11/06/1997
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,Agenda:
11-6-97
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City Commission
Meeting
11-6-97
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note: 11-3-.97 Preliminary (Worksession) Agenda and paperwork
, ~hat was 'in package initially but then not continued onto
Thursday's agenda is at the back of this agenda pack.
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ACTION AGENDA - CLEARWATER CITY COMMISSION MEETING
Thursday, November 6, 1997 - 6:00 P.M. - Commission Chambers
1. Invocation
2. Pledge of Allegiance
3. ,Introductions and Awards
4. Presentations
5. Approval of Minutes - Regular Meeting
10/1'6/97
1. Commissioner Clark.
2. Mayor.
3. Proclamations:
Shriners Hospital Benefit Days - 11/7 & 8/97
Chemistry Week - 11/2-8/97
4. None.
5. Approved as submitted.
6. Citizens to be heard re items not on the Agenda
Anne Garris recommended putting up signs at entiance of City - Clearwater - Birthplace of the
Optimist Pram.
Sheila Cole requested agenda be advertised in the Clearwater Times.
PUBLIC HEARINGS
Not Before 6:00 P.M.
7. Variance(s) to Sign Regulations for property
(Pinch A Penny) located at 651 Court St.,
Court Square, Blk 13, Lot 7-9 together with
part of Lot 6, Magnolia Park, Blk 13, Lots 10-
1 2 together with vacated alley between
(Cepcot Corp. / Porpoise Pool & Patio, Inc.,
SV97:-12)
8. (Cant. from 9/4 & 10/2/97) Public Hearing &
First Reading Ords. #6172-97 & #6173-97 -
Land Use Plan Amendment to
Recreation/Open Space for upland area and
Preservation for wetland area & OSIR & P
Zoning for property located at 2950 Drew
St., Sec. 8-29-16, M&B 44.01: and receive &
refer associated site plan for approval by the
Development Review Committee (City of
Clearwater, LUP97-07, Z97-0B)
7. Approved variance of 1 wall sign to allow 4
wall signs.
8. Approved. Ords. #6172-97 & #6173-97
passed 1 st reading. Received &.Referred site
plan.
Public Hearing - Second Reading Ordinances
9. Ord. #6193,-97 - Vacating easterly 2.5' of 5' 9. Ord. #6193-97 adopted.
utility easement lying along west side of Lot
14, Blk 60, Mandalay Sub. (Pfaelzer &
Connor, V97-16)
11/6/97 1
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10. (Cont. from 10/16/97) Ord. #6197-97 - 10. Ord. #6197-97 continued to 12/4/97.
Amending Sec. 20.35 to require certain
maintenance of the sidewalk portion of r-o-w
by adjacent property owners (To be
Continued)
11. Ord. #6201-97 - Annexation for property 11. Ord. #6201-97 adopted.
located at 1487 Otten St., Terra Alto
Estates, Lot 2 (Brenda Evans, A97-11)
12. Ord. #6202-97 - RS-8 Zoning for property 12. Ord. #6202-97 adopted.
located at 1487 Otten St., Terra Alto
Estates, Lot 2 (Brenda Evans, A97-11)
13. Ord. #6204-97 - Creating Secs. 2.241-2.246 13. Ord. #6204-97 adopted.
establishing a Brownfields Advisory Board,
amending Sec. 2.063 to exempt certain
members from residency requirements therein .
14. Ord. #6206-97 - Relating to special events, 14. Ord. #6206-97 adopted.
repealing Sec. 6.30 to delete provision
requiring city commission authorization for
sale of alcoholic beverages
CITY MANAGER REPORTS
CONSENT AGENDA (Items #15-25) - Approved as submitted.
The, following items require no formal public hearing and are subject to being approved in a single
motion. However, any City Commissioner or the City Manager may remove an item from the Consent
Agenda to allow discussion and voting on the item individually.
15. Approval of Purchases per 10/29/97 memorandum:
Tempaoo of Pinellas, extension, misc. gas repair & installation materials, 1/1/98-12/31/98, est.
$289,732.91 (GAS)
Crane Carrier Corp., three 1998 rear loader refuse collection vehicles, $336,210 and one 1998
Crane Carrier side load refuse collection vehicle, $132,393, for total $468,603; funding to be
provided under City's master lease-purchase agreement (GS)
M.T. Deason Company, Inc., extension, yellow P.E. 2406 polyethylene pipe & fittings, 11/7/97-
11/6/98, est. $185,768.20 (GAS)
Ward Oil Company, Inc., diesel fuel delivered via tank wagon, 12/16/97-12/15/99, est. $40,000
(EN)
Petroleum Traders Corp., unleaded fuel delivered via transport, 12/16/97-12/15/99, est.
$550,000 (65)
Mansfield Oil Company, diesel fuel delivered via transport, 12/16/97-12/15/99, est. $800,000
(GS)
Ferrell Gas, propane, 1117/97-11/6/98, est. $ 200,000 (GAS)
Roll-a-way Shutters, storm shutters at City's Emergency Operations Center & Police
Communications Center, $36,394 (FD)
Electric Supply of Tampa, marina utility power center pedestals, $40,850 (MR)
11/6/97
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GTE Communications, Norstar Key Telephone Systems at Fire Stations #2, #4, #5, #6 & WPC
Northeast Plant, est. $20,500 (1M)
Sprint of Florida, PBX Remote Fiber Shelf for Fire Station # 1, $1 5,800 (1M)
Pinellas Heating and Air Conditioning, installation of gas referenced jobs throughout gas system,
11/7/97-12/31/98, est. $50,000 (GAS)
Spartan Oil Company, extension, fuel for resale at Clearwater Marina, 1/1/98-1213 '1/98, est.
$762,900 (MR)
M.T. Deason Company, 3408 high density black polyethylene pipe & fittings, 12/1/97~11/30/9B,
est. $129,735.71 (GAS)
16. Approve $38,500 payment to Michael Dandeneau, for adjustment of workers' compensation
permanent total benefits (including principal, penalties & interest) from 8/1/88~1 0/3/97 (FN)
17. Amendment to Contract with Total Event Management (TEM) to add management of Japanese
Public Relations Program for Clearwater / Nagano Hospitality Center Project, amount not to
exceed $1 54,500 (1M)
18. Contract for City's Community Notification Project equipment to ATS, a division of AVTEC, Inc.,
cost not to exceed $32,900 (PO)
19. Contract for Police Department's fiber optics radio tower link project, Bay Resources, Inc., cost
not to exceed $1 86,189.80 (PO)
20. Agreeme'nt for covenant running with the land for wetland mitigation activities located adjacent
to Mullet Creek, for Landmark Drive Extension Project, as required by FDEP (EN)
21. Agreement for professional services, Tampa Bay Engineering, Inc., related to FOOT and Pinellas
County utility relocation and accommodation, 5 year term (EN)
22. Contract for Storm Pipe Replacement - Lake Lucille Outfall; Deer Run East I Eastland Blvd.;
Waters Edge Townhomes, Clark Hunt Construction, Inc., $198,795.10 (EN)
23. Authorize City Attorney to execute a retainer agreement, Nabors, Giblin & Nickerson, P.A., for
assistance in special finance issues associated with the Gulf to Bay Corridor Enhancement
Project, $ 24,000 (eM)
24. Waterline and sidewalk Nonexclusive Easement - Sec. 17-29-16-85546-000-0020 & 0030 (Park
Place Land, Inc.HCA)
25. Appoint Commissioner See I as the City representative on the Metropolitan Planning Organization
(MPO) to complete Commissioner Clark's term to 09/2001
OTHER ITEMS ON CITY MANAGER REPORT
26. Purchase of VideolAudlo Equipment for City 26. Approved.
Hall Chambers, Encore Broadcast Equipment.
$179,061 (1M)
27. (Cont. from 10/16/97) Approve C.O.#1 for 27. Approved.
active remediation of former City Hall Annex
I Montgomery Wards Site to Post, Buckley,
Schuh & Jernigan, Inc., increasing amount by
$282,450 for new total $442,450; and
approve 30 di;ly time extension (ENI
28. Approve conversion of four contract positions 28. Withdrawn.
to permanent positions with full City benefits
(CM)
11/6/97 3
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29. Municipal Code Enforcement Board - 3
appointments (elK)
30. Other Pending Matters
29. Reappointed David Allbritton. Appointed
Mary Rogero & William Plouffe.
30. None.
CITY ATTORNEY REPORTS
31. First Readings
a} Ord. #6205-97 - referendum ordinance re amending City Charter Sec. 2.01 (d)(4)(v) to delete
referendum requirement for lease of city property with recreation lopen space land use
designation - Continued to 11/20/97.
b) Ord. #6207-97 - referendum ordinance re proposed lease to Head Start Child Development and
Family Services, Inc. - Passed 1 st reading.
c) Ord. #6208-97 - Amending Sec. 2.474 of Ch. 2, Div. 5, re Police Officers Pension Plan,
Subdivision II, Supplementary Pension and Retirement Plan to revise investment authority -
Passed 1 st reading.
d) Ord. #6211-97 - Relating to special events. amending Sec. 22.83 relating to parades to permit
parade participants to toss candy. medallions and similar matter - Passed 1 st reoding.
e) Ord. #6212-97 - Relating to Environmental Advisory Board, amending Sec. 2.161 relating to
officers; amending number of members necessary to constitute quorum - Passed 1 st reading.
32. Other City Attorney Items - None.
33. City Manager Verbal Reports
Kathy Rice, Deputy City Manager, reported a tentative agreement with the union representing
Police Sergeants and Lieutenants has been reached.
City Manager reported agenda packs will be distributed one week prior to the next Worksession.
34. Commission Discussion Items
a) Funding for Saturday in the City - Direction to bring forward to next CRA & Commission
meetings to donate in-kind services from the City and cash contribution from eRA, total from
both not to exceed $5,000.
35. Other Commission Action
a) City Attorney Evaluation - Excellent Evaluation given.
b) City Manager Evaluation - Excellent Evaluation given.
Ho'ooer invited all to participate in Military Appreciation Day on Saturday, November 8, 1 997.
Seel questioned progress an the Keene Road extension. Presentation scheduled for 11/1 7/97
Worksession.
11/6/97
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Johnson said according to the latest edition of Nations Weekly, the Senate failed to move ISTEA.
,There is also concern re legislation that would infr'inge on local land use authority. Consensus was to
send a letter of opposition to the delegation from the Commission.
,Garvev invited all to visit Saturday's Farmers Market at Station Square Park.
Garvev stated the 1 998 Winter Olympics begin in Nagano ;n 87 days. She distributed calendar
magnets highlighting the date..
Garvev reported this morning's Commission discussion regarding criteria to p'rioritize Penny for Pinellas
Projects will be aired on C~View TV tonight.
36. Adjournment ~ 7:43 p.m.
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11/6/97
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TOs
Mayor Rita Garvey
Betty Blunt, Confidential Clerk/Receptionist
City Commissioners, Michael Roberto. Cyndie Goudeau
FROMI
COPlESI
SUBJECTI Presentation at the November 6, 1997 City Conunission Meeting
DATEs
November 6, 1997
The foUowing presentations will be made at the November 6th City Commission meeting:
. PROCLAMATIONS
SBRJNERS HOSPITAL BENEFIT DAYS, George Moyer, Clearwater Shrine Club
CHEMISTRY WEEK . Joe Reckenwald, City 01 Clearwater Water Pollution Control
SuperlntendeDt
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TO:
Mayor Garvey
I FROM:
Sally Thomas, City Clerk Specialist
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SUBJECT:
Invocation
COPIES:
Cynthia Goudeau, City Clerk
DATE:
November 6, '1997
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,No minister will be present this evening.
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CI T Y OF C L E, A R W ATE R
Interdepartmental Correspondence
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CITY OF CLEAR WATER
Interdepartmental Correspondence
TO: Mayor and Commissioners
FROM: Cynthia E. Goudeau. City Cle~
SUBJECT: Follow up from November 3, 1997 Work Session
COPIES: 'Michael J. Roberto, City Manager;
DATE: November 4, 1997
In response to questions raised at the November 3, 1997, Work Session, the following answers are
in final agenda order:
Item #15 - Purchases
The current lease purchase rate is 4.99%. The actual. rate is determined at the time the
draw is made and is calculated as 87.5% of the five year treasury. Assuming a status quo budget, there
should be' no increase related to the budgeted debt.
Item #22 - Storm Pipe Replacement - Waters Edge Townhomes are located at the intersection of
Montdair and Keene, just north of Sunset Point Road. The (97-18) is the project contract number
assigned by Engineering.
Item #23 - Gulf-to-Bay project - This project was established at first quarter budget review.
Item #25 - MPO appointment - the appointment of Commissioner Seel has been added to the
consent agenda.
Item #26 - Video/Audio Equipment - The grants from the cable companies must be used for
Government access equipment only. They can not be used for general fund purposes. The
specifications do include specialized equipment that some do not carry. We do not know why five of the
ten firms receiving bid packages did not reply. Fourfirms responded with No Bids, three due to not
offering the equipment and one because their schedule did not permit.
Item #28 - Contract Positions - attached is a five year history of the number of positions in
Central Permitting, Engineering and Human Resources. Additional information regarding the total
number of City employees will be provided by Thursday night.
Item #31c. - Ord 6208-97 - the City Attorney is investigating Commissioner HooperJs question re
compliance with Chapter 185.
, Miscellaneous:
Fire Hydrants - the caps of the fire hydrants are color coded to signify the gallons per minute
rating of the hydrant. As long as that coding remains intact the paint for the rest of the hydrant can be
changed. The Fire Department prefers that the paint be reflective. The Explorers are actively painting
hydrants. This is their only source of revenue for post activities. They did become a little backed up due
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11/3/97 Work Session Follow up
Page 2
to their vehicle being inoperative. The Fire Department is working with them to find more
reliable transportation. They are currently using a paint that contains powdered glass that has proven to
be very effective in providing the reflective quality wanted by the Fire Department.
Debris clearance - It will probably be two more weeks before all debris is picked up. Solid Waste
has made one complete pass of the City and picked up all debris that had been placed at the curb except
for the hardest hit area at Belleair Rd and Missouri Ave. A lot, of the debris has not yet been placed at
the curb. ' Policies regarding size of logs, etc. have been relaxed to assist those in the hard hit areas. This
has taken a toll on some of the equipment.
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Clearwater City Commission
Agenda Cover Memorandum
1
Item #: ~. .... .
Meeting Date: ;:1\'<.':4\:,7,,:'
SUBJECT:
Variance to the Sign Regulations; 651 Court St.; Cepeot Corporation, Porpoise Pool & Patio, Inc.
and Clearwater Depot, Inc. / Pinch a Penny (Owner/Applicant); Wanda Hatcher (Representative).
(SV 97-12)
RECOMMENDA TION/MOTION:
Approve a variance of 1 wall sign to allow 4 wall signs, on property identified as Court Square,
Block 13, lots 7, 8, 9, and part of lot 6, and Magnolia Park, Block 13, Lots 10, 11, and part of 12,
together with vacated alley between, for meeting Sec. 45.24, Standards for Approval, items (1 )-(4).
SUMMARY:
f8I and that the appropriate officials be authorized to execute same.
· This property is located between Court St. and Chestnut St. on the west side of the Pinellas
Trail, and is in the Urban Center Core-2 zoning district.
· The applicant Is requesting a variance of 1 (\ "~all sign to allow 4 wall signs.
· The applicant proposes to place a 10 squCire foot reader board sign on the east side of the store.
· An unimproved parking lot exists on the southern portion of this property. City staff is working
with the applicant to Improve the parking lot and to provide landscaping in accordance with
code.
RO\l'lowed by:
Legal
Budgat
Purche.lng
Risk Momt.
IS
ACM
N/A
N/A
NfA
N/A
N/A
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Submitted by:
City Mimag.r
o Printed on r
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Originating Department:
Central Permitting
~<
User Department:
CClntr/J1 PClrmlttlng
Costs:
Commission Action:
N/A D Approved
Total D Approved w/Condltlon.
o Denied
Current Fllcel Yur 0 Conllnued to:
Adv/Jrtlllld:
Funding Source:
o Capital
ImplOv.nwnt:
o
Op.ratlng:
o
Other:
Attachmonts:
Application
Datil:
Paper:
o Not R.qulred
Affected Parties:
Ii!I Notified
D Not RequIred
ApproprIation Code
o None
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SV 97-12
Page 2
The following table provides summary information regarding the proposed sign:
-
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,:,::::,;,""" ",;' Permitted
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Type of sign Attached Ves
Location East side of store Yes
Area 47.5 sq. ft. (37. 5 sq. ft. existing* I 48 sq. ft.
1 0 sq. ft. proposed)
Number of wall signs 3 signs existing* / 4 signs proposed 3 signs
* The existing signs are:
uPinch A Penny" -25.5 sq. ft.
upool - Patio" - 6 sq. ft.
"Spa - SBQ" - 6 sq. ft.
Staff Comments/Analysis:
Conditions support approval of the requested variance:
· This additional sign will not cause the east side of this storefront to exceed the 48 square
feet of sign area allowed by code.
· The sign was part of the plans approved by the Design Review Board on April 8, 1997.
· Approval of this variance will not detract from the appearance of downtown or the City.
:::'::::':;;:; ;:::;::;,;:,:<}i/\f/:\:j!i/} b:') ~::~,::::'i,:': :-::\:;/~',(::\:':, i::::.i ,<:/;: ,::f":,':;"":""': : " ,',;,,": ':',,::,,:' :;";"" ,: :;: " i,:,:, ',' S?,i::,::':::::' :>f;:::: ;" ::, : :,:'::::.: ',;:: :::. : :;,:..:....': ..
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, .',', ..,...,...... '.. """',,n" ',n .... ,.... ,"" ," SURROUNDING LAND USE "', u .. "" "",' . .. , .
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Direction Existing Land Uses
North Offices
South Offices/warehouses
East Warehouse
West Offices
ru
SV 97~12
Page 3
Relevant Previous Decisions by the Commission:
On May 15, 1997, a variance was approved to allow a 64 square foot, 20 foot high freestanding
sign in the southeast corner of this property.
NUMBER OF ATTACHED SIGNS
~g'~~~~;;;;!;:(: :,~~~9~:j~~\;,,', ,., ',~~~e,",:, "
sv 93~07
SV 93-78
SV 93-60
SV 93-93
SV 93-87
SV 95-11
SV 95w09
SV 95~23
SV 95-31
SV 96-01
SV 96-09
SV 96-12
SV 96~20
.. '.
. VARIANCES, " " " . " , :,;:,ME~tINQ:.::'::,
:REQUESTED/AcnON',',, " " ':[)A:r~,::"\<',:"::
801 Phillies Dr. Jack Russell Stadium 1 wall sign/Approved 11/9/93
1 200 Missouri JC Penney 1 wall signlApproved 2/7/94
Ave.
603 Missouri Clearwater Outboard 4 attached signs/Denied 3/21/94
Ave.
2126 Drew St. Mac's Sports 1 attached sign/Denied 4/1 9/94
830 Court St. R.J. Automotive 1 wall sign/Denied 4/19/94
249 Windward Clearwater Marine 2 wall signs/Approved 3/2/95
Passage Science Center
1520 Musicana Dinner 4 window signs/Approved 3/16/95
McMullen Theatre
Booth Rd.
467 Mandalay Eckerd Drugs 2 wall signs/Approved 4/20/95
Ave.
387w1/2 Wedgwood House 7 attached signs/Approved 8/17/95
Mandalay Ave. Estate Jewelers 5 window signs/Approved
500 Cleveland Church of Scientology 1 wall sign/Approved 2/1/96
St.
1295 Missouri Albertson's Inc. 1 wall sign/Approved 6/6/96
Ave.
3130 Gulf to Speedway 5 wall signs/Denied 8/15/96
Bay
1661 Gulf to ,Smart & Final 1 wall sign/Denied 10/17/96
Bay
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SV 97-12
Page 4
VARIANCE WORKSHEET ~ CASE NUMBER SV 97-12
STANDARDS FOR VARIANCE
APPROV AL
(1) There are special circumstances
related to the particular physical
surroundings, shape or topographical
conditions applicable to the land or
buildings, and such circumstances are
peculiar to such land or buildings and
do not apply generally to the land or
buildings in the applicable zoning
district.
(2) The strict application of the
provisions of the code would deprive
the applicant of the reasonable use of
the land or buildings.
(3) The variance is not based
exclusively upon the desire for
economic or other material gain by the
applicant or owner.
(4) The granting of the variance will be
in harmony with the general purpose
and intent of the land development
code and comprehensive plan and will
not be materially,jnjurious to
surrounding properties or otherwise
detrimental to the public welfare.
STAFF FINDINGS
Conditions support approval of the requested variance:
. This additional sign will not cause the east side of this
storefront to exceed the 48 square feet of sign area
allowed by code.
. The sign was part of the plans approved by the Design
Review Board on April 8, 1997.
. Approval of this variance will not detract from the
appearance of downtow'n or the City.
The requested variance is reasonable to identify this use for
the reasons stated above.
The requested variance appears to satisfy this condition.
The sign regulations were adopted with the intent of
enhancing the visual quality of the City's streets and
landscape in order to protect the value of properties and the
well-being of the local tourist oriented economy. The
granting of this variance appears to be consistent with this
intent.
..
CENTRAL PERMITTING DEPARTMENT
100 SO. MYRTLE AVE., 2ND FLOOR
CLEARWATER, FL 34616
PHONE: 562-4567; FAX: 562-4576.
INSPECTION LINE: 562-4580
SIGN VARIANCE APPLICATION
Isv# Q7.JZ
,"
, .
PROPERTY OWNER(S) NAME & ADDRESS: REPRESENTATIVES(S) (if any) NAME & ADDRESS:
CEPCOr CORPORATION., WANDA HAIDiER
P.O. BOX 6025 9470 tJIMERI'CN roAD 5C
cr..EARWATER, F.L 34618 LAffiO, FL 33771
813.~586-1328
TELEPHONE: ( 81~ 531-8913 TELEPHONE: ( )
ADDRESS OF SUBJECT PROPERTY: '
651 COURl' ST1lEEr
NAME OF BUSINESS (IF APPUCABLE): .
PINCH A PENNY
ZONING DISTRICT: LAND USE CLASSIFICATION: LAND AREA:
UC '(C) 2 CENrRAL BUSINESS DISTRIcr 12,705 50 FT MOL
LEGAL DESCRIPTION OF SUBJECT PROPERTY:
Attached .
*PARCEL NUMBER: 15 1 29 'I 15 15445d 013 1 0100
*This information is available from your tax receipt or contact Pinellas Co. Property Appraiser's Office at 464.3207.
IT more than one Darcel number attach 8 ~ x 11 inch sheet.
DESCRIBE SURROUNDING USES OF PROPERTY
North: East:
aID TRAm Sl'ATIOO WAREHOUSE
South: Weat:
DISTRlBUIOR'S OFFICE!l'lAREHOUSE msURANCE CO. OFFICE B:UX;
VARIANCE(S) REQUEST:
. A VARIANCE IS ~G mr.m;sTED 10 ro:n::N7 (1) :ID':' WA:I:.tL Sl~ ~Jmp.E 3 WALL SIQiJS
IS 'mE W'OCIJIIJlo! PEroU'l.l'W. rorAL # OF vIALL SIGNS THERE VlXJLD BE 4
I
..
,
STANDARDS FOR APPROVAL: A variance sholl not. be granted by thl3 City Commission unless the application
.and evidence prosented clearly support the Collowing conditions:
1) Thero are special circumstances related to the particular physical surroundings. shape or topographical
conditions applicable to the land Of buildings. and such circumstances are peculiar to such land or buildings and do
not apply generally to the land or buildings in the applicable zoning district because:
PINCH A PENNY .rS_.I1):ATID AT 651 CCXJRr .STREET.6""COURl' S'I'REET IS A"are ~~y THROUGHFARE
. '
~~T_. BOUND. r ?;HE L SI~_~ ARE ~G ~ ~. .JrolLWJ;LL BE OI'!.J'H?J;'I~~_T_~~~CN WALL
AND WILL HELP to:::ATE _THE IOCATION.. OF THE RETAIL S'lORE: -
. ~ . . - .. . ...;..
2) The strict application of the provisions of the code would deprive the applicant of the reasonable use of the land
Of buildings because:
mE CHANGEABLE COpy SI~ IS OUR WAY OF LEITING PATRONS l<NJW THAT WE ARE IN SERVICE
WE CAN LIST EMPWYMENT OPPORlUNITIES FOR THE CCM-UNITY AND PRICES FOR '!HE ITlliS ~oJE
ARE SELLING.
3) The variance is not based exclusively upon a pesire for economic or other material gain by the applicant or
owner because:
r..~ns NEW REl'AIL S'IORE WILL BRING JOBS TO THE ~ CLEARWATER AREA AND ALSO
GENERATE IDRE BUSINESS TRAFFIC m '!HE ~ ARPA. THIS WlLL rnCREASE THE PUBLIC
AWARENESS OF BUSINESSES rn mE ~ AREA
4) 'The granting of the variance. will be in hannony with the general purpose and intent of the Land Development
Code and Comprehensive Plan and will not be materially injurious to surrounding properties or otherwise
, detrimental to the public welfare because:
SIGNAGE WlLL BE DISPLAYED IN A MANNER mAT WILL Nar BE DErRIMENTAL 'IO THE
SURROVNDlNG PIDPERrIES. .
THIS SUBMISSION GIVES AN APPLICANT THE OPPORTUNITY TO REQUEST THE VARIANCE AND
APPEAR BEFORE THE DEVELOPMENT CODE ADJUSTMENT BOARD. FEES PAID ARE NON~
REFUNDABLE REGARDLESS OF BOARD ACTION. BY SIGNING THIS DOCUMENT I AM
ACKNOWLEDGING THAT ALL FEES PAID DO NOT GUARANTEE APPROVAL OF THIS
APPLICATION. THE CEPCOT CORPORA~~~
SIGNATURE OF PROPERTY OWNER (OR RESPRESENTATIVE):By: ~/lj~ J 1-,. / I'L~~
Onclude position and name of company if applicable)
Karen S. MeLead/Direetor of Legal & tdminXFr
Swom to and subscribed before me this 15th day of August . AD.. 19 97 ~ve 1
by
Karen S. MeLend
. who is personally know to me-mo-hslt PrOOuced-
----------------------------~aa iJentificntion~ STATE OF FLORIDA. COUNTY OF PINELLAS
2c~ 0- 4--:r..t?'.<J--'
ffilt Public r
-YlJO IT~ H. &C.AS
Name of Notary typed. printed or stampod
Commission:
ItUJ~~
~~\>n1 :~\ JUlith A. Gm
~tA1~ fl'i COMMISSION' CCS74S11 EXPIRES
~~ Septambet 15. 2COO
"'I,ffl:.'lil. DOHllED 1lRJ 11IJV fNtf IHSOOAHCE, lie
NOTES:
. PROPERTY OWNER OR REPRESENTA1'IVE MUST A'ITEND HEARING.
. APPLICATION SHALL INCLUDE A CURRENT AND ACCURATE SITE PL~,
FORM. SIGNS VARIANCE (November 6,1996)1410.0003
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;::::'::;;>:':'::;~~,~:;,)\:,::'::t>~\~,(>::;: ":"~.;~:::,, :,:' ,,',;.'--, >:,,::,:'SIGN VARIANCE' R~a~EST ::' :...." ..', ..
NAME: THE CEPCOT CORP.. PORPOISE POOL & PA no. INC .4ND CLEARWA TER DEPOT-INC.
SV # 97- 12 PUBLIC HEARING DATE : SOCTOBER 2, 1997
ATLAS PAGE: 306A SEe: 22TWP: 2.e.S AGE: il. E
. '. . .
',CLEARWATER CITY COMMISSION
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Clearwater City Commission
Agenda Cover Memorandum
d Item #:
6 MeetIng Date:
Z 97-08 &
LUP97-07
, 11/06/97 '
SUBJECT:
· Petition for Land Use Plan Amendments and Zoning Atlas Amendments for M&8 44-01 in
Section 8-29S-16E; Owner: City of Clearwater; Representative: Art Kader.
(Z 97-08 & LUP 97-07)
RECOMMENDA TION/MOTION:
· Approve the Petition for Land Use Plan Amendments from Residential Medium to
Recreation/Open Space for the upland area, and Preservation for the wetland area and
Zoning Atlas Amendments from Multiple-Family Residential "Sixteen" (RM-16) to Open
Space and Recreation (OS/R) and Preservation (P) respectively for M&8 44.01 in Section 8-
29S-16E, and pass Ordinances No. 6172-97 and 6173-97 on first reading.
· Receive and refer the associated Site Plan for approval by the Development Review
Committee (DRe).
o and that the appropriate officials be authorized to execute same.
SUMMARY:
PROPOSED REZONING AND LAND USE PLAN AMENDMENTS
EXISTING ZONING DISTRICT Multi le-Famil Residential "Sixteen"
:'PROPOSED:ZONING DISRTRICT. ': ',' ,Op,en':8pa~e&l{ecreatiori (OS/RY&' "
",,~. ,': " " " , , ,.Preservation ',: . .. '
EXISTING LAND USE PLAN CLASSIFICATION Residential Medium
,:PROPOS;ED, FpTURE Lf\ND :US~' PLMr' '" :,':, ' , ',:"":, Recreatio,rilOpeJl Sp,ace &' Preservation, '
'CLASSJFICATtON, ',;' ',.. ',",' .,:" ',',;', ':""" " ',' , ',,' '"., ~''';'",',:':,',', ,:.. , '.. ", ..
Reviewed by: OrigInating Department: Costs: Commission Action:
Legal N/A CENTRAL P1RMITTING o Approved
Budget N/A User Dep8rt~ent: Total o Approved wlCondlllons
Pwchalllng NfA , o Denied
Risk Momt. NIA Clnent Fllcel Year o Continued to:
IS N/A Funding Source:
ACM NIA o Capital
Improvll1l4Int:
Other Advertillad: 0
Oplrallng:
EngineerIng Date: 10126/97 0 Attachments:
Other:
Paper: TAMPA TRIBUNE ORDINANCES NO. 6172.97
& 6173.97
Submlttod b~ 0 Not Required ApproprIation Coda LOCATION MAP
Affected Parties: APPLICATIONS
ZONING MAP
Cltv M....... ~ SITE PLAN
0 Notified o Nene
o Not Required
......
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'---.:::p-W""I"""'W-
Z 97-08 & LUP 97-07
Page 2
EXISTING AND PROPOSED USE OF THE SUBJECT PROPERTY
1~~a;~L.. ..
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ASSESSED VALUE OF SUBJECT PROPERTY
I ,,'
,', '$'],067,200.00 (combined lots)'." ':'
DISCUSSION:
. This item was pulled from the October 16, 1997 meeting because the City Manager required additional information
prior to the Commission meeting. The required information has been provided.
. This is a City initiated rezoning and land use plan amendment request which involves 3 1.4 acres of land that is
owned by the City of Clearwater. The subject property is located on the north side of Drew Street approximately
1/8 of a mile west of McMullen Booth Road. The City wants to rezone the property in order to utilize it for
recreational facilities and open space.
. The subject property is presently zoned Multiple-Family Residential 16 (RM-16), and has a Land Use Plan
Classification of Residential Medium. A recreational facHity is neither a permitted nor a conditional use in the RM-
16 zoning district, but it would be a permitted use in the Open Space and Recreation (OSIR) zoning district.
II The northern portion of the property is a wetland area consisting of 11.43 acres while the southern segment is an
upland area with 19.97 acres. It is proposed to rezone the southern upland area as Open Space & Recreation
(OSIR)~ and Preservation (P) for the wetlands in the north. The Future Land Use Plan Classification of Residential
Medium would be changed to Recreation/Open Space for the upland area, and Preservation for the wetland area to
confoml with the proposed zoning districts, and compatible with the Countywide Future Land Use Plan
Classification on adjoining properties in the area.
. The properties to the north, south and east have a mixture of uses with Future Land Use Plan Classifications of
Recreation/Open Space, Preservation and Residential Medium; and they are zoned OSIR, P, and RM-16
respectively. The proposed Future Land Use Plan and Zoning Atlas Amendments are being requested to permit the
proposed recreational facilities in the area.
