11/20/1997
r,
. ,
, I,
.' ,
I., .
\~:::>?'N~'>'~:l~:; ;;'i:'~ii:,~:::t~~:/:i;;~'L>/; '~:.~ft~!:: {~ri;: >: ::~~:J.\'~~\ '~"." :'>:>~' .
~
Agenda:
.'
"
.,r. .
..
"
.":' ~", :. .
~;.
.'
">,"
..,
",c"
",' ."
<it, ..'
,1."1.,,'"/
"
I'
.<
\\. ~
.' .
; ,
11-20-,97
} I !u 5
....
-
_ ----.d
..
. . . ,
, .., . . ." : .... ........:. ';:' ;; ;;(:":.; 'i,":'''';''': :.:,~};; '.', ", .... '.'
City Commission
Meeting
11-20-97
, .
note: 11-17-97 Preliminary (Worksession) Agenda and paperwork
that was in package initially but then not continued onto
Thursday's agenda is at the back of this agenda pack.
)/t&
c .' .... .' "~ ",...' ,~.< > ~ -.0._".. It ._.....L.......~..._.~ - '-..;.l..a.L~""""T.I!..-~"'-'~ c
. ...........~.,,'. .~~ .,
~
-
I'
.~'. '. . 'I :
...1
.~ .:'?(~~~." . ~':~~n'. ~ c'"
ACTION AGENDA ~ CLEARWATER CITY COMMISSION MEETING
Thursday, November 20, 1997. 6:00 P.M. . Commission Chambers
1,
2.
3.
4.
5.
6.
Invocation
Pledge of Allegiance
Service Awards
Introductions and Awards
Presentations
a) Keene Road Update
Approval of Minutes - Regular Meeting
11/6/97
1. Commissioner Johnson.
2. Mayor.
3. 1 award presented.
4. None.
5. a) Update received.
6. Approved as submitted.
7. Citizens to be heard re items not on the Agenda
Deborah Kines, 1997 Chair of Jazz Holiday, thanked the City for Its support of this year's event. She
reviewed plans to distribute the proceeds. Of $45,000 received, $25,000 came from rain insurance.
Procedures to serve beer and wine passed AIF inspection.
Phil Henderson, 1998 Chair of Jazz Holiday, said he had donated dock space for offices to Jazz
Holiday. The staff position will be increased to full time. He reviewed plans to include a Seafood
Festival and expand the event to 10 days.
It,rk Dolaro said a protest against Scientology is scheduled for December 5 and 6, in Clearwater. He
spoke against their practices.
PUBLIC HEARINGS
8. Public Hearing & First Reading Ords. #6210.
97 & #6213-97 - Annexation & CG Zoning
for property located at 2131 NE Coachman
Rd., Mosell Acres Sub., part of Lot 2
(Frederick & Camille Hosley, Harvey & Dana
Kerstein, A97~12)(CP)
8. Approved. Ords. #6210-97 & #6213~97
passed 1 st reading.
Public Hearing - Second Reading Ordinances
9. Ord. #6172-97 - Land Use Plan Amendment 9. Ord. #6172-97 adopted.
to Recreation/Open Space for upland area
and Preservation for wetland area 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)
10. Ord. #6173~97 - OS/R & P Zoning for 10. Ord'. #6173-97 adopted.
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, Z97-0B)
1
11/20/97
t .. )t'!L ._~, r"~""
n ". . 1< ,,. t...... \~ ...:,\\ .:,}ul-';.. ~\,..!io-""'" .. ~n'
........ ... ......... ~.. "- ~ ':r" T.
La".~,. "'+ '..../.1 :, I ,t~":"~i~;'""<~,,,,~:, ~
.
r
."
I""
'. . i
11. Ord. #6207-97 - referendum ordinance ra 11. Ord. #6207-97 adopted.
proposed lease to Head Start Child
Development and Family Services, Inc.
12. Ord. #6208-97 - Amending Sec. 2.474 of 12. Ord. #6208-97 adopted.
Ch. 2, Div. 5, re Police Officers Pension Plan,
Subdivision II, Supplementary Pension and
Retirement Plan to revise investment
authority
13. Ord. #6211-97 - Relating to special events, 13. Ord. #6211-97 adopted.
amending Sec. 22.83 relating to parades to
permit parade participants to toss candy I
medallions and similar matter
14. Ord. #6212.97 - Relating to Environmental 14. Ord. i~6212-97 adopted.
Advisory Board, amending Sec. 2.161
relating to officers; amending number of
members necessary to constitute quorum
CITY MANAGER REPORTS
CONSENT AGENDA (Items #15-21 J - Approved less 15(2), 20 & 21.
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. Aooroval of Purchases per 10/23/97 memorandum:
Voyager Fleet Systems Inc., extension, vehicle fuel, 12/1/97-12/1/98, est. $360,000 (GS)
Interprint Web and Sheet Fed, publication of The Clearwater Magazine, $105,600 (IMI -
APPROVED.
16. Approve reappropriation of $102,130 of General Fund operating savings in the Fiscal Year 1996-
97 budget to fund specified projects in the currant fiscal year (BU)
17. Contract for educational services, Pine lias County School System I Clearwater Adult Education
Center, est. $92,060 (PD)
18. Ratify/Confirm C.O.#l (close-out) for Clearwater Bench Recreation Center floor repairs, JSS
Property Professionals, Inc., for $12,718.60, for total cost $37,606.60 (PR)
19. Work Order, Post, Buckley, Schuh & Jernigan, development of Pretreatment Ordinance for the
City & its implementation, $90,260 (PWI
20. Contract for tenant build out at Harborview Center (Pickles Plus Too), Macre Construction, Inc.,
$158,400; and approve C.D.#1 which reduces the total contract to $109,898 (CM)-
APPROVED.
21. First Amendment to Lease with Pickles Plus Too, Inc. (CM) - APPROVED.
OTHER ITEMS ON CITY MANAGER REPORT
22. Additional Services request by Post, Buckley,
Schuh & Jernigan to update & complete
Utility Rate Study, $22,174 (FN)
23. First Reading Ord. #6217-97 - Submitting to
the City Electors a proposed amendment to
the Employees Pension Plan; amending Div.
3, Sac. 2.399, establishment and operation
22. Approved.
23. Approved. Ord. #6217-97 passed 1 st
reading.
2
11/20/97
r
,
., :1.,", I -
: ..:~,..' :c' :: .:....~.::.;~:~>~: '~h'~';,~:~ .~. :.: '~; "':0 ~. ",1. , ."
;' '", I
~. . '.
Ie
of Pension Fund, Subsection c , Powers and
. Duties of Trustees, relating to investments;
providing for a referendum election (FNI
24. Lease Agreement, city owned property
known as Clearwater Airpark, 1000 N.
Hercules Ave., to Clearwater Aircraft, Inc.,
operate & provide aviation services, five year
with 2 consecutive five year renewal options
subject to Commission approval prior to
expiration of each term IPWI
25. First Reading Ord. #6215-97 - Relating to
schedule for Solid Waste Collection Rates~
amending Appendix A, Art. XXV Public
Works Fees, Rates and Charges; Sec. (3)(c)
Solid Waste Collection Rates
26. Approve additional in-kind contribution of
$544 to "Saturday in the City", bringing total
in-kind contributions to $1,708 (eM)
27. Approve funding criteria for award of
sponsorships and charitable contributions and
establish funding for same in the amount
$50,000 (CM)
28. Other Pending Matters
24. Approved.
25. Approved. Ord. 1/6215-97 passed 1 st
reading.
26. Approved.
27. Continued.
28. None.
CITY ATTORNEY REPORTS
29. Res. #97-64 - Relating to the Money 29. Res. #97-64 adopted.
Purchase Pension Plan; approving the
declaration of trust of the ICMA Retirement
Trust; authorizing the City to serve as trustee
under the plan and to invest funds in the
leMA Retirement Trust; designating a certain
official as coordinator for the Money .
Purchase Pension Plan; authorizing execution
of administrative agreements by the City
Manager C
30. First Reading - (Cont. from 11/6/97) Ord. 30. Withdrawn. To be discussed at next
#6205-97 - referendum ordinance re worksession.
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
31. Other. City Attorney Items 31. None.
32. City Manager Verbal Reports
a) Report re Ft. Lauderdale Trip - Trip reviewed.
11/20/97
3
r
'I"""""<
-~~, _.'r
"
I '
. , > ~-
. .. '". f"' ,.~ " .' ;.,
33. Other Commission Action
a) City Attorney compensation - Approved 2% salary increase plus car allowance and leave
schedule comparable to the City Manager's benefit package. Mayor authorized to sign amended
contract.
Clark appreciated the perceptive suggestions and questions asked him by Oak Grove Middle School
students during the Great American Teach-In.
Clark questioned if the January 12, 1998, Work Session is scheduled to start at 1 :00 p.m. Staff will
advise. It was noted the Greater Clearwater Chamber of Commerce's annual meeting is scheduled
that day.
HOODer said the mural project along the Pinellas Trail is progressing slowly. He suggested approving a
mural for the former vice building. A new appraisal for the building has been ordered. Consensus was
to allow a mural to be painted on the City-owned building as long as an exemption to the 5-year
requirement is permitted.
Johnson requested input regarding the Handbook on City Solutions. The City Manager said staff is
identifying visible locations where improvements can be made.
Johnson congratulated Clearwater paramedics for winning the Turner Award.
Johnson thanked staff for working with the Clearwater Free Clinic regarding impact fees. It was noted
. the clinic had been referring to the wrong ordinance.
Johnson requested staff present information regarding TBRPC proposals for economic development.
Seel expressed concern the Pinellas Trail's Grand Opening is days away yet the Ice House still stands
in disrepair. The building's owner has promised to paint it before the grand opening.
Seel reported the County-wide traffic timing project is underway. A summary of the last MPO meeting
addressing this and other issues has been forwarded to the City Manager.
Garvey said she had been asked to submit to the Great Floridians' Program the name of a resident who
has made a significant contribution to the community. She challenged Commissioners to propose
suggestions.
Garvey requested an explanation of a recent letter from Congressman Bill Young. The City Manager
indicated the Federal government now provides tighter interpretations regarding the Private Property
Implementation Act when a use is changed.
Garvey reported the Tampa Bay Partnership has produced a video encouraging the development of a
high-tech corridor along 1-4 from Tampa Bay to the Atlantic Ocean. The annual report is available in
the City Manager's Office.
Garvey invited people to attend the Farmer's Market on Saturday mornings at Station Square Park.
Johnson said Commissioner Clark's participation in the Great American Teach-In had been
inspirational.
34. Adjournment - 9:52 p.m.
4
11/20/97
" .'
. c:": :..:'.;"'.'1 '. . >
. ~~.::- \,:~~,,: . ;", ,:'r."~c-\,~'; .., . ~..
. ',.i',' . <
,'} . I I
CITY OF CLEAR WATER
Interdepartmental Correspondence
TO: Mayor and Commissioners
FROM: Cynthia E. Goudeau, City Clerk@)
SUBJECT: Follow up from November 17,1997 Work Session
COPIES: Michael J. Roberto, City Manager;
DATE: November 18,1997
In response to questions raised at the November 17t 1997, Work Session, the following answers
are in final agenda order:
Item #16 - Reappropriation of funds - the funds being reappropriated for advertising is not for a
new firm, it is for advertising done with Peak Barr. A report of how the advertising dollars have been
spent will be provided within a week.
Item # 18 - Clearwater Beach Recreation Center floor - the Legal Department is investigating if
there are any legal remedies for this work.
Item #22 - Additional Services for Utility Rate Study - Of the additional $22t174 - $584 goes to
Post buckley, the remainder goes to Burton Associates. Of the total $119,700 for these services Post
Buckley will receive $9,000 and Burton and Associates $ 110t700. A report regarding the retained
earnings in each fund will be provided to you tomorrow.
Item #23 - Ordinance re Pension investments - liability coverage for the Trustees and PAC is
being investigated.
Item #24 - Airpark Lease - it is projected that the payback for the new hangars will take
approximately 3 ~ years. The Hangars were completed on June 16, 1997. 75% of the additional revenue
generated has been paid to the City 25% has gone tot he FBO. The City Attorney is investigating
whether a certified audit can be required.
Item # 25 - Solid Waste Rates -.see ~Ll..dll~d memorandum from Bob Brumback. wr~ "-1-eW\,
. t"
"'.
'"
I"",
I..
. .,~ . .
i-
,
'.'
j':
.i,
.:,,:~::i.'<::~J~~ i'::!"",:~,( :':; >;.~::\~~;~~::;f:~.';>\V,r~~~;;/>_:';~.~':!~r'.' ".::., :.
0,: t ~ '
~ .. .
'. .
TO:
Mayor Garvey
. FROM:
Sally Thomas, City Clerk Specialist
. SUBJECT:
Invocation
COPIES: .
Cynthia Goudeau, City Clerk
DATE:
November 20, 1997
:!
..J . No minister will be present this evening.
/.: ,
Father Mulligan is scheduled for December 4th.
. ":..i
. .
\
',.1 c
, ,
J. .
.~/
:U>".
I {r.c. >,~
,:~II'I.; .
13 '-tJ
I ~,
. " ~
CI T Y OF C LEA R W ATE R
Interdepartmental Correspondence
8)
CLEARWATER CITY
COMMISSION
Agenda Cover Memorandum
Item II:
Meeting Date: 11/17/97
11/20/97
SUBJECT: SERVICE AWARDS
RECOMMENDATION/MOTION:
The following employees be presented with service awards for their length of service in the
employment of the City of Clearwater.
IliI and that the appropriate officials be authorized to execute same.
BACKGROUND:
5 Years
Louis A. Corona II
Alethea E. Licata-Hearin
Ruben J. Hernandez
William F. Keller, Jr.
Margo K. Gustavson
Vincent R. Booker
Gary A. Johnson
Stephanie Z. Stefanelli
Joyce M. Kirchoffer
David J. Lane
Michael K. Furlong
Police
Police
Fire
Fire
Police
Fire
Engineering
Engineering
Library
Library
Community Response '
25 Years
Lawrence V. Dowd III
James Powell
Parks & Recreation
Library
10 Years
Timothy. S. Charles
Todd J. Still
James M. Quinlan
Michael D. Pryor
Deritangian Y. Davis
Public Services
Public Services
Police
Solid Waste
Library
15 Years
Charles M. McPherson, Jr. .
Anna M. Fierstein
Parks & Recreation
Human Resources
20 Years
Gretchen A. Bush
Library
Reviewed by: Originating Dopllftment: Costs: Commission Action:
Legal HUMAN RESOURCES o Approved
Budget Totel o Approved w/Condltlonl
Purchulng User Depsrtment: o Denied
Rl8k Mgmt. Current Alcal Vear o ContInued to:
IS Funding Sourco:
ACM o C.p1tallmprovlnwntt
Other Advert1.ed: 0 Opllr.Ung:
Data: 0 Attachments:
Oth.r.
Paper:
Submitted o Not Requlrld Appropriation Code
by:
Affected Partlos:
o Notlflad D None
City Manager C Not Required
~!. .
" .
I'
j" c \
_,0__,. +.n ,"~ ......... ....I.lo....._~........J'4oO'~........, ,.....~I "~.~,,t.~.. ".i.t."J.I"'",' , ';' t.:, . ".
TO: Mayor Rita Garvey
FROM: Betty Blunt, Confidential Clerk/Receptionist
COPIES: City Commissioners, Michael Roberto, Cyndie Goudeau
SUBJECT: Presentation at the November 20, 1997 City Commission Meeting
DATE: November 20, 1m
The following presentations will be made at the November 2oa' City Conunission meeting:
. 5 'years
Margo' Gustavson, Pollee Department (letter of appreciation, pin with city seal)
, .
I "
I' '
1
I
!.
I'
. .,,".
-
I
,
-..........
-
i
I
, ,
5 C\~
KEENE ROAD PROJECT
Phase 10 and Ib
-
;
! ,
-
,
, ;
1
.d
..""
I
I
" ,
GULF-TO-BAY BOULEVARD
TO
SUNSET POINT ROAD
..,
!
....
...
!
,
.'1
]
]
J
....
.J
1
'W.
l
-J
l
....J
SERVING YOU EVERY DA Y
Presentation to:
, '.
! ~
NI
CITY OF CLEARWATER
CITY COMMISSION
u
~
i
I ,----~-----------. ............___uo ...___u 1(F4. ~~9~;~t\NiEg~~~~1~~I~~~3~6~"" ..
-
J
l
,j
-
!
I
-
, i
, i
...
"
d
..,
j
..,.1
J
J
j
J
]
]
]
J
Fl
..
f1
'-f
u
~
I
m
..< ... ~ :';
KEENE ROAD PROJECT
PHASE IA AND IB
I.
INTRODUCTION
The purpose of this presentation is to present the construction plans prepared to date for the portion
of Keene Road from Gulf-to-Bay Boulevard to Sunset Point Road (See Figure 1). The Keene Road
project is a highway design and construction project to extend Keene Road from its current end at
Gulf-to-Bay Boulevard in Clearwater to Aldennan Road in Palm Harbor. The project has been
divided into several phases as follows. Please note that only the phases shown in bold type are the
topic of this discussion today (phases IA and IB).
PROJECT
Pl{A$E
LIMITS
PROGRAMMED
CONSTRUCTION YEA.!!
IA: Gulf-tn-Bay Boulevard to Drew Street
IB: Drew Street to Sunset Point Road
VII: Sunset Point Road to Virginia Street
II: Curlew Road to Tampa Road
IV: Tampa Road to New York Avenue
V: New York Avenue to Alderman Road
April1999-April2001
April1999-April2001
1999
April 1999-April 2001
1999
1996
The study portion of the Keene Road project began in March 1993. A Preliminary Engineering
Report analyzing expected traffic load. lane configuration. intersection geometrics. right-of-way
impacts. environmental impacts, and utility considerations was prepW'ed and submitted to Pinellas
COWlly in May. 1994. This report formed the basis for the construction plans development which
are currently at the 90% completion stage.
R:\ADMlN\REPORTS\KEENE.PI W
-
1
~
.J
-
I
-
1
I
i
-
:
. ,.
-
\
.
.,
-
r
I
, ,.,
-
J
J
J
J
J
,]
J
o
N
d
r,
id
{..
j \
IIIlI
~
~
m
:....... '.:~iol'rl~:': . in!",... ~.... '~r~~" .......... , .. t ..
,"
. ,. .~.". . ,'.. ,"',
N
~
l'I
~
r
PHASE 1-8
PHASE1 A!
STREET
~
o
0:
VIRGINIA,
AVE
o
a:: \',; ~
W ,i3
~ i' ffi
w " :I:
~ ,'\~
'.1"
",
GULF . TO B Y BLVO
~
Ct:
E
KEENE ROAD - PINELLAS COUNTY
PROJECT LOCATION MAP
M
.. - ~. ~. ..-.
L-_""":'" ..
"
-
, I
-
....
!
Additionally, two Public Infonnation Workshops were held for the Keene Road project. The first
public meeting for these Phases was held on October 11~ 1993~ and the second public meeting was
held February 22, 1996. These public workshops allowed concerned citizens the opportunity to
provide input at the early stages of the project.
-
I
,j
,-~
-
J
I
->
II. PROJECT OVERVIEW
...,
I
.J
The Keene Road I C.R. 1 corridor has been an integral part of Pinellas County's 10ng~range highway
plans for over 15 years. The present MPO 2015 Long Range Plan, includes Keene Road as a six and
four~lane divided roadway between S.R. 60 and Tampa Road in Palm Harbor.
]
]
]
1
,,J
l
.J
Currently the primary north/south travel corridors in central and northern Pinellas County are U.S.
HWY 19, Alternate U.S. HWY 19 and Belcher Road. Collector roadways such as Hercules Avenue
and Highland Avenue supplement this north/south traffic flow. The Keene Road/C.R. 1 corridor
between Gulf~to-Bay Boulevard and Aldennan Road, will provide a major north/south thoroughfare
in northern Pinellas County and will serve as a much needed parallel traffic reliever for Alternate
U.S. HWY 19. Major portions of this corridor already exist as either two~lane or four-lane facilities.
However, several discontinuities and missing segments severely limit the overall effectiveness of
the corridor. The section between Virginia Street and S.R. 580 has just been constructed but the full
value of the roadway will not be realized until the missing segments near Gulf-to-Bay Boulevard,
Sunset Point Road and areas north of Nebraska Avenue are constructed. This roadway project will
provide a continuous multi-lane thoroughfare between St. Petersburg on the south and Palm Harbor
on the north.
]
~1
j
'"'1
-
In February of 1987, the Pinellas COWlty Subdivision Reiulation Sector Plan. Traffic Corridor Plan
and Ri2ht-of-Way Requirements Plan was adopted. This plan established a 100~foot wide right-of-
I.'
I i
..
u
R:\AOMlN\REPORTS\KEENE.PIW
-v'
- --
- T-
...
It
k.I
3
~
~
L.-'III.~"..J..>ir\l"~~Hlt-~~\l'! l~"'" ',' co'....
.c ~'. ~"~",.+....,.., ...,.....,'_____~..."I....' " ,.~ ,......~ ' .
, ':
-
-
-
. ,~
-
I
1
, '..f
-
j
-
I
j
....J
-,
.J
l
_J
]
]
,
I
!
.J
]
J
1'''1
I
[ ~
.....
"-t
~
,.".
I .~
: (
.,
I .
~
~
~
way for Keene Road between Gulf-to-Bay Blvd. and Alternate U.S. HWY 19. Much of the needed
land for the extension of Keene Road has been dedicated or acquired in accordance with this plan.
The roadway will typically be situated within a I20~foot right-of-way, south of Drew Street and
within a 1 aD-foot right-of-way north of Drew Street.
The construction plans shown here tonight were based on traffic forecasts for the northern Pinellas
County area using information provided by the County MPO and data collected by King Engineering
Associates, Inc. Traffic forecastst roadway and intersection designs were developed using state-of-
the-art teclmiques, and current roadway design standards. The roadway and intersections were
designed to accommodate maximum traffic flows through the year 2015 and to provide relatively
smooth flowing traffic operations. Throughout the study and design, special attention was given to
left turn and right turn storage lanes at intersections to ensure that turning vehicles have sufficient
storage area out of the through lanes. The need to minimize additional right-of-way acquisition and
construction costs was very important. Right-of-way cost will be minimized by using areas already
dedicated to the County for this project and construction costs were minimized by analyzing several
alignment and construction options.
The construction plans show that the roadway will be a six-lane divided urban facility with curb,
gutter and sidewalks between Gulf-to-Bay Boulevard and Drew Street (Phase IA). North of Drew
Street to Sunset Point Road (Phase IB), the roadway will be a four-lane divided urban facility also
with curb, gutter and sidewalks throughout (see Figure 2). Full median openings will be provided
at acceptable distances to provide for access to side roads. The predominant posted speed limit will
be 45~mph and truck traffic may be restricted to daytime hours.
The typical section (see Figure 2) includes a 20-foot wide grass median and two or three travel lanes
in each direction. The inside lanes will be II-feet wide and the outside lanes will be 12-feet wide
Illy- --" -
R:\ADMIN\REPORTS\KEENE.PI W
~---
---... -.
4
~
~~~~"....:..I.Ni.w.- ....{.. .." ,..
> ~......-. ~ .... "'. .o\o"._~""-"'.
----....-.:-
-
~
'I
-
i
i
I $~
hD
~
; ,.
, J .;!: I
Too g S~ ~ft
- h e i I
' I Too I~ In
.<, , ~ I
s a .. Too 6
!:lI}- d i i
- ~ II
j h
r- 'ot .
E. 4- ~ i1-4- 9
l i i
tI :: l! -
-,. I
D P ~ -
0
d ~ ~ '<
l 0
g: 0:
::4- 1II =4- 9 I-
....-..1 z
~ ..J (5
w ~wt5 ~a..
] I I ~25 ~~i= I I fi~
l3~ C1U Wz
~I w . z:J ~ e CD 1II ~
~~ <lIIg wof!:ui i
~ V)..JV)U -...J
-...J..j w~ ~
wtSlD W<zG: ~-I
~-I i!: 0- I Vl~ I-
1 I ..~ V!->- ~1.Ad < w
<~ < :r: w
9 :r: CD gUwfh o.w g:
.....I a. I u...... ~ ~
b ~ wo V)OVla: 5;
r! 51 ZV) ,0 11
! I~ Ozl-l>. ! IW
1 Fo~V) ..,.0:
IDa ~J=-:lZ 0
Z ~~~:5 ;:,-1> 2 z
"- ::-1> w
w >1I1a.a. ~
~
] ~ ;; W
W ~ lJl
D lJl 0 !I -
d - z
l! a
::-1> i :: -I> ! i !
] ~ li'
Too ~~
~ h ;
] !:!-I> ! '\r 6
~ I
'\r i~ In ~
h ~6 ...
J '\r g S!
;.
j~t ~
llIlf ~6
f" ~~
I t
...
~ TYPICAL SECTIONS ~
II
KEENE ROAD PROJECT FIG. 2
I
..... ...... ..- ,.-
...........----.--..--
"
r
. '
'i
",,'~.~ .. ,..... ., < . .. "'iI'l. , ? .
-
1
"j
J
with 4-foot bicycle lanes. Recovery area between the back of curb and the right-oC-way is 12 feet
in most areas and wiIl include a sodded area and a sidewalk to accommodate pedestrian traffic.
.....
I !
f' ,
J
l
....
, Available today are: graphics depicting the Project area; the construction plans for the design being
considered (including right-or-way requirements for the improvements); typical sections for the
roadway; cost estimates and schedules (see Figure 3); and other additional information regarding
drainage and environmental considerations.
J
J
]
]
]
Technical staff from the County's Department of Public Works and King Engineering Associates,
the engineering consUltant assisting the County with this study, are available to answer any queStions
you may have. Please do not hesitate to ask.
....,
I
.J
]
l
..:J
,
U
o
r1
....
tJ
U
o
~ -- .
it\ADMINIREPOR. TS\KEl!NE.PIW
-
6
~
~~~@t..&)iio-<<"",,,,,Il..~_r--H~, ,:~. .....d."..__.-........,~_~. ._~'-;......p'........._....._ .~..
f~: '. . .' .' .' .
~'
........-..........,..........:,.:...."......~ 1-.'l'~.'" .................'\.1t.\..1I,...,'.!..;~ to" 1 ~~I
-
-
.i
1
..t
-
,
i
I
,d
..,
_J
l
.,.-,'
J
J
J
~
.~
]
]
J
J
1
-
fti"
J
,~
',~,
I
I
. '.~"~""'_.l~~'....,.....,~ 4" ~ '._r...".....~...,...".\.......n..{..I:.~:. -<1-'+~.r ~ c .'I~.. ',.. '>,
FIGURE 3
KEENE ROAD
PHASE IA - GULF TO BAY BOULEVARD TO DREW STREET
PHASE m - DREW STREET TO SUNSET POINT ROAD
SCHEDULES OF MILESTONES
DATE
, First Public Y'orkshop Meeting
Second Public Workshop Meeting
Held October 11, 1993
Held February 1996
Right-of-Way Acquisition
SQ,
December 1997- December 1998
Plans Complete
December 1997
Start Construction
Phase lA, April 1999
Phase IB, April 1999
End Construction
Phase lA, April, 200 I
Phase IB, April, 2001
ESTIMATED COST OF CONSTRUCTION
PHASE IA and PHASE IB - $13,000,000
R:\ADMIN\REPORTS\KEENEJllW
7
-.;;;r
~
"
.'
, ~ '\-. ~. . . ~...." ~." ,.L. < .
'\ -{. :. ~ 7 R-e.c. \J 11,:)0 . q 7
Protest against Scientology
December 5 & 6, Clearwater, FL
CONTENTS
1. Press release and leaflet concerning the protest against the cult
of Scientology in Clearwater, December 5th and 6th.
http://www.primenet.com/-cultxpt/pressrel.htm
http://www.lermanet.com/irnages/flyer.gif
2. Scientology -Is This a Religion?
An academic paper by Dr. Stephen A. Kent,
Department of Sociology, University of Alberta
http://www.cs.cmu.edu/%7Edst/Library/Shelf/kent/religion.html
3. Affidavit ofHana Whitfield, former Scientologist and
Clearwater resident.
http://www.xs4all.nl/-kspaink/mpoulter/sods/whitfiel
4. Affidavit of Robert Vaughn Young, former spokesperson and
Guardian's Office operative for the "Church" of Scientology
http://www.entheta.net/entheta/go/legal/rvy.htm
Submitted to the Clearwater City Cominission for review November 20, 1997.
All items are public domain documents, and were obtained from various sites on the
Internet. For more infonnation, see http://www.xellu.nct or
the addresses listed with each document title.
-.J
r
I'
.'~
Protest against $cientology
December 5 & 6, Clearwater, FL
CONTENTS
1. Press release and leaflet concerning the protest against the cult
of Scientology in Clearwater, December 5th and 6th.
http://www.primenet.com/-cultxpt/pressrel.htm
http://www.lerrnanet.com/images/flyer.gif
2. Scientology - Is This a Religion?
An academic paper by Dr. Stephen A. Kent,
::) Department of Sociology, University of Alberta
http://www.cs.cmu.edu/%7Edst/Library/Shelf/kent/religion.html
3. Affidavit of Hana Whitfield, former Scientologist and
Clearwater resident.. '
http://www.xs4all.nl/-kspaink/mpoulter/sods/whitfiel
4. Affidavit of Robert Vaughn Young, former spokesperson and
Guardian's Office operative for the "Church" of Scientology
http://www.entheta.net/entheta/go/legal/rvy.htm
Submitted to the Clearwater City Commission for review November 20, 1997.
.l~;'i,~
W
All items are public domain documents) and were obtained from various sites on
the Internet. For more infonnation, see http://www.xenu.net or
the addresses listed with each document title.
p'//q1
hV~l r ~ Ilj~
\ t {\'-'
r
.-,.--
~
~
-
"
*** FOR IMMEDIATE RELEASE ***
r-; THIRD ANNUAL PROTEST AGAINST SCIENTOLOGY
DECEMBER 5 & 6, 1997, IN CLEARWATER, FLORIDA
CONTACT:
Loclll contact December97@juno.com
Arnie Lenna alenna@dgs.dgsys,com
Jeff Jacobsen cultxpt@primenet.com
703-241-1498
602-970-8133
The third annual peaceful demonstration against the Church of Scientology will be held in Clearwater
Florida this December 5 and 6, 1997. Clearwater is the spiritual world headquarters of Scientology. Last
March about 30 protesters came from around the United States and from the Clearwater area to protest
Scientology's harsh treatment of its critics and its own members. There were other protests around the
world as well, mostly organized on the internet. Critics point out the hannful and dangerous practices of
the church, their exorbitant and aggressive monetary requirements, their policy of attacking anyone they
consider an "enemy", and their own incarceration of members deemed problematic to the church.
Many people have been hurt by these practices.
Lisa McPherson, a 36 year old Scientologist, died December 5, 1995 at Scientology's Ft. Harrison Hotel
in downtown Clearwater. After a 17 day stay while under the care of feltow Scientologists, Lisa lost
'~ approximately 40 pounds, had scabs and bruises allover her body, was severely dehydrated and was
i.:J pronounced dead on arrival at a hospital many miles from the hotel but with a Scientologist doctor on
duty. "We don't want the church's quack medical practices killing anyone else," said demonstrator Jeff
Jacobsen. "We want the church to renounce their practices of incarceration and to stop hurting people
both inside and outside their organization. "
Last March in front of the Ft. Harrison Hotel, protesters were individually surrounded by Scientologists
who used their signs to cover and hide protesters' signs. During the candlelight vigil in memory of Lisa
McPherson held across from the Ft. Harrison Hotel where Lisa died, mourners were taunted and pushed,
and even had their candles blown out by Scientologists.
On Friday December 5 there wilt be a press conference during the day including Ken Dandar (attorney for
Lisa McPherson's estate) and several ex-Scientologists who will explain the cruel treatment inside
Scientology. There will also be a candlelight vigil in Lisa McPherson's memory that evening at 6:30pm in
front of the Ft. Harrison Hotel where Lisa died, on the second anniversary of her death.
On Saturday December 6 there will be a peaceful demonstration across from the Ft. Harrison Hotel at
210 g. Ft. Harrison. The protest is designed to infonn the public about Scientologyts hannful practices
and actions.
,,';:Ao
..
For further infonnation:
http://www.primenet.com/-cultIptJdemo.btm
http://www.primenet.com/-culbptllisa.htm
bttp:/Iwww.lermanet.comlcos/
http://www.tampatrib.com/reports/scientoVhome.htm
~1.i""~~'~",,!,~\""l..4.~ioI'of.!.. .:_,' . .....~....."....... c
r
- ~~ ~.-~
-
picket$t"ientology
.Jec 6th at,9:30 AM and attend a candlelight vigil
Dee 5th at 6:30 PM opposite 210 S Ft Harrison St.,
I ~.,,>~ .
Clearwater FL with lo~~) G!ti~-!"s and activists to protest:
$cientolq'gy.s: .~c~ue!(}Jltor its own members
. hara~sment Of\f~~~t;y1~~rl~,::Q,ritiCS, j~Urnalists & the
prior ,restraint on th4e meCtia ,~y abuse :of litigation
. persQnally conducte-d., ~unlawful raidsiupon citizens
. use of Iitigatipn to "bti~ly ruin" and gag critics
ItScientoI09i~t~ bel~)e~~i:~.r\~ b~rnf:\l1~.Br~~~ems can be trace~ t? lingering s~irits of an . .
extraterrestnal\people massa~9~~the,lr r"Jler., ~enu, over 75 million years ago. These Spirits
attach themselves by "clusters"to iridivUhl~~Jh~~the'c~~t~mp~o~ary ~orld, causing spiritual
harm and negafively influencing the lives of tl1eir;hosts..d ~ i..'1r ''-!rl I .
USDJ Judge Le,onie Brinkema Memorandum opinion,RTC':Ys,'le~!maICIV 95..11~7-A
t~lJhe court record is] replete with evidence [that Scientology] is nothi~g in realitY but a vast
11terprise to extract the maximum amount of money from its adepts by pseudo scientific theories
and to exercise a\kind of blackmail against persons who do not wish to continue with their sect....
The organization I~learly is schizophrenic and paranoid, and this bizarre combination seems to be
a reflection of its founder, L.Ron Hubbard."M-Judge Breckenridge, Los!Angeles Superior Court
I !
"Scientology is\ evil; its techniques are evil; its practice is a serious: threat to ~he community,
medically, morally, and socially; and its adherents are sadly deluded and often mentally ill...
(Scientology is) th~ world's largest organization of unqualified persons engaged in the practice of
<;fangerous techniques which masquerade as mental therapy. II Listen - Dec4
Please make ; M..Justice Anderson, Supreme Court of Victoria, ~ustralia at 1 pm WMNF
copies of this , Write: Protest Information 5370 E. Bay Dri~e #106 FM 88.5 to the
and place in " Clearwater, FL 33764 ~ Rob Lorei show!
your windows Call: 703 5342378 for more informatipn
or view on the World Wide Web (internet) :
http://www.primenet.co;.;/-cultxptllisa.htm !
http://www.lermanet.com ..i _ . '
http://www.cs.cmu.edu/-dstlFishman/time-behar.htm I
f?S~:::;::'~'~~:'~: J;~}?;::!i.'~,:?
, ,
. , '
r '....~.\, . '
}. .........;.;..:::; /
Noah Lottick jumped to his death, clutching his last $171 ,. '. . t ,
. "..,!; ;1'.1,1 ''.',
In his hand...featured In a cover story In a 1991 I., 1iii. '"':'f.... ,~.\,. 1
TIME magazine article. which cost 7.2 million ~r.\;f.'\:~'s~u'~c';' s" .ffi>~;,~
i Iltl I d f d b f dl i I " IJr,"~,;~(;~f:;t.""~ "~~-.f'~ ~...r)~p'l~
n gat on to e en e ore sm ssa ".".;"'l~NJ:A'}' .' ':' "\,,!,',..,,
'. Lisa McPherson was still signing checks ,to !'4~~f"'<d,~. nj~\f~~:r....
1\ ~?N.....t ....... $clentology after she was dead? ~J":fJ.' t .;#.;....f' 1
?I.. A_................... . ....... ~ f I ...........t.: .u.l
Posted, In the public Interest In order to notify the public of the opportunity exercise thel r Constitutional rights to peaceful
assembley, to express outrage concerning the conduct of the cult of $clentology, In order to draw attention of Federal
agencies and members of the United States Congress to the true scope of the $clentology problem. and to gather public
support for an Inquiry Into the Secret IRS Agreement granting tax-exemption to $clentology
-~---
-
"
(J Scientology -- Is This a Religion?
Stephen A. Kent <skent@gpu.srv,uaJberta.ca>
Department of Sociology
University of Alberta
Edmonton, Alberta, CANADA
T6G 2H4
Abstract: Although some social scientists insist that Scientology is a religion, the more appropriate
position to take is that the organization is a multi-faceted transnational that has religion as only one of
its many components. Other components include political aspirations, business ventures, cultural
productions, pseudo-medical practices, pseudo-psychiatric claims, and (among its most devoted
members who have joined the Sea Organization), an alternative family structure. Sea Organization's
job demands appear to allow little time for quality child rearing. Most disturbing, however, about Sea
Organization life is that members can be subject to extremely severe and intrusive punishments
through security checks, internal hearings called "Committees of Evidence." and a forced labour and
re-indoctrination program known as the Rehabilitation Project Force (RPF) and its harshest
companion, the RPF's RPF. Taken together, these harsh and intrusive punishments likely violate a
number of human rights clauses as outlined by two United Nations statements.
This is a revised and corrected version of a shorter presentation given at the 27th Deutscher
,:) Evangelischer Kirchentag, June 20, 1997, Leipzig, Germany.
........
" "::;:l
y
1 of21
June 30, 1997
Scientology -- Is This a Religion?
· Is Scientology a Religion?
· Scientology as a Multi-Faceted Transnational
o Politics
o Business
o Cultural
o Pseudo-Medicine
o Pseudo-Psychiatry
o Scientology as an Alternative Family Structure
· The Rehabilitation Proiect Force - Forced Labour and Reindoctrination
· The RPFs RPF
· Brainwashing
· Scientology and Probable Human Rights Abuses
· Bibliography
Rarely, if ever, in the post-war period have diplomats from the superpowers troubled themselves over
questions about the alleged religious nature ofa transnational organization. Consequently, the current
1111819722:25:59
k
1_, ....---~-----..,.......~....
. ...., .~...l" ~c'< ..... ~~c.>-,..~}>.._................................H
v-- ~~~..,:t
- ----....
/1
debate between Germany and the United States over the alleged religious nature of Scientology is
remarkable, and probably unique in recent history. The fact that German officials, institutions, and
citizens are seeking additional information about this organization is commendable, and I am grateful
for the opportunity to share insights that may help to clarifY the issues in this debate.
For the record, I did not have any contact with German parliamentary officials as I was preparing my
talk. For about ten minutes 1 spoke by telephone with one German professor who is involved with the
current discussion about the organization, but we only touched briefly on issues related to
Scientology. The German Kirchelllag paid my air fare and my hotel in Leipzig, and Berliner Dialog is
covering some of my expenses, but they are not paying me a fee or honorarium. I prepared my talk
while in Canada, and did not consult with anyone in Germany or elsewhere about its content. I had
complete freedom to write whatever I wanted around the general topic of the debate about
Scientology's religious claims.
~.)
As a person trained in religious studies, I find the debate about Scientology's alleged religious nature
to be an interesting and important one. It should not be, however, the only issue over which we
evaluate the Gennan~American debate over Scientology's religious claims. Intimately related to the
religious question are human rights questions. Some people assume that religious practice is a
guaranteed human right, but even a superficial examination of world events shows that many
atrocities occur in the name of God or religion. Universally, therefore, religious belie) must receive
absolute protection, but religious practice stemmingfrom that belie) must receive protection only
until it begins to violate the rights of its members or nonmembers. Following from this last point, I
argue that even if Scientology contains a theology and cosmology that some members interpret
religiously, its organizational actions and behaviours raise serious human rights questions. Without
wanting to review the pronouncements from all German officials about the organization, I conclude
that the German government has good reason to investigate Scientology's activities in this country. It
also has compelling reasons to inquire about the well-being of German citizens in Scientology
facilities in the United States and elsewhere. I will share just a few of the documents that led me to
these conclusions, and some of them are available in numerous world wide web sites on the
"internet. II
Is Scientology a Religion?
For a number of my social scientific colleagues around the world, the debate between Germany and
the U.S. revolves around the question of Scientology's religious claims. Many of my social scientific
colleagues have examined some Scientology documents and possibly participated in some Scientology
events, and they have concluded that the organization is religious in nature. Bryan R. Wilson (b,
1926), for example, who is a respected British sociologist of religion, concluded "that Scientology
must indeed be regarded as a religion" (Wilson, 1990: 288). He reached this conclusion after
comparing Scientology's belief system with twenty characteristics usually found within what he called
tlknown religionstt (Wilson, 1990: 279). Significantly for the current debate in this country, he
dismissed historical information from the early 1950s about Dianetics presenting itself as ua mental
therapy and Scientology a science. II Specifically with these early self~representations in mind, Wilson
insisted that "even if it could be conclusively shown that Scientology took the title of'church'
specifically to secure at law as a religion, that would say nothing about the status of the belief~system,
.., and it is with the belief system that we are specifically concerned" (Wilson, 1990: 282-283).[ 1]
20f21 1lIIR'9722:28:21
~
J
Footnote: 11] Undoubtedly because ofthis interpretation. Wilson has become a champion of
Scientology's religious claims (see also Wilson. n,d.: 35) and the organization alludes to him ("It)hc
foremost sociologist in the world") as an academic who concluded "that Scientology was setting the
trend for the 21st century for nil religions -- as it offers practical solutions for pcoplc.s problems in the
real world" (International Association of Scientologisls. 1995: 110)). Scientology also emplo)'s his
opinion in arguing before an American eourt that the organization has the right to keep secret its upper
level materials (Wilson, 1994: II).
In fact, I have made precisely the argument that Wilson dismisses. In a study that Berliner Dialog
(Heft 1-97) translated into Gennan, and in another study that I hope to publish soon, I show that L.
Ron Hubbard (Scientology's founder) claimed that Scientology was a religion because he saw the
claim as a marketing device to make money and avoid taxes (Kent, 1997b: 2S~ Miller, 1987:
199-203, 220) as well as a way Uto reduce the likelihood of governmental interventions against it for
allegedly practising medicine without a license" (Kent, 1996: 30). Moreover, Scientology denies its
reputedly religious nature if it is attempting to enter a country that might react adversely to religious
proselytization (such as Japan or Greece [Kent, 1997a: 18-19]). Nevertheless, the historical reasons
behind Scientology's religious claims, as well as the organization1s selectivity in making the claims, do
not diminish the probability that many Scientologists view their commitment as a religious one.
From a social scientific perspective, and probably from a legal one as well~ the objective lItruth" of an
ideology is not the detenninant ofa group's tlreligiouslt designation. Mere betiefin supernatural beings
or forces may be enough to get an ideology designated as religious, even if the origins or doctrines of
the belief system are highly suspect Along these lines~ the inspirational figure in the sociology of
'r") religion, Max Weber, refused to exclude charlatans from his identification of charismatic figures,
~.... since the devotion of followers was a far more salient fact than allthellticily. After mentioning two
types of charismatic figures, Weber added that tTa]nother type is represented by Joseph Smith, the
founder ofMormonisn, who may have been a very sophisticated swindler (although this cannot be
definitely established)" (Weber) 1968: 242). Similarly, from a social scientific perspective, a belief
system is religious if it contains supposedly supernatural elements, regardless of the accuracy of those
elements. Perhaps unlike Joseph Smith, Hubbard's sophisticated swindle has been definitely exposed
by a number of critics (for example, Atack, 1990; Kent, 1996; Miller, 1987) who have shown that his
religious alignment was purely expedient, but now many of his followers see their lives in the context
of the doctrines that he developed.
Scientology as a Multi-Faceted Transnational
tal
Even if we grant the point that Scientology cosmology and soteriology have supernatural elements
that classifY the belief-system as religious (regardless of these elements' suspect history), neither
government officials nor society at large should necessarily grant Scientology religious status for
purposes of receiving societal benefits. Rather than struggling over whether or not to label
Scientology as a religion, I find it far more helpful to view it as a multifaceted transnational, only one
element of which is religious. Coinciding with supernatural claims are equally important secular
dimensions relating to political aspirations, business operations) cultural productions, pseudo-medical
practice, pseudo-psychiatric practice, social services (some of which are of dubious quality), and
alternative family structures. A few examples of each dimension will suffice, but countless examples
of each one exist throughout both Scientologyls literature and the social behaviour of its members.
The most salient aspect of Scientology, however) is the totalitarian~ some would say fascistic, use of
30f21
11/1819721:47:45
r.-
/")
power that holds the organization together. I will speak about some of these totalitarian uses of
power. and in doing so it will be very clear that the German government has taken the only
appropriate avenue open to it.
Politics
Scientology's political aspirations have surfaced at various times throughout its nearly fifty year
history, with the organization involving itself with politicians or political structures in Rhodesian (in
1966), Greece (in 1968 to 1969), Morocco (in 1972), and in the Russian city of Perm (where it was
training city officials in Hubbard Management ideology). Observers wonder about the fate of
Scientology training to Albanian government officials after the recent popular uprisings and social
collapse (see Kent, 1997a: 17-18).
Business
i'<l)
,...
At times related to its political aspirations (as in Perm) are Scientology's programs designed to train
business executives and professionals often in medically related areas. Through an organization
named WISE (World Institute of Scientology Enterprises), Scientology offers a business consultancy
and management program. A recent publication claims that "WISE [m]embers form a network of
higWy trained consultants in Hubbard Management Technology who can provide you with
tailor-made training programs to suit your company's needs" (WISE International, 1994b). WISE
programs target various clients through numerous companies, and in Germany and other parts of
Europe the best known WISE company is U-Man (see, for example, WISE International, 1994a). For
all practical purposes, this dimension of Scientology is secular, regardless of how the organization
portrays it.
Cultural
Culturally, Scientology has an entire industry devoted to the production and dissemination of
Hubbard's writings and ideological material to both members and outsiders. The Scientology owned
and operated (and now tax exempt) Bridge Publications, for example, produced a volume solely
dedicated to The Fictioll of L. ROil Hubbard (Widder, 1994), which discusses his writings of
Westerns, adventure stories, mystery and detective stories, romance, fantasy, science fiction, plays,
and screenplays (among others), and makes little if any mention of his supposedly Itreligiousn writings.
The actor and Scientology public relations officer, John Travolta (Anderson, 1980: 3; Church of
Scientology International, 1994), is working on a movie version of Hubbard's science fiction work,
Battlefield Earth. while a team of Hollywood producers is developing a film version of the Hubbard
pulp novel, To the Stars (Reuters, 1997).
As these current film productions suggest, Scientology is eager to be involved with projects that
disseminate its ideology to nonmembers through high profile cultural undertakings. One vital aspect
of this dissemination effort involves cultivating the conversion and support of society's cultural
celebrities. Beginning in 1955, Hubbard's "Project Celebrity" targeted what he called "prime
communicatorsll with the hope that they would IImention" Scientology tlnow and again" ([Hubbard],
1955). By 1992. thirteen "celebrity centrestl existed around the world (Church of Scientolob~
~ International. 1992:'353), and their purpose was tI[t]o fully utilize opinion leaders and Scientologists
40f21 11/18/9721:51:04
.h',l.-". :,~ ,,"./.'n".... ."". ." .. '" "
. .... ~.. 1........1. . "..............-, ..._..__~...
r,
,
,
.~
to permeate society and get aU the different publics utilizing LRH's TechnolohJ}' in every aspect..."
(Jentzsch and Foster, 1977: 1). This organizational push to get everyone using Hubbard's so~callcd
technology has dramatic secular implications for such issues of how to organize an office, how to
generate and handle money, and how to measure office growth. It presumably also may have
implications for people's supernatural belief systems, but it is understandable that critics see
Scientology celebrities as participating in the dissemination of secular Scientology goals.
'~.~~
'......
In addition to free publicity for Scientology, celebrities also give large financial contributions back to
the organization. Had Scientologist Chick Corea, for example, received money from the
Baden~Wurttemberg state culture ministry for performing at state-sponsored events, then some of
that income may have become part of his contributions to the International Association of
Scientologists. The avowed purpose of this organization is "[t]o unite, advance, support and protect
the Scientology religion and Scientologists in all parts of the world, so as to achieve the Aims of
Scientology as originated by L. Ron Hubbard" (International Association of Scientologists, 1995:
[back cover]). In one of the Association's 1995 magazines, both he and actress Kirstie Alley each
appeared as having contributed US$lOO,OOO (Church of Scientology Celebrity Centre International,
1995: 8; International Association of Scientologists Administration, 1995: 49, see 60). By
comparison, the $2,000 contribution that John Travolta made seems small (Church of Scientology
Celebrity Centre International, 1996: 8; see International Association of Scientologists
Administration, 1995: 60). What Germans will want to know, however, is that this organization
provided grants to the Church of Scientology International in order to fund the series of anti~Germany
ads in the New York Times and the Washington Post (both beginning, I believe, on September 15,
1994). Utilizing cultural productions and prominent cultural figures, therefore, to disseminate all
aspects of Hubbard's so~called tech is an intimate aspect of the organization's overall public relations
and (it would seem) financial strategies.
Pseudo-Medicine
A glimpse into Scientology's pseudo-medical practices ~- in this case one that also relates to a social
service effort of dubious effectiveness .- is its Narconon program. This program purports to rid the
body of drug and radiation residues, and a 1996 Scientology publication told a story about an
American Gulf War veteran suffering from Gulf War Syndrome who uarrived to do the detoxification
program... complain[ing] of disorientation, dizziness, memo!"'} loss and muscle and joint pain. He
finished the program and has no more dizziness, memory loss OR muscle and joint pain .. ALL his
symptoms have been handled TOT ALL YII (Church of Scientology International, 1996: 68 [original
emphasis). You may have read recently that Scientologists applied the Narconon program to children
suffering from radiation-related illnesses in Chemobyl (Bev, 1997).
Regardless of how ScientolohJ}' portrays these claims, they are medical ones that purport to offer a
social service, but one about which experts remain highly critical. In the American state ofOkJahoma,
for example, a 1991 menta] health board examined a Narconon program and concluded that "there is
substantial credible evidence, as found by the Board, that the Narconon Program is unsafe and
ineffective" (Mental Health Board) 1991; reproduced in Lobsinger, ]991: 58).
Pseudo-Psychiatry
w
S of21
11/1819721:52:23
~
~)
r'
"
Another dimension of pseudoMmedical claims are pseudo-psychiatric ones, Scientology's hatred of
psychiatry is worthy of a study in itself, and some of its own documents very clearly indicate that
Scientology's primary social purpose is the destruction of psychiatry nnd its replacement with
Scientology techniques. In. for example, a confidential document written for Scientology's intelligence
branch (then known as the Guardian Office), the unidentified author, who most certainly was
Hubbard himself, had a section entitled "The War." The text in this section stated that "[0 ]ur war has
been forced to become 'To take over absolutely the field of mental healing on this planet in all fonns.1II
The next sentences have significant implications for the current religious debate. "That was not the
original purpose. The original purpose was to clear Earth. The battles suffered developed the data
that we had an enemy who would have to be gotten out of the way and this meant we were at war"
([Hubbard], 1969: [5]). The central target in Scientology's efforts to I1take over the field of mental
healing" is psychiatry. Indeed, several Scientology organizations, including the Citizens Commission
on Human Rights, the International Association of Scientologists, and Freedom magazine are
working diligently in attempting to achieve the goal of "Eradicating Psychiatry" (Weiland, 1990: 21).
One aspect of Scientology's efforts to eradicate psychiatry and replace it with its own techniques is
that members can take a course (called a rundown) that claims to teach members how to cure
psychosis. Called the "Introspection Rundown Auditor Course," this course supposedly "factually
handles the last of the 'unsolvable' conditions which can trap a person -- the psychotic break. And end
forever the 'reason' psychs were kept around with their icepicks and shock machines" (Church of
Scientology Flag Service Organization, 1992: [2]). This course is based upon what Hubbard
described as l1a technical breakthrough which possibly ranks with the major discoveries of the
Twentieth Century." The consequence of this alleged breakthrough was that "THIS MEANS THE
LAST REASON TO HAVE PSYCffiATRY AROUND IS GONE1t (Hubbard, 1974: 346). The
self-proclaimed "breakthrough" involved isolating the person having the psychotic breakdown while
not speaking to the person, giving the person particular vitamins and minerals, detennining what
incident triggered the illness, then putting the person through a long and complex series of
Scientology "counselling" sessions (called auditing) that focus on the triggering incident Hubbard,
1974: 353).
Currently this course is at the centre of controversy involving the December 5, 1995 death of
Scientologist Lisa McPherson in Clearwater, Florida. After a minor car accident, McPherson
exhibited bizarre behaviour -- publicly undressing, speaking in monotone with a fixed stare, exhibiting
forgetfulness and confusion, and crying. Against medical advice, she signed herself out of a hospital
and into the care of visiting Scientology IImendsll who took her to the organization's Fort Harrison
Hotel. Seventeen days later, Scientologists took her back to a somewhat distant hospital where a
doctor was working who was a Scientologist, and he pronounced her dead. A police investigation
continues over her death, but McPherson's estate launched a lawsuit that accused Sc;ientology 1I0f
allowing McPherson to languish in a coma without nutrition and liquids while she was in isolation as
part of an Introspection Rundown" (Tobin, 1997: 12A). In this context, a Scientology lawyer
acknowledged IIthat the Introspection Rundown remains 'part of church servicesUl (Tobin, 1997:
12A). Undoubtedly, therefore, Scientology practices pseudo-psychiatry, and the lawsuit over
McPherson's death may establish the extent to which at least one of these practices can have
potentially fatal consequences.
U Scientology as an Alterna~ve Family Structure
6of21 11118/9721:54:06
-....~...,..:II..lII..-...:~,t>,;... .' .1 ~. L' ~.,
. "~"'" >.j .~.,. [. '>' . 'H<. ..... ,.
,
~
J
Finally, Scientology is an alternative family structure, at least as it is lived by its most devoted
followers who are members ofa Scientology organization called Sea Org[anization]. Scientology
portrays the Sea Org as "a fraternal organization existing within the formalized structure of the
Churches of Scientology. It consists of highly dedicated members of the Church [who] take vows of
service" (Church of Scientology of California, 1978: 205). (The organization downplays the fact that
these people sign billion year contracts.) Many indicators point to the fact that Scientology structures
the Sea Org in a manner that damages parent-child relations if not the well-being of children in
general. In essence, Sea Org becomes one's new family, often at the expense of spouses and children.
Indication of organizationally influenced damage caused by Sea Org parents to their children formed
the basis of a critical article that appeared in a major newspaper of the Florida city near to where the
Scientology organization called Flag is based. In November, 1991, the St. Petersburg Times ran a
long article entitled, II Scientology's Children, It and it contained an excerpt about a German mother and
her son:
~)
· Eva Kleinberg moved from Germany to Clearwater with her 9-year old son, Mark, in 1986. She
had joined a group of Scientology staff members called the 'Sea Org.'
· Eva was told she would have two hours a day for family time. But with her travel time from
work, she said she actually had only one hour with her son. Because of the 12-hour workdays,
she couldn't always stay awake for the full hour.
· 'I would compromis~ with my son,' she said. After eating, she and her son would divide the
remaining half-hour of their family time. II would playa game with him for 15 minutes, and I
would go to Jay down for 15 minutes and sleep.'
· While Eva worked, Mark cleaned up around the motel or played with friends.
· About a year later, Eva and Mark left the church.
· Asked what he thinks of Scientology, Mark, now 14, said, 'I don't think it's good 'cause the
people... they don't get to spend time with their family and it's real expensive.'
· Church spokesman Richard Haworth said staff Scientologists actually spend three or four hours
a day with their children, which he said is more than the average family (Krueger, 1991: 12A).
I believe the Kleinbergs' account rather than the one by the Scientology spokesperson because I had
heard the same scenario (about parents having little time to spend with children) during an interview
with a former Sea Org member that I conducted in December, 1987. At Flag in Florida during the late
I970s and early 1980s. infants stayed in a Scientology-run nursery during the day when parents
worked, and usually parents would return from work at about 6:00 in the evening and spend about an
hour-and-a-halfwith their children before taking them back to the nursery at 7:30 for bed. Parents
then caught a bus back to the Sea Org. and finally did not leave for the night until 10:30 or later. In
the morning, they would pick up their children from the nursery, have them dressed and in the dining
room by 7:30 AM, drop them back at the nursery, and be on the bus going to work by ten minutes
past 8. This informant added, however, that "there'd be some people who had kids who didn't go
home for two or three days in a row. They'd be working all night II (Kent interview with Fern, 1987:
44, see 43).
~
The Kleinbergs' account about limited family time also rings true because of a series of internal
memos (of which I have copies) from Scientology's Pacific Area Command (in Los Angeles,
California) beginning in early November, 1989. These memos centre around an Executive Directive
that the commanding officer issued which abolished the one hour nightly family time. He cited two
70f21
11/18'9721:S5:4S
~...).."... .,,'J..)~r~>l: '..t,...~..'-'
. .. u.'..... .... ............~.
....
....
h
..IllCh...
J.~1J1I
-,
'-
~
,~
reasons for doing so. First, he claimed, "[a] thorough research [sic] revealed that there is no LRH [L.
Ron Hubbard] reference covering Sea Org members taking I hour family time per day. Also to have
such break in schedules in the middle of production has been found to be detrimental to
production...." Instead he wanted people to work the extra hour a day in order to build up their
production output so that they would receive a "liberty daytl (Gouessan, 1989) once every two weeks
(Shapiro, 1989).
!:)
Several parents objected, and their objections were revealing. One person asked rhetorically, "[h]ow
can one keep track of one's child without even an hour a day with the child? I HAVE seen staff
distracted by NOT caring for their children and this time could be well utilized for thist! (Swartz,
1989). Another person cited the text of a Hubbard tape where Scientology's founder complained
about a condition that he had seen (and which he said had existed in the Pacific Area Command): "l
wish somebody would tell me why Vie consistently had to ORDER parents to see their children when
they hadn't seen them for weeks" (Hubbard, Transcript ofLRH Taped Briefing to CS~& and Pers
Comm 22 Sept 73; attached to Shapiro, 1989). This same person acknowledged in his letter of
protest that U[i]n the 19 years I have been in the Sea Org in PAC this condition (parental neglect, etc.)
has several times been the source of major upset and enturbulation [agitation] on Church linesH
(Shapiro, 1989 [round brackets in original]). Taken together, the interview material, media accounts,
internal policy directive, and responses point to the fact that parents' time with their children is
severely constrained and sometimes eHminated because of the organizational pressure and job
demands under which Sea Org members work. It seems that Scientology, in its Sea Org
manifestation, becomes something akin to an alternative or "fictive" family structure to its members
(see Cartwright and Kent, 1992: 348~349), receiving more time and commitment than their own
children.
On a related point, the new Sea Org family to which adults devote their lives may at times place
children in medically detrimental situations. This fictive family may not always be a medically
responsible on~. The informant whom I interviewed in 1978. for example, complained to me that tithe
nursery conditions were terrible. II She complained that, in one nursery room, "there were, I think,
sixteen babies in the room. all under a year old, and throughout the whole day, there were three
nannies who did shifts in that room, looking after sixteen babies all under a year old" (Kent interview
with Fern, 1987: 48). Under these conditions, children developed medical problems (according to my
infonnant, Fern), because the facUity did not have an isolation nursery. Consequently, common
childhood illnesses (such as ear infections) spread rapidly among the children and remained in the
nursery population for a long time. To support her assertion, this informant showed me medical
records that she kept of her child's visits to doctors while the child was under nursery care, and
compared them with similar records from after the time that she and her child left Sea Org and the
nursery arrangement. The child made seventeen visits to the doctor's office during an eight month
period while in the nursery, then only four visits in the twenty~nine months foJlowing the family's
departure from the organization (Kent interview with Fern, 1987: 49-50).
w
Researchers always must be cautious in accepting as fact the account of a single person, but I heard
similar stories about the condition of children's facilities in Scientology's child care program on the
other side of the American continent ~~ Los Angeles, California. The person who related the account
had occasion to visit the children's facility (called the Cadet Org) in the late 19705 or early 1980s, and
she saw an infant who was the child ora man she knew. This child, she stated:
80f21
11/18/9721:57:34
t ~..;. i .:. J .. ..' -
. ".""'r... ....... ....-.... .-~
~
::)
ti/J
90f21
~,..~~..._~J1L..'}.~
.-~.
"
was very, very ill and she was laying in a urine soaked crib and she was -- she just had
her diaper on.... She had lots of like tittle fruit flies and gnats on her body and she had
been so ill that she had tremendous amounts of mucous plugging her nose and her eyes
were, like, welded shut with mucous and I, I just snapped in my head (Kent Interview
with Pat, 1997: 34).
After this incident of allegedly witnessing severe child neglect, the person began plotting how she
would leave the organization.
The final example of alleged child neglect is documented in a report filed by the commanding officer
of the Cadet Estates Organization in late October, 1989, concerning the hygiene of three children --
ages 4,8, and 10 or 11. Two of the children had lice, and for one of them it was a recurring problem.
A guardian was in charge of them, but she "is herself on mission quite often." [That is to say, the
organization frequently sent her away on assignments.] The report. continued by stating that, "[w]hile
the guardian was on a mission, the kids were picked up at night by another staff member that [sic:
who] lives next door, and the little one would be brought in in the morning while the other two older
once [sic: ones] would walk to the Cadet Org by themself[sic]. The children would dress them self
[sic] and we have no data who does the laundry or room hygiene for the childrenl1 (Gabriele, 1989:
I). We must be careful when interpreting this data on possible child neglect or endangennent, since
none of it is current. Sufficient indicators exist, however, that investigative officials in the United
States and elsewhere should examine Scientology's treatment of Sea Org children,
Because the attitude among some Sea Org leadership appears to be that children hinder adults from
performing their vital assignments, researchers should not be surprised to learn of pressures that Sea
Org women felt to either abort pregnancies or give-up children for adoption. My 1987 infonnant told
me that when Sea Org operated on ships during the mid 19705, women knew that they were not
allowed to raise children on the vessels. Consequently, they experienced pressure to have abortions.
She told me that, "on the ship, I know ofa lot of people that [sic: who] had abortions, because they
didn't want to leave the ship. It wasn't like anybody said ty ou have got to get an abortion.' It was
more an implied thing. If you don't you're going to leave" (Kent interview with Fern, 1989: 41-42).
Years later I saw the same pressures described in a 1994 legal declaration by Mary Tabayoyon, who
became a Scientologist in 1967, joined Sea Org in 1971, and stayed in it until her departure in 1992.
She stated that in 1986, while on the Scientology base in Hemet, California, "members of the Sea Org
were forbidden to have any more children if they were to stay on post[,] and the Hubbard technology
, was applied to coercively persuade us to have abortions so that we could remain on post't (M.
Tabayoyon, 1994: 2). The pressure came partly through what Scientology called "ethics handling,"
which involved the organization pressing people to conform to Hubbard's policies and the
organization's directives. Tabayoyon herself "gave up my child due to my greatly misguided obligation
and dedication to the Sea Org" (M. Tabayoyon, 1994: 4). She relinquished her child after being
"indoctrinated to believe that I should never put my own personal desires ahead of the
accomplishment of the purpose of the Sea Org" (M. Tabayoyon, 1994: 5).
Taken together, the interviews, legal declarations, media accounts, and internal documents present
troubling glimpses into the lives of Scientology's most committed members. Sea Org obligations
override many personal and family obligations and responsibilities, and devotion to the Scientology
cause often appears to take priority over the needs of children. Equally disturbing, however, are
accounts that some older children and teenagers have had to endure, along with Sea Org adults, the
11/1819121:S9:19
. .~, . .,~. ., .
, .. I .., , . ,.. ......, ........_... ...ro-..
...d~ .~
- -
~
(
abuses of Scientology's forced labour and reindoctrination programs. Although several labour and
intensive instruction programs have operated within the Scientology organization over the years,
among the most intense ones is the Rehabilitation Project Force -- usually just called the RPF.
The Rehabilitation Project Force -- Forced Labour and
Reindoctrination
When Sea Org members commit what the organization considers to be serious deviations (such as '
dramatic e-meter readings, unsatisfactory job perfonnance, or job disruption [including challenges to
senior officials]), then they likely wind up in the RPF. Even discussing the policies and techniques that
Hubbard wrote by using ideas other than his own was called "verbal tech" and apparently was a
punishable act (see Hubbard, 1976: 546). Begun in early ,1974 while Hubbard and his crew still were
at sea, it now operates in several locations around the world. Currently RPFs are running at the
Cedars of Lebanon building in'Los Angeles; on the Scientoloh'Y property near Hemet, California; in
the facilities in Clearwater, Florida; and in the British headquarters at East Grinstead, Sussex. I cannot
confirm the existence ofRPFs in or near Copenhagen (Denmark), Johannesburg (South Africa),
Sydney (Australia), and several other American locations.
