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10/17/1996I i Agenda i ; t' 7 , x. Y. V 10-17-96 ya/ l City Commission Meeting 10?17?96 note: 10- 14-96.Preliminary (worksession) Agenda and paperwork that was in package initially but then not continued onto Thursday's agenda is at the back of this agenda pack. ?09- ACTION AGENDA - CLEARWATER CITY COMMISSION MEETING Thursday, October 17, 1996 - 6:00 P.M. - Chambers 1. Invocation 2. , Pledge of Allegiance 3. Service Awards 4. Introductions and Awards 5. Presentations: a) Planning & Zoning Board'- Annual Report b) Hillsborough Property - Bob Smith 6. Approval of Minutes - Regular Meeting 1013/96 & Special Meetings 9/30/96 & 1014196 1. Commissioner Johnson and Father Ignatlos Achlioptas, Greek Orthodox Church of the Holy Trinity. 2. Mayor. 3. 2 awards presented. Employee of the Month - 10196 James Albright, Police Dept. Employee of the Year - 1996 Melvin Acton, Fire Dept. 4. Proclamations: a) Manufactured / Mobile Home Owners Month - 11196 b) Nurse Practitioner Week 1113-9196 c) Shriners Hospital Benefit Days 1111 &2196 d) Florida City Government Week 10/20-26196 5. Colt 45's 1996 Man's over 45 Fastpitch National Champions & Tampa Bay Smokers 1996 International Softball Congress World Champions recognized. a) Report received. b) Mr. Smith questioned City's future plans for 400 acres. Commission directed staff to sell at highest value or come back with alternatives. 6. Approved as submitted. 7. Citizens to be heard re items not on the Agenda Jay Keyes requested Jazz Holiday patrons donate canried/dry food at the concerts to Tampa Bay Harvest. Shoila Cole supported a well located and well designed replacement of the Memorial Causeway Bridge. Genf Worobec invited the Mayor to the Polish Center's celebration of Polish International Day on 11/9/96, Pam Wyall referred to the Library's video policy and recommended adoption of movie rating guidelines and implementation of a policy that allows parents to choose. PUBLIC HEARINGS 8. Public Hearing & First Reading Ords. #6096- 96 & #6097-96 - Annexation & P/SP Zoning for property located adjacent to Countryside Community Recreation Center, Sec. 29-28- 16, part of M&B 22.02 (Florida Power Corp., A96-26) 6. Approved. Ords. #6096-96 & #6097-96 passed 1 st reading. 10/17196 9. Public Hearing - Res. #96-69 - adopting the Evaluation and Appraisal Report (EAR) of the Clearwater Comprehensive Plan 10. Variance(s) to Sign Regulations for property (Smart & Final) located at 1661 Gulf to Bay Blvd., Gulf to Bay Shopping Center, Lots 3 & 4 (Arthur & Mary Bruno, SV96-20) 11. Public Hearing & First Reading Ord. #6094- 96 - CG Zoning for property located at Hercules Ave. at Sunset Point Rd., Sunset Oaks, Lot 2 & S. 160' of Lot 1; Pinellas Groves SW, part of Lot 1; Sec. 1-29-15, M&B 13.02 (City Initiated / Markos & Maria Poniros 1 Amoco Oil Co. / McDonalds Corp., Z96-11) 12. (Cant. from 9119196) 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, [ ots 3-8, part of Lots 1 & 2, Lots 9-13 and N% vacated street (Jams All Salam inc., LUP96-05, Z96-10) - To be Cont. 9. Approved. Res. #96-69 adopted, 10. Denied. Staff to work with applicant. Can come back with no additional fee. 11. Approved. Ord. #6094-96 passed 1 st reading. 12. Continued. Public Hearing - Second Reading ordinances 13. Ord. #6099-96 - amending Sec. 2.561(7) 13. Ord. #6099-96 adopted. authorizing City Manager to approve change orders up to $25,000 CITY MANAGER REPORTS CONSENT AGENDA (Items #14-27) - Approved as submitted less #s 23 & 27. 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. 14. Authorize a loan from Consolidated Cash Pool to Sand Key Power [tine Project in an amount not to exceed $318,000 to be paid back over 10 years with 6% interest; approve $11,050 payment to Raymond .lames, City's financial advisor, and $10,000 (plus out-of-pocket expenses of $2,089.66) to Bryant, Miller & Olive, City's Bond Council, which are amounts equal to contracted amounts as if the projected bonds of $1.4 million had been issued; authorize transfer of $25,000 to General Fund from project to compensate the City for upgraded light poles; authorize transfer of $30,000 to General Fund from project to reimburse General Fund for administrative time spent by City Manager, Legal & Finance staff to implement project (FN) 10/17/96 2 15. Amendment to existing contract with legal firm of Akerman, Senterfitt & Eidson, P.A., Orlando, PL, increasing legal counsel fees for Manufactured Gas Plant Site by $32,000 for a new total of $102,000 (GAS) 16. Contract for advertising agency services to City departments on a project basis to Peak Barr Petralia Biety, Inc., within each user departments approved budget, for the period 10/1196- 9/30/99 (IM) 17. Cooperative Geographic Information System (GIS) services with Pinellas County - Agreement for 3 years, plus 2 optional 1 year extensions; approve purchase of hardware & computer licenses at an est. $315,806.84; authorize creation of 4 additional GI5 positions at an est. $150,000/year for staff & benefits for year one and an est. max cost of $318,240 for years 2 & 3; accept grant from Substance Abuse Advisory Board for $173,105.13 with city match of $46,311.71 (contraband forfeiture funds); recognize County match of $11,390 and accept grant from US Dept, of Justice, Weed and Seed Program for $35,000 (IM) 18. Approve ranking of: 1) HDR Engineering, Inc., 2) Delta Seven 1 Peacock & Associates / Armstrong & Associates, and 3) IBIS 1 PBS&J re preparation of Management Plan for Camp Soule (Boy Scout Camp); authorize staff to proceed to negotiate a contract in order of ranking (PR) 19. First Amendment to License Agreement dated 418196 with PCS PRIMECO, L.P., providing for termination of all effects of said license in regard to premises at 1400 Young Street & 1700 Kings Highway, and ratifying certain other provisions described in said amendment, and approve Memorandum of License Agreement to be recorded in Public Records of Pinellas County (EN) 20. Assignment and Assumption of Lease with Peerless Supply, Inc, to Noland Properties, Inc. dated 9126/96, re city-owned property, A.H. Duncan's ReSub, part of Lot 7, Sec. 22-29-15 (Consent) 21. Cooperative Easement Agreement with Pinellas County School Board for construction of Allen's Creek demonstration stormwater treatment project at Clearwater High School (EN) 22. Contract for new airplane hangars at Clearwater Airpark to Hennessy Construction Services, Corp., St. Petersburg, FL, for $485,124.48 (EN) 23. Contract for Determination of Need for Clearwater Beach Community Redevelopment Agency to O'Neil Planning and Design Services, Inc., for $20,000 (CP) - APPROVED AS AMENDED. 24. Receipt/Referral - LDCA regulating public education facilities (CP) 25. Accepting Brownfields Economic Redevelopment Initiative Cooperative Agreement (CM) 26. Modification of Declaration of Unity of Title and Easement modification (Clearwater Christian College Private School) (CA) 27. Lobbyist Contract - legislative Consultant Services Agreement with law firm of Pennington, Culpepper, Moore, Wilkinson, Dunbar & Dunlap, P.A. (CA) - APPROVED. OTHER ITEMS ON CITY MANAGER REPORT 28. Res. #96-63 - Designating certain library employees as code inspectors and enforcement officers for purposes of enforcing Pinellas County Ordinance #96-52 for recovery of overdue library materials (LIB) 29. Res. #96-64 - naming the Clearwater Community Sailing Center 2nd floor room the "Carlisle Room" (MR) 28. Approved. Res. #96-63 adopted. 29. Res. #96-64 adopted. 10/17/96 3 30. Payment of $34,570 to Post, Buckley, Schuh & Jernigan, Inc., City Engineer of Record, for comparative assessment of Cell 2 and "C" Pond concepts re Town Lake Project (EN) 31. First Reading Ords. #6101.96 & #6102-96 - amendments to Occupational License Tax regulations & fee structure 1CP) 32. First Reading Ord. #6084-96 - revising Appendix A, Schedule of fees, rates and charges for various permits & services related to building construction of Central Permitting (CP) 33. City Hall Renovations - transfer $500,000 from Creative Beers construction project account and $15,800 from projected funding to Rowe Architects, Inc. to a City project fund (CM) 34. Legislative Program (CLK) 35. Other Pending Matters 30. Pulled. 31. Approved. Ords. #6101-96 & #6102-96 passed 1 st reading. 32. Approved. Ord. #6084-96 passed 1st reading. 33. Approved. 34. Approved. 35. None. CITY ATTORNEY REPORTS 36. Resolutions a) Res. #96-65 - Demolition Lien 1114 Carlton St., Greenwood Park First Addition Blk B, Lot 23 (Alma Davis) bl Res. #96-67 - Abatement Lien - 1960 Byram Dr. Sunset Highlands Unit 1, Lot 48 (Bill Nelson) c) Res. #96-68 - Amending Commission Rules d) Res. #96-70 - Assessing property owners the costs of having mowed or cleared owners' lots 37. Other City Attorney Items a) Res. #96-65 adopted. b) Res. #96-67 adopted. c) Res. #96-68 adopted. d) Res. #96-70 adopted. 37. City Attorney authorized to proceed to enforce Vogel Agreement regarding right-of-way deed. 38. City Manager Verbal Reports a) Local Interest Group, Memorial Causeway Bridge Report - Report received. Staff to schedule meeting in central Clearwater for city-wide participation. b) 1114196 Worksession - conflict with TBRPC - start at 1:00 p.m. 1114196 Edgewater Drive meeting scheduled for Chambers. 1112196 joint CRB/DDB meeting canceled. City Government Week brochures distributed. Pier 60 Park Grand Opening rescheduled to 11124196. 10/17/96 4 39. Other Commission Action a1 City Manager Compensation Consideration - Compensation decision postponed 6 months. Performance based standards to be approved at 11110196 special meeting. Compensation package amended to permit reimbursement for up to 7 vacation days. by City Attorney Compensation Consideration - 6% salary Increase approved. 51wd commended Mayor's letter to Jack Critchfield re women's equity In education and employment. Garvey expressed concern staff not spend more than 8 hours re advisory board direction. Garvey reported a military order offered to donate a flag pole. Clark referred to in-kind request for 1119196 downtown Shop 'n Hop. City Manager indicated request received too late to agenda and not part of approved Special Events package. Garvey said trees and bushes block several sidewalks. CRT to review. Garvey invited people to attend Jazz Holiday 10117-20196. 40. Adjournment - 9:80 p.m. f 1.01171/96 G CITY OF CLEARWATER Interdepartmental Correspondence TO: Mayor and Commissioners FROM: Cynthia E. Goudeau, City Clerk SUBJECT: Follow up from ©c , 1996 Work Session Selitembe COPIES: Elizabeth Deptula, City Manager DATE: October 15, 1996 In response to questions raised at the October 14, 1996, Work Session the following answers are in final agenda order. Item #Sb - Hillsborough Property - no revenue was received from this property last year. Item #10 - Sign Variance Smart & Final - attached- is a memorandum from Scott Shuford explaining staff's recommendation of approval. Item #16 - Advertising Agency - additional information regarding the firm and the departmental advertising budgets are included in your packets. Item #17 - GIS System - an explanation of the error in the cost calculation is included in your packet. Item #20.- Assignment of Lease to Nolan - the value of the property according to the tax roll is $92,900. This is a vacant piece of property and there is no building on it. Item #34 - Legislative Package - I will fax priority recommendations to you tomorrow. Items #39a&b - Comparative information and salary history for the City Manager and City Attorney are included in your packet. e 10/14/96 Work Session Follow Up Page 2 Miscellaneous: The City Engineer will send a letter to the County Traffic Department asking them to address PSTA`s concern regarding the need for a pedestrian crossing light at McMullen-Booth and the Hamptons. Will report once we get a response. CITY OF CLEARWATER Interdepartmental Correspondence TO: Mayor Garvey FROM: Sally Thomas, Agenda Clerk SUBJECT: Invocation COPIES: Cynthia Goudeau, City Clerk DATE: October 17, 1996 Tonight's invocation will be offered by Father Ignatios Achlioptas (auc-lee-opp-tas), Greek Orthodox Church of the Holy Trinity, 409 Old Coachman Rd,, 34625 CLEARWATER CITY item a: t? COMMISSION Meeting Date: Agenda Cover Memorandum 10/17/36 SUBJECT: SERVICE AWARDS RECOMMENDATION/MOTION: The following employees be presented with service awards for their length of service in the employment of the City of Clearwater. ® and that the appropriate officials be authorized to execute same. BACKGROUND: 5 ygpg 25 Years Thomas N. Tague, Jr. Police Nancy Burgarella Carolyn M. Parady-Osborne Police Steven S. Kelly Paul C. Chute Gas Fred E. Lloyd Edward Stiers Public Works Eddie Lloyd Y rs 3Q -ym§ Stanley G. Loveday Fire Calvin Mitchum James Berry Parks & Rec. Charles T. Sheldon Parks & Rec. Darren R. Keith Fire Victor Anglero, Jr. Solid Waste 15 Years Joseph J. Tenbieg Police Barbara J. Strother Gas James V. Maglio Solid Waste Audrey Meunier Finance Z-Q Yeari Robert McKenna Fire William J. Buckenhorst Engineering David A. Foster Gas Police Central Permitting Parks & Rec. Public Works Public Works Reviewed by: Originating Department: Costs: Commission Action: Legal HUMAN RESOURCES ? Approved Budget Total ? Approved w/Conditions Purchasing User Department: ? Denied Risk Mgmt. Current Fiscal Year ? Continued to. Is Funding Source: ACM ? Capital Imptavenwnt: Other Advertised: ? Operating: Date: ? Attachments: Other: Paper Submitted ? Not Required Appropriation Coda by. Affected Parties: ? Notified ? None City Manager ? Not Required TO: Mayor Rita Garvey FROM: Betty J. Blunt, Confidential Clerk Receptionist COPIES: City Commissioners, Betty Deptula, Cyndie Goudeau SUBJECT: Presentation at the October 17, 1966 City Commission DATE: October 17, 1996 The following presentations will be made at the October 17, 1996 City Commission meeting: 20 years William Buchenltorsi, Engineering (letter of appreciation and a watch with city seal) lea Steven Kelly, Central Permitting (letter of appreciation, day off wlih pay, $100 dinnelr cert[ficate) . .. _ EbRLOYEE OF-'HE-MOM The "Employee of the Month" for, October, 1996 Is James Albright, Pollee Department $j1iPi ME,1OF THE-YEAR The "Employee of the Year" for 1996 Is Melvin Acton, Flre Department PRO, CLAMATIONS 12nng1d Halglion, Manufactured/Mobtle Home Owners Month Sandy-0estreich, Nurse Practltioner Week R,ober1 Rgs bold. Pmsidant and mgmbers or the Clearwater ShrineQb - Shrines Hospital Benefit Days Ief -Harper - Florida City Government Week TZESFNTA30Mq TERRY SCHMIDT, PARKS AND RECREATION TAMPA BAY SMOKERS 1996 INTERNATIONAL SOFTBALL CONGRESS WORLD CHAMPIONS COLT 45's 1996 MIENS OVER 45 FASTPITCH NATIONAL CHAMPIONS The Clearwater Bomber Association is doing quite well with its expansion process. The men`s major fastpitch team, already involved with local girl's programs, added a team in the newly created Over-45 Men's Division of the Amateur Softball Association and won the National Championship in its first try. The ASA offered the new program for the first time in 1995, and the national tournament was played this season, September 12-15, at Clearwater's Eddie Moore Complex. Twenty-six teams from 14 States competed. The Colt 45's, a 17 man squad with 12 former Bombers, swept undefeated to the title. The home-town club beat California 12-1 in the championship game. Along the way, they defeated Wisconsin 11-0, Oklahoma 6-1, Maryland 4-1, Illinois 6-5 and California 13-0. Mitch Harter won all six games for the Colts. Harter, Mike Hazel, Bruce Turner, Jim Vedetich and Leon Wood made the first all-star team. Chip Kunnen made the second team and Dino Neotune the third squad. Hazel was named MVP. Terry Schmidt brought to Clearwater the first national tournament since 1974. The local ASA workers and the City of Clearwater Parks and Recreation Department did an outstanding job with the many details involved in hosting such an event. CHOMPIONS iL Mai" ders the Winner Besides playing top-flight softball, the Clearwater events with the Tampa Bay Lightning. They have Bombers have been champions at helping others for played against blind softball teams (the Bombers many years. blindfolded) and last year helped raise money for an The annual Bucs-Bombers game, pitting the ill youngster in Greenville, Illinois. . Tampa Bay Buccaneers against the Bombers, is Other benefiting charities include Deaf Services played at Jack Russell Memorial Stadium. Over the Center of Pinellas Co., Upper Pinellas Association for years it has raised several thousand dollars to help Retarded Citizens, The Pinellas Center for the approved charities. The Planes have beaten the Boats Visually impaired and the Sertoma Charities Fund. 16 times, tied 1 time and lost 2 times. Charities wishing to participate in fund-raising The Bombers have also begun holding charity projects may call (813) 547-8840 for details. Bruce Kaufmann, Chairman Proudly shows off awards ?e 'K ecJ ('e -.. I VIDEO RESTRICTED CARDS FOR .JUVENILES ATTENTION, PARENTS111 The Public Library's policy provides for access to library materials regardless of age. Library staff cannot decide what any given individual should read or view. The Library's video collection contains a wide variety of selections, including titles for mature audiences for which parental discretion is adviser!. Parents may wish to restrict which video titles their children may borrow. If you wish to limit your child's selections of, videos to titles marked J VIDEOCASSETTES, you may do so by presenting the card at the circulation desk. The card will be punched 0W. ONLY children's videos designated for juvenile viewing and marked J VIDEOCASSETTE will be loaned on a OJV" restricted card. Please ask a librarian for assistance If you have any questions. 216 (Rev. 3.96) I•MCK Indianapolis-Marion County Public Library . 3 N - e I~ ?r l?¦ E .8. c mom • :. ?: =? . y .?M • ?• do's cd !5 .9. 04 vg bo ??•? ?? ,? ISAA " oil t 9.03 ' 4 0 is as MH ark ?., ? . "ou 4a Q 'a b1?61 0 coo a !?0 E 00 S' M .1 ta 2:9 4 ?'' b N e -O -qpQ 4w C1 ? t?s P Yi. ? r . lq GFYq?? ? ,1rA .i a! eV 4J G1? Cdr S vl' a tug Mal w a io4 REZ .a u .' eo 1 *9 It!- 4 *0 FRO > ?w 4u 10 CA x a a?• ? ,? _? ? ? $'S?` e° ? ??'? ram. ?.? Library video PoijgX "'It'MG b"TL uneirarv of Clearwater Public Library's p lnabl,• minore to borrow R-rated videos T would like toiSeetthe library implement a policy which follows the guidelines tstablIshed by the movie industry. (This does not imply eliminating the video section or the R-rated videos.) .ftm AAArpas Qlanafnrp , L S6 _ lY ?c- Gimo L A ? ? 1 c 7 -? t z-, he<rS J49L 2-) A ILL, J., CK' al VleVe has ?? 5 ?c! r` C?« ?f 1 y 6 l 3 _ ?' ?"L---_•s? ,C,??????u Ca??,?1?, ?U? 3 ??t rC.(?1?ti? lr? r• C ?? G ?. f r,r t ??"7" ? .y ?'?"?r•1 `(r.•'? 2 77,; , lam u- . C 1 1 G? F y ti S A , L Q' Librar Video Polic I Having been unaware of Clearwater Public Library's policy to enable minore to borrow R-rated videos r would like to see the library implement ac policy which follows the guidelines established by the movie industry. (This does not imply eliminating the video section or the R-rated vrideos.) <a Librar Video Policy Having been unaware of Clearwater Public Library's policy to enable minors to borrow R-rated videos 1 would like to see the library i.mplement'a policy which follows the guidelines established by the movie industry. (This does not imply eliminating the video section or the R-rated videos.) /0 C? Library Video Polic Having been unaware of Clearwater Public Library's policy to enable minors to borrow R-rated videos Y would like to see the library implement a policy which follows the guidelines established by the movie industry. (This does not imply eliminating the video section or the R-rated videos.) Address Si nat re I I/ If / F F140 cI ,30-) ft ifsZZ. d2olu/=1 lf,? ?LYF:t-'.1?r; 3 l1 l 7 1 , 3a oa W IZI7 o ?v? L t cYe?' b C ?C U? ^ `I c 2 7. L 2 Cl? 1, 3 4?UZ/ r; t/lJ?tefirt? .f, /7..1,7 Y', ? I .? . , S? ?r Libtar Video Polic TM'hUq,*bevi' VnaVaTa of CIoar.water...P.ublic Library's policy to enable •mjhors to '.borrow R'=rated -vteos T' would "• lke to see the library--tin.Ivrweiiltl-:a':-policy which follows the •guift-iines established by the movle',-Industry. (Tbl s"does •not imply eliminating th6 Video section or `!R?rated videos.) L 6c c?: C r, js LibrarY_video Policy Having been unaware of Clearwater Public Library's policy' to Waab1a 'minors to borrow R-rated videos X would liKe to aee the library imPlement a policy which follows the guidelines eota?blished by the movie indogtry. (This does not imply eliminating the video section or the R-ratsd video&,) d d-rn t,1? a 3 53 Laxu ko e C." 9j, i7`? G- h ?n 11 W-, 4 •e 6 S 71 R YAY&e,,)- Le/42S.A. -, qL412- ??'6LFWQO(--) ?VC RL? l -s 1 MC '79M 0 ,n Lj • r } r 1 (ctC ?"Y? ?i4- {? 1 t ?. t ??1,L LIT (A o a"V t rv 1 .-3 -0a, 1, Q 1.. ? rl..,./-] .r+ r ??1 Library Video Polic Having been unavare of Clearwater Public Library's Policy to enable minors to borrow R-rated videos x would like to see the library implement a policy which follows the guidelines established by the movie industry. (This does not imply eliminating the video section or the R-rated videos.) K-(} '{ me _ Address 5 na re v r.??/UrI* ?a r r?- 5D7 to *14 C. rr: G ?J ?l1lt6 t /il .J ?. ??o?, 11 r1?1 [?1Y`l i2 ?c??? N,tlfzrC, 1r ??f Ltd (^ fri I A(v aOY, _Library Video Policy Having been unaware of Clearw?-ter Public Library's policy to enable minorb to borrow R--ratred videgs r •would like to see the libr irr impletmeht'.'a policy, which foliows the guidelines established by the ovie''tndustry. (Thfs does not imply eliminating the video section or the R-rated videos.) ,o • `, Library-Video Folic 139 J. Fr Having been unaware of Clearwater Public Library's policy to enable minors to borrow R-rated videos Z would like to see the library implement a policy which follows the-guidelines established by the movie industry. Name Address Signature C? F -- -;R Mo 7r)GU C7 N Z??c MC M0001 3 6 4z Y E Z-7 0 )V C ;t, 1A J , ? .- G. U zj ??? T tIf s 14?m 11-7 t 319 b ?,c.6 , r sn ' r ]UIT10- c_?c 31S6 3 0.7G Aa- t r? C ,r lb t7.. C) A) 4 A, j?te.a_? e/qG- v V e r D---• 7 f? !Axle _0 Library Video---Polio Having been unavare of Clearwater Public Library}s policy to suable minors to borrow R-rated videos z would like to see the library implement a policy which follows the guidelines established by the movie industry. (This does not imply eliminating the video 4ection or the R-rated videos.) Law -I - C107 ire 7VS I t ' qO 0 Yb1? .. / ?sf j-) r4J/ 12 h t T" 4-1 C.![ 41 ' v I?7 J rO !J --V &W, 2L&zL 4 l Pd ?i t `f k??" fU 3 L-7/?2GeEZrit) .S :?-r;? AGE 3 P d -- 3 r ?6z k7k_--7 f'i ? .z?, . •? min ? r. {ufr ? ? ?, ?c, ,..L ti?? ?D_S Co rar+ 4 4 W i --? 0 1 =d??z !4k - rz? t •w...??r t • .. r.. w.••. .r •..- .. t. •w.. . w. • r i - - ? w?wrr-ti.?+tirw•w . . •.`ti•I• • • • •?w.. ? r. ?•.. .. w .••.• M . •.•rw.. .r?rrrr?wr??•rl??y Librar Video Polk Hsvinq been unaware of Clearwater PLUb1iC Library's policy to enable minors to borrow R-rated videos I would like to sire the library implement a policy which follows the guidelines established by the movie industry. (This does not imply eliminating the video section or the R-rated videos.) r / 42 -2: 3 ? r tee` I..fc.CH'7 ?• A dre e Sion I m • P Clearwater City Commission Item: Agenda Cover Memorandum f? Meetin Date: .. ?f SUBJECT: • Petition for Annexation and Zoning Atlas Amendment for a portion of land adjacent to the City Countryside Recreation Center; Owner; Florida Power (A96-26) RECOMMENDATIONIMOTION; e Approve the Petition for Annexation and Zoning Atlas Amendment to Public/Semi-Public (P/SP) for a portion of M & B 22-02, lying in Section 29-28-16 and pass Ordinances NO. 6096-96 and 6097-96 on first reading. ® and that the appropriate officials be authorized to execute same. SUMMARY: PROPOSED ZONING AND FUTURE LAND USE PROPOSED ZONING DISTRICT Public/Semi-Public (P/SP) PROPOSED FUTURE LAND USE CLASSIFICATION Not applicable REASON FOR REQUEST To allow the City to utilize this portion of the parcel corridor as a parking lot for the new Countryside Recreation Park. ASSESSED VALUE OF SUBJECT PROPERTY $ 53,800.00 for the entire corridor (10.55 acres) Pertinent information concerning the request is summarized in the tables on page 2. Reviewed by: Lugel >f`. Budget Purchasing Risk Mgmt. is ACM.'; Other City nap Originntinq Department: Costs: User Department,: " Advertised: `fiapan' ,IAMB rR16UN? `. CI Not Required Affected Parties 0 Notified O Not Required Total Current Fiscal Year Commission Action: 13 Approved 0 Approved with Conditions 13 Denied CI Continuod to: Funding Source: O Capital Improvement: Operating: D Attachments: Other. ORDINANCES NO. 6096-90 & 6097.96 Appropriation Code APPLICATION fa None Printed on recycled paper me A 96-26 Page 2 EXISTING ZONING AND FUTURE LAND USE OF APPLICANT'S AND SURROUNDING PROPERTIES LOCATION IN CITY OR COUNTY FUTURE LAND USE PLAN CATEGORY ZONING ACTUAL USE Subject Property County Transportation Utility A-E Parking lot North Count Transportation Utilit A-E Florida Power R-O-W South Count Trans ortation Utility A-E Florida Power R-O-W East City Transportation Utility OS/R Countryside Community Recreation Center West Count Transportation Utility_ A-E Agricultural Estate Residential ZONING RESTRICTIONS DESCRIPTION EXISTING Lot Area 167.270 s q. ft. m.o.l. Lot Width at set back line ::.100114eet.6*i1i urn° .:::.<<: 175 feet Depth ' ,'i;00;>fee#S ruin mu" NIA toor Area Ratio 07 " N/A • The Planning and Zoning Board held a public hearing on this application on October 1, 1996 attar which they unanimously endorsed the proposed Annexation and Zoning Atlas Amendment to Public /Semi-Public (P/SP) to the City Commission. OTHER REQUIRED REVIEWS AGENCY YES NO Pinellas Planning Council/Count wide Planning Authority X Florida Department of Communist Affairs X • BB VIA A-E = Agricultural Estate Residential District (County), OS/R = Open Space Recreation District (City); P/SP = Public/Semi-Public District(City) & R-O-W = Right-of-way. CC A9626 (2) AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ADJACENT TO THE CITY COUNTRYSIDE COMMUNITY PARK, CONSISTING OF A PORTION OF M&B 22-02, LYING IN SECTION 29, TOWNSHIP 28S, RANGE 16E, 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: i5radgnA. The following-described property is hereby annexed Into the City of Clearwater and the boundary lines of the City are redefined accordingly: See Exhibit B attached. (A96-26) Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Commission hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Central Permitting Director are directed to include and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Cleric shall file certified copies of this ordinance, including the map attached hereto, with the Cleric of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Rita Garvey Mayor-Commissioner Approved as to form and Attest: legal sufficiency: Leslie K. Dougall-Sides Cynthia E. Goudeau Assistant City Attorney City Clerk Ordinarxe No. 6096.96 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ADJACENT TO THE CITY COUNTRYSIDE COMMUNITY PARK, CONSISTING OF PORTION OF M&B 22-02, LYING IN SECTION 29, TOWNSHIP 28S, RANGE 16E, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS PUBLIC/SEMI-PUBLIC (P/SP); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning district classification as set forth In this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, Is hereby zoned as Indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is amended, as follows: See Exhibit A attached. (A96-26) Eectign 2. The Central Permitting Director is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. ,gectigp 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 6096-96. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form and legal ufficiency: Leslie K. Dougall- ide Assistant City Attorney Attest: P/SP - Public/Semi-Public Rita Garvey Mayor-Commissioner Cynthia E. Goudeau City Clerk Document No. 6097.06 w EXHIBIT "A" :* 1 f •+ 1 ,L 'r G]?j7 l+j ?,? -35gtii5 - PROPOSED ANNEXATION AND ZONING OWNER: Florida Power A: 96.26 PROPERTY DESCRIPTION: A portion of M & B 22.02, lying in section 29.28-16 LAND USE PLAN ZONING COUNTY: Transportation Utility AE CITY: Transportation Utility P. SP ACRES: 3.3•' RIGHT-of-WAY: ACRES: ATLAS PAGE: 211A i SEC: 29 TWP: 28 S RGE: 16 E PLANNING AND ZONING BOARD October 1, 1996 CITY COMMISSION October 17, 1996 LUB_ ,oust oR S. 1 11 - rnne if LEGAL DESCRIPTION Commence at the Northwest Comer of Section 29, Township 28 South, Range 16 East; thence N. 89°45'34" E, 208.00 feet along North line of said Section 29; thence S 00°02'06 W, 595.80 feet, r along the East line of a Florida Power Corporation Right-of-Way to the Point of Beginning; thence S. 00°02'063 W, 955.00 feet along said Florida Power Corporation Right-of-Way line; thence N 90'00'00" W, 175.00 feet to a point on a line lying 33.00 feet East of and parallel to the forty acre -, . line; thence N 00°02'06' E, 955.00 feet along said line and the West line of a 175.00 foot wide Florida Power Corporation Right-of-Way, thence S 90°00'00' E. 175.00 feet to the Point, of Beginning. EXHIBIT B . i f i Ordinance No. 6096.96 PETITION FOR ANNEXATION City Commission City of Clearwater P.O. Box 4748 Clearwater, FL 34618 Commissioners; At the request of the City of Clearwater, and owing to parking requirements for the Countryside Recreation Center, to be provided by agreement between the City of Clearwater and Florida Power Corporation, 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 petition 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. Attached hereto is a current survey of the described property, (if it is unplatted), together with a certificate of title company, a copy of the deed or a letter from a licensed attorney setting forth the names of all persons, firms or corporations owning any interest in the described property. 17he undersigned have been advised of, understand and in consideration of annexation, utility services, and other good and valuable consideration, do hereby agree and covenant that all structures and improvements which are erected upon said property subsequent to the date of this petition for annexation shall comply with all applicable City of Clearwater regulations and ordinances as set forth in the City Code of Ordinances. We, the undersigned hereby certify that we have read and examined all of the statements and allegations in the foregoing Petition including attachments, and after being duly sworn, deposed and say that such statements are correct, complete, and true and voluntarily made with full oIV a thereof, State of Florida 00 /0' County of Pinellas ??.. Lrgat r'an , AP r•n v -to) Subscribed and sworn to me this ?? day of, 199 S' ??CY .I. ?3 ltttitt5ttttwttttttttttttttttttttttyttttttttttttttit C9ei r My Commission Expire Mary Lou Parker Notary P Nowy Public, Ssa+e or FloriJa 11 Cummin Ion No. CC i 14173 t cr na my Comm11:ioo Expim 0112W00 ? 1 •uar•h+orurr. MN@Uq .?oea?eh ? dMitiar - Fonda Power AnnexAti arrarrtttrurrrrrrKer?rrtrrrrr?u?r?rrrrrrr? OCT- 09-1996 OB = 47 FROM PLAM I NG a DEUELOPt-LENT TO CPy TDB FAX M. FROM: DAM MESSAGE: FAX AI AGE C1'1'K OF OLEARWAMM DEPART.N0 OF CENTRAL NxUN1CR'AL MVICES BU""m 100 S. MYRTLE AVE. F.O. SOX 4748 CLEARWATE Rt FL 34618 4748 OMCE PHONE • (813) 50.4567 FAX PONE - (813) 594S76 CITY CLERK P.01 cry 6??c. Betty DgftWCyrxUc Cmdeau Mamger/Cleark ScM Shuford 10/9/96 Ream Wilson advises that the FI. Power lease for the Countryside Rec Center parking requires us to pay saks tax, not tax, FYI. CC: R= wilm M MBER OF PAGES QNCLUDING THIS PAGE): Z 3 TOTAL. P.01 , • Clearwater City Commission Item a: e-5 Agenda Cover Memorandum Meeting Date: ' t SUBJECT: Evaluation and Appraisal Report of the Clearwater Comprehensive Plan _ RECOMNMNDATIONIMOTION: Approve the Evaluation and Appraisal Report and Adopt Resolution No. 96-69 191 and that the a ro riate officials be authorized to execute same. SUMMARY: Central Permitting staff has completed the state mandated Evaluation and Appraisal Report (EAR) of the City's Comprehensive Plan, which was adopted November 16, 1989. Florida law requires all local governments to evaluate their respective Comprehensive Plans periodically and submit their findings to the Department of Community Affairs (DCA) for a Sufficiency Review. Essentially, the EAR process measures the effectiveness of the Plan by measuring its strengths and weaknesses of the City's adopted Comprehensive Plan. The City's EAR has been prepared with extensive citizen participation, primarily from the Commission appointed Citizen Task Force groups established June 15, 1995 (see attached Citizen Participation Plan). REVIEW PROCESS The DCA requires the final EAR to be adopted within 90 days from the date of receipt by the DCA (July 22, 1996). Central Permitting staff has responded to the comments and concerns of the DCA accordingly (attached). At its meeting of July 16, 1996, the Local Planning Agency endorsed the adoption of the EAR document by the City Commission. reviewed by: Originating Department: Costs: Commission Action: Legal Central Permltting ? Approved Budget NA 1 ?5 Total ? Approved wlConditions Purchasing NA User Department: 17 Denied Risk Mgmt. NA Central Permitting Current Fiscal Year ? Continued to: Is NA Funding Source: ACM ? capital ImprpwmeM: Other Advertised: ? Operating: Date: 13 Attachments: Other; Paper: Executive Summary Submitted by. 0 Not Required Appropriation Code DCA Comments Affected Parties: Staff Responst Resolution No. 96-69 Citizen Participation Plan 121 Notified ? None CI Man g•r E3 Not Required 0 Printed on recycled paper Interoffice Correspondence Sheet To: City Commissioners From Betty Deptula, City Manager CC: Kathy S. Rice, Deputy City Manager . Scott Shuford, Central Permitting Director Sandra Glatthorn, Planning Administrator Louis R. Hilton, Senior Planner Date: October 9, 1996 RE: Executive Summary of the Evaluation and Appraisal Report I am submitting to you an Executive Summary of Clearwater's Evaluation and Appraisal Report (EAR), The Summary briefly outlines the essence of the EAR Report which is scheduled before you for adoption by Resolution No.96-69 at the next regularly scheduled meeting, Thursday, October 17, 1996' Central Permitting Director Scott Shuford and Senior Planner Lou Hilton of his staff will be attending the October 14s' work session to further explain the process and answer any questions you may have. Arh a. r ;f t Executive Summary City of Clearwater's Evaluation and Appraisal Report The Evaluation and Appraisal Report is mandated by Chapter 163, F.S. and Rule 9J-5 Florida Administrative Code (FAC). The law and associated rules require all local governments to periodically measure the strengths and weaknesses of their adopted Comprehensive Plans, and base recommendations for any required Plan amendments on the findings of the evaluation. Clearwater's existing Comprehensive Plan was adopted November 16, 1989. Overall, Clearwater's Plan was very successful in providing base-line data and analysis by which effective goals, objectives and policies were formulated. The Comprehensive Pian "earmarks" plan objectives with capital improvement funding sources which are directly associated with levels of service. Clearwater's Comprehensive Plan led to the adoption of many important ordinances and land development regulations designed to assist in the orderly growth and management of Clearwater. Citizen Participation State law requires public participation in the Evaluation and Appraisal Report process. Clearwater exceeded the public participation requirement by forming Commission appointed Citizen Task Force Comnuttees for each of the elements. Several meetings were held with each Task Force Group, with considerable input being received. Step 1. Assembling the Baseline Data The Evaluation and Appraisal Report (EAR) begins with a summary of the data and analysis describing baseline conditions in the community as presented within each of the elements included in the Plan. Below is a list of the elements included in Clearwater's Comprehensive Plan. • Future Land Use Plan Element • Traffic Circulation Element • Mass Transit Element • Aviation Element • Housing Element • Sanitary Sewer Sub-Element • Solid Waste Sub-Element • Drainage Sub-Element • Potable Water and Natural Groundwater Aquifer Recharge Areas Element • Coastal Zone Management Element • Conservation Element • Recreation/Open Space Element • Intergovernmental Coordination Element • Capital Improvement Element Step 2. Evaluating the Achievement of Objectives The second step in the EAR process is to compare the plan's objectives with the current conditions and results as of the date of the EAR in order to determine whether or not the targets established in the objectives have been met. This comparison may reveal the need to update the objectives. This has been the case in the Clearwater Comprehensive Plan where some needed changes have been identified, especially in the Future Land Use and Conservation Elements. Most-of these changes were necessitated by either change in policy direction (e.g., a new focus on economic development and sustainability), or the City having already met the goals, objectives or policies. Step 3. Analysis. The third step in the EAR process builds upon the data collected in Steps 1 and 2 by analyzing why certain objectives may not have been achieved during the plan implementation period and investigating the major development trends and conditions within the community. Step 4. Identification of Future Action The fourth step in the EAR process is to identify the types of plan amendments needed to implement the conclusions of the evaluation and appraisal of the comprehensive plan. Staff and the Citizen Task Force Committees have identified a number of these amendments and staff is working to bring these changes to public hearing. We will be bringing a substantially revised Comprehensive Plan to the Commission and Local Planning Agency (Planning and Zoning Board) for consideration in 1997. Step 5. Anticipated Amendments The fifth and final step in the EAR process is to identify the types of plan amendments needed to implement the conclusions of the evaluation and appraisal of the comprehensive plan. Central Permitting staff will be begin public hearings on the proposed amendments before the Local Planning Agency and the City Commission within the next year. State grant funding is anticipated to assist local governments in preparing the amendments to the plan. 2 f STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS EMERGENCY MANAGEMENT s HOUSING AND COMMUNITY DEVELOPMENT + RESOURCE PLANNING AND MANAGEMENT LAWTON CHILES JAMES F, MV4LEY cm tress lsat47 September 3, 1996 Honorable Rita Garrey, Mayor City of Clearwater P.O. Box 4748 Clearwater, Florida 34618-4748 RE: City of Clearwater Proposed Evaluation and Appraisal Report bear Mayor Garvey: On July 22, 1496, the Department received the City of Clearwater's proposed Evaluation and Appraisal Report (EAR). 11c Department has completed a review of the proposed report and has enclosed comments and recommendations for your considemdon. The City's EAR has made progress in evaluating the comprehensive plan (Plan) as part of the EAR. process, However, the report should be revised to address major issues identified by the Department in the attached review comments. This well help to ensure ftt the report sufficiently addresses the requirements of Chapter 163.3191, F.S., and Rule 9J-5.0053, F.A.C. Major issues identified by the Department include: Incomplete summary of the condition of each element at the time of Plan adoption, and incomplete summary of the condition of each element, based on the best available data, at the time ofthe submittal of tho EAR; incomplete ax2aiysis regarding the effect on the Plan of statutory and rule changes, and the consideration of amendments to address these changes; insufficient evaluation of Plen objectives based on measurable standards, and (lie lack of plans to address the need for m surable standards in the adopted objectives and policies; the lack of a aoncurrency management system in the Plan; and insufficient. analysis of proposed development and rcdevelopment based on recommendations by the 1or.111 gave niments contained in hazard mltlgatlon repolu. The attached review continents have been discussed with City staff, and the Department is ready to meet with you to further discuss these issues and provide any assistance you may want. Please note that a formal sufficiency determination was not conducted at this time, but will be done after the EAR is adopted by the City. However, some of the review continents, if riot sufficiently addressed in the adopted report, may become sufficiency issues. 2553 SHUMARD OAK 9OULEVAIRD a TALLAHASSEE, FLORIDA 32399.2100 F10WA KM AREAOF C%1V1$1A14 C0NC1k4 soup{ ItORa3M 11COAD OfnCE QHN SwtiNp MEA OF CRIt" STAlt CONCERN FE1001FK1 P.O 801 4W Fftoo(na 11SbO?t?urr2fTfxq 5a+r21? EtaON.W.361h %" ISSEig kamil Maroho+r,nor& 3)DSa2222 K-4--%.ftid3 MA-021 Uow,Ikrida 33E1Q l Mayor Rita Darvey September.3, 1996 Page Two . If yoVhavo any questions please do not hesitate to call Marina Pennington, Conununity Program Administrator, or Carol Collins, Planner IV, at (904) 4874545. We look forward to working with you and your staff throughout the evaluation and appraisal process. Sincerely, !. Thomas Seek, Chief Bureau of Local Planning J'1'B/cc Enclosure cc: Ms, Julia Greene, Pxecutivc Director, Tampa Bay Regional Planning Council W.. Alan Fern, Econon le Development Director, City of Clearwater Mr, Scott Shuford, Director of the Clearwater Department of Central Permitting 1 i Y DEPARTMENT OF COMMUNITY AFFAIRS REVIEW COMMENTS CLEARWATER PROPOSER EVALUATION AND APPRAISAL REPORT September 3, 1996 The City of Clcarwater's as received by the Department on July 22, 1996. The Department has complete a -review of the proposed report and is providing the following comments. Please note that a sufficiency deter ipation has not been conducted in this review since this is a proposed EAR. Some of the enclosed review comments may be raised as sufficiency issues when the adopted EAR is reviewed ifpicy are not ttdtguately addressed. Also, additional issues not previously reviewed by the Department may, bo raised as the report is revised to address the Department's comments, . A. Gtneral Comments 1. The EAR only compares in general terms selected issues regarding the condition of each element at the time of adoption of the original Plan with the condition at the time of EAR preparation. This is inadequate because it does not include a complete summary of the condition of each element at the time of plan adoption, and the condition at the time of preparation of the EAR as requbvd. This information is needed to provide the data base upon which a good evaluation and asessment of the, objectives and accomplishments of the plan can be conducted and from which new and revised objectives and policies can be formulated to support the conclusions In the report. $,z.mwcndalj,= Revise the EAR to include a summary description of the condition of each element at the time of adoption based on information in the adopted Plan, Additional kforawflon which may have been available st the time of adoption but has not been used in preparing the Plea could be Included. Also include a summary description of the oondition of ea& oloment at tbo time of preparation of the EAR based on the best Available data. jb? EAR needy to describe owerit conditions with respect to the Rule Chapter 9J-5, F.A.C., requireemouts which were addressed in the original plan and for rule requiramonts that were not includes[ in tho plan, but for which new data and analysis Uz available. For the FLUE and for tach element; include'analyt od comparison of the two periods to indicate changes that occurred with respect to a particular subject matter or issue, comparing the actual current development and conditions to the projections made in the adopted Plan. 2. The proposed EAR anticipates In some elements changes to the plan to address recent statutory and rule changes, however, not all statutory and rules changes have been addresscd, nor has an analysis of the effect of these changes on the Plan been completed, One example is the thew Rule 9J-5.005(6) requirement that Plan goals, objectives, and policies (GOPs), "shad] Comments, Clearwater Proposed EAR establish mcaningfW and predictable standards for the use and development of 16d % It does not appear in tha EAR that tho City anticipates changes to objectives to include mmasurable standards where appropriate, as discussed below. It is not clear that the EAR-basted amendments will Include changes to address all oftlm statutory and rule changes made since adoption of the Plan, 'as required by Chapter 163.3191(2xe), (f), and (g), Florida Statutes, mss; Complete the analysis in the 1?6,R.to detwninc the cf;J'cct of all statutory and rule chtmges on the adopted Plan, and to Identify the actions and amendments to the Plan that are paeded to address new statutory and rule requirements. 