. The proposed project will include the development of a three-field softball complex including a rest room, storage
facility, parking lot and other parking amenities adjacent to the Eddie C. Moore Complex to be known as "Eddie C.
Moore Complex West." With the completion of these fields, the City will have eight (8) softball fields available for
major tournaments and regular City-wide programs,
. Also included in the project is a portion of the east-west recreational path system that is proposed to run from the
Long Center on Belcher Road to Philippe Park in Safety Harbor. This path will be 10 feet wide and provide
residents and visitors with the ability to traverse through several hundred acres of park land from the Long Center
to Bayshore Blvd. and ultimately, Philippe Park to the north. The City presently has approximately seven and one
(2)
~1~t""''tI..;~~\J"L:ofr.~. .... .
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~
Z 97-08 & LUP 97-07
Page 3
half miles of paths within the City limits and the path shown on the proposed plan will provide the finaltink for the
completion of the east-west trail.
. In addition to the trail aspectt there will be an opportunity for passive recreation within this park such as picnicking,
nature walks, and bird watching,
. The request to rezone this property to OS/R and P would be consistent with the surrounding land use patterns to
the northt south and east of the adjoining properties in the area, Rezoning would give the City more flexibility to
accommodate the proposed development. Moreovert environmentally sensitive portions of the site and open space
area would be reserved through this rezoning and land use plan amendments. It would allow a development project
, which will positively contribute to the development/redevelopment of the area and the City.
. The total land area for the subject property is 31.4 acres. Because the property exceeds 25 acres in area, the City
Commission will receive and refer the associated site plan simultaneously with this request. Staff recommends
referral of the plan to the DRC for final approval.
. The development of the subject property is contingent upon approval of the land use plan and zoning atlas
amendments by the City Commission, the Countywide Planning Authority and the Department of Community
Affairs.
. Pertinent information concerning the request is summarized in the tables below.
EXISTING ZONING AND FUTURE LAND USE OF' APPLICANT'S AND
SURROUNDING PROPERTIES
'LOCATION::, ::IN'CITY ,;' :'FUTURE LAND USE' ", .zONING
:',;'<:-':,'::>..'':','',:(, ,...OR,,' .,',': ,PLAN CATEGORY,", " ..
"':(",.~':" ',:,. ,::, , ..COUNTY:." "", " . ,',:"'" '.. ..
Subject City Residential Medium RM-16
Property
North
ACTUAL USE
.. ,
..
Vacant property
East
RlOS & P
Multiple family residential (Brigadoon)
& Kapok Trailer Park
Multiple family residential (Condon
Gardens)
City owned park & wetland
City
Recreation/Open Space
& Residential Medium
Residential Medium &
Preservation
Recreation/Open Space
& Preservation
Residential Medium
RPD-12
&MHP
RPD-8
City
South
City
West
City
RM-16
Vacant (Prooosed apartments)
. The Planning and Zoning Board held a public hearing on this application on August 19, 1997 after which they
unanimously endorsed the proposed Land Use Plan Amendments to Recreation/Open Space for the upland area
and Preservation for the wetland area, and Zoning Atlas Amendments to Open Space and Recreation (OSIR) and
Preservation (P) to the City Commission.
OTHER REQUIRED REVIEWS
:AGENCY:,. ' YES NO ' ,
Pinellas Plannin~ CounciVCountvwide PlanninR Authority X
Florida Department of Community Affairs X
(3)
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Z 97H08 & LUP 97-07
Page 4
. ABBREVIATIONS: RM-16 = Multiple Family Residential "Sixteen" District (City); RPD =Residential Planned
Development District (City); OSIR = Open Space and Recreation District (City); P = Preservation District (City) &
MPH = Mobile Home Park District (City).
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CITY OF CLEARWATER
CENTRAL PERMlTI'ING DEPARTMENT
100 SO. MYRTLE AVE., 2ND FLOOR
PRONE (813)MS62-4567
FAX (813) 562-4576
ZONING ATLAS AMENDMENT APPLlCA nON
; PROPER1Y;OWNER S ~jHg;j!;;;jj;jH;jij;jjjj;i;!,;',::j;jg;ij:(!:;;!;;;!i:;:!i;:j,\!j!:;!;;;'j!;:i!,!1;';;;,::';:E:ji1ii:,H:ijj!]i!:j;;!;!!:!'jj,f!!:j[;:!;:!!::!!!!i;;!!!1nl!!!1;:j':;j:',il::1;, ; ;::::,,:::,;:::"':::
NAME: C . -" elf
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ADDRESS: 'P Box L-J.14 PHONE: (813) 5'6.:1.-~
CITY/STATElZIP C 1 eo..r"wo....+er FL 410 18 - LJ'7Y 8
:REPRESEN.TAn~:(Iff.ANY>:;:1,::i,:::jjljn;;!ijl;jj::!;;! ::::1;ji~:!jEl!;j1jj:jjjil:::H'j;jH,::;;:j';;j::l'::j:i;':j1!::;~i:;,\:j:j;:;jin:Hh!Hij:i1ljjii~jjjjij:!1!jj:[in!!!!]j!j!]:j ;,j!j::1~:j~i:ii!!i;!::::ij!!;j:,
NAME: Ar+ Kadev PHONE: (8"( 3) 5/c.:1.- C{8Z3
L~GAt;:J)E~QRtP'TJ9N:()F,:;f,JROPER,tv, (SUBJECT:,OF: REQUEST)::!!/;,:::i ::;'!::iiiiiiii!!t';H!!;i'!!Hc!:!m:::!i'Hm'li'i::'Y:!><';(;,,:
see a. Ct hme
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CITY OF ClEA r=
j'GENERAL'LOCA T'ON:'!~jijlL:jii~i~:i!:;']i!iii!!:i:j!:::!,:::ji;ji!;::i,;!j~!:;j!ji::jjjj:iH;\;ijjl;li;:::i:jjj;i:H::ji:1j:l!!!!ij!ji:!i:!:Hi:jj!!:ii:;i:ll::jjj!!!j:j!,!!::,!;:;!!,:!;:',;;i;;'!;, ,;,,!,!~i::i;j::!:::::':!!! :::
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iAc:REAG,E~~1111~HjHHmi~;mH~:;HHj\HiHjH::mH:H~; :[ PRESENT ZONING: ::~ :;:;:ii:;;+;::fi:;~iW;;:iii::l :.REQUESTED .~o.f>JIN~,:H!'f:;!::;:: ::';;:,::,:',:, 'i"
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iCLEARWATER :COMPREHENSIVE:LANO USE,PLAN:CLASSIFICATION:!!ij:!::ifH:jiiii~Hm:!im:~ii)1;jj!:!::jj:HH:H~!::;;ii:!i!::g,:;,::j',:i;'i:;~i:.::,
Rtv\
iPINEUAS,COUNTYiCOMPREHENSIVE LAND USE PLAN CLASSIFICATION:::: L.'::'/:!Y :T,<HYi::iijH'::':;:::::i:;::::;'/',:'.,:',
RM
;.REA~ON;FOR REQU~$T;::;,i');;:!!i;!!iiHi:i,;:i;;i:i:!iii;iU::iiU;::5i,fi;:Hi::!!:;;',;:: ;ii:;;::,,:;;::;;;:;;:;,::::E::i::T:i::, :::,;i1;:;:;:,i;,>i;i::::;!;::';E::;;';:;U::::>," ,':", ':
'Pro er +0 be develo J as 0.. .....K which is not Cc. flOlAleJ ~ h
RM ( .
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.
CITY OF CLEARWATER
CENTRAL PERMITTING DEPARTMENT
100 SI MYRTLE A VEl' 2ND FLOOR
CLEARWATER,FL 34616
TELEPHONE (813) 562-4567
FAX (813) 562-4576
LAND USE PLAN AMENDMENT APPLICATION
! PROPERTYOVVNER(S)~:g~!!l,H!!gj!!i':!mmm!i;'lj!i~;!!!:!!;:!g!,:!::~:!!;:'!g::!,:i,!!!j!:m::j:!g!!;!:!::!j':g!i!!;!!!,:!,,:'!!j::g!i';=,'!jj'!!!E:'i!gi:'!!, : DA TE:i;:::":;i;!::i!;;::'!::;:!!!;!!;;:':' 'i:
NAME: c; ~ C(ea.v'^-G1.('v 711S' 'i7
ADDRESS: 4-74 PHONE: (813) 5"Co2.- L( 8 2.
CITY/ST A TEIZIPc.l + r
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i,REPRESENT A TIVE:(IF: ANY)lii1ijiE;iiiHii;iHiiiHiiiH\iiimjiH::":WmtH:iWiHjiW!;i!i;H:iH:i"iiiH:jijj'jii!i,!::"j:!,j!;:i;::!':;iji:Hi1:ji:E!!H;;i:!iij::,jiiin:H: !:::!:i';;j:m:g'ii;:';=jimi!(i
NAME: A ( t kCuJ..e r
ADDRESSlC ~STATEIZlP L " PHONE: (S1~) S-'-~-l.(~
sa. "'^ ~ tt S 0.. 00" <=. )
:I:C~" I "DESCRIPTION 'OF'PROPERTV (SUBJECT'OF R~QUESn":''':':'':':::'::'':':';'':''':'::::'::;::'::':':'::''':::::.:::.::,',;,:.:::::;,.:::::::::'...:.:;';::::::.:::::..:
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{th side D12- ~ew St. 0 '{of ~ .,,;IC' tue~ ,,-rvw.~,^'~ i3a0ftt Rd.
D 1).....ew S-fre.e:r
:ACREAGE::i:iiHHjjjjjjjHUii;iji;UHfUiiijjjfjt! ;PRESENfZONING DISTRICTH!:HjmfHHiW:i~j jREQUESTED.ZON1NG OlSTRICT~:(!ji:jii~
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31. RM I os / R d.. P
:Nore:;;A:$EP~TE.APPUCATJON JS.REQlUREO"JfTHE'ZONING. O,ISTRICT,JS,P.ROPOSE.QiTo"Be;,CHANGE01!~ij!~~
fl ~jlfti ;~~rH!~ffi .:!:~!: ~ i ~ ~: ~ ~~;~:~; ~J;i ~J ~ ~ j ~i ~H~f} !t}j;~~;~ ~~}1 ;~~j ~~J~ f iJ~~;iJiI;~ ?51 ~ j~~~ j~ ~ ;}1 i?] ~~~~ ~j .!~ j i~~j~i ~11 ~~ F1J~~~J~~;}~lJ~ ~~ ~ ~!}~ ~;~ ~jl~HJ~15~~j~;E?j1 ~~~;~ ;jli] ~E1;~ ~1! 1~ ~~ ~ j 1 ~~ ~j i ~~ ~ ~j;~ i ~ 1 11 ~~;~ ~~;; ~i:~~! 1 ~ ~j !~~:;~ ~li~t; ~~; ~~ ~i1~; ;l~~~; ~~;~ ~f~~ ~1;1; ~;; ~
!p~ESENT::CLEARWI\TER.:,COfN'~ENSM: LAND, USE:P.LAN, CLASS!FICATIPN; ;::H!i:T:!\;j:ii!i~:!!;:i;\:!:i::ij;;::!;;~;n:iiH!jHi:.;:Hi:;i:,:E;:i!
R
i REQUESTED ,CLEARWATER.COMPREHENSNE LANO:USE:PlANCLASSlFrCATrONn@:;~!:i!Hi!iii[!:;Hiji!,;i:i!ii>!!Hi:i!i::iHi+;i'!i
f< / 0 s .Ft>r sOfLthe".t\ orlioM. cJf ('() not i., t!Jf.t'sf; hwl~ P ~,. ~ rras.
i REASON, FOR,REQUESTz'HEU;i::'iUiiHii:HH\:iHHi!m:iHiiiiiHE,:m::m::ni!;!H:!H'j !:ii!H:li::i:!H!:W;;H:ni~i::m:iH:fi:H!!iiHi:ii;,!:ii::;H;H:'ii!in::U::W;i::iiiHi:!:iH:n:n:::j,jj:!: ,;;;
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CITY OF CLEARWATER
Cenltal PermIttIna Department
100 So. Myt1Ie A 'ft., 2" Floor
Phone (113)..5C-4567
Fax (813) .562-4!7'
DISCLOSURE OF JNI'ERFSI' STATEMENT
~PROPERTY, : ,.:..~f6~1Jit~~w.fu';ii<t<~ir!'~~~W.,r.&*l'<r'{tt~i~?:'(;,,;i:,!f:-:tA'it';tA"i.1.k~'!i~lf~(~~;,~,.~~r1i;t€~"'~:1'i"t.~'t<~!':V,4-~"'i
~i-h.t ~{ Cleo Y\.U:)..{e/ NAME:
AODRESS~, Box ttt4 ~ ADDRESS:
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CllY/STATEZltf ~ +==1 CITYIST A TElZIP
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!REPRESENTA nVE(S)njH!jii;!;1;H!~ir!!![t:,::;i:@~m:;i;i!:;;+';":::;:;i:;;:11;j111.':1'1':[:1 !:::,'!!i"'hii,:i:::,,,,,::;:: " ,j';:,;:;:, " ..........,... ............
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CITYISTA TEIZIP CITY/ST A TElZIP
iANYOTHER PERSONS HAVING'ANY ,OWNERSHJ FUNTEREST IN:THE SUBJECT:PROPERtY:ii:iHi!i;Hi;~m:i:::w:m:i,:;:!;,
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!tNDlCATION'AS:TQ ,WHETHER 'A'CONTRAC't EXISTS FOR SALE'OF:SUBJECT:PROPERTY:iJF,SO:WfiE:;,fiil;i1;'j';:H
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ALL PARTIES TO CONTRACT:
NAME: NAME:
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ALL PARTIES TO OPTION: NA
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NAME: NAME:
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PROPOSED REZONING AND LAND USE PLAN AMENDMENT
OWNER: City ofClcan\'ater 7.-97-08
LUP-97-07
ADDRESS: 2950 Drew Street PROPERTY DESCRIPTION: Sec. 8-29-16, M&B 44.01
LAND USE PLAN ZONING
FROM: Residential Medium RM 16 PROPERTY SIZE (ACllES): 31.4 Acres
TO: Recreation/Open OSIR and P RIGHT OF WAY: None ACRES
Space and
Preservation
ATLAS PAGE: 282B SEe: 08 TWP 29 S RGE: 16 E
~/::'PLANNING AND ZONING BOARD: AUimst 19. 1997 CITY COMMISSION: 'Novembcr6.'1997 ,
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ORDINANCE NO. 6172~97
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE
COMPREHENSIVE PLAN OF THE CITY, TO CHANGE THE LAND
USE DESIGNATION FOR CERTAIN REAL PROPERTY LOCATED
ON THE NORTH SIDE OF DREW STREET WEST OF
McMUllEN BOOTH ROAD, CONSISTING OF M&B 44.01 IN
SECTION 8.29S~16E. WHOSE POST OFFICE ADDRESS IS 2950
DREW STREET, FROM RESIDENTIAL MEDIUM TO
RECREATION/OPEN SPACE AND PRESERVATION;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the amendment to the future land use plan element of the comprehensive
plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate,
and Is consistent with the City's comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER. FLORIDA:
Section 1. The future land use plan element of the comprehensive plan of the City of
Clearwater is amended by designating the land use category for the hereinafter described
property as follows:
Prooerty land Use Cateaorv
See Exhibit A attached. LUP97~07 From; Residential Medium
To: Recreation/Open Space and Preservation
Section 2. The City Commission does hereby certify that this ordinance is consistent with
the City's comprehensive plan.
Section 3. ThIs ordinance shall take effect immediately upon adoption, subject to the
approval of the land use designation by the Pinellas County Board of County Commissioners and
subject to a determination by the state land planning agency or the Administrative Commission of
, the State of Florida, as appropriate, of compliance with the applicable requirements of the local
Government Comprehensive Planning and Land Development Regulation Act, pursuant to ~
163.3189, ,Florida Statutes. The Director of Central Permitting is authorized to transmit to the
Pinellas County Planning Council an application to amend the Countywide Plan in order to
achieve consistency with the Future Land Use Plan Element of the City's Comprehensive Plan as
amended by this ordInance
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
. READING AND ADOPTED
Rita Garvey, Mayor~Commlssloner
Attest:
Cynthia E. Goudeau, City Clerk
Ordinance No. 6172.97
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LEGAL DESCRIPTION
A tract. of land lying within Section 8t Township 29 South. Range 16 East. Plnellas
County, Florida and being more particularly described as follows:
Commence at the South % comer of said Sectlon 8; thence along the South line of the
Southeast % of said Section 8, S 89041'09" E. for 487.B3 feet; thence leaving said line, N.
01025'54" E. for 1289.21 Feet to the Point of Beginning; thence continue N 01025'5411 E,
for 50.01 feet to the North line of the South % of the Southeast % of said Section 8. said
line' also being the South line of Brigadoon of Clearwater, as recorded In Plat Book 91,
pages 35-37 of the public records of Pinellas County, Florida; thence along said line and
its Easterly extension thereof, S 89036'0610 E, for 2233.68 feet to the West right-of-way line
of Bayvlew Avenue (CR 61), as recorded in Official Record Book 5573. Page 342 of the
public records of Pinellas County, Florida; thence along said line, being 50 feet West of
and parallel to the East line of the Southeast % of said Section 8, S 00012'59" W, for
667.84 feet; thence leaving said line, N B9038'38" W, for 688.22 feet; thence S 00052'0611
W, for ,618.37 feet to the North right-of-way line of Drew Street as recorded in Official
Record Book 5573, Page 342 of the public records of Plnellas County. Florida; thence
along said line, being 50 feet North of and parallel to the South line of the Southeast % of
said Section B, N 89041'09" W, for 713.51 feet; thence leaving said line, N 00052'06. E, for
757.44 feet to an easement line described In Deed Book 1465, pages 95 and 97 of the
pubffc records of Pine lias County, Florida; thence along said easement line, N 24010154" E,
for 524.90 feet; thence leaving said line, along a line being 50 feet South of and parallel to
the North line of the South % of the Southeast 1/4 of said Section 8, N 89036'06" W., for
1047.80 feet to the Point of Beginning.
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,Exhibit A
Ordinance No. 6172.97
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PROPOSED REZONING AND LAND USE PLAN AMENDMENT
OWNER: City of Cle.1l'water Z-97-08
LUP.97-o7
ADDRESS: 2950 Drew Strcet PROPERTY DESCRIPTION: Sec, 8-29-16, M&B 44,01
LAND USE PLAN ZONING
FROM: Residential Medium RM 16 PROPERTY SIZE (ACRES): 31.4 Acrcs
TO: Recreation/Open OSIR and P RIGHT OF WAY: None ACRES
Space and
Prescrvation
A11..AS PAGE: 2828 SEC: 081WP 29 S RGE: 16 E
,:.r; ,': PLANNING' AND ZONING BOARD: AuguSt 19, 1997 . CITV COMMISSION: Novcmoor6.1997 '
Ordinance 6]72-97
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ORDINANCE NO. 6173~97
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE ZONING ATLAS OF THE CITY BY REZONING
CERTAIN PROPERTY LOCATED ON THE NORTH SIDE OF
DREW STREET WEST OF McMULLEN BOOTH ROAD,
CONSISTING OF M&B 44.01 IN SECTION 8-29Sw16E, WHOSE
POST' OFFICE ADDRESS IS 2950 DREW STREET, FROM
MULTI-FAMILY RESIDENTIAL MSIXTEEN- (RM-16) TO OPEN
SPACE & RECREATION (OS-R) FOR THE SOUTHERN
PORTION AND PRESERVATION (P) FOR THE WETLAND
AREAS; PROVIDING AN EFFECTIVE DATE.
wHEREAS, the amendment to the zoning atlas of the City as set forth In this ordinance Is
found to be reasonable, proper and appropriate, and Is consistent with the City's Comprehensive
Plan; now, therefore,
BE IT ORDAINED BY THE CllY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The forrowlng described property In Clearwater, Florida, is hereby rezoned. and
the zoning atlas of the City Is amended as follows:
Prope/'tll
Zoning District
See exhibits A and B attached.
(Z97 -08)
From: Multi-Family Residential 16 (RM-16)
To: Open Space & Recreation (OS/R)
for the southern portion
Preservation (P)
for the wetland areas
Section 2. The Central Permitting 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, subject to the
approval of the land use designation by the Pinellas County Board of County Commissioners and
subject to a determination by the state land planning agency or the Administrative Commission of
the State of Florida, as appropriate, of compliance with the applicable requirements of the Local
Government Comprehensive P!anning and land Development Regulation Act, pursuant to ~
163.3189, Florida Statutes. The Director of Central Permitting Is authorized to transmit to the
Pinellas County Planning Council an application to amend the Countywide Plan in order to
achieve consIstency with the Future land Use Plan Element of the City's Comprehensive Plan as
. amended by this ordinance.
Ordinane. No. '17J.'7
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PASSED ON FIRST READING,
PASSED ON SECOND AND FINAL
READING AND ADOPTED'
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A~proved as to form: '
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Leslie K. Oougall-Sld
Assistant City Attorney
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Attest;
Rita Garvey
Mayor-Commlssfoner
Cynthia E. Goudeau
City Clerk
Ordinanc. No. '113.'1
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LEGAL DESCRIPTION
for the Open Space/Recreation Area (OS/R)
A parcel of land being a portion of Section 8, TownshIp 29 South, Range 16 East,
Pinellas County, Florida, being more particularly described as follows:
Commence at the South ~ comer of said Section a; thence along the South line of
the Southeast % of said Section 8, thence S 89041'09" E for 487.83 feet; thence N
01025'54" E for 1289.21 feet, to the Point of Beginning; thence continue N
01025'54" E for 50.01 feet to a point on the North ilne of the South ~ of the
Southeast % of said Section 8, said line also being the South line of Brigadoon of
Clearwater, as recorded In Plat Book 91, Pages 35-37' of the Public Records of
Pinellas County, Florida; thence along said line and its Easterly extensIon thereof,
5 89036'06" E for 1140.42 feet; thence S 28016'29" E for 63.72 feet; thence S
18054'05" E for 89.85 feet; thence S 26010'34" E for 72.07 feet; thence S 39036'05"
E for 74.34 feet; thence S 29015'47" E for 53.77 feet; thence S 50024'j7" W for
109.89 feet; thence S 54012'23" Wfor 103.26 feet; thence S 35016'30" W for 42.37
feet; thence S 21012'45" W for 114.71 feet; thence S 32000'46" E for 53.38 feet;
thence S 83001'46" E for 106.15 feet; thence S 84032'36" E for 105.20 feej; thence
N 47037'03" E for 87.41 feet; thence N 40002'46" E for 49.1.2 feet; thence S
22036'13" E for 24.37 feet: thence S 02048'51" E for 23.4& feet; thence N 43006'13"
E for 17.07 feet; thence N 70015'38" E for 34.08 feet; thence N 01049'45" W for
34.04 feet; thence N 75030'1,5" E for 33.23 feet; thence N 67052'14" E .for 54.59
feet; thence N 56052'42" E for 70.10 feet; thence S 84029'50" E for 87.14 feet;
thence N 62006'39" E for 46.99 Jeet; thence n 78011'33" E for 72.80 feet; thence N
62043'17" E for 65.58 feet; thence N 74008'59" E for 76.92 feet; thence N
28003'10" E for 84.91 feet; thence N 65040'03" E for 57.~2 feet; thence S 46059'28"
E for 30.60 feet; thence S 26027151" E.for 78.60 feet; thence N 60018'~7" E for
52.83 feet; thence N 44018'20" E for 37.04 feet; thence N 45022'tI" E for 28.32
feet; thence N 84019'07" E for 36.90 feet; thence S 82010'23" E for 22.72 feet to a
point on the West right-of~way line of Bayview Avenue (C.R. 61) as recorded in
Official Records Book 5573, page 342 of the public records of Pinellas County,
Florida; thence along said line S 00012'59" W for 258.92 feet; thence N 42003'10"
W for 41.45 feet; thence N 86035'41" W for 24.89 feet; thence 5 02034'30" E far
80.91 feet; thence S 01057'47" W for 53.36 feet; thence N 89038'38" W for 637.80
feet; thence S 00052'06" W for 618.37 feet to a point on the North right-of-way line
of Drew Street as recorded In Official Records Book 5573, page 342 of the public
records of Pinellas County, Florida; thence along said North right-of-way line N
89041'09" W for 713.51 feet; thence N 00052'06" E for 757.44 feet to a point on an
easement line described in Deed Book 1465, pages 95 and 97 of the public
records of Pinel/as County, Florida; thence along said easement line N 24010'54" E
for 524.90 feet; thence leaving said line, along a line being 50 feet South of and
parallel to the North line of the South ~ of the Southeast % of said Section 8, N
89036'06" W for 1047.80 feet to the Point of Beginning.
EXHIBIT A
Documont No.6173.97
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PART 1
LEGAL DESCRIPTION
for the PreservatJon Area (P)
A parcel of land being a portion of Section 8, Township 29 South, Range 16 East, Plnelles
County, Florida, being more particularly described as follows:
Commence at the South % comer of said Section 8; thence along the South line of the Southeast
% of said Section 8, S 89041'09" E for 487.83 feet; thence N 01025'54" E for 1339.22 feet to a
point on the North Une of the 'South % of the Southeast X of said Section 8, said line also being
the South line of Brigadoon of Clearwater, as recorded In Plat Book 91, Pages 3&-37 of the public
records of Pinellas Countyl Florida; thence along said line and Its Easterly extension thereof, S
89036'06. E for 1140.42 feet, to the Point of Beginning; thence continuing along said flne S
89036'06. E for 1093.26 feet to the West right-of-way line of Bayvlew Avenue (C.R. 61) as
recorded In Official Records Book 5573, Page 342 of the public records of Pinellas' County,
Florida; thence along said line S 00012'59" W for 306.71 feet to a point being described as Point
.A"; thence N 82010'23 W for 22.72 feet; thence S 84019101" W for 36.90 feet; thence S 45022'11"
W for 28.32 feet; thence S 44018'20. W for 37.04 feet; thence S 60018'47" W for 52.83 feet;
thence N 26027'51" W for 78.60 feet; thence N 46059'28- W for 30.60 feet; thence S 65040'03"
W for 57.32 feet; thence S 28003110" W for 84.91 feet; thence S 74008'59" W for 76.92 feet;
thence S 62043'17- W for 65.58 feet; thence S 78011'33" W for 72.80 feet; thence S 62006'39"
W for 46.99 feet; thence N 84029'50" W for 87.14 feet; thence S 56052'42" W for 70.10 feet;
thence S 67052'14" W for 54.59 feet; thence S 75030'15" W for 33.23 feet; thence S 01049'45" E
for 34.04 feet; thence S 70015138" W for 34.08 feet; thence S 43006113" W for 17.07 feet; thence
N 02048'51" W for 23.48 feet; thence N 22036'13" W for 24.37 feet; thence S 40002'46" W for
49.12 feet; thence S 47037'03" W for 87.41 feet; thence N 84032'36. W for 105.20 feet; thence N
83001'46" W for 106.15 feet; thence N 32000'45" W for 53.38 feet; thence N 21012'45" E for
114.71 feet; thence N 35016'30. E for 42.37 feet; thence N 54012'23" E for 103.26 feet; thence N
50024'17" E for 109.89 feet; thence N 29015'47. W for 53.77 feet; thence N 39036'05" W for 74.34
feet; thence N 26010'34" W.for 72.07 feet; thence N 18054'05" W for 89.85 feet; thence N
28016'29" W for 63.72 feet to the Point of Beginning.
Containing 11.24 acres, more or less.
TOGETHER WITH PART 2:
A parcel of land being a portion of Section 8, Township 29 South, Range 16 Eastl Pinel1as
County, Florida, being more particularly described as follows:
Commence at the point described hereinabove as Point .A., said point being on the West right..of-
way line of Bayview Avenue (C.R. 61) as recorded in Official Records Book 5573, Page 342 of the
public records of Pinellas County, Florida; thence along said West right-of-way line S 00012'59" W
for 258.92 feet, to the Point of BeginnIng; thence continuing along said West right-of-way line S
00012'59. W for 102.21 feet; thence N 89038'38" W for 50.42 feet; thence N 01057'47. E for 53.36
feet; thence N 02034130"W for 80.91 feet; thence S 86035'4 f' E for 24.89 feet; thence S 42003'10"
E for 41.45 feet to the Point of Beginning.
Containing 626B square feet. more or less.
EXHIBIT B
ordln.nt. Ho. 'll)."
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PROPOSED REZONING AND LAND USE PLAN AMENDMENT
OWNER:
Cily of Clcamater
Z-97-f18
LUP.97-07
PROPERTY DESCRIPTION: Sec, 8-29-16, M&B 44.01
ADDRESS: 2950 Drew Street
LAND USE PLAN
Residential Medium
Recreation/Open
Space and
Prcserva li on
ATI.AS PAGE: 2828
J:,<PLANNING AND ZONlNGBOARD': Au' uSt19. 1997
FROM:
TO:
ZONING
RM 16
OSIR and P
PROPERTY SIZE ACRES: 31.4 Acres
RIGHT OF WA Y: None ACRES
SEe: 08 nvp 29 S RGE: 16 E
: CITY COMMISSION:.:Novcmber6.1997',' "
Ordinance 6173-97
"
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See Agenda Drawings
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ORDINANCE NO. 6193-97
9
AN ORDINANCE OF THE Cln' OF CLEARWATER,
FLORIDA, VACATING THE EASTERLY 2.5 FEET OF THE
5.0 FOOT UTILITY EASEMENT LYING ALONG THE WEST
SIDE OF LOT 14, BLOCK 60, MANDALA Y 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 or plat thereof as recorded in Plat Book
14, Pages 32-35 of the public records of Pine lias County,
Florida
is. hereby vacated. closed and released, and the City of Clearwater quitclaims and
releases all of its right, title 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
October 16, 1997
Rita Garvey
Mayor-Commissioner
Approved as to form:
Attest:
~.c:::::::: .-;;I
~\....::
John Carassas, Asst. City Attorney
-
Cynthia E. Goudeau, City Clerk
OrdInance No. 6193.97
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NOT TO SCALE
Exhi bi t "A"
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9
LEGAL DESCRIP710N OF EASEMENT TO BE VA CA TED:
The easterly 2.5 feet of the 5.0 foot utility easement Iyfng along the west
sid" of Lot 14# Block 60, Mandalay Subd/vls/on, according to the mop or plat
thereof os recorded In Plot 800k 14# Pages 32-35 of the Public Records of
Pinel/os County, Rodda.
Easterly 2.5' of Easement
Vacation Requested
b A lican!
Existing
Utility
Easemen t
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Lot. 2.
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S-T-R: 32-2BS-15E
Grid: 238A
THIS IS NOT A SURVEY I
PF AELZER/CONNOR
voc97-16.dwg
Drown by: PWD
Dote: 9/9/97
Ordinance 6193-97
- --
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ORDINANCE NO. 6197-97
10
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA
AMENDING SECTION 20.35 TO REQUIRE CERTAIN
MAINTENANCE OF THE SIDEWALK PORTION OF RIGHT-OF-
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 l:1djacent 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 accumuli,ltlons.
****
(2) On abutting rights-of-way. The owner of any real property abutting any dedicated
right-of-way 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,
bicycle path, curbline or edge of pavement of an improved right-of-way by more than four inches.
In addition to the above requirements. the property owner shall keep the sidewalk portion of the
rioht-of-wav clear of trees. shrubs. and other vegetation bv providino a side clearance of at least
two feet from the edoe of the sidewalk pavement and a heloht clearance of at least eloht feet
from the sidewalk pavement measured verticallv from the pavement surface. Exceptions to the
recuired clearance of elaht feet mav be made for trees deemed bv the Urban Forester to have
environmental significance. Trimmina in excess of 30 percent or removal of trees will reoulrs a
pennit 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
Attest:
Leslie K. Dougall-Sid s
Assistant City Attome
Cynthia E. Goudeau
City Clerk
Ordinance 110. 6191-97
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ORDINANCE NO. 6197-97
10
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA
AMENDING SECTION 20.35 TO REQUIRE CERTAIN
MAINTENANCE OF THE SIDEWALK PORTION OF RIGHT-OF-
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 accumuli;ltions.
