07/18/1996
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7-18-96
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City Commission
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Meeting
7-18-96
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no~e: 7-15-96 Preliminary (Worksession) Agenda and paperwork
that was' itl package initially but then not continued onto
Thursday's agenda is at the back of this agenda pack.
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ACTION AGENDA - CLEARWATER CITY COMMISSION MEETING
Thursday, July 18, 1996 - 6:00 P.M. - Chambers
1 . Invocation
2. Pledge of Allegiance
3. Service Awards
4. Introductions and Awards
5. Presentations '
6. Approval of Minutes - Regular Meeting
6/20/96 & Special Meetings 6/18/96
(strategic planning) & 6/20/96
(attorney/client)
1. A moment of silence was observed.
2. Mayor.
3. 6 awards presented.
4. Proclamation:
Parks & Recreation Month - 7/96
5. Clearwater Pass Bridge Commemorative
Plaque presentod.
6. Approved as submitted.
7. Citizens to be heard ra items not on the Agenda
Margaret Hyde requested City co-sponsor and support Women's Equality Day & Rally. She stated it is
not a political event.
Dan Moran praised the lights on Clearwater Pass Bridge.
PUBLIC HEARINGS
8. Public Hearing - Approve City's 1996-97 8. Approved.
Consolidated Plan and Subgrantee Con~ract
Form (ED)
9. Not Public Hearing - Approve 9. Approved.
recommendations by the Technical Review
Committee for allocation of city social
services funds in the amount of $62,000,
and approve proposed contract form for the
funding contracts related to Fiscal Year
1 996-97 City of Clearwater Social Services
Grants (HM)
10. Public Hearing - Development Agreement 10. Approved. Res. #96-45 adopted.
with James A. and Hazel E. Vogel, for
property located on E side of landmark Dr.,
approx. 650' S of Enterprise Rd., Sec. 33-29-
16, M&B 22.011, to authorize development
of up to 34 Single Family Residential Units
for a gross density of 5 units per gross acre
and up to 14,160 sq.ft. of Office Floor Area
(Maximum 0.3 Floor Area Ratio); no structure
shall exceed 30' in height; and Res. #96-45 -
approving the development agreement with
James A. and Hazel E. Vogel (A96-21)
7,',18/96 1
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11. Public Hearing - Res. #96-48 - to modify the
community redevelopment plan for
downtown to allow financial participation by
the CRA in the construction of a Wlnn-Dixie
grocery store and associated retail facilities
at the northeast corner of Cleveland Street &
Myrtle Avenue
12. Public Hearing & First Reading Ord #6028-96
- LDCA amending Sec. 45.23 to exclude city-
owned property from eligibility for minor
variance consideration and to exclude any
property from eligibility for minor variance
consideration where variances are granted in
excess of specified limits; to allow minor
variances for freestanding sign setback up to
5' (LDCA 96-10)
13. (Cont. from 6/6 & 6/20/96) Public Hearing &
First Reading: Ord. #5962-96 - LDCA
amending Div. 26 of Ch. 40, to provide for
revised development standards in the Urban
Center District & Ord. #5964-96 - Zoning
Amendments for Downtown Urban Core
districts (LDCA95-20, Z96-01)
14. Public Hearing & First Reading Ord. #6055-
. 96 - CI Zoning for property located on
Fairburn Ave., Engman St. & Betty Lane,
Fairburn Add, Blk A, Lots 1 & 2, Blk B, Lots
1-4, Blk C, Lots 5 & 6, Pine Brook Unit 2, Blk
E, Lots 13-16, Pine Ridge, Blk C, Lot 10, Blk
D, Lots 8-13, Blk E, Lots 8 & 9, Stevenson's
Heights, Blk A, Lot 27 (Everybody's
Tabernacle, Inc. I Calvin & Evelyn Doyle /
Sergeant Allen Moore Community
Partnership, Inc. I M&H Co. / Henry & Anne
Meister I Nicholas Koulouvaris, TRE / Behnam
Gholampoar I Bruce Mesagno / Thomas &
Elizabeth Floyd / Baker & Williamson
Enterprise / Alice Blunt / Dorothy Dilliard
Estate / Homeless Emergency Project / City,
Z96-06)
15. Variance(s) to Sign Regulations for property
(Easy Pick Convenience Store) located at
2320 Sunset Point Rd., Sunset Point Estates,
Blk B, Lot 1 8 and part of Lot 17 (Cheaib,
SV96-11 )
7/18/96
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11. Approved. Res. #96-48 adopted.
12. Approved. Ord. #6028-96 passed 1 st
reading.
13. Continued to 8/1/96.
14. Approved. Ord. #6055-96 passed 1 st
reading.
15. Denied requests for 1 freestanding sign to
permit 2 such signs, and 233 sq.ft. to allow
297 sq. ft. of freestanding sign area.
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Public Hearing ~ Second Reading Ordinances
16. Ord. #6044~96 - lDCA defining "public 16. Ord. #6044~96 adopted.
safety facility". identifying zones where
public safety facilities may be allowed,
providing standards for approval (lDCA 96-
11 )
17. Ord. #6045~96 - Amending Sees. 40.103, 17. Ord. #6045-96 adopted.
40.324, 40.365, 40.384, 40.404 & 41.053,
to allow bed and breakfast inns as a
conditional use in the RM-10 District. CN
District, Beach Commerical District, and CR-
24 & CR-28 Districts (LDCA 96-09)
1 a. Ord. #6050-96 - Vacating North 10' of 1 B. Ord. #6050-96 adopted.
existing 30' drainage & utility easement lying
South of & adjacent to lot 13, Blk 6, Revised
Plat of Brookwood Terrace Sub., less East 5'
. (St. Vincent DePaul, V96-08)
19. Ord. #6051-96 - Annexation for property 19. Ord. #6051-96 adopted.
located on E side of Landmark Dr.. approx.
650' S of Enterprise Rd., Sec. 33-29-16,
M&B 22~011 (Vogel, A96-21)
20. Ord. #6052-96 - Zoning (OL - Tract A, M&B 20. Ord. #6052-96 adopted.
less S 509' m.o.!.), (RPD5 - Tract B, M&B
less N 160' m.o.I.) for property located on E
side of landmark Dr., approx. 650' S of
Enterprise Rd., Sec. 33~29-16, M&B 22.011
(Vogel. A96-21)
21. Ord. #6053-96 - Vacating portion of utility 21. Ord. #6053-96 adopted.
easement lying on Lots 3, 4, & 13, Pinellas
Groves, SW ~ Sec. 1-29-15 (City, V96-06)
22. Ord. #6054-96 - reducing the easement 22. Ord. #6054-96 adopted.
granted by City of Clearwater Ordinance 11 6
to the successor of the Tampa & Gulf Coast
Railroad, CSX Transportation Incorporated
23. Ord. #6056-96 - Amending the Operating 23. Ord. #6056-96 adopted.
Budget for Fiscal Year ending 9/30/96
24. Ord. #6057-96 - Amending the CIP Report 24. Ord. #6057-96 adopted.
and Budget for Fiscal Year ending 9/30/96
25..0rd. #6058-96 ~ Relating to registration of 25. Ord. #6058-96 adopted.
lobbyists. Amending Sec. 2.700 to revise
definitions of boards and lobbying; Amending
Sec. 2.701 to add two-day grace period to
registration requirements
7/18/96 3
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26. Ord. #6061-96 - Deleting Subsection (3) of 26. Ord. #6061-96 adopted.
Sec. 22.83 relating to special events to allow
special events on holiday weekends on city
beaches
CITY MANAGER REPORTS
CONSENT AGENDA (Items #27-54) - Approved as submitted.
The following items require no formal public hearing and are subject to being approved in a single
motion. However, any City Commissioner or the City Manager may remove an item from the Consent
Agenda to allow discussion and voting on the item individually.
27. Purchase a rescue unit for Fire Dept., from Saulsbury Fire Equipment, Inc., Tully, NY, for
$334,965 (FD)
28. Reappoint Myron Ahrens & Rick Stucker as Trustees of The Clearwater Firefighters Supplemental
Trust Fund (FD)
29. Request for authority to pay Charles Kimball, Claimant, Workers' Compensation Benefits for wage
loss from 7/14/89-3/24/96, for $139,000 (FN)
30. Request for authority to pay Michael Szuba, Claimant, $61,250 as full, final, and complete
settlement of all indemnity and medical benefits and attorney fees arising out of pending workers'
compensation claim, and release the City from any and all future workers' compensation
obligations to Claimant (FN)
31. Ratify payment of $153,985 from the Central Insurance Fund made 11/15/95 to cover 2 checks
written by Gallagher Bassett Services, Inc., on the City bank account it maintains for payment of
workers' compensation claims, for payment of benefits to Claimant, Judi Acker, after an adverse
decision of the First District Court of Appeals was upheld by the Florida Supreme Court, and
approve payment of $65,000 in settlement of the claim by Claimant's attorney for an attorney fee
for representing the Claimant (FN)
32. legal Service Agreements with: Akerman, Senterfitt & Edison, Orlando, FL (environmental);
Miller, Balis & O'Neil, Washington, D.C. (federal regulatory); William J. Peebles, P.A., Tallahassee,
FL (Florida regulatory); and Figurski & Harrill, New Port Richey, FL (Pascal, providing specialized
counsel to the Clearwater Gas System, approve increased funding of $10,000, and provide for
City Manager approval to extend subsequent annual year contracts with these firms (GAS)
33. Purchase underground propane tanks from American Welding and Tank, Camp Hill, PA, for an est.
$43,416 (GAS)
34. Interlocal Agreement with Hillsborough County Sheriff's Office to provide radio transmission back-
up support in the event either party loses its capabilities due to natural disaster (GS)
35. Contract for design & installation of a motor vehicle fumes exhaust extraction system in the Fleet
Maintenance garage to Tack and Warren Service, Clearwater, FL, for $59,819 (GS)
36. RRtify & Confirm emergency purchase of audio & related equipment from Encore Broadcast
Equipment Sales at a cost of $3,511 to be used in the MSB television studio (1M)
37. Contract to Pinellas County Sheriff to provide latent fingerprint examination & related services, as
well as crime scene services, including evidence & property storage, to the Police Dept., for the
period 1/1/97-12/31/97, for $343,855.50 (PO)
7/18/96
4
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38. Lease Agreement with Bohunt, Lessor, for premises located at 1463 S. Greenwood Ave., Space
B, Clearwater, FL, for the period 711/96-6/30/97, at rental of $3,000 payable to Lessor, which is
maximum sum due for all services to be rendered during term of lease (re South Clearwater Police
Mini-Station) (PO)
39. (Cont. at 6/20/96) Contract for holiday decorating services to Clark Sales Display, Inc., for the
period 12/1196-1/15/2001, for $70,200 (PR)
40. Contract through Purchase Order for removal of Brazman Pepper at Cooper's Point to Stan Cisilski,
Inc., St. Petersburg, FL, tor $66,700 (EN)
41. Implement Phase I ot Utility Rate Study with Engineer of Record, Post, Buckley, Schuh & Jernigan,
tor $97,526 (EN)
42. License Agreement for vehicular parking over a 1 5x90' portion of city-owned real property, Sec.
16-29-16, M&B 22.32 to William E. & Marilyn M. Rowe, as consideration & in exchange for their
conveyance by Special Warranty Deed at a 20x75' portion of real property, Sec. 16-29-16, M&B
22.27, with est. documentary & recording fees of $45 ~EN)
43. Non-Exclusive License Agreement for vehicular parking of indeterminate duration with The
Kimberly Home, Inc., Bassadena Sub., Blk D, Lots 1-3, in consideration of maintaining the property
& complying with all covenants & conditions therein, subject to termination upon notice at any
time, with est. expenses of $350 (EN)
44. Contract renewal for sludge hauling & disposal for the WPC Division, with Davis Water & Waste
Industries, Inc., for the period 8/1/96-7/31/97, for an est. $306,699 (EN)
45. Contract for Magnolia Drive Dock Replacement to Seaway Marine Contractors, Inc., St.
Petersburg, FL, tor $119,830.62 (EN)
46. Contract for City Wide Fueling System located at the Solid Waste Complex to Nichols Industries,
tnc., Niceville, FL, for $144,150 (EN)
47. Interlocal Agreement with largo & St. Petersburg to provide back-up solid waste support with
manpower & equipment as needed effective 10/1/96; authorize City Manager to extend the
agreement annually as appropriate (SW)
48. Extend contract for purchase ot approx. 1,600 - 90 gallon refuse containers & misc. spare parts
from Rotonics Manufacturing, Inc., Bartow, FL, at an est. $111,700 (SW)
49. Receipt/Referral - ordinance for amendment to Clearwater Comprehensive Plan related to Public
Education Facility Siting Act (CP)
50. Utility Maintenance Easement - N & W side of Frontier Elementary School (Pinellas County School
Board) (CA)
51. Water Main Easement - Sever Park, Lot 4 (South Gate Mobile Home Park) (CAl
52. Sanitary Sewer Easement - Oak Heights Park, Lot 1 2 (Smith) (CA)
53. Letter of Understanding with FDOT re Project Development and Environment Study re SR60
Memorial Causewe'; Oridge (CA)
54. Chamber's request to approve road closures for the Morton Plant Hospital Bays ide Bridge Boogie
to be held on 10/12/96, 4 a.m. to 12 p.m. (access roads & Bayside Bridge, from Drew St. to
Roosevelt Blvd.)
OTHER ITEMS ON CITY MANAGER REPORT
55. Res. #96-49 - naming city property located at 55. Res. #96-49 adopted.
801 Bayshore Blvd. as "Cooper's Bayou
Park" as recommended by the Parks &
Rec(eation Board (PR)
7/18/96 5
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a) Set Dedication Date
56. (Cant. at 6/20/96) Recommend deny request
from Clearwater Bombers for continuation of
grant program whereby the City would
contrIbute $1 to the Bombers for every $10
In cash or in specific in-kind services the
Bombers receive as donations from the
private sector up to a maximum City
contribution of $10,000 during FY 1995/96
(PR)
57. Contract for landmark Drive Extension to
MTM Contractors, Inc., St. Petersburg, FL,
for $1,056, 1 30.80 (EN)
58. Memo~ial Causeway Bridge Design Phase -
commit the City to budget a maximum of $3
million for design of new bridge to replace
existing Mca at Clearwater Harbor, and
authorize staff to negotiate with FDOT and to
prepare a draft agreement which will allow
FDOT to reimburse the City for funds
expended for design & construction of new
bridge pursuant to House Bill No. 539, and
authorize City Engineer to begin negotiations
. with HDR Engineering, Inc. to supplement
existing professional services agreement with
HDR dated 10/21/94 (EN)
59. First Reading Ord. #6059w96 w abolishing
permitting of private hauling companies to
provide roll-off service in Clearwater;
establishing Clearwater Solid Waste
Department as roll-off service provider'
effective 10/1/96; amending schedule of
fees, rates & charges to provide Sec. XXIX
for Solid Waste Dept. rates; establishing
rates for roll-off service in Clearwater (SW)
60. Contract for Stevenson's Creek Channel
Improvements. Phase II to Kamminga &
. Roodvoets, Inc., Tampa, FL, for $3,780,610
(EN)
61. Professional $ervices Agreement with Camp
Dresser & McKee, Inc., for review of Shop
Drawing Submittals for Stevenson's Creek
Channel Improvement Contract, for $35,000
, (EN)
7/1 B/96
T' -
a) Date will be set later.
56. Denied request.
57. Approved.
58. Approved.
59. Continued to 8/1/96.
60. Approved.
61 . Approved.
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62. Authorize continuing Consultant Services
Work Order to Post, Buckley, Schuh &
Jernigan, Inc., for Construction Contract
Management of Stevenson's Creek Channel
Improvement Contract, for $327,003 (EN)
63. Approve amendments to Sec. 21.11 of Code
related to disorderly conduct and loitering;
First Reading Ord. #6060-96 - Repealing Sec.
21 .11 (e), to prohibit the obstruction of public
places (PD)
64. Penny for Pinellas Project List
65. Res. #96-50 - delegating authority to the City
Manager for approval of grant applications
{CM}
66. Community Relations Board - 1 appointment
(CLK)
67. Marine Advisorv Board - 2 appointments
(C,LK)
68. Parks and Recreation Board - 1 appointment
(CLK)
69. Other Pending Matters
62. Authorized.
63. Approved. Ord. #6060-96 passed 1 st
reading.
64. Approved.
65. Approved. Res. #96-50 adopted.
66. Appointed Thomas Fry.
67. Appointed David Smith. Reappointed Donald
McFarland.
68. Reappointed Donald Harris.
69. None.
CITY ATTORNEY REPORTS
70. Resolutions
a) Continued to 8/1/96.
70. Resolutions
a) Res. #96-47 - Abatement Lien - 630 Drew
St., Jones' Sub. of Nicholson's, Blk 7,
Lots 1-3 and part of vacant alley
(Schoeller / Daniel)
71. Other City Attorney Items
71. None.
72. City Manager Verbal Reports
City Manager requested Commission let staff know if interested in attending National League of
Cities conference in San Antonio, Texas. Directed reservations for three be made.
73. Other Commission Action
Hooper commended Kathy Rice for receiving pUblic service leadership award.
He requested staff proceed posthaste with plans for beach streetscape.
He requested the famil,ies of the victims of TWA flight 800 crash be remembered in thoughts and
prayers.
Johnson expressed concern no prayer was given at beginning of meeting. Suggested when no
minister present to request a Commission member do so. Mayor expressed concern ra some
members not being comfortable doing so. Commissioner Clark suggested asking who would be
comfortable and stated he is.
.ctar.k thanked Bill Stephan for his service on Chairmanship of Marine Advisory Board.
He stated he reluctantly voted for the Penny for Pinellas Project list and requested Ruth Eckerd
Hall do what it can to make the facility more accessible to more of the community.
74. Adjournment w 9:40 p.m.
7/1 8/96
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CITY OF CLEARWATER
Interdepartmental Correspondenco
TO: Mayor and Commissioners
FROM: Cynthia E. Goudeau, City Cler@
SUBJECT: Follow up from July 15, 1996 Work Session
COPIES: Elizabeth Deptula, City Manager
DATE: JUftC 19-, 1996
3u..~ I~
In response to questions raised at the July 15, 1996, Work Session the following answers
are provided in final agenda order.
Item #8 - Consolidated Plan ~ correct versions of Exhibits C and D are in your packet.
Also the contract form is attached.
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Item #9 - Social Services Grants - Mmehed is ft memorandum regarding the agencies
recommended for funding from both the Community Development Block Grant and Social Service
Grant programs. A letter from Tampa Bay Harvest regarding the loaned executive program is also
attached.
Item #15 -- Sign Variance, Easy Pick - A copy of the lease for the billboard is at the back
of the agenda item.
Item #37 -- Contract with Sheriffs Department -- a change in the contract date to coincide
with either our fiscal year or the Sheriffs will be pursued when this contract is renewed next year.
Item #38 - Lease - South Clearwater Police Mini~Station - Costs associated with this lease
are: $20 to 30 estimated per month for electricity, water and sewage are included in the lease, no
grounds maintenance and phone service will depend on the number of lines found to be necessary.
Item #57 - Landmark Drive Extension - the final drawing will be available Thursday night. .
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7/15/96 Work Session Follow-up
Page 2
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, " Item #58 - Memorial Causeway Bridge M Attsehed -18 8' very preliminary estimate of costs
that will need to be included in this project. The impact of the closure of Dunedin Pass on the
openings of the draw bridge is being researched. . . \
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Item #59 - Solid Waste Roll-off Service - Attached i!Hl memorandum from Mr. Brumback
responding to several questions he received regarding the roll-off service.
w~ ',-k"""
Item #60 - Stevenson's Creek Channel Improvements - attached is a-memorandum detailing
the total cost of the Phase II project.
Item #64 - Penny for Pinellas Projects - a revised agenda item to reflect the changes
directed at Monday's work session is included in your packet.
Miscellaneous (not on this or an upcoming agenda):
Women's Equality Day - Ream Wilson has provided a Special Events application to this
group. The completed fonn has not been returned. Based on his conversations with Ms. Hyde,
Mr. Wilson does not expect this activity to require city services or co-sponsorship. He will notify
them of the Commission's direction that the interior of City Hall is not to be used.
Town Lake Study - the executive summary for this report was sent to the Commission
approximately 4 weeks ago. It was a 5 to 6 page document. The entire report was recently sent
to you in order for you to have the complete document. This will be discussed at the September
10, 1996 Special Meeting re Down Town projects.
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Jll.. -16-1996 1 ?: 132 FRO>1 CLEARWATER CL TV MGR. OFF. TO
HOOPEP
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CITY OF CLEARWATER
Inbndepartmental Correspondence
DATE:
Mayor and Commissioners
Cyntbla E. ~. CIty Cl~
Marlo Boulevard Balloting
Blizabeth Deptula? City Manager .
Rich Bake? Engi.nccrlng Director
1uly 16?1996
TO:
FROM:
SUBJECT: .
COPIES:
Ninety oftlw 105 ballots sent to the property owners in the Marlo Blvd neighborbood were
rctuJ11ed. Four were declared invalid as they were not received or postm.a.:ria:d by the d~riline.
Eighty-six valid ballots were counted at 3:30 p.m. today by the City Clerk Department. The
tabulation is atta~l1ed. As the votcrtt were asked to rank their choices, a number one ranking got a
full po~ a 2nd place .S and a 3rd place .333. Combining the rankingst Alternate A, no access
to lAndmark (cssenti.al1y the status quo) got the highest score.
This information will be sent to the neighborhood and announced at Thursday night's
meeting.
07/16/96 17:01
TX/RX NO.0911
P.OOl
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L C I T Y OF. C LEA R W ATE R
i' . Interdepartmental Correspondence
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TO:
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FROM:
SUBJECT:
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COPIES:
DATE:
Mayor Garvey
Sally Thomas, Agenda Clerk
Invocation
. Cynthia Goudeau, City Clerk
July 18, 1 996
No minister will be present this evening.
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CLEARWATER CITY
COMMISSION
Agenda Cover Memorandum
Item #:
, Meeting Date: 7/15/96
7/18/96
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.
I!J and that the appropriate officials be authorized to execute same.
BACKGROUND:
5 Years
Eric S. Gandy
Stephen T. Bohling
Teresa N. Phillips
Toni J. Forbes
Terence E. Costello
David N. Jackson
Geraldo J. Cruz
Jeffrey A. Patterson
Thomas A. Stubblefield
Robert C. Quinn
Louis C. Smith, Jr.
Robert S. Sullivan
Delores T. Nichelson
Police
Police
Police
Police
Fire
Fire
Fire
Fire
Fire
Fire
Marine
Parks & Rec.
Library
25 Years
Anthony J. Wilhelmi
George H. Hudson
Solid Waste
Solid Waste
10 Years
Curtis S. Walser
Debora L. Merlina
Public Works
Parks & Rec.
15 Vears
Deborah W. Richter
Albert Longworth
Dennis J. Olmstead
Richard A. Rosa
Human Resources
Parks & Rec.
Public Works
Community Response
Reviewed by: Originating Department: Costs: Commission Action:
Legal HUMAN RESOURCES o Approved
Budget Total o Approved w/Condltlon.
Purcho.lng User Deportment: o Donled
RI.k Mgmt. Curr.nt FI.eal VI.r o Continued to:
IS Funding Source:
ACM o Cllpll.llmpIOVa~nt:
Oth.r Advortllld: 0 Oparatlng:
Dato: 0 Attachments:
Olh.,:
POplr: I
Submitted , o 'Not Rlqulred Appropriation Code
by:
Affectod Partie.:
0 Notlfled o Nono
Cltv Man.UIr [J Not Roqulred
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TO: Mayor Rita Garvey
FROM: Betty J. Blunt, Confidential Clerk Receptionist
COPIES: City Commissioners, Betty Deptula, Cyndie Goudeau
SUBJECT: Presentation at the July 18, 1996 Commission Meeting
DATE: July 18, 1996
The following presentations will be made at the July 18, 1996, City Commission work
session meeting:
S YEARS
Jeffrey Patterson, Fare Department (letter of appreciation, pin with city seal)
Robert Quinn, FlI'e Department (letter of appreciation, pin with city seal)
Louis Smith, Jr. Marine Department (letter of appreciation, pin with city seal)
Delores Nichelson, Library (letter of appreciation, pin with city seal)
~years
,
George Hudson, Solid Waste (letter of appreciation, day off with pay, dinner certificate)
Anthony Wilhebni, Solid Waste Oetter of appreciation, day off with pay, dinner
certificate)
PROCLAMATION
Parks and Recreation Month - Blrgitt Dowd
~ESENTATION
Clearwater Pass Bridge Plaque - Thomas White of David Volkert & Associates will
present the plaque to the Mayor & Commissioners '
~~'"
, "-
We wan~1
YOU,
To Vote
in 1996
.
-e.=-
76 years after women got
the Right to VOTE,
it's Right to CELEBRATE!
You are invited to the Pinellas County
Women's Equality Day
Celebration!
August 24,1996
beginning at 10 am on/he steps ojeleonl/ater City Hall.
Sponsored by
The Florida Women's Consortium
Come and meet influential women of the 90s:
Rita Garvey, Mayor of Clearwater
Sallie Parks, Chair Pinellas Board of County Commissioners
. Dot Ruggles, PineUas County Supervisor of EIecti?ns
Mayme Hodges, 1996 Ms. Clearwater
Leaders of state and local women's organizations
Candidates for county, state and national offices
Other Highlights of Our Celebration ...
· Old-fashioned ice cream social
· Live music
· Voter registration booth
· Historical exhibits
· Antique cars
For more Information. contact: Margaret Hyde 813-797-0568
11lanks to our sponsors:
American Association of University Women, Bay Area Women's Consortium.
Women on the Way, American Association of Retired Persons. Alpha Kappa
. Alpha Sorority, League of Women Voters, Commission on the Status of Women
., with contrlbutJonsfrom
Rita's Italian Ice, Time Warner Communications, Louisa Dy'kslm
and tJle City of Clcanvatcr
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1010 CoUrt::i1.
CllU1IWaler, FL
44 G-3023
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CLEARWATER CITY COMMISSION
En l Agenda Cover Memorandum
8
Item II
Meeting Date
SUBJECT:
ry .1~.crG
City of Clearwater's FY 1996-97 Consolidated Plan
RECOMMENDATIONIMOTION:
Approve the City's 1996-97 Consolidated Plan and Subgrantee Contract Form
ffiJ and that the appropriate officials be authorized to c.xecute same,
SUMMARY:
The goals of Community Planning and Development Programs are to develop viable urban communities, provide decent
housing a suitable living environment, and expand economic opportunities principally for very low to moderate income
persons. The prinwy objective is to extend and strengthen partnerships among all levels of government and the private
sector, including for profit and non profit organizations, in the production and operation of affordable housing.
Under the Consolidated Plan, the City coordinates its approach to providing affordable housing, job creation, helping the
homeless, controlling crime, and neighborhood revitalization. This approach helps neighborhoods by defining their needs
and addressing theses needs through an action plan with specific perfonnance measures,
The Consolidated Plan provides a single comprehensive planning document to the U.S. Department of Housing and Urban
Development. Home Program funds are provided from Pinellas County under a separate Consortium Application. Funds
provided under the State Housing Incentive Partnership Program (SHIP) are made available under another :;eparate State of
Florida Application. The City Commission approved the SHIP Local Housing Assistance Plan at their April 18, 1996
meeting.
R,vlewed bYI
Orlgilatlng Dept.
Cost.:
$2.3B7,447
Connlulan Action
Leual
fil\M~<
~
NA
Ecooomc Development
{Current FYI
Approved
~
U.C1r Dept.
Funding Source:
Approvod
w/conditions
Pu1ch85fnll --1:jf.
Capt. 1Ill>,
Denied
Risk Mgmt.
NA
Advwnllltld:
Operating
Cont'd to
IS
ACM
ENCl,
NA
,-t(1..--/2<. ~
00111:
Olher CDBG. HOME, llI1d SHIP
Paper:
NA
Not requirlld:
OTHER
NA
t1TI
Affected pmtie5
notified
Allproprialion Codo(sl
Attechmnnts:
Consolidated Plnn
Not Required
Sub{Jranlee Contract Form
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City of Clearwater
Consolidated Plan
, .
October 1, 1996 through September 30, 1997
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Table of Contents
Process Summary .11I...."......11I............11I.................."................""......... page 3
SF 242 ~ Application for Federal Assistance ................... page 4
Actio." Plan ... II..... .... ,.... .11I..". ............ .4_. ... .... ....... .... ................. ... .... page 6
Summary of Direct Federal Funding ............................... page 10
Proposed Projects Tables................................................. page 11
Geographic Distribution of Projects ...............~............... page 21
Certificatio ns .. ......41. ............. It ................ .............. ............. ....11I." . "''''... "". .......... page 26
" A tta.chment:s 11II .11I.. ...... ......... ..... ....... ... .... .... ..... ...... .... ........ ... page 33
A. Consolidated Plan Process Schedule
B. Subgrantee Evaluation Form
C. Subgrantee Applicant Combined Scores
D. Combined Community Development Block Grant (CDBG), HOME and State
Housing Incentive Partnership (SHIP) funds allocation
E. State Housing Incentive Partnership - Housing Delivery Goals
page - 2 -
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. Process Summary
Citizen Participation
. The City of Clearwater held a series of information meetings open to the public to solicit
comments on the perceived needs of this community. We advertised the meeting times
and places in local newspapers and invited several agencies to participate in this process.
We held four meetings during the months of March and April. Each meeting focused on
one topic. The City asked four independent agencies to hold these meetings at sites
across the community. The schedules of these meetings and other events in the
Consolidated Planning process are in Attachment A.
Evaluation Process
Clearwater maintains a two staged evaluation of all subgrantee program requests. Each
application is reviewed by member of a Technical Review Committee (TRC) and the
Neighborhood and Affordable Housing Advisory Board (NAHAB). The TRC membership
consists of local housing, finance, construction, and social service professional who
evaluate each application for technical merit. The NAHAB evaluates each for the
program's ability to meet identified needs within the community, Both groups toured each
applicant's site and could ask questions about the programs. The final score for each
application is a composite of both groups' evaluations. A copy of all applicants scores are
in attachment C.
Funds Allocated
Included in our Consolidated Plan documents is funding from both the HOME program and
the State Housing Incentive Partnership (SHIP) program. These funds are not included
in the Action Plan Tables but are included in Attachment D. The City of Clearwater is only
a subgrantee for HOME funding and does not report these funds in our Action Plan Tables.
HOME dollars are, however, included in the Pinellas County Consolidated Plan. The City
allocated all HOME and SHIP funding to the Clearwater Housing Rehabilitation Loan and
Home Ownership programs. A copy of the SHIP Local Housing Assistance Plan is in
Attachment E.
page - 3-
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OM!! Approval NCI, OUll.00.&3
APPLICATION FOR 2. DATE SUBMITTfD: Applanllo.nllfoer
FEDERAL ASSISTANCE 08/15/96
1. TYPE! OF SUBMISSION: 3. DATE RECEIVED BY STATE SIAl. "'wIClllocn 1den11fl<<
~ PrrI,ppbbotl / /
o CanIltue2lCIrI o CCInsItuctJgn
.. DATE RECEIVED BY FEDERAL AGENCY F~I klenCl....
rn~1I\JCilllC1 o NllnoCcmtrudion / / 59-6000239
.. .......
L.I~ OroaniUbClnal Unit
City of Clearwater, Florida Municipal Government
Adchu (g;.. ei1. lXUlty, st_. ~ zip codrJJ: Nam. and t.1ephone 1Ul1~ DI P<<JOtlICl be conIaded on matler nvotvng
City of Clearwater tin lIPPIlC8OOr1 [give ... Cl'lde)
Alan J. Ferri, Economic Development
P.O. Box 4748 Dire
Clearwater FL 34618-748 (813 ) 462-6882
L EMPLOYER 1Dl!I!f N::Bl'f '~INr 0 I 0 1 0 I 2 1. lYPE OF APPUCAHT: (1!1Ifer I!pptOptIl1/! ~ In boJIJ ~
3191 A. SIAl. H. ~1l1lC0/!pel1danl Schcd OIS\I'Id
B, Ccmlr I. SIAl. CCIf1trOIIed InIltu1lOtl of Hogher L.anW1g
c. MWlicl!* J. Pr!val. Urwvanlty
L TYPE OF APPUCATlON: 0, Township K. Irdoan Trtle
I!I New 0 o Revision E, InII1Rt1te L IndMduaI
CcnnJDtlon F, InIl1muri:ipal M. PrDrll Orplization
G. Special DISlrir:t N. Other (Spedy)
If R.-..iakn anIat ~.Ialtar{.) n box{M]. D 0
A. 1nl:ra_ A.nnt B. 0IIctHs. Award C, lncnIaH Dtnbon O. NAME OF FEDERAL AGENCY:
D, eaa... D\nlion 0Ihar (1pedIy);
U.S. Dept. of Housing & Urban
10. CATALOG OF FEDERAL DOMESllC 114.218 11. DESCRlPllVE 1TTLE OF APPUCANrS PROJECT:
ASSfSTAHCE HUMBER Community Development Block Grant
mu:.: Community Development Block Grant Program
12. AREA AFFECTED BY PROJECT (citIu, axn'iIt.. mIn. eb:.);
Clearwater, pinellas, Florida
u. 1..
S'*t !)ala Ending Data .. AppIan! b. Pn:li<<t
10/01/96 09/30/97 9th 9th
11. 11. IS APPUCAT10H SUBJECT TO R!VIEW BY STATE EXECUTlVE ORDER 12312 PROCESS?
..F~ I 1,405,000.00 .. 'reS THIS PREAPPLICATlON I APPUCATlON WAS MADE AVAILABLE TO niE
STATE EXECUTIVE ORDER 12372 PROCESS FOR REVIEW ON.
b.~ I o ,00 10/01/96
DATE
c. SIata S 0.00
b NO 0 PROGRAM IS NOT COVERED BY E.O, '2372
cI. LoeaI I 0,00
0 OR PROGRAM HAS tlOT aEEN SELECTED BY STATE FOR REVIEW
..Othar S 0,00
f. fnlo"Inllnc:ol'll. S 60,000.00 17. IS TllE APPUCAHT DEUNCUENT ON AllY FEDERAl. DEDT1
o v.. If "V.... a118Ctl1l'l ~ I!l NCI
g, TOT~ I 1,465,000,00
1L TO THE BU1' OF MY KHaNLEOGE AHD Bwer, AU.. DATA IN nas APPUCA TlONIPREAPPUCAllOH ARE TRUE AND CORRECT. TllE DOCUMENT HAS BEEN DULY
AUTllORlZED BY THE GOVERNING BODY OF 1ll1! APPUCANT AND THE APPUCANT WIll COIolPL V WITH WE A TTACH!.D ASSURANCES IF WE ASSISTANCE IS AWARDEll.
.. TrPAd ~ d AuIhc:lnmd ~ I b. TII1a c. T.laphClna runbar
Elizabeth M. Deptula city Manager (813) 462-6882
d. 8~DlAlftlrizad ~ ., 011I. Signed
07/20/96
PrWDut EllI:Ild Ikll UNtlla
Authorized for Local Reproduction
StIndInl FCIfI1l Q4 - (REV 4-8Il)
Pratcnbed by OMI) ewa;. A-1 02
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O. S. Department of Housing and Orban Development
"
Consolidated Plan System
SP424 Supporting Document
In reference to submissions
Applicant Identifiers
State Identifier:
'pederal Identifier:
Contact person:
59-6000239
Alan J. Ferri, Economic Development Dire
(813) 462-6882
.17. If applicant is delinquent on any Foderal debt, attach an explanations
N/A
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ACTION PLAN
Funding Resources
The City of ClealWater has several resources available to meet the priority needs and
objectives identified in the FY 1995 Consolidated Plan. They include funding from
federal government, state government, and the private lending sector.
Funds from the federal government include a direct allocation through the Community
Development Block Grant Program as an Entitlement City and an indirect allocation
of funds through the HOME Program as a member of the Pinellas County Consortium.
For FY 1996-97. the City will be awarded $1.055,000 in COBG funds and $350,063 in
HOME funds. Besides the FY 1996-97 federal government award. the City anticipates
receiving approximately $60,000 in program income and $350,000 in unprogrammed
funds from previous COBG awards.
The City will receive $572,384 in funds from the State of Florida through the State
Housing Incentive Program. Along with governmental funds the City has a funding
commitment of approximately $4 million from the local lenders for the Home Ownership
and Home Buyers Programs.
Funds used to support these programs include the following:
Economic Development....... ............... .........
Program Administration ............... ........ ........
$ 154.350
246.259
430,057
828,895
145,000
6,300
175,000
192.800
301.890
$2.387.447
Public Services....... ......... ....... ............... ......
Public Facilities and Improvements.............
Housing Rehabilitation..... ....... ................ ....
Homeownership. ....... ....................... ........ ....
Rental Housing,..,.. .....,.". ................ ....u.... "uu......,
Fair Housing ...................,.........,.........................
Code Enforcement. ,..."'.., .......... ......... loll........ ..........
Priority Needs
According to the 1990 U.S. Census, there was 16.739 renter occupied housing units
in the City of ClealWater. The median contract rent for these units was $396. Of the
total renters in the City, 10.224 (or 61%) pay more than 30% of their household income
for rent. The 1990 Census reported 3,562 families earning less than $10,000 per year
as renter households. Of these families. 2.922 (or 82%) pay more than 30% of their
income for housing. There are 4,738 families who earn between $10,000 and.$19,999
who rent housing units in the City. Seventy per cent (or 3,310) of these families pay
page -6-
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more than 30% of their income for rent. There are 4,969 families who earn between
$20,000 and $34t999. Nineteen percent (or 910) of these families pay more than 30%
of their income for rent. There are 2.604 families who earn more than $35,000 who
rent housing units. Only 4% (or 104) of families in this category pay more than 30% of
their income for rent.
The priority of needs identified in the FY 1995w96 Consolidated Plan list small, large.
and elderly renter households with a greater than 50% cost burden as a high priority
level. It shows a need for 228 additional housing units. With this allocation, funding will
be made available for a nonprofit organization to acquire a vacant parcel to build six
rental units.
The U.S. Census reported that there is 27,267 owner occupied housing units in the
City. The median housing price for owner occupied housing units is $80AOO. Of the
18,116 specified owner occupied housing units in the City, only 5% were valued at less
than $40,000. With the median family income of $36,400, low to moderate income
families can't afford a median cost home. The median monthly owner cost for families
with a mortgage is $738. The median monthly owner cost for families without a
mortgage is $199. With the median housing price at $80AOO, only a family earning
120% of the area median income could afford a median priced home. The very low
and low income families cantt afford the median valued home.
The very low income families can only purchase a home valued at $41 ,000 and the low
income families can only purchase a home valued at $64,000. This affordability
analysis assumption includes no financing subsidy and no other existing debt and good
credit for the households.
A housing needs assessment conducted by Wasala and Associates projects a need
for 48 homeowner ownership units annually for low to moderate income households.
Their study identify a need for 36 new rental units annually that are affordable to the
very low and low income households.
The priority of needs identifies the cost burden for owner households with cost burdens
greater than 30% and greater than 50% as medium level priority for households below
50% of area median income. It shows a need for 35 additional units in this category.
It also shows a high priority need for households with a cost burden greater than 50%
whose income is between 51-80% of area median. This year's allocation will provide
35 new housing units and rehabilitate 30 existing units for home owners within this
income range. The City will provide down payment assistance to 45 families to
purchase existing housing.
The consolidated plan priority of needs outreach assessment identifies. emergency
shelters, transitional shelters. permanent shelters. supportive housing. and permanent
housing for families, individuals and persons with special needs as high priority items.
This year's action plan addresses this need. More than 1.680 people will be helped
page - 7 -
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with outreach assessment and $100,000 Is provided to build six new units of
transitional housing and $225,000 will be provided to build a new emergency shelter.
All total. these funds will help 3.458 families, individuals, and persons with special
needs.
All other funding for this year's action plan will be used to address the areas listed as
a high priority level. They include fair housing counseling, tenant\landlord counseling,
economic development. and code enforcement.
Other Actions
The City of Clearwater will continue to research, monitor and carrying out programs that
affect the objectives identified in the consolidated plan. To eradicate obstacles to
meeting the under served needs, the City will use this year's funding to examine
impediments to fair housing. Clearwater will continue to work through the City's Central
Permitting Office to lessen incompatible zoning and land use issues. Clearwater will
continue to fund the Community Response Team which provides code related
assistance for tenants and home owners who live in substandard properties. The
Department of Economic Development will continue to work on the items identified in
the State Housing Incentive Program as barriers to affordable housing. They include
the following:
· The expedited processing of permits for affordable housing projects
· The modification of impact fee requirements
· The allowance of increased density levels
· The reservation of infrastructure capacity for housing for very low and low income
persons
· The transfer of development rights as a financing mechanism for housing for very
low income persons
· The reduction of parking and setback requirements
· The allowance of zero lot lines
· The modification of sidewalk and street requirements
· The establishment of a process by which the City considers. before adoption.
procedures and policies that have a significant impact on the cost of housing
· The preparation of a printed inventory of locally owner public lands suitable for
affordable housing.
The City will use the housing element of the Comprehensive Plan to monitor and
measure the program effectiveness in reaching the goals and objectives of this
program.
Fostering and maintaining affordable housing is one of the City's primary goals. In this
year's action plan the City will use SHIP funds to finance impact fees associated with
building new homes. We will continue to review construction standards to reduce costs
page - a -
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without sacrificing the quality of housing units. The City has committed $775,317 of
our total allocation of $2,387.447 to maintain existing housing units through the City's
Rehabilitation Program and the Downpayment Assistance Program.
The City will continue its effort to rid structures of lead based paint. We will continue
to test and remove all lead based paint surfaces in structures rehabilitated under our
programs. Clearwater will use the services of the Pinellas County Environmental
Department to test all structures with defective paint surfaces and the local Health
Department to test children for elevated blood levels.
,
The city will provide funding to support service organizations that reduce impediments
for families to rise above the poverty level. Clearwater provides economic development
opportunities to for-profit businesses who agree to hire lower income individuals.
Other actions undertaken by the City will include developing institutional structures and
. enhanced coordination between public and private housing and social service
agencies. Through the In-fill Housing and down payment programs Clearwater works
closely with the private lending community to leverage private investment in home
ownership. Clearwater works with Community Services Foundation, Partners in Self
Sufficiency, Tampa Bay Community Development Corporation, the Home Buyers Club
and Clearwater Neighborhood Housing Services to provide home ownership
counseling.
The City will continue to work with the local housing authority to foster innovative public
housing developments and resident initiatives. During the upcoming year the City will
use CDBG funds to provide operational support to the Boys and Girls Club and Girls
Incorporated of Pinellas who operate supportive services to children located in the
Condon Gardens Public Housing Complex.
page - 9 -
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U.S. Department of Housing and Urban Development
CPO Consolidated Plan
Funding Sources
Entltlement Grant (includes reallocated funds)
Unprogrammed Prior Year's Income not prevIously reported
Surplus Funds
Return of Grant Funds
1,405,000
o
o
o
6 0 0
Total Funding Sources:
$1.465.000
Estimated Program Income
Description Grantee Subreclplent
1. Clearwater Rehabilitation Loan Program 31,000 23,600
2. Clearwater Economic Development Loan Program 2,500 2,900
3. 0 0
4. 0 0
5. 0 0
6. 0 0
7. 0 0
8, 0 0
9. 0 0
10, 0 0
Total Estimated Program Income $33.500 $26,500
page - 10 -
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CERllFICA liONS
In accordance with the applicable statutes and the regulations governing the Housing and Community
Development Plan regulations, the jurisdiction certifies that:
Citizen Participation Plan - It is following a detailed citizen participation plan which:
1. Provides for and encourages citizen participation, with particular emphasis on participation
by persons of low and moderate income who are residents of slum and blighted areas and
of areas in which funds are proposed to be used, and provides for participation of residents
in low and moderate income neighborhoods as defined by the local jurisdiction;
2. Provides citizens with reasonable and timely access to local meetings, informRtion, and
records relating to the grantee's proposed use of funds, as required by the regulations of the
Secretary, and relating to the actual use of funds under the Act;
3. Provides for technical assistance to groups representative of persons of low and moderate
income that request such assistance in developing proposals with the level and type of
assistance to be determined by the grantee;
. 4. Provides for public hearings to obtain citizen views and to respond to proposals and
questions at all stages of the community development program, including at least the
development of needs, the review of proposed activities, and review of program performance,
which hearings shall be held after adequate notice, at times and locations convenient to
potential or actual beneficiaries, and with accommodation for the handicapped;
5. Provides for a timely written answer to written complaints and grievances, within 15 working
days where practicable; and
6. Identifies how the needs of non-English speaking residents will be met in the case of public
hearings where a significant number of non-English speaking residents can be reasonably
expected to participate;
CItizen Participation - Prior to submission of its housing and community development plan to HUD: the
jurisdiction has:
1. Met the citizen participation requirements of ~91.xxx
2. Prepared its housing and community development plan and annual use of funds in
accordance with ~91.xxx and made its housing and community development plan submission
available to the public.
Affirmatively Further Fair Housing - The jurisdiction will affirmatively further fair housing, prepare an
analysis of impediments and maintain records pertaining to carrying out this certification.
Anti-Discrimination - The grants wl1l be conducted and administered in compliance with title VI of the Civil
Rights Act of 1964 (42 U.S.C. 2000d), the Fair Housing Act (42 U.S.C. 3601-3620), the Age Discrimination
Act of 1975, Executive Orders 11063,11625,12138,12432 and 12892, Section 504 of the Rehabilitation Act
of 1973 (29 U,S.C. 794), the Americans with Disabilities Act (title II) and implementing regulations.
Anti-dlsplacement and Relocation Plan -It will comply with the acquisition and relocation requirements of
the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, as
page - 26 -
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required under ~91.xxx and Federal implementing regulations; and that it has in effect and Is following a
residential antidisplacement and relocation assistance plan required under section 104(d) of the Housing and
Community Development Act of 1974. as amended, and the relocation requirements of ~91,xxx governing
optional relocation assistance under section 105(a)(11) of the Housing and Community Development Act of
1974, as amended;
Drug Free Workplace - It will or will continue to provide a drug-free workplace by:
1. Publishing a statement notifying employees that the unlawful manufacture, distribution,
dispensing. possession, or use of a controlled substance Is prohibited In the grantee's
workplace and specifying the actions that will be taken against employees for violation of
such prohibition;
2. Establishing an ongoing drug-free awareness program to inform employees about - .
. (a) The dangers of drug abuse In the workplace;
(b) The grantee's policy of maintaining a drug-free workplace;
(c) Any available drug counseling, rehabilitation, and employee assistance programs;
and
(d) The penalties that may be imposed upon employees for drug abuse violations
occurring In the workplace;
3. Making it a requirement that each employee to be engaged In the performance of the grant
be given a copy of the statement required by paragraph 1;
4. Notifying the employee In the statement required by paragraph 1 that, as a condition of
employment under the grant, the employee will -
(a) Abide by the terms of the statement; and
(b) Notify the employer in writing of his or her conviction for a violation of a criminal drug
statute occurring in the workplace no later than five calendar days after such
conviction;
5. Notifying the agency in writing, within ten calendar days after receiving notice under
subparagraph 4(b) from an employee or otherwise receiving actual notice of such conviction.
Employers of convicted employees must provide notice, including position title, to every grant
officer or other designee on whose grant activity the convicted employee was working, unless
the Federal agency has designated a central point for the receipt of such notices. Notice
shall Include the identification number(s) of each affected grant;
6. Taking one of the following actions, within 30 calendar days of receiving notice under
subparagraph 4(b), with respect to any employee who Is so convicted-
(a) Taking appropriate personnel action against such an employee, up to and including
termination, consistent with the requirements of the Rehabilitation Act of 1973, as
amended; or
(b) Requiring such employee to participate satisfactorily in a drug abuse assistance or
rehabilitation program approved for such purposes by a Federal, State. or local
health. law enforcement, or other appropriate agency; .
page - 27 -
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7. Making a good faith effort to continue to maintain a drug-free workplace through
Implementation of paragraphs 1, 2, 3, 4, 5 and 6.
8. The grantee may insert in the space provided below the site(s) for the performance of work
done in connection with the specific grant:
Place of Performance (Street address, city, county, state, zip code)
10 South Missouri Avenue
Clearwater, Florida 34618-7478
Check _ if there are workplaces on file that are not identified here;The certification with
regard to the drug-free workplace required by 24 CFR part 24, subpart F.
Anti-Lobbying - To the best of the jurisdiction's knowledge and belief:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any .
person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any Federal contract, the making of any Federal
grant, the making of any Federal loan, the entering into of any cooperative agreement, and
the extension, continuation, renewal, amendment, or modification of any Federal contract
grant, loan, or cooperative agreement;
2. If any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with this Federal contract, grant, loan, or cooperative agreement, it
will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in
accordance with its instructions; and
3. It will require that the language of paragraph (n) of this certification be Included in the award
documents. for all subawards at all tiers (including subcontracts, subgrants, and contracts
under grants, loans, and cooperative agreements) and that all subreciplents shall certify and
disclose accordlngly;The jurisdiction is tn compliance with restrictions on lobbying required
by 24 CFR part 87, together with disclosure forms, if required by that part,
legal Authority - It possesses legal authority under State and local law to make grant submissions and to
execute a community development and housing programs and the jurisdiction's governing body has duly
adopted or passed as an official act a resolution, motion or similar action authorizing the person Identified as
the official representative of the grantee to submit the housing and community development plan and
amendments thereto and all understandings and assurances contained therein, and directing and authorizing
the person identified as the official representative of the grantee to act in connection with the submission of
the housing and community development plan and to provide such additional information as may be required;
AppHcable Laws - The jurisdiction will comply with the other provisions of the Acts covering programs
covered by the HCD plan and with other applicable laws,
Signature
Date
Tille
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Specific CDSG Certifications
The Entitlement Community certifies that:
Use of Funds - It has developed its HCD plan one-year projected use of funds so as to give maximum feasible priority to
activities which benefit low and moderate income families or aid in the prevention or elimination of slums or blight; (the
projected use of funds may also include activities which the grantee certifies are designed to meet other community
development needs having a particular urgency because existing conditions pose a serious and Immediate threat to the health
or welfare of the community, and other financial resources are not available); except that the aggregate use of CDSG funds
received under section 106 of the Housing and Community Development Act of 1974, as amended, and if applicable, under
section 108 of the same Act, during program year(s) 199_, (a period specified by the grantee consisting of one,
two, or three specific consecutive program years), shall principally benefit persons of low and moderate income in a manner
that ensures that not less than 70 percent of such funds are used for activities that benefit such persons during such period;
Community Development Plan - It has developed a community development plan, for the period specified in the paragraph
above, that identifies community development and housing needs and specifies both short and long-term community
development objectives that have been developed in accordance with the primary objective and requirements of the Housing
. and Community Development Act of 1974, as amended;
Special Assessments -It wl11 not attempt to recover any capital casts of public improvements assisted in whole or in part with
funds provided under section 106 of the Housing and Community Development Act of 1974, as amended, or with amounts
resulting from a guarantee under sectlon 108 of the same Act by assessing any amount against properties owned and occupied
by persons of low and moderate income, including any fee charged or assessment made as a condition of obtaining access
to such public improvements, unless:
1. Funds received under section 106 of the Housing and Community Development Act of 1974, as amended,
are used to pay the proportion of such fee or assessment that relates to the capital casts of such public
improvements that are financed from revenue sources other than under Title, I of that Act; or
2. For purposes of assessing any amount against properties owned and occupied by persons of moderate
Income, the grantee certifies to the Secretary that it lacks sufficient funds received under section 106 of the
Housing and Community Development Act of 1974, as amended, to comply with the requirements of
subparagraph (1) above;
Lead-Based Paint - Its notification, inspection, testing and abatement procedures concerning lead-based paint will comply
with 9570.608;
Excessive Force -It has adopted and is enforcing:.
1.
A policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any
individuals engaged In non-violent civil rights demonstrations; and
A policy of enfo~cing applicable State and local laws against physically barring entrance to or exit from a facility
or location which is the subject of such nan-violent civil rights demonstrations within its jurisdiction;
2.
Signature
Date
Title
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OPTIONAL CERTIFICATION
CDBG
Submit the following certification only when one or more of the activities in the final statement are
designed to meet other community development needs having a particular urgency as specified In 24 CFR
570.208(c):
The grantee hereby certifies that the projected use of funds includes one or more specifically
Identified activities which are designed to meet other community development needs having a
particular urgency because existing conditions pose a serious and ImmedIate threat to the health
and welfare of the community and other financial resources are not available to meet such needs.
Signature
Date
. Title
,I
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APPENDIX TO CERTIFICATIONS
INSTRUCTIONS CONCERNING LOBBYING AND DRUG~FREE WORKPLACE REQUIREMENTS:
A. Lobbying Certification
This certification is a material representation of fact upon which reliance was placed when thIs
transaction was made or entered into. SubmIssIon of this certification is a prerequisite for making
or entering into this transaction Imposed by sectIon 1352, title 31, U.S. Code. Any person who falls
to file the required certification shall be subject to a civil penalty of not less than $10,000 and not
more than $100,000 for each such failure.
B. Drug-Free Workolace Certification
1. By signing and/or submitting this application or grant agreement, the grantee is providing
the certification set out in paragraph (0).
2. The certification set out in paragraph (a) is a material representation of fact upon which
reliance is placed when the agency awards the grant. If it is later determined that the
grantee knowingly rendered a false certification, or othelWise violates the requirements of
the Drug-Free Workplace Act, HUD, In addition to any other remedIes available to the
Federal Government, may take action authorized under the Drug-Free Workplace Act.
3. For grantees other than individuals, Alternate I applies. (This Is the Information to which
entitlement grantees certify).
4. For grantees who are individuals, Alternate 11 applies. (Not applicable to COSG
Entitlement grantees.)
5. Workplaces under grants, for grantees other than individuals, need not be identified on
the certification. If known, they may be Identified in the grant application. If the grantee
does not identify the workplaces at the time of application, or upon award, if there is no
application, the grantee must keep the identity of the workplace(s) on file in Its office and
make the information available for Federal inspection. Failure to Identify all known
workplaces constitutes a violation of the grantee's drug-free workplace requirements.
6. Workplace identifications must include the actual address of buildings (or parts of
buildings) or other sites where work under the grant takes place. Categorical descriptions
may be used (e.g., all vehicles of a mass transit authority or State hIghway department
while in operation, State employees in each local unemployment office, performers in
concert halls or radio stations).
7. If the workplace Identified to the agency changes during the performance of the grant, the
grantee shall Inform the agency of the change(s), if it prevIously identified the workplaces
in question (see paragraph five).
8. Definitions of terms in the Nonprocurement Suspension and Debarment common rule and
Drug-Free Workplace common rule apply to this certIfication. Grantees' attention Is
called, In particular, to the following definitions from these rules:
"Controlled substance" means a controlled substance in Schedules I through V of the
Controlled Substances Act (21 U.S.C.812) and as further defined by regulation (21 CFR
1308.11 through 1308.15):
page - 31 -
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"Conviction" means a finding of guilt (Including a plea of nolo contendere) or Imposition of
sentence, or both, by any judicial body charged with the responsibility to determIne
violatlons of the Federal or State crimInal drug statutes;
"Criminal drug statute" means a Federal or non~Federal criminal statute involving the
manufacture, distribution, dispensing, use, or possession of any controlled substance;
"Employeell means the employee of a grantee directly engaged in the performance of
work under a grant, Including: (I) All "direct charge" employees; (li) all "IndIrect charge"
employees unless their Impact or involvement Is insignificant to the performance of the
grant; and (ill) temporary personnel and consultants who are directly engaged in the
performance of work under the grant and who are not on the grantee's payroll. This
definition does not include workers not on the payroll of the grantee (e.g., volunteers,'
even If used to meet a matching requirement; consultants or independent contractors not
on the grantee's payroll; or employees of sub recipients or subcontractors in covered
workplaces). .
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Consolidated Plan Process Schedule FY 1996-97
EVENT
DATE
3/11/96
. 3/20/96
3/26/96
3/28/96
4/2/96
4/4/96
4/19/96
5/3/96
5/21/96
5/28/96
6/4/96
6/14/96
6/15/96
7/16/96
7/18/96
8/15/96
NOFA
Technical Assistance Meetings
Homless Public Hearing
Housing Public Hearing
Economic Development Public Hearing
Special Needs Population Public Hearing ,
Due Date
Site VIsits
Subgrantee Public Presentation
TRC Evaluations
NAHAS Evaluations
Publlsh Consolidated Plan
Public Comment Period BegIns
Public Comment Period Ends
City Commission Presentation
Submission to HUD
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CITY OF CLEARWATER
CONSOLIDATED FUNDING PROGRAMS
SUBRECIPIENT RANKING SYSTEM
Applicant Name:
Address:
Proposed use of
Funds
Amount Requested
$
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I. MANDATORY EVALUATION FACTORS
A. Does the project meet the basic CDBG eligibility for the National Objectives? If yes, identify National
Objective. (Low Moderate Income Benefit, Aid In the Prevention and Elimination of Slum and Blight
or Urgent Need)
[ X] YES ~ Proposal continues through processing.
[ 1 NO
If NO, do not continue the evaluation, fundIng is automatically denied.
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B. Are the goals the agency wishes to accomplish with the CDBG funds consistent with the City's
Affordable Housing Strategy or Comprehensive Plan?
] YES - Proposal continues through processing.
] NO
If NO, do not continue the evaluationt funding Is automatically denied.
C. Is the request for funding considered necessary and appropriate?
] YES - Proposal continues through processing.
] NO '
If NO, do not continue the evaluation, funding is automatically denied.
D. What is the agency's capacity to carry out the functions of the program? Does the agency have
adequate staff to impleme,nt the program within federal mandates?
[ ] YES ~ Proposal continues through processing.
( ] NO.
If NO, do not continue the evaluation, funding is automatically denied.
E. Was the application as submitted complete? Did It provide all the Information asked for In the request
for proposals?
[ ] YES - Proposal continues through processing.
[ ] NO
F. Is the agency a registered 501 (C)(3) Non-Profit Agency or in the process of obtaining one within the
next 6 months?
] YES - Proposal continues through processing.
] NO
G. Has agency received any federal grant awards before and what was the history behind them? Did
they receive any major monitoring findings that would disqualify this present application?
r J NO - Proposal continues through processing.
[ ] YES
H. Are the services to be provided a duplication of services provided by another existing agency?
[ ] NO
[ ] YES
I. Has the agency had a financial audit with any outstanding findings that would disqualify their present
. application?
] NO
] YES
J. Does the agency have a good history of being a service provider to the community?
} YES
] NO
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II. IMPACT ON LOW INCOME PERSONS ~ 30 Points
A) Evaluate the proportion of low to moderate Income households or Individuals of the total
households or Individuals helped by the proposed program.
0% to 69%
70% to 79%
80% to 89%
. 90% to 99%
100%
o pcints
7 points
10 poInts
12 points
15 points
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B) Evaluate the average income of households or Individuals helped by the proposed program
as a percentage of median Income adjusted for household size.
more than 120%
120% to 80%
80% to 50%
below 50%
o points
5 points
10 points
15 points
III. LINKAGE WITH EXISTING HOUSING OR ECONOMIC DEVELOPMENT PROJECT -10 Point
BONUS
1. Does the applicant's program have a contractual agreement wilh an existing housing or economic
development project? (5 points)
2. Does the applicant's program refer and accept referrals from an existIng housing or economic
development project? (5 points)
IV. LEVERAGE OF OTHER FUNDS ~ 10 Points BONUS
Evaluate on the basis of committed funds only. Percentages refer to proportion of Consolidated Plan
funds to the total program budget.
1% to 10%
11% to 30%
31% to 50%
51% to 70%
71% to 99%
100%
10 points
8 points
6 points
4 points
2 points
o points
V.
FAIR HOUSING: (15 points)
, ,
Does th.e proposed program aid in efforts to affirmatively further fair housing?
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Old the applicant fail to meet program goals?
Did the applicant fall financial monitoring?
Did the applicant fail programmatic monitoring?
Did the applicant fail to submit required reports?
(-5 points)
(-2 points)
(~2 point)
(-1 point)
VII. RATING OF AGENCY AS SERVICE PROVIDER - 30 Points
1. Does the information presented demonstrate a documented need for the program? (2 points)
2. Does the application describe the services andfor resources presently In place for resolving the
problem? (2 points)
3. Is the target population well defined? (2 points)
4. Is the need clearly described and does It explain the relationship between the service, the population
to be served and the linkage to the projects Identified as essential for community development? (2
points)
5. Is the facility licensed to provide these servIces? (2 points)
6. Are the services to be provided measurable? (2 points)
7. Are the objectives specific, time-related, realistic and measurable? (2 points)
8. Is there a direct and feasible relationshIp between program services and outcome measures? (2
points)
9. Is professional expertise and experience documented through certification, educational attainment
or past performance? (2 points)
10. Is there a satisfactory record of the agency providing the proposed type of service? (2 points)
11. Does the agency have the financial capability and resources to successfully support the proposed
services? (2 points)
12. Does the agency have the administrative capability to account for the funds received, administer the
proposed program, maintain the necessary records?
(2 points)
"
13. Are there additional committed resources available for this program? (2 points)
14. Did the agency provide any data on its plan for self sufficiency? (2 points)
15. Is the percentage of the total agency's budget for adminIstration below 20%?
(2 points)
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VIII. OBJECTIVES - 25 Points Maximum
1. Does the agency aid in the eliminatIon of slums and blight and the prevention of blighting Influences
and the deterioration of property and neighborhood and community facilities of Importance to the
welfare of the community, principally to persons of low to moderate income? (3 points)
2. Does the agency aid in the elimination of conditions whIch are detrimental to health, safety, and public
welfare, through code enforcement, demolition, interim rehabilitation assistance, and related
activities? (3 points)
3. Does the agency aid in the conservation and expansion of the community's housing stock in order
to provide a decent home and a suitable living environment for aU persons, but principally those of low
and moderate income? (3 points)
4. Does the agency aid in the expansion and improvement of quantity and quality of community services;
principally persons of low and moderate income, which are essential for sound community
development of viable urban communities? (3 points)
5. Does the agency provide for a more rational utilization of land and other natural resources and the
better arrangement of residentlal, commercial, industrial, recreational and their needed activitY
centers? (3 points)
6. Does the agency aid in the reduction of the isolation of income groups within communities and
geographical areas and the promotion of an increase in the diversity and vitality of neighborhoods
through the spatial deconcentration of housing opportunities for persons of lower income and the
revitalization of deteriorating or deteriorated neighborhoods? (3 points)
7. Does the agency aid In the restoration and preservation of properties of special historic, architectural
or aesthetic value? (1 point)
8. Does the agency aid in the alleviation of physical and economic distress through the stimulation of
investment and community revitalization in areas with population out-mlgratlon or a stagnating or
declining tax base? (3 points)
. .
9. Does the agency aid in the conservation of energy resources, improvement of energy efficiency, and
provision of alternative and renewable energy sources of supply? (3 points)
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SCORING SUMMARY
TOTAL POINTS = 100 (MAXIMUM)
I. 10 MANDATORY EVALUATION FACTORS (PASS OR FAIL):
II. BENEFIT TO LOW AND MODERATE PERSONS
(30 POINTS MAX):
III. LINKAGE BONUS (10 POINTS MAX):
IV.' LEVERAGE BONUS (10 POINTS MAX):
.
V. FAIR HOUSING IMPACT (15 POINTS MAX):
VI. PAST PERFORMANCE (10 POINTS DEDUCTION MAX):
VII. SERVICE PROVIDER ANALYSIS (30 POINTS MAX):
VII. NATIONAL OBJECTIVES ANAL YSle (25 POINTS MAX):
OVERALL SCORE (INCLUDING BONUS CAN NOT EXCEED 100)
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ATTACHMENT C
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Agency
Community Response Team
Community Services Foundation
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Combined Scores
Project
Code Enforcement
Fair Housing
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Amount
175,000
6,300
Score
138.75
134.70
Clearwater Neighborhood Housing Services Economic Development 92,800 140.83
City of Clearwater Economic Development 100,000
~Rlr'lell.EiWtWa~Ei~lf~P~jf'9~~OUhcilP~'Y!r.Y.~it?~~Y outh \8Liild~rs~tJk~c:tJi't:s.f1H(l~'1;k!'~I';J;~,!~I,~,~,I.;t. 32 :938.;~~N'f.@~',f"t1 0:60 :,j
Economic Development Subtotal 225,738
Homeless Emergency Project
Clearwater Neighborhood Housing Services
Habitat for Humanity
Clearwater Neighborhood Housing Services
Clearwater Neighborhood Housing Services
Tampa Bay CDC
Community Services Foundation
City of Clearwater
City of Clearwater
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Rental Housing
Housing Rehab
In-Fill Housing
Down Payment Assistance
In-FlII Housing
Home Ownership
Rental Housing
Home Ownership
Housing Rehab
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Housing Programs Subtotal
100,000
232.426
50,000
32,314
489,015
186,000
45,000
71.566
104,627
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1 ,344,948
174.51
160.35
158.28
157.67
156,75
153,53
126.57
Public Facility 225,000 165.84
Public Facility 21,259 144.75
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'.~ /4 fi.ip,ubllc', Facility, <<fit': ;,~' ,~: i~'~ :'. ':1\r~'~I.\El'.)f~' .~~!"161-'9 59Z;.!S", '1',I';{~~0;05~
~~1t.' ~\tl"4B:ri'Jif.tlJ;~!":J<\I'~l".ffi.r..~: },l~h:h,', ;1}fl~'~It::\R;'~' tU1.>\dKw;1,~".1~liI"" !, 'i ,<' ',1:.'~"'r."."':" ~:
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ReS - Spouse Abuse Shelter Oulreach
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Public Facllltlos Subtotal
Salvation Army
Partners In Self-Sufficiency
Plnel1as Opportunity Council
Boys & Girls Clubs
Girls Inc. of Pinellas
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102,969
51,186
35,000
27,414
16,000
24,750
273,049
Total Grants Requested $ 2,331,663
154.00
151.14
148.71
144.43
138.00
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Agency Project Amount COBG HOME SHIP
Economic Development Department Administration 301,890 211,000 35,006 55,884
Community Response Team Code Enforcement 175,000 175,000
Community Services Foundation Fair Housing 6,300 6,300
Clearwater Neighborhood Housing Services Economic Development 92.800
City of Clearwater Economic Development 100,000
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Economic Development Subtotal
Rental Housing 100,000 100,000
Housing Rehabilitation 430,057 127,053 115,057 315,000
Home OWnership 828,895 207,238 200,000 201,500
Rental Housing 45,000 45,000
315,057 516,500
SalvaLion Anny Public Services 51.186 51,186
Partners In Self-Sufficfency Public Services 35.000 35,000
Pinellas Opportunity Council Public Services 27.414 27.414
Boys & Girls Clubs Public Services 16,000 16,000
Girls Inc. of Pinellas Public Services 24.750 24.750
'CommunityServlcesFoundatJon ~ "Pu Iic.5eryl~,;:',;:,':"" :.',.,:;.:';:-: ,',,: ,49,100_;",,:::-;":,:'~;'1
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Public Services Subtotal 273.049 154,350
rji....goncy":'Nai1iO...it ~n ruv~iiiniifliindi;j':'-;:ii
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Total Requested $2.741,898
Total Funded $2.387.447 $1.465,000 $ 350,063 $ 572,384
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R E:-:: 2?
AGREEMENT
THIS AGREEMENT is entered into this 1st day of October, 1995, by and
between the city of Clearwater, a Florida municipal corporation, having its
principal office at 112 South Osceola Avenue, Clearwater, Florida,
hereinafter referred to as the "City", and the hereinafter referred
to as the "Provider".
WITNESSETH:
WHEREAS, the City has entered into an agreement with the u.S. Department
of Housing and Urban Development for the purpose of conducting a Housing and
Community Development Program (HOD) with federal financial assistance under
Title I of the Housing and Community Development Act of 1974, as amended,
,hereinafter called "Act"; and the Cranston-Gonzalez National Affordable
Housing Act of 1990; and
WHEREAS, the City has determined through its Year Twenty-second Final
statement of Objectives and Projected Use of Funds, -which was adopted by City
of Clearwater July' 18, 1996, the necessity for providing employment
opportunities; and
WHEREAS, the City desires to engage the Provider to render certain
services in connection therewith:
NOW, THEREFORE, the parties hereto agree as follows:
SECTION I:
SCOPE OF SERVICES
A. The Provider agrees to implement the income opportunity for homeless
persons, in accordance with the projected accomplishments attached and
made a fully binding part of this Agreement, as Appendix 1, as follows:
Develop employment opportunities and income for homeless and persons "at
risk" . This will reduce the number of homeless and improve their
quality of life.
SECTION II:
CONDITION OF SERVICE
The Provider hereby agrees to the following:
A. The Program shall serve eligible low and moderate income persons living
primarily in Clearwater.
B. The Provider shall maintain in its file the documentation on which basis
it determines that the project benefits low and moderate income persons,
Page 1 of 11' .i-J- I I 'J
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minorities and residents of Clearwater. Such records shall include, but
not be limited to profiles identifying financial classification, head of
household, ethnicity, race and gender, or area benefit data, as
required.
C. The Provider shall maintain a citizen participation mechanism, which
will include, but not be limited to the following:
1 Logging citizen comments or complaints when received.
2. Copies of comments and/or complaints received in writing.
3.
Copies of responses to complaints
resolutions to complaints.
and/or explanations
of
D. The Provider shall comply with the following attachments to the Office
of Management and Budget (OMS) Circular No. A-lID, nUniform
Administrative Requirements for Grants and Agreements with Institutions
of Higher Education, Hospitals and Other Non-Profit Organizations",
incorporated by reference into this Agreement.
1.
Attachment ,A, "Cash Depositories",
concerning deposit insurance.
except for paragraph 4
2. Attachment E, IIBonding and Insurance".
3. Attachment C, "Retention and custodial Requirements for Records",
except that in lieu of the provisions in paragraph 4, the retention
period for records pertaining to individual CDBG activities starts
from the date of expiration of this Agreement, as prescribed in
570.507, in which the specific activity is reported on for the
final time.
4. Attachment F, "Standards for Financial Management Systems".
5. Attachment H, "Moni toring and Reporting Program Performance" ,
paragraph 2~
6. Attachment N,' "Monitoring Management Standards", except for
paragraph 3 concerning the standards for real property and except
that paragraphs 6 and 7 are modified so that in all cases in which
personal property is sold, the proceeds shall be "program income"
and that personal property not needed by the SUb-recipient for CDBG
activities shall be transferred to the recipient for the CDBG
program or shall be retained after compensating the recipient.
7. Attachment a, "Procurement Standards".
Page 2 of 11
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E. Costs incurred under this program shall be in compliance with Federal
Management Circular No. A-122, "Cost Principles for Non-Profit
Organizationsll, incorporated by reference into this Agreement.
F. The Provider shall abide by those provisions of 24 CFR Part 570 subpart
J, when applicable, incorporated by reference into this Agreement.
G. No expenditures or obligations shall be incurred for the program prior
to approval and release of funds from the U.S. Department of Housing and
Urban Development. Further, it is expressly understood that in the
event no funds' are released from the U. S. Department of Housing and
Urban Development in connection with this Program, then the City is not
liable for any claims under this contract.
H. The Provider shall certify, pursuant to Section 109 of the Act, that no
person shall be denied the benefits of the program on the ground of
race, color, national origin or sex.
I. The Provider agrees that to the extent that it staffs the Program with
personnel not presently employed by said party, it will take affirmative
action in attempting to employ low income persons residing in the City
of Clearwater, particularly minority group members.
J. The Provider shall comply with the provisions of 24 CFR 570.504 (c),
"Program Income", gross income directly generated from the use of CDBG
funds. In those instances where the City allows the sub-recipient to
retain program income, these funds shall be expended for CDBG eligible
activities, previously approved by the City in accordance with the
projected accomplishments and budget descriptions attached to this
Agreement.
K. The Provider shall adhere to the applicable requirements contained in
the "Acknowledgement of Economic Development Activities", attached
hereto and made a part hereof as Appendix 2, if applicable.
L. The Provider shall comply with First Amendment Church/State principles,
as follows:
1. It will not discriminate against any employee or applicant for
employment on the basis of religion and will not limit employment
or give preference in employment to persons on the basis of
religion.
2. It will not discriminate against any person applying for public
services on the basis of religion and will not limit such services
or give preference to persons on the basis of religion. ,
3. It will provide no religious instruction or counseling, conduct no
religious worship or services, engage in no religious
Page 3 of 11
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proselytizing, and exert no other religious influence in the
provision of such public services.
4. The portion of a facility used to provide public services assisted
in whole or in part under this Agreement shall contain no sectarian
or religious symbols or decorations.
5. The funds received under this Agreement shall not be used to
construct, rehabilitate, or restore any religious facility which is
owned by the Provider and in which the public services are to be
provided. However, minor repairs may made if such repairs are
directly related to the public services; are located in a structure
used exclusively for non-religious purposes; and constitute, in
dollar terms, only a minor portion of the CDBG expenditure for the
public services.
M. The Provider shall transfer to the City upon expiration of this
Agreement, any CDBG funds on hand at the time of expiration and any
accounts receivable attributable to the use of CDBG funds. The
following restrictions and limitations apply to any real property under
the Provider I s control which was acquired or improved in whole or in
part with CDBG funds in excess of $25,000:
1. Any real property under the Provider's control must be used to meet
one of the National' Objectives in the CnBG Regulations, Part
570.208 until five years or such longer period of time as
determined appropriate by the City after expiration of the
Agreement.
2. If the real property is sold within the period of time specified
above, the property must be disposed of in a manner which results
in the City being reimbursed in the amount of the current fair
market value of the property, less any portion thereof attributable
to expenditures on non-CDBG funds for acquisition of, or
improvement to, the property. Such reimbursement is required.
N. The Provider agrees that when sponsoring a project financed in whole or
in part under this Agreement, all notices, informational pamphlets,
press releases, advertisements, descriptions of the sponsorship of the
project, research reports, and similar public notices prepared and
released by the Provider shall include the statement:
FUNDED BY THE CITY OF CLEARWATER
,
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
In written materials, the words "CITY OF CLEARWATER COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS ADMINISTERED BY THE DEPARTMENT OF ECONOMIC
~
Page 4 of 11
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DEVELOPMENT" shall appear in the same size' letters or type as the name
of the Provider.
O. The Provider shall ensure the following when entering into a sub-
contract agreement:
1. The full correct legal name of the party shall be identified.
2. The "Scope of Services" shall describe the activities to be
performed.
P. The Provider shall maintain sufficient records in accordance with 24 CFR
570.502 and 570.506 to determine compliance with the requirements of
this Agreement, the Community Development Block Grant Program and all
applicable laws and regulations.
This documentation shall include, but not be limited to, the following:
1.
Books, records and documents in accordance with generally accepted
accounting principles, procedures and practices which sufficiently
and properly reflect all revenues and expenditures of funds
provided directly or indirectly by this Agreement, including
matching funds' and program income.
I'
2. Time' sheets for split-funded employees who work on more than one
activity, in order to record the CDBG activity delivery cost by
project and the non-CDBG related charges.
3. How the statutory National Objective(s) and the eligibility
requirement (s) under which funding has been received, have been
met. These also include special requirements such as necessary and
appropriate determinations, income certifications, written
agreements with beneficiaries, where applicable.
Q. The Provider is responsible for maintaining and storing all records
pertinent to this Agreement in an orderly fashion in a readily
accessible, permanent and secured location for a period of three (3)
years after expiration of this Agreement, with the following exception:
if any litigation, claim or audit is started before the expiration date
of the three year period, the records will be maintained until all
litigation, claims or audit findings involving these records are
resolved. The City shall be informed in writing after close-out of this
Agreement, of the address where the records are to be kept.
SECTION III:
TERM OF AGREEMENT
" Page 5 of 11
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This Agreement shall be deemed effective upon approval and release of funds
by the U. S. Department of Housing and Urban Development and being duly
executed by both parties, whichever is, later.
This project shall become operational as of October 1, 1996, and shall
continue through September 30, 1997.
SECTION IV:
TERMINATION
The City and the Provider agree:
A. This Agreement may be terminated by either party hereto by written
notice of the other party of such intent to terminate at least thirty
(30) days prior to the effective date of such termination.
B. This Agreement may be terminated in whole or in part, for convenience,
when both parties agree upon the termination conditions. A written
notification shall be required and shall include the following: reason
for the termination, the effective date, and in the case of a partial
termination, the actual portion to be terminated. However, if, in the
case of a partial termination, the City determines that the remaining
portion of the Agreement will not accomplish the purposes of such
Agreement, the City may terminate such in its entirety.
C. The City may place the Provider in default of this Agreement, and may
suspend or terminate this Agreement in whole, or in part, for cause.
1. Cause shall include, but not be limited to, the following:
a. Failure to comply and/or perform in accordance with this
Agreement, or any federal statute or regulation.
b. Submitting reports to the City which are late, incorrect or
incomplete in any material respect.
c. Implementation of this Agreement, for any reason, is rendered
impossible or infeasible.
d. Failure to respond in writing to any concerns raised by the
City, including substantiating documents when
required/requested by the City.
e. Any evidence of fraud, mismanagement, and/or waste, as
determined by the City's monitoring of the subrecipient, and
applicable HUD rules and regulations.
2. The City shall notify the Provider in writing when the Provider has
been placed in default. Such notification shall include actions
Page 6 of 11
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taken by the City, such as withholding of payments, actions to be
taken by the Provider as a condition precedent to clearing the
deficiency and a reasonable date for compliance, which shall be no
more than fifteen (15) days from notification date.
3. The City shall notify the Provider in writing when sufficient cause
is found for termination of this Agreement. The Provider shall be
given no more than fifteen (15) days in which to reply in writing,
appealing the termination prior to final action being taken by the
'City.
D. Let it be further understood that upon curtailment of, or regulatory
constraints placed on, the funds of the u.s. Department of Housing and
Urban Development, this Agreement will terminate effective as of the
time that it is determined such funds are no longer available.
E. Costs of the Provider resulting from obligations incurred during a
suspension or after termination, are not allowable unless the City
expressly authorizes them in the notice of suspension or termination or
subsequently. Other costs during suspension or after termination which
are necessary and not reasonably avoidable are allowable if:
1. The costs result from obligations which \..,rere properly incurred
before the effective date of suspension or termination, are not in
anticipation of it, and in the case of termination, are
noncancelable, and
2. The costs would be allowable if the award were not suspe'nded or
expired normally at the end of the Agreement in which the
termination takes effect.
F. Upon termination of the Agreement, the Provider and the city shall meet
to discuss the City's determination if any amounts are to be repaid to
the city or if additional amounts are due the Provider.
SECTION V:
AMENDMENTS
Any alterations, variations, modifications or waivers of this Agreement shall
only be valid when they have been reduced to writing and duly signed by both
parties. Any changes which do not substantially change the scope of the
project and/or the Project Implementation Schedule or increase the total
amount payable under this Agreement, shall be valid only when reduced to
writing and signed by the City Administration and the Provider.
The City shall not reimburse the Provider for outlays in excess of the funded
amount of the Agreement unless and until the City officially, in writing,
approves such expenditure by executing a written modification to the original
Agreement.
Page 7 of 11
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SECTION VI:
METHOD OF PAYMENT
It is expressly understood , and agreed that the total compensation to be paid
hereunder for actual expenditures incurred shall not exceed Such
funds must be expended during the term of the Agreement, and any remaining
balance of funds shall revert to the City. Such compensation shall be paid
in accordance with the projected accomplishments and budget descriptions
attached hereto and made a part hereof as Appendix 1.
A. The Provider shall submit monthly requests for payment for actual
expenditures, including applicable back-up documentation, no later than
the tenth (10th) day of the succeeding month and the City will provide
reimbursement, upon approval, within ten (10) working days after receipt
of the same, if submitted by the deadline data for inclusion on the
drawdown request.
B. The City agrees to pay the Provider for expenditures incurred under this
Agreement on a monthly basis in accordance with the Budget and Project
Implementation Schedule attached hereto and made a part hereof as
Appendix 1. Line item transfers are allowable only within each
component and may not exceed in the aggregate fifteen percent (15%) of
each line item without prior written approval of the City. All changes
amounting to more than fifteen percent (15%) require prior written
approval.
SECTION VII:
CONFLICT OF INTEREST
The Provider covenants that no person, under its employ who presently
exercises any functions or responsibilities in connection with Community
Development funded activities, has any personal financial interests, direct
or indirect, in this Agreement. The Provider covenants that in the
performance of this Agreement, no person having such conflicting interest
shall be employed. The Provider covenants that it will comply with all
provisions of 24 CFR 570.611 "Conflict of Interest", and the State statutes
governing conflicts of interest. The Provider shall disclose, in writing, to
the City any possible conflicting interest or apparent impropriety that is
covered by the Above provisions. This disclosure shall occur immediately
upon knowledge of such possible conflict. The City will then render an
opinion which shall be binding on both parties.
SECTION VIII:
INDEMNIFICATION AND INSURANCE
The Provider shall indemnify and hold harmless the City from any and all
claims, liability, losses and causes of action which may arise out of the
Agreement. The Provider shall pay all claims and losses of any nature
whatsoever in connection therewith and shall defend or pay to defend all
Page 8 of 11
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suits brought against the City, when requested, and shall pay all costs and
judgements which may issue thereon.
Automobile and vehicle coverage shall be required when the use of automobiles
and other vehicles are involved in any way in the performance of the
Agreement.
The Provider shall submit to the City an ORIGINAL Certificate of Insurance.
All liability insurance coverage shall be approved by the City's Risk
Management Office prior to the release of any funds under this Agreement.
Generally, the amount of coverage necessary would be at a minimum of
$300,000.
Further, in the event evidence of the required insurance is not forwarded to
the Risk Management Office within thirty (30) days after the execution of
this Agreement, this Agreement may be terminated at the City's option and any
payments then due may be permanently withheld by the City and the City will
have no further obligation under this contract or pny subrecipient contract.
SECTION IX;
REPORTING AND EVALUATION REQUIREMENTS
Maintaining credibility for the community development effort rests heavily on
the ability to produce an impact in low/moderate income areas, through
progress in accomplishing scheduled activities. An effective method for
maintaining project progress against a previously established schedule is
through project evaluation and reporting, which will consist of both written
reports and staff discussions on a regular basis. The Provider also assures
prompt and efficient submission of the followinq:
A. Monthly Reports are due no later than the tenth (10th) day of the
succeeding month and shall include the request for payment when
applicable. Contents of the Monthly Report, attached hereto and made a
part hereof as Appendix 3, shall include but not necessarily be limited
to the following:
1. The Na~rative Report Form
2. The Financial Sununary Form, which shall include the request for
payment and documentation, as applicable.
3. The Client Profile Form
B. Final Evaluation. Within twenty (20) days of contract completion, a
final report documenting how the statutory National Objective and the
'eligibility requirements were met, must be submitted by the Provider to
the City's Community Development Division for review and approval. The
contents of same shall include a cumulative total of the data submitted
during the program's operation. Further, such report shall include
statistical findings which depict program efficiency; i.e., the number
Page 9 of 11
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of dollars spent, including non-CDBG funding sources, to render actual
service to program recipients, and an overall evaluation of the
program's effectiveness, and quantitative results. The final report
will be evaluated and the Provider will be notified if additlonal data
is necessary or that the project/activity is considered "closed-out".
other Reporting Requirements may be required by the City in the event of
program changes, need for additional information or documentation and/or
legislation amendments. The Provider shall be informed, in writing, if any
changes become necessary.
Reports and/or requested documentation not received by the due date, shall be
considered delinquent, and may be considered by the City as sufficient cause
to suspend CDBG payments to the Provider.
SECTION X: '
AUDIT AND INSPECTIONS
At any time during normal business hours and as often as City and/or Federal
Government representatives may deem necessary, there shall be made available
to representatives of the City and/or the Federal Government an opportunity
to review, inspect or audit all records, documentation, and any other data
relating to all matters covered by the Agreement.
An annual organization audit shall be submitted to the City 120 days after
the end of the Provider I s fiscal year. The audit shall be performed in
accordance with OMB Circular A-lID Attachment F, OMB Circular A-133 or OMB
Circular A-128, as applicable. If this Agreement is closed-out prior to the
receipt of an audit report, the City reserves the right to recover any
disallowed costs identified in an audit after such close-out.
SECTION XI:
COMPLIANCE WITH LOCAL, STATE & FEDERAL REGUIATIONS
The Provider agrees to comply with all applicable federal regulations as they
may apply to program administration~Additionally, the Provider will comply
with all state and local laws and ordinances hereto applicable.
SECTION XII:
ADDITIONAL CONDITIONS AND COMPENSATION
It is expressly understood and agreed by the parties hereto that monies
contemplated by this Agreement to be used for compensation originated from
grants of federal Community Development Block Grant funds, and must be
implemented in full compliance with all of HUD's rules and regulations.
It is expressly understood and agreed that in the event of curtailment or
non-production of said federal grant funds, that the financial sources
necessary to continue to pay the Provider compensation will not be available
and that this Agreement will thereby terminate effective as of the time that
it is determined that said funds are no longer available.
Page 10 of 11
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In the event of such determination, the Provider agrees that it will not look
'to, 'nor seek to hold liable, the city or any individual member of the City
Commissfon thereof personally for the performance of this Agreement and all
,of, the parties hereto shall be released from further liability each to the
other under the terms of this Agreement.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by their duly authorized officials on the day and date first above
indicated.
By
President
Date
ATTEST:
Secretary
Date
Countersign~d:
CITY OF CLEARWATER, FLORIDA
Rita Garvey
Mayor-Commissioner
By
Elizabeth M. Deptula
City Manager
Date
ATTEST:
Cynthia Goudeau
city Clerk
Approved as to fo~ & legal
sufficiency:
Date
"
[Assistant] or [Interim]
Page 12 of 11
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Item # 9
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Clearwater City Commission
Agenda Cover Memorandum
9
Item II
Meeting Date: 07/18/96
SUBJECT:
Fiscal Year 96/97 city of Clearwater Social Services grants
RECOMMENDATION/MOTION:
Approve the recommendations made by the Technical Review Committee (TRC) for
allocation of City social services funds in the amount of $62,000.00 and
approve the proposed contract form for the funding contracts.
~ and that the appropriate officials be authorized to execute same.
BACKGROUND:
By direction of the city commission, this social services grants program
was made competitive effective for Fiscal Year 93/94.
In March of 1996 grant application forms and instructions were mailed to
area agencies which had expressed an interest in participating in the
program or which had participated in the program in previous years.
The application and instructions contained provisions limiting requests to
a maximum amount of $10,000.00 ($5,000.00 in previous years), and
requesting that agencies submit only one application per project.
Agencies were also requested not to submit applications for funding from
both the City Social services Grants Program and the Consolidated Plan
program for the same project.
Agencies were informed that, as in years past, the anticipated total
funding level for this program would be $62,000.00.
Thirty-four (34) grant applications were received.
The applications contained requests of $257,206.00 collectively.
A Technical Review Committee was empaneled for the purpose of ranking the
grant applications and making funding recommendations. The committee
convened on May 28, 1996.
ReviC\led by: ~ Originating ocpt: t!t8 Costs: $62,p'00rOO commission Action:
legal ota 0 Approved
Budget Human P..elations -0- 0 Approved wtconditlons
Purchasing
Risk Mgmt. User Dopt: Current Fiscal Yr. 0 Denied
CIS N/A. 0 Continued to:
ACH ;(~ (L Flrdiny Source:
Other N!l\ 0 copi tal Imp.
Advertised: [! Oporatlng Attachments:
Date: 0 Other spreadsheet
tf0 Paper:
~ Not Required pro[X)sed contract
,- 0
Stbaltted by: Affected Patties None
/7~ lJ Notified Appropriotion Code:
-
i:S Not Requl red 01O-09232-582000-569-00C
Cltv Ho,p;er
~ Printed on recycled paper
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The Committee was composed of the following members:
Barbara Butz, Human Services Program Manager
Department of Health and Rehabilitative Services
Alex Barron, Morton Plant-Mease Hospital
Social services Department,
Elizabeth Smoot, Single Parent Program Coordinator
Pinellas Technical Education Center
Jerome Brown, Assistant Director
pinellas County social Services Department
Jill Perrino, Member, Clearwater community Relations Board
Herbert Freitag, Chairman, Clearwater Community Relations Board
Dorothy Whitlock, Community Involvement Specialist
Junvenile Welfare Board (Ms. whitlock did not ,attend the TRC meeting
'due to illness.)
The TRC recommendations are based primarily on the agencies' average
numeric scores. Most proposals were funded, in an amount less than
requested by the agencies, thus allowing a greater number of agencies to
be funded.
The attached spreadsheet contains information about the agencies and the
nature and purposes of the programs for which they are requesting funding,
information on funding in the current fiscal year, if any, and the
Committee's scores and recommendations.
The proposed funding contract form is attached. (The funding contract
which is currently in use is based on this form.)
Funding for the social services grants in the amount of $62,000.00 is
included in the city Manager's recommended budget for Fiscal Year 1996/97.
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CZTY OP CLEARWATER
SOCIAL SERVICES GRANT
SUBRECIPIENT RANKING SYSTEM
Applicant Name:
Address:
Proposed Use of
Funds:
Amount Requested:
$
+++++++++++++++++++++++++++++++++++++++++
SECTION Z
A. Is the 'agency a registered 501 (C) (3) Non-Profit Agency or in
the process of becoming one?
. ( ) YES - Proposal continues through processing.
( ) NO
B. Is the facility licensed or in the process of being licensed
to provide these services?
( ) YES - proposal continues through processing.
( ) NO
C. Was the application as submitted complete: Did it provide all
the information asked for in the request for proposals?
(
(
)
)
YES - Proposal continues through processing.
NO
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subrecipient Ranking System - page 1 of 2
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SECTION II
A. Is the request for funding necessary and appropriate based on
the needs delineated in the I-COPE study or another vital
community need?
(
(
)
)
YES
NO
35 POINTS
.
B. What is the agency's capacity to carry out the functions of
the program? Does the agency have adequate staff and
financial resources to implement the program?
(
(
)
)
YES
NO
25 POINTS
c. Are the services to be provided a duplication of services
provided by another existing agency?
(
)
NO
20 POINTS
D. Does the agency or key personnel have a good history of being
a service provider to the community?
(
(
)
)
YES
NO
20 POINTS
SECTION III
BONUS POINTS
A. 'Percentage of Clearwater citizens to be served by program.
51 - 60 PERCENT
61 - 75 PERCENT
OVER 75 PERCENT
4 POINTS
7 POINTS
10 POINTS
B. Does the program represent a unique or innovative solution to
an identified problem?
c- )
( )
YES
NO
10 POINTS
+++++++++++++++++++++++++++++++++++++++
TOTAL POINTS
N:\SUBRICP.SAR
subrecipient Ranking System - page 2 of 2
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AGREEMENT
This Funds Agreement is made and entered into this day of between
the City of Clearwater, hereinafter referred to as the Ciry, and * hereinafter referred to as the
Agency.
WHEREAS, it has been determined to be highly desirable and socially responsible to provide
* to those who would not otherwise have *; and
,
WHEREAS, the City desires to help those in need of * by providing funding for *; and
WHEREAS, the Agency provides and operates * in the City;
NOW, THEREFORE, the parties agree as follows:
ARTICLE 1. TERM
The term of this agreement shall be for a period of 12 months commencing on the 1st
day of October, 1996, and continuing through the 30th day of September, 1997, (the
Terminarion Dare), unless earlier terminated under the terms of this agreement.
ARTICLE II. RESPONSIBILITIES OF THE AGENCY
1. Services to be Provided. The Agency shall provide * in accordance with the proposal
submitted by the Agency and approved by the City, which is incorporated herein by
reference.
2. Area to be Served. Services rendered through this agreement shall be provided within
the corporate limits of the City as it now exists and as its boundaries may be changed
during the term of this agreement.
3. Scheduled Reports of Agency Activities. The AgelJcy shall furnish the City Human
Relations Department, Grants Coordinator, with an annual report of activities conducted
under the provisions of this agreement within sixty days of the end of the Agency's fiscal
year. Each report is to identify the number of clients served, the costs of such service,
and commentary on the viability, effectiveness, and trends affecting the program.
4. Use and Disposition of Funds Received. Funds received by the Agency from the City
shall be used to pay for *. Funds existing and not used for this purpose at the end of the
term of this agreement term shall be deemed excess to the intended purpose and shall be
returned to the City.