3. The assessment of most objectives is not based on measurable standards. The determination that an objective has been achieved often relies on the adoption of LDRs and the "standards within the MRs". Therefore, the actual realization of the goals and objectives of the Plato has not been determined because an evaluation and appraisal based on measurable standards to meet the EAR nwuniutn criteria of Rule 9J•5.0053(6)(a)3, F.A.C. has not been done: Rule 9J- 5.003(86), F.A.C., defines objective as a "specific, measurable intermediate end that is achievable and marks progress toward a goal". By this definition, the rule assumes that each objective is specific and measurable. The City has frequently used implementing policies or the subsequent adoption of LDRs to provide specificity and measurability for an objective. In some cases, however, there is no measurability. The Plan needs to be assessed to detennine which objectives need amendment to include measurable standards. Rs m ndatom the EAR needs to evaluate each objective based on specific, measurable targets. If the objective and/or the policies do not provide measurable targets, and there is a rational lank to measurable standards, that is an indicator that the EAR should recommend that the plan be revised in order to provido specificity and measurability for tbat objective. In order to meet new 91-5.0050 role requirements, the EAR needs to recommeud, and the EAR-bid amendments need to establish, meatumgH and predictable standards In the objectives which lack them, when appropriate. 4. The comprehensive plan (Plan) does not Include a concusrency management system (CMS), and the City relies on adopted land development reguladons (LDRs) to ensure concurrency requimA by Future Land Use Element (FLUE) objective 4. 1. Discussion in the Capital Improvements Element (CIE) notes that the City adopted a CMS system with established Level of Service (LOS) standards, and indicates that there have been no statutory of rule changes that would impact this element. The EAR does not sufficiently address the new CMS roquimment. dl= The existing Plan should be reviewed against the requirements of Rule 91- 5.0055, F:A.C., for a CMS which each local government shall adopt, p,% a r&mwncnt of the omprcbmiyo plaq, objectives, policies and standards. The new CMS Rule requires the CIE to set forth a Maeneially faasibtc plan which demonstrates that the adopted LOS standards wiJJ be Comments, Clearwater Proposed EAR. 2 achieved and maintained, The LOS standards must be included in the Plan. The plan should provide a level of detail regarding the Implementation of a CMS that is sufficient to establish policy direction to meet the minimum requirement specified in Rulc 91-5-0055, F.A.C., such as how concurrency will be monitored, when tho test for coneurrency N01 be appli4 how the reservation of capacity (if any) will be addressed, and how vested lands will be treated under the CMS. The specific CMS procedures or implementation processes need not be psxt of the plan and can be included In the LDRs. For example, specific application requirements would be best placed in the LDRs. 5, The proposed EAR does not sufficiently analyze proposed development and redevelopment based on recommendations by the local governments contained in hazard mitigation reports, or propose objectives eliminating or reducing land uses that are Inconsistent with hazard mitigation report recommendations. $emmmendWgll: Hazard mitigation policies should providd the foundation for the City's redmlopment strategy, the use ofGurrent codes and rules; and tho relocation of land uses whcro appropriate. The EAR should analyze development and redevelopment and the allminatioa or reduction of land uses that are Inconsistent with the hazard witigation report, The adoption of a post disaster redevelopment plan should be identified as a needed action an&or andelpated, anenduawL B. Comments By Element 1. EutyrgLand sf,, Element The land use element analysis is incomplete. No comparison of conditions at the time of adoption (including relevant maps and data from the adopted plan) to conditions at the time of the EAR (including the best available current data, maps, etc) has been included. An updated Existing Land Use Map has been submittcd separately, but is not Included in the proposed EAR, and should be included in the adopted EAR. The FLUE contains only a summary in general terms of areas neglected In tho Plan (with emphasis on redevelopment), together with a %num ry in general terms of areas to be addressed by the EAR-based amendments, and an objectives matrix. The evaluation of the achievement of objectives is not based on measurable standards, for exAmple, Objective 1.2, "Any jurisdictional wetlands and areas classified as beach dunes, swamp, marsh, streams, creeks, 100-year flood plains or lakes shall not be pcrnutted for structural development or land alteration, unless acceptable mitigation plans are approved (the Plan requires not less than 1;1 ratio of mitigation land)," was assessed as follows: Cornmcots, Clearwater Proposed EAR 3 Measurable Target: "development activities in specified areas" Conditions at the tinie oforiginal Plan; "Structural development or laod alteration not allowed without acceptable mitigation" Current Conditions: "No Change". No measure of the specified wetlands areas at the time of Plan adoption, or laformation about the subsequent amount of development/alteration (arid mitigation areas) affecting the specified wetlands, was presented and compared to a curremt measure of the specified wetlands, The FLUE does not address recent statutory and rule changes. For example, Objective 1.2 above does not meet the new Rule 9J-5,013 requirement for policies to protect and conserve wetlands through a comprehensive planning process based on supporting data and analysis, nor do objectives in the Conservation element satisfy the new requirement. Ober recent rule changes that have not been addressed in the FLUE include new mapping requirements for coastal high hazard areas (based on the new definition); maps of public potable waterwells and wellhead protection areas (drainage sub-element includes a map), and transportation concurrency management areas (if any); analysis of the need for, and maps of, dredge and spoil sites; analysis of development and redevelopment based on hazard midgatlon reports; new objectives to coordinate land uses with hazard mitigation reports, and to ensure dredge and spoil disposal sites; new Polley requiremonts to protect weiilields by designating appropriate land uses within wellhead protection areas, and to designate dredge and spoil disposal sites; and revised requirements for mixed land uses to include percentage distribution of the mix and density and intensity of each usc, The EAR Indicates that a Transportation Element has been started, but does not say when completion and adoption is anticipated. A now Transportation element is required to be included as part of the EAR based Amendments. The EAR anticipates that all goals, objectives, and polleles 'wili be replaced "as part of the plan amendment process." This new multi-modal transportation (and the new GOPs) will be reviewed for consistency with the requirements of Chapter 163.3177(6)6), •F.S., and Rule 91-5,019, F.A.C. no proposed EAR utilized the Housing Needs Assessinent from the City's Economic Development Department. It is unclear whether any'lnfomiation has been or will be obtained Eom the Shlmberg Center at the University of Florida, the source of the affordable housing needs assessment provided through the Department and referenced In Chapter 163.3177(6)(f)2, F.S. If the Shimberg data Is available, it should be used, In addition to the aforementioned information, at tva time of the EAR-based amendments, Comments, Clearwater Proposed EAR 4 No discussion is included of recent rule changes, the effect of them on the Plan, and amendments that will be needed, Rulc changes include an expanded purpose of the Housing element; the requirement to use the affordable housing needs assessment (Shimbcrg data) provided by the Department through the University of Florida; revised emphasis for provision of housing and infi-mtxucture; revised GOPs requirements to address very low income families In provision and distribution of housing; specific programs to streamline permitting; criteria to guide location of housing types; new policies to utilize job training, Interlocal agreements, and to designate in the City sufficient sites at sufficient densities to accommodate the need for affordable housing over the planning timeframe. objectives need revlslon pursuant to recent rule changes, and need to address very low income families and the specific facilities and groups contained in the recently expanded purpose within Rule 9J-5.010, F.A.C. Page 30 and 31 are stated to be recommendations for revision of cash of the housing objectives in the Plan, however the objectives do not reflect any p1mu for amendment. Sanitary Sewer Sub-element No planning issues were ldcatiW. Septic tanks are in use in a number of areas, some in areas of severe soils limitation. No amendments arc described to update the Plan except a statement that policies will be updated. Solid Waste Sub-element No punning issues were identified, The EAR noted that the "GOPs need to be updated". Drsilnsage Sub-clement No planning issues were identified. SigrOicant dr6mgc problems were noted at the time of Plan adoption. Pinellas County romtly completed a Master Drainage Plan which included the City. Drainage basin maps are included. Map 11-2. Topography of Clearwater, is missing from page 5, and should be included In the EAR if available. The EAR states that the City has adopted incorporated water quality standards for stormwater discharge, however it Is not elox whether the Elan includes the standards, which is requimd by Rule 9J-5.011. This element did not discuss amendments to address Rule changes. Comments, Clearwater Proposad EAR 5 44 bte W4 tor end Na h. ralGroundw a1 I?a exocutive m R10' .4 4 f'er , e0mprehenslve ater'states that the info Metion lindelafi ?ccbarge ? ox? Pori an supply and crea in th,'s sub-c! it exaw natlo went report Cmerat as merat as a eafl4a 0 n 0f 1hepresen j an evaluation o ?mblrred rn:vjc 2010. previous rccemmenda ` t t"aC11it2?CS f? suhse4 need ten year fe ion Of a UWt~VBx the lrr Sto eet 'Potablpe'alcwaterne sad com(riu , ' and an upcte , an me info m review 6anized in a rnamer °f d'rOuBh the Year in the E d sofon1,ronmisa?tianottl aor that clarif;d cd the . FOr exam Ie t Pars to contradict infannatr'oa parts °fthe that the City's was Ewatcr Eatment es (in the section on Present op onswh 24) ergeG '4)t hat t tom to advanced plants are being studied totdeternVne use eat s adffig s page water treatment (4 of Sewer objectives matrix in the EA ? Plants, w • the means ft indicates that three wastewater facilities havef acc $?t AW7'. amplished Cv s 1 Conditions at the fume of the adopted Plan and current conditions are minimally described in combination in Iess than one-half Page. No issues, or anticipated amendments arc described, and the only problem stated is the inability to receive state beach renourishment funding. A Final Draft of a Coastal Zone Study dated 19$7 comprises an appendix, and rccommends modifications to the existing Land Use Plan to atccomodate postAisaster redevelopment policies which should preclude reintroduction of mobile home parks In the coastal zone; preclude the introduction of certain land uses; provide for transfer of density for redevelopment of those usts to be re-established in the CI-HA so that redeveloped density not exceed the permitted density of tlaa Land Use plan in the CHRA, Ilia aforementioned Study includes at definition of the CHHA that dace not reflect tho new defindon, and Contains additional reeommonded policy provisions. The EAR does not review progress in meeting the recommendation in the study, and does not indicate any plans to coordinate land uses with haurrd mitigation reports in order to meet new Rule 91.5 requirements. Tlnc only statutory or rules changes mentioned is the new requirement to include the countywide marina siting plan (there is name). ?hc EAR oeeds to address Statutory and Rules changes and suggest amendments to the Plan where needed. Amendments are needed to reflect the new definition of the Coastal High Hazard Area (CHHA). Othcr Rule changes concern the inventory of existing uses, analysis of the effect of land use and the impacts of development in coastal plug areas; policy to address post disaster redevelopment during tho EAR proccSs,, and the relocation, tnitigattion, or replacement of infrastructure in the Coastal High Hazard Area (CHHA). Objective 19.2 requires revision to reflect the new CHHA definition (among others), Map 12-1 (dated 1966 and 1987), reflects evacuation zones that arc similar to the 1995 TBRPC Evacuation A zone (for Category 1 storm), however, a current map of the ClikiA to reflect the ntw definition of the CHRA and clearly Comnneuts, Clearwater Proposed EAR 6 labeled and referencing the definition and the source and meaning of the zones presented, should be included in the EAR. The EAR does not sufficiently analyze proposed development and redevelopment based on recommendations by the local governments contained in hazard mitigation reports, or propose objeetives eliminating or reducing land uses that are inconsistent with hazard mitigation report recommendations, 6. Conaervation Element The EAR does not sufficiently compare the condition of the element at the time of Plan adoption to current conditions, although many pages of information are Included, Including an Informative Surface Water Quality Monitoring Report (dated 1995). A Table (Table 2, pp. 42-43) is Included to compare ecosystem acreages In 1985 to acreages in 1995, however Table 2 is not complete, and discrepancies exist regarding the acreages stated on page 41 for Monocultures and on page 39 for hardwood forests and the acreages reflected in Table 11. I Statutory and Rule changes are not addressed, New requirements for comprehensive planning to protect wetlands, and for protection of water quantitiy and quality through restriction of activities and land use in arras of natural groundwater recharge, wellhead protection arras, and surface waters used as a source of public water supply need to be considered, and their impact on the Plan. 't'he wetlands protection policies In the adopted plan do not meet the new Rule 9J-5.013(3) requirements to protect and conserve wetlands, and do not link wetlands protection to specific land uses appropriate on land adjacent to wetlands. Rules changes include revised requirements to identify and analyze groundwaters, and important fish and shellfish communities. No comment. . •?...III1?SlY?t?I??IS9stl?tlR#lon lplcme? No ICE cleifient was Included. Q.,,?"pplhrrm=mvements Elemeet s As noted earlier, the Plan does not contain a CMS, A. 1996-97 Capital budget is included. Comments, Clearwater Proposed EAR 7 . ;C. $ua1MAry The proposed EAR has not sufficiently suann?arizod and compared conditions at the time of original Plan gdopdon to current conditions, Evaluation of objectives based on measurable standards has not boon completed. The effect on the Plan of statutory and rule changes has not beea completely analyzed. Plm to amend the plan to meet now and revised Rule requirements, and to reflect the bnportant new CHHA• definition (And other now and revised definitions) arc not sufficient. The City does not anticipate including in the plan a eoncurrency management system. The EAR does not address the need for hazard mitigation policies, which should provide the foundation for the City's redevelopment strategy, the use of current codes and rules, and the relocation of land uses where appropriate. r Comments, Clearwater Proposed EAR 8 f I C. T Y: 0. F .C L' '..E-,A'. R w.-A - Pon Omits Box 4748, C w? x; PLwDA 34618.474$' M hICIPAt S?Ir I »c UiIDING, IOO Sotm!'Mi•>;ri 4veriuryd; 6EMW?TER, Roil tki 3?61G • . r. TFLEMOONB (813) ,5424561. .. •"' 1 '••- CfrMM?bL?Pai ?A?{,?•+{i •!. •'?' . '/'.:• ' • • ,I. ' ` , •.?'• 1. • . . ' •! .h -i 1'••'• i' ?..`rt ' ` ''+• 'l?rilM+lq Ff?/ • ?. ? • ,• 1 ? ..I't:''r r ''S rl• , :',4,: •• fi ,'? ' September d, 1996 Ms. `Caro] .Cvtli:ns; Planner IV ' . ; . Florida Department ?bf Cbrnrriunity Affairs .,• , . 2555 Shumard Oaic Boulevard Tallahassee;•Fl6dda 32392-21Op•.: ` ' . ejLr Nis: Collins: 1 ; . . .i '/•; ?' .t{:'i.<[. ?:,•. ,,,• _ •. r.7 -, • • '11'..'1'x' , :, }'- ;. ' c?'-}! _':k,- ,;; .'• ARE, :;, ' Gity'of Cleaiwater Poosed Evaluation and rAppraisal Report;' •t• •[ t. .? .l}•i ? y'1 ,1 ? .•.! I f , . .` • 1?=••??'? ,4' '??f!- •'L• •{i :\ rt ,.. ' Thank,yoti f4' . 66 -tWely'review of Clearwatei;'s proposed.):valuation and Appraisal, rt a'4 St :? `Report:' ' ay?.rcv?ievy d,.yoisr°carpniepts and I have Orep r 'the a?Ac e spo?ns yr /r ?. ,!.', ,L',' t '? ?. :?•' ,•.: •:i'.. ,? 4'"t ,1. ,,; , }x'• ±:t' rAi??. :'.. .•?A !1 1 C•. •, i s• ' 4 r. r• ' ,ti' ' •, l.. t•1 ?'., .r • I JA&fi ih-th4 Qrd ?v Pudri ?y{Y? ?M ?I recetved,`hV?[1. •.?.[?•• fS' ??= t4 r,}?11,? i•'`?{!'f r•M ;•:-t ?J ?. N~ ,?' L + '.r V•.??;'1• - i' ?'' ye, ?.: ?? *E-! k'. -` ? 'r.: ?'••?.• i`*'i' L[?,7; ?r. it '.•`,",?5r ,i••??'.r ?? 1,li.j -.r?•?. 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J? • !: Z'tT'?J7?.'v3T 5,.,?n • •.•f,; r. t?J'. `! r., 'r,?,'?.•t• _ .r 'L?"'?Kti?:t?'rw••••'?l.i. ?rnf. -/y,?••.) r• s'.?,atJi.1•.?t?.a;Z..??-•?`^_ "1,3;!PS•??'r 1?".e Arrl?vi•;r^.1, ' •?•r Y?^:'?t??y"{',? 'i: i?.`;?i .?":?-',`?L- .r•?:r•?.t .?,?? .'t., ?:.,?(,,• `,f .,L: '.. '. =..?t?'i.7.?rt'r+?.ti'. :?T? tiP•rr~t, t,•1 ?.rr4?iiif?,i+„Ij; ,••'.. ?•'yf t`.r. .?. ..L.3% .'7?t?r? 'e. °,t,: 1.. .,, .1, t 'r ''~' '??`. '1?u1•.. •?ifC?.^,'=:?A. S+•?S:L?"? •"I'h? ?:'at •h 4*' :4?E','r +l?,?"'r. ? ' ?S?tlCereY r = ? ?,,? ' •. ? ? . :? .S• ? •,:i?;• 1. r. • t r . ;. ..° r'»r h' ? t' rt.>Ir., ?. .r`tr'. •?t '31. ?1???. r r.a y.. .,.•,'J i«,• ,••. r 'je t irk•. F,.? a.?'.T'. ;,,•':L?'?I? '•t1?'C? ?••• , ?,?.? ,iw, f •`s• '?)r• ''f ??.% •?i ??•?':?r{•. ?. • ,.••Y• .If ry, ti. ?? „ t!'• r44;,•}.-. ?yAlrL t!'!•I?t Scott Shuford,.- Central Pertnittilig Director Arh CC; Elizabeth M. Deptula, City Manager S dra Glatthorn, Planning Administrator /toms R. Hilton, Senior Planner FIRST RESPONSE TO DCA REVIEW COMMENTS - SEPTEMBER 6, 1996 1. GENERAL COMMENTS a) Each element is provided with the preferred matrix and a summary b) Analysis was included in the body of the report addressing all criteria 2. STATUTORY RULE CHANGES a) Each element was reviewed specifically to address the elements of 9J-5 and any changes in legislation. b) GOP's as originally adopted set meaningful standards and wherever possible and practical c) Clearwater is an existing built-out community, relatively few changes have occurred over time, and in general, the continuation of existing policies are all that is required 3. THE ASSESSMENT OF EACH OBJECTIVE WAS BASED ON MEASURABLE STANDARDS AS ADOPTED AND FOUND TO BE IN FULL COMPLIAACE BY THE DCA. a) Adoption of LDRs and implementing policies are all that is required to ensure the implementation. 4. THE CITY'S CONCURRENCY MANAGEMENT SYSTEM HAS BEEN ADOPTED AND WILL BE ADDED TO THE EAR REPORT. a) The Capital Improvements Element includes adopted Levels of Service standards. The City has maintained these standards since plan adoption, b) A Summary of the Concurrency Management System will be included in the EAR. 5. THE ORIGINAL PLAN THE CITY ADOPTED CONTAINS THE HAZARD MITIGATION POLICIES AND THE CITY HAS ADOPTED A POST DISASTER REDEVELOPMENT PLAN IN CONJUNCTION WITH PINELLAS COUNTY PLAN. NO DWELLING UNITS EXIST SEAWARD OF THE COASTAL CONSTRUCTION CONTROL LINE , AND ALL NEW CONSTRUCTION IS IN FULL COMPLIANCE WITH THE CITY AND THE STATE. 6. FUTURE LAND USE ELEMENT a) Land Use Acreage Report will be included in the EAR b) Wetlands. The same wetlands adopted and approved by DCA. are in existence today; no changes have occurred. c) Coastal High Hazard Areas. City's maps included in EAR meets all state requirements in conjunction with the FIRM Maps provided by FEMA. d) Public potable wellhead protection areas and wellhead protection areas are mapped and found on the conservation area map (pg, 9A) of the Conservation element. The City has adopted a Wellhead Protection Ordinance. e) There are no Transportation Concurrency Management areas in the City. f) The City will include an analysis and a map of its spoil sites. g) Mixed Land Uses. The City's Land Development Code provides a ratio formula for the allowance of mixed uses in both residential and non-residential zoning districts. The range of land uses are specified in the Future Land Use Element land use category section. h) City has a site plan review process in place that coordinates hazard mitigation on a site by site basis as it occurs, whether new development or redevelopment; Clearwater is a highly urban area. Land use distribution percentages will be included in the EAR. 8. TRAFFIC CIRCULATION a) Clearwater has a fully developed road network which may be enhanced in the future as funding becomes available. The City does not intend to prepare a new Transportation Element, but will submit amendments that will reflect all road improvements. b) Clearwater already has a multi-modal transportation system; small scale enhancements may be planned for and amendments will be submitted accordingly. 9. HOUSING ELEMENT a) As of this date, the Shimberg Center/DCA has not provided Clearwater with the housing needs assessment as required by statute. Once the information is provided, we will include it in the EAR. b) As required by SHIP regulations, the City has conducted a complete regulatory reduction analysis, and have adopted the recommendations of the analysis. c) The City participates in the CDBG/HOME/SHIP Programs and has adopted coordinated plans to provide affordable housing to remove dilapidated housing, rehabilitate housing, restore and redevelop low income neighborhoods in conjunction with local redevelopment efforts. d) The City is practically built-out. Clarification of the housing EAR language regarding future plan amendments will be submitted in the EAR. 10. SANITARY SEWER a) As pointed out in the EAR, the City has spent $55 million to completely upgrade its three wastewater facilities to Advanced Wastewater Treatment (AWT) standards as required by the EPA/DEP. b) There are a few isolated areas in the City that are still served by septic tanks. The City requires all new development to be hooked- up to sanitary sewer. There have been no reported problems with septic tanks in the City. c) There are no new planning issues. 11. SOLID WASTE a) The City has an efficient collection system. b) The City is a participant in the Countywide Mass-Burn disposal system with Pinellas County. c) The City has established residential curbside recycling city wide and collects some commercial recyclable materials. d) There are no new planning issues. 12. DRAINAGE a) Upon completion of the Pinellas Countywide Master Drainage Plan, the City will adopt and coordinate drainage improvements as necessary. b) Since adoption of the City's Comprehensive Plan, the City has adopted and funded a Stormwater Utility Fee to fund needed improvements identified at the time of adoption. c) The topography map is located on page 9A of the EAR, d) The City of Clearwater exceeds all Southwest Florida Water Management District requirements (SWFMD) for stormwater discharge. e) The are no new planning issues. 12. POTABLE WATER AND NATURAL GROUNDWATER RECHARGE AREAS a) The City purchases approximately 80% of its water supply from Pinellas County, b) The City participates in water conservation programs, and is using reclaimed water in many recreational areas of the City. The City plans to make reclaimed water available to residential areas incrementally to better conserve potable water. c) The City will clarify any inconsistencies that exist within this section . of the EAR. .l , Y' . 13. COASTAL MANAGEMENT a) We will research the new CHHA definition and include the required information in the EAR. We adopted all required legislation in the plan at the time of adoption. 14. CONSERVATION a) Every wetland and natural resource identified in the plan is still here today. LDRs have been adopted that have assisted in this preservation effort. b) Table 2. Will be completed to eliminate any discrepancies. c) After the adoption of the Plan, the City adopted LDRs to protect its wetlands and natural resources. 15. INTERGOVERNMENTAL COORDINATION . a) The EAR will be prepared and submitted. 16. CAPITAL IMPROVMENTS ELEMENT a) The CMS information will be included in the adopted EAR. e 5 RESOLUTION NO. 96.69 A RESOLUTION OF THE CITY OF CLEARWATER ADOPTING THE EVALUATION AND APPRAISAL REPORT OF THE CITY OF CLEARWATER COMPREHENSIVE PLAN AS REQUIRED BY FLORIDA STATUTES AND FLORIDA ADMINISTRATIVE CODE; PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 163.3191 Florida Statutes reflects the intent of the state legislature that local planning should be a continuous and ongoing process, and that as part of this process a local government should periodically assess the success or failure of its comprehensive plan to adequately address changing conditions and to provide updates to the plan to reflect changes In state policy on planning and growth management; and WHEREAS, based on this assessment, the comprehensive plan may require updating and revision in order to ensure that the plan continues to provide sufficient guidance to the local government regarding land development decisions; and WHEREAS, the City of Clearwater City Commission is required to adopt the Evaluation and Appraisal Report within ninety days from the date of receipt of the proposed Evaluation and Appraisal Report by the Clearwater Local Planning Agency; and WHEREAS, the City of Clearwater has prepared and submitted a proposed Evaluation and Appraisal Report to the Florida Department of Community Affairs for review prior to adoption; The City of Clearwater has addressed all review comments and concerns by the Department of Community Affairs; the City of Clearwater has satisfactorily responded to and incorporated said comments and concerns made by the Department of Community Affairs, and has Included the comments and concerns in the form of an addendum to the Evaluation and Appraisal Report for adoption by the City of Clearwater City Commission; and WHEREAS, upon adoption of the Clearwater Evaluation and Appraisal Report the Department of Community Affairs shall conduct a Sufficiency Determination. Appraisal Report as required by Florida Statutes Section 163 and the associated rules listed in the Section 9J-5 of the Florida Administrative Code; now, therefore, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The City Commission hereby adopts the evaluation and appraisal report with the intention of meeting all requirements contained in the Florida Statutes and Florida Administrative Code provisions. Swion I This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this day of , 1996. Rita Gamey, Mayor City of Clearwater Approved as to form and egal sufficiency: r Leslie K. Dougall S desf?rzl4 Assistant City Attorney Attest; Cynthia E. Goudeau City Clerk Resolution 96-69 City of Clearwater CITIZEN PARTICIPATION PLAN Evaluation and Appraisal Report 4 Clearwater Comprehensive Plan Citizen Participation CITIZEN PARTICIPATION PLAN INTRODUCTION The purpose of the Citizen Participation Plan is to create a mechanism that will ensure all Clearwater citizens the opportunity to participate and share their ideas and concerns in the Evaluation and Appraisal Report and further to participate in the formulation of the updated Clearwater Comprehensive Plan. Citizen participation is required by The Growth Management Act, Chapter 163, Part II, Florida Statutes, and Chapter 9J-5, Florida Administrative Code, which are the minimum requirements for review of local government Comprehensive Plans. METHODOLOGY In order to provide for effective public participation, the Clearwater City Commission has appointed ten Citizen Task Force groups to act as the lead public participation groups for each of the required elements. Each Task Force is composed of representatives of civic and business associations, as well as general residents. This method has proved to be successful in the preparation of the existing Comprehensive Plan, which was adopted November 16, 1989. Standing advisory groups or committees are appointed to address their specialized areas expertise. In addition to the appointed Citizen Task Force groups, Clearwater advertises public hearing notices in major circulation newspapers in accord with Florida law, so that others may participate in the comprehensive planning process. Clearwater has an agreement with a local broadcasting company to televise all public hearings which also enables and encourages citizens to participate in the evaluation and appraisal and the comprehensive plan update processes. City technical staff schedules several meetings with each of the Citizen Task Force groups to discuss the existing conditions and how it pertains to the needs of the community and/or levels of service desired by the Task Force related to the particular element including: Future Land Use; Traffic Circulation and Mass Transit; Aviation; Housing; Sanitary Sewer, Solid Waste, Drainage, Potable Water and Natural Groundwater Aquifer Recharge; Conservation; Recreation and Open Space; and the Capital Improvements Element. City staff, having the necessary technical expertise, will assist in guiding the Task Force Members through the details of the subject element to arrive at the formulation of new goals, objectives and policies to better direct the future plans and direction of the city. The Comprehensive Plan must support and "further" the goals, objectives and policies of the State Plan and must also be in support of the Tampa Bay Regional Planning Council's Regional Comprehensive Policy Plan. From past experience, the Citizen Task Force method of public participation becomes an enlightening and educational process where citizens become more familiar with the technical issues of the city and the city staff becomes more aware of the needs and concerns of the community, and the entire city benefits. 1 Clearwater Comprehensive Plan Citizen Participation The City Commission is referred to in Chapter 163, Florida Statutes as the Local Governing Body; and the Planning and Zoning Board is the referred to as the Local Planning Agency. Copies of the proposed plan will be placed in city libraries and city office buildings for public review. Advertised public hearings will be scheduled leading to the final local planning agency review and approval prior to submission of the comprehensive plan to the State Land Planning Agency. All city public hearings will be held at City Hall and advertised in a newspaper of daily circulation. Section 163.3191(1), F.S., indicates that as a general requirement, the EAR must be prepared at least once every five years. Section 163.3191(5). F.S., specifies that the first EAR must be prepared no later than seven years after adoption of the comprehensive plan for governments with a population greater than 2,500 residents. Consistent with the provisions of Section 163.3191(8) F.S., Rule Chapter 9J-33, F.A.C., establishes the schedule for when the EAR must be adopted by the local governing body. Three months prior to the dates included in the schedule, the local planning agency must transmit the draft EAR to the local governing body and DCA. The schedule is arranged so that some or all of the municipalities within a county will submit their EAR in the same month as the county. Any remaining municipalities in that county are scheduled to submit their EAR in the immediately following month or months. The order of submission generally follows the order in which comprehensive plans were originally adopted. In addition, the schedule is arranged so that the workload for DCA is consistently divided over the submittal period and to ensure that local governments meet the deadlines established in s. 163.3191, F.S. 2 CITIZEN TASK FORCE GROUT'S ' Eat= Land VM Element Brenda Hams Nixon . Ed Mazur Bob Bickerstaffe Jay Keyes Dr. Kemper Merriam John Carasass Bernie Baron Scott Shuford Louis R. Hilton Traffic Circulation & Mass Tmnsit Element Fred Thomas Don Meerians Rich Baier Glenn Weaver Michael Gust Sheila Cole Alan Ferri Earl Dussalt Scott Shuford Louis R. Hilton Aviatign Elemnn Marvin J. Gutherie Dr. Theresa Goss Charles Silcox Gary Benjamin Stephen Bils . .. Louis R. Hilton uitall Innamvement_ Element Louise Riley Daniel J. Moran F. Janet McNutt I E ? . t Iftflitics Elment Robert Kiehl, P.E. Steve Baumann, Architect Rich Baier, P.E. Tent' Jennings, P.E. Bob Maran Tom Hackett, P.E. Bob Brumback Mike Quillen, P.E. Louis R. Hilton Coastal&pe n [mn Bill Held Mike Quillen Don McFarland Bill Stephan David Martens William Donovan David F. Hemerick Ed Dohrman Ernie Cline ` Gina Cashon Louis R. Hilton Conmantion Element Anne Garris Jill Melkonian Lisa Lanza Mike Foley Early Sorenson Allan Stowell Alan Smith Scott Shuford `' Louis R, Hilton r i r Housing Element Howard G. Groth Shirley Moran Reverend William Graham William Turner Bertha Kelly Milly Joplin Mayme W. Hodges Mary Myhill Louis R. Hilton Recreation Uuen Space Element Henry Cruise Gary Giordano Charles Weaver Stephan Guss Michael Stafford Donald Harris William Kirbas Deborah Hobbs Doyce Haggard Louis R. Hilton r • 6 2. 3 OCT021996 D 1 1 f 1 1 7 r 3 L .:.1 few e-: 1 `?F .• i' ..ty. . P? ;eft S • Item #10 lq6zl f j?. Clearwater City Commission Agenda Cover Memorandum item #: Meeting Date: SUBJECT: Variance to the Sign Regulations; 1661 Gulf to Bay Blvd.; Arthur and Mary Bruno/Smart and Final (Owner/Applicant); Gregory Davis (Representative). (SV 96-20) RECOMMENDATION/MOTION: Approve the following variances: (1) a variance of one wall sign to allow four wall signs, (2) an area variance of 22 square feet from the permitted 205.5 square feet to allow a total of 227.5 square feet of attached sign area, and (3) a ratio variance of 0.4 square foot of sign area per foot of building width to allow a ratio of 1.9 square feet of sign area per foot of building width, on property identified as Lots 3 and 4, Gulf to Bay Shopping Center, for meeting Sec. 45.24, Standards for Approval, Items (1)-(4). ® and that the appropriate officials be authorized to execute same. BACKGROUND: • This property is located on the south side of Gulf to Bay Blvd., between S. Keystone Ave. and S. Duncan Ave., and is in the Commercial Center zoning district. • The applicant is requesting the following variances: (1) a variance of one wall sign to allow four wall signs, (2) an area variance of 22 square feet from the permitted 205.5 square feet to allow a total of 227.5 square feet of attached sign area, and (3) a ratio variance of 0.4 square foot of sign area per foot of building width to allow a ratio of 1.9 square feet of sign area per foot of building width. • The applicant proposes to place the following four wall signs on the front of the building: "Smart & Final" (122 sq. ft.); "Food - Supplies - Business - Home" (57.5 sq. ft.); "Restaurant Supplies, Catering Supplies, Party Supplies" (24 sq. ft.); and "No Membership" (24 sq. ft.). Reviewed by: Origlnbtinp Deportment` Costs: Commission Action. v.., w.. Legal • . y.. trilirmtttriq:r ? Approved Budget <:'NfA`?> '> .?s = Total ? Approved wlConditions Purchasing ..NIA::`; £ User Depsrtm ent: ? Denied Risk M g mt. siFA`: , _ ra. l itl ilttln g.;:;:::..... Current Racal Year © Continued to: Is ,.NIA<f Funding Source: 7:rz"' ACM ? Capital Improvement: CRT Advertised: © Opsratlnp: gsta::::': ? Attachments: Other: sP,.ep!!r. ............. .. , .,.,...... Agp.4 n4iari_' . Submitted C3 Not Required Appropriation Code Application Worksheet bye Affected Parties: Maps ® Notified ? None Managar ? Not Required *Printed on recycled paper SV 96-20 Page 2 The following table provides summary information regarding the proposed signs: :.L:.7. .).. :r3. . Dead::: , erm Type of signs Attached Yes Location/orientation of signs Gulf to Bay Blvd. Yes Area 227.5 sq. ft. 205.5 sq. ft.* Ratio 1.9 sq. ft. of sign area per 1.5 sq. ft. of sign area per linear ft. of building width linear ft. of building width Number of wall signs 4 wall signs 3 wall signs * An area bonus is applied to the primary sign because the building is more than 300 feet from the Gulf to Bay Blvd. right-of-way. Staff Comments/Analysis: Conditions tend to support approval of the requested variances: • This is a large storefront. The proposed signs will generally be in keeping with the scale of the building. • The requested variances are minimal. The area variance is an 11 percent deviation from the code. The ratio variance is a 26.7 percent deviation. The variance for one extra wall sign is a 33.3 percent deviation. • The two 24 square foot wall signs placed at eye level are low impact signs due to their size and distance from Gulf to Bay Blvd. • The proposed signs will not degrade the appearance of this shopping center or the City. N USE URR4 ND1NG IA S' . ..Y .. _ •tc.. : r Direction Existing Land Uses North Restaurant and offices South Residential East Offices West Commercial, residential SV 96-20 Page 3 Applicable Variance Standards: To receive variance approval, a request must meet all four standards for approval. Based upon review and analysis of the information contained in the application, staff finds that approval of the requested variances meets all of the standards. In particular, the following standards do appear to be fully met: 1. There are special circumstances related to the particular physical surroundings, shape or topographical conditions applicable to the land or buildings, and such circumstances are peculiar to such land or buildings and do not apply generally to the land or buildings in the applicable zoning district. 2. The strict application of the provisions of the code would deprive the applicant of the reasonable use of the land or buildings. 3. The variance is not based exclusively upon the desire for economic or other material gain by the applicant or owner. 4. The granting of the variance will be in harmony with the general purpose and intent of the land development code and comprehensive plan and will not be materially injurious to surrounding properties or otherwise detrimental to the public welfare. Relevant Previous Decisions by the Commission: RATIO R8OUI«SMtJlACTl?N 2.9 sq. ft./l ft. width - Denied 9128193 . 0.79 sq. ft./1 ft. width - 11 /9/93 Approved 0.83 sq. ft.11 ft. width - 1119193 Approved 1.57 sq. ft./l ft. width - 217194 Denied 0.72 sq. ft./1 ft. width - Approved 0.027 sq. ft./l ft. width - 4/27194 Denied 2.9 sq. ft/1 ft. width - Denied 3/16195 0.32 sq. ft./1 ft. width - 4120195 Approved 0.77 sq. ft./1 ft. width - 8117195 Approved 1.91 sq, ft./1 ft. width - 9121195 Denied SV 96-20 Page 4 ATTACHED SIGN AREA -..yo-.;,<••:.x..,.,; <CA.:<::.,.L..:.:;,•<. ;......:...:,... .,,. < .... t:- :f... ern... :•': ?::... •.t::2,;k;...;$.,.;:•.;:'r,''Cx•: }r r:;;::'a f *.{? ... flORItiSS''::.<>><;::::.:::.: <A .,<..,..<:.: >.: :.:..::...: .t.9:.y :..;. ........ ':NAME:;'t:::'..>:.'::...:.::: '.::.:'...: •:..::.': ': ..:....... .:::..::::...,....:.... :'. !::.:.:..:.: ?: .:' .;.i :'?;'? l!ilANC>~S.''>:?`?..:?.?:::>..:: VARIANCES', 7. 7V MFF'1'1NG.:' SV 92.19 27001 U.S. 19 J.C. Penney Co. 329 sq. ft./Denied 10/15/92 SV 92-42 714 Cleveland St. Trickel Jewelers 70 sq. ft./Approved 219193 SV 93-73 2200 Gulf to Bay Goodyear Auto 136 sq. ft./Denied 1119193 SV 93-37 20505 U.S. 19 Burdines 1651185 sq. ft./Denied 1/24/94 SV 93-96 1499 Gulf to Bay Barnett Bank 43.5/49.5 sq. ft./Approved 1124194 SV 93-39 20505 U.S. 19 Dillard's 21.26 sq. ft./Approved 4/19/94 SV 92-90 423 East Shore Olympia Motel 51.6 sq. ft./Denied 4127194 SV 93-65 24791 & 24826 U.S. 19 Ken Marks Ford 128 sq. ft./Approved 6/16/94 SV 94-35 2907 S.R. 590 Johnny's Italian Restaurant 8 sq. ft./Approved 1113/94 SV 95-20 387 Mandalay Ave. La-.port's Ice Cream 4.8 sq. ft./Approved 4/20/95 SV 95-17 2495 Gulf to Bay Builder's Square 102.25 sq. ft./Approved 5/4195 SV 95-32 1801 Sunset Pt. Rd. Majik Market 28.4 sq. ft./Denied 16 sq. ft./Approved 7120/95 SV 93-68 25749 U.S. 19 Savings of America 37 sq. ft./Approved 8/3195 SV 95-31 387-1/2 Mandalay Ave. Wedgwood House Estate Jewelers 11.5 sq, ft./Approved 8117195 SV 95-39 24111 U.S. 19 Royal Pools 95.6 sq. ft./Denied 9/21/95 SV 95-40 2170 Gulf to Bay Albertson's 192.3 sq. ft./Denied 81.5 sq. ft./Approved 1015195 SV 95-42 2530 McMullen Booth Northwood Pla2a and Republic Bank 12.5 sq. ft./Approved 10/19/95 SV 96-05 1501 N. Belcher Long Center 83.3 sq. ft./Approved 317196 SV 96-06 400 Mandalay Doubletree Resort de 155 sq. ft./Approved 3121196 SV 96-15 600 Bypass Drive Clearwater Professional Center 34 sq, ft./Approved 811/96 SV 96-12 3130 Gulf to Bay Speedway 62,5 sq. ft./Denied 8115/96 SV 96-16 1499 Gulf to Bay The Technology Team 86.66 sq. ft./Approved 915196 SV 96-20 Page 5 )F ATTACHED SIGNS >?s<?<?>`=' VA?iA?NCES?..<. ..:j.,.. M+E&iNG?' Stadium 1 wall sign/Approved 1119193 1 wall sign/Approved 2/7194 utboard 4 attached signs/Denied 3121194 1 attached signMenied 4119194 give 1 wall sign/Denied 4119/94 larine Science 2 wall signs/Approved 312195 finer Theatre 4 window signs/Approved 3/16/95 2 wall signs/Approved 4120195 louse Estate 7 attached signs/Approved 5 window signs/Approved 8117195 ientology I wall sign/Approved 2!1196 nc. 1 wall sign/Approved 6/6/96 5 wail signs/Denied 8115196 SV 96-20 Page 6 VARIANCE WORKSHEET - CASE NUMBER SV 96-20 STANDARDS FOR VARIANCE STAFF FINDINGS APPROVAL (1) There are special circumstances Conditions tend to support approval of the related to the particular physical requested variances: surroundings, shape or topographical • This is a large storefront. The proposed conditions applicable to the land or signs will generally be in keeping with the buildings, and such circumstances are scale of the building. peculiar to such land or buildings and • The requested variances are minimal. The do not apply generally to the land or area variance is an 11 percent deviation buildings in the applicable zoning from the code. The ratio variance is a 26.7 district. percent deviation. The variance for one extra wall sign is a 33.3 percent deviation. • The two 24 square foot wall signs placed at eye level are low impact signs due to their size and location with respect to Gulf to Bay Blvd. • The proposed signs will not degrade the appearance of this shopping center or the City. (2) The strict application of the The proposed signs constitute a reasonable provisions of the code would deprive use for the reasons stated above. the applicant of the reasonable use of the land or buildings. (3) The variance is not based The variances requested appear to satisfy exclusively upon the desire for this condition. economic or other material gain by the applicant or owner. (4) The granting of the variance will be The sign regulations were adopted with the in harmony with the general purpose intent of enhancing the visual quality of the and intent of the land development City's streets and landscape in order to code and comprehensive plan and will protect the value of properties and the well- not be materially injurious to being of the local tourist oriented economy. surrounding properties or otherwise The granting of these variances appears to be detrimental to the public welfare. consistent with this intent. <V 9? ZO CENTRAL PERMITTING DEPARTMENT 10 S. MISSOURI AVENUE CLEARWATER, FL 34616 1173 25o.ou %[t,11%, SIGN VARIANCE APPLICATION 'ROPERTY OWNER(S) NAME & ADDRESS: REPRESENTATIVE(S) lit any) NAME & ADDRESS: 13 etC ,Ze7 Gregory T. Davis I-67110zll Thomas Sign & Awning Co. 4590 118Eh r' /Llf?3? 3 I Ave. H Clearwater" 34622 c/o John S. Inglis TELEPHONE:, (813 ) 229-7600 T TELEPHONE: 81 573 7757 ADDRESS OF SUBJECT PROPERTY: 4!51 lP / C c.! NAME OF BUSINESS (IF APPLICABLE): f2*Wd=rt ZONING DISTRICT:CC LAND USE.CLASSIFICATION: [`G LAND AREA:_ 7 LEGAL DESCRIPTION OF SUBJECT PROPERTY: Lot 3- and 4. GULF 10 BAY SHORPING CFNTER- according to the map or plat thereof as recorded in Plat Book 84, page 65 of the Public Records of Pinellas County, Florida PARCEL NUMBER: 14 / 29 15 34b55 - 000 0030 (0040) Thiformation is available from your tax receipt or contact Pinellas Co. Property Appraiser's Office at 464-3207. If more than one parcel number, attach $K x t i inch sheet) DESCRIBE SURROUNDING USES OF PROPERTY: North: Restaurant & Office East: Convenience Store South: Office West: Indoor Retail VARIANCEIS) REQUEST: We are requesting a variance to allow two non-illuminated 4' x 6' wall signs at the entrance level of the store. Both communicate information to a public not familar with our name. The signs would be the only ones on our pedestrian level frontag-e which spans 320 ft. The circumstances generating this reauest ? are outlined in the standards for approval, L b Gc, f Q 1 ?d L(1 Q r v'?Q `5!? 