10/16/1997
" ,
..'
','
,':tJ~~;;;~,.!,;:wt:~,l;i,:'~f:'{':Jlfri:~~'\'{!:;:;;:{'&,~V;0':i~M~.t,;f\.~t':'.:..;i,\ ';.;\.'. ~\';'" .".,:."
$;tl~~" t.\:." i\';1~. "J ;V:v, ~ . C...t ". '\.\" ., . I ~'1. ,...~t-':lt..;{V~~".iit'~ ~~ft:'. \--. ~ ~ i ;~I!I ~'.(. 4,..j :~.~~~,",1 i . .
::f.l/,/~?>'::,~ J~{:?~i~::~;t?:;:'i~,;i':):::":;.;\:\!:~,~:;~;'l}y:~}:;,",:.f:~i'i;:,n,)~~;~P/:!"'{~/ 1, ;':".' ::'/ :/i '.,
. . . :'I~ ...,
~,"~ .
.);.
"
i:.:,
Agenda:
. I.
. x,, :;.
'. :
,,',
, .
"j,
"
"
I ;. ~ ~ ' .
".'. .
:", .
. ~t,; ......t: '~
::,:~ ,I,", :. ;~.
~(.:~'h t::
-/::.';':' :. . < '
;~{. :, " .
.~, ": ..
: ! i ~ . I
~,\;\ '
jf{fJ;;~ . .
~, .
. ..
, ~.
1 O-16~97
'~~D
-----....-----.--._-----~- -
II
..
, ,
;,,;,""/;;",i. I;;>,:;/,;;i f~'il,?O\<:;;;.yt; (.:i:. .... . .''',ii......... ..... '..
City Commission
Meeting
,
10-16-97
note:' 10-13-97 Preliminary (Worksession) Agenda and paperwork
that was, in package initially but then not continued onto
Thursday's agenda is at the back of this agenda pack.
. ' . .'
'l ~l
, ,
, ,
"
! ..
,',\ '
r,
I'
,
., I
, ,. c ~~'.;.. '
", ", ,':t
...ft..
" '
. ~ . f
..,. ,;-". ,".
ACTION AGENDA - CLEARWATER CITY COMMISSION MEETING
Thursday, October 16, 1997 - 6:00 P.M. - Commission Chambers
1. Commissioner Johnson.
2. Mayor.
3. 2 awards presented.
Employee of the Year - 1997 : Jana Fine
Library Department.
4. Proclamations:
Lupus Awareness Month - 10/97
Domestic Violence Awareness Month - 10/97
Week without Violence - 10/19-25/97
Florida City Government Week - 10/19-25/97
5. a) Award presented.
6. Approved as submitted.
7. Citizens to be heard re items not on the Agenda - None.
1.
2.
3.
4.
5.
Invocation
Pledge of Allegiance
Service Awards
Introductions and Awards
Presentations: a) Florida Natural Gas
Association - 1 997 Operating Person of the
Year Award to Mike Deegan
Approval of Minutes - Regular Meeting
10/2/97 & two Special Meetings of 10/6/97
(attorney/client)
6.
PUBLIC HEARINGS
8. Public Hearing & First Reading Ord. #6193-
97 - Vacating easterly 2.5' of 5' utility
easement lying along west side of Lot 14, Blk
60, Mandalay Sub. (Pfaelzer & Connor, V97-
16)(EN)
9. Public Hearing & First Reading Ords. #6199-
97 & #6200-97 - Annexation & RS-1 Zoning
for property located at 2301 Campbell Rd.,
Sec. 6-29-16, M&B's 34.01 & 34.011
(Judith Coachman, Paul & Carolyn Young,
A97 -10) - Applicant request to Continue
10. Public Hearing & First Reading Ords. #6201-
97 & #6202-97 - Annexation & RS-8 Zoning
for property located at 1487 Otten St., Terra
Alto Estates, Lot 2 (Brenda Evans, A97-11)
11. Public Hearing - Res. #97-57 - Designating a
Brownfield Area within the City for purpose
of environmental rehabilitation and economic
development (CM)
12. Public Hearing & First Reading Ord. #6204-
97 - Creating Sees. 2.241-2.246 establishing
a Brownfields Advisory Board, amending Sec.
2.063 to exempt certain members from
residency requirements therein (CM)
13. Public Hearing - determine whether a public
nuisance exists on the following property,
1970 Rainbow Drive (Viorel Caba)(CRT)
10/16/97
~',~tlL\..,:"':!_.-l~l,i~~', ~...'.: .'
" ,
..- ,.
8. Approved. Ord. #6193-97 passed 1 st
reading.
9. Continued.
10. Approved. Ords. #6201-97 & #6202-97
passed 1 st reading.
11. Approved. Res. #97-57 adopted.
12. Approved. Ord. #6204-97 passed 1 st
reading.
13. Directed City At~orney to file complaint in
circuit court for abatement of nuisance.
1
...,.... ...:........ "----=--_--..:...:..=-.. "'
"
,
,'~ ..
'. ~ . <
" . . . ~ ~
: :i'ff(.>:\. " ,
. ~ H'
.' \'1-. "
i. (<c .1.'
. . ',. .,;, . . ~
",'
. ':
., '
Public Hearing ~ Second Reading Ordinances
14. Ord. #6179~97 - Relating to Flood Damage 14. Ord. #61 79-97 adopted.
Prevention Regulations; amending Sec. 51 .03,
revising definition of substantial improvement
15.0rd. #6192-97 - Vacating 15' utility 15.0rd. #6192-97 adopted.
easement lying between Lots 1 6-23, Blk B,
Clearwater Beach Park 1 st Addition and Lots
12-15, Blk A, Clearwater Beach Park 1 st
Addition Replat (Heilman's Restaurant Inc. I
Heilman Family Ltd. Partnership, V97-15)
16.0rd. #6194-97 - Relating to Environmental 16.0rd. #6194-97 adopted.
Advisory Board; amending Sec. 2.160,
.' relating to members '
17.0rd. #6195-97 - Relating to Library Board; 17.0rd. #6195-97 adopted.
amending Sec. 2.1 92, relating to members
18.0rd. #6196-97 - Creating Sec. 30.054 18.0rd. #6196-97 adopted.
imposing certain parking restrictions within
street r-Q-W in residential areas, and providing
exceptions; creating Sec. 30.055 defining
"inoperative vehicle" and prohibiting the
keeping, storing, parking, or allowing to
remain on public property of inoperative
vehicles for longer than 24 hours; creating
Sec. 30.056 prohibiting the parking of
vehicles upon public property or street r-o-w
for the purpose of displaying' for sale; cre~ting
Sec. 30.057 providing for enforcement of
Sees. 30.054-30.056; renumbering Sees.
30.054 through 30.057 as Secs. 30.058
through 30.061
19.0rd. #6197-97 - Amending Sec. 20.35 to 19.Continued to'11/6/97.
require certain maintenance of the sidewalk
portion of r-o"w by adjacent property owners
20.0rd. #6198-97 - Amending Sec. 28.10 to 20.0rd. #6198-97 adopted as amended.
omit certain signage and placement
requirements for newsracks, to provide for
location determination by the City Engineer,
and amending notice requirements
CITY MANAGER REPORTS
CONSENT AGENDA (Items #21-34) - Approved 8S submitted less #23.
10/16/97
2
~.,!"":,<!J.io.l.li..'.I"".J...\.".,.....'...;,;."'.'
. .~ ..j ........L:..:-:-."4~.~~.~~~~.......,...~____.." ,..
. " ..,.... .....-..., '
~ -
........
T
"
. \ .;.'",
21. Approve 10 year Emergency Medical Services First Responder Agreement with Pinellas County
Emergency Medical Services Authority (FD)
22. Purchase one 1997 Elgin Eagle Series F Mechanical Street Sweeper, Vantage Equipment,
$121,720; funding to be provided under City's master lease-purchase agreement in the amount
of $121,720 (GS)
23. Increase unleaded fuel contract with Louis Dreyfus Energy Corporation by est. $37,500, for new
total $137,500 (GS) - APPROVED.
24. Authorize City to award a contract to Ervin's All American Youth Club, Inc. to sell surplus gym
equipment (HU)
25. Agreement with Clearwater Bay Marina, Inc., 12/1/97~ 12/112002, for collection of daily launch
fees at Seminole Launching Ramps, for 25 % of daily fees collected (MR)
26. Clearwater Police Supplementary Pension Plan Board of Trustees - Reappoint William Schwab
(PO)
27. Contract for 1997 Storm Sliplining Repair Project, Suncoast Excavating & Utilities, Inc.,
$489,917, and approve $48,991.70 for 10% contingency fee (EN)
28. Second Amendment to lease agreement dated 2/22/96 with Dimmitt Car Leasing, Inc., extending
term to 1/31/98, renewable monthly thereafter at City option, Magnolia Park Sub., Blk 1, for
MSB/PS temporary parking facilities (EN)
29. Contract through purchase order for removal of Brazilian Pepper along Stevenson Creek, between
Betty Lane & Alt. US 19, to Stan Cisilski, Inc., for $45,000 (ENI
30. Fourth Amendment to lease agreement dated 1 2/2/94 with Times Publishing Company, extending
term to 1/31198, renewable monthly thereafter at City option, Magnolia Park Sub., Blk 8, for
MSB/PS temporary parking facilities (EN)
31. (Cant. from 10/2/97) Authorize City Attorney to execute a contract with Siemon, Larsen &
Marsh to prepare a comprehensive revision to the City Land Development Code for $ 234,450
(CP) ,
32. Approve ranking of: 1) Malcolm Pirnie, Inc., 2) IT Corp., 3) Dames & Moore, 4) PBS&J, 5)
Westinghouse Remediation Services, Inc., and 6) Geraghty & Miller, Inc., to provide
environmental audit, risk assessment & remedial services for the Clearwater Brownfields Area;
and authorize negotiation with each (CM)
33. Approve the State Brownfields Redevelopment Work Plan and recommended use of Brownfields
Redevelopment Grant Funding (CM)
34. Authorization to settle Stathis vs City, et al. (CA)
OTHER ITEMS ON CITY MANAGER REPORT
35. One Year Agreement with National
Development Council (NDC) for professional
services for $40,500; authorize City to invest
$100,000 in the Grow Clearwater Fund;
declare $45,000 in economic development
loans funded by the COSG Program as
surplus property and authorize sale of the
loans to NDC for payment of annual fee (HU)
35. Approved. Authorized. Declared surplus &
authorized.
10/16/97
3
~~l. 'I" l'", Y :...~~___ ,,'
...... .........
----A..__
~Jlo..
.1.L
IJA..
r.
T
...... '!
,,",
j . I.':' ..~..' \ '<.' ,:J:'0: ;f....~/; :~:~~.~~.~: . .~ ~ I' . {:'.\>~
:...' " i,
. II,','
, ;
:... :<~ .;....: .. .: ..
,'.
, , .
'"
, 36. Confirm co-sponsorship & waiver of City fees 36. Approved,
for special events including Jazz Holiday, Fun
'n Sun, Fourth of July, Family Holiday
Traditions & Parade, Turkey Trot, North
Greenwood Street Festival, Martin Luther
King Jr. Parade, Memorial Day, Clearwater
Pass Bridge Run, Saturday in the City, and 1
new event, Military Appreciation Day, est.
total $188,396 ($69,720 cash contributions
& $118,676 in-kind contributionst; and
authorize event sponsors to approve vendors
(PR)
37. Approve C.O.#1 for active remediation of 37. Continued to 11/6/97.
former City Hall Annex I Montgomery Wards
Site to Post, Buckley, Schuh & Jernigan, Inc.,
increasing amount by $282,450 for new total
$4~2,450; and approve 30 day time
extension (EN)
38. Other Pending Matters 38. None.
CITY A TIORNEY REPORTS
39. Resolutions - o) Adopted.
aJ Res. #97-56 - Assessing property owners the costs of having or cleared owners' lots
40. First Readings - a) Passed 1 st reading.
a) Ord. #6206-97 - Relating to special events, repealing Sec. 6.30 to delete provision requiring
city commission authorization for sale of alcoholic beverages
41. Other City Attorney Items - Request for outside counsel for former Police Officer John Smith
regarding Skowronek vs City & John Smith - Approved.
42. City Manager Verbal Reports - None.
43. Commission Discussion Items
aJ City Attorney evaluation - Continued to 11/6/97.
b) City Manager evaluation - Continued to 11/6/97.
c) Resolution supporting Annexation Legislation - Res. #97-58 adopted.
dJ Mayor's Trip to 1998 Winter Olympics in Nagano - Approved.
44. Other Commission Action
Seel noted City proparties collect 36% of total CVB tourism taxes. August tourism figures
increased by 16% over 1996. She requested background information ra St. Pete Beach's 102%
tourism increase in August.
10/16/97
4 '
~
~
,
." .> .'.4 I. ':", <ll.~ (,~~
~,~,~ h ~ I " .
/~ :~':::,'~~/i(::::::'<<,,> ~'>(',;" .1 ,. ,~':
-,
. :'~ .
/.". ,
, '
Seel suggested Pinellas-Anclote River Basin Board funding may be available to purchase Bayview
Mobile Home Park. '
Johnson thanked Public Services for sweeping up broken glass on Yelvington Avenue.
Clark'invited attendance at City's annual Jazz Holiday running tonight through Sunday.
HooDer indicated Parks & Recreation Director Ream Wilson had notified City re his pending
retirement and commended him for all he has done for Clearwater during more, than 30 years ,of
service.
Clark reported he was requested to represent PSTA on the MPO. Commissioner Seel expressed
interest in serving as City representative on the MPO.
Garvev invited people to attend the weekly downtown Farmers Market at Station Square Park on
Saturdays between 8:00 a.m. and 1 :00 p.m. She also noted the Jazz Holiday had begun.
45. Adjournment - 8:56 p.m.
.:.l
;-
10/16/97
5
, '
"
~tUMIt.'ll~~~'~~.J.I~UJ~~iti2&)~~'.'~' .,. '." . ,
'~. ."""............~......"'~.~...~-..~~o(,tl~"'"~.............-....~.,,.'-
cl...__......~Il'::;~......,' j.'.,,~.,' . " ", i,~;,..~.~...-: ":w' :.." I'; ';
,
v
T]
r"l~t"'~l
....
.'
. /, .
.> ":" ~.. " . :,; ..,",<~',';:-~,.,' ".:.' ',:"~ ~:.~.~ .,', ~.
... /, , .,.... :;
. ':ccl ~ c. I' , ' '~: ;',' J. '. ~ I.
CITY OF CLEARWATER
Interdepartmental Correspondence
TO: Mayor and Commissioners
FROM: Cynthia E. Goudeau, City Cler@
SUBJECT: Follow up from October 13, 1997 Work Session
COPIES: Michael J. Roberto, City Managerj
DATE: October 14, 1997
In response to questions raised at the October 13, 1997, Work Session, the following answers are
in final agenda order: '
Item #10 - Annexation, Evans - Central Permitting was not aware this property was already
receiving water and sewer until the application for annexation was being processed. Water and sewer
bills have been paid for this property since 1988. How this was done without permission to hook up to
these services is unknown. There is no record of impact fees having been paid. There have been at least
three other owners of this property.
Item #22 - Street Sweeper - the glass on Yelvington has been removed.
Item #20 - Code Amendment re newsracks - a motion to amend is being prepared.
Item #23 - Unleaded Fuel - att--aened is a memo from Bill Baird regarding the tax and
consumption questions. \ s w\+k' \~""" .
Item #24 - Gym Equipment - Kathy Rice is verifying whether the Club still wants the equipment.
Item #28 and #30 - Parking Lot Leases - The additional funding for the Municipal Services
Complex approved by the Commission in June 1997, included funds for parking lot rentals through
February of 1998. That funding is not exceeded by these lease extensions.
Item #36 - Special Events - attached is information from Jean Sherry regarding the funding for
Military Appreciation Day. ~\S w\~ ',-t<-W'\ . '
Item #41. Other City Attorney Items - an item is being added regarding outside counsel for
former Officer John Smith.
Item #43c - Annexation Legislation - A resolution supporting the legislation is being prepared.
~l:i!t:'.i"""l~~"~."'.f-"""'."
~.. or... ,........, , ...+.....~"".......,...~"'......... . .:!.":::..::!__~.r~~"":-k ;~.::'_:.:.:"':::
1. If
r- ".'~; ".
I,
.,
. II
. c' ." '. .
.. .
'l~' ; ,!~;~,.".'"~,~,, ',' ...., , ,~, I ",,4'.'.',' !"", ~',;,~': ,,~~r:: ;;,~:':!,+.", :::y!'?r(,\~; !:J:~< ~ ':i ::~ :!;c!:( ( :. ;:: ,-;.: ".
"
TO: . '
FROM:
SUBJECT:
COPIES:
.:
DATE:
. ':. ,~c:.
, . ',l,
Mayor Garvey
Sally Thomas, City Clerk Specialist
Invocation
Cynthia Goudeau, City Clerk
. October 16, 1 997
. No minister will, be present this evening.
.11
:' .
"
."",
','
l.
II
CI T ,Y OF C LEA R W ATE R
Interdepartmental Correspondence
1
,
"
" ! ..
'I.
,.
, " :
"
.j t.
, .(
o' , , !
;
"
, '.
; ( "
"
,
" .'
\:' ,
~--~
"
. ~ ~ > .
.-t~ '". .
.
CLEARWATER CITY
COl\tlM:ISSION
Agenda Cover Memorandum
Item #:
Meeting Date: 10/13/97
10/16/97
SUBJECT: SERVICE AWARDS
RECOMMENDA TION/MOTION:
The following employees be presented with service awards for their length of service in the
employment of the City of Clearwater.
1m and that the appropriate officials be authorized to execute same.
BACKGROUND:
5 Years
Ke'vin M. Bligh
Steven M. Sears
Joseph F. Ruhlin
Daniel W. Slaughter
Phillip D. Hughes
Dina L. Ayres Hyson
Police
Police
Police
Police
General Services
Community Response
10 Years
Patricia M. Shea
John J. Nuebel
Varghese M. Jolly
James W. Thomas
Dale E. Fitzpatrick
Thomas J. Glenn
John C. Correll
Brian K. Powers
Jeffrey R. Rosenbaum
Rodney J. Wilt
Raymond G. Kaval
Joe B. Lain
Sherwin F. Meyer
Parks &' Recreation
Engineering
Public Services
Police
General Services
Solid Waste
Engineering
Engineering
General Services
Fire
Engineering
Marine
Engineering
'5 Years
Lawrence D. Borland, Jr.
Paul R. Hoobler
Doreen Spano
Steven L. Grasso
Debra D. Faison
Kenneth D. McAteer
Joseph J. Arrien
Michael D. Burke
20 Years
Jerry C. Karlik
Joseph A. Pidala
Leonard J. Gogola
Frank J. Hill III
Hugh A. Yeager
Fredrick J. Maier
Kenneth A. Schrems
David G. Hawkins
25 Years
Richard F. Novo~mesky
30 Years
E. Ream Wilson
Police
Engineering
Engineering
Marine
Parks & Recreation
General Services
General Services
Human Relations
Police
Fire.
Fire
Fire
Fire
Fire
Fire
Fire
Engineering
Parks & Recreation
Reviewed by: Originating DopBltment: Costs: Commission Action:
Leglll HUMAN RESOURCES o Approved
Budget Totol o Approved w/Condltlon.
Purch.llng V.er Department: o Denied
RI.k Mgmt. Current Flleel Veer o Continued to:
18 Funding Source:
ACM o c.p1tal Impl'Ovemant:
Other AdvertJ.ed: 0 Operlltlllg:
Date: 0 Attachments:
Oth.r:
Paper:
Submitted 0 Not Required Appropriation Code
bV:
Affected Parties:
0 Notified o None
City Mlneger 0 NOI R.qulred
~1IoIH......~.....,.
. ... ..... ,\... .". ......
c ., ..~..~.._:~_._.......~.......~"".L.."'~. ~..' ,.". .... ..
I . 4.~...'.
&
...h... __
V...'-....-...-7 I I T ~
~
~
. ~.' ..' ,I "...., r," , ,: /" .,. , ..' I' ,,' '. ,I I ~. ,
TOI Mayor Rita Garvey
FROM: Betty Blunt, Confidential Clerk/Receptionist
COPIESI City Commissioners, Michael Roberto, Cyndie Goudeau
SUBJECT. Presentation at the October 16, 1997 City Commission
DATEs October 16, 1997
The following presentations will be made at the October 16th City Commission meeting:
10 years
Raymond Kaval, Engineering Oetter of appreciation, desk clock)
20 years
Jerry Karlik, Pollce Department Oettcr of appreciation, watch with city seal)
EMPWYEE OF THE YEAR FOR 1997 is JANA FINE, LIBRARY DEPARTMENT
PROCLAMATIONS
Sandra Frear, PresIdent, LUPUS Foundation of,Amerlca.. LUPUS AWARENESS
MONTH
IJnda Amlde1, Director, The HAVEN. DOMESTIC VIOLENCE AWARENESS
MONTH AND A WEEK WlTHOUR VIOLENCE
Jeff Harper, City of Clearwater, Information Management Director.. FLORIDA CITY
GOVERNMENT WEEK
"
I ,'"
I",.
" ,".-:.:- ,'t_
'j '"'--...
." ..- .
,~,."'.}Z.'~.":'~~:~~"t..:~. ,,'
. ~ I
, ,
5C\
CLEARWATER GAS SYSTEM
Interoffice Correspondence Sheet
TO:
FROM:
Mike Roberto, City Manager I
Chuck Warrington, Gas Systcm Managing DireClor)
COPlES:
Kathy Rice, Deputy City Manager; Rick Hedrick, Assistant City Manager
Subject:
Florida Natural Gas Association "1997 Operating Person of the Year Award"
Date:
September 16, 1997
I am proud to report that the Florida Natural Gas Association (FNGA) has recognized Mike
, Deegan, CGS Gas Supervisor, as their "1997 Donald L. Napier Gas Operating Person of the Year".
This is a significant accomplishment for both Mike and the Clearwater Gas System.
I'
For Mike, it recognizes him as the top natural gas operating person in Florida. There are 39 natural
gas utilities in Florida with over 2,000 operating personnel; therefore, this is a significant personal
honor.
For the Clearwater Gas System, this represents our second winner of this award in the six (6) years
that it has been given. Bob Caruso, our Cathodic Protection Specialist/Section Leader was
bestowed this award in 1991. The only other company in Florida which has had two (2) award
recipients has been Peoples Gas System which is 17 times our size.
Mike, if it would be appropriate, I would like to present this award to Mike publicly at the
beginning of the Commission Agenda meeting on September 18, 1997. Please let me know if this
is possible.
CSWlbgm ,
Attachments
bmau9v:u:\mso"lal\wlnword\memoB\m1doogDJl.doc
I
I
"
~r ~
.
.'
Clearwater Gas System
Natural & Propane Gas
5~
Adf'riNltrlltfv. Ole..
& Optratfona c.nc.r:
400 North Mvrtle AVlflJe
C&eatw8ter. Fbrid.34615
Tet~. (813) 462-6630
Fax (813) 462-6636
Nomination for the 1997 "Donald L. Napier
Natural Gas Operating Person of the Year" Award
Addendwn to Entry Fonn
As Supervisor of our Consln1ction Section, an important part of Mike's duties are centered on
protection of, and repair to, our lines. The past year in Pinellas County has not been an easy one
for any Utility. Every major, and several secondary roads arc under cons1nlction or being
improved. As you know, most contracts now contain incentives for early completion and
contractors sometimes put more emphasis on speed than safety.
Over the past year Mike developed handouts to use at all pre-construction meetings that outline
safe procedures around gas mains. Additionally, these handouts list and explain the services we
offer to assist in the prevention of damage to our lines. Through these handouts we try to
encourage the contractors to put a safety plan in place early and avoid any problems arising from
damaged lines.
The second part of the program consists of a method of investigation and reporting on all third
party Uhits" to our lines. The investigative reports also contains infonnation on all costs to repair
and costs for gas lost. The party responsible for the damage is then billed by our Risk
Management Departinent for the costs associated with the damage.
Ju you probably guessed, we haven't yet collected as much as we feel we are owed. However,
our Risk Management Department is working with several contractors insurance companies and
expect we will at least recover the cost of gas and part of our labor.
This is a very positive step for our company and one that we feel wiJl be successful, not only in
recovering costs, but in eocomaging contractors to operate in a safer manner.
For his work 00 this project, along with his excellent perfonnancc on all the regular duties, I am
proud to nominate Michael T. Deegan as the 1977 uDonaJd L. Napier.. Gas Operating Person of
the Year."
:Tor p ncoliliicrent'rTvnlnent . . . liSt! nall/Ta[gas/
r.
I'
CLEARWATER CITY COMMISSION
E rJ I\.. Agenda Cover Memorandum
~
Hem #
Mccting Dale
a
\a.\(o- ~
. SUBJECf: Vacation Request 97-16 (Pfaclzer & Connor)
RECOMMENDATION/MOTION: Approve the applicants' request to vacate tbe easterly 2.5 feet of the 5.0
foot utility easement lying along the west side of Lot 14, Block 60, Mandalay Subdivision and pass Ordinance
Number 6193-97 on the first reading.
o and that the appropriate officials be authorized to eXCClllc same.
SUMMARY:
· 'DlC applicant is requesting to \'3cate the easterly 2.5 fect of the 5.0 foot utility casement lying along the west side of Lot 1-l,
Dlock 60, Mandalay Subdivision and addressed as 9.J4 l\fandalay Avcnue.
· 111C c.xisting housc, built in 1940, encroaches 25 feet into thc casemcnt.
· 'I11C applicant is proposing to vacate this portion of the casement to eliminate thc encroachment.
· Florida Powcr, Gcneral Telephone, GTE Americast. and Time \Varner have no objection to vacating only that portion of
thc cascment being encroached by the existing house.
· TIlis petition I~as been reviewcd by various City Departments/Divisions concerned with casement V<lcation rcquests and
there are no objections.
Reviewed by:
Legal ~
Budget N/A
Orignating Dept.
Costs:
N/A
Commission Action
Engineering
(Current FYI
Approved
User Dopt.
Funding Source:
Approved
wlconditions
Purchasing N/A
Capt. Imp.
Denied
Risk Mgmt. N/A
IS N/A'
ACM 1~
ENG.
OTHER N/A
Advertised:
Operating
Cont'd to
Date: 1 0/02 & 1 0109/97 Other
Paper: TamDa Tribune
Not reqUired:
Affected panies
notified X
Appropriation Code/s,
Attachments:
Submitted By:
N/A
Ordinance No. 6193-97
City Manager
Not Requited
V;\C97IliP)1:\IiLZmt & .
~....~..t~"""'.'
.'''1....
..........~ ~ '...~" "..~.... ~. ~.,....... .i ..It.. .....h.."d+H+ "'.I':~~ ....~.\I....~"...uf~loIIoe'IooI;"...-......-.....................~-1.... ~>..,....., ~_..... .. ,"...~ c
~..">"''''''...~;,....:~.
.' ~ ~~ .. 'II;,.I . t . '. ,','
>, >
,1.-/' '..:1 + .~...... .... ." \ '.,
~
,.
"
<. Or _ ...
ORDINANCE NO. 6193R97
~
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, VACATING THE EASTERLY 2.5 FEET OF THE
5.0, FOOT UTrUlY EASEMENT L VrNG ALONG THE WEST
SIDE OF LOT 14, BLOCK 60, MANDALAY SUBDIVISION;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Justin Pfaelzer and Amy L. Connor, owners of real property located in
the City of Clearwater, have requested that the City vacate the utility easement described
in Exhibit A attached hereto; and
WHEREAS, the City Commission finds that said easement is not necessary for
municipal use and it is deemed to be to the best interest of the City and the general public
that the same be vacated; now, therefore, '
BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA:
Section 1. The following:
, Easterly 2.5 feet of the 5.0 utility easement lying along the
west side of Lot 14, Block 60. Mandalay Subdivision.
according to the map Of plat thereof as recorded in Plat Book
14, Pages 32-35 of the public records of Pinellas County,
Florida
is hereby vacated, closed and released. and the City of Clearwater quitclaims and
releases all of its right, titre and interest thereto.
Section 2. The City Clerk shall record this ordinance in the public records of
Pinellas County, Florida, following ,adoption.
Section 3. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AN ADOPTED
Rita Garvey
Mayor~Commissioner
Approved as to fann:
Attest:
~c
John Carassas. Asst. City Attorney
~
~
Cynthia E. Goudeau, City Clerk
Ordinance No. 619a.97
~~~\lII.\'iiJJ;w..~:....,,,"<'"'' ,,,..
~,,, L' ,...~..._~....__.._..,,,," ~.-i '" ",...~._ .'.. _ ..
c_ . . ." . ........, a ...
. I :, \ . . ~. , c . J ~ ,. .
, , ,
>.. .. I. ~ '0'"'''' L ~. . ~ .'. ,'. ."
,"
, .
\ '," ',' . .' , : ~ .... .
.,. F'" ., ",
~
NORTH
NOT TO SCALE
Exhibit U A"
8
LEGAL DESCRIP710N OF EASEMENT TO BE VACA lED:
The easterly 2.5 feet of the 5.0 foot utIlity easement lying along the west
sld(J of Lot 14. Block 60. Mandalay SubdIvisIon. according to the map or plot
thereof os recorded In Plat Book 14. Pages 32-35 01 the Public Records of
PInel/os County. Florida.
Easterly 2.5' of Easement
Vacation Requested
b A /icant
Existing
Utlltty
Easement
5.~~
I
Lot 3 / I
I
Lot 13
Lot 2
o
OC~
-<o\J
Lot 14 ~
~'O\O
~~\)\.
/' '?J~
f
i
I
{
I
Lot 1
15
i
1
1
i
t
!
w
::>
z
.W
>
<(
.>-
<(
-I
<(
o
z
<(
~
S-T-R: 32-28S-15E
Grid: 2.38A
THIS IS NOT A SURVEY
PF AELZER/CONNOR
voc97 -16. dwg
Drawn by. PWD
Date: 9/9/97
Ordinance 6193-97
~------------
-
r.
bJ lX i ~
0
..--- ' .-,-.~(---- ~~. i"" f ~
-
~ lNI[~dl}1l . '" III . .
:I:
..
j, ..
0
,
,"l
.' ,
,
,
\ , ..
, ltd
, ;.
,
i ~
I
II
I
o _~
lit
.~&nJL~
~
c==Jl
d)
~
~
f'/
,t
.....
A ·
,.,
.'~ ~
~
T ~~,""'."'-'~"'.... ~ ~c\ .~.,~. <.\. ~,.~'
-
~~ ':t;.i,ll;~ ......~~...".
-.:2~~~ i(~t~. ~~
. _~ I ..,
.... w.O
r "
~
II'
,
,N"! ,". .,
. < ~ ~.. ".,. .
.. '..~' ~r'. .... ,;".' ,'(.f\" ~ . I .. .~: . . , . .
....LMA
....
....
....
Landon, Moree & Associates. Inc.
Civil & Environmental Engineers
Planners. Surveyors
A q /) '031622 U.S. Highway 19 North
I ' {I Palm Harbor. Florida 34684
Ph (813) 789.5010
Fax (813) 787-4394
Internet: 73417.1004
@ compuserve.com
October 2, 1997
~E'CEIVED
ocr 06 1997
ntTY CLERK DEPT.
City of Clearwater Clerks Office
P.O. Box 4748
Clearwater, Florida 33758
ATTN: Susan Chase
RE: Coachman I Cambell Road Annexation
3.75 ac Parcell Southeast corner of
Cambell and Coachman Roads
Dear Ms. Chase:
After speaking with Steve Doherty at the City of Clearwater Central Permitting Department, we would
like to stop the annexation of the above referenced parcel in order to proceed with land use changes
through Pinellas County. '
Once the landuse change that is required has been made through Pinellas County we will proceed with
the annexation. '
If you have any questions or require further information, please feel free to contact me.
Sincerely,
Landon, Moree and Associates. Inc.
00: Etim Udoh, City of Clearwater Central Permitting
F:\DOC\2:X).Olbl~
(')
. \ .f'.. ~
"
"
,',
:1
, .'
"
..
.;q'J,i,!it~i~Y :S{ig;:9~i~J![}:; ~;~;~::~!:;iX:':;:; :;:!}?~fi;,; '; !:'::'Wi,.
.~ . ,."I,f'.., " \'
, "
"
Item #10
I' ;',~
"
~:. .
,",.;1,
",
, ,
"." ,.
~38'
'b:
< :' 1
"
I.
I'.'
I,. ",
>;
~r:,' "
ii,
'c:".
", .
. ,~ :
If,.
, "
< .~
!',>'
.... .
Jr' ...,
/:::'
::- ~.. .
';
"
r
....:~~~l1r
~
<.' .
....~. .. ~' ~. ~'. . "
(8
cP~
Clearwater City Commission
Agenda Cover Memorandum
Item II: '
(0-
Meeting Date:
10/16/91
SUBJECT:
. Petition for Annexation and Zoning Atlas Amendment for 1487 Otten Street; Owner:
Brenda M. Evans ( A97-11)
RECOMMENDA TION/MOTION:
. Approve the Petition for Annexation and Zoning Atlas Amendment to Single-Family
Residential IIEight 1/ (RS-B) for Lot 2, Terra Alto Subdivision and pass Ordinances No. 6201-
97 and 6202-97 on first reading.
o and that the appropriate officials be authorized to execute same.
SUMMARY:
PROPOSED ANNEXATION AND ZONING ATLAS AMENDMENT
]?ROPOSED ZONING DISRTRlCT
PROPOSED FUTURE LAND USE PLAN
CLASSIFICATION
EXISTING AND PROPOSED USE OF THE SUBJECT PROPERTY
EXISTING USE
-;t>ROPOSEO'USE,
Sin
Sin
Reviewed by: Originating Department: Costs: Commission Action:
Leglll N/A CENTRAL PERMITTING o Appro\led
Budget N/A ~ Toud o Approved w/Condltlons
Purchasing N/A User Department: o Denied
Risk Mgmt. N/A Current Fllelll Vear o Continued to:
IS N/A Funding Source:
ACM N/A o Cllplllll
hllp,QvemQl1t:
Other Advertised: 0
Opernllng:
EngIneering Oll1e: 9/2/97 0 Attachments:
Olhol:
PlIper: TAMPA TRIBUNE ORDINANCES NO. 6201-97
& 6202-97
Submitted by: 0 Not RequIred Appropriation Code
Affected Parties: LOCATION MAP
i1 NOlllllld o Nonlt
City Manager 0 Not Required
(1 )
,.
. .... '.
>,", "" .
A 97-11
Page 2
REASON FOR REQUEST
· Trash pick up. The applicant is already receiving water and sewer services from the City and is getting billed for it.
Staff has researched City records and there is no evidence to indicate that the City has ever given approval for these
services to be connected. There is no indication that former owners had entered into an agreement with the City
through an Agreement to Annex (AT A) on this property. According to the City Utilities Department's records,
previous residents at this location were receiving water and sewer services from the City since 1988. The current
applicant started payment for these services to the City on August IS, 1997 per Utilities Department's records,
Engineering Department is going to conduct further investigation at this site, and to determine if there are other
facilities that are being served without City's approval. Staff will inform the Commission of the result of this
investigation once it is completed.
ASSESSED VALUE OF SUBJECT PROPERTY
I..... '.' '.'0>::'. ..".:': "... .'...... .... .:". '.. ....... ',. $ 5 '400"00'" .. ........ . . .'
....,. ..... .... . .' .. '.' '. .. ...... 2 . ... . ... .
.:'.::.~..::.:., ;".:' J: '~::<~:' '::':~' ....", '~":::" ':>>.:: :::':.': ::',::: >::" ..;;: ::....:.:..~. ":":. .:: ":: '" I .... ...:."": .:":".: . ...:. '.:.'
.' '1
· Pertinent information conceming the request is summarized in the tables on page 3.
EXISTING ZONING AND FUTURE LAND USE OF APPLICANT'S AND
SURROUNDING PROPERTIES
:l~o.CJ\.T'QN'.: .~IN'CITY.:.:::,"'..= F.VTURELAND:USE ZONING' ACTUAL USE '..;.
;'::;';'~:':'<~;:::..~:/::;..::,':.)>':~: ::-:C)~:.:/,'.:".'.:.' >:.',:;::' : r.LAN'CA~qORY '. '.: . .:..' . :., ...:. .;'. '.
"'. ...:.:.,.'.:,..:,.:..:::..',.:.....,::: :,C01JNTY:..:.} " . ....
Subject County Residential Urban R-3
Pro ert
North
South
East
West
Single~family residential
Institutional
Residential Urban
Residential Urban
Residential Urban
P/SP
RS-8
R-3
RS-8
· The Planing and Zoning Board held a public hearing on this application on October 7. 1997 after which they
unanimously endorsed the proposed Annexation and Zoning Atfas Amendment to Single-Family Residential
UEight" (RS-8) to the City Commission.
ZONING DISTRICT RESTRICTIONS
DESCRIPTION RS~8' .. . . . . . EXISTING
.. . " . . . . . .
: "'REQUIREMENTS'" :
Densitv 7;5 u;p;'a:. maximum '.' N/A
Lot Area . 5,OOO'sa,' ft..minimum,".... 7.100 SQ, ft. m 0, 1.
Lot Width at set back line 50 feet.:mhlim'um: :.;.. .' 71 feet
Depth '.80. feet miriimunr...: :(' .:...:. . . I 00 feet
(2)
~d.._l.t~:~,s,.."';':f..l.. ....t;.~~. ....c"'... ~
-
~. ,"j
I'
"
.'
~"'~c"1~~. ..'r'..<.;.l.ii'......:...~....,~..-r"r"'",,....,{I.lt.t.>,~..J+..'o~\.....,'~. ...:J",;.,~)','..;;~.:r"'.I'\'" >',"r.'" <' . ..". . I
A 97-11
Page 3
OTHER REQUIRED REVIEWS
':'AGENCY}}:-'i':':/, ~,:,;:,,'::';,-i'l\::::rd:;';'(\/:'>i?,S~,:,\/;/;:''(:;t',:r:<i);\~::.}r:i:'/f:':<','\,fj:::.:':,: ':i::',"::":,;:~/YES:';::'~':i;: :':
Pinellas Plannin CounciVCount ide PlaMin Authorit
Florida De artment ofCommunit Affairs
"'oj<
:. :,..
, '. " ABBREVIATIONS: R-3 = Residential, Single Family District (County) ,RS~8= Single-Family Residential
, "EightU District (City), P/SP = Public/Semi-Public District (City) & u. p.a. = Residential units per acre,
, ,
CC A9-11
, "
'" . CC A97-09
'\ I.' ,
'.', .
','
"
; "
." . ~ :.
, ' ,
.\' .
". I .
l'
;.1 l'
(3)
, J~J(..t~~WJ4l.wI"*'U\'~44t~i.~,~~"1>."'IJ.~~.~~iCf
.dvr"M.......~~--...........-..__.4r...~r...
'" ~>.-...I..._'Io......,~ ...
~
--
-
.'
"
~
, .
ORDINANCE NO. 6201-97
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA.
ANNEXING CERTAIN REAL PROPERTY LOCATED WEST OF
HIGHU\ND AVENUE AND OrrEN STREET. CONSISTING OF
LOT 2, TERRA-ALTO SUBDIVISION, WHOSE POST OFFICE
ADDR.ESS IS 1487 OrrEN STREET. 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 CllY COMMISSION OF THE CITY OF
CLEARWATER. FLORIDA:
Section 1. The followingo.described property is hereby annexed into the City of ClealWater
and the boundary lines of the City are redefined accordingly:
Lot 2. Terra-Alto Estates, according to the plat thereof, as recorded in
Plat Book 45. Page 5, of the public records of Pinellas County. Florida.
(A97-11)
Section 2. The provisions 'of this ordinance are found and determined to be consistent
with the City of Clearwater Comprehensive Plan. The City Commission hereby accepts the
dedication of all easements. parks, rights-of-way and other dedications to the public which have
heretofore been made by plat. deed or user within the annexed property. The City Engineer. the
City Clerk and the Central Pennitting Director 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
Rita Garvey
Mayor-Commissioner
Approved as to fonn:
Attest:
'K:
Leslie K. DougaU.side
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
..1~
-
---;:\ l; 'fl Il ., ; ; ~ t ::
::: "t ~ .. .. .. .. ::.. ..
.&, 6~'" 63 64';:: 6~'- 6~" 6'''' 68 6~f~ 70'"
. ES' AT~S .
l& M $.c M $2 51 ~ ~g 43 . 47
ill" 'ol~~ ~ i,.. If,;" 10 ",; i
..,'....,~;~ ~, ~ . ':)~ ':" ~
~! . I all ~ " ~ ~ c :;.;
4 116 ~ "7~ J~ ~,..~ '.4lI43- ~. "'~~ 45:1 46~, A'
l.~ .,... -.. r.-o -2 B' ,
)0 ~ " g, nr;\~ , /0/ " ,
14 t~5' 5 95 96ft 97)(98 ~SJ.' 'p I S P
I flu 10 IUI ~ fl..! ,.4" . ..:
a. DEN11.EY S1R9:T I a .. ~~oo ',~ .G~~~E . ~'
J~. D c; In ~, R ,~.,~ . LUTI-lERAN I~ P ,
t :: ~ ~ ~ r: :t Jl/06
; 108 '07 106 105 II ~OJ 102 101 CHURCH 1111 'it
J 80~1~ / ~
_~. ~ .. ~ ~ rn eo,ft;1i s;rot A' U ~ (j) tli;.co · r~s-~
I IA~~ ,/' 8 - I ~ i:41 70 8 - .i~"4 3}. ".;'i:i (li I!
:J ~ ~:..i~~ ~ Rl"j~~ 13' 14 lS -:f~.'i. I! ! f
l"'t"f.S ~;,!.. ~'O !! 11 ~~;:a::' ! ! 'tb::I L;l:.Ei"11
17 "l'~.:t! ~~~.!::' ... '" ~.s1 .J t
{ ~ \ :;:.:;.~~ "'AftN'''U:~ I..up 8 I'
. ~l ill fI,"'~' """"""'-SA '~'''.~ . 5JV11io mt : :
"9 \ -.)~ ~ ... · · Bro, , ":l I \..
'" '~a~ 23 ~ 22! 21! Z20 ;{~ 1a~ 17:! n j ~:;:====:.- u;:~_:~
r\ ".",~ R ~ Q .~,. t.11.:!.rJ I (:-- - I co
~ I -'! .Y '~"'~ .:,\; ,..; Q. ''t: ';: f If I f:l f I : I
~ ~ 26 27 28 ,,- -1 'r.. ~.~ ~ ';J~ I I I I d I ~
J.11 '~' : 'G" S:; ~~: 30 1 ~311 ;t.:,;,,~j t'1l:iJ/1 W. ,::1 1III ~
fJl n ~ : &:.a ~. ~,,,,. . ~.~ -::$ ~ ,''''401 --l I J '" b
o '" r-u"..y ....t~~!...1. 'ute' <<>> l ~- U
III "'-0N'V't... ..... .:""In.... ~ lit
! g"-.SI~37 i';-:''':l .~ J;i I ./nIGJrrAU' EBT
40 39 .. [ ~ ~ Ii .:~~' ~. 34 -. ,. ~ V 12 =: 3 ~ ~" ~
-.. ~'Y. -.. \!) J<<r nil ... ~ ~ ~ t
~l':"!,,1'::,I:.;!~'.t~";:.~.~:;' 0 SA)()y
"~I . @ ;{,i~~~~~: 13. t: tl
. ':_~i)l1~~Ar~~~~~r i n" 'a .., I I
, . . :.at&;; ...;~..U'~"S ~ 1'3 . lIE. 7.' &
.... "."+ - ,~~':.~., ~ 't"":.
-, .,.':. ,~..' . . :m'. ~ , , tI..,
, . :,.~.:"J3/04: . '.~; '. ~..t:' i; . .' ~ nli '.' .. mrr1m ~
. '. ..I:._.:...~". .. '. ,.' '..:' ~.:\
:.~::,:'.~~./~.~~.:~:,:::~~ ~ '/ ~, n ".::'=: '._~ ........ it... ;": 2 '4'1 '.6-~ 02 10a 1
~ :::,- -C..~J
Ii! 2 ' 32/11
.
.......
IIJ.
r~~;"C-"tf
~-- t-U
3';04
1110
Ii
-- r--.. ,m
tOO ~'IR
31r,
I
. : 31/0?
HrGHLAND S
HOPPING (
.
.
~ 11 10
"""~ '
; .
. ) 4~
.).Cu-n! ~
'^-"-_,n'f C w.Lll
~
[G ..--
~--~ .-....
_.~ . ~ n ..
FOt. .
: il m J
c 'I ~h (
~ .J G
.
102
IIGHWA Y
IN CENTER
i.fR
~1'Y
131-411
7'D
~ .
,'D.
l
PROPOSED ANNEXATION
LAND USE PLAN CLASSIFICATION AND ZONING
OWNER: Brenda M. Evans A-97-11
ADDRESS: J487 Otten Street PROPERTY DESCRIPTION: Terra Alto Subdivision. Lot 2
LAND USE PLAN ZONING
COUNTY: Residential Urban R.3 PROPERTY SIZE (....CRES): 0.16 Acres
TO: Residential Urban RS8 RIGHT OF WAY: None "CRg
ATLAS PAGE: 261A SEe: 02 TWP 29 S RGE: 15 E
'''f~''P&\NNJNG'AND>:ZONING'BOARD' . adObe "1 ;:)997 :.~.: ~~.; "~~:A::<'::;\/;;;"':ClTYCOM1r1lSSION;~'~~16 ':JfJ?7 !'}~~~'H','~:::' ":
'M(.~.'~ . . : . r;" .". .:'(:'1~~. "t'.....o<'o,;'. ,(,.~.~';:~.~.; .':.' I. ::i";.:.""\:~" ,....... c, -
EXHIBIT A
Ordinance
~ao 1-'1 '1
~J~
..
:t>
~.
ORDINANCE NO. 6202-97
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE ZONING ATLAS OF THE CITY BY ZONING
CERTAIN REAL PROPERTY LOCATED WEST OF HIGHLAND
AVENUE ANDOTTEN STREET. CONSISTING OF LOT 2, TERRA-
ALTO SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 1487
OTTEN STREET, UPON ANNEXATION INTO THE CITY OF
CLEARWATER. AS SINGLE-FAMILY RESIDENTIAL MEIGHr
(RS-8); 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
Zonina District
Lot 2. Terra-Alto Estates. according to the
plat thereof, as recorded in Plat Book 45,
Page 5, . of the public records of Pinellas
County, FL (A97-11)
Single-Family Residential UEightn (RS-8)
Section 2. The Central Pennitting Director 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.6201-97.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Rita Garvey
Mayor..commissioner
Approved as to form:
Attest:
Cynthia E. Goudeau
City Clerk
Leslie K. Dougall- id
Assistant City Attorney
Document No. 6202.97
-C::. II ~ ~ .. ~ :; ; t :: ,uf -
6':; 62~ 6'l. 64':. 6'j':. 6~':. 67':. 60 ~ 6g~ 70 ':. ~ 3
ES'~AT&S Ii! tIn 2 .
WS ~ 54 ~ $2 ~J !>O 4g 48 '47
i I ~. I ~~ ~ i,.. ~ I I ,;" 60 flU' i
. ,B--l ~ ~\I ' " .,
..... .,'i .~ I , , .'-' . , ..,l),NE '...______
4~ ~1l'6 ~ "\7~1\3i 40~ ,~,i.~ ~ 4~~ 45!~!. A'
.... .~ . ' ~. ....01 -2~'
~? It~~'.1 ~::S. g7.flig.:. "p I S P
I,u.e IUI :: ~ -714" . .
to " 1 . . '.. .0 32/12
S . eorn.EY STREET I a . 100 ". " GRACE
~ ~ ~ ! ~ ~,~ 1~~1' . LUlHERAN
:. 108 107 106 '05 1( 03 102 'OJ CHURCH
) 60 r-l~
..-
, ,(.; 1'1
~2/11
'I-J'
r:;"C~l1
~-- .~U
31/04
"'~
i
;;~~'.
I 31"
.
.. 31/0~
HIGHLAND S
OPPING (
.
.
PA1:lPOl TV
J>>- ....
N
. ) /'
"" ~/31/06
1/ 'ICI
Sndt. VlOI-I~ "'U-eM ""'1-128 ~
I ./ i;!: V\A.1l:_WI ~
.. .....;l!i... t'I'~ ft \0 t;\ ~JII! '. ('!l 100 '-'r ! t!
: m ..... iM~ ~ ~ ,Jl;:~ ~ S'U ,1S :!;~.! r"l r, [S'-~ ..--
8 ... ~ ; ~::. 7,"" 0'" d{.. j, r ~ I ;': ~'<; ):1::t' , I ~..-:: ._...~
, ';'1.;J... ty .\...~ . U W'1 t-..~~ I' , 'io\ ..
J ~:.~'~~ ~ R wJ~~~ 13' 14 1$ .:fi1 I . 1 ! I ~.~~ur.'" ~.,
~~:' :ISO ,11 ~~~fl ~: ! I ~;~I ;LL:l)" f I' ~ I iO~ ,
. ~.:t _ . ,~'!: ... ... ~ ... I I II . ~ I'
<<~,~ CAROL '-U .:j.1;~ f "UfO' a · r' ; IiJ ~!oj ~'
_,. ,I" ........ .1J'lf1l;, . ... III C
". --0. m. ,
\ ,-.)~ ~ : -lO t;-:, t. s 1\..
Y. .... ~ "" ~ ~ :J..c.. bJ f ~------- -----..-
, ~.",~~ 23" 22'" 21'" "'20 ~e:"" e'" ,.-..---.... ..---~
\ ,;.:,~ 0 e" 0 '''-.f.: 1. 17 .11:(1 J (_. r- } ~arn
I I~, _~ '2V"~( ifF i))Cl. .~.=>>: f II l:c ~ II 3
~ 26 27 28 ,,- ~.... :..... ~.;".'!'~ ";'~ I ! I I I I , t "'"
'~ = ~ S:: .~~ ~-I '31a .....:~:..~ t.%G",f f l:r I I , ..
n :t :t P ~ :a::". . ..~ ':$: ~ ~""U . I I ~II .., II b
~ ~. _'. . -..J l I ~.J. .
o rolUI'''Y .. ,,-~c.~"'!!' lANE a J I.J
II" _~.., W>~. .::"'(1.........11I.. 11ft
i e~ iJ7 ~~~ ''';1 ,~3; i /liIGJ;rtA~) E~rr
<4() 3~'" 38 ~f .~:U~.~: 34 (4) -*1"'" nil 12 Ii 3 @ S 4 ~
t:\ ~~~"-:W~4r~~.~~; S $A)l)y
o : 0, rII' . ~. ~1~1~il "I Ifll i .i i ~
I ._.,:~; >::<.... ,~itp~~~o;r '3'.$, 7: g
. . . l -. I. . .':"~,,~1.~1:~:..:~~ .~~ ..,,; :.::; ....... mr u."..,
,'.:~'. .::; '!-';~.:.... ..... ./ ~ n -' '....~ ~~~. ~ 2 '4'~ '.6-~ e ~ 10 ~ 1
:. ...... .'; ~..~ :_. ~. >' . ..::. IL.....6 L..... .. ... .. .... ....... ...,.,..-.. -,:..... ..1 ., "~c.:!!
. - .
.~ sS 7 i
,A' ~
(
! 11 10
Y'
i }t4~
Pi-S
, <.!::)
..,
10
.
102
IIGHWA Y
tN CENlER
.tR
, .
PROPOSED ANNEXATION
LAND USE PLAN CLASSIFICATION AND ZONING
OWNER: Brenda M Evans A-97-)1
ADDRESS: 1481 Otten Street PROPERTY DESCRIPTION: Terra Mfa Subdivision. Lof 2
LAND USE PLAN ZONING
COUNTY: Residential Urban R-J PROPERTY SIZE (ACRES): 0.16 Acres
TO: Residential Uroan RSB RIGHT OF W A V: None ^CRFS
A1LAS PAGE: 261A SEe: 02 'IWP 29 S RGE: 15 E
ki\itPLANNlNG'ANlt1..ONlNG, llOARDf~Ober1~';1997:~~[:: :~""'if.;;{~,~:':;j'crryCOMMlSSION.~'OCtot)cfl()lm ",' , \, -,
.,.......:....~.::,}~;":.:~~~~. .....:~~ ,;;." ... . ". ~~.,~~~;. ;/.:'~ ~..,
Ordinance 6202-97
['" , ,.
_.M.
.
t~.t
,
1't
II
~
....
,,?f;;'
ro - r 0 ~
.:II.
1..,v.
,:/~
o
IJ
,
o
ne.
IC1T't I -'WAIMU ,l'o!.
!' .. ,
_L~ .. ..
.. ICII 'tIItlt ,l~
:-
~ 0:-
"'!lIICJ,l ..-c.
~ DIl.
~ @ to ~
COC ICl. I
! e.-..
I
"
0ClIa.UI..1C. I
.
D ,
1I1Cl'<(1 lID.
1(\00 1IIlI.
~ ..-{-
I \ .~
~ t---1- C>0 ,
I
I !
~
i
1
A </7,,1/
~U..\'j""l.~"';wi~!. ...... }. .~ ..~~. .wo......
,
----~
. ~ i
City Commission
City of Clearwator
P.O. Box 4748
Clearwater, FL 34618
PETITION FOR ANNEXATION
m~~~~~}Em
Commissioners: CENTRAL PERMITTING
CITY OF CLEl\RVvATEii
We, the undersigned, being all owners of the described real property, contiguous to the
present boundaries of the City of Clearwater, and situated in an unincorporated area of Plnellas
County, Rorida, do hereby request that said property bo anne)(ed into the corporate limits of the
City of Clearwater, Aorlda.
We hereby further request that said property be zoned and classified under the Zoning
Ordinance of the City of Clearwater, as set forth on the following page.
Attached hereto is a current survey of the described property, (If it is unplatted), together
with a certificate of tide from a title company, a copy !Of the deed or a lettor from a licensed
attorney setting forth the names of all persons, firms or' corporations owning any interest in the
described property.
The undersigned have been advised of, understand and In consideradon of the annexation,
utility services, and other good and valuable consideration. do hereby agree and covenant as
follows:
1) All structures and improvements which are erected upon said property subsequent to the date
of this petition for annexation shall comply with all applicable City of Clearwater regulations and
ordinances as set forth in the City Code of Ordinances:
2) To convey such recreation land, recreation facilities and open space land dedication and/or fees
in the amount and manner prc!1t"cribed by Division 2 and 3, Chapter 116, Article IV of the
Clearwater Code of Ordinances; and
3) When any substandard abutting street or utilities aro subsequently upgraded by the City to meet
City Standards, said improvement{s) will be done on an assessment basis, consistent with City
procedures therefore.
We, the undersigned hereby certify that we have read and examined all of the statements
and allegations In the foregoing Petition inclUding attachments and after being duly sworn, deposed
and say that such statements are correct, complete and true and voluntarily made with full
knowledge thereof. pL b /-,. '-
(Sf:S:;) -D 1"j - 07.. -.:51.;2 - 0 '- !::k ",d ~ 'iYI J,UlI.i1.,.--'
STATE OF FLORIDA )
COUNTY OF PINEUAS) J!;:-'
Subscribed and sworn to bofore me this Q day 0
. iJJn tuL
DISTR1BunON:
Original - City Clerk
Copy - Legal Dept.
Copy. Centrar Pennltting Dept.
SlForm. Paddon 'or AnnoxatiDn . SONo....SS . 1410-001 B
Notary Public
MV Commission Expires:
.. .-
ABARBARA H. P.IORNMANN
Notary Publk\ Sale 01 ROl'Ida
My CorYm. ElcPr.,. Ooc. 10, 1900
No. CO 417925
~ndcld ThN .m,"1 ..tart &tnttw
1-(000) 723-0121
"
-I~-..,
.'
.
CITY OF CLEARWATER
CENTRAL PERMITTING DEPAR~If;rr ~
100 SO. MYRTLE AVE., 2ND FLOOR ~ If, IT 'WI rr:m'
CLEARWATER, n.oRlDA 34616 ~ t.l:
PHONE (813)-562-4567 SEP 0 9 f997 _..:.'
FAX (813) 561-4576
Cl!j1Y"AL t't:.Kr.llr ",,/{;
DISCLOSURE OF INTEREST STATEMENT CITY 01=" SI_EA!?WA rt:i'
':PROPERTV: OWNeR{S):":!~:;;:::::;!:;:~:::'~::::":;:':'h:::: . :':~:::"..' ... . ..., >... ,..<...... ..... ..... . ..~::: :~L. ;",::.~;": :.;'.::~: .~;:: ';; .::~:~'.. :~:. ~~
.. ........". .......... ,.. ........
,. ... ............ '.or_.. ....., .' .............. .... ..n", ...... ,.....
.. ...."' .. .', .... ....... on. ... < ,.... ... .....,>. ........... H
NAME: E\.I\ N~:~ B\<.~() dA ja1
ADDRESS: 14g'l LV ~gf , PHONE: Lj.J5 - 9;.;.,"7 _::{ 9
,'.../ft'? " (g/3 ,
CITY/STATE/ZIP: C/eo/'iLJalC'l2 .-:ik- 337.55
'REPRESENTATJVers):.> ,:,::>",,:::.;:::,;-:::. '. :'.' .,.. .. . .. . . . . . . . . ,
NAME:
ADDRESS: -I' PHONE:
, .
Cln'/STATEIZIP:
. ANY OTHER PERSONS HAVING ANY OWNERSHIP INTEREST IN THE SUBJECT PROPERTY:. "
INTEREST IS: I 0 CONTINGENT , 0 ABSOLUTE
NAME:
SPECIFIC INTEREST HELD:
INDICATION'AS TO.WHETHER'A CONTRACT EXISTS FOR SALE OF SUBJECT PROPERTY. IF SO:':
CONTRACT IS: I 0 CONTINGENT I 0 ABSOLUTE
ALL PARTIES TO CONTRACT: ,
NAME:
NAME:
JNDICATION.;AS~T.O..WHETHER:THERE.:ARE'ANY:OPTtONS :TO. PURCHASE SUBJECT PAOPERTY/ IF.:
: :so:i!im;Hmi!!;i!Wi!~!:!mJjijmj;!~j!!T!U!~j):;:H:f)mm%i1!H;!~!!g)!l)HlmE~j :i:~:Y~: W: :]1:;1' '~!H;!iU!:: H;) !H~i~;P j :jj;,~~jjjj~j 1 .,; l' :,;~: y,: ;:~. :~:: :;+': :1;:;: ;.:: :,: ;1i! :i~:: j:: H;:: ;~: :;::1::::
ALL PARTIES TO OPTION:
NAME:
NAME:
rNDrCA TION'AS :TO WHETHER,THEAE ARE ANY MORGAGES OR LIENS ON THE' PROPERTY.. IF SO:
MORTGAGE HOLDERlS) NAME:
Na. f,/J/J5&'/C
~ /~c11l U)tJ ler/. Ne'"9!> bfl~ heed 5e/!Y/CC5
LIEN HOLDERlS) NAME: ./
SlForm. Potitlon lor Annoxalion. B.Nov.Sa. 141().OO18
- .,. ~ ..~L".... "0 _...'_h .'. .'"
cu~ 62~ 631 64~ 65~ 6J1.~ 67! 8~ ~ 6g~ 70 ~ "If~-
tEs- 'fiAT ~S ~ IIn 2 .
MS $S $4 ~ 5-2 51 ~ 040 4a . 47
I II · 'ol~; ~~... Il ~ t 1111 to IIU' i
. a-r ~ ;~' . '.
..'....~'~I.I~. ',.,l.ANE "'~
4~1I!116 .~ U7~ 3 40 f . ~1~ 4~ ~ 44~ 45! 4ti! .
,..-it ; . ~ .-o~ -2 3
JO) I, ~ 'J:,t. 11..,f;:1 Lr', .
.4 ',15 3 g~ 9& 91 ~98 ~9..
I ,IU 10 IU1 I") :: ...-
, .. 6~
a . BEHnEY S1REE1' I a . 100
, ~ IQ l; ~ ~J II ""~
;:t ~ ~ ~ ~ ::
J.. 108 107 106 105 11 ~OJ 102 101
60 -1 ~
{;'-~I
32/t1
.
-
IUI
[;~~c~o
3t/04
A
""0
i
-- r--- ,ut
t~ ~
e
: 31/07
HIGHLAND S
P/SP
., 32/12
GRACE
. LUTI-tERAN
CHURCH
HOPPING (
~ 65 7 i
.. -
'4 :'OIl
(
111 10
"""
t~ 14M
J
P1"S
\ Wet., \
f_ I
. I
'-"'".
.;.r
,.
.
102
UGHWA Y
tN CEN TER
i/R
POOP[Jll1'Y
...-411
J'O
I .
17" '
PROPOSED ANNEXATION
LAND USE PLAN CLASSIFICATION AND ZONING
OWNER: Brenda M. Evans A-97-11
ADDRESS: 1487 Otten Street PROPERTY DESCRIPTION: Terra Alto Subdivision. Lot 2
LAND USE PLAN ZONING
COUNTY: Residential Urban R-3 PROPERTY SIZE (ACRES): 0.16 Acres
TO: Residential Urban RS8 RJGBTOFWAY: None ACRES
ATLAS PAGE: 261A SEC: 02 1WP 29 S RGE: IS E
~~*1>>PCA.NNlNG:AND:ZONING>BOARD::oaObC'r.>7::19973rHi :(~:.' ,.",:: <tV :""~CfJ'Y'COJ\.lMISSION""OCtObei 16 '1991"':'" " '. . .
::~:f'~:;.i"~;~~~~:.,.~.~:-:-~:::.~~; :.~, / j. . .::;.~~.:: ::', ::.:.:':~~.:'.~::.."
i
1-'" ,
r
1T"""'~-~-~'
-
r'
.
eM
1-~
Clearwater City Commission
Agenda Cover Memorandum
Item #:
l
j O.IC, .97
Meeting Dale:
SUBJECT:
Resolution No. 97-57, Cleal"\^/ater Brownfields Area Resolution
RECOMMENDA TION/MOTION:
Resolution 97- 57 t creating a State designated Brownfields Area to stimulate environmental
rehabilitation and economic development in the area also designated as the U.S. EPA Brownfields Economic
Redevelopment Initiative Pilot Area
lEI and that the appropriate officials be authorized to execute same.
BACKGROUND: The Florida Legislature passed the "Brownfields Redevelopment ActH in the 1997
legislative session which defines a Brownfields area as a contiguous area of one or more brownfic1ds sites, some
of which may be contaminated, and which has been designated by a local government. Further, Section 376.80
(1) Florida Statutes states that a local government with jurisdiction must notify the department ofits decision to
designate a brownfields area for the rehabilitation purposes of ss.376.77-376.84. The notification must include
a resolution, of the local government body.
The designation of this Brownfields area is intended to accomplish the following:
. Designate the Fedeml Brownfields Pilot Area as the State Brownfields Area.
. Provide a concentrated area for the assessment and remediation of contaminated sites.
. Provide an area which will be eligible for Federal, State and Local redevelopment incentives including tax
credits and revolving loan funds to stimulate redevelopment of contanlinated sites by various responsible
parties.
. Provide incentives to ~timulate job creation and employment opportunities for citizens within the
Brownfields area.
. Remove blighted areas within the Brownfields area.
Reviewed by:
Legal
Budget
Purchasing
Risk Mgmt.
IS
ACM
Other
N/A
Total
N/A
Current FIscal Year
Commission Action:
o Approved
o Approvoo w/Conditlons
o Denied
o Continued to:
Originating Department:
EC~ Development
User Department:
Costs:
Economic Development
Funding Source:
o C~llolllmprD...emen\;
o Oper.allna:
o Other. N/A
Attachments:
Resolution 97-57
Advertised:
Date:
Submitted b .
Paper:
o Not Required
Affected Parties:
o NotUled
o Not Required
Appropriation Code
N/A
o None
Clly Manager
o prlnll--d on recycled papet'
.
'(J:~.~r~~:.".,l~~~jJ: ," ,..:,!:,.C.. 1'1......".... .......
RESOLUTION NO. 97-51
A RESOLUTION OF THE CITY OF CLEARWATER. FLORIDA, MAKING
FINDINGS; DESIGNATING A BROWNFIELD AREA WITHIN THE CITY OF
CLEARWATER FOR THE PURPOSE OF ENVIRONMENTAL
REHABILITATION AND ECONOMIC DEVELOPMENT; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the State of Florida has provided. in Ch. 97-277. Laws of Florida.
codified at Florida Statutes Sections 376.77-376.84. for the designation by resolution of
certain contiguous areas consisting of one or more Brownfiefds sites as IIBrownfieJds
Areas", and for the corresponding provision of environmental remediation and economic
development for such areas; and
WHEREAS, the City of Clearwater wishes to notify the Florida Department of
Environmental Protection of its decision to designate a Brownfield Area for rehabilitation
for purposes of Sections 376.77-376.84; and
WHEREAS, the City of Clearwater has previously designated a Brownfield Pilot
Project pursuant to the Environmental Protection Agency Brownfields Initiative, the
delineation of which is identical to the area proposed for designation under Sections
376.77-376.84; and
WHEREAS. although the designated area is identical to the EPA--designated
Brownfield Pilot Project, the City of Clearwater has additionally considered the criteria set
forth in Florida Statutes Section 376.80(2)(a)1.-4., namely, whether the proposed
Brownfield Area warrants economic development and has a reasonable potential for such
activities. whether the Area represents a reasonably focused approach and is not overly
large in geographic coverage, whether the Area has potential to interest the private sector
in participating in rehabilitation. and whether the Area contains sites or parts of sites
suitable for limited recreational open space, cultural, or historical preservation purposes;
and
WHEREAS. the procedures set forth in Florida Statutes Section 166.041 have
been followed, and proper notice has been provided in accordance with Florida Statutes
Sections 376.80(1) and 166.041(3)(c)2.; now, therefore, '
BE IT RESOLVED BY THE CITY COMMISSION OF THE
CIIT OF CLEARWATER, FLORIDA:
Section 1. The City Commission finds the preamble hereof to be true and correct.
Section 2. The area depicted on Exhibit A. attached hereto and incorporated
herein by reference, is hereby designated as a Brownfield Area for rehabilitation for the
purposes of Florida Statutes Sections 376.77-376.84. The City of Clearwater shall be the
entity responsible for Brownfield site rehabilitation pursuant to Florida Statutes Section
376.80(3). However, such designation shall not render the City of Clearwater liable for
costs of site rehablJitatlon or source removal, as those terms are defined in Florida
Resolution No. 87.87
'1
"I
t'
.
,.. .," ....,~.~~l.: .fCh..e,...'..H.........:.h...~__....~~...>~};C.,.,.,>~/~'.r:.."1.... '"~~<~.+..~ .. ;..' i. c ~ .
purposes of Florida Statutes Sections 376.77-376.84. The City of Clearwater shall be the
entity responsible for Brownfield site rehabilitation pursuant to Florida Statutes Section
376.80(3). However, such designation shall not render the City of Clearwater liable for
costs of site rehabilitation or source removal, as those tenns are defined in Florida
Statutes Section 376.79(14) and (15), or for any other costs, above and beyond those
costs attributable to the City's role as administrator of a Brownfields site rehabilitation
program and as a property owner within the designated Brownfield Area.
Section 3. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this
day of
,1997.
Rita Garvey
Mayor-Commissioner
Al?proved as to form:
Attest:
[esUe K. Dougall-Si
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
. J ,
. .
RnoluUon No. 87.a7
','
,
D
~~ ~'l~
~ d .---..
iii C
I.;: :-e j nlinl
= ~ ~ ~ . n l-rnOi
-rg {/~\y ."'~' ~~
~~~ I.~ ~ ~:~ ~ -r6
~ 'IP.A ~~, .~~ 'i . ,=,'~ ~ fg'~
.1 P!R f~ I~gg
.cs 'I IKi I niB I 1 ~ ~=='.=
II ( J l c: ~ J&8.D i rF"i1 /' g
A~ )- II 6i~~~ ~ ~ 8~1
, G!.~ GGS8 ~LH.JI.. ::: ~ ')II
~[ ~[JD~~~ .. ~ ~ ~ 1111
? n !lt~g~~p~L~ ~ ~ ~gg ~-.C:
I ~ ~IDr Ir ~O""" f-- 1--]1 Cl LII1{{~~ -:;; 0 ~ ~
r-" IIrIp PIN 0 i-- I-! Q IUM ~ I _ tl',lilll
'O.c;:J 0 ~ I is ~ I!.( ,.-,... lsr II '\. L..-I ,J'\ I~
\~ '- I~go~ ""J 11:"':" b ilV\(l!I", I EllIE ~ U
S~ 1~8L 'R~ I~ ~I <7_ ~ ~
~ ~ D8Ej~ ar~ l~ ·
(~~II ~~IW- ~~
.. . .~~.., .' .LlI 01 -.r I--
~~.,.- -
!I t-t\ r- CJ~-
)~~ If:;' ~ ~D~
~ ~o'~~) L,.OJ
l~:; Q" ~
BELL~IR ~~:l ijO
J ~ ~ ~t I~ II
# ~. ....
_/ /7i'~ ." J I
N
..J~
w ....a~e:
'1'
""""_ -
--
u
-A
(
_~/oIffU.
1\
1('
u
lln
~1I!Iil ~
llIWiItii
~\lIl
~I
'- 'I
II::; /I
[;::J
Ie-
,0;:
~
.
---. ~
=
~
.,=
( I
DO
o
<f1
IIi I
rJ;
l\,.'l
"'1.
III
'.,...
I>>
aT'I' or tI&t.I'I...... r1DlD4
DlGl/IIJ:RIJfO DEI' AlINIllT
--- --
CLI.UW.u..