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5. Creation, Use and Maintenance of Financial Records.
a. Creation of Records. Agency shaJl create, maintain and make accessible to
authorized City representatives such financial and accounting records, books,
documents, policies, practices, and procedures necessary to reflect fully the
financial activities of the Agency. Such records shall be available and accessible
at all times for inspection, review, or audit by authorized City personnel.
b. Use of Records. Agency shall produce such reports and analyses that may be
required by the City and other duly authorized agencies to document the proper
and prudent stewardship and use of the monies received through this agreement.
c. Maintenance of Records. All records created hereby are to be retained and
maintained for a period not less than five (5) years from the termination of this
agreement.
6. Non-discrimination. Notwithstanding any other provision of this agreement, during the
term of this agreement, the Agency for itself, agents and representatives, as part of the
consideration for this agreement, does covenant and agree that:
a. No Exclusion from Use. No person shall be excluded from participation in,
denied the benefits of, or otherwise be subjected to discrimination in the operation
of this program on the grounds of race, color, religion, sex, handicap, age, or
national origin.
b. No Exclusion from Hire. In the management, operation, or provision of the
program activities authorized and enabled by this agreement, no person shall be
excluded from participation in or denied the benefits of or otherwise be subject
to discrimination on the grounds of, or otherwise be subjected to discrimination
on the grounds of race, color, religion, sex, handicap,age, or national origin.
c. Inclusion in Subcontracts. The Agency agrees to include the requirement to
adhere to Title VI and Title VII of the Civil Rights Act of 1964 in all approved
sub-contracts.
d. Breach of Nondiscrimination Covenants. In the event of conclusive evidence
of a breach of any of the above non-discrimination covenants, the City shall have
the right to terminate this agreement.
7. Liability and Indemnification. The Agency shall act as an independent contractor and
agrees to assume all risks of providing the program activities and services herein agreed
and all liability therefore, and shall defend, indemnify t and hold harmless the City, its
officers, agents, and employees from and against any and all claims of loss, liability, and
damages of whatever nature, to persons and property, including, without limiting the
2
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generality of the foregoing, death of any person and loss of the use of any property,
except claims' arising from the negligence or willful misconduct of the City or City's
agents or employees. 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 Agency's activities or
those of any approved or unapproved invitee, contractor, subcontractor, or other person
approved, authorized, or permitted by the Agency in or about its premises whether or
not based on negligence.
ARTICLE III. RESPONSIBILITIES OF THE CITY
1. Grant of Funds. The City agrees to provide a total grant of *$ to fund the program
in accordance with this agreement.
2. Payments. The total amount requested will be paid by the City to the Agency within
30 days after execution of this agreement by the City and the Agency but no earlier than
October 1 o( the budget year for which the funds are authorized.
ARTICLE IV. DISCLAIMER OF WARRANTIES
This Agreement constitutes the entire Agreement of the parties on the subject hereof and
may not be changed, modified or discharged except by written Amendment duly executed
by both parties. No representations or warranties by either party shall be binding unless
expressed herein or in a duly executed Amendment hereof.
ARTICLE V. TERMINATION
1. For Cause. Failure to adhere to any of the provisions of this agreement in material
respect shall constitute calise for termination. This agreement may be terminated with 30
day notice.
2. Disposition of Fund Monics. In the event of termination for any reason, monies made
available to the Agency but not expended in accordance with this agreement shall be
returned to the City.
ARTICLE VI. NOTICE
Any notice required or permitted to be given by the provisions of this agreement shall
be conclusively deemed to have been received by a party hereto on the date it is hand-
delivered to such party at the address indicated below (or at such other address as such
party shall specify to the other party in writing), or if sent by registered or certified mail
(postage prepaid), on the fifth (5th) business day after the day on which such notice is
mailed and properly addressed.
3
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1. If to Agency, addressed to:
. ,
2. If to City, addressed to:
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Grants Coordinator
Human Relations Department
P.O. Box 4748
Clearwater, FL 34618-4748
ARTICLE VII. EFFECfIVE DATE
The effective date of this agreement shall be as of the first day of October, 1996.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals this
day of , J 996.
Counters~gned:
. Mayor-Commissioner
Approved as to form and legal sufficiency:
Leslie Dougall-Sides, Assistant City Attorney
Witnesses as to Agency:
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CITY OF CLEARWATER, FLORIDA
By:
City Manager
Attest:
Cynthia E. Goudeau, City Clerk
By:
President
Attest:
4
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~ul-16-96 Ol:27P C1QarwatDr E~ D.
813-462-6699
P.02
K~ =1
CITY OF CLEARWATER
'ntordlfpll'rfm-ntal Corre.pondence
TO: Cynthia Goudeau, City Clerk
FROM: Alan J. Ferri, Director Economic Development
Eleanor Breland, Director Human Refatfons
SUBJECT: ConsoHdated Plan and SocIal Services Grant Subgrantees
COPIES: Elizabeth M. Deptura, City Manager
DATE: July 16, 1996
There are four (4) agencies that are recommended for joint funding between the Consolidated
Funding Plan and the City of Clearwater Social Services Grant program. The specific funding
request from these agencies are not for the same activities.
Community Services Foundation is recommended for three (3) awards. The two (2) proposed
awards from the Consolidated pran are for a Fair Housing Program ($6,3DO) and the purchase
of vacant land for rental housing development ($45,ODO). They will use their Social Services
Grant Program recommendation for Utility Deposit Loans to low income households ($5tOOO).
Homeless Emergency Project is recommended for two (2) awards. Their Consolidated Plan
program wm fund the construction of six (6) units of permanent rental housing ($100.000).
Their Social Services Grant will pay for utility expenses at their emergency shelter ($6,900).
Plnellas Opportunity Council is recommended for two (2) awards. Their Consolidated Plan
request will fund the operation of their Chore Service program for the elderly ($27.414). Their
Social Services Grant will pay for administration of a day camp program ($2,500).
Religious Community Services The Haven is also recommended for two (2) awards. Their
Consolidated Plan funding will pay for the rehabilitation of a vacant structure into
administrative offices ($21,259). Their Social Services Grant will fund utility and operating
expenses for their transitional housing program ($8,000).
Applicants are instructed by staff through two technical assistance meetings and our program
application documents not to submit identical program proposals to each department. Human
Relations and Economic Development share the services of the Technical Review Committee
to evaluate both the Public Services and the Sociaf Services applications. BecausEI the
members of this committee evaluate both sets of applications they are able to eliminate
duplicate program funding requests.
FRCt1 : CUJ ~ RELAT 1 GG
07/16/9& 14:29 B13-53e-94B~
JUL.16.1996 2:34PM P 2
PrOE t-IJ. : 813 462 6437
... L OOHDEU. & ASSOC. ~e = 9 PACE a1
TAMPA lAY HARVEST.ne.
July 16, 1996
Ms Bleanor Breland, Hwnan ~ons Director
City or CurwlSer
CleM'W~t, Florida Via PacaimUe TtlUUlJlh:sion: 462-6437
Dear M.I Breland:
The purpotc of this Jatter 'S to clarJfy the Tampa Bay Harvest "Loaned BllecuUve
Program II .
TBH has 81'Own JDto such a large charitable orlPDl~tton that tho TBH Board of DJreo.
lor. decided In 1995 that In ordor to wurc th~ long leon BbiUty of TPU to continue to grow
aDd to funcdoD, it WM ncOCSMJ'Y that TBR have a lull time coQ1~naatcd BxecutiYO DIrector.
The: Board camo to this conclusion wben they rca11zod that It would be vlrt11ally imposslbJClo fot
TBH 10 find a volunt.oot willing to dedicate the hours ntM:'l<<llliary to run the COm~Y'B opera.
dons. Durlq the time period bopuung In FebtUAty 1992 to Docomber 31, 1995 I bAve aver.
ap! between 6S and 75 valWltcer hours a woek managing the operationl, growth and admlnia.
traJive duties ofTBH. Since THH'. mission, "FccdiJ:ig the hunatY....withQut money", and Ita
By-LaWo preclude 'f.8H from both accepting monctaI}' donatloWl (we do I1Qt oven maintain l
bank Decount) and from havina paid staff, the Board decided 10 pursue a courac ot ae-Cloll
mirroring OttD of our ,isklr..USA Harvest Charter'S (Kentucky Harvclll) successful effort iu
amngJng (or tbc1r "Loaned Bxer.:utlve Dit'llC1Or .
A few )'CQfS ago Kontuc;ky Harvest arranged for a sl~o LDuJsviUo based ComplUlY to
"loan II nn czecuti\'8 to Kentucky Harvest who functions as thC.tr Buwllv6 DIrector. Our fnL.
alaI effort to obtain. IOlUlcd executive WP an attempt to find a single local oompuy wltteb
would "loan" the tlzecuUvo to TBH. Despite an enonuou8 eUort we WOI'O Dot succoaafullu
finding au<:h a company In the Tampa Bay nrctl. At the February 1996 Board M~t1n8 th~
DI1CCtors decided, at my reeommcndation. to pursun tho prcacnt COUI'8Q DC action; that 15 to
Bad apprommatcly 15 "Community Pannors" (a TBH term) who would OOlltributc a part of the
annunJ "m~J_oymont 00518 of a Loaned Bxecutive Dln:ctor. Before thJ. plan could be fmpJ~
me.nte<! TBH 1\Ik1 to find a local 501(0)(3) charity tbat would 0gt'CC to handle tbe Community
partners' donations. to then loan the execullve to TBH ,ud handle all administrative o.od r~..
porting fun~Uona r8~rad ror ~ptfng the directtd douaUoM and oo"Ql~ the Loaned
Bxecutlvll. The St. Petersburg Pree CUnie: agreed to handle tbls rolo. OUf cfforu to find
Community PartDon has boon eomc:what suoceaaful. 1b dJlt.e toveD local bwdncas have agreed
to fund part of the Loaocd Executivo Dilectot employment cosl. \\b sWl have a long way lo
go, howovor, as tbeao saveD conttibulC. on average, only $1,458.00 collectively, per month
toward lucb emrloymcnu costa, nOI an adequnte compensation Jevel for IUch an ~utlvo.
Hence, tM Gran ApPlicatioQ filed OD our bc:liall by Sue IOn&.
Should you have ony addJUonal questions conccmiDC tbia maUer, pleuo Ceel free to
contact me It )0\Jl t;OJlvonioncc.
Sincerely.
~~~
Mary K. Dowdell
Blecutivc DJroc:tor
F'eecf1n8 the hunarY... wllIIaI&t .....,
RUBIN leaI' CENI'ER It Summit ExecuUve Sulles & ContcmJ'\C::C Center
19575 68th St. N.. Suite 267. CleslWater. FL 34620. 813/638..7777
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Clearwater City Commission
Agenda Cover Memorandum
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Meeting Date: L:".:::::':::,:::::::i~:':,:,',,;:,,',:
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SUBJECT:
Vogel Development Agreement
RECOMMENDA T'ON/MOTION:
Approve proposed development agreement between the City of Clearwater and James A. Vogel
and Hazel E. Vogel and adopt Resolution No. 96-45
o and that the appropriate officials be authorized to execute same.
SUMMARY:
l> The Vogel family owns approximately 8.04 acres on the east side of the Landmark Drive
Extension. The City of Clearwater is in the process of constructing an extension of Landmark
Drive to the City's proposed Lake Chautauqua Park, south and west of the subject property. The
Vogel family and the City of Clearwater jointly are contemplating a development agreement
which holds benefits for both the City and for the Vogel family.
I> Benefits to the City include: (1) conveying a right-of-way section to the City of 30 feet width to
allow the centering of the Landmark Drive extension in the new 70 ft. right-of-way; (2) annexing
residential and office property into the City; and (3) providing landscape buffering along
Landmark Drive.
I> Benefits to the property owners in the form of concessions by the City include: (1) construction
of the landmark Drive extension by the City, allowing access to the subject property; (2) A
reduction of ten (10) feet in the proposed residential subdivision internal right-of-way width from
the standard 60 feet requIrement; (3) a reduced width for corner lots; and (4) a reduced "corner
side" setback for corner lots of ten (10) feet versus the standard of 25 feet. Residents of the
surrounding subdivisions view the "centering" of landmark Drive as being of considerable
importance. The concessions requested by the developer are relatively minor, generally
paralleling Pinellas County development standards.
Reviewed by: Ll)-S Originating Department: Costs: Commission Action:
Legal COn~rltdng o Api3royod
Budgot N/A Total o Approved w/Conditlons
Purchasing N/A User Depa It: ,I o Denied
RI,k Mgmt. N/A Current FleclIl Veer o Continued to:
IS N/A FundIng Source:
ACM ~<L, CJ Capllal
Itllprolllmanl:
Other N/A Advertlllld: 0
Operllllng:
Dllto: 0 Attachments:
Olhar:
;;., , Paper: Tampa Tribune Rlllolutlon 96.46 !Vogel
f' Devolopment Allroemenll
Submitted by: 0 Not Required Appropriation Code
Chv2.g~ Affected Parties:
0 Notlfled o None
lXI Not Required ,
o P,lntld on reeyelld paper
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BESQLUTION NO. 9845
A RESOLUTION OF THE CITY OF
CLEARWATER, FLORIDA, APPROVING THE
ATTACHED DEVELOPMENT AGREEMENT
BElWEEN THE CITY OF CLEARWATER AND
JAMES A. VOGEL AND HAZEL E. VOGEL;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Clearwater is desirous of entering into a
development agreement with James A. Vogel and Hazel E. Vogel; now,
therefore,
BE IT RESOLVED BY THE CllY COMMISSION OF
THE CITY OF CLEARWATER, FLORIDA:
Section 1. The Development Agreement between the City of
Clearwater and James A. Vogel and Hazel E. Vogel, a copy of which is attached
as Exhibit At is hereby approved.
Section 2. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this
day of
,1996.
Rita Garvey, Mayor-Commissioner
Approved as to form
, and legal sufficienQY:
, Attest:
Cynthia E. Goudeau
City Clerk
Resolution No. 96-45
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IL'lCORPORAIES CHANGES AS OF 1/08/96-
~DDJJ'IONS ARE UNDERLINED, DELETIO~S ARE STRUCK THROUGlJl
DEVELOPMENT AGREEMENt
THIS AGREEMENT is entered into this day of
~ 1996, betwecn the CITY OF CLEAR WATER, FLORIDA, a
municipal corporation organized and existing under the laws of the State of Florida
("City"), P.O. Box 4748~ Clearwater, Florida 34618-4748, and JAMES A. VOGEL and
HAZEL E. VOGEL (IIDevclopers"), 2753 State Road 580, Clearwater, Florida 34621.
RECITALS:
A. Developers are the fee simple owners of 8.37 acres ofJand situated within
unincorporated Pinellas County and located south of Enterprise Road and east of a
proposed Landmark Drive extension. The entire tract is described as two separate
parcels. as more particularly described in Paragraph 2. herein and in Exhibits "A.' and
uB", attached hereto and incorporated herein by rc:ference ( coUectively referred to as "the
Property"). The parcel to be developed as residential C~Tract Bn) is described in Exhibit
"AU and the parcel to be developed for office use ("Tract A") is described in Exhibit uB";
and
B. Developers desire to develop both parcels in a scheme more particularly
described in Paragraph 2. herein and depicted on the plan,attached hereto as Exhibit "Cn
(UConceptual Plan;'). The Parties mutually desire to consummate a development
agreement pursuant to the below-refcrenced authority, such that Developers can develop
their property pursuant to the Conceptual Plan and City can annex both Tract A and Tract
B and further so that City can acquire a portion of Developers' property without direct
cash payment, pursuant to paragraphs 25. and 26. herein, and to provide terms and
conditions governing such actions; and
C. City is empowered pursuant to Florida Statutes Sections 163.3220 through
163.3243, the Florida Local Govenunent Developmcnt Agreement Act, and Code of
Ordinances Sections 36.] ] I through 36.] 26, to enter into development agreements with
the owners of real property; and
WHEREFORE, in consideration of the mutual promises and undertakings
contained herein, the receipt and sufficiency of which are hereby acknowledged, the
parties agree as follows:
fARTI: MUTUALLY BINDING GENERAL PROY1SIONS
1. Recitation of Facts and Mutual Cpmmitme:nts. The above recitations are true
and correct and are incorporated herein by this reference.
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2. Leeal Description and Ownership, The Property to which this Agreement
applies is legally described in Exhibits "An and uB'" which are incorporated herein by
reference. James A. Vogel and Hazel E. Vogel arc the owners of the Property~ held in
joint tenancy with right of survivorship.
3. Captions, Captions used herein are for the convenience of the parties and are
not to be interpreted to have any specific meaning.
4. No Waiver of Impact~ Other Fees. This Development Agreement provides for
no waiver of impact fees. Impact fees, capacity fecs~ connection fees, and any other fees
which are known to be due are described in Paragraph 29. below; fees specificaJJy
anticipated are set forth in Paragraph 14. below. Developers shall be obligated to pay no
more in impact fees than would be required of any other developer for a project of the
same size and intensity under City's ordinances.
5. Authority. This Development Agreement is entered into by City in accordance
with Florida Statutes Sections 163.3220 through 163.3243, the Florida Local Government
Development Agreement Act, and Code of Ordinances Sections 36.111 through 36.126~
and the tenns of said statutory and code sections are incorporated herein by reference.
6. Effective Date of Development A~eement. The effective date of this
Development Agreement is the thirtywfirst day following the date this Development
Agreement is received by the state land planning agency fo11oVt;ng execution~
recordation, and submission to said agency pursuant to Florida Statutes Section 163.3239
and Code of Ordinances Section 36.] 21. In the event of a court challenge to this
Development Agreement by a party or non-party, the parties will reconsider the effect of
this Agreement and Developers shall have no ongoing obligation to defend this
Development Agteement.
7. puration ofDev~lopment Aereement. The duration of this Development
Agreement shall be five years from the Effective Date hereof. The duration of this
Development Agreement may be extended pursuant to Code of Ordinances Section
36.114 upon the agreement of both Parties and approval by the Cleanvater City
Commission following a public hearing in accordance with Florida Statutes Section
163.3225. As long as Developers have dedicated Landmark Drive rieht-of~way as
provided in paragraph 25. bereint in the event this Development Ai~eme:nt expires priQI
10 Developers obtaining sit~ plan approval for the plalUled imprQvements, City shall hay~
no cause of action aga1nst Developers and Developers shall be subject to all cpdes and
d' . ffi h' f 'd ..
pr manees In e eel at t e time 0 sal e~pJratlOn.
8. Consistency with Comprehensive Plan and Land Development Rce-ulations.
This Development Agreement and the development authorized herein is consistent with
City~s comprehensive plan and land development regulations.
9. Amendment; Cancellation. 'This Development Agreement may be amended or
canceled by mutual consent of the Parties or their successors in interest and upon
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compliance with the notice requirements for initial adoption of the Development
Agreement as set forth in Code of Ordinances Chapter 36, ArticJe V.
10. Noti~es. All notices, demands, requests, or replies provided for or pennitted
by this Development Agreement shall be in writing and may be delivered by anyone of
the foHowing methods: (a) by personal delivery; (b) by deposit with the United States
Postal Service as certified or registered mail, return receipt requested, postage prepaid, to
the addresses stated below; or (c) by deposit with an overnight express delivery service.
Notice deposited with the United States Postal Service in the manner described above
shall be deemed effective three (3) business days after deposit \Villi the Postal Service.
Notice by overnight express delivery service shaH be deemed effective one (1) business
day after deposit with the express delivery service. For purposes of notice, demand,
request or replies, the addresses of the Parties shall be:
FOR CITY:
FOR DEVELOPERS:
City Manager
City of Cleanvater
P.O. Box 4748
Clearwater, FL 34618-4748
With copy to:
Director of Central Pennitting
[same address]
James A. Vogel and Hazel E. Vogel
2753 S.R. 580
Clearwater, FL 34621
With copy to:
James Marcus Vernon, Esquire
P.O. Box 6474 (34618)
577 Duncan Avenue South
ClcaIWater, FL 34616
11. Successors Bound. This Development Agreement shall constitute a covenant
running with the land for the duration hereof, and the burdens of the Development
Agreement shall be binding upon and the benefits of the Development Agreement shall
inure to all heirs, successors in interest, and any assignees of the Parties hereto.
12. failure QfDeyelopment A2reement to Address Restrictions, Etc, The failure
of this Development Agreement to address a particular permit, condition, term, or
restriction shall not relieve Developers of the necessity of complying with the law
governing said pennitting requirements, conditions, term, or restriction.
13. Recordation, Etc. Not later than fourtcen (14) days after the execution of this
Development Agreement, City shall record same in the public records of Pinellas County,
and a copy of same shall be submitted to the state land planning agency within fourteen
(14) days after the Development Agreement is recorded. In the event Developers should
request at any time during the term of this Agreement confirmation from City that
Developers are in compliance with this Agreement, City shall provide said confinnation
within ten (l0) days of said request, or in the event that Developers are not in compliance
with this Agreement, City shall forward within that ten (10)-day period a specific
enumeration of those items as to which City believes Developers are out of compliance.
Failure of City to provide either said confinnation or said specific enumeration within the
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tcn (J D)-day period shaH be deemed certification that Developers are in compliance with
this Agreement:
14. Application of Ordinances lU1d eolicies.
(1) The ordinances and policies of City governing the development of the
Property at the time of the execution of this Development Agreement shall continue to
govern the development of the Property for the duration of the Development Agreement.
(2) City may apply ordinances and policies adopted subsequent to the execution
of this Development Agreement to the Property during the tenn thereofifthe City
Coinmission has held a public hearing, with notice mailed to Developers of specific
agenda items to be heard and potentially applied to Developers, and has determined, by
the making of specific fmdings of fact, that said ordinances and policies are:
(a) Not in conflict with the Jaws and policies governing this Development
Agreement and do not prevent development of the land uses, intensities or densities as
allowed under the terms of the Development Agreement;J\lli1
(b) Essential to the public health, safety and welfare;..an.d
(c) Expressly state that they shall apply to a development that is subject to a
development agreement;JU1d
(d) Are specifically anticipated and provided for in this Development Agreement;
eF..and
(e) Are adopted subsequent to substantial changes which have occurred in
pertinent conditions existing at the time oftlle approval of this Development Agreement
or subsequent to a determination that the Development Agreement is based on
substantially inaccurate infonnation supplied by Developers;7
(1) Are of general application to the commuuity at large for all similarly situated
dey~lopments.
(3) The ordinances and policies which are specifically anticipated and provided
for in this Development Agreement are:
(a) Any ordinance or policy which is necessary to carry out the provisions of this
Development Agreement, including but not limited to ordinances rezoning and annexing
the Property, granting variances and other development approval;
(b) Any ordinance or policy which shall be adopted by City accepting, approving,
Of implementing City's Evaluation and Appraisal Report concerning its comprehensive
plan;o
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(c) Ordinances and policies of general appHcarion in the City, including but not
limited to ordinances imposing additional or increased transportation, open space, sewer,
water, or other impact, capacity, or connection fees;
(d) City's Capital Improvement Program in effect as of the Effective Date of this
Agreement;
(e) City's Land Development Code.
{4} The provisions contained in this Paragraph do not abrogate any rights that
may vest pursuant to common law.
(5) Upon tennination, revocation, cancellation, or expiration of this Development
Agreement, all then-existing codes shaH be applicable to the Property regardless of the
terms of the Development Agreement.
1 S. Moc1ificatipn or E.eypcation to Comply with Subsequently Enacted State and
F~d~raJ Law\ Ifany state or federal law is enacted after the execution of this
Development Agreement which is applicable to and precludes the Parties' compliance
with the tenns of this Development Agreement, such Agreement shan be modified or
revoked as necessary to comply with the relevant state or federal laws, such modification
or revocation to take place only after notice in the manner provided for the adoption of a
development agreement.
16. Periodic Review of Deyefopment A~reement; Revocation or Modification for
Failure to CQmply-. The City Manager shaH review the Property at least once every
twelve (l2) months to determine j{there has been demonstrated good faith compliance
with the tenns of the Development Agreement, and shall report such findings to the City
Commission. This Development Agreement may be revoked or modified by the City
Commission upon thirty (30) days' notice to Developers if the City Commission finds, on
the basis of substantial competent evidence, that there has been a failure to comply with
the terms of the Development Agreement. Such revocation or modification shall be
accomplished only after a public hearing and notice sufficient for the adoption of a
development agreement. However, in the event City elects to modify or revoke this
Development Agreement due to Developers' noncompliance, Developers shall have
ninety (90) days within which to cure said non-compliance and upon Developers' curing
said non-compliance City's action shall become nun and void.
17. Enforccmen4 This Development Agreement may be enforced as set forth in
Florida Statutes Section 163.3243, as may be amended from time to time. Developers
and City shall additionally be able to enforce this Agreement as may be provided by law.
18. Assignment. Developers shall not assign the rights and duties provided for in
this Development Agreement to any assignee, lessee, or successor in interest prior to the
conveyances by Developers to City referenced in paragraphs 25. ~without prior
written approval of the City Commission, which approval shaH not be unreasonably
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withheld, except that the City Commission may withhold approval in the event it
detennines. in its sole discretion. that said proposed assignee, lessee. or successor in
interest is unable to carry out the obligations imposed by this Development Agreement.
Any individual purchasing one or more of the dweJling units or Jots authorizcd by this
Agreement shall take subject to the tenns and provisions of, and be entitled to the
benefits of, this Agreement, but as purchasers of individual units or Jots shaIl not be
deemed to be the successors or assigns of Developers for the purposes of wnending this
Agreement.
19. Draftin2 of Dc'{elopment A~reement. The Parties shall be deemed to have
participated jointly in the drafting of this Development Agreement. Accordingly, this
Development Agreement shall be construed ncutraJJy without regard to the party or
parties responsible for its preparation, and any terms, conditions, uncertainty. or
wnbiguity shall not be construed against any of the parties as a result of the drafting of
such.
20. Entirety of Agreement. This Development Agreement constitutes the entire
agreement of the parties. This Development Agreement incorporates and includes all
prior negotiations, correspondence, conversations, agreements or understandings
applicable to the matters contained herein and the Parties agree that there are no
commitments, agreements or understandings concerning the subject matter of this
Development Agreement that are not contained in or incorporated into this document.
Accordingly, it is agreed that no deviations from the tenns hereof shall be predicated
upon any representations or agreements, whether oral or written. This Development
Agreement may be modified or amended only by a separate writing signed by all Parties
hereto.
21. Jurisdiction and Govemin2 Law. The Parties hereto agree that any and all
suits or actions at law relating to the entry into or the provisions of this Development
Agreement shaH be brought in Pinellas County, Florida and in no other jurisdiction. lbis
Development Agreement shaH be construed and interpreted under the Jaws of the State of
Florida
PARr II: DEVELOPERS' PEn.FORMANCE OBLIGATIONS
22. Recital. This Part delineates those specific acts which must be complied with
WtiJateraHy by Developers.
23. AnnexatioD. -GeYeIepers agree tG-Seek--6f1fle*Btien-etthe-Fro~flffi-the
~,-te-Hle-{uHlpplication for-eI1H~~&-puf5He-Said-appHeatien-ifl
geed-faith:-Concurrent with the approval of this Development A~rcement City shall
~ls.ide( ~he pending nppli~ation by Developers Qr Annexation arrract "An aod Tract
US" into lhe City. City un<;lcrstands and agn~cs that Developers' application for
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annexBtion is wholly contini:cnt upon City's approval olthis Development Ai~crnent..
Developers shall not be required to pay any fee to City for said annexation application.
24. Developers' Oblii:stion to Cpnstntct ~rQject, Developers agree to construct
the Project as depicted on Exhibit "c" within five years of the Effective Date of this
Development Agreement.
25. Developers' QbJieation to Convey Ri~ht.of- Way to Ci~, Developers agree
to convey a thirty (30)-foot wide strip of real property on the westerly side of Tract A, as
depicted on Exhibit HA", to City within thirty (30) days of the Effective Date of this
Development Agreement, to be used by City to make improvements to Landmark Drive.
26. ~dication of tnteUlar Street Ri~ht-of. Way... Developers agree to convey to
City ~ those areas within the Property necessary to create City streets within the
proposed development. Deyelopers and City agree that all--road'Nays as..needed to access
the single-family development and as approved on a site plan; such roadways-shaH be
dedicated to public use.
27. Local Development Penn its; Execution Contin2ent Upon Certain Approvals,
Developers shall be required to obtain all necessary site plan approvals for each stage of
the development consistent with the Conceptual Plan, subdivision and platting approval
with metes and bounds description of each lot to be developed, residential planned
development approvals, rezorungs (zoning atlas am.eaements), vnrinnc~s, building
pennits, and regulatory agency penn its, including any Southwest Florida Water
Management District permits, water distribution and wastewater collection pennits,
certificates of capacity as required by City Code Section 36.142, cenoooeney tests,
recreation and open space requirements, and other development pennits as customary
needed for the improvement of real property. These penn its shall be obtained at the sole
cost of Developers. It is understood by the parties that annexation and rewning (wning
atlas amendment), as applied for in Developers' Petition for Annexation dated May 17,
1996 and on file with City, will be processed concurrently with a Resolution approving
and adopting this Development Agreement, and that said Development A2J'eement shall
be adopted prior to the annexation and rezoning (zoning atlas amendment), and the
adoption of the annexation and rezonin2 (7-.onin~ atlas amendment) shaH be conditioned
such that in the event the parties do not execute the Development A2reement or in the
event the Development Agreement does not take effect or is held to he void then the
smnexation and rezoninil-Czoning atlas amendment) shall Hkcv.;se be considered
ineffective nnd void.-wilt-be-in-pIaee prior (0 the finaHOOptioo by--city Qfthe Resolution
appril'liflg this Develepment Agreement. Developers~ execution of this Agreement shall
therefore be contingent upon the prior approval of said annexation and rezoning (zoning
atlas amendment). In the event that Developers do not proceed with the Residential
Planned D~elopmcnt contemplat~d by this Agre~ment but instead develop th~
rc:;idential portion ortlle project under RS-8 zoning (as is authorized pursua.nt to
parasraph 34.). then Developers shaH be required to seek apprQval for said RS~8 zoniOi
iJ,nd fot any variances required in connection \\;111 said revised development phm.
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28. Subdivision; Platting. Developers agree to properly subdivide and plat the
Property pursuant to City's ordinances.
29. Impact Fees. Etc. The increased impacts on public facilities or public
services attributable to each unit ofthc development, and the cost of capital
improvements to meet the associated demand on such facilities or services, shall be
assured by payment to City. at such time as is specified in City Code, of City's impact
fees required by ordinance of general application then in effect, as well as by payment by
Developer of applicable utility system development fees.
30. En~ineerin2 Requirements. Developers agree to comply with the
requirements of City's Engineering Department as set forth in the Memorandum from
Richard J. Baier, City Engineer dated May J 7, 1996 and attached hereto and incorporated
herein as Exhibit "D", with the exception that for density calculation purposes, the area
dedicated to the City of Clearwater pursuant to pwagraph 25. above shall be included, but
only for calculation of density for the residential use, and not for the office use area.
31. Land~pinc; Additional Lfmd~caping Commitment. The landscaping of the
office and residential tracts shall be in compliance with City's Code for said uses.
Additionally, Developers agree to landscape the entry to the Property with appropriate
hedges, and to provide City the sum of $2,000.00 on or before the completion of the
Landmark Drive Improvements to be used by City for supplemental undesignated
landscaping.
PART HI: CITY'S PERl!'ORMANCE OBLIGATIONS
32. Recital. This Part delineates those specific acts which must be complied with
unilaterally by City.
33. Impro.ye01cnt of Landmark Doyel The specific improvements which the
parties contemplate City will make to Landmark Drive south of Enterprise Road (the
HImprovements") are depicted on a diagram attached hereto and incorporated herein as
Exhibit '~Eu. City has no specific obligation to complete the Improvements by any
particular time. In the event that City elects to perform the Improvements, City will not
seek any financial contribution for such Improvements from Developers other than
transportation, open space, sewer, water, or other impact. capacity, or connection fees
customarily charged to developers pursuant to provisions of City Code. City shall not
seek any additional right-oC-way, other than that to be conveyed as provided in Paragraph
25. above from Developers, for the improvement of Landmark Drive. City shaJI not be
obrigated to construct any roadway features upon Developers' property or to align the
Improvements to any particular roadway configuration of Developers. City agrees,
however. contingent upon conveyance of the thirty (30)-foot wide strip of real property
referenced in paragraph 25. above occurring prior to construction of the Improvements,
and further contingent ~pon Developers' plans becoming more tangible from an
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engineering perspective prior to construction oCthe Improvementst to make a good faith
attempt to facilitate appropriate alignments to the residential development by the use of
asphalting and radial return features upon City right-or-way only.
34. Zonin~. Pursuant to the above-referenced annexation application by
Developerst Tract B will be annexed into City under a zoning classification of Residential
Planned Development aHowing for single-family lots, and Tract A wj)) be annexed into
City under a zoning classification of Limited Office allowing for office uses. The Parties
contemplate that Developers may, ifaIl other requirements of this Development
Agreement arc met, develop only Tract f~ as o-bimitcd Office development t.vithout the
necessity of developing Tmet-B either tmct indepcndcntly of any rCQuirement to develop
the other tract. Developers agretHo file, pay all aw)-ieable fees fm-,and-pursue.a rezoning
application for the above listed Plnnned De'le1opmetlt uses pursuenHe City's Land
Qevelapmcnt Code City hereby acknowleducs that Developers have applied fori and hav~
m~t all the prerequisite obligations fOTt the rczonjn~ and annexation of the Pro~
Concu~nt with the adoption of this Developmcnt Agreement, Cit}' shall adopt the
zoning necessary for Dcvelopcrs' contemplated uses of the Property as set forth herein.
In the event that Developers cannot meet the procedural and/or Code requirements for
such Planned Development approval, then the residential portion of the project shall be
developed in accordance with City's Land Development Code requirements for RS-8
zoning.
35. Access. Developers agree to execute an instrument releasing any rights they
may have to access to the Property via Sabre Drive, at such time as the Improvements to
Landmark Drive, to be made by City, are completeu1ssuminc that the improved
Landmark Drive roadway meets all City development requirements for the anticipated
traffic type and volume. Developers shall access the Property by existing lawful means
until such time as the Landmark Drive Improvements are constructed. DevelepeF5-5hall
be required to censtmct n Uleft in, right-out!!-dfi.veway-te-pmTWe-access from Lanamar-li
Drive to the Property ili--OOflflee-tioo-with-subdivisio~~f}F&Y-ah
36. Public Facilities. Public facilities that wiIl service the development shall be:
roadways; stormwater retcntion;_disposal; sewer; water; solid waste pickup and recycling;
gas; cable television. City hereby warrants and represents that all of the above facilities
which are City-provided utilities shall be available to Developers and their successors in
interest at the time of recordation of final plat to assure their provision concurrent with
the impacts of development. Developers, however, shall be liable for all impact, carrying
capacity, connection, and other fees associated with such facilities. It is contemplated
that Developers will grant maintenance rights to an existing sewer easement and that
Developers wilJ service the Property through existing sewer lines.
37. Site Plan. City shall be obligated to approve a site plan for Tracts A and B in
compliance with those development characteristics as hereinbelow provided upon
submission of a site plan approval application by Developers which meets City Code
requirementc;, payment of application fee, and compliance with any other prerequisites of
29
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~~ ~-T~T. ~~~- ~.-
-
-
.,
City Code and this Development Agreement, including but not limited to conveyance of
certain real property pursuant to Paragraphs 25. and 26. above. The Conceptual Plan
shall not be deemed a substitute for any plat or site plan required by City's development
code.
38. Review Period. Any submittal to City staff made by Developers for the
purpose of obtaining development approvals which is complete and meets all City Code
requirements shaH be initially reviewed by the necessary City staffmembers and full and
complete review comments shall be provided to Developers within fourteen (14) days of
said complete and compliant submittal.
PART IV: MUTUALLY-AGREEDwTQ DEVELOPMENT
CHARACTERISTICS
39. Recital. The development conditions as enumerated in this Part arc those
characteristics which City agrees to approve by and through the site plan approval
process, assuming that Developers meet the conditions set forth in this Development
Agreement, and which Developers agree to comply with. Both parties hereby agree to
implement these conditions by their respective actions.
40. Development Approval Proce~s, Development for the Property shaH be
examined for approval and approved, if at all, in compliance with the Conceptual Plan
and this Development Agreement. In the event of a conflict between the Conceptual Plan
and this Development Agreement, this Development Agreement shall control. . In the
event of a conflict between the Conceptual Plan and this Development Agreement, this
Development Agreement shall control:-No amendment of any regulation, code,
ordinance, or policy of general application in the City adopted subsequent to the Effective
Date of this Development Agreement shall preclude the type of use or amount offlcor
area set forth in the Conceptual Plan, except as provided in Paragraph 14. above.
41. Required Permits. The following development permits are required to be
approved for development of the property: Planned Development approval; site plan
approval; zoning district changes rezoninl: (zonine atlas amendment) pursuant to
parai:raph 27. above; Southwest Florida Water Management District pennits; Florida
Department of Environmental Protection pemits; utility pennits; building permits. The
above-referenced development permits shall be obtained at the sole cost of Developers
't5-ar€ not received ne-fu~Hf-the
Property-shnll be allewed;mttl-sueh-time-as-the-Gity Commissioo-fias reviev;ed the mattef
wtd-Getermined-whetherer not to termiflftte this Deyelepment AgreemeRt-er-te-modify-it
in-a-maflllef-OOflsistent witlHhe-pualie-iflterest. Uader-these-eoo6itions,. In (he event
~tlid development permits are not obtained by Developers. action in reliance on this
Development Agreement or expenditures in pursuance of its terms or any rights accruing
10 Developers thereunder shalJ not vest any development rights in DeveIoperst nor shall it
109
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,>". ... ".. _.,~. . '> .... ~.~ .
"
constitute partial perfonnance entitling Developers to a continuation of this Development
Agreement.
42. Development Uses Pennitt~. Development uses pcnnitted on the Property
shall be limited to the foHowing uses consistent with the Conceptual Plan: thirty-four (34)
unit residential development; maximum 14, 160-square~foot and maximum 30% of gross
site area building coverage office development. Residential density pennitted shall be
five (5) units per acre. For density calculation purposes, the area dedicated to the City of
Clearwater pursuant to paragraph 25. above shall be included, but only for calculation of
density for the residential use, and not for the office use area. A maximum Floor Area
Ratio of .3 shaH be allowed for office uses. Maximum pcnnissible height shall be; for
residential uses: thirty (30) feet; for office use: thirty (30) feet.
43. Lot Size&" Tract B shall provide for lot sizes greater than or equal to that
smallest interior lot size as allowed under an RS~8 zoning classification.
44. Sctbacks.-=I=he-lets-in-+faet-ll-sflaH-n~m-l6t setbacks of the RS~
~ling distAet,...eH€'ept-that-ooffieHets-shatl-hnve a comer-side setbaelHJf 1 0 feeh~
minimum setback requirements for principal and accessory structures in the offic~
development shall be as specified for the OL zoning district. The minimum setback
requirements for principal and accessory stmctures in the residential development shaU
be governed by the follO\\(in~ table.
Iw ~"'s. 'tp''',Ii~e- Hi" '"''':''' ,,:,>,,;,"~'~:'~"';V' '
'~10 !: a ,,^, a cga~I~>;""~'w"'"
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'\.>t~ 1j . .-::~_tiJ.~~r~ .-'..{:.....'J.x-.:.~:.{...~..~.j~5,~~ ~j"; ~t~:"":.;.:::~~~:?::;
-:::.~.: . _' c -?'^""~~t.:-::"'.r., .~ S:::.:-"~ V>. ....y;.~~~~..;;.::~): :;::;:;-- ..~r.......
... :~'$'~f..,..~'!&m~;/i':.:-:~~~;.~~'::~::~~,;,~ ....";.........,W..J'1.~~*~:..:e$-~ . .
"F.'.:"'.;"'..,.,~( : ..,,: ":', .):,,:.. :. ~' .:,'..: ;:... ' :' ':.:'::,~,:,: ':':,":::.::': ': '''::', ;v:' ':,; <,:,<',i::'..,,:.:::...;,'.... '.:,~::: ;',,< ':::"~,,::.:, ".. :":':25' ~ 'ft'; ;..::,?:,::;,<" :""!::'.:,;.:~J' ::':'::':''':~(;''; ',:,,~':'
- root stre~ 'S<tl. ,..,(....." ,.. ",' ,.., ,.., '" ...,.... ..".. ". ," "., e. ....... , ' ......, .",<, v ' ',,'
:k:;;.i.htU\~~:;\}:',::?~: 1;{\:,.!;:> :,,'t,;;,~:'::. X:,:.\\::;:::.:~';::::?::~:~;::,':::::'~~):i:(,~)9):::::l :;~i-)~~t:t:;i:~~;:::'r:;;~f:2:i::~:~:;~:::J:'if:;:~:,::~;;;%i;;Yi!t,:~:i:::':::t;:}:!/ ::M:::?::;~!j!;1~~':!~~'~t1:\~~::
Rear (street) setback (double frontage lot)
20 feet' ..:': '.
.'In' ," "d b k . c..t'..:..:.....,.~',.,\~~, ,. . . '."
, tenor 5l ~ set ac. .' :';:)~:,~":. '$:~' : ,,:", ~~~.'";;-{::.I'.}.j. '~<-;.(.. :.:.,;., ,
! ..~.;.;-+- ~." . . " ~ :..: '.~.": ~,','~ :::"".~5~+~, :.........~,:~fl. ,..;. :",-'- ~. . . . .~.:l;.ta.G'~~.:t~'~~~l~J~"~~~"~e,;~.~-
....~..::~....t~ '. . , . .' _'I _~ u.r7i1,"t,...-:;r.t....J; ...t..+'" .. ,; ..~.:.~":.'1i"..!P'...~t'1t;t: .:'.;-t~.~ r"""~"'~~~~.';
~lm~~;,~~ts~~~~~!r~:B6!.~~V~~)t:;t~~;::\~~~;0~}~~:i:~1~~\~:~:\i~~1~?;;~~J~~~;;~1~~tlii;~~~i;t~i~I~I~{~~l'l
Come( side setback! AU other streets
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45. Retention Pond Location. To the extent practicable given sound engineering
practices, the retention area for Tract B shall be located so as to serve as a buffer between
the residential lots and Landmark Drive. DrainaGe pipes may be placed between lots or
structures provided they are centered in i\ utility eascment that is no less than 15 feet
wide: in the event of a conflict between such required width of casement and required
setback 1 the required widlh of easement shall control. Upon convcx.ance to individual lot
owncn:. said easemcnts shall be depicted upon a survey provided to the individual lot
119
.-
>'
owners.---EJpccmcnt of any stmcture. inchldin2 but not limited to pool pecks, scrccn~sJ
porches, hot tubs, and pennancntly installed barbecue erills. shull not be made within thQ
easement area, except that fenciOi may be so placed. Any structure. fcn(;inl:. or
landscapiUi placed in the casement area shall be s\Jbject to removal in the course Qf
C' J . d . . h d' .
Ity S repair an maintenance operatIons upon t c ramoi:e pipes.
46. Ri2htwof-Way. City will allow Tract A to be developed as a Planned
Residential Development utilizing interior fifty (50) foot wide rights~ofwway, with a thirty
(30) foot roadway, subject to the provisions contained elsewhere in this Agreement. The
parties agree that the Landmark Drive improvements which City shall make will be
limited to a two~lane roadway with seventy (70) foot right-of-way adjacent to the
Property, and that City shall not be obligated to make any additional improvements to
Landmark Drive. Developers agree that the said improvements to Landmark Drive in
addition to the ingress/egress driveway improvements referenced in Paragraph 35. above,
constitute adequate access to the Property, both unimproved and with the improvements
contemplated by this Development Agreement. City hereby acknowledges that vehicular
access to Tract B is through an access easement across property currently part of the City
of Safety Harbor. This access is hereby agreed to as being acceptable by City and City
will not require separate and different access than that already provided.
47. Availability of Infrastructure. The roads. landscaping. and other internal,
DeveJoperwprovided infrastructure serving each residential unit shall be completed before
a certificate of occupancy may be issued for the unit. The roads. landscaping, and other
internal, Developer-provided infrastructure serving the office development shall be
completed before a certificate of occupancy may be issued for the office development.
48. Utility Installation: Site Lightin~. Developers shall instaJJ aJI utilities
WldergroWld where practical and shall screen all utility facilities. Developers shall
comply with all City ordinances regarding site lighting in effect at the time of application
for the building permit for those improvements, and shaH utHize shaded light sources to
illuminate all signs. facades. buildings, parking and loading areas. and shall arrange such
lighting so as to eliminate glare to properties lying outside the Property. In addition to
the foregoing requirements. the lighting for Tract B shall be directed away from any
residential areas or street rights~of~way, and site lighting for Tract B shall be equipped
with 90-degree cutoff features.
49. Parkin2. Developers shall provide parking on the Property consistent with all
provisions of the technical building codes in effect at the time of application for the
building pennit for those improvements.
50. Easements, All lots in both Tracts A and B shaH be encumbered with a
fifteen (15) foot utility easement along any property line which abuts any City right-of~
way except that a ten (10) foot utility easement shall be provided for along those lots
wmch abut Landmark Drive and on the right-of~way portion of the interior drive of all
comer lots of the subdivision. An such easements shall be evidenced by a recorded Grant
129
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of Easement which shaH be perpetual in duration and shaH allow access, ingress and
egress for purposes of installation, repair, and maintenance of all City utilities.
51. Use ofCHy's Stonnwatcr Retention Area. Pending approval of Developers'
application for appropriate stonnwater retention and disposal by the Southwest Florida
Water Management District, City shall allow Developers to discharge storm water into
City's retention area which abuts Developers' property to the north of Tract A and south
of Tract B. However, in no event shall such use of City's retention area by Developers
exceed pennitted amounts in volume, cause City to exceed such amounts, or cause a
maintenance or safety problem. Developers shall submit to City, prior to any discharge,
calculations which show that such discharge volume does not violate or cause City to
violate provisions of State of Florida or Southwest Florida Water Management District
stormwater permits or cause a maintenance or safety problem. Final subdivision layout
shall utilize on~site stonnwater retention as a buffer between Landmark Drive and the
residential development to the extent possible given sound engineering practices....
Draina~e pipes may be' placed behvecn lots or stmctllrcs provid~d they are centered in ~
utility easement that is no less than IS feet wide: in the event of a conflict between su~h
required width of easement find reQlIired sctbnck~ the required width of easement shaH
control. Upon conveyance to illdividuallot owners. said easements shall be depicted upon
il survey provideq to the individmillot owners. Placement of any s1nIcturc~ includina but
not limited to pool decks, screened porches, hot tubs, and pcmlancntly installed barbecue
grills~ shall not be made within the casement are", except that fencing may be so placed.
Any structure, fqncing. 01' landscaping placed in the easement area shall be suQject to
~moval in the cQ).lrse of City's n~Pf\jr and mijintenancG operations upon the drainage
~
52. City Coop~ration. City shall cooperate with Developers in any reasonable
manner such that both Developers and City can comply with the terms of this Agreement.
Specifically, as long as Developers propose development improvements consistent with
this Agreement, City will join in any drainage permit applications or other similar pennit
applications as needed to complete the s~heme anticipated herein; however, this provision
shall not be construed to require City's participation in any litigation, whether
adIninistrative or judicial, or to render City liable for any attorney's fees or costs of said
litigation.
53. Costs and Attorney's Fees in Litigation. In the event that either party seeks to
enforce this Agreement or to interpret any provision of this Agreement by the institution
of litigation, excluding bankruptcy proceedings and matters ancillary and related thcrctot
and including any appellate proceedingst the parties agree that all costs actually incurred
in such litigation, including reasonable attorney's fees, shan be awarded to the prevailing
party .
119
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IN WITNESS WHEREOF, the Parties. by thcir duly authorized undcrsigned
representatives. have executcd this Development Agreement on the date and year first
above written.
DEVELOPERS:
James A. Vogel ,} Witness
Type or print name
,
Witness
Type or print name
Hazel E. Vogel Witness
, c
" Type or print name
Witness
Type or print name
CITY OF CLEAR WATER A TrEST:
. Mayor Rita Garvey
Cynthia E. Goudeau, City Clerk
Approved as to form and legality:
Leslie K. Dougall-Sides
Assistant City Attorney'
~'
l19
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EXHIBIT A
LEGAL DESCRIPTION COMMON TO BOTH PARCELS: A portion of the northwest
1/4 of the northwest 1/4 of Section 33, Township 28 S, Range 16 E, PlneJlas County,
Floridat said tracts being more particularly described as follows:
TRACT B: Commence at the southwest comer of said northwest 1/2 of the northwest
1/4 of Section 33, the same being tlie northwest comer of Shady Oak Farms as shown
on the plat recorded in Plat Book 80, Pages 95 and 96, public records of Pinellas
County. Thence north 00001'46" E. along the westerly boundary of said northwest 1/4 of
Section 33, 509.19 feet, to the point of beginning. Thence departing said westerly
boundary south 89030'48" E., 625.02 feet; thence south 00001'46" W., 505.47 feet;
thence north 89051'15" W., 625.00 feet; thence north 00001'46. E" 509.19 feet, to the
point of beginning.
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EXHIBIT 8
LEGAL DESCRIPTION COMMON TO 80TH PARCELS: A point of the northwest 1/4
of the northwest 1/4 of Section 33. Township 28 S. Range 16 E, Pinellas County.'
Florida, said tracts being more particularly described as follows:
TRACT A: Commence at the southwest comer of said northwest 1/2 of the northwest
1/4 of Section 33. the same being the northwest comer of Shady Oak Farms as shown
on the plat recorded In Plat Book 809 Pages 95 and 96, public records of Pinellas
County; thence N. 00001146" E., along the westerly boundary line of said northwest 1/4
of Section 339 509.19 feet; thence departing said westerly boundary, 8.89030148" E'I
330.00 feet to the point of beginning. Thence run north 00001946" E" 160 feet; thence
south 89030'48" E.. 29S.02 feet; thence south OOOOf46" W., 160 feet; thence north
89051915" W'I 29S~02 feet, to the point of beginning.
=--.,1 ~~h.'r...iA~U...:;):,\;'-...~_::i,..;.~\"j+-'l.f.r,,;.'t.iit'~"""""""'''' .....~. .' .
.. .~ .. '.",. ~. I...,....,.,... >.. .....q. .............'l....... ~.... _ .
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EXHIBIT C
Se-e
A3e-ndO-.1)(a.w\VjS
I' ,
[Conceptual Plan - Anclote
Engineering
, dated June - 95]
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CITY 01' CLILARNATZR
Interdepartment Correspondence Sheet
TO:
Bl!:abeth M. Deptula, City ManafYer
Richard J. Baier, City Engineer
Pamela Akin, City Attorney
Leslie Dougal16Sides, Assistant City Attorney
Scott Shutord, Director of Central permitting
Lou Hilton, Senior Planner
Terry Jennings, Chief Bngineer
Oakbrook Estates/Oakbrook Plaza/Vogel Development
May 17, 1996
PROHI
COPIES:
StrBJBCTI
DATI:
All requested by the Legal Department, I am providing these tentative and
essential terms required by the Land Development Code Section 36.116 regarding
the terms of a mutually acceptable development agreement. Insofar as the items
of mutual agreement, they are:
.
All stom drainage comply to City of Clearwater code and Southwest Florida
Water Management Regulations irrespective of any representations made on
the attached plans,
All six inch wnter lines shall be looped through and connected to the City
system'at ths Oakbrook Commercial Center.
The sanitary and water lines are to run through the northeastern most loto
at the Oakbrook Center and shall be placed in oS lS' easement. The
sanitary line shall have no services in this location and the water and
sewer lines shall be spaced a minimum of three feet apart.
Roadway under.drain shall be provided on one side of the city street and
the side shall be selected at a later date by the City Engineer.
A lot drainage sheet and topography extending 50' beyond the site shall be
submitted with the project design plans during the site permitting of the
project.
On the plat, the developer shall dedicate a 15' drainage and utility
easement abutting the interior roadways.
On the plat the developer shall provide for a sight triangle easement on
the plat where the: proj ect road or roads' cc:mnect to Landxn4rk Dri ve . This
easement shall assume a 40 mile per hour design speed for Landmark Drive.
Sidewalks shall be required on both sidea of all interior streets and will
,be a minimum width of 5' vide.
.
.
.
.
.
.
.
.
No storm pipes phall be placed betwee~ the tvo buildings.
Site density, shall not exceed five units per acre, based on the acreage
owned by the developer prior to the time of right.ot-way dedication.
Drainage as depicted on the attached plan is conceptual, in nature, taking
into account oite fActors and constraints A8 they are currently known.
The outfall shall be to the City of Clearwater retention area ~hich shall
provide street flow. Said connection i8 contingent upon the compatibility
of the outfall of the development and the permits that exist now between
the City of Clearwater and the Water Management District.
.
.
EXHIBIT D
r-
t'
.'
Oakbrook B8tat~./Oakbrook Plaza/Vogel Development
May 17, 1996
Page 2
.
This Bite plan is conceptual in nature,
permitting proces8, and vill be subject
Cocm\iosion, only it there are substantial
Development Code Section 40~261.
· No utility easement shall be required to be any larger than 1S' wide.
and may chango through the
to re~reviev by the City
changes as defined in Land
· This Bite shall have the prerequiBite Bhrubo and trees pursuant to the
City of Clearwater landscape ordinance.
· No lot shall be required to have any greater than 60' frontage or to have
any greater than 100' of depth. All lots shall have a 25' front setback,
10' rear setback and 5' side setbaCKS and no lots shall have more than one
front setback. Irrespective of the above all corner lots shall have the
above referenced setback except for the long dimensions fronting
additional right-Of ~way shall be a 10' setback and that the same side
setback shall have deed restrictive vehicular access. No lot shall be
required to have two front setbacks.
.
· All roadways shall be 30' in paved width from back of curb to back of
curb. Said roadway shall be placed inside of a 50' right~of~way with a
10' foot utility easement on either side of this 50' right-of-way. The
approval of this plan and the annexation of this parcel is conditioned
upon the adoption of this development agreement and the conveyance by the
owner to the City of Clearwater of the west 30' of the residential parcel
described herein on the attached plans.
· The developer is to give the City of Clearwater $2000 to be used towards
landscaping vi thin City property and/or right-of~way.
· Final subdivision layout vill attempt to utilize on-site retention as a
buffer between Landmarx Drive and the proposed residential lots to the
extent possible given sound engineering practices.
· Show any proposed buffer along Landmark Drive.
RJB/ns
~tjfIo
&L><
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.crE
CLEARWATER CITY
COMMISSION
Agenda Cover Memorandum
\
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SUBJECT:
Downtown Redevelopment Plan Modification ~ Incorporation of Winn Dixie project.
RECOMMEN DA TION/MOTION:
Approve proposed modification to the Downtown Redevelopment Plan and adopt Resolution
No. 96~48.
o and that the appropriate officIals be authorized to execute same.
SUMMARY:
· The eRA has expressed an interest in participating financially in the Winn Dixie
redevelopment project. In order to do so using CRA funds, the Downtown Redevelopment
Plan must be modified to include the redevelopment project. The CRA has adopted
Resolution No. 96~02 requesting modification of the Plan.
· The attached Resolution No. 96~48 modifies the Redevelopment Plan accordingly.
. The Planning and Zoning Board (Local Planning Agency) will consider this item on July 16,
1996, with the results of that meeting being verbally transmitted to the CommissIon on July
18, 1996.
· The Central Permitting Director advises that the modificatIon is consistent with the
Clearwater Comprehensive Plan.
"
RevIewed by: Orlglnotlng Department:
Legal f$h \?'.,:~?:' 'VMf:O ;ltt~(j;~N.fM(~~8M!tn~'t:(>::);,:J
Budget :~;,~~~~?:~mA;~:~:;~~;::: SS
Purche.lng V~fe~~:;#t:N/P;':w~t,,~: Usor Deportment:
Rrsk Mgmt. ~~~~~~~~({tNIA'~:~:1i;:~;~'~s: t.1~~r~.::L:~:~i/t..Ll?t~\~n~~'/:~:.:?r~.:.::.: i ;.~'.'~~~!<.".~ :~".::'; ,~':~
IS WHS+XN/A,'hPl\W
Costs:
,.. >.-,',.. "'.:'....:',:,N/A':'
Totlll
i: : ",:',:: i":': :',':::"::.:;:;: NiA':
Current F).clIl Yllllr
CRA ActIon:
o Approvlld
o Approved w/Condltlon.
o Denied
o Contlnued 10:
Funding Source:
o Capllallrnp,Qyament;
adM. .- lAmS'" ;~~lt~~t~l~~~~~J;i,i' ~,." OP"'''''':WA< " " " " , '. '
Submitted by: 0 Not RequIted , " ,.. ApproprIDt!,o~ ,Codo ,
~~ Affected Parties: ':.:.':'.'., .",,"..~,:'::i,,::,,'::; ,':::,.... d':";"
o Notified
City nag an Not RequIred
Attachments:
XRESOW,tioN' NO'~ :,9~;48':,:',:
o None
o Printed on recvcled paper
,
,
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RESOLUTION NO. 96-48
A RESOLUTION OF THE CITY OF CLEAR\V A TER CITY
COMMISSION AMENDING TilE COMMUNITY
REDEVELOPMENT PLAN FOR THE COMMUNITY
REDEVELOPMENT AREA LOCATED IN THE DO\VNTO\VN
AREA OFTHE CITY OF CLEARWATER; MAKING FINDINGS;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Resolution No. 95~65 adopted by the City Commission of the City
of Clearwater on August 17, 1995 established a community redevelopment plan for a
certain area in the downtown area of the City of Clearwater (the "Downtown
Redevelopment Plan") in full compliance with the requirements of Part III, Chapter 163,
Florida Statutes (the uRedevelopment Act") for such plans; and
WHEREAS, changing circumstances now require modification of said community
redevelopment plan as more fi)lIy described in Exhibit A attached to this resolution;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF
CLEARWATER CITY COMMISSION duly assembled this 18th day of July 1996,
Section 1. Findings. Based on information presented to it, the City of Clearwater
City Commission does hereby find:
(a) The proposed redevelopment of property generally located at the northeast
comer of Cleveland Street and North Myrtle Avenue with a grocery store and
associated commercial andlor office uses is consistent with the overall purpose
of the Downtown Redevelopment Plan and is necessary and appropriate to
facilitate the proper growth and development of the community in accordance
with sound planning standards and local community objectives.
(b) Acquisition of the proposed redevelopr:nent property for this purpose requires
the exercise of governmental action, as provided in the Redevelopment Act,
because of deterioration of the site, economic disuse, and faulty lot layout.
(c) The Local Planning Agency and Community Redevelopment Agency have
recommended approval of the proposed amendment to the Downtown
Redevelopment Plan.
(d) The proposed amendment conforms to and complies with the requirements of
the Redevelopment Act. In particular, the amendment:
-Displaces no families or other residents;
-Conforms to the Comprehensive Plan of the City of Clearwater;
-Does not create the need for additional parks and recreational facilities; no
inadequacies for such parks and recreational facilities now exist or are anticipated
to exist in the future in the area; and
-Establishes an opportunity for private redevelopment of the area through
the provision of support services for the residential development anticipated in the
Downtown Redevelopment Plan as well as creating an opportunity for a
public/private partnership that will result in the largely private provision of an
urban grocery store and associated retail facilities.
RESOLtmON NO. 96-48
PAGE 1
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, Section 2. Extent of Plan Amendment. Only those sections and pages of the
Downtown Redevelopment Plan revised under Exhibit A are to be replaced, superseded,
and amended by this Resolution.
Section 3. Adoption of Plan Amendment. The proposed amendment to the
Downtown Redevelopment PJan more fuUy described in Exhibit A is hereby adopted by
the City Commission of the City of Clearwater, Florida.
Section 4. Effective date. This resolution shall become effective immediately
upon adoption.
PASSED AND ADOPTED this
day of
. 1996.
\. ~
Rita Garvey, Mayor
City ofClearwatp,f
Approved as to form and legaJ sufficiency:
Attest:
Pamela K. Akin
City Attorney
Cynthia E. Goudeau
City Clerk
RESOLUTION NO. 96-48
PAGE 2
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Item # 12
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Clearwater City Commission
Agenda Cover Memorandum
~ ..'.,....,.'..,,
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Item U: . ,',',: '..':- ":'",::
Meeting Date: :fJ,,'.)J~.~'? .
SUBJECT:
land Development Code amendment excluding City-owned property from eligibility for minor
variance consideration, excluding any property from minor variance consideration where
variances are granted in excess of specified limits 1 and allowing minor variances for
freestanding sign setback up to five feet. (LDCA 96-10)
RECpMMENDA TIO N/MOTIO N:
Approve the above~described Land Development Code amendment and pass Ordinance No.
6028-96 on first reading.
rJ and that the appropriate officIals be authorized to execute same.
BACKGROUND:
This code amendment was prepared in response to two areas of concern expressed by the
Development Code Adjustment Board regarding the minor variance program:
. The Board was concerned about the potential for the minor variance program to result in
"cumulative" variances. They cited a minor variance case involving a property which had
previously received a parking variance. Staff approval of the requested minor variance for
parking on this site, in effect, exceeded the limits of the minor variance program if both
variances were added ,together. The Board asked that staff develop code changes to
eliminate the potential for cumulative variances under the minor variance program.
. The Board requested that City-owned properties be excluded from minor variance
consideration. They did not feel there were particular cases in which minor variance approval
involving City property resulted in the appearance of a conflict of interest, but they wanted
the City to have a completely unbiased review of code deviations affecting its properties.
Staff has also added the following changes:
. Relettering the list of minor variances to delete IJReserved" from the list.
Revlowed by: \.D-< OrigInating Department: Costs: Commission Action:
bgel Centrel Permitting N/A o Approved
Budget N/A User Departm~? Total o Approved wJCondltlonll
Purchllllng N/A o DenIed
Risk Mgml. NJA Current frscal Veer o Continued to:
IS NJA Funding SoureD:
ACM -v~(0 o Caplla'
lmprov.manl:
Other N/A Advertrnd: 0
Oparatlng:
Dete: 0 Attachments:
'/~S\ Olh,r:
Pope,: OrdlnQnco No. 6020.S0
Submitted by: 0 Not RequIred Appropriation Code
CIIV~~ Affocted Partlos:
- C Notified o None
181 Not Required
o Printed on ,ecvcled peper
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LDCA 96.' 0
Pago 2
. Allowing minor variances for freestanding sign setback for the full five feet required by code,
reflecting the Commission's typical approval of sign setback variances.
On June 13, 1996, the Development Code Adjustment Board recommended approval of this
amendment.
. I.'
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,.
ORDINANCE NO. 6028-96
AN ORDINANCE OF THE CITY OF CLEARW A TER,
FLORIDA, RELATING TO THE LAND DEVELOPMENT
CODE; AMENDING SECfION 45.23, CODE OF
ORDINANCES, TO EXCLUDE CITY~OWNED PROPERTY
FROM ELIGIBILITY FOR MINOR VARIANCE
CONSIDERATION AND TO EXCLUDE ANY PROPERTY
FROM ELIGIBILITY FOR MINOR VARIANCE
CONSIDERA nON WHERE VARIANCES ARE GRANTED IN
EXCESS OF SPECIFIED LIMITS; TO ALLOW MINOR
VARIANCES FOR FREESTANDING SIGN SETBACK UP TO
FIVE FEET; PROVIDING AN EFFECfIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. Section 45.23, Code of Ordinances, is amended to read:
Sec. 45.23. Procedures.
*
.
*
*
*
(3) A minor variance may be approved by the development code administrator without
public hearing or authorization by the development code adjustment board or the city commission.
An application for minor variance shall comply with the submission requirements of section 45.22;
however, a minor variance shall not be subject to the notice and heming requirements of Article IV
of Chapter 36. An applicant may request to go through the full variance procedures of this chapter
if the decision made by the development code administrator is not acceptable to the applicant. ~
owned PfQJ>Crties shall not be eligible for minor variance consideration and no property shall be
eligible for minor variance consideration where variances are granted in excess of the limits
~ified below. A minor variance may consist of one or more of the following;
(a) Side setback. Variation of a side setback of no more than ten percent or two feett
whichever is less.
(b) Rear setback. Variation of a rear setback of no more than ten percent or five feet,
whichever is less.
(c) Street setback. Variation of a strcct setback of no more than ten percent or five
feet, whichever is less. '
(d) Open space. Variation of an open space requirement of no more than five percent.
(e) Front yard open space. Variation of a front yard open space requirement of no
more than five percent.
(f) Landscaping.
1. ~ Interior parking lot. Variation of the required interior landscnping for a
parking lot to require less than six percent. but not less than five percent. of
j'
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i,
, ,
I
the total paved area of the parking lot or vehicular use area to be landscaped.
Abutting streets. Variation of the required width of perimeter landscaping
abutting a street of no more than one foot.
Abutting adjacent property. Variation of the required width of perimeter
landscaping abutting an adjacent property of no more than one foot.
(g) Number of parking spaces. Variation of the number of parking spaces of no more
than ten percent, with the maximum number of parking spaces being varied limited
to ten.
2.
3.
(It) Rescr\'oo:
(hi) Fence height. Variation of fence height of no more than six inches.
(ij) Fence setback. Variation of a fence setback from a street right-of-way of no more
than six inches for the entire fence on anyone side of a lot, or up to three feet for
no more than ten percent of the length of the fence on anyone side of a lot.
Uk) Fence landscaping. Variation of required landscaping associated with a fence of no
more than ten percent of the length of the fence on anyone side of a lot.
(kI) Signs. Variation of freestanding sign height of no more than two feet, of
freestanding sign setback of ~p to five feet no mmc tJUlft t'NO feet Oft any olle side of
&-lat, and of freestanding or attached sign area of no more than ten percent.
Section 2. The provisions of this ordinan~ are found and determined to be consistent with
the City of Clearwater Comprehensive Plan.
Section 3. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND
FINAL READING AND ADOPTED
Rita Garvey, Mayor-Commissioner
Approved as to fonn and
legal sufficiency:
Attest:
Cynthia E. Goudeau, City Clerk
ORDINANCE NO,
2
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........... Item #13 moved to ..
8-1-96
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(8
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Clearwater City Commission
Agenda Cover Memorandum
I ~ Item g. [';:;:',;':;,x:::t:e;::
Meeting Date: i'.'t!-.?trtq~
::.:..:..:.... "::.." ,:::..,
SUBJECT:
. Petition for Zoning Atlas Amendment on Fairburn Avenue, Engman Street and Betty Lane;
Owner(s): Multiple/City of Clearwater. (Z96-06)
RECOMMENDA TION/MOTION:
. Approve the petition for Zoning Atlas Amendment from Neighborhood Commercial (CN) and
General Commercial (CG) to Infill Commercial (CI) for properties described below, and pass
Ordinance No. 6055~96 on first reading.
. Fairburn Addition, Block A, Lots 1 & 2; Block B, Lots 1 through 4 and Block C, Lots 5 & 6
. Pine Brook Unit 2, Block E, Lots 1 3 through 16
. Pine Ridge, Block C, Lot 10; Block 0, Lots 8 through 13 and Block E, Lots 8 & 9
. Stevenson's Heights, Block A, Lot 27
iii and that the appropriate officials be authorized to execute same.
BACKGROUND:
This is a City initiated rezoning to allow more flexibility to property owners and developers by
minimizing some of the zoning restrictions experienced by developers in these areas while
protecting surrounding properties. The subject properties involve multiple owners. These
properties have mixture of zoning districts which include Infill Commercial (CI), Neighborhood
Commercial (CN) and General Commercial (CG) respectively (see Map 1). A comparison table
on zoning district requirements is also provided. A review of this table when compared with
the Neighborhood Commercial (CN) and General Commercial (CG) zoning district requirements
indicates that the Infill Commercial (CI) district will be more advantageous to property owners
and developers. It is proposed to rezone these properties Infill Commercial (CI). The proposed
zoning district has the highest number of permitted and conditional uses, highest residential
density, less lot size requirements, less street right-of-way setback and minimum lot open
space requirements. The current land use plan classification for these properties is Commercial
General (eG) which will not be changed.
RevIewed by: (')< c l-l. Originating Department: Costs: Commission Action:
Leual CENTSiMITTING o Approvad
BudUI' NfA Total o Approvad w/Condltlon.
Purchulng NfA Usor Cop ont: o Denied
RI.k Mgmt. NfA Current FIlIeal Vlar o Continued to:
18 NfA Funding Sourco:
ACM --t'!: YL.- o Cap/tal
Imptollllll4lnt;
Othar Advlrclud: 0
OpI,ltlnll:
Oltl: 0 A ttochmonts:
;:::'\ Otll.,:
(c19r. Piper: ORDINANCE NO. 6056.96
Submitted by: o Not R.qulr.d Appropriation Code LOCATION MAP
afi~ Affocted Partlol: MAP 1 &. 2
APPUCATION
a Notlflad o None
o Not Rlqulrld
o Prlntld on rlcycled paper
r.
~-"'-T-:--..,:;r.
--.
ro
Z 96-06
Page 2
Existing land uses In these areas Include outdoor storage, single family residential, residential
shelter, commercial (vacant), vehicle and retail services (see Map 2~. Some of the existing uses
In the CG zoning district will not be allowed to expand. In CG zoning district for an example,
multiple family residential is not a permitted use but it is a permitted use in the CI zoning
district. Of all the existing land uses in these areas, only the single family residential use will
be non-conforming In the CI district.
Pertinent Information concerning the request is summarized in the tables below.
ZONING RESTRICTIONS
Lot Area
Lot Width at setback line
De th
Floor Area Ratio
CG
REQUIREMENTS
24 u.p.a./40 hotel/motel
units max.
10,000 s . ft. min.
100 feet minimum
100 feet minimum
0.4 maximum
:::'<:':':\:'j:i::)i;'(:;:::;igI:':;:!:):;:ti::\):,::~~,::;~:~,;::; ::::i~::':;:::'.~';1::H
"REOUIREMENTS:::"",,: ..,';~',,':::,',,:,:,
:~;~~i~~t%~'~~~i::'~~;~:~~';~m(~,~~I,;;;:;~
~:;7::500-'s' /,e::mirii\;/,::':y)::\,::::V:
\7 5 \fe:et1 iiiiriinlUiri ,}\};(:,:.:;',:"'::J, r,;
::'100~;fe.e f:rilhiimliin:'i'-"
: 0 ~ 4::maximum.::: ::::::'.~,i.
CN
REQUIREMENTS
28 u.p.a./42
hotel/motel units max.
10,000 s . ft. min.
100 feet minimum
100 feet minimum
0.3 maximum
DESCRIPTION
Density
The Planning and Zoning Board held a public hearing on this application on June 18, 1996 after which they
unanimously endorsed the proposed Zoning Atlas Amendment to Infill Commercial (CI) to the City Commission.
OTHER ReQUIRED ReVIEWS
YES
NO
AGENCY
Plnellas Plannln Council/Count wide Plannin
Florida De artment of Communit Affairs
x
X
. ABBREVIATIONS: CG = General Commercial (City), CI == Infill Commercial (City), CN == Neighborhood
Commercial (City), u.p.a. = residential units per acre.
Z9606.cc
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ORDINANCE NO. 6055-96
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA1
AMENDING THE ZONING ATLAS OF rHE CITY BY REZONING
CERTAIN PROPERTY LOCATED ON FAIRBURN AVENUE,
ENGMAN STREET, AND BETTY LANE; CONSISTING OF
FAIRBURN ADDITION, BLOCK A, LOTS 1 AND 2; BLOCK B,
LOTS 1 THROUGH 4t BLOCK C, LOTS 5 and 6; PINE BROOK
UNIT 2, BLOCK Et lOTS 13 THROUGH 16; PINE RIDGE BLOCK
G, LOT 10t BLOCK D, LOTS 8 THROUGH 13, BLOCK E, LOTS 8
AND 9; AND STEVENSON'S HEIGHTS BLOCK Al LOT 27; FROM
NEIGHBORHOOD COMMERCIAL AND GENERAL
COMMERCIAL TO INFILL COMMERCIAL; 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 Cityts Comprehensive
Plan; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATERt FLORIDA:
~ection 1. The following described property in Clearwater, Florida, is hereby rezoned, and
the zoning atlas of the City is amended as follows:
Property
See Exhibit A (Z96-06)
ZonIng District
From: Neighborhood Commercial - (eN) and
General Commercial w (CG)
To: Infill Commerclal- (CI)
Section 2. The Central Permitting Director is directed to revise the zoning aUas of the City
In accordance with the foregoing amendment.
Section 3. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Rita Garvey, Mayor-Commissioner
Attest:
Leslie K. Dougall-51 e I Asst. City Attorney Cynthia E. Goudeau, City Clerk
IDm:~aW~~
~ J UN 1 4 1996
CENTRAL PERMrrrlNG
CIT~{QLQl.E;\8WATER
Ordinance No.60S5--96
,~
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LEGAL DESCRIPTION
Proposed Rezoning on Fairburn Avenue. Engman Street and Betty lane
GENERAL LOCATION,OF PROPERTIES:
Fairburn Addition, Block A, Lots 1 & 2
Block B, Lots 1--4
Block C, Lots 5 & 6
'Pine Brook Unit 2, ,Block E, Lots 13--16
Pine Ridge,
Block C, Lot 10
Block 0, Lots 8-13
Block E, Lots 8 & 9
Stevenson's Heights, Block A, Lot 27
Lots 1 and 2, Block A, Lots 1 through 41 Block B, and Lots 5 and 6, Block C1 Fairburn Addition, as
recorded in Plat Book 12, Page 18 of the public records of Pinellas County, Florida;
and
Lots 13 through 16, Block E, Pine Broo,k Subdivision, Unit No.2, as recorded In Plat Book 23,
Page 71, of the public records of Plnellas County, Florida;
and
Lot 10, Block C, lots 8 through 13, Block 0, Lots 8 and 9, Block E, Pine Ridge, as recorded In
Plat Book 28, Page 98, of the public records of Plnellas County, Florida;
and
Lot 27, Block A, Stevensoh's Heights, as recorded In Plat Book 34, Page 13, of the public
records of Plnellas County, Florida.
I'
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i.
I
EXHIBIT A
Ordinance No.6055-96
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PROPOSED REZONING Revised 06/07/96
.," "-
on ,Fairburn Avenue, Engman Street and Betty lane
OWNER:
APPLICANT
Multiple
City Of Clearwater
.
.
PROPERTY DESCRIPTION:
Fairburn Add Blk A Lots 1 & 2
Blk BLots 1-4
Blk CLots 5 & 6
Pine Brook Unit 2 Blk E Lots 13.16
Pine Ridge Blk CLot 10
Blk 0 lots 8-13
Blk E Lots 8 & 9
Stevenson's Heights Blk A Lot 27
FROM:
TO:
ZONING
CN & CG
CI
ACRES: 4.05
ATLAS PAGE: 269B .. '........ .... . .. ..,..... .. . . ~'.' .. .
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j::.~J,J\NN11'(.~:,t':~P.~~9.NJNG~.B^()A6o.'inJ(.Hl:.. .";' !l!JE)';,::, ~;'; .::; .',\' ,"n. .. .c' -," .n... ..... ... ,.. "~~~'. ~.'- {".,',i ~: ~r,.".;.,~.,./~"j,:".r.M:{b!~1'.:/L\.:.;.
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CITY INITIATED
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'ZONlltO An.AS AHUfDH!;ttT AI"LlCA'rlO1'
t..:~~":'..-..;'. :~:~,. ..i ;;. ~ .~;.I~~.~
DATE 5/30/96
APPLICANT:
CITY OF CLEAIUIA'ttR
ADDRESS: '.0. lIoJII 1.748. Cl..rvatu. FL 3\,'8'. PHOHE 562':'/:1567
PROPERTY owa(S): City or CIHnotllr
ADDRESS P.O. Sox U.t8. CI..",IUr. FL 34618 PHONZ...:.:.s.G2.-4 ~6 7
LEGAL DESCRIPTION OF PROPERTY (SUBJECT OF REQUEST) "
Ca.U,AL LOCATIO"
See Exhibit A
ACREAGE
S,49
PR!.SENT unmc DlS'IRlCT
REClUESTED ZONING DISTP.1CT
CN AND CG
CI
CITY COHPRDtEMSIVE LAPD USE CATEGORY
CCUNT'f COMPREHENSIVE ~ND ~st OneaR!
REASON FOR REQUEST To;:l' , nwo more flexibility to developers by
minimizinq certain zoning restrictions such as set backs,
residential mixed uses, permitted andconditional .uses, lot
area and width in these areas while protecting surrounding
properties.
IS TAE REQUESTED ZONiNG DISTRIct IN CONFORHAlJCE \ltTll THE CLEARUATER
'COHPREHENSln LAND USE PLANt YEB.JL...NO_
Hat.: If th. r.qu..t.d can. ch.nse 1. not can.i.t.nt v1th th.
elt,', Land U.. Plaa, th. applicant ~ill b. r.Qui~.d to
fl1. a carr..pondlna .ppl1catlon to a..nd th., taad u..
plan. '
IS THE REQUESTED ZONING DISrtlCT IN CONFORHAHCE WITH THE PINELLAS COUNTY
COHPt\EnENSIVE LAftD USE PLANt n:s X NO
.. --
LIST AttY OTHElt PERTINENT INFORMATION SUBHITTED
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ENGMAN AND BETTY LANE EXISTING ZONING CLASSIFICATION
CN - NEIGHBORHOOD COMMERCIAL
CI - INFILL COMMERCIAL
CG - GENERAL COMMERCIAL
Atlas page 269 B
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MAP 2
PRQPOSEU ~ZPNING ON ENGMAN AND DEITY LANE
.
Z 9U& IpilSTING LAND USES
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OWNER/APPLICANT
VARIOUS OWNERS
.:.:.:.:.:.:. V2HICLB BERVIOS
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. SINCJLB IUILY
LAND USE FLAN
mOM: COMMERCIAL GENERAL
I ZONING
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Clearwater City Commission
Agenda Cover Memorandum
\ c::: Item #: (":":<'H:':::'>~:::"':':'::
~eeting Date: !!l:~?:'2),::~:H~~,:q
co. ... ,
SUBJECT:
Variance to the Sign Regulations;
(Owner/Applicant/Representative) .
2320 Sunset Point Rd.;
Marco Cheaib/Easy Pick
(SV 96-11)
RECOMMENDATION/MOTION:
Deny the following variances: (1) a variance of one freestanding sign to permit two such signs, and
(2) a variance of 233 square feet from the permitted 64 square feet to allow 297 square feet of
freestanding sign area, on property identified as Lot 1 8 and part of Lot 17, Block B, Sunset Point
Estates, for failure to meet Sec. 45.24, Standards for Approval, items (1 )-(4).
lEI and that the appropriate officials be authorized to execute same.
BACKGROUND:
. This property is located on the northeast corner of Sunset Point Rd. and Atlantis Ave., and is in
the General Commercial zoning district.
. The applicant is requesting the following variances: (1) a variance of one freestanding sign to
permit two such signs, and (2) a variance of 233 square feet from the permitted 64 square feet
to allow 297 square feet of freestanding sign area.
. The applicant desires to place a 60 square foot freestanding sign to advertise his business.
. The applicant states that the requested sign is necessary to enhance the visibility of this
business, particularly to westbound traffic on Sunset Point Rd" which is not afforded a good
view of this store.
. The applicant purchased this property in May, 1995. At the time of purchase there was one
freestanding sign on this property. However, it did not conform to the size and height
requirements of the code. The sign stands 42.2 feet high and has an area of 237 square feet.
. The existing 42.2 foot high, 237 square foot sign is illegal. It has been illegal since October 13,
1992, when it was not modified or removed in accordance with See, 44.55 of the City sign
code.
. On July 20, 1995, the applicant entered into a real estate lease with Patrick Media for this illegal
sign.
Reviewed by: :~:dl::~;'-;::" Costs: Commission Action:
~~~m\t~~~;:Nj if~i~:m~:~f.~~:::~: ...d NIA H
Leglll 0 Approved
Budget f~~~;~; ~::::r::.N I A ~::: ~\~ t~::~< Totlll 0 Approvnd wJCondltlonl
.., ..
Purchll.lng WRi?('::,,N/A\\:;"(!?,:: .. 0 Dllnled
Rl.k Mgmt. \{n~s<i:: N fA ,::?,(,}:/~,;: Current Fhu:: II I Yellr 0 Continued 10:
IS ~.hi\W;.J<N A:,i:;:'{',,::::,:' Funding Sourco:
ACM ~~';i::~:~;'::~:::~.;~ :~ '.K.T'"...... 0 Capllal Im/lfllVllmant:
CRT ':t':-:',}:',"-d ."',.. . . Advertlled: 0 Ope,. ling:
. .. ... ... .
.'u": :;.~.;. ."../: .
:::~,tt,1f(:\\:::,::::: ?:~::,::H ,:):\::,:::::"!::: ,::,':'::' 0 : Attachments:
:
F ," Otllll/:
:: P.~p~H r>: ;~,:.:):',\,',;:,:.:.:: :,;:L:'::::.', :'::::, ,:, , "AppJl!;l~tlo~ ,
..
,...... ..... ~ .... ..:'
Submitted - 0 NOl Requlrlld Appropriation Code Appllcatlon Workaheet
by:
Clt~ Affected Parties: : " Mapa
.. : " ..... .... .. '" ..
1m No1lrled 0 Nonll
0 Not RequIred
o Printed on r.cycled pllpllr
j'
SV 96811
Page 2
The following table provides summary information regarding the proposed sign:
~:~,i;J;m:~!\~!~'~~f~~;;:f:{ef~~:~'~:~~/$ig h::,;,:,:, '., :.:-:' :,:::.,~:':,:.:), ,:;. :::,;)':::,;:i::}.;,i':::.:::/':,;:;<.i.i~,~J~~'i~:~I~~:~:~:{r~:::::<:::' ::':.', \::,'..
:-':;'::.';'<:: ",:
'~<:;,:,,:, : :'...:. ::'
')~?;~{l{t~~~{t~~\~)~}g;:~~;q:t::~:~;~~;~?{~\):.~::. {f~}J:#.~:i;er.q'~'~~~:~~:, ;~:;it~ii . .':: '.... > '.' .".:. ".J". .. .". '. < :" . .. "." ","', ." .....~. :'",. ....',,', "','g::t:::.\i:::;i:: :'~:::';::~:';i'!J;p:~f~:t~~~,:::~'.,ii:::?:::U:~:;
k' """"(!if"...'..,~tt' , ">,,..., ,,', :i:)>\:;{:: ;(; jieriY\lt~ed :::.:' ::,/i :':, '.;: ,:,:~".':;::,: '::':,ExlsH"g
':l:tWrX,,;, ,9nn~",~!Hi:6:>::( ':"':':"';:':"::':, ..,.""', : ,':
Type of signs Freestanding One freestanding sign Freestanding One freestanding sign
Location/orientation Sunset Point Rd. Yes, but only one Sunset Point Rd. Yes, but only one
of signs freestanding sign is freestanding sign is
permitted permitted
Area of signs 60 sq. ft. One 64 sq. ft. 237 sq. ft. No. One 64 sq. ft.
freestanding sign freestanding sign is
permitted
Setback 5 ft. 5 ft. lmin,) 40 ft. 5 ft. (min.)
Height 20 ft. One 20 ft. 42.2 ft, No. One 20 ft. high
freestanding sign freestanding sign is
permitted
Staff Comments! Analysis:
Existing conditions do not support approval of the requested variances; specifically:
· The owners of many businesses, large and small, throughout the City have modified and
removed signs to comply with the City sign code. The signs on this property should comply
with the sign code too.
· These are not minimum variances. The requested sign area variance is more than quadruple
the code allowance.
. One 64 square foot freestanding sign will reasonably allow for roadside communication on
this property., just as it does for other similarly situated properties.
· The aesthetic environment of the City is a substantial government interest. Approval the
requested variances will detract from the appearance of the City.
· The existing 237 square foot sign is unlawful and, therefore, the real estate lease which is
intended to prolong the existence of this sign is also unlawful.
. Should the Commission act to approve the requested variances, such approval should be
conditioned upon compliance with the sign code pending successful disposition of Patrick
Media Grouo. Inc. v. Cltv of Clearwater.
..
SV 96-11
Page 2
The following table provides summary information regarding the proposed sign:
::;,}:t::,/i,:<:i/+~': p"~' ,:",<'':''', ,,:::"~;t('S~>' ':":-::' " ' , ,-,',' ': 'e':\':" ,::.',' ";""'x~i." .. :', ':,":' ".i;:':':,:::,:~ ,?',:,::,:,:;:e:,',i
,~,::",,::,',:;':'\:',;r:,;'..',: rOp()~e ..., Igp... ':",;.: ; " I'..:::>..", ,':,<: ", XI,f)tlng,:",)gIJ, -::,:,:',:c,:::,','">:<',;::,,
0]I!jr.~fa.~;fu~ltW~i'lU;;'{!::~;:: :;f.:~~:,'~::~:;{'rici'p~:~e~::!~;\{ti~i,::: i;'l;[:E::'i)::,tfi:;r;hltt~~::' ::':::.: ",' ,:: ,:, I ;>,:; ::':,: ::':::" E~ tsti~ g ,::::': ': ::,;',::\: ::j\:}:,:::?:;::::t~:~~~itt~:~.::;{'::~:,::~:t;:;::
Type of signs
Location/orientation
of sIgns
Additional
freestanding sian
Sunset Point Rd.
One freestanding sign
Freestanding sign
One freestanding sign
Area of signs
60 sq, ft.
Yes, but only one
freestanding sign is
permitted
One 64 sq. ft.
freestanding sign
Sunset Point Rd.
Yes, but only one
freestanding sign is
permitted
No. One 64 sq. ft.
freestanding sign is
permitted
237 sq. ft.
Setback
Height
5 ft.
20 ft.
5 ft. (min.)
One 20 ft.
freestanding sign
40 ft.
42.2 ft.
5 ft. (min.)
No. One 20 ft. high
frees.tanding sign is
permitted
Staff Commentsl Analysis:
Existing conditions do not support approval of the requested variances; specifically:
· The owners of many businesses, large and small, throughout the City have modified and
removed signs to comply with the City sign code. The signs on this property should comply
with the sign code too.
· These are not minimum variances. The requested sign area variance is more than quadruple
the code allowance.
· One 64 square foot freestanding sign will reasonably allow for roadside communication on
this property., just as it does for other similarly situated properties.
· The aesthetic environment of the City is a substantial government interest. Approval the
requested variances will detract from the appearance of the City.
· The existing 237 square foot sign is unlawful and, therefore, the real estate lease which is
Intended to prolong the existence of this sign is also unlawful.
· Should the Commission act to approve the requested variances, such approval should be
conditioned upon compliance with the sign code pending successful disposition of Patrick
Media GrauD. Inc. v. City of Clearwater. '
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"
SV 96-11
Page 3
~,,"~',i~"'<<'i,~8;.:::;~d;::"<~"i'<'(::~":".''';'~'i,<c:,:, "c"', "',:-;,":::....:..,'c;':<;:,: SU RRO UN 01 N G ", LAN 0 'U S ES '..' " ,;",':': ,',:, '.. ' : '::<'" . )',:"':.: Of':': : '~"
{..;;fi~~;:.f;i~~~.~S.~?~~.#:i:~!i...~){~:l;~;;~.~;~~(.:~:~~:.;~~.;~~;:~;~.:::~:.~~~:..::~.~.:~~;.:.;.~T.~;;:./ >.;.' .~.'., .......... ..... ........ ...... . ..' .. .. '.. .. ~ :.~ .". , . ,. n:;.:.:.:~.i:.:..:.~:...~::.:~:.:~:: .... .'. . -..... . -j '::'. ,'.v >.,
Direction Existing Land Uses
North Child day care
South Offices
East Restaurant
West Indoor retail sales
Applicable Variance Standards:
To receive variance approval, a request must meet all four standards for approval. Based upon
review and analysis of the information contained in the application, staff finds that approval of the
requested variances does not meet any of the standards. In particular, the following standards do
not appear to be fullV met:
1. There are special circumstances related to the particular physical surroundings, shape or
topographical conditions applicable to the land or buildings, 'and such circumstances are
peculiar to such (and or buildings and do not apply generally to the land or buildings in the
applicable zoning district.
2. The strict application of the provisions of the code would deprive the applicant of the
reasonable use of the land or buildings. .
3. The variance is not based exclusively upon the desire for economic or other material gain by
the applicant or owner.
4. The granting of the variance will be in harmony with the general purpose and intent of the land
development code and comprehensive plan and will not be materially injurious to surrounding
properties or otherwise detrimental to the public welfare.
SV 96-11
Pa ge 4
Relevant Previous Decisions by the Commission:
NUMBER OF FREESTANDING SIGNS
iB~}1 111~i;~1 t.:: .::. ';. ~::: ~,..,:.~~,.:.~~:'t:\"~>:f .;.: ~~>:.\, ~.': ';. ~'.:: .: ~.:. ::~ . '::~'. :~'.. : :..:' ;: .c:. ~.": '. .:. . ,';yj~~'tP:~icig$','/,:;}::':,:/:i:',::;;~J:::'/;,;'~,: . n.. .... .
.. .......
" . . . n
"NAME....",........,.."....,.., '" ,', :',MEEtING'::,:,
. .. ....... 'Hn H .. . ... . .
:~~~::'~;',:';;:;:~:i,:~ :;;{;:::;:;;~!!:~/:l:'.:,:/~:~:'t!:~:;..,':f::,::r:: f:';:;;'::/},~,:,:,' :,::::;' . .. . .
::R.~Q.q,r:;'STEDI AGIiQi\f:,:':';:;, ,: DATE::',';,;:>:;'.. '.
", ...... ',. ...
SV 93-59 26810 & Rehabworks, 2 freestanding 2/7/94
26812 U.S. 1 9 Inc./Doctor's Walk-In signs/Denied
N. Clinic
SV 93-83 2100 & 2130 K-Ma rt/Payless 2 freestanding 217/94
Gulf to Bay signs/Approved
Blvd.
SV 92-95 23988 U.S. 1 9 Chevron/Dunkin Donuts 2 freestanding 1/24/94
N. signs/Approved
SV 93-75 24639 U.S. 19 Vacant (formerly First 2 freestanding 9/1 5/94
N. Florida Bank with signs/Approved
Parkside Office Complex
behind)
SV 94-39 2040 N.E. Klein & Heuchan, Inc. 2 freestanding 1 2/1/94
Coachman Rd. signs/Approved
SV 95-02 1264-1 274 Economy Inn/Big Apple 2 freestanding 1 /1 9/95
Cleveland St. Faml.ly Restaurant signs/ Approved
SV 95-' 2 1060 Gulf Sand Key Park 2 freestanding 3/1 6/95
Blvd. signs/Approved
SV 95-42 1530 Northwood Plaza and 3 freestanding signs (2 10/19/95
McMullen Republic Bank primary + 1
Booth auxlliary)/Approved
SV 96-08 1871 Gulf to Clearwater Bagel 2 freestanding 3/21/96
Bay Blvd. signs/Approved*
* This variance was approved, In part, because the owner of the existing illegal sign on this
property, 3M, is negotiating removal of the sign.
l.~~~'-~""'~.~i~~;:"'~f},f.' ~ "
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SV 96-11
Page 5
FREESTANDING S!GN AREA
1111 1I_~~i~ . . . . ... . c. ..... . . ." .." '... . .~. , < , , c.. . .'~.' n. ... . . '". .~ " ..~ '.'.. ......................:....
...... .. ...
':'NAME"':"..:::'::',:", ',::. "VARIANCE'S' ,..: ,..' :.., ..,.... '," '..,.. ~'MEEtiNG: ,,:
'. ~. .'<. '. ~ . . .". ", ......".
}i~i!:,:!:'::~i!,::::\/~':~,':,I:(;\:::\:,:,:,::',' ,,;:,',: '::::, ,;,,',:: :', ;';; ';::A'~dLJ;~S1Ef?;I~:2+i'6:b:,\,:(:::[;:'}:};':::::::::~ .. . . . . . .
\:QATE,',i' :);('i:::~;/,
SV 93~06 1621-1627 Connell's Plaza 144 sq. ft. add'l to allow 9/28/93
Gulf to Bay 208 sq. ft./Denied
Blvd.