1'} S 2 CL f .a '1 . S^ r , Cj S1? G? e r o a' -G2 a .a C .1M w` f 1? ??a2 ha ed t .6 - . f ? r -t bf L ! 0j ` tort)-?- '. 1 acL? cj s i' qtr . of ??i Ict;n? w?dfh. -4+10 of per ft CONTINUED ON REVERSE SIDE iTANDARDS FOR APPROVAL: A variance shall not bo granted by the City Commission unless tlio application and evidence iresented clearly support tho following conclusions: 11 There ore special circumstances related to the particular physical surroundings, shape or topographical conditions applicable to the land or buildings, and such circumstances are peculiar to such land or buildings and do not apply generally to the land or buildings In the applicable zoning district because Pedest:rain u.trdooZ-- mall traverse the shopping center under a structural can bltXks -tile view o e over ea s gnage. 2) The strict application of the provisions of the code would deprive the applicant of the reasonable use of the land or buildings becausa Using all of the siRna-ge-allott Ant- for primary wall signage s necessary because of the 3o6" foot distance from the store fascia to vehicular traffic on Gulf to _Bay. But^byyl?ing_ so we ac in omative signage at the pedestrian level for our new- o- on a business. 3) The variance yjn%g4v&o+?: fiJusivp y 0 4?ira for economic, or of er material sin by the applicant or owner because y unknown in t M market. Two pedestrian level wall signs will help inform the public that we offer restaurants, party and catering supplies and that we do .so without requiring a Rembersni . That Ls a -fa,-.t im ;ortant to consumer acceptance. t) The granting of the variance will be in harmony with the general purpose and intent of the land development code and comprehensive plan and will not be materially Injurious to surrounding properties or otherwise detrimental to the public welfara bacausa It is informative signage for the public which has v' no knowledge Smart & Final- a decades old cam an that has chosen Florida for its first; ever expansion outside of California. There is currently no signage on the 120 ft. storefront at pedestrian-level. THIS SUBMISSION GIVES AN APPLICANT THE OPPORTUNITY TO REQUEST THE VARIANCE AND APPEAR BEFORE THE ;ITY COMMISSION AT A PUBLIC HEARING. FEES PAID ARE NON-REFUNDABLE REGARDLESS OF BOARD ACTION, BY ;IGNING THIS DOCUMENT I AM ACKNOWLEDGING THAT ALL FEES PAID DO NOT GUARANTEE APPROVAL OF THIS >PPLICATION. ;IGNATURE OF PROPERTY OWNER (OR REPRESENTATPJE): Ibwluds anion and nams of pang H ?ppliosbk) ,1oh Inglis, attorn and authorized agent for RTHUR H. BRUNO and MARY L. BRUNO Sworn to and subscribed before me this 14th day of August agent for ARTHUR H. BRUNO and MARY L. BRUNO )y John S. Inglis, the attorney and authorized , who i arsons y nown to mo ndler has produced as identification. 11 lotAry ubllc STATE OF FLORIDA, COUNTY OF HILLSBOROUGH Commission No. N Ln0 C1 ASH Name of Notary typed, printed or ti1??7k Z?mo o. GwJPdbyR% ?'??rru? s!t?a NOTE: PROPERTY OWNER OR bEPRESENTATiVE MU T ATTEND HEARING. .A UL.- 1 I - 'JU tit L. 1J V U ' JU 141'1 #4 b1{L. L-, / fIL. L. &_ 4K • r• . it . l S k i k i ' GULF TO DAY SHOPPXNG CENTER 1645 Gutf to Baj Blvd, • tiQarvacar, Florida 34615 1 4 CLRARIKAT ER, FLOxUX 1 tl ?•..J'.d.r + _ wt^s.?. we vr??..2. .....? ,. L.., w... , A 0.0 an ' . . MNJC? emp ` ? ! ?' .•, . , ? 7 'I , ? III i?j •,•,r?.....r 1 ' t l , ? 1, a I lit -Vpj ?' : w'•`•.? ?. Y'r b l1 "SIT ,. . -?... r 11' w ? ? ? ? t 5'I?I•sar'#' ? Fs vtct l . ? I 1 1 t t ?{ --?• .._ . Is p WV i i 11"100 S.F. IL .. ?? ??'•,??`? Card ho • , ' ?'tf .J w ., V4 ?. ?. . , i t '?l Pub . S , 1 , V , r.... • { ,,,,,rte , a + ' ."t• ?1. Halgreen -.tp•?; -• , ,?..R ti ;??? ??" S, !Y In ? . • .off - ?? .? _,_.3 ? 1,`- ' ? I rr?t?' . T! ?' ."'. s . ..rte 1 -,-...f ?« , 1 . .I?w 1 ..? •• ; ; 1 .... i 1 ? f •: •?'• ?' 1 ' ?y I t 4 { }} r , • '? t ,........ .tea ?? 1 • `_ .._J:.• .. .. w ? ? ? : ?` . ., . • r ? + ti • •' t`om' w ` ?-.--?? ' _ J? w r.r•4.r-a •W w' Ne")k• or tr'+?v?? ••'r' mow.' . ?` wf r. ?L 711_(/! • IA ?' .? •?? ?,`? , ' ..w..?.....m~" NOTEt Not to scale f N ? 1 N I ? V V N 4. Ov v i C ` N_ o a N 0 E E c 0 ?m N N KAJNQ0W a „r j-1 2 1,119 .1 .1 !O1]/02 t 2 17 ? 30 2 7 ?t Sit t!f d !Of ,d, fOf ! _ fef 04 a ,re 3 e ros 7. 3!!,-ID!! it tlr 9 1[] f,r A 4 r f fo S Oat ff • S Ni f6r too Y .,? r 1 ih 14 1{/11foe f 0Y14/1a t4/17 v FA t3/oi 13/05 1 i/12 fa rro 7 ? it s 14 5 9 to 11 12 /13 14114 14/IS It/ ? . w st it :1 Sol, of w C SA - R -- - - - QAY ~ w•r $ r"""1111111111 BEA 1 s a ?. 2a . 2 SUBURB }2EPLd7` s S -c D tff 4 K e+r e p fu ZT ,..r 11 srf GULF TO BAY era ; .1 Soo a tts I to a t t,,f 1 sQ i SHO ING CENTER 19-100 rn tf x ? 9 rtr • >r.??? !lt N 9 an ,n 9 r ial n 4 3a Y ! 1<ttt11 ,n ur Sal 10iw w t0 31 Or)37e» L-11 TOWN CENTER 6414 CONDO ua 17 t 15 J2 3] 34 ? O ft rrr N 84--65 [f,l l,lllllllllUl?4f i,Itl It I11181lfuuut 73--68 4 i, tfe 2: SiRM I 1 sis 2 1 9 t `2 el 12 11 too S t0 too taf 4'1 3'1 4 3 f f soe r 13 32 31 30 29 27 ,a tH 3 t0 m sor sot 4 9 got 20 S iw 22 a tes 22 6 ,a tfi 14 err fn 3 ^ D eo4 BE t+i 21 7 n est 2t 7 in 1 fb ff, 2 ,rf t7 1a i9 20 !t 22 21 is t IS a ,u .-+ 7 414 en 20 D ate (0 rrs 20 11LV uu ,n n, E C C roa A g no srs t 6 , k C a r" t9 9 t+f m 19 9 e in 12rVtsON 37RMT nr Pet ?or 7 1?3 17 11 no 17 he r» 15 14 13 12 It t0 rir I rn tt, 12 it to 15 14 13 12 le 1 2 1 : 3 421 1 2 tt tt ?ar 1 22 3 27 59 a 7 x t t nt t; 1 rn ,? _ . it tst 1 6 "x <..; SfGN VARIANCE REQUEST NAME: QRTNUR AND MARY BRUNQ I SMART AND FINAL SV # q6-2Q PUBLIC HEARING DATE : OCTOBER 17, 1996 ATLAS PAGE: 2M SEC: JA TWP: 22 S RGE: 15_E CLEARWATER CITY COMMISSION ac rs ? a o ? c w w ! i J 'Or Ko" tLmwfkr r--- d 1 ( 1 N Co r rnn? azp WnHOro]+ ov • 4e._ s'n td G or rraaa wmlm cr *WUt ? -Kr srn?rr? of rM?,.. Six 'oa ]„73V 0; g ,kv MOWV40 --- ']1Y oMVlq+4 -3AY OWMD." SLY >w? ¦]H -arwow SSMa ? SH N 75V J3ynYx7? 3MiIl Al1M ? ]kYl s•n .?* s?i fVrfnDO y1Y aKULSM at 0 a $ 3tiY oooaroA,p 0 t ?r 4 31Y Xlixov V G ? ar n !? •S'LY HSS?WM •ilr?.. r 7W Q 4pp -.InY 1YTYC M { aVVE4r ? o ?t ,_ r ? 4 0 } ,.l :. ... ?a?a ear u Central Permitting Department lntcrotiice Cormspondencc TO: . Betty Deptula, City Manager FROM: Scott Shuford, Central Permitting Director% SUBJECT: Response to Commissioner Johnson's question concerning sign variances at the Gulf to Bay Shopping Center CC: Kathy S. Rice, Deputy City Manager DATE: October 15, 1996 This is to respond to Commissioner Johnson's question regarding the difference between the sign variances for the Smart and Final store (where staff recommends approval) and the Pinellas County Tax Collector's office (where staff recommended denial). Staff recommends approval of the Smart and Final variance because the signs will be affixed on the wall of a large storefront, and the signs will be in keeping with the scale of the building. Some of the Smart and Final signs will be very low impact signs due to their size and distance from Gulf to Bay Blvd. Staff recommended denial of the Pinellas County Tax Collector's variance because it heightened the impact of an already high impact sign. The Tax Collector's sign was to be added to the freestanding sign for the shopping center. With an existing area of 144 square feet, this sign was already one of the largest signs along Gulf to Bay Blvd. If the variance was approved, the area would have increased to 165 square feet. By comparison, most other freestanding signs along Gulf to Bay Blvd. are 64 square feet. There was no special circumstance upon which to grant the variance requested by the Tax Collector. Furthermore, there was no greater justification for granting a variance to enlarge this freestanding sign than to enlarge any other freestanding sign in the City to identify any other tenant. This variance simply ran counter to the intent and purpose of the code. Clearwater City Commission Item a: Agenda Cover Memorandum Meeting Date: SUBJECT: • Petition for Zoning Atlas Amendment on North Hercules Avenue at Sunset Point Road; Owner(s): Multiple/City of Clearwater (Z 96-11) RECOMMENDATIONWOTION: • Approve the Petition for Zoning Atlas Amendment from Neighborhood Commercial (CN) to General Commercial (CG) for Lot 2 and the south 160 ft. of Lot 1, Sunset Oaks; together with a portion of Lot 1 Pinellas Groves SW; together with M & B 13-02 lying in Section 1- 29S-15E and pass Ordinance NO. 6094-96 on first reading. © and that the appropriate officials be authorized to execute same. SUMMARY: PROPOSED ZONING AND FUTURE LAND USE PROPOSED ZONING DISTRICT Commercial General (CG) PROPOSED FUTURE LAND USE CLASSIFICATION NIA This is a City rezoning to allow flexibility to property owners and developers by minimizing some of the zoning restrictions experienced by developers in these areas while protecting surrounding properties. The subject lots are located at the intersection of Sunset Point Road and North Hercules Avenue. These properties involve multiple owners. The properties are presently zoned Neighborhood Commercial (CN). It is proposed to rezone these properties General Commercial (CG). The CG zoning district will be less restrictive than the CN zoning district. The existing zoning fails to provide for either the expansion of the existing uses or likely future uses of the property. The proposed CG zoning district can be used to provide the range of uses necessary for this nonresidential area to thrive. The CG district would have the highest number of permitted and conditional uses, highest density and floor area ratio, and less lot and front yard Reviewed by: originating Department: Legal NIA CENTRAL PERMITTING Budget NIA -55 Purchasing NIA User Department: Risk Mgmt. NIA Is NIA ACM NIA Costs: Total Commission Action: ? Approved ? Approved wlConditions ? Denied ? Continued to: Other I Advertised: Date: 9121196 v Paper: TAMPA TRIBUNE Submitted by: - ? Not Required Affected Parties: 57 ? Notified 04/man/aVer ? Not Required Funding Source: ? capital Improvement: Operating; ? other: Current Fiscal Year Appropriation Coda Attachments: ORDINANCE NO. 6694.96 LOCATION MAP APPLICATION ? None 10 Printed on recycled paper Z 96-11 Page 2 open space minimum requirements. The current land use plan classification for these properties Is Commercial General (CG) which will not be changed. • Generally, the area is characterized by limited commercial uses. Some of the existing uses include Amoco Gas Station which is located on the south side of Sunset Point Road; Stingway's, Aum Discount Beverage, Pet Net, and Chubby Deli are located on a small strip center on the east side of North Hercules Avenue. There is a McDonald's Restaurant which is newly opened and located on the west side of North Hercules Avenue/north side of Sunset Point Road. • The Mobil Oil Gas Station adjacent to the McDonald's Restaurant is not included in this rezoning. This property is still in the County.. However, discussion/negotiation is underway to bring this property into the City. A similar zoning (CG) district will be assigned to this property once it is annexed into the City. • The proposed General Commercial zoning designation would be appropriate and consistent with the surrounding land use pattern, and with the existing depth of the Time Plaza Center which is zoned CG. The Time Plaza Center is located on the south side of Sunset Point Road immediately opposite the Harborside Healthcare Nursing Home Center. The proposed amendment would be consistent with the need and the relationship to adjoining uses, and will provide for the full spectrum of commercial uses in the area. IMPACT CONSIDERATIONS: • Traffic: The subject properties are located at the intersection of a collector and an arterial road. Road improvements along Sunset Point have been completed and it is now operating as a 4-lane divided road. Access to these existing developments will continue to be achieved from Hercules Avenue and Sunset Point Road. These roads have an adopted level of service (LOS) of "D" and "B" respectively. Hercules Avenue is a 2-lane collector roadway. It currently has a volume 18,158 vtpd. with a peak hour volume-to-capacity ratio of 1.11. While Sunset Point Road currently has a volume of 20,932 vtpd. with a peak hour volume-to-capacity ratio of 0.70. Changing the zoning to CG from CN should not have any significant impact on traffic generation. • Water: The subject area is serviced by the City of Clearwater's Water System and Marshall Street Wastewater Treatment Plant. The existing City water facilities will be adequate to serve existing developments or any other development which could occur under the proposed rezoning. The Marshall Street Plant has a capacity of 10.0 MGD and an average daily flow of 8.0 MGD. • Environmental: The subject area does not contain any environmental features which would require separate classification under the Countywide Land Use Plan. Pertinent information concerning the request, is summarized in the tables on page 3. Z 96-11 Page 3 ZONING DISTRICT RESTRICTIONS DESCRIPTION :4:.. CG .r y REQUIREMENTS'<:.' CN REQUIREMENTS Density 2$u' `et42:hotellniotel:udltis maxi-': -'`>r 1 fi u. a. maximum Lot Area :10;000`• : #t``minimurri 10, s g. ft. minimum Lot Width at setback line :100::fsei °riiiiiirium > 100 feet minimum Depth 100 feet minimum Number of Permitted Uses 17 Number of Conditional Uses 13 Front Yard Open Space 54:°? : > <<:` 55 % Lot Open Space 5:: 30 % Het ht of Property 5080:feet::..:.<:..::.:.'::::.:::.,:::':::.,::`:':>::`: 25 feet Building Coverage 30% Floor Area Ratio M) 4 maximum.:' :.:: :. 0.3 maximum • The Planning and Zoning Board held a public hearing on this application on October 1, 1996 after which they unanimously endorsed the proposed Zoning Atlas Amendment to Commercial General (CG) to the City Commission. OTHER REQUIRED REVIEWS AGENCY YES NO Pinellas Plannin Council/Count wide Planning Authority x Florida Department of Community Affairs X * BBR VI N : CG = Commercial General, CN = Neighborhood Commercial, LOS = Level of Service; vtpd = Vehicle trip per day & u. p.a. = Unit per acre CC z96-11 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY REZONING CERTAIN PROPERTY LOCATED AT THE INTERSECTION OF HERCULES AVENUE AND SUNSET POINT ROAD, CONSISTING OF LOT 2 AND THE SOUTH 160 FEET OF LOT 1, SUNSET OAKS; TOGETHER WITH A PORTION OF LOT 1 PINELLAS GROVES, SW 114 OF SECTION 1, TOWNSHIP 29S, RANGE 15E; TOGETHER WITH M&B 13-02 LYING IN SECTION 1, TOWNSHIP 29S, RANGE 15E; FROM NEIGHBORHOOD COMMERCIAL TO GENERAL COMMERCIAL; PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the zoning atlas of the City as set forth In this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: agetion-11. The following described property in Clearwater, Florida, is hereby rezoned, and the zoning atlas of the City is amended as follows: See Exhibit A attached. From: Neighborhood Commercial - (CN) (Z96-11) To: General Commercial - (CG) Section 2. The Central Permitting Director is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form and legal sufficiency: Y. . -.0. 1 * s/ Leslie K. Dougai -Sid sst. City Attomey Rita Garvey, Mayor-Commissloner Attest: Cynthia E. Goudeau, City Clerk Drdlnsnra go, 004-95 LEGAL DESCRIPTION The South 160 feet of Lot 1, all Lot 2, Sunset Oaks, as recorded In Plat Book 69, Page 1 of the public records of Pinellas County, Florida. Together with a portion of Lot 1, Pinellas Groves, as recorded in Plat Book 3, Page 15, of the public records of Pinellas County, Florida, described as follows: Commence at the Northeast comer of the Northeast 114 of the Southwest 1/4, also known as the center point of Section 1, Township 29 South, Range 15 East, Pinellas County, Florida; thence' S 00°17'47" E, 270.0 feet; thence N 89°06'54' W, 50.00 feet to the Point of Beginning; thence N 89°06'54" W, 287.47 feet; thence N 00°16'32' W, 220.00 feet; thence S 89°06'54" E, 287.35 feet; thence S 00°17'47' E, 220.00 feet to the Point of Beginning, less that portion conveyed to Pinellas County as right-of-way. Together with the West 193.0 feet of the South 270.00 feet of the South 112 of the West 112 of the Southwest 114 of the Northeast 114, of Section 1, Township 29 South, Range 15 East, less existing rights-of-way. s EXHIBIT A tfrdinanc? Ko, i0l?-!i PROPOSED REZONING NORTH HERCULES AVE. AT SUNSET POINT ROAD OWNER: 2: 96-11 ADDRESS: Multipte/City of Clearwater PROPERTY DESreHIPTION: Lot 2 and the South 160 ft. of Lot 1, Sunset Oaks; together with a portion of Lot 1 PihOllas Groves SW; together with M & 6 13.0'2 tyIerig '1 Section 1-29-15, LAND USE PLAN ZONING PROM: Commercial General CN TO: Commercial General CG ACRES: 3.56 M.O.L. ATLAS PAGE: 253 A SEC: 01 TWP: 29 S RGE: 15 E k0' o16• _ •?4.: ?{., :r' A`I]'2O 1N?+H7ARpr' Octot;er y'` t9SB 4° ;Y-.?xy• .S..:t?k• 'f:.Xi?: ;ijey: ??w;:;,a..?.. :CITY COMMlSSiQN: ' Octctse' j v x : t,°>,u y ... Ordinance No. 6094-96 ?j?14a R TE CITY INITIATED CITY OF CLEARWATER CENTRAL P G DEPARTMENT 100 SO. MYRTLE AVE., 2!'o FLOOR CLEARWATER, FLORIDA 34616 PHONE (813)-5624567 FAX (813) 5624576 ZONING ATLAS AMENDMENT APPLICATION ?:: O ER ?: :O 'P.. sT:Y INNER S ...?..?..... ? .............. . NAME: ADDRESS: PHONE: ( 813)562-4567 CTY/STATE/ZIP S.LEARZZME, EL 34618-4748 .......................................... RESEI!ITATIVE: IFAN , ..:::.:::..:::: :::::s::::::::i.>.:::::::::::::::::::::::::::•............................. :REP :::...::.......::............. ................ NAME: SANDY GLATTHORN, PLANNING ADMINISTRATION PHONE: ( 813) 562-4586 :::::::::::::::::::::::::::::::::•::•:::::::::::::. .i.EGAL I]ESCRIPTlGN:OF:PROPFRTY°(SU?EGT R :FECil?ES3):;Ia ............. 7..,,........,....:..7............. PINFUAS GROVES SW- MOSETHEEt WIT14 M & B 13-02 LYING IN SECTION 1-14-19 • :::::::::::i.i .:::::::::::....::.....................................................................7...??....:.::......??.::::::::::::::::::::::::...............................y i.i is :GENERAL :.LOCATlOIV,.; i SEE AlElAchMENT --- f:i:......:i::'777 -iii... ........ .iii ii:.•iiiis ACREArp .71ii.iaii:iii::::: PRESEiVT' aNING.:7::::::::y E4UESTF D'4 NIN:: - - - - - - - - - - - - .................iii...iii.::#a ?-'PINELL-AS GOUW.Y.COMPREHENSWE; AND,USE- PLAN.:CLASSIFICATION, ......................... ................................................... .... ........................................ Y.: ........... .. .: 7:. :: ii: .'ii. ::7•. .:ii. SON f..OFk:REOUE6T.::? '-'i?€ HEIGHT AND FLOOR AREA EADON FOR 1149 213cliensEn znNING DISTRIer, Al-LQWA LE DENSITY , - A.7- IE.#EQUSED:7.ON.y!1G:01$TFt€C.T.. IN:;.CONFOR#NC?i1J1TH;TIE CLEARW p )r: i • )# ))i' )#')'•j •1' !• # ?si :> ti r:;.:•; =1.t?1V?J UTi./tlill?i?'ltiNl?? ri:.r.:i?is)i#ij=ajii?s'iti::liiiiijiijji'1';Ir'.jll: ss ?jjliij3r.•j s ij. # .j:# r } 33 s.. ,..•,:. ------------- - s..#.. :si :.s,i:: „ra•• :.s?>:s::l:::i:l?::ls....s!;.I.. ?:.?ij f:d?jj?:?::,#..?1):i..#....ss: YES ICI NO 0 NOTE: IF THE REQUESTED ZONE CHANGE IS NOT CONSISTENT WITH THE CITY'S LAND USE PLAN, THE APPLICANT WILL BE REQUIRED TO FILE A CORRESPONDING APPLICATION TO AMEND THE LAND USE PLAN. .IS-THE:REQUESTED:ZONING.DISTRICT. IN;CONFORMANCE:WITKTHE.PINELLAS COUNTYr?DOMI?REHENSNE; s:• s:: :::: :s:::c:; :s:: ::: :s:s:: ::s:: ::s:: •:s.. •:rs::.r : s....• ...... ..s'iiii::::s jD..US??LAN!)?i:)^s)• rs:ao .::::::::::.:•:::::..s..u.:::r:.:::::s:p:)):rss:::;:°:::::rrs. :::'^,....1.....,., ....a.>,..... ss.,..s.....3.'3'j'rr.... jj;'?iiisi? . sr.ai..s ................s..................:............ .............:7.........s....... ........•.......:.....s..:.s.,.s.............).)s.s....).s.1..s.s.....::.........s..ri:.......::r.:. YES IA NO 0 :......... ::::::::::: ?:......::s::::#7#)il'#iiii::c:ri:)?#))?i MST. 'ANY 4PR'INENT::.JNFORM?gTJQN„$UB?T' , r:•:... .. ,,,,;;);iii#ii)i#ii96i:::;i:?.)•.'.si^^.)?ii## : i• •• # r.:r^ •• :a:ii)? s.... :r . s.... s..:.:...::::.....i. )as•:#°? suss ?#j r.r 3 rul•s Hill ?::::ii))#?#39?:)::::9:::r•:i#)?^4i: as3E:?a:?::jsss•• ::::::::::...:....:::::....::... :•• .:::• .,... 3:s r • . •r..s, .. #js ...s....^.. •srs) ::i#: r. :...:::....::...:.:...:...:...:.....r:ix:::r;;:#: ...:.;g:::.s....s......:.rs7..... a..i.E?:::::fiiii..,..• :::::::• i)iii'i#?l..#.#:irs>.is.s.#...)i,.)...rs s.,..s..#rs..:.:,.. dl" NONE SIGNATURE: REVIEWED BY: DATE: J SfFORM - ZONING ATLAS AMENDMENT APPLICATION ? o - 411 Vs O a vd moos 1Qrrrvh 9 M I 9 9j X01 ?Tr1D'i? M 'u sn r?ot11 tir talc= Dr ?orctif w '74Y [7Yb1d1 a --? ve W i x Q 4 ago 7b{Y "3quvd 'AV owr*m ... ttt ,'34V)144 AIN ATOAM Z&OX d l ?i a "31Y Immal" )wn 11 d 3 W XIYI OWWW l \ y1Y iY'KMIoo 7lY slflo?Lll Q ?nr _ . ,1boR?ml?? Y ={411AN ? 'fir ?oswnr ? f+.w??. 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CAAJ40A 2141 4 CITY -- -__--__ .. -•?-_._._ .,?{?c-._..._4-?-•- ... _..?.__._ ?.•:?a__? e?.Y..?..?c. .tom o-Y.r _ ... ?__ _,...?..___._.__..._.. -_.__-?v. ar..?.? ..?.-e ? .per ? ?•c.._..._._._._.._.._..--'- ------ -- ----- . _ ... _. _ _....... ..___.. _..__._........ . . 2 J ------?.-.. _ _-? rte. ?? j__o? -- ?'a-?,.--,--q.__c'---?--?_ o?-!C?!-+? ._-?-?. ?rr..?-?...?_....._._.?-.?._ t_?_Y, T. NA ?.., ? ? ?.,,. t ? :*.7:? . ? ? J 4?'i++ k ',+.r 'sr ?iw' !1 R •?f? ? ? ?!. •`?. •?.f?T. +? ? ' ?. ?.. _?, •? •i y k"r • .d ?f 1 .. ?7.4'r' `.{•-ys1. A ?.r •„•. I;` "?i?:?? ?u '???'rr r?K S" ?. it+yw '..'?'? d ,7ri,'T" '' ..ft..??ch''.'.?f,;..?r=.: ., . , `+S; _ ..r . 't ? w'_ _ t ? ? •[., f ?? i?..,S, r? ?'. . 4, .r.I' .J`.?Y.1''r";:i ?; 'S . ?' 3' ?'. ?•?• vtr ..I S. i ? •<<. . '` . ' ?•'`r?: t • '3 ?1:,:' Y e," n •'' ? ? ?• •r ? ? t ?? {.? ?:; ? sS'? i?r•`?'? ti,?`???; " rA,?..r ? * ` lE;,?.S iJ? ?" ? ??.t s ... • ?' y 1.?: w4, • ar?:41 ?^' ? f (?, watt Interoffice Correspondence Sheet To: Betty Deptula, City Manager From: Scott Shuford, Central Permitting Director g; Vj D I. jEI CC: Etim S. Udoh, Associate Planner OCT 17 1996 Cynthia Goudeau, City Clerk (,%iTV CLERK DEPT. Date: October 16, 1996 RE: Rezoning at the intersection of Sunset Point Road and Hercules Avenue. This information is provided to supplement our staff report concerning an administrative rezoning generally located at the intersection of Sunset Point Road and Hercules Avenue. Time Plaza 0 969 Sunset Point Road) was rezoned from CN to CG to enable the applicant (K.D.Sauder Trust & K. D. Trustee) to operate a beauty school. A beauty school is not allowed in the CN zoning district but it is a permitted use in the CC zoning district. At that time, staff expressed an interest in establishing a consistent commercial zoning pattern in this area. Generally, the area is characterized by limited commercial uses. Some of the existing uses In Time Plaza Include limited office, retail and professional uses which Include Brew Time Pub, Animal Hospital, H & R Block, Looksmart Salon, Sunset Point Medical Associates and Cleaners. The existing uses for the Sunset Point Road/North Hercules Avenue rezoning area include Amoco Gas Station, Stingray's, Aum's Discount Beverage, Pet Net, Chubby Deli and a McDonald's Restaurant. The CN zoning district is created to provide for neighborhood-oriented retail, service and professional uses. The CG zoning district is created for community- oriented commercial and business uses. With the completion of the Sunset Point Road expansion, this area has become more of a community-oriented business area. The future land use plan classification for all these properties (Time Plaza & Hercules/Sunset Point Road) is Commercial General which will not be changed. Please advise if you have any questions or comments. z d R . ORDINANCE NO. 6002-26 13 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO CHANGE ORDERS FOR PURCHASE OF COMMODITIES, SERVICES, AND PUBLIC WORKS CONTRACTS; AMENDING SECTION 2.561(7) AUTHORIZING THE CITY MANAGER TO APPROVE CONTRACTS NOT TO EXCEED $25,000; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: SQcfign-L Section 2.561(7) Code of Ordinances is amended to read: Sec. 2.561. Purchases of $10,000.00 or more. (7) Qbange . Any change in the contract pride, scope of work or time for completion of any project following the award of a contract shall be by a written change order, approved by the city commission and executed with the same formalities as the contract. However, the city manager may approve and execute change orders without city commission approval subject to the following limitations: (a) Contract price increases shall not exceed $25.000.00,$0;005:00 over the most recent commission-approved contract price, in any one change or cumulatively for the same contract. No contract price increase shall be approved unless there are sufficient funds available for such purpose. cumulatively. inclusive of all change orders. Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form and legal suffici John Carassas, Assistant City Attorney October 3, 1996 Rita Garvey, Mayor-Commissioner Attest: Cynthia E. Goudeau, City Clerk Ordinance No. 809996 i t `.•! ? r'? a , f s .. i } ? r'a F 1 5? `:"1 C'1C ,: ? .; ,? ?'.• F:. t , r. F{ t _ . ..... ?._.. f /? f / / f I .S vk s FN Clearwater City Commission Agenda Cover Memorandum Item #: Meeting Date: SUBJECT: Sand Key Power Line Project - Cash Pool Loan RECOMMENDATIONWOTION: Authorize a loan from the Consolidated Cash Pool to the Sand Key Power Line Project in an amount not to exceed $318,000 to be paid back over 10 years with interest at 6%; approve payment of $11,050 to Raymond James, the City's financial advisor, and $10,000 (plus out-of- pocket expenses of $2,089.66) to Bryant, Miller & Olive, the City's Bond Council, which are amounts equal to contracted amounts as if the projected bonds of $1.4 million had been issued; authorize the transfer of $25,000 to the General Fund from the project to compensate the City for the upgraded light poles; authorize the transfer of $30,000 to the General Fund from the project to reimburse the General Fund for the administrative time spent by City Manager, Legal, and Finance staff to implement this project, ® and that the appropriate officials be authorized to execute same. BACKGROUND: • On June 3, 1993, the City Commission discussed and approved the concept of a special assessment to the property owners on Sand Key to cover the cost of burying power lines in conjunction with the County's plan to widen Gulf Boulevard on Sand Key. This project was requested by the property owners on Sand Key. • On May 31, 1994, the City Commission approved an arrangement with Sand Key Civic Association for fiberglass poles to be used at a cost of $25,000 to be paid to the City as part of the project costs. • In addition, a multitude of resolutions, ordinances and other Commission action have been passed in order to implement this project. A detailed history of this project is attached as Exhibit A. • The estimated final cost of the project including debt issue costs is expected to be under $1,400,000 (see Exhibit B), which has been allocated to non-government property owners (2,855 parcels) on Sand Key in proportion to the full assessed value of their properties on 111194, without regard to exemptions. The costs mentioned in this agenda item will be charged to the project and paid for through special assessment collections. • Staff originally proposed to issue bonds or to obtain a loan to finance this project pending collection of the special assessments. Reviewed by: originating Department: Costs: COmmiBEian Action: Legal Finance $23,139.66 ? Approved Budget Total ? Approved w/Conditions Purchasing !A User Department- 523,139.66 ? Denied Risk Mgmt. NIA Current Fiscal Year ? Continued to: Is NIA Funding Source: ACM ? capital Improvement: Other Advertised: Operating: Date: ? Attachments-, Other: Paper: Exhibit A -Project History Submitted by: ` ? Not Required Appropriation Coda Exhibit B - Project Costs, Affected Parties: . 315-94711.530100-519.000 ? 0 Notified ? None Cit ansg'er © Not Required 0 Printed an recycled paper (1) ?L • Property owners were given the option of prepaying their assessment at 80% or using the installment method (with interest of 1% over the borrowing cost) over a period of not to exceed 10 years. • At this time over $780,000 in special assessment prepayments have been collected. • If bonds are not issued, the total cost will be reduced to approximately $1,098,000 since the costs of issuance, debt service reserve, and capitalized interest will not be needed. • This leaves $318,000 yet to be collected in order to cover the costs of the project. • Special assessment collections will begin in November 1996, which is the early payment of 1997 taxes. The City will be collecting the special assessment by utilizing the uniform method of collecting non-ad valorem assessments authorized by Section 197.3632, Florida Statutes. Under this method, the special assessment is billed and collected by the Tax Collector. • Work on this project is nearing completion. 50% of the amount due to Florida Power was paid when the project was 50% complete with the final payment due at the conclusion of the project (projected to be in November, 1996). • The project cost estimates include $30,000 for administrative costs. The amount is to compensate the city for the enormous amount of time and effort that has been required on this project since it started in the Fall of 1992. • Current contracts with Raymond James, the City's Financial Advisor, provides for the payment for services on bond issues of $10,000 plus $.7511,000 of bonds issued (plus out-o£ pocket expenses). Work not related to bond issues is billed at $150/hour. The fee to be paid if the bonds were issued would be $11,050. At the hourly fee, this equates to approximately 74 hours. Raymond James has assured staff that in excess of 74 hours has been spent on this project. Therefore, it is reasonable to pay $11,050 for Financial Advisory Services. • Current contracts with Bryant, Miller & Olive, the City's Bond Council, provides for the payment for services on bond issues of $1.4011,000 of bonds issued with a minimum fee of $10,000 (plus out- of- pocket expenses). Work not related to bond issues is billed at $150/hour. The fee to be paid if the bonds were issued would be $10,000. At the hourly fee, this equates to approximately 67 hours. Bryant, Miller & Olive assures staff that in excess of 67 hours has been spent on this project. Therefore, it is reasonable to pay $10,000 plus out of pocket expenses. • The difference between the estimated cost of the project and the final cost will be reimbursed to the property owners at the completion of the project. (2) Exhibit A SAND KEY POWER LINES 11192 - Sand Key Civic Association began exploring the possibility of burying the power lines in conjunction with the widening of Gulf Blvd. Sand Key Civic Association requested help from the City with burying the Power Lines in conjunction with the widening of Gulf Blvd. 2/23/93 - Dan Deignan wrote a memo explaining options. 2125193 - Memo from All Galbraith recommending seeking validation of a bond issue backed by the special assessments. Successful validation of the bonds would also validate the use of special assessments and prevent the city from having to absorb the cost at some later date if the special assessments are challenged. 4114193 - Memo from Dan Deignan outlining Sand Key Power Line project: 1. Revise City Special Assessment Ordinance 2. Determine "assessment roll" 3. Advertise and hold public hearings as required by the revised ordinance, including required notice of proposed assessment to all affected property owners. 4. Proceed with the validation and issuance of City of Clearwater special assessment revenue bonds in the amount of the total estimated project cost. 4127193 - Memo from City Manager asking not to proceed with project until approved by City Commission. 6(3/93 -Agenda item approved "Approve in concept the City's participation in the proposed burying of power lines along GulfBoulevard, and authorize City staff to begin drafting all necessary ordinances and other documents as outlined. 614193 - Memo to Dan Deignan from Al Galbraith about method to use to allocate costs among benefited properties. 7/5/93 - Letter and ballot to residence from Sand Key Civic Association asking for vote on "burying power lines, about $1,000,000, assessing residence on a taxable valve basis" 9116193 Passed on first reading ordinance 5459-93, amending special assessment ordinance to provide for reasonable bases to fund public works projects. Issue of light poles develops - wood or concrete (metal). 1017/93 -Passed on second reading ordinance 5459-93, amending special assessment ordinance to provide for reasonable bases to fund public works projects. 5/15/94 -Agenda item for resolution of light poles settled, $25,000 payment to City in exchange for better light poles. 7194 - Requested estimate from Florida Power for burying power lines and installing light poles. 7115194 -Letter to GE and Vision asking if they expected any reimbursement for burying their lines. 10/94 - Estimate received from Florida Power in amount of $944,101.03. 3122195 - Letter from Vision stating that they expected to receive $46,535. GE stated no reimbursement needed. (3) 4111195 - Letter from City to Vision asking from details of their request (request from Vision for $46,535 was later withdrawn, Sand Key Civic Association disagreed that Vision should get paid). 7113195 - Letter from Florida Power that they will honor estimate on the condition that authorization is received from the City to begin construction no later than 111196. 7124195 - Commission passed Resolutions 95-58 (intent to proceed) and 95-59 (setting Public Hearing for September 7, 1995). 8110195 - letters mailed to property owners noticing the public hearing and the intent to use the uniform method of collection. 8110,17,24,31- Advertisement of public hearing and intent to use uniform collection method 917195 - Public Hearing, Uniform Collection Resolution 95-70, Adopt final assessment roll. Resolution 95-69 917195 - First reading of bond ordinance 5906-95. 9121195 - Second reading of bond ordinance 5906-95. 9/22/95 - File for validation of bond issue. 10195 - Validation hearing. A r E r 01. 11/20/95 - Validation ruling in favor of the City 12120/95 - Validation appeal period over. 12195 - Authorize construction to begin 12/95 - Mail pre-payment letters to 2,855 property owners and begin receiving pre-payments 12/95 - File liens with Pinellas County ongoing - Release liens with Pinellas County for pre-payments 9196 - li year assessment data to Pinellas County 11196 - Collection begins (early payment of 1997 taxes). (4) t F 11:. . $ 9,788.70 25, 000.00 944,101.03 13,000.00 13,000.00 3,000.00 30, 000.00 60,110.27 $ 1, 098, 000.00 .f SOURCES OF FUNDS Bond Proceeds USES OF FUNDS Costs of Issuance Debt Service Reserve Capitalized Interest Project Costs Rounding Amount Exhibit B ITEMIZATION OF PROJECT COSTS Project Costs to Date of Schedule Light Poles Florida Power Financial Advisor Bond Council Tax Collector Administrative Charges Publication, Mailing, and Miscellaneous Costs Total Estimated Project Costs $ 1,400,000.00 $ 42, 000.00 140,000.00 118,801.68 1, 098, 000.00 1,198.32 $ 1,400,000.00 (5) 0 9 cc 5 L Clearwater City Commission Agenda Cover Memorandum Item #: 1-5 Meeting Date./ D SUBJECT: Increase Environmental Legal Counsel Fees for the Manufactured Gas Plant Site RECOMMENDATION/MOTION: Amend existing contract with the legal firm of Akerman, Senterfitt & Eidson, P.A., of Orlando, Florida, to increase the contract by $32,000 for a new total of $102,000, 0 and that the appropriate officials be authorized to execute same. Summary: • The original contract was approved by the City Commissioners on March 18, 1993. The contract specified Mr. William Pence as the attorney to represent the City of Clearwater in environmental matters concerning the Manufactured Gas Plant (MGP) site located at 400 North Myrtle Avenue in Clearwater. • The original contract amount was $40,000. This was amended in September 1995 to increase the amount by $25,000 and again in June 1996 to increase the amount by $5,000. The total contract authorized to date has been $70,000 to cover our first 3 112 years of this environmental site assessment legal work. • Mr. Pence has negotiated an Intergovernmental Agreement between the City of Clearwater and the Florida Department of Environmental Protection (FDEP). The FDEP has broadened the scope of the project, since the discovery of two (2) underground fuel tanks and the City's operation of an incinerator on the MGP site. The cost estimate to conclude the preparation and submittal to the FDEP of a final Contamination Assessment Report (CAP) and the preparations of the insurance claim settlement documents are estimated at $32,000. • Another MGP site in Florida, just collected a sizable insurance settlement for a project similar to our MGP site. Insurance companies who provided coverage over the life of the MGP site maybe held liable for Contamination clean up costs. In fact, American Centennial Insurance Company has just agreed to settle a claim and pay Clearwater Gas System $50,000. Claims are being pursued against several other City insurers. The Gas System Managing Director and Risk Manager believe that these claims are worth pursuing. • The cost of the investigation and resulting mediation of the site is funded through a CGS gas rate rider called Environmental Imposition Adjustment (EIA), which is paid by our gas rate payers under the Gas Reviewed by: Originating Department: Costs: Commission Action: Legal Clearwater Gas System Estimated $32,000 ? Approved Budget Total ? Approved with Conditions Purchasing QVA User Department: Estimated $32,000 ? Denied Risk Mgmt. N/A Clearwater Gas System Current Fiscal Year ? Continued to: Is NIA Funding Source: ACM ? Capital Improvement: Engineering ( Advertised: ? Operating: Date: ® Other: Attachments: r FA) submitted by. ® Not Required Appropriation Code letter from Mr. William Pence Affected Parties 315.95358-5310100- 532-000 ? Notified ? None CI Manager 0 Not Required . 0 Printed on recycled paper 1 System's new Environmental Imposition Adjustment clause. Insurance claim settlements help to offset this Adjustment clause and thereby lower the cost to our gas rate payers. There are sufficient funds in the Gas Environmental CIP code 315-96358 to fund this expenditure. st\agenda\penag96.doc .f .per>i 1 '• f.l . f S. is - is AKERMAN, SENTERRIT 8 EIDSON, PA. ATTORNEYS AT LAW CITRUS CENTER 255 SOUTH ORANGE AVENUE POST OrrICE 00% 231 ORLANDO, FLORIDA 32002.0271 1407) 043-7060 TELECOPY 14071 043-6610 September 11, 1996 VIA TELECOPY and U.S. MAIL Mr. , r. Terry Neenan CLEARWATER GAS SYSTEM 400 North Myrtle Avenue Clearwater, Florida 34615 Re: Former Clearwater Manufactured Gas Plant Site [35331628331 Dear Terry: This will follow up our several recent telephone conversations concerning estimated costs for legal fees to conclude the preparation and submittal to the Florida Department of Environmental Protection ("FDEP") of a final Contamination Assessment Report for the above= referenced site. As you are aware, field work is currently under way on the contamination assessment task. It is anticipated that a final Contamination Assessment Report will be submitted to FDEP within the next six to eight months. Within that same time period, we will be assisting Clearwater Gas System with the pursuit of its claims for insurance coverage against several of its former insurance carriers. At your request, I have included an estimated cost for this effort in our proposed budget. Our current estimate of legal fees and expenses to complete the contamination assessment task and continue negotiations with several insurance carriers over the next ten months is $32,000. Included in this amount is approximately $10,200 of outside consulting expenses in connection with the preparation of the insurance claim settlement document. The balance reflects legal fees and expenses related to completing the Contamination Assessment Report and continuing negotiations with insurance companies during this time period. The basis for the increased legal fees for this project include unanticipated negotiations with FDEP concerning the scope of work, revising the scope of work to respond to FDEP's comments, pursuit of claims against former insurance carriers (which have resulted in one settlement to date in the amount of $50,000), and attending depositions of former employees ORLANDO • MIAMI TALLAF4ASSCE . TAMPA WL57 PALM IWACH 4 E. Mr. J. Terry Neenan September 11, 1996 } Page 2 iconducted by a former insurance carrier's counsel. Please call me if you have any questions following your receipt of this letter. With kindest regards, I am Very truly yours, AKE , SENTERFi'i'T & EIDSON, P.A. jilli L. Pence WLP/bbs cc: Mr. C. S. Warrington, Jr.. Pamela K. Akin, Esquire fl" Clearwater City Coinmission item #; Agenda Cover Memorandum Meeting Date; SUBJECT: Advertising agency contract with Peak Barr Petrelia Blety, Inc. RECOMMENDATION/MOTION: Approve a three year contract, subject to annual budget appropriations, with Peak Barr Petrelia Biety, Inc. to provide advertising agency services to City departments on a project basis within each user departments approved budget for the period October 1, 1996, to September 30, 1999 ® and that the a ro riate officials be authorized to execute same. BACKGROUND: • Many City departments need the services of an advertising agency for promotional campaigns, marketing, informing the public and other services. Among these are Information Management, Tourism Development, Economic Development, Clearwater Gas System, Solid Waste and others. • The agency will augment City staff, giving assistance in marketing and information campaigns, media research and buying, creative and production, public relations consulting and execution. • The City does not have an advertising agency of record so every department must go through the purchasing procedures each time an agency is needed resulting in duplication of effort. • The use of one agency will allow the development of common themes and a common look, when appropriate, to City materials. • The agency will be used on a project basis as the need arises. • Project costs will be based on the agreed upon rates contained in this contract. The total cost associated with this contract is unknown due to the project nature of the work to be done. Each user department will be responsible for not exceeding its approved budget for advertising and promotion. • An estimate will be obtained in advance for each project. Should any project estimate exceed $25,000.00, an agenda item will be prepared to obtain City Commission approval before the project -can begin. • All invoices will be sent to Information Management for payment. Projects will be charged to the originating departments. • A RFP was developed and seven responses were received, Reviewed by: Originating Department: Costs: By Project Commission Action: Legal Information anagernent ? Approved Budget TOW Q Approved WICondifions Purchasin 8 User Dep ent: Per approved ? Denied 4 department 1 a budgets .- Risk Mgmt, Current Fiscal Year ? Continued to: IS NIA Various Funding Source: ? ACM Capld Improvement: Other NIA Advertised: Date: July 12,19,26, 1996 operrttng: Paper-.Tampa Tribune, Warfleld's ? Other: Attachments: Tampa Bay Review, Contract Submitted by. ? Not Required Affected Parties: Approprlatlon Code 0 Notified t Various Departments Cit na r ? Not Required ? None I 1 10 Printed on recycled paper 1 • A six person team from the main user departments including Tourism, Solid Waste, Clearwater Gas, Information Management, and Finance reviewed the responses and visited the four top respondents. • Peak Barr Petralia Biety, Inc. was selected as the best and most responsive based on the following criteria; background and qualifications of company, experience and resumes of team members, hourly rates for service, past experience with government accounts, and results of reference verifications. • The City team visited the four highest scoring agencies. From these visits two agencies emerged as possibilities. • References checks were done on these two agencies and Peak Barr Petralia Biety, Inc. was selected as the best respondent to the RFP. Funding is available in the FY 96197 Operating Budget for each effected department. ADVERTISING AGENCY AGREEMENT THIS AGREEMENT, is made this day of , 1996, by and between the CITY OF CLEARWATER, FLORIDA, (City), P.O. Box 4748, Clearwater, Florida 34618- 4748, a municipal corporation, and Peak, Barr, Petralia, Biety, Inc. (Agency), 1715 North Westshore Boulevard, Suite 450, Tampa, Florida 33647, a corporation duly organized and existing under the laws of Florida. WHEREAS, City selected Agency to provide Advertising Agency Services pursuant to Request for Proposal 175-96 (Exhibit A); WHEREAS, Agency agrees to act as City's advertising agent under the terms and conditions in this agreement and Agency's Response to Request for Proposal 175-96; NOW THEREFORE, the City and Agency do mutually agree as follows: 1. Scope of Project Agency agrees to act as City's advertising agency of record and shall be proficient in media research, planning and buying, public relations consulting and execution, creative and production, marketing consultation and research. Creative projects include, but are not limited to, radio and television commercials, direct mail and fulfillment, print advertising, literature and special promotions as required by the city. 2. Term Agency agrees to act as City's advertising agent beginning with the date of execution of this agreement and ending September 30, 1999. City and Agency agree that all funding for this agreement is subject to annual budget review and approval by the Clearwater City Commission. Either party may terminate this contract with sixty (60) days written notice to the other party. Upon receipt of notice of termination, Agency shall not commence work on any new advertisements, but it shall complete and place all advertisements previously approved by City. City shall have no further obligations to Agency under this agreement except for the payment for the completion of all approved advertising. 