....')
"......
In a phrase, the RPF program places Scientology's most committed members in forced labour and
re-education camps. The operation of these camps raises serious human rights questions, and their
continuation reflects badly on nations that allow them to operate unchecked. Particular blame must be
placed on American state and federal authorities, since at least three RPF programs have operated for
years on American soil. Moreover, the American Internal Revenue Service granted Scientology tax
exemption despite what almost certainly are illegal conditions under which RPF inmates must work,
study, and live. Extensive material about RPFs in the United States has existed for years in various
court cases, and now most of this information is readily available on the World Wide Web. Gennan
government officials know about the RPF, and almost certainly this knowledge played a major role in
the government's continued opposition to the Scientoloh'Y organization.
Getting assigned to the RPF is a traumatic event for most people. Procedurally, what is supposed to
happen is that leaders call a hearing, known as a "Committee of Evidence, 11 to evaluate a person's
performance or attitude. A fonner member described this body as 1Ia Scientology trial, where the
Committee [members] act as prosecutors, judges and jury rolled into one" (Atack, 1990: 306).
Committees sometimes obtain evidence against the person from security checks (called sec checks
[see Kent interview with Young, 1994: 49]), which the organization portrays as "Integrity
Processing" or "Confessional Auditing,n but which is really a form of interrogation (Atack, 1990:
147). In fact, in 1960, Hubbard wrote a policy called "Interrogation" about how to use the device
known as an e-meter as an interrogation device rather than merely as a spiritual aide in counselling or
auditing sessions as the organization represents it to the outside world (Hubbard, 1960).
';'~.\,;A
W
Hubbard had used security checks on his followers since 1959, but the most notorious sec check
probably was the nJohannesburg Security Check," published April 7, 1961. It consisted of over one
hundred questions, almost all of which inquire about previous or current participation in a wide range
of deviant and criminal acts including spying, kidnapping, murder, drugs, sex, and Communism, The
most revealing ones, however, involved people's thoughts about Hubbard and his wife, Mary Sue
Hubbard. The sec check specifically asked, ttHave you ever had any unkind thoughts about LRH?,"
100f21
11/1819722:01:07
~'::J..'.'.J._.r....,+;r..u"". I..~ ,,",or
. ~. ...,..., .~."'""'....s_u_-
... . .....
.
-
,.
j'
")
and "Have you ever had any unkind thoughts about Mary Sue?" Not only, therefore, were people
forced to reveal personal information about serious transgressions, but also they were forced to reveal
the existence of any negative thoughts about the leader or his wife. One former member-turned critic,
Robert Vaughn Young, reported that he was see-checked for several hours a day for about two
weeks (Kent Interview with Young, 1994: 50).
An even more severe form of sec check was the "gang bang sec check/t a process that presumably
takes its name from group rape (a slang term for which is gang bang), Gang bang sec checks involve
two or more interrogators rapidly firing questions and verbal abuse at a victim who is hooked up to or
holding an e-meter. A brief description of this practice occurs in a legal declaration (sworn under
oath) by former member Stacy Young. She declared that her repeated protests about the way that
(the now-current head of Scientology) David Miscavige treated staff led Miscavige to send her to the
RPF in September, 1982 (S. Young, 1994: 8, 65). The specific incident that triggered her assignment
was that Miscavige learned that Young had reacted to his (alleged) screaming fits by telling someone
that he was "a brutal, tyrannical bully" (S. Young, 1994: 65), In response, Miscavige:
· ordered me to submit to what was known as a 'gang bang see check.' Two very large, strong
men... locked me in a room and interrogated me for hours. During the interrogation, they
screamed and swore at me. They accused me of crimes against Scientology. They demanded
that I confess to being an enemy agent (S. Young, 1994: 66).
· Soon Young found herself in the RPF's 'Running Program," which involved "running around an
orange pole for 12 hours a dayll (S. Young, 1994: 66).
.:;
When Committees of Evidence find Sea Org members guilty of serious crimes, then they send many
of them to RPF programs. Irunates are not sentenced to the programs for specific lengths time.
Instead, they remain in until they complete a rigorous program of hard physical labour, constant
verbal abuse from immediate superiors, social isolation, intense co-auditing and sec checking, and
study of Hubbard policies and techniques.
A series of policies about the RPF began appearing in January, 1974 when Hubbard was aboard ship,
and a few revised versions of them have leaked out of the organization. One of these early documents
revealed the totalistie nature of the program when it said that "ea] member of the RPF is a member of
the RPF and of nothing outside of it, till released" (Walker and Webb, 1977: 3). Part of the program
consisted of hard physical labour -- building structures, cleaning, renovating, garbage disposal, and
moving furniture. Typically work projects of this nature took about ten hours a day, since people
were supposed to get lIaround 7 hours sleep, 5 hours study or auditing. 30 minutes for each meal, and
30 minutes personal hygiene, per day" (Walker and Webb, 1977: 4). They were dark worksuits and
were prohibited from speaking (unless necessary) with persons outside the RPF, and they ate and
slept separate from other Sea Org me~b~rs (Walker and Webb, 1977: 10). They had to run
everywhere they went, and often they had to run extra distances for punishment. On a ship, running
punishments usually meant laps around the deck (pignotti, 1997: 18-19). On land, running
punishments sometimes meant running around a pole for hours at a time, often in hot sun (see Kent
Interview with Pignotti, 1997: 22~ S. Young, 1994: 66), Severe restrictions were placed upon
visitation rights with spouses or children (Walker and Webb, 1977: 10),
w
Accounts from former inmates indicate that RPF life can be extremely harsh, degrading, and abusive,
Certainly experiences varied somewhat according to year and location, but Hanna Whitfield's
11of21
IIII RI97 22:02:52
~ ~l
--
"
I
description of RPF at the Fort Harrison Hotel in Clearwater, Florida in 1978 captures many common
elements from other accounts that I have hoord and read:
Some of us slept on thin mattresses on the bare cement floor. Some had crude bunk beds.
There was no place for clothes, so we lived out of suitcases and bags which were kept on
bare floors. Some privacy was maintained by hanging sheets up between bunk beds and
between floor mattresses. The women and men had separate bathrooms and toilets but
they were small. We were not allowed to shower longer than 30 seconds. We had only to
run through the shower and out the other end. There was no spare time for talk or
relaxation. We awoke at 6:30 A.M. or earlier at times, did hard labor and heavy
construction work and cleaning until late afternoon. After [a] quick shower and change
of clothing, we had to audit each other and lrehabilitatc' ourselves until 10:30 P.M. or
later each evening. There were no days off, four weeks a month. We ate our meals in the
garage or at times in the dining rooms AFTER normal meals had ended. Our food
consisted of leftovers from staff. On occasions which seemed like Christmas, we were
able to prepare ourselves fresh meals ifleftovers were insufficient (Whitfield, 1989: 7-8).
A similar, but more passionate, description exists of the Fort Harrison RPF in the account written by
a woman using the pseudonym Nefertiti (1997), who in turn reproduces excerpts from ten other
former Scientologists who related RPF experiences aboard two Scientology ships, FLAG at
Clearwater, Florida, Pacific Area Command in Los Angeles, and Happy Valley near Hemet,
California.
,,--)
.........,....
Certainly the amount of work that RPF members performed varied according to era and
circumstances, but in some instances conditions became unbelievably bad. For example~ In a
California RPF, former inmate Pat reported that her RPF crew "worked shifts of thirty hours at a
time" (Kent Interview with Pat, 1997: 25). Her RPF team would "start working in the morning and
we would work all night into the next morning and then we worked through the next day until we got
our thirty hours and then we'd go to sleeptt (Kent Interview with Pat, 199: 25),
The most extensive description of the RPF at Scientology's facility near Hemet, California appears in
a sworn declaration by fonner Sea Org member Andre Tabayoyon (1994). From comments that
Bavaria's Minister of the Interior, Dr. Gunther Beckstein, made in a January IS, 1997 press release, it
is clear that he is familiar with this declaration. Tabayoyon stated that he spent approximately six '
years in the RPF during his 21 years in the organization (A. Tabayoyon, 1994: 7, 8). In the RPF
program that he was on beneath Scientology's Cedars Sinai Hospital building in Los Angeles, he
allegedly slept on Ita slab inside the vault ofthe morgue." In the RPF in the property near Hemet, he
stayed in "the chicken coop dormitory... which still smelled of chicken coup droppings [sic)" (A.
Tabayoyon, 1994: 18; see Kent Interview with Young, 1994: 20).
a.:.::!~
W
While nearly all RPF accounts speak of guards who were posted to prevent people from escaping the
program, Tabayoyon reported that the guards at the Gilman Hot Springs facility (where Sea Org staff
lived and an RPF operated) were armed (A Tabayoyon, 1994: 25). Indeed, he helped to construct the
facility's security system, which included "the perimeter fence, the ultra razor barriers, the lighting of
the perimeter fence, the electronic monitors, the concealed microphones, the ground sensors, the
motion sensors and hidden cameras,... II He also said that he trained guards in the use of force,
including the use of weapons, many of which had been purchased with "Church" money and not
120f21
11118'9722:04:37
~il~":';'~I""'~"":'.i'" .,,~.......
. , .. . ."......".. . .'1...........
. - .---- --------
,.
.'')
,oJ
o
13 of21
"
"
.. ~. l' . ,. ,. >. , r
registered (A. Tahayoyon, 1994: 15, 16).
This facility (which sometimes is called 1IGold" and other times "Hemett! in various documents) is less
than a two hour drive from Los Angeles and Hollywood, and on its property apparently are a number
of facilities that Scientology's celebrities use. Part of the labour used to build an apartment for
Scientologist and actor Tom Cruise allegedly was from the RPF (A. Tabayoyon, 1994: 53). As
Tabayoyon himself stated, 1I[u]sing RPFers to renovate and reconstruct Tom Cruise's personal and
exclusive apartment at the Scientology Gold base is equivalent to the use of slave labor for Tom
Cruise's benefit" (A. Tabayoyon, 1994: 53). In one instance, when Cruise's apartment was damaged
by a mud slide, "prison [i.e., RPF] slave labort! were "worked almost around the clock" to repair it (A.
Tabayoyon, 1994: 53).
The RPF's RPF
More extreme than the RPF is the RPF's RPF, an institution even described in one of Scientology's
own dictionaries. According to the dictionary definition, the first inmate sent to the RPF's RPF was
because the person "considered their [sic] RPF assignment amusing" (Hubbard, 1976: 451). Various
accounts, however, also suggest that people who did not perfonn according to acceptable RPF
standards ended up in this extreme program.
Hubbard succinctly outlined the ten restrictions under which inmates on the RPF's RPF operated. Six
of the ten were:
,
1. segregated from other RPF members with regard to work, messing, berthing, musters and any
other common activity.
2. no pay.
3. no training.
4. no auditing.
5. may only work on mud boxes in the EIR [engine room]. May not work with RPF members.
[Elsewhere Hubbard identified mud boxes as "those areas in the bilge which collect the mud out
of the bilge water" (Hubbard, 1976: 341)].
6. six hours sleep maximum (Hubbard, 1976: 451).
Andre Tabayoyolly who spent 19 days on the RPF's RPF, summed up the program by saying that it "is
designed to totally destroy any individual detenninism to not want to do the RPF" (A. Tabayoyon,
1994: 9).
Accounts both about people who were on the program, and from inmates of the program itself, are
chilling, and they reinforce Tabayoyon's summation. Monica Pignotti, for example, spoke to me about
her five days in the RPF's RPF in 1975. She related that:
[A]t that point I was in a horrible depression and I was crying almost all the time all day
long and I'm sure I was in a state where I probably would have been hospitalized if... any
mental health profession had seen me then lCUZ I was severely depressed. But they sent
me to the RPFs RPF and I was made to go down and clean muck from the bilges. That
was my job all day long was to do that, getting up at four in the morning and -- it was all
11/1819722:06: 17
~..~..li"'~"h ..l~...~ ,..........
. . . ~. '.,...... .". ^ .~. ..,~' ',,~f"'" ...l.~.. .....~........-.......---...
'. ......... ,',' ..~ ....~_...n........._. L .
:..........
,
day long. And then I was allowed a short meal break to eat by myself and then 1 had to
go right back down there and I had to clean all this sludge out and then paint, paint it....
[The person in charge of the RPF's RPF] would make the prisoners write these essays
untit they got it right, until they were saying what the group wanted them to say. So that
was where I really snapped ~~ where I went into this state of complete ~~ where I didn't
feel anything any more after that. I was completely numbed out and rd do whatever they
said and I didn't rebel any more after my experience on the RPF. I stopped rebelling for a
while (Kent Interview with Pignotti, 1997: 26; see Pignotti, 1989: 28~29).
Nefertiti reported speaking with a woman in her 'thirties on the RPF's RPF whose ankles were
chained together while she was performing a Ilnastytl job in the basement of the Fort Harrison Hotel in
Florida (Nefertiti, 1997: 3). Finally, Dennis Erlich reported that, for the first day or two of his time on
the program in the basement at the Fort Harrison, he was locked in a wire cage and had a guard
outside the room (Kent Interview with Erlich, 1997: 8).
A final word must be said about the RPF, the RPF's RPF, and children. Some evidence exists that
children may be subject to these programs. Monica Pignotti, for example, reported to me that she was
an RPF inmate along with a twelve year old girl (Kent Interview with Pignotti, 1997: 30), and a
posting in the <aIt.religion.scientology> news group by Steve Jebson stated that "I have seen children
on both the RPF and the RPF's RPFtl (Jebson, 1997: 1). Finally, a poorly reproduced document from
Scientology's Pacific Area Command (circa 1989) spoke about the "need to re-institute the Children's
RPF" (Cohee, n.d.).
,,~
"..,..)
One hardly has to point out that the RPF and the RPF's RPF are brainwashing programs. Scientology
operates them to break the wills of, and correct deviations of, its most committed members, and then
to reformulate them into persons whose personalities directly mimic the organizational mould. That
mould is itself a reflection of Hubbard's troubled personality. I am fully aware that many of my social
scientific colleagues insist that researchers should restrict using the controversial brainwashing term
only to situations where there is incarceration and physical maltreatment (Anthony, 1990 : 304). The
RPF and the RPF's RPF meet these criteria. These two programs also used forced confessions,
physical fatigue, intense indoctrination through extended study of the leader's policies and teachings,
humiliation, and fear. Persons familiar, however, with the early history of Scientology are not
surprised to see that Hubbard sanctioned a brainwashing program for his followers, since he almost
certainly is the author of a brainwashing manual that Scientology printed and distributed for years
beginning in 1955.
Brainwashing
~
The manual that Scientology distributed was entitled, Brain-Washing!:] A Synthesis of the Russian
Textbooks on Psycho politics ([Hubbard?], 1955). Purported to be an address by the noted Soviet spy,
Lavrenti Beria, it was exposed as a fake in 1970 by debunker Morris Kominsky (1970). As Kaminsky
noted, much of the book was "a vicious attack against the sciences and professions of psychology and
psychiatry, as well as against the entire legitimate mental health movement II (Kominsky, 1970: 538).
Attacks of this nature remain a central element in Scientologyls secular activities, and one former
member-turned-critic was almost certainly correct when he stated that the brainwashing book or
manual II [w]as secretly authored by L. Ron Hubbard in 1955...." The former member also was
140f21
11/1819722;07;40
~
;~
I
,:)
\:J
is of21
I'
. T<~,. . .. .
absolutely correct about the importance of the brainwashing manual when he concluded that Hubbard
"incorporated its methods into his organization in the mid 1960s and beyondlt (Corydon, 1996: 107).
One thinks automatically of the RPF, but we know for certain that Hubbard had the manual as
required reading for members of the Guardian Office (Anonymous, 1974).
One chapter of the brainwashing book is especially pertinent to understanding Scientology's
contemporary tactics against Germany and its officials. The organization1s attacks on the national
character of the country; its continual attempts to paint current events in the context of 19305 Nazism
(for example, Freedom Magazine, [1996?]); its efforts to discredit current German government
officials by linking them to Nazism through (so I was told) their older relatives; and charges that
Gennan churches campaign against Scientology for fear of losing members to it (Church of
Scientology International, 1997: 101); all seem to have general parallels with tactics advocated in the
brainwashing manual.
I will read the relevant passages, but I will do so making similar substitutions of words in the text that
Kevin Anderson made in his 1965 report to the Australian Parliament (Anderson, 1965: 198-199). By
doing so, Anderson dramatically illustrated his claim that "a great part of the manual is almost a blue
print for the propagation of [S]cientology" (Anderson, 1965: 84). Whenever the manual says
"psychopotitics" or "psychopotitical," I will say l1Scientology." I replace "psychopoliticiantl with
"Scientologist," and I replace "Communist Party Membersll with "Sea Org members. II With these
substitutions in mind, I now quote excerpts form Chapter VIII entitled, ItDegradation, Shock and
Endurance:"
Defamation is the best and foremost weapon of [Scientologists] on the broad field.
Continual and constant degradation of national leaders, national institutions, national
practices, and national heros must be systematically carried out, but this is the chief
function of [Sea Org Members] in general, not the Scientologist ([Hubbard?], 1955: 41).
The officials of government, students, readers, partakers of entertainment, must all be
indoctrinated, by whatever means, into the complete belief that the restless, the
ambitious, the natural leaders, are suffering from environmental maladjustments, which
can only be healed by recourse to [Scientology] operatives in the guise of mental healers.
By thus degrading the general belief in the status of Man, it is relatively simple, with
co-operation from economic salients being driven into the country, to drive citizens
apart, one from another, to bring about a question of the wisdom of their own
government, and to cause them to actively beg for enslavement.
As it seems in foreign nations that the church is the most ennobling influence, each and
every branch and activity of each and every church must, one way or another, be
discredited.... Thus, there must be no standing belief in the church, and the power of the
church must be denied at every hand.
11/18/9722:09:26
"
"
"
"
,~
;
The [Scientology] operative, in his programme of degradation, should at all times bring
into question any family which is deeply religious, and should any neurosis or insanity be
occasioned in that family, to blame and hold responsible their religious connections for
the neurotic or psychotic condition. Religious must be made synonymous with neurosis
and psychosis. People who are deeply religious would be less and less held responsible
for their own sanity, and should more and more be relegated to the ministrations of
[Scientology] operatives.
By pelVerting the institutions of a nation and bringing about a general degradation, by
interfering with the economics of a nation to the degree that privation and depression
come about, only minor shocks will be necessary to produce, on the populace as a whole,
an obedient reaction or an hysteria ([Hubbard?], 1955: 43-44).
With only a little imagination, one can see that the brainwashing manual seems to provide an outline
for Scientology's battle plan against Gennany.
"J
Through, for example, innumerable publications such as Freedom magazine, Sea Org members and
other Scientologists produce a barrage of material that denigrates the nation and its leaders. Gennan
Scientologists are now able to label its political leaders as violators of human rights, thanks in part to
criticism that the United States Department of State levelled against the country's attempts to curb the
organization and boycott films starring American Scientologists (Lippman, 1997). On the economic
front, critics might see events in th~ Hamburg real estate market as evidence of Scientologists'
attempt to cause what the brainwashing manual called "privation and depression" among apartment
renters. Reportedly Scientologists bought rental properties and turned them overnight into
cooperatives. The chairperson of the Hamburg branch of the Gennan real estate agents association,
Peter Landmann, told the New York Times that these Scientologists were tI'using disreputable methods
to frighten and coerce the renters into buying them back at high prices'" (Whitney, 1994: A12).
Finally, of course, Scientology continues to blast psychiatry, attempting to link it with both Nazism
and current Gennan efforts against it. Hubbard, or whomever wrote the brainwashing manual's
instructions about how to degrade a country, undoubtedly would be proud of his followers' public
relations successes thus far.
Indeed, from a public relations perspective, Scientology may be winning the battle, at least back in
North America. When, for example, the prestigious New York Review of Books published an article on
"Gennany vrs. Scientology," the Gennan reporter (who writes for the Suddeulsche ZeitllJlg) strongly
implied that government officials were scapegoating Scientology. His argument seems to be that
attacks against the group have become part of a moral panic, when in fact other social issues, such as
double-digit unemployment, declining state generosity, tensions over European union, and problems
with national identity, should be the real areas of concern (Joffe, 1997: 20). This argument, however,
as well as the American State Department human rights criticisms, shows a profound and increasingly
inexcusable ignorance of disturbing if not dangerous abuses that occur as routine Scientology policy
against many of its members.
Scientology and Probable Human Rights Abuses
~
Even to concede that Scientology may be a religion to many of its adherents, the basis for German
1601'21
11/18/9722:10:52
r'1
'~.
, ,
ttJ
17or21
-
governmental opposition to it has nothing to do with what people believe. It has everything to do
with what German government officials know that the organization does. Consequently, this
presentation concentrated heavily on the organization's social-psychological assaults on many of its
most committed members, and I barely mentioned Scientology's ideological system. The assaults that
I described are ones that German government officials seem to know about, and with that knowledge
they have no choice other than to see Scientology as a threat to the democratic state. Were officials to
grant Scientology religious status, then even more citizens than already now do, would increase their
involvement to the point of becoming Sea Org members, and then at least some of them would be
subject to the brutal conditions and programs that I described. With Gennany's unique experiences
with both National Socialism and Communism, it is unthinkable that responsible officials would
facilitate the operation of a totalitarian organization that throws its members into forced labour and
reeducation camps.
One of the tragedies in this debate is that normal Scientologists will feel persecuted and threatened.
These peqple likely know nothing about RPF conditions, and they genuinely feel that Scientology
involvement has benefitted them. The organization to which they belong, however, appears to be
committing serious human rights abuses. Consequently, I conclude my presentation by higWighting
areas of concern raised by examining the United Nations' 1948 resolution entitled 11w International
Bill of HlIman Rights (United Nations, 1996b), and the 1996 International Covenant 011 Economic,
Social and ClIltural Rights (United Nations, 1996a).
First, Scientology's procedures involving committees of evidence, sec checking, gang bang sec
checking, and the two RPF programs almost certainly violate Articles 9 and 10 of the Bill. Article 9
protects people against "arbitrary arrest, detention or exile" while article 10 guarantees "a fair and
public hearing by an independent and impartial tribunal, in the detennination of his [sic] rights and
obligations and of any criminal charge against him" (United Nations, 1996: 23).
Second, Scientology's punishment of members for merely discussing the merits of Hubbard's
teachings, as well as its invasive probing into people's thoughts though sec checking, almost certainly
violate Articles 18 and 19 of the Bill that deal with both "the right to freedom of thought, conscience
and religion" and "the right to freedom of opinion and expression" (United Nations, 1996: 25).
Third, the various Scientology practices and procedures that 1 discussed may violate Article 17 of the
Em, which states that "[n]o one shall be subjected to arbitrary or unlawful interference with his
privacy, family, home or correspondence, nor to unlawful attacks on his honour ami reputation"
(United Nations, 1996: 49).
Fourth, the conditions of the RPF and the RPF's RPF almost certainly violate Article 7 of the
Covenant, which discusses "the right of everyone to the enjoyment of just and favourable conditions
of work..." (United Nations, 1996a: 38). The article specifically identifies fair wages; II [a] decent
living for themselves and their families..., [s]afe and healthy working conditions..., and [r]est,leisure,
and reasonable limitation of working hours and periodic holidays with pay...." (United Nations,
1996a: 38). Indeed, many Sea Org jobs themselves may not meet these reasonable standards of
propriety, safety, and fairness.
Fifth and finally, the extreme social psychological assaults and forced confessions that RPF and RPF's
RPF inmates suffer almost certainly violate Article 12 of the Covenant, which recognizes "the right of
11/1819722: 12:37
ri
..
'1.1' /.. '.. .", . . ~~r . '~"
o
everyone to enjoyment of the highest attainable standard of physical and mental health" (United .
Nations, 1996a: 18).
These and probably other serious human rights issues swirl around Scientology programs that have
tax exemption and operate within the boundaries of the United States, With these serious issues in
mind, the American human rights criticism of Gennany's opposition to Scientology is the height
diplomatic arrogance. By granting Scientology tax exemption, the United States government is
cooperating with an organization that appears to put citizens from around the world at significant
mental health and perhaps medical risk. While in no way do I want my remarks today to be taken as a
blanket endorsement of the Gennan government's rhetoric or tactics, on the battle with Scientology
the government has the high moral ground.
Bibliography
..~
Anderson, Kevin Victor
1965. Report of the Board of Inquiry il1to Scientology. Melbourne, Australia: A. C. Brooks.
Anderson, Sue
1980. "Honorary LRH PROs Around the World I II (July 28): 8pp,
Anonymous [L. Ron Hubbard?]
1974. "Confidential Intelligence Course. 11 Guardian Order 131./ (September 9): 3pp.
Anthony, Dick
1990. "Religious Movements and Brainwashing Litigation: Evaluating Key Testimony." in In
Gods We Tn/st: New Pallenls of Religious Pluralism in America. New Brunswick, New
Jersey: Transaction Books: 295-344.
Atack, Jon
1990. A Piece of Blue, Sky. Scientology, Dianetics, and L. ROil Hubbard Exposed. New York:
Lyle Stuart.
Beckstein, Gunther
1997. I1Measures Undertaken by the Government of the State of Bavaria Against Scientology."
Posted on <http://www.bayern.de/STMI/Scientology/e2197.htm>: (January 15).
Bev
,(~;,;\l
W
199'. "Co$, Chemobyl, Radiation, and the Purif." Posting on <alt.religion.scientology>
(January 10): 2pp.
Cartwright, Robert H. and Stephen A. Kent
1992. Social Control in Alternative Religions: A Familial Perspective. 11 Sociological Analysis
53 No.4: 345-361.
Church of Scientology Celebrity Centre International
1995. Celebrity. Minor Issue 284.
1996. Celebrity. Minor Issue 295.
Church of Scientology Flag Service Organization
1992. Flag Tech NelfJs. Issue 75: 8pp.
Church of Scientology International
1992. What Is Sciel1lology? Los Angeles: Bridge Publications.
1994. I1Honorary PROs in Action." Hotline [The Newsletter ofL. Ron Hubbard Personal
Public Relations Office International] VI, Issue 3: 6.
1996. "Narconon Celebrating 30 Years of Saving Lives, It International Scientology News, Issue
180(21 '
t 1/18197 22:14:21
r,
'J
'J
o
19of21
-
J..-
~-~-~ 1 r
"
.. .. " .. . ,..' . ;,.
2. Los Angeles: Church of Scientology International.
1997. "The Germ~ Problem: Religious Discrimination." Advertisement in George [Magazine]. '
(June): 100~101.
Church of Scientology of California
1978. What is Scientology? Los Angeles: Publication Organization United States.
Cohee, Nedra. n.d.
(circa 1989). "Kids Scene in PAC." Memo: Ip.
Coryden, Bent
1996. L. Ron Hubbard, Messiah or Madman? Fort Lee, New Jersey: Barricade Books.
Freedom Magazine.
(19961). The Rise of Hatred and Violence in Germany. [n.pl or pub.]: 167 pp.
Gabriele
1989. "(Untitled Letter to Commanding Officer, Pacific Area Command]." (October 24): 2pp.
Gouess~ Alain; for Vicky Zahler
1989. "PAC Orgs Schedules & Family Time.1I Executive Directive (November 6): 1p.
[Hubbard, L. Ron]
1955. "Project Celebrity. n Ability Minor II: 2.
[Hubbard, L. Ron?]
1955. Brain-Washing[.] A Synthesis of the Russian Textbook on Pjychopolitics. Los Angeles:
The American Saint Hill Organization.
Hubbard, L. Ron
1960. "Interrogation. n Hubbard Communications Office Bul/etill (March 30): 2pp.
1961. "Johannesburg Security Check." Hubbard Communications Office Policy Letler (April
7): 4pp.
1969. "Intelligence Actions[.] Covert IntelHgence[.] Data Collection. t1 Confidential Memo "To
the Guardian WW [World Wide]: 5pp.
1974. liThe Technical Breakthrough of 1973! The Introversion RD." Hubbard
Communications Office Bul/etin of23 January 1974 RA, Revised 10 February 1974; Revised 1
November 1974. Reproduced in L. Ron Hubbard, 1976. The Tec/mical Bulletills of Dialletics
and Scientology Volume VIII (1972~ 1975). Los Angeles: Scientology Publications: 346~353.
1976. Modern Management Technology Defined. Copenhagen: New Era Publications.
International Association of Scientologists
1995. The Next Decade. The IAS J 1Ih Anniversary Annual Report to Members J984~J995. No
Place or Publisher.
International Association ofScientologists Administration [IASA]
1995. Impact 63.
Jebso~ Steve
1997. ItChild Cruelty in Scientology. It <a1t.religion.scientology>: (April 14); downloaded fonn
Deja News.
Jentzsch,. Yvonne; and Harriet Foster
1977. "Commanding Officer[.] Public Relations Organization[.] Administration Scale. II
Executive Directive SO ED 932 !NT (May 31): 6pp.
Joffe, Josef
1997. "Germany vs. the Scientologists.tt New York Review of Books (April 24): 16-21.
Kent, Stephen A
1996. "Scientology's Relationship with Eastern Religious Traditions. II Journal of
11/1819722:15:44
.1_........t..~t,',:....-.t.l~1 ~ ,'..I~t 11"I.'oub....
,--.........~.."".._... ~...~1oI_...J__":"'"'u--:.
r,
~
<:)
~'~"
...._..
0'\'"
20 of 21
T -
~
I'
Coll1emporary Religion 11 No, 1: 21-36; German Translations in IIScientology und ostliche
religiose Traditionen,1I Berliner Dialog Heft 1-97 (Ostern, 1997): 16-21; and IIScientology,
religiose Anspruche und Heilungsschwindel.tt Berliner Dialog Heft 1-97 (Ostern, 1997): 22-25.
19978. liThe Globalization of Scientology: Influence, Control, and Opposition in Transnational
Markets, It Unpublished Mss" 56pp.
1997b. liThe Creation of , Religious' Scientology. n Unpublished Mss., 49pp.
Kent, Stephen A. (Interviewer)
1987. "Interview with Fern [pseudonym, on Scientology]." (December 7): 70pp,
1994. "Interview with Robert Vaughn Young," (August 13): 7Ipp.
1997. "Interview with Dennis Erlich," (March 30): 18pp.
1997. "Interview with Pat [Pseudonym, on ScientoIogy].tt (March 12): 35pp.
1997. "Interview with Monica Pignotti.11 (April 6): 31pp.
Kominsky, Morris
1970. The Hoaxers: Plain Liars, Fallcy Liars, and Damned Liars, Boston: Branden Press.
Krueger, Curtis
1991.. "Little Time for Children...'l St. Petersburg Times (November 10): 12A.
Lippman, Thomas W,
1997. "U.S. Criticizes Cermany on Scientology." Washingtoll Post (January 27): AI, A9,
Lobsinger, Robert W,
1991. "State Mental Health Board Denies Narconon Certification Bid," in 111e Narconon Story
ill Oklahoma As Recorded in the Pages of the 'Newkirk Herald Journal': 57-60.
Miller, Russell
1987. Bare-Faced Messiah. V,e True Story of L. Ron Hubbard, London: Michael Joseph.
Nefertiti [pseudonym]
1997. "The Church of Scientology or the Guru's Gulags. Story of An Escape,lI <
http://www.cnbc.cmu.eduJ-dstlLermalenglish.html>. (May).
Pignotti, Monica
1989. "My Nine Lives in Scientology.lI Downloaded from the World Wide Web: 36pp,
Reuters
1997. "Hollywood Does Hubbard." (March 18)~ downloaded from
<http://www.yahoo.comlheadlines/9703 IS/ent... ment/stories/ entertainment_summary _1. html>.
Shapiro, Ken
1989. "Order, Query Or." [Letter]. (December 5): Ip. (plus Attachments).
Swartz, Fred
1989. "PAC Orgs Schedules and Family Time" [Letter]. (November 9): Ip. (plus Attachments),
Tabayoyon, Andre
1994. "Declaration of Andre Tabayoyon, It in Church of Scientology International Wi'. Steven
Fishman and Uwe Geertz. United States District Court, Central District ofCaJifornia, Case No,
CV 91 6426 HLH (Tx), (April 4): 64pp. (Plus Attachments).
Tabayoyon, Mary
1994. "Declaration of Mary Tabayoyon,1t in Church of Scientology Illternational 1'S. Steven
Fishman and Uwe Geertz. United States District Court, Central District of California, Case No.
CV 91 6426 HLH (Tx), (April 4): 36pp. (Plus Attachments).
Tobin, Tom
1997. "Scientology Had Woman in Isolation." St. Petersburg Times [Florida, U.S.A.].
(February 21): lAft:
11/1819722:17:23
__ I
'/
c -Ii '......{.
~-*)
<'*' "
"~ '
tf,:~:A
~
21 of21 '
"
. ',., ..
~ ,~ ...,> ~.... \'. ... ,.' ... '" . ,. .
United Nations
1996a. The Committee on Economic. Social and Cultural Rights. Geneva: United Nations,
1996b. The International Bill of Human Rights. Geneva: United Nations.
Walker~ Ens. Susan; and Lt. Art Webb, 2nd
1977. liThe Rehabilitation Project Force.1I Sea Organization Flag Order 3434RB. Re-RcYised
by Commodore's Messenger; Approved by L. Ron Hubbard, Commodore. (January 7~ 1974;
Revised August 21~ 1976; Re-Revised May 30, 1977): 14pp.
Weber, Max
1968. Economy and Society. Volume 1. Berkeley: University of California Press.
Weiland, Kurt '
1990. "Eradicating Psychiatry." Impact [Magazine of the International Association of
Scientologists]. Issue 33: 21.
Whitfield, Hana .
1989. "Affidavit." (August 8): Ilpp, downloaded from <alt.religion.scientology>.
Whitney, Craig R.
1994. "Scientology and Its Gennan Foes: A Bitter Conflict. II New York Times (November 7):
A12.
Widder, William 1.
1994. 17,e Fictioll of L. Ron Hubbard. Los Angeles: Bridge Publications,
Wilson, Bryan R.
(no date). Religious Toleration & Religious Diversity. Booklet. Santa Barbara, California:
Institute for the Study of American Religion.
1990. The Social Dimensio11s of Sectaria11ism. Sects alld New Religious Movements in
Contemporary Society. Oxford: Clarendon Press.
1994. "Expert Opinion Submitted to ItChurch of Scientology International vs. Steven Fishman
and Uwe Geertz, United States District Court for the Central District of Cali fomi a, Case No.
91M6426 ID..H (Tx), (November 26): lOpp.
WISE International
1994a. "News in Brief." Prosperity Magazine, Issue 36: S.
1994b. "The Purpose of WISE." Prosperity Magazine, Issue 36: [Inside Front Cover].
Young, Stacy Brooks
1994. "Declaration of Stacy Brooks Young. n in Clmrch of Scientology International vs. Steven
Fishman and Uwe Geerlz. United States District Court, Central District of California, Case No.
CV 916426 lU.H (Tx), (April 4): 82pp. (plus Attachments).
11118/9722:18:S9
r,
r
,
. c, ~ . ....~. ,/I'" ~ .' -, .
~
....~.r
AFFIDAVIT
HANA WHITFIELD
661N. Occidental Boulevard
Los Angeles, California 90026
August 8, 1989
My name is HANA ELTRINGHAM WHITFIELD.
r was in Scientology for 19 years from March 1965 to August 1984.
The majority of those years, particularly the last 10 were filled
with great emotional, mental and physical trauma. This experience
was the most humiliating and degrading one I've ever experienced.
I still suffer from frequent nightmares, emotional distress and
severe headaches because of it.
()
I first joined Scientology in March 1965 in johannesburg, South
Africa. I read Hubbard',s book, DIJUmTICS, THE MODERN SCIENCE OF
MENTAL HEALTH and it captivated me with its promise of being the
first real science of the mind. It promised that man could free
himself from all reactivity and achieve a God-like state called
Clear. It promised that man would never again suffer any physical
disease, infection, ache or pain and that he would thereafter
always be in perfect mental, emotional and physical health. It
promised higher I.Q. and much, much more.
Toward the end of the same year, I was in England doing further
studies in Scientology.
In 1967 I was invited to join the elite of Scientology in a new
project of Hubbard's - the SEA PROJECT. Hubbard started the venture
for two main reasons - to escape the law and to run his
international Scientology empire without interference.
By October 1967, the Sea Project had been fo~ulated by Hubbard
into the SEA ORGANIZATION and those on board the first ships who
wished to stay signed contracts for a billion years of duty to
Hubbard and his cause.
;.:;~~~
W
The first six months aboard the SY AVON RIVER (SY = Steam Yacht)
with Hubbard were pleasant and exhilarating. The fearful moments I
experienced were during Hubbard's frequent psychotic outbursts of
fury, during which he screamed and threatened for minutes and
sometimes for several hours without ceasing, and other occasions
where crew were brutally punishe~ for errors and mistakes. One such
example had to do with 2nd Engineer, Terry Dickensen, a tall and
kindly Australian. Terry had failed to install a Sharpes
ship-to-shore radio on the AVON RIVER bridge according to Hubbard's
schedule, and the Ethics edict Hubbard issued as a result horrified
me to the core. It stated that Terry could not eat with the crew
until the Sharpe a had been obtained from New York and installed cro
the AVON RIVER bridge. Further, Terry was denied any sleep until
Affidavit of Hana Whitfield
Page 1
~;.:j".t\t'..i.k:t.JJ.~~tl'>~>~ ,+to'L/ilft.f......... .
.. '....................t.........\ .++-4w,.~~..~."'.--"".
''1' ....
--
"
'W'"- y 'IT"
~
')
the Sharpes was installed, no matter how long it took. If he did
sleep, the penalty of not eating with the crew would become
pe~nent. Furthermore, he would have to sleep on deck for all time
without pillow or blankets. I was the Officer in charge of crew
ethics and morals at the time and was expected to enforce the
ethics order. It took five long, very long days and nights before
the Sharpes arrived from New York and was installed. During that
entire time, Terry and I did not sleep. I didn't sleep to be
certain that Terry didn't. Terry never recovered from the
experience and left the Sea Organization shortly thereafter, a
broken man.
A while later, Hubbard broke up a strong relationship I had with
another Sea Org member. (I was not aware at the time that Hubbard
routinely surrounded himself with women executives and bitterly
resented one of them leaving the job to marry.)
..~
In early 1968 "OT 3" was released. OT 3 is a secret upper level
counseling procedure that says thousands of souls of people who
died 75 million years ago are attached to your body. I was eligible
to start on it shortly after its release. I remember my amazement
when I first read the materials and the story of OT 3. I thought it
was a joke, or a figment of Hubbard's sci-fi imagination. However,
I dutifully made myself read and reread and restudy the story and
tried my hardest to counsel myself on the level honestly. (All
adverse reactions to the counseling,materials are thoroughly
explained in Scientology - Hubbard states that those unableto audit
the materials have drugs problems, have earlier auditing actions
left incomplete, are connected to a suppressive person, have
undisclosed misdeeds or a host of other ills). I finally completed
the level later that year. Thus, thousands of souls from people who
had been dead about 75 million years had been freed fram my body to
go, each one separately, incarnate and live his or her own life.
It took me many, many years after I left Scientology to realize
what a scam it and its auditing procedures are; to realize that the
procedures all utilize techniques to induce increasingly deeper
trance states and rapidly bring about l1auditing junkies" who only
live for their next I1high". Victims of Scientology who continue in
its altered states of consciousness wind up being programmed
robots, spending all their time, energy and money in Scientology.
Later in 1968, I was order to sail with the AVON RIVER from La
Goulette, Tunisia to Melilla, Spanish Morocco, to wind up several
incomplete projects left there during a recent visit of the
Flagship. The AVON RIVER was not sea worthy. She had a faulty
boiler input pump and the high pressure cylinder rings in its steam
engine kept breaking.
l. ;;;;' ~
W
As the Captain, I reported the fact to Hubbard. He immediately
assigned the vessel and all crew a condition of Liability, (the
Ship being a liability as it not sail). The entire crew and myself
were up for seven days with only two to three hours of sleep each
night, disassembling and cleaning the condenser, emptying and
Aflldavlt or Hana Whitfield
Pege2
r,
,~
cleaning out the huge boiler, the steam lines from the boiler to
the main encgine and lines from the engine to the condenser - a
mammoth job. After seven days, I was threatened by one of Hubbard's
aides with an even lower condition if we did not sail within 24
hours. To avoid additional duress and punishment, I had the engine
room rapidly put together again, had some old and very worn piston
rings installed and allowed the AVON RIVER to sail so that we could
get away from La Goulette and the crew could get some much needed
sleep.
In March 1969, I was assigned to the Advanced Organization in Los
Angeles as its Commanding Officer and later that year assumed the
position of Deputy Commodore. Both postings were made by Hubbard.
It was a harrowing job. The streams of orders I received on a daily
basis from the Flagship often contained ten to fifteen
contradictory orders from Hubbard's senior management staff. Worse
yet, the orders had to all be executed NOW, so attempting to query
and coordinate them with management proved fruitless.
In addition to the administrative dilemma I experienced at that
tim~, Hubbard ordered me to return to OT 3 and continue auditing on
the level. I did so hesitatingly, but complied as, of course,
"Hubbard knew best". During the remainder of 1969 and the whole of
1970, I audited on the level almost daily. I gradually felt worse
and worse mentally and emotionally and physically.
')
'~
I felt as if my personality was becoming fragmented, as if I was
splitting up into hundreds of different UmetsU. I felt devoid of
energy and will and interest in doing anything. I only wanted to
get away and sleep and forget about Scientology and the Sea Org
world I was living in. I was terribly worried and fearful about
what was happening to me; but even though I reported it frequently,
I was told by several case supervisors to just carry on. So I
continued to believe that time and persistence would solve the
difficult circumstances. They did not, of course... and months
later and well into 1970, I was no longer aware of my earlier
consideration. I was only intent on doing what work I could get
done and keeping my energy and will high enough to do it. I felt
mentally and emotionally drained, dull and lifeless. I did not know
why. It bothered me immensely.
Upon return to the Flagship at the end of 1970, I was assigned as
one of Hubbard's several executive aides. I fought on through the
weariness and tiredness that I felt inside myself continually for
the next few years, through the ups and downs of' being in and out
of favor with Hubbard, the disgrace of another Committee of
Bvidence and being forbidden by Hubbard ever again to hold an
executive position. But that passed also and before I knew it, I
was back in favor again.
,~
In early 1974, Hubbard instituted the Rehabilitation Projeot Poroe
- also known as the .RPp. - on board the Plagship ApollO. To it was
assigned anyone who Hubbard felt might be a plant or a covert
operative against himself, or anyone who had bad thoughts about
Al"ldavlt of Hana Whitfield
Page 3
---..~ uiLi.~ I~,":d,~-:..._..L.i:;, .. ',,'1'. i~' k .~.- ....'
> ,. -... ,...., "' '. -~. .....'"'~-~. ,. ............::. '..
"
"
;~ .
''1
him.
The RPP was represented as a place, a group, where those assigned
to it could rehabilitate themselves using Hubbard's techniquos. In
actuality, it was a type of slave labor camp whose me~ers lived,
ate and worked in squalid, degrading conditions and who were
utterly forbidden to talk to anyone but their own kind. They were
completely segregated from normal crew. One evening I saw its
members on the aft deck. They were eating with their hands out of
buckets containing leftover food - they were standing around a
largo pot of leftovers shoveling them into their mouthe with their
hands as if they were starving. I developed a very real horror of
the RPP and what it represented and a slowly growing fear of
Hubbard and the organization from that point onward.
During the early 70's, Hubbard supervised my auditing personally
for several years. I was in session almost every day. I gradually
became more and more convinced that I was the cause of the auditing
"not working" on me, that I was stopping it from being successful
even though I did not know how I was doing it. It was firm policy
that Hubbard could do no wrong- - ever, that the auditing
techniques be had devised were n~ver wrong - ever, and that the
auditor applying them was rarely wrong. In the face of such
totalist belief, which I completely believed at the time, the only
possible cause of the failure was myself.
::~
Then one day in 1974 during another round of auditing sessions
ordered by Hubbard, I got a bad headache. Nothing that was done
that day got rid of it. It continued thereafter ... and continued
daily for the rest of the week ... and continued the next week ...
and week after week thereafter... and from that time on I had a
headache almost constantly for 10 years. It would get so bad two or
three times ~eekly that I was not able to work. The only way I
could tolerate the intense throbbing pain was to sit in my bunk
with my chin on my knees and wait out the one to three days it took
for it to dull enough so r could return to work. During this
period, I gradually got more and more paranoid about my "evilness".
Because the cause of the headaches could not possibly be Hubbard or
his philosophy or his technology, it HAD to be myself. It HAD to be
something I had done or said at some time in the past, or something
bad or evil about myself that I had not yet had the courage to face
up to. Hubbard ordered the auditing to be continued but it never
got rid of the pain. Sometimes the headache improved slightly and
at other times it worsened. But it never left.
I
u
From late 1975 to March 1982, I lived and worked at the Por.t
Harrison Hotel. at 210 South Port Harrison Avenue in Clearwater,
Florida. The Sea Organization had moved ashore in late 1975 to its
new headquarters in Clearwater, Florida. Hubbard orchestrated the
entire move, including the use of front names so that Soientology
could move into Clearwater incognito. His personal intelligence
agenoy, the Guardian Office, which ran overt and covert operations
agaipst anyone who dared come up against Hubbard in any way,
assisted with the deception during and after the move.
Affldavll or Henll Whllfleld
Page 4
~_""'.fIIi.oI~...,....;,~:.. .,... ~~.."'.
'. ,..~ .." .~.~ ..,..U...Lf,t.......I.-./~. ~........-. <>,
r,'
"
;
I,
~
l
Prom October 1975 onward, I held several senior positions at Flag,
this being the name for the complex of organizations which existed
at the Port Harrison Hotel and other buildings close by. I was an
Officer of the Plag Service Organization, the senior~most
organization in the United States which counseled and trained
Scientologists.
As a staff member during this periOd, I was aware of the public
outcry against Scientology from time to time.
I and other staff at the Port Harrison Hotel were briefed by senior
Sea Organization or Guardian Office executives as to what was
happening, who was at fault and why, and the positioning and
conduct that we, as staff, were expected to uphold.
:)
During these years, I was completely unaware of the covert
operations run by the Guardian Office against the Clearwater Mayor
Mr. Gabriel Cazares, or against Scientologist Mike Meisner, or that
Scientology senior management discussed murdering Mike Meisner and
-deep sixing- him to prevent him from getting to the PBI and
spilling his guts about the covert operations Hubbard1s Guardian's
Office and he had been running against every major branch of the
United States Government including the PDA, the AMA and more, and
the covert operatives placed in many government agencies including
the Justice Department. I was also unaware of the covert plan and
operation that cost Scientology $250,000.00 to compromise Plorida
jUdge Richie at a time when he was sitting on a case against
Scientology. portunate1y, that Guardian Office operation failed.
During my years in Clearwater, I was aware the Scientology was
deeply disliked and resented by the Clearwater public as evidenced
by their protest marches around the Port Harrison Hotel. I was told
by Guardian Office representatives, as were all staff, that the
resentment was being stirred up by Scientology's enemies such as
the Mental Health institutions, the PBI and the CIA among others.
I believed the information at the time as it was the only
information I had. All staff were forbidden to read newspapers and
magazines in a successful effort to preclude thoBe that contained
bad news about Scientology. We were also forbidden to watch TV, and
TVs were being methodically stripped from all rooms in the Fort
Harrison Hotel.
~
My emotional and mental health continued to gradually worsen
throughout the years in Plorida and I battled to put up a -normal-
front. I continued working to the best of my ability. Often I had
to leave work due to the intensity of the pain. I started getting
suicidal as I could see no other way out of the condition I was in
and I was convinced the cause was within mYBelf. Prom time to time
and particularly when the headaches worsened, I mulled over how I
would kill myself. I decided that to safeguard the good name of
Scientology (I had no idea at that time how deeply and completely
deceived I had been all those years about ScientOlOgy and Hubbard)
I would end my life at some location distant to Clearwater and
Affldll\11t or HBna Whllnold
Page 5
~....i.'lLThI.;"L4'.i;.l:u.ii/. ,_..l.I",.........~ .
..__..:.: . u~+.,..._~......-~......
-
r
.'
')
destroy all identification beforehand. I made these thoughts known
to my auditors, and carried on as normally as I could outwardly.
'~"")
'",
Then in 1978, I was assigned to the Rehabilitation Project Porce at
the Port Harrison, the Sea Organization's slave labor. camp. I was
assigned to it because I had evil thoughts about Hubbard and the
Sea Organization. I was utterly shocked and devastated. I was
escorted to the RPP location between two heavy men, both well over
6' tall. I was lecked up for about 24 hours in a room with no
windows. I was under continual guard during that time and slept on
a mattress on the floor without sheets or blanket. I was shocked
and awake the entire night sometimes weoping and other times
completely numb, devoid of all feeling or thought. I had a crazed
urge to escape but knew I could not, that I had to finally confront
myself and discover how evil and truly bad I was. I felt I was
split into several people ~ one of them a kind, loving person who
was in deep shock, the other a cold, calculating, evil~minded
parson who was intent on harming others for the fun of it, and yet
another person who was terribly confused and did not know which of
the other two was correctly me. I felt my mind was being ripped
apart, that I could not think or feel anything. I forced myself
blindly through the routine of having' to run continually (RPF
members were not allowed to walk at any time), of having to talk to
non~RPF staff only when spoken to, of. having to address everyone as
.Sir-, of having to do menial work of cleaning toilets. of having
to wear old, torn and tattered blue overalls, of having to be seen
running in the, Plorida heat, perspiring and without makeup or
hairdo, doing menial and embarrassing work in front of all the
public - in pain all the time.
I requested to go in front of a Review Board. The Board was
disinclined to see me personally. It found my assignment correct
and ordered I remain in the RPF.
RPP members at that time wore completely segregated from -normal-
stuff and slept, lived and often ate in the Fort Harrison garage in
the midst of continual exhaust fumes. They were not allowed to talk
to, mix with or eat with -normal- staff. They wore old, tattered,
ripped up Davy jump suits or boiler suits and looked like derelicts
from skid row. Women were not allowed to use any makeup or have any
hairdos. No jewelry wa& allowed. Even in the incredible hot and
humi~ Florida summers, women were not allowed to wear short
cut-offs but had to wear longer shorts or skirts or long trousers.
No clothing lighter than the heavy material the jump suits were
made from could be worn intitially.
~
RPF members had to run all the time. They "ere not allowed to walk.
They had to run while doing their Cleaning assignments in bathrooms
and toilets, while doing the garbage details or while going up and
down the 12 flights of stairs in the Port Harrison building
carrying buckets, brooms and heavy cleaning equipment, and
sometimes buckets full of heavy construction material. RPP members
were not allowed to use the elevators, not even the service
elovator.
Affidavit of Hana Whitfield
Page 6
i:"IIIIIIIi._'nl~>; ,,!j.'~..;.'\':":Hu.t.: . t.~ . ,".. - .
d .. ~.. ......_,...,..................."... .
. ....... ~ ~,. .. - -.......
j'
, r ~,
'~
To prevent zoning, health and other city inspectors from seeing the
RPF conditions as they really existed, all RPPers were practiced
and skilled in tranSforming their normal RPF sleeping areas into
what looked like a regular furniture storage space, and doing so in
a very short period of time. Z often wished that someone from the
city would spring a surprise visit on the Fort Harrison kitchen or
garage or nursery but it never. occurred.
:)
This is how we really lived in the RPP. Some of us slept on thin
mattresses on the bare cement floor. Some had crude bunk beds.
There was no place for clothes, so we lived out of suitcases and
bags which were kept on the bare floors. Some privacy was
maintained by hanging sheets up between bunk bedo and between floor
mattresses. The women and men had separate bathrooms and toilets
but they were omall. We were not allowed to shower longer than 30
seconds. We had time only to run through the shower and out the
other end. There was no spare time for talk or relaxation. We awoke
at 6:30 A.M. or earlier at times, did hard labor and heavy
construction work and cleaning until late afternoon. After 8 quick
shower and change of clothing, we had to audit each other and
-rehabilitate- ourselves until 10:30 P.M. or later each evening.
There were no days off, no vacations. We worked seven days a week,
four weeks a month. We ate our meals in the garage or at times in
the dining rooms APTER normal meals had ended. Our food consisted
of leftovers from staff. On occasions which seemed like Christmas,
we were able to prepare ourselves fresh meals if leftovers were
insufficient.
The RPP maintained a very strict reform code which tolerated no
insubordination or resistance of any kind whatsoever. Any instance
of such wao dealt with by immediate push ups or running up and down
tho garage inumerable times. The slightest infraction earned hard
and harsh penalties. Every rule had to be followed regardless of
its correctness or applicability at any given point in time.
Certain infractions caused the person responsible to be assigned to
the RPP's RPF, a place in the lower boiler room under the Fort
Harrison Hotel, among the boilers and hot water pipes which rumbled
and hissed twenty-four tlours a day. The place was only dimly lit.
zt consisted of interconnecting- spaces through which ono had to
crawl on hands and knees at times past or underneath huge pipes and
massive 10 foot high boilers. Zt was a dark, forbidding, somewhat
Beary place. One of my buddios was assigned to the RPP's RPF for
two months for refusing to divulge confidential information for
which she had been bonded in the Guardian's Office. She was kept in
that space excommunicado for the entire time, with limited bathing
and toilet privileges, all the time being threatened and verbally
harassed by RPF superiors. She finally emerged a broken, silent,
sullen person who soon after managed to escape from the RPP and the
Port Harrison Hotel. Her name was Lynn Froyland.
,,-> ill
V'
z have never 888n her since she left.
Amdavlt of Hans Whitfield
Page 7
')
The RPF had been established for the stated purpose of
"rehabilitation and redemption". It was made to appear as a
constructive and positive activity, devised to help the individual
at a time when he was unable to help himself. However, it was
Hubbard's belief and practice that force, duress and punishment
were necessary and vital to cut through human emotion and reaction
so as to rescue the soul or thetan. I believed Hubbard. But I was
experiencing such humiliation, such degradation and worthlessness
in the RPF that Hubbard's theories began to make less sense to me.
I entered into a profound confusion and a deep emotional and mental
instability which continued onward almost continually up to the
time I left.
To compound the situation, Hubbard states categorically that
criticism is a sign that one has committed a harmful or destructive
action on the person or area one is critical of. This belief has
high credence in Scientology and is rigidly adhered to. It is
common for staff and pUblic to receive extensive confessional
auditing and security checking if they are found to have the
slightest criticism of Hubbard. I now know that this practice is a
very effective thoughtstopping technique and that it is solely
aimed at reforming the individual's thought patterns and his
conduct and was never intended for his enlightenment. I had no
knowledge of this at the time I was in the RPF, and had I been told
it at the time, I would have vehemently denied it as would all
Scientologists.
~
Throughout my period in the RPF, I felt more and more degraded and
worthless the more I tried to reconcile the slavery of the RPF and
its blatantly anti-social activities to Scientology being the only
road to total freedom. I laboured hard during many aUditing
sessions to find the harmful actions I had committed to cause me to
become so full of pain and negative emotion.
Toward the ~nd of 1978, I finally escaped. I left the RPF without
approval and flew to New York to friends. But within a week the
senio%' Ethics person at Flag, Tom Provenzano, located me and by
phone threatened me with a Suppressive Person declare and with
being sued, followed and never being left in peace again for the
rest of my life if I did not immediately return to Clearwater. I
broke down completely. I flew back to Clearwater and to the RPF,
but only after Provenzano had promised me I could speak with him
about my assignment to the RPF when I returned. Of course. no such
thing occurred. I had no idea that his .promise. was made solely to
get me back to Clearwater. Once back in the RPF I succumbed. I
returned to working and running and sWBating and pain.
~ .,<~
~
After a year, I finally graduated. I was a subdued quiet, obedient
robot, a far more subservient and compliant one than at any time
previOUSly. The headaches were a continuing part of my day to day
life. By that time the fear I was evil had omewhat subsided but not
left. "Graduation" acted as a momentary panacea. I curried fayour
with my superiors constantly as a way to survive.
Affidavit of Hllna Whitfield
Page 8
~~'oJ."""''I...'.,~~!~l''_':: ,~....~..l..... .
.H .-'f~ ,~.....,,_...
~
-
~----L1 .....
..
r
~
I refused to return to any executive position again and was finally
approved to counselor audit others.
I audited continually and well for several years, and even earned
an "Auditor of the Yearn award in 1980 in Clearwater. The intensity
of the head pains increased at times and diminished at others. I
received auditing from time to time, always on the orders of others
and none of it making any noticeable difference. The suicide
thoughts continued as well. I desperately hunted for a way out of
my situation. I desperately wanted time to sleep, rest, think and,
above all, escape from the madness of the world I was in. I had no
one to go to if I left, no money to go anywher with and nowhere to
go to anyway. My family lived overseas. I had no means to get to
them and they had no means to assist me. If I left I knew I would
be declared a Suppressive Person which would automatically deny me
contact with any of my Scientology friends. I was a resident alien
in America and didn't know how to market myself to get a job. I
felt utterly trapped by the circumstances I was in.
Then an old friend of mine with whom I had had a relationship in
1967, made contact with me in the middle of 1981. After meeting
several times, he proposed marriage and I accepted. From that point
on I made secret plans to leave the Fort Harrison and get back to
a normal life.
,',:;
I finally left at the end of March 1982, after three harrowing
months of security checking, being screamed at, being threatened,
being asked angrily and threateningly over and over again while
hooked up to Scientology's lie detector, whether I was in contact
with the FBI, the CIA, the US Government, the Mafia, the Secret
Sercie, the ANA, the FDA, the AFF, or with hundreds of named
Scientology dissidents. I was accused of being in their pay. I was
threateningly asked whether any of them were paying me. I was
angrily accused of being in phone communication with them. None of
it was true. I painstakingly wrote down every misdeed I could ever
remember committing and worked long hours late in the night, night
after night for a week, lito make up the dreadful damage I had
caused". I started making up, imagining greater and worse misdeeds
in my written admissions to try to reach the nevilll in me again.
Not even that worked.
I left after realizing that enough was enough, and that I would no
longer subject myself to the unbelievable abuses and threats which
had been thrust at me both verbally and in writing all in the name
of IIsaving my soul"; threats that I would be sued, I would be
expelled, I would be declared a Suppressive Person, I would die, I
would be ordered on a Committee of Evidence (a trial), that I had
to work in the main kitchens, that I was being assigned to the RPF
again, that my eternity would be taken away from me, and that I
would never be left in peace again for as long as I lived.
v
I finally walked out of the Fort Harrison Hotel toward the end of
March 1982, the threats of security checkers and ethics superiors
echoing in my footsteps.
Atndavtt or Hana Whltfleld
Page 9
~~~).w.;a;~;'" J ~J.u,,""~'_~'.'~_',___
u '~""'. ~'''''' "~,,,,,'''''''''_A_''----.- .
" '.
rJ
. ... .~
::)
o
. ..., . ~ '. ,(.
..
.... . ~ .... ....'~' <> .' ~ , " ~~, \0...'.
My marriage fell through. My fiance was terribly harassed and
threatened by Scientologists from Clearwater and did not stand up
to their pressure. I left him as cleanly and quickly as I could and
made my way on my own.
I had left staff and employment with Scientology and the Sea
Organization, but I still considered myself a Scientologist and
" therefore followed a Policy of Hubbard's to be accepted back into
Scientology in good standing. The program has five steps, steps A
to E. I did them all extensively, and have copies of them as
bubmitted. By the end of 1983/ I was accepted back into Scientology
in good standing. I thereafter worked for Sterling Management in
1984 for a short period, was horrified to find myself embroiled in
similar situations as that at Flag, and after completing some
assignments, left.
In August 1984 I decided to leave Scientology forever, a decision
I have been extremely and deeply thankful for. It's only been since
late 1984, early 1985, that I started to learn about the dark side
of Scientology and the skillful thought reform and mind control
that it practices on all its adherents.
I have now completed extensive dental work to remedy the years of
sporadic and inadequate dental care allowed in the Sea Organization
and I am under medical care for the headaches.
My life is now worth living once more.
I am one of the lucky ones.
Affidavit or Hana Whttfleld
Page 10
,
o
":J
-
..~
.'
..
.u~c.,. ...,.''"~ _ .,~_. ...+......~..I.'~<..r~.......r""r__~.T.....~.,,~,+ . c' "........ ''''0"' .
((Editors comments in double parenthesis - Homer))
ROBERT VAUGHN YOUNG AFFIDAVIT
Copyright (C) 1994 Robert Vaughn Young
Redistribution rights granted for non commercial purposes.
GRAHAM E. BERRY, State Bar No. ]28503
GORDON J. CALHOUN, State Bar No. 84509
LEWIS, D'AMATO, BRISBOIS and BISGAARD
22] N. Figueroa Street, Suite 1200
Los Angeles, California 90012
Telephone: (213) 250-1800
Attorneys for Defendant
UWE GEERTZ, PH.D.
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CHURCH OF SCIENTOLOGY
INTERNATIONAL, a California
non~profit religious
organization,
Plaintiff,
vs.
STEVEN FISHMAN AND UWE GEERTZ,
Defendants.
Case No. CV 91 6426 HLH (Tx)
DECLARATION OF ROBERT VAUGHN YOUNG IN SUPPORT OF COST BILL FOR DR
GEERTZ'S MOTION FOR AWARD OF COSTS, EXPENSES, ATTORNEY'S FEES AND
SANCTIONS
Date: APRil.. 4, 1994
Time: 10:00 a.m.
Courtroom: 7
e [Filed and served concurrently with Dr Geertz's Bill of Costs.]
1 of ) 6 11/19/97 00;06;44
,~'l.JIo-",~dl..i.'o!-Ll:.\.;.""Q.:_.:~~1.N".""""'-~'. .....
,. ......"'-~...........#~~~-~_... .
"
....-v---
/)
DECLARATION OF ROBERT VAUGHN YOUNG
I, Robert Vaughn Young. declare that I am over 18 years of age and am a resident of Newport
Beach, California.
INTRODUCTION
I have been retained as an expert consultant and expert witness by Dr, Uwe Geertz's counsel in the
case captioned Church of Scientology, International v. Steven Fishman and Uwe Geertz.
*CV~6426-HLH (Tx) currently pending in the United States District Court, Central District of
California. The statements herein are of my own personal knowledge or reasonably based upon
infonnation and belief, and if called upon as a witness, I can testify competently thereto.
This declaration is submitted in support of Defendant Dr. Geertz's motion for costs, fees, expenses
and sanctions following the dismissal of this action with prejudice by the court on February 22, 1994.
(f')
"
My credentials as an expert on Scientology includes over 20 years as a staff member in the
organization, In those 20 years, I have held nearly every type of position at every echelon. I have
worked at the local, the regional, the national and the international levels. I have been a Scientology
representative and spokesman before governmental bodies, the media andthe courts. I have trained
others on how to handle the media and governmental agencies, I have been the most senior public
relations executive for Scientology world wide. I worked for years at the echelon that handles critics,
Itenemies," the media, judges, the courts and the government. I have been privy to documents and
tactics of the most secret nature, including illegalities committed by Scientology executives and the
means of cover-up, I have been called on many occasions to personally handle "hot" situations of the
most sensitive nature ranging from the mysterious death of the son of Scientology Founder Ron
Hubbard ("Hubbard") to the death of Hubbard himself. I have been privy to financial schemes and
scams involving tens of millions of dollars. I also know how Scientology manipulates the law to avoid
any revelation of the truth,
SCIENTOLOGY ADVOCATES USING THE COURTS NOT TO SEEK
JUSTICE BUT TO HARASS AND RUIN PEOPLE
Plaintiff Church of Scientology International's (lteSI") request that this case be dismissed is in keeping
with one of their most senior scriptures," to use to courts to harass and ruin people rather than win. It
has been a primary tactic since Hubbard gave the edict in 1955 when he wrote the purpose of bringing
a lawsuit:
u
"The purpose of the suit is to harass and discourage rather than to win. The law can be used very
easily to harass, and enough harassment on somebody who is simply on the thin edge anyway, well
knowing that he is not authorized, will generally be sufficient to cause his professional decease. If
possible, of course ruin him utterly. it (From Hubbard's 1955 tiThe Scientologist: A Manual of
Dissemination of Material. " Emphasis added. Attached as Exhibit A) The basic reason that
Scientology does not use the courts for justice is because Hubbard believed the Scientology justice
system he invented was vastly superior and that his system should become the planetary standard.
