09/19/1996
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'City Commission
Meeting
9-19-96
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:'.:.".. ThUrsday's agenda is at the back of this agenda pack.
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ACTION AGENDA - CLEARWATER CITY COMMISSION MEETING
Thursday, September 19, 1996 - 6:00 P.M. - Chambers
1 . Invocation
2. Pledge of Allegiance
3. Service Awards
4. Introductions and Awards
5. Presentations:
a) Development Code Adjustment Board -
Annual Report
b) Sunsets at Pier 60 - Bob Hennion
6. Approval of Minutes - Regular Meeting
9/5/96
1. Father James Rousakis, Greek Orthodox
Church of the Holy Trinity.
2. Mayor.
3. 1 award presented.
4. Clearwater Gas presented Pasco Small
Business Service Industry of the Year Award.
Citations to Countryside Majors Softball AII-
Stars World Series Winners (11 & 1 2 year
old girls)
5. a) Report received.
b) None.
6. Approved as corrected.
7. Citizens to be heard re items not on the Agenda
John McGuire announced Hulk Hogan has agreed to assist in marketing in conjunction with the
Nagano efforts.
Marcus Taylor requested an investigation of Morton Plant Hospital's lab work.
John Doran invited the Commission to the Clearwater Beach Association Town Meeting on 9/25/96.
He encouraged residents on Clearwater beach sign the petition requesting reclaimed water.
Joe Evich stated he was not satisfied with the response he received re the relocation of water meters;
requested additional information.
PUBLIC HEARINGS
8. Public Hearing & First Reading Ord. #6082-
96 - Vacating existing 10' drainage & utility
easement lying along SE side of Lot 12,
Forest Wood Estates (David D. & Kathleen
Clausen, V96-11 HEN)
9. Public Hearing & First Reading Ords. #6080-
96 & #6081-96- Annexation & RS-8 Zoning
for property.located at 1751 Ragland Ave.,
Clearwater Manor, Lot 73 (Kenneth Schilling I
Terence A. & Kefli J. Suiters, A96-251
10. Budget - 1996-97 - Second Reading - Ord.
#6086-96 - Declaring millage rate to be
levied for FY beginning 10l1J96 and ending
9/30/97, for operation purposes including
pensions and debt service, and road
maintenance for capital improvement
expenditures at 5.1158 mills; providing an
effective date, the levy of 5.1158 mills
constitutes a 1.21 % increase over the rolled
back rate of 5.0547 mills (eM)
9/19/96
8. Approved. Ord. #6082-96 passed 1 st
reading.
9. Approved. Ords. #6080M96 & 6081-96
passed 1 st reading.
10. Approved. Ord. #6086-96 adopted.
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11. Budget - 1996-97 . Second Reading - Ord.
#6087-96 - Adopting an Operating Budget for
FY beginning 10/1/96 and ending 9/30/97;
authorizing City Manager to issue such
instructions necessary to achieve and
accomplish the service programs so
authorized; authorizing City Manager to
transfer moneys and programs among the
departments and activities within any fund as
provided by Ch. 2 of Code (eM)
1 2. Budget - 1996-97 - Second Reading - Ord.
#6088-96 - Adopting the Capital
Improvement Program Budget for FY
beginning 10/1/96 and ending 9130/97; ,
approving the six year CIP which shall be
reevaluated at the beginning of each fiscal
year; authorizing City Manager to issue such
instructions necessary to achieve and
accomplish the capital improvements so
authorized; authorizing City Manager to
transfer money between projects in the CIP;
appropriating available and anticipated
resources for the projects identified (eM)
13. Public Hearing - Res. #96-61 - authorizing
transmittal of the City's application for
inclusion in the State Sustainable
Communities Demonstration Project .
(statement of interest)
14. Public Hearing & First Reading Ord. #6075-
96 - revising appointment standards for
Planning and Zoning & Development Code
Adjustment Boards (lDCA96-16)
15. Public Hearing & First Reading Ord. #6076-
96 - Amending Secs. 40.034, 40.043,
40.064, 40.084, 40.104 & 41 .053 to allow
noncommercial parking as a conditional use in
single family residential districts (LDCA96-
12)
16. Public Hearing & First Reading Ord. #6071-
96 - Amending Comprehensive Plan including
. amendments to future 0 land use element as
required by F.S.163, related to the Public
Education Facility Siting Act
17. Public Hearing & First Reading Ords. #6078-
96 & #6079-96 - land Use Plan Amendment
to Institutional & PISP Zoning for property
. located at 1331 Cleveland St., Brook wood .
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11. Approved. Ord. #6087~96 adopted.
12. Approved. Ord. #6088-96 adopted.
13. Res. #96-61 adopted.
14. Approved. Ord. #6075-96 passed 1 st
reading.
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15. Approved. Ord. #6076-96 passed 1st
reading.
16. Approved. Ord. #6071-96 passed 1 st
reading.
17. Continued to 10/17/96.
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Terrace Revised, Blk 6, Lots 3-8, part of Lots
1 &. 2, lots 9-13 and N % vacated street
(Jaml AI Salam Inc., LUP96-05, 296-10) - To
be Cant. .
Public Hearing.- Second Reading Ordinances
18. Ord. #6089-96 - Amending Operating Budget 18. Ord. #6089-96 adopted.
for FY ending 9/30/96 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 Utility Fund, Recycling Fund,
Parking Fund, Pier 60 Fund, General Services
:,.1. Fund, Garage Fund, Central Insurance Fund,
and Administrative Services Fund
t . ~ 1 19. Ord. #6090-96 - Amending the Capital 19. Ord. #6090-96 adopted.
I Improvement Program Report and Budget for
,~ . FY ending 9/30/96 to reflect an increase in
. . budget expenditures to expand the scope of
~';'" ' projects in the functional categories of Fire
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Protection, Intersections, Garage, City Hall
Anrlex, Miscellaneous, Stormwater Utility.
and Gas System, and to reflect a decrease in
., budget expenditures to reduce the scope of
projects in the functional categories of Park '.
Development, Marine Facilities, and City Hall,
,,'. I for a net increase of $2,929,572
20. {Cant. from 9/5J96} .Ord. #6074-96 - 20. Ord. #6074-96 denied.
Amending Art. 1 of Ch. 28, to create Sec.
28.11 to prohibit a person from using
'., skateboards, roller skates, in-Une skates,
coasters and other similar devices in specified
locations
21. Not Public Hearing - First Reading Ord. 21. Ord. #6098-96 denied.
#6098-96 - Amending Art. 1 of Ch. 28, to
create Sec. 28.11 to prohibit a person from
using skateboards, roller skates, in-line
skates, coasters and other similar devices in
specified locations
22. Ord. #6066-96 - Land Use Plan Amendment 22. Ord. #6066-96 adopted.
, . to Preservation for property located at 20162
US 19N, Sec. 18-29-16, part of M&B 44.04,
" Sever Park, part of Lot 3 (As8 & Katherine
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Lewis, LUP96-04)
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23. Ord. #6067-96 - Preservation Zoning for
property located at' 20162 US19N, Sec. 18-
29-16, part of M&B 44.04, Sever Park, part
of Lot 3 (Asa & Katherine Lewis, Z96-07)
24. Ord. #6072-96 - Annexation for property
located at 1460 Sunset Point Rd., Sunset
Highlands Unit 2, Lot 11 (Rawlings, TRE,
A96-24)
25. Ord. #6073-96 - RS-8 Zoning for property
located at 1460 Sunset Point Rd., Sunset
Highlands Unit 2, Lot 11 (Rawlings, TRE,
A96-24)
23. Ord. #6067-96 adopted.
24. Ord. #6072-96 adopted.
25. Ord. #6073-96 adopted.
CITY MANAGER REPORTS
CONSENT AGENDA IItems #26-39) - Approved as submitted less #s 28 & 36.
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.
26. Lease renewal with Albert & Linda Guy for property located at 1000 Vine Avenue, Jurgens
Addition to Clearwater, Blk E, part of Lot 10, for CRT North Greenwood Neighborhood Office, for
the period 10/1/96-9/30/97, for $4,800 ($400 per month)(CRT)
27. Purchase of property, casualty, liability, worker's compensation, & flood insurance coverage for
FY 1996-97, in an amount not to exceed $900,000 (FN)
28. Approve recommendations of Technical Review Committee for allocation of $38,000 in additional
city social service funds which were approved by the Commission during budget hearings (HM) -
CONTINUED TO 10/3/96
29. Extend contract for mental health / substance abuse coverage with Professional Psychological
Services (PPSI, Clearwater, FL, for the period 1/1/97-12/31/97, at an est. $167,428.80 (HR)
30. U.S. Coast Guard Lease for marina building room 26, for a 5 year period, with annual renewals
through 9/3012001, for $11,400 (MR)
31. Lease Agreement with Daystar Properties, Inc., for premises located at 1217A N. Ft. Harrison
Ave., for the period 10/1/96-9/30/99, at an annual rental of $6,600 (PO)
32. Lease Agreement with Sgt. Allen Moore Community Partnership, Inc., for 1 996 Ford Econoline 1 5
Passenger Club Wagon, for 1 year commencing 9/20/96, renewable for up to additional 4 years,
at annual payment of $1 (PO)
33. Purchase Order to secure double detector check valve assemblies through a City of Tampa
contract with Davis Meter and Supply, Tampa, FL, for the period 9/20/96-8114/97, at a total est.
$61,525 (PW)
34. License Agreement for r.o-w with Sun Country Cleaners, Inc., for portion of Lots 6-10, Blk C,
Coachman Heights Sub., for 5 years, with initial year license fee of $1,020 if paid at $85 per
month; or at Licensee's option, a single annual advance payment of $960 plus applicable sales
tax~s, adjusting upward 4% annually, having option to extend for 3 additional 5 year terms (EN)
9/1 9/96
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35. Supplemental Agreement #9 to consultant services agreement (re Clearwater Pass Bridge) with
David Volkert & Associates, Inc., providing for preparation of Record Drawings and providing
redistribution of approved payment amounts in Phase II of the agreement with no increase to the.
agreement amount (EN)
36. Contract for parking attendant services at Pier 60 & S. Gulfview parking lots to Central Parking
System of Florida, Inc., Tampa, FL, for the period 10/1/96-9/30/99, for $802,158 (EN) -
APPROVED.
37. Receipt/Referral - LDCA to amend Sec. 41.221 to allow Outdoor Cafes in the P/SP and Open
Space/Recreation Zoning Districts on Clearwater Beach (LDCA96.20HCP)
38. Commission Policies (BD-13 & LD-14) to restrict Advisory Board member display of campaign
materials at board meetings & establishing procedure for conversions of Mobile Home Parks (eLK)
39. Appoint Commissioner Seel as National League of Cities voting delegate and Commissioner
Johnson as alternate
OTHER ITEMS ON CITY MANAGER REPORT
40. Res. #96-60 - amending Res. #96-25 which
established the State of Florida Incentive
Partnership. (SHIP) Local Housing Assistance
Plan for State Fiscal Year 1996-97 (ED)
41. Lease Agreement with Jolley Trolley
Transportation of Clearwater, Inc., for use of
portion of Memorial Civic Center, for the
period 10/1/96-9/30/2001 I at rental rate of
$1 per year (CM)
42. Funding Agreement with Jolley Trolley
Transportation of Clearwater, Inc., to fund in
part the operational costs incurred in
providing activities & services authorized by
agreement for period 10/1/96-9/30/2001,
subject to annual budgetary appropriation
approved by the Commission (CM)
43. (Cont. from 8/15/96) Marina Business Plan
(MR)
44. Res. #96-59 - increasing basic vessel slip
rental fees at Clearwater Municipal Marina;
First Reading Ord. #6085-96 - to amend Sec.
. 33.028 to authorize City Manager to approve
I vessel slip rent increases up to 10% annually
(MR)
45~ Pier 60 Business Plan (MR)
46. Lobbyist Contract - establish a ranking and
authorize negotiation with top ranked firm
(CLK)
47. Approve ranking of prospective Fixed Base
Operators to furnish aviation services at
Clearwater Airpark (EN)
9/19/96
40. Approved. Res. #96-60 adopted.
41. Approved.
42. Approved.
43. Approved.
44. Approved. Res. #96-59 adopted. Ord.
#6085-96 passed 1 st reading.
45. Approved.
46. Ranked Pennington, Culpepper, Moore,
Wilkinson, Dunbar & Dunlap #1; authorized
negotiation of contract.
47. Continued to 10/3/96.
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53. City Manager Verbal Reports
a) Pinellas County Legislative Delegation Breakfast M 11/12/96
City Manager announced the City is sponsoring the breakfast, 8:00 a.m. at Harborvlew
b) Countryside Recreation Center - Sunday Hours
City Manager requested permission to experiment with Sunday hours at 5 recreation Centers.
Commission directed the item be on the next meeting's agenda.
c) Schedule Community Meeting re Edgewater Drive Project
Scheduled for 11/4/96, 7:00 p.m. at Lawn Bowling Club.
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City Manager suggested $67,000 & $50,000 received from GTE for their cable franchise be set
aside for technology upgrades in City Hall. Consensus to do so.
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City Manager requested confirmation of Commission members attending the Enterprise Florida
Dinner. Seel & Hooper confirmed, Clark will cO':lfirm on Friday.
City Manager reported a letter was received from Bombers requesting reconsideration of
$10,000 match. Consensus not to agenda.
City Manager announced the City has received a rating of 3 from the Insurance Service Office.
She stated this is one of the highest ratings.
54. Other Commission Action
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.5wll questioned why Countryside Recreation Center could not be leased until January. City
Manager indicated Parks & Recreation felt they needed that much time to assure the facility is
functioning properly. City Manager will see if can begin leasing earlier.
~ questioned why Court Street is again being torn up. . Rich Baier reported this is work on the
Stevenson Creek Project that could not be coordinated w/FDOT's work.
Johnspn' questioned what ;s a scenic corridor. Scott Shuford reported it is a classification in the
Countywide rules intended to restrict the intensity of development.
Hooper congratulated the Colt 45s Softball Team for winning the Championship. He reported the'
tournament brought in many out of town visitors.
Hooper thanked the Wood Valley Advisory Board for their complimentary letter re Wood Valley
Recreation Center and Parks & Recreation staff.
~ announced an anonymous individual wants to donate a flag pole for Clearwater Pass
Bridge. Consensus to accept.
Garve~ questioned if staff could follow up on Florida League of Cities Federal Action Strike Team
requests. Commissioner Seel expressed interest in participating. Staff will contact the League.
Garvey questioned the necessity for monthly litigation reports. Consensus to get them quarterly.
Garvey questioned the status of the Time Warner franchise. The Deputy City Manager & City
Attorney reported we are close to agreement.
Garvey announced what was Know Your Local Goverment on Channel 9 will now be City Talk on
the'City's Channel 15.
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55. Adjournment - 9:43 p.m.
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CITY OF CLEARWATER
Interdepartmental Correspondence
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TO:
SUBJECT:
COPIES:
. Mayor and Commissioners
Cynthia E. Goudeaut City Cler~
Follow up from September 16t ~ork Session
FROM:
Elizabeth Deptula, City Manager
DATE:
September 17 t 1996
/.:
In response to questions raised at the September 16t 1996t Work Session the following
answers are in final agenda order.
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Item #28 - Social Service Funding - included in your packet is the information regarding
the number/percentage of Clearwater residents 'served.
Item #35 - Supplemental Agreementt Volkert - the information regarding any outstanding
items for the bridge project will be provided tomorrow.
Item #36- Attendant Parking Service - revenue and expenditure information regarding
attendant vs metered parking will be provided tomorrow.
Item #38 - Policies - the amended policy regarding campaign material being worn during
meetings is in your packet.
, II'
Item #39 - NLC Delegates - a title has been added under the consent agenda. There is no
paperwork.
Item #40 - SHIP - a corrected page showing the correct number of households has been
inserted.
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Item #41 & 42 - Jolley Trolley - we have been unable to locate more current informationt
will contact Jolley Trolley and hopefully have something for you tomorrow.
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9/16/96 Work Session Follow up
Page 2
Item #47 - Airpark FBO - copies of the four responses are provided. The original RFP is
in the City Manager.s Office if you wish to review it. Included in your packet is the budgeted vs
actual revenues and expenses for the past five years
Item #48 - Annex Demolition - information regarding aesthetic treatment of the land once
the building is razed will be provided tomorrow.
Item #49 - P,B,S & J Downtown Lake Work Order - is now in your packet.
Item #53c. Edgewater Drive Community Meeting - additional information regarding this
. project and dates the Lawn Bowling Club will be available are in your packet.
Miscellaneous: >
1) The rules are not included on this meeting.s agenda. Additional time is needed to make
sure directed changes did not affect other rules.
2) Attached to this memorandum is a copy of the time line included in the Brownfield
work plan. Under the bottom category of Manage Flow of Ownership, the economic baseline data
is not slated to be completed until mid January '97.
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C I T Y OF C LEA R W ATE R
Interdepartmental Correspondence
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Mayor Garvey
Sally Thomas, Agenda Clerk
Invocation
Cynthia Goudeau, City Clerk
September 19, 1996
.' Tonight's invocation will be offered by Father James Rousakis, Greek Orthodox
. Church of the. Holy Trinity, 409 Old .Coachman Rd., 34625 '
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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 September 19, 1966 City Commission Meeting
. DATE: September 19, 1996
The following presentations wili be made at the September 19, 1996 City Commission
Meeting:
S years ,
Miles BaUogg, Engineering (letter of appreciation and a pin with city seal)
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10 years
Philip Jackson, Police Department (letter of appreciation and a desk clock)
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15 years ,
Jon Russell, Parks and Recreation (Jetter of appreciation and a plaque)
PRESENTATIONS:
Chuck .Warrington, Clearwater Gas System will present the Pasco County Committee of
. 100 -Pasco Small Business Service Industry of the Year Award to the Mayor & City
Commissioners
Citations for the Countryside Majors Softball All-Stars World Series Winners and their
Coacbes
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t~dE~1~9:
Interoffice Correspondence Sheet
To: Mayor and City Commission
From:
Otto Gans, Chair, Development Code Adjustment Board oj
Subject:
Annual Report. 1995
CC:
William Schwob, Vice Chair, Development Code Adjustment Board
William Johnson, Development Code Adjustment Board Member
Mark Jonnatti, Development Code Adjustment Board Member
Ron Stuart, Development Code Adjustment Board Member
Elizabeth Deptula, City Manager
Pamela Akin, City Attorney
Kathy Rice, Deputy City Manager
Cyndie Goudeau, City Clerk
Scott Shuford, Central Permitting Director
Leslie Dougall-Sides, Assistant City Attorney
John Richter, Senior Planner
Gwen Legters, Board Reporter
"
Date: September 19, 1996
In 1995, there were 22 Development Code Adjustment Board meetings. At these meetings, the
Board examined, investigated and acted on requests for zoning variances, and reviewed proposed
ordinances amending the Land Development Code. Specifically:
. The Board renderedjudgmcnt on 104 variances; approving 92 and denying 12.
,0 The Board furnished recommendations and comments on 13 ordinances amending the
Development Code.
Only one variance case was appealed. At issue was the denial of lot width and clear space
variances for the expansion of a mixed-use building on Bayway Blvd. The hearing officer
presiding at the appeal found the application and evidence did not clearly support a conclusion
that there were special conditions applicable to the land or building. The hearing officer
consequently affirmed the Board decision to deny the variances. '
In our report to you last year, we asked that you continue to allow state-appointed hearing
officers to review and decide appeals of Board decisions and, also, that Board membership be
maintained at five members. Thank you for listening to us and giving us your support.
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Development Code Adjustment Board
1995 Annual Report
Page 2
Looking to the future, we wish to serve the City to the extent that would yield the greatest public
benefit. To that end, we've discussed at our meetings whether there is any additional way in
which we may be of selVice. One idea that emerged was returning the responsibility for sign
variances to the Development Code Adjustment Board. We understand that the timing of such a
change is a concern of yours, and we respect that. Please know that we appreciate the
importance of the sign code for we see the visual improvement that it has brought about in the
City. The economic and aesthetic benefits produced by the sign amortization program enhance
the City for residents, business owners, and tourists alike. We commend the Commission's
leadership and vision in this area. If, at the conclusion of the sign amortization program, the
Commission has an interest in delegating the responsibility for sign variances, we are confident we
could carry on your good work.
The members of the Development Code Adjustment Board are pleased to selVe the City of
Clearwater and its citizens. We gain personal satisfaction from our volunteer work for the City.
OUf'spirit, enthusiasm and devotion remains high, as does our attendance. Among all members
combined, there were only six vacation or health-related absences throughout 1995.
Please allow me to publicly recognize the persons who served on this Board and made it a
memorable and productive year:
J. B. Johnson, Joyce Martin, Alex Pliska and Emma Whitney, who served on the Board in
1995,and
WiUiam Schwab, WiUiam Johnson and Otto Gans, who served on the Board in 1995, and
who continue to selVe together with current members Mark JonnaUi and Ron Stuart.
I'd like to thank them and, also, add our sincere appreciation for the very capable and helpful
support that we've received from City staff: John Richter. Senior Planner, whose guidance and
advice is invaluable, Leslie Dougall-Sides, Assistant City Attorney, who keeps us out of trouble,
and Gwen Legters, Board Reporter. who skillfully reports our activities.
We feel confident our relationships and actions reflect positively for Cleanvater, as representatives
of the City and as citizens. Finally, we trust our work is up to the high standards we know you
expect, and that our decisions are sound and contribute to the long term well-being of our City.
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8
C" 1.It CLEARWATER CITY COMMISSION
~ IV ->--- Agenda Cover Memorandum
McctingDatc ~ -11.'16
SUBJECT: Vacation Request 96-11 (Oausen)
RECOMMENDA TION/MOTION: Approve the applicants request to vacate the 10 foot utility easement across
the rear of Lot 12, Forest Wood Estates Subdivision, and pass Ordinance 6082-96 ofthe first reading.
SUMMARY:
· , The applicant wants to construct a swimming pool and screened enclosure in his backyard.
· The City has no existing or proposed utitides within the :;ubject easement.
. General Telephone, Florida Power and Time Warner have reviewed the proposed vacation request and have no
objections.
. This application has been reviewed by the various City Departments concerned with vacations, and there were no
objections.
. The appHcant is also requesting that the Commission let him legally add about four feet of adjacent property to his
ownership. As it is non-City property, this is not a function of the City Commission.
. The City Engineer recommends that this vacation request be approved.
Reviewed by: Originating Dept. Costs: N/A Commission Action
Legal '9-' ~ Engineering Dcpmtmcnt (C\UTCt1t FY) Approved
Budget NlA User Dcpt. Funding Source: Approved
w/conditions
; , PurchnsinB N/it\. Capl Imp',
DcnilXi
Risk Mgml. N/A Advertised: Opernting
Conl'd to
IS ])alP.: 9151% & 9/12196 Other
ACM Paper. T l1lllpl) l'ribllJlc
ENG. Not required:
alliER AIfcctcd parties Appropriation Codc(s) Attnc1unenls:
notified X
Application
S.bmltt,dBy: F Ordinnncc 6082.96
: City Mana? Location Map
Not Required
VACATION 98-" CLAUSEN.AGN
RRV 9/11/96
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"Clausen"
VACATION REQUEST
PRO C E S SIN G SHE E T
PLEASE REVIEW THIS VACATION IN TERMS OF YOUR PRESENT USE AND FUTURE NEED
FOR THE PROPERTY. INDICATE YOUR COMMENTS BELOW:
REFERENCE ATLAS SHEET NO 265A SECTION 04 TOWNSHIP 298 RANGE 16E
-
1.
ENGINEERING SE~CES: # ~
REVIEWED BY: ~ APPROVED BY: (/-N/f1?t (;. DATE: rP-J-- ? I"
COMMENTS: The applicant is requesting the vat! of the East
10 foot Drainage & utility Easement lying in Lot 12, Forest
Wood Estates. The applicant is proposing to install a swimming
pool and screened enclosure which will encroach into the
easement. The City has no existing utilities within this
easement. Engineering Services has no objection to this
vacation request. Florida Power, General Telephone and Time
Warner Cable have no objection to this vacation request. The
applicants letter to the city Commission also asks the city to
let him add about four feet of adjacent land to his property.
This is not a function of the city to do this.
CENTRAL PERMITTING DEPARTMENT: A --J I)' /) -
REVIEWED BY: ~~ APPROVED BY: /1'vtvV1 i?--- DATE: a - l' - U
COMMENTS:. The Central Permitting Department has reviewed this Vacation _
Request and has no objections. The RS 6 zoning district in which property
is located requires a swimmingpoorlswimming pool enclosure setback of 7 feet
from rear property line. -
2.
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-" 3.
GAS DEPARTMENT: . - 4#dL.-e- I
REVIEWED BY:. -r."'~~ APPROVED BY: I~;~ DATE:!3/t.3 9(0
COMMENTS: f/te C((fCr~(;jfcr Gds 'JUI: fr:on-1 lu,,; 110 0& I e&'1-,cl''S TO Th,.~
r . " ~ &.bCJir len rcyw:-sr.
~
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CITY ENGINEER: Y \_~/
'REVIEWED AND APPROVED BY: /' . (flP
COMMENTS:, , /j; r Lt.-u.\,
(
DATE:
ADVERTISING DATE:
09/05/96
09/19/96
AND
09/12/96
PUBLIC HEARING DATE:
COMMISSION ACTION:----APPROVED----CONTINUED----TABLED----DENIED----
ORDINANCE NO.
DATE OF ADOPTION
RECORDED IN o. R. BOOK:
PAGE:
LETTER TO PROPERTY OWNER ADVISING COMPLETION OF VACATION
VACATION CARD FILE:
-
,-
CITY or CLEARWATER - ENGINEERING SBRVICES rolUC lftOOJ&a
P.o. BOX 4748, ctIARWA'RA. n. '4618"6748 PH. (813) 462-6970 1326-0104-
Y~CA~IO. ..OU,_,
~JLJ.9 .,oaM
1. NAME OF APPLICANT OR DESIGNATED REPRESENTATIVE:
NAME: UAu ~ \) \). ('____~AUS eN PHONE:_8.J~" 79b. 9i~7
ADDRESS:JW OAk ~i---1)r. S. ~l10t'rk{l-) ft- 3Yfol?
HEREBY PETITION THE CITY COMMISSION OF THB CITY OF CLEARWATER FOR THB
VACATION or TN! FOLLOWING:
E21.. BASEllEIl'l' TYPE: u+;",~ D RIGHT-OF-WAY
DALLEY D OTHER
2.. LEGAL DESCRIPTION OF PROPERTY TO BE VACATED, IE: IF IT IS A PORTION OF
AN EASEMENT, DESCRIBB WHICH PORTION, IF IT IS AN ALLBY, DESCRIBS FROM
WHERB '1'0 WHERE OR WHAT UYr/S IT ABUTS, IF IT IS A RIGHT.:oF-WAY
DESCRIBE HOW KUCii'TO BE VACATED.
lJ+~\ 1"1 fMc.l"\t:.f\\- C>fV p","clC. ()~~ -er-o~r--\-~f O-T, Loi- \-z.
fD re" +- I.N<:> <l .i- \ ~S -\ ""+- <:s ( B'f'Ida.\ f'.r'l.&)
...
At.
3" STREET ADDRESS OR SIMPLB LOCATION:
\~fo 1 OA~~-\-1)~. So~-\k..
4 " PROPOSBD USE or VACATED PROPERTY:
'5 cce(!(\CJ.. \v-.l S~\{Yl~'''S ?o~ \
5. ZONING OF ADJOINING PROPERTY:
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PAGE 1 OR 2
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6. ATTACHMENTS:
LAND SURVEY OF PROPBRTY IS REQUIRED IF THIS VACATION INVOLVES AN
EXISTING ENCROACHMENT.
DRAWING SHOWING PROPOSED USB OF VACATED PROPERTY
(SURVEY, PLOT PLAN, ETC.)
....1L- SEB ORDINANCE 5969-96 (ATTACHED) FOR FEE SCHEDULB
THE FOLLOWING LETTERS OF NO OBJECTION ARE REQUIRED:
'(LIST OF CONTACT PERSONS FOR THE UTILITIES IS AT'l'ACHED)
X FLORIDA POWER CORPORATION
-
"
...l- GENERAL TELEPHONE COMPANY
X TIME WARNER CABLB
_ .1>...........&..
OTHER
7.
NAME AND ADDRESS OF PROPERTY OWNER (PLEASE PRINT)
NAME: ))Prt..J\ \) "D. c..\~O'(N ~~l(JV E. PHONE:
ADDRESS: roft':} 1-
L c: c~ .. 5; (~
i"".-:,,;rt, ~ ./ ""
7 cr 1.,-9 'frJ-'1
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STATE OF .fLORIDA)
COUNTY OF PINELLAS)
w';!" ,./'6/
L. ':bI2, U C' .
. f (; . S KfJ 7/.:
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The foregoing instrument was acknowledged before me this -, ~ tA._ dv~td' /1
, i
~ At.
, who ia personally known to me or
by PAv~l) "1:>, ef~~
"It iHu:E 6r J.(1,; J e J frt..t '5 OJ
who has produced F? ~ bR.. L; ~ a!l.J~~
and who diJ4i4 not) take an oath.
H-''-tm-~ Notary Public, COlDllliseion No.
t ~' (Name of Notary typed, printed or stamped)
~ JANBT S. McMAHAN
NOIiI:)" ~ $lie d Rcx\dI
Com'n ElIprtI J4J'J a *'
My No. 00396080
Roro.1N T1tv I'Rltil'"'''' Imh'l
as identification
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PAGE 2 OF 2
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, I To The CIty Commission Of aearwater.
; I' ,I... asldn, 1he oommlsslon 10 allow me 10
; I hm'e the utility easement vacated In my back ~. My
; ,property la Lot 12, Forest Wood Estates.
: I I lUll also requesting that the Commission ; :
; ,will let 1M IePIIy add about four feet of property thai was :!
, I oooe a cattle path but Is noIol1ller used. We have been taklnli' !
~ I care of Iftls land for the past 8 years. Eight years 8Ilo tile i j
1 property ownerG next to me and Ihe prior owner put up . I!
11 I fence In ibis adUe path, this was prior to the aturdl buying I I
f IlheIr property and as far .u I know have not ob}eded. This I f
I would .,., IDe IOOre room to Install a screened In pool. I ! ~
r also belleWJ ibis would QIve the city bigger faX base. .; ;
i I Endosed Is a Plat Map showing the cattle paih ; ,
~ I and also our boundary survey done on 9-14.95. . ,
I Thank You For Vour Attention To These Matters. ; :
~ I SINCERo/ /i A". L-___
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DavId D. Oausen
1867 Oak Forest Dr. S.
.. GIearwciIer. florida 3461'9
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'CREST WOOO ESTATES 69"017 34 ~.
&ARBOR HILLS PARK 00"026 4J
lARBOR HILLS PARK AOO 51"01" :u tlX
1l000N OAKS 102'020 O. ..
lAK HAVEN ESTATES 60..028 on
'ARK HEIGHTS 10"073 .1
:AfETY HARBOR .-EIGHTS 07"023
.AlLS' LAKe PARK JRO AOO 77..021 46 -..
~LS' LAKe PARK UNIT (8) 69...08t JO
ac~~E PARI< ReV 04"'0"5
.oN1A TERRACe: 19"034 h
OOTH SEMlNOLE PARK 04...003
'ILOEA OAKS 8'\"'01D 21 a
nNOIHG OAJ<S PHASE I 107..076
~hQ'HG OAKS PHASE II 107'077 17
IS cOtlirRUIDC CHttSflAH cvnar I
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.CHICAGO TITLE INSURANCE COMPANY
, bl~~',Ni.IMtT~\/~'t).~~~~ COMPANY
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SEC. _. lWP..:.L S.. HCiE. _ E.
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BASIS OP BEARINGS.
T~e Southerly ~/M l1ne ot ~
Oak Forest Drive South, . -being ·
N44.32'44MB, (a8 per " I';{ plat)
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-BOUNDARY SURVEY.
LEGEND:
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P.'A- rcx.HD IROH ROO; '.c..'.R.. FOlN) CAPf'ED IRCN ROO: S.C.I.R.. seT CAPPED 1R0tI ROD; ',I.P.' F~ ~ '1P'E:
,.c.lJt.. 'CUI) CArPeD 1RCIt..1n: F.H.O,. fOl.H) NU. . DCSI\: Uto.. seT NAIL , ~: F.C-H.- Fou.o Cor~IE ~"~Hi:
,..R..H.. P'fRW,t!Hf AOPfNC( H<N.MEHT' '.U'.' ~ ClW1'RCt. POINT: r.L. POINT 01 IHTlR5lCTICH, R I '" . I!.IChI ~ III':'Y;
~1.eV.oEu!v"'TIOH: C.'.S,- CONCAt!Te 8LOCK STRUC~ CONC,.CONCReTI!.i ,6.SPH.' ASI'HAl.T: PVMT." P~',f~fNr:
COV.<OVERfDj o.-1lUO.i. seC.- SECTI~ Twr.. T~ ""l!!,. R>><<iE; r.. M.A1: H.- t1fASl..Af0:
R.- R.lDIU$,; "'- Nlf;; ".- CttOAOJ C.B.- ~ 8EARING: · c~~o Ji<f.c..:
A S\.AVI!Y Of'
LOT 12, POREST WOOD ESTATES
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AS ReCORED IN PlAT Ooot( "'. PAGe /1 ,OF THE PWLIC RECORDS Ofl PINELLAS co"'...ny. FLORIOA.
.. WILt.J,&H (, fC.UTH), nc 1UIYW"ttA" MU'CHSl-II.C a~ CUTII"Y 'IliA" lHI $UNCY ~KHT~ I1I:ReCtt AS t1CUIhO THe t'I~1tOU1 TI!CtoIttl:-'L
'TNOoIoRDS .T 'CAlli.' tHe P\..CIRIOA ltQ.UlO ~ ,,~ tI..INIYQRI. f'U4SUl.HT TO UCTIOH ..n.on ~ TtoE ,,,ORIOA "",tulfS A;$ ....U.:....u::I It4
MA.81 .....1'.. Ml"T, CII rt\.OII'....o.u.L .....~TI.:.l.. (HCll ...~ ~.. .........0. '1M,," ~ IH.~"'r. &uft'/UQA" 'RAL.' _. _ ___. _ .
l'l.(V",rlQN ST4TU1II!HTf T..II f' TOcun.., Tt-oAl rot! M..... oe,A/tolfO fLfvATIGH3 Si"oOWH ~RfOtot CJ# TI"I! M')VI" Cf\OCrhBlc I :.."ol. ,...U .: ':.':".:..1
SHOwN IC.RI:ON ..... Il.AKO CIH Ttt( hAT~ veItUC';" (lAT\I1, It", IUtCH"\AItK . looJ"""\,,~c. "' r_ ~1o~j'I:~,4IJ.':'
DtI'f. . COl.HTY.l'\.C'UD~
C~ITY NO. ,.AH!'L No.
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OCCAID .VI
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40 ~1_ 73
IIU I~I 110 I!,J I'" 6
36 LD' ""
fBllt eo 4' ~9 ~ 62 72
i ~ 1m ,ns I," fa"~ ! 7
35,1'1' "61
... 58
i 42 1814 e
,", '410 I
34 ",s
,no i 43 57 ~
! ISIS I~4 9
6- S 33 56 "M I"g
'"4 44- 65 69
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32
a I 1163 45 55 156' I 66
I 31 la~
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30 (,a 11,.'1 110
3 4
29 "~'
1140
49
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32/05
41/08
D
COUNTRYSIDE CHRISTlAN
CHURCH
54
1111
11 21
6
.
7602-1134
33/03
33/031
ORDINANCE 1';0. 6Q82-96
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
VACATING THE 10 FOOT DRAINAGE AND UTILITY
EASEMENT lYING ALONG THE SOUTHEAST SIDE OF LOT_
12, FOREST WOOD ESTATES; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, David D. Clausen, owner of real property located In the City of Clearwater,
has requested that the City vacate the drainage and uU11ty 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:
, SectJpn 1. The following:
The 10 foot drainage and uUllty easement tying along the Southeast side of Lot 12,
Forest Wood Estates as recorded In Plat Book 69, Page 17 of the Public Records of
Plnel1as County, Florida,
Is hereby vacated, closed and released, and the City of Clearwater quitclaims and releases all
of its right, title and Interest thereto.
Section 2, The City Clerk shall record this ordinance In the public records of Pinellas ,
County, Frorida, follOWing adoption.
Section 3. this ordinance shall take effect immediately upon adopUon.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Rita Garvey
Mayor~ommissloner
Approved as to fonn and
and legal sufficiency:
Attest:
,Ice
~~~
John Carassas
Assistant City Attomey
Cynthia E. Goudeau
City Clerk
Ordinance No. 6082-96
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COUNTRYSIDE CHRISTIAN'
CHURCH
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HOlE: This Is not a survey'
VA(:gI-U.dlP\J
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Florida
Power
,0",.0..ATlO..
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May 21, 1996
"David D. Clausen
1867 Oak Forest Dr.
Clearwater. FL
34619
, ,
re: 1867 Oak Forest Dr. Easement Vacation
Dear Mr. Clausen;
florida P~wcr Corporation (FPC) bas no objection to the vacation of the utility easement at the
above address., Specifically. 1he easement consists of the 10 feet along the back lot line of Lot
12 of Forest Wood Estates. '
If I ~y be of further assistance, please call me at S62~S6S9.
, ~ .
Sincerely
~
Ioseph G. Brown
Senior EngineCriDg Representative
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Clearwlter Engineering OUlee: 2166 Palmetto St.- Cfearwater. Ft. 34625 · <<813J 562.5659 · fAX la13} 662.6753
" A Roddll Ptogrtlu Comp6ny
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May 24, 1996
Mr. David D. Clausen
1867 Oak Forest Drive South
Cl~arWater, Florida 34619
,
RE: PROPOSED PETITION TO VACATE LOT 12,
FOREST WOOD ESTATES UTILITY EASEMENT
Dear Mr.. Clausen:
GTE Telephone
Oporatlons
Me: FlCW5060
621 Tarpon Avenue East
Tarpon Springs. FL 34689
613942-5900
813 942~5905
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GTE Telephone Operations has no objections to the
proposed petition to vacate as d~scribed above.'
Thank you for your cooperation. If you need further
assistance,' please call J. D. Nelson at 942-5927 in Tarpon
Springs. .
.-Very truly yours,
...
~~1p?r~
Engineeriflg supervisor
GRJ:pay
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A prt 01 GTE Corroralion
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Date: 5...24...96
Re: Vacation of Utility Easement in back of Lot 12 Forest Wood Estates
Dear David D. Clausen
Thank you for advising us of subject proposed project/vacation/adjustment.
x Time Warner has no conflict please see notes.
(1)
Time Warner no objections provided easements for our facilities are
granted or retained as shown on the attached drawing.
(21
I '
Time Warner has no objections provided applicant bears the expense for
rerocation of any Time Warner facilities to maintain service to customers
affected by the proposed vacation.
(3)
In order to properly e'/aluete this request, Time Warner will need detailed' (4)
prans of faciiitias proposed for subject areas,
,,~ "
Time 'I-/arner has facilities within this area whj(;,], n1ay conflict with subject (5)
proj.Sct. Pleas~ carr One ~a",
Time,\"Jarner requires 30 days written notice prior to construction start date (6;
date to relocate"their facilities.
.'
Please refer any further correspondence and pre-construction meetings to:
Gary Wac~oW'iak at 576-4123 E:<t..37~
, I
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;
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Notes;
~~
~~ChoW'iak
, .
" Field Engineer
,," ,
. PfMlro.. CtIlUll! R~ro"
I WJO ,'('wit SIrN, .VOM
$1. ftltnbll,!-11ond4 JJ;'IO
81J.$76.4123
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ef~
Clearwater City Commission
Agenda Cover Memorandum
f':'! {::":~~',.~,:,,:, :,W)f'::."<::;
t.~);::: ~~~ :~"'::~'~ f', t~} :::::l:).~~j
Item 1/' ,,"'" ., .. ,,, d" ~
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Meeting Date: r::'.. '~, ': '0:' ,.",)!
:\6;r}:~',,:,:',', .C',:S;;!d)l
SUBJECT:
· Petition for Annexation and Zoning Atlas Amendment for 1751 Ragland Avenue; Owner:
Kenneth Schilling (A 96~25)
RECOMMENDA TION/MOTION:
· Approve the Petition for Annexation and Zoning Atlas Amendment to Single-Family
Resldentral "'Eight" (AS-8) for Lot 73, Clearwater Manor, and pass Ordinances NO. 60aO~96
and 6081-96 on first reading.
I!I and that the appropriate officials be authorized to execute same.
SUMMARY:
PROPOSED ZONING AND FUTURE LAND USE
PROPOSED ZONING DISTRICT
,.. PROPOSED FUTURE LAND USE
CLASSIFICATION
ht" (RS-B)
Not a Iicable
REASON FOR REQUEST
· Sewer Service
ASSESSED VALUE OF SUBJECT PROPERTY
$ 68,400,00
Pertinent information concerning the request is summarized in the tables on page 2.
RnMwed by: OrIglnlltlng DeplIrtment:
Logal mrfflWN"A1mt&B HtM:cetftRAr::p.'friMl:tONG.\\CL
Budgot f.~:!~:).:~!~ N ~~:,,~:~~;:: 7 c
Purchasing ~k:h~:';('N Al-<:::>.::,,:d~~. Unr D.pBrtm~:
Risk Mgmt. ~;i~~~:~~~~'~:~H1A~:~>~~)"ij~ g%im~tt~~~~;t1~~~~fN~~}~~~Wl~~[~~fi;E:.ifiJ;f:!;g?
IS ~~~~~~*z~n;N/A;f;.~~l~r0.:~ '....
AC M Bi(~(t.tY '-"'~?~t;,~'~~~:~~
Current FlIelll YOIIr
Commllllon Action:
C Approvlld
C Approved with Conditions
o Dllnlod
D Cominuod to:
COltl:
Ci'(:?~;,:':i;::\'~:{Vi NlA::.
Total
~;~~~~~ :~:f:'X'>r T ~.;~}:)~?~'\~ /~::r.,i
Other ~f~i(@ffl~t~f.~~i~~~~~'~~[fr
Advert!.ed:
Funding Sourco:
D Capltlll
Improvement:
D
Operaflng:
D
Other:
,',
..,' '
..',..,
Attachment.:
Submitted by:
~~~
IfIl'Jlill
--
C Not Roquirod
Afflicted Partlee
D Notified
D Not Required
ORDINANCES NO. 6080-98
&. 60a1-96
XY0'~frt'~}~;:~fl?)~:!:1:~~:;'i:;:.::~~;2;,::':tEI;~':;:?:~:;r~g }~~~~~~~'~'p.1]'gIGW/M}
o NOnD
OPrlnted on reoyclod pepor
A 96-25
Page 2
EXISTING ZONING AND FUTURE LAND USE OF APPLICANT'S AND SURROUNDING
PROPERTIES
LOCA TION IN CITY OR FUTURE LAND USE PLAN ZONING ACTUAL USE
COUNTY CATEGORY
Subject County Residential Low R-3 Single-family residential
Property
North County Residential Low R-3 Slnale-familv residential
South City Residential Low RS-8 Sinale-family residential
East City Residential Low RS-8 Single-family residential
West City Residential Low RS-8 single-family residential
ZONING RESTRICTIONS
, ,
I
DESCRIPTION RS-6 ;;:~~~a~~~~rf~4.:~t'::::;~::';:;-;;:~':f:~( EXISTING
REQUIREMENTS
Density 5 . 5 u.p.a. maximum ;t~&lii~~,i~;~I~'t~~:tt~i::~'~~~~ Single-family
residential
Lot Area 7,000 SQ. ft. minimum ~ 5:;OOO\sQ:f:ft~''imlh:iI6):Y< 8,099 SQ. ft. m,o,l
Lot Width at setback line 70 feet minimum :':50\feef:'rhirihtfiJm')?~}n,:':[ 81 feet
Depth 85 feet minimum ::80,'Je'efriiinlmiih,\::<t::-::i:,i 1 00 feet
· The Planning and Zoning Board held a public hearing on this application on September 10, 1996 after
which they unanimously endorsed the proposed Annexation and Zoning Atlas Amendment to Single-Family
Residential "Eight" (RS-8) to the City Commission.
OTHER REQUIRED REVIEWS
YES NO
AGENCY
Pinellas Planning Council/Countywide Planning Authoritv X
Florida Department of Community Affairs X
. ABBREVIATIONS: R-3 = Single-family Residential District (County), RS-6 = Single-Family Residential
.Six'" (City); RS-8 = Single-Family Residential "Eight" (City), u,p,a. = residential units per acre.
CC A962
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(2)
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PETITION FOR ANNEXATION
IJE,;r,i;~ 'lOt rr\-',..<,' '~'~lO~~:;
r-;) \:;ib:.. U j l ~ ;~J"
.... 0"" ~ 'I
AUG 1 4 1996 '- 'G~
City Commission
City of Clearwater
P.O. Box 4748
Clearwater, FL 34618
Commissioners:
CENTRAL PEQMITnN'3
CITY CO;: eLl: ;MW:~ 'r::.!."!
. "
. .
"
.,
We, the undersigned, being all owners of the described real property,
contiguous to the present boundaries of the City of Clearwater, and situated In an
unincorporated area of Pinellas County, Florida, do hereby request that said
property be annexed into the corporate limits of the City of Clearwater, Florida.
We hereby further request that said property be zoned and classified under
the Zoning Ordinance of the City of Clearwater, as set forth on the folloWing page.
. .. ..
~~._' ....: Att~p.hed.: t'~~eto Is a cU,rre.l1t survey of the described property, (if it Is
unplatted), together with a certificate of title from a title company, a copy of the
deed or a letter from "8 licensed 'attorney setting forth the names of all persons,
firms or corporations. Q,wning any Interest In the described property.
II "r, ~'.'''1 t4r~ . .~' ... I'~.'" ',..
. The 'un~~r~lg~e'd ,hav,~ been advised of, understand and In consideration of
the~ ,~n~e*.qti~O,"..~ti~~tx }ervic~s, and other good and valuable consideration, do
herefjy ligree and covenant as follows:
1) All structures and improvements which are erected upon said. property
subsequent to the date of this petition, for annexation shall comply with aU
applicable City of Clearwater regulations and ordinances as set forth in the City
Code of Ordinances;
2) To convey such recreation land, recreation facilities and open space land
dedication ,and/or fees In the amount and manner prescribed by Division 2 and
3, Chapter 116, Article IV of the Clearwater Code of Ordinances; and
10
3) When any substandard abutting street or utilities are subsequently upgraded by
the City to meet City Standards, said improvement(s) will be done on an
assessment basis, consistent with City procedures therefore,
I '
-
We, the undersigned hereby certify that we have read and examined all of
~he statements and allegations In the foregoing Petition Including attachments and
after being duly sworn, deposed and say that such statements are correct,
complete and true and voluntarily made with full knowledge thereof.
STATE OF FLORIDA )
COUNTXOF PINELLAS )
4.---4' >4~'
Ke-AJrJe71I-- T. ~/+~LLc,o~
'$ tt 5 d--S" I c;?..~o -6~/P - 0
Pl.. bd. L- ic... 'd-"I' ft1/ti 7
~/~
Subscribed and sworn to before me this I.., day of
'.1 I " ,
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, 1926
'.....,' "
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~ JANET s. McMAHAFIorNida
Nollll)' Public, smto d
My Comm. cllplleG J1 Wv 25. 1998
No. CO 396\186
Oonded'T1\.'\I.Ulttll 'flltlrv C)m1tt
I G','
DISTRIBUTION:
Original - City Clerk
Copy - Legal Dept.
'Copy. -Central Permitting Dept.
I;:: ~ d\." '~'.
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ORDINANCE NO. 6080-96
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
ANNEXING CERTAIN REAL PROPERTY LOCATED SOUTH OF
MANOR BOULEVARD NORTH AND WEST OF LA.GOON
CIRCLE, CONSISTING OF LOT 73, CLEARWATER MANOR.
WHOSE POST OFFICE ADDRESS IS 1751 RAGLAND AVENUE,
INTO THE CORPORATE LIMITS OF THE CITY, AND
REDEFINING THE BOUNDARY LINES OF THE CITY TO
INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the owner of the real property described herein and depicted on the map
attached hereto as exhIbit A has petitioned the City of Clearwater to annex the property Into the
City pursuant to Section 171.044, Florida Statutes. and the City has complied with all applicable
requirements of Florida law In connection with this ordinance; now, therefore.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The foffowing-described property is hereby annexed Into the City of Clearwater
and the boundary lines of the City are redefined accordingly:
Lot 73, Clearwater Manor, according to the map or plat thereof as
recorded In Plat Book 41, Page 66, public records of Pinellas
County, Florida. (A96-25)
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, parkst rights-of-way and other dedications to the public which have
heretofore been made by plat, deed or user within the annexed property, The City Engineer, the
City Clerk and the Central Permitting Director are directed to include and show the property
described herein upon the official maps and records of the City,
Section 3. This ordinance shall take effect Immediately upon adoption. The City Clerk
shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the
Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after
adoption, and shall fire a certified copy with the Florida Department of State within 30 days after
adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Rita Garvey
Mayor-Commissioner
",
Approved as to fonn and
legal ufficlency:
Attest:
-
Leslie K. Dougall-Side
Assistant City Attorney
Cynthia E. Goudeau
City Crerk
OrdInance No. 6080.96
ORDINANCE NO. 6081 ~96
;1
I
AN ORDINANCE OF THE CITY OF CLEARWATER. FLORIDA,
AMENDING THE ZONING A nAS OF THE CITY BY ZONING
CERTAIN REAL PROPERTY LOCATED SOUTH OF MANOR
BOULEVARD NORTH AND WEST OF LAGOON CIRCLE.
CONSISTING OF LOT 73. CLEARWATER MANOR, WHOSE
POST OFFICE ADDRESS IS 1751 RAGLAND AVENUE. UPON
ANNEXATION INTO THE CITY OF CLEARWATER, AS SINGLE-
FAMILY RESIDENTIAL 8 (RS-8); PROVIDING AN EFFECTIVE
DATE.
WHEREAS. the assignment of a zoning district classification as set forth In this ordinance
Is found to be reasonable, proper and appropriate, and Is consistent with the City's comprehensive
plan; now, therefore.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CllY 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
Lot 73, Clearwater Manorl according to
the map or plat thereof as recorded In
Plat Book 41, Page 66, public records
of Plnellas County, Florida, (A96-25)
Sectign ~, The Central Permitting Director is directed to revise the zoning aUas of the City ,
In accordance with the foregoing amendment.
(RS~8) - Single-Family Residential 8
Section 3. Thts ordinance shall take effect immediately upon adoption, subject to the
adoption of Ordinance No, 6080-96.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Rita Garvey
Mayor-Commtssioner
Attest:
Leslie Dougall-SI e
Assistant City Attorney
Cynthia E, Goudeau
City Clerk
Ordlaanc. .o.'O'l~"
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23
PROPOSED ANNEXATION
AND ZONING
OWNER: Ken Schilling A: ~
ADDRESS: 1751 Ragland Ct PROPERTY DESCRIPTION: Clearwater Manor, Lot 73
LAND USE PLAN ZONING
COUNTY: Residential Low R.3
CITY: Residential Low RS 8
ACRES: 0,18
RIGHT-of-WAY: ACRES:
ATLAS PAGE: 263A SEC: 06 TWP: 29 S RGE: 16 E
':;;~:...,*~.> ":~k"'~"."" :,.,..~,.,..~.; ,.;:>:-.;.:':-:'....: ,',; .'.." :-:"':. :'.;.;>~.~:x~.; .....~~ -':.,....',. ~ ..,., . ,-( '~'< ': ,': ....::."..-',,: .;."...':..:.;.:.. .' .".., '. "~<,.': "~ c, ,:, : 'CItY. ~,O~:M.lS'$i'PN:,:,:t~i('i~l~j'~~~~~:,::t:;X~~:X::(;~:;;~;sL:~i<:i,):(, ','
<PIA NING'~AND: 'ZONING: BOAJlD~:~X~~;'$eP:J O~:, ,1996."",::::', :') ':;",'
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MILLAGE ORDINANCE
ORDINANCE NO. 6086-96
'0
1
I
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
DECLARING THE M]LLAGE RATE TO BE LEVIED FOR THE FISCAL
YEAR BEGINNING OCTOBER I, ]996, AND ENDING SEPTEMBER 30.
1997, FOR OPERATION PURPOSES INCLUDING PENSIONS AND DEBT
SERVICE, AND ROAD MAINTENANCE FOR CAPITAL IMPROVEMENT
EXPENDITURES AT 5,1158 MILLS; PROVIDING AN EFFECTIVE DATE.
THE LEVY OF 5.1158 M]LLS CONSTITUTES A 1.21 % INCREASE OVER
nm ROLLED BACK RATE OF 5.0547 MILLS.
WHEREAS, the estimated revenues to be received by the City for the ftseal year beginning
October 1,1996, and ending September 30, 1997, from ad valorem taxes is $21,269,320; and
WHEREAS, based upon the taxable value provided by the Pinellas County Property Appraiser I
5.1158 mills are necessary to generate $21,269,320; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF TIlE CITY OF
CLEARWATER, FLORIDA:
Section 1. It is hereby detennined that a taX of 5.1158 mills against the non..eltempt real and
personal property wjlhin the City is necessary to raise the sums to be appropriated for operation purposes, including
pensions and debt service, road and drainage capital improvement projects, for the flSCal. year beginning October 1,
1996,
',\
Section 2. The levy of 5.1158 mills constitutes a 1.21 % increase from the rolled back rate,
Section 3. This ordinance shall take effect October 1, 1996.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING
September 5, 1996
Rita Garvey I Mayor-Commissioner
Attest:
Cynthia E. Goudeau, City Clerk
A~ved as to form
p~ !khy Attorney
Ordinance 6086-96
-
~fV\ ~
'J. nd ~ .
OPERATING BUDGET ORDINANCE
ORDINANCE NO. 6087-96
AN ORDINANCE OF 'mE CITY OF CLEARWATER, FLORIDA,
ADOPTING AN OPERATING BUDGET FOR THE FISCAL YEAR
BEGINNING OCTOBER I, 1996, AND ENDING SEPTEMBER 30, 1997;
AUTHORlZlNG THE CITY MANAGER TO ISSUE SUCH INSTRUCTIONS
THAT ARE NECESSARY TO ACHIEVE AND ACCOMPLISH THE
SERVICE PROGRAMS SO AU11l0RIZED; AUrnORIZING TIlE CITY
MANAGER TO TRANSFER MONEYS AND PROGRAMS AMONG THE
DEPARTMENTS AND ACTIVITIES WITIlIN ANY FUND AS PROVIDED
BY CHAPTER 2 OF THE CLEARWATER CODE OF ORDINANCES;
PROVIDING AN EFFECTIVE DATE.
I \
WHEREAS, the City Manager has submitted an estimate of the expenditures necessary to carry on
the City government for the fIscal year beginning October I, 1996, and ending September 30, 1997; and
WHEREAS. an estimate of the revenues to be received by the City during said period from ad
valorem taxes and other sources has been submitted to tlte City Commission; and
WHEREAS, a general summary uf the operating budget, and ootice of the times and places where
copies of the budget message and operating budget are available for inspection by the public, was published in a
newspaper of general circulation; and
"tVHEREAS, the City Commission has examined and carefully considered the proposed budget; and
WHEREAS. in accordance with Chapter 2 of the Clearwater Code of Ordinances, the City
Commission conducted a public hearing in City Hall on September 5, 1996, upon said budget and tax levy; now,
therefore,
BE IT ORDAINED BY TIlE CITY COMMISSION OF TIlE CITY OF
CLEARWATER, FLORIDA;
: 1
Section 1. Pursuant to the City Manager's Annual Report and Estimate for the fiscal year beginning
October 1, 1996, and ending September 30, 1997, a copy of which is on me wi!h tbe City CJerk, tbe City
Commission hereby adopts a budget for the operation of the City, a copy of which is attached hereto as Exhibit A.
Section 2. The budget as adopted shall stand and be the budget of the City for said fiscal year,
subject to the authority of the City Commission to amend or change !he budget as provided by Section 2.519 of the
Clearwater Code of Ordinances.
Secdon 3. The City Manager is authoriud and directed to issue such ins\ructions and directives that
are necessary to achieve and accomplish the service programs authorized by the adoption of this budget.
Section 4. The City Manager is authorized for reasons of economy or efficiency to transfer part or
all of any unencumbered appropriation balance among programs within an operating fund, provided such action does
not result in the discontinuance of a program.
Section S. Il is the inlent of the City Commission that this budget, including amendments thereto, is
adopted to permit the legal appropriation and encumbering of funds for the purposes set fonh in the budget. All
Ordinance 6087-96
" . I ~ t ~ ~ , ~ , ' .' \ ' .
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appropriated and encumbered but unexpended funds at the cnd of the fISCal year may be expended during the
subsequent fiscal year for the purposes for wh1ch they were appropriated and encwnbcred, and such expenditures
. shall be deemed to have been spent out of the current budget allocation, It shall not be necessary to reappropriate
additional funds in the budget for the subsequent fiscal year to cover valid open encwnbrances outstanding as of the
end of ~.he current fISCal year.
Section 6. Should any provision of this ordinance be declared by any court to be invalid, the same
shall not affect the validity of the ordinance as a whole, or any provision thereof. other than the provision declared to
be invalid.
Section 7. This ordinance shall take effect October I, 1996.
PASSED ON FIRST READlNG
September 5, 1996
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PASSED ON SECOND AND FINAL
READING AS AMENDED
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Rita Garvey I Mayor.commissioner
Attest:
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Cynthia E, Goudeau, City Clerk
Approved as to fonn
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Ordinance 6087-96
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EXHIBIT A
1996.97 BUDGETED REVENUE
.'
Actual BUdgeted Budgeted
Revonues Rovenues Revenues
1994/95 1995/96 1996/97
GENERAL FUND:
Property Taxes 19,321,098 19,303,820 19,824,890
Sales Tax Revenue 4,119,798 4,358,260 4,532,590
Franchise Fees 6,276,054 6,144.630 7,451,180
Utility Taxes 12,736,281 12,845,080 13,982,880
LIcenses & Permits 2,434,975 2,402.000 2.432,000
Fines, Forfeitures and Penalties 1,362,768 1,508,000 1,434,000
" Intergovernmental Revenues 7,240,282 7,278,090 7,367,700
Charges for Current Services 1,079,495 1,110.490 1,510,240
Use and Sale of City Property and Money 1,491,210 1,366,350 1,811,800
Miscellaneous Revenues 159,217 108,420 106,680
Interfund ChargesfTransfers 8,506,186 9,311,830 9,778,230
Transfer from Surplus 500,000
TOTAL GENERAL FUND 64,727,364 65,736,970 70,732,190
SPECIAL REVENUE FUNDS:
Special Development 11,061,992 9.409,040 8,482,680
Special Program Fund 2,571,533 1,118,000 1,158,000
ENTERPRISE FUNDS:
Water & Sewer Fund 33,058,297 36,461,100 38,791,040
Stormwater Utility Fund 3,660,918 4,160,630 4,171,840
Solid Waste Fund 12,140,326 12,215,450 13,654,720
Gas Fund 13,672,908 19,055,970 19,975,550
Recycling Fund 2,235,298 2,341,100 2,380,260
Marine Fund 1,920,756 1,855,020 1,954,500
Parking Fund 2,544,674 2,586,090 2,582,060
Pier 60 Fund 305,558 335,340 0
Harborvlew Center Fund 174,885 796,500 1,863,440
INTERNAL SERVICE FUNDS:
. Administrative Services 4,263,250 4,563,430 6,036,330
General Services 2,829,407 2,921,480 2,340,340
Garage Fund 7,468,561 8,483,980 7,940,960
Central Insurance Fund 9,960,005 8,238,730 8,792,980
. " TOTAL ALL FUNDS 172,595,732 190,856,890 190,856,890
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Ordinance 6087-96
EXHIBIT A (Continued) I I
1996.97 BUDGETED EXPENDITURES
Actual Budgeted BUdgeted
ExpendItures ExpendItures Expondltures
, 1994/95 1995/96 1996/97
GENERAL FUND:
CIty CommIssIon 194,388 180,530 201,880
Administration 2,097,771 2,199,130 2,967,940
Legal 1,004,022 1,087,150 1,075,650
City Clerk 599,062 648,870 675,720
Info MgmVCommunlty Outreach 448,272 505,310 626,920
Finance Department 1,249,214 1,353,750 1,340,090
Human Resources 850,891 875,800 723,330
Police 20,524,094 21,972,490 23,769,360
Fire 10,130,345 10,171,060 10,779,070
EconomIc Development 443,229 470,810 449,770
Central Permitting 1.748,521 1,854,670 1,864,760
EngIneering Department 4,514,799 4,882,390 5,051,230
Public Works 1,502,249 1,637,020 1,665,660
Parks and Recreation 9,498,812 10,161.250 10.380,010
Ubrary 3,798,736 3,925,640 4,187,130
Salllng Center 107.537 122,690 124,480
Pier 60 nla nla 269,780
Non.Oepartmental 9,577,290 3,688,410 4,579,410
TOTAL GENERAL FUND 68,287,232 65,736,970 70,732,190
',. , SPECIAL REVENUE FUNDS:
SpecIal Development 7,570,288 9,113,160 8,048,590
Special Program Fund 1,914,037 1,018,000 1,058,000
ENTERPRISE FUNDS:
Water & Sewer Fund 31,760,441 35,439,210 38,791,040
Stormwater Utility Fund 2,241,249 4,160,630 4,049,720
Solid Waste Fund 11,221,899 12,215,450 13,654,720
Gas Fund 13,310,689 17,998,010 19,111.460
, ' Recycling Fund 1,055,611 2,128,680 2,380,260
Marine Fund 1,782,259 1,805,460 1,935,910
Parking Fund 2,300,342 2,586,090 2.582,060
Pier 60 Fund 321,229 323,880
Harborvlew Center Fund 203,089 796.500 1,863,440
INTERNAL SERVICE FUNDS:
Administrative Services 4,062,073 4,553,830 5,990,910
General Services 2,577,270 2,826,870 2,291,930
Garage Fund 6,452,881 7,962,750 7,910,180
Central Insurance Fund 10,593.490 7,645,200 8,113,650
" TOTAL ALL FUNDS 165,654,079 176,310,690 188,514,060
Ordinance 6087-96
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CAPITAL IMPROVEMENT ORDINANCE
ORDINANCE NO. 6088-96
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
ADOPTING THE CAPITAL IMPROVEMENT PROGRAM BUDGET FOR
THE FISCAL YEAR BEGINNING OCTOBER 1, 1996. AND ENDING
SEPTEMBER 30, 1997; APPROVING THE SIX-YEAR CAPITAL
IMPROVEMENT PROGRAM WHICH SHALL BE REEVALUATED AT THE
BEGINNING OF EACH FISCAL YEAR; AUTHORlZlNG THE CITY
MANAGER TO ISSUE SUCH INSTRUCTIONS TIlA T ARE NECESSARY
TO ACHIEVE AND ACCOMPLlSH TIlE CAPITAL IMPROVEMENTS SO '
AUTHORIZED; AUTHORIZING THE CITY MANAGER TO TRANSFER
MONEY BETWEEN PROJECTS IN THE CAPITAL IMPROVEMENT
PROGRAM; APPROPRIATING AVAILABLE AND ANTICIPATED
RESOURCES FOR THE PROJECTS IDENTIFIED; PROVlDING AN
EFFECTIVE DATE,
; .,
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WHEREAS, the City Manager has submitted a proposed Six-Year Capitallmprovemenc Program.
and bas submitted an estimate of the amount of money necessary to carry on said Capital Improvement Program for
the fLSCal year beginning October 1. 1996, and ending September 30, 1997; and
WHEREAS, an estimate of the resources available and income to be received by the City during
said period from ad valorem taXes and other sources has been submitted to the City Commission; and
WHEREAS, a general summary of the Capital. Improvement Budget, and notice of the times and
places when copies of the budget message and capital budget are available for inspection by the public. was published
in a newspaper of general circulation; and
WHEREAS, the City Commission bas e:x.amined and carefully considered the proposed budget; and
WHEREAS, in accordance with Chapter 2 of the Clearwater Code of Ordinances, the City
Commission conducted Ii public hearing in the City Hall upon said proposed budget on Seplernber 5, 1996; now.
therefore,
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BE IT ORDAINED BY THE eln" COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Seclion 1. Pursuant to the Capital Improvement Program Report and Estimated Budget for the fiscal
year beginning October 1. 1996, and ending September 30, 1991, a copy of which is on me with the City Clerk, the
City Commission hereby adopts a budget for the capital improvement fund for the City of Clearwater, a copy of
which is attached hereto as &bibjt A.
Section 2. The Six~Year Capital Improvement Program and budget. a summary of which is
attached hereto, marked Exhibit a, is approved in its present form, but prior to the beginning of each fISCal year the
City Commission shall reevaluate priorities, hold public hearings and fornW.ly adopt additions or corrections thereto.
Section 3. The budget as adopted shall stand and be the Capllal Improvement Program budget of
the City for said fISCal year, subject to the authority of the City Commission to amend or change the budget as
Ordinance 6088-96
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provIded by Section 2.519 of the ,Clearwater Code of Ordinances.
Section 4. The City Manager is authorized and directed to issue such instructions and directives that
are necessary to achieve and accomplish the capitallmprovements authorized by the adoption of this budget.
Section 5. The City Manager is authorized to tran.sfer appropriations within the capital budget,
provided such transfer does not result in changing the scope of any project or the fund source included in the adopted
capital budget,
, Section 6, Should any provision of this ordinance be declared by any court to be invalid, the same
shall not affect the validity of the ordinance as a whole, or any provision thereof, other than the provision declared to
be invalid.
Section 7. This ordinance shall take effect October I, 1996.
~~. '
PASSED ON FIRST READING
September 5, 1996
PASSED ON SECOND AND FINAL
READING
Rita Garvey, Mayor-Commissioner
Attest:
Cynthia E, Goudeau, City Clerk
Approved as to Conn
flk./k
Pamela K, Akin, City Attorney
I,
Ordinance 16088-96
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Ordinance 6088-96
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EXHIBIT A
CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 1996/97
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Original
Budget
1996/97
FUNCTIONS:
Pollee Protection
Fire Protection 453,180
New Street Construction 2,300,000
Major Street Maintenance 1,666,080
Sidewalks & BIke Trails 430,000
Intersections 285,000
Parking 175,000
Miscellaneous Engineering 1,700,000 ! '
land Acquisition l
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Park Development 1,894,200 !
Park Beautification 40,000 I
Marine Facilities 320,000 j
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libraries 820,560
Garage 2,258,600 ,
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" Maintenance of Buildings 200,000 I
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" Miscellaneous 1.489,000 I
Stormwater Utility 1,813,000 i
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Water System 2,245,000 i
" Sewer System 7,660,000
Gas System 9,581,360
Solid Waste 762,000
Recycling 570,600
Utillties Miscellaneous
TOTAL 36,663,580
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EXHIBIT A
RESOURCES APPROPRIATED FOR CAPITAL PROJECTS 1996/97
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Original
Budget
GENERAL SOURCES: ,1996/97
General Operating Revenue 2,005,500
Genera1'Revenue/County Coop 210.560
General Fund/County EMS ' 73,680
Road Millage 1,591,080
Inrrastructure Tax 41314,200
Transportation Impact Fees 500,000
, Development Impact Fees 100,000
local Option Gas Tax 1,390,000
Grant-Airpark 275,000
SELF SUPPORTING FUNDS:
,Marina Operating Revenue 84,000
Parking Operating Revenue 175,000
Utility System:
, Water & Sewer Revenue 3,764,000
Water Impact Fees ' 110,000
Water R & R 850,000
Sewer Impact Fees 50,000 ,
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Gas Revenue ' ' 801,960 I
Solid Waste Revenue 542,000 ,
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Recycling Revenue 465,600
Grant - WPC 21000,000
Reta1':led Earnings - Sewer 2,100,000
INTERNAL SERVICE FUNDS:
Garage Fund 85,800
Administrative Services 67,000
BORROWING - GENERAL SOURCES:
Lease Purchase 617,000
BORROWING - SELF SUPPORTING FUNDS:
Enterprise lease Purchase 491,000
BORROWING ~ UTILITY SYSTEM:
Current Water Bond 80,000
1994B Gas Bond Issues 8,789,400
BORROWING - INTERNAL SERVJCE FUNDS:
Garage Fund lease/Purchase 2.185,800
Administrative Services LeaselPurchase 695,000
TOTAL ALL FUNDING SOURCES: $36,663,580
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Clearwater City Commission
Agenda Cover Memorandum
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Item #: :)'::~/:'::\9;:~X:i\,:i,!
Meeting Date: :~
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SUBJECT:
Sustainable Communities Demonstration Project
RECOMMENDA TION/MOTION:
Hold public hearing and adopt Resolution No, 96-61 authorizing the transmittal of the City of
Clearwater statement of Interest In the State Sustainable Communities Demonstration Project.
Il5l and that the appropriate officials be authorized to execute same.
SUMMARY:
The 1996 legislature authorized the Department of Community Affairs to initiate a sustainable communities
demonstration project. Up to five local governments, at least three of which must be located totally, or in
part, within the South Florida Water Management District, may be selected to participate in this innovative
project. Communities chosen will be of differing sizes and characteristics, It is the intent of the legisluture
that the project will be used to further six broad principles of sustainability: restoring key ecosystems; limiting
urban sprawl; protecting wildlife and natural areas; advancing the efficient use of land and other resources;
achieving a cleaner and healthier environment; and creating quality communities and jobs.
City staff is interested in pursuing the designation of Clearwater as a sustainable community under this
program. Communities that enter into a designation agreement as a sustainable community may receive
certain exemptions from state laws regarding local government comprehensive planning. Other regulatory and
financial incentives may also be made available to these governments.
Clearwater has done a great deal of work that we feel will qualify us for consideration, This includes our
reclaimed water, recycling, environmental protection, noighborhood planning, redevelopment planning, infill
development, identification of key resources, brownfields, and economic development, and tourism efforts,
For us to be considered a sustainable community, we must transmit a statement of interest to the Department
of Community Affairs by September 30, 1996. We are requesting that you approve the attached resolution
that authorizes the transmittal of this statement of interest,
RevlGwed by: ' I ItA- Originating Department: COltS: Commission Action:
Legal CEN~!I'MlnING o Approv.d
Budget NA Total o Approved w/Condltlon.
Pwch..lng NA User Department: o D.nl.d
Rlek Mgmt. NA Current R_clIl VeIlr o Continued to:
IS NA FundIng Sourco:
ACM .~rL o c.p1lal
Improvlment:
Oth.r NA Adv.rtlaed: 0
O~ratJng:
Oat.: 0 Attachments:
~ o Ihlr:
Pap.r: Rn. No. 96.61
Submitted by: V [J Not R.qulred Appropriation Code Tran.mltt.l utt.,.
~2.4 Affected Parties: Stat.m.nt of Int"..t
ctt ger o Notified o Non.
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o Print.d on recycled paper
RESOLUTION NO. 96-61
A RESOLUTION OF THE CITY OF CLEARWATER CITY
COMMISSION AUTHORIZING THE TRANSMITTAL OF THE
CITY OF CLEARWATER APPLICATION FOR INCLUSION IN
THE STATE SUSTAINABLE COMMUNITIES DEMONSTRATION
PROJECf; PROVIDING AN EFFECfIVE DATE.
WHEREAS. the State of Florida has established a Sustainable Communities
Demonstration Project to promote Usustainability" and to direct State planning assistance
and other resources to communities that are accepted into the Demonstration Project~ and
WHEREAS, the City Commission of the City ofClemwater has, in a duly-noticed
public hearing, detennined that the stated objectives ofthe Sustainable Communities
Demonstration Project are compatible with and supportive of City of Clearwater goals and
initiatives in the areas ofinfill development, environmental protection, open space and
recreational opportunity provision, redevelopment, development review streamlining,
cost-effective infrastntCture provision, economic development, tourism development and
promotion, multimodal transportation, code compliance. and affordable housing.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF
CLEARWATER CITY COMMISSION duly assembled this 19th day of September
1996.
, Section 1. Transmittal authorized. The Mayor of the City of Clearwater is
hereby authorized by the City Commission of the City of Clearwater. Florida to execute
appropriate documents and effect the transmittal of the City's statement of interest for
incl,usion in the Sustainable Communities Demonstration Project to the State Department
of Community Affairs Bureau of State Planning and to the Tampa Bay Regional Planning
Council.
Section 2. Effective date. This resolution shall become effective immediately
upon adoption.
PASSED AND ADOPTED this
day of
. 1996.
Rita Garvey, Mayor
City of Clearwater
Approved as to form and legal sufficiency:
Attest:
Pamela K. Akin
City Attorney
Cynthia E, Goudeau
City Clerk
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OF
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POST OFFICE Box 4748. D..EARwATER, FLORIDA 34618-4748
112 SOU11I 0sCElX.A AVENUB. CU!ARWATER. FLoRIDA 34616
TELEPHONE (813) 462-6700 PAX (813) 462-6720
CITY co~iMIsstON
.
September 20, 1996
Mr. James L. QUiM, Chief
Bureau of State Planning
Florida Department of Community Affairs
.25SS Shumard Oak Boulevard
Tallahassee, FL 32399.2100
RE: Sustainable Communities Demonstration Project
Dear Mr. Quinn:
On behalf of the City Commission of the City of Clearwater, I am writing to express our
interest in participating in the Sustainable Communities Demonstration Project.
Clearwater is located, in the most urbanized county in Florida, but has been a leader in
attempting to promote appropriate infill development, streamline regulations, and to provide
exceptional open space areas, outstanding environmental protection, and compact urban
services.
You may find it unusual that a community which has relatively little vacant land would be
interested in this program. However, Clearwater was primarily developed during the "boom
times" of the 1920's, 1950's and 1970's. The buildings which were constructed during these
periods are in need of renovation, adaptive reuse, or redevelopment. These activities need to
occur in a manner which will respect the environment, create additional open space
opportunities, and be compatible with existing development, while receiving adequate service
by City infrastructure.
We face challenging times in Clearwater as our City redevelops. We hope to be able to utilize
the resources and planning expertise of your office through the Sustainable Communities
Demonstration Project.
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Mr. James L. Quinn
September 20, 1996
Page 2
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Our City Commission authorized this application on September 19, 1996 through the adoption
of the attached resolution. Our 'application package has' been forWarded to the Tampa Bay
. Regional Planning Council (TBRPC) for consideration at their October meeting. TBRPC
. " cOmments wiU be fonvarded to you in a separate transmittal.
PI~ accept this statement of interest. If you have, questions or comments, please contact
Scott Shuford, Director of Central Permitting, at 813-5624584. We look forward to hearing
from you. , '
" Sincerely, :
Rita Garvey
~ayor
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CC:' . City Commissioners
Julia E. Greene, TBRPC Executive Director
, ~li?-Clbeth M. Deptula, City Manager '
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Lm"I'ER. SUSTAINABLB. lANES QUINN . DCA
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CLEARWATER
POST OFFICE Box 4748. CLEARWATER, FLoRIDA 34618-4748
112 801mr OSC!a.A AVENUE, ClP.ARwATER. FLoRIDA 34616
'I'ELEPnoNE (813) 462.6700 FAX (813) 462.6720
CITY COMMISSION
September 20t 1996
Julia E. Greene, Executive Director
Tampa Bay Regional Planning Council
9455 Koger Blvd.
S1. Petersburg, FL 33702
RE: Sustainable Communities Demonstration Project
Dear Ms. Greene:
Enclosed please find the City of Clearwater statement of interest for the Sustainable Communities
Demonstration Project. We greatly appreciate your kind offer to take this matter before the
Tampa Bay Regional Planning Council in October: We look forward to receiving the TBRPC
response to our statement of interest; we will have representatives at the meeting to discuss this
matter in detail if requested by the Council.
"
We would also appreciate you forwarding a copy of the CouncWs response to OUf statement of
interest to:
Mr. James L. Quinn, Chief
Bureau of State Planning
Florida Department of Community Affairs
2555 Shumard Oak Boulevard
, Tallahassee; FL 32399-2100
If, you have questions or comments, please contact Scott Shuford, Director of Central
Permitting, at 813-562-4584. We look forward to hearing from you.
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Sincerely,
Rita Garvey
Mayor
RG/SSldb
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Sustainable Communities Demonstration Project
City of Clearwater - Statement of Interest
The City of Clearwater is pleased to submit this statement of interest for designation under the
Sustainable Communities Demonstration Project. As the preceding transmittal letter indicates, the
City of Clearwater is largely "built-out" but, due to the age of development within the City,
Clearwater is facing the challenges of redevelopment and adaptive reuse of these older properties.
Because the Sustainable Communities Demonstration Project intends to promote appropriate
urban infill and discourage urban sprawl type development, Cleanvater is extremely interested in
this program. We feel our location within the Tampa Bay metropolitan area serves as an
enormous attraction for redevelopment. Development in Clearwater, in an urban village format,
will reduce development pressure on outlying rural areas that border the Tampa Bay region.
URBAN GRQWm BOUNDARY. Clearwater has a de facto "urban growth boundary" which
is defined by various interlocal agreements as the City's "planning area". Our "planning area"
defines the extent of the City's ultimate annexation area and physical growth.
GENERAL INFORMATION. The City of Clearwater is committed to providing the
appropriate levels of infrastructure to support infill development. We have made substantial
financial commitments to constructing a fixed span replacement bridge to our island communities.
Our stonnwater focus is shifting toward regional retention, rather than site-by-site retention; this
is most clearly evidenced by the provision for a lake in our Downtown Redevelopment Plan which
will serve aesthetic, stormwater retentiont environmental clean up and open space purposes. We
have an award-winning recycling program and are implementing a cost-effective reclaimed water
program.
The City of Clearwater has recognized and is addressing the enormous consequences of past
environmentally unsound development and land use practices. We are one of only two
communities in Florida to have received a Federal Brownfield designation which we hope to use
throughout the City to spur cleanup of our problem areas in order to promote public health and
safety as well as economic development.
The City is addressing blighted land uses through redevelopment and neighborhood planning,
extensive code enforcement and through an unsafe structures program,
Further, we recognize our role in Florida's economy. We have made tourism development one of
our strategic goals. Our efforts in this area range from infrastructure improvements (streetscapin8
on Clearwater Beach) to promotion of our area to quality monitoring of our smatter motels
(superior lodging program).
Sustainable Communities Demonstration Project
City of Clearwater Statement of Interest
1
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Clearwater is also committed to streamlining our development review practices. For example,
within the past two years, we have reduced our minimum site plan review times for larger
developments from 45 days to 10 days, while providing for improved public notification.
Clearwater promotes its streamlined regulations and customer service to the development
community as an economic development tool.
Clearwater's commitment to compatible redevelopment and urban infill is perhaps best evidenced
in its draft Future Land Use Element. This draft Element was produced as a result of the
Evaluation and Appraisal Report (EAR) for the City. It has received preliminary review and
approval by the City's Local Planning Agency (City of Clearwater Planning and Zoning Board)
acting as the Citizens Comprehensive Plan Review Task Force for the Future Land Use Element
under our EAR public participation process, Secti~ns of this element are quoted in the following
matrix.
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The remainder of this application will attempt to direct DCA reviewers to City activities which
relate to the demonstration project review criteria. This information is summarized in the
,following matrix and is arranged in the order of issues provided in section (3) of the legislation
and repented in DCA Director Murley's letter to interested communities.
In summary, as the information contained in the following table suggests, the City of Clearwater is
very actively seeking to establish itself as a sustainable community, We are committed to the
reduction of urban sprawl, the provision of urban infill development, the protection of our
environment, the preservation of open spaces, the provision of outstanding permitting service, and
the creation of a local economy that enhances opportunities for Clearwater's citizens, visitors, and
all residents of the state of Florida.
~ONTAcr PERSON; For further information with regard to this application, please contact
Scott Shuford, Director of Central Pennitting, at 813/562-4584 (office/voice mail) or 813/562-
4576 (fax). Mr, Shuford can also be reached by writing to City of Clearwater Central Permitting ,
Departmen~ P.O. Box 4748, Clearwater, FL 34618-4748.
Sustainable Communities Demonstration Project
City of Clearwater Statement of Interest
2
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ECONOMIC DEVELOPMENT
THE CLEARWATER PERSPECTIVE
Central Permitting Department
PHILOSOPHICAL BACKGROUND
Oeanvater's Central Permitting Deparbnent has, for some time, approached economic
development from two perspectives, First, we have recognized that streamlined
development review is an absolute necessity in promoting an effective relationship between
City regulators and the business and development community. Development capital is
mobile and there are plenty of receptive markets in this state and across the counby. Even
though we have a high-rated market here in the Tampa Bay region, to remain competitive,
we have to continuously demonstrate a customer-friendly attitude toward development.
Since our City has only a limited amount of vacant land and an aging commercial and
residential built environment (until the mid-1990's, Clearwater's development "booms"
were in the 1950's and 1970's), redevelopment will be our "bread and butter;" this requires
flexibility in meeting market needs, like accommodating high tech manufacturing in
commercial areas.
This means:
. Shortened review times, with more code interpretation and policy decisions
made up-front
. A highly-trained, empowered, customer-oriented workforce, with immediate
access to supervisory staff for policy decisions
. An impact-based analysis of development and redevelopment proposals with a
willingness to problem solve
Second, to attract quality development, our regulations must promote high standards
reflective of our community character. The regulations must have a demonstrable
connection to adding value to both new and existing development. Clearwater must
concentrate on high-visibility, high value-added regulations like sign control, exterior
architectural design requirements, mixed use and transit-oriented development regulations,
historic preservation, landscaping and tree protection requirements and similar regulations.
The March, 1996 Landlines newsletter of the Lincoln Institute of Land Policy contained lwo
articles that directly address this two-pronged development guidance concept Excerpts
follow:
II Imagining Cityscapes: TIre Politics of Urban Development" by Arm
D'M, Bowman and Midtael A. Pagano
"Imagine two communities in the Rocky Mountain region in the late 1860's,
One is located along the transcontinental railroad, the other is 100 miles to the
south. Which community would come to dominate Ute region by the turn of
the century? Counterintuitively, the latter community did, There, aggressive
entrepreneurs and community leaders orchestrated the completion of a spur
linking the town to the railroad and then commenced a promotional
campaign on the communityls behalf. Over timeJ that town, Denver,
flourished, while Ute other, Cheyenne, did not Denver leaders did not rely
on chance. Instead they mobiliZed public resources to pursue Uteir vision of
Denver as a major city. , .. {P}ublic economic development is the result of a
purposive political decision and is undertaken selectively,
Mobilizing Public Capital
II. . . But for some city officials, a perceptual concern motivates their actions.
They may want their city to move into a higher orbit or plane within its
IIsystem of cities," the spatial and market area within which cities compete to
provide goods and services, These city leaders hope to expand their city's
influence beyond the immediate region rather than cast its fate to the
workings of the marketplace. They actively intervene in hopes their city will
catapult to a higher level or regain lost status within its relevant system,
i
1
I
City T
II. '. . r.l;ansionist cities' are in fairly healthy economic shape, but they
mobilize more economic development tools than the average city out of the
desire to become a higher order city. 'Maintenance cities' also enjoy economic
and fiscal health, but city officials refrain from mobilizing many economic
development tools because they want to control or manage growth.
". . . In Huntsville, Alabama, an 'expansionist city,' there are no reservations
about using the public sector to prime the economic development pump, But
unlike in Duluth, Huntsville officials are not responding to economic decline.
Instead, their motivation is a vision of Huntsville as the major high~tech,
regional city of the new South, To pursue that vision, the city has constructed
an economic development program around extant defense installations and
the aerospace industry. Huntsville markets itself as a limitless place, as a
, community reaching for the stars.
I'Santa Barbara, California, is a 'maintenance city' guided by its vision as a
Refuge from the Commonplace. It does not offer money or underwrite
programs for commercial rehabilitations, It provides no low-interest
subsidies for business, It offers no tax abatements, It has no marketing
program for economic development It conducts no industrial recruibnent
There is no pro~ram in Santa Barbara to leverage private invesbnenlt nor is
there a public/private partnership, City assistance or involvement in
development often is nothing more than approval of a proposed project The
city's dominant policy instrument is the comprehensive plan. Zoning
variances, manipulation of the parking supply, and the imposition of fees are
additional tools. The city does not promote development the way other cities
do; instead, Santa Barbara molds it
Politics Matter
liThe envisioned city of tomorrow is not static; it evolves in response to
shifting economies and political coalitions, A dty's underlying economic
base, its governing coalition, and the vision of its leaders are in constant
tension with other conflicting opportunities, possibilities and visions,lt
Ulnd Use ill A11Ieriaz by Henry L. Diamond and Patrick F. Noonan
The authors "propose a 10~point agenda to help America's communities accommodate
future growth in more environmentaJly sound and fiscally responsible ways,lI Item 3 in
this agenda is:
liThe rules governing land development need to be
overhauled. They need to be more efficient and more
flexible, encouraging - not hindering - new approaches to
land development and conservation."
CLEARWATER'S IMAGE
.... .,...... ......,'
Qearwater has had, for quite some time, two conflicting images., First, and more popularly
dominant, the City has been perceived as having an anti-development bias. This image has
men bolstered by the .existence of a cumbersome, confusing, procedure-oriented
development code.
The second image of the City is a community having a relatively high quality of life., The
same development code that is regarded as burdensome is also perceived as contributing to
that high quality of life. The City has historically had stronger sign, landscaping, and
general development requirements than the rest of the Pinellas County communities. It
should be norea, however, that a number of these communities are catching up with us in
many of these areas. ,"
Since 1990, the City has been actively pursuing streamlining and simplifying regulations,
while simultaneously maintaining and improving the quality of Jjfe components of the
code. Examples follow:
I,
Streamlining
Minor variances
Elimination of receipt & referral
Alcoholic beverage changes
PermUted and conditional use changes
Variance standards
New zoning disbicts
Quality of Life
Improved buffering standards
Improved landscaping standards
Design Review Board
Sign code revisions
Outdoor cafes
Neighborhood zoning studies
There is no reason why Oearwater's development code cannot be functional, streamlined
and effective in promoting redevelopment while simultaneously maintaining high
development standards reflective of community expectations, As indicated above, the
Central Permitting Deparhnent, with the knowledge and encouragement of the City
Commission and management team, has expended considerable resources in achieving,
and balancing, both goals.
The Central Penl1itfing staff. believes the image of Clearwater to be thnt of n
progressive, proactive "expansionist" city, oJfet:ing a variety of economic development
toolS and inomtives .JOT: the development and bllsmess co'II1lllmities lVI,ile
simultaneously adhering to tIre high quality of lifr: pJzil~Jr.1l of a IImaintenance"
city. JAk rerogllize that we calmot remain competitive nationally ror welZ within our
own Cormty) without tire simultaneous commftmeut to bol1, tire pro-development and
tire quality oflife perspectives. -
"
"
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CENTRAL PERMITTING DEPARTMENT
RECENT REDEVELOPMENT ACfIONS TO STREAMLINE CIlY
CODE REQUIREMENTS OR PROMOTF/DIRECf REDEVELOPMENT
:;~~~:~:'r~:q~EbiJl\ij,:;f ::,:;~::::~;;'6r~:;::;:,,~'0!:;ji:::;':;:L:i/));~\3:;::,;:~::::;';\'~'~::;:::';;:::':: ;0:::, 0,.' , ":',:~,::. :/,;: ,:: \:'.., i:;,: ,<,:::/\.0: ',' ::',,:,:',~:::,. ';'::,
Minor Variances Staff-administrated variance program -1994
Elimination of Receipt &. Streamlined processing of development review (e'8" sile plan
Referral review Urnes reduced from 45 to 10 days) -1995
Alcoholic Beverage Code Streamlined processing of alcoholic beverage uses in keeping with
Requirements other communities' procedures -1995
Design Review Board New program of improved urban design in key redevelopment
areaS -1995; Guidelines to be implemented in 1996
Revised code requirements to accommodate large scale planned
developments. 1994
Self-Directed Work Team established lor Inspectors; "Compass
Team" established to resolve "counter" problems
Variance Standards Revised/Simplified variance standards -1994
:~~P~:~9~,~~~j~!:::;t?\!J:;S::\t~;,:,::j~: };;::,o:~:;:~;;;;~i~':;'i:i(:t:j/::)::'\:,~:::::',.::: : ,". :,': ,:,',. "', ,,:::,:.. ,:":;::::;:::::::: ;::,r ',':.>:.,',(':;, '.' .:,y, ::,.:':"/\:: :"::':'::::
PermiUed vs. Conditional Uses Reducing list of conditional uses; regulating some previous
conditional uses through performance standards - 1996
Revised parking standards -1995
Code changes to allow retention of nonconformities if structures
are destroyed or redeveloped - 1994 and 19%
New uses intended to improve street vitality -1995
New approach allowing certain types oC low impact
manufacturing in various commercial zones - 1996
New zoning district regulations to provide for a "transition"
zoning classification -1994
Downtown/Mixed Use District New zoning district intended to sr.ur redevelopment with higher
density residenUal and t1high tech I industrial uses in proximity of
Downtown - 1993; 1996
~:R:YED,w'~"~M~O~"<:'&a':~1iT;':::;;{,:,::(;:.<,(,:,:",. ::- ":"/",::-:,':;'..~,"i'i,;':C..""::: ,',:" " , .. '".. , ,,' ,":'.:',0,:.::...":::::'",," ::\'
~~q~~!t.Vt~~tit;n~;:~?:r;'AI:~~;.l'::::~; f:i:"':"""'" .;"..::::-;'::,::,:'\,\',:,::,0::,: ": ::(,::i i'::':, :-":):~. ::": '::': ",,::,:,':: ,,'. ,:,:,,:,:::':: ,:':,::, ,. ';')::: ':.::'::,.:::;,
Beach Redevelopment Plans Commercial and residenlial area plans -1994; 1996; 1997
NE Coachman Zoning Study Office rezoning study -1994
Lakeview Road Zoning Study Will Commercial rezoning study -1995
Bayview Area Historic Survey Historic structure inventory - 1995
Mandalay Avenue Streetscape Major streetscaping project: Design -1996; Implementation -1997
Downtown Area Historic Historic structure inventory - proposed (01' FY 1996/97
Survey and Old Clearwater Bay
Area Historic Survey
S. Ft Harrison Zoning Survey
Bayview Area Zoning Study
MllStcr Planned Developments
Employee Empowerment
Parking Space Requirements
Nonconforming Density,
Intensity and Height
Outdoor Cafes/Sidewalk
Vendors
"High Tech" Manufacturing in
Commercial Zones
Infill Commercial (CI) District
Commercial/OHice/lndustrial/Residential zoning study -1996
Zoning study lor area south of Gulf-to-Bay, cast oC Clearwater
Mall- proposed for 1997
v
"
S. I- 19 eC. h\.f,
.~... \
Interoffice Correspondence Sheet
To:
Mayor and City Commission /
Betty Deptula, City Manager ~
From:
Subject:
Sustainable Communities Demonstration Project
COPIES ro.
COMMISSION
cc:
Scott Shuford, Director of Central Permitting
AUG 2 8 1996
PRESS
CLERK I ATTORNEY
Date:
August 28, 1996
The 1996 legislature authorized the Department of Community Affairs to initiate a
sustainable communities demonstration project. Up to five local governments, at least
three of which must be located totally, or in part, within the South Florida Water
Management District, may be selected to participate in this innovative project.
Communities chosen will be of differing sizes and characteristics. It is the intent of the
legislature that the project will be used to further six broad principles of sustainabiUty:
restoring key ecosystems; limiting urban sprawl; protecting wildlife and natural areas;
advancing the efficient use of land and other resources; achieving a cleaner and healthier
environment; and creating quality conununities and jobs.
City staff is interested in pursuing the designation of Clearwater as a sustainable
community under this program. Communities that enter into a designation agreement as a
sustainable community may receive certain exemptions from state laws regarding local
government comprehensive planning. Other regulatory and financial incentives may also
be made available to these governments.
Clearwater has done a great deal of work that we feel win qualify us for consideration.
This includes our reclaimed water, recycling, neighborhood planning, redevelopment
planning, infiU development, identification of key resources, brownfields, economic
development, and tourism efforts.
For us to be considered a sustainable community, we must file a statement of interest with
the Department of Community Affairs by September 30. 1996. We will be coming to the
Commission at your September 19, 1996 meeting for you to hold a public hearing on this
matter and to take action to authorize the transmittaJ of this letter which must be signed by
the Mayor.
Please advise if you have questions or comments,
.C~~
Clearwater City Commission
Agenda Cover Memorandum
"'"m,'" '",J" " '".,',!",'""
Item #: r;;~~:~j!-:~~~~~& ,~,:~~:':1~f:~!jii
. ?:f!/;W4?1~~ /::::~
MeetIng Date: (" ::, ': " ,:"'.. ,d'::i
~~t':~:f:1!f::~~ii~/ :)1:~JJt/f{/~i: /{
SUBJECT:
land Development Code Amendment - Revising Appointment Standards for the Planning and
Zoning and Development Code Adjustment Boards.
(LDCA 96-16)
RECOMMENDATION/MOTION:
Approve proposed code amendment and pass Ordinance No. 6075-96 on first reading.
1m and that the appropriate officials be authorized to execute same,
SUMMARY:
The City Commission has directed staff to make code amendments which will broaden the
Commission's ability to make appointments to the Planning and Zoning and Development Code
Adjustment Boards.
The attached ordinance serVes that purpose.
This ordinance will require review by both the Planning and Zoning and Development Code
Adjustment Boards. Staff will report on board action verbally, as this item is being expedited,
Revlowed bv: \ i)- 5 Originating Departmont: Co,ts: Comml..Jon Action:
Leg" CENTRAL PERMITTING o Approved
Budget NA <75 Total o Approved w/Condltlone
PurchMlng NA User Department: o Denied
RJ.Jc Mgmt, NA Current Flecal Year o Continued to:
18 NA Funding Source:
ACM --/Ct::, tfL o Clp/t"
Impro'nrMht:
Other NA Advertleed: 0
OlMfllt!ng:
Date: 0 Attachments:
~ Other:
PallOr: Tampa Tribune ORDINANCe NO. 6076-96
Submitted by; ....... 0 Not Requited Appropriation Coda
4'2' Affected Partlel:
[J Notified o None
I!I Not Required
o PrInted on ...cyclt.d piper
,t ' ,
oJ I
_ORDINANCE blO. 6076-96
AN ORDINANCE OF THE CITY OF CLEARWATER.
FLORIDA. RELATING TO THE LAND
DEVELOPMENT CODE; AMENDING SECTION
36. 033(2) (a), CODE OF ORDINANCES, TO REVISE
THE STANDARDS FOR MEMBERSHIP ON THE
PLANNING AND ZONING BOARD; AMENDING
SECTION 36.035(2)(a), CODe OF ORDINANCES,
TO REVISE THE STANDARDS FOR MEMBERSHIP
ON THE DEVELOPMENT CODE ADJUS~ENT
BOARD; PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CllY COMMISSION OF
THE CITY OF 'CLEARWATER. FLORIDA:
ILf
Section 1. Section 36.033(2)(a}. Code of Ordinances, is amended to read:
. Sec. 36.033. Planning and zoning board.
tit
.
tit
tit
tit
tit
(2) Composition, appointment and term.
(a) The pfannlng and zoning board sharr consist of seven members who sharr be
residents of the city. The city commission shall, whenever possible, appoint the
members of the board with persons possessing professional or acquired experience or
interest in the fierds of pranning. raw, architecture, landscape architecture or growth
management. Such members shan serve at the pleasure of the commission.
S~ctfon 2.. Section 36.035(2)(a). Code of Ordinances. is amended to read:
Sec. 38.036. Development code adjuBbnent board.
tit
tit
tit
tit
tit
tit
(2) Composition, appointments and terms.
(a) The de~efopment code adjustment board shall consist of five members who
shall be residents ofthe city. The members ofthe board shall. whenever possIble,
possess professional training or acquired experience in the fields of planning, law,
architecture, landscape architecture or development control, The members shaff be
appointed by and serve at the pleasure of the commission:
Ordinance No. 6075-96
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" Section 3. 'This ordinance shall take effect Immediately upon adoption,
pASSED ON FIRST READING c
PASSED ON SECOND AND FINAL
READING AND ADOPTED
" ,
Approved as to form and
legal sufficiency: " '
efl}fL
c Pamela K. Akin,
City Attorney
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2
Rita Garvey, Mayor-Commissioner
Attest:
Cynthia E. Goudeau, City Clerk
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Ordinance No. 6075-96
. c~5
Clearwater City Commission
Agenda Cover Memorandum
SUBJECT:
land Development Code Amendment PermittIng Noncommercial Parking In Single Family
Residential Districts as a Conditional Use, (LDCA 96-12)
RECOMMENDATION/MOTION:
APPJ:oveproposed code amendment and pass O--:d. {'5Qi6-~'~ ,:>',~ i'i1:at reddine
o and that the appropriate officials be authorized to execute same.
SUMMARY:
The City of Clearwater does not currently permit noncommercial parking (parking for which there is
no charge and associated with an adJoining nonresidential use) in single family residential zoning
districts. This has created some permitting delays for additions to institutional uses such as
churches and hospitals. It has also limited redevelopment options for constrained commercial
properties such as the FINA Station on Gulf-to-Bay Boulevard:
I'
Pinellas County permits noncommercial parking in all of its residential zoning districts. The City of
Clearwater has limited this use to only multifamily residential zoning districts.
1
i
Staff notes the following recent examples where there had to be either land use plan or zoning
changes necessary to accommodate parking expansion requests for institutional uses:
)i1o Clearwater Community Hospital
)i1o Hellenic Orthodox Traditional Church of America (off Sunset Point Road)
)i1o Mt. Zion United Methodist Church (Eldridge Street)
As proposed, noncommercial parking would be by conditional use permit only. The Planning and
Zoning Board would be charged with ensuring that compatibility standards and site design
requirements would be met on a case~by-case basis.
The Planning and Zoning Board unanimously approved this code amendment on August 20, 1996.
RevIewed by:
Leglll
Budgllt
Purch_lng
R.k Mgmt.
18
ACM
-:..)
N/A
N/A
N/A
N/A
Orlglnllltlng Deportment:
Central Permitting
55
User Department:
Costs:
Commission Action:
8N/A 0 Approved
Total 0 Approvlld w/Condltlona
o Den'-d
Current Flecal V.er 0 Contlnulld to:
Other '
Advertl.ed:
Funding Source:
o Capital
Improvllt'l4lnt:
o
Operatlng:
o
Othlr:
Attachments:
Oat.:
Submitted by:
5?~
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Affectod Parties:
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Ordinance NO. 6076.96
Appropriation Code
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QRI)INANCE NO, 6076-96
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AN ORDINANCE OF THE CITY OF CLEARWATER.
FLORIDA. RELATING TO THE LAND DEVELOPMENT
CODE. AMENDING SECTIONS 40.034. 40,043. 40.064.
40.084. 40.104. and 41.053. CODE OF ORDINANCES, TO
ALLOW NONCOMMERCIAL PARKING AS A
CONDmONAL USE IN SINGLE FAMILY RESIDENTIAL
DISTRICTS. TO IDENTIFY APPUCABLE STANDARDS
THEREFOR; PROVIDING AN EFFECTIVE DATE,
BE'IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER. FLORIDA:
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Section 1. Sections 40. 034. 40.043. 40.064. 40.084. 40,104. and 41.053.. Code of
Ordinances. are amended to read:
Sec. 40.034. Conditional uses.
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Within :;inzle-famil,y residential 1 districl$ Single Family Residential "ORe" Districts. the
following uses may be allowed as conditional uses:
',1.
,..
,..
*
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ID Noncommercial parkiI\i.
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Sec. 40.043. Conditional uses.
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. Within single-family residential 2 districts, the following uses may be allowed as
,conditional uses:
If!
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If!
.
If!
!4l ' Noncommercial parkine-.
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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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Ordinance 6076-96
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Sec. 40.084. Conditional uses.
Within single-family residential 6 districts, the following uses may be allowed as
conditional uses:
..
..
..
..
,..
(4) Noncommercial parkiQi,
..
..
lie
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Set. 40.104. Conditional uses.
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Within single~family residential 8 districts, the following. uses may be allowed as
conditional uses:
..
..
lie
..
..
,
. "
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Noncommercial parkil\i.
.. '..
*
..
..
'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 detennined to meet all of the standards applicable thereto,
..
..
*
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(20) Noncommercial parking may be allowed within the residential, limited office,
general office, neighborhood commercial, North Greenwood connnercial,
downtown/mixed use, highway commercial, infill commercial, and limited
industrial districts subject to all of the following;
(a)
Single family r-esidentially mned ~raperty may be used fer nonoommercial
parking only when such parking is accessory to B primary use in an
adjoining publieJsemipublie distriat. How~ler, suah parking on single
family residentially zoned property shall BOt Be used for any portion of the
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offGtroot parking l'equir-ed- by this--Gode; such parking shan be pro',ided
only for excess or overflow parking: the parking lot shull not be 5ur{aeedt
ooooss--dir-eotly from the street or from adjoining residential property shall
not be provided to a parking lot loootoo OD single family residentially
ironed property; the MOO, lot width and Jot depth of single family
residentially z,aned property used for flOaoommeroial parking shall not be
considered in determining whether the adjoining publio/semipublio
property meets the applicable dimensioaal and numerical development
requirements; and a oonditional--H5e for parking on single family
residentially zoned property shall Rot run with the land, but shall expire
upon a ehange of use of the adjoining publiolsemipublie property..
(all) The parking lot shall be designed, surfaced and landscaped in accord with
all applicable requirements contained in this development code; howe'tar,
surfaeiRg shall be prohibited on single family residentially zoned property,
(he) Access to the parking lot shall not be provided directly from the street or
from any residentially zoned property adjoining the property which is the
subject of the conditional use applicatioIlt unless specifically authorized by
the planning and zoning board; however, access directly from the street or
from adjoining residential property shall not be provided to a parking lot
located on single-family residentially zoned property,
(kd) The use shall comply with all of the general standards contained in section
41.052,
I
(de) Noncommercial parking lots which adjoin residentially zoned property
shall be provided with an opaque fence or wall along all property lines
adjoining the residentially zoned property; such fence or wall m&y be
erected to a heit:ht e:reater than that allowed in section 42.26. if such
beig-ht is determined necesslU}' by the board to provide acceptable
bufferiIli of surroundin~ properties and to achieve improved compatibility
between land uses., aDd may be 1:1&00 for the parking of motor vehioles
other than The parkin~ of trailers, boats. boat trailers, recreational
vehicles, semitrailer trucks or cabs, conunercial vehicles, buses, or
vehicles designed to transport wastes or hazardous or noxious materials,
whioh-ilf6 is. prohibited in noncommercial parkin2 lots in or immediately
a<ijoinir\i residential districts, Such lof:s shall Bot be used for the parking
of trailers, boats or boat trailers. All site 1i2htin~ shall be directed away
, from acJjoinin2 properties and street ri~ts-of-way: 1i2htin2 a<ijoinil\2
residential prQJ)Crties shan be equipped with 90 dei-Tee cutoff features to
I" I' h d' , , 'd' 1 'A I' 1. '
~ tmmate I~ t t.t::espass onto a ~01nlOi rest entta properties. . kIlY Igutmg
of such parking let shall 80t exceed the height of the opaque fence or wall
required along all property lines, HOVlever, a parking lot v/hich adjoins
0nlM0u 607..905
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15
single family residentially zoned property shall-be provided with a
landscaped strip of land Rot less than ten feet in width along all property
lines adjoining the smgle family residential property. Perimeter landscape
bufferin~ of at least the minimum required in section 42.27 shall be
provided and the board m~y require this buffenni to be increased in order
to achieve compatibility ~tween land uses.
(d) No portion of any parking space shaH be closer than ten feet from the
property line of any adjoining singh~-family residentially zoned property,
(fg) AU applicable requirements of sections 42.34 and 42.27 shall be satisfied
without the granting of any variance therefrom.
(h) Such parking shaH Hot be required by this cooe.-to sef'tle another use.
<21) If the flarking is provided on property z-oned for multiple family resideRtial
or nonresidential uses, such Ib.c parking shall be guaranteed to remain
,available through oWJle~hip. unity of title. a long term lease or other
appropriate instrument running with the land for a term equaling or
exceeding the projected life of the use which the parking is to serve.
,
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Section 2. The provisions of this ordinance are found and determined to be consistent
with the City of Clearwater Comprehensive Plan.
~tion 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:
I
If:
l.::
Cynthia E. Goudeau, City Clerk
Ordinance 6076-96
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Item #16
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Clearwater City Commission
Agenda Cover Memorandum
SUBJECT:
Public Education Facilities Siting Act - Ordinance
RECOMMENDA TION/MOTION:
Approve the amendment to the Clearwater Comprehensive Plan related to Public Education
Facilities, and pass Ordinance No. 6071-96 on first reading.
lID and that the appropriate officials be authorized to execute same.
BACKGROUND:
On July 18,1996, the City Commission received the amendment to the Comprehensive Plan addressing Public
Education Facilities in certain land use categories, Included in the amendment is the requirement for the
School Board to hold the necessary public hearings for school sitings.
. Attached is Ordinance No, 6071-96 for amendment to the Comprehensive Plan associated with Public
Education Facilities sitings as required by State Law.
Staff recommends that the attached resolution, authorizing staff to transmit the amendment to the appropriate
agencies, be adopted at the time of second ordinance reading. Staffwill be bringing the related amendment to
the land Development Code and the Interlocal Agreement to the City Commission in the near future.
On August 20, 1996, the Planning and Zoning Board unanimously endorsed the amendment.
Revlowed by:
Leglll
Budget
Purc:hulng
RI.k Mgmt.
IS
ACM
N/A
N/A
NfA
N/A
Originating Departmant:
CENTRAL PERMmlNG
:5$
User Department:
Coati:
Commission Action:
N/A 0 Approved
Total 0 Approved w/Condll1on.
o Denied
Current Fl.cal Vear 0 ContInued to:
Dati:
Funding Source:
D Capital
Improv'lnII nt:
o
Opanltlng:
o
Oth,r:
Attachments:
Adllerd..d: TAMPA TRIBUNE
Oth.r
~
Paper:
o Not Rlqulred
Affected Portlas:
DD Notified
o Not Requlr.d
ApproprIation Code
Ordinance No. 8071.98
Relolutlon No, 88.64
Submltt8d by:
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'0 Printed on reaycl.d p.p.r
ORDINANCE NO. 6071-96
AN ORDINANCE OF THE CITY OF CLEARWATER.
FLORIDA,AMENDlNG TIm COMPREHENSIVE PLAN OF TIlE CITY,
INCLUDING AMENDMENTS TO THE FUTURE LAND USE
ELEMENT AS REQUlRFD BY FLORIDA STATUTE 163, RELATED
TO TIlE PUBUC EDUCA nON FACILITY SITING ACI'; PROVIDING
AN EFFECTIVE DATE.
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WHEREAS, 1995 State Legislature passed CSIHB 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 identifying 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 adopiing either the Chapter 235 review process or an alternative
review process for determining suitability of each proposed school site no later than October 1, 1996;
and
I
WHEREAS, the City of Clearwater and the Pine1las 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 163.3184, Florida Statutes provides for amendment of adopted
Comprehensive Plans; and
WHEREAS, the City of CleaJWater's Planning and Zoning Board, in their capacity as Local
Planning Agency, held a public hearing August 20, 1996, and recommended approval of these
amendments; and
WHEREAS, the City of Cleanvater 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 CLEARWATER,
FI.DRIDA:
~tion l, PutpOse and Intent. This oroinance is adopted to carry 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 comprehensive plan amendments as adopted by this ordinance are declared to be
the minimum requirements necessary to accomplish the purposet intent and objectives as set forth
herein 'and in the comprehensive plan as adopted on November 16. 1989.
~', " . TO , , , ..' :;: :. ; "...... '," .
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Section~. Amendments to the AdQPted Pl~. The amendments to the Comprehensive Plan
of the City of Clearwater, as set forth in the attached exhibits A and B are hereby adopted.
Section 3. Severability. If any provision of this ordinance or of the comprehensive pIan or
amendments as adopted by this ordinance should ever be adjudicated invalid for any reason, such
provision shall be deemed severable from the remaining provisions of this ordinance and the
. Comprehensive pIan and amendments to the extent that the remaining provisions may independently
be valid and enforceable. '
Section 4. Effective Date. This ordinance shall take effect immediately upon adoption.
I.
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PASSED ON FIRST READING
PASSED ON SECOND AND
FINAL READING AND ADOPrED
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Rita Garvey,
Mayor-Commissioner
Approved as to form and
legal sufficiency:
A~t:
-Sides, Asst. City Attorney
Cynthia E. Goudeau, City Clerk
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ORDINANCE NO.
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EXHIBIT B TO ORDINANCE NO. 60710.%
PROPOSED TEXT CHANGES TO THE CITY OF CLEARWATER COMPREHENSIVE PLAN
FlJTURE LAND USE
August 1996
Goal 5: To coordinate the location ofncw and expanded school sites and facilities in order to ensure
compatiblllb' and conslsteney with the City's Comprehensive Plan.
Objective 5.1 Oblective. The City shall support efforts that facilitate coordination of Dlanning
between the City and the School B09J'd for the location and development OfDubJic educational
facilities,
policies
Policy 5.1.1 Public education facilities arc defined as clementatY schools, SDCCial education
facilities. alternative education facilities. middle schools. hie.h schools, and area vocational~
JeChnical schools of the Pinellas Countv School District.
Policy 5.1.2 Public education facilities of the Pinellas County School District arc an allowable
use within the followine: future land use Categories:
! '
Residential Estaie
Residential Suburbar.
Residential Low
Residential Urban
Residential Low Medium
Residential Medium
Residential Hitili
ResidcntiaVOffice Limited
Residential/Office General
Institutional
Policy 5,1.3. The location and construction of new DubHe education facilities. or the expansion
o(an existing sUe, within one o(the future land use categories listed in Policy 5.1.2. shall only be
allowed upon a delennir;ation by the City. followine: the requisite DubHe hearinl!.s to be held try
the School Board. that the prooosed site is consistent with the City's comprehensive Dlan,
Poliey 5,1.4. In addition to overall consistent;)' with the City's comprehensive plan. the prooosed
location of a new or exoandcd public education facility ofthe PineHas CounlY School District
within one of the land use cate~ories listed in Policy 5,] .2, shall be reviewed and considered with
the (oHowing e.eneral criteria:
1, The proposed location is compatible with Dresent and proiected uses of adiacent
pro~r1V (5,235. 19(2)(a)1.
2. The site area cfthe Drooosed location i~ adcouate for ilS intended use based upon
the State Reauirements for Educational Facilities and provides sufficient area to
accommodate aH nceded utilities and SllDoort facilities and allows for adequate
buffering of Sllrroundine: land uses,
3, Based upon the 5~year Caoital Imorovemrnt Program ofthe Pinenas County School
District and the City's comprehensive plan. there win be adcauate public selVic:es
and facilities to support the public school (5.234.193(2)1.
... There arc no ,Isnmesnt cnvironmc{ltal constraints that ~uld preclude development of
public education facilities on the sl'~J
5. There wilt be no adycrsc imoacts on archaeololOesl or historic sites listed in the
National Rc21S\cr of Historic Places or designated by the City as locally significant
historic or archaeoloRical resources.
6. The proposed location is well drained and soils are suitable for develooment or are
a~ptable for development and outdoor educational ourposcs with drainalJc
improYemen~1
7. The prooosed location is not in conflict with the County's Stormwater Management PiaI'!
and the City's adopted watershed mana~ement plan. if applicable,
8. The proposed location is not in a velocity flood lOne or a floodwav.
9. The proposed location can accommodate the required Darking and anticioated aueuing
ofvehicres on-site.
10. The proposed location lies outsidc the area reEUlated by section 333,03(3), F.S..
~arding the construction of DubUc educational facilities in the vicinity of an airoort,
Policy 5.1.51 The followin!! criteria shall also be used to evaluate whether nrooosed locations of
~i.fic types of schools arc consistent with the City's comprehensive plan:
Elementary Schools. Soccial Education Facilities. and Alternative Education Facilities
I, The Drooosed location shall have direct access to at least a minor collector
road or as otl1erwise approved by the Cilv atlerdclennination of
acceptable traffic imoacts on adjacent roads oflcsscr classification.
2. Outdoor recreational facilities and similar support facilities shan be located
and buffered on the proposed site to minimize impacts on adiacent
prooerties.
Middk Schools
1. The Drooosed location shall have direct access to at least a minor collector
road or as othenvise aporovcd bv the City after detennination of acceptable;
traffic impacts on adiacent roads oflesser classification.
2. Outdoor recreational facilities and similar suooort facilities shan be located
and buffered on the proposed site to minimize impacts on adiacent
properties,
t, '
High Schools
1. The proposed location shall have direct access to at least a malor collector
road. or as othenvise aoproved bv the Citv after detennination of
acceptable traffic impacts on adiacent roads of lesser classification,
2, Stadiums. outdoor recreational facilities. and similar support [acUities shall
be located and buffered on the proooscd site to minimize impacts on
adiacent properties,
, ' " . _.~ . ,
YocaUonal-.Tcchnfcal School~
J. The Droposed location shan have direct access to at least a mator corrector
road. or as otherwise approved by the City Vler detennination of
acteptablc traffic imRacts on adiacent roads or lesser classification.
2. Industrial education facilities shan be located and buffered on the DroDOsed
sire to minimize imDacts on acLiacent prooerties.
P9Ucv 5,1.6. Proooscd locations that are Jess than the standa{d sire RCTCaJ!C as prescribed in
the Florida Department of Education State Reauiu=ments of Educational Facilities may be
detennined to be consistent with the Ci(y's comorehensive olan Drovided the requirements of
,,235.19(3), F,S, are met and off.site impacts can be adequately mitigated,
Policy 5.1.7. A determination that a proposed new site or additional propertY is consistent
)Yith the Ci~'s comDrchensive plan may be conditioned with reference to specific tvpcs of public
educational facilities,
Policy 5.1.8. At the time of consistency determination. the City may impose reasonable
s:ondltions for development of the site as it relates to any of the criteria in Policies 5.1.4, and
5,1.5. Conditions may not be imposed which conflict with those cst.abJished in Chapter 235 or
the Slate Uniform Building Code. unless mutually a~, (s,235.193(6)1.
Policy 5.1.9. Before a shmificant chane.e ofprosrram at a public education facility is
implemented. the School Board and the City shall require a review of the facility's on-site and
ofl'..site impacts, The School Board and the City will work cooperativelv to mitiJ!ate on.site and
Qff..sitc impacts. including impacts to public facilities. identified through the review.
Policy 5,1.10, The City and the School Board shall annually coordinate in the development of
Jheir resoective capital imorovement programs.
polilQ' S. l.ll, The policies in Obiective S. I above are assumed to be consistent with. and do
not nullify or conflict with. the provisions of Chapter 23S. F,S.
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RESOLUTION NO, 96-54
A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA,
AUTHORIZING TRANSMITTAL TO APROPRIATE AGENCIES OF
A PROPOSED ORDINANCE AMENDING THE GOALS,
OBJECTIVES, AND POLICIES OF THE COMPREHENSIVE
PLAN'S FUTURE LAND USE ELEMENT AS REQUIRED BY
FLORIDA STATUTE 163, AND ESTABLISHING AN
ALTERNATIVE REVIEW PROCESS FOR THE COORDINATION
AND SITING OF PUBLIC SCHOOL FACtUTES; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the 1995 State Legislature passed CS/HB 1797 entitled the
School Facility Siting Act which amended Florida Statutes 235,255, and 163;
and '
WHEREAS, the goals, objectives. and policies identifying the land use
categories in which public schools shall be an allowable use is exempt from the
Ihl:Jitation on frequency of plan amendments contained in FS 163,3187; and
WHEREAS, the attached proposed ordinance penn its Public School
Facilities as an allowable use within the Residential Estate, Residential
Suburban, Residential Low, Residential Urban, Residential Low Medium,
Residential Medium, Residential High, Residential/Office Limited,
ResldentiaVOffice General, and Institutional land use categories subject to the
proposed policies which contain the criteria by which Clearwater will determine
whether a proposed public education facility site or expansion of an existing site
is consistent with the Comprehensive Plan; and
WHEREAS, an alternative review process has also been identified for
reviewing the SUitability of each proposed public school site to be considered for
approval by Clearwater and the Pinellas County School Board; now, therefore,
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1: The City of Clearwater authorizes transmittal to appropriate
agencies of the initial action on approving amendments to the Clearwater
Comprehensive Plan Future Land Use Element.
Section 2. That staff be directed to submit this Resolution, the proposed
ordinance. and related staff report on amending the Comprehensive Plan to the
Department of Community Affairs, Tampa Bay Regional Planning CouncH and
other appropriate reviewing authorities for such further action as may be deemed
appropriate,
Section 3. This Resolution is effective immediately upon adoption.
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PASSED AND ADOPTED this
, ',Appr ved as to form and legal sufficiency:
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,1996,
Rita Garvey, Msyor-Commissloner
Attest: .
Cynthia E. Goudeau, City Clerk
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AUG " 2 '1996
CITY OF CLEARWATER,
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OROINANCE NO. 6089.96
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE OPERATING BUDGET FOR THE FISCAL YEAR
ENDING 'SEPTEMBER 30, 1996 TO REFLECT INCREASES AND
DECREASES IN REVENUES AND EXPENDJruRES FOR THE GENERAL
FUND, SPECIAL DEVELOPMENT FUND, SPECIAL PROGRAM FUND,
WATER AND SEWER FUND, GAS FUND, SOLID WASTE FUND,
STORMWATER UTILITY FUND, RECYCLING FUND. PARKING FUND,
PlER 60 FUND, GENERAL SERVICES FUND, GARAGE FUND, CENTRAL
INSURANCE FUND, AND ADMINISTRA11VE SERVICES FUND, AS
PROVIDED HEREIN; PROVIDING AN EFFECTIVE DATE.
18
WHEREAS, the budget for the fiscal year ending September 30, 1995. for operating purposes.
including debt service, was adopted by Ordinance No. 59J3.95; and
WHEREAS, at the Third Quarter Review it was found that an increase in expenditures of $172,675 is
necessary in the General Fund; an increase of $730,900 is necessary in the Special Development Fund; an increase of
$978,992 is necessary in the Special Program Fund; an increase of$59.8J9 is necessary in the Garage Fund; an increase
of $25,500 in the Harborview Center 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 2.519 of the Clearwater Code authorizes the City Commission to provide for
the expenditure of money for proper pwposes not contained in the budget as originally adopted due to unforeseen
circumstances or emergencies arising during the fiscal year;
NOW. TIlEREFORE, BE IT ORDAINED BY TIlE CITY COMMISSION OF
nm CIlY OF CLEARWA 'fER, FLORIDA;
Section l. Section 1 of Ordinance No. 5913-96 is amended to read:
Pursuant to the Amended City Manager's Annual Report and Estimate for the
fiscaI year beginning October I, 1995 and ending September 3D, 1996 a copy of
which is on file with the City Clerk, the City Commission hereby adopts !!!l
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
September 5. 1996
PASSED ON SECOND AND FINAL READING
Rita Garvey, Mayor..commissioner
Attest: .