..**
(2) On abutting rights-of-way. The owner of any real property abutting any dedicated
right-of-way 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,
bicycle path, curbline or edge of pavement of an Improved right-of-way by more than four inches.
In addItion to the above reauirements. the property owner shall keep the sIdewalk portion of the
right-of-wav clear of trees. shrubs. and other veoetation bv providina a side clearance of at least
two feet from the edae of the sIdewalk pavement and a height clearance of at least elaht feet
from the sIdewalk pavement measured vertlcallv from the pavement surface. Exceptions to the
reaulred clearance of eight feet may be made for trees deemed bv the Urban Forester to have
environmental significance. Trimmintl in excess of 30 percent or removal of trees will reaulre a
permit as specified In Chapter 52. Tree Protection. of the Citv Code.
SectIon 2. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FrNAL
READING AND ADOPTED
October 2. 1997
Rita GalVey, Mayor-Commissioner
Leslie K. DougaU-Sld s
Assistant City Attorne
Attest:
Cynthia E. Goudeau
City Clerk
Ordinance No. 6191.91
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-
"
ORDINANCE NO. 6201~97
\ \
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
ANNEXING CERTAIN REAL PROPERTY LOCATED WEST OF
HIGHU\ND AVENUE AND OTTEN STREET, CONSISTING OF
LOT 2, TERRA-ALTO SUBDIVISION, WHOSE POST OFFICE
ADDRESS IS 1487 OTTEN 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 CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following-described property Is hereby annexed into the City of Clearwater
and the boundary lines of the City are redefined accordingly:
lot 2, Terra~Afto Estates, according to the plat thereof, as recorded in
Plat Book 45, Page 5. of the public records of Pine lias 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-ofHway 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 Permitting 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 Countyt 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
October 16, 1997
Rita Garvey
Mayor-Commissioner
Approved as to form:
Attest:
Cynthia E. Goudeau
City Clerk
.
OrdInance No. 6201-97
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PROPOSED ANNEXATION
LAND USE PLAN CLASSIFICATION AND ZONING
OWNER: Brenda M E\'3l1S A.97-1J
ADDRESS: 1487 Otten Stred 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 RIGHT OF WAY: None ACRES
A11.AS PAGE: 261A SEe: 02 TWP 29 SRGE: UE
~&tPCAN.NINGANlfZONlNG;nOARn;:oaoocr;1;;:1991;\'~~W },1tJ~I~' 'Vi:''l<.f':-}crry, 'COMMISSION ';~'octotief1fi "I 99r'^'x'" "",:~, , .
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EXHIBIT A
Ordinance 6201--' 97
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ORDINANCE NO. 6202-97
\~
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE ZONING ATU\S OF THE CITY BY ZONING
CERTAIN REAL PROPERTY LOCATED WEST OF HIGHLAND
AVENUE AND OTTEN STREET. CONSISTING OF LOT 2,
TERRA- ALTO SUBDIVISION. WHOSE POST OFFICE ADDRESS
IS 1487 OlTEN STREET, UPON ANNEXATION INTO THE CITY
OF CLEARWATER, AS SINGLE-FAMILY RESIDENTIAL ~EIGHT"
(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:
Prooerty
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 Pine lias
County, Fl (A97-11)
Single-Family Residential"Eight~ (RS-8)
, Section 2. The Central Permitting 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.6201w97.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
October 16. 1997
Rita Garvey
Mayor..commlssloner
Approved as to form:
Attest:
Cynthia E. Goudeau
City Clerk
Document No. 6202.97
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CHURCH
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PROPOSED ANNEXATION
LAND USE PLAN CLASSIFICATION AND ZONING
OWNER: BrendaM Evans .-\-97-11
ADDRESS: 1487 Otten Street PROPERTY DESCRIPTION: Terra Alto Subdivision Lot 2
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LAND USE PLUi ZONING
COUNTY: Residential Urban R.3 PROPERTY SIZE (ACRES): 0.16 Acres
TO: Residential Urban RS8 RlGHT OF W A ~: None ACRES
ATLASPAGB: 261A SEe: 02 1WP 29 S RGE: IS E
~l'tANNIN'GiAN1tZ(jNING,:'BOARDfo:a'ooe.r'7;;1"7ilUfPi ~~;~P:~~P~cm"COMMlSSION;';<:'oaQ:6'Cft6'''lm'~~::;.,'':''''<'''~'' '.,..,
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Ordinance 6202-97
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ORDINANCE NO. 6204-gr
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 QUALfFfCA TIONS 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 BROWNFJELDS
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 COMMISSJON OF THE
CITY OF CLEARWATER, FLORIDA:
read:
Section 1. Sections 2.241 through 2.246, Code of Ordinances, are created to
Sec.2.241 Creation; membership.
(1) There is hereby created the brownfields advisory board of
the City of Crearwater.
(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 Pineflas County and
need not be residents of the city.
Drdtnancp No, 6204.97
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(3) Appointments shall be for fuui~yqar terms, 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
officers 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 include 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
performance 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
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(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 appointment 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 term 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
October 16. 1997
Rita Garvey
Approved as to form:
Attest:
Cynthia E. Goudeau
City Clerk
Ordinance No. 6204.97
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ORDINANCE NO. 6206~97
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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
O~tnh~T 1ht lQQ7
Rita Garvey
Mayor-Commissioner
Approved as to fcnn:
Attest:
Leslie K. Dougall-Si e ,
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance 6206.97 '
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Il. cf.97
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INTEROFFICE MEMO
(5
To: Mayor and City Commissioners
From: George E. McKibben, Purchasing Manager
Copies: Michael J. Roberto, City Manager
Cynthia E. Goudeau, City Clerk
Subject: Purchases to be approved at the November 6, 1997, City Commission Meeting
Date: October 29, 1997
A. The following items arc purchases included in the approved 1997/98 budget. All recommended
vendors arc the lowest most responsive bidders in accordance with the specifications unless a specific
exception is noted.
1. Extend the annual contract in the estimated amount of$289,732.91 with Tempaco of Pine lias,
Clearwater, Florida, for the purchase of miscellaneous gas repair and installation materials during the
contract period January 1, 1998 through December 31, 1998 for utilization throughout the gas system by
Clearwater Gas. This is the second and final renewal of the contract as authorized by the terms of the 1995
bid. Service and materials received during the previous contract periods have been satisfactory.
Appropriation code: 423-00000-142105-000-000. Inventory will be charged to operating code 423-
0206X-531100-532-000. (Clearwater Gas System)
2. Award a contract to Crane Carrier Corporation, Tulsa~ Oklahoma, for the purchase of three 1998 Crane
Carrier rear loader refuse collection vehicles at a cost of $336,21 0.00 and one 1998 Crane Carrier side load
refuse collection vehicle at a cost of$132,393.00 for a total award of $468,603.00, for utilization
throughout the City by the Solid Waste Department. Pricing for rear load units only is from City of
Clearwater bid 36-97, awarded by City Commission on March 6, 1997. Pricing for automated side load
unit only is from City of Clearwater bid 88-96, awarded by City Commission on March 28, 1996. Crane
Carrier Corporation has agreed to extend Clearwater bid pricing through December 31, 1997. Funding to
be provided under the City's Master Lease Purchase Agreement. Appropriation codes: 315-94227-
564100-519-000. Debt service codes: 566-06612-571300-519-000 (Principal), and 566-06612-572300-
519-000 (Interest). (General Services)
3. Extend the annual contract with M.T. Deason Company, Inc., Birmingham, Alabama, for the purchase
of yellow P.E. 2406 polyethylene pipe and fittings at an estimated cost of $185,768.20 for the contract
period November 7, 1997 through November 6, 1998, for utilization throughout the gas system by
Clearwater Gas. This is the second and final extension of the contract authorized under the terms of the
1995 bid. Service and materials received during the previous contract periods have been satisfactory.
Appropriation code: 423-00000-141120-000-000. Inventory will be charged to project 315-96370,
PinelIas Phase II New Gas Mains. (Cleanvater Gas System)
4. Award a two year contract to Ward Oil Company, Inc., Tampa, Florida, for the purchase of diesel fuel
delivered via tank wagon during the contract period December 16, 1997 through December 15, 1999, at an
estimated cost of$40,000.00, for utilization throughout the City by Water Pollution Control. Exception to
Bid under Section 2.564 (l)(d), Code of Ordinances - Pinellas County Purchasing Cooperative bid 967-
0743-B (MP). Appropriation code: 421-01351~550400-535-000. (Engineering)
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5. Award a two year contract to Petroleum Traders Corporation, Fort Wayne, Indiana, for the purchase of
unleaded fuel delivered via transport during the contract period December 16, 1997 through December] 5,
] 999, at an estimated cost of $550,000.00, for utilization by departments obtaining fuel at the Countryside
Fire Station and Solid Waste facilities. Exception to Bid under Section 2.564 (1)(d), Code of Ordinances -
Pinellas County Purchasing Cooperative bid 967-0743-B (MP). Appropriation code: 566-06611-550500-
5] 9-000. (General Services)
6. Award a two year contract to Mansfield Oil Company, Gainesville, Georgia, for the purchase of diesel
fuel delivered via transport during the contract period December 16, 1997 through December 15, 1999, at
an estimated cost of $800,000.00, for utilization by departments obtaining fuel at the Countryside Fire
Station and Solid Waste facilities. Exception to Bid under Section 2.564 (1)(d), Code of Ordinances -
Pinellas County Purchasing Cooperative bid 967-0743-B (MP) Appropriation code: 566-06611-550500-
519-000. (General Services)
7. Award an annual contract to Ferrell Gas, Pinellas Park, Florida, for the purchase of propane during the
contract period November 7, 1997 through November 6, ] 998, at an estimated cost of $200,000.00, for
resale by Clearwater Gas System. Exception to Bid under Section 2.541, Code of Ordinances - Item for
resale. Appropriation code: 423-00000-142130-000-000. Inventory will be charged to operating code
423-02078-531200-532-000. (Cleanvater Gas System)
8. Award a contract in the amount of$35,394.00 to Roll-a-way Shutters, Saint Petersburg, Florida, for the
purchase and installation of storm shutters at the City's Emergency Operations Center and Police
Communications Center in the Police Headquarters Building. Appropriation code: 315-91220-563600-
525-000. (Fire Department)
9. Award a contract to Electric Supply of Tampa, Tampa, Florida. for the purchase of marina utility power
center pedestals in the amount of $40,850.00, for installation at the Clearwater Marina. Appropriation
code: 315-93413-563800-575-000. (Marine)
10. Award a contract in the estimated amount of $20,500.00 to GTE Communications, Saint Petersburg,
Florida, for the purchase and installation of Nor star Key Telephone Systems for utilization at Fire Stations
#2. 4, 5 and 6, and at the Water Pollution Control Northeast Plant. Funding to be provided through the
City's master lease/purchase agreement. Appropriation code: 315-94738. Debt service codes: 555-
09861-571300-582-000 (Principal) and 555-0986] -572300-519-000 (Interest). (Information
Management)
II. Award a contract in the amount of$15,800.00 to Sprint of Florida, Tampa, florida, for the purchase
and installation of a PBX Remote Fiber Shelf for utilization at Fire Station # 1. Exception to Bid under
Section 2.564 (1 )(e), Code of Ordinances - Impractical to bid (Standardization). Funding to be provided
through the City's master lease/purchase agreement. Appropriation code: 3] 5-94738. Debt service
codes: 555-09861-571300-582-000 (Principal) and 555-09861-572300-519-000 (Interest). (Information
Management)
12. Award an annual contract to Pinellas Heating and Air Conditioning, Cleanvuter, Florida, in the
estimated amount of $50,000.00, for installation of gas referenced jobs throughout the gas system during
the contract period November 7, 1997 through December 31, 1998. Exception to Bid under Section
2.541, Code of OrdinWlces - Items for Resale. Appropriation code: 423-02068-531] 00-532-000.
(Clearwater Gas System)
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13. Extend the annual contract with Spartan Oil Company, Tampa, FloridaJ in the estimated amount of
$762,900.00, for the purchase of fuel for resale at the Clearwater Marina during the contract period
, January 1 J 1998 through December 31, 1998. Spartan Oil Company has provided satisfactory products
and service during the previous contract period. Exception to Bid under Section 2.541, Code of
Ordinances M Items for Resale. Appropriation code: 432M01371 M531 000-575-000. (Marine)
14. Award an annual contract to M.T. Denson Company, Inc., Birmingham, Alabama, in the estimated
.amount of $129,735.71, for the purchase of3408 high density black polyethylene pipe and fittings for
utilization throughout the gas system by Clearwater Gas during the contract period December 1, 1997
through November 30, 1998.' Appropriation code: 423-00000-141100-000-000. Funding is available
through recent issue of the Gas bonds. The appropriate capital projects will be established at the first
quarter budget review. (Clearwater Gas System)
Funding for the above referenced purchases is included in the FY 1997/98 Budget. Additional funding
needed for debt service or the FY 1998/99 or other contract period will be requested in the appropriate
departmental budgets as recommended by the City Manager.
"
Tina Wilson, Budget Director
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Item #16
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Clearwater City Commission
Agenda Cover Memorandum
\ (p Item #: i' ',,', :<,':>':::i.:' :
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Meeting Date: ;lli r.o '.W
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SUBJECT:
Request For Authority To Pay Michael Dandeneau, Claimant, Workers' Compensation Benefits In The
Amount Of $38,500.00.
RECOMMENDA liON/MOTION:
Approve payment of $38,500.00 for adjustment of permanent total benefits, (including principal,
penalties and interest) from August 1, 1988 through October 3, 1997.
I!l and that the appropriate officials be authorized to execute same.
BACKGROUND:
Claimant, a Police Communication Operator, sustained a work related back injury on September 22, 1987,
which ultimately resulted in the Claimant receiving a work-related disability pension and workers'
compensation permanent total disability benefits.
Section 440.02(21), FI. Statutes(Workers' Compensation Act) requires inclusion of certain fringe benefi\s in the
computation of the average weekly wage and compensation rate, which were not included in the Claimant's
permanent total workers' compensation benefits prior to October 3, 1997.
Risk Management Staff has calculated the correct sum due the Claimant for back workers' compensation
benefits, penalties and interest as the sum of $38,500.00. The Risk Management Staff and the City's Claims
Committee recommend that these benefits be paid at this time.
Reviewed by:
legal
Budget
Purchasing
Risk Mgmt.
IS
ACM
Other
$38,500.00
Tolal
$30,500.00
Current Fljcal Vear
Commission Action:
o Approved
o Approved w/Condltlons
o Dented
o Conl1nued to:
Originating Department:
FINANCE I RISK MANAGEMENT
~.b
User Department:
Costs:
City Manager
o Printed on recycled paper
Adverthed:
Date:
Paper:
o Not Required
Affected Parties:
o Notified
o Not Required
Funding Source:
o Capltolllmprovementl
o Operolt1ngl
o Other: CIF
Attachments:
Submitted by:
Appropriation Code
590.07000-545800-519-000
o None
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Goudeau, Cyndie
From:
Sent:
To:
Subject:
Marcin, Jon
Wednesday, October 29, 199710:34 AM
Goudeau, Cyndle
RE:
Cyndle, He receives $1,752.98 per month In permanent total disabUltv benefits. His medical benefits vary, and I
don't know how much Is paid on average as those payments are made by our service co. I Gallgher Bassett. If you
need something definitive on medical payouts let me know and I'll request from Gallagher.
Jon
, From: Goudeau, Cyndle
Sent: Wednesday, October 29,199710:02 AM
To: Marcin, Jon
Cc: Simmons, Margie
Subject: RE:
Jon - do we know what he Is receiving per month or year? How much Is this costing the City per month or
year? Just need as back up for the CM in case the CC asks.
From:
Sent:
To:
Cc:
Marcin, Jon
Wednesday, October 29.19979:55 AM
Goudeau, Cyndle
Simmons, Margie
Margie aaked me to clarify the agenda item on Dandeneau. The payment of $38,500 Is only for back
benefits owed, and does not affect his entitlement to ongoing permanent total disabllity benefits and
medical benefits, both of which are provided for life. If you need any additional information, please let me
know. Thanks.
Jon
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Clearwater City Commission
Agenda Cover Memorandum
\ '1 Item#,
Meeting Dale:
\\.C;,Q7
SUBJECT: Public Relations Program for the Clearwater/Nagano Hospitality Center Project To Be
Conducted by AZ Planning of Tokyo, Japan
RECOMMENDA TION/MOTION:
Approve an Amendment to Contract with Total Event Management to Add Management of the Japanese
Publ ic Relations Program for the Clearwater/Nagano Hospital ity Center Project in an Amount Not to
Exceed $154,500
lEI and that the appropriate officials be authorized to execute same.
BACKGROUND:
. In july, 1997, the City of Clearwater was awarded a grant from the State of Elorida for $750,000 to fund
the Clearwater/Nagano Hospitality Center during the 1998 Winter Olympics in Nagano, Japan.
. The St. Petersburg/Clearwater Area Convention and Visitors Bureau has given an additional $100,000 to
the Clearwater/Nagano Hospitality Center Project which must fund wayfinding maps and informational
brochures which will be distributed in japan to Olympic visitors. The creative design, printing, and
distribution of these items is to be included in this amendment.
. The scope of the public relations program for the Clearwater/Nagano Hospitality Center Project includes:
1) Print production - Promotional printing of brochures, way finding maps, posters, postcards
and invitations with creative design of these items to include the languages of japanese,
French, and English.
2) Promotional events -The implementation of promotions in Nagano, japan, before and during
the 1998 winter Olympic Games. This will include at a minimum three large scale
promotions - a grand opening promotion, an Olympic T-shirt auction, and a visitor welcome
to the games promotion.
3) International television show development and production - The development of a television
program informing and entertaining the international audience about Clearwater, Florida
Department of Citrus products, and the state of Florida as a vacation destination.
4) Ongoing international press management - Providing various press information needs in
TokYD and Nagano, Japan, to include the monitoring of media exposure and press mentions
regarding the Center and its' purpose.
Reviewed by:
Legal
Budget
Purchasin&
Risk Mgml.
IS
ACM
Other
Originating Department:
Information Manageme~
User Department: ~
Information Managemen
Costs:
$154,500
Commission Action:
o Approved
o Approved wlConditlons
o Denied
o Continued to:
Total
$154,500
Current Fiscal Year
Submitted by:
yi1:r'i- @i)
Advertised:
Date:
Paper:
o Not Required
Affected Parties:
Funding Source:
o C.lpll.l1lmprovemenl:
o Oper.lU"lll
o Olher: Spec Projects Fd
Attachments:
Appropriation Code
181.99942 $54,500
181.99929 $100,000
City Manager
o Notified
o Not Rrqulred
o None
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5) Awareness research - The development in cooperation with the State of Florida and City of
Clearwater of benchmark and top-of-mind awareness of the State of Florida and Clearwater
as a potential travel destination with the international visitor.
6) On site marketing assistance - Facilitation of communication with constituency groups in
Japan on behalf of the project as needed. Examples of this would be the presentation of final
creative to the Nagano Olympic Committee and the Nagano City government.
· As stated in the agenda item in which the City Commission approved acceptance of the State of Florida
grant, this project has a very short time frame and, due to this fact, the City Manager has certified to the
purchasing agent that an emergency exists in regard to the purchase of commodities and services for the
project and that a'delay incident to giving opportunity for competitive bidding would be detrimental to the
interest of the City. Therefore, it has been determined that it is impractical to bid for the promotional
services/public relations program for this project.
. Funding in the amount of $54,500 is currently available in project 181-99942 for this program. Pinellas
County is providing the additional $100,000 which will be reflected in a first quarter amendment in project
181-99929. The Pinellas County Board of County Commissioners approved this allocation in their August
19, 1997 meeting. '
AMENDMENT AVAILABLE IN CITY CLERK DEPAR~rnNT
"
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AMENDMENT TO
CONTRACT FOR CONSUL liNG SERVICES
\1
this Amendment to Contract for Consulting Services entered into this
day of
I 1997, between Cindy Bowling, d/b/a Total Event Management Group rTEM")
and City of Clearwater, Florida, a municipal corporation rCity").
WHEREAS, TEM and City entered into a Contract for Consulting Services on July 17,
1997; and
WHEREAS, TEM and City agreed to amend such contract under the terms and
conditions stated herein;
NOW THEREFORE, in consideration of the mutual promises contained herein, the
parties agree as follows:
1. TEM and City agree to amend the Contract for Consulting Services to include
that Project Scope of Work for AZ Planning and the budget proposal for AZ Planning as
described in exhibit A, Pages 1 and 2 of this Amendment.
2. All other terms and conditions of the Contract for Consulting Services not
referenced in this Amendment shall remain In full force and effect.
IN WITNESS WHEREOF, the City and TEM have executed this Agreement on the date
first above written.
Countersigned:
CITY OF CLEARWATER, FLORIDA
Rita Garvey, Mayor..commlssioner
By:
Michael J. Roberto, City Manager
Approved as to form and
legal sufficiency:
Attest:
John Carassas, Assistant City Attorney
Cynthia E. Goudeau, City Clerk
TOTAL EVENT MANAGEMENT GROUP
/~n,
By. ( cr "
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S:/agreementnem amond
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Project scope of work for AZ Planning
11Ic f'oUowfut daealta arc 'KIucfe4 ha U. Ptaa-CftR JCOPC of work 'It 1!tppOI'I III tbe
Cearw.krlNacuo JfofpItdtCy ecate,.
Print production:
~tIG..1 priarittl" brocb_m:, -If flddle!1 DUlp" pant.... tw>>UW'dt aad Iatltadoat wftJl
cauClvl dedp oIdatte iHa. to Include"" lJUCDlr,a ~ J~. PradlIDd b&lldl.
Promotional Events:
n.: i..plttato1ation or promodont 'A Naguo. lapl" bdcre Md darfaa IH un Wilte.- Ol,.pfc
GuoeL 'D1I.I will..... d . tldllbnal t~ 1U'r;t tta&e p1-.ollou . A 6Nft4 0jJathtJ PnJrnadOd.
MId OlJlrtpk f.$Mtt Aacdo. Promotloe ad . Kdt.". WelcotM to. GtIDCt Pmnotloa.
Intsmatlonal Television Show Devetopment and Production:
1k 4cYd0flll- 01. tt1cYbIoIt Pl'6lrallllaf~..'" at<<tUdsctH laCtnaiOlfd .wd~
aboIar ac..n.....1Iorl4I D<<plrtcaat ~ Citn.l ,rodactI..d tk State at I10ridt .. . ~alJoca
~atloa.
Ongoing International Preas Management
.rovtdJq varIaaa Pms Info_ado. ft<<4j la Talq. aDd NlPlOt s.p.a to h~dadc fJ.Ie lUouUO"I'1 fA
media ~ ad ,reII aeadoas rtptdlrSl tlc Calla' lad ftI'.,.rpl&
Awareness Research:
'!be 4nrc1o;1.cat It, UIOPCntIoa wit, Ibe Star.c or h~ M4 tItt 0<<)' et Ckanntcf' "lJa3c:1mwtl
.... tap-crf'..w aWUCDCII of Che State of J'IorUa ~d Cleanrata' u . potcadal u.d dutlutlola
_IA tM htte~d wtJIIer.
On Site Marketing assistance:
~'Wm.I&ts wiD fadUfatc COIIDukadoa 'ftIth CODStt~ J"IUPI ill Japaa 011 bdualt of tile
,roJect .. MC:4td. Zumflti fit.... woeHlM: tke praataCIM 01 ft... creath.. to the Nqao
0I)mpk Com~ I&dd the Hac.. Clt,&oWnunarL
EXHIBIT "Au
Page 1 of 2
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Clearwater CIty Commission
Agenda Cover Memorandum
\ 8 lIem H:
Meeting Date:
jJ'~<Q.q 7
SUBJECT:
COMMUNITY NOTIFICATION PROJECT
RECOMMENDATION/MOTION:
Award a contract to A TS, a Division of A VTEC, INC., for the Cityts Community Notification Project
equipment, at a cost not to exceed $32,900.00; this being the most responsive bid in accordance with
the specification of RFP 185-97,
I!I and that the appropriate officials be authorized 10 execule same.
BACKGROUND:
. At the present time, the City has no quick way of recalling its own employees in an emergency or of
notifying the public of safety advisories, meetings and other community information. The computer
hardware and software associated with this project will allow rapid communication with the public and
City staff.
. The major applications of this system would include the ability to notify a specific group of citizens, such
as, crime watch, merchant and neighborhood groups, staff and other agencies, of upcoming meetings.
Media alerts could be disseminated via fax or voice messaging to specified news agencies. The public
would have the ability to request faxed information or application forms without visiting a City office. This
could include employment applications, city license applications, special events permits, City ordinances,
and City event schedules. This system will enable mass paging and voice notification to businesses,
citizens, and City staff with information on crimes or other public safety issues, such as, evacua~ions from
flooding, water 9r gas leaks, hazardous material spills, fires or barricaded subjects. Senior citizen welfare
can also be addressed through the use of this system's voice verification capabilities.
: Reviewed by:
: legal
Budget
Purchasing
Risk Mgmt.
IS
ACM
Other
$ 32,900.00
Total
$32,900.00
Current Fiscal Vear
Commission Action:
o Approved
o Approved w/Conditions
o Denied
o Continued to:
Originating Department:
~~~.L.:
Us~epartment:
FIRflP~A'~
Costs:
('A:s~~
Advertised:
Date: Aug. 0,22, 1997 & Aug. 1,
15, 1997
Paper:Warfleld's Tpa Bay Rev. &
Tampa TrIbune
o Not Required
Affected Parties:
Funding Source:
IKI ~p1tJllmproYemenll
o OperJtlnSI
IKI Other: Spec. Proj. Code
Attachments:
Submitted by:
Appropriation Code
315.91220.564000.525.Q00 & '
1 B 1.99329.5 64000.521.QOO
City Mana&u
'0 Printed on recycled p;lper
I8l Notified
o Not Required
o None
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Community Notification Project
Page 2
l~
. This project will include the necessary hardware and software to implement an automatic dialing system
capable of making sixteen (16) simultaneous telephone or pager notifications. This will allow up to 1280
notifications per hour (an average message being 30 seconds in length).
. This project is a joint project between the City of Clearwater and the City of Dunedin. Both cities will be
purchasing compatible systems that will have the ability to be interconnected for additional calling
capabi I ities.
The responses to RFP 185-97 were evaluated against the RFP criteria with listed results below:
Company Background
References
Design
Functional ity
Cost
Sigma Micro/REV 911
7.00
25.00
10.13
18.13
21.88
82.14
ATS
8.88
25.00
14.00
23.75
23.50
95.13
. $32,000.00 will be funded by using capital improvement code: 315-91220-564000-525-000; and the
remaining $900.00 will be funded by charging special project code, Investigative Cost Recoveryl 181-
99329-564000-521-000.
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Clearwater CIty Commission
Agenda Cover Memorandum
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Mel!ling Date:
:.U ....:'6~q'7";
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SUBJECT:
THE POLlCE DEPARTMENTS FIBER OPTICS PROJECT
RECOMMENDA liON/MOTION:
Award a contract to Bay Resources Inc. for the Police Department's fiber optics radio tower link project at a cost not to
exceed $186,189.80; this being the most responsive bid in accordance with the specifications of RFP 160-97,
00 ilnd lhat Ihe appropriille officials be aUlhorlzed 10 execule same.
BACKGROUND:
. At the present time, the City is operating an 800 MHz Ericsson Radio System. The transmission site is located in the
southwest quadrant of the City on Young Avenue, and the main radio switch is located at the new police headquarters on
Pierce Street. The City is presently leasing multiple communications circuits from GTE that are subject to inclement
weather and accidental disconnection which could cause the radio system to fail. The GTE circuits presently cost the City
$5,500.00 per year to lease. Upon implementation of the fiber optics cable, a reduced number of GTE communications
circuits will be maintained as a back-up system. This project was initially addressed in the 1994/95 CIP budget with a
proposed Microwave Radio Link, but that link was found to be impractical and was changed to the present Fiber Optics
Project. This upgrade will support all City radio users.
. Fiber optic cabling would provide a more secure connection and reduce the possibility of the failure of the radio system
due to inclement weather and hurricanes. The proposed conduit configuration will allow for future expansion and use by
other City departments, such as Traffic Engineering or Parks and Recreation for Future data needs in the southwest portion
of the City.
. The responses to RFP 160-97 were evaluated against the RFP criteria with the below listed results:
Company Background
References
Design
Cost
10%
25%
15%
50%
100%
Bav Resources
8.33
19.00
12.00
40.00
79.33
GTE
6.16
22.00
5.50
30.00
63.66
. The project will require additional costs of $3500 to connect the fiber optic cables to the City's radio equipment.
. Although GTEls bid was lower by $21,500.00, GTE proposed a route unacceptable to the City and contrary to the RFP
requirements and proposed an indemnification clause which would weaken the City's position therefore the Bay Resourses
bid was more responsive to the needs of the City.
Reviewed by:
Ltlll
Budlel
Purchuin,
RlslcMII1lI.
IS
ACM
Olher
Originating Department:
-(J':;/!~
User Department:
i1
Costs:
Commission Action:
$ 189,689.80 0 Approved
Tolll [J Approved ",IConditlons
$ 189,689.80 CI Dr.nleo:l
Current EIKII Yeu [J Conllnued 10:
Funding Source:
o Clpll.lllmprovmlr.Ill:
[J Operlllns:
[J Olhet'1
Attachments:
Advenlsr.d:
Dlle: Junl! 2711111y 2, 1997
Plper:Wlrfleld'l ToIm~ BlY Review Ind
Tamp.. Tribune
Evaluation Docul1lMI
Submitted by;
, (Vt -S ereJ
City Moal\ller
o Printed llll reqclcd P'pc1'
CI Nol bqlllred
Affected Parties:
[J Notlfied
[J Nol Required
ApproprlaHon Code
315.l)l1J7.S6400~52HIOO Ind
315-911 J7.54610~521.QOO
[J None
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Committee Meeting of the
Radio and Fiber Optics Project Team
July 22,1997
19
In attendance:
Captain Donn R. Githens, Pollee Department
Jim Albright, Police Department
Fred Belzel, General Services
Frank Bowler, Radio Shop
George Denty, Infonnatton Management
Terry Jennings, Engineering
Bill Kleinsorge, Finance
Two (2) responses were received for the RFP #160-97, "Police Fiber Optics Project".
The respondents were:
Bay Resources, Inc. Bid: ' $186,189.80
11880 28th Street N
S1. Petersburg, Florida 33716
GTE Communications Corporation Bid: $164,686.05
1907 US Highway 301 N
Tampa, Florida 33619
The Committee evaluated each proposal against the listed criteria in the RFP. These
factors, with their respective weights were:
10%
25%
15%
50%
100%
Each factor was discussed and each Committee member rated the two (2) responses.
The individual ratings were averaged. The results are listed below:
Company Background
References
Design
Cost
Bay Resources GTE
Company Background 8.33 6.16
References 19.0 22.0
Design 12.0 5.50
Cost 40.0 30.0
79.33 63.66
The major items discussed during the meeting were:
· GTE's bid was for a route that was not specified. The route was
clearly stated In the RFP and discussed In the Pre-Bid Conference.
The only leeway for the route was the side of the street to be used.
· GTE's proposal states "The directional bore will require soft locates of
the utilities at each road crossing. The locates will be done
concurrently with the directional bore installation." The RFP clearly
states, NAil utilities, private or public, shall be Identified and located
prior to beginning construction. This verification must be coordinated
with the city's Engineering. Department and Police
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Department prior to construction. this verification is the sole
responsibility of the Vendor. Bay Resource's response was exactly as
the RFP required. .