.kOW"IlILDI j,kU.
..
"~I"'-~JW"
...
LEGAl DESCRIPTION: .
Begin at the intersection 01 the west right-at-way line on N, tort Harrison Avenue and the easterly extension of the
north right.ol-woy line 01 Sunset Point Rood; thence southerly along said west right-ol'woy Hne 01 rort Harrison
Avenue, 10 0 poinl of inlersecllon ..ilh the eoslerly line of Pinenes 1ro1; thence conl11ue southerly o\oog soid
easterly line 01 the Pinellas Tro~ to 0 point on the westery extension of the south right-ol.way Ine of Belleair Rood;
thence easterly along sold south right-aI-way line 01 BeHolr Rood to the east rlq,t-ol-way line 01 Lllssouri Avenue;
thence norther1y along said east right-aI-way line to the north right-at-way line or Orew Street: thence easterly along
said north right-aI-way line to the east right-aI-way line of Belly lone; thence northerly oloog said east right-or-way
line to the easterly extension 01 the north right-ol-woy line 01 Carol)'! Street; thence westerly along soia north
right-ai-way line and lis extension to Its intersection with the east right-or-way line 01 Overbrook Avenue: thence
northwesterly along said easterly r1ght-ol-way line to 0 point of intersection with the southerly right-aI-way line 01
Brook Rood; thence northwesterly to the point 01 intmection 01 the west right-or-way line 01 Washington Avenue
ond the north right-aI-way line 01 Stevenson Avenue; thence northwesterly oIong north right-ai-way line 01 Stevenson
Avenue to the north right-aI-way line 01 Sunset Point Rood: thence westerly along said north rI9M-oI'way line 01
Sunset Point Rood 10 the Point 01 Beginning, Together with all properties abutting this line. less and except tho$e
properties not in lhe city limits of Oeorwoter
<'
.. I.
.
eM 6.-b.
Clearwater CIty Commission
Agenda Cover Memorandum
Item II:
\d--
~
Meeting Date:
SUBJECT:
Establish a new Clearwater Brownfields Advisory Board
RECOMMENDA liON/MOTION:
Pass Ordinance #6204-97 on first reading establishing a Clearwater Brownfields Advisory Board
lEI and that the appropriate officials be authorIzed to execule same.
BACKGROUND:
Florida Statutes Section 376.80(4) requires that the City of Clearwater establish an advisory committee for the
purposes of improving public participation and receiving public comments on the rehabilitation and
redevelopment of the Brownfields Area, future land use, local employment opportunities, community safety,
and environmental justice. The Clearwater Brownfields Advisory Board must review and provide
recommendations to the City Commission regarding site rehabilitation agreements.
. The board shall consist of nine members. The City Commission shall appoint the members of the board as
follows: three shall be residents within or adjacent to the Brownfield Area, three shall be owners of businesses
operating in the proposed area and need not be residents of the city, and three shall be representatives of
federal or state agencies or local governments involved with the Brownfields remediation process within
Pinellas County and need not be residents of the city.
Additionally, this board will serve to implement the public participation elements outlined in the Federal
Brownfields Economic Redevelopment Initiative Workplan.
Reviewed by: Originating Department: Costs: Commission Action:
Legal -5 City Manager .(). o Approved
Budget N/.... Tolal o Approved wfConditions
Purchasing NIA User Department: .(). o Denied
Risk Mgmt. N/A City Manager Current Fiscal Year o Continued to:
IS N/A funding Source:
ACM o c.p1t~llmprovrmtnl:
Other Advertised: 0 Optr~lfng:
Date: 0 Othtr: Attachments:
Paper: Ordinance 1# 6204-97
Submitted by: 0 Not Required Appropriation Code
Affected Parties:
0 Nollfled o None
City Manager 0 Not Required
r
.'
;
I
I,'
ORDINANCE NO. 6204-97
AN ORDINANCE OF THE CITY OF CLEARWATER.
FLORIDA CREATING SECTIONS 2.241 THROUGH 2.246,
CODE OF ORDINANCES; ESTABLISHING A
BROWNFIELDS ADVISORY BOARD; PROVIDING FOR ITS
DUTIES AND THE QUALIFICATIONS OF ITS MEMBERS;
PROVIDING FOR ELECTION OF OFFICERS,
ESTABLISHMENT OF COMMITTEES. AND MEETINGS;
PROVIDING FOR A STAFF LIAISON AND BOARD
REPORTER; PROVIDING FOR REMOVAL OF MEMBERS;
AMENDING SECTION 2.063, CODE. OF ORDINANCES. TO
EXEMPT CERTAIN MEMBERS OF THE BROWNFIELDS
ADVISORY BOARD FROM THE RESIDENCY
REQUIREMENTS THEREIN; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City of Clearwater has by Resolution designated a Brownfield
area within the City for the purpose of environmental remediation and economic
development, and pursuant to Florida Statutes Section 376.80(4) it is necessary that the
City of Clearwater establish an advisory committee for the purpose of improving public
participation and receiving public comments on rehabilitation and redevelopment of the
Brownfield area. future land use, local employment opportunities, community safety. and
environmental justice, and said committee must review and provide recommendations to
the City Commission regarding proposed site rehabilitation agreements; now. therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA:
Section 1. Sections 2.241 through 2.246, Code of Ordinances, are created to
read:
Sec.2.241 Creation; membership.
(1) There is hereby created the brownfields advisory board of
the City of Clearwater.
(2) The board shall consist of nine members. The city
commission shall appoint the members of the board as
follows: three shall be residents within or adjacent to the
Brownfield Area. three shall be owners of businesses
operating within the proposed area and need not be residents
of the city, and three shall be representatives of federal or
state agencies or local governments involved with the
Brownfields remediation process within Pinellas County and
need not be residents of the city.
Ordinance No. 6204.97
~~~t....,4i.J,,*';':";'r-t ~,;'Sl ~~,,~. ..,....
.',. '~<.,., .\ "...
t'
. ~,.-., ~ ~ ~ \ ", } . I
~
(3) Appointments shall be for four-year termst except that
shorter initial terms shall be established by the city
commission to provide staggered expiration dates. A member
may be,appointed for not more than two consecutive terms.
Sec. 2.242 Purpose and Duties.
(1) Purpose. The brownfields advisory board is established
for the purpose of improving public participation and receiving
public comments on rehabilitation and redevelopment of
areas designated by the City Commission as Brownfield
Areas, future land use, local employment opportunities,
community safety, and environmental justice.
(2) Duties'. The board shall receive public comments on the
topics set forth in subsection (1) above and shall review and
provide recommendations to the city commission regarding
proposed site rehabilitation agreements for sites located in the
Brownfield Area(s).
Sec. 2.243 Officers; Committees.
The board shall annually elect a chairperson and vice-
chairperson from among its members as well as any other
offi,cers deemed necessary for its function. All officers shall
be elected for one-year terms and shall be eligible for re-
election. The board may establish committees for the
purpose of advising and reporting to the board, including a
technical advisory committee which may inclu~e members
who are not members of the board such as scientific and
environmental experts.
Sec. 2.244 Meetings.
The board shall be required to hold at least six meetings each
year and may meet more frequently. All meetings shall be
public.
" '
Sec. 2.245 Staff liaison; Board reporter.
The city manager shall designate a city employee to serve as
staff liaison for the board and to assist the board in the
perfonnance of its duties. A board reporter shall provide
minutes services to the board.
Sec. 2.246. Removal.
(1) The city commission shall have the authority to remove
any member of the board for misconduct or neglect of duty.
Ordinance No. 6204.97
'."~lU"'~J;'Su..(~,~IF:!',~,.'t:(~~'ii":}!.'o:...~:a.li.,..oi..~lr... ~".. ...
'."'0.+_,,,...
. ..;. ~, ~. P., "..... . '",
t'
'", 'i". . . 'c "" '> ,...:,,~, t':" .'
. '~-, ,4 ~ ~ '. '. .' I
,
(2) The city manager shall have the authority to remove any
member of the board for excessive absence as defined in
section 2.066.
Section 2. Section 2.063, Code of Ordinances, is amended to read:
Sec. 2.063 Qualifications and appolnbnent of members.
In addition to other qualifications which may be specified for
board membership, a person appointed to a board shall be a
resident of the city at the time of appointment and shall
maintain 'residency within the city during the tenn of the
appointment as a condition of eligibility to hold office. No
employee of the city shall be appointed to membership on a
board of the city., As exceptions to the requirements of this
section:
.*.*
, (9) The Brownfields Advisory Board shall be appointed as
, provided in Section 2.241.
Section 3. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Rita Garvey
Approved as to fann:
Attest:
Cynthia E. Goudeau
City Clerk
OrdlnarICl! /la, 6204.91
"
'Hf\<'i!,L;~\,'il~h~;W:.'""'''';''''''''''''''' ,
"'>41.... It~
. ..,~..... .....+~IJ...........III! ...:., .......r.~........6 1,,\5 ~I-- ... ............~......"....~'"'...~-~.. ._~ ---, ... ~
--
I'
,
" ~"" :, J. ' .' ~: ' " "/ """.:." ': ~ -', /-:'~~',;:",' ';J~' /' '"
.'.: "
Re.
" +ld-
~;~'~",,:., J'~~: ~~:,,~.;' /': "0,", \~~>" ~~.'"j:r, ::~,~ ,,~,",)'::;':' ~ .i,i~ ."~ ,,},~. ~',. ,)~:..., '~.. oW
~~. ~. ,~'." .<#r' ;). /I :,.".J'J' .~ r:...........,: -/', ""/~~~r,,,L-- ..'~ > \ -'lj l~1.i'
lJ.~/ loJl~: .>'. . ,. . :~~.~ ;~~. ",' ,~.:. . .~. {~~' l"~ ~4.~t t ..~;.;' .~~~r."
.J', L E9~tfo~J9.Reyel,PPW~~J.~tta~egy~. 3, ;; . ~~~('
. :~~,' :~t..~};~:' '.':' ~. :, '<}';~:':':~~'~'~:'~~'<:'.)'. ~:.:!.~: ,;'~" : ;, . .,:.' , .i.~', :~:F?~ . ,+;;
"\i~'r '. Provide an 'integrated ~e~ivery system for'
""", { ,,!, I, re~evelopment that c9mbines competence
/t .~; and innovation with responsive regulation.
" '! ,t:
S~:1 ,:~
.. '~;... t~ ~t.
. ~ ,
: '. . I
, 1;' i
t'~' I"".
~ .
~)"'.; "~:
/"~:r" .:J ~
'" " , :
~ ' ,.'>l
,t I .1...1'
1\ o{'. '"
:')ih ~,~..: ,.' , .' ,.,.
.",::'.l.!.""" , . . /
~~, ,"",'
f'
t). .
g.
:~
. ~
'. ,
, ,I
, ;'~
to
· "5 ' , .~': "~'rY ~,~ J
"..., ," _~:.:;,.~'.:.~,~::~.ilJ' ~ . ";..'~ 'F"~of'. l- f""
.~ 'ij "'r.: ....... T., . . .. ;r:~ ,loll ~~ltf ~~
. J,
'. c~
"." ".
. ~;;' ~ ~~\~.:i ~~~:. 1~'1.
-".., C~... ~
..' .
. "c: '
I
~~(I'R;fj~~}.\Wr, . ..('~~'~..:;~J:~ ~~.~ 1<<~'''''~dl''I..I'''~'~'''*''''''' ".
..........,........._.._r.
. ~~~../t../l.lO"l\~... "_ ....,\,.....(... . .
I ~ 1 j .-1'"".r: .
--....-
y
i
11" .
i '
,..
"
" . .
. <.:
+',' . ~"t ;:. .'1<:- Ij~'
c~ . I C
.;.' "', .)'
~ . .. ,.'
l'" ,
I
f' ..: ,
~ .', ';. . i.~ ...
.' ~
.: ".:/~:/>
L'r'" '.""Jh..
.~ .
.' .
,~"'. ....- .. ~ .~' ;.'
. t' ~'.
,. <
:'\ ,. .I..~ '. + J j
..' l~: <.,::'-~'~ , ','~.
,~'j
,.'
';"u-" "
~ ;.i
.~
,''?,..
. ,
". ':~1'...,f ~,. r ,,1' 'lI1Ij _,. ;' ~ .',., ...), ~'. ~.I ~.,. 'I'
. "" i~~~ . ~ ,"" ";\:~~"':~~,;1.'" :'~" '.' :. ", ~"':;.Ji .I~~.. \" .,..... ,,::,,,,~' it'
",' .'.:',.[1";':.._' ...,:... ..." .... . . ......'..~ .,..:,' . ,;;/ ~ ,~... , ,., ..,~ ,''''1
t . . I _ ,". ,. ~ .' ~ .;-:: ~~.q>,,', < .' . : ..;'.,'T >,J:..[. _~:,""-q
.'
, ~ :j"1 Clearwaterts: Brownfields Pilot Project- "
:;.,.J.Jli Ecoi1(~mic, Community and Environmental'
ij :;'~. Redevelopment Partnership
;:, jl q
. ct
.. ,~.
.' ... ' .,
, .....:J '.. . ~.':." ... ~ -',. ;.:1 - .,~ ~.r . . ~.~~>,; . ~ .(r., ..r ,: .,.:~~1 . ... .....#. .
1 ~'lr ~~. .' . ..~"iI." .; ,-' . . ..' . ~". ' '," '. r. '1"
.~ ~Ji> ~t : '"'I' ~.?' rc . ........, . 'It,. ,," j,
~"" . ' ,I . ~. \' . ."', Prepared for Clearwater CitY CommissionT~i ' , ,." ~~.
~;,'C~!f:~:"t;;;,.<>:) \,''';~';:''~?):;;; ~~:.r~ ~!:~~;? },c, ;l~;~ . :~~:"'~' ;
.t'" ~,~.~< ., J' _. : "ft"t" /,.... I . t: ~c 'l' ~~T" ..,'~. :: I J ................r...-.
:';t'r~'~--~'~::'_: :~,_..... ";"'~~-"~_._~'_H:~:; _.. ._. ~. :.:.:~....._-,.., , '" , :: ..'n., ,. .:. ,,~~"".. "'"..:..;. ~
tl....1i".,.""....,t .~b>'" 'f' ~~', ; "';"O~'" ,......,~.. 4~; ;.,.~. 'r,~ \ ,.~~.~ 1/ >>#'... \ ,~.... \ > ~....
> ~ .'Y1{.~U" "'r--. '.\..) >" c....~/;r ,...1(\ t. ~ ' l,. . ~- ~:v' .,1..,11 ;1-= .~. ';'., ~,f .' ."
.y:.~r...~.,'::/>#<:..,_/<"""~,.. ,~/. "fr.~ '...+:t"" ":1 .'....... ....:";'~. ~}...: -r....;:~,. r' c" I ~"'~~ j(~...' .f
"ll;.J:lrA"': ..'. '\ "",~",,',' - '^. r,," ". "'~\~1' . > .
.. ~~~I:~" f.\., , '~.:"" I"""" ~'. ~~.'" " ,*"Il'~c r~'.... ~...
'" .
,.
I,.
Good afternoon Mayor and Commissioners. it is my pleasure to update
you on the Clearwater Brownfields initiative. I am very exited about the
overall benefits this program is providing to Clearwater.
The ultimate measure of success for this program will be the
realization of these benefits by stakeholders from the Economic.
Community and Environmental Interests within Clearwater. The
success of this program relies on a strong partnership between these
stakeholders. .
2
~~"-,;""",,,~',,"""~,":,,"""'4_;""-"""':-""'''. :......t"'-...-.........._.....t." .. ...:;' .n._. : .
.:.........."...................tJ"t...........I.,...j}.h:;....~ .=d'< ~~ .:.::.<,..~.:.:.>hi;:.!l:.~]o , . ,,~,:
r
. . ~: " "' ~ "
t' '. l . . ,I ~ :':.
. '. "l; I:
... r .' . 1'~>I '. .. Jj:, ,
.~ ~ "
"~ ,:" Who Benet1ts;From:J3-rowrifields,',"': '"
. ,; ~,~~developi11~~!?'" .
t' f '
j.... ._.. _..1 ". .....
~ ~ .. t
~.i'.'~ .The Economy
" '
" ,
" I
. :'''i
:' I
. " .
i "
"1 '..
, >~~~.
.....j. ..
.The Community
~'+i t:
I,
f; .The Environment
;. 1 ,
~~ ?j .
, 'i ::'1
.' :j";
';,. ..
,Ci~.:{..'~::',:,~" '
ill -. ......
",
'.. . .
~ .~. .
.~~;~ ~'+:':'
" .
.' . +
. ~I"~~' ..: ;~i ,?"I,:"
.'
. .'s . ~ ,'; ~ .
. "..... ~.. I,t' ;.'.
Now I will briefly describe the more obvious benefits to the primary
stakeholders.
Economy
Currently I the benefits to stimulate the the Economy include: Federal
Tax Credits for the redevelopment of contaminated properties. Tax
credits for job creation resulting from this redevelopment and the
removal of uncertainty and liability usually associated with
contamination. This liability limitation was recently enabled by state
legislation. Additional redevelopment incentives are also provided by
State and Federal grant programs.
Community
The benefits to the community include job training and employment
resulting from the redevelopment of Brownfield sites and the removal ,
of contamination from sites within and adjacent to neighborhoods in
the area.
Environment
The most obvious benefits to the environment is the removal of
contamination. Additional environmental benefits will result from
,improved stormwater treatment increased landscaping as well as
pollution prevention efforts provided by sustainable redevelopment.
Federal resources will also be sought to deal with a number of
additional environmental issues.
3
,
J'
."' ..' ".
,j. ';:'
.........J <"
.Jr
. ...:, '
t=' .~
, ..!
'.
" .
. . ,~,
. .~. " .
I'
"
c'. "
" ,~h
. '~ . ;' We're ~ovii1g :,.':.:'
:~ ~~':~ ,~....: : .\.~ "~~I .~.~ :I- ">;.'.,, ,"'
.- _ ~ f,,' ~-It . . .,.
.:j i ,'. . '. . , '" .. ". ." .' <
';",;. t ~ . Increased Federal Interest
'I '
, i:,. Increased Developer Interest
..., ~, ,.
:'0:1 : - Community Outreach
. ,',;, :,: . Forging Partnerships
,,:,l,) ,.; . Links to Other Programs
'"Jt ,It.; . .
"i " · State Brownfields Project Meeting
;",,:1) ,
~:J1 1
":~ /1
.": j""
'. '.:',~!' o'~, _,
~;:,:::'\y ;,I~ ~ fa'<
. -,
, '
I ~ ,..' , .\
',0
(
.. ~I .
1"
,0' f " ,.
",';'y;~~,:"
:...t
~ , ,~",' . .
, " ~',::l\.J ,~':"
~" ",j', c ,c'
..' '~:~~ ~l! ...\..'
-, ,
The Clearwater Economic Development Team has many initiatives
running concurrently to Move Our Brownfield Project Forward.
This multifaceted approach includes intensive communication with
many of the Federal Agencies inch..;ded in the Brownfields National
,Partnership Action Agenda. We have contacted partners including the
'EPA, Army Corps of Engineers, Economic Development Administration,
Veterans Health Administration, HUD, DOT and others. The Team
will continue to open dialogs with each of the 16 Federal Partners and
other Federal Agencies to maximize opportunities for Federal
assistance to Clearwater. Currently the US Army Corp and the VHA
have expressed interested in Clearwater as a future I location for
Brownfield Demonstration Projects.
The Team has also experienced increased interest in Brownfield Sites
by developers. We have given tours of Brownfield sites to several
developers including companies that specialize in Brownfield Cleanup &
Redevelopment, Three additional tours are secluded in the near
future. The State and Federal Tax incentives associated with
redevelopment of Brownfields will continue to peak the interest of
developers.
.,
___._mm I
r-,
.;" ',~. ~: ..
-, ~ .t . .c" . .
~ .' :. " h. .' ~..
I'
.
..t./."":>;:
. ,.
. > r ::" '.:".:'~.'~' ',~:\ " \ ..
. ~',lc,~,. '. ... >
::', r'" "'; .'
" I
".
,
..'.r t'
,'" . t.
. ""I,(~ ~ri ,.,T~.'
c',ed =;" .... ..... . .... .
.0"'''1' r
'''J 'j-!
, 'j,
! i
, i '
,rtf "J
......,. . .
".I, .
"'1 ~':
.. "j It i."
'1.('1 .!.
. . .~ Ie ~ . '.:.
'!-/ ..
.f,'.,.l;.'
';1 ,,)
,'I,'. "
: " it "~ . ' . ,
,",,, . , r ' , .
:;.;~: ~.! ,'.. '
;.rl~} 1.
.)~ ,y~
..' . "I" . ~.,' ~
, . ,
,'",\1' L, . . ,
,f;j . ,'",~' .;." -
.~..-.\....~.t/~.:..'~" J.."
i:Io J 41 ..... .
,"^ I~ . .{ ," . c .
,.~ ,t<.; 4.
',i'"
',:: .'
j;, . H~+ . .~...
.~ /i":.'
, '.
, "
.. ;-.....
. ~ ;';' .~::: ~, ,~ .~
. ~ ~ .
1-,: :.
..,..... J
r . ~..-'
.~. '\', ~.
. . c . l'} ,.~Jl T .~~.-
,,, :... : ~"J < .
"'. I
. . .. . .-
:.. .
I, .,: "~. ~t'. ~.. ~
....' '. ::!;":~: t~', ,~. .,
., .
" ,.. ".\ ,
,
,..... I
~
,:!
: l .~
. .. ~,'" ,
. :';~~. ;~':~. '-."
; ,,1" ~ ... ..~ i
> ~.., _, ~~~%,. ;~'. 1
'.t "~j!:; '".-
<-".:'.-1-\! ~..
The team has demonstrated its commitment to the community by
providing presentations to the management of Foundation Village
Neighborhood community Center and the North Greenwood Community
Family Center. We continue to open dialogs with citizens from the
neighborhoods within the area about potential redevelopment
opportunities. Community outreach will furthered with a series of
Public meetings. The next of which is sceduled on October 28 at 6:30
PM at the Martin Luther King Center. The selection of Community
Members for the Clearwater Brownfields Advisory Board will also
insure community involvement in the Redevelopment Process
The Team is forging as many mutually beneficial partnerships as
possible. A few examples include- Presentations and information
exchanges to local Realtors to encourage the identification and and
marketing of Clearwater Sites. Local lenders have also been invited to
participate in a guaranteed loan clean up loan program. The
International City Managers Association has offered to partner with
Clearwater in an Environmental Justice Program. The Suncoast
Manufacturing Technology Center is willing to assist new industry in
. pollution p'revention measures in our Area.
5
,
.'
,
! ::
. .,' ',....,
. '. /':' ~~~" ~t, '.' '.
"I:l/~': -: .: "
:' p" .
. .
t'. ,
".}':,I" ','
, ~
.. reI .:
,
. ,
'1'. "
. i:'"/
.,.
:.:(.J" ,.,
..tl
..Olr;...-.... '"
~~~ ~ ;c.
,-jl:... '
, ,
--,;.,
~ . j. ~.
:~ j ''';c .'.:1
. .
::~"f '.' '- ."
"fIo _ t'~
" '
,
./:: ,~.. ~ Pr...
: ~ h .:...~o'i.~. ~.
.' 1
. ,~, . , ...
, '/
cf' .':1
:.~~ ~ t. >~
. ';1 '
, ~ "
..t..,. '. .
, ,
f . > t ~.i;
~ :"t r:, "
",f,:j I '
..',....J' n '
~~i::b'; .
"{ :
I 1
;
"
'. .
.'. ::.
~ "'I.~ t ~ ,!
..i ~4 '. ,
':.,,'., .
~ ~..':.t; c
. 'J '
r .t.
o ~f I" .
" '1 '
"i~:;!.~'.:f~.N'.' J
". f 'lk J ," 'L..
.- ,;.,.-+ ,...
;I~~.~\, :~\j" :~ ~
::..:.:.~~i ~ ~.
~ '
",:~: .~{ ;~' . "
The Environmental Policy. Economic.Development and philosophy
Departments of USF are also partnering with Clearwater for Economic
Development Research. Job Training Programs and Environmental
Justice guidance. This partnership provides a vital link for the
Clearwater project with resources provided by a center for excellence.
The Team realizes that many issues associated with the Brownfields
Program also overlap with other Federal, State and Local programs.
We intend to coordinate with these programs including Weed and
Seed, WAGES, Sustainable Redevelopment and various other
Economic Development initiatives to allow for a mutually beneficial
cooperation without duplication.
The City of Clearwater continues to demonstrate our Leadership role
in the Brownfields Initiative by Sponsoring and planning the First
Annual Brownfields Project Meeting to be held at the Harborview
Center on November 3rd & 4th.
This meeting is in cooperation with FDEP and the Governor's Office
of Tourism Trade and Economic Development and will bring over 200
Brownfield Stakeholders from around the state and EPA region 4 to
Clearwater.
6
'J
l'
\c-:" .
. >, +" '.
~.
, !:~.
I, '
: ~' '.~
> ": ," Steps to Take'Now
. If~-
. J ~;. ....\.
.':" . ..i ,.
. '
.. ... ".'
.... ",
,
. 'f C'~ 1
j.. "
, ..
. .) ,
.~ :
,
. State Designation of Area by Resolution
. Approve Environmental Contractors
. Establish Brownfields Advisory Board
. Approve State Work Plan
" ,
.,
, '
, \
~, ~
,~. ~ . .
"'1 "
''+j ':"
, '.
.. '! . ,:
-t'.' .
. r "
. ;(...~
;, .', ..',
".j ~.,:
. . ~ I ~
" '
"
,
'" i '
,':.1 ":
~ /' .
,.,..j ,"
. ,'j '"
I '
" "(:'. '
i:r'..'y "
'.1'0 "i J,!t. . j r ~.
" "r"
. /- ~ ~,~, ,; .." >..'
:.. "'..:.i'.;t. ~.... '
! .
( .
~ .tIt"'! .
l '!t 'li.
~ .' . ~ '.~.~' l,.. '1
I,
What are the next steps to take?
First we need to approve the State Brownfield Designated Area by
'resolution. This designation mirrors the EPA designated area and will
enable the City to concentrate State and Federal redevelopment Tax
Credits within the Area. The designation will also allow the Economic
Development Team to provide additional incentives including;
Environmental Site Assessments, Clean Up Funding and the partial
payment of Impact fees to the area.
Secondly, We need to approve the six selected Environmental
Consulting Firms (Malcolm Pirnie, IT Corp., Dames& Moore, PBSJ,
Westinghouse, Geraghty& Miller) to provide Environmental Audit, Risk
Assessment and remedial Services for the City and for recipients of City
incentives.
ThirdlYI Approval of the Clearwater Brownfield Advisory Board is
required by State law. This board will consist of three residents from
, the CBA, three business owners from within the Area and three
representatives from Federal, State or Local Agencies involved in the
Brownfield Process. These board members will be selected by you the
Commission and will provide a vital forum for the partnership we
discussed earlier.
i
~.,~~~"'.....,.-:.(~~...~.,..: ,~.... ~. 'nO ......-+...~... .............~ .. l ~.~......... ~~ 'p",' ....-h-......--r~. ."
'.>~"~'II"":<.~~_..;...~..,~"".~,> ,,~\.q-\-.I.""-'l';;~L~'~""'~.L-.'I""~;""'\M~"(oI~~':~ c '..
7
.. ..'.: ".,;i: ' ,.
'., ",..
~~~.t-iot~..'It"I:~':'.' '".
I'
" . .'
....r;.\..;> </.... :. .' 1 ,.t"
c. "
. .
f!'
"
:rl/
.t. '
I', '.;
.~; : State W ork-'pian CO,mponehts
. :
"j ~! ~ ,,"
'. .' . " .'~
.
i..'
,.~j "
\\l '~ :
.il
, i
':.., !
.; .~
,:. '(
( -.J..".
.,.+ :!,;"
,.,
.,.,..,j..;:~'.~"'"
,
, .
._,~.
. $500,000 State Brownfields Redevelopment Grants
. Supports objectives in the Federal Work Plan
. $100,000 to complete Environmental Assessments
,-,. . $100,000 to provide incentives as outlined in the State
Brownfields Legislation
. $200,000 for guaranteed remediation loan program
. $100,000 to provide Data CollectionlResearch Fund
",,) >.
"j' '
"<',- \
".1 : ..~
~ .I ~ '.'
'..
'.-....1.,.;
. -~ .
.".' 'j ,
" ,,,~ .;'
-' I ,.'.
I .'
~ ~. LJ
~. ~"" ..
. -; ".,~ ~, ~'. ~
~tl.~~,,t,.}. I..p'i
, >!,; '~:.":,""
~ "
.f ' ,I '.t >" .
. . ~ ~'.. 4. ,,:- j '-:....,
.. '
~. . ;.;!
.' ! ",.l ...~~ .~n
Additionally, we need to approve the State Brownfield redevelopment
Work Plan This workplace plan outlines the intended uses of the
$500,000 of State Grant funding.
100,000- is earmarked for providing Phase I and Phase II's
Environmental assessments. Through Grants and matching funds..
100,000- will be allocated to implement brownfield redevelopment
economic incentives including ( partial payment of impact fees and
other incentives as listed in the Brownfields Legislation. . These
incentives are offered to assist in making contaminated site
development competitive with clean site or Greenfield development.
200,000.' will be utilized to provide much needed clean up resources by
offering a guaranteed loan fund for remediation through local lending
institutions. This guaranteed will leverage limited clean up dollars and
may provide more than $100,000,000 in remedial funding for the CBA.
The eligibility criteria for these incentives includes job creation and will
link the redevelopment of Brownfield sites with Job training and
Employment for residents of the CBA.
..." -"'I '1,^~.~J._io'p"'i "'''''UI''1 ~';p._...;u.r,-,,'~+-...... ",....J.................._~.""M.4..........~i....L...('>........."..~....~~.. .........f.. "'. . ...
. 0.._ +, .Ir.h.....,
. ~f . '1'" . I
8
.... '. .. , I ~. ; I '~
....
j'
,
j'" :';'" ",,- :. :"':".~",~<":::.~,;.,'.>:.~.,..;:::;;,::,,,::-;:~,<':il<. ><,<~/ .
.' .
~_ :-,. _. . <~..~; ,- J ~. ; > . ~ . .. )1lJ' ::.~. ..:': . ~_.
_ '. ... ,.~~..tf~.I~,l~'."" .'~
','i.. ~.: . ):~, ':IJ"" "; .:...... ,.+
,'.~~ ,.'t .." .~--,.,,:,~:'ifX!
. ~.' J ' i . . "", .
. '::~~..: ~1'. ~: .','n \:".", ," ",':t :~..'::':;':,,'
:'''::~1':~';
I ! ~(
.:,Vr~1
.', <,.'~:\:':,';':"" .,
..... .~.... ~
~:",I;' "'.'
;:1,";,.'.;:" '..
.',
-oj.. .~.
;. '.' '.~ c. :, ~
,.:' ',.;:> ..:::t':it . ';'
'"
. ~ I .
'- . . .
~ '.1, .~c "'~. ..~ '"
-~j ~,,;r .
.7,
'; ,.
~ , .
.....yl ,:
'~l-J:)
+' ., ".
, I
:.j. :f~', .'
.":,...;.. I" .
. "".l~ ~.j
':'"1:-;"; ,
~rj j i.".
~:~!,"i' :.,i ".
. ;. '.:..iJ
,.~ 1, .
. 0':.:"1. ~I .
.' '., < ~. +1 . ~
>~i:~'::, .
. ..i.~1 ,,'\>,.:~ . /
'~~,.""J'~t'f '.:.-..,.
. ,.
" ,
. ,
. ~';:~
~'~ ~
.l.".
J "
.'
, '.. .!'-~ ,> ,.' '
..' ;, l ~ ....-:. II'"
t' " ,; \t 1<'
, ,
" ." ~ . . ;':..' >::;:" ':~,;~<
,,,...:f ' ~ .'
, ~;'.'~'^ j; ": ' I
. ,.. , '1~' 1 .
100,000- will be utilized to conduct research and data collection
including a complete economic development market study.
. Additionally the funding will continue ongoing cost benefit research
perfonned by the USF Center for Economic Management Research
and will also be used to research other potential grants and funding
opportunities availability to the project.
Your approval of these in initiatives is essential to the continued
progress and success of this project. This concludes my presentation.
I am available to answer any questions.
,.
. .
'. i
. ,
...
. ~.
9
. "
...
.'
'. '.,
",~.; :': ;,: Yi"({;:J,:;~: ~'~':::\~;::!:~{<';.,V~;:': !~~ :?t:~~;:~f-:{~:'~::V~'~>- ,;. '(,<\'; ~t>~;::.:-::'~:~'~.'/~;~::~;, ': "
Item #13
I'
I ::I~'~
..
,
,~'
" ,
(": ~ "
f.:., I.'.
,5J \. ~', 'I
. .
'.' ~;"
t'J ~ r-(
~ ",'
, .
. 'tf"
,"."
':'1' .
., ."
~. .."
i;
'.
",
'/
,'\ .
.,.:. "
:.0>
). .>.
h' ,
",
.~~
~ ~ "
\:~:: ,to
liC','
-I ~ ;
:'.'
:f-: h
" ,
irn~/-"..~l1f'1..it-,"rJ\\,.... ~.."'r. "";1:";0;' \'~'1: ok i1i:jo~ "H:~.t j.1~'':. ,~,,~~~~~..~~--...::.......... l:
. ...----....~W...~~J...............~"......~...,'".. ,
>.........-.....~.
.~.c
..
r, .,;\ ,; '.'
~
~:;': )::;:,\;>:,;);1% tW:;:~l~~:i';-';n~!":<:,;:::" i:-~/:i :t:",'c::.: :....: ...:" ','
(3
c.R-r -1'_
. r
lo.I~.9lJ
u.. c~l~i~"""'~~, :
o ~:' ~..~; :).l(~b t
~\f~, ;ti; @Irwa er
_ ~~.:.Y': ....t:",P:
U
Interoffice Correspondence Sheet
From:
Mayor and Commissioners
Cyndle Goudeau, City Clerk@
Michael J. Roberto, City Manager; Pamela K. Akin, City Attorney; Jeff
Kronschabl, Community Response Team
To:
CC:
Date: October 8, 1997
RE: 'Public Nuisance Public Hearing
This hearing will be a quasi-judicial hearing. The City Attorney will be walking
you through the process at Monday's Work Session. All evidence and testimony will be
presented at Thursday's meeting.
"
t':-
~"'(LVi~~~'7::';, . u: -'-.~r":--""'''~~~'!II!t;,;u...n~;.i\'ij,lt\;.l~.ti_i~fJ~l1~'.\~-iJ~~:~jll~~~.t'~P.~~'l.i:~~i'~"r.:>".t',~.:.:~:il.t~t,tw~~"'.'.:, .c.. '.;.: n ~ i .'. ..... ~ .~.I.'\ ,./ ,~'it.:(~:L:.~:.. t ',~j"J 1" ~~:;~. .
'1;'\110. . .' ..' .. , . _ ..u '. j . . I..:r.. . ..IB:oti-. '.-. .IL __
r
,. .
I~
,0.
. I{ ',.
r
Q.
~.~.... ,~
,.
,
.~' ~
"
. ...,. .I~~,r. .". .........c,......._. ,.,.. ,~~,........,..-. ", ~,
MEMORANDUM
TO:
Honorable Mayor and City Commissioners
Pamela K. Akin , {1t Attorney
FROM:
RE:
Hearing To Determine Existence of Public Nuisance Conditions
at 1970 Rainbow Drive (Owner: Viorel Caba)
DATE:
October 9. 1997
Pursuant to Sec. 20.08. Code of Ordinances, the City Manager submitted a report
requesting that you hold a public hearing concerning the nuisance condition at 1970
Rainbow Drive. The property is owned by Viorel Caba and is a single-family residence.
Pursuant to Sec. 20.08(3). the Commission has scheduled a public hearing to determine
whether a nuisance exists. To make that determination the Commission must apply the
definition in Sec. 20.01 and the standards contained in Sec. 20.03. Code of Ordinances.
Those sections are attached.
The Code does not outline the exact procedure to be followed' at the public hearing. I
recommend the following procedure:
1. Staff will present the underlying facts and evidence concerning the condition and
use ofthe property.
2. The Commission asks questions of staff. Mr. Caba may ask questions of staff.
3. The Commission may take testimony from the public concerning the nuisance
conditions of the property.
4. Mr. Caba may present evidence and testimony.
5. The Commission asks questions of Mr. Caba.
6. Staff will have an opportunity to sum up.
7. Summation by Mr. Caba
8. Discussion by Commission of action to be taken.
'(.t\.tal.~_""""''''''L' : . c ,,_. ,........ r~____.\.....__...........~"-fi.f"io';.JW....I.......'t .~l. r " M......wl............"""..."'"..........~...... '0' <".. - ..
.........-.u "uu," . >. ,'. ..... ..' . ~j' ..... '. . 0'" ..1..:.... ,...... ""
" "J,
~, ". '. ~. , '. .,' .~.
~
, ,
o
~
..
~
.'
" '
_' ' . ....~ ~ ..,. '" ......~".. ".oc}- ...,." ., '..... . . '" ..." "4~"""'>f. ,..- .~~ i ~ ,. T: .,...
. C>.' ... >. .... . >" ~. _ .
"
Everyone testifying should be sworn in by the Clerk. After hearing the testimony. the
Commission must detennine whether a nuisance exists by applying the definition of
nuisance and the standards contained in the Code.
If the Commission detennines that a nuisance exists. the Commission may consider
entering into an agreement with Mr. Caba which would require him to take certain
measures to abate the nuisance. The agreement shall include the measures to be taken
and the time period in which they must be completed. If agreement cannot be reached or
if the agreement is not followed, the Commission may request the State Attorney or State
Attorney General to seek judicial relief, or the City Commission may direct the City
Attorney to seek relief judicial relief for the abatement of the nuisance.
In the event the Commission detennines that a nuisance exists pursuant to the standards
contained in the Code. I recommend that the Commission direct me to file a complaint for
abatement of the nuisance in circuit court.
PKA:jmp
Copy to:
Michael J. Roberto, City Manager '
2
..J _
~
NUISANCES
A 20.03
ARTICLE I. IN GENERAL
6(~
Sec. 20.01. Definitions.
The following words. tenns and phrases, when
used in this chapter, shall have the meanings as.
cribed to them in this section, except where the
context clearly indicates a different meaning:
Board means the city municipal code enforce.
ment board which was created by section 2.212.
Nuisance means that conduct defined in F.S. S
823.05. that conduct specified in this chapter and:
(1) Any continuing condition or use of prem-
ises or of building exteriors or orland which
causes substantial diminution of the value
of property in the vicinity of such condition
or use;
(2) Any continuing condition or use of premo
ises, building exteriors or land which un.
reasonably annoys, iI\ju.res or endangers the
comfort, health, repose, privacy or safety of
the pubUc through offensive odors; noises;
substances; smoke; ashes; soot; dust; gas
fumesj chemical diffusion; smog; flooding;
disturbance and vibrations of earth, air, or
structuresj emanations; light; sights; entry
on acljoining property by persons or vehi.
clesj or
(3) Other unreasonable intrusions upon the
free use and comfortable enjoyment of the
property of the citizens of the city.
Premises means the land and all structures and
articles appurtenant or attached thereto which are
owned, leased, occupied or controlled by a person.
Vehicle means" any automobile, motorcycle,
truck. motorized van, recreation vehicle, bicycle,
or any other device on or in which any person or
property is or may be transported upon a highway,
except devices used exclusively on stationary rails
or track!l.
(Code 1980, fi 95.20)
Croa rcrercD~-DermiUona and rulca oCcol1.!ltrutUon gun.
erally, 11.02.
w
Sec. 20.02. Purpose of chapter.
The purpose or this chapter is to protect the
comfort, health, repose, safety and general wel.
Supp. No. "
---
-.,...... '.
---.- -..
fare of the citizens who reside in the city and to
prevent the maintenance of nuisances affecting
the public generally. It is hereby declared by the
city commission that the creation or maintenance
of a nuisance shaH constitute irreparable public
injuty. In order to accomplish the foregoing pur.
pose, it is deemed necessarY to establish a mech.
anism of review and provide for remedi es in order
to abate u public nuisance by action of the city
municipal code enforcement board. the city com.
mission. or the county court.
(Code 1980, ~ 95.21; Ord.1'\o, 5056. ~ 5. 1-3-9])
Sec. 20.03. Conditions and conduct.
'I'he existence of any of the following specific
conditions or conduct is hereby declared to consti.
tute a public nuisance as that term is used in
section 20.04:
(1) A condition or use that causes a substan.
tial diminution of property value of prop.
erty in the vicinity of the condition or use.
(2) Conduct similar to that described in F.S. ~
823.05 has occurred or is occurring.
(3) A condition or use that unreasonably in.
trudes upon the free use, privacy and com.
fortable eIijoyment of the property of the
citizens of the city. Tbe use or condition
may be considered an unreasonable intru-
sion upon the free use and comfortable en-
joyment of property when one or more of
the following conditions are Cound to exist:
(8) The repeated intnJsion upon property
" adjoining or 8UITOunding the use or con-
dition identified in the complaint of
odors, gases. smoke. ashes. soot. dust,
fumes, chemical diffusion, smog. or
other particles or gases;
(b) The repeated intrusion upon property
of disturbances of earth or air including
but not limited to vibrations, explo-
sions, light and loud, raucous and un.
necessary noise. and the repeated un.
authorized intrusion of adjoining
property by patrons or users of the
premises. which unreasonably disturbs
or interferel:J with the peace, comfort,
privacy, and repose of owners or pos.
OD20:3
a'JtP-
I 20,03
CLEARWATER CODE
.,~
sessors of real property in the enjoy-
ment and the use oC their propertYi
(c) The repeated unauthorized intrusion
upon property by persons or vehicles
which adversely disturb the privacy.
comCort. peace, repose, and use of
owners or possessors of property ad.
joining the premises where the persons
or vehicles complained oC originates;
(d) The repeated attraction to the premo
ises where the use or condition com.
plained of is maintnined by persons
who. through frequent raucous or dis-
orderly condu~ through repeated dis.
turbances of the peace or through vio-
lation ofnny law of the state, county or
city. adversely affect ordinarily reason-
able and reasonably behaved persons
in the enjoyment and use of their prop-
erty.
(4) Buildings which are abandoned, boarded up,
partially destroyed, or left for unreason-
. ably long periods of time in a state of par.
tial construction, provided that any unfin-
ished building or structure which has been
in the course of construction three years or
more, and where the appearance and other
conditions of such unfmished building or
strocture substantially detracts from the ap-
pearance of the immediate neighborhood or
reduces the value of property in the imme-
diate neighborhood or is a nuisance, shall
be deemed and presumed to have been left
for an unreasonably long period of time in
the Bense of this Bubsection.
(5) Any attractive nuisance dangerous to chil-
dren in the form of abandoned or broken
equipment, hazardous pools, excavations. or
neglected machinery.
(6) Overt blocking of drainage pipes. ditches,
ch m:mJ318 , and streams. so as to cause
flooding and adversely affect sUlTounding
property.
(7) The existence of excessive growth, as de-
fined in section 20.32, or the existence of
any accumulation of debris, trash, garden
trash, junk, untended growth of vegeta-
tion. or undergrowth of dead or living veg.
Supp. No. ..
elation, upon any property to the extent
and manner that such property contains or.
ia likely to contain rodents, reptiles or other
vermin, or furnishes a breeding place for
flies, mosquitoes, or wood. destroying in.
sects, or otherwise threatens the public
health, safety or welfare.
(8) The outdoor storage of all or part of any
dismantled, partially dismantled, inopera.
tive or discarded vehicle, recreational vet
hicle. machinery, farm equipment, aircraft,
construction equipment, boatj personal wa.
tercraft, trailer, truck. motorcycle, bicycle.
or scrap molal, on any public or private
property within the city limits. This provi.
sion shall not apply to any vehicle, recre.
ational vehicle, machinery, farm equip.
ment. aircraft, construction equipment.
boat, personal watercraft, trailer, truck, mo.
torcycle. or bicycle, which is located on the
premises of a lawfully established storage
yard or which is on the premises of a law.
Cully established vehicle service establish.
ment and is in the process of repair or main.
tenance by that establishment.
(9) Any other condition or use that constitutes
a nuisance to the public, generally, as that
term is defined in section 20.01. which is
continually or repeatedly maintained, the
abatement of which would be in the best
interest of the health. safety and welfare of
the citizens of the city.
(Code 1980, ~ 95.23; Ord. No. 5035. ~ I, 10.4.90)
Cr'OfUI reCerenee- UnlawfulllCC'Umulallon orlumoor boxes,
ete., f 24.25.
I' > . '",
\
,0
Sec. 20.04. Maintenance of private property.
No person owning,leasing, operating, occupying
or having control of any premises within the city
shall maintain. keep or pennit any nuisance, as
defined in section 20.01 and os further defined in
section 20.03, affecting the citizens of the city.
(Code 1980, ~ 95.22)
Sec. 20.05. Graffiti prohJbitedj removal reo
. quired.
(l) As used in this section:
l (a) Graffiti menns one or more letters, sym.
bois, or other marlcings pointed, drawn or
: j
~
CD20:4
--
-"'--
.......
----..yyp- .........
~
NUISANCES
~
otherwise applied to a wall. post. column,
or other building or structure, or to a tree,
or other exterior surface. publicly or pri-
vately owned. The term does not include
signs authorized pursuant to. or exempt
from the provisions of chapter 44. The tenn
is the plural of "graffitotl but, for the pur-
poses of this section, the singular and the
plural forms shall be deemed synonymous.
(b) Owner means as defined by section 1,02.
(e) Remove means to clean away, cover with
paint matching the background color, scrape
off, or otherwise cause graffiti to be no
longer visible from a distance of 10 feet or
more.
~,
(2) It shall be a violation of this section for any
person to paint, draw, or otherwise apply graffiti
.to any wall, post, column, or other building or
structure. or to a tree. or other exterior surface,
publicly or privately owned, within the City of
Clearwater.
(3) Graffiti found upon privately-owned prop-
erty within the city shall be removed by the
property owner or, if the owner is not in posses-
. sian of the property. by the tenant or any adult
person acting as the agent or property manager
for the owner or the tenant, within ten calendar
days following service of notice to such person of
the existence of graffiti upon such property. The
notice shall be served by hand delivery or by mail,
postage prepaid, to the address of the owner or
tenant according to the property records of the
county property appraiser, and if served by mail a
copy of the notice shall be posted in a prominent
location on the premises. The notice shall identify
the property, describe the nature and location of
the graffiti, and state that the graffiti shall be
removed not later than the tenth calendar day
following service of the notice. The failure of an
owner to remove graffiti within ten calendar days
following service of notice of the existence of
graffiti upon the property shall be a violation of
this section.
(4) Graffiti found upon city-owned public prop-
erty shall be removed by the city manager within
ten calendar days following discovery of the exist-
ence of graffiti upon such property. If graffiti is
found upon public property not owned by the city,
..~
~;1'9
rj..< f':
--
Errata
f 20.08
the city manager shall give notice of such graffiti
to the owner and shall request the prompt re-
moval of the graffiti.
(Ord. No, 5492.93, ~ 1. 12-2-93)
Sec. 20,06. Enforcement of chapter-Gener-
ally.
(1) This chapter may be enforced in accordance
with the procedures established by section 2.672.
The code enforcement board shall follow the pro-
cedures set forth in section 2.673. The procedures
for establishing liens, foreclosure of liens and
providing for appeals set forth in sections 2.674
and 2.675 shall be fully applicable to a finding of
violation of this chapter by the board.
(2) This chapter may also be enforced by the
city commission in accordance with the proce-
dures established by section 20.08.
(3) Additionally, any violator of this chapter
may be cited by a code enforcement officer and be
subject to a civil penalty in accordance with the
procedures contained in section 1.12(3).
(Code 1980, ~ 95.24; Ord. No. 5056, ~ 5, 1-3-91;
Ord. No. 5492-93, ~ 1, 12-2-93)
Sec. 20.07. Same-By code enforcement
board.
In hearing alleged violations of this chapter, the
board shall have the powem set forth in "ection
2.671. Upon a determination of the board that
reasonable cause exists to believe that a nuisance
exists as defined in sections 20.01 and 20.03, the
board shall find a violation of this chapter and
shall set forth the steps necessary to abate the
subject nuisance. A fine for each day the violation
continues past the compliance date may be set
pursuant to section 2.674.
(Code 1980, 195.25; Ord. No. 5492-93, ~ 1, 12-2-
93)
Sec. 20.08. Same-By city commission.
(1) lhport by city manager. If a condition is
determined to be a nuisance under sections 20.01
and 20.03 by the city manager, he may seek
enforcement of this chapter by bringing the mat-
ter before the city commission. The city manager
may initiate such action by providing to the city
C020:5
aJtR
I'
.
. . '" T" ~."... ." ~ ~ ..
f 20,08
CLEARWATER CODE
commission a report containing information show-
ing the existence of a nuisance and the city
managerts application of the criteria set forth in
section 20.03 to the particular facts of the use or
condition which is the basis of the report and a
brief statement of the city manager's recommen-
dation for city commission action.
(2) Notiu of hearing. Upon submission of the
city managerts report to the city commission, the
city manager shall schedule a public hearing
before the city commission and shall provide
actual notice of such hearing to the person own-
ing, leasing. operating, occupying or having con-
trol of the premises where the alleged nuisance
exists. The notice requirement may be satisfied
either by mailing or delivering written notice to
such person.
(3) Determination of existence of nuisance. At
. the public hearing, the city commission shall
detennine whether a nuisance exists by applying
the definition of nuisance provided in section
20.01 and the standards contained in section
20.03.
(4) Remedks. Upon a determination by the city
commission under subsection (3) of this section
that the use, activity or condition which forms the
basis of the city manager's report constitutes a
nuisance pursuant to this chapter, the city com-
mission shall proceed as follows:
(a) The city commission may consider an agree-
ment with the offending person requiring
the person to tOke certain measures to
abate the nuisance. The agreement shall
include the measures to be taken by the
person and the time period within which
such measure must be comp~eted.
(b) If an agreement cannot be reached or an
agreement is not followed, the city commis-
sion may, by resolution, request the state
attorney or the state attorney general to
Beek judicial relief for abatement of the
nuisance pursuant to the provisions ofF.S.
. f 60.05.
(c) The city commission may direct the city
attorney to. seek judicial relief for abate-
ment of the nuisance.
(Code 1980, ~~ 95.26-95.29; Otd. No. 5492-93, ~
1, 12-2-93)
Enata
;.;..;...io..~"""""'~"
. '~"'. ",. <.......h~I...."'....~oWt" 'aU. ----d>..
Sec. 20.09. Same-AdditioDal remedies.
Nothing contained in this article shall in any
way restrict the right to revoke. suspend or deny
an occupational license as provided in chapter 29,
article II. The remedies provided in this chapter
for the abatement of nuisances are in addition to
any other remedies provided in this Code.
(Code 1980, 0 95.30; Oni. No. 5492-93, t I, 12-2-
93)
~
,
(..;.......-..,
.....l'.h .
, ~-
CD2U:6
~~
. .0," .....~......"""A..".o:......._ t.......... .... .0"'
r
FSA fi 823.05, Places declared 'a nuisance; may be abated and enjoined
'r-]
1\81306 West's F.S.A. ~ 823.05
WEST'S FLORIDA STATUTES
ANNOTATED
TITLE XLVI. CRIMES
CHAPTER 823. PUBI.lIC
NUISANCES
Current through End of /996 2nd Reg. Sess.
823.05. Places declared a nuisancc; may
bc abated and cnjoined
o
Whoever shall erect, establish, continue, or
maintain, own or lease any building, booth, tent
or place which tends to annoy the community or
injure the health of the community, or become'
manifestly injurious to the morals or manners of
the people as described in s. 823.01, or shall be
frequented by the class of persons mentioned in
s. 856.02) [FN1] or any house or place of
prostitution. assignation, lewdness or place or
building where games of chance are engaged in
violation of law or any place where any law of
the state is violated, shall be deemed guilty of
maintaining a nuisance, and the building.
erection, place, tent or booth and the furniture,
fixtures and contents are declared a nuisance.
All such places or persons shall be abated or
enjoined as provided in 55.60.05 and 60.06.
[FNl] Section 856.02 was repenled by Laws 1972, c.
72.133, ~ 3.
<<For credits. see His/orlcal No/efie1d>>
HISTORICAL NOTES
HISTORICAL AND STATUTORY NOTES
1994 Maia Volume
\#<
W
Derivation:
Laws 1915. c. 15.298, ~ 41.
Laws 1915. c. 75.24, f 1.
Laws 1914, e. 14.383, f 66.
Laws 1951, c. 51.1. 0 24.
Comp.Oen.Laws 1921. 0 1832.
Rcv.Gen.Stl920. f 5639.
Laws 1917, c.1367, f 1.
Page 1
LnWll1951, c, 57.1. f 24, Wlls a correction bill.
Laws 1914, c. 74.383, 0 66, provided for repeal of this
section effective. as a result of Laws 1975, c. 75.24,
October I, 1915. Laws 1975. c. 75-298, reenacted this
section without amendment effective on the same date.
REFERENCES
CROSS REFERENCES
Abatement of nuisances genemJly, see f 60.05.
Injunctions, abatement ofnulsnnces, see f 60.05.
NuislUlces injurious to health. see 9386.01 et seq.
Prostitution. house, see f 796.02 ct seq.
.81307 Public balh houses and swimming or balhing
places. see ~ 514.06.
LAW REVIEW AND JOURNAL
COMMENTARIES
Common law torts other thRlt personal injury negligence
cases. R. T. Bard and Carey A. Randall, 16 V.Miami
L,Rev. 533, 515-580 (1962).
Sound amplifiers: nuisance or free speech. 2
U.FIa.L.Rev. 103 (1949).
Survey of lort law. Waller H. BeckhlUll Jr.. Susan G.
Chopin. 26 U.Miami L.Rev. 128 (1971).
LIBRARY REFERENCES'
1994 Main Volume
Nuisance e=>3(1), 18.
WESTLAW Topic No. 279.
C.J.S. Nuisances ~O 20 et seq., 102 et seq.
UNITED STATES SUPREME COURT
Free speech. statutoI)' closure of adult bookstore for
prostitution actiVity. see Areara v. Cloud Books, Inc..
1986, 106 S,o. 3172, 478 U.S. 691. 92 L.Ed.2d 568. on
remand 510N.Y.S.2d 844. 68 N.Y.2d 553, 503 N.E.2d 492
Prior restraints, exhibition of films alleged to be obscene,
see Vance v. Universal Amusement Co., Inc., 1980. 100
S.Ct. 1156, 445 U.S. 308, 63' L.Ed.2d 413, rehearing
denied 100 S.Ct. 2177. 446 U.S. 947, 64 L.Ed.2d 804.
AN NOTA TIONS
NOTES OF DECISIONS
Athl~tk acllvltltJ 13
Copyright (c) West Group 1997 No claim to original U.S. Govt. works
~
c.' ., __... ~ ... .... . ,..' ~
FSA ~ 386.01, Sanitary nuisance
f)
*38481 West's F.S.A. fi 386.01
WEST'S FLORIDA STATUTES
ANNOTATED
TITLE XXIX. PUBLIC HEALTH
CHAPTER 386. PARTICULAR
CONDITIONS AFFECTING
PUBLIC HEALTH
PART I. SANITARY NUISANCES
Current through End of J 996 2nd Reg. Sess.
386.01. Sanitary nuisance
">\~
f.,w{.l
A sanitary nuisance is the commission of any
act, by an individual. municipality, organization,
or corporation, or' the keeping, maintaining,
propagation, existence, or pcnnission of
anything, by an individual. municipality,
organization, or corporation. by which the
health or life of an individual, or the health or
lives of individuals, may be threatened or
impaired, or by which or through which,
directly or indirectly, disease may be caused.
. <<For credits, see Historical Notefield.>>
HISTORICAL NQTES
HISTORICAL AND STATUTORY NOTES
1993 Main Volume
Derivation:
Comp.Gen.Lnws 1927, f 3386.
Rcv.Gen.StI920, f 2157.
Gcn.St.1906. f 1153.
Laws 1895, c. 4346, f I.
REFERENCES
LAW REVIEW AND JOURNAL
COMMENTARIES
Nuisan~ development in the early common law.
William A. McRae, Jr.. I U.FIa.L.Rev. 27 (1948).
LmRARY REFERENCES
'"
1993 Main Volume
Page 1
Health and Environment c!=t27.
Nuisance cg:;,59.
WESTLA W Topic Nos. 199. 279.
C.J.S. Health and Environment ~ 26.
C,J.S. Nuisances ~ 2 et seq.
ANNOTA TIONS
NOTES OF DECISIONS
Anlm."~ 2
MURld...:' ."Ithol"lty 3
Property cWl..:.n' duties 4
Sewage collection devices 1
1. Sewage collection devices
Whether or not sewage collection devices such as
collection plate systems and/or litl stations were "disposal"
devices which were prohibited within 200 fect of Shell
creek and Prniric creek. they Were in any case "extensions"
of sewuge disposal device and were violative of the
prohibition. City ofPunla Gorda v. McSmith, Inc.. App. 2
Disl, 294 So.2d 27 (1974).
2. Animals
Water turkeys. coons. snakes, nlligators, turtles, snipes,
chickens, and owls, when kept together within city limits,
constituted nuisance. City of Orlando v. Progg, 31 Fla.
Ill, 12 So. 368, 34 Am.StRep. J7 (1893).
.384823. Municipal authority
If implementation of plans for travel trailer park would
violate special Anti.Pollution Act conferring certain
jurisdiction, power and authority on City of Punta Gorda,
city had standing to restrnin. enjoin or otherwise prcvent
such implementation within city limits, and if nets occurred
outside city limits, enforcement bccnmc matter for statc's
attorney; state health division had jurisdiction to abate
pollution. but such jurisdiction was not exclusive. City of
Punta Gorda v. McSmith. Inc., App. 2 Disi., 294 So.2d 27
(1974).
Town had no authority to maintnln suit for injunctive
relief to restrnln hotel from discharging allegedly
contaminated water from swimming pool into ocean, since
that was matter exclusively given to state board of health.
Town of Palm Beach Shores v. Colonnades, Inc., App. 4
Dist,. 216 So.2d 78 (1968).
4. Property ownen' duties
An owner or occupant of property must use it in a way
that will not be a nuisance to owners and occuPllllts of
other property In same community. Palm Corp. v. Walters.
Copyri~t (c) West Group 1997 No claim to original U.S. Govt. works
I-
"CT '~.':. ".\I"'..~t.._........ p.....''I'.~.. " ~'i\ .,... ..'
~
1970 RAINBOW DR
CHRONOLGY OF INSPECTIONS AT THE ABOVE ADDRESS
7/19/96 NO ANSWER AT DOOR
7/22/96 NO ANSWER AT DOOR
8/13/96 NO ANSWER AT DOOR
9/13/96 LEITER FROM PUBLIC WORKS STATING THE WATER SERVICE WAS SHUT OFF
SINCE 8/14/95
9/17/96 LADY ANSWERED DOOR SAID SHE WOULD HAVE OWNER CALL. NO CALL
9/24196 RECEIVED A CALL FROM MR CABA AND HE STATED HE WAS GOING TO mE
COMMlSSION
9/20/96 SENT HOUSING REPORT
9130/96. ISSUED NOTICE OF VIOLATION, LIVING IN STRUCTURE W1TIIOUT SANITARY
FACH.ITIES. HAND DEVll..ERED DUE TO CERTIFlED RETURNED UNCLAIMED.
10/22/96 SENT SECOND NOTICE OF VIOLATION INORDER TO COMPLY W1TII CODE
ENFORCEMENT BOARD TO BRING HIM IN FRONT OF THEM.
, .~O
11121/96 RECEIVED CALL AND NOTICE FROM LISLlE TO HOLD UP ON GOING TO CODE
BOARD DUE TO MR. CABA FILING FOR CHAPTER 13.
1115/97 ISSUED NOTICE OF VIOLATION AFTER ANOmER COMPLAINT.
3/13/97 RECEIVED COMPLAINT FROM C.R.T HOUSE WITHOUT WATER OR SEWER.
8/21197 RECEIVED CALL }o"ROM C. R. T. HUMAN WASTE WAS BEING BURIED ON THE
PROPERTY. INSPECTION WAS MADE THE SAME DAY FOUND OWNER WAS DIGGING HOLE
TO PLA.~ TREE PER OWNER AND STRUCK A PIPE THAT APPEARS TO BE SEWER PIPE.
8/22/97 JANICE KING ISSUED A SYOP WORK ORDER FOR DOING PLUMBING WITHOUT
PERMITS.
8127/97 STOPPED BY ON 8/26/97 AND TAKEN PICYURES AND TO CHECK TO IF COVEREDUP
AND REPAIRED.
8/28197 STOPPED AND CHECKED IT STILL NOT DONE. PLACARDED THE STRUCTURE DUE
TO NO WATER OR SEWER AND PEOPLE LIVING IN BUILDING. ISSUED NOTICE TO APPEAR
FOR VIOLATION OF 309.1 & 309. 5.
o
l::~~kI ".;'I~'h\.i".u.+Ii."""'-."' c ..
"'h~. t.,~I'~., . .
. ............__~_.-.__-r....__H..
,
.~. ..~ ......_L................... .."'........'"" J- .. _............ ,r; I ~F'.' ~
. ...~..t..... I...........,.. ~ "l""~.. .~:;..i :.-rel...' ,~"'~'.~-J. "~':'~'''..-':';I-.i~~ ~,~\ ~\.. i ".t J i \'/ .~'~.p;
~ --
"
. ,
j~
VlOREL CABA M CHRONOLOGY OF ACTION AT 197Q RAINBOW DRIVE
10/4/93 - posted vehicles (yellow Plymouth. silver Ford L TD, whi~/rcd boat, black
Monte Carlo)
Ions - Caba appealed to'MCEB, went to Board 11/15, given additional 10 days to
comply (did comply)
11/4 - posted vehicle (beige Dodge Volare')
11124 - Caba appealed to MCEB; vehicfe removed before Board meeting
12114 -' posted vehicles (blue Ford Horizon, white Ford varlt boat) explained code to
Cabs
1/4194 - explained code to Caba again, also that he could not sell vehicles from his
residence .
1/12 - pos1ed vehicles (maroon Bertone Xll9, yellow Plymouth Vol~', silver Ford
L ro, Hold Buick
J/JO -
<,:)
"''''
4/12 -
4124-
6/1 -
6114 -
posted vehicles (white boat, gold Chevrolet)
M
" (maroon Fiat)
. Caba appealed. scheduled for Board but complied prior
posted vehicle (silver Ford L TO)
Caba appealed; scheduled to go to Board but withdrew and informed Caba
that we were pursuing thtoU&h Pincltas County court system
7/6 - explained code again to Caba; posted boat and gave NTA's for vehicles
(silver Ford LTD, red Pontiac) and posted overgrown grass
1/1 S - sent letter to Cabs that further violations at his residence would be handled
through the PincllB3 County court system
5/3/95 .. left doorhanger rega.rd.U,g an mop vehicl~
6122 - . gave verbal warning
ReCF"!~"
SEP 12 1991:
1fJ.s -
..
..
.,
vi I'y A f J UHI~EY
~
---
i In .J '.' ~-
M)(,:
FROM:
~~~~
~ ~ /DI'" iI
MS~ I
PKN t; S(ft)~1/7~ . ..s I
FAX':
'J-t';,l:.~:'.lJ.I'~....J.:Y."~ I ",.;; .i~\;, .'.r' "fh"....." .
. -, . ~ _,_.......'H ~n ..'~....~. .~.~ .
"
i.
~ ."... IF. c'. . .
. .....H... o. ~.... } , .' ~. . ..
~
8/3. posted debris
8/11 - appealed, Caba did not show at Board meeting bur cleared property
10/17 - posted vehicles (white boat and brown (gold) Chevrolet)
10125 . NTA's for inop vehicles (gold Chevrolet) and boat
1/29/96 - wrote NTA's for boats and inop vehicles (citations accepted by Caba's
girlfriend) (black Mitsubishj Starion; two boats, one on property and one in
street, Ford Escort) and sent Notices of Violation for fence and wtcrean pool.
Sent Jetter to Caba tellios him Ms. San Pedro had accepted NTA's.
3/12/96 - NT A for inop vehicle (red Bertone XII 9) and sent letter stating that failure to
payor to appear in court would mean he would be held in contempt of court
3/19 - NT A for hauling trailer in street for over 24 hours
3/29. NT A for hauling trailers in setback
0 4125- spoke to Caba; infonned him where trailers could be kept on property
5/31 - wrote NT A for debris and inoperative vehiclc (actually mailed celt mail 6/4)
6120- NT A for inoperative vehicles (red Pontiac Fiero, gold Chrysler)
7/11 - NTA for inop veb (red Fiero)
9/6. NT A for trailer in setback
"10/9 - letter to Caba giving him to days to clear all violations: inop vch's, boats.
debris, fence, pool, trailers
lOfl2 . grass overgrown, spoke to Caba, grass mowed 10/29
11/22 - NT A for inop vehs (silver Fiero had the tag registered 10 blut: Ford van, red
Fiero in street, bluc Ford van, and another red Fiero in driveway with stolen
tag which Police confiscated)
12/27.. posted red Fiero in street to gct it out of street
117197 - posted debris in driveway (furniture); said they had just moved it outside to
" paint the house
"
d" 't t. "'. .~-. ..< U'c . ... ,10. ..' ~.., pc.
~ 2/5/97 - NTA.s for inop vchs (black Mitsubishi Starion and blue Ford van)
2n.6 . accumulated tree branches on ROW; no Solid Waste account due to non
payment ofbiU; gave 24 hrs to have cleared.
3/13 - complaint regarding house without water and sewer; ABV -blue vehicle;
complainant thinks they may. be washing clothes in pool (gave complaint re
water and sewer to Building Dept.)
312.5 - refrigerator outside with WlSecured door; had owners tape door shut.
4/23 - complainant left another message; now has pick up truck with furniture in
back parked in yard.
sn - trailer in street at 10:15 am; still there 5/8 at 10:30 am; wrote NTA. Also had
2 ABV.s (black Mitsubishi Starion and turquoise Chevrolet subcompact)
518 * gave Mr. Caba NTA's from 5/7 (tenant had refused delivery on Sn) and
additional onc for S/8 for Chevrolet subcompact still being there (per
neighbor had removed the evening before and brought back again)
.' I:)
519..
received complaint regarding tires behind house
S/13 - Chevrolet subcompact still in street; wrote another NT A and sent certified
mail along with letter regarding tires; also sent both regular mail
5/16. telcphone call from Mr. Caba regarding tiresi
5121 - finally posted vehicle in street 50 J could have towed unat removed within 5
days
613 .. Chevrolet removed from street
I.
!
,
.,
"
.
'.1 .~ . ~ "<...~ .~_~~~, ... :.....
.... ;+~ '.~. "." ~ .., . ~. . .' o. I,
~ ~ .!2 ~ ~ g.B 0 ffi 0 0: ,
j~f ~ m~ ~~ ~ j ~ ~~ ~ ~c<~ < ~
t} ~ ) II ~ Ifl~jfil! j~l~ s~ w~~ g~~ ~ ~~~~~ ~~@~g
c ~ S . ~ ~z~~w5~ g ~~x~z o~~o:c
I ~ il~ I ~Bli~j!~fl~j~1 =1 ~~~~:~~~~~m~i~~~ffi~~t~~~
. I ~
'0 M ~ 1-;n1 ... .E 2' s:: <~ '~5t5~>~ C)O!z~Ca..!z<8~%:>
rl ! !!iif1i i~!ilf!I~~iillltl~;~~i~~i~;~;~~;~~~;I~~~i
~ jl ~ J~ I Ie 11- ~~fl~1 ~ a..o:C~~ WWZ ~Wa.. 5 a..~zS ~
. ~ ~ K ~~~n1Z~~Z x~xz<~~~w~ ow w oz
~ & ~~~ ~ =~ '~enl~ ~ u~~~o~~<~uO~~c<<a..cx~~c~~~z~
I 1Z! ~ ~ ~ &} ~ ~ ;
... ~ ~ ~ ~ ~
~ ~
"2 ~ ~ ~ ~
.~ " "'" ""', "
'8. co r:JJ' D:I a:a
~
lU ~ lU <1>
'0 '0 '0 '0
~ 'E 'E 'E
~! ~ ~ ~
l l l 1
II) ~ :g :2 "CI
0 0 '0
CD :J: :J: X J:
co
,. do z z z w ~ w UJ
0 0 0 ll1:: Z Z Z Z
CD .. 0 0 0 0 0
en is ::E ::E ::E c c 0 0
(1)
"I- >>
a:I
:J ! ~ ~ ~ ~. ~ ~ I ~
0 8
::c !o ....
,~ ~
~ ~ ~ ~ ~ ~ ~ ~ c
.2't- r
CI) J ,
en c
ns I m c-
O I') I ~ &! ..... ..... I a
CI m ~
.... a ...
J2 ... ~ ~
... ...
U) N &? ~ ~ ~
u
(1) S - ~
~ ...
.- -. Ol
..... OJ
.-
>
0- I
..... ...
(.) ~
<
z
0
f3 2: z z
w 0 0 0
no r= ti t
w (,)
~ ~ w ~
-J a.. a..
E u, w w
ffi z z
c iil iil i t c
t z ~ ~ a: ,2
)!: ~ ~ i
M ;..J ~ ;..J ;..J
a.. a.. a..