Approved as to fOlm and
legal sufficiency:
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Pamela K.tf4 City Attorney
Cynthia E. Goudeau, City Clerk,
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EXHIBIT A I~
1995.98 BUDGET REVENUE
First Third
Quarter Mid V..r Quarter
Ortglnal Amended Amended Al1lInded
Budget Budgot Budget Budget Budget
19951116 1995196 1995196 1095196 Amendment
General Fund:
Property Taxes 19,303,820 19,303.820 19,303.820 19,515,220 211,400
Sales Tax 4.358,260 4,358.260 4,358,260 4,358,260
Franchise Fees 6,144,630 6.144,630 6.644,630 6,937.010 292,380
Utility Taxes 12,845,080 12,645,080 13,445,080 13,445,080
Licenses & Permlls 2.402,000 2,402,000 2,402,000 2,402,000
I Fines, Forfeitures or
Penalties 1,508,000 1 ,508,000 1.428,000 1,276,000 .150,000
I Intergovernmental Revenue 7,278.090 7.278,090 7.279,890 7,343,840 63,950
Charges for ServIces 1,110,490 1,110,490 1,121,820 1,121,620
Use and Sale of City Property
and Money 1,366,350 1,366,350 1,368,350 1 ,368,350
Miscellaneous Revenues 108,420 108,420 120,420 140,420 20,000
Interfund ChargeslTransfers 9.311,830 9,311 ,830 9.293,830 8,880,620 .-413,210
Transfer from Surplus 0 2,498,938 1,980,329 2.128,484 148,155
Total, General Fund 65,736,970 68,235,908 68,746.429 68,919.104 172,675
Special Revenue Fund.:
Special Development Fund 9,409,040 12,245,801 13,392,674 14,123,574 730,900
Special Program Fund 1,118.000 1,613,566 2,656,103 2,656,103
UUJity & Other Enterprla. Funds:
Water & Sewer Fund 36,461,100 36,461,100 36,120,266 36,120,286
Gas Fund 19,055,970 21,790,725 22,338.214 18.334,248 .-4,003,966
Solid Waste Fund 12,215,450 12.239,330 12,256,940 12,258,940
SlOrmwaler Utility Fund 4,160,630 4,161,nO 4,180,210 4,180,210
Recycling Fund 2.341.100 2,183,060 1,933,260 1,933,260
" Marine Fund 1,855,020 1,855,020 1,851,220 1,851,220
Patklng Fund 2,586,090 2,726,366 2,731,296 2,731,296
Pier 60 Fund 335,340 344,410 325,740 325,740
Harborvlew Center Fund 796,500 796,500 796,500 796,500
Internal Service Funds~
Administrative Services Fund 4,563,430 5.429,156 5,429,156 5,429,156
General Services Fund 2,921,480 2,251.800 2,251,800 2,251,800
Garage Fund 8,483,980 8,483,980 6,313.530 8,477.499 163,969
, Cenlrallnsurance Fund 8,238,730 8,238,730 8.238,730 8,238,730
Total. AU Funds 18D.278,83D 189,057,242 191.564,088 188.627.666 .2.936.422
L.
'., Ordinance #6089.96
EXHIBIT A (ConUnuedt I ~
19GB.V8 BUDGET EXPENDmJRES
FI,.t Third
Quartor Mid V.ar Quarter
Orilllnal Amended Amended Amendod
Budget Budget Budgtt Budget Budget
1995196 1995108 1995198 19951116 Amendment
General Fund:
City CommIssion 180,530 190,530 208,530 208,530
Administration 2,199,130 2,343,020 2,33S,nO 2,359,no 23,000
Legal 1,087,150 1,087,150 1,063.520 999,520 -64.000
City Clerk 648,870 675,370 671.100 671.100
1M. Community Oulr8ach 505,310 540,310 540,310 540,310
Finance 1,353,750 1,353,750 1,353,750 1,353,750
Human Resources 875,800 705,910 714.410 714,410
Pollee 21.972,490 21.988,890 21.919,170 21.750,560 -168.610
Fire 10,171.060 10,171.060 10,137,720 10,137,720
Contral PennltUng 1,854,670 1,854,870 1,854,670 1,854,670
Economic Development 470,810 470,810 470,810 470,810
Parka & Recreation 10,161,250 10,161,250 10,155.081 10,155,081
library 3,925.640 3,925,640 3,946,390 3,953,040 6,650
Engineering 4,820,910 4,820.910 4,806,820 4,806,820
Public Works 1,637.020 1,637,020 1.634.280 1,634,280
Engineering - Airpark Coordination 61,480 61,480 61,480 61,480
Marine - Salling Center 122.690 122.690 122,690 122,690
Non--Departrnental 3,eS8,410 6,125,448 6.748,926 7.124,563 375,635
Total. General Fund 65,736.970 68,235.908 68.746.429 68.919,104 172,675
Special Revenue Funda:
Special Development 9,113,160 11.949,921 12,766.794 13.497.694 730.900
Spedal Program 1,018,000 1,513,588 2,556.103 3,535,095 978,992
UUIIty & Othor Entlrpl'lae Funds:
Waler & Sewer Fund 35,439.210 35.509,700 36,120,286 36.120,286
Gas Fund 17.998,010 19,939,523 21,378,468 17,710,425 -3,668,041
Sofld Waste Fund 12,215,450 12,239,330 12,250.510 12,250,510
Stormwatar Utility Fund 4.160,630 4.161,nO 4,180,210 4,180,210
Recycling Fund 2,128.680 2,104,740 1.895,610 1,895,610
Marine Fund 1.805,460 1,805.460 1,805.460 1,805,460
Parking Fund 2,586,090 2.726,366 2,731.296 2,731,296
Pier 60 Fund 323,880 332,950 325.740 325,740
Harborvlew Center Fund 796,500 796,500 796,500
Intamal Service Funds:
Administrative Services Fund 4,553,830 5,414.056 5,071,346 5,071,346
General Services Fund 2,826,870 2,162.690 2,162,690 2,162.690
Garage Fund 7,962,750 7,962.750 7,623,470 7,683.289 59.819
Central Insurance Fund 7,645.200 7.645.200 7,670,200 7,670,200
Total. All Funda 175.514.190 184.500.450 188,081.110 186.355.455 -1.725,655
Ordinance #6089-96
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ORDlNANCf. NO. 6090-96
\9
AN ORDINANCE OF THE CITY OF CLEARWATER. FLORIDA. AMENDiNG TIm
CAPITAL IMPROVEMENT PROGRAM REPORT AND BUDGET FOR TIlE FISCAL
YEAR ENDING SEPTEMBER 30, 1996, TO REFLECT AN INCREASE IN BUDGET
EXPENDlruRES TO EXPAND TI-lE SCOPE OF PROJECTS IN THE FUNCTIONAL
CA TEGORlES OF FIRE PROTECTION, INTERSECTIONS, GARAGE, CITY HALL
ANNEX. MISCELLANEOUS, STORMW A TER UTILITY. AND GAS SYSTEM, AND TO
REFLECT A DECREASE IN BUDGET EXPENDITURES TO REDUCE THE SCOPE OF
PROJECTS IN TIlE FUNCTIONAL CATEGORIES OF PARK DEVELOPMENT,
MARINE FACILITIES, AND CITY HALL, FOR A NET INCREASE OF $2.929.572:
PROVIDING AN EFFECTIVE DATE,
WHEREAS, the Capital Improvement Program Report and Budget for the fiscal year cnding September
30, 1996 was adopted by Ordinance No. 5914-95; and
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WHEREAS, unanticipated needs necessitate an inerease in expenditures for the following: Fire Protection
$13,514; Intersections $156,497; Garage $195,819; City Hall Annex $164,739; Miscelfaneous $749,650; Stonnwnter
Utility $4S,539, and Gas System $1,980,762; and
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WHEREAS, funds of $8.928.713 are available to finance these projects through use of General Fund
Revenues, Infrastructure Taxes, PinelJas County Commission Revenues, Revenues from Other Municipalities, Sewer R
& R Revenues, Garage Revenues, Lease Purchase Revenues, 1994-1996B Gas Bond Issue Revenues, 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 unfores\Jen
circumstances or emergencies arising during the fiscal year;
NOW, TIJEREFORE, BE IT ORDAINED BY THE CllY COMMISSION OF mE CITY
OF CLEARWATER, FLORIDA;
Section 1. Section 1 of Ordinance No. 5914-95 is amended to read:
Pursuant to the Third Ouarter Amended Capital Improvement Program Report and Estimated
Budget for the fiscal year beginning October 1, 1995 and ending September 30, 1996, a copy
of which is on file with the City Clerk, the City Commission hereby adopts a Third Quarter
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
September 5, 1996
PASSED ON SECOND AND FINAL READING
Rita Garvey, Mayor-Commissioner
Cynthia E. Goudeau, City Clerk
Approved as to ronn and
:f1C~j
Pamela K, Akin, City Attorney
Attest:
EXHIBIT A (Continued)
CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 1995196
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ordInance no. 6090-96
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EXHIBIT A (Continued) I i
CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 1995/96
~
J First Qtr Mid Year Third Qtr
Onglnal Amended Amended Amended
BUdget Budget Budgot Budget
1995/96 1995/96 1995/96 1995/96 Amendments
GENERAL SOURCES:
General Operating Revenue 1.151,000 3,586,966 4,074,622 4,337,660 263,036
Goneral RevenuofCounty Co-op 206,110 206,110 206,110 206,110
Goneral Rovonue/County EMS 73,680 73,680 73,680 73.680
Special Dovolopment Fund 0 142,712 756,022 756,022
Community Rodevelopment Agency 0 0 49,931 49,931
I Road Millage 1 ,552,200 1,552,200 1,552,200 1,552,200
Recl'8atJon FacUlty Impact Feol 0 439,270 439,270 439,270
Rocl'8atJon Land Impact Feos 0 0 ~99,00O -99,000
I
" Transportation Impact Fees 90,000 90,000 90,000 90,000
Infrastructure Tax 5,770,960 7,991,660 8,294,223 9,025,123 730,900
Devoropment Impact Foes 100,000 125,000 125,000 125,000
local Option Ga. Tax 1,170,000 1,170,000 1,170,000 1,170,000
Grant 0 80,706 ~597,294 -597,294
FEMA . 0 29,568 29,568' 29,568
Plnollas County Commission 0 0 19,497 68,854 49,357
Property Owners Shal'8 0 625,000 625,000 625,000
Donations 0 5,000 5,000 5,000
Other Municipalities 0 2,440 84,249 219,979 135,730
Special Program Fund 0 0 0 0
Rental Feos 0 13,661 19,249 19,249
.. SELF SUPPORTING FUNDS:
Marino Operating Revenue 40,000 40,000 31,896 31,896
Bridge Revenue 0 0 ~167,415 -167,415
Parking Revenue 150,000 225,000 225,000 225,000
PIer 60 Revenue 0 0 0 0
Utility System:
Water & Sower Revenue 3,249,700 3,320,189 4,056,Q15 4,056,015
Water Impact Foes 50,000 50,000 50,000 50,000
WaterR& R, 700,000 700,000 700,000 700,000
Sewor Impact 50,000 50,000 50,000 50,000
SewerR&R 650,000 650,000 650,000 1,010,956 360,956
I, ' Gas Revenue 232,000 2,953,115 4,234,501 ~1,1 03,684 -5,338,165
Gas R & R 0 25,004 25,004 25,004
Solid Waste Revenuo 210,000 233,660 248,510 246,510
Stonnwater Utility 1,250,000 1,251,140 1,305,640 1,305,640
Recycling Revonue 196,300 214,760 11.,760 114,760
Recycling Grant 175,000 175,000 175,000 175,000
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ordInance no. 6090~96
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ordlnan~ no. 6090-98
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EXHIBIT A (Continued)
CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 1995/96
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MorrON TO AMEND ORDINANCE 6074-96
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. Amend Subsection (2)(a) as follows;
, (2) It is unlawful for any person to operate or ride roller skates. in-line skates.
coasters, or other slmirar devices in or upon any of the fOllowing locations:
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(a) In any public parking lot or public parking garage. Including the
access/egress ramp, except that persons who park In public parking lots shall be
permitted to skate or coast between their parked vehicles and the sldew~;
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, Pamela K. Akin
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" 8"719~96'
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Ordinance No. 6074-96
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, RELATING TO SKATEBOARDS,
ROLLER SKATES, IN-LINE SKA lES, COASTERS,
OR OTHER SIMILAR DEVICES; AMENDING
ARTICLE I OF CHAPTER 28, CODE OF
ORDINANCES, TO CREATE SECTION 28.11 TO
PROHIBIT A PERSON FROM USING
SKATEBOARDS, ROLLER SKATES, IN-LINE
SKATES, COASTERS, AND OTHER SIMILAR
DEVICES IN SPECIFIED LOCATIONS; PROVIDING
AN EFFECTIVE DATE.
WHEREAS, numerous complaints have been received. particularly from
, downtown area businesses, about juveniles using their skateboards, roller
skates, and in-line skates on the sidewalks and not yielding the right of way to
pedestrians; ,
,I'
WHEREAS, juveniles are skateboarding in Station Square Park in
. downtown Clearwater and are using many benches and curbs as obstacles to
jump off of or over. having little or no regard for the pedestrians inside the park;
'a~ '
WHEREAS, the skateboarders are causing significant damage to the
downtown area because the skateboards scratch and cause other fonns of
damage to the benches. sidewalks, tiles, and curbs; now. therefore.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1, Section 28,11. Code of Ordinances, is created to read as
. follows:
Sec. 28.11. Use of Skateboards, Roller Skates, In-line Skates,
Coasters, or OUter Similar Devices on Public or Private Property.
(1) It is unlawful for any person to operate or ride a skateboard in or
upon any of the following locations:
Ordinance No, 6074-96
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(a) On any sidewalk or street within the following area: that area,
, except for the Pinellas County Trail, bounded on the west by the waters of
Clearwater Bay, on the east by the eastern sidewalk of Missouri Avenue, on the
north by the northern sidewalk of Drew Street, and on the south by the southern
sidewalk of Court Street and Chestnut Street;
(b) In any public parking lot or public parking garage, including the
access/egress ramp;
,
(c) In any public access ramps or access ramps for handicapped
persons providing pedestrian access to a building; and
(d) On any public or private property where prohibited by
conspicuously located signs having lettering at least two inches high, and
containing as a minimum the words MNo Skateboarding."
(2) It Is unlawful for any person to operate or ride roller skates, in-line
skates, coasters, or other similar devices in or upon any of the following
locations:
I '
(a), In any public parking lot or public parking garage, inclUding the'
access/egress ramp;
(b) In any public access ramps or access ramps for handicapped
persons providing pedestrian access to a building; and
,
I,
(c) On any pUblic or private property where prohibited by
conspicuously located signs having lettering 'at least two inches high, and
containing as a minimum the words "No Skating or Coasting."
(3) It is unlawful for the parent, legal guardian or custodian of a minor
child to permit the child to violate the provisions of subsections (1) and (2).
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(4) It is unlawful for operators or riders of skateboards, roller skates, in-
line skates, coasters, or other similar devices to fail to yield the right-of-way to
any other pedestrians or to otherwise endanger or interfere with pedestrian traffic
'on any street or sidewalk within the City.
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Ordinance No. 6074-96
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Section 2, This ordinance shall take effect immediately upon adoption,
PASSED qN FIRST READING AS AMENDED August 15, 1996
PASSED ON SECOND AND FINAL
READING AND ADOpTED AS AMENDED
Rita Garvey
Mayor-Commissioner
Approved ,as to form and
legal sufficiency:
Attest:
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Cynthia E. Goudeau
City Clerk
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Ordinance No, 6074-96
I s+R.
ORDINANCE NO. 6098-96
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, RELATING TO SKATEBOARDS,
ROLLER SKATES. IN-LINE SKATES, COASTERS,
OR OTHER SIMILAR DEVICES; AMENDING
ARTICLE I OF CHAPTER 28, CODE OF
ORDINANCES, TO CREATE SECTION 28.11 TO
PROHIBIT A PERSON FROM USING
, SKATEBOARDS, ROLLER SKATES, IN-LINE
SKATES, COASTERS, AND OTHER SIMILAR
DEVICES IN SPECIFIED LoeA TIONS; PROVIDING
AN EFFECTIVE DATE.
~'~
I
WHEREAS, numerous complaints have been received, particurarJy from
downtown area businesses, about juveniles using their skateboards, roller
skates. and in-line skates and causing damage to private and public property;
WHEREAS, juveniles are skateboarding In Station Square Park in
downtown Clearwater and are using benches and curbs as obstacles to jump off
or ove,. having tittle or no regard for the pedestrians inside the park; and
WHEREAS, the skateboarders are causing significant damage to the
downtown area because the skateboards scratch and cause other foons of
damage to the benches, sidewalks, tiles. and curbs; now, therefore.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1, Section 28,11. Code of Ordinances. is created to read as
follows:
Sec. 28.11. Use of Skateboards, Roller Skates, In-line Skates,
Coasters, or Other Similar Devices on Public or Private Property.
(1) It is unlawful for any person to operate or ride roller skates, in-line
skates, coasters, skateboards or other similar devices in or upon any of the
following locations~
(a) In any public parking rot or public parking garage, incruding the
access/egress ramp. except that persons who park in public parldng lots shall
be permitted to skate from their parked vehicles to the sidewalk;
Ordinance No, 6098-96
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,(b) In any public access ramps or access ramps for handicapped
persons providing pedestrian access to a building; and
(c) On any public or private property where prohibited by
conspicuously located signs haVing lettering at least two inches high. an'd
containing as a minimum the words "No Skating, II IINo Skateboarding," or a
substantially similar message.
(2) It is unlawful for the parent. legal guardian or custodian of a minor
child to permit the child to violate the provisions of subsection (1).
(3) It is unlawful for operators or riders of skateboards, roller skates, in-
line skates, coaste~.. or other similar devices to fall to yield the right-of-way to
any other pedestrians or to otherwise endanger or interfere with pedestrian traffic
on any street or sidewalk within the City.
Section 2. This ordinance shall take effect immediately upon adoption,
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Rita Garvey
Mayor-Commissioner
, Approved as to form and
legal sufficiency:
Attest:,
.1L~
Pamela . Akin
City Attorney
Cynthia E. Goudeau
City Clerk
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Ordinance No. 6098-96
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ORDrNANCE NO. 6066-96
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AN ORDINANCE OF THE CITY OF CLEARWATER. FLORIDA.
AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE
COMPREHENSIVE PLAN OF THE CITY, TO CHANGE THE LAND
USE DESIGNATION FOR CERTAIN REAL PROPERTY LOCATED
ON THE SOUTH SIDE OF DRUID ROAD. WEST OF U.S. 19
NORTH. CONSISTING OF PART OF M&B 44-04. IN SECTION 18.
TOWNSHIP 295. RANGE 16E. AND PART OF LOT 3. SEVER
PARK SUBDIVISION FROM RESIDENTIAUOFFICE GENERAL
AND RESIDENTlAL URBAN TO PRESERVATION; PROVJDJNG
AN EFFECTIVE DATE.
WHEREAS, the amendment to the future land use plan element of the comprehensive
plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate,
and Is consistent with the City's Comprehensive Plan; now. therefore.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER. FLORIDA:
Section 1. The future land use plan element of the Comprehensive Plan of the City of
Clearwater is amended by designating the land use category far the hereinafter described
property as follows:
Pro~rty
See Exhibit A attached. (LUP96-04)
l.and Use Categoty
From: Residential/Office GeneraJ and
Residential Urban
To: Preservation
Se~ion 2, This ordinance shall take effect Immediately upon adoption. subject to the
approval of the land use designation by the PineUas County Board of County CommisSioners and
subject to a detennination by the state land pfenning agency or the Administrative Commission of
the State of Fforida, as appropriate. of compliance with the applicable requirements of the Local
Government Comprehensive Planning and Land Development Regulation Act, pursuant to ~
163.3189. Florida Statutes. The Director of Central Pennitting Is authorized to transmit to the
Plnellas County Planning Council an application to amend the Countywide Plan In order to
achieve consistency with the Future Land Use Plan Element of the City's Comprehensive Plan as
amended by this ordinance,
PASSED ON FIRST REAOfNG
PASSED ON SECOND AND FJNAL
READING AND ADOPTED
September 5. 1996
!,
Rita Garvey, MayorMCommissfoner
Attest:
Cynthia E, Goudeau. City Clerk
Ordinance No. 10&8."
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LEGAL DESCRIPTION
From the SE comer of Section 18, Township 29 South, Range 16
, East, go N 01003'04- E 1093.27 feet, thence N 89019'03- W,
115.30 feet to the Northeast comer of Lot 2,' Sever Pari< as
'recorded in Plat Book 90, Page 59, of the public records of
. " 'Plnellas County, thence go N 89019'03- W 184,71 feet, thence N
, 01003'04- E 200,01 feet to the Southern right-of.way of Druid
Road, thence along said right-of*way N. 89019'03-'W 115.23 feet
to THE POINT OF BEGINNING, thence continue N 89019'03- W
84.21 feet, thence S,01022'22- W 250.02 feet, thence S 89019'03-,
E 108.79 feet; thence N 01003'04- E 225.48 feet; thence N
85016'38- W 15,87 feet; thence N 16023'28- W 24.49 feet ,to THE.
~OINT OF BEGINNING,
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Exhibit A
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PROPOSED REZONING
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AND LAND USE PLAN AMENDMENT
OWNER: lewl., ^ J & K S z: ~6"()7 and L.U.P.96.o4
ADDRESS: 20162 US 19.
PROf?ERTY DESCRIPTfQ1j:
See 18 29 16, part M&B 44"()4
4''SeVer Park, part lot 3 .
.
LAND USE PlAN lONING
FROM: Res/Off Goo & R U OG & RM 8
TO: Preservatron P -
-
ACRES: 0.62
RIGHT -of.WAY: ACRES:
ATLAS PAGE: 299 A SEe: 181WP: 29 S RGE: 16 E
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II' l!N.' D:Z IN OARD~1E4N\i~~,b.,:.,,;,ntN,\:,,,6~~"~J.<a 'lcrry,.coMM S~9rf ,':'i;:;:~:). !-?i.'}{t, \t1{}i,'l~l':il;t.a ..::1:~p:jJ.:'tik:;.t~'~~,
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Ordinance No. 6066-96
ORDINANCE NO. 6067-96
AN ORDINANCE OF THE CITY OF CLEARWATER. FLORIDA,
AMENDING THE ZONING ATLAS OF THE CITY BY REZONING
CERTAIN PROPERTY LOCATED ON THE SOUTH SIDE OF
DRUID ROAD, WEST OF U.S. 19 NORTH. CONSISTING OF
PART OF M&B 44-D4, IN SECTION 18, TOWNSHIP 295, RANGE
16E, AND PART OF LOT 3. SevER PARK SUBDIVISION.
WHOSE POST OFFICE ADDRESS IS 20162 U.S, 19 NORTH,
FROM OFFICE GENERAL (OG) AND MULTIPLE FAMILY
RESIDENTIAL IIEIGHr (RM-8) TO PRESERVA TrON (P);
PROVIDING AN EFFECTIVE DATE.
~3
WHEREAS, the amendment to the zoning aUas of the City as set forth In this ordinance is
found to be reasonable. proper and appropriate, and Is consistent with the City's Comprehensive
Plan; now. therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER. FLORIDA:
Section 1. The following described property In ClealWater. Florida. Is hereby rezoned. and
the zoning atlas of the City is amended as follows:
Property
See Exhibit A attached, (Z96-07)
Zoning District
From: Office General - (OG) and
Multiple Family Residential IIEightll - (RM-8)
To: Preservation - (P) ,
Section 2. The Central Permitting Director Is directed to revise the zoning atlas of the City
in accordance with the foregoing amendment.
Section 3. This ordinance shall take effect immediately upon adoption. subject to the
approval of the land use designation by the Pinellas County Board of County Commissioners and
subject to a detenninatlon by the state land planning agency or the Administrative Commission of
the State of Floridat as appropriate, of compliance with the applicable requirements of the Local
Government Comprehensive Planning and Land Development Regulation Act, pllrsuant to
~163.3189. Florida Statutes, The Director of Central Pennitting is authorized to transmit to the
Pinellas County Planning Council an application to amend the Countywide Plan in order to
achieve consistency with the Future Land Use Plan Element of the City's Comprehensive Plan as
amended by this ordinance.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
September 5. 1996
l'
Rita GalVey. Mayor-Commissioner
Attest:
Cynthia E. Goudeau, City Clerk
Ordinance No. 6067-96
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LEGAL DESCRIPTION
From the SE comer of Section 18, Township 29 South, Range 16
< East, go N 01003'04- E 1093.27 feet, thence N 89019'03- WI
115.30 'feet to the Northeast comer of Lot 2, Sever Park as ,
recorded, In Plat Book 90, Page 59, of the pubffc records of
Plnellas County, thence go N 89019'03- W 184.71 feet, thence N
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to THE POINT OF BEGINNING, thence continue N 89019'0311 W
84.21 feet, thence S 01022'2211 W 250,02 feet, thence S 89019'0311
,e 106,79 feet, thence N 01003'04- E 225.48 feet; thence N
85016'38- W 15.87 feet; thence N 16023'2811 W 24.49 feet to THE
, , POINT OF BEGINNING.
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Ordinance No, 6067.98
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PROPOSED REZONING
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AND LAND USE PLAN AMENDMENT
OWNER: Lewis. A J & K S z: 96-O~ and L.U.P. ~6.o4
ADDRESS: 20162 US 19.
PROPERTY DESCRIPTION:
See 18 29 16, part M&B 44-04
~ 'SeVer Park, part lot 3 .
lAND USE PLAN ~ON'NQ
FROM: Res/Off Gen & R U OG &. RM 8 -
TO: Preservation P -
ACRES: 0.62
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ATlAS PAGE: 299 A SEe: 18 TWP: 29 S RGE: 16 E
'"'~_~'>';'"';:"<""l'''>'''''~' >0'.'.".'..)' ,.,.,'. :y.."t.: <, ":<".<'~'."'(-"~''\'~~<'1..{,<""".,~: ';t .<.>,",'" ~ .,. ~. "<'''<><11'-'' ..<"""N'\ '~V~i?frlfl:l\').t;u, t"~4"~~' "v-"",.~"., ",,':
'~ J: ~D ,ZONING]OARD~'t~;Nf~..\~M~'~'+:;~:i';';';S' ~;qltt~Y<l.l .....CITY COM S$IO -'if,<lv .,.>, "L\~\V:"'i;;t\1~j ,'YA~k.'S:~Vl~P};;
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Ordinance 6067..96
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ORDINANCE NO. 6072-98
AN ORDINANCE OF THE CITY OF CLEARWATER; FLORIDA,
ANNEXING CERTAIN REAL PROPERlY LOCATED WEST OF
FLORA ROAD, CONSISTING OF LOT 11 t SUNSET HIGHLANDS
UNIT 2, WHOSE POST OFFICE ADDRESS IS 1460 SUNSET
POINT ROAD, INTO THE CORPORATE LIMITS OF THE CITY.
AND REDEFINING THE BOUNDARY LINES OF THE CITY TO
INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE.
d~
WHEREAS. the owner of the real property described herein and depicted on the map
attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the
City pursuant to Section 171.044. Florida Statutes, and the City has complied with all applicable
requirements of Florida law In connection with this ordinance; now. therefore,
BE IT ORDAINED BY THE CllY COMMISSION OF THE CllY OF
CLEARWATER. FLORIDA:
Section 1. The followlng..cfescribed property is hereby annexed into the City of ClealWater
and the boundary Jines of the City are redefined accordingly:
lot 11, Sunset Highlands, Unit 2, according to map or plat thereof as recorded
In Pla~ Book 41, Pages 70 and 71. public records of Plnellas County, Florida,
(A96-24)
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 easementG. parks. rights..of-way and other dedications to the pUblic which have
heretofore been made by plat. deed or user within the annexed property. The City Engineer, the
City Clerk and the Central Pennitting Director are directed to include and show the property
described herein upon the official maps and records of the City.
Section 3. this ordinance shall take effect immediately upon adoption. The City Clerk
shaff file certified copies of this ordinance; including the map attached hereto. with the Clerk of the
Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after
adoption, and shall file a certified copy with the Florida Department of State within 30 days after
adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
September 5, 1996
Rita Garvey
Mayor-Commlssloner
Approved as to fonn and
lega sufficiency:
Attest:
Leslie K, DougaU-Sld s
Assistant City Attome
Cynthia E. Goudeau
Clerk
OrdInance! No. 6012.96
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PROPOSED ANNEXATION JLv
AND ZONING
OWNER: Rawlings. Betty. A:DJl::2!
ADDRESS: 1460 Sunset Pont Rd PROPERTY DESCRIPTION: Sunset Highlands, Unit 2,
lot 11
lAND USE PLAN ZONING
COUNTY: Residentlal Urban R-3
CITY: Residential Urban RSS
A~RES~ 0.20
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I Ordinance 6072-96
ORDINANCE NO. 6073-96
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE ZONING ATlAS OF THE CITY BY ZONING
CERTAIN REAL PROPERTY LOCATED WEST OF FLORA
ROAD. CONSISTlNG OF LOT 11. SUNSET HIGHLANDS UNIT 2,
WHOSE POST OFFICE ADDRESS IS 1460 SUNSET POINT
ROAD, UPON ANNEXATION INTO THE CITY OF CLEARWATER,
AS SINGLE-FAMilY RESIDENTIAL 8 (RS-S); PROVIDING AN
EFFECTIVE DATE.
25
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
Lot 11, Sunset Highlands Unit 2, according
to the map or plat thereof as recorded in
Plat Book 41, Pages 70 and 71, public records
of Plnellas County, Florida. (A96-24)
Zoning District
Single-Family Residential 8 - (RS..s)
Section 2. The Central Pennitting Director is directed to revise the zoning atlas of the City
In accordance with the foregoing amendment.
Section 3. This ordinance shall take effect immediately upon adoption. contingent upon
and subject to the adoption of Ordinance No. 6072-96..
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
September 5, 1996
Rita Garvey
Mayor-Commissioner
Approved as to form and
legal sufficiency:
'.
Attest:
"
Cynthia E. Goudeau
City Crerk
LeslIe K. DougaU.SI e
Assistant City Attorney
Document No. 8073.98
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PROPOSED ANNEXA liON :) 5
AND ZONING
OWNER: Rawlings, Betty. A:~
ADDRESS: 1460 Sunset Pont Rd pROPERTY DESCRIPTION: Sunset Highlands, Unit 2,
lot 11
LAND USE PLAN ZONING
COUNTY: Resldontlal Urban .R-3
CITY: Residential Urban RS 8
ACRESi 0.20
RIGHT -of-WAY: ACRES:
A nAS PAGE: 262A SEC:02 TWP: 29 S RGE: 15 E
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Ordinance No. 6073-96
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Clearwater City Commission
Agenda Cover Memorandum
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Item II: '0
'Q io Qr_
Meeling Dale: ~.
SUBJECT:
lease {or 1000 Vine Avenue for Community Response Team, North Greenwood Neighborhood Office.
RECOMMENDA lION/MOlION:
Renew lease for the period October 1, 1996, to September 30, 1997, with one onE~..year term option
from Albert L and Linda M Guy for property at 1000 Vine Avenue, legally described as Jurgens Addition
to Clearwater, Block E, east 51.2' of Lot 10, at a cost of $400.00 per month for a total of $4,800.00
{!I and lhatthe appropriate officials be aulhorized to execule same.
BACKGROUND:
· This property was originally leased for the North Greenwood Neighborhood Satellite Office on January 10,
1995.
· Staff negotiated with Albert l and Linda M Guy resulting in the proposed lease agreement renewal. This
p~operty is centrally located within the boundaries set in the Community Development Block Grant (CDBG)
program.
· Funding for the lease is included in the recommended operating transfers to the Special Program project
181-99557 Code Enforcement-North Greenwood 96, in the 1996/1997 Recommended Operating Budget.
I,
I
I
Reviewed by:
lepl
Buds:et
Pu~ins
Risk Mpnt.
IS
ACM
other
Submitted by:
, Originating Department:
Community R~nse Tum
Costs:
$4,800,00
Total
Commission Action:
o Approved
o Approved w/Condillons
o Denied
o Continued to:
Current Fiscal Year
d~:r-
Advert sed:
Dilte:
PAPer:
o Not Required
Affected Parties:
o Notified
o Not Required
Funding Source:
o Caplullmprovrmtnl:
o Opefitlns:
o OtMn Special Program
Appropriation Code
181.99557-544300-554-000
Attachments:
lease Agret:'ment between City
iIlnd Albert l and LInda M Guy.
o None
o Printed on recyded papet
'.. ~ ' . . ........J......u~~. '. . ~. "............ .......... .
. .
LEASK AGREEMENT
THIS LEASE, made this
"Effective Date"), between ALBERT
and CITY OF CLEARWATER, FLORIDA,
"Lessee".
day of , 1996, (the
L. GUY and LINDA M. GUY, as "Lessor",
a Florida Municipal Corporation, as
WIT N E SSE T H:
ARTICLE I - LEASED PREMISES
1.01 Lessor does hereby lease to Lessee those certain
premises consisting of approximately 500 square feet ("Leased Square
Feet") of office space which represents 1000 Vine Avenue, Clearwater,
Florida.
1.02 A sketch of the Office Premises together with a floor
plan is attached hereto as Exhibit "A".
1.03 This lease is subject to the terms, covenants and
conditions herein set forth and the Lessee and the Lessor each covenant
as a material part of the consideration for this Lease to keep and
perform each and all of said terms, covenants and conditions.
ARTICLE II - USE OF PREMISES
2.01 Lessee covenants that the Office Premises during
continuance of this Lease shall be used only for general office
purposes, and for no other purpose or purposes, without the written
consent of the Lessor, which may be granted or withheld in Lessor IS
sole discretion. Lessee affirmatively covenants to operate the Office
Premises for such purposes during the entire term of this lease and to
operate its business pursuant to the highest reasonable standards. of
its business category. Lessee will conduct such business in a lawful
manner and in good faith. It is expressly understood that Lessee shall
have the exclusive right in the Office Building to conduct the uses set
forth in this Section 2. Lessee represents that the proposed use is
permitted by all applicable zoning laws. In the event of a zoning
violation by Lessee, Lessor shall have the right to terminate the Lease
by notice in writing and Lessee shall hold Lessor harmless and
reimburse Lessor for any expenses, liability or fine resulting from any
use which violates such zoning laws.
ARTICLE III - TERM AND COMMENCEMENT
3.01 The term of this lease shall be for TWELVE MONTHS
commencing on October 1, 1996 and ending on September 30, 1997 with one
one-year term option unless terminated as provided herein.
ARTICLE IV - RENT
",I
4.01 Lessee covenants that it will, without deduction,
demand, or setoff pay to Lessor for the use of the Office Premises
during the term hereof the total rent of FOUR THOUSAND EIGHT HUNDRED
Page 1 of 15
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AND ---NO/IOO---OOLLARS ($4,800.00), payable in equal monthly
installments of $400.00 Base Rent.. Lessee is exempt from the
obligation to pay State Sales Taxes under Section 212.08 (6), Florida
Statutes, and as such, no Sales Taxes shall be due from or payable by
Lessee in connection with this Lease. The Rent shall be paid monthly
in advance on the first day of each month, and a like sum on or before
the first day of each and every successive calendar month thereafter
during the term hereof. The first and last month's Base Rent shall be
due and payable on the Lease Commencement Date.
ARTICLE V - LATE PAYMENT CHARGE
5.01 In addition to Lessor's remedies under the terms of
this Lease, upon Lessee's failure to pay the Base Rent or to make any
other payments required to be made by Lessee hereunder within ten (10)
days after the date, Lessor reserves the right to charge a late payment
charge for handling of $25.00 (Twenty-five Dollars) plus one percent
(1%) of the outstanding balance due for each month or portion thereof.
In no event shall the amount of. such interest and .late charge be in
excess of any usury laws, either Federal or State.
ARTICLE VI - RENEWAL
. 6.01 Provided that Lessee shall not be in default under this
Lease, Lessee shall have the option to renew this Lease for one
additional term of twelve months (\\Renewal Term") under the same terms
and conditions provided herein.
ARTICLE VII - UTILITIES
7.01 The rent to be paid by Lessee provided in Section 4.01
includes utilities for water, sewer, and stormwater. Lessee shall pay
electricity and heating, ventilation and air conditioning, and
janitorial services for the Office Premises. Further, Lessee shall
contract for, and pay, all other charges measured by consumption or use
for the. Office Premises, including but not limited to telephone and
security systems.
ARTICLE ViII - MUNTENANCE AND REPAIRS
8.01 By entry hereunder Lessee accepts the Office Premises
as being in good sanitary, orderly condition and repair. Lessor shall
also be responsible for maintaining and repairing the structural
portions of the office Building including founda tion, exterior and
demised walls, roof and HVAC. Lessor shall not be required to commence
any such repair until notice shall be received from Lessee specifying
the nature of .the needed repair. Lessor shall not be required to make
any such repairs where same are caused by any act, or omission of
Lessee, and sub-tenant, or concessionaire of Lessee, or any of their
respective officers, employees, agents, customers, invitees, or
contractors, except for ordinary wear and tear. Lessor shall maintain
exterior grounds.
8.02 Lessee agrees, at Lessee's expense to maintain and
Page 2 of 15
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repair all non-structural portions of the interior of the Office
Premises in good condition, damage occasioned from fire or other
casualty excepted, including but not limited to the exterior and
interior portions of all doors, door hardware and operators, windows,
plate glass, interior plumbing and sewage facilities within the Office
Premises, fixtures, electrical equipment, interior walls, floors,
ceilings, and all interior building appliances and similar equipment.
Lessee shall, upon the expiration or any earlier termination of the
term hereof, surrender the Office Premises to Lessor in the same
condition as when received, ordinary wear and tear, fire and other
casualty excepted.
8.03 It is specifically understood and agreed that Lessor
has no obligation and has made no promises to alter, remodel, improve,
repair, decorate or paint the Office Premises or any part thereof and
that no representations respecting the condition of the office Premises
or the Office Building of which the Office Premises are a part have
been made by Lessor to Lessee.
ARTICLE IX - OSES PROHIBITED: RULES .MID REGULATIONS
9.01 After initial occupancy Lessee shall not do or permit
anything to be done in or about the Office Premises nor bring or keep
anything therein which will in any way increase the existing rate of or
affect any fire or other insurance upon the building of any of its
contents, or cause a cancellation of any insurance policy covering said
building or any part ~hereof or any of its contents. In the event the
specific use of the Office Premises shall change and such change shall
result in an increase in said insurance policies, Lessor'may elect to
collect the increased cost of insurance from Lessee as additional rent
rather than treat this as a default under the terms of this Lease.
Lessee may not use. or allow the Office Premises to be used for any
improper, immoral, unlawful or objectionable purposes, nor shall Lessee
cause, maintain or permit any nuisance in, or about the Office
Premises. Lessee shall not commit or suffer to be committed any waste
in or upon the Office Premises or the building containing the office
Premises, if such waste could reasonably be deemed to be within the
authority of the Lessee to control.
9.02 Lessee shall faithfully observe and comply with the
rules and regulations of Lessor in force and effect during the term
thereof and all reasonable modifications of and additions thereto as
may be mutually agreed. between the parties in writing. Lessee I s
failure to comply with any rule or regulation as described herein or to
which the parties may have agreed shall constitute a breach of the term
of this Lease.
ARTICLE X - COMPLIANCE WITH LAW
10.01 Lessee shall not use the Office Premises or Building to
permit anything to be done in or about the same which will be any way
conflict with any law, statute, ordinance or governmental rule or
regulation now in force or which may hereafter be enacted or
promulgated. Lessee shall at its sole cost and expense promptly comply.
with all laws, statutes, ordinances and governmental rules, regulations
Page 3 of 15
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and requirements of any board of fire underwriters or. other similar
body now or hereafter constituted regarding occupancy of the Office
Premises, excluding structural changes not related to or affected by
Lessee's improvements or acts.
ARTICLE XI - LEASEHOLD IMPROVEMENTS
11.01 Lessee shall not make any changes or alterations in or
to the Office Premises without the written consent of the Lessor, which
consent shall not be unreasonably withheld. All alterations,
additions, improvements, including without limitation, floor and wall
coverings, lighting, heating, ventilating and air conditioning
equipment, and fixtures (collectively referred to herein as "Leasehold
Improvements"), which may be made or installed by either of the parties
hereto upon the Office Premises and which in any manner are attached to
the floors, walls, or ceilings, except millwork, decorative lighting,
and including, but not limited to, trade fixtures if Lessee is not in
default and promptly restores any damage caused by the removal, shall
become the property of the Lessor upon installation, unless the parties
shall elect otherwise, which election shall be made by the parties in
writing prior to such installation. Any Leasehold Improvements made by
Lessee without obtaining the written consent of Lessor to remove same
upon expiration or other termination of this Lease, shall remain upon
and be s~rrendered with the Office Premises as a part thereof and shall
be unencumbered by liens, security interest or otherwise. Lessee may
remove all its personal property not attached to the Office Premises
and rem::>vable without injury to or defacement of the office Premises
provided all rents are paid in full and Lessee is not otherwise in
default under this Lease and further provided that any damage to the
Office Premises of the Office Building resulting from such removal
shall be simultaneously repaired at Lessee's expense. Lessee agrees
that all of Lessee's personal property in the Office Premises shall be
at Lessee's sole risk and/or those claiming under the Lessee.
11.02 All Leasehold Improvements and trade fixtures installed
in the Office Premises by Lessee shall consist of new or completely
reconditioned material installed in a workmanlike manner and in
compliance with all applicable laws and regulations and shall be
perf~rmed only by contractors or subcontractors who have complied with
the Lessor's insurance standards. Any contractor or person selected by
Lessee to make such improvements must first be approved of in writing
by the Lessor, which Lessor will not unreasonably withhold. Said work
shall be at Lessee's sole risk and expense and Lessee shall promptly
pay all laborers, contractors and material men performing such work and
furnishing material therefore for Lessee. Lessee agrees to indemnify
and save harmless Lessor for all expense, liens, claims, or damages to
either persons or property, including, without limitation, the Office
Premises, stemming in any manner from such work. If any lien'be filed
by virtue of Lessee's work, Lessee shall cause the same to be
discharged or bonded off of record within fifteen (15) days after
written notification of the existence of said Lien. If Lessee fails,
then Lessor may, at Lessor's option, cause such discharge and shall
reimburse Lessor all its costs and expenses expended thereon upon
billing for same, including attorney's fees.
<.',
Page 4 of 15
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ARTICLE XII - ABANDONMENT
12.01 Lessee shall not desert or abandon the Office Premises
at any time during the term, and if Lessee shall abandon, desert or
surrender said Office Premises, or be dispossessed by process of law,
or otherwise, any personal property belonging to Lessee and left on the
Office Premises or the building in which the Office Premises is located
shall be deemed to be abandoned at the option of the Lessor.
ARTICLE XIII - LIENS
. 13.01 Lessee shall keep the Office Premises and the property
in which the Office Premises are situated free from any liens arising
out of any work performed, materials, furnished or obligations incurred
by Lessee. Lessee covenants to hold Lessor or any successor in
interest harmless from any such liens. In the event Lessee desires to
contest any such lien, Lessee shall immediately notify Lessor of such
lien and shall, at the option of the Lessor, transfer said lien to the
security of a bond posted or obtained by Lessee.
ARTICLE XIV - INDEMNIFICATION OF LESSOR
14.01 Lessee agrees to indemnify and save Lessor harmless
from and defend Lessor against ,any and all claims or liability for any
injury or damage to any person or property whatsoever (1) occurring in,
on or about any facilities including, without prejudice to the
generality of the term "facilitiesH; elevators, stairways, passageways,
hallways or parking areas, when such injury or damage is caused in part
or in whole by the act, neglect, fault of or omission of any duty with
respect to the same by Lessee, its agents, servants, employees, or
invitees, and which is not covered or contributed to or by the Lessor,
its agents, servants, employees or invitees; however, nothing herein
shall constitute a waiver of any of the rights or defenses available to
the Lessee as a Florida municipality under Section 768.28, Florida
Statutes, the "Sovereign Immunity Waiver Statute".
14.02 Lessor shall not be liable for any damage or injury by
water, which may be sustained by Lessee or any other person or for any
other damage or injury resulting from carelessness, negligence, or
improper conduct on the part of any other Lessees, their agents,
employees or invitees, or by reason of the breakage, leakage, or
obstruction of the water, sewer or soil pipes, roof leaks, flooding, or
other leakage in or about the Office Premises or the building in which
the Office Premises is located, except for the negligence of Lessor.
ARTICLE X!I - INSURANCE
15.01 Lessee shall, throughout the Lease Term, purchase and
maintain at Lessee t s expense, public liability insurance or provide
through self-funding, such coverage equal to the maximum limits of
liability provid~d for in Section 768.28, Florida Statutes, plus any
excess liability insurance coverage that may be purchased by Lessee,
insuring Lessee against any liability based on the negligence of Lessee
or any of the Lessee's employees which arises out of Lessee's use of
the Office Premises.
15.02
Lessee shall, through the Lease Term, purchase and
Page 5 of 15
maintain at Lessee's expense plate glass insurance or provide through
self-funding such coverage in an amount sufficient to cover Lessee's
obligations to repair and replace all plate glass in the Office
Premises.
15.03 Lessor hereby releases Lessee and Lessee hereby
releases Lessor from any and all claims and demands for loss, damages,
expense or injury to the Office Premises which is caused by or results
from perils, events, or happenings which are the subject of the
insurance carried by the respective parties hereto and which insurance
is underwritten by a company duly licensed to engage in a commercial
business in the State of Florida and whose coverage is in force at the
time of such loss to the extent of insurance proceeds actually received
by the respective parties from such insurance coverage. Each party
shall pay any additional premium required of its own insurer for waiver
of subrogation rights under this Section.
15.04 Lessee shall have the right to provide such insurance
coverage pursuant to blanket policies which expressly afford coverage
to the Office Premises and to Lessee. If insurance coverage is
obt;.ained by Lessee, Lessee shall obtain a written obligation on the
part of any such insurance company to notify Lessor in writing of any
delinquency in premium payments and at least 30 days prior thereto of
any cancellation or amendment to such policy.
15.05 Any policies of insurance provided for herein to be
carried by Lessee shall be issued by insurance companies reasonably
acceptable to Lessor and licensed to do business by the State of
Florida and its insurance regulatory bodies, provided, however, Lessee
may self-fund any risk provided for in this ARTICLE XVII -INSURANCE in
lieu of purchasing insurance coverage therefor. If insurance is
purchased by Lessee, the original policies or a certificate thereof,
together with the evidence of payment therefor, shall be delivered to
Lessor on or before the Lessee has taken possession of the Office
Premises and annually thereafter 50 long as insurance coverage is
purchased by Lessee.
ARTICLE XVI - ENTRY BY LESSOR
16.01 Lessor, upon prior notice to Les see, except in the
event of an emergency, reserves and shall at reasonable times and in a
reasonable manner have the right to enter the Office Premises to
inspect the same, to supply janitorial and any other service to be
provided,by Lessor to Lessee hereunder, to submit the Office Premises
during business hours or other reasonable times to prospective Lessees,
(but only during the last 180 days of the term with respect to
prospective Lessees of the Office Premises), and to alter, improve or
repair the Office Premises and any repairs to any portion of the
building of which the Office Premises are a part and which Lessor in
good faith determines are necessary, at Lessor's cost, without
abatement of rent, and may for that purpose erect scaffolding and other
necessary structures where reasonably required by the character of the
work to be performed, always providing that an entrance to the Office
Premises shall not be blocked thereby, and further providing that the
Page 6 of 15
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business of Lessee shall not be interfered with unreasonably. Lessee
hereby waives any claim for damages for any injury or inconvenience to
or interference with Lessee's business, any 1085 of occupancy or quiet
enjoyment of the Office Premises, and any other loss occasioned
thereby. For each of the aforementioned purposes, Lessor shall at all
times have and retain a key with which to unlock all of the doors in,
upon and about the Office Premises and areas of storage of Lessee's
confidential correspondence, but not the confidential correspondence.
Lessor shall have the right to use any and all lawful means which
Lessor may deem proper to open said doors in an emergency, in order to
obtain entry to the Office Premises, and any entry to the Office
Premises obtained by Lessor by any of said lawful means shall not under
any circumstances be construed or deemed to be a forcible or unlawful
entry into, or a detainer of, the Office Premises or an eviction of
Lessee from the Office Premises or any portion thereof.
ARTICLE xvtI- DEFAULT BY LESSEE
17.01 Upon the happening of anyone or more of the following
events ("Events of Default"):
A. Lessee's default in the payment of any rental or other sums due
for a period of Ten (10) days after the due date;
I
B. Lessee's continued default with respect to any other covenant
of this Lease for a period of fifteen (15) days after deli very of
written notice of such default to Lessee by Lessor, provided that if
such default reasonably requires more than fifteen (15) days to cure,
there shall be no Event of Default if Lessee has commenced correcting
action within the 15-day period and is diligently prosecuting such
action;
I"" ,
c. There shall be filed by or against Lessee (except if it is an
involuntary petition, Lessee shall have 30 days to cure said petition)
in any curt pursuant to any statute either of the United States or of
any state, a petition in bankruptcy or insolvency or for reorganization
or arrangement, or for the appointment of a receiver or trustee of all
or a portion of Lessee's property, or if Lessee makes an assignment for
the benefit of creditors or, if there is an assignment by operation of
law, or if any execution, seizure or attachment shall be levied upon
any of the Lessee's property of the Office Premises are taken or
occupied or attempted to be taken or occupied by someone other than
Lessee, except for condemnation or with Lessor's consent;
D. Lessee's vacating or abandoning the Office Premises;
Lessor, at its option, may exercise anyone or more of the following
remedies which shall be cumulative:
,
i.
I
(1) Re-enter and take possession of the Office Premises and
remove Lessee and its effects, by force if necessary and, without
obligation to do so, relet or "attempt to relet the Office Premises on
behalf of Lessee, at such rent and under such terms and conditions as
Lessor may deem best under the circumstances for the purpose of
reducing Lessee's liability, and Lessor shall not be responsible to
Page 7 of 15
, ,
Lessee for any damages in connection thereof, nor shall Lessor be
deemed to have thereby accepted a surrender of the Office Premises, and
Lessee shall remain liable for all rents and additional rents due under
this lease and for all damages suffered by Lessor because of Lessee's
breach of any of the covenants of this Lease. Said damages shall
include, but not be limited to, charges for removal and storage of
Lessee's property, remodeling and repairs, leasing, commissions and
legal fees. At any time during repossession and reletting pursuant to
this subsection, Lessor may, by delivering written notice to Lessee,
elect to exercise its option under the following subsection to accept a
surrender of the Office Premises, terminate and cancel this Lease, and
retake possession and occupancy of the Office Premises.
(2) Declare this lease to be terminated, whereupon the term
hereby granted and all right, title and interest of Lessee in the
Office Premises shall end and Lessor may re-enter upon and take
possession of the Office Premises. Such termination shall be without
prejudice to Lessor's right to collect from Lessee any rental or
additional rental which has accrued prior to such termination together
with all damages, including, but not limited to, the damages specified
in Subsection 19.01{D) (I) above. '
(3) Accelerate all rentals due and to become due during the
remainder of the term of this Lease, in which event all such rentals
shall become immediately due and payable, provided that payment thereof
shall not constitute a penalty or liquidated damages but shall merely
constitute payment of advance rent. The acceptance of any such payment
by Lessor shall not constitute a waiver of any claim for damages as
described above and Subsection 20.01(D} above.
(4) As agent of Lessee, Lessor may do whatever Lessee is
obligated to do under this Lease, and may enter the Office Premises for
such purpose, without being liable for damages, therefore, and Lessee
agrees to reimburse Lessor immediately on demand for any expenses which
Lessor may incur in this enforcing compliance with this Lease, and the
amount thereof shall bear interest at the highest contract rate
permitted by Florida law until paid.
{5} Exercise any and all other rights ar!d privileges that
Lessor may have under the laws of the State of Florida and/or the
United States of America.
AR'rICLE XVIII - RIGB'r 'rO CURE DEFAULTS
18.01 If Lessee, after reasonable notice, shall fail to make
repairs, maintain public liability insurance, comply with all laws and
ordinances, and regulations, or perform any other obligation in
accordance with this Lease, Lessor shall have the right to perform such
work; including the right to enter on the Office Premises, or make such
payments on behalf of Lessee, and Lessee agrees to r~imburse Lessor
promptly upon demand, together with interest at the rate of 1-1/2% per
month.
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Page 8 of 15
f.
ARTICLZXIX - DEFAULT BY LESSOR
19.01 This Lease shall be subject to termination by Lessee in
the event of anyone or more of the following events:
A. Material default by Lessor in the performance of any of the terms,
covenants or conditions of this Lease, and in the failure of the Lessor
to remedy, or undertake to remedy, to Lesseers satisfaction, such
default for a period of thirty (30) days after receipt of notice from
Lessee to remedy same.
B. Lessee determines that the
damaged by some casualty that
repair such Office Premises.
Office
it is
Premises are
impractical or
so extensively
inequi table to
c. Lessee may terminate with 30 days written notice to lessor for any
municipal purpose as determined by the City Manager.
19.02 In the event of any default by Lessor as described in
Subsection 18.01 above, Lessee, at its option, may exercise anyone or
more of the following remedies which shall be cumulative:
A. Deliver to Lessor written notice of Lessee's intent to
terminate this Lease and vacate the Office Premises thirty (30) days
following deli very of such notice to Lessor as provided in Article
XXIX, Section 29.01 hereof. All rents and other fees due to Lessor
through date of termination and vacation shall be paid by Lessee. All
rents or other fees prepaid by Lessor beyond date of termination and
vacation shall be reimbursed to Lessee by Lessor without prejudice or
offset.
B. As agent for Lessor, Lessee may do whatever Lessor is obligated
to do under this Lease without being liable for any damages whatsoever
caused by Lessor's default, or any expense whatsoever as may be
required to remedy such default, and Lessor agrees to reimburse Lessee
immediately upon demand for any expenses Lessee may incur in thus
enforcing compliance with this Lease, including attorneys I fees, and
the amount thereof shall bear interest at the highest contract rate
permitted by Florida law until paid.
c. Proceed in law or in equity to enforce the terms, prov~s~ons
and covenants of this Lease, whereupon Lessor shall pay all expenses,
costs and fees, including attorneys' fees incurred by Lessee in this
enforcing compliance with the Lease should Lessee prevail.
ARTICLE XX - CASUALTY
20.01 If the Office Building on the site on which the Office
Premises is located are substantially damaged by fire or any other
cause, Lessor shall, within 30 days after the occurrence of such
damage, notify Lessee of Lessor election to repair or rebuild the
damaged buildings at Lessor I s expense or to terminate this and all
other leases whether or not the Office Premises are directly effected
by said damage. For the purpose of this Lease, "substantially damaged"
shall mean damaged to such an extent that the good faith estimated cost
Page 9 of 15
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I
I.
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I.
to repair 'or rebuild the damage exceeds one-quarter (25%) of the then
estimated cost of replacing all buildings on said site. If such
buildings are not substantially damaged as herein defined, it shall be
the duty of the Lessor to use its best efforts to sUbstantially
complete such repairs or rebuilding wi thin 180 days following receipt
of the insurance proceeds. Should Lessee determine the Office Premises
have suffered casualty damage to an extent as to require Lessee to
reduce or terminate its customary business services, not with-standing
the threshold definition of "substantially damaged" as heretofore
defined, Lessee shall have the option of terminating this Lease under
Article XX, subsection 20.01 (B) above.
20.02 Should Lessor, with the mutual consent of Lessee, which
will not be unreasonably upheld, proceed to repair or rebuild the
Office Premises, and fail to complete said repairing or rebuilding
within said 180 day period for reasons beyond its control, Lessee f 5
sole remedy shall be the option to terminate this Lease and all further
liability under its provisions provided that Lessee's notice of
election to terminate is given within 60 days following the expiration
of said 180-day period and further provided that Lessee totally vacates
the Office Premises 011 or before the expiration in the said GO-day
period. All obligations of Lessee covered by insurance proceeds as
specified in Section 23.05 under this Lease shall accrue through the
date of such vacation.
20.03 In the event Lessor is required or elects to repair or
rebuild under this Section, Lessor shall have unlimited access to the
Office Premises and all common areas in the Office Building for such
time, at such time, as may be reasonably required to efficiently and
expeditiously complete any such required, or non-required, repairs or
rebuilding.
20.04 In no event shall this Paragraph obligate the Lessor to
incur in effecting any such required repair or rebuilding, a cost
greater than the original cost of the building, including Lessor's cost
in completing all suites for lease within the buildings, or the amount
of such insurance coverage as may be provided with respect to the
damage, whichever is greater.
20.05 Notwi thstanding anything to the contrary, it is further
agreed with respect to this Section that Lessor shall carry, at the
expense of and for the benefit of the tenants of the Office Building,
rental interruption insurance and the proceeds, if any, of such
insurance received by Lessor shall satisfy the rental obligations of
Lessee. during the period that the Premises or any part thereof shall be
untenantable. It is agreed that any Lessee expense for premiums to
provide rental interruption insurance described herein is included in
the Base Rent. Lessee shall have no obligations during the period that
Lessee is not in occupancy of the Premises, except for the obligations
of Lessee that insurance proceeds, if any, covers.
20.06 Notwithstanding the foregoing, in the event the holder of
the first mortgage encumbrancing the buildings shall elect to use the
insurance proceeds payable as the result of a loss as set forth herein
to reduce the outstanding principal balance of said first mortgage,
Page 10 of 15
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despite Lessor's best efforts to persuade the first mortgage holder to
the contrary, then at Lessor I a election, Leasor may choose not to
rebuild. In such event, Lessee may terminate this Lease and this shall
be its sole remedy hereunder.
;
ARTICLE XXI - EMINENT DOMAIN
21.01 If all or any part of the property in which the Office
Premises are located shall be taken or appropriated by any public or
quasi-public authority under the power of eminent domain, subject to
the additional provisions of this Section, either party hereto shall
have the right, at its option, to terminate this Lease. In such event,
Lessor shall be entitled to any and all income, rent, award, or any
interest therein whatsoever which may be paid or made in connection
with such public or quasi-public use or purpose, and Lessee shall have
no claim against Lessor for the value of any unexpired term of this
Lease. If a part of the Office Premises shall be 50 taken or
appropriated and neither party hereto shall elect to terminate this
Lease, the rental thereafter to be paid shall be equitably reduced. If
any part of the building other than the Office Premises shall be so
taken or appropriated, Lessor shall be entitled to the entire award, as
above provided. Before either party may terminate this Lease by reason
of taking ,or appropriation as above provided, such taking or
appropriation shall be of such an extent and nature as to substantially
handicap, impede or impair Lessee's use of the Office Building, such
determination to be in Lessor's reasonable judgment.
21..02 This Section shall not prohibit Lessee from making its own
claim/in the condemnation proceedings for reimbursement or compensation
from the condemnor for moving expenses or other costs for leasehold
improvements owned by the Lessee (under paragraph 11.01) and the
installation thereof incurred by it due to said condemnation, or
personal property owned by Lessee and taken by reason of said
condemnation.
ARTICLE XXII - SALE BY LESSOR
22.01 In the event of a sale or conveyance by Lessor of the
Building ::ontaining the Office Premises, the same shall operate to
release Lessor from any further liability upon any of the covenants or
conditions, expressed or implied, herein contained in favor of Lessee,
and in such event Lessee agrees to look solely to the responsibility of
the successor in interest of Lessor in and to this Lease. This Lease
shall not be affected by any such sale, and Lessee agrees to attorn to
the purchaser or grantee unless such sale occurs prior to occupancy by
Lessee in which case Lessor shall remain liable to Lessee for the
performance of the Lessor's grantee until occupancy by the Lessee.
22.02 Notwithstanding anything to the contrary contained herein,
no sales or conveyance by Lessor as aforesaid shall release Lessor from
any future liability to Lessee hereunder unless and until this Lease is
assigned to and assumed by such grantee.
22.03 The term "Lessor" as used in this Lease, means only the
owner for the time being of the land and buildings comprising the
Page 11 of 15
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Office Building so that, in the event of a sale or the Office Building,
the Lessor shall be and is hereby entirely relieved of all covenants
and obligations of the Lessor hereunder. Lessor shall have the right
\-Ii thout the requirement of prior consent to sell or otherwise convey
all or a portion of the Office Building and assign this lease to such
grantee.
ARTICLE XXIII - GOVERNING LAW
23.01 This Lease shall be construed and enforced according to
the laws of the State of Florida. Any litigation concerning this lease
shall be maintained only in pinellas County, Florida.
ARTICLE XXIV - WAIVER
24.01 The waiver by the Lessor or the Lessee of any term,
covenant or condition herein contained shall not be deemed to be a
waiver of such term, covenant or condition or any subsequent breach of
the same or any other term, covenant or condition herein contained.
The subsequent acceptance of rent hereunder by Lessor shall not be
deemed to be a waiver of any preceding breach by Lessee of any term,
covenant or condition of this Lease, other than the failure of Lessee
to . pay the particular rental so accepted, regardless of Lessorts
knowledge of such preceding breach at the time of acceptance of such
rent.
ARTICLE XXV - NOTICES
25.01 All notices and demands which mayor are required to be
given by either party to the other hereunder shall be in writing and
sent certified mail or delivered by hand.
25.02 All such notices or demands by the Lessor to the Lessee
shall be addressed to or delivered to Attention: Lt. Jeff Kronschnabl,
Special Assistant to City Manager/Community Response Team, P. O. Box
4748, Clearwater, FL 34618-4748 or such other place as the Lessee
shall from time to time designate by notice in writing.
25.03 All notices, demands and sums due by the Lessee to the
Lessor shall be sent to the Lessor at 1689 Oak Place,' Clearwater, FL
34615, or to such other person or place as the Lessor from time to time
designates in a notice to the Lessee.
ARTICLE XXVI - SUBORDINA~ION AND MORTGAGE PROVISIONS
26.01 In the event any proceedings are brought for the
foreclosure of, or in the event of exercise of the power of sale under
any mortgage made by Lessor covering the Office Building, Lessee, at
the sole option of the purchaser upon any such foreclosure or sale
shall attorn and recognize such purchaser as the Lessor under this
Lease, and upon the purchaser's written notice of its election of
attornment, such attornment shall be automatic and self-executing.
Without limiting the generality of the foregoing, Lessee within ten
(10) days after request by the successor in title to the Office
Building shall execute an instrument in form and content acceptable to
Page 12 of 15
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such successor evidencing such attornment. This Lease shall be and
hereby is subject and subordinate to the lien of any mortgage and to
all renewals, modification, considerations and replacements thereof,'
and to all liens resulting from any other method of financing or
refinancing, now or hereafter in force against the land and/or
buildings of which the Office Premises are a part or against any
buildings hereafter placed upon the land of which the Office Premises
are a part, and to all advances made or hereafter to be made upon the
security thereof. Upon request of Lessor, Lessee will within ten (10)
days after such request, evidence the subordination pursuant to an
instrument acceptable in form and content to the Lessor. Provided
Lessee is not in default, Lessor's successor shall honor Lessee's
lease.
26.02 If the holder of any mortgage encumbering the Office
Building shall give notice to Lessee that it is the holder of said
mortgage and such notice included the address to which notices to such
mortgagee are to be sent, Lessee agrees to give to the said holder of
such mortgage notice simultaneously with any notice given to Lessor to
correct any default of Lessor and agrees that the said holder of such
mortgage shall have the right, within thirty (30) days after receipt of
said notice, to commence correction of such default and diligently
prosecute completion thereof before Lessee may take any action under
this Lease by reason of such default.
ARTICLE XXII - FORCE MAJEURE, FINANCING
:RELEASE AND EXCULPA~ION
27.01 Anything in this lease to the contrary notwithstanding,
Lessor shall not be deemed in default with respect to the performance
of any of. the terms, covenants, and conditions in this lease to be
performed by it if any failure of its performance shall be due to any
strike, lockout, civil commotion, war, warlike operation, invasion,
rebellion, hostilities, military or usurped power, sabotage,
governmental regulations or controls, inability to obtain any material
or service, Act of God, or any other cause whatever beyond the
reasonable control of Lessor, and the time for performance by Lessor
shall be extended by the period of delay resulting from or due to any
of said causes.
AR~ICLE XXVIII - REAL ESTATE AGENT
28.01 Any brokerage commission, leasing fees or other costs
payable to any licensed Real Estate Broker in connection with this
Lease are to .be paid by Lessor.
ARl'ICLE XXIX - AMENDMENT OF SITE PLAN; NO REPRESENTATIONS
29.01 Lessor reserves the right of any time, in its sole
discretion and without the approval of or prior notice to Lessee, to
amend without limitation the Site Plan. Such amendment rights include
the right, at Lessor's sole discretion and without the approval of or
prior notice to Lessee, to add or change building perimeters,
dri veways,. change the number and location of parking spaces; and to
make any other changes or additions it desires in and about 'the Office
Page 13 of 15
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Buildinq. Notwithstanding the foregoing or any other provision of this
Lease, Lessor will not reduce the number of parking spaces serving the
Office Building or Premises or impair access to and from the Premises
to be used in connection with the Premises without the consent of
Lessee, which shall not be unreasonably withheld; the foregoing shall
not create any liability of Lessor for any change mandated by
governmental authorities having jurisdiction or other circumstances
beyond Lessor's control.
ARTICLE XXX - DEFINED TBRMS & MARGINAL HEADLINES
30.01 The words "Lessor" and "Lessee" as used herein shall
include the plural as well as the singular. Words used in the
masculine gender include the feminine and neuter. If there be more
than one Lessee, the obligations hereunder imposed upon Lessee shall be
joint and several. The marginal headings and titles to the paragraphs
of this Lease are not a part of this Lease and shall have no effect
upon the construction or interpretation of any part hereof.
ARTICLE XXXI - PLATS & RIDERS
31.01 Clauses, plats and riders, if any, signed and initialed by
Lessor and Lessee and endorsed on or affixe~ to this Lease are a part
hereof.
ARTICLE XXXJ:I - TIME
32.01 Time is of the essence of this Lease and each and all of
its provisions.
ARTICLE XXXIII - SUCCESSORS & ASSIGNS
33.01 The covenants and conditions herein contained shall,
subject to. the provisions as to, assignments, apply to and bind the
heirs, successors, executors, administrators and assigns of the parties
hereto.
ARTICLE XXXIV - RECORDING
34.01 This Lease may not be recorded without the prior written
consent of. the Lessor, which may be evidenced solely by a separate
executed consent to recording. Upon request of Lessor, Lessee shall
enter into a ~short-form" or memorandum of this Lease. Said documents
shall be in recordable form and shall describe the parties, Office
Premises and term of this Lease and shall incorporate this Lease by
reference.
ARTICLE XXXV - MISCELLANEOUS
35.01 Lessor does not, in any way or for any purpose, become a
partner of Lessee in the conduct of its business, or otherwise, or
joint venturer or a member of. a joint enterprise with Lessee. If any
term, covenant or condition of this Lease shall, to any extent, be held
invalid, unenforceable or inapplicable to particular persons, the
remainder of this Lease, or the application of any term, covenant or
condi tion shall not be affected thereby. This lease sets forth all
covenants, promises, agreements, conditions and representations between
Lessor and Lessee cC?ncerning the Office Premises and there are no
Page 14 of 15
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covenants, promises,: agreements, conditions or representations, either
oral or written, between them other than are herein set forth. Except
as herein otherwise provided, no subsequent alteration, amendment,
change or addition to this Lease shall be binding upon Lessor or Lessee
unless reduced to writing and signed by them. This lease has been
negotiated between the parties and accordingly the parties agree that
neither of them shall be held more accountable for the drafting or
language of this lease.
35.02
Lessee.
There are no personal guarantees of the obligations of
IN WITNESS WHEREOF, Lessor and Lessee have executed thi3 Lease
effective as of the date first above written, each representing to the
other that they have full authority to execute same in the capa~ity
indicated.
In the presence of:
Countersigned:
Rita Garvey
Mayor-Commissioner
Approved as to form and
legal sufficiency:
-9~~
Assistant City Attorney
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ALBERT L. GUY
~,'/?;?~
LINDA M. GUY ~
"LESSEE"
CITY OF CLEARWATER, FLORIDA
By:
Elizabeth M. Deptul~
City Manager
Attest:
Cynthia E. Goudeau
City Clerk
Page 15 of 15
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PARCEL ID 10-29-1 s..4500IHl05-0090
BAS
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07/22/96
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I ~PN10-Ol CITY OF CLEARWATER ATTN.. ENG
PARCEL 10 10-29-15-45000-005-0090 PAZIP YRBLT/EFF FLRS TOT SQFT
1000 VINE AVE 34615 1945 1945 3,450
OWNER'S NAME AND ADDRESS V P W G BLDGS == IMPROVEMENT
ALBERT, L GUY 1 40 WAREHOUSE
LINDA M GUY LEGAL DESCRIPTION
1689 OAK PL JURGENtS ADD TO CLEARWATER
CLEARWATER, FL 34615-1351 BLK E, LOTS 9 AND 10
LOT SIZE ==> ISC COUNTY
, ,8,492 SQ FT 120 X 142
YEAR IMPROVEMENT LAND ASSESSMENT
1995 17,200 10,800 28,000
SALE DATE AMOUNT'SOOK/PAGE DT Q T SALE
JAN. 1994 10,000 8538 1719 U D
NOV. 19922,700 80B1 473 U 0
$/SQFT AVR
2.89 0.35
== HEAT SQFT
3,450
PBOOK/PG
4 17
CENSUS
262.00
NBHD
007
AS/FT YEAR TAXES PO D TX/FT
8.11 1995 645.02 Y N 0.18
DATE AMOUNT BOOK/PAGE DT Q T
MKT YR BLDG LAND,
95, 17,200 10,800
,i,' MORTGAGE COMPANY
TOT VALUE ====~ LAND / PROPERTY USE ==~== HOMESTD LP
28,000 41 320 SING;E BUILDING STORE 0 N
AMOUNT DATE MTG TYPE RATE NUMBER
',; SELLER I S NAME GEN REVIEW DATE BLOG REVIEW DATE
", GODWIN ARTHONIA ,26~MAY-94 24-FEB-95
"-::' ENTER=FWD Fl=DOCS F2=BLDG F4='rAX F5=LGL F7=DIM F8=XFEAT F13=SKTCH F6=COMP MENU
",' PNIO' RECENT DEED PRESENT - F1=VIEW ISC
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Agenda Cover Memorandum
d- '(llem #: F(j;;:1~~~~1
Meeting Date: ;<;f. f1'.fl/~)
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SUBJECT:
Purchase of property, casualty, liability, workers' compensation, and flood insurance coverage for
Fiscal Year 96/97.
RECOMMENDATION/MOTION:
Approve the purchase of property. casualty, liability, workers compensation1 and flood insurance
coverage in an amount not to exceed $ 9001000 for Fiscal Year 96/97,
,
IBJ and that the appropriate officials be authorized to execute same.
BACKGROUND:
The Risk Management Division of the Finance Department purchases insurance coverage for the City in
the areas indicated below. The City Administration, through its Risk Management Division, recommends
that the Ci~y purchase insurance coverage for FY 96/97 as proposed below:
Reviewed by: q ~ OrIginating Department: Costs: Commission Action:
Legal ~ Finance/Risk Management $8-49.773 o Approved
Budget ,.v> '-'n1..& Total o Approved w/Condltlons
PurchasIng -), ~ User Department: S9"9,773 o Denied
Risk Mgmt .'-' Current Fiscal Year o Continued to:
IS- 'A Funding Source:
ACM '1efZ- o Clpltal
Improvement
other Advertised: 0
Operating:
Date: 0 other: CIF Attachments:
.rm Paper: .
Submitted by: ...... D Not Required Appropriation Code
Cllytl~ Affected parUes: 590~7000..s.c5100.490..oDO
o Notlned o None
o Not Required
Insured Risk
Current
Insurer
95/96
Premium
~
EXCESS PROPERTY (al
(Layer 1) (10 million) Renewal
Westchester Fire
$149,599
$208,224
$30,038
(Layer 2) (10 million) Renewal
(Layer 3) (20 million) Renewal
(Layer 4) (30 million) New
Royal Surplus (b)
Hartford Fire ( c)
USF&G (d)
SUBTOTAL
$367,861
$ 5,965
$ 6,549
$ 11,350
$ 8,757
Crime & Dishonesty
Boiler & Machinery
Marina Operators
Underground Fuel Tank
Liability
Renewal
Renewal
Renewal
Hartford
Kemper
Hartford
Renewal
Corom. & Ind.
TOTAL PREMIUMS FOR COVERAGE SHOWN ABOVE
8420.482
o Printed on recycled paper
96/97
Renewal
Premium
$190,000
$150,000
$ 37,500
$ 50,000
$427,500
$ 5,660
$ 5,894
$ 11,350
$ 8,495
$458.899
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Insured Risks ~ Insurer Coverage Deductible Current Renewal
Excess Auto Renewal Ranger $5,000,000 $500,000
Excess General
Liability Renewal tt $5,000,000 $500,000
Excess Workers
Compensation Renewal It statutory $500,000
'Excess Police
Professional Renewal tt $5,000,000 $500,000'
Excess Public
Officials Renewal It $5,000,000 $500,000
TOTAL PREMIUM FOR RANGER INSURANCE PACKAGE $366.494 $366.494
GRAND TOTAL ESTlMA'I'ED FOR ALL COVERAGE $818.525 $849.773
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The City.s Risk Management staff has reviewed the coverages, rates, and
provision of the insurance policies shown above and recommends the City
purchase the insurance coverage as shown above. All property risks are
covered at levels and rate a which, when taken together as a whole,
represent a reasonable and conservative insurance program for the City.
The recommended purchases are for one year periods beginning 10/01/96 and
ending 09/30/97, except for flood insurance premiums which cover a specific
policy period as shown in each policy. The premiums generally represent
renewals of existing coverage. These renewals and rates are contingent,
however, upon no adverse event or weather occurring between now and the
time of purchase of the coverage. The difference between the sum requested
for insurance coverage of $900,000 and the expected expenditure of $849,773
is to allow for some changes during the fiscal year in insurance
expenditures. These changes most often arise as a result of acquisition of
additional City property or the construction of new facilities such as
adding the new police building when it is completed.
Funding for the purchase of this insurance has been provided for in the
Central Insurance Fund budget for FY 96/97. The budgeted sum available for
the payment of insurance premiums and for the payment of claims is $
3,727,580.
During the last policy period (95/96), there were policy additions and
changes to the excess property coverage that caused increases in pro-rata
premiums of approximately $20,000 that increased the annual premium to
$441,214. The total insured value of City property went from $168,803,770
at policy inception to $193,895,686 at policy expiration. This overall
increase in property values was the result of City property acquisitions
and the construction of new facilities.
a) Last year the excess property coverage consisted of 3 layers and 8
companies insuring those layers for a total premium of $387,861. This
year excess property coverage consists of 4 layers and 4 companies
insuring those layers for a total premium of $427,500.
b) Layer 2 last year consisted of Royal Surplus and three other companies
including Hartford Fire, Fireman's Fund, and Mt.Airy.
c) Layer 3 last year consisted of Fireman's Fund and Zurich/Travelers.
d) This is a new Layer added this year, but no additional insurance
coverage has been added. The total amount of excess property insurance
last year and this year is 70 million. The layers last year were 10
million, 40 million, and 20 million. This year the layers are 10
million, 10 million, 20 million, and 30 million.
e) This reduction in premium is being achieved by changing insurance
companies.
(3)
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CITY OF CLEARWATER
RISK MANAGEMENT DIVISION
PROPERTY AND CASUALTY, LIABILITY,
WORKERS' COMPENSATION, FLOOD AND
FLORIDA PETROLEUM LIABILITY INSURANCE PROGRAMS
09/16/96
SUMMARY
1.
Introduction
!
, This Summary covers various types of insurance purchased and
'"administered under the supervision of the City's Risk Management
Division. This insurance includes the following types of insurance
coverage: excess property, excess liability, excess crime, excess
workersr 'compensation, boiler & machinery, flood, marina operators
legal liability, and FPLIPA (Florida Petroleum Liability Insurance
Program Administrators) .
,j
The overall ihsurance program under the supervision of the Risk
Management Division is the subject of one agenda item on the City
Commission's Agenda for the week of September 16/19, 1996. That
agenda item has been numbered agenda item .
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2. ~orting Data For Insurance Program
Data supporting the proposed insurance program is attached for
Commission Review and appropriate action.
Excess liability and excess workers' compensation insurance
coverage is contained in one insurance policy issued by Ranger
Insurance Company through Acardia of Central Florida. The balance of
the insurance coverage is provided by several different insurance
companies through A.J. Gallagher & Company - Tampa Bay.
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ARTHUR J. GALLAGHER & CO. - TAMPA BAY
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MANAGEMENT PROGRAM
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RENEWAL PROPOSAL
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-term-
October It 1996 to October It 1997
Prepared by
BllJbara A. FIytUl. Account Executive
Stephanie P. Hayst Senior Account Associate
September, 1996
.1."
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, THIS PROPOSAL IS ISSUED AS A MAlTER OF INFORMATION ONLY AND
DOES NOT AMEND, EXTEND, OR ALTER THE COVERAGE
PROVIDED BY THE ACTUAl INSURANCE POLICIES
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P. O. BOlt 6020 ,Clearwater, Florida 34611.6020 · Phone (813) 797-4190 or 1.800-869.8401. Flnimile (81 J) 791.1613
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CITY OF CLEARWATER
, SUMMARY OF PROPERTY VALUES
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CATEGORY' 1995-96 VALUE
Buildings $ 159,359,756
Contents $ 16,367,286
Mobile & Miscellaneous Equipment $ 7,447,342
Artwork in Care, Custody or Control $ 50,000
BDP Equipment $ 5,844,602
Extra Expense $ 150,000
Vehicles & Watercraft S 4,676,700
. " "
TOTAL VALUES ' , ' , $ 193,895,686
"
COVERAOES SUBJEcT TO ST ANDAJU) POLICY TERMS. CONDmONS AND EXCLUSIONS
atrOl CUAIIWA JP
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COMPANY
TERM
LIMITS OF COVERAGE
DEDUCTIBLE
COVERED PERSONS
EXCLUSIONS
(NOT INCLUSIVE)
EXTENSIONS OF
COVERAGE
CONDITIONS
ANNUAL PREMIUM
CITY OF CLEARWATER
CRIME COVERAGES
Hartford Insurance Company o/the Southeast
October I, 1995 to October I, 1996
Employee Dishonesty, Per Loss S 250,000
...,..._.........__'u_~....._....._.........~~...~................... ................... ................... ..... ~.. ..................... .... .............. ........
Forgery or Alteration $ 500,000
.....~~......+......_........_+.....w ..........................~+........................... ............... ..... ......~ ........................... .................
Theft of Money & Securities, Inside S 50,000
.........~.._._........._...........+.+......................................................................-. ...........~.."'..............................+++........
Theft of Money & Securities;Outside S 50,000
55.000 Each Loss
.. Employees and volunteers (other than fund solicitors)
.. Directors or Trustees while performing acts usual to the duties
of an employee
.. Elected and appointed officials and members of aU governing
bodies acting within the scope of their duties '
.. Inventory shortages
.. Accounting or aritlunetic errors
.. ERISA Plans
.. Faithful Performance of Duty
.. Coverage is excess for any persons required to be individually
bonded
.. 90 Day Notice of Cancellation
.. Losses must be reported no later than 30 days after discovery
$5,660
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CoVERAGES SUBItt1' 'TO STANDARD POliCY TERMS, CONDmONS AND EXCLUSIONS
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CllY OF CLEARWATER
BOILER & MACHINERY
\','
CoMPANY American Manufacturers Mutual Insurance Co. (Kemper)
TERM October I, 1996 to October 1, 1997
LIMIT OF COVERAGE $10,000,000 Any One Accident
FORM Comprehensive coverage, including production machines.
DEDUCTIBLE $10,000 Per Accident
SuaUMlTS Hazardous Substance - $2,000,000
ExCLUDED PROPERTY Any Bridge
ExCLUSIONS . Expediting Expenses
(NoT INCLUSIVE) .. Ammonia Contamination
.. Water Damage
.. Loss of Use or Extra Expense
.. Earthquake
TERMs/CONDITIONS .. Newly acquired machinery covered, to be reported to company
within 180 days.
.. Ninety days notice for cancellation.
.. HIn use or connected ready for use" requirement waived.
.. Join Loss Agreement with property company.
ANNuAL PREMIUM $5,894
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COVERAGES SmUECTTO STANDAJlD POLICY TERMs, CONOITlONS AND EXCLUSIONS
-
CITY OF CLEARWATER
ll.
MARINA OPERATORS LEGAL LIABILITY
COMPANY ITTRlartford Insurance Company
TERM October 1, 1996 to October 1, 1997
LIMIT OF COVERAGE $2,000,000 Any One Accident, including Defense costs
DEDUCTIBLE $10,000 Each Accident
COVERAGE Loss to vessels not owned by insured for which insured is legally
liable as the operator of a marina.
COVERED OPERA nONS . Mooring at slips, spaces, buoys or anchorages, rented to others
by insured.
.. Hauling out or launching.
. Fueling and miscellaneous servicing of a transient nature.
COVERED locATIONS . 2S Causeway Blvd.
. Island Estates/Clearwater Marine Science Center
EXCLUSIONS , .. Loss due to a dishonest act by an employee.
.. Loss of use, loss oftime or loss of freight.
.. Bodily injury to any person.
.. Loss to any property owned by the insured.
. War, nuclear incidents, riots, strikes or civil commotions.
.. Pollution absolutely.
ANNUAL PREMIUM $) 1,350.00
I.
an 01 CUAIII\IATDt
~. A..A~_,."",..,
dooaM 10'''''.10/11"
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COVERACiES SUBJECT 1'0 Sr ANDAllD POLICY TEllMS, CONDmONS AND EXCLUSIONS
,,~WAl'III.lMPAL"
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CITY OF CLEARWATER
FLOOD
,
COMPANY Bankers Insurance Company
TERM Various
. LIMIT OF COVERAGE Various - Maximum $500,000 Building or Contents
DEDUCTIBLE $5,000 Each Accident
COVERAGE First dollar flood coverage for selected properties to comply with
the Robert T. Stafford Disaster Relief and Emergency Assistance
Act. Participation is required by the Act to qualify for full
FEMA assistance.
ANNUAL PREMIUM $24,114 - Estimated
c
COVERAGES SUBJECT 1'0 STANDARD Poucy TERMS. CONDmONS AND EXCLUSIONS
-
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arT 01 c:u:AA WA YIlI
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CITY OF CLEARWATER
FLORIDA STORAGE TANK
THIRD PARTY LIABILITY AND
CORRECTIVE ACTION POLICY
COMPANY Zurich American
TERM May 20, 1996 to May 20, 1997
LIMIT OF COVERAGE 51,000,000 Each Incident
$2,000,000 Aggregate
DEDUCTIBLE Third Party Liability - $500/$5,000
Corrective Action - $300,000/$5.000
COVERAGE .. Third Party Liability - Bodily Injury or Property Damage to
third parties from an accidental release from a petroleum
storage tank resulting in a pollution condition.
.. Corrective Action - Excess coverage for storage tank. owners to
restore land/property from an accidental leak in connection
with the Florida Inland Protection Trost Fund as part of the
Restoration Insurance Program of the Florida Petroleum
Liability and Restoration Insurance Program. The $300,000
deductible is funded by the State for qualified restorations.
ANNUAL PREMIUM S8,495
I,
arr 01 t'tLUWATU
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lKtdht IO/I,M,IO/I/,,
1I''WrWllI~W''TWlIrWAL.
_11,,..10
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COVERAOES SUbmct TO SrANDAJtD POLICY nJlMS, CONDmONS AND EXCLUSIONS
I"'~"\<' ,,'.iool..~........,~~,._.I. "''''Ft~'L
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CITY OF CLEARWATER
PRODUCT DESCRIPTIONS
II> Excess Property - Premium $427,500; Florida Surcharge Applicable
Provides property coverage to a limit of $70,000,000 with a $250,000 Self Insured
Retention (deductible) for City property (buildings, contents, equipment, vehicles,
etc. )
II> Excess Crime - Premium $5,660
Covers Employee Dishonesty for $250,000, forgery by non-employees for
$250,000, theft on and off the premises for $50,000 and computer fraud for
$100,000. All coverages are subject to a $5,000 deductible.
II> Boiler & Machinery - Premium $5,894
Covers sudden and accidental occurrences to a $10,000,000 limit with a $10,000
deductible to specified pressure vessels and/or machinery (e.g., water heaters, air
compressors and boilers).
II> Flood (FEMA Required) . Premium $24,114 Estimated
Provides federal flood coverage for certain properties that would otherwise not
qualify for full governmental disaster assistance in case of flood damage, unless
maximum coverage is purchased through the National Flood Insurance Program
. (maximum coverage per location is $500,000 per Building and $500,000 per
Contents). .
... Marina Operators Legal Liability - Premium $11,350
Covers liability to a limit of $2,000,000 arising from operations of city marinas
subject to a $10,000 deductible.
CoVEkAOE.$ SUBJE.CT TO Sr ANDAAD POLICY TERMS. CoNDrnONS AND EXC1.USIONS
art 01 CUAAwAm
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I. INSURANCE
PO lox %107. H04IIUIn. TUb nau-D07
C7U)..4ot,oo
. PUBLIC ENnTY EXceSS LIABILITY PROGRAM
Conf,"!,aUon d InstJran~ Quote
INSURED: C;~~bH'. florida, etal
In 'IOOOf'd1nco with &he undtndIng WormaUon lh.t has been provtdad to us, we ant pfe8Sed to quote promium.
te~ Ind condi'U~ on !hili acx:ount. as follows:
,
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1,,~b'r~~~=sw:~.1he
JSOO.OOO Each OeaJrrence
()c(ober 1. 1 ~ - October 1. 1997
sass.494
POLICY UMIT OF UABJUTY:
SELF.INSURED RETENTION:
PROPOSED JDOLICY TeRM:
PREMIUM:
PCUCY ENDORseMENTS:
COMMENTS:
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quotIt wa. IAued on Au9ust~ 1111.1- valid until Octo r q1. 1996. We appreciate tho
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Item #28
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Clearwater City Commission
Agenda Covar Memorandum
Item #:
.~
9. ICf.9~
Meeling Dale:
SUBJECT:
MENTAL HEALTH/SUBSTANCE ABUSE COVERAGE
RECOMMENDA liON/MOTION:
Extend the contract with Professional Psychological Services (PPS) Clearwater, Florida, for mental
health/substance abuse coverage at an estimated cost of $167,428.80 for the contract period of 1-1-97
through 12w31w97, in accordance with section 2.564 (1) (e) The Code of Ordinances (impractical to bid)
and F.S. 1991, Chapter 287 (f) (10.), prevention services related to mental health, including drug abuse
prevention programs, etc., are not subject to competitive sealed bid requirements
IBl and that the appropriate officlals be authorizcd 10 cxecute same.
BACKGROUND:
Beginning with the contract year 1-1-93 through 12-31-93, the City of Clearwater separated (carved out) the
mental health/substance abuse coverage from the health insurance coverage. The City of Clearwater
contracted with PPS' (the City's long-term Employee Assistance Program (EA?) provider) for mental
health/substance abuse coverage with benefits exceeding those provided by the health insurance provider.
In 1995, PPS agreed to a 4% annual increase from January 1, 1996 through December 31, 1998. The renewal
rate for 1997 is $9.06 per employee per month. The City of Clearwater budgeted $2,310.00 per permanent
. full-time employee for health insurance for 1997 of which $108.72 will be applied to mental health/substance
abuse coverage.
The City's relationship with PPS has evolved positively in ten years from a 3-visit Employee Assistance
Program to an integrated program of comprehensive mental health and substance abuse services. The
performance of PPS has been more than satisfactory in providing the City of Clearwater with an integrated
product (employee assistance program and mental health/substance abuse coverage).
The Insurance Committee, at their May 26, 1996, meeting unanimously agreed to recommend to renew the
City's contract with PPS. The fiscal year 1996/97 employee insurance budget code includes sufficient funding
for this contract and funding will be requested in the 1997/98 employee insurance budget code.
Reviewed by:
Lepl
Budget
Purchasing
Risk Mgmt.
IS
ACM
Other
osts:
Estimated
$167,428.80
Total
.{)-
Current Fiscal Year
Commission Action:
o Approved
o Approved w/Condillons
o Denied
o ContInued to:
User Departme
varia
X None
Submitted by:
~
Advertised:
Date:
Paper:
X Not Required
Affected Parties:
o Notlfled
o Not Required
Funding Source:
o C~plt~llmprQvrmrnh
X Oprr~tlnlll
o Other!
Attachments:
Appropriation Code
5 90.{)7000-54560 1-5 90.{)OO
o Printed on recycled pap~r
~
~
30
Item tt
Meetlno Date:
Clearwater City Commission
Agenda Cover Memorandum
f\I\ ~ ~
q .1<1 .Cj.G
SUBJBCTI
u.s. Coast Guard Lease for Marina Building Room 26
RBCOHKBNDATION/HOTIOR:
Approve the U.S. Government Lease for Real Property No. DTCG82-97-L-75004 for
marina building room 26 for the U. S. Coast Guard, for a five (5) year period,
with annual renewals through September 30, 2001, for the total sum of $11,400,
. 8nd th.t tho .ppr~rfato offf~fal. be authorfzod to execute same.
StJllHARYI
· On November 5, 1991, the City of Clearwater entered into a u.s. Government
Lease for Real Property with the u.s. Coast Guard for the rental of marina
building room 26. The room is located on the second floor of the marina
building and used as a dockside office and storage space for the Point Jackson.
* Under the old lease, the U. S. Coast Guard was paying the city $125.00 per
month. The actual square footage of room 26, as measured by Measure Masters,
is 207.
. The u.s. Coast Guard was advised of the actual square footage of the room
and of the new rental rate of $11.00 per square foot or $2,280.00 per year.
* Under the terms of this new five (5) year lease, starting october 1, 1996,
the U. S. Government will pay $190 per month.
. Paragraph 3g of the new lease has an annual Consumer Price Index (CPI)
increase. The CPI increase is equal to any percentage increase during the
previous twelve (12) months for all Urban Consumers South.
* The new lease, at the option of the Government, can be renewed on an annual
basis. The rental payment can be reviewed for an increase on the annual
renewal.
* staff recommends the approval of the five (5) year U. S. Government Lease
for Real Property to the U. S. Coast Guard.
Iwl'" by:
legal
eudgot
Purehaafng
Rfak "SPit.
CIS
ACH
Other
eo.f..ton Actlcn:
[] Approved
C Approved w/eondltlons
C Dent ed
[] Continued to:
Orf8fl1ltfn; Dept: W
Marhle
Coet.: $ nle
Total
~
MIA
~
:j$.et( ~
H/A
S "Ie
CUrrent FIscal Yr.
Uaer Dept:
MQrtne
Flnilnu Sotree:
[] Capital Iftl).
C Operat I ng
C Other
Att~t.:
1. Letter from U. S. Coost
Guard.
2. U.s. Government lease for
Roal Property.
Advertf MId:
Date:
Peper:
. Not RequIred
Affected Parties
B NotUfed.
C Not RequIred
C None
Afpnlprfation ~:
Cf
o Prtnted on recycled paper
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U.S. GOVERNMENT LEASE FOR REAL PROPERTY
(Short Form)
PART 1- SOllCITATIONltlESCRIPTIOH OF REQUIREMENTS (To b. compl.ttcS bV Gov.rnmenl)
A. REOUIREMENTS
,. l.EASE MMBEI\
82-97'L'750004
The Government of the United Stntes of America is seeklne to lense Dppro:dmntely 140 rentabJe squnre reet
of OFFICE spnee loented in CLEARWATER. FL for occupnney not Inter limn 10/0 1 11 996(dnte). RentAble
spAce "'U5t yield 140 occupiable squnre feet for use by Tennnt for personnel. rurnlshtne, and equlpmenL
INITIAL OFFERS ARE DUE ON OR BEFORE CLOSE OF BUSINESS 0
B. STANDARD CONDITIONS AND REQUIREMENTS
The following stMdard conditions and roqulren\Onts shall apply to any premlsls offerod fCllleaso 10 the UNITED STATES OF AMERICA (horernat\Df
called tho GOVERNMENl):
I Arst class offlCO space Is required. SpRce onerod must be In a quality building of sound and subslanllal ocnstructlon, oilher a now, mOdolO buildIng or one
! ' thai has undergone fusl class restoration or ll.lhabl1italon fCll the Inlondod use, .
The LesBor shan provide a valid Occupancy Permit for the Inlendod use of tho Government and shall operate tho building In conrormance with local
and ordinance.. .
lba Building and tho Ioased spaco shall be accesslblo to the handicapped In accordance wIth the Uniform Fodoral Ateessibllity Standards (41 CFR 101-
19.8, App. A).
Tneleased space shall be froo of all asbestos conta1nll1O' materials, excopt undamaged vinyl asbQstos Roor UIo In the space or undamaged bOlIOr or pIpe
insulation outside the space, In which case an asbestos opsratlons and malnlenance program conforming to Environmental Prolectlon Aoency
.shall be Implemented.
SelVlcat, utilities, Md maintenance wlll bo provided dal~, extendIng from 7 : 00 am. to 5 : 00 p.m. except Saturday, SundBy, and Fedora!
holidays. The Government shall have accoss to tho leased space at a!I Urnes, Including the use of oloctrJcaI servlcos, toilets, lights, elovatQfS, and
Government office maChines without additional payment
The Lessor sM. complote any necessary alterations within
o
dayS attar receipt of approved layout drawings.
2. SERVICES NCJ VnJTIES lTo ~ ~td l1t L_ N patt of IWlQ
0 tEAT 0 TRASH 0 ELEVATOR 0 fllTW.l REPlACEMENT 0 OllER
0 ELECTRICITY 0 CHIU.l;O ORN<JNQ WATER 0 Yo1tcON W.t.SI11NG lAMPS. ruses a. B.l.I..1ASTS (SPKJI't a..bo1
0 POWER tSl*'II E~~ 0 AIR CONOITlONN) F1~ 0 P~TWQ
0 WATER ~ l CQId) 0 TOIlET SUPPLIES 0 CARPET Cl..ENiflG &p.ca
0 SNOW REMOVAL 0 ,J,A,NITORlAL SERV. l SUPP. FrlQUlflCY I'Iilic Ai...
~ cmER AEOUIREMENTfI
SEE CONTINUATION SHEET ON PAGE 3.
CAUTION: All offefllrt lubJect to the term. and condlUon. oulllned abov., and .luwh"l In thl. tollcllatlon,lncludlng tho Governmenl'.
a.ner.' Claus.. and Repr..entaUon. and Certification..
.. ISASIS OF AWI<PO
o 'TliE ACCEPTABlE OFFER WIlli Tl-E l.O'M:ST PER OCOJPWllE SOUAAE FOOT PRICE.
IE a'fER MOST N:NINfI\GEOJS TO floE GOY'ERNJoEHT, WITH P1\1CE IlENa 0 EOJAL TO !XI LESS II.lPORTNH TtW4 lliE FO\J.OWING EVALLIATION FACTORS
Mltd in ~-rdn\l OflSM,llrh.. .uoIe<:t ol/IoInrIIM/:
SITE REQUIRED FOR THE OPERATIONAL NEEDS OF THE COAST GUARD.
GENERAL SERVICES ADMINISTRATION GSAFClIm 3626 (Rov. 6-94)
P"ll' , all Pl...::rbtd b)' APD Zeal.'u.
71107-N1
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PART 11- OFFER (To b. cornplet.d by Olflror/Owno.)
I\. LOCATION AND DESCRIPTION Or PREMISES OFFERED FOR LEASE BY GOVERNMENT
..' NMlE ND.aDOn[SS Of: tlUIlDlNG rlncA.o;t. lIP CodfJ
City of Clarwater Marina Building
25 Causeway Blvd.
Clearwater, Florida
a. Fl.OOA(S1
2nd floor location
.. ~T()N(SIIN BUlDIHQ
b. ROOM NlNeER(SI
1
Co RENl,l,SlE 50. FT.
140
do TYPE
Gl GENEfVL OfFICE
o WAAEHQUSE
o OllER (SpeU;1
To have and to hold, for the term commencing on
B. TERM
1 October 1996
and conllnulng through
30 September 1997
1 October 1996
Inclusive. The Government may term [nsto this loase at any time on or arler
, by glvlng at least
30
days nolleo In wrlUog to the lessor. No tenlal shall accrue anollhe
etrectlvo dalo of lerm ["allan. Said nmlce shaU be compuled commenclno with the day aftollhe dale 01 mal1in~
C.RENTAL
RenUhall be payable In arrears and will be duo on the first workday of each moolh. When lhe dllle for commeocoment orthelease falls lifter the 15th day
0( the month, thelnltlaf ronlal payment shall bel due on tho first won:day 01 tho sacond month tollowlnQ tho commDn~m90t dale. Rent fot a porlod of loss
than a month shall be pi'oralod.
7. N.tO..Itlr CF ~I,W. RENT
II. WJ<E CHECl<S PAVNXE. TO eN- MIl lIdihu}
City of Clearwater
Harbormaster
P.O. Box 4748
Clearwater, FL 34618-4748
'ClL NAME NlO AOOAESS OF ()\I,1ER (fl'dlde liP Code. It N9U..I<<I by 1M Gr.e._' vid 1M _ i, . ~fJhip Of 1M1 t.1lbn.1It 11II CHnet,J PMlMn. Ulir.g. upw.J. Ih.... (/
(. -.wyJ
$2,280.00
.. PATE l'ER MONTH
$190.00
1CD. TaEl'ttI:JtoE tllJIo,IBER OF OWNER
11. TYPE OF INTEREST IN PROPERTY OF PERSOt-l SIGNING
.f 0 ~R 0 AUTHORIZED NJENr
13. T111..E OF PERSOO SIOHWQ
t'
DOTtER (Spwit)
11. NAME OF OMEFI OR ALm10RIZED AGENT
14. StG'lAl\JRE OF OWNER OR NJ'Il1ORIZa) AGENT
15. OA T'E
11. OFfER AaMf./S OPEN I.tI11L ":JO P.M.
~ y ~
PART 1Il- AWARD (To be compleled by Government)
Your offer Is hereby accepted. ThIS award consumales lho lease which consists of the followIng documen~ [a) this G SA Form 3626,
(b) Aepresenlal\ons and Certificallons, (c) the Government's General Clauses, and (d) the following changes or additions made or agreed 10 by )'ou:
nlls DOCUMENT IS NOT BINDING ON ntE GOVERNMENT OF ntE UNITED STATES OF AMERICA UNLESS SIGNED BELOW BY
'. AUTHORIZED CONTRACTING OFFICER.
nL NN.'IE ~IM{'TiNc. OfI".CCI\-(T,pe 01 ~
1712. SIClN,l.l\JRE or ee'Jl'FWmuG. ornGER
He. MTE
71107-N1
GSA Form 3S26jRov. 6-9-4)
PlMailed lit A1'O 2elXl.1U.
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3. OTHER REQUIREMENTS
8. Subject to the availability of funds, this lease may at the
option of the Government be renewed annually through September
30, 2001. Lessor acknowledges and agrees that Lessee's payment
obligations hereunder are contingent upon the availability of
appropriated funds form which payment for the Lease purposes can
be made. No legal liability on the part of the Lessee shall
arise under this Lease Agreement for payment of any fees, costs
or expenses due hereunder unless and until such funds are
appropriated for and made available to Lessee.
b. Lessee, in the manner and to the extent provided by the
Federal Tort Claims Act, as amended (28 U.S.C. Sections 2671-
2680), shall be liable for, and shall hold Lessor harmless from
all claims, demands, damages, losses, costs and expenses,
including but not limited to fire damage, loss of property,
personal injury or death caused by the acts or omissions of
Lessee, its officers, invitees, employees and agents in any way
related to the land.
c. If any changes relating to the sale of the land, or name and
address to the Lessor are made, Lessor shall notify Lessee in
writing at the following address:
Commanding Officer
u.s. Coast Guard
Civil Engineering Unit Miami
15609 S.W. ll7th Ave. Suite A
Miami, FL 33177
d. Lessee shall surrender tha leased space at the end of the
term of this Lease and any extension thereof in substantially the
same condition as existed at the date of execution, normal wear
and tear excepted.
e. Lessee shall ensure that all of its activities involving the
Lessor's property are in compliance with all existing, and any
future, applicable environmental, historical, and cultural
protection statutes and regulations, including, but not ~imited
~: the Federal Water Pollution Control Act (aka the Clean Water
Act), 33 u.s.c. ~~ 1251 ~t seq.: the Safe Drinking Water Act, 42
u.s.c ~~ 300f at esq.; the Clean Air Act, 42 u.s.c ~~7401 ~
sag.; the Resource Conservation and Recovery Act, 42 U.S.C ~~6901
et s~q.; the Toxic Substances Control Act, 15 U.S.C ~~2601 ~
seq.; the Coastal Zone Management Act, 16 U.S.C ~~ 1451 et seg.;
the Federal Insecticide, Fungicide, and Rodenticide Act 7 U.S.C
~~ 136 ~~seq.; National Historic Preservation Act, 16 U.S.C.
~~470 at seg.; and the Endangered Species Act, 16 U.S.C ~~153l ~
seg.; as well as any applicable state or local laws or
regulations.
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f. The Minimum 'Base Rental shall be increased annually by the
amount of any increase during the previous twelve (12) months 1n
the average monthly cost of services paid or payable by Lessor,
whether by reason of increases in rates or by increase in service
or consumption. Said cost of services includes cost of all
'services not paid by the Lessee for such items as electricity,
water, sewer and gas. Lessee shall be notified in writing ninety
(90) days prior to any yearly renewal date of such increase
request. Verifying information shall accompany request.
g. The Monthly Base Rental shall be increased annually by an
amount equal to any percentage increase during the previous
twelve (12) months in the Consumer Price Index for All Urban
Consumers South. Lessor agrees to provide, in writing, the
amount of the increase requested within ninety (90) days of the
annual renewal date. Verifying information shall accompany
request.
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h. Lessor shall have the right to terminate this lease giving
Lessee a sixty (60) day written notice of intent. Notice' shall
be sent certified mail to the address shown in paragraph c.
As required by COMDTINST Ml1011.B, Real Property Management
Manual, and in support of this lease action, the following
determinations are offered:
LEASE NO. DTCG82-96-L-8SR015
SUITABLE GOVERNMENT PROPERTY AVAILABLE - NO
TYPE OF PROPERTY TO BE LEASED - IMPROVED
ACCOUNTING DATA CHARGEABLE: 2/8/701/107/30/0/50/71815/2329
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The undersigned employee of the Government hereby attests that
said employee has the authority to enter into this Lease on
behalf of the United States Government, acting by that through
the United States Coast Guard. The undersigned has no interest,
direct or indirect in the property contained in this Lease. The
undersigned executes this Lease in compliance with all known
statutes, regulations, Executive Orders, management and budget
circulars, Commandant Instructions and Department of
Transportation policies.
This lease supercedes Lease No. DTCGB4-92-L-784100
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GENERAL CLAUSES (Sh~rt Fonn)
(Simplified Acquisition of Leasehold Interests in Real Property for Leases Up to $100.000 Annual Renl)
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1, The Government reserves the right, at any time after the lease is signed and during the term or the
loase. to inspect the leased premises and all other areas of the building to which access is necessary
to ensure a safe and healthy \YOrk .environment for the Government tenants and the Lessor's
performance under this lease. - .:. :::.::......--.:-- -'. --. :.=.=-. . - ~.~.:~ ._-
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If the building is partially or totally destroyed or damaged by fir~or other casualty so that the leased
space is untenantable as determIned by the Government. the uovemment may terminate the lease
upon 15 calendar days written notice to the Lessor and no further rental will be due.
3. The Lessor shall maintain the demised premises, including the building and all equipment. fixtures.
and appurtenances furnished by the Lessor under this lease. in good repair and tenantable condition.
4. In the event the Lessor fails to perform any service, to provide any item. or meet any requirement of
this lease.. the Government may perform the service. provide the item. or meet the requirement.
either directly or through a contract. The Government may deduct any costs incurred for the service
or item. Including administrative costs, from the rental payme'lts.
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2.
5. 52.252-2 CLAUSES INCORPORATED BY REFERENCE (JUN 1988)
This contract incorporates one or more clauses by reference with the same rorce and effect as if they
were given in fun text. Upon request the Contracting Officer will make their full text available.
6. The following dauses and provisions are incorporated by reference:
GSAR 552-203--5
FAR 52-203-9
GSAR 552-203-73
FAR 52.209-6
. FAR 52.219--9
FAR 52.219--16
FAR 52.222-24
FAR 52.222-28
FAR 52.222-35
FAR 52.222-36
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LESSOR
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COVENANT AGAINST CONTINGENT FEES (FEB 1990)
REQUIREMENT FOR CERTIFICATE OF PROCUREMENT INTEGRITY -
MODIFICATION (NOV 1990) (Applicable to leases over $100,000,)
PRICE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY
(SEP 1990) (Applicable to leases over $100,000.)
.
PROTECTING THE GOVERNMENrS INTEREST WHEN
SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED.
OR PROPOSED FOR DEBARMENT (AUG 1995) (Applicable to leases over
S25,ooo.)
SMALL. SMALL DISADVANTAGED AND WOMEN-OWNED SMAll
BUSINESS SUBCONTRACTING PLAN (OCT 1995) (Applicable to leases
over S5OO,ooo.)
LIQUIDATED DAMAGES - SMALL BUSINESS SUBCONTRACTING PlAN
(OCT 1995 (Apptlcable to leases over $500,000.) .
PREAWARD eQUAL OPPORTUNITY COMPLIANCE REVIEW (APR 1984)
(Applica~e to leases olter $1 million.)
eQUAl OPPORTUNITY (APR 1984) (Applicable to leases aver $10,000.)
AFFIRMATIVE ACTION FOR SPECIAL DISABLED AND VIETNAM ERA
VETERANS (APR 1984) (Applicabfe to leases over $10,000.)
AFFIRMATIVE ACTION FOR HANDICAPPED WORKERS (APR 1984)
(Applicable to leases over $2.500.)
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GOVERNMENT
GSA'fORM 3517A PAGE' (REV.Ige)
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EMPLOYMENT REPORTS ..QN. SPECIAL DISABLEO VETERANS AND
VETERANS OF THE VIETNAM ERA (JAN 1988) (Applicable to leases over
$10.000.)
ASSIGNMENT OF CLAIMS (JAN 1966)
PROMPT PAYMENT (APR 1989)
DISPUTES (OCT 1995)
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FAR 52.222-37
FAR 52.232.23
, GSAR 552.232.71
"'_011. 4 ....
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-. ...' FAR 5"2.233.1
THE FOLLOWING APPL Y WHEN COST OR PRICING DA TA IS SUBMlrrEO:
FAR 52.215-22 PRICE REOUCTION FOR DEFECTIVE COST OR PRICING DATA
(JAN 1991) (Applicable when cost or pricing data is required for work or
services exceeding $500.000.)
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FAR 52.215.24
SUBCONTRACTOR COST OR PRICING DATA (OCT 1995) (Applicable
when the clause 52.215-22 Is applicable.) ,
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The informaUon collection requirements contained In this solicitalfonfcontract. that ara not required by
,regulation. have been approved by Ute Office of Management and Budget pursuant to the Paperwork
Reduction Act and assigned the OMS Control No. 3090-0163.
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INITIALS:
LESSOR
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GOVERNMENT
GSA FORM 35tM PAGE 2 (REV 41i6)
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REPRESENTATIONS AND CERTIFICATIONS
(AcqulslUon of Leasehold Interests in Real Property)
Solicitation Numbelr
Datoe!
Complete appropriate boxe$. sign tho form, and attach 10 offer.
The Of'feror makes the following Reprnentatlons end Certifications. NOTE: The .O"eror.. 8S used on this form, is the owner of the
property offered, not an individual or agent representing the owner.
1. 52.219-1. SMALL BUSINESS PROGRAM REPRESENTATIONS (OCT 1995) (VARIATION)
(a) (1) The standard Industrial classification (SIC) code for this acquisition is 6515.
(2) The small business size standard applicable to this acquisition ii average annual gross revenues of $15 million
or less for the preceding three fiscal years.
Representations,
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(b)
(e)
(1) The Offeror represents and certifies as part of its offer that it [ ] is, [ ] is not a small business concem.
(2) (Complete only if offeror represented itself as a small busIness concem In block (b)(1) of this seellon.) The
Offeror represents as part of its offer that it ( ) is, ( ] Is not a small disadvantaged business concem.
(3) (Complete only If offeror represented itself as a small business concem in block (b)(1rof this sectIon.) The
Offeror represents as part of its offer that It ( ] is, [ ) Is not a women-owned small business concem.
Definitions. Small businss:; concern. as use In this provision, means a concem, including Its affiUales, that is
Independently owned and operated, not dominant in the field of operation in which It Is bfddlng on Government
c.cntracls. and qualified as a small business under the criteria in 13 CFR Part 121 and the size standard in paragraph (a)
of this provision.
Small disadvantaged bu:s/ness concem, as use In this provision, mean! a small business concem that (1) is at least 51
percent unconditionally owned by one or more individuals who are both sodalty and economically disadvantaged, or a
publicly owned business having at least 51 percent of its stoc!< unconditionally owned bV an economically
disadvantaged Individuals, and (2) has its management and daily business controlled by one or more such IndivIduals.
this term also mean. a small business concern that Is at least 51 ~rcent unconditionally owned by an economically'
disadvantaged Indian tribe or Native Hawal1an OrganlzaUon, or a PUblicly owned business having at least 51 percent of
its stock unconditionally owned by one or more of these entitles, which has Its management and daily business
controlled by members or an economicallY disadvantaged Indian tribe or Native Hawaiian Organization, and which
meets the requirements of 13 CFR Part 124.
WomerKIwned :small business concern. as use in this provision. means a small business concern-
(1) Which Is at least 51 porcent owned by one or more women or, In the case of any pubUcfy owned business, at
least 51 percent of the st~ of which is owned by one ore more women; and
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(2) Whose management and dally business operations are controlled by one or more women.
Notice.
(d)
(2)
If thlllollcitaUon is for supplies and has been set aslde,ln whole or In part, for small business concems, then the
clause In this solicitation providing notice of the ht-aside contains restrictions on the source ot the end items to
be furnished.
Under 15 U.S.C. 645(d) , any person who misrepresents a firm's status as 8 sman or small disadvantaged
business concern in order to obtain B contract to be awarded under the preference programs established
pursuant to sections 8(a), 8(d), 9, or 15 of the Small Business Act Of any other provision of Federal law that
specifically references section B(d) for a definition of program eligibility, shaI1-
(i) Be punished by Imposition of fine. Imprisonment, or both;
OQ Be subJed to administrative remedies, Including suspension and debarment; and
(liQ Be ineligible for participation In programs conducted under the authority of the Ad.
(1)
2. 52.2<*5 - WOMEN. OWNED BUSINESS (OCT 1995)
(8) Representation. The Offoror represents that It [ ) Is, [ ] Is not a women-owned business r.oneern.
(b) Definition. "'Nomen-owned business co~m.. as used in this provision, means a concemwhich Is at least 51 percent
owned by one or more; or In the case of any publ1c1y owned business, at least 51 percent of the stock of which is owned
by one or more women: and whose management and daily businen operations are controlled by one or more women.
INlTlAlS:
LESSOR
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GSA FORM 3518 PAGE 1 (REV 4196)
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3. 52.222-22 - PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (APR 19~)
The Offeror represents that -
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It f J has, { J has not participated in a previous contract or subconlract subject either to the Equal Opportunity clause of
th s sol1citaUon. the clause original:Y contained in Section 310 of Executive Order No. 10925, or the clause contaIned In
Section 201 of executive Order No. 1111": ·
It t I has, [ J has not filed all required compliance reports: and
Representations indicating submission of required compliance reports, signed b'1' proposed subcontractors, will be
obl~lned before subcontract awards. (Approved by OMB under Conlrol Number 1215-0072.)
4. 52.222-25 - AFFIRMATIVE ACTION COMPLIANCE (APR 1984)
Tho Offeror represents that -
(a) It [ ] has developed and has on file, [ ] has not develored and does not have on file. at each establishment affirmative
action programs required by the rules and regulations 0 the Seaetary. of Labor (041 CFR 60-1 and 60-2), or
It [ 1 has not prevIously had contracts subject to the written affirmative action programs requirement of the rules and
regulations of the Secretary of Labor. (Approved by OMB under Control Number 1215-0072,)
5. 52.222-21. CERTIFICATION OF NONSEGREGATED FACILITIES (APR 1984)
(a)
(a)
(b)
(c)
(b)
.Segregated facilities,. as used In this provision. means any waiUng rooms, work areas, rest rooms and wash rooms.
restaurants and other eating areas, lime clocks, locker rooms and other storage or dressing areas, parking lots, drinking
fountains, recreation or enlertainment areas. transportation, and housing facilities provfded for employees, that are
segregated by expllclt directive or are in fact segregated on the basis of race, color, religion, or national origin because
of habit, local custom, or otherwise.
By the submission of this offer, the Offeror certifies that it does not and will not maintain or provide for its employees any
segregated facilitJ6 at any of its establishments, and that it does not and will not pennlt its employees to perform their
services at any Ioc::atlon under its control where segre.9ated facililies are maintained. The Offeror Rgf8eS that a breach
of this certification Is a violation of the Equal Opportunq cfause in the contract .
The Offeror further agrees that (except where it has obtained identical certifications from proposed subcontractors for
spec/fie time periods) It will-
(1) Obtain identical certifications from I)roposed subcontractors before the award of subcontracts under which the
subcontractor will be subject to the Equal Opponunlty clause:
(32) Retain the certifications In the files: and
( ) Forward the follDwing notIce 10 the proposed subcontractors (except if the proposed subcontractors have
submitted Identical certifications for sp8cffic time periodS).
NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT FOR CERTIFICATIONS OF NONSEGREGATED
FACILITIES.
(b)
(c)
Certification of Nonsegregated Facilities must be submitted before the award of a subcontract under which the subcontractor
will be subject to the Equal Opportunity clause. The certification may be submitted either for each subconlract or for aU
subcontracts during a period (i.e., quarterly, semiannually, or annually). .
NOTE: The penal~ for making false statements in offers is prescribed In 18 U.S.C. 1001.
(Approved by OMS under Canlrol Number 121&0072.) .
6. 552.203--1- CONTINGENT FEE REPRESENTATION AND AGREEMENT (MAY 1989)
(Applies to leases which exceed $100,000 average net annual rental, including optlofl periods.)
(a) Representation. The Offeror represents that. except for full-time bona fide employees working solely for the Offeror or
bona fide established real estate agents or brokers maintained by the Offeror for the purpose of securing business. the
Offeror -
(Note: The otreror must check the ap~rarriate boICes. For interpretation of the tenn -bona fide employee or agency:
see paragraph (b) of the Covenant Agalns Contingent Fees clause.]
(21) [ ] Has, [ I has not, employed or retained any company or peraon& to solicit or obtain thIs lease: and
( ) [ ] Has, [ has notl paid or agreed to pay to any person or company emrlOYed or retained to solicit or obtain this
contract any comm sslon, percenlage, brokerage, or other fee conUngen upon or resulting from the award of thl.
contract.
Agreement. The Offeror agrees tz provide information relating to the above Representation as requested by the
Contracting Officer and, when subparagraph (a)(1) or (a)(2) is answered affirmatively, to prompUy submit to the
Contracting O~r-
(1) A completed Standard Form 119, Statement of Contingent or Other Fees, (SF 119); or
INITIALS:
LESSOR
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(b)
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GOVERNMENT
GSA FORM 3518 PAGE 2 (REV 04196)
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(2) A signed statement Indlcallng that the SF 119 was previously submitted to the some contractIng office. including
the date and applicable solicital/on or contract number, and representing that the prior SF 119 applies to thll
offor or quotation.
7. 52,203-02. CERTIFICATE OF INDEPENDENT PRICE OETERMINA1'i6N (APR 1985)
(Applies to leases which exceed $100,000 average net annual rental. including option periods.)
(8) The Offeror certifies that-
(1) The prices In this offer have been arrived at Independently, wi1hout. (or the purpose of res(~ competition.
any consultaUon. communlcallon, or agreement with any: other Offeror or competitor relating to (i) those prices.
(II) the Intention to submit an offer, or (Iii) the methods or factors used to calaJlate the prices offered;
(2) the prices In (his offer have not been and will not be knowIngly disclosed by the Offeror. dJlecl1y 01 indirectly, to
any other Offeror or compelltor before bid opening (In the case of a sealed bid solicitation) or contract award (in
the case of a negotiated solicital1on) unless otherwise required by law; and
(3) No attempt has been made or will be made by the Offeror to induce any other concern to submit or not to submit
an offer for the purpose of restricting competition.
(b) Each signature on the offer Is considered to be a certification by the signatory that the slgnatory-
(1). 15 the person In the Offeror's organization responsible for determining the prices be1ng offered in this bid or
proposal, and that the signatory has not participated and will not participate in any action contrary td
.subparagraph. (a)(1) through (a)(3) above; or
(2) (I) Has been aUthorized. In writing, to act as agent for the fOllowing principals In certifying 1ha1 those
principals have not partle/p3ted, and will not participale In any action contrary to subparagraphs (a)(1)
through (a) (3) above [insert full name of
person(s) fn the Offeror's organization responsible for determining the pnccs offered In thJs bId or
proposal. and the t1Ue of his orller P9sltlon In the Offeror"s organization}:
(II) As an authorized agent, doell certify that the principals named in subdivision (b)(2)(i) above have not
partle/pated, and wilf not pal1Jdpate,ln any action contrary to subparagraphs (a){1) through (a)(3) above;
and
(III) As an agen1, ha. not personally partie/pated, and wlll not participate, In actJon contrary to subparagraphs
(a)(1) through (a)(3) above.
(e) If the Offeror deletes or modlfles subparagraph (a)(2) above, the Offeror must furnish with ~s offer a signed statement
setting forth in datal! the circumstances of the disClosure.
8. 52.203.11 - CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN FEDERAL
TRANSACTIONS (APR 1991) (OEVIATION)
(Appl1es to leases which exceed $100,000.)
(a) The definlUons and prohibitions contained In the clause, at FAR 52.203-12, Umitation on Payments to Influence Certain
Federal Transactions, are hereby Incorporated by reference In paragraph (b) of this certification.
(b) The offeror, by Signing its offer, hereby certifies to the best of his or her knowfedge and belief thai on or after December
23,1989,-
(1) No Federal appropriated funds have been paid or will be paid to any person for inltuendng or attempling to
Influence an officer or employee of any agencyr a Member of C()ngress, an officer or employee of Congress. or
an employee of a Member Of Congress on h II or her behalf in connection with the awarding of a contrad
resulting from this solicitation.
(2) If any fUnds other than Federal arpro~ted fundi Oncludlng profit or f~ received under a covered Federal
transaction) have been paId, or wil be P-8ld, to any person far ftlltuendng or attempting to inlluence an officer or
e~loyee of any agency, . Member Of COngrelS, an officer or empl9.jee of Congress, or an employee of a
Member of CongreSl on his or her behaH Iii connection with this soliCi1ation, the offeror chal complete and
submit. with Its orter, OMS standard form LU, Dlsdollure of Lobbying Ac:tivities,10 the Contracting Officer. and
(3) He or she wiD Include the language of this certification in all subContrad awards at any tier and require that all
recipients of lubconlrad swams In excess of $100.000 shall certify and disclose aCCOrdingly.
(c) Submission of this certfficaUon and dlscfosure (s a prerequIsite for making Of entering Info this contract Imposed by
sedlon 1352, We 31, United States Code. Any ~(lon who makes an expenditure prohibited under this provisIon or
who faits to file or amend the dlsdOlure form to bC! filed or amended ~ this provision, ahaU be subjett to a civil penalty
of not 'eslI than $10,000, and not more than $100,000, for each such faIlure.
9. 52.209-5 . CERTIFiCATION REGARDING DEBARMENT, SUSPENSION, PROPOSED DEBARMENT, AND OTHER
RESPONSIBILITY MATTERS (MAR 1996)
(Applies to leases which exceed $100,000 average net annual rental, including option periods.)
(8) (1) The Offeror certifies, to the best of Its lcnoWJedge and belief, that-
(l)The Offeror and/or any of Ita Prlnclpalr.-
(A) Are [ J are not [ J presently debarred, suspended, proposed for debarment, or dec;lared inellgible
for the award ofcontrads by any Federat agency,
INIT1ALS:
LESSOR
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GOVERNMENT
GSA FORM 3518 PAGE 3 (REV .196)
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(B) Have [ ] have not [ ]. within a three-~ear period preceding this orrer, been convicted of or had a
civil judgment rendered against them for: commission of fraud or a criminal offense in connection
with obtaining. attempting to obtain, or perfonning a public (Federal, Stafe, or local) contract or
subcontrad; violation of Federal or State antllrust statutes relating to the submission of offe,,: or
commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making
false statements, tax evasion, or receiving stolen property; and
(C) Are I ] are not [ ) presenlly Indicted for, or otherwise criminally or civil!y charged by a
govemmental entity with, commilllon of any of the offenses enumerated In subdivision (aJ(1)(I)(B)
of this provision.
(Ii) The Offeror has [ 1 has not [ 1. within a three-year period preceding this offer, had one or more contracts
tenninated for default by any F'ederal agency.