SV 92-41 26508 U.S. Ramada Inn 55 sq. ft. add'l to allow 9/28/93
19 105 sq. ft./Approved
SV 93-18 1800 Gulf to Young's BBQ 39.5 sq. ft. add'! to allow 1 1/9/93
Bay 103.5 sq. ft./Denied
SV 93-34 19400 U.S. Kenyon Dodge 122 sq. ft. add'l to allow 1/24/94
19 234 sq. ft./Denied
SV 93-41 25778 U.S. Forbidden City 78 sq. ft. add') to allow 2/7/94
19 190 sq. ft./Denied
SV 93-67 29605 U.S. Criterion Center 22.8 sq. ft. add'l to allow 2/7/94
19 72.8 sq. ft./ Approved
SV 93-42 25485 U.S. Dimmitt Chevrolet 80.8 sq. ft. add'l to allow 3/7/94
19 192.8 sq. ft./Denied
15.03 sq. ft. add'l to allow
127.03 sq. ft./Approved
SV 93-48 26200 U.S. Rio Bravo 30 sq. ft. add'l to allow 4/27/94
19 180 sq. ft./Denied
SV 93~13 1450 Gulf to Bay Area Neuro 5.45 sq. ft. add'! to allow 6/16/94
Bay Muscular 69.45 sq. ft./Approved
SV 94-36 2218 Gulf to Mr. Submarine / Mr. 94 sq. ft. add'! to allow 1 1/3/94
Bay Gyros 158 sq. ft./Denied
SV 95-21 23917 U.S. U-Haul 37.6 sq. ft. add'l to allow 4/20/95
19 101.6 sq. ft./Approved
SV 95-30 1685 Gulf to Gulf to Bay Shopping 15 sq. ft. add'! to allow 7/20/95
Bay Center 165 sq. ft./Denied
SV 95~44 2545 N.E. Town Place 18 sq. ft. add'l to allow 42 11/16/95
Coachman Rd. Apartments sq. ft./App'd.
......IL:>~',I.... ....:,
'.'-"~.,
VARIANCE WORKSHEET ~ CASE NUMBER SV 96-"
STANDARDS FOR VARIANCE STAFF FINDINGS
APPROV Al
(') There are special circumstances . The owners of many businesses, large and
related to the particular physical small, throughout the City have modified
surroundings, shape or topographical and removed signs to comply with the City
conditions applicable to the land or sign code. The signs on this property
buildings, and such circumstances are should comply with the sign code too.
peculiar to such land or buildings and . These are not minimum variances. The
do not apply generally to the land or requested sign area variance is more than
buildings In the applicable zoning quadruple the code allowance.
district. . One 64 square foot freestanding sign will
reasonably allow for roadside
communication on this property., just as it
does for other similarly situated properties.
. The aesthetic environment of the City is a
substantial government interest. Approval
the requested variances will detract from
the appearance of the City.
. The existing 237 square foot sign is
unlawful and, therefore, the real estate
lease which is intended to prolong the
existence of this sign is also unlawful.
(2) The strict application of the There are no physical surroundings, shape or
provisions of the code would deprive topographical conditions involved that would
the applicant of the reasonable use of deprive the applicant of a reasonable use if
the land or buildings. signs were placed in conformance with the
code.
(3) The variance is not based Absent any conditions unique to this
exclusively upon the desire for property, it appears that the variances are
economic or other material gain by the based primarily upon a desire of the applicant
appUcant or owner. to secure a greater financial return from the
property.
(4) The granting of the variance will be The sign regulations were adopted with the
In harmony with the general purpose intent of enhancing the visual quality of the
and Intent of the land development City's streets and landscape in order to
code and comprehensive plan and will protect the value of properties and the well-
not be materially injurious to being of the local tourist oriented economy.
surrounding properties or otherwise The granting of these variances appears to be
detrimental to the public welfare. in violation of this intent.
r-
-,
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$Jl ~lqr, ,
;).50.0.) ~'- SIGN VARIANCE APPLICATION
PROPERTY OWNER(S) NAME & ADDRESS: REPRESENTATIVE(S) (If any) NAME & ADDRESS:
~1 ;~" tlCIllI-iSW~\ ^'/ ~. i\d SAlt i! AO D lP~r2.
CLfj f},.. Wllte"" ..r: ~ 3!/~ 2h
CENTRAL PERMITTING DEPARTMENT
'0 S. MISSOURI AVENUE
CLEARVVATER, FL 34616
TELEPHONE: C 813) 796 - IDgg
TELEPHONE: {
ADDRESS OF SUBJECT PROPERTY: ,,2 3 ~ 0 So N.s ~ ~ . ~ c}
NAME OF BUSINESS UF APPLICABLE): F 17 S V Die /<.
I f-
ZONING DISTRICT:J G LAND USE CLASSIFICA liON: C G
LAND AREA: 0 · 2S tJft' .:'
LEGAL DESCRIPTION OF SUBJECT PROPERty: S U J.1 So ~ ~('] t\.v\ ~,~
18 And flt-t--r OF La! /7
PARCEL NUMBER: I _ I I I I (ThIs Information is
available from your tax receipt or contact Pinellas Co. Property Appraiser's Office at 404-3207. If more than one parcel
number, attach a % x 11 inch sheet)
DESCRIBE SURROUNDING USES OF PROPERTY:
Nonh: Li ttt~1?!2.t/~?5.f/!JJ.,(!.&:.fAS:JccL"
South: SV^,S~-:l CbAc~fHJUJ C EAJtt.A. ~
East: oS \ (\cQ,... ~ A '(Y\ \ Ly' ~ ~f"P(' A Jf
West: ~\1\~ f\n\)Jt..~ RAKc:.~Y
VARlANCECS) REQUEST:
(jJf1 Itor,'o,nce- O.lC of')(.. fY(...L sib,of~
. ,
Sf ~ h to f(!,y/hl r TWn SUr t, <;'I~ ~~
c2 - 4-VO Y IlL nr t' ~ 0 r 2 3 3 s ~ Ft -ro ~I r fL f) e!.)/ r~~ Tn/1(Jf IYJ& ~.; 8 ~
o e 60 >, [", (JJ hr/lL- CL (h a.. X JYi1iLi11 0 C 61 55 f-T () F
I I '
F~ c;:t~~ SIsn c0-e_ fA tL f((JUJeo!
CONTINUED ON REVERSE SIDE
~'."""'~c'c'..,;,:;-.' ,.,.'
,
- ". 'i.
STANDARDS FOR APPROVAL: A variance shall not be granted by the City Commission unloll the application end eykfence
presented clearly support the following concluslona:
1) There are special circumstance. reiated to the particular physical surroundings. shape or topographical conditions
eppllcable to the land or building., end luch clrcumstancol are peculiar t~ such la"md or bUlldl"iiS and do not epplv
generally to tho land or buildings In the applicable zoning district because ~e.~ {J. 71. ~,_ · Eo D
S h. e..e. t ., ,. , ..
2J Tho strict application of the provisions of the code would deprive the appHcant of the reasonable use of the land or
buildings because
3' The variance fs not based exclusivelv upon a desire for economic or other material gain by the applicant or owner
because
4) The granting of the variance will be In harmony with the general purpose and Intent of the land development code and
comprehensive plan and will not be materially Injurious to surrounding properties or otherwise detrimental to the public
welfare becausfl
THIS SUBMISSION GIVES AN APPLICANT THE OPPORTUNITY TO REQUEST THE VARIANCE AND APPEAR BEFORE THE
CITY COMMISSION AT A PUBUC HEARING. FEES PAID ARE NON.JlEFUNDABLE REGARDLESS OF BOARD ACTION. BY
SIGNING THIS DOCUMENT I AM ACKNOWLEDGING THAT ALL FEES PAID DO NOT GUARANTEE APPROVAL OF THIS
APPUCATION.
SJGNAtURE OF PROPERlY OWNER (OR REPRESENTAT1VE):
,
'M'~~
llnolude poNtkln 8nd name of 00"'$1"'-' If ~)
Swom to and subscrlbed before me this
Cl,^e~' b
1--~~8vof ~If A.D., 19 9h
, who is personally known to me andlor has produced
STATE OF FLORIDA. COUNTY OF I1l1e/ /as
,
Commission NolJJl283::8/,
"fo.llV P{j8 OFFICIAL NOTARY SEAL
o ,."X... CAROL L HOLBERT
C': \ 'O"~JI ~ COMUISSION NUMBER
...' CC283287
1'1<- f 'AV COMMISSION EXP,
--"_ OF FI.O MA Y ,4J.!!z,
(Name of Notary typed, printed or stomped)
NOTE: PROPERTY OWNER OR REPRESENTAnVE MUST AlTEND HEARING. .
~:"L".'",.",,"
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t .'!
,. ,. .
1. If you are headed West on Sunset PoInt Road my storeJront 15 obscured from pubJic view by the
Sunset Point Family Restaurant. The restaurant does have a sign to attract the public. Because
the restaurant is 20 feet closer to Sunset Point Road than my store, traffic is virtually adjacent
to my location before my store is visible. Then it Is too late for a potential customer to stop.
However, if I was allowed a free-standing sign, the problem would be eliminated.
2. The Sunset Point Restaurant blocks the view of my store and is allowed a sign to point out where
their business is located. I also need a sign to show that my store is behind their restaurant. r
feel that this is only fair.
3. ' My business depends on being noticed by the public. As things are since the road construction
on Sunset Point Road, my store has lost most of its exposure to the public due to the
inconvenience during the construction. I have kept my store open on blood, sweat and tears
alone. The construction is finally over and I would like to be able La advertise my store to the
traffic on our new Sunset Point Road. I have lived,through the hard times, and now I should n
be able to reap the benefits of the new roadway. .
4. In the front of my store there are no traffic signs. traffic Ji8hts~ pedestrian crossing signs or
anything else in view that might be obstructed by my store front sign, or cause any other
problems. My lifeblood is the public. If the pubUc does not notice my store front, they will pass
by to another store that is more visible. Please grant me a sign to keep my business alive.
Thank you very much for your anticipated cooperation.
Si~cerery,
\,.~
........; .. L".
MARCO CHEAIB
~~.1ll10
I
2320 S~t PIc. RI.
CI.r."""~t fL ~
. t; l
TOTAL P.01
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EXHIBIT "A"
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PiNELLAS.COUNTY FLA.
OFF.nEC.BK 8983 PG 65
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36 SUNSET-COAClDlAN CTR. 57 29
TRACT A A PROF.CONDO
DRIVE o L 70-5 58 189() 30 7890 '891
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NAME: CHEAIB / EASY PICK CONVENIENCE STORE
SV # ~6-' 1 PUBliC HEARING DATE . JULY 1 8, 1 996
.
ATLAS PAGE: 254A SEe: Q.2 lWP: 19 S RGE: .12 E
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U
COMMUNITY RESPONSE TEAM
fnterdepartment Correspondence
FROM:
Leslie DougaU..sides, Assistant City Attorney
LIeutenant Jeff Kronschnabl, Special Assistant to the City Manager,
Community Response Team~~
Scott Shuford, DIrector, ce~1 Permitting
Mike Furlong, Code Inspector I
.Oq,o::Bohr,:,Slgn AmorUzation Inspector
File
TO:
COPIES:
SUBJECT: Freestanding Slgnage at 2320 Sunset PoInt Road
DATE:
February 9, 1996
Our Department has been contacted by the property owner, Marco CheaJb,
requestIng Information as to whether or not hIs property Is entitled to a free
standIng sign. The property In question currently has a bUlboard located on It.
The freestandIng sIgn for the busIness was prevIously removed due to the road
widening on Sunset Point Road. Mr. Cheaib has requested a letter In wrltlng
explaIning to him whether or not he wfU be abfe to obtain a sfgn permIt for the
placement of a new freestanding sign for his business. It Is his understanding
that before he can obtaIn such a pennit the billboard must flrst be removed.
Please advise.
If you should need additional Infonnatlon, please feel free to contact me.
-
~-~ 1
-
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I,
~H~U~lITY RESPONSE
TEAH
CITY OF CLEARWATER
lnter-departmenul Corre.pondenoe Sheet
TO:
MAR 7 I 33 Pli '96
Rich Baler, City Engineer
Leslie Dougall~Sides, Asst. City Attorney L-O-t)
~ Kronschnabl, Special Asst. to City Manager
Scott Shuford, Director/Central Permitting
SUBJECT: Freestanding Sign, 2320 Sunset Point Road
FROM:
COPY:
DATE:
March 6. 1996
I have been asked to review the sign configuration at 2320 Sunset Pornt Road with regard
to Mr. Cheaib's request for permittrng of an additional freestanding sIgn. I am now in
receipt of additional materials indicating that a billboard (considered a freestanding sign)
exists on the property, and that a previous sign advertising the "7_11" business located on
the parcel was removed in conjunction with road widening taking place on Sunset Point
Road. (am assuming that removal of the -7-11" sign was voluntary on the property
owner's part and that the City did not issue any fonnal assurances that the sign could be
later repraced. Should this assumption be incorrect. please advise.
. rn the subject zoning district, CG, onfy a single freestanding sign Js allowed per parcel
with 500' or fess of street frontage. (Code of Ordinances Sec. 44.51(4)(e)1). Once the
additlonal sign was removed, it lost any -grandfather" status it may have had; therefore,
replacement may not occur consistent with Code absent the owner's obtaining a variance
or removal of the existing billboard. Therefore, the owner may apply for a sign variance
, (as to number and, if applicable, height and area) or obtain billboard removal. Mr. Cheaib
indicates in his February 13 letter that he had requested the billboard lessee to effect
such renewal.
For a similar, analysis, see my memorandum of March 1 regarding a proposed
freestanding stgn for the property located at 1871 Gulf-ta-Bay Boulevard. The same
principle would appear to apply to the property at 1760 Drew, although I do not have
sufficient infonnatton regarding any existing freestanding sign on that parcet to render a
specific opinion.
LOS:ln
-
j'
o
COMMUNITY RESPONSE TEAM
10 S. Missouri Ave
P.O. Box 4748
Clearwater, Florida 34616
Telephone: (813) 462-6565
462-6555
Fax:(813)462~1
March 8, 1998
Mr. Marco Cheaib
2085 Hunter Glen Drive, Apt 5 ,
Dunedin, FL 34698
Dear Mr. Che.aib;
We are in receipt of your correspondence to City of Crearwater Mayor Rita Garvey
concerning the issues relative to your freestanding sign that was located at 2320
Sunset Point Road. Before the City of ClealWater can make any determination in
fulfilling your sign variance request we would need the following information:
1. When the Department of Transportation met with you regarding the road
Improvements near your business location what agreement. if any, was reached
concerning your freestanding sign?
2. Was there any compensation provided to you by the Department of
Transportation for the removal of your sign?
3. Was there any information or direction provided to you by the Department of
Transportation or the County concerning your sIgn? '
4. Was there any restitution paid to you for business loss relative to the disruption
caused by the road Improvement (include your sign)?
As soon as you can provide this documentation to us, we will review, analyze and
respond back to you with informatJon and direction as to the next steps to forrow
towards completion of sIgn variance application request
.
We look forward to working with you on this matter and wercome your cooperation and
patience as we move towards an amicable resolution of your sign Issues.
Sincerely, .
dI~.~.;JL A~ --
Lt. ~ronschnabl, Special Assistant to the
City Manager, Community Response Team
cc: Mike Furlong
*
. Equol Emproymonf and Attlrmallve ActIon EmploY'lr.
~ '
..IL,"!...
notloee are to be 'orwarded \0 the l,lnderslgn~ LeMUr al Ihe ad[Jre$$ noted
.. to.
who Is hereby requooted to algn as wllnoss.
leSSOA(S)~' ~~
Marco Chen f b ~
-).$96 niehigJfrB1Y'd. dJ9J4~d: /,..f.
~n~d"i III rl -44 G%- tlb-tJ1'lM.;"ltffll ~L
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LEAse, Rf 3020
OATE
20 July 1995
REAL E'STATE lEASe
1. The under'tgned, at Leuor, herllby leue& and granl. olCclultvel)' 10 PATRICK MEDIA GROUP, 'NC.,
(horllnA'lQr c.alled lAI;OGt tM proporty (with frH ~ to elf'" upon same) dqerlbod 81:
Sunset Pt. Rd. NIL. Eta Atlantis (6-29-16) Sunset Pt, Est.
Blk. B. Lot, 18 2320 Sunset Pt. Rd.
, In tho County 0' Pi ne 11 as
In tho Statt of ___ Flori da , commencl~ on May 1. , t9!!..-, for t"o purposo of
ere.c:tlng and maIntaInIng advor1lllng "gnl thereon, Including supportlno structures, illumInation tal.:llIUea and oonnoetlonll,
aervlcG ladders and olher appurtel'lal1cet tMreon.
2. LOMe(! al1~k' ~sM)r ron,~l of Two Thousand One Hundred Do11ars-- ($ 2.100~OO' ) Dollars per' year,
payable In MW~pt Ins'aUment., beginning on ttle completion of conll,n,u:;,lon of lllss.oe's si,gns. 1>>l'1'4~XbP(M~.l':.ltX
),;~kbeJ(II'n<Q(~~~ttQ(~)(omJ\t(.~>>)l{:(=X~Oh<CtlX~"U(~~I(~k~~~:(~~~*'S'~Xfll}i
~~~k~k~K~~X~k~<<
; 1.6'Ssor wammt, thAt Lttsor II tho owner , of the abovs-do;crlbed real ostote and hat 'ull authority
to ma\(l 'hIt agreement; and the LelfOO .h.1I /lave thl r10ht to make any neeess.!ry .!Ippll~llonl wllh. and oblaln pormlts from,
~cvtrnment,.l bocjle~ fer 'he eon~tructlon I1nd maintenance of Lessee's sIgns, at the sole dllcretlon ot le$s~. All such perm lIS
t~;.1! .1'WIIYI rem.!lln the property or Lessee,
A. ~" ~..9 llhOIl save the t.nsor harmless 'rom all damaQIi! to persons or property by re"$01'l ot ae<:ldonts rosulling Irom Ule negllgcr'll
.::'~ ollis ~genl., employetls or others employed' In the construction, maIntenance, repair or removal of lt~ ,Ions em th~ property.
6. ! h'~ i,~'ie-menl ill a Lf.\Se (nof a License), al1d all &Igrls, atructurts 9-nd' Improvem@ntl placed on tho proml'lQ!: by or for thR U~S.$~~
l\i'nl ''iol1'1i'!ln th~ property of the lessee, llnd that, nOI wllhslandlng the 'Ilct Ihallhe same conslltull" f@"r ~Iale 'Ir.lu'es. l~~$E-'{'
snall h:!SQ \M .ight to remove 'he S:lmf: at any lime during the term of the Le~e, or afler th3 /'),Jir;;lIoll 01111" Lease,
6. nw w ': I :"I~ Lease will ~ tt~ia)years eommenclng on tht dl/lto sel lorlh .bove. This I(lMe Shall GonUnUe In fulltortt! and
eUc.~1 :or ~: t~rm snd thereafter for subsequenlluccosalvo like terms unless term)nllled at the end 0' such term or any ~U>c:...t~! If:
'~H ' ~f'n I."~"I wrlUer: notice by the Lenor or Lessee llerved not tes! than ninety (90) days before the end of ~t.:C" !I?r....., 01
. .'.'~.'qwt" , ',,.,,(! term, ~rovldad that Less" shall have the rIght to termInal" Iho Least at tne end 0' any sIxty da~' J,o(:-IOd v~on
~ r. ~ I':~:O Lessor served !'lot leslI than (60) daYll prior to the end of such Ilx\y day period.
,.., '.'. ':' I ~',! t.QI"l<$emnatlon of the sub)e-ct premise' or any part 'hereol by proper al,llhorlll9$, Clr tt>IO"..Q!Ie,.r' ~ '''.. ~ .~tl\~,:'I~'. tr,c
d~,~;!( r ~f a~:" (c !M L~;\see tho rlgM to relocat9lt& dl,plaY(lI) on t.essor's tQmalnlng properly adjornlfog 11.(: CO;, . . ,~;! "fo~rty ~.
:r,~ N'x..lt~ hlOh.....lly, Any condemnatron aW(lrd for LessGQ'. property shall a~rue to Lessee,
" In 1:-'\- e-venllh:!:t te) ar,y olles$OO's signs on t!'te premlle. beCome onllrely or. partIally ObSlructed or destroyed; (b) tho premises
'.:anMt sClfely bo U$t13 for tile orettlon or mtllntenaoce of l.essee':! 1Ilgn. thereon ror any reason: ee) the v;llue of 'ho loc-atlon 10'
.!Idvcrll,ino purposes becomes dlmll'lls!led; (dl tI\t! ylew of LetBeC's signs are obll\ructod or impaIred In any way by any oojecl or
growth en any property or on any neighboring property owned or controlled by lessor; (e) the \..esSH Is unabh.' to ':lblo1lln any
necos~ry permit for the ere<:tion and lor malntMllnce of .ueh slgn{s) IlS Ihe Lesslt6 may cI~lre; (fl the La~ be prevent.xl by law
from Con$tr\lotlon anellor mall1lalnlr'lg on tho premises such Ilgn,(s} as tho Leasee may d"'rei chon the lessee, may al lis optIon.
fljlust the rent In proportion to IhQ decreased value of th" premise! tor advortlslng p\.lr~, or may termInate the Lea59 On
ffftoon(15) day~' nollce Iv wrIting, L0380r agroell thoreupon to ret\.lrn to lhe Ltssee any ronl paid In advance lor the uneJ"plred lerm
9. If Lenee Is provenled by law, govornment order, or alhllr ~ule' beyond Lessee', cotllrol from lIIumln.tlng lis sIgns, the Lessee
may rt'l:lueo the reMal tlfovlded by paragraph 2 by one-half (~), with lloch reduced rental to remain In erfect so long D.$ such
condition QOntlnuei to 111([lt. LtuM agreo, to pay all fllfK:lrleal power to,,, uat'd by the 11gns.
10. This Leue Ihall con.tftute tho aole agr8tment gf Iht partIe! relatIng to tho premIses, Neither p\U'ty will ~ bound by any terms.
orat or written, not 58' lorth speclllcally In thl. LeMB. Thll Lean Is bInding upon and Inur8$ to the benefU of the hairs, e~eculQrs,
succeUor~, al\d M$lgn. of LanGO and LeliOr.
11. All rO/'llS to be paid purlunot to thIs I.auo. and 0
below tho leuor's ulgn.turD.
17" ().
EXECUTED by the L(l"or In the pr~"nce 0
W;~',~ss:
ACCUPT~AICK MEDIA GROUP,INO.
BY:
TITl.E: t.~ ~~ t-1.f.tJA.cw!<L
Addrou:
rOAM G 1/e7
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((-e.-IS
, SUNSET-COACHMAN CENTER
CONDOMINIUM ASSOCIATION, tNC
C/O James B. Davis, Property Manager
2297 Monaco Lane, '1
Clearwater FL 34623
RECEIVEr,
JUL 16 1996
CITY CLERK DEPT.
July, 10, 1996
city of clearwater
P.O. Box 4748
Clearwater FL 34618-4748
Re: Sign Variance Request
Easy pick Convenience store
I have been asked to write this letter on behalf of the Sunset-
Coachman Center Condominium Association, Inc. We, are the
condominium office complex located directly across the street from
the Easy pick Convenience store. The ten uni t owners in our
complex are unanimous in their opposition to the request for a sign
variance, accordingly please count this letter as ten votes in
opposition. He particularly oppose the request given that the
business owner maintains a vehicle with advertizing on the property
at curbside, which we feel is already stretching the regulations
and does not add an attractive component to the neighborhood.
The above is written is a neighborly spirit, many of us frequent
this business, however our opinion is that whi I e the City of
Clearwater sign o~dinances' are much more restrictive than they used
to be, we are all complying and so should the Easy Pick Convenience
Store. Thank you.
Sincerely,
Sunset Coachman Center
Condominium Association, Inc.
~M'
James M. Blanton,
~
President
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ORDINANCE NO, 6044-96
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, RELATING TO THE LAND DEVELOPMENT
CODE; AMENDING SECTIONS 35.11, 40.034, 40.035, 40.043,
40.044, 40.064, 40.065, 40.084, 40.085, 40.104, 40.105, 40.124,
40.125,40.134,40.135,40.144,40.145, 40.164,40.165,40.184,
40.185, 40.204, 40.205, 40.224, 40.225, 40.243.1, 40.244,
40.266,40.284,40.285, 40.304,40,305,40.324,40.325, 40.344,
40.345, 40.365, 40.366, 40.384, 40.385, 40.404, 40.405, 40.424,
40.425, 40.434, 40.435, 40.444, 40.445, 40.464, 40.465, 40.474,
40.475, 40.484, 40.485, 40.504, 40.505, 40.524, 40.525, 40.543,
40.545, and 41.053, CODE OF ORDINANCES I TO DEFINE
"PUBLIC SAFETY FACll..ITY,11 TO DELETE POLICE
SUBSTATIONS FROM THE DEFINITION OF "UTILITY
FACILITY" AND TO DELETE LANGUAGE CONCERNING
POUCE SUBSTATIONS FROM THE SUPPLEMENTARY
STANDARDS FOR UTILITY FACILITY CONDITIONAL
USES, TO ALLOW PUBUC SAFETY FACIUTIES AS A
PERMfITED USE IN THE CORE AND EASTERN CORRIDOR
SUBDISTRICTS OF THE URBAN CENTER DISTRICT AND
IN THE PUBLIC/SEMIPUBUC DISTRICT, TO ALLOW
PUBLIC SAFETY FACILITIES AS A CONDITIONAL USE IN
ALL RESIDENTIAL DISTRICTS, THE LIMITED OFFICE
DISTRICT, GENERAL OFFICE DISTRICT, NEIGHBORHOOD
COMMERCIAL DISTRICT, NORTH GREENWOOD
COMMERCIAL DISTRICT I BEACH COMMERCIAL
DISTRICT, RESORT COMMERCIAL 24 AND 28 DISTRICTS,
GENERAL COMMERCIAL DISTRICf, INFILL
COMMERCIAL DISTRICT, IllGHWAY COMMERCIAL
DISTRICT, COM1v1ERCIAL CENTER DISTRICT,
DOWNTOWNIMIXED USE DISTRICT, BAYFRONT AND
TRANSITIONAL SUBDISTRICTS OF THE URBAN CENTER
DISTRICT, LIMITED INDUSTRIAL DISTRICT,' AND
RESEARCH, DEVELOPMENT, AND OFFICE PARK
DISTRICT, AND TO IDENTIFY STANDARDS FOR
APPROVAL FOR PUBUC SAFETY FACILITIES IN THE
AFOREMENTIONED DISTRICTS WHERE ALLOWED AS A
CONDITIONAL USE, TO SPECIFY THE APPLICABn...rry OF
THE AREA THRESHOLDS SET FORTH IN THE RULES
CONCERNING THE ADMINISTRATION OF THE
COUNTYWIDE FUTURE LAND USE PLAN AS AMENDED;
PROVIDING AN EFFECTIVE DATE.
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ORDINANCE NO. 6044-96
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BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA:
I,
Section 1. Sectiom 35.11, 40.034, 40.035, 40.043, 40.044, 40.064, 40.065, 40.084,
40.985, 40.104, 40.105, 40.124, 40.125, 40.134, 40.135, 40.144, 40.145, 40.164,
40.165, 40.184, 40.185, 40.204, 40.205, 40.224, 40.225, 40.243.1, 40.244, 40.266,
40.284, 40.285, 40.304, 40.305, 40.324, 40.325, 40.344, 40.345, 40.365, 40.366,
40.384, 40.385, 40.404, 40.405, 40.424, 40.425, 40.434, 40.435, 40.444, 40.445,
40.464, 40.465, 40.474, 40.475, 40.484, 40.485, 40.504, 40.505, 40.524, 40.525,
40.543, 40.545, and 41.053, Code of Ordinances, are amended to read:
Sec. 35.11. Definitions.
The following words, tenns and phrases, when used in this development code, shall have
the meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
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Public sqfety facility means a use of land involvina a buildini OCCUpied by a public sa~
a~ency inc1udinll. but not limited to. police stations and substation.l;. fire stations. and emer~ency
medical services. and ancillary community outreach activities.
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Utility facility means the use of land, improvements or facilities thereon by a public or
private utility, including but not limited to potable water facilities and pump stations, remote
switching stations, wastewater treatment plants and lift stations, police substatiofl5, electric
substations, and power generation facUities. This definition does not include transmission and
distribution lines, water or sewer mains, bac1d1ow preventers, transfonners, traffic signal control
cabinets, and similar equipment not generally considered to be structures.
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Sec. 40.034. Conditional uses.
Within SinglewFamily Residential "Oneil Districts, the following uses may be allowed as
conditional uses:
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ORDINANCE NO. 6044.96
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!31 Public safety facilities.
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Sec. 40.035. Use limitations.
The followina use limitations apply to smile-family residential "one" districts:
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ill The penniUed and conditional uses aJ10weJI in this district shall be subject to the
area threshold applicable to such uses as set forth in the Rules Concemini the Administt:ation of
th~ Countywide Future Land Use ~lan as Amended.
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Sec. 40.043. Conditional uses.
Within single~family residential 2 districts, the following uses may be allowed as
conditional uses:
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ill Public safety facilities.
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Sec. 40.044. Use limitations.
The following use limitations apply to single-family residential 2 districts:
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f.5). The permitted and conditional uses allowed in this district shaH be subject to the
area threshold applicable to such uses as set forth, in the gules Concernin2 the Administration of
t!1e Countywide Future Land Use Plan as Amended.
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ORDINANCE NO, ~4-96
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Sec. 40.064. Conditional uses.
Within single-family residential 4 districts~ the following uses may be allowed as
conditional uses:
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!3l Public safety facilities. '
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Sec. 40.065. Use limitations.
The following use limitations apply to single~family residential 4 districts:
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,(4} The pei-mitted and conditional uses aHowed in this district shall be subject to the
area threshold allp1icable to such uses as set forth in the Rules Concernin~ the Administration of
the Countywide Future Land Use Plan as Amended.
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Sec. 40.084. Conditional uses.
Within single-family residential 6 districts, the following, uses may be allowed as
conditional uses:
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, ill Public safety facilities.
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Sec. 40.085. Use limitations.
The following use limitations apply to single-family residential 6 districts:
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!4.) The permitted and conditional uses allowed in this dist(jct shall be subject to the
area threshold applicable to such uses as set forth in the Rules Concernin~ the Administration of
the Countywide Future Land Use Plan as Amended.
ORDINANCE NO. 604+96
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Sec.4O.104. Conditional uses.
Within single-family residential 8 districts, the following uses may be allowed as
conditional uses: '
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.(4). , Public safety facilities.
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Sec. 40.105. Use limitations.
The following use limitations apply to single-family residential 8 districts:
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(4), )he pennitted and conditional uses allowed in this district shall be subject to the
area threshold applicable to such uses as set forth in the Rules Concerninz the Administration of
the Countywide Future Land Use Plan as Amended.
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Sec. 40.124. Conditional uses.
Within multiple-family residential 8 districtst the following uses may be allowed as
conditional uses:
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(6) Public safety facilities.
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Sec. 40.125. Use limitations.
The following use limitations apply to multiple~family residential 8 districts:
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ORDINANCE NO. 60<<.96
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!61 The permitted and conditional uses allowed in this district shall he subject to the
area threshold applicable to such uses as set forth in the Rules Concemin2 the Administration of
the Countywide Future r .Jind Use Plan as Amended.
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Sec. 40.134. Conditional uses.
Within Multiple-Family Residential "Ten" Districts, the foHowing uses may be allowed
as conditional uses:
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!6l Public safety facilities.
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Sec. 40.135. Use limitations.
The followinK use limitations apply to multiple-family residential 10 districts:
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1!6l The ~rmitted and conditional uses allowed in this district shall be subject to the
area threshold applicable to such uses as set forth in the Rules Concemin2 the Administration of
the Countywide Future Land Use Plan as Amended.
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Sec. 40.144. Conditional uses.
Within multiple-family residential 12 districts, the follOWing uses may be allowed as
conditional uses:
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m Public safety facilities.
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Sec. 40.145. Use limitations.
The following use limitations apply to multiple-family residential 12 districts:
ORDINANCE NO, 6044.96
6
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(6) 'l'be pennitted and conditional us~ allowed in this distri~t shall be su~ect to the
area threshold &pp1icable to such uses as set forth in the Rules Conceminf1 the Administration of
the Countywide Future T .and Use Plan as Amended.
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Sec. 40.164. Conditional uses.
Within multiple-family residential 16 districtst the following uses may be allowed as
conditional uses:
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, ill Public safety facilitiesL
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Sec. 40.165. Use limitations.
The following use limitations apply to multiple-family residential 16 districts:
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.on The permitted and conditional uses allowed in this district shall be subject to .the
area threshold applicable to such uses as set forth in the Rules Concemini the Administration of
the Countywide Future Land Use Plan as Amended.
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Sec. 40.184. Conditional uses.
Within multiple-family residential 20 districts, the following uses may be allowed as
conditional uses:
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ORDINANCE NO. 6044.96
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Sec. 40.185. Use limitations.
The following use limitations apply to multiple-family residential 20 districts:
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(8) The permitted and conditional uses allowed in this district shall be subject to the
area threshold applicable to such uses as set forth in the Rules Concernini the Administration of
the Countywide Future T ..and Use Plan a.c; Amended.
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Sec. 40.204. Conditional uses.
Within multiple-family residential 24 districts. the following uses may be allowed as
conditional uses:
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ill Public safety facilities.
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Sec. 40.205. Use limitations.
The following use limitations apply to multiple-family residential 24 districts:
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,(8) The permitted ~nd conditional uses allowed in tltis district shall be sultfect to t.'1e
area threshold applicable to such uses as set forth in the ~ules Concemin2 the Administration of
the Countywide Future T ..and Use Plan as Amended.
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ORDINANCE NO. 6044.96
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Sec. 40.224. Conditional uses.
Within multiple-family residential 28 districts, the following uses may be allowed as
conditional uses: '
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110:
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en Public safety facilitie:s.
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Sec. 40.225. Use limitations.
The following use limitations apply to multiple-family residential 28 districts:
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!B1 The permitted and conditional uses allowed in this district shall be subject to the
area threshold applicable to such uses 8!; set forth in the Rules Concernini the Administration of
the Countywide Future Land Use Plan as Amended.
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Sec. 40.243.1. Conditional uses.
Within mobile home park districts, the fonowing uses may be allowed as conditional
uses:
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(2) Public safety facilities R-eserved.
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Sec. 40.244. Use UmitatiODS.
The following use limitations apply to mobile home park districts:
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,,(4). The permitted and cpnditional uses allow~ in this district shall be SUQject to the
area threshOld applicable to such uses as set forth in the Rules Concemini the Administration of
the Coun(yWide Future Land Use PJan as Amended.
ORDINANCE NO, 6044-96
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Sec.4O.266. Use Ihnitations.
The foUowini use limitations apply to planned development districts:
ill All uses within planned development districts. whether pennitted, conditional or
nonconforming, shall be conducted in consonance with the use standards contained in sections
42.22,42.31,42.32 and 42.35.
!2l The permitted and conditional uses allowed in this district shall he subject to the
area threshold applicahle to such uses as set forth in the Rules Concemine the Administration of
the Countywide Future l.and Use Plan as Amended.
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Sec. 40.284. ConditionaJ uses.
Within limited office districts. the fOllowing uses may be allowed as conditional uses:
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!1ll Public safety facilities.
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Sec. 40.285. Use limitations.
The following use limitations apply to limited office districts:
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(12l The permitted and conditional uses allowed in this district shall be subject to the
area threshold applicable to such uses as set forth in the Rules Concemin2 the Administration of
tlte Countywide Future Land Use Plan as Amended.
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Sec. 40.304. Conditional uses.
Within general office districts. the following uses may be allowed as conditional uses:
ORDINANCE NO. 60496
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!6), Public safety facilities.
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Sec. 40.305. Use limitatiollS.
The following use limitations apply to general office districts:
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ill The pennitted and conditional uses allowed in this district shall be subject to the
area threshold applicable to such uses as set forth in the Rules Concemin2 the Administration of
the Countywide Future Land Use Plan as Amended.
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Sec. 40.324. Conditional uc;cs.
Within neighborhood conunercial districts, the fonowing uses may be allowed as
, conditional uses:
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!H} Public safety facilities.
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Sec. 40.325. Use IimitatiOIlS.
The following use limitations apply to neighborhood commercial districts:
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!lU .)he pennitted and conQitional uses allowed in this district shall be subject to the
area threshold applicable to such uses as set rOM in the Rules Concernini the Administration of
the Countywide Future Land Use Plan as Amended.
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Sec. 40.344. Conditional uses.
ORDINANCE NO. 6044-96
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Within the North Greenwood commercial district, the following uses may be allowed as
conditional uses:
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LID Public safety facilities.
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Sec. 40.345. Use limitations.
The following use limitations apply to the North Greenwood conunercial district:
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!6l . The pennitted and conditional uses allowed in this district shall be subject to the
area threshold applicable to such uses as set forth in the Rules Concemine- the Administration-.ilf
the Countywide Future Land Use Plan as Amended.
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Sec. 40.365. Conditional uses.
Within beach commercial districts, the following uses may be allowed as conditional
uses:
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.am Public ~afety facilities.
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, Sec. 40.366. Use limitations.
; The following use limitations apply to beach commercial districts:
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ill )he permitted and conditional uses allowed in this district shall be subject to the
area threshold applicable to such uses as set forth in the Rules Concemine the Administration of
the Countywide Future Land Use Plan as Amende(t
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ORDINANCE NO, 6044-96
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Sec. 40.384. Conditional uses.
,
Within resort commercial 24 districts, the followmg uses may be allowed as conditional
uses:
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am Public safety facilities~
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Sec. 40.385. Use limitations.
The following use limitations apply to resort commercial 24 districts:
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.au The pennitted and conditional uses allowed in this district shall be subject tQ the
,area threshold applicable to such uses as set forth in the Rules Concernin2 the Adm;nistration of
the Countywide Future Land Use Plan as Amended.
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Sec. 40.404. Conditional uses.
Within resort commerCial 28 districts, the following uses may be allowed as conditional
uses:
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.om Public safety facilities.
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ORDINANCE NO. 6044.96
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Sec. 40.405. Use limitations.
The following use limitations apply to resort commercial 28 districts:
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au :fhe permitted and conditional uses allowed in this district shall be subject to the
area threshold applicable to such uses as set forth in the Rules Concemin2 the Administration pf
the Countywide Future Land Use Plan as Amended.
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Sec. 40.424. Conditional uses.
Within general conunerciaI districtst the following uses may be allowed as conditional
uses:
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(l8). Public safety facilities.
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Sec. 40.425. Use limitatiom.
The following use limitations apply to general commercial districts:
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11), The permitted and conditional uses allowed in this district shall be sultject to the
area threshold applicable to such uses as set forth in the Rules Concemin2 the Administration of
the Countywide Future Land Use Plan as Amended.
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Sec. 40.434. Conditional uses.
Within Infill Commercial Districts, the fonowing uses may be allowed as conditional
uses:
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1.22) public safety facilities.
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ORDINANCE NO. 6044-96
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Sec. 40.435. Use limitations.
The followini use limitations apply to infill commercial districts:
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!8l The permitted and conditional uses allowed in this d.istrict shall he subject to the
area threshold applicable to such uses as set forth in the Rules Concemin2 the Administration of
the Countywide Future Land Use Plan as Amended.
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Sec. 40.444. Conditional uses.
'Within highway conunercial districts, the following uses may be allowed as conditional
uses:
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!l1), Public safety facilities.
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Sec.40.445. Use limitations.
The following use limitations apply to highway commercial districts:
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!6l :The ~nnitted and conditional uses allowed in this district shall he subject to the
area threshold applicable to such uses as set forth in the Rules Concernin2 the Administration of
the Countywide Future Land Use Plan as Amended.
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Sec. 40.464. Conditional uses.
Within commercial center districts, the following uses may be allowed as conditional
uses:
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ORDINANCE NO. 6044.95
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(12) 'Public safety facilities.
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, Sec. 40.465. 'Use limitations.
The following use limitations apply to commercial center districts:
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ID The permitted and conditional uses allowed in this district shall be subject to the
area threshold ~)icable to such uses as set forth in the Rules Concemin2 the Administration of
,the Countywide Future l..and Use Plan as Amended.
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Sec. 40.474. Conditional uses.
Within downtown/mixed use districts. the following uses may be allowed as conditional
uses:
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ill1 Public safety facilities.
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Sec.40.475. Use limitations.
)he followini use limitations apply to downtown/mixed use districts:
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!2l ' The permitted and conditional JJses allowed in this dislrict shall be subject to the
area threshold ~plicable to such uses as set forth in the Rules Concemin~ the Administration of
the Countywide Future Land Use Plan as Amended~
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ORDINANCE NO. 60<<-96
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Sec. 40.484. Permitted uses.
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(2) ,Within the Core subdistrict, only the following uses and structures designed for
such uses shall be pennitted:
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.
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lit
!=l Public safety facilities-,-
.
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lit
.
(3) Within the Eastern Corridor subdistrict, only the following uses (and structures
designed for such uses) shall be pennitted:
. lit lit lit
(W J.>J1blic safety facilitiesL
'" ... '" '"
, Sec. 40.485. Conditional uses.
'" * ... '"
'"
'"
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(1) Within the Bayfront subdistrict. the following uses may be allowed as conditional
uses:
'"
'"
'"
...
...
au Public safety facilities.
...
...
.,.
...
*
(3) Within the Transition subdistrict. the following uses may be allowed as
conditional uses:
'"
'"
.
...
...
,(q). Public safetY facilities.
.
...
'"
..
.
ORDINANCE NO. 6Q44.96
17
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Sec.. 40.504. Conditional uses.
Withiri limited industrial districts, the following uses may be allowed as conditional uses:
lit
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lit
!lll Public safety facilities.
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lit
ale
Sec. 40.505; Use limitatlom.
The following use limitations apply to limited industrial districts:
.
.
lit
lit
lit
, (12) The permitted and conditional uses allowed in this district shall be subject to the
area threshold &pplicable to such uses as set forth in the Rules Concemini: the Administration of
the Countywide Fu~ J...and Use Plan as Amended.
*
.
.
lit
lit
Sec. 40.524. Conditional uses.
Within research, development and office park districts, the following uses may be
'allowed as conditional uses:
lit
.
lit
.
*
ill Public safety faci1it~
lit
*
lit
lit
lit
Sec. 40.525. Use limitations.
The following use limitations apply to research. development and office park districts:
*
.
.
lit
.
(12) TIle permitted and conditional uses allowed in this district shall be subject to the
area thres}mld applicable to such uses as set forth in the Rules Concernin2 the Administration of
the Countywide Future Land Use Plan as Amended.
,
ORDINANCE NO, 6044.96
18
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Sec. 40.543. Permitted uses.
Within public/semipublic districts, only the following uses and structures designed for
such uses shall be permitted:
'"
...
*
'"
'"
!lS.l Public safety facilities.
'"
'"
'"
'"
'"
Sec. 40.545. Use limitations.
The following use limitations apply to public/semipublic districts:
'"
'"
'"
'"
...
!ll.l The permitted and conditional uses allowed in this district shall be subject to the
area threshold applicable to such uses as set forth in the Rules Concemin~ the Administration of
the Countywide Future Land Use Plan as Amended.
'"
'"
...
*
...
Sec. 41.053. Supplementary standards by category of use.
The standards in this section which apply to the identified category of use shall
supplement the general standards of use identified in section 41.052. No conditional use shall be
authorized unless determined to meet all of the standards applicable thereto.
...
'"
'"
*
...
(25.1) Public safety facilities may be allowed within all residential districts~ the limited
office district~ 2eneral office district. neii:hborhood commercial district. North
Grr.enwood commercial district. beach commercial district. resort commercial 24
and 28 distriClc;. i:enera1 commercial district. infil1 commercial district. hiihway
commercial district. commercial center district~ downtown/mixed use district.
bayfront and transitional subdistricts of the urban center district. limited industrial
district. and research. development and office park district upon determination
that the use complies with all of the 2eneral standards contained in section 41.052.
ORDINANCE NO. 6044.96
19
,
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lit
.
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(29.2) Utility facilities may be aUowed as a conditional use in all zoning districts except
the limited industrial and public/semi-public districts, where they are allowed as a
pennitted use, subject to all of the following:
(a) The size, scale, mass, noise generation, emissions generation, traffic
generation, and appearance of any buildings, structures, and facilities shall be
reasonably compatible with surrounding land uses.
(b) The use shall be buffered from adjoining properties in a manner consistent
with its size, scale, mass, noise generation, emissions generation, traffic
generation, and appearance to ensure compatibility with surrounding uses. At a
minimum, the use shall meet the perimeter landscaping requirements of section
42.27(3) for non residential properties, unless located in an area where the
, environmental characteristics made such buffering impractical. Police substations
may be exempted from these requirements if, in the opinion of the plar...1ing and
zoning beard,-<:omplianee .....ith the requirements is unneeessary for compatibility
with the surrounding ll&es.
(c) , The use shall comply with all of the general standards contained in section
41.052.
Section 2. The provisions of this ordinance are found and detennined to be consistent
with the City of Clearwater Comprehensive Plan.' , '
, Section 3. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
June 20, 1996
PASSED ON SECOND AND
FINAL READING AND ADOPTED
Rita Garvey, Mayor-Commissioner
Approved as to fonn and
legal sufficiency:
Attest:
Cynthia E. Goudeau, City Clerk
ORDINANCE NO. 6044-96
20
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ORD~ANCE NO. 6045-96
\'}
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, RELATING TO THE LAND DEVELOPMENT
CODE; AMENDING SECTIONS 40.134, 40.324, 40.365,
40.384, 40.404 AND 41.053, CODE OF ORDINANCES, TO
ALLOW BED AND BREAKFAST INNS AS A CONDITIONAL
USE IN TIIE MULTIPLE FAMILY RESIDENTIAL "TEN"
DISTRIct, NEIGHBORHOOD COlvlMERCIAL DISTRICT,
BEACH COMMERCIAL DISTRICf, AND RESORT
COMMERCIAL 24 AND 28 DISTRICTS; PROVIDING AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA:
Section 1. Sections 40.134, 40.324, 40.365, 40.384, 40.404 and 41.053, Code of
Ordinances, are amended to read:
Sec. 40.134. Conditional uses.
Within Multiple-Family Residential "Ten" Districts, the following uses may be allowed
as conditional uses:
(1) Level n group care.
(2) Congregate care.
(3) Noncommercial parking.
(4) Residential shelters.
(5) Utility facilities.
!6l Bed and b~ast inns.
. . . * *
8<<. 40.324. Conditional uses.
Within neighborhood commercial districts, the following uses may be allowed as
,conditional uses:
(1) Restaurants serving alcoholic beverages located within 200 feet of a church or a
school or with outdoor seating where the service area is located within 200 feet of
a reside'ntial zone;
(2) Package alcoholic beverage sates (package sales);
ORDINANCE NO, 6045-96
1
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" (3) Level I group care;
(4) Level n group care;,
(5) Level ill group care;
(6) Congregate care;
(7) Child day care;
(8) , Veterinary offices;
(9) Residential shelters;
(10) Noncommercial parking;
(11) Utility facUities;
(12) Adult day care;
(13) Outdoor retail sales, displays and/or storage,;,,:,
!W JJed and b~t inns.
. . . . .
, Sec. 40.365. Conditional uses.
Within beach commercial districtst the following uses may be allowed as conditional
, uses:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
. '
Outdoor commercial recreation/entertainment;
Nightclubs, taverns and bars;
Package alcoholic beverage sales (package sales);
Marina facilities;
Vehicle service;
Video electronic game rooms;
Veterinary offices;
Utility facilities;
ORDINANCE NO. 6045-96
2
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(9) Restaurants serving alcoholic beverages located within 200 feet of a church or a
school or with outdoor seating where the service area is located within 200 feet of
a residential zone;.>;>
om. Bed and breakfast inns.
...
.
*
lie
lie
Sec. 40.384. Conditional uses.
uses:
With resort commercial 24 districts, the following uses may be allowed as conditional
(1) Business/professional offices which serve the tourist;
(2) Nightclubs, taverns and bars;
(3) Package alcoholic beverage sales (package sales);
(4) Outdoor commercial recreation/entertainment;
(5) Recreational vehicle parks;
(6) Marina facilities;
(1) Video/electronic game rooms;
(8) Utility facilities;
(9) Restaurants serving alcoholic beverages located within 200 feet of a church or a
school or with outdoor seating where the service area is located within 200 feet of
a residential zone;.>;>
am Bed and breakfast inn~.
lie
.
lie
...
...
Sec. 40.404. Conditional uses.
uses:
Within resort commercial 28 districts, the following uses may be allowed as conditional
(1) Business/professional offices which serve the tourist;
(2) Nightclubs, taverns and bars;
(3) Package alcoholic beverage sales (package sales);
ORDINANCE NO, 6045-00
3
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,.
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.'
I'
(4) Outdoor commercial recreation/entertainment;
(5) Recreational vehicle parks;
(6) Marina facilities;
(7) Video/electronic game rooms;
(8) Utility facilities;
(9) Restaurants serving alcoholic beverages located within 200 feet of a church or a
school or with outdoor seating where the service area is located within 200 feet of
a residential zone;,;"
om Bed and breakfast ino..c;.
.
.
.
*
*
Sec.. 41.053. Supplementary standards by category of use.
The standards in this section which apply to the identified category of use shall
supplement the general standards of use identified in section 41.052. No conditional use shall be
authorized unless determined to meet all of the standards appHcable thereto.
.
.
.
*
.
(3) Bed and breakfast inn ~ may be allowed in the nei~borhood commercial
district, beach commercial district, resort commercial 24 and 28 districts. infill
commercial districtt downtown/mixed use district, urban center district, and all
residential districts, subject to all of the following:
(a) The hours of operation are compatible with surrounding uses;
(b) The volume of traffic generated by the use is compatible with surrounding
uses ;
(c) Such uses shall only be provided in principal structures containing not less
, than 1.500 square feet of gross floor area;
(d) Jo sinile-family <<sidential distric~ not more than 50 percent of the gross
square footage of the principal sttucture shall be utilized for the bed and
breakfast use. For the pwpose of calculating the area of the structure
devoted to the bed and breakfast use, only the floor area of the bedroom
and bathroom areas utilized by the bed and breakfast guests shall be
considered in such calculations;
ORDINANCE NO, 6G45-96
4
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(e) The use structure, site or location associated with the use shall contribute
significantly to the promotion of the city's historical, cultural or natural
heritage.
(f) The structure containing the use shall meet all applicable life safety codes
prior to the issuance of a certificate of occupancy.
(g) The use complies with all of the general standards contained in section
41.052.
Section 2. The provisions of this ordinance are found and detennined to be consistent
with the City of Clearwater Comprehensive Plan.
Section 3. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
June 20. 1996
PASSED ON SECOND AND
FINAL READING AND ADOPTED
Rita Garvey, Mayor~ommissioner
Approved as to form and
legal sufficiency:
Attest:
Cynthia E. Goudeau, City Clerk
ORDINANce NO, 6045-96
5 '
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ORDINANCE NO. 6050~96
. ,
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AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, VACATING THE NORTH 10 FEET OF THE
EXISTING 30 FOOT DRAINAGE AND UTI LIlY EASEMENT,
LYING SOUTH OF AND ADJACENT TO, LOT 13, BLOCK 6,
REVISED PLAT OF BROOKWOOD TERRACE
SUBDIVISIONt LESS THE EAST 5 FEET THEREOF;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Society of St. Vincent de Paul Upper Pineflas, Ine" owner of real
property located in the City of Clearwater, has requested that the City vacate the drainage
and utility easement described in Exhibit A attached hereto; and
WHEREAS, the City Commission finds that said easement is not necessary for
municipal use and it is deemed to be to the best interest of the City and the general public
that the same be vacated; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FlORIOf\:
Section 1. The following:
The North 10 feet of the existing 30 foot drainage and utility
easement, lying South of and adjacent to, Lot 13, Block 6,
Revised Plat of Brookwood Terrace Subdivision, less the East
5 feet thereof, as recorded in Plat Book 8, Page 34 of the
Public Records of Pinellas County, Florida,
is hereby vacated, closed and released, and the City of Clearwater quitclaims and
releases all of its right, title and interest thereto.
Section ~. The City Clerk shall record, this ordinance in the public records of
Pinellas County, Florida, following adoption.
Section a. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
June 20, 1996
Rita Garvey, Mayor-Commissioner
, .
Approved as to form and
and Ie a~~c~ __
Jo n Carassas, Ass\. City Attorney
Cynthia E. Goudeau, City Clerk
Attest;
OrdInance No, 6050-96
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99; -287
PIERCE STREET
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EXIIIBIT A
SIC, 15- 1295- R1 ~
VAC95-08.dJIIQ
RUS
5/1/95
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ORDINANCE NO. 6051.96
1~
AN ORDINANCE OF THE CITY OF CLEARWATER. FLORIDA,
ANNEXING CERTAIN REAL PROPERTY LOCATED WEST OF
MCMULLEN ROAD AND SOUTH OF ENTERPRISE ROAD,
CONSISTING OF A PORTION OF SECTION 33, TOWNSHIP 28S,
RANGE 16E, M&B 22..Q11 , WHICH IS VACAtff UNPLATTED
PROPERTY, INTO THE CORPORATE LIMITS OF THE CITY,
AND REDEFINING THE BOUNDARY LINES OF THE CITY TO
INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the owner of the real property described herein and depicted on the map
attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the
City pursuant to Section 171.044. Florida Statutes, and the City has compiled 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 foHowing-described property is hereby annexed into the City of Clearwater
and the boundary lines of the City are redefined accordingly:
See Exhibit B attached. (A 96-21)
Section 2. The provisions of this ordinance are found and detennlned 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 Cieri< of the
Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after
adoption, and shall file a certified copy with the Florida Department of State within 30 days after
adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
June 20) 1996
Rita Garvey
Mayor-Commissloner
Approved as to fonn and
legal sufficiency:
Attest:
~r-
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No.6051.ge
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PROPOSED ANNEXATION
AND ZONING ATLAS AMENDMENT
OWNER: JAMES AND HAZEL VOGEl
A: 96-21
PROPERTY DESCRIPTION: M&B 22.011
PARCEL -A- 1.08 ACRES
PARCEL .B- 6.96 ACRES
,.......;" ~
LAND USE PLAN ZONING
COUNTY: -A- R/OG A.E
-B- RL A.E
CITY: -A- R/Da OL
-B- RL RPD 5
ACRES: 8.04
RIGHT-of-WAY: ACRES:
ATLAS PAGE: 234A SEC: 33 lWP: 28 S RGE: 16 E
~"y.....~'t1:~""""~"Y~."'="l'>\."'~'1.~""'lf"'-'Y''''l~~ N<<"'..':tW,'..'.'".., ,'","Y ",.....,'. <..""'...7''''jt..','"'''''Y,..~_'V.--"''N''''.......'''''W':'!:m>:>ll:''''''''''''''l''%W.~','
jt.~Nli:1():~~N~:rQ~r[G.~9A[~flL,~J~NE'A~~1,99:G~~~;:)fX~J~i~'~J.;.&r91iY~c.pMMr~~STQN'~~~,QN~~llJr.is.tq;t"
EXHIBIT A
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LEGAL DESCRIPTION
A portion of the Northwest 1/4 of the Northwest 1/4 of Section 33, Township
28 South, Range 16 East, Pinellas County, Florida, being more particularly
described as follows:
Begin at the Southwest comer of said Northwest 1/4 of the Northwest 1/4 of
Section 33, the same being the Northwest comer of Shady Oak Farms as
shown on the plat recorded In Plat Book 80, Pages 95 and 96, public
records of Pinelfas County; thence N. 00001'46- E., along the Westerly
boundary of said Northwest 1/4 of Section 33, 509.19 feet; thence departing
said Westerly boundary. S. 89030'48- E.. 330.00 feet; thence N. 00001'46-
E., 160.00 feet; thence S. 89030'48- E., 295.02 feet; thence S. 00001'46"W.,
665.47 feet to the Southerly boundary of said Northwest 1/4 of the
Northwest 1/4, the same being the Northerly boundary of Shady Oak Farms;
thence N. 89051'15- W.t along said boundary, 625.00 feet to the Point of
BegInning.
EXHIBIT B
Ordinance No.6051-96
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'r
ORDINANCE NO. 6052~96
~o
AN ORDINANCE OF THE CITY OF CLEARWATER. FLORIDA,
AMENDING THE ZONING ATlAS OF THE CITY BY ZONING
CERTAIN REAL PROPERTY LOCATED WEST OF MCMULLEN
ROAD AND SOUTH OF ENTERPRISE ROAD, CONSISTING OF
A PORTION OF SECTION 33. TOWNSHIP 288, RANGE 16E,
WHICH IS VACANT UNPLAlTED PROPERTY. UPON
ANNEXATION INTO THE CITY OF CLEARWATER, AS UMITED
OFFICE (OL) FOR TRACT A, AND RESIDENTIAL PLANNED
DEVELOPMENT -Five. (RPD~5) FOR TRACT B; PROVIDING AN
EFFECTIVE DATE,
WHEREAS. the assignment of a zoning district classification as set forth in this ordinance
is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive
plan; now. therefore, '\-:
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
,
Section 1. The following described property located In Pinellas County. Florida, is hereby
zoned as Indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is
amended. as follows:
Property
Zoning District
See Exhibit A attached.
(A96-21)
TRACT A: Limited Office M (OL)
TRACT B: Residential Planned Development M (RPD-5)
Section 2. The Central Pennitting Director is directed to revise the zoning atlas of the City
In accordance with the foregoing amendment.
Section 3. This ordinance shall take effect immediately upon adoption. subject to the
adoption of Ordinance No. 6051-96.
PASSED ON FIRST READING
June 20. 1996
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Rita Garvey
Mayor-Commlssloner
Attest:
Cynthia E. Goudeau
City Clerk
Ordinance No. 6052.95
1"- ..
'1 ~
LEGAL DESCRIPTION
LEGAL DESCRIPTION COMMON TO BOTH PARCELS:
A portion of the Northwest 1/4 of the Northwest 1/4 of Section 33,
Township 28 South, Range 16 East, Pinellas County, Florida, said
tracts being more particularly described as follows:
TRACT A: Commence at the Southwest comer of said Northwest
1/4 of the Northwest 1/4 of Section 33, the same being the
Northwest comer of Shady Oak Fanns as shown on the plat
'recorded in Plat Book 80, Pages 95 and 96, public records of
Pinellas County; thence N. 00001'46- E., along the Westerty
boundary line of said Northwest 1/4 of Section 33. 509.19 feet;
thence departing said Westerly boundary, S. 89030'48- E., 330.00
feet to the point of beginning. Thence run N. 00001'46- E., 160.00
feet; thence S. 89030'48- E.. 295.02 feet; thence S. 00001 '46- W..
160 feet; thence N. 890 51' 15- W., 295.02 feet, to the point of
beginning.
TRACT B: Commence at the Southwest comer of said Northwest
1/4 of the Northwest 1/4 of Section 33. the same being the
Northwest comer of Shady Oak Farms as shown on the plat
recorded In Plat Book 80, Pages 95 and 96, public records of
Pinellas County. Thence N. 00001'46- E., along the Westerfy
boundary line of said Northwest 1/4 of Section 33, 509.19 feet to the
point of beginning. Thence departing said westet1y boundary, S.
89030'48- E., 625.02 feet; thence S. 00001'46- W., 505.47 feet;
the'nce N. 8905f15 W., 625.00 feet; thence N. 00001'46- E, 509.19
feet, to the point of beginning.
EXHIBIT A
Ordln_nee No. 6062.96
.. . .. '. ~ I" '- Y
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_ cNTERllRJSE ROAD 1._
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PROPOSED ANNEXATION
AND ZONING ATLAS AMENDMENT
OWNER: JAMES AND HAZEL VOGEL
A:s.6;ll
LAND USE PLAN ZONING
COUNTY: .A. R/CG A.E
"B" RL A.E
CITY: .A. R/CG OL
.B. RL RPD 5
PROPERTY DESCRIPTION: M&B 22,011
PARCEL .A- 1.08 ACRES
PARCEL -B. 6.96 ACRES
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ACRES: 8.04
RIGHT o.{Jf.WA Y: ACRES:
ATLAS PAGE: 234A SEe: 33 TWP: 28 S RGE: 16 E
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ORDINANCE NO. 6053-96
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, VACATING PORTIONS OF AN EXISTING 15'
UTILITY EASEMENT, LOTS 3, 4 & 13 PINELLAS GROVES
IN THE SW 1/4 OF SECTION 1, TOWNSHIP 295, RANGE
15E; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Clearwater, owner of real property located in the City of
Clearwater, has requested that the City vacate the utility easement described in Exhibit A
attached hereto; and
WHEREAS, the City Commission finds that said easement is not necessary for
municipal use and it is deemed to be to the best interest of the City and the general public
that the same be vacated; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA:
Section 1. The following:
The South 166.00 feet of a Pennanent Utility Easement over the East
7.50 feet of Lot 4 and over the West 7.50 feet of Lot 3 in SW 1/4 of
Section 1, Township 29 South, Range 15 East, of Pinellas Groves as
recorded in Plat Book 1, Page 55 of the Public Records of Pinellas
County, Florida;
and
The North 162 feet of a Permanent Utility Easement over the East
15.00 feet of Lot 13 in the SW 114 of Section 1, Township 29 South,
Range 15 East, of Pinellas Grovesl as recorded in Plat Book 1. Page
55 of the Public Records of Pine lias County, Florida.
is hereby vacated, closed and released, and the City of Clearwater quitclaims and
releases all of its rightl title and interest thereto.
Section 2. The City Clerk shall record this ordinance in the public records of
PineUas County, Florida, following adoption.
OrdInance No, 6053-96
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Section 3. This ordinance shall take effect Immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to fcnn and
, and legal sufficiency:
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Assistant City Attorney,
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June 20, 1996
Rita GalVey
Mayor-Commissioner
Attest:
Cynthia E. Goudeau
City Clerk
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Ordinance No, 6053-96
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ORDINANCE NO. 6054~96
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AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, REDUCING THE EASEMENT GRANTED BY
CITY OF CLEARWATER ORDINANCE 116; PROVIDING
AN EFFECTIVE DATE.
WHEREAS, CSX Transportation, Inc., through its predecessor in interest, Tampa
& Gulf Coast Railroad, was granted a thirty-six foot (36') easement for the construction,
operation and use of railroad tracks over and across City property as described in City
of Clearwater Ordinance 116; and
WHEREAS, City and CSX Transportation, Inc. do hereby agree to reduce the
easement to thirty-five and one-half feet (35.5'); now therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA:
Section 1. The easement area granted to CSX Transportation, fnc. from the City
of Clearwater is hereby confirmed and reduced to a total width of thirty-five and one-half
feet (35.5'), all in Section 16, Township 29 South, Range 15 East, with the west side of
such easement being measured as seventeen and one-half feet' (17.5') from the
centerline of the existing railroad tracks on East Avenue between Drew Street and
Druid Road, as further described in Exhibit A, attached hereto and incorporated herein;
and the east side of said easement being measured as eighteen feet (18') from the
centerline of said tracks, all of which lies within the existing road right-of-way.
Section 2. The City Clerk is hereby directed to record this ordinance and Exhibit
A in the public records of Pinellas County, Florida.
Section 3. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
June 20, 1996
Rita Garvey, Mayor~Commissioner
Approved as to form and
legal sufficiency: .
~~ ,
John Carassas, Asst. City Atty.
Attest:
"
Cynthia E. Goudeau, City Clerk
OrdInance No. 6054-96
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P1NELLAS COUNTY PUBUC WORKS
LAND SURVEY DIVISION
22211 U, S. HIGHWAY 19 N,
CLEARWATER. FLORIDA 034625- 20347
SECTION(S) 16. TOWNSHIP 29 SOUTH. RANGE 15 EAST
Additiont 01 delelfons by o,h., 'nall Ih. Plor.uionol Land SUl"tt)'Qf II'! fupontibl' chari;!' i! pfah',bited.
Lond O..c:tiplioll it Involid wilhout slQllolure olld/of .mOOned teol 01 the Prorea!lonol Land SUl"t.yw
DESCRIPTION
A strip. lying within 17.5 ft. west of the following described centerline
of the existing CSX Transportation railroad tracks along East Avenue
(a.k.a. East Street) in Section 16, Township 29 South, Range 15 East.
PineUas County, Florida, being bounded on the south by the South line
of the Northeast 1/4 of the Southeast 1/4 of said Section 16, and
bounded on the North by the easterly prolongation of the South line of
JONES SUBD. OF NICHOLSON ADDITION TO CLEARWATER, according to plat
thereof, as recorded in Plat Book 4, Page 82, public records of Hillsborough
County, Florida, of which Pinellas County was formerly a part:
Commencing at the East 1/4 Corner of said Section 16, run
S 00'03'06"W along the East line of the Southeast 1/4 of
said Section 16, for a distance of 1328.82 ft. to the
Southeast corner of the Northeast 1/4- of said Southeast 1/4
of Section 16: thence N 89'OO'56"W along the South line
thereof, for a distance of 363.45 it. to a point on the
centerline of said railroad tracks for a POINT Of' BEGINNING:
thence N 04"56'18"E along said centerline, for a distance
of 221.81 ft. to a Point of Curvature: thence northwardly,
490.97 (t. along said centerline, the same being the arc
of a curve, concave to the west. having a radius of
5729.58 fl.. through a central angle of 04'54'35", a
chord of N 02'29'01" E, 490.82 ft. to a Point of Tangency:
thence N 00'01'43"E along said centerline, for a distance,
of 3278.01 ft. to a Point of Intersection with the easterly
prolongation of said South line of JONES SUBD. OF NICHOLSON
ADDITION TO CLEARWATER and the POINT OF ENDING.
BASIS OF BEARINGS: Bearings indicated are Grid North.
EXHIBIT A
SHEET 1 OF .3
Porcel No.: 107-R
Drdinnncp. No. 6054-96
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SHEET 3 OF 3
PINELLAS COUNTY PUBLIC WORKS
LAND SURVEY DMSION
222 \ 1 U,S. HIGHWAY 19 N.
CLEARWATER, FLORIDA 34625-2347
SECTION(S) 16, TOWNSHIP 29 SOUTH. RANGE 15 EAST
Addition. 01 deleliO<'l' by other IhQn 'h, Profuslonol land SUN9)'Or in rnponlibt. charge i. Pfohibiled,
land Oe.eriplion I. Involid without siQnalul' and/or emboued nal 01 lh, Praf...lonal land SUrwyor'
MAGN L1A PARK SUB.
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EXHIBIT
SHEET 2 OF 3
PINE ROAD
SUB.
3/43
BLOCK 2
DRUID ROAD
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SKETCH--NOT A SURVEY
SCALE (feet)
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RADIUS - 5729.58
ARC LENGTH - 490.97'
DELTA ANGLE = 04'54'35"
TANGENT .. 245.63'
CHORD == N 02'29'01. E
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Parcel No.: 107-R
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PINELLAS COUNlY PUBLIC WORKS
lAND SURVEY DIVISION
22211 U.S. HIGHWAY 19 N,
CLEARWATER, FLORIDA 34625-2347
SECTION(S) 16. TOWNSHIP 29 SOUTH. RANGE 15 EAST
.Addition. or deletion. by olhtr tllon tile Plolnslonol Lond Surveyor in rupon"blt chorql Is prohlbit.d.
land OucripliOll is in'o'Olld .ithout t'9"O'Uf. ond/or embocsed 1I~1 01 the PIOIUlloMI lond SUlVeyor
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CLEARWATER BLOCK 7. B. 9 AND 10
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EXHIBIT A
SHEET 3 OF 3
Parcel No.: 107-R
ORDINANCE NO. 6056--96
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AN ORDINANCE OF ruE CITY OF CLEARWATER, FLORIDA,
AMENDING THE OPERATING BUDGET FOR THE FISCAL YEAR
ENDING SEPTEMBER 30, (996 TO REFLECT INCREASES AND
DECREASES IN REVENUES AND EXPENDITURES FOR THE GENERAL
FUND, SPECIAL DEVELOPMENT FUND, SPECIAL PROGRAM FUND,
WATER AND SEWER FUND, GAS FUND, SOLID WASTE FUND,
STORMWATER UnLlTY FUND, RECYCLiNG FUND, PARKING FUND,
PIER 60 FUND, GENERAL SERVICES FUND, GARAGE FUND, CENTRAL
,n~SURANCE FUND, AND ADMINISTRATIVE SERVICES FUND, AS
PROVIDED HEREIN; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the budget for the fiscal year ending September 30, 1996, for operating purposes,
including debt service, was adopted by Ordinance No, 5913-95; and
WHEREAS, at the Mid Year Review it was fOllnd that an increase in expenditures of $510,521 is
necessary in the General Fund; an increase of $816,873 is necessary in the Special Development Fund; an increase of
$1,042,517 is necessary in the Special Program Fund; an increase of $610,586 is necessary in the Water & Sewer
Fund; an increase of $ t .393,293 is necessary in the Gas Fund; an increase of $ I 1,180 is necessary in the Solid Waste
Fund, an increase of $18,440 is necessary in the Stonnwnter Utility Fund; an increase of $4,930 is necessary in the
Parking Fund; an increase of $25,000 is necessary in the Central Insurance Fund; and that sufficient revenues are
available to cover these additional expenses; and
WHEREAS, a summary of the amended revenues and expenditures is attached hereto and marked
Exhibit A; and
WHEREAS, Section 2,5 I 9 of the Clearwater Code authorizes the City Commission to provide for
the expenditure of money for proper purposes not contained in the budget as originally adopted due to unforeseen
circumstances or emergencies arising during the fiscal year;
NOW, THEREFORE, BE IT ORDAINED BY TIlE CITY COMMISSION OF
THE CITY OF CLEAR WATER. FLORIDA;
Section I. Section I of Ordinance No. 5913-96 is amended to read:
Pursuant to the Amended City Manager's Annual Report and Estimate for the
fiscal year beginning October I, 1995 and ending September 30, 1996 u copy of
which is on file with the City Clerk, the City Commission hereby adopts !Yl
amended budget for the operation of the City, a copy of which is attached hereto as
Exhibit A, '
Section 2. This ordinance shall take effect immediately upon adoption,
PASSED ON FIRST READING
June 20 I 1996
PASSED ON SECOND AND FINAL READING
Rita Garvey, Mayor-Commissioner
Attest:
Approved as to form and
legal sufficiency:
~AkiO' City AUorney
Cynthia E. Goudeau, City Clerk
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EXHIBIT A
6112/96
1995.9G BUDGET REVENUE
Firat
Quarter MId Year
Original Amended Amended
Budget Budget Budget
19951g0 1995190 1995196 Difference
General Fund:
Property Taxes 19,303,820 19,303,820 19,303,820
Solos Tal( 4,358.280 4,358,260 4,358,260
Franchise Feel 6.144,630 6,144,530 6,644,630 500,000
Utility Taxl)l 12,845,080 12,845,080 13,445,080 600,000
licenses & Pennlts 2,402,000 2,402,000 2,402,000
Fines, Forfelturos or
PenalUe. 1,508,000 1,508,000 1,428,000 ..sO,OOO
Intergovernmontal Revenue 7,278,090 7,278,090 7,279,890 1,800
Charges for Services 1,110,490 1,110.490 1,121,820 11 ,330
Use and Salo of City Property
and Money 1,366,350 1,366.350 1,368,350 2,000
Miscellaneous Revonues 108,420 108,420 120,420 12,000
Interfund Transfer 9,311,830 9,311,830 9,293,830 .18,000
Transfer from Surplu. 0 2,498,938 1,980,329 -518,609
Total, General Fund 65,736,970 06,235,908 68,746,429 510,521
Special Revenue Funda:
Special Development 0,409,040 12,2~5,801 13,392,674 1,146,873
Special Program Fund 1,118,000 1,613,586 2,656,103 1,042,517
Utility & Other Entorprlso Funds:
Water & Sewer Fund 38,461,100 36,461,100 36, 120,~86 -340,814
Gas Fund 19,055,970 21,790,725 22,338,214 547,489
Solid Waste Fund 12,215,450 12,239,330 12,258,940 19,610
Stonnwater Utility Fund 4,160,630 4,161,770 4,180,210 18.440
Recycling Fund 2,341,100 2,163,060 1,933,260 .249,600
Marine fund 1,855,020 1,655,020 1,051,220 .3,800
Parking Fund 2,586,090 2,726.366 2.731,296 4,930
Pier 60 Fund 335,340 344,410 325,740 -18,670
Harborvlaw Center Fund 796,500 196,500 796,500
Internal Service Funds:
, AdminIstrative Sorvlces Fund 4,563,430 5,429,156 5,<429,156
General Services Fund 2,921,480 2,251,800 2.251,800
Garage Fund 8,>163,980 8,483,080 ' 8,313,530 .170,450
Central Insurance Fund 8,238,730 8,238,730 8,238,730
Total, All Funds 180,278,030 189,057,242 191,564,008 2,5013,846
ordInance no. 6056.96
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EXHIBIT A (Continued)
1995-96 BUDGET EXPENDITURES
Firat
Quarter Mid Yflo1r
Original Amended Amendod
Budget Budget BUdget
1995196 1995196 1995196 Dlfforonce
General Fund:
City Commission 180,530 190,530 208,530 18,000
Admlnl.trallon 2,199,130 2,343,020 2,336,770 -6,250
Legal 1,087,150 1,087,150 1,063,520 -23,630
City Clerk 648,870 675,370 671,100 -4,270
1M - Communlly Outreach 505,310 540,310 540,310
Flnanco 1,353,750 1,353,750 1,353,750
Heman Re.ourcel 875,800 705,910 714,410 8,500
Police 21,972,490 21,988,890 21,919,170 -69,720
Fire 10,171,060 10,171,060 10,137,720 -33,340
Contral Pennl"lng 1,654,670 1,854,670 1,854,670
Economic Developmont 470,810 470,610 470,810
Parks & Rocreatlon 10,161,250 10,161,250 10,155,081 -6,169
Library 3,925,640 3,925,640 3,946,390 20,750
Englnoerlng 4,820,910 4,820,910 4,806,820 -14,090
Public Works 1,637,020 1,637,020 1,634,2,80 .2,740
Englnoerlng - Airpark Coordlnatlon 61,480 61,480 61,480
Martne . Sailing Center 122,690 122,690 122,690
Non-Dopartmental 3,688,410 6,125,448 6,746,928 623,480
Total, General Fund 65,736,970 68,235,908 68,746,429 510,521
=
Spec'al Revonue Funda:
Spoclal Development Fund 9,113,160 11,949,921 12,766,794 816,873
Special Program Fund 1,018,000 1,513.586 2,556,103 1,042,517
Utility & Other EnterprIse Funds:
Water & Sowor Fund 35,439,210 35,509,700 36,120,286 610,586
Ga. Fund 17,998,010 19,939,523 21,332,816 1,393,293
Solid W..t. Fund 12,215,450 12,239,330 12,250,510 11,180
Stonnwater Utility Fund 4,160,630 4,161,710 4,180,210 18,440
Recycling Fund 2,126,680 2,104,740 1,895,610 -209,130
Martne Fund 1,805,460 1 ,805,460 1,805.460
Parking Fund 2,586,090 2,726,366 2,731,296 4,930
Plor eo Fund 323,880 332,950 325,740 -7,210
Harborvltlw Cont.r Fund 796,500 796,500 796,500
Intemal Sorvlca Fundi:
Admlnl.tn.t1vo Servlco. Fund 4,553,830 5,414,056 5,071,346 .342,710
General Sorvlces Fund 2,826,870 2,162,690 2,162,690
Garago Fund 7,962,750 7,962,750 7,623.470 -339,280
Contrallnlurance Fund 7,645,200 7,645,200 7,670,200 25,000
Total, All Fundi 176,310,690 1841600,460 188,035,460 3,535,010
ordinance no, e056.06
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OIlDlNANCE NO. 6057.96 .;;( I 1
AN ORDINANCE O~ TilE CITY OF CLEARWATER, FLORIDA, AMENDING THE -(
CAPITAL JMPROVEMENT PROGRAM REPORT AND BUDGET FOR THE FISCAL
YEAR ENDING SEPTEMBER 30, 1996, TO REFLECT A DECREASE IN BUDGET
EXPENDITURES TO EXPAND THE SCOPE OF PROJECTS IN TIm FUNCTIONAL
CATEGORIES OF POLICE PROTECTION, FIRE PROTECTION, SIDEWALKS AND
BIKE TRAIL, PARK DEVELOPMENT, CITY HALL, WATER SYSTEM, SEWER
SYSTEM, AND UTILITY MISCELLANEOUS, AND TO REFLECT A DECREASE IN
BUDGET EXPENDf111RES TO REDUCE THE SCOPE OF PROJECTS IN nIE
FUNCTIONAL CA TEGORlES OF INTERSECTIONS, MISCELLANEOUS
ENGINEERING, LAND ACQUISITION, MARINE FACILITIES, GARAGE, BUILDINGS
& EQUIPMENT MISCELLANEOUS, STORMW A TER UTILITY, GAS SYSTEM, AND
RECYCLING, FOR A NET DECREASE OF $15.104,916; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the Cnpitallmprovernent Program Report and Budget for lhe fiscal year ending Scptembcr
30, 1996 was adoptcd by Ordinance No, 5914-95; and
WHEREAS, unanticipated needs necessitate an increase in expenditures for the following: Police
Protection $285,000; Fire Protection $9,477; Sidewalks and Bike Trail $100,000; Park Development $785,020; City
Halt $916,323; Water System $281,610, Sewer System $5,147; and Utility Miscellaneous $493,226; and
WHEREAS, funds of $4.284.429 are nvailable to finance these projects through use of Gcneral Fund
Revenues, Special Development Fund Revenues, Community Redevelopment Agency Revenues, Infrastructure Taxes,
Pinellas County Commission Revenues, Revenues from Other Municipalities, Rental Fees, Water & Sewer Revenues,
Gns Revenues, Solid Waste Revenues, Stonnwater Utility Revenues, Lease Purchase Revenues, Municipal
ServicesIPolice Complex Construction Bond Revenues and
WHEREAS, Section 2,519 of th~ Clearwater Code authorizes the City Commission to provide for the
expenditure of money for proper purposes not contained in the budget as originally adopted due to unforeseen
circumstances or emergencies arising during the fiscal year;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF CLEARWATER. FLORIDA;
Section 1. Section 1 of Ordinance No. 5914-95 is amended to read:
Pursuant to the Mid Year Amended Dpilallmprovement Program Report and Estimated
Budget for lhe fiscal year beginning October I, 1995 and ending September 30, 1996, a copy
of which is on file with the City Clerk, the City Commission hereby adopts a Mid Year
Amended budget for the capital improvement fund for the City of Clearwater, a copy of which
is attached hereto as Exhibit A.
Section 2. This ordinance shall take effect immediately upon adoption,
PASSED ON FIRST READING
June 20. 1996
PASSED ON SECOND AND FINAL READiNG
Rita Garvey, Mayor-Commissioner
Cynthia E. Goudeau, City Clerk
Approved as to fonn and
legal su,l1iciency:
<lJ,t
Pa: nela K. Akin, City Anomey
Attest:
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EXHIBIT A
6/1 0/96
CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 1995/96
First Qtr Mid Year
Original Amended Amended
Budget Budget Budget
1995/96 1995/96 1995/96 Amendments
------
Police Protection 415,000 1,251,728 1,536,728 285,000
Fire Protoctlon 73,680 105,688 115,165 9,477
New Street Construction 2,300,000 2,300,000 2,300,000
Major Street Maintenance 1,625,160 1,625,160 1,625,160
"
Sidewalks & Blko Trails 200,000 ~2,678 97,322 100,000
Stonn Dralnago 0 -340,638 -340,638
Intersections 535,000 535,000 12,066 -522,934
Parking 150,000 148,982 148,982
Miscellaneous Engineering 1,375,000 2,260,000 2,253,695 -6,305
Land Acquisition 0 0 -150,000 -150,000
Park Development 1,400,000 3,079,411 3,864,431 785,020
Beautlflcatlon 0 0 0
Marine Facilities 110,000 72,016 5,535 -66,481
Libraries 676,110 674,750 674,750 0
Garage 3,030,850 2,046,450 2,046,446 -4
Maintenance of Buildings 249,000 249,000 249,000
City Hall 0 220,388 1,196,711 976,323
Miscellaneous 3,880,880 4,418,147 4,155,882 -262,265
Stonnwater Utlllty 20,765,000 21,408,771 4,536,041 ~16,872,730
Water System 1,125,000 1,125,000 1,406,610 281,610
Sewer System 3,724,700 3,655,406 3,660,553 5,147
Gas System 8,092,000 7,047,459 6,987,459 -60,000
Solid Waste 305,000 400,227 400,227
Utllltius Miscellaneous 0 120,304 613,530 493,226
Recycling 371,300 289,982 189,982 -100,000
TOTAL 50,403,680 52,690,553 37,585.637 -15,104,916
------------ ------------ ------------ ------------
------------ ------------ ------------ ------------
ordinance no, 6057-96
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EXHIBIT A (Continued)
CAPITAL IMPROVEMENT PROGR"'M FOR FISCAL YEAR 1995/96
First Qtr Mid Year
Original Amended Amended
Budgot Budget Budgot
1995/96 1995/96 1995/96 Amendments
GENERAL SOURCES: ----- ----
Gonoral Operating Revonuo 1,151,000 3,586,966 4,074,622 ' 487,656
Goneral Revenue/County Co-op 206,110 206,110 200,110
Goneral Revenue/County EMS 73,680 73,680 73,680
Special Development Fund 0 142,712 756,022 613,310
Community Redevelopmont Agency 0 0 49,931 49,931
Road Millage 1,552,200 1,552,200 1,552,200
Recreation Facility Impact Foes 0 439,270 439,270
Recreation Land Impact Foes 0 0 -99,000 -99,000
Transportation Impact Fees 90,000 90,000 90,000
Infrastructure Tax 5,770,960 7,991,660 8,294,223 302,563
Development Impact Foes 100,000 125,000 125,000
l.ocal Option Gas Tax 1,170,000 1,170,000 1,170,000
Grant 0 80,706 -597,294 -678,000
FEMA 0 29,568 29,568
PlneJlas County Commission 0 0 19,497 19,497
Property Owners Share 0 625,000 625,000
Donations 0 5,000 5,000
Other Munlclpalltlos 0 2,440 84,249 81,809
Spoclal Program Fund 0 0 0
Rental foes 0 13,661 19,249 5,588
SELF SUPPORTING FUNDS:
Marine Operating Revenuo 40,000 40,000 31,896 -8,104
Brldgo Revonue 0 0 -167,415 -167,415
Parking Revenue 150,000 225,000 225,000
Pier 60 Rovenue 0 0 0
Utility System:
Water & Sewer Revenue 3,249,700 3,320,189 4,056,015 735,826
Water Impact Fees 50,000 50,000 50,000
WaterR& R 700,000 700,000 700,000
Sewer Impact 50,000 50,000 50,000
Sewer R & R 650,000 650,000 ' 650,000
Gas Revenue 232,000 2,953,115 4,234,501 1,281.386
Gas R & R 0 25,004 25,004
Solid Waste Rovenue 210,000 233,880 248,510 14,630
Stormwater Utility 1,250,000 1,251,140 1,305,640 54,500
Recycling Revenue 196,300 214,760 114,760 -100,000
Rocycllng Grant 175,000 175,000 175,000
ordinance no. 6057~96
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EXHIBIT A (Continued)
CAPITAL IMPROVEMEN1' PROGRAM FOR FISCAL YEAR 1995196
First Qtr MId Year
Original Amended Amended
Budget Budget Budget
1995/96 1995/96 1995/96 Amendments
----..-- ~--
GENERAL SOURCES:
Enterprise Operating Revenue 300,000 300,000 300,000
Harborvlaw Center 0 0 0
INTERNAL SERVICE FUNDS:
Garage Fund 65,800 65,800 65,800
Admin Services Fund 15,000 15,000 15,000
, General SeNlcos Fund 0 0 0
BORROWING:
lease Purchase 91,000 30,240 365,931 335,691
Bond Issue ~ Mom Cswy 1,350,000 1,350,000 1,350,000
Bond Issuo .. Downtown lake 17,000,000 17,000,000 0 -17,000,000
Bond Issue ~ Sand Key 0 473,000 473,000
Bond Issue.. Mun Svca Police Bldg 0 0 302,342 302,342
Internal BorrowIng 0 -2,000,000 -2,000,000
SELF-SUPPORTING FUNDS:
Water & Sewer leaso/Purchase 150,000 ..s, 1 07 ..s, 1 07
Stormyiater lease/Purchase 0 159,770 159,770
Solid Waste lease/Purchase 95,000 95,000 95,000
Gas lease/Purchase 0 -48,590 -48,590
1994 Gas Bond Issue 7,860,000 4,131,569 2,795,063 ~1,336,506
INTERNAL SERVICE FUNDS:
Garsge lease/Purchase 1,534,200 1,534,200 1,534,200
Gen Svc leaselPurchase 3,630,850 3,630,850 3,630,850
Admin Svc Lease/Purchase 1,184,880 ..s2,240 ..s2,860 ..s20
TOTALS: 60,343.680 62,690.553 37.585,637 ~15t 104,916
------------ ------------ ------------ ------------
------------ ------------ ------------ , ------------
ordinance no, 6057-96
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ORDINANCE NO. 6058-96
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, RELATING TO REGISTRATION OF
LOBBYISTS, AMENDING SECTION 2.7001 CODE
OF ORDINANCES, TO REVISE DEFINITIONS OF
BOARDS AND LOBBYING; AMENDING SECTION
2.701 TO ADD TWO-DAY GRACE PERIOD TO
REGISTRATION REQUIREMENTS; PROVIDING AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF
THE CiTY OF CLEARWATER, FLORIDA:
~s
Section 1. Section 2.700, Code of Ordinances, is amended in part to
read as follows:
Sec. 2.700. Definitions.
Bdards mean the Planning and Zoning Board. the Municipal Code
Enforce:ment Board. the Design Review Board and the Development Cod~
Adjustment Board aJJ.-beards, both advisory and regulatory 1 established by
ordinanoo of the City of Clealwalar.
* * * * * *
Lobbying means oral communication oommunicating. orally or in writing,
with a member of the Commission, a board or staff, for the purpose of attempting
to influence action or inaction of any commissioner, any board member or staff
member; or, for the purpose of encouraging the passage, defeat or modification,
of any proposal or recommendation.
* * * * * *
Section 2. Section 2.701, Code of Ordinances, is amended to read as
follows:
Sec. 2.701. Registration.
(a) All lobbyists shall register with the City Clerk before engaging in
any lobbying activities when practical: or within two working days after engaging
in any labbying activities. Every person required to register shall, register on
forms provided by the Clerk and state under oath:
(1) His or her name,and business address,
(2) The name and business address of each person or entity
that has employed said the lobbyist to lobby,
Ordinance No. 6058-96
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(3) the chief officer, partners or beneficiaries of the corporation,
partnership or trust, which has employed the lobbyist to
lobby,
(3) The persons sought to be lobbied, and
(4) The specific issue on which he or she has been employed to
lobby.
(b) A separate registration shall be required for each specific issue.
(c) Any change to any information originally filed shall require that the
lobbyist file an amendment to the registration form. The lobbyist has a
continuing duty to supply information and amend the forms filed throughout the
period in which the lobbying occurs.
Section a" This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
June 20~ 1996
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Rita Garvey, Mayor-Commissioner
Approved as to form and
legal sufficiency:
Attest:
dikJ
Pamela K. Akin, City Attorney
Cynthia E. Goudeaut City Clerk
I
I
2
Ordinance No. 6058.96
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QBDINANCE ~O. 6061-96
AN ORDINANCE OF THE CITY OF CLEARWA TER,
FLORIDA, RELATING TO SPECIAL EVENTS;
AMENDING SECTION 22.83 TO ALLOW SPECIAL
EVENTS ON HOLIDAY WEEKENDS IN THE CITY'S
BEACH AREAS; PROVIDING AN EFFECTIVE DATE.
~~
WHEREAS, the City Commission desires to encourage tourism and
special events in the City's beach areas; and
WHEREAS, the City's Code of Ordinances currently prohibits special
events In the City's beach areas on holiday weekends; and
WHEREAS, the City Commission desires to delete this provision in the
City's Code of Ordinances; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF CLEARWATER, FLORIDA:
Section 1. Section 22.83, Code of Ordinances, is amended in part to delete
Subsection (3) to read as follows and to renumber the remaining subsections:
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) No special e'.~nt shall be approved for the city's bS3ch area& on a holiday
weQkend~
* * . . * .
Ordinance No. 6061-96
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Section 2\ This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form and
legal sufficiency: ,
Jllt~J
Pamela K. Akin. City Attorney
~ ,
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2
June 14. 1996
Rita GaNey. Mayor-Commissioner
Attest:
Cynthia E. Goudeau, City qlerk
Ordinance No. 6061-96
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Item # 27
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Clearwater City Commission
Agenda Cover Memorandum
Item ,
:;:) 7 .oe"", .ot., -
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SUBJECT:
PURCHASE OF A RESCUE UNIT
RECOMMENDATION/MOTION:
Award a contract to purchase 3 rescue unit for the Fire Department at a cost of $334,965.00
from Saulsbury Fire Equipment, Inc., Tully, New York, which is the lowest, most responsive,
and responsible bid submitted in accordance with the specifications.
~ nod that the uppropriate officials be authorizL~ to execute SDmC.
BACKGROUND:
The rescue unit (squad truck) is a single, specialized vehicle to complement other fire
vehicles at an emergency scene by providing area lighting, air bottle refills, Jaws Of Life,
an air compressor, air bags for vehicle lifting, confined space rescue equipment, etc. The
existing squad truck has exceeded its useful life and will shortly become both unreliable for
its emergency role and economically unfeasible to continue repairing. The replacement vehicle
was approved in the fiscal year 1993/94 budget and bids were solicited for the replacement
unit in late 1994; however, only one (1) bid was received. The specifications were
consequently rewritten to provide more bidder latitude/options and rebid in March 1996, with
two (2) companius submitting bids.
The major new options allowed two (2) cab and chassis types of major u.s. manufacturers of
commercial trucks and the body of the squad truck being manufactured from either stainless
steel or aluminum. upon evaluation of the bids, the Spartan cab and chassis with a stainless
steel body is the most cost-effective and desirable replacement unit.
The new vehicle chassis carries a standard 1-year warranty and the rear body unit carries a
10-year structural defects warranty from saulsbury Fire Equipment, Inc.
Funding for this vehicle is budgeted in CIP project 315-91218, which has available
lease/purchase monies of $325,000. A third quarter budget amendment will be submitted to
increase the lease/purchase monies by $9,965 to cover the cost appreciation.
Fiscal year 1996/97 budgetary impact for the lease/purchase is approximately $58,149
(principal: $43,749, Interest: $14,400), increasing to $77,532 per year during the 5-year
life of the lease.
Reviewed by: Od.;~th," .opt, ~' Costs: S 334.965 Commission Action:
Legal ~ Fire Department / Total 0 Approved
Budget 0 Approved w/condltions
Purchasing S - 0 -
Risk Hgmt. I Current Fiscal Yr. 0 Denied
User Dcpt:
CIS N/'" fire Department 0 Continued to:
AeM '1' .b. fL funding Source:
Finance 0 capi tal Imp.
Advertised: 0 Operating Attachments:
Dote: 3/29/96 and 4/5/96 0 Other Bid TabuLation/8id Summary
"& Paper: Tampa Tribune;
P.C.Review
~ 0 Hot Requi red 0 None
SWaittcd by: Affected Parties Appropriation Code:
fl~~ ~ Notified 315-91216'564000-522-000
City H ger IJ Not Rcqui red
~ Printed on recycled paper
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Clearwater City Commission
Agenda Cover Memorandum
Item II
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SUBJECT:
REAPPOINTMENT OF FIREFIGHTERS SUPPLEMENTAL TRUST FUND TRUSTEES
RECOMMENDATION/MOTION:
REAPPOINT TWO CLEARWATER RESIDENTS, MR. MYRON L. AHRENS AND MR. RICK G.
STUCKER, AS TRUSTEES OF THE CLEARWATER FIREFIGHTERS SUPPLEMENTAL TRUST FUND IN
ACCORDANCE WITH SECTION 275.062 OF THE FLORIDA STATUTES.
[] and that the appropriate officials be authorized to execute some.
BACKGROUND:
The Clearwater Firefighters Supplemental Trust Fund is the recipient of monies
obtained by the state of Florida from insurance companies doing business within
the community. These monies are required to be administered by a Board of
Trustees whose composition must consist of: two (2) legal residents of the
city appointed by the city Commission; two (2) city firefighters elected by the
firefighters; and a fifth member chosen by a majority of the other four (4)
members and submitted to the city commission for appointment. The Board of
Trustees is solely responsible for administration of the trust fund.
In 1994, the city commission reappointed both Mr. Myron L. Ahrens and Mr. Rick
G. Stucker as City Commission Trustees to serve for another standard two (2)
year term. Both Mr. Ahrens and Mr. Stucker have fulfilled their trustee
assignments during this latest two (2) year periOd in an extremely professional
manner.