2 of 16
11/1919700:07:07
-
'),
DR. GEERTZ IS THE TARGET OF SCIENTOLOGY'S VOW TO DESTROY
"THE PSYCHS"
The key to understanding the mystery of the current lawsuit and its tortuous route wilt be found in the
above Hubbard directive plus one further element: Defendant Dr. Uwe Geertz is a psychologist.
Scientology has vowed to destroy and take over the field of mental health. Thus Dr. Geertz is the
target of Scientology's equivalent of ItThe Final Solution," where a profession has become a universal
scapegoat.
PSYCHS ARE SCIENTOLOGY'S SCAPEGOATS FOR EVERYTHING
INCLUDING SEX
It is drilled into every Scientologist1s head that all troubles and problems" Hubbard's, Scientology's,
America's, the world, this corner of the galaxy and literally the entire universe - are due to
psychiatrists and psychologists, known collectively as Uthe psychs," In fact, Hubbard said the ONLY
cause of crime is the Itpsychs. It He even goes so far as to say 1tthere are no laws at all which protect
them.1t from being attacked. (See Hubbard's liThe Cause of Crime," Attached as Exhibit B. See also
declaration of Stacy Young also filed this date.)
.:)
The "psychs" are Hubbard's scapegoat for all historical ills going back not merely scores of years but
hundreds, thousands and even millions of years. In Hubbard's paranoid view, everything from rock
and roll to the Third Reich and even sex itself were vile inventions of ' psychs'. (See Itpain and Sex."
Attached as Exhibit C.) As incredible as that may seem, Hubbard actually believed that sex was
literally invented by "psychs" millions of years ago. While he doesn't come out and say it, the
implications are clear: all sex - even the attraction between couples" is bad.
The intensity of Hubbard's anti"sex (and especially anti-female) attitude is not known to many
Scientologists. Starting in 1981, I had full access to Hubbard1s most private papers. diaries and letters.
I continued to have unlimited access to it for years as part of the work to write a biography of
Hubbard and was able to read letters to and from his parents, wivesm mistresses. friends and business
associates. There were hundreds of thousands of pages of material- much of it originals or carbon
copies in his own handwriting - that detailed his views about his life, his wives, his family and sex.
Much of this was written in the 19305 and 1940s but extended into the ] 970s. Some of these papers
were diatribes against females and were covered with red"ink drawings of genitalia around the
margins of the pages. He also graphically described what he wanted to do to women, including
hurting and raping them. Suffice it to say that it was x"rated and sadistic. This was my initiation into
the dark side of Hubbard's views. (These papers were subsequ\1ntly locked away so no Scientologist
will even know they exist, let alone allow anyone to see them.)
Hubbard's anti-female attitude appeared first, in private writings in the 19305 and 19405. His views of
"the psychs" developed after the publication of his first Scientology books in 1950 when he was
courting "the psychs" for approval of his system. When he was rebuked nndcriticized, he became
incensed and began to blame them for his troubles with the press and his customers.
~
Thus Dr. Geertz is viewed as a part of the international (and intergalactic) conspiracy that must be
3 of 16
11119/9700:08:35
~:;.;....t.,"'':Io.~~...\4.0~'_...:.:....:.'~''''''''''
. '~'A~I~ ~.. . .\................ ~ ."'...~,._.
A
,~
.t
'~:>
~v
4 or 16
~
l
annihilated before Hubbard and Scientology can reign on Earth.
CSI'S CASE IS PART OF THE "FAIR GAME DOCTRINE" AND "PSYCHS"
ARE FAIR GAME
CSI has a Fair Game Doctrine where any t1enemy" can be tldestroyed." This doctrine is practiced
against apostates, critics, the press and has even been used against courts. It has been practiced
against Dr. Geertz (starting with this lawsuit that put him into bankruptcy) and his counsel in this case
(ranging from an investigation that this court ordered stopped to vandalism of Mr. Graham Berry's
property.
I will show how the Fair Game Doctrine started, how it has continued to this day and how this court
has been exposed to these end- justifies-the~means methods. I will present this using the writings
(now called "scripturestl) of Hubbard. These are the iron-clad policies of Scientology.
"FAIR GAME": THOSE THAT HAVE NO RIGHTS; THEY AND/OR THEIR
PROPERTY CAN BE DESTROYED
The doctrine afFair Game was codified on March 7, 1965, when Hubbard issued titled tlSuppressive
Acts: Suppression of Scientology and Scientologists: The Fair Game Law" (Attached as Exhibit D)
Hubbard wrote,
By FAIR GAME is meant, without rights for self, possessions or position, and no Scientologist may
be brought before a Committee of Evidence or punished for any action taken against a Suppressive
Person or Group during the period that person or group is 'fair game'. A revision of December 23
1965, changed it to read, "By_ FAIR GAME is meant, may not be further protected by the codes and
disciplines of Scientology or the rights of a Scientologist." As to what was a "suppressive person,"
Hubbard gave the definition:
A SUPPRESSIVE PERSON or GROUP is one that actively seeks to suppress or damage
Scientology or a Scientologist by Suppressive Acts.
SUPPRESSIVE ACTS are acts calculated to impede or destroy Scientology or a Scientologist and
which are listed at length in this policy letter. (Caps in original). Some of the suppressive acts listed
included "public disavowal of Scientology~ public statements against Scientology;" asking for a refund
offees paid; and "writing anti~Scientology letters to the press." Even turning a Scientologist into the
proper authorities can gain one the label of a suppressive. The issue also prohibits II} st degree murder,
arson, disintegration of persons or belongings not guilty of suppressive acts. II (Emphasis added.) In
other words, kiUing suppressive persons or destroying their property promotes Scientology and is
therefore ethical within the Scientology belief system,
WHY SCIENTOLOGISTS CANNOT GIVE UNBIASED TESTIMONY
The material just quoted also shows why Scientologists cannot give unbiased testimony. If the
testimony is viewed as critical of Scientology or a Scientology executive, it would be a Hpublic
disavowaltt and a IIpublic statement against Scientology II and would be a suppressive act. The person
11/19J97 <10: 10: 13
".~It~..:...,.......l~..-i.M_..> " ~>.....
.. '_..' ....t "',,",.~
''1
could then be kicked out of Scientology and be made Fair Game and sued. Since Scicntologists don't
want this to happen to them. they will not make any critical remarks or remarks that may be deemed
critical. This is why Scientology officials have insisted that only active Scientologists can be experts" -
because they will be biased to Scientology rather than responding fully and honestly to the Court.
AN EXAMPLE OF HUBBARD IMPLEMENTING FAIR GAME
<)
Scientologists like to find instances where Hubbard applied a doctrine so they can imitate it. Hubbard
gave an example of how Fair Game should be applied shortly after he created the doctrine. Hubbard
gave specific orders on how to apply the Fair Game doctrine in HCO Executive letter 27 September
1965 or. "Amprinistics" (attached as Exhibit E) This was what he called a "splinter" group. a group
that was using Scientology "technicalll methods without his control. Hubbard's three.page issue blasts
the Amprinistics leaders with a variety of sexual charges (one of his favorite topics for accusations)
and says what should be done: "They are each fair game. can be sued or harassed. Homercan be
barred out of any Commonwealth Country or England as he was the subject of a deportation order
from England and his file has come alive again in the Home Secretary's Office. Harry Thompson's
wives and victims are always looking for him to have him arrested. Watson is a setMup for arrest as a
homosexual. Any meeting held by them should be tom up. The names of any persons attending should
be collected and they should be labeled SP [suppressive person] as they have left Scientology. These
people are SP because they are seeking to avoid auditing and retain their withholds. Once labeled,
these persons will not then be covered by amnesty and will never be admitted to further training and
processing. Persons messing themselves up with Amprinistic [techniques] should be refused any
assistance. If these persons move into your area act through any agency you can to have them
deported or arrested on whatever grounds. England is currently too hot for them so they may tour
about. Homer's UK deportation order, Thompson's police record and Watson's homosexuality make
them very vulnerable to deportation or arrest. Hubbard does not stop there. He goes on to issue a
five-step order that includes:
11(2) Harass these persom; in any possible way....
"(4) Tear up any meeting held and get the names of those attending and issue SP orders on them and
you'll have lost a lot of rats.
This order has never been canceled and is stillllscripture" as an example how to attack "enemies." In
fact, as an example of how Fair Game was being implemented against another defendant. attached as
Exhibit F is a declaration from former member David Mayo who describes how he was held captive
for six months and was told he would t1never leave the property alive. II (See pages 4~8) He describes
the duress and threats as he became the target of the Fair Game Doctrine (or "Fair Game Law,")
HOW SCIENTOLOGY USES INVESTIGATION AND THE MEDIA TO
ATTACK AND HARASS CRITICS
~
In 1966, Hubbard began to codifY those sections of Scientology that would implement Fair Game.
For example, on February 17, 1966, he created the Public Investigation Section with a policy letter of
that name and date. (Attached as Exhibit G) He said it would serve lithe useful functions of an
intelligence and propaganda agency. It finds the data and sees that it gets action. II The statistic of the
5 of 16
11119/9700:11:46
I
r
--...
I'~
unit included lithe number of derogatory news stories appearing that week related to enemies of
Scientology."
Hubbard also urged the priority of finding evidence of "murder, assault, destruction, violence, sex and
dishonesty, in that order. Investigations which can uncover these factors in the activities of individuals
or a group attacking Scientology are valuable in the degree that they contain a number of these
factors. It And note that Hubbard's use of such evidence is not for law enforcement but to the media,
uIn that way,1I he wrote, "we then Get rid of suppressive groups by investigation and disclosure,"
(Emphasis added.)
The next day, on February 18, 1966, Hubbard wrote" Attacks on Scientology" (Attached as Exhibit
H) in which he again urged the use of investigations. Suppressives, he said, have by definition
comitted criminal' acts. "These people who attack have secrets. And hidden crimes. They are afraid."
He thus urged they be investigated as this, he said, would cause the attacker to withdraw.
A week later, on February 25, 1966, he wrote another "Attacks on Scientologyll policy letter
(Attached as Exhibit I) in which he urged, to "Start feeding lurid, blood sex crime actual evidence on
the attackers to the press.
See also Hubbard's "How To Do a Noisy Investigation" of 5 September 1966 (Attached as Exhibit J).
The target is tlattackers of Scientology".
'~)
-.,
FAIR GAME DOCTRINE SPECIFICALLY INCLUDES THE FILING OF
LAW SUITS
On October 18, 1967, he issued "Penalties for Lower Conditions" (Attached as Exhibit K) whereby
Fair Game was automatically issued on anyone (including staff members) who was an "enemy," Such
people were, he said, "Fair game. They may be deprived of property or injured by any MEANS by
any Scientologist without any discipline of the Scientologist. May be tricked, sued or lied to or
destroyed. II (Emphasis added,)
CANCELLATION OF FAIR GAME ONLY MEANT NOT USING THE
WORDS ANY MORE BECAUSE IT CAUSED "BAD PUBLIC RELATIONS"
In the late 1960s, Hubbard was having growing public relations problems. One problem was Fair
Game. To deal with it, Hubbard wrote an issue that is often cited by CSI as evidence that Fair Game
was canceled. But a careful reading will show that nothing has changed but semantics. The issue is
"Cancellation of Fair Gameu dated 21 October 1968. (Attached as Exhibit L) The entire text of the
policy letter (PIL) is as follows:
UThe practice of declaring people FAIR GAME will cease, FAIR GAME may not appear on any
Ethics Order. It causes bad Public relations. [Emphasis added.] This PIL [policy letter] does not
cancel any policy on the treatment or handling of an SP. [suppressive person] L. Ron Hubbard
Founder
\J THUS THE SO-CALLED "CANCELLATIONu OF FAIR GAME DID NOT CANCEL THE USE
60f16 11/19/9700:13:21
-I
~
I
OF FAIR GAME TACTICS.
The original directive that CSI uses to say the Fair Game Doctrine was canceled expressly establishes
that the only change was to stop using the words 11 Fair Game.". Hubbard was quite clear that tactics
were not to change. only the use of the words in public. As further evidence of Fair Game continuing,
Hubbard later wrote"Confidential: Targets, Defensen on February 16, 1969, (Attached as Exhibit M)
in which he listed "vital targets on which we must invest most of our time..." The first and most
important: "T 1. Depopularizing the enemy to a point of total obliteration."
MILITARY TACTICS ARE TO BE USED IN FAIR GAME
On the same day, February 16, 1969, he wrote "Confidential: Battle Tactics" (Attached as Exhibit N)
where he urged the use of military tactics and strategy in dealing with the "enemy." He wrote,
"A good general expends the maximum of enemy troops and the minimum of his own. He makes the
war costly to the enemy, not to himself. One cuts off enemy communications, funds, connections. He
deprives the enemy of political advantages, connections and power. He takes over enemy territory.
He raids and harasses. All on a thought plane--press, public opinion, governments, etc. (Emphasis
added.)
FAIR GAME TACTICS EXPLAIN THIS LAWSUIT
:~:>
When the Fair Game Doctrine and Scientology's "Final Solution" attitude towards upsychs"
(psychologists and psychiatrists) are understood, this lawsuit can be understood. It will also be seen
that what was at issue was not the deposition of the "celebrities" but those of the executives who
were in non-compliance with this Court's Order. The reason was simple: they are the ones who
directed this entire campaign.
HOW SCIENTOLOGY ATTORNEYS ARE USED TO CLAIM "ATTORNEY
WORK PRODUCT"
Surveillance is one of the standard tactics used by Scientology and CSI. It is often done by stafffrom
the Office of Special Affairs (naSA"). Tougher or more important assignments are given to private
investigators who are paid by attorneys so the investigation can be called "attorney work product."
This practice was because the 1977 FBI raid shattered Scientology's intelligence network.
\uJ
The court should note that it has been told that such practices were done by a previous Scientology
administration that has been eradicated. This is not true. I am attaching the billings of a private
investigator who was doing surveillance on author Ornar Garrison and apostate Gerry Annstrong in
1982. (Attached as Exhibit 0) These were billed to attorney John Peterson. (lIPetersonll) However
this investigation was being directed by David Miscavige eMiscavigeU) who at the time (mid-1982)
was my senior in an organization called Author Services, Inc. C' ASI") ASI was a for-profit group that
was purportedly a literary agency handling Hubbard's books. We did handle Hubbard's works but our
real function was to serve as Hubbard's personal arm into the non-profit Church of Scientology. This
investigation by Tin Goose of Omar Garrison and Gerry Armstrong was paid for by Church of
Scientology funds on Miscavige's orders while Tin Goose reported directly to Miscavige. Peterson
7 of 16
11/19/9700; 14:511
LoW'. 1:1, ~ I ., oJ .... .
.. . . ........~.~ ....~..~'""!'_~J....--:...
':If ..
"
-
"
,~
f
was merely the "cutout, II to make it appear that it was attorney work product and to keep it away
from ASI.
HOW MISCA VIGE USED A "DOUBLE-BLIND" TO GO AFTER AN
ATTORNEY
In 1982 a "double-blindll system was initiated by Miscavige when he was directing the campaign
against Boston attorney Michael Flynn. ("Flynn") Flynn had been representing plaintiffs in suit against
Scientology and Hubbard, and Miscavige was demanding that Flynn be destroyed. (This is the Fair
Game Doctrine although the words were never used, per Hubbard's orders.) Peterson was told to hire
another attorney who had no connection or any knowledge of Scientology. That fresh attorney was to
hire the private investigators to undertake certain harassing actions on Flynn, Thepurpose of the
double-blind was if the investigator was caught and traced to an attorney, it would not be one hired
by a Scientology group and any illegalities could be protected twice as attorney work product.
With the formation of the firm of Bowles and Moxon (attorneys for plaintiff in this case),
investigations were moved to them rather than attorneys like Peterson because Bowles & Moxon are
Scientologists and can be manipulated and threatened. Peterson was not a Scientologist and could not
be so controlled.
EXPERTS AND COUNSEL ON THIS CASE WERE KEPT UNDER
SURVEILLANCE
"J The court was advised of the investigation of counsel Graham Beny and ordered that it be stopped.
(It was not because CSI cannot stop. Such investigations are required by Hubbard's "scriptures. ") A
similar investigation and sUlveillance was done of other experts on this case including myself and my
wife. This went on for months. We have been tailed on the freeways, in shopping malls and even
while a hundred miles from home on a day off (In one instance, a tail I accosted confessed that he
was tailing me and that he was Scientology staff) Our trash has also been pilfered and former
employers and associates interviewed. All of this is in keeping with the Fair Game Doctrine, hoping
that they will find something to intimidate the person with, (If that doesn't happen, then something is
concocted. They are now doing that with me, asserting that I assaulted a Scientologist in the city of
Hem~t. Their insistence that I be charged is being led - appropriately enough - by one of their key
public relations people, Ken Hoden, who gets his orders from David Miscavige (IIMiscavige") who is
the head of the Scientology empire. At this writing, nothing has come of their baseless allegations.)
EXAMPLE OF TARGETING A PERSO,N IN LITIGATION WITH
SCIENTOLOGY
I~
Attached as Exhibit P is a Scientology program ("Julie's Backgroundtl) designed to deal with a court
problem in 1979. Julie Christofferson. She had sued the church and this program was written to
document that the people involved in the Christofferson case are criminals with criminal backgrounds
and criminal records and that they engage in a criminal conspiracy to defraud the organization under
the guise of lIhome and mother." Julie appears to be pure as the driven snow, so considerable
background data [Scientology's euphemism tor covertly obtained data] on her is needed to give
usdirection in locating the real facts of interest about her.
8of16
11/11)/9700: 16:58
~.f';".~],~...,..l~1J.1''''*-~'':' .....
,
--.....
"
) Those "real facts of interest" are stated in the next paragraph as to what Scientology wants on the
plaintiff. The criminal background, drug history, record of arrests, fonner employment, perversions of
Julie, fully known and documented, as needed.
The program then goes on for pages to tell how to do this. There is nothing to indicate there is
anything to find, merely the Hubbard-driven assumption that anyone who sues Scientology or attacks
Scientology must by definition be a criminal. The program was written on Hubbard's direction.
CSI'S REFUSAL TO COMPLY IS BECAUSE OF CSI'S COMPLETE
DISDAIN FOR ANY SYSTEM OTHER THAN HUBBARD'S
CSI's general non-compliance with the orders of this Court was because of the disdain that Hubbard
and the current leadership have for this and any court as well as the law. Time and again Hubbard
wrote how his system of "justice" was superior to any system. Additionally Hubbard and Scientology
were constantly being challenged by the courts, In Hubbard's view, neither he nor Scientology should
have to answer to anyone.
ACCORDING TO THE SCIENTOLOGY BELIEF SYSTEM. THE COURTS
ARE PART OF A CRIMINAL PLAN DIRECTED BY "THE PSYCHS"
,:)
Another reason Hubbard and Scientology hold the courts in such disdain is Hubbardts view that the
purpose of the justice system is to support psychologists and psychiatrists. This is done by "psychs"
creating criminals who keep the courts alive who feed them back as a self- perpetuating system,
funded entirely by the government. Hubbard wants to have the criminals fed to Scientology and to
replace the legal system of justice with Hubbard's system, thus collecting the money that he felt is
going to the psychiatrists and psychologists. (See attached as Exhibit Q "The Criminal Mind and The
Psychs," attached as Exhibit R "The Cause of Crime," attached as Exhibit S "Criminals and
Psychiatry, tl and attached as Exhibit C "Pain and Sex. II)
THE ORDERED DEPOSITIONS SHOULD HAVE PROCEEDED
The Court ordered David Miscavige, Nonnan Starkey, Mark Yager, Ray Mitoff, Lyman Spurlock,
Marty Rathbun, Greg Wilhere and Jonathan Epstein to deposition. Most have, in turn, filed
declarations to explain why they know nothing that is gennane to this case. To the contrary, these are
the executives who know more about this case than any other people.
Despite Miscavige's protests, he runs all ofScientolo!,'Y, regardless of corporate lines. In Scientology,
there is only Scientology. Corporate lines are set up as ways to deflect the courts, the IRS and the
authorities. When it comes to everyday work, Miscavige is appraised of every part of Scientology,
from the church to the secular. He also issues orders to all sectors and approves all major
transactions. His role is as the head of Scientology is well known within Scientolo!,'Y. It is only when
it comes to matters such as this suit that he and his lieutenants must suddenly conjure up the
corporate lines and claim ignorance.
" MISCA VIGE KNEW OF FISHMAN AND CROSSED CORPORATE LINES
9ofJ6 11I19/9700:18:29
r
/""""\
f
TO DEAL WITH FISHMAN'S MONEY
Additionally, Miscavige knows about Defendant Steve Fishman ("Fishmanlt) and the amounts of
money that Fishman contributed to Scientology. Miscavige had people removed from their positions
because ofthe Fishman's money and now Miscavige claims he knows nothing. But Miscavige knew of
the massive amounts of money the Fishman had contributed. Miscavige gave a briefing at Golden Era
Studios near Hemet, California, in 1987 to hundreds of staff (that included stafffrom non-CSI
corporations) about Fishman's contribution of about $80,000 for a library of II leather-bound It tapes. In
that briefing, Miscavige screamed and cursed at the head of Golden Era Studios (Wendall Reynolds)
because there were no such tapes to be sold. Miscavige (who is Chairman of the Board of the
Religious Technology Center, a non-CSI entity) removed Reynolds from his position on the spot and
assigned Reynolds to the gulag known as the Rehabilitation Project Force where he worked at hard
labor for over two years. (I was sentenced to the same gulag for 14 months. Reynolds was there when
I arrived.) Thus Miscavige not only knows of Fish man but has admitted it to hundreds of others. His
claim he knows nothing is false testimony, as many can testifY.
The others (Starkey, Yager, Mitoffet al) are Miscavige's immediate lieutenants who carry out his
orders into their various sectors. They too know about the lack of corporate integrity and any role
that Fishman played in Scientology. They also know about the various Hubbard directives I have
quoted fTom.
.~
FISHMAN WAS BEING URGED TO INVEST IN "SPECIAL PROPERTIES,"
WHICH IS NOTHING BUT A FINANCIAL SCAM
The idea of "leather-bound tapes" is part of a line of "special properties II that was created by
Miscavige in 1982 when he was Chairman of the Board at Author Services, Inc. ("ASI") I joined ASI
in February, 1982, and left it in 1989. One of ASl's functions was to make millions of dollars for
Hubbard. One way was by investments of Hubbard IS fortune, which Miscavige directed, even though
Miscavige had no investment background, Miscavige poured millions of dollars into oil speculation
and lost it without telling Hubbard. (At one point the estimate was that Miscavige had lost about $50
million of Hubbard's.) "Special Properties" was Miscavige's idea on how to recoup the millions before
Hubbard (and the IRS) found out. The idea was to create "leather-bound special editions" and other
items that could be sold at outrageous prices as an lIinvestment". Those who bought books at
thousands or even tens of thousands of dollars were then told a few months later how their
"investment" had increased. Meanwhile, on the open market, the books were worth perhaps a
hundred dollars, which was why Miscavige prohibited the open sale of these "Special Properties."
(ASI now denies that there ever was a line of properties for investment.") This was how Fishman
came to spend an astounding $80,000 for a set of Illeather-boundll tapes, which didn't even exist, and
why Miscavige knew.
CSI HAS MISREPRESENTED ITS ROLE IN RELATION TO THE
"CELEBRITIES"
u
CSl's claim that it didn't want to put its Itcelebrities" through a hardship is patently ridiculous. In my
20+ years in Scientology (which inc{uded working with many of them), I never once heard anything
like this. To the contrary, it was just the reverse: IIcelebritiesU would complain how they were being
10 af16
11/1919700:20:09
Bi\:._~
-
~
..."",
, .
I
used, how they were being ordered to promote Scientology and being made to make media
appearances when there was a legal problem or a problem in the media. The fact that these
"celebrities" did not appear for their ordered depositions shows the control that CSI has over them.
Now CSI turns it upside down again, claiming their welfare is why they want to drop a three-year old
suit that has cost millions of dollars.
THE DEPOSITIONS OF THE "CELEBRITIES" DID NOT INVOLVE
CONFIDENTIAL MATERIAL
CSI has made it a point that several "celebrities" will be exposed to IIconfidential" material ifforced
into deposition. I know what material CSI was referring to and those materials had nothing to do with
the ordered depositions. The "confidential" material is what is called "upper level" material in
Scientology. This material is reselVed for certain steps in Scientology "counseling," and had nothing
to do with the ordered depositions of "celebrities, II none of whom are even familiar with them.
,:)
At no time has attorneys for Dr. Geertz asked me for any assistance in handling this material, as to
what it might mean, how they might ask questions about it, how they might use it or how the material
might be presented to a person in any deposition, let alone indicate in any way that they intend to use
those materials with those "celebrities. II Nor are attorneys for Dr. Geertz capable of doing this
without expert help for the material in question is highly arcane, complex and bizarre and will make
absolutely no sense to anyone outside of Scientology. Thus the idea that attorneys for Defendants will
somehow expose these "celebrities" to this "upper level" material is merely a sham and an excuse.
What was feared was that the other depositions would occur, namely that of Miscavige, Starkey,
Yager, etc.
CSI's attempt to use their own refusal to comply with the court as the reason for dismissal is a
classical Scientology through-the-Iooking-glass strategy.
DENIAL OF LEGAL LIABILITY WAS A TACTIC TAKEN ORIGINAL
WITH HUBBARD
It was a long a well-known fact to Scientology executives that Hubbard ran Scientology, even though
he had made public claims he was not. That was why there were programs to make it appear that
Hubbard had no legal connection to the church. That tactic is what is now being used for Miscavige
who has taken over Hubbard's position at the top of Scientology, even though Miscavige runs it just
as Hubbard did. (See Exhibit T for UOperation Bulldozer Leak", a program designed to create that
impression. )
CSI HAS NOT REFUTED YOUNG'S STANDING AS AN EXPERT
":';,,~
W
In the declarations filed to claim discovery is complete, CSI has tried to refute my standing as an
expert, even going to far as to twist the facts. For example, Miscavige tries to refute my claim that I
arrived on the scene of Hubbard IS before the authorities by saying that I arrived with some gardeners
and cooks. This is not only not true but ridiculous since I arrived in the same entourage as Miscavige
himselt: two private investigators and attorney Earl Cooley who handled the disposition of Hubbard's
body. Miscavige knows that I was a top Hubbard aide who was privy to considerable material and so
lIof16
11/1919700:21:42
r-
v-.----.~ y
~
i~
I
do many others. He (Miscavige) can no more tell the truth about my role than he can about his, that
he runs all of Scientology. I stand by my declarations and the documents supplied with them and am
confident that the Court can winnow the wheat from the chaff.
HUBBARD'S DEATH CREATED A POWER STRUGGLE THAT
MISCA VIGE WON
Hubbard died in hiding in January, 1986. He had been in hiding for several years. Even though we
were in weekly written communication with him at Author Services, Inc" it was our task to pretend
we were not, to keep the authorities from knowing how to reach him. During this time, Hubbard's
closest confidant was Pat Broeker who was living with him as his aide. When Hubbard died, a power
struggle erupted between Broeker and Miscavige as to who would run Scientology. Miscavige won.
Those on Broeker's side were purged. That included me. I was sent to a desert gulag for 14 months.
Broeker's wife Annie gave in and arrived while I was there. She later escaped once and was captured
and returned and kept under 24- hour guard. Pat disappeared and no one has heard of him since. It is
not known if he is alive.
HUBBARD'S AND OTHER MYSTERIOUS DEATHS IN SCIENTOLOGY
,,:)
When it comes to the issue of deaths in Scientology, there are some important ones to use as a
measure, starting with that of its founder, Hubbard. who died in January. 1986. I arrived at his secret
ranch near San Luis Obispo, California, within hours of his death, well before the authorities. I went
with Miscavige. attorney Earl Cooley. two private investigators and a few other key, selected staff. It
was our collective task to take command of the situation. The greatest fear was that there would be a
panic in the Church of Scientology if the circumstances of Hubbard's death were known. For example,
while Hubbard's condition deteriorated in the final weeks, his personal physician (Dr. Gene Denk)
was sent to Reno to gamble, leaving Hubbard with no medical attention. Or that Hubbard's primary
source of Scientology help was a person who had taken LSD over 1000 times. Or that the story that
Hubbard decided to 'lleave the body" (Scientology's way of saying "died") was dreamt up at the next
morning to calm Scientologists. Or that the body was quickly disposed of to avoid any autopsy that
would reveal "medicines" that he had been taking. Thus the actual truth ofHubbardts death has yet to
be told.
Hubbard's son Quentin also died under mysterious circumstances in 1976. He had disappeared from
his home in Clearwater, Florida, and was found unconscious in a car next to the Las Vegas airport.
(Coroner's report is attached as Exhibit U. He died unidentified. as a "John Doe. ") The engine of the
car was on and a hose ran from the exhaust pipe (although it appeared to have fallen off when the
authorities arrived) to the window, making it appear to be a suicide. But, like his father's death. there
were a number of nagging questions. For example, Quentin was found unkempt with a beard stubble,
a state that no one who knew Quentin could accept. (He was ultra-meticulous in his appearance.) Or
that the license plate ofthe car was missing and found under a rock some distance away. Or that his
wallet was gone. making identification impossible. Or that a near-empty bottle of liquor was found. as
ifhe had been drinking. when Quentin did not. Or that there were needle marks on his anns, when he
did not use drugs.
o Another mysterious but key death was that ofFlo Barnett, Miscavige's mother-in-law. She dicd in
120f!6 ltI 1 9197 00:23:17
~hfof,c"l-T"""""""'... ... . ~ ...,.... .
,
r
!)
/:)
~
13 of 16
1985 of three shots to the chest and one to the temple from a semi-automatic rifle. Two suicide notes
were found. Although she was only 5'3tl tall (and weighed only 114 pounds), the examiner determined
she shot herself three times in the chest (with a rifle) before shooting herself through the head. (See
coroner's report attached as Exhibit Y.) What the authorities didn't know was that she had left
Scientology and was associating with apostates, to the anger of her son-in-law Miscavige.
Defendant Uwe Gcertz was prepared to present information about other mysterious deaths, murders
and suicides of Scientologists and former Scientologists,
CSI DID NOT COMPLY WITH DISCOVERY
One unfamiliar with Scientology systems might think there would be no other information to be
provided but as a 20-year veteran and one intimately familiar with the unchanging system, I can attest
there is considerable information that was not provided although requested by Dr. Geertz.
CSI has repeatedly protested how many documents and people it made available to Dr. Geertz. Being
intimately familiar with Scientology files and data-gathering procedures, I can say that CSI has not
turned over large volumes of requested material and personnel to Dr. Geertz that are germane to this
case. For example, there are extensive files (including computerized) that would enable a person to
determine the effect of adverse press. These are kept and maintained on weekly basis. I personally
know ofthem for I have worked with and have seen these files. They have been kept by Scientology
for decades. These were not provided to Dr. Geertz. Nor were other material that would have been
collected on Dr. Geertz. such as reports from private investigators, credit checks, all standard actions
in Scientology proceedings. Nor has CSI supplied material regarding their investigation of Fish man's
role in Scientology even though CSl's corporate secretary Lynn Farny said he had seen and reviewed
such material.
Nor has CSI supplied those personnel that would know most about the truth or falsity of the facts in
question in the Time magazine article. Those people are Miscavige. Yager, WiIlhere and Mitoff,
Epstein, Spurlock and Starkey would know about Fishman's financial roles and Scientology financial
scams. )
IT IS ROUTINE TO ALTER SCIENTOLOGY RECORDS AND FILES TO
AVOID THE AUTHORITIES
As early as 1971, I was introduced to the practice of altering Scientology records and files to thwart
the authorities. This occurred when I worked as the Temporary Assistant Guardian in San Francisco.
Under me was the Intelligence Bureau which was where Scientology was running its spies and agents.
One day I received an order from the Guardian's Office United States (in Los Angeles) and was told
to do a "clean-up" on any reference to Marsha Williams because she was going to become staff of the
Intelligence Bureau in Los Angeles and possibly become an agent. What a "clean-up" meant was that
I was to find and remove any reference to her anywhere in the San Francisco organization, where she
had served, so there would be no record of her in the organization. This was to thwart any
investigation of her or any trace on her by any authorities. I removed her name from various records
and files and sent the material to Los Angeles. I later saw her in Los Angeles, as Intelligence staff,
when I joined the US Guardian's Office.
11/19(10)700:25:06
...... -,. . I . . ...... ., i . d'__ ~..
:-........'"~".t.....).l.1-~,~. .....,.......
-
/1 After the Federal Bureau of Investigation ("FBI") raided three Church of Scientology locations in
1977 to obtain documentation regarding violations of the law, I worked with scores of other people
to quickly destroy any further evidence to keep it from falling into the hands of the authorities. We
were all verbally briefed how we had to go through files and look for (1) any documents showing
illegal activity and (2) any documents to show that Hubbard was running Scientology (which he was
but we were trying to tell the authorities that he wasn't) and to destroy these documents. In this
campaign, the amount of documents that were destroyed were in cardboard boxes stacked down
halls. I do not know the page count but the stack was about four feet wide, four feet high and about
60 feet long. And this was from the location with the least amount of files. And there was no doubt
that we were doing this to destroy incriminating evidence. In fact, several of us questioned this and
were told to shut up and keep shredding paper.
Circa 1983 when I worked at Hubbardts "literary agencyll Author Services, Inc., we were told there
was a threat of an IRS raid on us and we had to move documents. These went to another floor in the
building where we kept watch on them. There were about 50 bankers boxes of files that we were
keeping hidden from the authorities who were also serving subpoenas to get records, Our task was to
keep these other records secret. The files were kept on that other floor for a couple of months.
This last instance is cited in particular to anticipate the reply of CSI that the earlier examples were
from an earlier regime that has been overthrown. This is not true. In fact, the 1983 instance at ASI
was conducted by Miscavige who currently runs all of Scientology.
'<:)
Thus the cleaning up of files to remove embarrassing or incriminating material was routine and the
non-appearance of Fishman's name in certain groups is not indicative that he was not there.
CONTRARY TO THEIR DECLARATIONS, CSI IS STILL USING THE
ORIGINAL GUARDIAN OFFICE STAFF
On a number of occasions, CSI has tried to disassociate itself from the Guardian's Office that was
raided by the FBI in 1977 and the Guardian Office staff that went to jail, including Hubbard's wife,
Mary Sue. It has been CSI's contention that those associated with the crimes were purged. This is not
true.
The precise target of the FBI raid was the Snow White Program in the Intelligence Bureau of the
Guardian's Office. In 1989 the Snow White Program was still active and one of its key staffwas
Grace Marie Haddy. (See "Non-Existence Formulatt dated 12/16/89 from Show White Pgms Chief
OSA US attached as Exhibit W) Grace Marie Haddy was a key executive of the intelligence bureau
and was privy to aU communications detailing the iHegaJjties that subsequently sent the 11 executives
to jail.
'~
Handling CSI's case before this court is Kendrick Moxon C'Moxontt) who was named as an
unindicted co~conspirator when Mary Sue and the others were indicted. Moxon was head of the
Guardian Office Legal Bureau in Washington, D.C. (See the "Stipulation of Evidencett attached to the
declaration of Vicki Aznaran, also filed 3/9/94 which includes a description of Moxon's role in
obstructing the investigation of the Department of Justice.)
14 of16
11/19/9700:26:3S
"} THIS CASE DOES NOT CONCERN PLAINTIFF CSI
:)
u
15 of 16
With over 20 years as a staff member in various Scientology entities, both inside the Church of
Scientology and in secular Scientology groups, I can say with confidence that after reading the article
in Time magazine and the section for which Fishman and Dr. Geertz are being sued, I did not think of
CSI. Although I was well aware that CSI existed, it would have been one of the last entities that
would have come to mind. The article and the sections in question are about Scientology as a subject
and practice, including the secular side of Scientology. (The secular side of Scientology is a
multi-million doltar activity that has been kept hidden from the court. This side promotes that
Hubbard's writings - the same ones used in this case as scriptures" are non-religious and "secular" and
can be used in commercial enterprises to help the business or a client. This is the J ekyll & Hyde
syndrome of Scientology, how they pretend to be a religion or a business, according to the potential
customer or situation.)
CSI'S CASE DOES NOT HAVE MERIT FOR SEVERAL COGENT REASONS
Besides the fact that the Time article is not about CSI, there are additional reasons why CSl's case has
no merit. Some of these have already been covered. (1) CSI refused to comply with discovery. (2)
CSI never intended to complete discovery because the suit was brought solely for malicious reasons
(to punish a member ofa group Scientology has promised to destroy, according to the Fair Game
Doctrine.) (3) CSI is not the true plaintiff. Being familiar with the ecclesiastical and corporate
structures of Scientology, I know by reading the passages at issue that Dr. Geertz was not speaking
of Plaintiff Church of Scientology International ("eSI"). However that is one of the roles that CSI
has, to intervene, becaure it has the manpower to wage lawsuits and to carry out the Fair Game
Doctrine via the Office of Special Affairs. (4) There is a likelihood that what Dr. Geertz said is true,
that Fishman was told to "end cycle" and to kill Dr. Geertz. CSI's refusa[ to provide infonnation and
deponents has prevented an adequate defense. But based on my 20 years in Scientology and seeing
the level of criminality that was able to penneate the organization w always kept from the view of all
but a select few - I cannot discount his allegations. (5) Even if Defendants statements are false, CSI
was not hurt. By their own admission. CSI has no members that can be wronged. Additionally by
Scientology's own writings, no press ever hurts them, especially anything in Time magazine. To the
contrary, they have claimed that they grow in the face of such adverse publicity. Thus CSt must either
admit that they were not harmed or admit that their Hubbard's claims of Scientology's infallibility are
false.
The simple truth of this case boils down to this: the suit was brought under the "anti~psychtl Fair
Came doctrine by an entity without members and without standing (CSI) because it has an
anti-"psychU arm whose function is to take over the field of mental health and destroy Hubbard's
enemies. I know because I worked at that echelon for nearly 20 years and know it and the tactics
intimately.
I declare under penalty ofpeljury under the laws of the United States of America and the State of
California that the foregoing is true and correct.
Executed in Los Angeles, California, this 9th day of March, 1994.
11119/9700:28:10
,',
i'
"
I'
',I
I > ~ ;
I,
,,",
, '
" ......>~\~ ?...-:,., .~~~:...,f':'-:.~U:"" .I.j.:~",-~~."..,.i'" .l;.......r..;.'t~~... ~~~.. ~..~'::'1i~,.,.(~.._.,;. ,1.,.,1- ""'4 ,......
,
I,
tJ
"I' ~'1t
Robert Vaughn Young
'I
"
"
'0
,I
'I,
"
o
, . ~ .
.;l
" ';16ofI6
11/19/9700:29:47
~M""'-lIi"'.""'f"I':h"'..wtI';""""''l.'~.~"!!!.!:.~~~~~~~''.'
.~~. '~.-.."'--'l-,~-_."".,.
-
r",:,
-..
I'
~I~j{!;r':~!~:;:;i:,:(::\d'::;:' ::}:','i;~~~!;vr; F;t".. .; ,';"."'f.i ......,. t.:;.: ..
I :~.,
Item #8
':\".I
,
"
.>
::~~:
.) ~3Y
:. .
~ ., .
" .
,
'\..',"/
~'. i.
':' .
, . ~
":"... .
:~ 'j', :.' '. .
:~.-.~;?\ ",'.
.i(~:':'1 ..~
:,~i:W,~ ,",
;)~~
.{:>'..
l'....w.-. I..:. oJ.'!:'lilf1J:l
", ..---_\U...'..IL.:..
r-
-
"
CP1-
Clearwater City Commission
Agenda Cover Memorandum
S Item #:
MeetIng Date:
11/20197
SUBJECT:
· Petition for Annexation and Zoning Atlas Amendment for 2131 Northeast Coachman Road;
Owners: Frederick E & Camille H. Hosley, Harvey L.& Dana B. Kerstein ( A97-12)
RECOMMENDA TI ON/MOTION:
· Approve the Petition for Annexation and Zoning Atlas Amendment to General Commercial
(CG) for part of Lot 2, Mosel! Acres Subdivision and pass Ordinances No. 6210-97 and
621 3-97 on first reading.
o and that the appropriate officials be authorized to execute same.
SUMMARY:
PROPOSED ANNEXATION AND ZONING ATLAS AMENDMENT
':PRbPOSED:ZONING'DISRTRICT': .. , .. , , .. :;GeneialCcinirilerciaF(CGj:', :: ' , , , ' , ..
, , " " ' , ..
.. .. -. ~ . ..
PROPOSED FUTURE LAND USE PLAN Same as current classification (General
CLASSIFICATION Commercial)
EXISTING AND PROPOSED USE OF THE SUBJECT PROPERTY
EXISTING USE
P!tOPQSJ:;O:,USE<:,<
Rev1ewed by:
, Legal
Budget
Purchaelng
Risk Mgmt.
IS
ACM
NfA
N/A
NIA
NIA
N/A
N/A
Originating Department:
CENTRAL PERMITT~ L
User Department: ?../
Costs:
Commission Action:
o Approved
Total 0 Approlled w/Condltlons
o Denied
Current Fhlcal Year 0 Ccmtlnued to:
Englneerll1D
Date: 11/8/97
Funding Source:
[) Capllt"
Improvement:
Cl
o p.,atlng:
Cl
Oth.,:
Attachments:
Other
Advortlnd:
Papor: TAMPA TRIBUNE
o Not Requited
Affected Parties:
Appropriation Code
ORDINANCES NO. 6210-97
& 6213-97
APPLICATION
LOCATION MAP
ZONING MAP
LETTER OF AUTHORIZATION
o None
o Notified
o Not Rcqulred
(1 )
. 'r...~ ...-.,.~~___. 4,-.........___---._.~. .
. ~.- .,- '. ..
"
v
. >' '. ~
A 97-12
Page 2
REASON FOR REQUEST
· Non-commercial parking, The applicants own a dental office which is already in the City and adjacent to the
subject property on the west. According to the applicants, the subject property was acquired for parking purposes
and with a possibility of expanding the existing dental office. They want to bring all their properties under City
jurisdictions.
ASSESSED VALUE OF SUBJECT PROPERTY
Ij:i'?,\;')i>~;>jY):,: \}::':h;;~ :Y{i~?~::",):::, ,(:.,: !)i;;,' :}' ::, ::::/:;",/:;),:);:; $: 88~500:'OO :', ::,';,,>, : ,,<:: :,:,:, ::',:. ~: ,:':, '::,:,:: :;: :::".,::,: ' ,0::" <:" ,:',:: :;',:',: ':', :,':::} :::',: ;': I
· Pertinent information concerning the request is summarized in the tables below and on page 3.
EXISTING ZONING AND FUTURE LAND USE OF APPLICANT'S AND
SURROUNDING PROPERTIES
~11.iti !'~B'.~~~~~~;::,"i:~ !;~~2.t
Subject County Commercial General R-3
Pro ert
North
South
East
West
Residential Urban
Residential Urban
ResidentiaVOffice General
ResidentiaVOffice General
RS-8
RS-8
OL
OL
· The Planing and Zoning Board held a public hearing on this application on November 4, 1997 after which they
unanimously endorsed the proposed Annexation and Zoning Atlas Amendment to General Commercial (CG) to the
City Commission.
ZONING DISTRICT RESTRICTIONS
DESCRIPTION
J('1P{~':i (/),\:::::::';:'J:::':::::'(: ,':,::'< CO t:i' :" ':":,: :':':' ":,::::,;-: ,::'~',:,'.:: ,':
c':.' .::. "," ',' ..., . ";'. c";','. ..... .;...::.c.... ." '. .: " :.: .' '.cc."" .
',;\/' {',::\';: ',','::;:',/RE UlREMENTS;'::.:,"::: ':,':':::",:' ';:':-'::
;, 24': d;' u: or 40: hbteVin'otebiiliis"maXimum:
.10000 S' ';'ft'iitinitrium,'::,:",' ,:,: : , . .
::.lOO:feernuriiinum , "
qOO.='feehriiriinium':>:, : ,",';- , ,
EXISTING
Densit
Lot Area
Lot Width at set back line
De th
Vacant lot
17,500 s . ft. mo. I.
100 feet
175 feet
(2)
~
I'
.
\
.' i !"': :i "~':;, ";". ~. '>'!'''~<", "!,
"', >......~..
I~.:.. .....d...~':-:.:.:"~.. ' ". ."..~, . "'-, 1 I >'>
....... .. . .. ~.I", ".' .
A 97-12
Page 3
I,
I
OTHER REQUIRED REVIEWS
iiA.GENCY}~Uti;in:;,u~~:{i!;/d0:)1>~i~~\r{}\\>"':'{}}\iC',/:~\:;:\:;j/f':}'/i;:~~;::Yi!)r:{)Wr/,': //:<'i/',:::;YES<\' \:;~::i :::i:',-:,t'/::tNO":':i
Pinellas Plannin CounciVCount ide Plannin Authorit X
Florida De artment of Communi Affairs X
. ABBREVIATIONS: R-3 = Residential, Single Family District (County) ,RS-8= Single-Family Residential
"Eight" District (City), OL= Limited Office District (City) & u. p.a. = Residential units per acre,
'cc A9-12
, "
...:)
, ~ . '
,." ,
, '
, ,
(3)
, .
",
\J.~~~!.'_~~~~~~~~~_~:-" "
. 1...-....-....-_.....~.......,1ii
.
---...-.---.............'... ."
, ~u__.."........,;:~ ...,.~" I'~'. . I'. '. d
~
."
.
"
. .." . '. . It. '. ,", ~.. ~:". . . .,"'" . .
','
ORDINANCE NO 6210-97
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
ANNEXING CERTAIN REAL PROPERTY LOCATED EAST OF
THE INTERSECTION OF DREW STREET AND NORTHEAST
COACHMAN ROAD, CONSISTING OF PART OF LOT 2,
MOSELL ACRES, WHOSE POST OFFICE ADDRESS IS 2131 NE
COACHMAN ROAD, 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 depleted 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 follo,!\,ing~escribed property is hereby annexed into the City of Clearwater
and the boundary lines of the City are redefined accordingly:
See Exhibit 8 attached. (A97-12)
Section 2. The provisions of this ordinance are found and determined to be consistent
with the City of Clearwater Comprehensive Plan. The City Commission hereby accepts the
dedication of all easements, parks, rights-of-way and other dedications to the public which have
heretofore been made by plat, deed or user within the annexed property. The City Engineer, the
City Clerk and the Central 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 Pine lias County, Florida, within 7 days after
adoption, and shall file a certified copy with the Florida Department of State within 30 days after
adoption.
PASSED ON FIRST READING '
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Rita Garvey
Mayor.Commissioner
Approved as to fann:
Attest:
Cynthia E. Goudeau
City Clerk
Ordinance No. 6210.97
_~____l
,
l'
y
.!
,.. -. f" ':.
, "
.- ~"""f,"rv.~wt"" ....~...,~........q;..i/i~~ j':.....'...,fl"'-:"n.\ ~,;......I,.....u.~i'" ~.. .
.\
\..
LEGAL DESCRIPTION
That part of Lot 2 of Mosel! Acres subdivision according to the map
or plat thereof as recorded at Plat Book 24, Page 70, of the public
records of Pine lias County 1 Florida, described as follows:
Begin at the Northeasterly comer of Lot 2, Mosel! Acres, and run
thence Southeasterly along the boundary Une between Lots 2 and 3
of said Mosel! Acres a distance of 175 feet; thence Southwesterly
parallel to. the boundary line of said Lot 2, which borders on State
Road 5901 a distance of 100 feel; thence Northwesterly parallel to
the boundary line between said Lots 2 and 3, to a point in the
boundary line of said Lot 2, bordering State Road 5901 a distance of
175 feet MOL; thence along said boundary line bordering State
. Road 590 100 feet MOL to the point of beginning.
y,"'-, .
I. '.
i <.:'
OrdInance No. 6210.97
..~~.--'~-"" '.'
. .
,..; ~-.......a_"'''''''''''in'."",,"'''''~''~_'''''''''''''''''''T T .'
. .. ...'---....,....'.,1...~ Ir"'Ti..+"n{ I~'~""\ '''h':'' "I- '.'::...,~.:..\_~le~'..J>.,rli. ;,,;\:,.... 'I,. .
8
404
i .,
,()
i "6
15 ~
!:;2 14
;)
...
"'3
~
4
1)5
-C
6
J
i
11 m
4'0 2
---
C.R. ~28
... , lQ
~ &0 .. ~
.. ~
CENTRAL 11/06 J
~'~j"~~nw'-.:.'~
J ~ . RESUB. ~ J .. ~~!L~~. ~ 1 ~
L .f "g V" w
D' 11/09 ~ . IZO :t "7
Y;f1 ....1 ~
,ID -< MRMA 16 ,$.0 ._" "'
" l!~ U~
10.( ~ ~ 16.- 85 ~ '00
PROPOSED ANNEXATION
LAND USE PLAN CLASSIFICATION AND ZONING
OWNER: Frederick and Carnine Hosley A.97-~
Harvey and Dana Kerstein
ADDRESS: 2 JJ I NE Coachman Road PROPERTY DESCRIPTION: Moscll Acres. part of Lot 2
JAND USE PLAN' ZONING
COUNTY: Commercial General R-3 PROPERTY SIZE (ACRES): 0.4 Acres
CITY: Commercial General CO lUGHTOFWAY: None ACRES
ATLAS PAGE: 2808 SEe: 12 TWP 29 S RGE: 15 E
~~"1lA'NNING',^ND::ZONlNG~BOI\RD:~NovcmbCr'4~J991,n'i.; "., ,<,~'~'.l",:," CITY 'COMMISSION "}\l' '''''H''''bC''''20 1991 :,,""':l'~,.' '"
,,~~~.L.~...-:.~..t~~...~~\ '. ::'~. ovcm r f;" .l::~H:;'i\~..:",:i\ ~
EXHIBIT B
Ordinance No. 6210-97
r"
~.-J- III
-
"
\' '. "0.. ~. ~ . '. . . , . c -.. '. "' ~ ,
'..pt
r
ORDINANCE NO. 6213-97
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDAt
AMENDING THE ZONING ATLAS OF THE CITY BY ZONING
CERTAIN REAL PROPERTY LOCATED EAST OF THE
INTERSECTION OF DREW STREET AND NORTHEAST
COACHMAN ROADt CONSISTING OF LOT 2, MOSELL ACRES,
WHOSE POST OFFICE ADDRESS IS 2131 NE COACHMAN
ROAD, UPON ANNEXATION INTO THE CIlY OF CLEARWATER,
AS COMMERCIAL GENERAL (CG); PROVIDING AN EFFECTIVE
DATE.
WHEREASt the assignment of a zoning district classification as set forth in this ordinance
is found to be reasonablet proper and appropriate, and is consistent with the Cityts comprehensive
plan; now, thereforet
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATERt FLORIDA:
Section 1. The following described property located In Pine lias County,'FJorida, is hereby
zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is
amended, as follows:
Property
Zoning District
See Exhibit A attached. (A97-12)
Commercial General (CG)
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. 6210-97.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Rita Garvey
Mayor-Commissioner
Approved as to form:
Attest:
Cynthia E. Goudeau
City Clerk
Ordlnanco No. 8213.97.
--""--
~
(
I~~ ,I ~.~... ~ ":~-l J "'~:I'"
...........",.:n......."'... .~..'~...._r.. '>n'" ._.~.,.. ~.~~........... ~
...
LEGAL DESCRIPTION
That part of Lot 2 of Mosell Acres subdivision according to the map
or plat thereof as recorded at Plat Book 24, Page 70. of the public
records of Pinellas County, Florida, described as follows:
Begin at the Northeasterly comer of Lot 2, Mosell Acres, and run
thence Southeasterly along the boundary line between Lots 2 and 3
of said Mosell Acres a distance of 175 feet; thence Southwesterly
. . parallel to the boundary line of said Lot 2. which borders on State
Road 590, a distance of 100 feet; thence Northwesterly parallel to
. the boundary line between said Lots 2 and 3, to a point In the
boundarY line of saId Lot 2. bordering State Road 590. a distance of
175 feet MOL; thence along said boundary line bordering State
Road 590 100 feet MOL to the point of beginning.
\"
Exhibit A,
Ordlnanco No. 6213.97.
, '
" '
~X,,-....f.'l:.-'::':.""t..I:::!"""_,~, ,,!~, .~h:(",:!.. -:-u.............--.. 4." .
\~...........--._.--~<
- ---- ---
11 ,,~
2
~ L
m (j ~
.) A.
'01
8
'0'
i .,
...
i
C2 14
:;)
-f
-413
~
"
1')5
-c
6
J
,()
~
~
---
C.R. ~2B
~l 60 Ie ~
...
f,j ii
CENTRAL 11/06 J
.'}!fT' 'l;:W1:;[6.-':'"
~ I .J; 1')' I? .. I
RESUB. I ~:~ l;i!L~n :; . ,
3 L " ~ III _.... I"jg 1 I.&J
01 J1/09 :::') II?
~r7j r....1 ~
,ro 07R MA 16 '30 ,_.. . ",
4 :!~ WL
)- U6 16.- 85 Foot '(XI
10' D:::
PROPOSED ANNEXATION
LAND USE PLAN CLASSIFICATION AND ZONING
OWNER: Frederick and Camille Hosley A-97-12
Harvey and Dana Kerstein
ADDRESS: 2131 NE Coachmnn Road PROPERTY DESCRIPTION: Mosell Acres, part of Lot 2
LAND USE PLAN, ZONING
COUNTY: Commercial General R-3 PROPERTY SIZE (ACRES): 0.4 Acres
CITY: Commercial General CO RIGHT OF WAY: None ACRES
A nAS PAGE: 280B SEe: 12 nvp 29 S RGE: 15 E
W!~Pt.rANNING"ANlfZONING BOA.nD:'NovenlbCr'4~ 1991, ':',' ,:', , ;"':,:,:, elTI'" COMMlSSION:"NovcmbC'r 20..1991/,',..,:,.;: i ,',Y
EXHIBIT A
Ordinance 6213-97
11..--"
-
~
-
.v--v
"
'. " ..." I ~ .'
~ .
PETITION FOR ANNEXATION
\~ '~.N"I':
. ,.
. ~ a I. .
, ..
.... .
City Commission
City of Clearwater
P.O. Box 4748
Clearwater, FL 34618
Commissioners:
We, the undf3rsigned, being aU owners-or-the'-descrlbed' reaJ propeny,
contiguous to the present boundaries of the City of Clearwater, and situated in an
unincorporated area ot. Pinellas County, Florida, do hereby request that said
property be annexed into the corporate Jlmits of the City of Clearwater, Florida.
_. We hereb'lJurther request that said property be zoned and classified under
. .. '''_ I
the Zoning Ordinance of the City of Clearwater, as set forth on the following page.
Attached hereto is a current survey of the described property, (if it is
unplatted), together with a certificate of title from a'title company, a copy of the
deed or a letter from a licensed attorney setting forth the names of all persons,
. firms or corporations owning any interest in the describe~ property.
The undersigned have been advised of, understand and in consideration of
the arinexation, utility ~ervices, and other good and valuable consideration, do
hereby agree a'nd covenant as follows:
1) All structures and improvements which are erected upon said property
subsequent to the date of this petition for annexation shall comply with all
applicable City. of Clearwater regulations and ordinances as set forth in the City
Code of Ordinances:
2) To convey such recreation land, recreation facilities and open space land ,
dedication and/or fees in the amount and manner prescribed by Division 2 and
3, Chapter 116, Article IV of the Clearwater .Code of Ordinances: and
3) When any substandard abutting street or utilities are subsequently upgraded by
the City to meet City Standards, said improvement(s) will be done on an
assessment basis, consistent with City procedures the'fWm:~~ll\WlE:~
11\\1 SEP 2 5 1997 lW
CENTRAL PERMITTING
CITY OF CLEARWATER
~. .,..'
F1IIRII
~
I' .' "''','
"'-<" ,,",
1
] A.... ",_ .. C....~. . .........,~~ "'.<........I'~.. (.....,.J~....~_.".~.. ~I.~ '.<~.....' . '., '"
. , . ~
We, the undersigned hereby certify that we have read and examined all of
the statements and allegations in the foregoing Petition including attachments and
after befng duly sworn, deposed, and say that such statements are correct,
complete and true and voluntarily made with full knowledge thereof.
I '
?-^-'-~~ <L _~_
FREDERICK E. HOSLEY -~
~~ 'cltl. ~
CAMILLE H. HOSLEY
d~/
HA~:?:::T~
~---, b/~
DANA B. KERSTEIN
STATE' OF FLORIDA )
, COUNTY OF PINELLA$ )
Subscribed and sworn to before me this
:;:; if "'day of _ September
, 1997 .
"
C.~?' tttl/~
N tary u Uc .:::mJl A. Pll?bPlii\!
M'f€ommission Expires: U
DISTRIBUTION:
Original. City Clerk
Copy.. Legal Dept.
Copy.. Central Permitting Dept.
1!~~~~~ MVca:~=tS36
r'~\ ~l EXPIRES: ADguet 20, 1 ego
'I ... ,.!/r" ,..'/ IloodfIcIl1IU ~ f'I.tic l.h:ItrwI*n
~.....~ '""
r,. u ----:- ':
p
I.' ~, . 'L"'~''''.c,~ ~... ~,,,,."'''''''~.':~'''''''~''''''''' :"~'11~"~ ...,.,...... ........, ...<
~ t! ...., ,
.
Attachment 2 to Hosley/Kerstein Annexation Petition
Disclosure of ownership interests in the above-described property:
Fee title owner:
Frederick E. Hosley and Camille H. Hosley, husband and wife (~interest),
and
Harvey L. Kerstein and Dana B. Kerstein, husband and wife (~interest)
Owners' address:
2127 N.E. Coachman Road
Cleanvater, Florida 33765
Other ownership interests:
PineUas Community Bank, mortgagee (as to Hosleys' ~ interest only)
.ro~c ~
FREDERICK E. HOSLEY \
~OV. ~JIJ
CAMILLE H. HOSLEY' ~-- --6-
~m
~
_~'Ti'( t~ 4~
DANA B. KERSTEIN
STATE OF FLORIDA
COUNTY OF PINELLAS
SUBSCRIBED and sworn to on this ~~ of September, 1997.
~ (J. 71'Ja.d'dt-- I
N t lie V'?/ 11.II"/f)J]JpV
My COmnUssion Expires:
il~f~~~u'1 MY r:~:S=~1&3S
: ~. .. I EXPl/lfS: hIguIt 20, 1998
~ ..". .. I ' .~ BoDjod ThnlIkJtzlly f'IbIc UldIMwlflIn
.
.-.... ..........
~~t,...,;.;.....!l-t.o....,.~,....
.. ._.................-'-I...........,.a....-.....!i~~-..-.-.... ...
. .........~i..\ .~~ "'!I.........'..~...,'
."
J
"
! '
. ~. . ,"\ .
. '''~''~'...~,. .~.....,. '~'" .._" +~~~A,..t'.a"t'r".' .'...,'>...."'."'.,....,c.<...i....~ ~.., ~.+ .~~.
""""-
2117 N.E. Coachman Road
Clearwater, Florida 33765
City of Clearwater
Post Office Box 4748
Clearwater, Florida 34617
Re: Representation Authorization for
Voluntary Annexation Petition and
Zoning Atlas Amendment Application
, Ladies and Gentlemen:
This letter will confinn that Attorney Milton A. Galbraith; Jr., is authorized to represent the
undersigned owners of part of Lot 2, Mosell Acres Subdivision, located at 2131 N.E. Coachman
Road, Clearwater, Florida, in all administrative and quasi.judicial proceedings before the City of
. Clearwater and, if necessary, Pinellas County, Florida, relating to the owners' petition for
voluntary annexation and application for zoning atlas amendment for that property.
All'notices and other communications relating to this matter should be addressed to, or a copy
provided to, Mr. Galbraith at the law offices ofKutchins, Bishop & Schultz, P.A., Post Office
Box 1063, Oldsmar, Florida 34677.
Sincerely,
r .~v\L..~ C
FreCierick E. Hosley
Date: SePtembe~ 1997
~ a.1I" cJh, ~ J)1~ '"
Camille H. HosJey' 7)
H~~-
Date: September .J- J.-;-1997
Date: September~~997
~/J;~
Dana B. Kerstein
Date: September::::"" 1997
~,-~-~-~... . ~ 1
" 116
2
~ L
ill ~~
Q 300.
10'
a
401
i 7
,()
... ""6
i ~
!:;2 14
:t
1)5
-c
6
---
ao ~ 1 C,R. S28
~ 60 lQ
...
Ii
CENTRAL 11/06 3
~.~".l';~nw"-.:.."
1LI 1 ~:~~ ",~l
RESUB. . '!L~~""
3 ~ L 4 ~ I :.... ,n "-1 w ~
0' 11/09 '''3 l III ~
~ ' 120 "7
,to 0(' 07R MA 16 'zo ISD f:r.!.. h;;'1 ~
4 ~!~ L~/!...
tOI >- /}$ 16. - 85 ~ 100
a:
PROPOSED ANNEXATION
LAND USE PLAN CLASSIFICATION AND ZONING
OWNER: Frederick and CarojIJc Hosley A.91-12
Harvey and Dana Kerstein
ADDRESS: 2131 NE Coachman Road PROPERTY DESCRIPTION: MascH Acres, part ofLol2
LAND USE PLAN ZONING
COUNTY: Commercial General R-3 PROPERTY SIZE (ACRES): 0,4 Acres
CITY: Commercial General CO RIGHT OF WAY: None ACRES
A 11..AS PAGE: 280B SEe: 12 lWP 29 S RGE: IS E
\~TPLANNING AND 'ZONING BOARD:'NovembCr' 4:.1997..',:: :,:~. .. . .;. /:. : CiTY. COMMlSSIONf:Novcmber 20, 1997 ,.. , ,
" ., , '"
.A
.'
t
..
..
!
i
~
I
...
!
~
'"
-
r
j
1I
__J_.. ,
;;
J
'GlIlUoot J<IlWoPIO-ri-
" i f
\ 0(J -I--~
j
i!
I
:{
~
'llIilOOUt
'all .JlCJW
Q
'cr. lU'O'D'
I ..,.~
o
.
a
G
~ 0 j oj
~
p~"
.--
--
~;;'
w....I
'1G
k
~
oj
01
If
~~~
.
~J~;""~ \....\ ,.{t~.,~N:L-
~---ooq- ~
I." '
ORDINANCE NO. 6172-97
9
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDAt
AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE
COMPREHENSIVE PLAN OF THE CllY. 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 STREETt 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:
Property Land Use CateQorv
See exhibit A attached. LUP97-07 From: Residential Medium
To: Re~reationlOpen 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 Floridal 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 F.uture 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
November 6. 1997
Rita Garvey; Mayor-Commlssioner
Attest:
Cynthia E. Goudeau, City Clerk
Ordinance No. 6172.97
-'.""-~I-
-
~,
I'
, ' ,'.. '. . , .,.. ~Ioo~ '." 0 .' ~. ',... T , . .. ..... +' ~ .. <
LEGAL DESCRIPTION
9
A tract of land lying within Section 8. Township 29 South, Range 16 East, Plnellas
County, Florida and being more particularly described as follows:
Commence at the South ~ comer of saId Section B; thence along the South line of the
Southeast % of said Section 8, S 89041109" E, for 487.83 feet; thence leaving said line, N.
01025'54- E, for 1289.21 Feet to the Point of Beginning; thence continue N 01025'54- e,
for 50.01 feet to the North linG of the South % of the Southeast % of said Section B, 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 Plnellas County, FJorida; thence along said line and
its Easterly extension thereof, S 89036'06- 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 Plnellas County, Florida; thence along said line. being 50 feet West of
and parallel to the East line of the Southeast ~ of said Section 81 S 00012'59" W, for
667.84 feet; thence leaving said line, N 89038'3B" W, for 688.22 feet; thence S 00052'06-
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 Pine lias County, Florida; thence
along said line, being 50 feet North of and parallel to the South line of the Southeast % of
said Section 8, 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
public records of Pinellas 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 1/4 of said Section 8, N 89036'06- W., for
1047.80 feet to the Point of Beginning.
Exhibit A
Ordfnlnc~ No, 6112,97,
~ ..u....~~... .,..~_..J('..< ' .....f l,H,,'yrl}' rl.h:'''f~.''''''.''''''''''' ".
-Jr~r--.-
REVISED
',. .
~,.
.if. "1"
16 ....
.
.
EDOll: Co I.tOOlIrt
I'(QI:[A noH CXU'UX ro.
'....... .
O$/R . ~ Ol('
...--
--
-...
.
I I
.-,
na1
. . .
. i: ....... ' , .'