::!: ::E ~ ::E ::E .~ ,~
a. 8 0 0 III
:t:: U
i1~ (J (,) (,) 0: 0: (f) 0:
0 ~ ~ .~ ~ ~ 8 ~
. ~ f is
5 :) ~ 5 5 5 5 5
N 0 0 0 0 0 0 0 0
x X. :c :J: x :c J: J:
__.....~....r"'....wI'...L......l-"r... .c'.'\.\ . \', _..tlil......___.~r-"" L
. ...'.
.~
CD
CW')
CD
C?
CD
Q)
a'I
~
::>>
o
:J:
I~.)
Q)
en
ns
o
"-
.sa
en
(1)
0-
~
0:;
~
:E
a.
'1","" CD
.: 10
~
N
. ~, . . I .. .. I .." <" ~ ,~ I I', . ~ r < .,
~
~ . ' . / . ~ ," .
Ii: s ffi
w 1 en.
C J :;)0-
(3-' WI 9 ~
::I .0(1)
'iiI WO "
~ 0 g...-
z - u. II) ft.
Uj il.Q,z~~
C1 .rI!O-~
ZuJStiClg~
~o ]zw"
o~fcoEgf
O~' ()~o::
ZII) "0>0..
J} Iii Uf! 1
jUiIJlIIUI~1
iilgiJls l~! !j.
s~si!lf lfl:! ls ~
dUin UHiHi
tz! E!
~ ~
t >-0
1 ~ot:!~t3
j2 ::I:r~~z
J~ j ; ~~~cnfa
Zo"'O::w
I <-ClOU
~ l 1D~:zciO
- ! ~ ~~~g~
fif l~I~~~~~
2~ 2 s~ ~ ~~~8~
Sj~t!~~~
~ ~ ~ ~ ~ ~
I
1it
j I
i ~ &i
I ~ ~
i
I&'
'"'I '"'I
CD In
I!
t tj tj
~ == ::E
t!
S
'"'I
In
"'1 '"'I
ID ID
Z
o
:!:
z Z
o 0
::IE ==
i i i i i i
J~ ~ ~
i ~ ;
N
II
a
...
~
Z
o
fl z
w 0
~ ~
-' C1.
E ~
f z w
~ ~
;.J ;.J
~ ~
f ~ ~
:;) :;)
o 0
:r :r
~,~;.~.\tlu.,~~~-''''''
I ~~"
I I ~
z
o
f3
w
C1.
tn
Z
iil
0:::
">
;.J
0-
~
U
~
:J
~
z z
o 0
t fi
~ ~
~ ~
iii W
~ ~
~ ~
~ ~
u u
~ ~
5 8
:r :r
~
1i
~ &! ~
~ ~ ~
'"", '"'I '"'I '"",
CD In ID 'ID
'"'I " '""I
ID CD ID
'""I ""I,
ID CD
zzzzz:zzzz z
0000000000
== ::E :5 ::!: :5 :E :E :5:E :E
~ ~ ~ ~
~ ~ ~ ~
~ i ~ ~
~ ~ ~ ~
~ ~ ~ ~ ~ ~
j ~"~ j i ~
~ ~ ~ ~ ~ ~
~ 0ia.....;;: a;
z
o
fi z z
woo
B; ~ ~
i"; w w a: 0::
-' BiBi g ~
:!!i z z z Z
t:: iilw Q 0
~ ~ ~ ;! ~
;.J ;.J ;.J ;.J ;.J
~ ~ ~ ~ ~
~ ~ ~ ~ ~
::I :J :J :) :J
o 0 0 0 0
x :r :r ::z: ::z:
II:: 0::
~ ::!
z ;z
g ~
;;. >-:
~ ;.J
0- 0-
:::E :::E
o 0
CJ 0
~ ~
:::. ::I
o 0
:r ::z:
0:: 0::
g g
z z
~ ~
;.J ;.J
0- a..
::E :E
8 8
~. ~
< <
:J ::J
o 0
::z: ::z:
~ . ~"'U_.-r",..,~",\",~,,,,,,,,,,,__~, 1.......~..... rr" '~<._r
$
ia
~
E:
ill
~
~
1
:g
o
:r
~
a
f"
~
0::
~
:;)
o
:r
$
;;
~
~
ilJ
~
"~
1
~
:r
~
~
....
-
o
....
QJ
Ol
~
~
,~
.I
"
a:
~
5
o
J:
-
l~
4
.
I:)
......< .
~
.,
"
.,OC,..,'
~. ~. c. ., l' ",... ,..... .~ ..,,' .... ",' .' ., ~
-----.
CLEARWATER POLICE DEPARTMENT
OFFENSE INCIDENT REPORT
1
Agency ORl: FL0620300
Juvenlle:NO
Offense # 1: TAMPER WITH UTILITY 612.14
Offense Type 2::
Incident Type: FELONY
F'ase
Report #: 97-21713
. ORIGINAL
Attmpt/Commlt 1: ATTEMPTEI
Report Date: 08/22/97 Time: 0928 Dlsp: 0929 Arr: 0934 Comp: 1701
Incident Date From: 08/20/97 Time: 1700 To: / / Tlme~
Incident Location: 1970 RAINBOW DR
CLEARWATER, FL 34625-
Location Type: RESlOENCE-SINGL
Bus Area I Identifier:
.
Occuparlcy: NOT
'* Offenses: 01
Type of Weapon:
Drug Related:
Alchl Related:
F.:>rced Entt-y:
., Victims: 01
NOT APPLICABLE
NOT APP #Veh Stol: 00 #Veh Rcvd:
# Offenders: 01 # Prem Ent.: 00
Weather: UNKNOWN
Lighting: DAYLjGHT
e,' I d: Z89E:
Zone:
NO Secur.ity:
Trespass Warning: NO
DISTRIBUTION LIST
Assisned Inv.
S.A.O.
Ct" I me Pt' eve n t I .:,.10
Victim Assistant
Inte II t sence
~~!~..~r::~
2 N.) Copies
Juv. D i vet.s i t)n
V Ice
INV.
Se i 2ut.e
X Risk Manasement
o .IP:> I~\~\,/l
',; ~ ' : '~:.' "u"
. '- l'.. I
'-- ~ ...-
- -.
-
'CLEARANCE (ADMINISTRATIVE) INFORMATION
Related Report:
R~portln9 Officer: JANICE WHITE
Date Completed: 08/22/97
Reviewlns Officer:
In~. Assigo to~ 699 - NOT ASSIGNED
Case Status: INACTIVE
Date Cleared: I / .
OBTS #:
Clr Type:
Adult/Juv:
Arrest Ne.:
S/A Invest?: NO Type:
Date:
I I
Scene Proe?: NO
Domestic Violence?: NO
Photos: NO
Does the victim wish to prosecute?: NO
Badge #: 101 SPN#: 00038459
Badse #: 627 Date: 09/04/97
Pl. lot" i t Y : F
# Arrested: 0
Time:
Dlv:
Latents Proc: NO
Victlm.s Pimphlet?: NO
~_in.J.:~....~n:;;1.~:JtV 'I( ..,!,~~lf...t'.n ~i\~~..j.V""""..p ....~.. .
r_......._........_.._..._~............_~....<... - .
>.r.,..
,~,'. ~ .
()
J
1
,
,
i
l:J
'. 1
.tit
"
>
'I~ ~,.~ ;r........j.~...l ~..-'h..'P.......,... ",. >~ ...
: ~,..." ........ _.). < c. .~ t..
CLEARWATEP F0LltS DePARTMENT
. OFFENSE INCIDENT REPORT
pase ;:
Report~ 97-21713
PERSIJNS SECT I ON
SUSPECT:Ol
Person Type: ADULT
Off Ir,d:ll
Name (l,(',ml): BENFER, LARRY
Racea'WHITE SeK: MALE DOB: I /
Ase: 0
J u v e nil e: NO
Addr: 1970 RAINBOW DR
City: CLEARWATER, FL
Sulte/Aptl
Zip: 346 -' Phone: (
)
Eus./Sch.:
Add,..:
City: CLEARWATER, FL
Occupation:
Suite/Apt:
Zip: ;:146
Phl,ne: (
CClnt Info:
Synopsis: SUSPECT IN ATTEMPT THEFT OF UTILITIES
InJ Extent:,NONE Type 1: NOT APPLICABLE Type 2: NOT APPLICABLE
Residency Type: CITY Status: FULL YEAR
Relationship: NOT APPLICABLE Ethnic: Coop: YES
Hgt: 5107 Wght: 185 Eyes: HAZEL Complex: MEDIUM Bui ld: THIN
Hair Color: BROWN Length: BELOW THE SHaUL Style: CORN ROWS
Facial Hair: BEARD AND MUSTA Teeth: BUCK Speech:
Glasses: Demeanor:
Habit: Appearance: UNKEMPT
Scars/Mks/Tattoo:
Clothing:
Malden Name:
PI 0; Birth: PENNSYLVANIA
Driver's License #:
1mrnlsr/Natrlz #:
OBTS I:
MClde of Tv I :
AKA:
License State:
Other 1D #:
FCIC/NCIC:
--------------------------------------------------------------------
...,' .
()
':>
.J
.w
.'
I)
,. '.'''''',..~.,..~,_ >......._:, .,.~~ .~~...,. "',' .~. t"
..
CLEARWATER POLICE DEPARTMENT
OFFENSE INCIDENT REPORT
Pase ;,::
Repe.rt# 97-21713
PERSONS SECTION
SUSPECTr02
Off' Ind:'1
Person Type: ADULT
Name (I ,f,mi): CABA, VIOREL
Race: WHITE Sex: MALE DOS: 06/16/65 Ase: 32
J uve n I Ie: NO
Addr: 1970 RAINBOW DR
City: CLEARWATER, FL
Suite/Apt:
Zip: 346 Phone: (
Bus./8ch.:
Addr:
City: CLEARWATER, FL
Occupat i 'HI:
Suite/Apt:
Zip: 346
Ph 0 n e: ( )
Cont Infet:
Synopsis: OWNER OF RESIDENCE
InJ Extent: NONE Type 1: NOT APPLICABLE Type 2: NOT APPLICABLE
Residency Type: CITY Stat~s: FULL YEAR
Relationship: NOT APPLICABLE Ethnic: Coop: YES
Hgt: 6110 Wght: 230 Eyes:
Hair Color: BROWN Length:
Facial Hair:
Glasses:
Habit:
S~ars/Mks/Tattoo:
Clothing:
Malden Name:
PI of Birth:
Driver's License I:
Immlsr/Natrlz I:
OaTS I:
BLUE Complex: MEDIUM Build: HEAVY
Style:
Teeth:
Speech:
Demeanot- :
Appearance: UNKEMPT
Me. d e 0 f Tv I :
AKA:
License Sta.te:
Other 10 fl.:
FCIC/NCIC:
--------------------------------------------------------------------
REPORTING P~RSON:Ol
Off Ind:#l
Pers~n Type: LAW ENFORCEMENT
Name (I ,f,ml): KING, JANICE
Race: NOT APPLICABLE Sex: FEMALE DOB:
/ /
Age: 1
Juven II e: YES
Addr:
C I t y : CLEARJAJA TER , FL
Suite/Apt:
Zip: 346
Phc,ne: (
)
Bus./Sch.:
Addr: PIERCE 5T
City: CLEARWATER, FL Zip:
Occupa.tion:
Suite/Apt:
346 Ph'Hle: (813)
562-4732
Cont Info: CITY OF CLEARWATER CODE ENFORCEMENT
Synopsis: ISSUED A STOP WORK ORDER TO BENFER
--------------------------------------------------------------------
I.
v
" ( ','
. - . -I" u... ~ J.
CLEARWATER FOLICE DEPA~TM[NT
OFFENSE INCIDENT REPORT
Pa.8e 4
Repc.t.ttl 97-21718
PERSONS SECTION
PERSON:02
Off lnd:ll
Person Type: GOVERNMENT
Name (l,f,mi): BRENNAN, ROGER
Race: WHITE Sex: NOT APP DOS:
I I
AS e : 0
J uven I Ie: NO
Addr:
City: CLEARWATER, FL
suite/Apt:
Zip: 346
Phone: (
)
/
BU5./Sch.:
Addr:
City: CLEARWATER, FL
Occupat i ':>n:
Suite/Apt:
Zip: 346 Phone: (813) 662-4606
Cont Info: CITY OF CLEARWATER UTILITIES CREDIT MANAGER
Synopsis: PRESENT AT SCENE
--------------------------------------------------------------------
WITNESS:Ol
Off Ind:#l
Person Type: BUSINESS
Name (I,f,ml): GARDNER, BRETT
Race: NOT APPLICABLE Sex: NOT APP DOB:
/ I
Age: 0
J uve n I Ie: NO
Addr:
City: CLEARWATER, FL
Suite/Apt:
Zip: 346
Phone: (
)
.()
.
Eus./5ch.:
Addr" :
City: CLEARWATER, FL
Occupati.:>n:
Suite/Apt:
Zip: 346 Phone: (813) 462-6585
Cont Infot. CITY OF CLEARWATER PUBLIC SERVICE DIVISION
Synopsis: INSPECTED SEWER LINE
InJ Extent: NONE Type 1: NOT APPLICABLE Type 2: NOT APPLICABLE
Residency Type: NOT APPLICABLE Status: NOT APPLICABLE
Relationship: NOT APPLICABLE Ethnic: Coop: YES
--------------------------------------------------------------------
MISSING PERSONS SECTION
NO MISSING PERSONS THIS INCIDENT
, PROPERTY SECTION
NO PROPERTY THIS INCIDENT
NARRATIVE
Source of Activity/Bacsround: I was dispatched to meet with City
Utilities crew reference a problem with a resident.
Investigation: I met with Janice King who advised that the t"esldents of
1970 Rainbow Dr. have been cited for numerous violations. The City ha5
.:.~ term i na ted the wa tet" and sewer ser.v ice to the' tOes I denc e. They rec e I ved
~ a.cal I from neishbor5 that the residents were trying to tap Into the
sewer Iloe. City workers were on the scene and they were che~klnS to
see If the sewer line had been tapped into. There was approx. a 61 Ions
trench already duS' eKposing part of the line. Mr. Gardner verified the
i"iL~,)"::'2\!~':'ii;:". r...:...u.:'.\1.:,s,..~....../,{P~..~ r,
, .. .. .. , ~ ..." ,.
-
c :":":"'"
I
.
I
'. I
. .
.'
I
. t
I
.,',' ,t .
..
...,....., '. > >
(~
~
t":)
~
...
.....,.."..tJr..,......... lit. , J ~:.c-..:rn't"\...~..... ....;.........:.. .."" ...:';'< ,.
"
CLEARWATER POLICE DEPARTMENT
OFFENSE INCIDENT REPORT
Page 6
Repl)t.t# 97-21713
NARRATIVE
sewer cap was stili .Intact. Thet.e was a slIght ct"ack in the top of' the
sewer line, between the cap and the house, wh~re the dirt was dug back.
They also checked the water main and the 'ock wa~ removed from the mater
area. They f~el the. residents were trying to tip Into the sewer.
. .. . . . '! ~..... . . . ..
I.spoke with the resident, Larry Benfer. who stat'ed'he.was dlSSHig to
plant a tree on Wed. and accidently struck the sewer pIpe. He .(~'t the
pipe exposed so he could repair it. He said this happened on Wed.
evening and Ofe. Lange responded at the time. I observed a dracena
plant with about a 11 clump of dirt, sitting near the hole. There was
also a shovel lying on a pi Ie of dirt. The pipe was down In the ground
al~o5t 21 deep. There was a crack In the top of the pipe and some water
was leaking from it. Mr. Benfer denied he was trying to tap into the
sewer.
Ms. King Issued Benfer a stop work-order for any further work on the
pipe. The city also capped off the water line at the curb. Mr. Gardner
made arrangements for a crew to run a camera through the s~wer "ne on
Monday, to detet"mlne If It has been broken Into closer to the ."esldence.
Mr. Gardner wl'l advise if it has.
The City I s. I n the pl"OC ess of a law 'su It aga I ns t the tOes f dent owne r,
Viorel Caba. Ms. King took photographs of the hole.
I verified that Ofc. Lange did respond on Wed. night when neighbors
complained about Mr. Benfet". He found Mr. Benfer trying to piant the
tree and took no further action.
-
-....",.-.:-~TJr
~
,'*}
NOTICE TO APPEAR
CO:MPLAINT/AFFIDAVIT - COUNTY COURT - PINELLAS COUNTY, FLORIDA
o
Code Enforcement
~
c telH ., ~ "/., ~ tPtlS~ HoQ cx:Re
Non-Criminal
,
v,';U;;:"lJtry DoS-
o.ruulaal'. N.",.ILul, Fit.l. 3oIiddl.1
CdrhAJ \!~
All..
Coun CaN Ha,
DOe Se. Rae. HI. \'1\. Halt Eps SiutI
5":'{J' -(,.f 11\ vi S I "If ;t3o JJ W. M
StIlt CCt't . County, FIoRX. Of OuI,cf.!lIIaltl
Local Addr... CSUMl. CIlJ'. Stall, Upl
I tt'lO f cttJlb~tJ ,D.....
P.rman.al Add,... CSll'ttl. CllJ'. St.te, Up)
T .lephcne
CJ ~""OtJ ~ I- F /.
" T.1ephcne
PIK. III ilot':1
....-
:J f~/J
c.1t~
~~
The undersigned. certifies and swears that heJwifI!l has just and reas~able grounds to believe and does
believe that the above-named deCendant on the a. 8"-dayof q~v ~C ,19 :ll, at approximately
I D ,UJ ~ .m. at ..{ in PineUns County did: ../ ck~
lXJ Vtb(m-fc- c. J-e 9..4-eiv ~ '301'. /.-+- '?" 1'..,- .N1INI4CD'A1. (fD 1-
H-o cJS;/ty C. J e t;J A,) if J Lt... fAil ,).; ~ ~ e. ~ f. } It- /t.)/tI,,,v I
SQA\l.(~u..y ra.c.! !tt/~S,~ 6.Jt t 11/(J,.-~t- '+ .5'~tw-e
Contrary to Florida Statute tt'i 0 PC'/v '
County City State Ordinance Aaency
Sworn to and 8ubsc 'bed before me this ,
~) ~ ~ day of V/t I hA Nt M. w" '1 f 1JS"~:C~d J-
TE R AN
~ Pubic. Stale of FIod:la
(&aI~~~U~ 10. 1m
Bonded nvu 0<<'1rid "tIIuJ.Intq
HIIOO) T23-() IlJ
NOTAR\" PUB
My CommiSSion Expires:
CODE ENFORCEMENT
You MUSI' comply with EITHER A or B:
A) Comply with the Waiver Information on reverse and pay
a fine in the amount of $ eo. 0 () for a
Category ::rz:c. offense within TEN nO)
calendar days oCthis Notice, or
B) Appear on the 'if day of S 9 22.
at 'f/l.3 0 A:m. at the Pinellas County isdemeanor FaCl'fitY:
14255 49th St. N., Courtroom "P", Clearwater. Florida.
NON-CRIMINAL VIOLATION
You MUST pay a fine in the amount of
$
within TEN nO) calendar days, or comply
with the non-criminal violation information
on the bottom ofthe reverse side ofthis form,
I agree to appear at the time and place designated above to answer the offense charged or to pay the fine subscribed.
I ,mderstand that should I willfully fail to appear before the court as required. by this Notice To Appear.
or pay the fine required by the dates set out on this notice. that I may be held in contempt of court and that
a warrant for my arrest may be issued. I hereby certify by my signature that the below listed address is my
correct oddre88.
C~ ..:-f-;. -f. R~ kb 1'/
tit
J970 'RQ .I,/t,,~ ()h
Add rea
?
Defendant'. Sianature
Dia:lribution:
WHlTS . Court File YEUOW. luuln.r ~rq PINK - Defeoo.nl
to CR 119cRc-v.7f'11941
WD21 A,b 17121194
V"-""--L
.~
~
z
~~~
~~2a:
~=OO
~< 3:
<~-
~I-
~c:(D..
~-' 0
~.O I-
l/"il.) ~ r:..... -> "^
.~ ~ ~ V~
UI-lu..O
~~Ol-
O~wa:
~..~ow
E-c -0
t-4 I- Dr:
u~oo
~2
u
w ·
(I
-(t'(. '.~ ...~.~~. i .:.~...
. . . c ,~,.' ~ .
..
Z
o a:
~ w
o ~
:; ~
1.1.. 0
o t
~ ~
Q 0
<< CJ'
....
~g
U.
z"
~:
-0
0_
a:....
OU
u.W
oU)
W>
0-
ow
U...J
U
a:j:
Wa:
~<C
~,..:
CC'lt
~a:
...JW
uti:
u..c(
OX
>U
I-
i3
a
LLI
~
o
:;
w
c
o
u
-
z
o
fi
W
~
en
i!;
La.
o
~
c
..
z
o
~
o
>
La.
o
w
a:
~
~
en
....
-
'e
2: Q)
o~
. ....
::Eo
. IIJ
Go E
.~
, m
~
...
. ...
IV
'"
IIJ
II)
....
.!:
E
...
IIJ
~
z~
c(...
X'"
~~
a: 'co
WCI
t-IV
S-g
o ~
2: ~
o '"
W IV
.... m
o.D
w=
a: .-
a:~
O?;
u-
IV
we
CQlD
...~
0<
:;) .
:a
W
>
o
ct.I
<(
o
w
t::
u
en
z
o
5
o
:>
w
i=
ai
u
e
IV
;:)
'"
,~
.S '15
~,e.
.i U
'0 '~
:!==
~ a;
l: ...
8 II)
Ii .
0-
.cU
... .
~.p
:I ~
.c,S:
c 0
o.c
'g g'
"0 'i
':; 0
C10C
.p .,
- .
-:3
"0"0
. II)
e.c
;:) ~
~ ..
Ioo~
.'0
.Cl C
C .,
., c
u 0
g 'i3
.g 8-
S.s
WI ·
C ..
&1:
CI ·
.. ;:)
o cr
.... CI
. WI
,Q.Q
CI =
'0 WI
e~
CI G
,Q ..
:i.2
= G
e ·
....
~ .,
.13 8.
I) as
o..,c
~ u
I! s
.,...
.s::
.:a
O.C
n G
~-G
WI WI
.5 G
. ~
-G=
>0
.c ..
"0>.
CI .t' '0
!5'~ ~
8.-G~
., ....
."Oc
., CI D
.j 1 i
i ~
-g i ~
;.1 e
~ii8
c
a:
ex:
o
aI
I-
Z
w
:a
w
u
a:
o
u-
Z
w
w
C
o
CJ
W
:z::
t-
>
ct.I
Z
o
i=
u
c:(
..J
ex:
"
w
.....
z
!:i
:;)
(I)
W
a:
::I
~
o
w
~
U
o
Z
w
~
Q
w
X
~-:
>~
mu..
cni
Z WI
Q...
I- 0
~Ll)
o~
-N
>CD
c....
w c
~.~
..J CI
W(I)
>--
00:
a:lW
c(~
~;:
t-a:
"':5
u-'
~u
a:u.
00
~i;:
"'u
Ww
3i!=
:;u..
~o
II
~'i
.. .- "0
>"2..
,Q .- -
II OIl
"0 ...!:!
CI a "2
> OIl ,_
'ii & >
u ,- ·
II ~ 3;
a:
..
G it
i ~
z J
.- 'It
I 1
.s J
_&
In
tz!
,..
o
>
ILl
a::
""
CD
LO
CD
I
N
(0
~
W
Z
o
::c
a..
w
-'
w
t-
,..
....
g
o
M
..
po
...
~
a:
o
II.
" I
,()
, 'f""'I\
t,.,)
,:
~ >
I,', .~If/
',,' . I
. ,
, "
I'
'\
. '
,I '
. ~. ~~... 0
.\-.,.....~.'....,.,....<,I":",'...,~~~(.~.... 't'~' .,_ ~"~-~'~'.;. ""~'+'." c'!' '~I,
, ~ht, Bill
From:
Sent:
To:
Cc:
Subject:
Wright, 811I
Friday, August 22, 199712:59 PM
Brennan, Roger
Chodorat Vie; Garrlottt Kevin; Shuford, Scott; Dougall-Sides, Leslie
1970 Rainbow Or.
I Inspected a complaint from Carroll at City Managers Office about the burial of human waste In the yard. Found
owner planting tree and cut what appears to be a sewer line on his property.
Mr. Caba asked me to give you his phone number and ask you to please call him and see if they can work out
their problem.
Home 442006031
Beeper 405--1201
If you have any qu'estionsplease contact me @ 4573 or by E-mail.
Bill
,',
Page 1
.- ...
"-' -
Dote j I \ 3 J ; "7
Received By ~
')
o
COMMUNITY RESPONSE TEAM
COMPLAINANT NAME:
COMPLAINANT ADDRESS:
LOCATION OF SUSPECTED VIOLATION: i.9 'J 0
(.\"'0'1\
PHONE:
(2 0 .\ '^ ~ C c....J () ("" .
l1'PE OF SUSPECTED VIOLATION: J-lo u s 2. W J 0 u..J C--1 \Lr a ~ ~~
.A ~ v ~ ~ L L.2 e- V ~ l\ I ,-I ~ ,e lvL '- t U ot eo 0 I A'" I h ~
I. ) r. Co- \- I \^A r I t""")~{ 0 C. '\ Y.:\ "j(.,c, I I C. u\ (' ~v\' ~LL' i,..J CJ b .. ..%3(;
VV~~.~.I'.J...~.T..~'ri..~..~.~~.........~.........~.......~~...
LEGAL DESCRIPTION ': 0 t WOo.' Q.1' " ~ i e.(" '^"!. be.~.
tQ..~ "v"d I
Gr<ID #: ATLAS PAGE #: Q P71
~ BLOCK: LOT:
PARCEL NUMBER:
SUBDIVISION:
ZONING:
.e...................................o............................
::)
, INVESTIGATION REPORT
NEXT STEP
-
RESPONSE TO CITIZEN:
NOTES:
V or N
DATE/TIME:
.o................................~...............................
lN~PECTORS SIGNATURE: DATE CASE CLOSED:
. ..................................................................
~ISSION STATEMENT:
To conslsfenUy. faIrly and Impaltlafly regular. established community Imago $'andolds and quollly 01 Ille JS$ue$ 0$ $0' torlh by
tho City's Code of Ordlnoncos. with an emphasfl on achievIng voluntary codo compnance through edueallon, communIcatIon
and cooperarlon.
9219.QOO3-GC * MrNTlOOV<<CtCllOPAP(!1 2-95
v
"
'. ,n c.. ~. .. .
PNIO-01 CITY OF CLEARWATER ATTN: ENG
PARCEL 10 13-29-15-82512-002-0120 PAZIP YRBLT/EFF fLRS TOT SQFT
1910 RAINBOW OR 34625 1954 1954 1,342
9l)ER'S NAME AND ADDRESS V P W G BLOGS == IMPROVEMENT
. > A, VIOREL P 1 01 SINGLE FAMILY
1~70 RAINBOW OR LEGAL OESCRI Pl.'ION CENSUS
CLEARWATER, FL SKY CREST UNIT NO. 8 266.02
34625-3565 BLK a, LOT 12 NBHD
LOT SIZE --> ISC COUNTY' 018
10,664 SQ FT 86 X 124
YEAR IMPROVEMENT LAND ASSESSMENT AS/FT' YEAR TAXES PO 0 TX/FT
1996 N/A N/A 58,600 43.66 1996. 768.38 Y N 0.57
SALE DATE AMOUNT BOOK/PAGE DT Q T SALE DATE AMOUNT BOOK/PAGE OT Q T
MAR. 1993 73, 400~ Q N
AUG. 1988 70,500 6823 2363 Q N
JAN. 1988 73,300 6667 2302 Q N
MKT YR BLDG LAND TOT VALUE ===== LAND / PROPERTY USE ===== HOMESTD LP
96 ~Q 200 19,400 58,600 01 210 SINGLE FAMILY HOME 25000 Y
A(c)RTGAGE.COMPA~ AMOUNT DATE MTG TYPE RATE NUMBER
~ 0002839629
SELLER'S NAME GEN REVIEW DATE BLDG REVIEW DATE
15-APR-96 15-APR-96
ENTER=FWD F1=DOCS ~2=BLDG F4=TAX F5=LGL F7=DIM F8=XFEAT F13=SKTCH F6=COMP MENU
,PNIO FOLIO HAS LIEN(S), PRESS <ALT> AND <F5> TO VIEW ISC
S/SQFT AVR
54.691.25
..lI:I HEAT SQFT
1,200
PBOOK/PG
30 79
t}JFo Ft:OM
,lorn C1 tf1.., /4;u>rZ.O ~ "
r:) (4b'f - '-f r7(" )
. (;1.
~ fh.J~I!.t:.0 J ~IIJG. . - f~o~ OCNtUCf2S /hI..{? Ilb~
( jTt1J~j2..:; '11 ~ Pl-t:PlilZ-trO i)IJW/71aJTJ )
~ 112..(!.,.J (1' C<!)ua'" t!. ~
-. ~C/f./r\/ r~fc..e-r7' A-r~M/.see.
(.,~
..
'_k.,..r..','".. t.':::: ,"'IIo~ H.~. '. . : ........ ~ ..i'/~, ~_' 'I. ~ ~~ jJ /-,uIO.........,..._".. .
, ~. 'r~_q_.......""'.I~_",,",.,..~........~._~......._. '
"... ..."'.....-.... ,...",..,........ ....i.... ......
~....-------~=- .
---
,.
.,
CITY OF CLEARWATER
Central Pennitting Department
INSPECTORS COMPLAINT REPORTIWORK ~EET
DATE RECEIVED: 1,..: RECEIVED BY: l C./
COMPLAINANT NAME: ~c. ~ <'" ~ (' ~ ..,.~ PHONE: 4~('J ~
COMPLAINANT ADDRESS: '~...}\\\..stlt;S c..U~M.~ ~~\L~ - l.~....,\\ ~lot-
lOCATION OF SUSPECTED VIOLATJON:--J Q10 (4..1 ,..)~Q~
/)
TYPEOFSUSPECTEDVIOLATION:~:.\..JJ~( or ~~r-.
6~~L- "TlE"""toJ \..J~ I
PARCEL NUMBER:
SUBDIVISION:
PROPERTY OWNER:
<:> ADDRESS OF PROPERlY OWNER: (if different than violation address)
LEGAL DESCRIPTION/RESEARCH INFORMATION ATLAS PAGE #
GRID# BOOK# PAGE#
ZONING: BLOCK: LOT:
INVESTIGATION REPORT
DATE:
..
FINAL DISPOSITION OF COMPLAINT
c COMPLIED/CASE CLOSED 0 UNFOUNDED COMPLAINT 0 COUNlY loeA TION D COMMENTS ON BACK
CASE FORWARDED TO:
INSPECTOR'S SIGNATURE:
DATE:
""
.
"
',...,". ,,':"
...." '." .n
From:
&~tft e~VJattt
~.' ....~...,
. ~......~~-
....~ ~::4."r..
Interoffice Correspondence Sheet
BRETT. GARDNER, PUBLIC WORKS SUPERVISOR II
ROGER BRENNAN, CREDIT SUPERVISOR~
tj
To:
cc:
.' -t ...". . ~'. .'" . \'.,. ," I..+":'~'... .::,." ,~\" j',;": .~~ :.,':'.::,' ,....
KATHY CHETOKA, UCS MANAGER
Date: Septemb~:- 13, 1996
RE: 1970 RAINBOW DRIVE I DISCONNECTION OF SEWER SERVICE
VIOREL CABA - 744-00156-05
Water service to the above address has been disconnected for non-payment since
November 14. 1995. There is an outstanding balance of over $2.000.currenUy owing for
service billed up to November 14. 1995. Several families are living at this address without
water service but they are receivina solid waste and sewer service without being billed
since the service was turned off for non-payment. Continued efforts to resolve this matter
(:) have been ignored and water service had to be cut and capped.
It is our request that the sewer service be disconnected. This would allow the Building
Inspector Bill Wright to condemn the property for habitat. We are currently in the process
of liening this property and recommending the City attorney's office foreclose on this
property to recover any expenses incurred by the city.
Should you need any further information please do not hesitate to call me at 562-4606
-
-
.'
P~t~,"f~~~...t""~"" ,", ~" '\""~' . \j".
f~
CITY OF CLEARWATER
HOUSING INSPECTOR'S REPORT
"
..../.
/'
-
ADDRESS:
1970 RAINBOW DR
ADDRESS:
VIOREL CABA
IJ70 RAINBOW DR
OWNER:
PARCEL #;
13/29/15/82512/002/0120
SUBDIVISION:
SKYCREST UNIT N8
BLOCK NB LOT #12
ZONING: RS 8
FACILITIES AVAILABLE:
WATER [Xl SANIT AR Y SEWER [X] ELECTRICAL POWER [X] GAS [X]
NO. OF BUILDINGS: 1 NO. OF DWELLING UNITS: I
o
. CONDmON OF BUILDING INDICATES:
UNSAFE BUILDINGS [] UNFIT DWELLING [ ] VACANT [] OCCUPIED [X ]
RECOMMENDED ACI10N: REHABILITATE [X ) DEMOLISH []
HOUSING INSPECTOR: BILL WRIGHT
.......................................................................
Inspection was made at the request of City of Clearwater Water Department. The
following was found to be in violation of Standard Housing Code due to prior
disconnection of water supply and sewer. All corrections must be made within 7
DA YB of receipt of this notice.
309.l DANGEROUS STRUCfURES
Any dwelling or dwelling unit which shall be found to have any of the following
defects shall be condemned as unfit for human habitation and declared to be a nuisance
,and shall be so designated and placarded by the Housing Official.
. \0
1. One which is so damaged, decayed, dilapidated, unsanitary, unsafe, or vermin-
infested that it creates a serious hazard to the health or safety of the occupants or
tile public.
2. One which lacks illumination, ventilatio~. or sanitation facilities adequate to protect
the health or safety of the occupants or the public.
1
~~'lf.o,:T~~*f;M;.l""li,.....u'<..-'q..,...-- " .
. ---~~-............._.,..~.~..>."'.... ~,~n , ._ . , ..
.H~. ..... .'_.
..........~...~..+.-I;....,...,...,.>h..~.'''~..-1o.,\.'''''.... ..... .."'.....,".~. ,'. .
c_i'"' .,\. ....."', ,:~ h". '..
0.
. "l:)
.....'
. .
~ 1
"
.
J .
. . .~. - , ,
. ~ 4"'.j/_~"'u~_~~~_.."""..~.._~.,,_,'.~"'.~'.'" .i~ ~''''. .,...~." O. . '...
309.S OCCUPANCY OF BUILDING
No dwelling or dwelling unit which has been condemned and placarded as unfit (or
human habitation shall again be used for human habitation until approval is secured
from and such placard is removed by the Housing Official. The Housing Official shall
remove such placard whenever the defect or defects upon which the condemnation and
placarding action were based have been eliminated.
OCCUPANCY OF THE BUILDING IS IN VIOLATION OF TIlE LAW UNTIL
RESTORATION OF POTABLE WATER AND SEWER SYSTEMS IS
RESTORED. NO ONE MAY OCcupy TIIIS STRUCTURE UNTIL mlS HAS
BEEN CORRECTED.
.2
-~
--
-----
- ~
"
. , . CITY OF CLEARWATER 'j; ~ - '19~ If
--:- ' Central Permitting Department
DATE RECEIVED: ~ \ q L..-- RECEIVED BY:_
COMPLAINANT NAME: C f{.. \ PHONE:
COMPLAINANT ADDRESS:
LOCATION OF SUSPECTED VIOLATION:-.l:l:J 0 ~~l \oJ "e;.ovJ
lYPE OF SUSPECTED VIOLATION:j0~ ~l'.(,\-e~ I 7-t"'"~~) c? r -\-~ ~le..l,/\(_
PARCel NUMBER:
SUBDIVISION:
PROPERTY OWNER:
r:) ADDRESS OF PROPERTY OWNER: (if different than violation address)
LEGAL DESCRIPTION/RESEARCH INFORMATION ATlAS PAGE #
GRID' BOOK# PAGE#
ZONING: BLOCK: LOT:
INVESTJGA TJON REPORT DATE:
-Ho-.! tUllt-e..~ ~,~ fl....y.h ~'t (9t, -'.., f"j-)
FINAL DISPOSITION OF COMPlAINT
o COMPLIED/CASE CLOSED tl UNFOUNDED COMPLAINT IJ COUNTY LOCA liON tl COMMENTS ON BACK
CASE FORWARDED TO:
~
... M
INSPECTOR'S SfGNAWRE:
DATE:
,
'""
.-'''''1"
-
._----------------~----~--~.,.._---~~--~------~-
.. '
. t ,t..
. r~~flf~~~r&<'&? ~~A~~~~~J'~~~ ~~;:~_~~-;:,. ,. - _'..;'.'7M~..
~:(':\.\J"" i}+., ...~; I..,..~~........... I~...tl"'~/' ~.';........;.i~.f.....~.1.:~...;.....~,1..t'...r.r.; ~"J'~
I rl.' ~.~. .. ,.... t-..... . ~,. ~ '.,.:'. . 1" ....,,'"t.,.... ....~..~!.J..l:;.. :...'.'. ."T;, .. .,.
..'.....t.....'t 4t\.... ....T ....r,.> '.,"''' ~ ,1..... . """,, ."..-:-,...~.\..':'i.-, ~.: ~ .,
, :.' riJ' .~f": ':,''''' "r. ,". ' " - ;.'t tt")t~, -t',. .~...,'.!1.'. W., "
";. ............... . I ".1 _.," ........ ,. .~"./ .r........: ~
.~. ...~,1. ~9..'lo"~." ;,. " .. ...., ~-t..." ".....~ '." ,
AFFIDAviT.lOI: 'VIOLA liON AND'REQUEST FOR"'lf~~I~~~::'>:~'~'~.,'(' ~~~.~~.'~ ~.
., "'~. 1..':i>f( . J.o4l'.... .~!. ./.... . ~
" ',;, ~... : l ,::... ~i"'\ · :\'';'' ":' t: ~.r: :, .,.,.. ;,:;:) 'c,.
, ~.... . 'ri ,......;.'.-.'0
.'~ ... ......-::..c,..r. '..;-L:.'J:f;C.....
Address
...... ~,
SectJon(s) 01 qtty Code' which ha~ ~n violated
~ ,'. ,9.,. ~ . . .. .....:;;i:\t\..~,;.;.: . $'
30 t . 5 . I ;~.:""" "..
(
, f....
... L
(Stall)
Q..~'. & UM...I~A.Y
I
~ ~ .
,
..
1996
1996 (Oxal) phone with owner) 9/24 , 9/l7/~
..
...
in bou..' witbout
water
.1
or
.ewer oonnected.
....... ....t
, ~. 1" -. ,
, :: !\~ ~..' ! . .
',,: ,"~.:-:=-:,..,..
_~ .;~~~.....~ .w~ :"-:r:r~11~E-;.
*1'1 ~,......jW, "" .".;:.. .:_._.:.~I.~},,~ .
. ~ \.. ~..-:..., . .... . J. :.,. ..."
T~~ I,,":.......--...;:y"":.~~ 'Ii, ~ .... '.' ....~~'~..':l'" .L+' ... ...,:-~. ~ ..;~\~"':r'.''''
'h.-.,ir'J.-J...,; .41'"~'",, .-r
I' ,'..,.... ..
.. . "~'IIL~.'" ~. .....::~ . ~I: ~ '.~;..."" .w. ,. ~ ..... ...~'...~. ,~~ I . '.
:.:.. Yi~- " ,t.~ :~~ ~~:~~..~:-: .,~.~~...,~, ~ . .. >:~r:'t~.~ 1, ;"\;~~ . :"" ~ -":' . ~ ..
,~...!~ ..; ",~...,:.,.,- ~ ... .. i..... Pt.,...,.......J.rI.."'w .' -
4' . r~: It c~ ~.' :.....: ~.;..\~:' ~ . .. :~i~~~"':' ..
. ":"H ...~~,~~>....", _ ......' "~'L-,,\~~~:*=,'~,-"" .~I
- ..., t~ ~~1.~~"~n' .,.:.-_...-. -:.- _.~.... !.....~""..'1- ... :.....1' ~
. .. . : _..~ .~.....{:~~~~ .. .. . . .,;'~v;"_.~.",,,~.:'L. ... ~~ . -
~. .:t; "ii~4?1~L~ ..... ..t.~~~:~;.of-.:.%...... .~....
".. c =-1!...~..~..- ..' Jli..'"
_...:t ~ . . ~
. ~."'. ~I:..... I} .. .
..\....;"'o.~ r',.; J ,"
'1 !".~Ii:{_____.:~.."'~~
./ "'j .~ ;r ,.:., ~ .
.... .. """;.1' ;.. r\:, ~ ,....
. .; ~ ..po.
': .. ~ ~'.';:
:-- :10". I t-..+":,,... _... I
_t~~.~;~ !':~ ....:.~<~~.~~.:' ~
J."J...'r: .
. J...........p.i
t ..., "':. ....
. ..... ~'."'.' .
..... .. :.'. -
.~~.... ~., .... ,..~.~,..:.,,~:~; \' ......: <~
': '" i, r.i....~I.._.~ .
., .
'.
.~
.;..
t,o.
I
......
. ,
WHrrE - Clly CIer1t'lI OffIce
YELlOW - Vdater'a Copy
PINt< - CIty ""<<ornoy'. Copy
GOlDENROD - Oept. Copy
'~
..
......&..........LI...
-
Jl __
"
C I T Y
o F
CLEARWATER
NOTICE OF VIOLATION
.~
DAft or NO'l'rca t
DAft or IN.nCTIOH:
XANI: or nRJOIf OA au.nc&"t
IAILDfCJ ADDU"I
elft : Ct.V.PJfA1"D.
OCTOBER 14, 199,
'I~ENB&R 30, l'P'
ytOAKL CAI.A
U70 MIIIBOIf DR
ITAT&:rL
ZIP: 34625
ADDJU:.S' OP. LOCATION or VIOLATION: U70 RAINBOW DIl
LEGAL DESCRIPTION: SltlCREST UNIT 8, BLX B, LOT 12
PARCEL 1.0. I: 13/29/15/92512/002/0120
THE ABOVE NAMED LOCATION WAS INSPECTED THIS DATE AND FOUND TO BE IN VIOLATION
OF THE FOLLOWING:
CODES VIOLATED: City of clea~water Code of Ordinance Chapter 47, Article IV,
Section 41.081 , .1.083 (2) and Article V Section 41.111
NATURE or VIOLATIONS:
PZOPLE LIVINQ IN HOUSE WITHOUT SEWER AND
1t\TZR, AN UNSANITARY CONDITION
THE VIOLATIONS CITED ABOVE MUST BE CORRECTED NO lATER THAN 5:00 10 DAYS AFTER
RECEIPT BY CERTIFIED HAIL.
.:) FAILURE TO CORRECT THE ABove LISTED VIOLATIONS BY THE MTE INDICATED 'WILL
'...., RESULT IN LEGAL ACTION BY THE CODE ENFORCEMENT' BOARD or THE CITY OF
,'. CLEARWATER. (SECTION 166.06(2)r.st
aEClrvED sr: Certified Hail I P 113 .64 574
(Signature 1ndicate. only that I eopy of thl. notice ha. been r.celv~, and doe. not 1n anyway
Indicate ad.l..lon of guilt or concurrence w1th the In.peetor'. t1ndl"9'.1
J)KPARnt:EH'l's
INSPECTOR'. NANBr
ttLZPHONK NVHBZRt
XNSPECTOp,IS
CENTRAL PZlUaT'ttNCI
BILL lIRIGH'l'
(813) 562-4573
.{jJdl ~
~ ~~fI
I 1"'1
1
! '
I
~'!lWt~"'.Y~~~Ji~~,...l~""O + ~ " 'i-..
.. ~~."".#.lbM.~.~""~' ,
~
. ~........,....... U... .h.....-...,...I......'......___..--'M~. ..
.
--:. Central Permitting Department
''lOATE RECEIVED: 7ltrff t, ~CEIVED BY: v~
COMPLAINANT NAME: ..kb ~~: : &.,~... _ _ PHONE:~"J~
COMPlAINANT ADDRESS: i1+J4~~~ ~
LOCATION OFSUSPECTEOVIOLATtON: /C'f7(? P8J)./~J..~ O~1 'L.4I'_
lYPE OF SUSPECTED VIOLATION: U~~ ~~~ ~
~ .;?7{~ - /h'~ L,., V;~ ~
~J.,. ~ 1h.RI- j!:J~ - L.J~ ~~ ~
~ C.AA_~C~a./ ~ ~I .~-A'_~
CITY OF CLEARWATER
(,10 - 3u3~
PARCe. NUMBER:
SUBDIVISION:
PROPERTY OWNER:
. ::)ADDRESS OF PROPERTY OWNER: (ff dJfferent than vioJation address)
LEGAL DESCRIPTIONIRESEARCH INFORMA110N AllAS PAGE II__
GRID' BOOK' _ PAGE#
ZONING: BLOCK: LOT:_
.' - 9-. ~ . F: ;~~:::--.- INVEST1GAn~N REPORT /. DATE:
.~ ~ A ,.....";~.) ~.;.. J' .::- .,. ~ J.. t" ~ ~ C'b ~"Y
I
" II. .jt..~r":i. f" At" v L' t ~~ ,
.~);. ~ ..41.
Q-''J,9"
-/)~9b
a-f-
s fop
~ /CiJ
_ ')'2 //V/.'
~~
~
ANAL DJSPOSmON OF COMPLAINT
D COMPUED/CASE CLOSED c UNFOUNDED COMPlAINT a COUNTY LOCATJON c COMMENTS ON BACK
yCASE FORWARDED TO:
4 ~
INSPECTOR'S SIGNA TURf:
DATE:
~..
':...." ..i.,.{I1i...
." ,.. T
r-
z
o
~
1.1..
~.~.
...-
-
-
I
U.
-
'":1 .
/~~;i:{.~" "('.
/. ,~~ c: ;;1' ~ .
'.". ;"":;,
. I~:'J~/ ~
.Ij~:.~~\:.
~~ .'
. :' ;'!:.'. ,J, .
":<~: ~< '
.<~
. :,:,';; ..
. --------
,
;:0-.....
. -.
'j
-
C\l
I
U.
-
, ,
'0;- .: ~
1,'"
.,.' I
. c. '!.~:' .'<
~ :\,
".:" \:.'~,~~i~
" ~;';;l' .
.. ,t'f~ . "
" 1 '.'
,:.~~~;:;. '
'tot'..
" , {
. f"~ . . "
.~
, ,
.. ~; ,
~'~{~;:. .
.r..' JI~ 0: ;..;. '-;~, )
:iii" ~ I(~!~p-~ "~'~:",,,,"'I~c.~
}1'':~ r ..,....-,..0(""1""./
....i.. ...:.r'.f; ..;.... ~t..'~"', ",
,'..Ill . ):),.. '1;<.., ,.J. .
:;j.t ~ ..~~~i..~"~ ::~.I .r
~; ~ ~r ~~-tA":- '.;..~ ~.
. 'Ift"'.~:''''~ .m". ,~~ 'a.~, I' .:~ ,
::;; :~.t~/~' . 1~ ~~,~ :.t. '.
~/'~~~~l~~.. ';{:"~.I~~~:{,'~' ,.
'. ";f j I ~.~... .1(::. \~ _~.. :~;- i,~;l ~
, , ~f:~it' ~ .~.~. "', _'Vt>.t .
.;o:~..' ~"'h'~ ..... 'iI ,-., ;f'..... - \'"
~. oJ'ir'} ~ ,..' ". ,1"', ',,' "
~'. r" ~ t !;~;~1~"''(~~\~':f;{ ,.... }
,.~~~~,{:~>(- ~;;:;::,fj~'hifhlf~'" :~l~
;i I"'~',,",., it'; ~ Io",,'~: ;.., [.._.~,",....u .., I ~.~i
1. .,.,.-. .,' ,.'\ ..:. ;,t... 'l." ...,-<t .....
.1." ~t...:;:r... I.n"f-.....: ~....-:J..:-.~..J.Y:.'....,.~...~
)' .1..'~~Lr'."j',.,! ,> '/,! ....{,~'~.~~,. ,iX.:;.!
. ~ ""~'~IL"'~:[f.J"'" l1'. '~', ..'"'l:~
.v ~'" ...~ '.r.~.... .; .'~l"(r 1 ;,..., ,,""
<<. ~. ..... h- :..... ;..' tf" It, Ft, '",:.' I( , ~~(-:r
"' ':I!.Il:.tH ;J-. "'.,/"J....,,:.,......;::"",:
'I" .~....... ^.~Jo'l'.. '.....~'I'I.. r~""..~
~i... ."':',.~':t:; I ,....:,~i../. 'T.\~~ti~f;l:rl'e .",.j~;,il
,1'-. ~:~';!~."'lr'l. :~",.t'/.i~ ...I.:.:~.~~t'..!.:~; t ~'.1.W~
I"'t\t tf}, ..1~l: ",~\..~,""i" ..-..\ . -:t':.:..o;t'J1oo; ,f.," !
'$ .':.:~..~,...,~::J~~':.':; ,~:!.,.;';';~',,'.~y ,"~
oJ'" .... .~'.... \. './"'f' . v ~\ .~.:1.- tI"t. '(/ ,'.J" ~ t""- .
'!.i,'~ '\iI."" 'r.!'~; ."~, 'I~ .~,~ " I........' . ,.
;<' '" ~"'-. ~"il'" .>: ~.y~4I.'l' ..~
~.:.It ~ l.. ;...~J(~t.!-;.":.\'..::~..,i'. \f,.}.;,.~~-:-__q.~.. . t '1
...... ]j~.J ~::. ,:~~flr.'t';I;';': :..,;;.?!~,~....- . :.~
.f.~' . I "..~r~..~) )' ';.\\t.,"," """ j,". .
[~:;:!'. ~~t~~~~~!. :~fd~'~~;~ JY;II'\~;
"'l.."1i .'i :"'-;'. J7ii~~ -\. ~r'-
r.ii1}~~~;~'~ ~~:~:,x~ ~.ill~'c;~~.
.,', i~ .;i,' C~..r, ..~Ar.ol"7JN.""
:v,,~"" i",,~ ~..~ \):.I'I~"":::L,
~~..~~t",~ .'< \~~- 4...l.~~~~~r.~t~~
'.
- -
lIttl...lllll.
~
L __,
Tl ~_
&
~
".., "I"
.It ,..... .iIf ~~~
~~:'....:.~...,
".. .~.... ~\ ..
'I .,~
.~ ,
~.,.. '": -
",.,,~ 0'
-. ;'.~I:f~.I~.:..~
.;"..~~..
.::.~r,;
~.' ,.
'"i,
. ~!
. I.
. .
'.-
. ..\.~. >",...!".:,>..
:~~:'.J' ;:.
.. .~.~...~,,' ",;~: ~,; :)~,~~;,:t' i,..~. '.
,,'
'~"'''''R '\
'..,~.>.
..
.~ '
'\ .
...
'"
..
.~ ~
I .'~"
. .~';V .
(F-3)
.J
,
:..-
-~ .<-,'-
..~~--
V f
'", ""'-IP'~'~\.~~~, I
'.'~,
"'il!;
'.~"'.,
.- ._-~. .-.,-,,-,.,~.~ -.-- '" -
I. '.i.r-f:c:...::.........
(F -4)
....
-
arll.ll.-a.__1
(W-1)
.
. \ :1'....(....
~ 1~ ,.\}::'~ '~: :j,~ . ."t~:i .
;",*,~J.~;;':;';';;51t':"t,~:~~,J" "
. I .~\~~..\..:....a.liB.1j.~,1t
_I ",Ll
(W-2)
ilL.'
~--~_+.._"T ~ t
-
-
\
',_ i
, "
(W -3)
, ~t}~~:d~\~"fS:::~", ~ " "
~/Al'~""'"?"" ..!!" ,J, "
~r:~;'>\:,i;') ;::':~:\" ,: I,: ;:,
,.1" ...j' \' I
:!~:~F~:i:':H:."
'S~::'l:: '.~,:,:..' '.
, . > . t.' , ~'f
I
\
. if..
.~. t
., ~,",
"
'"
~
..........
.....
.bd_ L~
~_._.- -=---
~
(W-4 )
~
"" '~""';l;i ~~;W~~. ,....
. , . ~ . ~..~....~.;.\}..Jf~~i1J1Jf
,,' ',I :,,:,::;.;;1l;!.;.{<~\,.4Y""')~~.,;,_~" '
-r;". '
r-"
"
~
, .
OCT-21-1997 14134
CITY ATTORH:Y'S CFFJCE
813 462 6426
P.01
'.,
It,,( ;P ..,
b.lA.
IS
.
IN n;e CIRCUIT COURT IN AND FOR THE SIXTH JUDICIAL CIRCUIT OF
THE STATE OF FLORIDA. IN AND FOR PINELLAS COUNTY
CIVIL DIVISION
STATE OF FLORIDA
DEPARTMENT OF HEALTH
. j .1 ~.,
CASE NO.: 97-6087-CI..8
PlaIntiff,
va.
VIOREL CABA,
,~. 10.
. '; ,01:' ~ [,-='
.......~,
l-;l I'~,,,
W....~~:.
...,." .i1
~.,:... ,.:"
,.. ill
, .. ..
......~ fll
..-.. .--
'Respondent.
I ..~~..:,~.....~ '.._'J~.
n :-'.~
r-.1
-..\
.~ in
..f...'.' > _
, '::::. , :::::.:~ '-:
..~. -
t") I. t.:":' ~. :7 . ..
~ ~"c\+" ill ~
THIS CAUSE having come before this Court on the Department at.; l:'>' 2
Health's Complaint seeking a temporary and permanent injunction. and the Court
having heard the testimony and considered the evidence; and being otherwIse
fully advised In the premises finds as follows:
, '.
I.
.
--'
. .
J . ....:1
. +. .
:,,-
ORDER ON TEMPORARY INJUNCTION
1. That the Defendant was notified by the City of CloolWater that the
property at 1970 Rainbow Drive. Clearwater, Aorida, was deemed unfit for
human habitation due to raw sewerage pooling on the ground and that the
sewage problem was and stili remains a sanitary nuisance.
2 That James G. Annstrong, Ill, of the Environmental Health Services
of the Pinellas County Health Department, provided to the Defendant, Vloral
Cabal on or about August 29,1997, the OfficIal Notice to Abate a Sanitary
Nuisance existing at the property located at 1970 Rainbow Drive. Clearwater.
Florida.
I'rlorW .
Phon. 's~ :z ... .yOlO
Ful
"'11'
- l__..._
."",,~
I
O.,.jfjCIOfll
TOTf=l. P. 01
""--
"'--
,
t'
,i
OCT-21-1997 14:35
CITY ATTORNEY'S OFFICE
813 4&2 642& P.0!
.
-... ~
Orderllnjunction
State v. Caba
Case No. 97-6087-CI-8
Page Two
b.lA.~
)3
...
3. That the Defendant Is In vlolatJon of Section 386.041 (1}(a)(a) ofthe
Florida Statues because of hie maintenance of a sanitary nuisance Injurious to
. health on his property which Includes untreated or Improper1y treated human
waste and the creation, maintenance or causing of any condition capable of
breeding flies. mosquitoes or other arthropods capable of transmitting diseases,
directly or Indirectly to humans and his failure or refusal to abate the sanitary
.h . ...._.-J...~....._.."' _... .11 .
nuisance. .:,_ ~;:' r~. ("~-t,-=
It is therefore,
ORDERED and ADJUDGED
1. . That the Defendant, Viorel Caba is temporarily enjoIned from continuing to
violate 386.041 (1 )(a)(e) of the Florida Statutes, by his maintenance of a sanitary
nuisance Injurious to health on his property and his failure or refusal to abate the
sanitary nuisance.
2. That the Defendant is hereby Ordered to forthwith abate the sanitary .
nuisance existing at 1970 Rainbow Drive, Clearwater, Florida.
DONE AND ORDERED In Chambers, In St Petersburg, Plnellas County.
'l:nf
State of Florida. thIs -=F=- day of October, 1997.
CIRCUIT COURT JUO
.............",,\\\\
Copies furnished to; f~\)}.lf.9~", Cartified a M and COI'TKt copy of the
Barbara McPherson, Chief Legal Counsel # ~.,.~, ..~'~ origilY.ll as fj.!f1 on ~ 1 day Df
Vloral Cabs ~ : lt~ -: I:( ~ -=.JlCL 7 19 1 19_
:;:1!~ ...:;J : f.~ r. f\.Ibhc: ~(O/"J, (oF FlrY:lku CQUrrly, FlorldQ
. ~ ~. ... ~ ;: r.,"\,m.E~N " Do>> B
l/~~ ~o_ r-c
, 'of'.......... 'c": - PI,
I" "ao~.:.--
,\",,,,....'
TOT~ P.ell
"......'~..;....H~:,.< j'~..'. ~.; ',,' :\..~.~'f,.'.v................,~. .
.\ u ),u.:J.j:OX"IU~?E;~~'iY.t-4~,'1~"j, ~.~" ~
L- _
&
--LL
~
~
. ':.;\ ~,; . .
,~
I'
,J
, I
j'::i,~~'Si';:1'lt>;>,Y~i i;!tti!~:ffrr, ;!~: / ,:' · '.:.',"'"
:" ~:' ,
,.
:.1
"
Item #14
. \ ..~
.' ,
.,:'"
. ,.
< ~ .
I'
~ 1~
"
, '
L,
'"
t -.
,". "
"
"ii.
~ t.? .
i')"
~ .. i I ~
: " ~ ;;.
'~'t. ..:
:~ 1 .:
./ . !;.-.
,:('..,'
;;,~: ;~' ': "
i:".:.:,'?,'
':
,;- I.
,-'
..j....
I f'
IY
ORDINANCE NO. 6179.97
AN ORDINANCE OF THE CITY OF CLEARWATER. FLORIDA, RELATING TO
THE FLOOD DAMAGE PREVENTION REGULATIONS; AMENDING SECTION
51.03 DEFINITIONS; PROVIDING AN EFFECTIVE DATE.
BE' IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Section 61.03, Code of Ordinances, are amended the definition of substantial improvement:
Substantial Improvement means:
(1) With respect to any property located on Clearwater Beach or Sand Key. any repair. reconstruction,
rehabilitation. addition or other Improvement of a structure during a five-year period. the cumulative cost of
which equals or exceeds 50 percent of the market value of the structure before the start of construction of
the improvement;
(2) With respect to any property located in an area of specIal flood hazard other than on Clearwater Beach or
Sand Key; reconstruction, rehabilitation, addiUon or other improvement of a structure during a one-year
period. the cost of which equals or exceeds 50 percent of the market value of the structure before the start of
construction of the improvement.
(3) Exception: In determining the cumulative total cost. nonstructural interior finishes or roof covering are used
onlv In the case of determining substantial imorovement for a slnale Imorovement or repair. The
nonstructural interior finishes or roof covering Improvements will not count as the part of the cumulative cost
In future profects within the scecified time frames in subsections (1) and (2) above.
i
I
,
For the purposes of this definition, construction Is considered to have started when the first alteration of any wall,
ceiling. floor or other structural part of the buIlding commences; whether or not that alteration affects the external
dimensions of the structure. The tenn Includes structures which have Incurred substantial damage, regardless of
the actual repair work perfonned. The term does not. however, include any project for Improvement of a
structure to correct existing violations of health. sanitary or safety code specifications which have been Identified
by the bUlrdlng official and whfch are the mInimum necessary to ensure safe living conditions. The tenn does not
Include any alteration of a structure listed on the National Register of Historic Places or the state Inventory of
historic places. provided that the alteration wlll not preclude the structure's continued designation as a historic
structure on such National Register or state inventory.
Section 2. This ordinance shall take effect upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND
FINAL READING AND ADOPTED
October 2, 1997
Rita Garvey. Mayor-Commlssloner
Attest:
Leslie Dougall~SI s
Assistant City Attorney
Cynthia E. Goudeau, .
City Clerk
Ordinance 6179-97
~
-
p . , " -' ~ (t I.
15
ORDINANCE NO. 6192-97
AN ORDINANCE OF THE CITY OF CLEARWATER.
FLORIDA. VACATING THE 15.0 FOOT UTILITY EASEMENT
LYING BElWEEN LOTS 16 THROUGH 23 INCLUSIVE.
BLOCK B, CLEARWATER BEACH PARK FIRST ADDITION.
. AND LOTS 12 THROUGH 15. INCLUSIVE. BLOCK A.
CLEARWATER BEACH PARK FIRST ADDITION REPLAT;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Robert E. Heilman and Heilman.s Restaurant, Inc., owners of real
property located in the City of Clearwater, has requested that the City vacate the utility
easement described in Exhibit A attached hereto; and
WHEREAS, the City Commission finds that said easement is not necessary for
municipal use and it is deemed to be to the best interest of the City and the general public
that the same be vacated; now, therefore.
BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER. FLORIDA:
Section 1. The following:
15.0 foot utility easement as recorded in C.R. 4216. Page 1406. and lying
between lots 16 through 23. inclusive. Block BI Clearwater Beach Park
. First Addition. according to the map or plat thereof as recorded in Plat
Book 15. Page 80 of the public records of Pinellas County, Florida; and
Lots 12 through 15. inclusive. Block AI Clearwater Beach Park First
Addition Replat, according to the map or plat thereof as recorded in Plat
Book 21. Page 21 of the public records of Plnellas County, Florida.
is hereby vacated. closed and released, and the City of ClealWater quitclaims and
releases all of its right. title and interest thereto. provided that the existing private
easements to GTE Frorfda Inc., GTE Media Ventures Inc.. and Time Warner
Communications Inc. are granted or retained.
, Section 2. The City Clerk shall record this ordinance in the public records of
Pine lias County. Florida. following adoption.
OrdlnsnC8 No. 6192-97
, . ,
jI '.. ,', '
f'
"
. .'1
, .
, ,
_".: : !,'J':r;~,: \,,"('.: '~..T."~Y:, I ~""'.>~' ,'. ". IT-'..r'~,",,,,' _ ._......v.-iWA+, ~ &' ....., ~T.i. ........U..
. '.
. I'
,.,
,,'
'~.' . C . I.
.I,e. '. (
'.
,'~ .
'"
, .:
", I ,
.~:;~; ~ . .
"',T. ," .
.," ,
5i;:'"
\1: I .' .
."" ,
-. "..
"I:.
, '
; ':,
\ " '
.....,c
!<':,.',
I',F:.:". "
r _t" j .
:!.:~" ~ >
,:\,:"; ,
.I{~ . .
T '. >.' "
15
Section 3. this ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
, ,Approved as to fonn:
, <9? ,~~
, c
. J9hn Carassas .
ASsista~t City Attorney
{.
, "
,
" '
,.
--'~~A'~~\t.+>"~41'j,\i;~,!4il"~"--''''''''~ ,." , ,
October 2. 1997
Rita Garvey
Mayor-Commissioner
Attest:
Cynthia E. Goudeau
City Clerk
Ordinance No. 6192-97
, ,
,< c_....____~....._..+...........;.,....._*"'_.a..t....~>l.
. ... ...."h.... .........._...,...... '.. ~.~. "., . " r .._ T . ." ~,,.......... ~....' u~ ~
~ Exhibit "A"
NDRTH
NOT TO SCALE
LEGAL DESCRIPllON OF EASEMENT TO BE VACATED:
The 15.0 foot utllfty easement os recorded in C.R. 4216. Page 1406 and lying between
Lots 16 through 23. inclusive. Block B, Clearwater Beach Park 1 st Additlonl according to
the 'map or plat thereof os recorded in Plat Book 15, Page 80 of the Public Records of
Plnelfas County, Florfda, and Lots 12 through 15, incfusive. Block A. Clearwater Beach
Park First Addition Replot. according to the mop or plot thereof as recorded in Plat
Book 21, Page 21 of the Public Records of Plnellas County, Florida.
IS
Vocated 15' Alley,
Retained Utlllty Easement : f'\ ~ i 1
er O.R. 4216, Pg H06 i...J ;..
Lot 2.4.
'00.65' '10.1'.
S Lot 23
rJ ~
Lot 12 8
lU g
:::> B ~ Lot 22 Lu
:z rJ ::>
~ :z
f-f !5!
<( s C/) Lot 21 ..., <:(
~ ...., 0 C\J
CO 8
Lot 13 4V
Q) tw) 5/
B Lot 20 bD & <('
>- ~ t1. td
<c:( Il.t t=
..
-J tJ 10" C\J
<;( uJ
0 8 r3 Lot 19 .., (I)
:z ~. ~ p:j Z
<( 0.: B -
Lot 14 0
~ S g D-
S Lot 18
fj =<
EASEMENT VACA nON
REQUESTED BY APPLICANT
Lot 1 5
B
g
1'0.71.
s- T-R: OB-29S-15E
Grid: 267 A
THIS IS NOT A SURVEY
HEILMAN'S
Voc97-15.dwg
Drown by: PWD
Date: 09/02/97
Ordinance 6192-97
J
j.
.t .'
'. . .
'.. .. '. ... \' . .. .~,...... -.- ' .."'" , ...c........ L ~
ORDINANCE NO. 6194-97
/~
)6. \CQ. Q'7
AN ORDINANCE OF THE CITY OF CLEARWATER. FLORIDA
RELATING TO THE ENVIRONMENTAL ADVISORY BOARD;
AMENDING SECTION 2.160, CODE OF ORDINANCES, RELATING TO
MEMBERS; PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Section 2.160, Code of Ordinances, is amended to read:
Sec. 2.160. Creation; membership.
;
I.
(1) There is hereby created the environmental advisory board of the City of Clearwater.
(2) The board shall consist of five &0'.'9n members who are residents of the city.
,(3) Appointments shall be for a term of four years. A member. Including a member
initially appointed for a term of less than four 'years may be reappointed for not more
th~n one additional term. Members shall serve without pay.
Section 2. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Oc tober 2, 1997
Rita Garvey, Mayor~Commissioner
Approved as to form:
~~ln. City Attorney
Attest:
Cynthia E. Goudeau, City Clerk .
Ordinmcc 6 t 94 .97
~1!!.lIo>~"'''''''.:'v,~~'"';,..''.... <". ~".~ "." "'\.~'''~~>F'~'~~''.I''''''''''''''~'' ..., .
, "., ....H'__.......~ H.....-L..' _4 ~....
~
,,-
J'
.. ,. .. . .. '~: ~ "..: ','4; ",!'. . . , ....' .'.
,
j
'. .......... ...~... .,~ ~"".,~,"~.-" . I' ~..'....
\0. \~.q'l
ORDINANCE NO. 6195M97
11
AN 'ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA
RELATiNG TO THE LIBRARY BOARD; AMENDING SECTION 2.192,
CODE OF ORDINANCES, RELATING TO MEMBERS; PROVIDING AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Section 2.192. Code of Ordinances, is amended to read:
Sec. 2.192. Composition.
The library board shall consist of ~ 44 members, all of whom shall be permanent
.. residents of the city.
Section 2. The membership of the Board shall be reduced upon the expiration of the
term of each of the next two members. This ordinance shall take effect upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
October 2, 1997
Rita Garvey, Mayor-Commissioner
Approved as to form:
Attest:
JJ k-~ .
Pamela K. Akin, City Attorney
Cynthia E. Goudeau. City Clerk
, .
\ .
. ,~ .
Ordinance 619S.97
~n1J 1.I;'-1f.t~.~~~'::::~,:.i '.'" ''''}.,Iv...J...-ol',:tI:-.-~..-"",,, ,- ,
- ~~-
." d,., 4 _ .....
\1
ORDINANCE NO. 6196~97
AN ORDINANCE OF THE CITY OF CLEARWATER.
FLORIDA; CREATING SECTION 30.054 IMPOSING
CERTAIN PARKING RESTRICTIONS WITHIN STREET
RfGHT-OF-WA Y IN RESIDENTIAL AREAS, AND
PROVIDING EXCEPTIONS; CREATING SECTION 30.055.
DEFINING "INOPERATIVE VEHICLE" AND PROHIBITING
THE KEEPING, STORING, PARKING, OR ALLOWING TO
REMAIN ON PUBLIC PROPERTY OF INOPERATIVE
VEHICLES FOR LONGER THAN lWENTY-FOUR HOURS;
. CREATING SECTION 30.056, PROHIBITING THE PARKING
OF VEHICLES UPON PUBLIC PROPERTY OR STREET
RIGHT-OF-WAY FOR THE PURPOSE OF DISPLAYING
FOR SALE; CREATING SECTION 30.057, PROVIDING FOR
ENFORCEMENT OF SECTIONS 30.054-30.056;
RENUMBERING SECTIONS 30.054 THROUGH 30.057 AS
SECTIONS 30.058 THROUGH 30.061; PROVIDING AN
EFFECTIVE DATE.
WHEREAS. it is advisable to amend certain sections of the Code of Ordinances
regarding streets. sidewalks, and right-at-way, in order to impose certain parking
restrictions within street right-at-way in residential areas in order that the attractiveness of
those areas be preserved and that safe and unimpeded traffic circulation through
residential neighborhoods be promoted. to prohibit pracement of inoperative vehicles
upon public property, to prohibit placement at vehicles upon public property for sale
display purposes, and to provide for enforcement of said parking provisions; now,
therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER. FLORIDA:
Section 1. Section 30.054. Code of Ordinances, is created to read:
Sec. 30.054 Parking restrictions within street right-of-way in residential areas.
(1) Restrictions upon parking within public street right-of-way. Subject to the
exceptions provided in subsection (2) below. the following vehicles shall not be parked or
stored such that any portion of the vehicle is located on any public street right-at-way
directly contiguous to a residentially zoned property:
(a) Any boat or boat trailer;
(b) . Any hauling trailer;
(c) Any travel trailer, motor home, or camping trailer;
(d) Any semitrailer truck or cab;
(e) Any commercial vehicle.
Ordtnance No. 6196.97
,;
,.