Mr. Mike Ahrens and Mr. Rick G. Stucker have indicated they are willing to be
reappointed as the city commission appointees for a subsequent two (2) year
period. Both individuals are City residents. Mr. Ahrens possesses a management
background and Mr. Stucker is a local business owner with an insurance
background. The law permits any Board member to succeed himself/herself.
Revfewed by: Orfgfnatfng Dcpt: fiJ Costs: , -0- Comaiasfon Action:
LegaL IUA Fire Total 0 Approved
Budget MIA D Approved W/condltlons
Purchasfng NI" S MIA
Risk Mgmt. MIA Current Fiscal Yr. [J Denied
User Dept:
CIS ~ NIA 0 Continued to:
"CH FLnding Source:
Other City Clerk. D Copl tlll I~.
Advertfsed: MIA 0 Opcrotfng A ttoc:halcnts:
Date: 0 Other
Paper:
1m Not Requl red
Saf ttcd by: Affected PartIes Appropriation Code:
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Clearwater City Commission
Agenda Cover Memorandum
~q Item': ~
J Meeling Dale:
SUBJECT:
Request For Authority To Pay Charles Kimball, Claimant, Workers' Compensation Benefits In The
Amount Of $139,000.
RECOMMENDA liON/MOTION:
Approve payment of $139,000 for wage loss benefits from July 14, 1989 through March 24, 1996
rs and that the appropriate officials be authorized to execute same,
BACKGROUND:
. Claimant, a former City police officer, sustained a work~related back injury on October 17, 1986, which
ultimately resulted in the Claimant receiving a work~related disability pension on February 12, 1986.
. Under the state of affairs existing prior to the decision of the Florida Supreme Court in Barragan v. City of
Miami. 545 So. 2d 252 (1989), the City of Clearwater did not pay both workers' compensation and
pension benefits because the City relied on old Section 2.410 of the Clearwater City Code. Section 2.410
of the Clearwater City Code provided as follows: "'Except where an employee is receiving medical
payments, no employee shall receive any pension provided under this division while such employee is
receiving benefits from the workers' compensation act".
. The decision in Barragan has caused the City to change its position in regard to these claims. The
Barragan case holds that an employer may not offset workers' compensation payments against an
employee's pension benefits except to the extent that the total of the two exceeds the employee's average
monthly wage. Thereafter, in the fater case of City of Miami v. Burnett. 596 So. 2d 478 (1992), the District
Court of Appeal (First District of Florida) held that the Barragan case is retroactive to cases as far back as
July 1, 1973,
. Prior to the Barragan case, the City's third party administrators would stop paying workers' compensation
benefits as soon as notice was received from the City that a City employee retired on a job-connected
disability pension.
Reviewed by:
Legal
Budget
Purchasing
Risk Mgmt.
IS
ACM
Other
Originating Department:
FINANCE I RISK MANAGEMENT
~"\A
User Department:
Costs:
$139,000
Toul
$139,000
Current Fiscal Veilr
Commission Action:
o Approved
o Approved w/Conditlons
o Denied
o Continued to:
Submitted by:
Advertised:
Dolte:
Paper:
o Not Required
Affected Parties:
o Notified
D Not Required
Funding Source:
o CqltJllmpro\ltlTlrnlt
o Oper.atlns:
[J other: elF
Attachments:
Appropriation Code
cttyJ~
o None
o Printed on recycled paper
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· Presently, as new claims are being asserted for past due benefits, these claims are being reviewed in light
of the Barragan and Burnett decisions and other applicable court decisions. Where appropriate, both
workers' compensation benefits and pension benefits are now being paid to former City employees who
have previously retired on job-connected disabilities.
. On February 19, 1996, Claimant, through his attorney, William Yanger, filed a claim for wage loss benefits
encompassing the period Jury 14, 1989 through March 24, 1996. A review of Mr. Kimball's workers'
compensation claim file, which was taken in~house by the City from the City's prior claims servicing agent
in late 1995, revealed that Claimant had not been paid wage loss benefits subsequent to the Barragan
decision.
. Risk Management Staff has calculated the correct sum due the Claimant for back workers' compensation
benefits, penalties and interest as the sum of $139,000. The Risk Management Staff, the City's Claims
Committee, and the City's outside counsel, Fowler, White, Gillen, Boggs, Villareal and Banker
recommend that these benefits be paid at this time.
. If payment of these workers' compensation benefits are approved by the City Commission, the City will
then take a pension offset to the extent that the workers' compensation benefits plus past pension benefits
exceed 100 percent of the Claimant's average monthly wage. The pension offset is $52,872.80.
Claimant's future pension benefits in the amount of $1,479.80 will be used to recoup the offset. It will
take the City approximately 36 months to recoup the offset at which time, Claimant will once again'start
receiving, pension benefits~
. Funding for this payment is budgeted in operating code 590-07000-S45800-519~OOO (Insurance Expense)
which has an available balance as of May 31, 1996 of $ 1,079,333.
c::;. ) /) Clearwater City Commission
f IV d-....Agenda Cover Memorandum
30 Item 1/:
Meeting Date: ~'
SUBJECT:
Request For Authority To Settle The Workers' Compensation Claim of Michael Szuba, Claimant.
RECOMMEN DA TION/MOTION:
Approve a settlement with Claimant in the amount of $61,250.00 as full, final, and complete settlement
of all indemnity and medical benefits and attorney fees arising out of Claimant's pending workers'
compensation claim, and release the City from any and all future workers' compensation obligations to
Claimant as may be provided by Florida law,
IBI and that the appropriate officials be authorized to execute same,
BACKGROUND:
· On March 13, 1995, Claimant, a City firefighter, suffering from supraventricular tachycardia, became
disabled and unable to perform all of his regular job duties as a firefighter.
. Supraventricular tachycardia is a physical disability which requires payment of workers' compensation
benefits to a firefighter pursuant to the statutory presumption created by Section 112.18 (1), Florida
Statutes.
. Claimant subsequently applied for and was awarded an In-Line-of-Duty City Disability Pension. Claimant
is currently receiving a City disability pension along with workers' compensation benefits for a 30%
permanent impairment.
. Claimant will continue to receive workers' compensation permanent impairment benefits until all such
benefits provided by law are paid out. Claimant will then be eligible for workers' compensation
supplemental disability benefits, and potentially, permanent total workers' compensation benefits. The
sum total of all such benefits, though paid over a long period of time, far exceed the settlement sum.
. Claimant's attorney has demanded the sum of $61,250.00 for settlement of this entire workers'
compensation claim including all indemnity and medical benefits and attorne{s fees. This settlement is a
net sum and includes a waiver by the City of any future disability pension offsets that the City might be
entitled to pursuant to Florida law as set forth in the case of BarraRiw v. City of Miami.
Reviewed by:
Legal
Uudget
Purchasing
Risk Mgmt.
I
ACM
Other
Originating Department:
Finance I Risk Management
~
User Department:
Costs:
$61,250,00
Tolill
$61,250.00
Current FIscal Year
Commission Action:
o Approved
o Approved wlCondillons
o Denied
o Continued to:
Submitted by:
q,~---
City ~ager
o Printed on recycled paper
Advertised:
Date:
Paper:
o Not Required
Affected Parties:
o Notified
o Not Required
Funding Source:
o C~plt~llmprovtmrnl:
o Opcr~lIn&:
o Olfum elF
Attachments:
Appropriation Code
o None
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'. Claimant will receive $53,500.00 of the settlement sum and his attorney, Casey Carlson, will receive
$8,200.00 . '
· ' This settlement is recommended by the Risk Management Staff, the City's Claims Committee, and the
City's outside co,:!nsel, Fowler, White, Gillen, Boggs, Villareal and Banker, P.A.
. Funding for this payment is budgeted in operating code 590~07000-545800-519-000 (Insurance Expense)
which has an available balance as of May 30, 1996 of $1,079,333.
"
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Clearwater City Commission
Agenda Cover Memorandum
3)
Item #: .
Meeting Date:
~~\g.q?
SUBJECT:
Ratification of payment of funds from the Central Insurance Fund in payment of workers' compensation
benefits to Claimant, Judi Acker, a former City employee, and authorization to settle the claim of her
attorney for attorney fees for representing the Claimant.
RECOMMENDA liON/MOTION:
Ratify the payment of funds from the Central Insurance Fund in the amount of $153,985.00 made
November 15, 1995 to cover two checks written by Gallagher Bassett Services, Inc. on the City bank
account it maintains for payment of workers' compensation claims, for payment of workers'
compensation benefits to Claimant, Judi Acker, after an adverse decision of the First District Court of
Appeals was upheld by the Florida Supreme Court, and approve payment of the sum of $65,000 in
settlement of the claim by Claimant's attorney for an attorney fee for representing the Claimant.
I!I and that the appropriate officials be authorized to execute same.
BACKGROUND:
On March 2, 1986, Claimant, then a City police officer, suffered a compensable injury at work that was
treated as a medical only claim by the City's servicing agent. Since she received no permanent injury, she
was not paid any further workers' compensation benefit.
The Claimant was granted a disability pension by the City on September 4, 1986, and received only pension
benefits in accordance with the City's pension ordinance.
On November 14, 1991, Claimant, through her attorney, William Yanger, filed for workers' compensation
for the Claimant alleging sh'e had suffered a physical injury and was entitled to workers' compensation benefits
for the period subsequent to September 4, 1986 and continuing for life as a person with a permanent total
disability within the meeting of the Florida Workers 4 Compensation law.
The case was vigorously defended by the City and its servicing agent, Gallagher Bassett Services, Inc. , but an
adverse ruling was entered against the City by the Judge of Workers' Compensation claims. The First District
Court of Appeals upheld the decision of the compensation judge, and subsequently, the Florida Supreme Court
upheld the First District Court of Appeals by refusing to hear the case.
Reviewed by: Originating Department: Costs: Commission Action:
Legal Finance/Risk Management $213,935,00 o Approved
Budget L-rr1..! Total o Approved w/Conditions
Purchasing User Department: $65,000.00 o Denied
Risk Mgmt. Current Fiscal Year o Continued to:
IS Funding Source:
ACM o C~plt~llmprowemrnh
Other Advertised: 0 Opentlnll:
Date: 0 Other: elF Attachments:
~ Paper:
Submitted by: 0 Not Required Appropriation Code
Cltyl!~ - Affected Parties: 590-07000-545800.519-000
0 Notified o None
0 Not Required
o Printed on recycled paper
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Faced with an adverse award from which there was no further appeal, the payment of a sizable sum in benefits
plus interest accruing on that sum on a daily basis at 12 percent per annum together with a penalty of 20% of
the unpaid benefits, Gallagher Bassett issued two checks totaling $153,985.00 from the City bank account
, maintained for it to pay the City's workers' compensation claims, and then sought funds to cover the checks
and replenish the bank account. Funds for that purpose were authorized by City Risk Management staff.
Claimant's disability pension benefits have been suspended pending recoupment of the overpayment of
pension benefits resulting from the lump sum payment of $153, 985.
Claimant's attorney has agreed to accept the sum of $65,000 for settlement of his attorney's fees which arise
from his representation of the Claimant before the Judge of Compensation Claim, before the First District Court
of Appeals, and in the Florida Supreme Court. The City is not required to enter into a settlement of Mr.
Yanger's attorney fee claim and can leave the determination of a proper fee for representing Claimant to the
Judge of Compensation Claims, but it is strongly recommended that the City settle Mr. Yanger's claim for
attor'ney fees for the sum negotiated by the City's outside counsel.
This settlement is recommended by the Risk Management Staff, the City's Claims Committee, by Gallagher
Bassett Services, Inc. and the City's outside counsel, Fowler, White, Gillen Boggs, Villareal and Banker, P .A.
Funding for this payment is budgeted in operating code 590-07000-545800-519-000 (Insurance Expense)
which has an available balance as of May 31, 1996 of $1,079,333.
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~45~
Clearwater City CommJsslon 3 ~ Item #:
Agenda Cover Memorandum Meeting Dale: ~. /8. cr b
RECOMMENDA liON/MOTION:
Approve four (4) legal Service Agreements with the following outside legal firms who provide specialized
counsel to the Clearwater Gas System: Akerman, Senterfitt & Eidson, Orlando, Florida (environmental
counsel); Miller, Balis and O'Neil, Washington, D.C. (federal regulatory counsel); William J. Peebles, P.A.,
Tallahassee, Florida (Florida regulatory counsel); and Figurski & Harrill, a Florida General Partnership,
New Port Richey, Florida (Pasco counsel); provide increased funding in the amount of $10,000; and
provide for City Manager approval to extend subsequent annual year contracts for these firms;
00 and that the appropriate oflicials be authorized to execute same.
BACKGROUND:
. The City of Clearwater's Legal Department has developed a standardized legal Service Agreement in
order to employ specialized outside legal counsel. These four (4) agreements are standardized
agreements developed by the City's legal staff, which provide for the following: a contract period of
one (1) year; indemnification; insurance; scope of services; compensable expenses; and sets up a per
hour professional fee schedule.
. The first agreement is with the law firm of Akerman, Senterfitt & Eidson, P.A., of Orlando, Florida.
They have been retained to represent the City of Clearwater and the Clearwater Gas System in
environmental matters concerning the Manufactured Gas Plant (MGP) site located at 400 North Myrtle
Avenue in Clearwater. Their lead attorney on this issue, Mr. William L. Pence, has negotiated an
Intergovernmental Agreement between the City of Clearwater and the Florida Department of
Environmental Protection (FDEP) and is the City's legal representative before FDEP. The original
contract was approved by the City Commissioners on March 18, 1993. We currently have $6,349.69
available under purchase order #9002. We are requesting an increase in this purchase order by
$5,000 to provide adequate funding for the remainder of FY 95/96. As of July 1, 1996, the available
balance in Environmental Gas Projects code 315-96358 is $78,553.23. We have budgeted $15,000 in
- ",> FY:9Si96: for outside environmental counsel.
. 9ftl'17
. The second agreement is with the law firm of Miller, Balis & O'Neil, r.c., of Washington, D.C. They
represent the Clearwater Gas System on issues regarding Florida Gas Transmission, our natural gas
transporter, such as our proposed gate station in Pasco County which is subject Federal Energy
\
Reviewed by: Originating Department: \.J Cosb: Commission Action:
legal ...:::J e- Clearwater Gas System tfP Estimated $10,000,00 o Approved
Budget \.,-v TOlal o Approved with Conditions
Purchasing LNfA User Department: Estimated $ 10,000.00 o Denied
Risk Mgrnl. NfA Clearwater Gas System CUIfCIlI Flsc.!1 Year 0 Continued to:
IS NfA Funding Source:
ACM 1(;,( /L 00 Capital Improvement:
Other NfA Advertised: 1KI Opcrallng:
Date: 0 Other: Attachments:
1m) POlper: Akerman Agreement, Miller
Submitted by: -' llD Not Required Appropriatlon Code Agreement, Peebles Agreement,
CIIY~Y Affected Parties 423.{)2078-530100- Figurski Agreement
0 Notlned 532.000 o None
1KI Not Required 315.9&358-530100-
532.{)OO
o Printed on recycled paper
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Regulatory Commission (FERC) review and hearings. We currently have $2,547.65 available under
purchase order #6228 for anticipated needs for the remainder of FY 95/96. No additional funding is
needed at this time. We have budgeted $10,000 in FY 96/97 for outside Federal regulatory counsel.
· The third agreement is with the law firm of William J. Peebles, P.A., of Tallahassee, Florida. Mr.
Peebles serves as outside legal counsel for the Clearwater Gas System on natural gas related issues
before the Florida Public Service Commission and other State agencies. We currently have $15,392.69
available under purchase order #6902 which will cover anticipated needs for the remainder of this
year. No additional funding is needed at this time. We have budgeted $10,000 in FY 96/97 for outside
Florida regulatory counsel.
· The last agreement is with the law firm of Figurski & Harrill, a Florida General Partnership, New Port
Richey, Florida. Mr. Figurski was retained to represent Clearwater Gas System regarding franchises
and other matters in Pasco County.' We currently have $429.69 available under purchase order #9957.
We are requesting that this purchase order be increased by $5,000 in account 423-2072-530100-532-
000. There is $20,000 available in the FY 95/96 budget in this code to fund this expenditure. We
have budgeted $10,000 in FY 96/97 for outside Pasco counsel.
. Authorize the City Manager to approve subsequent year annual contracts to extend the services of
these four (4) outside law firms providing the amount of each is $25,000 or less annually.
"
,
LEGAL SERVICES AGREEMENT
'r .'
THIS AGREEMENT is made on the?!Ii!J day of ApIZlL ,1996, by and
between the CllY OF CLEARWATER, FLORIDA (the "City") and the law firm of
AK~RMAN, SENTERFITT & EDISON. P.A.. ORLANDO, FL ("Counselll).
WIT N E SSE T H:
WHEREAS, the City wishes to retain a firm to serve as Counsel to the Clearwater
Gas System. NOW, THEREFORE, in consideration of the premises and mutual
covenants herein contained, the parties hereto do hereby agree as follows:
SECTION 1. AUTHORIZATION TO PROCEED AS COUNSEl. Counsel is
hereby authorized to provide services as described in this Agreement and for the
professional fees described in this Agreement.
SECTION 2. SCOPE OF SERVICES. Counsel hereby agrees to provide its
professional services for the Clearwater Gas System.
SECTION 3. PROFESSIONAL FEES FOR SERVICES. The City and Counsel
agree to a rate of $190 per hour for attorney services for William L. Pence, $145 per hour
for attorney services for Robyn D. Neely, and $90 per hour for attorney services for
Geoffrey 8. diMauro.
SECTION 4. COMPENSABLE EXPENSES. Reimbursement of expenses shall
be made by the City to the finn for reasonable out-of~pocket expenses as detennined by
the City Attorney without markup, including but not limited to long distance calls and
facsimiles, copying or reproducing documents, postage, court costs I parking costs and
travel incurred by Counsel in performance of the duties hereunder. Travel and per diem
costs as well as auto travel expenses shall not exceed that which is available to City of
Clearwater employees.
SECTION 5. INDEMNIFICATION AND INSURANCE. Counsel agrees to protect,
defend, indemnify and hord the City and its officers, employees and agents free and
hannless from and against any and all losses, penalties, damages, settlements, costs,
charges, professional fees or ather expenses or liabilities of every kind and character
arising out of or due to any negligent act or omission of Counselor its employees in
connection with or arising directly or indirectly out of this Agreement andlor the
perfonnance hereof. Without limiting its liability under this Agreement, Counsel shall
procure and maintain during the life of this Agreement professional liability insurance in
an amount in excess of $1,000,000. This provision shall survive the tennination of this
Agreement.
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SECTION 6. CONFLICT OF INTEREST. It is understood by the City and Counsel
that Counsel is not aware of any clients of the finn that currently present any conflict
between the interests of the City and other clients of Counsel. If any potential conflict of
interest arises during the time Counsel is representing the City. Counsel will promptly
infoon the City. The City is under no obligation to agree to permit the conflict
representation.
SECTION 7. CONSTRUCTION AND AMENDMENTS. This Agreement shall be
governed by and construed in accordance with the laws of the State of Florida. This
Agreement may be amended only by a writing duly entered into by the City and Counsel.
SECTION 8. COMPLIANCE WITH RECYCLED PAPER ORDINANCE. Per
Ordinance 5059-90, the City and Counsel agree to the following:
A. All reports submitted to the City shall use recycled paper when it is avaifable at
a reasonabre price and of satisfactory quality to meet contractual perfonnance standards.
For the purposes of this paragraph, the price of recycled paper shall be considered
"reasonable" if its cost is no more than ten percent higher than the lowest price offered for
non-recycled paper.
B. An reports submitted to the City sharr use both sides of paper sheets whenever
practical.
C. Counsel shall be responsibre for maintaining records documenting usage of
recycled paper for reports submitted to the City in fulfillment of contractual obligations.
Counsel shall submit such records to the City according to procedures to be established
by the Purchasing Manager.
SECTION 9. TERM. This Agreement will be effective for one year from the date
of execution.
SECTION 10. CANCELLATION OF AGREEMENT. The City may cancel or
terminate this Agreement upon ten days advance written notice to Counsel. In the event
of cancel1ation, Counsel shall immediately cease work hereunder and shall be reimbursed
for eligible and documented reimbursabre expenses incurred prior to the date of
cancellation. Further, it is understood and agreed between the City and Counsel that
William L. Pence will be the lead attorney assigned by the firm to provide the services
contained herein. The City in its absolute discretion may immediateJy tenninate this
Agreement upon written notice to the finn if the services of this attorney are unavailable to
the City.
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, ' IN WITNESS WHEREOF I the City and Counsel have executed this Agreement as
of the date first written above.
.'
Countersigned:
Ri~a Garvey
Mayor-Commissioner
Approved as to fonn and
legal sufficiency:
"
Pamela K. Akin
City Attorney ,
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CITY OF CLEARWATER, FLORIDA
By:
Elizabeth M. Deptula
City Manager
Attest
Cynthia E. Goudeau
City Clerk
AKERMAN, SENTERFITT & EDISON, P.A.
By/Dda~ pr? ~
U<=~ Irt2JI(:!~
.
"
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LEGAL SERVICES AGREEMENT
THIS AGREEMENT is made on the _ day of , 1996, by and
between the CITY OF CLEARWATER. FL.ORIDA (the "City") and the law firm of MILLER,
BALIS & O'NEil, P.C., WASHINGTON, D.C. ("Counsel").
WIT N E SSE T H:
WHEREAS, the City wishes to retain a firm to selVe as Counsel to the Clearwater
Gas System. NOW, THEREFORE, in consideration of the premises and mutual
covenants herein contained. the parties hereto do hereby agree as follows:
SECTION 1. AUTHORIZATION TO PROCEED AS COUNSEL Counsel is
hereby authorized to provide services as described in this Agreement and for the
professional fees described in this Agreement.
SECTION 2. SCOPE OF SERVICES. Counsel hereby agrees to provide its
professional selVices for the Clearwater Gas System.
SECTION 3. PROFESSIONAL FEES FOR SERVICES. The City and Counsel
agree to a rate of $195 per hour for William T. Miller and $145 per hour for Royce Dickens
for attorney services. $70 per hour for raw crerk selVices, and $60 per hour for pararegar
services.
SECTION 4. COMPENSABLE EXPENSES. Reimbursement of expenses shall
be made by the City to the firm for reasonable out~f.pocket expenses as detennined by
the City Attorney without markup, including but not limited to long distance calls and
facsimiles, copying or reproducing documents. postage, court costs, parking costs and
travel incurred by Counsel in performance of the duties hereunder. Travel and per diem
costs as well as auto travel expenses shall not exceed that which is available to City of
Clearwater employees.
SECTION 5. INDEMNIFICATION AND INSURANCE. Counsel agrees to protect,
defend. indemnify and hold the City and its officers, employees and agents free and
harmless from and against any and all rosses, penalties, damages. settlements, costs,
charges, professional fees or other expenses or liabilities of every kind and character
arising out of or due to any negligent act or omission of Counsel, its employees, agents
and subcontractors in connection with or ariSing directly or indirectly out of this Agreement
and/or the performance .hereof. Without limiting its liability under this Agreement. Counsel
shall procure and maintain during the life of this Agreement professional liability insurance
In an amount In excess of $1,000,000. This provision shall sUlVive the tennlnation of this
Agreement.
1:\Incwcomo\mlller.ogr
"
SECTION 6. CONFLICT OF INTEREST. It is understood by the City and Counsel
that Counsel is not aware of any clients of the firm that currently present any conflict
between the interests of the City and other clients of Counsel. If any potential conflict of
interest arises during the time Counsel is representing the City, Counsel will promptly
inform the City. The City is under no obligation to agree to permit the conflict
representation.
SECTION 7. CONSTRUCTION AND AMENDMENTS. This Agreement shall be
governed by and construed in accordance with the laws of the State of Florida. This
Agreement may be amended only by a writing duly entered into by the City and Counsel.
SECTION 8. COMPLfANCE WITH RECYCLED PAPER ORDINANCE. Per
Ordinance 5059-90. the City and Counsel agree to the following:
A. All reports submitted to the City shall use recycled paper when it is available at
a reasonable price and of satisfactory quality to meet contractual performance standards.
For the purposes of this paragraph. the price of recycled paper shall be considered
"reasonablelt if its cost Is no more than ten percent higher than the lowest price offered for
non-recycled paper.
'B. All reports submitted to the City shall use both sides of paper sheets whenever
practical.
'C. Counsel shall be responsible for maintaining records documenting usage of
recycled paper for reports submitted to the City in fulfillment of contractual obligations.
Counsel shall submit such records to the City according to procedures to be established
by the Purchasing Manager.
date of execution.
SECTION 9. TERM. This Agreement will be effective for one year from the
SECTION 10. CANCELU\TION OF AGREEMENT. The City may cancel or
terminate this Agreement upon ten days advance written notice to Counsel. In the event
of canceUation, Counsel shan immediately cease work hereunder and shall be reimbursed
for eligible and documented reimbursable expenses incurred prior to the date of
cancellation. Further. it is understood and agreed between the City and Counsel that
William T. Miller will be the lead attorney assigned by the firm to provide the services
contained herein. The City in its absolute discretion may immediately tenninate this
Agreement upon written notice to the firm if the services of this attorney are unavailable to
the City.
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IN WITNESS WHEREOF, the City and Counsel have executed this Agreement as
of the date first written above.
Countersigned:
Rita Garvey
Mayor-Commissioner
Approved as to fann and
legal sufficiency:
Pamela K. Akin
City Attorney
. ,
s:\Inewcome\mlller.agr
CITY OF CLEARWATER, FLORIDA
By:
Elizabeth M. Deptula
City Manager '
Attest
Cynthia E. Goudeau
City Clerk
MILLER, BALIS & O'NEIL, P.C.
BY:W~vw r: ~
P.r't'$1 d'l1"l1-G
LEGAL SERVICES AGREEMENT
THIS AGREEMENT is made on the Ii> 1l- day of ~ I . -. t 1996, by and
between the CITY OF CLEARWATER, FLORIDA (the "City") ~ firm of WILLIAM
J. PEEBLES, P,A., TALLAHASSEE. FL. (UCounsel").
W, T N E SSE T H:
WHEREAS. the City wishes to retain a firm to serve as Counsel to the Clearwater
Gas System. NOW, THEREFORE. in consideration of the premises and mutual
covenants herein contained. the parties hereto do hereby agree as follows:
SECTION 1. AUTHORIZATION TO PROCEED AS COUNSEL. Counsel is
hereby authorized to provide services as described in this Agreement and for the
professional fees described in this Agreement.
SECTION 2. SCOPE OF SERVICES. Counsel hereby agrees to provide its
professional services for the Clearwater Gas System.
SECTION 3. PROFESSIONAL FEES FOR SERVICES. The City and Counsel
agree to a rate of $150 per hour for William J. Peebles, attorney services.
SECTION 4. COMPENSABLE EXPENSES. Reimbursement of expenses shall
be made by the City to the firm for reasonable out-of-pocket expenses as determined by
the City Attorney without markup. including but not limited to long distance calls and
facsimiles, copying or reproducing documents, postage. court costs, parking costs and
travel incurred by Counsel in performance of the duties hereunder. Travel and per diem
costs as well as auto travel expenses shall not exceed that which is available to City of
Clearwater employees.
SECTION 5. INDEMNIFICATION AND INSURANCE. Counsel agrees to protect.
defend, indemnify and hold the City and its officers. employees and agents free and
hannless from and against any and all losses, penaltiest damages, settlements, costs,
charges, professional fees or other expenses or liabilities of every kind and character
, arising out of or due to any negligent act or omission of Counsel, its employees, agents
and subcontractors in connection with or arising directly or indirectly out of this Agreement
and/or the perfonnance hereof. This provision shall survive the termination of this
Agreement.
SECTION 6. CONFLICT OF INTEREST. It is understood by the City and Counsel
that Counsel is not aware of any clients of the firm that CUilently present any conflict
between the interests of the City and other clients of Counsel. If any potential conflict of
5:\Inewcome\peebles,agr .
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interest arises during the time Counsel is representing the City, Counsel wilf promptly
Inform the City. The City is under no obligation to agree to permit the conflict
representation.
SECTION 7. CONSTRUCTION AND AMENDMENTS. This Agreement shall be
governed by and construed in accordance with the laws of the State of Florida. This
Agreement may be amended only by a writing duly entered into by the City and Counsel.
SECTION 8. COMPLIANCE WITH RECYCLED PAPER ORDINANCE. Per
Ordinance 5059-90, the City and Counsel agree to the following:
A. All reports submitted to the City shall use recycled paper when it is available at
a reasonable price and of satisfactory quality to meet contractual perfonnance standards.
For the purposes of this paragraph. the price of recycled paper shall be considered
tlreasonable" if its cost is no more than ten percent higher than the lowest price offered for
non-recycled paper.
B. All reports submitted to the City shall use both sides of paper sheets whenever
practical.
C. Counsel shall be responsible for maintaining records documenting usage of
recycled paper for reports submitted to the City in fulfillment of contractual obligations.
Counsel shall submit such records to the City according to procedures to be established
by the Purchasing Manager.
SECTION 9. TERM. This Agreement will be effective for one year from the date
of execution.
SECTION 1 O. CANCELLATION OF AGREEMENT. The City may cancel or
terminate this Agreement upon ten days advance written notice to Counsel. In the event
of cancellation, Counsel shall immediately cease work hereunder and shall be reimbursed
for eligible and documented reimbursable expenses incurred prior to the date of
cancellation. Further, it is understood and agreed between the City and Counsel that
William J. Peebles will be the lead attorney assigned by the firm to provide the services
contained herein. The City in its absolute discretion may immediately terminate this
Agreement upon written notice to the firm if the services of this attorney are unavailable to
the City.
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IN WITNESS WHEREOF, the City and Counsel have execut~d this Agreement as
of the date first written above.
Countersigned:
CITY OF CLEARWATER, FLORIDA
By:
Rita Garvey
Mayor-Commissioner
Elizabeth M. Deptula
City Manager
I ' ,
Approved as to form and
regal sufficiency:
Attest:
Pamela K. Akin
City Attorney
Cynthia E. Goudeau
City Clerk
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WILLIAM J. PEEBLES, P.A.
By.
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LEGAL SERVICES AGREEMENT
THIS AGREEMENT is made on the _ day of , 1996, by and
between the CITY OF CLEARWATER, FLORIDA (the uCitY') and the law linn of '
FIGURSKI & HARRILL, A Florida General Partnership ("Collnsel".
WIT N E SSE T H:
WHEREAS, the City wishes to retain a firm to serve as Counsel to the Clearwater
Gas System. NOW, THEREFORE, in consideration of the premises and mutual
covenants herein contained, the parties hereto do hereby agree as follows:
SECTION 1. AUTHORIZATION TO PROCEED AS COUNSEL Counsel is
hereby authorized to provide services as described in this Agreement and for the
professional fees described in this Agreement.
SECTION 2. SCOPE OF SERVICES. Counsel hereby agrees to provide its
professional services for the Clearwater Gas System.
SECTION 3. PROFESSrONAL FEES FOR SERVICES. The City and Counsel
agree to a rate of $175 per hour for Gerald A. Figurski, attorney services.
SECTION 4. COMPENSABLE EXPENSES. Reimbursement of expenses shall
be made by the City to the firm for reasonable out..of-pocket expenses as determined by
the City Attorney without markup, including but not limited to long distance calls and
facsimiles, copying or reproducing documents, postage, court costs, parking costs and
travel incurred by Counsel in performance of the duties hereunder. Travel and per diem
costs as well as auto travel expenses shall not exceed that which is available to City of
Clearwater employees.
SECTION 5. INDEMNIFICATION AND INSURANCE. Counsel agrees to protect,
defend, indemnify and hold the City and its officers. employees and agents fr<.'8 and
harmless from and against any and all losses, penalties, damages. settlements. costs,
charges, professional fees or other expenses or liabilities of every kind and character
arising out of or due to any negligent act or omission of Counsel, its employees; agents
and subcontractors in connection with or arising directly or indirectly out of this Agreement
and/or the performance hereof. Without limiting its liability under this Agreement, Counsel
shall procure and maintain during the life of this Agreement professional liability insurance
in an amount of $1.000,000. This provision shall survive the. tennination of this
Agreement.
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SECTION 6. CONFLICT OF INTEREST. It is understood by the City and Counsel
that Counsel is not aware of any clients of the firm that currently present any conflict
between the interests of the City as to the Clearwater Gas System and other clients of
Counsel. If any potential conflict of interest arises during the time Counsel Is representing
the City as to the Clearwater Gas System, Counsel will promptly Infonn the City. The City
is under no obligation to agree to permit such conflict representation.
SECTION 7. CONSTRUCTION AND AMENDMENTS. This Agreement shall be
governed by and construed in accordance with the laws of the State of Florida. This
Agreement may be amended 'onry by a writing dury entered into by the City and Counsel.
SECTION 8. COMPLIANCE WITH RECYCLED PAPER ORDINANCE. Per
Ordinance 5059.90, the City and Counsel agree to the following:
A. All reports submitted to the City shall use recycled paper when it is available at
a reasonable price and of satisfactory quality to meet contractual performance standards.
For the purposes of this paragraph, the price of recycled paper shall be considered
"reasonable" if its cost is no more than ten percent higher than the lowest price offered (or
non.recycled paper.
B. At! reports submitted to the City shari use both sides of paper sheets whenever
practical.
C. Counsel shan be responsibfe for maintaining records documenting usage of
recycled paper for reports submitted to the City in fulfillment of contractual obligations.
Counsel shall submit such records to the City according to procedures to be estabfished
by the Purchasing Manager.
SECTION 9. TERM. This Agreement will be effective for one year from the date
of execution.
SECTION 10. CANCELLATION OF AGREEMENT. The City or Counsel may
cancel or terminate this Agreement upon ten days advance written notice to the other
party. In the event of ca'ncellation, Counsel shall immediately cease work hereunder and
shan be reimbursed for eligible and documented reimbursable expenses incurred prior to
the date of cancellation. Further, it is understood and agreed between the City and
Counsel that Gerald A. Figurski will be the lead attorney assigned by the firm to'provide
the services contaIned herein. The City in its absoJute discretion may immediately
tennlnata this Agreement upon written notice to the finn if the selVices of this attorney are
unavailable to the City.
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IN WITNESS 'A'HEREOF, the City and Counsel have executed this Agreement as
of the date first written above.
Countersigned:
CITY OF CLEARWATER, FLORIDA
By:
Rita GaNey
Mayor-CommissIoner
Elizabeth M. Deptula
City Manager
Approved as to form and
legal sufficiency:
Attest:
Pamela K. Akin
City Attorney
, Cynthia E. Goudeau
City Clerk
FIGURSKI & HARRILL, A Florida
General Partnership
By:
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Clearwater City Commission
Agenda Cover Memorandum
3> ":2.
o llem #:
~. 1?Cfr::
Meeting Date:
SUBJECT: PURCHASE OF PROPANE TANKS
RECOMMENDA liON/MOTION:
, Award a contract to purchase underground propane tanks from American Welding and Tank, of Camp
Hill, PA, for a estimated cost of $43,416,
lEI and that the appropriate officials be authorized to execute same.
SUMMARY:
· In order to meet the customer demand for buried propane tanks, it is necessary to purchase 108
underground 250 gallon propane tanks to cover projected customer requirements for one year.
e These tanks wilt be used in both residential and commercial applications.
· The propane tanks are required for the installation of LP gas for services to meet new customer
requests. The propane tanks will be used mostly in the northern expansion area including Pasco
County.
· The Assistant Director of CGS/Gas Supply & Operations recommends awarding the contract to
American Welding and Tank as they tied for low bid and are willing to hold their bid for one year.
Trinity bid the same price, but would only hold the price for 30 days.
· Purchases wi II be charged to inventory code 423-00000-141120-000-000 and charged out to the
appropriate Capital Projects as the items are used. The appropriate Capital Improvement Projects are
351-96370-563800-532-000, Pinellas Phase II New Gas Mains & Services and 351-96320-563800-
532-000, Pasco New Gas Mains & Services. These projects have a balance of $1,958,370.30
available for this purchase as of July 1, 1996.
.. ,
Originating Department!
Clearwater Gas System · rtJ
V
U.er Department!
Clearwater Gas System
Costs: '
Reviewed by;
legal
Budget
Purchasing
Risk Mgmt.
IS
ACM
Other
Total
Commission Action:
o Approved
o Approved with Conditions
o DenIed
o Continued to:
Estimated
$43,416,00
Estimated
$43.-116.00
CUlTlmt fiscal Yeal
Submitted by:
Clty~~
---....-. --~~-
o PrInted on recycled paper
Advertised: Tampa Tribune
,~Date: 5/6196; Plnellas
t' \1 Paper: Counly RevIew 4/26196
o Not Required
Affected Pmla
o NoclRed
DlJ Not Required
funding Source:
IXI C;tpilallmprovemenl:
o Opel;tUng:
o Other:
Appropriation Code
423-{)000Q.
141120.000-000
Attachments:
Bid Summary & Tab
1# 116-96
o None
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Cleanvater City Commission
Agenda Cover Memorandum
31
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Heating Date:
'It I~ ,q~
SUBJECT:
Interlocal Agreement with Hillsborough County Sheriff's Office
RECOMMENDATION/MOTION:
Approve an interlocal agreement between the city of clearwater and Hillsborouqh
County Sheriff's Office to provide radio transmission backup support in the event
either party loses its radio transmission capabilities due to a natural disaster,
~ and that the appropriate officials be outhorlzed to execute some.
BACKGROUND:
. Both the city of Clearwater (City) and the Hillsborough County Sheriff's
Office (HCSO) use Ericsson/GE 800 MHz radio transmission systems;
. In the event of a natural disaster (e.g., hurricanes, tornadoes, etc.),
the City and HCSO agree as follows:
. The city will assist HCSO and serve as a backup radio t:t'ansmission
system if the HCSO loses its radio transmission capabilities by
providing such assistance as will be mutually agreed upon by the
parties.
. The HCSO will assist the city and serve as a backup radio transmission
system if the City loses its radio transmission capabilities by
providing two dediCated talk groups and such other assistance as may be
mutually agreed upon by the parties.
. This Agreement shall be binding on both parties but may be terminated with
at least 30 days notification to either party.
ReYi ewed by:
Legal
Budget
Purchasing
Risk Hgmt.
CIS
ACH
Other
'5'..e..-
N/A
IVA
ilIA
~~ fA..-
Costs: S -0-
Total
commission Action:
lJ Approved
[] Approved W/conditfons
[] Den! ed
[] Cont'inued to:
User Dcpt:
s ---
Current Fiscal Yr.
various
Fln:ling Source:
[] Cllpi tal Ifll1.
o Operating
o Other
Attachments:
Agreement
./
Advertised:
Date:
Paper:
~ Not Requi red
Affected Parties
GI Notffled
[] Not Requi red
Appropriation Code:
NIA
o None
.,~
SlbIfttcd by:
Cfty Ha eOr ~
~ Printed on recycled paper
"
AGREEMENT .
THIS AGREEMENT made and entered into this day of ,
1996, by and between the City of Clearwater, a municipal corporation within the State of
Florida, hereinafter referred to as "City" and the Hillsborough County Sheriff's Office,
hereinafter referred to as "HCSO".
WHEREAS. the City uses an Ericsson/GE 800 MHz radio transmission system;
and
WHEREAS, the HCSO uses an Ericsson/GE 800 MHz radio transmission
system; and
WHEREAS, City and HCSO mutually agree to enter into this Agreement for
backup support in the event that one party loses its radio transmission capabilities;
NOW. THEREFORE, the parties do hereby covenant and agree as follows:
1. The City agrees to assist HCSO and serve as a backup radio
transmission system for County in the event the HCSO loses its radio transmission
capabilities due to a natural disaster (e.g.. hurricanes, tornadoes. etc.) by providing such
assistance as will be mutuall~l agreed upon by the parties.
2. The HCSO agrees to assist City and serve as a backup radio
transmission system for City in the event the City loses its radio transmission
capabilities due to a natural disaster (e.g., hurricanes, tornadoes, etc.) by providing two
(2) dedicated talk groups and such other assistance as may be mutually agreed to by
the parties.
3. This Agreement shall be binding on both City and HeSO, but either party
may terminate this Agreement at any time by notifying the other party at least 30 days
prior to said intent of termination.
IN WITNESS WHEREOF, the City of Clearwater acting by and through its City
. Commission, has caused this Agreement to be executed in its name and on its behalf by
its City Mayor and attested by its City Clerk, and its corporate seal to be here and unto
attached and the Hillsborough County Sheriffs Office has caused this Agreement to be
executed in its name and on its behalf the day and year first above written.
"
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(SIGNATURE PAGE FOR AGREEMENT BETVVEEN
CITY OF CLEARWATER AND HlllSBOROUGH COUNTY SHERIFF'$ OFFICE
Countersigned:
CITY OF CLEARWATER, FLORIDA
Rita Garvey. Mayor.commlssloner
By:
Elizabeth M. Deptula, City Manager
Approved as to 'onn and
regal sufficiency:
Attest
John Carassas. Assistant City Attorney
Cynthia E. Goudeau, City Clerk
STATE OF FLORIDA
, COUNTY OF PINElLAS
HJLLSBOROUGH COUNTY SHERIFF'S OFFICE
~?C-L/ / d.e
r - Cal Henderson. Sheriff
)
)
BEFORE ME personally appeared Rita Garvey, the Mayor.commissfoner of the above-
named city, who acknowledged that she executed the foregoing Instrument. She is
personally known to me and did not take an oath.
WITNESS my hand and official seal this
1996.
day of
PrinVType Name:
Notary Public
STATE OF FLORIDA )
COUNTY OF PINEUAS )
BEFORE ME personally appeared EJizabeth M. Deptula, the City Manager of the above-
named city. who acknowledged that she executed the foregOing Instrument. She is
, personafly known to me and did not take an oath.
WITNESS my hand and official seal this
1996.
day of
PrinVType Name:
Notary Public
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(CONTINUATION OF SIGNATURE PAGE FOR AGREEMENT BETWEEN
CITY OF CLEARWATER AND HILLS BOROUGH COUNTY SHERIFF'S Or-FICE)
STATE OF FLORIDA )
COUNTY OF HILLSBOROUGH)
Robert L. Hart for
BEFORE ME personally appeared,cal Henderson. Sheriff of the above-named sheriffs
office, who acknowledged that he executed the foregoing Instrument. He is personally
known to me and did not take an oath.
WITNESS my hand and official seal this
1996.
~Nde; 1!;~~NWN
,Notary Public :1I:1U. '
ROSE E STANTON
NOTARY PUBLIC STATE OF FLORIOI.
COMMISSION NO. CC357329
MY COMMISSION EXP. APR. 16.1998
7~
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Clearwater City Commission
Agenda Cover Memorandum
35
1 tem .
Heetlng Date:
'7. )8.'1'
SUBJECT:
Purchase of Exhaust Extraction system
RECOMMENDATION/MOTION:
Award a contract to Tack and Warren Service, Clearwater, FL, to design and install
a motor vehicle fumes exhaust extraction system in the Fleet'Maintenance garage
at a cost of $59,819 which is the only bid submitted in accordance with city
specifications,
~ and that the approprIate officIals be authorized to execute same.
BACKGROUND:
~ Due to employee complaints, an air quality evaluation was performed on
January 31, 1996, by the Florida Department of Labor and Employment
Security. '
~ The evaluation identified three air quality problems requiring
correction. Two of the problems have been corrected. The remaining
problem involves the extraction of the vehicle exhaust fumes.
~ Failure to provide an adequate fumes extraction system could result in
Fleet employees being exposed to hazardous fumes and/or the assessment
o~ fines from the Florida Department of Labor and Employment Security.
~ The extraction system removes excessive vehicle exhaust fumes from the
Fleet Maintenance facility.
~ Funding will be provided by a new Capital Improvement Project--Fleet
Air Quality Improvement, 315-94226-563600-590-000. A third quarter
budget adjustment will transfer $59,819 from the unappropriated
retained earnings of the Garage Fund, 566-06611.
Revl ewed by:
Legal
Budget
Purcl\asing:
Risk Hgmt.
CIS
ACH
Other
N/A
i(f
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COSta: S 59.819.00
Total
~ ..
Current Fiscal Yr.
CllIDission Action:
o Approved
o Approved w/condlt(ons
o Oenled
o Continued to:
~
Adlrertiscd:
Date: 5/31 & 617/96
Paper: Tampa Trlbun~ & PC Rev.
[] Not RIXlUI red
Affected Parties
~ Notified
[J Not Required .
fUlding Source:
~ Capital IfIl).
[J Operating
[] Other
Attachllcnta:
BId Tabulation/Bid Summary
St.taIi tted by:
/aL+- ~
CIty ger ;i'
Approprilltion Code:
315'94226-563600'590-000
o None
o prfnted on recycled paper
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CITY OF CLEARWATER
'BID 125-96 OPENED JUNE 14,1996
EXHAUST EVACUATION SYSTEM
BID TABULATION
ITEM DESCRIPTION
1 EXHAUST EVACUATION SYSTEM
TERMS:
START DATE:
ESTIMATED COMPLETION:
SUMMARY OF BID 125-96
BIDS SOLICITED:
BIDS RECEIVED:
NO RESPONSE:
NO-BID'RESPONSE:
I.:
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. 00 NOT OFFER SERVICE:
00 NOT WISH TO COMPETE:
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TACK AND WARREN sves.
CLEARWATER. FLORIDA
TOTAl.
PRICE
$ 591819.00
NET 10TH
30 DAYS
60 DAYS
13
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Clearwater CIty Commission
Agenda Cover Memorandum
3 ~ IIem#:
Mceting Dill(!:
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SUBJECT:
Modification to CIP project 4743 television studio equipment
RECOMMENDA lION/MOlION:
To ratify & confirm the emergency purchase of audio & related equipment from Encore Broadcast Equipment Sales
at a cost of $3511.00 to be used in the MSB television studio.
rEI and that the appropriate officials be authorized to cxecutc same.
BACKGROUND:
· In designing the TV studio an audio system was included in the scope of design but not the equipment list.
. The total cost for this equipment is $3511.00 from the vendor who received the contract.
· The equipment was purchased because it was necessary to complete the installation of the studio.
· The engineer hired to complete the project had a 10 day deadline.
· The equipment was purchased and installed in the studio control room.
· Funding for this project has been identified (rom Community Outreach's capital equipment budget.
· The addition of this equipment brings the total for this project from $147/655 to $151/166.
· A mid year budget amendment provides (or the transfer of operating savings of $3,511.00 from Community Outreach
to project 315-94743~56400~519-000, TV Studio /Municipal Services Project.
Reviewed by: Originating Department: Costs:
leaal nI. Information Man;lgement 3511.00
Budget A ....,A.J d};)c/-.:i \~ Total
Purchasing Y1AM. User Oep rtment: 3511.00
Risk Mllmt. 1\ 10- Information MallagemC{~ Current Fiscal Year
IS !)~c.. Community Outreach . . Funding Source: 1995/96
ACM V o C~pltatlmprovemrnlr
Other nla AdvC!rtlled: 0 OperallnKI
Date: 0 Other!
(.~ Paper!
I . Submitted by: ' , o Not ReftulrC!d Appropriation Code
Affected Parties: 315-94743-56400-519-000
":Ity Manar?~ -- 0 Notified
0 Not Required
-
o printed on ~ecyded pIper
Commission Action:
o Approved
o Approved w/Conditions
o DenIed
o Continued to:
Attachments:
- Original Equipment Bid List
. Additional AudIo Equipment
List
o None
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. ORIGINAL EQUIPMENT BID LIST
Equipment as (ollows:
Qty Description
Unit Price
Total Price
3 Panasonic 1/2 Inch 3 ceo Camera Head
Model # WV~FS6SH
3 Panasonic Camera Adapter
Model # WV-ADSOO
3 Panasonic ENGIEFP Kit
Model # WV -SSSOA
Includes:
1.5" Electronic Viewfinder Model # WV-VF42
Tripod Mounting Adapter Model # WV -QT700
Caring Case Model # WV -CCSOOA
Microphone Holder Model # WV.MHSOO
I 3 Panasonic Remote Control Unit
Model # WV-RCSSO
3 Panasonic S" Electronic Viewfinder
Model # WV-VF6SB
3 Panasonic S.. Viewfinder Bracket
Model # WV-Q71
3 Cannon 17x Servo Control Zoom Lens
Model # YH 17X7BKRS
3 Cannon Lens Control Kit
Model # SPB-2076V
3 Panasonic 30m (100ft.) 26 Pin Camera Cable
Model # WV-CA26U30
, 3 Panasonic 10m (33ft) 26 Pin Camera Cable
Model # WV-CA26UI0
3 Panasonic 26/26 Joint Connector
Model # WV-CA26T26
2 Vinten Tripod System
Model # SD-22EL T
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2. Vinten Dolly'
Model # 3315-3
I Grass Valley Group Character Generator
Model # Presto lOa PLUS
2 Grass Valley Group 10Xl AudioNideo router
Model # TEN-XL
I Videotek Video 12xl Router
Model # VIS-1201
J Gentner Hybrid Telephone Interface
Model # DIGITAL HYBRID la
1 Sony Betacam Recorder
Model # PVW-2800
J Sony Rack mount Kit for PVW-2800
Model # RMM-l1 0
J Broadband Network Inc. Fiber Transmitter
Model # TRIIOI-H-T-VDA2-SC
J Broadband Network Inc. Fiber Receiver
Model # TRIIOI-H-R-VDA2-SC
1 Leightronix Remote Control
Model # C-VOICE
1 Leightronix Switcher Interface
Model 1# TC2XL
J Clecir-Comm
Model # MS.808 with IFO
1 Clear-Comm IFB interface
Model 1# PIC-4000B
3 Clear-Carom Talent Receiver
Model # TR-SO
I Clear-Comm Camera Interface
Model 1# IF4-4
-18-
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3 ClearRComm Monitor Speaker
Model #I AMS-l 021
t AKG Studio Condenser Microphone
Model #I C3000
4 Sennheiser Modular Mic System
Model # K6 with MK.E2-60
1 . Luxo Studio Desk Mounting Arm
Model # LM-2 Black
1 Luxo Mounting Bracket
Model # Table Mount Black
3 Beyerdynamic Dual Muff Intercom Headset
Model #I DTt 09 set up for WV -F565 Camera.
2 Vinten Tripod HeadlLegs
Model #I SD.22EL T
2 Vinten Dollys
Model #I 331S-3C
2 Sony 13" Color Monitor
Model #I PVM-1354Q
2 Sony 811 Color Monitor
Model #I PVM-8044Q
t Winsted Full Frame Storage System
Model #I 70027
1 Winsted Add-on Frwne
Model #I 70028
2 Winsted Small Betacam Cabinet
Model # T71 06
2 Winsted VHS Cabinet
Model #I T7102
4 Winsted Large U-MaticlBeta Cabinet
Model #I 1'7402
. 'i i..!.;',: ~;: .....,,~.~~~'.\, .=':..>:~~ =- !~~:'~'.!~ :~_,L ..../o~i-.......,l~ .
-- -- -------~~---- ~
-19-
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Stage Lighting: Manufacture LEElCOLORTRAN
2 108-384 2 light FAR CYCS.
4 120-058 Color Fame.
8 176-182 1000 watt FFT 'amp.
4 100-514 611 TELEVISION FRESNEL. _
4 118-013 6" Eight Leaf Bamdoor.
4 ,120-005 Color Frame.
8 176-097 1000 Watt Lamp.
2, 213-314ZQOM-MINI(25IS0degrees).
2 138-006 Accessory Holder.
, .
2 120-012 Color Frame.
4 176-194 FMRLamps.
2
Set of 6 patterns (to be determined by CITY).
-,
4 104-104 MINI-LITE-IO.
4 120-064 Diffusion/Color Frame.
8
500 Watt Lamp. for MINI.LlTE-10.
2 108-004 SET LIGHT.
2 120-023 Diffusion/Color Frame Holder.
2 120-024 Diffusion/color Frame.
4 SOO Watt Lamp, for SET LIGHT.
2 104-174 MIN1 SOFT-LITE.
2 120-021 Diffusion/Color Frome.
2 152.053 Compact Stand Castered.
-20-
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------~-~------------;'---- ~ -
~
. .',.,.; -, .-,>. .. ..... '~I ).,:,,~ . .
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4 112-034 CINE QUEEN.
4 118-006 Four Leaf Bamdoor.
4 120-018 Diffusion Frame.
4 130-001 Dichroic Filter.
8 650 Watt Lamp, for CINE QUEEN.
20 138-059 Safety Cables.
Curtains:
Include necessary tracks and rollers with
all fastening and hanging hardware
for complete installation.
230ft. 25oz. Black Cotton Velour lOft. High
2 30ft. Lena Scrim lOft. High
(color to be determined by CITY)
SUB-TOTAL:
INSTALLATION: includes all relocation, installation, set-up,
timing and adjustment of all equipment
described herein.
GRAND
TOTAL:
VENDOR: .
AUTHORIZED
REPRESENTATIVE:
. -21-
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. Audio equipment & related items needed for completion of the studio:
#
Item description
per unit cost
total cost
1 Link PFM600 Audio FRM wI power snsn:373 704.00 704.00
7 Link PAA652 Ix6 mono distribution amp 115.00 805.00
so 618, 619, 620, 621,622,623,624
7 Link P AA602 rear cell (P AA652) 56.00 392.00
I Link PT616 Audio Tone gemator SIN 106 259.00 259.00
1 Link PTG616 rear cell (PTG616) 59.00 59.00
I FEC RKPM 1341 rack mount 135.00 135.00
1 Grass Valley TNXSIO interface 369.00 369.00
1 Rack Ears Winsted 822 98.00 98.00
1 Stantron VCAS241722-LS frame 253.00 253.00
1 Stantron SF40025 frame 437.00 437.00
TOTAL COST
$3511.00
~~~~'!:\~;~ik,i,'~-GI.J,.,'.h.li{.,~..~~~o-*r-. ~^'
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erDi
Clearwater City COJl1mission] '7 ~":I~ D.t..
Agenda Cover Memorandum f(. I ~ . cr r;,
SUBJECT:
LATENT FINGERPRINT AND CRIME SCENE SERVICES CONTRACT WITH PINELLAS COUNTY
SHERIFF'S OFFICE
RECOMMENDATION/MOTION:
Award a contract to the Pinellas County Sheriff to provide latent fingerprint
examination, and related services, as well as crime scene services including
evidence and property storage to the Clearwater Police Department for a period
of one (1) year from January 1, 1997 and concluding December 31, 1997, for a
total cost of $343,855.50, in accordance with Code Sec. 2.564 (1) (b) Sole
Source, which is the minimum sum due for all services to be rendered during the
term of this Agreement,
9 and that the approprIate offIcials be authorIzed to execute same.
BACKGROUND:
. The Pinellas County Sheriff's Office and the Clearwater Police Department
have had this contractual arrangement since January 1, 1994. This new
contract covers latent print examination, evidence storage and crime scene
processing. The current contract, which has been renewed twice (the
maximum), will expire on December 31, 1996.
. The total cost of the contract is $343,855.50, which is a 4.25% increase
over last year's contract. Of this total cost, $63,713.23 is for latent
fingerprint services and the balance, $280,142.27, is for evidence storage
and a base workload of 2,000 crime scene processing calls for the contract
periOd, based on a rate of $125.90 per call. This estimate was
established based on our department's historical data of crime scenes
processed by the pinellas County Sheriff's Office over the last three
years.
. The 2,000 crime scene call base was used by the Sheriff to establish his
manpower and equipment needs. Billing for requests for service in excess
of 2,000 calls during the period of this agreement will be invoiced at the
Reviewed by:
Legal
Budgct
Purchasing
Risk Hgmt.
CIS
ACH
Other
~
))hAO_
H/A
OrIgInatIng Dept:
P LICE
Costs: S 30.855.50
Total
User Dept:
s 0.00
Current Fiscal Yr.
C(8llaslon ~tlon:
IJ Approved
C Approved w/condftfons
IJ Denied
IJ Continued to~
Fmdlno Source:
IJ Capital Irrp.
~ Operatfng
IJ Other
Attochlllenta:
Agreectlent
..:
AdvertIsed:
Date:
.,\ Paper:
I IQ Hot Required
Affected Parties
IJ Notified
ra Not Requfred
Appropriation Code:
010-01121-530300-521-000
C None
Slat tted by:
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rate of $125.90 per call.
. This agreement contains an option to renew for a period of two (2)
additional years beyond the original contract. The Sheriff may increase
the cost of service no more than 4.25% for each of the two (2) years in
the option period.
. The Police Department has been most pleased with all the services provided
by the Sheriff's Office during the previous contra~t period.
. The Police Department estimates that during the 1995/96 contract year,
2000 calls will be handled by the Pinellas County Sheriff's Office.
. It ,is necessary to agree to this contract now so that the services and
costs can be included in the respective budgets of the city and Sheriff's
Office for fiscal year 1996/97.
. Funding for this Agreement, payable after January 1, 1997, is requested in
the Police Department's operating budget code: 010-01121-530300-521-000,
Contractual Services, which is funded in excess of the contract amount.
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AGREEMENT
COMES NOW, the CITY OF CLEARWATER, FLORIDA., a municipal
corporation (hereinafter "CITY") and EVERETT S. RICE, as Sheriff
of Pinellas County, Florida (hereinafter "SHERIFF") this
day of , 1996 and agree as follows:
WHEREAS, the CITY desires to contract with the SHERIFF for
assistance in examining latent fingerprints derived from crime
scenes within the CITY and from suspects and victims of crimes
occurring within the municipal limits of the CITY, and;
WHEREAS, the CITY desires to contract with the SHERIFF for
crime scene services and evidence and property storage for the
CITY OF CLEARWATER Police Department, and;
WHEREAS, the SHERIFF has available personnel to perform
such services for the CITY; and
WHEREAS both the CITY and the SHERIFF believe the provision
of such services as hereinafter provided is in the best interest
of the safety and welfare of the citizens of the CITY and of
pinellas County and that such will facilitate the investigation
of criminal activity and the apprehension of persons engaging in
such activity;
NOW, THEREFORE, in consideration of the mutual covenants
and promises Bet forth below, the parties hereto agree as fol-
lows:
\
I. The SHERIFF shall provide to the CITY one full-time
latent print examiner (hereinafter n Examiner") . Additionally I
the SHERIFF shall provide to the CITY a second part-time latent
print examiner who shall devote at least twenty-five percent
(25%) of his/her time to the examination of latent fingerprints
for the CITY. Such person(s) shall be appropriately trained and
qualified to examine latent finge1~rints and to identify same.
A. Said Examiners shall be members of the Pinellas County
Sheriff's Office and shall be subject to the direction and all
rules and regulations of the SHERIFF.
B. Said Examiners shall be on duty to perform fingerprint
examination eight (8) hours per day, five (5) days per week and
shall as a part of their duties:
1. Examine fingerprints provided by the CITY to elimi-
nate fingerprints of persons who have a legitimate
reason to have their fingerprints in a premises or
on an object.
, '
-2-
"., .
2. Evaluate the quality of latent fingerprints provid-
ed by the CITY.
3. Compare the latent fingerprints of suspects provid-
ed by the CITY.
4. Appropriately document those latent fingerprints
provided by the CITY which cannot be posi ti vely
identified.
5. Prepare and provide to the crTY reports on all
,latent fingerprint identifications performed.
6. Attend depositions, hearings and trials and render
expert testimony in the area of fingerprint identi-
fication.
C. In those instances where the CITY submits a complex or
lengthy latent identification request, the SHERIFF shall provide
additional available personnel to assist the Examiners.
O. The Examiners shall be available to assist SHERIFF'S
personnel in the examination of latent fingerprints in times of
extreme need for such assistance.
E. The CITY shall provide one individual, to be designated
by the CITY, who shall act as a liaison with the Examiners pro-
vided for herein. Said liaison shall:
1. Be a member of the CITY Police Department.
2. Be responsible for the timely and appropriate deliv-
ery of latent fingerprints and certain items of
evidence to the SHERIFF.
3. Be responsible for the proper execution and deliv-
ery to the SHERIFF of correctly executed latent
fingerprint request forms.
4 . Be responsible for the return to the CITY of com-
pleted latent fingerprint request forms showing the
results of such examination or comparison.
5. Serve as the SHERIFF'S contact with the CITY in all
day to day matters relating to the examination of
latent fingerprints pursuant to this Agreement.
,
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II. The CITY shall pay to the BOARD OF COUNTY COMMISSIONERS
the Bum of SIXTY-THREE THOUSAND SEVEN HUNDRED THIRTEEN DOLLARS
ANr TWENTY-THREE CENTS ($63,713.23) annually for the latent
fingerprint services to be rendered pursuant to this Agreement.
III. In addition to the Examiners described above:
A. The SHERIFF will provide to 'the CITY, upon request by
the CITY, Forensic Science Specialists to document, process and
collect evidence at crime scenes within the CITY. Said services
shall include the photographing or otherwise documenting said
crime scene as such may be appropriate, within the scope and
capabilities of the SHERIFF. Any processing or testing outside
SHERIFF'S capabilities shall be at the expense of the CITY.
B. The SHERIFF will provide to the CITY, storage, release
and disposal for all evidence and property, except bicycles,
which may lawfully come into the possession of the CITY Police
Department or which may be obtained as the result of crime scene
processing. This includes the packaging and transportation of
such items to and from a lab or other testing facility as deter-
mined by the CITY Police Department. The SHERIFF shall be re-
sponsible for obtaining routine items of property or evidence
from the CITY OF CLEARWATER Police Department and transporting
same to secure storage facilities maintained by the SHERIFF.
However, where such items of property or evidence are large,
voluminous, heavy or otherwise not compatible with transport by
ordinary courier, it shall be the responsibility of the CITY OF
CLEARWATER Police Department to transport such items to the
SHERIFF'S evidence and property storage facility.
C. The SHERIFF shall provide to the CITY Police Department
copies of all crime scene reports generated by SHERIFF's person-
nel pursuant to this Agreement.
D. The CITY shall pay to the BOARD OF COUNTY COMMISSIONERS
the Bum of $125.90 for each crime scene processed by the SHERIFF
and shall guarantee a minimum of 2,000 calls for service during
the first year of this Agreement. For all requests for service
in excess of 2,000 during the period of this Agreement, the CITY
shall pay to the SHERIFF the sum of $125.90 for each crime scene
processed pursuant to this Agreement. However, in no case shall
the BOARD OF COUNTY COMMISSIONERS be paid less than TWO HUNDRED
EIGHTY THOUSAND ONE HUNDRED FORTY-TWO DOLLARS AND TWENTY-SEVEN
CENTS ($280,142.27) for crime scene technician and evidence
storage services as provided in this Agreement.
E. Billing for requests for service in excess of 2,000
calls during the period of this Agreement shall be invoiced
monthly at the x'ate of $125.90 per call.
-3-
F. The parties have the option to renew this Agreement for
a period of 2 additional years beyond the original contract
period. Should the parties mutually agree to renew this Agree-
ment for one or more years beyond the original contract period,
the SHERIFF may increase the cost for services no more than
4.25% for each of the two remaining years in the option period.
G. The parties agree that the term n call for services 1/ as
used' herein shall be defined as an incident, event or offense
that requires a report or offense number made, recorded or taken
by a member of the CITY OF CLEARWATER Police Department for
documentation purposes and which requires some action by a SHER-
IFF'S Forensic Science Specialist. All services rendered under
the same case number shall be deemed one call for service. Such
offense numbers shall be used to calculate calls for service
with each offense number which results in a request for services
being deemed a call for services.
IV. The CITY agrees to pay to the BOARD OF COUNTY COMMIS-
SIONERS 'on or before January 31, 1997, the sum of THREE HUNDRED
FORTY-THREE THOUSAND EIGHT HUNDRED FIFTY-FIVE DOLLARS AND FIFTY
CENTS ($343,855.50) which reflects the minimum sum due for all
services to be rendered during the term of this Agreement.
V. The BOARD OF COUNTY COMMISSIONERS OF PINELLAS COUNTY
hereby join in the execution of this Agreement to indicate its
concurrence in the terms and provisions hereof and its support
for the plan set out herein. Said BOARD agrees to amend the
Pinellas County Sheriff's Office budget to provide the funds
necessary to accomplish the purposes of this Agreement and
agrees to cooperate in every way reasonably possible to insure
that the purposes stated herein are fulfilled.
VI. Either party may cancel this Agreement upon providing
notice of such cancellation in writing thirty (30) days in ad-
vance of the date of cancellation. In consideration for and
CITY'S knowledge of SHERIFF hiring and training additional staff
to manage the requirements of this Agreement, should CITY termi-
nate this Agreement prior to January 1, 1998 no funds will be
reimbursed by the SHERIFF to the CITY. If the SHERIFF termi-
nates the Agreement, the SHERIFF shall retain such Bums from the
payment set forth above as reflect actual calls for service at
the rate provided herein and ahall refund the remainder to the
CITY.
VII. This Agreement shall be for a period of one year com-
mencing January 1, 1997 and concluding December 31, 1997.
-4-
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VIII. SHERIFF agrees to use best efforts and necessary re-
sources available to, SHERIFF to carry out the terms and condi-
tions of this Agreement. Both parties agree that they will
cooperate and work together to carry out the terms and condi-
tions of the Agreement. To that end, the parties agree that the
following individuals shall be the contact persons for the CITY
and SHERIFF respectively:
FOR '1'HE CITY
FOR THE SHERIFF
Sid Klein, Chief of Police
644 Pierce Street
Clearwater, FL 34616
(8+3) 462-6330
John F. Wolf, Major
P. O. Drawer 2500
Largo, FL 34649-2500
(813) 582 - 6386
IX.
standing
document
BOARD.
DONE AND EXECUTED this
This Agreement constitutes the full and complete under-
of the parties and may be modified or amended only by a
in writing signed by the CITY, the SHERIFF and the
day of
, 1996.
ATTEST:
CITY OF CLEARWATER, FLORIDA
CYNTHIA E. GOUDEAU
City Clerk
ELIZABETH M. DEPUTLA
City Manager
and
Countersigned:
RITA GARVEY
Mayor-Commissioner
PINELLAS COUNTY SHERIFF'S OFFICE
Witness
EVERETT S. RICE, Sheriff
-5-
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ATTEST
BY
Deputy Clerk
APPROVED AS TO FORM
OFFICE OF THE COUNTY ATTORNEY
BY
Attorney
'. AGREEMENT - CLEARWATER,
SHERIFF EVERETT S~ RICE,
BOARD OF COUNTY COMMISSIONERS
" '
___.......,..rt:hy..e.!f,fi;\t~ ". ';,,-1:.~ .."J.. / ;...:":(t:l~'{~~t^:"'?'.l\..i ....~h..-;~~........... .
BOARD OF COUNTY COMMISSIONERS
OF PINELLAS COUNTY
BY
Chairperson
-6-
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C1eanvater City Commission
Agenda Cover Memorandum
36
Item N
Heet Ing Date:
'l'/~.q~
SUBJECTZ LEASE AGREEMENT ~OR SOUTH CLEARWATER POLICE MINI-STATION
RECOMMENDATION/MOTION:
Approve a lease agreement between BOHUNT, A Florida Partnership, known as the
Lessor, and THE CITY OF CLEARWATER, known as the Lessee, for the premises
located at 1453 South Greenwood Avenue, Space B, Clearwater, Florida, for a
period of one (1) year commencing July 1, 1996 and terminating on June 30,
1997, at an annual rental of $3,000.00, payable to BOHUNT at 556 Clearwater-
Largo Road, Largo, Florida 34640, which is the maximum sum due for all
services to be rendered during the term of this Lease,
~ and thQt the appropriate official. be authorized to execute same.
BACKGROUND:
. The Clearwater Police Department's goal of providing community based
police services often requires the establishment of temporary or longer
term police substations in various neighborhoods.
. In May 1994, the Clearwater Police Department was awarded a grant for the
establishment of the South Greenwood Neighborhood Patrol Team which now
consists of seven (7) officers. Since that time, the South Greenwood
Neighborhood Patrol has been located at the Ross Norton Recreation Center
which only has office space for three (3) officers (approximately 150
square feet). Additional space is required for effective operation.
. This new office space (approximately 800 square feet) will provide work
and storage space for personnel and equipment assigned to the team and is
centrally located within the neighborhOOd served. The space in the
recreation center will revert to the Parks and Recreation Department.
. Funding for this Lease Agreement, covering the period from July 1, 1996
through September 30, 1996 is available in the Police Department's
operating budget code: 010-01132-544200-521-000, Rental-Building; however,
funding is requested in the 1996/97 Police Department's operating budget
code: 010-01132-544200-521-000, Rental-Building to cover the period
between October 1, 1996 through June 30, 1997.
levf ewed by:
L~lIl
Budget
Purchasing
Risk HgIIlt.
CIS
AeM
Othlll'
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H/A
Costs: $ 3.000.00
Total
$ 3.000.00
Current fiscal Yr.
COlIIIIsslon Action:
IJ Approved
IJ Approved w/condltlons
o Denied
IJ Continued to:
S1DIltted by:
I Cltv M~f~
Advertised:
Date:
paptr:
lllI Not Required
Affected Parties
o Notified
mI Not Required
FlnIlng Source:
IJ CepHal I"".
I!lI Operating
IJ Other
Attochllcnt_:
LeDse Agreement
IJ Ifone
ApprQpriDtlon Code:
010-01132.544200.521.000
o Printed on recycled paper
. t:'
COMMERCIAL LEASE
"
This lease Is maae btlWftn BOHUNI, A FLORIDA PARTNERSIiIP (556 Cltarwaler-Largo
Road, Largo, FL 34640), herdn calltel ussor, and THE CITY OF CLEARWATER (P.O. Box
4148, Cltarwaler, FL 34616), herein called !.tllet. USltt hereby olfm 10 lease from unor
the premises situated In Ihe City o/Clearwater, County 01 Pinel/as, Slate 0/ Fforlda. descrlhed
as 1453 Greenwood Avenue, Space B, upon the following TERMS and CONDITIONS:
I. TUlD and Renl. Lnwr dtmbet the above premlm for . term of ONE year, tommendn. July 1,1996, and
tmnlnllln& on June 3D, 1997, Of sooner lJ provided herein It the annUli renl.ll of Three Thousand DolllB
(Sl,OOO.oo), pl)'lhle In equlllnstallmenlS of Two HundtN Fifty Dollars ($250.00) in advanu on the first day
or each month for thai month.s rentlf, during the lerm ofthlsl~. All renlAl pa)'ll1enlS shall be made 10 Lessor,
It the address specified herein.
2. Use. Lessee shall use and OCCIlpy the premises II . pollce sub~laU on. The premises shall be used for no other
purpose. Lessor represenu Ihlllhe premises may lawful1y be used ror such pwpose.
3. Cart lad mahlttnanee or Prtmlses. La.s~ adnowlceges thai the premises are [0 good order and repair,
unless olhaw/se IndiCAted herein. Leuor shalJ be Ie$ponslble for all upalrs, IncludIng bul notllmlled to the roof.
Cltttrlor walls, and structural foundatlons.
~.. ....-.-
4. A lIerallons. Lessee sh.1I nolo without Iirst obtaining the wril1en <<Insent of wsor, make any alteratIons,
addhlons, or Improvemenu in, 10, or about the pl'emlses.
.-
S. Ordlouces IDd Statues. Lessee shill compl)' whh III statutes, ord inanccs and rtqulrements of III munlc lpal,
slale and fedenl luthoritles not In force. or which may herealler be In force, pertaining 10 the premlsC1,
occasioned by or alTectlng Ihe use theftof b)' Lessee.
6. Asslrllllfco I ud SubIcUla,. Lessee shall no! assIgn this lease or sublel All)' portIon of the premises wJthoul
prior wrlUen collUnt of the Leswr, which shill not be unreasonably w 11hheld. Any sueh assignment or sublel1lng
whhoul COnsent shall be void and, a Ihe optlon of the Lessor, may terminate this lease.
'I. Ulllltlts. All appliutlons .1IId connections for ncassary ut11lty services on the demlloCd premises shall
be made iIT the name o( Lessee only. Lessot shall be rcspMs:ble (or the wsl ohlectricJl)' up 10 S I 50.00. Lessee
shall be solely Uable for utility charges Alth~ become due, Including those for lelephont services II ",ell as (or
I J% of lilY electric cost In excess of S I 50.00.
8. Eotry lod InSp<<tlon. Lessee shill pennh Lessor C'r Lessor', Illents to ent~r upon the premises .1 reasonable
limes and upon rc.uonable nollc.e, for lhe pll1pOSC of Impec1ms the $ame, and will prnnll Lessor at an)' lime
w[lhln sixty (60) days prior 10 the expl~lion of this 1=. too pl.ce upon the premises an)' usull "To Let" Of "for
Lease" signs, 1Il~ permit pmDl\J desiring to Iw.e the same 10 Inspect the preml$CS therufter.
9. Pones5l0n. If Lessor Is unable to deliver posseulon of the premises II the commencement heuof, Lessor
shall DOl be liable (or aay damage aused !hereby 1111/' shall thll lease be voId Of vojd4ble. bUI Lnsee shall not
be liable for any renl unt[l posses.slon Is delivered. ~scc mlY tel1lllnate this lease lfpossesslol1 Is not deUvtrro
with In TEN days of the comrnencrnltrlt of the tenn heuof.
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10. lodemnlnulloo of Lessor. Lessor shill not be liable for Illy damage or InJIIl)' 10 Lessee, or an)' other
person. or any proprrty, o.xurring all lbe demised prtml~, or any part thtleof, &lid Lessee agttts 10 hold I..cssor
hannless from lilY claIms for dunagC$. no maller how alused.
11. Emlllent Domain. Jrlhe premises or any put Ihereof.:lr any C$tale therein. or any othel' part of the bufIding
materially IlTeeling Lessee's use of the premises, shill be llIken by emlnenl doml/n, thIs lease shalltenn[nale on
the dale when l/lIe V~!$ punullll o( such takID" The lenl, and any lIddhlonal Itlll. shall be apportIoned II of
the lennlnalion date, and any rent paid for 111)' period beyond thaI dale shall be repaid to Lessee. Lessee shall
not be enlltled to any part of the I" ard for such taking or any payment In lieu thereof, but Lessee mlY Iile I
claim for lilY taking of fixlUrtS and ImprovemCllts owned by LeSl~, ~d for moving expenses.
U. Deslllfetloll of Prcmlus. In Ihe event 0(. pmlal destructloll of the premlsts durlnB the tenn hettor, from
any cause, Lessor shall fonhwlth repaIr the Slme. provided thaI such repairs can be made wilh In slxt)' (60) dl)'s
ur.oer exlSlmg governmental I'WS ano tegulIUon$, OUt sucn panl.llIe$II'1JCllUn snlll nOl lCImin'le tlusleolU, uuol"
1l1'1 Lessee shill be entitled to a proportlonale reduction of unt whfle such repairs are belns made, based upon
the extent to which the maklns of such repaln sh.lI Interfere with the business of Lessee on the premises. Ifsuch
repairs ~ol be made wIthin Slid sb:l)' (60) days, Ltssor, II his opllon, mll)' mJlce the same wi/hln a rtl30nlble
lime. this lease continuing In eITect with the renl proportlona1ely abated as aroresald, IIld In lhe evenllhal Lcssor
shan not elect to make such repairs wh Ich unnot be made within sixty (60) days, th Is luse may be Irnn[naled
.t the option of eIther party. In the evenl thai the bulldln; In which Ihe demlStd prcmlses ml)' be s1t~ted Is
destroyed 10 an exlenl of not less than one-third of the repl.eemenl cosU thereof, wsor mlY elect 10 tennlnlle
!hI, fuse whether Ihe demised plemlseJ ~ lnJUTtd or nOI, ^ lOlal deslructlOIl or the bulldlns III which the
premises m.y be situated shalltennlnate this lease.
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13. Lessor', RCllltdles o. IhrulL If leuee dcfJulu In the paymenl of renl, or any addItional rent. or defaulu
In the pcr(onnanoc of Ill')' of the other toVCllIIIU or rondltlont hereof, Lessor may live Less<< nollec of such
default lad If Leuee doa no! cure lilY such def.ull within FIfTEEN d.ys. anet the alvln. of tuchnotlcc (or
IrlUCb other &flllllll ohuth nature that II caMot be completely cured within luch period, If Lessee does not
commence tueh curina within TItIR1Y dl)'1 and theruner proceed with rusonable dlll&ente Il1d In load f.lth
10 cure .uth default). then Less<< may lermlnate thll luse on not leu than TIURn' &)'1 notlee to Les~ On
the date .peclned In such nollce the lerm of this lease sh.Jltermlnlle, and leuce sha1llhen quit and turrcndct
Ihe premises 10 Lessor, trthll luse shall have been $0 terminated by Lessor. Lessor may at lilY time thereaner
mumc pouculon of Ihe premises by any lawful means and remove Lessee or other oa;upanLt Ind their elfccu.
14. SeeU"I)' Deposlt. Lessee Ih.ll deposit with Lessor on the sIgning of this lem of sum of XXXXXXX
DoIlIl1 ($ XXXXXXX ) as securily for the performance of lessee's obllgallons undct Ihl, lease, lndudlnl
wlthoulllm l1allOll the SWTaldct of posseulon of the pfem Ises to wsor IS herein provided. If Lessor appUcs In)'
pIl1 of lilt dcp<nlt 10 QIfC any def.ult of Lessee, Lessee sh.1I on demand depos II with Les.sor the amount so
applied SO thll Lessor shall hive the filII deposit on hllld II .11 limes during Ihe lerm of thlt lease,
15. Tues, COIIIIIIOll Am M.lolcnlllce, and Insurance. lenor sblll be responsible for .111IXes, rommon area
malnlenance. IIId Insurance for the premises.
lti. Al1omey'1 Fm. In taSe suit should be broughl for recovU)' of the premises, or for InY sum due hereunder,
o,r because of any .eI whtch may &fIsc oul of the possession ,of the premises, by either party, each party shall be
responsible for Ihelr OWll anomey's fees and costs.
17. Waiver. FaULltC of LesSOf 10 enfOIU In)' tcnn hereof shin be deemed 10 be II waIver.
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II. Nollct'S. Any nOllce which either pari)' mayor Is required 10 gIve, shall be given by mailing the same,
postage prepaid, 10 Lessee It the prtmlses, Of Lessor al the addrns spec llied above, or II sueh olher places IS
may be deslgnaled by the parties frc.m ttme to lime,
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19. Heln, A"linS, Sucmson. This lease Is binding upon and Inures to the benefit of !he heirs assigns and
suceeuors In Inleresl to the panles.
10. Opllon 10 RtlIew. Provided Ihat Lessee Is nolln default In the perfonnancc of this lease, Lessee shall h.ve
the option 10 renew !he lease fOf' an additIonal term of ONE YEAR commencing al the expiration of Ihe Inillll
lease Icrm. All of the terms and condltlons of Ihe luse shan apply during the renewal lerm exupt that the
monthly renl shall be Ihe sum of Two Itundred Seventy-Five Dollars ($27s.o0). The option shall be exercised
by wrinen notice elven 10 Lessor nolles, than llflRlY days prior 10 the expIration of the lnltlallcase term.
1J. SubonflllltlOll. This lease ts and shall be subordinated 10 all exlstlng and future Hens and encumbrances
against the propcrt)'.
11. CallcellaUoa. Lessee may cancel thi! agreemenl II any lime wilh THIRlY days written notice 10 Lessor.
D. Enllre A&l'ffmeoL The foregoIng constitutes the CIltUt agreemenl between the parttcs and may be modified
only by . wrlllng signed by both parties. The following Exhibits, if any. hive been made. part of this luse
berorc the parties' cxecullon hereof:
Signed thb ' day of , 19
elly of Cle4lWaler
BY:
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Ellnbcth M. Deptul.. City Manager
A TIEST:
Cynlhl. E. Gouduu, Cll)' Clerk ,
APPROVED AS TO FORM AND LEGAL SUFfiCIENCY:
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Carassas, A".lstanl CIty Attorney
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Clearwater City Commission
Agenda Cover Memorandum
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SUBJECT: Contract for Holiday Decorating Service
RECOMMENDA TION/MOTION:
Award a contract for holiday decorating services for a five {5} year period, beginning December 1, 1996
and ending January 15, 2001, to Clark Sales Display, Inc., for the sum of $70,200.00, which is the
lowest most responsive bid submitted in accordance with the specifications,
1&1 and that the appropriate officIals be authorized to execute same.
SUMMARY:
· Staff canceled last year's holiday decorating contract, with another vendor, for inability to perform.
· Clark Sales Display successfully performed this service under a previous contract with the City from
December 1, 1990 to January 15, 1995.
· The annual cost of this contract will be $14,040.00, with 50% paid in advance on October 15th
upon receipt of contractor's invoice, and second half due upon removal of decorations after January
111 and receipt of invoice.
· The work will require one hundred and seventeen (117) 8'0" lighted pole hanging decorations and a
lighted tree:
. Forty-six (46) pole decorations on Cleveland Street from Myrtle Avenue to the bayfront;
. Forty-two (42) pole decorations on the Memorial Causeway section from the bayfront to the
beach;
. Twentv-nine (29) pole decorations on the triangle area on the beach encompassing Marianne
and Causeway Boulevard;
. And, one (1) 25' lighted tree with a 4' five-point star supplied for Clearwater Beach.
. The contractor will be responsible to install the decorations prior to December 1't each year and
remove them no later than January 15th of each year.
· This five (5) year contract is contingent upon the City Commission approving funds each year in the
operating budget to continue this service.
· This item was removed from the City Commission agenda of 6/20/96 to allow 2 changes to the
contract. First, the requirement of a surety bond was removed since it is not required by the City and
since it wasn't included in the specifications let for bid. Second, the amount of the contract,
$70,200 ($14,040 per year), was left off the original contract but is included in the attached.
Costs:
Total
Commission A~tlon:
o Approved
o Approved w/Condltlon.
o D,nled
o Continued to:
P?7W$'io:'io'o;tj(r
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Current Fllcal Vaar
Submitted by:
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o Notlned
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CITY OF CLEARWATER
BID 111-96, OPENED MAY 9,1996
HOLIDAY DECORATING SERVICE
BID TABULATION
ITEM
DESCRIPTION OF SERVICE
1 HOLIDAY DECORATING SERVICE
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i TERMS:
. SUMMARY OF BID 111.96
BIDS SOLICITED: ' 6
81DS RECEIVED: 2
NO RESPONSE: 3
NO-BID RESPONSE: 1
. UNABLE TO MEET SPECS: . 1
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CLARK SALES DISPLAY
TAVARES. FLORIDA
1 YEAR
PRICE
5 YEAR
PRICE
$ 14,040.00 $ 70,200.00
50% IN OCT - 50% IN JAN
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Z-DEC COMPANY'
ZEPHYRHILLS. FLORIDA
1 YEAR
PRICE
5 YEAR
PRICE
$ 16,000.00 $ 80,000.00
$4,500.00 DOWN
$5,000.00 AFTER INSTALL
BALANCE DECEMBER 10
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CuNTRACT
This CONTRACT made and entered into this day of . 19_.
by and between the City of Clearwater, Florida. a municipal corporation. hereinafter
designated as the MClty". and
hereinafter designated as the UContractor".
WITNESSETH:
That the parties to this contract each in consideration of the undertakings. promises and
agreements on the part of the other herein contained. do hereby undertake. promise
and agree as follows:
The Contractor. and his or its successors. assigns, executors or administrators, in
consideration of the sum of $70.200 total ($14,040 per year) to be paid by the City to the
Contractor, shall and will at Its own cost and expense perform all labor. furnish all
materials, tools and equipment for the following:
A five (5) year contract beginning December 1, 1996, and ending
January 15. 2001. to provide Holiday Decorating Activities under the
specifications described in Exhibit A.
In a~cordance with such proposal and technical supplemental specifications and such
other special provisions and drawings, if any, which will be submitted by the City,
together with any advertisement, instructions to bidders, general conditions. proposal
and bond. which may be hereto attached. and any drawings jf any, which may be herein
referred tat are hereby made a part of this contract. and all of said work to, be performed
and completed by the contractor and its successors and assigns shall be fully completed
in a goed and workmanlike manner to the satisfaction of the City.
" the Contractor should fail to comply with any of the terms, conditions, provisions or
stipulations as contained herein within the time specified for completion of the work to
be performed by the Contractor. then the City, may at its option, avail itself of any or all
remedies provided on its behalf and shall have the right to proceed to complete such
work as Contractor is obligated to perform in accordance with the provisions as
contained herein.
THE CONTRACTOR AND HIS OR ITS SUCCESSORS AND ASSIGNS DOES
HEREBY AGREE TO ASSUME THE DEFENSE OF ANY LEGAL ACTION WHICH
MAY BE BROUGHT AGAINST THE CITY AS A RESULT OF THE CONTRACTOR'S
ACTIVITIES ARISING OUT OF THIS CONTRACT AND FURTHERMORE, IN
CONSIDERATION OF THE TERMS, STIPULATIONS AND CONDITIONS AS
CONTAINED HEREIN, AGREES TO HOLD THE CITY HARMLESS FROM ANY AND
ALL CLAIMS FOR DAMAGES, COSTS OF SUITS, JUDGMENTS OR DECREES
RESULTING FROM ANY CLAIMS MADE UNDER THIS CONTRACT AGAINST THE
CITY OR THE CONTRACTOR OR THE CONTRACTOR'S SUB..cONTRACTORS,
AGENTS, SERVANTS OR EMPLOYEES RESULTING FROM ACTIVITIeS BY THE
AFOREMENTIONED CONTRACTOR, SUB-CONTRACTOR, AGENT SERVANTS OR
EMPLOYEES.
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In addition to the foregoing provisions. the Contractor agrees to conform to the following
requirements:
In connection with the performance of work under this contract, the Contractor agrees
not to discriminate against any employee or applicant for employmont because of race,
sex, religion, color, or national origin. The aforesaid provision shall Include, but not be
limited to, the following: employment. upgrading, demotion, or transfer; recruitment or
recruitment advertising; lay-off or termination; rates of payor other forms of
compensation; and selection for tralningt including apprenticeship. The Contractor
agrees to post hereafter in conspicuous places; available for employees or applicants
for employment, notices to be provided by the contracting officer setting forth the
provisions of the non-discrimination clause.
The Contractor further agrees to insert the foregoing provisions In all contracts
hereunder, including contracts or agreements with labor unions and/or workerts
representatives, except sub-contractors for standard commercial supplies or raw
materiafs.
It Is mutually agreed between the parties hereto that time is of the essence of this
contract, and in the event that the work to be performed by the Contractor Is not
completed within the time stipulated herein, it is then further agreed that the City may
deduct from such sums or compensation as may be due to the Contractor the sum
~Qual to 3% of the annual contract amount per day for each day that the work to be
performed by the Contractor remains incomplete beyond the time limit specified herein,
which sum shall only and solely represent damage which the City has sustained by
reason of the failure of the Contractor to complete the work within the time stipulated, It
being further Bgreed that this sum is not to be construed as a penalty but is only to be
construed as liquidated damages for failure of the Contractor to complete and perform
all work within the time period as specified in this contract.
IN WITNESS WHEREOF, the parties to the agreement have hereunto set their hands
and seals and have executed this Agreement, in duplicate, the day and year first about
written.
Rita Garvey; Mayor-Commissioner
Approved as to form and
legal sufficiency:
CITY OF CLEARWATER! FLORIDA
By:
Elizabeth M. Deptula, City Manager
Attest:
Countersigned:
Cynthia E. Goudeauj City Clerk
John Carassas, Asst. City Attorney
(Contractor)
By:
Its:
a:\Inewcome\contracl.lc
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SPECJFICATIONS FOR HOLIDAY DECORATIONS
CITY OF CLEARWATER.. PARKS & RECREATION
VlNDOR BLIG{BILITtl
All vendors must demonstrate prior auccossful
experience in providing like servicem to a
municipality or similar agency. Vendors must
also demonstrate tho 'ability to succeBsfully
perform per the specifications and scope ot
this document. Specifically, vendors must
provide proof that they have at least three
(3) years experience in providing pole-
mounted displays on poles located within the
Right-of-Way of D.O.T. roads; vendors must
provide three (3) references ot this type
work. The successful bidder will be required
to sign a contract to be approved by the City
commission.
,
SCQPISI
The city of Clearwater proposes to continue
to privately contract its Holiday Decorating
activities for a five (5) year period,
beginninq December 1, 1996 and ending
January 15, 2001.
The area assigned to the contractor will be
the Downtown section (46 decorations on
Cleveland st., from Myrtle Ave. to the
Bayfront),' the Memorial Causeway section (42
decorations from the Bayfront to the Beach),
and the Beach section (29 decorations
encompassing Marianne and Causeway Blvd.).
The contractor will be responsible to supply
and install all new 24" steel face plate
mounting brackets, with three (3) stainless
steel banding straps, and maintain them over
the term of the contract.
This work will require one hundred and
seventeen (117), 8'0" lighted pole hanging
decorations, with an average of sixty (60)
lamps per decoration, and full garlandj and
one (1) 25' lighted tree with a 4' five-point
star, two hundred and sixty (260) lamps,
and full garland. These decorations may be
now or refurbished, meeting with the approval
ot the city. The contractor will utilize
3000 hour rated (C-g) lamps, to be changed-
. out each year, to the satisfaction of the
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9ITY ~P~ROVAL ot
PBCORATIOliQI
fERFORH1\HQJl1
lJOH-1!BRPORMANCB
PENALTY I
tNStmANCll1
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city. The contractor is required to furnish
and install all materials needed to connect
the liqhted decorations to existing power, to
furnish,lnstall, and maintain the deooration.
durinq the specified period, and to furnish
all traffic control durinq the installation,
maintenance and removal ot the decorations.
The city is to provide a working 110 volt
electrical outlet at each pole where
decorations are to be located, and,' a.t the
Memorial Civic Center where the 25' tree ia
to be installed.
The city will have the right to select the
type at decorations desired from a catalog
furnished by the contractor. It so required,
the contractor will furnish samples of
decorations to the city. The city may mix
and change the decorations on a yearly basis
to equal decorations.
The contractor shall install the decorations
durinq the month of November, and prior to
December 1st each year; the contractor shall
remove the decorations in a timely manner,
anytime after January 1st and prior to
January 15th. The contractor shall make any
repairs that are required within 72 hours ot
receivinq notice.
The contractor shall forfeit three per cent
(3') of the annual contract amount, tor each
day in December that the complete decorations
are not fully installed and functional. The
contractor shall forfeit one-halt per cent
(1/2') of the annual contract amount, for
each day in December that the contractor
failed to make required repairs, outside
the 72-hour ot receiving notice requirement.
The contractor shall possess and maintain all
applicable licenses and insurance required by
law and shall possess and maintain a minimum
of $500,000 liability coverage. Contractors
employees are to be under appropriate
worker's compensation.
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IIBTHOD OF PArHE~ I
9ANCBLL~t9.H FO~
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CANCBt.LATI9U FOll
HON-PUNDING I .'
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Contractor shall be paid on an annual basis -
one-half of contract paid in advance on
october 15th upon receipt ot contractor'.
invoice, and socond halt due upon removal of
decorations and receipt ot invoice (net 30).
The city shall have the right at any time to
cancel the contract, upon thirty (30) days
written notice to the contractor, tor
continued or groBs failure by the contractor
to perform satisfactory services a8 specified
within the contract.
Except as a result of non-performance Oft the
part of the contractor, as previoUSly
provided for in the specifications, the City
of Clearwater may not for any reasons of
convenience or otherwise cancel this contract
at any time during the five (5) year period,
excepting however, at the end of each one
year period the city Commission may at its
sole discretion cancel this contract by
failing at annual budget approval to include
funds for its continuance in the upcoming
year involved.
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Clearwater City Commission
Agenda Cover Memorandum
J J 0 llem#:
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SUBJECT:
Brazilian Pepper Removal at Cooper's Point
, RECOMMENDATION/MOTION:
Award a contract through a Purchase Order to Stan Cisilski, Inc., of St. Petersburg} for the removal of
Brazilian Pepper at Cooper's Point, in the amount of $66,700, in accordance with Sec. 2.564.
Exceptions to bidding procedures (1 )(d) Commodity available on other government entity contract,
lEI and that the appropriate omcials be authorized to execute same.
BACKGROUND:
· Coopers Point is seriously infested with Brazilian Pepper, a highly noxious invader plant that not only
threatens the environmental integrity of City property, but also has the potential to grow up to 10 feet per
year, threatening neighboring private property with the elimination of desirable plants and wildlife, lost
coastal habitat, increased storm erosion potential and associated property loss, and contact allergic
response in individuals sensitive to the plant's natural toxic properties.