3. Compensation City agrees to reimburse Agency for all costs incurred and expenditures made on behalf of City for advertising approved by the City Project Manager as specified. below: (a) . Agency shall receive a commis ion of fifteen percent (15%) of the gross charges for all media space, time, facilities and production approved by the City Project Manager. (b) Agency shall receive the standard hourly rates described in Exhibit B for all Agency staff time services. (c) Agency shall provide advance estimates to the City Project Manager for all advertising costs and expenditures. All public relations services shall be paid by City at Agency's cost as detailed in the billing procedures. (d) City agrees to reimburse Agency for costs incurred for reasonable administrative expenses, including but not limited to, travel, lodging, messenger service, postage, shipping, photocopies, and long distance telephone charges. All costs for reimbursement must be itemized and billed to a City approved project and are subject to the City Project Manager's review and approval. Agency agrees that it will not be reimbursed for travel and administrative expenses to or from City's offices in Clearwater, Florida. 4. Billing Procedures Agency shall use the progress billing system approved by the City Finance Department and agrees to bill City monthly for all charges incurred during the 2 preceding month. Monthly bills will be forwarded to the City Project Manager for approval and payment. The final billing for each project will carry a summary of all previous billing and payments received by Agency. City shall be entitled to proof of payment of all sums expended on behalf of City. City shall have the right to examine the books and records of Agency in regard to the City's account at all reasonable times. City agrees to make payments pursuant to the Florida Prompt Payment Act, Florida Statutes, Section 218.70. 5. Reports Agency agrees to provide to City reports on all projects upon request by the City. All reports shall comply with City's recycled and recyclable products code requirements, Clearwater Code, Section 2.601. 6. Project Managers Agency agrees to designate Glen C. Peak as the Project Manager and to supervise the performance of this agreement on behalf of the Agency. Agency agrees that Project Manager shall provide appropriate staff members with experience and qualifications necessary to complete all projects on behalf of the City. The City Project Manager will be Jeffrey Harper or his designee for all matters relating to this agreement. 7. Indemnification and Insurance Agency agrees to protect, defend, indemnify and hold the City and its officers, employees, and agents harmless from any and all losses, penalties, damages, settlements, costs, charges, professional fees or other expenses or liabilities of every kind and character arising out of or due to any negligent act or omission of Agency or its employees or subcontractors in connection with or arising directly or indirectly out of this agreement and/or the performance hereof. Without limiting its liability under this agreement, Agency shall procure and maintain during the life of this agreement 3 Advertising Agency Liability Insurance (Errors and Omissions) with minimum limits of one million dollars ($1,0000,000) per occurrence. This provision shall survive the termination of this agreement and any amendments. 8. Public Records Law Agency agrees to comply with all requirements of Florida Public Records Law and that any and all contracts, correspondence, books, accounts and other sources of information relating to City's business shall be available for inspection at its offices by City's authorized representatives during ordinary business hours upon reasonable notice to Agency. 9. Proprietary Materials Upon termination of this agreement, Agency shall transfer, assign and make available to City or its representative all property and materials in Agency's possession or control belonging to City and paid for by City. Agency also agrees to give all reasonable cooperation toward transferring all contracts and arrangements with others for advertising materials yet to be used, upon being released from obligations hereof. However, at termination, unused or unpublished advertising plans and ideas prepared by Agency and not paid for by City shall remain Agency's property regardless of whether or not the physical embodiment of the creative work is in City's possession or is in the form of copy, artwork, plates, etc. 10. Attorney's Fees The parties agree that this agreement sets forth the entire agreement between the parties and no representations or promises not specifically set forth herein shall affect the duties or liabilities of either party. Parties further agree that if either party seeks to enforce this agreement through attorneys at law, then each party shall bear its own attorney's fees and costs for such enforcement, and jurisdiction for such actions shall be in a court of competent jurisdiction in Pinellas County, Florida. 4 (SIGNATURE PAGE FOR AGREEMENT BETWEEN THE CITY OF CLEARWATER AND PEAK, BARB, PETRALIA, BIETY, INC.) IN WITNESS WHEREOF, the City and Agency have executed this agreement on the date first above written. Countersigned: CITY OF CLEARWATER, FLORIDA By: Rita Garvey Elizabeth M. Deptula Mayor-Commissioner City Manager Approved as to form and Attest: legal sufficiency: John Carassas Assistant City Attorney Attest: Secretary Cynthia E. Goudeau City Clerk PEAK, BARR, PETRALIA, BIETY, INC. (Agency) By: Glen C. Peak, President s:ljskinnerladvertis.agt k 5 1-" L CITY OF CLEARWATER REQUEST FOR PROPOSAL 175-96 FOR ADVERTISING AGENCY SERVICES ISSUE DATE: July 15, 1996 SEALED PROPOSALS WILL 4:00 P.M., August 5, 1996 BE RECEIVED UNTIL: and then publicly opened. ALL INQUIRIES FOR INFORMATION SHOULD BE DIRECTED IN WRITING TO: HAND DELIVERY, MAIL, OR EXPRESS MAIL SEALED PROPOSALS: All proposals (one original and seven copies) must be returned in a SEALED ENVELOPE clearly marked on the front "Proposal 175-96." George McKibben, Purchasing Manager Fax (813) 562-4635 City of Clearwater, Purchasing Division 104 So. Myrtle Avenue Clearwater, Florida 34616 EXHIBIT A TO'd 1.0 PURPOSE AND 1MODUCTION The City of Clearwater, with a population of 100,000+ full time residents, is located on Florida's west coast, just north of St. Petersburg and west of Tampa. With one of the most beautiful stretches of public beach anywhere on the Gulf, the local economy relies heavily on tourism and related service indushies. The City is soliciting bids for a full service advertising agency, who would work on a project basis, for various City dep=nants including, but not limited to: Tourism, Clearwater Gas System, Public Works. Information MaaagementlPublic Information; Economic Development, Marina and Parks and Recreation. 2.0 TIME AND DATE DUE The City of Clearwater will reccivc proposals until 4:00 pm August 5, 1996. 3.0 DELIVERY REQUIREMENT The delivery of submissions to the City of Clearwater Purchasing Office prior to the specified date and time is solely and strictly the responsibility of the vendor. Proposals received after the above stated date will not be considered. Ten (10) copies of submissions of all the information =Vested in this RFP shall be submitted . cl=ly marked on the outside "RFP # 175-96" to the attention of the City's Purchasing Manager, George McKibben, City of Clearwater, PO Box 4748, Clearwater, FL 346184648 or delivered to 100 S. Myrtle Avenue , Clearwater, FL 34616 prior to 4:00 p.m. on August 5, 1996. 4.0 CALENDER OF EVENTS A) Release Date of RFP $) RFP Return date & time C) Selection of top candidates D) Agency visits E) Staff recommendation due (agenda item) 1) City Commission Action July 15, 19% August 5, 1996 August 9, 1996 August 12 - 16, 19961 August 21, 1996 September 5, 1996 10/10'd 96917z9SETS '1944 NO11Mk0-M LT:91 96 T--TT-d95 5.0 SCOPE OF PROJECT The goal of this RFP is to select an advertising agency of record for the City of Clearwater. The agency will work on a project (not fee) basis, and be available for creative services when needed. The agency would be expected to be proficient in media research, planning and buying, public relations consulting and execution, creative and production, marketing consultation, and research. Creative projects include radio/TV commercials, direct mail and fulfillment, print advertising, literature and special promotions. Comma EMvisigns: Project basis without specified budget Beginning October 1, 1996 Maximum of three (3) years with annual reviews Cancellation clause 6.0 INFORMATION AND DOCUMENTS TO BE SUBMITTED Each responding vendor will submit the following information and documentation: * Brief background about the company , including top management and current financial report. * Length of time in business. * Structure. of the Agency. * Resumes and background/experience of all those who would be assigned to the account. * Location of business. Please state if you have other accounts in Pinellas County and how you would propose to service our site. * Experience working with governmental agencies. * Agency philosophy and service capabilities. * Proposal for handling standard fees for the purchase, of media services. * Agency needs to provide information regarding capability, experience, background and background for the following. Samples may be submitted. 1. Creation and production of advertisements and promotional media 2. Media research, buying and planning 3. Public relations consulting and execution 4. Marketing consultation 5. Direct mail and fulfillment 6. Promotions 7. Research * Government based rates per hour/per function * Affiliations * Are you representing another government agency that may be competing with the interests of die City of Clearwater? If so, how will you resolve this? * References (minimum of 5) * Sample contract 2 7.0 INQUIRES AND ADDENDA Each respondent shall examine all RFP documents and shall judge all matters relating to the adequacy and accuracy of such documents. Any inquiries, suggestions, or requests concerning interpretation, clarification, or additional information pertaining to the RFP shat! be made through the city of Clearwater's Purchasing Manager, George McKibben, at P.O. Box 4748, Clearwater, FL 34618-4748; or- 100 S. Myrtle Avenue, Clearwater FL 34616; or FAX 562-4635. The City shall not be responsible for oral interpretations given by any City employee, representative, or others. The issuance of a written addendum is the only official method whereby interpretation, clarification, or additional information can be given. If any addenda are issued to this RFP, the City will attempt to notify all prospective vendors who have secured same. However, it shall be the responsibility of each vendor, prior to submitting the qualifications package, to contact the City of Clearwater's Purchasing Manager (813-5624630) to determine if addenda were issued and to make such addenda a part of RFP. 8.0 RESPONDER PREPARATION EXPENSES Each responder preparing the proposal in response to this request shall bear all expenses associated with their preparation. Responders shall prepare a response with the understanding that no claims for reimbursement shall be submitted to the City for the expense or presentation. 9.0 SIGNATURE Responders shall acknowledge by authorized signature that it has read and concurs and/or takes exception as noted to the requirements listed in this RFP. 10.0 SELECTION CRITERIA Selection shall be based on the following considerations with each item weighted according to the percentage number: 1) Background & qualifications of company ...................................................... 25% 2) Experience and Resumes of Team Members ..................................................25% 3) Hourly rates for Service .................................................................................. 20% 4) Past experience with government accounts ...................................................10% 5) Results of reference verifications .................................................................... 20% The final selection will be made by a committee composed of one representatives from the Office of Tourism, four representatives from the Information Management Department, one representative from the City Manager's Office and one representative from the Finance Department. 11.0 STANDARD REQUIREMENTS FOR REQUESTS FOR PROPOSALS Vendors must adhere to all requirements as stated on the attached form. 12.0 WRITTEN AGREEMENT/CONTRACT Any party providing services or products to the City will be expected to enter into a written agreement or contract with the City that incorporates all of the pertinent provisions relating to insurance and insurance requirements as contained herein. A failure to do so may, at the sole option of the City, disqualify any bidder or proposer of services and/or products to the City. 4 1 ExpulDiT B PEAK, BARR, PETRALIA, BIETY, INC. HOURLY CHARGES HOURLY RATE CREATIVE DEVELOPMENT/PRODUCTION Concept and Copywriting $ 85 Design $ 85 Broadcast Production $ 85 Computer Creative Services $ 85 Computer Production Services $ 85 Computer Typography' $ 85 Print Production Supervision $ 55 ACCOUNT SERVICE President and Vine President $ 85 Account Supervisor $ 75 RESEARCH Analyst $ 65 Assistant Analyst $ 45 GENERAL ADMINISTRATIVE TIME $ 45 MEDIA SERVICES * $ 70 TRAVEL TIME (on behalf of client) Half of the billable rate * If not covered by media commission. January 1, 1996 R e =inn ',? To: Betty Deptula, City Manager 1, 1 Interoffice Correspondence Sheet From: Jeff Harper, Information Management Directo `, _.. CC: Laura Crook, Assistant IM Manager j Date: September 16, 1996 RE: Advertising Agency Agenda Item The purpose of the City contracting with an advertising is to give the City access to the expertise an agency can provide when we need it. As the City plays a more aggressive role in tourism promotion, economic development and the marketing of Clearwater Gas among other projects, this service is becoming more important than in the past. Having an agency of record for a somewhat extended period will enable the City to have continuity in its marketing and promotional'efforts. The agency will develop a sound understanding of what the City is trying to do and how the City works. This will reduce the amount of time the agency will have to spend on individual projects. A common look to materials will be achieved where appropriate. Promotional themes will be more easily incorporated into marketing projects across departments. The agency will be used in a way to augment rather than replace City staff, e.g., when possible graphic materials designed by the agency will be produced by Graphic Communications. The agency will be used by various departments for their own projects. For example, Solid Waste might use the agency to develop a new recycling campaign, Clearwater Gas might use the agency to design a campaign for Pasco County expansion, Tourism Development might need a new television spot produced. As of right now, we do not know what specific projects will involve the agency. Many departments have their own advertising and promotion budgets. The total amount budgeted for advertising in the City for FY 96197 is $441,970.00. Much of this money is for specific advertising requirements that are legal obligations, such as, all sorts of legal ads, employment ads, bid announcements etc. Of course an advertising agency is not needed for these. Some departments that are involved more actively in marketing and promotion have some in house expertise that can meet the needs of many of their projects. It is anticipated that the agency will be used for campaign design, creative assistance, research, etc., only on major projects. Each department will be responsible for staying within its approved budget, and any project estimated to cost more than $25,000 will require Commission approval, Due to the project nature of the use of the agency we cannot make a realistic estimate of the total that might be spent using their services. In succeeding years we will have a history upon which to base agency cost estimates. The current agency rate card is attached and included with the agenda item. We will obtain an estimate for each project based upon these rates before any project is undertaken. MEMORANDUM TO: The City Commission FROM: Betty Deptula, City Manager lot SUBJECT: Advertising DATE: October 15, 1996 The following is a brief description of the advertising monies approved in the 1996197 budget and what the monies will go towards. Department Budget Funds Description Tourism $143,410 Marina Brochure, Restaurant Listing, Accommodations, Jazz Holiday Brochure, Activity Packages, Guide and Promotional Pieces, Display Materials, Select Target Newspaper, Magazine, Travel Guides for Domestic and International and Targeted Fishing Publications. Human Relations $ 1,500 Placing Ads for services in Fair Housing and Non- Discrimination in Employment City Clerk $ 30,000 Legal Ads Information $ 50,000 Promoting Economic Development, Report to Citizens, Management Users Guide for Citizens, Special City Projects and Programs and General Promotion of the City of Clearwater as a place to live and do business. Human Resources $ 15,650 Employment Ads Engineering $ 19600 Advertisement for Project Bids Marine $ 14,000 Ads in Waterway Guide, Waterfront Facilities Guide, Tide Tables, Suncoast Sailing,Nautical Guide and Newspaper ads. Economic Development $ 900 Legal Ads for Citizen Participation Parks & Recreation $ 29100 Recruitment ads for athletic officials, contract instructors; miscellaneous program ads in annual magazines; newspaper ads for various recreation programs. Gas $130,100 Cable TV, print media, stadium fence ads, builder cooperative advertising, audio visual display Solid Waste $.2,170 Service Schedule Changes in the Newspaper Recycling $ 6,540 Commercial Recycling and Roll-off sales Harborview $ 40,000 Placement of National and Local printed media ads Finance $ 4,000 Purchasing's bid ads OCT-14-1996 08:32 I NR3 "AT 1 ON MGT. REQUEST FOR PROPOSAL 175-% FOR ADVERTISING AGENCY SERVICES PROPOSAL SUBMISSION LWr CS", NCORPORATED 600 CL1inLAND STREET SUITE 720 CLBARWATER, FLORIDA 34613 CONTACT: JERF'RBY F. STORY PRESIDENT PHONE: 8LV447.3396 6135624696 i'.01/01 FQK ADVERTISING, INCORPORATED 15351 ROOSEVELT BOULEVARD CLEARWATER. F ORIDA 34620 CONTACT3 ROBERT Q FALLER PRESIDENT / CRO PHONIC: 8131339-8300 PARADIGM COMMUNICATIONS, INCORPORATED 5301 WEST CYPRESS STREET SUITE 314 TAh[PA, FLORIDA 33607 CONTACT: VINCSNT.L FAHRMZI PRFSIDEM PHONE: 813 2874)028 PEALiSON, THOMAS HALLMARK Q200 COURTNEY CAMMEM CAUSEWAY BAYPORT PLAZA, SUITE M TAMPA, FLORIDA 33607-1408 CONTACT: MICHAEL G THOMAS PHONI1t #131281ASll PEAK BARR PETjtALIA BIILTY, INCORPORATED 1715 NORTH WFSrs ORS BOULEVARD TAMPA, FLORIDA 33607 CONTACT: JAN GEORDANO MEDIA DIRECMR PHONE: 81348941M THE HUGHES GROUP, INCORPORATED 770 FOURTH AVENUE NORM SAINT PR7 6115HURG, FLORIDA 33701 CONTACT= KLMBERI.L HUGHES PREBl sm PHONE: SISM14LIO TOUARO ADVERTISING AND DESIGN. INCORPORATED 12600 SOUTH BELCHER ROAD so= 101 LARGO, FLORIDA 34643 CONTACII CEASAK A. TODARO PRESIDENT PRON14 $13/531.3392 REQUEST FOR PROPOSAL TABULATION PROPOSALS SOLICITED: 22 PROPOSALS RECEIMi 7 "NO -PROPOSAL* RESPONSE: I NO RESPONSE: 14 ADVERTISING TAMPA TRIBUNE: JULY 12 & 19, 1996 WARFIELD'S TAMPA DAY REVIEW: JULY 19 do 26, 1996 77-7 •'r" •.r •?j, 7 li? ?-r?•1,1 , r • REQUEST FOR PROPOSAL #175-96 /ADVERTISING AGENCY SERVICES I ?P SELEST[ON CRITERIA Selection shall be based on the following considerations with each item weighted according to the percentage number: i) Background & qualifications of company (25°x6) fCAk 10.44A AfX-0 Pc.!!so v - F'l'y. 7'o,D,4 DD c~,c?Sx9 I`lyti -?' g ?. 2 0 r 7 S' $ z) Experience and Resumes of Team Members (25%) -2 rj Zp I? i? !p 7 9) Hourly rates for Service (20%) a) Part experience with government accounts (10%) s) Results of reference verifications (20%) W14 T0;P v Ta9)f Do c r?srf t/ rr1/?S eta r?A ???F?? ?'? p?' y 5 3 g .? s 1 g Name 7,edv Date .. ?..5 l /q fz? 76 -jA Flo rfi(i Ater74K& 94,N74 rtd? w ?1I0%RY 13 ???? t??l?7o v 0/T0'd 5594 £T9 'JIM NDI it?lO?lI IT M %GT-17T-IM W d -MIM F /gif b k IG `r REQUEST FOR PROPOSAL #175-96 ADVERTISING AGENCY SERVICES =f141iV49( W911f y W6'rZ40, SELECTIaN CRMM Selection shall be based on the following considerations with each item weighted according to the percentage number: t) Background & qualifications of company (25%) P OAK A of AX lirl vns? ?rrri??'? .? s d<4 ,,#- llow-06 ?xee.*r j#AI,0'r 047.00-Wr P?s/A?s7?/?? „? 40,a .*t8;014 30WAL toss +wAM AvAc rsF &fC*e4 At.*A 2) Experience and Resumes of Team Members (25%) ,SeM.*A. s v dAY l.**VA-Ve-O 7'^K."4/.a ,?lc:/r•? r3G ?Y1? Sw ll? Gr TO' 'ot 04-~ /e 4 ,tw?er f ?. d s aa?cr lvstr?te3vT' A 6 rg aarkEcre'd 047 7xWer DP' vlsiT, 3) Hourly rates for Service (20%) s'?a? .cdssrr.•?vst? ,rs<.r?. ?wrs? fiz?,dq??'r// rr da,rdd. fv?r e-,ellrltw?Vt a) Past experience with government accounts (I M) Ft. Aw.. or 4toxne44!r 7-4W.4 64Y P1A7AVrr re11-' g- f" &wv T?W?A- r?FalAtt/Y1<1?? ' cv8 lop ?eYy or tdRtie )rD? r s) Results of reference verifications (20%) xlr,?« it Ae r Tv eAv w yowx- ,ors<?r+r.?s F'rr v e",47lrC- .iyPE.2 70 ArVI K *W711 vCa.Y 1Xr,91-PeD °1 a . a At& t Y 4 Po, 1 ' i{ 'LA 70 t,? AK 9+e7lf s?.+?crrrcF-1 kp r ?e?e?s?8i? Name -4 -e" - Date _ s./2 s' 176' _ __-- ?n???e r 0-0,60 ro 0411-4,014,14. d ovt?.?se'•vr e?rc? ' Doti r; 7-o P?!/???ll?r . 3P C7?.s. A..N?ia+??.er.?•r _ P?,1k Ar? • oi-copvmwr ry 4ee cZO/M' d %9VZ9M1FJ ' I - E W N O I It U 1 0 - - N I T T : T T %61-PT-IM a-- =Ma Clearwater City Commission Agenda Cover Memorandum Item #: Meeting Date: 0.1 `Z.9 SUBJECT: Clearwater/Pinellas County Cooperative Geographic Information System RECOMMEN DATIONNOTION: Approve an inter local agreement between the City of Clearwater and Pinellas County for the period of 3 years,plus two (2) optional one (1) year extensions for Geographic Information System (GIS) services to be effective upon approval by the City Commission and the Pinellas County Board of County Commissioners; approve purchase of hardware and computer licenses at an estimated cost of $315,806.84 in accordance with Code Section 2.564(1)(d) Other Governmental Entity (state contract); authorize the creation of four (4) additional GIS positions at an estimated cost of $150,000/year for staff and benefits for year one and an estimated maximum cost of $318,240 for years two and three; accept a grant from the Substance Abuse Advisory Board in the amount of $173,105.13 with a City match of $46,311.71 (contraband forfeiture funds); recognizing a County match of $11,390 and accept a grant from the United States Department of Justice, Weed and Seed Program in the amount of $35,000.00 © and that the appropriate officials be authorized to execute same. BACKGROUND: • A GIS system links graphical and database information. The system will provide a centralized repository for all geographic related City data, and eliminate the need for redundant databases. Currently, Central Permitting, Community Response, Clearwater Gas System, Infrastructure, Police and Engineering all develop and maintain individual tracking systems to record geographic related information. • Once the databases are built and applications developed, a GIS system will allow access to a property address and display a graphic drawing of the property location. Users can then "drill down" into multiple layers of information such as the location of water/gas/sewer lines; what permits have been pulled for that property; hazardous materials stored at the property and so on. • The City of Clearwater has been researching the options available for implementing a GIS system since the County started their GIS project 7 years ago. A team of City staff members took site visits to Pinellas County, the City of Orlando and Tallahassee; contacted five (5) other Florida municipalities that have implemented GIS systems and met with vendors of GIS products. Reviewed by: Legal Budget Purchasing Risk Mgmt. Is ACM Other submitted by: Cit Originating Department: tq Costs: 7$ . oy '• '? Commission Action: Informati Managemen on -- $ri•+19,104.84 ? Approved t A % % L Total ? Approved wlCondilions User Department: $465,006.04 ? Denied I e, CGS, Central Permitting, E i i f Current Fiscal Year ? Continued to: ng neer ng, In rastructure Funding Source: IN Capital Im9rovemen14 Advertised: ® operating: Date: ? other: Attachments: Paper: Contract ® Not Required Appropriation Code Affected Parties: 315-94736-5xxx00.519-000 ? Notified 181-99376.5xxxOO-519.000 ? None ® Not Required 181.99377.5xxx00-319-000 0 Printed on recycled paper • This research showed that there is a very significant cost in both time and money associated with setting up a GIS system from scratch. Actual productive data cannot be produced from a GIS until 4 - 5 years after the project starts. • It is the conclusion of the City GIS Team that the City will be able to get productive information from the City GIS in 9 months or less, by using the County database, applications and management resources to give the City a significant head start on the project. + The Police have already experienced success in working with the County. The County's GIS staff has been taking City crime data and creating maps showing the frequency of certain types of crimes in various areas of the City. • This proposal covers the implementation of three GIS servers - two for the Police Department and one for general City use. The total cost of the Police project is about $30,000 higher than the general City costs, primarily due to the purchase of two separate servers for Police. • The inter local agreement will provide the City with the right to use the County's GIS license, and will provide the City with experienced GIS system programming, implementation and management support from County staff. General City GIS System • The general City server hardware will be a Digital Alpha/AXP Server, which will be added to the City's enterprise network; utilizing the Oracle database software. Costs include fiber optic interfaces, Oracle software licenses, software support and 3 years hardware maintenance. • The City GIS server will be accessible to all Enterprise Network users with proper security and licensing authorization. • The physical connection from the County office building to the City servers will be via City owned fiber optic cable. This high speed/wide bandwidth connection is required due to the large size of GIS files. • The fiber from the Police to the Municipal Services Building, and from the new Police Headquarters to City Hall is already in place. The fiber from City Hall to the County is being installed by GTE as part of the GTE cable TV franchise agreement. • The City will establish four (4) new GIS technician positions at an estimated cost of $150,0001 year including benefits. These positions will be located in the County GIS Department, but will be dedicated to City GIS data entry and application development. City and County will co-manage these positions as stated in the inter local agreement. • The City GIS Team (consisting of members from 9 City departments) will work closely and regularly with the County to determine what applications should be developed and to establish priorities. • The general City GIS system will be managed by the County, based on this agreement, until the City employees, working at the County, are experienced enough to take over the management of the project. At that time the two (2) general City GIS staff members will be relocated to the City. This is estimated to occur in 1999. • At the completion of the inter local agreement, the City will need to purchase appropriate upgraded hardware, upgraded database licenses and purchase licenses for the GIS system itself. The estimated cost of these items for the general City system, is $740,004, funded in CIP #315-4736. • The City or County may terminate the agreement for "just cause", such as the failure of either party to perform agreed upon duties or with 30 days notice by either party. • Funding for the general City hardware and computer licenses totaling $125,000 is available in the capital project #315-94736, Geographic Information System. • Funding in the amount of $18,750 is available in project # 315-94736, Geographic Information System included for staff and benefits. Funding in the current FY 96/97 General Fund /non-departmental, in the amount of $56,250, is available to fund the balance of the 2 general City positions for FY 96/97. Police GIS System • The City, in collaboration with Pinellas County Criminal Justice Coordination, has been awarded two (2) grants to implement a pilot GIS system for use in law enforcement. Funding for the Police GIS system is available from these grants and matching contraband forfeiture funds. • The first grant awarded was through the Pinellas County Substance Abuse Advisory Board (SAAB) in the amount of $173,105.13 with a City match of $46,311.71 (funded in project #181-99376, Geographic Information System) and County match of $11,390.00. The second grant awarded was a Weed and Seed grant through the U.S. Department of justice, Office of justice Programs in the amount of $35,000.00, with no match. These grants will supply all needed hardware, software, training and the staffing costs for one (1) year. • Due to the sensitive nature of Police data, the Police database will be maintained separately from the general City database. However, with Police approval, selected general City departments will be able to look at appropriate Police data through the Enterprise Network. • The Pinellas County Criminal Justice Coordination Office plans on installing GIS in all law enforcement agencies in the County, pending the Police Department's success with the pilot project, with funding anticipated from future grant opportunities. Any upgrades to the Police GIS system would be the result of expansion to support other agencies, and the majority of the funding supplied from future grants. • Due to the collaboration between the Police Department and the Criminal Justice Coordination Office, the hardware selected for the Police GIS system will be IBM RS6000 servers. • It should be noted that the inter local agreement commits the City to funding the four (4) positions for a minimum of three years. County and City staff agree that it would be impractical to hire and train qualified people if the position is only funded for a 12 month period at a time. • Two of the positions will be paid, for the first year, from Police grant funding. It is anticipated, but not guaranteed, that the grant funding will be extended to cover year 2 and 3 of the contract. • The annual maintenance and staffing costs for years two (2) and three (3) for the Police IBM servers ($9,000.00 Maintenance per year and $75,000 staffing per year) are not currently funded by the grants, as the grant funding was only valid for one (1) year only. The SAAB grant will be eligible for renewal consideration. • The current year's operating budget included funding of $56,250 or the equivalent of :/a year funding for two positions. The financial impact in fiscal years 2 and 3 will be as little as $18,750 if grant funds are awarded for Police costs in those years or as much as $102,750 ($18,750 two positions A of year; $75,000 to support the Police Department positions, and $9,000 for system maintenance). i ' i ' I • Since the Police project is affiliated with the County's Criminal Justice Office, and the County is obligated . to maintain the Criminal Justice Office's GIS system, the Police employees may continue to be located at the County and using the County licenses beyond the three year initial inter local agreement term. • The details of the grant awards are available in the City Manager's office. INTERLOCAL AGREEMENT TO PROVIDE GEOGRAPHIC INFORMATION SYSTEMS SERVICES TO THE CITY OF CLEARWATER THIS AGREEMENT, is made and entered into this day of 1996, by and between PINELLAS COUNTY, a political subdivision of the State of Florida and the CITY OF CLEARWATER, a Florida municipality. WITNESSETH: WHEREAS, the City of Clearwater (hereinafter the "CITY") and Pinellas County (hereinafter the "COUNTY"), desire to work together to provide various Geographic Information System (hereinafter "GIS") services to City through the Florida Interlocal Cooperation Act of 1969 until such time that the CITY and COUNTY mutually agree that it is more effective and expedient for the CITY to assume all of their GIS requirements themselves; and WHEREAS, the COUNTY proposes to provide guidance and support for the design, installation and implementation of a Citywide computerized GIS (hereinafter the "PROJECT") serving the CITY; and WHEREAS, the COUNTY and the CITY have determined that it is in the public interest for the CITY to maintain and operate the PROJECT subsequent satisfactory completion of the training and development phase of the PROJECT which is not to exceed five (5) calendar years; and WHEREAS, it is the purpose of the Cooperation Act to provide a means by which the COUNTY and CITY may exercise the respective powers which they have in common and which they each might exercise separately and the CITY and the COUNTY desire to cooperate in this effort to maximize efficiency and minimize cost to the taxpayer; and WHEREAS, the COUNTY'S sole purpose in providing GIS services to the CITY is to allow the CITY, and ultimately the Citizen, to benefit from the experience and technical expertise the COUNTY has acquired over the previous six (6) years. The COUNTY seeks a positive relationship in this regard. It must be understood that the COUNTY is not selling a service, but rather sharing its resources to achieve a cost-effective and efficient utilization of GIS related expenditures. With this in mind, the COUNTY will do its best to accommodate the CITY's requirements without negatively impacting its own obligations. All services rendered will be on a best effort basis and, therefore, not subject to the scrutiny normally associated with purchased services; acid WHEREAS, it is recognized that this Agreement provides a general framework for a mutually advantageous relationship, and that only experience will allow both parties to establish an effective operating protocol. This document does not attempt to include a detailed method of operation. The success of this endeavor is subject to the definition of such structures and the latitude to adjust them as circumstances dictate. It will be, therefore, critical that both the CITY and the COUNTY participate in meaningful dialog on a regular basis in this regard. The COUNTY will entertain all reasonable recommendations, but reserves the right to make the final decision regarding issues that impact to the COUNTY's GIS effort. NOW, THEREFORE, in consideration of the premises and the mutual covenants contained hereinafter to be undertaken by the respective parties hereto, the parties mutually agree and covenant as follows: Section 1. &Whori This Interlocal Agreement is entered into pursuant to the general authority of Section 163.0 1, et,-&q. Florida Statutes, relating to Interlocal agreements and the specific authority of Sections 5(3) and 5(6) of Chapter 73-594, Laws of Florida, as amended. Section 2. Term This Agreement will in effect be for three (3) years, from the date of execution and any extension thereof. This Agreement may be renewed subject to written agreement of the parties for up to two (2) additional one (1) year periods. Any wish to exercise the optional year(s) will be accomplished by written amendment and mutually agreed to and signed by both parties. In order to exercise option year two (2), option year one ( I ) must have been exercised. The maximum number of years of this Agreement equals five (5) years. Section 3. cancellation Either party may cancel this agreement without cause by giving thirty (30) days written notice of the intention to cancel or with cause immediately if the other party fails to fulfill or abide by any of the conditions herein specified. Section 4. Star Four (4) permanent positions, with job classifications equal to those of the County's Programmer Analyst and/or Automated Cartographer Specialist III will be established, employed and supervised and disciplined by the CITY. The CITY is and will remain the employer for these positions for all purposes. These positions, hereinafter referred to as "CITY Support Staff," will be wholly funded by the CITY. The COUNTY and the CITY shall assign the staff duties 2 specific to the Clearwater GIS implementation and/or projects that have "mutual benefit" to both parties. The definition of "mutual benefit" is agreement by both parties as to the relevance of the activity to the CITY's project. All major assignments will be identified and agreed upon by the CITY and the COUNTY prior to commencement. A project plan and work schedule will be delivered to the CITY at monthly project update meetings. Section 5. Employee-Selection The CITY will interview and select the CITY Support Staff to effectively absorb the extra workload associated with the CITY's GIS requirements. The CITY will subsequently hire and supervise the CITY Support Staff for the duration of the term outlined in this Agreement, including any optional years exercised. Employee selection will be subject to the normal hiring practices of the CITY. Upon termination of the Agreement, the CITY agrees to offer employment to the CITY Support Staff at equivalent (or better) pay rates and job classifications, only if such budget allocation is authorized by the City Commission in its annual budget. Section G. Charees The CITY shall be fully responsible for all personnel costs associated with the CITY support staff. The CITY will also be responsible for all costs associated with any third party training that is over and above that which the COUNTY can provide on a timely basis and subject to the terms outlined in Section 7, Training. Section 7. Trainina The COUNTY will have the responsibility of providing the CITY Support Staff, technical training in the GIS and database disciplines to the extent that is applicable to the CITY's GIS implementation. However, this training will not be at the technical level that is traditionally referred to as a "Data Base Administrator." The COUNTY's goal is to establish a broad technical foundation so the CITY can ultimately manage its own effective GIS implementation. Although the CITY will attempt to hire individuals with the general skill-sets necessary to effectively manage their diverse GIS responsibilities, it is recognized that technical complexities, project priorities and/or time constraints, may require some "third party" training. The COUNTY will be responsible for outlining the benefits of such training and the ramifications of not proceeding with the same. The CITY and the COUNTY may agree that third party training is the best course of action in this regard. The CITY will contract directly with the training-provider to accomplish these training needs. The COUNTY will adjust the employce(s) schedule to accommodate the training requirement. 3 Section S. SupDort The COUNTY will provide the technical expertise for the design and implementation of the PROTECT and will supervise the work of the CITY Support Staff. As used hereinafter, the PROJECT includes, but is not limited to, the computer(s) hardware, software, output peripherals, and any other computer-related infrastructure necessary to deliver an effective GIS implementation to the CITY. Section 9. Division of Project Responsibilities The CITY will be responsible for the maintenance and continuous operation of the IBM RS6000's and ALPHA AXP computers, associated output peripherals, network components, and operating systems software (heretofore referred to as the SYSTEM) that is dedicated to the CITY'S GIS database. The COUNTY will work to insure all system capacity is effectively utilized and will recommend system upgrades when appropriate. The CITY will also be responsible for purchasing and maintaining all computer hardware upgrades to the SYSTEM necessitated by excessive processing load. The COUNTY will be available to consult and/or assist with any system related issues. The COUNTY will make every effort to ensure the SYSTEM is in a constant state of readiness, but cannot be held responsible for poor system performance, down time, and data corruption. The COUNTY will manage the Oracle database, Vision product, and any associated layered software products, until such time that the CITY and COUNTY mutually agree that such operation can be managed in an efficient and effective manner by the CITY exclusively. Section 10. System Mananemand The CITY will maintain and operate the SYSTEM in a manner that will promote effective and efficient processing of data, agrees with generally accepted maintenance practices, and is consistent with the design limitations of the PROJECT. The COUNTY will work with the CITY to establish and enforce a secure operating environment, including system, database, and application security. The CITY will be responsible for all data backup, archival, and off-site storage, if applicable. Section 11. Sof__twarg Management The COUNTY will be responsible for all GIS related software configuration, development, and support, except as defined in Section 13, External Services. The COUNTY'S Data Base Administrator will be provided exclusive DBA access privileges to the ORACLE database until such time as the COUNTY feels the CITY'S technical staff has achieved a competent experience level. 