· System Test and Acceptance Plan: GTE qualifies thefr response by
stating, -rhe totallfnk loss of the single mode fiber and workmanship
shall be the only ftem considered In the acceptance eva~uation.. This
is unacceptable, since weak or bad signals would make the system
inoperable. Bay Resources did not qualify their response to this
section.
· ,GTE's proposal wants to modify the Indemnification Clause of the RFP
whfch will become part of any contract to be signed.
· GTE's proposal had a three (3) year installation warranty, whereas
Bay Resources offers a "Five (5) Year Labor and Matenals Warranty
on all Ortronlcs and Mohawk products being utilized as a result of work
performed on this proJect..
Based upon the scoring mechanism of the RFP and the five reasons listed above, the
Committee selects Bay Resources as the vendor for this project.
CIP Budget: $285,000.00
Bid: '$186,189.00
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19
TECHNICAL SERVICES AGREEMENT
THIS AGREEMENT is made this _ day of , 1997 by and
between BAY RESOURCES, INCORPORATED (sometimes called "we" or "Bay") and
the CITY OF CLEARWATER, CLEARWATER POLICE DEPARTl\mNT located at
645 Pierce Street in Clearwater, Florida 33756 (sometimes called 'you "or the "City ").
The Parties mutually agree as follows:
1. Instruments Incorporated Herein. We have received and read your Request for
Proposal, 160-97 for hardware and services for a Police Fiber Optic Project. (This
document is referred to herein as tIthe RFP. If) The terms and conditions of the RFP are
incorporated by reference in this Agreement and are made a part of this Agreement
without exception. In response to the RFP, we have submitted a written proposal to
furnish and install such a Police Fiber Optic Project for the Clearwater Police
Department. (This document is referred to herein as our "Bid Respollse".) The
provisions of our Bid Response are also incorporated by reference in this Agreement and
are made a part of this Agreement. We agree to comply with all promises, covenants,
warranties and representations contained this Agreement and well as those contained in
the RFP and the Bid Response.
2. Statement of Work. We will provide you the hardware and services for the Police
Fiber Optic Project (the "Work'1), as are set forth and described in the RFP. The RFP
also contains other specific terms and conditions that we are required to meet to fulfill
our obligations. Work is to commence within four (4) weeks of City Commission
action. Completion date will be within sixty (60) days of receipt of the required State
permit(s). The RFP and the Bid Response shall collectively be referred to herein as the
"Statement of Work".
3. Changes to the Statement of Work. When both of us agree to change the Statement
of Work, we will both sign a written description of the change. Changes in the
Statement of Work may affect the charges, estimated schedule, or other provisions.
Depending on the scope of the requested change, we may charge you for our effort to
analyze it. We win then give you a written estimate of the charges for the analysis. We
will do the analysis only on your written authorization.
4. Price. The total extended price (excluding tax) for the Work shall be $186,189.80 as
is more fully set forth in Section 11.7.8 of the Bid Response. You agree to pay the
price according to the terms in Section 15 of your RFP. The City of Clearwater is a tax
exempt entity.
. ... ~
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,
"
17
5. Payment. You agree to promptly pay us according to the payment schedule in the RFP.
If not, you agree to pay us interest on the unpaid balance from the due date, until fully
paid, at the rate of 1 % per month.
6. Our Representations. We warrant and represent that we have the corporate or other
necessary power and authority to make and perform this Agreement. The making and
performance of this Agreement by us has been duly authorized by all necessary
corporate or other action. Our doing so will not violate any provision of law of our
Articles of Incorporation or Bylaws.
7. Warranties. We warrant that we will perform the project services in a competent
manner and according to its current description contained in the Statement of Work.
The hardware and equipment we provide shall be new. We otherwise agree to comply
with the warranty provisions set forth in Section 15 of the RFP. We provide a limited
warranty that the hardware will be free from defects in material and workmanship for
a period of 1 year from the date of installation. If a component fails during this period
and such failure is caused by a defect in material and/or workmanship, then we shall,
at our option, repair or replace the failed component. This warranty shall become void
if the hardware is altered, repaired or moved by anyone other than us, our employees,
or agents. This warranty does not cover damage to the hardware caused by;
mishandling, abuse, improper storage or operation, accident or disaster, acts of God
such as fire and water damage. We do not manufacturer the hardware we sell to you.
We warrant and agree that you will be eligible for each manufacturer's standard
warranty (if there is one) that the manufacturer may provide for new hardware. Such
warranties will pass directly from the manufacturer to you. You also agree to comply
with the manufacturer's requirements as to the establishment and maintenance of the
manufacturer's warranty, and as to claims procedures.
THESE WARRANTIES REPLACE ALL OTHER WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
8. Complaint Resolution. You agree to notify us in writing as to any bona fide dispute
as to hardware or services at the time it arises. The notice will provide the details of
the complaint. We both agree to use our best efforts to promptly resolve the dispute
within 15 days.
, 9. Force Majeure. Our obligations hereunder shall be suspended to the extent and for the
period of time that it is hindered or prevented from perfonning because of acts of God,
fires, hurricanes, stormst water, unreasonable delays in transportation, governmental
action, or any other cause beyond our reasonable control.
10. Grant of Security Interest. You shall acquire title to the hardware when you pay us
in full, plus all applicable taxes. As long as any part of the price for the hardware and
services remain outstanding, we retain title to it and we shall retain a security interest
Page 2
.>
/9
in ,the hardware until all amounts due are paid in full. You agree to execute any
documents which are necessary to perfect our security interest in the hardware including
but not limited to a UCC-l form.
11. Non-Solicitation of Personnel. You agree that during the existence of this Agreement,
and for one year after that, you won't hire, or engage the services of our employees or
independent contractors involved with this project, directly or indirectly through
intennediaries organizations, in any manner, including as an employee, consultant,
independent contractor, competitor or otherwise. We may seek injunctive relief to
enforce this provision.
12. Indemnity
a. Patents and Copyrights. If any hardware sold and delivered hereunder is covered
by any patent, copyright, or application therefor, we will indemnify and save the
City of Clearwater, its elected or appointed officers, employees and agents harmless
from any and all loss, cost or expense due to any and all claims, suits, or judgments
on account of the use or sale of such goods due to Bay's violation of rights under
such patent, copyright, or application. Bay agrees not to violate or infringe any
trademark, patent, copyright, trade secret or any other proprietary right of another
thereon.
b. Save Hannless Clause. We agree to indemnify, hold harmless, and save and
defend the City, its elected or appointed officers, employees and agents, from and
against all claims, liens, liability, loss or damage including, but not limited to,
costs, expenses, and attorney's fees, which damage or injuries arise out of or in
connection with, directly or indirectly, our acts, omissions or negligence that may
aris~ out if this Agreement.
c. Items for Which Bay is Not Liable. Except as otherwise specified in Section,
BAY SHALL HAVE NO LIABILITY WITH RESPECT TO ITS
OBLIGATIONS UNDER THIS AGREEMENT FOR CONSEQUENTIAL,
EXEMPLARY OR INCIDENTAL DAMAGES EVEN IF IT HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO LIMIT A TION
AS TO DAMAGES FOR PERSONAL INJURY IS INTENDED.
13. Law. The prevailing party is entitled to reasonable attorneys' fees and costs in
enforcing its rights under this Agreement. Both Bay and the City expressly waive any
right to a jury trial in any lawsuit, proceeding or counterclaim between us arising from,
or based on, this Agreement or arising from our dealings or our relationships, so that
trial shall only be by the court.
THE CITY OF CLEARWATER REQUEST FOR PROPOSAL 160-97; ITS
ATTACHMENTS; THE WRITTEN PROPOSAL SUBMITTED BY BAY
RESOURCES INCORPORATED; AND TlDS INSTRUMENT;
Page 3
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II
COLLECTIVEL Y FORM THE COMPLETE AGREEMENT (THE
"AGREEMENT") BETWEEN US REGARDING THESE TRANSACTIONS.
THEY SUPERSEDE ALL PRIOR AND CURRENT NEGOTIATIONS,
COMMUNICATIONS, REPRESENTATIONS, AGREEMENTS, AND
UNDERSTANDINGS, ORAL OR WRITTEN, RELATING TO THEIR
SUBJECT MATTER. THE "AGREEMENT" MAY NOT BE DISCHARGED
OR MODIFIED EXCEPT BY AN INSTRUMENT IN WRITING SIGNED BY
BOTH PARTIES. THE TERMS OF THE AGREEMENT PREVAIL OVER
THE TERMS AND CONDITIONS IN ANY PURCHASE ORDER OR
INVOICE.
AGREED:
BAY RESOURCES, INCORPORATED
By: _~~--~/4/-~6t.
I 19nature
Rlell~,e?> ':V' ~~ V ~
Please Print Name
THE CITY OF CLEARWATER
By:
Title: 1/1 ee ,P ~
Michael J. Roberto. City Manager
Please Print Name
COUNTERSIGNED:
By:' .
Rita Garvey, Mayor-Commissioner
Date:
?>er: I~, 1997.
.
Date:
, 1997.
ATTEST:
Cynthia E. Goudeau, City Clerk
Approved as to Form:
~c~ ,
ohn Carassas, Assistant City Attorney
Page 4
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CLEARWATER CITY COMMISSION
Agenda Cover Memorandum
~o
Item #
Meeting Date 11 . G . ~ 'J
SUBJECT: Agreement for Covenant Running with Land for Landmark Drive Extension
RECOMMENDA TION/MOTION: Approve the Agreement for Covenant Running with the Land for
wetland mitigation activities located adjacent to Mullet Creek for the Landmark Drive Extension Project, as
required by the Florida Department on Environmental Protection Permit Number 522127013,
~ and that the appropriate officials be authorized to execute same.
SUMMARY:
. This agreement concerns the City's obligation under FDEP Pennit Number 52247133 to provide mitigation to offset
dredge and fill activities associated with the construction of Landmark Drive between Enterprise Road and the entrance
to Lake Chatauqua Park.
. The City will be required to perfonn maintenance and monitoring activities at the site until the mitigation is detennined to
be successful, notwithstanding that the pennit expires on June 23, 1998 .
. Upon the establishment of a successful mitigation planting site, the FDEP will execute a recordable release fonn to
terminate the City's mitigation obligation under this pennit.
AGREEHENT AVAILABLE IN CITY CLERK DEPARTNENT
Rllviewed by:
Orlginlltlng Dllpt.
Costa
Commillron Action
Legal ~
Budget N/A
PurchasIng N/A
Risk Mgmt. NfA
IS NfA
Engineering
Total
NfA
Approved
User Dept.
(Curront FYI
Approvod
w/condilions
Funding Source:
Cept. Imp.
Deniod
Engineering
Operating
Cont'd to
Advertiled:
OTHER
Other
ACM
Date:
ENG.
Paper:
Approprllltion Code[_1
A ttachmentl:
Not requirod: X
Submitted BV:
Affected parties
City Manager
Notifiod
Not RequIred X .
Landmark CovcnAllt
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Th\s document was prepared by:
"avid M. Younlt. EnvironmentAl Soccl.list n
Florid. Ocplrtment orEnvlronmental Protection
SLER ProRfIIn. Compliance and Enforcement Seetlo!]
Southwest DlIDI.:t Office
3804 Coconut Palm Drive
Tampa. fL 33619
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Permit No. 522127013, Pinellas County
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AGREEMENT FOR COVENANT RUNNING WITH LAND
In consideration of the City ofCleanvater's (lithe City") promises contained herein, and the Florida
Department of Environmental Protection ("Deparbnent") acceptance of the City's promise to enter into this
agreement as part of the reasonable assurances provided by the City in its application for the above designated
permit, the City and the Department agree as follows:
I. BACKGROUND
1. The City has submitted to the Department an application for, and the Department has issued,
Permit No. 522127013 (the "'pennit"J, authorizing certain dredging and fining activities in and adjacent to Mullet
Creek, a natural Class III Waterbody, io Sections 32 and 33, Township 28 South, Range 16 East, West of McMullco
Booth Road, south from Enterprise Road to Union Street, Clearwater, PineUas County. The pennit expires 00 June
23, 1998. The terms and requirements of the pennit are incorporated herein by reference.
D. MITlG~ TION REQUIREMENT AND ENFORCEABILITY
2. Specific pennit conditions require the mitigation activities of the area descn'bed in Paragraph 1.
which are located on certain land situated in Pinetlas County, in Clearwater, Florida. and which is more particularly
descn'bed as follows:
See Attached Legal Description {"Exhihit A .~
As required by Specific Condition Nos. 11.22,23,24,25.26,21,28,29. JO,lUld 31 oflhe permit, the City
acknowledges and agrees that its obligation to perfonn the mitigation required by the permit continues until the
mitigation is determined to be successful (as described below), notwithstanding that the permit expires on June 23,
1998.
3. This Agreement is enforceable as a contract or as an order of the Department
lli. DETERMINA nON OF SUCCESS OF MITIGA nON
4. The reqLlired mitigation will be detcnnincd to be successful when the requirements ofSpccific
Condition No. 29 of the penn it has been met. Specific Condition No. 29 provides:
29.71ae miligation shall be deemed successful when allthefoltowing Success Criteria are metfor each
mitigation area:
a.
b.
Planted herbaceous species have achieved a minimum 85% cover.
Planted tree species have achieved a minimum 85% survival and a minimum J()% mean annual
growth rate (measured and reported pursuant to Specific Condition Nos. 24 and ]5.)
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c. Total contribution to percent cover by the/aI/owing wetland species and species Not /lsted in 17-
301.400, F.A.C., shall be maintained below /0%:
SPECIES: Alternalhera philoxeroides. AndropoJ!an glomeratus. 04:0110 caroUniana, Baccharu
hal/miraI/o, Brach/or/a mUliea, Casuarina spp., Elchhomia cro.rslp!!s~ Hvdril/a
vert/ciliata, Ludwi2ia perfl\liana. ludwig/a octavolis. LudwiR.io leD/ocama, Mela/euca
Qu/nquenervia. MYrica ceri(era. Pan/cum rcmms. Pist/a stranoles, Ricinus communis.
Rubus spp., Sa/Ix spp., Salvin/a ro/undifaUa. Schinus lerebinthi(oJius. 1J:!n.lJE. spp., Urena
lobata. Vilis spp., and EUDatorium spp.
d The m/ligation area has been inspected by a member oflhe Depar/men/'s Water Management stall
and has been determined /0 be within the landward exlenl afwaters aI/he Slale pursuant 10 17-
301, F.A.C.
S, The permittee may notifY Ute Department whenever the pennittee believes the mitigation is
successful, but in no event earlier than two years after the mitigation is completed. This notice shan be sent by
certified maiJ addressed to. Submer2ed Lands and Environmental Resources Pr02ram. Compliance and
Enforcement Section. Southwest District. 3804 Coconut Palm Drive. Tampa, FL 33619.
6. The notification shall include a copy of the most recent Annual Progress and Mitigation Success
Report and a narrative describing how the reported data support the contention iliat each of the mitigation criteria
have been met The pennittee sha1l afford Department personnel the opportunity to scheduJe and conduct enough
on-site inspection of the mitigation site(s) (0 determine whether the criteria are met. Mitigation site may be
successful at different times.
7. Within one hundred twenty (120) days ofreceipt of this notice, the Department sha1l notifY the
Pennittee by certified mail that either the Department determined:
(A) That the mitigation has been successfully completed; or
(8) That the mitigation is not successful, identifying specifically those clements of the mitigation that do
not meet the success criteria; or
(C) That the mitigation cannot be detennined to be successful at this time, identifying specifically those
elements of the mitigation that prevent it from detennining whether the mitigation is successful.
8. When the Department notifies the City that the mitigation is successful, or, if the Department fails
to notify the City within the time period prescribed by this Agreement, then the. City's mitigation obligation under
the tenus of the pennit and this Agreement shall be deemed satisfied.
9. Department personnel wi11 be permitted to conduct an on-site inspection of the mitigation areas in
a reasonable manner and at reasonable times.
10. If the City faUs to perfonn the required mitigation in accordance with the specified conditions of
the permit within the time periods set forth in the pennil, the Department (I) may inquire as to the status of the
mitigation and require the City to take appropriate remedial action, (2) may commence an enforcement action
pursuant to Chapter 403, Florida Statutes, (3) may commence Jegal proceedings to enforce this Agreement, or (4)
may extend the time allowed fo~ the required mitigation in accordance wid. the specific conditions of the pennit In
any such action or proceedings (0 enforce this agreement in which the Department prevails, the City shall be Hable
for the Department's reasonable attorney's fees, costs and expert witness fees in both trial and appellate courts, and
the City consents iliat venue for such actions sbaH lie exclusively in PineUas County. Florida.
11. Notwithstanding any of the above, the mitigation requirements of the penn it may be modified by
the Department if it detennines that the City has been unable to perfonn successfully the required mitigation based
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on causes beyond (the City's) control. Such causes may include, but are not limited tOI unusual climatological and
meteorological conditions.
12. The City may request that this Agreement be modified for good cause. Good cause may include,
but is not limited to, changes in dredgingl filling or mitigation plans necessitated by or resulting from actions of
federal, state or local governmental agencies. Requests for modification oflhis agreement shall be in writing and
shall be served upon the Department in the same manner as pro~ided in Paragraph No. S above. The Depar1ment
shall have sole discretion to grant or deny such requests for modification.
13.. The Department may require the City to publish in a newspaper of general circulation in Pinellas
County, Florida, Rolice of any proposed modification of the mitigation requirements set forth in the pennit or this
Agreement. The text ofsuch notice shall be supplied by the Department and shall be consistent with the provisions
of Rule 17. I 03.150, Florida Administrative Code.
IV. REQUIRED AGREEMENT
14. This Agreement constitufes the agreement required by Specific Condition No.3) of the pennit
v.
RECORDA nON AND RELEASE
. IS. Within thirty (30) days from the date of execution of this Agreemen~ the City sball cause this
, Agreement to be recorded in the public: records of each county wherein the affected lands arc situated, and shall
provide the Department with a copy of the recorded agreement certified by the Clerk of the Court.
16. Upon the satisfaction of the entire mitigation obligation under the tenns of the peIDlit and this
Agreement, the Department shall execute a release in recordable form. If the Deparonent delennines that mitigation
has been successful over part of the mitigation area, the Department may, at its discretion, execute a release for
t!lose portions which have attained success.
17. This agreement runs with the land aitd is binding upon the Ciryl its successors and assigns.
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IN WITNESS WHEREOF. the Department and the City set their hand and seal as follows:
Michael J. Roberto
City Manager
Rita Garvey
Mayor-Commissioner .
Dated:
Dated:
Approved as to fonn:
Attest:
. John Carassas
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Dated:
Dated:
FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECfION
Richard D. Garrity, Ph. D.
Director of District Management
Southwest District
Dared:
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Item #21
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c ^ J 3 CLEARWATER CITY COMMISSION /} I
r::: 1 v Agenda Cover Memorandum r:::^
Meeting Dale it . rQ. Cf '1
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SUBJECT: Agreement Cor ProCessional Senrices with Tampa Bay Engineering, Inc.
RECOMMENDATION/MOTION: Approve a five year Agreemcnt with the firm of Tnmpa Bay
Engineeringt Inc. for engineering services relatcd specifically to Florida Department of Transportation and Pinellas
County utility relocation and accommodation,
~ and that the appropriate officials be authorized to execute same.
SUMMARY:
.
In July, 1997, the Commission appr~ved the #1 ranking of Tampa Bay
Engineering, Inc. as consulting eng~neers for coordination of utility
accommodation for Florida Department of Transportation and Pinellas County
roadway improvement projects. Staff negotiated the proposed contract
giving careful consideration to competitive costs.
. During the term of this Agreement, the' FDOT will design multiple U. S. 19
overpasses. Also, due to the extension of Penny for Pinellas, the County
has accelerated its roadway construction and most of the design will occur
during this time. Entering this agreement will assure the coordination of
city utility relocation within the requirements and time frames of the
State and County. It should also be noted Tampa Bay Engineering is the
FDOT's utility design reviewer for this district.
. Services to be provided are: Preparation of utility
accommodation/relocation plans and schedules, joint project agreements,
permits, specifications, estimates of costs and quantities, coordination
with other utility owners, attendance at meetings, certified record
drawings and associated services in conformance with project scheduling of
FDOT and pinellas County.
continued
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Reviewed by; Originating Dept. Costs: N/A Commission Action
Legal ~ Engineering Depar1 rn) ht (Current FYj Approved
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Budget N/A User Dept. /( v Funding Source: Approved
w Iconditi 0 ns
Purchasing N/A Capt. Imp. X
Denied
Risk Mgmt. N/A Advertised: Operating
Cont'd to
IS N/A Date: Other
ACM t Paper:
ENG. Not required: N/A
OTHER Affected parties Appropriation Code(sl Attachments:
notified
Submitted BV:
({\'J'e,~ N/A J
City Manager Not Required
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Agenda It6m - Agreement for Professional Services with Tampa Bay Engineering,
Inc.
. 'Services will be provided through Work Orders for specific projects as
delineated by' the FDOT or pinellas County. Total compensation shall not
exceed $100,000 per Work Order unless specifically authorized by the City
Commission.. '
,. Funding for work orders will be identified at' the time of issuance and
taken from the appropriate funding sources. This work cannot be identified
until the 'County or State plans have been reviewed.
THE AGREEHENT IS AVAILABLE IN THE CITY CLERK DEPART~mNT
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AGREEMENT
FOR
PROFESSIONAL SERVICES
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This AGREEMENT is made and entered into on this day of , 19-, by and
between the City of Clearwater, Florida (CITY) and Tampa Bay Engineering, Inc. (ENGINEER).
WITNESSETH:
WHEREAS the CITY desires to engage the ENGlNEER to perform certain professional services
pertinent to such work in accordance with this Agreement; and
WHEREAS the ENGINEER desires to provide such professional services in accordance with this
Agreement; and
WHEREAS the CITY selected the ENGINEER in accordance with the competitive selection process
described in Section 287.055 of the Florida Statues, and based on information and representations
given by the ENGINEER in a proposal dated May 12, 1997;
NOW, THEREFORE, in consideration of the premises and the mutual benefits which will accrue
to the parties hereto in carrying out the terms of this Agreement, it is mutually understood and agreed
as follows:
1.0 GENERAL SCOPE OF TffiS AGREEMENT
The relationship of the ENGINEER to the CITY will be that of a professional consultant, and the
ENGINEER will provide the professional and technic~ services required under this Agreement in
accordance with acceptable engineering practices and ethical standards.
2.0 PROFESSIONAL TECHNICAL SERVIC~
2.1 It shall be the responsiblity of the ENGINEER to work with and for the CITY toward
solutions to engineering problems and the approach or technique to be used toward
accomplishment of the CITY's objective for each project or assignment. The ENGINEER's
services shall include the coordination of proposed FOOT and Pinellas County roadway
improvements and the design of City utility accommodations necessary for those roadway
improvements, the preparation of utility accommodation/relocation plans, relocation
schedules. joint project agreements, pennits, specifications, estimates of costs and quantities,
coordination with other utility owners, attendance at DOT meetings, certified recordi
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drawings and associated services in confonnance with project scheduling requirements of
the DOT. Work may include potable water, reclaimed water, sanitary sewer and force mains,
stonn sewer, natural gas, City local computer net communication conduits, and traffic
signalization conduits, surveying and location of existing utilities using subsurface utility
engineering, and other work as may be reasonably required under the general scope of
professional and technical engineering services in connection with the CITY's utilities and
other facilities.
2.2 The ENGINEER's services under this Agreement will be provided under Work Orders.
Generally, each Work Order wiJJ include the seNices for a single project or assignment, and
it will contain a mutually agreed-upon detailed scope of work, fee, and schedule of
perfonnance in accordance with applicable fiscal and budgetary constraints. Total
compensation for all services shall not exceed $100,000 per Work Order unless specifically
authorized by the City Commission.
2.3 The ENGlNEER shall maintain an adequate and competent staff of professionally qualified
personnel available to the CITY for the purpose of rendering the required engineering
services hereunder, and shaJl diligently execute the work to meet the completion time
established. .
2.4 The CITY reserves the right to enter into contracts with other engineering finns for similar
services. The ENGINEER will, when directed to do so by the CITY, coordinate and work
with other engineering firms retained by the CITY.
3.0 PERIOD OF SERVICE
3.1 The ENGINEER shall begin work promptly after receipt of a fully executed copy of each
Work Order, in accordance with Paragroph 2.2, above. Receipt of fully executed Work
Order shall constitute written notice to proceed.
3.2 If the ENGINEER's services called for under any Work Order are delayed for reasons
beyond the ENGINEER's control. the time ofperfonnance shall be adjusted as appropriate.
3.3 It is the intent of the parties hereto that this Agreement continue in force until five (5) years
from the date of execution, subject to the provisions for termination contained herein.
Assignments that are in progress at the Contract tennination date will be completed by the
ENGINEER unless specifically terminated by the CITY.
4.0 INSURANCE REQmREMEN~
4.1 Workers Compensation and Employers Liability. The ENGINEER shall procure and
maintain, for the life of this Agreement, Workers Compensation Insurance covering all
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employees with limits meeting all applicable state and federal laws. This coverage shall
include Employers Liability with limits meeting all applicable state and federal laws.
4.2 General Liability. The ENGINEER shall procure and maintain, for the life of this
Agreement, General Liability Insurance. This coverage shall be on an "Occurrence" basis.
Coverage shall include Premises and Operations; Independent Contractors; Products and
Completed Operations and Contractual Liability. Coverage shall be no more restrictive than
the latest edition of the Commercial General Liability policies of the Insurance Services
Office (ISO).
This policy shaH provide coverage for death, bodily injury, personal injury or property
damage that could arise directly or indirectly form the performance of this Agreement.
The minimum limits of coverage shall be $500,000 per Occurrence Combined Single Limit
for Bodily Injury Liability and Property Damage Liability.
The CITY shall by included and identified as an Additional Insured under the
policy/certificate of insurance.
4.3 Business Automobile Liability. The ENGINEER shall procure and maintain, for the
life of the Agreement, Business Automobile Liability Insurance.
The minimum limits of coverage shall be $500,000 per Occurrence Combined Single Limit
for Bodily Injury Liability and Property Damage Liability. This coverage shall be an "Any
Auto" type policy. Coverage shall be no more restrictive than the latest edition of the
Business Automobile Practices of the Insurance Services Office (ISO).
The CITY shall by included and identified as an Additional Insured under the
policy/certificat~ of insurance.
4.4 Professional Liability Insurance. The ENGINEER shall procure and maintain for the life
of this Agreement, Professional Liability Insurance. This insurance shall provide coverage
against negligent acts, errors or omissions by the ENGINEER in the performance of this
contract. The minimum limits of coverage shall be $1,000,000.
4.5 Indemnify. In consideration of the sum of One Hundred Dollars ($100.00), the receipt and
sufficiency of which is acknowledged, payable as part of the first payment for services. the
ENGINEER agrees to defend. save and hold the CITY, its agents, assigns and employees.
hannless from all claims or causes of action. including costs and attorney's fees. and all
judgements whatsoever, involving personal injury. bodily injury, death, or property damage,
arising out of any negligent act or omission, or the violation of any federal, state or local law
or regulations by the ENGINEER, its subcontractors, agents. assigns, invitees or employees
in connection with this Agreement. The ENGINEER agrees to indemnify and hold hannless
the City from losses, damages or lawsuits resulting from the ENGINEER's intentional
misconduct or intentional torts committed during the perfonnance of this contract.
J.IDOC':I\U111.0ENUElr.coH'TMCT. WI'O
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4.6 Hazardous Substances. It is understood and agreed that in seeking the professional
services of the ENGINEER under this Agreement. the CITY does not request the
ENGINEER to undertake uninsurable or potentially uninsurable obligations for the CITY's
benefit involving or related in any manner to hazardous substances. Therefore. the
ENGINEER undertakes no such obligation hereunder, and the CITY agrees to hold hannless,
indemnify. and defend the ENGINEER from and against any and all claims. losses, damages,
liability, and costs arising out of or in any way connected with the presence, discharge,
release. or escape of contaminants or hazardous substances of any kind, or environmental
liability of any nature, in any manner related to services perfonned by the ENGINEER under
this Agreement.
4.7
Supplemental Provisions. The insurance coverages and conditions afforded by the above
mentioned policies shall not be suspended, voided, canceled or coverage reduced except after
thirty (30) days prior written notice by certified mail return receipt requested has been given
to both the City Engineer and the Risk Management Offices of the CITY.
Certificates of Insurance meeting the specific required insurance provisions specified within
this Contract/Agreement shall be forwarded to both the City Engineer and Risk Management
Offices of the CITY and approved prior to the start of any work. Mter review, the Certificate
will be filed with the City Clerk as a part of the official contract file.
Receipt and acceptance of the ENGINEER Certificate of Insurance, or other similar
document does not constitute acceptance or approval of amounts or types of coverages which
may be less than required by this Agreement.
In Ueu of providing the CITY with copies of its insurance policies, the ENGINEER agrees,
within ten (10) dayls of a written request of the CITY, to make available for inspection and
the taking of notes any original policy of insurance that is required by the tenus of this
Agreement. Any of the following CITY representatives will be permitted to inspect the
policies of insurance: any member of the CITY's legal staff or the CITY1s outside legal
counsel, CITY Manager's staff, Risk Management staff, or the CITY COMMISSION. The
policies of insurance to be produced will be made available at the offices of the ENGINEER
in Clearwater, Florida during normal business hours of the ENGINEER.
All insurance policies required within this contract shall provide full coverage from the first
dollar of exposure unless otherwise stipulated. No deductible will be accepted without prior
approval from the City.
4.8 Safety and Health Requirements. It is the ENGINEER's sole duty to provide safe and
healthful working conditions to its employees on and about the site of Agreement
Perfonnance. The' CITY assumes no duty for supervision of the ENGINEER. The
ENGINEER will provide a uDrug Free" workplace in accordance with Section 287-987,
Florida Statutes.
The CITY may, without any liability to ENGINEER, order that the work stop at the site of
Agreement Performance if a condition of immediate danger to CITY employees, CITY
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equipment, citizens. or property damage exists. This provision shall not shift responsibility
for any risk of loss for injuries or damage sustained from the ENGINEER to the CITY, and
the ENGINEER shall remain solely responsible for compliance with all safety requirements
and for the safety of all persons and property at the site of Agreement Perfonnance until the
beginning of construction, which arise out of the ENGINEER's negligence.
The ENGINEER shall comply with the standards and regulations set forth by the
Occupational Safety and Health Administration (OSHA), the Florida Department of Labor
and Employment Security. and all other appropriate federal, state and local regulations or
City safety and health standards.
5.0 GENERAL CONSIDERATIONS
5.1 All documents including field books, drawings, specifications, calculations, etc., supplied
by the ENGINEER shall become the property of the CITY. The CITY acknowledges that
such documents are not intended or represented to be suitable for use by the CITY or others
for purposes other than those for which the documents are prepared. Any reuse of these
documents \vithout written verification or adaptation by the ENGINEER for the specific
purpose intended will be at the CITYs sole risk without liability or legal exposure to the
ENGINEER.
5.2 When authorized, the ENGINEER shall prepare a final estimate of probable construction
costs, following CITY approval of the bid documents and other prebid activities. The CITY
hereby acknowledges that estimates of probable construction costs cannot be guaranteed, and
such estimates are not to be construed as a promise that designed facilities will not exceed
a cost limitation. Should the lowest, responsive and acceptable bid price received by the
CITY within three (3) months from the date of the CITY's approval of the bid documents
exceed theENGlNEER's final cost estimate by more than ten percent (10%), the ENGINEER
shall perfonn a detailed evaluation of the low bid. The evaluation will review the bid prices
on a line item basis, identifying areas of disagreement and providing a rationale for the
difference. .
5.3 The ENGINEER will provide expert witnesses, if required, to testify in connection with any
suit at Jaw. A supplementaJ agreement will be negotiated between the CITY and the
ENGINEER describing the services desired and providing a basis for compensation to the
ENGINEER.