.~ ..' . ~.
18
(2) Exceptions. The parking restrictions set forth above shall not apply to:
(a) A commercial vehicle or a semitrailer truck or cab during the actual
performance of a service at the premises at which it is parked;
(b) Loading, unloading. or cleaning of vehicles other than semitrailer
trucks or cabst provided such act is fully completed within six hours and provided such act
does not occur at the same location more than four times in the same month.
(c) The restrictions set forth above shall be enforced as of the effective
date of Ordinance No. 6183-97 regardless of the date when the parking subject to said
restrictions commenced, and such parking shall not be deemed an allowable
nonconforming use within the meaning of the Land Development Code.
Section 2. Section 30.055. Code of Ordinances, is created to read:
Sec. 30.055 Inoperative Vehicles on Public Property.
(1) Definition. "Inoperative vehicle" means a vehicle that is in a state of
disrepair and incapable of being moved under its own power, or a vehicle that is
incapabre of being operated lawfully on the streets of the state. A vehicle shall be
deemed inoperative if a cunent registration tag. also known as a license plate. of a kind
required under state law as a condition of operation upon the public streets Is not affixed
thereto. or if one or more parts which are required for the operation of the vehicle are
missing, were dismantled, are inoperative. or are not attached to the vehicle as designed.
(2) Prohibition. It shall be unlawful for any person to keep. store, park. or allow
to remain any inoperative vehicle on public property, including street right-of-way I longer
than twenty-four hours.
Section 3. Section 30.056. Code of Ordinances, is created to read:
Sec. 30.056 Display of Vehicles for Sale on Public Property.
It shall be unlawful to park a vehicle upon pUblic property. including street right-of-
way, for the purpose of displaying such vehicle for sale.
Section 4. Section 30.057. Code of Ordinances, is created to read:
Sec. 30.057 Enforcement
In addition to any other means of enforcement provided in the Code of
Ordinances, a police officer. traffic infraction enforcement officer. or code enforcement
inspector certified as a parking enforcement specialist is hereby authorized to issue traffic
court parking citations for violations of sections 30.054. 30.055. and 30.056.
Ordlnanct No. 6196.97
~ ~'.-_'i"":".._':'h:t'.~..~..:':" '. ,t ~: (.. ..~>:_ j.~..'I.~n ~, d.... . ,.
. ......~......--...".
.. ....., \ ) ,I. ... .. .1 ." . 'T ~. ~. +~ "' ~., ,. . , \ ..
~
.....)~. ~\'.. <.
I,
",
'j
:.\ . ,l
I,
.'
-1; f.... ~.,..... ~
.\t~ '-/~":"""~t'!.':I"i<"+""J'~r"'.-I'''';'''P. V...~..h..'.... ,''''"
.,.: ~ ~ J. "
IS
Section 5. Sections 30.054 through 30.057, Code of Ordinances. are renumbered
to Sections 30.058 through 30.061.
Section 6. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING AS AMENDED
O('f"nhl>r '), 19Q7
PASSED ON SECOND ~ND FINAL
READING AND ADOPTED
, Rita Garvey. Mayor-Commissioner
Approved as to fonn:
Attest:
, Leslie K Dougall- i s
Assistant City ~ttomey
Cynthia E. Goudeau
City Clerk
"
Ordl nanee No. 6196.97
"
-
'I?"'<S',,--,_L
~
c "
ORDINANCE NO. 6197w97
\~
AN ORDINANCE OF THE CITY OF CLEARWATER. FLORIDA
AMENDING SECTION 20.35 TO REQUIRE CERTAIN
MAINTENANCE OF THE SIDEWALK PORTION OF RIGHTwOFw
WAY BY ADJACENT PROPERTY OWNERS; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, It is advisable to amend Section 20.35, Code of Ordinances, to require
maintenance of the sidewalk portion of street rights-of-way by adjacent property owners in order
to assure safety and convenience of sidewalk users; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Section 20.35, Code of Ordinances, is amended to read:
Sec. 20.35 ProhibIted accumulations.
****
(2) On abutting rights-ofwway. The owner of any real property abutting any dedicated
rightwofwway in the city shall be required to keep such right-of-way in a clean and sanitary
'condition at all times by keeping it free from weeds and trash of all kinds and by keeping the
grass mowed. In mowing the grass in the area designated in this section, the property owner
shall cut the grass in such a manner that the grass as mowed does not extend over the sidewalk,
blcycre path, curbline or edge of pavement of an improved right-ofwway by more than four Inches.
In addition to the above reauirements. the property owner shall keep the sidewalk portion of the
riQht-of-wav clear of trees. shrubs. and other veaetatlan bv pravldine a side clearance of at least
two feet from the edae of the sldewall( pavement and a height clearance of at least eioht feet
from the sidewalk pavement measured vertically from the pavement surface. Exceptions to the
reQuired clearance of eloht feet may be made for trees deemed bv the Urban Forester to have
environmental sionificance. Trimmina in excess of 30 oercent or removal of trees will reauire a
Dermit as specified in Chapter 52. Tree Protection. of the City Code.
Section 2. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
October 2. 1997
Rita Garvey, Mayor.Commissioner
, ,
Leslie K. Dougall-Sid s
Assistant City Attome
Attest:
Cynthia E. Goudeau
City Clerk
OrdInance No. 6197.97
~~~~~.iff~l~..I".....,>!i~..;,,>'-,t;"C;*,~.~.. ~. ~.
~~.",
. i'
,
Il.~" \' ~ .' -;' ",l '~\'I /;'\..,0' ':. "~i:.I' :.t..~:'r':. ' " <OJ- -:-~, '.'iI. ~ . . r n . ,': I. .;. "
~o
MOTION TO AMEND ORDINANCE 6198-97
In Section 1 of the ordinance. amend Section 28.1 O(3)(d) as follows:
NOTE: Highlighted areas are the additional changes being recommended on
second reading of the ordinance.
!
Pamela K. Akin. City Attorney
10-15-97
,I, ,"
. .
, .
ORDINANCE NO. 6198-97
;)0
AN ORDINANCE OF THE CllY OF CLEARWATER,
FLORIDA AMENDING SECTION 28.10, CODe OF
ORDINANCES, TO OMIT CERTAIN SIGNAGE AND
PLACEMENT REQUIREMENTS FOR NEWSRACKS, TO
PROVIDE FOR LOCATION DETERMINATION BY THE CITY
ENGINEER, AND AMENDING NOTICE REQUIREMENTS;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, it is advisable to amend Section 28.10. Code of Ordinances,
regulating newsracks and vending machines, in order to provide for greater flexibility in
signage placed on newsracks and in placement of newsracks. to provide for City
Engineer review of certain newsrack placement, and to provide for more effective notice
in connection with hearing procedure; now. therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE
CllY OFCLEARWA TER, FLORIDA:
Section 1. Section 28.10, Code of Ordinances, is amended to read:
Sec. 28.10 Nowsracks and vending machines.
****
(2)' Newsracks on public and private property.
Newsracks installed on public and private property shall comply with the requirements of
this subsection. In addition, news racks installed on public rights-of-way shall comply with
the requirements of subsection (3).
(a) No newsrack shall be used for advertising or publicity purposes other than
advertising for the newspaper sold or distributed by means of such newsrack. For the
purpose of this paragraph, Uadvertising for the newspaper" includes but is not limited to
. advertisJng for special editions or special features within the newspaper. Not mom than
eno Guch ad'l.'ertising sign may be.- pklood OR a nG\\~F:lcl(. and any cuch sign shall not
eHooed tvio foot in width and ana foot in height (horizontal sign). or one foot in '::idth and
twa-foet in hoight (vertical Gign). Thic paragraph ch::lIl not limit tho placoment of the name
of tho newspaper: distributod from the newsr{lck on any number of locations on the
nO'.YGrock.
"'''''''*
(c) Each newsrack shall have affixed to it in a readily visible place so as to be
seen by persons using the newsrack:
~ The telephone number of a working telephone service to call to report a
malfunction of the newsrack, to secure a refund in the event of a malfunction of the coin-
return mechanism, or to give any notice provided for in this sectionr-aM
~ The nama ORa oddreGG of the diOOibutor.
"'***
u
Ordtnance No. 6198.97
~"""""'U.~"'\~l\'..';~~~.:'?t. ~ '~".~" \,.-:,,'. .~ . T
,.-
~o
(3). Newsracks on public rights-of-way. The location and placement of
news racks on public rights-of-way shall be in accordance with the following
requirements:
(a) No news rack shall be installed or maintained upon or over any part of any
roadway or bicycle path, in whole or in part, and except as provided In subsection (d)
below. no newsrack shall be installed or maintained on or in a parkway at any location
where there is no sidewalk.
* .. * *
(d) No now&r3ck choll bo located upon any unpavod &Urf3ce. Where a
newsrack is located on a parkway, the City Engineer shall review the ground slope and
surface character of the proposed location and. if determined necessarv. require that the
newsrack shall be placed upon a wire-reinforced' concrete pad, four inches thick or
greater, of sufficient size to support the base of the newsrack. A newsrack shall not be
anchored to such concrete pad.
****
(5) The distributor may request an informal hearing pertaining to the violations.
Any such request shall be made by telephone or in writing to the city manager within the
time specified in the notice for corrective action to be taken. Any such request shall stay
the time given to cure the violation until the hearing has been conducted, the issues
.raised during the hearing have been decided, and the decision has been communicated
to the distributor orally at the conclusion of the hearing. if the distributor is present. 9f-by
telephone and in writing. Written notice shall be deemed complete upon mailing bv
certified mail. Notice of the date, time and place of the hearing shall be communicated
by telephone 9f and in' writing to the distributor. Written notice shall be deemed
comprete upon mailing bv certified mail. The hearing shall be conducted by the city
manager or by a city employee authorized by the city manager to conduct the hearing
and decide the appeal, and the decision shall be deemed final. If the decision is to
uphold the determination that a violation exists, the decision shall Include the
specification of a reasonable time after notification as set forth above to the distributor of
the decision in which corrective action shall be taken.
Section 2. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
October 2, 1997
Rita Garvey
Attest:
Cynthia E. Goudeau
City Clerk
v
Drdln&nt! Ha. 6198.97
r.
~y~r~l Tlr I
~
~
"
~
~
~\:) :1-
Clearwater City Commission
Agenda Cover Memorandum
",~"",.)"""
";1,'; ,', . . .; . r
" " ~ .". ,.';"~ ~
Item #: ' " .', ,', ,
,,"","' ,~"" ';
'0., ' ,
Meeting Dale: ,Iv, J .~?:i
~ (. ::., ., '; ./ ~.' '.i,;' .; ~.)' 1.
SUBJECT: EMERGENCY MEDICAL SERVICES (EMS) AGREEMENT
RECOMMENDATION/MOTION:
APPROVE A 10-TEAR EMERGENCY MEDICAL SERVICES FIRST-RESPONDER AGREEMENT BETWEEN THE
PINELLAS COUNTY EMERGENCY MEDICAL SERVICES AUTHORITY AND THE CITY.
I!I and that the approprIate officials be aulhorized 10 execute same.
Summary :
. The Pinellas County Emergency Medical Services Authority, which is the Board of County Commissioners, has
proposed a 1 o-year agreement with the City to continue provision of first-responder EMS services within the
Clearwater EMS District.
. The Agreement is terminable by the City with a six-month window to insure that services are not interrupted.
. Previous 1 O-year contract funding was determined through annual County analysis to be "'marginal costsN - that being
defined as only those costs which the City actually incurs in accomplishing the EMS function over and above what
would be incurred anyway in accomplishing fire protection services.
. Proposed contract is a "fixed price contract" agreement that uses the previous marginal cost as the base and provides
additional identified funding to cover costs for medical malpractice, vehicle liability, firefighter overtime, taxicab
costs to return from hospitals, and oxygen.
. Annual adjustments to the funding will be no less than 3% and no greater than 5.5% as determined by the Municipal
Price Index.
. For FY 97/98 the County will fund the City $2,389,953, which includes a 3% increase to the FY 96/97 base.
. THE COMPLETE CONTRACT IS AVAILABLE FOR REVIEW IN THE CITY CLERK'S OFFICE.
Vl 0 LV ~ 'e:r~ ~ I ~ 'l-\.e.~
Reviewed by: Originating Department: Costs: N/A Commission Action:
, Legal .-" fire o Approved
Budget 'N/A ~: Total o Approved w/CondiUons
Purdwlng N/A User Department: o Denied
Risk Mgmt. Fire Current fiscal Year o Conllnued to:
IS N/A Funding Source:
ACM N/A o CApil.1llmprovtmrnl:
Other N/A Advertised: N/A 0 ~r.1t1nl:
Dilte: 0 Olhtn Attachments:
Papef':
Submilled bX 0 Not Required Appropriation Code
Affected Parties: N(A
clt~~~ ~ 0 NoUfled l!I None
0 Not Required
o Printed on recycled paper
~ "',
,',
, . c ~
, ,
>'.^',: ',' /,'/ ';'.':' "!':~ <I:~" ;'h;' :'::' ":'~'1 ('''",i,:.'r!~.:;~f- .,~ ~'\ '~~~"~'~'1"~ v, ",' ,',
, '.
I
I'
I'
.
..4 "cll'r..r.,V':'''"::'''~'I~.,/(~".".."",......t'i..w <~"'I~" . LLO>. ...... .... .
EMERGENCY MEDICAL SERVICES
ALS FIRST RESPONDER AGREEMENT
co'- >
I .:
" I
:. /.:.:.'~ ,.' ,
, ~ " . . I. ~ :
" I C
. f( c
, ,
, t 1997
. PINELLAS,COUNTY
EMERGENCY MEDICAL SERVICES AUTHORITY
12490 Ulmerton Road
Largo, FL 33774
. OJ: .
"
"'I ;
.',;','> :t.
, ,'\
, ,
.. ~: '
~. . ~ <
o. , ,
":../ '.
" ,
: \' ~ , ., .~.. ,
'" , ",
,J: .
:<'.< '.
l";
~~ .
f.;':. >. '.
i' " .' .
!:\j-...
">",. .1
,~. ,~. .. :. . .
", :' ~ 'e .
.~ :' c:r, '.:'.} .
-:.,'. L
..F '. T'
....'.;]<,'.' .~ '
'j '"
,(' '
i, ;,
~f t l ;
"
c' ,
, ,
+ ... ,~, "p _ n __
"
(C;@[P)1[
21
,...
:'
.,t, ,C , . .~. .....:;F._'~....~a"'-::,.I...~.c ;~ll" ... "'t" >;r ...1~':'O-:t...II,.:-..:...'-+f......... ... ~.. . ".'. + ""'~+ t '
TABLE OF CONTENTS
PARTIES . . . . .'. . II . ... . . . .. .. . . . III . . . . . . . . . . , . . . III , . . . . . . . . . . . . . . ."1
RECITALS . . . If . .. . . . ,. . . . , 'II . . . . . . . . . . . . . . . . . . .. . . .. . . . . .. , . I ,. . . . . . 1
ARTICLE I
THE AGREEMENT
SECTION 101. Purpose..... I . . . . . . .. . ,.. . . ,.. . ,.. ,.. . . . II . . . . , . . . . . .. . , . . It . . 2
SEGTION 102. Cooperation....................................... 3
. SECTION 103. Contract Documents ................................ 3
SECTION 104. Scope of Services .................................. 4
ARTICLE II
DEFINITIONS
SECTION 201. Words and Tenns ................................. 4
SECTION 202. Terms Generally .................................. 13
ARTICLE III
REPRESENTATIONS
SECTION 301. Representations of Authority ........................ 13
SECTION 302. Representations of Contractor ........................ 15
ARTICLE IV
DUTIES AND RESPONSIBILITIES OF CONTRACTOR
.
SECTION 401. Vehicles and Equipment . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
SECTION 402. Priority Dispatch Protocols .......................... 18
SECTION 403. Response Time. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 18
SECTION 404. Continuing Medical Education ..........'............. 19
SECTION 405. Medical Quality Controi . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
SECTION 406. Medical Audits ................................... 21
SECTION 407. Personnel....................................... 21
SECTION 408. Disaster Assistance and Mutual Aid . . . . . . . . . . . . . . . . . . . 22
SECTION 409. Automatic Aid/Closest Unit Response. . . . . . . . . . . . . . . .. . 24
. ~ '.
I
I .
""""RW
..tlli~---[ llI'
-
-
y
,
.J
. .",... .' '", ~.,
. .
SECTION 410. Medical Supplies and Inventory Control . . . . . . . . . . . . . . . . 24
SECTION 411. Patient Care Reporting System ...................... 25
SECTION 412. Requests for Emergency Medical Assistance. . . . . . . . . . . . 26
SECTION 413. Community Involvement ............................ 26
SECTION 414. Licensure and Certification .......................... 27
SECTION 415. Shared Recognition. . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . 27
ARTICLE V
DUTIES AND RESPONSIBILITIES OF AUTHORITY
SECTION 501. Medical Direction and Control. . . . . . . . . . . . . . . .'. . . . . . . . 27
SECTION 502. Continuing Medical Education ...................... 27
SECTION 503. Medical Communications Equipment .. . . . . . . . . . . . . . . . . 28
SECTION 504. Supply Replacement .............................. 28
SECTION 505. Extraordinary Modifications .................... '. . . . . 29
SECTION 506. Billing... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
SECTION 507. Medical Equipment Maintenance ..................... 29
ARTICLE VI
INSURANCE AND INDEMNIFICATION
SECTION 601. Minimum Insurance Requirements .................... 30
SECTION 602. Additional Insurance Requirements . . . . . . . . . . . . . . . . . . . . 32
SECTION 603. Indemnification.................................... 32
ARTICLE VII
COMPENSA liON AND OTHER FINANCIAL PROVISIONS
. SECTION 701. Compensation.................................... 33
SECTION 702. Deduction For Failure To Comply With Response Time
Requirements . .. . . . . . . . . . . . . .. II . . .. .. , ... . " oil ,. . ... ... . . Ii ... .. . 33
SECTION 703. Deduction for Failure to Provide First Responder Unit .... 34
SECTION 704. Deduction For Noncompliance ....................... 34
SECTION 705. Deduction For Faulty Documentation .................. 35
,SECTION 706. Automatic Annual Inflation Adjustment ................. 35
SECTION 707. Adjustment For Extraordina'ry Cost Increases ........... 36
SECTION 708. Performance Compensation ......................... 37
SECTION 709. Funds To Be Used Solely For First Responder Services ... 38
SECTION 710. Future/Additional Services. . . . . . . . . . . . . . . . . . . . . . . . . . . 39
SECTION 711. Service Consolidation .............................. 39
II
~ . 'j
-"
""',I
r
... ".~: ,-~ c .:/ ,"
0, ~'.: ".~ ,:1.;_" c ~'o' -;-.... ;~'.-::'..f.".PJ.t I~.l. '~'.'~":,,"~.. '1.> '..
. .. V" d' .. ~... .
. . . .
SECTION 712. Additional Units ................................... 40
SECTION 713. Audits and Inspections. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
SECTION 714. Fiscal Non-Funding ................................ 42
ARTICLE VIII
TERM AND TERMINA rlON
SECTION 801. Term ........................................... 42
SECTION 802. Termination ............................... '.. . . . . . 42
SECTION 803. Resolution of Disputes . . . . . . . . . . . . . .'. . . . '. . . . . . . . . . . . 43
, ARTICLE IX
MISCELLANEOUS
SECTION 901. Nondiscrimination in Employment ..................... 44
SECTION 902. Notices ......................................... 44
SECTION 903. Entire and Complete Agreement .... . . . . . . . . . . . . . . . . . . 45
SECTION 904. Other Documents ................................. 45
SECTION 905. Applicable Law ................................... 45
, SECTION 906. Waiver..........................'................ 45
SECTION 907. Severability .................................'..... 46
. SECTION 908. Contractor Is Independent Contractor . . . . . . . . . . . . . . . . . . 46
SECTION 909. No ,Third-Party Beneficiaries; Assignment . . . . . . . . . . . . . . . 46
SECTION 910. Headings ........................................ 46
SECTION 911. Counterparts ..................................... 46
~ I ,.
"
:-'r >"
m
.t" .
........'I..........."...."'!ot:!'.A'....... _t.~.;.:.."ir.'!~!:'11'..J:l,.l"!;"t..i.~............-.,..~.'> .~. . ,
. ,,.. _n....,..___....~po'oOo _..."'.... ...~. ~~.~....... ...... ,
- - -- -----
.. ....., ."... L~'
I
I.
I
i.
,.
i
~ ., J. ' :...'~ ",' . ~ "
EMERGENCY MEDICAL SERVICES
ALS FIRST RESPONDER AGREEMENT
AGREEMENT made this
day of
, 1997, between
, a Florida municipal
corporation ("Contracto~I), and the PINElU\S COUNTY EMERGENCY MEDICAL
SERVICES AUTHORITY, a special taxing district established by Chapter 80-585, Laws of
Florida, as amended ("AuthoritY').
RECITALS
.1. The.Authority is a special taxing district created by Chapter 80-585 Laws of
Florida ("Special Act"), for the purpose of providing emergency medical services throughout
Pinelfas County ("County").
2. The Authority has detennined that a single-tier all Advanced Life Support
rALS" EMS system with a first responder component and a transport component is in the
best interest of public safety, health and welfare.
3.
Pursuant to the Special Act and Chapter 54, Article III of the Pinellas County
Code, Authority has contracted with various municipalities, independent special fire districts
and not-for~profit corporations in the County to provide First Responder Services (as
defined herein) and has also contracted with a private ambulance company to provide ALS
emergency and non-emergency transport services.
4. The Authority wishes to enhance the current "high performance" Pinellas
County EMS System by establishing performance based contracts for First Responder
-
~
..
, c ,'<' '. ..." ",. ~ t; ',: . i 'I' ~ . . ., L . ~ ..,. .
Emergency Modlcal Services
ALS Firat Respondor Agreement
Page 2
Services (as defined herein).
5. The Authority wishes to continue to provide long-term direction and financial
stabifity to the entire emergency medical services system while controlling and managing
the future growth of the First Responder Services through the funding policies contained
herein.
6. Authority is authorized to enter into agreements for emergency medical
services and the Contractor is willing and able to provide First Responder Services (as
defined herein).
7. The Authority will pay a fixed price for the reasonable and customary cost
of providing First Responder Services (as defined herein).
8. The Authority wishes to continue to encourage the use of the 9-1-1 telephone
number for emergencies and to discourage the improper use of the 9-1-1 system and first
responder resources for non-emergency calls.
9. Now, therefore. in consideration of the mutual covenants, terms and
conditions herein set forth to be kept and performed by and between the parties hereto,
it is agreed as follows:
ARTICLE I
THE AGREEMENT
SECTION 101. ~URPOS~. The purpose of this Agreement is to define the obligations
.' .
and responsibilities of the Parties hereto with respect to the provision of First Responder
..........."\:"1. u.,'.. L ,. ,'."
. ... ,..... .,... '_.~ - ". "~.' .. ~... .. p, .
-
_h.....- _
~
-
~
. \, I . c .. c '." ~ .
Emergency Medical Servlcos
ALS First Responder Agreement
Page 3
Services in the County.
SECTION 102. COOPERATION. The Parties shall cooperate and use all reasonable
efforts, pursuant to the terms of this Agreement, to facilitate the terms of this Agreement.
Accordingly. the Parties further agree in good faith to mutually undertake resolution of
disputes, if any. in an equitable and timely manner so as to limit the need for costly,
time-consuming, adversarial proceedings to resolve such disputes.
SECTION 103. CONTRACT DOCUMENTS. The following Appendices are attached to
. and made part of this Agreement:
Appendix A. ALS First Responder Units Furnished by Contractors
Appendix B. Annual Compensation For Fiscal Year 1997-1998
Appendix C. First Responder Contractors
Appendix D. EMS Districts
Appendix E. On-Scene Equipment Exchange Items
Appendix F. EMS Equipment
This Agreement, together with the foregoing Appendices, constitutes the entire Emergency
Medical SelVices ALS First Responder Agreement between the Parties with respect to the
provision of ALS First Responder Services, and shall supersede any prior agreement,
contract or memorandum of understanding between the Parties regarding such services.
The Parties agree that the terms and conditions of this Agreement, including the
Appendices. shall govern exclusively the obligations of the Parties.
~._~ .,-,_,....~..>." .....: c, '.~L'~.~I:I"4""'.~'-~'.'
. .-........~......~ ._.. ..."~ ~.. ~ ....~....~~.......':.c-=--=--~_~....~_
~
.......
I'
...
.>""> ;,.).':~.~~~.f.1 .]~:> ;.;, .",. ,: .,.1"
Emergency Medical Services
AlS First Responder Agroement
Page 4
, SECTION 104. SCOPE OF St:RVICES. The services to be performed under this
Agreement include the following;
- The response of an ALS First Responder Unit to the scene of a medical
emergency
.. The on-scene patient care by Paramedics and EMT's
.. The continuation of patient care. when Contractors Paramedic accompanies the
patient during transport by the Ambulance Provider or medical helicopter
.. The transport of patients to a medical facility, in extraordinary circumstances,
in accordance with Florida Statute 401.33 and the then current Medical
Operations Manual, Transport Protocols.
Such services shalf be provided in accordance with the terms and conditions of this
Agreement. The specific terms and conditions of this' Agreement shall govern and prevail
over this Section 104.
ARTICLE II
DEFINITIONS
SECTION 201. WORDS AND TERMS. Unless the context otherwise requires) capitalized
terms used herein shall have the folfowing meanings ascribed to them:
ttALS" means Advanced Life Support.
UALS FIrst Responder ServIces" means the response of an ALS First Responder
,
Unit to the scene of a medical emergency and, if necessary, on-scene patient care by
EMT's and Paramedics, all in accordance with the protocols of the Authority. Except as
provided for in the Medical Operations Manual, ALS First Responder Services do no~
in crude the transport of a Patient from a scene of an emergency to a medical facility.
,.
..... ,
~ ,; .-'" ,4, I ',+ , c
.. .... . .. f' I ~ c...' ~ :.f'
.. ,'. . 'l' '. ~'.
Emergency MedIcal Services
ALS First RespondQr Agreemont
Page 5
UALS First Responder Stationll means any location designated by the Contractor
and approved by the Authority at which an A~S First Responder Unit and. with the
minimum staffing required herein, are located.
UALS First Responder Unit" means any of the ALS permitted vehicles provided
by Contractor under this Agreement and listed on Appendix A, each of which is equipped
to provide Advanced lif~ Support services and is used for rapid response to a medical
emergency. ALS First Responder Units may include, but not be limited to, ALS engines,
transport capable rescue units and non-transport capable rescue units.
IIAdvanced Life Support" means treatment of life-threatening medical emergencies
through the use of techniques such as endotracheal intubation, the administration of drugs
or intravenous fluids, cardiac monitoring, and cardiac defibrillation by a qualified person,
pursuant to rules of the Department.
IIAmbulancell means a vehicle constructed, equipped and permitted as an ALS
Ambulance, pursuant to the rules of the Department for the transportation of Patients.
"Ambulance Provider" means the company selected by the Authority to provide
ambulance service.
"Annual Compensation" means the fixed professional services fee listed on
Appendix B, as may be adjusted pursuant to the terms of this Agreement.
"At Patient Notification" means the time of arrival of a Paramedic to the Patient's
side.
:'. .,. . ~ <" > l"'. '.' "
Emergency Medical ServIces
AlS First Rosponder Agreemont
Page 6
"Authority" means the Pinellas County Emergency Medical Services Authority, a
special taxing district established by Chapter 80~5851 laws of Frorida, as amended.
IIAutomatic Aid/Closest Unit Response Agreement" means the Agreement by
and between every political subdivision and fire control district within Pinellas County dated
October 16, 1990.
IISLS" means Basic Life Support.
nSLS First Responder Unit" means a vehicle equipped to provide Basic Life
Support only.
IIBasic Life Support" means treatment of medical emergencies by a qualified
person through the use of techniques described in the Emergency Medical Technician
Basic Training Course Curriculum of the United States Department of Transportation.
ttCADtt means computer aided dispatch.
"Callerll means a person accessing the response system by telephone.
"Continuing Medical Education" or HeME" means (1) the minimum required
continuing medical education required for Emergency Medical Technicians and
Paramedics to maintain certified status within the EMS System. the State of Frorida, and.
where applicable, the National Registry of Emergency Medical Technicians; and (2)
education for individuals who have a specific deficiency that must be corrected to maintain
or restore their status within the EMS System.
"Contract Year" meanst for any given year, the period commencing on October 1st
l~~.fu:f,\)~"..B!,~ ~'~'>i';.;> ..;. r::~I~ i '.f~',"r.~~.l\: ,..r,#,.;;,,~;,M"~"''''-'~ .... .
, " ., ~ ~ . . ... . ., ~.. '. 'n
"
" ,
. '. ~ .. I' .
~ .......
Emergency Medical Servlco.
ALS First Responder Agreoment
Page 13
"Uncontrollable Circumstance" means a Force Majeure, an EMS Emergency or
a State of Emergency.
"Unforeseen Circumstanceslt means circumstances which could not reasonably
be foreseen by the Parties at the time of execution of this Agreement.
.
"Unit or Units" means ALS First Responder Units.
"Unit Compensation" means the Annual Compensation in a Fiscal Year divided
by the number of Contractor's Units provided by this Agreement.
"Unit Hour Compensatlonu means the Unit Compensation divided. by Eight
Thousand, Seven Hundred and Sixty (8.760) Hours.
SECTION 202.' TERMS GENERAllY. Whenever the context may require, any
pronoun shall incrude corresponding masculine, feminine and neuter forms. The words
"inClude,"llincludes" and "including" shall be deemed to be followed by the phrase 'without
limitation," except as the context may otherwise require. The words "agree,"Uagreement,1l
lIapproval" and "consenfl shall be deemed to be followed by the phrase ''which shaU not be
unreasonably withheld or unduly delayed" except as the context may otherwise require.
ARTICLE If(
REPRESENT A lIONS
SECTION 301. BEPRESENTATIONS OF AUTHORITY. Authority represents to
Contractor that each of the following statements is presently true and correct:
(a) Existing. Authority is a special taxing district existing under the laws of the
I. .
,.
f'
Emorgency Medical ServIces
AlS First Respondor Agroemont
Page 14
State of Florida, and has all requisite power and authority to carry on its business as now
conducted and to perform its obligations under this Agreement and each document
contemplated hereunder to which it is or will be a party.
(b) Due ~uthorization. This Agreement has been duly authorized by all
necessary action on the part of, and has been or will be duly executed and delivered by
Authority and neither the execution and delivery thereof, nor compliance with the terms and
provisions thereof or hereof contravenes any existing law, judgment, government rule,
regulation or order applicable to or binding on Authority.
(e) Enforceability. This Agreement constitutes a legal, valid and binding
obligation of Authority enforceable against Authority in accordance with the terms thereof,
except as such enforceabilrty may be affected or limited by applicable bankruptcy,
inSOlvency or similar laws, from time to time in effect, which affect creditors' rights generally
. and subject to usual equitable principles in the event that equitable remedies are involved.
(d) Financial Capability. Authority is fully capable, financially and otherwise,
to perform its obligations hereunder.
(e) No Litigation. There are no pending, or to the knowledge of Authority,
threatened actions or proceedings before any court or administrative agency to which
Authority is a party, questioning the validity of this Agreement or any document or action
contemplated hereunder, or which are likely, in any case or in the aggregate to materially
adversely affect the consummation of the transactions contemplated hereunder.
~V4-_'_,"'_..:.....n.".,~~';i"" ~"-'.I" '.'. ;~1 ~'.i.;- .,.h.....~.. .
'.- . ,
.' ~ ., . ~ ~ ~ < '.' , .'.
Emergency Medical ServIces
ALS First Responder Agreemont
Page 15
SECTION 302. BEPRESENTA TIQ~5 OF CONTRACTOR. Contractor represents and
warrants to Authority that each of the following statements is presently true and correct:
(a) Existing. Contractor is a Florida municipal corporation, independent special
district or not-for-profit corporation, as the case may be, having alf requisite power and
authority in Florida to carry on its business as now conducted, to own or hold or otherwise
its properties, and to enter into and perform its obligations under this Agreement and under
.each instrument described herein to which it is or will be party.
(b) Due Authorization. This Agreement has been duly authorized by aU
necessary action on the part of and has been duly executed and delivered by Contractor
and neither the execution and delivery thereof, nor compliance with the terms and
provisions thereof or hereof contravenes any existing law, judgment, government rule,
regulation or order appliCable to a binding on the Authority.
(c) J;oforceabili~. This Agreement constitutes a legal, valid and binding
obUgation of Contractor enforceabre against Contractor in accordance with the terms
thereof, except as such enforceability may be limited by applicable bankruptcy. insolvency
or simifar laws, from time to time in effect, which affect creditors' rights generally and
subject to usual equitable principles in the event that equitable remedies are involved.
(d) H2.l-Jtigation. There are no pending, or to the knowledge of Contractor,
. i
threatened actions or proceedings before any court or administrative agency to which
Contractor is a party, questioning the validity of this Agreement of any document or action
"
~ : ~. _ i .,. . ,~ A. . '. '. .
Emergency Medical Servlcos
ALS First Responder Agreement
Page 16
contemplated hereundert or which are IikelYt in any case or in the aggregate to materially
adversely affect the consummation of the transactions contemplated hereunder.
(e) Financial Capabillty. Contractor;s fully capable, financially and othelWise,
to perform its obligations hereunder.
ARTICLE IV
DUTIES AND RESPQNSIBILlTIES OF CONTRACTOR
SECTION 401. VEHICLES AND EQUIPMENT.
(a) Obligation to Provide Vehicles. Subject to the application of Section 711
hereof, at all times during the term of this Contract, Contractor shall provide the number
of ALS First Responder Units described on Appendix A. Contractor reserves the right to
select and acquire vehicles and apparatus used in the performance of this Agreement.
(b) Maintenance of Vehicles and Fuel. Contractor shall be responsible for
routine maintenance and repair of Units and for furnishing maintenance, equipment,
supplies, repairs, spare parts, replacement vehicles and fuel. Contractor shall maintain
records of maintenance and fuel in order to document that Contractors Units are-
maintained and used in accordance with this Ag reement.
(e) Staffing of Vehicres. Each Unit shall be staffed in compliance with Chapter
401, Florida Statutes, with a minimum of one (1) EMT and one (1) Paramedic. Contractor
shall maintain records of staffing in order to document that Contractor's Units are staffed
in accordance with this Agreement.
r,-
.,
"
Emergency Medical ServlceI
ALS FIrst Respondor Agreement
Page 17
(d) Equipment and Supplies. Wrth the exception of equipment maintained by
the Authority in Section 507, Contractor shall furnish and maintain all EMS Equipment, as
required by the Authority and approved by the Medical Director. Contractor shall ensure
that new equipment is compatible with that of all other providers and supports the
Authority's efforts toward equipment standardization. Contractor shall also be responsible
for the cost of replacing outdated medical supplies lost through inadequate stock rotation,
. as well as the cost of medical supplies which are lost, stolen, damaged, or unaccounted
for due to Contractors negligence. Contractor shall be subject to the Authority's On-5cene
Equipment Exchange Program. .. . - ..
(e) Medical Communications Equipment. Contractor shall be responsible for
the replacement of all medical communications equipment that is lost, stolen or damaged
due to Contractor's negligence. Contractor shall also be responsible for all routine
maintenance of such equipment.
(f) Inspections. Contractor shall anow representatives of the Authority and of
the Medical Director to inspect Units, equipment and ALS First Responder Stations as may
be reasonably required to determine compliance with this Agr~ement.
~ .
, .
.........~-i~_.~.'.yt.~f~/".,... .~. .\" , ~ \ i '.~.-", .. .', ,",' ~.>,."........~J"'."'#W"''''''.'
""""-
r,
,
~ .. , '" . ~ -'.'p ....l> ",!,".,.." '; .' f .... ~ ..
.
. .
Emorgency Medical Services
ALS First Responder Agreement
Page 18
SECTION 402. PRIORITY D1SP--A TCH P~OTOCOL$..
priority Dispatch Protocol~. Contractor shall respond to Emergency Medical
Requests in accordance with the then current Priority Dispatch Protocols. Contractor shall
cooperate with the Authority in implementing periodic enhancements and improvements
to the Priority Dispatch Protocols.
SECTION 403. RESPONSE TIM~.
(a) Emergency Medical Reques~.
Response'time to not less than ninety percent (90%) of all Emergency
Medical Requests which are (1) prioritized as an emergency Response; (2) are within the
Contractors EMS District; and (3) for which Contractor's Unit is determined, in accordance
with Section 409, to be the First Due Unit, shall be within seven (7) minutes and thirty (30)
seconds or less.
(b) Deductions and Exemptions.
(1) Faifure to comply with the requirements of this Section 403 shall be
subject to the deductions set forth in Section 702 hereof; provided, however, that
such deductions shall not be applicable to Responses which occur during periods
of Uncontrollable Circumstances; provided, however, that Contractor shall
document said conditions and shall apply for this exception as provided for in
; ,"
subparagraph (2) below.
(2) Should Contractor experience an Uncontrollable Circumstance,
~_L_'~"".'._,"4.'. "_~' _' .~. ~..l.'"r..IL""'"
"
t'
, ~ . . _. c , ~ <. ,
'!.
", . "':'~ ; . L~. "," ,'" . _ . .~ '- ~. . ..
. .'
Emergency Modlcal Service.
ALS First Responder Agreement
Page 1 ~
Contractor shall, as a condition precedent to the right to claim an Uncontrollable
Circumstance, notify the executive director within three (3) business days of the
occurrence.
(3) The exemptions provided for in this subsection (b) are exhaustive and
no other cause of poor Response Time performance shall be allowed as
exemptions to these Response Time requirements and reporting provisions.
. SECTION 404. CONTINUING MEDICAL eDUCATION.
Contractor shall make
avaifable its personnel for Continuing Medical Education as required by state regulation
and the Medical Control Board. Satisfactory' participation by Contractors personnel in
Continuing Medical Education provided and made available by the Authority shall
constitute fulfillment of this obligation. Contractor shall be responsible for ensuring that
its personnel attend Continuing Medical Education in accordance with the Rules and
Regulations. Each September during the term of this Contract, Contractor shall prepare
and submit to the Authority a report evaluating performance of the CME program.
Contractor shall use any prepared forms that the Authority requests it tq use for this
evaluation.
SECTION 405. MEDICAL QUALITY CONTROL.
(a) Medical Director. The Medical Director of the EMS System shall also selVe
as medical director of Contractor's First Responder SelVices. Contractor may not use or
. employ another Medical Director for the provision of emergency medical selVices within
~ii,;~;A~l.ji~~~l~.) ;'~(:~.~i~t;'~~'~~.~"F:rl~~~lh~" ~~~
...Ll
,.
..
" '...., > , ~. r ., .. c " I + ~ "~'
Emergency MedIca' Services
ALS FIrst Responder Agreement
Page 20
Contractor's EMS District.
(b) BlJles and Regulations: Protocols. Contractor shall fully comply with the
Rules and Regulations, including the protocols established in the Medica! Operations
Manual.
(c) Ride-Alongs. Contractor shall allow the Medical Director and the Executive
Director or their representative to ride in Contractor's Units during responses to medical
emergencies. However, such representatives shall conduct themselves in a professional
and courteous manner, shall not interfere with Contractors employees in the performance
of their duties, except as necessary to assure protocol compliance and good patient care,
and shall at all times be respectful of Contractor's employee/employer relationship.
Medical Director, Executive Director, or their representatives, shall provide proof of
employment, proof of workers' compensation insurance and complete any waiver or
release forms which may be required by the Contractor prior to riding in Contractors Units.
Cd) On..scene Patient Care. . Contractor shall comply at all times with the
Authority's protocol for on-scene control of Patient care. If Contractor's Paramedic is
requested or decides to ride to the hospital with the Ambulance Provider's Paramedic,
Contractor's Paramedic shall comply and, Contractor shall be responsible for the return of
the Paramedic.
.. '
(e) Special Events. In the event Contractor is called upon to provide either
BLS or ALS medical coverage at a Special Event in their EMS district, Contractor shall be
"~.&:~4b\~'~)[.~ /,,;;.'!l: ":.',~ ..'!.,.~:,..,~i;;... r.....1.~loI.... '-.~ ..~.r__'" '" .u
~
"
..
Emerg,ency Medical Services
ALS First Responder Agreement
Page 21
under the auspices ofthe Authority, the Medical Control Board and the Medical Director.
In providing medical coverage at a Special Event. Contractor shall comply with the Rules
and Regulations and with the protocols established in the Medical Operations Manual.
AlS First Response units funded under this Agreement will not be used for dedicated
special events coverage without the written approval of the Executive Director.
(f) Quality Assurance. Contractor shall adhere to and assist in the Quality
Assurance and auality Management Program established by the Medical Director.
. SECTION 406. MEDICAL AUpITS. Medical Audits may in crude access to data,
records review, written and verbal statements, and attendance at interviews and informal
and formal hearings, in accordance with the then current Rules and Regulations and
Florida Statute 401.425. Contractor shall provide full cooperation and ensure that its Field
Personnel attend Medical Audits when requested.
SECTION 407. ~ERSONNEL.
(a) Training and qualifications. All field personnel employed by the
Contractor in the perfonnance of work under this Agreement shall be trained and qualified
at a level consistent with the standard established by the Authority for delivering Patient
care and shall hold appropriate permits in their respective trades or professions.
(b) Standard of Conduct. Contractor's personnel shall conduct themselves
in a professional and courteous manner at all times. The Contractor shall address and
correct any departures from this standard of conduct.
~_~~;j~~~L~~~,:f:h.~ ~liNLi.~.::;.,r.~;';JJ~~v..p~~r_- .,.
,..., ',.;' >-
0" .... c
. ,
. .
Emergoncy Medical Services
ALS Fll'1It Responder Agreemont
Page 22
(c) part-Time EmpToymeDt. Contractor shall not unreasonably restrict its
employees from seeking or performing part-time employment with Authority's Ambulance
Provider and Office of the Medical Director.
Cd) EMS Coordinator:.
Contractor shall designate a County Certified
Paramedic as the EMS Coordinator who will be responsible for performing or supervising,
at a minimum, for:
(1) Reviewing patient care records in accordance with procedures
established by the Medical Director.
(2) Responding to and overseeing patient care in accordance with
procedures established by the Medical Director.
(3) Monitoring Contractors' EMS personnel to insure compliance with CME
requirements.
If, at the effective date of this Agreement, Contractor has employed or
designated as an EMS Coordinator a non-County Certified Paramedic, then that empfoyee
will be allowed to continue as the EMS Coordinator untif the position becomes vacant, at
which time the successor must be a County-certified paramedic.
SECTION 408. DISASTER ASSISTANCE. EMS EMERGENCY AND MUTUAL AID.
(a) DIsaster AssIstance Within PinelJas Coun(y. Immediately upon notification
by the Authority of a State of Emergency within Pinellas County, Contractor shall commit
such resources as are necessary an~ appropriate, given the nature of the disaster~ and
I.
I
I
.....~l'jJl!:.\'\"...,r-~.il ;" ,~
. ~"".,~ . <. }, jl. '.. '.. .
"
.
\ .
....Ic.. ....
> '. ~. . I .. ' .. t
. .
Emergency Medical Services
ALS First Responder Agreement
Page 23
s~all assist in accordance with applicable plans and protocols.
During such periods, the Contractor shall be released from the requirements
of Section 403 and will not be subject to the deductions provided for in Section 702.
When disaster assistance has been terminated, the Contractor shall notify
the Authority's authorized representative that Contractor is able to resume normal
operations considering exhaustion of personnel, need for restocking and other relevant
considerations.
(b) Disaster Assistance Outside of PinelIas County. The Contractor shall
manage any disaster assistance- response outside.of Pinellas- County in a manner which
does not jeOpardize the Contractor's ability to render reliable services under this .
Agreement.
(e) EMS Emergency. Immediately upon notification by the Authority of an EMS
Emergency, Contractor shall assist in the locality where the EMS Emergency has occurred.
During such periods, the Contractor shaJl be released from the requirements
of Section 403 and will not be subject to the deductions provided for in Section 702, until
notified by Authority's authorized representative that EMS Emergency assistance may be
terminated.
When the EMS Emergency has been terminated, the Contractor shall resume
normal operations as rapidly as is practical considering exhaustion of personnel, need for
restocking, ~nd other relevant cQnsiderations.
~J",,',;.l.~'''I'\"';\::;.'..l'''s.''. Ojj. It ' j,..~,:,y/,,;....t...f .,~..,..."'"'' . ~.
~
i'
..
. .' : .. 'c' :..' " ". ~ c...
Emergency Medical Service.
ALS First Responder Agreement
Page 24
During the course of an EMS Emergency, Contractor shall use best efforts
to continue'to provide local ALS emergency coverage.
(d) Mutual Ald. Normal (non-disaster or EMS Emergency related) mutual aid
responses outside of Pinellas County, rendered by the Contractor, shall be performed in
accordance with the terms and conditions of this Agreement.
SECTION 409. AUTOMATIC AID/CLOSEST UNIT RESPONSE. Upon notification by
the 9-1.1 Center of an Emergency Medical Request, Contractor shall provide ALS First
Responder Services in accordance with the Automatic Aid/Closest Unit Response
Agreement. The ALS First Responder Unit which is predetermined to be the closest to the
emergency scene by the Runcards, shall be dispatched without regard to EMS District or
jurisdictional boundaries. In the event that the Automatic Aid/Closest Unit Response
Agreement is terminated, Contractor shall provide ALS First Responder Services in
accordance with the then current Runcards for all Emergency Medical Requests. The
Contractor's authorized representative will periodically, or at the request of the Authority,
update their Runcards to insure their accuracy and coordinate any changes with any
affected Contractor(s).
SECTION 410. MEDICAL SUPPLIES AND INVENTORY CONTROL. Contractor shall
establish and implement inventory control procedures for the stockage and use of medical
supplies. Contractor shalf report, as of September 30th during each year this Agreement
is in effect, the balance of all medical supplies held by the Contractor in inventory. Such
~ ."... ~t:rA~:.).:':~~,~;~~~.\~tHA~~~~.i.~~...lH~ h~~J!"",~"f. ...h~...." ".'
n . .' dr" . . ...,1. ". . ........._
"
,"
I.
. '.' '":' . t~... _. ~
. . .
Emergency Modlcal ServlCeI
ALS First Responder Agreement
Page 25
report will fist the item's identification number, the item's description, and the quantity held.
Contractor will report the quantity of medical supplies which are lost, damaged, or
unaccounted for, due to Contractors negligence, and medical supplies unusable due to
inadequate stock rotation. Contractor agrees to not maintain more than thirty (30) days of
medical supplies in stock based upon historical use. Contractor shall maintain inventory
records that identify all Unit supplies issued from stock, and will keep stock under lock so
that access is limited to only authorized personnel. Contractor shall adhere to inventory
control procedures that the Authority may require, as long as they are reasonable and
prudent. Contractor shall follow all federal. state and local laws and protocols in the
distribution and handling of controlled substances. Contractor shall provide list of
. personnel authorized to receive controlled substances from the warehouse and any
change to such list.
SECTION 411. PATIENT CARE REPORTING SYSTEM. Contractor shall assist the
Authority in designing and implementing a fully-integrated, electronic patient care reporting
system. This system shall meet the information needs of the Contractor, the Medical
Director, the Medical Control Board and the Authority. Contractor shall gather and enter
data into the Authority's electronic patient care reporting system for every patient
encountered and every Emergency Medical Request responded to by the Contractor's
Field Personnel. Design, procurement, and operating costs of this information system shall
be the responsibility of the Authority.
r.~
"
, " .
.. '<'i",i" ",' ""c"' :"c:", ," .." 1- "', .F">,_ f , .
.'
. .
Emorgency Modlcal Sorvices
ALS FIrst Responder Agreement
Page 26
The database of the Authority's electronic patient care reporting system shall be fully
comprehensive, incfuding compfete and integrated information on aU EMS System activities
beginning with the receipt of an Emergency Medical Request; dispatch activities and
response times; every patient assessment and all treatment rendered while Contractors
"
Field Personnel are attending the patient. Contractor shaU require Field Personnel to
comply with the completion of paper reports and the data entry requirements of the EMS
System and insure the accuracy and completeness of such reports, as approved and
periodicaHy revised by the Authority. Authority agrees that the procedures used to
implement and operate the electronic patient care reporting system shall not be unduly
burdensome.
Contractor shall have unlimited access, regardless of storage location or medium,
to electronic patient care reports generated by the Contra.ctors personnel and all dispatch-
related data.
SECTION 412. . REQUESTS FOR EMERGENCY MEDICAL ASSISTANCE. Should
Contractor receive any request for emergency medical assistance, including walk.ins,
Contractor shall record the address and telephone number of the calfer, obtain the location
and nature of the emergency, shall immediately respond to the request for emergency
medical assistance, if appropriate, and shall immediately advise the 9-1~1 Center of the
information received; and the response initiated by Contractor, if any.
SECTION 413. COMMUNITY INVOLVEMENT. Contractor is encouraged to make
~~~t~;&>';..~~'t.~\.t;~!".r"t':"'~'~'~'.~V""'~~~"~".," " ".c.'
,.
. . :~c. ~. I' .
..... . oj, '''',.. ..~, .,.'
Emergency Medical Service.
ALS First Rosponder Agreement
Page 27
available to their local community, health promotions and prevention education (i.e., CPR
training, drowning prevention, health ri~k assessments). The programs may be developed
by the individual contractor or in coordination with the MedicaJ Director or the Authority.
SECTION 414. WCENSURE AND CERTIFICATION. Contractor shall maintain
licensure with the Department as an ALS non-transport provider. Contractor or
Contractor'sempJoyees. as the case may be, shall be responsible for any fees associated
with EMT and Paramedic certification and recertification.
SECTION 415. SHARED RECOGNITION. Contractor and the Authority shall promote,
protect and enhance the reputation of the Authority, the .Contractor. 1he Authority's service. .
trade name and the Pinellas County EMS System throughout the term of the Agreement.
Any news releases, statements, or public information given by the Contractor's or
Authority's personnel to the public or the media shall be consistent with the design and
operation of the EMS System and include shared positive recognition of all service
providers and system components.
ARTICLE V
DUTIES AND RESPONSIBILITIES OF AUTHORITY
SECTION 501. MEDrCAl DIRECTION AND CONTROL. The Authority shall be
responsible for providing, or causing to be provided, MedicaJ Direction and Medical Control
. to the Contractor.
SECTION 502. CONTINUING MEDICAL eDUCATION. Authority shalf provide and
-
~
. .'
Emergency Medical Services
ALS First Responder Agreement
Page 28
make avaifable to Contractor a Continuing Medical Education training program at multiplet
regionally-located training sites and not at a single, centralized training site.
SECTION 503.. MEDICAL COMMUNICATIONS EQUIPMENT. Authority has provided,
or shalf provide, as applicable, one (1) 800 MHZ Mobile Radio, one (1) UHF Mobile Radio
and one (1) 800 MHZ Portable Radio for each Unit approved on Appendix A. The radio
equipment shall be installed in ALS First Responder Units by the Contractor and become
their property. Contractor shall be responsible for such equipment, as provided for in .
Section 401(e) hereof. Authority shall be responsible for replacing such equipment at the
end of a reasonable useful life, as determined by the Authority.
SECTION 504. SUPPLY REPLACEMENT. Authority shall replace, as necessary,
without cost to the Contractor, the medical supplies used by Contractor in rendering patient
care under this Contract. Authority shall deliver, or cause to be delivered, all medical
supplies, except controlled substances, on a bi-weekly basis to Contractors designated
medical supply receiving location. Contractor may refuse derlVery of medical supplies that
are within ninety (90) days of their respective expiration dates. Contractors authorized
representative may sign for and pick up controlled substances at a central location
des;~nated by the Authority. Authority shall not be responsible for costs of replacing
inventory items tost. stolen, damaged or unaccounted for due to negligence and for costs
of replacing items remaining in stock past their respective expiration dates. Where
applicable, Contractor shall relocate supplies nearing their expiration dates to AlS First
,;
". ......
, ~ . It. '.' ~. ........,~ \ ". ~. ..... . .:, I". . >
Emergency Medical Services
ALS First Responder Agreement
Page 29
Responder Units serving areas of higher demand within their EMS District. All supplies
shall be returned to the Authority not later than ninety (90) days prior to the respective
expiration dates. If such suppJjes are not returned to Authority within ninety (90) days of
their respective expiration dates, Contractor shall be charged for the replacement of such
supplies. This provision, regarding expired medical supplies. shall become effective. ninety
(90) days after the beginning of the tenn of the Agreement.
SECTION 505. EXTRAORDINARY MODIFICATIONS. Notwithstanding the provision
,
of Section 401 (b) hereof. Authority shall separately provide and fund any modifications to
Units or equipment which may be required by the Authority and .which .do not constitute
routine maintenance. repair or replacement.
SECTION 506. f3ILLlNG. The Authority shall have sole responsibility for submitting
claims for transports made by either the Authority or by Contractor.
SECTION 507. MEDICAL EQUIPMENT MAINTENANC~. The Authority shall be
responsible for providing, or causing to provide, all preventative maintenance. calibration
and repair of electrocardiogram (EKG) monitoring/defibrillation equipment and pulse
oximetry/capnography equipment for Authority-approved ALS First Responder Units.
Contractor shari be responsible for a'!y repairs that are necessary due to Contractor's
negligence.
"
~ .
.'
. ,",,-,' '~, L' ~ C
t.... t,' ~ \ 'H.,
Emergency MedIcal ServIce.
ALS Firat Rosponder Agreomont
Page 30
ARTICLE VI
INSURANCE AND INDEMNIFrCA TION
SECTION 601. MINIMUM INSURANCE REQUIREMENT~. Contractor shall be self-
insured or shall pay for and maintain at least the following insurance coverages and limits.
Insurance coverages and limits shalf be evidenced by delivery to the County of: a
certificate of insurance executed by the insurers listing coverages and limits, expiration
dates and terms of policies and all endorsements whether or not required by the County,
and listing all carrierS issuing said policies; and, a certified copy of each policy, including
all endorsements. Where applicable,. Contractor .shatJ submit to Authority a letter from
Contractor's City Attorney stating that Contractor is self-insured, the amount of insurance
per claim and per occurrence, any gap and the amount of excess insurance up to its
coverage.. The foUowing insurance requirements shall remain in effect throughout the
term of this Agreement.
(a) Worker's Compensation limits as required by law; Employers' Liability
Insurance of not less than $100,000 for each accident.
(b) Comprehensive General Liability (nsurance including, but not limited to,
Independent Contractor, Contractual Premises/Operations, Products/Completed
Operations and Personal Injury covering the liability assumed under indemnification
provisions of this Agreement, with limits of liability for personal injury and/or bodify injury,
including death. of not less than $500,000, each occurrence; and property damage of not
~\.t~Li;::.tj:t~1~'I..\.' _...,~."'~:~.'i.~.~ ::!'f.,......::l'\.-t'~.... ._,.........
c.."" . ..~, ..,.. _ . .
,
r,
"
..
, .
Emergency Medical Services
ALS First Responder Agreement
Page 31
less than $100,000, each occurrence. (Combined Single Limits of not less than $500,000,
each occurrence, will be acceptable unless otherwise stated). Coverage shall be on an
"occurrence" basis and the policy shall include Broad Form Property Damage coverage,
and Fire Legal Liability of not less than $100,000 per occurrence, unless othelWise stated
. by exception herein.
(c) Professional Liability Insurance (including Errors and omissions) with
minimum limits of $1,000,000 per occurrence; if occurrence form is available; or claims
made form with "ail coverage" extending three (3) years beyond completion and
. .
acceptance of the project with proof of "tail coverage" to be submitted with the invoice for
final payment. In lieu of "ail coverage", Contractor may submit annually to the County a
current Certificate of Insurance proving claims made insurance remains in force throughout .
the same three (3) year period.
(d) Comprehensive Automobile and Truck liability covering owned, hired and
non-owned vehicles with minimum limits of $500,000 each occurrence for bodily injury
including death, and property damage of not less than $100,000, each occurrence.
Combined Single Limits of not less than $500,000, each occurrence, ~iU be acceptable
unless otherwise stated. Coverage shall be on an Itoccurrence" basis, such insurance to
include coverage for loading and unloading hazards.
(e) One million dollars ($1.000,OOO) combined single limit personal injury and/or
bodily injury including death and property damage liability insurance as an excess of all
.........'.;:1.' . ( .. . "' ",.;~,,,..,, ... .,-. .. '.' ..".
~~\~I'i;~li',j....w~I.~ ~..:., "i<~~~r1'",,!ri.,.t'~ l>i ,>.re.
,"+ ,...... ,..
~ ~ ~ .
r.
I "......-"...... T
.'
. ; + Ie; I. .. ~ ' .
. . -
Emergoncy Medical Services
ALS Firat Rospondor Agreemont
Page 32
primary coverage, required above, in follow fonn.
SECTION 602. ADDITIONAL ,NSURANCE REQUIRf;MENTS. Each insurance policy
shall include the following conditions by endorsement to the policy:
(a) Each policy shall require that forty-five (45) days prior to expiration,
cancellation, non-renewal or any material change in coverages or limi1s, a notice thereof
shall be given to Authority. Contractor shall also notify Authority within twenty-four (24)
hours after receipt of any notices of expiration, cancellation, non-renewal or material
changes in coverage received by said Contractor from its insurer.
(b) Companies' issuing the insurance.policYi or policies; shall have no.recourse --
against Authority or County for payment of premiums or assessments for any deductibles
which all are at the sole responsibility and risk of Contractor.
(e) PineUas County shall be endorsed to the required policy or policies as an
additional insured, exclusive of professional liability insurance.
(d) The policy clause "Other Insurance" shall not apply to, any insurance
coverage currently held by County to any such future coverage, or to County's Self-Insured
Retention of whatever nature.
SECTION 603. INDEMNIFICATION. Contractor and Authority agree to be fully
responsible for their own acts of negligence or their respective agents' acts of negligence
when acting within the scope of their employment, and agree to be liable for any damages
resulting from said negligence. Nothing herein is intended to serve as a waiver of
~~'d,.;:i~~';":"'~:I:; ~:.~.,..\-'t'I,>j.i:J~""-I-'.'."''''~' ..,
. '... . ..-....
-
r.
-
w
-
!.. ~ .' .'
. ',":.' \-'1., .
Emergoncy Medical Services
AlS First Responder Agreemont
Page 3~
sovereign immunity by either the County or Authority. Not.hing herein shall be construed
as consent by Contractor or Authority to be sued by third parties in any manner arising out
of this Agreement. Contr~ctor hereby waives subrogation rights for loss or damage
against the County.
ARTICLE VII
COMPENSA liON AND OTHER FINANCIAL PROVISIONS
SECTION 701. COMPENSA TIO~. This Agreement is a fixed price Contract for the
purchase, by the Authority, of First Responder Services as descnbed herein. As
consideration for such services, Authority shall pay Contractor Annual Compensation.
Contractor shall be paid monthly in arrears. Payment shall be in [approximately] equal
installments beginning on November 1, 1997. Annual Compensation for the Fiscal Year
commencing October 1, 1997, shall be equal to that shown on Appendix B.
To the extent applicable, in addition to the Annual Compensation, Authority shall
pay to Contractor Perfonnance Compensation, in accordance with Section 708 hereof.
No additional compensation shall be paid to Contractor for transport of patients in
Contractor's Units.
SECTION 702: DEDUCTION FOR FAILURE TO COMPLY WITH I1:ESPONSE TIM~
REQUIREMENTS. Failure of Contractor to meet the Response lime requirement of
Section 403(a) shall result in the deduction from the Annual Compensation of One
Hundred and 00/100 Dollars ($100.00) for only those calls which place Contractor in non-
~
-
"
. ~ '. . < .
. . . '.. ~. , '\'.'" + c ..... 'cI~L'.' ''I- .
Emergoncy Medical SOTVlcoe
ALS FIrst Respondor Agreoment
Page 34
compliance. Compliance shall be computed on a monthly basis and any deductions shall
be made from Contractor's last monthly payment of the fiscal year.
SECTION 703. DEDUCTION FOR FAILURE TO PROVIDE FIRST RESPONDER UNIT.
In the event Contractor fails to provide a Unit, or substitutes a BLS First Responder Unit
instead of an ALS First Responder Unit, for an extended period of time and without the
approval of the Authority, the Authority may deduct an amount equal to the Contractor's
Unit Hour Compensation multiplied by each hour or portion thereof for each day or portion
thereof that the Contractor has failed to provide an ALS First Responder Unit and likewise
for additional Units. Such deduction shaJl be made from the following monthly payment.
For purposes of this Agreement, "extended period of time" means, with respect to
mechanical problems and personnel, more than four (4) consecutive hours in any given
day, and with respect to training, more than ten (10) hours in any given day; provided,
however, that this Section 703 shalf not be applicable when the Executive Director has
waived the provisions of this Section 703 or when Section 711 is applicable.
SECTION 704. DEDUCTION FOR NON-COMPLIANCE;. In the event that Contractor
faUs to comply with any provision of Section IV hereof, the Authority shall deduct from
Contractor's payment an amount equal to Unit Compensation divided by three hundred
sixty-five (365) for each day. or fraction thereof, that Contractor is not in compliance.
Such deduction shall be made from the following monthly payment. The provisions of this
Section 704 shalf not apply to those instances where Section 702. Section 703. or Section
J
,-
'". , . ... '. : , ~ .
Emergency Medlcsl Servlcol
ALS First Rosponder Agreement
Page 35
705 are appricabfe.
SECTION 705. DEDUCTION fOR FAULlY DOCUMENTATIO~. In the event that the
Contractor transports a patient, under the extreme circumstances authorized by the
Medical Operations Manual, the Contractor shall provide a billable patient care report to
-,
the Authority. The report shalf include, at a minimum, the medical reason for transpqrt, the
patient's condition, the patient's name, the patient's address, the patient's social security
number, patient's telephone number, the origin and destination of the transport, the
transport mileage, and air medical care rendered. Contractor's EMS Coordinator shall be
notified by the Authority or their designee of.all-transports performed by.the-Contractor.
The report shall be delivered to the Authority's EMS Billing Office within two (2) business
days from the date of service. If such report is i1Jegible, incomplete or is provided to the
Authority greater than two (2) business days from the date of service, then Contractor shaH
be subject to a deduction of One Hundred Fifty Dollars ($150.00) for each such
occurrence. The amount shall be deducted from the following monthly payment.
SECTION 706. AUTOMATIC ANNUAL INFLATION ADJUSTMENT. Beginning on
October 1, 1998, and each October 1 thereafter, the Annual Compensation shall be
adjusted by the lesser of the percentage increase in the Municipal Cost Index (published
.
in American City and County Magazine) for the most recent twelve (12) months for which
figures are available or five and one-half percent (5 Y2%), but in any event shall be adjusted
no lower than three percent (3%).
............~'l.. ..l.:,.~ i.\ .I..\~ '.1..: . ,'; . 1 ..' .. . ~'." ~ ..,.',. ..."'<..c........u.......~ to"" r' ,~ ..
~
.'
t. '. > _I . >..
Emergoncy Medrcal Services
ALS Firat Responder Agrooment
Page 36
SECTION 707. AOJUSTMENT fOR EXTRAORO,NARY COST fNCREA~es..
Contractor may apply for and receive prospective compensation adjustments to the Annual
Compensation as necessary to offset documented increases in Contractor's cost of
production directfy resulting from Increases in the prices paid by Contractor for fuel due
to Unforeseen Circumstances and subject to the following stipulations:
(a) Contractor must document, using generally accepted accounting procedures"
. the actual financial impact of the increased fuel prices upon Contractor's costs of
production.
(b) . Only the effects of.lncreased direct fuel.prices-exc1uding any effects of
increased fuel Consumption, overhead allocations and indirect costs-shall be considered.
(c) Onry the portion of increase in fuef prices not already accounted for within
the provision for automatic inflation adjustment set forth in Section 706 hereof, shall be
considered.
(d) In the event the Contractor does apply for and obtain an adjustment pursuant
I
I
I
to this provision, and should average fuel prices subsequently faU during a later annual
accounting period, these same calculations shall then be applied to effect an appropriate
prospective reduction in compensation applicable during the then~following accounting
period. The Contractor shall substantiate the continuation of this adjustment the
subsequent Fiscal Year.
...-.t~~l'.....,.."...,.'~"'l .- ,i~, .,." .~ ".~ ~.l~~~~""':..:.~~~'~""".""'"
.. .. ".... . ...... ~'''.'..
"
.'
. ~ ., . ' '. ", . ..
Emergency Modlcal Sorvlcas
ALS Ffnlt Rospondor Agreomont
Page 37
SECTION 708. ~ERfORMA~CE COME'~SA TION.
(a) Computation of Perfol)11ance Compensation. Perfonnance Compensation
shalf be awarded as faUows:
(1) first Due. Contractor shall be awarded, monthly, One Hundred Fifty
Dollars ($150.00) for each Unit, as listed in Appendix A, that responds to ninety
percent (90%) or greater of aU Emergency Medical Requests as the First Due Unit.
(2) RapiQ CHAR~]E1DJ;LIA. Contractor shall be awarded, monthly, Two
Hundred Dollars ($200.00) for each Unit, as listed in Appendix A, that responds to
all PriorUized CHARLJElDEL TA CaJJs within their EMS District within five (5) minutes. .,... . .........
and zero (0) seconds ninety percent (90%) of the time.
(3) At Patient Notification. Contractor shall be awarded, monthly, Seventy-
five Dollars ($75.00) for each Unit, as listed in Appendix A, that advises At Patient
Notification ninety percent (90%) of the time.
(4) Eirst Shock Notifjcation. Contractor shall be awarded. monthly,
Seventy-five Dollars ($75.00) for each Unit, as listed in Appendix A, that provides
First Shock Notification within one (1) minute and thirty (30) seconds or less from
At Patient Notification, ninety percent (90%) of the time.
. (5) CPR Training. Contractor shall be awardedt annually, One Thousand,
Two Hundred Dollars ($1.200.00) multiplied by the number of Units, as listed in
Appendix A, for each year in which the Contractor trains t\vo percent (2%) of their
~~{};.~'~~~'h~~.~ t)'.\~'." ~\,,::;"'<'~I" \'ji~H~"'~""" .
~ ,",
.... ..' ... - '...oIl. ...... " . r '. "or ~. i
, m~
,
f -
r
,
.,'"' '.',.
'.
Emergency Medlcaf Servlcos
ALS Firat Rosponder Agreement
Page 38
EMS District's fixed population, as estimated by the Plnellas County Planning
Department, in a nationally-recognized Cardiopulmonary Resuscitation Course.
Training sessions shall be held within the Contractor's EMS District.
Advances in technology Of the adoption, promulgation, modification or
change in interpretation of any federal state or local law, regulation, ordinance, court order
or national standard which render any of the above performance standards obsolete or
irrelevant shall relieve the Authority of its obligation to pay Performance Compensation for
Contractor meeting suc~ standard.
(b) Payment and Effect-of.Payment... -Performance Compensation shall be
paid on or about October 31st of each Fiscal Year for performance in the immediately.
preceding Fiscal Year. Performance Compensation shall be separate and apart from
Annual Compensation, and shall not be carried forward to succeeding Fiscal Years. nor
shall it be subject to the provisions of Section 706.
(c) Quarterly Performance Evaluation. In addition to meeting the
perfonnance requirements set forth in subparagraph (a) above, Contractor must participate
in quarterly performance evaluation meetings with the Authority.
SECTION 709. FUNDS TO BE USED SOLELY FOR EMS FIRST RESPONSE.
Contractor recognizes that monies received hereunder are derived from the EMS Mill and
that the EMS Mill, pursuant to referendum, has been dedicated solely to the provision of
emergency medical services. Contractorl thereforel agrees that funding provided under
> 't:~{.. ~~~~I"-'_''':c!~?tt,.
!"";.' ,
..,: ~..:,~~~~.::$Il".'~" C.'"T_T
. ..... ...
"
: . ,-, . ."'" .., .. ~
. .
.
Emorgency MedIcal ServIce.
ALS First Responder Agreement
Page 39
this Agreement will be used strictly for the provision of the services described herein.
SECTION 710. fUTURE/ADDITIONAL SERVICES.
Contractor and Authority
understand that, in the future, health care delivery and Emergency Medical Services may
evolve to include pathway management, an expanded scope of practice, primary care
services or other activities where EMS resources provided under this Agreement may be
used. Contractor and Authority shall cooperate in effecting such additional services;
evaluating the relationship of such services; and the impact of such services on the EMS
System.
SECTION 711. SERVICE CONSOLIDATION. Authority agrees that in the event of a
reduction in the number of Contractor's Units as a result of voluntary consolidation or
voluntary elimination of services, with the approval of the Authority, Contractor's Annual
Compensation for such Unit shall be reduced eighty percent (80%) and Contractor shall
use the remaining funding for EMS purposes only. Should Unit availability be voluntarily
.reduced in non*peak hours of operations, with the prior approval of the Authority, then
Annual Compensation for such Unit shall be reduced by the number of hours of Unit
availability, times the Unit Hour Compensation, times sixty-five percent (65%), provided the
. Contractor shall use the remaining thirty~five percent (35%) for EMS purposes. Should
the Authority be required to purchase additional EMS services from another provider or
should the Authority be required to purchase additional EMS services from the Contractor,
even if the services purchased from the Contractor are in a different area, as a result of
~ ,. "~ ..... .. . ".~.""" ..... ..--. .. ..
, ..:oM ~~.:,....).'~l";~' ""~ ,."
~
I'
, I.
~. \.'. " ~,do'"'. ..}., "."
. .