(2) .Princlpals,. for the purposes of this certification, means Otficefl: directors; owners; partners: and, persons
having primary management or su~rvlsory responsibilitIes within 8 business entity (e,g" general milnager; plant
manager: head of a subsidiary, divIsion, or business aegment, and similar positions).
,
THIS CERTIFICATION CONCERNS A MATTER WITHIN THE JURISDICTION OF AN AGENCY OF THE UNITED STATES
AND THE MAKING OF A FALSE. FICTITIOUS, OR FRAUDULENT CERTIFICATION MAY RENDER THE MAKER SUBJECT
TO PROSECUTION UNDER SECTfON 1001, TITLE 18, UNITED STATES CODE.
(b) The Offeror shall provide Immediate written notice to the Contracting Officer If, at any timo prior to contrad award. the
Offeror leams that its certification was erroneous when submitted or has become erroneous by reason of Changed
circu mstances.
A certification that any of the items In paragraph (a) of this provision exists will not necessarily result in withholding of an
award under this solicitation. However, tfle certification will be considered in connection with a determination of the
Offeror'. responsibility. Failure of the Offeror'to fumish a certification or provide such additional information as
requested by the Confracting Officer may render the Offeror nonresponslble.
Nothing contained In the foregoIng shall be conslnJed to require establishment of a system of records in order to render,
In good faith, the certification required by paragraph (a) of this provision. The knowfedge and Information of an Offeror
Is not required to exceod that which is normally possessed by a prudent person In the ordinary course of business
dealing..
Tho certification in paragraph (a) of this provision Is a material representation of fact upon which reliance was placed
when making award. If it Is later determined that the Offeror knowingly rendered an erroneous certification, in addition
to other remedies available to the Govemment, the Contracting Officer may terminate the contract resultIng from this
sollcitatlon for default.
10. ASBESTOS REPRESENTATION (APR 1996)
(c)
(d)
(e)
The Offeror represents and certifies 8S part of Its offer that the space offered for lease. common building areas. ventilation
systems and lones serving the space offered, and the area above suspended ceilings and engineering space in the same
ventilation lonea sathe space offered -
(a) [) Does, ( ) does not Include asbestos-eontainlng materials (ACM). ACM as used in thIs provision is defined as any
materials With II concentration of greater than 1 percent by dry weIght of asbestos.
(b) tf any or the above areas Include ACM, please indicate whether the materials are
(21) friable ( ] Yes [ J No
( ) non-friable, In good condlUon. and located In
a place where they are not Ukely to be disturbed
during the term of any ensuing rease contrad [ J Yes
. (3) In a soUd matrix. already In place. and In good condition [ Yes
11. CERTIFICATION FOR PAST OR PRESENT HAZARDOUS WASTE OPERATtONS (NOV 1987)
IJ~
To the best of his or her knowfedge, the Offeror represents and certifles, as part of the offer that the site upon which space is
offered for lease to the Government - .
(a)
(b)
( 1 Was, [ ) was not 8' site used for any of the operations listed In item b below.
Was a site used for any or all of the following operaUons:
(21) generation of hazardous wasle
() treatment, temj)?rary/permanent storage, or
disposal of solid or hazardous waste
(3) storage of hazardous substances or
petroleum prodUds
m~ usedlwasle ollltorage or reclamation units
laboratory or rine ra"90
chemical manufactunnglstorage
military or intelligence weap<K.\s
or ammunition training or tesling
(8) ordnance andlor weapons production.
storage. or handll"9
[ ) Yea
I 1 Yes
( )No
( ] No
II Yes
Yes
Ye,
Ye,
II~
[)No
( ]No
[ 1 Yes
( ] Ves
&
GOVSRNMf.NT
GSA FORM 3518 PAGE" (REV~)
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(c) If any of the above operations ever occurred It the site. the O"eror certifies that appropriate cleanup or other action
[ 1 was, [ J was not performed in accordance with the Ioeal. ltate and Federall8W1.
12. 52.223-5 - CERTIFICAT~ON REGARDING A DRUG-FREe WORKPLACE (JUL 1990)
(Applies to leases which exceed $100,000 average net annual rental, Including option periods.)
.
(I) Definitions. As used in thIs provision, .Controlled substance- means a controlled lubslance In schedules I through V of
section 202 of the Controlled Substances Ad (21 U.S.C. 812) and .s further defined In regulallon at 21 CFR
1308.11-1308.15.
i.
.Convlctlon. means a finding of guilt (Including a plea of nolo contendere) or imposition of sentence. or both. by any judicial
body charged with the responsibifity to determine Violations of the Federal or Stale criminal drug slatutes.
.Crimlnal drug statutes. means 1 Federal or non-Federal criminal statute InvoNing the manufacture. distribution. dispensing,
possession or use of any controlled substance.
.Orug.free wort<place- means lhe alle(s) for rhe performance of work done by the Contlactor in connection with a speCific
centrad at which employees of the Contractor are prohibited from engJgfng In the unlawful manufacture, dislribution.
dispensing, possession, or use of a controlled substance. .
-Employee- means an employee of a Contractor directly engaged In the perfonnance of work under D Government contract.
Directly engaged Is defined 10 Include all direct cost empJoyee, and any other Contractor employee who has other than a
minimal Impact or involvement in contract performance.
-lndividuar means an Offeror/contractor that has no more than one employee fnduding the Offeror/contractor.
(b) By submission of /t$ offer, the Offeror, Jf other than an indlvldual. who Is making an offer that equals or exceeds $25.000,
certifies and agrees that. with resped to all employees of the Offeror to be employed under a contract resulting from this
solicitation, thai. no later than 30 calendar days after contract award (unless a lOnger period Is agreed to In writing). for
contracts of 30 calendar days or more performance duration, or as soon as possible. for contracts of less than 30
calendar days perfonnance duration. but In any case, by a date prior to when perlormance is expected to be completed,
it will -
(1)
(e)
Publlsh a statement notifying its employees that tho unlawful manufacture. distribution, dispensing, possession,
or use of a controlled substance Is protiiblted in the contractor's wor1<plaee and specifying the actions that will be
taken against emp'loyees for violaUOIUS of such prohibition;
(2) Establlsn an ongOing drug-free awareness p!ram to Inform such employees about -
~ The dangers of drug abuse In the wo ace;
I The contractor's polICy of maintaining ~free workplace:
II ~ &venable drug counseling, reha6illtation, and employee assistance p~rams; and
IV The penalties thaf may be Imposed upon employees for dNg abuse violations occurring in the wori<place.
Provide 811 emJ>Ioyees engaged In performance of the contrad with I copy of . statement required by
BubP.8ragraph (b}(1) of thl, dause:
Notlfv sUch employees In writing In the statement required by subparagraph (b)(1) of this provision that. as a
cond'rtfon of continued emplqyment on the contrad resulting frOm this lOIicit.ation, the employee will -
ro AbIde b.Y the tenns of the statement: and
(Ii) Notify the employer in wriUng of the employee's convlcVon under a aimlnaJ drug staMe for a violalion
occurring in tho worlq)lace no lator than S calendar days after such c:onvk:tlon:
Notify the contracting officer In writing within 10 calendar da~ after receiving notice under subdivision (b}(4)Oij of
this ~alon. from an employee or otherwise receiving aet\.ial notice of such convk:tion. The notice shan include
the position and title of the erilployee' and
(6). Within 30 calendar days after ~ notJco under .ubdMsJon (b)(.4)(ii) of this provlsJon of . convidJon. lake
one of the following adionl with respect to any employee who Is conVicted of. drug abuse violation occulTing In
the wofltplace:
ro TBkin~ appropriate pemmnel action a~lnst such employee, up to and Induding tennlnation; or
(ii) ReqUire sUCh eltll)loyee to satlsfacton partJclpate In a drug abuse assistance or rehabilitation program
approved for such ptJlpOses by a F tal, Stale, or local health Iaw'enforcemenl. or other appropriate
Make :~~'fa1th dart to maintain a drug-free workplace through implementation of subparagraph (b)(1)
through (1))(6) of this clauae.
.
By submission of Its o"er. the Offeror. If an Individual who is making an olrer of any dollar value. certmes and agrees
that the Offeror win not engage In tho unlawful manufacture. distribution. dispensing, possession, or use of a controlled
substance in the perfonnance of this contract resulting from this solicitaUon.
Failure of the Offeror to Jl:rovide the certification required by paragraph (b) or (c) of this provision. renders the Offeror
unqualified and ineligible for award. (See FAR 9.104-1(;) aOd 19.602-1(a)(2)(I).)
In addition to other remedies available to the Government. the certification in paragraphS (b) or (c) of this provision
concems a matter within the jurisdiction of an ag~ of the United States and the making of a false. fictitious. or
fraudulent certification may render the maker subject to prosecution under Tille 1S. United States Code, Section 1001.
(3)
(4)
(5)
(7)
(c)
(d)
INITIALS:
LESSOR
&
GO\lERNMENT
GSA FORM 3518 PAGE 5 (REV M96)
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13. 52'.2Q.4..3. TAXPAYER IDENTIFICATION (SEP 1989) (VARIATION)
" (8) The Offeror II required to submit taxpayer Identification infonnsUon In order to complY with rep(!rting requirements of 26
U.S.C. 0041, 8041A, and 6050M and Implementing regulat1on.Jssued by the Intemal Revenue SeNlce (IRS). Failure or
refusal by the Offeror to furnish the Information may result In a 20 percent reduction of payments othefWiso due under
the contract. Taxpayer InformaUon on the payee. If different from the offeror, f. also requIred: however. it may be
provided at the lime of award. ,
(b) Offeror', Taxpayer Ident/fJc:aUon Number (TIN).
[ J TIN: [ J TIN has been applied tor. [J TIN is not required.
(c) Corporate Statui.
I ) Corporation; I 1 Not a corporate enUty; t 1 Sole proprietorship ,t ) Partnership
(d) Common Parent
.Common parent,. al used In 'this solicitation provision. means that corporate entity that owns or controls an affiliated group of
COrporations that filellts Federal income tax returns on a consolidated basil, and oTwhlch the Offeror is a member.
I ] Offeror II not owned or controlled by B common parent.
J Name and TIN of common parent~ Name TIN
(8) Payee., Taxpayer Identification Number.
l ) TIN: (1 TIN has been applied for. [J TIN is not required.
14. OFFEROR'S DUNS NUMBER (APR 1996)
Enter number. If known:
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OFFEROR OR
AUTHORIZED
REPRESENTATIVE
Name and Address (Including ZIP Code)
Telephone Number
Dale
Signature
,(
INIT1At.S:
,LESSOR
&
GOVERNMENT
GSA FORM 351& PAGE 6 (REV 41'96)
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United states Coast Guard
Lease No. DTCG82-97-L-750004
qountersigned:
CITY OF CLEARWATER, FLORIDA
Rita Garvey
Mayor-commissioner
By:
Elizabeth H. Oeptul
City Manager
Approved as to form and
legal sufficiency:
Attest:
~~~
n C. Carassas
Assistant City Attorney
~
cynthia E. Goudeau
city Clerk
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Clearwater City COJT1mission
Agenda Cover Memorandum
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C/'l q. 90
SUBJECT: LEASE AGREEMENT FOR OLD CLEARWATER BAY POLICE MINI-STATION
RECOMMENDATION/MOTION:
Approve a lease agreement between Daystar Properties, Inc., a Florida
Corporation, known as the Lessor, and the city of Clearwater, known as the
Lessee, for the premises located at 1217A North Fort Harrison Avenue,
Clearwater, Florida, for a period of three (3) years commencing on October 1,
1996 and terminating on September 30, 1999, at an annual rental of $6,600.00,
payable to Daystar Properties, Inc., 2265 Laqoon Drive, Dunedin, Florida 34698,
which is the maximum sum due for all services to be rendered during the term of
this Lease,
B and that the approprIate offfclal. 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.
i
. In September 1994, the Clearwater Police Department established a
substation in the Old Clearwater Bay community in a storefront on North
Fort Harrison Avenue which consisted of five (5) officers. Since that
time, an additional officer and members of Americorps/NuCopS have joined
the project. There is currently insufficient room for personnel and the
equipment at this loca~ion. Additional space is required for effective
operation.
. The new office space will provide work and storage space for personnel and
equipment assigned to the team and is centrally located and highly visible
wi thi.n this neighborhood
. The Clearwater Fire Department will be initiating its first ever
neighborhood substation with us at this location, and there will be
sufficient room for both police and fire personnel at this site.
Rt.'Y1 ewecI by:
Legal
Budget
PurchasIng
COstl: ~ 6.600.00
Total
$ 6.600.00
Current Fiscal Yr.
COaaiulon Actton:
C Approved
D Approved w/concUtlons
D Denfed
D Conti~ to:
elt
AdvertlMd: .
Date:
Paper:
IllI )jDt Requt red
Affected Parties
D Notified
S NDt Required
Fwdi~ Source:
D Capital lqJ.
IllI Operating
[] Other
Attact.!nta:
Lease Agreement
Approprlotlon Code:
010'01132-544200.521-000;
010'01220-530300'522-000;
010-01250'530300-526'000
[] U one
o Prfntftd on recycled paper
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Funding for this Lease Agreement, covering the period from October 1, 1996
through September 30, :1997, is available in the Police Department's
operating budget code: 010-01132-544200-521-000, Rental-Building, and
codes: 010-01220-530300-522-000 and 010-01250-530300-526-000 in the Fire
Department's operating budget. Funding will be requested in future Police
Department and Fire Department operating budgets ~o cover the remaining
two-year term of this lease. Payments during the term'of this lease will
be'made in monthly installments of $550.00 ($350.00 to be paid by the
Police Department and $200.00 to be, paid by the Fire Department).
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COMMERCIAl LEASE
](
ThIs Ieass Is made between DAY STAR PROPERTIES, INC. (2265 Lagoon Drive, Dunedin, FL
. 34698), herein called Lessor, and THE CITY OF CLEARWATER (p.O. Box 4748, Clearwater, FL
34616), herefn called Lessee. Lessee hereby offers to lease (rom Lessor the premises sitt/ated In
the City of Clearwater, County of Plnellas, State 01 Florida, described as 1217 N. Fori Harrison
Awnue, # A, upon the followIng TERMS and CONDITIONS:
1. Term and RenL Lessor demises the above premises for a term of THREE years,
commenclng October 1. 1996 and terminating on September 30, 1999 or sooner as
provided herein at the annual rental of Six Thousand, srx Hundred Dollars ($6.600.00),
payable In equal Installments of Five Hundred and Fifty Dollars ($550.00) In advance on
the first day of each month for that month's rental. during the term of this Jease. All rental
payments shall be made to Lessor, at the address specified herein.
2. Use. Lessee shalf use and occupy the premises as a pollcelfire substation. The premises
shall be used for no other purpose. Lessor represents that the premises may lawfully be
used for such purpose.
3. Care and maintenance of Premises. Lessee acknowledges that the premises ara In good
order and repair, unless otherwise indicated herein. lessor shall be responsible for all
repairs, including but not limited to the roof. exterior walls, and structural foundations.
4. Assignment and Subletting. lessee shall not assign this lease or sublet any portion of
the premises without prior written consent of the Lessor, which shall not be unreasonably
withheld. Any such assignment or SUbletting without consent shall be void; and, at the .
Lessor's option. Lessor may terminate this lease.
5. Utilities. All applications and connections for necessary utility services on the premises
shall be made in the name of lessee only. lessor shall be responsible for the cost of
water. sewer. and garbage services. Lessee shall be liable for the cost of electricity and
telephone services.
6. Entry and Inspection. Lessee shall pennit Lessor or lessor's agents to enter upon the
premises at reasonable times and upon reasonable notice. for the purpose of inspecting
the same, and will pennlt lessor at any time within sIxty (60) days prior to the expiraUon of
this lease, to place upon the premises any usual '70 Lar or IIFor Lease" signs, and pennJl
persons desIring to Jease the same to inspect the premises thereafter.
7. Possession. If Lessor is unable to deliver possession of the premises at the
commencement hereof. Lessor shall not be liable for any damage caused thereby nor shall
this lease be void or voidable, but Lessee shall not be liable for any rent until possessIon is
delivered. Lessee may tennlnate this lease if possessIon Is not delivered within TEN days
of the commencement of the term hereof.
8. Eminent DomaIn. If the premIses Of any part thereof or any estate therein, or any othef
part of the building mat~riaJly affecting Lessee's use of the premises, shall be taken by
eminent domain, thIs lease shall terminate on the date when tiUe vests pursuant of such .
taking. The rent, and any addltlonal rent. shall be apportioned as of the termination date,
and any rent paid for any period beyond that date shall be repaid to Les~ee. lessee ,shall
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31
not be enUUed to any part of the award for such taking or any payment in lieu thereof. but
Lessee may file a claim for any taking of fixtures and improvements owned by Lessee, and
for moving expenses.
9. Destruction of Premises. In the event of a partial destruction of the premIses during the
tenn hereof. from any cause. Lessor shall forthwith repair the same. provided that such
repairs can be made within sixty (60) days under exlsUng governmental laws and
regulations, but such partial destruction shall not termlnale this lease. except that Lessee
shall be entitled to a proportJonate reductJon of fent while such repaIrs are being made.
based upon the extent to which the making of such repairs shall interfere with the business
of Lessee on the premises. If such repairs cannot be made within said sixty (60) days,
lessor, at his option, may make the same within a reasonable time. this lease continuing in
effect with the rent proportionately abated as aforesaid, and In the event that Lessor shall
not elect to make such reparrs which cannot be made within sixty (60) days, this fease may
be tennfnaled at the option of either party. In the event that the buildIng In which the
premises may be situated Is destroyed to an extent of not Jess than one-third of the
replacement costs thereof, Lessor may elect to terminate this lease whether the premises
be Injured or not. A total destruction of the building in which the premises may be situated
shall tenninate this lease.
10. Lessor's Remedies on Default. If Lessee defaults in the payment of rent, or any
additional rent, or defaults in the performance of any of the other covenants or conditions
hereof. Lessor may give lessee noUce of such default; and if lessee does not cure any
such default within FIFTEEN days after the giving of such notice (or if such other default is
of such nature that it cannot be completely cured within such period and if lessee does not
commence such curing within THIRTY days and thereafter proceed with reasonable
diligence and in good faith to cure such default), then lessor may terminate this lease on
not less than THIRTY days notice to Lessee. On the date specified in such notice, the
term of this lease shan terminate, and lessee shall then quit and surrender the premises to
Lessor. If this lease shall have been so terminated by Lessor. Lessor may at any time
thereafter resume possession of the premises by any lawful means and remove Lessee or
other occupants and their effects.
11. Security Deposit lessee shalf deposit with Lessor on the signing of this lease of sum of
Five Hundred and Fifty Dollars ($550.00) as security for the performance of Lessee's
obligations under this lease. including without limitation the surrender of possession of the
premises to Lessor as herein provided. If Lessor applies any part of the deposit to cure
any default of Lessee. Lessee shall on demand deposit with Lessor the amount so applied
so that Lessor shall have the fulJ deposit on hand at all times during the leon of this lease.
12. Taxes, Common Area Maintenance, and Insurance. Lessor shall be responsible for all
taxes, common area maintenance, and insurance for the premises.
13. Attomey1s Fees. In case suit should be brought for recovery of the premises. or for any
sum due hereunder. or because of any breach of any of the provisions hereIn. the
prevailing party shall be entiUed to recover attorney.s fees and costs.
14. V/alver. Failure 01 Lessor to enforce any leon hereof shall be deemed to be a waiver.
2
15. Notices. Any notice which either party mayor is required to give. shall be given by mailing
the same. postage prepaid, to Lessee at the premises, or Lessor at the address specified
above. or at such other places as may be designated by the parties from time to Ume.
.
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t 16. Heirs, Assigns, Successors.' This lease Is binding upon and Inures to the benefit of the3/
heirs assigns and successors In Interest to the parties.
17. Option to Renew. Provided that Lessee Is not In default In the performance of this lease,
Lessee shall have the option to renew the lease for an additional term, to be negotiated,
commencing at the expiration of the Initial lease term. All of the terms and conditions of
the lease shall apply during the renewal term except that the monthly rent shall be
negotiated. The option shall be exercised by written notice given to Lessor not less than
THIRTY days prior to the expiration of the Initial lease term.
18. Subordination. This lease Is and shall be subordinated to all existing and future liens and
encumbrances against the property.
19. Entire Agreement. The foregoing constitutes the entire agreement between the parties
and may be modified only by a writing signed by both parties.
Signed this
day of
,1996.
Countersigned: '
CITY OF CLEARWATER, FLORIDA
By:
Elizabeth M. Deptula, City Manager
Attest:
Rita GarveYt Mayor~Commissloner
Approved as to form and
legal sufficiency:
Cynthia E. Goudeau
City Clerk
DAY STAR PROPERTIES, INC.
By:
jT~n i a
R. :.~QJ~ - 0
I - Secretary
R>B. Ertl-~. V Surc?/I0k...
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Item #32
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Clearwater City Commission
Agenda Cover Memorandum
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9./9.q~
SUBJECT: LEASE AGREEMENT FOR PASSENGER V AN
RECOMMENDATION/KOTION:
Approve a lease agreement between the Sgt. Allen Moore Community Partnership, Inc. t known as the Lessee,
and THE CITY OF CLEARWATER, known as the Lessor, for the 1996 Ford Econoline IS-Passenger Club
Wagon (VIN 1FBJS31H3THB59092) for the period of one (1) year commencing September 20, 1996, and
renewable for up to an additional four (4) years beyond the original contract period, at an annual lease payment
of $1.00 for each period.
Ilif and that the appropl'fate offic'ala be Ilutho"'zed to oxecuto same.
BACKGROUND:
o The City of Clearwater Police Department was awarded an "Urban Partnership" grant in the amount of
$50,000 from the Florida Bureau of Community Affairs. This grant required a 25% match of $16,667,
and was stipulated for use only in the North Greenwood community. Funds for this grant came from the
federal Edward Byrne Memorial State and Local Assistance Program. Funds for the city's required match
came from Police Department Contraband Forfeiture Funds.
. As a part of the activities included in the grant program, the Police Department purchased a 15 passenger
van for use by the Sgt. Allen Moore Community Partnership, Inc. for the transportation of clients
participating in the Partnership's programs. Due to the regulations and requirements for the federal grant
funds, the van must be retained in the City of Clearwaterts name and carried in the Cityts asset inventory.
Therefore, in order for the van to be used by the Partnership, a lease has been prepared for your
consideration. The lease period is for one year, beginning September 20, 1996, and can be renewed for
up to 4 additional years at which time the van will be fully depreciated.
. As the Lessee, the Partnership will have responsibility for insurance, maintenance, repairs, and fuel.
There are some funds in the grant available for these expenses prior to December 31, 1996, but after that
date all such expenses will be paid by the Partnership.
Reviewed by:
Leglll
Budget
Purchalfng
Risk HlilIIIt.
CIS
ACM
other
Orlglnatl"" bept:
.p~~
co.U: S - 0 -
Tot.l
$
Current Fiscal YI'.
CoaIlsaion Action:
C Approved
o Approved w/condftions
o Denied
o Continued to:
sw-ttted by:
C HIl"1f!
Advel't I aed:
DaU:
Paper:
[] Not Required
Affected Partl_
[] Wotff led
C Not Required
Fwldi fIG Source:
C Caphal Iq:..
o Opclratfng
C Other
A ttachlacnt I:
leau Agreement
o None
Apprgpriatton code:
o prtnted on recycled paper
J!i>,);';~'..;' ."...~. ~". ~'"'''' ......... u .
"
3~
Motor Vehicle Lease Agreement
This agreement entered into between the City of Clearwater (hereinafter the Lessor) and the Sergeant Allen
Moore Community Partnership, Inc. (hereinafter the Lessee) is for the lease of a vehicle described below. By
signing this lease, the lessee agrees to all terms and conditions contained herein.
WHEREAS, the City of Clearwater has received a grant from the State of Florida Department of
Community Affairs in the amount of $50,000 with a 25% required match of $16,667; and
WHEREAS, the City has purchased a 15 passenger Econoline wagon with a portion of the grant
funds and Wishes to support the Sergeant Allen Moore Community Partnership, Inc. by leasing the vehicle to
the organization; and '
WHEREAS, the Sergeant Allen Moore Community Partnership, Inc. will be utilizing the vehicle to
transport citizens of Clearwater In the day-to-day operations of The Safe House located at 1201 N. Betty
Lane, Clearwater, Florida;
NOW, THEREFORE, in consideration of the mutual covenants expressed herein, the parties hereto
agree as follows:
1. VEHICLE DESCRIPTION. 1996 Ford Econoline 15 Passenger Club Wagon VIN
1 FBJS31 H3THB59092.
2. TERM OF LEASE AND PAYMENTS. This Lease shall be for a period of ana year commencing on
September 20, 1996 and ending on September 19, 1997. The parties have the option upon mutual
agreement to renew this Lease for an additional 4 years beyond the original contract period. The Lessee
shall make an annual payment at the commencement of each period of $1.00.
3. PUBLIC LIABIUTV AND PHYSICAL DAMAGE INSURANCE. Prior to delivery of the Vehicle,
Lessee must purchase Public Liability and Physical Damage insurance that covers both Lessee and Lessor.
The coverage must be not less than a single limit coverage of $500,000 bodily injury, $50.000 property
damage and physical damage coverage with deductibles not to exceed $500 for collision and $500 for
comprehensive. lessee understands that if Lessee fails to maintain the insurance required in this Paragraph
3. Lessor has the right. but not the obligation, to obtain insurance for Lessee at Lessee's expense and bill
Lessee for the cost. Lessor shall provide funds available under the grant for the first years premium. Lessee
shall be responsible for paying the premium to extend the coverage during any renewal of the lease beyond
the orfgfnal contract period.
Insurance Notice to Florida Residents Onlv: UNDER THE TERMS OF THIS LEASE AND IN ACCORDANCE
WITH ~324.021(9)(b) OF THE FLORIDA STATUTES, NO LESSOR SHALL BE DEEMED THE OWNER OF
THE LEASED MOTOR VEHICLE FOR THE PURPOSE OF DETERMINING FINANCIAL RESPONSIBILllY
FOR THE OPERA liON OF THE LEASED MOTOR VEHICLE OR THE ACTS OF THE OPERATOR IN
CONNECTION WITH THE LEASED MOTOR VEHICLE WITHOUT ANY WAIVER OF THE PROTECTION
AFFORDED TO ANY LESSOR BY ~324.021 (9)(b). AND IN ADDITION TO THE PROTECTION AFFORDED
THEREBY, THE VALID AND COllECTIBLE LIABILITY INSURANCE OR PERSONAL INJURY
PROTECTION INSURANCE PROVIDING COVERAGE FOR THE LESSOR OF A MOTOR VEHICLE FOR
RENT OR lEASE SHALL BE PRIMARY. SUCH INSURANCE SHALL BE PRIMARY FOR THE LIMITS OF
LIABILITY AND PERSONAL INJURY PROTECTION COVERAGE AS REQUIRED BY ~324.021(7) AND
~27.736. FLORIDA STATUTES.
... ...-..~..._ ....~.._ c_...._____....___
-- .._~_.....~.-.__.-....-...._---- ....,........-..--..--.--. ... ...- ...
BY SIGNING THIS LEASE, LESSEE AGREES THAT LESSEE'S OWN LlABIUTY AND PERSONAL INJURY
PROTECTION INSURANCE, FOR LESSEE OR ANY OTHER PERSON DRIVING THE VEHICLE, WILL
PROVIDE PRIMARY INSURANCE COVERAGE UP TO ITS FULL POLICY LIMITS.
'.
Name of Insurance Camer:
Policy No.
Phone No.
3:2
Name of Insurance Agent:
lessor must be named as "additional insured" and 111055 payee" on Lesseeis insurance policy. Each polley
must provide that lessor will be notified In writing at least 30 days before the Insurance is canceled or
coverage altered and that the lessor or its representative may have fun access to Lessee's insurers craim file
In the event of an Insurable loss. Lessee has the option of furnishing the required amount of insurance either
(I) through any existing policies owned or controlled by Lessee and issued by a carrier reasonably acceptable
to Lessor, or (ii) by purchasing the required coverage separately through any Insurer reasonably acceptable
to Lessor.
4. MAINTENANCE, REPAIRS AND OPERATING EXPENSES. Between September 20. 1996 and
December 31. 1996, Lessor will reimburse Lessee up to the limit of funds available under the grant for any
fuel used to transport citizens in the day-to-day operations of the Safe House and for any maintenance or
repairs. Beginning on January 1, 1997. the Lessee will be responsible for and agrees to pay for all
maIntenance and repairs to keep the Vehicle in good WOrking order and condition and any other expenses,
including but not limited to fuel, associated with operating the Vehicle. Lessee will service the Vehicle
according to the manufacture~s recommendations as outlined in the Owner's Manual and the Maintenance
Schedule folder or as requested by the manufacturer in any recall campaign and Lessee will complete all
necessary service records.
5. LICENSE, REGISTRATION, TAXES AND INSPECTION. Lessor agrees to pay for registration and
licensing and for aft inspections of the Vehicle required by any government authority during the first year of
this Lease.
6. WARRANTIES AND EXCLUSIONS OF WARRANTIES. Except for a warranty of description of the
Vehicle and a warranty against interference with Lessee's interest under this Lease, the only warranties
covering the Vehicle are the standard manufacturer's express warranties. The Lessee is authorized to
receive the benefit of the manufacturer's warranties on behalf of Lessor. In the event Lessee becomes
involved In any Iitigationl arbitration or other dispute resolution proceeding regarding such manufacturer's
warranties. Lessee will promptly notify the Lessor in writing of the proceeding in the manner provided in
Paragraph 15. Lessee agrees that Lessor Is a necessary party to any such proceeding. Lessee will also
have the benefit of the extended warranty obtained by Lessor. YOU UNDERSTAND THAT LESSOR MAKES
NO EXPRESS OR IMPLIED WARRANTIES COVERING THE VEHICLE. IN PARTICULAR, LESSOR
MAKES NO EXPRESS OR IMPLIED WARRANTIES OF VEHICLE CONDITION, MERCHANTABILI'N.
DURABIUTY OR FITNESS FOR A PARTICULAR PURPOSE OR USE COVERING THE VEHICLE. AND
LESSOR EXPRESSLY DISCLAIMS ANY SUCH EXPRESS OR IMPLIED WARRANTIES.
7. NO ASSIGNMENT BY LESSEE. LESSEE AGREES NOT TO ASSIGN, TRANSFER, SUBLEASE,
RENT OR PLEDGE THIS LEASE OR THE VEHICLE WITHOUT LESSOR'S EXPRESS WRITTEN
CONSENT. NOR WILL LESSEE DO ANYTHING TO INTERFERE WITH LESSOR'S OWNERSHIP OF THE
VEHICLE.
8. NOnCE OF ACCIDENTS AND COOPERATION. Lessee agrees to cooperate fully with Lessor and
any insurance company In the investigation and defense of any and all claims arising from possession and
use of the Vehicle. Lessee will provide Lessor with all information available regarding the time; place and the
nature of the accident, theft or loss, the persons involved and any resulting Injuries or damage. Lessee will
promptly deliver to lessor all papers and d~~~men.t~~_c~lv~g .by..L~!iS~ELor.by_any'.pp-~r~toLoJJbeYJ3hicle.I(l.__
connection with any claim begun .or threatened against Lessor, Lessee, or any operator of the Vehicle.
Lessee will provide Lessor or Lessor's representative reasonable time and opportunity to examine the
damaged Vehlcfe. Lessee will comply with all laws and regulations requiring the reporting of accidents, thefts
or loss involving the Vehicle.
2
-
3;;(
9. LIMITATION OF LIABILITY. Lessor shall not be liable for any loss of profits or other IndIrect or
consequential damages or Inconveniences which may result to Lessee from any damages to, or defect In, the
Vehicle or for the Ume needed to repair or service the Vehicle. .
. 10. USE. Lessee agrees that:
a. Only authorized licensed drivers will operate the Vehicle after they have been approved by the
Clearwater Police Department to insure that they have a valid driver's license;
b. Neither Lessee nor any other person will operate the Vehicle while under the Influence of
alcohol, illegal narcotics or prescription or non~prescription drugs if the instructions prohibit
operating a motor vehicle;
c. Lessee will keep the Vehicle free of all fines, liens and encumbrances and will pay such fines
or ..emove any such liens and encumbrances immediately (if Lessee does nOl, Lessor may do
so, and any amounts paid by Lessor, plus the assessment by Lessor of a $25 processing fee
per Incident, shall be an additional amount owed by Lessee under this Lease);
d. Lessee will not use the Vehicle illegally, improperly or for hire;
e. Lessee will not use the Vehicle to pull traifers jf recommended against by the manufacturer;
f. . Lessee will not remove the Vehicle from Florida; and
g. Lessee will not alter. mark or install equipment in the Vehicle without Lessor's consent;
h. Lessee will utilize the Vehicle for the benefit of the Public.
11. INSPECTION. Lessee agrees to allow Lessor to Inspect the Vehicle at any reasonable time and
place. If Lessor asks to inspect the Vehicle, Lessee will tell Lessor the location of the Vehicle. Any
inspection will be solery for Lessor's benefit.
12. DEFAULT. Lessee will be in default of this Lease if any of the following occur:
a. Lessee does not make a payment when it is due;
b. Lessee or any of Lessee's property becomes the subject of a proceeding (voluntary or involuntary)
in bankruptcy, receivership or insolvency, or Lessee makes an assignment for the benefit of
creditors;
c. Lessee dissolves;
d. lessee fails to comply with the Insurance requirements of Paragraph 3;
e. Lessee does not maintain or repair the Vehicle as required by this Lease;
f. The Vehicle is stolen, lost, destroyed, seized or confiscated or is othelWise rendered unavailable
or unsuitable for use;
g. Lessee assigns, transfers, subleases, rents or pledges this Lease or the Vehicle without Lessors
permission or otherwise violates Paragraph 7;
h. Lessee allows the Vehicle to become subject to a lien; or
I. Lessee otherwise fails to comply with any other tenn, provision or condition of this Lease or fails to
keep any other promise made to Lessor.
13. INDEMNIFICATION. Lessee agrees to indemnify and hold Lessor, Lessor's affiliates, assignees,
pledges, agents and employees harmless from all losses, liability, damages, injuries, claims. demands and
expenses ariSing out of the condition, maintenance. use or operation of the Vehicle.
14. SEVERABIUlY. If any part of this Lease is not valid according to any applicable law, all other parts
nevertheless will remain enforceable.
15. NOTICES. All notices to Lessee will be made to 1201 N. Betty Lane .Clearwater, Fl 34615 or to the
last address provided to Lessor in writing. All notices to Lessor made In accordance with the provisions of
this Lease must be made in writing to the Chief of Police of the Clearwater Police Department at 645 Pierce
Street, Clearwater. FI 34616, or to such other address as Lessor provides in accordance with this Paragraph.
3
.,./..:' ..'"n. . ' ..
. ~i I .:",.. ...,
.
, . ,
3?-
16. NO WAIVER. Lessor's excuse of a default does not mean that a later occurrence of that or any other
default will be excused. Any failure or delay by Lessor in exercising any of Lessor's rights or remedies under
this Lease Will not cause lessor to lose them, and Lessor may exercise them at any later time.
17. DELIVERY RECEIPT. By signing this Lease, Lessee agrees that (a) Lessee received and examined
the Vehicle described In this lease. (b) the Vehicle is as described In this lease, and (c) the Vehicle is In
good working order and condition.
18. THIS LEASE CONTAINS THE ENTIRE AGREEMENT BETWEEN LESSEE AND LESSOR. There
are no other agreements between Lessee and Lessor except those Included in writing in this Lease. No
change of this Lease, no course of perfonnanca and no other agreement between Lessee and Lessor will be
binding unless in Writing and signed by lessee and Lessor. Lessee Initials:
CITY OF CLEARWA TERI FLORIDA
SERGEANT ALLEN MOORE
COMMUNITY PARTNERSHIP, INC.
"
Date
By:
Joseph Smiley, President
Date
;.
By:
Rita Garvey
, Mayor-Commissioner
Date
'. .;
Attest
Attest:
",
/~'.,:
;,
Cynthia E. Goudeau
City Clerk
Secretary
: ~. :
Approved as to form and legal
sufficiency:
, ,
; ,
,,;'\
4
-
.
~w~
Clearwater City Commission
Agenda Cover Memorandum
73 (tcm#
~. Meeting Date:
cr.11.q~
SUBJECT: Purchase of Double Detector Check Valve Assemblies
RECOMMENDATION/MOTION:
Authorize a purchase order to secure double detector check valve assemblies
through a City of Tampa contract with Davis Meter and Supply of Tampa, Florida
for the period from 09/20/96 to 08/14/97 at a total estimated cost of
$61,525.00
~ and that the appropriate officials be authorized to execute same.
SUMMARY:
eDouble detector check valve assemblies are installed by Water Division
personnel on fire service connections to protect public water supply from
backflow/back siphonage and to detect water consumption.
eCustomers pay for installation and monthly maintenance fee.
eThe City of Tampa has entered into an annual contract with Davis Meter and
Supply to secure double detector check valve assemblies identical to the City
of Clearwater specifications. '
eDavis Meter and Supply has agreed to allow the City of Clearwater to
purchase the subject assemblies by "piggybacking" the Tampa contract.
e4", 6" and 8" assemblies will be pUl~chased in varying quanti ties, the
cost of which is estimated at a total of $61,525.
e4", 611 and 8" assemblies are $5, $55 and $82 less respectively than the
same items in Clearwater's contract with the same vendor last year.
eAssemblies will be purchased, as needed, using an inventory code, then charged
to an appropriate C.I.P. budget code when withdrawn from the warehouse for
installation.
-Current balances (as of 08/30/96) of C.I.P. projects that may be charged
for these assemblies are:
.System R & R - Capitalized(includes 3rd Quarter adjustment)... .$80,099.
eMeter/Backflow prevention Device Changeout Program........ ..... .64,271.
eSystem Expansion. . .. . . . .. . . . .. . . .. .. oil .. .. . .. . __ . II II .. II .. . .. .. . .. .. .. . .. .. . . . .. .. .. .. . .. .83,761.
eThe City Manager's FY 96/97 budget includes requests 'for sufficient funding
for this contract for next year.
Reviewed by:
Legal
Budget
Purchasing
Risk Hgmt.
CJS
ACM
Other
=tF
~lL
N/A
Costs: S 61,525 (est.)
Total
S -0-
Current Fiscal Yr.
Commission Action:
(] Approved
(] Approved w/conditions
o Denied
o Continued to:
Submitted by:
cltc:la~
Advertised:
Date:
i:"\ ~aper:
'1 J S Not Requi red
Affected Parties
o Notified
~ Not Requl red
Funding Source:
o capi ta l Jrl1=I.
o Operating
~ Other Yater
Distribution Stock
Appropriation Code:
421~OOOOO.1411'O.OOO-OOO
Attachments:
Letter-City of Tampa to Davis
Heter:
Tampa ResolutIon #96-1413
City of Tampa Bid Response
o None
t '.
~
,
i
.
1
j
,
I)AV.L::i Mt:lt:K
_. AUG-21-1:l'=,E.
W O'lj~OVU'I'U
VOl c: 1/'10 t u; U'1 l.Jl ~ Ut:.I U:1 I~V. ~&+o
P.01.C12
($:43
33'
CITY OF TAMPA
Purctwlng Departmenl
,
Mr. Ed Ai1:~..Etd
Davis Meter
,'532 Malta t..nQi
TB~pa,'1 33637
I
,
i
, !
1\UgUlit 16, lSJ96
'Subject' ;
Double ~.t.otcr Cheek Valves.
i
Per Resoiut1on No. 96-1413 pas~ed ana adopted tiy the City council
of the City of ~ampa, Florida on August 15, 1996, your bid has been
, approv.d: on i:.ho abovo rlilt'er"m.::rul mo.tarialf'J. '
i
The awar~ PQriod fa from ~uqu.t ~I. ~i2j through ~uau.t ~i~ ~,o,
and may ije extended at the same price(s), terms, and conditione, if
mutually; agreeable to both parties for 2 additional one-year
period (a) .,
,
, .
Attached: is a copy of the approving resolution (aI' your records.
All orders will be placed by purchase order.
If you h~va any questions, please call me at (B13) 274-8834.
I
: \
, /~lnoe~6r
,.-\ 1, '
( Y . I
, , .;. ,
{ltt C" "1'la,ear 10
"procurement Speclali st
. i
t
. ,
I '
!306 E. Jackson Street, aB. 'mlllpl', PJorldu 33003 · 813/27....8;," I
RECE1VEO DATE,: 08/21/96 09:36 fROM
.... .._' t
..
.
..
DAVIS METER
I-lUI.i .,' l' 1 '. " II, 11' II -4 '.
W tj'l ~'1tlUU'1 ~U
U~I C" 1'10
'I U: U'1 lJ' : U;) f V::J I~V: c:tto
t I. ,,~~..l:J""':
33
v'
PURCHASZNQ/JHS/ZR/^LY
RESOI.oU'1'lON NO. 96- 1 4 1 3
A RE~~UTXON APPROV%NQ THE BXU OF DAVXS METER ~ BUPPLV
FOR ~HE FURN%SH%NC OF C~R~A~N PROP~RTY, SUpp~X~S,
MATE~ALS OR IERV.CES FOR THe USB O~ THE WATER
Dl!lP~MJ:N'l', AU"l'nQI\XZXNQ THfJ D1:Ft!:c'I't)}i 01" PURCHASING TO
PURCHASE SAID PItOPI:I\':Y. IDUPPI,XES, MATfo:UlALS OR SERVICES t
PROV~XNC AN KFFECTXVZ DATE.
J
BE ZT RESOLVED UV THe eXTY COUNCXL
OF THE czT'Y OF TAMPA, FLOfU:OA t
seetLon 1. That the bid c~ Davi. Mstor ona supply ~or th.
pl.lreha.8e ~:t:
1
DOUb~~ Detector Cheo~ Valv..,
(B%O ~04-1-0619g6)
E.~i~ted Exp.n4itu~~E es,200.00,
I
R\JOn bid ".in", the 1 ow. at t.'lllllpona.!bl. bid 2:ac.:lv.~ th.l-eroJ;". J,_
h.rahy .~rov.dl .n~ the D1~.g~or o~ PurahaQ~n9 18 heraby
authQ~1e~d to purcnase Garno.
Haotion ~_ Th~t tne Dwar4 p.~1o~ .ha~~ DO ~gr a one-year
(~-y.ar) period ~rom ~h_ a~~egtiv. datM or '~h. .wa~dinq or
mpprQvin~ :~e801u~ion, and mar ba renaw8d on tho ea~Q tQr~p An4
ac"~1tion. for ~~O (2) addit on.~ on~-y.ar (1-year) pDrio~._ A
p~ic. ..c~~atlon/~e-..calation 1. a11Qwabl_ ono (1) year attRr th~
b.qinnincr . of th. award p..rio~ _n4 a't. one-y.ar (1-YQa'!') period
intervals ~th.r.aftB~. \
Soct::~on 3. rhai: i:h. ClOtit ahal.J. b. .>tp.hdnd from A,cnl')un~
Number 43~-400~22S700-0000.
Btlut.~un 4. That other propar Q~~1c.rG 01: thu (":f ty C'J~ '.l'Ampa
4~Q _utho~1z.d to do a11 thin9u n.c...~r.y ~n~ prnp~r ~n ord~r ~o
ulC~r)l out:. anet milk. g;tfactivo the provi*'1onft of' t-.hi n Rf!\"nlntion,
whlQh .hall ~~ko af~Qct lmmod1htc1Y upon it" ftrtop~ian.
,
PASS!lD .AND ADOPTED
f"t.oR:tOA, ~N ~Gv 1 S 1996
I
BY THE CiTY COUNOIL OF THE CXTY OF TAMPA,
?~~
CHAIRMAn, C~TY COUNCIL
/. ~~,'
C1'TY ClIBRX
APPROVED ~s TO FORM~
~'::~~'L,:J.. ~~~ ~.1"''v-~'-'-~
, l:s'1'ANT :C'I'l'Y ^'l-,'CmN8Y '/ 670
.__/ I
[.
TOTI=lL. p.~2
RECEIVED DATE ': OBIZ1/96 09;36 FROM
1-'~""''''''l~' t......,:..;".l. ".,Jr,W't"---- ......~ .
US FILTER DAVIS
ts' 8139800150
08/26/96 09:21 B :04/04 NO:388
. t ~,.'~
33.'
B%n U81'OKSIl
DOUBLlI DIft!BC!rOJt aBJJCK nLVD
w. tb. undUaJ.911C' .. bidder., hereby d41clarw tMt WG haVft ae.fully read thi.ll propoalU or
bid and th.. prov.f.eiou, t.l'1J1a and oonditJ.on. concem1n'il the ~ipment, matlU'1aL., auppU...
or aarvia.. .. ca1.1ed ten:, and w.lth full knowlK9tt and under.t:anc:U.n9 of tbe J:eqUil:_nta and
oondition., de h.r.by aar.. to 'turni..h an.c1 to d.Uv.~ u iDdJ.catltd, roa, City .aall.t.ty
Location, with all t~an.po:t&tion char;.. prepaid, and for th. pric.. quoted th.r~n ..
followl.
g1'Y 'Dln'1' . pSSCRIl''l'.ION tJ1tt!1' PJaCB IMn 1'Ja0l
10 EA 4 n bouble Detector Check Valve rc' crd
:(27-670-75-082 ) $~.8S' $ &,~.n I
r
40 EA 6" Double Detector Check Valve be> ~
1(27-670-75-083 ) $~ $~ 4o,lDoo.
,
10 EA en Double Deteot.or Cheek Valve $ J,I;; , .s-.~ , IA. I )'0 I ;/J
:(27-670-75-080) $
. . r
2 EA 10" Double Detactor check Valve C70 dd
:( 27-670-75-081) $ -z,30c. $ I./, ~OO I
/D ~ 2.00 . rJ
TOTAL AMOUNT OF BID: $
Please type or' print
Firm Namfl1
: /j{J. V'l S 'M.....-k,e... i= ~...p f (Q= ,
Type organization:
[ ] Individual [ ] Small Business ( ] Non-protit
[ ] Partnership ~corporation ()Jo1nt Venture
state ot FL cot'poration ID# (from Sec' y ot state): 8 II ( t.{ 3
State ot FL FictitiouS Name Reg.# (from See'y of State) :~r~,"'/~3"'04)OO ,.,
RepreII entatJ. va ~.. NamB: filW b R. ~ t... r .
AuthQri.zBd Rep~88entl1ti ve' II title: 11", (). /J ,..:1 1U -t-is.~
I 1..r3 z.. ?11A- (~ u,ve-
City: ~c;o.
!relephono No...: :..:t ~ c) - 0 z..". :s-
Federal I.D. #* ~J-Oc;( ~C;ID
Authorized si9llllturB: C I
Address:
St.ate: pt.-..- Zip: 6~~'"
Fax No.: '78(') - alSO
Invoice T8t']ll1l: AJ - ~ 0
Data:
~-,,-q~
CONTINUED NE~ PAGE
.'
,.
4 Item II
.r A I f"\ CLEARWATER CITY COMMISSION.....) Mccling Dale
C J ~ cI-- Agenda Cover Memorandum -5
'1.11. qG
SUBJECT: Approve a License Agreement For Rigbt-Or~Way with Sun Country Cleaners, Inc.
RECOMMENDA TIONIMOTION: Approve a License Agreement For Rigbt-Or-Way witb Sun Country
aeaners, Ine. ora portion of Lots 6, 7, 8, 9 and 10, Block C, COACHMAN HEIGHTS SUBDIVISION, as more
fully described in said agreement, for a tenu of5 years, with nn initial year license fee of$I,020.00 if paid at $85.00
per month; or, at Licensee's option, a single annual advance pnyment or $960.00, plus applicable sales taxes,
adjusting upward 4% annually, having an option to extend for three additional 5 year tenns, and aU other license
provisions as detailed in said agreement,
.
[!] and that the appropriate officials be authorized to execute same.
SUMMARY:
. Sun Country Cleaners, Inc. ("Licensee") opemtes a drop-off station in a 600 square foot building on a 25 foot wide lot
at 911 Court Street.
. The Licensee requested a right-of-way easement from the City across adjacent City owned property to allow for traffic
flow between Court and Chestnut Streets around its facility.
. An engineering consultant prepared a description of right-of-way premises containing 3,313 square feet, more or less.
.. The annual license fee has been calculated to yield an approximate 6% annual return on land valuations of $4.50 to
$5.00 per square foot as determined by several appraisals performed for the City within the immediate vicinity of the
license premises over the past two years.
. The term ofthe agreement is 5 years, with the licensee having the option to extend the agreement for three additional 5
year tenns providing licensee is not in default.
. Among other provisions, the agreement specifically provides that: a) Licensee will procure and maintain adequate
insurance as approved by the City's Risk Manager; b) Licensee will submit plans for a paved driveway to the
Engineering Department for review and comment prior to applying for site plan approval; and c).the Licensee will pay
any ad valorem taxes the agreement may create.
. The agreement may be tenninated by the City upon 30 days written notice should the City Commission determine the
premises are required for any other purpose.
Reviewed by:
Originating Dept.
Costs:
NfA
CommIssion Action
legal
~
Engineering
(Current FYI
Approved
Budget
NfA
NfA
User Dept.
Funding Source:
Approved
w/conditions
Purchasing
Capt. Imp.
Denied
Risk Mgmt.
Advertised:
Operating
Cont'd to
IS
Date:
Other
ACM
ENG.
Paper:
Not required:
x
OTHER
Affected parties
notified
Appropriation Code(sl
Attachments:
SubmItted By:
City Mj!e~
License Agreement
Not Required
x
Vicinity Locator Map
sun country Lie. AGN
I: .
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.
.
LICENSE AGREEMENT FOR RIGHT-OF-WAY
This
"Licenselt),
LICENSE AGREEMENT FOR RIGHT-Of-WAY (hereinafter,
is made and entered into this day of
, 1996, between the CITY OF CLEARWATER, FLORIDA, a
Florida Municipal Corporation ("Licensor") , and Sun Country
Cleaners, Inc., a Missouri Corporation qualified to do business in
the state of Florida, having a Florida mailing address at 321 North
Indian Rocks Road, Belleair Bluffs, Florida 34640(\\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 ESE T H:
1. Premises: 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, an exclusive License to utilize the following
described premises:
A PORTION OF LOTS 6,7,8,9 AND 10 IN BLOCK "e", COACHMAN
HEIGHTS SUBDIVISION, ACCORDING TO THE MAP OR PlAT THEREOF
AS RECORDED IN PLAT BOOK 20, PAGE 26 OF THE PUBLIC RECORDS
OF PINELLAS COUNTY, FLORIDA, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGIN AT A POINT LYING ON THE INTERSECTION OF THE WEST
BOUNDARY OF LOT 16 AND THE SOUTHEWRN RIGHT-OF-WAY BOUNDARY
OF COURT STREET, THENCE THROUGH LOTS 6,7,8,9 AND 10 OF
BLOCK "C", COACHMAN HEIGHTS SUBOTVISION ON THE FOLLOWING
.COURSES .MID DISTANCES: S 30"'03'20" W, 40.00 FEET; THENCE
S 00003'20" W, 138.34 FEET; S 44056'40" E, 28.28 FEET TO A
POINT BEING THE SOUTHEAST CORNER OF LOT 10 AND THE SOUTHWEST
CORNER OF LOT 20, BLOCK "C", COACHMAN HEIGHTS SUBDIVISION,
SAID POINT ALSO LYING IN THE NORTH RIGHT-OF-WAY LINE OF
CHESTNUT STREET, THENCE ALONG A LINE WHICH IS THE ~~T LINE
OF LOTS 16,17,18,19 AND 20, N 00003'20" E, 192.98 FEET TO
THE POINT OF BEGINNING.
CONTAINING 3,313 SQUARE FEET, MORE OR LESS.
2. Uses: Licensee shall have the right and privilege to use the
above described premises for right-of-way purposes between Court
and 'Chestnut streets by officers, employees, patrons and invitees
of Sun Country Cleaners located at 911 Court Street, Clearwater,
Florida 34616.
3. Term: The primary term of this
years and shall commence on
DATE~) and terminate on
DATE~), subject to Licensee having
provided in paragraph 5 hereafter.
License shall be for five (5)
, 1996 (~COMMENCEMENT
I 2001 ("TERMINATION
the option to extend the term as
Page 1 of 6
-.
4. Consideration: In consideration of the grant of this License,
Licensee shall pay Licensor at the address designated in Paragraph
11, ATTENTION: Cash & Investment Manager, the amount equal to ONE
THOUSAND TWENTY AND---NO/IOQ'S---DOLLARS ($I,020.00) annually
during the first twelve (12) months of this License, payable in
equal monthly installments of EIGHTY FIVE AND---NO/IOO,S---DOLLARS
($85.00) each, plus applicable sales taxes, all in advance; or, at
Licensee's option, NINE HUNDRED SIXTY AND---NO/IOO'S---DOLLARS
($960.00) payable in a single annual installment due upon the
Commencement Date, and annually thereafter upon the anniversary
date thereof, plus applicable sales taxes, all in advance. The
initial year rental as provided herein shall adjust upward by Four
Percent (4%) annually upon the Commencement Date anniversary
throughout the primary license term, and any extensions thereof~
5. Extensions: Licensee shall have the option to extend this
License by a series of three (3) additional terms of five (5) years
each so long as it has abided by the terms and conditions of the
License and is not in default hereunder.
6. Termination by Licensee: Licensee shall have the right to
terminate this License at any time upon the occurrence of any of
the following:
A. Licensee is unable to obtain site plan approval for
improvements as required under paragraph 10(A) and 10(B) hereof.
B. Licensee determines that the License Premises are no
longer required for its business purposes, and notifies Licensor of
its intent to terminate this License not less than thirty 30) days
prior to such termination.
C. Material default by Licensor in the performance of any
of the terms, covenants or conditions of this License agreement,
and in the failure of Licensor to remedy, or undertake to remedy,
to Licensee's reasonable commercial satisfaction such default for a
period of thirty (30) days after receipt of notice from Licensee to
remedy same.
At such time as any of the aforementioned events occur, Licensee
shall remove all improvements made to the license premises and
restore the premises to its origi~al condition as near as practical
practical, save. and except normal wear and tear and acts beyond
Licensee's control, whereupon 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.
Page 2 of 6
~
.
7. Termination by Licensor: . Notwithstanding anything in this
License to the contrary, Licensor shall have the right to terminate
this License upon delivery of written Notice to Licensee upon the
occurrence of any of the following:
A. In the case of failure to pay rent or other sums due under
this License within fifteen (15) days after receipt of written
notice thereof from Licensor; and,
B. In the case of any other default, within thirty (30) days
after receipt of written notice thereof from Licensor; provided,
however, where any such default cannot reasonably be cured within
thirty (30) days, Licensee shall not be deemed to be in default
under this License if Licensee commences to cure such default
within 'said thirty (30) day period and thereafter diligently
pursues such cure to completion.
. C. The Clearwater City Commission determines the License
Premises are required for any other purpose and delivers wri tten
notice of such determination to Licensee thirty (30) days prior to
termination.
.',
8. Liability/lndenmification: 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.
9. 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 Occurrence
Combined Single Limit for Bodily Injury Liability and Property
Damage Liability.
B. The City of Clearwater shall be named as additional insured.
C ~ The Policy shall provide coverage for any death, bodily
in3ury, personal injury or property damage that could arise
directly or indirectly from the performance of this license.
Page 3 of 6
i
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. Licenseet s obligation to carry the insurance provided
herein may be brought within the coverage of a tlblanket policytf 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 Ci tyt 5 Risk Management Office and approved
prior to possession of the license premises.
10. Other Provisions: Integral to the rights and privileges
herein grante~, the parties further agree as follows:
A. Upon commencement of this License, Licensee shall undertake
at its sole expense, preparation and submittal of a site plan for a
paved vehicular drive upon the license premises. Said plans shall
be submitted to the City of Clearwater Engineering Department for
review and comment prior to submittal for site plan approval.
B. Licensee shall construct, install, and at all times
maintain the improvements and premises and in compliance with all
applicable City of Clearwater codes.
C. Licensee shall be responsible for all expenses for
utilities required in the operations and maintenance of the license
premises.
i.
D. 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. However, Licensee shall have no liability or
responsibility for removal or remediation of any hazardous or toxic
substances or underground storage tanks or any underground
structures or conditions, if any, existing prior to the grant of
this license, or coming onto the licenses premises by actions of
parties other than Licensee, its agents, employees and invitees,
during the ter.m of this license.
Page 4 of 6
i....
I'l
E. At all times during the operation of this License,
Licensor shall have the right of entry upon the License Premises
for the purposes of maintaining at its sole cost and expense its
drainage facilities that underlay the License Premises, always
restoring the drive area impacted to its original condition as near
as practical.
F. 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.
11. 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:
Louis E. Keller Jr.
321 North Indian Rocks Road
Belleair Bluffs, Fl. 34640
12. Quiet Enjoyment: 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 term as stipulated herein, including any
extensions, without hindrance or interruption by the Licensor.
13. Attorney Fees: In the event either party hereto files an
action to enforce any covenant of this license, or for breach of
any covenant of this license, each party shall be responsible for
its own 'attorneys fees and costs.
14. Governing Law: This Agreement shall be governed by the laws of
the state of Florida and shall inure to the benefit of and be
binding upon the parties hereto and their respective successors and
assigns, and shall be enforced only in a court of competent
jurisdiction in Pinellas County, Florida.
15. As-Is Condition: The Licensee accepts the Licensed Premises on
an as-is basis and Licensor shall have no obligation to improve the.
License Premises.
16. Eminent Domain: If the whole or any part of the License
Page 5 of 6
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Premises hereby shall be taken by any public authority under power of
eminent domain, then the term of this license agreement shall cease
on the parts taken from the date title vest pursuant to such taking.
If such portion of the premises is so taken as to destroy the
usefulness of. the premises for the purpose for which the premises
were licensed, then from that day the Licensee shall have the right
to either terminate this license or to continue in possession of the
remainder of the same under the ter.ms herein provided. The parties
agree that the License shall not be entitled to any damages by reason
of the taking of this license agreement or be entitled to any part of
the award for such taking or any payment in lieu thereof.
17. Assignment or Sublease: Licensee shall not without first
obtaining the wri tten consent of the Licensor, assign, mortgage,
pledge, or enclmmer this License agreement, in whole or in part, or
sublet the premises or any part thereof.
18. Entire Agreement: This License Agreement contains all of the
terms, conditions and covenants binding the parties hereto. There
shall be no other terms, condi tions, 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
Approved as to form
and..teg~l sufficiency:
By:
Elizabeth M. Deptula
City Manager
Attest:
John Carassas, Asst. City Attorney
Cynthia E. Goudeau, City Clerk
SUN COUNTRY CLEANERS, INC.
B~..
. . K r, Jr., {resident
Page 6 of 6
KellerLlcense96
LOCATOR MAP: LICENSE PREMISES
RETEN&lON POND
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Item #
CLEARWATER CITY COMMISSION 35
Agenda Cover Memorandum , Meeting Date
q~'<1~'
SUBJECT: Qearwater Pass Bridge - Professional Services Agreement, Supplemental Agreement No.9
RECOMMENDA TION/MOTION: Approve Supplemental Agreement No.9 to the Consultant Services
Agreement with David Volkert & Associates, Inc. . providing for preparation of Record Drawings and to provide a
redistribution ofthe approved payment amounts in Phase II ofthe agreement with no increase to the agreement amount.
Ef\13
~ and tltat the nppropriatc officials be authorized to execute same.
SUMMARY:
. The purpose of Supplement Agreement No.9 to the Professional Services Agreement with David Volkert & Assoc.,
Inc. is to rearrange the available approved funding for Phase IT (Construction) to provide funding for the preparation of
record drawings.
. The preparation of record drawings was originaJly provided for in Supplemental Agreement No.8. however during the
construction of the bridge the City and the FOOT requested additional assistance from Volkert to provide: preliminary
evaluation of various alternatives to accommodate sport fishing; to evaluate aesthetic lighting alternatives and to design
an aesthetic lighting system; to provide evaluation of unusual bridge foundation production delays and drilled shaft
installation problems; and to provide claims assistance.
. During the construction phase of this project the FDOT, adjacent property owners and the City of Clearwater required
changes in the scope of work that resulted in a shortage of funds to complete all the tasks originally included in
Supplemental Agreement No.8.
I
. The Supplemental Agreement No.9 provides for the transfer of $12,356.37 of unused out-of..pocket funds from
Supplemental Agreement No.4 to the Supplemental Agreement No.8 lump sum price for additional work in Phase 2.
. The completion of the Record Drawings will complete the responsibilities of Volkert as Engineer of Record for the
CleatWater Pass Bridge Replacement project.
RovIowed by:
Costs:
o
Commission Action
Legal 77Y:? -
Budget NA
(Current FYI
Funding Source:
Approved
Approved
w/conditions
Purchasing
NA
Capt. Imp.
Denied
Risk Mgmt.
NA
Advertised:
Date:
Paper:
Not required: )(
Affected parties
notified
')\
Not Required )(
Operating
Cont'd to
IS
NA
Other
ACM
ENG.
Appropriation Code(s)
Attachments:
OTHER
Submltted BV:
Ci~ Manage~~
Supplemental Agreement No.9
,.. !d ',.
-
"'!; -. DAVID
v9J5~&.
I::n~inecrs ,. Architecls · Planners
August 19,.1996
.
Proj:? 801000.13
Mr. Terry C. Jennings, P.E.
City of Clearwater Public Works Department
Post Office Box 4748
Clearwater, FL 34618
. .
,.
Reference: Agreement for Professional Services for Project Development
. and Environmental Study and Construction Plans for
Clearwater Pass ]!.ridge
.
- "
. Dear Mr. Je~gs: -
Attached is a proposed Supplemental Agreement to the referenced
Agreement. This supplement outlines a redistribution of the approved
anlQunt and provides for no increase_in the total contract amount. As the
project has evolved, it has become evident that the demands of the project
and responses to the needs of the City and FOOT is requiring more
construction assistance work than was originally anticipated but fewer out-of-
pocket expenses and subconsultant survey services which we are proposing to
utilize to offset the unanticipated requirements.
s, .
If yoq)rave any questions or wish to discuss this matter, please contact us.
.. .
....
"
'Very truly yours,
...
.. .
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, .
r DAVID VOLKERT &: ASSOCIATES, me.
C--/ ~--;;?" c(" ~
Thomas C. White, P.E.
i Vice President and Chief Engineer'
Enclosures
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.....
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W.P.I. NO. 7126698
STATE JOB NO. 15140-1518
F.A.P. NO. BRM-1255-(8)
F.E.I.D. NO. 63-6008050
CITY OF CLEARWATER, FLORIDA
SUPPLEMENTAL AGREEMENT NO.9
CONSULTANT AGREEMENT
, .
,
,
, ..
THIS AGREEMENT, made and entered into this day of .
1996, by and between the City of Clearwater, Florida, hereinafter called the City, and
David Volkert & Associates, Inc., of 3409 West Lemon Street.. Suite One.. Tampa,
Florida 33609, hereinafter called the Engineer.
WITNESSETH
WHEREAS, the City and the Engineer heretofore on February 10, 1989 entered into
an agreement whereby the City retained the Engineer to furnish certain consulting
services in connection with the PD&E Study and Design Package for Clearwater Pass
Bridge in Pinellas County; and '
...'\0
WHEREAS, Am~ndment Nos. 1, 2, 3, 4, 5, 6, 7 and 8 providing additional
informati9n for permitting agencies, delegating ser.vices to be performed by
subconsultants to the Engineer, meeting certain surveying and FOOT requirements.....
along with'increased salary costs, providing additional utility services and providing
post-design services plus additional permitting services, was approved by the City
on December 8, 1989; May 29, 1990; September 12, 1991; February 21, 1992;
September 22, 1992; F~bruary 1, 1993; October 28, 1993;.and Aprill~,.1994; _. ~
.;..
WHEREAS, the City has determined it necessary, within the general description of
the project as originally planned, to require certain changes in services of the
Engineer and that the Engineer be granted increased comp~tionj
NOW, THEREFORE, 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 services as modified by the Scope of Services as modified by Exhibit A..
attached hereto and made a part hereof, and that the total authorized amount shall
not increase.
Except as hereby modified, amended or changed, all of the terms and conditions of
said agreement and any supplements and amendments thereto shall remain in full
force and effect.
;'~.'
Page 1 of2
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IN WITNESS'WHEREOF, the parties hereto have accepted, made and execUted this
Agreement upon the terms and conditions above stated on the day and year first
above written.
ENGINEER
.
CITY
DAVID VOLKERT & ASSOCIATES, INC. CITY OF CLEARWATER, FLORIDA
3409 West Lemon Street. Suite 1 112 Osceola Avenue South
Tampa, FL 33609, Clearwater, FL 34616
.BY~'~
J W. Roberts, P .E. .
Senior Vice President
~ buow~cO
Attest ~
-
f-/9- 9ro
Date
By
City Manager
Elizabeth M. Deptula
Mayor. - Commission
Rita Garvey
Attest:
. ...
,....
-........
.. City Clerk
Cynthia E, Goudeau
Approved as to form and correctness:
...
,
I.
City Attorney
Pamela Akin
Date
Page2of2
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EXl-DBIT II A It
SCOPE OF SERVICES
1.. PURPOSE
In accordance with the Agreement dated February 10, 1989, the Engineer was required to
provide documented infonnation necessary for the City to reach a decision on the type,
design and location of improvements for the Clearwater Pass Bridge from Sand KeY to
Clearwater Beach in Pinellas County. In addition, the Engineer was required to provide
the construction documents for the approved bridge improvements and to provide post..
design services. The City desires the Engineer to perform further post-design services.
The services and change~ to the Agreement are assigned by the Supplemental Agreement
No.9. -
JuSTIFICATION AND SUMl\1ARY OF SERVICES
2.
A. _ Amendment No; 8t dated Apri112, 1994t provided for assistance during
.oonstruction corre:sponding to post.de~igo services which are nonnaIly required of
...
the Engineer of Record by FOOT: It is recognized that since the Engineer has.no
direct control over the construction activities, the actual effort requi{ed by the
Engineer may vary significantly from that estimated. Services which may be
required which are in excess of the amount budgeted are considered to be beyond
the-scope and a supplemental authorization ~ be justifi..ed. .'\.
Responding to the needs of the City and FOOT in a timely manner, so as oot to
impede the construction activities, has required the Engineer to provide services
greater than originally anticipated, such that insufficient authorization for
professional services remains to complete the project In order to complete the
remAining work, the Engineer will perform the work utilizing 512.)56.37 in
reassigned funds from the unused Phase U authorization under 2 B.
B. Under the Agreement dated February 10, 1989, and subsequent Amendment No.4
. dated February 21, ]992, professional fees were assigned to the Engineer for out~
of-pocket expenses and to subconsultant finns for the delivexy of specific
professional services. These expenses and subconsuJtant services have been
completed with budget remaining.
.
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. 3. SUMMARY OF FEES
The change in assignment of fees shall not increase the total authorized Phase II
amount
A. In order to compensate the Engineer for additional work efforts in accordance with
Item 2.A., the Engineer shall receive an increased amount not to ex.ceed
$12,356.37.
B. . The authorized amount f?f the work under 2. B. ~haJl be decreased by $12,356.37.
A. DETAILS OF ADDEDIDELETED SERVICES AND FEES
For details of the added/deleted services and fees, see Exhibit B.
. 5. - MErnOD OF PAYMENT
Payment shall be in accordance with the original agreement, Exhibit Bt IV and as
expanded as follows:
For the addition...~ work efforts in accordance with Item 2.A.t payment shall be
based on nTanhours expended on the project by each classification of personnel
involved in accordance with the attached Compensation Schedule (Attachment
B-1) plus out-of-pocket expenses. .
...
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EXHIBIT B
PHASE'II Increased! Amended
.
Contract Decreased Contract
David Volkert & AssocIates Amount Amount Amount
Upset LImit Upset Umft
Post Design ServIces $136,803:00
Subtotal (Upset Urnlt) $136,803.00 $12,356.37 $149,159.37 '
Lump Sum Lump Sum
Construction Plans $334.666.00
Supplement 4 $54.945.00
Subtotal $389.611.00
Supplement 5 $22.952.00
Supplement 8
- Section 3.A & 3.B $21.0~8.00
" . Subtotal (Lump Sum) $433,591.00 $0.00 $433,591.00
. Upset Limit Upset Limit
. Out.of.Pocket Expenses
Volkert (Original) $11,900.00
Volkert (SuPJ)lem1*lt 4) . $1.229.00
$13,120.00 ($7,247.97) - $5,872,03
Subconsultants
1. Surveys (OrigInal) $2.300.00 -
- Surveys (SuppJe~nl ~ . $15.843.QO
.. ~ ~\o
$18,143.00' 1$5,108.40) $13,034.60
2. Geotechnical (Original) $107,500.00
Geotechnical (Supplement 4) $7.228.24
. GeotechnlcaJ (Supplement 6 $45.249.12
, . $159,9n.36 $0.00 $159,9n.36
?: Subtotal (Upset Umil) $191,240.36 ($12,356.37) $178,883.99
. .
<'.! TOTAL PHASE II $761.634.36 $0.00 $761,634.36
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Septanbcr 17, 1996
801000.13
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EuIPII~". AnIhl~"'. Mand....
Mt.IUchard J. Haier. P.E.
City EnlPnccr
City ofClear"Mtler PubU~ Wm'kJ Department
Post Oftico Box 4743
Cle8lWater, Florida 34618
Reference: CJ~t.tr Pass Bridge
W.PJ No.: 7126698
S.P. No.: 15140-1518
F.A. No.: BRM..l25S.(8)
PinellI! Cowrty
LPt ~+: ~~~
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Subject:
~t tOr Professional Service.~ for
Pruj.tc:l Devclopmc.at and EnviroDmJmtal Study and
Construction Plans fOf Clca;rwater PPI arll.lae
Dear Mr. 'Raier:
We recently ~uesled th~t prnJect 1\1nds be shifted to allow us to pc:UoDn the Record Drawings
work.
To the best of our knowledge, this ia ~ only outsllmdiua: wozk for m em tha project after v"bil.:h ow
SCtVlcC3 will be fully completed.
~~~I~.~.
Very tntlyyours, ~~ t.f'~
DAVID VOLKERT & ASSOCIATES, INC. V~ ~..( ll...lA ; ~...v
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Vice President ODd Cbicf'EllIinoer ~ . 'V-.&i.J..,."~d'''lJl'
TCW/lDll . tr "3 ~
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.J4U'i1 WeM IAmun Sntet · Sl.l1te 1 · TAn1p*. FJ.;\''\OOO · (813t tm..1J(",-; . tOM (813) 874.76'6
A.....
Bir"'11"'4~m. Ar. (Jar Shore, AL JJubik:. AI. WWuool.tlll\ W-.b1ntton. DC rl. WlIhuI, Bwcll, Ill. Mlanti. tl. Ntw OtklroN. 1.It.
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Item #36
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EN 5
Clearwater City Commission
Agenda Cover Memorandum
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Item #: 1:!'~} ~/:,~;:,:;y;::::';.~':~.1
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Meeting Date: t'i;"':'~"::" .;::~'.;"." .'-':]
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SUBJECT:
Contract for Parking Attendant Services - Beach Lots
RECOMMENDA T'ON/MOT'ON:
Award a contract for parking attendant services at the Pier 60 and S. Gulfview parking lots for
the period 10/01/96 - 09/30/99 to Central Parking System of Florida, Inc., Tampa, FL, at a cost
of $802,158.00 which Is the lowest most responsive bid submitted in August 1996 in
accordance with the specifications,
lEI and that the appropriate officials be authorized to execute same.
BACKGROUND:
· Attendant parking began at Pier 60 in April, 1990 and at the two S. Gulfview lots in March,
1993.
· Bids were received August 15, 1996 to provide parking attendant services for these three lots
(718 spaces).
· Eight bids were solicited and five bids were received.
. The specifications requested a three year contract.
· The low bid, Central Parking System of FL, Inc" is $802,158.00 which is $22,282.17 per month.
. Republic Parking Systems has provided the attendant parking services since its inception.
· Republic Parking Systems' monthly rate since October 1, 1993 has been $ 21,717.50.
· The recommended contract reflects a 2.6% increase over the amount for the last three years.
. The annualized revenue per parking space for attendant parking in the three beach lots is
$1,425.00.
. The total annual revenue for the three beach lots is $1,023,000.
. The estimated cost of utilizing city employees to perform these services on an annual basis is
$335,441, which is $68,055, or 25%, greater than Central Parking Systems bid.
· Funding for this contract is Included In the 1996/97 City Manager's Recommended Operating
Budget for Parking Fund Contractual Services.
Reviewed by: Originating Doportmont: Costs: Commission Action:
uglll engineering I Parking S. $ 802.168 o Approved
Budget Toeal o Approved w/Cond/donl
Purchaalng User Department: I o Denied
R/ak Mgmt. engineering I P.rklng Current Fllcal V..r o ContInued to:
IS N Funding Source:
ACM [] c.pft"
l~wlMnt:
Other Advertlled: f8I
Op.ratlng:
Date: 8/2/96 & 7/26/96 0 Attachment!!:
Other:
Paper: Tampa Bay Revlaw; Bid Tllb 169.96
(ffi) Tampa Tribune
":ontrect
Submitted by: 0 Noc Requ/red Appropriation Code
fl4M - Affected Partlos: 436.01333-630300-646-000
181 No,lfIe d o None
CI anllgar D Not Required
o Prlntod on recyclad paper
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CONTRACT
This CONTRACT made and entered Into this day of ,
19_, by and between the City of ClealWater, Florida, a municipal corporation,
hereinafter designated as the "City". and Central Parking System "f F}a1~, J:..,.t,
hereinafter designated as the ilContractor".
WITNESSETH:
I
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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 $ 267 t 386.00 per year ($2 2 t 282. 17per month) to
be paid by the City to the Contractor, shall and will at its own cost and expense
perform aU labor, furnish all materiafs, tools and equipment for the following:
A three (3) year contract beginning Oc tober 1 t 1996, and ending
September 30, 199? to provide parking attendant services under
the specifications described in Exhibit A.
In accordance 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 if any.
which may be herein referred to, are hereby made a part of this contract, and all
of said services to be performed by the contractor and its successors and
assigns shall be fully completed to the satisfaction of the City.
If 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 services to be performed by the Contractor, then the City, may
at its option, cancel the contract and proceed to complete such services 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 TtiE CONTRACTOR OR
THE CONTRACTOR'S SUB-CONTRACTORS. AGENTS, SERVANTS OR
EMPLOYEES RESULTING FROM ACTIVITIES BY THE AFOREMENTIONED
CONTRACTOR, SUB..CONTRACTOR, AGENT SERVANTS OR EMPLOYEES.
In addition to the foregoing provisions, the Contractor agrees to conform to the
foHowing requirements:
In connection with the performance of services under this contract, the
Contractor agrees not to discriminate against any employee or applicant for
employment 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 training, 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.
I.
The Contractor further agrees to insert the foregoing provisions in all contracts
hereunder, including contracts or agreements with labor unions andlor workers
representatives.
It is mutually agreed between the parties hereto that time is of the essence of
this contract, and in the event that the services to be performed by the
Contractor are not completed in the time and manner stipulated herein, the City
may cancel this contract and may deduct from such sums or compensation as
may be due to the Contractor the sum of Ten Dollars ($10.00) per hour for each
hour that the services were not performed by the Contractor, which sum shall
only and solely represent damage which the City has sustained by reason of the
failure of the Contractor to provide the contract services. It is further agreed
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 perfonn all services as
specified in this contract.
It is further mutually agreed between the City and the Contractor that if, any time
after the execution of this contract and the surety bond which is attached hereto
fOT the faithful performance of the terms and conditions as contained herein by
the Contractor, that the City shall at any time deem the surety or sureties upon
such performance bond to be unsatisfactory or if, for any reason. the said bond
ceases to be adequate In amount to cover the perfonnance of the work the
Contractor shall, at his or its own expense, within ten (10) days after receipt of
written notice from the City to do so, furnish an additional bond or bonds in t;uch
2 ,
term and amounts and with such surety or sureties as shall be satisfactory to the
City. If such an event occurs, no further payment shall be made to the
, Contractor under the terms and provisions of this contract until such new or
additional security bond guaranteeing the faithful petiormance of the work under
the terms hereof shall be completed and furnished to. the City in a form
satisfactory to it..,
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.
Countersigned:
FLORIDA
CITY OF CLEARWATER,
, .
I,: ,!
I ' .
Rita Garvey.Mayor~Commissioner
. Manager
By:
Elizabeth M. Deptula, C(ty
Approved as to form and
regar sufficiency:
Attest:
. "
John' Carassas, Asst. City Attorney
Cynthia E. Goudeau, City Clerk
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Sgp-19-96 09:aSA P.02
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Interoffice Corrospondonce Sheet
From:
Elizabeth Doptula, City Manager
Rich Baler, City EnglnBsr
Tracey Bruch, Parking Facilities Manager
To:
cc:
....
Date:
5u~iviiiuur i~, i ~96
RE:
CENTRAL PARKING SYSTEM AGENDA ITEM (9/19/96)
Per the discussion 8t the 9/16/96 work session:
. ATTENDANT
. The average annual gross revenue per space for the three attendant lots Is
$1,425, or $1,023,160 per year. Aates are $1.00 per hour or $7.00 for the dally
maximum. This amount Is based on 718 parking spaces.
. Based on the current annual revenue for the three lots ($1,023,000), the net
revenue for the term of the 3 year contract with Central Perking System would be
$2,234,342 or $1,090/ space I year.
Revenue
$ 1,023,000 )( 3 years
=
$ 3,069,000
802,158J
32.(00)
Expenses 3 yr. Contract wi Central Pkg,
Electronic Equip.Malnt.(Parts/Labor)
($407 I space I year x 683 spaces.)
Total Net Revenue
Total Net Revenue I space I year
$ 2,234,342
$ 1,090
-The current loss of 35 spaces for the construction of the new Plor 60 Park has
been factored Into the expense total.
METERED
· . The average annual gross revenue per space for the same three lots during the last
full year the lots were metered and the rates were $.150 per hour was $ 741. At
that time there were 798 spaces.
· Expenses to oporate the three beach lots if they are metered at the same rate as
the attendant parking ($1.00 I hour) would be approximately $78 I space I year,
based on 798 metered spaces. These expenses include the actual meter costs,
maintenance ports 8. labor. However, enforcement was not included but it Should
SQP-19-96 09:36A
P.03
r-e. = 3k;:
Central Parking System Agenda Item (9/19/96)
Page 2
i .
be assumed thet additional enforcement staff would be required to enforce these
sp&Ce3.
. Revenue proJections for metors would be calculated by decreasing the current
annual attendant revenue of $1,023,000 by 10% which Is $920,700 or $1,207 I
space I year (based on 763 spaces - which is 35 fewer spaces due to the recent
construction of the new Pier eo Park). The 10% decrease Is assumed because
there will be times when vehicles are parked at expired meters.
T' . : ~ . .
!:
Revenue ' $ 920,700 x 3 years - $ 2,762,100
Expenses $ 59,514 x 3 years - l 178.5421
($78/space/yr X 763 spaces)
Total Net Revenue $ 2,583,558.
Total Net Revenue I space I year $ 1 ,129
..
-:'1
. iUMMARY
"
The expense per' space per year for:
Metered
$. 78
$ 407
Attendant
.~ '
When looking at the net revenue figures I space I year, please note the total
number of parking spaces Is different. That is, metered parking would Include 763
spaces and attendant parking does Include 683 spaces.
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CITY
OF
CLEARWATER
POST OFFICE BOX ..7..0
CLEARWATER. FLORIDA 3~61B.4748
Cltv Monogor
REVISED
VIA FAX (813)251-2769
. September 19, 1996
.
I:
Mr. Eric M. Vasterling
Regional Vice President
Republic Pa'rking System
710 West Bay Street
Tampa, FL 33606
Re: Bid 169-96 - Parking Lot Attendant Services
II
.1
!
1
Dear Mr.' Vasterling:
Your response was due to me on September 13, and therefore was not timely filed.
However, I reviewed the appropriate bid documents and your letter which I received
September 18, 1996. Central Parking System of Florida, Inc. met all requirements on bid
documents and they are also the lowest bid,,. as conceded in your correspondence.
I
I
"
Since Central Parking System's bid did supply the appropriate information for a 3-year
contract, I would have sustained Mr. George McKibben's decision, if your protest was
timely filed.
.s~~
I j
William O. Baird .
Acting Assistant City Manager
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'. Equal Employment and Affirmative Action Employer.
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SUBJECT:
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. ISSUE OA TE:
PREBIO CONFERENCE:
MAIL BIDS TO:
, .
DELIVER BIDS TO:
BIDS MUST BE RECEIVED
NOT LATER THAN:
~ , '~
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ErJ 5 (!;~v'- ~c.lc.- q~~
'3(:
CLEARWATER
C I T Y
OF
POST OFFICE 80X .7..8
C LEA R W ATE R, F LOR IDA 3 4 6 1 8. 4 7 4 B
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TRAr'JSPORTAfiQrJ
Invitation for Bid - 169-96
Parking Lot Attendant Services
July 23, 1996
None
City of Clearwater
Purchasing Division
P.O. Box 4748
Clearwater, FI 346184748
City of Clearwater
Purchasing Division
100 South Myrtle Avenue
Clearwater, FL 34616
August 15, 1996 - 11 :00 A.M.
Bids may not be withdrawn
within 90 days after such
Z;'/~~
George E. McKibben, CPPO, C.P .M.
Purchasing Manager
0'
()\J e"f"
"Equal Employment and Allirmallve AClion Employer"
STATEMENT OF NO BID 169-96
NOTE: If you do not intend to respond, please return this only.
,J
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City of ClearwaterlPurchaslng
P.O. Box 4748
Clearwater, FL 34618-4748
"(0-
I ' " '
We, the undersigned, have declined to bid on the above noted invitation for Bid for the
following reason(s):
Insufficient time to respond to the Invitation for Bid.
. Do not offer this product/services.
Our schedule will not permit us to perform.
Unable to meet specifications,
Unable to meet insurance requirements.
Specifications Wlclear (please explain below).
Remove us from your "Bidder Mailing List."
Other (please specify below).
REMARKS
We understand that if a uno bidu statement is not returned, our name may be removed
from the the Bidder's List of the City of Clearwater.
COMPANY
NAME:
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DATE:
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BID RESPONSE FORM (169-96)
Item Quantity
Total
1.
1 lot
Parking Lot Attendant Services
s
BIDDER REPRESENT AnON
. I represent that this bid is submitted in compliance with all terms, conditions and
specifications ,of the Invitation for Bid and that I am authorized by the owners/principals
to execute and submit this bid on behalf of the business identified below.
BUSINESS,
NAME:
STREET
ADDRESS:
CITY; STATE, ZIP
CQDE:
PRlNT/TYPE NAME OF AUTHORIZED
REP:'
TITLE/POSITION OF AUTHORIZED
REP:
SIGNATURE OF AUTHORIZED,
REP: '
DATE
SUBMlTIED:
FAX NUMBER:
(per Specifications)
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Annual Contrtact: 10/01/96 - 09/30/')'1
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. Co'ntact Tracey Bruch, for any questions regarding this bid at 813/562-4771.
, Please return two (2) copies of Bid Response
F.O.B. CLEARWATER
Start Date:
after receipt of order.
Payment Terms:
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~PEClEJCA nQNS F9R PARKING ATTENDANTS - BEACH LOTS
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GENERAL;
Provide uniformed, well-groomed, well trained/competent and courteous personnel
to collect I secure and deposit monies from three (3) beach parking lots as instructed
by the City of Clearwater's Traffic Engineering/Parking System staff. Additionally,
securing designated beach parking lots, when necessary. as instructed by
Clearwater Police Department personnel.
Every aspect relating to the operation of the parking lots are to be handled by the
vendor. This would include personnel recruitment, scheduling. cash control,
customer relations, cleaning. minor repair of booths and parking equipment, and
securing deposits and other such aspects that may arise in the course of the
operation.
Minor repairs/adjustments include preventive maintenance and gate arm
replacement (to be supplied by the City) when City staff is not available. City staff is
responsible for performing all major repairs to the parking equipmenUbooths, atc.
Major repairs include all electronic work as well as anything not ('.overed under minor
repairs.
In addition to providing parking attendants to perform the day-to-day operations, a
local (within 50 miles) management staff will be involved on a daily basis to review
, the parking operations. Specifically, full-time on site management will have the
responsibility of handling all of the day-to-day matters.
The parking lots are operated as pay-upon-exit facilities equipped with revenue
control equipment and automatic gates (Federal ADP equipment). Additionally, all
cashier booths are equipped with a telephone and directly able to contact the
Clearwater Police Department Communications Center for emergencies.
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Page 2
BID SPECIFICATIONS. PARKING ATIENDANTS
07/09/96
R~!jPONSIBILlTY;
Parking Attendant's responsibilities Include. but are not limited to:
. . Operates a revenue control fee computer for the purpose of collecting
hourly parking fees and balances cash drawer with .Cash Report" from the
fee computer at the end of each shift.
. Monitors the entrance gates at each facility to ensure proper "fulllt signs
are properly placed. This responsibility may require an additional staff
member, other than the attendant(s) in the booth(s), during certain times of
the year.
. Fills out necessary cashier reports at the end of each shift.
. Clears ticket dispenser of jammed tickets and fills when necessary.
. Cleans the attendant's booth and area immediately surrounding the booth
as well as aU equipment cabinets.
. . Assists customers when necessary (either entering or exiting lot).
,'. Explains charges and gives routine information to the public including any.
. handouts, maps. etc. which are provided by City staff only.
. Secures designated parking areas with barricades, gates, conesl Jot full
sign placement; etc. (provided by the City) as instructed by City staff.
. ALL PARKING ATTENDANTS MUST BE BONDED ($25,000).
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Page 3
BID SPECIFICATIONS - PARKING ATTENDANTS
07/09196.
Management responsibilities Include, but are not limited to:
,
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. Ensures all parking lots are properly staffed in accordance with
established hours of operation. A bank of personnel (attendants) should
be established to ensure a uniform operation to provide fill-Ins for last
minute Mno-shows..
. ' Ensures all attendants are well..groomed, trained. informed of all policies
and procedures and are keeping booths clean and orderly.
. Trains all attendants on the fee computer/gate equipment and informs
them of all policies and procedures.
. Responsible for providing fee computer. cashier and entry/exit
reconciliation reports. These reports should be audited and organized
" before they are turned over to the City on the following business day.
.. Secures the deposits from each shift of each lot and makes daily and
nightly deposits at a local bank as instructed by City staff.
. Responds to attendants in case of any report of troublel breaks, etc.
. Serves as liaison for the City's needs in respect to the actual operation of
the lots and keeps the City updated on the operation and is available 24
hours a day, seven days a week to handle any situation arising at the
. beach lots.
. ALL ON-SITE MANAGEMENT MUST BE BONDED ($25,000).
GENERAL SERVICES TO BE PROVIDED:
The City expects the operation of the beach parking lots to operate in a professional
manner. All personnel should understand they are representing the City of
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BID SPECIFICATIONS.. PARKING ATTENDANTS
07/09/96
Clearwater whiJe they are operating the lots. The City reserves the right to require
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an employee be terminated due to Incompetence, inappropriate actions or behavior
in any respect. This request would be discussed with the appropriate vendors
management staff prior to any actions.
Prior to beginning the contract, the vendor will develop a .Standard Operating
Procedures. manu~lln conjunCtion with City staff to ensure clear understanding of
the parking attendant services to be provided and to serve as an operations manual
for the on;'site management.
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The following responsibilities Include, but are not limited to:
. Accident and security violation procedures
. Transaction procedure's
. . Customer service standards
. Attendant uniform requirements
. Cash control procedures
o. Cashier booth cleaning/maintenance
. Employee parking
. . Employment procedures and qualifications
. Equipment maintenance
.0 General maintenance
. Operational schedules
. Special parking programs
. Special event parking
. Police I Fire information
On~site customer service training is required for all staff. The importance of good
. customer relations I customer service should be stressed to all staff members. This
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BID SPECIFICATIONS - PARKING ATTENDANTS
07/09/98
training should be accomplished on an annual basis or more often if deemed
~ecessary whether by the City or Vendor.
All cleaning supplies/materials, office supplies, spitter tickets, ribbons/register paper
for revenue control equipment will be supplied by the vendor. For security purposes,
at time to time, the vendor may feel the cashier booths will need rekeyed and the
safes recombinated; this is also the responsibility of the vendor.
The vendor is responsible for providing the necessary funds to make change for the
customers. The current rates are $1.00 per hour. charged in 15 minute increments
($~25 for 15 minutes).
REQUIRED STAFFING MODEL
PIER 60 PARKING LOT 1250 parkino spaces.. 2 exit lanes):
1 Attendant
2 Attendants
1 Attendant
7;00 a.m.
11 :00 a.m.
7:00 p.m.
11 :00 a.m.
7:00 p.m.
1 :00 a.m.
NORTH GULFVIEW PARKING LOT (281 parkinq spaces.. 2 exit lanes):
2 Attendants
1 Attendant
10:00 a.m.
6:00 p.m.
6:00 p.m.
10:00 p.m.
Note: lot ope~s at 7:00 a.m.; however, attendant is not on d~ty before 10:00 a.m.
Any vehicles exiting lot before 10:00 a.m. or after 10:00 p.m. will exit'via the "by-
passlt lane through the South Gulfview parking lot exit.
Page 6
BID SPECIFICATIONS. PARKING ATTENDANTS
07/09/96
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:;OUTH GULFVIEW PARKING LOT (183 parklnQ spaces - 2 exit lanesl.;.
1 Attendant
2 Attendants
1 Attendant
1 Attendant
7:00 a.m.
11:00 a.m.
7:00 p.m.
1 :00 a.m.
11 :00 a.m.
7:00 p.m.
1 :00 a.m. (Monday - Thurs.)
2:30 a.m. (Friday. Sunday)
All of the hours listed above are the actual hours of operation for the lots. Any
additional hours for opening and closing. functions should be considered In
the bid.
On-site management is required during all hours of operation.
In the preceding staffing model, all of the notations that require one (1) attendant
may actually require two (2) attendants during certain times of the year (i.e.. spring
break. special events. holidays. etc.). Conversely. during the off-season. when two
(2) attendants are required; one attendant may actually be required (i.e., inclement
weather days during the winter months. storms. hurricanes. etc.). Although, the
vendor should be prepared at all times to staff the lots. As an example. the beach
may experience stormy weather in the morning hours and clear up in the afternoon
thus resulting in "full" parking Jots. When schedUling staff, these factors should be
considered. It has been our experience that through proper management and
foresight, the flexibility of hours has roughly equaled the number of hours in the
required staffing model listed above.
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BID SPECIFICATIONS. PARKING ATTENDANTS
07/09/96
FISCAL RESPONSIBILITY OF VENDOR:
. Deposits ,must match .Cash Reportslt and any shortages will be the
responsibility of the vendor.
. Ticket reconciliation must be performed on a dally basis and any
shortages will be the responsibility of the vendor charged at the daily
maximum (currently $7.00/ day).
gUAlIFICATlONS OF BIDDER:
. At least three (3) consecutive years of a successful history of cashier
operated parking lot operations is required.
. References must be made available upon request.
f.
REqUIREMENTS OF BIDDER:
.. Must meet the City of Clearwater's General Conditions.
. Must be able to contact a supervisor 24 hours a day. seven days a week. .
. Must provi.de a bond on all personnel within 15 days upon award of bid.
. Must possess an occupational license with the City of Clearwater.
METHOD OF COMPENSATION FOR SERVICES:
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. Payment by the City will be made on a monthly basis (1/12th of annual
amount) based on the vendor's verification of attendant hours per above
specifications.
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BID SPECIFICATIONS. PARKING A nENDANTS
07/12/96
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· Non..compliance for understaffing/cash shortages per specifications will be
withheld from monthly payments.
. A penalty of $10.00 per hour will be charged for each hour that does,
not comply with the required staffing model.
LENGTH OF CONTRACT:
The contract shall run for a period of three (3) years. Cancellation of the contract by
either party, or by the City if performance is not satisfactory. shall occur at any time
by giving written notice of such cancellation to the other party at (east ninety (90)
days prior to the date of cancellation specified in such notice.
OTHER CONSIDERATIONS:
The successful bidder shall, at its expense, secure insurance coverages as required
by these bid specifications and provide to the City Certificates of Insurance as may
be necessary to comply with the requirements of Exhibit A (Insurance Requirements)
attached hereto and made a part hereof prior to beginning performance of any work
provided for in the bid specifications.
BID:
Bids should be submitted based on a proposed annual operating amount to perform
the above specifications. Any party providing services to the City will be expected to
enter into a written agreement, contract, or purchase order with the City that
incorporatesl either in writing or by reference, all of the pertinent provisions relating
to insurance and insurance requirements as contained herein. A failure to do so
may. at the sole option of the City, disqualify any bidder or proposer of services
and/or products to the City.
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BXHIBrl' A
IBStJRANCB REQUI.REHBm.'S
The bid will. procure and maintain the followinq insurance
coverages
1. Workers' Compensation and Employers' Liability--the
bidder ahAll procure and maintain for the life of this
purchase order, Workers' Compensation Insurance covering
all employefilB with lim! ts meeting all applicable state
and federal laws. This coverage shall include Employers'
Liability with limits meeting all applicable state and
federal laws.
2. General Liability--The bidder shall procure and maintain,
for the lifo ot this purchase order, General Liability
Insurance. This coverage shall be on an 'Occ.urrence'
basis and shall. include: Premises and Operations;
Independent Contractors; Products and Complete Operations
and Contractual Liabili ty. Coveraqe shall be no more
restrictive than the latest edition of the Commercial
General Liability policies of the Insurance Services
Office.
This policy shall provide coverage for death, bocU.ly
injury, personal injury or property damage that could
arise directly or indirectly from the performance of this
. purchase order.
The minimum limits of coverage shall be $500,000 Per
Occurrence Combined Sinqle Limi t for Bodily Injury
Liability and Property Damage Liability.
The City shall be included
Additional Insured under the
insuranco.
and identified all
policy/certificate
3. Busines8 Automobile Liability--The Bidder shall procure
and maintain, for the life of the purchase order,
Business Automobile Liability Insurance.
The ainimum limits of coverage shall be $300,000 Per
Occurrence. Combined Single Limit for Bodily Injury
Liability and Property Damage Liability. This coverage
shall be an II Any Auto II type policy. Coverage shall be no
more restrictive than the latest edition of the Business
Automobile Policies of the Insurance Services Office.
4. Indemnlty--The bidder shall defend, indemnify, save and
hold the City harmless from any and all claims, suits,
judgements and liability for death, personal injury,
bodily injury or property damage arising directly or
indirectly from the performance of this purchase order by
bidder, i tIS employees, subcontractora or &ssiqns,
including legal fees, court costs, or other legal
expenses. The bidder acknowledges thct it is solely
responsible for coroplying with the ter.ms of the purchase
order .
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, 8; c-f 7
Clearwater City Commission
Agenda Cover Memorandum
SUBJECT:
Land Development Code Amendment ~ Outdoor Cafes In the Publlc/Seml~Publlc and Open
Space/Recreation Zoning Districts on Clearwater Beach.
(lOCA 96~20)
RECOMMENDA nON/MOTION:
Receive proposed land Development Code Amendment and refer It to the City Clerk for
advertising for public hearings.
II and that the appropriate officials be authorized to execute same.
SUMMARY:
A tenant at the City Marina on Clearwater Beach has expressed a desire to have an outdoor caM to
complement his existing restaurant. The Publlc/Semi~Publlc zoning district does not provide for
outdoor ceM uses In the same manner as provided for most other zoning districts on the beach. The
property owner, therefore, Is Ineligible for the provisions of the outdoor caf6 ordinance ,Including
some relaxation of parking requirements.
Staff feels that both the Publlc/Seml~Publlc and Open Space/Recreation (e.g., the Pier 60
development) districts on the beach should be eligible for consideration for outdoor caf6 use. The
attached ordinance will allow this to occur.
ThCJ Planning and Zoning Board will need to review this code amendment; the antrcipated meeting
date is October 15, 1996.
Rovlewed by: f/J Or~gfnaUng Oepertment: Costl: Commllllon Action:
Lea" CEN~JmNO CJ Approv.d
Budget NA Total o Approv.d w/Condltlone
Purch..Jn" NA U.er Dep t: . o DenJ.d
,",k Mgmt. NA Current Ft.c" V..r D Continued to:
IS NA FundIng Sou'ce~
ACM 't6t2- o c.pltal
Improvement:
Other NA Advertlaed: 0
Op.ratlng:
Oat.: 0 Attachment.:
Other.
PIP": DRAFT ORDINANCE
Submllt~ III Not Required Appropriation Code
Cltt2. , Affected PartIe.:
o NotIfied o None
B Not R.qulrld
o P"ntld on recycled pipe'
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ORDINANCE N01 -96
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, RELATING TO THE LAND DEVELOPMENT
CODE; AMENDING SECTION 41.221 TO ALLOW OUTDOOR
CAFES IN THE PUBLIC/SEMIPUBLIC AND OPEN SP ACFJ
RECREATION ZONING DISTRICTS ON CLEARWATER
BEACH; PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA:
Section 1. Section 41.221, Code of Ordinances, is amended to read:
J'J
See. 41.221. Outdoor car~.
(1) Location and operation of outdoor cafes. Outdoor cafes may be located and operated
in street setback areas or otherwise generally adjacent to, but not on. public sidewalks on
Clearwater Beach in the beach commercial. resort commercial 24, Oftd resort commercial 28,
public/semipublic and open ~pacelrecreation districts. in the North Greenwood commercial
district, the commercial center district, and the urban center district. .
.
.
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Sectipn 2. The provisions of this ordinance are found and detennined to be consistent
with.the City of Clearwater Comprehensive Plan.
Section 3. This ordinance shan take effect immediately upon adoption.
. PASSED ON FIRST READlNG
PASSED ON SECOND AND
FINAL READING AND ADOPTED AS AMENDED
. Rita Garvey
Mayor..commissioner
Approved as to fonn and
legal sufficiency:
f1L~Jt
Leslie Dougall-Sides
Assistant City Attorney
Attest:
Cynthia E. Goudeau
City Clerk
OrdiOlncc: _-96
Clearwater City Commission
Agenda Cover Memorandum
Item #:
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Meeting Date:
SUBJECT: City Commission Policies
RECOMMENDATION/MOTION: Approve City Commission policies restricting Advisory Board member
display of campaign materials at board meetings and establishing procedure for conversions of Mobile
Home Parks
. 0 and that the appropriate officials be authorized to execute same.
SUMMARY:
I,
Campaign material worn by an advisory board member during an advisory board meeting has caused
concern. The City Manager has sent a letter to all advisory board members advising them of the
inappropriateness of such displays. Policy 80.13 is proposed to address this issue.
The Com'mission, at its 7/29/96 Worksession, received the Mobil Home Park Study and reviewed the
policy regarding conversion of Mobil Home Parks. Consensus was to accept staff's recommended policy.
Essentially the policy recognizes the value of Mobil Home Parks, requires a determination of adequate
facilities for relocation prior to approval of a conversion and that the conversion be compatiable with
surrounding land uses. Polley LD-14 formalizes this as a City Commission policy.
Reviewed by: Originating Depart~ Commission Action:
Legal NA City Clerk Costs: o Approved
Budget NA - Total CJ Approved with Conditions
PurchasIng NA User Department: o Denied
Risk Mgmt. NA Current Fiscel Year o Continued to:
IS NA Funding Source:
ACM '1f' 9... ~ o Capital Improvement
Other NA Advertised: 0 Operating
Date: o Other: Attachments:
8J Paper: Proposed Policy BO-13
Submltted by: Cl Not Required Approprletlon Code Proposed Polley LO-14
Clrz: Affected Parties
Cl Notified o None
Cl Not Required
.0 Printed on recycled paptlr
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38
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No. 8D-13
CLEARWATER CITY COMMISSION
Policy Statement
General Topic
Subject:
Date Adopted: 9/19/96
, ,
Boards/Committees
Campaign Material during
Board meetings
Amends:
Rescinds:
Reference:
9/3/96 Worksession
Statement:
During Board meetings. Board members should not display material in supporting
or opposing candidates or issues on any ballot. This includes. but is not
limited to: . buttons. ribbons. T-shirts. bumper stickers and signs.
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NEW
CLEARWATER CITY COMMISSION
No. LD-14
Policy Statement
General Topic.
Subject:.
Date Adopted: 9/19/96
Land Development
Mobile Home Park Conversions
Amends:
Rescinds:
Reference:
7/29/96 Work Session
Statement:
Objective 1.0 - Mobile homes are a component of the City of Clearwater's stock
of affordable housing and should be maintained as a housing option for
existing and future residents, so long as they are located outside the coastal
high hazard lone.
Policy 1.1 - The City of Clearwater shall continue to use and maintain
the RMH zoning classification to define existing mobile home park properties
and to establish clear standards for any future development of new mobile home
parks.
Objective 2.0 - Determination of adequate facilities for relocation of mobile
home owners shall occur prior to official City action. including approval of
rezoning.
~Olicy 2.1 - The City shall make a determination that adequate mobile
home parks or other suitable facilities exist for the relocation of mobile
home owners prior to taking official action. including approval of a rezoning.
which results in the removal or relocation of mobile home owners. In so
doing, the City may consider voluntary arrangements or agreements witth the
Clearwater Housing Authority or Clearwater Neighborhood Housing Services to
relocate qualifying residents or other voluntary arrangements for relocation
of mobile home residents displaced through the conversion process; however,
the City shall not require such arrangements as a condition of rezoning or
other approval. .
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Objective 3.0 - Conversion of existing mobile home park sites,to other land
uses .shall be compatible with surrounding land uses.
Policy 3.1 - The Planned Development zoning classification shall be
utilized for mobile heme park sites that are proposed to be converted to
another land use category where determined necessary to address site specific
buffering, la~d use compatibility or other design issues.
Policy 3.2 - City.development review processes and procedures shall be
evaluated in light of this policy document. with any needed changes to
implement the specific goals, objectives and policies of this document
comp~eted ~y Ju'y~18. 1997.
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CLEARWATER CITY COMMISSION
No. 80-13
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Policy Statement
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General Topic
Subject:
Date Adopted: 9/19/96
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Boards/Committees
Campaign Material during
Meetings
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Amends: :
Rescinds:
Reference:
'CIIo,
9/3/96 Worksession
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. During.City Commission and Advisory Board meetings. members should not display
rnateria1 "supporting or oPPosing candidates or issues on any ballot., This
includes. but is not limited to: buttons. ribbons. T-shirts. bumper stickers
and signs.. . .
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CLEARWATER CITY COMMISSION
Agenda Cover Memorandum
Item #-t:i-A-
Meeting Date ~
Cj. (1. '1~
SUBJECT:
State of Florida Incentive partnership (SHIP) Local Housing Assistance Plan for
State Fiscal year 1996-97
RECOMMENDA TIONIMOTION:
Adopt Resolution No. 96-60 amending Resolution 96-25 which established the SHIP Local
Housing Assistance Plan for State Fiscal year 1996-97
~ and that the appropriate officials be nuthorized to execute same.
SUMMARY:
On April 18,
establishing
10% of the
expenses.
1996 the CITY OF CLEARAWTER CITY COMMISSION adopted resolution 96-25
the 1996-97 SHIP LOCAL HOUSING ASSISTANCE PLAN. The plan provides that
total SHIP allocation of $572,384 will be used for administrative
Section 420.9075 (6), Florida Sta tu tee, provides that the City may use 5% of its
annual SHIP allocation for administrative expenses. It also provides that if the
City Commission makes a finding, by resolution, that five percent is not sufficient
to cover the administrative costs, the City may take up to 10% for administration.
The contents of Resolution 96-25 do not reference this statutory requirement related
to adminstrative costs.
The State of Florida has required an amendment of resolution 96-25 to include a
reference to this statutory requirement.
nlYlewllld by: Otiglrlltlng Dopt. COI'I: nonIJ Commllllon Action
LlIOll1 9(;./ ICurrent FYI Approvod
Budget ~ Fundino Source: Approvlld
w/eondilion,
Purcha,lng NA Capt, Imp,
Denied
Risl( Mgmt. NA Advertl.ad: Operating
Conl'd to
IS NA DlItel: ather SHIP
ACM -t< SF- Paper:
ENG. NA Not requIred: X
Aflected porties ApproPtlntion Codelsl Attachmlln'l:
notified
Rnelutien 96.26
Adm. Fee Annll/Jis
Net Requiflld )(
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STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM
Administration Fee Analysis
Fiscal Year 1995-96
As the Florida Statutes provides and the Local Housing Assistance
Plan dictates, administration and program delivery fees may be paid to
the City of Clearwater and its subgrantees at a rate of 10%.
The following analysis reflect an overview of funds expended from SHIP
administration fees to the City of Clearwater, Tampa Bay Community
Development Corporation and Clearwater Neighborhood Housing Services,
,Inc. Figures. represented are' through the third quarter (June, 1996)
of fiscal year 1995-96 for mortgage loans rendered to low-income.
households for down payment assistance, housing rehabilitation and
emergency home repair:
Households Served:
. It
F~rst Qua..... er
Second Quarter
Third Quarter
31
19
22
72
Total., . .. . .. . .. . . .. . . . .. . .. ..... I . . . .. . .. . . .. . .. .. . I . . . .. .. . .. . . .
Funds Expended:
Housing Rehabilitation
Homeownership Assistance
$305,065.67
18,250.00
To tal. . .. . . . .. . . .. . . . .. .. .. .. .. .. .. .. .. .. .. . .. .. . .. .. .. .. . $ 323, 315 . 67
Administration Fees:
$ 32,798.90
The hourly rate of
Department's current
benefits and overhead.
administration fees were determined
"cost of doing business", including
by the
wages,
829.72 hours @ $39.53 per hour........$ 32,798.90
The attached "Loan Cost Analysis" represents a breakdown of each
function of the loan processing procedure as submitted by. Tampa Bay
Community Development.
In addition, the Department of Economic Development is employed to
monitor all subgrantees, filing quarterly and annual reports, defining
policies and procedures, representing the City at SHIP meetings,
public functions, workshOps,. clinics and training functions,
counseling, und~rwriting, application. intake, construction
administration, loan processing and more.
-
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RESOLUTION NO. 96-60
A RESOLUTION OF THE CITY OF CLEARWATER AMENDING RESOLUTION 96-25
ACCEPTING THB RBCOMMENDATIONS OF THB CITY OF CLEARWATBR NEIGHBORHOOD
AFFORDABLB HOUSING ADVISORY BOARD AND ADOPTING A LOCAL HOUSING
ASSISTANCE PLAN FOR THE CITY OF CLEARWATER IN ACCORDANCB WITH THE
STATE OF FLORIDA STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM
PROVISIONS.
WHEREAS, the CITY OF CLEARWATER CITY COMMISSION has adopted the
LOCAL HOUSING ASSISTANCE PLAN, and
WHEREAS, the LOCAL HOUSING ASSISTANCE PLAN provides that ten
percent (10%) of the total SHIP allocation will be used for
administrative expenses, and
WHEREAS, Section 420.9075(6), Florida Statutes, provides that the
city may use five percent (5%) of its annual SHIP allocation for
administrative expenses. It also provides that if the city commission
makes a finding, by resolution, that five percent (5\) is not
sufficient to cover the administrative costs, the city may take up to
ten percent (10%) for administration.
WHEREAS, the City of Clearwater finds that five percent (5%) of
the SHIP funds are insufficient to adequately pay the necessary costs
of administering the loan program. The City of Clearwater finds it
necessary to increase up to but not to exceed ten percent (10%) of
local housing distributions deposited in the trust fund to cover
administrative costs, now, therefore,
BE IT RESOLVED BY THB CITY COMMISSION OF THE CITY OF CLEARWATER,
FLORIDA:
Section 1, The CITY OF CLEARWATER CI'l'Y COMMISSION heX'9by
adopts to amend Resolution 96R25
Section 2.
five percent (5%)
adequately pay the
ASSISTANCE PLAN.
The CITY OF CLEARWATER CITY COMMISSION finds that
of the allocated SHIP funds are insufficient to
necessary costa of administoring the LOCAL HOUSING
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Section 3. ,The CITY OF CLEARWATER CITY COMMISSION finds it
necessary to increase up to, but not to exceed, ten percent (10%) of
local housing distributions deposited into the LOCAL AFFORDABLB
HOUSING ASSISTANCE TRUST FUND to cover administrative costs for State
Fiscal year, July 1, 1996 - June 30, 1997.
Section 4.
, adoption.
This resolution shall take effect immediately upon
PASSED AND ADOPTED this
day of
1996
Rita. G~rvey, Mayor-Commissioner
Attest:
Cynthia E. Goudeau, City Clerk
Approved as to form and
legal sufficiency:
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John Carassas, Assistant City Attorney
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lOAN COST ANALYSIS:
APPLICANT'S NAME:
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PROPERTY ADDRESS/PROGRAM:
AkP f(1.o ~rz.A^"f
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SECTION I - INTAKE
INFO CALLS/APPLICATION MAILED
BY: 0 W DATE:.
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LOG IN APPLICATION AND APP. FEE
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HOURS BAIE IQIA!..
1.5 7.(.'J ~Lf
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.50 1,(,.9 .3.8S
BY: O.W DATE:
rA J.:G
Aoeiffl' LOAN APPLICATIONS (WAU' IN CUHtTS)
:< 0 . 00
YQ . U 0 .
BY:
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DATE:
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PULL CREDIT REPORTIPREPARE FILE FOR PROCESSfNG
BY:
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DATE:
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SECTION II - PROCESSING THE LOAN
INITIAL REVIEW OF LOAN APPLICATION AND DOCUMENTS
BY:
cv
DATE:
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SEND OUT I~FORMA TION REQUEST s I " t:.11. , f' I ~ '" r I ...-J oS
BY:
58
DATE:
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SET UP FILE FOR COMPLIANCE (COMPLETE COMPLIANCE FORMS)
BY:
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DATE:
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LOG IN AND REVIEW ADDITIONAL CREDIT DOCUMENTATION
BY: 5 B DATE: f. S
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PREPARE FilE FOR SUBMISSION TO UNDERWRITING
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..( ..... BY: ~ 13 DATE: ' :l # / . G 0
1.,...Ot.r\.. ..../..> c.v /.!7o .;;"'.....:.,
FOLlOW.UP/STATUS CALLS (WITH APPLICANT, REAL TOR(S). LENDER. ETC)
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BY: OW DATE:
BY: ~8 DATE:
BY: Cv DATE:
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SECTIoN V. - POST-CLoSING
!"iOURS
BA.Ie
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(Pus r ~ I.,;)s:~
REVIEW MORTGAGE AND NOTE, LOG IN ON COMPUTER, PREPARE FOR VAULT A Io(&i',r)
BY:_ 0 W DATE: :}. 5 "? . c.. ? -!.1.:..! J
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SECURE ORIGINAL DOCUMENTS IN VAULT OR DELIVER TO SERVICER (t.E. HILLS. CTY)
BY: ~D DATE: . A5. /I. e... :/. q!5
MONTHLY COMPLIANCE REPORTING
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FOLLOW-UP CALLS
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SECTION VI - ADDITIONAL COSts.
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BROCHURES (@.501PIECE)
MISCELLANEOUS SUPPLIES
AUTO/MILEAGE EXPENSE
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COST: 3.ot:::>
COST: (..1(0
COST: 3.Go.
COST: lu . 0 Q
COST: J'2'~o
COST: I (p. 00
COST: -:;. co C
. COST: -50
COST: (.. o:l a
COST: I~. 1,)00
<uS. : :>$0'0.0
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LONG.DISTANCE PHONE OR FAX CALLS
POSTAGE
COPYING EXPENSES - I $ a PAGES
{@.02/PAGE}
. PAPER EXPENSES. -;;;~C PAGES
(@.10/PAGE)
CREDIT REPORT FEE
MORTGAGE CLASS FEE
eNVELOPES
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Clearwater City Commission
Agenda Cover Memorandum
Lfl
Item iI
Meeting Date:
9'J1.q~
SUBJECT: LEASE AGREEMENT BETWEEN CITY OF CLEARWATER AND JOLLEY TROLLEY
TRANSPORTATION OF CLEARWATER, INC.
RECOMMENDATION/KOTION.
Approve the attached lease agreement between the city of clearwater and Jolley
Trolley Transportation of clearwater, Inc., for the use of a portion of the
Memorial civic Center, 40 Causeway Boulevard, Clearwater, FL 34630, for a
period of five (5) years beginning on October 1, 1996, and continuing through
September 30, 2001, at a rental rate of $1.00 per year.
II and that tho appropriate official, be authorized to executa same.
BACKGROUND:
The Jolley Trolley Transportation of Clearwater, Inc., (Lessee) desires to use
a portion of the city-owned premises known as the Memorial civic Center for
offices, ticketing, embarking/debarking depot, merchandise sales and display of
merchandise, a public information space and for no other purpose.
This is a 5-year lease at $1.00 per year. The city will furnish three (3)
parking spaces to the Lessee at $15 per space per month. The Lessee will also
pay $163.00 per month for electrical and $155.00 per month for utilities.
The city can terminate this lease agreement for material default by the Lessee
in the performance of any of the terms, covenants or conditions of the attached
lease agreement; the City determines that the premises are so extensively
damaged by some casualty that it is impractical or inequitable to repair such
leased premises; lessee's vacating or abandoning the premises; the city.
determines at a city commission meeting that the building or property is needed
for other municipal services; or the termination of the corresponding Jolley
Trolley System Funding Agreement between the City and Jolley Trolley.
Reviewed by: ~fJ/- originating bcpt: ~(lJW c.-ts: taaiulon Action:
Lagal City Hanaga Total 0 Approved
Budget (X [] Approved w/conditions
purcha. f ng
Risk HlPt. HIA Current Fiscal Yr. 0 Denied
CIS ~ User Dept: [] Continued to:
ACM Flrdlng Source:
Oth er e Copi tol Irrp.
Advertl aed: [J Opereting Att..a.cnts:
Date: [] Other Leose Agreement
Peper:
IllI Not Required
sw.ftted by: Affected Pertles 0 None
c~1ET IllI Notffled Appropriation Code:
C Not Required
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II'
LEASE AGREEMENT
THIS LEASE AGREEMENT Is made and entered into this day of
. 199_. by and between the CITY OF CLEARWATER, a
Florida Municipality, herein called the "Lesso"-, and JOLLEY TROLLEY
TRANSPORTATION OF CLEARWATER. INC., a Frorida Corporation not~for~profit.
herein called the "Lessee" or II Jolley Trolley..
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WITNESSETH;
WHEREAS, the Lessor has ownership of and control over the use of the Clty~
.; owned structures and premises now known as the Memorial Civic Center, 40 Causeway
Boulevard. Clearwater Beach, Florida 34630 (hereinafter the "Civic Center"); and
V-IHEREAS. Lessee desires to use a portion of such premises for public
purposes; and .
NOW. THEREFORE, in consideratIon of the Promises 'and the mutual
covenants contained in this Agreement. the Lessor and Lessee hereby agree as follows:
ARTICLE I. TITLE
The title of this lease is the JOLLEY TROLLEY lease.
ARTICLE II. TERM
The term of this lease shall be for a period of five (5) years commencing on
October 1, 1996, and continuing through September 30. 2001 (the "Termination Date"),
unless earlier terminated under the terms of this agreement. Any remaining term of the
previous lease agreement dated Decembeer 17, 1993. is hereby deleted and
incorporated Into the term hereof. .
ARTICLE IJJ. LEASEHOLD
The Lessor leases to the Lessee the following described property, including aU
improvements therein. located in Pinellas County. Florida, to wit:
An approximately 20. x 60' hallway and appurtenant Gazebo
space as depicted In Exhibit "A" attached hereto and by reference
made a part hereof, of the foflowing property being more
particularly described as:
CITY PARK SUBDIVISION, the East 129.32 feet of Lot 5, as
recorded In Plat Book 23. . Page 37. of the Public Records of
Pineflas County, Florida.
---- "
NKlA ClearWlter Memorial Civic Center Building
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ARTICLE IV. RIGHTS AND RESPONSIBILITIES
, Section 1.
Use of Premises.
a. Lessee shall use the demised premises for offices, ticketing.
embarklngfdebarking depot, merchandise sales and display of merchandise, a public
information space and for no other purpose.
b. The Lessee agrees to maintain all entries, exits and doolWays as they
presently exist In the demised premises, unobstructed and available for use by all
patrons of the Civic Center building from 9:00 a.m. until 12:00 Midnight every day of the
year.
c. Lessee covenants and agrees to make no unlawful, improper offensive use of
the leased premises. At the termination of this lease, Lessee agrees to return the
premises to the Lessor in as good condition as the effective date of this agreement,
subject only to normal wear and tear.
Section 2. Designated Parking Spa~~ Lessor agrees to make available to
Lessee, and Lessee agrees to utilize three (3) unmetered parking spaces in the Civic
Center parking lot exclusively for the benefit of its employees and Invitees from 9:00
A.M. to 12:00 Midnight, every day of the year. The location of the designated parking
spaces shall be as designated by the City, and at such other locations as the parties
may subsequently agree. These parking spaces shall be provided at a cost of $15 per
space per month, to be paid by Lessee on the same dates that Lessee.s share utilities
charges are due and payable, as set forth in Section 5 below. All additional parking
requirements of Lessee shall be met by use of meter parking spaces available to the
general public.
S9ction 3.' Maintenance of Premises. The Lessee shall properly maintain the
leasehold In a clean and orderly condition.
Section 4.
Repairs and Improvements.
a. Lessee may make whatever repairs. alterations and improvements to the
premises it deems necessaryl providing that the Lessor first agrees in writing to any
such actions to repair, alter or improve the premises. If the property.s physical condition
falls into a state of disrepair In the opinion of the City Building Official. the Lessor may
terminate this Agreement upon fifteen (15) days written notice.
b. Upon termination or expiration of the lease, Lessee agrees to remove any
of Lessee's Improvements and retum the facility to the appearance and condition as of
the effective date of this lease. unless otherwIse mutually agreed upon.
c. In no event shall Lessor or any of Lessor's property be liable for or
chargeable with any expense or lien for work, labor or materials used in the premises, or
any ~mprovements. repairs, or alterations thereof.
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2
.--..-....-.-.- ..'
Section 5. Utilities. Lessee shall pay to Lessor the Lessee.s prorata
share of all bills for electrical and utility services on the first day of each month.
Payments shall be In the following amounts of $163.00 per month for electrical and
$155.00 per month for utilities. Payments shall be made to: Finance Division, City of
CrealWater, P. O. Box 4748, Clearwater, Florida 34618-4748.
Section 6. Quiet Enjoyment. Upon payment of the rents herein required and
upon observing and performing the covenants, terms and conditions required by the
lease, the Lessee shall peaceably and quietly hold and enjoy the leased premises for
the term of the lease without hindrance interruption by the Lessor.
Section 7. Use of Premises. Lessee shall be permitted to use the premises
located at 311 S. Madison Avenue as described in Exhibit 8, until the Lessor demolishes
the eXisting building, or if the premises are needed for any municipal purpose.
ARTICLE V. LEASE RENTAL FEES AND PAYMENTS
For the sum of One Dollar ($1.00) per year. which the receipt and sufficiency of
is hereby acknowledged, and in consideration of the promisGs and covenants set forth
herein, Lessor hereby grants to Lessee and Lessor accepts from lessor, this
nonexclusive lease, right and privilege to use the property described herein.
ARTICLE VI. TAXES
Lessee agrees to pay any real and personal property taxes that may be
assessed and levied on the leased premises or on the leasehold created by this
document.
ARTICLE VII. INSURANCE
Lessee shall procure and maintain during the term of this Agreement insurance
against claims for injuries to persons or damage to property which may arise from or in
connection with this lease.
Section 1. Minimum Scope of Insur~ A comprehensive General Liability
policy covering the lease premises and lessee activities occurring thereon shall be
obtained and maintained in force by the lessee.
Section 2. Minimum Limits of Insurance. Comprehensive General Liability
Insurance procured In accordance with this article shall have minimum coverage limits of
$300,000 Bodily Injury and $100,000 with respect to property damage ariSing out of any
one (1) occurrence. Such insurance policy shall be carried in a company licensed to do
business in the State of Florida.