5.4 Upon the ENGINEER's written request, the CITY will furnish or cause to be furnished such
reports, studies, instruments, documents, and other information as the ENGINEER and CITY
mutually deem necessmy.
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5.5 The CITY and the ENGINEER each bind themselves and their successors, legal
representatives nnd assigns to the other party to this Agreement and to the partners,
successors,legnl representatives nnd assigns of each other party, in respect to all covenants
of this Agreement; and. neither the CITY nor the ENGINEER win assign or transfer its
interest in this Agreement without written consent of the other.
5.6 The ENGINEER hereby agrees to indemnify, defend, save and hold harmless the CITY from
all claims, demands, liabilities and suits caused by any negligent act, error or omission of the
ENGINEER, the ENGINEER's subcontractors, agents, or employees in rendering the
professional services called for herein. It is specifically understood and agreed, however, that
this indemnification agreement does not cover or indemnify the CITY for its own negligence.
The ENGINEER hereby further agrees to indemnify, defend, save and hold hannless the
CITY from any and all fines, costs, and expenses caused by, directly or indirectly, with the
ENGINEER's failure to comply with any applicable laws, statutes, ordinances, or
government regulations.
5.7 The ENGINEER agrees not to engage the services of any person or persons in the employ
of the CITY to an allied capacity, on either a full or part-time basis, on the date of the signing
of this Agreement, or during its term.
5.8 Key personnel assigned to CITY projects by the ENGINEER shall not be removed from the
projects until alternate personnel acceptable to the CITY are approved in writing by the
CITY. Key personnel are identified as:
. John E. Harter, Director-in-Charge
o William H. Cook. Project Manager
. Robert L. Clemens, Utilities Coordinator
. Lauren C. Ryan. Utilities Designer
5.9 The ENGINEER shall execute the appropriate State of Florida sworn statement under
Section 287. 1 33(3)(a). Florida Statues, Public Entity Crimes prior to the execution of this
Agreement.
5.10 The ENGINEER shall attach a brief status report on the project(s) with each request for
payment.
5.11 The ENGINEER shall provide a Certificate regarding a "Drug Free Workplace" per the
requirements of State of, Florida directive: City Memorandum No. 23(90-91) dated
December 17, 1990, from George C. Banks, CPPO, Director, Division of Purchasing.
I:IDOC\l11lL.OEN\lt:lf\C'OlmV.CT. WPO
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6.0 COMPENSATION
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6.1 The ENGINEER shall be compensated for all services rendered under this Agreement in
accordance with the provisions of each Work Order, upon presentation of ENGINEER's
invoice. An ~ourly rate schedule and typical methods of compensation are attached hereto
as Exhibit A.
6.2 Except as may be addressed in the initiating Work Order, the compensation for services shall
be invoiced by the ENGINEER and paid by the CITY once each month. Such invoices shall
be due and payable upon receipt.
6.3 The ENGfi'lEER agrees to allow full and open inspection of payroll records and expenditures
in connection with hourly rate and cost plus fixed fee work assignments upon request of the
CITY.
7.0 PROmBITION AGAINST CONTINGENT FEES
The ENGINEER warrants that it has not employed or retained any company or person, other than
a bona fide employee working solely for the ENGINEER. to solicit or secure this Agreement and that
it has not paid or agreed to pay any persons, company. corporation, individual or finn, other than a
bona fide employee working for the ENGINEER any fee, commission, percentage. gift, or any other
consideration, contingent upon or resulting from the award or making of this Agreement.
8.0 TERMINATION
This Agreement may be terminated by either party with seven (7) days prior written notice. innthe
event of substantial failure to perfonn in accordance with the tenus hereof by the other party through
no fault of the tenninating party. H this Agreement is tenninated, the ENGINEER shall be paid in
accordance with the provisions of outstanding Work Orders for all work perfonned up to the date
of tennination.
9.0 SUSPENSION. CANCELLA nON OR ABANDONMENT
If the project described in any Work Order is suspended, canceled. or abandoned by the CITY.
without affecting any other Work Order or this Agreement, the ENGINEER shall be given five (5)
days prior \yritten notice of such action and shall be compensated for professional services provided
up to the date of suspension, cancellation or abandonment.
This Agreement shall be administered and interpreted under the laws of the State of Florida.
I.\POC'1IltT1t.O!H\JtIIlCONTIlAM' Wl'O
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10.0
TERMINA nON OF CONVENffiNCE
Either the CITY or the ENGINEER may terminate the agreement at any time by giving written notice
to the other of such termination and specifying the effective date of such tennination at least thirty
(30) days before said tennination date. If the Agreement is terminated by the CITY as provided
herein, the ENGINEER will be paid for services rendered through the date of termination.
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the date
and year first above written.
Countersigned:
TAMP~G]Z.mc.
By: 6
Ro t. G. Brown
WITNESS
~
E. Harter
Y OF CLEARWATER, in
PINELLAS COUNTY, FLORIDA
. Garvey MIl -c .. By: Michael J Rober Ci Hanag
Rita ,yor :()f1lTIJ SSl.oner. . to, ty er
Approved as to form and correctness: Attest:
John C. Carassas
Assistant City Attorney
Cynthia E. GoLxIeau
City Clerk
,.
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EXHIBIT A
PROVISION OF PAYMENT
BASIS FOR PAYMENT
c The OWNER shall pay ENGINEER and ENGINEER agrees to accept as full compensation for its
services (as established by Work Order) compensation as computed by one of the following methods.
METHOD A - COSTS TIMES MULTIPLIER BASIS
Compensation in the fonn of actual costs time a multiplier as detennined by the following formula:
Actual Raw Salary Cost x Multiplier + Subconsultant Cost + Other Direct Costs
Multiplier 2.96 includes fringe benefit rate, overhead, operating margin and profit and is subject to
annual review.
Subconsultant Costs are actual costs incurred times a factor of 1.00. Actual costs shall be based on
billing rates for required Jabor classifications.
Other Direct Costs are actual costs incurred for travel outside of Tampa Bay area, printing, copying,
long distance telephone caUs, etc., times a factor of 1.00.
MEmOD B - LUMP SUM
'Compensation in the fonn of "lump sum" shall be determined by mutual agreement between the
ENGINEER and the CITY. The lump sum amount shall be negotiated based upon a scope of
services developed by the ENGINEER and approved by the CITY.
J:\I:lOCrIUTILna.~ VIM> .
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EXHIBIT A CONT
AcruAL DIREcr PAYROLL COST
(EXCLUDING OVERHEAD, FRINGE BENEFITS AND OPERATING MARGIN)
The hourly rates below represent TBE 1997 costs and categories. Periodic changes are
anticipated and modification can be made annually upon CITY and ENGINEER review.
RATES (S HOUR)
CLASSIFICATION MINIMUM MAXIMUM TYPICAL
PRINCIPAL $41.35 $57.64 $46.92
PROmCf DIREcrOR $17.98 $41.34 $33.90
PROmCf MANAGER $24.85 $30.89 $27.50
CADn OPERATOR $16.35 $21.19 $18.71
ENGINEER $17.50 $23.50 $20.77
PLANNER $14.61 $38.46 $22.71
DESIGNER $17.00 $21.10 $19.05
FIElD REPRESENTATIVE $17.00 $19.57 $18.68
TECHNICIAN $13.00 $17.20 $15.30
.
DRAFfSPERSON $8.00 $12.00 $11.40
TECHNICAL ASSISTANT $9.00 $13.15 $10.84
J:\DOO\tmLoa~.WPO
10
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Item #
CLEARWATERCITYCOMMISSION ') /] II / qrJ
Agenda Cover Memorandum~ c.::f'.- Meeting Date~.J
SUBJEcr:
Townhomcs
Stonn Pipe Replacement - Lake Lucille Outfall; Deer Run East/En!itland Blvd.; Waters Edge
(97-18)
I
I
RECOMMENDATION/MOTION: Award a contract for Stonn Pipe Replacement - Lake Lucille Outfall; Deer Run
EnstlEastland Blvd.; Waters Edge Townhomes (97-18) to CLARK HUNT CONSTRUCfION, INC. of Clearwater,
Florida for the sum of $198,795.10 which is the lowest responsible bid received in accordance with the plans and
specifications,
~ and that the appropriate officials be authorized to execute same.
SUMMARY:
. The purpose of this project is to replace approximately 2,500 linear feet of deteriorated 18 and 24 inch
corrugated steel storm pipe with Ultra Rib PVC Storm Pipe. The old storm pipes were the original storm pipes
that were constructed when the Highland Pines Subdivision was built ill 1957. There are several locations where
the pipe has deteriorated and Public Service personnel have had to make temporary repairs to the old storm
system.
. Two other miscellaneous storm construction projects have been included with the Lake Lucille project. In
Northwood Estates Tract F, the contractor will be constructing three baffle inlets to intercept debris and soil that
would normally collect in the detention pond at the N,E. comer of Landmark Dr. and Enterprise Rd. The third
location is in the Montclair Lake Estates area where the City has about 225 feet of 24 inch storm pipe that has
deteriorated and needs replacement.
. This project will start on or about December 1, 1997 and will be completed within 90 calendar days.
nevlewed by:
OflgloetIng Dept.
COIItII: $198.795.10
CommlNlon Action
Legol ~e-
Budget ~,
Purcheslng
RJsk Mgmt. N/A
IS N/A
Engineering Department
(Current FYI
Approved
Ulllr Dept.
Funding Source:
Approved
w/conditions
Copt. Imp. X
Denied
Advertised:
Operating
Cont'd to
Date: 09"6197 & 09/22197 Other
Poper: Sf. Pelersburn. limes
Not required:
Affected parties
notified
Appropriation Code(sl
Attachments:
315.96118.563700-539-000
Not Rc uired
X
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Clearwater City Commission
C M ~ Agenda Cover Memorandum
,:;(,3 Item #:
Meeting Date: J ~ .. <p. q.'l
SUBJECT:
Contract for Legal Services - Gulf-to-Bay Corridor Enhancement Project
RECOMMENDA TION/MOTION:
Authorize the City Attorney to execute a retainer agreement in the amount of $24,000 for legal services with
Nabors, Giblin & Nickerson, P.A., for assistance in special finance issues associated with the Gulf-to-Bay Corridor
Enhancement Project.
l!l and that the appropriate officials be authorized to execute same.
BACKGROUND:
]n fulfilling the City Vision, the staff has identified a Gulf-to-Bay Corridor Enhancement Project as a critical
component in promoting the City's image for tourists, residents and businesses alike. Wc will prcsent a conceptual
project for City Commission consideration at the November 3 worksession.
Included in this project will be important legal and financing issues, such as casement acquisition and public-privatc
partnerships. \"Y/e recommend authorizing the City Attorney to retain the Nabors, Giblin & Nickerson firm to assist
us in this comprehensive effort. No bidding is required for the retention of outside legal counsel; the Nabors, Giblin
& Nickerson (NG&N)firm has been determined to represent the best possible consultant for this project given their
experience in other areas of the state, including their signature project, the US 192 corridor enhancement leading to
Disney World. NG&N will assist us in determining the benefit area for the enhancement project and developing
financing methods and options, including public/private partnerships.
Because the scope of work for NG&N is to be determined based upon the specific enhancement options which arc
yet unknown, we propose a retainer agreement. \Vork will be performed and payment will be rendered under a work
order formf\t. Each work order will specify a scope of work, product delivery deadlines. and professional fees. By
using the work order format, NG&N can be utilized to respond to changing circumstances in the corridor planning
and implementation project, allowing us to expeditiously proceed with bringing this project to life. This approach will
simultaneously allow us to control costs since we will pay only for the services we need and we will eliminate delays in
the planning and implementation processes.
Initial funding in the amount of $24,000 is included in capital project 315-93321, Gulf to Bay Beautification.
Reviewed by:
. Legal
Budgat
Pwchaslng
R&ik Mgm..
IS
ACM
Originating Department:
Pr. Central Permitting
~S
Usar Department:
Legel
Costs:
$24,000 Commission Action:
o Approved
Total 0 Approved w/Condltlons
$ 0 Denied
CUffent Flllcal Year 0 Continued to:
n/.
nle
Othel'
"'e
Advertised:
Funding Source:
121 Capltlll
Improvlment:
CJ
Operating:
CJ
Oth.r:
Attachments:
Submitted by
Date:
City Manager
o Prlntod on r cy
Paper:
W Not Required
Affected Parties:
o Notified
ra Not Required
Approprlatlon Code
316.93321
NOTE: propooed contract
b allaa-bJe for relllew In the
Clerk'. office
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SPECIAL COUNSEL RETAINER AGREEMENT
~?
This Retainer Agreement is entered into as of
I 1997, between
the City of Clearwater, Florida, a municipal corporation (the "Citi'), and the firm of Nabors,
Giblin & Nickerson, P.A. elNG&N") to provide for the engagement of NG&N as special
counsel for finance and tax and the implementation of home rule revenue programs.
WHEREAS, NG&N is a law firm dedicated to the representation of local
governments on i~sues of finance and taxation and home rule initiatives; and
WHEREAS, NG&N is willing to commit to be available to provide special counsel
services and assistance to the City as requested.
In recognition of such acknowledgments, the parties hereto agree as follows:
SECTION 1. General Scope of Services. NG&N agrees to serve as special
counsel to the City on issues of Florida finance and tax and other associated home rule
issues. Such special counsel services shall generally include the following:
(1) providing advice and research on the
structure of alternative governance structure and other Florida
finance and tax issues;
(2) rendering of formal written opinions;
(3) drafting ordinances, resolutions, legislation
and other agreements and documents;
(4) providing advice and research on the
feasibility, legal sufficiency and imposition and collection of
statutory and home rule alternative revenue resources,
including, but not limited tat special assessments, impact feest
user fees. and utility fees;
(5) assisting in the defense or prosecution of
litigation;
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(6) providing advice and research on the
feasibility and legal sufficiency of potential debt financing
concepts and structure;
(7) identifying and creating governance
alternatives for the delivery of municipal services, capital
facilities, or the providing of alternative revenue initiatives; and
(8) providing advice and research on public
utility operation and utility rate structure including utility
extension and acquisition strategies.
SECTION 2. Coordination with GSG. Subject to the approval of the City Manager
or City Attorney, NG&N, in providing special counsel services, shall have the authority to
subcontract with Government Services Group, Inc. (IIGSGII), for identified tasks in a work
order under an approved method of compensation. Potential areas that could require
special consulting services by GSG include, but are not limited to, the following:
(1) direct and manage the implementation of
home rule revenue programs, including, but not limited to,
special assessments, impact fees, user fees, and utility fees;
(2) . provide advice on funding strategies and
the development of sufficient budgets, legally sufficient
apportionment methods, and assessment rate structures';
(3) coordinate and conduct regularly
scheduled meetings with designees of the City Manager and
City Attorney to exchange data, input, and advice and develop
appropriate strategies and critical events schedules to
accomplish specific work orders authorized hereunder;
(4) provide project consulting services on
capital financing issues for City projects or identified
public/private partnerships;
(5) provide advice concerning cost effective
program administration policies and procedures;
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(6) coordinate the development and
maintenance of special assessment rolls on electronic media
in a format conducive to collection on the annual ad valorem
tax roll;
(7) provide advice and assistance in
restructuring existing programs and structuring new programs
in a manner conducive to collection of assessments on the ad
valorem tax bill, including coordination with constitutional
officers and City data/GIS processing capabilities; and
(8) provide advice and research on
governance alternatives for the delivery of City services or the
providing of alternative revenue initiatives.
SECTION 3. Additional Consultants. In addition, NG&N, in providing special
counsel services, shall have the authority to subcontract with such additional consultants
to provide professional services not within the scope of the requirements of the Consultants
Competitive Negotiation Act, section 287.055, Florida Statutes, as may be required to be
performed to complete the tasks identified in a work order. The method of compensation
and scope of work for any such consultant shall be approved by the City prior to the
commencement of any work or the performance of any service. Approval shall be
requested in writing and shall include a scope of services and method of compensation for
each additional consultant or professional requested pursuant to a work order. Statements
for fees and costs incurred by any approved consultant or professional shall be first
reviewed by NG&N and, upon approval, submitted to the City for payment.
SECTION 4. Work Orders.
(A) The services to be provided hereunder are to be provided in a series of work
orders subject to the approval of the City Manager or City Attorney. Each work order shall
include a scope of services, critical events schedule, when applicable, and method of
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compensation and shall also specifically identify any additional consultants or professionals
required to complete the work order.
(8) The method of compensation for services provided hereunder in each work
order shall be on either an hourly basis pursuant to the hourly rates provided in Appendix
A attached hereto for NG&N and GSG art when appropriate, on a fixed or negotiated fee
basis.
(C) Professional services provided on an hourly basis shall include in advance,
a good faith estimate of the professional fees and costs anticipated to accomplish the
proposed work order. In any event, the good faith estimate will not be exceeded without
prior authorization of the City.
(D) Professional services provided on a fixed fee basis shall be payable in
increments based upon a statement of percentage of completion or specified deliverable
as specified in the work order.
(E) The hourly rates of NG&N and GSG as provided in Appendix A are the
eXisting standard hourly rates for governmental clients of each firm for the type of services
contemplated by this Agreement for clients for which the firms have a continuing
relationship. Commencing on the first anniversary of this Agreement and on each
anniversary date thereaftert NG&N and GSG, subject to City's written approval, may adjust
the hourly rates in effect under this Agreement to conform to their existing standard hourly
rates for governmental clients.
SECTION 5. Reimbursement of Costs. If other than a fixed fee agreement, and
in addition to the professional compensation provided in this Agreement, NG&N and its
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subconsultants shall be reimbursed for actual costs incurred on long distance telephone
charges, travel expenses, and overnight delivery charges. Photocopies shall be billed at
25~ per page. Any travel expenses shall be reimbursed in accordance with section
,112.061, Florida Statutes.
SECTION 6. Billing. Unless a separate billing arrangement is agreed to by the
City, a statement for professional services rendered and costs incurred shall be provided
. on a periodic basis, not more often than monthly, for fees and costs incurred.
SECTION 7. Conflicts. It is recognized by the parties that NG&N is dedicated to
providing services solely to local government clients and certain state agencies. NG&N
represents and provides services to private sector clients only in the event a focal
government client requests such representation in implementation of a public/private
venture or partnership. As a consequence, no conflict is contemplated by the providing of
the contemplated services to the City. In the event a conflict arises between governmental
clients of NG&N on an identified issue, NG&N shall immediately advise the City of such
conflict, resign from such conflicting representation, and assist the conflicting governmental
client in obtaining another consultant.
SECTION 8. Term; Termination. NG&N shall serve at the pleasure of the City and
the City may terminate this agreement upon ten (10) days written notice to NG&N. In the
event of termination by the City, NG&N shall immediately cease work hereunder and shall
be reimbursed for eligible and documented reimbursable expenses incurred prior to the
date of termination. NG&N shall have the right to terminate this Agreement upon giving
notice in writing to the City sixty (60) days prior to the pate of intended termination.
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SECTION 9. City Participation. The City shall be an active participant in timely
supplying pertinent data, historical information, reports, studies, and other reasonably
available information relative to any work order. Such participation shall also include, but
not be limited to: (1) the designation of a City representative for each approved work order
to coordinate the scheduling of regular meetings among City staff, City consultants, and
the parties hereto; (2) examination of reports, proposals, draft work products and other
documents developed pursuant to any authorized work order; and (3) rendering of timely
decisions and instructions.
SECTION 10. Compliance with Recycled Paper Ordinance. Per Ordinance
5050~90, the City and NG&N agree to the following:
(A) All reports submitted to the City shall use recycled paper when it is available
at a reasonable price and of satisfactory quality to meet contractual performance
standards. For the purposes of this paragraph, the price of recycled paper shall be
considered "reasonable" if its cost is no more than ten percent (10%) higher than the
lowest price offered for non-recycled paper.
(B) AU reports submitted to the City shall use both sides of paper sheets
whenever practical.
(C) Counsel shall be responsible for maintaining records documenting usage of
recycled paper for reports submitted to the City in fulfillment of contractual obligations.
Counsel shall submit such records to the City according to procedures to be established
by the Purchasing Manager.
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SECTION 11. Indemnlfication and Insurance. NG&N agrees to protect, defend,
indemnify and hold the City and its officers, employees and agents free and harmless from
. '
and against any and all losses, penalties, damages. settlements. costs, charges,
, professional fees or other expenses or liabiHties of every kind and character arising out of
or due to any negligent act or omission of NG&N or its employees in connection with or
arising directly or indirectly out of this Agreement and/or the performance hereof. Without
limiting its liability under this Agreementl NG&N shall procure and maintain during the life
of this Agreement professional liability insurance in an amount in excess of $1,000,000.
This provision shall survive the termination of this Agreement.
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Entered into this _ day of
,1997.
~ountersig ned:
CITY OF CLEARWATER. FLORIDA
By:
Michael J. Roberto
City Manager
Rita Garvey
Mayor-Commissioner
Approved as to form:
Attest:
~/~
John Carassas
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
WITNESSES:
NABORS, GIBLIN & NICKERSON, P.A.
By:([J 1~
Robert L. Nabors'
President
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Entered into this _ day of
,1997.
Countersig ned:
Rita Garvey
Mayor~Commissioner
Approved as to form:
c;:~~
John Carassas
Assistant City Attorney
WITNESSES:
CITY OF CLEARWATER, FLORIDA
By:
Michael J. Roberto
City Manager
Attest:
Cynthia E. Goudeau
City Clerk
NABORS. GIBLIN & NICKERSON, P.A.
By: .(V..1~
Robert L. Nabors"
President
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, . APPENDIX A
Hourly Rate SQhedul~
NABORS, GIBLIN & NICKERSON, P .A.
Principals
Senior Associates
Junior Associates
Law Clerks
$175
$150
$125
$ 50
. GOVERNMENT SERVICES GROUP, INC.
Firm Principals
Project Manager
Project Consultant
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$135
$125
$100
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TIllS INSTRUMENT PREPARED BY:
Gerald J. Biondo, Esq.
Murai Wald Biondo & Moreno, P. A.
25 Southeast Second Avenue, Suite 900
Miami, Florida 33131
, .
RETURN TO:
Earl Barrett
Engineering Department
City of Clearwater
P. O. Box 4748
Clearwater, FI. 33758-4748
NONEXCLUSIVE EASEMENT
Tax Parcel Number: 17/29/16/85546/000/0020
17/29/16/85546/000/0030
THIS INDENTURE is made and entered into to be effective as of the 23rd day
of September, 1997 by and between PARK PLACE LAND LIMITED
PARTNERSHIP, a Florida limited partnership; PARK PLACE LAND, INC., a
Florida corporation, its general partner; their successors, lessees and assigns
('lGRANTOR"), in consideration of the mutual benefits, covenants and conditions
herein contained, did grant and convey to the CITY OF CLEARWATER,
FLORIDA, a Florida municipal corporation, its successors, lessees and assigns
("GRANTEE"), a nonexclusive easement to operate and maintain in perpetuity or until
the use thereof is abandoned, such facilities as may be necessary or desirable for a new
waterline and sidewalk which shall be constructed and installed by GRANTOR or
others; said facilities being located in the following described UEasement Area" within
GRANTOR'S premises in Pinellas County, Florida, to wit:
SEE EXBmIT "A" ATTACHED HERETO AND A PART HEREOF
The rights hefein granted to GRANTEE by GRANTOR specifically include:
(a) the right for GRANTEE to patrol, inspect, alter, improve, repair, rebuild, relocate
and remove said facilities; (b) the right fOf GRANTEE to dear the Easement Area of
trees, limbs, undergrowth and other physical objects which, in the opinion of
GRANTEE, endanger or interfere with the safe and efficient installation, operation
and maintenance of said facilities; (c) the right for GRANTEE to trim or remove any
timber adjacent to but outside the Easement Area which, in the opinion of GRANTEE,
endanger or interfere with the safe and efficient installation,
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operation and maintenance of said facilities; (d) the reasonable
right for GRANTEE to enter upon land of the GRANTOR adjacent to
said Easement Area for the purpose of exercising the rights herein
granted; and (e) all other rights and privileges reasonably
necessary or convenient for GRANTEE'S safe and efficient
installation, operation and maintenance of said facilities and for
the enjoyment and use of said easement for the purposes described
above. Notwithstanding the foregoing, the GRANTEE shall not
unreasonably interfere with any improvements now existing or
hereafter constructed by GRANTOR.
If fences are installed, they shall be placed. so as to allow
unobstructed access to GRANTEE'S facilities. If GRANTOR'S future
orderly development of the premises is in physical conflict with
GRANTEE'S facilities, GRANTEE shall, within sixty (60) days after
receipt of written request from GRANTOR, relocate facilities to
another mutually agreed upon Easement Area in GRANTOR'S premises,
provided that prior to the relocation of said facilities (a)
GRANTOR shall pay to GRANTEE the full cost of relocation as
determined by GRANTEE, and (b) GRANTOR shall ~xecute and deliver to
GRANTEE, at no cost, an acceptable and recordable easement to cover
the relocated facilities. Upon completion of the relocation, the
easement herein shall be considered canceled as to the portion
vacated by such relocation.
Any and all damage to property or improvements resuiting from
the construction, operation, installation, maintenance,
replacement, removal or repair of the facilities shall be
diligently and continuously endeavored to be replaced or repaired
by GRANTEE, all at the expense of GRANTEE. Furthermore, GRANTEE
shall protect, defend, hold harmless and indemnify GRANTOR from and
against any and all claims, losses, liabilities, damages, costs or
expenses (including, without limitation, attorney's fees and costs)
for death or injury to any person or damage to the Easement Area or
the property (including improvements located thereon) which may
arise out of or in connection with or by reason of the
construction, operation, installation, maintenance, replacement,
removal, repair or use of the easement granted herein by GRANTEE or
its agents, employees, contractors or assigns. However, nothing
herein shall constitute a waiver by GRANTEE of its sovereign
immunity and the limitations set forth in Section 768.28, Florida
Statutes.
The easement and other rights herein granted are not
exclusive, and GRANTOR hereby reserves unto itself and its
successors and assigns the right to utilize the Easement Area for
such purposes as do not endanger or interfere with the easement and
other r'ights granted herein. GRANTOR shall have the right to grant
such other easements, rights or privileges to such persons and/or
entities and for such purposes as GRANTOR in its sole discretion
may select, so long as such purposes do not endanger or interfere
with the easement and other rights granted herein. If GRANTOR
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utilizes the Easement Area or grants its rights to the Easement
Area to a person ana/uk eutity that in any way alters, modifies, or
obstructs GRANTEE'S rights, then GRANTOR shall immediately restore
the Easement Area to GRANTEE'S use, and pay for all costs of
restoration.
GRANTOR, or any affiliate, assignee or designee of the
GRANTOR, shall have the right to request to tap or connect onto the
utilities installed by GRANTEE pursuant hereto, upon payment of
applicable connection fees and in accordance with applicable laws,
r~les and regulations.
The easement granted herein shall run with the land and shall
apply to, be binding upon, and inure to the benefits of the parties
hereto and their respective successors and assigns.
In the event either party seeks to enforce this agreement by
law, both parties agree that the prevailing party shall be entitled
to attorney's fees and costs as awarded by a court of competent
jurisdiction in pinellas County, Florida.
IN WITNESS WHEREOF, the GRANTOR has
be duly executed by its proper officers
its seal to be hereunto affixed, this
1997.
caused these presents
thereunto authorized
..-:
z:~ day of ~"f1l
to
and
Signed, sealed and delivered
in the presence of:
PARK PLACE LAND LIMITED
PARTNERSHIP, a Florida
limited partnership
By: PARK PLACE LAND, INC.,
a Florida corporation,
its General Partner
By: ~ tV\. c....tv:::J
Stewart Marcus, President.
EwMt5e..n.- Wo...v~
Print, WITNESS Name
9f ~ --lflO0\9-L 8 (~
wff~s Sig~re
G e~f.U 'fl J. B 10 AI to C
Print WITNESS Name
(acknowledgement on next page)
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STATE OF FLORIDA )
): SS.
COUNTY OF DADE )
The foregoing instrument was acknowledged before me this
2 ~ day of ~J , 1997 by STEWART MARCUS, as
president of PARK PLAC LAND, INC., the general partner of PARK
PLACE LAND LIMITED PARTNERSHIP, on,behalf of the corporation. He
is personally known to me or has produced PV"I~ Luu"s..,
as identification. .
My Commission expires:
,""'1:._,.
G~\DELGUIDI\PARKPLAC\NON.EXCL.EAS
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t' GZrJlL~ } mONGO
\ NC?~':"~Y PD'iitlC $T ,ATB Or FLORIDA
! C(:;"1M!~.StON NO. CC3'iQ.i23
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EXHIBIT" An
LEGAL DESCRIPTION OF EASEMENT
A tract ofland lying within Section 17, Township 29 South, Range 16 East, Pinellas
. County, Florida, and being more particularly described as follows:
BEGIN at the Southeast Corner of Lot 3 of Storz Ophthalmi~, Inc. Park Place as
recorded in Plat Book 109, Pages 10 and 11 of the Public Records of Pinellas
County, Florida; thence S30008'00''W, for 141.11 feet to the point of curvature of a
curve concave to the Northwest; thence Southwesterly along the arc of said curve,
having a radius of 1920.00 feet, a central angle of 14004'39", an arc length of 471.74
feet and a chord bearing S37010'20"W, for 470.56 feet; thence N45047'20"W, for
2.07 feet to the point of intersection with a no~-tangent curve concave to the
Northwest; thence Southwesterly along the arc of said curve, having a radius of
1510.00 feet, a central angle of 02004'29", an arc length of 54.68 feet and a ,hord
bearing S40025'46''W, for 54.68 feet; thence by a non-tangent line N64032'56"W,
for 13.14 feet to the point of intersection with a non-tangent curve concave to the
Northwest; thence Northeasterly along the arc of said CUMlC, having a radius of
1910.00 feet, a central angle of 15050'29", an arc length of 528.08 feet and a chord
. bearing N38003'14"E, for 526.40 feet to the point of tangency, thence N30008'00''E,
. for 141.11 feet to a point on the southerly boundary line of said Lot ~; thence along
said southerly boundary line, S59052'OOuE, for 10.00 feet, .to the POINT OF
BEGINNING; and containing 6698 square feet, more or less.
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HI54'J2!t6 .
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/~~-:S"R'" CURl/( RADIUS LENCtH CHCRD 8[.J,RIHC
'~'S'~~'q.. -&.... "'Ot'~~ ~ '~~: 4:~:~ 4~::: S4~~~~:
'\''t ~ 't, "'t &~ Ilna,CO!l1ll :126.40 10133'031.
mm::. . '%~ 'ftb '1,. ~ Clo-
1. This skelch and ICI~al was pre-pored without the benefit of 0 mle polIcy and Is subjetl
to on)' and 011 recorded Ol1d or unrecorded eosements, rights-of-way, rulrlclions, etc..
2. There ma)' be additIonal easements ond[or reslrlctions affecting this property that may
be found In the Public Records of thIs Count)'.
3. aeorngs shown hereon or, IxIsad on 0 assumed datum. more specirleoll)' the South tWie
of lot 3 of Stor' Ophthalmlcs, Inc:. Pork Plnce. os ,ecorded in Plot Book 109, Pages 10-11.
haWl9 btoring of S59'S2'OO.E.