Emergency MedIca' ServIces
ALS FIrat Responder Agreement
Page 40
voluntary service consolidation or after a voJuntary service consoJldation under this section
then, from the time additional services are purchased. the Contractor's compensation wiU
be reduced by the remaining share, plus inflation adjustments, on a go forward basis, so
that Contractor will receive no funding as a result of this Section 711.
SECTION 712. ADDJTIONAL UNITS.
(a) Authority Furtded. During the term of the Agreement, the Authority may
determine that additional Unites) are needed. Additionally, Contractor may request that
consideration be given for approval of an additional Unit for funding purposes. If the
Authority determines that additional-Unit(s).are-needed from Contractor, then Authority and
Contractor shall negotiate a mutually-agreeable marginal cost compensation for such
additional Unit1 Units or Unit Hours. In those instances where the Contractor requests
Authority to fund additional Unites), the Authority shalf meet with Contractor to determine
the need for the requested Unit: If approved. the Authority will negotiate a mutually-
agreeable marginal cost compensation for such additional Unit, Units or Unit Hours.
Compensation for such additional Unit(s). or Unit Hours. shall begin upon approval by the
Authority.
(b) Contractor-Funded. Contractor and Authority understand that the EMS
System ;s a unmed. integrated system requiring the cooperation of all providers in the
System. To insure coordinated implementation of any improvements to the System and
to insure the integrity of the System, if Contractor desires to provide and fund a higher
. ~,:).~~ ,~t,J/,~~~(i;,l . r .. ..' '} , ~ I. .... . ":., .: ....,:. t,~'. :~~._, 't.J -:,.".....'".........-...''"''' ,......-. ~. . .
~. ~ ... . . .
"
. " .
. .
. .
Emorgency Medical ServIces
ALS Firat Rospondor Agreement
Page 41
level of service than that funded under this Agreement, Contractor will obtain approval from
the Executive Director.
SECTION 713. AUDITS AND INSPECTIONS. At any time during normal business
hours, and as often as may reasonably be deemed necessary, representatives of the
Authority or Medical Director may observe Contracto~s operations. Contractor shall make
available to Authority for its examination, its records with respect to all matters covered by
this Agreement, and Authority may audit, examine, copy, and make excerpts or transcripts
from such records, and may make audits of all contracts, invoices, materials, payrolls,
inventory records, records of personnel, daily logs, conditions of employment, and other
data related to aU matters covered by this Agreement. Contractor shall make availabJe to
the Medical Director its records with respect to all clinical matters covered by this
Agreement and the Medical Director may audit, examine, copy and make excerpts or
transcripts from such records. Authority's right to observe and inspect operations or
records in Contractor's business office shan, however, be restricted to normal business
hours, and reasonable notification shall be given the Contractor in advance of any such
visit. Records relating to contract activities shall be retained for three (3) years from final
payment in each year.
The right to directly observe Contractor's field operations, shall also extend to
authorized representatives of the Medical Control Board and the Medical Director; provided
that the requirements for polite conduct; completion of any training required by law; and
~
~
. . '.'~I :"~'~'.-"j"'I'H"I" ':4-.,- ('.'I./lI..,4.+...... .
Emergoncy Medical ServlcGS
ALS First Responder Agreemont
Page 42
. non~interference with employees' duties shall be observed at all times. Audits and
inspections shall be done to the extent permitted by law.
SECTION 714. FISCAL NOli-fUNDING. In the event sufficient budgeted funds are
not available for a new fiscal period, Authority shaU notify the Contractor of such
, occurrence and this Agreement shall terminate on the last day of current fiscal period
without penalty or expense to the County, except as provided for in the paragraph
immediately below.
ARTICLE VIII
TERM AND TERMINATION
SECTION 801. TERM. The te'""':1 of this Agreement shaH be for ten (10) years,
commencing October 1, 1997, and ending at midnight September 30, 2007.
SECTION 802. TERMINAIIQH. This Agreement may be terminated by the Authority
for cause upon twenty (20) days written notice to Contractor. "Cause" shall include (1) the
event that the Contractor, for any reason, faifs to meet the licensing requirements in the
State. of Florida pursuant to the provisions of Chapter 401. Florida Statutes. and (2) a
substantial breach of any covenant or warranty contained in this Agreement; provided.
howeve.r, that in the case of a breach of covenant or warranty, the Authority shaH provide
'.
written notice of such breach and the Contractor shall have the opportunity to cure such
breach within twenty (20) calendar days of receipt of such notice.
This Agreement may be terminated by the Contractor upon six (6) months written
........ l
-
a
I'
.. ,." ., ~
Emergency Medlcal ServJces
AlS First Respondor Agreement
Page 43
notice to Authority. In the event of such termination by the Contractor, Authority shall have
sole responsibility for providing. or causing to be provided. ALS First Responder Services
in Contractor's EMS District.
.1
SECTION 803. RESQLUTION OF DISPUTES. To facilitate the timely and effective
resolution of any controversy or dispute that may arise under this Agreement, Authority and
Contractor shall, within thirty (30) days after the date of execution of this Agreement.
designate a representative for the purpose of resolving controversies and disputes. Written
notice of such appointment shall be delivered to each member entity. The appointed
representatives are subject to change, and written notice of any sllch.change by ,any .entity "..... .
shall be delivered to all other member entities.
The respective members shall meet as often as the circumstances may deem
necessary to resolve controversies and disputes. To the extent that Contractor and
Authority cannot, after good faith attempts, resolve any controversy or dispute that may
have arisen under this Agreement, Contractor and Authority shall appoint a committee
consisting of one or more mutually agreed upon representatives from the Medical Control
Board, the Pinellas County EMS Advisory Council, and the Pine lias County Fire Chiefs
Association. Such committee shall review each party's submittal of its interpretation of the
Agreement and may request additional information as necessary. Any recommendation
of the committee shall be submitted to the Pinellas County Administrator and shall be 000-
binding. Either party may thereafter refer the matter to mediation in the State of Florida.
1..:..~~~~n.;ti"tJ:..Li. I >r},.'~',':{~+"I. ~.IHf~)'..L\..'L~.a',"'
"
,
'",'" . ,. .
.: ~'. . ".. .' >
I ':0. ... ~ "
Emergency Medical Servtces
ALS First Responder Agreomont
Page 44
If mediation fails to resolve the dispute, either party may pursue its legal remedies,
including. but not limited to, filing a Complaint in the appropriate court possessing
competent jurisdiction.
ARTICLE IX
MISCELLANEOUS
SECTION 901. NQN-PISCRIMINA TtO~ IN EMPLOYMENT. The Contractor will not
discriminate against any applicant for employment because of age, race, color, religion,
sex or national origin. The Contractor will take affinnative action to ensure that applicants
are employed, and that employees are treated during. employment, without regard to age,
race, color, religion, sex or national origin. Such action shall include, but not be limited to,
recruiting and related advertising, layoff or tennination, upgrading, demotion, transfer,
rates of pay and compensation, and selection for training, including apprenticeship. The
Contractor will post in conspicuous places, available to all employees and applicants for
employment, notices setting forth the provisions of this nondiscrimination clause.
SECTION 902. NOTICES. All notices, consents and agreements required or permitted
by this Agreement shall be in writing, and, as applicable, shall be transmitted by registered
or certified mail, return receipt requested, with notice deemed to be given upon receipt;
postage prepaid, and shall be addressed as follows:
If to Authority:
Executive Director
Pine lias County Emergency Medical Services
12490 Ulmerton Road
Largo, Florida 33774 .
,. ". ..-". .....
. e " '. . . ...... ~ . ._~. .......... .. .
. .........""'~ .~...... ...~:..:....:.:..:.:....:...:....~. -.--
r,
----... v'V
"
..
, ,. ,~ -"'\",
. .
Emergency MedIcal Servfc08
,ALS First Responder Agreoment
Page 45
If to Contractor:
See Appendix C
SECTION 903. ENTIRE ANO COMl?lETE AGREEMENT. This Agreement. as
amended, and all Appendices hereto, constitute the entire and complete agreement of the
Parties with respect to the services to be provided hereunder. This Agreement. unless
provided h.erein to the contrary, may be modified only by written agreement duly executed
by the Parties with the same fonnality as this Agreement.
SECTION 904. . OTHEB DOCUMENTS. Each Party agrees to execute and deliver any
instruments and to perfonn any acts that may be necessary or reasonably requested in
order to give fuff effect to this Agreement.
SECTION 905.. APPlICABl,E LAW. The Jaw of the State shall govern the validity,
interpretation, construction and petformance of this Agreement.
SECTION 906. WAIVER. Unless otherwise specifically provided by the terms of this
Agreement, no delay or failure to exercise a right resulting from any breach of this
Agreen:-aent shalt impair such right or shall be construed to be a waiver thereof. but such
may be exercised from time to time and as often as may be deemed expedient. Any
waiver shall be in writing and signed by the Party granting such waiver. If any
representation, warranty or covenant contained in this Agreement is breached by either
Party and thereafter waived by the other Party, such waiver shall be limited to the particular
breech so waived and shall not be deemed to waive any other breach under this
Agreement.
" ..,1 r '.' "'P~ .........
, .. ~ -. ~ ~'.' , .. .
t"
, ~. ~ , , r . '.,
,... .....
". . ~ > "" >
Emergoncy Medical Servlcos
ALS First Responder Agreement
Page 46
SECTION 907. $I;VERABILlTY. In the event that any provision of this Agreement
shall, for any reason, be determined to be invalid, illegal, or unenforceable in any respect.
the Parties hereto shalf negotiate in good faith and agree to such amendments,
modifications, or supplements of or to this Agreement or such other appropriate actions as
shall. to the maximum extent practicable in light of such detennination, implement and give
effect to the intentions of the Parties as reflected herein, and the other provisions of this
Agreement shall, as so amended, modified, supplemented, or othelWise affected by such
action, remain in full force and effect.
SECTION 908. ,CONTRACTOR IS INDEPENDENT CONTRACTOR. The paJ1ies ~gree
that throughout the term of this Agreement, and during the performance of any obligations
hereunder, Contractor is an independent contractor in all respects and shall not be the
agent, servant. officer, or employee of the Authority or Pine lias County.
SECTION 909. NO THIRD-PARTY BENEFICIARIES: ASS'GNMENT_ This Agreement
.. is not intended, nor shall it be construed, to inure to the benefit of any third person or entity
not a party hereto. and no right, duty or obligation of the Contractor under this Agreement,
shall be assigned to any person, private association or corporation, not-for-profit
. corporation, or pubHc body without the prior written consent of the Authority.
SECTION 910. HEADINGS. Captions and headings in this Agreement are for ease of
reference and do not constitute a part of this Agreement.
SECTION 911. COUNTERPARTS, This Agreement may be executed in more than one
I
I
i
~{~J~4';"}tJ~,,~~:,:~,';':.):.t.,.~H\:~\~"'~l'_f""''''''h''' ". c
" '.. ...
.... >"-~. ".,.. .... ..
"
-..
-
r
.'
,
."
'. "3-":'.") '}'
. . I, "; ::: :..t..~ ~ F \. ,..... :.>. <' 't., ".:,".t~>L'''''''~fTl.~....1 :". """c,..... .:.. . ~. ..;,... ..~.. .... ~ ..
Emorgency Medical Servlcos
ALS Firat Responder Agreement
Page 47
counterpart, each of which shall be deemed an original.
IN WITNESS WHEREOF the parties hereto, by and through their undersigned
authorized officers, haye caused this Agreement to be executed on this
, day of
,1997.
ATTEST:
KARLE EN F. DE BLAKER, CLERK
PINELLAS COUNTY EMERGENCY
MEDICAL SERVICES AUTHORITY,
by and through its Board of County
Commissioners
I:'
by:
by:
Deputy Cieri<
Chairman
[seal]
APPROVED AS TO FORM:
Office of the County Attorney
:.
;' c
,
, . c
G:\USERS\A:rn'A TYKB.11 \EMS'AGMT\FIRSTRSP. '97
. . I', r~ ..
..' 'CJ,k~;M~.(\Ii:" ~~",.- ~...:'
~" .. _ ....l.,........\~,. .. ...... ~......
f, '.' \ .,'
~. .'
\'
.,'
i J.
I..,. . . .... . C.'. . . .
I . ~'l'l':!/~-:(;'i:)II:...'i.'~~':io't1"J "I""~\''W . . >" > , . . ,'r .:' .
",';"Mt. ". . ~ . >. ......~ ". ,c\:"'7 U.a..:.tT;.~~"""Iol.r-",,"'.I" o:-;l~"""",,"'l.:r....~~~.":"_. .
" ~ ;
. .1:
>~
..'
.'q
" .
", ,",
~l. '., ~ I ,
.. L~ <
.~ l, .'
{~\~. . :"', :'
~ ~: . .
," . c~
t." (
"J: -.
'I~:C ..<
. , '
. ~ "
./ \
c;;)
"\ ~. .
Countersig ned:
. Mayor-Commissioner
"
.Approveda.s to fomi and
I~gal sufficiency: ,
':\ '
\.
\ .
. I.
. ..,..... .:.::' .:c...._ .,
, . .'I. t " ~ '.
l'
,
" ,
Emergency Medical Services
ALS First ResDonder Aareemw
Clrf OF CLEARWATER, FLORIDA
By:
City Manager
Attest:
<?ity Clerk
~
, .
I' >,
.' l' .
.,
>:
"
,. ,
. >
, .
'I'-rrl""'1;~::' ; l,:~ ',i ,C I. ~~ ":~/ ',',~ r. ..: ~ '!..~t: '1t :....:..c'''( ~;'"?: . c:'I~ ".~;"': I", ;.'\'! 1/'i'.;;' 1. """'~'.';~''F.~~ ,,.:, ".._,., ,~~~ 'HJ ". l, 'n
... " ~ .. ' " ..t,"
,\, " ~ I.. .
AppemU. A
ALS Flnt Responder Units
'" "l
City of Clearwater . 6
City of Dunedin 3
East Lake Fire & Rescue, Ine 2
City of Gulfport . 1
. Indian Rocks Special Fire Control District . 3
City of Largo 6
LeaIman rll'e & Rescue, Inc. 2
City ofMadiera Beach 1
City ofOldsmar 1
, Palm Harbor Special Fire Control District 4
. City ofPineUas Park 4
City of Safety Harbor 2
City of Seminole 4
City of So~th Pasadena 1
City of St. Petersburg Beach . 2
.City of Tarpon Springs 2
City of Treasure Island 1
,. .
. .
.t. ",
,.
"..' .r ...
'!- ,,',
~,.., .. . .
~ ' '. .
.'). , ;...
, ,.
H ' .,
:!>. .
.'
,.... "
j
., ":l. ..
,J. ~: ,. . .
J'
. .
......... "I~" ..'~I'~'. ':'~.: < .( '::L~" I;:~l~_: 't}o- '/ :+ ~j.:,;:.,,;...;,~. ,I............ Y'I:...... ~I", ...... :~.: '__1<_.. r.u..
Appendix B
Annual Compen~8tion f:lr Fiscal Year 1997-1998
, .
Clearwater
$2,389,953.00
$ 647,981.00
$ 400,000.00
$ 401,108.00
$ 722,567.00
. Dunedin
East Lake
Gulfport
Indian Rocks .
,
.,.
Largo
Lea1rnan .
51,924,461.00
Oldsmar
$ 788,178.00
$ 294,969.00
$ 200,000.00
,$ 845,027.00
$1,165,788.00
$ 652,290.00
Madiera Beach
Palm Harbor
PineD as Park
St. Pete Beach
, "
Seminole
$1,192,968.00
:-;"',' ..
.', .'
Safety Harbor
$ 611,446.00
$ 347,379.00
i.' .
':
South Pasadena
,\ , .
Treasure Island
$ 32J,026.OO
$ 614,556.00
TarpOn Springs
"., .
.,
~:
~. ". '
1,
'[i,' .
\. t.:'. . :
E/' ,
':". .
\" ,
'. "'!:
,
,. .
"
..
i .,.. .
-', -,,' ., ","",' >'.."
. .
. .
Appendix C ,
EJRST RESPONQER CQNTRACTO~&
City Manager
CIN OF CLEARWATER
112 S. Osceloa Avenue
Clearwater, FL 33758-4748
Chairman, Board of Commissioners
PALM HARBOR SPECIAL FIRE
CONTROL DISTRICT
250 W. Lake Road
Palm Harbor, FL 34684
City Manager .
CllY OF DUNEDIN
P.O. Box 1348
Dunedin, FL 34697-1348
City Manager
CITY OF PINELLAS PARK
P.O. Box 1100
Pinellas Park, FL 33780-1100
Chairman, Board of Commissioners
EAST LAKE FIRE AND RESCUE, INC.
3375 Tarpon Lake Boufevard
Palm Harbor, FL 34685 .
City Manager
CITY OF SAFETY HARBOR
750 Main Street
Safety Harbor, FL 34695~3597
City Manager
CITY OF.GULFPORT
2401 53rd Street South
Gurfport, Fl 33707
City Manager
CITY OF ST. PETE BEACH
7701 Boca Ciega Drive
Sf. Pete Beach, Fl33706-1701
Chainnan, Board of Fire Commissioners
INDIAN ROCKS FIRE DISTRICT
304 First Street ,
Indian Rocks Beach, FL 33785
City Manager
CJTY OF SEMINOLE
Seminole, FL 33772-5226
City Manager
CITY OF LARGO
P.O. Box 296
largo, FL 33779~0296
City Clerk
CITY OF SOUTH PASADENA
7047 Sunset Drive South
South Pasadena, FL 33707 ~2895
Chairman, Board of Directors
lEALMAN FIRE AND RESCUE, INC.
4017 56th Avenue North
51. Petersburg, FL 33714
City Manager
CITY OF TARPON SPRINGS
324 Pine Street East
Tarpon Springs, FL 34689
City Manager
CITY OF MADEIRA BEACH
300 Municipal Drive
Madeira Beach, FL 33708
City Manager
CITY OF TREASURE ISLAND
120 108th Avenue
Treasure Island, FL 33706-4794
City Manager
CITY OF OLDSMAR
100 State Street ,
Ordsmar, Fl34677-3655
G:\USERS\A TTY\A TYKB 11\EMSV\GMl'APPENDIX\APPENDLX.C
-.-
...
~
Ii
t'
,
~ ..'1.... ""<' <t>>"::::,,1"1?U\.'>.:~~"'J.t;~I."j'f/'f".~~V~:.~.:1.; ....~....
, .
AIlpendiJ: D
f;MS DI~tricts
The EMS District is defined as the Fire District for the following providers:
Clearwater Madiera Beach South Pasadena
.'.
Dunedin Oldsmar S1. Petersburg Beach
East Lake Palm Harbor Tarpon Springs
Gulfport Safety Harbor Treasure Island
. The fonowing EMS Districts are comprised of Multiple Fire Districts and are defined~:
. The Indian Rocks EMS District is defined as the Indian Rocks Fire District and the Redington
Beach Fire District.
The Largo EMS District is defined as the Largo Fire District, and LargolHighPoint Fire District
and the Belleair Frre District and the Belleair Bluffs Fire District.
The Lealman EMS District is defined as the Lealman Fire District and the Kenneth City Fire
District.
The Pine-lIas Park EMS District is defined as the PineUas Park Fire District and the Pinellas
ParklHigh Point Fire District.
I". .
I' .',
. ,
I.:.: .
i
.,
~
..
\)
EA.S'l1..AKB
GUll or IIZ:UCO
.,
,.
~.~{..tb!,,;."'t';t>h~YA:_!_11~':!ll)~~)':':"..J,.1 ~~;.-i~,... l......\~ ....
PINELLAS COUNTY
FIRE DISTRICTS
PINELLAS COUNTY, FU1RIDA
"
APraomun 8CW! Of ruT ~
SCAlI I" · 2??oo' N
IUJlal 1"1
PREPARED BY nm omCB OF mJ:
PlNIlUS COUNTY' PROPBRTY APPRAISER
JIM SloIITH
TAMPA ILlY
, .
. '!.. )~,
. .'
. ,.
........}~.(~.. . ~ .".~. ":~".'l:I::ll'Y ~:"'.""~"\ "'("'_1 ~:'.""""'f"l'->;,.....io.i"."'" J;......~..~.~~... h .
Appendix t
On Scene Equipment Exchao2e Item~
- Cervical Collars
M Short Spinal Immobilization Devices
- Long Spinal Immobilization Devices
.. Traction Splints
. - Air Splints or other Limb Immobilization DeviceS
- Medical AntiMShock Trousers (Adult and Pediatric)
.,
. ~ c"
~ ~ I
,.
~ ~ ~ . I'
, ,.
. c ,
, c
I;' .
I." .
j .;.:i > ...
. .1~J ." .
. .~~.~::~ c:. ;,' .
,.
\:~ ~'., " . . .:
f -:'.". '.
'( ~ :.'. ~ ~.I
., ,
,'. . ~ I
'I .
.,
"
-
t'
. .
. .,
.. '.;'. ~/', " ~ ".". '7,: ~ ..,.,. ,,; .'.!":r~f"'!-' ,,;. ~ ~','"jl"'L"":' ,~, ,..':,~<~,,~ "J ..' . ,.:.. ,. . '
.
,
Appendix F'
EMS Eqi,ipmmt
Provided ~y Contractor:
'U
EKG MonitorlDefibrillator
Medical equipment bags
.. Nitrous' Oxide tank and regulator'
Orthopedic stretchers
Oxygen regulators, gauges and flowmeters
,. Portable oxYgen tanks
Portable suction unit
. Pressure infusion pump with gauge
Rescue equipment required by the Department
Stair chair .
\ ,<'
. ~.', T
..',,-, >
. Provided By Authority.:.
;. . .l" 'f
Blood pressure cuffs (Adult and Pediatric)
Brosetow tape
Capnographers
. Forceps .,
. Laryngoscope blades
Laryngoscope handJe
. Lighted stylets .
Medical Box - PIano type drug/trauma
. Mouth prop
. Penlight
Pulse Oximeters
. RingciItter
. . Scissor - bandage
.. Scissor - trauma
Stethoscope (Adult and Pediatric)
C . ,J .
.'" .
I,.,:
. ..
~ f:, c . ," , . I
..
~ ., . <' .
, .
.. .
. ,
,
c~ . .
I;"]C' .
{\,. c'.
.,'" ~
~::.~ ':,:
I~~':.';: '. . .
1)'\.',;' : :,. '
I~:::<, ". -,>~ .< < .'
~:~ ":'>~~< e ,
,. ,
~~!i~JJ~~~~~~~~'_.~'.
'.
. ~-~...... ...~-~,...,.....--... I--"_~-~.""""""-''''-'''--'''*'''''''ll-t__'''''-''
.. . ,
, ~ ,\/:lC.
v
-
-
,..
'e
,~ '
ii$~i;;Wi('~ViH~;~r~~;~:!~1;\)jf;tW,fi,;;;t,c't,,\c
.~':t::- ~ :''''(\~':.'J::}JJ':,
Item #22
,;','
',+)'''T
" .~', :
:~;';" I .'
~ . .:
t~,: ,. ~; .
.i'
+.i
c.. ~ ..~_...::---~""<V
u --:*W~ti\~h.m~t.f.hi,j,.':".'l.lj~.~H\~l:Y; 'Ej~~ti'o~;..:.m,lCf .J~~atJ~~,.,';) l' '. "\ '~I<\ \ :.. ;'
:: ~ ;.:,:' .<i.~~':,: "$: ~ \t;.... },ic:;J~~</U. ~.....
:;.-. f < ~ \
~%O
:'<,T
c:
"
.'
>,
,
'.
:./.
. :
~;, ~
.Ii.
~:" .
\ ~ ,
j-"..
i,
L
,. ,
^;<c
.~J
~~,.:. . ..; ,
..'
".
,
~ I.
...
i:.'
\ .,~.
F:.::.
I.,.~:- ~,\.
I:~~\:< .
I' .
,l,tV,',
::...., I,.'.;
". .
I ~~.' '. .
"
"
-w-
.f . ..",
. 35 :i
,p
E.".
Clearwater City Commission
Agenda Cover Memorandum
IlemN: :~~ ..
Meeting Date: .~.;
~: I' . .
SUBJECT:
Purchase of a Mechanical Street Sweeper
RECOMMENDA TlON/MOTION:
Award a contract to Vantage Equipment, Jacksonville, FI for purchase of one 1997 Elgin Eagle Series F
Mechanical Street Sweeper at a cost of $121,720 which is the most responsive bid submitted in
accordance with City specifications, funding to be provided under the City's master lease purchase
agreement in the amount of $121,720;
IBl and that the appropriate officials be authorized to execute same.
BACKGROUND:
~ Additional unit for Public Services that will be used in the Stormwater Utility program to sweep residential streets and
reduce catch basin clogging.
~ Bids were solicited on May 13, 1997 and received on June 9, 1997 from Florida Municipal Equipment ($119,970.),
Jim Hardee Equipment ($116,150), and Vantage Equipment ($121,720).
~ All units except the unit bid by the low bidder aim Hardee Equipment) were demonstrated. Jim Hardee failed to
respond to verbal and written requests for demonstration and was excluded from evaluation.
~ Unit demonstrated by Florida Municipal Equipment did not perform satisfactorily.
~ ~
~ ~
~ ~
~ ~
~ ~
Unit did not pick up all debris and hydrostatic drive difficult to control and pickup all debris.
Squeegee design elevator operation causes excessive cab vibration.
Unit does not meet specification for conveyer belt system with integrally molded cleats.
Unit does not meet specification for variable side load dump.
Unit does not comply with specification for automatic broom lift when unit placed in reverse.
~ This equipment will be Lease Purchased, the estimated operating cost for fiscal 1997/98 is $13,934 and is budgeted in
419~02090~571300~S82~000 (prindpal) $10,783 and 419-02090-572300-539-000 $3,1.51 (interest)
Reviewed by:
Legal
Budget
Purchasing
Risk Mgmt.
IS
ACM
Other
N/A
--'
N/A
N/A
~'J~iJ~~~ttrt~;~",,,"\"';1r~..,,i,-,, ~...." "
Orfglnatlr1g Oopartmlllt:
,~~:. ~\:~~.
~~t:
Uo S.mOM
$121,720.00
Costs:
Commission Action:
o Approved
o Approved w/Condillons
o Denied
o Continued to:
Total
$121,720.00
Cummt fiscal Year
Funding Source:
I8J CJpll.d Improvement:
o OperolUng:
Advertised: Warfield'. Tampa Bay
Revlewnamp.l Tribune
Date: 5-30.97/5.232.97
Paper:
o Not Required
Affected Parties:
IE] Notified
o Not Required
o Other:
Attachments:
Appropriation Code
315.96117.59100o..S01.(]OO
o None
. .... cO, ..........(, ,~... ",. .~.
'~.;~'\'.I .. ............-.......................__...-I......T......"'. ~..;, ~.. .'r .....r.'..c.. :.. ..~....- ~~ .
. '~.""'''~~'''Mc, ' ,.:,~ ..
r.
,.
..j ~. .
.. ~. .
.. < - _r<' .... T,.. ~l': .::.": ::-'~~\i 1:~.1 ":"" ...~.>"~""':"........:- L ":....:. ,~. ~;".v;.,.. :c'~fr-:-. : t~, . ':;~ .~~ \ " fa~~ ...... ....~.....
~ ,'. I
.'
..
., '
., .
,~, .-
~. ' , ' .
~~:'~'~ ~ :.c~ ~
1<1' .
~~; :'<:0.....: .
- >" I' .
/.::~'(.. ..(. '
" ~ '
,
/,,\ :.:::
".
~, ~ " .
'. ,
.. ~
-,
.'
ffi
i. '.~
~ .f
~ :(i
.. ..~. l;l
~g~. ., ~.
~Zlft
<~W
..IG~~
.~ W 2.3
~i:g~. :
. 6 i ~ ~. ~l ..
~~'itrtir~.,..<<H~"""'''''._'''.':' ~
c:
W
Q.
~
J-
W
UJ
~
g
g
w
.2
"
~
M
...
c
ii1
I&- ti
0
i w 5
II)
O~w~ 0
a:
ll.
::) ~ lI)3i ffi
II') i3 :Zw ...
>= _w2a:: lS
....0
..~ c: OW~b ~
.~. (fIO: - i
. !Xl
m ~ ~~2~ 8
.~t"-."-'-'-"'_.\~""""'W~,,,l.~~~ to'
J' g -'."'_.t_......,..,.. ,__~ ~'L:'. ..
r
a
ljs
B Do JII
'EB~
~Cl
"BM
.s.!
ja!
~
e
B
~
=
d
~
i
""
~~loilUi~.k..,;~...~. :
~
a:
~
o
::i
m
:;:)
e:
(!)
z
a:
w
w
z
a
ffi
-...---
CB~ !J~
~ co2 .~'O
U; U
~~e. 'fiB.
.s8< -0
e B '0
~~f tli
::15 e.....r
e... '0 ::I
a.d:I >00.
~! .c ~~
g.e_~ ro.~
"Qep c60
a,C! :fi13'C
==ica c,gffi
S_R acnc
'0::10 O)Co
.!! ~ It .5 8 :5
.~ .!!! ~ i; Q) .8
E..J ~~tf
t.Q~ e~a
ulia. cu..:e
'in 41"'~
ep ~ .z: 2l- 'C
!ei cg~:
~ci ~-i.E
~~I i ~~
:5a~ i<8
f:~ i~H
e ~ CO 0) ~ .x GJ
a.,.Q B :S e w ~
aSS e!~~8
i f! !~ ~ ~
B&~~:g~~i
.. 11.!!! ~ 8.'~ iCJ ~ '2
rc e ~ ~ K'-. .9 ~
dt 8.0"D_ SLQ~S
~ jijiifd
o ... ~jt'2.!! 01'0-
.2. G.6~1e~igi
f fj~lfliJ~
J f;iijlil
,.' ~J~ I ~~
~ ,'....' .
8
N
...
C.
~
!
...
8
E. "E J!J '0
e~! "':8
~~C/J ~_i
Q.~ - C
DO C1.1D
~.s 2' ..~ E
:c 'C .- V~ .-
~i~ EE
!:j i:
,gic:n _o~
cnc.s E
-0) -.c
~Ef ~~
1:1'1 IUS
=2 ~~ vi .g Xl
t)j'OC0410
::J!ti~~~
.8cCii...~~c::
:-ou.!!to't (Q
j~BliUf!O:
iiii::J.,jic
~~~~~~~
8.~.e.o:= 2'~
1l!!lrJ:~i
~~~~f~~
! !2~lllo.!1
enE.f:R-b
-CJ:S.5'2=
.~ fi Jf en '0 ~
i eJ5!! tTu;
'ti~-8eg!~
!.9~~;B;5
~!J!J~8.i~
~::J.!2-iic
:ge..,t~'C.g
nJeu-cCc...
fie~~~nl~
'0 8.~ ca!E c
I I ~ .11 ~ -;
-61 ii=O ep!
.. R~! i i ~
It~.. .so _
i~g~~~o:a~
~o2B:o.ci 8
.. I !! i i B l.c
Ji~jJ'G~
'" K ~ . e'~ 8.
ill'~ itl
:I~ i!8
II
~
:e
c
If
ro
::I
C
~.
II)
::I
o
::J
C
:=
8
~
0:
~
CJ
:J
m
::;)
a.
e-g~
~"C~
lU ::I rIJ .
oS g i .~
.s';;.! 1]
CU'- Q. 1!:-
....r i!: - .;;;
C ~ c 'V
~Q)~ ~
.9- cn 9l c:
::I~m 0
gj?a. :u
. c e C
U)._ C
GJ...C lU
;e.e'~ ~
:N .~.... &i
.GJ.$i (.)
Eg~Gi i
e!'O 010. '0
"CcclD c
>. lU "2 'tJ nl
.c .- c
!CE~ -g
::Ke~ 5
CU'- Q) (Q en
>~~.c
1U g: E ~
> .-e en
~~f~ .~
=i82' E
.~ ~ ,g ~ ~
GJ:mmj en
(1)0.. .~
III. B a:s 0. J9 m
.s...mesi
e.e.- lD
01 it.s 0):5
... e !2 c:
m:c E~ c
LUc:~...es
jJ~::JQJ8.c
" ..... ~ e i1i 0 .-
~EB'=~g'E
~ ~ ""S1;;S
Q.E i!il:-lD
liNe. ~~~
o li 01- :.c
Io.e.-cos;:
ce~it'g~?j
.E"-gBc.2m~
co it'- G.l n
~'!eij~~d)
Q. Q) 1::: Xl Z
G j;;.- ::J J
D::411i!ir "F
"Sl!:!f:' So
:; &l~.!!s8j
E - ~ ~ 01 III Ola.
S ~eOl.E3:cCl)
Ii E.c '0 1U :c ~
t! c - ~ C:.c e 'II)
.., -I '0 .a'2 8. c
CI) a: iCi;O~
~ ~ JB ~ ~ i
:'Jto I ~ ~ ~ ~ .S ..
, ... .. ",. . ~.,.,.. '" ~. ."... '. "..-..., ..".
--
--
iI
.
.
If
I
I
II
I
I
I
I
,
,I
I
I
I
I
I
I
I
I,
rl
,.
.
. . :" .,' L.. ,'I' 'I.,.I.,,~~.~':_,'~\"''''''
" ~. ,".. .....' , . . ...... ,
. I
I
,
o
TO:
Interoffice Correspondence Sheet
Vern Bales, Fleet Administrator/General Services
, I
FROM:
Helga Lanier, Administrative Support Manager/Public Services
~~(
" ~
COPIES:
Gardner Smith, Public Services Director
Muhammad Abdur~Rahim, Road & Drainage Superintendent/Public Services
Fred Belzel, General Services Controller
I
f
i
DATE:
April 24, 1997
RE:
Purchase of New Mechanical Street Sweeper
,
rt
~
This is to request that you start the purchasing process for the new Mechanical Street Sweeper
that was approved for the current Fiscal Year 1996/97. We delayed requesting this of you due
to the specific instructions from the City Manager not to have any of the Lease/Purchase
payments reflected in the current yearts operating budget. As we all know, the entire process
of going out-to-bid, requesting purchase, waiting for approval from City Commission. and then
the actual purchasing will take at least 3-4 months (or longer), so its time to stan.
For any details you may need on the specifications for this Mechanical Street Sweeper, contact
Muhammad Abdur-Rahim, ext. #6558. The proper code to charge the estimated amount of
$130,000 is: 315-96117-591000.581.000.
If you should need any additional information thal I can help you with, please call me at ext.
#6587.
$
,
. t
.... -_ ~. ~.- . ~ ~:? n I
;-=- n \'.. olio FT' .t \~ .p ~
L: :'-..liIr ~~;: "" "'" ~
APR 2 4 1997
--....----.
-----..
.
.
'.
1(~~~~!.i~_~~~~.J~~~~~"' ~ .
. T__~+n. ... ~'~...-...+......."4".....~..'... ......-.~... ...,-...N~~'io........::t;,.., I ~~.. ..... .'Ii- ~ oJ. ...."..~.~. . ......... ~_ 'P' .
~
l'
.
~.....~ "';, ~, ~
" ... :','-. ,
. ~.', !. '.:;,1 .';... ~'}.~ .,l!~ ''''', 'd' I ,~. ~ ~"" . ~ c . c
. FILE .No.20S 09....18 'ft1 11:07 JD:Konica FAX9615FP
FAX:
~ 1
VAHTA~ EQUIPMENT COMPANY
"eul,IDlAAY 01' IIMI'OHWI",~ ttOUllHQt.LTV,
September 18, 1997
Mr. Vern Bales
Fleet Adroinietrator
City of Clearwater
1900 Gratld Ave.
Clearwater, PL 34625
Subject: ~chan1eal Street Sweeper
Bid #130-97
Dear Mr. eales,
Please be advised that a Ford Ci-eOOo chassis is available for the
City of Clearwater Bid 130-97 in ~ccord8nce with our bid submitted
~at.ed June 9, 1991. We are able to hold the price of this bid
until October 24, 1997.
-'.
Sincerely,
_..
,....
. . .
?k~
Chet shedloski
TRrritory Manager
9305 PHU.lPS HIGHWAY · JACKSONVILLE, FLORIDA 32268
1879 SW 31ST AVENUE · PEMBROKE PARK, FLORIDA 33009
2205 FORSYTHE ROAD. UNIT F · ORLANDO, FLOFUDA 32807
· (904) 363-3008
· (954) 964.1111
· (407) 877"7771
_.lI
"
- .
,-
.
i."
J';'<" .
.,." . ,\. u I .!' ~: 0' c' ~. r"', ,.......... Jr . r
... 'e."" ~ .. ..r . . .
. . f u:t.i~ C ....\J.:.1i.. I
. J UNO 9 1997 .
lE::"::.".:-.i'~:!::~. -. 7:~:~t..~.~~lt~~~".;':~~:z:
INT~RDEPM'Il4ENT CORRESPO~EllCE
TO:
Vern Bales, Fleet Administrator
FROM:
George McKibben, Purchasing Manager
Fred BeIzel, Acting Director/General Services
Bid #130-97, Mechanical Street Sweeper
COPIES:
SUBJECT:
DATE:
June 9, 1997
Please,furnish the following information so that we can
complete processing your requirement{s):
1.
( )
Purchase Order Contract expires on / /
If you require contract renewal, submi~purchase
requisition with quantities, item descriptions and
specifications as applicable.
Evaluate bids/quotes and make award recommendation.
Narrative justification signed by Department
Director is required if recommendation other than to
low bidder. Bid expires September 7, 1997.
3; () City Manager approval required. Purchasing will obtain
obtain approval after receipt of recommendation.
(X)
2.
------ -
4. (X) Agenda'Memo Required. (To be prepared by Purchasing after
receipt of recommendation)
.5.' (X) Commission Approval Required.
6. () P.O. must be issued by date
price extension may be required.
or
7. Bid Advertised:
(X)
( )
(X)
( )
Warfield's Tampa Bay
St. Petersburg Times
Tampa Tribune
Other:
Review 05/30/97
_/_/-
OS/23/97
_/_/-
. GEM
~
j'
"! :.,
.: I '-:...
. ". . (.. ~ r.[. I t ,~' J::- :,1". . i '. ~ ..
.
..
VANTAGE EQUIPMENT COMPANY
~ 5UIISIDIt..A'Y OF ENVIROHUE Nt t..\. HO\.DlNGS. L Tt),
June 5, 1997
Mr. George E. McKibben, CPPO, C.P.M.
City of Clearwater
Purchasing Division
100 South Myrtle Ave.
Clearwater, FL 34616
Dear Mr. McKibben,
We at Vantage Equipment (fonnerly Ray Pace's Waste Equipment)
appreciate the opportunity to participate in your bid process.
We have quoted our ELGIN EAGLE Series WFW Sweeper mounted on a new
FORD CF 8000 cab & chassis. We have indicated on our response
sheets those items which are .standardft (std.) and those items
which are "optional" (opt.). Our quoted price includes all items.
We have enclosed warranty information for your review that
demonstrates that we have met all your requirements for extended
warranties. We also have enclosed descriptive literature on our
unit.
.. '
We hope you find our bid in order. Thank you.
Sin~relY I
d~!~. 7~~
Gary E. AdleburO
Sales Manager
9365 PHILIPS HIGHWAY · JACKSONVILLE, FLORIDA 32256
1879 SW 31ST AVENUE · PEMBROKE PARK, FLORIDA 33009
2205 FORSYTHE ROAD, UNIT F · ORLANDO. FLORIDA 32807
. (904) 363.3008
. (954) 964-1111
. (407) 677-7771
. ,\~.d.../..l"><:"'~h/~,t., : ..:::.c~ ~~''<1"f;....\u..'I-of'~'''~'.'
.~"''''''-"4'''''-''''''''__'''''-''''..,...i...~.... I
...II ...... ~,....... T' ..... .".. " c ~ ...... . ..' .
[U
,
"
.' ,>'
. '.1;
. .". + ~ r '. ;.:-". f'I<," , .' "'... .
..
.. . ,,~ .
. .
VANTA G E EQUIPMENT COMPANY
t. Sr..I8StOlA!l;W OF EN\'IRO"-UEHT"'LHOl.Ol~GS, un
DEVIATIONS TO SPECIFICATIONS
1. The specification calls for 12,000 lb. front ax:~ with
13,000 lb. suspension. Based manufacturer's reco~~ended
GVWR we supply a 12.000 lb. front axle with 12,000 lb.
suspension.
2.
The specification calis for
23,000 lb. suspension.
recommended GVWR we supply a
21,000 lb. suspension.
3. The specification calls for a stainless steel muffler on
the auxil iary engine. Our muffler is galvanized mild
steel.
21,000 lb. rear axle with
Based on manufacturer's
21,000 lb. rear axle with
4. The specification calls for a 105 amp alternator on the
auxiliary engine, our standard alternator is 95 amp.
5. The specification calls for a 48 hour shipment of parts
or the parts are supplied free. Since there is no stated
expiration (is this for one year?, five years?,etc.) we
are unable to comply. We will, however, state that we
have three full service parts locations in Florida and
that we inventory in excess of $250,000.00 in ELGIN
sweeper parts. Also ELGIN's factory record of parts
availability is better than 95% same-day shipments on
orders received. We also state that if the City of
Clearwater ever suffers excessive downtime due to an
availability problem on an ELGIN manufactured part, we
will provide that part free of charge.
9365 PHILIPS HIGHWAY · JACKSONVillE, FLORIDA 32256
. 1879 SW 31ST AVENUE · PEMBROKE PARK. FLORlDA 33009
2205 FORSYTHE ROAD, UNIT F · ORLANDO. FLORIDA 32807
. (904) 363.3008
. (954) 964.1111
. (407) 677.7771
~
I' ...., . ;,
.~ .-'<- .
.::. <, ~:~~: . .,...: .
.. ,>;.r':i'~~/\~
~
\\17
~
,
'j, ..;. .
>. ~ . . I ~.' .' . <
3S~
Clearwater City Commission
Agenda Cover Memorandum
Ilem#: .. :2..3
.:. I f:J.It.. qT7
Meeting Date: .~.
SUBJECT:
Purchase of Unleaded Fuel - - Louis Dreyfus Corporation
RECOMMENDA liON/MOTION:
Increase the unleaded fuel contract with Louis Dreyfus Energy Corporation, Atlanta, GA, by an
estimated amount of $37,500 for a total contract of $137,500,
00 and that the approprIate officials be authorized to execute same.
BACKGROUND:
Due to recent increases in fuel prices and increased usage of the City's fuel sites by Public Works, Solid Waste and Fire
the amount allocated to louis Dreyfus Energy Corporation will soon be exhausted. The departments using the City fuel
sites have found this to be more convenient than going to the vendors available through Voyager Fleet Systems. The
current contract with Dreyfus expires in December 1997.
Assuming there are no additional dramatic fuel price increases the amount paid to Voyager Fleet Systems should be able
to be reduced.
Reviewed by: .
LepI
nudget
Purchasing
Risk Mgmt.
IS
,ACM
Other
N/A
Submitted by:
., . !OtyManapr
. 0 MnleCl on reqCled ~per
Originating Department:
m ~.General Services
u~r~ ?~
Various
Commission Action:
o Approved
o Approved w/Conditlons
o Denied
o Continued to:
Costs:
Total
Current FI5cal Year
Advertised;
Date:
Paper:
IRI Not Required
Affected Parties:
o Notified
lEI Not Required
Funding Source:
o Cqlullmprovemrnt.
IX] Opcro\Unll:
o Olher:
Attachments:
Appropriation Code
o None
'~~i:.l;J;fi{1.Ul1:k._~,"''':"~;{kl~~i~,,,'.;,.~~.~;... ,:""" . <of' .....~...HI .~..
'----~i<>-'u.~f.....:~?-.._~~~_.~~r_.'~'.,.~...' .'~,'... I ~..~.';l >~ ':',,"a,:'~~1J{""
~~
,.
I
I'
I
I
I '
. , '
." , ?; ." .:'.~'~'," {"
.,! ." I .,
~v..~~~b ~3
~(:QIearwater
:: ~~;:~.;v' ....~;,.1.1:,.
"
u
Interoffice Correspondence Sheet
General Services Department
From:
Mike Roberto, City Manager
Cyndie Goudeau, City Clerk
William O. Baird, General Services Director
To:
Date:
October 14, 1 997
RE:
Commission Question Regarding the Agenda Item for Dreyfus
Concerning Tax Issues
Unleaded Gasoline
Diesel Fuel
Voyager
(Outsource)
The City pays all applicable taxes
at the pumps. The City applies
for refunds to the State on a monthly
basis.
Federal Excise tax is exempted.
Emergency use only -
Not a significant quantity.
Bulk
(Dreyfus) .
Fuel is purchased by the City and
delivered to City sites. The City applies
for refunds to the State on a monthly
basis. Federal Excise tax is exempted.
The City applies for both on and off
road refunds monthly. Off-road
equipment are tractors, etc.; on-road.
vehicles arc trucks, etc. There are
different tax structures for both
categories.
RE:
Commission Question Regarding the Agenda Item for Dreyfus
Concerning Fuel Quantities-Unleaded Fuel
Commercial Fuel (Voyager) for the period 12-1-96 to 11-30-97 was projected at 435,500 g.allons
based upon historical consumption data. Actual consumption has been 296,263 gallons for the
period 12-1-96 to 10-13-97 which projects to 323,196 gallons if extended to 11-30-97. This
projection is 112,304 gallons less than the original estimate.
Bulk fuel (Dreyfus) for the period of 12-16-96 to 12-15-97 was projected at 100,000 gallons
based upon historical consumption data. Actual consumption has been 112,569 galIons for the
period 12-16-96 to 10-13-97 which projects to 135,083 gallons if extended to 12-15-97. This
projection is 35,083 gallons morc than the original estimate.
"
I'
,
, .'
~.;;: /;. : ':
. .>!; :':~:":~::/?':~'>i:~'~.(.(;:,ij "..
" ,. ,~'$'. ., >.
,.'
i'
~ v. . ~ W-O Q..:, City of Cla'lWata,
General Services Department
Unleaded Gasoline Usage changes
10/14/97
C.IWlNOOWSITEMPIlFuel ANlyslt .1'15'-11
UNLEADED GASOLINE
Original Projection: (From BPO's)
Gallons
(Dreyfus)
Bulk
100,000
(Voyager)
Outsource
435,500
Total
535,500
UNLEADED GASOLINE
Present Projection:
Gallons
(Dreyfus)
Bulk
135,083
(Voyager)
Outsource
323,196
Total
458,279
. UNLEADED GASOLINE
Change In Estimate:
Gallons
(Dreyfus)
Bulk
35,083
(Voyager)
Outsourco
(112,304)
Total
(77,221 )
L;
.,
.' .
,~. .
, .
Prepared by Fred Belzel10/14/97
;)
I; '. .
; '~~:"l~~~~~~'~ . '. ... ."'....~~..............""".':~~.--...~I'#i...~~i.i:,:".;~~'l~h ...~.... ,: ,,~~...,I..... ";i,"f/ ~1 ~t\...." .., ~~..i~"""'(HI '.<' " ~ r .,'
Page 1
. ......
-
.' .',.... -,,','
,
.
~
l-t l\ ~
Clearwater CIty Oommlsslon
Agenda Oover Memorandum
II.mN'~'
Meeling Dale: J.9_~~.:
SUBJECT:
Disposition of Surplus Gym Equipment
RECOMMENDA TION/MOTION:
Authorize the City of Clearwater to award a contract to Ervin's All American Youth Club, Inc. to sell
surplus gym equipment.
lEI and that the appropriate officials be aulhorized to execute same.
BACKGROUND:
Section 2.622 of the Clearwater Code of Ordinances authorize the City Commission to enter into a written
contract with the highest bidder on the sale of item or items of an estimated value of greater than $5,000.
On September 7, 1995 the Economic Development Loan Committee approved a loan to Mr. John H. Whetzel,
Jr. and Yvonne Whetzel (WOW) Investments, Inc., d\b\a The GYM for $35,000 to operate a gym at 516-524
Mandalay Avenue, Clearwater, Florida. The loan was a federally funded 9.5% fixed rate 4 year loan with a 2
year balloon. The owners notified the City on August 28, 1996 that the gym was closing. WDW gave the City
a bill of sale for gym equipment used as collateral for unpaid balance due to the City of $30,683. The City
took possession of the property in September 1996. On October 16, 199 6John and Yvonne Whetzel filed for
bankruptcy. The U.S. Bankruptcy Court gave a Notice of Discharge of Joint Debtors on January 9, 1997.
On March 6, 1997 the City Commission declared the asset listings from WDW Investments, Inc., d\b\a The
GYM surplus to City needs and authorized disposal through an auction. Due to federal mandates which
require a 70% low to moderate income benefit, the City solicited for bids from public and private
organizations who.provide services to the low income community. Ervin's All American Youth Club submitted
the only bid in the amount of $3,000. The youth club submitted a cashiers check on August 22, 1997.
The property has a market value of $15,656 and a liquidated value of $10,135.
Reviewed by: Originating Department: Costs: Commission Action:
lqal ~ Housing and Urban Development 0 o Approved
Budget N/A Total o Approved w/Conditions
Purch.slng User Department: 0 o Denied
Risk Mgmt. N/A Current Fiscal Year o Continued to:
IS N/A Funding Source:
ACM o Capl~llmpfoYemenl:
Other Advertised: 0 Operilllns;
Date: Au&ust 1, 1997 and 0 Other: Attachments:
August 2, 1997
P.lpen Tampa Tribune and Weekly
Otallenger
Submitted by: ~ 0 Not Required Appropriation Code
Affected Parties:
City Manager ~, ~ 0 Notified x None
0 Not Required
""-"
o Printed on recycled p~er
~
"
.
M~ !1-
Clearwater City Commission
Agenda Cover Memorandum
Item #:
~
I () . ".Of'?
Meeling Date:
SUBJECT:
Clearwater Bay Marina, Inc. Agreement
RECOMMENDATION/MOTION: Approve the Agreement with Clearwater Bay Marina, Inc., from
December 1, 1997 to December 1, 2002, a five (5) year period, for the collection of dai Iy launch fees at
Seminole Launching Ramps for twenty-five percent (25%) of the daily fees coffected
lEi and that the appropriate officials be authorized to execute same.
BACKGROUND:
· The city established an Agreement with Clearwater Bay Marine Ways, Inc. to collect daily launch fees at
the Seminole Street Launching Ramps on October 1, 1986. The revenue collected for the launch fees at
the ramps is used to payoff the loan on dredging, maintenance of the ramps and for future dredging of the
ramps. Several years ago, Clearvvater Bay Marina Ways, Inc. was changed to Clearwater Bay Marina, Inc.
· The existing five (5) year Agreement between the City of Clearwater and ClearNater Bay Marina, Inc., to
collect daily launch fees at Seminole Street Launching Ramps will end on December 1, 1997.
· In return for collecting the daily launch fees, Clearwater Bay Marina, Inc., retains twenty-five percent (25%)
of daily launch fees collected. The city receives seventy-five percent (75%) of the daily launch fees and
one hundred percent (100%) of all monthly and yearly launch fees sold at city locations. The present
launch fees are: Daily - $3.00, Resident monthly $1 0.00, Non~resident monthly $15.00, Resident yearly
$100.00, Non-resident yearly $150.00. No increase in fees are recommended.
o Clearwater Bay Marina, Inc., has met all the terms and conditions of the existing Agreement and they have
agreed to meet the requirements of Americans with Disabilities Act (ADA) when selling daily launch
permits to disabled customers.
· Staff recommends another five (5) year agreement at the same percentage rate for the collection of daily
launch fees at Seminole Street Launching Ramps to CI ter Bay Marina, Inc.
N/A
N/A
N/A
N/A
User Department:
Marine
N/A
Tolal
N/A
Camenl fiscal Year
Commission Action:
o Approved
o Approved wlConditions
o Denied
o Continued to:
Reviewed by:
Legal
Dudget
purchasing
Rkk Mgmt.
IS
ACM
Other
Originating Depart
Marine
N/A
Advertised:
Dale:
Paper:
Funding Source:
o C;lpll~llmprovemenl:
o Operillln&:
o Olher:
Attachments:
City Manager
o Printed on recyclw paper
e Not Required
Afteded Parties:
o Notified
9 Not Required
Appropriation Code
o None
AGREEHENT AVAILABLE IN CITY CLERK DEPARTHENT - NO W h er-c:.
.~"""".,"~.j"t.,"<oI.... ,>>". ,., ~,... .
II...\J+J.
. - ...... . ~. . ., ,.. .... ..,. I~
......... ..................0
r
...~-~.- 1
~
"
I
. ,. _, I .~. .". .
d-S
AGREEMENT
The CITY OF CLEARWATER, a Florida municipality, hereinafter called "City", and
CLEARWATER BAY MARINA, INC., hereinafter called "Clearwater Bay Marina", whose address is 900
North Osceola Avenue, Clearwater, Florida, state the following:
1. The City has improved the area known as the Seminole Street Launching Ramps and, in order to
defray the cost of the improvements and provide funds for future maintenance, will charge a launch fee as
described herein.
2. Clearwater Bay Marina owns property adjacent to the Seminole Street Launching Ramps, whereon
it operates a facility known as the "Litde Boat House", which offers bait, tackle, supplies and other services
to boaters. The principal public access to the "Little Boat House" facility is from the Seminole Street
Launching Ramps and Clearwater Bay Marina desires that the public access be continued.
3. The City is interested in having Clearwater Bay Marina collect daily launch fees only and Clearwater
Bay Marina is agreeable to collecting said fees on behalf of the City.
4. The city desires that a concession facility offering bait and tackle, boat supplies and similar items, public
restrooms and services be operated on or adjacent to the said Seminole Street Launching Ramps for the
convenience of the public.
NOW, THEREFORE, in consideration of the mutual benefits to be achieved, the parties agree as
follows:
A. The term of the agreement shall be for a period of five (5) years commencing on December 1, 1997, and
ending on November 30, 2002.
B. The launch fee shall be that amount established by the city as a charge for the launching of watercraft,
the parking of vehicles and trailers, or both, at the launch ramp facility. The launch fee may be amended
by the City at the Citis option during the term of the agreement.
C. Clearwater Bay Marina shall collect daily launch fees in the manner specified by the City and shall
account for collected fees utilizing forms provided by the City. Seventy five percent (75%) of all collected
fees shall be remitted to the City on a weekly basis and twenty five percent (25%) of the collected fees
may be retained by Clearwater Bay Marina as a collection fee. The City will retain 100% of launch fees
sold at City locations. All collection records shall be subject to inspection by the City during the normal
, business hours of the City in the offices of Clearwater Bay Marina or the City.
Clearwater Bay Marine Ways, Inc.
Pag8 1
~"A,"'wli"';";A~"~,, ~2~'J.~'".""""._'"
"':+t.
""''''''~h~I'''''''~'~.''''''''''''''rI';o:,...-;;..w.e."""""'''''.'''''''''''''''''''''''I,,,,,-''''''.''''d "'... ...,...~~-, ,... ,
Po
....--
I' .
,,'.....: ,
.~. .' ~.... '..."
! I " \~.
~::)
D. Clearwater Bay Marina shall operate the concession facility and collect launch fees from 6:00 AM to
sunset each day during each and every day of the year except Christmas Day, weather permitting. The
City Harbormasters. approval shall be required at any time the concession is not operated and launch
fees are not collected due to adverse weather conditions.
E. Clearwater Bay Marina shall maintain and operate the concession and restroom facilities in a neat, clean
and orderly condition during the term of this agreement and to charge no fee for use of the restrooms.
The City agrees not to operate or permit to be operated similar or competitive concession facilities on
the Seminole Street Launching Ramp property during the term of this agreement.
. F. Clearwater Bay Marina, in the operation of its facility, shall not be deemed to be an agent of the City
except for the limited purpose of collecting the launch fees as provided herein.
G. Clearwater Bay Marina shall be responsible for compliance with the Americans with Disabilities Act
(ADA) when selling launch fees by installing a buzzer, with sign, which will allow a Clearwater Bay
Marina employee to deal with a disabled person at the entrance to the "Little Boat Housel!.
H. This agreement may be terminated by either party upon sixty (60) days notice.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals this of
1997.
Countersigned:
City of Clearwater, Florida
By:
Rita Garvey
Mayor-Commissioner
Michael J. Roberto
City Manager
Approved as to form:
Attest::
John Carassas
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
WITNESS:
BAY MARINA, INC.
~, O. ~~-~~
Clearwater a.y Marine Way., Inc.
Page 2
~~~.,.tvJ."'f'~...,.....;....~.'
Co
\:~. .
~ ....,... ....I",........~~...."'jo..".....,........;':'O' J....._.. .........."......... ...
~
.......
mrr'O-T-E -
~
, ._ ".; I'. .. ~. . .,~ ,f',
. . . ,,"';. . ."', I< :: ~ " : .' '.,~ . ,".. ~. '.
.
~ \) .1--
Cleatwater City Commission
Agenda Cover Memorandum
Item 8:
~~
)0. ,~. cr'j
Meeting Date:
SUBJECT:
Board of Trustees of the Cleanvater Police Supplementaty Pension Plan
RECOMMENDATION/MOTION:
Re-appoint William. Schwob to the Board of Trustees, Clearwater Police Supplementary
Pension Plan. '
o and that the appropriate officials be authorized to execute same.
BACKGROUND:
In keeping with the provisions of Florida Statute 185.05, which states in part... "the board of trustees
shall consist oftive members, two of whom, unless otheIWise prohibited by law, shall be legal
residents of the municipality, who shall be appointed by the legislative body of the municipality..."
On March 7, 1996, William Schwob (2574 Sweetgum Way West, Clearwater) was appointed by the
City Commission to seIVe on the Board of Trustees of the Police Supplementaty Pension for a period
of two years (11/01/95 - 11/01/97).
At a meeting of the Board of Trustees of the Clearwater Police Supplementaty Pension Fund on
August 27, 1997, the Board unanimously agreed to recommend that William Schwob be re-
appointed to seIVe a two (2) year term as trustee. Mr. Schwob has stated that he will accept re-
appointment.
Total
CommissIon Action:
o Approved
o Approved w/Condltlons
o DenIed
o Contlnu~ to:
Reviewed by:
legal
Budget
Purchasing
Risk Mgmt
IS
ACM
NJA
N/A
N1A
N/A
N1A
OrIginating Department:
~/~
User Department
e
Costs:
Current Fiscal Year
Other
Advertised:
Date:
Funding Source:
o CApital
Improvement:
o Operlltlng:
o other:
Attachments:
City Managef
o PrInted on recycled paper
Paper:
Il!I Not Required
Affected Parties:
o NotIfted
~ Not Required
Appropriation Code
Submitted b
I!l None
~UtWN''Il1W~,"".r:,il.JU~'"iI'r''''''-''''''' -.
.f'h, " .' ,
>...-.-.. d,_......'.-..._~..........~.....-II~,.._.'_.._. . 'r" ,....
~"
"~ .~ "l~ ~ I :
~..' . . ~ '.
-
.'} .
.'
jI-
. ,
! r~+~;.\: ~:;:~t:r~<:t~~i;/:~(i~{f;?F~f ~:;i,~~;{;~~>~f:~.:;. ;.:.:;:: : :,;,~.~.' :-'.
t!
I..,
.
.' I. . .....
~ . c
,.
"t"j I
:./ i
." : ~ . I
~ ~
.;, ~, ;, c'
f.."
. ~ . .' . ..
"
"":':." ,
'., .
.;/'..
-,'
.'
:)l.
~ .., '
t,.
"
1.'"
V,
fl-J.
l~'
t(..
~.. \
iJ.: ... ...
I' ".l!"
, '.
~< ~.
~.
.'
,.
,\
.~ {:t
~. ~;: .
t..
;0,.,
(!;.'l 'I
~(~~. ,
.~ Or' " .
,"'''' '
, .-
.~':~;: .; :.~..
~;~" . l.
~ .:,:
:N(:h~;:.,.
~'~::.~ ;::
t:,..".
j,.-. '.':.
~I" .
".
;.
<'~ '
;"("" ,
~'~.'.:1 .
:~~t,M>'~-:'
f-~ t ;n'I};~~~',~.~":'
. .
~::~::f-' . \. r.:
"i'>
Item #27
'6q {
,..
.!
(,
.'';7-~~~~ilW:i'.~~~),\i.~d;~~~}-Ji;i''~''.i': ~~.~:~.~.~')t~.~~,\:.\;.:.L ;.~.~. ~/;).:t:t.!~)..~n: ':1,'" i': II ::.,~Tl ~
fl
,
II
I
\
!
. ," . ')",'~ :f' ,',-} ..... ; ~\. '. I ~; I . . . , ~ .1."", J c
,.
.j
, . l' {~
c' ,. I. ''';.
It.. ~ ..
E;tJ ~
CLEARWATER CITY COMMISSION
Agenda Cover Memorandum
~1
Item #
Meeting Date
fO'I~.17
SUBJECC: 1997 Stonn Sliplining Repair Project (97-9)
RECOMMENDATIONIMOTION: Award a contract for the 1997 Storm Sliplining Repair Project (97-9) to
SUNCOAST EXCAVATING & UTILITIES, INC.. ofOZONA, FLORIDA for the sum of $489,917.00 which is the
lowest responsible bid received in accordance with the plans and specifications, and additionally approve $48,991.70 for a
contingency fee of l00Ai,
[g] and that the appropriate officials be authorized to execute same.
SUMMARY:
· Approximately 9,193 feet of small diameter storm sewers (36" in diameter or less) are in need of repair. Many of these
lines are leaking and causing the infiltration of subsurface soils into the existing stann systems. This condition has
caused the loss snellor settlement of private property.
. High density polyethylene slipliner will be inserted into the deteriorated stann lines.
· The contingency fee of 10% of the contract award is proposed for the accommodation of discoveries and to be used for
any necessary alterations to the contract work.
. This project will start on or about November 3) 1997 and will be completed within 120 calendar days.
Rovlewed by: Orfglnlltlng Dept. J eo.tI : $538,908.70 Commle.lon Action
,
, f;1 ,-.
; Logal ~-- Engineering Dopartment /. ICumtnt FYI Approved
BUdget it-- User Dept. ( FUnding Source: Approved
w/eonditions
Purohasing Publio Capt. Imp. X
//1 ..r J Donlod
Risk Mgmt. NIA Advlfrd"ed: Operating
Cont'd to
IS N/A Date: 07128197 & 08105197 Other
ACM f Papar: St. Patersburg, Times
~ Not required:
ENG.
OTHER AHeeted po"ios Appropriation Codalsl Attachmonts:
notified
Submitted BY:ttA:Te I'f:j) 316-96118-563700.539.000 location Maps
City MarntMr Not ReQI.Ilred X
1897 StomI SIlpInlno Ropy. te7-9/
....~..iUO:.v~Io.__.;.~ ,.Ai) -t'rU .-",-
. '~"'I .,....'..."""'.r/~.t",.1..~... ~'~. .&:i-........_....~..I...u~..~...;."...~.;..;.JI.~...-..!..:...~I..~. .....,j;.....P < l~uJ.v.>; .,1"', ~."!" ..I'......_..-....u~ ~
~
. I
. I
. .
I
~
,I - - <C~
01-
-_......_~-- I 0:: 0:: I-
~ 11 ;; 0<( (,J
~ 9~ ~ ~t:: r"'ij ~~ i
V ~ ]rJ'U!'iI. ~ DIt Ir- It t; g ~~ g; ^
~ .., If II ~ ,I Ii! 0( ~
- I! 0 r.r=.:..-:-;:;' " ~I n. '< 0-
, _ IE ~ L'~= ~l-:...-~ ~ ~ ~ ~ ~
b i-".J& ~tlcJ~ 1 61 T,l!"l ~ --. ~ ~ fh I
~~_!"_)j --' l~:.-: ii ~ i ~D; ~u ! ~
~c=:J! (il) 15~ II ~ 3 ~... Oz ::I
O~ d H l)b ~lLJ I ~ S ~ 5~ ~
S7TI:lllll4 ~ ~lt 11-:1 lilY r-- SJ"1I'OlBl Z
~~I~ -~ ~~ --~ cP ti t:;;; ~ ~ 1ii_t t
~~HVS oo~ 5 c:-V.... w i.5~;j 8
'I =;:~ i-~1Sil ~ -. ~1 ~ ~~~~!
~ -"'" "'!!,n'~ - M_=_ ~~ /1
:= lIQ ~S'tr'D"::::J IIll stlMlml '" c:s c -=-=-~ 11111' --....... ~ f...../
~ ~ g~1 ~ ~~<..'i~ .!' ..... """"J eJ~ 0
ar 110 "YO ~~~-~) C
I.... :!I \. '\._!fI1
f- l"lf:) II r- !Ill ..... r- ~ rL r =_ lOll ..
(.2:" :~~~j~ I";~ 5 . 0 n (,;"5:, I .. , L_ =. " h
..~ lC]N nun j I ~ -::-' - ~; ~1 ~I ~Dlld c:::J ~ I 1OOIN]t;D;
:II I - I ~ III ~U~U~ ~c.::Jt;CJt;1 ~
'- 8: ~ L- ~Y'- ~ 1IIY,I,VIlllnI'I ...
.. ~ 11 fD~ [ I f \ r=:J c:J 0
... If ---l!!! ~ lilY lITOMQ .iO\y
~ ~I" I! c:::J c::J 51 ~/I
I lIll r- I 110 LM J,. 1~" ~ I ! ~ LI t; ('
: &1 ~~II ~ iJe~ :n' I~ 00 00 nTi n O!DO
I J1Jlr 11~-I~uL ~UODD
1~~4lJi~:J:~D W;~-I!~' r ~~OO }~.~~~~ (
lr ~ 3"4 ~ t ~ Yl mH8 ~ IU! ~ (1)~ It! WYIWI:; ~ S ~ M
I ~'I.1:I ~~ i1Sl~ ~ ~i ]l~
. ~ ,,- ~:\ n<" {K}[]{}DilDi ~ODD
I ~ia-3:~ OlJ~IDOD \> ~~\ fi
I n nt;nrJ'n.n n:-U- ~ I t{u,,! / /l ~ o~ 0 D 0 nton r
-_. ....
-
~ ~
IJ:U drl"tK
~t2J
)-
z
w
<<{~
9li:
0:: < t;
go.. 3
l.&..W a:
.0 t'.
-?f~ i~
~:~~ a:~
~11 '11 0::: ui5
1."'Il _ II II II <<( 2; F
5' _li'~W?:"i.
~...J = ~ ; ~ d ~ ~
l .,: t : ~ l.&..<.!)
~ ~ ~ U Oz 2
r. ~'I' IS
~ j~ II.~I I::=i: >- a: ...
-_,,_ I'" I ~ II I- LtJ VI
tf'=v.",..t ~ ~ ~ 'I [; LtJ
~ · ~II I II ~ ~ ~ Z
i~-t-l~'c;-"-/ ~ ~ IJ ~ a
t ~~ ~~ z~liilD
- JL~ l~ LIJ i'~a';8vi
~ I ~- ",r"lll,J I ~ ii1 lSU iSU
t.~1fa.:or1 ~oQ -H ~ci ~~ ~li
~~ ..~, : c{.:o-=u..!i
. ._, (II
l!. ,11~ ·
~;;;~aI!,9"'r,.JJ
i
,.. 01
~~ tic;- W
oo(N ~.....
00 io>
I<
~~:~r--"'~
---
lr--~
~>~
......""-:=
:"I.o........."S.....f cnI NllNYOI-U
vy~
~...~>li
......,.,..,.4..
---Ka3iiYiiiJ ~ O<h.,....F.-,,-,
------ ""'((.I ...
~4. ~,
. . I
01'\...0 t.., ....f ~
;-.._r~; ;#;,1..
. " " ;...
I " " ;' ~,
"i::-.... <' ,; ;; "
,#. ~;,;" ~.\
, , # ..
..... ...-.u ~.~,/ (; ~".~'"
'.., ~.{ ~...~...... t T1Al
l ...i1 -, ~ H
1/ ~ ((' \..."......1 : / ~
l.j"'.... r..., jl!!., il"v.r1f.~""'~ 11
~.:;\.. ~I 1~1'~" ......... ~~'
~.~. I I I '..~ to"
~~ L_.... 1 I \~".,.1 ~
!~ r-.....':) :: (. I . '.
( · · """''\l-.l..{
:~ ~.-c ~.--~
l!...!'......,.~-...r-..r..JJ
~
~
,
!i
Q
~
o
IQ
01
--------
---- ---
============~~--
~
Y''':
o!!fI"
11
I
W
.
.
,
:
i
=
01 "$'n
~===::_'=== ==:'::-~::::::.'=:=:::::,--===~I 1I!l ~_
a'T~n. -,. i : rY' ~WI ~
, I I I I 31>'" ...lQjl1ll )1 II .' lo.l~WI 'rM;JK1.
· I I. ~r-----1
.l.lJ. · ~ L---.J ~ " (i1- 0
............... . 6' _ SY:7YVQ ( .. l
I I. . 1 I! I .. I_~' (ws_
,f"I.J....4..Il. ~... ~ hi I DI" ~~
c--l I CJ c=v 1 if ~.. ~ ~D~ :i!
~y ~ !)tIQIQ ~ ns ( ~ ~ ~y".oy-
!I Y>.... 1IIIY'UnIU I ICQJ r-- !~!~I - Ii! ~ ~""'..!o.. I.-
~::::~_._. ~--~... __ I JB ~ ). r l: ~
-~---.;:;;~. ;::~---~ 11::: :::i ~!' IJ" ~; ~ -~~~'~D"""l-
F~ C:) ~ ~ < r-
Iii ~D' ; 1"iUU ~ i ! i !~l~'\' '?i GJ~-:(\~s fl &:~ ~~_, ~ ~
2S-rn n:: i i i i D II ~ I ~~~~, LJ l.....~~ ~~I
1-, ~ ~ ~ ~ ! ! ~! !! i Ii! ~ ~/' Siivn-. . ~~ 0 I () P if
~.:~:::-;-~~~ ij -rIT~. '_,.;i ~~ ~ ! ~D!;U ~ ~~, .rOo" ~
..........,...-.. _..}o:::....;.~_. .. I s: t ~ ;1l I.. 1IY0lI J~l 7\fr1I \ J
.i~~~;~~:: ".~:: ; i i i I I : · ~ I !xvJ~ .. I ..., t:J~~i !l
........., ....1:1 IlO ~ 0 c) "......01 I ~I
! !! III IlO 'F~ 1 ii: iiI
IllI 001llI?,J); ~ - .......