Section 3. Additional Named Insured. Each insurance policy Issued as
requirement at this agreement shall name the City of Clearwater, Lessor. as additional
named Insured. The coverage shall contain no special limitations on the scope of the
protection afforded to the lessor, its officers, employees or volunteers.
3
Section 4. Verification of Coverage. Lessee shall furnish the Lessor with
Certificates of Insurance with all endorsements affecting coverage required by this
article. These fonns shBlI be received and approved by the Lessor's Risk Manager
before execution of this Lease agreement by authorized City Officials.
ARTICLE VIII. CASUALTY DAMAGE TO PREMISES
..
Section 1. Reparable Damage. Any time the building or premises Is
damaged or destroyed to the extent that the Lessee cannot therefore conduct its
activities and the Lessor determines that the demised premises can be restored by
making appropriate repairs. then Lessor shall undertake to make all necessary building
repairs and Lessee shall effect all necessary repairs to the demised premises
expeditiously and to the satisfaction of the City BUilding Official.
Section 2. Catastrophic Damage. In the event of total destruction of
catastrophic damage to the demised premises. the Lessee or Lessor may terminate this
rease as of the date of such damage or upon thirty (30) days written notice to the other
party to this lease.
Section 3. WaIver of Recovel)' Rights. Both parties waive any and all rights
of recovery against the other party for any direct or indirect loss occurring to the
demised premises in the event of damage categorized in Sections 1 and 2 above which
is covered by Insurance.
ARTICLE IX. LIABILITY AND INDEMNIFICATION
lessee agrees to assume all risks of the Premises and all liability therefore, and
shall defend. indemnify. and hold harmless the Lessor, its offices, agents, and
employees from and against any and all ross. nability and damages of whatever nature.
to persons and property occasioned by the Lessee's negligent or willful misconduct,
including. without limiting the generality of the foregoing, death of any person and loss of
the use of any property except arising from the negligence or willful misconduct of
Lessor or Lessor'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
Premises or Lessee's activities or those of any approved or unapproved invitee.
contractor, subcontractor. or other person approved. authorized. or permitted by lessee
in or about the Premises whether or not based on negligence.
ARTICLE X. AMERICANS WITH DISABILITIES ACT
Lessee hereby affinns its intention to take any and all such actions that are
reasonable and prudent to comply with the Americans With Disabilities Act of 1990
(known as the -ADA-) within the demised premises.
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ARTICLE XI. NON-DISCRIMINATION
Notwithstanding any other provision of this lease agreement. during the
performance of this agreement; Lessee for Itself. personal representatives. successors
In Interest and assigns. as part of the consideration for this agreement, does covenant
and agree that:
Section 1. No Exclusion From Use. No person shall be excluded from
participation In, denied the benefits of; or otherwise be subjected to discrimination in the
use of the premises on the grounds of race; color, religion, sex. handicap. age, or
national origin.
S~ctlon 2. No Exclusion From Hire. In the construction of and Improvements
on. over. or under the premises. and the furnishing of services therein or thereon. no
person shall be excluded from participation in. denied the benefits of. or otherwise be
subjected to discrimination on the grounds of; or otherwise be subjected to
discrimination on the grounds of handicap or age except to the extend that physical
condition or age may be a bona-fide occupational qualification, or on the grounds of
race; color, religion. sex or national origin.
Section 3. Observance of Various Laws. The Lessee shall observe the
following laws; Section I of the 14th Amendment, The Equal Pay Act. the Civil Rights
Acts of 1866 and 1870. the Vietnam Era Veterans Readjustment Act. the standards of
Merit System Personnel Administration, Executive Order 12246 as amended, Revised
, Order 4, the Age Discrimination Act of 1967. the Rehabilitation Act of 1975. Executive
Order 11914 and the Americans With Disabilities Act of 1990.
Section 4. Breach of Nondiscrimination Cpvenants. In the event of breach
of any of the above nondiscrimination covenants. which breach has been finally
adjudicated by an appropriate agency or court of law. the Lessor shall have the right to
terminate this lease and to re-enter and repossess the premises and hold the same as if
said agreement had never been made or Issued. This provision does not become
effective until the procedures of 49 Code of Federal Regulations (.CFR-) Part 21 have
been followed and completed, inclUding expiration of appeal rights.
ARTICLE XII. DISCLAIMER OF WARRANTIES
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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. Lessee agrees that no representations or warranties
shall be binding upon the lessor unress expressed in writing herein or in a duly
executed Amendment hereof. Further Lessor does not warrant and hereby disclaims
any and all liability and responsibUity for or on account of the condiUon of the Premises,
or any portions thereof, or for or on account of anything affecting such conditions.
ARTICLE XIII. ASSIGNMENT OF LEASE
This Lease. or any part thereof or Interest therein, may not be assignedl
transferred or subleased by Lessee without the consent of the Lessor, which consent
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shall not unreasonably be withheld. It Is understood and agreed that the Lessor may, at
any time, with 60 days notice, assign or delegate any or all of its rights hereunder.
ARTICLE XIV. DEFAULT AND TERMINATION
Section 1. Tel1)"llnatlon by Lessee. This Agreement shall be subject to
termination by Lessee In the event of anyone or more of the following events:
a. Material default by the Lessor In the performance of any of the terms,
covenants or conditions of this agreement, and In the failure of the Lessor to remedy, or
undertake to remedy. to Lessee's satisfaction, such default for a period of thirty (30)
days after receipt of notice from Lessee to remedy the same.
Section 2. Tennlnation by Lessor. This Agreement shaU be subject to
termination by the Lessor in the event of anyone or more of the following events:
a. The material default by Lessee in the performance of any of the terms,
covenants or conditions of this Lease Agreement, and In the fallure of the Lessee to
remedy, or undertake to remedy, to Lessors satisfaction such default for a period of
thirty (30) days after receipt of notice from Lessor to remedy same.
b. Lessor determines at a duly constituted City Commission meeting that
the building or property (said premises) Is needed for other municipal services and
selVes Lessee with sixty (60) days notice of such intended use.
c. Lessor determines that the premises are so extensively damaged by
some casualty that It is Impractical or inequitable to repair such leased premises.
d. lessee's vacating or abandoning the premises.
e. The termination of the corresponding Jolley Trolley System Funding
Agreement between lessor and Lessee.
Section 3. Ex~~ls~. Exercise of the rights of termination set forth in
Sections 1 and 2 above shall be by notice to the other party. Forbearance of timely
notice shall not be deemed a waiver of any breach.
Section 4. Removal of Property. Upon termination of this agreement for any
reason, lessee, at its soJe expense, shall remove from the Premises all signs, trade
fixtures, furnishings, personal property, equipment and materials which Lessee was
permitted to install or maintain under the right granted herein. lessor may effect such
removal at Lessee.s expense should Lessee fail to remove said Installed property within
thlrty(30) days notice. Lessee agrees to pay Lessor promptly in the event of such
circumstance upon presentation of a proper Invoice.
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Section 5.
Causes of Breach and Waiver.
a. Neither party shall be held to be In breach of this Agreement because of
any failure to perform any of its obligations hereunder If said failure Is due to any cause
for which it Is not responsible and over which it has no control; provided, however, that
.the foregoing provision shall not apply a failure of Lessee to provide the amounts of
insurance contained in ArtIcle VII of this Agreement.
b. The waiver of any breach, vlotatlon or default in or with respect to the
performance or observance of the covenants and conditions contained herein shall not
be taken to constitute a waiver of any subsequent breach, violation or default In or with
respect to the same or any other covenant or condition hereof.
ARTrCLE XV. ENVIRONMENTAL MATTERS
"
Section 1. No Wa.r.r.anties by Lessor. Lessor has made no investrgation of
environmental matters with respect to the Subject Property and makes no
representations or warranties to buyer as to environmental matters with reference to the
Subject Property.
Sectlpn 2. Radon Gas"Advlsory. As required by Section 404.056(8) Frorida
Statutes, the Lessee shall take note of the following:
RADON GAS: Radon is a naturally occurring radioactive gas that, when it has
accumulated In a building In sufficient quantities, may present health risks to
persons who are exposed to it over time. Levers of radon that exceed federal
and state guidelines have been found In buildings In Florida. Additional
information regarding radon and radon testing may be obtained from your county
publlc health unit.
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ARTICLE XVI. NOTICE
Any notice given by one party to the other In connection with the Lease shall be
. sent by certified mail, return receipt requested, with postage and fees prepaid:
1.
. If to the Lessor, addressed to:
City Manager
City of Clearwater
P. O. Box 4748
Clearwater. FL 34618-4748
2.
If to the Lesses. addressed to:
JaJley Trolley Transportation
of Clearwater, Inc.
Memorial Civic Center
40 Causeway Blvd.
Clearwater, FL 34630
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ARTICLE XVII. EFFECTIVE DATE
The effective date of this lease shall be the date above first writlen.
IN WJTNESS WHEREOF. the parties hereto have set their hands and seal this
~ day of , 1996.
Countersigned: .
CITY OF CLEARWATER, FLORIDA
By:
Elizabeth M. Deptula
City Manager
Attest:
Rita Garvey
Mayor-Commlssloner
Approved as to form and
. legal sufficiency: "
John Carassas
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
STATE OF FLORIDA )
COUNTY OF PINELLAS )
BEFORE ME personally appeared Rita Garvey, the Mayor-Commissloner 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
PrintlType Name:
. Notary Public
STATE OF FLORIDA )
COUNTY OF PINELI.J\S )
BEFORE ME personally appeared Elizabeth M. Deptula, the City Manager 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.
WJTNESS my hand and official seal this
1996.
day of
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PrintIType Name:
Notary Public
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SIGNATURE PAGE TO LEASE AGREEMENT BETWEEN
JOLLEY TROLLEY lRANSPORTA liON OF CLEARWATER, INC.
AND THE CITY OF CLEARWATER
JOLLEY TROLLEY TRANSPORTATION
OF CLEARWATER, INC.
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EXHIBIT "B"
JOLLEY TROLLEY LEASE - 311 MADISON AVENUE
A 14,976 square foot area located on the East side of Madison .
Avenue. approximately 300. feel Sou th of Pierce Street. being 0
portion of Lot 4, of the Revised Mop of R. H. Podgetls Subdivision
of the SE 1//4 of the NW 1/4 of Section 15. Township 29 South,
Range 15 East. os recorded in Plol Book 4, Page J2 of the Public
Records of Pinellos Coun ty, Florida, more particularly described os
follows: From the Southwest corner of said Lot 4, run
N 00"35'34" West. olong the Westerly line of said Lot 4, 90.76 feel
to the POINT OF BEGINNING: lhence con llnue N 00.35'.34" West,
along said Westerly line of Lot 4, 192,00 feet: thence run
N 89.24'26" Eost 78.00 feet: thence run S 00.J5' 34" East 192.00
feet: . thence run S 89'24'26" West 7.8.00 feet to the POB.
PIERCE STREET
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A SURVE'1:
NOTE: THIS IS
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LOT .. of Rt\llSED YAP of
A. H. PADGETT'S SUBDIVfS/ON
of the st 1/4 01 \he NW 1/4
01 SEC. 15 - 29 - 15
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Lf Item N
Clearwater City Commission' ~ Heetlng Date:
Agenda Cover Memorandum d-- 0 /
-I .I~. 4 If/
SUBJECT: FUNDING AGREEMENT BETWEEN CITY OF CLEARWATER AND JOLLEY
TROLLEY TRANSPORTATION OF CLEARWATER, INC. (Corporation).
RECOMMENDATION/MOTION: Approve the attached funding agreement between the City of
Clearwater and Jolley Trolley T1'3nsportation of Clearwater, Inc., to fund in part the operational costs
incurred in providing the activities and services authorized by the agreement for a period of five years
beginning on October 1, 1996, and continuing through September 30. 2001, subject to annual
budgetary appropriation approved by the Clearwater City Commission.
~ and that the appropriate officials be authorized to execute same.
BACKGROUND: The City, subject to annual City Commission approval. agrees to fund in part the
following operational costs of the Jolley Trolley Transportation of Clearwater, Inc.
· An annual amount of $199,500, payable in equal payments of 1/12 per month, to provide trolley
service between Clearwater Beach and Sand Key.
*
An annual amount of $95,000, payable in equal payments of 1/12 per month. to provide trolley
service between Clearwater Beach. lSland Estates and the Downtown area.
.
An annual amount of $50.000, payable in equal payments of 1/12 per month, toward the cost of
maintaining the trolley vehicles.
Funding for each year of this agreement is subject to City Commission approval of the annual budgetary
appropriation. Notice of intention by the City to decrease the funding level must be provided to the
Corporation at least 60 days before the beginning of the fiscal year.
The Corporation shall submit a proposed annual budget to the City Manager by May 31 of each year for
approval. Funds existing and not used for this purpose at the end of the term of this agreement shall be
deemed excess to the intended purpose and returned to the City.
Either party can terminate the agreement by giving the other party 60 days notice of termination after first
giving the defaulting party 60 days to cure any default.
Funding is included in the City Manager's recommended 1996/97 operating budget in the general fund
non-departmental program and the parking system program for these costs.
RevIewed by:
Legal
Budget
Purchasing
R fsk Hgmt.
CIS
ACH
other
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Originating Dcpt: ~~
City Manager
Costs:
Total
Commission Action:
[] Approved
[] Approved w/conditlons
[] Denied
[] Continued to:
User Dcpt:
Current Fiscal Yr.
slbaftted ~
C I t no:?r-.
Advertised:
Date:
Paper:
~ Not Requl red
Affected Parties
~ Notified
[] Not Requl red
flrding SDUrce:
[] Cap I tal Irrp.
[] Operating
[] Other
Attachments:
Lease Agreement
[] None
Appropriation Code:
435-01333-530300-545
010-07000-530300-519
I . "
JOLLEY TROLLEY SYSTEM FUNDING AGREEMENT
This Trolley System Funding Agreement Is made and entered Into this _ day of
, 1996, between the City of Clearwater, hereinafter referred to as the rCily") and
the JOLLEY TROLLEY TRANSPORTATION OF CLEARWATER, INC., a Florida non-profit
corporation, hereinafter referred to as the (l/Corporatlon").
ARTICLE I. TERM
The term of this agreement shall be for a period of 5 years commencing on October 1, 1996.
and continuIng through September 30, 2001, (the "Termination Date"), subject to annual
budgetary appropriation approved by the Clearwater City Commission, unless earlier
tenninated under the terms of this agreement.
ARTICLE II. RESPONSIBILITIES OF THE CORPORATION
1) Services to be Provided. The Corporation shall provide the transportation services
described as trolley service on Clearwater Beach, Island Estates and Sand Key, and
service from Clearwater Beach to Downtown Clearwater. as described In Exhibit A.
2) Scheduled Reports of Agency Activities. The Corporation shall furnish the City with
an annual management report of activities conducted under the provisions of this
agreement within sixty days of the end of the Corporation's fiscal year and a financial
audit. certified by an independent Certified Public Accountant within ninety days of the
end of the fiscal year. The financial report is to set forth the total cast of operations
provided. and the detailed account of operational costs funded by the City funds
provided.
3) Use and Disposition of Funds Received. Funds received by the Corporation from the
City shall be used to pay for expenses attendant to the operation of the Trolley System.
A proposed annual budget will be submitted to the City Manager by May 31 of each year
for approval. Funds existing and not used for this purpose at the end of the tenn of this
agreement shall be deemed excess to the intended purpose and shall be returned to the
City. Notwithstanding the foregoing. any funds remaining at the end of any fiscal year
during the term hereof shall remain In the possession of the Corporation for the term of
this agreement to fund any shortfall in a subsequent funding year. The City will be
advised of the excess funds amount as a part of the fiscal year report that is required to
be furnished each year by the Corporation to the City so that such excess amount can
be considered prior to the City's determination of the amount to be funded for the next
ensuing fiscal year.
4) Creation, Use and Maintenanc&s of Financial Records.
a) Creation of Records. The Corporation shall 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 actlvittes of the Corporation. Such records shall be
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available and accessible at all times for Inspection. review or audit by authorized
City personnel.
b) Use of Records. The Corporation 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) Malntonance of Records. All records created hereby are to be retained and
maintained for a period not less than five (5) years from the close of the
applicable fiscal year.
d) Recycled Paper. The Corporation shall comply with all terms and conditions of
the City Recycled Paper Ordinance No. 5059.90.
5) Non~lscriminatlon. Notwithstanding any other provision of this agreement, the
Corporation 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. cofor, 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
discrfmination on the grounds of race. color, religion, sex. handIcap, age, or
national origin, except that age may be taken into consideration to the extent
that the age of an employee is a bona fide occupational qualification.
c) Inclusion In Subcontracts. The Corporation agrees to Include the
requirement to adhere to Titre VI and Tetra VII of the Civil Rights Act of 1984 In
all approved sub-contracts.
6)
d) Breach of Non-dlscrimlnatlon Covenants. In the event of conclusive
evidence of a breach of any of the above non-discrimlnation covenants, the City
shall have the right to terminate this agreement.
Liability and Indemnification. The Corporation shalf act as an Independent contractor
and agrees to assume all risks of providing the program activities and services herein
agreed and allliablllty therefore, and shall defend, Indemnify, 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 generality of the foregoing, death of any person and ross 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 Corporation's activities
2
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or those of any approved or unapproved invitee, contractor, subcontractor, or other
person approved. authorized, or permitted by the Corporation whether or not based on
negligence.
ARTICLE IU. RESPONSIBILITIES OF THE CITY
1) Grant of Funds for O~:sratlons. The City, subject to annual City Commission
approval, agrees to fund In part the operational costs incurred In providing the activities
and seNicas authorized by this agreement as follows:
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An annual amount of $199.500 (payable in equal payments of 1/12 per month)
will be paid for providing trolley service between Clearwater Beach and Sand
Key based on the Corporation meeting the route schedule attached as Exhibit A.
An annual amount of $95.000 (payable in equal payments of 1/12 per month) wlll
be paid for providing trolley service between Clearwater Beach. Island Estates
and the Downtown area based on the Corporation meeting the route schedule
attached as Exhibit A.
The Corporation agrees to maintain a driver's log and a check point system to
document compliance with the agreed upon schedule. Changes to these
attached schedules are at the discretion of the Corporation Board of Directors.
but will be submitted to the City at least two weeks prior to implementation. Any
change. or series of changes, which will cause more than a 25% reduction in the
routes may, at the discretion of the City Commission. be considered failure to
adhere to the terms of the contract and may be grounds for reducing the funding
commitment or may be considered cause for tennlnatlon of the contract.
2) Grant of Funds for Vehicle MaIntenance. The City agrees to provide $50,000
annually toward the cost of maintaining the trolley vehicles, to be paid In equal payments
of 1/12 per month.
3) Funding in Subsequent Years. Funding for each year of this Agreement is subject to
City Commission approval of the annual budgetary appropriation. Notice of Intention by
the City to decrease the funding level must be provided to the Corporation at least 60
days before the beginning of the fiscal year.
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 cause for termination. Either party can terminate this Agreement
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by giving the other party 60 days notice of termination after first giving the defaulting
party 60 days to cure any default.
2) Disposition of Fund Monies. In the event of termination for any reason, monies made
available to the Corporation 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 mall (postage prepaid), on the
fifth (5th) business day after the day on which such notice is mailed and properly addressed.
2)
If to City, addressed to:
Jolley Trolley Transportation of Clearwater, Inc.
Memorial Civic Center
40 Causeway Blvd.
Clearwater, FL 34630
City Manager
P. O. Box 474B
Clearwater, FL 34618
1)
If to Corporation, addressed to:
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ARTICLE VII. EFFECTIVE DATE
The effective date of this Agreement shall be as of the date below written.
IN WITNESS WHEREOFt the parties hereto have set their hands and seals this
,199_.
day of
Countersigned:
CITY OF CLEARWATER, FLORIDA {PRIVATE}
Rita Garvey
Mayor-Commfssioner
By:
Elizabeth M. Deptula
City Manager
Approved as to fonn and
legal sufficiency:
Attest:
John Carassas, Asst. City Attorney
Cynthia E. Goudeau, City Clerk
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SIGNA lURE PAGE TO JOLLEY TROLLEY SYSTEM FUNDING AGREEMENT
STATE OF FLORIDA )
COUNTY OF PINELLAS )
BEFORE ME personally appeared Rita Garvey. the Mayor..commlssloner of the above-named
city. who acknowledged that she executed the foregoing instrument. She fs personally known to
me and did not take an oath.
WITNESS my hand and official seal this
PrintIType Name:
Notary Public
. STATE OF FlORIDA )
COUNTY OF PINELtAS )
day of
.199
BEFORE ME personally appeared Elizabeth M. Deptula, the City Manager 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
PrintlType Name:
Notary F,'ubllc
s to Corporation
:-o\~~~~
day of
.199
JOLLY TROLLEY TRANSPORTA liON
OF CLEARWATER, INC.
By:~re~J;j~
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Item #43
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~1 Elizabeth M. Deptula, City Manager i?& 2 71996
AUG 3 0 1996
noxa
william C. Held, Jr., Harbormaster
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"hC~~ t .'.i,::.. '.,;ER
CLERK I ATTORNEY
Options on Slip Rent
SUBJBCTr
Marina Business Plan Proposal and
and Dock Office Rent
DATBs
August 27, 1996
As we discussed, the Marina Business Plan proposal on slip rent
has been reviewed for changes. This memo includes three options
on commercial slip rent increases for consideration and a
recommendation for Dock Office rent to large commercial tenants.
BUSINESS PLAN PROPOSAL ATTACHMENT
* This proposal includes all the information from the Marina
Business Plan on the proposed slip rent increase. Attached with
this option is the spread sheet with proposed increases by each
category o~ vessel.
OPTION 1 ATTACHMENT
* This option has a 30\ increase for large commercial vessels,
15' increase for other commercial vessels, except parasail
vessels that will have a 50' increase, in FY 96/97. Large
commercial vessels have a 20% increase, other commercial vessels
a 5', except parasail vessels that will have a 50' increase, in
PY 97/98. There is a 5% "Across the Board" increase for ~
commercial vessels in FY 98/99 and FY 20/01. There is no
increase in FY 99/20. The shortage of $3,305 in Marina revenue
in FY 96/97 can be made by reducing CIP 3443 (Seminole Launch
Ramp) by that amount. Att.ached with this option is the spread
sheet and increase for each category of vessel.
OPTION 2 ATl'ACHMENT
* This option has a 25\ increase for large commercial vessels,
15' increase for other commercial vessels, except parasail
vessels that will have a SO, increase, in FY 96/97. Large
commercial vessels have a 25\ increase, other commercial vessels
have a st, except parasail vessels that will have a 50% increase,
in FY 97/98. There is a 5' "Across the Board" increase for ill
commercial vessels in FY 98/99 and FY 20/01. There is no slip
rent increase in FY 99/20. The shortage in Marina revenue of
$6,035 in FY 96/97 can be made up by reducing CIP 3443 (Seminole
Launch Ramp) by that amount. Attached with this option is the
spread sheet and increase for each category of vessel.
Paq8 2
Heao on Propo8al , options
OPTION 3 .ATTACHMENT
· This option has a 30t increase for larqe commercial vessels,
15' increase for. other commercial vessels, except Parasail
vessels that will have a sot increase, in FY 96/97. Large
commercial vessels and other commercial vessels have a 5%
increase and parasail vessels have a sot increase in FY 97/98.
There is a 5' "Across the Board" increase for All commercial
ve8sela in FY 98/99 and FY 20/01. There is no Slip rent increase
in Py 99/20. The shortage in Marina revenue of $3,305 in FY
96/97 can be made up by reducing CIP 3443 (Seminole Launch Ramp)
by that amount. Attached with this option is the spread sheet
and increase for each category of vessel.
DOCK AND OFFICE RENT ATTACHMENT
* Dock and Office rent has been reviewed and it is recommended
that the dock office rent be changed to: "Commercial Tenants with
over 200 square feet of building space on anyone dock will be
charged a dock and office rent of $4.00 per square foot".
CUrrently, there are two large vessel tenants with over 200
square feet of building space on one dock. Attached is a copy
ot Appendix #11, with the. recommended changes. If this
recommendation is approved, Dock and Office rental revenue will
be reduced from $9,175 to $3,800 in FY 96/97. There is a 5%
increase in FY 98/99 and FY 20/01.
OPTION 3 and the recommended changes for Dock and Office rent
appear to be the best eolution for consideration. The Marina
needs a larger increase in slip rent revenue in FY 96/97, to meet
the projected expenditure line. staff feels that CIP 3443 can be
reduced by $3,305 because there will be a savings on some of th~
ramp repair work. Marine and Public Service Department
employees will do some of the work inhouse for a savings over the
cost for an outside contractor.
As you are aware, the Marina Business Plan is scheduled for the
City Commission meeting on September 19, 1996. We will also have
a resolution on the new slip rent amounts and an ordinance change
allowing the City Manager to increase slip rent up to 10'.
Please advise me.
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CUiAIU"ATEA MU,."CIML MAIUNA aUJlNBJJ P~N
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Marina Operations
PROJECTED 5.YEAR PROGRAM STATEMENT
"cO)nUTTBD TO EXC8LLBt'T C\1STOUBl SBJ,VJCB"
" "....
1 CLEARWATER MUNICIPAL MARINA
I .
; FY 96191 SUP RENT REVENUE
PRIVATE TENANTS
CURRENT PROPOSED
Resident (per foo~ per month) 3.50 3.75
Non-Resldent(per foot, per mo~th) 4.00 4.25
i
I > COMMERCIAL TENANTS
,"
CURRENT PROPOSED
R NR R NR
4 Passengers, 170.00 195.00 190.00 225.00
6 Passengers 200.00 230.00 225.00 260.00
7 to 19 Passengers 230.00 265.00 260.00 295.00
20 to 39 Passengers 250.00 290.00 300.00 335.00
40 to 69 Passengers 325.00 375.00 400.00 440.00 .
70 to 89 Passengers 350.00 405.00 500.00 575.00
90 to 100 Passengers 400.00 460.00 600.00 700.00 .
101 to 160 Passengers 440.00 510.00 700.00 800.00
161 and over 720.00 820.00 1000.00 1100.00
Special Purpose - Parasail 250.00 290.00 500.00 575.00
Mufti vessel - small 200.00 230.00 225.00 260.00
, . Multi vessel - large 250.00 290.00 300.00 335.00
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Yacht broker - seawall 200.00 230.00 225.00 260.00
Yacht broker - multi vessel 400.00 460.00 600.00 700.00
,
. Yacht repairs - Island Estates 160.00 185.00 190.00 225.00
Mooring buoys - Island Estates 315.00 365.00 390.00 430.00
, .. High & Dry ~ Island Estates 120.00 140.00 140.00 160.00
Commercial fishIng - small 160.00 185.00 180.00 205.00
Commercial fishing - large 300.00 345.00 375.00 420.00
Bareboat charter 125.00 145.00 145.00 165.00
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CURRENT
250.00
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50% INC.
375.00 435.00
CURRENT 15% INC.
Multi vessel - small 200.00 230.00 230.00 264.50
Multi vessel - large 250.00 290.00 287.50 333.50
Yacht broker - seawall 200.00 230.00 230.00 264.50
Yacht broker - multi vessel 400.00 460.00 460.00 529.00
Yacht repairs - Island Estates 160.00 185.00 184.00 212.75
Mooring buoys - Island Estates 315.00 365.00 362.25 419.75
.. . High & Dry - Island Estates 120.00 140.00 138.00 161.00
.. ,
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CommerclaJ fishing - large 300.00 345.00 345.00 396.75
Barebo8t charter 125.00 145.00 143.75 166.75
Marina Operation.
Projected S- Year Program Statement
OptiOIJ # 1 (15~130~/50~)
REVENUES FY96191 FY97/98 FY 98/99 FY99100 FY OOjOl
SUp Reatal 580,155 608,950 639.395 639.315 671,350
Baild.I8l ReDial 145,000 147,000 148,000 150,000 152,000
Laad Reatal 96.000 101,500 101.500 103.500 100.soo
Gal a: on Relltala 942,250 951,670 961.185 970,195 980.500
Gear Box Rea"l S,soo S..sOO '..sOO S,sOO S,soo
Sem.lblmp F~ 40,000 40,000 40.000 40,000 40,000
Sale of H.tGas 600 600 600 600 600
Elect Svc. 44,000 4S.000 46,000 47.000 48,000
Sale of Water 0 0 0 .0 0
Svca.a - PIor 0 0 0 0 0
SvcClal - Partial 14.360 14.aoo IS)SO 15,700 16,170
SvcQI - Belt 34,440 35.500 36,560 37.650 38,775
Otlacr Rev. ~ 3,000 3.500 4,000 4,500
,.( laaoreat-IDvcat 22,000 2,2.000 22.000 22.000 22.000
latcrcat-O"cr 2,000 0 0 0 0
Worted Co..q, 0 0 0 0 0
Dock CXficc Reat 3,800 3,800 3,995 3,995 4,190
Totallteveallea 1,932,605 1.979.320 2,023,485 2,040.055 2,088.085
EXPENDITURES
Penonl Svca 531,220 552,470 S74.s70 597 ,s55 621.455
Odter OpcratJ.. 1.186.150 1)JJ9!J75 1.214,070 1.258.750 1.283.925
Illlonaal Sva 50,360 52,125 53.950 55,840 57.795
Capi.... 6,570 10.soo 10..s00 10,500 10,soo
Debt Svc 77,610 8,175 8.175 8.175 8,175
NoaOp Ezpeaae 84,000 91,795 45,000 45,000 45,000
Total BspeDditllrea 1,935~10 1.925.040 1,926.265 1$75.820 2,026.sso
Reve.1Ie l.eu Ibpeue (3r1OS) S4.280 97Z1JJ 64.2-'\5 61.235
Bspcue ... of Rove." 100.2% 97.3% 95.2% 96.9% 91.1%
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Projected S- Year Program Statement
Option #2 (15!fJ125'XJ/50'XJ)
REVENUES FY96/91 FY 97/98 FY98/99 FY99/OO FY 00,1)1
SUp Reatat 577,.25 609,085 639.540 639-540 . 671,500
Bllildial ReDtal 145,000 147,000 148,000 150,000 152.000
Laad acatal 96,000 101,500 101,.500 103.soo 104,500
Gas ~ on Rcatall 9442$0 951,670 961,185 970,795 . 980,.500
..' Gear Box Rcata. 5,soo 5,500 5,500 5-500 5,500
.c !em.Ramp Fea 40,000 40.000 40,000 40,000 40.000
Salo or NatGu 600 600 600 600 600
EJeet Svc. 44.000 45,000 46.000 47,000 48,000
Sale ofWatcr 0 0 0 0 0
SvcO, - Pier 0 0 0 0 0
Sveat. - PuIdllJ. 14,360 14JWO 15.250 15,700 16,170
SvcClaC - Bda 34,440 35.500 36,560 37,650 38,775
Odacr Rev. 2,500 3.000 3,500 4,000 4,500
Iateral-Iaveat 22,000 22,000 2,2.000 22,000 22,000
tatereat-Other 2,000 0 0 0 0
.' WorkeD Comp 0 0 0 0 0
Dock omco Reat 3.soo 3.aoo 3m 3,990 4,190
Total Reftasea 1~,875 1,979,455 2,023,62.5 2,040,275 2,088.235
HXPBNDrnmES
Pcnoal SrcI 531,220 552,470 574,570 597,s5S 621,455
OtMr Oporatilll 1,186,150 1;1JJ9 !J75 J.234.070 1.258,750 1,283,925
lateraaI Sva SO,360 52,125 53.950 55,840 57,795
Capital ~70 10,soo 10.500 10.soo 10,500
Debt Svc 77,610 8,175 8,175 8,175 8,175
NoaOp Blpcuc 84,000 91,795 45,000 45,000 45,000
TotallbpcJufiturca 1,935,910 1,925,040 1,921i.26S 1,975.820 2,OU.ssa
Rcvelluo Lea HlpcIllO (6,035) 54,415 97,360 64,455 61,385
EspcIUC ... of ReveDDc 100.3% 973% 95.296 96.8% 97.1%
I
-
CLEARWATER MUNICIPAl MARINA OPTION #2
FY 98/97 SUP RENT REVENUE
PRIVATE TENANTS
CURRENT PROPOSED
Resident (pet' foot, per month) 3.50 3.75
Non-Resldent(per foot, per month) 4.00 4.25
COMMERCIAL TENANTS
CURRENT 15% INC.
R NR R NR
4 Passengers 170.00 195.00 195.50 224.25
6 Passengers 200.00 230.00 230.00 . 264.50
7 to 19 Passengers 230.00 265.00 264.50 304.75
20 to 39 Passengers 250.00 290.00 287.50 333.50
40 to 69 Passengers 325.00 375.00 373.75 431.25
CURRENT 25% INC.
70 to 89 Passengers 350.00 405.00 437.50 506.25
90 to 100 Passengers 400.00 460.00 500.00 575.00
101 to 160 Passengers , 440.00 510.00 550.00 637.50
161 and over 720.00 820.00 900.00 1025.00
CURRENT 50% INC.
SpecJaJ Purpose - ParasaJI 250.00 290.00 375.00 435.00
CURRENT 15% INC.
Multi vessel - small 200.00 230.00 230.00 264.50
Multi vessel - large 250.00 290.00 287.50 333.50
Yacht broker - seawall 200.00 230.00 230.00 264.50
Yacht broker - multi vessel 400.00 460.00 460.00 529.00
Yacht repairs - Island Estates 160.00 185.00 184.00 212.75
Mooring buoys - Island Estates 315.00 365.00 362.25 419.75
High & Dry - Island Estates 120.00 140.00 138.00 161.00
Commercial fishIng - small 160.00 185.00 184.00 212.75
Commercial fishIng '7" large 300.00 345.00 345.00 396.75
Bareboat charter 125.00 145.00 143.75 166.75
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Projected S-Year Prosram Statement
OptioD #3 (lS!l130~/S0'K1 & 5'KJ/S!f,/SO'KJ)
RBVBNUES FY96/91 FY 97/98 FY 98,'99 FY99100 FYOOIOI
SHp He.taI 580,lSS 598,315 628,2.W 628,2..10 659,625
aal1dl_. Reatal 145,000 147.000 148.000 1$0.000 152,000
LueS Re.laI 96,000 101,500 101,s00 103,soG 104,500
au A on Re..... 942,2S0 951,670 961,185 . 970,795 980,500
, Gear Box Rea'" S,soo 5,500 5,sOO 5,500 5,sOO
,. . Sea.Ramp Poet 40.000 40,000 40,000 40,000 40.000
Sale of NatGu 600 600 600 600 600
Bled Svc. 44,000 45,000 46,000 47,000 48,000
Sale of Water 0 0 0 0 0
SvcClal - Pier 0 0 0 0 0
SvcCItc - Partial 14,360 14.soo 15,250 15,700 16,170
SvcCIIC-BdI 34,440 35,soo 36,s60 37,650 38.775
OtlaGr Roy. 2,500 3,000 3,.500 4,000 4,500
Iatcreat-Iavea:t ~OOO 22,000 22.000 22,000 22,000
ralclrcat-01JIcr ~OOO 0 0 0 0
Work~n Comp 0 0 0 0 0
Dock Offic:e Roat 3.soo 3,800 3,990 3,990 ",190
Total Rovea,," 1.932,605 1,968,685 2,012.]15 2,028,965 2,076,360
BXPBNDrruRES
Pono... Svc. 531,220 552,470 574,570 597 ,5S5 621,455
Othr OpcratiaS I, 186, ISO 1.209,975 1,234,070 1,258.750 1.283P25
r.tcraal Sva 50,360 52,125 53.950 55.840 57.795
Capilal 6,570 10,soo 10,500 10,500 10,500
Debt Svc 77,610 8,175 8,175 8.175 8.175
. NaaOp BJpeuc 84~OOO 91,795 45.000 45.000 45,000
Total EJpeDditarea I,93SJlI0 1.925.040 1,926.265 J!J']SJj20 2,026,850
Rove..., Leu I!Jpensc (3,305) 43.645 86.050 53.145 49,510
Ibpcue 'It of RovClDue 100.2% 97.8% 95.7% 97.4% 97.6%
, I
I.
, '
-
CLEARWATER MUNICIPAL MARINA OPTION #3
FY 96/97 SUP RENT REVENUE
PRIVATE TENANTS
CURRENT PROPOSED
Resident (per foot. per month) 3.50 3.75
Non-Resldent(per foot. per month) 4.00 4.25
COMMERCIAL TENANTS
CURRENT 15% INC.
R NR R NR
4 Passengers 170.00 195.00 195.50 224.25
6 Passengers 200.00 230.00 230.00 264.50
7 to 19 Passengers 230.00 265.00 264.50 304.75
20 to 39 Passengers 250.00 290.00 287.50 333.50
40 to 69 Passengers 325.00 375.00 373.75 431.25
ic
I
CURRENT 30% INC.
70 to 89 Passengers 350.00 405.00 455.00 526.50
90 to 100 Passengers 400.00 . 460.00 520.00 598.00
101 to 160 Passengers 440.00 510.00 572.00 663.00
161 and over 720.00 820.00 936.00 1066.00
CURRENT 50% INC.
Special Purpose - ParasaJl 250.00 290.00 375.00 435.00
CURRENT 15% INC.
Mufti vessel - small 200.00 230.00 230.00 264.50
Multi vessel - large 250.00 290.00 287.50 333.50
Yacht broker - seawall 200.00 230.00 230.00 264.50
Yacht broker - multi vessel 400.00 460.00 460.00 529.00
Yacht repairs - Island Estates 160.00 185.00 184.00 212.75
Mooring buoys - Island Estates 315.00 365.00 362.25 419.75
High & Dry - Island Estates 120.00 140.00 138.00 161.00
Commercial fIShing - small 160.00 185.00 184.00 212.75
Commercial fishing - large 300.00 345.00 345.00 396.75
Bareboat charter 125.00 145.00 143.75 166.75
I,
CL.8AA7ATB~ MUNtClML M..."tNA aUltNBll 'loAN
'AC:S 6S
APPENDIX tl11 PROJECTED DOCK OFFICE CHARGES (AmtNtXO)
mm
Number Tenant pock sa fI Monthl~ YearJt
2 Iloppet 56.6 T $'8:81 . '..$2CS:..e-
, $11.99 $127.98
-4 '...~e~eP\er8ft a2
t; HeA60rSOA 89 $20.00 e240~O
~ HourihOA 22 $~{).67 $128.0e
14 Cloir ~g $13.34 $469.90
'Ii HCl:IrihOA 24.7 $11.67 $138.80
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18 Kelley 240 $80.00 ~y r,O,O!
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19 I3rePldc~bl1rg, 21.6 '10.60 S126.00
~ MeCtdlek a8 ;12.7& i11~
23 Merag~t a6.6 & 11.84 i142.99
49-,,- PEWJGII 62. 7 $17.S7 $218.89-
59 lie~gert ~9.86 '13.62 ~63.4Q
Ilaggert 168 $56.99 S812.99
.
52 $p~n.ldIR9 ~g.1 $12.03 S166.40
Sp8YlElins 17& $i8.&7 $704.99
SI'8t.tldip\g 61.6 S16.66 i29G..t9
Opeulding 100 sse.ea $G66.ee
58 HSA{jere8A 394 $~ 01.Q(} ~:~
Henderson 710 JI $221.88
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TOTAL /9,176.99
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CITY OP CLEARWATBR
INTERDEPARTMENTAL CORRESPONDBNCB
William C. Held, Jr., Harbormaster
Elizabeth M. Deptula, city Manager
Cyndie Goudeau, city Clerk .~
SUBJECT: Marina Business Plan
TOI Honorable Mayor and city commissione s
FROMr
.IECEIVED
SEP 10 1996
COPIES I
CITY CLERK DEPT.
DATBI
September 9, 1996
The proposed commercial vessel slip rent charges and office &
storage rent charges in the Marina Business Plan have been
reviewed with the city manager.
We are in agreement that the new commercial vessel slip rent
increases should be based on a percentage of the current slip
rent. Commercial vessels carrying less than 70 passengers will
receive a fifteen (15) percent increase, commercial tenants
carrying over 70 passengers will receive a thirty (30) percent
increase and Parasail vessels will receive a fifty (50) percent
increase in FY 96/97. Also, the office & storage rent charge is
changed to large commercial vessel tenants with over 200 square
feet of building space on one city-owned dock only. currently,
there are two (2) large commercial tenants with 200 square feet
of building space on one city-owned dock. Resolution No. 96-59,
with the above changes, has been submitted as part of the Marina
Business Plan. Seminole Launch Ramp CIP has been reduced by
$3,305 to balance the Marina revenue and expenditure lines in FY
96/97.
Attached are the new pages for the Marina Business Plan
incorporating the above changes. Please remove the old pages
indicated and insert the new pages:
Remove old pages
Page 2/3
Page 4/5
Page 14/15
Page 16/17
Page 48/49
Page SO/51
Page 65
Insert new pages
Page 2/3
Page 4/5
Page 14/15
Page 16/17
Page 48/49
Page SO/51
Page 65
This memo should be placed in the front section of your Marina
Business Plan.
Please call me at 6954 if you have any questions or need any more
information.
CL.nARIr'ATBR IoWN1CIPAL. MAR1NA BuslNnss PUN
PACl1 1
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Table of Contents
2
8
14
22
26
30
:S6
48
49
50
52
53
54
55
56
57
58
59
60
61
62
63
64
65
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EXECUTNE SUMMARY
PRESENT SrrUATION
OBJECTNES
MANAGEMENT
SERVICE DESCRIPTION
MARKET ANALYSIS
MARKETING STRATEGY
FINANCIAL PROJECTIONS
PROJECTED S-YEAR PROGRAM STA TEMENT
CAPITAL IMPROVEMENT PROGRAM
BALANCE SHEET
CONCLUSIONS AND SUMMARY
APPENDIX
APPENDIX #1 PINELLAS COUNTY PROPERTY APPRAISALS
APPENDIX #2 URBAN ECONOMICS INC. MARINA RENTAL SURVEY
APPENDIX #3 MEASURE MASTERS ANAL YSIS OF MARINA BUILDING
APPENDIX#4 ORGANIZA TION CHART
APPENDIX#5MARWEADWSORYBOARDMEMBERS
APPENDIX #6 MARINA BUILDING & LAND LEASES
APPENDIX #7 MARINA SLIP 'TENANT LIST
APPENDIX #8 MARINA PAMPHLET
APPENDIX #9 SEMINOLE RAMP PAMPHLET
APPENDfX#10 HISTORICAL EXPENDITURES ON THE MARINA
APPENDIX #11 PROJECTED DOCK OFFICE CHARGES
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South side view of marina building
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CLliARll"ATllr. MUNICIPAL MARINA BUSmRSJ PLAN
PAGll 2
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EXECUTIVE SUMMARY
Background
The Clearwater Municipal Marina is an enterprise fund of the City of Clearwater.
The municipal marina was established to provide a public service to the
community. to better serve the Clearwater marine community. to take advantage
of city-owned waterfront property and to fill the void for marine facilities in the
area. With the present dock configuration, the municipal marina has a total of
210 boat slips and can accommodate vessels up to 130 feet.
The Seminole Street Launch Ramp was constructed in 1967. to serve the boat
launching marine community of Clearwater on a seven day a week. twenty four
hour a day basis.
For the purposes of this Business Plan, the Clearwater Municipal Marina will be
referred to as municipal marina and the Seminole Street Launch Ramp will be
referred to as launch ramp.
The Marine Department Mission Statement is:
..:)
"MAINTAIN THE MARINE DEPARTMENT AS A REVENUE-PRODUCING
DEPARTMENT WITH A DEDICA TED STAFF THA T PROVIDES HIGH QUALITY
MARINE.RELA TED SERVICES WITH EXCELLENT CUSTOMER SA TISFACTION
TO CITIZENS AND CUSTOMERS". .
The municipal marina is one of the best equipped and most attractive marinas in
Florida. It is also one of the largest marinas on the west coast of Florida. Its
most important features are the newly renovated building, clean and well
maintained facility. 24 hour sec:urity and the friendly. highly trained and
professional staff. The municipal marina won four awards from the Tampa Bay
Regional Planning Council last year. The municipal marina was a finalist for the
1996 Annual Governors Environmental Education Award from the State of
Florida. Marina staff strive to Insure that boaters make the municipal marina
their home port or port away from home.
The municipal marina offers the foliowing services for the boaters convenience:
, fresh water. electricity. free pump outs, free fishing pier, waste oil disposal.
showers, rest rooms, tide and weather Information, twenty-four hour security.
diesel and gasoline fuels. reasonable slip rates, a variety of shops within the
marina building and all other services expected by the visiting boating of a full
serVice marina.
o
"COMMITTED TO EKCHLLRNT CUSrOMEIt SHRVICS"
II
CI.BARII"ATlJR MUN/CIPAI. .\fAR/NA BUJ/NHSS PUN
PACB 3
Our strategies for meeting the growth demands at the municipal marina is to
provide excellent customer service. maintain revenues and to increase the
marketing of the facility. Visitors of the municipal marina indicate that our
customer service has an excellent reputation.
--....
Objectives
The objectives of the Business Plan propel the municipal marina into a
prominent position within the marine community. To accomplish the objectives.
we have developed a comprehensive plan with strategies on each objective to
intensify and accelerate our activities and customer service. The Objectives are:
}> Maintain the municipal marina as a revenue producing activity of the
Marine De'partment and insure that the city receives fair market value for
its investment. Also. insure that the marina is competitive with other
marinas and businesses in the area.
}> Increase marina revenue in each year from $1,932.605 in the first year to
$2.076.360 in the last year of the plan. Also. maintain expenditures at
less than 100% of revenues.
}> Continue an extensive campaign to market and promote the municipal
marina to citizens and tourists and take full advantage of the facility.
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~ Continue annual customer service training for all municipal marina
employees to Insure the highest standards of safety and customer
service.
~ Continue to upgrade the municipal marina to insure that the facility is a
show piece on Clearwater Beach.
.:}> Continue to maintain and upgrade the launch ramp, to Insure that the
facility is one the city can be proud of.
There are several strategies for each objective In the Business Plan.
To insure a cor.rect per square foot charge to marina building tenants, Measure
Masters Floor Planning & Blue Print Service was hired to conduct square
footage space analysis on the interior of the marina bUilding. Their study
showed that all the existing square footage measurements. except one. were
short on existing rental rate charges. See APPENDIX 3.
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"COMN.ITtRD TO EXCBLLBNT CUSTONElt SERVICE"
CLSARtrATBR MUNICIPAL MARINA Bu.rINB.t$ P!J(N
PACEr 4
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Urban Economics. Inc. was hired to conduct a Marine Rental Survey. The
survey includes building rental space and a survey of slip rent at marinas
through out the state. See AP~ENDJX 2.
Some of the strategies for the building rent and slip rent were based on both the
studies by Measure Masters and Urban Economics, Inc. With the strategies.
daily transient slip rent would increase $.10 cents per foot on 10/1/96. $.05 cents
a foot on 10/1/98 and $.05 cents a foot on 10/1/2000. a new weekly rate of $4.00
per foot and new monthly rate of $11.00 per foot will be established with an
Increase of 5% on 10/1/98 and 10/1/2000. Permanent private slip rent will
increase by $.25 cents per foot on 10/1/96, with an increase of 5% on 10/1/98
.and a 5% increase on 10/1/2000. Commercial tenant slip rent will increase by a
percentage over the FY 95/96 rates. Large tenants will increase by 30%,
parasail by 50% and other commercial tenants by 15% on October 1, 1996.
Commercial tenants slip rent will increase on October 1,1997, October 1.1998
and October 1, 2000. Large Commercial tenants with 200 square feet of city-
owned dock will be charged $4.00 per square foot on 10/1/96, with a 5%
increase on 1011198 and a 5% increase on 1011/2000. The city will reserve the
right to adjust any slip rent, if warranted.
'.:)
Marina building lease agreements will continue at a rental rate of between
$12.00 and $20.00 per square foot for the first floor and between $9.00 and
$12.00 per foot for the second floor. Also, a paragraph will be added to all new
marina building lease agreements with a Consumer Price Index (CPI) increase
on January 1st of each year. Marina building lessees and their employees will
also be required to park their private vehicles in the Memorial Civic Center
parking lot. If any first floor building space becomes vacant it will be considered .
for a business that compliments the marina facility, such as a miniM mart. ship
store, marine supply. etc.
Management
The municipal marina and launch ramp are under the direct management of the
Harbormaster. The Harbormaster is property manager for the marina building
leases and land leases assigned to the Marina Department. He is assisted by
the Assistant Harbormaster and Marine Operations Supervisor with the
management of the municipal marina. Each member of the marina staff Is trained
and capable of dealing with the publiC and providing excellent customer service.
Marketing
o
The boating industry has projected a modest upward trend In boating activity in
future years. Conservative estimates suggest that the municipal marina, with an
"COMMITTED TO EXCl!.LLBNT CUSTONBIl SBRVICB"
CI.U....R.I1"ATliR. },fUN1CIPAI. MARINA BUSINRSS PLAN
rAGS 5
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intensified and accelerated marketing plan, will Increase customer service each
year of the plan and generate an Increase in total revenue In each year of the
plan.
The thrust of our marketing strategy consists of informing the citizens of
Clearwater, reaching the marine community and demonstrating that we can
provide a quality marine facility with excellent customer service. We intend to
reach our customers throughout each year of this plan, by word of mouth from
visitors, traveling through out the marine community, by placing a variety of
notices on services, by using the City's Video Bulletin Board, by advertising in
. regional and local marine related publications, advertising in the safe boating
pamphlet sent to aU registered boaters in Pine lias County and by supplying a
variety of organizations with municipal marina pamphlets detailing the facility.
We will also contact the local media for the purpose of doing public service
Information messages and stories on the municipal marina.
Overall, the municipal marina can be characterized as a full service marine
facility that can meet the daily needs of the marine community and non-boating
citizens and visitors.
Finance
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The midMyear projections for FY 95/96 show revenues at $1,824.200 and
expenditures at $1,805.460. The first year of the business plan (FY 96/97),
projected revenue Is 1,932,605 and projected expenditures Is $1,932,605. For
the five year period of the plan. revenues are projected to Increase by $143,755
and expenditures are projected to Increase by $94,245. The positive difference
between the revenue and expenditures will be added to the unappropriated
retained earnings for the municipal marina. $250,000 for the dredging of
Seminole Street Launch Ramp In FY 98/99, is not included in the Capital
Improvements Projects, as it may not be needed. If dredging is required in FY
98/99, It will be funded from unappropriated retained earnings of the Marina.
Penny for Pineffas Infrastructure Tax orland a low Interest loan through Marina
borrowing, with a new debt against the municipal marina. The Seminole Ramp
debt, Marina building renovation debt and the Marina east dock renovation debt
will be paid off in 1997. As the pier is recommended to become a General Fund
Operation. the interfund charges to Pier 60 from the marina are removed.
Conclusion
The municipal marina enjoys a track record of excellent customer service in the
marine community and Is strongly committed to the City Commission goals of
"COMMITTRD TO I!XCBLLENT CUSTOUIlR SHIl.VICB"
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, CLBARWATBR MUNICIPAL MAIlINA BUstNllSS PLAN
PAca 6
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Operation. The expressions of satisfaction and encouragement are numerous,.
Our intention with this Business Plan Is to continue a steady growth by
increasing revenues. continuing excellent customer service and to take full .
I advantage of as many opportunities as possible with this facility.
Increases I~ slip rental rates and building rent and additionaJ charges for dock
office/storage spaces are necessary to continue the municipal marina as a self~
supporting enterprise fund of the city. This plan has identified and addressed all
items of concern to insure that the municipal marlr;a Is run In a highly
professional and customer friendly manner.
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CLBARIrATllR MUNICIPAL. MAR.INA llUSINnsS PUN
l'AGll 8
.PRESENT SITUATION
Municipal Marina
The City of Clearwater is a municipal corporation originally chartered by the
State of Florida in 1915. The municipal marina was established to provide a
public service and better serve the marine community, take advantage of the
city-owned waterfront property and fill the need for a marine facility in the area.
In 1950, the city constructed the marina yacht basin facility with 109 boat slips.
In 1952, the marina building was built with commercial businesses on the first
and second floors of the building. The construction was financed by the sale of
revenue certificates, which were secured by future revenues from rentals. After
the revenue certificates were paid off in 1979, the revenue collected from the
marina was used to pay for expenditures. The certificates were in effect
between 1952 and 1979. In 1976, Phase II expansion was completed, which
created an additional 35 boat slips on the new east dock.. In 1989, the fuel dock
was relocated from the main dock to the east dock. Minor changes to the east
dock and main dock occurred with this change. In the early 1960's the Island
Estates Marina was constructed.
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With the present slip configuration, the marina has 51 commercial slips, 84
private slips, 7 fuel dock slips and 24 transient slips. Island Estates Marina has
14 boat slips rented by Ross Yacht Service and 30 private boat slips. There is a
total of 210 boat slips for both the municipal marina and Island Estates marina.
Each boat slip tenant is assigned a slip by the Harbormaster, and both the
tenant and Harbormaster sign the docking permit for the slip. The docking
permit contains the rules and regulations for the marina and a hurricane
preparedness exhibit. The marina office is open from 8 am until 5 pm, Monday
through Friday. The marina fuel dock is open 6:30 am until 6:30 pm. seven days
a week and sells between 750,000 and 850,000 gallons of marine fuels each
year. The marina office and fuel dock are closed on Christmas day. Marina staff
sell half-day, all-day. monthly and yearly parking permits and, monthly and
yearly permits for launch ramp. On May 1, 1996, the municipal marina canceled
the armored car pick-ups by Wells Fargo. resulting in an annual savings of
$3,300. Marina staff now use night deposits for marina revenue.
Municipal marina slip rent was increased by 5% in on October 1, 1991 and by
5% on November 1, 1993 for both private and commercial tenants. Slip rent was
last increased on November 1. 1993.
The costs for marine fuels for resale is controlled and administered by the
Harbormaster. Monthly surveys of other marinas are conducted and costs
adjusted by the Harbormaster on a weekly basis. The marina has a yearly
"COMMITTED TO EXCELLl!NT CUSTOMBR SERVICE"
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CZ.8AIHT'ATDR MUNICIPAl. MARINA /JU.>JNEJ.r J.l....m
}.ACD 9
contract for delivery of marine fuels. Spartan Oil Company delivering FINA fuel
products has the contract until December 31. 1996. The cost to the city for
delivery of fuel Is one and one.half cents per gallon. The marine fuels that are
delivered incJude all required taxes, except for the state sales tax at $.085 cents
for diesel fuel and a 10% local option fuel tax for gasoline. The municipal
marina sells 89 octane gasoline and No.2 diesel fuel, both commercial and non.
commercial., The FY 95/96, estimated total revenue for gasoline & oil sales is
$925.000. The marina has a state approved IIFacility Spill Contingency Plan" for
any oil spills at the marina.
In recent years. the Marina building exterior was renovated, new seawall
sidewalks were Installed, free fishing pier constructed, ADA accommodations
inside the building and at the fuel dock were constructed. decorative lights were
installed on the seawall sidewalks, east end second deck of the building was
opened. commercial fuel dock and vacuum sewage pump out system was
installed. Most of the projects for the municipal marina were funded with
revenues saved from past years.
City Commission Policy statement No. BG.11 requires all Proprietary
(Enterprise) Fund Operations to be self.supporting, and pay administrative and
other service charges to the General Fund Operations for support at a level
determined by the City Commission. r-'.,
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City!Commisslon Policy Statement No. LI.1 allows the City Manager to approve
slip rent increases up to 5%. based on surveys of rates charges by other
muni~jpal marinas and so notify the City Commission. Increases above 5%
require City Commission approval.
City Commission Policy Statement No. GA-3 states that five (5) year leases are
to be used in all cases where not reqUiring a capital improvements by the
lessee.
Goals for FY 95/96 are:
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)i;> To limit the monthly boat slip vacancy rate to 30 single slip days of the 5.000
commercial and private boat Slip days occurring each month during FY
95/96, within the approved budget level and staffing.
)> To increase the transient slip revenues to a level 1 % higher than the actual
total transient slip rent revenue for FY 94/95, within the approved budget
level and staffing.
"COMMITTED TO EXCRLLENT CUSTOMER SERVICE"
Cl.BARll"ATHR MUNICIPAl. MARINA DUSINass PUN
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)i> To complete the installation of a fixed sewage pumpwout station. which will
provide service to each slip on the main terminal and east terminal dock,
during FY 95/96, within the approved budget level and staffing.
As of the date of this plan, it appears that all FY 95/96 goals will be met.
The Harbormaster is the manager of 12 marina building lease agreements and 5
land leases assigned to the municipal marina. Five marina building leasa
agreements will expire before September 30, 1996, they are noted by an asterisk .
below:
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Current Marina Building Lease Agreements are:
The Art Connection
Advertising Information Management, Inc.
Carter Communications *
Bruce Littler, Inc.
Harbor Barber/Beauty ·
Marina Dental & Dentures
Marina Gift Shop *
Marina Restaurant *
Spoto Int'l &J and 0 Int'l
U.S. Coast Guard Auxiliary
U.S. Coast Guard *
U.S. Post Office
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Current Land Leases assigned to the municipal marina are:
Bait House
Clearwater Beach Seafood Restaurant
Beach Diner
South Beach Pavilion I
Pier 60 Park Concession (August 1996)
Revenues received from the marina building leases, Bait House, Beach Diner
and Clearwater Beach Seafood Restaurant go into marina revenue fund.
Revenues from the South Beach Pavilion and Pier 60 Park Concession go into
the General Fund.
LAUNCH RAMP
The Launch Ramp was constructed in March 1967, using matching funds
provided through the Outdoor Recreational Development Council. From 1967
until 1986, the launch ramp was operated by the city on a free-use basis.
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"COMMIT'rBD TO EXCELLBNT CUSTONBR SERViCE"
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CL.llARll'"ATnp. MUNIC/PAL. MARtNA IJUStNEUS Pl.AN
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Maintenance costs during this period were borne by the General Fund. Launch
Ramp fees were established on October 1, 1986. The marina borrowed
$180,000 in 1986 to improve the launch ramp with dredging, reconditioning of
the docks, new aluminum floats and landscaping. The launch ramp fees are
used to pay the debt, for maintenance and upkeep of the facility. The debt on
the launch ramp will be paid off in 1997. The launch ramp is scheduled for
resurfacing of the lot and repairs to the supports for the floating docks in FY
96/97. There are between 17,000 and 20,000 boaters using the launch ramp
each year.
The City has a five year agreement with Clearwater Bay Marine Ways. Inc. to
collect daily launch fees at the ramp. The city receives 75% of the collected fees
and Clearwater Bay Marine Ways retains the remaining 25%. The current
agreement runs from December 1, 1992 until December 1, 1997.
The launch ramp provides 4 boat ramps with floating docks. The launch ramp is
open twenty-four hour a day, seven days a week. Parking/launch permits are
required between 6 am and sunset.
Market Environment
The boating industry projects a steady increase in boating activity after a
stagnant period for a number of years. We are poised to meet this increase with
intensified and accelerated marketing of the municipal marina. Both the
municipal marina and launch ramp provide recreational opportunities to people
of all ages who wish to use the waters of Clearwater Harbor and the Gulf of
Mexico.
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Service and Equipment
The municipal marina is staffed by a professional team, that can meet all of the
needs of the customers using the facility. Both the municipal marina and launch
ramp are maintained by the marine service section. This section of the
municipal marina has the ability to repair. replace, build new dock/piers and
install pilings.
To support the marine services section in the maintenance of the municipal
marina and other city-owned facilities. the following floating equipment is
available:
Twenty-five foot tug boat.
Thirty-three foot barge with hydraulic crane.
Nineteen foot utility outboard boat.
"COMMITTBD TO EXCBLLBNT CUSTOMBR SBRVlCu"
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CLnARW.-\TBR MUNICIPAL MARINA JJUsINasS PLAN
"AGn 12
Pricing and Profitability
Pricing for the goods. services, slip rental rates (over 5%) and building rental
rates (for five year period) for the municipal marina, are recommended by the
Harbormaster and City Manager to the City Commission. Under current city
policy. the City Manager can approve three year marina building lease
agreements. Under the Business Plan. marina building rental rates will be
slightly increased at lease renewal time and they will have a CPI increase on
January 1 It of each year of the lease.
Customers
Current and past customers of the municipal marina have indicated that they are
satisfied with the facilities and the service that is provided.
Management
Management for the facility is under the direct control of the Harbormaster. The
Harbormaster is assisted by the Assistant Harbormaster and Marine Operations
Supervisor.
Other on-site operational employees are the Marine Operations Supervisor, Staff
Assistants, Marine Service Technicians. Marine Facility Operators and
Custodians. Each employee is trained in excellent customer service and they
are capable of dealing with the pUblic in a very positive manner.
Financial Resources
The municipal marina construction was financed by sale of revenue certificates.
The Pine lias County Property Appraiser's office has the value of the marina at
$5,734,640. The launch ramp was constructed utili:ling matching funds provided
through the Outdoor Recreational Development Council. The Pine lias County
Property Appraiser.s office has the value of the launch ramp at $106,550. See
APPENDIX 1.
The operational and maintenance funds for these facilities are from user fees,
rent, sale of goods and service. Revenue in access of actual expenditures Is
retained in the non-appropriated retained earnings for the marina. The change
funds maintained at the municipal marina are the fuel dock change fund. marina
office change fund and petty cash fund. These funds have a combined totaJ of
$1,400. Program revenues at Mid-Year for FY 95/96 are projected at
$1,824,220 cmd expenditures are projected at $1t805,460.
"COMMITTSD TO EXCBLLHNT CUSTOMHR SHRVICS"
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CL.8A!tWATnR MUNICIPAL. MARINA DUSINBSS PLAN
PACIl 13
(This page left IntenUonally blank.)
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CLGARll"ATBR MUNtCI/'AL MAUNA BUStNGS': Pt.AN
PAce; 14
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OBJECTIVES
The primary objectives of the marina business plan are:
# 1 OBJECTIVE:
Maintain the mltl1idPal marina as a rtl'eJJ11e prod/Icing acll!,;ty of the Manne Department
and Insure that the city receitJes fair marketlJable for its investment. Also, ins1Ire that the
manila is competitive with other 1I1a,;1I(/S alfd bllsinesses in tbe afra.
81RA TEGIES
DISCOUNTS FOR SLIP RENT
Authorize the Harbormaster to adjust certain boat slip rental rates for special
conditi.ons, such as visiting yacht clubs and flotillas. The discount will not
exceed the approved daily boat slip rental rate by 15%. Marina tenants may
receive a discount when they prepay their monthly slip rent in 6 month (2.5%)
and 12 month (5%) increments.
:)
DArL Y TRANSIENT SUP RENT
Increase the daily transient slip rental rate by .10 cents on October 1. 1996. from
$.80 cents per foot to $.90 cents per foot and on October 1. 1998, increase by
$.05 cents from $.90 per foot to $.95 per foot and on October 1. 2000. increase
by $.05 cents from $.95 per foot to $1.00 per foot per night.
WEEKLY TRANSIENT SLIP RENT
Establish a new weekly transient slip rental rate. Currently, the charge Is $.70
cents per foot per night for weekly transient vessels. The new weekly transient
slip rate will be $4.00 per foot per week. The weekly transient rental rate will be
increased by 5% on October 1. 1998 and by 5% on October 1. 2000. The city
will reserve the right to increase weekly transient slip rent above 5% In any year
of the plan. if warranted.
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MONTHLY TRANSIENT SLIP RENT
Establish a new monthly transient slip rental rate. Currently. the charge Is $.60
cents per foot per night for monthly transient vessels. The new monthly transient
will be $11.00 per foot per month, with no time limit for length of stay. The
purpose of this strategy Is to remain competitive with other marinas in the area
and to encourage the transient boater to extend their visit at the municipal
marina. The monthly transient slip rent will be Increased by 5% on October 1.
1998 and by 5% on October 1. 2000. The city will reserve i.he right to Increase
monthly transient slip rent above 5% In any year of the plan. if warranted.
"CONUITT2D TO EXCBLLBNT CUSTOMER SBRVICIi"
Cl.SARII"'ATnR MUNtCIPAL ,\fA/UNA BUSINIl:: PI..AN
PACIl 15
ALL SLIP RENT INCREASES
Authorize the Harbormaster to make recommendations to the City Manager for
slip rent increase up to 10%, if warranted. All Increases above 10% will require
City Commission approval. Present City Commission polley allows for increases
up to 5% by the City Manager. All increase above 5% must be approved by the
City Commission.
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PERMANENT PRIVATE SLIP RENT
Increase permanent private boat slip rent by $.25 cents on October 1, 1996,
from $3.50 to $3.75 per foot per month for residents and from $4.00 to $4.25 per
foot per month for nonMresidents. The permanent private slip rents will Increase
by 5% on October 1, 1998 and increase by 5% on October 1, 2000. The city will
reserve the right to increase permanent slip rent above 5%. if warranted.
. COMMERCIAL SLIP RENT
Increase the 'commercial tenants slip rent on October 1, 1996, depending on the
total amount of passengers carried by the vessel. Current and recommended
commercial rates are:
RES.. NONRES RES .. NONRES
VESSELS CURRENT RECOMMENDED
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4 Passengers 170 195 195.50 224.25 \
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6 Passengers 200 230 230.00 264.50
7 to 19 Passengers . 230 265 264.50 304.75
20 to 39 Passengers 250 290 287.50 333.50
40 to 69 Passengers 325 375 373.75 431.25
70 to 89 Passengers 350 405 455.00 526.50
90 to 100 Passengers 400 460 520.00 598.00
101 to 160 Passengers 440 510 572.00 663.00
161 and over 720 820 936.00 1,066.00
Special Purpose - Parasail 250 290 375.00 435.00
Multi vessel- small 200 230 230.00 264.50
Multi vessel - large 250 290 287.50 333.50
Yacht broker - seawall 200 230 230.00 264.50
Yacht broker - multi vessel 400 460 460.00 529.00
Yacht repairs - Island Estates 160 185 184.00 212.75
Mooring buoys - Island Estates 315 365 362.25 419:15
High & Dry - Island Estates 120 140 138.00 161.00
Commercial fishing - small 160 185 184.00 212.75
Commercial fishing - large 300 345 345.00 396.75
Bareboat charter 125 145 143.75 166.75
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"COMMITTBD TO EXCELLBNT CUSTOMBR SSIW1CS"
Cl..GAIU"'ATGR MUNtctt'At. MARINA BUSINGSS PLAN
PAC:G 16
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The slip rent for all commercial tenants. except parasall, will be Increased by 5%
October 1, 1997, October 1, 1998 and October 1, 2000. Parasail vessels will
increase by 50% on October i. 1997, and by 5% on October 1, 1998 and
October 1. 2000.
COMMERCIAL TENANT OFFICE/STORAGE RENT
Establish a dock rental charge to each large commercial tenant with enclosed
office and/or storage space over 200 square feet on city.owned docks. The
rental charge will be $4.00 per square foot starting on October i. 1996, with a
5% increase on October 1. 1998 and a 5% increase on October 1, 2000. See
APPENDIX 11 for projected dock office charges.
MARINA BUILDING LEASE RENTAL RATES
Continue a building rental rate of between $12.00 and $20.00 per square foot on
the first floor and between $9.00 and $12.00 per square foot for the second floor.
Current t,enants will receive a slight Increase with the renewal of their lease.
Also, a CPllncrease will be Included on January 16t of each year on all future
Marina building Lease Agreements.
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MARINA BUILDING LESSEE PARKING REQUIREMENT
Add a paragraph to all Marina building Lease Agreements requiring the lessee
and their employees ta park their private vehicles in the Memorial Civic Center
parking lot. '
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MARINE FUEL SALES
Continue to bid for the resale of marine fuels and continue to conduct monthly
surveys of fuel prices at other marinas. The supplier submitting the most
responsive and responsible bid in accordance with the specifications far delivery
of marine fuels for Resale to Clearwater Marina will be issued a contract from
January 1 to December 31 each year. The city may elect to renew the contract
for an ad~itional year under the same terms and conditions.
NEW COMPUTER HARD\^/ARE AND SOFTWARE
Purchase all new computer hardware and software in FY 96/97. This new
computer equipment will allow the marina office staff to better serve citizens and
customers.
#2 OBJECTIVE:
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Increase marifla retJe11l1e ifl each year from 11,932,605 in the first year 10 S2p76,360
iN 'he last year of the pkJII. Also, main/ain expe1Jdilllres at less thall 100% of reVC/1l1es.
"COMMITTBD TO EXCBLLBNT CUSTOMBR SBIl.VICS"
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Cl.l1.1R~ArSp, MUNrCIPA~ M.1l1.lNA nUtlN/Ut PLAN
PACS 17
STRATEGIES
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Adopt strategies ouWned in detaU in Objective #1.
#3 OBJECTIVE:
Conti1111t al1 extensit1e campaign 10 market and promote the tnllnidpa/ marina 10
dtizms and tourists and take frill advantage of the fadll!).
STRATEGIES
ADVERTISING
Continue to advertise in marine publications and develop a full page color ad for
the marina. Continue to sponsor the Safe Boating Pamphlet. which is distributed
to over 40.000 registered boaters in Pinellas County.
MARKETING STRATEGY
See Marketing Strategy sectron of the Business Plan.
#4 OBJECTIVE:
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Continue t1!1111lal customer and safety Iminingfor marina cmplf!Yces to insure the highest level
of standards.
STRATEGIES
CUSTOMER SERVICE REPRESENTATIVE
Change the current Staff Assistant II to a Customer Service Representative
which Is more In line with the duties and responsibilities of the position. The
duties include dealfng with the general public as related to customer accounts,
answering Inquires related to customer accounts requiring knowledge of
department operations.
CUSTOMER SERVICE TRAINING
Each Marina employee will receive customer service training on an annual
basis. Customer service will also be discussed at monthly supervisor meetings.
SAFElY TRAINING '
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"CONNITTBP TO EXCB1.LBNT CUSTONBR SBRVJCB"
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CL8ARWATBR MUNICIPAL MARINA DUSINBSS PLAN
l'ACE 18
Employees of the Marine Service Section will receive HAZMA T refresher training
and attend other safety classes, as directed.
COMPUTER TRAINING
Marine office staff will be scheduled for advanced training in computer training
during the years of the Business Plan.
OTHER TRAINING
Olher training will be scheduled for Marina employees, as needed, during the
years of the Business Plan.
#5 OBJECTIVE :
Cont~JIIle to upgrade the municipalman'na to il1sure Ihat the facility is a "Show Piece" 011
Clearwater Beach.
STRATEGIES
DECORATIVE LAMPPOSTS
Replace all lampposts on the main dock in FY 96/97. With these added
decorative lampposts, all marina and dock lampposts will be consistent and the
same.
POWER OUTLET UTILITY STATIONS
Replace all east and main power outlet utility stations with modern, upgraded
stations in FY 97/98.
PORTABLE SEWAGE STATION FOR ISLAND ESTATES MARINA
Purchase a portable sewage system In FY 96/97, for use by tenants at Island
Estates Marina.
MARINA KIOSK
Purchase and install a kiosk inside the Marina building lobby in FY 96/97.
#6 OBJECTIVE
Continue to maintain and 1IjJgrade the launch ramp, 10 insure that the jQcili!y is one the dry
" can be prolld of.
STRATEGIES
"CONNITTBD TO EXCELLBNT CUSTOMER SlUtVICB"
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CL.BARll"ATBR MUNICIPAl. MARINA nUSlNIiS.s PUN
l'ACt; 19
PARKING LOT
Resurface the entire parking lot for vehicles with boat trailers in FY 96/97.
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BOAT RAMPS
Repair the concrete landing for the floating docks in FY 96/97.
DREDGING
Evaluate the need for maintenance dredging of the launch ramp in FY 97/98. If
it is neededt it will be funded with unappropriated retained earnings of the
marina. "Penny for Pine Has" tax and/or a low interest loan from Marina
borrowing.
MAINTENANCE
Continue annual maintenance costs for the launch ramp. The maintenance
costs also cover the costs of the sewage disposal station at the launch ramp.
AGREEMENT WITH CLEARWATER BAY MARINE WAYSt INC.
Renew the agreement with Clea~ater Bay Marine Ways. Inc. on December 1 t
1997. at the same rate of 25% for daily launch/parking permits.
The new Marina Operation Goals for FY 96/97 are:
· To limit the monthly boat slip vacancy rate to 60 single slip days for the
5,000 commercial and private boat slip days occurring each month
during FY 96197 t within the approved budget level and staffing.
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. To increase the transient slip revenues to a level 1% higher than the
actual total transient slip rent revenue for FY 95196, within the approved
budget level and staffing.
. To complete the installation of recycled decking on the catwalks on the
east dock of the Marina, during FY 96197, within the approved bUdget
level and staffing.
Rationale
"COMUIT'1'BD TO EXCBLLBNT CUSTOMER SEII.VICE"
Based on our experience with the municipal marina operations for many yearst
we feel that all our objectives and strategies can be met because:
The municipal marina Is well known throughout the surrounding area and marine
community as a highly desirable facility to visit. Our recent customer satisfaction
survey (60.2% excellent. 26.7% good. 9.5% neutral. and 3.6% other in FY 94/95)
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CLBARIrATBR MUNIClPAI. MARINA IJUJlNl1SS l'1.AN
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shows that a large majority of our customers are satisfied with our service. Even
SOt we will continue to improve our total operation.
Revenue has increased each year for the past fjve years and we anticipate that
it will continue the upward trend in each year of the plan. The National
Association of Marine Products and Services fiveMyear forecast calls for a
modest upward trend In boat sales until 1999. Marina staff have become more
experienced in customer service. facility operation and is prepared to meet the
future growth and challenges with the facility.
Return on Investment
Based on the amended midMyear budget for FY 95/96 budget, the Marina
Operations revenues are projected at $1 t824.220 and expenditures at
$1,805,460. With this projected budget. expenditures are expected to be 98.9%
of total revenues. As an Enterprise Fund of the city. all surplus funds each year
. are deposited into the unappropriated retained earnings of the municipal marina.
See APPENDIX 10 for some historical expenditures on the marina.
Financial Objectives
:) To better understand the financial objectives for the municipal marinat we need
to look back over the past three and the current fiscal year at revenues and
expenditures. Listed below are actual revenues and expenditures for FY 92/93.
FY 93/94 and FY 94/95 and amended MidMYear for FY 95/96:
REVENUE FY 92/93 FY 93149 FY 94195 FY 95/96
Slip Rental 457.698 486.695 505.428 505,000
Bldg Rental 100,118 110.130 154,386 138.000
Land Rental 85tOOO 95,000 80,000 95,000
Gas & Oil 843t881 812t853 956.945 925.000
Sale of Nat.Gas 470 385 420 600
Gear Box Rental 4.485 4.838 5t276 5.500
Seminole Ramp Fees 39.702 41,676 41,036 40,000
Marina Elect Ser 32,076 37,454 40.400 43,000
Marine Tele Comm 1,173 790 0 0
Miscel Revenue 2,357 6t107 2.055 2.500
Interest Cash Pool 30t 139 23,856 22,171 24,000
Interest Other 0 2t720 2,744 3.000
Workers Comp 0 1.765 0 0
Service Charge 97 t 790 97.530 136,210 69t620
REVENUE TOTALS 1 t695,249 1,721.999 1.921.128 1.824.200
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EXPENDITURES \
Personal Service 469,222 511,042 519,337 504,530
other Op Exp 944,892 1,000,025 1,143,135 1.139.450
Internal Ser 31,818 31,353 49,791 51,030
Capital 692 4.795 0 2,370
Debt Service 78,338 114,417 74, 177 67,790
Transfer 212,552 0 64.360 40,000
EXPENDITURE TOTALS 1,737.514 1,561,632 1,850,799 1,805,460
% Expenditure of
Total Revenue 102.5% 90.7% 96.3% 98.9%
Financial Goal
Our financial goal is to maintain the municipal marina as a revenue producing
facility. which has increases in certain years of the plan.
This goal will be met by increasing the rate structure for boat slip tenants and
increasing the rent for building leases and adding a CPI increase on January 1 lOt
of each year. In the event CPI adjustments do not keep up with revenue
projections, then additional adjustments to the rates will be made to insure that
the city is getting fair market value for the marina. See the municipal marina
projected five year program statement for financial projections.
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.. Position for Growth
Our position for growth is good, and can be accomplished with the following:
)> Understanding our customers, both boater and nonwboater.
)>. Unde:rstanding the needs of the marine community.
)t Rates charged must be sufficiently competitive to attract and retain tenants.
)0 Balance goalS and objectives.
)0 Maintain a highly qualified and customer service trained staff to deal with
tenants. citizens and customers.
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CL.BARll"ATBR MUNICIPAL. MARINA BUJlNHSS Pl..AN
PACU 22
MANAGEMENT
MUNICIPAL MARINA TEAM
The municipal marina team Is made up of all the employees assigned to the
marina. They are: Harbormaster. Assistant Harbormaster. Marine Operations
. Supervisor, Staff Assistant III. Staff Assistant II. Marine Service Technlclans~
Marine Facility Operators and Custodians. The organizational chart for the
municipal marina is attached as APPENDIX 4.
MUNICIPAL MARINA TEAM RESPONSIBILITIES
HARBORMASTER
As Department Director for the Marine Department. supervise the overall
operation of the municipal marina.
Maintain the marina as a self-supporting enterprise fund of the city.
Approve new innovations. rate changes. tenant and operational practices for the
municipal marina.
Negotiate and recommend marina building lease agreements to the City
.Manager and City Commission. '
Adjust marine fuels for resale prices as needed.
Monitor Land Leases assigned to the Marine Department.
Identify areas for future growth with the municipal marina and launch ramp.
Plan for the future with regard to the Marina complex.
Maintain the launch ramp as a city-owned facility.
ASSISTANT HARBORMASTER
Assist with endorsements, suggestion and recommendations for the operation of
the municipal marina to the Harbormaster.
Submit suggestions for new Innovations for the municipal marina.
Assist with the identification of areas for future growth with the municipal marina.
Oversee the daily operation of the municipal marina.
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Assist with the maintenance of the launch ramp.
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MARWEOPERATIONSSUPERWSOR
Submit suggestions and recommendations on the operation and maintenance of
the municipal marina to the Harbormaster and Assistant J;arbormaster.
Submit suggestion for new innovations for the maintenance and operation for the
municipal marina.
Insure that weekly Inspections of the launch ramp are conducted and that repairs
are made as soon as possible.
Assist with the identification of areas for future growth with the municipal marina
and launch ramp.
Assist the Harbormaster and Assistant Harbormaster with the daily operation of
the municipal marina and launch ramp.
STAFF ASSISTANT III
The Staff Assistant III for the municipal marina is responsible for the
accountability of revenues and deposits for the municipal marina. launch ramp,
Pier 60 afld Clearwater Community Sailing Center.
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Handles telephone calls. mail. questions and complaints from customers and
citizens. Sells municipal marina and launch ramp daily, m~nthly and yearly
parking permits.
Assist with the daily operation of municipal marina business office as directed.
Submit suggestions for new innovations for the municipal marina business office.
STAFF ASSISTANT II
The Staff Assistant II for the Marine Department handles telephone calls, mall,
questions and complaints from customers and citizens. Record and deposit
revenue from the municipal marina, launch ramp, Pier 60 and Clearwater
Community Sailing Center. Sells municipal marina and launch ramp daily,
monthly and yearly parking permits.
Submit recommendation for assignment of permanent boat slips and track slip
rent occupancy on a monthly basis.
Assist the Staff Assistant III with the daily operation and management of the
municipal marina business office, as directed.
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"CONlollTTBD TO e.XCBLLIlNT CUSTOMBR SHkV1CI:l"
Ct.B'ARWA'J'SR MUNICIPAL. MARINA DU.SlNB'S! PLAN
PACE 24
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Note: In the business plan. this position Is recommended to be changed to
Customer Service Representative.
MARINE SERVICE TECHNICIAN
The Marina Service Technicians handle rebuilding. repairs. maintenance to clty-
owned docks, pilings. buoys, and marina building (inside and outside).
Assist the Marina Operations Supervisor with the daily operation of the municipal
marina.
Assist with the repairs and inspections to launch ramp.
Submit suggestions for new innovation in the maintenance for the municipal
marina.
MARINE FACILITY OPERA TOR
The Marine Facility Operators for the municipal marina assign slips to transit
boaters. collect slip rent. sell parking permits, assist boaters and disburse
marine fuels. .
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Assist the Marina, Operation Supervisor with the daily operation of the municipal
marina, as directed.
. Submit suggestion for improvements in marina operations.
CUSTODIANS
The Custodian for the municipal marina has primary responsibility' for the
cleaning of all public spaces such as the rest rooms, lobby and tenant showers.
Pick up and clean all docks. parking lot and outdoor areas of the marina
complex. Submit suggestions for the improvement of the marina appearance and
sanitation.
The part time Custodian for the municipal marina has the same duties but works
on Saturdays and Sundays and during times of absence of the full time
custodian.
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Marina Security
POLICE AIDE
The police alde.s provide security for the municipal marina complex from 9 PM
until 6 am each day. Police Aide.s are trained and supervised by the Clearwater
Police Department. Cost for Police Aides services comes from marina revenue.
"COMMITTBD TO EXCBLLENT CUSTOr.l:ER SERVICE"
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P..ICIl 25
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OTHER
MARWEADWSORYBOARD
The Marine Advisory Board is made up of highly qualified members of the
marine community who act as advisors to the City Commission on the Marine
Department. They are appointed to a 4 year term and advise the City
Commission on matters retatlng to ttie Marine Department. APPENDIX #5 lists
the current members of the Marine Advisory Board. The Harbormaster is the city
representative for the Marine Advisory Board.
CONCLUSION
The strength of the municipal marina team stems from the combined expertise in
both management and technical areas, which has produced excellent results
,over the past years. The total length of marine related experience for the current
Harbormaster, Assistant Harbormaster and Marine Operations Supervisor is well
over 100 years. The leadership and alignment characteristics of the municipal
.. marina team have resulted in broad and flexible goal setting. to meet the
demands of the marine community and our citizens and customers. This is
evident when the team responds to situations requiring new and innovative
capabilities.
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CLBARll"ATBR MUNICIPAL MARINA BUSINess PLAN .
PACE 26
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SERVICE DESCRIPTION
The municipal marina is ideally located on famous Sparkling Clearwater Beach.
It is one of the best equipped and most attractive marinas In Florida and offers
access to all boating activities. fishing, fine dining. shopping. entertainment and
outstanding white sandy beaches.
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The municipal marina is a multipurpose facility that Is open seven days a week,
and staffed by employees that are skilled In providing "Excellent Customer
Service". Our employees take pride in meeting the requirements of our citizens
and customers.
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Current Marina Customer Service
);> Trained staff to meet all customers needs
);> Reasonable private slip rental rates
);> 'Reasonable transit slip rental rates
)> Monitor Channel 16 VHF from 6:30 am until 6:30 PM
);> Twenty-four hour security
~ Sewage pump-out conn~ction at all private slips
);> Free sewage pump-outs to all boaters
~ Fuel Dock open from 6:30 am until 6~30 PM
)> Commercial diesel fuel
);.. Non-commercial diesel fuel
);> Gasoline
);> Easy access to public transportation
,.. Rest rooms
);> Showers
);> A TM in Marina building lobby
);> Recycling center for glass, paper and aluminum
);> Waste 011 dump tank for boaters
>> Telephone connection available at all private slips
);> Free fishing pier at the east end of the marina
. ,
Marina Commercial Services Available
);> Bait House
);. Fresh seafood retail store
);> Seafood restaurant
>> Dinner boats
.)> Dance & cruise boats
>> Sailing charter boats
)> Fleet of party fishing boats
)> Fleet of charter fishing boats
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"COMMITTRD TO EXCRLLENT CUSTOMnR SERVlcn"
C1..BARlrATnR MUNICIP.-l1.. MARINA DUSlNEiSS PLAN
PACEi 27
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)> Parasail boats
>> Dive boats
>> Boat rentals
>>- Sightseeing boats
~ Marina restaurant
>> Nautical Shop
>> Gift shop
>> Barber/beauty shop
>> Dentist
>>- Newspaper
, };> .Post Office
The municipal marina is recognized throughout the marine community as a
family oriented facility, that is professionally managed and very responsive to the
needs of customers. citizens and visitors. AU the needs of the boating publiC are
met at the municipal marina. <
Seminole Street Launch Ramp
."
. The launch ramp is open seven days a week, 365 days a year. Daily
Launch/Parking permits may be purchased at the Bait House. The city has an
agreement to sell daily permits at the ramp and the bait house retains 25% of the
. cost of the permit. The parking lot is enforced by the Police Department each
day from 6:00 am until sunset. Monthly and yearly permits may be purchased at
the Harbormaster office, located at the municipal marina. The city retains 100%
of the monthly and yearly permit costs. Listed below are current customer
services:
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};> Launch ramps and two fixed docks.
~ The launch ramp has a vessel sewage drop station for portable marina
toilets. outboard engine flushing facility. fish cleaning station and mini park
with picnic tables.
};> The shoreline west of the launch ramp is also used by local fisherman.
"
Pay Back
The pay back to the city will be in high citizen and customer satisfaction and the
fact that it the facility provides a vaJuable service to the comrT)unity. Additional
pay back will be to the Marina commercial tenants who will benefit from the
returning customer and visiting boater.
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Cl.BARWATUR AfUNIC1.'>Al. MARINA BUSINBSS PLAN
PAGB 28
Useful Purpose and Benefits
The municipal marina provides a useful purpose and benefit to the boating and
non-boating community. This facility provides a safe and enjoyable location to
moor boats and it can be enjoyed by boaters, non-boater,s. and visiting tourists.
These combined capabilities provide a great atmosphere for customers.
Features Highlights
The municipal marina facility is extremely attractive and well maintained and
provides a valuable service to the community. The marina building offers many
fine commercial businesses and is equipped with the largest fishing fleet on the
west coast of Florida. The municipal marina can meet the needs of most nan-
boat owners.
Key Benefits of All Services
The major benefit of the municipal marina is that it is a multipurpose facility
which is an asset to the City of Clearwater.
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Customer Satisfaction Survey
A customer satisfaction survey was completed in 1994. The survey showed
60.2% of all customers rated the municipal marina as uExcellent''. 26.7% rated it
as "Goodtt, 9.5% rated it "Neutral" and 3.6% as other.
Customer Satisfaction is Defined as:
Customer Service - the dependability and overall quality of execution of our
programs, maintenance, and customer support functions.
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Customer Programs and Service - the ongoing identification of external
customers needs and the development of new programs and services to meet
. those needs.
Organizational EffectIveness - the maximum utilization of organizational
response and the reduction of operational obstacles to efficient and effective
customer service execution.
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Employee Quality - the development of quality service through training and
education of our employees.
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CL..BARll"ATBR MUNICIPAL MARINA BUSINUSS PLAN
PAcn 29
Other Planned Services for the Business Plan Years
~ Installation of cable TV connections on the main and east docks. (available
July 1996)
~ Provide free cable TV hookups for transient boaters.
)> Installation of a TV weather monitor in the marina building lobby.
')> Installation of laundromat facilities for boaters.
)> .Install additional transient boater showers at the east dock.
, .)> Install recycled lumber decking on the east dock catwalks.
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CI.BARWATBR MUNICIPAL MARINA BUSlNBSS PUN
PACB 30
MARKET ANALYSIS
At the present time, there are six (6) municipal marinas within Pinellas County
and six (6) boat launching ramps within the local area.
MUNICIPAL MARINAS
City of St. Petersburg Municipal Marina
300 2nd Avenue SE
St. Petersburg, FL 33701
City of Gulfport Municipal Marina
4630 29th Avenue S.
GUlfport, FL,3~711
City of Madeira Beach Municipal Marina
503 150th Avenue
Madeira Beach, FL 33708
. City of Clearwater Municipal Marina
25 Causeway Boulevard
, Clearwater. FL 34630
City of Dunedin Municipal Marina
: 51 Main Street
Dunedin, Fl 34698
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City of Tarpon Springs Municipal Marina
Post Office Box 5004
Tarpon Springs, FL 34688
BOAT LAUNCH RAMPS
City of Clearwater ~ Clearwater Beach Recreation Center launch Ramp
. City of Clearwater ~ Seminole Street launc~ Ramp
City of Belleair - BeHeair Causeway Launch Ramp
City of Dunedin ~ Munic.ipal Marina Launch Ramp
City of Indian Rocks Beach - Two Launch Ramps
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"COMMITTBD TO EXCBLLBNT CUSTOMBR. SERVICE"
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CL.8ARWATBR MUNICIPAL MARINA BUSINBSS PUN
PACl1 31
Market Definition
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The key points in defining the market segment for municipal marinas and boat
ramp launching faclllties Is the ability to provide facilities that meet the concerns
of the marine community. Currently, the municipal marina market is shared by
approximately thirty private marinas and five municipal marinas within Pine lias
County. Boat owners and operators are looking for safe facilities to moor, launch
& retrieve their vessels. These facilities should be staffed by trained
professionals with extensive marine knowledge.
The municipal marina ability to operate and provide a service to the boating
community is a positive asset for the City of Clearwater.
The stability of the marine market segment is steady. and based on past years
trends, should continue over the next five years. Florida Marine Patrol and
leading marine publication projections agree that the trend for boating will
Increase in the future.
Strengths
The strengths of each facility are:
o
MUNICIPAL MARINA
Ideal location on Clearwater Beach.
No draw bridges to the Gulf of Mexico.
Marina Is in excellent condition and very well maintained.
Twenty-four (24) hour security by employees and police aides.
Showers for boaters.
Free pump outs for .all boaters.
Police security for Island Estates Marina.
Excellent customer service.
Staff displays a strong spirit of cooperation.
Attractive permanent private slip rent.
Attractive commercial slip rent.
Attractive transient slip rent.
Attractive prices on marine fuels.
Commercial & non-commercial diesel fuel and 89 Octane gasoline available.
ADA lift on the docks for handicapped boaters.
ADA lift Inside the Marina building lobby.
Access to sparkling public beaches.
Restaurants.
Bait house.
Post Office.
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"COMNITTUD TO EXCBLLBNT CUSTOMllR SRRVICI1"
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Ct.1/ARII"ATBR MUNICIPAl. MAKIN... /IUJ/Nf1SJ "JoAN
PAGB 32
Free fishing pier.
, Easy access to public transportation.
LAUNCH RAMP
Frequent users of the ramp can get monthly or yearly permits at a discount.
Police security.
Good location.
Ramps and floating docks well maintained.
Fish cleaning station.
Sewage disposal station.
Mini parkt with picnic tables.
Fishing bait and supplies available.
IN MARKETINGt OUR MOST POWERFUL ASSETS ARE:
, 1. Facility.
2. Location.
3. Management.
4. Reasonable Cost.
5. Hours of operation.
6. Cooperatiory.
Weaknesses
The weaknesses of each facility are; I
MUNICIPAL MARINA
Parking is Jimited during certain times of the year.
. Can not accommodate vessels over 130 feet.
Depth of water in the Clearwater Marina channel.
No room for retail expansion inside the marina building.
No room for expansion of boat slips.
LAUNCH RAMP
.. No room for additional parking of vehicles with trailers.
No room for additional boat launching ramps.
. Vehicle and boat congestion on holidays and busy summer weekends.
The municipal marina is located within the boundaries of water lot number 1.
which is owned by the city. The seawall, main doqk and east dock slips have
been designed to provide for the maximum utiUzation of the water lot. The
addition of more' slips in the water lot number 1 will effect the safe navigation of
vessels using the marina basin.
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"COMMITTED TO BXCBLLBNT CUSTOMBIl SBIlVICB"
CL.BAR\r'ATBR MUNICIPAL. MARINA BUSINBSS l'l.AN
PACB 33
Parking is limited at the municipal marina during spring break. some summer
weekends and other times of special events on the beach.
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Opportunities
A major opportunity exists with transient boaters making the municipal marina a
port of destination. The municipal marina has great potential in each of the next
five years.
Unexp10red Opportunities
Explore the opportunity for Federal and State grants for marina facilities and
waterway environmental improvements.
CUSTOMERS
THE EXTERNAL CUSTOMER is our daily service focus. It is our objective to
meet and exceed all reasonable needs of our external customers and to make
possible expanded/enhanced services through a bigger, more professional and
cost effective operation.
~ .
OUR EMPLOYEES AND STAFF are the key to our success. It is our objective to
select the best personnel. provide the best training, communicate our goals and
objectives, and build them into a cohesive team capable of meeting the demands
of the facility and new challenges.
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THE CITIZENS OF THE CITY OF CLEARWATER are our owners and the body
we answer to ultimately. The City Commission serves as their trustees and as
the Board of Directors. It is our objective to provide a safe, professionally run
municipal marine facility that our customers can be proud of.
OUR INTERNAL CUSTOMERS are a vital element In the successful execution
of o.ur external customers. Other city departments play an important role In
assuring our daily and long term success. It is our objective to effectively
communicate our needs, build healthy relationships, and demand excellence in
all our services.
Communication is the link between customer groups. It is the key to
understanding and a successful execution of our business plan. Only when all
customer groups understand the differing view point and reasonable needs of
others can a balance be reached which meets the objectives of all involved.
Quality is a fundamental commitment of the municipal marina and to provide it in
all our services to customer groups.
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J'AC;11 34
A customer satisfaction survey Is planned for each year of this business plan.
The objective of the survey Is to Identify the demands of our customers and to
respond to them. On each survey. at least one suggestion will be adopted by
the Municipal Marina Team.
Customer List
A list of present marina building lease tenants, land lease tenants and municipal
marina sUp tenants!s attached as APPENDIX 6 and APPENDIX 7.
COMPETITION
MARINAS
There are approximately thirty (30) private marinas and five (5) municipal
marinas located within Pinellas County. Due to the location of the municipal
marina, our reasonable rates, our Marina Team, our goal of "Excellent Customer
Service" and our relationship with the marine community, the marina has limited
competition within Pinellas County.
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BUILDING BUSINESS SPACE RENTALS
The municipal marina is in competition with several business in the Clearwater
area that offer business space rentals. Our location is excellent and our per
square foot rental rate is reasonable. Other business in the area leasing floor
space are not considered to be a threat to our operation.
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LAUNCHING FACILITIES
The only launching facilities in the area are Clearwater Beach Recreation Center
Ramp, Dunedin Municipal Marina Ramp, Belleair Causeway Launch Ramp, and
two launch ramps in Indian Rocks Beach. With the increase In boat owners, all
these ramps are heavily used on weekends and holidays.
"CoMMITTno TO I!xcnLLIlNT CUSTOMIlR SIlItV1CI1"
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PAGB 36
MARKETING STRATEGY
The rT)unicipal marina marketing strategy is to enhance, promote and support the
fact that this facility is professionally maintained and managed and that it
provides a service to the community.
Comprehensive Plan
The overall marketing plan for the municipal marina is based on the following:
c:> . This facility is multipurpose, serving the diverse needs of tourists, citizens of
ClealWater and the marine community.
Q The segments of the markets we plan to reach are both the boaters and non~
boaters.
Q The distribution channels we plan to use to reach the market segment are:
local newspaper advertising, advertising In nationally distributed marine
information publications, news releases, word~of~mouth within the marine
community and City of Clearwater Channel 15 public service television.
Q We plan to capture a large share of the marine market by aggressively
promoting excellent customer service, maintaining reasonable rental rates
and maintaining the facility.
To prove the value of the municipal marina we can:
1. Promote the facility as much as possible, within approved budget restraints.
2. Demonstrate its effectiveness to citizens of Clearwater and the marine
community.
3. Operate the municipal marina as effectively as possible, within approved
budget restraints.
. The need for the municipal marina in the local area is demonstrated by the fact
that there' are no other facilities within this area that can provide the same level
of marine services.
"COUf,UTTED TO EXCELLENT CUSTOUUR SERVICE"
CLBARtr"ATnR MUNICIPAL },fARINA nUSINBSS PLAN
PAGU 37
Positioning
/.-....,
The municipal marina Is seen by the general public and the marine community
as a real asset to the City of ClealWater. Users of this facility have the
perception that the municipal marina is well managed and ideally located for
many activities. Its unique advantages can be exploited. In terms of marketing
advantages, the facility can be used to satisfy customers at a high level of
approval.
Reposition the Competition
We can reposition our competition by Insuring that our customers receive
excellent customer service, maintain the facility to high standards, continue to
train the Marina team and provide competitive marl<et rates.
Marketing Responsibilities
Marketing of the municipal marina will be the responsibility of:
Harbormaster
Assistant Harbormaster
Each position will pursue the measures of this Business Plan in marketing the
municipal marina.
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PRICING & PROFITABILITY
Charges for business space rental leases for the municipal marina building are
negotiated by the Harbormaster, City Manager and approved by the City
Commission. Boat slip rates over 5% are recommended by the Harbormaster,
City Manager and approved by the City Commission. Prices for other goodS or
services are set administratively and they are:
Competitive
Reasonable
Based on standard markups
The',prlces for services are determined by surveys on charges by other facilities.
Compared to the competition on business space rental leases, slip rates, launch
ramp rates and goods and services ,our prices are reasonable, but some need
adjustments. There are no increased seasonal ch?rges for the municipal
marina. The charges are the same year round. Customers will pay the existing
"COMMITTED TO EXCBLLBNT CUSTOMJUI. SSRVICE"
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CLEARWATBR MUNICIPAL MARINA DUsmSss PUN
PAGE 38
c,harges and recommended increases because of the location of the marina and
the quality of service and/or goods that are provided,
Margin Structure . Discounts
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, Purchases for resale or maintenance/oper~tions for the municipal marina will be
paid on time, to take advantage of discounting offers.
Commercial tenants of the municipal marina receive an 8 cent per gallon
discount off the pump price. Also, a 5 cent per gallon discount off the pump
price 15 allowed for fuel sales over 500 gallons.
Current Municipal Marina Charges
Transient:
Daily Rate - $.80 per foot per day.
Weekly Rate ~ $.70 per foot per day.
Monthly Rate ~ $.60 per foot per day.
Private Pleasure Craft:
$3.50 per foot per month for resident.
$4.00 per foot per month for non-resident.
Commercial Boats:
Monthly rate is charged based on length of boat and passenger capacity.
They range from a 4 passenger 35 ft boat for $170 per month to 160
passenger 70 ft boat for $440 per month (nonM residents pay any additional
surcharge of 15%).
Municipal Marina BuildinQ Rental Rates:
Fees vary depending on the specific contract, with the length of the contract
ranging from 5 years. Current square foot rates range from $8.68 to $19.84.
Marina Fuel Sales:
Prices for the gasoline and diesel fuel vary with the fluctuating market. The
Harbormaster adjusts the pump prices on a weekly basis. Each month,
Marinas in the area are surveyed and fuel costs compared.
Natural Gas Rates:
The natural gas fee for the Marina Restaurant is currently estimated at
$50.00 per month. The restaurant does not have a separate gas meter to
monitor its consumption, so the amount Is estimated and considered a .
reimbursement to the Marina toward the total gas bill received from the city.
"COUNITISD TO EXCELLENT CUSTOMER SHkVIC!l"
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Cl.SARlt"AT8R. MUN1CII'ALMARINA BUsINess PLAN
PAClJ 39
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Municipal Marina Miscellaneous Charges:
The miscellaneous charges consist of moneys collected from tenants for
repairs to damageg docks caused by their vessels and charges collected for
improvements to slips requested by tenants.
Gear Box Rentals:
A monthly fee of $5.00 is collected from each private tenant who has a city
supplied gear box at his/her slip. The city maintains and repaIrs the gear
boxes. Note: See Objectives Section for recommended changes in marina
charges.
Marina Electrical Service
. Commercial and private tenants are charged based on the amount of electric
used at the slip. Currently, charges are assessed at $.09 cents per kilowatt.
Electric meters have been Installed at all boat slips since 1992.
Seminole Street Launch Ramp Rates
Daily Permits
$3.00
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Monthly Permits
. Resident
Non~Resident
$10.00
$15.00
Yearly Permits
Resident
Non~Resident
$100.00
$150.00
Quarterly Permits
January .
. April
"July
October
Resident
$100.00
75.00
50.00
25.00
Non~Resident
$150.00
112.50
75.00
.37.50
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SELLING TACTICS
Current Selling Methods
Current activities that are used in marketing the municipal marina are direct
calling, telephone. advertising in local newspaper. news releases and
advertising in nationally distributed marine publications.
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CLBAR\I"'.....TIiR }.tUN1CII'AL MARINA DUSlNl1SS PWN
PAGn 40
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Telemarketing
The following will provide information on the marina:
Video Bulletin Board (Channel 15)
Follow-up telephone calls & in the telephone directory
Kiosks with city - wide information
The Internet
DISTRIBUTION
The municipal marina will use several different distributions channels. The
determining factors in choosing these channets are:
Customer profiles.
Location.
Seasonal concerns (with the transient boaters).
Efficient use of budgeted funds.
Method
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The primary means of distribution will be through advertising, invoice inserts and
information pamphlets.
Pamphlets will be placed at
Marina Office Counter.
Marina Fuel Dock.
Chamber of Commerce Welcome Centers.
Annual City Expos.
Local Businesses.
Additional information will be distributed through the City's Silver Image Kiosk
located in local malls and other location within the city. By using several
methodst the municipal marina will have more options with which to respond to
special needs from citizens and the marine community.
Coverage
Target areas are the marine community, which have the highest interest in the
facilities and the services provided. Because our distribution network is already
set up and in uset customers can enjoy our services now. This. in turn,
increases customer return and satisfaction.
Customer Service
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Municipal marina staff emphasize that support Is one of their major concerns.
They are appreciative of the support from the U.S. Coast Guard Auxiliary and
"COMMITTED TO EXCI$LLBNT CUSTONll.lI. SERVICE"
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CLflARlI"ATBP. MUNICIPAL MARINA nUSINllSS P1..AN
PAGn 41
U.S. Power Squadron in promoting marine safety. The municipal marina
telephone is staffed from 6 am until 9 PM daily to take messages from
customers. Telephone calls are returned within 24 hours.
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ADVERTISING AND PROMOTION
The municipal marina team recognizes that the key to success requires
extensive promotion. This must be done aggressively and on a wide scale. To
accomplish our. goals, we require an extremely capable staff for advertising. We
plan to advertise in local newspapers and marine trade magazines. Advertising
will be accomplished within the approved budget for the municipal marina.
, Current outlets for advertisement are:
Teall Morrow Publications
Pleasure Boating Magazine
Marine Safety Pamphlets
See Magazine
Waterway Guide
Tide Tables Press Corp.
Marine Publications Camp
Sun coast Fisherman Guide
Waterway Facilities Guide
Soundings ~ Trade Only
Local Newspapers
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Advertising and Promotion Objectives
The advertising and promotion objectives of the municipal marina are:
>> Position the municipal marina as the leading marine facility in the local area
and west coast of Florida.
>> Increase awareness of municipal marina as well as name recognition among
customers and the marine community.
)> Generate qualified leads for possible tenants for the municipal marina and
business located within the marina building.
>> Develop significant information for immediate and long~term marketing plans.
)> Create product advertising supporting the customer service goal of "Excellent
Customer Service" motto. '
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CLBARWATBR },fUNICrPAL MARINA BUSINESS PUN
]'ACB 42
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). Coordinate literature, material, programs, and direct response promotions in
order to improve our overall promotional campaign.
Media Objectives
Gain awareness of the municipal marina among the marine community, local non
boat owner residents, boat owners, and the general public.
Establish an image for the municipal marina as a facility that is run in a very
professional, completely reliable, and highly responsible manner.
Maximize efficiency in selection and scheduling of publications that cover the
municipal marina in several markets.
Media Strategy
, Position the municipal marina in quality publications that are consistent with our
objectives.
Select primary business publications with high specific market penetration.
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Schedule adequate frequency to impact the market with messages and stories
on the municipal marina.
Select specific media to reach several markets.
Position advertising at welcome centers and community centers.
Special high.interest marine community publications.
Maximize advertising life with monthly and weekly publications.
Maximize use of City of Clearwater public relation media efforts.
To get the most out of our promotional/advertising budget, our media coverage
will be to focus on the marine community.
An advertising campaign will be built around how great the municipal marina
facility Is, beginning with our goal of "Excellent Customer Service" and
supporting It with advertising that reinforce a positive message. Importantly, a
consistent reach and frequency will be sustained throughout all the years of this
Business Plan. '
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PAGB 43
Advertising Campaign
The best way to reach potential customers is to develop and continue an intense
advertising campaign promoting our basic premise that the municipal marina is a
full service facility, managed by a professional staff, with a goal to provide
excellent customer service.
To maintain our image, as one of the finest marinas within the State of Florida.
MuniCipal marina advertising will convey the look and feel of relaxed "get away
from it all" marina, which is located close to the sparking waters and white sandy
- beaches of Clearwater Beach.
The customer mind set, as described in "Marketing Strategies" is to get the best
return for their recreational/leisure doUars, while using a great facility.
Ideally, after becoming familiar with the municipal marina the customer will:
Become a frequent user.
Become a returning visitor.
Share their positive information about this facility to others in the marine
community and suggest they take advantage of these great facilities.
Because the municipal marina is an important asset to the City of Clearwater, it
is important to develop a promotional campaign that is consistent and easy to
understand. Accordingly, we have created a system of research and response
to insure the maximum benefit of our advertising dollars. We will develop an
advertising history that measures publication effectiveness and counts the
number of inquiries for a particular ad. Advertisement sizes will be varied,
measured for effective differences and calculated by the number of responses
per investment in advertising.
"T" "".,
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Preliminary Media Schedule
Our current advertising budget is $10,000. Due to the seasonal nature of our
tourist and the transient marine community customers, advertising will be
increased during certain times of the year. It is projected that $10,000 in each
year of the Business Plan will accommodate the marina's advertising needs.
Promotion
In addition to standard advertising practices, we will gain considerable
recognition through public service announcements. Reports and papers will be
submitted to trade journals and marina conferences.
"COMN1T'J'RD TO EXCELLBNT CUSTOMBR SERVICE"
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CLnARlI"ATBR MUNICIPAL MARINA DUSINBSS ]JLAN
IJAGB 44
Incentives
As a token of appreciation, the municipal marina distributes to its tenants a
calendar/scheduler booklet, with the municipal marina customer service motto
embossed on It.
During the month of December, the Harbormaster sends a Holiday Card to each
tenant. The card has a personal message thanking them for being a tenant of
the marina during the past year.
Direct Mail
Messages about municipal marina activities, hurricane information, and general
marine community information Is included with ~ach month billing. Additional
public service inserts are included in this billing when required.
Municipal Marina and Launch Ramps Pamphlet
APPENDIX 8 Is the current pamphlet on the municipal marina, and APPENDIX 9
is the current pamphlet on the ramp. These pamphlets portray the facilities as
leading multipurpose facilities with many activities which Include:
Location chart.
Rate information. .
Safety Information.
Environmental information.
Wake Zone information.
Transportation Service information.
, General area Information.
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Investment In Advertising and Promotion
For the past four years of operation, $30,960 was spent on advertising. The
advertising budget was increased to $10,000 in FY 94/95 and will be maintained
, at that level to insure adequate funding throughout the years of this plan. The
planned advertising expenditures are necessary to meet the specific goals of
promotion of the municipal marina.
The cost of advertising is very reasonable when compared to projected revenue.
Advertising expenditures are on the low side when compared to the industry
average because we want to hold down costs as much as possible. The
municipal marina can also take advantage of public service messages and free
, announcements.
"COMUITTBD TO EXCBLLENT CUSTOMBR sn1\VICS"
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CL.I1ARU'ATSR MUNICIPAl. MARINA lJUSlNl1,I.r ['l..AN
[>AGB 45
PUBLIC RELATIONS
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Close public relations will be maintained throughout the years of the business
plan. This will position the municipal marina at the leading edge of providing a
multipurpose marine facilities for the community and visitors.
We will also Increase awareness and recognition among customers in the area
and transient boaters cruising the west coast of Florida. To insure a good pUblic
relations effort, we will:
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). Maintain a sustaining public relations effort, with ongoing contact between
newspapers and the marine community.
,.. Maintain a regular and consistent update program for the major target
media's, keeping employees abreast of all marine related programs and new
innovations in marina management.
> Continue to provide information to the Parks & Recreation "Communiquell,
which is distributed throughout city community centers.
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). Continue to provide related information to municipal marina tenants in the
monthly billing statement.
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>> Continue to work on a regular update program for the city's Silver Image
Kiosk.
Press Releases
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We will develop a series of reguJar press releases on the municipal marina and
prepare special press releases for each new activity introduction, major event,
awards and recognition for performance, etc. A photo of the event will be
Included with the press release, when possible.
Newspaper Staff Visitations
Each year, we will invite newspaper and localtelevision/radio reporters to visit
the municipal marina for a story on the facility. During each visit, each of the
reporters will receive a complete facility tour and an opportunity to interview the
Harbormaster, Assistant Harbormaster and other members of the municipal
'marina team. If possible, demonstrations or activities will be coordinated with
the visit. '
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"COMMITTBD TO EXCELLENT CUSTOMBR SBIWfcn"
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CLSARlr'ATU/t MUNICIPAi. MARINA BUSINUSS PLAN IIAGU 46
tJ RELATIONSHIPS
The Municipal Marina Team has formed some very important relationships with
, the marine community and organizations, such as:
U. S. Coast Guard
U; S. Coast Guard Auxiliary
U. S. Power Squadron
U. S. Customs
Clearwater Yacht Club
, Island Estates Yacht Club
Sheraton Sand Key Resort
Raddisson Suite Resort on Sand Key
Sand Key Civic Association
" Windjammers of Clearwater
Local media
State of Florida, Department of Environmental Protection
.. Florida'Marine Patrol
Pinellas County Sheriff Department (Marine Division)
Pinellas County Parks (Sand Key)
,Pinellas County Artificial Reef Construction Group
() City of 81. Petersburg" Municipal Marina 1
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Sunsets at Pier 60
, Clearwater Chamber of Commerce
-" Clearwater Beach Chamber of Commerce
Island Estates C!vic Association
Clearwater Beach Civic' Association
Clearwater Bay Marina (Clearwater Bay Marine Ways)
Clearwater Marine Science Center
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A strong spirit of cooperation will be continued with these groups and it will be
expanded to include other groups and organizations.
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'''CONUITTED TO EXCELLBNT CUSTOMER ~ERVICE."
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CLBARIr"ATBlt MUN1C1PAL MARINA BUSINSSS P1..AN
PAGIi 47
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CL.BARII"'ATnR MUNICIPAL MARlNA BUSINESS PLAN
PAcn 48
FINANCIAL PROJECTIONS
Projected 5-Year Program Statement
the projected 5-year program statement projects revenues and expenditures for
each of the five years of the Marina Operations Program. Seminole Launch
, Ramp (CrP#3443) was reduced by $3,305 to balance the Marina budget in FY
, 96/97. These projections are based on past experiences on where we anticipate
, 'to be within the next five years. Also, included is the percentage of expenditures
, vs revenues for the municipal marina. Revenues saved each year are deposited
into the unappropriated retained earnings of the Marina, to be used for
improvements to the municipal marina and/or launch ramp. The service charges
, to Pier 60 from the marina is eHminated in FY 96/97, as the pier is recommended
, ,to be changed to a General Fund operation.
Capital Improvement Program
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The objective of the Capital Improvement Program from FY 96/97 to FY
2000/2001 is to plan ahead and better manage the growth of the municipal
marina. These programs continue to maintain the municipal marina and launch
ramp. Total CIP amounts for the five years of the Business Plan is $310,000.
Balance Sheet
" The balance sheets list the assets and liabilities of the municipal marina.
Equipment amounts include tug & barge, launch ramp floats, pump-out system
and marine fuel system.
"CO}.lNITTBD TO EXCBLLENT CUSTOlollUI. SBRVICB"
CLSARlT'ATGR MUNtCII'AL. MARTNA Bustmus Pl....U
PACl149
"
Marina Operations
PROJECTED 5..YEAR PROGRAM STATEMENT
REVENUES FY 96/97 FY 97/98 FY 98/99 FY 99/00 FY 00/01
Slip Rental' 580,155 598,315 628,230 628,230 659,625
Building Rental 145,000 147,000 148,000 150,000 152.000
Land Rentals 96,000 101,500 101,500 103,500 104,500
Gas & on Sales 942,250 951,670 961,185 970,795 980,500
Gear Box Rental 5,500 5,500 5,500 5,500 ' 5,500
Sem. Ramp Fees 40,000 40,000 40,000 40,000 40,000
Sale of Nat.Gas ' '600 ,600 600 600 600
Elect Service 44,000 45,000 46,000 47,000 48,000
Sale of Water . 0 0 0 0 0
SvcChg-P'er 0 0 0 0 0
SvcChg-Par1dng 14,360 14,800 15,250 15,700 16,170
SvcChg-Beach 34,440 35,500 36,560 37,650 38,775
Othor Revenue 2,500 3,000 3,500 4,000 4,500
Interost-Invest. 22,000 22,000 22,000 22,000 22,000 I I'I"."'I;~
Interest-Other 2,000 0 0 0 0 '\"'"~t J
Workers Comp 0 0 0 0 0
Dock OffIce Rentals 3,800 3.800 3,990 3,990 4,190
Total Revenues 1,932,605 1.968,685 2,012.315 2,028,965 2,076.360
EXPENDITURES
Personal Svcs 531,220 552,470 574,570 597,555 621,455
Other OperatJng 1,186,150 1,209,975 1,234,070 1,258,750 1,283,925
Internal SVC5 50,360 52,125 53,950 55,840 57,795
, Capital 6,570 10,500 10,500 10,500 10,500
Debt SVc 77,610 8,175 8,175 8,175 8,175
NonOp Expense 80,695 91,795 45,000 45,000 45,000
Total expenditures 1.932,605 1,925,940 1,926.265 1,975,820 2,026,850
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I.. Revenue Less Expense 0 43.645 86.050 53.145 49,510
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Expense % of Revenue 100.0% 97.8% 95.7% 97.4% 97.6%
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"COMUITTBD TO EXCB!.LBNT CUSTOMSK SBRVJCS"
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CLeARWATER MUNICIPAL MARINA BUSINfiSS Pl..AN
PAGB 50
MARINA OPERATIONS
CAPITAL IMPROVEMENT PROGRAM
FY 96/97 to FY 2000/2001
UTilITY SERVICE REPLACEMENT: Continue repair and/or replacement
program for deteriorated electrical wiring, docks/seawalllighting, water service
and sewage service at municipal marina and Island Estates marina, in order to
maintain the City.owned marinas In usable condition.
FY 96/97
34,000
FY 97/9B
56,000
FY 98/99
10,000
FY 99/2000 FY 2000/2001
10,000 10,000
TOTAL
110,000
In FY 95/96, 9 decorative lampposts will be installed on the seawall and east
dock at a cost of $20,000 and In FY 96/97, $24,000 will be spent to replace 62
power outlets stations. Funds budgeted in other years of the Business Plan
covers annual continuous maintenance.
DOCK REPLACEMENT AND REPAIR: Continue repair andlor replacement of
deteriorated dock at municipal docking facilities and Island Estate marina,
installation of portable sewage pumpout system at Island Estates marina,
utilizing the Marine Service Section and equipment to maintain city~owned
marina in usable condition.
FY 96/97
20~000
FY 97/9B
15,000
FY 98/99
15,000
FY 99/2000 FY 2000/2001
15,000 15,000
TOTAL
95,000
In FY 96/97, a portable sewage pumpout system will be purchased for Island
Estates Marina. Funds budgeted in other years covers annual continuous
maintenance.
WATERWAY MAINTENANCE: Continue repair and/or replacement of
deteriorated city-owned aids to navigation and information signage (buoys,
beacons, wake control and navigational signs). Removal of derelict vessels,
menacelhazards to navigation and clean up oil spills. Procure piling, sign,
material to fabricate buoys and sinkers, utilizing the Marine SerVices section and
equipment to continue to maintain watelWay In usable condition.
FY 96197 FY 97198 FY 98/99 FY 9912000 FY 2000/2001
10,000 10,000 10,000 10,000 10,000
Funds are budgeted to cover annual continuous maintenance.
TOTAL
50,000
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"CONMITTHD TO EXCI!.LLBN'J' CUSTONBR SBRVICB"
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CLliARlI"'ATSR AWNlCIPAL MARINA BUSINEiJS PI.AN
PAGB 51
SEMINOLE STREET LAUNCH RAMP MAINTENANCE: Continue repair and/or
, replacement of floating docks, ramps docks, ramp area and pilings.
Maintenance and operation of sewage dump station and purchase of launch and
parking permits.
FY 96/91
11,695
FY 97/98
5,000
FY 98/99
5,000
FY 99/2000 FY 2000/2001
5,000 5,000
TOTAL
30,000
rn FY 95/96, $60,000 was transferred from Seawall Sidewalk CIP 3480 into this
CIP. $15,000 was added to cover costs of repairing the ramps and repaving the
parking lot. $250,000 In FY 98/99, Is not included in the above CIP. If the
launch ramp needs dredging at that time revenue from the unappropriated
retained earnings of the Marina, "Penny Fat Pinellas" tax andlor low interest
loan will be used to pay the costs. Other years are annual continuous
, ' maintenance.
FUEL SYSTEM REPLACEMENT AND REPAIR: Continue repair and/or
replacement of deteriorated fuelUnes, dispenser and underground storage tanks
at the municipal marina using Marine Service Section and contractors, to
continue to maintain the city~owned marina fuel system in useable condition. To
comply with the current Florida Department of Environmental Regulations
Pollutant Storage Tank Rules and to reduce the potential risk of groundwater
contamination. '
FY 96/97
5,000
FY 97/98
5,000
FY 98/99
5,000
FY 99/2000 FY 2000/2001
5,000 5,000
TOTAL
25,000
Funds budgeted for annual continuous maintenance.
Total projected Marina Operations CIP's is $310,000.
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CLaARll""ATBR MUNICIPAL MA/UNA BUSINBSS Pl.AN
PACB 52
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Marina Operations
BALANCE SHEET
ASSETS FY 96/97 FY 97/98 FY 98/99 FY 99/00 FY 00/01
Equity In Pool Cash 300,000 300,000 300,000 300,000 300,000
Cash Fund ' 1 AOO 1,400 1,400 1,400 1,400
, Inventory 20,000 20,000 20.000 20,000 20,000
Total Current Assets 321,400 321,400 321,400 321,400 321,400
Property
Plant & Equipment * 1,152,262 1,102,262 1,052,262 1,002,262 952,262
..
Total Assets 1,473,662 1,423,662 1,373,662 1,323,662 1,273,662
LIABILITIES
Current liabilities 0 0 0 0 0
Short Tenn Debt, 61,525 8,175 8,175 8,175 8,175 ~ .
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'Accounts Payable, 40,000 40,000 40,000 40,000 40,000 I
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2) Accrued Liabilities 0 0 0 '0 0 I.
" Long Tenn Debt 0 0 0 0 0
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Total Liabilities ' 101,525 48,175 48,175 48,175 48,175 I
&Fund Equities J
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Total Fund Equity 1,372,137 1,378.487 1,325,487 1,275,487 1,225,487 1
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'*Depreciation is calculated at $100,000 per year, with additions estimated at
$50,000 per year. "
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"COMMITTED TO I!.XCBLLBNT CU5TOMBR SBIl.VICB"
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CLBARII"ATBR MUNICIPAL MARINA BUSINBSS PLAN
PAGB 53
CONCLUSIONS AND SUMMARY
The Marina Business Plan was reviewed by city management staff.
, On July 10, 1996, the Marine Advisory Board reviewed the plan and passed a
motion to endorse the plan as submitted. They also passed a motion to request
the City Commission to modify their leasing policy with regard to the marina
building. The modification desired by the board is to allow the Harbormaster to
negotiate all leases up to five years, with approval and execution by the City
Manager.
On August 1,1996, the Fiscal Review Committee reviewed the plan. The
committee is comfortable and supportive of the plan and recommended that the .
Consumer Price Index (CPI) increase on building, lease agreements have a
minimum range of 3% and a maximum range of 6%.
The Clearwater Municipal Marina will continue to be an asset that provides a
public service to the City of Clearwater and the marine community. It will be
recognized for it's professional and friendly service to citizens, customers and
visitors.
Municipal marina employees will be highly motivated, safety conscience, and
professionally trained to provide excellent customer service and to adhere to the
city's goals of economic development, tourism and public safety and the City of
Clearwater Principles of Operation.
The municipal marina team will work towards meeting all the objectives and
strategies of the business plan. The team will go the extra mile and then some
to meet every reasonable request and suggestion.