LrqAl [)[SCRIPllON
A troct of land l)'inll within Section \7, To..nship 29 South, Rongt 16 Cost, Pinellos County. norido
ond being more porUculorly desuibed 05 follows:
8EQH ot the Southeost Corner of lot 3 of Slorz Ophlholmles. Inc. Pork Place oS recorded in Plot
Book 109. Poge '0 to 11 of the Public Record, of Pineno. Count)'. .rlorida; thence S30'08'OO.W, for
141.11 felt to u'e point of c:urvotur. of 0 curve conCave to the NorthwlSt: thence Southwesterly
olan9 the OIC of sold curve, ho~n'll 0 raorus of 1920.00 feet. 0 centrof angle of 14'04'39-. on ore
r.n9th of 471.74 'eel ond 0 chord booring SJ710'20.W, fOl 470.:06 feel; lhence N45'O'20.W. for
2.07 feel 10 the point of intersection with 0 non-langent curve concave to lhe Northwesl; thence
South.nt.ti)' olong lhe arc of soid curve, haYing 0 radius of '~10,OO feet, 0 centrof ongl. of
02'04"29.. on orc length of 54.68 feet and 0 chord bearing S40'2S'46.W. for 54.68 fltl: thence by 0
non-longCflt line N64'32'56.W. fot 13.14 feet to lhe point of inlersection with 0 non-longent C1.Irve
r CQ(lCaWl to the NOI'thwesl; th,nc. Northeasterly oIong lhe orc of soid curve, having 0 rod'11,I1 of
'910.00 feet, 0 cenlrol angle of 15'50'29-, on ore length of 528.08 feel ond 0 chord bearing
N38'OJ"4~ for 526.40 'eet to the point of tangency, thence NJO'08'OO.E, fot 141.11 feet lo 0 point
on the soulhuly boundary line of ,aid lot 3; lhence along said southerl)' boundary line, 559'52'00'[,
for 10.00 feet, to lhe POINT or BEGINNING: and containing 6698 slluOt'e reet , more or less.
o SO
LY-
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I
SCALE: t - .. 100'
00. TA
14"Q.4 39
02"Q.4 2t
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PARK PLACE
EASEMENT SKETCH AND LEGAL
'"'" lltJl IUQ UL.WI
'-"'00 ;) 15/97 ...... ioU..
....... WJJllI l.QDSi& ua
1999-342-000 17 29 SOUTH 16 EAST
~/NO ENGINEERING A$$OCfA TEa, IHe.
I [NGINEERS · I'\.AHN[RS ' SURVEVOAS
J "<'T~" .l....C... "CIS"'''
QUIll
1"_' ce,", I lit I iii. I.all 41"",110.' In't .~lIdl
11\111. IIIe "\110/11,,11I 1,,~~IClI .""",,, I' ..f I J,lh
., "" FIa,i4. e,,'f ., 'r.I...I..... SUI'U,Ot' III'
Yo"". ill CII",,, GlGlf.' ,..'''' AIlmIftj.'t,nu
C"I, ,,,',110II1 I, 5tcll~ U2.02', ''''14, $h......
SlIlt' ,114 1.,,11 l)"ul,IiotI ~.l .eli, w1llll,,1 ,h,
.f"",,,,, IIId rIIt tr1tillol ,elu' uti II I FIoII..
kutl' 511'''''1( efl4 w."ft.
<<2;; i4T2~:AL D(stR~TION
CARL W. Allol(lt
PROrU$IO/ol',l. l ~!tl). ~lJl.ly(~,?" Ho. l S '61'
.Uft VI, ""I('oO"r II ~"H cuu.."t, 'U.Il. U'"
...:or ;~.,"'..'~ ~ ,i....~' 'I'~.~ )'f.~".....".."+....,......,,l.1t'.",. .....,...... \....:r'<.t'f'......,........ ... ~..... . .... 0....' r,~, ..",'
,.
THIS INSTRUMENT PREPARED BY:
Gerald J. 'Biondo, .Esq.
Murai Wald Biondo & Moreno P.A.
25 Southeast Second Avenue
Suite 900
Miami, Florida 33131
AFFIDAVIT OF NO LIENS
STATE OF FLORIDA )
)ss
COUNTY OF DADE )
BEFORE MORE, the undersigned authority; personally appeared
STEWART MARCUS, as President of PARK PLACE LAND, INC., a Florida
Corporation, general partner of PARK PLACE LAND LIMITED
PARTNERSHIP, a Florida Limited Partnership, whom, being first duly
sworn, does depose and say:
1. That said Limited Partnership is the owner of legal and
equitable title to the following described property in
pinellas County, Florida, to wit:
A certain tract of land lying within Section
17, Township 29 South, Range 16 East, pinellas
County, Florida, being more particularly
described in EXHIBIT "All attached hereto and
made a part hereof.
2. That said property is now in the possession of the record
owner.
3. That there has been no labor performed or materials
furnished on said property for which there are unpaid
bills for labor or materials against said property,
except (ENTER "NONEtl IF ACCURATE, OR DESCRIBE) :
NONE.
4.
Tha t there
affecting
described,
DESCRIBE) :
are no liens or
the title of
except: (ENTER
NONE.
encumbrances of any nature
the property hereinabove
"NONE II IF ACCURATE, OR
II
.-
. '
I
!.
. ,I. >. " ~y.,.:>.~., . <, I
S. That it is hereby warranted that no notice has been
received for,any public hearing regarding assessments for
improvements by any government, and it is hereby
warranted that there are no unpaid assessments against
the above described property for improvements thereto by
any government, whether or not said assessments appear of
record.
6. That there is no outstanding sewer service charges or
assessments payable to any government.
7. That the representations embraced herein are for the
purpose of inducing the CITY OF CLEARWATER, FLORIDA, its
agents, successors and assigns to rely thereon.
By: c.I..0
Stewart Marcus, President
PARK P~CE LAND, INC.
ame 6U~~tVoA/c;...
wfh~I)}SZ g~qAv6re
w;rjtijtliS ~r/r;leJ Name
Sworn to and subscribed to before me this 1.3... day of +/
1997.
~.
iD/ze/9f, ~ ~ 3 ~o tie 3
My Commission Expires:
.--
............
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c'e'A.J1l..lJ J. 8 lOQL) C
Print/Type Name
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~m,uc$f~ cC5ll>\~ r~.
l'lOtIJ.'i r"'\Ss\ON · .0.) Wt-:r-. ?to}''';..
co'thlf ~.,~o~ E:}.;. .---
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G,\DELGUIDI\PARXPLAC\UOLIEN.AFF
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.".1. ........
EXHIBIT "A"
I~EGAL DESCRlPTJON OF EASEMENT
A tract of land lying within Section 17, Township 29 South, Range 16 East, Pinellas
County, Florida, and being,more particularly described as follows:
BEGIN at the Southeast Comer of Lot 3 of Storz Ophthalmics, Inc. Park Place as
recorded in Plat Book 109, Pages 10 and 11 of the Public Records of PinelIas
County, Florida; thence S30008'OO"W, for 141.11 feet to the point of curvature of a
curve concave to tbe Northwest; tbence Southwesterly along the arc of said curve,
baving a radius of 1920.00 feet, a central angle of 14004'39", an arc length of 471.74
feet and a chord bearing S370I0'20"W, for 470.56 feet; thence N45047'20"W, for
2.07 feet to the point of intersection with a non-tangent curve concave to the
Northwest; thence Southwesterly along the arc of said curve, having a radius of
1510.00 feet, a central angle of 02004'29", an arc length of 54.68 feet and a chord
bearing S40025'46''W, for 54.68 feet; thence by a Don-tangent line N64032'56"W,
for 13.14 feet to tbe point of intersection with a non-tangent curve concave to the
Northwest; thence Northeasterly along the arc of said curve, having a radius of
1910.00 feet, a central angle of 15050'29", an arc length of 528.08 feet and a chord
bearing N38003'14"E, for 526.40 feet to the point of tangency, thence N30008'OO''E,
for 141.11 feet to a point on the southerly boundary line of said Lot 3; thence along
said southerly boundary line, S590S2'00"E, for 10.00 feet, to the POINT OF
B~GlNNlNG; aod containing 6698 square feet, more or less.
~'II"!1..-' f"~ :IEl'lll"<<'" . I~'~."';i.\.:, iL.i,~""~'I:-.....e-."""
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st 0,1\1,. C'(s ,
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THIS IS wu:. A SURVEY
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12
OCRECnOti
H4!')'4' 20 W
H54'J2 !')e .
o 50 fOO 200
~ I
..... ~, SCALE: ,- . 100'
""... ~~
/~~~~.~ ~\( ~,,:c:, ~~~n: ~ s~-i:~cw ,~i,
'~~~~ ,,~O~~~ C2 1!,)10.C/lJ $ua !').ua S407~ 41. 02'04 21
tiQIE:. ~~~,~..,~ ... "t ~ Q. CJ 1910.00 $2&.05 ~26.40 H:l.a"OJ a I!I~ 29
1. ThIs sketch and regal was prepared wlthOlJt Ihe bUldit of 0 titre pollc)' and Is subject
to OIly ond on recOI'ded and Of unrecorded eOSCffief\ts. tighls-of-way. restrictions. ItC..
2. Theta may b. odditlonal easements O/IdLor restrictions aUetling this propvty that moy
be found in lhe Public Records or this County.
3. BeOl'''u~s shown hereon or. bo,ed on a ossumed dotum, more specifically the South line
of lot J of Stot' Ophth~lm~cs. .lnc. Porlr. P1nce. os recorded in Plot Book 109. Poqn 10-11,
hoving btorin9 of 559'52 00 E.
LEGAL OE:SCR1PllOH
It. troet of land t)'VIg within 5ecUon 17, To....nship 29 South, Range 16 (o,t, Pinello, Covnt)'. norido
ond being mort porliculorly described os fenows:
bECilN at the Southeost Corner or Lot , of Storz Ophtholmics. loe. Pork Place os recorded in Plot
9oolc. 109, Page 10 to 11 or the Public RecOfds of Pinellos County, Florida; thence S30'08'OO.W. for
'41.11 feet 10 the point of curvotur. of 0 curve con cove to the Northlllcsl; thence Southwesterly
01009 the ore of sold curve. howuf 0 tOd"IUS of 1920,00 feet. 0 centro! ongle of 14'04'39-, on ore:
length of 471.74 feet and 0 chord bcC)(ln9 S31'0'20-W. for 410.S6 feci; thence N45'O'20.W, for
2.07 feel to the poinl of Intersection with a non-tongent curve concave to the Nor th.es I; thence
Southwcst4r1y along th, OI'e of soid CUNe, hailing 0 radius of 1510.00 feet, 0 centra! angle of
02'04'29., on ore Icn9th of 54.68 leel OI\d 0 chord bearing S40'25'46-W. fOl' 54.68 leel; thence by 0
l1on-tongent line N64'J2'56.W, for 13.14 feet to the point of intersectiOl'l w1\h 0 non-tangent curve
concave to the Northwest: thence NC(theosterl)' oIong the orc of ,oid curve, hovil'lCiI 0 todius of
UltO.OO feet, 0 central angle of 15'50'29-, on arc length of 526.08 feet and 0 chord beoring
N38'OJ't4-[. for 526.40 feet to the point of tongency, thence N30'08'oo.(, lor 141.11 feel to 0 Clolnt
Oft the southerty boundary nne of said Lot J; thence along ,ald southerly boundary linc. 559'52'00"[,
fot 10.00 fcel. to the POINT or BEGINNING: ond containing 6698 squOIe Jeel , more Ot less.
P ARK PLACE
EASEMENT SKETCH AND LEGAL
WLl
1-.100
......
t999-342-ooo
Il&UJ.
UJ.
IaJIlI
17
taLmI
UJ.
IJIDSItC
29 SOUlH
gf.Wl
.,.., CUll, Ihl 1111 I'. c1UV'III.o.. .1Ii 1\lId.
.,,1. I.... ",II,1m1l11l luhlnl .......'11. Jl' ul 'vII,
., the 'IorW, a.". .1 Pulu.llfttt SIItU,"1 M.
V.".r. III Ch~l.. lilGl7.f '1et!4. AdmliIo,II,liw.
C"" ''''._1 I. S.clllil <tn.on, ''',1.. ShM"
Shltll 11'14I I..,,, OUt,I,liu .., 'flU .11~wl ""
.1"'1''''' *'41 floe .rJ,ilI.1 r~It' .... " . fltt14,
Sell"" Swru,'It "" Vo"tr.
c(Alf(~ SKCT2 LEGA\. O(SCAIPTIOH
~ M ~.--
(All\. W. RAY(II
p/lorCSSIO....l \.....0 'VIII/CYOR No. l' 3&11
LUU.
16 EAST
~/NO ENOINEERlNO ASSOCIA TE8, 'Ne.
, [HelH[lR' " ....ANNtAS " SUR\'EYOIIS
StlEN11STI · lAHDSCAI'l ARCMTlcn
. t.'U III. Me""''' II "O~"I UE&llIIUfI. rUlOA IIUt
~IL...Il.':...~~.L.J_C-lf~:';Q~:.'t,/?'::ir'''.'''~. ,..... 0"
~-~ . ~'/~~ ~ .
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.rll,~t~...~.~I"~ .'j-"-..~t:-.~l"f.I":'''''1'~~'~;' ~~.'ctl:~'i+;~I' '~'" 'i 1~.~....~(..~,1 -./JJ)
>:::\~C';{~ :Y~'r.: i:,'f;.':;~:l:;-';);!,;/::,,::~!:,;:~:~~!:~; r':,!'},.?:',:' ' i':', :i,.:,.: '. :"", ,.,
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Item #26
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Clearwater City Commission
Agenda Cover Memorandum
~ (p nem#:
MeetIng Dale:
jJ. C,,9f7
-r-M~
SUBJECT:
Purchase of video & audio equipment for City Hall Chambers.
RECOMMENDATION/MOTION: Award contract to Encore Broadcast Equipment, Tampa, Florida in the
amount of $179,061.00 for the purchase of video/audio equipment which is the lowest, most responsible bid
submitted in accordance with specifications
l!I and that lhe appropriate officials be authorized to execule same.
BACKGROUND:
. The City Commission Chwnber's audio and video systems used to cablecast commission and other board
meetings are more than ten years old. Both systems are obsolete and inadequate for cablecasting meetings and
for the city's changing audio/visual needs.
. The upgrade includes a wheelchair accessible podium with built~in slide to video converter, computer to video
converter and copy video camera.
. AU video cameras, camero remote units, micrcphones, and control room equipment will be replaced.
. The installation will.be done over a 4 week period. All work will be done around commission and other
televised board meetings schedules.
. If the need arose, this equipment could be removed and installed in a new location.
. This equipment will be purchased with funds provided under the terms of the cable franchise agreements with
Time Warner & GTE Americast.
. Reviewed by:
legal
Budgel
Purchasing
Risk Mgmt.
IS
ACM
Other
Submitted by:
City Manager
o Printed on re
Originating Department:
Informallon Managai2L-
User Department: !11 ) _ J
Information Manageme
Commission Aclion:
o Approved
o Approved with Condilions
o Denied
o Conlinued 10;
Costs:
S179 061.00
TOlal
Current FI~cal Year
Advertised:
Date:
Funding Source:
Capilallmprovemenl:
Operating:
X Other:
Special Program
Fund
Attachments:
Paper:
Ii'J Not RequIred
Appropriation Code
Affected Parties
161.99924-00Q014-
000-196
o Notlned
It! Not Required
o None
:;){(7
CITY OF CLEARWATER
BID 201-97 TELEVISION SYSTEM UPGRADE ENCORE BROADCAST EQUIPMENT
BID OPENED OCTOBER 7t 1997
BID TABULATION TAMPA, FLORIDA
PAGE 1 OF 2
ALTERNATE
ITEM DESCRIPTION QUANTITY OFFERED UNIT PRICE TOTAL PRICE
1 PANASONIC 112" 3CCD CAMERA MODEL V\1\J.E550 4 $ 4,994.00 $ 19,976.00
2 PANASONID REMOTE CONTROL UNIT MODEL WV.RC550 4 $ 1,596.00 $ 6.384.00
3 FUJINON 16X TELECONFERENCE LENS MODEL #S16X6.7BMD 4 $ 3.582.00 $ 14,328.00
4 PANASONIC 30M (100') 26 PIN CAMERA CABLE l,W.CA26U30 4 $ 685.00 $ 2,740.00
5 PANASONIC 10M (33') 26 PIN CAMERA CABLE WV.CA26U10 4 $ 419.00 $ 1,676.00
6 PANASONIC 26126 JOINT CONNECTOR MODEL WV.CA26T26 4 $ 115.00 $ 460.00
7 GRASS VALLEY GROUP 10X1 AUDlONlDEO ROUTER TEN.XL 2 X $ 1,297.00 $ 2,594.00
8 VIDEOTEC VIDEO 12X1 ROUTER MODEL VIS-1201 1 $ 457.00 $ 457.00
9 CLEAR.COMM MONITOR SPEAKER MODEL AMS-1021 2 $ 591.00 $ 1,182.00
10 AL TEC-LANSING 2.WA Y MONITOR LOUDSPEAKER M1 OO-V"H 2 $ 140.00 $ 280.00
11 ALTEC-LANSING 100 WATT DUAL-CHANNEL AMP 9441A 1 $ 459.00 $ 459.00
12 LECTROSONICS 8 CHANNEL AUTOMATIC MIXER MODEL AM-8 2 $ 1,015.00 $ 2,030.00
13 AUDIO TECHNICA DYNAMIC MICROPHONE MODEL AT857Mla 14 $ 234.00 $ 3,276.00
14 'NlNWARD CONTRACTORS SPUTTER MODEL 18 CHANNELS 1 $ 1,207.00 $ 1,207.00
15 TASCAM CD PLAYER MODEL CD-401MKII 1 $ 814.00 $ 814.00
16 SONY 13" COLOR MONITOR MODEL PVM.1354Q 2 $ 1,163.00 $ 2,326.00
17 SONY 8- COLOR MONITOR MODEL PVM-8044 6 $ 1,259.00 $ 7,554.00
18 FEC MONITOR RACKMOUNT KIT MODEL RK.PM1341 2 $ 110.00 $ 220.00
19 FEC MONITOR RACKMOUNT KIT MODEL RK.PM8044 3 $ 110.00 $ 330.00
20 eps SYNC AND TEST/SIGNAL GENERATOR MODEL DPS.2085 1 $ 2,440.00 $ 2.440.00
21 TEKTRONIX VECTORSCOPE 1720 1 X $ 1,889.00 $ 1,889.00
22 TEKTRONIX WAVEFORM MONITOR 1730 1 X $ 1,889.00 $ 1,889.00
23 TEKTRONIX MOUNTINGRACKADAPTOR 1700F05 1 X $ 199.00 $ 199.00
24 PINNACLE ALLADIN 'NlTH STUDIOPAK & INSCRIBER 1 $ 12,136.00 $ 12,136.00
25 COMPUTER SYSTEM FOR ALLADIN 1 $ 2,889.00 $ 2,889.00
26 FEC VCR RACK MOUNT KITRKS.SPwr.! 1 $ 175.00 $ 175.00
27 SONY VHS HI.FI.RECORDER PLAYER SVO-1620 3 $ 586.00 $ 1,758.00
28 FEe VCR RACK MOUNT KIT RKS.V01620 3 $ 75.00 $ 225.00
29 LEITCH AUDIO MOUNTING FRAME FR-8B2-M WITH POWER SPL Y 1 $ 722.00 $ 722.00
30 LEITCH AUDIO DISTRIBUTION AMPLIFIER AMD.B80-600 6 $ 154.00 $ 924.00
31 LEITCH STEREO DISTRIBUTION AMPLIFIER ASD-880-600 2 $ 186.00 $ 372.00
32 LEITCH VIDEO MOUNTING FRAME FR-640 1 $ 722.00 $ 722.00
33 LEITCH VIDEO DISTRIBUTION AMPLIFIER UOA.680 8 $ 102.00 $ 816.00
34 JVC 27M COLOR MONITOR TM-270SU 4 X $ 575.00 $ 2,300.00
35 LUXOR TV MOUNTING SYSTEM LTM.5 4 $ 175.00 $ 700.00
36 LUXOR TV PLATFORM L TMFP 4 $ 53.00 $ 212.00
37 LUXOR WALL MOUNTING ARM L TMC-2 2 $ 105.00 $ 210.00
38 LUXOR CEILING PLATE L TMC-1 2 $ 41.00 $ 82.00
39 ELMO VISUAL PRESENTER EV.500AF 1 $ 3,803.00 $ 3,603.00
40 ELMO SLIDE FILM TO VIDEO CONVERTER 1 $ 3,026.00 $ 3,026.00
CITY OF CLEARWATER
BID 201-97 TELEVISION SYSTEM UPGRADE
BID TABULATION
PAGE20F2
ENCORE BROADCAST EQUIPMENT
TAMPA, FLORIDA
~
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'6 rJ 1-
Clearwater City Commission
Agenda Cover Memorandum
Item #:
, ....., h,
, . ~ ~ ~.
, ,
Meeting Date:
: U .'~~'o;'<c;7
SUBJECT:
Active Remedial Action, Former Montgomery Wards Site
RECOMMENDATION/MOTION:
Approve Change Order #1 for the active remediation of the Former Montgomery Wards Site (MW2-072197) to Post,
Buckley, Schuh, & Jernigan, Inc., Tampa, Florida, increasing the contract amount by $282,450 for a new contract
total of$442,450, and approve a time extension of30 days,
l!l and that the appropriate officials be authorized to execute same.
BACKGROUND:
. TIle remediation and development of the fonner Annex site is an important aspect of potential redevelopment and
revitalization of Downtown. The Clearwater Economic Development Team has received numerous inquiries from
developers and potential end users regarding site development. The development of this site will establish the eastern
corridor anchor oftbe Central Business District. The size and location of this site is well suited for the placement of job
producing industries.
. The City purchased this property on April 22, 1974. Previous owners of the site that deposited, caused to be deposited,
or transported contamination to the site are potentially liable to the City or enforcement agencies such as the USEPA for
the costs of cleanup under statutory provisions of law. Whether the City could actually recover damages from such
persons or entities will depend on a number of factors such as time frame of actions, evidence available to prove
responsibility, contractual provisions, defenses available, whether the corporate entities still exist, and if so, their asset
posture. City Staff is presently investigating any and all avenues to recoup site remediation costs.
. The City Commission approved the original work order to Post, Buckley, Schuh & Jemigan, Inc. (PBSJ) on August 7,
1997, to excavate, load, transport, and incinerate approximately 2.458 tons of excessively contaminated petroleum soils,
and to capture, treat, and dispose of contaminated groundwater, for a total cost of $160,000, including a 5%
contingency.
. Active remediation was begun on September 29, 1997 in the first of two areas where excessively contaminated soils
were known to exist. That area was expected to have contained 2,208 tons of excessively contaminated soils and was
expected to be located at approximately eight to twelve feet below land surface, based upon best available data
contained within the contamination assessment report that was approved by the State. Work in remediation site number
two has not yet begun, but was also estimated in the contamination assessment report to contain 250 tons of excessively
contaminated soils.
:Revlewed by: M:~N',M'~' !..c\l""'-'V ~~~t1~g Dee~fr~~;" '"' .,,~
, Legal rf~(t(;.I.i\~ , ,lii'!,,,-;!,,. ,"'I>i;.Ytt.ll'" EuglneerlfJ8f.l\,i:\.1 .i',,'.:
, Budget ~I";:';';~~ ':,'.
r jopr.:_ ,-
~.l/:I";'~!:'. :,.',<,,<:~:;}
PurchasIng ,'..;.,'"',.,.NlA-"'I,,.' U5er Department: .
RIsk Mgmt. ;';,":' \; NfA':. ~:...~, ":T'::~',':.~.;" Eriglnet!"rin . ;.' .':
j.':..:::.: ':./.'~;<,'~.,: '.:- :~:r.\I.~..>.'. ,: . t. :,:\. . ,". ,:.
IS !. ~?,<,' fA;, '!>;:,
ENG h':.....'
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Other
S 282'450'
Total
Commission Action:
o Approved
o Approved with
Conditfons
o Denied
o Continued to:
Costs:
$ 262....59.74 '
Curren1 rheal
Year
Advertised:
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o Not Required
Affected Parties
o Notified
o Not Required
Funding Source:
I!l Caph~llmprov~m~lll:
o Ojltn,;UillB:
o Olher:
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Attachments:
~ubmi"ed by:
Appropriation Code
'.3JS:961)5~562000.5~9~OP ,,' "
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. Upon commencement of remediation, it was discovered that the actual extent of excessively contaminated soils was
significantly greater than originally anticipated, extending 12 -16 foot below land surface and apparently extending to
the confining layer (estimated at 25 feet level below land surface). As a result, the anticipated total tonnage of soils
projected to be removed (2, 458) from the entire site by the approved plan was reached only for a portion of the total
project remediation. Based on current site knowledge, it is estimated that the total excavation tonnage will exceed an
additional 6,000 tons, bringing the total tonnage of excessively contaminated soil to be removed to about 8,458 tons.
. A change order is necessary to advance the remediation process and necessary additional work associated with that
process. 11le following is a brief overview of the additional work necessary to complete site remediation:
Subtotal Additional
Project New Total
$ I 74,000
$ 38,500
$ 30,000
$ 2,900
$ 5,300
$ 3,000
$ 22,405
$ 6.345
$282,450
$442,450
1. Contaminated Soil Excavation (6,000tons)
2. Well Point System Reinstallation
3. Backfill '
4. Additional Pre-Bum Analysis
5. Additional Site Safety Activities
6. Hydroseeding
7. Additional Contract Management
8. Additional Soil Borings
. City Staff, City Engineer of Record Consultant, City Remediation Contractors, and as recent as October 16th,
International Technology Corporation, upon request by the City to offer a second opinion about current project
direction, all believe that continuation of the project as planned through excavation and removal of excessively
contaminated soil continues to remain the most efficient and cost effective method of site remediation at this site. While
site remediation of excessively contaminated soils can never be completely assured, there is estimated to be an eighty
percent (80%) chance that the contaminated soils will be completely removed by this method, resulting in a "No Further
Action" by the state; there remains a twenty percent (20%) chance that further action beyond this Change Order could
still be required. TIlis latter issue, should it occur, will be addressed at that time.
. Project closure is impemtive to public health and safety. Furthermore, the continued remediation ofthis site is essential
to the timely development of the property. The City has received several inquiries about development possibilities on
the site. The possibilities to date have ranged from office/commercial to housing and entertainment uses. Ifthe
Commission wishes to pursue potential redevelopment of the site, the cleanup would substantially increase its
marketability.
. Failure or a delay to complete the remediation project may result in lost development opportunities in a historically
strong economic decade.
. The available balance in capital improvement project (315:"96115) is sufficient to provide funding for the continued
remediation activities detailed in this agenda item. No contingency has been built into the additional cost estimate,
above the original 5% built into the original project cost, approved earlier by the City Commission.
(2)
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FORMER CITY HALL ANNEX
CITY COMMISSION PRESENTATION ON SITE REMEDIATION
ACTIVITIES STATUS
October 13/16,1997
Site History
April, 1974; City Purchased Property.
October, 1992; Plnelfas County Public Health Unit, Pollutant
Storage Tanks Routine Inspection; Out of Compliance w/Law for
Waste 011 Tank
June, 1993; Site Brought into Compliance. NFA Received from
County. Concern Still about Former Tank Farm/Property Sale.
March, 1994,' Initiated Expedited Environmental Assessment
Phase I, Phase 11 due to Potential Buyer Interest for Corporate
Relocation to Site (Western Reserve Insurance Headquarters 11)
March, 1994: Enrolled Site in State Abandoned Tank Restoration
. Program (A TRP), Phase 11 Discovered Presence of Excessive So;1
and Groundwater Con tam/nation.
August, 1994; Site Approved for A TRP
By November, 1995: Contamination Assessment Report &
Addendums Completed and Approved by State
Describe Site Findings Crom CAR
Orient Commission
Remind of 3 Dimensions
Outline SoiUGroundwater Contamination
Good Lateral, Vertical Stops @ Water Table
Water,Table from 8.5' to 11.7' BLS; Period 94-96.
Accuracy of Field Measurements Unreliable 2 Water Table
Do Not Penetrate Confining Layers
Based on that Best Avallable Data; Excessive Soil Contamination
8'.12' BLS Removal and Groundwater Recovery, Treatment, &
Disposal.
Describe Site Findings from Remediation
Identify Dewatering Issue
Describe Known Findings from Excavation
Estimated Increase of 6,000 Tons to Confining Layer
Describe Option Summary Chart
Relate Urgency as Current Direction
Other Options If City Desire to Slow Down Project
Could Obtain Second Opinion?
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b.L\. ~ry
Department of
Environmental Protection
Lawton ChIlBS
Governor
Twin Towers Office BuildIng
2600 Blair Stone Road
Tallahassee. Florida 32399-2400
VirgInIa B. Wo\heroll
Secretary
June 2, 1997
Mr. Miles Ballog
City of Clearwater
Post Office Box 4748
Clearwater, Florida 34618-4748
RE: Remedial Action Plan Order
Former Montgomery Ward
10 South Missouri Avenue
Clearwater, Florida
FDEP Facility No. 529401089
Dear Mr. Ballog:
The Bureau of Petroleum Storage Systems has reviewed the
Remedial Action Plan (RAP) dated December 19, 1996 (received
December 23, 1996), along with supplemental information received
through March 7, 1997. We found all the documents submitted to
date to be adequate to meet the RAP requirements of Rule
62-770.700, Florida Administrative Code (F.A.C.). The Department
has determined that the actions proposed in,this RAP, inclusive
of {supplemental information dated through March 7, 1997, provide
reasonable assurance that the concentrations of petroleum
products: chem,icals of concern at the site will be reduced to the
levels. set forth in Chapter 62-770, F.A.C. Pursuant to Rule
62-770.700(3), F.A.C., the Department approves the RAP.
You are also required to submit record drawings (as-built
drawings) of the treatment system within four months of the
receipt of this Order. These drawings must be certified by a
professional engineer.
Persons whose substantial interests are affected by this
Order have the right to challenge the Department's decision.
Such a challenge may include filing a petition for an
administrative determination (hearing) as described in the
following paragraphs. However, you may request an extension of
time to file such a petition. hll reauests for extensions of
time or petitions for administrative determinations must be filed
girectlv with the Department's Office of General Counsel at the
address qiven below within 21 days of receipt of this Order ldo
not send them to the Bureau of Petroleum Storaqe Systems}.
kAI'APfR.DCX'
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Clearwater City Commission
Agenda Cover Memorandum
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Item It: :';' . Y:r .
Meeting Date: ,) '\,,~:, ~''1
SUBJECT:
Conversion of Contract Employees to Full Time Employees
RECOMMENDA liON/MOTION:
Approve the conversion of four contract positions to permanent positions with full City benefits
IBI and that the appropriate officials be authoriled to execute same.
BACKGROUND:
The City currently employs four contract positions outside of the Gas Department: two contract inspectors in
Central Permitting, a contract inspector in the Engineering Department, and a contract employee in Human
Resources Department.
Central Permitting has maintained contract positions for the last two years to meet the demands of the
permitting program due to new construction and additions. The contract positions have enhanced our
complaint investigation and unsafe structures programs, and will continue in these role s as permanent
positions.
In the Engineering Department, the contract position has been in existence since July 1996. The position has
enhanced the aesthetic quality of the City through landscape and tree protection inspections of construction
sites; landscape reinspections with an emphasis on the major corridprs; processing of tree removal permits and
citizen assistance requests; and environmental enforcement.
The contract position in the Human Resources Department has been in existence for just over one year. The
employee in this position is temporarily filling the Employment Manager's position while this individual works
on the implementation of the Peoplesoft payroll program. But, with the implementation of this system, this
individual will most likely need to continue in this roll as a Human Resources systems manager for the
Peoples oft system, resulting in the permanent need for an additional FTE to fill the Employment Manager's
position.
The additional cost to implement these four positions as permanent positions is anticipated to be minimal (less
than $25,000) on an annual basis. In the current year, funding to convert these positions will be provided by
operating savings within the current Departmental program budgets.
Reviewed by:
legal
Budget
Purchasing
Rlsle Mgmt.
IS
ACM
Other
nJ~
Originating Department: ..
City Manag~ ~c)J
User Department: ~
Costs:
nJa
Total
Commission Action:
o Approved
o Approved w{Conditions
o Denied
o Continued to:
~
nil. '
Current Fiscal Year
Advertised:
Date:
Paper:
o Not Required
Affected Partfes:
o Notified
o Not Required
Funding Source:
o C~ll"llmproytmtnh
o Opmlins:
o Other:
Attachments:
Submitted by:
cr.:'M~;r ~
o Printed on r<<yc/ed ~
ApRropriation Code
o None
".:1,", "or.