- 0 ~..... ~:::: /0 !!:,,! i~l!! ! !! ~ ~~..
"'.-..... _...-. 0 0 ~ If
~__._IIII -"-___'II
O Q ......~..'I ...... I! ~ ~/~ f ~ ~ O:nY~
......."".... ---. ~ ~ S
i; 1.... _ 1KI ...~ _-=-..b::~ _b... 1IQ .__._
DOQIW1Ilr~--- .. ~ A----
b ~ ~ ~~ · l<<I.u J - "\. ~ ...........
n,nin 1.11 flllll! lllll I1I:IIYl.Ii ~ ~ ,..I. _1lO_ J,$SYllIO -'l~
~ ltJtDL:~ lE :1 ~ jn~D~~ 'D~ (~ -
: fI1 \:'--~OOOOiD ~tTt-- ~~ iU~~ fi I : ~
J~' ~fin.riJ1sns?1lQ% I r.~"I'r
~~ 11'5
r-
w
~<I/.JJ
~nD
~il
~
'--
.--
\
JI
JI
JI
~ ~
I ~ :;
I":,
i
~
~g
~l;; 1.:). [)
.... 0( 0(,..
Z as 01
W
<(~
0....
-0: t;
O::~
~~ ~
D::
.0 Il.
~ ~ ~
~ ~
~ fu ::l ...
Ill:: a iJ
~ cr t:l F ,..
<( 2:: .0( C)
w ~ g lb
"' ....J 01
... U Il. ..J
lL.e" ~
O:z ::l
~a: ~
-w III
ULaJ
Z
(3
Z
......
:5,
~
%
\)
<:::J Vv
GV
0 00
~
WI
~
:
D
\
-~
~ ~'~"".o..ro- J .11111 R
-
,.
f1
ig
l'lliil;il u
... ~S~:;;
z
w
4{::E
0"-
- a:: l-
0:: <C( u
9a. ~
IL. W 0::
.0 D-
O:: 0:: ~
~ g:l
~ a: 5
0:: '"'F
4{ ?:;"i
IJJ ;z: 0
..J :J,
U D..-
lJ..C) iil
Oz ~
,..- 0
I- 0:: Iii
-w
Uw
z
<:5
z lii 1; ~
w i2 Elj ~
ici e.-:~,
~
c
cJ
10
to-
o
to
go
I.
. .
liD I . :
\~ __Jl_JL_~_____
...::-y------------ 0
i 00
.
.
.
.
,
~
~
L1' ,,~
...'R.r=.c.a. _....., .............
r 0
~
'\)
---
....::~.9!.! ,
~\JT ~~I1]fJl!
~~ ~ I . uo ~
!
is
un j
~--_.~-~-----!---~---_.
r------~.--.- r------,
~-..w~-..-. ~--..--_
~ '---------c
~
I
R..." . c. '<. .c. .,... ...
!Il......--...c:t~\i..-<...;.~!.'IA~.......l,. '. . .....
..._ JI L
---<1
...d...h.
.......
-
, .
..
,
. E'rJ 3
CLEARWATER CITY COMMISSION~ ~
Agenda Cover Memorandum
Item #
Meeting D:lte {(). j ~ · 97
.. SUBJECT: Lease extension with Dimmitt Car Leasing, Inc. for MSBIPS temporary parking facilities.
RECOMMENDA TIONIMOTION: Approve a Second Amendment To Lease Agreement with Dimmitt CRr
Leasing, Inc. dated February 22,1996 extending the lease tenn from December 31, 1997 through JaIluary 31,1998,
renewable monthly thereafter at City option, regarding lease premises in MAGNOLIA PARK SUBDMSION,
Blod" 1, providing for tennination by either party upon 30 days written notice, with all other tenns and conditions
unchanged and in fuD force and effect,
[B] and that the appropriate officials be authorized to execute same.
SUMMARY:
· The City leases a vacant lot in the 800 block of Cleveland Street on the east side of Fiori's Delicatessen from Dimmitt
Car Leasing, Inc. that provides in excess of 45 parking spaces for City staff and/or City-owned vehicles pending
completion ofthe parking garage for the MSBIPS complex.
· This Second Amendment To Lease Agreement extends the lease tenn through January 31, 1998, with both the City
and the lessor having the privilege of tenninating the agreement at any time by providing 30 days written notice to the
other party. This term extension confonns with similar extensions granted by The Times Publishing Company and
Clearwater Newspapers) Inc. for all other MSBIPS temporary parking facilities,
o The monthly rental of$430.00 along with all other tenns and conditions of the lease remain unchanged and in full force
and effect.
. Funding for this lease extension for an additional thirty one (31) day tenn is available in Capital Improvement Project
315-94602) Municipal ServicesIPublic Services Complex.
Reviewed by: Orlglnoting Dept.
Legal .c:::?e
Budget C,V ((~ User Dept.
PurchasIng N/A CITY MANAGER
Risk Mgmt, N/A AdvertIsod:
IS N/A Date:
ACM t Paper:
ENG. Not required: X
OTHER Affected parties
notified
Submlttod By:
City Manager Not RequIred X
Costs:
$430.00
CommissIon Action
(Current FY) $430.00
Approved
Funding Source:
Approved
w/conditions
Capt. Imp. X
-
Operating
Denied
Cont'd to
Other
Appropriation Cadels)
Attachments:
LEASE AMENDMENT
LOCATOR MAP
316-94602-644200-519.QOQ
Second Amend Dimmitt Lee. Agn
"'~~?-\~-l;~~"""'C'" ~~.,....
~~~. '1~...,. .,01.,.'. .,.,~...,..,...;.,....J.',1~~A...' ,. '\
~,
-
T~
1_T
-
.'
. .; "~. '. "
~ .,..,.... ~ ,
SECOND AMENDMENT TO LEASE AGREEMENT
THIS SECOND AMENDMENT TO LEASE AGREEMENT entered into this
day of , 1997, by and between DIMMITT CAR LEASING, INC.
(as "lessor"), and the CITY OF CLEARWATER, FLORIDA (as "Lessee"), regarding that
certain lease Agreement between the parties dated February 22, 1996, governing lease
premises being legally described as:
MAGNOLIA PARK SUBDIVISION, Block 1, all of lots 4, 5 and 6,
LESS the East 5 feet thereof, along with non-exclusive ingress &
egress across lot 13, LESS the east 40 feet thereof, as recorded
in Plat Book 1, Page 70, Hillsborough County, Florida, of which
Pine lias County was formerly a part.
WHEREAS, Lessee desires to extend the term of said lease from its current
termination date of December 31, 1997 for one (1) additional month through January
31, 1998, being renewable monthly thereafter, at Lessee option, upon payment of the
monthly rent then due, for up to a total of twelve (12) successive months, with either
party having the option to terminate said lease upon giving not less than thirty (30) days
written notice of termination to the other party; and,
WHEREAS, lessor is agreeable to extending the term of said lease from its current
termination date of December 31, 1997 for one (1) additional month through January
31, 1998, being renewable monthly thereafter, at lessee option, upon payment of the
monthly rent then due, for up to a total of twelve (12) successive months, with either
party having the option to terminate said lease upon giving not less than thirty (30) days
written notice of termination to the other party;
NOW, THEREFORE, in consideration of the mutual promises made therein, and the
mutual benefits being derived by each of the parties thereto, it is agreed that:
A) The term of said Lease Agreament Is hereby extended to January 31, 1998, and
made renewable monthly thereafter, at Lessee option, up to a total of twelve (12)
successive months, with either party having the option to terminate said lease upon
giving not less than thirty (30) days written notice of termination to the other party; and,
PAGE 1 OF 2
~~~'fl1,"..'j\~"J;'P~<<41liitU.i-"'''''''.''' >
"
~
i'
. '.' . . "
, : i. . '. . ~.'. >' ~ .' I "';' "': s 1'0.'
......Nh hd-~ .......~."~ ~~'I'"
"
,
I
I
! .
l
B) All other terms and conditions of said Lease Agreement shall remain unchanged and
In full force and effect.
IN WJTNESS WHEREOF, the said parties have hereunto set their hands and seals
on tho day and year first above written.
,.
Signed, seaJed and delivered
In the presence of:
,Cd: ;f 4'J~.
WITNESS
By:
DIMMITT CAR LEASING, INC.,
a Florida Corporation
~ .....,.. '':....:,--.
~)L-J \I ~ ' {r
Larry ~mitt, Jr.
President/Director
Counterstgned:
CITY OF CLEARWATER, FLORIDA
By:
. Rita Garvey, Mayor-Commissioner
Michael J. Roberto, City Manager
Approved as to form and legal
sufficiency:
Attest:
John Carassas, Assistant CitY Attorney
Cynthia E. Goudeau, City Clerk
.10
PAGE 20F2
.....: ,..'.... ..__Jlh..""""f......r..,......
~
-
-,
. , II' .
. ~. ,~ It
"
Le)'CATOR ~1AP - DIl\1~1Ill LEASE
...""""
LEASE PREMISES
....
\
.
.. ,
. ....t "t
.'
,
~ !
......~ :4:,4,.:.=.:.:. ;...:.......H I, .
3 2 ,
~ , ~ I
! I ~I
. : t"
t
=t~ U ! ~
) I.;' ,
. t '0
... . -;.. ....
.: :.: ~:c..
: -: t...":... ~ .
I
.
'~.J;, 7.~: ~
~.~ J;; 10;:..
~ .~~ '~.'
.... _..;. a
r
?\1S1PS
COl\1PLEX
~ ,!" J:~
;... .'1. .',
~~ ";:r, ,:!
'>': ".., ;~
;.... .~ ~'1
. I
&1(11
J
. ~ 4 "
~
II ) ,
I >>I 1
. I
3 , "
. ..
~~'il-:"';Ii:~~.I'f<~~.:i;.I,iJ...: .... ."\"I! >. - r'
f./ / ./ / / / /./~
INGRESS/EGRESS
~ ; 11.aJF~ ~ : II. 'f 6 Ii If~ I
__ __ K__
~ M'!
.;-.... ;-~ ..-. ,...... .-'"'- ........ 10';
I 2;j I fi. .. I If. -..
~" )1t,'I:,
r,r~ . , h,
~, '(!lD1\~, 10
r':'$ i Iii i
i
llt
1,-;
J II'~ 14
tll i i
I
~
t ! ~
, Z 3,: t.J ' 7 .
,2....
21 I' UI .7 'i ,$ or ,) '2
B - 0 &. 3 4~ ,.
i ~
i ~ i
s , , .
fr..:~
:!t:a fl...'lI,I ,
I U ~I 0 t
-- ..
. , ..
P J.RS.
<c
~1 ~af
I 1
~:
or ~
1 . J ItJ .;' i<Iv.' ~ I"I~;; ; I.
- 1- i - - l l --
.~ -':' -""!o ~~:: .,...-..
,.... 'I I' ''" I : '.il' ~: ·
6 ~ . 32 , liII 2/031 ~ I~ j) ! ~;l
101 12/0' I~
" i Z/04 22/01 UI ,J,J , , ~,
~, II~ 2 '1 ~ ~22/0:92'" t ,I i-O ,:tQ
, 91" I '1 0( ~
~ ',}I G ~~ , l -0 f) "'
I ..'. ~ n ,. ~
Iii .12 ~
i 1 ~ -;;:;w~,,", I I I . & 16
6 ') , 1 I 'II 1 ~ i22/"~: :c'2"" a--z I .. /t'JO
,~ : '0 n ~ ~3 -14 ~ ~ ~ 5 ) . 1 ~ :
~ 0 $ 0( ~N · -<V i
Ie 1$ 16 ~ _ ~ SARAH; 22/06 ~f ~<< 7 I c\/1ri ,t"lJ IO~
I (!) to ..-jj I~ I ..Ll... : . I t ~"
1 . l,.I.Ut.\ 2l . S lJla1 I
I McMUlLEN~' i t~ ~, !:: 1)1> ~
l~ r-~ SUB @ ~ t & 1~ i~~. 1 ~ , ) ~ I ~ z
a;: ,. ~ r t--o- $ I ,. I . 10 ~
1-41.. ,%~~ ~...' ..51," 'I.' ~~-: I r ~UB ~~
I.... _ . t 'I .. '". 1 l~ I i ~
.......,,-:."-';5.,_
t. ~ a
u
II i f:
S1laT
1
I"\OlU
.~~. . :~
f ,
,...-
.
"
.
,
.
.
.
-
.
>>. .
.
..
.
=-~ t
;;""T I
~ .~~<.,
~ lr-r ~
-
I nw.'lQ.H
.. ~,
In '" )
.. 10
.. "...
..
SlRa:l1
ZlII
.
. 101
"
.
I~
..
I , ,
,
,
;
~
Sf
I
,e i
@ ~
I
n 1-41 '":"~
.
i..
II
'12/09.., I
~~ ~ i <DtW:
:z ~) I
f f ..
2'" 11
)
,.
It
u,~~ ~~-
". 1[""
I. J , 1 ~
I I ,.
i! I
~L- _~
~, 7..) . 80 nt
.., . _ 23 ~ 'J ~
, I ~ --"- --<
_1V J 2~ /l-:-
.....!.!._ 2t~.
u 'AJT,J 't
u! I 21 i
,. ~ ! 'It -;
.
1$ 0 JO'I
fAC
,
~
It
-".1..
t~
. .
-
.;.:
"
2
.lC!
J f:-" "
)~ ,.
.. I "
!t" ,Xl I
· 11 t
) n
I 2J
>>
2'
10 _E_
",~ 2t
1,,8_ 21
tJ.I U C'f 2&
If' 14 g 2t
>>4 l!t 30 ~
101
\'IIC
JIll ,..,
,. .~
I-lf"-
1\
"
J
..'
.~:. '. : . ~
..
ao
.
..
I-
~"
~~
o(~
f
.
.
-
~
~
-
.
r;:: N Y
,.
CLEARWATERCITYCOMMISSION ~C\M ' D
cetmg ate Oct. 16. 1997
Agenda Cover Memorandum
SUBJECT: North Greenwood I Lower Stevenson Creek Brazilian Pepper Removal.
RECOMMENDATIONIMOTION: Award a contract through a Purchase Order to Stan Cisilski, Inc. of
St. Petersburg, for the removal of Brazilian Pepper along Stevenson Creek, between Betty Lsmc and Alt. U.S. 19,
in the amount of $45,000.00, in accordance with Sec. 2.564 - exceptions to bidding procedures (l)(d) commodity
available on otber government contract,
o and that the appropriate officials be authorized to execute same.
SUMMARY:
. In December 1996, the City established the North Greenwood Action Plan through the efforts of the North
Greenwood Task Team in cooperation with City Management. As part of this Action Plan the City
committed to addressing the clean-up and improvement of the lower reach of Stevenson Creek, including
the removal of undesirable plants (i.e. Brazilian Pepper). In June 1997 City maintenance crews began
removal activities on City owned property adjacent to Stevenson Creek.
. This contract will complete the removal and initial spraying activities along approximately 5,000 f1. of the
creek channel between Betty Lane and All. U.S. 19. The remaining plants are located on privately owned
property adjacent to the creek. Given the quantity of trees which need to be removed, the difficulty in
accessing the subject areas and the licenSing required for spraying activities it is impractical for area
residents to conduct this work.
. Written permission has been received from individual property owners to access private property, remove
Brazilian Pepper trees and maintain the area. Permission has also been received from Fred Marquis,
Pinellas County Administrator, to perform removal activities on 13 properties located within an enclave
of County jurisdiction. Pinellas County has donated a significant quantity of chemicals in support of the
eradication effort. Removal activities will take approximately 40 days.
Reviewed by:
Legal N/A
Budget
tYM
Purchasing
Risk Mgmt.
N/A
IS
ACM
ENG.
OTHER
Submitted BV:
City Manager
Originating Dept.
$45,000.00
Commission Action
Costs:
ICurrent FYI
97/9B
Approved
User Dept.
Funding Source:
Approved
w/conditiona
Engineering
Capt. Imp. X
Denied
Advertised:
Operating
Cont'd to
Date:
Paper:
Other
Not required: X
Affected parties
notified
Appropriation CodoCsl
Attachments:
31 5.96105-563500-539-000 Project Location Map
Not RequIred X
. ::":C.';
","," ",:
. ,I
v.
'J "
,;1, .
~ ~ > :
. !~
('
.: ' .: .
. ~ ! ..,
/ ',: > : ~ "
.,.'J {',
. ". \
....' ,..,..-{,7-,; ~'3""t",:"" !l"~ :.~,~.(-:-;-.i-":~.;';. ',:. ~~.\.r crt ..~~--: .....:: ~ .
, . ..,....,............t..."..l..................<\>.......
. ... The recommended vendor, Stan Cisilski, Inc., is currently under contract with Pinellas County (Contract #
945:.(5056) for this service. Stan Cisilski, Inc. is being recommended based upon ability to cope with
difficult and specialized field circumstances, and proven ability to produce excellent results within
environmentally sensitive areas (Cooper's Point, Cooper's Bayou Park, Bayshore Boulevard).
.1 .
. .
.'
,
"
"",',. ;
. ~ . .
. .'
'. .
" .
, ,
'.
I.
, .
>', t
~ ," .'
.~ .. ,'. ;
~ ~ < .
(;' . "I
',l' :
. ~ '. '
.,~>. , .
. ::
",.; ,} -' .
,"" l. ',.
,
~
,...".
~}C 1.l?p>mwrn1a
"-
...
,-
~-w-
~
.'
EtJ5
. CLEAUW ATER CITY COMMISSION
Agenda Cover Memorandum
30
Meeting Date
f(J.I((,.j '7
SUBJECT: Lease extension with the Times Publishing Company for MSBIPS temporary parking facilities.
RECOMMENDA TION/MOTION: Approve a Fourth Amendment To Lease Agreement with the Times
Publishing Company dated December 2, 1994, extending th~ lease term from December 31, 1997 through
January 31, 1998, renewable monthly thereafter at City option, regarding lease premises in MAGNOLIA PARK
SUBDIVISION, Block 8, providing for termination by either party upon 30 days written notice, with all other
terms and conditions unchanged and in full force and effect,
~ and that the appropriate officials be authorized to execute same.
SUMMARY:
· The City has a lease with Times Publishing company for property at the southeast comer of East A venue and Pierce
Street to provide interim parking during construction of the MSBIPS complex. The monthly rent was, and remains,
$1,038.00.
· On May I, 1996 the Lessor agreed to add approximately 13,515 square feet of lease area without additional rent.
· This Fourth Amendment will continue the'lease on a month-to~month basis should the premises be required beyond
December 31, 1997. Either party tenninate the agreement at any time upon providing 30 days written notice to the
other party. All other terms and conditions of the lease remain unchanged and in full force and effect.
. Funding for the lease extension for an additional thirty one (31) day ternl is available in Capital Improvement
Project 315-94602, Municipal Services/Public Safety Complex.
Reviewed by: OrigInating Dept. Costs: $1 ,036,00 Commission Action
Legal :\~/c:!> ENGINEERING ICurrent FYI -0- Approved
Budget IW(~ User Dept. Funding Source: Approved
w/conditions
Purchasing N/A CITY MANAGER Capt. Imp. X
Denied
Risk Momt. N/A Advertised: Operating
Cont'd to
IS N/A Date: Other
ACM Paper:
ENG. Not required: NfA
OTHER Affected parties Appropriation Codelsl Attachments:
notified
Submitted By: 315-94602-544200.519-000 LOCA TOR MAP
City Manager Not Rcqulred N/A
Fourth Amend Times Lease. Agn
-
101
I PARK
~ rl ~I~ .1,t1~ :'4.. ~
1 (~3 4 5" 6't- 7 . ~
3 _ 7g,- 2'~ \> ci
, .~.. -.-, '6~"" I cC
. ' ~ ..~~. .. ~
2'" 14 2" -~~ ! (I)
738- 13~ 12 11 10 9~ 8 c.:
~~ ~- ., o.;.~~ 0'" ... 1'01.9 J8
V' ~ ~ t
..
PJERCE
..
Yl I ~ ~ ~,r
is ," ... , r~
4 5 6 7 I~ 8 II I~ ,
'9 \ II i.. ll" " 1 ;1 '8' ~ 4
I ~J,~ ~d ~ -~ I~' r-'~
1s ~h;'I: lQ 9 ~ -t1o 9,~ ~ 117
I I I ! r"L l I ~
rnAHKuN S1REET
SlREET
i
1
I
I 401
.
It' .... __.-
. ~ .. ~ ' . ~
/.,1
LEASE PREMISES
~ ~....,.,.~ "'~"""..AI'" ~.......,
'V
""'- II
4
I~
t
6911-
\264
1 2 3 . 5
M . S. ~. L 100
,.. ..t5' & ·
. I~ 7Q:-'n -
7 6
In
SlREET
s I
I
zoo
~ ~ &
2 'D c: 1 2 3
,';,J
~ kD-!~ In I
1 -le' ~1~' 1.
. r:....
~ 12'1 ~..'-"! I
5 ~
~
6 I
2CtJ,
S
-
~ ~!~:; ~ ~
" 'OQ)~co"
. ';' 6 - 70
, 2 3 .. 5
:0 ~~ - 301 A()
.. 30~"': \
· ... 1 1.4t"J..\: 03 4' 5
a ""y
... 2
$01
~~ 316
10 9 .. . '0 9'
j
- ~-"~ ...
2 ,..,
- f4 ~
- ~ff :!
~ ~.
2 1b 14
I S ~
!!
tm- 15 14 13 12
16 S~~U \R]~ ;C!f1 11
-r--. ~ I ~
,. ~ to
'a ...
to if !
...
I SI
1,1~.. ~I
Is -7 6
I
I ~
STREET
a
COURT
. .
.
-
_ T
.. .
-
~
'IT
I'
C-~3
Clearwater City Commission
Agenda Cover Memorandum
3 \ Item#:.~
Meeting Date: .J 0 · \~ \ '1'7
SUBJECT: .
Contract for Legal Scnriccs - Land Development Code
RECOMMENDA TION/MOTION:
Authorize the City Arromer to execute a contract with Siemon, Larsen & i\.Jnrsh to prepare a comprehensi...c
revision to the City L1nd Development Code for the amount of 5234,450.
IBl and that the appropriate officials be authorized to execute same.
BACKGROUND:
The City Commission has directed the preparation of a revised Land Dc\'c1opmcnt Code to streamline code
requircments and allow staff to focus on "value-added rcgulations/' Strlff has made progress in achieving this goal using
City staff teams to develop the revised regulations.
However. in order to prepare the bel-it possible document to guide de\'e1opment over the next 20 years. staff
recommends the retention of outside legal counsel. The Siemon, Larsen & Marsh (5LI\1) law ~irm has assisted the City
for some time with litigation issues arising from our sign code. SLM is an extremely well-respected firm nationally in the
area of code development. \'(/e recommend authorizing the City Attorney to retain this tirm to assist us in this
comprehensive code revision effort. No bidding is required for the retention of outside leg,11 counsel; the SLM firm has
been determined to represent the best possible consultant for this project given their past knowledge of City regulations
and their national reputation.
Funding in the amount of $200.000 is included in capital project 315-9.n63. Code Review and Rewrite. which was
established in the third quarter budget report for this review. The balance of S34,450 will be provided by a tirst quarter
budget amendment transferring unappropriated retained earnings of the General Fund to project 315-94763.
CONTRACT AVAILABLE IN CrTY CLERK DEPARTHENT _ h ot.J ~4C\c.h.eJ
Reviewed by:
loglll
Budget
Purchllslng
Risk Mgmt,
IS
ACM
OrlglnDtlng Department:
Central permitting
~..s
User Department:
Legal
Costs:
$234.450
Commission Action:
o Approved
o Approved w/Condttlonl
o DenIed
o Contlnued to:
T01el
$234.460
Curren1 Fl,elll Yeer
Other
nlll
Advertlsed:
Funding Source:
Ii!f CapItal
Improvement:
o
Opllratlng:
o
Othllr:
Attachments:
DIlle:
Submitted by:
pe.eer:
ff Not Required
Affected Parties:
o Notllled
13" Not Roqulred
Appropriation Code
316.94763
o None
City Manllger
o Printed on recycled peper
~.:>_L~.....i...L,,,~";r0;4~'""".' .
. ......' "'..----......-......t,., .~~_.,..._ .....~.,,,~I.~~. .10..." ~,'.' ...........l.oJ.~"'_It. '~a...___...._~.W-~~I,~.
r
"
.
..,
,"e"r"':<~."" ~. ~I.>i T.:r,~":':''':'t,:.::.j.~:>t<:
~I ........... .~ .'. ""_,d ,.~.t::.....:"..,,~;..c~"'>~'_, ....~..'"'....~
...,..'v..
A
SIEMON, LARSEN & MARSH
Mizner Park
433 Plaza Real, Suite 339. Boca Raton, Florida 33432
Telephone (561) 36B~3BOB w Facsimile (561) 368-4008
3~O North Southport
Sulle <412
Chicago. IllinoIs 60657
(312) 939-7117
19800 MacArthur Boulevard
Sulle 350
Irvine, California 92715
(714) 752-1538
September 17, 1997
Pam Akin .
City Attorney
City of Clearwater
112 South Osceola
. ClearWater, Florida 33516
RECEIVED
SEP 1 8 1997
CITY ATTORNEY
. Via Federal Express
Dear Pam:
I have enclosed the contract for professional services in regard to the revised Land
Development Regulations. This copy reflects the changes we discussed. Please sign and return the
contract or call with any questions. Thank you.
1.
V=7f~
Charles L. Siemon
CLSllsz
Encl.
r
'[ .
.'"
_........."'..~...,..~i..,..L,I,....._ ~,..t.Jr~-- .
....,~... ~'V'~"'._""'___"""~""~_"'''.____'I_'''.'''''
, .. . . ~ ~ ........ .. ~ -
"
."
, .., ~.
... . . ..h ,~. '.~~',' .~.
CONTRACT FOR PROFESSIONAL SERVICES
THIS CONTRACT mnde and entered into this _ day of , 1997~ by and
between the City of Clearwater (hereinafter "City") and Siemon, Larsen & Marsh~ 433 Plaza Real~
Suite 339~ Boca Raton, Florida 33432 (hereinafter ItSLMIt).
WITNESSETH:
WHEREAS~ the City intends to employ SLM to perform the professional services
set out in this Contract in regard to revised Land Development Regulations;
WHEREAS~ the principals of SLM are professionally competent and capable of
performing the services described herein, and SLM certifies that it has employed or will employ a
sufficient number of staff to complete the work, under its supervision;
NOW THEREFORE, in consideration of the foregoing premises and the mutual
covenants and conditions contained herein, the City and SLM mutually agree as follows:
I.
EMPLOYMENT OF SLM
The City does hereby employ SLM and SLM does hereby accept employment in
accordance with the covenants and conditions contained herein.
Charles L. Siemon and Wendy. U. Larsen shall be the Senior Professionals assigned to
perform the professional services described in Exhibit A.
II.
SCOPE OF SLM SERVICES
SLM agrees to provide professional services in accordance with the following terms
and conditions:
2.1. Scope of Services. SLM agrees to render professional services as described in
. Exhibit A attached hereto and incorporated herein.
III.
PAYMENT FOR SERVICES
3.1. Pllyment for Services.
A. Total Payment. In consideration of SLM's perfonnance of these
se.rvices the City agrees to pay SLM an amount not to exceed two hundred thirty four thousand four
@>
;,
hundred fifty dollars ($234.450.00), in accordance with the schedule described in Exhibit B attached
hereto and incorpomted herein.
B. Additional Provisions. The number of professional trips to Clearwater
would be limited to thirty three (33) person (one (1) day! one (1) person) trips and additional trips
would require payment for out~of-pocket disbursements.
C. Additional Services. SLM agrees to provide additional services to the City
at the firm's prevailing rates for any additional work above and beyond that provided for in the Scope
of Services as requested by the City.
D. Work Products. SLM shall provide one (l) copy of each draft as well
as one (I) copy of the final product in photo-ready form and on diskette to the City. All products
delivered pursuant to this agreement shall be printed in recycJed paper.
3.2. Accolmtine and Rcconls. Records of SLM's direct personnel payroll pertaining
to this project and records of accounts between the City and SLM sha1l be kept on a generally
recognized accounting basis and shall be available to the City or to an authorized representative for
audit during nonnal business hours.
IV.
MISCELLANEOUS
4.1. Non-discrirnination. SLM agrees that it will not discriminate against any of
its employees or applicants for employment because of their race, color, religion, sex, or national
origin, and to abide by all Federal and State laws regarding non~discrimination. Any violation of
such provisions shall constitute a material breach of this agreement.
4.2. Indemnification: Hold Harmless.. SLM does hereby covenant and agree to
indemnify and hold hannIess the City, its employees, officers and officials from all fines, suits,
claims, demands, actionst costs, obligations, attorney's fees, or liability of any kind arising out of
SLM's perfOlmance ofits obligations set forth in this Contract. SLM does hereby agree to and does
assume all the risk in the operation of its business hereunder and shall be solely responsible and
answerable for any and all accidents or injuries to persons or property arising out of its perfonnance
, of this contract.
2
~
~~.t-t~~~iil;..L't:: <; ..~..I..;.,.u .).,:.".....{>'.~.~ .,,~... .
"
."
.. ~. ..
..
4.3. Assia:nmcnt of Contract. 111is agreement shall not be assignable in whole or in
part without the written consent of the parties hereto, and it shall extend to and be binding upon the
heirs, adminisirators~ executors and assigns of the parties hereto.
4.4 Independent Contractor. The retention of and acceptance by 8LM for the
rendering of the services agreed herein shall be for 8LM acting as an independent contractor to the
City. In furtherance thereof, the City and 8LM covenant and agree that one is neither the employee,
employer, principal, nor agent of the other except that 8LM is in the status of an independent
contractor to the City. 8LM further acknowledges that it has no power or authority to bind the City
to any contract or agreement.
v.
MOPIFICA TION. CURT AILMENT. AND TERMINATION
5.1. Modification of Project. Additions to, modifications of, or deletions from the
Scope of Services may be made by the City's Project Manager and the compensation to be paid to
8LM may be adjusted accordingly by mutual written agreement of the contracting parties. It is
understood and agreed that no claim for extra work done or materials furnished by 8LM will be
allowed by the City except as provided herein, nor shall 8LM do any work or furnish any materials
not covered by this Contract unless such work is first authorized in writing by an amendment to this
Contract.
5.2. Curtailment or Termination of Services.
The City and SLM hereby agree to the full performance of the covenants contained
herein. The City reserves the right, at its discretion, to terminate or curtail the services provided
pursuant to this Contract for misfeasance, malfeasance, or nonperfonnance of the Contract by 8LM,
or for any other reason which the City, in its discretion, deems to be a legitimate basis for the
termination or curtailment of the Contract. Notwithstanding, the breach by a party of any of the
tenus of this Agreement shall give the other, after 30 days written notice, the right to terminate the
present Agreement and/or take or seek any action and/or remedy available at law or equity and/or
demand the specific performance of any obligation, and/or retain any payment or delivery of any
amount herein agreed.
3
te
.; ~. :~l\..(i,:j~...'l"" >~.:.""'-'~~""'" ..
.. ;..... ..........__......""..---........O_~..,.'t.....~._.~.,~, ,..... uun .......< c'-"'
~~
-
-
"
" ''':.''. 1-C.
, ~ " .,
A. In the event the City shall tenninatc or curtail the services or any part of the
services of the Contract herein provided, the City shall notify SLM in writing and SLM shall
discontinue work under this Contract immediately upon receipt of such notice.
B. SLM shall receive its compensation in full for services pcrfonned to the date
of such tennination or curtailment. The City shaH make this final payment within sixty (60) days
after SLM has delivered the last of the partially completed documents, together with any records that
may be required to determine the amount due, unless either party has served the other with a written
request to arbitrate a dispute.
5.3 Term of Aercement. The term of this Agreement shall be from the date of its
execution hereof.
5.4 Acknowledgments.
A. The provisions herein accorded shall not limit the right of SLM to legally
conduct business relations with any ~ther entities; but SLM expressly acknowledges herein its
contractual obligation not to accept any interest of any kind, whether professional or otherwise, in
any matter which would result in a c~:m.flict of interest with the City during the term of this
agreement.
i .
B. lbis Agreement contains all of the understandings between the parties. It is
represented and understood by. the parties that the Whereas sections preceding the Terms and
Conditions part herein are an integral part of this Agreement. This agreement may not be varied,
altered or modified in any way by any party, except by written instrument signed by both appearing
parties.
C. In the event that any provision or portion of this Agreement shall be
determined to be invalid or unenforceable for any reason, the remaining provisions of this
Agreement shall remain in full force and effect to the fuHest extent permitted by law.
D. This Agreement has been made in and shall be governed and construed in
accordance with the laws of the State of Florida.
E. Whenever notice is required or is necessary under this Agreement, all said
notices shall be made by certified mail to the following postal addresses: Pam AkinJ City At10meYJ
City of Clearwater, 112 South
4
tD
1l.~..~ii~tJt.h>::,\:.~,~ ~'.f '-h.'.'.......,.,.,..~ ....
. _L~.......'.............. ..oL......"'.~..._..,..~ . .'on
"
....
, ~>.' ,....,.. )"t... ,";"::- ,"~", ::'1'~~;"'_' f:::t~.~I' . ~ "'1:"01" __ ~'''''...."t.;.~...", ~r...'........... <'..~.~''''''':.o' /, .~...
.. ..'.... .. . >:';, ~. .
f.
l
Osceola, Clearwater, Florida 33516 and Siemo,n, Larsen & Marsh, 433 Plaza Real, Suite 339, Boca
Ratonf Florida 33432.
IN WITNESS WHEREOF, the parties hereto have executed this contract on the date first
above written.
WITNESS: .
.'
..
I, "
,'.
T. '.'.
>", . .
, ..
;.,
Et>
SIEMON, LARSEN & MARSH
By:
Charles L. Siemonf Partner
CITY OF CLEARWATER
By:
Its:
5
TASK 1.
..
TASK 2.
Exhibit A
Detailed Work Program
DEVELOPMENT OF DETAILED UNDERSTANDING OF THE CITY OF
CLEARWATER
Task 1.1
Task 1.2
Task 1.3
Task 1.4
Reconnaissance. Siemon, Larsen & Marsh will review in detail
the City's Comprehensive Plan, existing land development
regulations and on-going planning initiatives; conduct key person
interviews (public and private sector) and conduct a physical
reconnaissance of the City. Siemon, Larsen & Marsh shall conduct
a minimum of (30) thirty interviews.
Prepare Comprehensive Plan PolicylLand Development
Regulation Matra. Siemon, Larsen & Marsh will prepare a matrix
identifying specific land USe policies in the comprehensive plan
which support or are implemented by specific provisions of the City's
existing land development regulations.
Critical Assessment. Siemon, Larsen & Marsh will prepare a written
assessment of the City's "existing conditions" in regard to land use,
including compilation of specific policies and programs in the
comprehensive plan to be implemented and a critical issues report
identifying procedural and substantive issues which should be
addressed during the revision of the City's land development
regulations.
Presentation of Task I Products. Siemon, Larsen & Marsh will
meet with staff to present the written products prepared il'1.Task 1 and
to receive staff review and comment. All Task 1 products will be
revised as appropriate and published in llfinal" form after Siemon,
Larsen & Marsh receives staff review and comment.
DEVELOPMENT OF STRATEGIC LAND MANAGEMENT APPROACH
Task 2.1
Task 2.2
ED
Prepare Land Management Hypothesis. Siemon, Larsen &
Marsh will prepare a working document settillg forth a proposed
approach to land management for the City of Clearwater, including
procedural and substantive programs.
Present Land Management H~pothesis. Siemon, Larsen &
Marsh will meet with staff to present and explain the proposed land
management approach and make such revisions as are appropriate to
reflect a consensus in regard to revisions to the City's land
...
, ,
TASK 3.
TASK 4.
~~~m~:'~'~'rt:.\i.~~,,~',ll....,+~l:",--l'~'"
.( '.
c ,.
'.' ....0-:, ,. .~ ... ~! . : \' A"... . I '
Task 2.3
Task 2.4
Task 2.5
Task 2.6
,I
development regulations.
Commission \Vorluhop. If requested by the City, Siemon, Larsen
& Marsh shall participate in a City Commission workshop to present
the results of Task I and the proposed land management hypothesis.
Prepare Annotated Outline of Land Development Regulations.
Siemon, Larsen & Marsh will prepare an annotated outline of land
development reguJations implementing the proposed approach to land
management, including explanatory comments and notes.
Prepare LDR "Tracking Matrixu. Siemon, Larsen & Marsh will
prepare a tabular tracking matrix which identifies the "fate" of all
provisions in the existing land development regulations, e.g. unew
section x-xx" or "deleled."
Present Annotated Outline and Tracking Matrix to Staff.
Siemon, Larsen & Marsh will meet with staff to present the annotated
outline and tracking matrix and to receive staff review and comment.
The annotated outline and the tracking matrix will be revised, if
appropriate, and published in "final" fonn after Siemon, Larsen &
Marsh receives staff review and comment.
PREPARATION OF PRELIMINARY DRAFT OF LAND DEVELOPMENT
REGULATIONS.
Task 3.1
Task 3.2
Prepare Preliminary Draft of Land DevehJpment Regulation!!_
Siemon, Larsen & Marsh will prepare a preliminary draft of the
proposed land development regulations in annotated fonn with
explanatory "comments" and "notes."
Present Preliminal1' Draft of Land Development Regulations to
s.!!fL Siemon, Larsen & Marsh will meet with staff to present the
preliminary draft of the proposed land development regulations and
to receive staff review and comment. The preliminary draft of the
proposed land development regulations will be revised, if appropriate,
and published after Siemon, Larsen & Marsh receives staff review
and comment.
PUBLIC P ARTICIP A TION
Task 4.1
ED
rrepare Public Participation Program. Siemon, Larsen &
Marsh will prepare a proposed public participation program and
present the proposed program to City staff for review and comment.
. .. ~<.,~ .......~ ........~4.......~_...~p.1
-
TASK 5.
TASK 6
Task 4.2
Task 4.3
-
,!
Preparation of Public Educational Materials. Siemon, Larsen
& Marsh will prepare suitable narrative and graphic materials for use
in public education and participation processes.
Participation in Public Participation ProKram. Siemon, Larsen
& Marsh will serve as spokesman/facilitator for public participation
programs including one on one meeting, group presentations and
workshops.
PREPARATION OF PROPOSED OFFICIAL DRAIT OF LAND
DEVELOPMENT REGULATIONS.
Task 5.1
Task 5.2
Task 5.3
Task 5.4
Prepare Proposed Official Draft of Land Development
Reeulation~. Siemon, Larsen & Marsh will prepare the proposed
official draft of the land development regulations.
Present Proposed Offirial Draft of' Land Development
Regulations to Staff. Siemon, Larsen & Marsh will meet with staff
to present the proposed official draft of preliminary draft of the land
development regulations and to receive staff review and comment.
Publish Proposed Official Draft of Land Development
Reeulations. Siemon, Larsen & Marsh will revise the proposed
official draft of the land development regulations, if appropriate, and
publish the proposed official draft of the land development
regulations in reproducible fonn for duplication and public
distribution.
Prepare Illustrative Graphics for Public Presentations. Siemon,
Larsen & Marsh shall prepare graphics illustrating the essential
elements of the proposed official draft of the land development
regulations suitable for use in presentations at public workshops and
hearings.
PARTICIPATION IN FORMAL ADOPTION PROCESS
Task 6.)
Task 6.2
ffi
Participate in Public Henrings. Siemon, Larsen & Marsh will
attend public workshops and hearings conducted by the City of
Clearwater as a part of the formal adopt.ion process.
Participate in State Review Proceedings. Ifnecessary and desired
by the City, Siemon, Larsen & Marsh shall provide technical
assistance and advocacy in support of the City's proposed official
draft of the land development regulations during review of the
regulations by the Department of Community Affairs.
r.
"
,
... , . ...' hr.:
. ..
" .... ... '~.... ~
., ,. ~ . , ".' > ..' .
Exhibit B
TASK ,DESCRIPTION FEES EXPENSES TOTAL
1.1 RECONNAISSANCE $12,000 $2,600 $18,600
1.2 PREP PLANIREG MA TRlX $8,040 0 $8,040
1.3 PREPARE ASSESSMENT $14,120 0 $14,120
1.4 PRES ASSESS & MATRIX $3,000 $900 $3,900
2.1 PREP MGMT HYPO $12,000 0 $12,000
2.2 PRES MGMT HYPO $3,000 $900 $3,900
2.3 WORKSHOP $1,600 $450 $2,050
2.4 PREP ANN OUTLINE $11,040 0 $11,040
2.5 PREP REG MATRIX $11,000 0 $11,000
2.6 PRES OUTLINE & $6,000 $1,300 $7,300
MATRIX
3.1 PREP PRELIM DRAFT $30,800 0 $30,080
3.2 PRES PRELIM DRAFT $6,000 $1,800 $7,800
4.1 PREP PUBLIC PART $13,000 0 $13,000
PROGRAM
4.2 PREP PRES MATERIALS $8,500 0 $8,600
4.3 PART IN PUBLIC PART $12,400 $2,250 $14,650
,5.1 PREP PRO OFFICIAL $21,600 0 $21,600
DRAFT
5.2 PRES PRO OFFICIAL $3,000 $900 $3,900
DRAFT
5.3 REVISE PRO OFFICIAL $12,800 0 $12,800
DRAFT
5.4 PREP PRESENTATION $7,200 0 $7,200
MATERIALS
6.1 PART IN PUBLIC $13,800 $4,050 $17,850
HEARINGS
6.2 PART IN STATE REVIEW $7,400 $900 $8,300
TOTAL $218,400 $16,050 $234,450
Siemon Larsen & Marsh shall submit monthly invoices and be prompt~'paid for time and cXp'cnscs
on a task by. task basis, subject to a limitation that no more than sixty percent (60~) of the budget for each tusk
will be paiCl until &l products of the task are submitted and accepted by the City.
EJ:)
..,
'l ~~':-.
;l:~~/'t: ',;':1~';~;It~:;:;~}: r::;_.:,.';-::~,. _ ;',~:~:,~
,: .....:
~ ':-~
<{?~~?:?: :"1,\;:: :,....:
./ ~
..; . .-
""-1" '.
. ~i
'-:.:,:',.';";'
: ;':'
,.
. "
. ~ j' '.. .
.~. ,
, ~
,'.
'. 'I.,' J:'
y~
,
~ '\
"'I
i
<' ~ < ~ .
~ -
.~"I..': \
<:
: , ~.:
::
~: . ..
I'; t.,
. ,
"+,;'; '. ."
'0\ .'
.,.! .
"
':.1
.' .,,:' .,
,'.
..1
'<>,1,
~ ::
:.' . .
I _ ,',
,". '.;1
~'. .
.<' \' "
..'.c~'...:~t~.~' .~. ,,',c~.
, ." ," '~.:I.":::~,:.~~'<I.~,,-'.r~.')
ii~",~Ni:j;~,: ~~~~~<;':,t;:i",l " '. .' . ,'.'; '" ,~.,' '. - ,
. _ ~ ~t.,..." t. ~111~.~ !'~~ ~":!~"i)~.:t'trt'''u;U 'i:f' ~: ~'..." ..e't:
.<[.i~:h;: n::;t??~i~i;:~~;;~:.': '~:/?:)~\?;l1~i~5~{;'~:\1"":'.:.:,. ... '
. c ~"t'
.-'
r" ;-..~:- .:' L ..".
..... '". . <,' ,> ~
I
I,
}
I
,* :~
:~" .
":i'.
.r.::..
"
'..
.. "
1',-
,
':1
. .~.. ,"
;:. . .,:
~F~.~;': :
:)it.-
Item #32
1
I
!
i
I
1
!
I
!.
"l::' :
;',):,.'
~. J::
.,i..t
:.~s~' .
:J..-::: h ~.
'l' "I
< ~ lc.
;~~ .
:}~~.: .
"
~::.. :
....
."
c, .t
.~:. ..'
c,'
j:~ '. .
,.
".;
",..
"".'
q~4
ti':.',
.1;,-"
. ,
',.
"
'.
,~ '.
. ;.,
~
i
1
l
ij
i.
I
~(,
:. .~.'
.1 .~ ~: '
'; .
',L",'
:{.~
\.,
.~ . .
;.~
;..' i
(.;:.:
.~ ::.' >,
'\~"/.: .
".
,.,~ '
:~~?;t
.',"
,I'." :
: .
I
I
,
;
I
!
! .
!
".'
";.. ,
,',-.
. ;; I ~ ,
~ '..
'~~:.;~:::
tl~' :=:'~.': -
~t;:~:,
~15-;\:~:
.~r,;,':~:. ..:, , ...
,t;'l '. .
.~t:~.:-;... .:'
4'..., ..if-.
f"f'> ,
!).
",:
f'>
'r~ .~
...Ji'
,I,
..
I'
. ... . ~~ ~. ., . . '. .
~
.
eM 1-c..
Clearwater City Commission
Agenda Cover Memorandum
/) r:J.-. ".(,...."',...m.',...M~M".V'.."'<
~ Item #: ~i:';~;~;!~]
Meeting Date: >".J ...::A.(j.fl~:J
~{~?}~~ :~~:~~ ~~~~~~n~~~)~~:~f~kt~~~~t
SUBJECT: Brownflelds Environmental Consultants Selection
RECOMMENDA TION/MOTION:
Approve the consultant firm ranking order of: (1) Malcolm Pirnle, Inc., (2) IT Corp., (3) Dames
& Moore, (4) PBS&J, (5) Westinghouse Remediation Services Inc., and (6) Geraghty & Miller,
Inc. to provide environmental audit, risk assessment and remedial services for the Clearwater
Brownflelds Area and authorize staff to proceed to negotiate contracts with each.
(g] and that the appropriate officials be authorized to execute same.
BACKGROUND:
. The City received the designation from the U.S. Environmental Protection Agency as a
federally designated Brownfields Pilot in June of 1996.
. As a result of this designation, a Brownfields Pilot Workplan was developed and approved in
October of 1 996.
. As a Workplan element, Request For Qualifications (RFO) #105-97 was developed to select
six (6) approved Environmental Firms to provide environmental audit, risk assessment and
remedial services for projects initiated by the City and/or projects initiated by recipients of
federal and state grant funding administered by the City.
. These consultans were evaluated based on the following criteria listed in RFO # 105-97:
1) Background, Qualifications of Company, Financial Strength ....................... 25%
2) Corporate & Team Experience.......... .................... .................... ................... 25%
3) Previous technical experience of successful assessment and remediation....... 20%
4) Demonstrated ability to produce Risked Based Corrective Actions............... 10%
5) Minority Business............. ............................... .................................... .......... 5%
6) Presentations.... . .. . . . .. . .. .. . . .. . .. .. .. .. .. .. . .. .. .. .. . . . .. . . .. . . Ii .. .. .. . . .. . .. .. . . .. . .. .. .. . I ... .. . .. . .. t .. .. .. .. + .. .. . . . .. .. . .. 10%
Reviewed by:
Legal
Budget
Purchasing
Risk Mgmt.
IS
ACM
Other
L"D - S
N/A
Originating Department:
City Manaser
COlt.:
Commission Action:
-0- 0 Approved
Total 0 Approved w/Condltlonll
-0- 0 Denied
Curr.nt Flecal Vear 0 Continued to:
User Department:
f( City Manager
Funding Source:
o Caplt"
ImproVlIlll4Int:
o
Opll'Cltlng:
CJ
Othllr:
Attachments:
Advertised:
Date: 4/18/97,4/25/97. Warfield'
Tampa Day Review
4125/97 . Tampa Tribune
Submitted by:
[] Not Required
Affected Parties:
o Notified
o Not Raqulred
Appropriation Code
o Non.
City Manager
-0 printed on recvcled paper
-
. <' "::Y:"~' .::-..~~. l '.
'. '.' ,
'}'" ~;: ...., .....~. ,t" .'..' ~~ ~ ';". If: >
: "'i l{~.: <t <.:;::" . . .'.ti ' c
....... ':
-----~--- ---
,. ,
j!,;'i.
I,
,.
, .
0'
" .:
, .
>' ;.
"
.:. I
'- .
1 '.' . .
~ c. .
, . .
..
. ,
. ' ..~ ..'
. I '. ~ ~.: < ~
., "
" '. '..
(';
... .. '.'.'
. . ... .
.. . ~ ,'~. > ." >... ~ \
: ~ I . ,.1 .
~. . .
:.~. \.1:/: ~~"~:':;"~'>.I :'.;;'~!\"/~;:~.../".~,:,!.:,,,,~~{,.,.<~,,~,~,,~,:.~',~u::'..' .' .. .
~ "'."" ~""_.~ ...........'1~.i"'".r....1..,."'..:.rl- ......:......
,
. .
~. ,..,..,.. >.
,. ~ 'V, .
r ,
.'
'.. .
I.,'
SUBJECT:
Brownfields Environmental Consultants Selection (Continued)
',' .
The Individual contracts of the six approved firms will be brought forward for commission
approval at a later commission, meeting.
> .
The Selection Committee Members for this RFQ were: Bob Keller, Asst. City Manager; Rich
.'..... Baier, City Engineer: Alan Ferri, Director, Clearwater Housing and Urban Development: Tom
;'" Miller, Director Environmental Management; Leo Schrader, Risk Manager; Steve Moskun, Cash
", . and 'nvestments Manager; Miles 8allog9, Economic Development Team. ,
. .
,. .
.:~:~j.~,.
, .
; i\' '
I,~ , ~ ,
,~1 '.~!
(~~~L,:',' .
'.....'1
..'
;~~~}";',~;, .
::.,:.~":"/' ....
~~t:..
. ,
".L
. '! ~
,
: I. .. ~
~~~.
~~:~~::.. :.,
~:J'i;i < ..,"
lei" ::..':
~~~~~ :;.'1"
.j.,1
~~;: .
,.,f,/.:.:. . . '
t ~ : ,. ,
:f::t".." '.
.:"r;l I. . '
'r':, ::.. \.: '. ~
~ .~,
~?::.:,:. ..
f~ . .' :'.
.' l' ' ... ,
, .
.} . .
;r;:;.>..,'... .,..
,.
~~:?~~.~ ::.
~;LL,.. .
::.;:~ ,~, :.:
~ I.', '.
'.... '
"
., '
('.~'~.':l" .>
.::\r ,~
~)i;:~':. ..
~{::.
" "
~!V'(
:;:'~'t... . . ,
r/JiiI\'Jr.*~/~l'I\oll-~:""'"'- :-:::-:;
.,
.'
:: ~.'; ~,' r.w .' :..~ ~., .',.:: ~"-~~'~""fI:~~......u..:t!~....-t~~;:'~;~~-t';':'f;.;~I4-~~ifAM"""""'''''~- ~,
.'~ ,~.~........ I'.)-.....~'.,>.,..;;."..... . f. t'i r,:~'4~'~.'''''" (:r' 0" .
, ,.>; ~~:t~.~.:.., ':.
, ~ - " " / ,
.. ,
, '. ~
.1 ,
c."I.'.
'/ . . . ~
.. ,~",,:"!,,::..,\:;.:.t.:: ;~;',
i' "..'
't','
.:.>:.'
, .
.' . ~
. l. ,:.<',
".',
,", ,.
.,
. ,
; '.
J "f' .
,. .
, .
."..'.
. t , ".:' ~) .'
I.'c
. ,
'"
; ;
. "',
';' >.i ":
<'
. "
'.,' '.
, . ,-t
I > < > .:
. ~ .'
'.1" .,' '\'. '
.. t.
. ,;.' ."....., . . . . .' <....,.
.' ~,.: .'.l;.:'~' ';';.,l.~:i,~:",....;~.:.~I'~,\'::(I.".'!',..:.;".:....,:..~~>._,:~.:.,.t............. . ",:to. .....~, .'~ ~
) .. -.. ---' "";....-- ~'" ~ . _~'>'''l''i<r';.:.~ .:'~~';~~~>,I, ~':.i/~~~. ~L';., .:, ., "
,.
" . ' "
, ..
j ."
, .
I.,,'
'.. .
<.~.:
,,,
I ..
:"
.' .'
:l:~:.} ,
."
i~"
_,c.oc'
Ij:.' : . '.
.:"~?'.
\ ~<:., .
r;.:~ ,
:~./
. "
;~;1(..,' ,. .
~J;; .,"
,; ~.' ,
V"J',..
:,>:'.'~ .~
iC:;. ..
':.< :~}"
..,..
'~::(;. .
..'.:.1
-i"\':\
:\~:~ '
j ~ . : .'~'
,.~:,I.I. .
~'~'~',:I,' .. :.'
t' ~ , :
~-!..~ ,,:, .'.
;.y,
: 1:,'
, \
':". \ ~ .
,I:. .,
....j:
:: .'
,. ,
;....
:. I .' ,'.
.:~. : :
<';, ,;;"
,,',,'
I;' ;
'.<.; .'
".::~ '/1:
~'. "'" c .
j .:.
,:.:
.~.~, "
;{~ i '. '
~J!)':':. ,.: '
~:J :~. t I .
/,"~ .,'c, .
Company
Malcome Plmle
IT Corporation
Dames & Moore
PBSJ
Westinghouse
Gerehty & Miller
GEl Consulting
HSW
Sum
.i.
3d---
eM i c. .
"
City of Clearwater, FL
Brownfield Final Presentation Ranklngs
10/1/9712:17
Ferri Ballogg Baler Moskun . Schrader
73 85 90 92 86
78 73 82 93 90
77 76 85 80 91
45 80 88 90 89
67 76 85 64 B8
63 80 74 75 92
62 79 77 85 , 77
.54 73 69 i7 83
U.:\My Documents~ROWNFIELDS\RFPI{Brownfled Final Sl!lectlon.xls]Sum
., Control.
.,
J .
. 519
519
650
650
..656
656
696
696
622
622
o
o
o
0'
i.
Page 1
o
Miller
91
80
85
90
90
80
77
83
676
676
Total
517
496
494
482
470
464
457
.439
. \
(
t
I:.
!
r.
j'
o
L
,
,
I.
I.
I
I
,.
!
i
h
~
;
.,
,. '.
. '.....,..
1.0 PURPOSE AND INTRODUCTION
In June of 1996, the United States Environmental Protection Agency (EPA) Region 4 selected
the City of Clearwater for a Regional Brownfields Pilot Project. A portion of the pilot project
funding will be used to perform Phase I and Phase II Environmental Site Assessments (ESAs)
and Tier I Risk assessments on several "Market Readytt Pilot Sites. Federal funding under the
Brownfields Pilot Grant can only be used for assessment activities. The City anticipates
additional funding sources to provide ~emediation of sites within the Clearwater Brownfields
Area (see attached map) and other sites as needed.
The intent of this Request for Qualifications (RFQ) is to pre-qualify the 6 most responsive
environmental firms. The pre-qualified firms will provide bids for environmental site
assessment, risk assessment and remediation for projects of $10,000 or less and proposals for
projects greater than $10,000 for assessment and remediation activities within the Clearwater
Brownfields Area ( as required by City purchasing regulations). The term of the contract
shall be for a period of two years with an option to renew at the discretion of the City.
2.0 TIME AND DATE DUE
The City of Clearwater will receive statements of qualifications prior to 4:00 p.m., May 19,
1997.
3.0 DELIVERY REQUIREMENT
The delivery of submissions to the City of Clearwater Purchasing Office prior to the specified
date and time is solely and strictly the responsibility of the vendor. Proposals received after
the above stated date will not be considered. Ten (10) copies of submissions of all the
information requested in this RFQ shall be submitted, clearly marked on the outside "RFQ
#105-97 to the attention of the City's Purchasing Manager, George McKibben, City of
Clearwater, PO Box 4748, Clearwater, FL 34618-4648 or delivered to 100 S. Myrtle Avenue,
Clearwater, FL 34616 prior 4:00 p.m., May 19, 1997.
4.0 CALENDAR OF EVENTS
t'
A) Release Date of RFQ
B) RFQ Return daie & time
C) Presentations (if necessary)
D) Selection of top candidates
E) Staff recommendation due (agenda item)
F) City Commission Action (approval of short list)
1
April 21, 1997
May 19, 1997
June 9, 1997
June 23, 1997,
June 30, 1997
July 14, 1997
. .,
, \', i.
5.0 SCOPE OF PROJECT
The scope of work for this project consists of providing Phase I and II Environmental
Assessments, Tier I Risk Assessments and Remedial Activities within the Clearwater
Brownfields Area and other sites as needed.
6.0 INFORMATION AND DOCUMENTS TO BE SUBMITTED
Each responding environmental services company shall submit the following information and
documentation that will ,compose their Statement of Qualifications:
GENERAL INFORMATION
'" Brief background about the company t including resumes of management and current
financial statement (report to be returned upon request).
'" Length of time in business.
'" Structure of the firm.
'" Location of busine"ss. Please state if you have other clients in PinelJas County and your
availability for projects within the next two years.
'" Company philosophy and service capabilities.
'" A reference list of public sector entities or municipalities for which environmental services
have been provided.
'" Designation as a minority business or not.
SPECIFIC ENVIRONMENTAL CAPABILITY INFORMATION
The following information is required to evaluate the specific environmental capabilities of
firms submitting an RFQ:
. Identification of the personnel including Project Manager to work on the on the project,
their qualifications and their time availability.
. Experience and capabilities in providing ASTM Practice E 1527 Phase I Environmental
Assessments.
. Experience and capabilities in providing Phase II Environmental Assessments.
. Experience and capabilities in providing ASTM Tier I Risk Assessments and other risk
assessment capabilities to include familiarity with the FDEP Risked Based Corrective
Actions programs.
· Experience and capabilities experience providing Asbestos Surveys and Asbestos
Abatement Services.
2
I,' . . ~ .. . l - c' ...
· Experience and capabilities in providing groundwater modeling.
· Experience and capability in providing industrial hygiene services/indoor air quality
services.
· Experience and capabilities in providing pollutant storage tanks closuret assessmentt
interim remedial actions, remedial action planning and remediation.
· Experience and capabilities in providing guidance regarding the State of Florida petroleum
contamination reimbursement and pre-approval programs .
· Experience and capabilities regarding performing Assessments and Remediation in
accordance with the FDEP document CORRECTIVE ACTIONS FOR
CONTAMINATION SITE CASES.
· Experience and capabilities providing toxic/hazardous material/waste management,
emergency response and control/remedial actions.
· Experience and capabilities in providing the assessment and remediation of dry-cleaning
sites including the firms familiarity with the State of Florida Dry-cleaning Program.
. Identification of the state certified laboratory to be used for this project.
· Billing rates for personnelt equipment, materialst subcontractor services and any other
charges you would intend to make. Please include a statement of your willingness to
maintain these rates through the completion of the project (two years).
· Experience and capabilities in assessing and remediating RCRA/CERCLA sites.
ADDITIONAL CAPABILITIES
· Legal expertise in environmental liability issues.
. Public presentation skills.
· Experience with innovative redevelopment projects.
. Knowledge of funding and financing resources.
7.0 INQUIRES AND ADDENDA
Each respondent shall examine all RFQ documents and shall judge all matters relating to the
adequacy and accuracy of such documents. Any inquiries, suggestionst or requests concerning
interpretation, clarification, or additional infonnation pertaining to the RFQ shall be made in.
writing to the City of Clearwater's Purchasing Managcr, George McKibbent at PO Box 4748t
Clearwater, FL 34618-4748; or 100 S. Myrtle Avenuct Clearwater FL 34616; or FAX (813)562-
4635.
The City shall not be responsible for oral interpretations given by any City employee,
representative, or others. The issuance of a written addendum is thc only official method
whereby interpretation, clarification, or additional information can be given . The addendum
shall be provided to all parties that have expressed an interest in this RFQ. If any addcnda arc
3
\;I~)^~!:,,~;l,,"T., ,.......~-P-. . .-.
.t. .
issu~d to this RFQ, the City will attempt to notify all prospective vendors who have secured
same. However, it shall be the responsibility of each vendor, prior to submitting the
qualifications package, to contact the City of Clearwater's Purchasing Manager (813-562-4630)
to determine if addenda were issued and to make such addenda a part of RFQ.
8.0 RESPONDER PREPARATION EXPENSES
Each responder preparing the proposal in response to this request shall hear all expenses
associated with their preparation. Responders shall prepare a response with the understanding
that no claims for reimbursement shall be submitted to the City for the expense or presentation.
9.0 SIGNATURE
Responders shall acknowledge by authorized signature that it has read and concurs and/or takes
exception as noted to the requirements listed in this RFQ.
10.0 SELECTION CRITERIA
Selection shall be based on the following considerations with each item weighted according to
the percentage number:
1) Background, Qualifications of Company, Financial Strength ...................... 25%
2) Corp-orate & Te3l11 Experience ........................,.....,...........~...,..u.u..u.....u.,....,......,.., 25%
3) Previous technical experience of successful assessment and remediation...... 20%
4) Hourly rates for service...........".,....,......,...............,.,..".........,............,......,............... 15%
5) Demonstrated ability to produce Risked Based Corrective Actions............... 10%
6) Minority Business......,...,. ..................,.................................. ~.......,..."...,...,....,......................... 5%
The final selection will be made by a committee composed of one representative from the
Office of Risk Management; The Assistant City Manager; The Economic Development
Director; The City Engineer; The Director of Environmental Management; The
Environmental Specialist Supervisor and one representative from the Finance
Department. All Statements of qualifications will be evaluated based on these criteria. It
shall 'be the sole determination of the selection committee to determine if the highest
ranked firms will be required to make fonnal presentations. In the event that
presentations are required all presenters will be re-ranked based on the above criteria and
the addition of public presentation skills (+ 10%). The: presentations (if required ) will be
used to make an infonned decision regarding top ranked firms.
. .
4
,.
. "
, . .........
, .'
11.0 STANDARD REQUIREMENTS FOR REQUESTS FOR QUALIFICATIONS
Vendors must adhere to the following requirements:
11.1 Right to Protest ~ Any actual or prospective bidder who is aggrieved in connection with the
solicitation or award of a contract may seek resolution of hislher complaints by contacting
the Purchasing Manager.
11.2 No Corrections ~ Once a competitive proposal is submitted, the City shall not accept any
request by the proposer to correct errors or omissions in any calculation or competitive
price submitted.
11.3 Openness of Procurement Process - Written competitive proposals, other submissions,
correspondence, and all records made thereof, as well as negotiations conducted pursuant to
this RFQ, shall be handle in compliance with Chapters 119 and 286 Florida Statutes. The
City gives no assurance as to the confidentiality of any portion of any proposal once
submitted.
'"
11.4 No Collusion -By offering a submission to the RFQ, the proposer certifies that the proposer
has not divulged to, discussed or compared hislher competitive proposal with other
proposers and has not colluded with any other proposers or parties to this competitive
proposal whatsoever.
11.5 Informality WaiverlReiection of Bids- The City reserves the right to reject any of all
responses and to waive any irregularity, variance on informality whether technical or
substantial in nature, in keeping with the best interest of the City.
11.6 Appropriations Clause -The City, as an entity of government, is subject to the appropriation
of funds by its legislative body in an amount sufficient to tallow continuation of its
performance in accordance with terms and conditions of the contract. for each and every
fiscal year in which the contract shall remain in effect. Upon notice that sufficient funds
are not available in the subsequent fiscal years, the City shall be releases of all terms and or
other conditions.
11.7 Conflict of Interest- Consultant must establish that there is no contlict of interest with any
party involved with work under this RFQ on a site by site basis. In the event of a conflict
the consultant shall withdrawal their bid or proposal for work to be performed where a
conflict exist.
) "
5
_L\::r' '1"'.J.i~..t,~'Io'1-,n-"'''''''
. '"'... . ~ .. c ~. ;.
t' . ,". .0'
. . ' \l~ t.~ ~ ',.
_...... ' } II. _.. .'
12.0 WRITTEN AGREEMENT/CONTRACT
Any party providing services or products to the City will be expected to enter into a written
agreement or contract with the City that incorporates all of the pertinent provisions relating to
insurance and insurance requirements as contained herein. A failure to do so may, at the sole"
option of the City, disqualify any respondent. The term of the contract shall be for a period of
two years with an option to renew at the discretion of the City.
13.0 INSURANCE REQUIREMENTS
I""
Firms must meet or exceed the insurance requirements listed in the attached Exhibits A and A-I.
14.0 PROFESSIONAL REQUIREMENTS
All successful firms must be able to demonstrate expertise and competence in the areas listed in
section six of this RFQ. In addition to these areas the firm must meet the requirements listed in
sections 11.0 and 12.0. The following additional qualifications will also be required.
. The linn must have and all work must be performed in accordance with'an FDEP approved
Comprehensive Quality Assurance Project Plan. This plan may have to be adapted and
modified to meet all the requirements of the US EPA.
. All work shall comply with all requirements of federal, state and local statutes, rules,
regulations and orders. The firm shall be familiar with all federal, state and local laws and
ordinances, rules and regulations relating specifically to environmental audits, contamination
assessments and remedial activities and generally any other matter that may affect the work.
. The work performed under this grant must comply with all applicable regulations in 40 Code
of Federal Regulations Part 31 and Part 35 Subpart O. Consultants are advised to review the
rules prior to submittal of a proposal. The contractor shall also provide a Quality
Management Plan as required by these regulations.
6
~;,:.;'~\:. h~ '~..I,.~.'...... p. - .
, "
! . ;\: .< ~ ~:
; . ~ ~ .
. 7, l'
eC.M 1.. d '
Clearwater City Commission
Agenda Cover Memorandum
.,,,.,CJ...,J..,,...,,,,..c..,
Item II: l:ij~~~;;!::~::!jj:/1
~gllj':~?(Z\'d(~:i,
Meeting Date: t.:. .~:..~':~.':~'.~: .~l,':: :\
~~)r~rf~~~~}};~?lf;~f~i~~~'~
SUBJECT:
State Brownflelds Redevelopment Work Plan and Budget
RECOMMENDA TION/MOTION:
Approve the State Brownflelds Redevelopment Work Plan and recommended use of
Brownfields Redevelopment Grant Funding
lEI and that the appropriate officials be authorized to execute same.
BACKGROUND:
. The 1997 Legislature passed the Brownfields Redevelopment Act, enacted as Chapter 97-276,
Laws of Florida.
· Pursuant to Section 12 of this Act, the City of Clearwater is eligible for a $500,000 Brownfields
Redevelopment Grant administered by the Governor's Office of Tourism and Economic
Development (OTED) .
e This grant funding may be used to implement, enhance or expand the federal Brownfields pllot
project or to Implement additional Brownfields projects.
· The Clearwater Work Plan (copy attached) outlines a detailed written description of activities,
performance standards and measurable outcomes and the proposed budget for the use of State
Grant Funding.
The following are the proposed uses for the grant funding outlined In the State Work Plan:
· $100,000 for Phase 1 and 2 Environmental Assessments In the Clearwater Brownfields Area
(CBA).
Revrowod ~v:
lqal
Budget
Purchasing
Risk Mgmt.
IS
ACM
Othlel'
NJA
Orlgfnatlng Department:
City Meneger
Costs:
Commission Action:
-0- 0 Approved
Totel 0 Approved w/Condltlon.
-0- 0 DenIed
Current FI.eDI Yeer 0 continued to:
USOI Department:
City ManlSger
Del.:
Funding Source:
o CoIpltal
lmp,o"ement:
o
OperatIng:
D
Other:
Attochments:
N/A
> Adv.rtl.. d:
CIty Meneger.
o Printed on ,eoycled PIlP.r
Pep.r:
o Not R.qulred
Affected Parties:
o Notified
o Not R.qulred
Stete Workpllln
Appropriation Code
D None
. ~,~ 011 ~ ~:_OT~":'';-~'''~'''''' .
__ ..Itl..
-
; ~ i' " ','
u .
, .,
...
< , .
,. ','.,
, '. ,~'.~.l:'~\.",- '~:';'~v,\'~"j;'1~:'l'L"rn I"~ ~::~ "..~',...,.... ,.........-:.',..~..-:Jo; ~ .~ftl.-'t'
i
· $100,000 to estabilsh an Economic Development Stabilization Fund to' provide Brownfields
redevelopment economic Incentives as outlined in Section 376.84 Florida Statutes to include
incentives such as partial payment of Impact fees for. redevelopment sites within the CBA.
· $200,000 to provide loan guarantees for the remediation of sites in the CBA.
State Brownflelds Redevelopment Work Plan and Budget
Page Two
. $100,000 to establish a Brownfields Data Collection/Research Professional Services Fund. This
fund will be utllized to perform a number of data collection and research initiatives including: a
comprehensive CBA Market Study Including a Job Training Market Analysis, on demand data
collection to promote ec.onomlc development, continued funding of a Brownfields redevelopment
Cost/Benefit Analysis being. performed by the University of South Florida, research to Identify
additional grant and funding resources eligible to the CBA (Including Environmental Justice
Planning, Job Training, Transportation, Infrastructure funding sources), and the purchase of
Brownfields Geographic Information System software and data collection.
. The State Brownflelds Redevelopment Work Plan wifl be attached to and will become part of the
contract for the Grant Funding~ Approval of this contract will be brought before the Commission
for approval upon receipt.
,. . The funding and activities outlined in the State Work Plan directly support objectives outlined In
the Federal.EPA Brownfields Workplan.