.J# .'.~" ~
: '~'~P/~.F!'" ; ,
I ~ ,," .. .. , . 4 ...
t;, :.'" · .. . +
,..~.,
.~~..... ':~TNtY".. :....~ ,. '.
,c, ...._t.....:.. ..'.
., ,~.t..~. . f
;~/ .,:',..'~'t/~,
.*, ... ., .
oi,iii
:';
, .
~. ! .~
'.
. . .
~
, ..
"~.,::~: <~.: - :: .,', ; :- :
,.' I .. 4 ",' r.
".... ":. -/ . ,. . , "
I '
'.
",' .... - .. ... ...... '. ...
.
~
PROPOSED REZONING AND LAND USE PLAN AMENDMENT
OWNER: City of Clearwater z.97~08
LUP-97-o7
ADDRESS: 2~~n Drew Street PROPERTY DESCRIPTION: See, 8.29.16, M&B 44.01
LAND USE PLAN ZONING
FROM: Residential Medium iuvr 16 PROPERTY SIZE (ACRES)~ J 1.4 Acres
TO: Recreation/Open OSIR and P RIGHT OF W A V: None ACRES
Space and
Preservation
ATLAS PAGE: 2828 SEe: 08 TWP 29 S RGE: 16 E
i\';JPLANNING AND ZONING BOARD: AU')Ulst'19., 1997 , " ; ,CITV COMMISSION: September 4; 1997.' ,'..,>:. . "
Ordinnncc 6172-97
~v-
...... n~____~..__ ....
"
jd .,. , . ~
\0
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 rN SECTION 8-29S-16E, WHOSE
POST OFFICE ADDRESS IS 2950 DREW STREET. FROM
MULTI-FAMILY RESIDENTIAL ~SIXTEEN" (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 CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
, Section 1. The following described property in Clearwater, Florida, is hereby rezoned, and
the zoning atlas of the City is amended as follows:
Property
Zonina District
See Exhibits A and B attached.
(Z97..o8)
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 Planning and Land Development Regulation Act, pursuant' to ~
163.3189, Fronda Statutes. The Director of Central Permitting is authorized to transmit to the
Plnellas 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.
Ordinance MD. '11).'1
".j,
, "
"I' 1- :~-.. ~ ..;.....:~,.,.""('<".....~f'~,.... ...,.,~...... ~.~.........._""~~J~..'f.'I.~~~-l-'..." >';~.......,"t~-l...:.."'. ,'....... ~~,......... ,"."'..:.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL,
READING AND ADOPTED
Approved as to, form: '
a,
Leslie K.' Dougall-Sid
Assistant City Attorney
I,
"
,.
.
" "," '.,.
\0
November 6, 1997
Rita Garvey
Mayor-Commissioner
Attest:
Cynthia E. Goudeau
City Clerk
Ordlnan~. Ko, '11)."
,
___________ u__._______
~
~
.
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,
Pine lias County, Florida, being more particUlarly described as follows:
Commence at the South X comer of said Section 8; thence arong 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 iIne 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 89036'06" 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" W for 103.26 feett thence S 35016130" W for 42.37
feet; thence S 21012'45" W for 114.71 feet; thence S 32000'45" E for 53.38 feet;
thence S 83001'46" E for 106.15 feet; thence S 84032'36" E for 105.20 feel; thence
N 47037'03" E for 87.41 feet; thence N,40002'46" E for 49.12 feet; thence S
22036'13" E for 24.37 feel; 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 feet; 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 57.32 feet; thence S 46059'28"
E for 30.60 feet; thence S 26027'51" E,for 76.60 feet; 'thence N 60018'47. E for
52.83 feet; thence N 44018'20" E for 37.04 feet; thence N 45022'1,1. E for 26.32
feet; thence N 64019'Q7. E for 36.90 feet; thence S 82010'23" E for 22.72 feet to a
point on the West righto.Qf-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 S 02034'30" E for
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 righto.Qf-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 Plnellas County, Florida; thence atong said easement fine 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
Oocumont No.8173.97
\0
,,-
-
~ ~
LEGAL DESCRIPTION
for the Preservation Area (P)
\0
PART 1
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 B; 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 % 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 County, Florida; thence along said line and Its Easterly extension thereof, S
89l>>36'06" E for 1140.42 feet, to the Point of Beginning; thence continuing along said line S
89l>>36'06" E for 1093.26 feet to 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 OOl>>12'59" W for 306.71 feet to a point being described as Point
MA"; thence N 82010'23 Wfor 22.72 feet; thence S 84019'07" Wfor 36.90 feet; thence S 45022'1111
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 65040'0311
W for 57.32 feet; thence S 28003'10" 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 78l>>11'33" W for 72.80 feet; thence S 62006'3911
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 67l>>52'14" W for 54.59 feet; thence S 75030'15" W for 33.23 feet; thence S 01049'4511 E
for 34.04 feet; thence S 70015'38" W for 34.08 feet; thence S 43006'13" W for 17.07 feet; thence
N 02048'5111 W for 23.48 feet; thence N 22036'1311 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 84032'3611 W for 105.20 feet; thence N
83"01'4611 W for 106.15 feet; thence N 32000'45" W for 53.38 feet; thence N 21"12'4511 E for
114.71 feet; thence N 35016'30" E for 42.37 feet; thence N 54"12'23" E for 103.26 feet; thence N
50024'17" E for 109.89 feet; thence N 29"15'47" W for 53.77 feet; thence N 39036'05" W for 74.34
feet; thence N 26010'3411 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 East, Pinel/as
County, Florida, being more particularly described as follows:
Commence at the point described hereinabove as Point "N, said point being on 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 West right-of-way line S 00"12'59" W
for 258.92 feet, to the Point of Beginning; thence continuing along said West right~f-way line S
00012'5911 W for 102.21 feet; thence N 89038'38" W for 50.42 feet; thence N 01 "57'47" E for 53.36
feet; thence N 02034'30"W for 80.91 feet; thence S 86035'4111 E for 24.89 feet; thence S 42003'10"
E for 41.45 feet to the Point of Beginning.
Containing 6268 square feet, more or less.
EXHIBIT B
Ordinance No. '17J.17
,
\0
. ,
, . '
" .
:~. ..;..:.u..,.. .
: '~'~P/S~:' ~ '
.....;. ,," ...... .; ..."\ . : ..
1';. :.' · ." .. ..
..."....:~..~..
~.~ .4p..OnNlY ,,:....:, ...
.1Cr.,., tc:ttoa; ...... ; ..
., .'.' ..-. ": t' ..' ..
.f. ... 0;.:.... ..' '-,
...::.f, ..... .:.:. t .
'I - ,,\" .".
. . *. .,.. .,..
, .
.: ..I: .-.. .:"''', ~
'~.:,': ..~.:. ," I ,...
~11~.,. .. ',: ~.~ .. .
16
~
,.... .tlIU
....
.
I
[001( C. WOOfII: i: '.
M~1IOH CQ.lNX
....... ".. ...
. , ..'
O$/R ,', . Il{CI't
I
..--
--
-
,
I I
.-t
.-,
~
"
.. '
.
, .
. . .'11.
. ! ~
:'. ..
;~ '
. .
~
., ,
I ' ",
, .
.. ..... - '.... ... .",~ " ..
..-
...
PROPOSED REZONING AND LAND USE PLAN AMENDMENT
OWNER: City of Clearwater 7--97-08
LUP-97"()7
ADDRESS: 2950 Drew Street PROPERTY DESCRIPTION: Sec,8-29-16, M&B <<,01
LAND USE PLAN ZONIN({
FROM: Residential Mediwn RMl6 PROPERTY SIZE (ACRES): 31.4 Acres
TO: RocreationlOpcn OSIR. and P RIGHT OF WA~: None ACRES
Soace
ATLAS PAGE: 2828 SEe: 081WP 29 S RGE: 16 E
':~'P.CMlNmG.''')]fD~ ZONlNo.'nol\R.D: ~Au'iN!1"19:~:i997;f:z.~' .""~~"".. ,..;~" '''CJ'l'Y. COMMISSION' 'S(:pt'cibbCi',....I991 y,",',', ,'""
,.<~~,,:,.~"'::.~;'!:'~ -:. r.. c ,,'" . ~~).\:~.i':~D~~~.:~~?"~
Ordinance 6173-97
J
I'
..._ ~ .' I ~ "' :', ". . . '/_ "
\ \
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 owned 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 Child Development and Family Services, Inc.,
perfonns 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 Family Services.
Inc. The property is located at 701 North Missouri Avenue. Thelquestion 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 on
Ordinance No. 6207-97
,
~ '
> . . " ' ,,".~'~ ~.tf :,.' '<,' . ~ '" . I . '. >.;, !
\ \
or after November 1, 1979, at the regular municipal election scheduled for March 10,
1998, shal,1 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 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. 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
November 6. 1997
Rita Garvey, Mayor~Commissioner
Approved as to fonn:
Jl tJ fL
Pamela K. Aldn, City Attorney
Attest:
Cynthia E. Goudeau, City Clerk
2
Ordinance No. 6205~97
.., ....> ~ .,. .. ~. ..
ORDINANCE NO. 6208-97
I~
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, Porice 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 fotlows:
(1) The board of trustees shall have power and authority to invest and
reinvest the assets of the pension fund in:
. * * * .
(c) Gammon stocks, pr{)ferr-od stocks and bonds and othor evidence of
indobtednoG& iccued or guamntaod by Q cOfPoration organized
under 1::v.NS of the Unitod States. any state or organized torritory of
tho Unit.ed Sbtos or tho District of Golumbi:l; provided:
1. The oorpmation is--- listed on any ono or more of the
fScognizod n:ltional stock exchangee;
2. Tho corporation moots tho et:lndardc cet forth in F.S.
~185.,06(1)(b), ae may bo amended from time to time; and
Stocks. commingled funds administered bv 'national or state banks.
mutual funds and bonds or other evidences of indebtedness. All
jndividually held equity Bnd debt securities and all eQuity and deb~
securities in a commingled or mutual fund must be issued or
gual]!Dteed by a corporation organized under the laws of the United
States. any state or oroanized territory of the United States or District
p1 Columbia. and each eQuity and debt security must be traded on a
nationally recognized exchange (including NASDAQ). All debt
Ordinance 620B~97
"
.. ...,...~,. ,\ ,'..
securities shall hold a rating in one of the three hlghesl
classifications bY a major rating service. and if such investments are
made in a pooled fund administered by a state or national bank or
mutual fund. then the rating of each issue in the pooled fund shall
bold a rating within the top three (3) retina classifications of a maior
ratinQ service. No foreign investments shall be permitted whether
owned individuallv or in a commingled or mutual fund. except to the
extent permitted bv Chapter 185. Florida Statutes. as amended frol1]
time to time.
I~
~ The board of trustees sharr 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 its 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
November 6. 1997
Rita Garvey, Mayor-Commissioner
Approved as to form:
~. City Attorney
Attest:
Cynthia E. Goudeau, City Clerk
Ordinance 6208-97
I'
ORDINANCE NO. 6211-97
\3'
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, RELATING TO SPECIAL EVENTS; AMENDING
SECrfON 22.83, CODE OF ORDINANCES, RELATING TO
PARADES; TO PERMIT PARADE PARTICIPANTS TO
TOSS CANDY, MEDALLIONS AND SIMILAR MATTER;
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE
CIlY 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 left clean and undamaged fallowing any
special event.
(5) The city manager shall have the authority to restrict, 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 or
equipment.
(8) In the caso of paradeE, tho :Jpplicant :Jgroec that there will be no tocEing of
candy, medallionsl or other like mattor by those participating in the par3de.
Ordinance 6211-97
. Lff'L'" "... I .' .; ~ T""
.h
.....
~JlsIJ~
I),'
.'
..'!f ....
.. .', ,... '. .:- ~ .,.. -'>. ...
\3
lID~ The conduct of the event wiIJ 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 properly police the line of movement and the
areas contiguous thereto as to prevent normal police protection to the city.
!1Ql~ The conduct of the event will 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.
!1.11~ 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.
!12l~ The conduct of the event will not interfere with the movement of
firefighting equipment en route to a fire.
!1ID.{44} The conduct of the event is not reasonably likely to cause injury to
persons or property, to provoke disorderly conduct or create a disturbance.
.cw~ The event is schedured to move from its point of origin to the point of
termination expeditiously and without unreasonable delays en route.
!1Q1fU>> 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
Novp-mber 6. lQq7
Rita Garvey, Mayor-Commissioner
Approved as to fonn: Attest:
Pamela K. Akin, City Attorney' Cynthia E. Goudeau, City Clerk
2 Ordinance 6211-97
I'
ORDINANCE NO. 6212-97
I~
AN ORDINANCE OF THE CllY OF ClEARWA TER, FLORIDA
RELATING 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 faYF 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
November 6. 1997
Rita Garvey, Mayor-Commissioner
form;
Attest:
Cynthia E. Goudeau. City Clerk
OrdinAnce 6212.97
~,.:).'ti"'JJ-~'JJ:'->~I,~..~/J"!'" h.~, .......~> <.
'"
...
-.I
~ -
v-
.'
" . .", .
. J'" ,.".
'; ',: " '.':; .','{" ;",:,:; ::.::~,<:/j?<,<",
,....~'. ;, '. .'
, .
, "
, .
p~~
e'77IJ t)'l e.t&rlil?HJ/I7&*R
INTEROFFICE MEMO
15
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 20, 1997, City Commission Meeting
Date: October 23, 1997
A. The following item is included in the approved 1997/98 budget. The recommended vendor was the
lowest most responsive bidder in accordance with the specifications in the 1996 bid.
1. Extend the annual contract in the estimated amount of $360,000.00 with Voyager Fleet Systems Inc.,
Houston, Texas, for the purchase of vehicle fuel during the contract period December 1, 1997 through
December 1, 1998 for utilization throughout the City by all City departments utilizing with City vehicles.
This is' the first of two available renewal options of the contract as authorized in the tem1S of the 1996 bid.
Products and service received during the previous contract periods have been satisfactory. Appropriation
code: 566- 06611-550500-519-000. (General Services)
2. Award a contract to Interprint Web and Sheet Fed, Clearwater, Florida, in the amount of$105,600.00
for publication of the Clearwater Magazine for distribution to the citizens of Clearwater on a quarterly
basis. Appropriation code: 315-94764-530300-519-000. (Information Management)
Funding for the FY 1997/98 portion of the above referenced purchase is included in the FY 1997/98
Budget. Additional funding needed for FY 1998/99 portion will be requested in the appropriate
departmental budgets as recommended by the City Manager.
-r~\(!>
Tina Wilson, Budget Director
~"""'i'nt~.:.:~_'!.~_~_l. .l".,...."""'~......... .
~ ...~... ........ ........~...~.~.~,~
. ....~ ."ll"",.~~_"'f.,..,."""'.
-A.
-
,-
"
;'; :/.~ .
..
"
. .. . .
11fiff~l:igNf~j;(~;;:~,i!;;ifi/f;~::?i;f\~"f::-'~F;;~N:',:;-r::';:":.;;.,'-.... ':,
,r ';
~l (
c..)
"
Item #16
,'"
"
,>
'.....
. ~. ,
/:: I
Jdv~?
'"
'I
",. ;C'
\.
~;;.;. j.
.~1, I: I
: "i1
, ,
!{< ~ !
,
.,'
" .
\.,.
,
T
__"'..~L~"
~
Ct' ·
'""""
:\1
6U 1-
Clearwater City Commission
Agenda Cover Memorandum
I~ ,""
flem #: . ,
Me~ling Date: ) l.~b;q1;
SUBJECT:
Reappropriation of Prior Year Budgeted Funding
RECOMMENDA liON/MOTION:
To approve the reappropriation of $102,130 of General Fund operating savings in the FY 1996/97 budget
to fund specified projects in the current fiscal year
00 and that the appropr1ate officials be authorized 10 execute same.
BACKGROUND:
In any given budget year, budgeted dollars are sometimes not able to be spent due to circumstances beyond the
department director's control.
In the Fire Department, two major Department initiatives were planned and funded in the preceding fiscal year, but were
not able to be completed. The installation of a sprinkler system at an estimated cost of $15,500 at Station 50 was bid
during the early summer months, but only a single, unacceptable bid was received. Other firms are being encouraged to
bid and with the approval of this item, funds will be reappropriated to this project, and we will bid the project again early
in the current fiscal year. Also, the FY 1996/97 third quarter review provided $50,000 for an independent management
review of the Fire Department. Again, these funds were not spent in the previous fiscal year, and the request is to
reappropriate these dollars in the current budget.
In the Parks and Recreation Department, two budgeted projects were not accomplished in FY 1996/97: a storage room
addition at the Kings Highway Recreation Center at an estimated cost of $8,000 and flooring repairs to the Clearwater
Beach Recreation Center at an estimated cost of $13,000.
The Public Communications and Marketing program would like to reappropriate $8,000 of budgeted advertising dollars
for professional advertising services that they were not spent at fiscal year end.
Also, a balance of $7,630 of library Cooperative funds was unspent at year end 1996/97. It is mandatory that these
funds are spent for cooperative purposes only. For this reason, this balance will be reappropriated to the FY 1997/98
library Cooperative program operating budget.
Funds for the items above will be provided by a first quarter budget amendment reappropriating $102,130 of General
Fund savings from the FY 1996/97 operating budgets to the FY 1997/98 operating budgets for Fire, Parks and Recreation,
library and the Public Communications and Marketing program.
Reviewed by:
Legal
Budget
Purchasing
Risk Mgmt.
IS
ACM
Other
nla
Tolal
Commission Action:
o Approved
o Approved w/Condilions
o Denied
o Continued to:
nla
Originating Department:
OMB
Costs:
Submitted by:
User Department:
Current FIscal Year
City Manager
o Printed on reqrded paper
Advertised:
Date:
Paper:
o Nol Required
Affected Parties:
o NDtifled
o Not Requ1red
FundIng Source:
o c.tpll.iI! Improvrmrnh
o Oprr~Unll:
o Olhrr:
Attachments:
Appropriation Code
o None
~.y,It,~~.~;:.""~:I.,Jn . ...,...~..,.
. ........ ~>.. . .". ",i.' 'H....~'............-.~._._..
~......d:l.....
....
.
PD1-
Clearwater City Commission
Agenda Cover Memorandum
\/
Itam #I;
Meating Date:
Lt. ~o.97
SUBJECT: Contractual educational services
· RECOMMENDATION/MOTION:
· Award a contract to Pinellas County School System/Clearwater Adult Education Center,
Clearwater. Florida, for provision of educational servicest in an estimated amount of $92,060. in
accordance with Sec. 2.564(1 )(e). Code of Ordinances - Impractical to Bid
I!I and that the appropriate officials be authorized to execute same,
BACKGROUND:
· The Career, Technical and Adult Education (CTAE) division of the Pinellas County School
System/Clearwater Adult Education Center was selected by Clearwater to provide educational
services to community residents for the Weed and Seed program. Services include basic education
classes; GED preparation assistance; career counseling to assist residents in identifying employment
skiUs and aptitude; instruction in getting and keeping a job; and instruction in computer skiIJs. Staff
from CTAE were instrumental in the planning and implementation of the Job Skills Training Center
and Computer Learning Lab. CTAE's participation has been and continues to be critical to the
program's success. The program has, in fact, been a carefully crafted partnership between the
Clearwater Police Department, Mt. Carmel Development Corporation, and CTAE. Clearwater is now
entering the second year of its Weed and Seed funding and is looking fOlward to third year funding
as well. With the continued efforts of the three partners involved in the program, Clearwater expects
to see the Job Skills Training Center flourish and grow. It would be extremely difficult, if not
impossible, to maintain any kind of continuity or consistency to the program if it were necessary to
re-bid and possibly change the provider of educational services throughout the three-year grant
period. It is therefore impractical to bid on the educational services required for the Weed and Seed
Job Skills Center and Computer Learning Lab.
. $28,000 is available in Clearwater's Weed and Seed FY 97 Grant, 181-99383. The remaining
funding of $64,060 will be provided by a First Quarter amendment establishing Clearwater's Weed
and Seed FY 98 Grant project, 181-99388.
Reviewed by:
Legal
Budget
PurchasIng
RJsk Mgmt.
IS
ACM
OrIglnatfng Department:
Pollc6 f't#'V'
User Department: I1..Nt /
Police nN'V
Costs:
$92.060
Tohd
$92,060
Current Fiscal Year
Commission Action:
o Approved
o Approved w/Condltlons
o Denied
o Continued to:
other
NJA
Advertised:
Datil:
Funding Source:
o Cllpltal
Impro....m.nt
o Op.roItlng:
00 other:
Attachments:
Submitted by:
Weed & Seed
City Manager
o Printed on recycled paper
Paper:
/RJ Not Required
Affected Parties:
o Notified
00 Not Required
ApproprlatJon Code
1 B1-993B3 & 1 B1-S93BB
IBI None
..............~,..~.~ .....L.~~~, ~.!
. s.'
-
(8
P lZ 6-- Clearwater City Commission
Agenda Cover Memorandum
Item " 12'
MeetIng Date:
:: ..,:-: ':- ~.' ':....:....: .~" ,>:.. .. ,.. ':
:. .:.. ... ". ..... . E'~':: ..
:.. ;:. .,~. "~' ::: .: """, c.:" .. . . "
r" :;:,~,:':,::::,::L;,;: :,:,::~'~;: ::,' ':' ,,::
'~,Nov:'20~1997<
i' .\.:< ~:: :~::>:'~ :",: ',' ::: :. .,~
SUBJECT: Clearwater Beach Recreation Center Floor Repairs
RECOMMENDATION/MOTION: Ratify and confirm change order #1 (close-out change order) for
Clearwater Beach Recreation Center floor repairs (156-97) to JSS Property Professionals, Inc., of
Madeira Beach, Florida, for the sum of $12,71 B.60, for a total project cost of $37,606.60
Q!2 and thot the approprlote officIal. bo authorized to exocute samo,
SUMMARY:
e On July 18, 1997, a purchase order was awarded to JSS Property Professionals, Inc., for the sum of
$24,888 to repair the floor in the main room of the Clearwater Beach Recreation Center.
e The project was scheduled to be completed during a very tight time frame of August 25, 1997, to
September 12, 1997. Within the first three days of removing the old floor and damaged sub-surface, City
staff and professionals with McCarthy & Associates Engineering discovered the following unforeseen
additional conditions that needed work:
1. An existing interior grade beam was discovered below the floor topping which allowed
moisture through the slab.
2. A void area was found under the slab at the southwest corner of the main room.
3. Additional material and labor to remove and install leveling compound was needed.
e An emergency change order from the City Manager was requested in an amount not to exceed $13,000 to
make the necessary corrections. The emergency was based on the requirement that the contractor had to
complete the work no Jater than September 12, 1997, since a wedding reception was booked for
September 13 and other rentals and programs were scheduled to resume on September 15.
· The City Manager approved the emergency change order. In so doing, the amount of the contract
exceeded the $25,000 threshold requiring City Commission approval.
e Subsequently, the floor was completed on time, the wedding reception was held successfully, programs
began on September 15, and the center now has a floor that will require only normal scheduled
maintenance.
Reviewed by: Orrgfnetlng Dep~:
Legal fYi::m:N"AW:;;i~i: :~::;:2:rp.fki:'.riifR 'ea' .. ::,":::
Budget ;,,,,,:':''''':;'''~:;,,!';:i'
Purchulng ::,:i;f:', ,,: ::i!Wii; USOl Deportmont:
Risk Mgrnt. i"L:LN1A:: :;:::;' E:'::"'<l:iDrk.l"e'nif'R." i "
IS gi';'iiTNJA~i';;;L.
ACM ;i;,;;,;;:ii;:i:;;;;;::,~j;;::
Other fii:":::;;:'N/A:,!::!',;;: Advlrtf"d:
j'oii~;::1C:/:;::: T,;:'=']\':" ,
:~~;:;:.:;: :.:;;~~;:~: ::',:;::':!:-::-:::..;:-:
~;~;: ::::: :.\:': ;=;::. <' .;. :~::: :.:: :':, i:. .. .
ip.IPI,ij:!:::i:,;:<<:::',,:',,:, .,:::
o Nat Required
Affected PBrtlol:
o Notlflld
Cltv Manag 0 Nat Rlqulred
o Prlnt.d on reevcled p.p.r
Commlsrlon Actron:
" $12.718.60
Totlll
o Approved
o Approved w/Condltlons
o Denied
o Contlnued to:
Curront Fileal Vear
Funding Source:
Cc.p1t&1lmprovnlent:
1I0pofJItlnllr
o
O'he r:
Attachments:
, '
......
" ,,~pproprI8tlon Code
o 1 Q~~1665-ti03500.57Z.000
.'
jJ s S f~ ~
PROPERTY PROFESSIONALS, INC.
AdminIstrative Offices:
15006 MadeIra Way
Madeira Beach, FL 3370B
b.l.{. 1?
Phone: (813) 392-4766
Fa~ (B13) 399-9550
J. Scott Suarez, OWner
INVOICE-FINAL DRAW REQUEST
VIA FAX: (813) 562-4825/Hard Copy: U.S. Mail
ATTN: Art Kader
October 9, 1997 - 2 Pages
City of Clearwater
Finance Department
P. O. Box 4748
Clearwater, FL 34618-4748
Your Purchase Order No: 699-0000015124000
Ship To: Parks & Recreation
100 S. Myrtle Avenue
Clearwater, FL 33756
Our Invoice #; 97-1009-01
Our Invoice Date: October 9, 1997
Breakdown of Scope of Work and Unforeseen Conditions:
A) Remove and dispose of all existing floor tile WId base
B) Remove and dispose of the existing overlay floor grout - (Varies from 114" to 3/4")
After removal the following conditions were found:
1) An existing interior grade beam was discovered below the floor
topping, which appeared to be a primary conduit for moisture
into the slab assembly.
2) The quantity of topping grout is well in excess of estimated bid
quantities due to thickened areas of the perimeter of the room,
changed to 3/4" to 1-1/2" in thickness. ,
3) Voids were discovered under the slab along the Southwest comer
of the room (with wet sand below slab).
4) Restoration of concrete slab in many areas.
.-. ~ {}~ ~~ rV~ t)
K v;. ~",.d J.1 ;11
OCl 1 5 \997
F M~~S M~;
t;ECREfl.. ,\\0.'\
The above, unforeseen conditions, and the overtime hours required to stay on schedule
resulted in the cost overrun. Please note all reports from McCarthy & Associates, Inc"
Consulting Engineers.
C) ScarifY existing concrete slab on grade.
D) Furnish and install surface applied waterproof coating from Aquron on existing concrete
slab on grade.
E) Furnish and install Master Builder self-leveling grout overlay as best as possible with
extreme condition of concrete slab on grade.
"
.~d :.,~.. ..:..'t\t~":.'.: "c): . :-- . "to' '. t ,'" "
.
City of Clearwater
Finance Department
P. O. Box 4748
Clearwater, FL 34618-4748
b.~, \ ~'
Your Purchase Order No: 699-0000015124000
Ship To: Parks & Recreation
100 S. Myrtle Avenue
Clearwater, FL 33756
PAGE 2
continued from previous page
F) Seal grout overlay prior to installing vinyl Armstrong 'commercial tile.
G) Furnish and install Armstrong vinyl tile, with new vinyl base.
H) Repair entire room as gratuity to the City of Clearwater. (No charge).
BASE CONTRACT:
$24,888.00
, Additional Charges (Upcharges to original bid) Caused By Unforeseen Conditions
,1. Concrete on grade - removal and repair
2. Grade beam repair
3. Slab void 'repair
4. Extra grout material needed due to thickness
Sub-Total for Additional Work
$ 1,471.00
513.00
377.00
10.357.60
$12,718.60
TOTAL FOR ABOVE PROJECT
Less 1 st Draw
Less 2nd Draw
Plus - (Held back on our Invoice 97-0910-01
$37,606.60
< 7,466.40 >
< 17,411.60 >
10.00
BALANCE NOW DUE
$12.728.60
, Thank you for allowing us to service your needs.
We look forward to working with you on future projects.
,.
"
_..-.J
-.....
--
J'
CLEARWATER CITY COMMISSION
P '^J L Agenda Cover Memorandum
lIem #
\ 9 Meetlng Dale
\ \. 'Q.o .9 fJ
SUBJECT: Industrial Pretreatment Ordinance, Implementation Program
RECOMMENDA TIONIMOTION: Approve a work order to Post, Buckley, Schuh & Jernigan, the City's
Engineer of Record. in the amount of$90,260 for the development ofa Pretreatment Ordinance for the City, and its
implementation,
[El and Ulnt Ule appropriate officials be authorized 10 C;<CClIlc same.
SUMMARY:
· All owners of publicly owned wastewater treatment plants with a design capacity of five million gallons per day
(mgd) or gre,ater are required to develop and implement an Industrial Pretreatment Program (IFP). (The City's
three AWT facilities are aU five mgd or greater.) This is required by the Florida Department of Environmental
Protection (FDEP) which was delegated permitting authority by the U.S. Environmental Protection Agency (EPA)
to oversee the state's Industrial Pretreatment Programs (IFP).
· The focus of IPP's is protection of the collection system infrastructure, treatment plant equipment, plant
processes. employees, and the citizens of Clearwater. The IFP goal is to reduce the pass-through of hazardous
materials to the environment by eliminating or reducing the admissions of these hazardous materials into the
sewerage system.
· The scope of work includes the development of a City ordinance that complies with FDEP regulations for
commission approval as well as assistance to City staff in the implementation of an IFP. Post, Buckley will also
coordinate ordinance preparation and IFP implementation between the City of Clearwater, the City of Safety
Harbor and (FDEP).
. Funding for the project will be provided by the existing balance of $25,737 in Capital Improvement Project, 315-
96655. WPC Pretreatment Program and a transfer at first quarter FY 97/98 from sewer revenues in 315-96654, AWT
Facifities of $64,523 to project 315"96655, to complete necessary funding.
WORK ORDER AVAILABLE IN CITY CLERK DEPARTMENT
Reviewed by: Originating Dopt. Costs: $90.260 Commission Action
User Dept.
(Current FYI X Approved
Funding Source: Approved
w/conditions
Capt. Imp. X
Denied
Operating
Cont'd to
Other
Budget
~
~
Engineering
Legal
Purchasing
Engineering
Risk Mgmt.
N/A
Advertlsod:
IS
N/A
Date:
ACM
it
Paper:
ENG.
Not required: X
Submlttod By:
Affected parties
notified
Appropriation Code(51
Attachments:
OTHER
315.96656-561300-536-0QO
City Manager
Not Required
X
Prctrl:lIlmcnl orl1.II&I1
.~,,~:,:,(,I..............>WiI~~ti.wJ..,..t: 'J'. , ..
':" :,\.,
....&..... ..A
.bJ!l b..-M
----odl.....
--
I'
.' .. . . 0 ~ .', '
. ~ .. '. '. , .' ..
'p vJ 1-
\9
CITY OF CLEARWATER
ENGINEERING DEPARTMENT
PBS&J WORK ORDER INITIATION FORM
Date: September 16. 1997
PBS&} Project No.
City Project No. PT3-092397
I. PROJECT TITLE:
Industrial Pretreatment Ordinance. Implementation Program
2. ~COPE OF WORK:
See attached Scope of SelVices.
. 3. PROJECT GOALS:
The project goals for this program are:
· Identify and notify regulated industries under the pretreatment program
· Develop appropriate and defensible pretreatment limits
· Develop institutional components of the City's pretreatment ordinance
· Develop and implement an appropriate pretreatment program
4. BUDGET:
A maximum budget of $90.260 has been established for this assignment.
S. SCHEDln..E:
Task 1:-
Development of regulated industry inventory . . . . . . . . . . .. 4 weeks
Notification of regulated industries ................... 1 week
Task 2:
Develop LLlDS models ......................... 3 weeks
Develop pretreatment limits ...................... 2 weeks
Task 3:
Investigate other existing programs ................. 3 weeks
Develop pretreatment program procedures ............. 3 weeks
Develop annual program cost estimates ............... 2 weeks
Task 4:
Develop ordinance from EP A Model Ordinance ......... 6 weeks
Multi-jurisdictional agreement with Safety Harbor ........ 6 weclcs
Program implementation assistance ................. 8 weeks
y:'(DOOl(UWATD.\wtlUOktJIDP.V),WO
.. 1 ..
j'
. ~ ~ c...' ,
\~
6. ~BS&J STAFF ASSIGNMENTS;
Steve Lienhart
). Thomas Hall
877-7272, extension 531
877-7275, extension 503
7. CORRESPONDENCEl REPORTING paOCEDURES~
Correspondence will be sent to Joseph Rectenwald. Copies of all correspondence will be
sent to Richard Baier.
8. INVOIC{NGIFUNDING PROCEDURE$:
The budget for this work is a maximum of $90,260 based on actual time and direct
reimbursable costs expended. Invoicing method A, Cost Time Multiplier Basis shall be
used.
City Invoicing Code: 31~-QF.hC:;C:;-C:;h1 ~OO-S15-000
9. ~PECIAL CQNSrDERA nONS;
A. City staff will provide background data for wastewater composition characteristics
and wastewater treatment process parameters as needed to initially develop the
LLIDS models.
B. PBS&J will make adjustments as requested by Safety Harbor to the LLIDS models
and the underlying assumptions used in the development of the pretreatment limits
only upon the approval of Clearwater Staff.
-
C. The multi-jurisdictional agreement with Safety Harbor will be prepared by the City
Legal Department. PBS&] will provide review and provide input and comment
limited to the technical aspects of the program.
D. PBS&J will not provide any legal services. legal interpretations or legal opinions in
conjunction with the development of the pretreatment ordinance or the
. multijurisdictional agreement PBS&J's responsibilities in the development process
will be limited to technical aspects.
E. Clearwater will be responsible for all matters requiring legal services. legal
interpretations or legal opinions related to the development of the pretreatment
ordinance or the multijurisdictional agreement.
F. Clearwater will provide all meeting facilities, audio-video equipment and formal
meeting notices for the two meetings with the regulated industrial facilities.
Y~WA1D\WOUClllYm.VJ.WO
-2-
-. ~"'
.'
1-.....
11
.
r~,~"'rrl.. 1,.'~~.' 1',' ~'.~,...~..._.",,~~. ,,_I...,-~~'ir-.......'~l>.':;'H''':"t'~'''l''I'''''''.)~ ';", '"'''''' .'
.,' T'
.. ,
'"'.
. d. ..
'.'
! .
! " 1
t '. .
I'.: " .
. .
I.... .'. .
,.
,
'.J
10. PROJECT COMPLETION }tEP.CJB.n
.-
. T' ~
Within forty (40) weeks of the receipt of the signed work order. .
, .
PREPARED BY:
CITY
I .
~rf" (I)
. D te
Y~W"'1O\~otD'D'P""J.WO '
PBS&J
-3-
\~
'f- 1$'97
Date
-
1<
8)
Qf\ ~
Clearwater City Commission
Agenda Cover Memorandum
~o Item#:
Meeting Date:
~
SUBJECT:
Construction Contract for Tenant Buildout at Harborview Center (Pickles Plus Too, Inc.)
RECOMMENDA lION/MOlION:
Award the contract for Pickles Plus Too construction to Macre Construction, Clearwater, Fl, the sole
bidder for $158,400 and approve Change Order #1 which reduces the total contract to $109,898.
l!I and thallhe appropriate officials be authorized to execule same.
BACKGROUND:
A Request for Bid for a qualified General Contractor to construct a Itdeli restaurant" at the Harborview Center was
released July 15, 1997.
Subsequen,t to receiving a bid from Macre Construction, the sole bidder, for $158,400, we entered into
negotiations in an attempt to reduce the cost of the construction. We are pleased to say we have come to an
agreement resulting in the reduced cost of $109,898.
Total budgeted funding necessary includes the contract funding of $109,898, as well as a 10% contingency of
$10,989.80, for a total budget of $120,887.80. Funding in the amount of $37,329 is available in capital project
315~94717, Harborview Center (or this purpose. The balance of $83,558.80 will be provided by a first quarter
budget amendment transferring these funds from the unappropriated balance of the Special Development Fund to
the Harborview project.
A copy of the contract is available in the City Clerk Department.
Reviewed by:
Legal
Budget
Purchasing
Risk Mgmt.
IS
ACM
Other
Originating Department:
Costs:
sUbm~ri v
C~YMi I
o P,lntcd on recyct I>>per
Total
Commission Action:
o Approved
o ApprovL'" w/Condillons
o Denied
o Conllnued 10:
User Deparlment:
General Services
Current Fiscal Year
Advertised:
Date:
Paper:
lC Not Required
Affecred Parties:
lJ Notified
lC Not Required
Funding Source:
D C~plt~1 hnprovementl
o Operolllns:
D Other:
Attachments:
Appropriation Code
o None
D....~..~Uj.i()~JNr~....i~:.:...:. l...~ .......,;:.:,llo... ....... ~ " --
'.. ...... ....~, .,...... '- --,.........-.....,..-...+.
.. .. ..... .... .~. .~ "-,, ~. .'
r-
"
r
i.
C-M 1-
~o
CONSTRUCTION CONTRACT
This FIXED PRICE CONSTRUCTION CONTRACT BETWEEN OWNER AND
CONTRACTOR (the UContract") Is made and entered Into on this 4
day of
N fJ V,
I 1997 by and between City of Clearwater, a municipal
corporation, 112 S. Osceola Avenue, Clearwater, Florida 33756 (the uowner") and
Macre Construction, Inc., 1231 N. Hercules Avenue, Clearwater, Florida 33765 (the
"contractor"). This Contract Is executed under seal, and shall be effectIve on the
date executed by the last party to execute It.
This contract is for the construction of a project identified as Tenant build-out at
Harborview Center to construct the Pickles Plus Too deli restaurant as per the City of
Clearwater Request for Bids (the IlProjectll).
NOW, THEREFORE, In consideration of the mutual promises, covenants and
agreements stated herein. and for other good and valuable consideration, the
sufficiency of which is hereby acknowledged, the parties agree:
1.
DOCUMENTS INCORPORATED BY REFERENCE
.'
This Contract includes the plans and specifications for the Project identified
thereon as such. plus the following (if any): Owners Request for Bid, Contractor's
Response to the Request for Bid, and all Plans, Specifications and Architectural
drawings all of which are hereby Incorporated herein by reference and made a part
hereof. Change Orders Issued hereafter, and any other amendments executed by the
OWner and the Contractor, shall become and be a part of this Contract.
~~'1....I,C.:-t~....t>\.,~."''''''M'''.''.
. ...~............*_~t,,'.'.~.""h"'~''''' ~
r
17
"
2.
REPRESENTATIONS OF THE CONTRACTOR
In order to Induce the Owner to execute this Contract and recognizing that the
Owner Is relying thereon, the Contractor, by executing this Contract, makes the
following express representations to the OWner.
(A) The Contractor Is fully qualified to act as the contractor for the Project and has,
and shall maintain, any and all licenses, permits or other authorizations necessary to act
as the contractor fOf, and to construct, the Project;
(B) The Contractor has become familiar with the Project site and the local conditions,
codes and ordinances under which the Project is to be constructed and operated;
(C) The Contractor has 'received, reviewed and carefully examined all of the
documents which make up this Contract, Including, but not limited to, the plans and
specifications, and has found them in all respects to be complete, accurate, adequate,
consistent, coordinated and sufficient for construction.
3.
INTENT AND INTERPRETATION
With respect to the intent and interpretation of this Contract, the Owner and the
Contractor agree as follows:
(A) This Contract, together with the Contractor's and Surety's performance and payment
bonds for the Project, if any, constitute the enUre and exclusive agreements between the parties
with reference to the Project, and said Contract supersedes any and all prior discussions,
communications, representations, understandings, negotiations or agreements.
(B) Anything that may be required, Implied or Inferred by the documents which make up this
Contract, or anyone or more of them, shall be provided by the Contractor for the Contract price;
(e) Nothing contained In this Contract shall create, nor be Interpreted to create, privity or any
other relationship whatsoever between the Owner and any person except the Contractor;
(D) When a word, term, or phrase Is used In this Contract, It shall be Interpreted or construed
first, as defined herein; second, if not defined, according to Its generally accepted meaning In the
construction Industry; and third, If there Is no generally accepted meaning In the construction
Industry, according to its common and customary usage;
(I!) The words -Includes., or .Includlng-, as used In this Contract, shall be deemed to be
follow~ by the phrase, .without limitation.;
(F) The specification herein of any act, failure, refusal, omission, event, occurrence or
condition as constituting a material breach of this Contract shall not Imply that any other. non.
specified act, failure, refusal, omission, event, occurrence or condItion shall be deemed not to
constitute a material breach of this Contract;
2
_. ...,,',....,_..~i. .', I.........;..J.-...
(0) The Contractor shall have a continuing duty to read, examine, review, compare and
contrast each of the documents which make up this Contract, shop drawings, and other submittals
and shall give written notice to the Owner and the Architect of any conflIct, ambiguity, error or
omission which the Contractor may find with respect to these documents before proceeding with
the affected work. The express or Implied approval by the Owner or the Architect of any shop
drawings or other submittals shall not relieve the Contractor of the continuing duties Imposed
hereby, nor shall any such approval be evidence of the Contractor's compliance with this
Contract The Owner has requested the Architect to only prepare documenm for the Project.
Including the plans and specifications for the Project. which are accurate, adequate, consistent,
coordinated and sufficient for construction. HOWEVER, THE OWNER MAKES NO
REPRESENTATION OR WARRANTY OF ANY NATURE WHATSOEVER TO THE
CONTRACTOR CONCERNING SUCH DOCUMENTS. The Contractor again hereby
acknowledges and represents that It has received, reviewed and carefully examined such
documents, has found them to be complete, accurate, adequate, consistent, coordinated and
sufficient for constructiont and that the Contractor has not, does not, and wlll not rely upon any
representations or warranties by the OWner concerning such documents, as no such
representations or warranties have been or are hereby made;
(H). In the event of any conflict, discrepancy, or inconsistency among any of the documents
which make up this Contract, the following shall control:
(1) As between figures given on plans and scaled measurements, the figures shall
govern;
(2) As between large scale plans and small scale plans, the Jarge scale plans shall
govern;
(3) As between plans and specifications, the requirements of the specifications shall
govern;
(4) As between this dpcument and the plans or specifications, this document shall
govern;
4.
OWNERSHIP OF THE DOCUMENTS WHICH MAKE UP THE CONTRACT
The documents which make up this Contract, and each of them, as well as any other
documents furnished by the Owner, shall remain the property of the Owner. The Contractor shall
have the right to keep one (1) copy of the Contract upon completion of the Project; provided,
however, that In no event shall the Contractor use, or permit to be used, any portion or all of such
Contract on other projects wIthout the Owner's prior written authorization.
5.
CONTRACTOR'S PERFORMANCE
The Contractor shall perform all of the work required, Implied or reasonably Inferable from
this Contract Including. but not limited to, the follOWing:
3
"
:j. .
(A) Construction of the Project;
(8) The furnishing of any required surety bonds and Insurance;
(C) The provision or fumishlng, and prompt payment therefor, of labor, supervision, services,
materials, supplies, equipment, fixtures, appl1ances, facilfUes, tools, transportation, storage,
power, fue', heat, light, coolIng, or other utJIltles, required for construction and all necessary
building permits and other permits required for the construction of the Project;
(D) the creatlon and submission to the Owner of detailed and comprehensive as.bullt
drawings depleting all as-built construction. Said as.built drawings shall be submitted to the
Owner upon final completion of the Project and receipt of same by the Owner shall be a condition
precedent to final payment to the Contractor.
6.
TIME FOR CONTRACTOR'S PERFORMANCE
(A) The Contractor shall commence the performance of this Contract on the date of execution
and shall dlllgenUy continue Its performance to and until final completion of the Project The
Contractor shall accomplish Substantial Completion of the Project within 90 days of Issuance of
the building permit If Contractor completes project In less than 90 days, the contractor shall be
entiUed to a $200 a day credit for each day completed before the 90 days. In no event shall the
credit to contractor for early completion exceed $5,000.
(B) The Contractor shall pay the OWner the sum of Five Hundred Dollars ($250) per day for
each and eveIY calendar day of unexcused delay in achieving Substantial Completion beyond the
date set forth herein for Substantial Completion. Any sums due and payable hereunder by the
Contractor shall be payable, not as a penalty, but as liquidated damages representing an estimate
of delay damages likely to be sustained by the OWner, estimated at the time of executing this
Contract When the Owner reasonably believes that Substantial CompletIon will be unexcusably
delayed, the Owner shall be entitled, but not required, to withhold from any amounts otherwise
due the Contractor an amount then beHeved by the Owner to be adequate to recover liquidated
damages applicable to such delays. If and when the Contractor overcomes the delay In achieving
substantial Completion, or any part thereof, for which the Owner has withheld payment, the OWner
shall promptly release to the Contractor those funds withheld, but not longer applicable, as
liquidated damages;
(C) The term .Substantial Completion., as used herein, shall mean that point at which. as
certified in writing by the Architect, the Project is at a level of completion In strict compliance with
this Contract such that the Owner or its designee can enjoy beneficial use or occupancy and can
use or operate It In all respects, for its intended purpo~.e. Partial use or occupancy of the Project
shall not result In the Project being deemed substantially complete, and such partial use or
occupancy shall not be evidence of Substantial Completion;
(D) Afl fJmltatlons of time .set forth herein are material and are of the essence of this Contract.
4
...~.;..,..i.i~~.Ito:' '.". ;....J ' .. .,,". ,.'
7.
FiXeD PRICE AND CONTRACT PAYMENTS
(A) The Owner shall pay, and the Contractor shall accept, as full and complete payment for
the Contractor's timely performance of Its obHgatIons hereunder the fixed price of One Hundred
Nine Thousand Eight Hundred Seventy-Eight Dollars ($109,878) as described In exhibit B. The
price set forth In this Subparagraph 7(A) shall constltute the Contract Price, which shall not be
modified except by Change Order as provided In this Contract
(B) Within ten (10) calendar days of the effective date hereof, the contractor shall prepare and
present to the Owner the Contractor's Schedule of Values apportioning the Contract Price among
the different elements of the Project for purposes of periodIc and final payment The Contractor's
Schedule of Values shall be presented In whatever format, with such detail, and backed up with
whatever supporting information the Owner requests. The Contractor shall not Imbalance Its
Schedule of Values nor artificially Inflate any element thereof. The violation of this provision by
the Contractor shall constitute a material breach of this Contract The Contractor's Schedule of
Values will be utilized for the Contractor's Payment Requests but shall only be so utilized after it
has been acknowledged In writing by the Owner.
(C) The OWner shall pay the Contract Price to the Contractor upon completion of the Project
subject to the Florida Prompt Payment Act F.S. ~218.70. Payment Request shall be In such
fonnat and include whatever supporting information as may be required by the OWner. therein,
the Contractor may request payment for ninety percent (90%) of that part of the Contract Price
allocable to Contract requirements property provided, labor. materials and equipment property
incorporated in the Project, and materials or equipment necessary for the Project and property
stored at the Project site (or elsewhere if offslte storage Is approved in writing by the Owner), less
the total amount of previous payments received from the Owner, if any. Any payment on account
of stored materials or equipment will be subject to the Contractor providing written proof that the
Owner has title to such materials or equipment and that they are fully insured against toss or
damage. Each such Payment Request shall be signed by the Contractor and shall constitute the
Contractor's representation that the quantity of work has reached the level for which payment Is
requested. that the work has been property installed or performance in strict compliance with this
Contract, and that the Contractor knows of no reason why payment shOUld not be made as
requested. Thereafter. the Owner shall review the payment Request and may also review the
work at the Project site or elsewhere to determine whether the quantity and quality of the work Is
as represented in the Payment Request and Is as required by this Contract The Owner shall
make payment to the Contractor within thirty (30) days following the written approval of each
Payment Request The amount of each such payment shall be the amount approved for payment
less ~uch amounts, If any. otherwise owing by the Contractor to the Owner or which the Owner
shall have the right to withhold as authorized by this Contract The Contractors Payment
Requests shall not preclude the OWner from the exercise of any of Its rights as set forth In
Subparagraph 7(F) hereinbelow. The submission by the Contractor of a Payment Request also
constitutes an affirmative representation and warranty that all work for which the Owner has
previously paid is free and clear of any lien, claIm. or other encumbrance of any person
whatsoever. As a condition precedent to payment, the Contractor shall, If required by the OWner,
also furnish to the OWner properly executed waivers of lien, in a form acceptable to the OWner,
from all subcontractors, materialmen, suppliers or others having lien rights, wherein said
subcontractors. materialmen, suppliers or others having lien rights, shall acknowledge receipt of
all sums due pursuant to all prior payment Requests and waive and relinquish any liens, lien rights
or other claims relating to the Project site. Furthermore. the Contractor warrants and represents
tha~ upon payment of the payment Request submitted, tltle to all work Included In such payment
shall be vested In the OWner;
5
(0) When payment Is received from the Owner, the Contractor shall Immediately pay all
subcontractors, materialment laborers and suppliers the amounts they are due for the work
covered by such paymenl In the event the OWner becomes Informed that the Contractor has not
paid a subcontractort materlalmant laborert or supplier as provided herein, the OWner shall have
the right but not the duty, to Issue future checks and payment to the Contractor of amounts
otherwise due hereunder naming the Contractor and any such subcontractort materialman,
Jaborer, or supplier as joint payees. Such Joint check procedure, If employed by the Owner, shall
create no rights In favor of any person or entity beyond the right of the named payees to payment
of the check and shall not be deemed to commit the OWner to repeat the procedure In the future;
(E) Neither payment to the Contractor, utilization of the Project for any purpose by the OWner,
nor any other act or omission by the Owner shall be Interpreted or construed as an acceptance of
any work of the Contractor not strictly in compliance with this Contract;
(F) The Owner shall have the right to refuse to make payment and, if necessary, may
demand the return of a portion or all of the amount previously paid to the Contractor due to:
(1) The quality of a portion, or all, of the Contractor's work not being In accordance
with the requirements of this Contract;
(2) The quantity of the Contractors work not being as represented In the Contractor's
Payment Request, or othelWlse;
(3) the Contractors rate of progress being such that, In the Owner's opinion,
substantial or final completion, or both, may be unexcusably delayed;
(4) the Contractor's failure to use Contract funds, preViously paid the Contractor by
the Owner, to pay Contractor's Project-related obligations Including, but not limited to,
subcontractors, laborers and material and equipment suppliers;
(5) Claims made, or likely to be made, against the OWner or Its property;
(6) Loss caused by the Contractor;
(7) The Contractor's failure or refusal to perform any of Its obligations to the Owner.
. In the event that the Owner makes written demand upon the Contractor for amounts previously
paid by the Owner as contemplated In this Subparagraph 7(F), the Contractor shall promptly
comply with such demand.
(G) If within thIrty (30) days from the qate payment to the Contractor Is due, the Owner,
without cause or basis hereunder, falls to pay the contractor any amounts then due and payable
to the Contractor, the Contractor shall have the right to cease work until receipt of proper payment
after first providing ten (10) days' written notice of Its Intent to cease work to the Owner. Any
payment not made within thirty (30) days after the date due shall bear Interest at the maximum
rate allowable by law.
{H) When Substantial Complellon has been achieved, the Contractor shall notify the Owner In
writing and shall furnish to the OWner a listing of those matters yet to be finished. The OWner will
thereupon conduct an Inspection to confirm that the work Is In fact substantially complete. Upon Its
confirmation that the Contractors work Is substantially complete, the Owner and Contractor will
thereIn set forth the date of Substantial Completion. If the OWner, through Its Inspection, fails to
find that the Contractor's work Is substantially complete, and Is required to repeat all, or any
portion, of Its substantial Completion Inspection, the Contractor shall bear the cost of such repeat
6
I'
Inspectlon(s) which cost may be deducted by the OWner from any payment then or thereafter due
to the Contractor. Guarantees Bnd equipment warran6es. required by this Contract shall
commence on the date of substantial Completion. Upon Substantial Completion, the Owner shall
pay the Contractor an amount sufficient to Increase total payments to the Contractor to one
hundred percent (100%) of the Contract Price less any amounts attributable to liquidated
damages;
(I) VVhen the Project Is finally complete and the Contractor Is ready for a finallnspectlon. It
shall notify the Owner thereof In writing. Thereupon, the OWner wlll perfonn a finallnspectlon of
the Project If the OWner confirms that the Project Is complete In full accordance with this
Contract and that the Contractor has performed all of Its obligations to the OWner certifying to the
OWner that the Project is complete and the Contractor Is enUUed to the remainder of the unpaid
Contract Price. less any amount withheld pursuant to this Contract If the Architect Is unable to
Issue Its final Approval for Payment and Is required to repeat Its final Inspection of the Project. the
Contractor shall bear the cost of such repeat lnspectlon(s), which costs may be deducted by the
Owner from the Contractor's final payment;
(J) If the Contractor falls to achieve final completion within five days of the date of Substantial
Completion. the Contractor shall pay the Owner the sum of Five Hundred Dollars ($500) per day
for each and every calendar day of unexcused delay In achieving final completion beyond the date
set forth herein for final completion of the work. Any sums due and payable hereunder by the
contractor shall be payable, not as a penalty. but as liquidated damages representing an estimate
of delay damages Ilkely to be sustained by the OWner, estimated at or before the time of
executing this Contract When the Owner reasonably believes that final completion will be
unexcusably delayed, the Owner shall be entitled. but not required, to withhold from any amounts
otherwise due the Contractor an amount then believed by the OWner to be adequate to recover
liquidated damage's applicable to such delays. If and when the Contractor overcomes the delay in
achieving final completion, or any part thereof. for which the OWner has withheld payment. the
OWner shall promptly release to the Contractor those funds withheld. but no longer applicable, as
liquidated damages.
(K) Prior to being entitled to receive final payment, and as a condition precedent thereto. the
Contractor shall furnish the Owner, in the form and manner required by Owner:
(1) An affidavit that all of the contractor's obligations to subcontractors. laborers,
equipment or material suppliers. or other third parties In connection with the Project, have
been paid or otherwise satisfied;
(2) If required by the OWner. separate releases of lien or lien waivers from each
subcontractor. lower tier subcontractor, laborer, supplier or other person or entity who
has. or might have a claim against the Owner or the Owner's property;
(3) If applicable. consent(s) of surety to final payment;
(4) All product warranties. operating manuals. Instruction manuals and other record
documents, drawIngs and thIngs customarily required of the Contractor. or expressly
required herein. as a part of or prior to Project closeout;
(L) The OWner shall, subject to Its rights set forth In Subparagraph 7(F) above, make final
payment of all sums due the Contractor within ten (10) days of the final Approval for Payment
7
(~,~'~.)t~w~l;~'i. ~~~. ,.~~~.., ....~. .
"
.'
8.
INFORMATION AND MATERIAL SUPPLIED BY THE OWNER
(A) The Owner shall furnish to the Contractor, prior to the execution of this Contract, any and
all written and tangible material In Its possession concerning conditions below ground at the site of
the Project Such written and tangible material Is furnished to the Contractor only In oreler to make
complete disclosure of such material as being In the possession of the OWner and for no other
purpose. By furnishing such material. the OWner does not represen~ warrant. or guarantee Its
accuracy either in whole. In part, ImpllcltJy or expllcltJy, or at all, and shall have no liability therefor.
The OWner shall also furnish, If appropriate, the legal description of the Project site. and any
required survey;
(8) The Owner shall obtain all required authorizations, approvals, easements, and the like
excluding the building permit and other permits or fees required of the Contractor by this Contract,
or permits and fees customarily the responslblUty of the Contractor.
(C) The OWner will provide the Contractor one copy of the complete Contrael The
Contractor will be charged and shall pay the Owner copying costs for each addlUonal copy of the
Contract which It may require. .
9.
CEASE AND DESIST ORDER
In the event the Contractor falls or refuses to perform the work as required herein, the
OWner may Instruct the Contractor to cease and desist from performing further work In whole or In
part. Upon receipt of such instruction, the Contractor shall Immediately cease and desist as
Instructed by the Owner and shall not proceed further until the cause for the Owner's Instructions
has been corrected. no longer exists, or the Owner Instructs that the work may resume. In the
event the Owner Issues such Instructions to cease and desist. and In the further event that the
Contractor falls and refuses within seven (7) days of receipt of same to provide adequate
assurance to the Owner that the cause of such Instructions wUl be elimInated or corrected, then
the Owner shall have the right. but not the obligation, to carry out the wor1( with Its own forces, or
with the forces of another contractor, and the Contractor shall be fully responsible and liable for
the costs of perfonning such work by the Owner. The rights set forth herein are In addition to. and
without prejudice to, any other rights or remedies the OWner may have against the Contractor.
10.
DUTIES, OBLIGATIONS AND RESPONSIBILITIES OF THE CONTRACTOR
In addItion to any and all other duties, obligations and responsibilities of the Contractor set
forth In this Contract, the Contractor Shall have and perform tho following duties, obligations and
responslblHtles to the Owner:
(A) The Contractor Is again reminded of Its continuing dutJes set forth In Subparagraph 3(G)
which are by reference hereby Incorporated In this Subparagraph 10(A). The Contractor shall not
perfonn work without adequate plans and specifications, or, as appropriate, approved shop
drawings, or other submittals. If the Contractor performs work knowing or believing It Involves an
error, Inconsistency or omission In the Contract without first provIding written notice to the
8
I.
Architect and OWner, the Contractor shall be responsible for such work and pay the cost of
correcting same;
(8) All work shall strictly conform to the requirements of this Contract;
(C) The work shall be strictly supervised. the Contractor bearing full responsibility for any and
all acts or omissIons of those engaged In the work on behalf of the Contractor;
(0) The Contractor hereby warrants that all labor furnished under this Contract shall be
competent to perform the tasks undertaken, that the product of such labor shall yield only first-
class results, that all materials and equipment provided shall be new and of hIgh quality. that the
completed work will be complete. of high qual1ty. without defects, and that all work strictly
complies with the requirements of this Contract Any work not strictly complying with the
requirements of this Subparagraph shall constitute a breach of the Contractor's warranty;
(E) The Contractor shall obtain and pay for all required permits, fees and licenses customarily
obtained by the Contractor. The Contractor shall comply with all legal requirements applicable to
the work.
(F) The Contractor shall employ and maintain at the ProIect site only competent supervisory
personnel.
(G) The Contractor, within fifteen (15) days of commencing the work, shall provide to the
OWner. and comply with, the contractor's schedule for completing the work. Such schedule shall
be In a form acceptable to the OWner. The Contractor's schedule shall be updated no less
frequently than monthly (unless the parties otherwise agree in wriUng) and shall be updated to
reflect conditions encountered from time to time and shall apply to the total Project Each such
revision shall be furnished to the Owner. Strict compliance with the requirements of this
Subparagraph 1 CI(G) shall be a condition precedent to payment to the Contractor, and fanure by
the Contractor to strictiy comply with said requirements shall constitute a material breach of this
Contract;
(H) the Contractor shall keep an updated copy of this Contract at the site. Additionally. the
contractor shall keep a copy of approved shop drawings and other submittals. All of these Items
shall be available to the Owner at all regular business hours. Upon final completion of the work, all
of these Items shall be finally updated and provided to the Owner and shall become the property
of the OWner;
(I) Shop drawings and other submittals from the Contractor do not constitute a part of the
Contract The Contractor shall not do any work requiring shop drawings or other submittals
unless such shall have been approved in writing by the architect. All worl< requiring approved
shop drawings or other submittals shall be done In strict compliance with such approved
documents. However, approval by the Owner shall not be evidence that work Installed pursuant
thereto conforms with the requirements of this Contract The Owner shall have no duty to review
partial submittals or Incomplete submittals. The Contractor shall maintaIn a submittal log which
shall Include. at a minimum, the date of each submittal. the date of any resubmlttal, the date of
any approval or rejection. and the reason for any approval or rejection. The Contractor shall have
the duty to carefully review, Inspect and examine any and all submittals before submission of
same to the Owner.
(J) The Contractor shall maintain the Project site In a reasonably clean condit/on during
perfoll11ance of the work. Upon tinal compleUon, the Contractor shall thoroughly clean the Project
site of all debris, trash and excess materials or equipment;
9
~
"
~,I , <
. . , " '.~ . . .. . I
,.'., , .t
(K) At all times relevant to this Contract, the Contractor shall permIt the Owner to enter upon
the Project site and to review or Inspect the work without formal1ty or other procedure.
11.
INDEMNITY
The Contractor shall indemnify and hold the Owner harmless from any and aU
claims, liability, damages, loss, cost and expense of every type whatsoever Including,
without limitation, attorneys' fees and expenses, in connection with the Contractor's
performance of this Contract. provided that such claims, !lability, damage, loss, cost or
expense Is due to sickness, personal injury, disease or death, or to loss or destruction of
tangible property (other than the work itself), including loss of use reSUlting therefrom, to
the extent caused by the Contractor, or anyone for whose acts the Contractor may be
liable, regardless of whether such liability, claim, damage, loss, cost or expense Is
caused in party by the Owner.
12.
THE PROJECT MANAGER
I
I
The manager for this Project Is Rick Hedrick, Assistant City Manager (IIProJect
Manager"), or his designee. Unless otherwise directed by the Owner in writing, the
Project Manager will perform those duties and discharge those responsibilities allocated
to the Owner in this Contract.
13.
CLAIMS BY THE CONTRACTOR
Claims by the Contractor against the Owner are subject to the following terms
and conditions: .
(A) All Contractor claims against the Owner shall be Initiated by a written claim
submitted to the OWner and the Architect no fater than seven (7) calendar days after the
event, or the first appearance of the circumstances, causing the claim, and same shall
set forth In detail all known facts and circumstances supporting the claim;
(B) The Contractor and the Owner shall continue their performance hereunder
. regardless of the existence of any claims submitted by the Contractor;
(C) In the event the Contractor discovers previously concealed and unknown site
conditions which are materially at variance from those. typically and ordinarily
. encountered In the general geographical location of the Project, th4e Contract Price
shall be modified, either upward or downward, upon the written claim made by either
party within seven (7) calendar days atter the first appearance to such party of the
circumstances. As a condition precedent to the OWner having any liability to the
Contractor due to concealed and unknown conditions, the Contractor must give the
OWner and the Architect written notice of, and an opportunity to observe, such condition
10
I
l~J,.\~uv..:,-;, f ".,."...'"'' ,,",
"
. .." ," ,
prior to disturbing it. The failure by the Contractor to give the written notice and make
the claim as provided by this Subparagraph 13(C) shall constitute a waiver by the
Contractor of any rights arising out or relating to such concealed and unknown
condition;
(0) In the event the Contractor seeks to make a claim for an Increase In the Contract
Price, as a condition precedent to any lIablllty of the Owner therefor, the Contractor shall
strictly comply with the Requirements of Subparagraph 13(A) above and such claim
shall be made by the Contractor before proceeding to execute any additional or
changed work. Failure of the condition precedent to occur shall constitute a waiver by
the Contractor of any claim for additional compensation;
(E) In connection with any claim by the Contractor against the Owner for
compensation in excess of the Contract Price, any liability of the Owner for the
Contracto~s cost shall be strictly limited to direct cost incurred by the Contractor and
shall in no event Include Indirect cost or consequential damages of the Contractor. The
OwnershalJ not be liable to the Contract for claims of third-parties Including
subcontractors. unless and until liability of the Contractor has been established therefor
In a court of competent jurisdiction;
(F)' In the event the Contractor should be delayed in performing any task which at
the time of the delay is then critical, or which during the delay becomes critical, as the
sole result of any act or omission by the Owner or someone acting In the OWner's
behalf. or by Owner-authorized Change Orders, unusually bad weather not reasonably
anticlpatable, fire or other Acts of God, the date for achieving Substantial Completion, or
as applicable. final completion. shall be appropriately adjusted by the Owner upon the
written claim of the Contractor to the Owner. A task is critical within the meaning of this
Subparagraph 13(F) if, and only if, said task Is on he critical path of the Project schedule
so that a delay in perfonning such task will delay the ultimate completion of the Project.
Any claim for an extension of time by the Contractor shall strictly comply with the
requirements of Subparagraph 13(A) above. If the Contractor fails to make such claim
as required in this Subparagraph 24(F), any claim for an extension of time shall be
waived.
14.
SUBCONTRACTORS
Upon execution of this Contract. the Contractor shall identify to the Owner, in
writing, those parties intended as subcontractors on the Project. The Owner shall, In
writing. . state any objections the Owner may have to one or more of such
subcontractors. The Contractor shall not enter Into a subcontract with an intended
subcontractor with reference to whom the Owner objects. All subcontracts shall afford
the Contractor rights against the subcontractor which correspond to those rights
afforded to the Owner against the Contractor herein, including those rights of Contract
termination as set forth hereinbelow.
11
..-....: ~.'..I.. ~ 1. ;'~):r~ II\~"~/ ~ .::. , ~.; ..; ';.' i ~t~. "'" , .