'The business plan gives marina staff the projected targets for the operation of
the marina over the next five years. Each year the plan will be updated.
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"COlolN.ITTED TO EXCELLllNT CUSTONBIl SIlRVICIl"
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PAGa 55
f""')
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APPENDIX #1 PINELLAS COUNTY PROPERTY APPRAISALS
., J '
(This Information was compiled from Real Estate Appraisal Cards provided by
the Pinellas County Property Appraisal Office)
~~. .
PROPERTY
TOTAL APPRAISED VALUE
$5,734,640
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Clearwater City Marina
(Includes marina building, docks,
and buildings)
Fish Market
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$ 698,670
$ 106,550
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PAGS 56
APPENDIX #2 URBAN ECONOMICS INC. MARINA RENTAL SURVEY
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URBAN ECONOMICS INCORPORATED
REAL ESTATE ^DVI~On.V
1) MICtiAElA. MCElVEEN, M^I
"~_' lIl'IN\IU~I^1 IUM' JIIU~I.
UAU CUTIIUII
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II. LINWOOD G1LIIEI1. r. /It. MAl
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April ,11 , 1996
Mr. William Held
Harbor Master
City of Clearwater Municipal Marina
2S Causeway Boulevard
Clearwater, Florida 34630
Re: Marina Rental Rate Survey
Retail/Office Rental Survey
Dear Mr. Held:
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Enclosed please find six copies of a report summarizing the results of Qur market research
relative to both slip rentals and retail and office rentals. As you will see, the scope of our
marina survey included both the Tampa Bay market, as well as selected marinas along
both the eaSt and west coasts of Florida. We attempted to input the data into a brief,
descriptive bar chart format, but found that most marinas charge a myriad of rental rates,
based on slip size, boat size, or square foot of slip area. Further, rates varied, dependent
on length of term of the lease, with some marinas offering only a monthly rate. while
others had discounts for three, six, nine, or 12 month leases or other discounts for pre-
payment of rental. Accordingly, the data is presented in a table which allowed for greater
discussion 'of these factors. The comments are stiIJ relatively brief: and we will gladly
review each competitive marina property if desired.
Briefly, we found that rental rates range from a low of about $3.21 per foot at the City of
St. Petersburg Municipal Marina to a high of $25.00 per foot at the A&B Marina in Key
,Wegt. Many of the better quality marinas surveyed in the Tampa Bay market are at or
near 100 percent occupancy, and are reflecting fairly significant increases in both
, occupancies and rental rates during the past year.
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Municipal marinas were found to sometimes provide a discount to local residents, with the
amounts noted on the accompanying chart. Others, such as the City of Dunedin, rent slips
only to local residentst while the City of 81. Petersburg Municipal M'arina maintains low
rates and is intended for local residents only, but this is not an absolute rule.
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, 4890 W. KENNEDY nLVD. SUITE 450. TAMPA: Fl 3360'J
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Page 2
Mr. William Held
April 11>> 1996 '
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Commercial vessels>> up to six~pack charter vessels, were typically charged a premium, but
a relatively small one. This premium may be expressed as an additional $1.00 per foot, a
10 percent surcharge>> a flat additional fee of $100 per month, or other formula. One
marina was found to base its commercial rental rates on a percent of the gross income>>
while a few granted a discount to commercial boats. The reason for this was to encourage
their use>> which brought guests to the resort motel.
Larger vessels, such as dinner cruise vessels>> were typically priced on a per passenger
'basis. Although most marina owners were reluctant to discuss these rates, or requested
that they remain confidential, discussion with a wide variety of persons knowledgeable in
the industry revealed that rental rates for these vessels were typically priced on a per
passenger basis, typically about $1.25 per head, and with a minimum of $2,500 to $3,000
monthly, but with the Port of Tampa having a monthly minimum of $1,2,50. In addition,
all were separately metered for electrical consumption. Most were allowed use of a land
side building at no additional charge, although they were required to decorate and
maintain the building, and free parking was generally provided for passengers. Most
allowed refueling by tanker truck with no surcharge>> and/or provided a discount, generally
about 10 percent, on fuel.
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Transient rental rates ranged from about $0.60 to a high of$3.00 per foot per night>> with
a higher rates including electricity, and with an average of about $0.75 per night. The City
of Naples Harbor Master indicated they had signed with Boat US>> offering a 25 percent
discount on transient rentals to Boat US members, and which had resulted in a dramatic
increase in transient traffic.
As to retail rental rates>> ground floor rental rates along the Gulf Beaches were found to
range from approximately $10 to $25 per square foot>> dependent on location and quality
of the facility. The better quality properties on Clearwater Beach were among the highest
rental rates sUlVeyed, ranging from approximately $18 to $23 per square foot, plus
utilities. In viewing the shops within the Clearwater Municipal Marina building, we
believe the rental rates you presently charge are generally in line with market rates, with a
few upward adjustments necessary as leases expire. However>> all other properties
sUlVeyed offered free parking>> which may need to be taken into account.
Second floor office space was typically at much lower rental rates. Indeed, most second
floor spaces sUlVeyed were residential, due to the limited demand for either office or retail
on the second floor. Generally, retail cannot sUlVive on the second floor>> with the
exception of the Pelican Walk Center>> a modern facility located just north of your location
on the east side of Poinsettia>> and offering substantial glass storefront and visibility from a
balcony. Even these second floor shops>> however, reflect substantial vacancies. ,
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Page 3
, Mr. William Held
April 11, 1996
Locations considered more similar to yours have office rental rates typically ranging
, around 60 percent of ground floor rental rates. While your location is convenient, the
quality and condition of the second floor is a little below average, and the lack of free
parking should also be considered. Again, existing rates do not appear substantiaUy out of
line, but upward adjustments appear supported by the market as leases'roll over.
The result of our retail rental survey is presented on individual summary sheets. with a
photogfaph of each facility.
Again, as the rental surveys are presented in summary format, many details, such as the
myriad of rental rates charged by several marinas, would each require one or more pages.
'We will gladly provide additional information and discuss the results of our findings with
, you at your convenience. If you would like additional information, or wish to discuss the
Survey, please feel free to call at any time. '
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:The opportunity to be of service is appreciated.
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MICHAEL ^. MCElVEEN. MAl
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URBAN ECONOMICS INCORPORATED
REAL ESTATE ADVI50RY
11, lINWOOI) Gll,nEllr.lll. MAl "........". "".'
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, MARINA RENTAL RATE
AND
RETAllJOFFICE
COMPETITIVE MARKET SURVEY
FOR
CITY OF CLEARWATER
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Mr. William Held
Harbor Master'
City of Clearwater Municipal Marina
, 25 Causeway Boulevard
Clearwater. Florida 34630
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TELErHONE (813) 289-8844 fACSIMILE (813) 289-8041
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TABLE OF CONTENTS
I. Competitive Marina Market Survey
Marina Name
1. A&B Marina
2. Bahia Mar
3. Clearwater Bay Marina
4. City of Dunedin
5. F1. Pierce City Marina
6. Gulfport Municipal Marina
7. Harborage at Bayboro
8. Madeira Beach Municipal
9. Marker 1
10. Maximo Marina
11. Moss Marine
12. City of Naples Municipal Marina
13. Palm Grove Marina
14. Sailfish Marina & Resort
15. St. Augustine Municipal Marina
, 16. S1. Pete Municipal Marina
17. St. Pete Pier
18. Tampa, Port
19. Tierra Verde Marina Center
20. Tierra Verde Yacht Basin
21. Tween Waters
n Retail/Office Market Survey
1. 'Bay Bazaar
2. Bayside Shops
3. Beach Plaza
4. Bikers USA
5. Corey Avenue
6. Days Inn
7. Dolphin Village
8. Greenstreets Dockside
9. Shopperts Village at Isla del Sol
10. Pelican Walk
11. Shoppes at Sand Key
12. Snell Isle Center
13. St. Petersburg Pier
14. Tierra Verde Marine Center
15. Upham Building
16. Western Plaza
U · E' ~.I
Location
Key West, FL
Ft. Lauderdale~ FL
Clearwater~ FL
Dunedin~ FL
Ft. Pierce~ FL
Gulfport, FL
81. Petersburg. FL
Madeira Beach, FL
Dunedin. FL
St. Petersburg, FL
Ft. Myers. Beach, FL
Naples, FL
Ft. Myers Beach, FL
Palm Beach Shores, FL
St. Augustine. FL
St. Petersburg, FL
81. Petersburg. FL
Tampa, FL
Tierra Verde. FL
Tierra Verde. FL
Captiva Island, FL
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Clearwater~ FL
81. Pete Beach. FL
81. Pete Beach, FL
Clearwater, FL
St. Pete Beach, FL
Clearwater, FL
St. Pete Beach, FL
Indian Shores, FL
81. Petersburg. FL
Clearwater Beacht FL
Clearwater, FL
81. Petersburg, FL
St. Petersburg, FL
Tierra Verde, FL
St. Pete Beach, FL
IndiaI'}. Rocks Beach, FL
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MARINA RENTAL SURVEY
TYPICAL TYPICAL
r TOTAL TltAN- PRIVATE COMMER- LARGER
, .h~.... NO. MARINA! LOCATION NO WET SIENT ItA TEl 1<1' CIAU IT VESSEL FUEL SALES. COMMENTS
1 A & n MARINA 40 $ 1.75 S 25.00 $ 25.00 $ 25.00 !\.tARKET FUEL PIUCn,
KEY WEST. FL +S 1.00I1ffiAO INCL trrn.rrms k TV
2 BAHIA MAR 350 S LSO S 24.00 $ 24.00 S 24.00 SOME DISCOUNTS
Fr. LAUDERDALE, FL A VAJl.ADLIi > 1.000 GAL
3 CLEARWATER DAY 76 $ 1.00 $ 6.00 S 6.00 N/A MARKBT. TRUC)> OK
CLEARWATER, FL TRANSIENT EMERO ONLY
4 DUNEDIN, CITY 208 S 0.75 S 4.15 S 5.79 NIA MARKET FUEL PlUCE.
DUNEDIN. FL RENTS ON!. Y TO RESIDENTS
S IT MYERS MUNICIPAL 276 S 0.80 $ 8.50 S 1.25 SO,6O 1 HEAD MARKET FUEL PRICE,
Fr. MYERS, FL fIT/DAY SI,200 Mll'J ANNUAL ONLY S4.7SIFT.
6 FT PIERCE MUNICIPAL 236 S 0.95 S 6.00 S 8.00 S 8.00 MAlOOiT FUEL PRICE.
Fr. PIERCE. FL OLOER SECTION LESS S
7 GU LFPORT, CITY MARINA 250 S 0.50 S 3.75 S 3.75 N/A MARKET FUEL PRICE,
GULFPORT. FL $3.00 FOR RESIDENT
8 HARBORAGEATBAYBORO 235 $ 0.75 $ 6.00 $. 6.50 N/A MARKBT; COM?!
ST PETERSBURG, FL RATES PER BOAT. 2f SLIP
9 MADlERA BEACH MARINA 97 S 0.75 $ 4.75 S 4.75 N/A MARKET FUEL PRICE.
MADIERA BEACH, FL PRICED PER SLIP
10 MARKER 1 144 S 1.00 S 8.50 S 7.65 N/A MARKET FUEL PRICE.
DUNEDIN, FL PREPAYDISCO\JNT AVAIL
11 MAXIMO MARINA 322 $ 1.00 $ 7.00 $ 7.00 NtA MARKET FUEL. PRICE.
,.--... ST PETERSBURG, FL PRICED PER SUP
.,./ 12 MOSS MARINA 40 S 1.25 S 12.00 S 12.00 NlA MARKET FUEL, MONnl!. Y
FT MYERS BEACH, FL RATES, S7,OO IN SUMMER
13 CITY OF NAPLES 80 oS 0.95 $ 6.25 S 8.75 N/A IOH DISCOUNT TO COMM
NAPLES. FL PRICED PER SLIP
14 PALM GROVE MARINA 86 5> 0.90 S 6.75 S 6.75 $3,0001 MO MARKIIT~ HAD SEA KRUZ,
FT. MYERS BEACH. FL + 10% REV +S1.251 HEAD FREE PARKING
15 SAILFISH MARINA 94 $ 3.00 $ 11.67 $ 15.33 N/A MARKET, MAYBE lOtIo OFF
PALM BEACH SHORES, FL TO COMM, FULL RESORT.
16 ST. AUGUSTINE MARINA 137 S 0.95 $ 7.50 $ 12.00 S 12.00 SO,IO DISCOUNT> 1,000 OAL
ST. AUGUSTINE, FL RIVERBOAT & SIOHTSEEINO
17 ST PETE MUNICIPAL 610 S 1.00 S 3.21 $ 3.21 $5001 MO FUEL & STORE LIWiED OlIT
ST PETERSBURG. FL
18 ST PETE PIER N/A N/A N/A N/A S 300.00 MS DOUNTY PAYS NOTHING
ST PETERSBURG, FL VS,5,O'IoREV BlIT EXPENSES.
19 PORT OF TAMPA N/A NtA NtA NIA S 1,250.00 NO FUEL
TAMPA, FL VS, 2% REV STARLIGHT PRlNCI3SS
1.0 TIERRA VERDE MARINA 100 S 1.00 $ 5.00 $ 5.00 N/A MARKET FUEL PRICB,
TlERRA VERDE. FL OPEN WATER
11 TIERRA VERDE Y ACIIT BASIN 114 N/A $ 9.00 S 9.00 NtA MARKET FUEL PRICE,
TIERRA VERDE. FL FULL RESORT
12 'TWEEN WATERS 41 S 1.45 S 12.00 $ 550.00 NIA MARKET FUEL PRICE.
SANIBEL CAPTIV A. FL FULL RESORT
ONOTE: - ABOVE ARE TYPICAL OR AVERAGE RATES FOR 35 - 40 FOOT BOAT DUJUNG WINTER WI SHORT TERM LEASE.
- ACTUAL RENTAL R-'TES MAY DIFFER MONTlILY. PRICING FORMULAS VARY WIDELY AMONG MARlNAS.
SOURCE: URBAN ECONOMlC8,INC.. TAMPA. FLORIDA, 813.289.8844; APRIL, 1996.
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TYPICAL SEASONAL TRANSIENT RATES
$3.00 '
$2.00
$2.50 .
$1.50 '
$1.00
$0.50
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TYPICAL MONTIILV SLIP RENTAlS
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Source: Urtlen Bcooomlcs, Inc.
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DCLBARWATER BAY
CDUNBDlN, CITY
.FT MYERS
1IFl' PIERCE
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D11ERRA VIlIWB MARINA
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Retail/Office Comparable 1
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Name:
Bay Bazaar
Location:
710 S. Gulfview Boulevard
Clearwater~ Florida
Description:
Attractive~ one-story strip retail/office center
Area:
5,461 SF more or less
, Rental Rates: '
$18.00 per SF plus $4.50 CAM
Year Built:
1977
Condition:
A verage~
Market:
Tourist~orientcd. Perhaps 40 percent local.
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Comments:
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This is a strip center across from Leverocks on' Clearwater Beach, According to the
'owner, there are three vacant units of 600 SF, 661 SF and 746 SF; Observing this
location for a number of years indicates typically high occupancy. However, minor
deferred maintenance is evident, and vacancies have increased in the last few years,
possibly due to road construction. However, the south side, with higher traffic visibility,
remains, ful1y leased, with the vacant units located on the north side fronting an interior
col1ector.
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Retail/Office Comparable 2
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Name:
Bayside Shops
Location:
550 I Gulf Boulevard
81. Pete Beacht Florida
Description:
Retail/office center located on 81. Pete
Beach
Area:
36,600 SF
Rental Rates:
$13.00 per SF plus $3.00 CAM:
Year Built:
1979/1996
Condition:
This center is being renovated.
Market:
Tourist~oriented 81. Petersburg Beach
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Comments:
This is a tourist oriented strip center, across from the beach, on busy Gulf Boulevard. The
property'transferred ownership in January 1996 and the new owners have undertaken a
major renovation, including demolition and reconstruction of some buildings. According
to ,the property manager, the center is 100% leased, with new tenants awaiting the
completion of renovations to occupy the space. ,
The Silas Dents restaurant is to be cl~sed and moved to another location on the water,
with the existing building converted to retail.
, A second floor section of the building, set well back from the street, is devoted to a
'b'i'lIiard han and apartments. '
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Retail/Office Compnrable 3
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Name:
Beach Plaza
Location:
7300 Gulf Boulevard
St. Pete Beach, Florida
Description:
One-story strip retail/office center
Area:
12,015 SF more or less
Rental Rates:
$9.00-$10.00 per SF
Year Built:
1954/1995
Condition:
Good
Market:
Primarily tourism-oriented
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This comparable is an older strip centert which was extensively remodeled during the past
two y~ars. The location is in a commercialized area of Gulf Boulevard a few blocks from
the Gulf on St. Pete Beach. 'Although it has been renovated within the last 2 years, the
leasing agent reports there is one unit of 1,000 square feet, with an asking price of $9.60
per square foot on a net basis, which has been vacant for over a year.
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Name:
Bikers USA
Location:
600 Mandalay Avenue
Clearwater, Florida
Description:
Free-standing, single story commercial
building
Area:
1,588 SF more or less
Rental Rates:
$9.23 per SF
Year Built:
1966
Condition:
Fair to average
Market:
Lower traffic area. Primarily local market.
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This is.a vacant; free~standing, single story building located on Clearwater Beach, north of
Highway 60. The owner reports the asking rent is $1,000 per month for 1,300 square feet
($9.23/SF) with no pass~thrus for the first year. After the first year he intends to either
raise the rent or add a pass~thru of taxes and insurance.
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Retail/Office Comparable 5
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Name:
Corey Avenue Office Building
Location:
255 Corey Avenue
St. Pete Beach, Florida
Description:
Free-standing, two story office building
A.J:ea:
13,944 SF more or less
Rental Rates:
$9.00-$10.00 per SF, NNN
Year Built:'
1987
Condition:
Average
Market:
60% local; 40% tourist
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,This is an attractive, Key West style, two story office building with ample parking, located
on St. Pete Beach. The owner reports going in lease rates at $9.00 NNN for upstairs units
and $10.00 NNN for downstairs units. The building is fully occupied with the owner
occupying one unit of upstairs space.
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Retail/Office Comparable 6
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Name:
Days Inn
Location:
100 Coronado Drive
Clearwater Beach, Florida
Description:
First floor retail center in the Days Inn motel
Area:
4,000 SF, mol
Rental Rates:
$20.00-$25.00 per SF
1955/1987
Year Built":
Condition:
Average
Market:
Primarily tourism
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According to the real estate broker in this building, the street level offi'celretail units are
100% occupied with a rental rate of $20.00 to $25.00 per square foot. Attractive retail
space located across from Clearwater Beach.
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Retail/Office Comparable 7
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Name:
Dolphin Village
Location:
490 I Gulf Boulevard
St. Pete Beach, Florida
Description:
Retail shopping center with adjacent
dockage area
Area:
127,181 SF more or less
Rental Rates:
$5.00 to 14.00 per SF plus $4.05 CAM
,Year Built:
1967/1990
Condition:
Average
Market:
60% local; 40% tourist
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Comments:
This retail center 'is located across Gulf Boulevard from the beach. The leasing agent
'reports therents range from $5.00 in the courtyard to $14.00 for Gulf Boulevard frontage.
'The second story rental rates are reportedly the same as the 'first floort with the courtyard
units renting at $5.00. There is a 1,912 SF dock on the bay behind the center. At the time
of this reportt none ofthe courtyard or second floor space was leased.
Observin'g this center over a number of years, the courtyard location in the comer of the
center, ,with limited visibiJitYt has historically had higher vacancy ratest as has the second
floor..
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Name:
Greenstreets Dockside
Location:
20001 Gulf Boulevard
Indian Shores, Florida
Description:
Single story strip center
Area:
17,969 SF more or less
Rental Rates:
$12.00 per SF plus $3.00 CAM, water and
pest control
Year Built:
1978
Condition:
Average
Market:
About 70% local; 30% tourism
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Comments;
This center is in an area of condominiums in Indian Shores. , The center has a restaurant
with a deck for waterfront dining. The leasing agent reports a 1,000 square foot unit is'
vacant at an .asking price of $12.00 per square foot plus $3.00 CAM, with additional
expenses of water; sewer and' pest control. '
This appears to be a reasonably good retail location which has been fairly well maintained'
over the years. The property appears to have at least one vacancy much of the time,
w~ch indicates rental rates near the upper end of the market for this iocation.
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Name:
Shopper's Village at Isla del Sol
Location:
Pincllas Bayway
St. Petersburg) Florida
Description:
Attractive, one and two-story strip
retaiVoffice center
Area:
45,950 SF more or less
Rental Rates:
$10.00-$25.00 per SF
Year Built:
1981/1993
Condition:
Above average
Market:
30% local; 70% tourist
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The Shopper's Village is a combination of retail/office and first and second floor space
with units on the back side of the center. There is currently no vacancy. The storefronts
, facing Pinellas Bayway have rents ranging from $14.00 to $25.00 per square foot with the
space in the rear renting for about $10.00 per square foot. The second floor space rents
for $13.50 per square foot on a full service basis.
This property was recently sold for $3,990,000, or $95.08 per square foot. It had
previously gone through foreclosure, due to low occupancy; but was redecorated and
remarketed in about 1991.
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Name:
Pelican Walk
Location:
483 Mandalay Avenue
Clearwater Beach, Florida
Description:
Attractive, twowstory strip retail/office center
Area:
53,604 SF more or less
Rental Rates:
$16.00.$25.00 per SF plus $3.00 em
Year Built:
1994
Condition:
Condition
Market:
About 50% local; 50% tourist
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"-
Pelican Walk is a new retail center, built in 1994. Tenants include several ufood oriented"
tenants such as Burger King~ Portabello's Fine Cuisine. Awesome Chicken, Club Juice and
Fudge and Sweets, to name a few. other tenants include Patchington and Morton Plant
, Mease Family Care Center.
According to the leasing agent. the upstairs units rent for $16.00 plus $3.00 CAM and the
'ground floor units rent for $23.00 to $25.00 per square foot, also with a $3.00 cAM.
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,appears well received by the market. However, the second floor has several vacancies.
, which is apparently not reflected in the existing rental rate structure.
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Retail/Office Comparable II
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Name:
Shoppes at Sand Key
Location:
124 I Gulf Boulevard
ClealWater, Florida
Description:
Attractive, one-story masonry building
Area:
39,686 SF, more or less
Rental Rates:
$16.00-$20.00 per SF plus $6.50 CAM
Year Built:
1989
Condition:
A vcragc'
Market:
About 50% local; 50% tOl~rist
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Raddison Hotel. According to the leasing agentJ the asking rent on a 600 SF unit is
$26.00 plus $6.50 pass thruJ on a 900 to 1100 SF unit $22.00 per square foot plus $6.50
pass thru and for a 2250 SF unit $21.00 per square foot plus,$6.50 pass thro. He reports
there has been ~ lot ofactivitYJ and is currently negotiating two leases.
This center is anch,ored by' a popular restaurant, 'and has historically maintained high
occupanCy. The recent vacancies may be due to the previous construction work on the
Cle~ater Pass Bridge. '
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Name: Snell Isle Center
Location: 1301 Snell Isle Boulevard NE
St. Petersburg, Florida
Description: Neighborhood center
Rental Rates: $8.00 to $15.00
Year Built: 1956/1981
Condition: Good
Market: 100% local
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Upstairs office rents range from $8.50 to $9.50, and downstairs retail rents range from'
$8.00 to $15.00 per square foot.. Typical retail shops are at the higher end of the range.
Other tenants include a bank and a small grocer. Tenants pay electric and janitorial. ,
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Retail/Office Comparable 13
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Name:
81. Petersburg Pier
Location:
East end of8econd Avenue North
81. Petersburg, Florida
Description:
Tourist destination
Rental Rates:
The greater of $20 base plus CAM:,
promotion and utilities, average $26.00 to
$27.00 per SF, or 6% of gross revenues,
Year Built:
197 U1986
Condition:
Good
Market:
60% tourist; 40% local
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Comments:
This inverted pyramid structure was built on the site of the former Million Dollar Pier,
originally constructed in the 1920's. It was extensively remodeled and ground floor shops
added in about 1986.
The first floor contains a large atrium lobby surrounded by shops, a food court, and Nick's
~talian restaurant. The second floor contains an aquarium maintained by the University of
South' Florida) the third floor is primarily a banquet hall) and the fourth floor is fully
occupied by the Columbia Restaurant. Cha Cha Coconuts lounge is located on the roof
top.
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Rental rates are typicaUy $20.00 per square foot base rent plus eMf) promotion and
utilities) as noted above. Average rental rates are $26.00 to $27.00, except for several
inferior locations down a hallway to the south, where they are approximately $21.00 to
$22.00. Push carts are available for rent from $600 per month. All tenants) including
push carts) pay overage rent equivalent to approximately 6 percent of gross revenues) and
management reports that most are paying overage rents. Overage rent is collected on a
monthly basis. In other words, they pay 6 percent of gross above the natural breakpoint
during the busy winter tourist season) yet may not pay any overage during slower months.
This method results in higher rental than if overage were calculated on an average basis.
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A free-standing bait shop of approximately 144 square feet is located at the southwest
comer of t~e Pier, and sells fish bait as well as cameras, film, sunglasses and various
sundries. Rental is $435 per month plus CAM, promotion and utilities, or total of about
$670 per month. In addition, the bait shop pays 6 percent of gross revenues above a break
point) find often has sufficient sales to warrant additional rent.
Parking is located about one city block from the Pier, with $3.00 charge. Several trolleys
, are available to shuttle visitors from the parking area to the Pier.
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Retail/Office Comparable 14
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Name:
Tierra Verde Marine Center
Location:
100 PineUas Bayway
Tierra Verde, Florida
Description:
One-story strip retail/office center and
marina
Area:
24,690 SF more or less
, Rental Rates:
$10.00 per SF plus $3.15 pass-thru
Year Built:
1963/1992
Condition:
Good
Market:
About 60 to 70% local; 30 to 40% tourist
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, ,Located on Tierra Verdet this marina center is not only utilized by the many boaters in the
area, but also by the residents of Tierra 'Verde and the visitors to Fort Desoto Park.
Te'nant miX. includes restaurantt convenience store with gas pumps, bait shoPt dive shoPt
,and other shops catering to the local populationt such as real estate offices and beauty
salon. The rents range,from the $9.00~$9.50 range to current leases between $12.00 to
$14.00 per square foot on a net basis. Recently a' 1,200 SF unit rented for $12.50/SF,
with a pass~thru or CAM allowanc~ of$3.15/SF.
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Name:
Upham Building
Location:
332 to 34Q Corey Avenue
St. Pete Beach, Florida
Description:
Strip center, downtown St. Pete Beach
Area:
11,025 SF more or less
Rental Rates:
$8.00
Year Built:
1955/1994,
, Condition:
Average
Market:
50% ]oca1~ 50% tourist
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Comments: '
This is an older but remodeled center offering both office and retail use. Approximately
800 SF of this space is second story and was used by Mr; Upham as his office. According
to, the owner) the second floor space is still being utilized as offices. Both, upstairs a~d
downstairs are fully occupied.
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Retail/Office Comparable 16
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Name:
Western Plaza
Location:
2300 Gulf Boulevard
Indian Rocks Beach, FL
Description:
Small; one-story neighborhood center
Area:
8,508 SF more or less
Rental Rates:
$7.50.$12,00 per SF
Year Built
1955/1993
Condition:
Average
Market:
60% local; 40% tourist
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CL.BAJUI"'ATBR MUNICIPAL. MARINA BUSINBSS PLAN
PAGn 57
APPENDIX #3 MEASURE MASTERS ANALYSIS OF MARINA BUILDING
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Measure
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. CLEARWATER
MUNICIPAL MARINA
.
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, 25 CAUSEWAY BLVD.
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CLEARWATER, FL. 34630
CERTIFICATE OF AREAS
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FLOOR PLANS
FEB. 3, 1996
. Measure Masters
Floor Planning &
81ue P,int Service
Pinellas North
2555 Enterprise Road
Suite 9 - t
Clearwater. Florida
34623
Bus: (8t31 799-2888
Fax: (813) 799-2789
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Masters 1M
02122/96
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12,147
5,937
12.147
5,830
143
267
12,004
5,563
2,652
1 ,485
9,352
4.078
1.3641
18,084
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17,567
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j3,430
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Floor PlannIng &
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Pinellas North
2555 Enterprise Road
Suite 9 - 1
Ctearwaler, Florida
34623
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Bus: (613) 799.2888
Fax: (813) 799.2789
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02/22/96
DS
DESCRIPllON
GROSS FLOOR AREA
LESS VERTICAL PENETRATIONS
TOTAL AREA
LESS MALL AREA
LESS MALL SERVICE AREA
LESS POST OFFICE LOADING DOCK
~OTALRENTABLEJUSABLEAREA
SQ. FT.
12,147
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12,004
1,483
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TENANT AREA:
GIFT SHOP
RESTAURANT
ART CONNECTION
'BARBER/BEAUTYSHOP
FOST OFFICE
NAUTICAL SHOP
HARBOR YACHT BROKER
MARINA SHOWERS
MARINA STORAGE
TOTAL RENTABLE I USABLE AREA
RENTABLE
USABLE
AREA
1,524
1,2iO
392
571
3,278
1,336
222
209
.550.
~
MEASURE MASTERS PINELLAS NORTH
OcET~~~~~
BY: DONALD M. SOROTA, OWNER I OPERATOR
FEBRUARY 3, 1996
Measure Masters
Floor Planning &
Blue Print Service
Pinellas North
2555 Enterprise Road
Suite 9 - 1
Clearwater. Florida
34623
Bus: (813) 799.2888
Fax: (BI3) 799.2789
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02/22/96
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DESCRIPTION
GROSS FLOOR AREA
LESS VERTICAL PENETRATIONS
TOTAL RENTABLE AREA
LESS COMMON AREA
TOTAL USABLE AREA
COMMON AREA FACTOR THIS FLOOR
SQ. FT.
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6,683
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4,078
1.3641
JERnFIED ACCURATE AS MEASURED TO BOMA STANDARDS
TENANT AREA: RENTABLE AREA: USABLE AREA:
SUITE # 20 326 238
SUITE #21 293 216
SUITE # 22 326 238
SUITE # 23 303 222
SUITE # 24/26 607 445
SUITE # 21 282 207
SUITE # 27 217 169
SUITE # 28 301 221
SUITE # 29 307 226
SUITE # 30 383 288
SUITE # 31 316 231
SUITE # 32 323 237
CONFERENCE ROOM 494 362
HARBOR MASTER 1JM m
TOTAL
6.683
4,078
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, ',JEASURE MASTERS PINELLAS NORTH
~~~~
BY: DONALD M. SOROTA, OWNER I OPERATOR
FEBRUARY 3, 1998
Measure Masters
Floor Planning &
Blue Print Service
Pinellas North
2555 Enterprise Aoad
Suite 9 - 1
Clearwater, Florida
34623 '
Bus: (813) 799.2888
Fax: (813) 799.2789
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CLBARIrATnR MUNICIPAL MARrNA DUSINBSS P1..AN
PAGa 58
APPENDIX #4 ORGANIZATION CHART
City of Clearwater Marine Department
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Harbormaster
Assistant
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Staff Assistants (2) -
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Supervisor
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Marine Service Marine Facility Custodian (1.5)
Technicians (4) Operators (3)
, Total Marine Department Employees......13.5
"COlolMITTED TO EXCELLUNT CUSTOlolRR SERVICB"
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CLEARWATBR MUNICIPAL MARINA BUSINBSS PLAN
PAca 59
APPENDIX #5 MARINE ADVISORY BOARD MEMBERS
David Hemerick (Acting Chairman)
192 Devon Drive '
Clearwater, FL 34630
Donald McFarland
108 S. Hercules Avenue
Clearwater, FL 34625
,Ernie Cline
1529 Missouri Avenue
Clearwater, FL 34618
William Wilhelm
1017 Union Street
Clearwater, FL 34615
Edward Dohrman (Secretary)
214 Skiff Point
ClealW8ter, FL 34630
David Martens
425 Lotus Path
Clearwater, FL 34616
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PACEi 60
APPENDIX #6 MARINA BUILDING & LAND LEASES
"COMMITtED TO EXCBLLBNT CUSTOUER SBllV1CS"
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C1.SA/Ul"ATSR MUNICIPAl. MARINA lJUSINI1SS PLAN
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PAGB 61
APPENDIX #7 MARINA SLIP TENANT LIST
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APPENDIX #8 MARINA PAMPHLET
25 CAUSEWAY BOULEVARD
CLEARWATER, FLORIDA 34630
(813) 462.6954
Fax (813) 462-6957
Clearwater Municipal Marina is one of Ihe besl equippclI anlI
most allraclivc marinas in Rorida. Our pride shows in our
excellent service and newl)' refurbished facililics.
"OUR GOAL IS EXCELLENT CUSTOMEU SERVICE"
Clearwater Marilla is idct\lly localeu on famous Spmkling
Clearwater Beach and offers access 10 line dining. shopping.
Clllerlnimncnl am) ouL~tanding white benches.
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PAGU 63
APPENDIX #9 SEMINOLE RAMP PAMPHLET
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CITY OF CLEARWATER
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LAUNCH RAMP
INFORMATION SHEET
The Seminole Boat Launching Ramp is owned by the
City of Clearwater and is a project panially funded by
a grant from the Florida Department of Natural Re-
sources Land and Water Conservation Fund Program.
All maintenance, dredging, ramp renovation, and float
replacement are funded by the user fee charges.
Please be a Safe Boater in a Safe BOllI.
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"COlolMITTSD '1'0 EXCSLLBNT CUSTOMSR SERVICS"
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APPENDIX #10 HISTORICAL EXPENDITURES ON THE MARINA
])ACB 64
"COlolN1TTBO TO EXCBLLENT CUSTONER SBRVICB"
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, Slip"
Number
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PAGEl 65
APPENDIX #11 PROJECTED DOCK OFFICE CHARGES
Tenant Dock sa FT ' Monthly
Kelley' . 240 $80.00
Henders(;l." ,710 $221.88
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$2,840.00
$3.800.00
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MR ;;Z
Clearwater City Commission
Agenda Cover Memorandum
Lf~
r tern fI
Heeting Dete:
9'1~.9(,
SUBJBCTz
Marina Slip Rental Fees and city Manager authorization to approve Vessel Slip
Rent increases up to ten (10) percent annually
RBCOHKBHDATXOH/KOTXOHz
Adopt Resolution No. 96-59 increasing the basic vessel slip rental fees at
Clearwater Municipal Marina and pass Ordinance No. 6085-96 to amend Section
I 33.028 of the Code of Ordinances, which authorizes the city Manager to approve
vessel slip rent increases up to ten (10) percent annually,
g and that the approprtate offictala be authorized to execute aame.
SUMHARYz
* Resolution No. 96-59 will increase the basic vessel slip rental fees
at the Clearwater Municipal Marina on October 1, 1996, to the
following:
(a) Permanent Private Vessel Sli~ Rent will increase to $3.75 per foot per
month for Clearwater Resident and to $4.25 per foot per month for non-
resident of Clearwater.
(b) Commercial Vessel Slip Rent will increase by fifteen (15) percent for
all commercial tenants carrying less than seventy (70) passengers, by
thir.ty (30) percent for all vessels carrying more than seventy (70)
passengers and by fifty (50) percent for all parasail vessels.
(c) Transient Vessel Slip Rent will increase to $.90 cents per foot per
day, $4.00 per foot, per week and $11.00 per foot, per month.
* Ordinance No. 6085-96 amends Section 33.028 of the city code and allows
the City Manager to approve vessel slip rent increases up to ten (10)
percent annually.
* This Resolution and Ordinance change are part of the Marina Business Plan.
Revlwed by:
Legel
BudGet
purcheatng
Risk "grat.
CIS
ACM
Other
t?~
HIA
M/A
MIA
~~~-
N/A
ortDinett~ Dept: II}
Marine lfl
S M/A
Totol
ec.lnton Action:
[] Approved
[] Approved w/condftfons
[] Denied
[] Continued to:
u.er Dept:
$ MIA
Current Ftsclll Yr.
Morine
Fudf~ SouI'ce:
[] Capf tal I lip.
[] Operating
[] Othor
Attect.ent.:
1. Resolution Mo. 96-59.
2. Ordfnance Mo. 6085-96.
SID,tted by:
CJ ana~
Advert ised:
Date:
Paper:
R Not Requf red
Affected Parties
D Notified
II Not Recp.l1 red
Appr-opr lotion Code: .
D None
o Printed on recycled paper
. T "., ,.
RESOLUTION NO. 96-59
A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA
ESTABLISHING THE BASIC VESSEL SLIP RENTAL FEES TO BE
CHARGED TO PRIVATE, COMMERCIAL AND TRANSIENT VESSELS AT
CLEARWATER MUNICIPAL MARINA; PROVIDING AN EFFECTIVE DATE.
;<
j<
WHEREAS, section 33.028 of the Code of Ordinances of the city of
Clearwater authorizes establishing of rental charges for use of docking
facilities at the Clearwater Municipal Marina; and
WHEREAS, the City commission finds that it is proper and advisable to
establish the charges for the rental of the Clearwater Municipal Marina boat
slips and dockinq spaces as set forth herein in order to recover the direct
costs for the marina building, slips, utilities and supplies; now, therefore,
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
I,
section 1..
There is hereby established the following charges
for the rental of boat slips and docking spaces at Clearwater Municipal
Marina.
1. Basic rental fees are:
(a) Permanent Private Vessel Slip Rent
Resident
- $3.75 per foot, per month
Non-Resident - $4.25 per foot, per month
(b) Commercial Vessel Slip Rent
~ c.
Vessel Resident Non-resident
4 Passengers $195.50 $224.25
6 Passengers $230.00 $264.50
7 to 19 Passengers $264.50 $304.75
20 to 39 Passengers $287.50 $333.50
40 to 69 Passengers $373.75 $431.25
70 to 89 Passengers $455.00 $526.50
",
,
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Resolution 96-59
. .,;,.'."1,.. :
; .. .. '. ~ . h .,
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90 to 100 Passengers
101 to 160 Passengers
161 and over
$520.00
$572.00
$936.00
$375.00
$230.00
$287.50
$230.00
$460.00
Special Purpose - parasail
Multi vessel - small
Multi vessel
large
Yacht broker - seawall
Yacht broker - multi vessel
'.
Yacht repairs
Island Estates $184.00
Moorinq buoys - Island Estates $362.25
High & Dry - Island Estates $138.00
Commercial fishing - small $184.00
Commercial fishing - large $345.00
Bareboat Charter
$143.75
'"
(0) Transient Ve5sel Slip Rent
.'
Daily
Weekly
Monthly
- $.90 per foot, per day
$4.00 per foot, per week
$11.00 per foot, per month
$598.00
$663.00
$1,066.00
$435.00
$264.50
$333.50
$264.50
$529.00
$212.75
$419.75
,
$161.00
$212.75
$396.75
$166.75
section 2.
This resolution shall take effect on October 1,1996.
PASSED AND ADOPTED this
day of
Attest:
Rita Garvey, Mayor-Commissioner
<I,.
.
, : ~
Cynthia E. Goudeau, city Clerk
Approved as to form and legal sufficiency:
~~- -
Jo n Carassas, Assistant City Attorney
d
Resolution 96-59
,.
ORDINANCB NO.6085-96
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, RELATING TO RENTAL CHARGES FOR
BOAT SLIPS AND DOCKING SPACES AT CLEARWATER
MUNICIPAL MARINA; AMENDING SECTION 33.028,
CODE OF ORDINANCES, TO AUTHORIZE THE CITY
MANAGER TO APPROVE INCREASES IN RENTAL
CHARGES UP TO TEN (10) PERCENT ANNUALLY; PROVIDING
AN EFFECTIVE DATE,
BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA:
section 1. section 33.028, Code of Ordinances, is
amended to read:
r
s.c. 33.028. Rental charges.
The city manager shall establish charges for the use of
boat Blips and docking spaces, which charges shall be uniform as
to type of spaces or services to be furnished, shall be
established in writing, shall be posted at the marina building on
Clearwater Beach, and shall be effective 72 hours after'written
notice of change thereof has been so posted. The city manager is
authorized to approve vessel slip rent increases up to ten (10tl
annuallY. based on surveys of rates charges by other munici~al
marinasw
Section 2. The provision of this ordinance shall take
effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND
FINAL READING AND ADOPTED
Rita Garvey, Mayor-Commissioner
,.
-,
Approved as to form and
legal sufficiency:
C::::::>~~
john C. Carassas
Assistant city Attorney
Attest:
=::-
Cynthia E. Goudeau
city Clerk
Ordinance 6085-96
, '.
M'R2
CITY OF CLEARWATER
lNTEROFFICE CORRESPONDENCE
. t-fV
TO:
Mayor and City Commission
Betty Deptula, City Manager ~
SUBJECT: Marina Slip Rate Increase
FROM:
DATE: September 13, 1996
Based on City Commission discussion and reaction from some of the tenants at the Marina, we
have reexamined our original proposal for slip increases at the Marina. Various options under
. consideration were submitted to you in the August 27, 1996 memo from Bill Held.
Our recommendation is to adopt option #3 detailed in the memo, and additional analysis
of the recommended slip rate increase is attached.
OUf original proposal was primarily based on the market survey prepared for the City which
indicated that many of our commercial rates were significantly below rates charged at other
public and private facilities. The percentage increases proposed va.."":ied for each size of customer
in order to reach closer to IImarketll rates.
Option #3 changes this approach for commercial tenants. The increase would be flat across the
board:
15% for boats with capacity up to 69 passengers;
30% for large commercial boats, with capacity of 70 or more;
50% for parasail operations.
Option #3 also eliminates the dock space rental for all slips except the two tenants with more
than 200 sq. ft. office space.
This modified rate increase will actually result in tenants paying more or less than the original
proposal, and results in an anticipated slightly negative bottom line for the enterprise fund. We
would cure this 1996/97 operating deficit, by an equal reduction in the transfer to our planned
Capital Improvement Projects.
The Marine Advisory Board considered the revised proposal at their meeting on Wednesday
September 11, 1996 and voted to recommend that the original market driven rates be adopted.
The City has invested significant money over the recent past to upgrade the facilities and
amenities at our Marina. Our commitment to our tenants has been demonstrated by the building
"tropical seascape" facade and other site improvements, the free sewage pump out stations, the
continuing replacement or repair of docks, the installation of equipment not available in most
marinas to provide ADA access to boats, the extension of the Jines to larger boats to provide for
refueling at their docks. and after hours on-site security provided by our police department.
This item is scheduled for discussion at the Worksession on Monday, September 16 and for
Commission action at the regular meeting on Thursday. Please let me know if you need
additional information.
.
CLEARWATER MUNICIPAL MARINA
FY 96/97 Slip Rent Revenue
PRIVATE TENANTS
Resident (per foot, per month)
Non-Resident(per foot, per month)
COMMERCIAL TENANTS
CURRENT
3.50
4.00
RECOMMENDED
3.75
4.25
4 Passengers
6 Passengers
7 to 19 Passengers
20 to 39 Passengers
40 to 69 Passengers
CURRENT
R NR
170.00 195.00
200.00 230.00
230.00 265.00
250.00 290.00
325.00 375.00
15% Increase
R NR
195.50 224.25
230.00 264.50
264.50 304.75
287.50 333.50
373.75 431.25
70 to 89 Passengers
90 to 100 Passengers
101 to 160 Passengers
161 and over
CURRENT
350.00 405.00
400.00 460.00
440.00 510.00
720.00 820.00
30% Increase
455.00 526.50
520.00 598.00
572.00 663.00
936.00 1066.00
CURRENT 50% Increase
Special Purpose - Parasall 250.00 290.00 375.00 435.00
CURRENT 15% Increase
Multi vessel - small 200.00 230.00 230.00 264.50
Multi vessel - large 250.00 290.00 287.50 333.50
Yacht broker - seawall 200.00 230.00 230.00 264.50
Yacht broker - multi vessel 400.00 460.00 460.00 529.00
,
Yacht repairs - Island Estates 160.00 185.00 184.00 212.75
Mooring buoys - Island Estates 315.00 365.00 362.25 419.75
High & Dry - Island Estates 120.00 140.00 138.00 161.00
Commercial fishing - small 160.00 185.00 184.00 212.75
Commercial fishing - large 300.00 345.00 345.00 396.75
Bareboat charter 125.00 145.00 143.75 166.75
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CITY OP' CLEARWATER
INTERDEPARTMENTAL CORRESPONDENCB
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Elizabeth M. Deptula,
William c. Held, Jr.,
Cyndie Goudeau, city
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city Manager J t ,~~ ,~!.' ." I,:
Harbormaster (j..W{ ,: ; I f,JI \;',n'~i;Jl
Clerk
FROKI
COPIBSI
SUBJBCTI Marina Business Plan - Marine Advisory Board
DATBs September 12, 1996
,
. ,\
..'
As you requested, the amendments to the Marina Business Plan were
reviewed with the Marine Advisory Board yesterday.
After much discussion on the slip rent increases and the
amendments, the Marine Advisory Board (MAB) passed a motion to
retain their original motion for the rate hikes. The original
motion of the MAB passed on July 10, 1996, endorsed the slip rent
increases in the Marina Business Plan. '
Please call me at 6954 if you have any questions.
, I
; ,
"
-
JOY RIDE PARASAn.
61 COUNTRY CLUB DR. LARGO. FL 34641
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Mayor Rita Garvey
City or Clearwater, FL
112 S. Osceola Ave.
Clearwater, FL 34616
" .Jt..... LJ
CO~'ES TO'
GOMM''''SIO'
August IS, 1996 .:l N
AUG 2 0 1996
"'~H.';"".:l
'';LERK i ATTORNEY
Dear Mayor Garvey.
[', "
.' ,
My name is William Farr and I manage loy Ride Parasaillocated at Slip 22 in the Clearwater Municipal
Marina, 25 Causeway Blvd This letter is in reference 10 last nights City Council meeting regarding the
proposed increase in slip renlals. The Clearwater Municipal Marina FY 96/97 Slip Rent Revenue report
lists the current and proposed increases. It begins with 4 passenger vessel slips increasing by 11 % to
"Spc:cial Pwposc . Parasail" slips increasing by 1'00%. Why such inconsistencies? First of all, please
permit me to address the "Special Purpose" issue. Evety boat other than fishing boats are unique in their
own right. Tbcrc is only one Pirate Boal, one Diving Operation, one Boat Rental, two Serving Meals,
three Dolphin Operations and tbrul Parasail Boats. To categorize the Parasail as "Special Purpose" and
i.ncreasc us by 100010 is grossly unfair. While rising prices seem inevitable, this entire situation is riddled
with inconsistencies. The resean:h company that reported to Mr. Held ofthcir inability to get any ParasaiJ'
COmpanies to participate' is a blarant lie. No one ever approached myself or Mr. Wall Clair with Sky
Screamer Parasail. I was unable to reach Mr. Hopper with Parasail City but I venture to say he would say
the same.
We believe the Clearwater .City Council docs not tolerate discrimination of any kind at any time and
hopefully thc~in2on ~ 19l!!. will prove mybelict: Kyou have any questions or ifl can be of
any additional assistallCC, please do not hesitate fa contact me. '
William Pm
", .
.,
. oc: Commissioners Bob Clark
BdHooper
DB Johnson
Karen Scel
City Manager . P'llzabeth Deptula
Deputy City Manager . Kathy Rice
}\ss1R1flJt City Manager . Bm Baird
Sky Screamer . Will Clair
Parasail City. Ie. Hopper
Wormac Advertising Consultants. Mac McCu1Joh
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45
CITY OJ' CLBARWATER
IHTBRDEPARTHENTAL CORRBSPONDBNCB
Tal
Elizabeth M. Deptula, City Manager . ~
Kathy S. Rice, Deputy City Manage~
cyndie'Goudeau, City Clerk ~(jJ 6" fi .~
Wil~iam ~. Held, Jr., Harbormaster ~
Lee Achterhof, pier 60 supervisor
'FROHI
COPIBSI
SUBJECT I pier 60 Business Plan
DATBI September 6, 1996
\5
Attached .aw:Q
presentation
19,' 1996.
. The proposed business plan has been reviewed and supported by the
Marine Advisory Board and the Fiscal Review Committee.
cop'ies,' of the pier 60 Business Plan for the
to the City Commission on the meeting of September,
Please call me if you have any questions or need more
information.
'i
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P1!R 10 IIUlIIN!SS PLI\N
PAGe: 1
Table of Contents
EX.ECUTIVE SUMMARY... II ......... ............ 11...............1.. ..... ..11I1"" ....... II... ......... III .................... 1'1"" ......... II.................. 1.1...... ...2
PRESENT SITUATION "'11.11 ...........................................,....... ............... .......1............,.. 1.1.. ........... ............. ....... II iII.I........... ....oil 6
O~ECTIVES .. ........... ....,........ ......... ........ ..... ..... ....... .1........ 1.6.. ... 1.1'1... ....iI........ 1.1 ........... ...... II" ............"............. 1 0
~AGEMENT .... ...'1 I................... ..... ...1 ............1........"...... ..... 1.1....... III ...1..................................... .llI........... 16
SERVICE OeSCRI PTI ON....... I'" I................... I I.................................... III.....,. ,I............................................ .20
MAR~ ANALySiS..... ........ .11.., I... ... ......... ... ...... ill..... ....... ................ ....... ......... ................ ....110.......... .... .24
MA~ING STRA. TEGY . ............................ ........ ......... ............... ....."...... .......... iI............,.. ............ ..28
FINANCIAL PROJECTIONS 11I.1. I.... I.... III......... ..... ............ ...'11I iI............. 110.. 110 III.. "......... ............ 'II.'. III 110..1.... ......38
CONCLUSIONS AND SU MMARY ... .................. ......... ....... ................... .1-......... ........ ...... ..................41
APPENDIX ... ........ ~....... ..... ..... ..... ...... ..... .... ..., .....,..... ...." ... ....... II ............. ...,..... .....,. ............ '."" ................. ....... iI illI..... .... 42
Appendix # 1 O(9snlzatJon Chart.... ..................,..... .................... .............. ."........1.......1I.................~~..,..#...... 43
Appendix #2 Pier 60 Pamphlet..,............~..................,...........,............................................................. 44
"Ca.MTT!D TO I!XC!I.LtNT C1JSTOMI!R S!RVlCl! .
>,
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PI!!R eo eUSIN!!SS PLAN
PAO!! 2
EXECUTIVE SUMMARY
BacIqJ'ound
Pier 60 Is currently an enterprise fund activity for the City of Clearwater, administered by
the Marine Department The pier was established by the City of Clearwater to provide a
public service to the community, better serve the Clearwater fishing community, take
advantage of city-owned property and fill the void for a fishing facility in the area.
For the purpose of this Business Plan, the Pier 60 will be referred to as the pier or fishing
pier.
The Marine Department Mission Statement is:
"MAINTAIN THE MARINE DEPARTMENT AS A REVENUE~PRODUCING
DEPARTMENT WITH A DEDICATED STAFF THA T PROVIDES HIGH QUALITY
MARINE-RELA TED SERVICES WrrH EXCELl FNT CUSTOMER SA TISFACTION TO
, CmzENS AND CUSTOMERS".
I,
.:;>
The pier is one of the best equipped and most attractive fIShing piers fn Rorida. The pier
was rebuilt In the "Tropical Seascape Theme" in April of 1994 at a cost of $2,200,741.
The most Important features of the pier are the attractive bait house, six covered
pavilions, free section with telescopes and highly trained and professional staff. The Pier
60 Team strive to insure that both the fishing community and visitors make the pier a
pleasant place to visit while on Clearwater Beach.
The pier offers the following services for the fIShing public and visitors convenience: full
service air conditioned bait house, snack bar, rest rooms, up to the minute tide and
weather Information, open on a twenty-four basis, reasonable rates and all other services
expected by the fishing public and tourists of a full service fishing pier.
Our strategies for meeting the growth demands at the pier is to provide excellent
customer service, insure that revenues pay for expenditures and to increase the
marketing of the facility. Users of the pier Indicate that our customer service has an
excellent reputation.
; ,
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Objectives
u
The objectives of the Business Plan propel the pier Into a prominent position within the
fishing community. To accomplish the objectives, we have developed a comprehensive
plan wflh strategies on each objective to Intensify and accelerate our activities and
customer service. The objectives are:
"COMWTT~D TO I!Xcel.l.!m' CUSTOMI!R S~RVlce .
_ '-_.. ~.~ .l' ...>...'~. .~.. + e
Ple:R 80 BUSINe:SS PLAN PAG!!; 3
)> Maintain the pier as a city operated fishing pier that produces revenue that meets or
exceeds the expendltures of the pier. Also, Insure that the city receives fair market
value for fts Investment
'-"
)0 Increase pier revenue by 5% in each year from $290,000 In the first year to $352A95
In the last year of the plan and Insure that expenditures are less than revenues.
)0 Continue to operate the pier under the control of the Marine Department, with
maintenance being provided by the Marina Service Section to Insure that the pier
continues to be a show piece on Clearwater Beach.
)0 Provide budgeted funds to insure that the pier is maintained throughout the years of
the plan as a General Fund operation.
). Insure that the pier is competitive wfth other fishing piers In the area.
). Continue an extensive campaign to market and promote the pier to citizens and
tourists and take full advantage of the facility.
)0 Continue annual customer service and safety training for all pier employees to insure
the highest standards of safety and customer service.
There are several strategies for each objective In the Business Plan.
~ ..).)
Management
The pier is under the direct management of tile Harbonnaster. He is assisted by the
Assistant Harbonnaster and Recreation Pier Supervisor with management of the pier.
The on-site manager of the pier is the Recreation Pier Supervisor. Pier management is
trained and capable of dealing with the public and providing excellent customer service.
The pier supervisor retired In 1995, causing an unexpected Increase In expenditures for
FY 95196.
MarketIng
The recreational fishing Industry has projected a steady Increase In pier fishing in future
years. Conservative estimates suggest that the pier, with an Intensffied and accelerated
marketing plan, Vwilr Increase customer service each year of the plan and generate an
Increase In total revenue In each year of the plan.
I' ,
'--...-'
"CClM'tfrTTeo TO eJ(CZLl!NT CUSTCMI!'It seRVICe .
_~"'h' .. _...,
~ Ptl!:R eo eUSINI!:SS PlAN PAGI!: 4
~ The thrust of our marketing strategy consists of Informing the citizens of Clearwater,
reaching the fishing community and demonstrating that we can provide a quality fishing
facility with excellent customer service. We Intend to reach our customers throughout
each year of this plan, by word of mouth from fishing public and visitors who have
enjoyed the pIer, by holding fishing toumaments, by placing a variety of notices on
services, by using the Cit}ls Video Bulletin Board, by advertising In regional and local
, fishing related publications, and by supplying a variety of organizations with pier
pamphlets detailing the facility. We will also contact the local media for the purpose of doIng
publ1c saNlee infoonation messages and stories on the pier activities.
Overall the pier can be characterized as a full service fishing facility that can meet the
dally needs of the fishing community, citizens and tourists.
FJnance
~.)
The Pier has a current liability of $165,000. The mid-year projections for FY 95/96 show
revenues at $243,300 and expenditures at $325,740. The reasons for the difference In
revenue and expenditures was due to red tide, re1irement of Pier Supervisor, bad
weather during the winter months, and Pier Park construction. The Budget Department
conducted an analysis of pier 60 from 1986 until 1995. The analysis showed that the
pier would be in a positive operating status each year as a General Fund Operation,
except for the year of construction for the new pier. The objective of the plan calls for the
pier to be operated under the General Fund wi1h no charges by Building & Maintenance
(except for air conditioning) and to Increase Equipment Service and Repair expense
code by $20,000. For the remaining years of the plan, $20,000 will be placed In a CIP for
maintenance of the pier. The pier would operate under the Marine Department, which
has the marine expertise and employees to maintain the pier. Pier revenue Is projected
to Increase by 5% in each year of the plan. The objectives of the plan should put the pier
In a posttive operating status.
Conclusion
The pier enjoys a track record of excellent customer service in the fishing community and
pier employees are strongly committed to the City Commission goals of Economic
Dev'elopment:. Tourism and Public Safety and the city Principles of Operation. The
expressions of satisfaction and encouragement are numerous. Our intention with this
Business Plan is to Insure that the pier revenues pay for expendtbJres, show a steady
growth by increasing revenues, continue excellent customer service and to take full
advantage of as many opportuntties as possible with this facility.
This plan has Identified and addressed all items of concem to Insure that the pier is run In
a highly professional and customer friendly manner.
u
"COMMITTeD TO I!:XCI!:I.U!NT CUSTot.eR SI!:RV1C1!: v
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P1I!R 10 BUSINI!SS PLAN
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PIeR eo 8USINeSS PLAN
PAoe 6
PRESENT SITUA TION
Pier 60
:)
The City of ClealW8ter Is a municipal corporation originally chartered by the State of
Rorlda In 1915. Pier 60 was established to provide a publlc service and better serve the
fishing community, take advantage of the city-owned waterfront property and fill the need
for a fishing facility In the area. In 1952, the city constructed a 450 foot long fishing pier
on ClealW8ter Beach at the end of State Road 60. In 1966, the fishing pier was
extended 630 feet Total length of the current fishing pIer Is 1,080 feet
The fishing pier is constructed on submerged land owned by the State of Florida. In
1985, the city submitted the application to grandfather the pier with the state until January
1998. With the reconstruction of the pier, the city lost the grandfatherlng and had to start
paying a submerged land lease fee to the state. The city commission approved lease
#520010893 with the Board of Trustees of the Intemallmprovement Trust Fund of the
State of Rorida of Sovereign Submerged Lands beneath Pier 60 on May 16,1996. The
lease has a five year term and covers 14,450 square feet The initial year annual lease
payment was $2,164.61, with Increases annually based on the Consumer Price Index
(CPt) average for 5 years.
The pier was operated under various lease agreements until January 1983. The last
Jessee was Clearwater Ashlng and Recreational Pier, Inc., owned by Mr. Harry Armston.
Mr. Armston canceled the lease because of the extensive costs needed to repair the
pier.
In January 1983, the city assumed the operation of the pier on a 12 month test as a
enterprise fund operation. The pier was placed under the operational control of the
, Marine Deparbnent and It was open 16 hours a day.
In September 1985, the pier started 24 hour operations. The pier is open 364 days a
year; It is only dosed on Chrisbnas day.
In January 1986, the city received a $20,000 Grant from the State of Rorlda Department
of Natural Resources, Division of Marine Resources to construct a artificial fishing reef
off the fishing pier.
In July 1992, emergency structural repairs were made to the pier and In June 1993 the
pier was closed for demolition and rebuilding. In April 1994 the pier was reopened for
business. The construction cost of $2,200,741 was financed by "Penny for Pinel/as"
Infrastructure tax.
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In 1995, the dty entered Into a five year lIcense agreement with the National Oceanic
and Atmospheric Administration (NOAA) for the placement of a weather data collection
"CCltoMTTeD TO I!XC!LLI!NT CUSTOMeR SI!RVIC! .
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P1~R so eUS1N~SS ~LAN PAoe 7
station on the new fishing pier. this station transmits data directJy to NOAA and provides
weather Information for local Interests. As part of 1I1e license agreement and at their
cost, NOAA Installed an LED bulletin board with up to 1I1e minute weather Information for
visitors and flshennen.
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City Commission Policy statement No. BG-11 requires all Proprietary (Enterprise) Fund
Operations to be self~supporting. and pay administrative and other service charges to
the General Fund Operations for support at a level determined by the City Commission.
Pier 60 goals for FY 95/96 are:
To Increase total Pier 60 revenue In FY 95/96 to a level of 5% higher than the actual
total revenue for FY 94195, wtthin the approved budget level and staffing.
To Increase the number of fishing tournaments from two to four during FY 95/96,
within the approved budget level and staffing. '
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As of the date ofthls plan. it appears that the pier will meet goal number two and,not
meet goal number one.
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Activities
The foUow;ng activities have taken place on the fishing pier since it reope~ed:
, , The New Pier 60 Grand Opening.
Kids Day FishIng Tournament
Fun & Sun Fishing Tournament.
Pier 60 Annual Anniversary Fishing Tournament.
CRy of Clearwater Parks & Recreation Fishing Tournament.
A to Be School summer fishing program.
Sertoma Club Fishing Tournament
Visit from Ice Hockey Team.
, Visit from delegatIon from City of Nagano, Japan.
Various religious groups.
Pier used to film several commercial television ads.
Several weddings have taken place on the pier.
City Channel 15 used the pier for television filming.
Pier used by salling organization for viewing of vessels.
Sunsets at Pier 60.
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General StatJstlcs for tile period April 1994 to April 1996:
Actual General Admission Revenue was $122.734. for an estimated 245.468 walk on
customers.
"CClMlITTI!D TO fXCI!!L.l.!NT CUSTOMI!R SI!!RVICI!! .
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PIeR eo eUSINeSS PlAN PAQ~ e
Actual Fishing Admission Revenue was $144,678, for an estimated 36,169 fishing
customers.
Acb.Jal Ashlng Pass Revenue was $13,143, for an estimated 25 yearly passes, 50
monthly passes and 120 weekly passes.
Market Environment
Pier fishing has become a popular altemative to fishing from boats, which can be very
costty. We are poised to meet the Increase activity with Intensified and accelerated
marketing of the pier. The pier provides recreational opportunities to people of all ages
who wish to fish the waters of the Gulf of Mexico.
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Service and Equipment
The pier Is staffed by a professional team, that can meet all of the needs of the
customers using the facility. Maintenance of the fishing pier Is provided by the Marine
Deparbnent marine service section.
To support the Marine Service Section In the maintenance of the pier and other city-
owned facilities, the following floating equipment Is available:
Twenty-five foot tug boat
Thirty-three foot barge with hydraulic crane.
Nineteen foot utility outboard boat
Pricing and Profitability
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Pricing for the fees, goods, service and rental equipment for the pIer, are administratively
controlled by the Harbormaster, with notification of changes to the City Manager. Our
current pricing strucbJre Is competitive with other piers within Plnellas County and the
pricing strucbJre Is reviewed annually.
Customers
Current and past customers of the pier have Indicated that they are satisfied with the
facility and the service that Is provided.
Management
Management for the facility Is under the direct control of the Harbormaster. He Is
assrsted by 1he Assistant Harbonnaster and Recreation Pier SupervIsor.
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PlI!R eo !lUSINI!SS PlAN
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Financial Resources
The present pier construction was financed by the "Penny for Pinellas" infrastructure tax.
The current estimated value of the pier Is approximately $21090,741.
. I
The operational and maintenance funds for 1hls facility are from user fees, equipment
rental. sale of goods and service. Revenue In access of acbJsl expenditures will be
placed in the general fund. The change funds maintained at the pier are the cash
, reg~(drawers and roll coin cash fund. These funds have a combined total of $500.
Program revenues at Mid-Year for FY 95/96 are projected at $2431300 and expenditures
are projected at $325,740. The projected revenues for FY 95/96 were reduced from
" $344.41'0 to $243,300. Pier 60 revenues are lower than projected because of tile
severe weatiler during the winter months, outbreaks of red tide and construction of Pier
Park which partially blocked ihe entrance to the pier.
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Pl!!R 80 BUStN!!SS PLAN
PAC!! 10
OBJECTIVES
The primary objectives of the Pier 60 Business Plan are:
#1 OB]ECIWE:
Maintain the pier at a ci!} opemted fisangpier that produces mlt1lJ1e that meets or r.xcetdr the expendiltm.f oj lhe pier.
Al.w, i/IJ'I(~ lhat 11M city reteI'uufair Nlorktl w/m for in im~/mt1J1.
STRATEGIES
CHANGE PIER FROM ENTERPRISE FUND TO GENERAL FUND
, Change the fishing pier from an Enterprise Fund to a General Fund. The pier would
remain under1he operational control of the Marina Deparbnent with this strategy. This
change will delete all the Interfund transfer charges from Administration, Parks & Marina.
The totallnterfund amount for FY 95/96 was $63.520. The Marine Deparbnent will
continue to provide administrative support and maintenance of the pier by the Marine
Service Section. 1111s section has the equipment and expertise to maintain the pier. The
pier Equipment Service and Repair 462 Code will be Increased to pay for maintenance
equipment The code will be Increased by $20,000 In the first year and Increased by a
small percentage In the other years of the plan. This change should put the pier In a
positive stabJs during the years of the plan.
ADD HOURS TO PART TIME PIER EMPLOYEES
Increase pIer part time employees hours by 10 hours per week for 52 weeks at an
estimated cost of $4,775. The hours will be used for clean up service to the pier, which
had been done by the Parks Department In FY 95/96 at a cost of approximately $10,785.
ft Is more cost effective to have the pIer part time employees clean the pier. With this
strategy, there Is a saving of approximately $6,000 In the first year of the plan.
#20BjECIWE:
Inmarepkrrevenlll5% eamyeorfroml290,OOO in thejirstyearlo 1352,495 in the lmtyearoJlbeplmt.
STRATEGIES
ADJUST MARK UP OF PIER MERCHANDISE
Merchandise sold at 1I1e pier will have a mark up of at least 33%. A monthly inventory of
all merchandise will be made by the Pier 60 SupelVisor to Insure that percentages are
-cor.MTTI!D TO I!XCI!lLI!NT CUSTOMl!R SI!RVlCI! .
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PIeR eo I!USINeSS PLAN PAQI! 11
correct and to record shrinkage. The Pier 60 Supervisor will, make recommendations to
the Harbormaster for price adjustments.
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MAINTAIN HIGH TURNOVER MERCHANDISE
The pier will continue to sell items that have a high bJm over. Items left on the shelf for
several months, 'Nill be returned for a credit Merchandise stocked at the pier 'Nill be items
that customers request and high turnover Items.
NOTE: Pier rmnNe iJ imjxJtWi I!J ~U1her and other fadlJrs wt JI11Ikr the ronlrol of the Marillt Departmmt.
#J OBJECI1VE:
Continue /l} opmm the pier wtdtr tbe ronlrolof the Marine Dq;arlmmt, with maintmalla bdngprotitkd l!J t/~
MmilJe Smite S <<don 10 i1l.!1ln that the pier rontinu(!.f /l} be 0 show piect 011 Ckaf1JJOfn" BeodJ.
STRATEGIES
I
ADMINISTRATIVE SUPPORT FROM THE MARINA OFFICE
The Marina office will continue to provide administrative support to the pier. even though
It is under the general fund. The administrative support of the pier will Include
supervision by the Harbonnaster and Assistant Harbormaster.
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MAINTENANCE SUPPORT FROM MARINE SERVICES SECTION
The Marine Service Section will continue to respond to the maintenance needs of the
pier. Due to their marine expertise. they are best suited to meet the marine demands of
the pier. The increase in funds In the Equipment Service and Repair code should cover
costs for maintenance items. '
#40BJECI1VE:
Protitk budgekd Jsmd! 10 i1lJ7m that the pkr if mai'1tained throughout the years of the plall ar 0 Gmmzl Fllnd aditi!Y.
STRATEGIES
I,
BUDGET ADDITIONAL MAINTENANCE FUNDS
Budget an additional $20.000 In the first year of the plan In the Equipment Service and
Repair expense code.
Establish a CIP with $20,000 in the remaining years of the pran. These funds will help to
Ins~re that the pier has revenue for maintenance.
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PI!R eo BUSIN!SS PlAN
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, #5 OBJECTIVE:
In.mre that the pier is rompetiti~ with other jisfingpiers ;,zthe arta.
STRATEGIES
. CONDUCT ANNUAL SURVEYS OF OTHER FISHING PIERS
, An annual survey.of other fishing piers will be conducted by the Pier 60 supervisor. The
, ,survey results will be reviewed with the Harbormaster, who will make adjustments
!. needed to pier charges. All changes will be reported to the Ctty Manager.
#6 OBJECITVE:
Colzlinue an extmsire campail!P to market ami promote the pier 10 dli!{!flJ atzd tourists and lake filU advanlalJ of tile
fad/ity.
STRATEGIES
ADVERTISING
Continue to advertise in fishing publications and provide fishing/activtty Information to
local nev.lSpapers and radio stations.
MARKETING STRATEGY
See Marketing ~trategy Section.
#70BjECI1VE:
Continlle t11111IIal anlomer smite and Jo/qy trainingfor pier emp/ojw to ;,mlrt the lighe.rt level of JtandardJ of Jqft!J
and Clutomer smict.
STRATEGIES
CUSTOMER SERVICE TRAINING
Each Pier employee will receive customer service training on an annual basis. Customer
service will als~ be discussed at monthly supervisor meetings.
SAFETY TRAINING
Employees of the Pier will receive first aid refresher training and attend other safety
classes, as directed.
"CCIW.t'TT!D TO l!XC!LJ.eNT CUSTOMI!!R S!RVICI! .
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PII!R 80 BUSINI!SS PlAN PAG!! 13
OTHER TRAINING
Other training will be scheduled for Pier employees, as needed, during the years of this
Business Plan.
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PIER 60 GOALS FOR FY 96/97
To Increase total Pier 60 revenue In FY 96197 to a level of 5% higher than the actual
total revenue for FY 95196 within the approved budget level and staffing.
To Increase the number of fishing tournaments from four to six during FY 96/97.
within the approved budget level and staffing.
RatIonale
By placing the pier under the general fund. the service charges from administration,
Parks Department and Marina will stop. By increasing the hours of pier part time
employees to clean the pier, there Is a savings of $6,000. These charges were $63,520
this fiscal year and by eliminating the charges, the pier can operate In the black. The
difference between revenue and expenditures will go Into the general fund. The
. . equipment and Service repair code will be increased by $20,000 in the first year and a
CIP with $20,000 each year will be established In the remaining years of the plan to
rTu:ilntaln the pier.
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Building and Maintenance charges, other than air condftionlng service, Is not
recommended for maintenance of the pier because they do not have the employees to
maintain the pier and the fact that the costs for their services are estimated to be
$31,000.
RetJ..m on Investment
,
Under the General Fund, the city will receive a rewm on its Investment on the pier.
Eliminating service charges from pier expendlbJres should put the pier In a positive
status.
FInancIal Objectives
To better understand the financial objectives for the pier, we need to look back over the
past two year and the current fiscal year at revenue and expenditures. Listed below are
actual revenues and expenditures for FY 93/94. FY 94/95 and amended MidwYear for FY
95/96.
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"cow.tTTI!D TO I!XcaLENT CUSTOMeR SI!RVJCe .
fII'& P1I!!R eo DUSINI!!SS PlAN PAQI!! 14
Revenue FY 93/94 FV 94/95 FY 95196
Rshlng Admissions 46,169 75,426 59,500
Rod Rental 11,907 17,107 14,700
General Admissions 32,207 65,982 59,500
Concession Sales 15,986 36,359 30,000
Bait Sales 16,206 29,151 22,100
Tackle Sales 18,720 31,651 25,900
Cigarette Sales 2,177 4,619 4,000
Vending Machine 13,745 33,269 18,600
FIshing Passes 4,093 6,019 7,000
Other General Rev 3,645 5,975 3,000
Revenue Totals 164,855 305,558 244,300
expenditures
Personal Service 91,294 146,808 152,220
Other Operat Exp 108.466 165,662 158,660
Internal Service 4.331 5,048 4,210
, Capital 0 0 7,720
, Debt Service 1,893 3,711 2,930
/) Expenditure Total 205,984 321,229 325,740
'.:.J Expenditures of. Total
Revenue 124.9% 105.1 % 133.3%
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FInancIal Goal
Our financial goal Is to maintain the pier as a revenue producing activity that meets or
exceeds expenditures. Revenues for the pier should increase In each year of the plan.
PosItIon for Growth
Our position for growth is good, and can be accomplished with the following in mind:
Understanding our customers, both fishing and non-fishing.
Understanding the needs of the fIShing community.
: Rates charged must be sufficiently competitive to attract and retain customers.
Balance goals and objectives.
Maintain a highly qualified and customer service trained staff to dear wtth citizens and
customers.
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PII!R eo BUSINess PLAN
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MANAGEMENT
PIER 60 TEAM
The Pier 60 team ls made up of 1he Harbonnaster, AssIstant Harbormaster, Recreation
Pier Supervisor and Pier 60 Marine Facility Operators. TIle organizational chart for the
pier is attached as APPENDIX 1.
PER 60 TEAM RESPONSIBILmES
Harbormaster
As Department Director for 1he Marine Department, supervise the overall operation of
the pier.
Approve new Innovations, rate changes, and operational practices for the pier.
Monftor Submerged Land Lease for the prer.
Identify areas for future growth with the pier.
Plan for the future with regard to the pier complex.
Maintain the pier as a ctty-o'Mled facility.
Assistant Harbormaster
Assist with endorsements, suggestion and recommendations on the operation of the pier
to the Harbormaster.
Submit suggestions for on new Innovations for the pier.
Assist with the Identification of areas for future growth with the pier.
Monitor the operation of the pier.
Assist with the maintenance and safety of the pier.
Recreation Pier Supervisor
Supervise the dally operation of the pier.
Submit suggestions and recommendation on the operation and maintenance of the pier
to the Harbonnaster and Assistant Harbonnaster.
'''CONMTTW TO !Xce~NT CUSTOMI!R SLmVICe.
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Pt~R eo !USIN!SS I'l."!
PAQ! 17
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Submit suggestions for new innovations for the maintenance and operation for the pier.
Control and account for all pier Inventories.
Submft suggestions on inventory levels and profrt margins.
Submit suggestions on promoting the pier and revenue enhancements.
': Insure that weekly inspection of the pier are conducted and that repairs are made as
soon as possible.
Assist with the ide.ntification of areas for future growth with the pier.
Marine Facility Operators .
The Marine Facility Operators for the pier collect user fees. sell fishing supplies, assist
customers. maintains rental rods & reels and provides Information of fishing rules and
regulations.
Assist customers with repairs to customers fishing equipment
Maintains the pier is a etean, safe and pleasant environment for our customers.
Assist the Pier Supervisor with the dally operation of the pier. as directed.
Submft suggestion for improvements in pier operations.
Additional part time employee hours are needed to properly carry out the goals and
objectives of this business plan. The increased hours for garbage service on the pier will
require an additional 520 hours per year.
Marine Advisory Board
111e Marine Advisory Board Is made up of highly qualified members of the marine
community who act as advisors to the City Commission on the municipal marina. They
are appointed for a four year period by the City Commission. They advise the
commission on matters regardIng the Marine Department
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ConclusIon
The strength of the Pier 60 Team stems from the combined expertise In both
management and technical areas. which has produced excellent results over the past
years The current Recreation Pier Supervisor and Marine Facility Operators have over
75 years of fishing experience.
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P1l!!R eo eUSINI!SS PLAN PAG! 18
The leadership and alignment characteristicS of the Pier 60 Team have resulted in broad
and flexible goal setting ~ to meet the demands of the flshlng community and our citizens
and customers. This Is evident 'NIlen the team responds to situations requiring new and
Innovative capabilities.
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, Under the General Fund, the pier should be able to generate the revenues needed to
keep It In the black.
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PI!R so DUSrN!SS PLAN
PAG! ZO
SERVICE DESCRIPTION
Pier 60 Is ideally located on famous Sparkling Clearwater Beach. It is one of the best .
equipped and most attractive fishIng piers in Florida and offers access to fishing
activities, fine dining, shopping, entertainment and outstanding white sandy beaches~
lhe pier is a muttlpurpose facility that is open twenty four hours a day, seven days a
week. It is staffed by employees that are skilled in providing "Excellent Customer
Service". Our employees take pride In meeting the requests of our citizons and
customers.
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Current Pier 60 Customer Service
);0 Trained staff to meet all customers needs
>> Up to the minute mather conditions at the pier
}o> Shaded, covered pavilions
>> AudloNldeo Security system
~ Reasonable user fees
>> Reasonable equipment rental rates
}o> Daily, weekly, monthly and yearly fishing passes
>> Full service bait and tackle Shop
>> Rshlng rod repairs
>> Snack bar
')il- Rshlng tournaments
>> Sightseeing
>> Telescopes for beach viewing
>>, Easy access to public transportation
);0' Rest rooms
}l> Pier open 24 hours a day, seven days a week
lhe pier is recognized throughout the fishing community as a family oriented facility, that
is professionally managed and very responsive to the needs of customers, citizens and
, visitors. All the needs of the fishing public are met at the pier.
Pay Back
, lhe pay back to the city will be In high citizen and customer satisfaction and the fact that
the facility provides a valuable service to the community. Additional pay back will be to
the new Pier Park, now under construction, that will benefit from the returning customer
and visiting tourist
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"CQ\lMTTl!D TO ~C!u.eNT CUSTOM!R S!RVIC!! .
PIeR so 8USIN!SS Pw.l
PAG! Z1
Useful Purpose and Benefits
The pier provides a useful purpose and ~enefit to the fishing community. This facility
provides a safe and enjoyable location to fish and it can be enjoyed by fiShing public,
non-fishing public and visiting tourists. These combined capabilities provide a great
atmosphere for customers.
FealmesH~
The pier facility is extremely attractive, well maintained, meets all the requirements of the
Americans with Disabilities Act (ADA) and provides a valuable service to the community.
The pier offers a location to spend some relaxing time fishing, slgh1seelng or doing
nothing at all.
Key Benefits dAD Services
The major benefrt of the pier Is that it Is a fishing facility which is an asset to the City of
Clearwater.
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CUstomer Satisfaction Survey
A customer satisfaction survey was completed In FY 93/94 and FY 94/95. In FY 93/94,
the survey showed that 87% of all customers rated the pier as "Excellenf' and in FY
94/95, the sUlveyshowed that 99% of all customers rated the pier as "Excellent/Good".
Customer Satisfaction is Defined as:
Customer Service - the dependability and overall quality of execution of our programs,
maintenance, and customer support functions.
Customer Programs and Service - the ongoing Identification of external customers
needs and the development of new programs and services to meet those needs.
Organizational Effectiveness - the maximum utilization of organizational response and
the reduction of operational obstacfes to efficient and effective customer service
execution.
Employee Quality - the development of quality seNice through training and education of
our employees.
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, other Planned ServIces for the Business Plan Years
We plan to continually develop new methods to Increase revenue and enhance our
. customer service. ' Planned service Include: '
1. IncreasIng fishIng tournaments each year of the plan.
2: Installation of bar code scanning cash register.
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MARKET ANALYSIS
At the present time there are seven (7) fishing piers located within Pinellas County.
Fishing Piers:
City of St Petersburg MunIcipal Pier
St Petersburg, FL 33701
City of Clearwater Municipal Marina Pier
25 Causeway Blvd.
Clearwater, FL 34630
City of Clearwater Big Pier 60
1 Causeway Blvd. '
Clearwater, FL 34630
"
North Skyway FIShing Pier
10501 Sunshine Skyway Bridge
Sl Petersburg, FL
Redington Long Pier
17490 Gulf Blvd.
Redington Shores, FL
Gulf Pier
Fort Desoto Park
St Petersburg, FL
Bay Pier
Fort Desoto Park
St Petersburg, FL
Market DeflnIUon
The key points In defining the market segment for fishing pier operations (5 to provide a
facility that meets the concerns of the fishing Community and visitors. Local fishermen
are looking for a dean, safe and well maintained facUlty. "The fishing facility should be
staffed by trained professionals wtth extensive knowfedge of fishing In the area.
The pier's ability to operate and provide a service to the fishing community Is a positive
asset for the City of Clearwater.
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P1I!.R eo euS1NI!.SS PLAN
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The stability of the fishing pier market segment Is steady and based on past years trends,
which should continue over the next five years. Leading fishing publications agree that
the trend for pier fishing will Increase In fubJre years.
Sbef9hs .
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The strengths of Pier 60 are:
Ideal location on Clearwater Beach.
Nearty new FacUity, which Is fully air conditioned.
Pier open 24 hours per day. seven days a week.
Easy access from major traffic arteries.
Easy access to pUblic transportation.
Access to sparkfing public beaches.
Snack bar.
Pleasant atmosphere with benches & covered pavilions.
Excellent customer service.
Staff displays a strong spirit of cooperation.
Pier meets Americans with Disabilities Act (/iDA)
Attractive fishing and rental rates.
Attractive tackle prices.
Excellent variety of merchandise.
Pier is In excellent condition and well maintained.
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In marketing, our most powerful asset are:
Facility.
Location.
Management
Reasonable Cost
Hours of operation.
Cooperation.
Weaknesses
The weaknesses of Pier 60 are: '
Parking Is limited during certain times of the year. Currently, there are no dedicated
, . .- parking spaces for fishermen using the pier. They must park In the pier 60 lot and pay for
,parking at the fishing pier.
Parking at night for fishermen. The Pier 60 parking lot closes at 1 am. In the past,
, overnight fishermen had to move their cars Into the marina lot at 1 ami 'Nhlch was a
problem. RecenUy, the Marine Deparbnent corrected this difficulty with the assistance of
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PII!R eo l!5USINI!SS PLAN PAGI! 26
the Police Department. Late night fishennen can leave their vehicles in the lot with a
pier 60 parking permit In the window of the vehIcle.
Many pier customers have commented on the parking dTfficulties.
Opportunities
A major opportunity exists with the fishing communtty In making Pier 60 their pier of
choice. The pier has great potential In each of the next five years.
Unexplored Opportunities
Explore the opportunity for Federal and State grants for fishing piers and waterway
environmental Improvements.
CUSTOMERS
4 -
-8
THE EXTERNAL CUSTOMER Is our dally service focus. It Is our object to meet and
exceed all reasonable needs of our external customer and to make possible
expanded/enhanced services through a bigger, more professional and cost effective
operation.
OUR EMPLOYEES AND STAFF are the key to our success. It is our objective to select
the best personnel, provide the best training, communicate our goals and objectives, and
build them Into a cohesive team capable of meeting.the demands of the. facility and new
challenges.
THE CITIZENS OF THE CITY OF CLEARWATER are our owners and the bodywe
answer to ultimately. The City Commission serves as their trustees and as the Board of
Directors. It is our objective to provIde a safe, professionally run municipal pier facility
that our customers can be proud of.
OUR INTERNAL CUSTOMERS are a vital element In the successful execution of our
external customers. other city departments play an important role in assuring our dally
and long term success. It is our objective to effectively communicate our needs, build
healthy relationships, and demand excellence In all our services.
Communication is the link between customer groups. It Is the key to understanding and
a successful execution of our business plan. Only when all customer groups understand
the differing view point and reasonable needs of others can a balance be reached which
meets the objectives of all involved. Quality Is a fundamental commitment of tile pier and
to provide it In all our services to customer groups.
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P1~R 80 !lUstNI!SS PLAN PAQI! 27
A customer satisfaction survey is planned for each year of this business plan. The
objective of the survey Is to Identify the demands of our customers and to respond to
them. On each survey, at least one suggestion will be adopted by the Pier 60 Team.
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customer Ust
Currentfy, there Is no customer list other than the names of fishermen wtth passes. In
, the future, a list of alf customers taklng part In special events and fishing tournaments will
be maintained.
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COMPET111ON
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FISHING PIERS:
There are seven (7) fishing piers located within Pinellas County. At the present time, the
, only o1her fishing piers within a twenty-five mile radius of Pier 60 are the Redington Long
. Pier, a commercfal fishing pier with prices structured similar to Pier 60, and the free
fishing pier at the east end 'of the Clearwater Municipal Marina. Due to the location of the
. pier, our reasonable rates, our Pier 60 Team, our goal of "Excellent Customer Service"
, . ,. and our relationship with the fishing community, the pier has limited competition within
Plnellas County.
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MARKETING STRATEGY
The Pier 60 marketing strategy to enhance, promote and support the fact that this facility
Is unique In the Clearwater and surrounding area and that this facility is professionally
maintained and managed and that it provides a service to the community.
Comprehensive Plan
The overall marketing plan for the pier is based on the following:
:> The facility Will be multi-purpose, serving the diverse needs of the community which
are fishing, sightseeing and photography.
:> The segments of the market we plan to reach are both the fishing public and non-
fishing public.
:> The distribution channels we plan to use to reach the market segment are: local
newspaper advertising, advertising In locally dJstJibuted fishing Information
publications, new releases, word-of-mouth within fle fishing community, local
radloltelevlslon promotional spots and City of Clearwater Channel 15 public service
television.
:> We plan to capture a large segment of the youth market by promoting "Kids Day
Ashlng Toumaments".
:> We plan to capture a large share of 1he market by aggressively promoting excellent
customer service, reasonable fees & rental rates, and an excellent maintain facility.
To prove 1he value of the ple~, we can:
1. Promote the facility as much as possible, within approved budget restraints.
2. Demonstrate Its effectiveness to citizen of Clearwater and the fishing and non-fishing
community.
3. Operate the pier as effectively as possible, within approved budget restraints.
The need for the fishing pier In the local area Is demonstrated by the fact there are no
other facilities within a 25 mile area radius than can provide the same level of fishing
service.
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PIeR so eUSINeSS PLAN
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Positioning
Pier 60 Is seen by the general public and the fishing community as a real asset to the
City of Clearwater. Users of this facility have the perception that the pier Is well managed
and ideally located for many actMties. tts unique advantages can be exploited. In terms
of marketing advantages, the facility can be used to satisfy customers at a high level of
approval.
Reposition the Competition
We can reposition our competition by insuring that our customers receive excellent
customer service, maintain the facility to high standards, continue to train the Pier 60
Team and provide competitive market rates.
Marketing ResponslbIDtJes
Marketing of the pier will be the responsibility of :
Harbonnaster
Asslstant Harbonnaster
Recreation Pier Supervisor
Each pos;Uon will pursue the measures of this Business Plan in marketing the pier.
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PricIng & fa ofitabiflty
The prices for goods and services are determined by surveys on charges by other
facilities. Compared to the competition on goods and servlces, our prices are
reasonable. There are no increased seasonal charges for the pier. lhe charges are the
same year round. Customers will pay the existing charges and recommended Increases
because of the location of the pier and the quality of service andlor goods that are
provided.
Margin Structure
Discounts
Purchases for resale or maintenance/operations for the pier will be paid on time, so that
dIscounts can be taken advantage of.
Yearty pass holders receive a 10% discount on fishing tackle.
Family pass holder receive a 10% discount on fishing tackle.
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PII!R so lSUSINI!SS PLAN
PAQI! 30
Spouses of weekly, monthly and year1y pass holders receive a 50% discount off regular
pass prices.
The Harbormaster will adjust certain fees rates for specIal condttfons, such as group
rates for vlsttors and fishing toumamen1s. The discount authorized by the Harbormaster
can not exceed the approved current rate by 15%.
Current Pier 60 Charges
Walk on Admission Fee
All Customers
$.50
Rod and Reel Rental Fees
A dally fee of $6.50 is charged for each outfrt Which Includes rod, reel, line, sinker, hook
and beads.
Dally Fishing Fees
Adults $5.35
SenIors & Clearwater Reslden1s $4.45
Studen1s with 1.0 $2.50
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Weekly Passes
Adults '
SenIors & Clearwater Reslden1s
Studen1s with 1.0
$20.00
$18.00
$10.00
Monthly Passes
Adults
Seniors & Clearwater ResIdents
Studen1s with 1.0
$40.00
$34.00
$20.00
Year1y Passes
Adults
Seniors & Clearwater Reslden1s
Studen1s with 1.0
$180.00
$144.00
$ 90.00
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FamlJy Passes ,
The first member Is $180, spouse $90, and all children $90 for a total of $360 for
unllmfted fishing for the entire family In a calendar year, plus a 10% discount on any
tackle purchases.
The annual pass allo\\18 unlimited fishing In a calendar year and offers a 10% discount on
all tackle purchases. The monthly pass allows unlimited fishing In a specific month with
no discounts, the weekly pass allows unlimited fishing for 7 days within a 30 day period
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PIl!R eo 8UStNl!SS PLAN PAQI! 31
with no other discounts. The dally pass allows unlimited fishIng during a 24 hour period ~
'Nfth no discounts.
SEWNG TAC11CS
CURRENT SELLING METHODS
Current activities that are used In marketing the pier are direct calling, telephone,
advertising In loeal newspaper, new releases, tide chart handouts, radio information
spots and advertising In 1~lIy distributed fishing pubUcations.
TELEMARKETING
The telephone directory will be used for providing Information on the pier.
The following will also be used:
Video Bulletin Board
Follow..up calls
lriquiry response on service
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DISTRIBUTION
The pier will use several different distributions channels.
lhe determining factors In choosing these channels are:
Customer profiles. '
Location.
Seasonal concerns with the winter visitors.
Efficient use of budgeted funds.
METHOD
The primary means of distribution will be through advertising, tide information cards and
, pier Information pamphlets. llde cards & pamphlets will be placed at .
Marina Office Counter.
Marina Fuel Dock.
Chamber of Commerce Welcome Centers.
Annual City Expos. '
Local Businesses. ,
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Additional infonnation will be distributed through the City's Silver Image Kiosk located in
local malls and other locations within the city. By using several methods, the pier will
have more options with which to respond to special needs from citizens and the fishing
community.
COVERAGE
Target areas are the fishing community, which have the highest Interest In the facUlty and
the services provided. Because our distribution network Is already set up and in use,
customers can enjoy our services now. This 'win In turn Increase the returning customer
and customer satisfaction.
CUSTOMER SERVIICE
The Pier 60 Team appreciates the support of the Police Department, Fire Department,
, U.S. Coast Guard and Plnellas County Sheriff Department Marine Division In responding
to emergency calls. The pier telephone Is staffed 24 hour a day to take messages and
provide Information to customers. Telephone calls that require follow-ups are returned
within 24 hours.
ADVERllSING AND PROMOTlON
The Pier 60 Team recognizes that the key to success requires extensive promotion. This
must be done aggressively and on a wide scale. To accomplish our goals, we require a
exb'emely capable staff for advertising. We plan to advertise in focal newspapers and
fishing trade magazines. Advertising win be accomplished within the approved budget
for the Marine Department Pier 60 Division. Current outlets for advertisement are:
Local Newspapers
llde Tables Press Corporation
Suncoast Fisherman Guide
Advertising and Promotion Objectives
111e advertising and promotion objectives of the pier are:
)> Posttion the pier as the leading fishing pier fadlity in the local area and west coast of
Florida.
)> Increase awareness of pier as well as name recognttion among customers and the
fishing community.
>> Develop significant Information for Immediate and long-tenn marketing plans.
);10 Create product advertising supporting the customer service goal of "Excellent
Customer Service" motto.
"COftNTTeo TO exceW!NT CUSTOMeR seRVIce ·
P1!!R eo DUS1N!!SS PL.A.N
PAC!! 33
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)i;> Coordinate IlterabJre, material, programs, and direct response promotions In order to
Improve our overall promotional campaign.
Media Objectives
Gain awareness of the pier as a facility that is run In a very professional, completely
reliable, and highly responsible manner.
Maximize efficiency In selection and scheduling of publications that cover the pier In
several markets.
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Media Strategy
'Position the pier In quality publications that are consistent with our objectives
Select primary business publication with high specffic market penetration.
Schedule adequate frequency to Impact the market with messages and stories on the
pier.
Selectspecffic media to reach several markets.
Position advertising at welcome centers and community centers.
Special hlgh-interest fishing community publications.
Maximize advertising life with monthly and weekly publications.
MaximIze use of City of CfealWater publIc relation media efforts.
To get the most out of our promotionaVadvertislng budget, our media coverage will be
focus on the fishing cOmmunity. .
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An advertising campaign will be built around how great the Pier 60 facility is, beginning
with our goal of "Excellent Customer Service" and supporting it with advertisements that
reinforce a positive message. Importantly, a consistent reach and frequency will be
sustained throughout all the years of this Business Plan.
Advertfsl~g Campaign
The best way to reach potential customers is to develop and continue an Intense
advertising campaign promoting our basic premise that the pier Is a full service facility,
managed by a professional staff, with a goal to provide excellent customer service.
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To maintain our image, as one of the finest fishing piers within the State of Florida.
Pier 60 advertising will convey the look and feel of relaxed "get away from it all" pier,
which is located on the sparking waters and white sandy beaches of Clearwater Beach.
The customer mlndsei as described In "Marketing Strategies" is to get the best rebJm for
their recreationaVlelsure dollars, while using a great facility.
Ideally, after becoming familiar with the pier the customer will:
· Become a frequent user.
. Become a returning visitor.
Share their positive information about this facility to others in the fishing community and
suggest they take advantage of this great facility.
Because the pier is an Important asset to the City of Clearwater, it Is Important to develop
a promotional campaign that is consistent and easy to understand. Accordingly, we
have created a system of research and response tu Insure the maximum benefit of our
advertising dollars. We will develop an advertising history that measures publication
effectiveness and counts the number of inquiries for a particular ad. Advertisement sizes
will be varied, measured for effective differences and calculated by the number of
responses per Investment in advertising.
Preliminary Media Schedule
Our current advertising budget is $3,000. Due to the seasonal nabJre of our tourist and
the fishing community customers, advertising will be increased during certain times of the
year. It is projected that $3,000 in each year of the Business Plan will accommodate Pier
, 60's advertising needs.
Promotion
In addition to standard advertising practices, we will gain considerable recognition
through public service announcements. Reports and papers will be submitted to trade
journals for publication.
Pier 60 Pamphlet
APPENDIX 2 is the current pamphlet on the pier. This pamphlet portrays the pier as an
attractive facility and Includes:
Rate Infonnation.
Discount Infonnation.
Services Information.
"COMMTTeD TO exceUJ!NT, CUSTOMI!!R seRVIce.
PIeR eo eUSINeSS PLAN
PAG!! 35
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Mission Statement
Investment In Advertising and Promotion
For the past two years of operation, $5,321 was spent on advertising. The advertising
budget for FY 95/96 Is $3,000 and will be maintained at that level to Insure adequate
funding throughout the years of this plan. The planned advertising expenditures are
necessary to meet the specific goals of promotion of the pier.
The cost of advertising Is very reasonable when compared to the projected revenue.
Advertising expenditures are on the low side when compared to the Industry average
because we want to hold down costs as much as possible. The pier can also take
advantage of public service messages and free announcements.
PUBUC RELATIONS
Close public relations will be maintained throughout the years of the Business Plan. This
will position the pier at the leading edge of providing a multipurpose fishing facility for the
community and visitors.
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tourists visiting Rorida. To Insure a good public relations effort, we will:
~ Maintain a sustaining public relations effort:, with ongoing contact between
newspapers and the fishing community.
)ilo Maintain a regular and consistent update program for the major target medias,
keeping employees abreast of all fishing related programs and new innovations In pier
management
)ilo Continue to provide Information to the Parks & Recreation "Communique" that is
distributed throughout the city's community centers.
)i> Continue to work on a regular update program for the citys Sliver Image Kiosk.
Press Releases
We will develop a series of regular press releases on the pier and prepare special press
releases for each new activity introduction, major events, awards and recognition for
performance. etc. A photo of the event will be Included with the press release, when
possible.
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Newspaper staff Visitations
Each year. we will Invite newspaper and local televlslonlradlo reporters to visit the pier for
a story on the facility. During each visit, each of the reporters will receive a complete
facility tour and an opportunity to Interview the Harbormaster, Assistant HartJormaster,
Recreation Facility Supervisor and/or other members of the Pier 60 Team. If possible.
demonstrations or activities will be coordinated with the visit
Relationships
The Pier 60 Team has formed some very Important relationships with the marine and
fiShing community and organizations, such as:
Other City Departments
u. ~. Coast Guard
U. S. National Oceanic and Atmospheric Administration
Local medIa
State of Rorida, Department of Environmental Protection
Florida Marine Patrol .
Plnellas County Sheriff Department Marine Qlvision
Plnellas County Artificial Reef Construction Group
Sunsets at Pier 60
Clearwater Chamber of Commerce
Clearwater Beach Chamber of Commerce
Clearwater Marine Science Center
A strong spirit of cooperation will be continued with these groups and expanded to
Include other groups and organizations.
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PIeR 80 BUSINess PlAN
PAGE! 31
FINANCIAL PROJECTIONS
Projected 5.Year Program Statement Is attached:
The projected 5-year program statement projected revenues and expenditures for each
of the five years of the Pier 60 Operations Program. These projections are based on our
past experience in the operation of the pier. The projections are based on the pier being
operated as a General Fund operation, under the control of the Marine Departmenllt
Includes $20,000 each year for maintenance of the pier. Also, Included is the
percentage of expenditures vs revenues for the pier. Revenues saved each year will be
deposited into the General Fund. Pier revenue is projected to be Increased by 5% In
each year of the plan.
Balance Sheet Is attached:
The balance sheets list the assents and liabilities of the pier. Equipment include bait
tanks, freezers, pumps and building furniture. Depreciation and appreciation on the
, pierlbaithouse and equipment is not included in the balance sheet
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PIER 60 OPERATIONS
BALANCE SHEET
FY 98197 FY97198 FY98199 FY 99/2000 FY 00/01
ASSETS
Cash Fund 500 500 SOO SOO 500
-'. Inventory (Avg) . 13.000 13.000 13,000 13,000 13.000
; Total Current Assets 13,500 13.500 13,500 13,500 13,SQa
. '. , ,
.J, , PROPERTY
Plant & Equipment · 2,145.741 2,145.741 2.145.741 2,145,741 2,145.741
Total Assets 2,159,241 2,159,241 2,159,241 2,159,241 2.159,241
"
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. ~ ". UABIUTlES
. , Current Uabllttles
{) 165.000 165.000 165,000 165,000 165.000
, . , Short tonn debt 0 0 0 0 0
Accounts Payable 0 0 0 0 0
Accrued UabllJtles 0 0 0 0 0
long term debt 0 0 0 0 0
" ' Total UabllltJes 165.000 165,000 165.000 165.000 165,000
_/1
Total Fund Equity 1,994.241 1.994,241 1,994,241 1.994,241 1,994,241
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" , * Depreciation of approximately $55,000 per year Is not Induded In this balance sheet
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PAGE! 41
, CONCLUSIONS AND SUMMARY
The Clearwater Pier 60 will continue to be an asset to the City of Clearwater and the
fishing community. It will be recognized for professional. friendly service and staff
responsiveness to customers. citizens and visitors.
Pier 60 employees will be highly trained. motivated. safety conscience, and
professionally trained to provide Excellent Customer Service and to adhere to the city's
Principles of Operation.
Under the General Fund. the pier should generate sufficient revenue to keep It in the
black.
" The.Pier60 Team will work towards meeting all the objectives and strategies oftha
Business Plan.
Customers of pier are our most important asset, and we will take all steps necessary to
satisfy their needs. We will go the extra mile and then some to meet every reasonable
request and suggestion. '
This business plan should carry the pier through the next five years. Employees will do.
their best to follow all the objectives and strategies of the plan.
"CCWMTTeD TO I!:Xce~NT CUSTOMI!:R SeRVlCI!"
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Appendix #1 Organization Chart
City of Clearwater Pier 60
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Recreation Pier
Supervisor
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Marine Facility
.Operators
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'It Equivalent to fulltime
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Appendix #2 Pier 60 Pamphlet
8
/Jew pier 60
ON CLEARWATER BEACH
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0 1 CAUSEWAY BOULEVARD I
CLEARWATER, FLORIDA 34830, 1
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(813) 462-6466 I
OPEN 24 HOURS - 7 DAYS A WEEK i
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[Closed on Christmas Day) \
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ROD RENTALS [
BAIT & TACKLE
COVERED PAVILION'S
SNACK BAR · RESTROOMS
TELESCOPES
NO FISHING LICENSE REQUIRED
KEEP YOUR CATCH
Daily. weekly. monthly and yearly fishing passes are
available. There is a $,50 walk on admission charge.
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~Our Mission Statement is to provide
0 high quaNtlj marine refutea service with excellent
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satisfaction to citizens ana customers..
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Appendix #2 Pier, 60 Pamphlet
CAlLY FISHING FEES
ADULTS
,SENIORS &'
CLEARWATER RESIDENTS
STUDENTS WITH 1.0.
$ 5.35
$ 4.45
$ 2.50
WEEKLY PASSES r
ADULTS $20.00
SENIORS &
CLEARWATER RESIDENTS $18.00
STUDENTS WITH 1.0. $10.00
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$34.00
$20.00
$180.00
$144.00
$ 90.00
500A, Off regular admission for spouses
Please ask about our Family Fishing Plan
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Clearwater City Commission
Agenda Cover Memorandum
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Item #:
Meeting Date: 9/19/96
SUBJECT: City Lobbyist
RECOMMENDATION/MOTION: Receive presentations from lobbyist firms, establish a ranking and
authorize negotiation of a contract with the top ranked firm
o and that the appropriate officials be authorized to execute same.
SUMMARY:
The City released a RFQ for Lobbyist services on July 5, 1996. The RFQ requested each responder
show their capability to be an effective lobbyist, their familiarity and working relationship with state
agencies, capability to review pending regulations and laws to identify the impacts on Clearwater, ability
to identify opportunities for the City and capability to communicate effectively with the City. The
response waa to also include a plan that defined the approach to be used to assist the City in its lobbying
efforts, the personnel available and a basis for computing fees. Information regarding the company
history and experience, qualifications of key personnel, references and a proposed agreement was also
requested. Five firms responded.
I:
An evaluation team composed of Kathy Rice, Deputy City Manager; Pam Akin, City Attorney; Scott
Shuford, Central Permitting Director; Kathy Faye Chetoka, Customer Service Manager and Cyndie
Goudeau, City Clerk evaluated the responses. The criteria used to evaluate the responses were;
, adequacy of proposal, proposed approach and experience of staff, basis of cost, ability to perform,
compliance with the RFQ, past experience, and references. Four Firms were requested to meet with the
staff team to expound on their response. Based on their written and verbal presentations the staff team
ranked the firms as follows:
1) Smith, Bryan and Myers
2) Pennington, Culpepper, Moore, Wilkinson, Dunbar and Dunlap
3) Holland and Knight.
Reviewed by: Originating Departme~ Commission Action:
Legal NA City Clerk Costs: o Approved
Budget NA - Total o Approved with Conditions
Purchasing NA User Dopartment: o Denied
Risk Mgmt. NA Current FlsclIl Yeer o Continued to:
IS NA Funding Source:
ACM '"1C.J... r.::-'D t ~ o Capital Improvement
Other NA Advertised: C1 OperatIng
Date: o Other: Attachments:
Paper:
Submlttod by: 0 Not Required Appropriation Coda Responses
cl:?:: Affectod Parties
tI Notlfled o None
tI Not ReCJulred
o Printed on recycled paper
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Agenda ftem . Page 2
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, While all three firms made qualified proposals, the evaluation team was impressed with Smith, Bryan and
Myers' proposed plan for assisting Clearwater. Also this firm has the least possibility of finding itself In a
position of having a client with a conflict of interest with Clearwater. If such an occurrence should arise
Smith, Bryan and Myers also had specific plans on how they would deal with that situation.
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Law Offices
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uQUALIFICATIONS SUBMrITAL' To PRoVIDE LOBBYING
SERVICES To THE CITY OF CLEARWATER"
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, August 2, 1~96 '
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Law Offices
HOLlAND & KNIGHf
A Partnership Including Prolesslonal COlporallons
360 Central Avenue. Sulle 1500
P.O. Bo)(3542 (ZIP 33731-3542)
SI. Petersburg, FlorIda 33701
813-896.7171
FAX 813-822- 8048
Atlanta
Fort Lauderdale
Jacksonville
Lakeland
Miami
Orlando
Tallahassee
Tampa
Washlnglro, Q,C.
West Palm Beach
August 1, 1996
VIA HAND DELIVERY
Mr. George McKibben
Purchasing Manager
City of Clearwater
100 S. Myrtle Avenue
Third Floor
. Clearwa~er t FL 34616
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Re: Response to Request for Qualifications for lobbying services
for the City of Clearwater
:;. . Dear Mr. McKibben:
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The law firm of Holland & Knight is pleased to submit this response to your request for
qualifications to offer lobbying services for and on behalf of the City of Clearwater, Florida.
providing legislative representation before state agencies. the state legislature. and where
necessary. before federal agencies and the U.S. Congress. .
If selected by the City to serve as its representativet Holland & Knight stands ready to
perform, in a timely manner, the services requested by the City and set forth in the Request for
Qualifications. We are prepared to commence this work immediately upon selection.
We Jook forward to the opportunity to work with you.
Sincerely yours,
HOLLAND & KNIGHT
~~~
S. Curtis Kiser, Partner
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SUBMflTAL REQUIREMENTS
1) The capability to be an effective lobbyist:
Holland & Knight opened its TaJIahassee office in 1971 in direct response to clients'
growing legal needs relating to the executive and legislative branches of government and opened
its Washington, D.C. office in 1982 to better serve its national and Florida clients. Over the
years, the firm has developed credibility with a .large network of state and federal officials and
staff, allowing for efficient and effective client representation.
The firm conducts an extensive administrative law practice focusing on the representation
of regulated interests before the United States Congress, the Governor and Cabinet of Florida,
state and federal agencies, and local county and municipal government entities. Although
multi-office in scope, the practice is an integral part of the Tallahassee and Washington, D.C.
offices, where all of the lawyers have administrative law experience and most are well versed
in legislative matters.
The firm renders advice and provides representation on a full range of procedural and
substantive issues that arise between clients, agencies and other governmental units, and private
interests. This work encompasses regulatory matters, including rulemaking, permitting,
negotiations, administrative litigation, and compliance and enforcement proceedings.
"
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Tallahassee Representation
As legislative counsel to cities, companies and trade associations, Holland & Knight
provides a variety of services, ranging from simple monitoring and reporting of legislative and
regulatory matters to full-service representation.
".
Client services include providing legislative analysis; preparing, delivering, reviewing,
and analyzing committee testimony; coordinating interest groups; advising and consulting clients
on legislative strategies; assisting in developing legislative issues; lobbying for special-event
funding; maintaining liaison with and assisting legislative delegations; initiating special
legislation; providing advance notice of upcoming relevant issues; engaging in traditional
lobbying activities; and preparing legislation and amendments to filed bills.
,
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Lawyers in the firm's legislative, tax, and bond departments have represented several
local governments and governmental entities on specific provisions, transition rules, and report
language in the Tax Reform Acts of 1984 and 1986. This included provisions on rehabilitation
tax credits, consumer Joan bonds, tax increment financing, and tax-exempt financing of such
projects as sports facilities, housing projects, and solid waste disposal facilities. The firm also
has assisted local governments in the awarding and administration of federal grants, has
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monitored the impact of federal regulations on project financing. and has coordinated and
advised on the interrelationship between federal grant agencies and the Internal Revenue Service.
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On behalf of local'govemment and other clients. Holland & Knight has worked with
federal departments and agencies, including the Department of State, United States Information
Agency, Agency for International Development, Department of the Treasury, Department of
Housing and Urban Development, Environmental Protection Agency, Federal Emergency
Management' Agency~ Urban Mass Transit Administration, Department of Transportation,
Department of Commerce, Health Care Financial Administration, Food & Drug Administration,
,Federal Communications Commission, U.S. Patent and Trademark Office, International Trade
. Commission, Department of Justice, Department of Defense, Interstate Commerce Commission,
U.S. Customs Service, Office of the U.S. Trade Representative, and the Federal Election
Commission.
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2) Familiarity with state agencies and a record of a successful working
relationship with these agencies:
Because of its Cabinet system, Florida is unique among states. The Cabinet consists of
the Governor, the Secretary of State, the Attorney General, the Commissioner of Education, the
Comptroller, the Commissioner of Agriculture, and the Commissioner of Insurance (who is also
the State Treasurer). Each is elected statewide and has his or her own constituency. As a
collective body, the Cabinet heads many significant state agencies, including the Department of
Highway Saf~ty and Motor Vehicles and the Department of General Services. Once legislation
is passed, the issue moves into the implementation phase, at which time involvement of the
Cabinet becomes important. Hol1and & Knight maintains excellent contacts with the Cabinet
members and their staffs.
Holland & Knight regularly appears before the state Department of Revenue, Department
of Environmental Protection, Trustees of the Internal Improvement Trust Fund, Department of
Legal Affairs, Department of Health and Rehabilitative Services, the Agency for Health Care
Administration, Department of Labor and Employment Security, Department of Transportation,
Department of Administration, Department of Management Services, Division of Alcoholic
Beverages and Tobacco, and the Florida Land and Water Adjudicatory Commission.
Washington, D. C. Representation
. Through their collective federal legal experience and political involvement, Holland &
Knight lawyers have developed strong professional relationships with members of the Florida
congressional delegation, as well as with leaders of the House of Representatives and the Senate
majority and minority leaders. They have also worked with congressmen from outside the state
and with members and staffs' of congressional committees, including the Senate Finance
. Committee, House Ways and Means Committee, Senate Commerce Committee, House Energy
and Commerce Committee, Senate Foreign Relations Committee, House Foreign Affairs
Committee, and Senate Environment and Public Works Committee.
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3) The capability to review pending or proposed regulations and law at
the state and federal level to identify the impacts on Clearwater:
Holland & Knight has a long tradition of representing clients before state government,
and the firm's Tallahassee office was opened specifically to serve clients' legislative needs. The
firm has several years of active involvement in major issues facing the state such as, among
others, land use, taxation, air quality, and telecommunications. In the 1994 Florida General
Session the firm was actively involved in the proposed Fast Food Franchise Act.
Holland & Knight clients are sensitive to the growing impact of government on their
business objectives. Companies that initially retained the firm for traditional lobbying now use
Holland & Knight for other legislative work. Clients utilize the full range of the firm's
legislative services. Representative clients include an international computer company, a major
telecommunications provider, a national restaurant company, a national magazine trade
association. and an international vehicle inspection company.
Scope of State Services
The firm regularly provides its clients with numerous legislative legal services, including
pr~paration of legislation and substantive amendments to filed bills; legal analysis of legislation;
monitoring and reporting on status of bills of interest; preparation and delivery of committee
testimo~y; coordination of interest groups; and traditional Ulobbying" activities.
A legislative practice requires thorough knowledge of the legislative process. The firm's
lawyers prepare for legislative issues just as they do for any other legal matter - extensive
research on the facts and the law.
Examples of matters in which the firm has been involved recently are:
Environmental and Land 'Use-Holland & Knight authored the Phosphate Land
, Reclamation Act and represented clients in connection with the enactment of the Growth
Management Act, the State Comprehensive Plan, the Wetlands Act, and the Solid Waste
I '~ Management Act. Additionally, lawyers monitored legislation dealing with storm water
discharges. underground storage tanks, hazardous wastes, employees' right to know, and water
management.
Franchise Law-over the past few years, Holland & Knight lawyers have monitored and
been involved in legislative developments affecting franchising. The firm represents major food
and restaurant companies and wj]) have direct involvement in issues spawned by the proposed
Florida Fast Food Franchise Act of 1994. These issues include attempts to regulate the terms
of franchise contracts including encroachment, transfers, site locations and training, noncompete
covenants, and other important provisions.
4
Health Care-Holland and Knight lawyers are involved in the monitoring and the shaping
of the health care reform efforts of the Florida legislature on behalf of numerous clients. For
example, the firm has represented clients regarding the repeal legislation requiring fee schedules
on designated health care services, and amendatory legislation with respect to prohibitions of the
Patient Self Referral Act, parts of the Health Care and Insurance Reform Act of 1993, the
multiphasic health testing licensure act. statutory provisions relating to certificate of need
criteria, and legislation affecting pharmaceutical manufacturers.
Taxation-Lawyers regularly monitor stale and local tax legislation and meetings of the
house and senate finance and tax committees. The firm has represented clients on ,the repeal of
the worldwide unitary method of determining Florida corporate income tax liability and issues
related to the apportionment formulae; preserving certain sales tax exemptions, e.g., for research
and development costs, machinery and equipment for new and expanded businesses, and
cogeneration of electricity and component parts; ad valorem and intangible taxation of
governmental leaseholds; amendments to the gross receipts tax and municipal utility tax as a
result of the divestiture of AT&T; and general tax administration issues, e.g., filing of petitions,
refund procedures, waiver of penalty and interest charges and filing of consolidated returns.
Telecommunications-With communications technology changing rapidly, Florida's
telecommunications laws are being rewritten. The firm's lawyers have participated in the
process. In addition to tax related issues, the firm has handled regulatory issues such as shared
tenant services, resale certificates and telemarketing.
Other areas of firm involvement are legislation for international banking, electronics
manufacturing, post-secondary and vocational education, government contracting, state building
codes and transportation.
Scope of Federal Services
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The Washington office offers the following individualized services: reporting legislative
or agency developments, including rapid delivery of relevant documents; monitoring legislation
and administrative policies in substantive areas of client activity; analyzing proposed or pending
legislation and administrative policies to keep clients up to date on possible legislative strategies;
drafting statutory or committee report language for inclusion in legislation; preparing background
briefing materials to assist congressional representatives and staff in lobbying efforts; interacting,
with federal agencies and members of Congress to help secure, government resources for
economic development activities and other client interests; evaluating proposed projects for
government funding opportunities that may' be available through federal agencies like the
Department of Housing and Urban Development and the Department of Commerce; and
providing legal counsel and analysis of the statutory and regulatory requirements of federal
programs and advising on the establishment of those programs.
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4) The ability to identify opportunities for the City of Clearwater
'We recognize in our state and federal advocacy practices that it is necessary to be
proactive in the recognition and exploitation of opportunities to advance the interest of our
clients. We will aggressively position Clearwater before policy makers in the Administration and
influential Members of the Senate and House as a City with innovative leadership which is
addressing problems in a manner that can serve as a model for other urban areas.
.1;
We present to the City a talented, multi-disciplinary team of lawyers and research
assistants to pursue the cities best interests. Because many of our lawyers have themselves
served in local, state, and national government. Holland & Knight brings a unique combination
of capabilities to the representation of the interests of the City of Clearwater. Throughout the
firm, Holland & Knight can offer more than 30 distinguished lawyers with numerous years of
experience in discerning opportunities for its municipal clients. In addition to recognizing these
opportunities, our lawyers are skilled in creating the framework in which to make these
opportunities come to fruition.
n;~ J
, Our legal, political, and practical experience in the areas of federal financial assistance,
particularly grants, transportation, housing and environmental practices leads us to believe we
are uniquely suited to be of significant and immediate benefit to the City of Clearwater. We will
increase visibility, build recognition among the key decision-makers and forcefully advocate on
I behalf of the agenda of the City.
Also, Holland & Knight has contracted with WESTLA W. a computerized legal research
network, for access to the system on a flat-fee basis that the firm does not pass on to our clients.
This affords us virtually unlimited access to the WESTLA W basic data bases of particular
interest to the City. In addition, we can provide the service of monitoring the Federal Register
for grant announcements of interest to the City t and giving timely notice of such opportunities.
.c.
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5) The capability to communicate effectively with the City concerning its
needs and interests:
Holland & Knight is prepared to provide bi-weekly reports detailing work performed in
pursuit of the City's work plan, including new funding opportunities and the status of pertinent
legislation and related Administration and agency activity.
The City of Clearwater's contact at Holland & Knight would be former Senator Curt
Kiser. Mr. Kiser is known as an adept and effective communicator and as such, he will be able
to inform the City on issues, opportunities and applicable legislation and will be able to offer
his skills and advise. Mr. Kiser's resident office is in Holland & Knight's St. Petersburg office
and his home is in Palm Harbor which makes him readily accessible to Clearwater. It is also
part of the culture of the firm that "exceptional client service is our number one prioritylt and
every possible effort will be made to keep the client informed and abreast of the efforts and
progress being 'made on their behalf.
Communication with our client;.; is made even more simple as Holland & Knight is a
leader and innovator in computer-based technology, providing clients with state of the art
connectivity and cost-effective computing. The firm's objective has been the creation and
expansion of the virtual office. An office without physical boundaries and limitations. An office
where, for example, the expertise of a government contracts lawyer in Washington or litigator
in Miami is seamlessly available in Tallahassee or S1. Petersburg.
Today the concept is a reality t made possible with a large, thousand node, 30-server-wide
area network spanning 12 offices, with integrated voice and data running on dedicated lines.
This year Holland & Knight wilJ invest in even more powerful systems, including frame relay
for faster poinHo-point connectivity, new Pentium pes, a graphical environment with full video
capabilities, and an on-line image retrieval system. In addition to electronic mail
communication with clients, the firm also has telephone tie lines between all of its offices so the
City would be able to call the 81. Petersburg office and be connected toll-free directly to
Tallahassee should the need arise to contact Mr. Kiser while he is there.
.' '
We offer the foregoing professional services against a backdrop of legal and
governmental experience, a solid and sustained record of accomplishment, and a reputation for
the highest quality of service to our clients.
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Section n: A plan which defines an approach to assist the City of
Clearwater in it lobbying efforts:
We will workjointly with the City to develop a work plan identifying specified objectives
and strategies for their achievement. We will immediately initiate an active campaign of
advocacy for the City's goals working with your State Senators and Representatives, Members
We have the ability and the contacts to access and persuade those in government with
responsibility over issues and areas of your primary interest.
In implementing the work plan, we will call upon officials of the City to actively work
with their lobbyist and participate in the process of education and advocacy in the state and
federal agencies, Florida government and, where appropriate, the Congress.
, ,
,
We will establish, widen and maintain an active liaison between the City and government
decision makers exercising jurisdiction over the issues of interest to the City, in order to identify
developments and targets of opportunity at their earliest stages, and position the City for
effective advocacy.
,
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Specific work might include: arranging meetings with key Administration and agency
personnel to pursue identified City objectives; securing invitations to participate in policy
reviews by state and federal agencies; drafting of legislation, committee report language, and
floor colloquies to advance the objectives of the City, as required.
Regarding the specific project of the Bridge to Clearwater Beach, after the City has
decided on a final design and approach (actual alignment and direction of the bridge). Curt
Kiser can arrange immediate strategic one.on-one meetings between the Pinellas delegation,
himself (as lobbyist), the mayor and one or more council persons to discuss Clearwaterts
proposed project in detail. Through these meetings, we can help the City to establish at least
one Senator and one House Member who will take the lead in pursuing Clearwater's interests.
Once we have established the lead legislators, meetings can be arranged between
Clearwater city officials and the Governorts Secretary of Transportation, Ben Wattst for the
express purpose of establishing the priority of this project clearly in his mind.
I!.
In addition, Holland & Knight will closely analyze the recentJy passed statute regarding
advanced funding of road projects by cities seeking reimbursement. It is our understanding that
this legislation was speci fically :passed for Leon County. Even though this statute offers us
precedent with which to work and is somewhat useful in its present form, we would propose
amending this statute to be specifically beneficial to Clearwater's bridge project.
Typically, flat fees are used for most legislative work. Holland & Knight is prepared
to serve the City on a fixed-retainer basis of $25,000 per year for lobbying fees. Since it is
difficult to arrive at an equitable retainer without knowing precisely the volume of work
involved, we anticipate that certain efforts due to size or unique difficulties may require a
8
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separate fee to' be estimated. Additional labor-intensive lobbying efforts on the Clearwater
. Bridge project are projected to be somewhere between a low of $15,000 and a high of $50,000.
~ Holland & Knight antidpates that the bridge project fees will fall somewhere in the middle range
of this price category. The state has prohibited lobbyists from charging on a contingency fee
basis. '
The firm does not charge for travel of lawyers between Holland & Knight offices so that
we can bring the best available and most appropriate lawyer to service the City's needs without
. addition3.l cost. The firm does not charge separately for secretarial services. Holland & Knight
does bill for costs incurred for faxes, postage, d,?cument reproduction, filing fees or other such
costs which might be incurred specifically on behalf of the City. There are no charges for long
distance calls. between Holland & Knight offices.
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Section m:
1) Company History:
Holland & Knight is a full-service, southeast regional firm with offices in Fort
Lauderdale, Jacksonville, Lakeland, Miami, Orlando, Tallahassee, Tampa, 81. Petersburg,
Washington, D.C.; Atlanta, Georgia, comprising more than 490 lawyers. The firm traces its
origins to two separate firms which came together in 1968 to become Holland & Knight.
Peter O. Knight came to Tampa in 1898 to start a law practice. He also founded the
area's present electric utility and a major bank. Spessard L. Holland opened his law office in
Bartow in 1919. A distinguished political career that followed included service as Florida's
governor during World War II, and culminated with 24 years as a U.S. Senator. The University
of Florida'College of Law today bears his name.
The firm practices in virtually every area of civil law, and continues to represent
businesses the firm has counseled since the founding of those enterprises. The firm values it
long-standing relationships with clients.
The firin's multi-office concept developed in response to the needs of clients requiring
statewide legal representation, and from their preference to retain one firm throughout Florida.