4 Section 12. Proiect_Slice ifications The COUNTY and the CITY will establish a work plan and schedule that will move the PROJECT along in a general direction based on its knowledge of the CITY'S GIS requirements. The CITY will be responsible for defining and prioritizing specific projects and system requirements. All requests for service will be presented on the standard Request for Service form and submitted to the Manager of GIS Applications in the County Department of BCC Information Systems for scheduling. Depending on project size, duration, and complexity, a more detailed project specification may be required (from the CITY) to ensure efficient application design. In such cases, a Scope of Services document will be presented to the CITY that includes project scope, estimated cost, duration, identified activities, assigned resources, and any other pertinent details that help in the definition of the PROJECT. Section 13. External_Servicc-i The COUNTY and CITY may agree that third party services may be appropriate for certain projects. The CITY agrees to wholly fund such efforts if the deliverable is a product that is used exclusively by the CITY or one that the COUNTY has no plans to implement in the near future. The COUNTY may derive benefit from, and choose to partially or wholly fund any such development effort at its discretion. As other municipal governments choose to participate, the COUNTY will encourage cost-sharing for all applicable development efforts. The CITY will contract directly for any GIS related services provided by a party other than the COUNTY, including consulting, application development, training, and support. Section 14. Other Financial Obligatjgng It is recognized that certain computer hardware, software, and communication infrastructure components will need to be purchased to support the CITY'S GIS implementation effectively. The COUNTY will provide the required GIS Software to implement an effective GIS system. The COUNTY will also provide its portion of the communications hardware necessary to send data to, and receive data from, the CITY in an effective manner. The CITY will be responsible for all supplies, computer hardware, software, and communications infrastructure necessary to support the PROJECT, the computer, the database, and effective communications to the COUNTY. The COUNTY will work with the CITY to define the appropriate configurations in this regard. The COUNTY retains the authority to specify products that may have compatibility ramifications. The CITY may participate in the benefits of the COUNTY's existing 5 Site Licenses to the degree and under the terms defined in the current County software contracts. Section 15. Dula ' ' ' The CITY acknowledges and supports the CITY'S information distribution responsibilities under Chapter 119, Florida Statutes, Florida Public Records Law. It is the intent of this agreement that the CITY be custodian of the Public Records generated by this Agreement, and have exclusive control and responsibility of the public and private distribution of all information added to the SYSTEM including any base data generated by the COUNTY and transferred to the CITY' S SYSTEM. The CITY, as owner of the GIS data is solely responsible for it's accuracy and maintenance through the CITY's technical staff. Therefore, data distribution will not be accomplished without written authorization from the CITY and assurance that sufficient dialog regarding the data's accuracy has taken place between the requesting party and the CITY. The COUNTY maintains the right to use any information for its internal analysis and presentation purposes with the exception of those records that are exempt from public disclosure laws. Notwithstanding, the above, COUNTY is not precluded from full compliance with Chapter 119, Florida statutes, the Public Record Law and is not liable to CITY for actions taken to effectuate that compliance. Section 16. Contract Administrators The following persons are designated and approved by both parties to administer the plans and specifications that become a product of this Agreement. At various times throughout the term of this Agreement, administrative changes may be made to procedures to facilitate the completion of the PROJECT. These changes, as well as approval of the final products, will be governed by the terms outlined in Section 16 - Operating Protocol and documented by the following: Laura Crook City of Clearwater Director of Data Processing James Albright Clearwater Police Department, Director of Data Processing Donald Lord Pinellas County GIS Coordinator Section 17. Qnerat ng Prot"gl' The COUNTY and the CITY recognize that changes in operating procedures will be necessary from time to time. The COUNTY and the CITY will have regular scheduled meetings to discuss projects, priorities, and modifications to operating procedures. Any changes to the operating protocol specified in this document must be mutually agreed upon in writing, signed by all parties, and recorded as an addendum to this Agreement. 6 Section 18. Supervision CITY shall be responsible for supervision of its employees notwithstanding the fact that their work location is on COUNTY property, Recognizing, however, that the City Support Staff's presence on COUNTY property requires that they abide by COUNTY policies and rules, the CITY agrees to cooperate with COUNTY to ensure that all COUNTY policies and rules are respected by City Support Staff and to take necessary action if such policies or rules are breached by the CITY Support Staff. In addition, the CITY agrees to take necessary action to remove any of its employees from the project if advised by COUNTY that they pose a substantial problem for the department or the COUNTY. Section 19..!QQmpliaince with Federgl?,.. Stat . and Local Ln3ya and Regulations. City is responsible for complying with any and all applicable federal, state, and local laws and regulation's. Failure of the City to do so may be considered material breach of Contract by COUNTY. Section 24, governing Law, The laws of the State of Florida shall govern this Agreement. Section 21. Severikh ty. The terms and conditions of this agreement shall be deemed to be severable. Consequently, if any clause, tern, or condition hereof shall be held to be illegal or void, such determination shall not affect the validity or legality of the remaining terms and conditions, and notwithstanding any such determination, this agreement shall continue in full force and effect unless the particular clause, term,.or condition held to be illegal or void renders the balance of the agreement to be impossible of performance, f 7 E' Section 22, Amcadment. This Contract may be amended only by mutual written agreement of the Parties. IN WITNESS WHEREOF, the undersigned have hereunto affixed their hands and seals the day ' and year first above written. Countersigned: CITY OF CLEARWATER, Florida municipality By: Mayor-Commissioner . City Manager Approved as to form ATTEST: and correctness: City Attorney City Clerk PINELLAS COUNTY, a political subdivision of the State of Florida By: ` . Chairman, Pinellas County Board of County Commissioners Approved as to Form: ATTEST: By: County Attorney Cleric (SEAL) (atyihMwpdocaVn1cr1mcanj i . >f i ? CLEARWATER MUNICIPAL GIS WORK REQUEST TO: 8yIVle C. Amutrono, PtogtsMmor DOC Intotmotlon Systems, FAX Number - 484-3297 CONTACT NAME: DATE: DEPARTMENT: PHONE F APPROVED BY: SIGNATURE NATURE OF REQUEST: ( ) Hwdwam Upgrade ( ) Ultr1WVkl m Upgrade ( ) F*sWroW9ym6ology1GyMba3 ( ) Appllcam ( ) Add/ UM" -- Mafia Coverage ( ) Add/R=M -- I a. w, NoWorK Detabaaa ( ) Plot Devok9ment ()der W ORKSTATIONMYSTEM: DESCRIPTION/SPECIFIC DETAIr__,__..,?,.,.,. ,.?..?..?.._, .. For BCC Information SYMMS LIN Only Toduft n Aaeigned: ow: EallmoW 00% fA C411ple6an: Date of Completion: Dade Dwonw*ffion Completed: Date Contact Ndflod: Doeurrontodon RoWh d: Yes No Dade Trahi" Completed: It HwdwAWUWYA4sIw Upprado: Applications Mar?ager. nwkYvq*TAoM Databne Monopr: rYT--1R-1996 M:?1 Prr vwcn gygTFMq Qc:i 0 n10 CLEARWATER POLICE DEPARTMENT GIS WORK REQUEST TO: Bylvm C. ArmatMg, Progrnmmr I30C Infomudlon Systma, FAX Numtor • 484447 CONTACT NAME: DATE: DEPARTMEN : PHONEL_ FAX L. APPROVED BY: SIGNATURE, NATURE OF REQUEST: ( ) HWdwW9 Upgmde ( ) UltdxMalon Upgrade ( ) Fe@WMl8ymbo1"yMYMbo1e O Addl WWO -- Map coverage () AdM%mm - Layer Netwodc, DatWase () Plot 13ifvrlopumd WORKSTATION18YSTEM: DESCRIPTION/BPECIFIC DETA» 4• For BCC Intnrmstlon Symms Uea Only Tedutikan Amigns* Dade: Eetlmaitad Dab of Complv4cn: Dade of Completion: Dam Doaur ntaton Completed: Data Conted NOW: Documerm9on R"Wred Yea No Date Ttalydng Completed: If HatdwdfWUttrWNk1on Upgmdo: Approoons Manager. w*Jw%brAbW Dvdabaw Manager. ncT-10-19% 08: 21 Trr. t tin gYgTFMq al;*/ 0 ra't Re=17 DCT-15-19% 06:16 INFORMATION M(3T. To: Betty Deptula, City Manager . J?', From: Laura Crook, Asst. IM Director 813624696 P.01/61 Response to your phone call this morning, regarding the GIS Agenda: The $749,201.84 figure is not correct. The correct figure should be $784,046.84. The reason for this error is because, in the original version of the Agenda item,'the Police stated they had an additional $34,845 grant, the use of which had not yet been determined, Before Dewey left my office last Wednesday, he told me the Police will be using the $34,845 for hardware. We added the $34,845 into the hardware figure in the recommendation, but failed to change the TOTAL in the footer. Expense Figures as used in Agenda Footer: Corrected figures wladditional grant money included: Staff Yr. 1 $1505000 Staff Yr. 1 $150,000 Hardware $2809961.84 Hardware $315,806.84 Staff Yr. 2 +3 $318,240 Staff Yr. 2+ 3 $318,240 Total $7493201.84 Corrected Total $784,046.84 I have a copy ofDewey's hand written notes on this if you'd like a copy, Please let me know if I need to take any additional action as a result of this error. Thank you. 5-- -1 _ Ek .E .t Ei 4?. F:1>. ff ! Item #18 s-sq SUBJECT: Management Plan for Camp Soule RECOMMENDATIONNOTION: Approve consultant firm ranking order of: (1) HDR Engineering, Inc., (2) Delta Seven/Peacock & Associates/Armstrong & Associates, and (3) IBIS/PBS&J regarding the preparation of a Management Plan for Camp Soule (Boy Scout Camp) and authorize staff to proceed to negotiate a contract in the order of the ranking. ? and that the appropriate officials be authorized to execute same. SUMMARY: • On March 7, 1996, the City Commission approved a "Conceptual Approval Agreement" with the Florida Communities Trust (FCT) regarding a grant to assist the City in acquiring Camp Soule. • According to the Agreement, the FCT Preservation 2000 grant to the City would in no event exceed the lesser of 50°/6 of the total project cost or $1,419,625. The City's local match is also to be 50% ($1,419,625). The application stated that this local match would be raised through private or corporate charitable contributions. e Another requirement of the "Conceptual Approval Agreement" is that the City prepare and submit a "Management Plan" which must meet all requirements of the FCT and which will describe how the property will be used and managed. This plan must also be approved by the City and the Boy Scouts. • On March 7, 1996, the City Commission also approved up to $50,000 for the preparation of a Management Plan. • On August 16, 1996, a "Request for Qualifications" (copy attached) was released for consultant services regarding the preparation of the Management Plan. Three consultant firms submitted proposals which were reviewed by the City's SEklection Committee. Reviewed by: Legal Budget Purchasing Risk Mgmt. Is ACM Other #lfbt"?M Submitted by: City Fhaor/ User [3aPertmnntt._,,. -Pali 4,A Advertfe•d: 30 bu ha Tani a Bay Ravievt `Tir?riprs:8ay: Revla vi: . •, G Not Required Affected Parties 0 Notified 0 Not Required Total Funding Source: O Capital improvement: operating: Other: Currant Fiscal Year Commission Action: ? Approved ? Approved with Conditions 13 Denied ? Continued to; Attachritrintos?' firms and.araficilon;€ .:.<: Cammitt*a)nAmborier qu alifJoitions :i.....,.....,.....,.... ..?Agp;epeiittion ,Cads' . . ? Nana 0 Printed on recycled paper Agenda Cover Memorandum 10/17/96 Page 2 • On Friday, September 20, 1996, the Committee met and, after careful consideration of the qualification packages, ranked the three firms as follows: HDR Engineering, Inc. - Tampa Delta Seven/Peacock & Associates/Armstrong & Associates - St. Petersburg IBIS/Post, Buckley, Schuh & Jernigan - Naples The following factors were considered and formed the basis of the ranked order: 1. Successful experience with similar Management Plans for the FCT. 2. Ability to meet time schedules. 3. Education, experience of staff assigned to project. 4. Reports from references. 5. Demonstrated environmental proficiency. 6. Completeness of response to the RFQ. 7. Location of firm. Mr. David Sumpter, Project Manager and Senior Environmental Scientist, submitted the qualifications on behalf of HDR Engineering, Inc. The qualifications were outstanding and completely addressed all requirements of the Request for Qualifications. As Project Manager, Mr. Sumpter has already successfully completed five "FCT" Management Plans which reflects his understanding of the FCT process. One plan was for Hernando County, three for Hillsborough County, and one for the City of Tampa. • On Friday, September 27, 1996, members of the Selection Committee met with Mr. Sumpter to provide information and to discuss specific requirements of the project. Members were impressed with Mr. Sumpter's previous experiences with FCT Management Plans and with his taking a "hands- on approach" as the Project Manager. + The Selection Committee felt that the remaining two firms were also qualified to perform this project but that they did not possess as much experience with FCT Management Plans as did Mr. Sumpter. Also, being located in Tampa, Mr. Sumpter has ready access to the project site. • If this ranking order is approved, the Selection Committee will proceed to negotiate with the No. 1 ranked firm, proceeding until a satisfactory contract is achieved. Current plans are to agenda the contract for City Commission consideration and approval at the Commission meeting of November 7, 1996. REQUEST FOR QUALIFICATIONS MANAGEMENT PLAN FOR CAMP SOULE . PROPOSAL SUBMISSION LIST 1, DELTA SEVEN in association with PEACOCK & ASSOCIATES, and ARMSTRONG & ASSOCIATES BOAC 54697 ST. PETERSBURG, FL 33739. 2. HDR ENGINEERING, INC. WEST KENNEDY BLVD., SUITE Sao TAMPA, FL 33609-1840. 3. IBIS/POST, BUCKLEY, SCHUH & JERNIGAN (PBS&J) WOODSHIRE LANE, G-I NAPLES, FL 33942. RFQ SELECTION COMMITTEE 1. PAM MARKS, CITIZEN REPRESENTATIVE 2. TOM MILLER, ASSISTANT DIRECTOR OF ENGINEERING/ENVIRONMENTAL . 3, KEITH BUSH, SENIOR ACCOUNTANT, FINANCE DEPARTMENT 4. ART KADER, ASSISTANT DIRECTOR OF PARKS & RECREATION 1 5. REAM WELSON, DIRECTOR OF PARKS & RECREATION ; CITY OF CLEARWATER REQUEST FOR QUALIFICATIONS MANAGEMENT PLAN FOR CAMP SOULE (FLORIDA COMMUNITY TRUST PROJECT NO: 95-023-P56) . TO BE OPENED 4:00 P.M. SEPTEMBER 13, 1996 at PURCHASING OFFICE MUNICIPAL SERVICES BUILDING 100 SOUTH MYRTLE AVENUE CLEARWATER, FL 1,4 INTRODUCTION 1.1 QENERAL PURPOSE AND INFORMATION The City of Clearwater is seeking qualifications for professional services to develop and prepare a Management Plan for a parcel of land known as Camp Soule. Camp Soule consists of 49.97 acres of which 5 acres are wetlands, a portion of Lake Chautauqua. The site encompasses Boy Scout facilities, it is currently used as an urban Boy Scout camp, and it is owned by the Boy Scouts of America, Pinellas Area Council, Inc. The City of Clearwater has made application to the Florida Communities Trust (FCT), an agency within the Florida Department of Community Affairs, for funding from the Trust's Preservation 2000 Program to purchase the Camp Soule property. The purpose of the acquisition is to preserve the property as a regional park with focus on recreation, education, conservation, and protection of the natural resources. The deed to the property would be held by the City of Clearwater. It is anticipated that the camp will be managed by the Boy Scouts who will make the camp available to youth groups and other groups. The City's application for 50% funding was approved by the FCT. However, prior to closing the real estate transaction and prior to disbursement of award funds by the FCT, the City is required to prepare a "Project Plan" for review and approval by the FCT. This "Project Plan" includes several requirements, one of which is a Management Plan. 1.2 SCOPE OF PROJECT The Management Plan must meet all requirements of the FCT. It must be based on the "Conceptual Management Plan" contained within the FCT application and, where appropriate, it must reflect materials and information that were gathered for the application. It must incorporate conditions that are required in the "Conceptual Approval Agreement" dated April 5, 1996 between the FCT and the City of Clearwater. Also, a location map, boundary map, vegetative surveys, site plans, Conceptual Approval Agreement, the recorded deed when it becomes available, and other supporting documents should be included as exhibits or included in the appendix of the Management Plan for future readers. The Management Plan must be written according to FCT Technical Assistance Bulletin 42 (Writing a Management Plan) acceptable to the FCT In addition to the various conditions described in the "Conceptual Approval Agreement" which apply to all sites acquired with FCT funds, the Management Plan must address the following conditions that are particular to the Camp Soule site which result from either representations made in the application that received scoring points or observations made by the FCT staff during the site visit described in Rule 9K-4.010(2)(f), F.A.C. a. Outdoor recreational facilities including nature trails and observation boardwalk shall be provided. The Project Site shall be developed in a RFQ MANAGEMENT PLAN FOR CAMP SOULE PAGE 2 manner that allows the general public reasonable access for observation and appreciation of the natural resources on the Project Site without causing harm to those resources. b. The City of Clearwater shall provide environmental education programs at the Project Site. Formal environmental education programs shall be conducted on continuing and regular basis. c. The City of Clearwater shall provide an organized recreational program directed toward the participation of at-risk-youth as described in the grant application. The program shall be offered on a continuing basis at the Project Site focusing on the mitigation of juvenile crime through the provision of recreational opportunities. d. The timing and extent of a vegetative survey of vegetative communities and plant species on the Project Site shall be specified. The City of Clearwater shall detail how the survey shall be used during development of the site to ensure the protection, restoration, and preservation of the natural resources on the Project Site. e. The vegetative communities that occur on the Project Site shall be preserved and appropriately managed to ensure the long-term viability of these communities. f. The City of Clearwater shall ensure that the Project Site is managed in a manner that will protect and enhance the listed and non-listed native wildlife species and their habitat. The City shall coordinate with the Florida Game and Fresh Water Fish Commission to ensure the preservation and viability of listed and non-listed native wildlife species and their habitat. g. The City of Clearwater shall coordinate with adjacent park lands and School Board lands to ensure the management of the site and adjacent sites are conducted in a manner to enhance habitat protection and recreation opportunities. h. The City of Clearwater shall monitor adjacent development activities to ensure that such activities do not negatively affect the resources on the Project Site. i. A vegetation analysis of the Project site shall be performed to determine which areas of the Project site need a prescribed burning regime implemented to maintain natural fire-dependent vegetative communities. The City of Clearwater shall coordinate with Division of Forestry and Game and Fresh Water Fish , Commission on the development of a prescribed burn plan for the Project Site. RFQ MANAGEMENT PLAN FOR CAMP SOULE PAGE 3 j. The water quality of the lake shall be protected and improved. A comprehensive stormwater management plan shall be developed and implemented to improve the water quality of the lake. Known pollution sources which have been identified by the City or County shall be removed or mitigated. The City of Clearwater shall coordinate with the Southwest Florida Water Management District on the design and implementation of the stormwater management plan for the basin. (Note: The City of Clearwater Engineering/Environmental Management Group shall approve all plan elements related to this item.) k. Invasive exotic vegetation that occurs on the Project Site shall be eradicated. The City of Clearwater shall reference the Exotic Pest Plant Council's List of Florida's Most Invasive Species to assist in identifying invasive exotics on the Project Site. 1. The City of Clearwater shall develop and implement a feral cat removal program for the Project Site. m. The parking area shall use pervious material to the extent possible. n. Provide bike parking stands at the site to provide an alternative to automobile transportation to the Project Site. o. The requirements imposed by other grant program funds that may be sought by the City of Clearwater for activities associated with the Project Site shall not conflict with the terms and conditions of the PCT award. 1.3 QUALIFICATIONS SUBMISSION Qualifications shall be delivered to the City's Purchasing Manager, City of Clearwater, 100 South Myrtle Ave., Clearwater, FL 34616, prior to the opening time of 4:00 p.m. on Friday, September 13, 1996. The delivery of qualifications to the City of Clearwater Purchasing Office prior to the specified date and time is solely and strictly the responsibility of the respondent. The City shall not, under any circumstances, be responsible for delays caused by the United States Postal Service or any private delivery service, or for delays caused by any other occurrence. All responses must be manually and duly signed by an authorized corporate officer, principal, or partner with the authority to bind said firm. All responses must be marked on the outside: Request to Provide Management Plan for "Camp Soule" To be opened at 4:00 p.m., September 13, 1996 RFQ MANAGEMENT PLAN FOR CAMP SOULE PAGE 4 The respondent is solely responsible for reading and completely understanding the requirements of this RFQ. The opening time shall and must be scrupulously observed. Under no circumstances will qualifications delivered after the specified delivery time be considered. Late submissions shall be returned unopened to the respondent with the notation "The qualifications were received after the delivery time designated for the receipt and opening of the qualifications." The respondent shall submit seven (7) copies of their qualifications in their entirety. All qualifications shall be prepared and submitted in accordance with the provisions of this RFQ. However, the City may waive any informalities, irregularities, or variances, whether technical or substantial in nature or reject any and all qualifications at its discretion. 1.4 INQURIES AND-ADDENDA Each respondent shall examine all RFQ documents and shall judge all matters relating to the adequacy and accuracy of such documents. Any inquiries, suggestions, or requests concerning interpretation, clarification, or additional information pertaining to the RFQ shall be made through the City of Clearwater's Purchasing Manager, George McKibben, at P.O. Box 4748, Clearwater, FL 346184748; 100 South Myrtle Ave., Clearwater, FL 34616 or FAX 813-5624635. The City shall not be responsible for oral interpretations given by any City employee, representative, or others. The issuance of a written addendum is the only official method whereby interpretation, clarification, or additional information can be given. If any addenda are issued to this RFQ, the City will attempt to notify all prospective respondents who have secured same. However, it shall be the responsibility of each respondent, prior to submitting the qualifications, to contact the City of Clearwater's Purchasing Manager to determine if addenda were issued and to make such addenda a part of the qualifications. 1.5 TM1E SCHED11iJLE The City will utilize the following time schedule with the goal of selection. This schedule may be changed solely at the City's discretion. August 16, 1996: September 13, 1996: September 20, 1996: September 27, 1996: October 17, 1996: October 18, 1996: January 17, 1997: Release date of Request for Qualifications (RFQ) RFQ Opening, 100 South Myrtle Ave., Clearwater, FL 34616 Ranking of consultants by RFQ committee Negotiation of contract Recommend award of contract to City Commission Notification to consultant selected Project completion and submission RFQ MANAGEMENT PLAN FOR CAMP SOULE PAGE 5 2.0 INSTRUCTIONS FOR PREPARATION OF PROPOSALS 2.1 GENERAL All responders stall provide sufficient information and data to fully allow a complete evaluation of the information to be made. Information and data submitted by each respondent will become a part of the proposal. 2.2 QQALIFICATION$ OF RESPONDER Briefly indicate why you believe your company is best qualified to develop and prepare a "Management Plan" for Camp Soule which must meet all requirements of the Florida Communities Trust (FCT). 2.3 SIlv MAR PROJECTS Furnish a list of Management Plans you have completed that were similar to this request for Camp Soule and which satisfied all requirements of the Florida Communities Trust's Preservation 2000 Program. a. Briefly describe each plan and date of preparation. b. Name of City, County or other entity for whom the plan was provided. c. Name, address and phone number of contact person who represented each City or County listed in paragraph b. d. Was FCT approval received for subject land acquisition requests? e. Were Management Plans completed on time? For each contract, indicate time elapsed from the date you were awarded the contract to the date each Management Plan was completed. 2.4 ENVIRO Ni'AL PROFICIEN Y All respondents shall demonstrate: a. Ability to establish environmental education program. b. Ability to provide vegetative community surveys, c. Ability to provide wildlife surveys. d, Knowledge of techniques and environmental conditions appropriate to implement "burn" management on site. RFQ MANAGEMENT PLAN FOR CAMP SOULE PAGE 6 2.5 EIRMPEAMML a. List personnel of your firm who will be assigned to this City engagement. Please include resumes. b. Describe the education and experience, particularly as it relates to the preparation of FCT Management Plans of each staff member who would be assigned to the project. c. For each proposed member of the project team, give an indication of the extent and timeliness of his/her availability. 2.6 INSURANCE REQUIREMENTS a. Liability Insurance The consultant shall furnish, pay for, and maintain during the life of the contract with the City the following liability coverage: • Comprehensive General Liability Insurance on an "occurrence" basis in an amount not less than $500,000 combined single limit Bodily Injury Liability and Property Damage Liability. • Workers' Compensation Insurance applicable to its employees, if any, for statutory coverage limits in compliance with Florida laws. • Professional Liability Insurance shall be procured and maintained for the life of this Contract. This insurance shall provide coverage against such liability resulting from this contract/project. The minimum limits of coverage shall be $500,000. b. Addition al.Insured The City is to be specifically included as an additional insured on all liability coverage described above. c. Notice of Cancellation or Restriction All policies of insurance must be endorsed to provide the City with thirty (30) days notice of cancellation or restriction. d. Certifig&tgA fInsurance/ rance/Certi fled Copies of Policies The consultant shall provide the City with a certificate or certificates of insurance showing the existence of the coverage required by this RFQ. The vendor will maintain this coverage with a current certificate or RFQ MANAGEMENT PLAN FOR CAMP SOULE PAGE 7 certificates of insurance throughout the term stated in the RFQ. When specifically requested by the City in writing, the consultant will provide the City with certified copies of all policies of insurance as required above. New certificates and new certified copies of policies, if certified copies of policies have been requested, shall be provided the City whenever any policy is renewed, revised, or obtained from other insurers. e. The address where such certificates and certified policies shall be sent or delivered is as follows. City of Clearwater Attention: City Clerk Box 4748 Clearwater, FL 34618-4748 f. The consultant shall defend, indemnify, save and hold the City harmless from any and all claims, suits judgments and liability for death, personal injury, bodily injury, or property damage arising directly or indirectly from the performance by the consultant, its employees, subcontractors, or assigns, including legal fees, court costs, or other legal expenses. Consultant acknowledges that it is solely responsible for complying with the terms of this RFQ. In addition, the consultant shall, at its expense, secure and provide to the City, p or to be inning performance under this RFO, insurance coverage as required in this RFQ. g. Any party providing services or projects to the City will be expected to enter into a written agreement, contract, or purchase order with the City that incorporates, 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. 2.7 STANDARD REQUIREMENTS a. Right to.Protest Any actual or prospective bidder who is aggrieved in connection with the solicitation or award of a contract may seek resolution of his/her complaints by contacting the Purchasing Manager. RFQ MANAGEMENT PLAN FOR CAMP SOULE PAGE 8 b. NQ Cgctions Once a competitive proposal is submitted, the City shall not accept any request by any proposer to correct errors or omissions in any calculations or competitive price submitted. c. Openness of Procurement Ergggsa Written competitive proposals, other submissions, correspondence, and all records made thereof, as well as negotiations conducted pursuant to this RFQ, shall be handled in compliance with Chapters 119 and 286 Florida Statutes. The City gives no assurance as to the confidentiality of any portion of any proposal once submitted. d. No Collusion By offering a submission to the RFQ, the proposer certifies the proposer has not divulged to, discussed or compared his/her competitive proposal with other proposers and has not colluded with any other proposers or parties to this competitive proposal whatsoever, e. Tnformalily Waiv_erfRejgction pf B $ The City reserves the right to reject any or all responses and to waive any irregularity, variance or informality whether technical or substantial in nature, in keeping with the best interests of the City. t Appropriations Clause The City, as an entity of government, is subject to the appropriation of funds by its legislative body in an amount sufficient to allow continuation of its performance in accordance with the terms and conditions of this contract for each and every fiscal year following the fiscal year in which this contract is executed and entered into and for which this contract shall remain in effect. Upon notice that sufficient funds are not available in the subsequent fiscal years, the City shall thereafter be released of all terms and other conditions. g. Responder Preparation Expenses Each responder preparing qualifications in response to this request shall bear all expenses associated with their preparation. Responders shall prepare a response with the understanding that no claims for reimbursement shall be submitted to the City for the expense or presentation. h. Signature Responders shall acknowledge by authorized signature that it has read and concurs and/or takes exception as noted to the requirements listed in this RFQ. RFQ MANAGEMENT PLAN FOR CAMP SOULE PAGE 9 L&gal Nam Responders shall clearly indicate the legal name, address, and telephone number of the company (tes), firm (s), partnership (s), individual (s). Responses shall be signed above the typed or printed name and title of the signer. The signer shall have the authority to bind the responder to the submitted qualifications. j. Retention and Dis o of Res nsc The City reserves the right to retain all submitted responses for official record purposes. The City also reserves the right to dispose of any or all copies of responses in whatever manner it deems appropriate. No copies of any responses will be returned to the firm. k. Litigation Provide information on any litigation your firm might have been involved in within past three (3) years. 3.0 SELECTION CRITERIA AND RANKING PROCESS 3.1 GENERAL All qualifications shall be subject to an evaluation by a Selection Committee to be established by the City. The successful consultant must demonstrate an understanding of the project scope and purpose. This refers to the consultant's understanding of the needs that generated the RFQ, of the objectives in asking for the services, and of the nature and scope of the work involved. The evaluation of the qualifications shall be accomplished utilizing the criteria described in this section. Information and data included in the qualifications shall be considered in the evaluation process. 3.2 COMPLFMNESS OF_10-MALIFICATIONS Following receipt of qualifications, the Selection Committee shall review all qualifications with respect to completeness and conformance with the instructions and requirements specifically. indicated in this RFQ. Responses which are deemed incomplete or nonconforming with instructions and requirements of this RFQ may not be given further evaluation. The City reserves the right to reject any and all responses and to waive any irregularity, variance, or informality whether technical or substantial in nature, in keeping with the best interest of the City. RFQ MANAGEMENT PLAN FOR CAMP SOULE PAGE 10 3.3 SELECTION 01AMITTEE The final selection will be made by a selection committee composed of one representative from the City's Environmental Management Group, two representatives from the City's Parks and Recreation Department, one representative from the City's Finance Department and one citizen. 3.4 E E N RIT RI All qualifications shall be equally evaluated with respect to the completeness of the data provided. The following criteria shall be utilized in the evaluation process: a. Successful experience in preparing "Management flans" which have satisfied all requirements for project funding by the Florida Communities Trust Preservation 2000 program. b. Assurance that the project can be completed by January 17, 1997, c. Competence (including technical education and training) and experience of consultant staff to be assigned to work on this project. d. Reports from references e. Demonstrated environmental proficiency. E Completeness of response to all items contained in this RFQ. g. Location of firm. The Committee shall evaluate all proposals using a formalized evaluation process (see attached sample scoresheet) 3.5 ' NEGOTIATIONS Following the ranking of the qualifications, the Committee shall designate the top ranked consultants and enter into negotiations. If negotiations are successful, the Committee shall recommend the favorable consultants to the City Commission. If the negotiations are unsuccessful, the Committee shall begin negotiations with second ranked consultants. The Committee reserves the right to terminate negotiations at any time, with or without cause. The "Selection and Negotiation Committee" reserves the right to negotiate whatever schedule is convenient to it and which is in the best interest of the City, RFQ MANAGEMENT PLAN FOR CAMP SOULE PAGE 11 3.6 WRITTEN AGREEME WCONTRACT Any party providing services or products to the City will be expected to enter into a written agreement or contract with the City that incorporates all of the pertinent provisions relating to insurance and insurance requirements'as contained herein. RFQ MANAGEMENT PLAN FOR CAMP SOULE PAGE 12 CITY OF CLEARWATER MANAGEMENT PLAN FOR CAMP SOULE (Scoresheet) Date: Name of Firm Score: y; r. •??'''*`.':i .>. •.f {.:r; rte}j;.. ':'?.:'. tL.Yr• : 1 f.F Score Comme rti . q 1. Successful experience with similar 4 Management Plans for FCT. 2. Ability to meet time schedules. 3 3. Education, experience of staff assigned to 2 project. 4. Reports from references. 2 5. Demonstrated environmental proficiency. 3 6. Completeness of response to this RFQ: 2 7. Location of firm. 1 Criteria Weiahtin 4 = Exceptionally Important 3 = Very Important. 2 = Important 1 = Minimally Important Criteria Ratiny- 5 = Excellent 4 = Very Good 3 = Good 2 = = Adequate 1 = Marginally Acceptable 0 = Unacceptable ?i licin _ CLEARWATER CITY COMMISSION r a rt? Agenda Cover Memorandum Ma??l1g bhtc TEa 18 - 1'7. SUBJECT: First amendment to PCS PrimeCo license agreement for personal communications system antennae Installations, and Memorandum of Amendment to record In Pinellas County public records. RECOMMENDATION/MOTION: Approve a First Amendment to that certain License Agreement dated April 8, 1996 between the City and PCS PRIMECO, L.P., providing for termination of all effects of said license in regard to premises at 1400 Young Street and 1700 Kings Highway, and ratifying certain other provisions as more specifically described in said amendment, and approve a Memorandum of License Agreement to be recorded in the Public Records of Pinellas County, 0 and that the appropriate officials be authorized to execute same, SUMMARY: • On April 8, 1996 the City entered into a License Agreement with PCS PrimeCo, a Delaware limited partnership (PrimeCo) that licensed certain defined premises on communications towers at 3290 McMullen Booth Road and 1400 Young Street, along with the North water tower at 1700 Kings Highway, to PrimeCo for the purposes of installing personal communications system (PCS) antennae and related communications equipment. On June 28, 1996 a PrimeCo representative informed staff by phone that it would not be using the Young Street and Kings Highway facilities, presumably utilizing termination provision 12,(a)3 of the License Agreement (EXHIBIT "A"). * Staff prepared a First Amendment To License Agreement to release PrimeCo from all obligations associated with the Young Street and Kings Highway facilities. Language was also added imposing a 10% late fee if the annual license fee was not timely paid, The First Amendment document additionally contains language that precludes rent abatement in lnstances where damage is caused by Licensee, its employees or others acting for the Licensee; and requires all such damage to be repaired by PrimeCo within 90 days of its occurrence. The First Amendment document was executed by PrimeCo and returned to staff on July 29, 1996 with a check dated July 3, 1996 in the amount of $13,289.40 representing the annual $12,420.00 license fee due for the McMullen Booth premises as stipulated in the agreement, plus 7% sales tax The First Amendment document is ,1t;act:cd as ;- -,ibi' il (continued) Originating Dept. Reviewed by: p ENGINEERING User Dept. Budget NIA Purchasing NIA Risk Mgmt. _ -_NLA „ is - N!A ACM ENO. OTHER N i Subnittad By: ,, ??t?1d city Managar ?• Data: Papal, Not required: X Affected parties notified t Not Required X costs: N/A fCugent FY) Funding Source, Capt. frnp. oparating other Appropriation Cadala) Action Approved Approved wlconditions Donled Cont'd to Attachments: Provision 12.1e113) of License Agree. First Amendment To License Agree, Paga 13, Phase i Audit Report Memorandum of Licanso Agreement n*YwCo Aan. Agenda Memo Continued Subject: PrimeCo License Agreement • The insurance certificate and environmental audit report to be sent with the Amendment were not Included. Staff called and requested the documents, which were received on July 31, 1996. Risk Management confirmed the insurance complied with license provisions. The transaction environmental audit report did not comply with license provisions and PrimeCo was notified by letter on August 2, 1996 to have additional investigations performed and provide a report that would comply with the license. • In September, 1996, PrimeCo environmental contractor, Dynamic Environmental Associates, Inc. completed a Phase 1 Environmental Audit of the License Premises in accordance with criteria established in Article 16 of the License Agreement, and delivered its report dated September 13, 1996 to staff on October 1, 1996 establishing the environmental baseline of the license premises. City environmental staff has reviewed the report and confirms it complies with license provisions. Page 13 of the report, (FINDINGS, ISSUES, AND RECOMMENDATIONS) recommending no further action as of the report date is attached as EXHIBIT "C". • A Memorandum Of License was recorded by the City in Official Records Book 9314, Page 471 on April 18, 1996. Recording a Memorandum Of License Amendment (EXHIBIT "D") would provide public notice of the amended license. EXHIBIT " 19" : (b) Either party may change its address and telephone number(s) to which notice shall be given by delivering notice of such change as provided above. Notice shall be deemed given when delivered if delivered by hand, or when postmarked if sent properly by mail. 11. Liability and_ ndeZnity_: PrimeCo agrees to indemnify and hold the City harmless from all claims (including costs and expenses of defending against such claims) arising or alleged to arise from the negligence or willful misconduct of PrimeCo or PrimeCo's agents, employees or contractors occurring during the term of this License or any extensions in or about the Licensed Premises. PrimeCo agrees to use and occupy the Licensed Premises at its own risk and hereby releases the City, its agents and employees, from all claims for any damage or injury brought on by PrimeCo to the full extent permitted by law. The City agrees to indemnify and save PrimeCo harmless from all claims (including cost and expenses of defending against such claims) arising or alleged to arise from the negligence or willful misconduct of the City or the City's agents, employees, contractors or other licensees or tenants of the city occurring during the term of this License, subject to any defense or limitation pursuant to Section 768.28, Florida Statutes. 1 12. Termination: (a) Either party shall have the right to terminate this License at any time as follows: 1. By either party, if the approval of any agency, board, court, or other governmental authority necessary for the construction or operation of the Communications Equipment cannot be obtained, or is not obtained after due diligence, or is revoked. 2. By either party, in the event of a material breach of any of the provisions of this agreement, subject to Paragraph 13 below. 3. By PrimeCo, if PrimeCo determines that the cost of obtaining or retaining the approval of any agency, board, court, or other governmental authority necessary for the construction or operation of the Communication Equipment is prohibitive, or if PrimeCo determines that the property is not appropriate for its Communications Equipment for technological reasons, includina, but not limited to, signal interference. 4. By PrimeCo, in the event that any government or public body shall take all or such part of the Licensed Premises thereby making it physically or financially infeasible for the Licensed Premises to be used in the manner it was intended to be used by this Agreement. However, if only a portion of the Licensed Premises is taken, and PrimeCo does not elect to terminate this License under this provision, then rental payments provided under this License shall be abated proportionally as to the portion taken which is not then usable by PrimeCo and this License shall continue. Page 5 of 13 ?w EKHRILM" FIRST AMENDMENT TO LICENSE AGREEMENT THIS FIRST AMENDMENT TO LICENSE AGREEMENT is entered into this day of , 1596, by and between the CITY OF CLEARWATER, FLORIDA, a Florida Municipal Corporation ("Licensor") and PCS PRIMECO, L.P., a Delaware Limited Partnership, regarding that certain License Agreement between the parties dated April 8, 1996, governing Licensed Premises as described in Paragraph 1 thereof. W I T N E S S E T H: WHEREAS, Licensee desires to amend the herein described agreement to forsake and terminate all rights, privileges, and benefits accruing to Licensee's use of Licensor's Communications Tower at 1900 Young Street (License Premises "B") and Licensor's North Water Tank at 1700 Kings Highway (License Premises "C") by virtue of said agreement, together with all costs, obligations, terms and conditions binding Licensee therefore; and, WHEREAS, Licensor is agreeable to releasing Licensee in all respects from all costs, obligations, terms and conditions associated with the aforesaid portions of the Licensed Premises described in said License Agreement, in exchange for Licensee forsaking and terminating all rights, privileges and benefits accruing to Licensee thereby, under certain terms and conditions as hereinafter set forth; NOW, THEREFORE, in consideration of the mutual promises made therein, and the mutual benefits being derived by each of the parties thereto, it is agreed that said License Agreement be amended as follows: A. Henceforth, following the date hereof, the only portion of the Licensed Premises upon which said License Agreement shall be effective is that certain Communications Tower location at 3290 S.R. 580 and McMullen Booth Road (License Premises "A", therein). B. Licensee henceforth forsakes and terminates all rights, privileges and benefits said License Agreement bestowed to those portions of the Licensed Premises described as License Premises "B" and "C". C. Licensor henceforth releases Licensee from all future costs, obligations, terms and conditions previously Page 1 of 4 binding Licensee regarding those certain portions of the Licensed Premises described as License Premises "H" and "C". D. Contemporaneous. with delivery of this First Amendment To License Agreement to Licensor, duly executed by Licensee, Licensee shall deliver the following documents which shall be subject to provisions of the License Agreement: 1. Insurance certificate(s) as required under paragraph 15 of the License Agreement. 