; " I'~' <'
15.
CHANGE ORDERS
One or more changes to the work within the general scope of this Contract, may
be ordered by Change Order. The Contractor shall proceed with any such changes.
and same shall be accomplished In strict accordance with the following terms and
conditions:
(A) Change Order shall mean a written order to the Contractor executed by the
OWner after execution of this Contract. directing a change in the work and may include a
change In the Contract Price or the time for the Contractor's performance, or any
combination thereof;
(8) Any change in the Contract Price resulting form a Change Order shall be
detennined as follows:
(1) By mutual agreement between the Owner and the Contractor as evidenced
by (a) the change in the Contract Price being set forth in the Change Order, (b)
such change in the Contract Price, together with any conditions or requirements
relating thereto, being initialed by both parties and (c) the Contractor's execution
of the Change Order; or,
(2) If no mutual agreement occurs between the OWner and the Contractor, the
change in the Contract Price, if any, shall be derived by determining the
reasonable actual costs incurred or savings achieved. resulting from revisions in
the work. Such reasonable actual costs or savings shall include a component for
direct jobsite overhead and profit but shall not include home-office overhead or
other Indirect costs or components. Any such costs or savings, shall be
documented in the format, and which such content and detail as the Owner
requires.
.
(C) The execution of a Change Order by the Contractor shall constitute conclusive
evidence of the Contractor's agreement to the ordered changes in the work, this
Contract as thus amended, the Contract Price and the time for performance by the
Contractor. The Contractor, by executing the Change Order, waives and forever
releases any claim against the Owner for additional time or compensation for matters
relating to or arising out of or resulting from the work Included within or. affected by the
executed Change Order; .
(D) . The Contractor shall notify and obtaIn the consent and approval of the
Contractor's surety with reference to all Change Orders If such notice, consent or
approval are required by the Owner, the Contractor's surety or by law. .The Contractor's
execution of the Change Order shall constitute the Contractor's warranty to the Owner
that the surety has been notified of, and consents to. Such Change Order and the surety
shall be conclusively deemed to have been notified of such Change Order and to have
expressly consented thereto.
12
_...........~~I...~.i.;:~~,~~l.I.,l;.. . T::' :....' , .:l..' ,<.J+"".~'
I'
..',"" ',.
16.
DISCOVERING AND CORRECTING DEFECTIVE OR INCOMPLETE WORK
(A) In the event that the Contractor covers, conceals or obscures its work in violation
of this Contract or In violation of a directive from the Owner, such work shall be
uncovered and displayed for the Owners Inspection upon request, and shall be
reworked at no cost in time or money to the OWner;
(B) " any of the work Is covered. concealed or obscured In a manner not covered by
Subparagraph 16(A) above, it shall, if directed by the Owner be uncovered and
displayed for the Owner's Inspection. If the uncovered work conforms strictly with this
Contract, the costs incurred by the Contractor to uncover and subsequently. replace
such work shall be borne by the Owner. Otherwise, such costs shall be borne by the
Contractor;
(e) The Contractor shall, at no cost in time or money to the OWner, correct work
rejected by the OWner as defective or falling to conform to this Contract. Additionally,
the Contractor shall reimburse the Owner for all testing. Inspections and other expenses
incurred as a result thereof;
(D) In additional to its warranty obligations set forth elsewhere herein, the Contractor
shall be specifically obligated to correct any and all defective or nonconforming work for
. a period of twelve (12) months following final completion upon written direction from the
OWner.
(E) The Owner may, but shall In no event be required to, choose to accept defective
or nonconfonnlng work. In such event, the Contract Price shall be reduced by the
greater of (1) the reasonable costs of removing and correcting the defective or
nonconforming workt and (2) the difference between the fair market value of the Project
as constructed and the fair market value of the Project had It not been constructed In
such a manner as to Include defective or nonconforming work. If the remaining portion
of the unpaid Contract Price, if any, Is insufficient to compensate the Owner for the
acceptance of defective or nonconforming work, the Contractor shaUl upon written
demand from the OWner, pay the Owner such remaining compensation for accepting
defective or nonconforming work.
17.
TERMINATION BY THE CONTRACTOR
If the OWner repeatedly fails to perform its material obligations to the ,Contract for
a periOd of thirty {3D} days after receiving written notice from the Contractor of its Intent
to terminate hereunder. the contractor may tennlnate performance under this Contract
by written notice to the Owner. In such event, the Contractor shall be entitled to recover
from the Owner as though the Owner had terminated the Contractor's performance
under this Contract for convenience pursuant to Subparagraph 19{A} hereunder.
13
"
18.
OWNER'S RIGHT TO SUSPEND CONTRACTOR'S PERFORMANCE
(A) The OWner shall have the right at any time to direct the Contractor to suspend its
performance, or any designated part thereof, for any reason whatsoever, or without
reason, but a cumulative period of up to thirty calendar days. If any such suspension Is
directed by the Owner, the Contractor shall Immediately comply with same;
(8) In the event the Owner directs a suspension of performance under this
Paragraph 18, through no fault of the Contractor, the Owner shall pay the Contractor as
full compensation for such suspension the Contractor's reasonable costs, actually
incurred and paid, of:
(1) demobilization and remobllizatlon, including such costs paid to
subcontractors;
(2) preserving and protecting work In place;
(3) . storage of materials or equipment purchased for the Project, Including
insurance thereon;
(4) performing In a later, or during a longer, time frame than that
contemplated by this Contract.
19.
TERMINATION BY THE OWNER
The OWner may tenninate this Contract in accordance with the following terms
and conditions:
(A) ,The OWner may, for any reason whatsoever, terminate performance under this
Contract by the Contractor for convenience. The Owner shall give written notice of such
termination to the Contractor specifying when termination becomes effective. The
Contractor shall incur no further obligations in connection with the work and the
Contractor shall stop work when such termination becomes effective. The Contractor
shall also terminate outstanding orders and subcontracts. The Contractor shall settle
the liabilities and claims arising out of the termination of subcontracts and orders. The
OWner may direct the Contractor to assign the Contractor's right, title and interest under
termination orders or subcontracts to the Owner or its designee. The Contractor shall
transfer title and deliver to the Owner such completed or partially completed work and
materials, equipment, parts, fixture, informatron and Contract rights as the Contractor
has. When terminated for convenience, the Contractor shall be compensated as
follows:
(1) The Contractor shall submit a termination claim to the Owner and the
Architect specifying the amounts due because of the termination for convenience
14
I.
together with costs, pricing or other data required by the Owner or the Architect.
If the Contractor fails to file a termination claim within one (1) year from the
effective date of termination, the Owner shall pay the Contractor, an amount
derived in accordance with Subparagraph (3) below;
(2) The OWner and the Contractor may agree to the compensation, if any,
due to the Contractor hereunder;
(3) Absent agreement to the amount due to the Contractor, the Owner shall
pay the Contractor the following amounts:
(a) Contract prices for labor, materials, equipment and other services
accepted under this Contract;
(b) Reasonable costs incurred in preparing to perform and In
performing the terminated portion of the work, and in terminating the
Contractor's performance, plus a fair and reasonable .allowance for direct
jobslte overhead and profit thereon (such profit shall not include
anticipated profit or consequential damages); provided however, that if It
appears that the Contract would have not profited or would have
sustained a loss if the entire Contract would have been completed, no
profit shall be allowed or Included and the amount of compensation shall
be reduced to reflect the anticipated rate of loss, if any;
(c) Reasonable costs of settling and paying claims arising out of the
termination of subcontracts or orders pursuant to Subparagraph 19(A) of
this Paragraph. These costs shall not include amounts paid in
accordance with other provisions hereof.
The total sum to be paid the Contractor under this Subparagraph 19(A) shall not
exceed the total Contract Price, as properfy adjusted, reduced by the amount of
payments otherwise made, and shall in no event Include duplication of payment.
(B) If the Contractor does not perform the work, or any part thereof, in a timely
manner, supply adequate labor, supervisory personnel or proper equipment or
materials, or if it fails to timely discharge its obligations for labor, equipment and
materials, or proceeds to disobey applicable law, or other wise commits a violation of a
material provision of this Contract, then the Owner, in addition to any other rights it may
have against the Contractor or others, may terminate the performance of the Contractor
and assume possession of the Project site and of all materials and equipment at the site
and may complete the work. In such case, the Contractor shall not be paid further until
the work is complete. After final completion has been achieved, if any portion of the
Contract Price, as It may be modified hereunder, remains after the cost to the OWner of
completing the work, including all costs and expenses of every nature Incurred, has
been deducted by the Owner, such remainder shall belong to the Contractor.
Otherwise, the Contractor shall pay and make whole the Owner for such cost. This
obligation for payment shall survive the termination of the Contract. In the event the
employment of the Contractor Is terminated by the Owner for cause pursuant to this
Subparagraph 19(8) and It Is subsequently determined by a Court of competent
15
~lJI....~ll.,.~l.';" ". .>,' ~... ..
-
;,
together with costs, pricing or other data required by the OWner or the Architect.
If the Contractor fails to file a termination claim within one (1) year from the
effective date of termination, the OWner shall pay the Contractor, an amount
derived In accordance with SUbparagraph (3) below;
(2) The OWner and the Contractor may agree to the compensation, if any.
due to the Contractor hereunder;
(3) Absent agreement to the amount due to the Contractor, the OWner shall
pay the Contractor the following amounts:
(a) Contract prices for labor. materials. equipment and other services
accepted under this Contract;
(b) Reasonable costs incurred in preparing to perform and. in
performing the terminated portion of the work, and in terminating the
Contractor's performance, plus a fair and reasonable allowance for direct
jobsite overhead and profit thereon (such profit shall not include
anticipated profit or consequential damages); provided however. that if it
appears that the Contract would have not profited or would have
sustained a loss If the entire Contract would have been completed. no
profit shall be allowed or included and the amount of compensation shall
be reduced to reflect the anticipated rate of loss. if any;
(c) Reasonable costs of settling and paying claims arising out of the
termination of subcontracts or orders pursuant to Subparagraph 19(A) of
this Paragraph. These costs shall not include amounts paid In
accordance with other provisions hereof.
The total sum to be paid the Contractor under this Subparagraph 19(A) shall not
exceed the total Contract Price, as properly adjusted. reduced by the amount of
payments otherwise made, and shall In no event include duplication of payment.
(B) If the Contractor does not perform the work, or any part thereof, in a timely
manner, supply adequate labor. supervisory personnel or proper equipment or
materials, or if it fails to timely discharge its obligations for labor, equipment and
materials, or proceeds to disobey applicable law. or other wise commits a violation of a
mate~al provision of this Contract, then the Owner. In addition to any other rights it may
have against the Contractor or others, may terminate the performance of the Contractor
. and assume possession of the Project site and of all materials and equipment at the site
and may complete the work. In such case, the Contractor shall not be paid further until
the work is complete. After final completion has been achieved. If any portion of the
Contract Price, as it may be modified hereunder. remains after the cost to the OWner of
completing the work, including all costs and expenses of every nature incurred. has
been deducted by the Owner. such remainder shall belong to the Contractor.
Otherwise, the Contractor shall pay and make whole the Owner for such cost. This
obligation for payment shall survive the termination of the Contract. In the event the
employment of the Contractor is terminated by the Owner for cause pursuant to this
Subparagraph 19(8) and it is subsequently determined by a Court of competent
15
~~~~.J.'.:.:.~'i::"'::'.. i.. ' ' "L....i"~~,..
...
"
.
".". ~...'
";- -':"
Jurisdiction that such termination was without cause, such tennlnatlon shall thereupon be
deemed a Termination for Convenience under Subparagraph 19(A) and the provisions
of Subparagraph 19(A) shall apply.
20.
INSURANCE
The Contractor shall have and maJntain insurance in accordance with the
requirements of Exhibit MA: attached hereto and Incorporated herein by reference.
21.
SURETY BONDS
----...... ......---
lbe Contractor shall furnish separate performance and payment' bonds to the
Owner. Each bond shan set forth a penal sum in an amount not less than the Contract
Price. Each bond furnished by. the Contractor shall Incorporate by reference the terms
of this Contract as.fuUy.ss"though they were set forth verbatim In such bonds. In the
event. tho-oontraCt Price Is adjusted by Change Order executed by the Contractor, the
----penal sum of both the performance bond and the payment bond shall be deemed
Increased by like amount. The performance and payment bonds furnished by the
Contractor shall be In form suitable to the Owner and shall be executed by a surety, or
sureties, reasonably acceptable to the Owner.
22.
PROJECT RECORDS
All documents relating in any manner whatsoever to the Project. or any
designated portion thereof. which are in the possession of the Contractor, or any
subcontractor of the Contractor. shall be made available to the Owner for inspection and
copying upon written request by the Owner. Furthermore, said documents shall be
made available, upon request by the Owner. to any state. federal or other regulatory
authority and any such authority may review. inspect and copy such records. Said
records include. but are not limited to. all drawings. plans, specifications, submittals,
correspondence, minutes. memoranda, tape recordings, videos. or other writings or
,things which document the Project. its design. and its construction. Said records I
expressly include those documents reflecting the cost of construction to the Contractor.
.. The Contractor shall maintain and protect these documents for no less than four (4)
years after final completion of the Project. or for any longer period of time as may be
required by law or good construction practice.
16
~~"'-:~ff~'JtA,,:-\+\..'~;~"'~~ 'f~'''''-'
-
i'
>.'..I.",.,...1:.;)...r.....~..41'l-/('.:~d..l:.+,\jc,..>.1::."t'c'~~"."" 1 ~ , . ~
23.
APPLICABLE LAW AND ATTORNEYS FEES
The .Iaw Is hereby agreed to be the law of the State of Florida in a court of
competent jurisdiction in Plnellas County. In the event either party employs an attorney
to enforce any portion of this Contract, the prevailing party shall be entitled for
reimbursement for its attorneys fees, costs and expenses .as determined by a court of
, competent jurisdiction.
24.
SUCCESSORS AND ASSIGNS
Each party binds itself, Its successor, assigns. executors, adminIstrators or other
representatives to the other party hereto and to successors, assigns, executors.
administrators or other representatives of such other party in connection with alf tenns
and conditions of this Contract. The Contractor shall not assign this contract .without
prior written consent of the Owner.
OWNER
CITY OF CLEARWATER. FLORIDA
CONTRACTOR
By:
Michael J. Roberto, City Manager
By:
Its: ra.24
, COUNTERSIGNED:
Rita Garvey, Mayor~City Commissioner
ATTEST:
Cynthia E. Goudeau, City Clerk
APPRqVED AS TO FORM:
ohn Carassas, Assistant City Attorney
17
- .---,n
J.
" .
l' '. '.
EXHJ:BIT A
INSURANCE REQUIREMENTS
The bid will procure and maintain the fol1owinq insurance
coverage:
1. Workers' Compensation and Employers' Liability--the
bidder shall procure and maintain for the life of this
purchase order, Worxers' Compensation Insurance covering
all employees with limits meeting all applicable state
and federal laws. This coverage shall include Employers'
Liabil i ty with limits meetinq all applicable s ta te and
federal laws.
2. General Liability--The bidder shall procure and maintain,
for the life of this purchase order, General Liability
Insurance. This coverage shall be on an 'Occurrence'
basis and shall. include: Premises and Operations 1
Independent Contractors 1 Products and Complete Operations
and Contractual Liabili ty. Coverage shall. be no. more
restrictive than the latest edition of the Commercial
General Liability policies of the Insurance Services
Office.
This policy shall provide coverage for death, bodily
injury, personal injury or property damage that could
arise directly or indirectly from the performance of this
'. purchase order.
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 be included
Additional Insured under the
insurance~
and identified as
policy/certificate
an
of
3. Bus!ness Automobile Liabllity--The Bidder .shall procure
and maintain, for the life of the purchase order,
Business Automobile Liability Insurance.
The minimum limits of coverage shall be $300,000 Per
Occurrence. Combined Single Limit for Bodily Injury
Liabill ty and Property Damage Liabil! ty. This coverage
shall be an "Any Auto" type policy. Coverage shall be no
more restrictive than the latest edition of the Business
Automobile Policies of the Insurance Services Office.
4. Indemnity--The bidder shall defend, indemnify, save and
hold the City harmless from any and all claims, suits,
judgements and liability for death, personal injury,
bodily injury or property damage arising directly or
indirectly from the performance of this purchase order by
bidder, its employees, subcontractors or assiqns,
including legal fees, court costs, or other legal
expenses. The bidder acknowledges that it is solely
responsible for complying with the terms of the purchase
order .
......._\1..., ~~1.J:'.~1~_!~j~1 I..-,]:~~.P~'~" c..,.,......'....
, c
,.. {'>"".-.
. I
;::
i'
.
~,. },~ :'~".I~.~:~":~;"r:<~':i~;": ".,..~ ,.<','~'1: .r.t.,>
S. pupolemental Provisione
The insurance coverages and conditions afforded by
this policy shall not be 8uspended, voided, cancelled .
or modified except after thirty (30) days prior
written notice by certified mail return receipt
requested has been given to the City's Risk
Management Office.
b) CertificAt.t;!8 of Insurance me~tlng the spec.t.fic
required insurance provision. specified wi thin the
. purchase order shall be forwarded to the City's Riak
MAnagement Office and approved prior to start of any
work. After review, the CertificAte will be filed
wi th the Purchasing Office as a apart of the original
purchase order.'
A)
c)
Receipt and acceptance of a bidder' 8 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 the
purchase order.
The Ci ty may at its option require a copy of the
bidder's insurance policies.
All insurance policies required wi tb this purchase
order shall provide full coverage from the first
dollar of exposure unless otherwise stipulated. No
deductibles will be accepted without prior approval
f...nm +.h" Ci tv.
d)
e) ,
..-....~.~..i ~~;\t1.\.\'~;:',-_~' I .~, '.l' ~ '.:. ", ~~,....,t........ ",..~ ~,~.
'n_,~_ ....._......~__~~,...
. ---..._-.'"'....1-.lw~.. '. < . ",>
. . . Il~...,..~......................_.~l....., .~.~.
r.
-----------
. ; ::. ~', . ' , ~ 'l
l'
.
'. .
.". ";';,-<:"./II.r.?'''~~..~'ii-\j,o.......~....._.-'4'''''_'''' ~'H'" ....+,.;(\'I:r:..~:::;';,'~ "~""\'\.,'c';I,.:...-t' ,......":......1- ~~....;;:. ., .
CITY OF CLEARWATER
TENANT BUILD-OUT .-. HARBORVIEW CENTER
TENANT CITY
General $ 5,850.00 $ 25,983.00
Demolition -0- 1,600.00
Cut & Patch M~PS -0- 582.00
Concrete -0- 4,016.00
Miscellaneous Metals 150.00 -0-
. Rough.& Finish Carpentry 2,224.00 -0-
Cabinets (By Owner). -0- -0-
.1" , Caulking , -0- 583.00
. Fire Caulking Allowance -0- .640.00
Doors/Frames/Hardware 620.00 -0-
Metal Framing/Drywall/Insulation 5,452.00 8,950.00
;, Acoustical Ceilings & Insulation -0- 4,409.00
, ..
" Plastic Eggcrate 131.00 131. 00
VCT /Flooring/Base -0- 476.00
Floor Prep -0- ' 800.00
.. Painting 420.00 1,416.00
EpoXy Flooring -0- 1,755.00
Fire Extinguisher (By Owner) -0- -0-
, . Plumbing 4,482.00 8,725.00
GaS .Piping -0- 500.00
Roof Patch (By Owner) -0- -0-
Fire Sprinkler 2,683.00 550.00
HVAC -0- 10,900.00
Electrical 13,176.00 1,722.00
Bond -0- 1,103.00
1;" .
,
Subtotal $ 35,188.00 $ 74,710.00
. , (25,000.00) 25,000.00
' ..
TOTAL $ 10,188.00 $ 99,710.00
. Contingency $ 1,018.00 $ 9,971.00
.\
.,
i~' .
,r ~' .
_~;~.f\.Ilt'.,.\.-"""-_..~.~... .....~...._._..,..._~...........~~ ~-
.~...~.............~., .,...1. I..l,.~.
'~:jln{'~~:: ;;;:;~;~;i'['{:(,;(: .;~ (::~f:::j~f:~~;' :::~,~;:,::~..':-,; :
'';
. ~.., .. ~ . \
.'
'.'
"
..\.:..
1 '
~ /'..
c <.
\. . ~
, :...
, ,p'
t: .. ~ ~
. . ~', '>
.,.
. ,";.
~ .~ . '.' . ,
-t.:,
,
I}.,
~ .'
~ .
,.
.: ".,.,<;:.,..,.:,';,;,,;;:,:;/;.~~'I~i/::',,:...':>~;.'i:.<>:':.X:~'>l:""':"". . '.' .
"" . "'.^.""";",\"~'~i."II~"'-":;~iI ,..";~i1i~ \l(.;""l,"'~r.~~"! ",'/'''',"".".". ,. '.
~:;.; ",-i"\.lliit.~::'{r\~~~i,)'" ;i"V~..~'~"l.~" '.!~~ Vo .~. !~;X1;~-'.I~" ~J""'~~lr'~':r; t"foIL~f i, t:'" ..i'~' ~~'..,. \ ~:: ~'r, . " ..' . ~
. l.~{~..... ".; ~'.t.~rl~" r., 1 .~. r.~...~~r I ft' "',,"::+' ,:,.l.l"!'j)f. T;,\'J';~ :).1.."".; J<l11~'" ;- >"".01 q ,,,. "
;! (',It ~ ~ :"; :'~~}(f1F ~\~~rt;fr:il~~I~l':'~~~~~f'llt~} ~ ~~~ ~t~t~';~r:~} ~i'1~~it:k.t, !;~:~:!r,;)'" J,"'''o;:; ~ ~:. :;' 7' ~ ,
\1. R).i H~,\!' . ;"\' .~ ,.......J ~.. . ....~'...'I..' '"''''\1'.' ~. r...'" ."'.. t.. i"- -I; I,k". ',. \. ,
'v.~~ ''-In.........~~'....:",..-:....'.\t..... 1." ~I~!. 1;1i4.;', 'S":H~ <tU;.t'rh~tl-1J;.....~"~';'{ 1 .. "'\"t ~ -;'. " ~ ,
~.I."~ ~~...'io,:d.~~j..';J"}~'P.: .:":.~';;:I:r.-~'~ ~fl'.~"'- \llrC.', !'\f{:(\~ ~f .:. ;,"'~"":. ..~.~, "
./.;;~;:";.~,:.:t:i"J:,i:~'j ~,~>t'.'J;'i.:,f1; '. \,. .>;;.'.~'I'~F:'N'::'~:'~;i':I:i~'{:','. ::../,.:.,..', :;,,', "
.::":.:?<::::;:,',; f? ~'y.;,:.' :>,~:>;; .,.:~~,L~':.,;;~~!:::,:!.'~'\~'d.';~~~~.~ .', \, ~<;<:;;? ~.\ ,..'. .
,..
I tem#21
, ....
','
..~. l
:'i::
,)
.r}~. ~ '
J .~ Cj ~
.': .~~ i.
II~' . t'
.'i.t.c
','
:~::;: '
.,':
.!'i
~.l . T
~T/.:
;:/, .
{. :
'i:'
.r...."...
(tJ:+:
t.'t,C
,I,'.:
~\k.
'r'~"
,:', '
ntl,'. .
~F: ,":
,;" .
" .'
t. :
;'\,
..'. ' .:.
.'f".~
, .~.
". "
. ..
"~ :'
;,' ~ '<<, ,.
....JI"
~::::; :" ,
,E
i/:.~ ,.,.'
;;t>..
:~~; "/ ' , ,
i.i};>
.i-/.. :', ';1 'l'
.............
)..'
J!:!l...
~
.
.' .
: .';
:'.
,."
';.,:.r
. "
.,.
, .
1.;
j:'
't:
~,
j.
;l
,
,<
!
1
I
,
1
~
j
,
.1
I
.
J
I
j
I
!
~ '
I
'r
,.
,. l<.'
f'
,.':/ ., c,
. I., .
" .". . r
',: ,', '.~..':~ ':',~,: ~>;;~;:...:'f~J:~~~\~~Y1:z~~"';:S~/~,/,':~,::}j' f: ;,:';:.';.\~ :;'. .
cf'J'd-.
~\
construction that fs due at the end of the Initial term shall be reimbursed to landlord
under the same terms and conditions during the first option period until the entire
balance Is paid in full. Following reimbursement in full to Landlord. title to the equipment
shall be in Lessee."
.,1.
7.
Landlord and Lessee agree that the exhibits attached to this First
Amendment to Lease and described as Exhibits A, 8, C, 0, E, and F shall replace the
i)' ,
I, :
I. .
, .
. sirnilar'y described exhibits in the Lease.
All terms and conditions of the Lease not specifically amended herein remain In
,
,
I'
I',.. .
Ie.. '
I':.
I'~,/. ,
I.,:
-.
h;,
I' ..
fun force and effect.
IN WITNESS WHEREOF the undersigned have executed the instrument on the
date fil'st above written.
I"
. I,
;.'
Countersigned:
CITY OF CLEARWATER, FLORIDA
Rita Garvey
Mayor-Commissioner .
By:
Michael J. Roberto
City Manager'
Attest:
i'
:) c
Approved as to form:
i.
; ,
\;" c
Cynthia E. Goudeau ,
City Clerk
John Carassas
Assistant City Attorney.
By:
Joseph BenedetllnJ. President
! .
1
Attest:
PICKLES PLUS TOO, INC.
:.' :'
'c
!.
~..} .
;~
t-i
'Jo
'I!,..
l'
~
By:
Ralph Natale, Vice President,
Secretary- Treasurer
s:JAgreemenVPlckles Plus Too Amend 2
-
I
. .1 I. ."'
. ''', ',':' )::'.:;.i~I;:: i~:.'~:_:(:." ,'.'<~" :<':';; : ,r ...
.
fN 1-
Clearwater City Commission
Agenda Cover Memorandum
::l ~ :.:'\>:.~T,:;:;.\.~;L.:..:,.,:;....:
f ;.:;::'-. :.....: :':'~" ,.":;:: ::. .:.: :....:: .:".
Item #. :::'.:""""."" ,..,.w..u.. ...
~1ti:?:d:.':' ':;;./' .f71/:;
~~ ~':.:::. . :::: ~ .,~"".: .:" ~
Meeting Dale: i' : .I~Q.~,0 :". .:.:.::.'
t.;t,?-R?}~!lF::;=!~tn'/:~'r ~\:;:::f'1
"
SUBJECT:
COMPLETION OF UTILITY RATE STUDY
RECOMMENDA TION/MOTION:
Approve Additional Services Authorization Request by Engineer of Record, Post, BuckleYl Schuh &
Jernigan (PBS&J) to update and complete the Utility Rate Study at a cost of $ 22,174.00,
Il!I and that the appropriate officials be authorized to execute same.
BACKGROUND:
· Original Implementation of this study was approved July 18, 1996 at a cost of $97t526. With the additional
funding the approved total cost of the study is $119,700. Completion was delayed because of the changes in
the Capital Improvement Program and the change In City management.
. The additional funding is needed to update the study for the fiscal 1997 Third Quarter Amended Budget and
the preliminary fiscal 1998 budget.
. AnUcipated Implementation date for Solid Waste rate changes recommended as a result of the study is
January 1, 1998.
. Projected presentation date for Water/Sewer and Stormwater recommended rate changes is April1 1998, with
Implementation in June or July of 199B.
. A first quarter budget amendment will provide the additional funding for the study from the unappropriated
retained earnings of the utility funds as follows: Water and Sewer Fund, $13,904; Stormwater Fund, $41135;
Gas Fund. $784; Solid Waste Fund, $3t351.
ADDITIONAL SERVICES REQUEST AVAILABLE IN CITY CLERK DEPART~mNT
RevIewed by:
Lega.
Budget
Purchasing
RIsk Mg~
IS
ACM
ENG
Submitted by:
city M..nager
o Printed on recycled papet' .
Originating Department:
Finance
~
User Department:
Engineering
$ 22.174.00
Commission Action:
o Approved
o Approved wJCondltlons
o Denied
o Conllnued to:
Costs:
Total
$ 22,174.00
CUrrent Fiscal Year
Funding Source:
x CapillI $ 22,174.00
Improvement:
o
Operating:
o Other:
Attachments:
Advertised:
Date:
Paper:
X Not Required
Affected Parties:
x Nottned
X Not Required
Appropriation Code
315086519-630300-639-000
o None
~
C'()
1\
\\J
Cl::::
~U';l
=c:r.l
&:~
CD ~
rnoS
't: UJ
e-
8S
= c
j:I:lE-t
e-~
_1:S
l;.;l '"
~~
~ a
&18
-0:13
Q'i
~cc
Bc:r.l
~c:r.l
u-
:ao
=M
- ~
1:1 CIJ
Q,Cl
;:I a
~~
1:1 CD
l;.;lrJ'J
-'0
~ CD
'S"C
1:1 =
~~
1:1 ~
S Cl,)
"'O~
ta1!
Bs
. ..' ' ~,
r" .,' ..
. " j~ \'~,: ;~~/ f,.',. ~
, . :,' > 'c.... M'. ~ , +
. i., .'\,1..;:.
l .' ;-.1'. '. \;.
:t"
"'I::l
CD ~
~~
CD~
~
CD
~~
'E~
Q) z:-
rn8
CD
Q;)
~~~
~'E~
~ CIJ z:-
rn8
I:I~
1:1
U';lB~
.a CD
~.s
",.t
, ,.
~~~~~~~~~~~~~~~~~~
~~~~zzzzzzzzz.....zzzz
__c:r.lCD<<______<~----
~~~~-~~~~~~~-~~~~~
~~~Nzzzzzzzzzwzzzz
'3.'Bi~~~~~~~~~~~~~~
Q~CT.)lO~CI')M~~~C\lC\le\:!cc~CI')
t!..~d~ci9MeD-I.t:lU?M~,....;9.,..;
"'I::l~ ~
~~~~
~~~:;i
CD-5j"a~
.a~ Q;)
_c;,:) t-
M
~
= 1:1
j~
CT.)
"CS ~
Q)"'I::lUJ~-
t>> Q) b.ll - M
t:..==ug;l
N ~':;;I-ac _
~!~B~
~
.....
~
'C co
~ CDS
.=Co:ICD
b UJ 1:1 Q)
:;;;os~....1
CDQ~_
~ l:Q
..
C:;~'g
~~'C
s~&i
CD
UJ
'C'C
e=
.B&:
=
j:I:l
~~~~i:R~~~~~~~~~
_I.t:lClCT.)MM~OO~-OCl.....I.t:l~
M M ~ "':'" e\:I N ..... e\:I ..... ~ - N ..... -
---
"i~N"'"
~~~Oi
- .....
En
10
u;)
~
....i
M
- -
~Oci
coeD
..... .....
Oci"-i
Moo::r
..........----
an~t_.;ooc;tN
a,jeDNC\ia.icD
00
~~s~
U;)~U;)M
~Jn~a
r;-.:t--:t-:t--:
~~~~~
0=.,.........0
fgg;:~~~
....i...;....r~~
.....6:lI~t-CC
~~-Cl!:le
t-:N'McOlri'
L?:~~~~
N'....iM'MN'
-
I.t:l
M
I.t:l
N
C'IJ
C'IJ
....i
~~
cOrn
fgg;:
NN'
co I.t:l
~E:
Q Cl
~~
CJ:I c:r.l
~~""'~~~SPJ
Ir.llt:lfi:;Mor:t'C'lJI.t:lOO
~u:)dMo)d~eD"
CDm&;~~~C";)~
~
c:::::I
~
CT.J
Ir.lCOIr.lC,ClU':)C,ClU':)COl/:ltOln
~E:~E:~~E:S12~~S12
.....ClOC_~coooo
~~~M~_~~~~~
CJ:I CT.J Q) as CT.J CJ:I CI') Q) CT.) ... ~ CJ:I
"l:l
=
os~cnb"'l::l~
a~~~=a~
",rn _OOEc
Ec
bII .B .E! ~
~~~.e-~~
~E ~ E ~;
CIJ-c-u'C
~ ~ ~fJ
~ e ~
-CDep
~ E is::
g:r.a
~1:lE:~
N I:'-- CT.l
t:?wcr9
~~~
~~~
.~
-
.
..... .....
~~
G:I~~
. ~..... ~
-400ai'
~OOOO
~.~~
. Ir.l ~ 0Cl
~ot..;
~se.e
f:8_~~~
QOQQ
~~~~
a:
Q) ~
o'E.s
co 0 =
!t?5
~
,<
: .l
. .
,
< <
';. .
'.'
.i
. .
. .:.:...- ~ ~, c '. ,.
.' , ~ f.. :
.. ,
. {... 1:\ ~ ~ ':' i I
. ;
, '.':
, '.
., ,. ';.,' .... . <' '..
. . '~'" ;...:.. .' '.1 1.
": '.. ..' "~.;~.j~l'1.i~>'~~~'~' ~,~ ~ I. '.~.~ >~."'~;~I~I;.l ~ :';c:~ l~: ~ 1, ~'.:, : .' >
.,. I
rN~
\o.\A. ~~
CITY OF CLEARWATER
""""
,.f~i~lc' '0' '....
,'.l~ y...,. ....:.'tlk-
" ~,~., ~~.. ~~-
:C::$l..ll.#'i'fi..... ~ ~
~c:-;)F '~'<C:
~~\ f2-.
_ _ "'. . r.,;;: ~
...T..,t") . " r:;:...-,
..~~'~..,...t~~,\
......, :4TE~. ."
'.' i, ""
POST OffiCE Box 4748, CI.f.\IIWA1T.II, FWRIDA 33758..i748
October 21,1997
Post, Buckley,. Schuh & Jernigan, Inc.
Mr. James G. Kennedy, P.E.
5300 W. Cypress Street, Suite 300
. Tampa, Florida 33607-1066
. Dear Mr. . Kennedy:
. Please find attached a Work Order Initiation Form which, with this letter, will authorize
your firm to provide the .Utility Rate Study. Supplemental Work Order #1-, City Project
#UT1-102197.
The scope .of services, method of compensation. applicable City finance codes(s) and
other pertinent data appear where applicable on the standard form.
We are looking forward to a finished product of which both Post, Buckley, Schuh &
Jernigan and the City can be quite proud.
I
I
I
I;
! .
i
; . I
i.
I.
i
RJB/mp.
Attachment
APPROVED:
Michael J. Roberto, City Manager
auth.pbs
,
\ .
*
.. "EQltAL EM I'LOYMENT A....n AfI'IR.W.TlVE A...:noN EMl'LO)'ER"
-
. I'. . .. i ~' . ,
1 ,
. I
., .
.... d...
. . ~ ,
.'._ ,_: .~~.;:,';~.,,"!.:~~:~.~/:,,~\~~/:.:.~.;~\:';'r:~~""?i{~\.~.:.i~..; ,'.! :::,> :'. ~ ; . '
~~
CITY OF CLEAR WATER
ENGINEERING DEPARTMENT
PBS&J WORK ORDER INITIATION FORM
!
,
Date: October 16, 1997
PBS&J Project No.
City Project No. UT1-102197
I. PROJECT TITLE:
Utility Ratc Study
Supplemental Work Order No. I
2. SCOPE OF WORK:
PBS&J, assisted by Subconsultant Burton & Associatest Inc.t shall conduct the following tasks:
I.
Update and reconcile F AMS model runs for all utilities to actual FY 1996 results which
were not available when initial analysis was perfonned.
b.
Update FAMS models.
Review, cross check and reconcile.
Prepare final FAMS runs for each utility.
Prepare revised Phase I, Financial Management Plan packaget including the results
for each utilityt and send to City staff for review.
Review comments from City staff and adjust models accordingly.
Prepare final Phase I results package.
a.
c.
d.
e.
f.
2. Conduct additional bill frequency analysis work due to the need to alter the rate structure
for water and wastewater customers.
3. Update the revenue sufficiency analysis to reflect the FY ]998 proposed budget for all
utilities and to reflect the addition of approximately S 15 million of wastewater treatment
CIP.
8. Update FAMS models.
b. Review, cross check and reconcile.
c. Prepare fmal FAMS runs.
d. Prepare revised Phase I Financial Management Plan package for each utility and
send to City staff for review.
4. Update and reconcile model runs for all utilities to the amended FY 1997 Budget (through
the third quarter).
S.' Review results of revenue sufficiency analysist update willi City staffand present to the City
Commission.
.1:
b.
c.
Conduct four intemctive review sessions (one tw<Hlay session for each utility) with
City staff to review the impact of the additional CIP projects upon the financial
management plan for the water and wastewater utility.
Prepare final Phase I results package.
Prepare presentation to City Commission.
,
,.
a.
. ,
;;.:,..
lDl:Y:\COMMON\Cl.RWATER\WORKORD\RATESltJO.WO
~l.
..,..'I~ ................l.....~_...... - ~ .
.'.. ~"""'-""'r"'.+'''~'''''....'I..'. ... ~ ,. ,~I '. .
... . . ;. ... 'L" r~ '~n .. .
,~ ~', > . ".' . ,~ '. l-- : . .
. .'
'.
>'. ' .
. ' .; ~,
. .~ ~.
.. ...... .:-""1-~'a"f:1'i"-~.".'} ..\c.;....I.!'~~..,~ ;.~. ~ ~ ,,'
~d--
d. Review presentation with City staff and adjust as required.
e. Present results to City Commission.
6. Conduct tasks 3 and 5 separately for Solid Waste and Recycling and for Stomlwater.
3. PROJECT GOALS:
This project is intended to update and reconcile Phase I results to actual FY 1996 audited results.
conduct additional bill frequency analysis work and update the revenue sufficiency analysis to
reflect the FY 1998 budget.
4. JJUDGET:
A maximum budget of $22,174.00 has been established for this assignment.
S. SCHEDULE;
Tasks 1.3,4 and 5 to be completed within four weeks of the notice to proceed. Task 2 will
be completed during the completion of Phase II which is currently ongoing.
6. PBS&) AND BURTON & ASSOCIATES STAFF ASSIGNMENTS:
PBS&J:
Marc Walch
J. Thomas Hall
(407) 647-7275, extension 393
(813) 877-7275, extension 503
Burton & Associates:
. ,
Mike Burton
Robert Lockri,dge
(904) 247-0787
(407) 671-0079
7.
CORRESPONDENCElREPORTING PROCEDURES:
Correspondence will be sent to Richard Baier, City Engineer. Copies of all correspondence shall
be sent to Michael Roberto, City Manager.
8.
INVOICINGIFUNDING PROCEDURES:
The budget for this work is a maximum of $22,174.00 based on actual time and direct reimbursable
costs expended. Invoicing Method A, Cost Times Multiplier Basis, shall be used. Burton &
Associates will be invoiced at the Contract billing rates in lieu ofraw salary times a multiplier.
Expense Code 315-96519-530300-539-000
PREPARED B
CITY
PBS&J
/0-/(,-91
es G. Kennedy, P.E Date
oinr Vice preSide~
IV/Zf..lJ;
Date
lm:Y:\COMMON\CLRWATER\WORKORD\RATESTUD.WO
-2-
.'
.
,.
I
I
1
I
I'
I
I
!
!
>,
1
-
'/I
~ ,< .'
.~,..::..:,:;.~h ',.":'~ .
,\... ..:.'"j
e
f,J~
Agenda Cover Memorandum
"") ~ t'<:~~"~':'~'<':<;':W('''\~;:.:'''<.'
~ . Item #: ~'~:~~:;~!i~~
Meeting Date: ~rnX:d.:QlqWXi,
~~>~~t:~:~~:~:;~f: t~t ~~~:.::)f{ ~.~:~ ;.i~
SUBJECT:
Investment restriction changes to the Employee's Pension Fund.
RECOMMENDATION/MOTION:
Pass Ordinance #6217-97 on first reading which makes changes to the investment restrictions in the
Employee's Pension Fund and calls for referendum.
C and that the appropriate officials be authorized to execute same.
BACKGROUND:
I. Ordinance #6217 ~97 contains both major changes and minor house keeping changes to the Employeets
Pension Fund. The following are the major changes to the plan:
. Lowers the investment rating for fixed income securities (bonds) from uAA" to "Investment
Grade". .
. Allows up to ten percent of the funds assets be invested in foreign stock'and/or bonds.
Currently none are allowed.
. Increases from 50% to 65%, the amount of fund assets, at cost that can be invested in common
stock.
The Investment Committee, the Investment Advisor, and the Performance Measurement Company
recommends adoption of these changes.
Staff will implement the changes as follows:
. The change in fixed income securities investment quality will be made immediately upon
passage of the voters. In whole, the fixed income portfolio will have an average II AA" or higher
quality rating with some of the securities having a II An rating. The money management
companies believe that this will add between .25 and.40 to our rate of return on the fixed
income portion.
Reviewed b)': -Plb A Originating Department: Costs: Commission Action:
Legal Finance None o ApprOVed
Budget NfA' ~ Total o Approved With COIldlllons
Purchasing N/A User Department: None [J Denied
Risk Mgmt. N/A FInance CumUlI Fiscal Yeer o Contlnued to:
IS N/A FundIng Source:
ACM (~ tt.. o Cupltal
Improvement;
Other Advertised: 0 Opor1iltlng:
Date: [J OIlier: Attachments:
Paper:
Submitted b~ f.uW ll!I Not Requlred Appropriation Code
Affected P.rtle~ o None
0 Notlfiod
City Manager . IIiI Not RequIred
o Printed on recycled peper
)';;:;~~':~."i ,; ..; "f\<:~;"C7f';';: ';\CT:': <', ':,:::': ;.:,'; :~~ '-CC- -c~
. . ': " .
.~:/~t-:" '/~~~'~ ~ ~~:\.~. '" ~.,.... .~~,
I.
, i
"
; . r c
,. ...... .!. '. '. , .
. J.).I l I ',I
. . 1'~ ,'. . ~ . . .
. " " ~. , :, '. I' ", i' .. .
:. .
. f. ~' (I
"
" ~ ,
, '.,
" ", ,"
!'c: . "," ~ i'. \.f.,: .
."
. ',.' , +
.,. ,
~ " u : .. , .' ~ ~ ~ ' of, .
c . I", :' :..,...:.:.'...,_....l '
11 , . "; ,
" .
. .:, ~ :
::.
, . "
, .
~ .'.' >~.: '>, . . + l.
. .... ,'1..
.' -'. '.
,. <":. >.:>. :.t '.: : .... '.:'.,' ..,"
I,. .
" I.. j '.'.,"
". "" 1,,' :_ J' . ; I' ..", ~ ~. ~ : ~. .
, _. ,_",.~.;.o;.'..;:'n~~:i:!",'.::.i~'.~.:..i. \'1j:~:1; I ,~~"I, ;~~~ : '. .: ~.;,:!' . i:'. .: ;.: ::. . .
. . I ,c.'.
· There will be no Investment in stock or bonds traded on a foreign exchange in the Immediate
future. This will happen at some future point and only with the approval of the Trustees.
. . The percenta'ge of the portfolio, at cost will be allowed to increase as the market progresses.
Staff will not rebalance the portfolio to this higher allowance.
. These changes will need to be approved by the voters of the City of ClealWater.
..
~ '.'.;
',' .
.,
",' .
,;';:i"
'.) p. '
i:'..;'
.." \ .
,'.
i.~<::" , ,
?\~.<
"'i'~
?';~ ~, .
'.-:?'.,
...:i:'. ,
~?:~ "'
. , ' ? .
~ .'..
::~.lr:. ":'.\ "
;~t;:. .
..{." ~ -.
(::""L'~
l,i<.:::.
~"r;: . j.
:~' ~ ',~, I
. (, ~ ',' .
.~. . ~ ,'"
I ~:'
".i~.' ",'
\",0 I .
'f i~' . .
,.";'
~i{Z:: !', . <. . .
\~~~~~; >
~~Yl '.::. ,
~,~/ ,:,. r .
~~;t: -.:
)j';,:,',.
'~<)~" '.'
,.
,.\.,..
~ ::,' <. . ~ j "
I.: ,: ~:' ,
.'
~ ;.' .
,....L
~r ~i
~~ ': .
... . ':
"';,
!-<'.I
:"",-'
'. ~ '.: :"
i~t'~'.:~' .' r..: '
~ ...., " .. :
'{~;c."
1,:-,:,
::i\;,.:,.'. ::'.
:~~;?,~l .' .
\1~~';i.'.": .,.
'~:':",: ': : c
~'l."'" ~
~jj::r :' .
f.~ii.~; "
~':~I~.:f: '- \, ' '. .
~&:,'::.
"I;
'\
2
,.
r
L
h
,
I
I
!
, .
r
, .
,
t.
'. ,
,;
I..
I
I'
. l
j
~ .
.tj
.'.
"
"
~ .
,j
.
:'. l
. > .
I
I,
t C
,.
.'.t..
. ~ ~
."i"
t "
'.
..
, '
. I " . .. "
.'
'. ':.;T
. "j. ,;. ~."""
" . '~'. '. ......
.' .,,'>t';.~lr"f<'f'''~'{;'~':'''''::-''''~ '...... f, '\..../...,.... ~I~" _ ,.. . 01:. ". l"
ORDINANCE NO. 6217-97
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA SUBMITTING TO THE CITY ELECTORS
A PROPOSED AMENDMENT TO THE EMPLOYEES
PENSION PLAN; AMENDING CLEARWATER CODE
OF ORDINANCES DIVISION 3, SECTION 2.399,
ESTABLISHMENT AND OPERATION OF PENSION
FUND, SUBSECTION (c), POWERS AND DUTIES
OF TRUSTEES, RELATING TO INVESTMENTS;
PROVIDING FOR A REFERENDUM ELECTION;
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF CLEARWATER, FLORIDA:
WHEREAS, the City Commission has determined it is in the best interest
of the individuals covered by the Employees Pension Plan, the citizens and
residents of. the City to make the following modifications to the investment rules;
and
. WHEREAS, the Investment Committee and pension investment advisors
have recommended that these modifications be made; and
WHEREAS, the following changes are consistent with the "Prudent
Persor;1 Rule"; now therefore,
BE IT RESOLVED BY THE CITY COMMISSION OF
CLEARWATER, FLORIDA;
Section 1. Section 2.399, Code of Ordinances is amended to read:
(c) Powers and duties oftrostees. The trustees may:
(1) Invest and reinvest the assets af the pension fund in annuity
(including group annuity contracts of the pension investment type)
and life insurance contracts of legal reserve life insurance
companies licensed to do business in the State of Florida, in
amounts sufficient to provide, in whole or in part, benefits to which
aU of the participants shall be or become entitled under the
prav.isions of the plan, and pay the initial and subsequent premiums
thereon.
(2) Invest and reinvest the assets of the pension fund in:
Ordinance 6217-97
,~\ ,.0<"" . ,
a. Time deposits. 9f savings accounts. money market
accounts. funds. certificates of deposits. or money market
certificates of a national bank, a state bank, or a savings. building
and loan association insured by the Federal Deposit Insurance
Corporation or collateralized by United States Government or
Agency securities.
b. Negotiable direct obligations of. or obligations the
principal and interest of which are unconditionally guaranteed by.
and which carry the full faith and credit of the United States
Government and its agencies. Investments in this category would
include but not be limited to the followino: United States Treasury
Bills. Notes and Bonds. and securities issued by the Small Business
Administration. Government National Mortgage Association (Ginnie
Mae). Veterans Administration. and Federal Housing Administration.
Obligations of the United 8t3te& Treasury and agencies allied with
or r<llatod to tho Unitod 8t3tO& Trencury.
c. Fully collateralized United States Agency obligations
which carry an implied Quarantee and the implied full faith and credit
of the United States government. Investments in this category would
include but not be limited to the following: obliaations of the Federal
Home Loan Banks Svstem (FHLB) or its distinct banks and
Financing Corporation (FICO).
d. Other United States Agency obliaations which carry an
imolied guarantee and the implied full faith and credit of the United
States Government. Investments in this categorv wourd in crude but
not be limited to the following: obligations of the Federal Farm Credit
Bank. Federal National Mortgage Association (Fannie Mae). Federal
Home Loan Mortgage Corporation (Freddie Mac), Student Loan
MarketinQ Association (Sallie Mae). Financial Assistance Comoralion
and Federal Agriculture Mortgage Corporation (Farmer Mac).
e. Collateralized Mortgage Obligations leMO) and/or
Real Estate Mortgaae Investment Conduits (REMIC). rated
investment grade or equivalent by Standard and Poor's, Moody's
Fitch. or other reco~:lOized national rating agencies which are
backed bv securities otherwise authorized in this ordinance and
which are guaranteed as to the timely payment of. principal and
interest bv the US Government or its Agencies.
f. &:- County bonds containing a pledge of the full faith and
credit of the county involved, bonds of the Florida development
2
Ordinance 6217.97
_J_L
---I
.,
< ,
~~..'.! .,-lei' ..~.','~', ~;'''''7.'';' .0. .',; 1 ':c ,> "
commission, or of any other state agency, which have been
approved as to legal and fiscal sufficiency by the state board of
administration. '
~
9.:. 4- Obligations of any municipal authority Issued pursuant
to the laws of this state; provided, however, that for each of the five
years next preceding the date of investment, the income of such
authority available for fixed charges shall have been not less than
one and one-half times its average annual fixed charge
requirements over the life of its obligations.
!1. &: Common stocks, preferred stocks and bonds and
other evidence of indebtedness issued or guaranteed by a
corporation organized under the laws of the United States, any
state, or organized territory of the United States of the District of
Columbia or any non-US corporation intornation3l in ohor3ctef
engaged in Interna.tional bUEinecE and tr:Ide, provided:
I
I!,".
1. The corporation is fisted on anyone or more of
the recognized national or international stock exchanges
andlor in the case of bonds and mortgage backed securities.
traded among dearers and investors ;n a recoanized and
agreed upon conventional format.;
2. AU corporate bonds shall carry an AA
investment grade rating as established either by Standard &
Poor's, Moody's, ef Fitch or other recognized national rating
agencies; and
l.
3. Not more than tRfee five percent of the assets
of the pension fund shall be invested in the common stock
or capital stock of anyone issuing company nor shall the
aggregate investment anyone iSSUing company exceed eRa
five percent of the outstanding capital stock of that company;
nor shall the non-US investments exceed ten percent of the
pension fund's assets at co~ nor shall the aggregate of the
investments under this subparagraph at cost exceed ~
sixty-five percent of the pension fund's assets at cost.
(3) Cause any pension fund investment in securities to be registered in
or transferred into its name as trustee or into the name of such
nominee as It may direct, or it may retain them unregistered and in
form permitting transferability, but the books and records shall at all
times show that aU investmen~s are part of the pension fund.
3
OrdInance 6217-97
,.....\ 'L' r. ,...,..o.............>~.~
. -.1 . ~..'.., .~ _"T.. .. I ...
, .'. ~~c F' . ..
..
,. c
,.........-.~. ".:.0.1. l' \'~ ~'f "". I c, .. I". . . >
(4) Vote upon any stocks, bonds, or securities of any corporation,
association, or trust and give general or specific proxies or powers
of attorney with or without power of substitution: participate in
mergers, reorganizations, recapitalizations, consolidations, and
similar transactions with respect to such securities; deposit such
stock or other securities in any voting trust or any protective or like
,committee . with the trustees or with depositories designated
thereby; amortize or fail to amortize any part or all of the premium
or discount resulting from the acquisition or disposition of assets;
and generally exercise any of the powers of an owner with respect
to stocks. bonds, or other investments comprising the pension fund
which it may deem to be to the best interest of the pension fund to
exercise.
I;
(5) Retain in cash and keep unproductive of income such amount of
the pension fund as it may deem advisable, having regard for the
cash requ.irements of the plan.
(6) Retain the services of a custodian bank, an investment advisor
registered under Investment Advisors Act of 1940 or otherwise
exempt. from such. required registration, an insurance company,
trust company or a combination of these, for the purposes of
investment decisions and management. Such investment manager
. shall have discretion, subject to any guidelines as prescribed by the
trustees. in the investment of all pensio,n fund assets.
Section 2. A referendum election is hereby called and will be held on
March 10, 1998. at the general municipal erection for the consideration by the
voters of the City of Clearwater of the proposed amendment to the Employees'
Pension Plan. The question to appear on the referendum ballot reflecting the
proposed amendment to the Employees' Pension Plan at the regular municipal
election scheduled for March 10, 1998. shall be as follows:
EMPLOYEES' PENSION PLAN
Shall Clearwater Code of Ordinances, Division 3. Employees. Pension
Plan, Section 2.399(0). Powers and duties of trustees, be amended as
provided in Ordinance 6217-97 to revise the types and amounts of
investments and reinvestments of the assets of the pension fund?
YES For amendment to Employees Pension Plan
NO 'Against amendment to Employees Pension Plan
4
OrdInance 6217-97
Ll
- -
~ ....::1.' .:;.'<~'~"": .~.~.'
, ... , r
" .
'.
, .'"
i '
., '"
.;. . '. <" .
., .:, ." Y' ,.
.., ': ;' ~ ,
...j. " :,' "
., ,i .
, L,: ' '~ J
. . 'i ~' .,' . '.'.' . < . '. .
.' " ,...
j ." '~",.'. ! ~. ' ~ \
" "r ,.
l '. . ' ". ~ 1. .' ~!~ I of,. ,':, ,: '
'.:.<~:,~/ .:,:'. ., , ':' .:'!,"". ..
:,' ,~ i , /: .;.r \ ,;: ' .+ ,
:\'~~:'.~.: \:". ..' ~'.. '.:,: ..' ':,.':.: .:.~:"> '
. . . . . ~ '.
, ~ "II ': '1 . ,! , <.. ~' ,~ .:' " :... ;. I
....:' :' t'?~. : .~~. "'~^~~:J.:~.~:",~:~F:..:..'~~;.:~i.;~'JY.<:~';"I;t:,~t~~,Ji~~"1~>;~\l"r~~)'. ~ :~~.' ~J':~~' -: . i ,. ~ .".
~ ',l
,I
" .
,"
. Section 3. The City Clerk Is directed to notify the Plnellas 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 Employees Pension Plan provided for herein shall take
effect only upon approval of a majority of the City electors voting at the
referendum election on these issues.
.,
.'
j.\~
. PASSED ON FIRST READING
, PASSED ON SECOND AND FINAL
. READING AND ADOPTED
'. "
\ <-,
. .
.....:-
~:~'\'" .
" ".
'..::~ :'
:!t. .
, ~~ .-'
. .
.~: ~
";'~.... "
~~\ ',' ,
:~ I' ~
,Z.".:I .
!,'i "
..~ I.
Rita GarveYt Mayor-Commissioner
',:
~.i.i; .
. .' App~oved as to fann:
Attest:
i!,
f1ki~
Pamela K. Akin, City Attorney
I.
i>;".. .
."
\.:;'
., ,'.
.} 'f
:'.....1
Cynthia E. Goudeau, City C,erk
i
I
1.
:'.1
,
"
~< '
,
: ': ~,
r :,\ ,.
~.~..;~. ,
I ~ ^. '.
,. .
.'0. .
I! ::';:',
.~ "
i
[<,
~.' .
, .
, .
L~ . L
,':. ~ ~. .
:(:. ..
..~. .
~. \ .
,.
,....
.;~;, .
~ '. .
,. l'
,>,
:... .
. ""
':~: ,::
" '.:
,'"r
5
Ordinance 6217-97
.: " t.
~ '; .
m:~~~~1i'i~~~';"".~"'" . ~ < J " ....r.....~...........v""~~~~~"a~~r4~:dJt'~,i..1.l"H~~H~.,:.., .
,
P. -.... ....... ~.,._........_ ....:1 ~... ~1..>tl,...;p..";I:i,. t~:,.~. .:.~:: ~...~ .~~i.~l.:;..>f4-."'.'~ ..
II
" .;.> ,/; :;'< ':,'; !.'~:~.;. .',", i<..' ~: :'...< \
r~: .. " (.,. ., '. '. T
Hcm #
"
P \ ^ J '" CLEARWATER CITY COMMISSION ') I J
VV c:;t--.. Agenda Cover Memorandum 0\ l
Meeting Datc
SUBJECT: Lease of City-owned property known as the Clearwater Airpark located at 1000 North Hercules Avenue
RECOMMENDA TION/MOTION: Approve a five year Lease Agreement with two consecutive five year renewal
options subject to Commission approval prior to the expiration of each five year tenn to Clearwater Aircraft, Inc. of
Clearwater, Florida to operate and provide aviation services and to lease the subject property ,
~ and that tbe appropriate officials be authorized to execute same.
SUMMARY:
. Clearwater Airc~ Inc. is the top ranked candidate to provide aviation services and serve as the Fixed Base Operator
(FHO) at Clearwater Airpark as determined by the RFP selection committee. Clearwater Aircraft, Inc. is also the current
Fixed Base Operator at Clearwater Airpark.
.>
. The City and Clearwater Aircraft, Inc. have negotiated in good faith and come to terms with a new rental rate schedule
as follows:
1. MontWy rent is increased $3,400.00 from $4,050.00 to $7,450.00. This figure includes net revenue from the new
airplane T-hangars proportioned 75% to the City and 25% to Clearwater Aircraft, Inc. and reflects an 84% increase in
revenue.
2. Fuel flowage is increased $0.03 per gallon, from $0.03 to $0.06 per gallon representing a 100% increase in revenue.
3. Clearwater Aircrafl, Inc. will assume airpark mowing operations beginning December 1, 1997 and continuing each and
.' ,. every month during the term of this lease agreement. This agreement will realize an $18,700.00 annual savings to the
City.
4. Clearwater Aircraft, Inc. will comply with particular American with Disabilities Act deficiencies at the flight operations
building.
Revlawed by:
Legal ~
Budget ~vJ
Purchasing
N/A
Risk Mgmt.
N/A
N/A
IS
ACM
ENG.
OTHER
Submitted Sy:
City Manage
Clearwater Aircraft Lease
continued:
Originating Dept.
Costs:
Commission Action
(Current FYI
Approved
Funding Source:
Approved
w/conditions
User Dept.
Airpark
Advertised:
Date:
Paper:
Not required: X
Affected panies
notified
Not Required X
Capt. Imp.
Denied
Operating
Cont'd to
Other
Appropriation Code(s)
Attachments:
. ',,\: ~~..<~ t ;, .<:. .: t !.:
'c.' ,'c
,. . J ;'r'/.
J. ::'< ,'. ~, , " ,~
, '~.. , , ,'~ ',:' .;~.~, ...
,~>\ ~:~'~"":" ~'''''1( ;;. . "
, '(i~'<.:a., ~ .,' :t.. c \-
., ~~ ~
'. '
,..
. .'"
J. .
. ,
" .
. i. ~ . ',,<
.' "> 'c
I .
. "
../
.'
r ..
t. " "
, ,.
.,.':'
.'
. : ,: -",' ~
. :.,.'..~ ' r ,.f:'
"
.1.,', ,. '"
','\>N,,;'.' ,,','
, .'. '..,: e,: ,~~;..' t'~.(.~F.:n"~~.':l'''''~' '. (~:\~~,~~~~~~t.;..;~ ~~.;,:!i~"iol';~ ,/.1.,.. ~:;. '.1 :~..t:,'. > '7 ":1 'v 'c:"c ,. ,'," . I .
. '
.,
. .
Page 2 continued: .
Agenda Item.. Lease orCity-owncd property known as the Clearwater Airpark locatcd at 1000 North
Hercules Avenue.
, .
}
!.
I'
.
5. Clearwater Aircraft, Inc. will provide a high level of customer service standards as specified in the Lease
...: . Agreement. . . . ,
. The terms of this proposed Lease Agreement were based in part upon data supplied by Hunnicutt/Arnold, Real
Estate Appraisal and Consulting Services which completed an appraisal ofCtearwater Airparkt on November 30t
1995.
I ~
"'c'.' c
.. .
The Clearwater Airport Authority supports renewing the lease with Clearwater Aircraftt Inc.
~ \ '
I,
\.'~:
.. .
'<}:.~
.;fj;. '.
,~ r ' .
:rrf:i ,
.~:; '.,
~f:;~' :: ~ '
~~iu' .' ,
~~,7::\;. ...::.:.
,}~)t : '.' :
:~f.{'. .
,.J. ~.
<,;{',:-. '.
'f-.>~.\. " ..
L~SE AGREEMENT AVAILABLE'IN CITY CLERK DEPARTMENT
. . .
',," ,
. "': ~ "
,.
T:f...>
';',;:
(i'" .
H:' .
:.,' ,
.to
t\~:"'.:. .
, ~~'~:,.. ,
'-' ~
~:~~t: '".: :
., .: .,'
, 'ff
:,1~ ~., .
;;1 ~,~ ' :
is'.] .
~:r" ~~~ ~
/,:" :
,
I
. .
.
:.\,:
,';)<.
'"', '
,. .
;~, ~,: .. , \,
X<;'.
..,"/ '
:(r:::'.
~~,'/ :
~{~~/~,~' ... '.
!;}A". .
,or);
~4:;'". .
>:l. ,1 " : ~
~.~:~~\'.,"'; . .
:>;:.; ;.'
,.,j., '..
';'\;..
Fr,
y;
~n...
~,!.. c:'
~:t:.:".:. :
:~).
. .
. ,.
'L' c
~Wl(:~I~,:YI-:to"'*'-~"- ~~.
..,,~T',) ,
. ,
..; . ......;': :~-:'7~~~~~~"~:~~7:~/"":~-- '-' '~.~v..~u~:~,;I:.t4:.~~^...~r~1J~..:~ 'il~:':.v, Cf'~~~~:~:;_:_~n:_~~:~'~~:~2:.~:'~: '. ,.,'; ~~.1f:~"';'<'~.:'.'; ~:'~i:~'~;' ,,;-),:.~;; ,~:~.~~~.t;.f.;v;r: ~..,., :',
;1.
. ,.....
., .
. ..
\", .
, ~ . ..
f~" ~
,<~::
"
/~~
.',
',: ~ ':' ,
..
, .
1~. :
i ,;. ~ ..
.,! '
.'.
. ~'
., ~. .
, ,.
:\ .
I;':.
. ,"
~,I/;: _' "
:~::~ i'..
~:~I"~ '
, ~ '. .
: ';\I;' ., ..... c '::.,1; ,-.~ ..
. . ,
'. -'
:,..'...., '
:' ~
. . ,
ii',.
..
'. ~ . c . .'.
. .'~ )
~: '.. I
~ I . . .
. I
:"":~:t:<~.'r...'__"......~~_'.'~.... ~:"".'I."~~~':~t>Ol""""""":~"""'~-f ~'.,,,,,,:,:",,,,.l".f'::' '.~;~T~ ~ ~
~Wd-
d-Y
LEASE AND OPERATING AGREEMENT
. This Lease and Opera ting Agreement (the "Agreemen t") ,
is made and entered into this ' day of , 1997, by and
between the City of Clearwater, a Florida municipality,
hereinafter called the trLessoru, and Clearwater Aircraft, Inc.,
hereinafter called the uLessee".
This agreement represents the
agreement between Lessee and Lessor and
Request for Proposal, Lessee's Response
thereto. '
whole and entire
incorporates City's
and all attachments
ARTICLES
Article I
Article II
Article III
Term
Aviation Operations Area
Rights, Obligations, and Minimum
Operating Standards
Appurtenant Privileges
Payments
Utilities
Insurance
Indemnification
Disclaimer of Warranties
Lessee as Independent Contractor
Assignment
Non-Discrimination
Requirements of the United States
Default and Termination
Miscellaneous Provisions
Leasehold Improvements
Article IV
'I Article V
Article VI
Article VII
Article VIII
Article IX
Article X
Article XI
Article XII
Article XIII
Article XIV
. Article XV
Article.XVI
ATTACHMENTS
Attachment A
Attachment B
. : Attachment C
:Attachment D.
Attachment E
Drawing of Leased Premises
Tie-Down/Hangar Lease Form
Tie-Down/Hangar Rental Rates
ADA Deficiencies @ Air Ops. Bldg.
Minimum periodic maintenance standards
and Mowing Specifications
4'
1
~yt;/)~{'~.(~\~""'~~_~~~~'~'" :' r- ""+~.~""'-~"--"""""'''''"~l''''''''''''''''''''''''''''''.......~_w.1+ T'+:
a ~ t ~ ~ . . .
_'c... .... ~ >\... '.': , , ,.. l., " ~.: .
i
i I
i
1
I I
I I
1 '
I,
! :
!'
. ,.'. ~;... T'.
......
/~l, :.... ~c c:
".\. "
':. '.; :;::.> '.'.. ':.:' .' ,... '., ::~ I ';:<. .'./.~', ,.. ' ., r .'
, . ~ ":.."' ~' ..: ": ., l
" .
",
, '
;,
. I
. .
" . ~""'" .
, .1'
" .
. ,':,::
'; :..':. ~ ~ r .
<'I.'
. ,.
, . ' ',i
, ,.