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FTE comparison for five years. 1113/97
Department
City of Clearwater
Specific Departments
Five Year History of FTE.s
FY 93/94 FY 94/95 FY 95/96 FY 96197 FY 97/98
30 36 34 35 35
151.8 144.8 147.3 148.9 149.9
15 16 15 12 12.2
Central Permitting
Engineering" ,
Human Resources.
· In FY 93/94 the department was a megadepartment called Public Works. this totallnc/udes the following divisIons:
Administration, Engineering ServIces, Transportation AdmInIstration, Traffic Engineering, Computerized Signal System,
Traffic Signals, Signs' & Markings, Environmental Admlnlstrallon. Environmental Regulatory, Water Pollution Control,
Watershed Management and Pari<lng.
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APPOINTMENT WORKSHEET
~9
APPOINTMENTS Agenda #_
FOR COMMISSION MEETING November 6. 1997
BOARD: Municipal Code Enforcement Board
TERM: 3 vears
APPOINTED BY: City Commission
FINANCIAL DISCLOSURE: Required
RESIDENCY REQUIREMENT: City of Clearwater
SPECIAL QUALIFICATIONS: Whenever possible,
this Board shall include an architect, engineer,
businessperson, general contractor, sub-contractor & a realtor
MEMBERS: 7
CHAIR:
MEETING DATES: 4th Wed., 3 pm
except Nov. & Dec. to be 2nd Wed.
APPTS. NEEDED: 3
DATE APPTS. TO BE MADE: 11/6/97
THE FOllOWING ADVISORY BOARD MEMBER(S) HAVE. TERMS WHICH EXPIRE AND NOW
REQUIRE EITHER REAPPOINTMENT FOR A NEW TERM OR REPLACEMENT BY A NEW
APPOINTEE.
Name
Date of Original
Appointment
Attendance Interest in
Record reappointment
1. Louise Riley
2. Stephen Swanberg
1990
1991
NA NA (ending 2nd term)
NA NA (ending 2nd term)
3. David Allbritton 1 997 (to finish term) ~
* since appointment, 6 meetings - present 5 I absent 1
YES
above terms expired 10/31/97
THE FOLLOWING NAMES ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE
VACANCIES:
.'
Name-Address
Comments-Related Experience. Etc.
1. David Campbell
2310 Minneola Rd., 33764
Retired computer systems analyst
past member C-view Task Force
2. Sheila Cole
252 Dolphin Pt., 33767
current member Beautification Committee
would resign off that board if appointed to this
3. . Joyce Martin
19029 US19N, B9-41 0,33764
Past member Development Code Adjustment Board
Retired Personnel Management Specialist
4. William Plouffe
200 Skiff Pt., Apt 2, 33767
Past Economic Development Director
Past General Manager I Treasurer
5. Bill Stephan
1540 Walnut St., 33755
Past member Marine Advisory Board &
Airport Authority
Zipcodes of current members:
5 at 33755 (1 of the 5 is Riley, 1 is Allbritton)
1 at 33756
1 at 33759 (Swanberg)
The questionnaire was faxed to Mr. Plouffe on 10/9/97
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MUNICIPAL CODE ENFORCEMENT BOARD
Meeting Date: 4th Wed. except Nov. & Dec. - 2nd Wed.
Place & Time: Commission Chambers - 3:00 p.m.
Members: 7
,Term: 3 years
Staff liaison: City Clerk Department
Financial Disclosure: Required
Purpose: Conduct hearings on the enforcement of city codes including fire, signs,
building and zoning ,
Special Qualifications: "whenever possible, this Board shall include an architect, a
businessperson, an engineer, a general contractor, a sub-contractor and a realtor".
Orig.
Appt.
Name/Address
Expir.
Date
Phone
1990
10/31/97
1991
1993
1994
1996
1996
1997
Louise C. Riley - Chair
1620 Drew St., 33755
Businessperson
H: 446-8776
Stephen D. Swanberg
31 21 Bordeaux Ln, 33759
Architect
H: 725-2669
0: 441-9999
10/31/97
Dennis Henegar ,
314 Venetian Dr., 33755
Residential & Aluminum Contractor
H: 461-9331
0: 442-3158
10/31/99
Helen Kerwin
1173A Granada St., 33755
Retired Dept.Mgr.-Singer Co.
H: 446-4679
10/31/98
Lawrence "Duke" Tieman
1120 Kingsley St., 33756
Realtor/Broker
H: 446-3853 10/31/98
0: 726-7001 (finish Dolores' term)
Franke Huffman
1565 Elmwood St., 33755
Architect
H: 443-6868
0: 781-7525
1 0/31/99
David Allbritton
305 Hillcrest Drive North, 33755
Building Contractor '
./
H: 442-7271 10/31/97
0: 443-0597 (finish Rogers' term)
Board Attorney: Andy Salzman - tel. 799-2882 Fax 726-0058
Tew Zinober Barnes Zimmet & Unice - P.O. 5124 - 33758
7/97
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CITY OF CLEARWATER
AppllcaUon for Advl80ry Board.
(mult be Clearwater reuldent)
RECEIVED
SEP 2 7 1996
CITY CLERK DEPT.
Nam. David W. Campbell
Home Addre..:
Office Address:
2310 Mlnneola Road
ClealWater. Florida ZIP: 34624
ZIP:
Telophone125-1276
Tolephone
, How Long I resident oftha City of Clearwater? since 1990
Occupation
Employer
Field of Education:
Other Work Experlenco:
Computer Science
If retired, fonner occupation computer systems analyst
Community Activities: homeowners association. Coalition of ClealWater Homeowners Assoc~
lations
Other Intorests:
Board Sorvlce (current and past)
CERTAF. CVlEW Advisory Task Force
Board Preferenco:
MCEB
Additional Commonts:
Slgn.d:~
,
Date:
September 27. 1996
Ploase 800 attachod list for Boards that require Financial Disclosure. PLEASE RETURN
THIS FORM TO: City Clerk'. Dopartmont P.O. Box 4748 Clearwater, FL 34618
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Oct-10-97 09:38
BOARD QUESTIONAIRE
1. What Is your understanding of the board's duties and responsibilities?
To enforce the Code of Ordinance of the City of Clearwater.
2. Have you ever obssNed a board meeting either In peerson or on C-Vlew, the
City's TV slatlon?
Yes
3. What background and/or qualifications do you have that you feel would qualify
you to serve on thIs Board?
Homeowner associalion membershiD and D8rtlcipation: and service on the Code
Enforcement Review TAsk Force (CERTAFl
4. Why do you want to servo on this Board?
To perform civic duty and to assist In uoholdlnQ of city codes.
Name:Oavld W. Campbell
Board Name: MceB
P.02
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CITY OF CLEARWATER
Applieotion for Advisory Boards
(must be Clearwater resldeO,U
Namo
~HE!J-A M
COLli
Homo Address:
OUleo Address:
:J. 5 j ..Do1Ptllfj 2:r.
~j FA~l~ A nt:.~ ZIP: -g4l, 3D ..' ZiP.;. '"._
Telephone 'iJ.jl- 1319 Telephone Ei1-v..... tJ4:J -Il~~__..._._
How Long a resident of the City of Clearwater? 7 t Y (s
Occupation
~"1Ar:D
Employer
If retired, former occupation
Other Work Experience:
.J!bi,e~_y.QH1J.'-TC1:.-C Cc .() "..nJ,IJA 7'll ~ .,
nA1~ .... ~\~ MIJ'l1\3A~ - HC'f'f:L QVJ(I~h1(r'
L~~ ('-D ·
Field of Education:
.lDu.~J;tf ... Bf:H'P.~' 0 tAL.
<A.. .--"...r:
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........jIIOP..-.. ....._.. . ""._
Community Activites:~L,~'",~ iCt~_..J:~-C\~ ~~ fees..
e.Of\ 1.' "'D~ 0 F C~LL',4rU fk'Il-tCt.'&VI\eJ(. fr~.. 'fOtt.'f1.. t-i t'''''lI'~il:ll:...
ClJJ..~..1lli:tt .~IlClL. 6v:'i' Ct-J.1t1 . c.t.t.~~JI C!1..C' ~(tJ~~,.rJ' CHr1le.
tO~ct~h'l4m{L. (. ~c-s:> t'.t\{tl!>>l1l1~' e~T (>Altfl-bt;; . ~t:.~. TO ,-It,. FbIJ:. 8.~,'(H.yE."
Other Interests:A-toI b """".."..c=. vc 140\'" TT1G CC.b ~"R: "'""n,,,\ Ll "l! (; ~ l>L~'fa .
--~ A'J"l-r,"';:':' -r. ;~l - ~-A \)r~'6"::- 'i5o~\' TiG~-;-
Bourd Service (current snd past! Board P,eferenco:
&u.u!~c.f\('ti,~.,\ Ch~~\' D. C. A, B
-t-\, t. (S,e
J..z.
:c F ~O, PC:,;!",,"~I) 1"1J se:~f' 0 (\ f"IO,te:=: 'T>>A.' I BotH~~ J
Wt\.u,,~ I&e:. '-"ILL' (\.(. 1"l:) c.ttf!\ f\C';7f!,.
Additional Comments: SIN:t='itC' ~c:\~ m Hth:e: CJ.Eft~iRl:d:.._~.(iVm ~
pt..&.s:: "Ib $-1 U E" . tf /;.. ....
slgncd:~....L..) 7r.. ~~o#' Dote: _. ~_..~/9/,
Plosse soa nttoched list for Boards that require Fimmcial Disclosure at the tIme of
Bppolntment. PLEASE RETURN THIS FORM TO: City Clerk's 'Oepartmllnt P.O. Box 4748
Cleorwater, FL 34618
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OCT-1Q-97 Q9:~e AM 9HEl~A'CO~E
a13 ~~2 161~ P.03
r..~t-c: 1';':':' ~::cr. :\..EAP:,\~TEC ::- :..E:.
::~ 4~i ~S; F.CC1.~2
BOARD QU!STIONNAIRE
1, Whtlt hi YOUl und(:r~undjng of tho board's dutio8 and rCiponelbllitJes?
-1?!.._.~~ /iEA~/tU5-.'5. (J-iJ lJ?~~J.(FJ7T ~r C<4Y~
,/
7D A/.StI ~ ..C/714'..qs.Jl) jJ"trlJ.~E 1oHfi~Ijnc:e....I., .._.. _
2. HoWl! you ever ol.1slHVl!:d i!I board rn'e'8tino either in pe, son Or on C-Vicw, the
City':; TV 5wtion? ,... ' ' .
JP..T 8~.2l#S E'N'J1.CJ/.U1tt'-.-.&~. _ _ . .
-.........
3. Whut baclc.yround and/or t\ual1ficatlons do you ha\,/! thet YOu feci would quallf'i
you to serve an thi:. BoauJ I
Ih./J .husME:;S.~ O~ll~).-&~r ~s, .r;E-t/cJ.c..b~c. '~~r.i ' "
_8~.!>. e .~.I! .!1J ~-Juj1;:;I' 4..~,/J,.4-. ~.4~_l.!b~_MO ~~~_.,
...1fH~J.J.elB1r Pt17!..., )..f; Xt71L'Mvi.lJ. t.a.rl ,H~l~ IE ~.,'
Plffl..__;t..~_;t,.~lr ~1t1!~/f. .71JJi.,..Il1t'11.~ .-- -
I
I!!9f!f.,O ')7J .o.~ Cofrv~ _t..l:~~a'lAnO l!!J!~ ~_~~tm-l^, HP~r:'?r::..
ITS SC4~l!:: OF 1t~I'6IAU-1V. ~ On ~ eeu'!Jon COMl'-' ,
4. Why rlo you want \I,l ~erve on this Board?
.r .&~ 11.r...rtf.!!J4. t..B~ JIJV.1~r.~.6-lt1t!Y1 ~.-'t.,~
. ~W. 17J M.. AW_~~.r.n I1lJ'=>>. ~t:.b. ;k..N111 ~~nb- ~fbnEnI
I ·
1f-k(JJ!.~..'i.~fJI'J.v.f!::!!!!1.!.~~O,..SCE .7Jh5. ~~.lk!e~ /}jffJtES
.
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1lPY..l{J1..~J)PIte. ~ :s~~__Ij~_CArV. _.. .
Hl)I1'\'~ ,;:??l€JUL-l'J? 1-:9:
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Boord Nt\lIIe; M <! e, t3
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CITY OF CLEARWATER
Application for Advisorv Boards
(must be Clearwater resident)
RECEIVED
FED 1 2 1996
CITY CLERK DEPT.
Name ~ ~rC '( c..i~ E-. ,~1 ,tl(f( 1\'
Home Address: Office Address:
LQ::. '1(1 L\ I S I c( .", -;S Cf jf; u.. ( r..i
.C' t e .~ '\ v,l' ~_tc)>/ ZIP: :~, 4-62. Lf.
....
---
~.
',-
~
~'..., 0 .' '7
Telephone -.J.'";...... 1_' C LI- ,.I
Telephone
How Long a r~:id~~t of the ~ity of Clearwater?
ILJ.-.'f"-- ., . . I
Occupation r-, ~ \... r' \., . L.-. I,;. r r:~ \ Employer
Field of Education:' '~_i... - \ ~:' "J ~
~-
'I (~~
I
Other Work Experience:
\' . I -: I, ' , ,... _. : .'{ ~ '0 ~. , _ . .-;
:.. .. \, \ \...... ...',.. _ \").'., _ , . _ .j . L....., : I.
" ,
L (1- . r \ ~ ' \... '", -."; r:::.,. "'1-7' . -, _ .
~ '....'- o. " ,) '-"-1-- . '.'\ oJ:' r ..- t t- <: '... l~ ~ I , ~
\''-' I . \ I .1 . . ,\ ::t.- '~' 4- ~. ',' I -' i.. ..... )
If retired, former occu'pation "'~1 -:-:. :"..'11'_ ~\"...\....l""~.:"\>\..;_\ '. " _ ,.~ '_'..\..\ ~~ \ \:.. \ t~ ~:-. \ ....
), ~.
I f --" , I "'... . ~_.. - , :- I . jo." .
C . A .. 0 I .. ~ ~. t \' ~ " .... ..... p l ,L,,' .... ..- J ,f" 1.' ... ... -
ommuOIty ctlvltes: _{....... .,',JI' ~"""l' "1.1.- .....c/l. ,f ....~ ...." ~',"-~..~ .:<-.~.....-' -! '
.. . . '.. '.. '
SrJ::k\.i~ 1.-:-1":'J: '"I ~""" .' -!tfC,-; C'....l(t ~;~.tZ=.'--l.-\....\.~l-...... \. \~~\".-.\.._~1I..L...-
o '} '. .
O h I ...' I.. .. , 'l ' I I I ( , (l \' ' t.. i" l i
t er nterests: ')j~:.. ~~..........,' """L.:"'h'-__~"\-"~ ".... ......~~I."~.~..'.' ~~ c.....;~.". II: ~.,..- ~,' I t:J ~('-:..
.. t...i
'.
Board Service (current and past)
'-0
. 'I - "
.\ l t'r~~.;
Board Preference:
..t)C.tl--L\ (ineligible until 1/25/2000)
'-'.~
\ ;
\\ ~....\. .....L.....~' ....~
lc,..:A~ b: i'''': '::i :;'- ~~'..L. ~r
Additional Comments:
Signed:
11.rll S
~\
Date: :2. f~J;'Jj i.r '. ) 'I ./ t; 1l"
I
'\.. t .
\'; 'fC t
, t, ~ ,_~ . IIi'
Please see attached list for Boards that require Financial Disclosure. PLEASE RETURN THIS
FORM TO: City Clark's Department P.O. Box 4748 Clearwater, FL 34618
9 .1 5, <17 \J'ex'\-9.~ d t'\ V'\~ res+ \"\1 Me EB
-
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BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and responsibilities?
'Yv\ L td..U'svU\ Ji.,t. ~ILL. B~oJ{d ~ :te~ Ct(AC.( ~.~ '''O)l~~b.l ():tt~.\
I~( LCl~(.'d ,-iLL\?. DhLl~LL:; ", U((~ oY st;;f/ck.l~cfj c.~
dJ1. .i-1.:0., l!.C{ (-0 ~fQ J Qj,L/A €./A. k" /11 =- -1 k.: Ll LLo..t.. 't'CI 4
Lt r ~e.-/ Ill-+- r f"\ f L-_ \
~-C.. " '-... '\"C.&-t..dUl.,{.."-J,S DQ ue....O.-.YtAb.:~.
2. Have you ever observed a board meeting either in person or on C~View, the
City's TV station?
-:C. ~ ob;Q)Utcl. 1ti ~~Gl (~ ~ss.l611 bait\" un C - V"''t.LJ
a.u..d. CL-~ (L ~ (J)'e..&.e 1.cbctM..'€ ~6 c:~ eolf.-clo H-sS.,1. b'r~ t(~ 151.-:'0 "a:l .
3. What background and/or qualifications do you have that you feel would qualify
you to serve on this Board?
~ \ Sbll H~ l )~lc.((tc
U. f~ \$ ~~s;. n
ti ,tlls/~ fu. cl "t..Cl:.
4. Why do you want to serve on this Board?
~~ :it~I.(Kt ~~-(<'>LU~ IhLlu.k ~ ,/":0. >s uS t.o'ldo
V-re t.c.~td:-; cuuL a..~ C\.. C-Q.~ <-A A- hl( Y7t (Of 'S" D')l c\' e.J. b.L
~EE5 tt o..&~lL~Q.. dJ.s~u..~ Ll~Yt~ k~l.U\l LaLAi-
:CfAh~fb ~Yl}C. l1c.~t:l.I.L~ -:c ~ ~ o..!)~bJm~~
~~y) e.i'\CJL - ha.v1119 o...l~ 0 k Y\lt' clc4 o...ll1~ ,v-.k:r qf ]:) I: -A B ,
Nama: C1btL f )~ 10.. 'it ~ Board Nama,!tl Lll ,~c: L ~ito &.t. b"'\TiL"- ll~ ,.:1 B
,~ oc:Tobx l'111
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C:TY OF :LEAF:WA TER
Application tor Advisory Boards
(must be Clearwater resident)
Name i,j\t-L.1A- M C', 1='1..C, \.,\~ ~b
Home Address:
'2-0C) S:-,C ~ ?r ~ A? T '-
C\:-<:A~.)(l "lU\ ZIP: 3 1.{c.,30
Telephone ~q - 24. 2. )...
Office Address:
ZIP:
Telephone
How Long a residen~ of the City of Clearwater? '5.' ~ 1911'/
Occupation ~ - ~-\:~ e.\ Employer
. I...
Field of Education: Other W.ork Experience: u~fl. (":D.o.. - f..<cw- ,
U -- \... L ll. f'i. G...."""7\.{.~ ~r. V:t-C'c.hA - ~ J1
\~~ \--\ \::: - ,-, \C)n- {tJ..-lf CJ..oU"l?"""'-. T.p~- ~'&. ~.~.Q,.J'.'v\-'"
(l^M1- ...:.. f 1 ",......... h~f "'1 \ q.,.., , ~ ~~ " 6!J;.- ~ H.~" J^" :--<......"... 'Ii II=" ",-~I
I _ ~L.U ~~r~ . ," lift.
l.A-t-O....u.M.f' ,~a.. LUCL"t,..t....A. 'D.'c'~i ~...t .AJ.^ ~
If retired. former occupation !\AUbJ.,.....::1<t \l~. t..eJ,..M.L.tJ. c;'uJLJjwu~^-. B~."t.. ~iJl~. (.1..CV'"
~ --~. +~Jl.4. - ytA!>$ ,
Community Activites:~~\J a ~+~ ~ \JSF, ~lM.o...U e~ ~,..,c..tJ..f.l,\ j
c&....r\ \?~ 0." (> ~ {'1 - ~~ s....... ~ I>> ~aA-\ ~~ ~
Other Interests: ~ts'L.~\ \l.l, 4' "''.'^-c\ I ~~ D6.URQ~ ~I A..c:'':'&tV.. (~
\ , t".5>--\'^";,
Board Service (current and past) Board Preference: ~.f,J "C'l"..>-
-to 1'." 51 -
f~ ~ -HfJ~,:>.SfQfA..
f3!J "f Pb~,u..e.~~7 ~
k~c,;.~~ ('/.9 ~ 4~~'-4. (-
\ \ .
?\~~ ~~~\
\?J\.J.9;-J1.J 1\ ~vko0d Col1\~l.\fd.
.
Additional Comments: Vtu.PcP....L ./~,,~rf) Iv {~ aJ)J},' (,'C/I...J tfJ(,t f~ ~ Jl'lj.J1lu;..'
Signed& - ~ {} tl QU-,: Date: '/ /J..frjr 'I .. ;.. to.,.,
~<l..lk 1I/,~fcr5 -ku.1' 01'\lis+S .
Please see attached list for Boards that require Financial Disclosure. PLEASE RETURN THIS
FORM TO: City Clerk's Department P.O. Box 4748 Clearwater. FL 34618
<6/11.\ ICf~ -\uJ(e ofr M c:. E"~ RECEIVED
\-e '\v-e.. c Y\ P L 7 F f<. C- APR 2 8 1994
I () 1<, jq 7 _ b ~ 1\ s'kd C 11 M c.. E' B I P?, i Ft: CS:lTY CLERK DEPT.
0':
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i
1..~~tlit-"'t~,'~'i'..)f.~.'*H-v"'."~,o-. L'
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(~11)
Name-.MI/,~", F. S-C-~j,dn
CITY OF CLEARWATER
Application for Advisory Boards
(must be Clearwater resident)
Home Address:
Office Address:
J,rtJ ~lnwt- &~,
UfM.rt\"wt'6Y' ZIP:JY6Io
Telephone ~'/ / a () () 7 Telephone
Huw Long a msident of the City of Clearwater? 7 ~~
Occupation ~ Employer
ZIP:
Field of Education: Other Work Experience:
7If-:.~ ..b. ~-7 ~ :t'F-- oJ...;..,
d:JJt d<~ts.-. ~ ~
If retired, former occupation /t.U; ~ ~ drw-e .
;;muni:;;lt:~~~ ~
r ~ cP~'
Other I~terests:,-J- ~ U--J.I ~ ~,.~~
Board Service (current and past) Board Preference:
Slgned:~.. ;J ~
~j!~~~
~~~~
err ~ a.c..
Date: ~. ~ / Y j 1
f/ wi
~~
~~tL.1L.
~~ ~ -;:;.~"'- f:J;!c.
~ ~ Jln,J. T-iJJt~ er.
.)'lel{~a"u'U~At3:
Please see attached list for Boards that require Financial Disclosure. PLEASE RETURN THIS
FORM TO: City Clerk's Department P.O. Box 4748 Clearwater, FL 34618
,I' " ~
BOARD QUESTIONNAIRE
,. What is your understanding of the board's duties and responsibilities?
k ,,_L_il.~~;rJ~~<Z d,.~~~
~~~~rl~~zJ~
nfLlLr- c;;-/ ~ ~ 4 " n./ +.
2. Have you ever observed a board meeting either in person or on C-View, the
City's TV statlon?
~
'I
3. What background andlor Qualifications do you have that you feel would qualify
you to serve on this Board?
M . ~ %;~tr-k
~. ~ -rrN.-I~/~ ~~;--:a ~
.s~ - ~ . -;J . J
J - '$:t,f L ~ ;a,..~ ~~J./r1-:;c&. .,:Q!.,--
~ h'fi'lo~fro serve on this Board? .
~:;..- (/' ~ ~ J~ z;;-
~ a, d!'^-~ -m ~4 'I # ...:..
-7'~~ · P.Ji?CETVED
DC r 24 1997
~ITV GLER:~ Oi:~T.
Name: 1U.I~
Board Name: M C. E. 8
.
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Nov-06-97 09:30A AudQ Shand Williams
tD.'-oS-l99'7 11:32 Cl.EAA1.~TER Cln' CLERK
813 539 0099 P.02
813 ~62 6488 P.003,OO3
BOARD QUESTIONNAIRE
,-e:.. ~
Applk:ant's Nam.: /f'1eer<T AUCIE.
NaIM of Board Applying For: /YI(J/lI~/fNt ~t::lE' EJ./1i7t<CE'HfIfJJT' /!;:()rff'C:)
,. What Is your understanding of the bOBrd'a duties and responlibilities?
· 7d /7lt.//!;I;Mrr; t7J1t:J< Ci7a t:J/J;:7I\CEIY/ir1VT IIHIIDt~
- it) ~ rlwRS ~ E:5TAet./!#f ~flC1I""? ;::i'f'C-
)./~IJ' -t.PtnPl(A(./ C€:
# TI/I~ I~ 1/t:Jr" l!att~O OF AtAJ'i/~7(11arr.
__ -" ;..;. ,,- :'.#.11_ _: .
. i
. ~
2. HavILl you ever observed II boerd meotlng oither In person or on C-View, the
City', TV station?
, 1c11aJu:D nt~~1 ~61/1A~ /YI(fl:TK/6~ 711N1I6/fOttr
1Y11t? 1'160'5 A!:J t<JA1$? fY1mt~
3. What background and/or qualifications do you have that YOU feel would qualify
you to serve on this BolStd?
- '7 Velff(~ rf(lo~ :;-.t::KVIC€ ()~ {Y'ICI::./';J
# ~ c.fli'~fl!> A~ C!I1A f~tYlAII.
4. Why do you want to serve on this Board?
· ~/mm{,/I.flrl( JNVdUE111F:J.rr
, HU,F5 ME ",aFe~/(Jf{/lLl.Y 7a .51A-Y
tuJ?:l?EWt WI7H CUILPItJG, 'Zr7I1IIJG, f Q7tf~
~PE~ cf O/i:P11/M1a: FB:EUtA71CJJJ~ .
TOTRI... P. OOJ
4 ,t' . 'I"~S-J:~,,,"""'f_-"""
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Nov-06-97 lO:12A AudQ Shand Williams
tOJ-C6-1997 lC:SS a.~TER CIT'( C\..EPJ.:
813 539 0099
1:'1':' ~b4 b~OO
,..~.&
P.02
UUJ.
CITY OF CLEMWA TER
Application for AdviSory Boards
(must be Clearwater residenU
Name
Robert J. Aude
Home Address:
1719 Brentwood Drive
Office Address:
19353 U.S. Highway 19, N., Suite 101
Clearwater, FL
33756
Clearwater" FL
33764
ZlP~
ZlP:
Telephone 446-3628 Telephone ___ 535-4585
How Long Q rosident of tho City of Clearwater-?.:.. , ,~~. y~ars
Occupation ~ Architect
, .
. .. ~ .!
I .
Employer Aude... Shand & Wi LL iams, ,10c., AlA
Field of Educatlon:
, Archi tecture
,
Other Work Experienc:e:
If retired. former occupation N/A
Community Activites: lnvoLved with Housing Authorhy
Prior invoLvement with Sister City Program
Other Interests:
Church
Board ServIce (current and past)
Boord Preference:
Current: Clearwater Housing Authority
Former: MCEB - 7 years
Signed:
Oat.: 11/6/97
AddirioniJt
I
'.
Pleaso see attach~ Ust fO( Boards 1hat requito Financial Olsclosuro ,t 1h. time of
'appointment. PLEASE RETURN THIS FORM 10: City Cleck'# Departmont P.O. Box 4748
Clearwator, FL 34618
TOT~ P.DOl
r
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re. = ~ 1
CITY OF CLEARWATER
Applloatlon for Advisory Board.
(must be CIIlJfweter midt!lt)
: Nam.,,--" \l\ A Q.y Rn r~ \!. ,R. t'.)
-
(t\afJ Y
, Home Addrell: Office AddreSl:
; J..9 ~ ~'5' ~ ~ V t. G. 'U (J.. _ \ as 0 ~ f1 {, ~ AS "5 T . S Ln r eo c..
: C.'Lf:~' W A"i ~ IL ZIP: 3 ~ r, (.,~ _ C I,.. t.,4. rLw AJ, (~ 21P: ~.3 'J S f4t
;
. ~ T8~QPhOn{l ~ti ( Telephone 4 ~ L:..~ q l Cf
. I ~
I Haw Lon; I r'Bf~,QS of the CItV of Churweter? 0( ,I) 'I ~ s ,
: I .
l ocoupatlon..R ~ ALTO tt.. Emplover (~~ 1. F ) R e: a,~ E to t. ~l -\..l e~ f'E.. "1 \'E.,)
, I
i Fi~td of Education: Other Work Ex~.rlenc.:
I @\J.~O\,LA.\f. () }\'\ ~\ol., ~\"Clt.....:k\..E.OO Dl9 QtA.r".~Tt'A.lL 6to\(,.~tt--2.~ Yft.S ,k
;~~tZ.or;. O~iD 5.-rA-r1- J Pe.,OPE:th"l O\A.JA{"~l'\'\fo Al"T"
t/A~lOc)j RcAc... ~ST-A.7l. (..o..;!t.~~S
t If retired, formar occupation
I
: ca~mmunlty Actlvltel: L tAD ~ rt), }.l \ ",,-- e ~ t t.(,....o.~ . JtJ N \0 tL L~e- ~ ... t. 0 C" C'-(.~Ou(,
: i
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, Other Intar..t.:
Board ServiCQ (current and pn1) BoArd Preference:
-
Pf\R.,.u.c Q..t ,.,.J S~~SLlr~(~ll..uq"
..llP A a..._ c... .F~J tV DA" ~N
-
,
I
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Add1donal Common,.: r
SI9ne~~C'J JI_ ~t\~
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IOARD QUESTIONNAIRE
\c 'd-- ~
Appllaant'. Nlm.:~ A.R. y . J?.O~ ~ ~u
-
Nlm. of BOIrd AppfvJng For: _M ~ }..hc.. \PA '- Co 0 ~ ~ ..ur.Qtl'-~ M e"-" "t" SuAt'-C)
,. What f. your under.tandlng of thl txllrd', dutJel and r..pon.lbllltles?
'-\\. <t.- t)D At ~Ol~ D~ T \ t ~ ~ f..e... \1) U ~ K 0 ~ 0 'r\{ L
CoO ~ ~ tV A L 1 ~ 0 B '" '1' k e.. C. l''t Y " r- C. c.. ~ A 1t41 ^ 7 E fL ~ ,\0 AT T t /w' ,
~C- ft'\CltJ"T~H.1 rn~~J'Jt)(.-s Ou W~D, Aj .3 =00 P,~.
&ro.c..."T(;.M.'~ '''''''''~t~ ~A.~ eL~iGtOIT''1 AND Tk~ Bo.,,~o
mLJ~I Dlc.,a~ \.l.ow \"~ c..oO~ CJJ"5 \A.\1l:rvO&.tL
II
: I
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11
I
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1
I
'2, Have vou ave' observed I b08rd meotlng eIther In pl!rson or on C-VI,w, the I
City'. TV s,.tlon? I
y ~'S .r ~ ~"t ,,-'I -r "ill} 4. JJ,,. \,- WAS t ~ € ~'"lIN 6- ( P.at."T \(.u.... ....'1,....'( t'
O"Y'~~ c. A So Eo- W kC> I. L ..,. \"" ~ ~l' Nt L= ow ,.) f-,t... ~ ~~., ... 0 J\ P b b L. \..u'\", tq (L I;
"F (\ 0,-..1 .,. Y A " 0 I'c '"T' C. ,Po ~ '- 0 \'Hd... ) .
I 3. What blCkgrOU~ andlor quallflcatlonl do you hevo thlt you fd81 would quo.Jify
you to lerva en thl. Board?
As A Re. ~~'TOtt.. ~ ~ ~("..~~v ~ \UA.":t :c: UN Of ~S-rAA.lO '\ \-\. t.