2. Environmental report(s) as required under paragraph 16 of the License Agreement. E. Upon approval of this First Amendment To License Agreement by the Clearwater City Commission, and its proper execution, It is mutually agreed between the parties that the initial year annual rent for the remainder Licensed Premises shall continue unchanged at $12,420.00, which shall be due and payable to Licensor not later than fifteen (15) days following delivery of this document to Licensee. F. All annual rent payments, subject to adjustment as provided in the License Agreement, shall be due and payable on or before each succeeding anniversary of the Commencement Date (May 11 1996)of the License Agreement. A late payment penalty of ten percent (10%) of the annual rent amount shall be due and accompany any payment received by Licensor after the tenth (10th) day following any due date as herein provided. G. It is mutually agreed by the parties that Paragraph 21(e)of the License Agreement is hereby amended to read as fol.lows : If the License Premises is damaged for any reason so as to render it substantially unusable for PrimeCo's use, other than damage by or through accident, error, omission, willful misconduct or ne 1L ence of Licensee its employees, agents, contractors or assigns,_ rent shall abate for such period not in excess of ninety (90) days while the City, at its expense restores the City's tewer-s tower and/or buildings to its condition prior to such damage. Provided, however, in the event the City fails to repair the Licensed Premises within the said ninety (90) day period, PrimeCo shall have the right to terminate this License with no further obligations Page 2 of 4 hereunder. In the event such damage is in any way attributable to PrimeCoL its employees, agents, contractors or assigns, and PrimeCo fails to re air the Licensed Premises within ninety (90) days of occurrence, the CL shall have the right to terminate this License with no further obligations hereunder, or to deem Licensee to be in default of this License Agreement and ! subject to the remedies as provided in Paragraph 13 hereof. ALL OTHER TERMS AND CONDTIONS OF SAID LICENSE AGREEMENT REMAIN UNCHANGED AND IN FULL FORCE AND EFFECT. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the day and year first above written. Signed, sealed and delivered in a presence of: WITNESS Print NameSAl 1 S Print Name D STATE OF FLORIDA COUNTY OF HILLSBOROUGH PCS PRIMECO, L.P. By: ?.? '- Daniel Behuniak Chief Operating Officer and President, Southeast Region BEFORE ME, the undersigned, personally appeared Daniel Behuniak, Chief Operating Officer and President, Southeast Region, PCS PRIMECO, L.P., a Delaware Limited Partnership, who acknowledged the foregoing instrument on behalf of the partnership. ?` • ' %r?f cap,.-.) E eltr.co ..? h?? CCS:.;??0 W tary Public -State of Florida Pri t/type name: / Personally Known [ ] --io4:i- IF ent~i f i cati? Page 3 of 4 Countersigned: Rita Garvey Mayor-Commissioner Approved as to form and legal sufficiency: John Carassas Assistant City Attorney STATE OF FLORIDA COUNTY OF PINELLAS CITY OF CLEARWATER, FLORIDA By: Elizabeth M. Deptula City Manager Attest: Cynthia E. Goudeau City Clerk BEFORE ME, the undersigned authority, personally appeared Rita Garvey, Mayor-Commissioner of the City of Clearwater, Florida, who executed the foregoing instrument and acknowledged the execution thereof to be her free act and deed for the use and purposes herein set forth, and who is personally known to me. WITNESS my hand and seal this day of 1996. Notary Public - State of Florida Print/Type Name STATE OF FLORIDA COUNTY OF PINELLAS : BEFORE ME, the undersigned authority, personally appeared Elizabeth M. Deptula, City Manager of the City of Clearwater, Florida, who executed the foregoing instrument and acknowledged the execution thereof to be her free act and deed for the use and purposes set forth, and who is personally known to me. WITNESS my hand and seal this day of , 1996. Notary Public - State of Florida Print/Type Name ` Page 4 of 4 ,EXHtBJT "C," Phase ! ESA, 3290 State Road 580, Clearwater, FL City of Clearwater Sits September 13, 1998 a..r?rr+r?rrr ¦ - - rir.r.o?in?u?i. 4. • FINDINGS, ISSUES AND RECOMMENDATIONS Finding: The Site Is an active sewage treatment facility with numerous chemicals and hazardous materials used and stored on the premises. In addition, there are several diesel fuel storage tanks located within 4 54' of the Lease Parcel. # Issue: The concern over these conditions is the potential that discharges of hazardous substances to the environment may occur, which may impact the subject Site. In W the Lease Parcel is leased space on an existing tower, the potential threat to Client is minimal. gar Recommendation: Future achvides on the Site should be regularly scrutinized for evidence conceming the storage, handing andtr release(s) of toxic and hazardous substances. As with any oommerdal property, the ownerloperafor of the Site should remain aware of any releases or notices of violation on nearby properties Finding: No other potential environmental liability was identified. Issue: No issue identified. Recommendation: No further action recommended. .11 - DYNAMic FAMRQNMvmAL AssomTrs, INQ PrimeCo Site No. 85109-2 • , Associates, Inc. -13- WW" E B "DO ergggr2d by k re ? to; Ead Barrett Erdneerin4 Adrairdsuation City of Gleerweter P. 4. Sox 4748 Clearwater, Fl. 34518.4748 MEMORANDUM OF LICENSE AMENDMENT KNOW ALL MEN BY THESE PRESENTS THAT: THIS MEMORANDUM OF LICENSE AMENDMENT is made this day of , 1996, by the CITY OF CLEARWATER, FLORIDA, a Florida Municipal corporation. WITNESSETHt WHEREAS, the CITY OF CLEARWATER, FLORIDA, a Florida Municipal Corporation ("City"), did record on April 18, 1996 in Official Records Book 9314, Pages 471 through 473, of the Public Records of Pinellas County, Florida, a MEMORANDUM OF LICENSE regarding a License Agreement dated April 8, 1996 between the City and PCS PRIMECO, L. P., a Delaware Limited Partnership ("PrimeCo"), granting unto PrimeCo the non-exclusive use of certain City-owned property and structures as described therein; and, WHEREAS, the aforementioned parties have amended said License Agreement on the day of , 1996, principally to redefine the Licensed Premises, along with other minor changes to the original agreement; NOW, THEREFORE, the City does publish and record in the Public Records of Pinellas County, Florida, this Memorandum of the First Amendment to the herein described License Agreement to which reference is made for further particulars. IN WITNESS WHEREOF, the City has executed and acknowledged this Memorandum as of the day and date first above written. Page 2 - Memorandum of License Amendment City, of Clearwater. Figriida Date: 196 Countersigned: CITY OF CLEARWATER, FLORIDA By: Rita Garvey, Mayor-Commissioner Elizabeth M. Deptula, City Manager Approved as to form and legal sufficiency: Attest: John Carassas Assistant City Attorney Cynthia E. Goudeau, City Clerk E? , hem # CLEARWATER CITY COMMISSION 9 Agenda Cover Memorandum Meeting Date TEO 10 - 11 - c16 SUBJECT: Approve, consent to, and acknowledge Assignment and Assumption of Lease with Peerless Supply, Inc. to Noland Properties, Inc. RECOMMENDATION/MOTION: Approve, consent to, and acknowledge an Assignment and Assumption of Lease with Peerless Supply, Inc. to Noland Properties, [lie. dated September 26, 1996, regarding City-owned property legally described as the West 157 feet of Lot 7, A. H. DUNCAN'S RESUBDMSION of the West % of the Northeast '/a of Section 22, Township 29 South, Range 15 East, F-1 and that the appmpriale otricials be authorized to execute satne. SUMMARY: • On March 7, 1996 the City Commission approved a 5 year lease renewal of vacant City-owned property commonly known as 1435 South Greenwood Avenue to Peerless Supply, Inc. commencing August 1, 1996 and terminating July 31, 2001. Noland Properties, Inc. a Virginia corporation C'Noland"), has purchased the assets of Peerless Supply, Inc. In connection with the purchase, Noland has assumed Peerless' aforementioned lease obligations to the City as of September 26, 1996 (EXHIBIT "N'). • Article XIV of the lease requires City consent to a lease assignment. Under that provision, Noland requests the City approve, consent to, and acknowledge its assumption of the lease obligations after the fact by executing LESSOR'S CONSENT AND ACKNOWLEDGMENT in form as attached as EXHIBIT "B". Finance confirms all rent payments are current and paid in full as of September 1, 1996. • Noland Properties, Inc. is wholly-owned subsidiary of the Noland Company, a publicly traded heating and plumbing supply corporation founded in 1915 and currently operating in 15 southern states. Two summary pages of Noland's 1995 annual report are attached as EXHIBIT "C". Reviewed by: Legal Budget NIA Purchasing NIA Originating Dept. Engineering User Dept. Risk Mgrnt. NIA Advertised: Costs: NIA (Current FYI Funding Source: Capt. Imp. Operating Is NIA Date: _ Other ACM ENG. Finance r? Submitted By: C' Mafler Peerless Assignment Agn. Paper: Not required: NIA Affected parties I Appropriation Code(s) notified Not Required Commission Action Approved Approved wlconditions Denied Cont'd to Attachments: Executed Assignment and Assumption of Lease Lessor's Consent and Acknowledgment form Noland Company financial data do ...??. - .... ,? !:3,i!''?o ?.f.'r.a .*::?'.. ??:q'.4..?,?•i.t??1 •?' ., ?.'??!• . - •?: i.e: rw .': ..a?' .CY ?ti' ?:+ ? ?!? C?r.;+a%tiR.?.'.14^ri"? LESSOR'S CONSENT AND ACKNOWLEDGMENT City of Clearwater, a Florida municipality, in its capacity as lessor (the "Lessor") under the Lease dated March 15, 1996 (the "Lease"), between the Lessor as landlord, and Peerless Supply, Inc., as tenant (the "Assignor"), does hereby consent to the assignment of the lease on the terms, covenants and conditions set forth in the foregoing Assignment and Assumption of lease and does hereby acknowledge and certify as follows: 1. The lease is in full force and effect; 2. To the best of Lessor's knowledge, Assignor has fully, completely and in a timely manner observed and performed all covenants, duties and obligations on the part of the Tenant to be observed or performed under the Lease- prior to the date of this Consent and Acknowledgment; and 3. All rent and additional rent due under the Lease as of September 1, 1996, has been paid in full. IN WITNESS WHEREOF, Lessor has caused this Consent and Acknowledgment to be executed as of the day of October, 1996. COUNTERSIGNED: Rita Garvey, Mayor-Commissioner CITY OF CLEARWATER, FLORIDA By: _ Elizabeth M. Deptula, City Manager APPROVED AS TO FORM AND LEGAL SUFFICIENCY: n Carassas, Assistant City Attorney ATTEST: Cynthia E. Goudeau, City Clerk CORPORATE: 14878_1(BBR_1 ) ASSIGNMENT AND ASSUAIMON OF LEASE THIS ASSIGNMENT AND ASSUMP'T'ION OF LEASE is made as of the I* 4t- day of September, 1996, between Peerless Supply, Inc. ("Assignor") and Noland Properties, Inc. ("Assignee"). RECITALS: 1. Pursuant to a certain Lease dated March 15, 1996, Assignor leases the premises commonly known as city owned premises at 1435 South Greenwood Avenue, Clearwater, Florida 34616 (the "Lease"). 2. Assignor and Assignee intend for Assignor to assign to Assignee all of its right, title and interest in, under and to the Lease and for Assignee to assume Assignor's duties and obligations thereunder. 3. Article XIV of the Lease prohibits such assignment and assumption without the consent of the City of Clearwater in its capacity as lessor (the "Lessor"). 4. The Lessor has agreed to give its consent to such assignment and assumption. NOW, THEREFORE, for one dollar and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, Assignor and Assignee hereby agree as follows: 1. Assignor assigns; transfers and sets over to Assignee all of its right, title and interest in, under and to the Lease. 2. Assignor represents and warrants that attached hereto as Schedule A is a true, correct and complete copy of the Lease. 3. Assignor represents and warrants to Assignee that Assignor and, to the best of its knowledge, Lessor have fully and completely observed and performed all covenants, duties and obligations on their respective parts to be observed or performed under the Lease prior to the date of this Assignment. Assignor hereby covenants and agrees to indemnify, save and hold harmless Assignee from and against any and all liabilities, claims or causes of action existing in favor of or asserted by Lessor, or by any third party, arising out of or related to Assignor's use or occupancy of the property leased pursuant to the Lease or the Assignee's failure to perform any of its obligations arising under the Lease on or before the date of this Assignment. , It- i t -2- 4. Assignee hereby assumes and shall at all times be liable to observe and perform all of the covenants, duties and obligations under the Lease required to be observed or performed by the Assignor as lessee thereunder from and after the date of this Assignment.' 5. This Assignment shall be binding upon and inure to the benefit of the parties hereto and their successors and assigns. IN WITNESS WHEREOF, Assignor and Assignee have caused this Assignment and Assumption of Lease to be executed and delivered as of the day and year first above written. ASSIGNOR: PEERLESS SUPPLY, INC. By. ASSIGNEE: NOLAND PROPERTIES, INC. • LJ? 1)"'d By: ww 4900 : . LLASL AGREEMENT r W- THIS LEASE AGREEMENT is made and entered into this Alcipality, day of 11.996, by and between the CITY OF CLEARWATER, a Florida herein called the "Lessor", and PEERLESS SUPPLY, INC., a Florida corporation, herein called the "Lessee". This agreement represents the whole and entire agreement between Lessor and Lessee and the following articles and sections are herein incorporated: ARTICLES Article I. TITLE Article II. TERM Article III. LEASEHOLD Article IV. RIGHTS AND RESPONSIBILITIES section. 1. Use of Premises section 2. Maintenance of Premises section 3. Repair and Improvements Section 4. Utilities Section 5. Quiet Enjoyment Article V. LEASE RENTAL PAYMENTS AND FEES Section 1. Rental Payments Section 2. Late Fee Article VI. EXCLUSIVE LEASE Article VII. TAXES Article VIII. INSURANCE Section 1. Minimum Scope of Insurance Section 2. Minimum Limits of Insurance Section 3. Additional Named Insured section 4. verification of Coverage Article IX. CASUALTY DAMAGE TO PREMISES section 1. Reparable Damage section 2. Catastrophic Damage section 3. Waiver of Recovery Rights Article X. LIABILITY AND INDEMNIFICATION Article XI. AMERICANS WITH DISABILITIES ACT Article XII. NON-DISCRIMINATION Section 1. No Exclusion From Use Section 2. No Exclusion From Hire Section 3. Observation of Various Laws Section 4. Breach of Nondiscrimination Covenants Article XIII. DISCLAIMER OF WARRANTIES Article XIV. ASSIGNMENT OF LEASE Article XV. DEFAULT AND TERMINATION Section 1. Termination By Lessee Section 2. Termination By Lessor Section 3. Exercise Section a•. Removal of Property ' Section 5. Causes of Breach and Waiver* .. 1 Article XVI. Section Section Section Article XVII. Article XVIII. ENVIRONMENTAL MATTERS 1. No Warranties By Lessor 2. Lessor Held Harmless 3. Radon Gas Advisory NOTICE EFFECTIVE DATE W 7 T I+N E S S E T H : WHEREAS, the Lessor has ownership of and control over the use of the City--owned structures and premises now known as 1435 South Greenwood Avenue, Clearwater, Florida 34616; and WHEREAS, Lessee desires to use such premises for private business purposes; and WHEREAS, Lessor desires to lease out such premises; NOW, THEREFORE, in consideration of the Premises 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 Peerless Supply, Inc. lease. ARTICLE II. TERM The term of this lease shall be for a period of Five (5) years commencing on the First day of August, 1996 and continuing through the 31st day of July, 2001 (the Termination Date) , unless earlier terminated under the terms of this agreement. Lessor extends a first option to Lessee to renew this lease agreement for an additional Five (5) year lease period, upon mutually agreeable terms and conditions, and subject to Lessee not being in default under the terms and provisions of this lease. ARTICLE III. LEASEHOLD The Lessor leases to the Lessee the following described property, including all improvements thereon, located in Pinellas County, Florida, to wit: The West 157 feet of Lot 7, A. H. DUNCAN'S RESUBDIVISION of the W 1/2 of the NE 1/4 of Section 22, Township 29 South, Range 15 East, according to the map or plat thereof as recorded in Plat Book 5, Page 26, of the Public Records of Pinellas County.,. Florida, said property also-..being known as 1435 South Greenwood Avenue, Clearwater, Florida ARTICLE IV. RIGHTS AND RESPONSIBILITIES Section I. _ Use of „Premises- a. Lessee shall use the demised premises adjacent plumbing supply business primarily plumbing fixtures and supplies, partly in temporary sheltered storage facilities, with a consisting of approximately the West 40 feet parking, and for no other purpose. in conjunction with Lessee's for the purpose of storing open storage and partly in small portion of the property to be utilized for employee b. Lessee covenants and agrees to make no unlawful, improper or 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 at the effective date of this agreement, subject only to normal wear and tear. Section 2. Maintenance of Premises. The Lessee shall properly maintain the leasehold in a clean.and orderly condition. Section 3. Repairs and Improvements. a. Lessee may make whatever repairs, alterations and improvements to the premises it deems necessary, providing that the City Manager of 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. Repairs, alterations or improvements attached to the premises shall become the property of Lessor upon the termination or expiration of this lease or any extension hereof unless otherwise indicated by Lessor. r 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 improvements, repairs, or alterations thereof. 8e t o Utilit;L29-st Lessee shall pay all bills for electrical and utility services before such bills become delinquent. Section S. ouiet Enjoyment. Upon payment 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 hinderance or interruption by the Lessor. 3 a ARTICLE V. LEASE RENTAL PAYMENTS AND FEES Section 1. Mental PaymeBts. The Lessee hereby covenants and agrees to pay to Lessor rental therefore in the total sum of not less than Eleven Thousand Four Hundred Sixty and---NO/100's---Dollars ($11,460.00), payable in Sixty, (60) monthly installments of $191.00, plus any applicable sales taxes due thereon, commencing on the 1st day of August, 1996, and due and payable on the 1st day of each and every month thereafter during the full term of the lease until the total rental hereunder has been paid in full. The foregoing minimum rental payments are calculated based on initial lease year annual rental of $2,292.00. The initial lease year rental shall be adjusted upon each succeeding anniversary date of lease commencement commensurate with the U.S. Department of Commerce "National Consumer Price Index" for all urban consumers, U.S. city average ("CPI-U") indicator published in the first month of each anniversary year for the previous full year; provided, however, that the new succeeding year annual rental shall in no case be increased less than 2% nor more than 5% above the previous lease year annual rental. Section 2. Late Fee. It is further understood and agreed between the parties hereto, that if default is made in the payment of rent as above set forth, or any part thereof, and if any installment of rent shall remain unpaid for ten (10) days, whether said rent accrued before or after the expiration of this lease, Lessee agrees to pay in addition to the monthly rental due, a late fee equal to ten percent (10%) of the monthly rental due. ARTICLE VI. EXCLUSIVE LEASE In consideration of the promises and covenants set forth herein, Lessor hereby grants to Lessee and Lessee accepts from Lessor, this exclusive lease, right and privilege to use the property described herein. 'ARTICLE VII. TAXES r Lessee agrees to pay any real property taxes that-may be assessed and levied on the property or on the leasehold created by this document. Any taxes due for a portion of any year shall be prorated between the parties. ARTICLE VIII. 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 i_,., Minimum scope of insurance. A Comprehensive General Liability policy and Fire Insurance policy covering the leased premises and Lessee activities occurring thereon shall be obtained and maintained in force by the Lessee. , 4 section 2. Minimum Limits.of insurance., Comprehensive General Liability Insurance procured in accordance with this article shall have minimum coverage limits of $1,000,000 with respect to personal injury or death to any one (1) person and with respect to personal injury or death arising out of any one (1) occurrence; and $100,000 with respect to property damage arising out of any one (1) occurrence. Further, Lessee shall, from and after the commencement Date, keep insured the building(s) upon the premises against loss or damage by fire and windstorm and other covered casualties with what is generally termed in the insurance trade as "extended coverage." Said insurance shall be maintained in an amount equal to the full insurable value of the building(s). All such policies shall be carried in companies licensed to do business in the State of Florida. Section 3. Additional 11,amed Insured. Each insurance policy issued as a requirement of 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 officials, employees or volunteers. Section 4. Verification of Coverage. Lessee shall furnish the Lesson with Certificates of Insurance with all endorsements affecting coverage required by this article. These forms shall be received and approved by the Lessor's Risk Manager before execution of this Lease agreement by authorized city officials. ARTICLE IX. 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, Lessee shall effect such repair: expeditiously and to the satisfaction of the City's Building official. $2,000 bond to guarantee the completion of such restoration shall be postec with the Lessor by the Lessee upon the execution of this lease by both parties to this agreement. Section 2. Catastrophic Damage. In the event of total destruction of oz catastrophic damage to the demised premises, the Lessee or Lessor ma; terminate this lease as of the date of such damage or upon thirty (30)' day: written notice to the other party to this lease. Section 3. waiver of Recover Rights. Both parties waive any and al. rights of recovery against the other party for any direct or indirect los: occurring to the demised premises in the event of damage categorized it sections 1 and 2 above which is covered by insurance. 5 ARTICLE X. LIABILITY AND INDE14NIPICATION Lessee agrees to assume all risks of the Premises and all liability therefore, and shall defend, indemnify, and hold harmless the Lessor, its officers, agents, and employees from and against any and all loss, liability and damages of whatever nature, to persons and property, including, without limiting the generality of the foregoing, death of any person and loss of the use of any property 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 XI. AMERICANS WITH DISABILITIES ACT Lessee hereby affirms 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"). These would include modifications to the structure, revisions in operations and supporting communications capabilities and procedures and changes in functional location and layout. ARTICLE XII. 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: Y 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. section z. No E clusion Fro Hire. In the construction of* any improvements on, over, or under the premises, and the furnishing of services therein or thereon, no person shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination on the grounds of, or otherwise be subjected to discrimination on the grounds of race, color, religion, sex or national origin. 6 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, the Age Discrimination Act of 1967, the Rehabilitation Act of 1975, Executive Order 11914 and the Americans With Disabilities Act of 1990. . Section 4. Breac of Nondiscrimination covenants... 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 XIII. 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. Lessee agrees that no representations or warranties shall be binding upon the Lessor unless expressed in writing herein or in a duly executed Amendment hereof. Further, Lessor does not warrant and hereby disclaims any and all liability and responsibility for or on account of the condition of the Premises, or any portions thereof, or for or on account of anything affecting such conditions. ARTICLE XIV. ASSIGNMENT OF LEASE This Lease, or any part thereof or interest therein, may not be assigned, transferred or subleased by Lessee without the consent of the Lessor, which consent shall not unreasonably be withheld. It is understood and agreed that the Lessor may, at any time, with notice, assign or delegate any or all of its rights hereunder. ARTICLE XV. DEFAULT AND TERMINATION gection„1. Termination by Lessee. This Agreement shall be subject to termination by Lessee in the event of any one 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. 7 E b. Lessee determines that the premises are so extensively damaged by some casualty that it is impractical or inequitable to repair such leased premises. section 2. Termination by Lessor. This Agreement shall be subject to termination by the Lessor in the event of any one or more of the following events: a. The material default of nonpayment by Lessee as governed by Florida Statute Chapter 63.20. b. The material default by Lessee in the performance of any of the terms, covenants or conditions of this Lease. Agreement, other than nonpayment, and in the failure of the Lessee to remedy, or undertake to remedy, to Lessor's satisfaction such default for a period of thirty (30) days after receipt of notice from Lessor to remedy same. c. The Lessor determines at a duly constituted City Commission meeting that the building or property (said premises) is needed for other municipal services consistent with the City's charter, and serves Lessee with sixty (60) days notice of such intended use. d. Lessor determines that the premises are so extensively damaged by some casualty that it is impractical or inequitable to repair such leased premises. e.. Lessee's vacating or abandoning the premises. section 3. Exercise. 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 sole expense, shall remove from the Premises all signs, trade fixtures, furnishings, personal property, equipment and materials which Lessee was permitted to install or maintain under the rights granted herein. Lessor may effect such removal at Lessee's expense should Lessee fail to remove said installed property within thirty (30) days notice. -Lessee agrees to pay Lessor promptly in the event of such circumstance upon presentation of a proper invoice. Section S. 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 to a failure of Lessee to provide the amounts of insurance contained in Article VII of this Agreement. b. The waiver of any breach, violation or default in or with respect to the performance or observance of the covenants and conditions contained herein shall not be taken to constitute a waiver of any subsequent breach, violation or default in or with respect to the same or any other covenant or condition hereof. 8 ARTICLE XVI. ENVIRONMENTAL MATTERS Sectio I o arra ties H Lessor. Lessor has made no investigation 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. Section 2. Lessor Held Harmless. Lessee agrees to indemnify, defend and hold Lessor, its officials, employees and agents harmless from any claims, judgements, damages, fines, penalties, costs, liabilities (including sums paid in settlement of claims) or loss, including attorneys' fees, consultants' fees, and experts' fees which arise during or after the term or any renewal term in connection with the presence or suspected presence of toxic or hazardous substances on or within the property improvements, the soil, groundwater, or soil vapor on or under the Premises, unless such toxic or hazardous substances are present solely as a result of the negligence or willful misconduct of Lessor, its officials, employees or agents. .Without limiting the generality of the foregoing, this indemnification shall also specifically cover costs in connection with: a. toxic or hazardous substances present or suspected to be present on or within the property improvements, the soil, groundwater or soil vapor on or under the Premises before the date hereof; or b. toxic or hazardous substances that migrate, flow, percolate, diffuse or in any way move into, onto or under the Premises after the date hereof; or c. toxic or hazardous substances present within, on or under the Premises as a result of any discharge, dumping, spilling (accidental or otherwise) onto the Premises during or after the term or any renewal term by any person or entity. Section 3. -- Radon Gas Advisory. As required by Section 404.056(8), Florida 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. Levels 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 public health unit. ARTICLE XVII. 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: 9 1. If to the Lessor, addressed to: City Manager City of Clearwater P. O. BoX 4748 Clearwater, Florida Attest: 2. If to the Lessee, addressed to: Peerless Supply, Inc. 1419 South Greenwood Avenue Clearwater, Florida 34616 ARTICLE XVIII. ATTORNEYS FEES In the event that either party seeks to enforce this agreement or to interpret any provision of this agreement, by law or through attorneys-at- law, or under advice therefrom, the parties agree that all costs including attorneys fees be awarded to the prevailing party. ARTICLE XIX. EFFECTIVE DATE The effective date of this lease shall be the First day of August, 1996. IN WITNESS WHEREOF, the parties hereto have set their hands and seals this 4-j[ f ' day of , , 1996. Signed, sealed & delivered in the presence of: Print name Print: n e a Sfho Co t rs ig - 1:4? -"'- Rata Garvey, Mayor-C m,issioner Approved as to form and correctness: Jdhn C. Carassas Assistant City Attorney PEERLESS SUPPLY, INC. By. (?! L f William . Ko ros Vice Presi ent/General Manager CITY OF CLEARWATER By: ? <-I-- Eli.z th M Deptula, City Manager 10 34618-4748 01 ALW-' ?- - da?--?? Cyr a E. Goudeau, City Clerk fab-16-96 01:16P Cloarwatur Eng. Survicas 1313-462-b641 n-oa?/ 1 w If PAR M ? r ,., - Poo w^ rv - WWII e, PROPERTY Mftlk LOCA TION + I435 SOUTH GREENWOOD AVVNCIR (Lease to peerless supply, Xne.) -• r I P.02 $"Y! X B "B" -4- LESSOR'S CONSENT AND ACKNOWLEDGMENT City of Clearwater, a Florida municipality, in its capacity as lessor (the "Lessor") under the Lease dated March 15, 1996 (the "Lease"), between the Lessor as landlord, and Peerless Supply, Inc., as tenant (the "Assignor"), does hereby consent to the assignment of the lease on the terms, covenants and conditions set forth in the foregoing Assignment and Assumption of lease and does hereby acknowledge and certify as follows: 1. The lease is in full force and effect; 2. To the best of Lessor's knowledge, Assignor has fully, completely and in a timely manner observed and performed all covenants, duties and obligations on the part of the Tenant to be observed or performed under the Lease prior to the date of this Consent and Acknowledgment; and 3. All rent and additional rent due under the Lease as of September 1, 1996, has been paid in full. IN WITNESS WHEREOF, Lessor has caused this Consent and Acknowledgment to be executed as of the day of October, 1996. COUNTERSIGNED: Rita Garvey, Mayor-Commissioner CITY OF CLEARWATER, FLORIDA By: Elizabeth M. Deptuia, City Manager APPROVED AS TO FORM AND LEGAL SUFFICIENCY: John Carassas, Assistant City Attorney ATTEST: Cynthia E. Goudeau, City Clerk CORPORATE: 14 679„1 IBBR_1? 1 1 E .E J A brief look at Noland Noland Company is one of the nation's leading Independent wholesalers, providing some 24,000 customers -- contractors, industrial plants, utilities, and others - with mechanical equipment and supplies they need to do their work. Headquartered in Newport News, Va., where the business was founded in 1915, Noland operates 99 branches in 15 states. To properly serve the diverse needs of its markets, the Company purchases for resale hundreds of thousands of products from more than 2,000 manu- facturers. These products are sold through four distinct product departments: Plumbing/Heating, Air Conditioning/Refrigeration, Electrical, and Industrial. The Company's common stock is traded- over the counter as part of NASDAQ's National Market System (symbol: NO>_D), EXHIBIJ -C- TABLE OF CONTENTS Financial Hightights 1 Lotter to Shareholders 2 Year in Review 4 Outlook 1996 6 Management's Discussion and Analysis 10 Sates by Product Department 11 Report of Management 12 Report of Independent Accountants 12 Consolidated Financial Statements 13 Quarterly Financial Data 13 Notes to Consolidated Financial Statements 16 Ten-Year Review of Selected Financial Data 2D Branch Managers and Locations 22 Board of Directors and Officers 24 Shareholder and Imrestor Information Inside Hack Cover I -? E '" " (page 12) (Dollar amounts In thousands, except per share data) % Change 1995 1994 For the Year Sales +6.7% $469,512 $440,202 Gross Profit +3.4% 89,087 86,166 Operating Expenses +6.6% 83,389 78,259 Interest Expense +23.4% 3,239 2,626 Income Before Income Taxes -22.1% 6,237 10,568 Income Taxes -24.2% 3,290 4,341 Net income -20.5% 4,947 6,227 Cash Dividends Paid to Stockholders +16.7% 1,036 888 Income Reinvested in the Company -26.7% 3,911 5,339 Depreciation and Amortization +6.8% 6,655 6,232 Property and Equipment Expenditures -10.4% 91735 10,858 At Year-End Working Capital +9.6% $ 71,889 $ 65,575 Current Ratio +18.2% 2.40 2.03 Total Assets -1.6% 213,520 217,085 Long-Term Debt +12.7% 41,611 36,914 Stockholders' Equity +3.596 111,688 107,865 'Per Share Data Net Income (3.700,876 shares outstanding) -20.5% S 1.34 $ 1.68 Cash Dividends +16.7% .28 .24 Stockholders' Equlty (Book Value) +3.5% 30.18 29.15 Number of Stockholders +2.0% 2,500 2,450 Number of Employees at December 31 -4.9% 1,655 1,741 s- - • J 1?1 Ialt I= IM IM IM ton M2 IM 0*4 Ina ¦ S.k.o Tame 0 Tom !q M IM 1143 M4 Ift Oftia.r1comb 10 % a cow ow~ Gwww [*won ?.3t a m we N.0~ e!% a TAM" C LM 0OMOV+4 02% Item. #21 ?7? SUBJECT: Clearwater City Commission Agenda Cover Memorandum Item N: Meeting Date: 9.....L Io.i79L Allen's Creek Experimental Water Quality Treatment Demonstration Project Cooperative Easement Agreement RECOMMENDATION/MOTION: Approve a Cooperative Easement Agreement between the City and the School Board of Pinellas County for construction of a demonstration stormwater treatment project at Clearwater High School, © and that the appropriate officials be authorized to execute same. BACKGROUND: • An Interlocal Agreement for design and construction of this project between the City and the Southwest Florida Water Management District (SWFWMD) was approved by the City Commission and executed in August 1995. This agreement provides for a 50% cost share by SWFWMD up to a maximum contribution of $150,000. It also requires a separate agreement with Pinellas County Schools for the project implementation on School Board property. • The project consists of construction of a stormwater treatment facility on Pinellas County Schools property adjacent to Clearwater High School. The facility will treat runoff from approximately 100 acres adjacent to and including Gulf to Bay Boulevard from Glenwood Avenue to Hercules Avenue. Various stormwater treatment methods will be used; and the system will be monitored, sampled and analyzed to determine the effectiveness of the treatment methods. • Pinellas County school students throughout the School District will conduct the monitoring and sampling as a part of a water quality treatment curriculum to be developed. • This Cooperative Easement Agreement formalizes the responsibilities of the City and the School Board, including provisions for maintenance and establishment of access and drainage easements as necessary to supplement the Interlocal Agreement with the SWFWMD. • The School Board will be responsible for curriculum development and routine operation of the facility, while the City will be responsible for maintenance and post-construction reporting as required by the permitting agencies. • The City Commission has approved this project through the FY 97 Capital Improvement Program. • The Environmental Advisory Board reviewed and endorsed the project at the July 19, 1995 meeting. Reviewed by: Legal Originating Department: Engineering ' costs: NIA Commission Action: ? Approved Budget N/A ' Total ? Approved wlCondiltons Purchasing IA User Department: ? Denied Risk Mgmt. Current Fiscal Year ? Continued to: IS /A Funding Source: ACM ? Capital Improvement: Eng , Advertised: ? Operating: Date: ? other: Attachments: Paper: Cooperative Easement Agreement Submitted by: E Not Required Appropriation Code Affected Parties: ? Notified ? None Ci ana E Not Required 0 Printed on recycled paper •' Total design and construction costs for the project are estimated to be $300,000, with $150,000 being offset by the contribution from SWFWMD. The funds are available in Capital Improvement Project 315- 96103, Stormwater Quality Improvements. This agreement does not commit any City funds at this time. Funds will be committed at the time of consultant selection, subsequent to Commission review and approval. COOPERATIVE EASEMENT AGREEMENT BETWEEN THE CITY OF CLEARWATER, FLORIDA AND THE SCHOOL BOARD OF PINE, LLAS COUNTY, FLORIDA, TO CONSTRUCT, OPERATE AND MAINTAIN AN EXPERIMENTAL WATER QUALITY TREATMENT PROJECT AT CLEARWATER HIGH SCHOOL IN CLEARWATER, FLORIDA THIS COOPERATIVE AGREEMENT is entered into this day of ?; 1996, by and between the City of Clearwater, a political subdivision of the State of Florida, hereinafter referred to as the "CITY," and the School Board of Pinellas County, Florida, a body corporate, hereinafter referred to as the "BOARD". WITNESSETH: WHEREAS, the CITY, pursuant to Chapter 32, Article X, Clearwater Code of Ordinances, has been given the authority and responsibility to protect the surface waters within the city; and, WHEREAS, the Board owns and operates Clearwater High School, located at the southwest corner of the intersection of Hercules Avenue and Gulf to Bay Boulevard, on property immediately adjacent to Aliens Creek, a major tributary to Tampa Bay in Clearwater as shown on the plat attached hereto as Exhibit "A" and made part hereof; and, WHEREAS, Aliens Creek has been identified as exhibiting impaired water quality and the recommended intent of the Aliens Creek Watershed Management Plan is to install water quality improvements in the basin; and, WHEREAS, the CITY has received a funding commitment from the Southwest Florida Water Management District (SWFWMD) for construction of an experimental water quality treatment project to treat runoff from an approximately 100 acre drainage basin, hereinafter referred to as the "PROJECT"; and 1 WHEREAS, the CITY is responsible for acquiring the necessary land interests from the BOARD to construct, operate and maintain the PROJECT, to be situated west of Arcturas Avenue; and WHEREAS, the BOARD wishes to develop a curriculum for Clearwater High School students which will provide exposure to stormwater quality treatment principles; and, WHEREAS, the CITY and the BOARD have reached an understanding as to the relationship and obligations each party shall have with regard to accomplishing the PROJECT, and hereby desire to reduce said understanding to this written Cooperative Easement Agreement (the "Agreement"). NOW, THEREFORE, in consideration of the premises and the mutual covenants, conditions and terms set forth herein, the CITY and the BOARD hereby mutually agree as follows: 1. SCOPE OF WORK. a. The CITY shall be responsible for obtaining all geotechnical and field survey work; design of the stormwater treatment facilities; preparation of construction plans and specifications for construction of the stormwater treatment facilities; state and local permitting; preparation of bid packages; contractor selection; construction administration; and post construction maintenance, monitoring and reporting for the PROJECT. b. The BOARD's Agribusiness Office shall be responsible for development and implementation of a water quality treatment curriculum which may be used by selected educational programs throughout the school district in conjunction with the Project. In addition, the BOARD will provide training for instructional personnel on the use of the facility. Teachers will schedule the facility use through Clearwater High School and be 2 responsible for the appropriate use of the facility. The Pinellas County Schools science and agribusiness offices will remain responsible for curriculum upgrading and may make suggestions to the City for maintenance and upgrading of the facility as technology and service needs change. All studies and demonstration projects will be shared with the CITY, SWFWMD, and applicable educational programs throughout the county. 2. PROJECT SITE. The parcel of land on which the PROJECT will be located is described in Exhibit "B" attached hereto. 3. EASEMENT. As a part of this Agreement, the BOARD hereby grants the CITY a perpetual, nonexclusive drainage easement covering the land on which the PROJECT is located (as described in Exhibit "B" attached hereto). In addition, the BOARD hereby grants the CITY a temporary construction easement giving the CITY and its agents reasonable access to the PROJECT site to allow for the construction of the PROJECT. Upon completion of the PROJECT, said temporary construction easement automatically shall terminate. Thereafter, the CITY shall have a perpetual, non-exclusive easement over the property described in Exhibit "B" hereto for the following, limited purposes: a. to provide the CITY and its ?gents with ingress and egress to the PROJECT for the purposes described hereafter; b. to allow the CITY to perform all post-construction monitoring and reporting required by any and all permits issued for the PROJECT; and c. to perform any maintenance work agreed to by the parties and to make any repairs that may be needed. If CITY staff requires the use of the Clearwater High School site for ingress/egress to the PROJECT, CITY staff shall notify Clearwater High School administrative staff prior to 3 entering the Clearwater High School site. No physical modification shall be made to the stormwater treatment facility, except as provided in this Agreement, unless approved in writing by the CITY, by the BOARD, and by any other Federal or State authorities having jurisdiction over the PROJECT. 4. CONTRACTOR. The CITY shall engage the services of a general contractor through a competitive bid process to construct the PROJECT. Nothing contained herein shall create any obligation on the part of the BOARD to defend any challenge brought by any offerer regarding selection of the contractor. The contract between the CITY and the contractor shall require a Performance, Payment and Guarantee Bond and the contractor's comprehensive liability insurance shall name the SWFWMD, the CITY and the BOARD as additional insureds. The CITY shall deliver proof of said insurance to the Board's Risk Management Department, 301 4th Street SW, Largo, FL 34640. 5. COMPLIANCE WITH BOARD REQUIREMENTS. Coincident with the PROJECT'S design, the CITY shall meet with BOARD staff to review the PROJECT'S design to ensure the PROJECT will comply with all applicable BOARD requirements. Final design is subject to approval by Board staff. Thereafter, no material changes to the design shall be made without the BOARD'S written consent, which consent shall not unreasonably be withheld. 6. PERMITS. The CITY shall act as the applicant of all permit applications required for the PROJECT and shall be responsible for all applicable permit application fees. 7. FLMn G. Although the CITY contemplates that 50% of the cost of construction of the PROJECT will be reimbursed to the CITY by the SWFWMD, the CITY nevertheless shall be responsible for all costs associated with the design, permitting, construction advertisement and construction administration of the PROJECT. The CITY shall be 4 responsible for all post-construction maintenance, monitoring and reporting that may be identified in applicable permit(s) issued for the PROJECT, 8, REPORTING. The CITY shall provide the BOARD with copies of all reports, models, studies, maps, construction and as-built plans and other documents resulting from the PROJECT. 