. Clearwater is required by agreement with Pinellas County, a co-owner of the property, to maintain the
environmental integrity of Coopers Point, and the County has approved moving forward with this phase of
the project (attached).
· Elimination of the Brazilian Pepper seed source from Coopers Point on both public property and a small
portion of private property, will maximize the City's ability to maintain Coopers Point from serious
environmental deterioration and habitat loss posed by this invader plant specie.
· The City Commission approved a cooperative funding agreement with the Southwest Florida Water
Management District for restoration of Coopers Point on July 20, 1995.
. This District funding covers restoration of the "wetland" areas, and also includes design, permitting and
construction management services.
. Stan Cisilski, Inc. is currently under contract with Pinellas County (Contract Number 945-05056) for this
service.
. Stan Cisilski, Inc. has recently performed Brazilian Pepper removal at Del Oro/6ayshore park and has
performed very well.
. The District, through the cooperative funding agreement, wi II reimburse the City in the amount of $14,475
for this work.
Reviewed by: Originating Department: Costs: Commission Action:
Legal N/A En~ $66,700.00 o Approved
Budget Total o Approved w/Condilion5
PurchaSing User Department: $66,700.00 o Denied
Risk Mgmt. Current Fiscal Vear o Conlinued to:
Engineering Funding Source:
IS 1BI C;lpU;lllmprovemenll
AUtt Advetfbed: 0 Oper~llns:
Other Date: 0 Other: Attachments:
Paper: Plnelln County Letter
Submitted by: 1BI Not Required Appropriation Code Memorandum from Legal
Ci~i?a~ ~ Affected Parties: 315.96105.563500.539.Q00
0 Notlned o None
0 Not Required
o PrJntrd on recycled paper
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· This project is 'fully consistent with the City of Clearwater Five Year Capital Watershed Plan and Water
, Resource Project Summary Document approved b'y the City Commission in June of 1995, and with the City
of Clearwater Comprehensive Plan Goal Number 22 and related objecti~es and policies.
.' The Environmental Advisory Board recommended approval of the contract on March 20, 1996.
· Total project costs in the amount of $66,700 are available in Capital Improvement Project 315-96105,
Habitat Restoration and Improvement for this purpose.
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BOARD OF COUNTY COMMISSIONERS
PINELLAS COUNTY, FLORIDA
DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
COMMISSIONERS
SALLIE PARKS. CHAtRMoi.N
ROBERT B, STEWART. VICE CHAIRMAN
CHARLES E. R.l\INEY
STEVE SEIBERT
BRUCE TYNDALL
BARNETT BANK BUILDING
600 CLEVELAND STREET
SUITE 440
CLEARWATER, FLORIDA 34615
PHONE: (813) 298.1750
FAX: (813) 296-1761
April 23J 1996
Ms. Terry Finch
Environmental Program Supervisor
City of Clearwater
Post Office Box 4748
Clearwater, Florida 34616
RE: Coopers Point Management and Maintenance proposal
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Dear~' TCh,
Per your recent request for written permission to proceed with the removal of exotic vegetation on the
Coopers Point tractJ I have reviewed the supplied infonnation and concur with this plan of action. Since
the interlocal agreement between the county and the city requires written authorization for this type
activity from the Pinellas County Department of Environmental ManagementJ please accept this letter as
, that approval.
As I'm sure you are already aware, there has been an active Bald Eagle nest on this property in the past
few,years. It is my understanding that this pair of birds has relocated to the north of Alligator Lake this
season however the site they are using is not very desirable from a nesting perspective and they may well
return to the Coopers Point site in future nesting seasons. With this thought in mind it will be important
to have contingencies in the work plans for working outside the nesting period. The old nest site on this
property still has a protected status so you will need to coordinate your plans with the Florida Game and
Freshwater Fish Commission. I would recommend contacting Paul Schultz at 813-648~3205 if you have
questions in this regard.
I am looking forward to reviewing the restoration plans which are being prepared by King Engineering,
the consultant for the District. The concept of limited public access via upland trails and boardwalks
o where appropriate is in keeping with the county's intent for use of this property. Ifl can be offurt~er
assistance or provide any n'eeded infonnation, please do not hesitate to call me at 298~ 1750.
cooper.1tr
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i! l~ APR 2 l\ 1996 :j ~.;
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William M. Davis, Director
"Plnellas County Is an Equal Opportunity Employe~' . Member.Pinetlas PartnershIp for a Drug Free Workplace 0 printed on recycled paper
f
.---'
CITY OF CLEARWATER
Interdepartmental Correspondence Sheet
TO: Terry Finch, Environmental Program Supervisor
FROM: John Carassas, Assistant City Attomey7'V
COPY: Elizabeth M. Deptula, City Manager
Rich Baler, P.E., City Engineer
Tom MllIer~ Asst Director of Engineering/Environmental
SUBJECT: Brazilian pepper Removal at Coopers Point
DATE: ~ay 28, 1996
This memo Is in response to your memo of May 23, 1996, wherein you requested
assistance regarding the removal of Brazilian pepper trees from private property at
Coopers Point.
I have revIewed the documentation that you have provided to the City Attorney's Office
regarding the removal of Brazilian pepper trees. It is my understanding that the City will
be removing these trees from City property and in addition will have to enter two private
parcels in order to remove the trees. Enclosed with the documentation and attached to
this memo are two separate letters signed by Mr. Philip E. Larsen, Vice President for
AdmInistrative Affairs for the Clearwater Christian College and Mr. Derwin B. Smith III.
Both letters authorize the City of Clearwater to enter onto their property and remove
Brazilian pepper trees. These letters are an acceptable authorization from the property
owners for the specific purpose of entering onto theIr property to remove the Brazilian
pepper trees. Please ensure that the contractor Is properly Instructed that the
authorization is only for the specific purpose stated herein.
If you have any additional questions on this matter, please do not hesitate to call me at
6760.
JC:ln
ene.
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CHRIS'nA.N COLLECiE
3400 Gulf-la-Bay Blvd.
ClearwaCer. Ft. 34619
(813)7 26-11 53
FAX (813) 726-8597
Hr. Thomas H. Hiller
City of Clearwater
Engineering Department
P.O. Box 4748
Clearwater, FL 34618-4748
Dear Mr. Miller:
.'
,
(
May 15, 1996
The purpose of this letter is to give permission to the city of
Clearwater for removal of pepper plants at the northeast end of
our campus. I also gives permission for contractors employed by
the City of Clearwater to access city property through our ,
college campus in order to remove pepper plants on the city's
property.
PELlgh
Sincerely,
~~..
Vice President for
Administrative Affairs
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WORK AUTHORIZATION FOR THE CITY OF CLEARWATER
I, Derwin B. Smith,lIl, 226 4th Avenue North, St. Petersburg, Florida 33701-2912, the property
owner, hereby authorized the City of Clearwater to remove exotic vegetation, (i.e. Brazilian pepper
trees) from lot numbers 16-29.16-00000-120-0100, 130-0200, and 140-0100, as identified in the
legal description provided by the tax assessor.
SIGNATURE
------.j~/LY_f~
DATE
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"
I1cm #
CLEAR\V A TER CITY COMMISSION 0/
E" N ?- Agenda Cover Memorandum ~ I
Mccling Dale
'/. IY; ,C(~
SUBJEcr: UTILITY RATE STUDY t PHASE I
RECOMMENDATlON/1\lOTlON: Implement Phase I of the Ulility Rme Study \\ilh Ihe Enginccr of Rccord, Post. Buckley, Schuh & Jemignn
(pBS&J) at a cost of$97.526,
[ill and U1.1t the appropriate officials be allthoril.cd to executc samc.
BACKGROUND:
. nlC purpose ofthis study is to evaluatc UlC rates and ralc structUI'CS ofthc City's solid waste, water, sewer and stonnwaler utililies, Since rate
studies ll.1vc already been done for recycling and gas, nunitml allentiOll \\ilI be directed to these utilities. PBS&J "ill develop a conccptu.11
design of the utility rate systems consisting of a revenuc sufficicncy mmlysis for each utility, UlC development of a five year finnncial
n1.1n..1gement program for each utility mId an analysis of the current nile strnclure of ench utility mId rcconunendations as to rate stmctuI'C
modifications to mcct the City's objectives and to comply \\ilh genernlJy accepted rate~l1laking practice.
. TIus project is intended to result in a fivc year finnncial manngell1cllt plan for CHch oftllc subject City utilities, fhir and cquilnble rates and fees
for each utility and a sound nnaIyticat basis and automated model for periodic adjustmcnts to dlc fillnllciaJ rnm4'\gcl11cllt plan and/or t11e
specific rotes and fees.
. Pll.'lSC I of the Rate Sludy \\ill be complcte within three (3) monlhs from aUlhorizmioll to proceed. A scopc I'Cvicw for Phase 11 \\ill be
subnultcd upon completion ofPhnse 1.
. A midyear budget amendment will provide funding for the study from the UJ1.1pproprialcd retained camitlg5 of the utility funds as follows:
Walcrand ScwcrFuud (60%), $58,516; SlonnmllcrFuud (20%), $19,500; GnsFund (5%), $4,880; Solid Waste Fund (15%), $14,630.
Rovlewed by:
. Lega l
, Budget ~
purchBsing~
Risk Hgmt. ~/A
1 CJS IJIA
; ACH " J{.h0-
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, Submided by:
i Cfty 3:.~ -
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Engineering
I .
d~ User Dcpt. '
\'. Pub.~ks,Sotid ~aste
~L) s.~nginel:rin9 .
~~tJ. dvertised:
(,<. I Date:
I Paper:
I Not required
Affected parties
notified
Costs: 197.526.00
(Current FY)
Comml.s1on Acllon
Approved
Funding Source:
ApproYlld
w/condltlon.
Copt. 11llI. X
Operating
Other
Dcnled
Cont'd to
Appropriation Code(s)
315-96519-5303-539-000
AttllChment.:
Work Ordcr
Not required
utill'atll, Dgn
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CITY OF CLEARWATER
ENGINEERING DEPARTMENT
PBS&J WORK ORDER INITIATION FORM
Date: September 21, 1995
PBS&J Project No.
City Project No. UT-06 17gfi
1. PROJECT TITLE:
, Utilities Rate Study
2.
SCOPE OF WQRK
PBS&J, assisted by Sub consultant Burton & Associates, Inc., shall conduct a comprehensive
Utilities Rate Study for the City's Water, Sewer, Storm Water and Solid Waste utilities.
3. PROJECT GOALS
This project is intended to result in a five year fmancial management plan for each of the
subject City utilities, fair and equitable rates and fees for each utility and a sound analytical
basis and automated model for periodic adjustments to the fmancial management plan and/or
the specific rates and fees. It is also our goal to accomplish this with a clear vision and
understanding as to the implications of rate making decisions on the customers of each
utility.
4. BUDGET
A maximum budget of $97,526 has been established for this assignment.
5. SCHEDULE:
Phase I of the Rate Study will be complete within three (3) months from authorization to
proceed. Phase II will be complete within six (6) months of completion of Phase I, for a
total project completion schedule of Nine (9) months.
6. ;PBS&J AND BURTON & ASSOCIATES STAFF ASSIGNMENTS:
PBS&J:
Ken Wilson
Marc Walch
Burton & Associates:
Mike Burton
Robert Lockridge
877-7275
407/647..7275
(904) 247-0787
(407) 671-0079
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7. CORRESPONDENCEIREPORTING PROCEDURES:
Correspondence will be sent to Richard Baier. Copies of all correspondence shall be sent
to ~lizabeth Deptula.
8. INVOICINGIFUNDING PROCSDURES~
The budget for this work is a maximum of $97t526 based on actual time and direct
reimbursable costs expended. Invoicing Method A, Cost Times Multiplier Basist shall be
used. Burton & Associates will be invoiced at the Contract billing rates in lieu of raw salary
times a multiplier. .
EXP. CODE: 315-96519-530300-539-000
9. . SPECIAL CONSIDERATIONS:
None.
10. PROJECT COMPLETION REPORT:
PREP
CITY
To be determined.
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POST, BUCKLEY, SCHUH & JERNIGAN, INC.
5300 W. Cypress Street, Suite 300
Tampa, FL 33607
CITY OF CLEARWATER
UTll..ITIES RATE STIJDY
SCOPE OF SERVICES
The City of Clearwater wants to evaluate the rates and rate structures of its water, sewer, storm
water and solid waste utilities. The scope of services to accomplish the City's objectives with regard
to these utilities' rates will require two phases as described more fully below:
1. PHASE I - DEVELOP A CONCEPTUAL DESIGN OF U'IUJTY RATE SYSTEMS
In Phase I, PBS&J and Burton & Associates will develop a conceptual design of the utility
rate systems for the aforementioned City utilities. This conceptual design will consist of the
conduct of a revenue sufficiency analysis for each utility, the development of a five year
financial management program for each utility and an analysis of the current rate structure of
each utility and recommendations as to rate structure modifications to meet the City's
objectives and comply with generally accepted rate making practice.
Phase I will serve to 1) detennine the current and project financial condition ofthe subject
utilities, 2) develop a financial management plan for each utility to serve as a financial
planning framework within which the utility can be managed, and 3) define the specific rate
structure modifications to be implemented in the development of specific rates and fees in
Phase n.
2. PHASED.. CONDucr A COST OF SERVICE ANALYSIS & CALCULATE
RATES & FEES
In Phase n, PBS&J and Burton & Associates will conduct a fully allocated cost of service
study to properly identifY and allocate costs (including indirect and interdepartmental costs),
conduct a bill frequency analysis to derive the necessary customer and billing data for rate
computations and develop specific rates and charges for each utility integrated with a detailed
customer impact analysis. The customer impact analysis will be perfonned simultaneously
with rate calculations, allowing us to include the City staff in an interactive work session to
calibrate cost allocation and rate structure variables according to customer impact. This
allows us to develop final rates and fees that generate sufficient revenues yet are structured
so as to be sensitive to customer impact. Customer impact will be examined for each utility
rate and for the combined impact ofall subject utilities upon customers of varying sizes within
customer classes.
Im:Y :'COMMON'.c:LR.WA TIiJl.\RAnst\ID'ISCOPE\R TESTUD,sep 1
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Item #
SUBJECT:
CLEAR\VATER CITY COMMISSION /l
Agendn Cover Memorandum U d---- Meeting Date
- ( I{ · I ~C( 0
Cleveland Street Grant of License for vchiculnr parldng in exchange for conveyance of right. of-way.
~rJCP
RECOMMENDATIONIMOTION: Approve a License Agreement For Vehicular Parking over a 15 X 90 foot
portion of City-owned renl property identified as Parcel Number 16-29-16-00000-220-3200 with William E. nnd
Marilyn M. Rowe, as consideration and in exchange for Mr. and Mrs. Rawest conveyance by Special Warranty
Deed of a 20 X 75 foot portion of real property identified as Parcel Number 16-29-16-00000-220-2700, with
estimated documentary nnd I'ecording fees of $45.00,
[!] and that the appropriate officials be authorized to execute same.
SUMMARY:
. At the request of residents in the 3000 block of Cleveland Street. The Cleveland Street Widening Project. using Penny
For Pinellas funds. will widen the street west from McMullen Booth Road a distance of approximately 550 feet. This
currently 10 foot paved roadway will be widened to a 24 foot roadway with one 12 foot east bound lane and one 12
foot west bound lane within a 40 foot wide right of way.
. In a 1970 Petition For Annexation, five property owners on the south side of Cleveland Street conveyed the northerly
20 feet of their properties to the City as public right of way. By Resolution 94-17 the City dedicated additional right of
way for the project from the southern boundary of Chesapeake Park. The Rowe property and two other parcels on the
south side of Cleveland Street remained unincorporated and did not convey additional right of way.
. In November. 1995 the City acquired two of the remaining unincorporated parcels to be used for 20 feet of additional
right of way and for project surface water retention. The conveyance by Mr. and Mrs. Rowe of the northerly 20 feet of
their parcel will complete all the south half right of way for the project. Only a 20 X 50 foot conveyance from Pinellas
County is required to complete the north 20 foot half right ofway.
. As consideration for Mr. and Mr. Rowe deeding the 20 X 75 foot right of way strip. the License Agreement For
Vehicular parking would provide them with a 15 X 90 foot area immediately adjacent to their east property boundary
primarily for the purpose of parking their motor home which they presently park along the right of way.
(continued)
'RaVi,w,it 'by:
Legal ye- _
Budget 'd
(Current FYI $45,00
App,oI/Cd
Originating Dept.
Coa~:
$45.00
COlllo...lon AcUon
, Funding $olJlt:Cl:
Applowd
wfcondillon.
Capt. Imp. X
Denied
R1,k Mgmt.
Opelatlng
Cont'd to
ACM
(J~'
Date:
Paper.
Not R1qulnld: X
l~ Affocted partie.
notified
Other
IS
ENO,
oruER
Approprialion Codll!11
AnachIDllnll:
Sublrinad By:
3\5.92258-560\ 00541.000
CoPV of Spoclal WlllTOnty DOlld flam
the RoWel to the City
CoPV of Ucllnle Ag,eetTlClnl For
Vohlcular Pa,klng
Compollta Locolor Map of aKchalllla
Qty~~~
Not Re quired
x
Rowa tXthllngll. Agn
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Page 2 - Agenda Cover Memorandum
Cleveland Street Grant of License for Vehicular Parking
in exchange for conveyance of right-of-way
. The License would immediately tenninate if the Rowes sold or abandoned their current residence, or upon their death.
The City explicitly renounces any liability for use of the license premises by the Rowes. Additional tenns of the license
require that the City plant and maintain a row of trees outside the easterly limits of the license premises, and maintain
the premises as part of its normal schedule for the parent parcel.
. DocUmentary and recording fees will be paid through the City's fund for Paving Unpaved Streets, project 315-92258,
The available balance in this project is sufficient to provide funds associated with this transaction.
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PREPARED BY , RETURN TO:
Earl Barrett
Engineering Administration
City of Clearwater
P. O. Box 4748
Clearwater, Fl. 34618-4748
LICENSE AGREEMENT FOR VEHICULAR PARKING
This LICENSE AGREEMENT FOR VEHICULAR PARKING (hereinafter,
"Licerise"), is made and entered into this day of
, , 1996, between the CITY OF CLEARWATER, FLORIDA, a
Florida Municipal Corporation (hereinafter, "Licensor"), and
WILLIAM E. and MARILYN M. ROWE, husband & wife, of 3065 Cleveland
street, Clearwater, Florida 34619-4310 (hereinafter, "Licensee").
(Whenever used herein the term "Licensor" and "Licensee" shall include all of
the parties to this instrument and heirs, legal representatives and assigns of
individuals, and the successors and assigns of corporations)
WIT N E SSE T H:
1. Premises: In consideration of Licensee conveying title to
Licensor by Special Warranty Deed of real property described as
follows;
The northerly 20 feet of the East 75 feet of the West
386.05 feet of the North 110 feet of the South 1/2 of
the SE ~ of the NW ~ of the NW ~ of Section 16,
Township 29 South, Range 16 East, Pinellas County,
Florida,
Licensor hereby grants to Licensee and Licensee hereby accepts
from Licensor, an exclusive License to use the following
described premises:
That portion of the NorthWest ~ of Section 16, Township
29 South, Range 16 East, being more particularly
described as follows:
The West 20 feet of the South 90 feet of the following
described parcel:
The East 75 feet of the west 461.05 feet of the North
110 feet of the South ~ of the Southeast ~ of the
Northwest ~ of the Northwest ~ of Section 16, Township
29 South, Range 16 Eastr- Pinellas County, Florida.
Page 1 of 5
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2. Use: Licensee shall have the right and privilege to use
the above described premises for the purposes of parking
Licensee's vehicles, including, but not limited to, automobiles,
trailers and recreational vehicles, including a motor horne, if
owned by Licensee.
3. Term: This License is granted to Licensee and extends
indefinitely until such time as the occurrence of anyone of the
following events:
a. The Licensee conveys title to Licensee's residence
located at 3065 Cleveland street, Clearwater, Florida
34619-4310; or,
b. Licensee otherwise vacates the aforementioned property
as Licensee's residence; or,
c. Upon the license premises being abandoned by Licensee;
or,
d. Upon the death of Licensee
At such time as any of the aforementioned events occur,
all rights granted herein in favor of the Licensee shall
automatically extinguish and revert fully to the Licensor as if
this License had never been granted.
4. Liability/Indemnification: The Licensor will not accept
and explicitly renounces any liability of any nature for use of
the License Premises by the Licensee; and Licensee shall save and
hold harmless the Licensor, its successors and/or assigns, from
any and all liability arising from injury to person or property
during the term hereof; provided, however, that Licensor shall be
liable to Licensee for any injury to person or property upon the
License premises occasioned wholly or in part by any negligent
act or omission of the Licensor, its servants, agents or
employees, and provided, further, that the total amount to be
indemnified by the Licensor in any event under any circumstances
shall not exceed the statutory limits set forth in section
768.28, Florida statutes.
5. Other Conditions: Integral to the rights and privileges
herein granted, the parties further agree as follows:
Page 2 of 5
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a. The license premises shall remain unimproved and in its
natural state as of the date hereof, and no improvements shall be
permitted to be erected thereon during the term hereof, as more
specifically defined in Paragraph 3 above.
b. Licensee shall not store, use or dispose of any waste
products or hazardous materials in, on, or about the license
premises; and shall comply with all applicable governmental laws
with respect to the premises and their use and occupancy during the
term hereof.
c. Licensor shall plant, nurture and maintain trees deemed
suitable by Licensor easterly of and adjacent to the license
premises for the purposes of developing periodic reasonable shade
cover for the license premises.
d. Licensor shall regularly maintain the license premises as
part of its normal maintenance schedule of the parent parcel
wherein the license premises lie; but shall not be obligated to
restore grasses or otherwise improve the license premises during
the term hereof, or to mow'or otherwise maintain any area of the
premises lying beneath Licensee I s vehicle (s) if occupying the
premises at such times as normal maintenance measures are
scheduled.
6. Non-Assiqnability: All the rights and privileges herein
granted are solely and exclusively granted to the above named
Licensee, none of which may be assigned by Licensee to any other
party or entity. In the event of such assignment by Licensee, this
license shall automatically become null and void in all respects,
whereupon this license shall immediately terminate, and Licensee
shall vacate the license premises without further notice.
7. Entire Agreement and Bindinq Effect: This License and any
attached exhibits constitute the entire agreement between Licensor
and Licensee. No prior written or prior contemporaneous or
subsequent oral promises or representations shall bind the parties,
except by written instrument signed by both parties hereto.
s. Attornevs Fees: In the event that either party seeks to
enforce this agreement or to interpret any provision of this
agreement, by law or through attorneys-at-law, or under advice
therefrom, the parties agree that all costs, including reasonable
attorneys fees, be awarded to the prevailing party. Jurisdiction
for enforcement of this agreement shall be in Pinellas County,
Florida.
Page 3 of 5
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LICENSEE:
WILLIAM E. , MARILYN H. ROWE
Signed sealed and delivered
in the presence of:
0--- /.,.:.)..~, .<,,'1
WITNESS - ~
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William E. Rowe
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A'''-Jr-..J S i L '-:, DC'i~ F
Pri~Name . 0)-
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W'ITNESS
t:::mz-.t:, It I, /?-;:JP-;-~//'
Print Name
') .,'
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Maril n M.
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Rowe
STATE OF FLORIDA
COUNTY OF PINELLAS
.
.
.
.
The foregoing instrument was acknowledged before me this
day of c ~?iC:('?. _ ~ .1996 by william E. Rowe):..
. ::it </t'~~"'I/''' >" "
Notary publ~c - state of Flo~da
Type/print name: ;: ':../.._ ~
3/f
7T
rlllllIlNIIIIIIIIIIIJIIINHIIIIIIIIIIIIINlm'l<
l"'~ ~,,'-.... Earl W. Barren ~
. . ~<' NolVy Publk, SLlt~ of Florida (
: . ;.~J Commission No. CC 53 7063 ~
I 0, I\.~ My Commission bplres 05:26 00 (
: l..r.o."~TAJlY. Ft&.Nc~'$<ni:.&l\~Co, ~
.\'l'l'l....'1.............~...W:w,\......~\w....'1W........'1'1......{'1......\WW... .~
[ ] Personally Known
~roduced Identification
Type of Identification Produced ;:C...TO. i?O:>:'i .~/.r -, ') { - Yf/CI ~ 0
STATE OP PLORIDA
COUNTY OF PINELLAS
.
.
.
.
day
[ ] Personally Known
[~roduced Identification
Type of Identification Produced l~'t..,_P,t.. 1~}.rV ....;.,?; _ _~J -(,-<,;"-()
, '111111111111111I11I1111I""'"1111111111I11111I1. (
~.."" 'u~ Earl W. Barren (
. r" hj"fo NotaJy Public, Stale of Florida ~
. . '~l Commission No. CC 531063 (
0,1\.lj: My Commhsion ElCpi~ osm.'Ol) ~
· .ooIoo.),NOTMY. F1&. Noourr$;r.,:; J. !l.......1;P Co ~
'Vl"''1\\\\'"YI'I\\\"w~~Wl\''''~'''''\'''''W''1~'''W\~\~\''''''' ~
Page 5 of 5
IN WITNESS WHEREOP, Licensor and Licensee have executed this
. License as of the day and year first above written.
LICBHSOR:
CITY OF CLEARWATER, FLORIDA
Countersigned:
Rita Garvey
Mayor-Commissioner
By:
Elizabeth M. Deptula
City Manager
Attest:
John Carassas
Assistant city Attorney
cynthia E. Goudeau
city Clerk
STATE OP FLORIDA
COUNTY OF PINELLAS
.
.
.
.
BEFORE ME, the undersigned authority, personally appeared Rita
Garvey, Mayor-commissioner of the city of Clearwater, Florida, who
executed the foregoing instrument and acknowledged the execution
thereof to be her free act and deed for the use and purposes herein
set forth, and who is personally known to me.
WITNESS my hand and seal this
1996.
day of
,
Notary PUblic - state of .Florida
print/type name:
STATZ OF FLORIDA
. COUNTY OF PINBLLAS
.
.
.
.
I
I,
BEFORE ME, the undersigned authority, personally appeared
Elizabeth M. Deptula, city Manager of the city of Clearwater,
Florida, who executed the foregoing instrument and acknowledged the
execution thereof to be her free act and deed for the use and
purposes herein set forth, and who is personally known to me.
Notary Public - state of Florida
Print/type name:
Page 4 of 5
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15')(90'
UCENSE
PREMISES
22/32
CITY OF CLEARWATER. flORIDA
ENGINEERING DEPARTMENT
lIRAlN BY u...lt
nJf 05 1
OUKEO IN EASEMENT SKETCH FU:
EB CLEVELAND STREET 4A
DESlCHED 1'1'
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Prepared by and return to:
Earl Barrett
Engineering Administration
City of Clearwater
P. O. Bolt 4748
Clearwater, Fl. 34610-5750
CC(Q)~Y
'l'BIG SPECIAL W1t.nRANTY DEED
.,
Made this 3/1:!" day of 7?t:t, ' 1996 by
William E. Rowe and Marilyn M. Rowe, hUl!lband , wife
3065 Cleveland Street
Clearwate~, Florida 34619-4310
hereinafter called the Grantor, to the
City of Clearwater, Florida,
a Florida MUnicipal Corporation
~hose Post Office address is: P. o. Box 4748, Clearwater, Florida
34618-4748, hereinafter called the Grantee:
IWh.~..~ ~d hwr.!n th. t.~ '~anto~. and "qrantaw" !ncluda all thw partl.. to thla 1n.tr~nt wnd the
"'.1.a. l~l upr..,.,ntathw. and a..lqns or lPldl\1duah, WI\d tho .~ccWU"'t. .n~ a"~i"s or ce.pora! lonsl
WitneIJsath, that the grantor, for and in consideration of $10.00
and other valuable considerations, receipt whereof is hereby
acknowledged, hereby grants, bargains, sells, aliens, remises,
releases, con~eys and confirms unto the grantee, all that certain
parcel of real property situate in Pinellas County, Florida, viz:
A PARCEL OF LAND SITUATE IN PlNELLAS COUNTY, FLORIDA, BEING
MORE PARTICULARLY DESCRIBED AS THE NORTHERLY 20 FEET OF THE
FOLLOWING DESCRIBED PARCEL IDENTIFIED AS TAX 1.0. PARCEL
HI6-29-16-00000-220-2100:
THE EAST 75 FEET OF THE WEST 386.05 FEET OF THE NORTH 11 0
FEET OF THE SOUTH li OF THE SOUTHEAST 11 OF THE NORTHWEST \1
OF THE NORTHWEST \of OF SECTION 16, TOWNSHIP 29 SOUTH, .RANGE
16 EAST, PlNELlJ\S COUNTY, FLORIDA.
Together with all the tenements, hereditaments and appurtenances
thereto belonging or in anywise appertaining.
To Have and to Hold, the same in fee simple forever.
Subject to nondelinquent ad valorem taxes and current installments
of special assessments not yet due and payable, to highways,
rights-Of-way, miner,al reservations, licenses, easements and
restrictions of record generally, zoning ordinances and other
governmental limitations, or others which might be disclosed by an
accurate inspection and architectural survey.
And the said Grantor does speCifically ~arrant the title to said
land and will defend the same against the lawful claim of all
persons claiming by, through or under Grantor except ta~~s for the
year 1996 and subsequent, and subject to the matters hereinabove
mentioned.
')
,t'
Page 2 - Special Warraanty Oood
Grantor~ William E. 'Marilyn M. RoWQ
Grantea: City of Clearwater, Florida
In wi tnes. Whereof, the grantor has caused these presents to be
executed in its name," and its corporate seal to be hereunto
affixed, by its proper officers thereunto duly authorized, the day
and year first above written.
Signed, sealed and delivered
in the presence of~
~ ,'I: f
/ ; " ,
{,. iM{'UtkrL I
W am E. Rowe
/7 '.,
-1'ZU!..d~ c /t,r(<,...e'.
Maril M. Rowe
\i'(~~':l
W NESS
Print name ~ /t/ ~q
STATE OF FLORIDA
COUNTY OF PlNELLAS
BEFORE ME, the undersigned, personally appeared William E.
Rowe, who executed the foregoing instrument and acknowledged the
execution thereof to be his free act and deed for the Use and
purposes herein set forth.
WITNESS my hand and official seal this~~ay of ~~
1996. ."
~L/~:;'~v~-.
Not y public "
Print/type name: C~? 6::;--t~r
[ ] Personally Known
[vr Produced Identification
Type of Identification Produced Pi...J..- A RM, '7'~--,...i{ - cf.,tl{-c.1
!,WIIJINlllmmNmIIJNIIJNlIINIIIIIIININII
. ,"" '''~ Earl W, 1lIltc11 (
..~t.C1'o NoW)' PubU~. !ilIrr or F1orid1
. -;f'1.R COllWi1sioa tJa cc ~)106) .
Ilfp.~ 1011 Col'llmissioolz;rim0S/261X1 I
~ l..r.ll-I.\oOt.....r. no ""'" S-," _...Oe .
'.~"\)nl...\"":'.. ,..""....,..'....,\'""',....",'1'.."..,..,\ ~
STATE OF FLORIDA
COUNTY OF PINELLAS
BEFORE ME, the undersigned, personally appeared Marilyn M.
Rowe, who executed the foregoing instrument and acknowledged the
execution thereof to be her free act and deed for the use and
purposes herein set forth.
WITNESS my hand and official seal thiS~y of
1996.
-~~
"
~'HNNIIININmNINIIINIMlNIIIIIIIIIIIMI
~' Earl W.1IIm:tt
: to NolIty Pull&, s. oC florid. (
.... r if CaIlmiAioa NIl. CC ')106) (
.'''~~ M1Commbdoa!QnlOSl2MlO ~
. I-um.....r. ""-~.....'-Ioocc.. ~
[ ] Personally Known WM~~m~~~m~~~~~M~~mmm~
[~Produced Identification
Type of Identification Produced R" /;J.t.. ,<<-m, S..SY-j"-?5:-?-L)
Approved as to form and legal sufficiency:
John Carassas, Assistant City Attorney
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20' RfCHT-OI'-WAY
CCW'rF'fCD BY D,CD
22/27
13065 Cleveland St.
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CITY Of CLEARWATER, FLORIDA
ENGINEERING DEPARTMENT
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CLEVELAND STREET
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COMPOSITE LOCATOR MAP
DEPICTING EXCHANGE
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ROWE RESIDENCE
13065 Cleveland St.
15".90'
UCENSE
PRELCISES
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CITY OF CLEARWATER. FLORIDA
ENGINEERING DEPARlMENT
OR".... BY DAft
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CH(Q([O BY EASEMENT SKETCH mr:
(8 CLEVELAND STREET 30~'"
OC5I~~~~ BY 1 or 1
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Item #
CLEAR\V A TER CITY COMMISSION
t rJ '7 Agenda Cover Memorandum y.3
Meeting Date
V7 . \ ~ .q ,
SUDJECf: Kimberly Home License agreement for vehicular parking.
RECOMMENDATIONIMOTION: Approve a non-exclusive License Agreement For Vehicular Parking of
indetenninnte duration with The Kimberly Home, Inc., of Lots 1,2 and 3, Block D, BASSADENA
SUBDMSION, in consideration of maintaining the property and complying with aD of the covenants and
conditions therein, subject to tennination upon notice at any time, with estimated upenses of$350,
~ and that the appropriate officials be authorized to execute same.
SUMMARY:
. The Kimberly Home, Inc. ("Licensee") is a non-profit corporation offering pregnancy counseling services from recently
purchased offices at 1189 N. E. Cleveland Street. There is an occasional shortage of on-site parking during group
meetings.
. The City purchased the comer property adjacent to the Kimberly Home in 1995 to be used for future intersection
improvements at Drew Street and Missouri Avenue. Drivers routinely use the parcel as a shortcut between Missouri
Avenue and N. E. Cleveland Street.
. The non-exclusive license agreement provides for the City to install approximately 240 linear feet of perimeter bollards
as depicted in Exhibit UN' of the agreement. The bollards will be provided and installed by Parks and Recreation at a
cost not to exceed $350.00 that will be paid by Engineering.
. Following installation of the bollards, the Licensee will mow and maintain the property, be responsible for complying
with all applicable regulation regarding utilization of the license premises, and insure the City against public liability and
casualty loss as long as the license is effective, The Licensee will pay no other compensation for use of the license
premises. .
. The non-exclusive License Agreement may be terminated by the City at any time by providing written notice of
tennination to the Licensee.
. Costs associated with entering into this License Agreement will be funded through the Citywide Intersection
Improvements Fund, project 315-92551. The available balance in this project is sufficient to provide the funds required.
P\lrchulng
Englneoring
COlts: $350,00 ConunI.s3Ion Action
(C'\.rnn FY) $350.00 Approved
FW1ding~ Approved
w/lXlOllitions
~~. X
[)(nied
0pcra1ing
Cco'dto
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l\pprorriatilJl COOc( I) Attllchrnms:
.
x 315.92SSI.SJ0300.S4S..ooo Liomsc Agrecmcd
'R.vI.wad "by:
Lagal
OIiglMdng Dept.
. Budgat
U..r D.pt,
AI.k Mgmt.
Ad\lllrtllDd:
IS
Dille:
ACM
~
Pepor.
ENQ.
Not fllqulred:
OTHER
Aflllctlld pllrtie.
d" I1DtllIad
Subrrin.d By:
~ Oty Mllnage~~
Not Raqulntd
KimIxrly. Af}1
--.J
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LICENSE ~GREEMENT POR VEHICULAR PAR~INi
This LICENSE AGREEMENT FOR VEHICULAR PARKING (hereinafter,
"License"), 1s made and entered into this day of
, 1996, between the CITY OF CLEARWATER, FLORIDA, a
Florida Municipal Corporation (hereinafter, "Licensor"), and THE
KIMBERLY HOME, INC., a Florida corporation not-far-profit, of 1189
N.E. Cleveland Street, Clearwater, Florida 34625-5532 (hereinafter,
-1,1censee") .
(Whene.....r used herein the tem -Licensor- .nd -Licensee- shall includtl allot the
"arties to this instrument .nd heirs, legal representative. and assigns 01
individuals, and the Successor. and assigns or corporations)
. I T N B 8 B ~ Hz
1. fremises: In consideration of Licensee timely and fully
complying with the covenants and conditions herein contained,
Licensor does hereby grant to Licensee and Licensee hereby accepts
from Licensor, a non-exclusive License to utilize the following
described premises:
BASSADENA SUBDIVISION, Block D, Lots 1, 2 and J according
to the map or plat thereof as recorded in Plat Book 6,.
Page 26 of the Public Records of pinellas County, Florida.
2. Use: Licensee shall have the right and privilege to use the
above described premises for the purposes of erecting one (1)
business identification sign, and for providing intermittent and
occasional parking for vehicles, including, but not limited to,
automobiles and other personal vehicles owned and operated by
Licensee, its officers, employees, patrons and invitees.
3. . ~: This License is granted to Licensee and extends
indefinitely until such time as the occurance of anyone, or more,
of the following:
a. Licensee abandons its use of the license premises; or,
b. Material default by Licensee in the performance of any
of the terms, covenants or conditions of this License
agreement, and in the failure of Licensee to remedy, or
undertake to remedy, to Licensor's satisfaction such
default tor a period of thirty (30) days after receipt
of notice from Licensor to remedy same; or,
c. Receipt by Licensee of written notice from Licensor
that the premises are required for any other purpose
as shall be solely determined by Licensor.
At such time as any of the aforementioned events occur, all
rights granted herein in favor of the Licensee shall automatically
extinguish and the license premises shall revert fully to the
Licensor as if this License had never been granted. paqe 1 of .
" --
"
I'
4. ~iability/rndemnification: The Licensor will not accept and
explicitly renounces any liability of any nature for use of the
License Premises by the Licensee; and Licensee shall save and hold
harmless the Licensor, its successors and/or assigns, from any and
all liability arising from injury to person or property during the
term hereof; provided, however,' that Licensor shall be liable to
Licensee for any injury to person or property upon the License
premises occasioned wholly or in part by any negligent act or
omission of the Licensor, its servants, agents or employees, and
provided, further, that the total amount to be indemnified by the
Licensor in any event under any circumstances shall not exceed the
statutory limits set forth in Section 768.28, Florida statutes.
5. Insurance: Licensee shall procure and maintain during the
term of this license, Comprehensive General Liability Insurance
which shall provide:
a. Minimum coverage limits of $500,000 Per Occurance Combined
Single Limit for Bodily Injury Liability and Property Damage
Liability.
b. The city of Clearwater, as Licensor, shall be named as
additional insured.
c. The Policy shall provide coverage for any death, bodily
injury, personal injury or property damage that could arise
directly or indirectly from the performance of this license.
d. The insurance coverages and conditions afforded by this
policy shall not be suspended, voided, canceled 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.
e. Licensee's obligation to carry the insurance provided
herein may be brought within the coverage of a "blanket policy" of
insurance carried and maintained by Licensee; providing, however,
that the coverages afforded the Licensor shall not be reduced or
diminished or otherwise be different from that which would have
existed under a separate policy meeting all other requirements of
this license agreement.
f. Certificates of Insurance meeting the specific required
insurance provisions specified within this License Agreement shall
be forwarded to the city's Risk Management Office and approved
prior to possession of the license premises.
page 2 of 4
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6. other provisions: Integral to the rights and privileges
herein granted, the parties further agree as follows:
a. Licensee shall at all times maintain the premises in.
compliance with all applicable city of Clearwater codes.
b. Licensee shall be responsible for any and all maintenance
of the premises, and all expenses for utilities required in the
operations and maintenance of the license premises.
c. Licensee, at its expense, shall comply with all
applicable Federal, state and Local environmental laws, and shall
not allow the storage, use, disposal, or discharge by itself or
others, of any contaminants or hazardous materials on or about the
license premises.
d. If this 'license, or its operation, shall create any ad
valorem or other tax obligations, it shall be incumbent solely upon
Licensee to timely discharge same.
e. Following execution of this agreement Licensor, at its
expense, shall construct bollard fencing along the sidewalk
boundary of the license premises generally as depicted in EXHIBIT
"A" (License premises) attached hereto.
7. Notice: Any notice given by one party to the other in
connection with this License shall be sent by certified mail,
return receipt requested, with postage and fees prepaid:
If to the Licensor:
City Attorney
city of Clearwater
P. O. Box 4748
Clearwater, Fl. 34618-4748
If to the Licensee:
Executive Director
The Kimberly Home, Inc.
1189 N.E. Cleveland st.
Clearwater, Fl. 34615
8. puiet Enjovment: Upon observing and performing the
covenants, terms and conditions required by this license agreement,
the Licensee shall peaceably, and quietly hold and enjoy the license
premises for the indeterminate term as stipulated herein, without
hinderance or interruption by the Licensor.
Page 3 of 4
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9. Attorney Feas:ln the event either party hereto files an
action to enforce any covenant of this license, or for breach of
any covenant of this license, the. party adjudg~d to be the
defaulting party shall pay the reasonable attorney fees, as fixed
by the court, of the non defaulting party.
10. Entire Agreement: This License Agreement contains all of the
terms, conditions and covenants binding the parties hereto. There
shall be no other terms, conditions, covenants or understandings,
either written or oral, binding upon the parties unless expressed
herein in writing, or subsequently addended hereto by mutual
agreement of the parties.
IN WITNESS WHEREOF, the undersigned parties have hereunto
affixed their hands and seals the day and year first above written.
Countersigned:
CITY OF CLEARWATER, FLORIDA
Rita Garvey
Mayor-Commissioner
By:
Elizabeth M. Deptula
city Manager
Attest:
Signed, sealed and delivered
in the presence of:
I
cynthia E. Goudeau
city Clerk
THE KIMBERLY HOME, INC.
By:
pjf. D f2- 0 -r .J.I t.( J,!-f cJ ILJI
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Sl.gn,ature
A RT}/u;Z ;=:b/l/ko..u
print Name
Attest:
~1Jau1/;
M ry ralt, Secretary
Approved as to form and legal sufficiency:
John Carassas, Assistant City Attorney
page 4 of ..
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GRAPHIC SCALE
SCALEz )' = 40'
EXIllllIT "All
License Prenlises
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BOUNDARY SURVEY
" JOB NOt 60-90S,1I ~ 07~28'95
noleS 611 Rov,
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Item # 44
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e ('1 'K
Clearwater City Commission
Agenda Cover Memorandum
Lf~
Item II
Meeting Dote: ____
ry. J Er'cr~
SUBJECT:
Sludge hauling and disposal for the Water Pollution Control Division.
RECOMMENDATION/MOTION:
Renew the contract for sludge hauling and disposal with Davis Water & Waste
Industries, Inc., for the period of 8-1-96 through 7-31-97 for an estimated
amount of $306,699, in accordance with the renewal provision in the original
contract,
~ and that the appropriate officials be authorized to execute some.
SUMMARY:
· This contract provides the fallowing services:
- Transport liquid sludge from the East plant to the Northeast plant
at an exact price of $7.00 per 1000 gallons.
- Transport cake sludge from the Marshall st. plant to the Northeast
at an exact price of $3.75 per ton.
- Transport and disposal of the processed PFRP (Process to Further
Reduce Pathogens) at an exact price of $9.04 per ton.
· This renewal is the third year of an annually renewable three year
contract.
. Davis has submitted an offer to extend the current pricing from 8-1-96
through 7-31-97. This will be the third year that Davis has provided
these services without a cost increase.
. During the first two years, Davis has provided excellent service to the
city. Because of their high level of service, WPC staff recommends the
contract be extended for another year.
. The East plant does not have digestion, dewatering or PFRP bio-solids
processing capabilities. During the contract year, Davis will transport
approximately 3.459 million gallons of liquid sludge from the East to the
Northeast plant for further processing.
. Marshall does not have PFRP processing capabilities. During the contract
year, Davis will transport approximately 11,520 tons of cake sludge to the
Northeast plant for further processing.
Reviewed by: ori.;..tI"" 0",,, ~ Costs: S 306.699 commission Action:
Legal =i== Engineering/~PC Total 0 Approved
Budget .
Purchasing S 51.117 0 Approyed w/condltlons
Risk Hgmt. 'IA User Dcpt: ~ Current Fiscal Yr. 0 Denied
CIS N~ 0 Continued to:
ENG Fl.I1ding Source:
ACM ~', 11 0 Capi till 11l'fI.
Other N/A ~ operating
Advertised: AttDchlllCnts:
Dote: 0 Other Davis Letter
.r" Poper:
I- ~ Not Required
StbaUtcd by: Affected Parties 0 None
, Appropriation Code:
Clty~~ ~ Not I tied
- 421'01351-530300'535-000
0 Not Required
~
;'
"
': . ,~' .....
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- 2 -
. The Northeast bio-solids management facility treats all of the sludges
produced at the city's three treatment facilities. The treatment consists
of heat pasteurization and lime stabilization.
. In'total, approximately 26,400 tons of processed PFRP sludge will be
transported and disposed.
. Conditions of treatment and disposal are regulated by the Florida
Department of Environmental Protection and the U.s. Environmental
Protection Agency. The city's sludge management facility produces a final
product that meets the specifications of both regulatory agencies.
. The 1995-96 Engineering/WPC operating Budget includes sufficient funding
for-this contract through 9-30-96, funding subsequent to that will be
included in the department's 1996/97 Operating Budget request.
. "
,
(~
.. ,
- ~
~
"
.
MAY 01 '96 11:18AM DAVIS WATER WASTE INDUSTRIES
P.2/2
.Servlng the Wafsl Jndustl}' Since 1938"
Shlpplng Address: MoiUng Address:
2650 Tollevost ~oad p, O. Box 29
SClrO$Ota, FL 34243 Tollavo.1t. FL 3427Q-0029
941-355-2911
F~ 941.3~1~766
April 18, 1996
Mr. George McKibben
Purchasing Manager
City of Clearwater
P.O. Box 4748
Clearwater, FL 34618-4148
Be: COlltraet tor Hauling and Disposal or Wastewater Sludge
Bid fJ133~94
Dear Mr. McKibben;
As requested by Mr. Joe Reckenwald, this letter is to document Davis Water & Waste Industries)
Inc., offer to extend current pricing on the above referenced contract for the upcoming contract
year. 8/1196 through 7/31/97. Prices on all items. #1. #2 and #3 will remain the same during the
referenced period. All other Terms and Conditions will remain the same.
If you have any questions concerning this offer please feel free to contact me at your convenience
at 800-345..3982.
Sincerely,
DAVIS WATER & WASTE INDUSTRIES, INC.
, Process DivisioD
Jeff Jones
llesiduals Manager
CC: Mr. Joe Reckenwa1~ Supt., Water Pollution Control Division
tc
-(l.......... .' .". f~.III" iT. cu., '1...(, "
"
Jlcm #
CLEARWATER CITY COMMISSION
Agenda Cover Memorandum
~-s
Meeting Date
rr;. IR .90
SUBJECT: Magnolia Drive Dock Replacement (96-14)
RECOMMENDATION/MOTION: Award a contract for the Magnolia Drive Dock Replacement (96-14) to Seaway
Marine Contractors, Inc. of 51. Petersburg, Florida for the sum of $119,830.62 which is the lowest responsive bid
received in accordance with the plans and specifications,
IE] and that the appropriate officials be authorized to execute same.
SUMMARY:
. The purpose of this contract is to replace the Magnolia Street Dock which was destroyed in the storm of March
1993. The dock is to be replaced at the same location in the same general size and configuration as the original
structure. The only significant difference is that the approach dock to the roofed pavilion area was narrowed from
10 feet in width to 7 feet in width to assist in obtaining environmental permits.
. New and improved features of the proposed dock include: automatic security lighting beneath the roofed pavilion
section of the dock; ramped ADA access; PILE-GARD protected wood-pi/es which greatly extend the life of the
pilings; and a higher elevation of the deck in the pavilion area which will reduce opportunity for wave damage in non-
hurricane events.
. The deteriorated existing seawall across the right-of-way at the foot of the new dock is being replaced as a part of
the project.
. An alternate bid was included in the bid for the placement of a 6 foot chain link fence across the width of the
Magnolia Street right-of-way immediately behind the seawall replacement. The fence will be black vinyl coated to
reduce the visual impact. The fence will terminate at each end at existing 6 foot concrete block walls. The fence
includes a rolling gate at the dock entrance to allow access to the dock to be restricted during hours of darkness.
. Structural Engineering Design and construction plans were prepared by Post, Buckley, Schuh and Jernigan, Inc. at
a not to exceed cost of $25,668.00.
. This project will begin on or about Aug. 15, 1996 and be completed within 180 calendar days.
. The available balance in 315-93470-561300-541.000 (Bridges, Docks and Seawall Renewal and Replacement) is
sufficIent to provide funds for this contract. Reimbursement in the amount of $51,163 will be provided by FEMA as
a result of its inspection after the March 1993 storm. The Fire Marshall is currently pursuing additional monies from
FEMA since the cost has exceeded the original estimate.
RevIewed by: OrigInating Dept. () Costs: $119,830.62 CommissIon Acllon
Legol ~ Engineering Deportment I'l'i. --- [Current FYI x Approved
Budoot ~ User Dept. d Funding Source: Approved
w/conditions
Purchasing Copt. Imp. X
\ Denied
RIsk Momt. N/A AdvertIsed: Operating
Con!'d to
IS -((~ r Dote: 06105/96 end 06(11/96 Other
ACM Pl1per: St. Potersbum Times
ENG. I I /. Not roquired:
I (
OTHER Affected porties Approprllllion Cedels) Attechments:
R notifilld
'-v,
SubmItted By: 315.93470.561300.541.000 Bid tobulotion ond summory
City Manager Not Required )C
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M.1gnolia CIodi: Rsp!llcelrJC{l/AGN
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COPIES TO:
COMMISSIO(\1
\'\bL\O -\- Co/V1h
JUL 1 7 1996
PRf:.SS
CLERK I ATTORNEY
425 Lotus Path
Clearwater, FL 34616
July 17, 1996
Commissioner Ed Hooper
City of Clearwater
Box 4748,
Clearwater, FL 34618 - 4748
RE: Magnolia Street Dock - Scheduled Award of Construction
Contract
Dear Commissioner Hooper:
Tomorrow night, July 18th, the Commission is scheduled to
vote on awarding a construction contract for the rebuilding
of the Magnolia Street Dock which was destroyed by the storm
of the century in March 1993.
'As a Vice President of the Harbor Oaks Association as well as
a member of the Clearwater Marine Advisory Board. I have
worked diligently over the past 3 years to get the dock
rebuilt.
The Harbor Oaks neighborhood is overwhelmingly in favor of
having this historic dock, which was built around 1925,
rebuilt. The winter of 1994 I collected signatures from
the vast majority of the residents as I have done this past
week.
The dock is part of Clearwater's past and is much enjoyed by
everyone in the community. '
Tomorrow night I hope that you will vote in favor of granting
the contract to rebuild the dock.
oeM/dm
Martes
t" 0.. {"+ enS
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EN \\
CLEARWATER CITY COMMISSION
Agenda Cover Memorandum
Item #
L~~
Meeting Dale
7. I? ,q ?
SUBJECT: City Wide Fueling System Located at the Solid Waste Complex (96.17)
RECOMMENDA TIONIMOTION: Award a contract for the City Wide Fueling System located at the Solid Waste
Complex (96-17) to Nichols Industries, Inc. ofNiccviUe, F10rida for the sum of$I44,150.00 which is the lowest responsive bid
received in accordance with the plans and specifications,
[!] and that the appropriate officials be authorized to execute same.
SUMMARY:
· 1be City ofCIC3I\vater proposes to construct a new vehicle fueling facility at the Solid Waste Complex, 1701 Hercules Avenue,
Clearwater, Florida. This new fueling facility will replace the current fueling station located at the City Hall Annex, 10 South
Missouri Avenue. The City Hall Annex fueling facility is in non-compliance ,..ith current Florida Department of Enviromncntal
Protection regulations and will be demolished in the very ncar future.
· The proposed facility will consist of three (3) twelve thousand gallon, double-walled, underground fuel product storage tanks
including interstitial electronic leak detection devices and stage one vapor recovery system. The total capacity of petroleum product
storage will be thirty~ix thousand (36,000) gallons consisting of twelve thousand (12,000) gallons ofunlcaded gasoline and twenty-
four thousand (24,000) gallons of diesel fuel. The proposed fueling facility also includes an emergency generator to power thc fucl
dispensing system. fuel management system and security lights in the event of emcrgency operations. TIle proposed fueling facility
will be compatible with the proposed Fleet Maintenance fuel management system. This fuel management system will be installed by
Fleet Maintalance at a later date and under a separate contract.
· TIle site plan for the Solid Waste Facility has been recertified to reflect the addition of the fucl tanks and dispensing islands. TIlC
proposed site design and location minimize negative impact on the daily operations of the Solid Waste collection and recycling
activities. 'This site will provide a safe and convenient facility to fucl large trucks as alternativc commercial sites cannot safely
handle the larger trucks. Tax exempt fuel purchases can be handled in a more efficient and expedient manner than using commcrdal
sites. Fuel will be available to City vehicles in the event of an emergency by using the emergency generator to power the pumps.
. This project wiU begin on or about August 1 , 1996 and be completed within 90 calendar days.
. Funding ,Yitl be provided by the existing project, Fuel Site Enhancement (315-94220-561000-590-000) which has availablc funds of
SI?,296 as of June 26, 1996. Additional funding will be provided at third quarter with a transfer of $136,000 from the Capital
rovement Pro' Pollution Sto e Tank Rcmo lacement Fuel Station Fund, 96114.
RevIewed by: Orlglnotlng Dopt. eo.te: $144,150.00 Commlul'JO Action
Legol '7e-
B"dO" ~
Purchasing
. R'.. Mom'. .'A ~
, 15
Onto: 05/28196 And 06103196
(Curront FY) Approved
Funding Source: Approved
w/condltlons
Copt. Imp. X
Denied
Operating
Cont'd to
Other
User Dept.
Engineering Department
Advertll5od:
. ACM
!
: ENG.
I
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I
Papar: St. Plltorsburo Time!!
Not rllquirlld:
Alfoctod poulos
~ notified
,/..:)1 I
Appropriation Cade(s)
^ttachmonts:
, Submitted By:
I
: CjtyMonaarJf9~
ON. Sold W.. FIllIl S)lItemAGN
315-9422()'501ooo.690-ooo
Bid tooulatlon and summary
Not Requlrod
Locatio," Sketch
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JOB SITE
PROPOSED FUEL FARM
SOLIn WASTE COMPLEX
1701(, Hercules Ave.
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I LOGAN ST.
08-25-1994
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Clearwater City Commission
Agenda Cover Memorandum
Y7
Item #:
Meeting Dille:
~
SUBJECT:
INTERlOCAl AGREEMENT WITH LARGO AND ST. PETERS BURG
FOR SOLID WASTE BACK~UP SUPPORT
RECOMMENDATION/MOTION:
Approve an Interlocal Agreement with largo and St. Petersburg to provide back-up solid wasle support with
manpower and equipment as needed effective October 1, 1996; authorize the City Manager to extend the
agreement annually as appropriate
I!J and that the appropriate officials be authorized to execule same.
BACKGROUND:
· The Solid Waste Departments of the cities of Clearwater, Largo and S1. Petersburg have occasional
need for back-up support for their solid waste operations.
. The solid waste directors of the three cities discussed their needs for occasional support and mutually
agreed that a tripartite interlocal agreement would be useful and in the best interest of each of the
three cities.
· St. Petersburg being the largest city and possessing the most resources, offered to have their legal
department draft the agreement. The agreement has been reviewed by all three solid waste
departments and meets their collective needs.
. The agreement provides a means for the parties to support one another with staff and equipment, if
available, but imposes no obligation. Cooperation through the agreement reduces to some degree
the need to have more back-up vehicles and equipment.
. For Clearwater the agreement will be especially useful in emergency operations such as debris
clearance and in backing up the newly initiated roll-off program.
. largo and St. Petersburg have approved the agreement. It is in Clearwater's best interest to approve
the Agreement also.
Reviewed bYI Originating Department:
legal i":'. 'e.1:;';'5'~' :,::<:'-,',: '. SolldW~I(>:~, ",;~::
Budget i';J:'...."i'N/A',!..:I.',::.'; 'ff. m I 11 .
Purchasing : "N/A' User Department: ,
Risk Mgmt. ; Solid Waste '
~ .~.~.
ACM
Other i.
/
Cosu:
None
Total
Comm,155lon ActIon:
o Approved
o Approved with Conditions
o Denied
o Continued to:
Currenl fiscal Year
AdvertIsed:
Dalc:
(i!J'. Pilper:
. , lEI Not Required
Affected Partle5
o Notlfled
o Not Required
Funding Source:
(] Capllal lmprovel11t'nl:
o Operaling:
(] Olh~r:
Attachments:
Submitted by:
Appropriation Code
CltyM2r~ -
o None
Q Prlnled on recycled paper
r
"
I'
INTERLOCAL COOPERATION AGREEMENT
THIS AGREEMENT, made and entered Into this day of I 1996
by and among the, CITY OF ST. PETERSBURG, FLORIDA, a municipal corporation, hereinafter referred
to as liST. PETERSBURG" the CITY OF LARGO, a municipal corporation, hereinafter referred to as
llLARGO", and the CITY OF CLEARWATER, FLORIDA, a municipal corporation, herelnatler referred to
as II CLEARWATER 'I,
WIT N E SSE T H:
WHEREAS, ST. PETERSBURG, LARGO AND CLEARWATER (hereinafter collectively,
"the partIes") from time to time have need of certain additional equipment, and personnel to operate that
equipment, to accomplish the tasks required of their Sanitation Departments; and
WHEREAS, the parties from time to time have equipment available that they could make
available to the party needing addillonal equipment to assist that party In accomplishing its mission; and
WHEREAS, the parties are willing to cooperate under certain conditions and provisions.
NOW, THEREFORE, In consIderation of the covenants herein contained and other good
and valuable consideration. the parties mutually agree as follows:
1. Term. The term of this Agreement shall be for a period of o.ne (1) year
commencing on , 1996, and ending on ,1997. Said
Agreement may be extended for addltlonal one-year periods under the same terms and conditions set forth
herein, with written agreement and approval by each of the parties. .
2. Exhibit of EQuipment and Cost. Exhibit "A" contains a list of the equipment and
personnel and the costs associated therewith available to the parties under the terms and conditions of this
Agreement.
3. If one of the parties (Requesting Party) has a need for any of the equipment and/or
personnel listed under Exhibit MN, and requests that another party (Assisting Party) supply such equipment
,andlor personnel, and if the Assisting Party determines that it can make that equipment and/or personnel
available without affecting its ability to deliver services to the citizens of its own City, then the Assisting
Party shall make such equipment andlor personnel available to the Requesting Party pursuant to the terms
and conditions of this Agreement.
4. Hold Harmless. Subject to the limitations contained In Section 768.28 Florida
Statutes (1995), each party agrees, with respect to any suit or claim for damages resulting from any and
all acts, omissions or conduct of such party's employees, servants or agents to hold harmless, defend and
Indemnify the other partIes and their employees. Each party agrees to provide each other party with proof
of Insurance coverage or self-insurance In the amount set forth in Section 768.2,8, Florida Statues.
,.
s. Payment. The Requesting Party shall be Invoiced by the Assisting Party on a
monthly basis for all charges Incurred during the previous month. Payment to the Assisting Party shall be
due fifteen (15) days after the date of Invoice.
6. Maintenance of Equipment and Containers. The Requesting Party shall be
responsible for all damage to equipment Incurred while equipment Is begin loaned to It except for any
damage caused by the negligence of an Assisting Party's employee. Routine maintenance of equipment
shall be the responsibility of the Assisting Party except In the case of a long-term loan of equIpment, which
shall be defined as a loan of equipment lastIng more than seven (7) days. Routine maintenance of
equipment subject to a long-term loan will be the responsltJlIity of the Requesting Party.
7. Supervisory and Workers' Compensation Responsibllitv. Any employee
temporarily assigned by an Assisting Party to a Requesting Party shall remaIn under the general
supervision of the Assisting Party but task supervisIon shall be the responslbiHty of the RequestIng Party
through a designated employee of the requesting party. Any employee temporarily assigned by the
ASSisting Party to a Requesting Party shall remain an employee of the AssIsting Party and the Assisting
Party shall be responsible for all employee costs Including but not limited to workers' compensation.
8. Asshmment. The parties will not assIgn this Agreement and no Requesting Party
will sublet or loan the equipment without the written consent of the Assisting Party.
9. Termination. This Agreement shall remain In effect unless terminated by a party
as follows:
. a. Upon breach of this Agreement by a party, the non-breaching party Impacted by
the breach shall give written notIce to the other parties of termination of thIs Agreement, specifying the
claim breached and the action required to cure the breach. If the breaching party falls to cure the breach
within five (5) days from receipt of said notice, the Agreement shall terminate ten (10) days from receIpt
of the written notice;
b. Any party may termInate the Agreement by giving written notIce to the other party
that the Agreement shall terminate thirty (30) days form the receIpt of said notice by the other party.
10. Budgeting and Appropriation of Funds. The obllgations of any party as to any
funding required pursuant to Paragraphs 4 and 5 of this Agreement, shall be limited to an obligatIon in any
given fiscal year to budget, appropriate and pay from legally available funds, after monIes for essential Cily
services for that party have been budgeted and appropriated, sufficIent monIes for the funding that Is
required during that year. Notwithstanding the foregoing, no party shall be prohibited from pledgIng any
legally available non-ad valorem revenues for any obligatIons heretofore or hereafter incurred. which pledge
shall be prior and superior to any obligation of any party pursuant to this Agreement. '
11. HeadinQs. The headings of thIs Agreement are for convenience and reference
only and In no way deftne, limit, or describe the scope or intent of this Agreement or any part hereof, or
In any way affect the same, or construe any provision hereof.
2
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and
year first above written.
ATTEST:
CITY OF ST. PETERSBURG, FLORIDA
City Clerk ~ St. Petersburg
By:
Mayor
Approved as to form and content:
St. Petersburg City Attorney (designee)
ATTEST:
CITY OF CLEARWATER, FLORIDA
By:
City Clerk ~ Clearwater
Approved as to form and content:
Clearwater City Attorney
ATTEST:
CITY OF LARGO, FLORIDA
City Clerk ~ Largo
By:
Mayor
Approved as to form and content:
Largo City Attorney
3
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EXHIBIT" A"
EQuipment AndlOr Personnel
FEE
Roll.Off Contalner/Front.End LoadIng Containers
Placement Deliver Charge ............................................ $15.00
Return Pickup Charge .."....."............................ I . . . . ... + . . . . c. . .. . . .. .. $15.00
Rental Charge. . . . . . .. . . .. . . . .. .. . . . . .. '. . . .. , . . .. .. ... .. .. .. . . . . . . ... . . . . . . . . 1/24 Purchase
Cost/Month
Pull Fee ...,........'... I . . . . . .. . I . . .. .. . . . . . .. .. ... ... .. . . . .. .. ", iI . ... ... Fee Charged Customer
, by Clearwater
Disposal Fee. .. .. .. ... . .. . . . . . . . .. . . . . II ... . . . . . . .. ... .. ... ... . .. . . . . . . .. . . . . . . . . ... Actual Cost
Truck Rental
RolJ.Off . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. $120/day $2,488/Mo.
Fron't.End Loader ............... '. . . . . . . . . . . '. . . . . . . . . . . .. $120/day $2,488/Mo.
,
Automated ,...".,............ . .. .. " .,. .. . .. . . . . . . . . , . " . . II .. .. ~ . .. .... $120/day $2.48B/Mo.
Rear-End Loader. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. $120/day $2,488/Mo.
Tractor ............................................... $120/day $2,4BBlMo.
Truck Operator c...... . .. ... . . . .. . , I . . .. . . I . . I .. .. . . . . . . . .. . .. + + . .. . . . . . . .. $-'day.
Residential Containers
For Automated Pickup
90 gallon . .. . . . . . . .. II- .. It .. It . It .. . II .. . . It .. . II .. . . .. . .. .. II- . . . . .. .. . .. .. . . + .. .. . .. , ... $2.00/month
300 gallon , . . . .. II- .. II . , . , .. . .. . .. .. .. . .. . , . .. .. .. iI It -to .. . ... . . .. II- . II .. .. . . ,. . .. .. .. . . .. $6.50/month
Miscellaneous EquIpment
Payloaders ,.,.,.' 01 .. oil .. . .. It . II II- .. . II- Ii . . .. ,. .. .. .. . ~ . It II II .. .. II- . . .. . . . . .. . , .. . .. . . $48 per hour
Seml-traller , , . .. .. .. . .. II- .. .. . ... . . It . .. .. ,. .. . II- .. . . .. .. . . . . II- .. .. .. . . . . .. . . .. . .. .. .. .. " . .. $90 per day
Transporter Low Boy .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~ . . . . . . . . $60 per day
"1/2 day minimum
'I. '
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Sw3
Clearwater City Commission
Agenda Cover Memorandum
L/~ IIemN:
Meellng Dale: ~ ' 1 i .9 c:
SUBjECT:
PURCHASE OF gO-GALLON REFUSE CONTAINERS (BLACK BARRELS) AND SPARE PARTS
RECOMMENDA liON/MOTION:
E)(~.'\d contract for the purchase of approximately one thousand, six hundred (1,600) ninety gallon
refuse containers and miscellaneous spare parts to Rotonics Manufacturing, Inc., Bartow, FL., at an
estimated cost of $111,700 in accordance with Section 2.564 (1 )(d), Code of Ordinances (other
governmental entity),
lBl and lhallhe appropriale officials be authorized to execule same.
SUMMARY:
. The Solid Waste Department has on-going requirements to replace 90-gallon refuse containers (black
barrels) in its residential automated side-loading solid waste collection system. In addition, Solid
Waste has to provide the same container to new accounts initially being serviced by the City.
. There are approximately 26,800 black barrels in residential solid waste service in the fjeld.
. Container Maintenance personnel repair black barrels with various spare parts (wheels, lids, etc.)
whenever it is cost effective to extend their useful life. Rotonics Manufacturing, Inc. (RMI-F) spare
parts are the most interchangeable with our current spare parts inventory.
. The original contract with RMI-F for black barrels and spare parts was awarded in April, 1995.
. RMI-F has performed well under their contract with the City of Clearwater as well as the City of S1.
Petersburg whose bid we are piggybacking. Their containers have been durable, and RMI~F support
has been responsive.
. The Solid Waste Department believes it is in their best interest to continue purchasing its black barrels
and the related spare parts from RMI-F.
. The available balances in the Residential Container Acquisition capital improvement project is
sufficient to provide funds for this contract.
Rtviewed by:
legal," ,
Budget
PurchasIng
Risk Mgmt. :<"',
IS . '
ACM "
Other.
Originating Department:
Solid Waste Department '
~ .,)1. "'1.r.
User Department:
Cosls:
.'
$111.700
T01JI
$<10,000
Current f lsCJI
YeJr
Commission Action:
o Approved
o Approved with Conditions
o Denied
o Continued 10:
. ,
Submitted by:
Advertised:
Date:
~ ,Paper:
I tlD Not ReqUired
Funding Source:
IRI Capltallmprovemenl=
lJ OlK'rJllng:
lJ Olher:
Appropriallon Code
Attachments:
RMI.F letttr
51. Pel~rsburg Term Conlract
Chango Nallce
cl,ftfi
Affected Parties
31S-96427-56400o-S34-000
~
o Notlfled
IBl Not Required
o None
o Printed on recycled paper
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ROTONIc..&; MANUFACTURING INC. . nORIDA nJV.
2;\U DaMlIW Municipal AirpoM . Ibnow. FI. ;\.~K.~U
Phllne: (8 I..~) 5:H.1 i(.6 . FAX: (Ii 13) 53.HJ629
June 19, 1996
Mr. Robert Brumback
CrTY OF CLEAR\~ATER
Solid Waste Department
1701 N. Hercules Avenue
Clearwater, FL 34625
Hr. BrUmback,
RMI-F will extend the St. Petersburg Contract to the City of Cleartofater on
container contract number 883-56~92-4-1 to August 1997 per contract agreement.
\'le look for to fulfilling our cormrl. tment to you. If you have any questions,
, or I can be of further assistance to you, please feel free to call.
smce~Y.~
es J. ~
duct Manager
JJO/sp
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* . California * Idaho' * Colorndo * Texll5 * Wisconsin * illinois * Pcnnsyh'anla * Florida *
~miP,:.I-~'~"'.' ..:.'..M'.....'.\'
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ROTONICS MANUFACTURING INC. . flORIDA DlV.
2W nanllw Munlclp;ll Alrplln . Il;lnuw, R :Hl'I:\1I
Phnne: <IU:\) 'i.H.17M . I1.\X: (lil;\) 'i.H.(l629
City of CleroM4ater
Solid Waste Dept.
SPARE PARI'S PRICES
'21 3/4 Axle for 90 Gal. Cart - $1.83
Palnuts, wheel retainer
10" Wheels
.08
$4.35
* Caurornhl * Idaho *, Colol"'ddo * Tc"u." * Wisconsin *
n".~"'_'. ~ .., .."'~~.........~. 1...."'h~"..'II..,:i-"WfIIo...-....~_..-.........'''..
June 19, 1996
UUnuls *
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CITY OF ST. PETERSBURG
TERM CONTRACT CHANGE NOTICE
December 26, 1995
Chang. Notice No.: 1
To: ROTATIONAL MOLDING INC
230 BARTOW MUNICIPAL AIRPORT
BARTOW FL 33830
ATTN: Tom Murphins
Subjaot: Control Code:
Contract No.:
Proposal No.:
Commodity:
883-56-92-4
883-56-92-4-1
3353 dated 1/2/92
883-56 Container, Refuse
Please make the following changes to the above referenced contract:
ehaDga Prom:
Contraot period: 04/09/92 - 03/31/96
ChaDg. To:
Contract Period: 04/09/92 - 03/31/97
Chang. I"rom I
883-56-25007-1 63.27 EA
Container, refuse, crosslink polyethylene, Midnight Shower
black, with wheels and axles, 38 LB, 90 GA
883-56-25107-9 63.32 EA
Container, refuse, crosslink polyethylene, Sea Wolfe gray,
with wheels and axles, 38 LB, 90 GA
883-56-25207-7 69.82 EA
Container, refuse, crosslink polyethylene, San Marro Clay,
with wheels and axles, 38 LB, 90 GA
883-56-25307-5 69.82 EA
Container, refuse, crosslink polyethylene, Glen Heather
green, with wheels and axles, 38 LB, 90 GA
883-56-25407-3 68.32 EA
Container, refuse, crosslink polyethylene, Cafe Nair brown,
with wheels and axles, 38 LB, 90 GA
883-56-30007..4
Container, refuse, linear polyethylene, Midnight Shower
black, with wheels and axles, 38 LBt 90 GA
55.64 EA
P.O. BOX 2842 . ST. PETeRSBURG. FLORIDA 33731-0g02 . TELEPHONE (0'3) 803-71'1'
~,
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.... '
883-56, Containers, Refuse
Change Notice No. 1
Page 2
Chang. To:
883-56-25007-1 60.41 EA
Container, refuse, crosslink polyethylene, Midnight Shower
black, with wheels and axles, 38 LB, 90 GA
883-56-25107-9 65.46 EA
Container, refuse, crosslink polyethylene, Sea Wolfe gray,
with wheels and axles, 38 LB, 90 GA
883-56-25207-7 66.89 EA
Container, refuse, crosslink polyethylene, San Marro Clay,
with wheels and axles, 38 LB, 90 GA
883-56-25307-5 66.89 EA
Container, refuse, crosslink polyethylene, Glen Heather
green, with wheels and axles, 38 LB, 90 GA
883~S6-25407-3 65.46 EA
Container, refuse, crosslink polyethylene, Cafe Nair brown,
with wheels and axles, 38 LB, 90 GA
883-56-30007-4
Container, refuse, linear polyethylene, Midnight Shower
black, with wheels and axles, 38 LB, 90 GA
52.31 EA
SUlZllll.ary of Rev-i.ions:
To change contract period and revise pricing for all items in
accordance with the terms of the contract.
Any questions ~r problems that may arise regarding this' contract
should be directed to Minnie Killen, CPPB, Buyer, 813-893-7026.
~oore, CPPO, Director
Purchasing & Materials
Management
LM:jc
~1011;'~"!':i''''''~_''~'',. . '.' ..~ ..~......l~I......f."",~_'''~:I'1'''h'.''
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C,P0
Clearwater City Commission "LI q
Agenda Cover Memorandum r J
. . :~: '.
Item II: ,; .,., .. ,....
Meeting Date: :,: ':1:> i:'~,<f1~
. ,'d' . ".:". '.' ,:.,."..;' c.",
".': :....~ :', <:::
SUBJECT:
Public Education Facilities Siting Act - Ordinance
RECOMMENDA TfON/MOTION:
Receive the ordinance for amendment to the Clearwater Comprehensive Plan related to Public
Education Facilities and refer to the City Clerk for advertising.
o and that the appropriate officials be authorized to execute same.
SUMMARY:
On June 6, 1996, the City Commission directed staff to proceed with an amendment to the
Comprehensive Plan addressing Public Education Facilities in certain land use categories and to propose
that the School Board hold the requisite public hearings for school sitings.
. Attached is an ordinance for amendment to the Comprehensive Plan associated with Public Education
Facilities sitings as required by State Law;
Note: Staff will be bringing the related amendment to the Land Development Code and the Interlocal
Agreement to the City Commission in the near future. The State deadline is October 1, 1996 for the
adoption of the amendment to the Comprehensive Plan.
-R&Viewed by: Originating Department: Costs: CommissIon Action:
Legal lP-S Central Permitting $ N/A o Approved
Budget N1A C;?S Totlll o Approved w/Condltlonl
Purchasing N1A User Department: o Denied
Risk Mgmt. N1A Current Fiscal Yenr o Conr/nued to:
IS N/A Funding Source: $
- o Cllplllll
ACM ~fV
Improvemenl:
other Advertised: 0
Oper.tlng:
Date: 0 Attachments:
,tR} Paper: Oth.,:
Submitted by: 'e' UlJ Nor Required OrBit Ordinance
Cltv 3:e~ Affected Parties: Appropriation Code
0 Notlned o None
IRJ Not Requlr,.tt
-,.. ..-.... _ t.w. .t......
o Printed on rlcvded paper
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Tentative Schedule
f[ti~~I~lml!~lit~~t~:]~;l~~~;f~'l~~~~}~:j~~ i~~{~;~'l~:~)::::;~(~;:~~{;:';:t~.}:t;;:,::;/(~'t';r,~.t:: ,':;"i:',l.'~:~::};(:; (g~~~i.?f.:~~,~:~!.r,~(:;<:'~::Y:\;:'::::',:<':::~,::,:\:, "':: \";':,:.:
c c .. .
City Commission Receipt and Referral July 18, 1996
Planning and Zoning Board Public HearlnglRecommendatlon to August 20, 1996
the City Commission
City Commission Public Hearing/1'" Reading of the September 5, 1996
Ordinance
City Commission r ReadIng of the September 19, 1996
Ordinance/Adoption of the
Resolution to transmit to other
agencies
Plnellas Planning Council Public Hearing and October 1996
Recommendation to the CPA
Tampa ,Bay Regional Planning Consent Review November/December 1996
Council
CPA (Countywide Planning Public Hearing/Approval December 1996
Authority) ,
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i'
ORDINANCE NO. _
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA,AMENDING THE COMPREHENSIVE PLAN OF THE CITY,
INCLUDING MffiNDMENTS TO THE FUTURE LAND USE ELEMENT
AS REQUlRED BY FLORIDA STATUTE 163. RELATED TO THE
PUBLIC EDUCATION FACILITY SITING ACT~ PROVIDING AN
EFFECTIVE DATE.
WHEREAS, 1995 State Legislature passed CS/HB 1797 known as the Public Education Facility
Siting Act, which amended Florida Statutes 235,255, and 163~ and
WHEREAS, the City of Clearwater is required by the Public Facility Siting Act to amend it's
Comprehensive Plan by identitying land use categories in which public schools are an allowable use;
establishing goals. objectives, and policies by which school facilities will be reviewed for consistency with
the Comprehensive Plan; and adopting either the Chapter 235 review process or an alternative review
process for determining suitability of each proposed school site no later than October I, ] 996; and
WHEREAS, the City of Clearwater and the PinelJas County School District have met and
mutually agreed to the proposed goals, objectives. and policies and the alternative review process which
will be incorporated into a future interloca1 agreement~ and
WHEREAS. Section 163.3 ]84, Florida Statutes provides for amendment of adopted
Comprehensive Plans~ and
WHEREAS, the City of Clearwater's Planning and Zoning Board, in their capacity as Local
Planning Agcncy, held a public hearing August 20. ] 996, and recommended approval of these
amendments; and
WHEREAS, the City of Clearwatcr City Commission held a public hearing after due notice and
adopted these amendments to the Comprehensive Plan on September 19, 1996, after carefully
considering the written comments of the State Land Planning Agency and other written and oral
comments submitted by members of the public and governing agencies.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARW A TE~
FLORIDA:
Section 1. Purpose and Intent. This ordinance is adopted to cany out the purpose and intent of,
and to exercise the authority granted pursuant to, the Local Government Comprehensive Planning and
Land Development Regulation Act, and more generally to exercise the authority granted pursuant to the
Florida Constitution and the Charter of the City of Clearwater. The provisions of this ordinance and the
comprehcnsive plan amendments as adopted by this ordinance are declared to be the minimum
requirements necessary to accomplish the purpose) intent and objectives as set forth herein and in the
comprchensive plan as adoptcd on November 16. 1989.
Section 2, Amendments to the Adopted Plan. The amendments to the Comprehensive Plan of
the City ofClearwatcr, as set fonh in the attached exhibits A and B are hereby adopted.
Section 3. Severability. If any provision of this ordinance or of the comprchensive plan or
amendments as adopted by this ordinance should ever be adjudicated invalid for any reason, such
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provision shall be deemed severable from the remammg proVIsions of this ordinance and the
comprehensive plan and amendments to the extent that the remaining provisions may independently be
valid and enforceable. '
Section 4. Effective Date~ This ordinance shaH take effect immediately upon adoption.
PASSED ON FIRST READING
, PASSED ON SECOND AND
FINAL READING AND ADOPTED
'I
Rita GaNey,
Mayor-Commissioner
, Approved as to fonn and
, ,: legal sufficiency:
Attest:
Leslie Dougall-Sides, Asst. City Attorney
Cynthia E. Goudeau, City Clerk
ORDINANCE NO,
2
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EXHIBIT B TO ORDINANCE NO.
PROPOSED TEXT CHANGES TO THE CITY OF CLEARWA\ ~R COMPREHENSIVE PLAN
FUTURE LAND USE
August 1996
GoalS: To coordinate the location of new and expanded school siles nnd f.1cilities in order to ensure
compatibility and consistency with the City's Comprehensive Plan.
Obiective 5.1 Obiective - The Citv ShAll support efforts that facilitate coordination of planning
between the City and the School Board fOl'the location and develonment of nublic educational
facilities.
Policies
Policy 5.1.1 Public education facilities arc defined as elementary schools. special education
facilities. alternative education f.1cilities. middle schools. high schools. and arc..1 vocational-
technical schools of tile Pincllas County School District.
Policy 5.1.2 Public education f.1cilities of the Pincllas County School District arc an allowable
use within the follon;ng future land use categories:
Residential Estate
Residential Suburban
Residential Low
Residential Urban
Residential Low Medium
Residential Medium
Residential High
ResidentiaVOmcc Limited
Residential/Office General
Institutional
Policy 5.1.3. The location and constntction of new public educntion f.'1cilities. or the exnnnsion
of an existing site. within one of the future land use categories listed in Policv 5.1.2. shall onlv be
allowed upon n detennination by the City. following the requisite public hearin~s to be held bv
the School Board. that the proposed site is consistent with the City's comprehensive plan.
Policy 5.1.4. In addition to overall consistency with the City's comprehensive plan. the proposed
loc.1tion of a new or expanded public education facility of the Pincllas County School Dislrict
within one of the land use categories listed in Policy 5.1.2. shall be reviewcd and considered wilh
the following general criteria:
I. The proposed location is comnatible with present and proiected uscs of adiacent
proocrty rS.235.19(2)(a)1.
2. The site area of the proposed location is adeCllmte for ils inlended use based upon
lhe State Rcauirements for Educational Facilities and orovides sufficient area to
accommodate all needed utilities and support f.'1cililies and allows for adequale
buffering of surrounding land uses.
3. Based upon the 5-ycar Capital Improvemcnt Progrnnt of the Pinellns County School
District and the City's comprehensive plnn. there will be adequate public services
and t1cilities to suPPOrt the public school rs.234.193(2)1.
r.
~
-.--.------~--7--~ .....' .
4. There are no significant environmental constraints Ihal would precludc dcvelopmcnt of
public education fhcilitics on the sitc.
5. There will be no adverse imo:!cts on archaeological or historic sites listed in the
National Re~istcr of Historic Places or designmed by the Citv as locnlly significant
historic or archaeological resources.
I,
6. The proposed location is well drained and soils are suitnble for developmcnt or me
adaptable for develooment and outdoor education:!l purooses with drainage
improvements.
7. The proposed location is not in connict with the Countv's Stonnwater Mana~cmel1t Plan
and the City's adopted watershed mamll!cment plan. ifapplicnble.
8. The proposed location is not in a velocitv nood zone or a floodway.
9. The Droooscd location can nccommodate the required parking and anticipated queuing
of vehicles on~sile.
10, The proposed location lies outside the area regulated by section 333.03(3). F.S..
regarding the construction ofoublic educational facilities in the vici n it)' of an aimort.
Policy 5.1.5. The following criteria shall also be used to evaluate whether proposed loc:!tions of
soccific tvoes of schools are consistent with the City's comprehensive Dlan~
Elementary Schools. Soccinl Educntion Facilities. and Alternnti\'e Education Facilities
1. The oroPOsed location shall have direct access 10 mlellst llminor collector
f(md or ns othenvise approved by the City aner detennination of
acceptable traffic imoacts on adiacent roads oflesser classification.
2. Outdoor rccrentional fhciJities and similar support f.1cilities sh:!1I be locatcd
and buffered on the proposed site to minimize impacts on adiaccnt
proocrtics.
Middle Schools
1. TIle oroposed location shall have direct access to alleast a minor collector
road or as othenvisc appro\'ed by the City nner determination of acceptable
traffic imoacts on adiacent roads of lesser classification.
2. Outdoor recreational f.1cilities and similar support facilities shalt be located
and buffcred on the proposed site to minimize imoacts on adiacent
properties.
High Schools
1, The orooosed loc.1tion shall have direct access to "tleast a maior collector
road. or as othernise aooroved by the City aOer determination of
acccDtnble traffic imoacts on adiacent roads of lesscr c1nssificntion.
2, Stadiums. outdoor recreational facilities. and similar supt>Ort f.1cilities shall
be located and buffercd on the oroposcd site to minimize impncts on
adiacent oropertics.
, '. ~ ... ..'
-
r,
j'
. r ~
, . o' t" ,:,. c
Voc.1.ionnJ-TcchnicaJ Schools
~ The proposcd locntion shrill hrlve direct nccess to at Icnst a maior collcctor
road. or as othcrwise nporoved bv the City nOcr detcrmination of
acceptable tmffic impacts on lldiaccnt roads of lesser c1assitication.
2. Industrial cduclltion (hcilities shall be locatcd nnd buffcrcd on the proposcd
site to minimize impacts on adiacent properties.
Policy 5.1.6. ProPOscd locutions that arc less than the stnndnrd site acrc{lge as prcscribed in
the Florida Dcpartmcnt of Education State Roouircments of Educational Fncilities mnv be
detennincd to be consistent with the City'S comprehensive plan provided the requircments of
s.235.19(3). F.S. arc met and off-site hnoacts enn be ndequfltely mitilmted.
Policy 5.1.7. A dctermination that a proposcd new site or ndditiOlllll property is consistcnt
with the City's comprehensive plan mav be conditioned with reference 10 sDCcilic t)'pcs of public
educational f.1cililies.
Policy 5.1.8. At the time of consistency dctcnninntion. the City mav impose rcnsonnblc
conditions for developmcnt ortlle site as it relntes to any oCtile critcria in Policies 5.1.4. and
5.1.5. Conditions may not be imposed which conflict \\ilh those established in Chapter 235 or
the State Unifoml Building: Code. unlcss mutually a~recd. fs.235.193(6)1.
Policy 5.1.9. Before a sienificant chanee of program at n public cducntion facilitv is
implemented. the School Board and the City shnll rcquire a rcview of the facility's on-sile rind
, off-site impacts. The School Board and the City will work cooperatively to miti~atc on-site nnd
2ff-site impacts. including impacts to public facilities. identified through the rcview.
Policy 5.1.10. The City and the School Board shall annually coordinate in the developmcnt of
their resocctiye caDital improvement progrnll1s.
Policy 5.1.11. The oolicies in Obiectivc S.labovc arc assumed to be consistent with. and do
not nullify or connict "ith. the provisions of Chapler 235. F.S.
.. ....,:.I.;l"......
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"
.4 .
'I'
.
i:
WALTER POWNALL
SERVICE CENTER
1llll S. Belcher Road
largo, FL 3'lM3
(813) 5'11,3526 '
FAX (813) 5'17-7222
School Board of
PineUu County.
Florida
I:
Chairman
Andrea M. Thacker
VIce-chairman
Corinne Freeman
Lee Benjamin
Luelle O. Casey
Barbara]. Crockett
Susan Latvala
Unda S. Lerner
Superintendent
J. Howard Hinesley. Ed.D.
I
f
Plntllas Counly Schools Is
an tqual opportunity
. In5111ullonJorcdllcallon
and empl~ymtnt.
...
"
50
PINElLAS COUNTY
SCHOOLS
!f}0UE'U1O'C; dktftn;J c:/Iwaul rwinlU't
June 18t 1996
Kelly OBrien
Clearwater Gas
400 N. Myrtle Avenue
Clearwater, FL 34615
CLW GAS SYSTEM'
JUN 2 0 1996
RE: Executed Origina' Utility ~aintenance Easement
for Frontier Elementary
Dear Mr. OBrien:
Please find enclosed nn executed original copy of utility maintenance easement
for the purpose of maintaining a gas line on the north and west side of the
Frontier Elementary $chool.
q~N>>-
Richard A. Davis
. ~acilities SpecialistlReal Property Management
"
RD:1i com\Itr\Frorrtier Elem Utilily Easement 10 Clearwater OU
pilnltd 011 Rtc>,c1td paptr
. ,'" .
'.
"
UTILITY MAINTENANCE EASEMENT
THIS INDENTURE made this (d lit day of Ju.n ~ . 1996, between the SCHOOL
BOARD OF PINELLAS COUNTY, FLORIDA, party of the first part, and CLEARWATER GAS
INCORPORATED, party of the second part.
WITNESSETH, that the said party of the first part, for and in consideration of the covenants
contained herein and other good and valuable consideration, receipt of which is hereby acknowledged,
does hereby grant and release unto the said party of the second part, a utility maintenance easement ~nd
the right of reasonable access thereto for necessary maintenance of the below described property, lying
in the County of Pinellas, State of Florida, to wit:
SEE ATTACHED EXHIBIT "An FOR LEGAL DESCRIPTION
Restoration of the subject easement area will be completed, in a timely manner, at grantee's cost, to as
good or better condition as it existed immediately prior to any maintenance, repair, or construction,
including sodding all areas disturbed.
, IN WITNESS WHEREOF, the said party of the first part has hereunto set his hand and seal the
day and year first above written.
Signed, sealed and delivered in the presence of:
~1.4~7!,.,
Witness
lJeboro..h c;fe) (It!)r-fh
Print Name
301 Fburl~ <;.1; Sw
Address
lC(r50 FL 30/6'11
~~~
$'hi ;-/-e.r fh~n+5 Om ery
Print Name I
.3 /) I r; LI r 1-" JJ" ~ u." LOt ~ ~ bi t: L
Address
SCHOOL BOARD OF PINELLAS COUNTY.
FLORIDA: ~~
OJ~/)J~~
Chainnan JUN 1 2 1996
Af'1dretA. /11, Thacker
Print Name
30t Fourth St., SW. Largo, F134649
301 Fourth St., SW, Largo, FJ 34649
oard Attorney
The foregoing instrument was acknowledged before me this.!L day of ~ ,1996, who islare
personalty known to me or who has produced Florida Driver's License as "(Jentification and who did (did not) take
an oath.
NOTARY SEAL
,
NOTARy4~.1,J1~
Print NamcS"'It./-c./ ' r?'1crdJomt.ry
COMMISSION NUMBER: (
SHiRlEY e, MONTGOMERY
MY COfNISS1ON , CC38S969 EXPIRES
August 20. 1990
IOIaIl TIRI TIm fAJIlNSlJWa,lIC.
My Commission Expires:
(OrlN,UlUlIy EaKmclll
"
"
Leelll Descriotlon for Gas Line UtllJtv Easement
Easement to be granted over the northern most and western most 10 feet of the followIng
described parcel:
, lAND L\1NG IN .lliE SOUlH~ST 1/4 Of' lHE SOUTHEAST 1/4; AND lliE SOUTHEAST 1/4 Of'
11-IE SOU11-l~ST 1/4 OF SECllON 31, TOM-JSH1P 29 SOU 11-1, RANGE 16 EASTi AND lHE
NORlliEAST 1/4 Of ThE' NORTHWEST 1/4 OF SECllON 06, TOVINSHIP 30 SOU11-l, RANGE 16
EAST, PINElLAS COUNTY, flORIDA. MORE PARTICULARLY DESCRIBED AS fOlLOWS:
COt.4l.4ENCE AT THE NORlHEAST CORNER OF THE NORTHv.t.:ST 1/4 OF SAID SECllON 06:
lHENCE N89'07'01- W ALONG 1HE NORTH BOUNDARY Of SAID SECllON 06. A DISTANCE
OF 15.01 FEET FOR It POIN'T Of BEGINNING; THENCE 500'53'21- E ALONG lHE M:ST
BOUNDARY Of' A 30 FOOT ROAD DEOICAllON AND ITS NORTHERLY PRMCllON, 15.00
FEET M:STERLY OF AND PARALLEL TO ntE EAST BOUNDARY Of' lliE NORlHWEST 1/4
OF SAID SECllON 06, A DISTANCE or 29.56 FEET: THENCE NB7"11'13- W AlONG THE
EASTERLY PR~Cl1ON OF lHE 500lH RIGHT Of WAY BOUNDARY OF HOPEDAl.[ lANE.
AS SHOWl. ON lHE PLAT Of=' NE'M'ORf UN,T NO.2; RECORDED IN PLAT BOOK 57, PAGE
21 Of" THE PUBUC RECORDS Of' PINEllAS COUNTY, flORIDA. A DISTt\NCE: OF 15.03
fEET: THENCE N17,a'56- W AlONG THE EASTERLY BOUNDARY Of SAID ,UNIT NO.2. A
DISTANCE OF 63.90 FEET: lllENCE N36"09'55- E A DISTANCE Of' 36;53 FEET; lHENCE
N01--48'06- W A DISTANCE Of' 528.69 FEET; lHENCE N15'9'44- E A DISTANCE OF 71.604-
FEET; THENCE N29'39'29- E A DISTANCE OF 100.23 FEET; lHENCE N79'44'J5- E ^
DISTANCE OF 519.56 FEET. THENCE N01'48'06- W A DISTANCE Of 40.83 FEET: lHENCE
N88'1'54- E ALONG lHE SOUlH UNE Of LOT 4, BLOCK 34-A. AS SHO~ ON niE PLAT
OF lliE SAID UNIT NO. 2. A DISTANCE Of' 105.00 FEET: lHENCE S01-48'OO- E A DISTANCE
Of 882.15 FEET: lHENCE NB8"50'05- W ALONG THE NORTH BOUNDARY Of A 30 fOOT
ROAD DEDICATOR, 15.00 FEET NORlHERLY OF' AND PARAllEL TO lHE SOUTli
BOUNDARY Of 1HE SOU1HEAST 1/4 OF SAID SEC1l0N 31, A DISTANCE OF 66B.12 FEET TO
AN INlERSECllON WITH THE WEST BOUNDARY OF lHE SOUTHEAST 1/4 Of' SAID SECllON
31. THENCE N89'07'01. W 15.00 fEET NORlHERLY OF AND PARALlEL TO 1liE SOUTH
BOUNDARY Of THE SOUTHWEST 1/4 OF SECllON 31, A OlSTANCE Of' 15.02 FEET; THENCE
501'41'48- E 15.00 FEET ~STERLY Of AND PARAlLEL TO 'THE y,{ST BOUNDARY Of THE
SOUlHEAST 1/4 Of SAlD SEcnON 31, A DISTANCE Of 15.02 FEET TO THE POINT Of'
BEGINNING. AND CONTAINING 12.53 ACRES. MORE OR LEss.
r.