J1J ~ (:: ~ ~ t ! YL4 .il ~ ~ AU; ,J b- -r l-l\ s 80 1\ ~ O"""'b .p B.J.. u \ '0 ~ - n Co Qu A'- \'T Y
TI{AT~ ~ ,Au... "''oJ.e~cl AS c:.(.GA.(l..u.U\\~.G.: ~_E~\Q~~TS +'T9 (;PI-40(..0
T\\ f:. 1- A t..;~ f) F {) {j Jt,. c,"r y. f\5 J\ ('Ao e ~ e" ,/ () L.Ll^-' l (L.::=r u ~ P I:. ~ ~ i A.~ n
I . , "
T" ~ tJ l' E: SS .,.., fa f- Co .".,\c.^"" S ~ ,oJ S E.. +.\"'b e ~ ' 6 u..st iJt.s.s F t!.'E,J 0," Y Thu
4. Why do you want to ser'le on this Board?
:c b2u~ ~<..~All"W1\'i:.(t.. A.^,O ~M\..t) L.\"-~ ~ TA~L.
f A ~'T Lv \ TS 0, R t::t:r ~R tV. -CKl'i. J3t'\ A. L 0 \ S 0 (] l.. 'rkA"'"
:.c- W () tJ L 0 [; e- W ~L '- 5q fr ~ " "F'~ ~ \.\AJ \.AJ c,... 6cc JJ '"",
fJ.,foAL f5'TA)'~~ :Fbtt... 30 YRS ~,1Jl) Old-4Ul'I}~ Q)A~"'" !JAIl'lOUJ
Res 1\' ~A."7 tAr c- + c:.o ,'" fY\ ltl..;.., UA~P\ e.~ f. s 0 ~ J2.~A'- c..~" AlE. ~tAX1'~ .
'Tk ~ YlAg"S. T AL...~I\YS. s,~\v~"-(l:) e~ oP~.J C\'\lA:OE.D
A. tJ 0 l=' A \.,. AtJ D tT W 0'"' "'" () e 1:. ~.u "O~C ~ \"'0
I .
.s e R \l t.. o.~ T \-\ , s 6 0 ~ R. 0 .
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3\ ~.
ORDINANCE NO. 6205-97
AN ORDINANCE OF THE CITY OF CLEARWATER.
FLORIDA1 SUBMITTING TO THE CITY ELECTORS
A PROPOSED AMENDMENT TO THE CITY
CHARTER AMENDING SECTION 2.01 (d)(4)(v) OF
THE CITY CHARTER TO DELETE THE
REFERENDUM REQUIREMENT FOR LEASE OF
CITY PROPERTY WITH THE LA,ND USE
DESIGNATION OF RECREATION/OPEN SPACE;
PROVIDING FOR A REFERENDUM ELECTION;
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF CLEARWATER, FLORIDA:
Section 1. It is hereby proposed that Section 2.01 (d)(4 )(v) of the City Charter be
amended as follows:
Sec. 2.01. Commission; composition; powers.
. . . . .
(d) Limitations. The legislative power provided herein shall have the following
limitations:
* . * * .
(4) Real property.
(v) No municipally owned real property identified as recreation/open
space on the city's comprehensive land use plan map as said pJan existed on
November 16. 1989 November 1, 1979 (or as may be amended addod to thereafter),
may be sold, 1036Eld or cOAveyed to another entity without prior approval of the qualified
voters at referendum, exc.ept when the commission determines it is appropriate to
dedicate right-of-way from properties identified as recreationlopen space.
Section 2. A referendum election is hereby called and will be held on March 101
19981 at the general municipal election for the consideration by the voters of the City of
Clearwater of the proposed Charter amendment. The question to appear on the
referendum ballot reflecting the proposed amendment to the Charter at the regular
municipal election scheduled for March 10. 199B, shall be as follows:
OrdInance No. 6205-97
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CITY RECREA TION/OPEN SPACE PROPERTY
Shall Section 2.01 (d)(4)(v) of the City Charter be amended as provided in
Ordinance 6205-97 to remove the requirement for a referendum prior to
leasing city owned real property identified as recreation/open space on
the city's comprehensive land use plan map on or after November 16.
1989. but retain the requirement for referendum prior to sale of such
property?
YES-
For amendment to City Charter
NO-
Against amendment to City Charter
Section 3. The City Clerk is directed to notify the Pinellas County Supervisor of
Elections that the referendum item prOVided above shall be considered at the election
to be held on March 10, 1998.
Section 4. This ordinance shall take effect immediately upon adoption. The
amendment to the City Charter provided for herein shall take effect onry upon approvar
of a majority of the City electors voting at the referendum election on these issues and
upon the filing of the Amended Charter with the Secretary of State.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Rita Garvey, Mayor-Commissioner
Approved as to form:
lllt
Pamela K. Akin, City Attorney
Attest:
Cynthia E. Goudeau, City Clerk
2
Ordinance No. 6205M97
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ORDINANCE NO. 6207-97
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA. SUBMITTING TO THE CITY ELECTORS
A PROPOSED LEASE OF CITY PROPERTY AT 701
NORTH MISSOURI AVENUE TO HEAD START
CHILD DEVELOPMENT AND FAMILY SERVICES,
INC.; PROVIDING AN EFFECTIVE DATE.
WHEREAS. the City of Clearwater has leased the property located at 701
North Missouri Avenue to Head Start Child Development and Family Services.
Inc., since 1971; and
WHEREAS. Section 2.01(d)(4)(v) of the City Charter prohibits the lease,
sale or conveyance of municipally awned property identified as Recreation/Open
Space on the City's Comprehensive Land Use Plan Map as said plan existed on
November 1, 1979 or as was afterward amended without prior approval of the
qualified voters at referendum; and
WHEREAS, the property located at 701 North Missouri Avenue is
municipally owned real property identified as Recreation/Open Space on the
City's Comprehensive Land Use Plan Map as the plan existed on November 1,
1979, or has since been amended; and
WHEREAS, Section 2.01 (d) (4) (vii) prohibits the lease of municipal
property for a term of more than 30 years without a referendum; and
WHEREAS, Head Start ChUd Development and Family Services. Inc.,
performs a vital and valuable pUblic purpose; now, therefore.
BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF CLEARWATER. FLORIDA:
Section 1. It is hereby proposed that the City of Clearwater renew the lease of
City-owned property at 701 North Missouri Avenue, which was identified as
Recreation/Open Space on the City's Comprehensive Land Use Plan Map on or after
November 1, 1979, to Head Start Child Development and Family Services. Inc., for an
additional term not exceeding 30 years.
Section 2. A referendum election is hereby called and will be held on March 10,
1998, at the general municipal election for the consideration by the voters of the City of
Clearwater of the above lease to Head Start Child Development and FamUy Services.
Inc. The property is located at 701 North Missouri Avenue. The question to appear on
the referendum ballot reflecting the proposed lease for an additional term not to exceed
30 years of property designated Recreation/Open Space on the Land Use Plan Map an
Ordinance No. 6207-97
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or after November 1, 1979, at the regular municipal election scheduled for March 10,
1998. shall be as follows:
LEASE OF CITY PROPERTY TO HEAD START
Shall the City of Clearwater lease its property which was designated
Recreation/Open Space on the Comprehensive Land Use Plan Map on or
after November 1, 1979, located at 701 North Missouri Avenue to Head
Start Child Development and Family Services, Inc.. for an additional term
of not more than 30 years?
YES-
For the lease
NO-
Against the lease
Section 3. The City Clerk is directed to notify the PineUas County Supervisor of
Elections that the referendum item provided above sball be considered at the election'
to be held on March 10, 1998.
, Section 4. This ordinance shall take effect immediately upon adoption. Following
approval of a majority of the City electors voting at the referendum election on these
issues, the City is authorized to enter into a lease of the property at 701 North Missouri
Avenue.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Rita Garvey, Mayor-Commissioner
Approved as to form:
JifJ4 .
Pamela K. AKin, City Attorney .
Attest:
Cynthia E. Goudeau, City Clerk
2
Ordinance No. 6205.97
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MEMORANDUM
TO:
FROM:
Honorable Mayor and City Commissioners
!?'hA-
Pamela K. Akin. City Attorney
RE:
Amendment to Police Officers Pension Plan
DATE:
November 4. 1997
The Board of Trustees of the Police Officers Pension Plan has submitted to the City an
ordinance which changes the investment language of the Police Officers Pension Plan.
At the commission work session, 'Commissioner Hooper asked why the ordinance did not
simply reflect that investments shall be as required by Chapter 185, Florida Statutes.
Section 185.06, Florida Statutes, permits a municipality which has a duly enacted pension
plan to adopt an ordinance varying the investment procedures as outlined in Section
185.06. Our current Pension Ordinance already differs from the statutory procedures as
permitted.
The requested ordinance adds language to Section 2.474(c). Code of Ordinances. which
broadens the investments which can be made by the Board of Trustees. The changes
would permit investment in small and mid cap stocks and funds. This is not presently
permitted under the ordinance or 185.06 F.S. The changes were recommended by the
Plan's investment advisors. This language was prepared by the Board's attorney, Lee
Dehner of Christiansen and Dehner. and has been approved by the Police Pension
Board.
In sum. unless otherwise provided by ordinance. the pension plan is limited to the
investments outlined in the statute. The City does have the power upon request of the
Board of Trustees to change the investment procedure outlined in Section 185.06.
PKA:jmp
Copy to:
Michael J. Roberto. City Manager
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ORDINANCE NO. 6208-97
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING CHAPTER 2,
ADMINISTRATION. DIVISION 5, POLICE OFFICERS
PENSION PLAN. SUBDIVISION II,
SUPPLEMENTARY PENSION AND RETIREMENT
PLAN. OF THE CODE OF ORDINANCES OF THE
CITY OF CLEARWATER; AMENDING SECTION
2.474, POWER AND AUTHORITY, TO REVISE
INVESTMENT AUTHORITY; PROVIDING FOR
CODIFICATION; REPEALING ALL ORDINANCES IN
CONFLICT HEREWITH AND PROVIDING AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF CLEARWATER, FLORIDA:
Section 1. Chapter 2, Administration, Division 5, Police Officers Pension
. Plan, Subdivision II, Supplementary Pension and Retirement Plan. of the Code of
Ordinances of the City of Clearwater, is hereby amended by amending Section
2.474, subsection (1)(c), to read as follows:
(1) The board of trustees shall have power and authority to invest and
reinvest the assets of the pension fund in:
* * * * *
(c) Common stockISt. proferred stocks ~lnd bonds and other evidenco of
indoblodnoclSt issued or guaranteed by u corporation org:.mizod
YfI90r 1=1'....& of the Unitod StatocJ any &t:lte or organizod territory of
the Unites St:ltec OF tho Di&triot of Columbb, providod:
1. The corpomtion is Iicted on any ana or more of tho
Fecognized "::lUon;]1 stock exch3ngo&;
2. Tho corpor3tion moats tho stond3rds sat forth in F.S.
~185.06(1)(b)1 as moy bo amended from timo to timo; and
Stocks. commingled funds administered by national or state banks.
mutual funds and bonds or other evidences of indebtedness. All
individually held eauity and debt securities and all equity and debt
securities in a commingled or mutual fund must be issued or
guaranteed by a corporation organized under the laws of the United
States. any state or organized territory of the United States or District
of Columbia. and each eauity and debt security must be traded on a
nationally recognized exchange (including NASDAQ). AU debt
Ordinance 6208.97
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securities shall hold a rating in one of the three highest
classifications by a maior rating service. and if such investments are
made in a pooled fund administered bv a state or national bank or
mutual fund. then the rating of each issue in the pooled fund shall
hold a rating within the top three (3) rating classifications of a maior
rating service. No foreign investments shall be permitted whether
owned individuallv or in a comminaled or mutual fund I except to the
extent permitted bv Chapter 185. Florida Statutes. as amended from
time to time.
3: The board of trustees shall not invest more than five (5)
percent of its assets in the common stock or capital stock of
anyone issuing company nor shall the aggregate investment
on anyone issuing company exceed five (5) percent of the
outstanding capital stock of that company; nor shall the
aggregate of jis investments in common or capital stock or
convertible securities at cost exceed sixty-five (65) percent of
the fund's assets.
Section 2. Specific authority is hereby granted to codify and incorporate
this Ordinance in the existing Code of Ordinances of the City of Clearwater.
Section 3. All Ordinances or parts of Ordinances in conflict herewith be
and the same are hereby repealed.
Section 4. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Rita Garvey, Mayor-Commissioner
Approved as to form:
. ~rd, City Attorney
Attest:
Cynthia E. Goudeau, City Clerk
Ordinance 6206-97
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ORDINANCE NO. 6211-97
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AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, RELATING TO SPECIAL EVENTS; AMENDING
SECTION 22.83, CODE OF ORDINANCES, RELATING TO
PARADES; TO PERMIT PARADE PARTICIPANTS TO
TOSS CANDY, MEDALLIONS AND SIMILAR MAlTER;
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER. FLORIDA:
Section 1. Section 22.83, Code of Ordinances, is amended to read:
Sec. 22.83. Conditions.
Permits issued pursuant to this division shall be subject to the following
conditions:
(1) A permit may be revoked upon discovery by the city manager that any of
the conditions set forth in section 22.85 exist.
(2) Special events may only be approved for daylight hours except in areas
possessing appropriate artificial light.
(3) The chief of police may stop a special event where a breach of the peace
is occurring or an activity in the nature of a riot has occurred.
(4) The public forum area is to be Jeft clean and undamaged foHowing any
special event.
(5) The city manager shall have the authority to restrictt limit or prohibit the
use or construction of platforms. chairs, or other equipment if he finds that their use
would result in damage to city property or constitute a hazard to safety or would block
or infringe upon some other lawful use of the public property.
(6) The grant of the permit shall not entitle the applicant to violate any other
general park rules or regulations, or regulations applicable to the use of public property
adopted by ordinance.
(7) A deposit may be required where a request is made to use city services Of
equipment.
(8) In the caGe of parades, tho applicant 3grooc th:lt thoro will be no tossing of
oandy, medallions. or othor like matter by thoGO p:uticlpating in tho parade.
Ordinance 6211-97
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!ID~ The conduct of the event will not substantially interrupt the safe and
orderly movement of other traffic contiguous to its route.
!ID~ The conduct of the event will not require the diversion of so great a
number of police officers of the city to property police the line of movement and the
areas contiguous thereto as to prevent normal police protection to the city.
!1IDt141 The conduct of the event wiJI not require the diversion of so great a
number of ambulances and fire rescue units as to prevent normal ambulance and
rescue service to portions of the city other than that to be occupied by the proposed line
of march and areas contiguous thereto.
!.11lf4-2-) The concentration of persons, animals and vehicles at assembly points
of the event will not unduly interfere with proper fire and police protection of or
ambulance service to areas contiguous to the assembly areas.
@~ The conduct of the event will not interfere with the movement of
firefighting equipment en route to a fire.
{1ID(44t The conduct of the event is not reasonably likely to cause injury to
persons or property, to provoke disorderly conduct or create a disturbance.
!Ml(49} The event is scheduled to move from its point of origin to the point of
termination expeditiously and without unreasonable delays en route.
.t1ID~ Reimbursement to the city for expenses and fees charged for a prior
such event or parade.
. Section 2. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Rita Garvey, Mayor-Commissioner
Apprpved as to form:
Attest:
Pamela K. Akin, City Attorney
Cynthia E. Goudeau, City Clerk
2
Ordinance 6211-97
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ORDINANCE NO. 6212-97
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AN ORDINANCE OF THE CITY OF CLEARWATER. FLORIDA
REU\ TING TO THE ENVIRONMENTAL ADVISORY BOARD;
AMENDING SECTION 2.161, CODE OF ORDINANCES. RELATING TO
OFFICERS; AMENDING THE NUMBER OF MEMBERS NECESSARY
TO CONSTITUTE A QUORUM; PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER. FLORIDA:
Section 1. Section 2.161, Code of Ordinances, is amended to read:
Sec. 2.161. Officers; conduct of meetings; staff liaison.
(1) The board shall elect from its membership a chairperson. a vice-chairperson,
and such other officers as the board may find necessary. Each officer of the board shall serve
for a term of one year.
(2) The board shall adopt rules of procedure to govern the conduct of its business.
The board shall hold at least one regular meeting every three months and may hold regular
meetings more frequently as the board may agree, but not more than one regular meeting
shall be held per month. A quorum shall consist of three fuw: members. In the presence of a
quorum, board business shall be conducted by a majority vote of the members present and
voting. The board and its members, including any member appointed to a special task force,
shall comply with the public records and public meeting laws and other applicable laws of the
State of Florida.
(3) The city manager shall designate a city employee to. serve as staff liaison for the
board and to assist the board in the performance of its duties, including the appointment of a
recording secretary to meet the administrative needs of the board. Any request by the board
for information, reports, or other significant work efforts that will reasonably be expected to
exceed eight hours of staff time shall require the advance approval of the city commission.
Section 2. This ordinance shall take effect upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Rita Garvey. Mayor-Commissioner
form:
Attest:
Cynthia E. Goudeau, City Clerk
Ordinance 6212- 97
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SATURDAY IN THE CITY, INC.
Downtown Farmer's Markel
301 HlllclDSID11ve Nonh
cCoo:~~~s1g~ CI1J8rw811J1, 11 33155
OCT 2 2 1997 18131461-1614
October 22, 1997
PRESS
CLERK I ATTORNEY
Dear Commissioner Johnson:
We are writing to ask you to review the following information. We will ask the City Manager's
office for a request to be submitted to the city commission to provide funds for Saturday in the
City, Inc., and ask for your input as to what additional information should be included.
Our opening was wet and rainy, Saturday, October 18, 1997. In our planning to make this a
healthy event and one, which can be self-sustaining if, nurtured so that it will grow with each
week, we had free coffee, ice cream and popcorn. We also had clowns who made balloon
animals. The downtown merchants support us as we have twenty prizes donated for a market
drawing. Because of the weather at our opening, we will hold the drawing on Saturday, October'
25, 1997.
A synopsis -- the first Fanner's Market opened February, 1996. That season ended the second
week in May, 1996, with season two starting in October 1996 and concluding May, 1997.
Season three started October 18, 1997. Our second birthday will be February, 1998. Any
continuing event needs at least three full years of growth to see its potential. Other
municipalities such as Bradenton, Sarasota., Fort Myers, Winter Park and Orlando have Farmer's
Markets some of which have operated for 20 years. Our committee has visited these markets.
We have followed the advise of the successful matkets and appear to be on target with our
business plan. We review current periodicals relating to city-sponsored markets.
Saturday in the City, Inc. is non-profit and a group of volunteers who plan Saturday events to
bring people to downtown Clearwater on Saturdays.
Reconunendation: We would like the City to again co-sponsor our event and waive the
insurance and any City fees. Since we are less than two years old, we would like to request a
contribution from the city of $5,000.00, payable to our organization, for our current season.
Summary:
. The City Commission policy regarding special events states: "all fees and relat~d charges
will be waived for City-sponsored or co-sponsored events; i.e..... There shall be an annual
review of City-sponsorship-sponsored event during the budget process.
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Letter to Commissioner Johnson on Saturday in the City, Inc. funding
Pege 2
October 21, 1997
. We are attaching a copy of our approved budget as we)] as a chart showing City budgeted
funding for 1996-97 and 1997-98.
Our event is meant to stimulate downtown. It is most important we have appropriate support to
start the season properly so that the event wi)] grow and add to downtown development.
This is not a parks project however Parks advised they would submit our funding request for
moneys coming from other budgets. Saturday in the City, Inc. met in May, 1997, with Ream
Wilson and gave him all the infonnation requested to submit Saturday in the City, Inc. 's funding
request for 1997-98. We did not learn until October, 1997, that we received Zero. Parks advised
us funding was limited and all funds available would go to projects to assure city employees job
security. Parkssaid they would submit at the 10/16/97 commission meeting a request to waive
the insurance and provide in-kind services (garbage and a port-o-let) at $1,164.00. Since we
have not heard, we can assume th~ commission acted favorably on that request.
This ia a minimal amount and if funding is not possible it is very likely that the market will not
be able to continue this season. We have approved eighteen vendors for the market and expect
that amount to increase with the season.
Yours truly,
Robert P. Fernandez
President
RPF/pdf
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SATURDAY IN THE CITY, INC.
Weekly Farmer's Market
Actual 96/97
cash Contribution from City............ ............$5,000
In - Kind Con t r i bu t ion. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1 , 109
(included waiver of insurance, port-o-Iet and garbage barrels
provided by City to service the event
Parks & Rec. will submit to Commission on 10/16/97
In-Kind Contribution...............................$1,164
(to include waiver of insurance, port-o-let.and garbage
barrels to service the event
.Requesting 97/98
Cash Contribution from
C it y. . . . . . . . . . . . . II- . . . . . .. . . . . $ S , 000
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Advertising
Posters and flyers
Advertising
Postage '
Op:ning Celebration
Banner for causeway
, Promo supplies
Entertainment
Equipment & RentaJ
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FARMER'S MARKET
FY 1997/98
Income from vendors and
Revenue from promotional items
Occupational License Fee
Legal Fees "
. Accounting
Coffee program
MiscelJaneous
TOT AL,............. " "'..... ...
Parks & Ree to provide:
Port-o-potty
Trash Removal
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350.00
3,000.00
40.00
500.00
350.00
100.00
1,500.00
500.00
(2,500.00)
50.00
300.00
200.00
110.00
500.00
5,000.00
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City of Clearwater
Annual Performance and Planning Form
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EMPLOYEE NAME:
JOB TITLE:
City Attorney
1996-97
Official Date Review Is Due: October, 1997
Pamela Akin
DRAFT
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City Attorney
, . * . . . . . . . . * . * * . * * . . * . . . . . . * . . . . * * . * * . .
AREAS OF ACCOMPLISHMENT:
I have had several major areas of focus this past year:
1. The Time-Warner Franchise negotiations concluded
successfully in November with the adoption of a new cable franchise
agreement. Because of changes in the Federal Cable Law and the
entry of competition into Clearwater market, this process was lengthy
and complex.
2. The Municipal Services Center projects and the Harborview
contracts required a substantial amount of my time. The legal
issues are mostly resolved at Harborview. MSC while not complete
is moving forward and my legal involvement has been substantially
decreased.
3. The Atrium litigation was mediated, negotiated and finally
resolved.
4. Negotiations with 3M resulted in the removal of all of their
nonconforming signs without litigation with the exception of those
located on U.S.19 and Gulf-to-Bay east of U.S.19. Substantial
progress has been made in negotiations with Patrick (Eller).
5. Successful conclusion of negotiations between Mike Roberto
and the City and drafting and negotiation of employment agreement.
6. Equally important, this year a substantial amount of time
and energy was focused on two areas which required less of my
legal skills and more of my policy and advisor role; Le., strategic
planning with the Commission and Management Team and Human
Resource Policy with the Management Team.
7. The City Attorney.s Office successfully managed the move to
and from the Chamber building with minimal disruption of services
thanks to the efforts of the legal department staff and the city
departments involved in the moves.
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Annual Performance and Planning Form -") r-
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PRIORITIES FOR COMING YEAR:
1. Assist Purchasing Department in revision of ordinances,
policies and procedures.
2. Evaluate present and upcoming legal priorities and needs of
the City departments.
3. City Charter review.
4. Provide legal assistance including preparation of documents,
ordinances, research and management of outside counsel necessary
for .implementation of City goals and vision.
DEVELOPMENTAL AREAS AND ACTIVITIES
1. Apply for Bar Certification in City County Law.
2. Develop Internet legal research skills.
Signature:
Date:
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Peliminary Agenda
(W orksession)
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PRELIMINARY AGENDA
Clearwater City Commission Worksession - 9:00 A.M. - Monday, November 3, 1997
I. Convene as Pension Trustees
II. Reconvene Worksession
PUR PURCHASING
Tempaco of Pinellas, extension, misc. gas repair & installation materials, 1/1/98-12/31/98, est.
$289,732.91 (GAS)
Crane Carrier Corp., three 1998 rear loader refuse collection vehicles, $336,210 and one 1998
Crane Carrier side load refuse collection vehicle, $132,393, for total $468,603: funding to be
provided under City's master lease-purchase agreement (GS)
M.T. Deason Company, Inc., extension, yellow P.E. 2406 polyethylene pipe & fittings, 1117/97-
1116/98, est. $185,768.20 (GASl
Ward Oil Company, Inc., diesel fuel delivered via tank wagon, 12/16/97-12/15/99, est. $40,000
(EN)
Petroleum Traders Corp., unleaded fuel delivered via transport, 12/16/97-12/15/99, est.
$550,000 (GS)
Mansfield Oil Company, diesel fuel delivered via transport, 12/16/97-12/15199, est. $800,000
(GS)
Ferrell Gas, propane, 1117/97-11/6/98, est. $200,000 (GAS)
Roll-a-way Shutters, storm shutters at City's Emergency Operations Center & Police
Communications Center, $35,394 (FD)
Electric Supply of Tampa, marina utility power center pedestals, $40,850 (MR)
GTE Communications, Norstar Key Telephone Systems at Fire Stations #2, #4, #5, #6 & WPC
Northeast Plant, est. $20,500 (1M)
Sprint of Florida, PBX Remote Fiber Shelf for Fire Station # 1, $1 5,800 (lMl
Pinellas Heating and Air Conditioning, Installation of gas referenced jobs throughout gas system,
11/7/97-12/31/98, est. $ 50,000 (GAS)
Spartan Oil Company, extension, fuel for resale at Clearwater Marina, 1/1/98-12/31/98, est.
$762,900 (MR)
M.T. Deason Company, 3408 high density black polyethylene pipe & fittings, 12/1/97-11/30/98,
est. $129,735.71 (GAS)
FN FINANCE
1 . Approve $38,500 payment to Michael Dandeneau, for adjustment of workers' compensation
permanent total benefits (including principal, penalties & interest) from 8/1/88-10/3/97
1M INFORMATION MANAGEMENT
1. Amendment to Contract with Total Event Management (TEM) to add management of Japanese
Public Relations Program for Clearwater / Nagano Hospitality Center Project, amount not to
oxceed $154,500
2. Purchase of Video/Audio Equipment for City Hall Chambers, Encore Broadcast Equipment,
$179,061 (Consent)
PO POLICE
1. Contract for City's Community Notification Project equipment to ATS, a division of AVTEC, Inc.,
cost not to exceed $32,900 (Consent~
11/03/97
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2. Contract for Pelice Department's fiber optics radio tower link project, Bay Resources, Inc., cost
not to exceed $186,189.80
EN ENGINEERING
1. (Cont. from 10/16/97) Approve C.O.#1 for active remediation of former City Hall Annex /
Montgomery Wards Site to Post, Buckley, Schuh & Jernigan, Inc., increasing amount by
$282,450 for new total $442,450; and approve 30 day time extension
2. Agreement for covenant running with the land tor wetland mitigation activities located adjacent
to Mullet Creek, for Landmark Drive Extension Project, as required by FOEP (Consent)
3. Agreement for professional services, Tampa Bay Engineering, Inc., related to FOOT and Pinelles
County utility relocation and accommodation, 5 year term (Consent)
4. Contract for Storm Pipe Replacement - Lake Lucille Outfall; Deer Run East I Eastland Blvd.;
Waters Edge Townhomes, Clark Hunt Construction, Inc., $198,795.10
CP CENTRAL PERMITTING
1. (Cant. from 9/4 & 10/2/97) Public Hearing & First Reading Ords. #6172-97 & #6173-97 - Land
Use Plan Amendment to Recreation/Open Space tN upland area and Preservation for wetland
area & OS/R & P Zoning for property located at 2950 Drew St., Sec. 8-29~16, M&B 44.01; and
receive & refer associated site plan for approval by the Development Review Committee (City of
Clearwater, LUP97-07, 297-08)
2. Variance(s) to Sign Regulations for property (Pinch A Penny) located at 651 Court St., Court
Square, Blk 13, Lot 7-9 together with part of Lot 6, Magnolia Park, Blk 13, Lots 10-12 together
with vacated alley between (Capcot Corp. I Porpoise Pool & Patio, Inc., SV97~12)
CM ADMINISTRATION
1. Authorize City Attorney to execute a retainer agreement, Nabors, Giblin & Nickerson, P .A., for
assistance in special finance issues associated with the Gulf to Bay Corridor Enhancement
Project, $24,000 (Consent)
2. Approve conversion of four contract positions to permanent positions with full City benefits
(Consent)
ClK CITY CLERK
1 . Municipal Code Enforcement Board - 3 appointments
CA LEGAL DEPARTMENT
Second Reading Ordinances
1. 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)
2. (Cant. from 10/16/97) Ord. #6197-97 - Amending Sec. 20.35 to require certain maintenance of
the sidewalk portion of r-o-w by adjacent property owners (To be Continued)
3. Ord. #6201 -97 - Annexation for property located at 1487 Otten St., Terra Alto Estates, Lot 2
(Brenda Evans, A97-11)
4. Ord. #6202-97 - RS-8 Zoning for property located at 1487 Otten St., Terra Alto Estates, Lot 2
(Brenda Evans, A97-11)
5. Ord. #6204-97 - Creating Sees. 2.241-2.246 establishing a Brownflelds Advisory Board,
amending Sec. 2.063 to exempt certain members from residency requirements therein
11/03/97
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6. Ord. #6206-97 - Relating to special events, repealing Sec. 6.30 to delete provision requiring city
commission authorization for sale of alcoholic beverages
First Reading Ordinances
1. Ord. #6205-97 - referendum ordinance re amending City Charter Sec. 2.01 (d)(4)(v) to delete
referendum requirement for lease of city property with recreation lopen space land use
designation
2. Ord. #6207,-97 - referendum ordinance re proposed lease to Head Start Child Development and
Family Services, Inc.
3. Ord. #6208-97 - Amending Sec. 2.474 of Ch. 2, Div. 5, re Police Officers Pension Plan,
Subdivision II, Supplementary Pension and Retirement Plan to revise investment authority
4. Ord. #6211-97 - Relating to special events, amending Sec. 22.83 relating to parades to permit
parade participants to toss candy, medallions and similar matter
5. Ord. #6212-97 - Relating to Environmental Advisory Board, amending Sec. 2.161 relating to
officers; amending number of members necessary to constitute quorum
Agreements, Deeds and Easements
1. Waterline and sidewalk Nonexclusive Easement - Sec. 17-29-16-85546-000-0020 & 0030 IPark
Place Land, Inc.)(Consent)
OTHER CITY A TIORNEY ITEMS
City Manager Verbal Reports
Commission Discussion Items
1. (Cont. from 10/16 to 11/6) City Attorney evaluation
2. (Cant. from 10/16 to 11/6) City Manager evaluation
3. Fiscal Review Committee request
Other Commission Action
Adjourn
I
11/03/97
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Interoffice Correspondence Sheet
To:
Mayor and City Commission
Michael J. Roberto, City Manager
From:
Tina Wilson, Budget Director
cc:
Kathy Rice, Deputy City Manager
Rick Hedrick, Assistant City Manager
Bob Keller, Assistant City Manager
Date:
October 29, 1997
RE:
Fiscal Review Committee Priorities
At the meetirig of the Fiscal Review Committee (FRC) of October 9, 1997 the FRC had a discussion of possible projects
that they should be working on during this fiscal year. I had suggested that the Committee work on some or all of the
following issues: '
. FRC Committee Mission Statement & Goals
. CommiUee Rules of Procedure
. Business Plan Updates
Marina Solid Wasle
Pier 60 . Recycling
Sailing Center Parking
Gas Operations.
. Utility Rate Study Analysis
. Penny for Pinellas Priorities
. Department Performance Measurement Review
However, the Committee members also discussed the list of approximately fourteen items that the City Manager had
discussed with the Commission at the most recent Commission meeting. The Committee expressed concerns that they
should spend their time working on issues that are the most important to the City Manager and the City Commission.
Based on this discussion, the Committee has made the following fonnal request of the City Commission:
Fiscal Review Committee Request to City Commission'
"The Fiscal Review Committee requests that within the next 60 days, as goals are
. defined by the City Manager and the City Commission, that specific project priorities be
identified for the FRC to review. The FRC would like to be provided with a copy of a
priority list of Committee projects as identified by the City Commission and the City
Manager. The infonnation will assist the PRC in reviewing and addressing issues and
providing recommendations more expeditiously. The PRC feels that their input will be
impo,rtant to the future of the City of Clearwater."
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