9. ASSIGNMENT, INSPECTION AND TERMINATION. The City and Board will not assign this Agreement or sublet the premises or any part thereof without the written consent of the other party. The Board, its off iciers, agents and servants, shall have the right to enter and inspect the subject premises and the operation being conducted thereon at reasonable times. This Agreement shall remain in effect unless terminated by either party as follows: a. Upon breach of this Agreement by a party, the other party shall give written notice of termination of this Agreement specifying the claimed breach and the action required to cure the breach. If the breaching party fails to cure the breach within five (5) days from receipt of said notice, then the contract shall terminate ten (10) days from receipt of the written notice; b. Either party may terminate this Agreement by giving written notice to the other party that the Agreement will terminate one (1) year from the receipt of said notice by the other party. Upon termination of this Agreement for any reason or upon reversion of the drainage easement to the Board, and upon notice by the Board, the City shall remove any Project improvements within the drainage easement, subject to issuance by SWFWMD of a permit to I { remove water-quality ponds. 5 10.- RELEASE OF-INFORMATION. The CITY shall'not conduct any verbal or written media interviews or issue press releases on or about the Project without prior approval from the BOARD. 11.- NOTICES All written notices to the CITY and the BOARD under this Agreement shall be sufficient if sent by the parties in the United States mail, postage paid, to the addresses noted below: CITY BOARD R Michael D. Quillen, P.E. Dr. J. Howard Hinesley City of Clearwater Superintendent of Schools Engineering Department/Environmental Management Pinellas County Schools P.O. Box 4748 P. O. Box 2942 Clearwater, Florida 34618-4748 Largo, FL 34649-2942 12.- THIRD PARTY BENEFICIARIES. Nothing in this Agreement shall be construed to benefit any person or entity not a party to this Agreement. 13.- MODIFICATIONS. This Agreement constitutes the entire agreement between the parties and may be amended only by a written mutual agreement specifically referencing this Agreement and signed by all parties hereto. 14.- INDEMNIFICATION. The CITY hereby indemnifies and holds harmless the BOARD for any damages or liabilities incurred by the BOARD (including legal fees) resulting from negligent and/or faulty design, construction, operation, or repair, of the Project, provided, however, that the maximum sum for which the CITY shall be exposed to liability in this paragraph 14 shall not exceed those sums of money permissible under and by the terms of Section 768.28, Florida Statutes. -6- 15, ATTORNEYS' FEES. Should either party employ an attorney or attorneys to enforce any of the provisions hereof, or to protect its interest in any matter arising under this Agreement, or to recover damages for the breach of this Agreement, the party prevailing shall be entitled to recover from the other party all reasonable costs, charges and expenses, including attorneys' fees, expended or incurred in connection therewith. IN WITNESS WHEREOF, the parties hereto, or their lawful representatives, have executed this Agreement as of the date first above written. Signed, sealed and delivered in the presence of: CITY OF CLEARWATER, FLORIDA THE SCHOOL BOARD OF PINELLAS COUNTY, FLORIDA By: Rita Garvey, Mayor-Commissioner By: Elizabeth DeputIa, City Manager Attest: By: Chairman By: Ex-Officio Secretary Attest: By: Cynthia E. Goudeau Approved as to form and legal sufficiency City Attorney's Office A roved as to form Sc o01 and Attorney Date: s&tttmndC115.914 Date: 7 i ,. r + 7 Y 0. A ? YYq ? = 0 n ? xart?a3n s ? M an?aa ? aara o?naa ? '?? N r w r ? tVtf Wn '? . . e Sfl@111N dYOa "nounNYa ^ ^ w ¦ r ? - = ? ? ? .mot, Z w w Nr Snbb Is • • vf'i R ? . r re ` r ^ O ? N H S3ln UN -S f"s z Yaoanr -S W 0-4 MO 75 AS 13 = a C ? a W313A s ? x w ¦ + w r? ? ? OJ W mot w 1 Fai ?,?] suns-,t Y -s Q U ti n r w Awls r x a a A a rNOaoa 5 WWOOae W W 3nrao ?i . w r? * ?r C w n • n r ? ?W/ ? p } ? w + ? - w n • w r w ¦ F+i H SnSvo3d 'S = 3AY 3r1Y1 AOYHS 3NYI YwJOaIn 7 IE + W I & ?- li 3Ar oN"1Jrd ' NOW s •• k- ? v r w in/C ITI.E ¦ r + w r n n • Ir + r r X M H nG ?4/?y o - ? . ^ r 1 ? h ? ? ? r t GULF TO BAY BLVD. 4n?r„1 Mw 71 t 1 "a 100' LEGAL DESCRIPTION: Commence at the SE corner of Lot 18 Brookside Sub, pb 31-11 thence run N04'-45'-01"W, 310' to the P.O.B. thence continue N04'--45'-01 "W, 939.17', to a point on the South R-O-W of GULF TO BAY BLVD. thence S89'-22'-01"E. 20', thence S04'-45'-36"E, 514.37', thence Sl l'-28'-20"E, 78.19' thence S03'-05'-32"E, 166.69' thence N89'-42'-41"E, 178.70' thence S00'-17'-19"E, 160.00` thence N89'-42'-41 "E, 20.00' thence S00'-17'-19"E, 20.00' thence S89'-42'-41'W, 210,06' to the P.O.B. Construction and Maintenance Easement 1= co • Uf war?YJ?7 to oa' B P 0 . . . "W a In x ? Y) 4 n U i i --- EXHIBIT N.'L Z•4 B aro?iK . fro #Y.Pfi i:wy.Y/Y}.vT'w>. •Fn ,. .. .•-. .._ ? _-_'_- f- ?_ .. .. Ilan ;? •. ?- CLEARWATER CITY COMMISSION N Agenda Cover Memorandum Mooting Date fi ``-' oQ E?TE `' j?• 117 •r16 SUBJECT: New Airplane Hangars at Clearwater Airpark (96-3) FDOT WPI No. 7826645 RECOMMENDATION/MOTION: Award a contract for the New Airplane Hangars at Clearwater Airpark (96-3) to Hennessy Construction Services, Corp., of St. Petersburg, Florida for the sum of $485,124.48 which is the lowest most responsive bid received in accordance with plans and specifications, 0 and that the appropriate officials be authorized to execute same, SUMMARY: O On August 23, 1995 the City of Clearwater approved a Supplemental Joint Project Agreement (JPA) with the State of Florida, Department of Transportation, for the purpose of constructing enclosed airplane hangars at Clearwater Airpark. The JPA authorized the construction of the new airplane hangars on a 50150 cost sharing basis with the City's share coming from the Capital Improvement Fund. The State of Florida will reimburse the City for the State's share upon completion of the project. The proposed budget for this project was estimated to be $450,000.00. The FDOT Aviation Programs Supervisor, Mr. John Roeller, has approved tl;;is project and is amending the existing JPA to include additional FDOT funding to provide for a true 50/50 split on construction costs. • The construction of these airplane hangars is shown on the Clearwater Airpark Masterplan that was approved by the City Commission in 1989 and also in the Airpark Business Plan. o This project includes the construction of two (2) general aviation enclosed airplane T-hangars. The proposed hangars will provide a total of seventeen (17) airplane storage bays. The project also includes the construction of new asphalt taxiways and ramps to serve the new hangars as well as a stormwater collection/retention system, A Southwest Florida Water Management District (SWFWMD) stormwater management permit has been issued for ties project. These seventeen (17) additional airplane storage bays will generate an anticipated City revenue share of $45,900 per year. This revenue share is based on the proposal that the City's share of total proceeds would be 75% and the prospective Fixed Based Operator's would be 25%. In addition, the pay back period for the City's proportionate share of the construction cost is some 8 years, continued: Rovlewed by: originating Dept. Costs: $485.124.45 .. Commission Action r Lagal Engineering (Curront FY) X Approved Budget`-' User Dept. Funding Source: Approved w/conditions Purchasing Capt.Inip. X Denied Risk Mgmt, Advertised: Operating Cont'd to Is N/A Date: 07/17196_ & 07123/96_ Other AGM Paper: St Petersburg, Times AV Not required: ENG. OTHER Affected parties Appropriation Codats) Attachments: notified submitted By. 315-94713-663600-642-000 Bid tabulation and summary CitAer Not Required x Page 2 continued; Agenda Item New Airplane Hangars at Clearwater Airpark •' This project will begin on or about November 1, 1996 and be completed within 120 calendar days. • The City's portion of the contract costs will be $242,562,24. Funding in the amount of $163,336,31 is available in Capital Improvement Project 315-94713, Airpark Master Plan. In addition, $112,000 is provided in recommended 1996197 Capital Improvement Budget for this project, for a total of $275,336,31 of available funding. w SrAflr Of FWRtOA DEPARrWhrr OF tKANStORTAMN PUBLIC TRANSPORTATION PUDUCTRA sP AMON SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT #i °WX; ° WP1 No: --B2664S Fund:.IJ-lf1 SAMAS Approp:-=719 - Funcdon:.617 SAMAS Obj.:..29M Job No: ,_L5 BSI Federal No: Org. Coda:..55072f12072A - ._.. Contract No:.Ar744 Vendor No.: ES 2- -- - THIS AGREEMENT, made and entered into this day of l9 by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter referred to as the Department, and-CITY OE CIt~ARWATt±R. _Q_J3Qx n_4R, Cl RARWATI:R. FLORIDA 3461"749 hereinafter referred to as Agency. WITNESSETH: WHEREAS, the Department and the Agency heretofore on the Mst_ of IIINE 199-5 entered into a Joint Participation Agroctrrertt; and WHEREAS, the Agency desires to accomplish certain project items as outlined in the Allaclunent "A" appended hereto; and WHEREAS, the Department desires to participate in tell elibibla itetus for this project as outlined in Attaclunent "A" fora taMl Department Share of 5225,1 M NOW, THEREFORE THIS INDENTURE WITNESSETH: tlu?t for mxl in consideration of the mutual benefits to flow front eAclr to the other, the parties hereto agree that the above described Joint Participation Agreement is to be aruetxte;d and suppletuenuxl as follows: 1.00 Project Description: The project description is amended to include: NO CHANGE. 2.00 Project Cost: Paragraph 3.00 of said Agreement is increasodlXXXXXXXXX by $-IM-Ow bringing the revisal total cost of the project to.$+45t1,[1fltL- Paragraph 4.00 of said Agreement is incr -XX by $-I U bringing the Department's revisal sharo in the project to $??S,tltlt] _ ,_ 3.00 Amended Exhibits: Exhibii(XJ of said Agreement is (XXX) Amended by Attachment "A'. 4,00 Contract Time: P&mgneptr 16.00 of said Agreement is amcadod NOCHANGE - FORM WIMOt PUBLIC TFLANSP ADON OOC-0741 • . Pn.2 a 3 WPI NO. M264-5 JOB NO. __ 5DOO-.35.16_ ..,, Contract NO. -AC Agreement Date Except as hereby modified, amended or changed, all other terms of said Agreement dated ALINE2Lrt995 and any subsequent supplements shall remain in full force and effect, IN WITNESS WHEREOF, the parties hereto have caused dim presents be executed, the day and year first above written, .AGENCY DATE FUNDING APPROVED BY COMPTROLLER CITY OF CLEARWATER (SEE ATTACHED ENCUMBRANCE FORM) 23 z9 e?5- APPROVED AS TO FORM, LEGALITY A RN DEPARTMENT OF TRANSPO !ON DEPARTMENT OF TRANSPORTATION D1 RECMR DE El ]!fir AND 12RAMS _ ' TITLE rom T)3_mal rUUUC TRANSP AOMIN ow • 071% rtt??3 WPI NO, -7826695 _`.. JOB NO. J5000--3516 Contract No. -AC244 _- Agreement Date ATTACHMENT "A" SUPPLEMENTAL AGREEMENT This Attachment forms an integral part of that certain Supplemental Joint Participation Agreement between the State of Florida, Department of Transportation and CITY E-CLE-ARWA'rF__ ER. 2.0 ROX 4248, R,_E CHUDA dated DESCRIPTION OF SUPPLEMENT (Include justification for cost change): This is a. multi-year funded project. The Department is adding $150,000 in FY 95/96 to bring the Department's share to $225,000. Local funding is increasing equally. 1. Project Cost: As Approved . As Amended Net Change Total Project Cost: 150,000 450,000 300,000 11. Fund Participation: Agency 75,000 225,000 150,000 DS 75,000 *225,000 150,000 Total Project Cost: 150,000 450,000 300,000 *The Department may participate in up to one half of the no n-federal share of this project as provided by Florida Statute, 332.007(6). xe[YCu11 rA"W (? 19 •f O !? S S S ? EO ? A W V ? O T C? r0 ?4 tD r A ? ?? r 1tl CV N N ? ? N N H N N VI N N N N N N [rf rnm A 04 ? Ln 'fir tJ pp i0 r ? U., ? co C)bi ? ti A i LL 0. y N N N H N 6* N N N y H U pG p C S S VI Q O S S p O S S , ?/ O pp O ?O p O m to yr C S n p O t? Oi J p C r% p G km p q O m p O 1h S r r ,{ N Y N Q a ? H N N N IA N N N N N N (?? S z p p S ? S r: pp O n N p Q p O S p 1? ? 5 $ 0 T e `r co T 0 $ m S ?n fX i?l T, Q N N N N N N N H N N N S OR S S S S S S S ci n G .f 4 ? N W N $ Y g 9 ^ $ V d ? R v N OI +? N A + 1 N N H N N H N N N H N W S °o °a ? n ti n v °o S S 0 S ? O O z pp r A ? ? ? N S N CO) g W 4 i2 a ? N H N N N N N N N N N 7? J t17 J tL J lL J >i rls y N } N u? S=1 u? N J N a T O O O g N N T r- T tl ? G G ?p o co M N7 a CC .? T o ?a _ a k o r b ? tu o W g a? ? O °zZ z Z=1 r 0 m ? p 9 za z x a? v ~ ? s c i? FH z ? ? c?z a ? ? oox 0 W r s Z W Y Zm I M z z? j 0 9 ?F °'' 2 L '? F- 0: dp ? 009 C9zF x 0 z m 8 ?+ ?j n O 0?ay g G r ?3 I a z ' ? g aC ? ? Q $ ? Q z ? ( fD uJ 0 N LL V a J? ?J 1V .2N 1!J 4C QO S Owl df r 10 r $ c 'R 0 0 Y C5 CD U Y1 r O O co ti A 1Nf1 IIf a O N ? '??' N N N N N N N M H H N N N O +" M O Y ? p S M f3 p ? S C O d 7 N z a N co r f N r V PT r co Y W z N N H N N N N N H N i.7 p 8 O O O d O C O O ipA H'i O g 5 ? iri 5 ? Ya Q 7S ? t? , m 1- M1 N t9 r O h V Ln m m u1 f???}}} N N N H N N N N N N z z N S r p C . p S p S G O p a $j ui o m? a ? o LU v cl: Q o R a M N N y 1 y N N N N S p Q o S p O p O ? p C p S , p O ti ? pp O p S W4 Q C °+ O N S7 °r G O.r O u4i 0 e°> 81 o 1 C ° O m n ?.! V z r- N ?- if t- m u r w r e+l d ? U An O Q R a ' N H N N N N N N N N N N N TT++?? Q ? 4 4 S S p C7 C! C! O O •T• O S pp if O! (V e7 pp O p Of V U U s •- Y A 0. 0. 4 a U N H N H N N H H N H {jJ z ? = S = ? T ? 3: ? x ? ? ? J Vi I u u u v u J a ~ Q ?` Q $ +' r cl cm G ? h r O ?!! LSl p N r .? .? N ? d ? 4 Q ? 1- K z ° ?? p? V0 oN ua. O C ; 7 x ? ? R a ?. m E ? L L -Z G O 22 O o •- u Q g z O? F ?ioN t?Q U ?u. 0 w aa sn4 ?z ° z p a s z 4 z F w N u a a e to m 1° ? ° z ?- ° ° UJ o S o W M 9 u 3 m ? E- 8 8 o N r M r ?f r kn r- 1D V el M1 14 r d ti- N • p Q Clearwater City Commission Agenda Cover Memorandum 1 Q Stem q Meeting Date: SUBJECT: Consulting Services - Determination of Need for Clearwater Beach CRA RECOMMENDATIONNOTION: Award a contract to O'Neil Planning and Design Services, Inc. for Determination of Need for Clearwater Beach Community Redevelopment designation in the amount of $20,000. ® and that the appropriate officials be authorized to execute same. SUMMARY: • The City has received one response to its Request for Proposals (RFP) for the determination of need for a community redevelopment district for portions of Clearwater Beach. We attribute the low response to the requirement that the selected firm not be considered for the preparation of the CRA plan, if warranted, as well as the complexity of the RFP document in relation to the potential contract fee. A Request for Qualifications (RFQ) approach will be used in future consulting service work of this type to elicit a wider range of responses. The respondent, O'Neil Planning and Design Services, Inc., was judged by the RFP review committee to be highly qualified. Staff has negotiated a contract with this firm. This contract Is attached for your consideration. Work is to be completed by January, 1997, • The negotiated contract is for $20,000, somewhat higher than staff anticipated. However, the scope of work proposed by the respondent includes a structure-by-structure analysis that will be very useful for other purposes, including our unsafe structures, code enforcement, and design guidelines programs. This scope provides the City with good value, in the judgment of staff, • Funding for this contract will be provided by the appropriation of $20,000 from the unappropriated retained earnings of the general fund at the first quarter budget review. Ravlawed by: Originating Department: CENTRAL PERMITTING Costs' 420,000 Commission Action: Legal ? Approved Budget l51 Total ? Approved wlConditlons Purchasing User Department: 020,000 ? Denied Risk Mgmt. NA Current Fiscal Year ? Continued to: Is NA Funding Source: To be ldentlfled ACM ? capital Improvement: Other NA Advertised: Operating: Date: 09106 A 09113; 09113 & p Attachments: 09120 Other: Paper: Warfleld's Tampa Bay PROPOSAL BUBMISSTION Review: Tampa Tribune LIST Submitted by: 17 Not Requirsd Appropriation Code CONTRACT Affected Partial: ? Notified ? None city nape ® Not Rsqulred Printed on recycled paper ¦ 4. REQUEST FOR PROPOSAL 198-96 PROFESSIONAL SERVICES - DETERMINATION OF NEED FOR COMMUNITY DEVELOPMENT DESIGN SEPTEMBER 20, 1996 PROPOSAL SUBMISSION LIST S O'NEIL PLANNING AND DESIGN SERVICES, INCORPORATED ANN M, O'NEIL, RLA, AICP PRESIDENT 5445 MARINER STREET, SUITE 310 TAMPA, FLORIDA 33609 PHONE: 8131288-0903 ADVERTISING WARFIELD'S TAMPA BAY REVIEW TAMPA TRIBUNE REQUEST FOR PROPOSAL TABULATION PROPOSALS SOLICITED: 28 PROPOSALS RECEIVED: 1 "NO-PROPOSAL" RESPONSE: 3 NO REASON GIVEN: 3 SEPTEMBER 6 AND 13,1996 SEPTEMBER 13 AND 209 1996 O'NEIL PLANNING & DESIGN SERVICES, INC. CONTRACTUAL CONDITIONS 1.0 Preamble This Agreement (the "Agreement) is made this _ day of October, 1996 by and between O'Neil Planning & Design Services, Inc. (OP&DS) with offices at 5445 Mariner Street, Suite 310, Tampa, Florida 33609 and the City- p Clearwater, with offices at 100 MY131C Sircet. Cicanvatcr. Florida (Client) on the following terms and conditions. 2.0 Scope of Services A detailed Scope of Services, Schedule of Fees and Project Schedule are provided by OP&DS and are attached hereto and incorporated herein as Attachment A, Attachment D and Attachment C, respectively. Unless otherwise specified in the attached Scope of Services, Client shall: (1) Provide OP&DS all documents, maps, base maps or other information in Client's possession relating to the project and to the physical condition of the site and surrounding area where the project is to be located. (2) Provide OP&DS, in writing, all criteria, standards, and all other information relating to Client as requirements for the project. (3) Provide OP&DS prompt written notice of any defect or suspected defect in its services. 3.0 Charges, Billing and Payment For the performance of its services OP&DS shall be paid by Client in accordance with the fee schedule noted on Attachment B dated October 7, 1996. Billing shall be sent monthly as work is completed. Reimbursable expenses shall be approved by the City ofClearvalces Project Manager, Scott Schuford, and shall include photography expenses, mileage, reproduction expenses and other expenses that may occur in the in the preparation and reproduction of the final work product. 4.0 Termination This Agreement may be terminated by either party by not less than ten days written notice to the other party specifying a substantial failure to perforni in accordance with the terms of the Agreement by the other party through no fault of the terminating party. Such termination shall not be effective if that substantial failure has been remedied before expiration ofthe period specified in the written notice. 5.0 Delays and Force Majeure Neither party shall hold the other responsible for damages or delays caused by act of God, and for omissions of Federal State and local governmental authorities and regulatory agencies or other events which are beyond the reasonable control of the other party and which could not have been reasonably foreseen or prevented. For this purpose, such acts or events shall include storms, floods, epidemics, war, riot, strikes, lockouts or other industrial disturbances, and inability with reasonable diligence to supply personnel, information, or material to the project. Should such acts or events occur, it is agreed that both parties shall use their best efforts to overcome all difficulties arising and to resume as soon as reasonably possible to normal pursuit and schedule of the service covered by this Agreement. 6.0 Extent of Agreement Th'ts Agreement represents the entire contract between Client and OP&DS and supersedes all prior negotiations, representations, or agreements, either written or oral. This Agreement shall supersede any reprinted and/or contradictory items and conditions. 7.0 Compliance with Laws Any provisions of this Agreement held in violation of any law or ordinance shall be deemed stricken, and all remaining provisions shall continue valid and binding upon the parties. Client and OP&DS shall attempt in good faith to replace any invalid or unenforceable provisions of this Agreement with provisions which arc valid and enforceable and which come as close as possible to expressing the intention of the original provisions. 8.0 Litigation In the event of litigation or arbitration between the two parties to this Agreements, each party shall hear its own costs and attorney fees. 9.0 Independent Contractor Status Nothing in this Agreement shall be construed to make OP&DS or any of its employees or agents to be Client employees, agents or representatives (unless specifically so stated). OP&DS shall be an independent contractor and shall have responsibility for any control over the details and means for performing the services described herein. OP&DS shall be subject to the direction of Client only with respect to the scope of Services and the general results required. 10.0 Warranty and Liability OP&DS warrants that its services are performed, within the limits prescribed by its clients, with the usual thoroughness and competence of the consulting profession, in accordance with the standard for professional services at the time those services are rendered. No other w&-rant or representation, either expressed or implied, is included or intended in its proposals, contracts, or reports. OP&DS's liability for injury or loss arising from professional errors or omissions shall not exceed the amount of this contract. OP&DS's liability for all other conditions for which it may be liable under this Agreement shall not exceed . 5250,000. 11.0 Notices Any notice given hereunder shall be deemed served when hand-delivered in person or by commercial counter or express delivery service to an officer or other duly appointed representative of the party to whom the notice is directed, or is sent by registered, certified, or dually posted by regular mail, to the business address identified at the end of this Agreement. 12.0 Governing Law Unless otherwise provided in an Attachment, the laws of the State of Florida will govem the validity of this Agreement, its interpretation and performance, and remedies for contract breach or any other claims related to this Agreement. 13.0 No Third Party Rights This Agreement shall not create any rights or benefits to parties other than Client and OP&DS. 14.0 Ownership of Final Work Product The City of Clearwater shall have the final ownership of all Final Work Product. 15.0 Signatures Unless otherwise specified below, the following signatories are the authorized representatives upon whose decisions and information, each party may rely in performance of this Agreement. Any information of notices required or permitted hereunder shall be deemed to have been sufficiently given to either party is given to these signatories or to such parties and/or addressed as they may subsequently designate. Countersigned: CITY OF CLEARWATER, FLORIDA Rita Garvey Mayor-Commissioner Approved as to form and legal sufficiency; John Carassas Assistant City Attomey By: Elizabeth M. Deptula City Manager Attest: Cynthia E. Goudeau City Clerk CONSULTANT: Firm Name: ' Attachment A SCOPE OF SERVICES CLEARWATER BEACH NEED ANALYSIS PROPOSAL 10/07/96 O'Neil Planning & Design Services, Inc. (OP&DS) in conjunction with Phil Graham & Company will provide research and planning services for the City of Clearwater. These services will include the research for and preparation of a Need Analysis for a Community Redevelopment Designation for the area of Clearwater Beach as identified as the "Initial Area of Analysis Beach Redevelopment" Map as attached to the Request For Proposal (RFP). In order to establish a Community Redevelopment Area pursuant to Chapter 163, Florida Statutes (F.S.), a need analysis must be prepared that finds there to be blighted areas. The local authority must then adopt a resolution concurring that one or more slums or blighted areas exist in the municipality. Chapter 163.34 F.S. defines "Blighted Area" to mean that there arc a substantial number of slum, deteriorated, or deteriorating structures and conditions which endanger life or property by other causes or one or more of the following findings which substantially impairs or arrests the sound growth of a municipality and is a menace to the public's health, safety, morals, or welfare in its present use and condition: 1. Predominance of defective or inadequate site layout; 2. Faulty lot layout in relation to size, adequate accessibility, or usefulness; 3. Unsanitary or unsafe conditions; 4. Deterioration of site or other improvements; 5. Tax or special assessment delinquency evaluating the fair value of the land; and 6. Diversity of ownership or defective or unusual conditions of which prevent the free alienability of land within the deteriorated or hazardous area; or An area in which there exists faulty or inadequate street layout; inadequate parking facilities; or roadways, bridges, or public transportation facilities incapable of handling the volume oftraffc flow into or through the area, either at present or following proposed construction. A "slum area" is defined by Chapter 163 F.S. as an area which there is a predominance of buildings or improvements, whether residential or nonresidential, which by reason of dilapidation, deterioration, age, or obsolescence; inadequate provision for ventilation, light, air, sanitation..., or open spaces; high density of population and overcrowding; the existence of conditions which endanger life or property by fire or other causes; or any combination of such factors is conducive to ill health, transmission of disease, infant mortality, juvenile delinquency, or crime and is dctritnental to the public health, safety, morals, or welfare. Task A Research In order to determine whether a blighted area exists in the designated area of Clearwater Beach, an inventory and analysis of the area will be performed. Research shall include information from the City of Clearwater Comprehensive Plan Housing Element and corresponding Technical Support Document, any previous housing studies or inventories, tax record and tax maps and pertinent Property Appraiser maps and information as necessary. The City shall provide a copy of all studies completed for the designated Clearwater Beach by the City or the City's Consultants, including: area parking studies and inventories; building setback studies; market studies; unsafe building structures documentation; beach studies; and any other related studies that may be used in determining the need for a Community Redevelopment Area. Research will also be made in coordination with the Tax Assessor's office to determine the ownership of blighted areas as determined from the inventory and to locate areas where special tax assessments have been made due to delinquency evaluation of the fair value of the land. Task B Inventory An inventory shall be provided as necessary and shall include a windshield study of all blocks within the designated area. The proposed inventory will include the entire proposed area for redevelopment. It is proposed that OP&DS and Phil Graham & Company shall provide an inventory of each block within the identified area. The block will be identified by name and number that will correspond to a larger map of the area. Inventory sheets will be prepared for each block within the designated area. The Inventory Sheets will include, but will not be limited to, an evaluation of the following information: 1. Street Name and Number; 2. Types of buildings i.e. commercial, residential; 3. Addresses of each building and condition of building (Good, Fair and Poor) The definitions of the conditions will be approved by the City of Clearwater prior to beginning work; 4. Lot layout -building face street -driveway access -setbacks met; 5. Notes as to the exterior condition of structures. In areas of good conditions, few notes will be required. Inventory Sheets will be prepared and collected for the entire area. Task C Preparation of Need Analysis Report Upon gathering the above information, OP&DS shall evaluate the researched information and Inventory Sheets to determine the existence of blighted areas within the designated area. The results of the inventories shall be tallied and recorded as part of the report. All information from the Property Appraiser, Tax Assessor, and Planning Department shall also be evaluated and reported within the Need Analysis. 'A draft of the report shall be prepared for the City of Clearwater's review and comment, prior to preparation of the final report. The report shall include: an introduction to the Need Analysis; a definition of "blighted area"; a description of the research and inventory process; the results of the research'and inventory and the conclusions and recommendations of the Need Analysis. This task shall include five (5) meetings with the City. These meetings shall include 1. Kick-off meeting where the City shall report information that they have acquired for this area including maps, Property Appraiser reports, tax records, housing studies or inventories, etc. This meeting shall also include discussions of the project goals.. 2. Meeting with the City of Clearwater staffto review and approve Inventory List Sheets and to define the definitions for building conditions. Will also discuss the details of proposed inventory. 3. Meeting with the City of Clearwater staff to discuss preliminary results of inventory. 4. Meeting with the City of Clean;rater to discuss and review draft of die Need Analysis Report which would identify blighted area. 5. Presentation to City Council to discuss results of final Needs Analysis Report. Attachment B SCHEDULE OF FEES CLEARWATER BEACH NEED ANALYSIS PROPOSAL 11/07/96 Task A Research Personnel Hours Hourly Rate Amount Principal 30 $90.00 $ 2,700.00 Staff Planner 8 $45.00 $ 360.00 Clerical $35.00 $ - Task B Inventory Personnel Hours Hourly Rate Amount Principal 40 $90.00 $ 3,600.00 Staff Planner 160 $45.00 $ 7,200.00 Clerical 2 $35.00 $ 70.00 Task C Preparation of Need Analysis Personnel Hours Hourly Rate Amount Principal 60 $90.00 $ 5,400.00 Staff Planner $45.00 $ - Clerical 19 $35.00 $ 670.00 Total $20,000.00 The above costs do not include Reimbursable Expenses which shall include photographic expenses and services, reproduction costs, mileage and any other costs incurred for the preparation and production of the final work product as approved by the City's Project Manager, Scott Schuford. ' 1 1 f S?S Y• t M • U w • 12€ t V 4 r { , k _... 14 ., ??e... .r..r.<-r.cN._.r'<AL+.<4<. .h+l'ZVf7Ywwe.w•.?^- . 9.0 Independent Contractor States Nothing in this Agreement shill be construed to make OP&DS or any of its employees or agents to be Client employees, :gents or representatives (unless specifically so stated). OP&DS shall be an independent contractor and shall have responsibility for any control over the details and means for performing the services described herein. OP&DS shall be subject to the direction of Client only with respect to the Scope of Services and the general results required. 10.0 Warranty and Liability OP&DS warrants that its services are performed, within the limits prescribed by its clients, with the usual thoroughness and competence of the consulting profession, in accordance with the standard for professional services at the time those services are rendered. No other warrant or representation, either expressed or implied, is Included or intended in its proposals, contracts, or reports. Al -%Dgls-lioWity-fer-t*D-of, ?ising from 1J4not.4cc__A the - noun! Corthis eons, OP&DS's liability for all et#eF-conditions for which it may be liable under this Agreement shall not exceed s2s0,000. 11.0 Notices Any notice given hereunder shall be deemed served when hand-delivered in person or by commercial counter or express delivery service to an otlicer or other duty appointed representative of the party to whom the notice is directed, or is sent by registered, certified, or dually posted by regular mail, to the business address Identified at the end of this Agreement. 12.0 Governing Law Unless otherwise provided in an Attachment, the laws of the State of Florida will govern the validity of this Agreement, its interpretation and performance, and remedies for contract breach or any other claims related to this Agreement. 13.0 No Third Party Rights This Agreement shall not create any rights or benefits to parties other than Client and OP&DS. 14.0 Ownership of Final Work Product The City of Clearwater shall have the final ownership of all Final Work Product, 15.0 Signatures Unless otherwise specified below, the following signatories are the authorized representatives upon whose decisions and information, each party may rely in performance of this Agreement. Any information of notices required or permitted hereunder shall be deemed to have been sufficiently given to either party is given to these signatories or to such parties and/or addressed as they may subsequently designate. Countersigned: CITY OF CLEARWATER, FLORIDA fay: - Rita Garvey Elizabeth M. Deprula Mayor-Commissioner City Manager Approved as to form and legal sufficiency: Attest: John Carassas Assistant City Attorney Cynthia E. Goudcau City Clerk CONSULTANT: Firm Name: O'Neil Planning & Design Serviccs. inc. a a ?..i Clearwater City Commission Item i Agenda Cover Memorandum Meeting Date: SUBJECT: Public Education Facilities Siting Act - LDCA RECOMMENDATION/MOTION: Receive proposed code amendment regulating public education facilities and refer it to the City Clerk for advertising for public hearings. 0 and that the appropriate officials be authorized _to_execute _ same. BACKGROUND: On October 3, 1996, the City Commission adopted Ordinance No. 6071-96 which amended 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. The attached proposed ordinance provides a definition for public education facilities and proposes the use as a permitted use in the applicable zoning districts, subject to compatibility and consistency with the City's Comprehensive Plan in coordination with the Pinellas County School District. The Planning and Zoning Board will review this item. Reviewed by: Originating Department: Costs; Commission Action: Legal CENTRAL PE WING NIA ? Approved Budget NIA 'total ? Approved w/Conditions Purchasing NIA User Departm nt; ? Denied Risk Mgmt. NIA Current Fiscal Year ? Continued to: Is NIA Funding source: ACM ? capital improvement: Other NIA Advertised: ? Oparatlnp: Date: C7 Attachments: 61 otliar: 1 Paper: Proposed Ordinance submitted by: _. ' WNot Required Appropriation Code Affected Parties- F 4 E3 Notified ? None Gil anse or ? Not Required 0 Printed on recvcled paper ORDINANCE NO. AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO THE LAND DEVELOPMENT CODE; AMENDING SECTIONS 35.11, 40.033, 40.042, 40.063, 40.083, 40.103, 40.123, 40.133, 40.143, 40.163, 40.183, 40.203, 40.223, 40.243, 40.283, 40.303, 40.543, CODE OF ORDINANCES, TO DEFINE PUBLIC EDUCATION FACILITIES AND TO ALLOW PUBLIC EDUCATION FACILITIES AS A PERMITTED USE IN THE SINGLE-FAMILY RESIDENTIAL "ONE" DISTRICT, . SINGLE-FAMILY RESIDENTIAL "TWO" DISTRICT, SINGLE-FAMILY RESIDENTIAL "FOUR" DISTRICT, SINGLE-FAMILY RESIDENTIAL "SIX" DISTRICT, SINGLE-FAMILY RESIDENTIAL "EIGHT" DISTRICT, MULTIPLE FAMILY RESIDENTIAL "EIGHT" DISTRICT, MULTIPLE-FAMILY RESIDENTIAL "TEN" DISTRICT, MULTIPLE-FAMILY RESIDENTIAL "TWELVE" DISTRICT, MULTIPLE FAMILY RESIDENTIAL "SIXTEEN" DISTRICT, MULTIPLE-FAMILY RESIDENTIAL "TWENTY" DISTRICT, MULTIPLE-FAMILY RESIDENTIAL "TWENTY-FOUR" DISTRICT, MULTIPLE- FAMILY RESIDENTIAL "TWENTY-EIGHT" DISTRICT, MOBILE HOME PARK DISTRICT, LIMITED OFFICE DISTRICT, GENERAL OFFICE DISTRICT, AND PUBLIC/SEMIPUBLIC DISTRICT; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Section 35. 11, Code of Ordinances, is amended to read: Sec. 35.11. Der'uutions. The following words, terms and phrases, when used in this development code, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: County School District.. See. 40.033. Permitted uses. Within Single-Family Residential "One" Districts, only the following uses (and structures designed for such uses) shall be permitted: i -fuilities, m i ili i n City's Comprehensive Plan in coordination with the Pinellas County School District. Sec. 40.042. Permitted uses. Within single family residential 2 districts, only the following uses and structures designed for such uses shall be permitted: 4 Public o facilities, subject m i ili wi i' Comprehensive Plan in coordination with the Pinellas County School District. Sec. 40.063. Permitted uses. Within single-family residential 4 districts, only the following uses and structures designed for such uses shall be permitted: (4? Public education_facilities,_s&ect_to compatibility-and _consistency_with_the_City' Comprehensive Plan in coordination with the Pinellas County School District. Sec. 40.083. Permitted uses. Within single-family residential 6 districts, only the following uses and structures designed for such uses shall be permitted: (4) Public education facilities, subject to compatibili and consistency with the City's . Phan in coordina&n with the Pinellas County S.ghool District. Gompmhen.sjy.e OROINANCG NO, 2 Sec. 40.103. Permitted uses. Within single-family residential 8 districts, only the following uses and structures designed for'such uses shall be permitted; ............ ...: aL at-- /1:-.I See. 40.123. Permitted uses. Within multiple-family residential 8 districts, only the following uses and structures designed for such uses shall be permitted: i n fa ill ie subject om a i ill d n i ten with the i' Sec. 40.133. Permitted uses. Within Multiple-Family Residential "Ten" Districts, only the following uses (and strictures designed for such uses) shall be permitted: Public ed n facili ie 'ec to om atibili d con ist nc w' the City's Comprehensive Pl in rdination with he Pinellas County School District, See. 40.143. Permitted uses. Within multiple-family residential 12 districts, only the following uses and structures designed for such uses shall be permitted. ORDINANCE No. 3 Sec. 40.163. Permitted uses. Within multiple-family residential 16 districts, only the following uses and structures designed for such uses shall be permitted: 1 Puhlic ucation facili iLs sub` com a ibili and cansistency with the City's _iprehensive Plan in oooraination„with_the_Pinclla rattnty $hool District. See. 40.183. Permitted uses. Within multiple-family residential 20 districts, only the following uses and structures designed for such uses shall be permitted: iFti ?it?r +.nr? nrtnrinlnnn.r •rri F?. fps ?iFra1 Sec. 40.203. Permitted uses. Within multiple-family residential 24 districts, only the following uses and structures designed for such uses shall be permitted: 'ec o com ati ili an consistency with he City' Sec. 40.223. Permitted uses. Within multiple-family residential 28 districts, only the following uses and structures designed for such uses shall be permitted: f"N-s ORAiNANCr NO, 4 Sec. 40.243. PeIrrnritted uses. Within mobile home park districts, only the following uses shall be permitted: 7aL al.- r'l!"A Sec. 40.283. Permitted uses. Within limited office districts, only the following uses and structures designed for such uses shall be permitted: Sec. 40.303. Permitted uses. Within general office districts, only the following uses and structures designed for such uses shall be permitted: (11) Public education facilities. subject to compatibility and consistency will. the. Qty_ 5 Comprehensive Plan in coordination with the Pinellas County School District. Sec. 40.543. Permitted uses. Within public/semipublic districts, only the following uses and structures designed for such uses shall be permitted: (15Public education facilities, subject_1o_ c mpat bility an consistency with he Qi1y'5 Comprehensive Plan in coordination with the-Pinellas County School District. Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. Section 3. This ordinance shall take effect immediately upon adoption. ORDINANCE NO. s 5 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form and legal sufficiency: Leslie Dougall-Sides, Asst. City Attorney N. Rita Garvey, Mayor-Commissioner Attest: Cynthia E. Goudeau, City Clerk i.: ORDINANCH No. 6 } ,. 101, ? .? UNITED STATES ENVIROREG ON AL PROTECTION AGENCY ATLANTA FEDERAL CENTER rW? 100 ALABAMA STREET, S.W. ATLANTA, GEORGIA 30303-3104 4PM-GPB 061 Q' 1 sc? IE. Ms. Elizabeth M. Deptula City Manager City of Clearwater Municipal Government P.O. Box 4748 Clearwater, FL 34618-4748 SUBJ: Brownfields Economic Redevelopment Initiative Cooperative Agreement #V984053-96-0 Dear Ms. Deptula: I am pleased to advise you that your application and work plan for assistance in the above referenced program have been approved in the amount of $100,000. Enclosed is an Assistance Agreement which sets forth this offer, subject to 'the applicable Environmental Protection Agency statutory and regulatory provisions and the terms and conditions included in this document. As the official authorized to accept this Agreement, please sign both copies of the enclosed document and return one original signed copy to the attention of Ralph U. Robinson at the issuing office address (Block #13 on page one) no later than three weeks. after receipt of this letter. The other copy with original signatures should be retained by your agency. Payment requests will be made on Standard Form 270, Request for Advance or Reimbursement (copy enclosed). Please send only the original to Andrew Dunn, Financial Management Office at the above address. He may be reached at 404/562-8254. If you have questions concerning administrative matters, please contact Mr. Robinson at 404/562-8418. For a program- related issue, please contact Rosemary Patton, EPA Project Officer, at 404/562-8866. te~Management Division Enclosures i Reeyeled/Reeyclable . Pdnted with Vegetable ON Based Inlet on 100? Rocydod paper oo%Postooneur mr) Pago 1 of 5 U.S. ENVIRONMENTAL PROTECTION AGENCY 1. ASSISTANCE ID NO. 2. LOG NUMBER V 984053-96-0 04-V -0001 EPA ASSISTANCE AGR EEMENT/ AMENDMENT 3. DATE OF AWARD 4. MAILING DATE PART I - ASSISTANCE NOTIFICATION INFORMATION SEP OCT 0 7 loo 5. AGREEMENTTYPE 0. PAYMENT METHOD CooperativeAgrssment x ® Advance 0 Reimburaement Er AClttiua+b.r GralrtAgreement Send Payment nequest to, 7. TYPE OF ACTION Assistance Amendment Financial Management Ottice NEW PROJECT 8. RECIPIENT 9. PAYEE R CITY OF CLEARWATER SAME AS RECIPIENT c MUNICIPAL GOVERNMENT 1 P.O. BOX 4748 P CLEARWATER, FL 34618-4748 E N EIN NO. CONGRESSIONAL DISTRICT 10. RECIPIENT TYPE T 596-00-0239 09 CITY, VILLAGE, TOWN, BOROUGH O 11. PROJECT MANAGER AND TELEPHONE NO. 12. CONSULTANT (wwrConetruction Grants only} R ALAN J. FERRI G PROJECT OFFICER NIA (813) 462-6882 E 13. ISSUING OFFICE (CITY 1 STATE) 14. EPA PROJECT 1 STATE OFFICER AND TELEPHONE NO. P US ENVIRONMENTAL PROTECTION AGENCY ROSMARY PATTON, PROJECT OFFICER A Grants Management Office 100 ALABAMA STREET G U.S. EPA, Region IV ATLANTA, GA 30.309 (404) 562-8866 0 N 100 Alabama Street RALPH ROBINSON T Atlanta, GA 30303-3104 GRANTS SPECIALIST (404) 562-8414 A C 5-.EPA CONGRESSIONAL LtA)SON & PHONE f1 16, STATE APPL ID (Cisaringhouas) 17.5C)ENCE FIELD 18. PROJECT STEP D t G t WwT C . arbara Brooks, (202) 260-5660 FL9609250767C o y) ran s ( an N0A 19. STATUTORY AUTHORITY 20, REGULATORY AUTHORITY 21. STEP 2 + 3 do STEP 3 (WWT Construction Grants Only) CERCLA: SEC. 104 40 CFR PTS 31, 35 SUBPT &TrsstmentLevel 0 b. Project Typo N/A 4 Tr.stmeni Process Ulu aefilail 22. PROJECT TITLE AND DESCRIPTION RROWN F15LDS ECONOMIC REDEVELO PMENT INITIATIVE NEW AWARD. Brownfield Pilot Project - The Downtown Environmental Path to Jobs, Refer to the approved application and workplan dated 8/27/96 signed by Elizabeth M. Deptula. I 23. PROJECT LOCATION (Areas Impacted by Pealed) City/Plats CLEARWATER County PINELLAS Sate FL Congrssslonal District 09 24. ASSISTANCE PROGRAM (CFDA Program No. a Tide) 66.S Surveys, Studies, investigations I: 25. PROJECT PERIOD 10/01/96 - 09/30190 20. BUDGET PERIOD 10/01/96 - 09/30/98 27. COMMUNITY POPULATION (WW Construction Gramm onto N/A 28. TOTAL BUDGET PERIOD COST $100,000 29. TOTAL PROJECT PERIOD COST $100,()00 FUNDS FORMER AWARD THIS ACTION AMENDED TOTAL 00. EPA Amount This Action $0 $100,000 31. EPA In-lUnd Amount A 0 12. Urenpended Prior Year Oelance 0 0 37. Other Federal Funds 0 0 34, necipiertt Contribution 0 0 3. SlateContribullon 0 0 Gtr, Local contribution 0 0 7T. Oum conwbutlon 4 0 34L A1lowsbisProfeclCog $0 $100,000 sa F s C: A L Site Kama 01) Document Control Number DT0062 FY 96 Approp. T Budget organization 4ADOJ Program Elomont TFA Object class 1.85 Sito/Project 04WQBMOO Cost Organization obliggatlon / Doobilgatia 100,000 EPA Form 5100.20A May. 4414. nepiaon previous editions and EPA Forms e700.1A,tl,C, and A, all of whlch an ubsolrts. rrin t a - Hrrmuvcu Duuut i ASSISTANCE IDENTIFICATIO N: V 944053-96-0 Pape 2 015 FABLE A - OBJECT CLASS CATEGORY lNon-mnslruction) TOTAL APPROVED ALLOWABLE BUDGET PERIOD COST 1. PERSONNEL 111,375 2. FRINGE BENEFITS 1,512 3. TRAVEL Soo 4. EQUIPMENT 0 5. SUPPLIES 1,613 6. CONTRACTUAL 85,000 7. CONSTRUCTION 0 S. OTHER 0 9. TOTAL DIRECT CHARGES $100,000 10. INDIRECT COSTS: RATE % BASE 0 11. TOTAL (Share: Recipient 0.00% Federal,. 