~ . ,.
, '.'~.;:?;; '~/;:~.': ,:<':. .:', ,,i
.," ."'
'I' . "
. . .
. ' 1.."',' '.: t.~:,.~.,,;;, :~ .... ..~.:.::'_.. :\'~~.:~:.~~.~~.':'~~<;~. ~~~':..,.~:~~:~.,,~. ..,.."....."
'. ,.....
, .
I :,
I': .
~ ~.
" "
','.-
WIT N E SSE 'r B:
"
."
':-.,
i. .'
WHEREAS, Lessor
operation andrnaintenance of
City-owned land within the
Clearwater, now known as the
and
has jurisdiction over the safe
the Premises and improvements to the
territorial limits of. the City of
"Clear\'Jater Airpark" (the "Airpark");
~:.f. .
',:-i;
L,.'",
~.~ -'; ~ >~
.,
."
. "
. ~r: \
WHEREAS, Professional aeronautical services are
.essential to the proper acconunodation of private and 90mmercial
aviation at the Airpark; and
:.+.,:'
., ~.i.)
,. .
': . ~ .
"
., .
\";l~/ .
"
f_: \
: " ~
WHEREAS, Lessor desires to make such services available
at the Airpark .through independent operators and Lessee desires to
provide such services.as an independent operator.
,
,
I
,.
\~r,
.. . NOW, THEREFORE, in consideration of the
,the ..mutual . covenants. contained in this Agreement,
hereby agree as follows:
Promises and
the parties
.1
!
1.
1
I
I
!
,
!
.
I
,
I
I.
I
I
,.
'j
I
~
c~.-:~,\, ".
. .; ;~-
~ l: "
i ~ ~\.
.1.".
I ~;..'\.
.~r:~~
~.~~"> I
<,;"~,.: .
:,.:'
~~ .
..I,.' .
;.~:\! "
\i: ,
.....,
:-{-'~-
.'
I,.
I::
I..
, '
;
'"t. ,
~" .!
< .J.'
./1
;.. .
"..:
'~ ./.
.' .
:~i~~> :'
~i." .
'..1
t~.: , .
~:~~!' .-. ""
> ". .
;,:.;. '.,
;;~t'":'":
~it:~. '.
~::;(...:.'..
~~~t;.~. .' ,
.,: .
'~(.":. '. ,
2 .' .
IY:":..
"1;:: " ,.
..., ' .
fl;-,~\; .
~(~. .
;i~' . ..
'"
!
I
2
,j
,
.~. .'
".
,;
, .
1 I..
,.. .....~ ~......~.......,..,. ~.,..~,c~~", ...,.......,.,~4_..Hll~~ ,~.... t .." .
ARTICLE I
TERM
The initial term of this Agreement shall be for a
period of 60 months, commencing on the day of ,
199 and continuing through the. day of (the "Termination
Date"), unless earlier terminated under the provisions of this
Agreement. Lessee with Lessor's consent may renew this Lease
Agreement for two (2) consecutive five (5) year lease periods,
upon the same terms and conditions, subject to Lessor and Lessee
negotiating in good faith. a new rental rate schedule within the
last 60 days of this said lease term or any extension thereof, and
subject to Lessee having not been in material default under the
terms and provisions of this said Lease.
ARTICLE II
AIRPARK OPERATIONS AREA
Lessor hereby leases to Lessee, and Lessee hereby
leases from Lessor, all facilities and improvements loca~ed on the
following property, identified and shown on Exhibit A hereto and
having a mailing address of 1000 North Hercules Ave. Clearwater FL
34625(the Airpark Operations Area):
A. ~rpark Operations Area Described as fo11ows:
., .
Commence at the center of Section 12, Township 29
South, Range 15 East; thence run North 89019'10"
West, along the East-West centerline of said section
12, 50.00 feet, to a point on the West right-of-way
line of Hercules Avenue; thence run South 00016"59"
West, 22.07 feet, for a Point of Beginning of Parcel
1. Thence run North 89021'07" West, 519.10 feet;
thence run North 03051' 07" West, 92.96 feet; thence
run North 29057'09" West, 132.28 feet; thence run
North 21027' IS" West, 204.07 feet; thence run South
89021'07" East, 88.01 feet; thence run North
00016' 59" East, 134.20 feet; thence run North
89009' 12" West, 230.01 feet; thence run South
00038' 53" West, 95.00 feet; thence run North
89021'07" West, 237.84 feet to a point also referred
. to as point "A" for convenience; thence run South
25013'17" East, 1869.75 .feet; thence run South
89049' 19" West, 131.67 feet; thence run South
00016' 59" West, 220.46 feet; thence run South
.89022'16" East, 375.00 feet; thence run North
.00016'59" East, 1469.04 feet to the P.O.B. for
Parcel 1.
Together with: I
Commence at point "A"; thence run North 25013'17"
West, 15.25 feet for a Point of Beginning of Parcel
2. Thence run North 00016' 59", East, 906.84. feet;
~I ;
'. t.
3
. ..'
)
_''I:(ir;..t:.~a.-:.a,~~. "".:0.- ','"
. ..,...........<T '....."'.." ,.... ,", '
....., .~. .n ,_.-"'......""" .........~T "....~....."....,~ ""'.. .".~'j. 4. ,..: c .
thence run North 89019'26" West, 434.06 feet; thence
run South 25013'17" East, 1008.06 feet to the P.O.B.
fer Parcel 2.
B. Improvement on said rea1 property as fo11ows:
Three (3) covered "T" hangar buildings, four (4)
mul tiple bay shade hangars, all hard stand and sod
aircraft tie-down parking spaces; a 2214 square feet
(MOL) operations building; one maintenanc~ hanger of
8,487 feet {MOL); two (2) twelve thousand (12,000)
gallon underground fuel tanks and pumps; and
facilities related to or dependent upon the
described improvements.
The Airpark operations area and the improvements thereto are
referred to as the "Premises."
. C. Maintenance and Repair:
1. Lessee) shall maintain the Premises and all
structures in their present condition. The Lessee agrees to
maintain in a good state of repair, at all times, all leased
grounds and structures, including all interior maintenance. For
the purpose of this Agreement, Airpark Operations Area interior
maintenance is defined as the maintenance. and keeping in good
repair of the interior walls and ceilings, painting, repairs or
alterations of plumbing, doors, window or door glass, electrical
fixtures, air conditioning,. water fixtures, locking devices and
all other fixtures; janitorial services such as sweeping, dusting,
mopping and waxing floors; relamping; interior and exterior
washing of windows; and the arrangement for sanitary removal of
trash from the Premises. The Lessee shall not be responsible for
the maintenance of the structural integrity of the leased
structures with the exception of the (1) aboveground portion of the
fuel pumping system; (2) existing sign maintenance. Underground
fuel tanks and all public and common or joint use areas of the
Airpark shall be the responsibility of the Lessor.
D. Lessee's contact with the Lessor in connection with
the Premises herein leased shall be with the Lessor's Staff Member
designated by the city Manager, subject to the terms and
provisions of this Lease, which may not be waived, modified, or
amended except in writing executed by the Lessor.
E. The parties agree that the Lessor has the right to
add, remove, repair or relocate structures on the Premises at no
cost to Lessee. Lessee agrees that no structural, electrical or
other modification to any structure on the Premises shall be
permitted without the express written consent of Lessor. If any
alteration or modification takes place without Lessor's written
permission, then, upon.written request by Lessor, Lessee agrees
,. ..
;~ .
,.
.'
T.l.
~ '.
4
~.\
, ,
-
. -
..
~ . < .
>i .'.
~ , r'
." .: ,'~ "'", ,',.' 'elO'" ,.:....."'...~. ,."'^...........~~.~':':'..j-.-....,"" >~'!1.~.I.)I..."'.'~l,.,...,..:,..-:':,-Y"',;.,.... ~. ..... j' ..
t .!
to return that part of the Premises modified, altered or affected
without consent from Lessor to its original condition. If Lessee
fails to return that part of the. Premises which was modified. or
altered without written consent to its original condition within
thirty' (30) days from receipt or written request from Lessor, then
Lessor shall be entitled to return that part of the Premises to
its. original condition, and shall be entitled to recover the cost
and expenses from Lessee. Emergency repairs may be made by Lessee
for the safety of individuals and prevention of damage to real and
personal property.
F. The Lessee agrees to comply with the American
Disabilities Act (ADA) requirements as they pertain to the Airpark
Operations Building. Lessee also agrees to bring the Airpark
Operations Building into com~lian~e by making those changes
circled in Exhibit D.
G. Lessee agrees to maintain the Premises according to
the minimum periodic maintenance standards described in Exhibit E.
ARTiCLE III
1.
RJ:GBTS, OBLIGATIONS, AND MINIMUM OPERATING STANDARDS
Lessee shall provide the following Aeronautical Activities at
the Airpark:
1. Rental of hangar and tie-down space
2. Sale of aviation petroleum products
3. Aircraft rental
4. Repair and maintenance of airplanes
In addition to these activities, Lessee is also granted the
right, but is not obligated to conduct the following Aeronautical
Activities at the Airpark:
j.
,
,
1. Aircraft sales
2. Flight instructions
.3. Flying club(s)
4. Aerial surveying
5. Sightseeing
6. Air Taxi operations
7. Air Freight operations
8. Charter operations
The standards established herein set forth the minimum
operating standards to be met as a condition for the right to
conduct any Aeronautical Activity or endeavor at the Airpark.
Lessee agrees that all Aeronautical Activities authorized under
this agreement will be performed in accordance with the minimum
operating standards established herein, including such reasonable
amendments as may be adopted by Lessor from time to time. Lessor
5
~
., ~ ,. .. ,
;.
c !". .
'.
..' ~'c . _, ..~ --,..
. . c
........;..~P~~.. ......"..d.._ ~,. _.\ :.,..:~,. c
may also review and approve all contracts, leases, subleases or
other agreements that Lessee enters into to provide Aeronautical
Activities. Lessee's failure to obtain Lessor's written approval
for any Aeronautical Activity shall, at the option of Lessor, be a
default under this Agreement.
The Lessee shall be responsible for the enforcement of the
provisions contained in the Tie-Down/Hangar Lease Form (EXHIBIT B)
and shall take action to correct any violation within twenty-four
(24) hours of written notice from Lessor. Lessor reserves the
right to add, remove or revise ,any section (s) of the Tie
Down/Hanger Lease Form, or replace the form in its entirety.
Lessee shall be responsible to enforce the Tie Down/Hanger Lease.
form and any amendments at all times, and Lessee's failure to
enforce. shall result in a default after thirty (30) days writtsn
notice from Lessor. .
. A. Defini tions
1. Aeronautical Activity - Shall mean any activity
which involves, makes possible, or is required for the operation
of aircraft or which contributes to, or is requi.z:'ed for, the
safety of such operations and shall include, but not by way of
limitation, all activities commonly conducted at airports, such as
charter operations, pilot training, aircraft rental, sightseeing,
aerial photography, surveying, aircraft sales and service, sale of
aviation petroleum products (whether or not conducted in
conjunction with other included activities), repair and
maintenance of aircraft, sale of aircraft parts, sale and
maintenance of aircraft accessories, radio, communication and
navigation equipment, flying clubs and any other activity which,
because of its direct relationship to the operation of aircraft,
can appropriately be regarded as an "aeronautical activity".
Aeronautical activity shall not include scheduled air carrier
operations, glider training and operations, aerial advertising,
crop dusting, all manufacturing, fabricating or assembly
operations or ultra light operations, which aotivities are
expressly prohibited.
2.
Agreement.
Agreement - Shall mean the Lease and Operating
3. Air Operations Area - Shall mean those portions of
the Airpark provided and made available by City for aircraft and
related operations, and shall include aircraft runways, taxiways,
ramps, aprons and aircraft parking spaces, and areas directly
associated therewith which are not leased by Lessee or any other
tenant at the Airpark.
4. Airpark - Shall mean the Clearwater Airpark, owned
by the City.
6
-
. >
"j~~. " - _...._..4.-.....u......_....... .~. ~.
I
I.
5. Ci~y - Shall mean the City of Clearwater, Florida,
and any of the appointed officials of the City who are vested with
the specific authority to govern the activities of the Airpark.
6. Airpark Tenant: - Shall mean any enti ty authorized
by this Agreement to conduct Aeronautical Activities
7. Fixed Base Operator (FBO) - Shall mean the entity
authorized by this Agreement to conduct Aeronautical Activities at
the Airpark. For purposes of this Agreement, the Lessee and the
FBO are the same entity.
8. Master Plan - Shall mean the master plan as adopted
by the city Commission on April 11, 1989, and any subsequent
amendments approved by the Lessor's City Commission, and the
scaled dimensional layout of the entire Airpark, indicating
current and proposed usage for each identifiable segment as
approved by the Lessor and the State of Florida.
9. Tie-Down/Ranqar Lease Aqreements - Shall mean the
agreement forms supplied by the Lessor and used by the Lessee to
sub-lease any covered shade, enclosed or tie-down hanger spaces.
10. structures Above ground buildings, runways,
taxi-ways and other objects permanently affixed to the ground.
B. standard Requirements for al1 Services
In providiny any of the required services or activities
specified herein, Lessee shall operate for the use and benefit of
the public and shall meet or exceed the following standards:
1. Lessee shall furnish service on a fair, reasonable
and nondiscriminatory basis to all users of the Airpark. Lessee
shall furnish good, prompt, and efficient service adequate to meet
all reasonable demands for its services at the Airpark. Lessee
shall charge fair, reasonable, and nondiscriminatory prices for
each unit of sale or service; provided, however, that Lessee may
be. allowed to make reasonable and nondiscriminatory discounts,
rebates or other. similar types of price reductions to volume
purchasers. Lessee shall obtain Lessor's written approval thirty
(30) days in advance when changes in rental rates are proposed.
Increases in shade hanger, T-hanger and tie down rates must be
approved'by Lessor, and shall be limited to the same percentage
increases of the consumer price index for the previous 12 .months.
The rates.in effect as of the date of this Agreement are attached
as Exhibit C of this Agreement.
2. Lessee shall select and appoint a full-time manager
of its operations at the Airpark. The manager shall be qualified
and experienced and vested with full power and authority to act in
7
.
..
",'. ">.:.
, '
'Oil. .w~<'~ u"..,.~.,~:.~...1. ..""'".......~:~...'"~......~...~,..~.: '" "
the name of Lessee with respect to the method, manner and conduct
of the operation of the fixed base services. The manager shall be
available' at the Airpark during regular business hours. During
the manager's absence a duly authorized and adequately trained
subordinate shall be in charge and available at the Airpark.
Lessee agrees that a duly authorized representative shall attend
Lessor's monthly Airpark Authority meeting to report on the
Airpark and to answer any questions about the Airpark. Lessee
further agrees to attend any meeting that Lessor deems necessary
that may involve the operation of the Airpark.
3. Lessee shall provide, at its sole expense, no fewer
than two (2) full-time qualified and trained employees during
hours of operation to provide effectively and efficiently the
services required or authorized by this Agreement.
4. Lessee shall control the conduct, demeanor and
appearance of its employees, who shall be trained by Lessee and
who shall possess such technical qualifications and hold such
certificates of qualification as may be required in carrying out
assigned duties. It shall be the responsibility of Lessee to
maintain close supervision over its employees to assure a high
standard of service to customers of Lessee. Lessee shall provide
all of its employees collared shirt uniforms identifying
themselves as Lessee's employees
5. Lessee shall meet all expenses and payments in
connection with the use of the Premises and the rights and
privileges herein granted, including licenses, taxes or permits
required by law in the normal course of business. Lessee may,
however, at its sole expense and cost, contest any tax, fee or
assessment.
6. Lessee shall comply with all federal, state, and
local laws, and standards set forth in the Airpark master. plan,
which may be amended from time to time. Lessee shall keep in
effect and post in a prominent place all necessary or required
licenses or permits.
7. It is expressly understood and agreed that, in
providing required or optional services pursuant to the Agreement,
Lessee shall select all vendors, suppliers or other users of .the
. Airpark.
8. During the term of the Agreement, Lessee shall have
the right, at its expense, to place in. or on the Premises a sign
or signs identifying Lessee. Said sign or signs shall be of a
size, shape and design, and at a location or locations approved by
Lessor, and must comply with all City code requirements.
Notwithstanding any other provision of the Agreement, said 5ign(s)
shall remain the property of Lessee. Lessee shall remove, at its
8
E":~~~'J~..,...\\;J,;,,~~~,\..;......l'>J"'~"".'''! ~.~. "' ,-.... I" .. ."
. <'.. ........... .h'l" .... cr.' . ..... T.. .,
1 .'
or h<_ ..,. ..... .. .__
c .. ~....." ..:.'t' "4.
,.
expense, all lettering, signs and placards so erected on the
Premises at the expiration of the term of the Agreement, or upon
written notice by Lessor. Lessee further agrees to provide an
area within the operations building, an information dissemination
point for City sponsored promotions, events and activities.
Lessee shall sponsor at least once annually an open house day at
the Airpark which date and time must be approved by Lessor. Lessee
agrees to expend at least five hundred dollars ($500) annually to
fund the open house day.
9. Lessee shall use the standard tie-down/hangar space
Lease form attached as Exhibit B for hangar and tie-down space
rentals. Copies of each executed lease agreement shall be made
available to the Lessor upon request. Hangar vacancies shall be
filled on a "first come, first serve" basis in accordance with a
waiting list maintained by the Lessee and made available to the
Lessor and general public upon request.
10. The Lessee shall provide, upon Lessor's written
request documentation as to the Lessee's technical and financial
ability to perform the services of proposed operation at all times
during the term of this lease. Such evidence of technical and
financial ability shall consist of, but not necessarily be limited
to, a statement of .financial position certified by an officer of
the Lessee as to its correctness and reviewed by the City auditor
and other licenses, permits or certificates required by law and
applicable to Lessee's proposed operation.
11. Lessee shall not do business on the Premises in any
business name other than the name of the business as it appears in
, this Agreement without written permission by the Lessor.
.'.
C.
Services
Minimum Requirement.s - Aviation Pet.roleum and Ramp
1. Buildings - The Lessor shall provide a building to
serve as a General Aviation Terminal for use by the Lessee that
contains at least 2,000 square feet of properly lighted space for
office. space, storage, a public waiting area that includes indoor
restroom facilities, restaurant or appropriate vending machines
and a public use telephone. The Airpark Authority and the Lessor
shall have the right to conduct regular and special meetings in
this building at no cost.
2. Personnel. - Lessee shall employ at least two (2)
full-time employees properly trained in aircraft fueling and ramp
safety procedures.
i.
3. Services - Lessee shall provide aircraft ground
guidance within the uncontrolled areas adjacent to the Premises,
and .ramp service, including sale and into-plane delivery of
aviation fuels, lubricants, and other related aviation products.
,..
9
'i-~~'.~'~:~'~I~l~.',da~;fp~J!"'<-t,"'r,n""" u' ... .. ,~ ., . .~" ,...,. ~.. .""
~ . I . ~'> . ~. _I.... . " >
." ~ . ._~., "Ir
Lessee shall provide apron servicing of and assistance to
aircraft, including itinerant parking, storage, and tie-down
service for both based and itinerant aircraft upon or within
facilities leased to Lessee or aircraft parking areas designated
by Lessor and described in the lease.
Customary accommodations for the convenience of users,
including passenger and pilot lounge areas, information services
and telephone service connections to the Flight Service Station
and/or the United States Weather Bureau, pilot accessories,
appropriate vending machines, and rental car services as may be
appropriate shall be provided by the Lessee.
"
Lessee shall ensure the availability of ~:1 adequate number
and type of fire extinguishers, and pieces/units of appropriate
ground support equipment (GSE), to meet airport user requirements
an? all applicable governmental Codes.
Lessee shall provide, maintain and operate an airport UNICOM
providing continuous airport advisory services during the hours
set forth in paragraph 5, Hours of Operation. By federal law,
Lessee shall be the sole licensed UNICOM operator at the Airpark.
4. Fuel Facilities and Fuel Supply - The City shall furnish
at least two (2) leased metered and filter-equipped dispensers,
for dispensing lOa-octane aviation fuel from storage tanks having
a minimum capacity of 12,000 gallons each.
Lessee shall ensure the maintenance of pumping equipment in
as-is condition and meeting all applicable safety requirements
,with reliable metering, filtering and grounding devices subject to
independent inspection and with a pumping efficiency capable of
servicing aircraft. An adequate supply of 100 octane fuel will be
maintained at all times and Lessee will secure and maintain an
ongoing contract with a fuel supplier to ensure continuous supply
of aviation fuel. Lessee shall be responsible for dispensing
equipment on the Premises regardless of ownership.
, Automobile fuel may be dispensed at the Airpark under terms
and conditions that may be subsequently agreed upon between the
Lessor and the Lessee.
;.
;.,
,.
5. Hours of Operation - The normal operating hours will be
from sunrise to sunset. Emergency "on call" service will be
provided during off duty hours by Lessee.
"~I
t,
!".'
','
','
6. Insurance Coverage - Lessee shall obtain and maintain
continuously in effect at all times during the term of the
Agreement, at Lessee's sole expense, insurance with total limits
in an amount not less than $1 million Combined Single Limit, or
equivalent, to include broad form contractual liability and the
/
i..
10
.....~T. _" ~........,..
..----- .---- ---. --.
. Ie, . c , . . c \- ; '.,' , '~. '~
'. ~
e.'
. ' . .
'" '. i ~
,. t ...,
. '.,'. .: '.
, ,.
~, ., . ,
~ . . .
. h'
. c
. . . .
J . '. . c. ., .'. ,. _(.. , ~ ,
..,<'....40-..........;...... '".
following coverages (copies of all insurance policies shall be on
file with the City): e
Comprehensive General Liability
- Bodily injury and
Property Damage
$ 1,000,000.00
Product Liability
- Bodily injury and
Property Damage
D. ~n~um Requirements - Flight Training
$ 1,000,000.00
c t'.
1. . Personnel Lessee shall employ Certified Flight
instructors sufficient in number to meet service demands and.
currently certified by the Federal Aviation Administration,. with
appropriate ratings to provide ground instruction, private,
commercial, and instrument flight training.
.'/ .
.2'. Aircraft:: - At least one (1) airworthy, properly equipped
instrument single-engine aircraft, owned or leased in writing to
the Lessee shall be furnished by the Lessee.
" ,
. ,
. 3. Hours of Opera1:ion - The normal opera ting hours for
flight training will be from 8:00 a.m. to 5:00 p.m. 5 days per
week exclusive of Holidays.
4. Customer Notification - Lessee shall post a sign or
placard visible to all renter pilots giving notification of
insurance coverage, student pilot liability, and other legal risks
associated with the aircraft rental agreement.
. ;
I
!
.,.. .
5. Insuranoe Coverage ,- Lessee shall obtain and maintain
continuously in effect at all times during the term of the
Agreement, at Lessee' s sole expense, flight training insurance
with total limits in an amount not less than $1 million Combined
Single Limit, or equivalent, to include broad form contractual
liability and the following coverage:
\-.
, .
...
.,
,.
:el ..
Comprehensive General Liability
Bodily inj~ry and Property
Damage
$ 1,000,000.00
~ ,
.product Liability
Bodily injury and Property
. Damage
$ 1,000,000.00
" ,
Aircraft Liability
Bodily injury and Property
Damage
Each Passenger $100,000 Limit
$ 1,000,000.00
~ . . /"
,I," .
, "
';"'.
....
;.;
< ~ ~,~
, ,
'11
. ",
, ..
"
H. ':,,:
\"" .<T..,....._:....;. ;.."...."._..;........ ...........-.....
',.~- "' ',~.>,'~. >.+.'.~. .
E. ~nimum Requiremen~s - AircrAf~ Rental
';",
1. Personnel - Certified Flight instructors sufficient in
number to meet service demands with ratings appropriate for
aircraft for rent and currently certified by the Federal Aviation
Administration shall be employed.
2. Aircraft - A total of at least one airworthy, properly
. equipped aircraft to include at least one. airworthy, properly
equipped instrument single-engine aircraft, owned or leased in
writing to the Lessee shall be furnished by the Lessee.
....':',
3. Hours of Operat.ion - The normal operating hours for
Aircraft. rental will be from 8:00 a.m. to 5:00 p.m., 5 days per
week, exclusive of Holidays.
~<,
. .
~ . . .
4. Customer Notification - The Lessee shall post a sign or
placard. visible to all rental customers giving notification of
insurance coverages, renter liability, and other legal risks
associated. with the aircraft rental agreement.
S. :Insurance Coverage - Lessee shall obtain and maintain
continuously in effect at all times during the term of the
Agreement, at Lessee I s sole expense, Aircraft rental insurance
with total limits in an amount not less than $1 million Combine
Single Limit, or equivalent, to .i.nclude broad form contractual
lia~ility and the following coverage:
I "
"4-..,'
,.
( .
Comprehensive General Liability
Bodily injury and Property Damage
$ 1,000,000.00
i
!
I
, .
Product Liability
Bodily injury and Property Damage
$ 1,000,000.00
Aircraft Liability
Bodily injury. and Property Damage
Each Passenger $100,000 Limit
$ 1,000,000.00
F.
M1n~um Requirements - Aircraft Sales
? .'
1. Personnel At least one (1) commercial pilot(s)
currently certified by the Federal Aviation Administration, with
ratings appropriate for the types of aircraft to be demonstrated
shall be employed by the Lessee.
2. DealershipIS - It shall be at the discretion of the
Lessee: (1) whether or not to be an authorized factory dealer; or
(2) what manufacturer he chooses to represent. All aircraft
. dealers shall hold a dealership license or permit.
; .
12
.
'. '
.. ,.
" : ,
,
..
(
.
.,
I
: ,.
.\
c
, ~
,
,
..
, '.
., '
fl.
"..
'.
.' .
~ ~ '". "."
.....~ ",.... .
I ~ . " ,~ ~ 'r
3. Insuranoe Coverage - Obtain and maintain continuously
in effect at all times during the term of the Agreement, at
Lessee's sole expense, insurance for Aircraft sales with total
limits in an amount not less than $1 million Combined Single
Limit, or equivalent, to include broad form contractual liability
and the following coverage:
Comprehensive General Liability
Bodily injury and Property Damage
$ 1,000,000.00
Product Liability
Bodily injury and Property Damage
$ 1,000,000.00
Aircraft Liability
Bodily Injury and Property Damage
$ 1,000,000.00
Hangar Keeper's Liability
if Applicable
$100,000/$300,000
Passenger Liability
100,000.00
$
G. ~nimum Requirements - Air Taxi Operations
Lessees engaging in air taxi and/or commuter airline operations
must be certified by the Federal Aviation Administration under
Federal Aviation Regulation Part 135 and Part 121 and registered
with the. Civil Aeronautics Board under the Economic Regulations of
Part 298, and meet the following minimum standards.
1. Personnel - A sufficient number of commercial and/or
airline transport pilot(s) shall be employed plus additional such
pilots part-time and/or on call sufficient in number to meet
service demands and currently certified by the Federal Aviation
Administration to conduct the air taxi.
2. Airoraft: - A minimum of one (1) airworthy, instrument
aircraft is required. Beyond this minimum requirement, it shall
be left to, the discretion of the Lessee to provide the type,
category, class, size and number of aircraft to meet the scope and
magnitude of the service performed. All aircraft will be owned or
leased in writing to the Lessee, and will be airworthy and meet
all requirements of the certificate held.. Such aircraft. shall be
under the full operational control of the Lessee
3. Insurance Coverage - Lessee shall obtain and maintain
continuously in effect at all times during the term of the
Agreement, at Lessee's sole expense, insurance with total limits
in an amount not less than $1 million Combined Single Limit, or
equivalent, to include broad form contractual liability and the
following coverages:
13
,
.
. L ~. <'
I.
,. ., .
, <
"
. . . .,
. ,~~'< ."U t""....-.,. .~~:. ..~T~"".''''''~'''"''''".''..'''.''. '""'......t..~o< ..,., ~I"~
Comprehensive General Liability
Bodily injury and Property
Damage
$ 1,000,000.00
Aircraft Liability
Bodily injury and Property
Damage
$ 1,000,000.00
Passenger Liability
$
100,000.00
H. Separate insurance policies are not required as long as
the minimum requirements set forth in the Lease Agreement are met.
ARTICLE IV
APPURTENANT PRIVILEGES
, .
, .' . ~
A. Use of Ai%.park Faci1it.ies - Lessee shall be entitled,
in common with others so authorized, to the use for their intended
purposes of all facilities and improvements of a public nature
which now are or may hereafter be connected with or appurtenant to
the Airpark, including the use of landing areas, runways,
taxiways, navigational aids, terminal facilities and aircraft
parking areas designated by Lessor.
B.
Maintenance of Aixpark Facilities
1. Lessor shall maintain all public and common or joint
use areas of the Airpark in good . repair, and shall make such
repairs, replacements or additions thereto as are required and
necessary for the safe and efficient operation of the Airpark.
2. Lessee shall keep all areas, including those common
use areas within a distance of one hundred (100) feet from the
Premises, free from trash, debris, litter, and all other discards.
- c
3. Lessee shall notify the Lessor's Engineering
Department Staff Liaison of any condition requiring repairs,
replacements or additions necessary for the safe and efficient
operation of the Airpark. Lessor shall not be liable to Lessee,
its agents, employees or customers, for any damages resulting from
any 'condition arising after the execution of this Lease unless
Lessee has notified the Lessor's Engineering Department Staff
Liaison and has confirmed such notification in writing directed to
the Lessor prior to the occurrence of any loss.
4. Lessee shall maintain all grass and landscape
vegetation on the Premis~s. Lessee agrees to mow and ~aintain the
Airpark grass as described on the mowing specifications in Exhibit
E, arIas revised by Le$sor throughout the term of this agreement.
If .Lessee fails to maintain Airpark. as per Lessor's
14
f'!;.'~flfti)'XiJ:~i.~'J~"" ,_.. .-- ..
.."... -.... . .....~... r _"'F.~ I"~t~"'''''' ,__h"~!,..>.n......."""'" "
.. .... ....., ..:. ",..' c I. . ~ : .. ... ~.."' j
(, ..
,
I .
I
.~jEi;~'~;:"'J.';"~\~U"'.)^+';' ~~.....
specifications, Lessor at its. option may hire a contractor to
maintain and bill Lessee accordingly.
C. Airspace and Approaches - Lessor reserves the right to
take any action it considers necessary to protect the airspace and
approaches of the Airpark against obstruction, together with the
right to prevent Lessee from erecting, or permitting to be
erected, or locating any building, object, or structure on the
Premises or adjacent to the Airpark which, in the opinion of the
Lessor, would limit the usefulness of the Airpark or constitute a
hazard to aircraft.
ARTICLE V
PAYMENTS
A. Rent. and Fees - In consideration of the rights and
.privileges granted by this Agreement, Lessee agrees to pay Lessor
,during the term of this agreement rent of Seven Thousand Four
Hundred and Fifty Dollars ($7,450)per month, for Airpark and
hangar rental plus six cents ($.06) per gallon for all fuel
dispensed at the Airpark. Lessee agrees to pay Lessor sales tax
on all Rent and Fee payments.
B. Payments - All rent and fee payments shall be paid
monthly in advance on the tenth (10) day of each month during the
te~ of this Agreement. Lessee agrees to pay the pro rata share of
any partial month during the beginning or end of this agreement.
Lessor shall determine and assess a CPI increase on January 1,
1998, and each year thereafter, for all rent and fee payments.
C. Delinquency Charge - A rent and fee payments shall be
delinquent if not paid on or before the tenth (10tfi) day following
the due date, and shall accrue interest at the maximum amount
allowable by law, until paid.
D. P1ace of Payment - All payments due Lessor from Lessee
shall be delivered to the Finance Department, City of Clearwater,
P.O. Box 4748, Clearwater, Florida 34618-4748.
E. Taxes and Assessments - Lessee shall pay all taxes and
assessments against property leased to Lessee by this Agreement,
and against the leasehold and any other property interests under
this Agreement.
F. Records Lessee shall maintain in accordance with
generally accepted accounting principles and keep for a period of
five (5) years and for such additional reasonable period as the
Lessor may request, records and books of account and such other
records as the Lessor may reasonably request. Lessee shall record
all transactions for the conduct of the business provided for
herein, all of which records and books of account shall be made
15
. -~,~ T........._."'~...~___><~.~.... ........._~. ~
-
...
-
..Ll
~. I' ..
I.",
,,1,
~ ~ ~
',,' .',. P, ..~-\., .>~, .....~.....~..__~:_>..__...:..:.....:....c~~:_:....4_......,. ,j .......~'....J+...:...~,.
available at the Airpark, or in such other location as may be
requested.in writing by the Lessor.
~ ' :
G. Lessee will submit to the Lessor an annual financial
report prepared in accordance with generally accepted auditing
standards and compliance with the Lease Agreement. The report
will be submitted to the City no later than three months after the
completion of the Lessee's Fiscal Year, and Lessor, at its option
may inspect Lessee's financial records upon written notice.
H. The acceptance by Lessor of any statement by Lessee, or
of any payment, shall not be deemed a waiver of .the right of
Lessor to claim additional payment after a review and inspection
of.Lessee's books and records nor shall such acceptance constitute
a waiver by Lessee of any claim for a refund from Lessor fora~y
o.verpayment.
I~ Lessee will use cash and credit control devices of a
type ,acceptable to Lessor and that accurately reflect the gross
revenues of Lessee from all sales.
. .
...
I'"
ARTICLE VI
UTILITIES
Lessee agrees to pay the cost of all utilities for the facilities
leased~ In the event Lessee fails to pay any utility bills when
due, Lessor may, at its option, pay the same and collect from
Lessee the amounts so disbursed, plus interest at the maximum rate
allowable by law unt~l paid, and in such event, this Agreement is
subject to termination at the option of the Lessor.
ARTICLE VII
INSURANCE
~- '.
Lessee shall procure and maintain during the term of this
Agreement insurance against claims for injuries to persons or
damages to property which may arise from or in connection with
this, Lease. The cost of such insurance shall be purchased and
paid by Lessee.
A. Minimum Scope of Insurance
,:
Coverage shall be at least as broad as:
1. Insurance Services Office form number CG 0001
(latest edition), or. CG 0002 (latest edition) covering
Comprehensive General Liability; and Insurance Services Office
form number GL 0404 (latest edition) covering, Broad Form
Compr~hensive .General Liability, and
, .
'"
I,' .'
;,
16
-
.dI
A.
'.
..
~. c . .
'. .
. ,
c .
r"
,I'
.f .
.,
, I. ,
---"---~~~_.-._----~--
.':. \ .
, .
j '.'
",
.' .'
.',
" ",'
. ,
. '. .... c .. "'~.. .. ~ . ~
"\
... ~......... _ I ..... c c ,.,.~. .....-'i.......t< 4.. .l+.',o. .. . >
2. Insurance Services Office form number CA 0001
(latest edition) covering Automobile Liability, code 1 "any auto";
and CA 002 (latest edition), and
3. Lessee shall procure and maintain, for the life of
this lease, workers' compensation insurance covering
all employees of Lessee with limits meeting all
applicable state and federal laws. This coverage
shall include employers' liability insurance with
limits meeting all applicable state and federal laws.
B. Minimum Limi t.s of Insurance
Lessee shall maintain limits and types of insurance coverage as
provided in this Lease and Operating Agreement. The minimum
limits and types of insurance that Lessee shall maintain in
general are set forth in this Article VII. However, the limits
and types of insurance coverage for specific activities of the
Lessee at the Airpark are set forth in Article III and the Lessee
is required to maintain that coverage if that specific activity is
engaged in by the Lessee and is not otherwise covered by the terms
of the general insurance coverage. If the specific activity
engaged in' by the Lessee is insured by the provisions of its
general coverage provided pursuant to the requirements of this
Article VII, then the insurance requirements for that activity
under Article III will be deemed satisfied and no additional
insurance policy or endorsement to a policy shall be required of
the Lessee.
1. Comprehensive
combined single limit each
property damage to include:
General Liability $1,000,000.00
occurrence for bodily injury and
a. Premises and Operations
b. Independent Contractors
c. Products and Completed Operations
d. Broad Form Contractual
~ ~
e. Personal injury
2. Aut.omobile Liability - $1,000,000.00 combined'single
limit bodily i.njury and property damage each occurrence, if any
automobile is used in Lessee's operations.
3. Workers' Compensation
maintain, for the life of this
insurance covering all employees of
applicable state and federal laws.
Lessee shall procure and
lease, workers' compensation
Lessee with limits meeting all
This coverage shall include
17
. . I . ('.' ~ .
'. I
, ,
~ , T ~ ..~.......+..~~~~,....:_l. n' ,.._.... ~L""". .I~~.~' ;J :.: '." .
e.,
employers' liability insurance with limits meeting all applicable
state and federal laws.
4. Proper~y Damage - Equal to replacement cost of real
or personal property owned by the Lessor, . or acquired by the
Lessor, or by the Lessee on the Lessor's behalf, during the term
of this Lease. Policy shall identify by separate schedule each
item of personal or real property covered and its respective
replacement cost.
5. Dangar Keeper's Liability $100,000/$300,000
combined single limit property damage and theft each occurrence.
6. Product Liability - $1,000,000 combined single limit
property damage each occurrence.
7. Aircraft Liability $1,000,000 combined single
limit. bodily injury and property damage with $100,000 limit per
passenger.
,. .
8. Co-insurance
A minimum of 80% co-insurance is
>. '
required.
~ ~. '
C.
Deductibles and Self-Insured Retentions
Any deductions or self-insured retentions must be declared to and
approved by the Lessor. At the option of the Lessor, either the
insurer shall reduce or eliminate such deductibles or self-insured
retention as respects the Lessor, its .officials and employees or
the Lessee shall procure a bond, letter of credit or other
instrument acceptable to Lessor, guaranteeing payment of losses
and related investigation, claim administration and defense
expenses.
D. Other insurance Provision
,.,t,
The policies are to contain, or be endorsed to contain, the
following provisions:
1. General Liability and Automobile Liability Coverage
a. The Lessor, its officials, employees and
volunteers are to be covered as insured as respects liability
arising out of activities performed by or on behalf of the Lessee;
products and completed operations of the Lessee; Premises owned,
leased or used by the Lessee; or automobiles owned, leased, hired
or borrowed by the Lessee. The coverage shall contain no special
limitations on the scope of protection afforded to the Lessor, its
officials, employees or volunteers.
18
. ,
..~,.:1'.:;,,~...'f~r&\:It.1~j;t~~uu.1~' ~"'''''''-.'' ~~~....... hr . ................
.. .~.,. ..... ..;.....~...~,... i~"-.f..."b". .
-
, I'
"".
, .
, '
L\:
t
r
t~
,
I .
. ., .~ .
. ~. ~
t' . . ........... +. r. '~.-"" n~ .... ~...........~ _
b. The Lessee insurance coverage shall be primary
insurance as respects the Lessor, its officials, employees and
volunteers. Any insurance or self-insurance maintained by the
Lessor, its officials, employees or volunteers shall be excess of
Lessee insurance and shall not contribute with it.
c. Any failure to comply with reporting provisions of
the poliCies shall not affect coverage provided to the Lessor, its
officials, employees or volunteers.
d. Coverage shall state that Lessee insurance shall
apply separately to each insured against whom claim is made or
suit is brought, except with respect to the limits .of the
insurer's liability.
2. Workers' Compensation and Employers' Liability Coverage
The insurer shall agree to waive all rights of subrogation against
the Lessor, its officials, employees and volunteers for losses
arising from work performed by Lessee for the Lessor.
3 . A1I. Coverage
a. Each insurance policy required by this clause shall
be endorsed to state that coverage shall not be suspended, voided,
canceled, reduced in coverage or in 1imi ts except after thirty
(30) days prior written notice by certified mail, return receipt
requested, has been given to the Lessor.
b. If the Lessee is underwritten on a claims-made
basis, the Retroactive Date, shall be prior to or coincide with the
date of this Agreement and the Certificate of Insurance shall
state that coverage is claims made and also the Retroactive Date.
The Lessee shall maintain coverage for the duration of this Lease
and for the two (2) years following the completion of this Lease.
It is further agreed that the Contractor shall provide the Lessor
a sixty (60) day notice of aggregate erosion, in advance of the
.Retroactive Date, cancellation and/or renewal. It. is also agreed
that either the Lessee or Lessor may invoke the tail option on
behalf of the other party and that Extended Reporting Period (ERP)
premium shall be paid by the Lessee.
E. Acceptabi1ity of Insurers
Insurance is to be placed with an insurance company authorized to
do business in the state of Florida and possessing a Bests' rating
of no less than A:XIII.
19
.
.>
" '~L.. .<~~; . ~,.........................,...~.
. ~. . t" ..
F. Verification of Coverage
.,
Lessee shall furnish the Lessor with Certificates of Insurance and
with the original policy or policies of insurance with all
endorsements affecting coverage required by this clause. The
certificates and endorsements for each insurance policy are to be
signed by a person authorized by that insurer to bind coverage on
its behalf. The certificates and endorsements shall be submitted
on standard insurance forms used in the insurance industry or on
any other form acceptable to Lessor together with a written
statement from Lessee's insurance broker or agent that all
insurance policies provided by Lessee to Lessor complies with the
insurance requirements set forth in this Lease. and Operating
Agreement. These forms shall be received and approved by the
Lessor before execution of .this Lease and Operating Agreement and
other lease documents by authorized Lessor.
G. Subcontractors of Subleases
Lessee shall include all subcontractors/subleases as insured under
its policies or shall furnish separate certificates and
endorsements for each subcontractor/sublessee. All coverage for
subcontractors/sublessee shall be subject to all of. the
requirements stated herein.
ARTICLE VIII
LIABILITY AND INDEMNIFICATION
A. Lessee agrees to assume all risks of the Premises and
all liability therefore, and shall defend, indemnify, and hold
harmless the Lessor, its officers, agents and employees from and
against any and all loss, li.ability, and damages of whatever
nature, to persons and property, including, without limiting the
generality ,of the foregoing, death of any person and loss of the
use of any property. This includes, but is not limited to,
matters arising out of or claimed to have been caused by or in any
manner related to the Premises or Lessee's operations or those of
any approved or unapproved tenant, subtenant, licensee, invitee,
contractor, subcontractor or other person approved, authorized, or
permitted by Lessee in or about the Premises, including losses,
liability, and claims related to air and noise pollution, or any
other operations pursuant hereto, whether or not based on
negligence. Lessee shall defend all such claims, demands, and
suits, whether groundless or not, at Lessee's own cost and
expense. Further, Lessee does hereby covenant and agree to
indemnify, hold harmless, and defend Lessor, its officers, agents,
and employees, from and against any and all loss, liability and
damages arising out of or in any manner related to any breach by
Lessee, its agents, employees, invitees, licensees, contractors,
subcontractors, tenants, or subtenants, whether approved or
unapproved, of any of the terms, conditions, or other provisions
of this Agreement.
20
_~"r. ,..,:,~:.,\t'.J~"'~I~aF' .of"'.' , ." I.. ~._-~"-~_~'1 .OJ.<, ........"4.....>1., ..~. >" .
~..r..'~""",."" --.. . ..... .... ..-h-.. ' .1.:.. ,-'.' ' ~.' ~
B. Lessee agrees to defend, indemnify, and hold harmless
the Lessor, its officers, agents, and employee from and against
any and all claims or liability for compensation under any
workmen's compensation statute arising out of injuries sustained
by any employee of Lessee or any licensee, contractor,
subcontractor,. tenant, or subtenant of Lessee.
c.' Lessee agrees to indemnify Lessor from and to assume
all liability for, and to pay all taxes and assessments of every
kind, including taxes imposed or which may be imposed by the
County of Pinellas and Lessor, which by law may be levied or
assessed on the Premises occupied by Lessee pursuant to this
Agreement, or which arise out of the operations of Lessee, or by
reason of occupancy by Lessee or any of Lessee's agents,
licensees, invitees, contractors, subcontractors, tenants, or
. subtenants, whether or. not approved by the Lessor. Lessee shall
be responsible for obtaining Qills for all of said taxes and
ass~ssments directly from the taxing or assessing authority, and
shall promptly deliver to the Lessor copies of receipts of
payment.
, .
~ . .
i .'
I,
D. Lessee's obligations to defend, indemnify, and hold
harmless, as set forth in this article, shall include any and all
attorneys' fees and investigative expenses, incurred by Lessor in
the defense and handling of said suits, claims, damages, and the
like, and in enforcing and obtaining compliance with the
provisions of this Article.
ARTICLE IX
DISCLAIMER OF ~IES
"
This Agreement constitutes the entire Agreement of the
parties on the subject matter hereof and may not be changed,
modified or discharged except by written Amendment duly executed
by both parties. Lessee agrees that no representations or
warranties shall be binding upon Lessor unless expressed in
writing herein or in a duly executed Amendment hereof.
It'is understood and agreed that:
A. Lessor does not warrant, and hereby disclaims any and
all liability and responsibility for or on account of the
condition of, the Premises, or the Airpark or any portions
thereof, or for or on account of anything affecting such
conditions.
B. Lessor makes no warranties and has no obligations or
liability for or with respect to the removal of sand, water or
debris from the Premises of any part thereof.
.' \
C. Lessee makes no warranties and has no obligations or
liability for or with respect to the acts or omissions of, or the
presence or absence of any other Lessee or operator at the Airpark
21
" ';
.' ....'..04" F...'....'"...J:..~.~.-.;....,.....~ ... F'.....' ,.~., "r.; I
D. Lessor makes no warranties
obligations or liability with respect to
air quality, or air pollution.
and
noise,
shall have no
noise pollution,
ARTICLE X
LESSEE AS INDEPENDENT CON'l'RAC~OR
In conducting its business hereunder, the Lessee acts as an
independent contractor and not as an agent of the Lessor. The
direction, and payment of Lessee's employees shall be the sole
responsibility of Lessee, and Lessor shall not attempt to exercise
control over the daily performance of duties by Lessee' employees.
Lessee acts independently as to
. assi.gnment.
selection, retention and
ARTICLE XI
ASSIGNMENT
. .
;
This Agreement, nor any part thereof or any interest therein,
shall not be assigned, transferred or subleased by Lessee without
the express written consent of the Lessor which shall not be
unreasonably withheld. This shall include any agreements or
subleases in effect at the commencement of this agreement.
Lessee's failure to obtain Lessors written consent to any
assignment, transfer or sublease shall render such agreement null
and void.
(':"
I ~.
I: .,
All principals of the Lessee and their respective percentages
.of ownership shall be disclosed to the Lessor in writing and it is
expressly agreed that if the Lessee is a corporation, any change
in the ownership of corporate stock; or if a partnership, the
addi tion to or ""i thdrawal. of any partner from the partnership
firm; or the addi.tion to or withdrawal of a principal Lessee in
whatever capacitYjl by purchase or sale, or operation of law or in
any other manner' whatsoever, without the consent of the Lessor
shall be deemed an assignment.
Notwithstanding any attempt by Lessee to assign, transfer or
sublease this Agreement, or any part thereof or interest therein,
Lessee shall remain obligated and liable to Lessor for the
performance of all covenants, terms, and conditions, warranties
and other provisions of this Agreement to the same extent that
Lessee would have been obligated and liable if such assignment,
delegation, or sublease had not been attempted, but such attempt
shall be deemed an act of material default by Lessee.
,
\
i
! .
It is understood and agreed that Lessor may, at any time,
with notice, assign or delegate any or all of its rights
hereunder.
22
_~~}t" .~;""'~.;\b~jlll0t4......... ....,,,.'
...~ ~...~..~. ....><'........-. ""1
.... -.... ~.,' _..,.~ . ";.. ~". ~
, <, ~ .
~. .
"
, . "
t", .
~~..-~ .~-."i,.,,~....._~~ ;Io~'" . c '.0.:,.',. 1".
ARTICLE XII
NONDISCRIMINATION
. Notwithstanding any other provision of this Agreement, during
the performance of this Agreement, Lessee, for itself, its heirs,
personal representatives, successors in interest and assigns, as
part of the consideration for this Agreement, does hereby covenant
and agree, as. a covenant running with the land, that;
A. No' person shall be excluded from participation in,
denied the benefits of, or otherwise be subjected to
discrimination in the use of the Premises on the grounds of race,
color, religion, sex, handicap, age, or national origin.
B. In the construction of any improvements on, over or
under the Premises, and the furnishing of services therein or
thereon, no person shall be excluded from participation in, denied
the benefits of, or otherwise be subjected to discrimination on
the grounds of race, color, religion, sex or national origin.
\.:.
C. Lessee shall use the Premises in compliance with all
other requirements imposed by or pursuant to Title, 49, Code .of
Federal Regulations, Department of Transportation, Subtitle A,
Office of the Secretary, Part 21, Nondiscrimination in Federally
.Assisted Programs of the Department of Transportation-Effectuation
of Title VI of the Civil Rights Act of 1964, and as said
regulations may be amended.
'c,
ARTICLE XXII
REQUIREMENTS OF THE UNITED STATES
.1.,'
This Agreement shall be subject and subprdinate to the
provisions of any existing or future Agreement between Lessor and
the" United states, or any agency thereof, relative to the
operation or' maintenance of the Airpark, the execution of which
has been or may be required as a condition precedent to the
expenditure of federal funds for the development or operation of
the Airpark.
ARTICLE XIV
DEFAUL~ AND TERMINATION
A. Termination by Lessee. This Agreement shall be subject
to termination by Lessee at its option in the event of anyone or
more of the following events:
,~ I.. .
1. The abandonment by the Lessor of the Airpark as an
airport or airfield.
2. The default by the Lessor in the performance of any
of the terms, covenants or conditions of this Agreement, and in
.,'i
23
iij~~~\~J,;~T4~A ,'<}l.I..~t"~".. .,.
- ... , .~.. . '... ....a...._+. ""1~~'-'j.,..._....I'''''''.{.'''''. n.... ,,-'T. >
. ... ....... r'..... ~. 'l." , ..' . "',' .,. .
, ' \; .....~r '
, .)'
.' .
p j'
.. .~ .-. ..
.. .....,... ~ ~1 '~ ... :", , ). II- ~ .
the failure of Lessor to remedy, or undertake to remedy, to
Lessee's satisfaction, such default for a period of t.hirty (30)
days after receipt of notice from Lessee to remedy the same.
3. Damage to or destruction of all or
Premises or Airpark facilities necessary to the
Lessee's business not repaired within 180 days.
4. The lawful assumption by the United States, State of
Florida, or any authorized agency thereof, of the operation,
control, or use of the Airpark, or any substantial part or parts'
thereof, in such a manner as to restrict substantially Lessee from
conducting business operations for a period in excess of
forty-five (45) days.
part of the
opera tion of
B. Termination by Lessor. This Agreement shall be subject
to termination by Lessor at its option in the eVAnt of anyone or
more of the following events:
,L
1. The material default by Lessee in the performance of
any of the terms, covenants or conditions of this Agreement, and
in the failure of Lessee to remedy, or undertake to remedy, to
Lessor's satisfaction, such default for a period of thirty (30)
days after receipt of written notice. from Lessor to remedy the
same.
,.
2. Lessee files a voluntary petition in bankruptcy,
including a reorganization plan, makes a general or other
asslgnment for the benefit of creditors, is adjudicated as
bankrupt or if a receiver is appointed for the property or affairs
of Lessee and such receivership is not vacated within thirty (30)
days after the appointment of such receiver.
3. The Lessor determines that a municipal need exists
for all or part of the Premises consistent with the Lessor I s
Charter.
, ,
4. The Lessee has violated the terms of the agreement
by a consistent pattern of conduct detrimental to the operation of
the Airpark.
C. Exercise. Exercise of the rights of termination set
forth in Paragraphs A and a, above, shall be by five (5) days'
written notice to the other party. Forbearance of timely notice
shall not be. deemed a waiver of any breach.
D. Removal of Property Upon termination of this
Agreement for any reason, Lessee, at its sole expense, shall
remove from the Premises all signs, trade fixtures, furnishings,
personal property, equipment and materials which Lessee was
permitted to install or maintain under the rights granted herein.
If Lessee shall fail to do so within thirty (30) days, then Lessor
may effect such removal or restoration at Lessee I s expense, and
., .
24
. .
.. ~ . .... ......,.cJ.._..,.
I
I
I
Lessee agrees to pay Lessor such expense promptly .upon receipt of
a proper invoice therefor.
.',
E. Waiver. The waiver of any breach, violation or
default in or with respect to the performance or observance of the
covenants and conditions contained herein shall not be taken to
constitute a waiver of any such subsequent breach, violation or
default in or with respect to the same or any other covenant or
condition hereof.
ARlfICLE XV
MISCELLANEOUS PROvrSIONS
...:.."
A. The point of contact for all matters related to the
Lease Agreement and all other conditions, acti vi ties and events
relating to the Ai~park shall be the Lessor's Engineering
Department Staff Liaison or as otherwise designated by the
Lessor's City Manager.
B. It. is understood by the Lessee that no right or
privilege has been granted to Les~ee which would operate to
prevent any person, firm or corporation operating aircraft on the
Airpark from performing any services on its own aircraft with its
own regular employees (including, but not limited to, maintenance
and repair) that it may choose to perform.
C. It is understood and agreed that nothing herein shall
be construed to grant or authorize the. granting of an exclusive
right other than rights of possession and peaceful enj oyment to
the Premises.
.....
D. Lessor reserves the right to further develop or improve
the Airpark as it sees fit, taking into consideration the desires
or view of the Lessee, and wi thout interference or hindrance.
Lessor shall make every effort to minimize the disruption of
normal Airpark usage during periods of repair or further'Airpark
development. The Lessor proposes to construct a medium intensity
runway light system (MIRL) and a low intensity taxiway light
(LITL) system and the Lessee agrees to maintain these systems
throughout the term of this Agreement. All improvements
.constructed at the Airpark shall be owned by the Lessor at the
expiration of this agreement.
E", During time. of war or national' emergency Lessor shall
have the right to lease the landing area or any part thereof to
the United States Government or State of Florida for military or
naval use, and, if such lease is executed, the provisions of this
instrument insofar as they are inconsistent with the provisions of
the lease to the Government, shall be suspended. Lessee's rents
will abate accordingly.
F. Lessor reserves the right to enter upon the Premises
for the purpose of making any inspection it may deem expedient to
I,:;'
I.
25.
"
~::i;=.I.J~:l.~::;;I;~-'::rf~~~;~,I'L,<"1""-"""""- .~...~.., 1o.. ~""."""'~"""'~I....,~,~<:;l.,'v, I~.I."'\'.-:"I:''''-''': l.~ ... ...~. ..., ,.
.. ~. .&11
W_'? .< " . ....... 'oJ, , . ~,......' .~ .
. "---
'co .
------- .... .---
t'.
"
~ c' f. .
~~~: ..
,'.
",\'
.. ~, .
'.
,>,: .
~~---~- ---
. ..
J:
./
j
~ ;
~ , . I', l . ,,~..
.j'< 0'" M.' P'T c..
the proper enforcement of any of the covenants or conditions of
this Agreement. Lessee agrees to correct any violation within a
reasonable time thereafter, and if Lessee fails to correct such
violation, then Lessor may assess a fine or penalty as determined
by Lessor.
G. Lessor reserves the right to bar, terminate, or
otherwise prohibit the use of its common use, publicly-owned
facilities by persons, activities or organizations including
Lessees judged by the Lessor, or other duly authorized authority
to be ,operating in an unsafe or unauthorized manner.
B. Severability - If a provision hereof shall be finally
declared void or illegal by any court or administrative agency
having jurisdiction, the entire Agreement shall not be void, but
the remaining provisions shall continue in effect as nearly as
possible in accordance with the original' intent of the parties.
x. Notice - Any notice given by one party to the other in
connection with the Agreement shall be in writing and shall be
sent by certified mail, return receipt requested, with postage and
fees prepaid:
1.
If to Lessor, addressed to:
With a copy to:
City Manager
Attn: Engineering Department:
City of Clearwater
Post Office Box 4748
Clearwater, FL 34618-4748
City Attorney's Office
City of Clearwater
Post Office Box 4748
Clearwater, FL 34618-4748
2. If to Lessee, addressed to:
Clearwater Aircraft, Inc.
1000 North Hercules Avenue
Clearwater, Florida 34625
Notices shall be deemed to have been received on the date of
receipt as shown on the return receipt.
J. CorPorate Status - Lessee shall .keep its corporate status
active and current throughout the term of this agreement. Lessee
shall annually,file on the anniversary date of this agreement with
Lessor a copy of the Certificate of Good Standing from the State
of Florida. Lessee's failure to bring its corporate status
current, after thirty (30) days written notice from Lessor, shall
be a default under this agreement.
K. Attorneys Fees Lessor and Lessee agree that the
prevailing party in any litigation arising out of this agreement
shall be entitled to attorneys fees and costs, and that litigation
shall be in a court of competent jurisdiction in Pinellas County.
26
;r\>j~.;.f~~~~A~~h~}I:.'~J.' 1~~.t;"d~:",,~Jt:'~':'1H'4"~"V' .~.~..~.......n:...,. .~,' .... ,.
,', ,...... F T ~ r . . * I l c . ~... >
,"
. 'l" ~
-
~-'--~~----~-~-.----- -..-
1I
; T ' d
.'! ~'. \
/ " + .
~ ~ ,.
~, - ,~
:,. . -, ...._-~.....,.-'""/I~..,..,~~.. ,
. ~. >- ....-....... ':. " ..,.
ARTICLE XVI
L'P ~\SEHOLD IMPROVEMENTS
\
"
No improvements, additions, or changes shall be made to the
Premises without the prior written consent of the Lessor. It is
further agreed that any improvements, additions, or changes shall
be made by the Lessee at its own expense and at the option
of the Lessor shall become the property of the Lessor upon
expiration, or prior termination of this Lease Agreement or any
extension or renewal thereof. Should the Lessor elect. not to
exercise this option, the Lessee agrees to remove such
improvements, additions or changes at its own expense and deliver
the Premises to the Lessor in as good condition as they now are.
,.,
...
Lessee may construct additional general aviation facilities
such as a new terminal/hanger and T-hangers so long as such
construction conforms with the Airpark Master Plan, conforms with
all code requirements, and is approved by Lessor.
Lessee shall also have the first right of development of the
'150 x '250 outparcel located on Hercules Ave. as described in
Exhibit A, so long as the Lessee and Lessor agree on the use, and
agree on addition rent for such use. The lease must be approved by
Lessor' S. City Commission and must conform with all code
requirements and any other conditions applicable to the use.
~N ~TNESS WHEREOF, the parties hereto have set their seals
on the date first above written.
I
. ....
.'
~./
.,
I. .
"
, .
,
Countersigned:
CITY OF CLEARWATER, FLORIDA (Lessor)
J .
!
1
'j;
'. ~c
Rita Garvey
Mayor-Commissioner
By:
Michael J. Roberto
Ci ty l'-1anager
,
.1
I
I
,
i
! .
Approved as to form:
Attest:
John Carassas, Esq.
.Assistant City Attorney
Cynthia E. Goudeau
City Clerk
.,.
CLEAIUmTER AIRCRAFT, me. (Lessee)
I
-i"'
By:
Name: Clarence Emshoff
Its: President
,
, ~. .
..,
., ~ .
.;:
;. .
27
I .
. . ------1 -A" She c t 1 of :z
-.- Exhl bit
w
~
z
~
<
III
w
..J
i3
a::
w
:r
N
~!.(
w ......~..- E
'('
S
o
t-
BOO
<400
_.-.w~
SCALE : FEET
AIRPORT DRIVE
S-T-R: '2-1;9Nb~ A SURVEY
NOTE: THIS
AIRP~t<B~~R8W AIRPARK 101.-1.
g~~E: 5/20/97 64.05 ACRES
CllBERT STREET
-
. .
- !'. 'r' ~"'.r...... ~"'". ........'~P.....~ _. ,
AfRP ARK LEASE
DESCRIPll0N
IT
N8919"26.W
. t
\ 434.06'
Parcel 2
\ 4.52 acre. I
w
. .
en..
IOtQ
c.oed
ro
ocn
o
z
\
. ...- ., ~ , I.
AIRPARK LEASE
DESCRIPT10N
Exhibit -A- Sheet Z. of 2.
N
,I~
W.....~~E
','
S
w
::)
z
~
<(
[/)
W
...J
=>
(.)
~
w
:c
N89"09"12.W GRAND A VENUE
L6
\
'. UNE TABLE
1 891910 W 50.00
L2 S 001659 W 22.07
L3 N 03'51 07 W 92.96 Porcel 1
L4 N 29"57 09 W 132.28 21.52 acres
L5 N 21~7 15 W 204.07
L6 S 89"21 07 E 88.01
L7 N 001659 E 134.20 \
L8 S 00'38 53 W 95.00 w
L9 N 89"21 07 W 237.84 \ ~+
L10 S 89-4919 W 131.67 100
Ll1 S 001659 W 220.46 "Com
b~
0"-
z
\
S-T-R: 12-29-15.
NOTE: llilS IS NOT A SURVEY
DRAWING NOT TO SCALE
AfRLEASE.DWG
DRAWN BY: RBW
DATE: 8/25/97
.-
VI
AIRPORT DRIVE
....
....
..J
589"22"'6-E
375.00'
GILBERT STREET
.....d::......~~_~~_~
Ll.
.
, "',
"
. .,
: '",
. ,
!.
~ .~ ,_........__\.....-.4........ ~
. .,.... . ~ .
EXHIBIT UB"
CLEARWATER AIRPARK
TIE-OOWN/HANGAR LEASE
That the
has thIs day leased to
(Name of Lessor)
Space No.
Description
(I.e. Hangar/Grass Tie Down/Hard Stand)
located on the CleafWater Airpark on a month-to-month term beginning on the 111 day of
t 19_. upon the following terms and condition:
1.
The space is to be used solely for the parking of the Tenant's aircraft with the
exception that automobile parking In the space is permitted while the aircraft Is
being flown.
2.
Aircraft parked in each space must be registered with the Clearwater Airpark.
The aircraft to be parked Is described as
3. The Tenant does not have the right to sub-lease a space without Lessors
approval.
4. Airworthy aircraft may not be under repair for more than ninety (90) days.
5. If the Tenant changes the aircraft to be parked in the space, the identifications
and N-number of the new aircraft must be reported to the Airport Manager and
shown on thIs rental agreement.
6.
Rent in the amount of $
plus applicable sales tax is due on or
before the first of each month beginning
,19._;
and will be considered delinquent if not paId on or before the 20th of the month.
'i'.' .
,'........ . .,.
.\
~'" .. ~ Ie I . - - .
If the Tenant has not paid the rent on or before the last day of each month when
it becomes due. the Lessor, may terminate the rental agreement. The Lessor
reserves the right to adjust the rental amount upon fifteen (15) days written
notice to the Tenant. Partial payment of the tie-down space rental will not be
accepted by the Lessor.
7. The Tenant shall make no structural. electrical, or other modification to the
premises without Lessor's written consent and securing a permit from the City.
Tenant is subject to penalty.
8. The Tenant shall be responsible for all damage to the leased premises caused
by the Tenant's negligence or abuse. If the Tenant does not promptly repair
any damages caused by its negligence or abuse after notification by the Lessor
andlor Cityt the City reserves the right to make repairs at the Tenant's expense
which shall become due and payable as part of the Tenant's rent on the next
monthly billing cycle.
9. Partial payment of space rental will not be accepted by the Lessor.
10. The Tenant shall purchase a hangar lock from the Airport Manager with one (1)
key supplied to the Tenant and one (1) key to be retained by the Airport
Manager.
11. The Lessor and the City reserves the right at all times to enter the space for
security, firet and other emergency inspections. The space shall not be used
for any Illegal purposes or used in connection with any illegal activity.
12. Remedies for default and payment. If the Tenant defaults in the payment of
rent or does not fulfill the other terms .and conditions of this Lease, the Tenant
does, by the signing of this Lease, grant the Lessor or the City the right to
remove the airplane and all contents from the space and to then lease the
2
.
. < I' .......
.t','
~ ..
..<.'~"<I.. .... ....~..'-"T.-:"~...........o~ ,.... ._~.
c ..-t:, ~t +, ....."; ;r ,
space to another tenant. Any airplane removed from space for non-payment of
rent shall be impounded by the Lessor or the City in an area designated by the
Airport Manager, and shall not be removed until all unpaid rent, storage charges
and fees are paid In full. This section shall be construed to be an additional
remedy and right granted by the Tenant to the Lessor in addition to any other
remedy available by law.
13. Tenant shall keep area of space clean and clear of oil, grease, and other stains.
14.. No explosive or flammable materials will be permitted within or about the space
with the exception of fuel in aircraft tanks.
15. No boxes, crates, rubbish, paper, or litter that could cause or support
combustion shall be permitted within or about the space. All spaces shall be
kept clean and neat.
16. Tenant may polish or clean aircraft in the space if flammable materials are not
used.