The Washington office, which now has more than 86 lawyers, was established to serve Florida
clients in matters involving the federal government, but its practice includes substantial
representation of clients from state other than Florida.
The legislative attorneys can draw upon the substantive expertise of other lawyers in the
firm's diverse practice, which includes administrative law; admiralty; trade regulation and
antitrust; copyright and trademark; corporate law and securities regulation; creditors' rights;
environmental law; federal, state and local taxation; financial institutions; food and drug
regulation; government contracts; health care; housing; international trade and intemationallaw;
labor law; litigation; media law; oil, gas, and mineral law; municipal bond law; probate and
estate planning; public utilities law; real property law; suretyship; transportation law; and
telecommunications law.
Lawyers skilled in complex issues relevant to the City of Clearwater's diverse needs are
immediately available to assist in the advancement or resolution of any issue.
Past Experience and Applicability of Experience:
Most of the attorneys in the firm's legislative practice have themselves gained their
relevant practice experience through service in government, both in the legislative and executive
branches. Several Holland & Knight lawyers are former local government attorneys and have
extensive e~perience in dealing with issues of local government law, Florida Constitutional law
10
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issues and home rule, and statutory construction, including the drafting of ordinances, preparing
of opinions and handling of litigation. The experience of these lawyers extends back over
twenty years. A number of Holland & Knight lawyers have served in elected state and federal
government positions and have developed a network of contacts and a wealth of experience in
negotiating through the legislative and regulatory maze.
Specific Experience In Alunicipal Representation
The legislative advocacy group includes lawyers with special experience in representing
the interests of municipalities before agencies of the State and Federal Governments and the U.S.
Congress, as well as specialists, in identifying and securing resources from the Federal
Government to support local efforts to improve infrastructure, community housing,
transportation, waste management, education, health services, crime prevention, environmental
preservation, and other programs. HolJand & Knight's legislative advocates are experienced in
making the case on behalf of municipalities, and have a record of delivery on behalf of clients
across a wide spectrum of federal grant programs.
I,
Holland & Knight has provided representation to a number of local government entities
, in Florida including the City of Tampa, the City of Miami, the City of Lakeland, the City of
Tarpon Springs, the City of Gainesville, the City of 51. Petersburg, the City of Sarasotat Polk
County, the Polk County Industrial Development Authority, the Florida Downtown Development
Association and various housing authorities, with regard to legislative and federal agency
matters. In addition, we represent several Florida jurisdictions of Sarasota County, the Southwest
Florida Water Management District, and the City of Orlando with respect to legislative,
regulatory and funding issues at the state and federal levels, respectively. We are currently
drafting legislation, negotiating grant proposals and providing the Florida cities with regular
status reports relevant to their areas of concern.
...
Since 1994, we have represented a combination of governmental entities in West Central
Florida in connection with the effort to develop and secure federal support for the design,
development and construction of a selection of alternative water source projects as part of the
Southwest Florida Water Management District's (SWFWMD) long-range plans for meeting the
demands for water throughout its jurisdictional area. In addition to SWFWMD, our clients have
included Manatee County, the Peace River/Manasota Regional Water Supply Authority, and the
West Coast Regional Water Supply Authority (1994 only). Our efforts resulted in the
appropriation of $29.9 million (federal share of matching funds) in the FY '95 V A~HUD.
Independent Agencies Appropriations Bill (PL 1 03~327, Conferenc~ Report No. 103.715) to
begin work on the projects. Earlier this year, we were successful in obtaining an additional $5.7
million in support of the projects for FY t96 in the V A-HUD Appropriations Bill passed by the
House (H.R. 2099, House Report 104-201).
11
In 1995, Manatee County also tasked us to seek Congressional authorization for a Corps
of Engineers flood control project (Wares Creek in Bradenton and Manatee County). The
proposal has been positively received and we are optimistic that the project will win approval
in the Water Resources Development Act reauthorization bill when finally enacted early next
year.
In 1995, we were retained by Sarasota County to develop federal support in connection
with the implementation of the Sarasota County National Estuary Program management plan.
This proposal has also been positively received and we are very hopeful that a defined program
in support of national estuary plans will be included in any comprehensive Clean Water
legislation enacted by this Congress. In the meantime, we were successful in having language
included in the Senate Report (No. 104-140) accompanying the FY '96 V A-HUD-Independent
Agencies Appropriations Bill passed by the Senate directing a grant to Sarasota County in
support or its estuary program from EP A I S national estuary funds. We anticipate that this
language will be incorporated in the measure as finally approved.
In 1994 and 1995, we represented the Greater Tampa Chamber of Commerce in
connection with the work of the 1995 Base Realignment and Closure Commission. In
coordination with the Tampa Chamber and related citizens groups, we were successful in
securing a redirect for MacDill Air Force Base thus averting closure of the facility. In addition,
MacDill became the receiver of substantial assets from another base and the end result was,
therefore, a major gain in operational terms for MacDiII and economic terms for the entire
Tampa Bay area.
Holland & Knight also currently represents the interests of the cities of Baltimore,
Cincinnati I East Lansing, and Detroit. In reviewing the track record brought to this firm by
Holland & Knight attorney Frances Prioleau, some of her more significant achievements include:
. Developed a demonstration project for the City of Baltimore which
resulted in the City obtaining a total of $10.5 million in federal
funds for bridge reconstruction and road surfacing projects as part
of the lntermodal Surface Transportation Efficiency Act of 1991
("ISTEA ");
. Assisted the City of Bahimore in obtaining appropriations totaling
$80 million in federal funds for certain improvements in its
wastewater plants;
, I
. Alerted Baltimore officials to a Department of Health and Human
Services funding opportunity which resulted in the City's being
selected on a competitive basis to receive approximately $30
million in direct funds since 1991 to support an infant mortality
reduction initiative. She has also worked with the City to ensure
that adequate funding was appropriated each year for the program;
. Worked to assure that Congress reauthorized a special Medicare
demonstration program for which Baltimore and only three other
12
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cities nationwide (including Cincinnati) are eligible, resulting in
more than $100 million in services for the City of Baltimore alone;
. . Assisted the City of Baltimore and the Congressional delegation in
coordinating support for Baltimore's successful Empowerment
Zone application which will result in $100 million to the City over
5 years;
. Providing assistance to the City of Cincinnati on a proposed light
rail transportation project which resulted in the regional MPO
receiving $3.5 million in appropriations from the Federal Transit
Authority over the past three years for project planning; and
. Assisted the City of Charlotte in obtaining $250,000 for expansion
of a small business incubator. '
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. For the past two years, Ms. Priolea~ has also represented a coalition of over 20 local
Chambers of Commerce from cities such as Detroit, Dallas, Atlanta, Syracuse, and Philadelphia
in connection with health reform legislation in the House of Representatives and in the Senate.
Such affiliations and contacts at the municipal level have broadened her insights about local
problems and how to creatively bring the business community and the city together for their
mutual benefit. In one instance, she was able to craft ajoint position between the local chamber
and the city to have a favorable impact on legislation that could have ended 600 jobs in the
community.
Members of our legislative, Tax, and Bond Departments have worked together to
represent several local governments and governmental entities with respect to specific provisions,
transition rules. and report langu'age in the Tax Reform Act of 1984 and the Tax Reform Act
, of J 986 as we)) as the Revenue Bill of 1987 and the 1989 budget reconciliation legislation. This
representation has included provisions concerning transportation projects, consumer loan bonds,
arbitrage, tax increment financing, and tax-exempt financing of various specific projects
including sports facilities, housing projects, and solid-waste disposal facilities.
Previous Representation of Florida Public Sector Clients
General Local Government Operations and Home Rule
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Holland & Knight and' its lawyers have represented various local government agencies
during the past five (5) years on a variety of issues including the Town of Davie, Davie
Community Redevelopment Agency~ Port Everglades Authority, City of Cooper City,
and Bay Colony Special Recreation District.
13
Current municipal representations involve special counsel representations on land use and
annexation matters.
Environmental and Land Use
In addition to the previously mentioned projects, Holland & Knight has represented, or
is currently representing, local government entities with respect to the following matters:
Monroe County,. We have counseled the County on solid wasle issues and negotiating
a solid waste disposal contract with Waste Management.
St. Lucie County. We have represented the County in litigation involving a cost
recovery action under CERCLA.
~harlotte County. . We have provided counseling on Safe Drinking Water Act issues
regarding the Countfs public water supply systems.
HilIsb9rOUeh County. We represented the Board of County Commissioners of
Hillsborough County in obtaining various land use permits associated with approval of
a sludge treatment/composting facility.
Central Florida Ree:ional Transit Authority (L YNXl. Holland & Knight serves as
General Counsel. Holland & Knight was selected by LYNX as the result of a
competitive procurement process in 1993 for a three-year contract. Holland & Knight
provides legal services for all of LYNX' needs, including regulatory matters before the
Federal Transit Administration, the U.S. Department of Labor, and grants and grant
administration, drug and alcohol requirements, Americans With Disabilities Act
compliance, planning requirements, the federal third party procurement process, and all
legal aspects of the operation of an important regional transit authority in Florida.
City of Miami. Florida. Holland & Knight has worked on state legislative and
reapportionment matters for this client. The firm has represented City of Miami for over
seven years. Work is ongoing.
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West Const and Peace River/Monnsot" Reetonal Water Supply Authorities. Work
being performed for these clients concerns lobbying Congress and appropriate federal
agencies to obtain federal assistance in support of the design and construction of various
water reuse projects in \Vest Central Florida. To date, we have ~ucceeded in having
$29.9 million included in the FY '95 V A-BUD-Independent Agencies appropriations bill
for the projects. Work is ongoing.
City of Crestview. Florida. The firm recently represented the City regarding a DEP
notice of violation involving storm water runoff and erosion issues. Work is ongoing.
14
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City of Mirnmnr. Florida. Holland and Knight successfully represented the City before
the Florida Legislature when Blockbuster attempted to create a special district for sports
and entertainment purposes within Miramar's municipal jurisdiction.
Utilities Commission of New Smyrna Bench. We represent the Commission regarding
the following issues: groundwater development / supply for increased demand; major
issues related to possible impact of groundwater withdrawals on surface water flows and
wetlands.
New Smyrna Community Redevelopment Authority. We represent the Authority
regarding the following issues: groundwater contamination from prior activities by
private owners) including underground tanks.
Holland & Knight has represented the City of Hal Harbour (Dode County), the !d1I
of Homestead, and the City of South Miami regarding the following issues: impact of
proposed amphitheater in adjacent municipality on Bal Harbour from a noise and water
'pollution perspective; liability at federal Superfund site; and air quality) energy
consumption, traffic, and economic development in the downtown business core.
City of Orlando. Florida. The firm represents the City of Orlando in its present dispute
with the United States Environmental Protection Agency--Region IV (Atlanta),
concerning multi-million doUar cost disallowances under two construction grant projects
funded through Title II of the Clean Water Act. We have represented the City in this
, regard for about two years.
Following is a representative list of current lobbying clients:
I"
African Business Round Table
The American Insurance Association
American Pyrotechnics Association
Applied Benefits Research
Baltimore, City of
J.R. Brooks & son) Inc.
Centex corporation
Cincinnati City of
community Services Society of New York
Envirotest Technologies
Florida Fruit and Vegetable Association
Florida Tomato EXChange
Guilford Group
Harlem International Trade Center
HEI, Inc.
Homestead Community Bank
International Taxicab & Livery Association
Lakeland, City of
Jamai~a. Government of
Lighter Association
McAndrews and Forbes Holdings. Inc.
",
Manatee County. Florida
National Paint & Coatings Association
National Republican Senatorial Committee
PanAmSat Corporation
Peace River/Manasota Regional Water Supply
Authority
Republic of Senegal. Government of
Republic of Trinidad & Tobago. Government
of
Aevpower limited
Ron Engineering. Inc.
Sarasota County
South Tahoe Public Utilities District
Southwest Florida Water Management District
spaceport Floriaa Authority
Strano Farms
Tampa) Florida, Chamber of Commerce
United Bus OWners of America
VITAS Healthcare Corporation
West Coast Regional Water Supply Authority
Writing Instrument Manufacturers Association
15
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A representative sample of the variety of issues in which firm attorneys have been
involved includes: '
.A1rport and Airway safety and capacity
Expansion Act of 1981 (proViding for
, increased federal funding for airport
expansion projects)
-Anti.crime Legislation
-Anti.Orug Abuse Act of 1998
.Appropriations legislation dealing with
drinking water and wastewater' funding
under the Clean Water Act, corps of
Engineers environmental project ' :
funding under the Water Aesources
, Development Act, and transportation
fun~ing consistent with the
Intermodal' Surface Transportation
, ,Efficiency Act of 1991 amongst others
.Clear Air Act amendments
-comprehensive Environmental Resfonse, '
, Compensation and Liab lity Act
, . , (.CEACLA" or "Superfunc.)
.Empowerment Zone Legislation
.Health Care Reform Legislation (including
',. Medicaid)
-Immigration Reform Act
-International satellite telecommunications
-Omnibus Budget Reconciliation Acts 01
1989-1995.0mnibus Trade and,
o Competitiveness Act of 19SB, 1990,
1993
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-Resource Conservation and Recovery Act
amendments
-Safe Orinking Water Act
.-School lunch and child nutrition programs
-Tax Reform Act of 1986
-Telecommunications Reform legislation
-Trade legislation '
-Voter Registration LegiSlation (the "Motor
Vote. law)
-Welfare Legislation.
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2) Qualifications of key personnel who will lobby on the City's behalf:
A core group of attorneys, whose expertise and experience are most relevant to the City's
needs, would be assembled to work on the contract. The representation would be managed by
Curt Kiser. Mr. Kiser would maintain communications with the City's contact person or
persons and would direct and coordinate the work by lawyers with the firm.
Following is a representative .listing of the attorneys whose experience closely matches
the services and priorities the City may require:
Florida
s. Curlis Kiser practices in the governmental, environmental and administrative law
areas. Formerly a Senator for District 19 in Florida, Mr. Kiser represented Clearwater for 20
years in the Florida Legislature. He served three times as Chairman of the legislative delegation
and was the General Counsel to the Clearwater Housing Authority for 12 years. Mr. Kiser was
the sponsor of the following legislation significant to Clearwater and Pinellas County;
,c.,
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Downtown Clearwater Development Projects
Clearwater Housing Authority Projects
Pinellas Trail
Funding of Highway 10 Overpass (Countryside)
Highway 580 Improvements
Prime Sponsor in 1988 and 1991 of the St. Petersburg Dome Project
Sponsor in 1994 of the last major overhaul of Florida's Growth Management
Legislation
"',
Mr. Kiser served in the Florida House of Representatives from 1972~82 and was the
Republican minority leader from 1978-82. from 1984-94 he served as a member of the Florida
Senate. In 1970, he was assistant General Counsel for Governor Claude Kirk. He has often
been voted "most Effective Legislator" during his tenure in the House and Senate and he
received the top ranking in the Senate for 1994 from The Miami Hera/d.
I I"
In July 1994, Mr. Kiser resigned his Senate seat two years early to join Tom Gallagher's
gubernatorial ticket as Lieutenant Governor. In October 1994, Mr. Kiser was named Chairman
of the Commission on Long-Term Care created by the 1994 Legislative Session for a two-year
study of el(amining Florida's nursing homes, ACLF's, and other services for the elderly. In
September 1994, Mr. Kiser was named Chairman of the 1995 Sesquicentennial Commission
celebrating Florida's 150 years of statehood. Most recently, he was named by Comptroller
Robert Milligan as a Commissioner of the Task Force on Banking Decoupling to study how to
remove bank regulation from the state comptroJJer's office. Mr. Kiser has served on numerous
committees in the House and Senate and has been active in other areas of public service
17
commission as well. Mr. Kiser recently resigned as a member of the Public Service
Commission nominating committee and is a noted champion of environmental concerns. The
development of the Preservation 2000 Program earned him the Florida Conservation Award on
five occasions. In 1995, Mr. Kiser was the awarded the Legislative Excellence Award by the
Florida Audubon Society for his work on improving the Everglades legislation and continued
support of the Preservation 2000 Program. He was also awarded the 1993 Florida Wildlife
A ward.
Mr. Kiser was ,one of the authors of the Administrative Procedures Act and has lectured
at numerous Bar seminars.
Mr. Kiser is a member of The Florida Bar and the American and Clearwater Bar
Associations. In his community, Mr. Kiser is a member of the Palm Harbor Chamber of
Commerce. He also a member of The Board of 1000 Friends of Florida.
Mr. Kiser earned his B.A. in 1967 from the University of Iowa and his J.D. in 1970
from Florida State University, where he was a member of the Phi Delta Phi legal fraternity.
Manila W. Barnett heads the firm's Public Law Department and is a member of its
Directors' Committee. The primary areas of Ms. Barnett's practice are administrative and
governmental law , with concentration in state and local taxes, telecommunications law, election
law and campaign financing and government contracts. She has substantial experience in
administrative law~' including the areas of adjudicatory hearings and rulemaking. Ms. Barnett
regularly represents clients before the Florida Legislature and the state's various executive
agencies. Ms. Barnett played a significant role in the passage of the recent Florida legislation
awarding compensation to the relatives of the survivors of the 1923 Rosewood massacre. Her
longtime affiliation with the Florida legislature has earned her many respected colleagues and
allowed her to develop relationships with key contacts in both the House and Senate.
Ms. Barnett serves numerous professional and civic organizations and is the first female
Chair of the American Bar Association I s House of Delegates.
~
Mirla (Mikki) Canton practices in the area of business, administrative and governmental
law, with particular emphasis on governmental relations, legislative affairs and regulatory
matters, both at the municipal and state level. This practice includes the representation of the
City of Miami and the City of Coral Gables in the Florida Legislature. She represents corporate
clients before city I county, and state commissions and agencies.
Ms. Canton is a member of the Public Health Trust of Dade County which has
supervisory control of operations, maintenance and financial management of Jackson Memorial
Hospital. She was a gubernatorial appointee to the nine~member statewide Florida Commission
on Ethics. initially appointed by Governor Bob Martinez in 1990 and reappointed by Governor
Lawton Chiles in 1991, and to a second term in 1992. Ms. Canton recently ended her second
term as VicewChairman of the Commission on Ethics.
18
David E. Cardwell is experienced in local government and administrative law. His
primary area of practice is in development of real estate projects, including planning and
financing. He has worked on numerous commercial, retail, government, and office projects
throughout the state. He has participated in the preparation of redevelopment plans and the
regulations and procedures for implementing those plans. He is also involved in the
development of sports facilities such as stadiums and arenas. He heads the firm's transportation
practice group and represents public transit agencies.
Mr. Cardwell has served on various local boards and commISSIons concerned with
development as well as providing legal services. He served as a member of a study commission
appointed by the Governor and Cabinet to review state land purchasing policies and procedures.
Mr. Cardwell has spoken at several seminars, conferences, and institutes throughout this state,
the country, and overseas on development regulation, development agreements, zoning, local
administrative procedure, land use policies and their implementation, and redevelopment. He
was the faculty chairman for a seminar on development agreements offered by the Urban Land
Institute in Tampa and in California. He has also drafted several local ordinances, policies,
regulations, and other instruments pertaining to development, including sign regulation, historic
preservation, redevelopment, and the financing of public improvements.
Prior to joining Holland & Knight, Mr. Cardwell served as City Attorney for Lakeland,
Florida, where he was responsible for drafting land development codes and ordinances, including
implementation of the city's Comprehensive Plan and Redevelopment Plan. He also represented
the city's Utilities Department in environmental, regulatory, and financing matters. Before
becoming City Attorney, Mr. Cardwell was a staff director of the Florida House of
Representatives and a division director and legal counsel to the Department of State. Prior to
joining state government, he was a litigation attorney with a law firm in Orlando.
lAwrence N. Curtin has practiced environmental and administrative law for many years.
He has represented and counseled clients on a variety of matters in the environmental area.
Since beginning his environmental practicet he has been involved in the implementation of a
number of important regulatory statutes. including the Clean Air Act Amendments of 1977 and
J 990, the Resource Conservation and Recovery Act, the Comprehensive Environmental
Response, Compensation and Liability Act, and the Clean Water Act, as well as the development
and implementation of Florida's environmental and growth management laws. His practice
involves participation in legislative activities, the formulation of rules and regulatory policies,
and administrative and civil litigation involving permitting, enforcement, and hazardous waste
matters.
Mr. Curtin has extensive experience in the permitting of major industrial facilities in
Florida. For example, he was the lead counsel for an electric utility seeking the licensing to
construct and operate a 660 megawatt combined cycle power generating station with more than
300 miles of transmission lines. He currently serves as lead counsel in the licensing of a coal
gasification and combined cycle generating facility that will demonstrate new coal gasification
technology under the Clean Coal Technology Program operated by the Department of Energy.
19
,'.
Mr. Curtin was also the lead counsel for the Environmental Impact Statement and subsequent
permitting of more than ten thousand acres of wetlands by the United States Army Corps of
Engineers. This is believed to be the largest dredge and fiU permit ever issued by the Corps in
the United States.
Mr. Curtin regularly represents clients before a variety of state and federal agencies in
rulemaking. Mr. Curtin serves as legislative counsel to a trade association and individual clients
and regularly appears before committees of the Florida Legislature on matters of importance to
the business community. He has been active in the Legislature since 1984.
Susan F. Delegal practices in the firm's real estate, environmental, and land use
department representing clients before agencies of local and state government, administrative
agencies, and the federal and state courts. Since joining the firm in March 1989, Ms. Delegal' s
practice has focused on land use approval and permitting, ad valorem tax work, and litigation
involving governmental entities.
After graduation from law school, Ms. Delegal joined the legal staff of Broward County,
Florida. She served with the County for fifteen years, the last four and one-half years of which
as General Counsel. Prior to that time, she served as Assistant and Deputy General Counsel.
",
In her capacity as General Counsel, Ms. Delegal was responsible for representing the
Board of County Commissioners, County Administrator and all other Departments, Divisions
, and Boards of County government in the legal matters affecting the County. She represented
the County in both State and Federal Court at the trial and appellate levels. Her annual budget
was in excess of $2.5 million, and Ms. Delegal supervised a staff of 50, including 26 lawyers.
During her tenure as General Counsel, she assisted in the developmentJ implementation and
defense of County policies and was integrally involved in the financing and development of
major capital improvement programs for Broward County, including the $259 million airport
expansion project, the $521 million resource recovery project, the convention center project and
numerous other public improvement programs. Additionally, she actively participated in the
development and drafting of a revised comprehensive plan for Broward County, including a
countywide future land use plan element.
Dante B. Fascell is a senior partner in the Miami office, whose expertise as a former
Member of Congress is widely sought in the firm's Washington legislative and international law
practice. Mr. Fascell brings to Holland & Knight 38 years experience as a distjnguished
legislator and statesman.
W. Reeder Glass has consulted extensively with both the public and private sectors
concerning mass transit and the ancillary development of real estate to support the development
thereof. For over 25 years, Mr. Glass has engaged in an extensive governmental, corporate and
real estate practice.
20
....,...
Joel Gustafson is a former member of the Florida House of Representative and the
Florida Law Revision Commiuee. Mr. Gustafson's practice includes administrativet
governmental, and land use law with an emphasis on governmental relations, legislative affairst
and regulatory matters at state and local levels. Appointed by three governors to the Florida
Commission on Ethics, he served that organization as chairman three different times.
Gerald L. Knight is former Assistant Attorney General of Florida, Assistant General
Counsel of Broward CountYt and Assistant City Attorney of Fort Lauderdale. Mr. Knight
practices real estate and land use law, eminent domaint and administrative law at state and local
levels. He also serves as special counsel to local government agencies.
D. Bruce May practices in the public utility law area. He is actively involved before the
Florida Public Service Commission in electric and gas regulation, independent power production,
,municipal utility regulationt telecommunications regulation, and water and wastewater regulation.
He is active in legislative matters involving public utility and environmental law issues.
LAwrence E. Sellers, Jr. represents clients in solid waste and other environmental
matters. He regularly provides advice on permitting and enforcement matters involving a variety
of federal, state, regional and local administrative agencies. For more than ten years, he has
represented clients before the Florida Legislature, primarily on various environmental issues.
Since 1988, he has represented clients in connection with the development and amendment of
Florida's comprehensive Solid Waste Management Act. He continues to represent clients with
respect to the development of the many administrative rules implementing this legislation.
Lawrence P. Stevenson has represented clients before state administrative agencies and
the Florida legislature since 1987. His practice emphasizes computer and telecommunications
law, government procurement and contract disputest and constitutional issues regarding the
proper form of legislation. He advises clients and firm lawyers on elections and ethics
Iegislationt drawing on his extensive experience in these areas.
Steven J. Ulzlfelder is the executive partner for the firm's Tallahassee office, practicing
in the administrative and governmental law area. Mr. Uhlfelder served as General Counsel for
the Florida Department of Community Affairs, Executive Director of the Florida Constitution
Revision Commission, and Special Counsel to the Governor.
#"
The primary areas of Mr. Uhlfelder's practice are administrative and governmentallawt
with substantive concentration in state and local taxes, banking and insurance, land use,
telecommunications law, election law and government contracting. He has had substantial
experience in administrative law, including the areas of adjudicatory hearings and rulemaking.
Mr. Uhlfelder also has extensive experience before the Governor and Cabinet.
Allison E. Tant is a governmental consultant for Holland & Knight, where she represents
clients before legislators. legislative committees, 'and staff. She has been involved in legislative
activities since 1984. In addition to representing clients before the Legislature, Ms. Tant lobbies
21
client positions on issues, amends legislation to address client concerns, works to see passage
or defeat of legislation, represents client interests before state agencies and state agency staff,
and monitors state agency rulemaking activities.
Washington, D. C.
William B. Canfield, 111 is a member of the Federal Legislative team and represents
corporate and municipal clients before committees of Congress and various federal agencies.
He has extensive contacts on Capitol Hill, especially in the United States,Senate, which result
from nearly twenty years of work in the Congress. His close relationships with numerous
Republican Senators result from his prior service as General Counsel to the National Republican
Senatorial Committee and as counsel and staff director in the Office of the Secretary of the
Senate Republican Conference.
Stephanie Childs practices with the Federal Legislative group and provides
legal/legislative services. Her practice emphasizes monitoring federal legislation.
George A. Dalley leads the Federal Legislative team in Washington, D.C. and represents
the interests of foreign governments, domestic commercial and non-profit businesses and
organizations, and community-based social service agencies before the Legislative and Executive
Branches of the federal government and practices administrative law before various federal
agencies.
Steven A. Diaz practices in the area of transportation and infrastructure, focusing on
regulatory and administrative Jaw and legislative practice. Mr. Diaz is currently Chair of the
Transit and Intermodal Transportation Law Committee of the Transportation Research Board of
the National Academy of Sciences.
, ,
Richard M. Gold works in the Real Estate, Environmental and Land Use Law
Department. As a former Special Assistant to EPA Administrator Carol Browner, he has
extensive experience at the federal level in environmental matters, incJuding Superfund,
hazardous waste management, trade and environment, pollution prevention, and enforcement
policy matters. He has significant experience in both the legislative and regulatory arenas.
.r
Stephen J. Powell is a partner in the Federal Legislative group, and provides
legal/legislative analysis and lobbying services in the areas of transportation,
telecommunications, base closure matters, and appropriations. Mr. Powell also lobbies the
Congress, the Administration, and the various federal agencies in response to select needs of the
firm's clients as the need for such services arises periodically.
Florence W. Prio~eau spent 14 1/2 years in the Washington office of Patton, Boggs
practicing in their public policy and commercial law groups before joining Holland & Knight.
She has been representing municipal governments for the past several years, including the cities
22
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of Baltimore, Cincinnati, and Charlotte. In that role, Ms. Prioleau has advised municipal clients
on welfare and job training legislation, economic,development, anti-crime, transportation, health
caret and housing matters, among other areas.
Raben L. Rhodes, Jr. has extensive experience at the federal, state, and local level in
pollution control matters involving hazardous waste management, ground water quality
protection, surface water pollution issues, mining and construction activities in waters and
wetlands, industrial facility development and radiation issues. Mr. Rhodes has recently been
appointed by EP A Administrator Carol Browner to the Chairmanship of the National Advisory
Committee on Environmental Policy and Technology.
. Christopher L. Rissetto is a partner in t.he Washington, D.C. office. Mr. Rissetto's
practice concentrates on the areas of grant and environmental law, government contracting,
infrastructure development and appropriations legislation. His practice emphasizes the Clean
Water Act, government contracts and other environmental law , such as Superfund and the Safe
. Drinking Water Act. and other public works legislation. Additionally, he counsels clients on
transportation issues including the Intermodal Surface Transportation Efficiency Act of 1992.
Mr. Rissetto's practice involves representation of large and small municipal clients.
Janet R. Studley, a member of the firm's Federal Legislative practice group, provides
legal/legislative analysis and generally counsels clients on public policy issues related to health
care, environmental law, international telecommunications, trade, federal taxation, and
appropriations.
23
: .'~I' ',' ,... . r. ""~.f "4of_~r
, 4. Thomas L. Lothrop, P.E:
, Director of Environmental Services
City of Orlando
5100 L.B. McLeod Road
, Orlando, Florida 32811
(407) 246.2213
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former clients to whom similar services were provided:
1. . Cesar Odio
City Manager
City of Miami
3500 Pan American Drive
Miami, FL 33133
(305) 250.5402 '
2" 'Jack Eads
City Manager'
City of Coral Gables
907 Coral Way
, Coral Gables, FL 33134
(305) 460-5202
3. H. Ray Allen
Assistant County Attorney
Sarasota County ,
1549 Ringling Boulevard
Sarasota. Florida 34236
(813) 361.6660
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'Deborah Vincent
Executive Director
Clearwater Housing Authority
210 Ewing Avenue
Clearwater, FL 34617
, (813) 461.5777'
24
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'PROPOSED AGRE~NT
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HOLlAND & KNIGHT
" Partnership Including ProleSSlonal COlporatlOl1S
360 Central Avenue, 5ulle 1500
P.O. Box 3542 (ZIP 33731-3542)
51. Petersburg, Florida 33701
813-896+7171
FAX 813.822.8048
Atlanta
Fort Lauderdale
Jacksonville
lakeland
MiamI
Orlando
Tallahassee
Tampa
Washington, D.C,
West Palm Beach
July 31, 1996
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George McKibben
purchasing Manager
'city of Clearwater
100 S. Myrtle Avenue
Third Floor
Clearwater, FL 34616
,Re: Engagement as Counsel; lobbying services to
the city of Clearwater
Dear, Mr. McKibben:
, .
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We are grateful that you have retained Holland & Knight to
represent you in lObbying matters concerning, the City of
Clearwater. We look forward to a long and mutually satisfactory
relationship.
The purpose of this letter is to confirm our engagement as
counsel and to provide you certain information concerning our fees,
billing and collection policies, and other terms that will govern
our relationship. Although we do not wish to be overly formal in
9ur relationship with the city, we have found it a helpful practice
to confirm with our clients the nature and terms of our
representation. Our engagement will begin upon our receipt of this
engagement letter and will be terminable at will by either of us,
subject to payment of all fees for services performed and costs,
advanced through the date of termination.
Attached to this letter is a summary of our firm's standard
terms of engagement. Please review these and let me know if you
have any, questions concerning our policies. The annual fee for
lobbying services for the city will be $25,000.00 which will be
billed in equal monthly installments. In addition, some unusual
or labor-intensive assignments, such as,the lobbying services for
the Clearwater Bridge project, will require additional fees. We
estimate the fee for the bridge project to be somewhere in the
range of $10,000-$50,000.
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George'Mc1<ibben
July 31, 1996
Page 2
If the terms described in the attached summary are
satisfactory to you, please so indicate by signing the enclosed
copy of this letter, and returning the signed copy.
We are grateful for the opportunity to work with the city of.
Clearwater in connection with your lobbying needs, and we look
forward to getting matters underway to the city's benefit.
sincerely,
HOLLAND. & KNIGHT
Approved this
August, 1996.
city of Clearwater
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GEORGE MCKIBBEN
purchasing Ma~ager
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TERMS OF ENGAGEMENT
We appreciate your decision to retain Holland & Knight as
your legal counsel. Our engagement is limited to the matter
identified in the letter to which these Terms of Engagement are
attached.' The following summarizes our billing practices and
certain other terms that will apply to our engagement.
We bill monthly throughout the engagement for a
particular matter, and our monthly statements are due when
rendered. In instances in which we represent more than one person
with respect to a matter, each person that we represent is jointly
and severally liable for our fees with respect to the
representation. Our statements contain a concise summary of each
matter for which legal services were rendered and a fee was
charged.
When establishing fees for services that we render, we
are guided primarily by the time and labor required, although we
also consider other appropriate factors, such as the novelty and
difficulty of the legal issues involved; the legal skill required
to perform the particular assignment; time-saving use of resources
(including research, analysis, data and documentation) that we have
previously developed and stored electronically or otherwise in
quickly retrievable form; the fee customarily charged by comparable
firms for similar legal services; the amount of money involved or
at risk and the results obtained; and the time constraints imposed
by either the client or the circumstances. The firm generally
requires a retainer in an amount which is appropriate with respect
to the proposed representation. Unless otherwise agreed, the
retainer will be applied to the last statement rendered in
connection with the representation, with any unused portion being
returned to the client.
I'
We invite our clients to discuss freely with us any
questions that they have concerning a fee charged for any matter.
We want our clients to be satisfied with both the quality of our
services and the reasonableness of the fees that we charge for
those services. We will attempt to provide as much billing
information as the client requires and in such customary form that
it desires, and are willing to discuss with our clients 'any of the
various billing formats we have available that best suits their
needs.
In determining a reasonable fee for the time and labor
required for a particular matter, we consider the ability,
experience, and reputation of the lawyer or lawyers in our firm who
perform the services. To facilitate this determination, we
internally assign to each lawyer an hourly rate based on these
factors. When selecting lawyers to perform services for a client
we generally seek to assign lawyers having the lowest hourly rates
consistent with the skills, time demands, and other factors
influencing the professional responsibility required for each
matter. Of course, our internal allocation of values for lawyer
time changes periodically to account for increases in our cost of
delivering legal service, other economic factors, and the
augmentation of a particular lawyer's ability, experience, and
reputation. Any such changes in hourly rates are applied
prospectively as well as to unbilled time previously expended. We
record and bill our time in one-tenth hour (six minute) increments,
provided that the minimum time that is normally billed for the
total of an individual lawyer's activities on a matter in a single
day is three-tenths of an hour.
In addition to legal fees, our statements may include
out-of-pocket expenses that we have advanced on behalf of the
client and our internal charges (which may exceed direct costs and
allocated overhead expenses) for certain support activities.
Alternately, the firm may charge for such internal charges as a
percentage of the fees charged. Advanced costs generally will
include such items as travel expenses, postage, filing, recording,
certification, and registration fees charged by governmental
bodies. Our internal charges typically include such items as long
distance telephone tolls, facsimile transmissions, overnight
courier services, charges for terminal time for computer research
and complex document production, and charges for photocopying
materials sent to the client or third parties or required for our
use. We may request an advance cost deposit (in addition to the
advance fee deposit) when we expect that we will be required to
incur substantial costs on behalf of the client.
During the course of our representation, it may be ap-
propriate or necessary to hire third parties to provide services on
your behalf. These services may include such things as consulting
or testifying experts, investigators, providers of computerized
litigation support, and court reporters. Because of the legal
"work product" protection afforded to services that an attorney
requests from third parties, in certain situations our firm may
assume responsibility for retaining the appropriate service
providers. Even if we do so, however, you will be responsible for
paying all fees and expenses directly to the service providers or
reimbursing us for these costs.
The firm attempts to achieve certain efficiencies and
savings for the client. When dealing with independent contractors,
such as investigators, the firm may be able to obtain a reduced
charge by the contractor in exchange for Holland & Knight providing
certain functions such as billing, collection, administrative
duties, providing equipment, space, facilities and clerical help as
well as coordinating functions. For these administrative and
coordination services the firm may charge an administrative fee.
However, the overall savings should result in lower charges to the
client than the independent contractor would charge absent Holland
& Knight assuming these functions.
2
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If our monthly statements are not paid within 90 days
after they are rendered, we reserve the right to discontinue
services until our account is brought current. Additionally, if
our statement has not been paid within 30 days from the date of the
statement, we impose an interest charge of 1.25 percent per month
(a 15 percent annual percentage rate) from the 30th day after the
date of the statement until it is paid in full. Interest charges
apply to specific monthly statements on an individual statement
basis. Any payments made on past due statements are applied first
to the oldest outstanding statement. We are entitled to attorneys'
fees and costs if collection activities are necessary.
We will provide services of a strictly legal nature of
the kind generally described in the engagement letter that accom-
panies this attachment. You will provide us with such factual
information and materials as we require to perform the services
identified in the engagement letter, and will make such business or
technical decisions and determinations as are appropriate. It is
understood that you are not relying on us for business, investment,
or accounting decisions, or to investigate the character or credit
of persons with whom you may be dealing, unless otherwise specified
in the letter. We will keep you advised of developments as
necessary to perform our services and will consult with you as
necessary to ensure the timely, effective, and efficient completion
of our work.
Regarding the ethics of our profession that will govern
our representation, several points deserve emphasis. As a matter
of professional responsibility, we are required to preserve the
confidences and secrets of our clients. This professional
obligation and the legal privilege for attorney-client communica-
tions exist to encourage candid and complete communication between
a client and his lawyer. We can perform truly beneficial services
for a client only if we are aware of all information that might be
relevant to our representation. Consequently, we trust that our
attorney-client relationship with you will be based on mutual
confidence and unrestrained communication that will facilitate our
proper representation of you. Additionally, you should be aware
that, in instances in which we represent a corporation or similar
legal entity, our client relationship is with the entity and not
with its individual executives, shareholders, directors, partners,
or persons in similar positions. In those cases, our professional
responsibilities are owed to the entity. Of course, we can also
represent individual executives, shareholders, partners, and other
persons related to the entity in matters that do not conflict with
the interests of the entity.
Because we are a large, full-service law firm with
offices located throughout Florida as well as in Atlanta and
,Washington, D.C., lawyers in one office or practice area may be
(and often are) asked to represent a client with respect to
interests that are adverse to those of another client who is repre-
3
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sented by the firm in connection with another matter. Just as you
would not wish to be foreclosed in an appropriate situation from
retaining a law firm that competes with Holland & Knight, our firm
wishes to be able to consider the representation of multiple
competitors in your industry or other clients who may have
interests that are potentially adverse to yours but with respect to
matters that are unrelated in any way to our representation of you.
The ethics governing the legal profession permit law firms to
accept such multiple representations assuming certain criteria are
met as discussed below.
During the term of this engagement, we agree that we will
not accept representation of another client to pursue interests
that are directly adverse to your interests unless and until we
have made full disclosure to you of all the relevant facts,
circumstances and implications of our undertaking the two
representations and you have consented to our representation of the
other client. You agree, however, that you will be reasonable in
evaluating such circumstances and that you will give your consent
if we can confirm to you in good faith that the following criteria
are met: (i) there is no substantial relationship between any
matter in which we are representing or have represented you and the
matter for the other client; (ii) our representation of the other
client will not implicate any confidential information we have
received from you; (iii) our effective representation of you and
the discharge of our professional responsibilities to you will not
be prejudiced by our representation of the other client; and (iv)
the other client has also consented in writing based on our full
disclosure of the relevant facts, circumstances and implications of
our undertaking the two representations.
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By making this agreement, we are establishing the
criteria that will govern the exercise of your right under
applicable ethical rules to withhold consent to our representation
of another client whose interests are adverse to yours. You will
retain the right, of course, to contest in good faith our
representation that the criteria have been met, in which event we
would have the burden of supporting our representations to you.
Upon completion of the matter to which this representa-
tion applies, or upon earlier termination of our relationship, the'
attorney-client relationship will end unless you and we have
expressly agreed to a continuation with respect to other matters.
We hope, of course, that such a continuation will be the case. The
representation is terminable at will by either party subject to
ethical restraints and the payment of all fees and costs. In the
unusual event that a court of competent jurisdiction refuses to
permit Holland & Knight to withdraw upon termination, the client
remains responsible for fees and costs.
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Your agreement to this engagement constitutes your
acceptance of the foregoing terms and conditions. If any of them
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any differences and proceed with a clear, complete,' and consistent
understanding of our relationship.
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SUMMARY
In' summary ~ we believe that Holland & Knight is well equipped to perform the varied
. services required by the City of Clearwater. Our attorneys have represented many public entities
and are involved day-to-day in dealing with state and federal agencies, the state legislature, the
Congress and the White House. We believe that through our 51. Petersburg, Tallahassee and
. Washington, D.C. offices, we are strategically placed to ensure that they City is well represented
on the state and federal levels.
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S. Curtis Kiser, Partner
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, QUALIFICA~ONS SUB:MITI'AL TO PROVIDE
LOBBYING ,SERVICES TO THE
CITY OF CLEARWATER
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" PROPOSAL FROM PENNINGTON, CULPEPPER, MOORE,
, WILKINSON, DUNBAR & DUNLAP, P.A.
,Post Office Box ]0095 (32302)
215 South Monroe Street, 2nd Floor
Tallahassee, Florida 32301
(904) 222-3533
(904) 222-2126 (facsimile)
e-mail address~.phlaw@supernet.net
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INTRODUCfION
The law firm of Pennington, Culpepper, Moore, Wilkinson, Dunbar & Dunlap, P.A.,
(the lIFirmt1) is pleased to respond to the City of Clearwater's Request for Qualifications fOT
Legislative Consultant Services. .
The Firm's response includes an overview of the Firm's qualifications,
accomplishments and related work, the Firm's approach faT providing the scope of services
outlined in the RFQ, biographical information on key personnel, a proposed agreement and
all required information.
The Finn's approach to providing legislative consulting services is designed to provide
open, continuous and timely communications to insure that the City of Clearwater is
apprised of all legislative and agency developme.nts which would have a direct impact on the
City and on its citizens' or which would be of related interest.
. . .
. The Firm has a thorough understanding of the legislative, regulatory and
administrative process. With vast experience in legal and governmental representation, the
Firm has the knowledge and experience to provide the City of Clearwater with effective
.legislative representation. The Firm's network of contacts within the Legislature and
departments and agencies of the state also can provide critical, time-sensitive governmental
information which will assist the City in making informed decisions relating to the legislative
and 'regulatory proces~.
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COMPANY HISTORY. PAST EXPERIENCE
AND APPLICABILITY OF EXPERIENCE
Pennington, Culpepper, Moore, Wilkinson, Dunbar & Dunlap, P.A. (the "FirmU) has
over 20 years experience in the area of strategic planning, lobbying and governmental
relations and an established reputation as one of the leading law firms in the State of
Florida. The Firm's diverse client base includes Fortune 500 companies and statewide non-
profit organizations and associations, as well as a variety of governmental and municipal
entities.
Originally founded in 1972, the emphasis of the Firm's practice in the early years was
business, corporate, and real property; and those areas remain an integral part of the
practice. The Finn expanded its complex litigat,ion practice in the mid-70's. Growth in the
litigation practice has continued and, over time, the practice has expanded to include
banking, tax, bankruptcy, administrative and government law. To date, the Finn provides
its clients legal expertise and extensive experience in the areas of litigation; legislative and
governmental affairs; business and corporate, land use, environmental, local government,
and administrative law; banking; real propeTty; tax, estate planning, probate; banlauptcy and
creditors rights; health care; sports and entertainment; lobbying; and public utilities law.
Located within a block from the Capitol and within 15 minutes from most state
agencies, the Finn offers a powerful combination of talent and experience with a proven
track record before the legislative, executive and regulatory branches of government. The
Firm's contact base extends throughout state government and includes legislative leadership,
legislative staff members, and key contacts in executive agencies. The Firm offers year-
round hands-on monitoring, intelligence and oversight of government activity and a highly
professional, performance oriented approach for meeting client goals and objectives. The
Firm works with clients to develop a focused agenda and integrated strategies designed to
meet client objectives.
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The Firm's ability to develop and implement successful strategies is incorporated with
an extensive program of con~inuing client services including:
· Strategic governmental relations program development and planning;
· . Lobbying and advocacy before administrative. agencies;
· Proactive issue identification and management;
· Legislative monitoring and lobbying;
· Regulatory agency representation;
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Administrative branch represe.ntation; and
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Issue analysis.
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The Firm's professionals have many' years of expertise in developing and
, implementing successfu1.govemment and issue management strategies for a diverse roster
of public and private sector clients which include Florida Power & Light, West Coast
Regional Water Supply Authority, Associated Industries of Florida, Time Warner
. Communications, Florida Association of Property Appraisers, Florida Conservation
Alisociation, and The Nature Conservancy, to name a few.
Additionally, the Firm's principals have been based in Tallahassee for many years and
possess a keen understanding of the dynamics and intricacies of state and local government.
The Firm is engaged in a broad.:based business and government oriented practice.
The Firm seeks to serve the needs and interests of its clients by providing prompt,
efficient, and competent legal and consulting services. The Firm is organized into practice
, groups and employs a Uteam approach" under which partners, associates, law clerks and staff
coordinate' to deliver quality legal representation in a cost-efficient manner.
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RESPONSE TO SUBMITTAL REQU1REMENTS
The firm of Pennington, Culpepper, Moore, Wilkinson, Dunbar and Dunlap, P.A.
offers the 'City of Clearwater the following skills and talents: .
1) THE CAPABILITY TO BE AN EFFEcrlVE LOBBYIST AT THE STATE LEGISLATIVE LEVEL
ON BEHALF OF A LOCAL GOVERNMENT MUNICIPALITY.
The professionals at the Firm have extensive experience in lobbying and
governmental affairs, much of it gained through public service as elected officials. This
practice area includes legislative representation of a wide variety of Fortune 500
corporations, business and professional associations, and governmental entities. In addition
to lobbying services, this practice area also includes representation during rule promulgation,
resulting from legislative action, and ongoing consulting services. The governmental affairs
specialist have extensive experience in representing clients before the:
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Governor and Cabinet;
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The Florida Legislature;
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The Florida Executive Branch Agencies; and
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Local government.
This team, with its extensive background and experience in Florida's government
relations area, would provide the City of Clearwater with successful strategies and effective
governmental representation based on priorities and objectives established by the City
Commission and City staff.
The essential elements of any successful legislative program are creditability,
feasibility, relationships and timing.
.
Cr~ditability and Professionalism. The Firm has been a leading law
firm in Tallahassee for over 24 years. Since the mid-70's, the Firm has
been known for its strong understanding of the legislative, executive
agency and cabinet processes, broad-based statewide contact network
and professional approach for developing and implementing results
oriented legislative and public affairs programs which meet targeted
client goals and objectives.
· Feasihilityl The Firm can assist the City of Clearwater in determining
what legislative priorities to set by determining key factors, including
the prospects for success, availability of state funds for accomplishing
local initiatives and potential road blocks (if any).
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Relation~hillS.t Over the years, through public service and private
practice, the Firm has developed n statewide network of legislative and
political contacts which gives the Firm an insider's view of the process
and access to time sensitive information that can help move legislation.
Additionally, the Firm's professionals are involved in a wide-range of
government, business and civic oTganizations which yield opportunities
for exposure and support for client interests and goals. The Firm also
has close association with the League of Cities and other related
advocacy organizations.
.
Timing. Successful legislative programs above all require intimate
understanding of the flow of issues during the course of a legislative
session. Managing the timing of Jegislation from introduction through
consideration by the Governor is critical to success. The Firm's strong
understanding of the legislative process and careful attention to detail
. insures timely movement of proposed legislation and successful
outcomes.
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· . Strategic Plan. The Firm's approach in representing the City of
Clearwater would be designed to foster open, continuous
communications both prior to' and during the 1997 Legislative Session,
insuring that the City is apprised of emerging opportunities, potential
owners of legislation and budgetary dynamics so that appropriate
decisions can be made and strategies implemented to achieve desired
results.
2)
FAMILlARllY WITH STATE AGENCIES AND A RECORD OF A SUCCESSFUL WORKING
RELATIONSHIP WITH THESE'AGENCIES.
From its main office in Tallahassee, Florida, the Firm is able to effectively represent
, its clients interests before the Florida Legislature and the Florida Cabinet, as well as a
multitude of administrative agencies. The Firm has handled administrative matters before
most of the agencies of the Executive Branch, including the Office of the Governor,
Departments of State Insurance, Revenue, Banking and Finance, Transportation, General
Services, Business and Professional Regulation, Health and Rehabilitative Services,
Environmental Pro~ection, Game and Fresh Water Fish Commission, the Public Service
Commission, the Agency for Health Care Administration, the Department of Community
Affairs; and the Department of Management Services.
5
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3) THE CA PAl} 1 LIT\' TO REVIEW PENDING OR PROPOSED REGULATIONS AND LAWS AT TilE
STATE AND FEDERAL LEVEL TO IDENTIFY TilE IMPACfS ON CLEARWATER.
The Firm's advanced research capabilities include utilization of the latest legislative
and legal information and research technologies which are applied to track client issues and
identify emerging trends and opportunities which might affect and/or interest clients. These
include online access to legislative information via the Florida Business Network Service,
Online Sunshine and the Internet.
4} THE ABILllY TO IDENTIFY OPPORTUNITIES FOR THE CITV OF CLEARWATER.
Proper planning insures effective execution of political and governmental strategies
aimed at achieving goals and objectives for interim committee meetings and the 1997
Legislative Session. The Firm approaches strategic planning through a careful assessment
of client priorities and issues and extensive briefing update sessions with client policy
coordinators. Of prim~ importance to effective legislative and state agency representation
is a clear statement of client goals and priorities. A thorough assessment of city issues
requires an examination not only of substantive factors, but also of more indirect issues
which will impact the legislative program. Issues considered by the State Legislature are
rarely looked at in a vacuum as political, financial, and other factors all play a part in
impacting the progress of legislation. . In order to be successful in the legislative and state
agency arenas, strategies must be developed which takes these factors into consideration and
which enlist the support of key allies (Florida League of Cities, etc.) and other related
stakeholder groups who have staff resources and legislative contacts which can reinforce a
particular position at critical points in the process.
5) THE CAPABILITY TO COMMUNICATE EFFECTIVELY WITH THE CITY CONCERNING ITS
NEEDS AND INTERESTS.
Key to effective representation will be the establishment of clear lines of
communication between the City and the Firm, insuring proper information flow, timely
authorization to pursue identified oPPoTtunities and clearly defined goals. To maximize
resources and insure that the lobbying team is sensitive to and appropriately represents the
City's needs, the Firm will submit weekly verbal and written reports to the City's designated
lobbying contact person(s). The FiTm will represent the City of Clearwater's interest before
the Legislature and state agencies, emphasizing priority issues as established in the City's
1997 legislative program. ,
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THE FIRM'S PLAN DEFINING AN APPROACH TO ASSISTING
THE CI1Y OF CLEARWATER IN ITS LOBBYING EFFORTS
As a first step. the Firm's representatives will meet with City representatives to
establish appropriate contacts, lines of communications and specific areas of legisJative
interests. Additional meetings will be scheduled between appropriate City staff with select
areas of expertise to assess priorities and issues.
After these initial briefings are completed, a subsequent strategy session will be
scheduled for detailed discussions on legislative issues and priorities. Items for discussions
would include: City Commission approval of the proposed legislative agenda, allied
organizational support, legislative delegation, feasibility, political elements in time for
introduction for proposed legislation.
Once the legislative priorities have been set. the Firm would begin meeting with local
legislators to determine areas of mutual concern and/or solicit support fOT items of specific
interest to the City. A close and coordinated working Telationship with the local legislative
delegation will be critical to achieving specific City objectives as their support (or lack
thereof) will determine the viability of targeted objectives.
Prior to the start of the legislative session, the Firm would conduct interviews with
appropriate legislators and legislative staff and agency and departmental legislative staff
regarding any interim study which would impact the City and discuss the feasibility of City
legislative initiatives. A report of these findings will be submitted to the City so that
finalization of the legislative agenda can take place.
The Firm will also coordinate bill drafting with the City's legal staff and upon
completion of the draft legislation. will work to identify sponsors for the proposed
legislation. The Firm will also continue meeting with key legislators to seek intelligence on
legislative issues of concern to the City. Particular emphasis would be placed on members
and staff of the Finance and Taxation Committees and Appropriations Committees of the
House and the Ways and Means Committee and subcommittees of the Senate. In addition,
the Firm will secure comments regarding feasibility of funding issues with the Executive
Branch and, most particularly, the Governor's Budget Office.
As the legislative session progresses. the Firm will employ state-of-the-art monitoring
techniques to insure comprehensive tracking of bilJs impacting the City. The Firm uses the
FloTida Business Network's computerized system to track bills and access bill histories.
member ,votes, legislative directories, committee agendas and reports. bill summaries,
committee actions, state statutes, and other information. The Firm will submit verbal and
written reports on a weekly basis which summarize legislative activities conducted by the
Firm on behalf of the City. updates on the progress of legislation and important meetings,
as well as analysis of legislation and legislative actic?ns.
7
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In addition, the Firm wilJ assist the City as needed in scheduling meetings for City
Commissioners and staff with legislators, staff, agency represeinatives, and other officials,
as needed.
The Firm's wide range of contacts within the departments and agencies responsible
for the development of the Governor's budget proposal would be tapped to identify
potential revenue sources for City programs during critical stages of budget development.
As agencies and depanments begin developing their budgets for submission to the
Governor, the Firm will reinforce the need to secure levels of funding for City projects and
programs with appropriate budget staff. Parallel to this action, the Firm will advocate the
funding of City projects and programs with the House Appropriations Committee staff and
the Senate Ways and Means Committee staff responsible for analyzing funding requests
submitted by agencies and departments within the Governor's budget proposal. It is
critically important that a simultaneous strategy be employed to solidify not only sources of
funds, but the specific appropriations of funds to identify projects and programs benefitting
the City.
Through the budget development process, the Firm will keep local legislative
delegation members and committee members apprised of the source of funds, specific
appropriation goals and feasibility of earmarking revenues for intended use.
Personnel Available from the Finn
Each and every of the Firm's 28 lawyers and consultants are available to the
government relations team as needed for legal expertise in substantive areas of the law, such
as tax. rea) estate, insurance, water law, and banking and finance. Additionally, the Firm
has a staff of 3 law clerks, 3 paralegals, 14 administrative assistants and 8 runners which
function as a team to perform services on behalf of the City.
The enclosed Firm brochure gives a comprehensive picture of all of our personnel,
including those in the Government Affairs Section but briefly summarized. there are eight
lawyers and consultants that concentrate our work in this area (legislative and regulatory):
1. Peter Dunbar served five terms in the Florida House of Representatives
befol'e joining the Office of the Governor in 1988 ~ GeJ;leral Counsel and Director of
Legislative Affairs. 'He has been with the Firm since 1991 and is currently the head of the
Governmental Affairs section of the office. He is a current member of the Florida
Commission on Ethics and served as the Pasco County Attorney from 1973 to 1975.
8
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2. Scott Maddox is a current Tallahassee Mayor Pro Tern and former Mayor.
He maintains active political contacts and is recognized as one of the state's emerging
Democratic leaders. He has served on local and statewide Democratic committees and was
the youngest delegate at the 1988 Democratic National Convention. He has served as a
TaHahassee City Commissioner, TaHahassee's Mayor and as Mayor Pro Tern, he is involved
daily with local government issues ranging
3. Bruce Culpepper is a former Commissioner of the City of Ta]]ahassee and
maintains an active practice in administrative law and insurance related matters as well as
in government relations.
4. Randy Miller is the former Executive Director of the Florida Department of
Revenue and has been a Special Consultant on legislative and tax matters in the private
sector since 1988. He has maintained continuous and effective presence in the legislative
arena for more than two decades.
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5. Martha Edenfield began practicing administrative law in 1984 and has had a
lohbying and governmental affairs practice for ten years. She is a recent appointee by the
Governor to the Administrative Procedures Act Review Commission and is the current State
Treasurer of the Florida Democratic Leadership Council.
6. David SwatTord is the former Executive Director of the Florida Public Service
Commission. He is a Special Consultant in public utilities regulation and works as a
consultant both before, the Commission and the Legislature.
7. Bram Canter has practiced exclusively in the area of environmental law for
19 years. His specialty within that broad practice area is water law. He served in the past
as Director of the Water Law Center at the University of Florida College of Law and
Assistant General Counsel at the Department of Environmental Regulation, now the
Department of Environmental Protection.
8. Herb Clark is a new addition to the Firm effective July 15, 1996. He joins us
from the Florida Senate where he served as the Staff Director of the Bank.ing and Insurance
Committee for the last two legislative terms. Prior to his work in the Senatet he served as
Assistant Treasurer and Insurance Commissioner (Chief of Staff) for Florida.
Basis for Comtlutin~ Fees and Charges
The scope and complexity of the project dictate the required manpower, expertise
and expense necessary to accomplish the desired results. Success in the legislative arena and
in the executive agencies of state government depends on the long-term relationships
developed with public officials and staff. This includes work on campaigns, responsiveness
to research requests, and problem solving generated by elected officials and by staff. and
experience in prior public service.
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Providing services for governmental relations are hard to quantiry at an hourly rate
structure where the key to success is access. In order to maintain that relationship for
clients, monitoring and lobbying on an hourly basis is unfeasible. The Firm, therefore,
suggests a flat fee for legislative services for each legislative cycle. Special projects before
, executive agencies will be agreed to in advance and billed separately at the Firm's current
, hourly rates of $125~OO an hour to $200.00 an hour.
The billing structure, during the busy legislative and campaign months of October
through April will be' billed at $3,000.00 per month. The lIoff season" of May through
September would be billed at $1,000.00 per month. The annual flat fee for legislative
services pursuant to this formula is $26,000.00.
Expenses will be separately billed on an itemized basis and reimbursed on an actual
cost incurred based on appropriate governmental schedules.
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REFERENCES
Current Client~i
1.
West Coast Regional Water Supply Authority
2535 Landmark Drive, Suite 211
Clearwater, Florida 34621
Contact: Mr. Donald D. Conn, General Counsel
813/796-2355
. 2. Time Warner Communications
Florida Regulatory Director
2773 Red Maple Ridge
,Tallahasseet Florida 32301
Contact: Ms. Jill Butler
904/942-1181 '
,3.
, ,
Florida Power & Light
215 '5. Monroe Street
Suite 810
Tallahassee, Florida 32301
Contact: Mr. Paul W. Hamilton
904/224- 7517
4.
. The Nature Conservancy
625, North Adams Street
Tallahasseet Florida 32301
Contact:' Ms. Debhie Drake
904/222-0199
5.
Federation of Mobile Home Owners of Florida, Inc.
Post Office Box 5350
. 4020 Portsmouth Road
Largo, Florida 34649-5350
Contact: Ms. Charity Cicardo, Executive Director
813/530.7539
11
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Former Clients:
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1. ' Florida Cable Telecommunications Ac;sociation, Inc.
, 310 North Monroe Street
Tallahassee, FL 32301' ,
Contact: Mr. Steve Wilkerson
904/681-i990
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2.
Palm Beach County Attorney's Office
Board of County Commissioners
. ':Post Office Box 1989
West Palm Beach, Florida 33402-1989
, Contact: Ms. Denise Dyt,ych
.: 407/355-2225
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ACKNOWLEDGEMENT
Proposer, Pennington, Culpepper, Moore, Wilkinson, Dunbar & Dunlap~ P.A.~ has read
and co~curs with the requirements listed in the Request for Qualifications.
Respectfully submitted,
PENNINGTON, CULPEPPER, MOORE,
WILKINSON, DUNBAR & DUNLAP, P.A.
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PENNINGTON, CULPEPPER, MOORE, WILKINSON, DUNBAR & DUNLAP, P.A.
ATTORNEYS AT LAW
,,ABAIV. O. AUGER
WIllIAM W. BLUE
0, ANOI'tEW BYRNE f
IlRAM 0, E. CANTER
ROllEAT CINTRON. JA,
ROBERT S. COt1EN
CHAl'ILES L COOPER, JR.
BRUCE Ct.IU'EI'l'ER
PETER I.l DUNBAR
DAVISSON F. DUNLAP, JA.
IMRTliA J. EOENAELO
DOUGlAS S, L'tONS
EDGAR M. MOORE
E, MURRAV MOORE. ~ft
JOHN C. f>ELHAM .
CARl. R. PENNINGTON. Jil, itA
C. EDWIN RUDE. JR
DAAREN A. SCI-M'ARTZ
CYNTHIA S, TUNNICLIFF
WlLUAAl E. WHITNEY
BEN H, WILKINSON
CATHI C, WILKINSON
t AIt<l Actnltlf4 In Tfll/llfstff
Of COUN~El
R. STUARTl-t\Jr.:. P A,
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CHRISTOPMiR W, MNAc;-.
1~"".tO ..IiaWC_llS & CdOlIClO O"~)
seorr MADDOX .
WilLIAM VANOffiC~E"
IA_u~.. Tedl & 10... On~1
2tSlOUTH MONIIOI STIIIST
2ND 'LooII
TALLlHASIII, 'LORIDA :J:z:I01
.104) 222~n3
'AX 11041 222,21:18
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1002 WIlT 231\1>> ""liT, IUITI :JIO
PAH........ CITY, FLOIl'DA :JUOS
,1041,11"'8&4
!;Pf.CIAl r.O'l(1t1 TAm!;
RANDY MILLER'
DAVIO L. S'NAi'FORO'
'Ne, " ~~, 01 The flcflN 911
REPLY TOI
P.O. BOX 10095
TALLAHASSEE, FL 32302-2095
PROPOSED AGREEMENT TO FURNISH LOBBYING SERVICES
TO THE ~ITY OF CLEARWA~ER
July 31, 1996
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,Mr. George McKibben, Manager
city of Clearwater Purchasing
City of Clearwater
,Post Office Box 474B
Clearwater, Florida 346~8-4748
Re: 1997 LegiSlative Representation
Dear Mr. McKibben:
This will confirm the engagement of the Pennington, Culpepper,
Moore, Wilkinson, Dunbar & Dunlap, P.A., (lithe Firm"), to represent
'the city of Clearwater ("City") during the 1997 Legislative session
with its 1997 annual legislative package.
The representation shall be for the regular legislative
session of the 1997 Legislature and any extensions thereof or
special sessions which deal with issues in which the city has an
interest.
I. SCOPE OF WORK
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The scope of work for the Firm will include working closely
with the city administrative staff members to advocate the City'S
decision 'regarding issues before the state Legislature, to keep the
city informed on issues of concern or potential concerns of the
city, and to pro-actively seek opportunities on issues of concern
to the city. The Firm will also assist the city in working with
various state agencies to obtain desired actions.
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Mr. George McKibben, Manager
July 31, 1996
Page 2
, The Firm will also work on the annually prepared legislative
package determined by the city commission and City Departments.
The Firm will provide input to the city during the formation of
this package and will help present the package to the Pinellas
county Legislative Delegation at its local public hearings held in
the Fall of each year.
This contract covers work on the legislative process,
including seeking state and federal funding for the replacement of
Memorial Causeway Bridge and should funding not be available,
working with the Florida Department of Transportation to allow the
City to pay for the cost of replacing the bridge and be reimbursed
at a later date.
It is anticipated that the responsibility for organization and
leadership of the lobbying team will fall upon Martha Edenfield and
me, but the Firm will bring to bear all of the resources of the
individual lobbyists in the Firm. The other personnel include:
Randy Miller, the former Executive Director of the Department of
Revenue; Scott Maddox, the former and future Mayor of Tallahassee;
David Swafford; and Bruce Culpepper. I serve as the direct contact
for the Firm for you or such person(s) that you may from time to
'time direct to contact me. The elements of activities will
include: '
a. organizing the individual lobbyists retained to assist
with this project by the city and other interests that have similar
points of view in this conflict;
b. Developing and maintaining contacts with House and Senate
members of the local delegation and assembling of vote count for
key committees in both Houses, including lists of votes and
, strategies to convert to obtain votes;
c. Appearing before committees and coordinating all the
messages that will be delivered to both House and Senate members
. (all strategies, would, of course, be developed and approved by the
team prior to implementation);
d. Establish and maintain regular lines of communications
with all elements of the client's legislative team and its allies;
e. Develop specialized strategies for subgroups and caucus
in the process;
f. Coordinating efforts
activities of any opposition
encounter.
to identify and
point-of-view in
monitor the
legislative
..
Mr. George McKibben, Manager
July 31, 1996
Page ~
II. COSTS AND EXPENSES
The scope and complexity of the project dictate the required
manpower, expertise and expense necessary to accomplish the desired
results. Success in the legislative arena and in the executive
agencies of state government depends on the long-term relationship
developed with public officials and staff. This includes work on
campaigns, responsiveness to research requests, and problem solving
generated by elected officials and by staff, and experience in
prior public service.
Providing services for governmental relations are hard to
,quantify at an hourly rate structure where the key to success is
access. In order to maintain that relationship for clients,
monitoring and lobbying on an hourly basis is unfeasib+e. The
Firm, therefore, suggests a flat fee for legislative services for
each legislative cycle. Special projects before executive agencies
will be agreed to in advance and billed separately at the Firm's
current hourly rates of $125.00 an hour to $200.00 an hour.
The billing structure, during the busy legislative and
campaign' months of October through April, will be billed at
$3,000.00 per month. The "off season" of May through September
would be billed at $1,000.00 per month. The annual flat fee for
legislative services pursuant to this formula is $26,000.00.
Expenses will be separately billed on an itemized basis and
reimbursed on an actual cost-incurred based on appropriate
governmental schedules.
We appreciate the confidence you have shown in me and in this
Firm by selecting us to be the lobbyists for the city of
Clearwater. We look forward to a successful and productive
legislative session.
Respectfully,
PENNINGTON, CULPEPPER, MOORE,
WILKINSON, DUNBAR & DUNLAP, P.A.
~IM.,~
Peter M. Dunbar
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PMD/tmz,
Date
George McKibben, Manager
city 'of Clearwater
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DESCRIPTION
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OF THE FIRM
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The firm, based in Tallahassee, Florida, is engaged li'l d
broadMbased, business and govemment-oriented practice.
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Originally founded in 1972, the emphasis of the firm's'prac-
tice in the early years was business, corporate, and real propertYj
and those areas remain an integral part of the practice. The'firrn
expanded its complex litigation practice in the mid-seventies.
Growth in the litigation practice has continued and, over time,
the practice has expanded to include banking, tax, banl<ruptcy,
administrative, and government law. Toda'y, the firm provides its
clients legal expertise and extensive experience in the areas of (
litigation; legislative and governmental affairs; business and cor-
porate,land use, environmental, local government, and adminis-
trative law; banking; real property; tax, estate planning-and
probate; bankruptcy and creditor's rights; health care; sports and
entertainment; lobbying; and public utilities 1a'vV.
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The firm enjoys an excellent reputation among its peers in
the legal community, as exemplified by its "AV" rating in the
national MartindaleMHubbell Legal Directory.
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The firm is committed to excellence. In addition to meeting
Florida Bar continuing education requirements, many of the firm's
attorneys have authored books and educational materials and
lectured for legal organizations and:6ther professional groups,
including accountants, bankers, architects, and businessmen.
The varied topics have included taxation, probate, litigation,
lender liability, federal procedure, environmentalla'vV, telecom-
munications law, construction litigation, insurance lavv, health
care law, administrative law, and governmental affairs.
From its main office in Tallahassee, Florida, the firm is able to
effectively represent its c1jents' interests before the Florida
legislature and the Florida Cabinet, as well as a multitude of
administrative agencies. The firm has handled administrative mat-
ters before most of the agencies of the Executive Branch, includ-
ing the Departments of Insurance, Revenue, Banking and Finance,
Transportation, General Services, Professional Regulation,
Business Regulation, Health and Rehabilitative Services,
Environmental Protection, Game and Fresh Water Fish
Commission, the Public Service Commission, and the Agency for
Health Care Administration.
The firm is dedicated to seNing its clients and community.
In addition to providing quality legal service to its clients, the
firmts attorneys' are active ;n the American, Florida, Tennessee
and Tallahassee Bar Associations, and participate in many social,
civic, cultural, and alumni organizations. Organizations in which
the firm's members are active include the Chamber of
Commerce, Association of Municipal and County Attorneys,
Legal Aid Foundation, Tallahassee Economic Development
Commission, Goodwill Industries of the Big Bend, leMoyne Art
Foundation, Tallahassee Civic Ballet, Tallahassee Regional Estate
Planning Council, and Friends of the leon County Library.
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The firm seeks to serve the needs and interests of its clients
by providing prompt, efficient, and competent legal service.
The firm is organized into practice groups and employs a ''team
approach" under \'Vhich partners, associates, law clerks, and staff
coordinate to deliver quality legal representation in a cost-effi-
dent manner.
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THE
PRACTICE', '
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The varied backgrounds and experience of the firmis attor-
neys allow the firm to offer legal and lobbying services in a num-
ber of areas, including:
· LITIGATION
· GOVERNMENTAL AFFAIRS
. CONSTRUalON LA.W
, · BUSINESS AND CORPORATE LAW
· LAND USE, ENVIRONMENTAL, AND LOCAL
GOVERNMENT lAW
· ADMINISTRATIVE AND PUBLIC UTILITIES LAW
· INSURANCE LAW
· BANKJNG AND SECURITIES LAW
o REAL PROPERlY LAW
· TAXATION
· ESTATE PlANNING AND PROBATE LAW
· BANKRUPTCY LAW AND CREDITORiS RIGHTS
· HEAlTH CARE LAW
· EMPLOYMENT LAW
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LHTIGATION
The litigation group has experience in Virtually eNery type O!
generallitigation~ with particular expertise in construction'laVv,
complex business, and insurance litigation. The firm's litigation
attorneys have practiced at all levels, and in all districts, of th~
state court system of the State of Florida and in federal court~
throughout the United States, including the United States la,.
Court.
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The firm has represented clients in litigation involving:
., Employment and Labor Relations
. Complex Contract and Construction Disputes
. Complex (nsurance litigation
· Constitutional Law
· Product Liability
· Insurance Defense
· Creditor's Rights and Bankruptcy
, · Eminent Domain
· Health Care
· Professional Malpractice
, · Real Property Rights
· RICO and Business Fraud
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GOVERNMENTAL
AFFAiRS
The members of this practice group have extensive experi.
ence in lobbying and governmental affairs, much of it gained
through public service as elected officials. This practice area
includes legislative representation of a wide variety of Fortune
500 corporations, business and professional associations, and
governmental entities. In addition to lobbying services this prac-
tice area also includes representation during rule promulgation,
resulting from legislative action, and ongoing consulting services.
The governmental affairs specialists have extensive experience in
representing entities before the:
· Governor and Cabinet
· Florida Legislature
· Florida Executive B~nch Agencies
· Local Governments
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LAW
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The firmts involvement with construction litigation dates
back to the ffirly 70's and has steadily expanded through the
years. The finn's lawyers have helped shape the development of
construction law in Florida through active litigation, participation
in lectures and seminars, and contributing articles on construc-
tion law to various publications, including The Florida Bar's initial
pUblication in 1983 of Construction Litigation in Florida and its
1991 revision of Florida Construction Law and Practice. The firm
regularly represents commercial contractors, developers, finan-
cial institutions, and surely companies.
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The firm maintains a divergent general business practice,
serving as general counselor local counsel for numerous local,
state, 'regional, and national companies involved in a variety of,
commercial activities. This practice area includes the' organizaM
tion of new business, business and commercial counseling,
mergers and acquisitions, and financing and tax.
This practice group is experienced in varied aspects of
, ' business and corporate law, including:
, - Acquisitions
· Antitrust
· Contracts
-Leases
- Mergers and Reorganizations
- Partnerships
- Securities
· Telecommunication Services
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LANp USE,
ENViRONMENTAL,
AND LOCAL
GOVERNMENT LAW
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I' The members of this practice group have over forty years of
combined experience in land use, environmental, and local gov-
ernment law. In light of increased governmental regulation of
development and industry to control growth and protect the
environment, this area is one of the most rapidly expanding
areas of the firm's practice. The firm's involvement in represent-
ing county and municipal governmental entities, as well as the
private interests of citizens, professionals, and the development
industry, has included:
· Counsel and Ordinance Drafting Pursuant to the
Requirements of State Comprehensive Planning Lavvs
· Counsel, Negotiation, and Drafting of Development
Agreements
· Complex Development Permitting, including
, Developments of Regional Impact (DR!)
. . Eminent Domain and Inverse Condemnation Activities
. Growth tv\anagement and Other land Use Issues
. Hazardous Waste and Petroleum Contamination Clean-Up
.. Intergovernmental Agreements
. Negotiation, litigation, and Administrative Proceedings as
to Environmental Permitting and Enforcement Actions
. Submerged land Leases and Easements
· Water law Issues, including Consumptive Water Use
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ADMINISTRATIVE
AND PUBLIC,"
UTILHTHES LA'"
The firm has represented clients in proceedings involving
state administrative agencies under Florida's Administrative
Procedure Act for many years. The representation has been var-
ied, and has included the promulgation of rules, rule challenges,
development permitting, bid protests, certificates of need,
declaratory statement petitions, electric utility territorial disputes,
public utilities regulation, and litigation involving state and fed-
eral constitutional challenges to legislation and administrative
agency action. The members of this practice group have experi-
ence in the representation of clients before most of the Florida
administrative agencies, including:
· Department of Banking and Finance
· Department of Business and Professional Regulation
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· Department of Environmental Regulation
· Public Service Commission
Ii Department of Transportation
· Department of Nlanagement Services
· Agency for Health Care Administration
· Department of Health and Rehabilitative Services
· Department of Insurance
· Department of Revenue
· Game and Fresh Water Fish Commission
· Department of Agriculture and Consumer Services
· Trustees of the Intemallmprovement Fund
· Water Management Districts
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HNSURANCE LAVV'
The firm represents clients before the Florida Department of
Insurance (DOl) in matters ranging from the formation and acqui-
sition of insurance companies to company and agency regula-
tion. This practice includes negotiations before the DOl, defense
of administrative and civil actions, as well as state and federal
actions involving the 001, trade associations, and other insur-
ance companies or related agencies.
BANKING
AND SECURITIES
LAW
The firm represents numerous banks and other financial
institutions throughout the southeastem United States. This prac-
tice includes traditional banking representation such as loan
documentation and general banking practice, and the highly
specialized representation of financial institutions before various
bank regulatory bodies, including the Office of the Comptroller
of the Currency (OCC), Federal Deposit Insurance Corporation
(FDIC), Federal Reserve, Florida Department of Banking and
Finance, and the Resolution Trust Corporation (RTC).
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Representation of financial institutions includes the areas of:
· Bankruptcy
· Commercial Loan Documentation and Closings
. Commercial Litigation and Foreclosures
· Corporate Finance
. Holding Company Formations
· Lender Liability Advice and Defense
· Loan Reconstructing
· Mergers and Acquisitions
· Workouts
· Securities
· Judgments, Collections, and Executions
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REAL PROPERT1{
LA"\,
The finn's real estate practice group provides a full range 01
services, from residential closings to major .Iand planning and
development matters. The firm serves a variety of clients, includ.
ing lenders, developers, title insurance companies, and individ-
ual sellers and purchasers. The firm is an authorized agent for
several national title insurance companies. The firm's real estate
practice includes:
· Commercial and Residential Closings
· Drainage and Water Rights Disputes
· Equity and Debt Financing Documentation
· lease Arrangements
· Real Property Litigation, including extensive Statewide
Mortgage Foreclosure Practice
· Subdivision and Office Park Development
· Drafting of Residential and Commercial
Condominium Documents
· Like-Kind Exchanges
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TAXATION
The tax department provides a variety of services for corpo-
rations, partnerships, and individuals, including legal counseling
on business and transaction structuring and income tax planning.
Two of the firm's attorneys have earned their N\asters of law in
Taxation. The firm provides tax-related services in:
· Individual Tax Planning
· Mergers and Acquisitions
· Real Estate Transactions
· State Tax Matters
· Fonnation of Corporations, Partnerships, and Business
, Ventures
.'
,
, ,,. : ~. '
ESTATE PLANNiNG
Al'JD P1ROB..~TE LA'V
..
, ,
;',
: BANKRUPTCYJLAW '
" AND CREDITOR'S
, RKGHTS'
.,.
,
.,.....
The firm's estate planning and probate practice group pro.
vides a complete range of services from estate planning and
consultation to representation of guardianship and probate
estates. The firm has experience in all aspects of estate planning
and administration, including:
"
. Drafting of Wills and Trusts
· Estate Taxation
· Guardianships
· Planning for Lifetime and Testamentary Transfers
· Probate and Probate Litigation
Since 1974, 'Nhen the firm undertook the representation of
the Trustees in the reorganization of a major mortgage corpora-
tion, it has emphasized its bankruptcy practice. In recent years,
the bankruptcy department has represented numerous busi-
nesses and financial institutions in major business bankruptcy
cases and workout and reorganization matters. The firm also
actively represents secured creditors in consumer cases. While
the firm's emphasis is on representing creditors, it occasionally
represents borrowers in workout and reorganization matters. The
firm has represented clients in bankruptcy proceedings in the
Northern, Middle, and Southern Federal District Courts of the
State of Florida.
. .......~-.~.... -~.. . . "~ '. -....".. . ~.. "> ,~.~.. .,...- .> .
. -- .. .- ---
-
HEALTIf-1 CARE
The firm continues to expand its extensive presence in the
health care field. The firm represents several large health mainte-
nance organizations, some having a national presence in health
care. The firm has represented a variety of health care providers,
including a major hospital trade association, approximately 30
acute care hospitals, and numerous psychiatric hospitals and
medical groups before the Agency for Health Care
Administration. Further, the firm represents long-term health care
companies owning, operating, and managing over 200 nursing
homes. This experience involves representation of individual
facilities as well as the activities of both large and small nursing
home chains and adult congregate living facilities. The health
care practice group has experience in:
· Structuring Business Relationships among Physicians,
Hospitals, and Laboratories
· Representation before the Agency for Health Care
Administration
· Representation before the Department of Insurance
· Health Care Entity Licensure and Regulation
· Health Maintenance Organization Licensure and
Regulation
· Medical Malpractice litigation
· Reimbursement and Third-Party Payor N.atters
· Certificate of Need Litigation
o Acquisitions, Mergers, and Sales of Long-Tenn Care
Facilities
· Acquisitions, Mergers, and Sales of Health fv\aintenance
Organizations
· Prepaid Limited Health Service Organization Licensure
and Regulation
· Community Health Purchasing Alliances
· Small Group Health Care Reform
.;.:1
. . , . I . ~ ~.
, '. ,
.--.--. -- ....
EMPLOYMENT L.A~.'V
, '
': r ~. .
I,"
M'lj
The Employment Law department's primary focus is the
representation of management in disputes involving employees.
The members of this practice group represent both public and
private sector clients in federal and state court and before state
and local administrative agencies on matters relating to employ-
ment law. This department also emphasizes the preventative
maintenance aspects of employment law by providing advice to
, clients in these areas
Representation includes clients with employment law matt-
ters relating to the following areas:
· CMI Rights Act of 1964 (litle VII), as amended
, · Florida Human Rights Act
· Age Discrimination in Employment Act
, · Americans with Disabilitites Act of 1990
.'CMI Rights Act of 1991
· Family and Medical Leave Act
· Other 1BVv'S and regulations affecting the
em'ployer/employee relationship,
1
i
l '
\
, \
i
i '
Carl R.
Pennington, Jr.
Civil and Commercial
Utlgation. Business
and Corporate Law
Ben H. Wilkinson
Banldng, Business
and Corporate Law,
Commercial and Civil
Udgation .
Bruce Culpepper
Real Estate Law.
Commercial
Transactions.
Administrative Law.
Governmental Law,
Banking Law.
Insurance Law
Edgar M. Moore
Banking. Health Care,
Business and Real
Estate
.i"~:':"4'e.~~/'" '1"~ ,. - ,~'T' .. . ,. "
-,
CARL PENNINGTON. JR.. born Tallahassee. Florida. February 24. 1931; admitted
to bar, 1955. Florida and U.S. Supreme Court; U.S. District Court. Northern District
of Florida; U.S. Oairns Court; U.S. Tax Coun; U.S. Court of Appeals. Fifth District;
U.S. Court of Appeals, Eleventh District; Education: University of Florida (B.A.,
1952; J.D., 1967. replaced LL.B. conferred. 1954). Phi Alpha Delta (president. 1954).
Member: Tallahassee Bar (president. 1966-1967): The Florida Bar (Member, Board
ofGovemors. 1968.1972; Chainnan. Bar Ccntcr Commission, 1980-1986; Florida Bar
Delegate. 11 th Circuit Judicial Conference. 1984.1986); First District Court of
Appeals Judicial Nominating Commission. 1986.1990; Florida Supreme Court Judicial
Nominating Commission. 1991. ; American Judicature Society; Academy of Florida
Trial J..awyem; The Association of Trial Lawyers of America. Fellow. American
College of Trial Lawyers; Fellow. American Bar Foundation.
BEN H. WILKINSON. born Lawton, Oklahoma. October 22. 1943; admitted to bar.
1970~ Florida and U.S. Supreme Court U.S. Court of Appeals. Fifth Circuit and
Eleventh Circuit; U.S. District CoUI4 Northern District of Florida. Education:
University of Florida (B.S.-B.A.. 1965); Florida State University (J.D., magna cum
laude. 1970). Phi Delta Phi; Gold Key. Lecturer: "Lender Liability." various banking
topics at Conununity Bankers of Florida Annual Convention, 1988-92. Member.
Tallahassee Economic Development Commission. 1985-1989. County Attorney, Leon
County 1989-90. Member: Tallahassee (Secretary. 1971-1972; Treasurer. 1972-1913;
Member, Board of Directors. 1976-1978) and American Bar Associations; The Florida
Bar (Member. Board of Governors. 1979-1983; Budget Committee, 1983-1985;
Chairman, Audit Committee. 1982-1983; Programs and Evaluation Committee, 1981-
1982); Federal Bar Association: Academy of Florida Trial Lawyers; The Association
of Trial Lawyers of America.
BRUCE CULPEPPER. born Leesburgt Florida. December 1. 1941; admitted to bar.
1967, Florida and U.S. District Count Northern District of Florida; U.S. Supreme
Court. Education: University of Florida (B.A.. 1963; J.D.. 1966). Phi Delta Phi;
Florida Blue Key; Phi Alpha Theta. President, University of Florida Student Body.
1965-1966. Secretary, Florida Economic Council, 1977.1981. OIainnan, Rodda
Medical Malpractice Advisory Council. 1982.1985. Tallahassee City Commissioner.
1986-1987. Member. Tallahassee/LeOn County Planning Commission, 1987-1988.
Chainnan. Tallahassee Clamber of Commerce. 1986.1987. Member: The Florida
Bar (Member. Board of Governors. Young Lawyers Section. 1969; Chainnan,
Banldng Committee. Corporate and Business Section. 1975.1977); American Bar
Association.
EDGAR M. MOORE. born Tallahassee. Florida. November 8. 1940; admitted to bar,
1964. Florida. Education: University of Florida and Florida State University (B.S.
1961); University of Florida (IJ...B., with honors. 1964). Phi Delta Phi. Phi Kappa
Phi; Order of the Coif; Florida Blue Key. Executive Editor. University of Florida
Law review. 1963.1964. Member. State Moot Court O1ampion Team and National
Finalisl Member. 1st District Court of Appeals Judicial Nominating Commission
(01aJnnan). 1973.78. Member: Tallahassee and American Bar Associations; The
Florida Bar. Member. Board of Directors. Florida State Bank of Tallahassee. 1974-
1984; Member, Boam of Directors (Chainnan 1988-1990). The Deltona Corporation
1
Davisson F. Dunlap.
Jr.
Construction,
Commercial and
Civil Utlgatlon
Peter M. Dunbar
Governmental
Relations.
Admlnism:ztive
Law. Public Utilities
Regulation. Mobile
Home and
Condominium Law
Calm C. Wilkinson
Estate Planning.
Banking and Securities.
Appellate Practice
(NYSE), 1985 to 1991; Member and Vice-Omirman of Board of Directors. Andrew
Jackson Savings Bank. 1984-1994. CEO. Andrew Jackson Savings Bank. 1989-1994;
Vice-Chalnnan. SunBankIl'allahassec, N. A., 1994-1995; Chainnan/CEO. Fir.;t South
Bank, 1994 to present; Member of Board of Directors, Tallahassee Memorial Regional
Medical Center. 1988 to-present (Chainnan of Board ofTMRMC, 1993-1995).
DAVISSON F. DUNLAP. JR.. born Jacksonville, Florida. January 25. 1943; admitted
to bar. 1971. Florida. Education: Presbyterian College (B.A.. 1966); University of
Florida (J.D., J971). Phi Delta Phi. Author: "Florida Construction Law and Practice."
Florida Bar, Chapter on Damages. 1991; "Professional Liability of Lawyers," Florida
Bar, Chapter on Damages. 1989; "Construction Litigation in Florida." Florida Bar.
Chapter on Damages, 1983; contributing writer. The Builder News. Lecturer:
Architects and Engineers Professional Liability - Nature and Extent of Damages in
Co~ction Cases Seminar. The Florida Bar. Member: Tallahassee and American
Bar Association: The Florida Bar (Member: Continuing Legal Education Committee
1978-1983; Vice Chainnan 1983-1987); Academy of Florida Trial Lawyers; Clients'
Security Fund Committee; Tallahassee Inns of Court.
PETER M. DUNBAR. born New Haven, COIUlecticut.lanuary 10, 1947; admitted to
bar. 1972, Florida; U.S. Supreme Court. Education: Florida State University (B.A,.
1969; 1.0.. with honors. 1972). Omicron Delta Kappa; Phi Delta Phi; Gold Key.
Author: Books. Condominium Association Practice and Procedure in Florida, 1987,'
The Condominium Conctpt, Fourth Edition, 1992: The Homeowners Association
Manual, Stcond Edition 1991: The Law uf Florida Homeowners' Association. 1992:
all published by Suncoast Professional Publishing Corporation. Lecturer. University
of Miami College of Law Condominium and Cluster Housing Institute. 1987-1988.
Instructor. Condominiwns and Condominium Living. Sl Petersburg Community
College. 1978-1980. Executive Assistant to Florida House Minority Leader, 1967-
1972. Pasco County Attorney. 1973-1975. Member and O1airman. Pasco County
Charter Commission, 1974-1975. Member: Florida House of Representatives. 1978-
1988; Chairman. Pinellas County Legislative Delegation. 1982-1983. Member. 1986-
1991 and Otainnan. 1987-1988. NOAA Sea Grant Review Panel of U.S. Department
of Commerce. Member: Florida Bar Commission on Merit Retention and Selection
of Trial Judges. 1988-1989; Florida Judicial Council 1988-1990 and Chief of Staff.
1990. Office of the Governor. Member. Board of Trustees, 1989- and Vice Chairman.
1990-1991. Collins Center for Public Policy. Member: Tallahassee and Clearwater
Bar Associations: The Florida Bar (Member. Sections on: Local Goverrunent; Real
Property. Probate and Trust Section) National Association of Regulatory and Utilities
Commission [With Florida National Guard. 1968-1972]
CATlU C. WILKINSON. born De Funiak Springs. Florida. September 23. 1954;
admitted to bar, 1979. Florida; U.S. District Court. Northern District of Florida; U.S.
Supreme Court: U. S. Court of Appeals. Eleventh Circuit Education: Eckerd College
(B.A., 1976); Stetson University (J.D.. cum laude, 1979). Recipient: Miller Leadership
Awan!. Member: Stetson UniversJty Law Review. 1978-1979. Dana Scholar. Author:
"financial Institution Liability Under Money Laundering Laws," 1990; "Corporate
Meeting Minutes." 1988, Community Bankers of Aorida Newsletter. Lecturer:
"Florida Law Update." 1991..93; "Florida Law of Homestead." 1990; "Probate
Litigation Update," 1989, Tallahassee Regional Estate Planning Council; 1992, "Wills
and Probate." Florida Bar Bridge-TIle-Gap Seminar, "Administration of the Estate in
2
-
D. Andrew Byrne
Employment lAw,
Labor/Civil Rights
and Complex
Commercial Litigation
Dram D. E. Canter
Environmental Law,
Waltr Law,
Administrative lAw,
Govtrnmtntallow, and
Public Utilities
Regulation
-
Florida:' 1990 National Business Institute. Recipient: Florida Har Pro Bono Servlce
Award for 2nd Judicial Circuit. 1986. Member: Tallahassee Bar Association; nle
Florida Bar; Tallahassee Regional Estate Planning Council; Federal Bar Assoclatlon,
(Treasurer, 1991-92).
D. ANDREW BYRNE, bom Memphis, Tennessee, June 11, 1961; admltted to bar,
1985 Tennessee; 1991. Florida. Education: University of Tennessee; Memphis State
University (B.B.A. magna cum laude, 1982); Vanderbilt University (J.D., 1985);
National Institute for Trial Advocacy 1987. Beta Gamma Sigma; Phi Delta Phi.
Member, Moot Court Board. Co-Author: "Tennessee Workers' Compensation: Where
Is the Proper Venue'}" 20-2 Mem. SL UL. Rev. 159, 1990. Presented at the
American Productivity and Quality Center 1992 Symposium ilLegal and Ethical Issues
in Benchmarking," Presented at me American Productivity and Quality Center 1993
Symposium "Total Quality Management for The Corporate Legal Department,"
Presented at the U.S. Small Business Administration Regional Advisory Councll1992
meeting "Efficiency in Market for Legal Services.1I Presented at the Rorida
Association of Property Appraisers, Inc., 1995 Pre-Legislative Conference, "Sexual
Harassment in the Workplace"; Presented at the Community Bankers of Florida 1995
Annual Convention, 'tSex Discrimination, Race Discrimination, Age Discrimination,
ADA, What is an Employer to Do?tI Member: Tallahassee, Tennessee and American
Bar Associations; Tallahassee and Florida Bar Associations; The Academy of Rorlda
Trial Lawyers; Tennessee Trial Lawyers Association; The Association of Tri;lJ,
Lawyers of America. Council member. United States Small Business Administration
Regional Advisory Councll, District IV.
BRAM D. E. CANTER, born Louisville, Kentucky, July 25. 1951; admjtted to bar,
1978. Florida; U.S. District, Northern District of Florida; U.S. Court of Appeals, Fifth
and Eleventh Cireuits. Education: University of South Florida (B.A., magna cum
laude, 1974); University of Florida (J.D., 1977); George WashingtOn University
(LL.M.. summa c\1m laude, 1982). Co-Author: "Florida Water Law 1980,"
University of Ronda Press. 1980; "Water Law and Policy:' Florida Water Atlas.
1984; Editor of ItFlorida Rulemakingt' by S. Niego (1993); ItStonnwater Runoff
Control: A Model Ordinance for Meeting Local Water Quality Management Needs,"
Natural Resources Journal, 1980; 'tLegal Aspects of Recreational Marina Siting in
Florida," Florida Sea Grant Program Report No. 36. University of Florida, 1980;
ItProtecting Coastal Waters," Florida Sea Grant Program Technical Paper No. 14,
University of Florida, 1979; with James R. BrindeU, ''The 1984 Wetlands Act: A
Course Change or Correction?" Florida Environmental and Urban Issues, October,
1984: with James R. BrindeU, "How the Wetland Act Keeps a Controversy Bubbling,"
Florida Trend, 1984; HHazardous Waste Disposal and the New State Siting Acts,"
Natural Resources Lawyer, 1982; "Safe Hazardous Waste Disposal: Sure, But
Where?," Florida Bar Journal, 1981; "Legal Aspects of Recreational Marina
Operations in Florida." Florida Sea Grant Program Report No. 46, University of
Florida, 1981; "Legal Problems of Stonnwater Pollution Abatement," Legal,
Institutional and Social Aspects of Inigation, Drainage, and Water Resources Planning
and Management, A.S.C.E. National Conference Proceedings, 1978; "Surface Water
Management Permitting," "1993 Enviromnental Pennitting & Growth Management
Handbook. " Member, Technical Advisory Committee of the O1arlotte Hamor
Resource Management Task Force, 1978-1979. Member: The Florida Bar (Member,
Envlrorunental and Land Use Law Section); Board of DireclOrs and Treasurer, Florida
Defenders of the Envirorunent.
3
"' .
Robert Cintron, Jr.
Comm~rcial. RICO,
Insurance. Business.
Health Care Litigation
Robert S. Cohen
Administrative Law,
Governmental Law.
Health Care Law.
Insurance Law. Law
Office Administration
Charles L. Cooper, Jr.
Banking. Business
and Corporate
Low. Federal and
State Tcixation
Martha J. Edenfield
Governmental
Relations.
Administrative Law.
Environmental Law
ROBERT CINTRON. JR., born Tampa, Florida, June 29. 1954; admitted to bar, 1981,
Florida; U.S. District Court, Northern and Middle Districts of Florida; U.S. Court of
Appeals, Eleventh Circuit. Education: Florida State University (B.S., cum laude,
1976; I.D., with honors. 1980). Member: Tallahassee Bar Association; The Florida
Bar; The Federal Bar Association: The Association of Trial Lawyers of America, The
Academy of Florida Trial Lawyers; The American Inns of Court.
ROBERT S. COHEN, born Orlando, Florida, February 19. 1957, admitted to bar,
1982, Florida; U.S. District Court, Middle and Northern Districts of Florida; U.S.
Court of Appeals, Eleventh Circuit. Education: Brandeis University (B.A., cum
laude, 1979); Florida State University (J.D., 1981). Phi Delta Phi (Magister. 1981).
Member, Florida State University Law Review, 198()'1981. Author: Florida
Administrative Practice, O1apter: "Regulatory Agencies/' 'Third and Fourth Editions,
The Florida BarJ 1990 and 1992; "Silence is Golden, But a Rule 23(d) Judicial Order
is an Unconstitutional Prior Restraint on Speech," 8 Florida State University Law
Review 771, 1980. Member: Tallahassee and American (Member: Sections on: Law
Practice Management; Administrative Law) Bar Associations; The Florida Bar
(Member, Sections on: Health Law; Administrative Law Practice Management and
Technology; Member: Editorial Board, The Florida Bar Journal, 1982-1984, Judicial
Administration, Selection and Tenure Committee, 1990-1992); Rorida Association of
Hospital Attorneys; National Health Lawyers Association.
CHARLES L. COOPER, JR'J born Nashville, Tennessee. April 12. 1961; admitted to
bar, 1988, Florida; 1989. U.S. Tax Court; 1990, U.S. District Court, Middle District
of Florida; 1991, U.S. District Court. Northern District of Florida. Education: Florida
State University (B.S.. 1985; J.D., with honors, 1988); University of Florida (LL.M.
1989). Member: Tallahassee and American Bar Associations; The Florida Bar
(Member: Tax Section and Health Care Section); The Florida Bar, Board certified tax
lawyer.
MARTHA J. EDENFIELD, born Orlando, Florida, August 29,1960; admitted to bar,
1984J Florida; 1986. United States District Court Middle District of Florida.
Education: Florida State University (B.S. 198]; J.D. 1984) Phi Delta Phi. Appointed
by Governor Lawton Chiles to the Governor's Administrative Procedure Act Review
Commission, 1995-1996. Member: Tallahassee and American (Member, Sections on:
Law Practice Management. Administrative Law; Natural Resources Energy and
Environmental Law.) Bar Associations: The Florida Bar (Member, Sections on:
Environmental and Land Use Law; Administrative Law). Tallahassee Women
Lawyers Association (Member, Board of Directors, 1989-1991; Vice President, 1991-
1992; PresIdent. 1992-1993); Florida Association for Women Lawyers. Florida
Democratic Leadership Council, Treasurer, 1995-Present. Civic: Clair, Keep
Tallahassee Leon County Beautiful, 1994-1996; Member, Board of DirectorsJ
American Heart Association, Leon County Affiliate. 1994-1996: Member, Junior
League of Tallahassee, 1991-Present; Alumnus, Leadership Tallahassee.
4
Douglas S. Lyons
Civil litigation, ,
Individual and Class
Action LItigation
(Claims on Fraud)
John C. Pelham, Jr.
Administrative and
Local Govermnent Law.
Zoning and Environ.
mental Law
Eminent Domain
c. Edwin Rude, Jr.
Bankruptcy. Surety,
Civil. and Conunercial
Litigation
DOUGLAS S. LYONS. born TitusvUle. Pennsylvania. September 25. 1944; admitted
to bar, 1970. U.S. Supreme Court, U.S. District Court, Middle and Southern Districts
of Florida, U.S. Court of Appeals, Fifth and Eleventh Circuits, Education: Duke
University (A.B.. 1967); Florida State University (J.D., 1970). Phi Delta Phi.
Chainnan. Dade County College for State Judiciary. 1978.1979. Vice Chninnnn,
1977.1978. Member, 3rd District Court of Appeal Judicial Nominating Commission,
1978-1982. Member: Dade County Bar Association (Member. Board of Directors.
1977-1980; Young Lawyers Section Board of Direcwrs. 1973-1976; President, 1976-
1977) and The Florida Bar (Member. Young Lawyers SectJon, Board of Governors,
19n.1979; Secretary. 198()..1981; Grievance Committee, 1977-1979; Clainnan, 198()'
1981); Dade County Trial Lawyers Association (Board of Directors); Dade County
Defense Bar Association; Academy of Florida Trial Lawyers; American Board of
Trial Advocates.
JOHN C. PELHAM. JR.. born Dothan. Alabama, April 18. 1950; admitted lO bar.
1983. Florida; U.S. DistriCl Co~ Northern District of Florida. Education: Troy State
University (B.A.~ magna cum laude. 1972; M.S., 1976); Florida State University (J.D..
1982). Assistant County Attorney, Leon County. 1985.1990. Member: Tallahassee Bar
Association. The Florida Bar (Member: Local Government Law. Land Use and
Environmental Law. and Real Property. Probate and Trust Law sections).
C. EDWIN RUDE. JR.. born Quitman. Georgia, October 21. 1942; admitted to bar.
1973, Florida; U.S. Court of Appeals. Eleventh Circuit; U.S. District Court, Northern
District of Florida; U.S. District Court, Middle District of Florida. Education:
Davidson College (A.B.. 1965); Florida State University (J.D., 1972). Omicron Delta
Kappa; Phi Delta Phi (Magister, 1972); Gold Key. Law clerk to Honorable D. L.
Middlebrooks. U.S. District ludge. Northern District of Florida. 1973-74. Member:
Tallahassee (president - 1981-82) and American Bar Associations (Member:
Bankruptcy Litigation Committee); The Florida Bar (Member: Executive Board.
Family Law Section. 1981-85; Professional Ethics Committee, 1986-1991; Bankruptcy
uee Committee); Bankruptcy Bar Association. Northern District of Florida
(organizing director and treasurer, 1991-1992; President (1992.93); Board Certified,
Business Bankruptcy Law, American Bankruptcy Board of Cenification; Academy of
Florida Trial Lawyers. (Colonel USAR. active duty. 1965-19691. Author:
'IBankruptcy: Support and Maintenance and Competition witb Property Settlementsll
The Florida Bar Journal, January. 1982; Lecrurer, ,1986 Bankruptcy Litigation and
Practice~ Professional Education Systems, Inc., and Business Law and Workouts in
Foreclosures. National Business Institute. Inc.; Contributing Author: The Florida Bar
"Bankruptcy Reorganization and Liquidation - A Case Study". 1986; Contributing
Author and Lecturer: The Florida Bar "Bankruptcy Practice and Procedure for the
Non-Specialist", 1988; "Bankruptcy Practice and Procedurell, 1991. Basic Bankruptcy
in Florida. National Business Institute. Inc.. 1991 and 1993.
5
Cynthia S. Tunniclltr
Administrative Law,
Governmental Law,
Slale and Local
Taxation, Health
Car~ Law
Wimam E. Whitney
Negligence Dqense
Law, Health Care Law
Barbara D. Auger
Marital and Family
Law. Civil
and Commercial
Litigation
William W. Blue
Commercial Utlgation,
RlCO,lnsurance
Utigatlon, Workers'
Compensation Premium
Fraud, Class Actions,
AntitrUSt
E. Murray Moore, Jr.
Real Estate,
Business, Banking,
and Corporate
I
CYNTHIA S. TUNNICL..IFF. born SL Petersburg, Florida. April I, 1946; admitted to
bar, 1911. Florida; U.S. District Coun. Northern District of Florida: Education:
Florida State University (B.S. 1967; J.D., with honors. 1971). Member: Tallahassee
Bar, The Florida Bar (Member. Judicial Administration, Selection & Tenure
Committee: Administrative Law Section; Tax Section); American Bar Association
(Member: Administrative Law Section); Second Judicial Circuit Nominating
Commission, 1980-1982; First District Court of Appeal Nominating Commission,
1990-; Second Judicial Circuit Grievance Committee. 1980-1984 & 1993-; Author,
i'Judicial Review" Olapter, Florida Administrative Practice.
Wll..LIAM E. WHITNEY, born Bryn Mawr, PelUlSylvania. February 15. 1952;
admitted to bar. 1977, Florida; U.S. Disttict Court. SoutheJ:ll District of Florida (Trial
Bar); U.S. Court of Appeals, Fifth Cin:uit; U.S. District Coun, Middle Disbict of
Florida. Education: Bucknell University (B.A.. cum laude, 1974); Duke University
(J.D.. 1977). Omicron Delta Kappa; Phi Alpha Theta. Member: Dade County and
American Bar Associations; The Florida Bar (Member, Trial Lawyers and H~alth Law
Sections); Florida Association of Hospital Attorneys; American Academy of Hospital
Attorneys: National Health Lawyer Association.
BARBARA D. AUGER. born Glenridge, New Jersey, November 10, 1967; admitted
to bar. 1992, Florida; Education: Rollins College (B.A., 1989). Recipient: Algernon
Sydney Sullivan Scholar Award; Member: Omicron Delta Kappa; Florida State
University (J.D.. with honors, 1991). Recipient: The Order of Blinisters; Member:
Moot Court Team (President 1991); Participant: 1991 Starr National Insurance Law
Competition (National Champion. Best Brief Award). Member: The Florida Bar
(Member, Family Law Section. Trial Lawyers Section), Tallahassee Bar Association.
Tallahassee American Irms of Court
wn..LIAM W. BLUE, born Fort Lauderdale, Florida. March 27. 1964; admitted to
bar. 1989, Florida; 1990. U.S. Dismct Court, Middle District of Florida; 1991, U.S.
District Court, Northern District of Florida. Education: Florida State University (B.S..
1986); Cumberland School of Law. Samford University (J.D., 1989). Member, The
American Journal of Trial Advocacy. 1987-1989 (Vol. 12 Research and Writing
Editor, 1988-1989). Member, Henry Upsom Sims Moot Court Board, 1988-1989;
Author. Note. "State v. Williquette: ProteCting Ctildren From Abuse Through the
Imposition of a Legal Duty," The American Journal of Trial Advocacy, Spring 1989.
Member: The Florida Bar (Member, Trial Lawyers Section); American Bar
Association (Member: Litigation, Antitrust. Torts and Insurance Practice sections).
E. MURRAY MOORE. JR.. born Tallahassee. Florida. July 27. 1965; admitted to bar.
1990. Florida; 1992. U.S. Dismcl Court. Northern and Middle Districts of Florida.
Education: Vanderbilt University (B.A. 1987); Florida Stale University (J.D.. wilh
honors, 1989). Member: Tallahassee Bar Association; the Florida Bar.
6
Darren A. Schwartz
Employm~nt Law &
Civil Rights
Herbert F. Clark
Insurance and
Regulatory
Christopher W.
Kanaga
Banking and Securities
Law, Federal Taxation
Saltt Maddox
Corporate, and
Legislative Maners
wnnam VanderCreek
Complex Fetkral
Utigation,
Bankruptcy, Antitrust
DARREN A. SCHWARTZ, born Trenton, New Jersey, February S. 1965j admitted
to bar. 1990. Florida; Addmitted to U.S. Supreme Coun; U.S. District Courts of
Florida. Northern, Middle, and Southern DistriclS: U.S. C1aJrns Court; U.S. Court of
Appeals. Eleventh Circuit Education: Florida State University (B.S.. 1987);
Cumberland School of Law of Samford University (J.D., 1990),.Phi Delta Phi,
Member, American Journal of Trial Advocacy. Director, Trial Advocacy Board,
1990. Co-Author, Amundsen, P.D., Schwartz, "SLAPP" Suits: An Assault on the
Right to Petition the Government, 66 Fla Bar Journal No.3, (March 1992). Member:
The Florida Bar (Trial Lawyers and Employment and Labor Law Section),
Tallahassee Bar, and American Bar Association.
OF COUNSEL
HERBERT FORRESTER nARK. born Orange, New Jersey. December 13, 1943;
admitted to the New York Bar Association and New Jersey Bar Association in 1975,
admitted to the Wisconsin Bar Association in 1976 (not admitted in Florida).
Education: University of Mirmesota (B.A. 1965); University of Minnesota (M.A. in
Public Administration 1968); New York Law School (J.D. 1975). Phi Beta Kappa.
American Bar Association (Member. Tort Insurance Practice; Administrative Law and
Regulatory Practice Sections); New York Bar Association; New Jersey Bar
Association; Wisconsin Bar Association (Member. Non-resident section).
CHRISTOPHER W. KANAGA, born Bronxville, New Yolt, April 6, 1953; admitted
to bar 1979. Colorado; 1980, Massachusetts (Not admitted in Florida). Education:
University of Denver (B.A., 1976; J.D., 1979); Boston University (LL.M.. Taxation.
1980). Member: Finance Committee, Town of Orleans, 1985-1990, Vice Clainnan,
1986-1987. Clainnan, 1988-1990. Member. Colorado, Massachusetts and American
Bar Associations. (Also Member Laraja. Kanaga & Bott, P.C.. Massachusetts).
SCOIT MADDOX, born Hialeah, Florida. March 13. 1968; admitted to bar, 1995,
Florida; Education: Florida State University (B.S.. 1989; J.D., 1994); Member. F.S.U.
College of Law Moot Court Team; Civic: President, Capital City Jaycees 1989,
Named top Jaycee Local President in the Nation, 1989; Youngest Delegate, 1988
Democratic National Convention, Elected as the youngest Tallahassee City
Commissioner in history. February, 1993; Elected Mayor of Tallahassee, March, 1995;
Listed in Outstanding YOWlg Men in America 1990; Florida Trend; People to Watch,
April 1995.
WILLIAM V ANDERCREEK. born Council Bluffs, Iowa. January 6, 1930; admitted
to bar, 1955, Iowa; 1963. Texas; U. S. District Court. Northern District of Texas; U.S.
Court of Appeals, Third, Flfth, Sixth, Seventh, Eighth and Eleventh Crcuits; U.S.
Supreme Court (Not Admi~d in Florida). Education: Iowa State College (B.S.,
1952); University of Iowa. College of Law (1.0., 1955); Yale University (LL.M.,
1959). Order of the Coif. Moot Coun Advisor, 1968--. Article and Book Review
Editor, Iowa Law Review, 1954-1955. AIl University Student COlU1cll, 1954-1955.
Law CleJt to Judge M.D. VanOosterhout, U.S. Court of Appeals for the Eighth
Circuit, 1958-1959, Sterling Fellow. Yale Law School. 1958-1959. Author.
"McDonald's Texas Cvil Practice in District and County Courts:. Supplement Editor,
7
-
Park R. "Randy"
Miller-
Sptctal Consultant"
on Legis/adVt and
Tax Mantrs
David L. Swafford-
Public Utilities'
Rtgulatlon
I.....;j~~~.~""~.:\''''...,.''....,;.'' ..'......c,',.."..,.,""' .., .
1967 supplements volumes 1-4. 1968; "Ronda Civil Practice before Trial," Fourth
Edition, 1983 and "Aorida Civil Practice before Trial supplement to Fourth Edition,
1989, The Florida Bar Continuing Legal Education. Co-Aulhor: Vol. lA Moore's
Federal Practice, 1961 Edition; Vol. 'lA Pan 2 Moore's Federal Practice. 1974.
Research Assistant, 1953-1954, United States Naval Justice School, 1956. Research
Associate, Yale Law School. 1959. Visiting Professor of Law, Unlvessity of Texas,
Swnmer. 1970. Professor of Law: Southern Methodist University 1959-1968; Florida
Stale University College oflawi 1968--. Course Director, Comparative Policy Studies,
Inter University Center for Post Graduate Studies. Debrovnik. Yugoslavia, 1983--.
Member Yugoslav/American JoInt Advisory Council, Florida State University. 1983--.
Member: State BarofTexas; American Bar Association; American Judicature Society.
Also of Counsel to 010ate & Lilly, A Professional Corporation. Dallas, Texas).
SPECIAL CONSULTANTS
RANDY MD..LER, born Tallahassee. Florida. April 9, 1947; Education: Florida State
University (B.S. 1969); United States Anny Officer 1969-71; served as Executive
Director of the Florida Department of Rev'enue from 1979-88; served as President of
the Southeast Associatiol1 of Tax Administrators; served on the Board of Directors of
the National Association of Tax Administrators; served as Chairman of the Sales Tax
Study Commission; served as Co-Chairman of Telecommunications Task Force;
served as a member and Chainnan of the Investment Advisory Committee to the State
Board of Administra'tion; was selected as "Outstanding Young Man" 1980 by Capital
Jaycees; was listed in Who.s Who in the South and Southwest. .Not a member of
tht Florida Bar.
DAVID L. SWAFFORD. born Cleveland, TeMessee, January 20, 1938; Public
Service Commission (1962~1993), Executive Director (1977-1993): Education:
University of TeMessee (B.S.. 1960). Member: National Association of Regulatory
Utility Commissioners (Staff Subconunittee of Executive Directors, Subcommittee on
Utility Business Practices 1972~1976); Public Utilities Research Center, University of
Florida (Executive Committee); Power Electronics Council, University of Florida.
.Not a member of the Florida Bar.
8
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C\K1- Q I-f- - S'b -t I P "d
, ,,1 ua 1 lcatlol1S U 1111 ta to rOVl e
'Lobbyillg Sel'Vices to the,
City of Cleal'1watel'1
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Proposal
, August 1, 1996
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Contact Person: Ronald Villella
311 East Park Avenue
, Tallahassee, Florida 3230 I
'(904) 224N5081
(904) 222-6800 Fax
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Plan and Proposal
Sl11ith"Bryan, and Myers History
. and Experiences
!(eyPersonl1el Qualificatiol1S
Referellces
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Myers
'Transmittal Letter
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'\11 I ,(~:ltly Smith & 1\~~IH:i:lIt'.~ {:OI11P:lIIY
August I. 1996
, . -,Mr., George McKibben
. ,Purchasing Manager
City of Clearwater
, 100 S. Myrtle Avenue. Third Floor
Clearwater, Florida 346 t 6
Dear Mr. McKibben:
The following material constitutes the fie-rids finn of Smith. Bryan and Myers, Inc.'5
response to the city ofCtenrwater's Request' for Qualifications to represent the City's
interest in the State ,Legislature and other required lobbying efforts on the city's behalf.
. This correspondence is Smith. Bryan & Myers' confirmation of its full understanding of
, the work to be done and our commitment to perforri} the work within the designated time
period. We look forward to meeting you and the members of the City staff and the
Commission to further discuss our proposal. Any additional information or material that
you may require can be made available by contacting Ron Villella at 904~224-5081.
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We are eager to work with the City and hope to hear from you soon.
Sincel'c!Y,
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Ronald Vi11ella
Vice President
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Plan and ProJlosal
It is the firm's policy to designate a professionnl on staff as the lead for each account so
that ultimate accountability is provided. That professional would be Ron Villella.
However, the firm operates on a team approach, as no single individual can be effective
with every Cabinet officer. Legislator or staff member. Each member of the firm must
attend daily briefings so that eac~l knows what is happening on n daily basis.
TIle firm also establishes a work plan br each client that is committed to paper and
evaluated at each time deadline. For e:mmple should the City contract for lobbying
services by September 5, 1996, a suggested schedule would include the following:
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Meet with ci:y officials to become
educated on cities' goals and objectives.
by September 1996
Review and help prepare draft of
legislative priorities
by October 1996
, Legislative priorities of
Mayor and City Council to be approved
by October 1996
4. Meet with House and Senate members
from CJeanvater area as possible sponsors
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After November Election
1996
Presentation to local Legislative
delegation
First meeting of Delegation
Meet with Senate President/staff
by January 1997
Meet with House Speaker/staff
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by January 1997
Meet with key committee chairs
by February 1997
Meet with Lt. Governor, Governor/staff
by February 1997
10.
Meet with Executive Directors and
Secretaries of key agencies
by Februnry 1997
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11.
Meet with Florida League of Cites
by February t 997
12.
Meet with Florida Association of
Counties
by Fcbl'lHlry 1997
13. Follow legislative proposals. initiate
amendments. revisions And coordinate
favorable review of legislative enactments
with Governor's staff.
Mnrch J 997 -
May J 997
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14.. ' Regular meetings and coordination of
effort with appropriate local and State
offi,~ials at City's request on City's behalf
relative to permits! grants applications to
State executive departments, State
Cabinet and Cabinet agencies.
As needed throughout
contract
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Fees
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, For the provision of professionallegisJative consulting services as set forth in the City of
Cleanvater's Request for Qualifications. Smith, Bryan & Myers proposes a fee of $40,000
payable in 12 equal monthly installments. Additionally, the City would be responsible
for the reimbursement of all reasonable and necessary out-or-pocket expenses incurred by
Smith, Bryan & Myers with prior approval of the City's contact person.
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The fee proposed by Smith, Bryan & Mye~s is a set annual retainer payable in level
installments. Smith, Bryan & Myers has determined that such set fees Are the customary
and most mutually satisfactory fee arrangement as there is no predictability of hours
required in any given legislative session. However if the City desires n different fee basis,
the following information is provided for additional consideration:
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Professional Staff
$150 per man hour
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Clerical Staff
$35 per man hour
Overhead
20 percent
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Profit
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~stimated out-or-pocket costs
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Esdmate of total annual costs if
charged on hourly basis
[$68,090]
FEE PROPOSED
$40.000
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Smith, Bryan, and Myers History and Experience
Smith. Bryan & Myers. Inc. is a governmental relations consulting finn that has
represented clients before the Florida Legislature. Executive Bmnch and Cabinet since
1981 when founded by L. Garry Smith. Governor Bob Grahnm's first Chief of Stnff. The
firm's principal lobbyists hnve extensive state and local government bnckgrouuds which
have been utilized to provide complete and successful representation to Fortune 500
business. state associations. not-for-profit corporations, community interests and locnl
governments.
Smith, ,Bryan & Myers provides representation over a broad spectrum of subject areas and
is routinely engaged within the legislative arena in the appropriations pJ'Ocess~ finance and
taxation, environmental and gro\\1~ management issues. collective bargaining matters.
health care developments. and judiciary committee deliberations. Additionally, because
of Smith. Bryan & Myers principals' familiarity and prior service to the Florida Cabinet
and executive branch, clients have requested representation before state agencies on
specific permitting or poHcy decisions. Smith, Bryan & Myers principals have a
combined level of govemmentaJ experience in excess of 3 5 years.
Smith. Bryan & Myers has developed a highJ)' detailed methodology for providing
competent representation. This methodology includes the utilization of work plans and
spf.cification oftasks that need to be undertaken. This methodology 0150 involves the
powers of retrieving sufficient information from the client to effectively communicate the
,client's goals to the appropriate decision-makers for implementation. It is Smith, Bryan
& Myersf full year process that results in a high success rate. Extensive preparatory work
is the key to well-craned public policy.
An indication of Smith, Bryan, and Myers past performance is its length of tenure with its
client base. That is, most of the firm's clients have been represented by Smith. Bryan,
and Myers for five years or more. The long-lived nature of these client relationships may
be the single most important reference.
Another indication of performance should be the complexity ofissues handJed by the
firm. To that point, Smith. Bryan, and Myers has coordinated the lobbying effort for
issues of state-wide impact. Two such examples Were the passage of the Natural Gas
Transmission Siting Act and the Professional Sports Franchise Facility Act.
The Natural Gas Transmission Siting Act was complex duc to the multi-jurisdictional
nature of the legislation. Significant negotiations between cities, counties, water
management districts, the Public Service Commission, the Department of Environmental
Regulation, private land-owners, public and private utility companies, environmental,
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industrial and consumer interests were nc. :essnry to develop the legislative framework
required for the interstate transmission of 'mturnl gas into this state.
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TheProfessionnl Sports Franchise Facifity Act wa~ also n complex piece oflegislation to
create. Through the coordination of community interests and local government support, a
multi~mimon dollar economic incentive package that went directly to the facility (which
would become part ofthe focal govemmcnt's infrastructure) was passed and has been
utilized by three Florida cities to attract new major franchises.
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, Smith"Br)'an. and Myers reports on its performance to its clients on a routine basis and
provides nn extensive report at the end of each legislative session. An excerpt from this
'type ofreport and a snnpshot of Smith, Bryan, nnd Myers past perforlnnnce on bchalfof
the City ofMianii'Bench is included.
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Uc:!t' thlynt "t'ul11h~t,~ I H(!lllh~I'':; n r tht!
CHy f.(II/IIJ11s!;lnn, City ";'ItI~'let
nub ~A Hdu~. and ^~~ h lnut tHy
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u,utl1'~ COV"" of t,hlt; lrn"!t', vnll \'tn1 flfI" ;t tf'f1nrt r,Il1Illll:nl1lny
i1r.tfvHlcs "udr,'tah:!lI "r f,fln Iftm f1f r.. Gl1,ry t;mtl.h A 1\~,;"cI,1l"l;. Jnr..
on behaUor the CHy or Hln,"' nfH'ch rlm-'ng 'he ]9n5 1P.qf!lli1Uve set;s1on.
In "evtewflHf lh~ ""prn't , h'!1teve VOlt Hill r.nnr1'1f1e t.hol, '.hr City
of rHalTl' neadllmjn}'p.d vet'v fRVOl"i'h1e ft'p.iHm~nt hy Ihp. tlnt'ffli1 ~b'llp
Jp.glshllurp.o CedafnJy, n,H' efrfJf'ls have "~ell [ll'ril' J}' rl1r.11 Hot.nrl by
"he ':ol1l1nhstonls Ilt'nvfshu, of !;l''!r.trl~ '''rcd-h''" 'f!lilUvI! '"~ t"lIhb,-
t tv~ rw lor H 'e~' tUut It)' t,he r.rmUnued e1.cP-' 1 r.nt CflmllllJn I en f ton u I til the
tHy "i1n~nget. and st.arr.
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hu,,' tot. the hl1f1rovr!menl nr IshtH' VIt!tI ri1'~,; ~ JlfjU,rJun nJ:)f.rhflH' flll1"
fOJ' rltlehee rat'kJ a U!1n,UUU h1i1h:"'ng 'IInrl 'ot' lh~ e~t.n'" 1~hnJl)ni nr All
urbnn n"nf-~~t'k nt I!p.h~r~n In",,,,'I;; ft mrnt? rtetfnltlvr. cnn"ldt,ll1~nt i11lt! t,lI!:!
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t:ha ~ltVl' Uut. tnn~t t,,'ngll"n~ 1'l]Ssngn "r n,"'Hlon"' 111 It II fcfI'il, t;1...,htg
authot'lbi to Ptt!th'~ mUrt'r.I"l'I'Hle~ In t'''r.""" "t!VrlI"'''S ,.@sulU"9 (".im the
I\UT rffvl:!sHh".tt; I!nd th~ ,1r!'~l1t ot r;QIl1I',,"p.UtS ,1f I1lnJol' '!"Igl~liltfnn lImt
hnp8 ft'(!d trH~ ,'nun Ie f "a 1 fly I!; H ghl 0 f l flea' elf! t, t!t nr I flit U on.
UP. ey.l"~r:" ~h~t ~'ou "dgM tr'1'I''''! nllt' l1sr;tr;h"c~ rfl",tllg fhn hi1l:JJ1I::p. or
fhp. yent' tJ lP.1t ~I;'t1y of trIP. 'tt't't't BillS f':tss~,1 rJut'tug the lr.gts1nU'IP Sf't;stnn
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spec ff fcs, we s taud t'eill'Y to 'f:lspnnd.
tie hnve en.loy~,J t.llt' "t'f'ot .""lty to ""f'I'P.SI!t1t t,he f:lly nr "1nmt n~;'lr.h
flui-fng nH~ 19n1j 'e9hl"Hv~ S~s,;fnH "",I '"O~ ff1Hmnl t,n thl! r.nnt.IIIlIiltlnn
or our t"efJresen~lJtton r",dug the fmlMtc~ or 'he yP.;t,'.