.. . The first quarter budget amendments will establish the projects necessary for the monitoring of
the various phases and/or conditions of the grant.
}','
'," . .
,.
,
'! ~~'r . ~ .
!.:./
','.
,..
<Jr.' .
:. .
. ~ '
~~;1I~...,..lI""-"".. . .
. J, ...*<.~;"'~ p.... c~ ." ~~........ ',. I.', ,,1;,; ~ I"'~ . '.~.H ,t ,........' i "...
"..~~ ~~,\~",""'~
.
.,.1, (::~....~~ ~'.L:I,.. .' ~....."~
,..' .
, '"
. .
',', .
. ,
, :
! ~
.,
e.... .> . .,.'...........
City of Clearwater
State
Brownfields Redevelopment ,Work Plan
(
. ".'c:'., ' .- '; :..' , ....'.:.' ."",. "':.., n.. , . : ' ; ~.:. . ,:" , ,.
. '. .' WORI( PLAN... ."'..
'. ' . .' l' ~, . , . , .' '. .' . '. ,~ ", ~. ,
City of Clearwater (Population: 100,265)
Pinellas County (Population: 864,433)
State of Florida
Applicant Identification and Project Director:
Miles G. Ball099
Clearwater Brownfields Coordinator
City of Clearwater - Economic Development Team
P.O. Box 4748
112 South Osceola Avenue
Clearwater, FL 33758-4748
TEL: (813) 562-4023 I FAX: (813) 562-4037
Submitted: October 1997
Project Period: October 1997 - December 1998
-
c, ,
CONTENTS
SECTION
PAGE
1.0 INTRODUCTION.. 1-............... lI.e.....................,...................... I........... 1.1......... 1-... 1-.1-.. .11I.. 1
1.1 Purpose of this Work Plan .......................................................................,...".1
1 . 2 Brownflelds Redevelopment Work PI an Policy.......................................... ~ 1
1.3 Work Plan Contents ............................................................................"..........2
1.4 Points of Contact...... II..,... 1-.... III............... 1.-It............'...I..............,...................,...................................... 3
2.0 BACKGROUND ...... ..... 11"1 ."."................ ........1............ I- ..It............... .... ""......... ..... l.iI...... 4
2.1 Need for the Funding ... ,..ltlt,..........,...... ..... .......... ...., .............., .... ...........'........ ........6
2..2 Need for Project."................. 1-....................... ~.' 1-."..........................."......... I- 1-................. 6
2.. 2 Public Benefits..........". ~ 1-.., 1-'.' ...... ... ....... 1-.... ~.............,....... to..........I. ......".... ....... ......... 7
2.3 Geographic Location of the Project Area.................................................. 8
2.4 Areas of Assignment and Responsibility...................................................8
3.0 PROJECT OBJECTiVES........" ... ...... .......... 1-. ............. ......... ...................... ....... .8
3.1 Major Objective: Complete Environmental Site Assessments in the CBA .... .9
3.2 Major Objective: Provide a Brownfields Redevelopment Economic
Incentive Stabilization Fund..., ,..."... ~.... ......... ........... II.... ........ ......... ,.... ...., ........ .., ...9
3.3 Major Objective: Provide a Guaranteed Loan Remedial Funding Source ...... 9
3.4 Major Objective: Establish a Brownfields Data Collection/Research
Professional Services Fund...... ~......"...,," ~. 011'." ......... I........... I....................,........,.. '0
4.0 TASKS TO BE PERFORMED .............,....................".."................................. 10
4.1 Task Breakdown: Complete Environmental Site Assessments in the CBA.. 10
4.1.1 Risk-Based Approach."..................... ~.....I......... I.............................."........,..... 11
I .
I
4.2 Task Breakdown: Establish a Brownfields Redevelopment Economic
Incentive Stabilization Fund...................................................."............." 1-......., I.......... 12
4.3 Task Breakdown: Establish a Remedial Funding Source through the
Guaranteed Loan Program ................................................................................,.13
;, 4.4 Task Breakdown: Establish a Brownfields Data Collection/Research
Professional Services Fund..... 1-................,............ ~"..........................,...,....."....".......... I 13
5.0 PERFORMANCE STANDARDS AND OUTCOMES .................................... 14
6.0 BUD G ET ......................".."..."...".....'........... It . . .. . . . " . 11II . .. . . .. " . . . . . .. . . . . ~ . . . " . . . .. . . . . . . . . I 16
7.0 BROWN FIELDS INCENTIVE PROGRAM .................................................. 16
City of Clearwater
Slale Urownliclds Redevelopment Work Plan
..
,.
>": "p
> ~ : r .
: :',~,.::.' ~\ ~.
\., "
. . . " :~',.,':'
",
1- ~ t .
I.,'
. '.
}. ",
,", ,
'.
, .~. . I
..:,1,"
'.'.
, ,.'
. p. .'t"
. ~.d";';"".I""" J" t,,- .
~.~, l~". "-,"" <.'~ I ~ Ihr , . '. ." ~ ..;~. ~~.;. .' . . ~ .
LIST OF TABLES
Table 1-1:
Clearwater Brownfields Pilot Project Work }llan - Points of Contact .......3
Table 6-1:
Proposed " BrolVDfields Budget. .... ... ...., ...... .... ..... .... .... .......... ...... .... ..~ ...17
Table 7-1:
Bro\vnfields Incentive Program. ......... ...." ....... .... .... ...." ..." ... ..... ..." ..." ...18
LIST OF ATTACHMENTS
)l1r1ril<:~~ ~: ....................~............................................~~~ W()~ ~~~
. ~ .
ATrACHl\fENT B:...,............~.....,........................... DRAFf RESOLUTION # 97-57
ATTAC~NT C: ...................................... REQUEST FOR PROPOSALS # 105-97
ATI ACIIl\fENT D: "" .... .... .... .......... ........ ... .".. .... ...... .DRA.FI' ORDINAN"CE #6204-97
!
i
'\
,
i
l
!
j
j
,
I
I
I
I
l
I
I.
'. "
I.
. :~.
j'.'::j
, :
. ..
I:' ,
I,l'.:....
I' :,
"
I.: ;".
;/:. .
:~ ,.
;-, "
.,
~ v .'
i'Lt,
[,"
l' .
~ ~
I,
I,
r
../. .
'., .
), "
,'.....:
.1',.
~": .
t?~-I."" .
::fJ.'
,.
/, .l
....-1.
'i.:.+
',.
,0' .,
..,
.).~.. ~ :
'. ~ j.
1/,.,;'>\
, ,
City of Clearwater
ii
State Brownfields Redevelopment Work Plan
lr~"'~""'"-:-:":..'
, " . .... .4;',. ~ f."h~L" 'l' ','S'l' ,'. /.-"!\'h\)~,':',...~.~ '.I'.~~"'j :~t!..".',4"'" ~ ~oft';"'~'" ...~. --
.P.... l..! '-. ,,~-.~...:.~1,..1'.
.'
"
1.0 INTRODUCTION
In June 1996, the United States Environmental Protection Agency (EPA) Region 4 selected the City of
Clearwater as a Regional Brownfields Pilot Project. As a result of this Federal Brownfields designation
and the passage of the Brownfields Redevelopment Act by the 1997 Florida Legislature (enacted as
Chapter 97-277 ~ Laws of Florida), the City became eligible for a State Brownfields Redevelopment
Grant in the amount of $500,000. The State Office of Tourism, Trade and Economic Development
(OTTED) administers this grant.
The City of Clearwater intends to utilize this State funding to stimulate the redevelopment of
contaminated and potentially contaminated sites within the Clearwater Brownfields Area (CBA). These
State-funded efforts will augment the activities specified in the attached EP A work plan. Specifically,
State funding will allow us to complete site characterizations, remediate contaminated sites and offer
economic redevelopment incentives in the CBA. Further, State funding will be used for data collection,
research and professional services within the CBA. These activities will serve as a catalyst to economic
development, which will result in the removal of contaminated and blighted areas, the implementation
of sustainable redevelopment, the creation of jobs and the implementation of environmental justice
within the CBA.
1.1 Purpose of this Work Plan
This Brownfields Redevelopment Work Plan provides a detailed written description of the uses of State
funds administered under the Brownfields Redevelopment. Grant. It also includes a budget showing the
types, amounts and timing of expenditures necessary to implement all activities in the work plan.
Finally, the plan lists performance standards and measurable outcomes for all activities. The proposed
use of Federal funding through the EPA regional Pilot is included in the EPA Work Plan (Attachment
A).
1.2 Brownfields Redevelopment Work Plan Policy
The performance standards and outcomes described in this document are intended as guidelines and may
be modified as the redevelopment of the Clearwater Brownfields Area evolves. It is to be expected that
this work plan may require modification to remain an effective document. The Clearwater Brownfields
Area (as described in Attachment B) is . subject to change in accordance with the adoption or
modification of a resolution as required by Chapter 376.80 of the Florida Statutes. The Clearwater City
Commission has final authority over the use of Grant Funding. The proposed budget in this document
is pending approval of the City Commission. Any modifications of the Redevelopment Work Plan,
Clearwater Brownfields Area and use of State Brownfields Redevelopment Grant funding will be
submitted to OTTED for review and approval.
.,.
City of Clearwater
State Brownfields Redevelopment Work Plnn.
...., , ,'~. t............-.
.._....._i....~~.::_~_.::.....~~_._~..: '
..........
,.
1 .3 Work Plan Contents
The Clearwater Brownfields Area consists of approximately 100 potentially contaminated sites. In order
to stimulate economic development in this area. we must remove uncertainty caused by contamination
issues and remove economic barriers pertaining to potentially contaminated sites. Further, incentives
are required to promote the redevelopment of Brownfield sites over competing undeveloped Greenfield
sites. State funding will enable the City to provide economic incentives in the form of grants,
matching funds and loan guarantees for the assessment and remediation of sites located in the
CBA. A Brownfields Redevelopment Economic Incentive Stabilization Fund will provide these
additional economic development incentives, as outlined in Chapter 376.84 F.S, including the partial,
payment of impact fees. The Brownfields Data Collection/Research Professional Services Fund will .
also provide funding for much-needed data collection and research to stimulate catalytic redevelopment
in the CBA.
The intent is to fully utilize the State funding to attract potential developers of Brownfields sites to make
the redevelopment of sites within the CBA a reality. It should be noted that nonc of the State
funding will be used for administrative overhead. All funds will be used to directly or indirectly
stimulate environmental, economic and community improvements within the CHA.
Project. Objectives. The. overall project objective for the State grant funding is to stimulate
redevelopment in the CBA. This will result in sustainable redevelopment, job creation, environmental
restoration, removal of blighted areas and the removal of public health and safety hazards associated
with Brownfields sites. These combined activities will also install Environmental Justice within the
CBA.
. Tasks to be Performed. A listing and descriptions of all tasks to be performed throughout the term
of the grant is provided in Section 4.0. This section also demonstrates how each task ties into, enables,
or supports specific project objectives.
Measures of Success. Measures of Success are deemed as outcomes, performance standards,
accountability quotients, reality checks and points of progress in this work plan.
Reports. Quarterly updates of the State and Federal Brownfields Activities will be provided to OTED
for review and comment. The State report will contain performance outputs and outcomes in
accordance with approved performance standards required by the Grant Agreement. A final Project
Performance Report shall be submitted within three months of completing activities described in this
plan. Other reports of interest will include updates to this work plan and other documents or
publications developed by stakeholders or any other organizations that relate to the Clearwater
Brownfield Area project.
City ofClennvater
2
State Brownficlds Redevelopment Work Plnn
.
~ ~.. _,:,:,_~~:,,"'L"_'
, .4 Points of Contact
Robert Keller, Assistant City Manager responsible for Economic Development is the Authorized Agent
for the City of Clearwater and is the Project Administrator for this project. Miles G. Ballogg,
Clearwater Brownfields Coordinator is the Project Manager for activities funded by the State
Brownfields Redevelopment Grant. Funding and financial issues shall be directed to Ms. Diane
Hufford, the Financial Project Manager for this grant. Any significant conversations or comments
regarding State Redevelopment Grant Funding shall be channeled through Mr. Keller, Mr. Ballogg or
Ms: Hufford. All correspondence to the State from the City regarding activities outlined in this work
plan will be directed to Mary Helen Blakeslee at OTTED.
Table 1-1
Clearwater Brownfields Redevelopment Work Plan
Points of Contact
Robert Keller
Assistant City Manager
Project Administrator
City of Clearwater
P.O. Box 4748
Clearwater, Florida 33758-4748
TEL: (813) 562-4040
FAX: (813) 562-4052
EMAIL bkeller@public.lib.ci.clearwater.fl.us
Diane Hufford
Financial Project Manager
City of Clearwater
Economic Development Team
P.O. Box 4748
Clearwater, FL 33758-4748
TEL: (813) 562-4054
FAX: (813) 562-4052
EMAIL dihuffor@public.lib.ci.c1earwater.f1.us
City of Clearwater
Miles G. Ballogg
Clearwater Brownfields Coordinator
Project Manager
City of Clearwater
P.O. Box 4748
Clearwater, Florida 33758-4748
TEL: (813) 562-4023
FAX; (813) 562-4073
EMAIL mballogg@public.lib.ci.clearwater.fl.us
Mary Helen Blakeslee
Contract Administrator
State of Florida Executive Office of The
Governor
Office of Tourism, Trade and Economic
Development
The Capitol
Tallahassee, FL 32399-0001
TEL: (850) 487-2568
FAX: (850) 487-3014
3
State Brownfield::; Redevelopment Work Plan
----LI j
.1
>. .. (- ~ . ' ." . ,. '.. ~
2.0 BACKGROUND
A major component to the Clearwater Brownfields Pilot Project is the removal of environmental
barriers and uncertainty that inhibit the redevelopment of contaminated or potentially contaminated sites
in the CBA. This will be accomplished by grants, matching funds, loan guarantees and loans to assist
in the assessment, remediation and redevelopment of "Market Ready" contaminated or potentially
contaminated sites. These incentives will be linked to job training and employment opportunities for
residents of the CBA. In addition to the above-mentioned incentives, a portion of the state funding will
be used to perfoml research, data collection, market studies and marketing to stimulate redevelopment
in the CBA. The State funding will enable us to continue many activities set forth in the EPA work
plan and will provide much needed remediation and research dollars.
2. 1 Need for the Funding
The EPA regional pilot of $100,000 is a starting point for the Clearwater Brownfields Pilot Project and
has provided a limited amount of funding for Phase 1 and 2 Environmental Assessments. While this
federal funding provides an important first step in redevelopment of the CBA, there are no resources to
deal with the 100 potentially contaminated sites in the area. The State funds will provide much-needed
additional Phase, 1 and 2 assessments that will remove uncertainty associated with these sites.
2.2 Need for the Project
Funding is currently unavailable from the US EP A for remedial activities as a result of contamination
discovered during the environmental assessments. While the perception of contamination is often an
impediment to redevelopment activities, actual contamination is a factor that must be dealt with in order
to make the redevelopment of contaminated sites a reality. Clearwater intends to provide a guaranteed
Joan program through Jocal lending institutions to leverage remedial funding provided through the State
Brownfields Grant .
In order to compete with Greenfield sites that contain little to none of the negative environmental stigma
associated with Brownfield sites, we will offer additional incentives to compensate for uncertainty and
potential expense that Brownfield sites harbor. Clearwater will offer funding from a Brownfields
Redevelopment Economic Stabilization Fund to implement additional economic development incentives
as provided in Chapter 376.84 F.S. "Brownfields redevelopment economic incentives". These
incentives will be linked to the job creation potential of the brownfields project. Typical economic
incentives to be offered will include partial payment of impact fees from the stabilization fund.
. City of Clearwater
Stale Brownfields Redevelopment Work Plnn
4
.t~ J.~:..I;""".- >l,~-"T'>
. .... -"'" '. . ~ - ., .
'1
Since Brownfields redevelopment is economic redevelopment. it often requires research, market
studies, marketing and data collection in order to provide information to stimulate redevelopment
activity. The City will provide these activities from a Brownfields Data Collection and Research
Professional Services Fund. This fund will be used to conduct a Brownfields Market Study and data
collection, as well as foc professional secvices necessary to stimulate economic development in the
CHA. Additionally. this market study and data collection will target job training needs and activities
for residents within the CHA. This funding will also allow continued funding to the Center for
Economic Management and Research (CEMR) at the University of South Florida (USF) to develop a
model that wilJ predict or assess the economic returns based on environmental investments. The model
will be based on actual costs and benefits of environmental assessments, cleanups and development
accomplished within the CBA. . Additional uses of this funding will be identified throughout the term of
the grant and will include identification of additional grant and financial resources available to the CBA
to implement Environmental Justice planning. Job Training, Transportation and Infrastructure
Improvements. Additionally, this fund will provide resources for on-demand economic development
data collection and Geographic Information System (GIS) software and data collection for the CBA.
2.2 Public Benefits
The City of Clearwater's Brownfields grant funding will be utilized to establish four major objectives.
These objectives include funding for (1) Phase 1 and 2 ESAs, (2) Loan Guarantees for Remedial
Activities, (3) Brownfields Redevelopment Economic Incentive Stabilization Funding, and (4)
Brownfields Data Collection and Research Professional Services Fund. Further explanation of each of
the Brownfields pilot project objectives. the allocation of State Brownfields grant dollars, and the public
benefits derived from them are detailed below.
PubJic Benefits Gained Through Completed Environmental Site Assessments in the CBA.
Twenty percent of the Brownfields Redevelopment Grant will be used to conduct Phase 1 and 2 ESAs
in the CBA. The completion of Phase 1 and 2 ESAs in the CBA will help to remove uncertainty that
continues to inhibit redevelopment of potentially contaminated sites. The ESAs will also help to
quantify potential public health and safety issues associated with environmental contaminants. Potential
near-term economic development deals in the CBA will also lead to public benefit. Sites with little or
no contamination are positioned for ready redevelopment by businesses, which will create jobs for eBA
residents. Fo~ those properties identified as having no environmental impairment, redevelopment can
begin quickly thereby providing the benefit of new businesses that create potential inner city job
opportunities, increase tax reve~ues for the neighborhood and CBA, and reduce the number of vacant
sites in which crimes occur. For sites classified as having significant environmental impacts such that
redevelopment is slowed, the benefit is characterizing the potential environmental risk to the public so
that corrective actions may be implemented to protect the public. In summary. the public benefits
derived from conducting Phase 1 and 2 ESAs on properties within the CBA include:
'" reduction in the number of vacant and/or unproductive sites
'" potential inner city job opportunities
City of Clearwater
5
State Brownfields Redevelopment Work Plnn
... increased tax revenues
... sustainable redevelopment
'" reduction in the number of locations favored by crime, and
'" quantification of the potential environmental risk to the public
Public Benefits Gained Through The Brownfield Redevelopment Stabilization Fund.
The 20 percent of the State Brownfields grant funds allocated to provide economic incentives for
redevelopment in the CBA are anticipated to provide similar public benefits as the completion of the
phase one and two ESAs. The stabilization fund will provide selected incentives as outlined in Chapter
378.84 F.S., ranging from parti~l waiver of transportation and impact fees to water and sewer
regulatory incentives. These incentives will be provided to owners, developers and prospective
purchasers of Brownfield sites and will make redevelopment in the CBA competitive with Greenfields
redevelopment. The potential number of jobs created as a result of each redevelopment project will be
a consideration in the eligibility for this funding by current owners, developers and prospective
purchasers of the brownfield sites. This consideration of potential jobs created will provide linkage
between new development and job creation and subsequent employment by residents within the CBA.
Redevelopment occurring in the CBA will meet existing criteria to encourage sustainable redevelopment
such as: improved water quality through storm water treatment and attenuation, improved landscaping
and green space and poJlution prevention planning. These criteria will result in replacing old non-
environmentally friendly development with new sustainable projects. The use of the stabilization fund
to encourage redevelopment within the CBA will result in the following primary public benefits:
'" reduction in the number of vacant and/or unproductive sites
· the creation of im1er city job opportunities through funding criteria
'" increased tax revenues
'" reduction in the number of locations favored by crime
'" sustainable redevelopment
'" assessment and remediation of contaminated sites
Public Benefits Derived Through Brownfields Clean Up Funding.
Approximately 40 percent of the funding will be used to provide loan guarantees for remedial activities
in the CBA. The use of loan guarantees will allow the City to leverage State dollars with funding from
local lending institutions to provide an ongoing source of much needed clean up dollars. Currently.
federal funding. is not available to deal with contamination issues discovered during Phase 1 and 2
ESAs. This lack of remedial funding often makes the redevelopment of contaminated sites
uneconomical and impractical. It is anticipated that this guarantee program will normalize lending for
contamination cleanup making financing for clean up more accessible. The loan guarantee program
criteria will also utilize job creation potential as a consideration that will link the creation of jobs to
redevelopment incentives. The primary public benefit beyond job creation is the removal of
contamination that can impact public health and safety in the CBA. The removal of this contamination
will be a primary activity to install Environmental Justice in the CBA. By offering a source of
guaranteed funding more sites requiring remediation will obtain funding resulting in redevelopment and
the subsequent pUblic benefits:
City ofClcnnvnter
6
Slate Brownfields Redevelopment Work Plnn
:1~"~. r. ~)oI'_.."
-
~~
'" reduction in the number of vacant and/or unproductive sites
'" the creation of inner city job opportunities
... increased tax revenues
'" reduction in the number of locations favored by crime
... sustainable redevelopment
'" remediation of contaminated sites that impact public health and safety installing Environmental
Justice
... normalized financing for the clean up of contaminated sites
Public Benefits of Brownfields Data Collection/Research Professional Services Fund.
Twenty percent of the funding will be used to create this fund. Brownfields Redevelopment is an
economic development initiative that requires a number of data collection efforts to provide the
development community with the necessary information to determine if a specific project or area is
worthy of investment. This data is often compiled in Market Studies. The Clearwater Economic
Development Team intends to stimulate interest in redevelopment of the CBA through a comprehensive
Market Study for the CBA. This Market Study will also determine what job training opportunities
should be utilized by the residents in the CBA to match prospective job opportunities created through
redevelopment. The fund will also allow for continuation of a model that would predict or assess the
economic returns based on environmental investments. The model will be based on actual costs and
benefits of environmental assessments, cleanups and development accomplished within the CBA. This
continued research .by the Center for Economic Management and Research (CEMR) at the University of
South Florida (USF) will demonstrate to the City Commission the value of continuing Brownfields
activities after Federal and State funding are expended. Other professional services are required to
provide research and data collection in the areas of ; Grant and Financial Assistance Opportunities, (to
provide resources in the areas of Environmental Justice, Job Training and Development, Transportation
and Infrastructure Improvements), on-demand economic development data collection, and GIS software
and data collection. The anticipated public benefits include:
'" targeted job training opportunities to potential jobs identified in the market study
'" completion of an environmental justice plan
'" location of additional resources for community improvement
'" market study to encourage the redevelopment of contaminated sites in the CBA
... continued funding for brownfield activities
2.3 Geographic Location of the Project Area
The geographic location of the area and legal description are found in U Attachment B It Draft Resolution
97.57. The geographic area remains the same as the EPA designated Brownfield Pilot Project Area.
However, this area may be expanded or modified by resolution as per Chapter 376.80(1) Florida
Statutes.
City of Clearwater
7
State Brownfields Redevelopment Work Pland
-.-
. ,
,.
2.4 Areas of Assignment and Responsibility
The overall areas of project assignment and responsibility arc outlined in Table 1-1. Mr. Bob Keller,
Assistant City Manager is the Project Administratort Mr. Miles G. Balloggt Clearwater Brownfields
Coordinator is the Project Manager, and Ms. Diane Hufford is the Financial Project Manger.
3.0 PROJECT OBJECTIVES
The overall project goal for the State Grant is to provide redevelopment incentives ~nd research to
stimulate redevelopment activity in the eBA. The specific project objectives are listed below:
... Complete environmental site assessments in the CBA
'" Provide Economic Incentives for Brownfields Redevelopment in the CBA
. '" Complete remediation in the CBA
... Provide research and data collection to stimulate redevelopment within the CBA
The remainder of this section addresses how these objectives will be worked on m a practical
application.
3.1 Major Objective: Complete Environmental Site Assessments in the CBA
,
This objective will be to administer the process whereby the Economic Development Team can provide
the resources for the completion of Phase 1 and 2 assessments within the CBA to stimulate
redevelopment in the eBA. Often the uncertainty of a potentially contaminated site is enough of a
deterrent to inhibit redevelopment. By providing resources for ESAs, the environmental and potential
liability risk for the development of sites can be quantified. In many cases, perceived contamination
does not require remediation or remediation is negligible. In the event contamination requires
remediation, additional resources as described below t can be utilized to move redevelopment forward.
The utilization of assessment funding will he linked to potential job creation and employment of citizens
within the CBA through the grant and matching fund application process.
3.2 Major Objective: Provide a Brownfields Redevelopment Economic Incentive
Stabilization Fund
This major objective is to provide economic incentives to stimulate redevelopment in the CHA. This
fund is intended to demonstrate the value of Brownfields redevelopment economic incentives as outlined
in Chapter 376.84 F.S. and' to determine if a permanent source for funding these incentives shou{d be
established. These incentives are intended to make the redevelopment of sites within the CBA more
competitive with Greenfields development. This incentive funding will also be linked with job creation
and employment opportunities within the CBA through the grant and matching fund application process.
,.'
City of Clearwater
8
State Brownlields Redevelopment Work PIlln
3.3 Major Objective: Provide a guaranteed loan remedial funding source
This major objective is to provide remedial funding by providing loan guarantees to local lenders for
remediation of sites within the CBA. Remedial funding for contamination discovered in the CBA is
currently unavailable from the US EP A. Funding for remediation of contaminated sites is essential to
redevelopment efforts. The loan guarantees provided by the City will enable the limited remedial
funding provided to be leveraged far beyond grants for clean up. This effort will also be evaluated to
determine if an ongoing City funded source for remediation should be identified. This objective will
also serve to normalize loans for remediation within the community resulting in ongoing resources for
remediation.
3.4 Major Objective:
Services Fund
Establish a Brownfields Data Collection/Research Professional
The primary accomplishment of this objective is to provide the necessary data required by developers
and prospective purchasers to evaluate redevelopment. This will be accomplished through market
studies~ planning and real estate data collection and research. This data will also be evaluated to direct
job training initiatives to potential job creation within the CBA.
This fund will also provide continued data collection and research for ongoing cost benefit models to
determine what the returns of Brownfields Redevelopment are to the City tax base. business community
and residents within the CBA. Additionally. r~search to identify federal. state and non-profit
foundation grant sources and financial assistance for BrownfieIds initiatives will be completed. In
addition. the purchase of Geographic Information System (GIS) software will show the available
economic, environmental and community development data in a relational geographic format.
4.0 TASKS TO BE PERFORMED
,The objectives and associated working elements described in Section 3.0 are further broken down in
this section into discrete tasks. Subsections 4.1 through 4.4 therefore reflect an objectives-based task
prioritization and listing.
4. 1 Task Breakdown: Complete Environmental Site Assessments in the CBA
A primary emphasis of the Work Plan is to complete the Phase 1 and 2 environmental assessments of
market-ready sites within the CBA. A market-ready site is one where an ownel' or a prospective owner
has identified a redevelopment project for a site that has a potential contaminant problem. The City has
recently completed a consultant selection process initiated with Request For Proposal #105-97
(" Attachment B") which has resulted in the availability of six approved Environmental Consulting
Finns to provide Environmental Audit. Risk Assessment and Remedial Services for sites within the
CBA. Phase 1 ESAs will be performed according to ASTM Designation E-1527. All work will be
performed in compliance with a Florida State approved Comprehensive Quality Assurance Plan. The
City ofClearwster
9
Slate Brownficlds Redevelopment Work Plan
Phase 2 ESAs (where required) will be performed according to the recommendations resulting from the
Phase 1 ESAs. All Phase 2 ESAs will be performed with the risk assessment approach currently being
incorporated into the Florida Administrative Codes regarding contaminated site cleanup. The ESAs
will be initiated by the City directly or through funding provided to the current owner, developer or
prospective purchaser of a Brownfields site. The funding will be in the form of a Phase 1 Grant or
Matching Funds for ~hase 2 activities as described in Table 7~ 1 (City of Clearwater Brownfields
Incentives) .
The following tasks will be performed under this element:
'" Establish special project fund with City Finance and Budget Departments
'" Finalize eligibility criteria
'" City initiates Phase 1 ESA process on market ready sites
... Approved Contractors bid on project
'" City awards Bid/or
'" City evaluates current owner, developer, prospective purchaser application for assessment
assistance
'" Private party evaluates approved contractors services and contracts with firm to complete
Phase 1 ESA
'" Phase 1 is evaluated to determine if further assessment is needed
'" Phase 2 ESA completed where required
... Formulate preliminary remedial action alternatives for the target sites
'" Results from ESAs forwarded to Technical Advisory Committee for recommended action
... Evaluate effectiveness of permanent funding source for ESAs
'" Establish pennanent funding source if warranted
4. 1 . 1 Risk~Based Approach
The use of a Technical Advisory Committee (T AC) which, at a minimum, will include the city's
environmental staff liaison, an independent toxicologist, risk assessment experts, and Florida
Department of Environmental Protection (Groundwater Cleanup Staff and Petroleum Cleanup Staft) ,
will develop assessment and remedial action planning and processes for sites within the CBA.
The intent of this planning is to streamline regulatory processes by working with the regulatory
community in a teamwork mode from the inception of cleanup projects. This process is also intended
to expedite the remediation of contamination and streamline the regulatory approach within the CBA.
The advisory committee will also explore inventive, cost-effective assessment and remediation options
to include risk-based corrective action for sites within the CBA where innovation can be implemented
without risk to public health and assure that the public health and safety are protected in regards to the
implementation of Risk Based Corrective Action. Tasks to be performed under this work element
include:
City ofClcanvater
10
State Brownficlds Redevelopment Work Phm
--....
-~-- ---~-~-~--~--~~. ..~----
, "
... Selection of the T AC by the Brownficlds Advisory Committee established in Ordinance # 6204-
97 ("Attachment D ")
... Establishment of formal objectives by the T AC and approved by the Brownfields Advisory
Board
'" Developing a workable approach for the site assessment and remedial action planning process
through the TAC
'" Provide public education initiatives to explain assessment, remediation and risk issues
'" Developing exposure assessment (risk-based), preliminary remedial action alternatives, and
additional data quality objectives
'" Reviewing and discussing Phase 1 and 2 ESA findings, exposure assessment, preliminary
remedial action alternatives, and additional data quality objectives with the Advisory Board
* Provide fonnal recommendations to the Advisory Board regarding technical issues
'" Provide an ongoing dialog with the regulatory reviewers of remediation projects to expedite
review process
4.2 Task Breakdown: Implement Brownfields Redevelopment Economic Incentive
Stabilization Fund
The overall purpose of tasks under this objective is to provide economic development incentives to
make redevelopment of sites within the CBA more competitive with Greenfield sites and to determine if
incentives as outlined in the Brownfield Legislation are worthy of implementing on an on-going basis.
This fund will also be utilized as part of the overall incentive package t9 overcome the negative
environmental stigma associated with potentially contaminated sites. The evaluation criteria for
utilizing this fund is tied directly to job creation and employment potential of the project (see Table 7-
1). The following tasks will be performed under this work element:
'" Establish special project fund with City Finance and Budget Departments
'" Finalize fund eligibility criteria
'" Evaluate applicant for utilization of the fund (# of Jobs t~ be created)
ale Qualify applicant
'" Evaluate project for need of stabilization fund
'" Calculate Matching Funds
'" Provide match to appropriate City Department
'" Evaluate effectiveness of permanent funding of Stabilization fund
4.3 Task Breakdown: Establish a Remedial Funding Source through the Guaranteed
Loan Program
The need for remedial funding in the CBA is paramount. Failure to provide a source of funding for
sites identified as contaminated through the ESA process or through other means will make the
redevelopment of many sites uneconomical and in many cases an impossibility. The City has
determined that loan guarantees for remediation to local lending institutions is by far the best way to
leverage limited dollars designated for cleanup. Encouraging local lending institutions to lend for
City of Clearwater
State Brownfields Redevclopmcnt Work Plun
II
--
.......M ., ", 0'
remediation will also assist in normalizing funding for cleanup and may potentially result in ongoing
source for the clean up of Brownfields Sites. The following activities will be performed under this
work element:
'"
'"
'"
'"
'"
'"
'"
...
If:
'"
4.4
Establish special fund with City Finance and Budget Departments
Finalize Loan Application Criteria
Identify local lenders willing to participate b the loan guarantee program
Review Assessment, Remediation and Economic Data of Applicant
Evaluate project for need of remedial funding
Negotiate guaranteed loan on behalf of applicant
Provide loan guarantees to local lenders on behalf of applicant
Monitor loan
Evaluate effectiveness of permanent funding of stabilization fund
Establish Permanent funding for loan guarantees if warranted
Task Breakdown: Establish a Brownfields Data Collection/Research
Professional Services Fund
The primary purpose of tasking under this objective is to provide funding for a number of data
collection and research initiatives. The primary data collection effort will be in the fonn of a Market
Study to provide essential information to potential developers within the CBA. This hlformation will
also be evaluated to target job training initiatives for potential businesses within the CBA. Research
will identify grants and additional funding available to the CBA. Funding will be provided for
continuing research being perfonned by the University of South Florida - Center for Economic
Management Research to provide a Cost Benefit model of Brownfields Redevelopment. GIS software
and data collection will also be initiated under this task. Discrete tasking under this objective includes:
:
'"
'"
...
, ...
...
'"
'"
Establish Fund. with Finance and Budget Departments
Perform Market study for CBA
Evaluate Market study to target Job Training Initiatives
Continue funding of USF cost benefit study
Obtain Grant and Funding research services
Provide on demand planning and data collection for potential redevelopment projects
Obtain GIS software and data collection services
,
,.
. City of Clearwater
12
State Brow:lfietds Redevelopment Work Plnn
-">-
...
. ~ ~~ ..,....
5.0 PERFORMANCE STANDARDS AND OUTCOMES
. Measures of success will be monitored and recorded monthly through the administrative services
associated with this project. A summary of the outcomes for each project objective will be included in
each quarterly report submitted to OTTED. The performance standards and outcomes for each major
project objective (or for each work element therein. as appropriate) are listed in Table 5-1.
Table 5.'
Performance Standards and Outcomes
for the Clearwater Brownfields Redevelopment Work Plan
. . : ': I ~ '. ,~ ' \ ' J ' . ' ..,.",' , " .. ... ' ' , . r ,'. . . ... .. ':', . : .' r , I'.'" :' t '.~, '. .,. r . :...,..'
:.. . .. . ,Projei:'t o.lijllc~iull',.' .... ,:.: I'.i, \ :Wor.k Ehiment ". .', .> '/..; '.,: 'Performance StalidiHds and or' Out.domes ',"f. ;....,. :
.. ;.; .,.:. :.'.,:: . .:. . ..:. . .': ~:":;. .:> :" .~.: .: ':.H.'/.'~' '':':'.'~ : >i.':. :.:. :, <. < ::...:~. '.' :.:. . ',.: ....:: ';::.:: \;.... .' ..:;: :.... : :~:..:..;'. .':; :., ::~ .:.~,~ :.'. :".':.. '; ;... :.. .: :> ..:' .:< .
Risk.Based Approach
. Establish Special Project Fund
. Approval of Contractor Selection
. Finalize Eligibility Critoria
. Completion of Review Process by T AC
. # of Phase 1 Audits completed
. # of Phase 2 Audits completed
. Selection of TAC by Brownfields Advisory Committee
. Development of formal objectives by the TAC
. Development of practical streamlined approach to remediation
within the CBA.
. Duration of time bat ween inception and completion of site
remediation.
. Implementation of inventive, cost,effective remediation techniques
on CBA sites.
# of sites utilizing Risked Besed Corrective Actions
Compl,t, ESAs
In thB CBA
Administration
Site Screening
City ofClenrwllter
13
State BrownfieJds Redevelopment Work Plan
-
Table 5-1 (continued)
Performance Standards and Outcomes
for the Clearwater Brownfields Redevelopment Work Plan
, " \ .... .... , ..'
~r~iec:t Obic~liii.c . .' ' ',., Wor~. Eie~,eni . " :..,...: .:: .'..,. pcrtor~:~nc~ St'a,~d~rd~~~~'d ~:r ...ou~~o~~s ~ .':..... ..:
.. .. . .. . l ~.'.' ". .. . f" d" '..' .' .'! ... ". .
Implement Brownfields
Redevelopment Economic
Incent/'1e Steblllz8tlon Fund
Admln/strlltion
RemlldiBI Gummtesd lOlln
ProgrBm
Administration
Establish tl Brown fields oBtll
Collection/
Res,,,ch Profess/onal
S8nic8s Fund
Market Study
USF Cost Benefit Model
Establish 8 Brownfields o/lt/1
Collection!
RBse/lrch Professiontll
S,nlces Fund
Grant end Funding
Research
On Demand Economic
Development Date
CollecUon
Geographic Information
System IGlSI Dato
Collection
City of Clennvoter
. Establish spacial project fund
. Finalize eligibility criteria
. /I of applications received
. # of sites redeveloped utilizing this fund
. Establishment of special project fund
· Finalize eligibility criteria
. Obtain commilmonts from locallcnders
. /I of loan applications received
. # of sites remediated
. Establishment of special project fund
. Development of Market Study Scope of Work
. Consultant Selection to perform Market Study
. Analysis of Market Study as related to job training and placemant
initiatives
. Increas.ed interest in redevelopment dUB to Markot Study
. Continue ongoing cost benefit research
. Evaluation of existing data collection
. Completion of Cost benefit Model
. Creation of permanent funding source for
. Drown field Activities
. Develop a scope of work to identify additional funding and grant
opportunities available to CBA
. Select consullant to provide research and applications for funds
. 1/ of dollars of additional funding obtained
. Funding of Environmental Justice Plan
. Funding obtained for Transportation, Infrastructure, Job Training
ini ti ativDs
. Available resources available to the CBA
. Obtein Software and additional resources to provide
demographic and redevelopment information
. Increased responsiveness to requests for information regarding
redovelo pment
. Obtain Software to provide a relational data baso system in a
geographIc format
. Increased responsiveness to requests for informalion regarding
redevelopment
14
State Brownfields Redevelopment Work Plnn
. r,' "
.(:. "
~ , . . ~
"
i;
., ,
.... .
, ,
'.'
;...
'. .
ct' ,
','.,
."
,',
..'
'::r.:
...
, .
~ . ..l
. . ~." ,.-, < >
II
.f-
.... \
, .'
,
.,
, l .... '..
:'
, .
~ '.; ,;' j~ ~ .<.: -:,' .
, .. '~
. "
. '~ .. ..
+~ I: '...: .: t,' I ~ ' ~,
, :.::. ;~"'v<.... ........ ~ .. ......'
I" . I,' ","
. .
...,..:":',.:~~l"1ao.t'.:t ~'...~i~ ", .
'6.0 BUDGET
.
1
I.
f
I .
[
I
I
Table 6-1 represents the proposed budget and recommended use of funds for the Clearwater
Brownfiel~s Redevelopment Grant. This budget is pending City Commission approval and may be
modified. In the event that changes are intended to the proposed budget. The City will submit in
writing any proposed modifications for OTTED's approval. The State Grant Funding will be tracked
through the establishment of individual project codes for each of the project elements. This funding
will monitored by the City of Clearwater Finance and Economic Development Team. As stated in the
preliminary schedule provided by OrrED the following is the schedule for disbursement of this
funding:
a) $l00M quarter beginning 10/01197
b) $125M quarter ending 12/31/97
c) $125M quarter ending 4/30/98
d) $125M quarter ending 6/30/98
e) $ 25M upon completion
This funding shall be deposited into the individual Special Project acco~nts as established by the City
Finance Department.
7.0 BROWN FIELDS INCENTIVE PROGRAM
Table 7-1 represents the draft Clearwater Brownfields Incentive program. This program includes 80%
of the site Brownfields Redevelopment Grant and additional existing and potential federal funding.
~ .
City of Clearwater
IS
State Brownficlds Redevelopment Work Plan
, .
. " t.
. :' . . -I ~ . ,I" ,. 4" ,"11..... ..,....
~
~
CI
E-c
Z
~
~
~
o
~
E-c ~
~ ~
" Q
~~~
QOQ
~~~
~ ~
~ ~
~ ~
~ 0
=
=
~
~
~
-<
~..
~
~
U
.-
-
~
~
::is
t.
,
""..<'*"" ~ ;;'.... ~
~
<
Cl Q
f- Z
Z-::l
t.tJZ~
t.J~S:c
-~~U
:EOU.....
O-l~-
Z~..J<
O>~~
U~O~
~QU~
ZQ
O~Q
~~Z
_Z::l
Q<lo;.
~I:tZ
:;~<
~c.:lg
Q
Z
fo-;:I
z~
~z
!:l:EO
-lc..-
~Or-o
-..J<
'-~~
Z;>--l
~~-
OQ=
~~<
l:Qa:l;)
..JQ
<Z
ti~
~f-
:;z
Z~
0:;
a:~
-~
;>-cn
~~
~
~
~
~
,.J
~
ti
~
~
~
~
IJJ
lXI
::!!
~
Z
f-
U
lJJ
-.
~
Q.
tt
C7'\
C7'\
C!'
-
00
o
o
o
o~
o
-
"'"
M
r--
C7'\
C7'\
~
-
00
-
o
o
o
d
o
&t
M
r--
C7'\
0'\
C7'\
I
-
00
-
o
o
Co
o
o
....
~
-
r--
C7'\
C7'\
C7'\
,
-
00
-
Q
Q
o
o
Q
....
~
CI
2:
o
5
l.I.,
o
~
ffi
:Ef-
~~
80
~~
o
-
'0
B a ~
m.c_blI....
~~5.g~
Clcuec~_
o '" o.tE cu u
._ cu 0 _ cu
e 0::: - -;:; u '0'
o'C~ccuct
g !a -8 .g ..s '"
u u ,- ... 'C
U,lCl-o'CrE'ii
iLl .9 ,g -g VI t;:
"Cuo cuC
.:; ~ E ,g l::! ~.
.ecegge
g", u 0._ '" co
C
.s .;;
(; en.5!
uS;S
0._.-
- ... 't:I
coEcu
m .... ''::: e
~ ~ ~ ~
'-' ~ .- u -<
.gl;jco-cc
.:; a :6 e u
.e~5e.,g
c..t.:)_ 0.....
c
:3M:€
~CII:!~
> I.C '"
-;:; r--. ~
C M'-
cu ... II)
o u u ....
~- s a a
e"'~1II
oc.cu
cuu'=i
OE=:-
ttl 0.'- S
u.913V) <
'"C~l:f!:lo:l
.;; u 'u :g u
J: ~ ~ii: oS
...
- 0
cuI,;;;
;gEl
.c t:
u
Q.,e---
...."'-..
.,e",o:l
bO~U
c III cu
:o<..s
c M c
~ U'-
cu~;€
:5!lf~
~ 'C ~
d: a .~
V)
o
5
l.L.
l.I.,
o
UJ
Vl
~
o
lJJ
-
lJ.,
U
lJJ
Q.,
Vl
E
~
iLl
..s
Iii
E:
~
o
~
...
='
o
.c
co
~
e
..c
it
~ u
c-s
VII..
<0
...
c
(U
E
g.
'ii
>
dJ
'C
~
~
'ii
l.::
c
~
e
co
dJ
13
Vl
...
~ ...
o @
~blI
e u
..s-5
'01..
11.I 0
13e
11.I u
c-
VI cu
<-5
c....
o
E
B
11.I
oS
...
~
o
ib
=:I
e
-5
'0
11.I_
]~
VI 11.I
<-5
I.C
-
E
2:!
iLl
oS
-
=:I
o
ib
~
e
oS...
'Oc
-8~
cu
cu iLl
c-s
<'0
! .
en
~
i=
a
~
Q.,
><
lJJ
l.I.,
o
o
~
::E
I r:::
....
I
u
c....
o
G-
o
-~
i
I
I
.' ~
".
~
~
E-c t3
~ .S
~ ~-
-< ~"7
r-:l too:! ~
~ ~.c
U ~e
~ ~
o l;)
~~
~
o
'.
.~'. ':t'
~
=
~
:::=
~
C)
~
b.tl
.=
::
-
~
~
lG
<II
'"
Il)
C
'iij
=:l
.c
'"0
Il)
n
fa E,O
.3~
~
&::
~ l;j
o
~...J
,'"0
=: ~
~~
tic
lG
~
c
'iij
=:l
.c
'0
Il)
n
$
u ~
.r; Il)
c ~
o 0
~e
~ .- 4.1
= ~c.
:= !(! e
r~- Vi Co
""-l lG i:
=: c: Il)
.~ 'Uj!::
'S ,Su
.!:f 't:) S
::: .!:! G)
~-ru_
r:: @ PJl m
i;3o~'o
b.tl
.1:
-;
=:
~
....
~
~
~
-
05 c
.~ ~
=:l
:a 1.1
III ~
lG 0
c: u
. - "ii
~ <II
.c'-
~ 0
~t)
.... Il) ~
e ~ c
o~8
, ,
lQ
.!!!
-
=:l
.c
-
s:::
4.1 C
a 0
4.1'-
.=: E
:3 4.1
3":s
... <II
o C
Z 8
u
-5
.5
-
:;
e$
....~
<11,-
=:l 0
a C
- 0
~ ~.;:
,= lQ <II
J:13~
lQ
.!!!
-
:3
.c
...
C
ua c
o
u'-
.=: e
:3 4.1
tr'l:l
e 'U;
o C
Z 8
c
-= VI
- .c
:3 0
<II .....
~'-
... 0
;g g
E .=
- lQ
U e
.g. 1.1 lG
J:.s>-
lQ
.!!!
...
:3
.c
-
c
4.1 c:
a 0
u'-
.=: e
:3 u
tr'l;;l
~'ii)
o c
Z 8
as
.!!!
...
:3
.c
....
C
u C
a 0
u'-
.= E
g.~
4.1 ,-
~ ~ lG
z8>o
as
.!!!
lQ
.!!!
... ...
:3 =:l
.c .c
...'" ...
Il) C C
~EBeB
o e';:; e'O::
;>:,':; t's ~
1: c:r 'l;;l c:r '"0
8. e 'U; e tV;
eogog~
CoZuZur
E
o
u~
.~
'" ~
i ij 4J
~g1i.l
~::~
"= 0 13
:r: 4J ia
r:=t ~ :t
""-lr--~
-
C
u
e
e
.:;
c:r
u
llG
4)
~
't:)
e
'3
tr
u
llG
1/1
.c
o
-.
'-
o
...
,g
a
=:l
Z
lG 0
>-z
S'
'"
:::l
'1:1
C
-
OJ)
c
:s
[
x
UJ
g
lU
:0
oS
.~
'<
SrJl
<II.c
=:l 0
'l:I~
.5 C
. - 'l:I
~ 5 a
u u ~
ZllG<
.9.9,-
II) u 0
- -...
i1i1c
--=
.- .- 0
~ ~ a
<<<
o
o
o
or{'
Cl
a
=:l
a
o 0 :g
zz..:
o 0
zz
.9
Co
:3
!a
.E
~
Ii
.co
'-0
00
,-0 ~
"'.....0,
o,N
N(,II)
rJl
II) 0
;>oZ
0,
0,
0,
0-
--
V)
sa
Q.,
=:l
.c:
B a
ta =:l
E a
'" .-
~ ~
~ a
- 0
u-
llJ Co
.I:: =:l
~N
~ u
<!:!llJ ~
a a: ~ ~
=:l~alo-.
a 0'- 0
.~ ~ ~ c
a B E .9
a:I 0, n
gEg-a.
q~ o,~ ~
~s::~u
-
ca
'l:I
::i
a
:::J
lU
g
lU
0.
t
C
o
Z
c
o
Co
=:l
!a 1/1
U 4.l
u~
'C
u
E .
'5 n
e E
o lG
1.1 .-
't:) 1.1
U C
;0. U
o ~
... .-
0.-
c..C
< 8
'l:I
~
u
Q.
e
o
1.1
~
~
:::J
t:I
lU]
~.!!
a-o
u C
~ a:I
- C
~ .9
a ni
.:t .5
= a
Cg
gj C
U 8
.8'3
... tiniaso~o
C =:l6he;"e~
lUe e 'ii) <( .... c. -
U .;:;.. ~
c. .~ 't:) ~ :::.15 r.!
.8 "'c---tIi
~ IG ;>..- ~ <II 'l:I
'U .- 1: 'l:I E= lG ~ :g
't:l.';:: 8. ~ :t .5 l:! 0 ...
e .E; .e ri e ~ lU 0 @
g ~ p.,.E /Xl (C goe: 0
~
o
::
c-
o
c
o
'0::
lU
c..
e
o
u
'"
ll)
.~ o::t
'Coo
ucO
1.1....
.5 M
~ ...
ll) ll)
-50.
o,g
'l:IU
::i C
:a;
~ g
u:
as :3
c.Ovi
.5llJ~
U :a
:Q c
.I:: 4.1
0. e
~ 1/1
oE lG
~~
.- <
11N
tE! 4.1
4J llJ
-0.1::
.- 0.
~'"O
ci:;:a
4)
'a
't:l
U
fj
fJ')
...
:::J
~
<II
'"0
C
~
c-
o
ll)
III
::>
'0
u
l::
'u
lU
c.
en
.5
'0 lQ
lU ~
e<
.2{l
4)'ij
.cl:::
... C
~ :;
E e
uCC
.-=: ~
1/1 u
eE
Q) Eh
c.._
o III
... ll)
0.'0
.5
'"0 (IS
4.l e
"B<
.2-:9
ll)Qj
.cl;:
... C
;g ::
E e
uCC
,;::: ~
1/1 4.1
eE
u c
c..~
o <II
... Q)
~"O
,5
~ ~
E<(
u
..s-:g
UQj
-c1;:
ti c
:3 ::
E e
2aJ
'Vi '3
eE
u Eh
c.._
a <II
ci:;.:]
1/1
U
"i;;l'O::
Q.) t;
~E +.::
~ u
'C~
.5 ~
lU III
- ll)
.c C
~.~
tJ.lCC
'"0
u
12
u
c.
o
o
c
.€
-
c
Il)
1/1
lG
c
'iij
:3
(C
*
..
*
*
c=
e
o
e
u
"t:l
... .'!J
1;:-
e~
c. 0
... 'I"'l
J:!~
~
a
'"0
u
e
ll)
Co
o
....
g ]
.€ it
_ u
~ g
III en
lG :g
C ~ 0
'Vi 0 <:;)
:J ... _
CJ c. V}
...
oE
'0
U
e
u
Co
o
...
o
c
.e
-
C
U
III
III
ll)
C
'iij
:J
cc
~
~~
,.S!tJ.l
i:C-e
U Q)
s13
enl.L.
...~:::i:
t,:oon
ooon
... -
Co "'9 fA
__ rJl
<II U
CJ -=
.~ ';>
::s t.::
"0 1.1
.s~
.!!Ul
:9: :l
bOC
~ .~
.Em
u
~
:::J
o
VJ
b/J
c::
:a
C
~
C
lQ
a:
.:A!
...
~
...
C
4.1
e
c.
o
Qj
>
U
'0
4.l
~
III
"1:l
Qj
I;::
C
~
e
OJ
1IJ
E
Vi
....
e
o
....
-
I::
.S!
t:i
~
-
l:::I
z::
.1:)
a
~
r::
a
Cl.O
.5
~
5
~
if
...
...
...
...
I
u
.....
o
c-
o
t, .
. ~ ...~ . t~ :
, 1,\'
.......
i"
:~:;
. ;
':: ",
:-~.
: :.::-~: :~~,k:;';~}":::'l~,;:.;.)t;.e~~~;i~~~~~~~'::~\':;.~f~. i: ,:,.,'~"" .':. ' '.: .
I ,:':'.';:.:"~lJY:ld';;""'~;>>~.~i;;:~;~!}~Mti"ll~"it!jl''r'~;;~l'r :W.}:{..~-;.''''l ~" ' .,
; ~ ", ;.",~ ~:. :'- ,~.' I .~\:\ :;..<!~..': ~~'~ ).:~ ;7.t~:~'. ;':,;r!,; /t':' r~~~:~~" '?,' ~:L~X., T~:l:> '; '~~~ '~~:'/f~'c J: <: ~">~',~~~.I': ~. I
. l ;'.') ~
Item #34
,J>;
,. ,
I'",
.\.
960
., ,
.
" J /!~. .'
t.
\ ,
.'
.'
.,'
j
l
I
I
!
,
~
~
1
..
'. ~ "\ . ';, . ,.:
~.I'''..,J.~!:: '.'; ~.O:,:"'.:.." ':' ~ . "," .C".j':~.'
. ~ '. ,:
j~
I .
I :
MEMORANDUM
TO:
FROM:
Honorable Mayor and City Commissioners
Pamela K. Akl~1ity Attorney .
RE:
Stathis v. City of Clearwater, et al.
DATE:
October 7, 1997
This case arises from an automobile accident at the intersection of Pierce St.
and Greenwood .Ave. which occurred on March 10, 1989. Constantine Stathis was
driving an automobile west on Pierce when he was struck by a truck driven by
Larry Mattocks. Mr. Stathis was killed in the accident. The plaintiffs contention is
that a large palm tree near the intersection obstructed the view of drivers traveling
west on Pierce so that they could not see vehic[es traveling north on Greenwood.
The parties were ordered to non-binding arbitration before a panel of
arbitrators. Arbitration was held on September 15-16, 1997. At the conclusion of
arbitration the panel assessed the fault for the accident at 70% for the decedent
and 30% apportioned equally among the three defendants. Although total
damages were found to be $1,054,000.00, the arbitration panel determined the
City's share to be $105,400.00. Each defendant's option at that point was either to
accept the decision of the arbitration panel or request a jury trial.
Pursuant to direction received at an attorney-client session held on October
6, 1997, a proposal to settle the. case for $105,400.00 was communicated to the
plaintiff and was subsequently accepted.
Formal authorization by the commission at a pubHc meeting is now sought to
settle the claims arising from this accident and lawsuit for $105,400.00.
PKA:jmp
Copy to:
, Michael J. Roberto, City Manager
~>).m"k~.'L,~1.~i':".At~~~.'.l'~1~"""'\.-i'i-l-"." ,.Ipn ..,..... ~
_..._'--.".......~~_..'o'...,.....
.
."". " .~..I&..~:... .~~............'" .............. ~
~
.
/I ..'..:<"'" , "{
~I" I. .
. \+V- ~
Clearwater Glty Commission
Agenda Cover Memorandum
Item N, 35
Meeting Date: ;{ 0...\4', ~ 1';
, :',.t' . '," c ",'. >,
SUBJECT:
Professional Services Contract with the National Development Council (NDC); City investment in the
Grow Clearwater Fund; and declaration of surplus loan assets and sell to NOC.
RECOMMEN DA liON/MOTION:
Approve a one-year contract for professional services with NDC in the amount of $40,500. Authorize the
City to invest $100,000 in the Grow Clearwater Fund. Declare $45,000 in Economic Development Loans
funded by the Community Development Block Grant Program as surplus property and authorize the sale
of the loans to NDC for payment of annual contract fee.
I!l and that the appropriate officials be authorized to execute same.
BACKGROUND:
The National Development Council (NDC) is a national non-profit organization that provides housing,
community and economic development services to more than 200 communities across the United States. NDC
through their Grow America Fund and their Housing and Economic Development Corporation provides low
cost financing for business and housing development in participating communities.
In order for the City to become a participating community, the Clearwater Department of Housing and Urban
Development (CHUD) is requesting the following:
. authorization to declare $45,000 in economic development loans, funded through the Community
Development Block Grant Program, as surplus;
. authorization to sell these loans to NOC. Proceeds from the sale to NOC will pay the annual contract fee of
$40,500; and
. authorization to invest $100,000 from the unreserved fund balance in the Rehabilitation- Loan Non~
Expendable Trust Fund in the Grow Clearwater Fund. ~JOC will match the City's investment of $100,000.
This investment will enable the City to finance up to $1,000,000 in small business loans with guarantees
provided through the Small Business Administration 7 A Program.
IS
ACM
Other
Originating Department: Cost~:
Housing and Urban Development
Commission Action:
$140,500 0 Approved
Total 0 Approved w/Condllions
$140,500 0 Denied
Current Fiscal 0 Continued to:
Year
Reviewed by:
legal
Budget
Purchasln&
Risk Mgmt.
Submitted by:
Advertised:
Date:
Paper:
Funding Source:
o Capllilllmprovemenl:
o Operilllnll:
o Other. Attachments:
Oty Manager
o Printed on recycled paper
o Not Required
Affected Parties:
o NotJrJed
o Not RequIred
Appropriation Code
684-000000104110-000-000
607-000000104110-000-000 0 None
~v.I'~r~.~;~8ii;ll;~"'r<'f'. .~~. ,. ..1. ,,,r....'"' .'~ .
....._J~......'....I~._---......_.:.,.~ J .~., .", .,
- - .__.---.........~--~~~--~.._..
..
. ......". J..-.4 \>oool......" r.. ~ I .' .
., .......
jJ
,
: :1
I. ,
. ..
..,l
. .
."...'F;::;:;'~' .'. -,~;.: !i~::.j (.:~fg:'~:.;<;: ,~::.'. /" ,...,<.'...."!:,. ;,;.....".,~'":. I";: ...",,:! ;:.;..:. {,'.i", ,.... ~"''-: 1 .,~,.
".i'i-':"."'"
i. .
p." '
...
I,:..
. The contract with NDC provides the City with the ability to issue U., S. Department of Housing and
. Development Section 203 (k) insured mortgages. The Section 203 (k) Program provides homeownership
opportunities to eligible homebuyers to purchase and renovate an existing housing unit with one mortgage.
Conventional lending programs require existing housing units with minor or major deficiencies to be
. renovated prior to re~eiving a mortgage.
. .
: . 'Training in financing principles, structuring development financing, financing affordable housing and other
financing programs will be provided by NDC through this contract.
.CONTRACT AVAILABLE IN CITY CLERK DEPARTMENT _ h ot.-J o...~ O\.ch ed ..
,.
::.:, .'.'
\ ~.:"'. '
"I' },
. .
t',
.,
, " '
, ., .,
'i.;...:- : 'f" .,
~>~.- :' ,': \ . I .
,.'. "
~ :.'.
i:./.:':. '.
: . ..' ""/.
" .
, I.
'.,: .\
~r.'\""r:
:~~~. :
" .,..J .
~:~ I, "~":
,\"'''. I
!;"';, .'. "
,. .
tr'..':.'. '
r::'
, ~. .
. "
,~~. . '" -
':, . I .
, ~ j ~ f, '
~ '~~ :. '".'
..,
.((,....
1".".
.... ';'.
}:.:'.l':. ~ ':' ~ ;," .
'} .,," .
'I' ,
..d,!"l
{.~":- ./<: .
,
I'
I'
:1;' '! !.
.: "
'",'-, "
\;~',~'. \'
~!\': ~':. ':
;~:~\ ~...". '
. .,
.:-.r,:;'
1 ~ '
. ,
,I . .
'.
J
.
I. l"
<\
"
./
J'
"
> :c. 't: ~: . c'f. .
'.
'"
AGREEMENT
BY AND BETWEEN
THE CITY OF CLEARWATER
AND
THE NATIONAL DEVELOPMENT COUNCIL
Part I
TInS AGREEMENT, entered into as of the 1st of November, 1997 and ending the 31 st of
October, 1998, by and between the City of Clearwater, Florida, a municipal corporation organized and
existing. under the Jaws of the State of Florida (hereinafter referred to as the "City"), and the National
Development Council (hereinafter referred to as "NDC"), a not-for~profit corporation organized and
existing under the laws of the State of New York and having principal offices at 51 East 42nd Street,
New York, New York.
WlTNESSETII THAT:
WHEREAS, the City desires to expand economic opportunity for residents of Clearwater so that
these residents may become economically self-sufficient; and
WHEREAS, the City desires to encourage sustainable community development activities so that
neighborhoods can revitalize themselves; and
WHEREAS, the City has detennined that it needs the professional services of an advisor to work
with the City to develop and assist in the implementation of the Community and Economic Development
Programs; and,
WHEREAS, National Development Council desires and is willing to assist the City to achieve its
goals to expand economic opportunity and revitalize its neighborhoods; and,
.WHEREAS, the City has selected NDC and NDC has agreed to perfonn the services set forth
hereunder; and,
WHEREAS, the compensation to be paid NDC is comparable to compensation nonnally paid for
such services by other communities which have retained the services ofNDC;
, NOW, THEREFORE, the City and NDC hereby agree as follows:
SECTION 1:
EMPLOYMENT
101. The City hereby employs NDC and NDC hereby agrees to perfonn the services
set forth herein in accordance with the stated tenus and conditions for the consideration set forth
in Section s.
102. The City hereby designates the Housing and Urban Development Department to
administer this Agreement in behalfofthe City.
.. .: :J~:r;:}~~:,;:,:;c:. ~ . _
,.
li
I'
. _'~~ - I'>'~,':;,\.<;'" :;~~:""'1
!
i
I
I
I
.,'.". .'u
103. The person responsible for the services to be rendered on behalf of the 'NDC may
be designated in writing by NDC and accepted by the City.
104. The City authorizes NOC to subcontract with Grow America Fundf Inc. (GAF)
which will assist the City in creating a self sustaining community economic development loan
pool for Clearwater businesses referred for consideration by the City to be known as the Grow
Clearwater Food (GCF). NDC will be authorized to direct OAF to originate loans utilizing
equity funds committed to NDC by the City and use its SBLC license to make SBA guaranteed
loans and provide staff to operate the Grow Clearwater FWld in conjunction with local staff to be,
provided by the City. In addition, at the City's option, NDC will authorize OAF to reinvest loan
repaYments less approved expenses into Grow Cleanvater Fund.
SECTION 2:
SCOPE OF SERVICES
201. NDC shall perfonn the services set forth under this Agreement in a satisfactory
manner, as determined by the City. NDC shall make such revision or modifications to its work,
at its own cost and expense, as may be required by the City; provided, however, NDC shall not
be required to make revisions at its sole cost and expense where the revisions are based in
considerations outside the scope of services initially given to NDC.
202. In perfonning the services required under this Agreement, NDC shall consult with
the staff of the City, and shall meet, as appropriate, with other employees or City officials and
with other persons or entities, as necessary, including State and Federal officials and/or
neighborhood groups or organizations
203. NDC offers the City a full scope of economic, community, and housing
. development services and training. The City will select the services, the timing and order of the
.delivery of the services, and the degree to which the services are provided. The City, in its sole
discretion, will determine the adequacy of the services provided and may add or delete services
. as it sees fit. The initial tasks comprising this Agreement may include, but need not be limited to
the following:
"',.~ .....r_.......-.' ~., ,
. .~.......... '~'""~,...1~.........~..-!,.,..i........Io.-F.............. --~...,.
r.
-
...
\,
I'
. .
, .
t.
.I'.. .
-~ ,,,,:,.:-,;-:'(;',,.: "': ;'~~'1r-~;;f:;1:::X\ ;';:,~,.,..~._:-;~.:.C'~,~t"':.~:,,~ ,,:,.\,~:.'. ;,... ,.,;,.,," '!', t+. 'f,' .,,," .."
: ':'.:'." "J ,- ,
.
.
d'
203.1 Traininl!.
To improve the analytical, financial and structuring skills of City staff and staff or non-profit community-based
organizations (as designated by the City) involved in the various State and Federal community and economic
development programs as well as develop their abilities to communicate and negotiate effectively with lenders,
developers, and equity investors so thot projects move quickly to completion. NOC shall make available I (one) pre-
paid scholarship (consisting of up to one work of training) in its version of its Housing/Economic Development
Finance Professional (HIEDFP) Training Program. The curriculum will be specific sections of NOels (combined)
seven (7) week HIEDFP Program and NDC shall work with the City to select those areas most appropriate for staff
training. The full curriculum includes:
, "
a. Financing Principles
Credit analysis
Ratio analysis
Cash flow/repayment ability
b. Structuring Development Financing
GAP FUJing
Problem solving
Negotiation
User fmancing .
Investor financing
c. Financing Affordable Housing
Single Family
Multiple-Family ,
d. Financing Programs
Conventional
HOD
SBA
Other (TBD)
Training wHl be conducted in a classroom style in designated areas across the country. The emphnsis is on
the analysis of case studies of real development projects that NDC staff has structured and implemented in
conjunction with client communities across the country. .
.~"H~"'___.....~z,"="'"l~.i ." '..1 ~,.I." .J"~"':L,~~t,.l......:.o~""--."-
.u,"'.. ~ .......,.~~~"o - -..__'H'.....,...~:
.......,..u'..... .
"
i'
", . t
.' <", .... .<. '..". . ~. . .
203.2 Community Based Housing Development Organization (CHDO)
At the City's election, NDC will provide technical assistance to up to two CHDO's of the City's
choosing. The cost of this assistance will be underwritten by the U.S. Department of Housing and
Urban Development. . HUD will compensate NDC for providing this technical assistance to the
CHDO's and the City will bear no cost of this assistance.
203.3 Small Business Lendimz. Companv (Grow America Fund)/Communitv Develooment Finance
Institution (SBLC/CDF)
Pursuant to Section 104, NDC shall execute a sub-contractual agreement with The Grow America
Fund, Inc. which will assist the City in establishing a self-sustaining community economic
development loan poor for Clearwater businesses referred for consideration by the City, said RLF
shall be known as the IIGrow Clearwater Fund.1I NDC will direct and oversee, under its sub-
contractual agreement with GAF, that the activities listed below are perfonned. The Subcontractor
Agreement wiIJ require OAF to incorporate aU applicable U.S. HUD and SBA requirements and
regulations.
NDC will authorize GAF to use its SBLC license to make SBA guaranteed loans sponsored by
Grow Clearwater Fund and operate Grow Cleanvater Fund in conjunction with the local staff
provided by the .City in a prudent and businesslike manner. GAF will perfonn the following
services:
. assist in marketing the Grow Clearwater Fund program;
. assist in originating and packaging loans;
· obtain GAF and SBA approvals;
. close, servicet and collect loans;
. perfonn annual reviews of each loan;
. perfonn the fiduciary responsibilities;
. provide periodic reporting to the City; and
The City shall provide at least one (I) full time local staff person to coordinate the Grow
Clearwater Fund. Local staff will assist to market the program, originate loan applications, and
assist in closing and servicing loans.
203.4 Special Proiects
NDC shall assist the City through a mutually agreed upon "due diligence process" resulting in a
financial and/or organizational analysis and recommendation for action regarding:
a. Development of structure and application for a citywide Section 108 loan
I
b. Development of policies mid procedures to include the City in NOC's IIEnvironmental
Economic Development Initiative" through the Center for Environmental Economic
Development and the U.S. Department of Commerce Economic Development
Administration.
c. Other projects as mutually agreed upon by NDC and the City
t"
. _ .~...' ~ ,,;.. 10. f. ~ ... ,,+.0:. ~
203.5 Community/Economic Development
NDC will assist the City in the development and implementation of financing programs, financial
review, and packaging for development projects as dctcnnined by the City. At the Cityls election,
assistance can include, but need not be limited to;
a. Participation in negotiations and meeting between the client and developers, analysis of
financing feasibility, and implementation of financing alternatives for developers located in
proposing to locatc the City.
b. Meeting with private and public sector financing sources and negotiating with related parties.
c. Introducing, as appropriate, developers to the City (NDC maintains working relationships
with nu'merous national and regional development groups as a consequence qf its other
contract relationships).
d. Providing training to City staff on development finance issues and technical aspects of project
development through infonnal on-site training and reduced tuition for City personnel in
NDels Economic Development Profession~l Certification Program as outlined above.
e. Providing organizational training to key board members, non-profit neighborhood and
development corporations, and other key participants in economic development process on
issues of doing development.
203.6 Other Services
NDC offers a full range of community and economic development, and housing services which
are available to the City. These services may include but not need be limited to the following:
a. Establish CitylNDC joint venture program for industrial and commercial development
projects through NDC Housing and Economic Development Corporation (HEDC) and
Community Development Group, Inc. (COG).
b. Establish City participation in NDC's SOl (c) (3) Bond and Donation Program.
c. Establish City participation in NOels "Affordable Home~Ownership Program" through
NDC Housing and Economic and Economic Development Corporation (NDC HEDC).
d. Establish City participation in NDCls I'Corporate Equity Fund."
e. Establish City participation in all other programs as developed and introduced by NDC
during the contract tenn.
SECTION 3:
INFORMATION TO BE FURNISHED TO NDC
301. The City shall provide NDC with all documents, datat and other materials in its possession
appropriate to the services to be perfonned hereunder and will use its best efforts to secure
materials or infonnation from other sources requested by NDC for the purpose of carrying
out services under this Agreement.
I'
. . . . .". I..~ .. ,\ ., . ~ I ., .. . ... . _ ~.,\- .
SECTION 4: TIME OF PERFORMANCE
401. NDC shall perform the services set forth in Section 2 of this Agreement in the period
commencing November I, 1997 and ending October 31, 1998.
402. This Agreement shaH remain in effect until October 31, J 998, unless otherwise
terminated or extended by the parties hereto, by giving the other part forty eight (48)
hours written notice.
SECTION 5: COMPENSA nON
501. The City shall compensate NDC for satisfactory perfonnance of the services set forth in
Section 2 of this Agreement in the amount of Forty Thousand Five Hundred DoUars and
no cents ($40,500.00), CIThe Base Contract An:tount"). Payments shall be made at the
rate of $3,375.00 per month, due and payable on the first of each month.
502. Payments to NDC under this Agreement shall be made by the City upon approval. of
payment requisitions certified by a principal ofNDC submitted not more often than once
a month. Each requisition shall be in a fonn acceptable to the City, and shall set forth
the compensation due NDC based upon the fee amount set forth in Section 501.