"
"
'Ibis Instrument prepared by
and RETURN TO: Jonathan James Damonte
P.O. 80)( 3226
Seminole, FL 33775
5}
Parcel ID 1118-29.16.80353.000-0040
EASEMENT
FOR AND IN CONSIDERATION oftbe sum of One Dollnr (S1.00) cash in hand paid to
SOUTH OA TE HOME OWNERS, INC.,n Floridn corpomtion not-for-profit, the receipt of which
is hereby acknowledged, and the benefits to be derived therefrom, SOUTH OATE HOME
OWNERS, INC., does hereby grant and convey to the CITY OF CLEAR WATER. FLORIDA, n
municipal corporation, an easement over, under, nnd neross the following described Innd, lying nnd
being situate in the County of Pincllns, Slale of Floridn, to wit:
A tcn (10) foot wide casement lying along the East property line of Lot 4, Sever Park,
according to the mnp or pInt thereof, as recorded in PIBt Book 90, Page 59, of the
Public Records of Pine lIas County, Florida, being more partjculnrly described as:
Begin at the Southeast comcr ofthc aforementioned Lot 4, thence N 880 57' 10" W,
along the South boundary line ofsnid Lot 4,10.00 feet; thence NOlo 03' 04" E,
10.00 feet West of and parolJel to the East boundlll)' line of said Lot 4.838.89 feet:
thence S 460 3T 13" E, 13.53 feet to the East boundary line ofsaid Lot 4; thence S
01003' 04" W, nlong the aforementioned East boundary line, 829.78 feet to the Point
ofBcgiMing.
The CITY OF CLEARWATER, FLORIDA, shall have the right to enter upon the above
described prtmises to construct, instnll. and maintain thcreon water lines for an emergency water
system. and to inspect nod niter sucb water lines and facilities IlS may become necesSDty from time
to time.
IN WITNESS WHEREOF, the party hereto bas caused these presents to be duly executed
by its r;;; officers thereunto authorized and its senl to be hereunto affixed, this ~ day of
~ ,1996. '
Signed, scaled and delivered in the presence of: SOUTH GATE HOME OWNERS, INC.
~4~ &~ O~,. J..,-nr2w~.u
/ ~ / . e
~ '() 152~ lis: T ~'itJ"-tll
/ '/
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing instrument was acknowledged before me this~ day of .:!LJ,.J e . 1996,
by Shea.. 11'(. n, ~\J{l.""~ ll! ie.u.SIJ(tlL of SOUTH GATE
HOME OWNERS, INC., a Florida corporation no!-for-profit, on behalf of said corporation. St.. {
is personally known to me or has produced ~lo~ Pr,u..t.,> Lll:.~-4t as identification.
(SEAL)
~ O. (S ..
Notary Publici 7l^-'
My commission expires:
Il'lHr.wIlIllllArLUI.uDlTlll'O
Q);rI; PEtER J.1lAZZINI
.1 ,Mt lXNIoISWN , ~ I:lJ'HS
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IMtlIllftj llIl7I"lII NlIJWG.IlC.
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LEGAL DESCRIPTION
. ,
Lot ~, SEVER PARK, according to the plat thereof as recorded in
Plat Book 90, page 59, Public Records of Pinellas County, Florida,
LESS AND EXCEPT that portion described as follows:
COlnmence at the southeast corner of Section 18, Township 29 South,
Range 16 East, Pinellas County, Florida: thence N 0~03'04" E.,
856.77 feet. along the east boundary of said section, 18, the
centerline of U.S. Highway No. 19 (State Road No. 55); thence N 8aO
56'56"W., 300.00 feet, to a point on the easterly boundary of Lot
4, Sever Park, as recorded in Plat Book 90. page 59 of the Public
Records of Pinellas County, Florida for a Point of Beginning;
thence S 0~03'04" W., 27.02 feet, along said easterl1 boundary;
thence N 46t' 37'13" W., 39.85 feet, to a point on the northerly
boundary of said Lot ~; thence S B9~19'03" E., 29.47 feet, ~lobg
said northerly boundary to tho Point of Beginning.
EXHIBIT "A"
. ...+_'tl.'_....~.,_ .....H..~........t.I'~.".'.....t...I.... "t.. iI......,.....,J.I. ......~..,.. ....,,,..+1 .... riot .... ..,..~.....t,"'. .._," 't....., .....~...,..... .
.o4I~~'"f......r''' .f..,.......... It..,..._....I......41~... t~I....1" ~I...J~~.. ...~'...n' ..:.~~...'.II"'. ~..,.t .........,,.......>....t....+............. .t.U.......I-~... 1.~~I..."'..hfl..II..""'..I...~...~. ...I~..t..... .I...~..I...".*..,.... '.' . .. . . ...... I ....
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EXHIBIT
WATBRHAIM BA8BHBHT
8outh9a~. Mobil. Bo.. Park, Inc.
city of Cl.arwat.r, plori4a
\
Lot
, ~
~S,
'S
S
4
~~
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CjO
10.00
EASEMENT
N88'57'10.W
10.00
~-_'('I ~- r --,--~- - - ---
546'37'13.[
1 J.!l3
L.J ~
, ,
pm 1!2~
a~ .,;~
610 ~E
Z lil
P.D.B.
____ S.E, Corner Lol 4
Nole: This Is Nol 0 Survey! I
bvd - 03-13-96 I
erou.dwQ I
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AFPIDA VIT OF NO LIENS
STATE OF FLORIDA
COUNTY OF PINEL LAS
BEFORE ME, the undersigned authority, personally appeared SHERLIE M, BURNS, who,
being first duly sworn, deposes and says:
1. That she is the Treasurer of SOUTH GATE HOME OWNERS, INe" a Florida
corporation not-for-profit, which is the owner of legal and equitable title to the real !,roperty
described in the attached Exhibit "A."
2. That said property is noW in the possession of the retord owner, subject only to the rights
oftennnts in possession.
3. That there has been no labor perfonned or mBterials furnished on said property for which
their arc unpaid bills for labor or materials ngainst said property,
4. That there are no liens or encumbrances of any nature nffccting the title to the property
hereinabove described, exeept for thai certain purchase money mortgage in favor of SEVER
CORPORATION, a Florida corpomtion, recorded in O.R. Book 6980. Page 1308, as modified in
O.R. Book 9327, Page 331, Public Records of Pine lias County, Florida.
S. SOUTH OA TE HOME OWNERS, INC" warrants that no notice bas been received for
nny public hearing regarding assessments for improvements by any government entity, nnd \hat there
are no unpnid IlSSCssmenls against the above-described property for improvements thereto by any
government entity, whether or not said assessments appear of record, except for that certain
Agreement for Standby Water Service Connection dated June 6, 1995, betwcen SOUTH GATE
HOME OWNERS, INC., nn~ TIm CITY OF CLEARWATER, FLORIDA.
6. That there are no outstanding sewer service charges or assessments payable to any
government entity, except current charges to TIlE CITY OF CLEAR WATER, FLORIDA.
7. That the representations embrnced herein are for the purpose of inducing THE CITY OF
CLEAR WATER. FLORIDA, it agents, successors and olSsigns to rely thel'ton.
/d'~ ,L!<4~~
~ 0 IJIJ~
/
Sworn to and subscribed before me this "1.0~ day of :!lJ""t. . 1996, by Sherlic M. Bums, as
Treasurer of SOUTH OA TE HOME OWNERS, INC., who is personnlly known to me or who hIlS
produced . ~LD(LiJQ,. 0 f\ ,,~"-\ llCC:-';l.! as identification.
p~ ~ () ~
Notary Public! I/'
My commission expires:
soum OA TE HOME OWNERS, INC.
B~~.u~"L' .If;, ~-U
Sherlie M, Ourns, Treasurer
'II '.\lI1NOIfII1IlAN:lfYI'OL WPt "
Q)~ ~ PEJEJI J. JIAZZIHI .
'j ,,," CQI.N.$SlCIt , Q;.I4W2 00ftS
. LlMI:II12,1M
~lIftJlI\7I'rl.llM>AUCL1I:.
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LHGAL DES~RIPTION
Lot 4, SEVER PAR~, ~ccoTdlng to the plat thereof as recorded in
Plat Book 90, page 59, Public Records of Pinellas County, Florida,
LESS AND EXCEPT that portion described as follows:
Commence at the southeast corner of Section 16, Township 29 South,
Range 16 East, Pinallas County, Florida; thence NOlo 03'04" E.,
856.11 feet, along the O<lst boundary of said section- la, the
centerline DC U.S. Highway No, 19 (State Road No. 55); thence N eSO
56'56"W., 300.00 feet, to a point on the easterly boundary of Lot.
4, Sever Park, as recorded in Plat Book 90, page 59 of the Public
Records of Pinellas County, Florida for a Point of Beginning;
thence S 01'- 03'04" W., 27.02 feet, along said easterly boundary;
thence N 461' 37' 13" W.. 39.65 feet, to a point on the northQrly
boundary of said Lot 4; thence S 89r19'03" E., 29.47 feet, along
said northerly boundary to the Point of Beginning.
EXHIBIT "A"
... .......u....I.....~........~..-ojt_.......... ...u.... 11~~...~ ... ...... i1. .... .. _ .... .........u ......IIr.... ......"'.... I, ....l' .' -to,.. .'. ..... ~... .. "'lIt.. ..... ~.......... ....1 ....... .......~.... 1""1" ... "..-'" ......~ ... ..,.. - .. .: '~.... :.::: ': .'
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EXIIIBIT
WATBRHAI. BASIUUWT
southqaq. Mobil. Bo.. park, Ina.
ci~y of Cl.arwater, Florida
sS-
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Lot
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4
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10.00
EASEMENT
NBB'57'10-W
10.00
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546'37'13-E
13,53
P.D.B.
..--- S,E. Corner Lol 4
Note: This Is Not Q Survey I
bvd - 03-13-96 .
erose 0"'9
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pre~.red by , return tOI
tar Barrett
tn9ineerlnq Ad~n15tr.tlon
City of Clearwater
P. O. Box 474e
Clearwater, Fl. 3(618-.148
59
EASEMENT
FOR AND IN CONSIDERATION of the sum of One Dollar ($1.00) cash in hand
paid to them, the receipt of which is hereby acknowledged, and the benefits
to be derived therefrom,
Willis C. Smith & Vicky Smith, his wife
1924 Union street
Clearwater, Fl. 34623-2249
do hereby grant and convey to the CITY OF CLEARWATER, FLORIDA, an easement
over, under and across the following described land, lying and being situate
in the County of Pinellas, state of Florida, to-wit:
A 10.0 foot easement lying 5.0 feet each side of the following
described line:
Commence at the southwest corner of Lot 12, OAK HEIGHTS PARK, as
recorded in Plat Book 70, Page 18 of the Public Records of Pinellas
County, Florida; thence N. OaD18'05" W., 126.00 feet; thence N. 17D
59'53" W., 6.03 feet to the Point Of Beginning; thence N. 88D50'06"
E., 69.58 feet to the Point Of Ending.
This easement is for sanitary sewer purposes.
The CITY OF CLEARWATER, FLORIDA, shall have'the right to enter upon the
above described premises and to construct, install and maintain thereon any
sanitary sewer facilities and to inspect and alter such sanitary sewer
facilities from time to time.
IN WITNESS WHEREOF, ~arty(s)
this ;;l 7 ~ day of
tt
Signed, sealed and delivered
in the presence of:
~ f A2A.->
WITNESS
8d'eer ~A-R.t'h<./..J
w~~~/
W 5S
.I3~/lL ~ ~11~l/:
witnes.' Print~ S gnnture
hereto have set their hand and seal
., 1996.
{).),;cf--P:: ,d.. ~.h7.1;~
Willis C. Snu.th
/.',.1. A~
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Page 2 - Sanitary Easement
. Grantor: Willis C. & Vicky Smith
Grantee: City of Clearwater, Fl.
RE: Lot 12, OAK HEIGHTS PARK
STATE OF FLORIDA
COUNTY OF PlNELLAS
fl~ The_ foregoing instrument was. acknowledged before me this ;2. 7!E day
~ ,1996 by Willis C. Smith, a married man.
(j
of
~~~~~
NOT Y PUBLIC - STATE OF FLORIDA
Type/Print Name e...9lu- No Z)97~r
'~'1lmllllmllllllmlllllllllllllllllllllllllllll.l(
. ' ..."Y'/l1. Ball W. BlUTelt (
:: ~l;;~~-.; NOlary Public, Scale of Florida ~
.-: ~W1.i ComminionNo,CC537063 (
:~: :"'tCff\.G My Commlssion Expires 05126100 ~
'~ l.aoo.).NOT,\Jl.Y. F1t,. Ncwy$tl'Yit:A BOI\>f.osCa, (
\..,..,..\..,')..,..,..,..,..,\...\..,'l......"......~'t.............w.,\...\'\'l.....\.."......';w........,~
( ) Personally Known
[vr Produced Identification
Type of Identification Produced pc.- D.L., #- SS30- gg3 w 33... 2'fP
STATE OF FLORIDA
COUNTY OF PlNELLAS
.
. .
.
.
. PI.:
Il The foregoing instrument was acknowledged before me this ~ 7 - day
of. . ~c- , 1996, by Vicky Smith, a married woman.
(/ ,
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NO Y PUBLIC - 5 TE OF FLORI~ 'l';r
Type/Print Name t!3/1~ ~ ~ .
. .
.1~mllllllmNIIIIIIIIIIIIIINlmNmllllml/. .
: I ~Y 'II#, Earl W. Barrett ~
': K~;S--.; NotaJ)'PubUc, Statco(Florida ~
"~"i C<<niniuioIlNo.CC537063 (
: I ~DIf\.l:l' My CommiuionF.llpiJa 05126100 ~
'. l..aoo.J.NOTAAY. rJ&.llo\uy Scnicc AIl<mdiDI Co. (
...w...')..,..,..,..,WI\')..,.,...~W~\,..,'1\.....,\~w..,............."..\\..,..,..,WI ~
[ J jersonally Known
[bt'Produced Identification
. Type of Identification Produced
FC-.
P.L.# s~3o w g-r;3. ~'1-F~?-cJ
--...~.(:~...t...'.th.,.l;t1._ :t#i::., ~>':~~~ 1,; ~ ;.rh5:f....~~~ Jr...~u~...'
-, :.._------------"'------
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10.0 F~Y SEWER EASEMENT
Grantor: Willis C; & Vicky Smith
Grantee: City of Clearwater, Florida
NOlE: This Is not a survey!
69,58'
r
NaB"SO'068E
in
a ....
"<<3~Lot12
DD'
S 8. Oak Heights
J. Park
p,a. 70 - P.18
,SW Cor Lot 11
"
10' 0;& OOEase
UNION STREET
1 reAL OESCRIPl]ON;
A 10.0 foot sanitary sewer easement lying 5.0' eoch aIde 0' the following described Hne:
Commence at the southwest comer of Lot 12, Oak Heights Park, as recorded In Plol Book
70, Page '8, of the Public Records of Plnelles County, Florida; thence N OB"8'05- W,
, 26.00 feet: thenc~ N 17'59'538 W, 6.03 feet, to the Point Of Beginning: thence
N 88'50'06- E, 69.5B teet. to the PoInt Of EndIng,
, 1l5a44.d_g
6/25/96
Navo
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AFFIDAVIT OF NO LIENS
STATE OF FLORIOA
COUNTY OF PINELtAS
BEFOP.E ME, the undersigned authority, personally appeared Willis C.
Smith and Vicky Smith, "his wife, whom, being first duly sworn, depose and
say:
1. That they are the owners of legal and equitable title to the
following described property in Pinellas County, Florida, to wit:
Lot 12, OAK HEIGHTS PARK, according to the map or plat thereof as
recorded in Plat Book 70, Page 18 of the Public Records of pinellas
County, Florida.
2. That said property is now in the possession of the record owner.
3. That there has been no labor performed or materials furnished on
said property for which there are unpaid bills for labor or materials against
said property, except: NONE
4. That there are no liens or encumbrances of any nature affecting the
title of the property hereinabove described, except: NONE, except easements
and restrictions of record,
5. That it is hereby warranted that no notice has. been received for any
public hearing regarding assessments for improvements by any government, and
it is hereby warranted that there are no unpaid assessments against the above
property for improvements thereto by any goverrunent, whether or not said
assessments appear of record.
6. That there is no outstanding sewer service charges or assessments
payable to any government.
7. That the -representations
inducing CITY OF CLEARWATER, its
thereon.
~~ ?klA~
~
.L?sC:R7 R ~e,e/MS
Witness' Prlnted Signa~re
w~~4f.~
embraced herein are for the purpose of
agents, successors and assigns to rely
&1-./1.:. (? · h-:;-~'ir
. Willis C. s~
w
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Page 2 - Affidavit Of No Liens
RE: SanItary Sewer Easement
Grantor: Willis C. & Vicky Smith
Grantee: City of Clearwater, Fl.
Sworn to and subscribed to before me this~7~ay of
. /;2. // ~A{~r-
NO~~IC - STA~ OF FLORIDA -k
Print/Type Name E~,?t/. 8~u~_
,
~~-
I' "
, 1996.
,111111111111111""11111111/"11/,'1111/1111111I1111 (
~: 'Il~"V 'It,, Earl W. Barrett ~
' .: .. n NoW)' Public, Stile of Florida :<
i ~-} i Commission No. CC 53 7063 ~
(' 0, f\\l My CommissloD Expires 0512610O ~
. I-I(IO.].NOTMY. FlL~St~fI,tIl~c;.,. (
[ ) Personal~y Kno";ffi. "'...\'>'h'>..........)...~..........'..'i.,'f......,...... ......,.......w~\\.. ~
" [tJ-"'Produced Identlflcation" "
Type of Identification Produced .ct.-, /) .L, po,S S S30 ,,'6["5 -!. 3- 2.'-/P" .4~
S5"Jo -g~-J'f -i'C.7
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10,0 EJ. SANiTARY SEWER EA~EMJM'iI
Grantor: Willis C, & Vicky Smith
Grantee: City of Clearwater, Florida
NOTE: This Is not a surve~
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g S. Oak Heights
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UNION STREET
LEGAL OESCRIP1l0N:
A 10.0 foot sanitary sewer casement lying 5.0' each sIde of the followIng described line:
Commence' at the southwest comer of Lot 12. Oak Heights Parle, as recorded In Plot Book
70, Poge 18. of the Public Records of Pinelles County, Florida: thence N 08"8'OS. W.
126.00 feet: thence N 17'59'53" W, 6.03 feet, to the Point Of Beginning: thence
N 88'SO'06" E. 69.58 faat. to the Point Of EndIng.
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OF TRANSPORTATION
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53
PD&B Department - MS 7-500
11201 N. McKinley Drive
Tampa, Florida 33612-6403
June 20, 1996
The Honorable Rita Garvey
City of Clearwater
Mayor
P.O. Box 4748
Clearwater, Florida 34618-4748
Attention: Richard Baier, City Engineer
RE: WPI: 7117181
SPN: 15220..1599
FAP: N/A
SR 60 Memorial Causeway Bridge PD&E Study
PineUas County
LETI'ER OF UNDERSTANDING (LOU)
Dear Mayor Garvey:
The Florida Department of Transportation, District Seven (hereinafter referenced as the
"Department") is submitting this Letter of Understanding "LOU" to the City of Clearwater
(hereinafter referenced as the .City") for the City's concurrence. The purpose of this LOU is to
define the responsibilities and commitments of the Department and City with respect to the SR
60, Memorial Causeway Bridge, Project Development & Environment (PD&E) Study (hereinafter
referred to as the .Project"). The Department is supportive of the City's efforts to conduct this
PD&B Study.
Responsibilities of the City:
1. The City shall designate a Project Engineer who shall be the representative of the
City for the Project.
2, The City will hire and manage the consultant, at its sole expense, for the duration
of the Project.
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lune 20, 1996
Page Two
3. The City shall ensure maintenance of traffic as required for the safety and
convenience of the public on all affected roadways, during the performance of any
work activity, throughout the Project.
4. The City shall apply for a special use permit (if necessary) which will be submitted
to the Department's Pinellas Maintenance Office, but only for those activities the
Department itself would be required to obtain such a pennit.
5. The City shall review and approve all consultant Project invoices.
6. The City shall ensure that the consultant satisfactorily addresses all comments
submitted by the Department.
7. The' City shall obtain a written opinion from the United States Coast Guard
(USCG) relating to whether Section 4 (f) of the United States Department of
Transportation (USD01) Act of Title 49, Section 1653 applies to the Project.
loint Responsibilities of the Department and the City:
1. The Department and the City shall review and mutually approve the Advance
Notification package for the Project.
2. The Department and City shall review and mutually approve the Traffic Counting
Plan prior to conducting counts for the Project.
3. The Department and City shall review and mutually approve the traffic data for
, the Project.
4. The Department with input from Ule City shall review and approve the Conceptual
Stage Relocation Plan (if required) for the Project.
S. The Department and City shall review and mutually approve the Public
Involvement Program Plan and all presentations, meeting formats, graphics,
scripts, news releases, and other products of the plan for the Project prior to their
public release.
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Mayor Garvey
June 20, 1996
Page Three
6. The Department and City shall review and mutually approve the Statement of
Public A vailibilty for the Project.
Responsibilities of the Department:
1. The Department shall designate a Project Engineer who shall be the representative
of the Department for the Project.
2. The Department shall provide to the City relevant information in its possession.
This may include previous correspondence, traffic Counts, planning information,
previous studies and existing right-{)f~way and utility information related to the
Project.
3. TIle Department shall make available future information which may come to the
Department and, in the opinion of the Department, is necessary to the prosecution
of the work.
4. The Department shall address all comments to the City for their information and/or
action.
5. The Department with input from the City shall review and approve the
recommendations for the proposed structures alternatives for the Project.
6. The Depa.rtmellt with input from the City shall review the final decision on which
alternatives are viable for the Project.
7. The Department with input from the City shall review and approve aU drafts of the
Preliminary Engineering. Report for the Project.
8. The Department with input from the City shall review and approve the Traffic,
Contamination Assessment, Wetlands, Biological Assessment, Cultural Resources
Assessment, Air and Noise Reports prior to the public hearing on the project.
9. The Department with input from the City shall review and approve all drafts of the
Environmental Document.
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Mayor Gravey
June 20, 1996
Page Four
10. The Department with input from the City shall review and approve the proposed
typical section for the Project.
11. The Department will assist the City in review of Project invoices at the City's
request.
12. The Department shall coordinate all Project activities with the appropriate Federal
Agency, if required by the Federal Agency.
13. The Department shall review and sign and the final Environmental Document,
Traffic Report, and Engineering Report for the Project prior to its submittal to the
appropriate Federal Agency for their approval.
If the tenns of this LOU are acceptable, please sign and date both copies of the attached City of
Clearwater Approval, and return one executed document to Kirk Bogen, P.E., Project Engineer.
Please contact Mr. Bogen at 975-6454 if you have further questions regarding the Project.
Sincerely, ~
Co..:). .) '4, Un. J!JC/",.
William H. McDaniel, Jr., P.E.
District Seven Secretary
App.roved ~ f~rm, Legality and Execution:
~~~Sr
Assistant District Counsel:
WHMIKRBIrs
cc: Kenneth Hartmann, FDOT
David Twiddy, FDOT
Catherine Toth, FDOT
Michael]. Coleman, FDOT
Kirk Bogen, FDOT
:7117111.06
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CITY OF CLEARWATER
LETTER OF UNDERSTANDING
APPROVAL
WPI: 7117181
SPN: 15220-1599
SR. 60 Memorial Causeway Bridge PD&E Study
Date:
Rita Garv
.ey,
. . Mayor
Date:
Elizabeth M.' Deptula
City Manager .
Approved to Form, Legality and Execution
JJ!=:t
Pamela A Akin
City Attorney .
Date:
Date:
Cynthia E. Goudeau
City Clerk
,
FROM CLERR~RTER CHRMBER
7. 9.199& 1<111<1
P. 2
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GREATER CLEARWATER
CHAMBER OF COMtv\ERCE
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June 26t 1Q96
Me. Betty Deptula
City Mongger
City or Clearwater
P,O. Sox 4746
Clearwater, FL 34618
Dear Betty:
our Chamber 18 again organizing the Morton Plant Hospital Bayslde Bridge Boogie and I
wsnt to thank {he Clly of Clearwaler for your past support of the event.
ThiS yeart In order to comply with FDOT.8 permit process. we need to forward to them
sealed minutes from the Commission approving the road cloBures for our races on Oclober
12, 4 8.m. to 12 p.m. These are the maximum hours the access roads and Bayslde Bridge,
from Drew. 51. to Roosevelt Blvd., will be closed,
We will be aura to follow all the processes within the clly's special eventa area to ensure
our races comply with your regulatlonst 8S we have done past three years.
Atlached Is a map showing the four access roads. As In the past we will accommodate
residents along the roadways and Clearwater police officers will be hIred for tramc control.
We are asking you to please have this Item reviewed and approved at the next available
commission meetlng. Last year the minutes were approved on the consent agenda. I em
available to speak at the commission meeting Ir you feel It Is neceseary. It you have any
quesUonst please coli me at 443-3281 or Lynn Wargo at the Chambert 461-0011, atd. 224
We appreciate your review of our request and response at your earliest opportunity so we
may proceed wIth our appllcatlon.
Thank you for your a99lstonoe.
Sincerely.
{J,~L
R, Cartton Ward
Chairman, Morton Plant Hospital Bayslde Bridge Boogie
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SUBJECT: Park Name For Bayshore Boulevard Property
RECOMMENDATION/MOTION: Adopt Resolution No. 96 - 49 which contains the Parks and
Recreation Board's recommendation to name the City park property located at 801 Bayshore Boulevard
"Cooper's Bayou Park"
IBJ and that the appropriate officials be authorized to execute same.
SUMMARY:
· The subject park property is Located at 801 Bayshore Boulevard as shown on the map attached to
Resolution 96 - 49. Its development as a passive park with water retention facilities is nearing
completion.
. Two "Proposals for Park Name" forms have been received and are attached. One was submitted by
Mr. Daniel Grimmer wherein the name "Cooper's Bayou Park" is recommended. The other was
submitted by Commissioner J.B. Johnson and the name "Urschel Park II is recommended.
. Resolution No. 94 - 12 specifies that the Parks and Recreation Board will conduct an
advertised public hearing to consider recommendations for park names at a regular meeting of the
Board. This public hearing was held by the Board on Monday, June 24, 1996.
. Based on information gathered at the hearing and on criteria contained in the Resolution, the Parks
and Recreation Board, by a vote of 3 to 2, recommends to the City Commission that the park
property be named uCooper's Bayou Park~.
COtIg:
~;~'~~~:~:~~:~~'H:::t);:~~N"'~ .~
Total
Comrnllllon Action:
o Approvlld
o Approvlld with ConditIons
o Oenllld
o Continued to:
r?{~.: ::~\rri~~~$lrt~t~::r:}t=rr
CUnont Raoal Voar
Ad....rt'-.d:
FundIng Source:
o Capital
ImprDvomant:
o
Oporltlog :
o
Othar;
~;~:Nl~~~m;ijJ:mi;~l1~~~;
Attaehm.nt.: 1) Bid
tllbul.tlon. and lumrnary
Submlttlld by:
~:Dv"'=r~:rJ' .~~":: ~"1.'~4'~':'-: '9" "9' 'b':;.':::F/,~,::;;:
:' d~ll,,/, ,l1no, " ,g,,::,, ':';.': ':,,':
~~~~:~~f~;~Hi~j~;f.:J~~~::;,~],\::J};::jj~
o Not RllqUlrlld
~~
City Mllnllger
-0 Printlld on rlloycllld pllper
-
Affoctlld Portlel
R Nollfilld
[J Not Requlrlld
Appropriation Cod. !lI{1~tVR,!~vf6itl~r?~;21:~,~:r
,L~H4~t<1.pq~, ,.!..;"Rt'lt'wJ1W!":t:~
5~
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I.
RESOLUTION
No, 96 - 49
A RESOLUTION OF THE CITY CO:M:MISSION OF THE CITY OF
CLEARWATER. FLORIDA; NAMING CITY PROPERTY SHOWN
ON THE ATIACHED MAP AND LOCATED AT 801 BAYSHORE
BLVD. AS ClCOOPER'S BAYOU PARK," PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City is the owner of real property located at 801 Bayshore Blvd.
which is being developed as a passive park with water retention facilities; and
\. .
WHEREAS, Del Oro Groves Homeowners Association, Inc. has requested that said
property be named the uCooper's Bayou Park," and
WHEREAS, the Parks and Recreation Board has recommended that the site be
named the "Cooper's Bayou ParJe," and
WHEREAS, the City Commission desires to formally name this site in accordance
with the criteria established in Resolution No. 94 - 12; now therefore,
BE IT RESOLVED BY THE CITY COM:MISSION OF TIlE
CITY OF CLEARWATER, FLORIDA:
Section 1. In accordance with the criteria previously established, the property located at
801 Bayshore Blvd. and shown on the attached map is hereby named "Cooper's Bayou Park."
~ection 2. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this
day of July 1996.
Rita Garvey, Mayor-Commissioner
Approved as to form and
. legal sufficiency:
Attest:
John Carassas, Asst. City Attorney
Cynthia E. Goudeau, City Clerk
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SAN JOSE STREET
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SAN PEDRO STREET ~2U-')3.4
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Parks Ind Recreltion Deplrtment
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Pk.ue Dote:
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pROPOSAL FOR PARK NAM~ ;~ :: NAY I ~ ;998
'r". P,,1eJ ..d R,cr,"';.. S..,d ~I nO< CDnsid.. ""I "9._ I. 'Ul1... ~~A; ~... ,... ,
--4 I: (Rcsohillon,'94:rij:.'.:, ':;,
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.
Proposal date:
1. What is the current common or unofficial name of the park or property to which this application rclers?
No
1. Location oClhe above pan: or property. &p~
3. RECOM..MENDED NAME: ~~ oS ;:ti3A Yo u ~.e..t:::..
,-
4. Would this new name refcr to the entire facility? ~ Yes 0 No
S. If )'ou answered 'NO' to the above qucstion, ptease explain which area or portion of the facility would be
affec1ed by this \'t?lmmended name: / /
if.t- A-
Name and tetephone numbl:r of the in~idual or organization recommending this action:
U..c..c..- oeo ~v,l.5 Itflf~~N~S . Phone: ?Ole:, -.5000
.
1. Reason for this request (attach additional information as needed):
,IN:$ -rv(1...{CA';-L I ~t; ,d..~ 1/-1 Cl.4-l.- ~~ eh\/'
~
Key consideratlons, please thed, if appropriate:
o The name rccogniz.es a member of tile City Commission or a city board.
o The name recogniz.es a person of local, state, or national prominence.
o The name recognizes a person or fam.ily wruch donated the property or fundi ng for the facility.
Jt The name ret'erenCX$ an adjaC(nt subdivision, geographical location, or streel
o The name is a memorial \0 a special citlzen or e....en,L
S. lta.s the local neighborhood wociatlon been rontactcd regarding this recommendation? ~ Yes 0 No
9. Is the associatioD in favor of this recommendation? ~Yes 0 No
10. Printed or t)-ped name of person completing this application: J),A'MII ~ (;.,e., n11'f1 ~
The above action is submincd for consideration to \lIe City of Clearwater PARKS AND RECREATION BOARD .
Signatun: or appllcanl Qr designee: . L/~ ~ ....((~~
. Date:
.s/9/9.b
, ,
A survey of homeowners living around the park nuy be required,
The Parks and Recreation Board ,,;n conduct an advertised public hearing for this recommendation at a
regular meeting of the Board.
sm Based upon criteria contained In Resotution 94-12 (attached), the Parks and Recreation Board shall
formulate a recorrunendatlon on the proposed name and forward their recommendation to the City
Comm1sslon for a final decision.
.
Onn .Igned ,nd .ubmit\.d, IhI. .ppli~.tlon bl(cmll .n oWel.t Chv of ctu,w.l.r doeum.nt .rod II lu~h II 10 be IIt.lnlod
by Ih. P.rkl ,rod R.c:r..tlon O,p'Nn.ntln ,ccold.nc. with S,.I. II~old. ,,'.ntlon guld,tinll. For lunMr Inlorm.tion
conl.cllh, DIr.ctor 01 PI"'" end R,cII.tlon. p, 0, 0011 4748, Ct..rwII", FL 3461 a.
(p.r\,:\.dtt.\wpfil"\1on~lr\.n,",..doo) Form , 1eOO~292. R.v 2/9&
','
City of Clearwater, Florida
Parks and R'Xreation Department
PROPOSAL FOR PARK NAME
Please no'e: UTile Parks and Recreation Board will not consider IIn)' r(!,/ucsts to rename IIn existing park."
(Rcsolmion # 94-12, Attached)
Proposal d.1te:
I.:ay 20 I 1996
1. What is the current common or unofficial name of the park or prorcrty to which titis application refers?
called Bayshore park
2. Location of the above park or property: N~YRhnrp nr; Vp F.~ ~t: n"f Dp 1 ()rn ('rmu~~ ~1l n-n; V
3. RECOMMENDED NAME:
Urschel Park
4. Will this new name refer to tlle entire facitily?
fi Yes
o No
S. lfyou answered 'NO' to the above question, please e:>'1l1ain which area or portion of.lhc facility would be affected by
titis recommended name:
6, Name and telephone number of the individual and/or organization recommending this action:
i ,
J. a. JOHN8CN A'f\D SEVERA L NEICHdOR.:Phone:
726-]S64
7. Reason for this request (attach additional information as nceded): rami Iy name of perRon !,,:p,ll ; nlJ
land
to the City. A] Rn she lived on premi Res severa 1 yea rs ba ck.
8. Has the local neighborhood hOmCO\\l1ers association been contacted regarding tilis recommendation? 0 Yes, EJ No
9. Is the association infavoroflhis recommenclation? (YOU may attach verification) don' t knoW] Yes, 0 No
Assoc. submitted another name ~HICH DOE~ ~OT FIT SU3JECT
10. Primed or typed name of person completing this application: J .: JOHt;S 01\ fnrmpr PrPR; n P.h t of
Del Oro HO Assoc. for 3 years.
The abov~ action is submitted for consideration to 111e City of Clearwater PARKS AND RECREATION BOARD.
Signature ofappUcant or designee:
,Dale: kay 21, 1996
m~~ A swvey of hOmCO\\l1crs livi · around tl\C park may be rcquired.
.:l.t' The Parks and Recreation Board "ill conduct an advertised public hearing for tllis recommendation at a rcgular
m~ting of tllC Board.
~ Based upon criteria contained in Resolution 94-12 (attached), the Parks and Recreation Board shall fonnulate a
recommendation on the proposed name and fornard their rcconunendaLion to the City Commission for a final
decision.
Once signed and submitted, this applicatioll bc..'Comcs an official City ofClcarwnter document nod as such is to be rclnined by the Parks
and Recreation Department in I1CCOrdnncc v.ith SllIte records retention guidelines, . For further infonnnlion contact the Director of Parks
Md Rccrcntion, P. O. DOl( 4748, Clcnrwll.lcr, FL 34618-'1748.
(putb:~tn\wpfiles\jon'plllknnmc.doc) Fonn N 1600-0292, Rev 2/96
-
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.
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and that the appropriate officials be authorized to execute same.
SUMMARY:
. The City of Clearwater has contributed cash, in-kind services, and grant dollars to the Clearwater
Bombers over the past years as outlined in the attached memorandum dated May 30, 1996.
. In a letter dated April 25, 1996, (attached) Mr. Bruce Kaufmann, Chairman of the Board of the
Clearwater Bombers, Inc., requests a grant payment of $2,407 from the City in recognition of the
Bombers raising $24,069 from the private sector.
. Mr. Kaufmann was informed that the previous 10: 1 matching grant program was approved by
the City Commission on May 18, 1995 and that it expired at the end of the 1994/95 fiscal year.
. The 1995/96 operating budget included a $10,000 flat contribution to the Bombers which was
conveyed on October 6, 1995. The current year's budget does not include funds for the
matching grant program. If approved, a budget amendment will be needed.
o Staff recommends denial of the Bombers' request to continue the matching grant program. The
reasons for this recommendation are outlined in the memorandum dated May 30, 1996,
Submitted by:
aLf-
cltlg?
Revlewod by: ~'(~"'~Nr~>"'~"v t:~Pl~~tln~J!~p~.~m~d{~j" "'".: ,.,qg~"t~"t:'~"'>~:':'N'W::': v....,. . ,..,..".... :.:.: ...... ",H'. ........:<
8~:~ . .~~~~lt:~~~~:; &U&.d!,~t!~t~p.n.ij~.~!~!~~. '\V' :",::;";': '~~i~~{:;j:Ji~.i~)~ri~!:~it;:.::W;;t:.:},'::::::::;;~;:;')::;(~'.;'.::: ..~~~~:..;::
Purchallng ~M$f';NIA::gr&s Usor Department: \ (S\hlMiiiiriium:Ari'nuaLCoet"o($.10;OQcf
Rllk Mgmt. ~1\W;gNJAW0W: [fiiI11I8(ik~:f."rR~9i;:~""":: ry,'.: L:C :::;y/;;.!t~Lt/{;,,;/:::;.'::::."; CUtr~nt ~ctIl'y"l!o('
IS 1t.M,~mfA';Mtn FundIng Source:
ACM n1:W1 w '-i.... .~W;,1 Cl C.p1lal
~h;' <:":' y. .... . :. Improv.nMln1:
Othu :q-i1W-:;N.U\1tWh Advertlud: Cl
~W~t~~~*::::t~~f~)'3h:':b;: Op.ratJng:
D~: 0
Oth. r:
i'lji~16~'44\~;~:,)~L>L~:~:;~:(/;,::r:~ :,0
Affected Partlos:
o Notlfl,d
o Not Required
Commission Action:
o Approlllld
o Approlled w/CondltlDnl
o Denied
o Continued to:
AppropriatIon Code
Attachments:
1WM.m~~attifMll ~ijbXf99fif
:0~t~ili;;Ir.fil{ijI~:~~~.
o Non'
o Printed on recycld pllp.'
PARKS\BDOWNS\RW\CITY
,
........
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I
Date:
May 30, 1996
To:
Elizabeth M. Deptula, City Manager
From:
Ream Wilson, Director, Parks and Recreation Departmen
RE:
Clearwater Bombers
Attached is a letter dated April 25, 1996, from Mr, Bruce Kaufmann, Chairman of the
Board of the Clearwater Bombers, Inc. This letter pertains to the grant program that was
in effect last year whereby the City contributed one dollar to the Bombers for ,every ten
dottars the Bombers raised from the private soctor. Mr. Kaufmann lists contributions of
$24,069 and requests the City's match of $2,407, In response. I informed Mr. Kaufmann
that the grant program was approved by the City Commission on May 18, 1995, and that
it was specifically for the fiscal year of 1994/95. This being the case, I advised him that
we have no authorization to consider donations or to convey dollars from our 1995/96
fiscal year budget. (Letter attached)
I'm advised that Mr. Kaufmann will be attending the City Commission meeting of
Thursday, June 6. 1996, to request additional funding for the Bombers. Regarding this
subject, the following chronology of City actions and contributions is provided for your
review and consideration.
The following information between February 19, 1981 and April 15, 1991 was gathered
from previous correspondence:
February 19, 1981 - The City Commission approved a Bomber request for free use of Jack
Russell Stadium. Prior to this time, the Bombers paid the City eleven cents for each
adult ticket and five cents for each child ticket as rent.
February 16, 1984 - The City Commission approved an amendment to the 'Clearwater
Bomber lease to give the Bombers a $10,000 subsidy. This same subsidy had been
given to the Bombers fer many years previously. but no legal instrument had been
formulated.
October 18, 1984 - The City Commission approved an agreement leasing Jack Russell
Stadium to the Philadelphia Phillies. This action led to the Clearwater Bombers
being relocated to a new Bomber Stadium to be constructed at Carpenter Field.
April, 1986 - A check in the amount of $30,000 was conveyed by the City to the Bombers
8S a one-time final subsidy. This included the normal $10,000 subsidy plus an
additional $20,000 to compensate the Bombers for loss of revenue they might have
experienced in moving away from Jack Russell Stadium. This additional subsidy
was approved by the Commission on the same date they leased the stadium to the
Phillies and it was the final payment of annual subsidies to the Bombers.
'" .
t'
Elizabeth M. Deptula
May 30, 1996
Page 2
May, 1985 - New Clearwater Bomber Stadium at Carpenter Field was completed within 8
capital improvement budget of $219,580.
May 6, 1985 - A new agreement was negotiated between the City and the Bombers for
the Bombers use of the new stadium. Basically, the City pays all operating and
maintenance costs and the Bombers have free use of the stadium and full revenue
rights.
June 12, 1985 - A letter of agreement was signed whereby the Bombers agreed to pay the
City $10,325 over a five-year period at $2.065 a year for the concession stand
portion of the new pre3S box/restroom building which had a total construction cost
of $73,943.
April 17 , 1986 - City Commission denied request from the Bombers for advertising signs to
be placed on the outfield fence of Bomber Stadium.
July 17, 1986 - As an alternative to advertising signs on the outfield fence, the City
Commission approved information boards to be placed at the stadium as requested
by the Bombers. Initially. this would consist of approximately 15 panels and each
would be sold to an advertiser for $500.
April 16, 1987 - The City Commission approved a Bomber request to refund two
concession room payments of $4.130 and to forgive the remaining loan balance of
$6,195. This action was in lieu of approving a Bomber request of April 2. 1987. to
sell beer at Bomber Stadium.
June, 1989 - City conveyed check of $10,000.
December 4, 1989 - The City Commission. at a work session, expressed no problems with
the Bombers' request to place advertising signs at Bomber Stadium. This serves as
a revenue source for the Bombers.
December 21, 1989 - The City Commission approved a $10.000 contribution to the
Bombers and a maximum of an additional $10,000 for softball clinics. A condition
was that students at the clinics would pay fees and City money would be used only
for those youngsters who couldn't afford the payments. The Bombers requested
only $600 from this program.
April 15, 1991 - City Commission approved giving Bombers $9,400 representing the
.unspent. balance from $10.000 that was reserved for clinics.
Note: Records of contributions are not available between the dates of April 15, 1991 and
October 27. 1993. However, during the fiscal year of 1991/92, a contribution of
$10,000 was budgeted. During the fiscal year of 1992/93, $10.000 was budgeted
and grants of $4.789.67 were conveyed.
October 27, 1993 ~ Grant contribution of $1,022.17 8S part of 10: 1 matching grant
program.
May 25, 1994 ~ City conveyed check of $10,000,
July 7, 1994 ~ Grant contribution of $3.620.
September 28, 1994 ~ Grant contribution of $2,686.
November 1, 1994 - City conveyed check in the amount of $10.000.
Mav 24. 1995. Grant contribution of $3,397.40.
~~_tl~.'!\~~':.:':"':"'. .".., ~ ~
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Elizabeth M. Deptula
May 30, 1996
Page 3
June 7, 1995 . Grant contribution of $2,545.80.
September 13, 1995 - Grant contribution of $3,917.36.
October 6, 1995 - City conveyed check in the amount of $10,000 to Bombers.
As you are aware, the Clearwater Bombers have been in operation for many years. They
began play at Jack Russell Stadium in 1955 and, prior to that date, used other City
facilities. The current agreement with the Bombers was entered into on March 12, 1993
and has 8 five-year term through March 12, 1998.
In addition to the dollar contributions listed above, the City also contributes considerable
in-kind services. Specifically, the Bombers have free use of Bomber Stadium and the Parks
and Recreation Department provides for all utilities and maintenance activities. The
Bombers have all revenue rights.
Regarding the Bombers current request for additional funding, I regret to recommend that
the request be denied. Our reasons are several and include the following:
,. Budgets are tight and departments are continually asked to reduce budgets to the
greatest extent possible.
2. The City has subsidized the Bombers generously over the years and it has always been
the Bombers hope to become .self-sustaining-. My feeling is that this time has come
and that the City's contribution should be limited to the in-kind services of providing the
stadium, maintenance and utilities.
3. The City has hundreds of softball teams participating in its programs. All of these
teams contribute in one manner or another to help defray costs. For example, teams
participating twice 8 we~k in this summer's program paid entry fees of $495 each plus
non.resident fees. Co-sponsored youth groups such as little League pay no entry fees,
but they do pay $10 for each non-resident participating in their program.
Again, I regret making the recommendation to deny the request for additional funding but
feel it to be in the best interest of the City. Also, in consideration of fees charged to other
City softball programs, I feel it is a fair action.
Please contact me if you have any questions or desire further information.
RMlbd
Attachment
I
PARKS\BDOWNS\RW\BOMBERS
'~:',! ,~~. .Ii'.~"; . .".~. .
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The Clearwater
~ .
TfN nME NAnONAL CHAMPION FAST PITCH SOFTBAll
APi? 29 1996
April 25 I 1996
City of Clearwater
% Ream Wilson .
Parks & Recreation Department
Clearwater; Florida 34617
Re: Matching Grant Money Request
Dear Mr. Wilson
I~ .
. ..... . ~
"''4:,.' .". '.,,=..~
t .. .,':::. l: 'r.'
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I hereby certify to the best of my knowledge and belief that the fonowing is a list of
private and corporate sponsorship contributions for the Clearwater Bombers from
September 1, 1995 to March 31. 1996.
Bradford's $
Rose & Crown
Paul's Radiator
Business & Family Ins.
GW Auto
Play It Again Sports
Joe Knows Autos .
Spy Glass Motel
Bardmoor Chiropractic Center
Sunshine' Motel
49th St. Pawn
Bill Koenig
Tip Top Pools
Aegean
Mahoney's Auto
. Energy Conservation of Dunedin
kiternational House of Pancakes
Mark Lee Roofing
Bay Planning
.
220.00
75.00
340.00
75.00
75.00
75.00
50,00
160.00
300.00
50.00
50.00
100.00
20.00
400.00
100.00
75.00
750,00
125.00
95.00
The World's Favorite Fostpifch Softball' Club
BOMBER HOTLINE 1~800-775~3447 . LOCAL 813~541-3447 · FAX 813-545~1944
/)011/1/('111'111/1'/'\: F"iflen' & SUlUI'dC/.\' Ni.t:/" - ,""11'/1 tll/"tlll~iI AIlt:1I \I (j,,,III'1/IIII',' ;';IJU I'm
";ames Helo ;Or 3amoer Stcdium . Old Caac~man Rood (North of Ore'lI Sf,) C:ec~woter
~
It
" ,
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< .~
I . ,: ,~ .
. r' ',' ~. "< ......._,
Robert Hall $
Gatlery of Travel
Trails De'AnUques
Trico Electric
Quality Mowers
AM Services
Data Retrieval
Renewal Romodelers
California Eatery
The Highlands
Gem Stones Systems
In Touch
Dean Co,
Carson's Florist
Genie Of Clearwater
Dr. Levine
Foot & Spine Center
Art Works
Ships & Trips
Frenchy's
Congo River Gulf
BW-3's
Herb Peterson
Add-a-Cube
Byron Seabrook
Clearwater Breakfast Sertoma Club
Petland
Tom Brown
K. L. Kaufmann
Kaufmann Law Office
Calvary Baptist Church
AI Estes
Trickles
TOTAL $
-- ~ -
60.00
4,000.00
75,00
60.00
75.00
75.00
197,00
100.00
125.00
75.00
75.00
75.00
125.00
75.00
195.00 '
75.00
225.00
100.00
125.00
125.00
125.00
1,000.00
125.00
125.00
100.00
500.00
125,00
422.00
4,000.00
7,500.00
125.00
500,00
250.00
24,0~9.00
~
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I hereby request the City of Clearwater- to provide $2.407.00 from the 10 to 1
matching grant moneys.
,
. State of Florida
. . County of Pinellas
Sworn to and subscribed before me this 25th day of Aprii, 1996 by Bruce G.
. Kaufmann, J.D., who is known to me.
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Profit & Loss Statement
1011/94 Through 9130195
2/21/95
~OMBERS-BOMBERStCLRW
Category Dac:rlpdon
,.
t'l d ~j.LAA~ {Ze :. S G'
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~ Page
10/1/94-
9/J0I9S
INCOMElEXPENSE
INCOME
Award
AWMY GllIDe
Buc,Bombers
C'eanvater
Coneelllon Inc:.
Corp. Sponsor
Fifty Fifty
Gate receipts
GolrTournament
HOLE sponsor
Kauf- Penonal
KaufinanD
LOIln
Memorial Toumy
Pen. donation
Radio Ad.
Raffle
Snack Bar
Souvenir Stand
Stadium Seat
Yearbook Ad
Income - Other
TOTAL INCOME
EXPENSES
.\dvertblng Esp
Bank:
bank ser fee
Overdraft fees
Total BKDk
Banquet
Bus. Insurance
Charity
Comm1.11 IOD
ConcusloDZ
Supplies
T. Shirts
Total Conc:enlon
Concession Exp.
Con<<ulon Sup
Equlpmenh
B.lb
Sport. Equip
...............! ~.', . ~ ~ ,.~," " . 4 ..
. \,~..,~.~...,..~.,~.
161.16
264.00
56.22
2t546.89
~
58.80
644.94
500,00
500.00
213.00
22t546.56
200.00
17t008.73
91.50
2t509.87
755.00
450,00
IOt099.61
17t195.63
4t500.00
175.00
300.00
450.00
80.00
200.00
967.73
50.00
3t090,OO
505.00
82,387.63
3.176.34
425.16
470.00
272.00
29.98
2,556.76
2t603.11
272.50
1,211.03
~
. .". I .' . .'.~~ ". ~ " ~ j "......~'....~..
..
.
.
2/21/95
SOMBERS-BOMBERS,CLRW
Category Dacrlptlon
~'
Profit & Loss Statement
10/1194 Through 9/30/95
Unlrorm.
Equipment - Other
Total Equipment
Gold Unlimited
Health Ins
Insurance:
car
Total Insurance
Legal expenses
Ughtnlng Game
MeaIJ &: EDtertn
NZ: . .
Air
Bu.. UtWtles:
Electric
pbone
Total Bu.. UtWtles
Espen'eI
Reot
TOTAL NZ
Ollke:
Omce Supplies
Total 0fI1c:e
Old BUll:
B~IUVE
Car
DODna Gakkl
Other
Old Bills - Other
Total Old BUb
Postage
PR:
PR Sen'lcet
printing
Program
Rlldlo Broadcast
Yearbook
TOTALPR
Rent on Equip
Road Trip Esp
Sales TIU
~~'it..~;?.,#'.'.l.':p~~'~~~:';':' :..........,.J'c. ..."._. .-
I)~~.l. .
,.
~
10/1/94-
913019S
3,672.10
28.19
4,404.03
27.40
147,00
500,89
500.89
670.71
-413.00
30.24
1,953,30
5~
Page
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..
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.,
2121/95 Profit & 'Loss Statement JttI;iP//~ ;50
'OMBERS~BOMBERS,CLRW ' 10/1194 Through 9/30/95
Category Deacrfpffon 10/1194. Pogt
Signs 9/30/95
Team Expensesl
Out of Town: 1,195.00
Auto
I, Hote 273.44
, Hotel coifs 2,383.91
Out of Town - Other 100.00
Tob" Out orTown 1,088.54
" I' Team ExpenselI ~ Other
3,845.89
Total Team Expenses 21,535.00
Travel
Tmy: 25.380,89
Air 1,772.00
Registrations
TRAVEL 4.566.13
360.00
Tollll Tmy 1,173,18
Trophlcs
Umpire fee 6.099.31
vllltlng teams 521.90
~lIb)'-com~1s 3.593.00
Expensell ~ Other " 1.000.00
TOTAL EXPENSES 1,300.00
466,00
TOTAL INCOMEIE 82.635,03
, XPENSE
.247.40
'j
P,
i'<:;.....:.; .;,.~.: :'.
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2121195
'OMBERS.BOMBERS,CLRW
.,' .
..
, . \ ,'"
I. .'
It
I
,','
Balance Sheet
As of9/3019S
Acct
ASSETS
,
Ca.h and Bank ACCOUDtI
BOMBERS,CLRW
Total Cub aDd Bank Accounts
TOTAL ASSETS
LIABD..ITJES & EQUITY
LJABD.JTIES
EQUITY
TOTAL LIABILITIES & EQUITY
. .
~s?
POSt
9/3019.5
Balance
179.49
179.49
, 179.49
0.00
179.49
179.49
,
.... _'__T
~
.or-----'~~-
CLEAR\VATER CITY COMMISSION
Agenda Cover Memorandum 5 '7
SUBJECT: Lnndmnrlt Drive Extension Contmct (96-4)
Itelll II
6rJ)
Meeting Date
'7, J<6.q(:
RECOMMENDATION/MOTION: Approve nw:U'd of the Landmurl{ Drive Extension Contract (96~4) to
MTM Contractors, Inc, of St. Petersbul'g, Florida, in the nmount or$I,056,130.80 being the lowest nnd most
responsive bid received in nccordnnce with plnns nnd specifications,
~ and that the appropriate officials be authorized to execute same.
SUMMARY:
· This project is the extension of Landmark Drive south of Enterprise Road to Marlo Blvd. The roadway will be a
standard three lane facility with curb at the intersection of Enterprise Road. After the roadway extension crosses over
Mullet Creek, the roadway will taper to a two lane section without curbs. Regulatory pennits require the construction
of a starmwater treatment area and a wetlands mitigation area, These two &1cilities will be placed on City property
adjacent to the east right-of-way of Landmark Drive and south of Mullet Creek.
· Determination for the cormection to the west end <of Marlo Blvd. has not been made and is pending the retum of ballots
which are being sent to each property owner within the Shady Oaks Farms Subdivision (aka Countryvillas South), No
. connection is being made to Saber Drive.
. When the Parks and Recreation Department establishes a location for an ent!)' road into Lake Chatauqua Park from the
Landmark Drive right-of..way consideration will be given to a change order to this contract for the further extension of
Landmark Drive to the entrance location.
. Project is expected to begin on August 15, 1996 and be completed within 180 calendar days,
· The available balance in Landmark Drive Extension ($859,920,80 Items 1-35 & 37-52) and Intersection Improvements
($196.210,00. Item 36) are sufficient to provide funds for this contract.
Reviewed by:
OrigInating Dept.
Costs: $1,056,130.80
CommissIon Action
Budget
(Current FYI X
Approved
Legal
Funding Source:
Approved
wlcondWons
Denied
Purchasing
Capt. Imp. X
Risk Momt,
NA
Advertlsod:
Opemting
Contend to
IS N/A
ACM -~~ r? J I -1..c.J
ENG.~
OTHER to'
Date: OS/29/96 and 06/05/96 Other
Paper: St. PetersburQ Times
Not required:
Affected parties Appropriation Cadets)
notiried
Attachments:
Bid Tabulation
Submitted By:
315.92145.563700.541-000
Not Required
NA
315-92655-563700-541-000
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July 18, 1996
. Dear Property Owner:
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On June 28, 1996, ballots were mailed to the property owners in the Marlo
Boulevard neighborhood asking for input regarding connecting Marlo Boulevard to
Landmark Drive.
Of the 105 ballots sent to the property owners, 90 were returned. Four
were declared invalid as they were not received or postmarked by the deadline.
The remaining 86 ballots were counted on July 16, 1996. You were asked to rank
your choices. First place received a full point, second place received 0,5 of a point
and third place received 0~333 of a point. Combining the rankings resulted in
Alternate A (no access to Landmark Drive) receiving the highest score.
The tabulation is as follows:
City of ClearWater
Landmark Drive Extention Ballots
Votes
Cast
1 47.00 19.00 1.00 2.00 5,00 12.00
2 9.50 12.50 1.00 4.00 6.50 5.50
3 4,67 3.33 4.67 2.67 3.00 1.67
..
61.17 34.83 6.67 8.67 14.50 19.17
'In order to assure the community is satisfied with the option chosen, the
situation will be revisited six months after the completion of Landmark Drive.
If you have any questions regarding the option chosen, please call the
Engineering Department at 562-4778.
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Item # 58
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CLEARWATER CITY COMMISSION
A I A d C M d 1::\:/ MCClingn3lCn. 10.9 I_
t:. J\J \ 'd-- gen a over emoran um ~ 0 . f d )C'
SUBJECf: Memorial Causeway Bridge Design Phase
(1) RECOMMENDAll0NIMOTlON: Commit the City to budget a maximum of $3.0 million for the design
of a new bridge to replace the existing Memorial Causeway Bridge at Clearwater Harbor, and
(2) Authorize City staff to negotiate with the Florida Department of Transportation (FOOT) and to
prepare a draft agreement which will allow the FOOT to reimburse the City for funds expended
for design and construction of a new bridge pursuant to House Bill No. 539, and
(3) Authorize the City Engineer to begin negotiations with HDR Engineering, Inc. to supplement the
existing professional services agreement with HOR Engineering, Inc. dated October 21, 1994,
~ and that the appropriate officials be authorized to e.xccutc same,
SUMMARY:
· The City is currently conducting a Project Development and Environment Study for replacement of the
Memorial Causeway Bridge. The next phase of the project which could commence within the next budget
year is design. Du'ring the last Florida Legislative Session a bill passed which allows the Florida
Department of Transportation to enter into agreements for reimbursement of local funds spent on the
State Highway System for projects not currently funded in the FOOT Five-Year Work Program. This
legislation limits the amount of total commitment by the FOOT at any time to $50 million.
. Staff recommends that the City take advantage of this opportunity now by authorizing the design funds in
the budget and authorizing City staff to negotiate an agreement with the FOOT for future reimbursement.
A commitment to budget monies for at least a phase of the new bridge is a prerequisite for consideration
by the FOOT. At this point the City would only commit to paying for the design of a bridge; the exact
location and type of bridge to be constructed will be determined as a result of the ongoing Project and
Development Study.
Continued:
nlllhwld by:
Legel ?e
Budget ~
Purchulng N/A
Com:
U,OOO,OOO,OO
CollYl'iadon Action
Ef'GlnMrin(I
lCulTOnt FYI
Approved
UHr Dept.
Funding SOUfCO:
Approll'lld
wlcondltlonl
Capt. Imp.
x
DIlI~d
Rllk Mgmt.
N/A
Ad...,u.ed:
Oporatbg
Cont'd to
IS NIA
:: tJf
alliER
Corte:
Othor
P_r:
Not requWed:
AtfoctDd partial
r.otilled
Appropriation Codelll
Attochment,:
: subcritted BYEbn.,l...~ L -tuJ.- /
, CIty MDIlallor -0 --r t6
316.92B20-6:JO:JOO.541-OO 0
Soctlon IX. Exltting HDR Agreement
upplemental Agree-
ent No. 2
Not Roqund
mom cBway brldge.agn
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Page 2 continued:.
Age'nda Item - Memorial Causeway Bridge Project Development and Environmental Study
, ,
· Soctlon IX of the existing agreement between the City and HDR Engineering includes provisions which will
'allow the city to negotiate with the Engineer to perform final design services. The specific scope of
,services, schedule, and fee shall be negotiated at the time the City begins design.
Funding in the amount of $1,376,490 is available in Capital Improvement Project 315-92820, Memorial
Causeway Bridge Replacement. Funding'in amount of $1,700,000 is included In the City Manager's
recommended budget effective October 1, 1996, providing funding of a total of $3,076,490 for this' project.
.....
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SR 60 MEMORIAL CAUSEWAY BRIDGE
REPLACEMENT STUDY
CITY OF CLEARWTER
SUPPLEMENTAL AGREEMENT NO.2
THIS SUPPLEMENTAL AGREEMENT, made and entered into this
day of , 1996, by and between the CITY OF CLEARWATER,
and incorporated area in Pinellas County, Florida, hereinafter called the CITY,
and HDR ENGINEERING, INC., 5100 West Kennedy Boulevard, Tampa, Florida
33609, hereinafter called the ENGINEER.
WITNESSETH:
WHEREAS, the CllY and the ENGINEER heretofore on October 21,
1994, entered into the original AGREEMENT and on December 20, 1995
entered into SUPPLEMENTAL AGREEMENT NO.1, whereby the CITY retained
the ENGINEER to furnish certain services in connection with SR 60 Memorial
Causeway Bridge Replacement F~asibility Study:; and
WHEREAS, Section IX. Additional Engineering Services, and Paragraph
1.8 of Exhibit UB" of the original AGREEMENT provided a mechanism for the
ENGINEER to provide additional services as authorized by the CITY; and
WHEREAS, the CITY has determined it necessary for the ENGINEER to
perform final design services for a new bridge, and that the ENGINEER be
granted an extension of time and increased compensation as described below;
NOW THEREPORE, this Agreement witnesseth that for and in
consideration of the mutual benefits to flow each to the other, the parties agree
that the ENGINEER shall perform the final design services as added in Exhibit
A-2, attached hereto and made a part hereof, and that the ENGINEER shan
receive for his services hereunder the increased maximum amount of Three
Million Dollars ($3,000,000).
Except as hereby modified, amended, or changed, all of the terms,
conditions, billing procedures, and other administrative procedures of said
Agreement and any supplements and amendments thereto shalJ remain In full
force and effect.
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. (Signature Page for Supplemental Ag'reement No.2 between the City of
Clearwater and HDR Englneeringl Inc.)
. IN WITNESS WHEREOF. the parties hereto have caused these presents
to be executed. the day and year first above written.
Countersigned:
CITY OF CLEARWATER, FLORIDA
Rita Garvey
Mayor~Commissioner ,
By:
Elizabeth M. Deptula
City Manager
Approved as to form and
legal sufficiency:
Attest:
Cynthia E. Goudeau
City Clerk
John Carassas
" Assistant City Attorney
ATTEST:
HDR ENGINEERINGl INC. .
By
Authorized Signature
Name
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Title:
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EXHIBIT A-2
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(Exhibit for Specific Scope of Services, Schedule and Fee)
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Jul-06-96 09:41P
P.02
i\iIEMORIAL CAlJSEW A Y BRIDGE
AGREEl\tIENT
BETWEEN CITY AND ENGINEER.
FOR
PROFESSIONAL SERVICES
~f!:""" REeavtD
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THrs AGREEMENT, made and entered into this .;21 t" day of Q..J..I.....1994. by and between
the CitY of Clearwater, Florida. hereinafter referred to as me CITY. and HDR Engineering,
Inc.. a corporation licensed and authorized to do business in Florida, hereinafter referred to as
the ENGINEER.
\VITNESSETH:
WHEREAS, the CITY proposes to do certain work related to the Memorial Causeway Bridge
as described in EXHIBIT A; and
WHEREAS, the CITY desires to engage the ENGINEER to perform certain professional
sel'Vices peronent 10 such work in accordance with this Agreement; and
WHEREAS, the ENGINEER desires to provide such professional services in accordance with
this Agreement.
NOW THEREFORE, in consideration of the premises and the mutual benefitS which will
accrue to the panies hereto in carrying out the terms of this Agreement, it is mutually
understood and agreed as follows:
I. GENERAL SCOPE OF THIS AGREEl'vfENT
The relationship of the ENGINEER to me CITY will be that of a professional
consultant, and lhe ENGINEER will provide the professional and technical 5er.'ices required
under this Agreement in accordance with acceptable engineering and planning practices and
ethical standards.
n, rROFESSrONAL AND TECHNICAL SERvr~
It sball be the responsibility of the ENGINEER to work with the CITY and apprise it
of solutions to engineering, planning and design problems and the approach or teChniques to be
used towards accomplishment of the CITY'S objectives as set forth in EXHIBIT A. The scope
of services to be provided to accomplish the CITY'S objectives is set tonh in EXHIBIT A.
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m. PERIOD OF SERVICE
A. The ENGINEER will beam work promptly after receipt of. fully executed copy of
thiI Agreement .nd shall complete the work within six moolhs; sucb receipt shall
constltutc wrlneo DOrice to proceed.
B. )f (be ENGINEER'S servlcel calJed for under thJs Agreement are delayed for
reasons be:yotd the ENGlNEER.S comrol. the time ofpcrformance shall be adjusted
approptlltely .
C. The &erVices cllled for uudc:r this Agte(:1l1C11t shall be for a Feasibility Study u
described In Exhibit "A" .
D. Additional $CtViees may be added in IlCCOrdancc with Section IX oCthls,Agrcement.
IV. G~RAI. CONSIDERATIONS
A. All original sketcbd, tracings. dnwlniS. computations, details, design calculatioM
and other doc:uments and plans that re!ult from the ENGINEER"S services undtr this
Agreement are U1d remain the property of the CITY.
B. The CITY may' at 00 additional COst obtain a set of reproducible copies of auy map!.
and/or drawings prepared for it by the ENGINEER in con..ideration of which the
CITY agrees that DO additions, deletions, changes or revisions shall be made fO same
without the CXprC3S written approval of the ENGINEER.
c. Notwithstanding lhat ~-petific services are cnumerattd in EXHIBIT A. the
ENGINEER will, upon written request of the CITY. provide any and all other civil
enameerilli,plann!ng, and en'lirolUDCI1tal coo$ultin& $crviccs u requested by the
CITY provided. however. that such additional services shall result in extra
compensation to the ENGINEER. as provided by EXHIBIT B. It is understood lId
agreed that if such additiotW serviCt5 He requested, the Agreement shall be
comk1cIed IlS I conlirmina: contract with respect thereto.
D. The CITY hereby Kknowlcdgc:s 1bal estiaJ.ares of probable construcdon COSts c.umOI
be guuanteec1. and such estimates are DOt to be constnled as: ::a promise to design
faciliOO within a COil Iim1tation.
E. II is uodmtood and ~ed that the ENGINEER', services under this Agreement do
DOl include, participation. 'Whltsoever I in. any litigation unlen .pecifically agreed to
in writing by both panles.
F. Upon me ENGINEER'S request, the CITY wiU furnish or ~U$e to be furn1sbed
sucb ftpons, studies, instruments, dcx:uments, and other information as the
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ENGINEER lDd ClTY muroaUy deem necessaJ)', and the ENGINEER may rely
upon !lime in pedorminK the servite.s required under this ^eteemcnl.
G. The CITY and the ENGINEER each blnd.s itself and its SUCCC3S0n, legal
representatives, and assigns to the other party to this Agreement and to the partners,
successors. Ic!al repre$CDtatlves. and' assigns of such olber put}', in rcspecc to all
covetW1lS of this Agreement: and neither the CITY nor cbc ENGINEER will luisn
or transfer dIeir interest in this Agreement without written conseDt of the other.
II. In consideration or the aum of ODe Hundred Dollan ($100.00) the receipc and
sulfic.lency of wbk:h is acknowledged. payable IS part oC ~ tint payment for
servicC!. the ENGINF.ER hereby agrees to defend. indemnlfy, and $aye bJrmb:ss,
the CITY, its officers, agents, and. employccs. from and again3t any and all claims
llrising our otthc ncaUgent actS. errors. or omissions oftbe ENGINEER. The CITY
agrccs to limit the ENGINEER's lillbility 10 the CITY, and to aU COnsauctioD
contractors and subcontnctan on tho project due to the ENGINEEll'S nellilcut
acts. errors or omissions such Lh3tlbc total aggregate liability of the ENGINEER
to all those D.l1Ped shall nol exceed $1,000,000. or the ENGINEER'S total fee for
serVices n:odercd on thi! project whichever is greater.
J. All reports sub mined to the .CITY by the ENGINEER in fulfillment of contract
, obligutions shall U&e recycled 'Paper when it i5 available at :a reuonablc price; IIDd of
~tis~tory quality to meet contracw.al pc.rl'ormance sta~Tds. For the purposes of
thil Paragraph, the price of recycled paper shall be considered "reasonable" if it!;
cost is no more than ten percent higher Ibm the lowest price offered for non-recycled
paper. All reports submitted to the CITY by the ENGINEER shall use both &ides
of paper sbeets whenever practicable. The ENGINEER shall use both sides of paper
,heers wbenever practiClbl,:. The ENGINEER shall be rc~wible for ma.intlining
records docUlDtnting uuge of recycled paper for rcportli submiued to the CITY in
fulfillment of COBttl.CtUll obligations. The ENGINEER s\uU submit such records
to the CITY l<<:ording co procedures to be establlih~ by the CITY Purchasing
MlDIier.
J. The ENGINEER sban execute the appropriate Sure of Aorida sworn statement
under Section 287 .133(3)(&). Florida Statutes, Public Entity Crimes prior to the
execution of this Agreemem.
K. The ENGINEER shall atw:h a brief SlaWS report on the project with each request
fOT ~ymeD%.
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v. INSUlL\NCE REOUIREMENTS
A. Workers CowptJW.tion 2nd Employen Li2billty. The ENGINEER shall procure
and IJUl:tnt;lln. (or the life of lhis A~eDt:, Workers Compensation tnsurance
CQvering all employees wid11itniu meeting all1pplitablc state aDd federal mws. This
coverlet sballltx:lude Employen Uabillty with limits mceti~ all applicable state and
fedcra1l1wl.
B. GaleraJ Liability. 1'bc ENGlNEE. shall procure ml tIJ:'lin~in. for tbe life of this
A~ment. General Uability Imurance. This coverage shall be on an -Oecum.nce.
basis. Covcngc WJJ iuclude ~ and Operations; Independc:ol ContrlCtors;
Products arid Completed Opcnlions and ConlI'1COJll Liability. Coverage Iha.U be DO
morc restrictive than the la~t edition of the Commercial Ocncnl LLabUlty policies
of lhc Insurance Services Office (ISO).
This policy s~ provide covPmBe for death. bodily injury, peTSOnAl injury of
propeny damage that could arise directly or iDcIi.rcctJy from the perfonnnnce of this
Agrecmcnl. '
The minimum limits of coverage shall be 5500.000. Per Occurrence Combined
Siagle Limit for Bodily lDjury Liability and Propeny Damage Liability.
.
The CITY shall be included and ide.nlified as In Additional I11S\3red under the
JX}HcylcerrifiC3te of i.nsunnce.
C. Bustness AutomobUe L12bllllY. The ENGINEER shall procure :and nuintain, for
the life of the Agreement, Business Automobile Liability lMlrancc.
The minimum limits of coverage shall be:: $500,000. Per Occurrcucc, Combined
Single Limit for Bodily Injury wbitlEy and Property Dan'3gc Liability. This
coveraee shall be an · AriY Auto" type policy. Covenge shall be no more restrictive
than the btest edition of the busioe~ Automobile Policies of the I.nsu.rancc Services
Office (ISO).
The CITY slWl be included and identified as an Addilional Insured under the
policy/certificate of insunncc.
D. rroCessioDDl Liability Insurance. The ENGINEER shall procure and mainr.aIn for
the Ufe of this Agreement, Professional Liability lnsur.aoce. This insurance shall
provide coverage against sucb liability resulting from this coDJr8.C[/projcC1. The
minimum limits of CQveragt IIball be $1.(0),000.
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E. Supplemental Pk'onstOtlS. TN: lnsufance to\lc1'lges and c.ond\tions arfmded by the
above mentioned policies shall DOt be JU3pendctl. voided, canceled or modified ~xcepL
am:r thiny (30) day' prior wrinen notice by certified ma.il return receipt requested
bas betn given co both the Assistant city Manacer and the Ruk Mamgement Offices
of die CITY.
CertifJClUe$ of lnsun.Dce mcetinr tbc specific required insurance provUioos spec.ifU!'d
within this ComractlA~emeQ[ sbA1l be fotwllId.ed to bmh the Anbtant Clty
Mlnlier and Risk Management 0ffice3: of the CITY md approved prior to the uart
of auy wor". After J:eview. the Certificate wUl be filed with the city Clerk as a part
of the official contract file.
Rcaipt aDd accepcancc of the ENGINEER Ccrtific&te of In.ronncc. or other similll'
docwncnt docs not constitute a.ccepuncc or approval of amounts or type! of
coverages which my be kss than required by this A~n1.
The CITY may at iJ5 option ~uire a copy of the E.ngineer/ConsultantS lnsuranI;c
PoUcit$ .
F. Safety and Health Rcquiremwts. It is the ENGINEER'S sole duty (0 provide safe
and healthful working cormtioos. to its employees on ;milt about the she of Agreement
Perfonnance. The CITY usumes no duty for S1Jpel.'Vidon of the ENGINEER.
The em may order that the work stop if il condition of bnmediate danger to CITY
employees. equipment or property damag~ exists. This provision shan not shift
responsibility or risk of lo~ for injuries or damage susWiled from the ENGINEER
to the CITY. and the ENGINEER sban remaiD solely responsible for compliance
wirh all safety requirements and for the safety of all pen.ans wi property at the si\e
of ENGINEER pe.rformanct: un1i1 the beginning oC construction and arising OUt of
ENGINEER'S oegli&enu:.
The ENGINEER sb2U comply whh [be stlndards and tcgulations ~t fonh by the
Occupational SafelY and HCllth Adronustration (OSHA), the Florida Department of
Labot aDd Employmem Security and all other approprialc federal, state. and local reJUlalions or City safety and bea1tb sundards.
G. tl:u2rdous Sutm.auc:es. It is UDdetstood and 3greed that in seeking the professioml
servm of [be ENGINE:ER UDder this Agreement, tho CITY does not request the
ENGINEER to undenake uninsunbte (J[ potentially uniDsunbte obligations for the
CITY"S benefit Involving or related in aDy manner to haurdou:s subsw.ces.
Therdore. the ENGINEElt undetukes no such obligation heTCunder, and the CITY
agrees to bold bnmJen. irWwoify, and dcfcDd the ENGINEER Crom and agaiust
any and all claims. lo~, damagt" li&biJlty, and tOstS arising out of or in any way
cormec.tcd with the presence. discharge, release, or escape of canwninanrs or
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. hazardous substances of any kind~ or environmental liability of any nature, in any
manner related to services performed by thc ENGINEER undcr this Agreement.
VI. COMPENSA TION
The ENGINEER shall be compensated for all services rendered under this Agreement
in accordance with the provisions of EXHIBIT B.
VII. TERMINATION
This Agreement may be tenninated by either pany by thirty (30) days prior written
notice, in the event of substantial failure to perform in accordance with the terms hereof
by the other pany through no fault of the terminating party. If the Agreement is
terminated, the ENGINEER shall be paid in accordance with the provisions of
EXHIBIT B for all work performed up to the date of termination.
VIII. SUSPENSION. CAi'JCELLA TION OR ABANDONMENT
In the event the project described in EXHIBIT A, or the services of the ENGINEER
called for under this Agreement, is/are suspended, canceled or abandoned by the CITYt
the ENGINEER shall be given thiny (30) days prior written notice of such action and
shall be compensated for the professional services provided and/or related fees for which
there is an irreversible obligation up to the date of suspension, cancellation or
abandonment.
IX. ADDITIONAL ENGINEERING SERVICES
At the conclusion of the feasibility study t the CITY may t at its optiont negotiate with the
ENGINEER to perform a full Project Development and EnVironmental (PD&E) Study.
Such PD&E Study shall be pcrformed in accordance with FDOT Guidelines.' The
specific scope of service, schedule and fee shall be negotiated at the time the CITY
decides to ex~rcise its option for the ENGINEER to perform such a Study.
Likcwise, as described abovc, the CITY may, at its option, negotiate with the
ENGINEER to perform fmal design services. The specific scope of services, schedule,
and fee shall be negotiated at the time the CITY decides to exercise its option.
x. ,ATIACHMENTS
The following Exhibits are attached to this Agreement and made a part hereof.
Exhibit "A" M Scope of Services, pp. AMl through A-16
Exhibit "B" M Method of Compensation, pp. BMl through B..zL
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Additional Information
was provided with this
item (#58)
, See Official Records
Reports/Studies
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Proposed Roll-off Operation Re =. ,Scr
City of Clearwater
General Comments / Questions
=> Staff states that they will keep rates competitive by providing service at
or below existing price levels. How can staff make this 8\UU'antue?
~ Staffhas targeted compactor accounts to be serviced first because Ihq
say they are more "lucrative.', Since the City has indicated that they do
not want to enter the compactor leasing business and would prefer the
private sector to continue; then it stands to reason that if the private
sector loses profit from the hauling operation that they will inorease their
charges on the equipment lc9..9.ts, thus)he customer may not save any
money on his total bill. Then it'the private sector chooses not to
continue providing the compaction equipment due to the loss of the
hauling revenue, the City would be responsible for purchasing the
'equipment for ell b'lese accounts. Potential capital outlay: $10,000 x 70
accounts =- $700,0001 Funher, the City would then be responlible for
the maintenance and repair of this equipment. Reoccurring annual costs
unknown.
=> It is $tated that the CityJs transfer station will be utilized for dumping.
How are these additional costs factored in to the City's financial pro-
fonna?
~ How.much money has boen spent already to operate: the initial pilot
pro~am? .
II
;:;> It would appear that the pro-forma fails to recognize additional
, administrative costs like b~llin2\, supervision, and customer service.
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'ROLL-OFF OPERATIONS PRO-FORMA
B~sed OD Appropriate Industry Averages Without Disposal
REVENUE
Less Expenses:
Driver's Labor' Actual per City Pro.fonnll
(A,ss'uxncs Httlth A Wolflro tne.I~dtd. but not ywly peulon l:onlribuJ:1D:n)
Misc. Operating . 1.50/Q
Truck Operating 6.0%
Truck Maint ... Labor 3.7%
. Truck Maint · Parts' 3.6%
Truck Maint - Tires 1.8%
,,(1.) Container Maintenance " 6.1 %
(1.) Insurance and Claims 6.2%
Truck Lease Costs ActurJ por City Pro-tonnl
Container Purchases ActUal per City Pro-fonD.
Total Expenses
Gross Profit from City Roll-off Operation
Less Lass of City Surcharges from Vendors
, Net Loss to City
480,000
<-110.450
7,200
28,800
17,760
17,280
8,640
29.280
29,760
69,440
, 91,710
410,320
II
691680
-U.79,OOO)
($10~~20)
. (1.) These items are not sbown on the City's pro-forma.
Cost related to the use of the City's transfer station are not reflected
, or estimated in either pro--fonna.
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,
TO:
FROM:
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CITY OF CLEARWATER
Interdepartment Correspondence
~
Elizabeth M. Deptula, City Manager
~
1<'y;Il'~
Robert M. Brumback, Director of Solid Waste
COPIES: Kathy S. Rice, Deputy SeNice Manager
James V. Maglio, Superintendent
Paul V. Nystrom, Controller
File
SUBJECT: ROLL..QFF SERVICE CONCEPT
DATE:
June 10, 1996
, Transmitted herewith is the Clearwater Solid Waste Department Roll-Off Concept and .
Proforma.
As you will see by reviewing the concept and proforma it is our perception that we can
provide the service cost effectively and generate revenue of approximately $180,000 in
the first year. Most of this revenue wm be needed to acquire additional equipment.
predominately containers. However, in future years the program should be a very
worthwhile enterprise for the city.
, If I can provide additional information. please let me know.
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CLEARWATER SOLID WASTE DEPARTMENT
ROLL-OFF SERVICE CONCEPT
. ~ENEAAL
The City of Clearwater Solid Waste Department plans to take over all solid waste roll-off
service in Clearwater effective October 1, 1996.
pURPOSE
To provide economical, cost effective solid waste roll-off service to the citizens and
businesses of Clearwater and to compete effectively with private recovered materials
dealers for recyclable commodities in the commercial waste stream.
,
BACKGROUND
In the past, the City of Clearwater has' chosen not to provide roll-off service in
Clearwater. Instead the City has Issued permits to private hauling companies
authorizing them to provide the service provided that they agreed to pay to the City a
15% surcharge on the total amount billed.
In FY 1994/95 payment to the City by the private hauling companies was approximately
$179,000. This represents a business potential of approximately $1.2 million in gross
revenue which includes approximately $700.000 in disposal fees. Disposal fees are
passed along to the customer. The remaining $500,000 in business revenue potential
is the target of the Clearwater Solid Waste Department (CSW) roll-off service.
This amount of revenue can, not only support CSW roll~ff operations. but also provide
a very worthwhile return on investment in the long tenn. Based upon this assessment
the City Commission approved the acquisition of two roJl~ff trucks and drivers in FY
1995-96. Two more roll-off trucks and drivers are programmed for FY 1996/97. It is
also worthy of note that the cities of St. Petersburg and Largo hav~ roll-off programs
that have been successful for several years. Largo operates four trucks and Sl
Petersburg six. CSW will be requesting City Commission approval for an Interiocal
Agreement with Largo and St. Petersburg for back-up support as the roll-off program is
fully implemented.
CONCEPT
CSW will take over all solid waste roll-off service in Clearwater effective October 1,
1996.
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CSW will keep rates competitive by providing roll-off service at or below the levels
previously charged by the private haulers. This will be accomplished by setting a
reasonable base rate Just below the average rate charge by the private haulers. CSW
will also establish a flexible rate structure. like the one used in co~~~r~al recycling! to
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allow CSW to flex rates up or down In order to provide roll~off service to customers
economically while still being cost effective operationally. CSWtakes the position that
since it is taking over all roll-off service in Clearwater, It Is essential that the service Is
provided at a cheaper rate and more efficiently than the private companies it is
replacing.
CSW has conducted a survey of roU-off compactors in Clearwater. There are
approximately 70. Roll-off compactor service will be targeted first since it is the most
lucrative and will provide the most revenue quickly.
CSW will begin expanding service to provide open-top containers for general purpose
use to include construction.
A pilot program using the two new trucks that arrived in late May has been initiated to
train drivers and to test and polish operational and customer service procedures.
The Transfer Station, located in the geographical center of the City, will be used to
dump putrescible solid waste containers and permit more rapid return of trucks to their
routes. This will increase the number of pulls each truck can accomplish each day and
will maximize the revenue generating potential of each truck. Truck performance will be ' '
monitored to optimize productivity. '
Pull tickets will be provided to each driver at the beginning of the day so that pulls can
be sequenced to optimize productivity. Additional service requests will be radioed to
trucks for integration with the most efficient pulJ sequence.
At the end of each day, service tickets will be processed for billing. Utilities customer
support will integrate rolJ-off billing into the utilities billing system.
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CSW, as well as the Legal Department, feels that the best way to implement the
citywide roll-off program is to take over the entire program effective October 1, 1996.
In order to ensure adequate capability to provide good service to all customers, an
Intertacal Agreement with Largo and St. Petersburg will be needed. The I~tertocal
Agreement has been prepared and will be submitted to the Commission for approval in
the near Mure. A back-up service agreement with a private hauler may also be
needed. If so, it win be handled through normal procurem~nt p~~ures.
. .
A smooth transition of customer service from private hauling companies io~:csw Is
. l~t.
needed to minimize impact upon customers. Private haurrng companies are being
contacted to accomplish the transition. Preliminary contact has already be'en :made with
three companies.
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A roll..off service capability in CSW also Improves emergency preparedness. Roll-off
containers can be a key player in debris clearance. They were used effectively by St.
Petersburg In support of Clearwater while clearing up after the April 251 1991 storm.
Roll-off container service will be integrated into the Basic Emergency Plan.
, ,
The attached proforma shows that a citywide roll-off program can be implemented cost
effectively In Clearwater. A $1801000 revenue reserve can be generated the first year.
As a new business, that reserve will probably be needed for additional equipment.
mostly containers. In future years the potential to generate additional revenue
Increases progressively. CSW sees excellent potential In the roll~off program as a new
enterprise'.
The City Commission has directed CSW to expand its business wherever business is
'available. The, roll-off program is consistent with that direction.
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City of Clearwater, Solid Waste
FY 1996/97
~roJectlons and Estimates for RolI~Off ODeratlons
REVENUE!;
Totars
Revenue for Pulls:
For entire year, 2 vehIcles, 3,090 pulls @ $100 I:
For second 6 months, 2 vehicles, 1.5.6Q pulls @ $100 ..
4,650 puffs @ $100 =
5309,000
156~OOO
5465,000
, pther Revenue:
Rinse and Deodorize compactors 600 @ $25 Q
REVENUE WITHOUT DISPOSAL FEE CHARCiE (Note)
15~00Q
480"OOQ
~OSTS AND EXPENDITURE$
personal servlce!i:
, For entIre year, 3 EquIpment operators @ $30,600 = $91,800
For hew hire on 3/1/97, 1 Equipment operator 18.6~Q
TOTAL
110,450
Garaqe Cha(ges on M & 0 Veblcles:
fOr entIre year, 2 vehicles @ $10,000 ~
For second 6 months, 2 vehIcles @'56,OOO =
TOTAL
$20,000
j2~OOO
32,000
Lease purchase$. Debt service:
For entire year, 2 vehicles, 4 payments @ $11,060 IS 44,240
For second 6 months, 2 vehicles, 2 payments @ $12,600 "'" ;25,200
TOTAL
69,440
Other ooerntlng Exoenses:
Operating supplies, Uniforms, Radio, etc. 4 @ $1,600 each
purchase Additional Roll-off ContaIners:
30 new @ $2,720 and/or 45-60 used
COSTSIEXPEND. WITHOUT DISPOSAL FEE (Note)
RESERVE FOR ADD'L CONTAINER ACQUISITION
6,400
$1,'10
300,000
$jaOJlOQ
Note: Disposal fees estimated @ $700,000 will be passed on to customers
roproJ96.doc
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>>,~6-~ CITY OF CLEARWATER
pc%t:./~ :z;.,~ Interdepartmental Correspondence
~ 1I2OBB-0004
TO:
Elizabeth M. Deptulat City Manager
FROM:
Robert M. Brumback, Director of Solid Waste
~
~}'f1.~
COPIES:
Kathy S. Rice. Deputy City Manager
James V. Maglio, Superintendent
Paul H. Nystrom. Controller
SUBJECT: ROLL.OFF PILOT PROGRAM PERFORMANCE FOR THE MONTH OF
JUNE, 1996
DATE:
July 9. 1996
The Clearwater Solid Waste Department (CSW) initiated a small roll~off pilot program
June i. 1996 with the two roll~off trucks received a few days earlier.
The pilot program started slowly as one would expect but during the first month began
to pick up some momentum. As customers became aware that we were in the roll-off
business. we found ourselves with more demand for containers than we had containers
in stock. We ordered additional containers as rapidly as possible and during the month
of June were able to place 17 containers in the field. During the month of June we
made 45 pulls (trips to dump). The pilot program generated $8.868.53 in total revenue.
The revenue was generated by $3.670.00 in pull charges and $5.198.53 disposal
charges.
During the pilot program we have trained four drivers and polished our procedures for
route organization and servicing the different types of containers. Our drivers have also
been to Largo to practice on Largo roll-off trucks with their trained drivers.
The pilot program has demonstrated to us that our concept of a minimum of six pulls
per truck per day is realistic and achievable. Our proforma data that was submitted
along with the operating concept June 10. 1996. is valid.
As more containers arrive we plan to continue to put them in the field and build our
revenue base.
We are very pleased with the first month of the pilot program. The concepts used to
plan and organize the program have been validated, equipment has been tested.
drivers trained, and a modest amount of revenue generated. Most importantly we have
determined that our productivity standards are not only realistic and achievable but also
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Memo to Elizabeth M. Deptula on Roll-Off Pilot Program
Page 2
July 9, 1996
can be exceeded by good management We.wlll continue to adjust our goals upward
as our performance data is accumulated.
We have also found that the rates which we are recommending in the new roll-off
, , . ordinance ~re not only competitive but below the rates being charged by the private
companIes. Our goal is to provide better service to the citizens of Clearwater at a lower
. rate than has been previously provided by the private companies. We feel that the pilot
program is proving that our goal Is also realistic and achievable.
i.' .
A copy of the pilot program billing summary is attached.
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ROLL..QFF CONTAINER BILLING DETAIL
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SVCle3 SV~
Aoct . Nume Pull Dato Pull Chg Weight Chg Totll Bin Grind Pull Gl1Ind Wgt. Totll billing
DEBIT'ADJ'S PROCESSED JUNE 2.
018-00870.00 Delta Food Inc. el1Dm 105.00 123.84 228.84 105.00 123.84 228.8-i
01a.ocS7o..00 Tack & Warren 611 OM 05.00 35.e3 130.83
el12/88 95.00 SV.25 154.25 190.00 84.88 284.88
212-02125-05 Colemln, stephen 6118fQ6 05.00 187.78 262.78 95.00 167.76 262.76
218-0O!eo.-oo Kehrer, Joel 817196 95.00 46.08 141.08
6/13/96 95.00 127.13 222.13 190.00 173.21 363.21
220-00600-06 Glnaz HoldIng Co. 6/4/98 95.00 84.75 179.15
el1 ewe VS.OO sa.13 153.13 190.00 142.88 332.88
22&.00335-04 ctw. Beach Motol el101ge 85.00 41.e3 13e.83
6/14198 05.00 86.83 181.63 190.00 128.26 318.28
316-10545--09 Carpets By f=rench 5/31198 100.00 157.13 257.13
618/98 100.00 159.00 259.00
617198 100.00 175.13 275.13
6I1oil98 100.00 166.00 258.00 400.00 647.26 1.04'7.26
334-00455+07 Masse, Marie B/4Ige 85.00 80.24 155.24 95.00 60.24 165.24
414-00427-00 M.Ehmlg . et18M 85.00 67.&0 162.50 95.00 87.50 162.50
..~
74e.OO083-021.G.A. Foodstores e/181ge . 95.00 80.40 175.40 Q5.00 80.40 175.40
TOTALADJ8 1,845.00 1,685.23 ',331.23 1,&48.00 1,881.2' 31331.23
ACCOUNT BIWNQ
212-02125-05 Coleman, stephen 5127/98 85.00 569.04 664.04
5128198 95.00 275.52 370.52 190.00 844.58 1.034.56
844-02854-00 Cline Design 6/4/98 95.00 61.68 156.68 95.00 61.08 156.68
722..()1501-G3 Sunshine Manor 5/24196 95.00 33.38 128.38
81SM 100.00 53.25 153.25 1 G5.oo 88.63 281.83
7048-00Q83.02 I.GA FoodstOC'lS 6130188 , 00.00 70.08 170.08
eI3f98 100.00 88.83 188.83
6/12/96 100.00 103.88 203.88 300.00 260.59 560.Se
922..11901-02 HawkIns. Danny 6112198 95.00 161.78 266.78 95.00 161.76 256.76
91&-00896-09 Bennett TraBer Saru 811 sr;e 05.00 se.1e 151.11
~ 5/21180 05.00 33.12 128.12
5I29J08 85.00 27.12 122.12
814M 95.00 31.4-i 12e.44
6117/DB 95.00 27.12 122.12 475.00 174.98 649.96
TOTAL ACCOUNT BILL1NG 1,3&0.00 1,690.1 a 2,940. t. 1,350.00 1,590.18 2,940.18
TOTAL BIWNQ & ADJ'8 ~.tll.QQ 3.27t~~1 1.271.41
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JUL-03-199G H'lf46 FRCl'l C 1 TV CF a..wt1J:S TO SANtTAT1~ p.el
Sheet1
Jun. 96 Pulls not blUed tll July
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01e.OO87o.00 Tlck"& WalTOn 81211QfJ 8S.00 33.75 128.75
01e.0087o-00 Tack & Warren 6127198 ~5.00 13.M 108.88
124-01377..04 "Haberman, Richart! 6/25196 100.00 100.13 206.13
21 a.ooseo.oe Kehrer, Joel 8/24196 105.00 133.44 238.....,
228-00335--04 Holiday House Motel 8/2$1;6 GS.OO 42.75 137.76
22e.oou5-04 Holiday House Motel 8f271'i8 95.00 ..a.38 143.38
316-1064&..09 Carpet By French 6120196 100.00 136.50 238.50
31e..10~6-08 Carpet By French 6/2719& 100.00 128.25 228.25
. 542-00132.02 Hassel, M 6126106 9S.00 32.88 121.88
722.01501..02 " SunshIne Manor 811WQ6 100.00 82.83 182.83
148-00083-02 "GA. Foodstollls 8121/98 100.00 135.38 235.38
8&2-03455-01 Suncoast Inn 8I28IQ6 105.00 193.92 298.92
882-03500-02 Southgate Mobile Home eI25f9& 95.00 96.48 191.48
01e-ooags.oo Bennett Traller Sales 6I28Ige 95.00 67.75 152.75
totalS 1,~71.00 1..222~ 12 2,591.12
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CITY OF CLEARWAtER
Interdepartmental Correspondence
~
FROM:
Elizabeth M. Deptula, City Manager
Robert M. Brumback, Director of Solid Waste
'~
4~'1V
TO:
COPIES:
Kathy S. Rice, Deputy City Manager
James V. Maglio, Superintendent
Paul H. Nystrom. Controller
SUBJECT: COMMISSION QUESTIONS REGARDING PROPOSED ROLL~OFF
OPERA liON
DATE:
July 16, 1996
This memo is in response to City Commission questions regarding the proposed roll-off
program previously approved by the City Commission and recommended for
implementation under Ordinance 6059-96.