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a'i lit'! smo(lth r.nnt'.IIIl""ult "'1'1 {'flll1lr'lInlrllUlIlt ul'll "," eft;. rt:tJli'lw~r's
fHrlc~, 1 he1tt!Vt! l'nll Hltl r;nuchld'" t1HJt lhls \'HlS nllnl,h!!,' sllr:r:(I~sfll'
yeat. In accomJllls"Ing lit(! f;lty's tf!tjfsliJlIve ~l"ilh.
n~'f!Vr\llt hlghllghtc: nt '-fir'! tr!9hlnt Ive ~flc;t;lOH hlr.lurlp lhe !illcrp'r;~-
rull,~-;sitgf! of t,he tev'~f!r.t rnnvput,Inn ,levf!ll:1pmr?llt "l:!'\fll" lil~ hl1f, tlm
conUnur:!tl fund'''!I or thl! ~nv~ f1ur tu:t~t. "rnqtit111 ill l~vol!; 1"'?'I"I..ed tn
'nsu...~ th~ Uot'lh SllOt'l! :u:'1uIs1llo1!, flu,I nIP. lf1~l',:lilt.tvf1 r.1:ntrlcaUun
t ha t a 11!:?\'f' y ttl;?A led rtll111mmlt y l'I!~'nvf! 1 fll'I11I'!Ut. 11 !.1""C}', 115 "1'1'1lt;etl hl lha
C;UYt ~s!;Ul!les any "M"lHIr.~ nf n sucr.esspt' agPflcy. rUt'thl!I', s(1r:'cfflc
n J11,,.optl a t h1U~ ""ft'" 9 to l h~ 11(1 fie f It fl r t lip. (; It y 'nr1l1l'~ n '21HJ UUIJ
n\atch Ing fund e~ lahl Ishr?1 fof' tlm 1111'" ovemenf. n r tll1111t1llS 'Iin~.. n i~fJ ,unu
lOf;at1on feD~'hI1Hy ~lulJy fot. thr! 51H1l.h tlOrldil ~r.hun' nf r~..f"'mI1l9
i1l1d V tsun 1 nt,f.!; I arid i\ lflun ,lion n(lf'i1t"lnl~"1. 0 f ll;t t tIt'i11 Itpt;llllrr:es furull ny
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$lIgge~Untt that. OUI' fltn' tlf! Iwttrtt'i,t In "~'n'7.p.11 fnllll of "", In~ttf!t.s
thnt yuu wish us to ."rrr." ilt.lf?l\f,lm to ,IIIdt1\1 llll' ":11;)',,"11 uf 'h~
J'e"t". ru,.tlu;!r, J hi1vp. h:t,f ~evnrrt' Inl'!p.ffuyo; Httl. U,,., t:"yt~ P!,.t'r.o;l'!ntit-
Hve!l: 1'1 whlth 1 hnVf! . "'1','!s'"d till' ~t\dy "'ellUffcnUul1 ""', pt"fodU-
zaUon or next yei1r'~ ltJghllttfve fssues.
H "'"It'd bp. tny !>hrltHll'er.OI"memlllttol1 ltHlt Ihe fT1n~ltf1~' 'n r.stnhltsh
If'!ghlatlve f1t'1ndUe!l 'I~ "r'ft tin "H~t thi1ft 'h~ flrs'!. nf lI"r"lJIl.lf?r.
,,~ ,.,nt of course ht! ftvAt1ohlo tut" RUy such me(~lfng tr YOll should tP.-
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Qualifications
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Qunlilicntions nml Experience
The complete resllmes of all of the members of S8M has been included for your review.
The majority of work will be performed from our Tallahassee office located at 311 East
Park Avenue. Tallahassee. Florida: 32301. The firm of Smith, Bryan and Myers, Inc. was
established in 1981 by L. Garry Smith. Listed below are all the firm's professionals that
will be available to serve as its City lobbyist for the Legislature and the Executive
Branch.
L. Garry Smith, Jr.~ Garry Smith has over 20 years of experience in dealing with the
legislature and with the Executive Branch. He formed the finn of L. Garry Smith and
Associates Inc. ( now Smith. Bryan and Myers) in 1981 after serving as Chief of Staff to
Governor Bob Graham.
Ron ViJlella~ Ron Villella has over 15 yeurs of govennnent experience at the state level.
He has also served as a Mayor and City C>t1l1cil member in South Florida. He joined the
firm in 1993 after having served as Chief l)f Staff to Attorney General Bob Butterworth
for the seven previous years. Ron Villella \:\'ill serve as the lead lobbyist for the city of
Clearwater for both the Legislative and the Executive branch of State Government.
Julie S. Myers~ Julie Myers is the firm' s General Counsel. Before joining the firm in
1983, Ms. Myers worked in the real estate and tax division ofthe Fowler White law firm
in Tampa. Her expertise in property related issues and tax related issues would be
invaluable to the City.
" Matthew A. Br)'sn- Matt Bryan joined the firm in 1984 and has been responsible for a
. , wide variety of client issues since that time. He was the team lender on the 5 successful
years this linn represented the city of Miami Beach. Matt Bryan became President of the
firm in 1993.
Carole Duncanson - Carole Duncanson has been working with Smith, Bryan & Myers as
a consultant since November 1995. She moved to the private sector after serving as n
legislative aide for Senate President Jim Scott and therefore is highly knowledgeable of
the City's concerns. CaroJe Duncanson has extremely close ties with virtually all key
Republican decision makers.
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L. GARRY SMITH
L. Garry Smith founded Smith, Bryan & Myers in 1981 after serving :is Chief-of-Staff to
Governor Bob Graham. As Chief-of-Staff, he was responsible for directing the policy,
budgetary and legislative goals for the Executive Branch of Florida's government. He also
chaired the little Cabinet, which gave him oversight authority for the agencies of Florida's
government.
Additionally, he has served as:
.Senior Vice-President ofPoe and Assodates, a large insurance and financial plan-
ning firm.'
, .~ampaign Manager for Governor Bob Graham's campaigns for Governor in
, 1978 and 1982.
· Floridas representative to the Southern Growth Policy Board, Southern
Governor's Association and the National Governor's Association.
.Member, Board of Trustees for the University of Tampa.
.Managing Director with the investment banking firm of Smith Barney Shearson.
· President of Planned Management Corporation. providing consulting and man-
agement services to local governments throughout Florida.
.Assistant Director of the Model Cities Program for the City of Tampa, Florida.
· Director of Program Development for the City ofTampal Florida.
.Chairman of the Hillsborough/Pasco County Manpower Area Planning Council.
1. Garry Smith attended the University of lamp a where he studied Business
Administration. He also actively pursued studies in Program Planning and Budgeting
Systems, Management Information Sysrems and Commu~icarion Planning and Evaluation.
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MATI BRYAN
Matt Bryan joined Smith, Bryan & Myers in April of 1984. He was named President of
the fir'm in January of 1994. Prior to joining the firm, he served as a special assistant to
Lt. Governor ~ecretary of Commerce Wayne Mixson. In this capacity, he was responsi-
ble for constituent relations and liaison between the Lt. Governor's Office and the
Department of Commerce. He began his career as an aide to Governor Bob Graham in
1982 and was a consultant to the: Graham for Governor Campaign in the same year.
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Since joining the firm, he has successfully coordinated advocacy programs for many of
the: firm's clients, including:
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· Legislative passage of a significant tax exemption for professionaJ sports franchise
facilities.
· Legislative passage of an inter-track wagering system for Florida pari-mutuel
facilides.
· Legislative passage of a statewide program of credit card acceptance in all of
Floridas state and local governmental agencies.
.Securing several submerged land leases and development permits from the
Florida Cabinet.
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· Assisting multiple clients in obtaining large contracts with the state. including
, the on-line games contract for the Florida Lottery. the aUto emission inspection
contract for northeast Florida and the contract for statewide processing of state
and county generated credit card transactions.
· Directing the firm's fundraising efforts on behalf of legislators. local officialst
Cabinets officers and Governors.
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Matt Bryan auended the University cifTexas at Austin before receiving a Bachelor of Arts
degree from the University of Florida in 1982 in Political Science, with an emphasis in
Public Administration.
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JULIE S. MYERS
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Julie S. Myers'joined Smith. Bryan &: Myers in 1983. She was named Vice-President of
Administration and General Counsel for the: firm in December of 1991. Prior to joining
,the firm, she was an ~sociate with Fowler, White, Gillen, Boggs. Villareal & Banker
where she practiced real estate, tax and corporate law. She is a member of the American
Bar and die Florida Bar.
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Since joining Smith, Bryan & Myers. she has successfully coordinated the legal and man-
agerial requirements for many of the firm's dients. This includes:
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'Serving as projecr manager on client representations that required extensive state
agency and departmental cooract.
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· Representing the firm's clients in maners of legal analysis, technical treatise draft-
ing. legislative bill drafting and legislative legal processes.
~ DeVeloping the expertise of the Florida Administrative Code which governs the
implementation of Florida Statutes as well as purchasing. procurement, grants
and contract requirements for state agencies.
'Serving as the firm's chief acCOUnt executive for Fortune 500 dients where she
effectively identifies and coordinates all corporate resources that may be available
to achieve the client's legislative or procurement goals.
· Preparing firm and client written and testimonial presentations required before
state ex~cutives, legislative committees and members, the Florida Cabinet and
state agencies.
· Representing the firm's cliems as a well-regarded advocate before the Florida
Press Corp and state editorial boards on dient issues.
Julie S. Myers graduated Summa Cum Laude from the University of South Florida with
a Bachdor of Arts degree in Finance in 1976. She earned a Juris Doctorate degree from
Florida Stetson College of Law in 1979.
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RONALD VILLELLA
Ronald Villella joined Smith, Bryan & Myers in 1993 as Vice-President. Prior to joining
the firm, he successfully managed the statewide campaign of Florida Arrorney GeneraJ
, Bob Buttenvorm and became his Chief-of-Staff after the election. In this capacity, he
supervised a departmental staff of 800 and the development of all legislative, Cabinet
and administrative priorities for the Department of Legal Affairs.
He began his politicaJ and governmental career in 1972 when he was elected to the City
Commission of Pembroke Pines, Broward County. Florida. He subsequently was elected
the youngest Mayor of a major city in that county. He served as the South Florida
Coordinator of Governor's Bob Graham's first campaign and Deputy Campaign
Manager during his successful re-dection campaign.
He served as Governor Graham's first Director of Administration, managing the daily
operations of the Governor's Office and was then appoinced Director of the Division of
Labor, Employment and Training within the Department of Labor.
Since joining the firm, he has directed many successful and administrative efforts on the
behalf of the firm's clients, including:
. Representing a client in obtaining a contract to manage a comprehensive finan-
cial portfolio for a local government.
.Securing a contaCt to provide health' care service for the Department of
Corrections.
.Advising and representing clients on a variety of issues before the Florida
Cabinet, including state revenue and tax collection issues, environmental per-
mits, land buying programs and highway safecy issues.
.Offering an extensive knowledge of state and local government political and
public policy issues and the impact they have on businesses.
Ronald Villella graduated from Tallahassee Community College before attending The
Citadel Military College on a football scholarship in 1965.
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CAROL DUNCANSON
Carole Dunc~on joined Smith, 'Bryan & Myers in November of 1995 as a joint-venture
partner. Prior to affiliating with the finn, she served as senior legislative assistant to
Senator Jim Scott. In this capacity, sbe was responsible for the Senator's personal
legislative agenda, constituent relations, appropriations issues and acting as comnnmity
liaison. She began her career in the legislative in 1982 as a legislative assistant to State
Representatives Ted Ewing, Bob Shelley and Carl Ogden.
She was active in the Republican Senate Campaign which led to Senator Scott becoming
President of the Florida Senate in November of 1994., She has been actively involved in
~timerous campaigns on the city, county, state and federal levels.
Her career also includes a background in fundraising and special event planning having
served as Director of Income Development for the Broward County Units of the
, American Cancer Society and as a Special Event Coordinator for Crew Public Relations.
Carole graduated from Emory University with a Bachelor of Arts degree in both Political
Science and French in 1982.'She has attended the Alliance Francaise in Paris, France and
is taking course work toward her Masters Degree in Political Science at Florida Atlantic
University.
311 E. P:ark Avenue' Tallahasse~. FL 32301
(904) 224~50BJ . fAX (904) 222.6800
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References
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, References
1. Aseptic Packaging Council (APC) - The APC is a trade Association that promotes
the llsage of aseptic packaging as an environmentally superior packaging
alternative. we were successful in securing hundreds of thousands of dollars in
recycling grants for the APe.
Marshall Cohen
APe
2 t II Wilson Blvd.. Suite 700
Arlington, VA 2220 I
703~351 ~5062
2.
Corrections Corporation of American (eCA) ~ eeA is the nations leading private'
prison company utilizing private companies to finance. buiJd Hud manage new p
prisons for State prisoners. We ha Ie been successful in securing such state c
, contracts.
John Rees
102 Woodmonnt Blvd. Suite 800
,Nashville, TN 37205 '
'615-292-3100
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Escambia County ~ TIle firm represents The County in various I~latlers before the
Florida Cabinet and Legislature. '
David Tucker
County Attorney
,Escambin County
223 Palafox Place. Room 300
Pensacola. Florida 3250 f
904436-5450
Florida State Pilots Association (FSPA) - The FSPA has had various needs
legislatively over the IS years that this fiml has represented them particuJarJy,in
, the areas of licensuret coastal protection and boating and vessel safety issues.
Captain Gary Maddox,
5140 San Jose Street
,Tampa, Florida 33629 ,
813.288~0916
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New York Yankees -This firm has represented the New York Yankees for 15'
years before the Legislature on many issues. The latest was acquiring additional
fUl1ding for a pedestrian bridge to the new spring training fncility in Tampa,
, George Steinbrenner
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Suite 890
Tampa. ~lorida 33607
'813-281-900 I
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Agreement
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AGRF.El\lENT Fon LOBB\'fST SERVICES
THIS AGREEMENT is 1l111dc this _____,__dny of ____u_ " 1l)t)6. hy nnd betwcen
Smith. Brynn and l\lyers. fnc.. 0 Floridn cOl'porntiof1. whose mnilillg nddn,'ss is J II E,
Pork, Avenue. Tallohnsscc. FIOI'idn 32301. hcrcinoficl' l'cfelTed to liS "SUM. Inc," nnd Cily
ofCleorwater. n politicol subdivision orthe Statc or Flmidn. who$C mniling nddl'css is
J 00 S, Myrtle A \'etHlc. Jld Floor. Clcnnmtcr. Floridn 34616. hCl"Cinuncr I'crclTl'd to ns
liCit)''',
\VIT ~ESSETII:
WHEREAS, SBM. Inc, is a Florida bosed government relutions firm rcpresenting
clients before the United Stotes Congress. \he Florido Legislnturc. stnte nlld fedel'ol
administrative agencies. the Florida Govemor nnd Cnbinet.
WHEREAS, the City is in need of I'eprcsentntioll by a pro fcssional government
relations firm for the purpose of ndvancing its financial nnd prognlf1\mnt ic needs at the
federal and state level of government, and
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WHEREAS, the City issued n Request fOl' Qunlificntions for lobbyist services and
on . the City of Clenrwater approved retnining the firm of
S8M. Inc. as the City's lobbyist
NOW THEREFORE. in consideration of the mutunl tenus nnd conditions
contained herein and other good and vnluable considemtiol1, SUM. Inc. nnd the City ngree
as follows:
1. TERM. S8M. Inc. ngrees to provide professionAl representation to the City ns
nn independent contractor. for 8 tcrm of , commencing em
. and ending on . NOlwithstnnding the
foregoing. the parties agree continuation of this Agreemcnt beyond the first
year shari be contingent on the Board npproprinling adcqufltc funding.
2. SCOPE OF SERVICE, SBM, Inc, ngrecs to provide professionnllobbyist
services nnd represent the Cit)' in mntters where such rcpresenlntion is needed
by the City, SBM. Inc, agrees to direct questions regarding the City's necded
services to the City Mnnagcr, City Attomey, or Mnyor unless otherwise
directed by these individuals. SBM, lnc agrees to use its best efforts in its
representation of the City. City understnnds that SBM. Inc. cnnnot
guarantee certain results wil1 be obtained. Anticipated nrens in which
representntion of City mny be required include locnl 01' specinllnws. solid .
waste mntters, trnn'iiportalion facility financing And funding issues Ilt both the
state and federal level, growth mnnAgcment issues lInd other ledernl nnel stAte
issucs which mny concern the City.
3. FEES & BILLING. In exchange for SOM, Inc. performing professionnl
lobbyist services. the City agrees to pay S13M. Inc. nn anntlnl rec of Forty
TIlOltsnnd Dollan; ($40.000.00) to be paid in equal monthly instnlhncl1ts.
SBM. Inc. agrees nil reimbursable travel expense requests !dHll1 comply and be
used in accordance with Chapter I 12. Floridn Statutes. City reserves the right
to audit S8M. Inc.'s records regarding reimbursable travel expenses upon
reasonable notice.to SOM. Jnc.
4. TERMINATION. Either party may terminate this Agreement for breach of
any provision contained herein upon 30 days notice to the other pOliy.
5. CONFLICT OF INTEREST. S8M, Inc. agrees it shall not contract fill' or
accept employment for the performance of any work or service with any
indi\'idual. business, corporation. or go\'ellllnent unit that would create a
conflict of interest in the performance of its obligations under this Agreement.
S8M. Inc. further agrees it will neither take any actiol1l1or engage in any
conduct that would catlse any City employee or otlicial to violation the
provisions of Chapter 112, Florida Statutes, relating to ethics in govemment.
6. 'INDEMINIFICA TlON. S8M, Inc. shaH indemnify and hold harmless the
City of Clearwater. its elected and appointed officials, employees, volunteers,
representatives and agents frol11 any and all claims, suits. actions. damages.
liability and expenses arising from or relating to any wrongful act or omission.
whether or not the same constitutes a breach of this Agreement or is
, committed in the course ofpe' forming S8M's duties hereunder, which
are considered de~'lInntory, libelous, discriminatory or otherwise unlawful.
7. ENTIRE AGREEMENT. 1l1is Agreement contains the entire Agreement
between the parties and supersedes all prior oral or written agreements. 88M.
Inc. acknowledges that it has not relied upon any statement, representation.
prior or contemporaneous written or oral promises. agreements or warranties,
except such as aTe expressed herein. The terms and conditions of this
Agreement can only be amended in writing upon mutual agreement of the
Parties.
8. COMPLIANCE WITH LA W8. S8M, Inc. agrees to comply with all federal,
state and locallnws, rules, policies, or guidelines related to performance of
this Agreement, including apPl'Opriate governmental entities as well as making
all necessDf'Y lobbying reports in t1 timely manner to the proper authorities.
9. MISCELLANEOUS. lfany term or condition of this Agreement shall be
invalid or unenforceable, the reniainder of the terms and conditions of this
Agreement shall remain in full force nnd effect. This Agreement shall be
construed in accordance with the laws of the State of Florida. This Agreement
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shan not be more strictly construed against either pArty hereto by reason of the
fact that one party may have drafted or prepared any or all oCthe terms and
provisions hereof.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the
day and year first written above.
SIGNED, SEALED AND DELIVERED
IN THE PRESENCE OF:
"
CITY OF CLEAR WATER. FLORIDA. by and
through its duly authorized, by the Mayor and City
Commission
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SMITH. BRYAN AND MYERS. INC.
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By: Ron:lld Villella .
Title: Vic( .President
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STATE. OF FLORIDA
CITY OF CLEARWATER
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. ,TIle foregoing instrument was acknowledged before me this __day of
, 1996 by , as of Smith, Bryan & Myers, Inc. He is:
U personally known to meJ or U has produced as identification.
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(affix notarial seal)
Notary Public
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Commission Number:
My Commission Expires:
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Member of Senate
Senate President Designate
Chairman of Finance and Tax Committee
Vice Chairman of Finance and Tax Committee
Chairman Governmental Operations
Vice Chairman of Rules '
Chairman of Joint Committee APA
Chairman of Pinellas Legislative Delegation
Legislative Member on Constitution Revision
Commission on Finance and Tax
, Governor's Commission on Marketable Record
Title Act
Chairman Study Commission on Auto Emissions
Chairman of Study Commission on Long Term Care
Environmental Land Management Study Commission
Chairman of Columbus Quincentennial Commission
Chairman of Florida Sesquicentennial Commission
150 Years of Statehood
1994 Miami Herald Most Effective Member of Senate
1993 Miami Herald #2 Most Effective Member Sen'ate '
1992 Miami Herald #4 Most Effective Member of Senate
1991 Miami Herald #3 Most Effective Member of Senate
1990 Miami Herald #3 Most Effective Member of Senate
1988w1994 FCA Award
1984-1994
1996w1997
1993
1994
1986w1990
1993
1986, 1988, 1992
1989
1992
1985
1988w1989
1994w1996
1992
1992
1995
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Member of House
Minority Leader
Chairman of Joint Committee on APA
Runner-Up Allen Morris Award for Most Effect
Member of the House
NCSL Chairman of Fiscal Affairs and Oversight
Committee '
NCSL State-Federal Relations Assemby
Member of Electoral College
Governor's Commission on Property Rights
Chairman of Pinellas Delegation
Outstanding Republican Legislator of the Nation
Public Service Commission Nominating Council
STP.129132
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1972-1982
1978-1982
1979
1980
1979
.1980 and 1981
1980
1974
1976 and 1977
1982 (1 of 10)
1978w1994
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1992..1994
. Community Affairs
. Chairman of Finance and Tax
Governmental Operations
Natural Resources '
ViceMChairDlan Rules
Chairman Joint Administrative Procedures (APA)
1990-1992
Community Affairs
Finance and Tax
Governmental Operations
, Reapportionment
'APA'
HRS
, 1988M1990
Community Affairs'
, Economic, Professional, Utility Regulation
" , Ethics and Elections
Finance, and Tax
,:, Chairman Governmental Operations
, Rules'
, Transportation
Chairman APA
1986..1988
Executive Business
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Finances and Tax
Chairman Governmental Operations
Transportation I, ,
APA
1984..1986
, Finance and Tax
Governmental Operations
Judiciary Civil
Judiciary Criminal
APA
STP.129132
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An L. Garry Smith & Associates Company
R -ec\l
Fi~m Biography
S~ith, Bryan & Myers is a Florida-based governmental and business consulting
firm offering specialized services and expert representation before Florida govern-
menr. Founded by 1. Garry Smith in 1981, the firm has grown ~o become one of
Florida's premier governmental relations firms.
Through its meticulous understanding of Floridats government and its intense
standard of total client commitment, Smith, Bryan & Myers has successfully rep-
resented large corporations, associations and trade groups before Florida's execu-
tive and legislative branches, state agencies and local governments. This knowl-
edge of government insures its clients access to the process of government.
The individuals that make up Smith, Bryan & Myers have served in senior posi-
tions for Florida's Governor and Cabinet, Legislature and state agencies. Their
collective experience gives their clients a unique advantage when seeking success-
ful solutions to business problems.
Smith, Bryan & Myers is the firm best able to meet your needs for professional
governmental relations.
Smith,
':/;~ Bryan RONALD VILLELLA
& Myers
311 E. Park Avenue. T aIWm~ec. FL 32301
(904) 224-5081 . FAX (904) 222.6800
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L. GARRY SMITH
L. Garry Smith founded Smith, Bryan & Myers in 1981 after serving as Chief-of-Staff to
Governor Bob Graham. A5 Chief-of-Staff, he was responsible for directing the poliCYt
budgetary and legislative goals for the Executive Branch of Floridats government. He also
chaired the little Cabinet> which gave him oversight authority for the agencies of Florida's
government.
AddidoriallYt he has served as: .
.Senior Vice-President ofPoe and Associatcst a'large insurance and financial plan~
ning firm.
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'Campaign Manager for Governor Bob Graham's campaigns for Governor in
1978 and 1982.
, ,
· Florida's .represemative to the Southern Growth Policy Boardl Southern
Governorts Association and the National Governor's Association.
· Member, Board of Trustees for the University of Tampa.
. Managing Director with the investment banking firm of Smith Barney Shearson.
. President of Planned Management Corporation, providing consulting and man-
agement services to local governments throughout Florida.
. Assistant Director of the Model Cities Program for the City ofTampat Florida.
. Director of Program Development for the City of Tampa> Florida.
'Chairman of the HiUsborough/Pasco County Manpower Area Planning Council.
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L. Garry Smith attended the University of Tampa where he studied Business
Administration. He 3150 actively pursued studies in Program Planning and Budgeting
Systems, Managemenr Informacion Systems and Communicarion Planning and Evaluation.
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MATI BRYAN
Matt Bryan joined Smith; Bryan & Myers in April of 1984. He was named President of
the firm in January of 1994. Prior to joining the firm; he served as a special assistant to
Lt. G~vernor Secretary of Commerce Wayne Mixson. In this capacity; he was responsi-
ble for con'stituent relations and liaison between the Lt. Governorls Office and the
Department of Commerce. He began his career as an aide to Governor Bob Graham in
19,82 and was,a consultant to the Graham for Governor Campaign in the same year.
Since joining the firm, he has successfully coordinated advocacy programs for many of
the firm's clients, including: '
· Legislative passage of a significant tax exemption for professional sports franchise
facilities.
. Legislative passage of an inter,-track wagering system for Florida pari-mutuel
facilities.
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. Legislative passage of a statewide program of credit card acceptance in all of
Florida's state and local governmental agencies.
.Securing several submerged land leases and development permits from the
Florida Cabinet.
"Assisting multiple dients in obtaining large contracts with the stare, including
the on-line games contract for the Florida Lottery, the auto emission inspection
contract for northeast Florida and the contract for statewide processing of state
and county generated credit catd transactio'ns.
,. Directing the firm's fundraising efforts on behalf of legislators, local officialsl
Cabinets officers and Governors.
Matt Bryan attended the University of Texas at Austin before receiving a Bachelor of ArtS
degree from the University of Florida in 1982 in Political Science. with an emphasis in
Public Administration.
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JULIE S. MYERS
, Julie S. Myers joined Smith, Bryan & Myers in 1983. She was named Vke~President of
Administration and General Counsel for the firm in December of 1991. Prior to joining
the firm, she was an associate with Fowler, White, Gillen, Boggs, Villareal & Banker
where she practiced real estate, tax and corporate law. She is a member of the American
Bar and the Florida Bar.
Since joining Smith, Bryan & Myers. she has successfully coordinated the legal and man~
agerial requirements for many of the firm's clients. This includes:
.Serving as project manager on client representations that required extensive state
agency and departmental contact.
" ,
· Representing the firm's clients in matters oflegal analysis, technical treatise dra&~
ing, legislative bill drafting and legislative legal processes.
. Developing the expertise of the Florida Administrative Code which governs the
implementation of Florida Statures as well as purchasing, procurement, grants
and contract" requirements for state agencies.
.Serving as the firm's chief account executive for Fortune 500 clients where she
effectivdy identifies and 'coordinates all corporate resources that may be available
to achieve the client's legislative or procurement goals.
· Preparing firm and client written and testimonial presentations required before
state executives, legislative committees and members, the Florida Cabinet and
state agencies.
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. Representing the firm's clients as a well~regarded advocate before the Florida
Press Corp and state editorial boards on client issues.
Julie,S. Myers graduated Summa Cum Laude from the University of South Florida with
a Bachelor of Arts degree in Finance in 1976. She earned a Juris Doctorate degree from
Florida Stetson College of Law in 1979.
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RONALD VILLELLA
Ronald Villella joined Smith, Bryan & Myers in 1993 as Vice-President. Prior to joining
the firmt he successfully managed the statewide campaign of Florida Attorney Genera!
Bob Butterworth and became his Chief-of-Staff after the election. In this capacityt he
. supervised a departmental staff of 800 and the development of alllegislativct Cabinet
and administrative priorities for the Department of Legal Affairs.
He began his political and governmental career in 1972 when he was elected to the City
Commission of Pembroke Pines, Broward County, Florida. He subsequently was elected
the youngest Mayor of a major city in that county. He served as the South Florida
Coordinator of Governor's Bob Graham's first campaign and Deputy Campaign
~anager during his successful re-election campaign.
He served as Governor Graham's first Director of Administration, managing the daily
., operations of the Governor's Office and was then appointed Director of the Division of
Labort Empl~yment and Training within the Department of Labor.
. Since joining the firmt he has directed many successful and administradve efforts on the
, behalf of the firm's clients, including:
- Representing a diem in obraining a contraCt to manage a comprehensive finan-
cial portfolio for a local governmenr.
-Securing a contact to provide health care service for the Department of
Corrections.
-Advising and representing cliems on a variety of issues before the Florida
Cabinett including state revenue and tax collection issues, environmental per-
mitst land buying programs and highway safety issues.
-Offering an extensive knowledge of state and locat government political and
public policy issues and the impact they have on businesses.
Ronald Villella graduated from TaUahassee Community College before am:nding The
Citadel Military CoHege on a football scholarship in 1965.
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An L.Garry Smith & Associates Company
Services
GOVERNMENTAL RELATIONS
Smith. Bryan & Myers monitors the actions and consequences of the Florida Legislature,
the Governor's Office and its agencies and the Florida Cabinet. Recognizing that cliems
have different and sometimes unique needs, Smith, Bryan & Myers tailors specialized
services to meet the requirement of each client. These services include:
. Legislative advocacy for individual cliems. corporations and associations.
"
'Shaping state policy as expressed in legislation, the Florida Administrative Code,
: Cabinet poliq directives and agency rules.
'Gathering and analyzing infor~ation on legislative and eXGcutive policy and
employing it to rhe benefit of its dienes.
GOVERNMENT PROCUREMENT
Smith, Bryan & Myers counsels cliems on the intricacies of state procurement policy and
rules. Drawing on their expertise of the FJorida Administrative Code, Smith, Bryan &
Myers has the knowledge and skills to help you do business with government. This
includes:
'Marketing cliem products and services to state and local agencies.
. Developing successful requests for proposals (RFP) and bid proposals.
'\ .
BUSINESS DEVELOPMENT
Smith. Bryan & Myers is a valued addition to any firm seeking expansion in Florida and
in capitals throughout the world. Its extensive network of contacts among decision-mak-
ers can provide the access you need to create government markets for your goods and ser-
vices.
POLITICAL CONSULTING
As active participants in the Florida political process, Smith. Bryan & Myers can position
your company or association s~ that it benefits from the emerging and tumultuous
, trends in Florida government.
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Partial Client List
Atlantic Portfolio Analytic &
, Manage~ent
Grand Metropolitan
Aseptic Packaging Council
. International Council of Shopping
Centers
'Auc<?mated Wagering, Incorporated
Intracoastal Health Systems
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, , Barnett Banks
Jim Walter Homes
BTI Services
Kinsman Farms
Burger King Corporation
3M National Advertising
Corrections Corporation of America
Mid-America Governmental Group
EMSA Correctional Care
MARTA Technologies
Florida Association of State Troopers
New York Yankees
Florida State Pilots Association
ThomasviUe Furniture Company
Florida Thoroughbred Breeders &
Owners Association
University of Tampa
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LEGISLATIVE DIRECTORIES
The Honorable Charles (Charlie) Crist, Jr.
Republican ~ District 20
Tallahassee Office: 304 SOB
Tallahassee, Florida ,32399
'904-487-5075 (Telephone)
277-5075 (Suncom)
District' Office:
360 Central Avenue, Ste. 1210
St. petersburg, Florida 33701
813-893-5463 (Telephone)
813-893-5462 (Fax)
594-5463 (Suncom)
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Aides: Michael Reich, Mike Mayo, Ronda Federspiel
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spouse: None,
Children: None
Date of Birth: 07/24/56
Committees Serving on:
Senate Floor
Criminal Justice
Executive Business, Ethics & Ele.
Heal th Care '.
Appropriations Conference Comm.
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Natural Resources & Conservation
Republican Caucus
Rules & Calendar
Select Committee, On Social Servo
Telephone Campaign,Solicitations'
Ways & Means
Ways & Means (Sub. D)
Finance & Taxation Subcommittee
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"Cities Charles (Charlie) Crist, Jr. Represents:
Feather Sound Cdp
Gandy Cdp
Highpoint Cdp
Kenneth City
Lealman Cdp
pinellas Park
St. Petersburg
Seminole
Tampa
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Hillsborough
Pinellas
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33622 33629 33659 33665
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LEGISLATIVE DIRECTORIES
The Honorable Jack Latvala
Republican - District 19
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Tallahassee Office: 302 SOB
,Tallahassee, Florida 32399
904-487-5062 (Telephone)
277-5062 (Suncom)
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District Office:
35111 U.S. Hwy 19 North, Ste. 203
Palm Harbor, Florida 34684
813-787-8991 (Telephone)
813-298-1699 (Fax)
558-1697 (suncom)
Aides: Missy Timmins iRon Odgen, 'K~,m Walker
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spouse: Susan
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Date of Birth: 11/03/51
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Senate Floor
Education
Executive Business, Ethics & Ele.
'Leg. Information Tech. Resources
Natural Resources & Conservation
Republican Caucus
Transportation
Ways & Means
Ways & Means (Sub. D)
, Select Committee On Water Policy
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Bayonet Point Cdp
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Clearwater
Dunedin,
Elfers Cdp
HOliday Cdp
Hudson Cdp
New Port Richey
New Port Richey East Cdp
Oldsmar
Palm Harbor Cdp
Port ,Richey
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34654
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LEGISLATIVE DIRECTORIES
The Honorable Donald C., Sullivan
Republican - District 22
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Tallahassee Office: 340 SOB
Tallahassee, Florida 32399
904-487-5065 (Telephone)
277-5065 (Suncom}
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District Office:
8050 ,Seminole Office Cen., Ste. 330
Seminole, Florida 34642
813-547-7801 (Telephone)
813-547-7803 (Fax)
594-7801 (Suncom)
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Aides: Charline I1Charliell Anderson, Kim stuhlreyer, David Winialski
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Date of Birth: 06/10/36
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Senate Floor
Community Affairs
Card-Based TechnOlogy Systems
Education
Higher Education
Appropriations Conference Camm.
Leg. Information Tech. Resources
Republican Caucus
Rules & Calendar
Ways' & Means
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Baskin cdp
Bay Pines Cdp'
Belleair
Belleair Beach
Belleair Bluffs
Belleair Shore
Clearwater
Gulfport
Harbor Bluffs' Cdp
Highpoint Cdp
Indian Rocks Beach
Indian Shores
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Madeira Beach
North Redington Beach
Pinellas Park
Redington Beach
Redington Shores
Safety Harbor
St; petersburg
St. petersburg Beach
Seminole '
South Pasadena
Treasll;re Island
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33709 .
33715
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34625
34641
34646
34695
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33710
34547
34620'
34630
34642
34647
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34615
34622
34635
34643
34648
33708
33712
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34624
34640
34644
34666
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Demolition of Commercial Structures at 10 South Missouri Avenue and 1165 Cleveland Street (96-
"CLEARWATER CITY COMMISSION
~ rJ Y Agenda Cover Memorandum
SUBJECf:
21)
RECOMMENDATIONIMOTION: Award a contract for the Demolition of Comme,'cinl Structures at 10 South
Missouri Avenue and 1165 Oevelnnd Street (96-21) to E.L. TREVENA, INC. of PINELLAS PARK, FLORIDA
for the sum of$154,637.00 and approve Environmental projects costs of $42.648.80 to be awarded as follows: Advantage
Enviromnental Setvices. Inc. ($4,330.00) on a current annual contract with General Services~ Lang Engineering of Florida,
Inc. ($25,576.80) on a current annual contract with the University of South Florida; Occupational Health Conservation. Inc.
($3,992.00) on a current annual contract with Pinellas County~ $5,750.00 will be reserved in case contaminated soil is
encountered; $3,000.00 is reserved for disposal of hazardous waste products presently remaining on site; an additional
amount of$475.65 is included for advertisement of the project. for total project costs of$197, 76].45 which are the lowest
most responsive bids received in accordance with plans and specifications,
[B] and that the appropriate officials be authorized to execute same.
SUMMARY:
. The purpose of this agenda item is to obtain Commission approval for the demolition and removaJ of two commercial
structures which are described as follows:
Structure # 1 - }O South Missouri Avenue, also known as the City Hall Annex. TIus stmcturc is an approximate 70.000 square
foot, two story building constructed of concrete block walls over a concrete foundation with structurnl steel members and
conugated metal deck roofing system. The total demolition cost for t11is portion of the contract is $134.555.37.
Structure #2 - 1165 Cleveland Street. also known as the Enterprise Car Rental/Stone Buick Body Shop. This structure is an
approximate 18,000 square foot, single story building constructed of concrete block walls over a concrete foundation. (This
portion of the contract also includes the demolition of all sheds and out buildings.) The total demolition cost for this portion of
the contract is $14,781.63.
Additional costs for demolition ofStructurcs # 1 and #2 include $1.800. for project signs~ and $3,500 for clean fill material.
continued:
R.vlewed by:
Originating Dept.
Coete: $197 .761.45
Commlsalon Action
Budgot
9~
"$t---
Enginearing Dopartment
(Current FYI
Approved
lllgfll
User Dept.
Funding Source:
Approved
w/conditions
PurchasIng
Capt. Imp. X
Donled
Risk Mamt.
Adwrtlled:
Operating
Cont'd to
ENG.
OTHER
Datil: 07117/96 & 07/23/96
Otnor
IS
ACM
Popar; 5t ~e1ersbura. Timlls
Not roqulrcd:
Affoctltd parties
notified
Appropriation Codo{s)
Attachl11ents:
Subm/ttod BV:
CltvM4ntJge~~
316.94417.563500.539.000
Bid tabulation and summory
-
Not Rflqulrod
x
ANNEX OEMO.AGN
Page 2
Agenda Item - Demolition ofCommerciaJ Structures at 10 So, Missouri Ave. and 1165 Cleveland St.
(96-21 )
4<6
. The demolition process will result in the removal of the building structures and pavement arcag. Appurtenances to remain in place
include the pavement of Pierce Street, the parking lot south of Pierce Stroot, the e.'<isting landscaping and sidewalks along Missouri
Avenue and Cleveland Street and the mature trees in existing traffic islands. Site will be finished, graded and seeded. The existing
fueling station adjacent to Pierce Street will be removed in a future contract by a contractor spccinlizing in fuel tank removal.
. The total project costs will indude the demolition costs by E.L. Trevcna, lne. above as \vcll as severaJ environmental costs which arc
described as follows:
,Fluorescent Lamps - The disposal of all mercury containing fluorescent lamps and starter ballasts will be accomplished by
Advantage Environmental Services. Inc. and will cost $4,330.00 (Costs dctcnnincd from current annual contract with General
Services.)
Asbestos Abatement - An Asbestos Containing Materials (ACM) Survey was perfonncd at both structures on April 5. 1994
by FOS, Inc. The results of that ACM survey show that both structures contain friable asbestos containing materials (ACM.s).
These friable ACM's (pipe insulation. cemcntitous panels. spraycd-on ceilings) must be removed from the structures prior to
demolition activities. The cost to remove these ACM.s is $25,576.80 (costs from current annual contract with the University
of South Florida) by Lang Engineering of Florida, Inc.. plus an additional $3.992.00 (costs from current annual contract with
Pinellas County) for required air monitoring by Occupational Health Conservation, Inc.
Soil Contamination - If contaminated soil is encountered during demolition operations, it is estimated that soil screening. pre-
bum analysis and soil disposal will cost $5,750.00.
Hazardous Waste -1l1e disposal of hazardous waste products presently remaining on site is estimated to cost $3.000.00.
Project Advertisement - $475.65
. TIle projected total cost for the complete project is $197,761.45. These costs are itemized on the attached table.
. The demolition portion of the project will start on or about October I, 1996 and is scheduled to be completed within ninety (90)
calendar days.
. , Funding for this project will be provided by a third quarter amendment transferring $33,022.17 from Capital
Improvement Project 315-94416, Annex Property Development, to Capital Project 315-94417. Annex Property
Demolition, to establish a project for this purpose. The balance of $164,739.28 will be provided by a transfer from the
unappropriated retained earnings of the General Fund at third quarter.
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NOTES:
1. ALL PERIMETER SIDEWALKS TO REMAIN. CLEVELAND/MISSOURI/PIERCE.
2. EAST PERIMETER LANDSCAPE TO REMAIN
3. ALL TREES TO REMAIN.
DWG. ANNEXOEMO
TtF. ANNEX
CITY OF CLEARWATER. FLORIDA
ENGINEERING DEP ARTMENT
OIlAWN BY
lUl
om:l\W 61
CUl
OESlGH(O BY
QJl
ANNEX DEMOLITION
SKETCH
OAn:
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Interoffice Correspondence Sheet
From:
Elizabeth M. Deptula. City Manager
Richard J. Baler, City Engineer t~p /?Jp oS:
Kathy Rice. Assistant City Manager
Cyndle Goudeau. City Clerk
Glen Bahnlck. Engineer II
To:
cc:
Date:
September 18.1996
Annex Demolition
RE:
" .
Per 8 questJon at the Work Session, I have spoken at length with Ream Wilson and we
pave come up with what I believe to be a cost effective plan to address landscaping
concems at the Annex site.
As discussed. the City could landscape the site but that would run Into an additional
unbudgeted expense. I believe the better altemative is an interim stage tree farm. that
is, various larger palms and trees could be relocated from our tree farm and nursery to
the Annex property and held on site for further maturation and growth. Using this
concept the City would not have Increased costs, other than those costs associated
with the replanting of subject trees at the Annex site.
The cost for Bahia sod inatalled for this four acre plus site is $20.000. This cost is
'inclusive of aU material and labor as suppJled by the Parks & Recreation Department.
I believe a better alternative ground covering would be to have the Parks and
. Recreation Department water the seeded, mulched site. The cost for watering is
nominal when compared to the Bahia sod estimate.
'If you have any further questions, please do not hesitate to contact me.
RJB/ns
~
~
Clearwater City Commission
Agenda Cover Memorandum
Item #:
I t Q
~
Meeting Date:
. .<l
SUBJECT:
Town Lake Project
RECOMMENDA liON/MOTION:
Approve payment for services in the amount of$19,065 to Post, Buckley, Schuh & Jernigan, Inc., the City
Engineer of Record, for the evaluation of a scaled down version of the Town Lake Project that would be known
as the uCe112" concept,
00 and that the app~opriate officials be authorized to execute same.
BACKGROUND:
. The City Commission held a special meeting on September 10, 1996 to consider opportunities to revitalize
Downtown, including consideration of the Town Lake Project.
. At that meeting, the City Commission directed Staff to evaluate a scaled down version of the Town Lake Project
that effectively would be contained within an area referred to as "Cell 2" and locatt~d north of Court Street, south
of Pierce Street, between Greenwood and Myrtle Avenues.
. This project element will develop the necessary data (stormwater attenuation, treatment, banking, and aesthetics)
to evaluate the ability of the "Cell 2" concept, taken as a first step, to provide long-term economic and
environmental benefits to Cleanvater.
. The project will specifically include: (1) development of a conceptual design for "CelI 2," (2) define required
property acquisition, (3) identify future expansion issues, (4) assess treatment capacity, (5) allocate credits, (6)
establish relative cost estimates, (7) prepare exhibits, and (8) produce a report.
. This project element will be completed five (5) weeks from the notice date to proceed.
. Total cost to complete this evaluation shall not exceed $19,065 and is available in Capital Improvement Project
315-96109, the Downtown Lake Project Funding Code.
Reviewed by: O,lol.all.o Depart~ Costs: Commission Action:
Legal N/A Engineering $ 19,G65 o Approved
Budget #t'f.Lr Total o Approved w/Condltions
Purcha,lng N/A User Department: o Denied
Risk Mgmt. N/A Current Fiscal Year o Continued to:
IS .N/A Funding Source:
Enslneerlng NJ.- · 00 ~pll"llmprovrmrntl
ACM '(I Advertised: 0 Operatlnll:
,other Date: 0 Olhrll Attachments:
Paper: I
Submitted by: 0 Not Required Appropriation Code Scope of Services
c$.~ Affected Parties: 315-96109-530100.539.()OO
0 Notified o NOlle'
0 Not Required
Q Printed on recycled paper
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City of Clearwater
Town Lake Project
Phase I-B
CELL 2 ASSESSMENT
Scope of Services
Scope of Work, Milestone Schedule
and Level of Effort and Costs
I,
. , September 13,' 1996
POST, BUCKLEY, SCHUH &. JERNIGAN, lNC.
, 5300 West Cypress Street, Suite 300
Tampa, Florida, 33607
~~
City 01 Clearwater
Town Lake Project
September 13, 1996
OVERVIEW
l' The Cil:)' of Clearwater is evaJuatiDi an opportunity to create an urban Ialee: in the downrown area
to provide passive recreational opportUnities am. satisfy lana-term stonnwatcr managemem needs.
, The project area is bounded by Park Street on the nortb. Court and Che!twt Streets on the south,
Greenwood Avenue on 1be east and Myrtle Avenue on the west.
In previous efforts ilie City has developed a regional treatment facility composed of three
trUtrnent cells with ptdtea~D1 'VaullS that could provide over 175 acres of tIeatrntnt credits that
would be available to properties within the drainage area and Cbc downtown redevelopment area
to meet City and SWFWMD req,ulrelDCJ11S for stonnwatcr tteatment. City Commission, upon
reviewing this concept. was interested in looking at a phased approach for implementing the
regional tODCCp( wIth particular interest in startina with d1c larger central pond.
AssJpmellt ObJectlya
Thls assignment focuses On the assessmcnl of the potential for developing the central pond in lhc
concept desi&n of the Town 1..ake Project as an initlal step in the overall project devclopnlCnc and
eva1u&t1on of its ability to provide long-tcnn economic and environmental benefits to the citizens
of Clearwater. Specific petformancc objectives of this project include:
. Provide stonnwater flow attenuation to mll'lim;7-C loca1iw1 flooding for
specific design srorm in die proximity of the existing Pierce Street pond.
.
Provide stannwater' treatment for redevelopment of portions of do\\'JUown
that meets current City~ State and Federal minimum treatment
requirements.
\
o Provide a K&onnwatcr Treatment Bank- to faciUtatc redevelopment of
public property and certain private property .
. Maintain minimum aesthetic values within the lake during 90% oftbe year.
PBS&.J will provide services to develop a conceptual pond desip that meets these general
objectives and. prepare a Jcucr report summarizing the features, costs and benefits of Ceu 2 IS an
initial step in the developmem of the Town Lake. Specific details on tA5ks to be accomplished arc
discussed in the following sectIons.
... . +
Peat; Buckley I Schuh It Jamigan, 'nt.
Pagel
'.
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CITY OF CLEARWATER
ENGINEERING DEPARTMENT
PBS&J WORK ORDER INITIATION FORM
Date: .September 13, 1996
PBS&J Project No.
City Project No.
1. PROJECT TITLE:
Cell 2 Assessment
2.
, SCOPE OF WORK:
Examination of the fundamental issues associated with the development of Cell 2 as an
initial step in the creation of the multi-objective urban lake concept.
3.
PROJECT GOALS:
': ~
Specific performance objectives of this project include:
· Provide stormwater flow attenuation to minimize localized flooding for
specific design storm in the proximity of the existing Pierce Street pond.
· Provide stormwater treatment for redevelopment of portions of downtown
that ,meets current City. State and Federal minimum treatment
requirements.
· Provide a "Stornlwater Treatment Bank" to facilitate redevelopment of the
downtown core area.
Maintain minimum aesthetic values within the lake during 90% of the year~
4.
BUDGET:
"
A maxirilum fee of$19,065.00 has been established for this assignment.
, 5.
SCHEDULE:
.."c
See Attached Milestone Schedule
6.
PBS&] STAFF ASSIGNMENTS:
Stephen R. Lienhart, P.E. 877-7275. Ext. 531
. .
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7.
CORRESPONDENCE! REPORTING PROCEDURES:
Correspondence to be sent to Richard J. Baier, P.E., City Engineer.
'8. INVOICINGIFUNDING PROCEDURES:
), .'
, "
,:
The budget for this' work is a maximum of $19,065.00 based on actual time and
direct reimbursable costs expended. Invoicing Method A, Cost Times Multiplier
Basis shall be used.
~..
City Invoicing Code:
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,9.
. SPECIAL CONSIDERA nONS:
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Time is of the essence.
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10. PROJECT COMPLETION REPORT:
J:. .{
Letter Report summarizing findings.
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CITY
~.' Richard J. Baier, P.E. Date
City Engineer
PBS&J
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. CIty of Cle~"ler
Town Lake Project
Phase 1-8: Cell 2 Assessment
Lf\
September 13. 1996
SCOPE OF SERVICES
INITIAL PROJECT TJl\.1EFRAMES
AND MILESTONE DATES
The Phase 1 work tasks will be accomplished in a four-month schedule which includes the
following key milestones: '
Milf"~c:.rone.
Wf".l":k
Receipt of the Notice to Proceed . . . . . . . . . . . . . . . . . . . . . . . . . .. 0
Completion of the Conceptual Design of Cell 2 ....... ~ . . . . . . . .. 2
Wo~kshop 1: Conceptual Cell 2 Design ..............,........ 3
Delivery of the Draft Letter Report' ........................ 4
Delivery of the F~ Letter Report ........................ 5
I
, '
Post, BuckJey. Schuh a.. Jernigan. lne.
......_"-"......... ...' ....-.""".~..'"_~~....~...~~_.c-.."~..h .....~....>-L...
RESOLUTION NO. 96- 62
5\ a.. '
A RESOLUTION OF THE CITY OF CLEARWATER. FLORIDA. ASSESSING THE
OWNERS OF PROPERlY THE COSTS OF HAVING MOWED OR CLEARED
THE OWNERS' LOTS.
I,
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WHEREAS. it has been determined by the City Commission of the City of Clearwater that.
for the purpose of promoting the health. safety and general welfare of the citi2:ens and residents of
the City. real property within the City should be cleared of weeds. rubbish. debris and other
noxious material; and
, .
I
1
I
WHEREAS, notice pursuant to Section 20.38, Code of Ordinances, was provided to the
owner of each of the rots listed In exhibit A. and the notice required each property owner to cause
the violation to be remedied or to file a notice of appeal within 10 days after the date the property
was posted; and
WHEREAS, the property owners have failed to take remedial action within the time,
provided and have failed to file a notice of appeal within the time allowed, or appealed the notice
of violation but faired to take remedial action within the time provided by the Code Enforcement
Board, and it became necessary for the City to take remedial action; and
WHEREAS, the owner of each lot listed on Exhibit A has been provided with a notice and
opportunity within which to pay the costs and admlnlstratJve charges set forth on Exhibit ^ but no
payments have been received; now. thereforet
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER. FLORIDA:
~
. '
I
i
Section 1. The City Commission finds the preamble hereof to be true and correct.
Section 2. The City Commission hereby assesses a lien upon each parcel of real property
listed on exhibit A for the actual costs of mowing or clearing. plus administrative costs, as shown
on Exhibit A
Section 3. The City Clerk Is hereby directed to prepare a notice of lien against each
property listed on Exhibit A and to record the same in the public records of Pinellas County.
Rorida.
PASSED AND ADOPTED this
day of
.1996.
Rita Garvey
Mayor..commlssioner
Approved as to fonn and
legal sufficiency:
~1?
John Carassas
Assistant City Attorney
Attest:
Cynthia E. Goudeau
City Crerk
L
Resolution Trust Corp Carolina Terrace Annex Lot 35
c/o Resolution Mgmt Assoc
125.00
200.00
325.00
ltXHIBIT A
S-" C\ .
PROPBRTY OWNER
LEGAL DESCRIPTION
ADM.IN.
CM.X. CHARGE TOTAL
Philip R. Josephl
Teretha H. Pugh
Avondale Sub Blk G Lot 1
$ 153.70 200.00 $ 353.70
RObert/Ruth Smith
Boulevard Heights Blk H Lot 2
125.00 200.00 325.00
Susie Ellis and
Bessie Edwards
Greenwood Manor Lot 7
125.00
200.00
325.00
Mil ton T. Rooks
Greenwood Manor Lot 10
125.00
200.00
325.00
Angela I. Glidden
Greenwood Park #2 Blk F Lot 47
170.90
200.00
370.90
Alexander Green
C.E. Jackson's Sub Blk 2 NI00'
of Lot 9
125.00
200.00
325.00
Eddie J. Walke.r
Lincoln Place Blk 1. Lot 16
1.34.80
200.00
334.80
Carrie Palmer
Lincoln Place Blk 4 Lot 12
125.00
200.00
325.00
W S F Trust 8/6/90 Lincoln Place Blk 4 Lot 14 125.00 200.00 325.00
Peggy Kimble Live Oak Court Lot 6 162.76 200.00 362.7,6
ci ty Housing Assist Palm Blutf 1st Add 850' Lot 14 125.00 200.00 325.00
Corp
Lawrence J. and pine Crest sub Blk 8 Lot 7 and 342.90 200.00 542.90
Katherine H. Labus 81/2 vas alley on North
Hoke S. Russell Plaza Park Sub Blk G Lot 9 134.80 200.00 334.80
Howard E. Fest
Plaza Park Blk H N45' Lots 5-6
131.65
200.00
331. 65
Edward W. Ryan Est c/o
Patricia Buzek
Sunset Point 1st Add Blk D
Part of Lots 19 and 20
125.00
200.00
325.00
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EXHIBIT A
51~
PROPERTY OWNER
LEGAL DESCRIPTION
CI2SX
ADMIN.
CHARGE:.
TOTAL
,"
Anthony DiMarco Enghurst Add to Clearwater $ 216.25 200.00 416.25
N1/2 Lots 37 and 38
Edward J. Merritt Highland Estates Blk B Lot 2 175.40 200.00 375.40
Franc~s Green c/o Jurgen's Add Blk bLot 2 Is rd 125.00 200.00 325.00
Dorothy Green
1604 N Ft Harrison E.A. Marshall's Sub Lot 16 125.00 200.00 325.00
~ ; Avenue Ine
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City of Clearwater
Int.erdepnrtmont.al Correspondence
September 12. 1996
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TO:
FROM:
COPIES:
SUBJECT:
DATE:
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Ream Wilson. Diroct.or. Parks and Recreation Department.:':;
Steve Millor. Recroation Superintendent.
Countryside Recreation Center/Sunday Hours
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We understand that thoro might bo some interest in us establishing Sunday
afternoon hours at tho now Countryside Recreation Center. As you are
aware, we currently arc open Monday through Friday from 9 a.m. until 9
p.m. and on Saturdays from 9 a.m. unt.i1 5 p.m. Original plans were to
allow rentals on Saturday ovenings and Sundays.
We are more than happy to ostablish It trial progl'am of opening the center
on Sundays from 'I p.m. until G p.m. rro establish t.his program, acceptance
and approval will be needed for the foJJowing two items:
1. We currently havo throo PP'I' recreation assistants at the
Countryside Center and two PPT recreation assistants at the
Long Center with oach boing budgeted 20 to 30 hours per week.
We could schedulo two of those 'employeos each Sunday. which
would be a five hour extonsion of' their current budgeted
schedule. Thoso would be "regular" timo hours.
2. The establishment of Sunday hours for recreational
programming may impact and possibly preclude requests for
Saturday and Sunday rentnls. We would only be able to rent the
facility with programs and sot ups beginning after 5 p.m. on
Sundays and largo Saturday evening rentals may require
additional hours to preparo for Sunday openings.
Response to programming at the Contor hus beon excellent and we agree
that the establishment of Sunday hours is worthy of a trial basis.
Attendance could be monitored and compurod t.o othor hours during the
week to determine if the schedulo would continuo. If Sunday operations
prove to be successful, budget adjustment could be made at first quartor
review.
Your comments on this subject are npprecint.o<l and ploase contact us if you
have any questions or desire further information.
RW/mpc
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FROM:
COPIES:
SUBJECT:
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MEMORANDUM
53c
, The City Commission /'
Betty Deptula, City Manager ~ '
Rich Baier, Engineering Director
Edgewater Drive Project.
September 17, 1996 '
Informational materials concerning the Edgewater Drive Project are attached for your review.
This information includes:
Synopsis from Rich Baier on their role in this project;
Chronology of public notices;
Name and addresses of citizens who, received the noti~s;
Copies of two notices sent. homeowners association flyer not available;
Concerns addressed by the citizens at the September 1, 1994 meeting;
August 13, 1996 Pinellas County Water and Navigation Control Authority
meeting minutes. See page 3413, 3417 and 3421 on concerns raised by the
Commission on ownership and public meetings/hearings notices. '
7. , Memorandum from Cyndie Goudeau and minutes/agenda of Commission
meetings whereby the Edgewater Drive Restoration Project was discussed;
8.' The Shuffleboard Club said their meeting room is available any night from
September 30 through October 31.
If you have'any questions, please call.
attachments
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Interoffice Correspondence Sheet
To:
Mayor and City Commissioners
Thru:
From:
Betty Deptula, City Manai&er
Rich Baier, City Engineer
Kathy Rice, Deputy City nager
cc:
Tom Miller, Assistant Director of Engineering/Environmental
L
Date: September 16, 1996
RE: Edgewater Drive Project
In response to questions related to Staff. presentations on the subject project to the Public,
ownership, and mangrove recruitment, please accept the following:
The Public has had numerous opportunities for input into the development of the Edgewater Drive
Project as the attached chronology indicates. Furthermore, any citizen that believed this project
would adversely affect their interests had several opportunities to administratively intervene in this
project when notified by the state and federal government to do so during the environmental
permitting process. That window of opportunity is now dosed to those individuals that were
notified to do so by dhect mailing. Furthermore, the City of Clearwater has sponsored three
"'public meetings'" since initiating the Edgewater Drive Shoreline Restoration Project as follows:
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· September 1, 1994 - The meeting was established by the Edgewater Drive Homeowners
Association (251 letters distributed) and was held at the Sunset Point Family Restaurant.
General concerns expressed by neighborhood representatives were noted and incorporated into
the project design.
· May 2, 1995 - City Staff, being disappointed at the turn-out of the first public meeting, noticed
all utility billing customers along Edgewater Drive and east to Poinsetta between Sunset and
Union. The meeting was held at the City Hall Annex
· May 23, 1995 - Due to the public's perception that the neighborhood turn-out of residents was
poor, City Staff again noticed the public through the utility billing list. The meeting was again
held at City Hall Annex.
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"'Public Hearings'" were held by Pinellas County for the issuance of the Water and Navigation
Control Authority permit. The project was presented at these hearings on July 8, 1996 by County
staff and again at the Pinellas County Board of County Commissioners meeting, held on August 13,
1996, sitting as the Water and Navigation Control Authority Board. Notice for both of these
meetings was made by the County using tax roll information to adjacent property owners within '
500 feet of the project.
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.. The Feasibility Study prepared by Coastal Environmental, Inc. (March 28, 1994) presented eight
alternatives which ranged in scope from doing nothing to others which simply ranged from
backfilling the existing material down to mean high water with topsoil to the proposed project. The
proposed alternative is the only one which meets all of the project goals, providing protection to
, adjacent uplands, restoring a diverse coastal habitat for fish and wildlife, and improving water
l-," quality through the treatment of the stormwater discharges to Clearwater Harbor. Furthermore, this
project is fully consistent with the City Comprehensive Plan.
City staff have thoroughly researched the property deeds along the entire stretch of Edgewater Drive
and the regal department is furthering this effort, researching the property deeds to ensure there are
no private property interests being held which would interfere with development of this project.
The project is consistent with original agreements AH of the property appears, both for the purpose .
of access and for development, to be in Public Ownership. However, Legal is researching property'
ownership, particularly one property which may have a clouded title. The City Attorney office will
respond under separate memorandum, addressing the consistency of title conditions for this
project.
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Finally, there are no plans to plant mangroves along Edgewater Drive and Pinellas County has
conditioned the Water and Navigation Control Authority Permit to require that any mangroves
which might volunteer will be trimmed at six feet. The City Environmental Management Group is
of the opinion based on research and experience that construction of the offshore sill and
breakwater would be a limiting factor in natural mangrove recruitment along the Edgewater Drive
intertidal zone. While the area, behind the sill would provide better intertidal habitat that would
support mangroves, the seeds would need to reach that area before recruitment could successfully
occur. The primary areas which would be conducive to mangrove growth after completion of the
project would be at the breaks in'the energy barrier. Given the northwesterly exposure, the
potential for mangrove growth along the shoreline would continue to be limited by weather
conditions. However, I will have my Environmental Management Staff contact authorities in this
field to produce additional competent opinions in this matter.
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EDGEWATER DRIVE RESTORATION PROJECT
Chronology of Public Notices
May 2, 1995
May 23, 1995
~ \. .
July 8, 1995
July 9, 1995
March 26, 1996
May 22, 1996
June 19, 1996
July 8, 1996
August 13, 1996
August 21, 1996
September 3, 1996
I'
September 4, 1996
Directed Utility Bill Mailing
Directed Utility Bill Mailing
& Tax Roll Mailing
St. Pete Times Article
St. Pete Times Editorial
St. Pete Times legal Notice
USACOE Adjacent Property
Owner Notice by Mail.
City Clerk, Television
Pinellas County Water &
Navigation Authority Mail.
Pinellas County Board of
County Commissioners
Mail.
City Clerk, Television
S1. Pete Times Notification
St. Pete Times Notification
Public Meeting held at Sunset Point Family
Restaurant. 15 households represented.
Alternatives Presented
Notices sent to all utility billing customers
along Edgewater Drive from Sunset to Union,
and east to Poinsetta. Meeting held at City
Hall Annex. 27 households signed list.
Due to Public perception of poor turn out be
neighborhood residences, City Staff re-noticed
and held another meeting at City Hall Annex.
Gave same Public Presentation. 39
households signed list.
Described Project
Described Project Position
legal Notice as State Permitting Requirement
that state project approval is imminent and
anyone having adverse impact is to file at this
time.
Property owners along Edgewater Drive and
on Tax Rolls given public notice by mail as a
condition of federal permit process.
EAB Review of Project and Status of Staff
Activities
Property owners along Edgewater Drive and
on Tax..Rolls given public notice by mail as a
condition of County permit process.
Property owners along Edgewater Drive and
on Tax Rolls given public notice by mail as a
condition of County notification process.
EAB recommends Commission approval to
proceed with project.
Notification of upcoming public meeting for
readership distribution.
Notification of upcoming public meeting for
readership distribution.
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ADJACENT PROPERTY OWNERS
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LAMBRIANAKOS, V ASILlOS
LAMBRtANAKOS, DIMITRA'
6027 MUELLER LANE
SAFETY HARBOR, FL 34695-4819
WHALEN, FRED
WHALEN, VIVIAN
1919 EDGEWATER DRIVE
CLEARWATER, FL 34615-1416
MILLER, FRA~K H.
MILLER, ANN H.
1925 EDGEWATER DRIVE
CLEARWATER, FL 34615-1416
BHULA, RAMAN
.1941 EDGEWATER DRIVE
CL~ARW A TER, FL 34615-1417
MOSCHOS, STEFANOS
MOSCHOS, BETTY
120 CARLYLE CIRCLE
PALM HARBOR, FL 34683-1803
GRAY, WILLIAM l.,
GRAY, JANET C.
1951 EDGEWATER DRIVE '
CLEARWA TEA, FL 34615-1417
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'.' 1959 EDGEWATER DRIVE
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PHILUMALEE, J.J. EST
C/O OLSON, MARGARET P.
1806 SEMINOLE HWY
MADIS,oN, WI 53711~3812 ,
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ROSS, KIP G.
1971 EDGEW A TER DRIVE
CLEARWATER, Fl 34615~1418
, GLENN, CHARLES A.
GLENN, MAY L.
554 TALLAHASSEE DRIVE N.E.
ST~PETERSBURG, FL 33702-2712
AUSTIN, RONNIE J.
AUSTIN, SUSAN C.
1985 EDGEWATER DRIVE
CLEARWATER, FL 34615-1418
TIMOTHY I. MALONEY
1009 FARM LANE
AMBLER, PA 19002
SEPH W. AUCLAIR
LUCilLE C. AUCLAIR
2009 EDGEW A TER DRIVE
ClEARVVATER, FL 34615-1020
GREGOIRE, SUZANNE M.
2021 EDGEWATEA DAIVE
CLEARWATER, FL 34615-1020
GINGER, ROBERT P. TRE
GINGER, JULIE l. TRE
432 COUNTRY CLUB ROAD
BELlEAIR, Fl 34616-1005
..JORDAN, ROCKY M.
JORDAN, BONITA L.
WEST BLDG. APT. 512W
, 1 KEY CAPRI 33706-5900
. KINCAID, ARNOLD D.
KINCAID, CHRISTINE J.
,1920 BIG BEND, DRIVE
DES PLAINES, IL 60016-3519
" EDGEWATER RETIREMENT MANOR
2057 EDGEWA TER DRIVE '
CLEARWATER, FL 34615.1003 "
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ORELLI, PHILLIP J.
ORELU, BARBARA R.
UNIT A
2087 EDGEWATER DR.
CLEARWATER, FL 34615-1033
SOURBEER,' JOHN N.
SOURBEER, JACQUELYN B.
UNIT B
2087 EDGEWATER DRIVE
CLEARW A TE 15-1033
,
REBER, DUANE L.
REBER, JACQUELINE B.
P. O. BOX 2309
GREAT FALLS, MT 59403-
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PORT CARLING
LAKE ROSSEAU, ONTARIO 00020
GARRISON, WILBORN ,
GARRISON, JOHN J.
UNIT E
2087 EDGEWA TER DRIVE
CLEARWATER, FL 34615-1015
GRANT, ,CATHLEEN W.
WELLS, JOSEPH L.
UNIT F
2087 EDGEWATER DRIVE
CLEARVVATER,Fl34615-1015
GEIST, DAVID H.
GEIST, JOANNE H.
UNIT G'
, 2087 eOGeWA TER DRIVE
C~EA~R;"FL 34615..:.' 015.
GfcGAM,' PHILLIP P. ,
GILI.IAM, . MARGOT J.
UNITH .
2087 EDGEWA TER DRIVE
"CLEARWATER, FL 34615-:101'5
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MAC' DONALD, . ROSALYN N.
2095 EDGEWATER DRIVE
CLEARW A TER,FL 3461 5- 1032
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. EDGEWATERDRIVE OWNE~mPS MAY, 1995
SUNSET POINT ROAD TO UNION STREET
PNIO-Ol CITY OF CLEARWATER ATTN:EARL ~
PARCEL 10 03-29-15-88092-000-0041 PAZIP YRBLT/EFF FLRS TOT SQFT $/SQFT AVR
1899 EOGEWATER DR r 00000 1933 1939 2,586 42.53 1.22
OWNER'S NAME AND ADDRESS V P W G BLDGS == IMPROVEMENT == HEAT SQFT
LAMBRIANAKOS, VASILIOS W 1 03 DUPLEX/TRIPLEX 2,549
LAMBRIANAKOS, DIMITRA LEGAL DESCRIPTION CENSUS PBOOK/PG
5027 MUELLER LN . SUNSET POINT AND REPLAT 261.00 4 56
SAFETY HARBOR, FL 346954819 THAT PART OF LOTS 4 & 5 NBHD
. LOT SIZE ==> ISC COUNTY S OF SUNSET POINT RD LESS 035
18,300 SQ FT 150 X 122 RD R/W ON OR 5239/773
YEAR IMPROVEMENT LAND ASSESSMENT 501FT YEAR TAXES PO 0
~994 47,400 42,100 89,500 34.60 1994 2,073.38 Y N
SALE DATE AMOUNT BOOK/PAGE DT Q T SALE DATE AMOUNT BOOK/PAGE
MAY 1983 110,000 5529 922 Q A
MAY 1983 47,000 5529 921 U A
MAY 1983 8,760 5529 917 C A
SELLER'S NAME ====== LAND / PROPERTY USE ==~=====
08 ..'220 DUPLEX-TRIPLEX
AMOUNT DATE MTG TYPE RATE
TX/FT
0.80
DT Q T
MORTGAGE COMPANY
HOMESTD LP
o N
NUMBER
GENERAL REVIEW DATE BUILDING REVIEW DATE.
02-JAN-92 19-0CT-92
ENTER~FWD Fl=OOCS F2=BLDG F4=TAX F5=LGL F7=DIM F8=XFEAT F13=SKTCH F6=COMP MENU
PNIO ~ ISC
REA.DY
PN10-01 CITY OF CLEARWATER ATTN:EA.RL
PARCEL ID 03-29-15-88092-000-0020 PAZIP YRBLT/EFF FLRS TOT SQFT
1919 EDGEWATER DR 34615 1950 1975 7,639
OWNER'S NAME AND ADDRESS V P W G BLDGS == IMPROVEMENT
WHALEN, FRED P 2 14 MOTEL
WHALEN, VIVIAN LEGAL DESCRIPTION
1919 EDGEWATER DR SUNSET POINT AND REPLAT
CLEARWATER, FL.346151416 LOTS 2 & 3 LESS RD PER
LOT SIZE ==> ISC COUNTY OR 5239/772
$/SQFT AVR
== HEAT SQFT
6,994
PBOOK/PG
4 56
CENSUS
261. 00
NBHD
YEAR'IMPROVEMENT LAND ASSESSMENT SQ/FT YEAR TAXES PO D TX/FT
1994 237,400. 356,000 593,400 77.68 1994 13,167.72 Y N 1.72
SALE DATE . AMOUNT BOOK/PAGE DT Q T SALE DATE AMOUNT BOOK/PAGE DT Q T
SELLER'S NAME
====== LAND / PROPERTY USE ======== HOMESTD LP
39 313 HOTEL/MOTEL (1-20 UNITS) 25000 N
AMOUNT DATE MTG TYPE RATE NUMBER
MORTGAGE COMPANY
GENERAL REVIEW DATE
29-DEC-92
ENTER=FWO Fl=DOCS F2=BLDG
PN10
BUILDING REVIEW DATE
29-DEC-92
F4=TAX F5=LGL F7=DIM F8=XFEAT F13=SKTCH F6=COMP MENU
ISC
READY
r, ~,
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PN10-Ol CITY OF CLEARWATER ATTN:EARL
PARCEL 10 03-29-15-86778-000-0010 PAZIP YRBLT/EFF FLRS TOT SQFT
1925 EDGEWATER DR 34615 ~952 1955 11,472
OWNER'S NAME AND ADDRESS V P W G BLDGS == IMPROVEMENT
MILLER, FRANK H. P 3 14 MOTEL
MILLER, ANN H. LEGAL DESCRIPTION
1925 EOGEWATER DR SUNNY DALE SUB
CLEARWATER, FL 346151416 LOTS 1, 2 & W 34FT OF LOT
LOT SIZE ==> ISC COUNTY 3 LESS RD R/W FROM LOT 1
$/SQFT AVJ
CENSUS
261.00
NBHD
== HEAT SQF':
10,72:
PBOOK/pc
31 1:
YEAR IMPROVEMENT LAND ASSESSMENT, SQ/FT YEAR TAXES PO 0 TX/F~
1994 154,800 309,600 464,400 40.48 1994 10,179.27 Y N O.Be
SALE DATE AMOUNT BOOK/PAGE DT Q T SALE DATE AMOUNT BOOK/PAGE DT Q ~
SELLER'S NAME
~===== LAND I PROPERTY USE ========
39 313 HOTEL/MOTEL (1-20 UNITS)
,AMOUNT DATE MTG TYPE RATE
" .
HOMESTD Ll
25000 1
NUMBER
MORTGAGE COMPANY
GENERAL REVIEW DATE
26-0CT-90
ENTER=FWD F1=DOCS
PNIO
BUILD!NG REVIEW DATE
2B-DEC-92
F2=BLDG F4=TAX F5=LGL F7=DIM F8=XFEAT F13=SKTCH F6=COMP MEN~
ISC
READY
" .
PN10-01 CITY OF CLEARWATER ATTN:EARL
PARCEL 10 03-29-15-86778-000-0410 PAZIP YRBLT/EFF FLRS TOT SQFT
1941 EDGEWATER DR 00000 1952 1972 7,969
OWNER'S NAME AND ADDRESS V P W G BLOGS == IMPROVEMENT
BHULA, RAMAN P 2 14 MOTEL
1941 EDGEWATER DR LEGAL-DESCRIPTION
CLEARWATER, FL SUNNYDALE SUB
346151417 LOT 41 LESS W 17.0BFT FOR
LOT SIZE ==> ISC COUNTY ST
$/SQFT AVi
63.99 0.9:
== HEAT SQF:
6, B5~
PBOOK/P{
31 1:
CENSUS
261.00
NBHD
YEAR IMPROVEMENT LAND
1994. 172,000 344,000
SALE DATE AMOUNT BOOK/PAGE
JAN. 1984 510,000 5680 1139
ASSESSMENT 501FT YEAR TAXES PO 0 TX/FS
516,nOO 64.75 1994 11,953.81 Y Y 1.Se
DT Q T SALE DATE AMOUNT BOOK/PAGE DT Q ~
M E
, "
SELLER'S NAME
=====~ LAND I PROPERTY USE ========
39 313 HOTEL/MOTEL (1-20 UNITS)
AMOUNT DATE MTG TYPE RATE
HOMESTD L!
o I
NUMBER
MORTGAGE COMPANY
GENERAL REVIEW DATE BUILDING REVIEW DATE
Ol-JAN-81 12-APR-93
ENTER=FWO F1=OOCS F2=BLDG F4=TAX F5=LGL F7=OIM F8=XFEAT F13=SKTCH F6=COMP MENt
.
."
... i1. ~
: .
17.,
@
ISC
PN10
,
COUNTY SHOWS TAXES DELINQUENT, F4=:VIE\'1
READY
PN10-01 CITY OF 'CLEARWATER ATTN:EARL
PARCEL 10 03-29-15-28674-002-0030 PAZIP YRBLT/EFF FLRS TOT SQFT $/SQFT AVR
1949 EDGEWATER DR 00000 1958 1958 1,438 46.94 0.B3
OWNER'S NAME AND ADDRESS V P W G BLDGS ~ IMPROVEMENT == HEAT SQFT
MOSCHOS, STEFANOS G 1 01 SINGLE FAMILY 1,265
MOSCHOS, BETTY LEGAL DESCRIPTION CENSUS PBOOK/PG
120. CARLYLE CIR FLORIDENA 261.00 9 34
PALM HARBOR, FL 346831803 BLK 8, LOT 3 NBHD
LOT SIZE => ISC COUNTY 029
9,853 SQ FT 59 X 167
IMPROVEMENT LAND ASSESSMENT
33,400 47,300 80,700
AMOUNT BOOK/PAGE DT Q T SALE
67,500 5896 1078 Q A
YEAR
1994
SALE DATE
DEC. 1984
SQ/FT YEAR TAXES PD 0 TX/FT
56.11 1994 1,869.52 Y N 1.30
DATE AMOUNT BOOK/PAGE DT Q T
SELLER'S NAME
====== LAND / PROPERTY USE ========
01 210 SINGLE FAMILY HOME
AMOUNT DATE MTG TYPE RATE
HOMESTD LP
o N
NUMBER
MORTGAGE COMPANY
GENERAL REVIEW DATE BUILDING REVIEW DATE
13-JAN-92 27-DEC-93
ENTER=FWD F1=DOCS F2=BLDG F4=TAX F5=LGL F7=DIM F8=XFEAT F13=SKTCH F6=COMP MENU
PNIO ..'~ ISC
. READY
PN10-01 CITY OF CLEARWATER ATTN:EARL
PARCEL 1D 03-29-15-28674-002-0020 PAZIP YRBLT/EFF FLRS TOT SQFT $/SQFT AVF
1951 EDGEWATER DR 34615 1935 1935 1,748
OWNER'S NAME AND ADDRESS V P W G BLOGS == IMPROVEMENT
GRAY, WILLIAM L. P G 1 01 SINGLE FAMILY
GRAY, JANET C. LEGAL DESCRIPTION CENSUS
1951 EDGEWATER DR FLORIDENA 261.00
CLEARWATER, FL 346151417 BLK B, LOT 2 NBHD
LOT SIZE ==> ISC COUNTY 029
9,211 SQ FT 61 X 151
YEAR IMPROVEMENT LAND - ASSESSMENT SQjFT YEAR TAXES PO 0 TX/F~
1994 41,400 48,700 90,100 51.54 1994 1,508.13 Y N 0.8(
SALE DATE AMOUNT BOOK/PAGE DT Q T SALE DATE AMOUNT BOOK/PAGE OT Q ~
== HEAT SQF'!
1, 60t '
PBOOK/PG
9 3~
Ie
I
SELLER' 5 NAME
====== LAND I PROPERTY USE ========
01 210 SINGLE FAMILY HOME
AMOUNT, DATE MTG TYPE RATE
HOMESTO LI
25000 ' l
NUMBER
MORTGAGE COMPANY
GENERAL REVIEW DATE BUILDING REVIEW DATE
02-JAN-92 27-DEC-93
ENTER=FWD F1=DOCS F2=BLDG F4=TAX F5=LGL F7=DIM F8~XFEAT F13=SKTCH F6=COMP MENl
PN10 ISC
READY
PN10-01 CITY OF CLEARWATER ATTN:EARL
PARCEL ID 03-29-15-28674-002-0010 PAZIP
1959 EDGEWATER DR' 34615
OWNER'S NAME AND ADDRESS V P W
ROGER P MANSUR &W SANDRA J
YRBLT/EFF FLRS TOT SQFT
1958 1958 1,512
G BLOGS == IMPROVEMENT
G 1 01 SINGLE FAMILY
$/SQFT AVl
82.34 1.2'
== HEAT SQF'.
1,33(
.!....... +'...,J~... ~I.\'. ......+..~.~ .......
.....~,
r ". .
~ . t
-
( '..
"L
@)
1959 EDGEWATER DR
CLEARWATER FL
346151417
LOT SIZE ~=> ISC COUNTY
10,108 SQ FT 76 X 133
YEAR IMPROVEMENT LAND' ASSESSMENT
1994 37,200 59,000 96,200
SALE DATE AMOUNT BOOR/PAGE DT Q T SALE
JAN. 1995 . 124,500 8898 1114 WD P
HAY 1992 101,000 7903 846 Q A
l~. 1984 90,000 5715 472 Q A
SELLER'S NAME ====== LAND / PROPERTY USE ======== HOMESTD LP
ROGER E AND JOSEPHINE A WARD 01 210 SINGLE FAMILY HOME 25000 N
MORTGAGE COMPANY AMOUNT' DATE MTG TYPE RATE NUMBER
FIRST SECURITY SAVINGS BANK 99,600 012395 CON FIXED N/A 95002761
GENERAL REVIEW DATE BUILDING REVIEW DATE
27-DEC-93 27-DEC-93
ENTER=FWD F1=DOCS F2=BLDG F4=TAX F5~LGL F7=DIM F8=XFEAT F13=SKTCH F6=COMP MENU
PN10 RECENT OEED/HTG PRESENT - F1=VIEW ISC
READY
LEGAL DESCRIPTION
FLORIDENA
BLK B, LOT 1
CENSUS
261.00
NBHD
029
PBOOK/PG
9 34
501FT YEAR TAXES PO D TX/FT
63.62 1994 1,649.44 Y N 1.09
DATE AMOUNT BOOK/PAGE DT Q T
OF CLE1(R.WATER ATTN:EARL
p ID 03-29-15-2a69i~oo-0010 PAZIP
.-1 63 EDGEWATER DR \ 34615
/::-'OWNER'S NAME AND ADDRESS . V P W
(MICHAEL J JACKSON <1--
1963 EDGEWATER DR /'
CLEARWATER, FL .-
4615
LOT
-->.-ISC
8,.550 SQ'FT
YEAR' IMPROVEMENT
1994 48,000
SALE DATE AMOUNT
FEB_ 1994 139,000
APR. 1990 110,000
COUNTY
75 X 114
LAND ASSESSMENT
53,900 101,900
BOOK/PAGE OT Q T SALE
8578 321 Q F
7245 62 U F
YRBLT/EFF FLRS TOT SQFT
1968 1968 1,924
G BLDGS == IMPROVEMENT
G 1 01 SINGLE FAMILY
.... LEGAL DESCRIPTION' CENSUS
FLORIDENA REPLAT 261.00
LOT A NBHD
029
$/SQFT AVR
72.24 1.36
== HEAT SQFT
1,574
PBOOK/PG
26 13
SQ/FT YEAR TAXES PD D TX/FT
52.96 1994 2,360.65 Y N 1.22
DATE AMOUNT BOOK/PAGE DT Q T
SELLER'S NAME ====== LAND / PROPERTY USE ========
MADDOCK JEFFREY L 01 210 SINGLE FAMILY HOME
MORTGAGE COMPAN~ AMOUNT DATE MTG TYPE RATE
AMERICAS WHLSLE LENDER 125,000'022594 N/A N/A
GENERAL REVIEW DATE BUILDING REVIEW DATE
18-FEB-94 18-FEB-94
ENTER=FWD Fl=OOCS F2=BLDG F4=TAX F5=LGL F7=DIM F8=XFEAT F13=SKTCH F6=COMP MENU
PN10 RECENT DEED/MTG PRESENT - Fl=VIEW ISC
READY
HOMESTD LP
o N
NUMBER
PN10-01 CITY OF CLEARWATER ATTN:EARL
PARCEL ID 03-29-15-28674-001-0020 PAZIP
1967 EDGEWATER DR " i 00000
OWNER'S NAME AND ADDRESS V P W
PHILUMALEE, J. J . EST
C/O OLSON, MARGARET P.
1806 SEMINOLE HWY
MADISON,. WI 537113812
LOT SIZE ~=> ISC
10,560 SQ FT
YEAR IMPROVEMENT
1994 35,500
SALE DATE AMOUNT
COUNTY
60 X 176
LAND ASSESSMENT
51,600 87,100
BOOK/P~GE DT Q T SALE
YRBLT/EFF FLRS TOT SQFT $/SQFT. AVF
1953 1953 1,551
G BLOGS == IMPROVEMENT == HEAT SQF1
G 1 01 SINGLE FAMILY 1/S3!
LEGAL DESCRIPTION CENSUS PBOOR/PC
FLORIDENA 261.00 9 3~
BLK A, LOT 2 NBHD
029
501FT YEAR TAXES PO 0 TX/F~
56.15 1994 2,017.78 Y N 1.3t
DATE AMOUNT BOOK/PAGE DT Q 1
t1;',
. '.
(:.
@
SELLER'S NAME
====== LAND / PROPERTY USE ======== HOMESTD LF
01 210 SINGLE FAMILY HOME 0 N
AMOUNT DATE M
MORTGAGE COMPANY
PN10-01 CITY OF CLEARWATER ATTN:EARL
PARCEL 1D 03-29-15-28674-001-0010 PAZIP YRBLT/EFF FLRS TOT SQFT $/SQFT AVR
1971 EDGEWATER DR: 34615 1953 1953 1,848
OWNER'S NAME AND ADDRESS V P W G SLDGS ~= IMPROVEMENT'
ROSS, KIP G. G 1 01 SINGLE FAMILY
1971 EDGEWATER DR LEGAL DESCRIPTION CENSUS
CLEARWATER, FL FLORIDENA 261.00
. .346151418 BLK A, LOT 1 NBRD
LOT SIZE ==> ISC COUNTY 029
10,309 SQ FT 61 X 169
YEAR I"PROVEMENT LAND ASSESSMENT
1994 41,700 50,800 92,500
SALE DATE AMOUNT BOOK/PAGE DT Q T SALE
== HEAT SQFT
1,55C
PBOOK/PG
9 34
SQ/FT YEAR TAXES PD D TX/F~
50.05 1994 1,563.73 N N 0.84
DATE AMOUNT BOOK/PAGE DT Q ~
~.' *'p
====== LAND / PROPERTY USE ========
01 210 SINGLE FAMILY HOME
MORTGAGE COMPANY AMOUNT DATE MTG TYPE RATE
BARNETT BANK 17,615 051194 CON FIXED N/A
GENERAL REVIEW DATE BUILDING REVIEW DATE
23-NOV-93 23-NOV-93
ENTER=FWD F1=DOCS F2=BLOG F4=TAX F5=LGL F7=DIM F8=XFEAT F13=SKTCH F6=COHP HENC
PN10 RECENT MORTGAGE PRESENT - F1=VIEW ISC
READY
SELLER'S NAME
HOMESTD LF
25000 1\
NUMBER
026 040200651!;
P~10-01 CITY OF CLEARWATER ATTN:EARL
PARCEL 1D 03-29-15-68094-002-0020 PAZIP YRBLT/EFF FLRS TOT SQFT $/SQFT AVF
1975 EDGEWATER DR 00000 1952 1952 1,577
OWNER'S NAME AND ADDRESS V P W G BLOGS == IMPROVEMENT
GLENN, CHARLES A. G 1 01 SINGLE FAMILY
GLENN, MAY L. LEGAL DESCRIPTION CENSUS
554 TALLAHASSEE DR NE PEALE PARK 261.00
, ST PETERSBURG, FL 337022712 BLK B, LOT 2 NBHD
LOT SIZE ==> ISC COUNTY 029
12,780 SQ FT 71 X 180
YEAR IMPROVEMENT LAND ASSESSMENT
1994 28,200 60,400 88,600
SALE DATE AMOUNT BOOK/PAGE DT Q T SALE
== HEAT SQF']
1,30~
PBOOK/PC
12 17
501FT YEAR TAXES PD D TX/F~
56.18 1994 2,052.53 Y N l.3(
DATE AMOUNT BOOK/PAGE DT Q ~
SELLER'S NAME
====== LAND / PROPERTY USE ========
01 210 SINGLE FAMILY HOME
AMOUNT DATE MTG TYPE RATE
BUILDING REVIEW DATE
HOMESTD Ll
o I
NUMBER
MORTGAGE COMPANY
GENERAL REVIEW DATE
1".'~~""l.lo'O"~""'H+~d'.. .~;,.-".
1..-"
,
f;';
@
20-DEC-93 20-DEC-93
ENTER=FWD Fl=DOCS F2=BLOG F4=TAX F5=LGL F7=DIM F8=XFEAT F13=SKTCH F6=COMP MENU
PNIO ISC
READY
PNIO-01 CITY OF CLEARWATER ATTN:EARL
PARCEL 10 03-29-15-68094-002-0010 PAZIP
1985 EOGEWATER DR 00000
OWNER'S NAME AND ADDRESS V P W
AUSTIN; RONNIE J.
AUSTIN, SUSAN C.
1985 EOGEWATE..'q, OR
CLEARWATER, FL 346151418
LOT SIZE ==> ISC COUNTY
11,289 SQ FT 71 X 159
YEAR IMPROVEMENT LAND ASSESSMENT
1994 36,700 59,600 96,300
SALE DATE AMOUNT BOOK/PAGE OT Q T SALE
JUN. 1993 115,000 8304 1877 Q A
YRBLT/EFF FLRS TOT SQFT $/SQFT AVR
1950 1950 1,608 71.51 1.19
G BLDGS == IMPROVEMENT == HEAT SQFT
G 1 01 SINGLE FAMILY 1,497
LEGAL DESCRIPTION CENSUS PBOOK/PG
PEALE PARK 261.00 12 17
BLK a, LOT 1 NBHO
029
5Q/FT YEAR TAXES PO 0 TX/FT
59.88 1994 1,651.76 Y N 1.02
DATE AMOUNT BOOK/PAGE DT Q T
SELLER'S NAME
=~==== LAND I PROPERTY USE ======== HOMESTO LP
01 210 SINGLE FAMILY HOME 25000 N
AMOUNT DATE MTG TYPE RATE NUMBER
201652
MORTGAGE COMPANY
. GENERAL REVIEW DATE
. 23 -NOV-93
ENTER=FWO F1=DOCS F2=BLDG
,PNIO
BUILDING REVIEW DATE
23-NOV-93
F4=TAX F5=LGL F7=DIM F8=XFEAT F13=SKTCH F6=COMP MENU
ISC
READY
PNIO-01 CITY OF CLEARWATER ATTN:EARL
PARCEL 10 03-29-15-68094-001-0020 PAZIP
2003 EOGEWATER DR 34615
OWNER'S NAME AND ADDRESS V P W
TIMOTHY I MALONEY &W JENNIGER M V
1009 FARM LN
AMBLER, PA
19002
LOT SIZE ==> ISC
10, 863 SQ FT
YEAR IMPROVEMENT
1994 0
SALE DATE AMOUNT
JUN. 1994 62,500
G BLDGS ==
G 00
LEGAL DESCRIPTION
PEALE PARK
BLK A, LOT 2
YRBLT/EFF FLRS TOT 5QFT $/SQFT
o 5.75
IMPROVEMENT == HEAT
COUNTY
71 X 153
LAND ASSESSMENT SQ/FT YEAR TAXES PO D TX/FT
56,700 56,700 5.21 1994 1,313.53 Y N 0.12
BOOK/PAGE DT Q T SALE DATE AMOUNT BOOK/PAGE DT Q T
8683 2047 Q
CENSUS
261.00
NBHD
029
AVR
1.10
SQFT
o
PBOOK/PG
'12 17
SELLER'S NAME
ARTHUR J AND MARIE I BOREALI
MORTGAGE COMPANY
CO~ITY FIRST BK
GENERAL REVIEW DATE
27-APR-90
ENTER-FWD F1=DOCS F2=BLDG F4=TAX F5=LGL F7=OIM F8=XFEAT F13=SKTCH F6=COMP MENU
PN10 RECENT DEEO/MTG PRESENT - F1=VIEW ISC
READY
====== LAND / PROPERTY USE ========
00 000 VACANT-RESIDENTIAL
AMOUNT DATE MTG TYPE RATE
50,000 060294 BAL ADJUS 6.50
BUILDING REVIEW DATE
HOMESTO LP
o N
NUMBER
PNIO-Ol CITY OF CLEARWATER ATTN:EARL
PARCEL ID 03-29-15-68094-001-0010 PAZIP YRBLT/EFF FLRS TOT SQFT $/SQFT AVR
2009 EDGEWATER DR 34615 1966 1966 2,150 67.44 1.32
:~.l-I/"'...'\.'_ :"0;..... "~. ....-. .
-
-
.'
~~
C?J
HEAT SQFT
1,782
PBOOK/PG
12 17
-.
OWNER'S NAME AND ADDRESS
JOSEPH W AUCLAIR
LUCILLE C AUCLAIR
2003 EDGEWATER DR
CLEARWATER FL 346151020
LOT SIZE ==> ISC
9,301 SQ FT
IMPROVEMENT
55,000
AMOUNT
145,000
V P W G BLOGS =~ IMPROVEMENT ==
G 1 01 SINGLE FAMILY
LEGAL DESCRIPTION CENSUS
PEALE PARK 261.00
BLK A, LOT 1 NBHD
029
YEAR
1994
SALE DATE
JUN. 1994
COUNTY
71 X 131
LAND ASSESSMENT
54,100 109,100
BOOK/PAGE DT Q T SALE
8684 511 M
SQ/FT YEAR TAXES PO 0 TX/FT
50.74 1994 1,948.29 Y N 0.90
DATE AMOUNT BOOK/PAGE DT Q T
SELLER'S NAME
AKINS, RAY
MORTGAGE COMPANY
====== LAND I PROPERTY USE ========
01 210 SINGLE FM1ILY HOME
AMOUNT DATE MTG TYPE RATE
HOMESTO LP
25000 N
NUMBER
GENERAL REVIEW DATE BUILDING REVIEW DATE
29-0CT-91 30-DEC-93
ENTER=FWD Fl=ooes F2=BLDG F4=TAX F5=LGL F7=DIM F8=XFEAT F13=SKTCH F6=COMP MENU
PN10 RECENT DEED PRESENT - F1=VIEW ISC
READY
PN10-Ol CITY OF CLEARWATER ATTN:EARL
PARCEL 1D 03-29-15-47430-002-0010 PAZIP YRBLT/EFF FLRS TOT SQFT $/SQFT AVR
2021 EDG~wATER DR 34615 1948 1948 3,649 49.32 1.08
OWNER'S NAME AND ADDRESS .... V P W G BLDGS == IMPROVEMENT == HEAT SQF'I
GREGOIRE, GARY L. G 1 03 DUPLEX/TRIPLEX 3,256
GREGOIRE, SUZANNE M. LEGAL DESCRIPTION CENSUS PBOOK/PG
2021 EDGEWATER DR LA JOLLA SUB 261.00 10 76
CLEARWATER, FL 346151020 BLK 5, LOTS 1 AND 2, LESS. NBHD
LOT SIZE ==> ISC COUNTY THE S 15FT OF W 146FT OF 029
18,178 SQ FT 122 X 149 LOT 2
YEAR IMPROVEMENT. LAND ASSESSMENT
1994 82,600 82,700 . 165,300
SALE DATE AMOUNT BOOK/PAGE DT Q T SALE
MAY 1988 180,000 6744 1489 Q F JUL.
MAR. 1986 125,000 6194 1250 U F
MAR. 1986 144,800 6194 1247 U F
SELLER'S NAME ====== LAND / PROPERTY USE ========
08 220 DUPLEX-TRIPLEX
AMOUNT DATE MTG TYPE RATE
5Q/FT
45.30
DATE
1985
YEAR TAXES PD D
1994 3,250.23 Y N
AMOUNT BOOK/PAGE
175,000 6030 902
TX/F1
0.89
DT Q 'I
M F
MORTGAGE COMPANY
HOMESTD L'I-
25000 1"-
NUMBER
GENERAL REVIEW DATE BUILDING REVIEW DATE
19-MAY-93 30-DEC-93
ENTER=FWD F1=DOCS F2=BLDG F4=TAX F5=LGL F7=DIM F8=XFEAT F13=SKTCH F6=COMP HENt
PN10 ISC
READY
.
PN10-Ol CITY OF CLEARWATER ATTN:EARL
PARCEL 10 03-29-15-47430-001-0010 PAZIP
2025 EDGEWATER DR 00000
OWUER'S NAME AND ADDRESS V P W
GINGER, ROBERT P. TRE
GINGER, JULIE L. TRE
432 COUNTRY CLUB RD
BELLEAIR, FL 346161005
LOT SIZE ==> ISC -
YRBLT/EFF FLRS TOT SQFT $/SQFT AV}
1972 1972 11,222
G BLDGS == IMPROVEMENT == HEAT SQF:
1 10 APARTMENTS 10,OOC
LEGAL DESCRIPTION . CENSUS PBOOK/P(
LA JOLLA SUB 261.00 10 7(
BLK A, LOTS 1 AND 2 NBHO
COUNTY
YEAR IMPROVEMENT
LAND
ASSESSMENT SQ/FT YEAR
TAXES PO 0 TX/F~
"..... ~.
Cff)
1994 6,896.61 Y N 0.61
AMOUNT BOOK/PAGE DT Q T
.-
1994 125,700 172,000 297,700 26.52
SALE.DATE AMOUNT BOOK/PAGE DT Q T SALE DATE
SELLER'S NAME
====== LAND / PROPERTY USE ========
03 311 APARTMENTS (10-49 UNITS)
AMOUNT DATE MTG TYPE RATE
HOMESTD LP
o N
NUMBER
MORTGAGE COMPANY
GENERAL REVIEW DATE
01-JAN-81
ENTER=FWD Fl=DOCS F2=BLDG
PN10
BUILDING REVIEW DATE
18-DEC-92
F4=TAX F5=LGL F7=DIM F8=XFEAT F13=SKTCH F6=COMP MENU
ISC
READY
PN10-01 CITY OF CLEARWATER ATTN:EARL
PARCEL 10 03-29-15-00000-220-0700 PAZIP YRBLT/EFF FLRS TOT SQFT
'2035 EDGEWATER DR ~ 33706 1955 1965 7,004
OWNER'S NAME AND ADDRESS V P W G BLDGS == IMPROVEMENT
JORDAN, ROCKY M. 1 10 APARTMEN'l'S
JORDAN, BONITA L. LEGAL DESCRIPTION CENSUS
WEST BLOG APT 512W BEG AT THf. SW COR OF LOT 3 261.00
1 KEY CAPRI 337065900 HOMEWATERS SUB TH RUN E NBHD
LOT SIZE ==> ISC COUNTY 267.73 FT ALONG THE sua
LINE TH RUN SW'LY ALONG
ASSESSMENT 5Q/FT YEAR TAXES PO 0 TX/F~
255,000 36.40 1994 5,907.41 Y N 0.8<
OT Q T SALE DATE AMOUNT BOOK/PAGE DT Q ~
Q A
$/SQFT AVR
42.83 1.17
== HEAT SQFT
6,630
PBOOK/PG
YEAR IMPROVEMENT LAND
1994' 68,000 187,000
SALE DATE AMOUNT BOOKjPA~E
MAR. 1993 300,000 8190 2369
SELLER'S NAME
MORTGAGE COMPANY
====== LAND j PROPERTY USE ====~===
39 313 HOTEL/MOTEL (1-20 UNITS)
AMOUNT DATE MTG TYPE RATE
HOMESTO LI
o r
NUMBER
GENERAL REVIEW DATE
01-JUN-93
ENTER=FWD Fl=OOCS F2=BLOG
PN10
BUILDING REVIEW DATE
Ol-JUN-93
F4~TAX F5=LGL F7=DIM F8=XFEAT F13=SKTCH F6=COMP MENl
ISC
READY
PN10-01 CITY OF CLEARWATER ATTN:EARL
PARCEL 10 03-29-15-41004-000-0040 PAZIP YR8LTjEFF FLRS TOT SQFT $jSQFT AVl
''2049 EDGEWATER DR-, \ 00000 1965 1965 6,974
lOwNER~S NAMEAND-AODRESS V P W G BLDG5 == IMPROVEMENT
KINCAID, ARNOLD D. 3 10 APARTMENTS
KINCAID, CHRISTINE J. LEGAL DESCRIPTION CENSUS
1920 BIG BEND DR. HOMEWATERS SUB 261.00
DES PLAINES, IL 600163519 LOT 4 NBHD
LOT SIZE ~=> ISC COUNTY
== HEAT SQP',
6,92:
PBOCiK/ PI
33 2
YEAR IMPROVEMENT LAND ASSESSMENT SQ/FT YEAR TAXES PO D TX/F
1994 138,300 187,000 325,300 46.64 1994 7,536.00 Y N 1.0
SALE DATE AMOUNT BOOK/PAGE DT Q T SALE DATE AMOUNT BOOK/PAGE DT Q
SELLER'S NAME
====== LAND I PROPERTY USE ========
03 311 APARTMENTS (10-49 UNITS)
AMOUNT DATE MTG TYPE RATE
HOMESTD L
o
NUMBER
MORTGAGE COM~AN"i
.
t'.
,. j';'
. '
,-
t. '. ~
, .
,~ ~
GENERAL REVIEW DATE
29-APR-81
ENTER=FWD Fl=DOCS F2=BLDG
PN10
BUILDING REVIEW DATE
18-DEC-92
F4=TAX F5=LGL F7=DIM F8QXFEAT F13=SKTCH F6=COMP,MENU
ISC
READY
PU10-Ol CITY OF CLEARWATER ATTN:EARL
PARCEL ID 03-29-15-00000-220-0400 PAZIP YRBLT/EFF FLRS TOT SQFT
~2057 EDGEWATER DR 00000 1960 1960 9,701
OWNER'S NAME AND ADDRESS V P W G BLDGS =Q IMPROVEMENT
EDGEWATER RETIREMENT MANOR 1 17 NURSING HOME
2057 EDGEWATER DR LEGAL DESCRIPTION CENSUS
CLEARWATER, FL BEG AT THE SE COR OF THE 261.00
346151003 INTERSEC OF MARINE ST AND NBHD
LOT SIZE ==> ISC COUNTY EDGEWATER DR TH RUN E 251
32,379 SQ FT 129 X 251 FT(S) ALONG THE S R/W OF
YEAR IMPROVEMENT LAND ASSESSMENT 5Q/FT YEAR TAXES PO 0 TX/FT
1994 162,100 120,900 283,000 29.17 1994 6,556.06 Y N 0.67
SALE DATE AMOUNT BOOK/PAGE DT Q T SALE DATE AMOUNT BOOK/PAGE DT Q T
JUL. '1988 400,300 6787 1600 Q J
$/SQFT AVR
41.26 1.41
=::z HEAT SQFT
9,691
PBOOK/PG
SELLER'S NAME
MORTGAGE COMPANY
====== LAND I PROPERTY USE ======== HOME5TD LP
78 356 ACLF (10+ UNITS) 0 N
AMOUNT DATE MTG TYPE RATE NUMBER
GENERAL REVIEW DATE BUILDING REVIEW DATE
Ol-JAN-a1 20-JUN-94
ENTER=FWD F1=DOC5 F2=BLDG F4=TAX F5=LGL F7=DIM F8=XFEAT F13=SKTCH F6=COMP MENU
PN10 ISC
READY
PNIO-Ol CITY OF CLEARWATER ATTN:EARL
PARCEL 10 03-29-15-927J8-000-0010 PAZIP YRBLT/EFF FLRS TOT SQFT $/SQFT AVF
2087 EDGEWATER DR A 34615 1985 1.0 2,200 68.18 1.01
OWNER'S NAME AND ADDRESS V P W G BLDGS == IMPROVEMENT == HEAT SQF~
ORELLI, PHILLIP J. W 00 C
ORELLI, BARBARA R. LEGAL DESCRIPTION CENSUS PBOOK/PG
UNIT A 2087 EDGEWATER CONDO 261.00 85 JS
2087 EDGEWATER DR 346~51033 UNIT A NBHD
LOT SIZE ==> ISC COUNTY
YEAR IMPROVEMENT
1994 147,100
SALE DATE AMOUNT
OCT. 1991 150,000
JUL. 1985 225,000
SELLER'S NAME
MORTGAGE COMPANY
GENERAL REVIEW DATE
LAND ASSESSMENT SQ/FT YEAR TAXES PD D TX/F~
o 147,100 66.86 1994 2,817.02 Y N 1.2[
BOOK/PAGE DT Q T SALE DATE AMOUNT BOOK/PAGE DT Q ~
7715 628 Q A
6038 44 Q A
~===== LAND I PROPERTY USE ========
04 230 CONDOMINIUM
AMOUNT DATE MTG TYPE RATE
HOMESTD L:
25000
NUMBER
925353
BUILDING REVIEW DATE
I
I.
ENTER=FWD Fl=DOCS F2=BLDG F4=TAX F5=LGL F7=DIM F8=XFEAT F13=SKTCH F6=COMP MEN'
PN10 1SC
READY
PN10-Ol CITY OF CLEARWATER ATTN:EARL
.. d.
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.
. .
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FLItS TOT SQFT $/SQFT A-,
1.0 2,200 79.54 1.2
IMPROVEMENT == HEAT SQF
(,
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PARCEL ID 03-29-15~92738-000-0020
2087 EDGEWATER'DR B
OWNER'S NAME AND ADDRESS
SOURBEER, JOHN N.
SOURBEER, JACQUELYN B.
UNIT B .
2087 EDGEWATER DR 346151033
LOT SIZE aIlS> ISC cOUNtry
YEAR IMPROVEMENT
1994 143,500
SALE DATE AMOUNT
JAN. 1993 175,000
OCT. 1991 135,000
AUG. 1985 240,000
SELLER'S NAME
.MORTGAGE COMPANY
GENERAL REVIEW DATE
PAZIP YRBLT/EFF
34615 1985
V P W G BLDGS =:::11
W .00
LEGAL DESCRIPTION
2087 EDGEWATER CONDO
UNIT 8
PBOOK/f
85 3
CENSUS
261.00
NBHD
LAND ASSESSMENT 5Q/FT YEAR TAXES PO 0 TX/F
o 143,500 65.22 1994 2,745.21 Y N 1.2
BOOK/PAGE DT Q T SALE DATE AMOUNT BOOK/PAGE DT Q
8161 1630 Q F
7720 195 U F
6050 749 Q F
====== LAND / PROPERTY USE ========
04 230 CONDOMINIUM
AMOUNT DATE MTG TYPE RATE
HOMESTD 1
25000
NUMBER
0041663
BUILDING REVIEW DATE
ENTER~FWD F1=Does F2=BLDG F4=TAX F5=LGL F7=DIM F8=XFEAT F13=SKTCH F6=COMP ME~
PNIO ISC
READY
PN10-01 CITY OF CLEARWATER ATTN:EARL
PARCEL 10 03-29-15-92738-000-0030 PAZIP YRBLT/EFF FLRS TOT SQFT
2087. EOOEWATEl("OR C ~'" . 00000 1985 1.0 2,200
OWNER'S NAME AND ADDRESS V P W G BLDGS == IMPROVEMENT
.' REBER, DUANE L. W 00
~ REBER, JACQUELINE B. LEGAL DESCRIPTION '
\, POBOX 2309 2087 EDGEWATER CONDO
GREAT FALLS, MT 594032309 UNIT C
LOT SIZE ==> ISC COUNTY ~
YEAR IMPROVEMENT
1994 143,500
SALE DATE AMOUNT
MAY . 1992 175,000
JUL. 1990 128,000
SELLER'S NAME
MORTGAGE COMPANY
GENERAL REVIEW DATE
$/SQFT A\
79.54 1. ~
== HEAT SQF
CENSUS PBOOK/ I
261.00 85
NBRD
LAND ASSESSMENT SQ/FT YEAR TAXES PO 0 TX/F
o 143,500 65.22 1994 3,324.36 Y N 1.~
BOOK/PAGE DT Q T SALE DATE AMOUNT BOOK/PAGE DT Q
7920 411 Q A
7333 2101 U A
====== LAND / PROPERTY USE ========
04 230 CONDOMINIUM
AMOUNT DATE MTG TYPE
HOMESTD 1
o
RATE NUMBER
753254
BUILDING REVIEW DATE
ENTER=FWD Fl=DOCS F2=BLDG F4=TAX F5=LGL F7=D1M F8=XFEAT F13=SKTCH F6=COMP ME)
PNIO IS(
READY
PNIO-Ol CITY OF CLEARWATER ATTN:EARL
PARCEL ID 03-29-15-92738-000-0040 PAZIP YRBLT/EFF FLRS TOT SQFT
2087 EDGEWATER DR 0 00000 1985 1.0 2,200
OWNER I S NAME AND ADDRESS V P W G BLDGS == IMPROVEMENT
485374 ONTARIO LTD W 00
RR 2 ' LEGAL DESCRIPTION
PORT CARLING 2087 EDGEWATER CONDO
LAKE ROSSEAU, ONTARIO 00020 UNIT D
LOT SIZE ==> ISC COUNTY ,
_..,....1.. .,.
$/SQFT A'
115.90 1..
== HEAT SQj
CENSUS
261.00
NBHD
PBOOK/ j
85
-
(!!)
YEAR IMPROVEMENT LAND ASSESSMENT SQ/FT YEAR TAXES PO D TX/FT
1994 143,500 0 143,500 65.22 1994 3,324.36 Y N 1.51
SALE DATE AMOUNT BOOK/PAGE DT Q T SALE DATE. AMOUNT BOOK/PAGE DT Q T
NOV. 1985 255,000 6106 2057 U F
SELLER I S NAME
====== LAND / PROPERTY USE ========
04 230 CONDOMINIUM
AMOUNT DATE MTG TYPE RATE
BUILDIHG REVIEW DATE
HOMESTD LP
o N
NUMBER
MORTGAGE COMPANY
GENERAL REVIEW DATE
ENTER=FWD F1=DOCS F2=BLDG F4=TAX F5=LGL F7=DIM F8=XFEAT F13=SKTCH F6=COMP MENU
PN10 ISC
READY
.
PNIO-Ol CITY OF CLEARWATER ATTN: EARL
PARCEL 10 03-29-15-92738-000-0050 PAZIP YRBLT/EFF FLRS TOT SQFT
2087 EDGEWATER DR E 34615 1985 1.0 2,200
OWNER'S NAME AND ADDRESS V P W G BLOGS == IMPROVEMENT
GARRISON, WILBORN W 00
GARRISON, JOHN J. LEGAL DESCRIPTION
UNIT E 2087 EDGEWATER CONDO
2087 EDGEWATER DR 346151015 UNIT E
LOT SIZE ==> ISC COUNTY
$/SQFT AVR
56.81 0.87
== HEAT SQFT
o
PBOOR/PG
85 39
CENSUS
261.00
NBHD
YEAR IMPROVEMENT LAND . ASSESSMENT SQ/ FT YEAR TAXES PO D TX/ F'I
1994 143,500 0 143,500 ~5.22 1994 2,745.21 Y N 1.24
SALE DATE AMOUNT BOOK/PAGE DT Q T SALE DATE AMOUNT BOOK/PAGE DT Q 1
JUN. 1990 125,000 7299 775 U A
SELLER'S NAME
====== LAND / PROPERTY USE ======== HOMESTD LI
04 230 CONDOMINIUM 25000 t.
AMOUNT DATE MTG TYPE RATE NUMBER
MORTGAGE COMPANY
GENERAL REVIEW DATE
BUILDING REVIEW DATE
ENTER=FWD FleDoes F2~BLDG E4=TAX F5=LGL F7=DIM F8=XFEAT F13=SKTCH F6=COMP MENl
PN10 ISC
READY
PNIO-Ol CITY OF CLEARWATER ATTN: EARL
PARCEL 10 03-29-15-92738-000-0060 PAZIP YRBLT/EFF FLRS TOT SQFT
2087' EDGEWATER DR F 34615 1985 1.0 2,200
'OWNER'S NAME AND ADDRESS V P W G BLDGS == IMPROVEMENT
GRANT, CATHLEEN W. W 00
WELLS, JOSEPH L. LEGAL DESCRIPTION
UNIT P . 2087 EDGEWATER CONDO
2087 EOGEWATER DR 346151015 UNIT F
LOT SIZE ==> ISC COUNTY
$/SQFT A~
115.90 1.7:
== HEAT SQrr
CENSUS
261.00
NBHD
PBOOK/ p..
85 3
YEAR IMPROVEMENT LAND ASSESSMENT SQ/FT YEAR TAXES PO D TX/F'
1994 147,100 0 147,100 66.86 1994 2,817.02 Y N 1.2
SALE DATE AMOUNT BOOK/PAGE DT Q T SALE DATE AMOUNT BOOK/PAGE DT Q .
JUN. 1987 255,000 6527 1897 Q N
SE~LER'S NAME
====== LAND / PROPERTY USE ======== HOMESTD L
MORTGAGE COMPANY
GENERAL REVIEW DATE
....
@~
NUMBER
04 230 CONDOMINIUM
AMOUNT DATE MTG TYPE RATE
BUILDING REVIEW DATE
ENTER=FWD Fl=DOCS F2=BLDG F4=TAX F5=LGL F7=DIM F8=XFEAT F13=SKTCH F6=COHP MENU
PN10 ISC
READY
PN10-01 CITY OF CLEARWATER ATTN: EARL
PARCEL IO 03-29-15-92738-000-0070 PAZIP
2087 EDGEWATER DR G 34615
OWNER'S NAME AND ADDRESS V P W
GEIST, DAVID H.
GEIST, JOANNE H.
UNIT G
2087 EDGEWATER DR 346151015
LOT SIZE ==> ISC COUNTY
YEAR IMPROVEMENT
1994 133,500
SALE DATE AMOUNT
MAR. 1992 163,000
NOV. 1990 140,000
FEB. 1966 250,000
SELLER' 5 NAME
MORTGAGE COMPANY
GENERAL REVIEW DATE
YRBLT/EFF FLRS TOT SQFT $/SQFT
1985 1.0 2,200 74.09
G BLOGS == IMPROVEMENT == HEAT
00
LEGAL DESCRIPTION
2087 EDGEWATER CONDO
UNIT G
CENSUS
261.00
NBHD
AVR
1.22
SQFT
o
PBOOK/PG
85 39
LAND ASSESSMENT SQ/FT YEAR TAXES PO D TX/FT
o 133,500 60.68 1994 2,513.54 Y N ,1.14
BOOK/PAGE DT Q T SALE DATE AMOUNT BOOK/PAGE DT Q T
7832 2374 Q F
7429 1485 U F
6177 1707 Q F
====== LAND I PROPERTY USE ==~=====
04 230 CONDOMINIUM
AMOUNT DATE MTG TYPE RATE
HOMESTD LP
25000 N
NUMBER
BUILDING REVIEW DATE
ENTER~FWD F1~OOCS F2=BLDG F4=TAX F5~LGL F7=DIH F8=XFEAT F13=SKTCH F6=COMP MENU
PRIO ISC
READY
PN10-Ol CITY OF CLEARWATER ATTN:EARL
PARCEL ~~15-92738-000-0080 PAZIP
2087 EOOEWATER DR H 34615
OWNER'S NAME AND ADDRESS V P w
GILLIAM.. PHILLIP P..
GILLIAM, MARGOT J.
UNIT H
2087 EDGEWATER DR 346151015
LOT SIZE ==> ISC COUNTY
YEAR IMPROVEMENT
1994 133,500
SALE DATE AMOUNT
DEC., 1991 155,000
FEB. 1986 200,000
SELLER'S "NAME
MORTGAGE COMPANY
GENERAL REVIEW DATE
YRBLT/EFF FLRS TOT SQFT
1985 1.0 2,200
G BLDGS =Q IMPROVEMENT
00
LEGAL DESCRIPTION
2087 EDGEWATER CONDO
UNIT H
$/SQFT
70..45
== HEAT
CENSUS
261.00
NBHD
AVR
1.16
SQFT
o
PBOOK/PG
85 39
LAND
o
BOOK/PAGE
7758 2363
6169 1892
ASSESSMENT SQ/FT YEAR TAXES PO D TX/FT
133,500 60.68 1994 2,513.54 Y Y 1.14
DT Q T SALE DATE AMOUNT BOOR/PAGE DT Q 'I
Q-F
.Q F
====== LAND I PROPERTY USE ======== HOHESTD LF
04 230 CONDOMINIUM 25000 ~
AMOUNT DATE HTG TYPE RATE NUMBER
BUILDING REVIEW DATE
ENTER-FWD F1=DOCS F2=BLDG F4=TAX F5~LGL F7=DIM F8=XFEAT F13=SKTCH F6=COHP HENl
PN10 COUNTY SHOWS TAXES DELINQUENT, F4=VIEW ISC
READY
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O~Ol CITY OF CLEARWATER ATTN:EARL
eEL 1D 03-29-15-73458-000-0030 PAZIP
5', EDCEWATER DR 34615
ER'S NAME AND ADDRESS V P W
>LE, 'WILLIAM E. JR
", DONALD" ROSALYN N.
5 ~ EDGEWATER DR
WATER, FL 346151032
r SIZE -~> ISC COUNTY
, 20,500 SQ FT 100 X 205
\R IMPROVEMENT LAND ASSESSMENT SQ/FT YEAR TAXES PO D TX/FT
l~ ' 36,500 94,500 131,000 75.85 1994 2,444.04 Y N 1.41
LE DATE AMOUNT BOOK/PAGE OT Q T SALE DATE AMOUNT BOOK/PAGE DT Q T
YRBLT/EFF FLRS TOT SQFT $/SQFT AVR
1936 1936 1,727
G BLDGS == IMPROVEMENT
G 1 01 SINGLE FAMILY
LEGAL DESCRIPTION CENSUS'
RAINBOW'S END 261.00
LOT 3 NBHD
035
== HEAT SQFT
1,432
PBOOK/PG
9 138
"
RTGAGE COMPANY,
====== LAND I PROPERTY USE ========
01 210 SINGLE FAMILY HOME
AMOUNT DATE MTG TYPE RATE
HOMESTO LP
25000 N
NUMBER
LLER'S NAME
NERAL REVIEW DATE BUILDING REVIEW DATE
: ,19-0cr-92 19-0CT-92
TER-FWD F1=OOCS F2=BLDG F4=TAX F5=LGL F7=DIMF8=XFEAT F13=SKTCH F6=COMP MENU
'10 ISC
READY
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MEETING NOTICE
CITY:IlALL ANNEX AUDITORIUM
10 SOUT~ MISSOURI AVENUE
CLEARWATER, FLORIDA 34616
TUESDAY, MAY 2,1995
7:00 -8:00 p.m.
EDGEWATER DRIVE SHORELINE RESTORATION
'.
.' ,
The City ofCJearwater will be holding a public meeting to answer questions and address concerns
of homeowners in the vicinity of the proposed project The City is proposing to implement a multi-
objective shoreiine restoration project along approximately 2.800 Hnear feet of shoreline fronting ,
Clearwater Harbor. The project area extends from the mouth of Stevenson Creek northward to
Union Street. and runs parallel to Edgewater Drive (Alternate 19).
.:~
The City of Clearwater met with members of the Edgewater Drive Homeowners Association in
September of 1994 to introduce the residents to the projecl The project has undergone minor
revisions to refine the design which me City promised to share with (he residents prior to submittal
to the Florida Department of Environmental Protection and other agencies for approval.
As presently proposed, the project will provide for:
'.1-
treatment of stormwater discharges from previously untreated sources;
erosion and flood control;
improved public access to the coastal zone.
!he proposed project will result in substantial public benefits as well as a net improvement in habitat
diversity and water quality.
A project location map is attached for your infonnation; design drawings will be available at the
meeting.
Your att~ndance at the meeting would be greatly appreciated to demonstrate your support for this
environmental restoration project.
If you are unable to attend the meeting but-would like additional infonnation regarding the project,
please contact Terry Finch, Environmental Programs Supervisor at 462~6747.
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MEETING NOTICE
CITY HALL ANNEX
MEETING ROOM AT NORTH END OF BUILDING
10 SOUTH MISSOURI AVENUE
CLEARWATER, FLORIDA 34616
TUESDAY, MAY 23, 1995
7:00 -8:00 p.m.
EDGEW A TER DRIVE SHORELINE RESTORATION
The City of Clearwater will be holding a public meeting to answer questions and address concerns
of homeowners in the vicinity of the proposed project. The City is proposing to implement a multi-
objective shoreline restoration project along approximately 2,800 linear feet of shoreline fronting
Clearwater Harbor. The project area extends from the mouth of Stevenson Creek northward to
Union Street, and runs parallel to Edgewater Drive (Alternate 19).
The City of Clearwater met with members of the Edgewater Drive Homeowners Association in
September of 1994 to introduce the residents to the project and a subsequent meeting was held on
May 2, 1995 to present the revised project which the City promised to share with the residents prior
to submittal to the Florida Department of Environmental Protection and other agencies for approval.
This meeting is being held to address concerns of property owners who may not have received notice
or were unable to attend previous meetings.
As presently proposed, the project will provide for:
treatment of stormwater discharges through coastal marsh vegetation;
erosion and flood control;
safe access to the coastal zone;
improved habitat for coastal wildlife.
The proposed project will result in substantial public benefits as well as a net improvement in habitat
diversity and water quality.
A project location map is attached for yoUf information; design drawings will be available at the
meeting.
Your attendance at the meeting would be greatly appreciated to demonstrate your support for this
environmental restoration project. If you are unable to attend the meeting but would like additional
infonnation regarding the projec~ please contact Terry Finch, Environmental Programs Supervisor
at 462a6747.
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CITY OF CLEARWATER
Interdepartmentll Memorandum
FROM:
lj ~a(er Drive Project Files
if Tom Mi1Ier. Assistant Director of Public WorkslENV
September 2, 1994
TO:
DATE:
SUBJECT:
Public Meeting of September 1. 1994
A Public meeting was held on September I, 1994 at the Sunset Point Road Family Restaurant. The purpose for
the meeling was to provide Edgcwater Drive residents and membel'S: of the .Edgewater Drive homeownCJ3
association with information related to the planned Edgewater Drive Project. According to a representative of
the homeowner association. 251 leUers were maUed to area residents. Only 15 people were in attendance at the
meeting. Attendance roster is attached.
Questions/Concerns expressed included: ,
VISTA CONCERNS:
I":
1. Mangroves blocking view.
2. Avoid "engineered/manufactured" took to improvements.
, 3. Will breakwaters at street ends block the view of side street residents?
SAFETY CONCERNS:
I.
1. Breakwater boat hazard.
ENVIRONMENTAL CONCERNS:
.. ~~
1.
2.
Loss of recently recruited. seagrasses and scallops.
Manatees' in Stevenson Creer
I: .',
OTHER CONCERNS:
1.
2~
3.
4.
S.
6.
Why are we doing this?
Why can't we just "fix the problem. It
Place limits on length of time to construct project.
How will sand remain along shore with an eight foot drop to watct7
Planned changes to Marshall 81. Plant?
Project cost?
,
.i
Ms. Finch and Mr. Robison discussed the project at length. Staff offered to return to the homeowners group prior
to submitting pennit application to discuss design details being applied for. .
.~~!f'~--- ..
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Clearwatert Floridat August 13, 1996
'c'\.