503. Compensation provided under this Section 5 constitutes full and complete payment for
all costs assumed by NDC in perfonning this Agreement including but not limited to:
salaries; consultant fees; costs of materials and supplies; printing and reproduction;
meeting, consultations, and presentations; travel expenses, postage; telephone; and
similar expenses. No direct costs shall be reimbursed by the City.
504. The Grow Clearwater Fund will be capitalized with equity funds provided by the
City. These funds will be used solely for eligible SBA guaranteed Joans within
the City, which are sponsored by the City and neighborhood community
development organizations and which meet the purposes of job creation, increased
investment, or the elimination of blight as determined by the City.
Under this Agreement, the City subject to City Commission approval authorizes
to commit an investment of $1 00,000 into the Grow Clearwater Fund. NDC will
match this investment with an additional $100,000. NDC anticipates that this
$200,000 of invested capital will create an approximately $ 1,000,000 community
economic development finance bank.
NDC will be authorized to submit to the City invoices for the disbursement of
said fund to NDC for OAF, in an amount equal to the loan commitments made by
GAF for which loan funds have not been previously disbursed by the City. AU
invoices for said funds will be accompanied by commitment documents and other
reporting requirements, which shall substantiate the amount of loan funds
requested in the accompanying invoice. All invoices are to be initiated by NDC
,
"
. .t<'"'
. , , .' ~ ,. ~
,I' ....,..;.... .
... . .~ . . ~ .",.... ,... ", ,,", .../ K~'. ". ~. ".
,.
on an as-needed basis, so that the subsequent City payment is redistributed
through NDC OAF within five (5) working days upon receipt.
For providing the services authorized in Section 2, NDC will from funds other
than and in addition to the compensation outlined in Section 5 Paragraph 50 I,
compensate OAF for underwriting, servicing, and management fce (hcreinafter
"GAF Administrative Peen) in accordance with Section E of the NDC/GAF
subcontract attached as Attachment "AII.
SECTION 6: TERMS AND CONDITIONS
601. This Agreement, its terms and conditions and any claims arising therefrom shall
be governed by the laws of the State of Plorida, NDC shall comply with all
applicable law, ordinances, licensing requirements and codes of the City and shall
commit no trespass on any private property in performing services under this
Agreement.
602. In the event of claim, dispute, or legal action, NDC shall continue to perform
services under this Agreement in a timely manner, unless otherwise directed by
the City.
603. The City and NDC each binds itself, its partners, successor, assigns and legal
representatives to the other party to this Agreement and to the partners,
successors, assigns and legal representatives of such other party with respect to all
covenants of this Agreement.
604. This Agreement incorpomtes all the understanding of the parties hereto and
supersedes any and all agreements reached by the parties prior to the execution of
this Agreement, whether oral or written.
605. If any provisions of this Agreement is held invalid, the balance of the provisions of this
Agreement shall not be affected thereby if the balance of the provisions of this
Agreement would then continue to conform to the requirements applicable to the
Agreement.
606. Any waiver of the terms and conditions of this Agreement by either of the parties hereto
shall not be construed to be waiver of any other terms or condition of this Agreement.
607. The City may, from time to time, request changes in the scope of selVices ofNDC to be
performed hereunder. Such changes, including any increase or decrease in the amount of
NOels compensation, which are mutually agreed upon by and between the City and
NDC, shall be incorporated in written amendments executed by both parties to this
Agreement.
608. References herein in the masculine gender shall also be construed to apply to the
feminine gender.
"
..
.. ., ........, \ . '1;., . ~'.'.
609. Except as otherwise specifically provided in this Agreement, whenever under this
Agreement . approvals, authorizations, determinations, satisfactions or waivers arc
required or permitted, such approvals, authorizations, determinations. satisfactions or
waivers' shall be effective and valid only when given in writing signed by a duly
authorized officer of the City of NOC, and delivered in hand or sent by mail, postage
prepaid, to the principal officer of the party to whom it is directed, which until changed
by written notice from one party to the other, are as follows:
NDC: Robert W. Davenport
President
National Development Council
51 East 42nd Street, Suite 300
New York, New York 10017
CITY: Alan J. Ferri,
Director
Housing and Urban Dev~lopment Department
City ofClenrwater
P. O. Box 4748
Clearwater, FL 34618
610. NDC agrees to pennjt at all reasonable times and places an audit of its books and records
as these may pertain to this agreement by duly authorized representatives of the City.
611. Notwithstanding any of the provisions of this contract, it is agreed that the City
has no financial interest in the business of NDC, and shall not be liable fOf any
debts of obligations incUITed by NDC, nor shall the City be deemed or construed
to be a partner, joint venturer or otherwise interested in the assets of NDC, or
sums earned or derived by NDC, nor shall at any time or times use the name or
cfedit of the City in purchasing or attempting to purchase any car, equipment,
supplies or other things whatsoever. .
612. NDC, in the perfonnance of its operations and obligations hereunder, shall not be
deemed to be the agent of the City, but shall be deemed to be an independent
contractor in every respect and shaH take all steps at its own expense, as the City
may from time to time request, to indicate that it is an independent contractor.
613. NDC agrees that it will comply with Title 6 of the Civil Rights Act of 1964 and
shall assure that no person will be excluded from participation in, be denied the
benefits of, or otherwise be subjected to discrimination on the grounds of race,
sex, color, national origin or handicap.
SECTION 7: TERMINATION
701. With the exception of the terms and conditions for participation on the SBLe
program as described in Attachment A, it is understood and agreed that either
r-- ':, '.
j .
jo.
I,
",.,.; ...,,~.,.,'~\, ;.~;:.:::,. ::J;~ ~~~\Irr:_'t...t",".";""~",)"",,,,,,~~.~;,,,:,,,,:;,,,,,,,.';" .""1' 't, ,., ,.... " " "", ." '. ' _,
party may cancel this Agreement at any time, for any reason, after forty-eight (48)
hours written notice of such cancellation of this agreement prior to the end of the
twelve (12) month tenn hereof. The fees to be paid to NDC shall be pro-rated to
. the date of cancellation.
Countersigned:
CllY OF CLEAR WATER, FLORIDA
:'
Rita Garvey
Mayor-Commissioner
By:
Michael J. Roberto
City Manager
.~pproved as to form:
Attest:
i >...,
,) ," c.. .
J"'.(
~.. .
. John Carassas -
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Attest:
National Development CouncU
Robert W. Davenport
President
, ,'". ~..
, .
.,
....' :."'
:;;'} :.~..
, .
. .
"
~, ~ .
',.;>'! ,"oJ
"
:(,. \ 'r:'
:1 c
t. " ,
. .~ . ,. . .
,to, . .
..::':, .
,.,
r c :, 'e" c.
l'
,
'I'
,1, ,': .
. ". ".
I .
~ , . ',:
,
. [..<'
'. I . , .~: ,"
.r ',.
I ':1 '"
. ,\
. ~. ~ } . I
\ < ' .".: . , . . .
., >. .
_",,",~"'i~:" }'f'~'~' \~'\\V;1':.~ ;.1~:'r:'!1',... ..~,. .;.:._.~.:' ."' ";,:~.\.,:":~~',..,~..,......,,..,.,:, ~ . ,;..,.. :"""" '>'. ,. ' .. '!' ,f;. .." .,.
ATTACHMENT A
, ,
SUB..CONTRACT
BY AND BETWEEN
. . THE NATIONAL DEVELOPMENT COUNCIL
..~ND THE GROW AMERICA FUND" INC."
FOR THE ESTABLISHMENT
OF THE GROW CLEARWATER FUND
:'.:. .,'
~ .' .
::,., ~ '< L'.
"
,. ,
.,
, '" '.' . .
, :.
"."'; ." "
) <~ ) ~ -, .'. .
';:"..:.,: .. ',' "
':~>:~: 'c<. <,
~~\(: ", ;. "', . ">',. .','
,".< . .
.' ~ .' .
,">
...'. !'
.'
, . >.'
. .
,
'". .~. i
" .
Ie,'.
'.
. . .
.",
'i: ,.. ,
, . . ..".
. 'J" .
, ';'. ~c"". J
. J ' ~ < . '. .'." .' .
."1' .ld "
.,
. .c,
:';:. \ ~ .;.., ," . : '.
1,;':::. '.". .
" <.,.
~:.;~~; ~~.:. .. ..
<. . .
., ,
'/':1:. .\ .1, .
.. ~...' ;.:-
J:"_ '. o' .
t:'. .,:. . .:..
~ I . : ( . ~
. "
. '.' i
c,
. .
, <. ' >. . , "
, .
. t:' :. '. : ~. "
~;}:.:) :. ',,'. .\ ' ' ", .
\.:o'.'.~'- :, ,,;': , t.,' '.,'
", . !. ...
.{::~:, I.':t ,0:: ~. . ',',... .
, ..,
. c
.' .., .'. ~. c "' .'
, I ~ . T" .' ~' .
. ~ . :.: ,~~ ~ I ' '; c '. . '
'~> I'.
. ~. ',.. I
;;:;',', . ~ . ~
.! . "
'. ~, , .
. , .
l:!/.....
r. . L
~.
" >
( .
"
,
. . .
~,:;...,.~!\ ~>:':i,:,~':'>:-'('<'.I'~i;,'!.I::\~/;!!''':.''.~.:.:'r;-;\~..,~;:,~:.~~'.''l-~.~'; :It~.;'t:"}':"'. -:' ,".:" : . '. ::....:...,....
.....' c ..r . .
',-, ;,
. ATfACID.1ENT A
TABLE OF CONTENTS
. SECTION.
INTRODUCTION
TITLE
RECITALS
;.
",' .
A
GENERAL PROVISIONS AND RESPONSIBILITIES
,J ....
, ,
., '.
'. '.:J
.B
., GAF AND SBA GUARANTEED LOANS
"
c
CAPITALIZING OAF-CLEAR WATER
, ..',. D
GAFADMINISTRA TIVE FEE
.E
DISTRIBUTION OF REVENUES
F
DURATION OFAGREEMENTAND DISTRIBUTION OF
ASSETS
G
OTIffiR TERMS AND CONDITIONS
.' .
I, c' ,
, .
, . ,
'j ,",. .
.;; .... .'
!<~ "::.
'I,
.,
. l"
.t....
,l
. ,
. : '. .
,
~ '.'
:,~~: .'i';,:, , ....:::':.:,: :/...~:! ';I:::~~l~';:\Ji~'C!.".:/!~''':;~l.;r,~ "'..~. ,~..",:, ~",;'~i~. ..~.>. ~':'r, :"'~..!.: .;,".. ., '''....; .',"" .,. '.. .. " ..
>t- }......, + ",
"'""-----.-....
ATTACHMENT A
.' ,"
TABLE OF CONTENTS
SECTION
TITLE;
RECITALS
INTRODUCTION
A
GENERAL PROVISIONS AND RESPONSIBILITIES
~. :
B
.GAF AND SBA GUARANTEED LOANS
, '. . .
'\', '
c
CAPITALIZING GAF-CLEAR W A lER
':' c I
D
GAFADMlNISTRA 'fiVE FEE
:11 "
'E
DISTRIBUTION OF REVENUES
F
DURA nON OFAGREEMENTAND DISTRIBUTION OF
ASSETS
..0
OTHER TERMS AND CONDITIONS
. ,
';:; .'1'
. , . . .
..
! ~. I .
.r, I,.
. ..
. "
.' .
</' ., . ..
~'. .
t.
!. .
,
,
~. .'
. "
". ,
: ", '"
,.' .
r
". -"~''L>. iV.....'~. '. c .... .lO .. ~. .
ATRACHMENT A
SUBCONTRACTAGREEMENT
BY AN DB ETWEEN
THE NATIONAL DEVELOPMENT COUNCIL
AND
THE GROW AMERICA FUND, INC.
FOR THE ESTABLISHMENT
OF THE GROW CLEARWATER FUND
INTRODUCTION: RECITALS
TIllS AGREEMENT entered into as of the 1 st day of September 1997 by and between the National
Development Council a New York not-for profit corporation with its principal office at 51 East
42nd Street, New York, New York 10011, (hereinafter referred to a~ the ''NDel ). and the Grow
America Fund, Inc., a corporation organized and existing under the laws of the State of Delaware
and having its principal office at 51 East 42nd Street. New York, New York, 10011 (hereinafter
referred to as IIOAFII) herein contracts to provide Small Business Lending as may be desired,
pursuant to the tenns and conditions of the attached Agreement, by and between NDC and the City
of Clearwater, Florida, a municipal corporation organized and existing under the laws of the State of
Florida (hereinafter called the IICity').
WITNESSETH TI-IA T:
WHEREAS, the City desires to expand economic opportUnity for residents of Clearwater so that these
residents may become economically self-sufficient; and,
WHEREAS, the City desires to encourage sustainable community development activities so that its
various neighborhoods can revitalize themselves; and,
WHEREAS) the City desires to establish a community banking partnership known as the Grow
Clearwater Fund to achieve these goals; and,
WHEREAS, NDC and its sub-contractor, GAF, are desirous and are willing to assist the City to
achieve its goals to expand economic opportunity and revitalize its neighborhoods; and,
WHEREAS, the City has selected the NDC and NDC with GAf has agreed to perform the services
set forth hereunder;
NOW, THEREFORE, the NDC and the OAF hereby agree as follows:
A. . GENERAL PROVISIONS AND RESPONSIBILITIES
The NDC and OAF, a wholly owned subsidiary of the National Development Council (hereinafter
"NDen) a national 501 (c) (3) not-for-profit corporation engaged in economic and community
development, intend to cntcr into a contract to create a self-sustaining community development bank
(hereinafter "Grow Cleanvater Fund for small business financing in the City.
~__ _ ~..__~~. .'.,"'L<,_. ':_'>.1.'" I.... l.'-...J._~""j "'H"'~. ,.
.' . ............. ~ . >
.......,..~~,.
..
. .,',' ~..
. L' .... . L.'\ T' . .. .. .... . _.......... ~,..' _ '. " <C,
The purpose of Grow Clearwater Fund is twofold: to create an econom ic development finance bank
which wilJ leverage the City's limited investment capital many times and make loans to eligible small
businesses which create jobs and economic opportunity, stimulate investment., or eliminate blight in the
target neighborhood; and, to use the net revenues to promote additional investment into or -to fund
additional community economic development programs in the target neighborhoods and/or for the
benefit of the CitYs low/moderate income target population.
. Under the terms of the contract, Grow Clearwater Fund \,,;11 be capitalized with equity funds provided
by the City (as described in Section C below). These funds will be used solely for roans within the City
which are sponsored by the City and which meet the purposes of job creation, increased investment, or
the elimination of blight as determined by the City or its designee.
Under the tenns of the contract, OAF will use its SBLe license (as described in Section B below) to
make SBA guaranteed loans sponsored by Grow Clearwater Fund, provide staff to operate Grow
Clearwater Fund in conjunction with the .Iocal staff provided by the City, and provide training and
, capacitY building services to enhance the ability of local staff to operate the community development
bank in a prudent and businesslike manner. Staff provided by OAF will perform the following services: .
assist in marketing the Grow Clearwater Fund program
assist in originating and packaging loans
obtain OAF and SBA approvals (as described in Section B below)
close, service, and collect loans
perfonn annual reviews of each Joan
perfonn the fiduciary responsibilities of the corporation
provide periodic reporting to the City
provide training and capacity building services to the local staff as agreed with the City.
In addition to making loans to small businesses in Clearwater, the intent of this contract is to create a
self-sustaining community development fund whose net returns revenues provide n long-term recurring
income stream to .~he City to fund additional community economic development activities as the City
elects. In other words, a preferred return will. be made to the City in consideration for its equity
. investment. For providing its services. OAF will be entitled to an underwriting, training, servicing, and
management fee as described in Section 0 below.
I'
!'
c.
I,
;-
B. GAF AND SBA GUARANTEED LOANS
GAF, an SBA licensed and regulated Small Business Lending Company (SBLC) entitled to
make SBA guaranteed loans to eligible small businesses, is the nation's only SBLC devoted
solely to economic and community development financing.
Under the SBLC license agreement, the SBA agrees to guarantee a portion of loans (typically
75%-80%) made by OAF to eligible businesses for eligible business purposes. Each loan must
be approved by the SBA. Upon approval, the SBA issues a uLoan Authorization and Guaranty
Agreement" which stipulates the terms and conditions of the loan.
GAF may sell the guaranteed portion of the loans into a large and active secondary market.
By selling the loans into the secondary market, GAF may recapitalize itself many times over.
The proceeds of the guaranteed loans which are sold into the secondary market will be used to
make additional SBA guaranteed loans in the City or, where appropriate, to pay the expenses of
managing and operating the SBLC and servicing the loan portfolio.
An SBLe earns revenue in four ways: first, it cams interest on the Wlguaranteed portion of the
loaDs whi9h are not sold into the secondary market (the retained portion); second, it earns a
servicing fee on the portion of the loans which are sold into the secondary market; third, it may
earn a one time premium for selling a Joan into the secondary market; finally, it will earn interest
on cash balances ("idle funds") which are not loaned out to businesses.
Under SBA regulations, GAF has a fiduciary responsibility to underwrite, approve, close, and
. service, and otherwise operate GAF in a prudent and businesslike fashion. In addition, the SBA
requires all SBLCs to follow SBA regulations and to use SBA documents and procedures in
making and servicing loans. These fiduciary responsibilities and SBA regulations cannot be
delegated or waived and they are hereby incorporated by reference into this Agreement.
c. CAPITALIZING GROW CLEARWATER FUND
As described in Section A above, Grow Clearwater Fund will be capitalized with equity funds
provided by the City and the National Development Council. These funds will be used solely for
eligible SBA . guaranteed loans within the City which are sponsored by the City and
neighborhood community development organizations and which meet the purposes of job
creation, increased investment, or the elimination of blight as determined by the City.
]. The Parties agree that GCF will be capitalized with equity provided by the City. These
funds will he used solely for eligible SBA-guaranteed loans within the City.
2. The City will invest $100,000 and NDC will match this amount to capitalize the GCF
program within sixty (60) day of the effective date of this Agreement. The City may elect to
invest additional equity from time .to time. Payments made under this section shall be made
by check payable to "Grow America Fund"(City of Clearwater, Florida).
,
---
-
,.
. ;'
, .\. '. ~ , .~ 1 '. '.- ,"'.
3. Revenues generated by the financing activities of GCF, including but not limited to, all net
interest earned on loans and cash balances (uninvested funds), servicing fees on the portion
of loans sold into the secondary market will be credited to GCF and used for program
purposes as described in Section D and E below.
D. RETURN TO INVESTOR
The GCF will he paid a preferred return on its equity which is invested in small business loans.
As of the date this Agreement, the preferred return is three (3%) percent. That return may be
changed from time to time at the sole discretion of GAF, but will at all times be the same rate of
preferred return as paid to other investors in GAF.
E. DISTRIBUTION OF REVENUES
Revenues generated by GCF activities will be distributed in the following order:
a. First, at the written election of GCF, to pay the "Return to investor" outlined in
Section D. Such return may be remitted quarterly to the City, or reinvested into the
GCF account, at the discretion of the City;
b. Second, the balance will be paid to OAF for the operation of GCF as a GAF
Administrative Fee.
F. DURATION OF AGREEMENT AND DISTRIBUTION OF ASSETS
1. GENERAL TERM
This Agreement will become effective upon its execution by NDC and GAF and shall
continue in effect for a period of at least three (3) years to permit the Grow Clearwater
Fund program sufficient time to develop into a functioning and successful program.
However, the City may direct NDC to tenninate this Agreement at anytime prior to the
expiration of three (3) years by mutual agreement. After three years, the City may direct
NDC to terminate the Agreement with or without cause by giving ninety (90) days prior
written notice to NDC of their election to terminate this Agreement. Without limiting such
right to tenninate, it is the present intent of the parties not to terminate this Agreement if
the administrative costs of the Grow Clearwater Fund program are being paid from
revenues generated by the program.
2. THE DISTRIBUTION ASSETS
Should termination occur GCF program assets (cash and loans outstanding to borrowers)
will be distributed and the Agreement will be closed out as provided under this section.
The "close.out period" is defined as the period beginning at the date of termination and
ending on the date of the last payment of principal and interest by the borrowers.
......
I'
.,
. ,
Upon the tennination of this Agreement, OAF will detennine the assets eligible for
distribution (hereinafter "Distribution Assets") which will be defined as the total equity
invested by the City less any loan losses incurred and any unpaid annual Close~Out Portfolio
Management Fee. The annual Close~Out Portfolio Management Fee will be equal to 2 1/2%
of the loan portfolio outstanding for the previous twelve months plus reasonable out of
pocket costs incurred in servicing and collecting the outstanding loans, but not less than
$5,000 per annum unless otherwise mutually agreed by the City, NOC, and GAF. This fee
shall be paid first from the interest and servicing fee revenue generated by OAF from the
Grow Clearwater Fund portfolio. If the revenues generated are not sufficient to pay the
annual Close~Out Portfolio Management Fee, the unpaid balance will be deducted from the
Distribution Assets. The annual Close-Out Portfolio Management Fee will be paid in
monthly installments. The pay-out of the Distribution Assets will be made to the City on a
quarterly schedule which is tied to the repayment schedule of the loans outstanding in the
Orow Clearwater Fund portfolio. The formula will be the percentage, in accordance with
this paragraph and 3(a)(b)(c) or (d) below, times the amount of Grow Clearwater Fund net
loan repayments received each quarter. "Net loan repayments" is equal to the principal
repayment received less the principal due to any secondary market holder(s). In the event
that the City's percentage of net loan repayments received is less than the amount calculated
in a~cordance with this paragraph and paragraph 3 below, then OAF will have no further
obligation to repay the City.
3. THE AMOUNT OF DISTRlBUTION OF ASSETS
In addition, GAP shall receive "incentive compensation" under one of the three methods
described below. The City will be entitled to all principal and interest payments and program
assets (cash and loans outstanding to borrowers) except as described in Paragraphs 2, 3 ( a ), 3
( b ), and 3 ( c ):
a. If GAF terminates the Agreement, or if the City terminates the Agreement and total
GCF loans are less than 100% of the equity invested, OAF will not receive any
incentive, compensation. The principal and interest will be returned to the City as they
are paid by the borrowers, net of the C[ose~out Portfolio Management Fee described in
Paragraph 2 above.
b. If the City tenninates this Agreement and has invested equity in excess of $1 00,000 and
total GCF total loans exceed the amount of the equity invested, then GAF wiU receive
incentive compensation in accordance with the following fonnula:
· If the loans under GCF are less than 200% of the equity invested, GAF's
incentive compensation will equal 10% of the equity invested and be paid from
servicing fees and debt service payments mnde by borrowers.
"'''''''''R.lli-:J~~i,:...JL~,'4~;*,,~~J-\ ,d" ..
..'F_~~"r.'''''-*'''C"'L~'''.''''''' '. ......' ..~.....,...' ~~ ". . u....~.~~..,.. .
\ '<. r, ..:.
-
,.
,
, ..<.,,:..,,,
.c" .,"Jo.'.'
" ,. ~. .. <',
. If the loans under GCF equal or exceed 200% of the equity invested, GAF's
incentive compensation will be 25% of the equity invested and be paid from
servicing fees and debt service payments made by borrowers. .
c. The City shall not be obligated to make payments to GAP beyond the equity
invested into GCF.
G. OTHER TERMS AND CONDITIONS
I. Compliance with Law
GAF agrees to comply with all applicable federal, state and local laws in the conduct
of the work hereunder. GAF accepts full responsibility for payments of all
unemployment compensation, insurance premiums, workers compensation premiums,
aU income tax deductions, social secUli~ deductions, and any and all other taxes or
payroll deductions required for all employees engaged by GAF on the performance of
the work authorized by this Agreement. .
2. Modifications
,
This Agreement may be amended at any time by a written modification.
Modifications which affect the rights and obligations of either party shall be executed
by NDC and OAF with approval of form and content by the City.
3. Right to Audit
The City shall have the right ,during GAF's nonnal business hoW'S for the duration of
this Agreement and for a period of three (3) years after final payment or tennination of
this Agreement, whichever is later, to conduct the following audits at the OAF office:
8. Audits of OAF's performance of services under this Agreement.
b. Audits of books and accounts maintained under this Agreement.
Such audits shall be performed either by City personnel or by an independent third
. party whom the City may employ for the purpose of making such audits. The City and
. GAP shall establish procedures for performing such audits and shall preserve the
confidential and proprietary status of audited documents and infonnation. GAF will
not required to relocate records form their noimal location. OAF will provide copies
of GCF records to the OCF local office upon request.
~
j.
: ~. ;~c' "."..' c.~'
; c
"t",,:,,~.. .o;'J;''\~''::~'':,;':.::..'_~~~n.....-''~'':::c.~'''''' ...t r"' .. .>.... 'j. . '.. . ,.
. ..... ~~_....---.-
4. AsshJnment
Neither this Agreement nor any rights, duties or obligations described herein shall be
assigned by either party hereby without the prior expressed written consent oft e other
party .
S. Severability and Waiver
This Agreement incorporates all the understanding of the parties hereto and is
incorporated into the contract by and between NDC and the City of Clearwater.
If any provision of this Agreement is held invalid, the balance of the provisions of this
Agreement shall not be affected thereby if the balance of the provisions of this
Agreement would then continue to conform to the requirements of the applicable
Agreement.
'. Any waiver of the tenns and conditions of this Agreement by either of the parties
hereto shall not be construed to be a waiver of any other terms or condition of this
Agreement
6. Constnlction
This Agreement shall be construe~ interpreted, and the rights of the parties
determined, in accordance with the laws of the State of Florida
.'
"_~;d,h,,~(.;"mw.w,,,~Jo\'"'--""~
. ~ ~""~..""'''''-~''.;.''''''~.I4''''''''_'''''''4~l.''''''.W~'~'''''lIn~\'''''''''''''.. .. _~ . T
":':' >.
,.
'.
,<
......',:. > ~p. :.:d: "; "\:,~:.~.."::'<~~~'~'~:-oi':\: .../,'~:p ":!;'~~~.j.~'n ~;'~'~~1 ~: ..~,;, "'''''_-4,. ~l. ... t ~< 1.."-'
.,t...
'.cl-
ct;
.:, ~
" .
., ..~~ ..:.... '.:' 'c.
. '
. 01 ,. ". .
. ','; ..' c
ThI.WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first
. written above.
. Countersigned;
Rita Garvey
Mayor-Commissioner
. t\pproved as to fonn:
John Carassas
Assistant City Attorney
A TIESTED
A TIESTED .
ACKNOWLEDGEDMENT OF THE TERMS BY
CITY OF CLEARWATER, FLORIDA
By:
Michael J. Roberto
City Manager
Attest;
Cynthia E. Goudeau
City Clerk
AGREED:
<:iROW AMERICA FUND, INC.
Robert W. Davenport
Chainnan
AGREED:
NATIONAL DEVELOPMENT COUNCIL
Robert W. Davenport
President
J
r
,.
.
fR 1--
Clearwater City Commission
Agenda Cover Memorandum
Item #:
3~
Meeting Date:
October 16. 1997
SUBJECT: Special Event Co-Sponsorship
RECOMMENDATION/MOTION: Confirm co-sponsorship and waiver of City fees for special events including
Jazz Holiday, Fun 'n Sun, Fourth of July, Family Holiday Traditions and Parade, Turkey Trot, North Greenwood
Street Festival, Martin Luther King Jr. Parade, Memorial Day, Clearwater Pass Bridge Run, Saturday in the City, and
one new event, the Military Appreciation Day, at an estimated total cost of $188,396 ($69,720 representing cash
contributions and $118,676 representing in-kind contributions), and authorize event sponsors to approve vendors.
00 and that the appropriate officials be authorized to execute same.
SUMMARY:
· City Commission policy regarding special events states: /I All fees and related charges will be waived for City-
sponsored or co-sponsored events; i.e., Fun 'n Sun, Jazz Holiday, July 4'h, Turkey Trot and Martin Luther King Jr.
Parade. There shall be an annual review of City-sponsored/co-sponsored events during the budget process. An
agenda item confirming co-sponsorship and waiver of fees for these events approved in the budget will be
brought for City Commission approval at the beginning of each fjscal year. In the event additional money is
requested beyond what is included in the approved budget, City Commission approval will be needed before
said additional funds are dispersed. It
. This agenda item is provided in response to the above policy. Should additional money be requested beyond
the "cash" contributions approved in the budget, City Commission approval will be fl~quested. However, "in-
kind" contributions are estimates and specific costs are not known until after the events are conducted.
. The attached chart shows cash and in-kind contributions that were provided to last year's co-sponsored sper:ial
events as well as contributions budgeted and/or requested for 1997/98.
... The total cash contribution of $69,720 is included in the City's operating budget for 1997/98 under "non-
departmental expenses".
"In-kind contributions" are included in operating budgets under various departments.
Reviewed by: Orlgln.Ung Dapartm
HH~1CE:p~'::.;'4fR.~r. il"
Lege! 1iwmf:r;:tTA'r;Hii;m
Budg., !i::::::;., .... ,::i::;:
~~~:~ ::;~:~;:::: N1A.::;;:~::;: :j~j~jf:;~:~jWd~t:~
18 i!!!EE!;!N/A::!'m~t
ACM l;';::;;i!'i;:!im':i;;,;'i;;
adMr H]j~~li:~!'~\:::!%!! Adwrtlaed:
\;~~~~~! !;~;: ;:,: :~,] i: j: 1;:;::~.: ::l~j :j:;:: :[:: :;:; :~;;:: ~,j:.
~~1!;;H~::~H:.{.::i::.:~~~~)~;( ~:::~:: :;:~ f~.~<'::;:..~ ::.
"P,,"'::,:.!;,::;},:))i,::':::,'.,: '.::.::':::.:-' \.:-
o NoC Requlr.d
Affectod Partin:
Costs:
Commission Action:
, $168,396
Total
o Approved
o Approved w/Condltlons
o Denied
o Continued to:
Current Fiscal Year
Funding Source:
DCotpll.llmpro~rmtnl,
1!1 Oprr.UnBt
o Olhrn
Attachments:
1. Chart of events
City Man.OM
W Printed on recycled
Appropriation Code
010-1.07000-5810 ($69,720)
Departmental Budget. ($118,676)
Submitted by:
o NotlfIGd
IJ Noc tMquhd
....... ....."... _..."'__n._.'.._______.---=~~ ...>.......~......~+- . ....
00
~
~
fi1i;j
Q
~
00
z
o
~
00
I
o
U
~
Q
~
o
C'I.)
:z:
o
~
r:t.:l
~
U
. \
..' ..': I.' . ~ :. ~. OJ'; . ~ '
,.
..
~ 0 ~ ~ C ~
~ ~ ~C m ~~ 0 II) "C~ ~~
l3 'c 0 .-.... :: ~ ~ ~ ~ 15 ... {3 2 :;: III
~~Q)~()"C ;; ~u ~ w B ~~ c~
~I-~~~~ ~_Q) ~~i I-~Q)~~ m - ~ ~() 21ll(ij"C
"C . Q) > ~ ~ ~ l'\l iii ~ Q) - Ill~. 8!2' "iii 'C C
Q)~Q)Q)()U "C "C~~E ~~~o. Q) II) III _ :::&:::>ol'\l
~"C'm~~ Q) Q) Q)~ ~s~g ;; ~~~ II)E ~~El!!
Q) I!! 0 0 ~ w ~ U .5 ;; II)Q) (0- 0 l'\l 0. C 'E Q) > . C,C;!: 0 Q) Q) ii)
:=Ill~~~~ Q) m~ m~~o -~~Z"C~2~ C)~EQ)
Illa.~--II) := ~~>'Q) 'Q)~iJo "C"C_IllC_~Q) C _..c:
Q)Q)llI....lllQ) III ~S~;;~;;N~~ 2~1lI~IlIO'~.c: ~Q)lI)u
- .c: ... .2 Q) 't:I Q) III 'C 0. fh Ill. nl ,r::: en II) II) 0 0.... . III 't:I Q) ....
o.o-Q)>_~2m - ~~Q)"COC o.N Q.1ll__t:Q)-~~~mEo
~....~ 0. _u....CW-'t:I - 'iJ~-- o.'t:I-~C~Ill.c:
Q) Cl 0 C .- III O. ~ & :7l III 0. i wE :u ~L_:j: II) ~ ~Q) B 0 C !2' fa 8 [Cl:O:
o.s"CoEo. Q)~Wll)c~o.... o.~"C~~Q)uCOIll~m _~~
o~w'CE~ ~$(ijoowO[a~llIQ)o.~~c8q:::&:::t:c~cu~
gTI~~8S omng~EquQ)~"CZwBllll!!lI)g~s-~~mo
gg~~w~~q~&d~ig~ifh{3~lc~~~-~i~!~m~
=~8=;;o~~cen(O-llli~[l!!I;~wl!!~E~i~Ill!-~~O~
~~ ~~i~i8~f~c~~Q)C)Ill~o.~g~so=E~~Q)nl~~
iii ~ ~ ~ "C ..: 'C iii l!! "C III Q) c B g-,c.5 - w :3 E III co - '5.. 0 c: :e 'C ~ ~ . E
EC:~II)~~~E~~E>SC:Q)~~C:Uq-~~CIllII)OIll~Snl~c
.- .,. Q) 0 c;:: 8 ~ ~ ,- Q) ~ nl 0. ' Q) ~ c: - . >. w w> m .... ~ 0. ~ ::: .9:! 0 ,-
:j:1I)1I)Q) ~woXQ)-'t:I 11)11) l!! 0)- wll)~o -() III
11)--_11)11) lI)o~O ~ _-Q)Q) ~'t:I~~Q) ~Q)oQ)E Et:
Q)~~"Cg~iQ)>.~~mo~o~""~~ol!!Q)~~;;C~N~"C~~2
c>>Co.'()-1lI5co~l-o.,c2:=~>il-.c:c~<(co~9~c()Oc~l-oc3WC
<(Q)Wl'\lll) u_"C co~~llImw.... C o.>wl-o w_ Ill~OQ)
!
~
00
0'\
r:::
0'\
c.
~
tn.
~
:;)
0'
~
~
E-
~
a
@
=
:z~
o~
~5"
~~
o
u
o
~~
(::~
~!.,.
u~
o
u
.....
~
0\
..J
~
(J
<.
:z:~
o eo..
. ~ ~
If
o
u
z~
o ~.
-~
=!;.,.
~.~
o
u
'~
~
E:i
..J
:s
u
~
t:loo
en
c
~
en
.c
C
::J
U.
o
N
q
-
(")
U)
o 0
o 0
o 0
o Lli
- N
U} fh
o v
o -
v co
o a)
(") N
W W
o 0
:3 8
d Lli
_ N
fh W
>.
'3
...,
-
o
€,
~
o
U.
an
o
<'1.
-
(")
U)
~
N
co.
co
ffl
~
o
~
co
U}
>.
ttI
;g
(5
J:
~
...,
't:I
C
l'\l
II)
C
o
~
:c
~
>.
III
:2
(5
J:
>.0)
r;::"C
E l!!
l'\l 1lI
u.~
--~_......,
m
m
.....
,..:
ffl
(0
~
~
-
ffl
(0
~
co
cD
w
(0
en
~.
.....
w
e
I-
>.
Q)
~
~
i
l/'J
"8
o
~
~ ~
Cl-..J
€~ '€
o l3 III
z~::e
o
;g
~
~
o
~
(")
Lli
w
(0-
o
(0
ri
U)
o
~
~
cO
w
-.
-
~
~
(")
Ii
Ol
o
"':
.....
fh
v
-
-
Lli
w
v
(")
v
(")"
€I)
o
o
o
Lli
w
W
't:I
l!!
1lI
~
C
~
a:
0)
Cl
"C
'C
m
II)
II)
III
~
...
Q)
~
nl
Q)
C3
>.
III
C
C
o
:.;::;
co
'0
~
0.
a.
<(
~
~
:E
..:
-,
Cl
c:
2
1;
()
Q)
;;
.5
>.
co
-e
~
l/'J
-
c
Q)
Lij
>.
nl
CI
iii
'C
o
E
Q)
~
...
Q)
.!!i
c
Q)
>
Ql
Ql
.c
-
Ql
u
~
Ql
III
to 0
....-
fD
aiJ!!
.... c
.... Q)
f,l)E
1::
ro
0..
Q)
'C
~
c3
>.
c.c
~'O
m~
~'>
~
0..
l!:!
CO
+-'
CO
;i
.B
0; Q)
~vi
c c
_,co
f,l)U
:s
u
Q.I
Qi
vi
Q.I
W
>.
o
~c.
.... E
~~
m
a.
~
w
u
IE
o
.~
'0
Co
....
o
Vi
8
III
Q.I
'C
:;,
u
.E
1Il
i!
{!. .
CI)
2S
~
11
[
III
~
~
j
~
ll.
~.
r, ',~"
i'
. .
", \ ,
. :. ~ c
jl;:' .'.~"::.(':' \:'l:.:::;;~'~} ',:,' .l\\Y.::':);'.:i:~~':~?~:~>:Yl:!~I:f(N~_~~:.;~\1 ;i,"':''''::, :",~ ;~~,.\:;':'.~. .; ;:. :": ,.'.' .
I'", '
30 '
-r u.. V,YUL\M 0
o
Interoffice Correspondence Sheet
From:
. Cyndle Goudeau
. Jean ~jeff Kronschnabl
O.ctober 1U 997
Military Appreciation Day Budget
To:
. Date:
RE:
: ~ . .'
Per your request, attached please find a budget to date for Military Appreciation Day
event expenses and anticipated revenue. Balance needed Is $46,150.
. 'j
, .
(,. :
'. ,
.,
"
p.-......
~.~.........~....-...~~.~.k.!-r.l~_~~..::.=~~~~~.:~_~~... ~~.~f.f~~.~~ ~.\',I:JI! :':i~ :.lI' ",\~' ~.\('~. '.~ ",r.. ...~Jrii,'tt;!t"''7Pi...'~,'J A
".H:.~}I'l.i1...h~. .s.'~..f.}';.~~-........... r"'l .
..
. I
.~ , c
: '.i:,", :c~.
. .
,..; " " ,. ':\. '. ~~ \' . :;:':,~",. ".--:"_:: ...,.~ "c .:~.. h,... ... .." ,....:. . -' .:".; ~ '., .
MILITARY APPRECIATION DAY
Budget
October 14, 1997
Item Descriotion
Estimated Budl!et
1. usa Show
$22,750
Inclusive of 17 piece .Tommy Dorsey Band
and vocal acts, food, staging, set-ups, invitations,
tickets, programs for 500 attendees
'.'
2. Sand Key Water and Air Demonstration Show
$10,000
Tents, staging, sound equipment, fuel for Phantom
Airborne Brigade, banner, jumping batons for
presentation, flag handouts, schedule of events!
program
. 3. . Fun Run, Pier 60 Fun Games, Motorcade
and Memorial Ceremony
$ 1,000
Staging, entertainment at Pier 60, motorcade
se~upsatF.Uubonnew
4. Awards I Recognitions I Prizes
$ 6,000
s. General Promotion
$28,000
Street Banners, military adv~rtising, local
advertising, press materials, coJJateral materials,
discount coupon books, direct mail, postage,
. .signs andmiscellaneous print materials
TOTAL
$67,750
Note: Through creative management and project realignments the original budget of
. $75,000 has been reduced.
- . ; \ ~.:
,.
I'
,'.'.i.'~:";~(~";'.":.. ;':;II.:::!~..'\\:'/:~~';~'\",,",,tu;,,:;,,,,,,,,'r'J~:.: " ;.~., ,~..~~..~. ,:/'rr,'.' ,""','
Revenue
1. Sponsorships
. usAA
Hooters
Honeywell
Walgreens
'.
*Jess 15% for
fundraising
commission
$ 5tOOO.
2t500
.1tOOO*
1.000
$ 9t500
- 900
$ 8,600
2.... AntiCipated ticket sales 512,000.
(250 sold to date)
3. Anticipated additional
revenue from vendors
Total Revenue
Expenses
1,000
521,600
$67,750
Revenue - 11.600
BALANCE NEEDED $46,150
_ ._.__ _ ~_.....~ ....__...!.......~ ,O-._.~I'..."'''''.......''-. ,-h- ,. ... ~ T'" '\__~___'o-._.I;t:<~__.... .........____.0<"<-.1 ,,~U ,I ,
< _-,-I
Check received
Committed
Expected confinnation on 10-17
Committed
(if300 sold)
I'
. .>.':"...
RESOLUTION NO. 97.56
3~~
A RESOLUTION OF THE CITY OF CLEARWATER. FLORIDA, ASSESSING THE
OWNERS OF PROPERTY THE COSTS OF HAVING MOWED OR CLEARED
THE OWNERS' LOTS.
.
WHEREAS. it has been determined by the City Commission of the City of Clearwater that.
for the purpose of promoting the health, safety and general welfare of the citizens and residents of
the City, real property within the City should be cleared of weeds, rubbish, 'debris and other
noxious material; and .
WHEREAS, notice pursuant to Section 20.38. Code of Ordinances, was provided to the
owner of each of the lots listed In Exhibit A, and the notice required each property owner to cause
the violation to be remedied or to file a notice of appeal within 10 days after the date the property
was posted; and
WHEREAS, the property owners have failed to take remedial action within the time
provided and have failed to file a notice of appeal within the time allowed, or appealed the notice
of violation but failed to take remedial action within the time provided by the Code Enforcement
Board, and it became necessary forthe City to take remedIal actIon; and
WHEREAS, the owner of each lot listed on Exhibit A has been provided with a notice and
opportunity within which to pay the costs and administrative charges set forth on Exhibit A, but no
payments have been received; now, thereforet
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The City Commission finds the preamble hereof to be true and correct.
Section 2. The City Commission hereby assesses a lien upon each parcel of real property
listed on exhibit A for the actual costs of mowing or clearing, plus administrative costs, as shown
on Exhibit A
> . Section 3. The City Clerk is hereby directed to prepare a notice of lien against each
property listed on exhibit A and to record the same in the public records of Plnellas County,
Florida.
PASSED AND ADOPTED this
day of
I 1997.
Rita Garvey
Mayor.Commfssroner
Approved as to form:
Attest:
5;-.:~'--
John Carassas
Assistant City Attorney
~
~
-J
Cynthia E. Goudeau
City Clerk
Resolution No. &7.M
",.",
/'
,.:r: :~~.," ~>.l:~
~''''I A"", .41,..1'-''':..''-..+.' 1~\ :.....~)~1..--.........'dli.~...... ~,.. ........
..,'1: ,.... . . "
'3Q Q.
M E.XHlJIIT A M
ADMIN
PROPERTY OWNER LEGAL DESCRlPTlON gm CHARGE TOTAL
711AN1
Lcta Blocker, Est. Grnnwood. Park #2 120.00 200.00 320.00
clo Fred Wilder Block 0, Lot 11r. 2
Angela I Glidden Greenwood Park N2 ]20.00 200.00 320.00
Block a:, Lot 1,1
8/5PJ7
Lcla Boykin Est Sprinaftcld Sub 'No.2 ] 20.00 200.00 320.00
Einlteln Boykin Block 2. Lot 5
John C Ciardner Spring6eld Sub No. :2 3917.30 200.00 4117.30
Block ". Lot 6
Treulc Blair AvondaJc Block C. Lot 13 120.00 200.00 320.00
Alben Jaquler Ell MarylllOd SUb t S.2S 120.00 200.00 320.00
BJodt Bl. Lot 4
Ann Priddy and Brookhl1I Unit 2 120.00 200.00 320.00
Ralph OlaPfta\e Block M. Lot 4
Don W Eicher In Northwe$t comer of Madison A V 120.00 :200.00 320.00
and Woodlawn S~
8121197
Home Savings of Ameritl Eastwood TCI~c 3M Add.. 120.00 200.00 320.00
Block E. Lot 22
9/!197
James M ltumPhn:Y Gulf to aay OArdens 120.00 200.00 320.00
Block 0 Lot 9
Catherine Moses Mason',. A 120.00 200.00 320.00
Vale.rlo Davis Block 0 LDt:1
Jame. Brooks Jr Llntoln PIAco 120.00 200.00 320.00
CI~ Summons Block 2. Lot 6
Maudo Williams &t PalmParlc 120.00 200.00 320.00
J L Johnson Block I, Lot 2
"_________J
3q G\.
. ;:,,~: \t~ .", .
." . it
\ ,
,
( .
, , .
I ;
> 'j"
. . . .
;.. '. .' ....
.)<,.',,' "
.oo::'.~.t'.~~~l:"':{"';'r"~...:;? .,~~~ :';.,-: :": .,',~ ~ T:! '.'.;'";:\':'~) h~\H.""",,:. ~i",,'.~ ~~,",,".......,..~_,,:.~. ~-...., ",.. ..., .-,... .",.~ J h"-'-""'. _ ,.
". ,"
Marie Wigfall Ett Lincoln Place 120.00 200.00 320.00
. do AudRy McBee Block 3. Lot 4
W S F Trust 1/6190 Lincoln Place 120.00 200.00 320.00
Block 4. Lot 14
Nlkala Karpof Pine Crest Sub 110.00 200.00 . 320.00
Block 8 W$O' ofB97' orLot 1
Sarin Realty Corp Block 420, Lot 9 545.10 200.00 745.10
.'
~'.i. ~
, .
,.1"':
. '.
l .
',"\
." "..
..f
-,'
~,: " .
, l ~ . .
. ..
'~~..' .'.
. ,
c:'" :
. "
,
,..
.:.:1.
,.,
. ,
.'. ~
'....
'.
.1"1.
. ,
,.-. >
...'1. .
, .
If'
"
.~. .
, .
h'___'_'_H~"'''''L''''_'''''-'''' ."< .
',T ...L....~rr----:-.~.........
"'-_II....~oI.-~...~~~,~:!:"~_fII......~<+'_.~/,...............--
'1
:" .
l'
~
.
. T~'" \ .
~p' C .
. , :. ':.. ~ ;, . ~
". .~. .;"-:.:'l,...,.......r -t"""~ '.=- "-' .,..~...,..I, -t.~~..<, . c t ~.' "~,'
L\()o--
ORDINANCE NO. 6206~97
AN ORDINANCE OF THE CITY OF CLEARWATER.
FLORIDA, RELATING TO SPECIAL EVENTS; REPEALING
SECTION 6.30. CODE OF ORDINANCES. TO DELETE
THE PROVISION REQUIRING CITY COMMISSION
AUTHORIZATION FOR THE SALE OF ALCOHOLIC
BEVERAGES AT SPECIAL EVENTS; PROVIDING AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER. FLORIDA:
Section 1. Section 6.30. Code of Ordinances, which reads as follows. is
hereby repealed:
Sec. 6.30. Special events.
The city commission may.authorize the sale of alcoholic beverages at special
events for which a permit has been issued by the city manager in accordance
with the provisions of section 22.81 et seq.; however, no alcoholic beverages
shall be sold or consumed in any location where prohibited under the terms of
section 6.31.
Section 2. This section shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Rita Garvey
MRyor~Commissioner
Approved as to form:
Attest:
Leslie K. Dougall-51 e
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance 6206-97
~
-
-
.\
."
~ .'.'
. "
.'r,'!":"';""b,:~'C~...r~iJ~.~'.;.'~'\\X '... ;'.;{,;'", .",: ~,~I .
Lll
MEMORANDUM
FROM:
Honorable Mayor and City Commissioners
f "'i\
Pamela K. Akin, City Attorney
TO:
RE:
Skowronek v. City of Clearwater and John Smith
DATE:
October 141 1997
Former Clearwater Police Officer John Smith has been named and served in the above-
mentioned case. Pursuant to Clearwater Code of Ordinances Sections 2.031 through
2~035. Mr. Smith is entitled to representation by the City in the lawsuit. This
representation may either be by the office of the City Attorney or by private counsel when
the City Commission determines that representation by the City Attorney would be
inappropriate or that a conflict of interest exists requiring private counsel.
The City of Clearwater has an extensive legal history with former Officer Smith. The
Legal Department has represented and advised the Police department in disciplinary
action including terminations of Smith. I recommend that we provide outside counsel for
Smith based on conflict of interest. I have contacted three qualified private attorneys who
are willing to undertake the representation at a reasonable fee. It is my recommendation
that we allow Mr. Smith to choose his counsel from these three attorneys.
PKA:jmp
Copy to:
Michael J; Roberto. City Manager
Police Chief Sid Klein
A M
t'
" .'
y 3~.
RESOLUTION NO. 97-58
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA. REQUESTING THE PINELLAS COUNTY
LEGISLATIVE DELEGATION INITIATE LEGISLATION BY
SPECIAL ACT TO PROVIDE FOR THE ANNEXATION OF
CERTAIN ENCLAVES EXISTING WITHIN
MUNICIPALITIES IN PINELLAS COUNTY; PROVIDING
FOR TRANSMISSION OF THIS RESOLUTION TO THE
MEMBERS OF THE PINELLAS COUNTY LEGISLATIVE
DELEGATION AND TO OTHER PERSONS AS
DESIGNATED BY THE CITY COMMISSION; PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the presence of enclaves of unincorporated property within the
boundaries of the incorporated municipalities of Pinellas County results in an uneven
delivery of municipal services and a confusion of how governmental services are
delivered within Pine lias County; and
WHEREAS, the funding and delivery of government services could be more
efficiently and logically' provided if large numbers of small enclaves were eliminated
when such enclaves are of three acres or less in size and are included entirely within
the jurisdictional boundaries of a municipality; now, therefore,
BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER. FLORIDA:
Section 1. The City Commission of the City of Clearwater requests the
members of the Pinellas County Legislative Delegation to pass a special act during the
1997 session of the Florida Legislature for the purposes of providing for the annexation
of certain enclaves of three acres or less in size which are entirely contained within the
boundaries of a municipality into the incorporated area of the municipality by ordinance
after the municipality determines that it can provide urban service to the area. Further,
the annexed property shall be required to connect to sewer services within three years
of annexation and the municipality shall be required to pay no more than one"half the
total cost of impact fees for existing structures.
Section 2. The City Clerk is directed to provide copies of this resolution to the
members of the Pinellas County Legislative Delegation and to other appropriate
government officials as is directed by the City Commission.
Resolution No. 97-56
~i_'fL ...'.....ri(.\..:l:~..'~." i.;I.'l'''~'fI<''''''I''''''''''''.~C ."
,h__,~.. .~..... '" ......<.1..,..,. . .....
,~.. ,. y 'c H_ .
.. . -. . ~ .. _..~,
,.
-~
.~ c.'
, .
I'
\". ",' .
.. .
. OJ
" -
, ~ ;
~..., "~".;,:i/' ,,:~:.:::~.~".:~';'';~~h~j.;'ii'~;;' ;r':\:.~':\.o/~:~rt.""">.,,,,,.,.,: ."-. ." .r..:.. ...._.r .~'" 'H, ".,..,,, _ .
Section 3. This resolution shall take effect Immediately upon adoption.
PASSED AND ADOPTED this 161h day of October, 1997.
Rita Garvey, Mayor-Commissioner
,j ,
Appr9ved as ~o form:
Attest:
: '
Pamela K. Akin, City Attorney
Cynthia E. Goudeau, City Clerk
., .
> .
., '
,.' ,"
r: ',1
.~~ / -:.,.
, "
i.CtJ
'n
. , .
I,
., .' '. I ~ c.' ' :
"
"
.... .
"
f~. ,
, ..
I
,
, .
~ ",
r ,.
.... ,.,
~'." L
.' .
~ ( . . . .
..... ~. '
.'.:,;'.c
2,
Resolution No. 97-58
,
":', .
.~ " ,
. ".-
-.....t.___ _~~~. -.... '..'~,~~:'".".." ,..;', . - -.--._,~. 4_
~""~ . . ._ ___,~~,_1~~~ . .'~ .. .-:~'. J I "":,,~-~~n."'~"~""-~~""'~"'~'-"~IT:"~~'~_." .
r-
~
. f :' ..., J'~ .' t ..,
'. c.....t...,..
_ , 'l~ ". , ,
L/3 C-
MEMORANDUM
COPIES TO:
COMMI~~tm\J
OCT 1 5 1997
TO:
FROM:
Honorable Mayor and Commissioners
'JUt
Pamela K. Akin, City Attorney
"'hl......~
CLERK I ATTORNE'
RE:
Annexation and Creation of Enclaves
DATE: .
October 10,1997
During the discussions of the proposed annexation legislation, a question was raised
concerning how long cities had been prohibited from creating enclaves.
Section 171.044 F.S. dealing with voluntary annexation and prohibiting the creation of
enclaves became effective on October ,1, 1974. Enclave was not defined.
In 1980 the Attorney General opined that the "... section merely contemplates prohibition
of enclaves of municipal territory and does not purport to prohibit enclaves of county land
within municipal territory..." Op.Atty.Gen.080-84. This was the only authority until 1985
when the 4th District Court of Appeal in City of Sunrise v. Broward County, 473 So.2d
1387, held that annexation of property which results in the creation of enclaves,
regardless of whether the enclave consists of incorporated or unincorporated property
frustrates the purpose of the statute. In 1986, in City of Tampa v. HiIIsborough County,
504 So.2d 10, the Second District agreed with that analysis.
In 1993, the legislature amended Florida Statutes 171.031 to add subsection (13)
defining enclave. That definition made it clear that an enclave is unincorporated land
enclosed within and bounded on all sides by a single municipality.
In sum, prior to 1985, the statute had been interpreted as prohibiting enclaves of
municipal territory within the County not unincorporated territory within the municipality. It
was not until 1985 that there was a court opinion to the contrary. In 1993 enclave was
defined by statute, resolving the Issue and prohibiting of unincorporated territory within a
municipality.
PKA:jmp
Copy to:
Michael J. Roberto, City Manager
__J
"
: ~~ .
j:1'1\.l[):'[~~~~~~~~~"~~~.~~;~:~;~~~J;,P~~i~~':f~.*;:~~~:~'~~~'~~;~;:: :;~i::":~
CITY 1996 # of Units I;:';;>.;:i": 1997 # of Units % of Change
I:,.:.::::,
Apr $ 121,899.00 aa ...n ..... $ 128,380.00 93 5%
. . . H.....
..::.:<(:....
Clearwater May $ 90,900.00 71 .... .... $ 110,740.00 74 22%
... .......
........ ..
Jun $ 79,002.00 74 ... ..... $ 94,131.00 74 19%
July $ 92,657.00 72 ...... $ 110,100.00 68 19%
.............
AU(1 $ 68,136.00 67 P'. ....<.n $ 94,365.00 69 38%
Apr $ 335,720.00 133 :;::~:~~~;~:~~ $ 340,444.00 132 1%
Clearwater Beach May $ 224,726.00 122 .......,....... $ 261,649.00 121 16%
Jun $ 217,857.00 127 $ :.:!24,207.00 125 3%
: : : ~ : : ; ; ; ~ : : ; ;
July $ 237,945.00 129 ...... ...... $ 263,282.00 122 11%
....d.n~...
$ .d........ .
Aua 215,265.00 119 ::~~}:: :~.: ::'; $ 235,267.00 123 9%
........ .
City of Apr $ 457,619.00 221 . ...>>... .. $ 468,824.00 225 2%
.: ~:: :.".;.; ::.:
.: :.:: ~<:: :'.:::.
Clearwater May $ 315,626.00 193 $ 372,389.00 195 18%
...>..... 0
Total Jun $ 296,859.00 201 . . . $ 318,338.00 199 7%
. ....,.H ..
July $ 330,602.00 201 < ~'.;;: : . ; : : $ 373,382.00 190 13%
Aua $ 283,401.00 186 ;].::.:::;';'j1; $ 329,632.00 192 16%
... .. ud .
Apr $ 38,726.00 80 .. ... ..... $ 36,108.00 80 ~7%
..' . ~ " .
Indian Rocks May $ 22,779.00 56 . .. . . . . . $ 26,718.00 61 17%
..
. ..... ....>
Jun $ 24,649.00 58 ........... $ 30,122.00 22%
...... . .63
,.... .......
July $ 28,696.00 55 ... ..... $ 35,013.00 68 22%
...... .
. . .......
AUlJ $ 22,660.00 54 ::....<:: ". $ 27,224.00 67 20%
Apr $ 337,637.00 92 .. .. .. $ 343,088.00 91 2%
.. .......
St. Pete Beach May $ 229,761.00 69 ........ .... $ 267,210.00 77 16%
Jun $ 205,726.00 72 . .... n... $ 217,969.00 76 6%
July $ 224,016.00 72 ..... ... $ 248,532.00 73 11%
.... . ..
AUQ $ 112,596.00 60 ....... . $ 227,126.00 70 102%
.... ..
Apr $ 136,172.00 145 ::,:. :,:::' $ 141,810.00 154 4%
St. Petersburg May $ 107,39B.OO 120 .:0: $ 120,554,00 134 12%
:::' ;:.:
Jun $ 99,007.00 123 /,.;:~: H,\ $ 102,154.00 129 3%
July $ B9,965.00 123 $ 97,106.00 117 8%
">:,<:;
AUQ $ 75,878.00 111 ':'..: ';::. $ 84,603.00 118 11%
i .; :.: ' ; : ; : ; : ~
Apr $ 110,982.00 104 $ 101,486.00 99 ..9%
Treasure Island May $ 67,318.00 89 .. $ 73,391.00 91 9%
. : :;: ~. :, :;:
Jun $ 62,567.00 90 ,<>..:: $ 65,509.00 87 5%
July $ 76,360.00 96 ; :. $ 78,058.00 90 2%
.. ..
Aug $ 53,592.00 88 .. $ 67,719.00 91 26%
. ..
I
A ~ Is a vacation lodging facility (hotel, motel, bed & breakfast, etc.)
City of Clearwater, Tourism Office
(813) 562~4017
r--- . ,
"
,
. "
.. ~ ".. . .
, . , ~.::. .... .... . ~ ...., , :' ,>> ~ ,r c"
I
\I
.1
\
I
,
i
!
,
I
I
To:
Vice Mayor Johnson
Commissioner Clark
From:
Commissioner Hooper
Commissioner Seel fLA.:
Mayor Rita Garvey ~
Michael J. Roberto, City Manager
cc:
Date: October 10, 1997
RE: Winter Olympics in Nagano, Japan
tJ "J :. i)
I .
>
~
II.
o
-
o
Interoffice Correspondence Sheet
COPIES TO:
COMMIS~lnN
OCT 1 0 1997
P!-u;;:,;:l
CLERK I ATTORNEY
The City of Clearwater has the good fortune to be able to have a Clearwater, Florida/Nagano,
Japan Sister City Hospitality Center during the 1998 Winter Olympics. The Center will
showcase Clearwater, Tampa Bay and Florida - our environment, our tourism opportunities
and our economic development opportunities. The production of the Center has started. The
Media opportunities are being developed. The training for the volunteers has begun.
Everything is on a fast track thanks to the work of our City staff and Total Event Management,
our contract program management.
The ClearwaterlNagano Hospitality Center will be open from January 31 through February 22
and will be staffed by our trained volunteers. I expect ( will be there on a daily basis if not at
other special events or media events.
I am requesting funding for my travel expenses as I represent the City of Clearwater for the
three weeks that the Hospitality Center will be open. I also have the privilege of representing
Clearwater at the formal opening ceremonies of the Winter Olympics at the invitation of
Mayor Tasuku Tsukada of Nagano City.
RG/cb
--l
'-" '--'I:.(~.. .
,>
r '
.
I
. .
,
, . :', .
,;::.',:.:;. :;:.;<.>.;~;f;>>::~;~~'~'.:;,~.~~:r>':.,</,.~'..:~:;\;. ....'~. "<:,'.:.':'.':.'(:/. .:. i:";'. .. . '. .
. .
~I ~t . : . . '. .
" . ,
i, .
" . . :. .
. , , .
. >'. J- I ~: .
..'
,>
c;9~
; ,
. . .
. .
" ~. '. .
.. .
.{ . , .
.. . . .
. .
" . "' '
, .
,". I
. ." "
J-"'"
~': ..
" .,'
'.:'; f", '
f. . . . '
. ." . .
I . . .'
,". , .
.F: . ..
. '.' I'
; , .
.' ': ,.
. ,
~ ~ ":: .
'1 .1:.-_::o..tHf...~~...,'\!IH'-Io . \I.i....~ I.....,;; ;J"",.:"''''__-~~ _ _~.,_____~_"",:",:,,:,"""""'''''_~'_''_~.. .~. .~. . I, . ....
r
-
---.p'"
"
:.\
,
.....
.;,
.,'
PRELIMINARY AGENDA
Clearwater City Commission Worksesslon - 1 :00 P.M. - Monday, October 13, 1997
Service Awards
CRT COMMUNITY RESPONSE TEAM
1 . Public Hearing - determine whether a public nuisance exists on the following property, 1970
Rainbow Drive (Viorel Cabal
FD FI RE
1 . Approve 10 year Emergency Medical Services First Responder Agreement with Pinellas County
Emergency Medical Services Authority (Consent)
GS GENERAL SERVICES
1. Purchase one 1997 Elgin Eagle Series F Mechanical Street Sweeper, Vantage Equipment,
$121,720; funding to be provided under City's master lease-purchase agreement in the amount
of $1 21,720 [Consent)
2. Increase unleaded fuel contract with Louis Dreyfus Energy Corporation by est. $37,500, for new
total $137,500 (Consent)
HU HOUSING & URBAN DEVELOPMENT
1. Agreement with National Development Council (NDC) , $40,500 which includes City's
investment of $100,000 into the Grow Clearwater Fund; and declare surplus property and
authorize sale to NDC of a $45,000 CDSG financed economic development loan (Consent)
2. Authorize City to award a contract to Ervin's All American Youth Club, Inc. to sell surplus gym
equipment (Consent)
MR MARINE
1. Agreement with Clearwater Bay Marina, Inc., 12/1/97-12/1/2002, for collection of daily launch
fees at Seminole Launching Ramps, for 25% of daily fees collected (Consent)
PD POLICE
1 . Clearwater Police Supplementary Pension Plan Board of Trustees - Reappoint William Schwab
PR PARKS AND RECREATION
1 . Confirm co-sponsorship & waiver of City fees for special events including Jazz Holiday, Fun 'n
Sun, FQurth of July, Family Holiday Traditions & Parade, Turkey Trot, North Greenwood Street
Festival, Martin Luther King Jr. Parade, Memorial Day, Clearwater Pass Bridge Run, Saturday in
the City, and 1 new event, Military Appreciation Day, est. total $188,396 ($69,720 cash
contributions & $118,676 in-kind contributions); and authorize event sponsors to approve
vendors
10/13/97
1
.-.....
-
"
. . ~ .), .I~ . . ,: .:'.' :.:\ >', .
EN ENGINEERING
1. Public Hearing & First Reading Ord. #6193-97 - Vacating easterly 2.5' of 5' lItility easement lying
along west side of Lot 14, Blk 60, Mandalay Sub. (Pfaelzer & Connor, V97-16)
2. Contract for 1997 Storm SlIplinlng Repair Project, Suncoast Excavating & Utilities, Inc.,
$489,917, and approve $48,991.70 for 10% contingency fee
3. Second Amendment to lease agreement dated 2/22/96 with Dimmitt Car leasing, Inc., extending
term to 1/31/98, renewable monthly thereafter at City option, Magnolia Park Sub., Blk 1, for
MSB/PS temporary parking facilities (Consentl
4. Contract through purchase order for removal of Brazilian Pepper along Stevenson Creek, between
Betty land & Alt. US19, to Stan Cisilski, Inc., for $45,000 (Consent)
5. Fourth Amendment to lease agreement dated 12/2/94 with Times Publishing Company, extending
term to 1/31/98, renewable monthly thereafter at City option, Magnolia Park Sub., Elk 8, for
MSB/PS temporary parking facilities (Consent)
6. Approve C.O.#1 for active remediation of former City Hall Annex 1 Montgomery Wards Site to
Post, Buckley, Schuh & Jernigan, Inc., increasing amount by $282,450 for new total $442,240;
and approve 30 day time extension
CP CENTRAL PERMITTING
1. Pub!ic Hearing & First Reading Ords. #6199w97 & #6200-97 - Annexation & RS-1 Zoning for
property located at 2301 Campbell Rd., Sec. 6-29-16, M&B's 34.01 & 34.011 (Judith
Coachman, Paul & Carolyn Young, A97-10) - Applicant request to Continue
2. Public Hearing & First Reading Ords. #6201-97 & #6202-97 - Annexation & RS-8 Zoning for
property located at 1487 Otten St., Terra Alto Estates, Lot 2 (Brenda Evans, A97-11)
3. (Cont. from 10/2/97) Authorize City Attorney to execute a contract with Siemon, Larsen &
Marsh to prepare a comprehensive revision to the City land Development Code for $234,450
CM ADMINISTRATION
1. Presentation - Brownfields Project Update (WSO)
a. Public Hearing - Res. #97-57 ~ Designating a Brownfield Area within the City for purpose of
environmental rehabilitation and economic development
b. Public Hearing & First Reading Ord. #6204-97 w Creating Secs. 2.241-2.246 establishing a
Brownflelds Advisory Board, amending Sec. 2.063 to exempt certain members from residency
requirements therein
c. Approve ranking of: 1) Malcolm Pirnie, Inc., 2) IT Corp., 3) Dames & Moore, 4) PBS&J, 5)
Westinghouse Remediation Services, Inc., and 61 Geraghty & Miller, Inc., to provide
environmental audit, risk assessment & remedial services for the Clearwater Brownfields Area;
and authorize negotiation with each
d. Approve the State Brownfields Redevelopment Work Plan and recommended use of Brownfields
Redevelopment Grant Funding
CA LEGAL DEPARTMENT
Second Reading Ordinances
1. Ord. #6179-97 - Relating to Flood Damage Prevention Regulations; amending Sec. 51.03,
revising definition of substantial improvement
10/13/97
2
~~\r.U"J~~tW4I." ~...'
~. ,.~j.....J.";..'..I"._'
I '~ft ""\fL.";'.l;"'J..~.~r "
~.
,.....\;.........."....... .
Ll J
-
,
.'
c. .
;,.".{.; :\; ,.c.
2. Ord. #6192-97 - Vacating 15' utility easement lying between Lots 16-23, Blk B, Clearwater
Beach Park 1 st Addition and Lots 12-15, Blk A, Clearwater Beach Park 1 st Addition Replat
(Heilman's Restaurant Inc. I Heilman Family Ltd. Partnership, V97-15)
3. Ord. #6194-97 - Relating to Environmental Advisory Board; amending Sec. 2.160, relating to
members
4. Ord. #6195-97 - Relating to Library Board; amending Sec. 2.192, relating to members
5. Ord. #6196-97 - Creating Sec. 30.054 imposing certain parking restrictions within street r-o-w in
residential aroas, and providing exceptions; creating Sec. 30.055 defining "inoperative vehicle"
and prohibiting the keeping, storing, parking, or allowing to remain on public property of
inoperative vehicles for longer than 24 hours; creating Sec. 30.056 prohibiting the parking of
vehicles upon public property or street r-o-w for the purpose of displaying for sale; creating Sec.
30.057.providing for enforcement of Sees. 30.054-30.056; renumbering Sees. 30.054 through
30.057 as Sees. 30.058 through 30.061
6. Ord. #6197-97 - Amending Sec. 20.35 to require certain maintenance of the sidewalk portion of
r-o-w by adjacent property owners
7. Ord. #6198-97 - Amending Sec. 28.10 to omit certain signage and placement requirements for
newsracks, to provide for location determination by the City Engineer, and amending notice
requirements
First Reading Ordinances
1. Ord. #6206-97 - Relating to special events, repealing Sec. 6.30 to delete provision requiring city
commissiom authorization for sale of alcoholic beverages
Resolutions
1. Res. #97-56 - Assessing property owners the costs of having or cleared owners' lots
OTHER CITY ATTORNEY ITEMS
1. Authorization to settle Stathis vs City, et al.
City Manager Verbal Reports
Commission Discussion Items
1. City Attorney evaluation
2. City Manager evaluation
3. Discussion re Annexation Issue
Presentation(s) for Thursday Night
1. Florida Natural Gas Association - 1997 Operating Person of the Year Award - Mike Deegan
Other Commission Action
Adjourn
10/13/97 .
3
~
_11t;I-..
,
f.
I'
,0> '......
. ~ .' ~ >.~_ ...... . .~_ .y" .~ ' ....:., ~>~~I' "'.~~.r' .... L \
.<..
.}
TO: Mayor Rita Garvey
FROM: Betty Blunt, Confidential Clerk/Receptionist
COPIES: City Commissioners, Michael Ro~rto, L)ndie Goudeau
SUBJECT: Presentation at the October 13, 1997 Work Session
DATE: October 13, 1997
The fol~owing presentations will be made at the October 13th Work Session:
5 years
L./'Danie1Slaughter, Pollce Department (letter of appreciation, pin with elty seal)
cPIna Ayres Hyson, Community Response (letter of appreciation, pin with city seal)
. 10 years .
Ltricla Shea, Parks & Recreation (letter of apprecfatlon, desk clock)
~hn Nuebel, Engineering (letter of appreciation, wan clock)
VVarghese Jolly (letter of appreciation, waD clock)
. vThomas Glen, Solid Waste (letter of appreciation, waD clock)
vJohn COITeD, Engineering (letter of appreciation, desk clock)
15 years
thoreen Spano, Engineering (letter of appreciation, plaque)
.(/Joseph Arrien, General Services (letter of appreciation, plaque)
20 years
,J Frank BiD, m, Fire Department (letter of appreciation, watch with city seal)
30 years
eft. Ream Wilson, Parks & Recreation (letter of appreciation, vacation package or a value
$400.00 '
t/EMPLOYEE OF THE MONTH, September, 1997 Is Glen Damel, Public Services
Department.
.