17. No shop equipment shall be installed in the space.
18. Lessee shall be permitted to perform only those repairs and/or maintenance
which are specifically authorized under Federal Air Regulations, Part 43,
preventive maintenance allowed by owner/pilot and subject to approval by the
fire officia', which does not require the services of a licensed A & P mechanic.
This maintenance may be performed only by the owner or operator of. the
aircraft.
19. The Tenant is not permitted to bring onto Airpark property fuel not dispensed
from the Airpark fueling facilities with the exception of fuel in the aircraft tanks.
20. Failure to abide by these stipulations will result in termination of this Agreement.
3
.
:,.... '-:; ~ .~'
e'.
.;e,
;,. ..
c"
: <. "
.' .. ~
",' '
:::~, :'
\'.-
(.:
to.: .
1 ..'~
-I . .~ .
f~~:'.:,
~:~~~> j
;:,1
.1::..
.. ;,
I', ~', ' .
: ~: ! .
~... :'I. ,.
'.',',
"
p~~, .
)t' :.
'1\~~1' .
:.I!. .
. ~,:~ . .
,~t. i
:":i ,
, l,; ~
":: 'l ~ '
. ~;/
..,
,. ,
"
:'i~:: .
f'. . ~ c
,~'. ' ,
.
., -
.;.. c'
j:. .
~'. ;
:.,r.~.' '
~..i .
;~p ~','
~ .:
. :y
'I. q' '.
:/}......', '
,. ~ :.
)~'
~ ';'.'
y
+~.i. I .
.. J.
l., :."
fl : ~
~ji:"':- ..., ..
r'\ .,~:;
~':.'1 i'
~::~~.~:
~j.
,~;:~.: . <.
;t~... .
'. ~ ,
')
. . ~ '<" . . '. \~
: ~ ~, .
.'~
:,/',.:i~;r.:t:..'<,/" "
. . :. ~
e"
.. r
. '. ~ ~
..\
. 0 ",
. " .
.. ~ .. i.
I ,..
1'.' ..
1- : ~
- , " ~
.',
'I..
" ,. ';,1' ~"
.. .. _:.: ,::.~:~.:': ~.'<;/~,.>~.: ,,"; c,:';,,"';:.: .
i " 0.:'''' > I. ':. . .:' '~,;: .:/., / : :c,
,~ :.:~ ~ . ;>' '; I : l, ;. j: .. -; ~ 3.. I
. .
T...:....!~-:::~~...>I~.....1!IoF'o~.I....~. ,~"
. . .1'
. '. ~ I " :; j, I:
, ~.~.......... ,. ~,
". .~......,....'n,t;::."I.t'~.~.. +..... ,""..
..,' ""', ,.',,'T
. I. ,- 'f"
21. If It becomes necessary for the Lessor to use legal process to collect unpaid rent
or charges, the Tenant shall pay all costs of collection at trial and appellate
levels, Including attorney fees, incurred by the Lessor.
LESSOR:
By:
Date:
. TENANT:
.By:
Date:
.,
;
!I
j ':
l
I
I.
I:
i
I
I.
!
i I
I,
r
'.
i::.
i
."
,
j .
4
----<b
-
." . '. i. ' . . "/ ." ~', ;.....f'......~ \ '!- ':
..:...' .<.
... ,-':. ~
'ft
. f ~ ~
.;
, .
.' .
., ,
t:- ~ . I ,
.. ,;
; ~
.', (<';.
"
" .
I." .
. ~ .., .
-: '
:c.)
.'..' '{ r'.hr.'
. ...'
. ,': \
.. ,',
, .' ,. ~~. < ..,. ~
. ,::;.;.; '. :'. \; :. .t;,.'..: ::
.. .' ,
't._ . ..,.
. ", I ~ .. .-ce' -..' > t:" <: " c
. l... =:'. ~ ' '. , . ' ". i. . I
. .' ! '. ..... ;.! ....... ~. <, <':.' "':. ".
. ~,...,q '~"'r:rf~..tt"".,......,,~_...,,_:~~~~:2:.'. ';,~ '......;, v;~,::~;.;"'}.,..,.~~.,~~. ,... .:...,..' '.." .""
''';'':
.
;; ~ c
EXHIBIT .C.
I "~:c~ ..' ~
. L
....
I .
'0.
. ,\.
HANGARlTIE DOWN RENTAL RATES EXCLUDING STATE SALES TAX
.,
'. .
, .~
~i .
!~~':
1) Enclosed T-Hangars A & 8
2) Enclosed T~Hangars C
$300.00-$325.00 per month plus tax
$275.00 per month plus tax
$160.00 per month plus t~
$ 60.00 per month plus tax
$ 50.00 per month plus fax
i~.~:" .
< f'.: '
. 1
'.[.,
1;1-: 0 '.
.-" . '~':',
~ ::. 1 ,
t{:.: .',1
\:'::;:
, - ~
~~ti'::":",~ .
::;>~::'.::' ':
'~':. j .
~:.~,?. " , ' .: .
",. .'
t;."
;~~.~~ c i
r~}~ ~ .
~}' "..,'.
~ :: I ~
3) Covered ~hade Hangars
4). . Asphalt Tie~Downs
5) Grass ne~Downs
0, .
. '-,
~~<}
(~'T:
j . 0
. .
. c: \'
"T" .
:: }:~~
;.:.\ '
'\< ...
. . f
~. '
"If. .
~\:', " ..
::" ~..
:<'.;. L...
~~,~;;:~', ~Ic':
~~:./J."
.. . ~ .' .
,. .
.'
.-~. >(,;.
.::~~,Y.I'
;<
:-"t: c .
~;--- ;, 1
'.:,'\
:.~ J;. cO .
~';', t
.~~~~~~::. J "
~:!~'~< . "
'..". \~~~t;', .': ,
'~~.? .
II~"~: T
~;. ..
,'; ~ .
:i<'.'..
P">I\~4J P'\. .....:''''I't7\'')",...........-.....::"" _~_~,. ".' ....~...... ..............~.--....~M .~i.-.......T...... ,.
.. _.'..............4'~..._~<\...... ...-.:.......It;~J'IIj...:....,..,,~...."'................t~_~~...... ~.-..... ~...>1_.'.4 "~' ....~...'4...:-I".....H~, ,...,
..' ".t
J
1
i
i
j
,I .
I
t:
I.
I
I
...
,
!
i
I
I
I,
. i
~. ,..
-
l'
I;,
. I, ~ . .
." 0"', =
. ~cL ';"'0 "i., ., ~r~ ' ~<:.. .........:
_T',,' :'..
}-;>~HIU1'1' "U.
tt~. ;
nUILOlNa NUKBER. '410 BUl~lHO ~TI0n. ~ea~at~r ~l~rk 9omolex
TAAGE1' DAn.. 1,t:4_ '000 M, Rercultl ~venu..
COMPUTED b1tTJ. 90J001Q2 .., r . ., -- - . r
. ..
. .. .
.... INllIVJDU7W ~. or :u rACILJn WBJC2S in1;S' )1 1U'.J'fOvA'1'ZD ... '-
,
Ace...ibi. ~kln~ ,paC",
dod9nated by , .1gn .bow1n;
the .~1 ot accBu1bl11tl1
do not ex1.t. .
High.at operable pili 1. sa-
trOll 9rOund on tmergencr
Phon. &t Maln &ul1dlng.
A. Hallway a~ Hatn En~r&nc.
dc>o. not provldtt 3'- ·
opening ~lth via..
.countel'. 1n present:
locatIon.
B. When pilot. park In 8. (-4.3.2)(2).
9ra.l, thor. 1. no
accoSll.bl. walkway to
Kain Bu1ld!ng.
..
tUXEttT
JXJSTlltO B'J'1tn
.~
L J
'"
.
ParUn9
xlDerqenc)'
TolophoI"
Accol.rble Route
.
-t.. -:. .,
ADA'STiJroARD
. .
aOTii JAh" t"poad.bl. lor J,t)1
~bllpltbc.. : (4.1.'1. Ahe
(4.6.2)_
A. C4.3.3).
(4.2.61 s.c- PWcbowa h.19bt te
aide tiacb. .
I .
! .
c. Walblay doe. not oxl.t c. (4.3.2)(2).
fEom Main Sul1dln9 to
MAintenAnce Bul1din9.
D. Wal):\lar froa Main D. (4.3.4).
Build!n; to Fuel Station
doe. not have a
turnaround area.
(
E. Doe. not exl.t to Picnic I. (4.3.2)(2).
TAbl. in bACk of Haln
Sul1dll\9.
~'Ihr8Ihold at Kaln A. (4.13.1).
~!ntranc. Door 1. groater
thu 1/2-.
B. ~.a 1D tront of HalD ~. (4.13.11.
Entrance Door It _loped,
DOt le,..l.
Door.
C.)fain Intrance doorwa,
doe. not pro~ld. 32-
OPf'nlflg'.
D. Doorv.y. throughout Kaln
!uildlng (OffIce, ROlt
~, .to.) do not
pto~ldo 32- opening.
t.
. . .
.
,
. ....... ". ..
t. (".13.5).
b. (4.13.5).
.
,
.
<< . . ...... .. ~
.0,
~.....-.,.......~- ---- -
.........(1. ."t..,...-"-"
'..' .......:,...'
c,or,.,.<. . .
T l 'i' ;
su1LDI~O LOCATIO", ~l;arwlt.r ~lrp~rk ~t.x
1QQQ..,Jt. Q...:~u1,. Alerrg. .
nUILDINO NUMBER' '410 _
TAAOI'1' DATla 1'94 ~
COHPLtnn DATIa ~(OO{~
. .
... 2HPJV1tlUAL ')'Y.1.'1"\1PJ!:S of taB tAciLl'l't tc1ICJI WOt% 88 ltblov.u::tP -
,.. v
ILtH!.N't
.
Toilet Stall.
(Hain Buildln9)
c.,
Water Closet.
(MAin BuUdlng)
Urinal.
lJuild1;n9)
LayatorlllfJ
)llrl'or.
BuIlding)
(Hale
and
(HalD
-
. .' \
"-:
tXlSTINQ ~TJ\n
It ... . . .-.,....... ~ . ..
AD" S T>>n>AAD
I. DOOrYar llldlng outtld.
to ru. St'tlon d~" DOt
provide 32- opening-
. .
r. Doorway 19iuUn9 ou~dd.
to Patio dOj. J)Ot
provide 32- open1n~_
. .
(h "l'btG IIhold. at dOor
loadIng ou~.ld. ,to ru.l
station, ADd throlbold
At door ldadlng outtlc5.
.~o Patio, have 5- .t~pe.
A. 'l'here as:_ no .tatl. 1n A. (4.17.3). Allo C4.22.4).
Hen'. or Women" Relt
Room. that are proper.
.1t. and arrangement.
Urinal J.I) Hen'. J\.t.t P.ooca
baa rlm 25. frCtJ floor.
QHtrror. - oyer .J.nkt J.n:
\..:.:J)ten'l and WomeR'S li.t
JlC>Oa1' are too bIgh.
t;) .paper' towel' .U*f8naer 1D
\.::JKen" Relit ROOCI U too
high. .
c. slnke in Heu'. aDd C. (4 .2~.3J.
Jl~D'. Relt 1\oocU 40
not provide pro.per tn.o
clearance.
.
.
B. Doorway. .to .taU' in
Hen.' I and Bomen.. tteat
R~. do not provide 32-
open1n9.
.
A. ToIlet. in Ken '. ao4
t;oa:.en'. Jleitt Room. are
not .tbe proper haIght.
t;)cra..b bare do not exlDt
\:::) in Hon.. or lloc.en'. Ra,t
Room stalle.
D. Sink. 1ft Hon'. and
Nomen'lI Sleet ltooaI-' haT.
expo.ed w&ter plpel&
.. .. - .
-"'
i
i. .4.13.5)_
r. (4.13.5).
(1, (.. .13 . 8) .
8. C~.17.S).
.
A. (4.16.3).
B. (..i7.6).
.
i:C . 18 . 2 J .
A. C4.1'.&).
a. t4.23.'1). "110 14.2,5).(4.2.6)
D. (~.19.4)~ Alto (4.24.1).
t
.
of
I
.
r.
.
.
~~~..------
"f
. .;..~. .
tA,t'
. .
BOI~JHQ ~Tl~. ~lf8~Jt.~Alr~ark COmD~_X
).J)QQ If. 'Be(~1e1 Aven~.
B~JLnlHO NUHat~' 1j~O "
~AAcn .DATIl. 19~4_
COMPanD DATI. JmlsOO(QQ
..
.... JN1)JVJD~ nA:t'\nI.!' oJ' ~ I'ActLtn muea Iron 1lI JlENOVATZV --
J1J!.HINT
.
.
SortIe. Count.r
'Seat1n9
Part. counter
(Halntenance
Building)
'ftater Fountain
" .
Bmel'qency
Telepbone
.i
1)001"
. '
EXUTINO STAn
r:.
'. .
's
.....
N>~ 8 :r1Jlt>MD
t
"
.
MaID Senlc. Counter 111 too
h19h and doe. not provIde.
3'. X 3'- ar., acc4..1bl, to
whe.lch~1r..
DOlt and tabl.. throughout (4.32.3).
Kaln J\ooa. in Kaln Build1ng
do not have proper. knu
clearance.
Part. so~1ca Counter in
Maintenance Sul1dlnq doe.
not provide. 36- x 3&- area
aceo,,1bl. to wbeelchair..
~7ountaln 1n ~Aln
~Bul1dlng he. . epout too
h19h tr~ floor.
D. With table 1n pre.ent
location, clear . floor
.pace ID front of
fountalon 1. Dot
provided.
~'ount.1n baa water flow
\.:Itcwar4 rear.
A. .alQholt operable part 1.
65- CrOCI ground on
tmergency Phone .t
.Matnt.nlne. BuildIng.
-
~7.2) Cl).
.
t .
:(1.2)(1) .
A. (~.15.2).
i
B. (...1S.S)(1).
C. (4.15.3).
A. (4.2.'J.
I. Clear ground '~CI 1. B. (4.31.2). Allo (4.5).
not proy1ded b7
~rg.ncr Telephone at
Maintenance .8u{ldlD9.
due to the tact that
.urt4~ At phone I.
.vra.a.
A..- at.p exist. at A. H.13.8).
threlhold to Parl. JtOoca.
8. Doorw.~ at top of It,tr. 8. (4.13.51.
dOG' not proy!d. 32-
open1n9.
c. Doorway at ~e.t Room ha. C. c~.13.aJ.
an 8- and . 4- ltap at.
tbrelhold. .
..
':'..:"".",'.: '.:'.>::"'::':':"":,";'.""'.,'::/~..:'.:.'>"~l>:...'>:::.::..;,I,:..::.,:.:,.~:::....:::",,::::,:.., ,':>.,":..';'" :.,'...:...',..:....:':;.",.:.,':...,...,:,.,..;.,... ....c...:...".. ,1'.., .'. '.f.'..'...., ....". .,
:nJ' "...: · '. ';. ... .... ,e.; .... ,... ',' .:. ',;. )!y':>,i:.: ,,' :;'. :\,' ?ii :V::.","/;<~;..:;~::lr...::",;\;,~ ":::;';j::.:'::i:.~,;',~:j.::~;::;iF:\'(',';:", ;~./n:ij,.:
----------~--
, ~. ~ ---,
. ..' r~'''''-.'-.r_''',
I"g' .
o
PUILDINO NUMBERI )~10 . BUl~IHO LOCATIOK. ClttrWster A!(p.ar~ ~ol~x
~~OET PATII h 1994_ 'QQ9 R, 8ft(culp. AV8QY.
COMPLtnn n,..,.., POfP9!OQ ..
.;.. JJrDIVXDt1AL f"'r.MVRt. or 2'd tAclLJn lhSJCJJ ktJn 1\B JU:JtOVAnD ....
~
ILEHEtn
J:XISTJI'IO STAT!
~U""'ll"
.
,
N>A STIJn)AJU)
A. St:altl to l.coneS .floor ,.. (~.t.2'.
Loft h&ve open rller..
I. staiio. to .ocone! floor B. (f.f.""
Loft h~v. bandr.lla that
Lrl not a tontlnuoul 34-
to 38- aboVI eta1r
nOI!nge.
Tollet stall. Crab bar. do hot oxl.t.
(K..lbtonanoe
Bulle!!n;J
stair.
"
(4.17.6)_
. .
Water. clo.et. Toilet In Re8t RC>OaI 1. not .(4.i6.3).
(H a J. 1\ ten an c. the proper heIght. .
BuildingJ .
Co";
Lavatorle. and ~Hlrror over .ink 1n Reat
.H 1 r r 0 r D \::IRooa! II too ~19h frOG
( Hal n ten an c. floor.
BuUding)
~!xpo8od wat_r pipe.
~Gx1.t undernGlth link in
Re.t Jtoom.
0paper to\0r81 dbpenilel:' 10
~ Reat: :Room 1, too high
tree floor.
Shower Stall.
(Kaintenance'
Building)
A. ,- .tep exlllt. at door
t.o .hower atall cat
threshold) .
.
I. 2'. open1nv exlatl at
.hower ,tall door, thUG
not proy!dlng 32-
openlng. .-
...
C. Sbower stall 1. not tho
.prop.~ .1&0 Ilnd
urangement .,ltb teat
a.nd 9rAb bu,.
D. Pro~r ..h?wer apray unit
and proper control. do
no .JtIlt.
.
~)
A. (4.19.6).
...
B. (4.19.-1). Also (...2~.'J.
c. (4.23.'). Al.o (4.2.5),(4.2.6)
A. (~.21..,).
I. (4.13.5).
!
c. ( . . 2 1 . 2 J. A 1 . (
(~.21.3),(4.21.4).
~. t~.21). ~l.o C4.21.5).
". " . ~ J'~ t, ',~ '. , , ,
,', ". '.' r
" '., '~ ' , ~;',i~l .: .. I
"
"I,
" ,
,
. '
... .j
..
.' '. ~..
, ,
"
, .' {
. ~ : .. '..
, . '
c" ,
~ ", '.. ."
, .
, , .' . ,. .
.. .
,. \
;~ ~'.
.h '<u'
" '"....'lI.~, ,,'( '... , , ~ ' .,.
'I.foC.< ,,"-.,~".,.L.._ j~"':".....~.",i"'''':':;''~'''b''.~;.~
.dH..'................. ~'~~~;I.: ': .',410,......,. .~ ~....." .
",,'" ,
i'
I, .
Exhibit -e.
Page 1 0'3
MINIMUM PERIODIC MAINTENANCE STANDARDS
FLIGHT OPERATIONS BUILDING
;. .'
PAINT.
," ,
~:,...: ~ ' ,
. ':,'
Interior. repaint every five (5) years
Exterior - repaint every seven (7) years
I.,'
J <. .'
,
,',
;'~~' > .
CARPET/FLOOR CLEANING -
It','. '
Carpeting - professionally cleaned every six (6) months
Flooring - professionally power stripped and waxed every slx (6) months
.~,I T' I
>~ , .
,~~:,:'.. ,.
.~~ ~ j.
,,'
>~: ~c.: '
HEATING, VENTILATION AND AIR CONDITIONING..
Professionally Inspect, crean and service annually including coils and
condenser unit
/.
I
,'<l
.' .
.
Landscape shrubbery around Aight OperaUons building mllst be
trimmed.
I
1
I
.
,
,.
:'~ .
, :
,>:;ij
. .'
LANDSCAPING ..
Future landscape Jrrigatfon system must be maintained.
~
1
. {
1
\
I
;
j
I
.,:.l.
, ,>
,..
: \ .,~,C,
. . . ~
."
I~ '
"',c
'.'
:: ;"l.
,.1.' ,c
~>. ,
~ .J!
:, .r
.. 'r>
., '
}} l .
:! .
,<,' .'
I.v.c
). ,..
:.1.'/"
:,rl. :
I I ".
f:;,:.':.
<, '.;' :
,"
~~.: .'
;,
. ,
:.~ :
- ----~------,---------~_._------ - ---~-
,~ ",~~......~J 1'*,~_~
. ~ . _. ~ I' .1'. -
AIRPARK MOWING SPECIFICATIONS
EXUIBIT "E"
Page 2 of 3
I. INTRODUCTIONS
",
The Clearwater Executive Airpark is the local aerial point of entry for the
Clearwater community. As such, that facility must present a neat, business
park-like appearance which reflects the civic pride in and careful
stewardship of municipal assets demanded by clearwater's citizenry. Central
to that appearance is the maintenance of the large areas of grass (sod) on
the Airpark proper. Such close attention to the physical appearance of the
Airpark is also necessary to the safety of Airpark ground operations.
Unkempt, overgrown areas obscure potential hazards to pedestrians, motor
vehicles and aircraft under power. A reliable efficient grounds maintenance
and mowing operator is thus a key factor in the operations of Clearwater
Airpark.
. '
II. JOB REQUIREMENTS:
A. primary Scopa of the work. All sod areas on airport proper and the
adjoining right-of-way are to be mowed. . This includes the areas
between the main runway and the taxiway; areas in and around sod
parking areas for aircraft including areas under and around parked
aircraft; the area between the Airpark parking lot and the right-
of-way on Hercules; runway and taxiway shoulders; and the areas to
the west of the runway now in sod. Areas requiring equipment not
normally associated with "mowing" as a function such as that
required for brush, tree, or other heavy vegetation removal are not
a part of this specification.
Minimum Mowing Frequency. The Airpark is to receive a minimum of
34 mowings per year with the number of mowinqs per month as shown
below, subject to modification by the Engineering staff Liaison.
B.
Montb Number of Howinqs
January 2
February 2
March 3
April 3
May 3
June 4
July 4
,1.
" August 3
September 3
October 3
.. November 2
December 2
" TOTAL 34 mowings
II
. ~ ~ ~ r
,. 'T ~".
.....' ~+K~~,'~"H'" ,.'+
..., _J.'" ,....
.nXRPARX MOWING SPECIFICATIONS
EXHIBIT "E"
Page 3 of 3
3 .
.,
-I ~~. ~ 4
. , .
.,
"
,
I .. 5
.
"
:
'.' 6 .
c. Minimum Performance stan~ar~s.
1. All grass areas within the Airpark fence are to be mowed and
trimmed to present a clean, neat appearance free of litter,
grass clippings, and other debris.
2. Areas near buildings, fences, hangars, hardstands, and other
structures are to be edged or otherwise trimmed. Chemical
herbicides such as Roundup may be used to control the growth
ot vegetation in areas where edging or trimming is not
possible or is otherwise impractical and where the use of the
herbicide will not harm the composition, extent, or coverage
of the turf. In cases, where the City Engineering Department
Staff Liaison determines that damages to the turf is present
or likely, the F. B. o. will be asked to cease the use of
herbicides and resume trimming/edging using mechanical means.
~ll clippings, trash, or other debris generated by mowing
activities shall be removed by the F.B.O. at his expense.
All work shall be carried out under the responsibility of and
at the personal direction of the F.B.O.
The F.B.O. shall carry out the work with such care and in such
a way as to avoid damage to public and private property.
If the F.D.O. fails to satisfy any of the terms of this mowing
specification, the city may hire a mowing contractor to
complete the work and the F.B.O. will be billed for the work.
.,
.h.~..,!.",,: .'.r."~~'<';.~:\'rl ...1....,..i,..,..~.3r'r,.., .;~"tj..'. '. .
.i\lRPJ\R1t MOWING SPECIFICATIONS
EXHIBIT liE"
Page 3 of 3
,.
c. Minimum Performance standards.
1. All grass areas within the Airpark fence are to be mowed and
trimmed to present a clean, neat appearance free of litter,
grass clippings, and other debris.
2. Areas near buildings, fences, hangars, hardstands, and other
structures are to be edged or otherwise trimmed. Chemical
herbicides such as Roundup may be used to control the growth
of vegetation in areas where edginq or trimming is not
possible or is otherwise impractical and where the use of the
herbicide will not harm the composition, extent, or coverage
of the turf. In cases, where the city Engineering Department
Staff Liaison determines that damages to the turf is present
or likely, the F.B.O. will be asked to cease the use of
herbicides and resume trimrning/~dging using mechanical means.
3. ~ll clippings, trash, or other debris generated by mowing
activities shall be removed by the F.B.O. at ~is expense.
4. All work shall be carried out under the responsibility of and
at the personal direction of the F.B.O.
5. . The F.B.O. shall carry out the work with such care and in such
a way as to avoid damage to public and private property.
6. If the F.B.O. fails to satisfy any of the terms of this mowing
specification, the city may hire a mowing contractor to
complete the work and the F.B.O. will be billed for the work.
L.
...1:. .
, ~,
",'
"...
, ,I.
,
~ ~ :
. ,
,.
..'
,
'I
I' ..
I. ;
~ '.
"
I-
I::
I
. .
~ { .
>.~ : .
'f'"
i', i
+~ :.
. !
. :.1 ~ ~~:' :
. .... ' ~
,.,
'l'r'
..' l,' '\
:':.'"1'
(,
~ . ~
"
",:". -I",t. .... <
. . .:. ~.:' ~:..l~~:
; , "...<.;.~
. :: ~'~.?i:;\ .ij;:,~. ,. .'.
',.
. ; . :' ,," ,....' ~'~.
,
. <'
, ~.,-
.;:
\ ,
, ..
! '.
, ~ ; J . ~
r'
, .
. ~',: ; J' ,\ ~~;
'..
. .'
. :~,
. . '
.," ,~
,".
. ~.:..:' '.;' ..l
" ',I
.f ....
'.
", j'<
'i"
, . '
" .:c.....l "
,', '~
,.;'f.'.'" .
...: . I ;.>. \~":
,," '1/'"
. ~,', ~ i;"
.. ~ ~ ,
.'".'.\.'; ;:.,':. t,
, I.::
" ~ .~. . ' ~'
.t." .
... ~.'. :":'.;..J..:: ,'. ..
"lh~~""'V''''''''''~fT_..:..:....:..L:..:1. . 't,' ,
w~ _ ....~f,._~~!<1~:1\ .~~:,~..<y:~~'~~ J>l!
,'.
. ~r l
'r." ,'"
. '
!;,/; '. 'fie; ",;"."i:ii(;'?~,:"
..
" "
I:
I',.
.:'
.:
':r
I'.
I ~~>
Ir.1,
".
'.
....
:;;"..
."
<:
. '1-c
.. '
" ~', <
',:', l'
;.: '~.~I'
:/1;; ,:
)>{ '.
~....', '.,:
!:~:.:'; .
t)::'
:IF:.;,.,
v.'
I ~~~ I
,'~;;.
1...:1.;1'
";;'.,' ~ : ,c..
:f.::
~\:'
~~ '/.
, ':.
'. .1\
';' ~\!
:.i
.' '
:~ :J.... '
::r',. .
.C....':.
-;,' ..
f;::'
;(~;;;~: '::.
\\.,:' .
iAl).'/ "
r~iJ~.~"\'"
i~. ~. "
;:g,;:.',
.;~ i.
11',~. :
It('
ii;,.'
..t:', .
....)~ l ..
~~.;, ;.c .: "
. . ~ "
1.....1' \'.\
.:~; ,~
;~t:' ~.
.~:~.: ' .
,'. ~,
~ I '\
.,
.
'.
',I.
"
. ,"\
/Dlr
~q 7(~
lo~81
(J-o<6b1
L
"/'.; ,
\.
:.\
:'.
.." i; ",,~ ' ,.
,.c
qq ,1 /f).
I D/'(.r.
~9 ~
~
i
~
\
J
i
,.
~
i
j
J
J
r
q
(0
i'
I
,
I
I
i
.,
,
.f
.,
t
,;
.:
."
'4)
:~~.
fl,
~ < ,~,'.
I'
'.
,
I.
;.'
"
.. .' . .
,:r;:\;..;~.,:/ ~ t :;.~~~~,)::!N~\~~.r;;;;(~~j'r~~;1:~t~~i.~1H.::~~~ !.~~~~~[.. :(:;' :'J;'{,:,,':~r.~:Y:~ ~.,;:~;f:.:.: :,'; S,
Item #25
1361
..
t:.
; .
,.
I~, '
'. .
;_~.~": ~.';;,,":-~._n.io_If~""'~~1:lrW'''''''''~~-~~~.i.t~fr.-l~i~l,~''.,;: ;";~'I,~i~~"f.~,,;..~:Lt.l;.._.-l~.~.H><~.~'a~~~"'''''''VI.~i :'~:;~':.'60'" ,'\ . [..' t.' ..~' :Ji:':'..II.~~:~ 1..-1.j:...~';~::tr>.~
I T.~--"c.- ,~
~
.
sw ~
Clearwater City Commission
Agenda Cover Memorandum
~5
Item #: '
McctingOate: j~~1
SUBJECT: SOUD WASTE RATE INCREASE
RECOMMENDA liON/MOTION:
Pass Ordinance No. 6215-97 on first reading increasing Solid Waste rates and establishing a series of
four 6.1 per cent increases to the residential and commercial collection rates,
I!I and that the appropriate officials be authorized to execute same.
BACKGROUND:
· Solid Waste rates have not been increased since 9/01/92.
. 7/01194 - Solid Waste rates were reduced 754 per month as citywide recycling was implemented.
. Burton and Associates has completed a Solid Waste rate study to cover five years of operation.
.. The Burton Rate Study recommends increases as follows:
Monthly Rates. effective
Customer Type Since 7/1/94 1/1/98 1/1/99 1/1/2000
1/112001
.
Single family residence
$16.30 $17.29 $18.34
\.994/ \ 1.05/
$19.46
\1.12/
$20.65
\ 1 . 1 9/
.
Commercial business or
Multi-family complexes
(2 c.y.ltwice a week)
$138.66 $147.12 $156.09 $165.61
\8.46/ \8.97/ \9.52/
$175.71
\10.10/
.
Large commercial business
Or multi-family complex
(8 c. y ./twice a week)
$374.91 $397.78 $422.04 $447.78
\22.87/ \24.26/ \25.74/
$475.09
\27.31/
. These increases are necessitated by the need for a new computer system for Utility Customer Service billing,
the dumpster screening program and anticipated consumer price index increases over the next five years.
" Recommend that the Clearwater City Commission approve the rate schedule for the Solid Waste Utility as
suggested by the consultant.
Reviewed by: Originating Department:
legal L"'~':.' "':'.~' .'.': ~,.,':",_ SolidWaste..'.:.~;....:
Budget :.i,,':,'; '~...'i:.,: ...A'fi"~
PurchasIng : ",'. I . ~'''.'f~;,',..., Use~ ~~~~lT!ent: '1'.'. .
Risk Mgmt. ;:".;": . . N/A,';"l:,:!::.. ;';::.. v,,<:;:::.;.:..;:. ,.,::, I. i:..:.J..:
IS b.L');.. 'N/. .':.':~:!".~.
ACM ~<,y ...
Other "'.1.. '.''- :'J';:. ".':.:'...
To/al
Commission Action:
o Approved
o Approved wilh Condilions
o Denied
o Continued to:
Costs:
.' '.:.
Current Fiscal Year
Submitted by: \ /A./
;-CitV Manager r
Advertised:
';t~~;]:';':E... ;'::;::,:;: i:",',
D Not Required
Affected Parties
1KI N ollfied
o Not Required
Funding Snurce:
o CajJlJaJ Improvement;
o Operating:
o 01her:
..,
Attachments:
Ordinance No. 6215-97
Bid Summary
, .' ,,:) .;:.' I' I... :. ~. . . J ~ <
. ',": c ,e'
" '..', ,
Appropriation Code
l''',~, . '.':. ~.~,', .':.' :',::.':.:.
.,
".' . . l " '.. ~ ~ ., 0-
D None
Prinlcd on recycled paper
'.
I'
~. '.... .' '. . " .
ORDINANCE NO. 6215-97
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, RELATING TO THE SCHEDULE FOR SOLID
WASTE COLLECTION RATES; AMENDING APPENDIX A.
ARTICLE XXV PUBLIC WORKS-FEES, RATES AND
CHARGES; SECTION (3)(c) SOLID WASTE COLLECTION
RATES. CLEARWATER CODE OF ORDINANCES.
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE
CllY OF CLEARWATER, FLORIDA:
Section 1. Appendix A. Article XXV. PUBLIC WORKS-FEES, RATES AND
CHARGES, Section (3)(c) Solid Waste Collection Rates, Clearwater Code of Ordinances. is
amended as foliows:
(3) Rates:
(c) Solid waste collection rates.
1. Monthly charges far twice weekly collection of solid waste in prescribed containers.
a. Single-family and multiple-family dwellings
(i) Curbside pickup $16.aQ miRifflblffi for e~ch living unit with no limit on the
number of containor& par unit en manual pickups. One 90-gallon
container will be provided for automated service for each IivinQ unit.
Additional 90-gallon containers will be provided at the discretion of the
director of solid waste public 'Norks at the rate ~6.30 per contaiReF
specified below. Where routes are automated. automated service shall
be the only option.
Effective
1/1/98 1/1/99 1/1/2000 1/1/2001
Each Iiv!no unit. minimum $17.29 $18.34 $19.46 $20.65
$16.-30
Each additional container $17.29 $18.34 $19.46 $20.65
$16.30
(ii ) Side or rear building collection: $~ minimum fOF oach living unit..
ManjJal plckup has a limit of two containers per living unit. each having a
capacity no larger than 32 gallons per unit. ^ faa of $11 j7 each ~vfll be
charged. For each additional 32-gallon or smaller container for rear yard
pickup, the fee specified below of $32.60 will be charged for side or rear
building collection.
Each Iivino unit. minimum
Effective
1/1/98 1/1/99
$34.58 $36.69
$32.60
$12.06 $12.80
$11.31
1/1/2000
$38.93
$13.58
1/1/2001
$41.30
$14.41
Each additional container
I.
I
I
1
Ordinance 6215-97
_.:___..',-:,~~j.':". !..-:;:4.1.~!'o.~.iA" . .,\).J,.l.o(i'~-'--"
-~~
~
~ ..'... ~
" .' , " ' " ~.
,'" ,'.
'" .,. 1 I ' I', .~I.
. .', .. l '., ............. ,,~ ."'-
(Iii) Base charge: ~ far eaGR-account. The base charge will be Included
In the monthly charge for active accounts as soeclfied below. Dormant
accounts will be assessed the base charge for each account.
Effective
1/1/98 1/1/99 1/1/2000 1/1/2001
Each account. minimum $5.75 $6.10 $6.47 $6.86
$fiA2.
b. Motels, apartment motels, or apartments renting by day or week; all containers serving
the premises shall be centrally located at one collection point.
(i) Curbside pickup:
First living unit. minimum $16.30
Effective
1/1/98 1/1/99 1/1/2000 1/1/2001
$17.29 $18.34 $19.46 $20.65
All additional living units, per unit $-&e3
Effective
1/1198 1/1/9B . 1/1/2000 1/1/2001
$9.05 $9.60 $10.19 $10.81
(Ii) Side or rear building collection:
First living unit, minimum $32.60
Effective
111/98 1 f1/99 1/1/2000 111/2001
$34.58 $36.69 $38.93 $41.30
All additionalllvlng units, per unit $16.30
Effective
1/1/98 1/1/99 1/1/2000 1/1/2001
$17.29 $18.34 $19.46 $20.65
c. . Motels, apartment motels, apartments renting by day or week with commercial
containers. In accordance with the schedule in subsection(3)(c)(51(d)2.a. of this section.
d. Commercial buildings of all types such as stores, hotels, factories, filling stations, service
establishments and the like with scparate water mctering for twice weekly coUection.
'(ij Curbside pickup, minimum S 16.30
Effective
111/98 1/1/99 1/1/2000 1/1/2001
$17.29 $18.34 $19.46 $20.65
(ii) Side or rear building collection:
Two containers, minimum
$32,00
2
Ordinance 6215-97
..
d.. I ' ~ < ",' , 'i r' ' .
, .
c. ~ . '.' ..........~...~Il. '" '.~"~'~.). T~T..."~ ,.0..<
, . .... '",f .":f '.:. ,. \. ,.h'., _ ~> .'
Effective
1/1/98 1/1/99 1/1/2000 1/112001
$34.58 $36.69 $38.93 $41.30
Each additional container $11.31'
Effective
1/1/9B 1/1/99 1/1/2000 1/112001
$12.06 $12.80 l13.58 $14.41
(iii) Commercial containers: In accordance with the' schedule in subparagraph
(3)(c)(tij{d) 2.c of this section.
e. Each building containing four or more separate business or professional offices
and one common water meter.
(i) Curbside Pickup:
First eight containers $68.2Q
Effective
1/1/98 1/1/99 1/1/2000 1/1/2001
$72.36 $76.77 $81.45 $86.42
Each container in excess of eight $10.00
Effective
1/1198 1/1199 1/112000 1/1/2001
$10.61 $11.26 $11.95 $12.68
(it) Side or rear building collections:
First eight containers &H~
Effective
1/1/98 111/99 1/1/2000 1/1/2001
$144.72 $153.55 $162.92 $172.86
Each container in excess of eight $-20.00
Effective
1/1/98 1/1199 1/112000 111/2001
$21.22 $22.51 $23.88 $2,5.34
(ill)
Commercial containers: In accordance with the schedule in subparagraph
(3){c){~ 2.c of this section.
2. Monthly charges for daily commercial (except SaturdaYt Sunday and holidays)
'collection for solid waste in prescribed containers.
3
Ordinance 6215-97
'-..
r, ':; ':.
'I
.'
;........,.. -.1 >l..;..r:"!....:t.~:."'i,:. ::..-';~.:;~; '~'t.~.,.<,II"~h"ltl....,.. i "",:t. :~~.{{l.~\h...t, .'P ,:".~" v-.j.....~~... :1 ....1 /.~. l.~"":' I"f., ~ '!<....... h h"l-~" ..~ ...~...,...~
~. . '" -.', ;T ;
a. Curbside pickup:
(QOne container, minimum S12.62
Effective
1/1/98 1/1/99 1/1/2000 1/1/2001
~45.22 $47.98 lli:2.! 121m
. (it) Each additional container $12.62
, Effective
1/1/9B 1/1/99 1/1/2000 1/1/2001
545.22 $47.98 $50.91 $54.02
b. Side or rear building collection:
(i) One container, minhnum S85.25
E({ective
1/1/98 1/1/99 1/1/2000 1/1/2001
590.45 $95.97 $101.82 $108.03
(i1) Each additional container $85.25
,. Effective
, . 1/1/98 1/1/99 1/1/2000 1/1/2001
$90.45 $95.97 $101.82 $108.03
., .
. 'Il
.'.
., .
\
. .
4
Ordinance 6215-97
I..
..._~.I~~""'I""""',",.I",:~""!<.'_!_H~""""'~"".-"'~"'~" '_~_"'''''''''''''';'''''''_'''_'.'_'''''''''''.H''' ." -.......-..._..._.o_........._.~.~_ .....
--Ll
I'
,
.. . ~ ~ ; .'1;..' r : . .... .'>'
c. Commercial containers as prescribed below:
(i) Uncompacted commercial:
Size Times per Week PickuD
(cubic yard) 1 2 3 4 5 6 7
1 $H.82 $ 7S.8S Sl08.86 $150.37 198.78 $288.64-
2 ~ 138.6(, 201.~ 1 277.33 3b9.18 S13.06
3 9&-W 179.10 260.60 358.85 177.71 702.72
4 117.91 217.60 317.26 437.83 583.70 859 .8~
5 118.12 236.23 351.35 197.21 670.13 997.10
6 159.S0 296.W 132.61 597.87 797.76 1.176.17
8 201.38 371.91 518. ~ 1 758.38 1.012.37 1.217.64
Effective 1/1/98
.
Size Times per Week Pickup
(cubic vard) 1 2 3 4 5 6 7
$44.37 $80.48 $115.50 $159.54 $210.91 $306.25 $350.61
1
80.53 147.12 213.70 294.25 391.70 576.19 656.74
2
104.18 190.34 276.50 380.74 506.85 745.59 849.77
3
125.13 230.87 336.61 464.54 619.31 912.30 1.037.45
4
125.33 250.61 375.97 527.57 711.01 1.058.24 1.183.57
5
169.23 314.13 459 .03 634.34 846.42 1,247.92 1,417.16
6
213.66 397.78 581.89 804.64 1.074.12 1.291.92 1.505.57
8
5
Ordinance 6215-97
~
..
., ,
" ~""" ..
Effective 1/1/99
Size Times per Week Pickup
(cubic yard) t 2 3 4 5 6 7
1 $47.08 $85.39 ~122.55 $169.27 S2i3.78 ~324.90 ~372.00
2 85.44 156.09 226.74 312.20 415.59 611.34 696.80
3 110.53 201.95 293.37 403.97 537.77 791.07 901.61
4 132.76 244.95 357.14 492.88 657.09 967.95 1.100.73
5 132.98 265.93 398.90 559.75 754.38 1.122.79 1.255.77
6 179.55 333.29 487.03 673.03 898.05 1.324.04 1.503.61
8 226.69 422.04 617.39 853.72 1.139.64 1.370.73 1597.41
Effective 1/1/2000
Size Times per Week Pickup
(cubic yard) 1 2 3 4 5 6 7
1 ~49.95 . $90.60 $130.03 $179.60 $237.43 $344.72 S394.69
2 90.65 165.61 240.57 331.24 440.94 648.63 739.30
3 117.27 214.27 311.27 428.61 570.57 839.33 956.61
4 140.86 259.89 378.93 522.95 697.17 1.026.99 1.167.87
5 141.09 282.15 423.23 593.89 800.40 1.191.28 1 332.37
6 190.50 353.62 516.74 714.08 952.83 1.404.81 1 595.33
8 240.52 447.78 655.05 905.80 1.209.16 1-454.34 1.694.85
6
Ordinance 6215-97
'(.m~~,i').'1.".!k'':Hl:h.. .1.1',:-;.'....... ~"'~iI.....--'_n.L
,.
....-
~
,
I " c' '. .
Effective 1/11200t
Size Times oer Week Pickup
(cubic yard) 1 2 3 4 5 6 7
1 $53.00 $96.13 ~137.96 U90.56 S25L91 $365.75 $418.77
2 96.18 175.71 255.24 351.45 . 467.84 688.20 784.40
3 124.42 227.34 330.26 454.76 605.37 890.53 1.014.96
4 149.45 275.74 402.04 554.85 739.70 1.089.64 I 239.11
,
5 149.70 299.36 449.05 630.12 849.22 1.263.95 1.413.64
6 202.12 375.19 548.26 757.64 1.010.95 1.490.50 1.692.65
8 255.19 475.09 695.01 961.05 1 282.92 1.543.05 1 789.24
No new one-yard commercial containers shall be provided after January 3, 199L
(ill compacted commercial:
Size Times per Week PickuD
(cubic yard) 1 2 3 4 5 6 7
S 88.82 $177 .eos $266.17 $373.94 $503.95 $750.06
1
-451.U. 3Q3.71 155.57 639.29 861.56 1.282.32
2
211.89 U9.78 M1.66 901.61 1.219.1; 1.811.58
3
277.97 555.91 833.91 1.170.21 1.577.07 2.317.28
4
310.95 .-681.90 1.022.85 1,435.31 1,931.39 2.879.09
5
i03.9S .807 .96 .1,211.95 1.700.69 2,291.99 3,H1.35
6
530.04 1,060.09 l,S90.H 2,231.40 3,007.21 3.616.95
8
7
Ordinance 6215-97
~'~)~I:':'~L"':'ij~'''''~-.U'' L
"
"-~~
.'
I' .' > . . . ~ "'.'_ . \ . ~. . . . . .
.,.........
~ffective 1/1/98
Size Times per Week Pickup
(cubic yard) 1 2 3 4 5 6 7
1 594.24 S188.49 S282.72 396.75 $534.69 $795.81 $944.56
2 161.12 322.24 483.36 678.29 914.12 1.360.54 1.614.47
3 228.00 456.00 683.98 959.82 1 293.54 1 925.27 2.284.39
.. 294.93 589.50 884.78 1 241.59 1.673.27 2 490.46 2 955.32
5 361.75 723.50 1085.24 1 522.90 2.052.39 3.054.71 . 3.624.87
.
6 428.62 857.25 1 285.88 1.804.43 2.431.80 3.619.44 4.295.02
8 562.37 1.124.76 1.687.13 2367.52 3 190.65 3,837.58 5.122.72
Effective 1/1/99
Size Times per Week Pickup
(cubic yard) 1 2 3 4 5 6 7
1 $ 99.99 $199.99 $299.97 $420.95 $567.31 $844.35 $1002.18
2 170.95 341.90 512.84 719.67 969.88 1.443.53 1.712.95
3 241.91 483.82 725.70 1018.37 1.372.45 2.042.71 2423.74
4 312.92 625.83 938.75 1.317.33 1.775.34 2.642.38 3 135.59
5 383.82 767.63 1 151.44 1.615.80 2.177.59 ;3.241.05 3 845.99
6 454.77 909.54 1.364.32 1.914.50 2.580.14 3.840.23 4 557.02
8 596.67 1 193.37 1.790.04 2.511.94 3 385.28 4 071.67 5435.21
8
Ordinance 6215-97
~~~;O:::'~~41.~"~-""".'~' ."
. ~ ............. ., .', u....... . c
I'
. ..;' d,....) "",":. r. ,:.. .> ~. ....,.. . \ '. .. .. . .... , ,.(.-+ \.. . .<. . d
Effective 1/1/2000
Size Times per Week Pickup
(cubic yard) 1 2 3 4 5 6 7
1 $106.09 $212.19 $318.27 $446.63 $601.92 $895.86 $1.663.31
2 181.38 362.76 544.12 763.57 1.029.04 1.531.59 1.817.44
3 256.67 513.33 769.97 l080.49 1 456.)7 2.167.32 2.571.59
4 332.01 664.01 996.01 1.397.69 1.883.64 2.803.57 3 326.86
5 407.23 814.46 1.221.68 1.714.36 2310.42 3 438.75 4 080.60
6 482.51 965.02 1.447.54 2031.28 2737.53 4074.48 4 835.00
8 633.07 1.266.17 1 899.23 2665.17 3 591.78 4 320.04 5766.76
Effective 1/1/2001
Size Times per Week Piclmp
(cubic yard) 1 2 3 4 5 6 7
1 S112.56 $225.13 $337.68 $473.87 $638.64 $950.51 $01 764.77
2 192.44 384.89 577.31 810.15 1 091.81 1 625.02 1 928.30
3 272.33 544.64 816.94 1 146.40 1 545.00 2.299.53 2.728.46
4 352.26 704.51 1.056.77 1 482.95 1.998.54 2974.59 3 529.80
5 432.07 864.14 1.296.20 1 818.94 2.451.36 3 648.51 4.329.52
6 511.94 1023.89 1 535.84 2 155.19 2 904.52 4.323.02 5.129 94
8 671.69 1 343.41 2.015.08 2 827.75 3 810.88 4 583.56 6.118.53
9
Ordinance 6215~97
~~,:L,,,,,-:'''r+.'''''..I,".--"''-''' d.
r. jl . . c
"
. .:" . ~
, ~,'v... . ..... ..~...~ ......,.....~'...H,..
. ,".' r'L"~ ..", l I .... ,~. .
i c
I
3.
The charge for the collection of loose trash or garbage shall be as specified below: $119.50 pel'
hour 6r 52.19 per mtftute rer time Oft site with a minimum ehM'~ of $25.00.
For time on the site. minimum 15 minutes
plus cost of disposal (dump fees)
Each additional minute .
Effective
1/1/98 1/1/99
$39.65 $42.07
1/1/2000 1/1/2001
$44.64 $47.36
$2.64 $2.80
$2.97 $3.15
4. The charges set forth above shall be subject to adjustment for increases or decreases in
the dump fee. Uniform increases or decreases shall be recommended by the director of
solid waste public ~Nork& diroctor and approved by the city manager. and a copy of the
adjusted charges shall be filed with the city clerk. Other increases or decreases shall be
subject to approval by the adoption of an ordinance by the city commission. upon the
recommendation of the city manager.
Section 2. This ordinance shalf 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:
Attest:
~.-/-
Jo n Carassas, Assistant City Attorney
Cynthia E. Goudeau. City Clerk
.. .. . . ~...'
10
Ordinance 6215~97
~1IiQ~ifM,.~~''''''''U~'_.~ :'.
...M1II
.-
I'
. ,
,.
, "
,; ,~:.':;':?~i,~'!,~'...~::~~:,~.'.:f;l?:+~:~f~~~~.\':~';,l~F;\y<.;..> ",:/,,: ::;'.,:\ :::", ' ,
,,'
25
Re_.' sw :L
Fiscal Review Committee Meeting
N ovem bel' t 3, t 997
I
, .
Members Present: Daniel Fleck
Richard Lynch
Janet MacNutt
Daniel Moran
Others Present: Robert Lockridge, Burton & Associa'tes
Robert Brumback, Director of Solid Wnste
Paul Nystrom, Solid Waste Controller
Jim Maglio, Solid Waste Superintendent
Margie Simmons, Finance Director
John Scott, Utility Customer Service.
Tina Wilson, Budget Director
At the meeting of the Fiscal Review Committee of November 13, 1997, the Fiscal Review Committee
observed a presentation regarding the proposed Solid Wnste rate study and proposed rate increase. After n
period of discussion, the following recommendation was approved by all Committee members present:
RECOMMENDATION
Tile Fiscal Review Committee recommends tllat tlte City Commission adopt tlte level
6.1% annual increase ill Solid Waste Rates over tlte "extfour years as proposed by
staff.
--.
r,-
p
:i.
',' "''',:,.:. ...... . I
'.; "
b ' V\'
.~5
Rate Study Background
. Rate study began over a year ago
· Change in mnnagcment and questions about fulure projects/costs caused the study to be put on hold
. Solid Waste is in need of a rate increase now
. Other utilities sections of study (and rate changes) will be brought forward at a later time, once
projects/costs finalized
· Agenda item is being brought fonvard to increase cost of study from $97,526 to $119,700, increased
costs to be allocated to involved utilities. This was caused by delay and update to morc accurate
numbers, separate solid waste section.
SoUd Waste Rates
. Solid Waste rates last increased 9/1192 - 5+ years ago
. 7/1194 - single residence rates decreased $.75/month (recycling implementation)
. Rate study looks at current year plus 3 years out
. Expenses include;
. Solid Waste share of new utility billing system
. Dumpster screening program
. Consumer price index increases as follows:
. 3% increase in all costs (except personnel)
· 4% salary and benefits increase (except health insurance)
. 8% health insurance increase
· Interest earnings at 5.5% in 98, 4.5% in 99 and 00,3.5% in 01
. Debt Financing at 6%
. Other policies remain as is (i.e. 4.5% of operating revenues paid to General Fund)
. Working capital reserve target or3 months' operations and maintenance expense (occasionally falling
dOM! to 2 montllS)
. LeVel rate increases scheduled for January 1 of each year.
. When rate study brought fonvard in February of 97 - 4.2% increases each 10/1
. Since then, added costs for new utility billing system and delayed increases until 1/1
., 6.1% increase needed each year (111/98 to 1/1/01) to properly fund exisling levels orservice
Purchases for Resale
. Ordinance exempts from bidding and commission approval items for resale
. Charter has not exemption
. All resale items (over $25,000) will be brought fonvard for commission approval until changes arc
made
New Pension Manger
. Reviewed 6 finns presented to us by Callen
. Ranked finns and received presentations by top 3 finns
. ARM was top ranked finn
. 2 members of committee visited ARM in New York
. . ARM moked in top 10 percentile of all fixed income finns for the last 7 yc.1rs
. . Fees are acceptable
. Recommend hiring ARM as an additional fixed income manager with initial portfolio of$35 million
($15 from Eickhoff, $20 from Shields)
Recommend Ordinance Change in allowed Pension InvesCmcnts (Referendum required)
. Lower invesunent rating from AA to investment grade (A)
. 10% of funds in foreign (not now but later)
. 65% of assets in stocks (currently 50%)
~~"".&.li'h"l~+"r' ._.......~- ..
;i,.
. ~."'..~'...~.....". ..h..t~t~~~..h,""_."";"',, ~....~.~.....~.............._~................,.._~ ".'"" ,_.
.. aN _ ... ~. ...~.......~ ~ ...... ..~. "..~~n.. .., ...... ..~. ........ .. -'~'~~~''''''''''''''_'n~.I._ ..> ~
~~.
I' .
~,.,~ .. <~ ,': . .
c . ..," ,r, "~'~'.t,H~~I:";>"~';~l;:"':':"'r':....~,.c. J'~>'" .
Solid Waste
Rate Increase
Background
1 :.'
.,i.
.' .
. ,
~.. . .
.,
. ~Ukrt\w...f.ll..tiolt#t,"~~" r ..;~.\u.....~~,...,..-..'-'c '" . . p.q .........w.....___... .~ '0-
..,...==.:....-...... .
-
"
I'
.
",\.' ;
. :~.; . .~:): ~ ,,~ .:C~:-..: .... .; ~ '/; ~ 'I",~l'/ ;,/!!~~::,"\".~;.r? -.J. I ..-:~:.~ .~ c't~ .....~ .~I.... >~,. . ~ . bT. to ,'. ~
Managerial Economies
Implemented To Keep Costs Down
Since Last Rate Increase
· Increased residential automatic sideloader productivity from 950 to 1,150
, homes per route (day).
,G Eliminated two manual garbage routes and converted them to automation.
.,
· Eliminated two commercial collection routes while expanding collection
service to seven days per week.
· Reduced fleet by five automatic sideloaders ($435,000).
, .
· Eliminated one container maintenance worker and one container
I
maintenance vehicle.
'c'l.
~;;;'i"..~W!ll~~i:'('~-"~ '," ....~~----".~."'::.- '
. ,....~'+__.._......~~l....,.,....-l_..~~...~'..H ,
I
. --....H~.i..t..,Jto...~"-.... <'I....;.o.;...NrI.'"....oJo....~t.:,..... .,;-~......"'.
-
--.- .~...u.:.. _'~ .t.
.
r-
~
" ,
" '
. ,
. '
,.,. >,
,:,,'01 t:l't ':,:~~I.';:'~"""'".':"''' ~:'~(~~i?:)'J"'~.~.':'.'~.~~ \""p" '..
. ' '
, ,. ~ ~ ~ '.. . . ,. .... . '.
.. .
" ,
Managerial Economies
Implemented To Keep Costs Down
Since Last Rate Increase
( continued)
':.';',' .
. Reduced administrative staff by one Assistant Superintendent.
. Secured Tire Grant from the state to offset one tenth of a man-year as well
as co.~e~on, processing and disposal costs for tires.
. Absorbed 10%, growth in fesidential customers over five years.
. Negotiated reduced disposal rates fOf large yard waste items ~ogs, etc.) ~d ,
construction material.
"'.
:\:..... .
,'. . ..'
::- :. .
( :' ... .
~;' . ',' l .
, ~'. '. >.
.' ,
~ .' .
.... . .
.,'. . ,"
!. ..
;: '.
',: .l
< '
n' . .
,
f ~.dfEt~W",,'i;;J.~f""~"""" l' ...._...._,.._.-".................~.
.. ..._"--..,...............~t_.......~_.~....-
...--............at}t.~ ;. '..~.., ,
'.,M~J.::n-:-.... ~
-
I'
.
, , ,
.. ." ~'.c::':>~":~'.~;:'.'~-::.:"?~~~:;:.~,~~~~;::~~..'t~~";'t~f~:lrJ-.~"~~~';~'1"1'....~;h."''..'" .,.1'.'''' ~ "~"..'.-,F.,:. >> ..~.. :.~
... . .
Special Services Provided
. Cleanups
, (2) Major tropical storms - Josephine and No name
(4) Beach ,
(8) North Greenwood
(3) South Greenwood
(6) Coastal '
(1) Downtown
(5) Vagrant campsites
(1) Wood Valley Community
. In-Kind Services
(5) Jazz HolicIay ,
, (i) Milit~ Appreciation Day
(5) July 4 Celebration
(5) Fun-N-Sun
(5) Turkey Trot
(5) Memorial Day Celebration
(2) Saturdays in the City
VisionNalues Support Being Rendered
, '
"
, '
, Clearwater Beach Project ,
(30) Mandalay/Gulf Blvd Cans (daily)
" .
:..,
", 'c, '
I" . .
I' "
I'
, ,
,
, : Downtown Project
(10) North Greenwood cans (twice weekly)
Gulf..to-Bay Project
(currently being developed)
'Dumpster Screening Program
, ,
,. . .
",
,
"
j'
.;
~ t '.' ~ ~....> "" ~
. ! ~"'" .... ~ c
Burton &
Associates
PNMir RuoNrm EIOrtomin ConJMlIin:
7:!.1 Glen E:lgle Drive:
Wimer Springs. Aorid.132708
(-H.l7'977.8881 FAX 977-6455
...~
"
~f~
jll'~
-;....-
ot___ ~~
November 10, 1997
Ms. Margaret L. Simmons., C.P.A.
Finance Director
City of Clearwater
100 S. Myrtle Ave.
Clearwater, Florida 34616w5520
Re: Utilities Rate Study Interim Report - Solid Waste Utility
Dear Ms. Simmons:
We are pleased to present the results of OUT rate study of the City of Clearwater's Solid Waste
Utility. This interim report is part ofn comprehensive rate study that also includes the City's
Recycling Utility, Stonnwater Utility and Water and Sewer System. and is issued at this time in
order to allow the City Council to consider for adoption increases in collection rates necessary to
provide sufficient revenue to fund the costs of the Solid Waste Utility. We expect to issue our full
report on all these utilities later in the current fiscal year, and the information provided herein will
be included in that more comprehensive document.
Summary of Analvs;s
The purpose of our study was to review the sufficiency of the City's solid waste collection rates
and other revenues to provide funding for the Solid Waste Utility's operations and maintenance
expenses, capital expenditures, transfers, and reserve requirements over the forecast period Fiscal
. Year 1998 through Fiscal Year 2001. We based our analysis on the actual results for Fiscal Year
1996, estimated results (based on third quarter projections) for Fiscal Year 1997, and the budget
for Fiscal Year 1998. Subsequent year revenues and expenditures were projected based on
assumptions detennined in consuhation with management.
~~~llt~..~:;;l~,:W,~:'...,p.o:'''''--'.
. . .... .. ,............. ,~.. ~"'~.... ,. . .....,
L" ~ -~....."",.....-..........~ ,..,........ ,'.", ... ...,......~j~..y..............I...J,I,JIIGi,{II:,"~I~, '/". J..., :. ,.~... ..... ."....4...1...__~.. ,~...
-- ....-
,"
.' I '~. , .~.-
~ .... ~ .
Ms. Margaret L. Simmons.. C.P.A.
Finance Director
C;ty C?f Clearwater
November /0, /997
Based on our analysis. we estimate that funding the Solid Waste Utility under these assumptions
will require the following increases in collection charges for all classes of customers:
· January 1,1998 (Fiscal Year 1998) - 6.10/0
· January 1, 1999 (Fiscal Year 1999) - 6.10/0
· .January 1,2000 (Fiscal Year 2000) - 6.1%)
· January 1,2001 (Fiscal Year 2001) - 6.10t'o
Since any forecast must be based on estimates
about future conditions that are inherently
uncertain. changing circumstances may
require higher or lowcr ratc increases in the
future. Because this uncertainty increases
with the length of the forecast period, the
near-tenn estimates are more reliable. For
this reason, we recommend annual reviews by
management to detennine the viability of the
onginaJ asswnptions and to adjust the
projected rate increases to account for any
'variance between' assumed and actual
conditions.
Sigllificant Forecast AssIIIIIDtions
Annual Rate Increase
8.00%
6.00%
0.00%
". .
~h'{:
===~ ~$
....'
'-; ~:."::'-
4.00%
2.00%
1996 1997 1998 1999 2000 2001
Fiscal Year
EXHIBIT A shows the significant forecast assumptions underlying our analysis. These may be
summarized as follows:
· There will be no growth in number or change in composition of customers.
· In general, costs will increase 3% annually.
· Personnel costs will increase at an additional 1% annuaHy (4% total) because of the
merit pay system.
· Health insurance costs will increase at 8% annually.
· Interest earnings in FY 1998 will remain stable at 5.5%; since interest rates are
difficult to predict over a period longer than one or two years, in order to be
conservative we have downgraded this
assumption to 4.5% in FY 1999 and FY
2000. and to 3.5% in FY 2001.
· Jfany capital projects are dcbt~tinanced, we
assume bank financing over five years at a
6% eflective rate, including issuance costs.
I
I
i' Page 2
r.
"
Ms. Margaret L. Simmons.. C.P.A.
Finmfce Director
Cit)' ole/eorworer
November JO. JV97
In addition. we applied the following financial planning policies, which were detennined through
discussion with management:
· Except for items specifically earmarked for lease/purchase in the budget. all capital
expenditures will be funded with cash generated from operations.
· Rate increases will be structured to provided for an approximately level percentage
increase on January 1 of each year, avoiding "rate spikes" wherever possible.
· The City will continue to compete with private haulers for the collection of roll-off
compactors. This will result in a relatively stable stream of revenue from this source.
· An annual transfer to the General Fund of 4.5% of operating revenue will continue
throughout the forecast period.
· A working capital reserve target of three months' operations and maintenance expense
has been established. That amount may be temporarily reduced to as low as 2 months'
operations and maintenance expense in order to meet other goals, but should be built
up to the 3-month level by the end of the forecast period.
Sources and Uses of Funds
$400
CD $200
"IS
C $0
ca
en ($200)
:I
j ($400)
I- ($600)
($800)
EXHIBIT B provides a forecast of the sources and uses offunds for the operations of the Solid
Waste Utility for the period Fiscal
et Flow of Fund Year 1996 through Fiscal Year 2001.
The infonnation for Fiscal Year 1996
consists of actual, audited fmancial
data. Fiscal Year 1997 results were
estimated by management based on
infonnation for the first three quarters
of the year, and Fiscal Year 1998 is
calibrated to the approved budget for
that year. In addition, certain costs
have been added to Fiscal Year 1998
related to the implementation of a new
utility billing system. Fiscal Years 1999-2001 are projected based on Fiscal Year 1998, using the
forecast assumptions discussed above and shown in EXHIBIT A.
19961997 1998199920002001
Fiscal Year
The utility generates revenue by providing services to its customers and to other City
departments, and from the investment of its working
capital balances. These revenues, amounting to
approximately $12 million at the beginning of the
forecast period, arc used to pay operating expenses
(costs directly related to the provision of current
services), leaving just over $1 million to meet capital
Page 3
~lt\~:;:'i"(..I.-t..4~';;~",,> ...101" .. ... ,,,i ,.............~~ c"
... "~U"'.....'L.U...
~
-~
r
Ms, Margaret L Simmons., C.P.A.
Finance Director
City of Clearwater
Nowmber 10, 1997
lunes show2 and 3 months' O&M expense.,
funding requirements and make the transfcr to
the general fund. After these lattcr needs arc
met, about $100,000 in nct cash flow was
realized in Fiscal Year 1996.
Working Capital
i '
Incrcases in capital expenditures during Fiscal
Years 1997 and 1998 result in a cumulative
negative cash flow for those years of
approximately $1 milJion, which is funded
from existing reserves in excess orthe
working capital requirement. This capital
demand continues for the remainder of the
forecast period; without rate increases,
revenues would be insufficient to meet these
requirements and the nonnal increase in operating expenses caused by inflation and by improved
service levels (specifically, the acquisition of a new utility billing system. for which Solid Waste
must pay a share).
$4-
II)
C
o
-
:: $2
:E
$0
1996 1997 1996 1999 2000 2001
End of Fiscal Year
The funding strategy used to meet these needs relies on a use of working capital reserves very
slightly below the 3-month target (by about $180,000 in FY 2000) in order to level required rate
increases. However, the working capital reserve is built back to essentially the target level by the
end ofthe period. This is accomplished through across-the-board rate increases of 6.1 % every
JWlUary 1 from Fiscal Year 1998 through Fiscal Year 2001. '
Conclusions and Recon,mendatiolls
In consultation with management, we have explored a large number of alternative financial
scenarios for the Solid Waste Utility. The preferred scenario presented here is based on a
reasonable set of assumptions and meets the utiLity~ s revenue requirements while achieving the
policy goals outlined above. Adoption of the rates will provide a sound financial basis for the
utility over the forecast period.
We therefore recommend the City's adoption of the financial plan presented herein and its
incorporation into the duly authorized rate schedule for the Solid Waste Utility.
We are pleased to have been of service to the City in this matter.
Y-
Page 4
L..............-'-.J...... . . ,~,. ~..'.t.. ,..-
t . .-,..,.........-~ ..,..iw'.....<...~)-. i,.,- >
~......, . ......
I'
. I' ( .' ~,.. ,. ~'. . - ... .' . : ~ 'c . J t
>t' ."
~
t':
I
~
~
...
~
~ Iq:
o ~ ).