Question: How profitable are the roll-off programs of Largo and 51. Petersburg?
Response: Data not yet available from Largo and 51. Petersburg. Data should be
forthcoming at a rater time.
Question: Staff states that they will keep rates competitive by providing service at or
below existing price levels. How can staff make this guarantee?
Response: Clearwater Solid Waste (CSW) plans to use a standard base rate
throughout the City with the authority to flex rates as needed to insure that the service
is provided at a more reasonable rate than is currently being provided by the private
companies. An example might be in cases such as large volume customers who,
because of the many dumps per month receive reduced rates. Staff has proposed that
by eliminating the 15% surcharge and by returning to the program profits made from the
program, rates can be kept down in the long term. Using this concept there is high
assurance that the service can be provided responsively and at a lower rate to
customers. In addition, having CSW provide the service, customers will be treated
more even handedly. Now. there is considerable disparity between the rates being
charged various customers for the same service. Customers that bargain wen get lower
rates than customers who either do not bargain well or have little bargaining power
available. That would be less likely if CSW provided the service. The small business
or small contractor would be offered the base rate for service, the same as the larger
companies.
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Memo to Elizabeth Deptula on Roll-Off Questions by Commissioners
Page 2
July 16, 1996
Question: It is stated that the city's transfer station will be utilized for dumping. How
are these additional costs factored into the city's financial pro forma?
Response: The transfer station can only be used for dumping putresible garbage. The
costs of the transfer station were built into the pro forma at a rate of $8.32 per ton as
part of the pull charge computation:
Question: Staff has targeted compactor accounts to be serviced first because what
they say they are Ilmore lucrative." Since the City has indicated that they do not want to
enter the compactor leasing business and would prefer the private sector to continue:
then it stands to reason that if the private sector loses profit from the hauling operation
that they will increase there charges on the equipment leases, thusJ the customer may
not save any money on his total bill. ThenJ if the private sector chooses not to continue
providing the compaction equipment due to the loss of the hauling revenue, the City
would be responsible for purchasing the equipment for all these accounts. Potential
capital outlay: $10,000.00 times 70 accounts equals $700,000.001 Furtheir, the City
would then be responsible for the maintenance and repair of this equipment. Recurring
annual costs unknown.
Response: There is no indication in either Largo or 81. Petersburg that the private
companies would or could increase their charges on equipment leases to offset the loss
of profit from hauling. Most compactors are used by large corporations or large multi-
family complexes who could rebid any changes in prices should they be
disproportionately raised. Several of the large waste haulers have indicated an interest
in providing back up support to Clearwater in any portion of the roll-off business that we
do not choose to undertake. Compactor rental and maintenance is one of these areas.
In addition, our analysis of the market in Clearwater indicates that the private
companies are making an adequate profit on compactor leasing. In the one instance
where a customer informed us that their company may not chose to continue to lease
their compactor, we found that the customer was paying $600.00 per month rent on a
five year contract for a compactor costing $101000.00. ft's hard to imagine that private
companies would give up so lucrative a profit opportunity. If one company chooses not
to lease compactors without hauling, it is reasonable to assume that another company
would be glad to step in and make that profit. However, if the private sector chooses
not to continue leasing compaction equipment due to the lose of hauling revenue, the
City would have several options. Option 1 would be to enter into the compactor leasing
and service business. Option 2 would be to franchise compactor leasing and service
citywide on a competitive bid. Option 3 would be to exercise the interlocal agreement
and have S1. Petersburg lease and service ClealWater compactors. The assumption
that Clearwater would be forced to invest $700,000.00 in compaction equipment is not
accurate in our view. All of the 70 compactors in Clearwater are not leased. Many are
"
Memo to Elizabeth Deptula on Roll-Off Questions by Commissioners
Page 3
July 16, 1996
owned by the larger corporations. For example. Sam's Club, Burdlnes, and Wal-Mart
own their compactors. We are still In the process of determining how many of the 70
are owned. A number of the larger business chains do not know at the local level who
owns their compactor. Their compactors are handled by their corporate headquarters.
If Option 1 was exercised, 81. Petersburg could provide backup assistance until
Clearwater could provide the service. If the private companies do not chose to enter
into the compactor leasing and maintenance business, it would be another lucrative
area for Clearwater to undertake. The options there would be the same as the roll-off
program. Clearwater could either make a substantial profit to offset other solid waste
costs or it could provide leasing and service along with pulling and dumping at a
significant savings to the customer. Either option would be available to the City
Commission for decision.
Question: How much money has been spent already to operate the initial pilot
program?
Response: The pilot program has been in effect since June 1st. To date there has
been spent $164,000.00 for trucks, $81,710.00 for containers and approximately
$4.800.00 in personnel services. The total spent is $250,510.00.
An analysis of the CSW roll-off pro forma based on "appropriate industry averages
without disposal" was made. The analysis showed that after deducting the $179,000.00
that is presently being provided by the surcharge without Clearwater having to perform
any functions, a loss of $109.320.00 was shown. The pro forma comparison using the
"appropriate industry averages" does not fit the Clearwater operation. The data used in
the Clearwater pro forma is based upon actual experience with other CSW vehicles and
coordination with Fleet Maintenance and other service agencies which will actually
provide CSW service. For example. the industry average for truck maintenance for
truck labor and parts is $35,040.00. CSW 's roll-off trucks are new and have a three
year bumper-to-bumper warranty for parts and labor. That cost would not be applicable
for the first three years. Driver labor was alleged to have not included pension
contribution. The standard benefit package amount of 25% was included in personnel
services for the roll-off drivers. Container maintenance was quoted to be 6.1 % of total
rew;)nues in industry averages. CSW has not experienced that in its operations.
CSWs container maintenance costs are 2.75% (less than half the industry average).
Given these facts, we feel that the CSW pro forma, based on actual data and direct
coordination with support agencies, is more accurate' and a more valid indication of
potential financial performance.
We share the commission's concern for entering into a venture this large. We have
researched as many facets of the program as we can in order to foresee any pitfalls
that may be there for us. We hope that we have done our homework well. We hope
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Memo to Elizabeth Deptula on Roll-Off Questions by Commissioners
Page 4
July 16, 1996
that the. City Commission will see by these answers that our goal is not to hurt anyone
but to provide the citizens of Clearwater with a more fairly priced. responsive and
customer oriented roll-off program. We are not trying to be' heavy handed with the
private companies but are simply rounding out our Solid Waste Department to become
a full service enterprise the same as the private companies are. We want to be able to
provide to the citizens. of Clearwater a complete range of services at a reasonable cost
under the direction of their elected officials and appointed management team. We
. already do that for all aspects of solid waste collection except rolloff.. We are the
citizem's solid waste company. Responsive to their needs and under the complete
contror of Clearwater officials. Our citizens will be able to exercise control over their
solid, waste company through the City Commission and the management team.
Revenues from solid waste service, inclliding rolloff will stay in Clearwater. It will not go
in to the treasury of a multi-national corporation.
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CITY OF CLEARWATER
Interdepartmental Correspondence
t2Dll8.()OO.C
TO:
Elizabeth M. Deptula, City Manager
FROM:
Robert M. Brumback, Director of Solid Waste
COPIES:
Kathy S. Ricet Deputy City Manager
James V. Maglio, Superintendent
SUBJECT: SOLID WASTE MANAGEMENT VERSUS ROLL OFF
DATE:
July 17, 1996
Since the Commission work session last Monday, I have been trying to find a way to
help the City Commission understand the basis for our recommendation for adding the
roll-off program to the Solid Waste Department and excluding the private companies
from the waste stream as we have for all other forms of refuse collection.
We have not been trying to take unfair advantage of the private companies or to restrict
their business competition as one might think. Since municipalities are charged by
state statute, under the requirement for maintaining public health and safety, to operate
or to have operated their refuse systemst the citizens of Clearwater must bear the total
cost of the solid waste system as a whole. That is why Section 32.271 of the City Code
designates the Solid Waste System as a lIunified public utility."
In solid waste management, there is a hierarchy of profitability or cost in the various
types of programs. By that I mean that some programs generate more revenue with
less effort than others. From a business viewpoint, given industry standard rates, roll
off is the most profitable and least labor intensive followed by commercial garbage
(dumpsters), third is automatic side loaders, fourth is rear loaders and fifth would be
special service such as bulk items Oaws trucks). When you think about this, you can
. see that roll offs are lucrative because drivers can pun between six and ten loads per
day at over $100.00 per pull. One driver and one truck can generate between $600.
and $1,000. per day. A front-end loader can dump between 135 and 175 dumpsters
per day depending on size and distance from the dump. Automatic side roaders serve
1,150 homes per day with one person, one truck, but must serve that home twice
weekly for $16.30 in Clearwater. Rear-end loaders have a crew of three and serve
approximately 650 homes. Jaws trucks handle special correction and must dump
frequently. Jaws trucks are necessary in order to avoid the problems of illegal dumping.
The basis for our recommendation to go into roll off is to provide a furl-service program
for Clearwater and to keep in the system all of the revenue to support the overall
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Memo to Elizabeth M. Deptula on Solid Waste Management Versus Roll Off
Page 2
July 17, 1996
operation of the program. By doing it that way. we are able to spread the revenue aver
all the programs and keep costs down to the individual citizen across the full scope of
operation. All of the selVices are necessary to maintain a clean city. The least cost-
effective functions need to be subsidized by those that generate more revenue. By
providing a balanced system. a full-selVice program can be maintained for all citizens at
a lower cost.
When we allow the private companies to come into the City and siphon off the lucrative
roll-off revenue. we are depriving ourselves of revenue needed to support other
programs. We have experienced an overall loss in solid waste revenues over the last
five years of approximately $500,000. More and more compactors are being placed in
. our City. Some of them are being sold because they are only dumped monthly or less
frequently than that. Infrequently dumped compactors are a nuisance at best and in
some cases a health hazard that has to be dealt with.
There is a logical argument. that says "why do we have to make the capital investment
necessary to enter the roll-off business when we can charge a surcharge and get
revenue to support the system without doing any work or making any investment?" It is
a very good question. Our answer is that a 15% surcharge ;s not nearly as much
revenue as could be generated by operating a cost-effective roll-off system for the
citizens. We believe that we can operate the roll-off system as other municipalities do,
and provide better service to the citizens at a more reasonable cost and still provide
substantial revenue in excess of the 15% surcharge to support the overall solid waste
system. Thafs why we recommended the program. Under the current system the
private companies charge a rate between $80. and $150. per pull and add the 15%
surcharge on the bill as a separate line item blamed on the City. The private
companies make a healthy margin and pass' on to the citizens the $179.000 that the
City gets as a fee. We want to eUminate that cost to the citizen and use the revenue .
that becomes the private company's profit margin to help defray the overall costs of the
entire system.
From a business viewpoint, we are forcing the private companies out of town and taking
their profit. From a solid waste management viewpoint. we are simply providing a
compJete range of solid waste services within our City and spreading the revenues
generated by the more lucrative operations across all of the programs in an effort to
keep rates down for all the citizens. In our view, everyone wins. The roll~off customers
get that service at a lesser rate than they would be paying the private companies and
revenues generated by the rollMoff program are spread across all other solid waste
programs to keep costs down and to stretch. to the maximum extent possible,. the
length of time between rate increases. That is our goal. It is our belief, unfortunately.
that if we can't proceed with the roll-off program and if we allow the private companies
to continue to siphon off that large portion of solid waste revenue, it will be necessary to
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Memo to Elizabeth Deptula on Solid Waste Management Versus Roll Off
Page 3
J~ly 17, 1996
raise rates and pass operating costs on to citizens that would otherwise be defrayed by
.the roll-off program.. That is what we have been trying to avoid. We. are not saying that
if we go into the roll-off program. we will never raise rates. What we are saying, is that
the more programs we can provide that are' revenue generating. the less it will cost the
individual citizen and business in the long term.
, .
,
. This is a lengthy memo at a time when I know you are very busy. I hope it hasn't been
too remedial. I just wanted to articulate the philosophy underlying our desire to provide
. ttie roll-off program along with all of our other services and thereby make our
department a full~servjce saUd waste system.
If I can. answer any further questions regarding this please let me know.'
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CLEAR\V A TER CITY COMMISSION/, 0
Agenda Cover Memorandum (f2
Mccling Dale
'I. f <( ,q ?
SUBJEL'T: Stevenson's Creek Channel Improvements - Phnse II (9~9)
RECOMMENDA TION/MOTlON: Award a contract for the Stevenson's Creek Channel Improvements - Phase II (95.9)
to Kamminga & Roodvoets, Ine., ofTnmpa, Florida, for the sum of $3,780,610.00 which is the lowest responsive bid received
in accordance with the plans and specifications,
~ and that the appropriate officials be authorized to execute smne,
SUMMARY:
. This project is the Second Phase ofImprovements to Stevenson's Creek to provide for stormwater flow enhancements wong
Stevenson's Creek from the southerly termination of improvements in Phase 1 at Pierce Street to the intersection of Jeffords
Street and Hillcrest Ave.
· The project designers, Camp, Dresser and McKee, Inc. have worked extensively with area residents, the Chi Chi Rodriquez
Youth Foundation for Glen Oaks Golf Course and regulatory agencies to provide a project which greatly enhances
stormwater flow to reduce aren flooding problems while making these enhancements in an environmentaUy acceptable
manner.
. New culvert roadway crossings will be constructed at Pierce Street, Frmddin Street, HiUcrest Ave. and Jeffords Street.
Additional culverts wiD be place at Court Street and Druid Road. Settlement material accumulated over several years will
be removed from Lynn Lake. Gabions systems will be placed on either creek bank from Lynn Lake to the new settlement
area on Jeffords Street. Two settlement removaVcrcek DCCess nreas are included in the project located on City property
purchnsed for this purpose. The first settlement area is located on the north side of Jeffords Street west of Hillcrest Ave. and
the second area is located on the southeast corner ofthe creek and Druid Road.
. Project will be constructed in mini-phnses as required by regulatory permits. The mini-phases wiU be: Pierce Street to
Franklin Street, Franklin Street to Court Street, Court Street to Druid Road, Druid Road to Jeffords Street and along
Jeffords Street to the Hillcrest Ave. intersection.
. This project wiU stnrt on or about August 1,1996 and be completed within 375 calendar days.
o The Funding in Capitnl Improvement Project 96102, Stevenson's Creek Improvements, is sufficient for the completion of
this project.
. A separate agenda item provides for construction contract management with Post, Buckley, Schuh and Jernigan, Inc.
Reviewed by: Originating Dept. Coltl: $3,180,610.00 CIInvriulon Action
Lea II] Qrr- Engineering j?j (Cunllnt FYI Approvtld
, 1--.
Budget ~ U.., Dept. . Fundina Sowea: Approwd
( W/conditlone
Purchnlng c.pt. Imp, x
Dcnlad
Rllk Mamt. Advtlrtllad: Opa'lItlng
Cont'd to
IS N/A Dille: 04/02/[16 & 04/08/96 Other
ACM 1&~ ~
Papar: St. ~tanblllll T1rno
END. 4-' Not roqulnrd:
O~ER Affectad partlu Appropriation Codahl Attachrnontl:
notlllad
Sub!ritted By: 316-961 02.5631()().639.000 Bid tabulation
CIty Mlll1ll(lllr ?~ - Not Aaqull1ld X
Itewcr1.ll(ln
I.
STEVENSON CREEK CHANNEL IMPROVEMENTS" PHASE II 19S.9l I I
Bid OpenIng "Wednesday: June 6,1996 Award" Thursday. Jul 18. 1996 I r
Kimmins ConttoctlnL Kommtnao & Roodvoots Inc.
Tampa. Florida Tampa Florida
BID ITEMS QTY UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT
. DIVISION "A" PIERCE STREET TO DRUID ROAD
1 Plorco 51. Dralnlloo Sturcturo Station 102 + 05 to Station 102 + 81 1 L,S. $ 440 000,00 S 440 000.00 $ 278.000.00 $ 276.000.00
2 GIllSed Lined Channel Slalion 102+81 to Station 107+46 1 L.S. S 100 000.00 S 100.000.00 $ 60000.00 $ 80 000,00
3 Frankl/n Slrool Orafnlloe Structure Stallon 107+4610 Slallon 108+49 1 L.S. $ 520 000.00 $ 520.000.00 $ 410000,00 $ 410.000.00
4 Grass Lined Channel Station 106+49 to Station 113+n 1 LS $ 110 000,00 $ 110.000.00 $ 120 000.00 $ 120 000,00
5 Court Stroot Drolnaoo Structur. Stotlon 113+n to Station 115+93 1 LS. S 760 000.00 S 760,000.00 $ 520 000.00 $ 520 000.00
6 Grass Unod Channel Station 115+93 to Slation 128+58 1 LS. $ 330000.00 $ 330.000,00 $ 220 000.00 $ 220 000.00
7 Druid Road Dralnaae Structure Station 126+58 to Station 129+42 1 LS. $ 330 000.00 $ 330,000,00 $ 320 000,00 $ 3::!0 000.00
8 Reconstruction of BeltY Lane Station 0+12.5 to Station 7 + 22 1 L.S. $ 130000.00 $ 130.000.00 $ 156 000.00 $ 156.000.00
9 Rock Exc&wllon 100 CY $ 20.00 $ 2 000.00 $ 22.00 $ 2 200.00
10 Exc&wllon Below Normal Grade and Crushed Stona Refill 500 CY. $ 12.00 $ 6.000.00 $ 25.00 $ 12.500.00
110 lumber Left In Place 20 MFBM $ 0.05 S 1.00 S 1 500.00 S 30 000,00
11b StMI ShlOtlno Loft In Placll 75000 Las. $ 0.20 $ 15.000.00 $ 0.70 S 52 500.00
12 G~tllxtilo Fabric 500 SY. $ 3.00 $ 1.500.00 S 7.00 $ 3 500.00
13 Crushod Stona 100 CY. S 12.00 S 1.200.00 S 24.00 S 2 400.00
14 R1DRaD 100 CY. S 40.00 $ 4 000.00 S 115.00 $ 11 500,00
15 Additional Permanllnt Pavomont L1merock Baso Reoracomont 250 CY. $ 30.00 $ 7500.00 $ 38.00 $ 9 500,00
Additional 1 112 Inch Asphll"lc Concreto Permanont Pavomont
16 Surfacll Reel.cement (Tvce PC 1\ 500 SY. S 5.00 S 2.500.00 .$ 4.00 $ 2 000,00
Additlonal1112 Inch Asphaltic Concrote Tomporory Surface
17 Roplacement rrVDlI PC 3\ 500 SY. $ 4.00 $ 2 000,00 $ 12,00 $ 6 000.00
18 2 500 Dsl Concrote 200 CY. .$ 60.00 $ 12 000.00 $ 250.00 .$ 50 000.00
19 Abandon Exlstlna PIDollnas with Comont Grout 100 CY. S 60.00 S 6 000.00 S 158.00 $ 15.600.00
20 Inlot FOOT Indox 232. TIlDe C 6 EACH S 2.000.00 .$ 12 000.00 S 1 400.00 .$ 8 400.00
21 Mitored End Section FOOT Indox 272 for SIool015 Inch Plco 6 EACH S 700.00 $ 4 200,00 $ 1 000.00 .$ 6 000.00
22 15 Inch Relnrorced Concroto Ploe 200 LF. $ 30,00 .$ 6 000.00 S 39.00 S 7 800.00
23 Excavallon Crad/no. ComDactlon and OISDonl of Refuse 500 CY. S 10.00 $ 5000,00 $ 25.00 S 12500.00
24 Mlscollaneous Work .nd Cloan-Uo Assoclatod with DIvision "AO 1 LS. S 50,000.00 S 50 000,00 0$ 30 000.00 S 30 000.00
Bondi, Premiums and Insurance. Mobilization and Demobilization
2S Associated with DivisIon oAo 1 LS. S 50,000.00 $ 50 000.00 S 25 000,00 $ 25 000,00
26 Indomnlficallon Associated with Division "A" 1 LS, S 5.00 S 5.00 .$ 5.00 $ 5.00
DIVISION 080 DRUID ROAD TO JEFFORDS STREET
Gmss Uned Channel (East Sldo) and Interlocking Concreto Block
27 WalllWest Sldol Station 129 + 42 to Station 131 + 14 1 LS. S 40.000,00 $ 40 000.00 $ 110 000.00 $ 110 000,00
28 Grass Uned Channol Station 131 + 14 to Stallon 141 + 55 1 LS. 0$ 60.000,00 .$ 60 000.00 $ 190 000.00 $ 190 000,00
Grass Uned and Gablon Unod Channal and Channol BoUom Station
29 141 + 55 to Slatlon 146+68 1 LS. S 650 000,00 .$ 650 000.00 $ 461.000.00 S 461 000.00
30 Gmss Lined Channel Stotion 148+68 to Station 151 + 10 1 LS. S 40,000,00 $ 40 000.00 $ 66 000.00 $ 86 000.00
31 Joffords Streot DralnalJlI StNcturo Station 151 + 1 0 to Station 152+61 1 LS. $ 420.000.00 $ 420 000.00 S 492 000.00 $ 492 000,00
32 Mlscollaneous Work pnd Clean,UD Assoc:latlld with ~ivision "B" 1 LS, .$ 20000.00 S 20 000,00 S 30 000,00 S 30 000.00
Bonds. Promlums and Insuronco, Mobilization and OGmobillzatlon
33 Assocll1ted with Division "B" 1 LS. S 20 000.00 S 20000.00 .$ 20,000,00 .$ 20 000,00
34 Indemnification. Associated with DivisIon 'B" 1 LS. S 5.00 .$ 5.00 $ 5,00 $ 5.00
BIDDER'S GRAND TOTAL S 4.156.911,00 S 3.760610.00
BID SUMMARY
BIDS SOLlCIATEO " 30
BIDS SUBMITTED - 2
CONTRACTORS PICKING UP PLANS AND SPECS. .6
- NO RESPONSE
- - OVERSTREET PAVING COMPANY
JW CONNER & SONS
ROWLAND,INCORPORATED
WESTRA CONSTRUCTION CORP.
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.Ju'~17-96 02:51A
P.Ol
TO:
FROM:
COPIES:
Phon"
PhOno .
Fall'
2-
f< e -::.. Go
Richard Baier, City Engineer
. SUBJECT: Stevenson's Creek Stonn Wator Improvements, Phase 2SummBry ofproject Costs
DATE:
July IS, 1996
At work 8esfi~on today, Commissioners asked for 11 summary of project costs for the Stevenson's Creek
Channel Improvement, Phase 2 project. Following is a summary of project costs:
PrOJ;,n:ised for Award
Stevenson's Creek Channellmprovement, Phase 2 Constrnction
. Construction Management (PBS&I)
Stmctural Shop Drawing Review (CDM) .
Previous Costs
Stevenson Creek Project Design &. Regulatol)' Permiuing(CDM)
Constructability Review (pBS&J) .
Easement Acquisition (pBS&J)
Contract Preparation (PBS&.J)
Property.Pun:hascs and Appraisals
. Property Rental Income
Total Project Costs
$3,780,610.
S 327,003.
S 35,000.
S 329,100.
$ .6,700.
S 28.414.
$ S,2Sl.
S 521,696.
$ ( 40.000.)
$4,993,774.
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maccaferri gab ions
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fJabions
revet/reno rndUress
for
river works
soil COllservatinll
roads, railways, airpurts
chdnnel dnd e;:Hth fill linin9s
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I1em Ii
r .. J \ J CLEARW A TER CITY COMMISSION /.... I
t.:;: 1'-1 ~I Agenda Cover Memorandum If
Meeting Date
'1 dg .q~
sunJEcr: Stevenson's Creek Channel Improvement Contract, Shop Drawing Review
RECOMMENDATION/MOTION: Approve ProCessional Services Agreement with Camp Dresser & McKee, Inc. Cor
Review of Shop Drawing Submittals Cor the Stevenson's Creek Channel Improvement Contract in the amount oC $35,000. and,
00 and tJ1.1l tJlC appropriate officials be authorized to exccute smnc.
SUMMARY:
· The proposed Professional Services Agreement with Camp, Dresser & McKee, Inc. is to provide Shop Drawing Review for
the proposed stnlcturro improvements for Ule Stevenson's Creek Channel Improvement Contract. Post, Buckley, Schuh and
Jernigan, Inc. is proposed in a separate agenda item for Construction Contract Management of the Stevenson's Creek
Project. PBS&J has requested that the original engineer of record, Camp, Dresser & McKee, be the reviewer of shop
drawings for the major structural clements which will be constructed as a part of the overall Stevenson's Creek
improvements. The major structural improvements are: major roadway culverts and culvert additions at Pierce Street,
Franklin Street, Court Street and Druid Rond together with associated appurtenances mId gabion structures along Jeffords
Street. The contract documents caU for concrete culvert fabricators to prepare design of the principal structural clements
of each roadway culvert. CDM wilJ provide review of shop drawings prepared by the concrete culvert fabricator to ensure
that the culvert installations meet structural and regulatory requirements called for in the original design. This work will be
coordinaterl with both the City and PBS&J on an hourly basis with costs not to exceed $35,000.
· The funding in Capital Improvement Project 96102, Stevenson's Creek Improvements, is sufficient for the completion ofthis
project.
Leglll
ElllIlMerlng
Commllllon Action
R,III,w,d by:
~
Budget ~
Purchllllng ~
O"glnllllng Dllpt.
A IlproYlKl
Unr Oopt.
Fundinq Source:
Approved
w/conditlonll
Capt. Imp. x
Danled
RI,k Mgmt.
nil
Ad\ltlrtl.od:
OperatlnQ
Cont'd to
IS
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Datil:
Other
ACM
ENO,
OTHER
Pllpllr:
Not requulld:
(~~
Affected paltlu
notified
Appropriation Codlll"
Attachment.:
Submlt1.d By:
31 {).96to2.5612(l().539.00Q
Profe nlonal Service. Aglllllmant
CIty MlIOager
Not Allqutnld
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AGREEMENT
FOR
PROFESSIONAL SERVICES
This AGREEMENT is made and entered into on this _ day of . 1996, by and between the
City of Clearwater, Florida (CIlY) and Camp Dresser & McKee, Inc. (ENGINEER).
WITNESSETH:
WHEREAS the CIlY desires to engage the ENGINEER to perfonn certain professional services
pertinent to such work in accordance with this Agreement; and
WHEREAS the ENGINEER desires to provide such professional services in accordance with this
Agreement; and
WHEREAS the CITY selected the ENGINEER in accordance with the competitive selection process
described in Section 287.055 of the Florida Statutes, 'and the CIlY and the ENGINEER entered into an
~greement for Professional Services dated September 12, 1989.
WHEREAS, the ENGINEER has provided various professional engineering services pursuant to that
Agreement in connection with the pennitting, design and bidding of Phase 2 afthe Stevenson Creek
Drainage Improvement Project.
WHEREAS, the CITY and the ENGINEER consider that it is in the best interest of the CI'IY that the
ENGINEER provide various p~ofessional engineering services during project construction.
NOW, THEREFORE, in consideration of the premises and the mutual benefits which wilJ accrue to the
parties hereto in carrying out the terms of this Agreement, it is mutually understood and agreed as
follows:
1.0 GENERALBCOPE OF THIS AGREEMENT
The relationship afthe ENGINEER to the CITY will be that ofa professional consultant, and the
ENGINEER will provide the professional and technical services required under this Agreement in
accordance with acceptable engineering practices and ethical standards.
2.0 rROFESSIONAL TECHNICAL SERVICES
2.) , It shan be the responsibility of the ENGINEER to work with and for the CITY toward
solutions to engineering problems and the approach or tec1mique to be used toward
accomplishment of the CITY's objective for each project or assignment. The
ENGINEER's services shall typicaJly include, but not be limited ta, services as follows:
- Assist the Cityts Record Engineer in the implementation of the construction of the
Stevenson Creek Phase 2 Drainage Improvements Project.
, - Attend the pre-bid conference.
- Attend the pre-construction conference. .
- Review project shop drawings.
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- Assist the Cityts Record Engineer in responding to contractor requested plan
interpretation.
- Attend monthly project progress meetings over the anticipated project duration of 12 -
months.
- Provide project certification of construction completion to the appropriate regulatory
authorities.
- Assistance in the preparation of plan addenda requested by the City may be authorized
by a separate work order.
2.2 The ENGINEER shall maintain an adequate and competent staff of professionally
qualified personnel available to the CIlY for the purpose of rendering the required
engineering services hereunder, and shall diligently execute the work to meet the
completion time established.
2.3 TIle CITY reserves the right to enter into contracts with other engineering finns for
similar services.
3.0 PERIOD OF SERVIC&
3.1 The ENGINEER shall begin work promptly after receipt ofa fully executed copy of this
Agreement for professional services.
3.2 If the ENGINEERts services caUed for under this Agreement are delayed for reasons
beyond the ENGINEERts control. the time ofperfonnance shan be adjusted as
appropriate.
3.3 It is the intent of the parties hereto that this Agreement continue in force untU
completion of construction of the Stevenson Creek Phase 2 Drainage Improvement
Project, subject to the provisions for termination contained herein. The period of service
thereafter may continue on an annual basis subject to the approval of the CITY until
tenninated in accordance with other provisions in this Agreement.
4.0 . . OENERAL CONSIDERA TJONS
4.1 AU documents including drawings, specificationsJ calculations, etc., supplied by the
ENGINEER shall become the property oftbe CITY. The CITY acknowledges that such
documents are not intended or represented to be suitable for use by the CITY or others
for purposes other than those for which the documents are prepared. Any reuse of these
documents without written verification or adaptation by the ENGINEER for the specific
purpose intended will be at the CITY's sole risk without liability or legal exposure to the
ENGINEER.
4.2 The ENGINEER shall carry at all times, on all operations hereinafter, workman's
compensation insurance, public liability and property damage insurance, and automotive
public liability and property damage insurance. The insurance shall be written for not
less than the limits of liability specified below, or required by law, whichever is greater:
. Workman's Compensation and Employer's Liability; or as required by State
statute: $100,000
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. Comprehensive GeneraVAutomotive Liability (CGAL)t with a combined single
limit of not less than: $1,OOOtOOO
ENGINEER shaH provide CITY with certificates showing proof of required insurance
coverage. These certificates shan name the CITY as an additional insured. If the
required insurance coverage expires prior to completion of ENGINEER ts work herein, a
renewal certificate shaH be issued 30 days prior to said expiration date. Certificates of
insurance must be on filet with an approval from the CllY's office of Risk Management,
before any work activities commence. An policies shaJJ provide thirty (30) days notice
to the CIlY of any cancellation or modification to the policy.
4.3 The ENGINEER shan provide professional liability coverage with a company or
companies authorized to do business in the State of Florida in the amount of not less than
$500,000.
4.4 The CItY and the ENGINEER each bind themselves and their successors, legal
representatives and assigns to the other party to this Agreement and to the partnerst
successors, legal representatives and assigns of each other party, in respect to all
covenants of this Agreement; and, neither the CITY nor the ENGINEER will assign or
transfer its interest in this Agreement without written consent of the other.
4.5 The ENGINEER hereby agrees to indemnify, defend, save and hold harmless the CITY
from all claimst demandst liabilities and suits of any nature whatsoever to the extent
caused by any breach of this Agreement by the ENGINEER, the ENGINEER's
subcontractors, agents or employees, or any negligent act, error or omission of the
ENGINEER, the ENGINEERts subcontractorst agents or employees in rendering the
professional services called for herein. It is specificaHy understood and agreed that this
indemnification agreement does not cover or indemnify the CllY for its own negligence
or breach of contract.
.4.6 The ENGINEER agrees not to engage the services or any person or persons in the
employ of the CITY to an allied capacityt on either a full or part~time basist on the date
of the signing of this Agreement, or during its teon.
5.0 CQMPENSA TION
5.1 Th~ ENGINEER shall be compensated for aH services rendered under this Agreement up
to an amount not to exceed $35,000. upon presentation of ENGINEER's invoice.
5.2 Compensation shall be computed on the basis of actual costs times a multiplier as
determined by the following fonnula:
Payroll Cost x Multiplier + Subconsultant Cost + Other Direct Costs
Where: Payroll Cost is equal to direct labor costs multiplied by 1.365. This factor
(1.365) is established as the fringe benefit rate and is subject to annual revision
and audit to reflect actual fringe benefit rate.
Multiplier 2.25 includes overhead, operating margin and profit and is subject
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to annual review.
Subconsultant Costs are actual costs incurred times a factor of ] .00.
Other Direct Costs are actual costs incurred for travel outside of the Tampa
Bay area, printing, copying, long distance telephone calls, etc., times a factor
of 1.00.
I.
S.3 . The compensation for services shall be invoiced by the ENGINEER and paid by the
CI1Y once ~ch month. Such invoices shall be due and payable upon receipt.
5.4 The ENGINEER agrees to allow full and open inspection of payroll records and
expenditures in connection with hourly rate and cost plus fIXed fee work assignments
upon requeSt of the CI1Y. . . .
'6.0 pROIDBITION AGAINST CONTINGENT FEES
. . The ENGINEER wmrants that it has not employed or retained any cO,mpany or person, other than a bona
fide employee working solely for the ENGINEER, to solicit or secure this Agreement and that it has not
paid or agreed to pay any persons, company, corporation, individual or finn, other than a bona fide
employee working forthe ENGINEER any fee, commission, percentage, gift, or any other consideration,
contingent upon or resulting from the award or mak,ing of this Agreement. . e
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7.0 TE8MJNA nON
This Agreement may be tenninated by either party with seven (7) days prior written notice, in the event
of substantial failure to perfonn in accordance with the tenns hereof by the other party through no fault
of the terminating party. If this Agreement is tenninatcd, the ENGINEER shall be paid in accordance
with the provisions of outstanding Work Orders for all work perfonned up to the date oftennination.
8.0 SUSPENSiON. CANCELLA nON OR ABANDONMENl'
, If the project described herein is suspended, canceled, or abandoned by the CIlY, the ENGINEER shaH
be given five (5) days prior written notice of such action and shall be compensated for professional
services provided up to the date of suspension, cancellation or abandonment.
. TIlis Agreement shall be administered and interpreted under the laws of the State ofFlorid~.
9.0 TERMINATION OF CONVENIENCE
'\
Either the CllY or the ENGINEER may tenninate the Agreement at any time by giving written notice to
'the other ofSuch tcnnination and specifying the effective date of such tennination at least thirty (30)
days before said tennination date. (fthe Agreement is tenninated by the CITY as provided herein, the
, ENGINEER will be'paid for seryices rendered through the date oftennination. '
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IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the date and
year rust above written.
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. 'Countcrsi~ed:
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Rita Garvey .
.,. i Mayor-Commissioner
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, , Approved as to fonn. and correctness:
. .
.. Pamela Akin
City Attorney
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CAMP DRESSER & McKEE INC.
BY.~~~
Thomas W.Burkc, P.E.
Vice President
By:
CllY OF CLEARWATER
. ..
Attest:
By:
Elizabeth Deptula
City Manager .
Cynthia E. Goudeau
City Clerk
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CLEARWATER CITY COMMISSIO/ tJ
Agenda Cover Memorandum ~ ~
Meeting Dalc
7. I~ 'Cf~
SUBJECT: Stevenson's Creek Chnnnellmprovement Contrnct, Construction Contrnct Management
RECOMMENDATIONIMOTION: Authorize Continuing Consultant Services Work Order (attnched) to Post, Buckley,
Schuh and Jernigan, Ine. for Construction Contract Management of the Stevenson's Creek Channel Improvement Contract in
the amount of $327,003.00 and,
[EJ and tllat (llc appropriate officials be aulllorizcd to cxcculc &1mC,
SUMMARY:
. The proposed Work Order Approval provides that Post, Buckley, Schuh and Jernigan, Inc. provides full time Construction
Contract Management for the proposed second phase of stormwater flow enhnncements along Stevenson's Creek from the
southerly tenninntion of improvements in Phase 1 at Pierce Street to the intersection of Jeffords Street and Hmcrest Ave.
. A separate agenda item provides for award ortbe construction contract to Kamminga & Roodvoets, Inc. of Tampa, Horida.
. PBS&J will provide the following services: Construction Observation for quality control and regulatory compliance; traffic
control systems observation (particularly important for the Court Street Culvert Addition); coordination of citizen inquiry
and involvement; field engineering chnnges as necessary; materinls tcsting; construction records, paymcnt mensurements and
processing; record drawings and compliance certifications required by pennit agencies.
. Surveying layout and as-built records data acquisition will be performed by Engineering Services Division Survey Crews.
. Project wiU be constructed in mini-phases as required by regulatory permits. The mini-phases will be: Pierce Street to
Franklin Street, Franklin Street to Court Street, Court Street to Druid Road, Druid Road to Jeffords Street and along
Jeffords Street to the Hillcrest Ave. intersection.
. Projcct will start on or about August 1, 1996, and be completed in 375 calendar days.
. The funding in Capital Improvement Project 96102, Stevenson's Creek Improvements, is sufficicnt for the completiolJ of lids
project.
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Orlglnatlng Dept.
Englnearlng
Co.t.: '327.003.00
Convrillloll Action
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(Currant FYI
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BudQot
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Appropriation Codal'l
Attachments:
Subtritted By:
316.96102.561200-539.000
Work Ordor
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CITY OF CLEARWATER
ENGINEERING DEPARTMENT
PBS&J WORK ORDER INITIA nON FORM
Date: April 16, 1996
PBS&J Project No. .
City Project No. SC - 04 1796
1. pROJECT TITLE~
Stevenson's Creek Improvements - Construction Phase Services
2. SCQPE OF WORK:
See the attached scope of services.
3. PROJECT GOALS:
Provide construction phase services for the Stevenson's Creek Improvement project,
including construction engineering, observation and contract administration.
4~ BUDGET:
A maximum fee of $327,003 shall be used for the Stevenson's Creek Improvements -
Construction Phase Services.
5. SCHEDUL~
Scope and fee are based on the nineteen month schedule called for in the contract documents
prepared "by others".
6. FBS&J STAFF ASSIGNMENTS:
j'
Jim Bishop
Mark Isaak
. Jim Moser
877-7275
877-7275
877-7275
7. CORRESPONDENCE! REPORTI~G PROCEDURES:
Correspondence will be sent to Teny Jennings. Copies will be routed to Richard Baier.
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8. INVOICINGIFUNDING PROGBDt.1Rf:S:
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The budget for this work is a maximum of $327,003 based on actual time and direct
reimbursable costs expended. A monthly invoice will be submitted. Invoicing method A,
.costs times multipJierbasis shall be used.
City Invoicing Code: J 15-96 102-561200-539-000
.9.
. SPECIAL CONSIDERA TlONS~
This work order is based on a nineteen month schedule of construction. The estimated fee
is directly related to actual construction time.
10.
. PROJECT CO~LETION REPOR.I;
The completion of this project will consist of certification of the construction of the
. Stevenson's Creek Improvements.
PREPARED BY;
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POST, BUCKLEY, SCHUH & JERNIGAN, INC.
5300 W. Cypress Street, Suite 300
Tampa, Florida 33607
CONSTRUCTION ENGINEERING AND OBSERVATION SERVICES
TO BE PERFORMED DURING THE CONSTRUCTION OF THE .
STEVENSON CREEK IMPROVEMENTS
SCOPE OF SERVICES
The consbuction of these improvements is a continuation of the Stevenson's Creek Master Drainage
Plan. The proposed location of the improvements is along the main branch of Stevenson's Creek
from Pierce Street to Hillcrest. The proposed construction generally consists of channel widening,
lining, and environmental treatment and mitigation.
Task 1 - Purpose
This scope of work describes and defines the services which are required for construction
. engineering, observation and contract administration for the construction of improvements to
Stevenson's Creek.
Task 2 . Scope
Post. Buckley. Schuh & Jernigan, Inc. (PBS&J) shall be responsible for construction engineering,
obseJVation and administration as defined in this Scope of Services. PBS&J shall utilize effective
control procedures in order to provide engineering certification so that the construction of the project
is perfonned in substantial confonnity with regulatory permits, the plans, specifications and contract
provisions.
PBS&J shall provide technical and administrative personnel in appropriate numbers at the proper
times to cany out the responsibiliti~ assigned under this work order. Services shall be perfonned
in accordance with the established standard procedures and practices of the City. After written
authorization to proceed, PBS&J shall provide the specific construction engineering services
described herein for the project duration, which for budgeting purposes is estimated at 19 months.
In order to allow sufficient time for the PBS&J to schedule his activities, the City will provide
PBS&J 20 calendar days advance notice of the execution date oftbe construction contract.
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Task 3 .. Requirements
PBS&J shall observe the Contractor during the various operations performed to witness that the
materials and methods used by the Contractor conform to the specifications of the contract and
designated notes on the plans. PBS&J shaH advise the City of any omissions, substitutions, defects
and deficiencies noted in the work of the Contractor and the corrective action taken. The work
provided by PBS&J shall, in 0.0 way, relieve the Contractor of responsibility for the satisfactory
perfonnance of the construction contracts.
In conjunction.with the fulfilling of these responsibilities, PBS&J shall furnish the specific services
described below:
A. Review of Submittal Data: Coordinate the review and approval of shop drawings
and substitution requests supplied by the Contractor with the Engineer of Record
(Camp, Dresser, & McKee). Camp Dresser & McKee will review and approve shop
drawings and substitution requests for substantial confonnance with the design
concept of the project. PBS&J shall receive and review (for general content as
required by. the Contract Documents) maintenance and operating instructions,
schedules, guarantees, and certificates of inspection which are to be assembled by the
Contractor. Provide copy of all approved submittals to the City.
B. On-site Inspection: Provide services to monitor the Contractors on-site
construction operations and to observe material entering into the work as required to
see that the quality of workmanship and materials is such that the project will be
completed in substantial conformity with the plans, specifications and other contract
provisions. PBS&J shall keep detailed, accurate records of the Contractor's daily
operations and significant events that affect the work. .
C. Testing: PBS&J shall determine the acceptability of all materials and completed
work items on the basis of either test results or verification of a certification, certified
.Eli11 analysis. DOT label. DOT stamp. etc.
PBS&J shall provide daily surveillance of the Contractor's Quality Control activities
at the project site in regard to concrete. PBS&J shall perfonn all necessary
surveillance and observation of the on-site asphalt operations.
The PBS&J shall provide certified Technicians for all on site observations.
D. Management Engineering Services: PBS&J shall perform all management
engineering services necessary to properly coordinate the activities of all parties
involved in accomplishing completion of the project. PBS&J shall maintain
complete, accurate records of aU activities and events relating to the project; to
properly document all significant changes to the project; to provide interpretations
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of the plans, specifications and contract provisions; to make recommendations to the
City to resolve disputes which arise in relation to the construction contracts~ and to
maintainan adequate level of surveillance of the Contractors activities. PBs&J shall
also perform any other management engineering services nonnany assigned to a
project engineer that arc required to fulfill its responsibilities under this agreement.
An recoroation and documentation will be in accordance with the City's procedures,
fonnats and content. Services include the {oJ)owing:
1. Maintain on a daily basis a complete and accurate record of all construction
related activities and events relating to the project and a record of all work
completed by the Contractor, including quantities of pay items completed in
conformity with City procedures and specifications.
2. Maintain a Project Diary in conformity with the City's format.
3. Maintain a log of all materials entering into the work with a proper indication
of the basis of acceptance of each shipment of material.
4. Maintain records of all submittal dates and testing accomplished and analyze
such records required to ascertain acceptability of materials and completed
work.
5. Conduct construction progress meetings monthly' or as needed, prepare
minutes of the meetings and a list of attendees.
6. Provide one part time (22 hrs/week) resident project engineer, one senior
inspector full-time (40 hours per week), and one inspector working as needed
during the construction period, which will not exceed the hourly limits
indicated in Exhibit II All The resident project engineer and staff shall obseNe
the work of the contractor, prepare daily observation reports, identify the
location of work installed that significantly differs from the location shown
on the plans, communicate with the design engineer, contractor and the City.
PBS&J shall, by providing full time construction engineering services,
observe the construction of improvements such that a certification of the
project's substantial compliance with the approved plans and specifications
can be made.
7. Notify the City of observed permanent work which does not substantiaJJy
conform to the contract documents, prepare a written notice describing any
apparent non-conforming permanent work, make recommendations to the
City, and request the Contractor to carry out the acceptable corrective
measures, if authorized by the City.
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8. Once each month, prepare a comprehensive tabulation of the quantity of each
pay item satisfactorily completed to date, Quantities shall be based on daily
records or calculations. Review the Contractors applications for payment and
accompanying data and schedules. Based upon on-site observations, PBS&J
shall detennine the amount owing to the Contractor and recommend in
writing, payments to the Contractor in such amounts. Such recommendations
of payment will constitute a representation to the City based on such
observations and review, that the work has progressed to the point indicated
and that, to the best of his knowledge, infonnation and belief, the quality of
the work is in substantial accordance with the Contract Documents. PBS&J
will not be deemed to have represented that he has made any examination to
detennine how or for what purposes the Contractor has used the monies on
account of the Contract Price, or that title to any of the Contracto~s work,
materials or equipment has passed to the City free and clear of any lien,
claims, security interests and encumbrances.
9. For interpretations of the plans, specifications and contract provisions,
PBS&J shall consult with the City and Engineer of Record when an
interpretation involves complex issues or may have an impact on the cost of
perfonning the work.
10. Analyze problems that arise on the project and proposals submitted by the
Contractor and prepare and submit recommendations to the City,
11. Analyze changes to the plans, specifications or contract provisions and extra
work which appear to be necessary to carry out the intent of the contract
when it is determined that a change or extra work is necessary and such work
is not within the scope and intent of the original contract. ReCommend such
changes in writing to the City for approval.
12. Analyze and recommend acceptance of the Contractors baseline schedule to
the City. Track the Contractors actual progress against the baseline schedule
and conduct monthly schedule update meeting with the contractor. These
meetings will be concurrent with construction progress meetings.
13. Analyze major problems that arise on the project and prepare a written
recommendation to the City.
14. When it is determined that a modification to the original contract for tbe
project is required due to a necessary change in the character of work,
negotiate prices with the Contractor and prepare and submit for approval by
the City a Change Order in accordance with applicable City guidelines.
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In the event that the Contractor gives noticet either written or verbal, that he
deems certain work to be perfonned is beyond the scope of the construction
contract and he intends to claim additional compensation, PBS&J shall
maintain accumte cost account records of such work. These records shall
. include manpower and equipment times and materials installed (temporary
or pennanent) in that portion of the work in dispute.
In the event that the Contractor submits a claim for additional compensationt
PBS&J shan analyze the submittal and prepare a recommendation to the City
covering validity and reasonableness of charges and conduct negotiations
leading to recommendations for settlement of the claim. Maintain completet
accurate force account and other records of work involved in claims.
In the event that the Contractor submits a request for extension of the
allowable contract time, PBS&J shall analyze the request and prepare a
recommendation to the City covering accuracy of statements and the actual
effect of delaying factors on completion of controlling work itemst
18.
Prepare and submit to the City a final estimate with backup computations
accompanying Computation's Booklet This task wiU be completed within
Thirty (30) calendar days after conditional project acceptance by the City.
19.
Monitor the project to the extent necessary to detennine whether construction
activities violate the requirements of the pennits. Notify the Contractor of
any violations or potential violations and require his immediate resolution of
the problem.
20.
Shop drawing/sample submittals and approvals shall be coordinated and shall
include maintaining cognizance of the status of each submittal as it
progresses through review and approval. PBS&J shall actively encourage all
reviewers to accomplish reviews promptly.
21.
Review laboratory test reports provided by an independent licensed testing
laboratory hired by the City for the testing of component materials and
completed work items for substantial conformance with the design concept
of the project and information given in the contract documents. Notify the
City of test reports which do not substantially conform to the contract
documents) prepare a written notice describing any apparent non..confonning
permanent work, make recommendations to the City and request the
Contractor to carry out the acceptable corrective measurest as authorized by
the City.
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Prepare certifications of construction completion for the City and pennitting
agencies acceptance of the project.
23.
Using CDM's original plan set PBS&J engineers shall convert City as-built
sUlvey infonnation into reproducible Final Record Drawings. These
drawings will be submitted to the City as part of the final certification.
Task 4 - Additional Construction Services not Included
The following work items shall be considered additional services:
A. Applying for or securing of any penn its.
B. Acts or omissions of any Contractor, any Subcontractor, or any of the Contractor's or
Subcontractors agents or employees or any other persons at the project site or othenvise
performing any of the work of the project.
c. Construction means, methods, techniques. sequences or procedures selected by the
Contractor or for any safety precautions and programs incidental to the work of
Contractors or for any'failure of the Contractor to comply with any laws. ordinances,
rules or regulations applicable to the construction work or for any failure of the
Contractor to perfonn the construction work in accordance with the Contract
Documents ,
D. Establishing field locations of tree banicades, limits of clearing, limits of construction,
. and erosion control or the installation of these items except as otherwise agreed to in
this contract.
E. Providing professional services made necessary by the default of the Contractor or by
major defects in the work of the Contractor in the perfonnance of the Construction
Contract.
F. Providing services after the tennination of the construction phase and the delivery of
final record drawings.
G. Preparing to seNe as an expert witness in connection with any public hearing.
arbitration proceeding or legal proceeding.
H. Issuance of stop work orders on the project.
I. Providing field offices or their support services.
J. Providing survey services.
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K. Review, approval or acceptance of adequacy of the contractors FOOT maintenance of
traffic at Court Street.
L. Reviewing. approving, inspecting. monitoring or accepting the Contractors daily
maintenance of traffic plan or activity including placement of warning signs and
bamcades, temporary stripping, use offlagmen or other items relating to the safety of
the traveling public on non FDOT work zones.
M. Assuming responsibility for the adequacy of designs prepared by others.
N. Testing of materials in the field or laboratory testing.
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Task 5 - Items to be Furnished by the City
The city shall furnish to PBS&! the following items as required to complete the project:
A. Adequate supplies of standard City forms.
B. Copies of all agreements betWeen the City and property owners adjacent to the project
site.
Task 6 - Project Duration
The City recognizes that the services herein identified are estimated based upon the limited
.construction and staffing durations listed in Exhibit "A". The fee is directly related to contract
duration. and will be increased as necessary should the construction activities exceed the 19 month
anticipated construction schedule. .
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POST, BUCKLEY, SCHUH & JERNIOAN
CrTY OF CLEARWATER ENGINEER OF RECORD CONTRACT
~ & O\I;-of.J'odwt ~
I'RO.IECT: ~ CR!!K c::oHSTlt oes.
cny MOJICT NO.
PDS&J MANAGER: JIM MOlSU
CITY MANAGER: TEMr JENNINGS
PBS&J OC CtwlMt & DATE:
1lATERW.:
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PLAH REPRODUcnON:
ShMU
1f.50 aI1Ml
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24 MIl 0 IO.T! ~ . 52 11IMb .. 1073
MIa 0 1078~ . .r-t. .. 10
MtI 0 SO 7! bt8dtIrJe . ..... .. 10
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REPRODUcnoN:
115. u ~&-nlel 2QO fleO" Q lO.n pege x 76~. .. ,un
1.5111 u (1lIltlt1 0 '1.95 peQII ,. COIlit. 10
peQIn x ..
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s.cticn 0Mdn P"Il" 0 10.14 ptgt 1/ ~ . 10
1.5. U __ ~ 0 10.25 e<<tl 1II IhMlI . 10
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I.5s U bi'ldere t'WpOI'ta 0 10.50 NdJ lit bnJw .. 10
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PU8UC INFORMATION MEETlNGS:
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:Nlic FICiIfy AnII & s.w:1ly Rlnlal G SSW.oo loft; .. $0
:""""1On IloWdI (n:Ude. mlUllngl Soard, G $20.70 lloIIfa . so
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CoII\JU. Sld8~ (~& prllc.ul SIId8s G Ihcw .
~ ~ (>> $400 OJ SQlll . so
SId8.mw ElJJipn'" R.... Days C $235 OJ Oay . so
: T~ (8 ~ - 2/vwtlidIJ Vehodes G $0.25 171'" . mIles . SO
~n4 RMUllD tranapcxt MMmg Mall Tn.do; 0 576.75 Tn.do. .. 10
CqJJ ~ Notic:w ~ 0 SO 04 poact .. SO
SUI h. . Notic:w 10.34 .. SO
IlUSCEUANEOUS:
.. tSilll24 exp) 24 Roll 0 'T,6 RoI . Ili2
Fh~I'" t24 upI 24 Roll 0 15.15 Roll .. ,,3a
...... ( ~..... Prcjed) 10 mIet 0 10.25 mile . 380. .. tg50
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...... ( . to elll rniIn 0 10,25 mile . . . 10
TtaIIlll ~tofDOT) mJn 0 10.25 171" . ~ .. 10
1lllo s-ttIM P.-.:.b a 1225.00 e<<tl .. 10
COMPUTER COST
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1150 ton Q IT.01 tllU ..
SUBCONSUl.TANTS
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TOTAL EXPENSES . $9.253
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Cleanvater City Commission
Agenda Cover Memorandum
03
I telll II
Hautlng Date: ____
r;, I~.q?
SUBJECT:
Obstruction of Public Places
RECOMMENDATION/KOTION:
Approv~ amendments to Section 21.11, Code of Ordinances, relating to disorderly conduct and loitering, and
pass Ordinance No. 6060-96 on first reading.
~ and th.t the approprfate offfcfela be authorized to executa some.
BACkGROUND:
Section 316.2045, Florida Statutes (1995), prohibits persons from obstructing public streets,
highways, and roads, but does not prohibit a person from obstructing other public places such as
sidewalks. Police officers have prevented individuals from obstructing sidewalks by citing those
individuals under Section 21.11, Code of Ordinances, which prohibits an individual from standing
upon a city str~t so as to hinder or obstruct unreasonably the free passage of pedestrians or
vehicles therecm. Recently, a county court judge found a person not guilty, who had been issued a
citation by a Clearwater police officer for congregating with a crowd of other individuals on a
sidewalk adjacent to Mandalay Avenue on Clearwater Beach. The officer issued the citation
because the officer observed pedestrians having to walk into Mandalay Avenue in order to get
around the person after the person had been previously warned not to obstruct the sidewalk. The
judge reasoned that the defendant did not obstruct unreasonably the free passage of the pedestrian
because the pedestrian was able to walk around the defendant.
The amendments are intended to prevent a county court judge from interpreting the City's
ordinance in such a manner again. Moreover, the amendments will strengthen the ordinance
against an attack by someone challenging the ordinance on the grounds that the ordinance violates
a person's First Amendment right to assemble freely in a public place.
RevIewed by:
Legal
Bucfllet
purchasIng
alsk HFt.
CIS
ACM
Other
~~
(J
Costs:
TotaL
COIIIlII sa I on Act I on:
o Approved
o Approved w/condhlons
o Denied
C Contfnued to:
AdvertIsed:
Date:
Pepen
o Not Il:equl red
Affected P.rtfes
o NoH tied
Clot Rt<fJt red
Current Fiscal Yr.
fl.rdlno Source:
[J capHaL IqJ.
[J operating
[J Other
AttochlDents:
Ordfnance 21.11 Amendment
User Dtpt:
Approprfetton Code:
C None
o PrInted Clf'l recycled peper
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ORDINANCE NO. 6060-96
AN ORDINANCE OF THE CITY OF'
CLEARWATER. FLORIDA, RELATING TO
DISORDERLY CONDUCT AND LOITERING;
REPEALING SECTION 21.11 (e); AMENDING
SECTION 21.11 (2)1 TO PROHIBIT THE
OBSTRUCTION OF PUBLIC PLACES;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the mass gatherings of individuals on the sidewalks and other
property utilized by the public within the City of Clearwater. in particular, the sidewalks
on Clearwater Beach, sometimes endanger the safe movement of pedestrians or
vehicles thereon by hindering or obstructing the free passage of pedestrians and
vehicles;
WHEREAS, on numerous occasions, the mass gatherings of individuals on
sidewalks and other areas utilized for public use have caused pedestrians to have to
walk out into vehicular traffic on public streets in order to maneuver around the mass
gatherings of individuals; and
WHEREAS, Section 316.2045, Florida Statutes (1995). prohibits the obstruction
of public streets, highways, and roads, but does not prohibit a person from obstructing
other public places; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA:
Section 1. 21.11, Code of Ordinances, is amended to read:
Sec. 21.11. Disorderly conduct; obstruction of public places loitering.
(1) Disorderly conduct. It shall be unlawful for any person acting either alone or
in concert with one or more persons to:
--.***
(d) Violently interfere with another person's pursuit of a lawful occupation; m:
(0) Halt-eF-attempt to halt oF-endeavor by PFGVGGattve-aGt&-to halt~the f)m'l of
vehiGlllaF-or pedestrian traffic upon any public stroet, highway. side~..valk of-way, or
GGAgregate '.\lith one or more peFSGAs-iA-SUGR-a-maRRer-as-tG-haJt....Gf...tmpeee tho flev.' of
vehicular or pedeatfiaR-tr-affkHJpon any public streetrRighway, siGewatks-er-way-aRd
reftlsa to clear the way upon lavAuI order; Of
Ordinance 6060-96
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00 (f) Engage in or solicit another to engage in lewd, lascivioust or dissolute
conduct in any public place or in any place open to the public or exposed to public
view.
(2) Obstruction of DubHe alaces Loitering. It shall be unlawful for any person
. after first being warned by a law enforcement officer or where a uno loitering;' sign-Ras
, been posted to willfullv loiter, stand, sit, or Iie-fn Of upon obstruct the free. convenient,
and normal use of the Pinellas County Trail or of any public or quasipubfic sidewalk,
street, curb, crosswalk, bicvcle path. walking area, mall or that portion of private
property utilized for public use, so as to endanaer the safe movement of pedestrians or
vehicres thereon hinder or obstruct unreasonably the froe passage of pedestr-ians or
vehicles thareOR; and no person after first beina warned by a law enforcement officer
shall willfully block or obstructt. or willfully: prevent the free access to the entrance to
any building open to the public.
'- "
Section 2. This ordinance shall take ~ffect immediately upon adoption.
I
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PASSED ON THE FIRST READING
PASSED ON SECOND. AND FINAL
READING AND ADOPTED
Rita GarveYt Mayor-Commissioner
Approved as to form and
legal sufficiency:
RlJ JwL1k
Robert J urette
Assistant ity Attorney
Attest:
Cynthia E. Goudeau
City Clerk
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Ordinance 6060-96
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Clearwater CIty Commission
Agenda Cover Memorandum
SUBJECT:
HPenny for Pinellas" Infrastructure Sales Tax Project List
RECOMMENDATION/MOTION:
Approve the attached ~~Penny for Pinellas", 1 % Optional Infrastructure Sales Tax Project List.
,.
00
and that the appropriate officials be authorized to execute same.
BACKGROUND:
In the Spring of 1997, County voters will be asked to approve an extension of the "Penny for PinelIas" optional
infrastructure sales tax for a second ten year period, from the year 2000 through 2010.
I
I
According to PinelIas County estimates, the City ofCleanvater will receive approximately $101,150,000 of proceeds
over the ten year period.
The attached list reflects the City of Clearwater's needs and recommended projects for this revenue source.
The list includes City projects totaling $96,900,000, leaving an unallocated reserve of $4,250,000.
Reviewed by: Originating Department: Costs: Commission Action:
Legal n/a City Manager n1a o Approved
Budget 'A...J Total o Approved w/Conditlons
Purchasing L.PIa User Department: o Denied
Risk Mgmt. n1a Current Fiscal Year o Continued to:
IS n/a Funding Source:
ACM Cl Ciplt.llmprovtmmll
Other Advertised: Cl Oprf.t1ns:
Date: Cl Othrn Attachments:
Paper: Proposed Project List
Submitted by: x Not Required Appropriation Code
/fZ~ Affected Parties:
0 N Dtifled o None
X Not Required
" Printed an recycled paper
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City of Clearwater
Proposed Penny for Plnellas Infrastructure Tax Project LIst
FY 2000 w 2010
I .
Fire and EMS
AddltlonllmDrovement of Fire Tralnlna Facllitv and UDarade of Fire Tralnina Tower
This expansion would consist of 3,188 square feet of building and an addittonal906
square feet of exterior covered area. The resulting building would provide additional
classroom space (three classrooms) and allow the existing classroom to be
converted to an administrative/Instructor area. The exterior covered area would
permit outside related class activities, even in Inclement conditions. If upgraded. the
facllity would then be practtcal as an alternate EOC site for the City. In addition, the
project would Include the refurbishment and addltton of an exterior stairway to the Fire
Training Tower. The refurbishment would include the replacement of all doors, to Include
the garage doors, and repair of deteriorating walls.
Extension and Reoavina of Fire Tralnlna Ground Track
This project would provide for an additional 1,000 feet of paved surface for driving
practice and testing for Fire and Police use. The total paved area would be
approximately one-half mile In length. The track will also provide addllional staging
capabilities In case of storm responses.
Subtotal
Streets
Memorial Causeway Bridae Reolacement
The project provides for the replacement of the existing drawspan bridge with a
highlevel fixed span' bridge
Mvrtle Avenue/Ft. Harrison Avenue Widenlna
Construct an additional northbound travel lane along Ft. Harrison Avenue from the
Intersection of Myrtle Avenue to Stevenson's Creek. . This addltlonallane will allow
north bound traffic on Myrtle Avenue to merge Into Ft. Harrison Avenue without
stopping, making the Intersection safer and more efficient.
Druid Road Widenlna
Druid Road is a narrow two lane facility running from the Bayfront to U.S. Hwy 19.
This project proposes to widen the facility from Ft. Harrison to U.S. Hwy 19 to three
lanes allowing a continuous tumlng lane is desirable. Additional widening for right
turn only lanes Is desirable at certain Intersections. Additional property will be
needed for stormwater treatment and minor right of way.
Traffic Sianal Mast Arm Installations
Convert existing signal systems to Mast Arm Installations as required by the State
of Florida to protect from damage from hurricane winds.
Various Intersection lmorovements
Various Intersection Improvements to Increase Intersection capacity, reduce delay
for traffic, and Increase rate of turning movements.
Various Pedestrian Bridges .
Install pedestrian bridge at various locations at creek and ditch crossrngs of arterial
highways where pedestrian traffic is anticIpated.
Page 1
544,500
100,000
644,500
13,000,000
225,000
121000,000
2,000,000
1,400,000
400,000
"
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"
Streets (continued)
Variable Traffic Message Boards
Purchase additional portable or pole mountable variable message boards to noUfy
public of traffic operations/detours for ongoing construction projects, direct traffic to
numerous beach parking facilitIes, and to provide Information to the public on
upcoming roadway projects or events.
City of Clearwater
Proposed Penny for Plnellas Infrastructure Tax Project List
FY 2000 R 2010
200,000
Mandalav Avenue Streetscaoe Proiect
Streetscape upgrade for two block area from Marianne to Baymont.
750,000
Gulfvlew Boulevard Streetscape Prolect
Streetscape upgrade for two and one-half block area from Coronado (N. Intersection)
to Adams Mark.
1,000,000
Bavmont Street Streetscaoe Prolect
Streetscape upgrade for a three block area from Mandalay to Clearwater Harbor.
200,000
Paoava Street Pedestrian Mall Prolect
Pedestrian mall improvements for a three block area from Mandalay to Clearwater
Harbor.
Subtotal
250,000
31,425,000
Parks and Recreation
Land Purchase - Magnolia Falls Property
Provides for the purchase of approximately 13 acres north of an existing
undeveloped park known as the North Clearwater Nature Park located on
McMullen Booth Road. The purchase of this property wlll allow for the extension and
preservation of one of Clearwater's unique environmental features lIMagnolla Falls."
In addition, the remainder of the non-sensitive open area of this property Is ideal for
additional soccer practice fields which are desperately needed for the participants
in North Clearwater. Approximately $330,000 Is available from the Sembler
mitigation to purchase this property.
500,000
North Greenwood Recreation Complex
This project will provide for the construction of a new Recreation complex In
the North Greenwood community. The complex will [nelude a new
multipurpose facility similar to the new Countryside Recreation Center with meeting
rooms, gameroom, gymnasium, exercise room, arts & crafts, etc.
2,000,000
North Greenwood Recreation Comctex Pool
A new family aquatics center would be built to replace the Holt Avenue Pool.
1,000,000
Ross Norton Recreation Comalex
This project will provide for the construction of a new Recreation Center similar to the
Countryside Community Recreation Center. It would include a new multipurpose
facility with meeting rooms, gameroorn, gymnasIum, exercise room, arts and crafts,
kitchen, etc. The current recreation center will be demolished in that it is old and
Inadequate to meet the needs of the citizens.
2.000,000
Salls Lake Park
The project will provide for the development of a small active park near McMullen
Booth Road east of Salls Lake. Facilities will include a basketball court, playground,
paths and picnic areas.
300,000
Page 2
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Parks and Recreation (continued)
City of Clearwater
Proposed Penny for Plnellas Infrastructure Tax Project List
FY 2000 - 2010
Moccasin Lake Nature Park
The project provides for renovations and enhancements to the existing trall and
boardwalk system as well as the development of the north 4 acre tract which Is not
accessible to the public and some Improved Interpretive exhibits.
200,000
Mornlm:lslde Recreation Complex
The project will provide for the construction of a new Recreatlon Center similar to the
Countryside Community Recreation Center. It would include a new multipurpose
facility with meeting rooms. game room, gymnasium, exercise room, arts and crafts,
kitchen, etc. The current recreation center will be demolished in that It is old and
Inadequate to meet the needs of the citizens. .
2,000,000
Cliff Stephens Park
ThIs project will provide for the upgrade and renovation of a popular passive park with
the Installation of three (3) picnic shelters, additional parking lot on the west side of
Falrwood Avenue and renovations of the disc golf course.
220,000
Forest Run Park Restroom Facllities
This project will provide for restroom facilities at a heavily used neighborhood park in
the Countryside area.
100.000
Marshall Street Park
The project wlll provide for the renovation or replacement of the existing restroom
facilities at Marshall Street Park and the construction of an additional picnic shelter
on the east side of the park.
100,000
WoodQate Park Improvements
The project will provide for additional parking and the renovation of the existing
restroom facilities.
150,000
State Road 60 Corridor Beautification Proiect
The project would provide for the beautification of the State Road 60 corridor from
McMullen Booth Road to U.S. 19. This will include areas around the overpass at
the Bayslde Bridge and U.S. 19.
250,000
Recreation Trails
This will provide for the expansion of the existing easVwest recreational trail into a
more functional width facility. This project will Include the addItion of asphalt tralls
next to or in place of existing concrete trails as well as some new spur trails
connecting it with other recreation centers and the Plnellas Trail.
1,500.000
Athletic Practice Field
The project will provide for the development of parking and Hghted youth athletic
fields on the approximate 9 acres that would be available if the Magnolia Falls
property were purchased.
300,000
McKav Plavfield Renovations
The project will provide for the renovation of the McKay Playfield Into an activel
passIve park which will Include sidewalks, picnic tables, trees and open space area.
150,000
Page 3
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Parks and Recreation ( Continued)
lake ChautauQua Park North
The project will provide for the development of an active and passive park on
approximately 20.8 acres located on the northern edge of lake Chautauqua and
south of Enterprise Road. The park will be similar to Forest Run Park and
Coachman Ridge Park and the faclllties wHllnclude a basketball court, tennis
courts, trails, parking, and a fishing pier to the lake.
CIty of Clearwater
Proposed Penny for Plnellas Infrastructure Tax Project List
FY 2000 - 2010
400,000
lake Chautauaua Park South
The project provides for the development of a passive park Including parking,
picnicking, fishing pier and dock on an undeveloped piece of property on the southern
edge of Lake Chautaugua southwest of the Boy Scout property. The park ties In with
the Soule Road park which Is located to the east. The construction 'of docks at
this park and Lake Chautaugua, and lake Chautaugua Park North will provide for a
unique system of canoe tralls and launch facilities. .
180,000
Renovation of Exlstlna Recreation Centers
. This project will provide for future renovations and repairs at various recreation
centers In the city Including Kings Highway, McMullen Park, Wood Valley, CBRC
and Countryside.
500,000
North Clearwater Nature Park
Provides for the development of a nature park In north Clearwater Including nature
trails and parking.
300,000
Infrastructure Facl1itv for Parks. Recreation Facilities & Nurserv
This project will provide for a new combined Infrastructure facility to house the Parks,
Recreation Facilities and Nursery Division employees, equipment and supplies.
Presently these operations are housed in residential neighborhoods in old structures.
This project does not include the cost of land for relocation.
2,500,000
14,650,000
Subtotal
LIbrary
Main L1brarv
Construction of a new main library of approximately 90,000 square feet.
12,000,000
L1brarv Branch Expansion
Construction of additional space at the East Library or an additional branch In east
Clearwater.
1,500,000
North Greenwood Branch Librarv
Remodel Martin Luther King Center Building for branch library or combination library/
recreation center facility. Approximately 6,000 square feet.
800,000
Subtotal
14,300,000
Page 4
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City of ClealWater
Proposed Penny for Plnellas Infrastructure Tax Project Ust
FY 2000 R 2010 .
Rocreatlon/Lolsu re/Habltat
,New Flshlno/Publlc Access Piers
Interest In the replacement of the Magnolia Street Pier and the use of the new
ooe fishing pier at the Clearwater Marina have exhIbIted contlnued public Interest for
marine access. The project would Include the constructlon of a canoe access pIer
at Bayshore Park on Tampa Bay lawn Bowling park adjacent to the bridge on
. Stevenson's Creek. lake Chautauqua and other suitable locations for both canoe and
kayak access. The project would also include the construction of fishing piers on
propertIes on Tampa Bay as property may be obtained, an additional fishing pier to
match the newly constructed fishing pier at the west end of the Memorial Causeway,
the replacement of the existing Memorial Causeway Draw Bridge with a fishing pier
upon constructlon of the new fixed span bridge, at City property on Island Estates in
lieu of a marina, at the Park property at Sunset Point Road and Edgewater Drive, and
on Clearwater Harbor as property may be obtained. These facilities would include
amenitIes such as restrooms, parking, lighting, and sIdewalks as necessary. Also
Includes Installation of a small wooden fishing pier cff the Seminole launch Ramps.
There would be no charge for fishing off the pier and it would be open to the general
public on a year round basis. In addition, this project would include Installation of a
small wooden fishing pier off the Clearwater Beach Recreation Center. This, too would
have no charge for fishing off the pier and would be open to the general public on a year.
round basis.
580,500
Subtotal
580,500
Public FacilitIes
Citywide Geoarachic Information System
Purchase the design, equipment, Implementation and staff training for a Citywide
Geographic Information System in coordination with existing Plnellas County GIS.
Memorial Causewav Civic Center
Renovation of the Memorial Civic Center to provide for the co-location
of a poUce substation, improved beach library, tourism and welcome center. and
a related parking garage to provide parking for the facility as well as additional parking
facilities for beach traffic.
1,500,000
7,300,000
Subtotal
8,800.000
Stonnwater
KSDOk Recreation and Stormwater Retention Area
The project provides for the purchase of the Kapok Trailer Park, which is subject to
flooding. This would create a stormwater flood plain, environmental enhancement
area and an upland recreation area which would be continuous with City park
properties on Drew Street, E.C. Moore Park and Cliff Stevens Park.
Stream Channel Protection. Various Locations
Install gablon structures along appropriate sections of stream channels in Clearwater
Including Stevenson's Creek and AlUgator Creek to control erosion and dIsposition
of solids In lake areas.
Page 5
~~;~_~~l.:.:Sli:.'i.it~..~. ",'~...; ~'1:f~L";' ~:J 104 'u~'U .
11,000,000
4,000,000 .
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Proposed Penny for Plnellas Infrastructure Tax Project List
FY 2000 . 2010
Stormwater (continued)
New Downtown Storm Outfall Ploe
Construct a new stormwater outfall pipe from the existfng PIerce Street Pond
approxlmately,2,500 feet to the Pierce Street outfalllocatlon using dIrectional
drill te~hnology. The problem In the past for constructing such an outfall system Is
the deep construction cuts through the downtown area. The dlrectfonal drill
technology will allow the construction with very little dIsruption.
Subtotal
Economic Development
Harbor Bluff Waterfront Park
Provides for a major waterfront regional attraction composed of park facilities, upland
and shoreline water features, and entertainment facilities. Waterfront theme sites
would be programmed for visitor amenltfes and transportation facllfties.
Economic Redevelopment and Environmental Assessment and Abatement
Funds are requested to address municipal owned property In and adjacent to the
Clearwater Brownfield Initiative Area.
Subtotal
Long Center Requests
. Provides funding to support infrastructure needs for the Long Center relative to
major upgrades and Improvements requested by the organization.
Long Center Subtotal
Ruth Eckerd Hall
Provides funding to support infrastructure needs for P.A.C.T.. Inc. (Ruth Eckard Hall)
. relative to major upgrades and improvements requested by the organization.
Ru.th Eckard Hall Subtotal
TOTAL ALL PROJECTS
. ,
Page 6
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1,500,000
16,500,000
2,000,000
5,000,000
7,000,000
1,000,000
2,000,000
96,900,000
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R. e. ::- fA. e.S. 1-
.,.IS vJkse5
THE NEXT DECADE
An Overview of the Capital Plan for PACT, lnc. (Ruth Eckcrd Hall)
1996-2006
In 1993, Ruth Eckerd Hall celebrated its Tenth Anniversary as one of the most
successful performing arts centers in the country. In that year, staff and the Board of
Directors began to look at the needs of the organization and physical plant for the next ten
years in order to maintain Ruth Eckerd Hall's position as a premier performing arts facility.
A number of critical issues surfaced in the planning sessions. Several of these have already
been addressed in the initial years of the second decade through careful budgeting and
responsible fiscal management. However, as planning progressed, it became clear that there
are many needs that are beyond the scope of normal operations. An inventory of capital
improvement projects was developed to address these needs.
The capital plan addresses items that are the consequence of the aging of the
structure, and that require replacement and compliance with ever changing codes and laws.
These are projects that require attention not only due to their importance in the operation of
the hall in a manner consistent with PACT's standard of quality, but also take into
consideration the growth of the organization that is a direct result of its successful operations.
The founding fathers of Ruth Eckerd Hall could not possibly have envisioned the dramatic .
increase in the demand for all parts of the facility, nor the expansion of what has been
described by a recent state site reviewer as the "most extensive and creative education
progrnm of all presenters in the state." Mainstage performances alone have been enjoyed by
more than 4t300,OOO patrons over the past twelve seasons. These numbers do not include
guests at the hundreds of functions that take place annually in the Margarete Heye Great
Room and other venues throughout the HalL. Weddings are booked more than a year in
advance. Summer children's programs take place in dressing roomsl on stage, in rehearsal
areas and outside under the trees. Classes are filled to capacity weeks before the start of
. summer programs. Office space for staff has encroached into valuable rehearsal areas and is
at capacity. In addition, PACT, Inc. has had little opportunity to take advantage of
technological advances introduced in the industry during the almost thirteen years since the
building was completed.
Another part of the capital plan addresses the accessibility t comfort and safety of
patrons who come to Ruth Eckerd Hall. The Americans with Disabilities Act requires
certain facility configurntions to accommodate those patrons with hearing, sight, mobility and
other impairments. The law is a federal act that requires compliance through design or
reasonable accommodation. Presently t the Hall meets ADA requirements by the actions of
staff through its guest relations program. In order to ensure that the facility remains in
complete compliance with the ADA not only to meet the minimum standard, but, considering
the makeup of the population of our community, exceeds the standard, PACT will have to
make a number of changes. Patron and staff comfort concerns include upgrading and
replacement of heating, ventilation and air conditioning systems, additional bathrooms,
additional parking (both handicapped and general parking), greater accessibility to the box
office and east entrance to the theater, more interior seating for handicapped and companion
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PACT, Inc., page 2
patrons, expansion of lobby area and additional interior and exterior signage.
Finally, the plan addresses enhancement and expansion of the facility that will keep
Ruth Eckerd Hall viable and competitive for the future. Planning for this phase is underway
and critical areas have been identified. Among those are increased technical capability,
especially considering the backstage requirements for lighting and sound of today's artists;
expansion of classroom and office space; increased security throughout the campus; grounds
improvement; additional performance space; and enhancement of the children's education
areas. Some of the improvements will assist revenue earning departments in increasing
profit. Others will increase the capabilities and s~ture of the organization and place PACT,
Inc. above the competition in artistic achievement.
The capital plan for The Next Decadt: of PACT is outlined in several phases:
Phase I, Preventive Maintenance and Upgrades, (1993-95) is complete and included:
Replacement of the entire mainstage floor. The 4,500 square foot stage is a suspended
floor composed of five layers suitable for the world class dancers that appear there. The cost
of this replacement was $46,000. This project was completed in 1994 and the floor has been
maintained with annual sanding and refinishing.
, , ,
Replacement of ticketing systems with hardware and software that fully integrated all
operations of the Hall including finance, box office and ticketing, food and beverage, house
management, marketing, education and development. The software for such a system is very
specialized and therefore quite expensive. After researching systems at other venues, PACT
purchased the Select system. It was installed in the summer of 1994 at an initial cost of
$290,916. Upgrades, additional software and hardware and staff training account for an
additional $30,000.
Replacement of the original telephone system. An aging telephone system for which parts
and new instruments could no longer be purchased, prompted PACT to research a telephone
system that could handle the large volume of calls and meet the technological requirements
for the next several years. That system was installed in December of 1995 at an original
cost of $60,907.
Additional smaller projects totaling $102,225
Total for Phase.l
$530,048.00
"
"
PACT, Inc., page 3
The cost of these capital improvements was covered through normal operations, in.
kind gifts, cash donations by individuals and corporations and through loans. During this
time, PACT, Inc. operated with a balanced budget. In fact, PACT has balanced its budget
the last six years.
In the summer of 1996, PACT, Inc. is planning to hire to prepare for the fund raising
that will be necessary to pay for Phases II, In and IV. PACT will also consult with
architects and engineers to develop the detailed plans for renovation and expansion projects at
the complex. Included in these plans is a feasibility study for not only the projects
themselves, but also the fund raising capacity of PACT, Inc. to accomplish them. PACT
will continue to make improvements that are necessary for the comfort and safety of patrons
and smooth operntion of the facility as the funding becomes available either through
.. operations or fund raising.
During the next three years, Pbase 0, 1996-1999, Equipment Replacement and
Upgrades under $45,000 and Computer/Software Improvements, projects are expected to
include:
Computer upgrades and e~ancements
Sound and lighting equipment replacement and upgrade
Auditorium renovations and enhancements
Stage renovations and enhancements
Equipment for rental and community activities
Great Room renovations and enhancements
Enhancement of the East Side Cafe area
Office and storage renovation and enhancements
Campus-wide safety and security renovation and upgrade
Campus-wide renovation and replacement
Campus-wide enhancement of revenue generating capability
. Project management for projects requiring outside management
$ 98,430.00
122,950.00
30,000.00 .
194,700.00
102,500.00
11,900.00
43,400.00
24,500.00
27,500.00
21,650.00
6,600.00
37,625.00
Total for Phase n
$721,755.00
Phase ill, 2000-2003, Major Renovations and Improvements, will include the large
projects that have already been identified as critically necessary for the current operation of
Ruth Eckerd Hall. These projects cannot be deferred and represent the greatest expenditures
in the plan. It is expected that fund raising for these projects will be well under way by this
phase and, in fact, some of the projects will have already been started. . These projects are
identified as:
Upgrade and addition of computer equipment
Sound and lighting renovations and enhancements
On stage renovations and enhancements
Backstage renovations and enhancements
$ 43,000.00
332,000.00
158,700.00
64,500.00
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PACT, Inc., page 4
Great Room renovations and improvements
Enhancement of East Side Cafe and Lobby areas
Office and storage renovations and enhancements
Restoration of Dress Circle Room for in-house/rental
Campus-wide safety and security renovation and upgrade
Campus-wide renovation/enhancement for ADA accessibility/comfort
Roof replacement including tiles, membrane and flat areas
Mechanical retrofit of HV AC
Auditorium accessibility reconfiguration
Project management, architectural and engineering costs
Total for Phase m
92,400.00
97,200.00
22,000.00
38,000.00
175,000.00
1,495,450.00
1,200,000.00
850,000.00
650,000.00
1,461,110.00
$6,679,360.00
Phase IV, 2003-2006, Facility Expansion, will be the final phase and will include
those projects felt to be critical for Ruth Eckerd Hall to adhere to its mission and to remain
competitive in the future. Projects in this phase will be more finitely identified when PACT,
Inc. concludes its current planning process. The internal long range planning is almost
finished, and the part of the exercise that includes the community is now in progress.
Projects currently under consideration include:
Increased technical capability
Expansion of lower level Great Room area for classrooms and offices
Increased campus-wide security
Grounds improvement
Additional performance space
Enhancement of children's education areas
Project management, architectural and engineering costs
,
Total for Phase IV
Total for The Next Decade
- Phase I
Total to be raised
340,000.00
1,120,000.00
33,500.00
850,000.00
1.437,500.00
495,000.00
1,197,280.00
$5,473,280.00
$13,404,443.00
530,048.00
$12,874,395.00
Throughout its history, PACT, Inc. has enjoyed the support of the community,
Pinellas County, the State of Florida and, most importantly, the City of Clearwater. This
long standing relationship has been profitable for both the citizens and the City of
Clearwater. Ruth Eckerd Hall has demonstrated itself to be a viable, attractive and fiscally
responsible "member of the business and cultural community. The economic impact of
PACT, Inc. In the Clearwater community can be measured by the number of employees
whose payroll (more than $2,000,000 annually) contributes to the health of the economy, the
number of auxiliary services that derive income from Ruth Eckerd Hall activities such as
caterers, florists, hotels, rental services, security services, parking services, and area
restaurants, and the businesses willing ~o relocate to a community that offers a full spectrum
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PACT, Inc", page 5
of cultural activities for its employees and their families. In moving toward the future,
PACf,' Inc.' is asking the City of Clearwater to be one of several partners in the evolution of
Ruth Eckerd Hall by means of Penny for Pinellas.
The strategy for raising $12,874,395 for Phases II, III and IV for the,completion of
capital projects as outlined above is:
. I
Penny for Pinellas
. State of Florida match for Penny for Pinellas
Fund raising from individual and corporate donations
Private foundations ..
$ 3,000,000
1,500,000
7,374,395
1,000,000
Total
$12,874,395
~"'.\' "
The partnership with the City of Clearwater and the contributions from individuals
and local corporations will be especially critical in the approach to private foundations. A
demonstration of strong local support ~ill be the. k~y to securing these funds. The start of
Phase ill of the plan would coincide with the start of funding from the second cycle of Penny
. for Pinellas.' Penny for' Pinellas funding would give this campaign the momentum to reach a
successful conClusion.
t'CVised Juno 18, 1996
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CITY OF CLEARW
Interdepartmental Correspondence
COPIes To:
OOMMrSSlON
JUN 0 7 1996
TO:
FROM:
Betty Deptula. City Manager
TiDa Wilson, Budget Director t:
PRI:SS
t:LERK I ATTORNEY
:
~ I
!I
I.
Additional Information - Capital Improvement Program & Penny f~r PineIlas
June 6, 1996
SUBJECT:
DATE:
,I have attached the updated "Penny for PineUas" list of proposed projects. The new list totals
$109.569,500. which exceeds PinCIlas County.s estimate of $101,150.000 by $8.419.000. Our
original list had a footing error on page 7. which excluded the two Public Facilities projects on
. . the previous page totaling $6M. .
,..' In addition. I have attAched the Department responses to your request for additional information
regarding proposed capital and Penny for Pinellas projects.
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CITY OF CLEARWATER
Interdepartmental ,ColTtSpondence
i
TO:
Distribution A
FROM: Tina Wilson, Budget Director
SUBJECf: Capital Improvement Program & Infrastructure Tax ~ Additional Information
Requests
DATE: May 22, 1996
I have attached the updated list of Penny for Pinellas projects for the years 2000 ~ 2010 as a result
of the Commission workshops on May 2f1' and May 211&.
Please review the list carefully. If the project description needs improvement, or clarification, I
would appreciate any revisions.
!be City Manager and the City Commission would like the following information as it relates to
each proposed project:
. The annual cost of operation (i.e. personnel, operating, debt service etc)
· The total nUmber of new employees (FI'E's) to service the project
. The value of land taken off the tax rolls
. The value of economic benefit to the City of Clearwater (i.e. special events,
programs, etc.) with estimated annual impact.
. Any other revemtes that would benefit the City such as user fees, impact fees, etc.
In addition, the City Manager would like the same information for all projects included in the
1996/97 - 2001/02 ProjX)sed Capitallmprovement Program. In some cases we already have
estimated operational costs and FrE's for the Capital Improvement projects, but we are lacking
the other information.
In order to respond to the Commission in a timely manner, we will need this information in the
Officc of Management and Budget by Friday. May 31. 1996.
If you have any questions, please give me a call at 5624643.
o
PrWId CWl Reeyded P.-
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City of Clearwater
Interdepartmental Corre...pondence
Ihwwt~
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TO:
Tina Wilson, Budget Director ~. . .
Captain Wayne R. Meissner, Support Services Division Commander ~
FROM:
COPIES:
Sid Klein, Chief or Police; FOe
SUBJEcr:
Capital Improvement PrograDlJ - Additional Inlormation
DATE:
May 24, 1996
In response to your memo dated May 22, 1996, the Police Department 118S DO Penny for
Pinellu projects on the schedule.
As to Capital Improvement projects, below is . list of those projecu and the aDswen to the
ltated questions If they apply:
Computer CODsultant Study - QuestiODJ N/A
Police Computer Network - Questions N/A
Radio Tower Fiber Cable Link - Questions N/A
Police Target System... Questions N/A
I'
City Driver Training FacWty
. Annual Cost or Operation - No additional penonuel
Debt Service - ApproL 595,500.00
No Dew employees
Land not on to. roDs at preseat
No impact .. to lpedal events
Possible user fees if'lurrounding cities and/or departments allowed to UH
, Beach Db1rict Substation - Project on hold, and will probably me modified significantly
I.
CouDtryside Substation Expansion -
Annual Cost ofOperadoD - Limited increase to existing operating expeDJa
Debt Service .. None
No Dew employees u a result of this project
EJ:plllSioa on CUlTalt lubstatioD property
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No Impact 00 .pecial eveon
No additional benefill to the city
Rad~o Switcli for Police Department.. Questions N/A.. current year budget
Old Oearwater Oay Neighborhood Patrol Substation
Annual Cost of Operation ..
No additional penonnel
Operating COlli .. ApproL $36,000.00 per year for utUities
Debt Service.. None
No new employea
Value orland lakeu ofTtbe to rolls.. ApproL $40,000.00
No anDual impla on city
If project developed in conjunction with Neighborhood Team
concept, there could be some internal charge backs to other city
. departments who are using the facUity.
Mobil Command Operations Center
Annual Cost of operation.. ApproL 55,000.00 per year
Debt Service .. ApproL 543,000.00
No new employees
No land involved .
No Impact on city
No revenues from project
Traffic Homicide Investigation Vebicle
Annual COlt of operation.. ApproL $4,000.00 per year
Debt Service .. ApproL 519,200.00
No new employea
No land involved
. No impact to dty
No revenues from project
Hostage Negotiator Vehicle
Annual Cost of operation.. ApproL 54,000.00 per year
Debt Service .. ApproL 519,200.00
No new employees
No land involved
No impact to city
No revenues from project
If you need any further information on the above please contact me.
WRMlwrm
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CITY OF CLEARWATER
INTEROFFICE CORRESPONDENCE SHEET
FIRE DEPARTMENT
.
TO I
Tina Wilson, Budget Director ~
Robert L. Davidson. Fire CbjeV~
Capital Improvement Program & Infrastructure Tax . Additional
Information Request
DATE : May 29, 1996
In accordance with your request omay 22, 1996, same subject as above, diC'l'Onowing ~
submitted:
FROM :
SUBJECf :
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:."()POPBRAnON:;-' ... EMPL.' :'" ,."ROW' ,':TO crrY'..,:,'~.'Ntm ....
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.~ PeNNY POR PINBIJAf\!..'
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Noac
AJ.rudy
aIJ RcIk
Increur.d
Fucrllhlcr
ErrlCic
Wre.ucd
JWltaI
Peel .
SS,ooo per
ExlclllioG aDd ~ or Fuc Tnlnina
OI'OU6d Tnd.
No meuuRbIc
Inaeasc
DemaJe ill
EmcI'J.RuG
Already Attidentl
oa RollI
No
Noac
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Emc
NoQaIl
NoDe
~uce
Loa of We
No New lad
PlciJlties Dama
No
Exleod
Vchldc ute
hIS R.cfurblmmcal
Nooc:
No
Plrc ED
No
Noae
Nalntabll
EAhaDc:c
fire
Suppra-
Ik:ID
ca bill
No
No Qall
Noac
No
H you have any questions, please do Dot hesitate to call.
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CITY OF CLEARWATER
lnterdepartment Correspondence Sheet
TO'
. ,
FROM:
Tina Wilson, Budget Director
. Richard J. Baler, Cily Engineer !~
Terry Jennings, Chief Engineer
Tom Miller, Assl Dir. EnglEnv;ronmental Management. '
Don Meerians, Assl Traffic Engineer
Gary Johnson, Project Coordinator
Tracey Bruehl Parking Facilities Manager
. Marty Pages, Admin. Support Mgr.
SUBJECT:. penny f<<?r Pinellas Projects
CC:
DATE:
May31,1996
Attachedare the comments on the projects proposed for the extension of the Pennies for
. Pinellas tax. ' ., ,'. ,. ,
None'ofthe proposed projects needed to be addressed by WPC.
If I can be of further assistance, please contact me at ext. 4780.
Attachments .
RJB/mp.
pennroujb
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. City of Clearwater
Interdepartment Correspondence Sheet
TO: Richard Baier, City Engineer
FROM: Claude .Howell, Civil Engineer n C t\1
,
COPIES: Terry Jennings, Chief Engineer
SUBJECT: Capital Improvement Program & Infrastructure Tax . AdditionaJ Information
DATE: May 31, 1996
Druid Road Widening:
The widening of Druid Road should not require any additional maintenance man.
hours Of operating expenses.. A newly constructed roadway generally doesn't
need any heavy maintenance for the first six years.
i
. I
,
Various Pedestrian Bridges:
The budget amount will allow the construction of approximately 12 bridges.
. Figuring 3 man-days per bridge a year for routine maintenance this will result in an
36 additional man.days per year total. Additional operating expenses would be
minimal
Hardening of City Structures for Hurricane Protection:
There should be no additional operating expense or man-hours associated with this
item.
. New downtown Storm Out-fall Pipe:
No additional recurring costs to the City.
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Interoffice Correspondence Sheet
To:
From:
Rich Baier, City Engineer .
Tracey Bruch, Parking Facilities Manager r!f;
Don Meerisns, Assistant Traffic Enginesr
Marty Pages, Admin. . Support Manager
cc:
Date:
May 29, 1996
AE:
elP - Penny for Plnellas Project.
:J
In response to your request, the following is information for the $4,000,000 assigned for the
proposed parking garage on the beach.
The annual cost of operation for a 400 space parking garage:
· Operating (Annual)
· Debt Service (P&I)
$ 115,200
500,000
. 615,200
Total
2). The Number of new FTE's = 4.8.
3). The garage would be built on the existing Memorial Civic Center property. There would
not be any new land acquisition.
4). The parking fees would generate annual gross revenue projected to begin at $300,000
with 8 4% growth psr year thereafter. Too major impact to the City would be additional
parking for certain special events and peak periods that currently generate more demand
than the existing parking supply on the beach. This could possibly be a factor in the City
being. comfortable with promoting more special events.
By copy of this memo to Marty, please include the information for this project in the
1996/97 - 2001/02 ProDosed CaDitallmDrovement Pro9ram as requested in Budget's
Memo dated 5/22/96.
Please let me know if there are any additional questions.
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From: om Miller, Assistant Director of EngineeringlEnvironmental
. tt~f!~_
Interoffice Correspondence Sheet
To: . Tina Wifson, Budget Ditector
cc: Rich Baier, City Engineer
M,arty Pages, Administrative Support Manager
Terry Finch, Environmental Programs Supervisor
Date: May 31, 1996
~E: elP & Infrastructure Tax - Additional Information Request
Per your request for additional information pertinent to Kapok Recreation and Stormwater Retention
Area, Environmental Management submits the following:
o Value of Land Taken Off the Tax Rolls: $3,350,000 (J 995 Assessment).