The Pinellas County "Vater and Navigation Control Authority met
in regular session in the County Commission Assembly Rooll\t Pincllas County
Courthouse, 315 Court Street, Cleanvatert Florida at 10:28 AJvl. on this date
with the foilowing members present: Sallie Parkst Chairman; Robert B. Stewart,
Vice~Chairl1lan; Charles E. RaineYi Bruce Tyndall; and Steve Seibert.
Absent: Robert B. Stewan, Vice-Chairman.
Also present: Fred E. Marquis, County Administrator; Susan H.
Churutit Co'unty Attorney; C. R. Shortt Chief Deputy Clerk; and Judy Bubint
Board Reporter.
)
,
.
4
I
"
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AGENDA
A. CONSENT AGENDA
I. Approval of minutes - regular meetings of July 2, 1996.
2. Miscellaneous Items to be Received for Filing - Five Items.
B.
SCHEDULED PUBLIC HEARINGS
3. I Commercial Dock Application CD2343B-96, Hubert E. Crllllfield, Salt Creek, St.
Petersburg.
4. Dredge and Fill Application D/F-968, Grande Bay Apanments, Ltd., Partnership,
Old Tampa Bay. Clearwater.
5.
Dredge and Fill Application D/F-955, City of Clearwater, Clcarwatcr Harbor,
Clearwater. '
. \
. ,
T AGENDA ITEMS NOS. 1 AND 2 -
~
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.'
Parks, Commissioner Tyndall
movedt seconded-!> ommissioner Rainey and carried, a ent Agenda,
of Items Nos. 1 through?t be approved as follows:
3399
.:'
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.
August 13, 1996
( )
" ./'
Said filling would be accomplis I ~/
the use of material brat! b~~
sources other than fro \e dredging of
lands regulated b IS authority; or
14. ( )
No on ppeared in response to t Chairman's caU for persons
wishing to be ard; whereupon, Commissioner Tyn 1 moved, seconded by
Commisso er Rainey and carried, that the application be ~ roved with the
entioned conditions and in accordance with the "Findings 0
I
1
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#5 DREDGE AND FILL APPLICATION D/F-955, CITY OF CLEARWATER,
CLEARWATER HARBOR, CLEAR'VATER. APPROVED WITH ADDED
CONDITION
Pursuant to legal notice published in the June 28 and July 5, 1996
issues of War!1e1d's Tampa Bay Review as evidenced by publisher's affidavit filed
with the Clerk, public hearing was held on Dredge and Fill Application D/F~955,
City of Clearwater, Clearwater Harbor, Clearwater. Chief Deputy Clerk C. R.
Short reported that all interested panies have been notified by mail; that one
letter and a petition containing 10 signatures in objection to the application and
one letter and a petition containing 38 signatures in favor of the application have
been received; and that the matter is properly before the Authority to be heard.
County Administrator Fred E. Marquis indicated that the applicant
. proposes a shoreline restoration and stabilization project along approximately
:2.800 linear feet of shoreline in Clearwater Harbor. as indicated in his
memorandum of August 13. 1996, which is, in part, as follows:
DISCUSSION: The application proposes a shoreline restoration and
stabilization project along approximately 2800 linear feet of shoreline on
Clearwater Harbor. The project area is on public property an the west
3409
"
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August 13, 1996
I
,
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side of Edgewater Drive and will begin at the mouth of Stevenson's Creek
near Sunset Point Road and extend northward to Union Street.
"
The prolect Includes the placement of a total of 3,430 cy. of fill which
Includes limestone boulders and clean s:uul to enhance approximately
1.81 'acres of intertidal habitat. Existing concrete rubble will be
res tacked, covered with limestone boulders and backfilled with clean sand
to create a 2H: 1 V slope. The intenldal area will be recoIltoured to create
a planting shelf and the applicant will enhance with smooth cordgrass
(Spart;na altel7liflora) and saltmeadow cordgrass (SptlrU/Ifl plllms),
Limestone breakwaters will be installed at the outer edge of the shelf
which will be located approximately 30 ft. watcnvard of the existing toe
of slope. These are designed to provide wave dampening and marsh
protection, The height of the breakwaters will be appro:<imately +2.5 ft.
NGVD to maintain open water views. These will be arranged in an
irregular shape to provide a more natural appearance. Riprap aprons will
also be installed at the points of discharge from stormwater pipes to
control erosion and reduce water velocity prior to the flow entering
planted marshes.
4"."
The project requires a public hearing because it exceeds the 100 cubic
yard limit for administrative approval.
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The Department of Environmental Management has reviewed this
, application and has found it to be consistent with the permitting criteria
as set forth In the PlnclJas County Code.
An Administrative Hearing was held on Monday, July B. 1996. Four
people spoke in opposition to the application and two spoke in favor of
the proi~ct. Points of opposition included concerns about the growth of
mangroves obstructing views and potential increases In public lIse of the
properlY, Supporters spoke in favor of the environmental and aesthetic
enhancements that will occur.
Mr. Marquis indicated that the biological report prepared by the
Pinellas County Department of Environmental Management was made available
to the public and is adopted into the record and made a part hereof as follows:
3410
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August 13, 1996
PINELLAS COUNTY
DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
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WATER AND NAVIGATION REPORT
SUBJECT:
DIF 955
City of Clearwater
Department of Environmental Management
Edgewater Drive, Clennvater
FROM.:
Susan Pirolo
Environmental Specialist [[
Department 9f Environmental Management
! '
THRU:
David L. Walker, Jr.. En". Program Manager
Water and Navigation Section
Department of Environmental Management
, ,
The Application proposes a shoreline restoration and stabilization project
along approximately 2800 linear feet of shoreline on Clearwater Harbor.
The project area is on the west side of Edgewater Drive and will begin at
the mOllth of Stevenson's Creek near Sunset Point Road and extend
nonhward to Union Street. The project includes the placement of a total
of 3,256 cy, of flll which includes 2,603 cy. of limestone boulders and 653
cy. of clean sand fin to enhance approximately 2.57 acres of Intertidal and
subtidal habitat. Expected benefits of this project include shoreline
Sl.'1bilizlltlon, improved water quality. habitat creation, improved public
access, eilVironmentaJ education and aesthetics.
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William M. Davis, Director
Department of Environmental Management
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DATE:
July 25. 1995
The subject site was inspected by this depanmem on June 14 and July J 3,
1995.
PROJECT AND SITE DESCRIPTION
I.
Existing concrete rubble will be restacked, covered with limestone
boulders and backfilled with clean sand to create a 2H: 1 V slope. The
intertidal area will be recontoll~ed to create a planting shelf and the
3411
1Ll'~4"'~_",-"",,"'~~ -.Y.
August 13, 1996
applicant will enhance with the following species: smooth cordgmss
(Sl'nl'tilUl t/(tel1l!flom), saltmeadow cordgrass (Spmtimt pnUIIs), sea grape
(Coccll/obcl Itv!fel'lf) and marsh elder (Tpnfi'utescms). Limestone breakwaters
will be.installcd from approximately 25' to 75' wntcrwnrd of the existing
MHW line to provide wave dampening and marsh protection. The
breakwaters will vary in height to a maximum +3.0 ft. NGYD to
maintain open water views. Riprap aprons will be installed at the points
of discharge from stormwater pipes to control erosion and reduce water
velocity prior to the now entering planted marshes.
The project requires a public hearing because it exceeds the 100 cubic
yard limit (Section 15.3.3) for administrative approval.
Vegetation observed along the shoreline during this department's field
review inCluded white and black mangroves (Lcrgltllculfll'ia rnc~mOSII and
AviwlIlill gmllilllll/s. respectively) to 15' in hcight. sea purslane (St'Sl(l'itrlll
porwlllcnstl'lfm), marsh elder (fVll fi'l/tl:SCCl/s). smooth cordgrass (Sl'nl'tiIHI
Illtmf!fll1m), Brazilian pepper (Sehilllts tl:rebiutl.ifu/ills). saltbush (B(/ec1/1fl'is
hnJimifolin), sea-grape (CuCCO/obllllvifml), saw palmetto (Sm:uoCII'~pt:llS) and
transitional grasses (PnspnlllJ1l dlsticJzumlDistielllis spicnta). Cuban shoal.
,grass (Hlllodute wl'iglltii) is present throughout this area, but will lie
waterward of the breakwater. Dense seagrass is located 46 ft. from the
top of bank at its closest point and extends beyond 100 ft.
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Existing slopes range between 3H: 1 V to I H:3V. Most of this shoreline
contains a variety of riprap consisting of various types of concrete rubble,
asphalt and rock. The existing riprap is scattered throughout the
shoreline and extends out to 40 ft. from the top of bank in somc areas.
In many areas it is scattered too thinly to be effective in erosion
prevention. Several pine trees (Pinus spp.) and laurel onks (QuercllS
hllll'ifiJlill) have exposed roots from being severely undercut by erosion;
somc oaks have been completely overturned. The upland portion of the
site contains cabbage palms (Sllbat pa{mm(1). Washington palms
(W nshiugronia roblfsta). queen palms (Areellstmlll rOlllllUzoffimllll/l), bottle
brush (Caflistemoll rigitlus) and other landscape plants.
Waterbirds observed feeding in the area included great egret (ClIsmerodills
a/bus), snowy egret'(Egl'etta tlmla). brown pelican (Pflmmus ucc;t/mtnlis).
great blue heron (Anita herodias). little blue heron (Florida cCI(rult:ll).
Louisiana heron (f[ydmlfasSfl tricolor). yellow.crowned night heron
'(NyctmlftS5a violate!!), double-crested cormorant (Plllliacrocomx fllWitUS).
willet (Catuptropllorlls semipa/lII11tus), terns and gulls. An osprey (Pflllf(;U/f
IItI1Ia(tm) and scveral white ibis (Ellfloeil/llls (films) flew over the area during
the field review. Needlefish (StlVIIgy/rmllllnril/!!) were present in thc water
near the southern limits of the project. The bottom consisted of
3412
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approximately a" of muck. Several Florida crown conch (Mdvl/gma coroml)
~vere observed moving along the bottom. '
COMMENTS:
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" fINDINGS:
The entire project area is currently a tidal mudflat
habitat. Th,e application includes an extensive species list
of benthic invertebrates collected from the project area,
and a variety of waterbirds have been observed feeding in
the area. The proposed project is expected to increase
habitat diversity while retnining some of the existing
mudflat.
Many large patches of seagrass are located near the
pro'ject area, but the breaI<water has been designed to
skirt the seagrass beds. '
Considering the length of shoreline available for wetland
plant colonization, the existing density of plants is very
. sparse. Very few rnature mangroves are located on this
shore. This may be due to the existing slopes and lack of
intertidal area where mangroves would naturally colonize.
A review of Property Appraiserts maps indicates the
owner of most of the affected lots to be the City of
Cleanvater. The two lots located across from the
Granada Street intersectioll, however, show ownership
from the private property owners of 2021 and 2025
Edgewater Drive. Please submit documentation showing
either City ownership or concurrence of the project from
the property owners.
Information Included with the application states that the
breakwaters wUJ be placed approximately 25 ft. to 75 ft
watcrward of the existing MHW line. The cross section
views, however, indicate the proposed breakwaters will,
extend out as far as J 40 ft. from the top of bank. This
could cre"ate a navigation hazard and markers may be
required as a condition placed upon any permits issued.
The Department of Environmental Management has reviewed this
application and has found it to be inconsistent with the permitting
3413
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criteria as set forth in the Pinellas County Water and Navigation Control
Authority Regulations (peR 90-1 ).
Further review of this project requires submittal of the following
i nforma tion:
l. A planting plan whit:h includes all proposed species.
2. Address navigational concerns.
The applicant is advised that approvals for this project may also be
required from U\C Florida Department of Environmental Protection. AllY
modifications required by this agency must be reflected in revised plans
, submitted to the County.
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Mr. Marquis reported that staff recommends approval of the
application based upon negative "Findings of Fact," Items 1 through 9 and
affirmative "Findings of Fact'" Items 11, 13 and 14, as follows:
YES
1.'
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2.
()
3.
( )
4.
()
5.
()
NO
(X), Would have a detrimental effect on the
use of said waters for navigation.
transportation. . recreational or other
public purposes and public conveniences.
(X)
Would restrict the free use of the
waterways and navigable waters.
(X)
Would have a material adverse effect
upon the flow of water or tidal currents
in the surrounding waters.
(X)
Would have a material adverse effect
upon erosion, erosion control, shoaling
of channels. extraordinary storm
drainage, or would be liItely to adversely
affect the water quality now existing in
the area in question.
(X)
Would have a material adverse effect
upon the natural beauty and recreational
advantages of Pinellas COllnty.
3414
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(X)
August 13t 1996
Would have a material adverse effect
upon the conservation of wildlife, marine
life, and other natural reSOllrces,
Including benches and shores so as to be
contrary to the public Interest.
Would have a material adverse effect
upon the uplands surrounding or
necessarily affected by said plan or
development.
Would adversely affect the safety. health
and welfare of the general public.
Arc 'inconsistent with the PineUas
County Comprehensive Plan.
Said dredging and/or filling is in
connection with a public navigation or
transportation project: or
()
Said dredging nnd/or filling is necessary
for erosion control or the protection of
upland riparian property; or
(),
(X)
Said dredging and/or filling is necessary
to Improve Ingress and egress with
respect to upland riparian property; or
Said filling would be accomplished by
the use of n1aterlal brought in, from
sources other than from the dredging of
lands regulated by this authority: or
1
Said dredging aneVor filling Is necessary
to enhance the qualltyor utility of the
submerged lands or the public health,
safety and welfare generally.
Director of Environmental Management William M. Davis referred
. to, photographs of the s":lbject shoreline which extends along Edgewater Drive
from Sunset Point Road north to Union Street and noted that the area has
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9.
(, )
(X)
10.
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(X)
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(X)
12.
()
I (X)
13.
" ( )
(X)
1.4.
(X)
()
3415
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August 13, 1996
incurred erosion in the past and broken concrete has been randomly placed along
the shore; that the parcel is "kind of a linear park system. with a sidewalk" and is
used by many residents; that he believes the opponents to the application are
mainly concerned with respect to their view of the bay; that the consultant to the
project is recommending what has become an industry standard for maintaining
shorelines without building seawalls; that the project would involve the
installation of a limestone ripeap revetment along the shore, establishing a
limesto'ne breakwater approximately 30 feet into the water and filling that area
with dirt' planted with Spartina grasses; that "through natural recnlitment
mangroves will come into that area"; and that the elevation of the bank varies
from two to eight feet which should be taken into consideration when considering
possible obstruction of the view.
Upon queries by the Chairman, Commissioner Parks and Mr.
Marquis, Mr. Davis explained that the grass bed area had been reduced to a width
, of 30 feet due to concerns raised by the public; that he believes the project is
beneficial to the environment and will help relieve the erosion problem; that a
County permit would be required in the event the City of Clearwater wants to
trim the ma~groves; that mangroves higher than eight feet could cause some sight
restriction; and that a mangrove could take root and grow to five or six feet in a
year, but a growth of twenty feet "would take a long time."
Terri Finch, Department of Environmental Ivlanagement, City of
Cleanvater, appeared and being duly sworn, related that various material has been
dumped along the shoreline since the 19205; that the March 1993 storm had
removed a substantial amount of that "overburden" from the shoreline; that
dumping of material has been restricted since the early 1980s; and that the
objectives of the project are to provide habitat restoration, mitigate certain
erosion of the overburden on the riprap material and provide water quality
treatment for the water discharged from the stormwater outfalls.
Upon queries by Commissioner Seiben, Nls. Finch referred to an
aerial photograph and noted the location of the top of bank and said that the
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August 13t 1996
large pieces of concrete would be removed or broken up and the area recovered
with limestone rubble; and that the top of bank would not be relocated.
Referring to photographs, she pointed out the types of materials that had been
dumped in the past as well as the upland area of the park. Referring to drawings
of the proposed projectt she said that the offshore sills will vary in height and
width in order to appear natural and to catch the incoming storms; that energy
dissipators will be installed at the stomlwater outfall. enabling the discharged
water to pass through the marsh systemt thereby providing a certain amount of
water quality treatment; that the riprap material should not constitute a visual
barrier; and that the City will apply for permits from the County to ensure that
the ma~groves are trimmed in order to maintain visual access to Clearwater JtGt
Harbor. ~o of __I
Responding to questions by Commissioners Tyndall and Rainey and pu b f, t
the Chairmant Ms. Finch related that three public meetin~s have been held on the fA.......-/, lIefs i
matter, in September of 1994t May 2t 1995t and May 23, 1995; that they had 1
used the homeowners association mailing list for the first meeting, but had not I
been able to,contact all the residents; that tax roll and utility billing addresses had '
been used for the last two meetings; that those attending the meetings had been
presented with various alternatives, but the proposed project is the only
alternative that meets the project's goals and is consistent with both the City of
Clearwater Comprehensive Plan and the County Comprehensive Plan; that the
main, concerns appear to be the view and the possible creation of an attractive
nuisance; that the parking lot contains 10 spaces and will not be expanded; and
that she is not aware of any navigation issues pertaining to the proposed
restoration.
> !
The following individuals appeared in response to the Chairman's
call for persons wishing to speak in favor of the application:
Whitney Gray, 1010 Charles Streett Dunedin
Betty Lou Zetterberg, 1044 Charles Streett Dunedin
Luciano Mendes, 1013 Commodore Streett Dunedin
3417
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August 13, 1996
The aforesaid persons cited the following primary reasons for their
support of the proposed project:
1. The project will improve the water quality of the bay and
improve the environmental habitat.
, 2.
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The existing rubble is unsightly and dangerous.
The restoration and stabilization of the shoreline will control
erosion.
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The following individuals appeared pursuant to the Chainnan's call
for persons in opposition to the application:
Duane Reber, 2087 Edgewater Drive, Clearwater
Scott Weltmer, 1015 Granada Street, Clearwater
Phillip Gilliam, 2087 Edgewater Drive, Clearwater
Michael Jackson, 1963 Edgewater Drive, Clearwater
Jacqueline Reber, 2087 Edgewater Drive, Clearwater
Barbara Orelli, 2087 Edgewater Drive, Clearwater
John Miller, 1925 Edgewater Drive, Clearwater
Betty Jane Lishak Weltmer, 1015 Cranada Street, Clearwater
The aforesaid objectors cited the following primary concerns for
their opposition to the proposed project:
L
Data from the Environmental Management Department of
the City of Clearwater indicates that no erosion has taken
place in, the area for 70 years.
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2.
Many of the residents had not been notified of all the
meetings and residents had not been provided enough time
to study the issue.
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The project win inhibit the natural tidal flushing of the bay.
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3418
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August 13, 1996
4. The project is not needed and constitutes an unnecessary
waste of tax revenue.
5.
Obstruction of the view will substantially decrease
neighborhood property values.
6.
The City of Clearwater and/or PinelIas County may currently
agree to trim the mangroves, but decide not to do so at some
point in the future.
7.
At the time the subject property had been deeded to the City
by the homeowners, conditions had been stipulated which
may legally prevent implementing the proposed project.
8.
Establishment of marsh grasses and mangroves may create an
unpleasant odor at low tide and floating garbage collects
among the mangrove roots.
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There has not been sufficient study of the possible impacts
of the proposal and the project could be washed away by the
next major stoml.
10. The presence of mangroves will ruin one of the 11105t
beautiful drives in the County and discourage visitors to the
area.
11. , Habitat restoration would encourage the unnatural growth of
mangroves which do not exist naturally in the area due to
wave action from boats and gusty winds.
12. Installation of the limestone riprap without the grass bed
would be sufficient to beautify the shoreline and inhibit
erosion.
In rebuttal, Douglas Robison, Coastal Environmental, Inc., 9800 4th
Street North, St. Petersburg, appeared and being duly sworn, stated that he
represents the City of Clearwater; that although the toe of the slope of the
3419
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August 13, 1996
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shoreline has not changed in about 70 years, erosion of the overburden has
occurred and damage from the 1993 stonn is considered substantial and a threat
to the publicly owned land; that the breakwater will be approximately 2.5 feet
above mean sea level and not visible after the grasses are established; that because
of the elevation of the bank and the homes along Edgewuter Drive, six-foot high
mangroves would reach only to the top of bank of the slope and sight lines will
be maintained; that his finn has been working on the project since 1994 and has
gone through extensive studies, several redesigns and environmental impact
studies in order to obtain federal and state pennits; that the design has been
approved with regard to erosion control by the Beaches and Shores Division of
the Department of Environmental Protection as well as by habitat and
enVironmental planning staff with respect to habitat benefits.
In response to queries by Commissioners Seibert, Tyndall and
Stewart, Mr. Robison defined geomorphology and said that he believes the toe of
slope had been stabilized by the Florida Department of Transportation (FOOT)
when it had constructed Alternate 19 in the 1920s, but the uplands have been
undercut above the rock. riprap and that material silting the mouth of Stevenson
Creek and is very unstable; that the offshore sill will not impact the tidal flow nor
trap debris; that earliest records show the area had originally been a natural
mangrove shoreline; and that he believes trimming the mangroves to maintain a
six-foot height would not reduce the effectiveness of the project. lvIs. Finch added
that the City has no objection to trimming the mangroves if permitted to do so
by the County; that the City would probably commit to keeping debris from
accumulating among the mangrove roots; that the mangroves along the Memorial
Causeway do not appear. to be trapping debris although the City ParIes
Department does maintain that area; and that public access to the project would
not be restricted.
Continuing, Ms. Finch said that the deed restrictions referred to by
a previous speaker stip,ulated that the property is to be used as a park and no
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August 13, 1996
i'hardenedtl structures are to be constructed; and she apologized for not being able
to notify every neighboring homeowner of each meeting.
Upon queries by Commissioner Rainey and the Chairman, lvls.
Finch said that the first public hearing was heard by the managers of the project,
, not the City Coml11issio~; that the consulwnt contract for the project had been
before the City Commission at a public hearing; that the project itself had been
aliproved unanimously by the Commission as part of her department's five-year
plan; that a specific public hearing on the matter has not been held; that the
matter had been brought before the City's Environmental Advisory Board at a
public hearing; and that she will be scheduling a p'ublic hearing in September for
, . the City Commission's revie\y of the project, for approval of additional consultant
services and for concurrence to move forward with construction.
Commissioner Seibert stated that although certain issues which have
been raised can 'only be addressed by the City of Clearwater, he believes Mr.
Robison has adequately answered his questions regarding tidal flow, erosion and
odor; and that he agrees the view of the water should be protected; .whereupon,
he moved, seconded by Commissioner Stewart, that the application be approved
in accordance with the IlFindings of Fact," with the added condition that the
mangroves be limited to a height of no more than six feet in order not to affect
the view of the water.
During discussion and responding to questions by Commissioner
Tyndall, Commissioner Seibert affirmed that the six-foot height would be
measured from ground level; and Mr. Davis advised that although much of the
value of mangroves derives from the root system, the leaf litter dropped in the
water is also beneficial; that a sixwfoot mangrove system could not provide the
same benefits as a mature mangrove shoreline, but would be a compromise; that
the Board has the authority to limit the height of the mangroves as a condition
to the permit; and that the Department of Environmental management has the
right to issue a mangrove trimming permit according to policy set by the Board.
3421
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In response to queries by Commissioner Rainey, Mr. Davis explained
that trimn"iing the mangroves could be enforced by citation, civil action and
substantial fines. Attorney Churuti added, that enforcemer\t could also be
. im?lemented by injunctive action.
Following further discussion and upon call for the vote, the motion
carried unanimously.
*
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Upon direction of the Chairman; there being, no objecti~n, the
Ineeting was adjourned a~ 11 :45 A.M.
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Chaimlan
ATTEST: KARLEEN F. De BLAKER, CLERK
By,
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Deputy Clerk c
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3422
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CITY OF CLEARWATER
Interdepartmental Correspondence
TO:
Elizabeth Deptula, City Manager
Cynthia E. Goudeau, City Clerk@
FROM:
SUBJECT: Edgewater Drive Restoration Project meetings
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COPIES:
DATE:
September 13, 1996
Attached are the minutes of meetings at which the Edgewater Drive Restoration Project
was addressed. There were no advertised public hearings before the City Commission on this
subject. Most of the discussion occurred when the Commission was reviewing the Environmental
Management Five~year Work Plan. Because the 9/14/94 approval for the development of the final
design was on the consent agenda and there was no discussion, I have included the agenda item
rather than the minutes. Minutes from the Environmental Advisory Board meeting at which this
project was presented are also attached.
If additional information is needed, please let me know.
~ " .
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~rinted from page 19 of MCC02C.94
(29-Mar-94)
====================================================
I.TEM,":'#22,'?f- Other Pending Matters
a} Environmental Management Group's Five Year Capital Improvement Projects
Work plan (PW)
Since the creation of the Environmantal Management Group in 1990,
staff has developed a comprehensive program of study and projects that
will enable Clearwater to implement environmental measures during the next
five years. The plan calls for funding from the stormwater utility Fee
and other identified sources. This management plan consists of studies
and projects for the improvement of the urban environment and focuses on
water quality and habitat restoration. The plan is anticipated to be
updated annually for Commission approval during the month of January.
During November of each year, the Southwest Florida Water Management
District's (SWFWMD) Pinellas-Anclote River Basin Board funding process
begins. The process, provides local governments the opportunity to have
worthy projects considered for funding support. It includes the
development of project criteria by Pinellas County and local governments
in November, and submittal of draft project proposals and project
evaluations in December. Ranked projects are submitted to the SWFWMD in
January for further consideration and ranking., Ultimately, SWFWMD staff
present the proposals to the Pinellas-Anclote River Basin Board in March
and April.
with the approval of this program, staff can systematically seek
project approvals and funding from State or Federal sources. Other
elements of the program anticipate city funding via the Stormwater Utility
fees.
Three projects were submitted by Clearwater for Pinellas-Anclote
funding this year. These include: 1) AlIens Creek Experimental Water
Quality Treatment Demonstration Project (Clearwater High School); 2) Del
Oro Stormwater Treatment Facility Project; and 3) AlIens Creek Maple Swamp
Restoration Project. These three projects have an approximate combined
total cost of $1,555,000 for which the State would share 50% of the costs
if the projects are determined consistent with State funding criteria and
selected for funding approval by the Pinellas-Anclote River Basin Board.
Of a total of 27 draft proposals submitted by the County and other local
governments totalling approximately $27 million, the Clearwater Maple
Swamp project received the highest rank. The AlIens Creek Water Quality
Demonstration Project was ranked within the top 10 projects. The DelOra
Project has been ranked relatively low.
William Baker, Acting Assistant City Manager, indicated three years
.., ago, the City implemented the stormwater utility. That utility generates $
3.4 million a year and has resulted in an increased level of service which
includes ditch cleaning, street sweeping and all drainage work and also
provides for capital improvement project funding of $1.3 million per year
. $.7 million of that ClP is for stormwater repair and replacement and
the other $.6 million is for water quality and habitat restoration.
He stated the reason the fee was implemented was because the federal
government was going to require the City to clean up stormwater. He
reviewed three projects, which staff has identified could begin tomorrow
and be funded, at least in part, by the stormwater utility.
The first is the Arcturas/Druid Road/Allen's Creek project.
Stormwater is washing away the sediment in the creek and depositing it in
the area of the bridge where Allen's Creek flows under Druid Road. He
stated the project would call for the building of a Ilew stormwater culvert,
replacing the bridge and working in a treatment facility. The first part
of the stormwater would go through a diversion at the culvert into a pond.
Plants in the pond would provide a kidney type action that would clean the
stormwater runoff. At the intersection of Arcturas and Gulf to Bay
Boulevard, on School Board property, an educational facility would be
constructed and stormwater from Allen's Creek would be diverted into three
different filtration systems which could be studied for how each cleans
,the stormwater. He stated the School Board is excited about this project
and students would do the sampling and the readings. Clearwater's share
for this project would be $650,000; $500,000 from infrastructure tax and $
150,000 from the stormwater utility. SWFWMD would fund the remaining $150,
000, for a project total of $800,000.
commissioner Berfield questioned whether or not there would be a
building. Mr. Baker indicated there would not.
Mayor Garvey questioned if the School Board had bought off on the
project. Mr. Baker indicated they had, however, they would want the City
to vacate Arcturas Avenue and they would add this property to the stadium
and parking. The City would own property along the creek.
The second project to be considered is the Maple Swamp Restoration,
which is 20 acres of land owned by the City and the County. He stated
this would provide for a park like treatment in the area and a diversion
of stormwater runoff which would be cleansed through natural actions. The
total project would cost $1 million. The City'S share would be $417,500,
all from the stormwater utility.
The third project is the Del Oro Stormwater Treatment Facility. This
would again be constructing a pond which would provide for kidney type
cleansing by natural plant life. This is the last place to clean the
stormwater before it empties into the Bay. He indicated the streets in
Del Oro are in bad shape and in order to receive permits to do repairs to
the storm drainage, this treatment facility would need to be constructed.
He stated when this project was brought forward in the past, the
neighborhood objected and they probably will ~till object.
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commissioner Fitzgerald indicated the president of the homeowners
association has contacted him and does have severe reservations about the
project.
Mr. Baker stated Clearwater's cost for this project would be $245,000,
all from the stormwater utility.
A fourth project is the Edgewater Drive Habitat Restoration Project
which would be the implementation of a low marsh and high marsh plants at
a cost of $150,000, all from the stormwater utility. This would provide
for stormwater treatment and habitat restoration along Edgewater Drive.
Mr. Baker then reviewed two extraordinary projects which staff has
been considering. He indicated stormwater has the least quality in the
downtown area. A preliminary plan has been developed which would provide
a downtown lake. AS detailed plans have not been pursued, cost is not
available. He stated'some land would have to be purchased. Once the lake
is constructed, if the City owned property on the perimeter of the lake,
it would have lake front property available for sale or development.
Commissioner Thomas pointed out on the proposal, the lake encompassed
the Bilgore site, which is now being considered as a possible site for
City Hall. Mr. Baker indicated the lake could be built without the
Bilgore property.
The second extraordinary project concerns the Kapok Mobile Home Park.
There are serious flooding problems in that park as it naturally wants to
be a wetlands. When Alligator Creek floods, the mobile home park also
floods. Mr. Baker stated if the land was owned by the City, the mobile
homes would be taken out and the property would be allowed to return to
the natural wetland state. This area is where the water would be treated,
right before it empties into the Bay and it is a perfect place for the
wetlands.
~ !
He stated both of the extraordinary projects would cost in the $5 to $
10 million range.
Mr. Baker also stated that there are two studies on which the
Commission needs to provide staff with direction and they are separate
items on tonight's agenda.
The mid-pinellas stormwater Plan would encompass several cities as
well as the County. SWFWMD had offered the City $1.3 million to kick-
start its reclaimed water effort. The City did not accept the funds for
this purpose, but went back to SWFWMD and did get a commitment that they
would be offered as a half share of the mid-pinellas Stormwater Management
Plan. Communities that ,were to have participated have not all agreed to
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participate. If they had, Clearwater's share,of the plan would have been $
700,000. As all have not agreed to participate financially in the plan,
Clearwater will need to pay over $1.2 million in order to proceed with the
plan.
Regarding the Alligator Creek Cooperative Agreement, all parties have
agreed to participate and the City's share will be $142,500 for the study
phase.
Mr. Baker restated that approval of the four stormwater treatment
projects, as outlined previously; direction regarding the two
extraordinary projects and approval of the Alligator Creek and mid-
Pinellas watershed management plans is being requested tonight. He stated
if all are approved, it will take $782,500 to fund these projects in FY 93-
94. The City would still be in a healthy situation to do future
, stormwater management projects. Approval tonight will not actually
approve the funding. The individual contracts will return to the
Commission for specific approval.
Commissioner Fitzgerald expressed concerns regarding the Del Oro
project ,and requested that staff try to work out a compromise with the
neighborhood.
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Commissioner Deegan agreed the projects are what have been talked
about for some time and will result in actually cleaned water. He agreed
the Del Oro neighborhood needed to be consulted regarding that project.
He questioned if there were other "clinkersll. Mr. Baker indicated the
figures provided are only estimates and if it were found the actual
project would cost more than had been estimated, staff would return to the
Commission.
Commissioner Deegan questioned what would be involved in getting the
permits. Mr. Baker indicated SWFWMD is already a partner in many of these
plans.
commissioner Deegan questioned what happened to the Edgewater Drive
project when it reached the Dunedin city limits. Mr. Baker indicated it
would fold into itself.
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Cqmmissioner Thomas questioned if the benefit to the total City
outweighed the neighborhood concerns regarding the Del Oro project, would
the Commission move forward.
Mayor Garvey suggested the other three projects be pursued and staff
come back regarding DelOra once input has been obtained.
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Mr. Baker felt if staff could properly explain the situation to the
Del Oro neighborhood, they would approve of the project.
Anne Ga~ris, representing the Environmental Advisory Committee (EAC)
reported on the Committee's recommendations from the last meeting. She
stated' the EAC recommended the Commission do whatever necessary to not
lose the SWFWMD funding. She also urged the Commission to appropriate the
funds needed for the Alligator Creek project. She stated the EAC endorsed
the five year plan giving special priority to Maple Swamp and Allen's
Creek, then the remainder of the five year plan and the downtown lake.
She also wished to advise the Commission that the EAC believed the ,
restoration of Cooper's Point should be done as rapidly as possible. The
EAC also recommends that in projects required to meet ADA requirements,
that paving be kept to a minimum.
Commissioner Thomas moved to adopt staff's recommendation regarding
the four stormwater improvements projects with the Del Oro project coming
back to the Commission after neighborhood input had been obtained. The
motion was duly seconded.
Commissioner Deegan questioned whether or not the abandonment of
,,' Arcturas Avenue, in connection with the Allen's Creek project, would be
,~":, ,'brought before the Commission. Mr. Baker indicated it would once more
complete drawings are available. The Mayor also requested a traffic study
be done.
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Upon the vote being taken, the motion carried unanimously.
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Clearwater City Commission
Agenda Cover Memorandum
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SUBJECT: Edge\.mter Dr i VI? ShOl-el ine R0.f~::O~',H: 10!'1
RECOMMENDA'I'ION/MOTION: Aw<.u'd i"t CC:lt!'dCt:. to cl"]:I!:;~.Jl EIl...~:-O:'.::'.~';I~:i.;j In::., r~:
Petersburg, Fr, to dt,>ve,lop th.? final t:'t";>J,.~r:t: d~:>~d'.Jn ;.:l~.t :.lte r,01'::,it i1pp~i~;iJ.'_:'')I:
the Edge\.;ater DrivC' Shorelirw Re::;tol"<lticm f':'~)j':>r::': ~IL .j ".,')::'..; ot :'::';.S.'jc.
accordance with Code Sec 2.564 III (e) imprn~ti~al :0 ~olicl~ l'ids.
~ and that th~ Dpprcprlotc offlclDls ~ outhDrllcd to l'~C,utc S~~_
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BACKGROUND:
In the :.tarch, 19903 storm tIle s11o~el il1e a lonp E(~gt.~\tJa:' .~!: i:;:. ..:.~: .t':~15 !~.-=:):: ~-~::;~ :: c
significant loss of upland !,;oils e:.:po.3ing tlh': \:onc!'et.:. :':.t, U.li) :::~at ::..'Id :','::'':;~
per od ally pI d al th h 1 \ .(";..,.. ~ .....'.._:.I.,O,~,......h,. !.._-:....i.4~..,... r"o~
. i ~c . ar.;> " onCJ e:> o::e. ino 0":01' :n<.1~: :: ;....':..: , . _~ _ _ '-'_
hJ.storJ.c aerJ.als lr.dlcates no Slan.l f lc.:mt cn.:ln(lr~ 1 t: :' l:;, :~:-IO! '.' _ :..::(~ ~:';:C.:r.~~: ::... ;,':~::
the past 70 years. the present con-di tion of t.he $'h0r~-:.1 ir..? i:; .:is:;,1: ~ );. d~~;i?l.?~~:;i::;.
and prec ludes any v iable wild Li te h,,'lbi t;:lt [ronl b~ i ::g (.st::lb i :. :;:v~.j ~:::. ,~::-.i):'C':..' ......1:.. .~!:
quality in Clean:nter Harbor. and l"iliGeg r~once!.'n fot" publ ie' !,;.1 ~:'-::., ':'.
In November 1993. CcaG:tal Erlvi.::onmcm::il1. I~iC. ',':."1!.: ,.l'.':,l!-d.:>d <I ;::~::,'~:::::: ::: :,:.... d:::"~:'.::
of $9550 to provide professional ner'..ic(:':,; ::<1~' : lit'" d'.!'.'l'l('p[:\":l~', !..l: :1 ::''::';J.:;:b_~...~.
(': st~dY and prel imin~iry design o[ shcz'el in€.' '::I.."stO:'d.:' i .;:l ,'Ill: ":'.1 :1<'.:. : '...'~; ;t ~ em; EdC:":".~'i1:: .::::
DrJ.ve. The proJect .\./as appro":ed by thE' \~l::':" (":':':!J:,l~;~::'~~:\ ,.;:; r~'\l'::' -::: :..:-.-:
Environmental l*tanaaf"ment Group F i \'e .:tf?t1l" 11!t1n I ~,"'~'d~.:~.d ~ r~.;:,;~~:) i t_.t '~ot; ~ :...., ['::t1;"': i, i i : ::.:
study in Horch of ttlis YC<1l' unci proponed <1 l;oh;~ ~O:l th:\': '.':l il ;',: :,'::':" :l ".:>,:.,:. : ;I;::'::~:
of benef its including Bho,:'el in-;;- .,:.rosio:: p:")~;;,.,,,: i ()!:. .::: ~)r:r'~':,:J'. .-.;' ::: .." ,t 0:: ;,"",,:-:::,, ~:;'".d
habitat enhancement. It ..,lill <l~SO C:,'Cdt'2' .:;.:\,.< ".:.t. :,:.::,y:~t::,:..:;,'::: :.;.~. :.::.;)~':-;:.:-.g
.. ,pub1 ic access ..-lno fm... i .::on:nt':1 t tll CdlJr,:.-l:: i I~':l,
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Initially. tinnl de~;ign ilnd ril?l'mittinq \'.'d~; :c :;,. ',:.:tipi.;.r.,':! L,;' ;::,.:::.; :..,".';(":"'l, ;',;',.>
to the l1ced fOl" r, t:-'o:ltt\i(~. !"iur":r~I' dnr.l :.";:, . ::. r"..: +_: ~ :C1.:\~: ;.1 '_:~tf :~~.':;~'.:t
applicat.ion ilnd caU!itt"uc'=.ion d~.:lV!i:lfJ::' b:: d ':".:',~;:': \1 t';:l/l: :I~:"?>r. ::: ~,~ :..."....:;~;;.::; ',C
". obtain t hi s ser\' Lc''? f rom a:~ 0'Jl:~~ ~d-:~ .:'(";:~,:tl it fmt. ;:: O~. l::':":' :'C:".:.. L:;'..: C', :'::.:: . ".,' .
othe man<<gelne:\t. ::0tun r.3'{]~~O!o;~.::"! ::hilt .., F'~,~i:':~'~. ','If.~'.l:.,.r ::...~ "'~''''/(:;'''o''''~': tt.."~t:. .~:"':,l;'
.residents t.c r:oIlsider the i)t::; j..~r..:':. .:\ :~1~0..t~+:i:l9 ::; ~.c-:l(Jtj'...:~.!;..: :~:. ~~+~r}t(-.~d)e:: :~. :St~.'.~,
the results 01: \.:hich ',-:ill b'~ brOth'lh:: :.'O:',.:;\t'1j ," r.r:" ...(,::,;t\:'~;~j:':::. ::;(.'r:'t::1g.
SLbillutd bt:
Ca"u:
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totJl
c~'ssjon Action:
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Coastal Environmental. Inc, ~~as pr':,p;u'(":': .'l ~~l'::;i;'+.! :):' '.':Q:' k' :' :':' .: :',;. n~~:.:~ ;:;:;.1~;':' (.: ,..._'
project that inc It:de-s the ~ inal d~"l~h;:l. ~1l.-Qi".ll'':l: :.on :1I1I..l :,t:~;;';'.~:'.': .11 c.:' P(-:::7.:::
appl ica t ions to the ::eg1.11ato:y .:l';:~:1>':: 0S . ,:'.5 COil~~:'.I: i).l ~~ r:;:;::-,~ 1-.)::. '2d ~ ::.:..' i~ :'.;., 1 :. !~. ~ ::,~ :0:""
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Revl__ by:
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Budget
Purchul~
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CIS
ACM
Orher
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:: CaOltlll Imp.
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Cea~tlll ~ay 27. ~~;
\et:erISc~ ot ~~,t
Appr opf lilt I on Ct>de:
31S'9610~'56~400'Sl9'OOO
o IIiOl'e
.0 PrInce:<' on recycled pllpCr
assessment. it in impo:,i!,ibl.-' iII;d iU1IJlIll'I:i"dl. Ii' "l.U1J!.,l il j"'d'/ hid l'hi:: IJ:'tj''\I-1Ct:.
Aseparute pUl'ehi.W0 order \'Ii 11 luy i::nu..d if! U." .1l11~llJilt. C)t ::;1.j,950 b::iIlqim; th~
total contracted dmouut to CO,l!;t ..d' Em'i ron:ur.mt.d, . I lie, ' I'..) :::7.'~ "ljOO.
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" The available balnncQ inUd~> 'p::c:.>j.:~(:t i:.; ::utl:.,jYlll'. 1\', J'l<)./iJ~ luwJr.~ [.Jt till:;
contract.
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May 27,1994
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Ms. Terry Finch
Environmental Program SupCTvj~or
City of Clearwlltcr '
Department of Environmantill Manngcment
P.o. Box 4748
Clearwater, Fl 34618-4748
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RE: Edgewntcr Drive Shoreline Rcstoriltion Projnc.l
Dear Ms. Finch:
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Per your request, we arc enclosing Ollr proposed Scop~ o( Services and co~~
proposal to reflne tho conccptunl dosion of thC! preferred nltorniltive, collact
additionnl bnse dmn, prcpnrc rCUll1ntory permit npulicntiorls, C1nd rnspond to
sufficiency Questions for the EclgnwCltnrc Drive Shoreline Rcstorntion rroj(~ct.
Again, wo me very ilpprccimivc 01 1l1n opportunity to provide protOS5iollill
cnvironmcntClI consultillu scrvice~. 10 ttH! City of Clnnrw.lter Department 01
Environmental Management. If YOll h<1\1H any Ql/c~rions or concerns regarding rhe
enclused proposal, plumlC contnr:t I1In ilt yuur Pilllillst c:orlVcninncc.
Sinceroly.
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Douglas E. Robison. M.S.
Senior Schmtlst
Program Manager
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"JlltIlUlli'I';'NllfllllMfl!" '~ll"NIII'f/lt-.,'1 Tr\ll N,l
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CITY OF CLEARWATER
Edgr.wotnr Drlvo ShoroHno Rostoration Projoct
Environmentnl rnrmitting
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In associiltion with the EdguwlItcr Drive Shorr-lino Rnsloriltion Project, C()(l~till
Environmental, Inc. {Coastal} will perform tile tnsks outlined betow.
Task 1 . Baselino O~~~ Co"e~.ti.Q!l
Coastal will collect additional baseline dilta not prnviously addrossed in the
Feasibility Study. including~
. Banthlc Invertobrata Datn . Constol will collect throe (3) fcplicute benthic
inraunal core samples ;Jt two (2) stations (towl or 6 smT1ple~) C1nd i1nnlyLC
them for invcrtcbfilte species composition and don~ity. In ;Jddition. Constnl
will collcct three (3t replicate benthic mncro.epifm/lml samples with i1 push.
net from onc (1) seilgrass station (toWI or 3 st:lmplcs) in the project vicinity
and analyze them for invcrWbrate species composition and density.
. Basolino Survoy Coordination - Constat will direct City of Ctcnrwnlcr swv<w
crows ns necossary to colloc;t hurilonw! nnd vertiG.,1 SUrI,:cy cnntrol within
the prosect vicinity. At minimum, 150 ,'oot tror\~a~cts will be uswblishnd
perpendicular to rho shoreline with an of($ct disti1l1cc~ of DpproxirnLltely 100
foot. The survey transects will cxtcmu from thl] Stnplllm~on's Creek bridge
northwDrd to the Dunedin City' limits.
ill!< 2 - R(!fincnle.IJL9.LC.o!l.r;PP,HWLO.fl,~jsJr!
Coastat will further refina nnd detail the conccptunl design for thr. pccfcrred
alternative described in the previously complatnd FCusibility Study. nlC conceptual
design will be developed to a level of dolC1il suit<lhle for calculC1ting CjlJantitics and
for preparing regulatory permit exhihits.
T>>sk 3 - Pfe.n.aanion of Re-...9~!11jQLY.-EQ.u.niL~rm,!.i.c{l.1i_Q.I!...&'1..cl<JJ,gQ_S
Coastal will prcpnrc corrcspondcnc:c and/or reglll<1tory permit applicntJol1s with all
accompcmying datn, narratives, ;}nd grnphic oxhibits. for submittnl to thc following
agencies:
. U.S. Army Corp5 of El\ni(\c(!n~.
1
'!i.',!'<' h . ~ .T l."";:, ..,...:1-'.' ~ .' .
.
. Florida Dcpnrtm.;lnt of Environrnonwl Pro\Cction . Division of B(~;Jchf.!$ and
Shores.
.
Florida Dopartment of Environrl1~ntol Protl!ction . Division of Sovereign
Submerged lands Mflmf(lCmcrH.
l
.
Florida Dcpnrtmcnt of Environmonti'll Protection. Division of W'ntl;md
Resource Permitting.
.
Southwest Florida W.'Itcr Manngcmnnt District. RUSOlHCC Rngulation
Department.
"I
. Pinellas County Department of Environrnentill Milnagcmcl1l.
Draft permit applications will be provided to the City for rcvinw Clnd comment.
Upon receipt of the review comments by City s(()ff, Coastal will prepare and
subm~t revised finnl permit applications to the City for transmittal to thu rcgula:or...
agencies" Sufficiency responses to the regulatory o{1encins will bn considerod (:In
additionnl scrvico.
Task 4 - Meetings with City of Clearwater Staff
Coastal will ml'ct with City staH prior ro the initintion of Tnsks 1 ,md 2, and at the
completion of draft regulntory permit applictltions to bn completed llndnr TilSk 3.
The purpose of these meotings will bo to nxchnngc information lInel clmn. to inform
ilnd advise stnH of the progress or tho work l:f(ort, and to incorpor<ltn stnft
recommendations into the work elfort, ;l~ llppronritltl1.
Task 5 - Sufficiency Responses
Coastal will preparo rosponSQS to requests for l1clcJitionnl information f~orn the
applicable regulatory agencies ;., response to tile initi<ll permit appliclltion submitt<ll.
Sufficiency responses will incluun: the provision of ildditior1L11 .wnftablc datn; the
clmification of previously suhmitted information; nnd revisions to previously
submitted exhibits, drawings, figures, nnd calculations. The collection of new data
or the preparation of new QxhibilS shtlll he consido:cd additionnl :;nrviccs.
2
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Comanl will'cortlplotc lill) nbn......'! lte:;!:/I!H:tl :~I:OPt! (:1 \....'r~; :,;( ;1 I, "':~~ "'i! <", ~
$14.950. ' The co:>t JllH tilsk is,hro~,IH\ rlll','m as 10::0....:.;
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rask;1 . Baseline Data Collection = $3.580
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Task 2'; Rofinement, of' Conceptual Dosign = $2.160
Ta:;k3 .:Preparation of Rogulatory Pormit ^pplic'ltiotl~ .' ~4.".40
Task 4 -Mootings with City,StaH = $360
Task 5'.' SufficIency nCSp~IISCS ;-.. $4,410
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Description of Preferred Altcrntitive
Tho prcfcrrod alternative is depicted I ij, tho altllr. hed f inuro, and .....0 I lId involve tile
following clements:
. Sort and rcstaclc tho existing on-sito rubble. The purpose .....ould be to
remove the unsightly mlltarial, and to (,ct,invl1 i1 morf! dcsimhlc and
consistent slope of 2: 1 throllnholll tbo cntiro section.
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Backfill and landsc:apethe eroded adjacent uplands. Approximmoly 1,500
cubic yards of upland fill Inlltm;n/ would bo needed for this purpose.
. Cap the restocked oxisting rubble material with limestone boulders at a 2:1
slope. The limestone cap would be composed of boulders in the design
grain size at' 18 to 22 inches in dinrnetm, nnd would provide improved
'shoreline stability and protection as well os <ill cnhnnccd nesthetic
nppearance. Approxirnntnly 1,200 cuhlc ymds of limn5toflo boulder;, "'0'0\/1<1
be nceded to provide n suitahle Gnp over the ontire 2,800' section.
. Fill and crcato n scalloped intertidnl plnnting shelf at a 20: 1 slopu, and plant
the shelf with Sp;Jftina .,Itomillof.'. 11\ ndclition to tho shornline 5tilbililcltiol1
Clnd protection provided by the Iimestollo houlders. (his clel1wnt would
provide ~ionifjcnnt hnhitnt imnrovQin~nt by \lxp.lIldinU the inlnrtidill 70nn ;0 i)
width suitable for morsh onel ITItlflUIOWl plopa!1atirlll.
.
Construct several offshore limestone hr(Jakwnl(H~i. Thn pllrpO~;I! ;Illd
fllnction of the brcakwmers would be to provide ~jUflifici1l\1 ....."tcr......u(!
protection for the pl<ll'l{ing shelf. i15 .....ell fl5 for the f)ll :H(! ~hof(!nnc. d lH inn
periods of higher wn....(l clleroY. Pr!ltimini'lry dr:si{ln claw ir1dica:'~ that nine
breakwaters approximately 100' hmo. ...nd spncad nppt oxirnil tp.ly 200' npn:.,
would provide the best trlldeoH bel ween co:;t <11'<1 protection. Tho
hreakwaters would be compn:.r~cJ of 36' inch di:ll11CWr limestone boulders.
would be 3' wide. at the lOp. ~nd would havo a 2: 1 slope on the .....merwmd
side and a 1.5;1 slope on the Inndwnrd side. The height of tho brcnkwntms
would vmy from l' bclo'.... to " nhovn mr...n high ....,~1tN. In mfrlitior,. ihc
length and orientation of the brcnk.....lIters would Vilr'( so ns to maintain
water vistas and a naturill Clppeilmllce. Approxirnntcly 150 cuhic ymds of,
limestone rock would be needed to create each hreClkwCltcr, while
approximiJWly 500 cubic yardS of f.Clnd fill matCHilll would be needed to
create each scalloped plnllting terrace. Thnrefore. for the entire 2,800'
section this alternlltiv~ "'Yould require i1pproxirQCltcly '.350 c,libic Y<lrds of
limestone bOlltdnrs, Clnd approxirnn\oly 41.500 cubic ynrds of snnd fill for the
llreakwillors (lnu plontillU wrrm:c~;, rcsnactivcly.
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and Island Estates where there are no shallow wells and the City's most likely customers
reside. Commissioner Deegan indicated he was glad Mr. Baker was thinking that way. He
reiterated his concerns about the estimated costs of delivery.
Commissioner Thomas recommended staff come back with a plan to increase the
well field yield from 4 mgd to 6 mgd. Mr. Baker indicated staff is already pursuing plans to
increase output. Commissioner Thomas also requested staff apply for a permit based on
the City's current proficiency at distributing reclaimed water and not address plans to
transfer 3 mgd to Pinellas County. He recommended negotiating with Pinellas County
regarding the 3 mgd of reclaimed water and coming back with the first step of a reclaimed
water plan. He suggested the City take a pro-active stand in creating a totally self
contained water system for the County. The Mayor and Commissioner Deegan disagreed
with the proposition for a self contained water system. Commissioner Berfield questioned
if the Intergovernmental Coordination Effort would be a place to start regarding a regional
water effort. Mr. Burke agreed this would be a good starting point.
"
The Commission recessed from 2:53 to 3:06 p.m.
'1..'~.' "'''1:'~'''''.--c~. ...',t- v.~,. ~ " .
;:,:d}.Stormwater Management/Clearwater Harbor Plan
The City's water quality support program includes water quality monitoring at a cost
of $1 56,000 by sampling, analysis and interpretation resulting in the identification of
problems and the initiation of solutions. Additional monitoring will identify successes and
failures and permit staff to initiate redirection where needed.
William Baker presented an aerial photo of Clearwater Harbor and stated the red
arrows indicate points of discharge from creeks and outfall lines draining an urbanized area
into the Harbor. He noted stormwater pollution problems exist. The Department of
Environmental Protection (DEP) did not find the Harbor's water quality denigrated
sufficiently to permit the opening of Dunedin Pass. He indicated after the sampling station
reported a degradation of organisms living on the bottom near the Dunedin Causeway, the
DEP recommended moving it. He expressed concern regarding the trend toward
degradation of the Harbor.
Mr. Baker reported during the past couple of years, staff has gathered data through
its Water Quality Monitoring Program. He identified ways to improve the water quality at a
cost of $2.171 million include: 1) education; 2) regulation; 3) storm system maintenance;
and 4) watershed planning. Identified Capital Project Development at a cost of $3.573
million includes: 1) Water quality facilities: a) Allen's Creek environmental enhancement
project; b) Allen's Creek Maple Swamp restoration project; c) Cooper's Point habitat
restoration project; d) Edgewater Drive habitat restoration project; e) waterfront project
(Norman Bie); f) downtown lake; and g) others; 2) Stormwater R&R; and 3) Special
monitoring projects including the Clearwater Harbor monitoring project.
Mr. Baker recommended money set aside for the Dunedin Pass project be directed
to the Water Quality Monitoring Program of the Harbor and development of models to
compare probabilities. He stated the main focus of this presentation was to authorize
minCe10c.94
12
10/17/94
;j;:;;a<i'~J..:,1"~,!,~,,,,'-J ~... ..-. ,
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application of Dunedin Pass funds to the development of models that will demonstrate the
consequences of various projects.
The Mayor questioned if all $300,000 from the Dunedin Pass project would be
needed for this recommendation. Mr. Baker stated it would be. Tom Miller, Assistant
Engineering Director/Environmental, stated a five year plan addressing stormwater, water
quality, and habitat restoration should be completed by January, 1995. The two major
components for water quality monitoring include ambient monitoring at $47,000 annually
and analytical lab work at $109,000 annually for a yearly expense of $156,000.
Mr. Miller reported estimates to address source controls include: 1) $6,000 for
public education; 2) $54,000 for regulation; 3) $1,575,000 for maintenance; and 4)
$536,000 for planning/engineering for a total annual cost of $2,171,000.
Capital Projects in the five-year plan include the Mullet/Bishop Creek project that will
be addressed in the next couple of weeks. Mr. Miller reported the Stormwater R&R is not
part of the five-year plan. The DelOra Project will be financed by two separate funds. No
estimate has been made on costs to develop the Norman Bie property or Downtown lakes.
He reported $192,000 remains in the Dunedin Pass Project.
Commissioner Deegan questioned if all the stormwater capital projects had been
approved by the City Commission. Mr. Miller indicated all were approved except for the
Mullet/Bishop Creek project. Commissioner Deegan questioned if expenses for source
controls were included in the budget. Mr. Miller said they were. Commissioner Deegan
pointed out nearly $2.25-million is included in the ongoing budget and more than $3.5~
million will be directed to this purpose in future capital projects.
Commissioner Thomas noted Harbor monitoring has not been approved. He
questioned how water quality monitoring differs from modeling. Mr. Baker stated some
sampling stations may need to be moved closer to create more accurate models later. Mr.
Miller indicated staff is not now monitoring Clearwater Harbor. Mr. Baker indicated data
would show the condition and health of the Harbor. Modeling will predict how physical
changes will affect water quality. Mr. Miller stated staff wishes to measure the quality and
quantity of fresh water discharging into the Harbor. He also noted the quality of water
entering the Harbor through the tide gate is not known. He indicated a need to compare
computer models of pollution and physical changes. Mayor Garvey clarified staff was
proposing to monitor and model.
Commissioner Deegan expressed concerns that testing a body of water the size of
Clearwater Harbor will be an "open-ended, no~bottom bucket." Unless staff identifies
specific objectives for a small monitoring project, testing opportunities are unlimited. He
expressed concerns the project could easily be expanded beyond staff's abilities and
available budgets. He indicated the City has plenty of identified projects this year and
recommended submitting this project next fiscal year. Mr. Baker felt it is in the City's best
interest to know if water quality is improving or deteriorating to establish a trend and
consider the ramifications of replacing part of Memorial Causeway.
minCC10c.94
13
10/17/94
.';.
Commissioner Deegan stated he had previously askod for information regarding the
feasibility of installing conduits under Memorial Causeway. He suggested studies of the
impact on water quality of building conduits or removing part of the Causeway would be
valid. Mr. Baker stated his proposal was to identify the general health of the water and
trends. He said modeling to determine the results of conduits would be part of a second
phase of monitoring.
Commissioner Deegan question if data gathered from the Clearwater Pass and
Dunedin Pass studies was being reviewed. He noted the State had found the water quality
not to be below the standard for Florida aquatic preserve waters. He suggested tieing
monitoring to a specific capital project so knowledge gained would have a purpose.
Mr. Miller pointed out the State is making it difficult to proceed with the planned
marina on Island Estates because the water does not meet State water quality standards
for copper and some trace metals. Other areas around Clearwater Harbor also have water
quality problems. He noted sea grasses have been diminishing but staff does not know
why. He stated the City does not know the severity of the trend. '
Commissioner Deegan recommended an alternate approach. He suggested the
incentive program discussed by the City Commission could be used for this purpose.
Money saved by department efficiencies leading to savings could be directed to projects
like this which a department wishes to pursue.
Commissioner Thomas said he would like a study to identify the ramification of
putting culverts or cuts under Memorial Causeway. The Mayor expressed concerns that
tunneling would alter the flow and effect spoil islands and southern tip beaches.
Commissioner Deegan agreed that was why a study was first needed. The Mayor
questioned if this proposed project was for monitoring or modeling.
Commissioner Thomas stated his belief that Memorial Causeway has caused the
degradation of the water quality of Clearwater Harbor. He requested a specific project be
proposed that identifies the costs and impact of opening the Memorial Causeway. Mr.
Baker stated that was what he tried to describe in his presentation. Commissioner Thomas
did not feel that was clear. Mr. Baker indicated a hydrodynamic computer model program
would identify the results of various tunneling patterns under the Causeway.
Commissioner Berfield stated information provided by Coastal Tech when they
completed the Dunedin Pass Project addresses many questions and using that research
could significantly reduce the City's cost to monitor the Harbor. She expressed concerns
that as the City has requested building a new bridge some of the modeling is premature.
The Mayor suggested this project be delayed until the bridge is about to be built.
Commissioner Berfield recommended money be directed at addressing runoff to
improve the quality of water emptying into the Harbor.
Commissioner Deegan requested staff come back with a specific agenda item that
spells out the scope of the project, planned steps for accomplishment, and estimated
minCC10c.94
14
10/17/94
-
costs. He suggested the $192,000 be held in reserve and apportioned for projects as they
are identified.
Commissioner Thomas referred to the red arrows on the map and indicated it was
obvious the City needs a runoff treatment program. He said he has not seen solutions
presented by staff to solve this problem. He expressed enthusiasm about positioning the
Downtown Lakes project on the table. Mr. Miffer stated staff is working hard to bring
forward the status of the quality of all fresh water runoff. The data is becoming available
and Mr. Miller indicated the City is in pretty good shape. He stated the City wishes to
focus on solving the problems at their source.
Commissioner Fitzgerald suggested while the City is concentrating on this, they
should look at pollutants from Clearwater Beach and Island Estates. Mr. Miller reported
staff is doing that. Commissioner Berfield suggested they also look at runoff into Tampa
Bay and pursue efforts to make it cleaner.
Commissioner Deegan pointed out the Edgewater Drive Project is helping to reduce
pollution from one of the outfalls. He noted work on Stevenson's Creek has also improved
water quality from that outfall.
ITEM #6 - Citizens to be heard re items not on the Agenda
David Campbell commended Community Outreach Manager Jim Lange for the
quality of cable broadcasts of City Commission meetings.
CITY MANAGER REPORTS
CONSENT AGENDA (Items #7.22) - Approved as submitted less Items 14, 19, 20, and 21.
The following items require no formal public hearing and are subject to being approved in a
single motion. However, any City Commissioner or the City Manager may remove an item
from the Consent Agenda to allow discussion and voting on the item individually.
ITEM #7 - Extension of agreement with Brvant. Miller and Olive. P.A., to serve as City's
bond counsel until a firm is selected & approved through the RFP process and to continue
on certain matters until completion of such (FN)
ITEM #8 - Extension of contract with Coopers & Lybrand to perform insurance actuarial
services for the fiscal year ending 09/30/94, for a total fee not to exceed $10,000 (FN)
"
ITEM #9 - Extension of agreement with Raymond James and Associates to serve as City's
financial advisor until a firm is selected & approved through the RFP process and to
continue on certain matters until completion of such (FN)
: ~
ITEM # 10 - Extension of contract with Coopers & Lybrand to perform audit services for the
fiscal year ending 09/30/94, for a total fee not to exceed $90,000 (FN)
minCC10c.94
15
10/17/94
r
and 6) return the 34 acres east of McMullen.Sooth Road to the City's Inventory for
Commission debate on Its best use.
The City Attorney questioned the definition of the word Mdonatlon- as used In the
Charter In effect at the time the lease was drafted. She noted the City has a number of $ 1
leases in effect. It was suggested the City contact the Chi Chi Foundation regarding the
probfem and notice them that concerns have surfaced regarding the original rease. The
City Attorney noted the City cannot unreasonably withhold assignment of the lease.
Commissioner Thomas suggested the Commission does not have to approve the
sub-lease because of the cloud on the original lease. He stated It was to the Foundation's
advantage to work with the City because the Foundation also could lose the golf course if
they pursue litigation. He said when the Foundation entered the lease, they knew the
agreement viorated the raw and it was their responsibilitv to know the law. It was
suggested that the City work with the Foundation.
A concern was expressed that the entire situation is being addressed because of a
request to transfer a sublease. It was noted the City Attorney had said everything is in
order. The operation of the property was described as good and the cost of City staff
running the golf course would be high. It was noted that MJM already has expressed
concerns regarding a delay in approving the sub-lease. It was suggested the Commission,
responsible for policy. trust staff recommendations. Commissioner Thomas said the lease
was in violation and in legal jeopardy. Concern was expres3ed that MJM may change their
mind regarding the sub~lease and their plans to invest $0.5~million.
(
The City Attorney stated if the main lease is not valid. neither is the sub-lease. It
was suggested the City rease the driving range to MJM and donate $60,000 of the
proceeds over five years to the Chi Chi Rodriguez Youth Foundation. The City Attorney
stated the Commission only can act on the proposed sub-lease Thursday as that is the item
agendaed. It was noted the entire 34 acres are not needed for the driving range.
EN"' ENGINEERING '"
Authorize oroc~eding with aCQuiring coooerative fundi no to SUDoort continued develoomel1t
of environmental alanning studies & oroieots: aoorove Environmental Management Groue
Five Year Caoital Watershed Plan and Water Resource Proiect Summary Document for FY
1995/96
Since its creation in 1990, the Environmental Management Group has developed a
program to implement environmental measures consistent with the City Comprehensive
Plan and State and federal programs. The plan's studies and projects focus on water
quality and habitat restoration to improve the urban environment. The five-year plan is
updated annually for Commission review and approval.
Early each fiscal year. State agencies accept coopE'rativa funding requests for
planned environmental projects. With approval of this program. staff can continue seeking
project approvals and funding from State and federal sources. Other program elements
anticipate City funding via accumulated Stormwater Utility Fees.
minws05c.95
3
05/30/95
-
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Fourteen major CIP projects and studies are being developed by Environmental
Management. New projects Include: 1) Clearwater Harbor Water Ouality Improvement
Feasibility Project; 2) Clearwater Water Ouality Research and Monitoring Program; 3)
Clearwater Mall Stormwater Treatment Retrofit Project; 4) Downtown Clearwater Regional
Treatment Lake Project; 5) Gablon Water Ouality Demonstration Projects; and 6) Mullet and
Bishop Creeks Drainage Improvement Project.
Total planned expenditures through FY 2000 approximate $3-million, representing a
2% Incroase over last year's five-year plan. Many planned water quality improvement
projects and watershed management planning are expected to be completed by FY 1997.
During the current fiscal year, staff has applied to the State for cooperative funding
for Cooper's Point, Edgewater Drive and the Del Oro Project. Nearly $600,000 of
cooperative funding was requested for these projects with a combined cost of $1.2-mHlion.
Of $3-million in planned expenditures, staff has obtained a degree of commitment from the
State for $2.34-million for watershed planning and project implementation. For every dollar
in planned project expenditures, staff has obtained a State funding commitment of $0.75.
Approval of this five-year Environmental Planning Summary Document will identify
the Commission's priorities for planned project improvements and does not require
commitment of funding. Those approvals EJre obtained through the FY 1995 Mid-Year
budget review process and the FY 1996 CIP budget review process. The purpose of this
plan is to inform the Commission about current environmental work related to the
Stormwater Utility elP and related alternate funding efforts.
Water quality studies and watershed management planning projects include: 1)
Allen's Creek Watershed Management Plan; 2) Alligator Creek Watershed Management
Plan; 3) Clearwater Harbor Water Quality Improvement Feasibility Project; and 4)
Clearwater Water Ouality Research and Monitoring Program.
Water quality improvement projects include: 1) Allen's Creek Experimental Water
Ouality Treatment Project; 2) Allen's Creek Maple Swamp Restoration Project; 3}
Clearwater Mall Stormwater Treatment Retrofit Project; 4) Del Oro Stormwater Treatment
Project; 5) Downtown Clearwater Regional Treatment Lake; 6) Gabion Water Quality
Demonstration Projects; and 7) Mullet and Bishop Creeks Drainage Improvement Project.
Habitat restoration and improvement projects include: 1) Coopers Point Habitat
Restoration and Management Project; 2) Edgewater Drive Habitat Restoration and Water
Quality Improvement Project; and 3) Unspecified, Minor Habitat Restoration Projects.
Tom Miller, Assistant Director of Engineering/Environmental, indicated the
Environmental Advisory Board has not made a recommendation. He reported 14% of
Stormwater Utility Funds are dedicated to environmental concerns. The Mid-Pinellas
Watershed plan has been deleted. The remaining projects are estimated at $6-million with
reimbursements expected to cover 52% of those costs. Staff will continue to leverage
City expenditures with other funds. He acknowledged and thanked Terry Finch and Mike
Quillan, Environmental Management staff, for their efforts regarding these projects and
agreements.
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Mr. Miller reported the Florida Department of Community Affairs authorized
$50,000 toward the Del Oro project from the Florida Coastal Management Program. He
stated the proposed downtown regional lake was not included in this Summary Document
but staff will review the proposal. He indicated positive reaction from the State regarding
the project and noted Southwest Florida Water Management District has expressed
interest.
CP CENTRAL PERMITTING
public Hearina & First RaQdinQ Ord. #5821-95- toeA ra Outdoor cafes and sidewa1k
vendors (lDCA94-13)
The City Commission has reviewed this ordinance several times. The Commission
directed staff to include shopping centers and questioned which City public sidewalks are
wide enough to accommodate outdoor cafes.
As presented, this ordinance allows outdoor cafes as an accessory use to
restaurants to be located on privata property adjacent to the street or on public sidewalks
on Clearwater beach in the Beach Commercial and Resort Commercial districts, in the
North Greenwood Commercial district, the Commercial Center district and the Urban Center
district. They also are allowed as accessory uses to restaurants in the pedestrian areas of
shopping center:; in each of the above districts and in the General Commercial and
Highway Commerciol districts; this provision allows the pedestrian areas of shopping
centers to contain outdoor cafes, according to Commission direction.
The Commission had questioned where outdoor cafes and sidewalk vendors could
be located. Staff reports few City areas have eight foot wide public sidewalks, although
they hope to construct wider sidewalks in pedestrian-oriented areas as part of
redevelopment efforts. Areas where sidewalks are a minimum of eight-feet wide include
primarilv downtown areas such as Cleveland Street, portions of North and South Ft.
Harrison Avenue, and other less heavily travelled stJeets. More frequently, outdoor cafes
will be located adjacent to public sidewalks on private property. This proximity will allow
additional business opportunities while promoting pedestrian-level interest.
Sidewalk vendors would be allowed only in public park areas or immediately
adjacent to public parks downtown. Requirements, similar to those for outdoor cafes, are
provided for sidewalk ve:1dors to ensure safety and adequate pedestrian access, besides
protecting surrounding property owners and the public from litter, noise and other potential
problems. The .\rmarketing plan- for sidewalk vendors has been distributed and incrudes
guidelines used by tho Community Redevelopment Director to allow the establishment of
vendors in 8 way that meets City goals.
The Clearwater Beach Association has recommended allowing vendors in limited
circumstances on Clearwater beach. Considering past resistance to vendors outside
specific public downtown parks, staff did not include that provision in the ordinance.
Central Permitting Director Scott Shuford stated that vendors would only be allowed
in downtown public parks. Concern was expressed that adequate space on sidewalks did
not allow for uses other than pedestrian traffic. It was noted that servers may wait on
minws05c.95
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05/30/95
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Absent: Thomas
ITEM #40 - Assignment of Lease from the PGA Tour Associates-I. Ltd. (PGAl to MJM Golf
Eoterorises. Inc., for the PGA's interest as ~Lessee~ under Lease dated 11/12/85, between
the Chi Chi Rodriguez Youth Foundation (Lessor) and the PGA (Lessee) tPR)
The City Manager announced this item was pulled from the agenda at the request of
the Foundation's attorney due to a conflict.
1:rEM#41 - Authorize oroceeding with aCQuirina coooerative fundinG to SUODort continued
develooment of environmental olanning studies & oroiects: 8Dorove Environmental
M~nagement Group Five Year Capital Watershed Plan and Water Resource Proiect
Summary Document for FY 1995/96 (EN)
Since its creation in 1990. the Environmental Management Group has developed a
program to implement environmental measures consistent with the City Comprehensive
Plan and State and federal programs. The plan's studies and projects focus on water
quality and habitat restoration to improve the urban environment. The five-year plan is
updated annually for Commission review and approval.
Early each fiscal year, State agencies accept cooperative funding requests for
planned environmental projec:ts. With approval of this program, staff can continue seeking
project approvals and funding from State and federal sources. Other program elements
anticipate City funding via accumulated Stormwater Utility Fees.
(
Fourteen major Capital Improvement Program (eIP) projects and studies are being
developed by Environmental Management. New projects include: 1) Clearwater Harbor
Water Quality Improvement Feasibility Project: 2) Clearwater Water Quality Research and
Monitoring Program; 3) Clearwater Mall Stormwater Treatment Retrofit Project: 4)
Downtown Clearwater Regional Treatment Lake Project: 6) Gabion Water Quality
Demonstration Projects; and 6) Mullet and Bishop Creeks Drainage Improvement Project.
Total planned expenditures through FY 2000 approximate $3-million, representing a
2% increase over last year's five-year plan. Many planned water quality improvement
projects and watershed management planning are expected to be completed by FY 1997.
During the current fiscal year, staff has applied to the State for cooperative funding
for Cooper's Point, Edgewater Drive and the Del Oro Project. Nearly $600,000 of
cooperative funding was requested for these projects with a combined cost of $1.2-million.
Of $3-million in planned expenditures, staff has obtained a degree of commitment from the
State for $2.34-million for watershed planning and project implementation. For every
dollar in planned project expenditures, staff has obtained a State funding commitment of
$0.75.
Approval of this five-year Environmental Planning Summary Document will identify
the Commission's priorities for planned proieet improvements and does not require
commitment of funding. Those approvals are obtained through the FY 1995 Mid-Year
budget review process and the FY 1996 Capital Improvement Program tCI?) budget review
mincc06a.95
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process. The purpose of this plan Is to inform the Commission about current
environmental work related to the Stormwater Utility CIP and related alternate funding
efforts.
Water quality studies and watershed management planning projects include: 1)
Allen's Creek Watershed Management Plan; 2) Alligator Creek Watershed Management
Plan; 3) Clearwater Harbor Water Quality Improvement Feasibility Project; and 4)
Clearwater Water Quality Research and Monitoring Program.
.'
Water quality improvement projects include: 1) Allen's Creek Experimental Water
Quality Treatment Project; 2) Allen's Creek Maple Swamp Restoration Project; 3)
Clearwater Mall Stormwater Treatment Retrofit Project; 4) DelOra Stormwater Treatment
Project; 5) Downtown Clearwater Regional Treatment Lake; 6) Gabion Water Quality
Demonstration Projects; and 7) Mulfet and Bishop Creeks Drainage Improvement Project.
Habitat restoration and improvement projects include: 1) Coopers Point Habitat
Restoration and Management Project; 2) Edgewater Drive Habitat Restoration and Water
Quality Improvement Project: and 3} Unspecified, Minor Habitat Restoration Projects.
The City Manager reported the Environmental Advisory Board will hl!ve an
opportunity to address this plan prior to CIP decisions.
(
Commissioner Barfield moved to authorize staff to proceed to acquire cooperative
funding to support continued development of environmental planning studies and projects,
and approve the Environmental Management Group Five~Year Capital Watershed Plan and
Water Resource Project Summary Document for FY 1995/96. The motion was duly
seconded and carried unanimously.
ITEM #42 - Remaining 4 aopointments to be made to Design Review Board (088) (CPl
, Commissioner Barfield moved to appoint Mary Mavronicolas as a Clearwater beach
property owner or merchant. The motion was duly seconded and carried unanimously.
Commissioner Johnson moved to appoint Arthonia Godwin as a North Greenwood
property owner or merchant. The motion was duly seconded and carried unanimously.
I
Commissioner Berfield moved to appoint Kathy Milam as an at~large member. The
motion was duly seconded and carried unanimously-
Commissioner Johnson moved to appoint William J. McCann as an aHarge member.
Th!3 motion was duly seconded and carried unanimously.
Commissioner Berfield'moved to appoint Kate McCullough to a four-year term. The
motion was duly seconded and carried unanimously.
Commissioner Johnson moved to appoint Arthonia Godwin to a four-year term. The
motion was duly seconded and carried unanimously.
mincc06a.95
17
06/01195
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b. Edgewater Drive Project Presentation - Terry Finch, Project Manager
Ms. Finch gave a slide presentation illustrating examples of problems and solutions
along Edgewater Drive, and discussed project status. This issue came up after the March
1993 storms when the overburden was washed away, exposing concrete and asphalt
rubble and debris that has been dumped along Edgewater Drive through the years. While
dumping was stopped in 1 984, exposure of the debris raises pedestrian safety and water
pollution concerns.
Ms. Finch displayed and explained conceptual drawings of energy barriers proposed for
an offshore breakwater to be constructed no more than 30 feet out from mean high water.
The project will provide an aesthetic marsh area to provide habitat and stormwater
mitigation benefits. A permit has been received from DEP and plans have been submitted
to Pinellas County for review. County Commission review may be needed. Ms. Finch
hoped to begin work before the end of this year.
In response to questions, Ms. Finch said research of aerial photographs shows the
rubble was dumped since the 1930's, presumably to help prevent erosion. She said it has
done a good job because the shoreline has not moved since that time, even with the
overburden washed away. She said existing rubble will be removed and natural limestone
added during construction of the energy barrier. Some of the removed rubble will be
recycled, the rest properly disposed. She indicated a report that mangroves would be
planted was not correct. No mangroves are in the permits and none will be planted in
conjunction with this project. She proposes planting Spartina alterniflora and other
vegetation to help prevent erosion. Board members thanked Ms. Finch for a clear, concise
and informative presentation.
c. Reclaimed Water Presentation -- Rich Baier, City Engineer
Mr. Baier reported a sizable portion of the funding for reclaimed water in Clearwater
will come from the Pinellas Anclote Basin Board, which recently listed this as the most
important project to receive funding. Mr. Baier recognized Tom Miller for being
instrumental in bringing this about.
Mr. Baier explained the use of reclaimed water for irrigation can offset potable water
use Citywide by 2.5 million gallons per day. The City uses 14.5 to 15 million gallons per
day currently. Initially proposed for Island Estates, it will also benefit Coachman Park, City
soccer fields, Jack Russell Stadium and traffic medians. He discussed the issues raised by
the North Greenwood community regarding their request to move the Marshall Street plant
and plans for a reclaimed water storage tank. He' distributed copies of a four page
reclaimed water analysis highlighting information pertaining to this issue.
Referring to the handout, Mr. Baier reported facts and figures related to project costs,
funding sources, metering, anticipated usage, customer costs and savings, and charges to
unconnected properties. He estimated using reclaimed water for non-potable uses will save
the City $6,069.00 and the average homeowner about $29.00 every month. Mr. Miller
added, for every half million gallons of stormwater runoff reclaimed daily, 1.5 tons of
nitrogen are prevented from discharging into Clearwater harbor annually.
mea05.96 3 05/15/96
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COPIES iO.
COMMISSION
R.e- -=. 5~
09110/96
SEP 1 6 1996
Dear City Commissioner's,
We the members of the Wood Valley Community Advisor Board would like
to tbank the City of Clearwater and it's various departments for their aervice to our
community in the form of upgrading the Wood Valley Recreation Center. The level
of commitment and service to our neighborhood over tbe past two years truly
enhances the image orthe Clearwater community as a quality famDy oriented
leisure activity center. We are very pleased with the finsl product of your efforts.
We would like to also personally acknowledge the efforts orMr. Ream
Wilson, Art Kader, Steve Miller, James Lightfoot & his staff at Wood Valley
Recreation Center, and the rest oftbe Park9 & Recreation staff for their efforts in
making tbe improvements a reality.
The following approvements was greatly needed and humbly appreciated at
the Wood Valley Recreation Center:
1. Remodeling and expansion of the existing building.
2. Resurfacing of the tennis courts.
3. Upgrading orthe lighting service on the softball fields and tennis courts.
4. Installment of the creative play piece in the playground Irea.
S. Installing off ADA sidewalks near recreation center.
6. Enclosing the porch area for extra storage space.
7. New fencing and dugouts for tbe softball/playfield.
8. New basketbaD back boards and rims.
Because of your efforts, our community center has seen unparalleled
attendance and community usage. The recreation center is now a crowning jewel
within our community. Again, I would like to express our appreciation for tbe
service you have rendered to our community.
Pht:.;:i;j
CLERK I ATTORNEY
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sincerel~...;f- ~
Wood Vaney Community Advisor Board
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SEP 17t '96 le:eS (ET) Ma~or R,ta Gar'JE/j PAGE 1 of
.. ....0. - . - 'il971 '7>960 ...i0,-IfC.. ""FL. LEiiin? .c.i TiES..;.. iiCr .F"". iiR1ii<OCAST.. ~e. .;.51. NJ,461 POOl
rro L\OV- 4.
Q.O~ ~ F.'on--'a L ( C.ti
.11 Ul eague 0 J es
4
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Action Strike Tea.m
a
TO: FAST Committee Membm
COPIES TO:
FROM: Kelvin J. RobJnson, Lcgislatlve Director COMMISSION
DATB: Septem ber 16, 1996 I SEP 1 7 1996
i Pkl:.SS
RE: legislative Update and Action Calls CLERK I ATTORNEY
The l04th ConifCSs is hoping to adjourn as early as September 28 [0 80 home for the elections. Tho maJn focus
in the remaining fcw days will be on completing ns mllI1Y of the 13 individual annual runding or appropriations
bUla 81 pouible. as well as any other items upon which bipartlsnn t1greement enD be reached. Thllla typically &
time, also. when we anticipate efforts to sUp items onto appropriations bfll-good and bad items. The
opproprlations billa do offer 'orne opporwnltles for victorios on the telecommunications. census. and tribal
sovereignty frontR, The ond of thel session means that the takIng bnt is dcud in this Congress. 119 11 an)' now
control1cgialation. It means that the outlook tor any relief from the Moynihan retroactivc stadium fmancing ban
ilremote.. I
Pleuse press your delegation on the following key issucs:
,
,
. Urge your deleantion and the White House to commit to OppoiC the snle of broadcast fq)eclnlm to flD&nee a
temporary gas tax cut or for oth~r purposes;
. Urge them to contact the FCC:1O oppose the petition by TCI Communications chaUengins the franchise
authority oCthe city of TroY. MiChigan; and
I ' '
. Urge them [0 act on legislatIon to require the Post Office and aU other federal agencies to coordinate with
cities,in the citing of any antennae or Olher telecommunications poles.
SPECTRUM
September 16 is looming as B key day in detennlning the federal role In meeting cummt ond futufC public efcty
telecommunications nceds. Senate leaders are scheduled to meet to determine the fate of the House-passed
proposal to auedon off nearly $4 billion worth of public spectnlm offimmcc a temporary 4.3 cent federal ps tax
cut. The high level meetinj to dctcnnlne what action Congres:~ ~hould take before It adjourns comes as the
Federal Communication Commission's (FCC) Public Safety Wireleas Advisory Committee (PSWAC) is also
scheduled 10 issue its finn} report In a public session at the U.S. DcpBrtrncnt of commerce in Washlnglou, D.C.-
a
Pott omce Box 1757 · Tallahassee, Florida 32301 · (904) 211-9684 · Suncom 278-5331 FAX (904) nz.3806
OVJGY
',.' " ........
SEP 17, '96 le~ee (El) HO}Jor Rito Gor''/e'.::1 PAGE 2 of 4
.-- ...._-._.---e9;17/~i6M-.i0:e1-...--FLTEii:E-ci=' .cITiES -;-MMCi'-FA>CilROADCASi<..--.... .-.. -. -. hQ.451 POO2
as requested by COnIJTCSH. The tinal n::pon concludes that "unless immediate mel1sures are token to alleviate
spectrum shortfulls and promote iDteroperabHity, public $afety ngcncief: wiIJ not be able to adequately discharge
their obligation to protect life and property in a safe, efficient, and cost cffcct.lvc manner."
The PSWAC committee that issues its final report and recommendations todny is composed to swte and local
representatives, as well 8S the Federal Bureau of InvestiiBtion (FBI), the U.S. Dcpartmenl of Defense, and
representatives of the u.s. Justice' Depanment. The committee is likely to urgc ~ doubling of tho current
SpeclIUm allocation to cities Bnd nearly a quadnJpJing to address crilical date and video needs for public safety.
The committee a]so expects to focus a number of its recommendations an interoperability. Public safety is the
third largest user of radio spectrum in the United Stlltes. But public safety has troditionally not received
suffioIent spectrum during the allocation pI"OCCSS, nor do cities and towns have adequate flnnnoial resources to
compete in auctions.
ACTION:
I
i
Urgc your dcJelation to reject the House proposed auction of spl!ctrUm ilnd to make a commitment to Jmplemcnt
the rocommendlltions of the PSW AC before any COnsideration of any further proposals to auction off.
I
I
PRANCHlSE CASE
TCI Cablcvlsion has filed with lhc Federal Communications Commission (FCC) one of tho most sweeping
chalJong9 yet to municipal authority to franchisina or permitting of IClcpho~ compWlies and telephone
francl1ise Of pennit (eca. Tho case against Troy, Michigan, could be a precedent-setting case by the cable
induBtry seeking to preempt any m~nicipal franchising a~thority and to impose sharp preemption of municipal
tl8htl-o(~way authodty under the new Telecommunications Act of J 996. If successful. the cJual1cnge to citie8
could cost mUlIons of dollars in foregone franchise fee revenues. There is !1etU'ly 520 billion at stake for cltJes
in tbe rights-of-way. franchl!e, and local taxation of telecommunications arena. NLC has joined cities in
Michigan. the National ASloointion of Counuea (NACo), And the Confcrc:nc:c of' May~ (USM) In 8 nung
befaro tbl! FCC urging reJectJon of the petition by Tel Cablcv ision:
. The suit by TCl Cable vision peUtlons the FCC to voice Troy's telecommunications ordinance adopted ]8~
last ycar. That ordinance gentrally requires telecommunlcatlonR companies which wish to provide
telephone services to obtain a local franchise. In its brief filed with the FCC TCI claims that the 1996
TelccommunJeations Act uexpllcitly removes telecommunication& I franchi&ing' from local io~crning
officials." ,
. In December of 1995. the city 8~Opted a telecommunications ordinance to set a rights-of-way manaacmcnt
plan end broadly regulate telecommunications services in the city. The ordJnance requires
telecommunications providers to obtain 0 rcleconvnunlcations llcense or franchise in order to use the citts
ri8h~f-W8Y to provide telccommunications services.
. It is this ordinance that Tel is auacking, clamJng it viollltes the now federal telecommunications act. As part
or its challenie. Tel claims that under the new federal telecommunications law:
I
t
8) telephone franchise fees cannot be based upon gron revenues;
b) cable companies can provide telephones services under a cllble franchise;
2
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SEP 17, '96 HI:@6 (ET) MOl:lor Rito Garvey PAGE 3 of 4
.--..... ... .'--es/'l?/96-..i0i0r. .-'FL'[E~,jfi:F cffi"es'-';"ii:T'FAX"'BR6A5C"As"'. _..,- --,...._, - 1<1.461 POO3
RL-;.5~
c) citio, are btuTcd from local franchiAlng of telephone companiesi and
d) city authority to manage telophone rlght&~of - way is very nnrrow.
. The lognl action by Tel and its claims to the FCC presont the most direct chullcngo to municipal control of
rights-of-way Md municipal authority over telephone foochisCA and permits since President Clinton signed
the new legislntion into law earJy this year,
ACTION:
1
Contnet your delegation righe away to urge them to contact the FCC &0 reject TClls petltion. Inllist upon a
written confirmation from your delegation members providing 8 reaffirmation of municipal rIghts and Iluthority.
Controry to Tel's assertions, the City is fully within its power in accordance with the 1996 Act to adopt un
ordinance to require telecommunications providers to obtllio a telecommunicatJons license or franchise to use its
rightR-of-way to provide telecommunications services. The 1996 Act does not preempt the City of Troy's
Telecommunications OrdInance adopted In December or J 995.
"
MOBILE ANTENNAE j ,
I ., . .
A Texas-based telecommunications company in the business of faclUlatlng the sitting of mobUc service
antennne, UnJslte, Is sc.cking contraCts with the U.S. Postal Service for the Installation of polCR and nntcnna.c at
their federal facilities in order to avoid any compliance with local land ulle and zoning ordinances. The effort to
bypass municipal aulhodcy ho.s pollco power os well as revenue impUCAtlon!; for cltlcl and towns. Tho errOt1
appears to conflict wIth a Presidential Executive Order.
1
I
PIoase contact your deleaation immediately to urge action by Congrcs.q to instruct all federal and q,uASi-federal
agencie$ that they must work closely with munIcipal officials to addreas locaJ concerns in the aitting of these
antennae. Urge support for propoacd Conference Report Language to Py '97 Treasury, Postal Service, Goneral
Oovcmment ApproprJadonl Bill, HR 3756, chal would Rend that tho requirements In mo Oc:neral Services
Adminiatration's (OSA) Notice to Executive Departments and agenclell facnitating access to Federal Property
for the sitting of mobile servicc. antennas arc not beJng fully carried out: "The conferees bellevc it is imperative
that Executive departments and agencies follow the OSA'a requirement that slulna decisioD. be done in
accordance with state and local i laws Dnd reaulations, and con.istent wJtb public health, Rafety and
enyjronmenral concern.. The conf~rccs direct the GSA to work closeJy with 8tnte and local officials to alsure
that state and local e,overnment conCerns arc fully addressed in implementing tmll directive prior to any Federal
tiling: decisions."
o
ACTION:
HOUSING
NLC will continue to work for tho total elimination of the COHO sanctions on cltles in the House public
houHJng reform bllJ. H.R.2406, wh'Ue increasing our focus on passage of public housina: reform logislation
bdfore Congress adjourn, in LA T8 September.
. I
Wllh fundmg for publlc houslng slashed drnmatlca1ly over the last Ihrcc years, it J8 essemlal that the Conference
Committee on H.R.24061S,1260. public housing rcfonn legislation. meet immediately to reconcile these: bills
and pass a finol conference agreement before Congress adjourns at the end of September. Ab~ent passage of
3
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SEP 37, '913 1e:es (ET) Mayor Rita Garvey PAGE 4 of 4
29,'l7/9G HHEll FL LE~ CF' CITIES + Mel FAX I3RC1ADCAST.-..--.-..-....-.. NO. 461 POO4
these roforms. public houalna nuthorltlci (PHAA) will hAvo great difficult)' operatIng under many of the exisIin,
statutes and regulotions.
j
Both H.R,2406 and S,1260 would ellminato mtmy costly nnd burdensome law! and regulations and would,
, reform housing .Ultutcs to allow PHAs to Get minimum renta, cllmfnotc rigid rent cnps for ~hc working poor
(disincentives to worle). relax CUlTOnt preferences and in~mo targets to aUow for 11 greater inc()mc mix nmong
. tenant'. and Sncrea.\c local community control over public housing progrnms,
i . ' , '
PHAs need those refonns if they are to continue to adequately ndministof public houslng.
ACTION:
" , , , I)
.Please contee! members of yOur COngrcSllionaJ delegation, ~iaJ]y Senator Connie Mack, and urge them to
expedite the pussagc of a nnl11 pubUc hou~ing 'rcfonn bill bcforo Conaress adjourns,
'1
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PRELIMINARY AGENDA
Clearwater City Commission Worksession - Monday, September 16, 1 996
following CRA which begins at 9:00 A.M. but no later than 10 A.M.
Clearwater City Commission Meeting - 6:00 P.M. - Thursday, September 19, 1996
Service Awards
Convene as Pension Trustees
Reconvene as Commission
CRT COMMUNITY RESPONSE TEAM
1. Lease renewal with Albert & Linda Guy for property located at 1000 Vine Avenue, Jurgens
Addition to Clearwater, Blk E, part of Lot 10, for CRT North Greenwood Neighborhood Office, for
the period 10/1/96-9/30/97, for $4,800 ($400 per monthHConsent)
ED ECONOMIC DEVELOPMENT
1 . Res. #96-60 - amending Res. #96-25 which established the State of Florida Incentive Partnership
(SHIP) Local Housing Assistance Plan for State Fiscal Year 1996-97
FN FINANCE
1. Purchase of property, casualty, liability I worker's compensation, & flood insurance coverage for
FY 1996-97, in an amount not to exceed $900,000
HM HUMAN RELATIONS
1. Approve recommendations of Technical Review Committee for allocation of $38,000 in additional
city social service funds which were approved by the Commission during budget hearings
HR HUMAN RESOURCES
1 . Extend contract for mental health 1 substance abuse coverage with Professional Psychological
Services (PPS), Clearwater, FL, for the period 1/1/97-12/31/97, at an est. $167,428.80
MR MARINE
l. (Cont. from 8/15/96) Marina Business Plan
2. Res. #96-59 M increasing basic vessel slip rental fees at Clearwater Municipal Marina; First
Reading Ord. #6086-96 - to amend Sec. 33.028 to authorize City Manager to approve vessel slip
rent increases up to ,10% annually
3. Pier 60 Business Plan ,
4. U.S. Coast Guard Lease for marina building room 26, for a 5 year period, with annual renewals
through 9/30/2001, for $11,400 (Consent)
PO POLlCE
1. Lease Agreement with Daystar Properties, Inc., for premises located at 1217A N. Ft. Harrison
Ave., for the period 10/1/96-9/30/99, at an annual rental of $6,600 (Consent)
2. Lease Agreement with Sgt. Allen Moore Community Partnership, Inc., for 1996 Ford Econoline
, 15 Passenger Club Wagon, for 1 year commencing 9/20/96, renewable for up to additional 4
. years, at annual payment of $1 (Consent)
9/16/96
1
PW PUBLIC WORKS
1 . Purchase Order to secure double detector check valve assemblies through a City of Tampa
contract with Davis Meter and Supply, Tampa, FL, for the period 9/20/96~8/14/97, at a total est.
$61,525 (Consent)
EN ENGINEERING
1. Public Hearing & First Reading Ord. #6082~96 - Vacating existing 10' drainage & utility easement
lying along SE side of Lot 12, Forest Wood Estates (David D. & Kathleen Clausen, V9 6-11 )
2. License Agreement for r-o-w with Sun Country Cleaners, Inc., for portion of Lots 6-10, Blk C,
Coachman Heights Sub., for 5 years, with initial year license fee of $1,020 if paid at $85 per
month; or at Licensee's option, a single annual advance payment of $960 plus applicable sales
taxes, adjusting upward 4% annually, having option to extend for 3 additional 5 year terms
(Consent)
3. Supplemental Agreement #9 to consultant services agreement (re Clearwater Pass Bridge) with
David Volkert & Associates, Inc., providing for preparation of Record Drawings and providing
redistribution of approved payment amounts in Phase II of the agreement with no increase to the
agreement amount [Consent)
4. Contract for demolition of commercial structures at 10 s. Missouri Ave., & 1165 Cleveland St. to
E.L. Trevena, Inc., Pinellas Park, FL, for $154,637 and approve environmental projects costs of
$42,648.60 to: Advantage Environmental Services, Inc. 1$4,330) on current annual contract
with General Services; Lang Engineering of Florida, Inc. ($25,576.80) on current annual contract
with University of South Florida; Occupational Health Conservation, Inc. ($3,992) on current
annual contract with Pinellas County; $5,750 reserved in case contaminated soil is encountered;
$3,000 reserved for disposal of hazardous waste products presently remaining on site; an
addition.al $475.65 included for advertisement of the project, for a total of $197,761.45
6. Contract for parking attendant services at Pier 60 & S. Gulfview parking lots to Central Parking
System of Florida, Inc., Tampa, FL, for the period 10/1/96-9/30/99, for $802,158
6. Approve ranking of prospective Fixed Base Operators to furnish aviation services at Clearwater
Airpark
7. Work Order to Post, Buckley, Schuh & Jernigan for Downtown Lake Cell 2 redesign
CP CENTRAL PERMITTING
1 . Public Hearing & First Reading Ords. #6078~96 & #6079-96 - Land Use Plan Amendment to
Institutional & PISP Zoning for property located at 1331 Cleveland St., Brookwood Terrace
Revised, Blk 6, Lots 3-8, part of Lots 1 & 2, Lots 9-1 3 and N % vacated street (Jami AI Salam
Inc., LUP96-05, 296-10) - To be Cont.
2. Public Hearing & First Reading Ords. #6080-96 & #6081~96 - Annexation & RS~8 Zoning for
property located at 1751 Ragland Ave., Clearwater Manor, Lot 73 (Kenneth Schilling I Terence
A. & Kelli J. Suiters, A96-25)
3. Public Hearing - Res. #96-61 - authorizing transmittal of the City's application for inclusion in the
State Sustainable Communities Demonstration Project (statement of interest)
4. Public Hearing & First Reading Ord. #6075-96 - revising appointment standards for Planning and
Zoning & Development Code Adjustment Boards (LDCA96-16)
5. Public Hearing & First Reading Ord. #6076.96 - Amending Sees. 40.034, 40.043, 40.064,
40.084, 40.104 & 41.053 to allow noncommercial parking as a conditional use in single family
residential districts (LDCA96-1 2)
'.
9/16/96
2
.....
6. Public Hearing & First Reading Ord. #6071 ~96 . Amending Comprehensive Plan including
amendments to future land use element as required by F.S.163, related to the Public Education
Facility Siting Act
7. Receipt/Referral ~ LDCA to amend Sec. 41.221 to allow Outdoor Cafes in the P/SP and OpeD
Space/Recreation Zoning Districts on Clearwater Beach (LDCA96-20)(Consent)
CM ADMINISTRATION
1. Lease Agreement with Jolley Trolley Transportation of Clearwater, Inc., for use of portion of
Memorial Civic Center, for the period 10/1/96-9/30/2001, at rental rate of $1 per year (Consent)
2. Funding Agreement with Jolley Trolley Transportation of Clearwater. Inc., to fund in part the
operational costs incurred in providing activities & services authorized by agreement for period
10/1/96.9/30/2001, subject to annual budgetary appropriation approved by the Commission
(Consent)
3. Budget ~ 1996~97 ~ Second Reading - Ord. #6086.96 - Declaring millage rate to be levied for FY
beginning 10/1/96 and ending 9/30/97, for operation purposes inCluding pensions and debt
service, and road maintenance for capital improvement expenditures at 5.1158 mills; providing an
effective date, the levy of 5.1158 mills constitutes a 1.21 % increase over the rolled back rate of
5.0547 mills
4. Budget - 1996.97 - Second Reading - Ord. #6087-96 - Adopting an Operating Budget for FY
beginning 10/1196 and ending 9/30/97; authorizing City Manager to issue such instructions
necessary to achieve and accomplish the service programs so authorized; authorizing City
Manager to transfer moneys and programs among the departments and activities within any fund
as provided by Ch. 2 of Code
5. Budget - 1996.97 ~ Second Reading - Ord. #6088~96 ~ Adopting the Capital Improvement
Program Budget for FY beginning 10/1/96 and ending 9/30/97; approving the six year CIP which
shall be reevaluated at the beginning of each fiscal year; authorizing City Manager to issue such
instructions necessary to achieve and accomplish the capital improvements so authorized;
authorizing City Manager to transfer money between projects in the CIP; appropriating available
and anticipated resources for the projects identified
ClK CITY CLERK
1 . Lobbyist Contract - receive presentations from lobbyist firms, establish a ranking and authorize
negotiation with top ranted firm
2. Commission Policies (BD~ 13 & LD* 14) to restrict Advisory Board member display of campaign
materials at board meetings & establishing procedure for conversions of Mobile Home Parks
(Consent)
CA LEGAL DEPARTMENT
Second Reading Ordinances
1. Ord. #6066~96 - Land Use Plan Amendment to Preservation for property located at 20162
US19N, Sec. 18.29~16, part of M&B 44.04, Sever Park, part of Lot 3 IAsa & Katherine Lewis,
LUP96~04)
2. Ord. #6067.96 - Preservation Zoning for property located at 20162 US19N, Sec. 18~29~16, part
of M&B 44.04, Sever Park, part of Lot 3 (Asa & Katherine Lewis, Z96~07)
3. Ord. #6072.96 - Annexation for property located at 1460 Sunset Point Rd., Sunset Highlands
Unit 2, Lot 11 (Rawlings, TRE, A96~24)
4. Ord. #6073-96 - RS.8 Zoning for property located at 1460 Sunset Point Rd., Sunset Highlands
Unit 2, Lot 11 (Rawlings, TRE, A96-24)
9/16/96
3
6.
Ord. #6089-96 - Amending Operating Budget for FY ending 9/30/96 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 Utility Fund,
Recycling Fund, Parking Fund, Pier 60 Fund, General Services Fund, Garage Fund, Central
Insurance Fund, and Administrative Services Fund
Ord. #6090-96 - Amending the Capital Improvement Program Report and Budget for FY ending
9/30/96 to reflect an increase in budget expenditures to expand the scope of projects in the
functional categories of Fire Protection, Intersections, Garage, City Hall Annex, Miscellaneous,
Stormwater Utility, and Gas System, and to reflect a decrease in budget expenditures to reduce
the scope of projects in the functional categories of Park Development, Marine Facilities, and City
Hall, for a net increase of $2,929,572
(Cont. from 9/5/96) Ord. #6074-96 - Amending Art. 1 of Ch. 28, to create Sec. 28.11 to prohibit
a person from using skateboards, roller skates, in-line skates, coasters and other similar devices
in specified locations
5.
7.
,I'
First Reading Ordinances
.,', .
1. Ord. #6098-96 - Amending Art. 1 of Ch. 28, to create Sec. 28.11 to prohibit a person from using
skateboards, roller skates, in-line skates, coasters and other similar devices in specified locations
Resolutions
1. Res. #96-62 - Assessing property owners the costs or having mowed or cleared owners' lots
OTHER CITY ATTORNEY ITEMS
City Manager Verbal Reports
1. Schedule Community Meeting re Northwood Estates Retention Issues
2. Schedule Community Meeting re Edgewater Drive Project
3. Florida Power Agreement for Binding Cost Estimate
Commission Discussion Items
1 . City Manager / City Attorney Evaluation Procedure
2. Commission Rules
Other Commission Action
Adjourn
Convene Closed Bargaining Session
9/16/96
4.
-
TO: Mayor Rita Garvey
FROM: Betty J. Blunt, Confidential Clerk Receptionist
COPIES: City Commissioners, Betty Deptula. Cyndie Goudeau
SUBJECT: Presentation at the September 16, 1966 Work Session
DATE: September 16. 1996
The following presentations will be made at the September 16, 1996 Work Session:
5 years
Gloria Nims, Library Getter of appreciation and a pin with city seal)
10 years '
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Cynthia Anderson, Human Resources (letter of appreciation and a wall clock)
Susan Marx, Gas Department (letter or appreciation and a desk clock)
15 years
20 years
,
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Jon Russell, Parks and Recreation Getter of appreciation and a plaque)
Noel Wright, Public Works (letter of appreciation and a watch)
Elizabeth Garrett, 'Parks and Recreation (letter of appreciation and a watcll)
, 25 years
Robert Bekker', Police Department (letter of appreciation, day off with pay, dinner
celimcate at Tlo Pepe Restaurante
30 years
Candace McDaniel, Library (letter of appreclatlon, vacation package)
The "Employee of the Month" for August, 1996 is Thomas Mahoney, Engineering
Department. .
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The "Employee of the Month" for September, 1996 is Kelly O'Brien, Pollee
Department.
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CITY OF CLEARWATER
, Interdepart!'TIontal Correspondence
Mayor and Commissioners
Cynthia E. Goudeau, City Clerk@
. SUBJECT: Availability of Libraries for Community Meetings
TO:
FROM:
COPffiS:
Elizabeth Deptula, City Manager
Pamela K. Akin, City Attorney
Rich Baier t Engineering Director
DATE: .
September 12, 1996
. (
, The Adler Room is available for an evening community meeting re the Edgewater Drive
Habitat Restoration Project on the following dates:
. Monday, September 23
Thursday, September 26
Monday, September 30
Thursday t October: 10
Tuesday, October 15
The Countryside Meeting Room(s) is available for an evening community meeting re the
Northwood Estates Retention Issue on the foHowing dates:
If need both rooms A and B - Thursday, September 26
Wednesday t October 30
If can use just one ro~m -
Monday f September 30
Wednesday, October 2
Monday t October 7
Wednesday, October 9
Thursday, October 10
Wednesday, October 16
Please bring your calendars to Mondats Work session in order for us to establish these
meeting dates.
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SQP-13-96 lO:60A
VR3
City of Clearwater
Interdepartmental Correspondence Sheet
TO:
FROM:
COPIES;
Elizabeth M. Deptula, City Manager
RICha4 J. Baler, City En9ineerli~B 1"1/ $
File
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SUBJECT: FIOridajPOwer Agreement for Binding Cost Est/mate
DATE: September 13,1996 ,
. p~r your request, I s~fOlWardin9 s copy of the Florida Powar 'Agresmenl for
Binding Cost Estimate- for Island E6tates so It may be discussed at the 9/16
, Work Session. -
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P~02
Florida I
Power
COAI'O"ATION
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September 3, 1996
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Mr. Richard J. Baler. P.E.
City Engineer ' . I
City of Clearwater, FL 34618~4148
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Ae:, 'stand Estates Ov~rhead to Underground Conversion Project
Dear Mr. Baier:
I
Enclosed please find the · Agreement for Binding Cost Estimate- for Island Estates.
The Agreement has beo'n signed for Florida' Power. Please have the Agreement
executed for the ~ity. I ' " . .
Also enclosed Is an - AuthorizatIon and Agreement- form used by Florida Power to
account for the funds. Please sign this form In tho appropriate space also,
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Upon receipt of these two executed forms and the Cost Estimate Fee, Florida
Power will begin the engineering to produce the BInding Cost Estimate.
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If you have Bny questions or need additional datall, please call me at 562-6660.
1
Sincerely. j .
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, FLORIDA POWER CORPO ION
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2181 Palm.uo Strut. P.O.ilox 10'" C1..rwat.r - Flarlda 34017- (UU) 1182.U21 . fAX (813. 1102.15081
, I A Rorld. Pro"... ConvMnr
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. ,AGREEMENT FOR
'BINDING COST ESTIMATE
PRESENTED TO
: THE 'CITY OF CLEARWATER
170R
ISLAND ESTATES
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FLORIDA POWER CORPORATION
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Sgp-13-96 10:51A
P.04
.
AGREEMENT FOR BINDING COST ESTIMATE
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THIS AGREEMENT, Is mode and entered Into 8S of the day
of by and between FLORIDA POWER CORPORA liON. a Florida
corporation (tho .Utillty-) and the City of Clearwater (- Applloant").
! REC'T ALS
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1. The Utility ls an' (nvestorwownad electric utlllW providing retail electrical service
under the regulation O! the r:lortda Public Service Commission (the .Commlsslon W).
i
2. Applfcant Is a Florida municipal corpor'atJon within the Utility's Comm[sslon-
approved service territory.
!
3. Applicant 15 considering the undergroundlng of all existing overhead
distribution facilities on Island Estates (hereinafter called the -Distribution
Facllitlos") by the Utillty as ooverned by tariff Part XII of the Utmty.s Rules and
Regulations as approved by, and on file with, tho CommIssIon as same may be
emended from time to: time (the "Tarlff Rules II or Individually, a "Tatiff Rule").
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4. Applicant has submitted to the Utility a wrJtten request pursuant to Tariff
Rule 12.02(2) for the Utility to develop p written cost estimate to accomplish the
undergroundlng of the, Distribution FacilitIes (the .Undergroundlng If).
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5. The parties desire to Bet forth an agreement undor which the Utility shall
submit to Applicant a binding cost estimate (the "Binding Cost Estimate U) to
accompUsh the Undergroundlng.
l'-GREEMENT
1. Recitals Correct. The foregoing recitals BfB true and correct and are
Incorporated herein by reference.
, I
2. O"lIverv of Estlmpte. WithIn Sixty (GO) days from the date of this Agreement
the Utility &han deliver to ApplJcant, a Binding Cost Estimate to accomplish the
Undergroundlng. I '
3. Duretton of Estimate. The Binding Cost Estimate shall remain valid for a
period of 180 days from tho date of recetpt by Applicant. If Applicant has not
accepted the Binding Cost Estimate within such period by executing a construction
contract as contemplated by Tariff Rule 12.06, tho Binding Cost Estimate Shall bo .
of no further force and effect.
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Sgp-13-96 10:51A
P.06
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4. Work Includedl Tho Binding Cost Estimate shan estabUsh a firm price to
accomplish the Undergroundlng. The scope of tho Undergroundlng covered by the
Binding Cost Estimato shal1lnctude Installation to an appropriate residentIal and
commercial ereas of aU primary and secondary conductorsf conduit. splices, switch
gear, transformors and conduit. end electric service drops necessary to accomplish
the undergrounding of the DistrIbute. FacUlties.
, .
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6. Cost Estimate Fee. Upon execution of this Agreement. Applicant shall pay to
the Utility a feo (the ~Cost Estimate FeB-) In the amount of Nine Thousand Dollars
($9,000.00), which Cost Estimate Fen has been calculated in accordance with
Tartff Rule 12.04(2). I
! .
6. Offset Aaainst'Future Construction. If Applicant timely eccepta the 8inding
Cost Estimate bV executing e construction contract with the UtlHty as contempla.ted
in Tariff Rule 12.05. the Cost Estimate Fee shall be counted as a credit against the
facility charge In such construction contract. .
I
" IN WITNESS WHEREOF, tho parties have executed this Agreement as of the
date and year first ab'ove written.
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FLORIDA POWER CORPORATION
By: f1\u.k,Jl O. ~,.
Tltle t' 'tJ'tr"J'~ ui~.,(,bl:':'lmJ (\1f;N~n..
CITY OF CLEARWATER
By:
Title:
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e=f 10:61~UTHORIZATION AND AGREEMENT
WORK AUTHORIZATION CJ JOB ORDER :lA.2' C :ek NUMBER
~ITO"'lRlI NAlAlI WDIi "~Iolli . IlURtsENTATIVIi,& HAM~ RIlPllq~NT"TIV!'a TlTLi
P.06
96-0223
CITY
Clea):'Water
STAll!.
PL
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34.616
ITIII.,. AODRIii$
WOftIC Dllll~"TIO"
:CtAC "
Provide a binding oost ..timate for the conversion or tht e1.ctric diatri~u.
tion ayatem for Xsland istateD from overhead to und.rground.
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BlUiNG lolntioO
a ~nlract Price S
OTHe" tvWS 0' P4YN'NT
9000.00
TefiMS OF PAVMENT
~ COlt 0 COal plus 11.i'l. Ga In tllVan:e
On 01 berere 20 dayt IIta r Olhar
o Complllloll 01 plDl,el a Elplaln belaw
OWNtIlSHI~ 01 CO"PLITI!O "~OJrCT tUola CHECK REClilVEIl
5i! FPC 0 ClJatomer
AGREEMENT
The undll1llgne<l hereby authorizes and employs Florida Power CorporatIon to perlorm the above Job and 10 lurnlsh labor. nllcUSll)' lacllltles
or equlpmlnl. andlor matarlal. for 1M above Jo~ and _greeD to pay'ln accordBnoo wllh terml 01 plymlnt III nDtlld ,\)<lve.
l! 0.,. ~8CVI CUSTOMIA Oft l\e~Al!Il~NTAT1VE ! CATli
~TlNQ LO~lION
Clelurwater'
RA CODl!.
393
AUTHORIZATION
"UTHOR1Z1NG SUPEIlVI&OR
M. L. Higga
: ACCOUNTING INFORMATION
ACTIVITY eOMMtNr
1~ .
i Binding Cost Bstimate . CIAe
DAli
08/28/9
x
C"U !MCNTH l YI.ARJ U. ""ONTH I NlAll1'AJ 5liQ
2 . II . 10
J9
CHARGES fDEsm I CREDITS
fPlillM.UlY I ~l\tMAIilY $ AMOUNT
ACCCUNT M lAC AC'TIVITY ToUIUIlA COD~ ACCOUNT A... CAO IICTMfY TAlK
40 ., " 411 !5 '" 4) <<l Ii 55
1422.Q 393 393 909 AC061G 23307W 900..0.00
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I TOTAL .01.
TO: CONTROLLeR~DePARTM&NT
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Please oct" Job Order 1 for accumulatlno costs.
RiQUUTED IY I DAU
WORK ORDER'
T Acnvnv r TAlIK 1 COilP1.UIOH CAT! NUMBER
:
Please closo Job Order to , 11120.28911
ftlCUeaTiD 8Y I DAn:
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COMMISSION RULES
RULE 1
SCHEDULING COMMISSION MEETlNGS/WORK SESSION AGENDASI
(rev. 2-20-86: 5-'-86: 1-7-93:
7-' -93: 12-2-93: 8-15-94: 3-16-95:
rev. and renumbered _-_-9G)
(1) The City Commission shall meet on the first and third Thursdays of each
month at 6:00 p.m. in its chamber., However, in July, the City Commission shall
hold one regular night meeting on the third Thursday of the month. There will be
no regular meeting on the third Thursday of December or the first Thursday of
January. The Commission will make this determination at the time the annual
meeting calendar is being compiled.
(2) Except as may be rescheduled from time to time when necessary due to
conflict, a work session shall be held at 9:00 a.m. on the first working day of the
Commission meeting week. Work sessions are primarily designed for information
gathering and guidance, and no formal Commission decision approving or
disapproving an agenda item or items scheduled for public hearing may be made.
No public input will be accepted at work sessions. Only items on the work session
agenda will be discussed. Items not on the agenda may be brought up by the
Commission or staff during the work session asking they be scheduled for
subsequent meetings or work sessions.
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(3) Community meetings will be scheduled as requested by the Commission.
RULE 2
REQUIREMENTS FOR QUORUM
(renumbered _-_-96)
A quorum for the transaction of business by the City Commission shall consist of
three (3) Commissioners.
RULE 3
MANDATORY MEETING ATTENDANCE FOR CITY OFFICIALS
(rev. and renumbered _-_-96)
The City officials whose regular attendance shall be required during the sittings of
the Commission shall be the City Clerk, City Manager and City Attorney or their
substitutes.
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RULE 4
DUTIES AND RESPONSIBILITIES OF .CHAIR"
(rev. and renumbered _~_-96)
The Mayor-Commissioner shall be the presiding officer of the City Commission, and
shall be referred to as the "Chair" when sitting in that capacity. In case of the
absence of the Mayor-Commissioner, the Vice Mayor shall assume those
responsibilities, and if both are absent, the senior Commissioner in years of service
shall preside. The Chair shall preserve order. The Chair may call to order any
member of the Commission who shall violate any of the rules; and shall decide all
questions of order, subject to a majority vote on a motion to appear. The Chair
shall recognize all Commissioners who seek the floor under correct procedure. The
Chair shall not make or second a motion.
RULE 5
DUTIES OF VICE-MA YCR IN ABSENCE
OF MAYOR-COMMISSIONER
(new 2~2-95; renumbered _-_-96)
Pursuant to Charter section 2.05, "the vice-mayor shall act as mayor-commissioner
during the absence or inability of the mayor-commissioner to perform the duties of
the office of the mayor." For the purpose of that section, the mayor-commissioner
shall be considered absent if there are duties of the office which must be performed
and the mayor-commissioner is not present and able to perform them.
RULE 6
'ORDER OF BUSINESS
(rev. 2-20-86; 12-1-88; 12-17-92;
7..1-93; 12-2-93; 1-3-94; 9-16-94;
rev. and renumbered _-_-96)
(1) The order of business for a regular meeting shall ordinarily be:
A. Invocation.
B. Pledge.
C. Special recognitions and awards.
D. Minutes of previous meetings.
E. Citizens to be heard regarding items not on agenda. Each speaker will
be asked to give their name and address and to limit their comments to a maximum
of three minutes.
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F.
Public hearings (not before 6:00 p.m.)
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legislative and administrative matters:
1 . Presentation of issues by City staff.
2. Statement of case by applicant or representative (5 minutes).
3. Commission questions.
4. Comments in support and comments in opposition, whether as
an individual or as a spokesperson for a group (3 minutes).
5. Commission questions.
6. Final rebuttal by applicant or representative (5 minutes).
7. Commission motion to determine disposition.
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OuasHudicial Hearings (those giving testimony wilf be sworn~in):
1. Staff states its recommendation and briefly summarizes its
reasons for the recommendation (2 minutes).
2. Applicant presents case, including its testimony and exhibits.
Witness may be cross-examined (1 5 minutes).
3. Staff presents further evidence. May be cross~examined (10
minutes) .
4. Public comment (3 minutes per speaker).
5. City Commission discussion, and may question any witness.
6. Applicant may call witnesses in rebuttal (5 minutes).
7. Conclusion by applicant (3 minutes).
8. Decision.
All time limits may be extended upon request, and upon approval of
request by majority of City Commission.
G. Special items of widespread public interest.
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H.
City Manager reports.
I. City Attorney reports.
J. Commission Discussion Items.
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K.
Other Commission action.
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(2) Persons speaking before the City Commission at times other than public
hearings shall be limited to three minutes per speaker. No person shall speak more
than once on the same SUbject at the same meeting unless granted permission by
the City Commission. When time limits are set for speakers, unused time cannot
be passed from one speaker to another.
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RULE 7
AGENDA/EXPENDITURE OF FUNDSJ
WAIVER OR CHANGE OF RULES
(rev. 12-2-93; 8..15-94; 10-5-96:
rev. and renumbered _-_-96)
(A) The City Manager, City Attorney, or any Commissioner may agenda an item.
Any citizen may request a Commissioner to agenda an item, even though staff has
assured petitioner that adverse action may result. The Chair cannot depart from
the prescribed agenda but the Commission may do so by a majority vote or by
consensus in response to a suggestion from the Chair. Continuance may be
granted by a majority vote, of the Commission upon the motion of any
Commissioner. The public will be allowed to speak on an item to be continued if
that item is an advertised public hearing, but no other action shall be taken.
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(8) Except for items advertised for public hearing, items may be removed from
the agenda. Additional items may be added upon not less than 72 hours notice by
a 'Commissioner to the City Manager; provided, that emergency items may be
added to the agenda by the City Manager or City Attorney without prior notice.
The agenda may be reordered.
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(C) Any expenditure of funds requiring commiSSion action must be on the
agenda, with appropriate support material. No action may be taken on
expenditures not on the agenda unless the Commission determines by the
affirmative vote of a majority plus one to permit action to be taken.
(0) The, rules may be waived or changed only upon the affirmative vote of a
majority plus one.
RULE 8
DEBA rE OF MOTIONSITIE VOTES
(rev. 12-2-93; rev. and renumbered _._~96)
Any member of the Commission making a motion or second shall address the Chair
and await recognition before speaking. The Chair must recognize any person who
seeks the floor while entitled to it. The person making the motion is entitled to the
floor first for debate. No one is entitled to the floor a second time on the same
motion as long as any other member who has not spoken on the issue desires the
floor.
When a motion is made and seconded, it shall be stated by the Chair before any
debate shall be in order. All motions shall be made and seconded before debate.
Upon presentation of agenda items, members may ask questions and request
additional information prior to making motions. All questions shall be stated and
put by the Chair, and the Chair shall declare all votes.
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For a member to discuss a matter while no motion Is pending requires permission
from the Commission. Motions and any amendments can be withdrawn or
modified by the maker at any time prior to the Chair stating the question on the
motion; after that time, the permission of the Commission majority must be
obtained. . The Choir cannot close debate as long as any member who has not
exhausted his right to debate desires the floor.
A tie vote shall constitute a continuance of the item to the next regularly scheduled
meeting, but upon a tie vote on the same item at the next meeting, the item shaIJ
not be rescheduled except upon the request of the City Manager, the City Attorney,
or a Commissioner.
RULE 9
NON-DEBATABLE MOTIONS
(rev. 12-2-93; renumbered _-_-96)
The following motions are not debatable:
To adjourn;
To lay on the table;
To take from the table.
RULE 10
RECONSIDERATION
(rev. 12-2-93; rev. and renumbered _-_-96)
Any member, of the Commission who voted with the prevailing side may move a
reconsideration of any action of the whole Commission provided that the motion be
made at the same meeting at which the action was taken. A motion to reconsider
shall be in order at any time (during the meeting at which the action was taken)
except when 8 motion on some other subject is pending. No motion to reconsider
shall be made more than once on any subject or matter at the same meeting.
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RULE 11 '
RESCISSION OF COMMISSION ACTION
(renumbered _-_96)
Commission action may be rescinded by a majority vote. The motion may be made
by any Commissioner.
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RULE 12
BREAKS/RECESSES
(rev. 12-2-93; rev. and renumbered _-_-96)
The Commission shall, at the direction of the Chair, take a break approximately
every two hours, and may recess for meals, if the members of the City Commission
agree by their vote. Any Commissioner may make a motion for a recess for an
appropriate reason.
RULE 13
COMMISSION MINUTES
(rev. 7-1-93; rev. and renumbered _.._-96)
Copies of the minutes of regular meetings shall be furnished, when possible, at
least seven days prior to the next meeting. Such minutes shall stand confirmed at
the regular meeting of the Commission without the reading thereof in open meeting
unless some inaccuracy or error be pointed out by some member of the
Commission present, and in such event, an appropriate correction shall be made.
Upon request, the City Manager will cause the City Clerk to provide any
Commissioner with transcribed excerpts of tapes of City Commission meetings.
RULE 14
RULES OF ORDER
(new 12-2-93; renumbered _.._-96)
Except as provided herein, or as may be required by Florida faw or the City Charter,
the rules of the City Commission for the conduct of its business shall be as
provided in the most recent edition of Robert's Rules of Order.
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COMMISSION RULES
RESOLUTIONS
Resolution No.
Date Adopted
, .
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77 -44
77-129
7 8-65
80-62
80-101
80-11 8
81-32
81-92
82-33
82-36
82-115
82-119
83..:42
83-75
85-47
86.18
86.30
, 88861
89-21
92-79
93-04
93-44
93-45
93-75
94~8
94-16
94-31
94-67
94874
, 95-16
95-35 '
95-77
96-11
5-12-77
11-23-77
6-01-78
5-1 5-80
9-1 9-80
11 ~06-80 '
4-16-81
8-06-81
4-01-82
4~15-82
12-16-82
12-16-82
4-07883
7-07-83
6-20-86
2-20-86
5-01-86
12-01-88 '
4-20-89
12817.92
1-07-93
7-01-93
7-01893
12-02-93
1-03-94
1-31-94
4-21-94
8-1 5-94
9-16-94
2~02-96
3-16-96
10-05-95
1-18-96
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revised _-_96
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