Ii 5 ~
15 S ~
!< ~ !fill
~ ~ ~
~ ~ it
de"
:....:l ::s
o i CI)
E l&I
i
m
a:
I il
IC
..
II
I:
..
a
III
!~
...a
::
!t
i ...!
I
!
~
~
~
c
...~
:ci
"'1=
:l
.I
I~
~
I I 1
itlll!
I 188
('1M
itit lII!lII! itit
88 ,88 s:I s:I
-... ~~ MM
I I I
lII!lII!
I 188
I"iM
~ '/18 lit it
IS I 88
..;., ~~
, I I
lII!lII!
I '88
('1M
it'/l 'itit
a$,88
-... ~~
~~~
<<;zz
'/lit
~~~88
zzzlri8
....~
~~~~
z<<;z:;:
~~~
zzz
'/lit
~:!'!;~88
zzz~~
~~~~
~~~
lII!it
~:!!:~88
.t;ZZSg
~ ~
~~~~
,..
b
'/I
lD
lD
..
..
..
II
a.
'/1'/1
sn~ ffi"
.,., z
UJ
0.
~
:l
0lI
o
itit l!i
~~ ...
.,. Z
UJ
~
w
!!:.
III
w
'/lit >
00 0:
ll)ll) lJl
Inln W
Wi"
zo
oUJ
~g;
Il.;;l
IS
'/1'/1;)0:
Oollllll
.0 In III >
Ino,n~o
!i~
oC..J
u<
Ii:!::
ill.
ititeC)
~~IIl~
lIio,nlCi:
ilia:
~~
~~r~~~~~
to
1
"fi
j
~.
s;
III
; ~ ~i
~ i. ffi)2
Q !:ID a ~~ w~~ EB
~ ~!~ III lII>m u~~ ~I
~ III UJ .... t IIlCe >~o ~
~ 5 ~~ffi~ = ~~~ ffi~~ ~~
~ ~ z~~! ~ 5~~ ~ ~m~ ~J'
~ ~~o2~~ m !!1Il m m~o fa
~ ~~iB~~~:~t ~j~ ~~ ~l~~~c ~~
5 ~~e~&~~~~~ o~1 ~o EC~t~~ ~~
~ ~ffi2~~~~$~g;i~~Wiw~ ~~~~~w ~i
~ 11~!~;J~~E!~~i~~~ li~~i~~sil
~ < E~ <"'~~~~::i~~c-S~~I~~~!a~J
~ ~~ =ii~~ ~y~~ ~g~~}l
~ ~~ · III~O cffiffi~ U~~-.S
~ -::!~ ~ ~==~ ~~~~ ~OO~lv.
i ~< o~~~ffi~; !tm~~D~~m~~~
f. ~I ~"..uu~ ~w ~ZF8 z~~
~ ~ ~a8~~~ ~D ~~O CI~
~ ~ ~~c~..! D a!
PN~~~~~~Q~~~~~~~~~~~~~~~re~~M~R
. .. ~. ~
II
I:
..
i
I
~
to;
a
~
~
~
~
~
rc
~
~ ~
~ ~ ~
= 5 i::
~ $ ~
~ """
.c i:
el ~ ~
U ::l C
!i i ~
6 !
it:
~
I
rl
~
m
!
~
~
m
c.i
~
~
j! ffi
;; ~
....0
!a
0::
a.
Q
~I
gOI
oW
1'60
0::
a.
g lill
m CD til
rll CD WI
f ~Ol
III 0::
II a.
o
z
6
ifi
~ Iii,
~ :81
~ ~~'
Ii:
..,
1IC
::
..,
~
~
..l
CtI:)
CD I-
~ ~u
~ ..
~
N
!;:
o
ti
c",
C
~
~'
"'1
t:l n,
Z! l!!1
~ g'
m l:l'
=- :!
m Zl
'e!
B ~I
~ it
g wi
-., ~I
ig
~ n,
..
~. ~.~.l
;!13p:
~ 'WL
tl;l
I
la
~. ~.~"l
18, ~ ~ a
I ti a I
~-~.@.g g
1813~a ~
~ "ct 't
I tl ~ 1 I ~
~. ~i ~. ~- g g.
caMcnV'J- ~
lD:g!N~:& :
I ~ oq- III at
, '" ~ I I ~
I
I
I
~"~.;~.~. ~
:8 l'l ~ ~ lI:I
:g U) lD .,
"" oq' 't
"":;:1
nlU8 8
fB;- &;' ~ a ~
~ . ~ ~
a = I ~ =
... III
2 ~ i
2 I ~ 0
" ~ ~ L\.
[ll ~a:lI)l O!ij iii
C,)! ~ ~ ~ ~: 0 G i i
'~ ~ &1lrl ~ ~ ~ a:
o'QWW'-l/j C
'It 'lUlJO;f!;w U
1Q,~: t; ~ ffil fn ~ c:c ~
l~ ~l:l~ia::J~Q z
~ ~ II) lii Iii:,~ ~ 10; ~ ~
~i~~a!~Se~~
lir~ . 0 0
IQ~ zm
.......lII!
~
"
o
~
1 1'1
tit
e- ~. ~.
~I"" I ~ s;
@ ~
t::l~ ~
III ..
ft
o
CI
ct
lI:I
.,
't
1 In
tit
@- ~ ~. @_ @.li l
~-:d ~ ~. ~ ~~ :t
l'l -r IDn ill
""'"' ...... po ..
... ... tit, tit
N
'l5
0-
f
@.s ~- @.~~J l
I?!- m ~snea ~
~ .D III ~ 01 :-~ ~
or- ........... ....
... ..... tit
~ ~ @ @ @ ~I I
~:: :If g- sf ~d ..
O".D III lDi!rlcJliI..
N N"N .,
.... fI"""........ ...
"" on..
~~~@~lll
:f ~ fl' l ~;fU i
.,.: \D .,.: ~ N .,
_ ..... po.-..
.. ......
~~
.0
;q
:'0
:;
@. @.lll
.. N fi-
.,.00 ..
..,"'" 00
-- .",:
I... -..
... tit
@~
-8
! .
.,.:0
...
...
@. ~ III
~. ~ i~ E
... .. 0-
1... ...~
.. tit
~
o w w
= ii ~ ~ I
a IIIw ~ ~ a
a I)~ ~ ~ i:::
~ ifiw --
~2 ~ ~ i
o'}!:! ~~U)tI ~
z~ ol!:~::J =-
CW ~~I!:!~ 0
~~:.:J~i~mGrf
z~~8: ~~i~m
~j5ia:~~r3~
~!!;!ZI!:!~W~~~
Ow:::[jj~OOi=
za::,", a: a:....:s
j:}!:! :-' I!! i~ W ;'5 Ili ...
:5 c( :5 < 10 o~ 0 Ill. ~
m a: - a: ,t- I- 0 ...
a..
o
~ J
,
~t~~~J~M,,.";'.lt#lo ,_.-i"'~"'~' . .
....
~
. ""~~."~M',,,,,~..,,,..,oO>\"'_.'r. .r.. .........'>-0 >_...--~,-"".~ .... d_.....<.-.~.i"~~....... .....,t...... ~
..,. '.. .
. ._~. i...... "'~".~d"'~' ':j. '...t~~..;, :::"':.:.:......~:\.~/,. '. L 1','". ,.......
~
~
.'
~.\A. ~5
u. ,"".'~'i:.'~";'~r.l"~'
r. 'j . I ~.,. ~~ <-I,
o C X;~~~ ?1"~"'::a}'J rwater
>f;\ l.t, \ 'f$~"
!. ~', "t!' I" .
f.-of'~'.', ~~. ~ .... ~'.
_ -too.)",. .....w.-1.>"
U
Interdepartmental Correspondence
#2088-0004
TO:
Cindy Goudeau, City Clerk
FROM:
Robert M. BiUmback, Director of Solid Waste
rt 'J41.~.k
COPIES:
Mike Roberto, City Manager; Rick Hedrick, Assistant City Manager
SUBJECT: WORK SESSION QUESTION RESPONSES
DATE:
November 18, 1997
This memo is in response to the questions that were asked at yesterdays work session.
1.) Need a report on the roll-off program. Report attached.
2.) In the 97/98 budget how much was drawn down in order to balance the budget?
The initial FY 1997/98 budget has a projected $434AOO deficit. This arose from
expenditures exceeding revenue by a total of $926,300, less a projected 4.3% rate
increase ($491,900),10/1/97.
3.) Although Paul provided an answer at the meeting, please compare number of
employees over the last 5 years.
At the beginning of FY 1992/93 (10/1/92), Solid Waste had 104 full-time positions. At
the end of FY 1996/97 (9/30/97), Solid Waste had 1 02 full~time positions including
one (1) new roll-off equipment operator.
4.) Mayor mentioned cardboard being at the K-Mart on Gulf to Bay for about two
months, please contact and see if we can help remedy the(r problem.
.
In process.
5.) . Do you have any alternate rate increase scenarios we can provide the
Commission?
Alternate rate comparison attached.
o
\tVksesslon
~, :~,;I>u:t~~aIJ rwater
>- ~:'~ ';:<, f;':"
I- ' ,
. .' ...~~;J:
u
Interdepartmental Correspondence
#2088-0004
TO:
Michael Roberto, City Manager
FROM:
Robert M. Brumback, Director of Solid Waste
rp(yY'. ~
cc:
Kathy S. Ricc, Deputy City Manager; Rick Hedrick, Assistant City Manager; Paul H. Nystrom,
Controller; James V. Maglio, Superintendent; and File
DATE:
November 18, 1997
RE:
ROLL-QPF SERVICE OPERA nON
Per Conunissioner Seel's request, attached are Comparisons of Cashflow Projections and actual results for the roll-off
program for the three month period ending September 30, 1997 and the seven months ended September 30, 1997.
Since our roll-off operation actually commenced in March, 1997, the amounts noted for projections equate to
months five through seven and the first seven months of the FY 1996/97 proforma.
The actual total revenue for the three month period was $100,874 or slightly over 81% of the $197,700 projected.
Revenue received from the private haulers for the 15% surcharge exceeded projections by $29,871. Direct revenue
generated by the city's operation was $66,697 short of projection because the total number of pulls the City made
was 427 or 55% of the projection (777)). While we are working on obtaining direct revenue producing roll-off puns,
we have utilized our recycling roll-off vehicle to enhance commodity pulls. During the three-month period we made
a total of 124 pulls in which we collected cardboard, (64) from major providers or delivered commodities such as
glass, office paper, and scrap metal to market. We collected approximately 89 tons of additional cardboard with a net
value of 53,600. By delivering our commodities to market, we saved $2,775 which in the past has been paid to
private haulers. We continued to experience additional delays in serving new customers while private haulers had to
remove their compactors and open-top containers from the customer's location. These are normal problems for any
new enterprise.
As a new business, we made expenditures very frugally during the three-month period. Operating costs were held to
$86,678 or 2~% less than the $115,200 projected. Estimated &sposaJ fees for pulls not made saved $27,425 in
projected expenses. Likewise, capital investments in containers and compactors were not made unless business
volume justified the expenditure, however we have already met our goal of three compactor rentals the first year and
have a founh under contract.
In swnmary, overall revenue fell sholt $36,826 and expenditures were $35,462 less than projected for the three-
month period. Our net revenue was only $1,364 below projections. For the seven-month period, overall revenue
fell short $54,942 and expenditures were $50,602 less than projected for a net revenue shortfall of $4,340 which does
not take into consideration the $2,275 savings in recycling. We were able to generate $18,297 in positive cashflow
versus the $22,637 projected and saved $2,275 in recycling hauling costs. We feel that for a new business which
incurred some delays in procurement of containers and experienced some difficulty from private companies not
removing containers, we have performed well for the first seven months.
RMB/pdf
rolloff oper.doc
Attachments
..
...' . ." ~.;.. ."" ....:'.,<{......~r':t~~~..a.:;~ ". '. ,.',,"~.~"'< 1-.....,
11/10/97
City of Clearwater, Solid Waste Department
3-Months Ended 9/30/97
Comparison of Cashflow Projections and Actual
Results for the Roll-oftService Operation
Actual Better
Actual :Projections 'If (Worse) Projection
Revenue
Charge for Pulls $37,402 $67,500 ($30,098)
Disposal Fee Charges 45,975 73,400 (27,425)
Revenue for 15% Surcharge:
City Hauling 11,891 21,230 (9,339)
Private Haulers 64,871 35,000 29,871
Other Revenue ill Wl ill.
Total Revenue S160.874 $J97.70Q (.$36.826)
Operatl"&: Costs
Personal Services $15,972 $15,300 ($672)
Disposal Fees 45,975 73,400 27,425
,Interfund Charges (4.5%) 7,239 8,900 1,661
Garage Charges 6,182 6,000 (182)
Lease Purchase Debt Service 11,060 11,060 0
Other Operating Expenses ~ ~ 222
Total Operating Costs $86.671{ $115.2QQ $28.52~
Remaining Revenue $ 74,196 $82,500 $(8,304)
~1)pitallnvestment
Open-top Containers 44,595 51,000 6,405
Compactors for RentILease 26.96~ 27.5QQ 53~
Net Revenue (Deficiency). $2.63fi $4,OOq . $(1.364)
Number of Pulls m m ~
*The projections noted represent months five through seven of the proforma
since the roll-off operation did not commence until March 1, 1997.
. 3mroll.xls
I
I'
I'
['"'
"',_ .C\~. l ';'~..' ~~ ~;>',1. .~"'111.~': .~ ....<. I..~ '~.~. ~..~..
City of Clearwater, Solid Waste Department
'-Months Ended 9/30/97
Comparison of Cash flow Projections and Actual
Results for the Rollwoff Service Operation
.'
11/10/97
*The projections noted represent the fIrst seven months of the proforma since the roll-off
operation did not commence until March 1. 1997.
7mroU.xls
"
T~~ T
-
~ T
.'
. './ ;...,
. ~ > .': t ".: ':."'":' ".:: '. ., . 'I: ~. .
'".''''' :,' ".'
, (
City of Clearwater Solid Waste Department
Effective January 1 Monthly Rates
Alternatives Considered
Cumulative
Since 7//1/94 1/1/98 1/1/99 1/1/2000 1/1/2001 Increase
1. level 6.1 % increase for
four years (Recommended)
. Single family residence
$16.30 $17.29 $18.34 $19.46 $20.65 26.72%
\ .99/ \ 1.05/ \ 1.12/ \ 1.19/
. Small commercial business
or multi-family complex
(2 c.yi twice a week)
$138.66 $147.12 $156.09 $165.61 $175.51.
\8.46/ \6.97/ \9.52/ \10.10/
. large commercial business
or multi-family comples
,(8 c.yi twice a week)
$374.91 $397.78 $422.04 $447.78 $475.09
\22.87/ \24.26/ \25.74/ \27.31/
2. First increase 10.7% followed
by level cost of living increases
of 3% for subsequent years
. Single-family residence
$16.30 $18.05 $18.59 $19.15 $19.7320.96%
\ 1.75/ \ 544/ \564/ \584/
. S~all commercial &' multi~family $138.66 $153.50 $158.11 $162.85 $167.74
\14.84/ \4.61/ \4.74/ \4.89/
. large commercial & multi-family $374.91 $414.28 $426.71 $439.51 $452.70
,\39.37/ \12.43/ \12.80/ \13.19/
3. No first year increase followed by
three years with 10.5% increase
. Single-family residence
$16.30 $16.30 $18.02 $19.91 $22.00 34.92%
\-0-/ \ 1.72/ \ 1.89/ \2.09/
. Small commercial & multi-family $138.66 $138.66 $153.22 $169.31 $187.09
\..Q-! \ 14.56/ \ 16.09/ \ 1 7.78/
. large commercial & multi-family $374.01 $374.91 $414.28 $457.78 $505.85
\-0-/ \39.37/ \43.50/ \48.07/
..~ ,~. Ie
. ,'..'
,
I'
.J4';-'-e.' ,,''''.''''
........ .~
.' . ,.~; _...., . ~ I; ;,t. /J:""."1: t~;(~ ':t :.l;~~':~ .,:"'~"" i +-!:~.~ 1,,~'I~~t~' J ...... .,,,~;: "." ~..., ','
} ',T." ',I'
Item #26
, .
.,...,'
I,,"
. ~.\~ '.
'::.i';.
" '.'.
, '
I. ., I
)3~'7
:."
~, '".
,,'
"
....
.' ,
~ t,
I,,'
"
.:L
.i
..' ,
'I',.
I '
/'.;
,L
.'
I: :.
~. '.
't""".I< .
" ..
,.
,:",;:'
:,:!.. \' 1 '.
1f;:>';":
,.".'
,i -
:};~,~
;'~>' .'
. ~u~~.w!MiW;~ft;.\~Vt#"'Rli""l#.1.ilO'''''--'-''',..~: >;,', ,
.J
,.' ... .. ....-:-............. ~.--''1"....:.>>.d4tft....;,ui...."..(p,u-Wri.........._....~ .,..l....._-;;JJn.H:.U..~-;".U;'"'t.,:~..,.,.l.;/i""~~..H, ..'""':"..... _......~.....
1= '~ ' f '
J7 ....
..
;.
,"'l'" ....: ",.
,..1,. " ,
Meeting Date:
.
Clearwater City Commission
Agenda Cover Memorandum
Item I:
SUBJECT: Saturday In The City
RECOMMENDATION/MOTION: Approve additional in-kind contribution of $544 to "Saturday In The
City", bringing the total in-kind contributions to $1,708
IilI and that the appropriate official. be authorized to exeoute same.
SUMMARY:
. On October 1 6, 1997, the City Commission confirmed co-sponsorship of certain special events including
an in-kind contribution of $1,164 to Saturday in the City for trash removal and a sound system as required.
. An additional in-kind contribution of $544 has been identified for the provision of a portable restroom.
. On Monday, November 17, the Community Redevelopment Agency (eRA) approved a cash contribution of
$3,292 to Saturday in the City. This cash contribution ($3,292) coupled with the total in-kind contribution
($1,708), results In an overall contribution of $5,000.
Legal ~t~HH~irt4'I~~nr~tf!fr
Budg'l Ei@: ",' m"g;!jj
Purchasing mmmn: '\E!llnlj UI6I' De~a1m'f1t:
Rlak Mgmt. Enm!m'N'Amr:~m~ mmmHHp'jrk~~M~fRl"'!f"" if "~~ ,[: um
13 ~inH@:jfJA:mdH!
ACM 1;:Hi;;?imif1prliW~~ii
Oth., m!!:m;!NJAi@I@! Adv.rtlsed:
lill1ilij!il~~~~~!!~!li![ii!I!~~~i~~']
Commission Action:
Reviewed by:
~~~~Htn~~1 ~ 1r~Y.644:oo~1
Total
o Approved
o Approv.d w/Condltlon.
o Denied
o Continued to:
+"..~.. ......... ... ......J. ............. i.~.
;; m;; ~ ~~g1 ~n ~~:~~~~~~ ~~~ ~g}~~ W
CUrrent Fllcal V..r
Funding Source:
CClpftellmpnlwlMnt:
.Opel'lltlng:
o
Other:
Attachment.:
'~r~::: ::~ ~f::~:;: ~:;::;~;;::;~; ~: H; ::,::: ::~::~; :':~~ ::::;
): :~:: ;~~:::':::: .:~;;:;: :::: ;~:: :;~::: :;~:~~: :~:::; ;~~:;::~
SubmItted by:
'" :se./5J
City Mlnlg.r
o Prinl.d on rtcycl.d pip"
IJ Not Required
Affected PortlOI:
IJ NotUltd
o Not Raqulr.d
,. .., ..,....... .~pp.~9.p.~~~,~~~..~~~....., ......,'..'..,. .....
!i:m!J~'-~~~19~~.~9.~Hf'~~~miii:;Hiin!n
~~~d#4"""M~oDol""'''''''''''''':'''' ..
\'.'\ .
. -...,....."...1...'........ ,.................~ ...~.. .'1'>>/- ..~.""........---..~_,.,...,......~<....) I...... ~I ," ....I,.>~ ....,..~ '..4
. ,
...~.J\..i.t.'.I:.....\..Jo.i"l.-..Jitl~;..~...'>.....
-I: .... ~ -.. - .
'"I" ,.
......-. ."
r
j'
I'
, ,
.
. ~ /1" c ':I;\~, .....:">'.. ..,..:~I\"" ,....: " .
cr - .
': . .,
.
eM Lj
Clearwater City Commission
Agenda Cover Memorandum
21 llcm#:'"
Meeting Dale: :,+1 '~'~~ fir;.,
. (~ , !.l '.. . .
SUBJECT:
Other Sponsorships and Charitable Contributions
RECOMMENDA TION/MOTION:
Approve funding criteria for the award of sponsorships and charitable contributions and establish funding
for sponsorships and charitable contributions in the amount of $50,000
~ and that the appropriate officials be authorized to execute same.
BACKGROUND: '
The FY 1997/98 operating budget includes cash contributions for the following:
Fun 'n Sun Festival
Fourth of July Festival
Jazz Holiday
Florida Orchestra
Partners in Self Sufficiency
Advisory Board Dinner
Sister City Program
Florida League of Cities
Delegation Luncheon
Phillies Dinner
Paint Your Heart Out
Miscellaneous
Total
$34,720
10,000
25,000
15,000
500
5,500
1,200
300
500
2,000
700
10.000
$105.420
New or additional requests for the 1997/98 budget year include:
Florida Orchestra
Chamber Orchestra
Olympic Sailing Team
Dunedin Arts
Littlest Jazz Band
Bombers
Greenwood Panthers
Saturday in the City
Greenwood Apartments Free Clinic
Reviewed by:
Legal
Budget
purchasing
Risk Mgmt.
IS
ACM
Other
n/a
Total
Commission Action:
o Approved
o Approved wlConditlons
o Denied
o Continued to:
n/a
n/a
nla
nli!
n/a
Originating Oep rtment:
City ttlfL-
User Oepa ment:
Costs:
Current fiscal Year
Advertised:
D~le:
Paper:
o Not Required
Affected Parties:
lJ Nollfied
lJ Not RequIred
Funding Source:
lJ C,pll"llmprovemenl:
lJ Oper.&llng:
lJ Other!
Attachments:
Appropriation Code
o None
)',.
~.w.\:.....,...a..r~' ...
~ .q...,....... \..~l...~ ....i.....~....;l;.N:;.1.~,.J.,.~..:i......;~~~~~;).i,1~~.t.&.J.6~~?:., c!~ <~,.~...~::.:. I~',
"j .:'..
'"
>',' ;.~.:~ .,.".....
-
,\ '"
-
,.
~
--~-~--- .....-
, ,t
"
"
.
"\101 ~. (.,..,...1 ;~.'> 'I.;
{: ..:-.4./1.r....." ,~
"
r c'\; ~~.:.;\.;\.; ,';\ t'c:, ~"h~';~ ;:;~,.i,~:,:;'~.;,v~,,:':;\:'V::f?<rt'l: (:::,: :})J; ,::,,<,.;,:~; I,:; I, '. ....',' ',' .,':,.,. "
;)'/
Funding of $40,000 will be provided from the $1 million of Hvision" funding and the $10,000 of miscellaneous funding
'noted above, for a total $50,000 for other Sponsorships and Charitable Contributions. We recommend in January you
allocate these funds for the projects that have requested additional dollars. In December we will send a notice to those
who have applied and request additional information.
The following criteria are offered as a means to critique and award funding for these outside requests:
· Benefit to the City of Clearwater
Benefits the Entire Community (8 -10)
Benefits a Sector of the Community (5 -7)
Benefits a Specific Neighborhood (1-4)
· Program Request
. Program is one year funding and will be self supporting upon completion. (8 H1 0)
Program is expanding a service to Clearwater (4-7)
Program is currently !.erying Clearwater (1-3)
. Proven Successes
Organization has a strong history of successful programs (8 H 10)
Organization has limited histo'ry of successful programs (4 - 7)
Organization or program is new (1 -3)
· Cultural or Event for Economic Development
Program has a significant spin off for Economic Development (8-10)
Program is a catalyst for Economic Development (4-7)
. Program brings people together (1-3)
,;
I ,
.';
,,'
,~; I .
oj!
" ,
; ~__ I .
j"
J~
RESOLUTION NO. 97..64
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA, RELATING TO THE MONEY PURCHASE
PENSION PLAN; APPROVING THE DECLARATION OF
TRUST OF THE ICMA RETIREMENT TRUST;
AUTHORIZING THE CITY OF CLEARWATER TO SERVE
AS TRUSTEE UNDER THE PLAN AND TO INVEST FUNDS
IN THE leMA RETIREMENT TRUST; DESIGNATING A
CERTAIN OFFICIAL AS COORDINATOR FOR THE
MONEY PURCHASE PENSION PLAN; AUTHORIZING
EXECUTION OF ADMINISTRATIVE AGREEMENTS BY
THE CITY MANAGER; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Clearwater has employees rendering valuable services;
and
WHEREAS, the establishment of a money purchase pension plan benefits
employees by providing funds for retirement and funds for their beneficiaries in the
event of death; and
WHEREAS, the City of Clearwater established a money purchase pension plan
(the UPlan") by Ordinance 6180-97 adopted August 21, 1997, and the Plan shall be
. maintained for the exclusive benefit of eligible employees and their beneficiaries; and
WHEREAS, the City of Clearwater desires that its money purchase pension plan
be administered by the ICMA Retirement Corporation and that the funds held under
such plan be 'invested in the leMA Retirement Trust. a trust established by public
employers for the collective investment of funds held under their retirement and
deferred compensation plans; now, therefore,
BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA:
Section 1. The City Commission hereby approves the Declaration of Trust of the
ICMA Retirement Trust in the form attached hereto, intending this execution to be
operative with respect to any retirement or deferred compensation plan subsequently
established by the City, if the assets of the plan are to be invested in the leMA
Retirement Trust.
Section 3. The City of Clearwater hereby agrees to serve as trustee under the
Plan and to invest funds held under the Plan in the leMA Retirement Trust.
Resolution No. 97~64
~
d
\
C1"."'""";-. .,:: f> ~~'~d......_. """.\;".':;-'3,,:,,{,:~'t':'>~.;.'.' ,..,:~~..~c I. .
. ~. .., 1 '. '> '.." ~'
Section 4. The City Manager or his designee shall be the coordinator for the
Plan: shall receive necessary reports. notices. etc.. from the leMA Retirement
Corporation or the ICMA Retirement Trust; shall cast. on behalf of the City of
Crearwater. any required votes under the ICMA Retirement trust; may delegate any
administrative duties relating to the Plan to appropriate departments.
Section 5. The City Commission hereby authorizes the City Manager to execute
all necessary agreements with the ICMA Retirement Corporation incidental to the
administrative of the Plan.
Section 6. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this
day of November, 1997.
Rita Garvey. Mayor-Commissioner
Approved as to form:
~ft Akin. City Attorney
Attest: ,
Cynthia E. Goudeau. City Clerk
!
I,
!.
2
.
Resolution No. 97-64
l~~~e.~<;"""'''--~< <;'
II..: ,'i'... .
. . . - --, -'oj!" ................. ...f"- ." "'. .." T ~... ..... -.. .. ..
r" d
"
.
"
, r.:
...1..~.r,,~:.~..""'.:;.":l.'(.':,~,~,/~ /,4.1,\_,;_';,\;: ~I'~"';i' .,':..C...h............~.~.jt,'~ T ..":~ '.;..:... , " .t~.j.<.,..
t
..
leMA RETIREMENT TRUST
DECLARATION OF TRUST
OF THE leMA RETIREMENT TRUST
...... I...... .... .....,........... ......, ....,............. ..,..........
"1
.
.
amended January 1995
. ,,)'. .
.< f','
, ,
, ' ,
, . '..
',.
1 ...
.
. .... ;". .',t.
.' .
< _ La
.....
~
__""-1'- _____...,.
~
..
-
DECLARATION OF TRUST OF leMA RETIREMENT TRUST
ARTICLE 1. NAME AND DEFINITIONS
Section 1.1 Names The Name ofthe Tnut created hereby Is the
ICMA Retirement Trust,
Section 1.2 Definitions: Wherever they :ne used herein, the
following terms shall have the following respective
meanings:
(a) By.laws. The By.laws referred to in Stcllt1n 4,( hmof,
as amended from time to time.
(b) Deferred Compensation Plan. A deferred
compensation phm established and maintained by a
Public Employer for the purpose of providingretirement
income and other defem:d bene(iu to in employees in
accordance with t~e provision of section 457 o( the
Internal Re\'enue Code of 1986, as amended.
(c) Employe-es. Those employees who participate in
Qualified Plans.
(d) Employer Trust. A trust createdpursuant to'an
agreement between RC and a Public EmJlloyer, or an
agreement between RC and a Public Employer (or
administrative services that is not a trust, ineithercase
(or the purpose of investing and administering the
(unds set aside by such Employer in connection with its
Otfened Compensation agreements with its employees
or in connection with its Qualified Plan.
(e) Investment Contract. A non.negotiable contract
entered into by the Retiremenr Trust with a financial
institution that provides for a fixed rate of return on
investment.
(0 ICMA. The International City/County Management
Association.
<I:> ICMA/RC Trustees. Those Trustees e1tcled by the
Public Employers who, in accordance with the
provisions of Section 3.1 (a) hereof, are also members
ofthe Board of Oi rectors o(JCM A or RC (or I n the case
o( Re, (ormer members o( the RC Board).
(h) Investment Adviser. The Investment Ad\'iser Ihat
enters into 3 contract with the Retirement Trust 10
rro\'ide ad\'ice with respect to investment of the Trust
Propert)..
(i) Portfolios. The separate commingled accounts of
im'cstmenr establislled by the Investment Adviser 10
the Retirement Trust, under the supervision of the
Trustees, (or the purpose o( providing im'estments (or
the Trust Propeny.
(j) Public Employee Trustees. Those Trustees elecled by
the Public Employers who, in accordance with the
provision of Section 3.1 (a) hereof, are full-time
emplO)us o( Public Employers.
(k) Public Employer Trustetl. Public Employers who
serve as trustees of the Qualified Plans.
(I) Public Employer. A unit of state or local government.
or any agency or instrumentality thereOf, that has
adoptN a Oc(erred Compensation Plan or a Qualified
Plan and has executed this Occlaration 01' Trust,
(m) Qualified Plan. A plan sSJOnsored by a Public Employer
for the rurpose of providing retirement income to its
emplO)us which sat isfi es t hequa Iification r~uirements
of ~tion 401 of the Internal Revenue Code, as
amended.
(n) Re. 1hc International City Manilgement Association
Retire~nt Corporation.
amended Janu;uy 1995
....
(0) Retirement Trult. The Trust created by this
Declaration of Trust. '
(p) Trust Pr~rty. The amounU held In the Retirement
Trust on ~half of the Public Employers in connection
with Ocfmed Com~nsation Plans and on behalf of
the Public Employer Trustees (or the exclusive benefit
of Employees pursuant to Qualified Plans. 1be Trust
Property shall include any income resulting (rom the
investment to the amounts so held.
(q) Trustees. The Public Employee Trustees and ICMN
RC Trustees elected by the Public Employers to serve
as members of the Board of Trustees ofthe Retirement
TrusL
ARTICLE II. CREATION AND PURPOSE OFTHE TRUSTi
OWNERSHIP OF TRUST PROPERlY
Section 2.1 Crc-arion: The Retirement Trust was created bv the
extCution of mis Declaration ofT rust by the initial Trust.
ees and Public Employers and is establislled with re~t (0
each participating Public Employer by adoption 0( this
Declaration of Trust.
Section 2.2 Purposes The purpose of the Retirement Trust is to
p:rovide fOf the commingled investment of funds held by
the Public Employers in connection with their Deferred
Comp.cnsation and Qualified Plans. The Trust ProllCrty
shall be invested in the Portfolios, in Investment Con-
tracts, and in other investments recommended by the
Investment Adviser under the supervision o( the Board of
Trustees. No ~rto( the Trust Property will be invested in
seeurities issued by Public Employers.
Section 2.3 Ownership of Trust Property: The Trustees shall
have le231 tide to the Trust Property. The Public Em~loy'
e rs sha If be me be neficial ownm ofthe portion of the Trust
Property allocable to the Ot(ened Com~nsation Plans.
The portion of the Trust ProJ?e fly a Iloca bl e to me Quali-
fied Plans shall be held for the Public Employer Trustees (or
the exclusi\'e benefit of the Employees.
ARTICLE lU. TRUSTEES
Section 3.1 Number and Qualification of Trustees: (a) The
Board ofT rusteesshall consist of nine Trustees. Five ofthe
Trustees stull be full. time employees of a Public Employer
(the Public Employee Trustees) who are authorized by such
Public Employer to serve as Trustee. The remaining four
Trustees sJiall consist o( two persons who, at the time of
ettCtion to me Board ofT Mtees, are members of the Board
of Directors of ICMA and two persons who, at the time of
election, are members or former members of the Board of
Directors cJ RC (the lCMA/RC Trustees). One r:i Ihe
T TUStees who is a director ofl CMA, and one o( the Trustees
~'ho is a dirtCtor o( RC, shall, at the time of election, be
full.time employl:ts of Public Employers. (b) No person
may serve asa Trustee (or more than two tcrms in any ten.
year period.
Section 3.2 Election and Teran (a) Except (or the Trustees
appoinled to fill vacancies pursuant to Section 3.5 hereof,
the Trustees shall be elected by a vote o( a majority of the
voting Public Employers in accordance with the proce-
dures set forth in the By. Laws. (b) At the first election of
Trustees. three Trustees shall be elected for a term ofthree
years, three Trustees shall be etectC'd for a term of 1\\'0 years
and three Trustees shall be elected for a term of one year.
At each subsequent election, rhree Trustees shall be elected,
each to serve for a term of three years and until his or her
succeSSOl is elected and quali(ied,
r
M_
,-
~ --.---.-- -..---
:... ~*~.;;,,.....It-~'P""'--~''''
,"-
Sectlon 3.3 Nomlnuionll The Truslees who are (ull.time
employers o( Public Employers shilll serve as the Nominat-
lna Commillee (or the Publlt Employee Trustees. The
Nomln..tln~ Commlllce shall choo~ candidates (or Public
Employee TrUSlee In ;lccordance with the procedures ~t
(orth In the By.laws.
See lion 3.4 Ruli:n:ulon ;Irid Removals (a) Any Truslee may
resign as Trustee (Wllhout need for prior or subsequent
accounting) by an Inslrument In writing Signed by the
Trustee and dellvcred 10 Ihc other Trustees and such
reslllnatlon shall be effective upon such delivery, or at a
bter date according to the terms of the instrument. Any of
the Trumes ma_y be removed for cause, by a vote o( a
maJorlt}'_ of the Public Emp:loyeu. (b) Each Public Em-
ployee Trustee shall resign his or her p'osltlon as Trostee
within sixty days o( the date on which he or me ceases to
be a (utl.tlme employee o( a Public Employer.
Section 3.5 Vacancies: The term o( office of a Trustee shall
terminate and a vacancy shall occur in the eVent his or her
death, resignation, removal, adjudicated Incomp<;tenc:e or
other Incapacity to perform lhe duties o( the office o( a
TTustee. In the case of i\ vacancy, the remaining Trustees
. wit appoint such person as they In cheir dlscreclon shall
$Ct fit (subject to the Iimlliutons sct (ouh in this Stet ion),
to$trve (or the unex(1lred ponionofthe term ohhe Trostee
who has resigned or olhc:rwlse ceased 10 be a Trustee. The
appolntmc:nt shall be made by a wrlnen InSlroment signed
by a majority of the Truslt:es. The pc:rson a('lpolnted must
be the same t~ orTruuee (I.e., Public Employee TtuStre
or ICMA/RC Trustee) as the p"crson who has ceased to be
a TTUStc:e. An appointment o( a Tronce mlly be made in
anriclpation of a vacancy to occur ar a larcr date by reason
of retirement or resignation, provided that such appoint.
ment shall not become e((ectlve prior to luch retirement or
resignation. Whenever a vacancy sh..lI occur, until such
vacancy 15 nned as provided In Ihis Section 3.5, the Trust.
ees in office. regardleu of lhelr number, sholl have all the
JIOwm granted 10 the Trustees ilnd shall discharge all me
(luties imposed upon the TrUSleel by this Dec:lmlion. A
WTirten Inmument certi(ylnJuhe ulmnce o( a vacancy
,igned by a majority or the TruJttu shall be conclusIve
evidence of the existence o( luch vacancy.
Section 3.6 Trustees Serve in Representativc Capacity: By
executina this Dcc:laration. each Public Employer aglces
that the Public Employee Trustees elected by the Public
Employers are authorized to act as agenu and representa-
tives of the Public Employm collectively.
ARTICLE IV. POWERS OF TRUSTEES
&:ctlon -4_1 General Powersr The Trusreeuhall have the power
to conduct the buslneu o( the Trust and to carT)' on its
opeTatlons. Such power shall indudc:, but shall not be
limited to. the rower to:
(a) receive the Trust Property (rom the Public Employ tn,
Public Employer Truslees or the trustee or administrator
under any EmployeT Trust:
(b) enter into a contract with an Invcstment Adviser
providing, among olher chineSf (or the establhhment
OInd operation of the portro ios, sdectlon of tbe
InvC$tmcnt Contracts In which the Trust Property may
~ invested. selection of che other investmenu (or the
Tru$l Property and the payment o( TC3sonable (ees to
the 'nvestmenr Ad\'itnr ind to any ,ub.lnvestment
adviser retained by che Invulment Adviser.
(c) revIew annually the penormance of the InvC1tment
Adviser ilnd approve annually the contract with such
Investment Advlsen
(d) Invest and reinvest the Trust Property In the Ponlollos,
the fnvestmenr Con rrac rs and in anyorher invenment
recommended by the Investment Adviser, but not
Including securities issued by Public Employers.,
rrovlded that if a Public Employer has directed that Its
monies be invested in one or more specified Portfolios
or in an Inveslment Contract, the Trostees of the
Retirement Trust shall invest such monlu In
accordance with such directions;
(e) keep such portion o( the Trust Property In cash orcash
balances as the Trustees, from time to time, maydeem
to be in the besc interest of the Retirement Trust
cTeated hereby without liability (or interest thmon;
(f) accept and retain (or such time as they may deem
advisable any 5ecurities or orher pro~rty received or
acquired by them as Trostees hereunder, whether or
not such securities or other property would nonnal1y
be purchased as investment hereunder;
Ie) c~me any securities or other property held elS pm of
the Trost Pr2PCJty to be registered in the name of the
Retirement Trust or in the name o( a nominee, and to
hold any investments in bearet (orm, but the boob
and Tecords o( the Trustees shall atan times show that
all such investments are a pare o( the Trust Propcrtyj
(h) make. execute, acknowledge, and deliver any and all
documentso( transfer and cOlweyance and any and all
other instruments that maybe ntcessa ry or appropriate
to cany out the poWtTS herein gran red;
(f) vote upon any stock, bonds, or other securities; give
general or special proxies or powers of attorney with
or without power o( substitutionj exerc:ise any
conversion privileges. subscription Tights, or other
options, and make any payments incidental theretoi
oppose, or consent to, or otherwise participate in,
corporat e reorganizations or to other changes affecting
corporat e securiti es, and ddcga te discret ionary powers
and pay any aSSessments or charges in connecrion
therewithi and generally exercise any of the powers of
an owner with respect to stoch, bonds, securities or
other property held as part of the Trust Propertyi
(J) emer ioro contracts or arrangements (or goods at
~rvices required in connection with the opcrationo(
the Retirement Trust, including, but not limited to,
contTacts with custodians and connacts (or the
provision of administrative services;
(k) bonow OT raise money fOT the purposes of the
Rethement Trust in such amounr, and upl?n wch
terms and c:onditions, as the Trustees shall deem
advisablc. provided that the 3j;g!egate amount of such
borrowings shall not excffif 30% of the value of the
T n1St PToperty. No pc:rson lending money to the
Truslees shall be bound to see the application o( the
money lent or to inquITe IOto its validity, expediency
or propri~ty or any such borrowing;
(I) incur reasona b Ie eXf'C nsesasrequi red (or the opera tion
o( the Retirement Trust and deduct such expenses
-from o( the Trust PropertYi
(m) pay tx~nses properly allocable to :he Trust Property
incunid Inconnectionwhh the DefenedCcf1!PCnsat{on
Plans, Qualified Plans, or the Employer Trusu and
deduct slIch exP.tnscs (rom that portion of the Trust
Property to which such expenses are properly allocable;
Cn) raY out o( lhe Trust Property all real and personal
propcny taxes. income taxes and other Eaxes of any
and all kinds which, in the opinion of the TrusteC3,
are properly levied, or ilSSCsscd under existing or
(uture lawl upon, or in respect 0(. the TTWt Property
il nd a lIoc.ate any such tlXCS to the appropriate accounts;
amended January 1995
I
a.~..:.'II-P_ri.:~~....n~.["... po.'"
,
-r
'P~.~-V-
."
(0) adc~)t. amend and repeal the By-laws, provided dut
such By-laws are at all times cOlUistrnt with me terms
of this Declaration of Trust,
(p) employ persons to make available lntmlll in the
Retirement Trust to employers e1ifible to maintain a
Defened Compensation Plan under 5<<tlon 457 or a
Qualified Plan under Sc-ction 401 of the Intern.al
Revenue Code, as amended;
(q) i$.Sue the Annual Repo<< of the Retirement Trust, and
the disclosure documents and other literature used by
the Retirement Trust;
(r) in addition to conductini the inve;;ment pr~ram
authorized in Section 4.1(d), make loans. Inc:lUdillj
the purch~ 0( debt obliptions, provided that all such
loans slull bear interest at the current market fate;
Cd contract(or, and delegate anypowen &nnted hereunder
to, such officers, agents, tmployeCJ, auditors and
attorneys as the: TMtecs may select, provided that the
Trustees may not delepte the eowc:n set fouh in
paragraphs (b), (c) and (o) ofthis Section 4.1 and may
notdelegale any powmif such delegation would violate
the ir fiduciary dudes;
Cd provide fOf the indemnitlCation of the Officers and
TrumesoCthe RetirementTewundporchuc flduciary
insurance:
(u) maintain booQ and records. including~rate accounts
. for each Publlc Employer, Public Employer Trustee or
Employer Trust and such additional seP.irate a"ounts
as are required under, and consistent with, che O::(ened
Compensation or Qualified Plan of tach Public
Employer. and
(v) do all such acts, take all such proceedines, and elCerdse
all such rights and privile~ althouetJ noe specifically
mentioned herein, as the Trustees may deem necessary
Of appropri:ue to administer the Trust Pro{>trty and to
carty out the purposes cl the Retirement Trust,
Section 4.2 DistnDqtion of Trust Property: Distributions of the
Trust property shall be made to, or on behalf of, the Public
Empluyer or Public Employer Trustee, in accordance with
the ttrms of the Defentd Comjl'Cnsatlon Plans, Qualified
Plans or Employer Trusts. The T rusteC$ cl the Retirement
Trust shall be fully protected in making ~yments in accor-
dance with the directions of the Public Employers, Public
Employer Trustees or UUStces or adminiStrators cl any
Employer Trust without ascertaining whether such pay-
ments are in compliance with the provisIons of the appli-
cable Defened Compensation or Qualified Plan or em-
ployer Trust.
Section 4.3 Eucudoo of lrutrumeats: The Trustets may
unanimously dcsigrulte any OM or moee of the T n1Stees to
execute any butTUment Of document on behalf of all,
including bUt not limited to the signing or endorsement of
any check and the signing 01 any applications, insurance
and other conmets, and the action cl such desl8!\3red
Trwtce ()(' Trwret$ shall have the same (ocee and effect as
if taken by all the Tewtces.
ARTICLE V, DUTY Of CARE AND LIABILITY OF
TRUSTEES
Section 5.1 Duty of Care I In uercbing the powers hereinbe(oTt
granted to the TNStets, the Trustees shan perform all acts
within their authority (Of the uclusive purpose of provid-
Ing bene6lS for the Public Employers In connection with
Deferred ComptlU3tion Pbru 2nd Public Employer Trost-
ees J'ursuant to QualiOcd Plans. and shan perfOfm such acts
with the care, Rill, prudence and diligence to the circum-
stances then pre\'aihni that a prudent penon acting in I
.Jmended J;lnuary 1995
~ -~
~
like u~c1ty and lamlliar with such outten would use If'
the conduct of an enterprise o( a Ilh character and wid
like aims.
Section 5.2 Liabllltyl The Tewtees dull not he liable (0( any
mlstah of Judgment or other action taken In eood tilth,
and for any action tlhnor omlued In reliance In Rood faith
upon the books of account or other records of tfie Retire.
ment Tnut, upon the oe!nion of counsel. or upon reP9W
made to the Retirement TMt by anyofiuofficen,cmploy-
ees or agents or by the Investment Adviser OJ Iny sub-
investment adviser, accountant, appraiser or other expert
orconsuhant selected with reasonable care by the TrusteC1,
officers or employees of the Retirement Trust. The Trust-
ees shall also not be 11 able for any loss sust2lned by the Trust
Property b~ reason of any Investment made In p,d faith
and in accordance with the standard of care s.et forth In
Section S.l.
Section 5.3 Bond~ No Trustee shall be obUgated to &lve any
bond or other security fat the performance o( any of his or
her duties hereunder.
ARTICLE VI. ANNUAL REPORT TO SHAREHOLDERS
The Trustees sh:tll annually submit to the Public Employers and
Public EmplCl}'er Trustees I written re~tt of the transactions of the
Retirement Trust. indudin, financial statements which shalt be
certified by independent pub'lIc accountants chosen by the Trustees.
ARTICLE Vll. DURA nON OR AMENDMENT OF
RETIREMENT TRUST
Section 7.1 Withdrawal: A PubUc Employer or Public Emproyer
Tewtee may, at any time, withdraw from thls Retirement
Trust by deliver!ng to the Board cl Trustees a wrinen
statement of withdrawal. In such statement. the Public
Employer or Public Emp'Joyer Trustee shall acknow!tdie
that the Trust Property altocablt to the Public Employer is
derived from compensation defened by employets of such
PubHc Employer J>UclSUilnt to its De(erred Co~nsation
Plan or (rom contributions to the accounts of Employees
pursuant to a Qualified Plan, and shall dtsi~te the
financial institution to which such propcny_ shall be u-ans-
ferred by the Trustees of the Retirement Trust or by the
trustee or administrator under an Employer Trust.
Section 7.2 Duration: The Retirement Trust shall continue
until tenninated by the vote of a majority of the Public
Employers, each casting one vote. Upon termln2tion, aU of
the Trust Property shall be paid out to the Public Employ-
ers, Public Employer Tewtns or the trUStees or adminutra-
tors of the Employer Trusts. as appropriate:.
Section 1.3 Amendment: The Retirement Trost may be amended
by the VOle of a majority of the Public Employers, each
casting one vote.
Section 7.4 Procedure: A resolution to terminate or amend the
Re tirement Trust or to re move: a T custee shal1 be submined
to a vote of the PubHc Employers jf~ 0) a majority ~ the:'
Trustees so dirttt, or, (Ii) a petition r~uestilli a vote
signed by nO( less that 25 percent of the Public Employers,
is suhmitted to the Trustees.
ARTICLE VllI. MISCELLANEOUS
Section at Govemin,r Law: Except as otherwise required by
state or local law. this Declaration ofTfU$t and the Retire-
me nt Trust hereby created shall be canst rued a nd regulated
by the laws of the District of Columbia.
Section 8.2 Counterpub: This Oedaration may be executed by
the Public Empro~rs and TNSteCJ in tlVO or rr.ore counter-
~ru, each ci Which shall be deemed an original but an of
which togcthmhall corutitute one aM the same instrument.
,
, ~ ~
f. ',{.'. ~. I.
IS+R.
'30
ORDJNANCE NO. 6205-97
AN ORDINANCE OF THE CITY OF CLEARWATER.
FLORIDA, 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 LAND 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 CLEARWATERt FLORIDA:
I
I ,
I
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 plan existed on
November 16. 1989 No'.~omber 1, 1-979 (or as may be amended added to thereafter)J
may be sold, leased or conveyed to another entity without prior approval of the qualified
voters at referendum. except when the commission determines it is appropriate to
dedicate right~of-way from properties identified as recreation/open space. Such
recreation open space land may be leased without referendum unless otherwise
prohibited by charter or ordinance.
Section 2. A referendum election is hereby called and will be held on March 10.
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 10t 19981 shall be as follows:
Ordinance No. 6205-97
[~~""~J'..ti4'l.o'I".~-~~~" ..
j.. ~
'.,
'-"'~""'1'... ......,.,_......:jA.........~r"'~.~.."'"''"~~ , ,....... ~L..~...I..........J....-<'..Aoo....~. ,.p1 .. ........, ~ . t..",._ _ ~..... . '" '. ,",..' ".. '
r..- ,
r
'f"-'
. ,'."j .', .~.. .. " .
30
CITY RECREATIONfOPEN 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 or
conveyance of such property?
For amendment to City Charter
YES-
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 only upon approval
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
P,ASSED'ON SECOND AND FINAL
READING AND ADOPTED
Rita Garvey, Mayor-Commissioner
Approved as to form:
Attest: '
Pamela K. Akin, City Attorney
Cynthia E. Goudeaut City Clerk
2
Ordinance No. 6205.97
~lLh~~ti~W.:"':'I;"'~''''''''''~'
- - ",_~_."""''''''''~.'''''4",~"."",_"",,,__ Ji
~-""'4"voh,r":';'IJ.:.\.~....I.;,,"'J'. ~'...,. ."'.,. -" .'I'~"
d
\0 t-
(Y) 0-
0
II C<r
(\J .
-
-
ac-
~~';__'_'M'''.''~~ ." ...
"
i i Mn
" f~ y}2
.. " " ) ~ '~~
., ',\, l j r
" ~ w I t . "
~J i . ~ l~i
~ i ! 1 E
.! 8
.. "",::::::,: c ! 0 ~ ~
~ .
.. ~ '0 il~~R
. .. t#'M
+ I #. :ii C + ygp
" '.... ,:"~ ,.. + >- f r
i I ID II) f j Ii i ~ j ,a;
.'C: ~ ,.: So ,,'
~ ~ . '.,t
Jl ~ ii il. ~ ~
.1 .! 'lJ'
~ID ,{i::
~ >- 16 H J 'il >- 1m
l.. B i . H~ 1 . 1 B
ti ti ~1{
ci) ... ,;z4~;
lD
... /?:Wi<
.. ......'1 ~~}k
]' - 1: 1; 1: J;w
i . 8 i j j 8 j j
!; > . ~ '~W
0( all tit 0".1:
",,1 ~ew
'0"; ::-:: ~.
i . . . . p
. .:.c .. -; ~
I'" Ii 1 - " j '0 ~ J -
" ~ ~ I'f ,... lD ~
!':.~ a: c i .. E
.. " :i ! .. j :i ... ... N I'f !
"I. J :i ~ . . . ~~ :i ....;:.
.. ., G :A
J':" , ~ ~ ~ fiJ
+ CI co
,....I.... .. + .. ... I'f M "It
V ^ ^ ^ ^
"::':'::'8 ~ as ~1 ~ ~ ~ ~ ~~
M !
1 ~::; CI)
8 t 0 g 0 8 ! gLk
CD N .-
.....,,1 .- ... .. + .. .. .. .- .;'c;.':(:
.. .. .. ~t)~
~"O''''', ! ! ~ II
'~'''' 31j .. ~ ~ ~
I;~;~ "",'. .2 -'# " +
. 8 o~
i:; #. " ':2 ~ .. a. ! M N
., cp f~ - o- j o- lD . E .. ..
::~'::I ,,~ g . ~.! .~ .. .. '# of 8 8 .2 .2
,....:1 It) I: - . . 0 r~'i'
of i c.o J 2 ~ '# '#
S CI t:! I'f ~.;.;: -;
... ~ + 0 g
~"l'l ., N N ... CD ....3r~.
0, ., "
5"0"" ::::.::':~ i 1 .~.t~:g~.
....'. . I
...}:.. , ~:::,~ 1 . N N N N
;iiii & .- .- po .- c
,:..,/1 Ji
" =i;l~t
..;.ia:,. ~~ ~ - ~i ~
c a IJ
l!~,' -B~ ~ i5~ CI ) ID l N N 0 "It
8::~ ~@ I'f .. .. ... N I'f
~."a - ~
"
:t:,':f t :{::.~~.::;
i ! t ! ! :{~i~$
t; j ! .. 0 ~ "1<:-;~
ID 0 ~ 8 " ID 0 i"
M ID (J "It C) is
" .,'; tI .. .. I'f N .. M
..-,i'.~ .. . .. .. 0 ..
.. ....- .. .......
::::::::::1 f I g ~ ~ :x 1st
1 31 " 0 l.t r--
J] .c ... ... ID ~wtl
~ ... e It! So
'i c.o i i = 0 #. .~,~'
~ " 8
~ . ~ - ~ "It H It! "It ID ~Wl
C!' ~ 0 . - # ! Itt en ' .4[f
0 ."......' .
. ~ >Ni,
!:::! ;1. S c .- r-- ~'1:."".;~ .
""~ . !:::! l ... N ~'0/.>
.. .JI .. fft4
......... ..
..... " i li: i ~~ ~t:;~~
It ~ as "It ~~ "It aD .. N as ~ .. III o~\~~
M r-- <(0 CSI g ~ .... M ! 121 r-.
CSI ,... ~ ID < .e "t &'''' ,
g 'i ~ ~ cD ai ~ rD ,... ii ...
.- 0 l m ;f ID .. lD III In i,~0
CD ... I'f 0 0 II: N ~ fti .. 0
.. .. .. ~ .. .- ... .. .. ... CD .- ..
.. .. .. ... .. . .. .. .. ... ;~.n:;:~;..
.:~;~.:::~;,.:;
.. 8 ~..;'~:.~.:-:"
.. " 11 !5 ~ :~l~1~
" , l ~ . ! r
1 ~ 8 l I l ~ t ~ 'E ~ ~ i,l
o~ ~ " g I ~ ~ .
... 0 3 ..
i ! B '" i . ~ '" ;'8
... . .. 'I. f N I ai' ~ iii
" " ~ ~ :l: !~ ~ .; .. ~ . . ,.: N 0 ..
..: ~ OJ . .. oM "C r-- ~ "It "" M
" !:i e ~ ~ III ~ e e '" ::. '...
" " ." c.o I- c.o 1.:) 0 ::. :: I- ,-
,.- "
c'
:..l,o "~'"i.? . ':: " t, ~ ~>. .
, ,
'., :--. ;~. r.I'I'~'~"'}. r. ~t.
t1f'-
ro ~.
('()..........
.~
~
. -
. .....
(;U ,
~ '
z
o
10
a:
~
:::E
o
u
~'
i
ii:
,s
cC
en
m
"
cC
~
~
r:
u
~
li'
o
~
~.
Ul
I ,
" .
','
h.....~.......... T-,:'...... ',' ~.., ~ .'~ .\., ,',' ~ . i.
, ' '
I'
.
", 1111
., 6 ... lh~
~.:::! 8 l H:-
"'" n J ~ .t ~
fa j
:t:i ..
cI., ~ l
d....P
j{1 i 1
.:::,::~~ (Ill
.":., .0:
:...:.....:
".':.'.'.:.
. ,"
f;~ !
,"'JI '5
;lO.c.. ~
.':':':. ~
uL'," CO)
...H.d
.......:..:
. ~ , .
:\:~:t::
f~lli
~ii)
] .Iii 1S 11
\:.1.a~
R.~ ri
Q)~CI"
..
~ ~ 'i~ 11;
'Ot ... .
O. CI
:;+s:S
~:,':I ~
,','.:'j!
., n, @- @- f
f":}! ~ ~ ;
': Ii. . r-- .11
..JI"l& ".. "":. 'g of
Q :Ji ~ .. :; .'l i5.
:':':':',:'::> ~ + i
:c':,'c'..:> ~ .~
:'::.',M
,,':'.
a:~ 0
}::{! ...
~f:J N II) ~
1::1 ... CO) ~
~.:'Q <
","8
,,)i 0
~,. z
"f
< ......
........
lit ~ ~
lrj CD ...
lr~ & 8
,I::J Q) ~
':':::,::-::c:5 ~ :;
g'" 8
· Ii 'l'i
~~'i!j
>.= l'~
i m
5 !
5 5
_.:J
r, c", c ' .
~.\~ ...",.----.-----
. ,
I'
, '
" '
:;f~ ,:,..-.-:..< + :"~ .." '~.: ':: :: ...._~t~~.~\~~Jlf~t~ ~~ :'~;~~,~. ~,,~ 'r .~. :"'~' ..~,' ~..\. ~::~~r~ :~t ,: ~'":!t ~ '. ~. ~ .:,", ~~ '., , . ' '. .' ';' .'
, '
,;;>
Peliminary Agenda
(Worksession)
, '
:"':'.... '
>.,.'!' .'
"
,....
, i
". I
.~. .' ; " .
I: .
.;'", '
, . '
>". .
jL!O I
5" ..
"
, '
;
, '
',', -
i
\
!
i'
~ I . <
>. .,
; ~.:.' :, '. . .
: . < .
." ..
.~t .
r,' "
:}~\ I .:
:;~ <: ..
,'.
.' ,
,~" '
<'. . ,
/,:""
".~" .' L'
I' ~ .
",'l
~h...LI.b..~~
..
.
r ~ f ,
" .', '.. ....,". ~
"
. ,\'. ~ '/". .
. . - .
.. ,,'.
~. ,\'..
. "
PRELIMINARY AGENDA
Clearwater City Commission Worksession - 9:00 A.M. ~ Monday, November 17, 1997
I. Service Awards
11. Convene as eRA
1tI. Reconvene Worksession
PRESENTATIONS
1. Keene Road Update - Pinellas County
PUR PURCHASING
Voyager Fleet Systems Inc., extension, vehicle fuel, 12/1/97-12/1/98, est. $360,000 IGS)
Interprint Web and Sheet Fed, publication of The Clearwater Magazine, $105,600 11M)
au BUDGET
1. Approve reappropriation of $102,130 of General Fund operating savings in the Fiscal Year 1996-
97 budget to fund specified projects in the current fiscal year
FN FINANCE
1. Additional Services request by Post, Buckley, Schuh & Jernigan to update & complete Utility
Rate Study, $22,174 (Consent)
2. First Reading Ord. #6217-97 - Submitting to the City Electors a proposed amendment to the
General Employees Pension Plan; amending Div. 3, Sec. 2.399, establishment and operation of
Pension Fund, Subsection c , Powers and Duties of Trustees, relating to investments; providing
for a referendum election
PO POLICE
1 . Contract for educational services, Pinellas County School System 1 Clearwater Adult Education
Center" est. $92,060 (Consent)
PR PARKS AND RECREATION
1. RatifylConfirm C.D.#1 (close-outl for Clearwater Beach Recreation Center floor repairs, JSS
Property Professionals, Inc., for $12,718.60, for total cost $37,606.60 (Consent)
PW PUBLIC WORKS ADMINISTRATION
1. Work Order, Post, Buckley, Schuh & Jernigan, development of Pretreatment Ordinance for the
City & its implementation, $90,260 (Consent)
2. Lease Agreement. city owned property known as Clearwater Airpark, 1000 N. Hercules Ave., to
Clearwater Aircraft. Inc., operate & provide aviation services, five year with 2 consecutive five
year renewal options subject to Commission approval prior to expiration of each term (Consent)
11/17/97
1
j)
.'
,
SW SOLID WASTE
1. First Reading Ord. #6215-97 - Relating to schedule for Solid Waste Collection Rates; amending
Appendix A, Art. XXV Public Works Fees, Rates and Charges; Sec. (3)(c) Solid Waste Collection
Rates
CP CENTRAL PERMITTING
1. Public Hearing & First Reading Ords. #6210-97 &. #6213.97 - Annexation & CG Zoning for
property located at 2131 NE Coachman Rd., Mosell Acres Sub., part of Lot 2 (Frederick &
Camille Hosley, Harvey & Dana Kerstein, A97-12)
CM ADMINISTRATION
1. Contract for tenant build out at Harborview Center (Pickles Plus Too), Macre Construction, Inc.,
$158,400; and approve C.O.#1 which reduces the total contract to $109,898
2. First Amendment to Lease with Pickles Plus Too, Inc. (Consent)
3. Saturday in the City - in-kind contribution
4. Approve funding criteria for award of sponsorships and charitable contributions and establish
funding for same in the amount $50,000 (Consent)
CA LEGAL DEPARTMENT
Second Reading Ordinances
1. Ord. #6172-97 - land Use Plan Amendment to Recreation/Open Space for upland area and
Preservation for wetland area 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)
2. Ord. #6173-97 - aSIR & 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, Z97-08)
3. Ord. #6207-97 - referendum ordinance re proposed lease to Head Start Child Development and
Family Services, Inc.
4. 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
5. 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
6. Ord. #6212.97 - Relating to Environmental Advisory Board, amending Sec. 2.161 relating to
officers; amending number of members necessary to constitute quorum
First Reading Ordinances
1. (Cant. from 11/6/97) 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
11117/97
2
__,... ....J.~J.'..n~~ \...~. . '. .~. .'. _~.........~
~+.. '.>~. .~''i--''.'.'''''~'''~'(I_I-.........--..... ..."..........L~.....1it ._'.
.----;-. "
rf : ,< .
,..;:
"
. : r
.
" ,
. '
~:<.; ~:,,;."}Y.~!')~:!::'~:'::'!:~:!~<'g,~;:~:)i,~>~~'~':i\t~:r,;~:,) ';';'::;::':';1 : X'I' ';'- ;" ,L".,..,,:;,C ,,'
. t:. c",. ". ~ ~. "". ., .
, "
, '
Resolutions
1. Res. #97-64 - Relating to the Money Purchase Pension Plan; authorizing execution of the
declaration of trust of the ICMA Retirement Trust; authorizing the City to serve as trustee under
the plan and to invest funds in the ICMA Retirement Trust; designating a certain official as
coordinator for the Money Purchase Pension Plan; authorizing execution of adminstrative
agreements by the City Manager '
OTHER CITY 'A TIORNEY ITEMS
City Manager Verbal Reports
Other.Commission Action
1. City Attorney compensation
, ;
. Adjourn
. .
" .1
'. .'! :".1 .,
,',
,'.':
';-, .
, ,~
~. '
..','.
:.:.I;'!
, '
~:r ,
;;.'J:.
..' .",
l'
11/17/97
3
-~~;;.tll~'-~' . -"-7'-'-~"__-' ""......~.J...Uol\fiIW.\lt.liii~t;lm:r~'~\M~u~~t' ::"fi'~'J':':';:':;','~,'1'\....ioh,lNt';tl'<~\JI .,'.1 :;.,; I, : :.',1" ',,~i'~''';,;:,i.:r~ it ;J,!:~;'.i};'~;J'''',.,wl:;.(
...~~., . '. . . . :...,_.____,,_~.'. ""!" ~". .' . ----L . . ~ . ~
I'
"
.' .', ".
~ , I' ' . .
..;,: :,
. . '.
" j ::. : .:,<:?,~;,';~.~:f:;~!':~'(,:~}~,;\'~ \::( ::;";. >:i:,; ',);'; ,:;., ,
';1 >.t
. ,
-.
'CM3
S'-e.e... :# d.~"'l'" \ \, ~CI. 97
~(~l~arwater
_ ~.F~>: ,) .':.~.( ....yo
u
Interoffice Correspondence Sheet
To:
Cyndie Goudeau, City Clerk
From:
Date:
Ream Wilson, Parks & RecreaHon Director
November 10, 1997
RE:
Information for City Commission/Saturday In The City
On Friday, November 7th.. you asked that I provide information regarding the needs of "Saturday In
The City" (Farmers Market) to determine which could be satisfied by City in-kind services. My
understanding is that the remainder would be satisfied by a cash contribution from the CRA. In
response, the needs of "Saturday In The City" (Farmer's Markel) are itemized in the following list.
Cash Required
Provided by
City Inkind
Advertising
Posters and flyers
Advertising
Postage
Anniversary Celebration
Promo Supplies '
Entertainment
Portable Restrooms
Tent, Equipment & Rental
Trash Removal
Legal Fees & Accounting
Sound System as needed
Coffee Program
Vendor Appreciation
Miscellaneous
$ 450
3,000
50
150
200
1,900
$
544
425
931
140
233
200
,100
500
TOT AL.........+.,."......,.....~
$ 7,l1S
Income from Vendors, etc.
$ 2.500
Remaining Cash Needed
$ 4.615
, Based on the 'above information, the city will be contributing $1,708 worth of lnkind services
towards" farmer's Market" leaving a need for a cash contribution for $4,615. Please contact me if
you have any questions.
RW/lmd
!. .
Polrks\Laura\lvlemos\CGoudi!olu.SalUrday In Thl! Park -Farmers Mkt.RW..doc