. Value of Economic Benefit to Clearwater: Based upon anticipated results of the AIliBator Creek
. Watershed Management Plan, .purchase of the Kapok Property would provide Clearwater with a
real opportunity to create a linear park along Alligator Creek from the proximity of U.s. Hwy. 19 to
Bayshore Blvd. A passive recreation park and trail could be created, much like the Pinellas Trall to
allow public access and eliminate real flooding potential to citizens of Clearwater. Revenues to
the City, lost through Public Ownership ($77,173) would be more than offset by increased
property valuation adjacent to the linear park.
Please let me know if additional information Is required.
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From: om MUler, Assistant Director of EngineerlnglEnvironmental
tti!~~_
Interoffice Correspondence Sheet
To: Tina WiJson, Budget Director
ec: Rich Baler, City Engineer
Marty Pages, Administrative Support Manager
Terry Finch, Environmental Programs Supervisor
Date: May 31, 1996
RE: elP & Infrastructure Tax . Additional Information Request
Per your request (or additional Information pertinent to Kapok Recreation and Stormwater Retention .
Area, Environmental Management submits the (allowing:
· Value of land Taken Off the Tax Rolls: $3,350,000 (1995 Assessment).
· Value of Economic Benefit to Clearwater: Based upon anticipated results of the Alligator Creek
Watershed Management Plan, purchase of the Kapok Property would provide ClealWater with a
. real opportunity to create a linear park along Alligator Creek from the proximity of U.S. Hwy. 19 to
Bayshore Blvd. A passive recreation park and trail could be created, much like the Pinel/as Trail to
aflow public access and eliminate real flooding potential to citizens of Clearwater. Revenues to
the City, lost through Public Ownership ($77, J 73) would be more than offset by increased
prop~rty valuation adjacent to the linear parle.
. Please let me know if additional information is required..
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CITY OF CLEARWATER
Interdeparbmental Correspondence
TOt
Tina Wilson, Budget Director
Arlita Hallam, Library Director
May 24, 1996
Penny for pinellas projects, 2000A2010
Prom:
Date:
Subject:
ESTIMATED COSTS:
MAIN LIB~Y:
Annual cost of operation (2000): $3,500,000
Assumes 4% annual inflation rate; installation of self-checkout
equipment; automated check-in systems; more efficient energy system;
less building maintenance and renovation. Debt service is not included
in this estimate.
Anticipated new staff: Probably one additional maintenance person and an
additional. computer person. Self-checkout/checkin will permit
.reallocation of some circulation staff.
Tax rolls: Use of East End property will take no land off the tax rolls.
Economic impact: Opens vista on bluff for development on east side of
Osceola; anchors East end of downtown corridor for potential development
between bluff and East End. Capability of enlarging festivals at
Coachman Park drawing more tourists and visitors. Cannot quantify
without independent research.
Revenues: Coffee shop?
LIBRARY BRANCH EXPANSION:
Recommend deleting from Penny for Pinellas and elP projects while
waiting to ascertain the impact of. the new Main Library. If the Main
Library is constructed closer to the east end of Clearwater, it may pull
, some of the usage of the East Branch. An addition to East would require
the acquisition of land. The only available land seems to be the
retention pond area to the rear of the building, as the east and west
sides are church properties. The library parking lot is currently so
crowded that customers frequently need to overflow onto the church
parking lots. We could not sacrifice that space for an enlarged
building. At this time, I would not recommend relocating the East
Library to the larger location or constructing an additional branch.
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.NORTH GREENWOOD BRANCH LIBRARY:
Annual cost of operation (2000): $125,000
Assumes estimated 4% annual inflation rate, one additional staff person,
and higher utilities in a larger building with more hours of service.
Does not included debt service. If a joint facility is constructed with
thepolice.department, some costs would be shared.
Anticipated new staff: One library assistant to provide coverage for
added hours of service.
Tax rolls: Martin Luther King property is not on tax rolls. A large
portion of the site at North Greenwood and Palmetto is projected for
demolition or is being used as a parking lot. A non-profit organization
uses the remaining structure on the property.
Economic impact: Greenwood/Palmetto site would encourage economic
.development on the south end of Greenwood. Use of the Martin Luther
King property would have no economic impact. The current library site
at Palmetto and Holt could probably be sold to the school district.
Revenues: None anticipated
BBACH BRANCH LIBRARY:
Annual cost of operation (2000): $100,000
Assumes estimated 4% annual inflation rate, one additional staff person,
and, inclusion in new or renovated Civic Center, which, in the past, has
absorbed utility and maintenance costs for the Beach Branch. Does not
include debt service.
Additional staff: Anticipates the addition of one staff member to
provide ~dded hours of service.
Tax rolls:
property.
No impact if constructed on current or adjacent city
Economic impact: The economic impact should be accredi ted to the ent ire
complex, not just the branch library.
Revenues: None anticipated.
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Interoffice Correspondence Sheet
To:
Tina Wilson, Budget Director
Scott Shuford, Director of Central Pennitting $S
From:
Subject:
Penny For Pinellas Projects
cc:
Betty Deptula. City Manager
Rich Baier, City Engineer
Alan Ferri. Economic Development Director
BiU Held, Harbonnaster
Ream Wilson, Parks & Recreation Director
Date: .
May 25. 1996
I am responding to your request for infonnation on the following Penny for Pinel1as projects:
1. Mandalay Avenue Streetscape
2. Gulfview Blvd. Streetscape
3. BaYmont Street Streetscape
4. Papaya Street Pedestrian Mall
S. Citywide GIS
6. Harbor BluffWatemont Park
7. Bayfront Marina Complex
From my department's perspective, there will be no annual cost of operation for any ofthese
projects other than the uopportunity cost" of having my existing staff review, plan and participate
in project implementation when their time might otherwise be occupied with other duties. In
effect, this project list provides us with a set of priorities for the coming years. No new FrE's
would be needed for these projects, nor is any taxable value lost.
Economic benefits are hard to calculate for these projects. However, I can provide the following:
. The beach streetscapc projects. assuming they are part oCa larger, coordinated
redevelopment program. will figure prominently in a substantial property tax value increase.
. Preliminary estimates of increases in the "South MandaIay" area due to redevelopment
indicate the potential for a S to 10 fold increase in tax values. Tied to a eRA TIP, the
r~ltin8 revenues could range from $500,000 to $1,000,000 annually for that area alone. I
cannot provide any other revenue projections due to increased tourism and retail spending.
but you might check with Alan Ferri for multiplier and other infonnation.
. Economic benefits of the Downtown bluffprojects are discussed in the attached page from
the Downtown Redevelopment Plan. You might go over the marina income estimates with
Bill Held. Ream Watson could possibly provide some additional information about the
economic benefits of increased park usage.
I hope this helps. Please advi~ if you have questions or comments.
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CITY 01' CLBARWA'l'Jta
INTBRDEPARTMENTAL CORREBPONDENCB
nOHI
Tina Wilson, Budget Director jj, A~
William c. Held, Jr.~ Harbormaste~~ .
Elizabeth M. Deptula, city Manager
CIP and Infrastructure Tax - Additional Information
TOI
COPIES I
SUBJECT I
DATE I
May 24, 1996
The below information is submitted on the updated list of Penny for
Pinellas projects for the years 2000 - 2010:
F-.ISHING PIER AT SEMINOLE LAUNCH RAMP
This project is the installation of a small wooden fishing pier off
the west end of the facility. The pier would be constructed by the
. Marine Department and free to the general public.
* The annual cost of operation: The annual cost of operation will
be extremely small and handled by launch ramp revenue.
* Total number of new employees: None.
* Value of land taken off the tax rolls: None.
* Value of economic benefit to the city, estimated annual impact:
None.
* Any other revenues that would benefit the city: None.
FISHING PIER AT CLEARWATER BEACH RECREATION CENTER
This project is the installation of a small wooden fishing pier off
the recreation center. The pier would be constructed by the Marine
Department and free to the qeneral public.
* The annual cost of operation: The annual cost of operation will
be extremely small and handled by the Marine Department
revenue.
* Total number of new employees: None.
* Value of land taken off the tax rolls: None.
* Value of economic benefit to the city, estimate annual impact:
None.
* Any other revenues that would benefit the city: None.
Please call me at 4964, it you have any questions.
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CITY OF CLEARWATER
Interdepartmental Correspondence
FROM:
Alan J. Ferri, Director Economic Development
~;-
TO:
Tina Wilson, Budget Director
SUBJECT: Capital Improvement Program
DATE: May 31, 1996
Here is the additional information you re.quested concerning the Economic Redevelopment
and Environmental Assessment and Abatement (CIP) for $5,000,000.
. There will be no additional cost of oparation
. This CIP will not result in any additional new employees
. No land will be removed from the tax rolls
.
My department has contract with the Center for Management and Economic Research
(CEMR) to evaluate the fiscal impact of this program on the general fund of the City.
Their preliminary research indicates the total return in additional Ad Valorem and
. Utility Tax Revenue will exceed this cost of investment.
. .
. The City will also benefit from additional sales tax revenue' and improved valuation of
environmentallv improved commercial property. CEMR's final report will be available
in June. I will request a presentation of their findings to the Commission at that time.
;)
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City of Clearwater
Proposed Penny for Pinellas Infrastructure Tax Project List
FY2000.. 2010
Eire and EMS .
Addltlonllmcrovement of Fire Tralnlm~ Facility and Uparade of Fire Tralnln!:! Tower
this expansion would consist of 3,1 aa square feet of building and an additional 906
square feet of exterior covered area. The resulting building would provide additional
classroom space (three classrooms) and allow the existing classroom to be
converted to an adminlstrativellnstructor area. The exterior covered area would
permit outside related class activities; even In Inclement conditions. If upgraded, the
facility would then be practical as an altemate EOC site for the City. In addition. the
project would Include the refurbishment and addition of an exterior stairway to the Fire
Training Tower. The refurbishment would Include the replacement of all doors, to Include
the garage doors, and repair of deteriorating walls.
Extension and ReDavina of Fire Tralnlna Ground Track
this project would provide for an additional 1 ,ODD feet of paved surface for driving
practice and testing for Fire and Pollee use. The total paved area would be
approximately one-half mile In length. The track will also provide additional staging
capabilities In case of storm responses.
Subtotal
Streets
Memorial Causeway Brldoe ReDlacement
The project provides for the replacement of the existing drawspan bridge with a
hlghlevel fixed span bridge
Mvrtle AvenuelFt. Harrison Avenue Widening
Construct an additional northbound travel lane along Ft. Harrison Avenue from the
Intersection of Myrtle Avenue to Stevenson's Creek. This additional lane will allow
north bound traffic on Myrtle Avenue to merge Into Ft Harrison Avenue without
stopping, making the Intersection safer and more efficient
Druid Road WidenlnQ
Druid Road Is a narrow two lane facility running from the Bayfront to U.S. Hwy 19.
This project proposes to widen the faclllty from Ft Harrison to U.S. Hwy 19 to three
lanes allowing a continuous turning lane Is desirable. Additional widening for right
turn only lanes Is desirable at certain Intersections. Additional property will be
needed for stormwater treatment and minor right of way.
Traffic Slanal Mast Arm Installations
Convert existing signal systems to Mast Arm Installations as required by the State
of Florida to protect from damage from hurricane winds.
Various Intersection ImDrovements
Various Intersection Improvements to increase Intersection capacity, reduce delay
for traffic. and Increase rate of turning movements.
Various Pedestrian Brldoes
Install pedestrian bridge at various locations at creek and ditch crossings of arterial
highways where pedestrian traffic Is anticipated.
Page 1
~~K)~~~1~~~1;; ~ft\l,n;l.'-J'r' .....~_.'
544,500
100,000
644,500
13,000,000
225,000
12,000,000
2,000,000
1,400,000
400.000
.'
City of Clearwater
Proposed Penny for Plnellas Infrastructure Tax Project List
Str~et8 fcontlnued~ FY 2000 - 2010
Variable Traffic MeSS8Qe Boards
Purchase additional portable or pole mountable variable message boards to notify
public of traffic operations/detours for ongoing construction projects, direct traffic to
numerous beach parking facilitIes, and to provide Information to the public on
upcomIng roadway projects or events.
Mandalav Avenue Streetscape Prolect
Streetscape upgrade for two block area from Marianne to Baymont.
Gulfvlew Boulevard StreetscaP8 Proiect
Streetscape upgrade for two and one~half block area from Coronado (N. Intersection)
to Adams Mark.
Bavmont Street Streetscaoe Proiect
Streetscape upgrade for a three block area from Mandalay to Clearwater Harbor.
Papaya Street Pedestrian Mall Prolect
Pedestrian mall Improvements for a three block area from Mandalay to Clearwater
Harbor.
Subtotal
Parks and Recreation
Land Purchase - MaQnolla Falls Property
Provides for the purchase of approximately 13 acres north of an existing
undeveloped park known as the North Clearwater Nature Park located on
McMullen Booth Road. The purchase of this property will allow for the extension and
preservation of one of Clearwater's unique environmental features "Magnolia Falls."
In addition, the remainder of the non-sensitive open area of this property Is Ideal for
addItional soccer practice fields which are desperately needed for the participants
In North Clearwater. Approximately $330,000 Is available from the Sembler
mitigation to purchase this property.
North Greenwood Recreation Comolex
This project wlU provide for the construction of a new Recreation complex In
the North Greenwood community. The complex will include a new
multipurpose facility similar to the new Countryside Recreation Center with meeting
rooms, gameroom, gymnasium, exercise room, arts & crafts, etc. In addition, a new
family aquatics center would be built to replace the Holt Avenue Pool.
Ross Norton Recreation Complex
This project wlll provIde for the construction of a new Recreation Center similar to the
Countryside Community Recreation Center. It would Include a new multipurpose
facility with meeting rooms, gameroom, gymnasium, exercise room, arts and crafts,
kitchen, etc. The current recreation center will be demolished in that It Is old and
inadequate to meet the needs of the citizens.
Frank Tack Park Recreation Center and lmorovements
The project will provide for a new neighborhood recreation center similar to the Kings
Highway Recreation Center as well as Improvements to the existing restroom
facility and storage area.
Salls lake Park
The project will provide for the development of a small active park near McMullen
Booth Road east of SaJls Lake. FaclHties will Include a basketball court, playground,
paths and picnic areas.
Page 2
200,000
750,000
1,000,000
200,000
.1
250,000
31,425.000 I
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500,000
4,000,000
2,500,000
1.000,000
300.000
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City of Clearwater
Proposed Penny for Plnellas Infrastructure Tax Project List
f!lrka and Recreation fcontlnuod) FY 2000.2010
Moccasin Lake Nature Park
The project provides fo~ renovations and enhancements to the existing trail and
boardwalk system as well as tho development of the north 4 acre tract which Is now
accessible to the pUblic and some Improved Interpretive exhibits.
200,000
Momlnaslde RAcreatlon Complex
The project will provide for the construction of a new Recreation Center similar to the
Countryside Community Recreation Center. It would Include a new multipurpose
facility with meeting rooms, gameroom, gymnaslumt exercise room, arts and crafts,
kitchen, etc. The current recreation center will be demolished in that It Is old and
Inadequate to meet the needs of the citizens.
2,500,000
Cliff Steohens Park
This project wlll provide for the upgrade and renovation of a popular passive park with
the Installation of three (3) picnic shelters, additional parking fot on the west side of
Falrwood Avenue and renovations of the disc golf course.
220,000
Forest Run Park Restroom Facilities
This project will provide for restroom facilities at a heavily used neighborhood park In
the Countryside area.
100,000
Marshall Street Part
The project will provide for the renovation or replacement of the existing restroom
facilities at Marshall Street Park and the construction of an additional picnic shelter
on the east side of the park.
100.000
WoodQate Park lmorovements
The project will provide for additional parking and the renovation of the existing
restroom facilities.
150,000
State Road 60 Corridor Beautification Prolect
The project would provide for the beautification of the State Road 60 corridor from
McMullen Booth Road to Highland Avenue. This will Include medians and areas
around the overpass at the Bayslde Bridge and U.S. 19 as well as planting of palm
trees along the entire route from McMullen to Highland.
250,000
Recreation Trails
This will provide for the expansion of the existing easVwest recreational trail Into a
more functional width facility. This project will Include the addition of asphalt trails
next to or In place of existing concrete trails as well as some new spur trails
connecting It with other recreation centers and the Plnellas Trail.
2.500.000
,. Athletic Practice Field
The project will provide for the development of parking and lighted youth athletic
fields on the approximate 9 acres that would be available if the Magnolia Falls
property were purchased.
300.000
Page 3
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City of Clearwater
Proposed Penny for PlneJlss Infrastructure Tax Project List
FY 2000 - 2010
McKav Plavfield Renovations
The project will provide for the renovation of the McKay Playfield into an activel
passive park which will Include sidewalks, picnic table$, trees and open space area.
150,000
Lake ChautaUQua Park North
The project will provide for the development of an active and passive park on
approximately 20.8 acres located on the northern edge of Lake Chautauqua and
south of Enterprise Road. The park will be similar to Forest Run Park and
Coachman Ridge Park and the facilities will Include a basketball court. tennis
courts, trails, parking, and a fiShing pier to the lake.
400,000
I.
lake Chautauaua Park South
The project provides for the development of a passive park Including parking,
picnicking, fishing pier and dock on an undeveloped piece of property on the southern
edge of Lake Chautaugua southwest of the Boy Scout property. The park ties In with
the Soule Road park which is located to the east The construction of docks at
this park and lake Chautaugua, and Lake Chautaugua Park North will provIde for a
unique system of canoe tralls and launch facilities.
180,000
Renovation of Exlstlna Recreation Centers
This project will provide for future renovations and repairs at various recreation
centers in the city including Kings Highway, McMullen Park, Wood Valley, CBRC
and Countryside.
500,000
North Clearwater Nature Pa~
Provides for the development of a nature park in north Clearwater inCluding nature
trails and parking.
300,000
Infrastructure Facility for Parks. Recreation Facilities & Nursery
This project will provide for a new combined Infrastructure facility to house the Parks,
Recreation Facilities and Nursery Division employees, equipment and supplies.
Presently these operations are housed in residential neighborhoods in old structures.
This project does not Include the cost of land for relocation.
2,50Q,000
ProDertv Purchase - Drew Street at McMullen Booth Road
Provides for the purchase of property on the southwest comer of McMullen Booth
Road and Drew Street (approx. 12 acres). The pUrchase of the property will
allow for future development and consolidation of softball and soccer !'leads
of the community. It is located between two existing city parks, EC Moore
Complex and Chesapeake Park
1,500,000
Property Purchase - E.C. Moore West
Provides for the purchase of property on the north side of Drew Street between
Eisenhower School and the E.C. Moore complex (apprx 26 acres). The purchase
of this property will allOYi for future development of athletic facilities.
1,950,000
Page 4
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City of Clearwater
Proposed Penny for Plnellas Infrastructure Tax Project List
FY 2000 . 2010
Parks and RecreatIon { Continued)
Softball fields and AauatIcs Park for East Clearwater
This project will provide for a new famIly aquatics center and the construction of 3
new softball fields and or practice fields to be located at Chesapeake Park and on
the George Hunt property. The Hunt property must be purchased In order to
accompllsh this project.
Subtotal
Llbrarv
Main Librarv
ConstrucUon of a new main Ilbrary of approximately 90,000 square feel
lIbrarv Branch Excansion
North Greenwood Branch Lib'rarv
Remodel Martin Luther King Center BuildIng for branch library or combination Ilbrary/
recreation center facility. Approximately 6.000 square feet.
Subtotal
RecreatlonILelsurelHabltat
New Flshlna/Publlc Access Piers
.Interest In the replacement of the Magnolia Street Pier and the use of the new
fishing pier at the Clearwater Marina have exhibited continued public interest for
marine access. The project would Include the construction of a canoe access pier
at Bayshore Park on Tampa Bay Lawn Bowling park adjacent to the bridge on
Stevenson's Creek, Lake Chautauqua and other suitable locations for both canoe and
kayak access. The project would also Include the construcUon of fishing piers on
properties on Tampa Bay as property may be obtained, an additional fishing pier to
match the newly constructed fishing pier at the west end of the Memorial Causeway,
the replacement of the existing Memorial Causeway Draw Bridge with a fishing pier
upon construction of the new fixed span bridge, at City property on Island Estates In
lieu of a marina, at the Park property at Sunset Point Road and Edgewater Drive, and
on Clearwater Harbor as property may be obtained. These facilities would Include
amenities such as restrooms, parking, lighting, and sidewalks as necessary.
Plnellas Trail on East Side of Clearwater
Pinel/as County Is considering the construction of an extension of the Plnellas Trail
on the easterty portion of the county to loop Into the present north and south ends
of the trail. The City may be Involved In the project just as we are Involved In the
section to be Improved through tho Downtown area. This would aJlow for funding to
assist the p~ject as necessary.
Subtotal
Page 5
~".1~.".'r..:~:'!i.;.~..;,~"L.,' ~~.:-;:'.trl"''i~..-",,~''''''''''''~'' .". .
2,000,000
24,100,000
12,000,000
1,500,000
800,000
14,300,000
1,000,000
500,000
1,600,000
..
, ".
.,
.... ,~ . j""" .... < .;' T' .
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. ,
City of Clearwater
Proposed Penny for PlneJJas Infrastructure Tax ProJoct List
FY 2000.2010
Public Facilities
Clearwater A/mark fmDrovements
The project Includes various Improvements to. the Clearwater Airpark IncludIng
enclosed hangars, runway extensions, lighting. replacement of the Main Terminal
Building, replacement of the MaIntenance Hangar. FI. FOOT approved Improvements
subject to a 50% matching grant.
Hardenlna of Cltv Structures for Hurricane Protection
The project provides for the "hardening" of City structures which will be used to
house C,lty employees during hurricane events or critical structures which will be
extensively used In hurricane recovery operations.
Cltvwlde Geoaraohlc Information Svstem
Purchase the design, equipment. implementation and staff training for a Citywide
Geographic Information System In coordination with existing Plnenas County GIS.
Memorial Causeway Civic Center
Renovation of the Memorial Civic Center to provide for the co-location
of a poflce substation, Improved beach library, tourism and welcome center, and
a related parking garage to provide parking for the faci1ity as well as additional parking
facilities for beach traffic.
Subtotal
Marina
Flshina Pier at Seminole launch Ramo
Installation of a small wooden fishing pier off the Seminole Launch Ramps. There
would be no charge for fishing off the pier and It would be open to the general public
on a year round basis. '
Fishlno Pier at the Clearwater Beach Recreation Center
Installation of a small wooden fishing pier off the Clearwater Beach Recreation
Center. There would be no charge for fishing off the pier and It would be open to the
general public on a year round basis.
Subtotal
Stonnwator
Kapok Recreation and Stormwater Retention Area .
The project provides for the purchase of the Kapok Trailer Park, which Is subject to
flooding. This would create a stormwater flood plain, environmental enhancement
area and an upland recreation area which would be continuous with City park
properties on Drew Street, E.C. Moore Park and Cliff Stevens Park.,
Stream Channel Protection. Various locations
Install gabion stnJctures along appropriate sections of stream channels In Clearwater
Including Stevenson's Creek and Alligator Creek to control erosion and disposition
of solids In lake areas.
Page 6
2,000,000
'.000,000
1,500,000
7,300,000
11,800,000
25,000
25,000
60,000
11,000,000
4,000,000
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City of Clearwater
Proposed Penny for Pine lias Infrastructure Tax Project List
FY 2000 .. 2010
Stormwater (Continued)
New Downtown Storm Outfall Ploe
Construct a new stormwater outfall pIpe from the existing Pierce Street Pond
approximately 2,500 feet to the Pierce Street outfall location using directional
drill technology. The problem in the past for constructing such an outfall system Is
the deep construction cuts through the downtown area. The directional drill
technology will allow the construction with very little disruption.
~
Subtotal
. Harbor Bluff Waterfront Park
Provides for a major waterfront regional attraction composed of park facIHtles, upland
and shoreline water features, and entertainment facllitles. Waterfront theme sites
would be programmed for visitor ammenlties and transportation facilities.
Bayfront Marina Complex
. Subtotal
Economic Redevelopment and Environmental Assessment and Abatement
TOTAL ALL PROJECTS
Other Possible Prolects
. Long Center Requests
Multi-purpose Faclllty
Construction of a 10,000 square foot facility with parking to Include an auditorium
and stage area, aerobics room, arts and crafts area, woodworking area; offices,
reception and circulation areas, storage; fitness room. chUd care area, multipurpose
classrooms and kitchen area. Includes approximately $500,000 for estimated
furnishings.
Outdoor Track
Construction of a 400 meter track with a 100 meter sprint are, four lanes wide, with
a high quality training surface. Allows for competitive and recreational uses and
maintains soccer and football practice sites within its perimeter.
Page 7
~~.~~__..c.~.: .
1,500,000
16,500,000
2,000,000
2,250,000
4,250,000
5.000,000
109,569,500
950,000
200.000
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City of Clearwater
Proposed Penny for Ptnellas Infrastructure Tax Project List.
" FY 2000 - 2010
Long Center Request. (Continued)
Parklna
The Long Center is In need of additIonal parking. The CSX Railroad property to the
south of the center Is a triangular shaped property of approximately 2.4 acres and an
estimated fair value of $200,000.. Development of the property for parking would
. cost an additional $522,720..
. Pedestrian Brldae
'The project would provide for an elevated pedestrian bridge from the CSX property
to the existing facility'.
Long Center Subtotal
Note: The CitY of Clearwater costs would be approximately 90% ($1,714,250),
. ,If costs are shared with Safety Harbor. excluding the land purchase and
parking, the City's share would be approximately $1,035,000.
i:
Page 8
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32,000
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MEMORANDUM
TO:
FROM:
Mayor and City Commission
. Tina Wilson, Budget Director C
Betty Deptula, City Manager'
VIA:
SUBJECT::i>roposed Penny Jor Pinellas Projects
~ '
DATE:
July 12, 1996
. I :have attached the Proposed Penny for Pinellas Infrastructure Proiects list which will be the
subject of further discussion at the Budget Work Session on Monday, July 15th .
,As you can. see, the total for all proposed projects is $109,569,500, which must be reduced to
$101,150,000, the estimate provided by the Pinelhis County Administrator. This is a net
. reduction of $8,419,500.
The following are staffs recommended reductions to the proposed project list:
Proiect
Property Purchase M Drew Street at McMullen (page 4) .
Property Purchase - E.C. Moore West (page 4)
Softball Fields and Aquatics Park for East Clearwater (page 5)
New FishinglPublic Access Piers (page 5)
Pinellas Trail on East Side of Clearwater (page 5)
Clearwater Airpark Improvements (page 6)
Net Reduction
Amount
. $1,500,000
1,950,000
2,000,000
469,500
500,000
2.000.000
$8.419.500
It is recommended that each of the above listed projects be eliminated, except for the New
FishinglPublic Access Piers, which we are recommending that the funding be reduced from
$1,000,000 to $530,500. In addition, funding is not recommended for projects proposed by the
Long Center or P.A.C.T.
o'J{(
"
"
,.
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City of Clearwater
Proposed Ponny for Plnellas Infrastructure Tax Project List
FY 2000.. 2010
Fire and EMS
Addltion/lmDrovement of Fir:! Tra;ninQ Facllitv and Uoorade of Fire Traininc Tower
This expansion would consist of 3,188 square feet of building and an additional 906
square feet of exterior covered area. The resulting building would provide additional
classroom space (three classrooms) and allow the existing classroom to be
converted to an administrativelinstructor area. The exterior covered area would
permit outside related class activities, even In inclement conditions. If upgraded, the
facility would then be practical as an alternate EOC site for the City. In addition, the
project would include the refurbishment and addition of an exterior stairway to the Fire
Training Tower. The refurbl3hment would include the replacement of all doorn, to include
the garage doors, and repair of deteriorating walls.
Extension and Repavlno of Fire TrainlnQ Ground Track
This project would provide for an additional 1 ,000 feet of paved surface for driving
practlce and testing for Fire and Police use. The total paved area would be
approximately one--half mile In length. The track will also provide additional staging
capabilities in case of stonn responses.
Subtotal
Streets
Memorial Causeway BridQe Reclacement
The project proVides (or the replacement at the exIsting drawspan bridge with a
highlevel fixed span bridge
Mvrtle AvenuelFl Harrison Avenue WldenlnQ
.Construct an additional northbound travel lane along Fl Harrison Avenue from the
intersection of Myrtle Avenue to Stevenson's Creek. This additional lane will allow
north bound traffic on Myrtle Avenue to merge Into Fl Harrison Avenue without
. stopping, making the Intersection sarer and more efficlenl
. Druid Road Widening
Druid Road is a narrow two lane facility running from the Bayfront to U.S. Hwy 19.
This project proposes to widen the facility from Ft. Harrison to U.S. Hwy 19 to three
lanes allowing a continuous turning lane is desirable. Additional widening for right
turn only lanes is desIrable at certain Intersections. Additional property will be
needed for stormwater treabnent and minor right of way.
Traffic Slonal Mast Ann Installations
Convert existing signal systems to Mast Arm installations as required by the State
of Florida to protect from damage from hurricane winds.
Various Intersection lmcrovements
Various Intersection Improvements to increase Intersection capacity, reduce delay
for traffic, and Increase rate of turning movements.
Various Pedestrian BridQes
Install pedestrian bridge at various locations at creek and ditch crossings of arterial
highways where pedestrian traffic is anticipated.
Page 1
,\!-.':'!'" t:.."t :--i'rJ'L,~"', ~ '. . .' .' .. . ~",:. ~ .<.c"T.... . .
. . . .. '. ..... ~,
544,500
100,000
644,500
13,000,000
225,000
12,000,000
2,000,000
1,400,000
400,000
"
-
-
-
.'
City of Crearwater
Proposed Penny for Plnellas Infrastructure Tax Project list
Streots (continued) FY 2000 . 2010
Variable Traffic MessaQe Boards
Purchase additional portable or pole mountable val ;able message boards to notify
publlc of traffic operations/detours for ongoing construction projects, direct traffic to
numerous beach parking facilities, and to provide information to the public on
upcoming roadway projects or events.
Mandalav Avenue StreelscaDB Proiect
Streetscape upgrade for two block area from Marianne to Baymont.
Gulfvlew Boulevard Streetscaoe Prolect
Streetscape upgrade for two and one-half block area from Coronado (N. Intersection)
to Adams Mark.
Bavmont Street Streetscaoe Proiect
. Streetscapa upgrade for a three block area from Mandalay to Clearwater Harbor.
Papaya Street Pedestrian Mall proleel
Pedestrian mall Improvements for a three block area from Mandalay to Clearwater
Harbor.
Subtotal
Parka and Recreation
land Purchase - MaQnolla Falls Property
Provides for the purchase of approximately 13 acres north of an existing
undeveloped park known as the North Clearwater Nature Pari<. located on
McMullen Booth Road. The purchase of this property will allow for the extension and
preservation of one of Clearwater's unique environmental features "Magnolia Falls."
In addition, the remainder of the non.sensitfve open area of this property is Ideal for
additional soccer practice fields which are desperately needed for the participants
in North Clearwater. Approximately $330.000 is available from the Sembler
mitigation to purchase this property.
North Greenwood Recreation Comolex
This project will provide for the construction of a new Recreation complex in
the North Greenwood community. The complex will include a new
multipurpose facility similar to the new Countryside Recreation Center with meeting
rooms. gameroom, gymnasium, exercise room, arts & crafts, etc. In addition, a new
family aquatics center would be built to replace the Holt Avenue Pool.
Ross Norton Recreation ComDlex
This project will provide for the construction of a new Recreation Center similar to the
Counbyslde Community Recreation Center. It would include a new multipurpose
. facility with meeting rooms, gameroom, gymnasium, exercise room, arts and crafts,
kitchen, etc. The current recreation center will be demolished In that it Is old and
Inadequate to meet the needs of the citizens. .
Frank Tack Park Recreation Center and Imorovements
The project will provide for a new neighborhood recreation center similar to the Kings
HIghway Recreation Center as well as improvements to the existing restroom
facility and storage area.
Salls Lake Park .
The project will provide for the development of a small active park near McMullen
Booth Road east of Salls lake. Facilities wlll include a basketball court, playground.
paths and picnic areas.
Page 2
200,000
750,000
1,000,000
200,000
250,000
31,425,000
500,000
4,000,000
2,500,000
1,000,000
300,000
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City of Clearwater
Proposed Penny for Plnolla. Infrastructure Tax Project List
Park. and Recroatlon (continued) FY 2000 . 2010
Moccasin lake Nature Park
The project provides for renovations and enhancements to the existing trail and _1/
boardwalk system as well as the development of the north 4 acre tract .which is "uw
accessIble to the public and some Improved Interpretive exhIbIts.
Mominaside Recreation Complex
The project will provide for the construction of a new Recreation Center similar to the
Countryside Community Recreation Center. It would include a new multipurpose
facility wIth meeting rooms, game room , gymnasium, exercise room, arts and crafts,
kitchen, etc. The current recreation center will be demolished In that it Is old and
Inadequate to meet the needs of the cltlzens.
Cliff SteDhens Park
This project wHl provide for the upgrade and renovation of a popular passive park with
the Installatfon of three (3) picnic shelters, additional parking lot on the west side of
FallWood Avenue and renovations of the disc golf course.
Forest Run Park Restroom Facilities
This project will provide for restroom facilities at a heavily used neighborhood park In
the Countryside area.
Marshall Street Park
The project will provide for the renovation or replacement of the existing restroom
facilities at Marshall Street Park and the construction of an additional picnic sheiter
on the east side of the park.
WoodQate Park ImDrovements
The project will provide for additional parking and the renovation of the existing
restroom facilities.
State Road 60 Corridor Beautification Proiect
The project would provide for the beauUfication of the State Road 60 corridor from
McMuDen Booth Road to Highland Avenue. This will Include medi8ft1 aM...arcas
around the overpass at the Bayside Bridge and U.S. 19.a,s UI~U as-ptdritltJg ufpa1m-
600s a10nw tt.e entire route from McMullen to HigAlaRd.
Recreation Trails
This will provide for the expansion of the existing eastlwest recreational trail Into a
more functional width facility. This project will Include the addltlon of asphalt trails
next to or in place of existing concrete trails as well as some new spur trails
connecting it with other recreation centers and the Plnellas Trail.
Athletic Practice Field
The project will provide for the development of parking and lighted youth athletic .
fields on the approximate 9 acres that would be available if the Magnolia Falls
property were purchased. '
Page 3
~._.._,J,"t'_"'..-':.~:".1.V:.~' .'
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200,000
2,500,000
220,000
100,000
100,000
150,000
250,000
2,500,000
300,000
"
City of Clearwater
Proposed Penny for Plnella! Infrastructure Tax Project List
FY 2000 - 2010
earka and Recreation ( Continued'
McKay PJavfield Renovations
The project w11l provide for the renovatIon of the McKay Playfield Into an activel
passive park which will Include sidewalks, picnic tables, trees and open space area.
Lake ChautaUQua Park North
The project will provIde for the development of an active and passive park on
approximately 20.8 acres located on the northern edge of Lake Chautauqua and
south of Enterprise Road. The park will be similar to Forest Run Park and
Coachman Ridge Park and the facilities will include a basketball court, tennis
courts, trails, parking, and a fishing pier to the lake,
Lake ChautaUQua Park South
The project provIdes for the development of a passive park inclUding parking,
picnIcking, fishIng pier and dock on an undeveloped piece of property on the southern
edge of Lake Chautaugua southwest of the Boy Scout property. The park ties in with
the Soule Road park which Is located to the easl The construction of docks at
this park and Lake Chautaugua, and Lake Chautaugua Pari( North will provide for a
unique system of canoe trails and launch facilities.
Benovatlon of ExlstlnQ Recreation Centers
This project will provide for future renovations and repairs at various recreation
centers In the cIty Including Kings Highway, McMullen Park, 'Nood Valley, CBRe
and Countryside.
North Clearwater Nature Park .
Provides for the development of a nature park In north Clearwater including nature
trails and parking. .
Infrastructure FaclUtv for Parks. Recreation Facilities & Nurser{
This project will provide for a new combined Infrastructure facility to house the Parks,
Recreation Facilitles and Nursery DivisIon employees, equipment and supplies.
Presently these operatIons Bre housed In residential neighborhoods In old structures.
This project does not Include the cost of land for relocation.
Prooertv Purchase - Drew Street ~t McMullen Booth Road
Provides for the purchase of property on the southwest comer of McMullen Booth
Road and Drew Street (approx. 12 acres). The purchase of the property will
allow tor future development and consolidation of softball and soccer needs
of the community. It is located' between two existing city parks, EC Moore
Compiex and Chesapeake Park
Prooertv PurChase - E.C. Moore West
Provides for the purchase of property on the north side of Crew Street between
Eisenhower School and the E.e. Moore complex (apprx 26 acres). The purchase
of thIs property will allow for future development of athletic facilities.
Page 4
O\J{R
150,000
400,000
180,000
500,000
300,000
2,500,000
1,500,000
1,950,000
P, .
,.
'. T, " ~ ~
City of Clearwater
Proposed Penny for Pfnellas Infrastructure Tax Project List
FY 2000 - 2010
Parks and Recreation ( Continued)
Softball fields and Aauatics Park for East Clearwater
This projecl will provide for a new family aquatics center and the construction of 3
new softball fields and or practice fields to be located at Chesapeake Park and on
the George Hunt property. The Hunt property must be purchased In order to
accomplish this project.
Subtotal
LibrarY
Main librarv
Construction of a new main library of approximately 90,000 square feet.
library Branch ExDanslon
North Greenwood Branch Llbrarv
Remodel Martin Luther King Center Building for branch library or combinatlon'l1braryl
recreation center facUity. Approximately 6,000 square feet
Subtotal
. RecreatfonJLelsurelHabltat
New rlShlnQ/Publlc Access Piers
Interest In the replacement of the Magnolia Street Pier and the use of the new
fishing pier at the Clearwater Marina have exhibited continued public Interest for
marine access. The project would Include the construction of a canoe access pier
at Bayshore Park on Tampa Bay Lawn Bowling park adjacent to the bridge on
Stevenson's Creek, Lake Chautauqua and other suitable locations for both canoe and
kayak access. The project would also Include the construction of fishing piers on
properties on Tampa Bay as property may be obtaIned. an additional fishing pier to
match the newly constructed fishIng pier at the west end of the Memorial Causeway,
the replacement of the existing Memorial Causeway Draw Bridge with a fishing pier
upon construction of the new fixed span bridge, at City property on Island Estates in
lieu of a marina. at the Park property at SUnset Point Road and Edgewater Drive, and
on Clearwater Harbor as property may be obtained. These facilitles would include
amenities such as restrooms, parking, lighting, and sidewalks as necessary.
Pinellas Trail on East SIde of Clearwater
PinelJas County is considering the construction of an extension of the Pinellas Trail
on the easterly portion of the county to loop Into the present north and south ends
of the trail. The City may be Involved In the project just as we are involved in the
section to be improved through the Downtown area. This would allow for funding to
assist the project as necessary.
Subtotal
Page 5
~N'f~1."'W./.:.',.'t.....i'~I'> 'r'~>":" .....,):<i""..., ,.~ "....... .........,.. ..... . L' .
~ .
2,000,000
24.100,000
12,000,000
1,500,000
800,000
14,300,000
1,000,000
500,000
1)500,000
-
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City of Clearwater
Proposed Penny for Plnellas Infrastructure Tax Project LIst
FY 2000 . 2010
Public FacUlties
Clearwater Airpark Improvemen[s
The project Includes various improvements to the Clearwater Airpark including
enclosed hangars, runway extensions, lighting, replacement of the Main Tenninal
Building, replacement of the Maintenance Hangar. Fl. FOOT approved Improvements
subject to a 50% matching grant.
Hardenino of City Structures for Hurricane Protection
The project provides for the "hardening" of City structures which will be used to
house City employees during hurricane events or critical structures which will be
extensively used In hurricane recovery operations.
Citywide GeoQraphlc Information System
Purchase the design, equipment, implementation and staff training for a Citywide
Geographic fnformaUon System in coordination with existing Plnellas County GIS.
Memorial Causeway Civic Center
Renovation of the Memorial Civic Center to provide for the co-Iocation
of a police substation, Improved beach library, tourism and welcome center, and
a related parking garage to provide parking for the facility as well as additional par1dng
facilities for beach traffic.
Subtotal
Marina
Fishina Pier at Seminole Launch Ramo
Installation of a small wooden fishing pier off the Seminole Launch Ramps. There
would be no charge for fishing off the pier and it would be open to the general public
on a year round basis.
Flshina Pier at the Clearwater Beach Recreation Center
Installation of a small wooden fishing pier off the Clearwater Beach Recreation
Center. There would be no charge for fishing off the pier and it would be open to the
general public on a year round basis.
Subtotal
Stonnwater
Kapok Recreation and Stormwater Retention Area
The project provides for the purchase of the Kapok Traner Parkt which is subject to
flooding. This would create a stormwater flood plain, environmental enhancement
area and an upland recreation area which would be continuous with City park
properties on Drew Street, E.C. Moore Park and Cliff Stevens Park.
Stream Channel Protectron. Various Locations
. Install gabion structures along appropriate sections of stream channels in Clearwater
Including Stevenson's Creek and Alligator Creek to control erosIon and disposItion
. of solids In lake areas.
Page 6
1II..."'IItIII.!.\~,.A~.l.~~.~-I...\i!..; .'.'t-~;~"."" '\.. ~t ~",......_.hCT'
2.000,000
1,000,000
1,500,000
7,300,000
11,800,000
25,000
25,000
50,000
11,000,000
4,000,000
u~tR
"
"
~
,
, '
City of Clearwater
Proposed Penny for Plnelfas Infrastructure Tax Project List
FY 2000 . 2010
Stonnwater (Contlnuod)
New Downtown Storm Outfall Pipe
Construct a new stormwater outfall pipe from the existing Pierce Street Pond
approximately 2,500 feet to the Pierce Street outfall location using directional
drill technology. The problem in the past for constructing such an outfall system Is
the deep construction. cuts through the downtown area. The directional drill
technology will allow the construction with very little disruption.
Subtotal
eRA
Harbor Bluff Waterfront Park
Provides for a major waterfront regional attraction composed of park facUities, upland
and shoreltne water features. and entertainment facilities. Waterfront theme sites
would be programmed for visitor ammenllles and transportation facilities.
Baytront Marina Complex
Subtotal
Economic RedeveloDrnent and Environmental Assessment and Abatement
TOTAL ALL PROJECTS
Othor Possfble ProJects
Long Center Requests
Multi-Duroose Facility
Construction of a 10,000 square foot facillty with parking to Include an auditorium
and stage area, aerobics roemt arts and crafts area, woodworking area, offices,
reception and circulation areas, storaget fitness room, .chlld care area. multipurpose
classrooms and kitchen area. Includes approximately $500,000 for estimated
furnishings.
,
Outdoor Track
Construction of a 400 meter track with a 100 meter sprint are, four lanes wide, with
a high quality training surface. Allows for competitive and recreational uses and
maintains soccer and football practice sites within its perimeter. .
Page 7
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1,500,000
16,500,000
2,000.000
2,250.000
4,250,000
5,000,000
109,569,500
950,000
200,000
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City of Cloarwater
Proposed Penny for PlnelJa, Infrastructure Tax Project List
FY 2000 .. 2010
Long Conter Requests (Contlnued)
ParkinQ
The Long Center is In need of additional parking. The CSX Railroad property to the
south of the center Is a triangular shaped property of approximately 2.4 acres and an
estimated fair value of $200,000. Development of the property for parking would
. cost an additional $522,720.
. Pedestrian Brldae
The project would provide for an elevated pedestrian bridge from the CSX property
to the existing facility.
Long Center Subtotal
Note: The City of Clearwater costs would be approximately 90% ($1,714,250),
If costs are shared with Safety Harbor. excludIng the land purchase and
parking, the Citts share would be approximately $1,035,000.
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Page 8
~"I." i<~.w._---:.': , :.
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722,720
32,000
1,904,720
c, ,
,'_'" ~.'~ <.-w____--.._......"I'...
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I.;UPIES ro.
COMMISSION
/4;uA!~ -fdr Filfl.e//a-P
,'IeM #~/j
;JUL 1 8 1996
f\[\o"{ov 4- ~D(vlh
PH!:::)!::.
CLERK I ATTORNEy 572 P02 Jll. 16 '96 1Gl44
COMMYNJ::n" STATISTICS ~OR RUTJl Ec;KERD ~
The p08itive economic impact of Ruth Eckerd H&ll, based on the
Tampa Bay Business Community tor the Arts survey, is $19,.440,000.
Approximately 400,000 people annually come in contaot with Ruth
Eckerd Hall o~ Ruth Eckerd Hall sponsored programs.
68t of Ruth Eckerd Hall ticket buyers comes from pinellas County.
, 39' North Pinellas
29' South Pinellas ,"
Approximately 20' of all tioket~ available to the general public
for the 199671997 Beason are priced at $10.50 or less and
specifically for the senior (Adults At Leisure Series) and family
(Weekend Family Theater) population.
In the 1994/1995 season, tiokets for Ruth Eckard Hall events and
Ruth Eckerd Hall Bducation programs were Bubsidized an av~rage of
86.2t to keep ticket prioe~ low.
In addition to the tiCket subsidy, most events are also subject
to an additional 10' discount tor groups of lS or more.
On-site programming at the Martin Luther King Center is
completely free of oharge.
Ruth Eckerd Hall provides special rental rate. for community
groupo. The Florida Orohestra, for example, is charged only 40%
of the actual rental tee for a prime weekend date. Other groups.
taking advantage ot the reduced rental rate inolude, The Plnellas
Youth Symphony, The clearwater Community ChoruB, The Clearwater
City Player., and others. Approximately 100,000 people attend
Rutb Eckerd Hall rental events.
~he PACT Institute employs 25 to 30 Florida artists annually by
providing affordable classes and workshops for children and
adulte, Many of the otudents receive full scholarships through
PACT, Inc.
23' of all PACT Institute programB are subsidized through private
donations and grants the Ruth Eckerd Hall staff pursues.
Teacher workshops are free or at a minimAl cost. They get CBU
(Con~inuing Educa~ion Units) credits for these workshops as part
of their annual requirement.
lp/69B170
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Item 1#
CM1-
Clearwater City Conunission
Agenda Cover Memorandum
&S
Heettng Dote: 07/18/96
SUBJECT:
GRANT APPLICATIONS RESOLUTION
RECOMMENDATION/KOTION:
Approve a resolution to delegate authority to the city Manager for approval of
applications for grants.
~ and that the appropriate offtcials be authorized to execute sarne.
BACKGROUND:
In some instances, grants for which the city of Clearwater is applying require
that the applicant's governing body give official approval for the application.
However, the time between the grant announcement and the deadline for
submitting applications is often so short as to preclude any official city
commission action. Therefore, in order to better take advantage of the grant
opportunities available to the city, it is recommended that the City commission
delegate authority to the city Manager to approve grant applications.
This new procedure, if approved, will complement already established grant
management procedures published in the city's Grant System Procedures Manual,
June 1992. In this manual the city established several in-house requirements
and controls over grant applications and grant funds processing. Such
requirements cover payments processing, fixed asset accounting, local match
budgeting, and audits; these requirements correspond with requirements
delineated in grant guidelines from various funding agencies.
Revi ewed by: di{h Originating Dept: Costs: S MIA commission Action:
Legal Acinlnfstratfon Total 0 Approved
Budget 0 Approved w/conditions
Purchastng N/A S
Risk Hgmt. N/A User Dept: Current Fiscal Yr. 0 Denied
CIS N~A Acinlnfstratlon 0 Cant Inued to:
AtH N A iI>~ FLnding Source:
Other 0 Capital 11l'Jl.
Advertised: 0 operating Attacrw.cnts:
~ Dote: 0 Other Resolution No. 96.50
Paper:
ri1 Not Requi red
Saitted by: Affected Parties 0 None
CHv:fl~ - C Not ifi ed Appropriation Code:
~ Not Requf red
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RESOLUTION NO. 96-- 50
(f5
A RESOLlITION OF THE CITY OF
CLEARWATER, FLORIDA, DELEGATING
AUTHORITY TO THE CITY MANAGER FOR
APPROVAL OF GRANT APPLICATIONS
WHEREAS, there are grant opportunities that arise from time to tIme that require an
applicant's governing body to specifically approve the grant application; and
, ~ .
. WHEREAS1 the time requirements for grant applications do not allow enough time for
formal submittal of the grant appli~ation to the City Commission for approval; now, therefore,
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER
FLORIDA:
Section 1. The City Manager of the City of Clearwater, F1orid~ has the authority to
. approve City. of ClearWater, Florida applications for grant funding.
Section 2. This resolution shall take effect immediately upon adoption.
PASSED. AND ADOPTED this
day ofluly, 1996.
Rita Garvey, Mayor-Commissioner
Approved as to form
and legal sufficiency
Attest:
&.
Pamela K. Aki~ City Attorney
Cynthia E. Goudeau, City Clerk
,
.\
Resolution No. 96-50
.'
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C\ K :l-
APPOINTMENT WORKSHEET
A~.f_
FOR COMMISSION MEETING July 1 B. 1996 APPOINTMENTS
BOARD: Community Relations Board
TERM: 4 years
APPOINTED BY: City Commission
FINANCIAL DISCLOSURE: Required
RESIDENCY REQUIREMENT: City of Clearwater
(up to 2 Pinellas County ,Residents at one time)
MEMBERS: 13
CHAIRPERSON: Herbert Freitag
MEETING DATES: As called (4/yr.)
PLACE: Commission Chambers
APPTS. NEEDED: 1
DATE APPTS: TO BE MADE: 7/18/96
THE FOllOWING ADVISORY BOARD MEMBER(S) HAVE TERMS WHICH EXPIRE AND NOW
REQUIRE EITHER REAPPOINTMENT FOR A NEW TERM OR BffLACEMENT BY A NEW
APPOINTEE.
SPECIAL QUALIFICATIONS: 1 representative from each of the following: Retail Merchandising
Mgmt; Industrial !Y1gmt.; Real Estate Sales; Property leasing; Mortgage Financing & law
Enforcement. (There may be 2 from Pin. Co. under Clwr jurisdiction)
Name
Date of Original
Appointment
Attendance
Record
Interest in
reappointment
1. Mr. Dana Hall - Mortgage Financing 1993
past 3 years - 9 mtgs
present 2 1 absent 7
**
term expires 7/30/96
** have not been able to contact Mr. Hall - office tel.# listed on application no longer valid, home
tel. # is answered by a Nanny who will not take messages. Mailings sent to Mr. Hall by Human
, Relations not responded to.
Human Relations to try to encourage citizens in ;'field" needed to volunteer, may receive names by
time of meeting
THE NAMES BELOW ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE
VACANCIES:
Name-Address
Comments-Related Experience. Etc.
1. Kirk Burness (At-Large)
1206 N. Osceola Ave., 34615
Management Consultant
2. Edith Saulnier (At-Large)
660 Island Way~ #204, 34630
Retired Nurse
Zlpcodes of current members on board:
4at34615
1 at 34616
2 at 34621 (1 is Hall)
3 at 34624
1 at 34625
1 at 34630
. .. Law Enforcement rep - do not list home address.
1'WRit~ ~-~tl ..t~::_~;':'~.e." . ~ .j:c~F.t~ \ . h.... ,.~ ,),.t~i::. _'..."'."'-11'''--. - "~...
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RE: Item #66
. Mayor & Commissioners:
, '
,The Clerk Department received this application today, 7/18/96~ The Community
Relations Board may. have up to 2 members ,at .any given time, who if not- Clearwater
residents~ are within Pinellas' County.. Currently. all the members on the board are
Clearwater resident,s, therefore the "mortgage, financing" seat could be filled with a
Pinellas County. resident.
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,.
FROM : CLW HUMAN RELATIONS
07/1./1996 D9:~e e13-~92-ge07
I I..!\.it.t : l."LW lo1UI'~ H~H I UJI'ib
JUL,18.1996 2:3SP~1 P 1
PHONE NO. : 813 462 6437
RES l..ENDING PAGE: C 2
~ /"lU. : b11,j 48A! f.roI::'?
C~':t'T 0" c::x.&AP.~
Ap91~Q..~Lon 1!o~ Ad.V'J..a~ ltoariIJ..
(~U b. Q~.a~~.~ ~~~~~Odt)
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"O-,..~;o.h m..1.."hoti."23Q -~4{o "'1- ~.l.pbO~ . ~3q.- ~O"?.:3
.Q:OW Lo~c;J n,. r'g...t.d.n:sa o~ the 'CJ.1:Y' ~~ C:1.euwa~7 lUa.Jw..~C.I1:.~~~f!."''''uA~
occn:apaUon Z;~-::!:;B~ . ~,1~)f ~~... ~~
Jl'L.,l.d. o~ 8d.u.oa$uion. 01:h....,: ,..cu;~ BKp_=J.ena.. I
~~~l~~~ ~""'Ac:. e . .....~hA.~ h~"" ~ (J('P~~(i$r
, . ~~~ It!!.... dl4.......(~~/~~
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x2f re1:~-.c1 r :eoz:me:z: GCl:n1pa:t:1.C11\ ...... . '- I 9' L...z .
b::IInmunJ.~Y AcI1;.f..v.:l.'C... ~tUe""~I"'" kVt:-,,-, <:;.J~~: ;Ci~.a~~ ~~
~h"-l:1J ~V'~~~) .~~ ~~~ ~&#;'Da..:- A
Ol:h." >:D:","".."" ..1=0 ".... 4~~ j~... ~ . ...~ ~ "" tJ.:'1P~ .
BOfU:C1'S_=V.f..c. (~V'~ 1-4Atec f::~ ~ ~"'.4t .
...s;J~~~.....Al4-~~.h-~lI.o....s/'"~...,."~ ~(Jfl' ("4&A7~.~
:.=:r~~~L_~~~4/~~
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. >>1.... ". ..tI a~'t:aohad. J.J.lIIlIt: ~o:J;' .oaw. ,.ba<b. :z:_quJ..2:w 'F.1.n&nCl:LtlJ.
1)"'.c),o..-oz:- .. :JiII".t.,za.&. ~ ~s :Il'01Ul~. c::.t. t~ Q:L_:v); ~. o.p~n't.
. .>>.0. DQX 4'74$ C.1.II~1:.:r:,.E'L 3461.8 . f .
~ ~R' CI...EARWATER ~.. tj.wJTER 2". 'SECTION Z.J.Z1 <ATTACHED) ('fYNolIlNl1Y RelATIONS EoAFm
SHALL BE CXI>POSED OF J5 CITI~ OF 1He (:11"( AND THe c:.aJmv."n
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elK. 'd-
APPOINTMENT WORKSHEET (;; 7
July 1 B. 1996. APPOINTMENTS Agende H_ '
FOR COMMISSION MEETING
BOARD: Marine Advisory Board
TERM: 4 years
APPOINTED BY: City Commission
FINANCIAL DISCLOSURE: Not Required
RESIDENCY REQUIREMENT:City of Clearwater
SPECIAL QUALIFICATIONS: None
MEMBERS: 7
CHAIRPERSON: Bill Stephan.
MEETING DATES: 2nd Wednesday, 8:00 a.m.
PLACE: Marina
APPTS.NEEDED:2
DATE APPTS TO BE MADE: 7/18/96
THE FOLLOWING ADVISORY BOARD MEMBER(S) HAVE TERMS WHICH EXPIRE AND NOW REQUIRE
EITHER REAPPOINTMENT FOR A NEW TERM OR REPLACEMENT BY A NEW APPOINTEE.
Name
Date of Original
Appointment
Attendance
Record
Interest in
reappointment
1. Bill Stephan
1990
ending 2nd consecutive term
2. . Donald McFarland
1993
past year - 12 mtgs
present all
YES
terms expire 7/30/96
THE FOLLOWING NAMES ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE
VACANCIES:
. Name-Address
. Comments-Related Experience. Etc.
1. Charles Cashman
1462 Excalibur Dr., 34624
Sales Manager, Gulfwind Marine
2. A. Parks Honeywell
785 Island Way, 34630
. 3. Haro'ld .Hunt
1956 Rebecca Dr., 34624
Retired Marine Engineer
Past member Environmental Advisory Committee
4. Nicholas Matsis
. 736 Island Way, #305, 34630
employed w/Kemper Securities, Inc.
5. Edward O'Brien, Jr.
3376 Ferncliff Ln
Self-employed, rehabilitation provider
6. David Smith
1209 Alameda Ave., 34619
Pres/Owner Command Corp.
7. David Stitt
2909 Gulf to Bay Blvd., 0-105, 34619
Orthopaedic Technician
Zipcodes of current members on board:
2 at 34615 (1 is Step~an)
1 at 3461 6
2 at 34625 (1 is McFarland~
2 at 34630
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APPOINTMENT WORKSHEET
~<:J
Agenda #_
FOR COMMISSION MEETING July 18. 1996 APPOINTMENTS
BOARD: Parks and Recreation Board
, TERM: 4 years
APPOINTED BY: City Commission
RESIDENCY REQUIREMENT: City. of Clearwater
FINANCIAL DISCLOSURE: Not Required
SPECIAL QUALIFICATIONS: None
MEMBERS: 7
CHAIRPERSON: Charles Weaver
MEETING DATES: 4th Monday, 6:30 p.m.
APPTS. NEEDED: 1
DATE APPTS. TO BE MADE: 7/18/96
THE FOLLOWING ADVISORY BOARD MEMBER(S) HAVE TERMS WHICH EXPIRE AND NOW
REQUIRE EITHER REAPPOINTMENT FOR A NEW TERM OR REPLACEMENT BY A NEW
APPOINTEE.
Name
Date of Original
Appointment
Attendance
Record
Interest in
reappointment
1. Donald Harris
1993
past year - 11 mtgs
present 10 / absent 1
YES
term expires 7/30/96
THE FOLLOWING NAMES ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE
VACANCIES:
Name-Address
CommentsMRelated Experience. Etc.
1. Kirk L. Burness
1206 N. Osceola Ave., 34615
Management Consultant
2. Kim Cashman
1462 Excalibur Dr., 34624
Business Owner, Advantage Yours Tennis
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3. Geraldine Shriver
.,101 S. Old Coachman, 34625
Teacher
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4. David Stitt
. 2909 Gulf to Bay Blvd., 0.105, 34619
Orthopaedic Technician
Zipcodes of current members on board:
2 at 34615 (1 is Harris)
1 'at 34616
1 at 34623
2 at 34624
1 . at 34630
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CITY OF CLEARWATER
INTERDEPARTMENT CORRESPONDENCE
. TO:
FROM:
COPIES:
John Carassas, Assistant City Attorney
Victor C. Chodora, Assistant Director, Central Pennitti~
Scott Shuford, Director, Central Pennirting.
SUBJECT: Abatement lien ~ 630 Drew Street
DATE:
June 7, 1996
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We have attached Resolution No. 96-47 to me a demolition lien on the above
property. This property was abated without the flling of a Wavier of Notice and
Hearing, but with completion by the owner. As a result, only partial costs were
incurred by the City,
" ':,
The abatement was completed on March 8, 1996. Attachment "A" is included
containing an itemization of the expenses incurred in this demolition process.
. The Notice of Violation, title search and other notices are included.
, .
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JUN 11 1996
GJ I Y A TrORNEY
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. RESOLUTION NO. 96-47
A RPSOLUTION OF TIlE CITY OF CLEARWATER,
FLORIDA, ASSESSING CERTAIN REAL PROPERTY
LOCATED IN JONES' SUB OF NICHOLSON'S,
CLEARWATER, FLORIDA, HAVING A POST OFFICE
ADDRESS OF 630 DREW STREET, CLEARWATER,
FLORIDA, AS DESCRIBED MOREPARTICULARL Y HEREIN,
IN 'IlIB AMOUNT OF $425.00 FOR TIlE COSTS INCURRED
BY TIm CITY ORDERING TIlE OWNER TO ABATE A
DANGEROUS STRUCTIJRE.
WHEREAS, pursuant' to Chapter 47 of the Clearwater Code of Ordinances and the
Standard Building Code, the Building Official determined that certain real property described
herein and the building situated thereon were unsafe, unsanitary, unfit for human habitation, and
dangerous and detrimental to the health, safety, and general welfare of the community, and did
not comply with the requirements of said Code before expenses were incurred; and
WHEREAS, the City of Clearwater and the owner have caused the abatement of the
unsafe building, and the City's costs of such work should now be assessed as a lien on behalf
of the City of Clearwater against the property; now, therefore,
BE IT RESOLVED BY THE CITY COMMISSION OF TIm
CITY OF CLEARWATER, FLORIDA: .
Section 1. The Building Official having ordered the abatement of the unsafe building
situated on the following described property:
Jones' Sub of Nicholson's, Blk. 7, Lots 1,2,3 and part of vacant
alley.
(parcel Number 09/29/15/44353/007/(010).
.'
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Owners of record: Robert Schoeller & Cynthia Daniel
636 Drew Street
Clearwater, FL 34616
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and the City of Clearwater having now completed said work, the City Commission does hereby
assess and charge a lien on behalf of the City 'of CleaIWater against the property for the
necessary costs incurred as follows:
TOTAL ABATEMENT COSTS
(See Attachment "A")
$425.00
Section 2. As soon as practicable, a Certificate of Indebtedness against the property for
the amount of assessment shan be prepared, which certificate shall constitute a lien prior to all
other liens excePt the lien for taxes. Said certificate, when issued, shall be payable to the City
. with interest at a rate of eight percent (8 %) per annum.
. Section 3. The City Clerk is hereby directed to prepare a Notice of Lien in the amount
of the assessment against said property, and to record the S3me in the Public Records of Pinellas
. Cou~ty, Florida.
Section 4. This resolution shall take effect immediately upon adoption.
IPASSBD.AND ADOPTED this
day of
, 1996.
Attest:
Cynthia E. Goudeau
City Clerk .
Rita Garvey
Mayor-Commissioner
. Approved as to fonn and
legal sufficiency:
o~~~
J()hn Carassas
Assistant City Attorney
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ATTACHMENT "A"
Resolution 96-47
(630 Drew Street - Cleanvater, Florida)
TASK
TIME
, ,
NALOL - (pinellas County Records for ownership)
Various'correspondence and telephone calls
Purchase requisitions
. Take photographs
TOTAL HOURS .
EXPENSE&
, AMOUNT
Film, developing, and prints
Certified Mail and. regular postage
. Title Search -'. Sexton Title SelVices, Inc.
Asbestos SUlvey - Occupational Health ConselVation, Inc. .
$ 45.72
4.58
125.00
250.00
c ,;
TOTAL EXPENSES
LIEN AMOUNT
$425.30
$425.00
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Preliminary Agenda
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PRELIMINARY AGENDA
Clearwater City Commission Worksession - Monday, July 15, 1996
following 9:00 A.M. CRA & Special Meeting
Clearwater City Commission Meeting - 6:00 P.M. - Thursday, July 18, 1996
Service Awards
Convene as Pension Trustees
Reconvene as Commission
PRESENTATIONS
1. Approximately 2:00 P.M. - Penny for Pinellas
ED ECONOMIC DEVELOPMENT
1. Public Hearing - Approve City's 1996-97 Consolidated Plan and Subgrantee Contract Form
FD FIRE
1. Purchase a rtJscue unit for Fire Dept., from Saulsbury Fire Equipment, Inc., Tully, NY, for
$334,965 '
2. Reappoint Myron Ahrens & Rick Stucker as Trustees of The Clearwater Firefighters Supplemental
Trust Fund
FN FINANCE
1 . Request for authority to pay Charles Kimball, Claimant, Workers' Compensation Benefits for
wage loss from 7/14/89-3/24/96, for $139,000
2. Request for authority to pay Michael Szuba, Claimant, $61,250 as full, final, and complete
settlement of all indemnity and medical benefits and attorney fees arising out of pending
workers' compensation claim, and release the City from any and all future workers'
compensation obligations to Claimant
3. Ratify payment of $153,985 from the Central Insurance Fund made 11/15/95 to cover 2 checks
written by Gallagher Bassett Services, Inc., on the City bank account it maintains for payment of
workers' compensation claims, for payment of benefits to Claimant, Judi Acker, after an adverse
decision of the First District Court of Appeals was upheld by the Florida Supreme Court, and
approve payment of $65,000 in settlement of the claim by Claimant's attorney for an attorney
fee for representing the Claimant
GAS GAS SYSTEM
1. Legal Service Agreements with: Akerman, Senterfitt & Eidson, Orlando, FL (environmenta!);
Miller, Balis & O'Neil, Washington, D.C. (federal regulatory); William J. Peebles, P.A.,
Tallahassee, FL (Florida regulatory); and Figurski & Harrill, New Port Richey, FL (Pasco), providing
specialized counsel to the Clearwater Gas System, approve increased funding of $10,000, and
provide for City Manager approval to extend subsequent annual year contracts with these firms
(Consent)
2. Purchase underground propane tanks from American Welding and Tank, Camp Hill, PA, for an
est. $43,416 (Consent)
7/1 5/96
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GS GENERAL SERVICES
1. Interlocal Agreement with HiIIsborough County Sheriff's Office to provide radio transmission
back-up support in the event either party loses its capabilities due to natural disaster (Consent)
2. Contract for design & installation of a motor vehicle fumes exhaust extraction system in the Fleet
Maintenance garage to Tack and Warren Service, Clearwater, FL, for $59,819 (Consent)
HM HUMAN RELATIONS
1. Approve recommendations by the Technical Review Committee for allocation of city social
services funds in the amount of $62,000, and app'rove proposed contract form for the funding
contracts related to Fiscal Year 1996-97 City of Clearwater Social Services Grants
1M INFORMATION MANAGEMENT
1. Ratify & Confirm emergency purchase of audio & related equipment from Encore Broadcast
Equipment Sales at a cost of $3,511 to be used in the MSB television studio (Consent)
PO POLICE
1. Approve amendments to Sec. 21.11 of Code related to disorderly conduct and loitering; First
Reading Ord. #6060-96 - Repealing Sec. 21.11 (e), to prohibit the obstruction of public places
2.' Contract to Pinellas County Sheriff to provide latent fingerprint examination & related services, as
well as crime scene services, including evidence & property storage, to the Police Dept., for the
period 1/1/97-1 2/31/97, for $343,855.50
3., Lease Agreement with Bohunt, Lessor, for premises located at 1453 S. Greenwood Ave" Space
B, Clearwater, FL, for the period 7/1/96-6/30/97, at rental of $3,000 payable to Lessor, which is
maximum sum due for all services to be rendered during term of lease (ra South Clearwater Police
Mini-Station) (Consent)
PR PARKS AND RECREATION
1. (Cant. at 6/20/9B) Contract for holiday decorating services to Clark Sales Display, Inc., for the
period 12/1/96-1115/2001, for $70,200
2. (Cont. at 6/20/96) Recommend deny request from Clearwater Bombers for continuation of grant
program whereby the City would contribute $1 to the Bombers for every $ 10 in cash or in
specific in-kind services the Bombers receive as donations from the private sector up to a
maximum City contribution of $10,000 during FY 1995/96
3. Res. #96.49 - naming city property located at 801 Bayshore Blvd. as "Cooper's Bayou Park" as
recommended by the Parks & Recreation Board
a) Set Grand Opening Date - 8/28/96 - 5:30 p.m.
EN ENGINEERING
1. Contract,through Purchase Order for removal of Brazilian Pepper at Cooper's Point to Stan
Cisilski, Inc., St. Petersburg, FL, for $66,700 (Consent)
7/1 5/96
2
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2. Implement Phase I of Utility Rate Study with Engineer of Record, Post, Buckley, Schuh &
Jernigan, for $97,526 (Consent)
3. Contract for Stevenson's Creek Channel Improvements - Phase II to Kamminga & Roodvoets,
Inc" Tampa, FL, for $3,780,610
4. Professional Services Agreement with Camp Dresser & McKee, Inc., for review of Shop Drawing
Submittals for Stevenson's Creek Channel Improvement Contract, for $35,000 (Consent)
5. Authorize continuing Consultant Services Work Order to Post, Buckley, Schuh & Jernigan, Inc.,
for Construction Contract Management of Stevenson's Creek Channel Improvement Contract, for
$327,003
6. License Agreement for vehicular parking over a 15x90' portion of city-owned real property, Sec.
16-29-16, M&B 22.32 to William E. Be Marilyn M. Rowe, as consideration & in exchange for their
conveyance by Special Warranty Deed of a 20x75' portion of real property, Sec. 16-29-16, M&B
22.27, with est. documentary & recording fees of $45 (Consent)
7. Non-Exclusive License Agreement for vehicular parking of indeterminate duration with The
Kimberly Home, Inc., Bassadena Sub., Blk 0, Lots 1-3, in consideration of maintaining the
property & complying with all covenants & conditions therein, subject to termination upon notice
at any time, with est. expenses of $350 (Consent)
8. Contract renewal for sludge hauling & disposal for the WPC Division, with Davis Water & Waste
Industries, Inc., for the period 8/1/96-7/31/97, for an est. $ 306, 699
9. Contract for landmark Drive Extension to MTM Contractors, fnc., St. Petersburg, FL, for
$1,056,130.80 '
10. Contract for Magnolia Drive Dock Replacement to Seaway Marine Contractors, Inc., St.
Petersburg, FL,' for $119,830.62
11. Contract for City Wide Fueling System located at the Solid Waste Complex to Nichols Industries,
Inc., Niceville. FL, for $144,150
12. Memorial Causeway Bridge Design Phase ~ commit the City to budget a maximum of $3 million
for design of new bridge to replace existing MCa at Clearwater Harbor, and authorize staff to
negotiate with FOOT and to prepare a draft agreement which will allow FOOT to reimburse the
City for funds expended for design & construction of new bridge pursuant to House Bill No. 539,
and authorize City Engineer to begin negotiations with HDR Engineering, Inc. to supplement
existing professional services agreement with HDR dated 10/21/94
SW SOLID WASTE
1. Interlocsl Agreement with Largo & St. Petersburg to provide back~up solid waste support with
manpower & equipment as needed effective 10/1/96; authorize City Manager to extend the
agre~ment annually as appropriate (Consent)
2. First Reading Ord. #6059~96 - abolishing permitting of private hauling companies to provide roll-
off service in Clearwater; establishing Clearwater Solid Waste Department as roll-off service
provider effective 10/1/96; amending schedule of fees, rates & charges to provide Sec. XXIX for
Solid Waste Dept. rates; establishing rates for roll-off service in Clearwater
3. Extend contract for purchase of approx. 1,600 - 90 gallon refuse containers & misc. spare parts
from Rotonics Manufacturing, Inc. , Bartow, FL, at an est. $111,700
CP CENTRAL PERMITTING
1. (Cant. from 6/6 & 6/20/96) Public Hearing & First Reading: Ord. #5962-96 - LDCA amending Div.
26 of Ch, 40, to provide for revised development standards in the Urban Center District & Ord.
#5964-96 - Zoning Amendments for Downtown Urban Core districts (LDCA95-20, Z96-01)
7115/96
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2. Public Hearing & First Reading Ord. #6055-96 - CI Zoning for property located on Fairburn Ave.,
Engman St. & Betty Lane, Fairburn Add, Blk A, Lots 1 & 2, Blk B, Lots 1-4, Blk C, Lots 5 & 6,
Pine Brook Unit 2,Blk E, Lots 13-16, Pine Ridge, Blk C, Lot 10, Blk 0, Lots 8-13, Blk E, Lots 8 &
9, Stevenson's Heights, Blk A, Lot 27 (Everybody's Tabernacle, Inc. I Calvin & Evelyn Doyle /
Sergeant Allen Moore Community Partnership, Inc. / M&H Co. I Henry & Anne Meister / Nicholas
Koulouvaris, TRE / Behnam Gholampoar / Bruce Mesagno / Thomas & Elizabeth Floyd / Baker &
Williamson Enterprise / Alice Blunt / Dorothy Dilliard Estate / Homeless Emergency Project / City,
Z96-06)
3. Variance(s) to Sign Regulations for property (Easy Pick Convenience Store) located at 2320
Sunset Point Rd., Sunset Point Estates, Blk B, lot 18 and part of Lot 17 (Cheaib, SV96-11)
4. Public Hearing & First Reading Ord #6028-96 - LDCA amending Sec. 45.23 to exclude city-
owned property from eligibility for minor variance consideration and to exclude any property from
eligibility for minor variance consideration where variances are granted in excess of specified
limits; to allow minor variances for freestanding sign setback up to 5' (LDCA 96-10)
5. Public Hearing - Res. #96-48 - to modify the community redevelopment plan for downtown to
allow financial participation by the CRA in the construction of a Winn-Dixie grocery store and
associated retail facilities at the northeast corner of Cleveland Street & Myrtle Avenue
6. Receipt/Referral - ordinance for amendment to Clearwater Comprehensive Plan related to Public
Education Facility Siting Act
CM ADMINISTRATION
1. Res. #96-50 - delegating authority to the City Manager for approval of grant applications
2. Contest to name new City building
elK CITY CLERK
1 . Community Relations Board - 1 appointment
2~ Marine Advisory Board - 2 appointments
3. Parks and Recreation Board - 1 appointment
CA LEGAL DEPARTMENT
Second Reading Ordinances
1. Ord. #6044-96 - LDeA defining "public safety facility", identifying zones where public safety
facilities may be allowed, providing standards for approval (LDCA 96-11)
2. Ord. #6045-96 - Amending Sees. 40.103, 40.324, 40.365, 40.384, 40.404 & 41.053, to allow
bed and breakfast inns as a conditional use in the RM-10 District, CN District, Beach Commerical
District, and CR-24 & CR-28 Districts (LDeA 96-09)
3. Ord. #6050-96 - Vacating North 10' of existing 30' drainage & utility easement lying South of &
adjacent to Lot 13, Blk 6, Revised Plat of Brookwood Terrace Sub., less East 5' (St. Vincent
DePaul, V96-08) ,
4. Ord. #6051-96 - Annexation for property located on E side of landmark Dr., approx. 650' S of
Enterprise Rd., Sec. 33-29-16, M&B 22.011 (Vogel, A96-21)
5. Ord. #6052-96 - Zoning (OL - Tract A, M&B less S 509' m.o.I.), (RPD5 - Tract B, M&B less N
160' m.o.I.) for property located on E side of Landmark Dr., approx. 650' S of Enterprise Rd.,
Sec. 33-29-16, M&B 22.011 (Vogel. A96-21)
6. Ord. #6053-96 - Vacating portion of utility easement lying on Lots 3, 4, & 13, Pinellas Groves,
SW * Sec. 1-29-15 (City, V96-06)
7. Ord. #6064-96 - reducing the easement granted by City of Clearwater Ordinance 116 to the
successor of the Tampa & Gulf Coast Railroad, CSX Transportation Incorporated
7/1 5/96
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8. Ord. #6056-96 - Amending the Operating Budget for Fiscal Year ending 9/30/96
9. Ord. #6067-96 - Amending the CIP Report and Budget for Fiscal Year ending 9/30/96
10. Ord. #6058-96 - Relating to registration of lobbyists, AmendIng Sec. 2.700 to revise definitions
of boards and lobbying; Amending Sec. 2.701 to add two-day grace period to registration
requirements
11. Ord. #6061-96 - Deleting Subsection (3) of Sec. 22.83 relating to special events to allow special
events on holiday weekends on city beaches
Resolutions
1. Res. #96-47 - Abatement Lien" 630 Drew St., Jones' Sub. of Nicholson's, Blk 7, Lots 1-3 and
part of vacant alley (Schoeller / Daniel)
Agreements, Deeds and Easements
1. Utility Maintenance Easement - N & W side of Frontier Elementary School (Pinellas County School
Board) (Consent)
2. Water Main Easement - Sever Park; Lot 4 (South Gate Mobile Home Park) (Consent)
3. Sanitary Sewer Easement - Oak Heights Park, Lot 1 2 (Smith) (Consent)
4. Letter of Understanding with FOOT re Project Development and Environment Study re SR60
Memorial Causeway Bridge (Consent) .
OTHER CITY A TIORNEY ITEMS
1 . Request to schedule attorney / client session re Gilfoyle vs. City (auto accident with police
cruiser)
City Manager Verbal Reports
1 . Economic Development Symposium Follow-Up
a} Set special meeting to discuss Downtown projects (Downtown Lake, East End, etc.)
Commission Discussion Items
1. Chamber's request to approve road closures for the Morton Plant Hospital Bayside Bridge Boogie
to be held on 10/12/96, 4 a.m. to 12 p.m. (access roads & Bayside Bridge, from Drew St. to
Roosevelt Blvd.)
2. Women's Equality Day Rally 8/24/96 - 10:00 a.m. - request for sponsorship (in-kind)
Other Commission Action
Adjourn
7/15/96
5
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TO: ,Mayor Rita Garvey
, FROM: Betty J~ Blunt. Confidential Clerk Receptionist
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COPIES: City Commissioners, Betty Deptula, Cyndie Goudeau
SUBJECT: Presentation at the July 15, 1996 Commission Meeting
" DATE:
July 15, 1996
'The'followmg presentations will be made at the July 15, 1996, City Commission work
session meeting:
5 YEARS
Thomas A. Stubblefield, Fi~ Department
10 YEARS ,
Curtis S. Walser; Public works
Debora'L. Merlina, Parks & Recreation
15 YEARS
Deborah W. Richter. Human Resources Department
Richard A. Rosa, Community Response
'"
EMPLOYEE OF THE MONTH for July. 1996 is Madra Matthews, Human Resources
, Department (write-up attached with check)
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Item IJ
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Clearwater City Commission
Agenda Cover Memorandum
Heeting Date: 07/18/96
SUBJECT:
Contest Names for the Municipal services Building
RECOMHENDATXON/HOTXON:
Select a name for the current Municipal Services Building.
~ and that the appropriate affrcials be nuthorized to execute same.
BACKGROUND:
,The city Commission at its June 20, 1996 meeting requested the City Manager to
explore the idea of a new name for the new building currently known as the
"Municipal Services Building.1I The city Manager initiated a contest with all
City employees to name the new building.
The contest included the awarding of a $100 gift certificate to be used at the
one of the following locations: stein Mart, FutonicsjMooko International,
Renegade Outfitters, Trickels Jewelers and Fritz's Skate Shop.
Attached is a memorandum that lists all the names submitted for the new
building for Commission consideration. The fallowing is a list of names that
received the most votes:
city Center
city service Center
clearwater city center
Clearwater city Services
Clearwater Services Center
While all the names submitted for review are excellent, my recommendation to
the city commission is to retain the name Municipal services Building. The
basis for the recommendation is to have a name that reflects the governmental
operations of the building that can be easily recognized by the community.
Reviewed by: OriginatIng Dept: Costs: S 100.00 Commission Action:
Legal ~ Aanlnistrat{on Total 0 Approved
Budget ~ 0 Approved w/conditions
Purchasing S
Risk Hgmt. N/A User Dept: Current fiscal Yr. 0 Denied
CIS N/A Aanlnhtration a Continued to:
AtM N/A Ftrdins Source:
Other 0 Capital lll'f1.
Advertised: 0 Operatill9 Attoch.en ts:
Date: 0 Other Hemorllndun
Paper:
9 Not Required
~ftted by: Affected Parties 0 None
City Hanaf ~ ' 0 HotUI ed ApproprIation Coda:
010-09211-557200-512
~ Hot Requrred
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MEMORANDUM
TO: The City Commission
FROM: ' Betty Deptula, City Manager
SUIDECT: Contest Names
DATE: ' July 10, 1996
"
The,following names have been submitted for the new City building currently known as the
"Municipal Services Building." The number immediately following the name indicates the
number of entries with the same name.
:\
't lOO.Clearwater Center Building
100 South Myrtle
',Aqua Clara Hall '
Aqua Clara Building
Aqua Clara Center (2)
Archaic Building
Bayside Service Building
,Betty's House of Pleasure
, Bill Justice Building
, CCS Building
CSB
Central Services
Citizens Assistance Building
Citizen's Center at 100 S. Myrtle
Citizens Coop Building
Citizens Services Building
Citizens Services Center
City Business Center !
City Center (6)
City Central' (2)
City Gentre
City Government Ce~ter
, City Government Central
City Hall n
.City Hall Annex (C,H,A.) (2)
City Hall East
City Municiple Building
City of Clearwater Business Center
City of ClearWater Central Office Complex
City of Clearwater Government Office Building
City of Clearwater Multi-Plex
City of Clearwater Services Bureau
City of Clearwater Service Center
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City of Clearwater Services Center (2)
City Seryants Building ,I
City Service Building (C.S.B.)
City Service Center (7)
City ServiceS
City Services Building (2)
City ServiCes Center (3)
City Services Complex (3)
City Sunset'
City Sunset Center
City Sunset Complex
City Works
Cityzens Center '
Clearview Center (2)'
CARES Building - Clearwater Administration, Resource and Engineering Services Building
Clearwater 1 ()() Building
Clearwater 100 ,Center
Clearwater 100 Services Building
Clearwater 2000
Clearwater Annex (2)
Clearwater Atrium'
ClearwaterCentral ,
Clearwater Central Facilities Building
Clearwater Central Service Centre '
Clearwater Central Services Building
Clearwater Centre,
Clearwater Citizens Center
Clearwater Citizen's Complex
Clearwater Citizens Service
Clearwater City Business Park
Clearwater City Center (5)
Clearwater City Central
Clearwater Cityplex
Clearwater City Services (4)
Clearwater City Services Bureau
Clearwater Civic Center
Clearwater Common
Clearwater Commons
, Clearwater Commune Center
Clearwater Communication Complex
Clearwater Community Complex
, . Ciearwater Community Services Annex
Clearwater Community Service Center
Clearwater Community Management Building
Clearwater Government Building ,
Clearwater Government Center
, Clearwater Gulf Bay Municipal
Clearwater Gulfstream Municipal
Clearwater Hall ,
, Clearwater Municipal Annex
Clearwater Municipal Complex
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Clearwater Municipal GuJfstream
Clearwater Mu'nicipal Services Center
Clearwater Municipal Sun
Clearwater Multiplex
Clearwater Muniplex
Clearwater Place
Clearwater Resource Center
Clearwater Resources and Personnel Building .
Clearwater Services
Clearwater Services Building
Clearwater Services Center (7)
Clearwater Services Complex
Clearwater Solutions
Clearwater Sparkling Center
Clearwater Sparkling Municipality
Clearwater Sparkling Services
Clearwater Sun Municipal
Clearwater Sunrise
Clearwater Sunrise Services
, Clearwater Support Services
, Clearwater Utility Complex
Clearwater Utility & Municipal Services Building
Clearwater Westside "
Clearwater's White HouSe (2)
Combined City Services Building (CCS)
Commerce and Regional Administrational Prototype
Consolidated Municipal Services Complex
Consolidated Services Complex Building
Downtown Center
Downtown Municipal Complex
East Hall
Essential Services Building
FAST Building
Gabe Cazares Building
Garvey Center
Gerald Weimer Memorial Building
'Government Services Center
Government'Services Central
L.E.M.O.N. (2) ,
M.A.X. - Municipal Annex eXpansion
Mess Hall,
Messages-R-Us '
MUNI Building
Municipal Help Line
Municipal Procedures Building
Municipal Employees Services Senter
Municipal Services Building (3)
Municipal Solutions Building
Myrtle Street Annex
Myrtle Street City Hall
New City Hall Annex'
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Solutions Center
South Myrtle Information Center
Sparkle 'Centre '
Sparkling City Center
Sparkling City Services
Sparkling Clearwater Center
Sun Bank 2 (2)
TCB ,
Templo Del Sol (3),
The 30 Million Dollar Waste of Money Building
The Bailey Building ,
The Baker Building
The Building of 1000 Messages
The City Building (2)
The Citizen's Building
The Clearwater Citizens Center
The ClearWater New City Annex
, , The "Commish" Municipal
, The House That Fred Built
The Luminous Building
The Minor C~ Duffey Memorial Building
. The'Multi-Plex Center
The Myt:tle Complex ,
The N.O.W.'R.Y.C. Building
The People's Center
, The Pinch-a-Billion Building
The !,uzzle Palace
The Sparkle Center
. ' The Thomas, Baker Building
, Thomas Town
TOPS - Tech Operations/Public Support
Traditional Taking Care of Business
William C. Baker Memorial Building (2)
Name It After' the Founder of the City - No founder name in Library records. (Names
were discoverer was 'Narvaez who named it IlPocotopaug" which means Clear Water. '
First settler was Odet Phillippe and first homesteader was James Stevens.
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June 27, 1996
Honorable Mayor Rita Garvey
City of Clearwater
112 Osceola Ave.
Clearwater, Fl. 34616
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Dear Rita:
On August 24th at 10:00 a.m. the Florida Women's
Consortium will celebrate Women's Equality Day
with a Rally on the steps of City Hall. We will
be celebrating the 76th Anniversary of Women's
Right to Vote!
The Honorable Mayor Rita Garvey will welcome the
attendants. After ceremonies at City Hall, all
present will march to the County Courthouse,
where marchers will be greeted by the Honorable
Sarlie' Parks, Chair'of the Pinellas Board of
County Commissioners and Dot Ruggles, Supervisor
of Elections. Area wide elected women' office
holders, state leaders women's organization,
candidates for county, state and national office
will be invited to the Rally.
This Rally will be sponsored by the Florida Women's
Consortium, American Association of University
Women, Bay Area Cortium, League of Women Voters,
Commission on the Status of Women and others.
We would like for the City of Clearwater to be
one of our sponsors. This would be for help
with in-kind donations:i.e. tents, policemen, etc.
It would not involve a contribution of money, but
it would help provide services that may be
needed. I am working with Terry Schmidt, and
he has been wonderful in his support and ideas.
I hope the City will be willing to help us, too.
Looking forward to working with you on this
event,' I remain,
Sincerely,
~~~~~ident
Clearwater AAUW
MUW promotcs cquity lor worncll. education ilnd Sl:lhtcvclolll11cnl O\'CI the life span, and pll!ollh'c sodclill changc. AAUW
v,llucs ilnd seeks a di\,;rsc IIJcmbcrshi!l.
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Page 2
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THE l ~lTED S1:-\TES CONFERENCE OF ?vL-\YORS
In:l} EYE \TUET. SOlrn"X'EST
"';UHlSOTOS. 0 C. JOOO6
TElEPHOSE JOI! JQ~ -).to
F.\X ':~I :l')n.":
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TO:
FROM:
ACTION ALERT
The Mayor ON\.~ ~
J. TlIoma5 COChml ~. .
Executive Dkeetor
COPIES TO.
COMM1SSIOt\:
JUL 0 5 1996
SUBJECT:
PRESS
CLERK! ATTORNEV
New Legislation Would Prevent Tax-Exempt SportS Arena Flnanclna:
Retroactive Date Included
DATE:
July 3, 1996
Leaislation (S. 1880) hu been introduced by Senator Daniel Patrick Moynlh.n (NY)
entitled the .StoP Tax.&cmpt Arena Debt Issuance Act..-
, The bill would prohibit the wuance of new governmental taX-exempt bonds for public
sports facilities used by profeuianal athletic ceamJ and related improvements, wb,lcb ~UI
Increne thf! eon of buildini new faellides by up to 30 percent for a citY M1dJts ~ayers.
. '
The reach of S. 1880 J~ludes colleae or universIty spons facUlties that aerve 15
pracdce f&cllltl~ for profcplonal sportS reams. In addition. I .tadium owned by a clry,
which is. UJcd fDr sprinS tta.lnlna or by a minor lcasue professional ccam. would not be
eligible for tu-u.empt financlni. even t"OUih the local community used me f1.eUlt)' durina
the rem&inder of the year.
. While It Is noc expected that Ebb bill will be enacted this year, Sen. Moynihan has
included I retroaCtive dale of June 14. 1996 In the legislation. Serious concern was raised
that man)' taX-exempt bond nles have been put at risk and wlll continue to be put 8.t risk
because of th~ use of I retroactive date-without leii!ltlltion ever p8!S;nl COl\iress-becaus
of bond mar~et reaction to the mt!.re po.uibilicy of I. retroactive provi~'Oll.
In rcspo~. Sen. Moynihan rcleastd .blndlne contract- type transition relief
language. Sen. Moynihan has said. "This modlflcadon reprC$tnts my best efron to draw an
equitable line to dlsrinlUish between chme projccts that have progrcucd to a polm where the
bill should nOl cause disrvption, and thole projects mal should be subJ~ co the bill if
enacted." However. while this I&nl~c hIS provided rellcf for a number of fac:Ultles. h b
unfair to use a retroactive effective dI.!C which would not allow certaIn projects to 10 forward
merdy betause'lhey do not meet an 8lbittary bindlna contract traD5itlOD rulc withOUt reaud
'to the merits of a project.
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81/B5I9& 88:B2:14
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ttayor Ga.ruey
Page 3
SENT BY: XEROX Telecopler 7017; 7- 3~86 ; 5:35PN ;
2022939063"
ENHANCED FAX;# 3
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July 3, 1996
Pale 2
In addition, the new language would stilt prohlblt future construction projects and
does not address that ba!iic point mat it is not good public polley to constrain local flexibUity
In deciding what projects to undertake on a taXooCxcmpt basls-a decision which Is reached by
state and local officials and Wtpayers after they havo determined that a project Is Important
for lhclr community, '
State and local oraanizations Including The U.S. Conference of Mayors have joined
tOlcther in opposition to mls lealslatfon. It would be a areat help If you CQuld write to your
, CongressiOnal Deleptlon exprcsslna opposition to S. 18BO and send a copy, of your letter to
Senarc Finance Committee Chair WlJIlam V. Roth. Jr. (DE) and House Ways and MtanI
Committee Chair Bm Archer me): !
The Honorable William V. Roth, Jr.
United Staw Senate
104 Hart Senate Office Building
Washlnliuonl DC 20510
The Honorable 9U1 Archer
U.S. House of Representatives
1236 J.,ongwonh HOUle OffIce Building
Washinaton, DC 2DS IS
, Please indude 'n your tCltcn any ,pec\t1c Jnfbmwion Teiardlna projccu in your cIty
which may be affected by this Icalsladon and the proposed retroactive effccdvc date.
Also. pteue fax I copy of any corrcsponden~ to me at 202-293-2352.
If you have any questions or neCd any addidonallnformatlon, pteec con~ct Ed
Somers with my offlce'&t (202),861-6706.
Thank you for your continued support.
.uichment
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81/B5/9& 88:02:44
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tl4yor GlIrucy
Page 4
5ENT BY: XEROX Telecopler 7011; 7- 3-96 ; 5:36PM
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II
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DRAFT LETTER ON TAX-EXEMPT FINANCING FOR SPORTS FACILITIES
Dear Representative/Senator
( am wrlllni to express opposition to leaislation (5. L880) which has been Inlroduced
by Senator Daniel Patrick Moynihan (NY) entitled the .Stop Tax-Exempt Arena Debt
Issuance Act. "
The bill would prohibh the Issuance of now iovcrnmcntal rax-exempt bonds for public
sports facilities used by profcsslonalathletlc turns and related improvement.!, which could
lncrwe the COl!.t of hulldlne new racHiticl ~y up to 30 percent for-B. citY and Its taxpayers.
The reach of S. 1880 Includes coUeee or university sports facUities that serve as
practice facUlties for professional sporl! teams. In addition, a stadium owned by e. citY,
which Is wed for sprlni rrainln& or by a minor lcaaue professional team. would not be
eligible for tax-exempt flnancins. even though tho local communitY used the faclUty durlna
the remainder of the year.
Of particular concern is the fact that Sen. MoynIhan has included a retroactive date of
June 14. 1996 in the legislation, Serious concern was railed that many Wt..exempt bond
sales have been pUt at risk and will continue 10 be pur at risk because of the ~c of a
retroaCtive date-without Icalslatlon ever paslinK Congress-because of bond market reaction
. to the mere possiblJlty of a retroactive provision.
In response, Sen. Moynihan released "blndlna contraCt- type transition re1l8t
lanaUliC, Sen. Moynihan has said. "This modification represents my ~t cffon to draw an
equitable line to distinguish between those projects that have proaressed to a point where the
bill should not cause di!ruptlon. and those projects that should be subject to the bill if
enacted.' However. whUc this langUlge has provided rellcf for a number of faclUtlcl. It b
unfair to use a retroactive effective date which wouid not allow cenaln projects 10 go forward
merely because they do not roUE an arbitrary binding contract transition rule without regard
to the merits of a project. .
In addition, the new language would still prohIbit future corL!tructlon projects and
does not address that basic point that It Is not good publlc policy to constrain local f1cxlblUty
in decidinz wha~ projccts to undertake on a w..exempt basls-I decision which is reached by
state and locaJ officials and taxpayers afrer they have determined that a project Is imponant
for their community. .
1/
Therefore. I ask you 10 eltprcn your aeneral opposition to S. 1880. and to urge that
the June 14. 1996 effective dale be removed from the bill.