100.00%.) $100,000 12. TOTAL APPROVED ASSISTANCE AMOUNT $100,000 TABLE B - PROGRAM ELEMENT CLASSIFICATION (Non-oonstrutdon) 1. 2. 3. 4. 5. 6. 7. 6. 9. 10. 11. 12. TOTAL (Share: Recipient % Federal 9<") 13. TOTAL APPROVED ASSISTANCE AMOUNT TABLE C - PROGRAM ELEMENT CLASSIFICATION (Constructioe) 1. ADMINISTRATION EXPENSE 2. PRELIMINARY EXPENSE 3. LAND STRUCTURES RIGHT-OF-WAY 4. ARCHITECTURAL ENGINEERING BASIC FEES 5. OTHER ARCHITECTURAL ENGINEERING FEES S. PROJECT INSPECTION FEES 7. LAND DEVELOPMENT 8. RELOCATION EXPENSE 9. RELOCATION PAYMENTS TO INDIVIDUALS AND BUSINESS 10. DEMOLITION AND REMOVAL 11. CONSTRUCTION AND PROJECT IMPROVEMENT 12. EQUIPMENT 13. MISCELLANEOUS 14. TOTAL (Un.s 1 thru 1]) 15. ESTIMATED INCOME (Nspowbia) 18. NET PROJECT AMOUNT (Una 14 minus 15) 17. LESS: INELIGIBLE EXCLUSIONS 18. ADD: CONTINGENCIES 19. TOTAL (Share: Recipient _______% Federal 96.} 20. TOTAL APPROVED ASSISTANCE AMOUNT ",?wwvoqk so 1-1 sr'A r u"m a r wow %-- v---, PART III --AWARD CONDITIONS ASSISTANCE IDENTIFICATION: Pays 3 of 5 TERMS AND CONDITIONS: 1. This agreement is performance based and developed consistent with EPA's policy on Performance Based Grants and Region IV's policy for Management of Grants and Cooperative Agreements. The workplan constitutes the recipient's and EPA's commitment to accomplish the program goals and objectives. EPA's review and evaluation of performance under this agreement and EPA's response to the findings of oversight will be carried out in accordance with the stated policies. 2. MBEIWBE CONDITION: The recipient must ensure to the fullest extent possible that at least 8% minimum MBEMBE goal of Federal funds for prime or subcontracts for supplies, construction, equipment or services are made available to organizations owned or controlled by socially and economically disadvantaged individuals, women, and historically black colleges and universities. The recipient agrees to include in its bid documents this 8% minimum goal and require all of its prime contractors to include in their bid documents for subcontracts the negotiated "Fair Share" percentage. To evaluate compliance with the "Fair Share" policy, the recipient also agrees to comply with P.L. 102-389 and the six affirmative steps stated in 40 CFR 30.44(b), 31.36(e) or 35.6580(a) as appropriate. The recipient agrees to submit a SF-334 "MBEIWBE Utilization under Federal Grants, Cooperative Agreements, and other Federal Financial Assistance", to the Disadvantaged Business Enterprise Coordinator beginning with the Federal Fiscal Year Quarter the recipient awards its first contract and continuing until all contracts and subcontracts have been reported. These reports must be submitted within 30 days of the end of the Federal Quarter (January 30, April 30, July 30 and October 30). The form should be mailed to: Grants Management Office U.S. EPA Region IV 100 Alabama Street, S.W. Atlanta, Georgia 30303 In accordance with Section 129 of Public Law 100-590, the Small Business Administration Reauthorization and Amendment Act of 1988, the recipient agrees to utilize and to encourage any prime contractors under the assistance agreement to utilize small businesses located in rural areas to the maximum extent possible. The recipient agrees to follow the six affirmative steps stated in 40 CFR 30.44(b), 31.36(e) or 35.6580(a) as appropriate, in the award of any contracts under this assistance agreement. Compliance with this requirement will be monitored during management review conducted by EPA. (Rw. &4M PART III --AWARD CONDITIONS ASSISTANCE IDENTIFICATION: V 994053.9" Papa 4 of 5 3. HOTEL/MOTEL CONDITION: The recipient agrees to ensure that all conference, meeting, convention, or training space funded in whole or in part with Federal funds, complies with The Hotel and Motel Fire Safety Act of 1990. 4. RECYCLED PAPER CONDITION: Pursuant to EPA Order 1000.25, dated January 24, 1990, the recipient agrees to use recycled paper for all reports which are prepared as a part of this agreement and delivered to the Agency. This requirement does not apply to reports which are prepared on forms supplied by EPA. This requirement applies even when the cost of recycled paper is higher than that of virgin paper. 5. PROJECT TYPE CONDITION: This agreement is a project cooperative/grant agreement subject to the terms and conditions of the approved work program. Costs incurred prior to the date of award as shown in block 3 are not allowable for reimbursement under this award. 6. INTERIM FSR CONDITION: An INTERIM Financial Status Report (FSR), will be due within ninety (90) days after the end of the Federal Fiscal Year following the first full year of award. As an example, for an award made on 6/15/94, an interim FSR covering the period from date of award through the Federal fiscal year ended 9/30/95, would be due within 90 days of 9/30/95 or no later than 12/31/95. Subsequent annual reports will be due each December 31st for the duration of the assistance agreement. The final FSR would be due 90 days after the expiration of the final budget period. 7. LOBBYING Pursuant to the Lobbying Disclosure Act of 1995, the recipient agrees to refrain from entering into any subagreement or contract under this Agreement with any organization described in Section 501(c)(4) of the Internal Revenue Code of 1986, unless such organization warrants that it does not, and will not, engage in lobbying activities prohibited by the Act as a special condition of the subagreement or contract. 8. Payment Information Form ACH (TFS Form 3881) In Order to comply with the Debt Collection Improvement Act of 1996, the recipient will complete and return the attached Payment Information Form ACH Vendor Payment System, (TFS Form 3881) with the signed Assistance Agreement. ASSISTANCE IDENTIFICATION: 'SPECIAL CONDITIONS wmunuoo 5of5 PART IV NOTE: The Agreement must be completed In duplicate and the Original returned to the Grants Administration Division for Headquarters awards and to the appropriate Grants Administration Office for State and local awards within 3 calendar weeks after receipt or within any extension of time as may be granted by EPA. Receipt of a written refusal or failure to return the properly executed document within the prescribed time, may result in the withdrawal of the offer by the Agency. Any change to the Agreement by the recipient subsequent to the document being signod by the EPA Award Official, which the Award Official determines to materially alter the Agreement, shall void the Agroement. OFFER AND ACCEPTANCE The United States of America, acting by and through the U.S. Environmental Protection Agency (EPA), hereby offers assistancefamendment to the CITY OF CLEARWATER for 100.00% of all approved costs Incurred up to and not exceeding S 100.000 for the support of approved budget period effort described ASSISTANCE AMOUNT In application (Including all application modifications) cited In Item 22 of this Agroement OS 27(96 BROWNFIELDS ECONOMIC REDEVELOPMENT INITIATIVE DATE AND TITLE Included herein by reference. " ORGANIZATION / ADDRESS ORGANIZATION / ADDRESS Grants Management Office Waste Management Division U.S. EPA, Region IV U.S. EPA, Region 4 100 Alabama Street 100 Alabama Street, S.W. Atlanta, GA M03-3104 Atlanta, GA 30303-3104 1 /-'\ I lid NHE UNITED STATES OF AMERICA BY THE U.S ENVIRONMENTAL PROTECTION AGENCY It3 R W I IAL TYPED NAME AND TITLE Richard D. Green ,L,TE " Actin Director Waste Management Division ? 3 ??rr tg ThI reement Is subject to ap cable L.S. Environmental Protection Agency statutory provisions and assistance regulations. In acc ting this award or amendment and any payments made pursuant thereto, (1) the undersigned represents that he In duly authorized to act on behalf of the recipient organization, and (2) the rociplont agrees (a) that the award Is subject to the applicable provisions of 40 CFR Chapter I, Subchaptar B and of the provisions of this agreement (Parts l thru IV), and (b) that acceptance of any payments constitutes an agreement by the payee that the amounts, If any found by EPA to have boon overpaid will W refunded or credited In full to EPA. BY AND ON BEHALF OF THE DESIGNATED RECIPIENT ORGANIZATION &IQfVATURE TYPED NAME AND TITLE ELIZABETH M. DEPTULA DATE CITY MANAGER IPA Form V00-M (Rwv. bW • t PLEASE RETURN ONE SIGNED AND DATED ORIGINAL AWARD DOCUMENT TO: Mr. Ralph Robinson Grants Specialist Grants and 1AG Section (14th Floor) U.S. Environmental Protection Agency 100 Alabama Street, S.W. Atlanta, GA 30303 404/ 562-841$ j s 4 _ .+,r?itRlrmr. ,.. i..a. ?r.. .w... _. .. .? .. .. .n s ??1. ?.. .?1 .. ,, ? - ... .. .. •, .t.? ,.. .. ? .. `? ------------------ Pape 1 of 5 U.S. ENVIRONMENTAL PROTECTION AGENCY 1. ASSISTANCE ID NO. 2. LOO NUMBER V 984053-96-0 -V -000 o EPA ASSISTANCE AGREEMENT/ AMENDMENT D o WARD A I IA G E 3. ATE, f A " a. M Y W 1 W PART I - ASSISTANCE NOTIFICATION INFORMATION SEP 3 a jQ QQ 5. AGREEMENT TYPE 8. PAYMENT METHOD Coops sW*Agnaamord X E Advance 0 Reimburoemard E] AC" Number Grant Agreement Send Payment Request to: 7. TYPE OF ACTION AeeistanceAmendmard Financial Management Office NEW PROJECT 8. RECIPIENT 9. PAYEE R CITY OF CLEARWATER SAME AS RECIPIENT E C MUNICIPAL GOVERNMENT I P.O. BOX 4748 P 1 CLEARWATER, FL 34618-4748 E N EIN NO. CONGRESSIONAL DISTRICT 10. RECIPIENT TYPE T 596-00-0239 09 CITY, VILLAGE, TOWN, BOROUGH O 11. PROJECT MANAGER AND TELEPHONE NO. 12. CONSULTANT (WVYTconatructionflnnts only) R ALAN J. FERRI G PROJECT OFFICER NIA (813) 462-6882 E 13. ISSUING OFFICE (CITY / STATE) 14. EPA PROJECT/ STATE OFFICER AND TELEPHONE NO. P US ENVIRONMENTAL PROTECTION AGENCY ROSMARY PATTON, PROJECT OFFICER A Grants Management Office 100 ALABAMA STREET C U.S. EPA, Region IV ATLANTA, GA 30309 (404) 562-8866 N N 100 Alabama Street RALPH ROBINSON T Atlanta, GA 30303-3104 GRANTS SPECIALIST (404) 562-8414 A 15. EPA CONGRESSIONAL LIAISON & PHONE 16. STATE APPL ID (Cloaringhousa) 17. SCIENCE FIELD 18. PROJECT STEP T Barbara Brooks, (202) 260-5660 FL9609250767C CKMConstrN?aAn[trarrtaOnly) 19. STATUTORY AUTHORITY 20. REGULATORY AUTHORITY 21. STEP 2 + 3 & STEP 3 (WWT Construction orarrta only) CERCLA: SEC. 104 40 CFR PTS 31, 35 SUBPT a. Treatment Level O b, Proleet Type N/A a Treatment Process 22. PROJECT TITLE AND DESCRIPTION BROWNFIELDS ECONOMIC REDEVELOPMENT INITIATIVE NEW AWARD. Brownfield Pilot Project - The Downtown Environmental Path to Jobs. Refer to the approved application and workplan dated 8/27196 signed i, Elizabeth M. De tula. 23. PROJ ECT LOCATION Arse Impacted bry Prooct CRYIPlace County State Congressional District CLEARWATER PINELLAS FL 09 24. ASSISTANCE PROGRAM (CFDA Program No. Two) 66. 1: 25. PROJECT PERIOD 26. BUDGET PERIOD Surveys, Studies, investigations 10/01/96 - 09/30/98 10/01/96 - 09/30/98 28. TOTAL BUDGET PERIOD COST 27. COMMUNITY POPULATION 29. TOTAL PROJECT PERIOD COST 1 (wwtConstructionGrants OnW NIA $100,000 $100,000 FUNDS FORMER AWARD THIS ACTION AMENDED TOTAL 3o. EPA Amount This Action $0 $100,000 31. EPA In-Kind Amount 0 0 am Uneapondod Prior Year balance 0 0 u ouw rederd Funds 0 0 34. ReelpWA ContrlbuHon 0 0 39. State Conbibatioa 0 0 3& Local Contribunon 0 0 37. oth0f C0Mdbutlon 0 0 3r. Allowable Ptolod Cost $0 $100,000 3L Site Name Document FY Approp. Budget Program bject Sito/Project Coot Obligation 1 F Control rganlzatlon Element Class Organization Deobligallo I Number s 01) DT0062 96 T 4ADOJ TFA 1.85 04WQBMOO 100,000 C A L EPA Fong 6700.20A 19- "4- 1`16080" Prevlous sdltione and EPA Forme 87MIA.t1.C, and a, all of which uro obsolete. 'PAHT 11 - APPROVED HUDUET ASSISTANCE IDENTIFICATION : V 994053-98-0 Page 2 of 5 TABLE A - OBJECT CLASS CATEGORY (Nonwondructlon) TOTAL APPROVED ALLOWABLE BUDGET PERIOD COST 1. PERSONNEL $11,375 2. FRINGE BENEFITS 1,512 3. TRAVEL 501 4. EQUIPMENT 0 5. SUPPLIES 1 613 6. CONTRACTUAL 85,000 7. CONSTRUCTION 0 8. OTHER 0 9. TOTAL DIRECT CHARGES $100,000 10.1NDIRECT COSTS: RATE % BASE 0 11. TOTAL (Share: Recipient 0.00% Federal 100.0096.) $100,000 12 TOTAL APPROVED ASSISTANCE AMOUNT $100,000 TABLE B - PROGRAM ELEMENT CLASSIFICATION (Hon-condmcRon) 1. 2. 3. 4. 5. 6. 7. B. 9. 10. l1. t2 TOTAL (Share: Recipient % Federal 96.) 13. TOTAL APPROVED ASSISTANCE AMOUNT TABLE C - PROGRAM ELEMENT CLASSIFICATION (Con&Uuctbon) 1. ADMINISTRATION EXPENSE 2. PRELIMINARY EXPENSE 3. LAND STRUCTURES RIGHT-OF-WAY 4. ARCHITECTURAL ENGINEERING BASIC FEES 5. OTHER ARCHITECTURAL ENGINEERING FEES 6. PROJECT INSPECTION FEES 7. LAND DEVELOPMENT B. RELOCATION EXPENSE 9. RELOCATION PAYMENTS TO INDIVIDUALS AND BUSINESS 10. DEMOLITION AND REMOVAL 11. CONSTRUCTION AND PROJECT IMPROVEMENT 12- EQUIPMENT 13. MISCELLANEOUS 14. TOTAL am" 1 thm u) 15. ESTIMATED INCOME (u. k4bio) 10. NET PROJECT AMOUNT (Um 14 minu. ia) 17. LESS: INELIGIBLE EXCLUSIONS 1B. ADD: CONTINGENCIES 19. TOTAL (Sharp: Recipient % Federal %6) 20. TOTAL APPROVED ASSISTANCE AMOUNT trA rOfm arw-avn I- Pw PART III - AWARQ CONDITIONS ASSISTANCE IDENTIFICATION: V 984053-96.0 page 3 of S TERMS AND CONDITIONS: 1. This agreement Is performance based and developed consistent with EPA's policy on Performance Based Grants and Region IV's policy for Management of Grants and Cooperative Agreements. The workplan constitutes the recipient's and EPA's commitment to accomplish the program goals and objectives. EPA's review and evaluation of performance under this agreement and EPA's response to the findings of oversight will be carried out in accordance with the stated policies. 2. MBE/WBE'CONDITION: The recipient must ensure to the fullest extent possible that at least 8% minimum MBEMBE goal of Federal funds for prime or subcontracts for supplies, construction, equipment or services are made available to organizations owned or controlled by socially and economically disadvantaged individuals, women, and historically black colleges and universities. The recipient agrees to Include in its bid documents this 8% minimum goal and require all of its prime contractors to include in their bid documents for subcontracts the negotiated "Fair Share" percentage. To evaluate compliance with the "Fair Share" policy, the recipient also agrees to comply with P.L. 102-389 and the six affirmative steps stated in 40 CFR 30.44(b), 31.36(e) or 35.6580(a) as appropriate. The recipient agrees to submit a SF-334 "MBE/WBE Utilization under Federal Grants, Cooperative Agreements, and other Federal Financial Assistance", to the Disadvantaged. Business Enterprise Coordinator beginning with the Federal Fiscal Year Quarter the recipient awards its first contract and continuing until all contracts and subcontracts have been reported. These reports must be submitted within 30 days of the end of the Federal Quarter (January 30, April 30, July 30 and October 30). The form should be mailed to: Grants Management Office U.S. EPA Region IV 100 Alabama Street, S.W. Atlanta, Georgia 30303 In accordance with Section 129 of Public Law 100-590, the Small Business Administration Reauthorization and Amendment Act of 1988, the recipient agrees to utilize and to encourage any prime contractors under the assistance agreement to utilize small businesses located in rural areas to the maximum extent possible. The recipient agrees to follow the six affirmative steps stated in 40 CFR 30.44(b), 31.36(e) or 35.6580(a) as appropriate, in the award of any contracts under this assistance agreement. Compliance with this requirement will be monitored during management review conducted by EPA. FART III -- AWARD CONDITIONS ASSISTANCE IDENTIFICATION: V 884053-98-0 Pape 4 of b 3. HOTEL/MOTEL CONDITION: The recipient agrees to ensure that all conference, meeting, convention, or training space funded in whole or in part with Federal funds, complies with The Hotel and Motel Fire Safety Act of 1990. 4. RECYCLED PAPER CONDITION: Pursuant to EPA Order 1000.25, dated January 24, 1990, the recipient agrees to use recycled paper for all reports which are prepared as a part of this agreement and delivered to the Agency. This requirement does not apply to reports which are prepared on forms supplied by EPA. This requirement applies even when the cost of recycled paper is higher than that of virgin paper. 5. PROJECT TYPE CONDITION: This agreement is a project cooperative/grant agreement subject to the terms and conditions of the approved work program. Costs incurred prior to the date of award as shown in block 3 are not allowable for reimbursement under this award. 6. INTERIM FSR CONDITION: An INTERIM Financial Status Report (FSR), will be due within ninety (90) days after the end of the Federal Fiscal Year following the first full year of award. As an example, for an award made on 6/15/94, an interim FSR covering the period from date of award through the Federal fiscal year ended 9/30/95, would be due within 90 days of 9/00/95 or no later than 12/31/95. Subsequent annual reports will be due each December 31 st for the duration of the assistance agreement. The final FSR would be due 90 days after the expiration of the final budget period. 7. LOBBYING Pursuant to the Lobbying Disclosure Act of 1995, the recipient agrees to refrain from entering into any subagreement or contract under this Agreement with any organization described in Section 501(c) (4) of the Internal Revenue Code of 1986, unless such organization warrants that it does not, and will not, engage in lobbying activities prohibited by the Act as a special condition of the subagreement or contract. 8. Payment Information Form ACH (TFS Form 3881) In Order to comply with the Debt Collection Improvement Act of 1996, the recipient will complete and return the attached Payment Information Form ACH Vendor Payment System, (TFS Form 3881) with the signed Assistance Agreement. (Arv. e-M ASSISTANCE IDENTIFICATION: V 984053-ge-0 Paao 5 of 5 SPECIAL CONDITIONS jwwawd) PART IV NOTE: The Agreement must be completed In duplicate and the Original returned to the Grants Administration Division for Headquarters awards and to the appropriate Grants Administration Office for State and local awards within 3 calendar weak* after receipt or within any extension of time as may be granted by EPA. Receipt of a written refusal or failure to return the properly executed document within the prescribed time, may result In the withdrawal of the offer by the Agency. Any change to the Agreement by the recipient subsequent to the document being signed by the EPA Award Official, which the Award Official determines to materlally alter the Agreement, shall void the Agreement. OFFER AND ACCEPTANCE The United States of America, acting by and through the U.S. Environmental Protection Agency (EPA), hereby offers as to the CITY OF CLEARWATER for 100.00%of all approved costs Incurred up to and not exceeding $ 100,000 for the support of approved budget period effort described ASSISTANCE AMOUNT In application (Including all application modifications) cited In Item 22 of this Agreement 08/27/96 BROWNFIELDS ECONOMIC REDEVELOPMENT INITIATIVE . Included herein by reference. DATE ARD-MLE- ISS UING OFFICE annrrAdminlWationOffico AWARD APPROVAL OFFICE ORGANIZATION /ADDRESS ORGANIZATION / ADDRESS Grants Management Office Waste Management Division U.S. EPA, Region IV U.S. EPA, Region 4 100 Alabama Street 100 Alabama Street, S.W. Atlanta, GA .3030,3-3104 Atlanta, GA 30303-3104 T UNITED STATES OF AMERICA BY THE U.S ENVIRONMENTAL PROTECTION AGENCY SI NA URE F At. PED NAMEANDTITLE REchard D. Green DATE Actin Director Waste Management Division SEP 3 0 This amen s au act to a ;+a ble S. Environmental Protection Agency statutory provisions and assistance regulations. In acce Ing this award or amendment and any payments made pursuant thereto, (t) the undersigned represents that he Is duly Ruth [zed to act on behalf of the recipient organization, and (2) the recipient agrees (a) that the award Is subject to the applicable provisions of 40 CFR Chapter 1, Subchapter B and of the provisions of this agreement (Parts I thru IV), and (b) that acceptance of any payments constitutes an agreement by the payee that the amounts, if any found by EPA to have been overpaid will be refunded or credited In full to EPA. BY AND ON BEHALF OF THE DESIGNATED RECIPIENT ORGANIZATION SIGNATURE TYPED NAME AND TITLE ELIZABETH M. DEPTULA DATE CITY MANAGER EPA ?am 57W "A IRrv. $40 Fi® PAYMENT INFORMATION 'FORM ACH VENDOR PAYMENT SYSTEM This form Is used for AM pnyrmesrts with as addrndum racord+'that cairijs payment-related h& madon. Recipients of these payments should bring this-infamutian to the attention of their financial institution when presenting form for completion. 0 All shaded sections must be completa PAPERWORK REDUCTION ACT STATEMENT: The Information being code tad od thin form Is required under the + provision of 31 U.B.C. 3322 WW 31 CFR 210. This W m dm will be used by the Treasury Department to transmit payment data; by aWcbwk means, to vendor's 11ruTdal Institution.•!Fatlurmilbo provide the requested M may delay or prevent tt» receipt of payments 6"h the Autanatod Cleartng House Payment System. S+h '{... ] {yY?a\tr+t }'S,Y :.2 .? i? A :•9:: 1T 2.}i ?.s::t1•r ':<$ '}y}' n }::' {:l yi ;l': "ly?r::%%:' J; •;•r;7t'k :.., %}Li?{i. S`: .}yr. :t" L4µ<<Y?:;:i}?,,?? v'X'-}:,{?i:tS{.'rc,•`.. ?. 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''? ur:' ' "• . ; , .. {. , ,. .. .:.b : k:. 5•% : ... {,'fir. +:: i? ..• g ° ?. ? • Y . '{?:{ .vii' + "S- ' : i:: ,x TF5 Form 3881 3-a Department of the Treasury Fkuw4 l Managoment Smbe REQUEST FOR ADVANCE OR REIMBURSEMENT ARprovsd by Oftrta at Management and PAGE Or Budget, No. 60-1110IS3 Z •..,... a, au . tUU13 DF TYPt; OP D ADVANCE Q LTH" 1IM"' 0 CASK PAYMENT a wp a i) eEpll[ATEO r..? r, News 1 I NOME 1 N1.rsw ' N.+?I" W" fords 1 awd Jlarul r II PAUMI1TATMN nr ¦LAMINT nr ArWns IR9rUrNT5ranVANCr4 hrmireWn PROGRAMS/FUNCTIONS/ACTIVITIES !~ (a) ( ) (c) TOTAL a. Tdsl4 d tt (Aso date) $ $ b. Leas: Cumulative to ram Income e. Het togram outlays (Line a minus tina P d. COmoted net cash outlays for advance e. Tote) (Suns of fines a & d) f. Non•Federat share of arnount an line e redara) share of amount on line e h. Federal r2lMants reviovt requested f. Fdrdeal share now requested (Lind p nlimu fine h ?. Advances required by 1st month month, when requested by Federal tranlor agency for use In mskh?s pro. F achedula d advances ld 12. ALTERNATE COMPUTAT ION FOR ADVANCES ONLY a. Wmated Federal cash outlays that will be made during period covered by the advance t b. Las: Estimated balance of Federal cash on hand as of beginning f advance period C Amount requested (Edna o minty find b) ; ]3. CERTIFICATION I,QHATU75E Or AUTHORISED CEnT M140 OUICIAL DATL Mull sullMITT D I eertiy that to the best of my knowledge and ballet the data above are correct end lhet an outlays were made in accordance TYPED OR PRINTED NAME AND TITLE with the grant conditions or other agree- ment and that payment Is due and has not bean pnvlausly requested. ,ores Gb Nanir. itr?w4+ TELEPr1Dli[ Trik span for eganc7 vas ZTO-tOt ITANDAtta rOase S70 (7-70 PrastntsE ty O!ka at Wsma ArA add Sudaat CI,. He, A-1 to INSTRUCTIONS • Paeans type or print legibly. Items 1, 3, 5, 9, 10, 11 c. 1 le, 111, 11g, 111, 12 and 13 are sell-explanatory, specllic instructions for other Items are as follows: ltesr 6' sn" 2 Indicate whether request to prepared on cash or aa- erred expenditure basis. All requests for advances shall be prepared on a cash basis. 1 Enter the Federal grant number, or other tdantlfyknel number assigned by the Federal sponsoring agency. If the advance or reimtwrasment is for more than one grant or other agreement, Insert N/A: then, show the aggregate amounts. On a separate sheet. Ilst each grant or agreement number and the Federal share of outlays made against the grant or agreement. 6 Enter the employer identification number assigned by the U.S. Internal Revenue Service, or the FILE (institu` tlon) code if requested by the Fedetal agency, 7 This space 1s reserved for an account number or other Idontlfying number that may be assigned by the recipient, 8 Enter the month, day, and year for the beginning and ending of the period covered In this request. N the re- quest Is for an advance or for bath an advance and it. Imbursement, show the period that the advance will cover, tl the request Is for reimbursement, show the period for which the reimbursement Is requested. Note: The Federal sponsoring aliencles have the option of requiring recipients to complete Items I1 or 12, but not both. Item 12 should be used when only a minimum amount of Information is needed to make an advance and outlay Information contained In item 11 can be obtained In a timely manner from other reports. 11 The purpose at the vertical columns (a), (b), and (c), Is to provide space for separate cost breakdowns when a project has been planned and budgeted by program. function, or activity, If additional columns are needed, Item Fritry use as many additional forms as needed and Indicate page number in space provided In upper right: how- ever. the summary totals 01,_811 prosrams, functJons, or activities should be shown in site "total" column on the first pate. I la Enter in "as of date", the month, day, and year of the ending of the accounting period to which this amount applies. Enter program outlays to data (net of refunds, (ebates, end dlseounts). In the appropriate eotumgs. For requests prepared on a cash basis, outlays are the sum of actual cash disbursements for goods and Sam. Ices. the amount at Indirect expenses charged, the value of Iwkind contributions applied, and the amount of cash advances and payments made to subcontrac- tors and subrecipients. For requests prepared on an accrued expenditure basis, outlays are the sum of the actual cash disbursements, the amount of Indirect ex- penses incurred. and the net Increase (or decrease) in the amounts owed by the recipient for goods and other property received and for services perforn"d by em- ployees, contracts, subgranlets and other payees. 11b enter the cumulative cash Income received W date, 11 requests are prepared on a cash basis. For requests prepared an an accrued expenditure basis, enter the cumulative income earned la date. Under either basis, enter only the amount applicable to program income that was required to be used for the projed or pro- gram by the terms of the grant or other agreement. lid Only when making requests for advance payments, enter the tots] estimated amount of cash outleya that vdll be made during the period covered by the advance. 13 Complete the certification before subxm?Wng this request. STANDARD TORY 270 sACil t7-761 , GOO, 1rN O.1$"$ , .. ,,_.,?... ,,,... ,,,.,. q. ... .. F Approved by office of Management and PAGE OF omllweT Iwno ArwAh1rC Budget. No, SO-RO183 1 12. _ALTERNATE COMPUTATION FOR ADVANCES ONLY W, aii. OR REIMBURSEMENT a, lx? Mq or . eeet PUha6 TY ? tK ? I 2. IMSIS OF REQUEST l ? ADVANCE E PE Of P CON PAYMENT - 9" q ka .t a ii 5lelnatr[reflans an 6aelr) REQUE3TE0 ? FINAL ? PAPMAL ? ACChUAl. OHIORIHU AGENCY 7 bhp l tYlll H HIa REPORT It aU T E IGLNTierIMO NUlt dE11 AlsI0NE0 Uk aE R FOh 7NI Uia ' myrEbERAt AGENCY ACCOUNT NUMaER . MCIP'INtIFYtNG Nulls N IIAZIER L PERIOD Cd-VEREE) BY Ht R T ' Iteta[ our. Year AMl aye t°tar I 1 ter tt M to goal V[ ert*1 04 * W" el New r Nave r ,I Ndwlw N.•.ter e,[ s arreN r .atst.ttl r r ? 11. COMPUTATION OF AMOUNT OF REI MOURSEMENTSIADVA14CES REQUESTED (a) () {e1 PROGRAMS/FUNCTIONVACTIVITIES I. TOTAL. (As o ate) a. =date O11ti tO data $ ; S $ b. LeactCumulatlys program Income C. Not 1rogram outlays (Line a minus d. Est ted net cash outlays for advance a. Totat (Sum o lines e & d) f. Non Fedaral share of amount on llna a Federal share of amount on Ilne e h. Worst payrnants. previously requested 1. Federal share now requeslad (Line p mtilnu line k t• Advsrmm tag Ulred by Ise month month, when requested by WeraI Ira ntor agency for use In making pra• grid month scheduled advances 3rd month ¦. t immatea reberal casn outlays tnat wHl be meta during period covered by the advance 1 b. Less: Estimated balance of Federal cash on hand as of beginning f advance period C. Amount requested (Line a minus line b) 111. CERTIFICATION SIGNATURC OF AUTHORIZED CL1171 lrtNO OFrICtAt I earUfy that to the beat of my knowledge and bsltef the data above are correct and that an outlays were made in accordance TYPED OR PRINTED NAME AND TITLE with the grant conditions or other agree. merit endthat payment Is due and has not been pmrlouly requested. Arta Gee TELEPHOHL This spa" for agency use Nrwrtr a7atol stANDAND rORM 270 (7-79) + Ptescrlbed by Dina an Menaatment and Budget Clr, Na. A-Ile S DATE AILQUEST SUBMITTED INSTRUCTIONS Pfealle type or print legibly. Items 1, 3, 5, 9. 10, 11c, 11e, )1f, I Ig, 111, 12 and 13 are self-explanatory; spociftc Instructions for other Items are as follows: !teas " ' Entry 2 Indicate whether request Is prepared on cash or ac- trued expenditure bails. All requests for advances shall be prepared on a cash basis. 4 Enter the Federal grant number, or other Identifying number aas(gned try the Faderal sponsoring agency. If the advance or reimbursement Is for more than one grant of other agreement, insert N/A: then, show the agaregots amounts. On a separate sheet, list each grant or agreement number and the Federal share of outlays made against the grant or agreement. 6 Enter the employer Identification number assigned by the U.S. Internal Revenue $ervlcs, or the r1CE (institu• tion) code It requested by the rederat agency. 7 This space Is reserved for an account number or other tIdentifying number that may be assigned by the recipient, 0 Enter the month, day, and year for the beginning and ending of the period covered In this request. It the to, quest it for an advance or for both on advance and to. Imbursament, show the period that the advance will cover. It the request is for reimbursement, show the patlod for which the reimbursement Is requested. Noss: The Federal sponsoring agencies have the option of requiring recipients to complete items I1 or 12, but not both. Item 12 should be used when only a mintmum amount of Information Is needed to make on advance and Wtay Information contained In Item 11 can be obtained In a timely manner from other reports. 11 The purpose of the vertical columns (a), (b), and (c), is to provide space for separate cost breakdowns when a project has been ptanned and budgeted by program. function, or activity. It additional columns are needed, 5 A Item Entry use to many additional forms as needed and Indkata page number In space provided In upper fi{ht; how% over, the summary tolals at all programs, functions, or activities should ba shown In the "total" column on the first page. 11s Enter in "as of date", the month, day, and year of the ending of the octounting period to which this amount applies. Enter program outlays to dale (nee of refunds, rebates, and discounta), In the appropriate columns. For requests prepared on a cash bails, outlays are the sum of actual cash diabursemanls for goods and secy. lees, the amount of indirect expenses charged, the value of In-kind contributions applied, and the amount at cash advances and payments mods to subconLrac• tors and subreclplants. Far requests prepared on an accrued expenditure basis, outlays ire the sum of the actual cash dlabursemente, the amount of Indirect ea- parties Incurred, and the net Increase (or decrease) In the amounts owed try the recipient for goods and other property received and for services patformod by am• ptoyaes, contracts, subgrentees and other payees. 11b Enter the cumulative cash income received to date, It requests are prepared on a cash basis, for requests prepared on ¦n accrued expenditure basis, enter the cumulative income earned to date, Under either brats, enter only the amount applicable to program Income that was required to be used for the proleet or pro- gram by the terms of the grant or other egreemont. Itd Only when making requests for advance payments, enter the total estimated amount of ash outlays that will be made during the period covered by the advance, 13 Complete the cenificatlon Wore submitting this request. STANDARD FOAM M B= (1-16) ar0, 0% a • arr•lee j ?-_ -.. .. .., as? -sYn ? ..Y. ..s '. .. ?.•_.?,.....,• '. .?,.._.. ?._ ±_.- ?.?..-,. ? _.^.r r?r. Y?. •:?. ?,. .......?. ?. r... ? ,v ...,.,.,.,. ? .. * .x MODIFICATION OF DECLARATION OF UNITY OF TITLE THIS MODIFICATION OF DECLARATION OF UNITY OF TITLE is made and entered Into this day of , 1996, by and between CLEARWATER CHRISTIAN COLLEGE PRIVATE SCHOOL, INC., a Florida not for profit corporation ("Owner"), whose mailing address Is 3400 Gulf-to-Bay Boulevard, Clearwater, Florida 34619-4595, and a the CITY OF CLEARWATER ("City"), whose mailing address is 112 South Osceola Avenue, 11, -? . co Clearwater, Florida 34616. d WITNESSETH: ?d too. WHEREAS, Owner previously entered into that certain Declaration of Unity of Title c recorded in O.R. Book 7905, Page 864, Public Records of Pinellas County, Florida (the Unity of Title), pursuant to the requirements of the City pertaining to the issuance of building permits and regulating land development activities, for the real property owned by Owner more particularly described on Exhibit "A" attached hereto and made a part hereof (the "Property"); a °~ y WHEREAS, the legal description attached to the Unity of Title contained scriveners N errors, and the Exhibit "A" legal description attached hereto is the correct description of the g Property; and WHEREAS, Owner desires to encumber the Property by mortgaging certain portions thereof to separate lenders, thereby creating the possibility, in the case of foreclosure, for a partition of the Property, and Owner desires to modify the Unity of Title to allow such financing to take place; and WHEREAS, the City, by execution hereof, has agreed to such modification; NOW, THEREFORE, the parties agree that the Unity of Title is hereby modified as follows: 1. Recitals. The recitals set forth above are true and correct and are incorporated herein by reference. 2. Modification, Notwithstanding anything to the contrary contained in the Unity of Title, Owner shall be allowed to encumber the Property by mortgaging the property described as Menitts Hall Parcel, Emmons Hall Parcel and Paden Hall Parcel on Exhibit "B" attached hereto and made a part hereof (the "Exhibit "B" Property") and the remainder of the Property ? f described on Exhibit V attached hereto and made a part hereof (the "Exhibit "C" Property") to separate lenders and, In the event of foreclosure on either the Exhibit "B" Property or the Exhibit "C" Property, the partition of the Property resulting from such foreclosure action shall not be deemed to violate the Unity of Title. In no event shall Owner voluntarily sell, assign, convey, demise or transfer the Property to anyone, other than the mortgagee of the Exhibit "B" Property or the Exhibit "C Property, except In its entirety. In the event title to the Exhibit "B" Property or the Exhibit "C" Property is transferred pursuant to a foreclosure action or a deed to the mortgagee of the Exhibit "B" Property or the Exhibit "Co Property, the Exhibit "B" Property shall be released from the Unity of Title upon recording In the Public Records such Instrument of conveyance, and the Exhibit "C' Property shall remain subject to the Unity of Title. 3. Ratification. All terms and conditions of the Unity of Title not modified herein shall remain the same and in full force and effect. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. WITNESSES: Print Name y $?gnature CLEAR ATER CHRISTIAN COLLEGE PRIV SCHOOL, INC a Florida not for pr f corporation By: + eor . Youstr r ident (Corporate Seal) Print Nam Countersigned: Rita Garvey, Mayor-Commissioner CITY OF CLEARWATER, FLORIDA Elizabeth M. Deptula, City Manager Approved as to form and legal sufficiency: Pamela K. Akin, City Attorney Attest: Cynthia E. Goudeau, City Clerk -2- I I I t V I 1 r. ? f STATE OF FLORIDA } COUNTY OF PINELLAS ) The foregoing instrument was acknowledged before me this 2?&day of &da? _, 1996, by GEORGE D. YOUSTRA, as President of CLEARWATER CHRISTIAN COLLEGE PRIVATE SCHOOL, INC., a Florida not for profit corporation, on behalf of the corporation. He ' as presented a Florida driver's license as identification].' No ry PubIl Print Name: cx.. ??`1'7 s1q ?. My commission expires: 1 STATE OF FLORIDA } • WC SSW Ri/ CG22111 WW5 OeCtmber 12, 19% COUNTY OF PINELLAS } TftTFOFAMmmucr BEFORE ME personally appeared RITA GARVEY, the Mayor-Commissioner 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 day of , 1996. Notary Public Print Name: My commission expires: -3- STATE OF FLORIDA COUNTY OF PINELLAS ) BEFORE ME personally appeared ELIZABETH M. DEPTULA, the City manger 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 day of , '1996. 375W.W)488 i0AZM 6:03 PM /0107238.01 ?t V,r t: Notary Public Print Name: My commission expires: 7 PARCEL Xi PlYr' 'ur Government Lot 4 In the Northeast 1/4 of Section 15, Township 29 south. Range 16 Last and a part of the lortheast 3/4 Of the Northeast 1/4 of Section ia. To?mshlp 29 south. Fangs If rest, City• of Clearwater, Pinellas County, Tlorlda, bsing described as follower Start at the Kortheast corner of Government Lot 4, In the northeast 1/4 of Section 36.29-16 for a Point of beginning and go South 00 degrees 02 minutes 42 seconds Nest, 538.44 feet along the Last line of 'said Government Lot 4; thence go North a9 degrees 30 minutes 26 seconds Kest, 300,00 feet: thence go south 41 degrees 29 ¦lnates 04 seconds West, 453.31 feet to a point on the northerly right=of-way line of Courtney Caipbell Parkway: thence go South 82 degrees 38 minutes 52 seconds Nast, 902.52 feet along said right-of-way line: thence go North 00 degrees 02 minutes 42 seconds East, 1,84f.70 teat; thence go South a9 degrees 57 minutes 16 seconds East, 900.00 feet to *,point on the east line of the Northeast 3/4 of the Northeast 1/4 of the aforementioned Section 16; thence go South 00 degrees 02 nlnutes 42 seconds hest, 719.33 feet along said East line to the Point of Beginning. AND PA.fi? CE.` L II: Part of Government Lot 4 In the northeast 3/4.of the )fortheast 1/4 of Section 16, *Township 29 South. Range 16 Last, Clty of ,Clearwater, Plnellas County, llarlda, being described as follows: Start at the Southeast corner of the Northeast 1/4 of the Northeast 1/4 of Section 16-29-JS and go North 00 degrees 07 minutes 42 seconds Cast. 719.33 feet along the S.met line of said Northeast J/4 of the Northeast 1/4 of Section 16 to the Point of beginning. thence go North 89 degrees 37 ainutas la seconds hest, 900.00 feet: thence go North 00 degrees 02 ainutrs 42 seconds East. 609.58 feet to a point on the North line of said Section 16: thence go South 89 degrees 32 minutes 56 seconds East. 500.02 feet to the Northeast corner of said Section 16..thence go SoutC 00 degrees 02 mJ nutes 42 seconds Nest. 603.30 fact along the East line of Section 16 to the point of Beginning. ' AND PARCEL n l: 1C'3'J Tna -part of Government Lot one (3) In Section 15, Township 29 South. Range !E East. lying South of an Easterly projection of the North 13ne of Government Lot Pour (4) in Section 16. Townshil .29 South. Range 16 East, which projection Is extended to the deed, water channel of Tampa Say. Including full riparian rights. EXHIB rT A ZE(A)L DKSCRIMON PARCEL 1 (MERRI'!TS HALL PARCEL) A part of Government Lot 4 situated in the Northeast 1/4 of Section 16, Township 29 South, Range 16 East, Pinellas County, Florida, and being more particularly described as follows: Commence at the Southeast corner of the Northeast 1/4 of the Northeast 1/4 of said Section, also being the Northeast corner of Government Lot 4, run thence South 00002142• West, along the East boundary of said Government Lot 4, 42.18 feet; thence North 89057118" West, 82.26 feet to a building corner of Merritts Hall, also being the Point of Beginning, thence North 52057120" West, 50.00 feet; thence South 37002'40" West, 29.3 feet; thence North 52057120" West, 115.3 feet; thence North 37002140" East, 13.1 feet; thence North 52057120" West, 19.3 feet; thence South 36056'49" West, 77.5 feet; thence South 53050104" East, 19.3 feet; thence North 31056'02" East, 3.7 feet; thence South 52057120" East, 22.7 feet; thence North 37002'400 East, 10.0 feet; thence South 52057120" East, 142.8 feet; thence North 37002140" East, 79.7 feet to the Point Of Beginning. PARCEL 2 (EMONS HALL PARCEL) A part of Government Lot 4 situated in the Northeast 1/4 of Section 16, Township 29 South, Range 16 East, Pinellas County, Florida, and being more particularly described as follows: Commence at the Southeast corner ofijthe Northeast 1/4 of the Northeast 1/4 of said Section, also being the Northeast corner of Government Lot 4, run thence South 00002142" West, along the East boundary of said Government Lot 4, 324.11 feet; thence North 89057118" West, 377.66 feet to a building corner of Emmons Hall, also being the Point Of Beginning; thence North 53029151" West, 256.7 feet; thence South 36030'09" West, 46.4 feet; thence South 53029151" East, 256.7 feet; thence Nortb 36030'09" East, 46.4 feet; to the Point Of Beginning. PARCEL 3 (PADEN HALL PARCEL) A part of Government Lot 4 situated in the Northeast 1/4 of Section 16, Township 29 South, Range 16 East, Pinellas County, Florida, and being more particularly described as follows: Commence at the Southeast corner of the Northeast 1/4 of the Northeast 1/4 of said Section, also being the Northeast corner of Government Lot 4, run thence South 00002142" West, along the East boundary of said Government Lot 4, 558.44 feet] thence North 89030'26" West, 300.00 feet; thence South 41029104" West, 290.18 feet; thence North 48030156" West, 338.50 feet to a building corner of Paden Hall, also being the Point Of Beginning; thence North 00033146" west 295.7 feet; thence South 89026'14" West, 37.9 feet; thence South 00033146" East, 295.7 feet; thence North 89026'14" East, 37.9'feet; to the Point of Beginning. OXHIBIT B PARCEL it rmor Covoi rnnsnt Lot 4 in the Northeast' 114 of section tae Tawnshlp 2! South, Stange 36 toot and • part of the Kartheast 114 Of the f+ottheact 1/4 of 8eetson is, Township 29 south. Range to Sant. City of W marwator. Pincllav County, Plarld¦, baring dcserlbsd as, t°ollowsi start at the Northeast cornei .of Government Lot 4, In the Northeast 1/4 of sectlan 16-29rlo for a Point of Beginning and go South 00 degrees 02 ¦ingtos 42 seconds Nest, 854.44 foot along the East 21no of 'said poverrment Lct it thanee go north 84 dcgreti 30 minutea 26 seconds Wast, 200.0o tech thence go South 41 degrees 29 m1 utes 04 teconds Went, 4=0.71 feet to a point on the Hortherly right-of-way line of Courtney Ca!:ptall Parkway; thence go South 82 degreoa 38 x1nutes 32 seconds Nett. 700.62 fact along sold right-of-Nay line: thence qq North 00 degroca 02 minutes 47 accondo fasts, 3,661,2n Peet' thence go South 89 degrees 57 sinutes is eacords East, Poo.Oo feat to a point on the Etst•33ne of the Northeant 3/4 of the Northeast 3/4 of the aforementioned Section 16; thence go South 00 degrees 02 Minutes 42 seconds Hest, 719.37 feet along cald East line to-the Point of 8cginnln9. PARCEL IIr Part of Government Lot 4 in the Northeast 3/4.of the Northeast 1/4 of Section 16, Township 29 South, Range 16 East, city of ,,Clearwater, Pinellas County, Flcrldc, being deoct1bed as follows: Start at the Southeast corner at the Northeast 1/4 of the Hortheact 1/4 of Section 10-29-36 and go North OD 'degrees 02 minutes 42 ceeonds Cant. 719.33 feet along the Sast line of sald Northeast 1/4 of the northeast 1/4 of Section 16 to the paint of Beginning, thence go North 69 degrees 37 mIAUtea 18 seconds Nest, 900,00 feet: thence go North 00 degreav 02 ainuten 4z seconds East. 609.30 feet to a point an the Korth dine of said Sectlon 16% thence go South 09 degreen 32 rlnUted SG asccndo gout. 900602 Meet to the Northeast corner of said Section i6, thence go 5outb 00 degrees 02 minutex 47 acconda West. 603.20 tact 41ono tha taut lint of section 16 to the Point of Beginning. MD PAnCCL III: .. 2CJ5 VAU=Part of Government Lot-One Ise In Sectlan 15. Towno:tlp 29 South. Range 10 East, .lyir?g South of an Easterly prajrction of thn north line of 'Government Lot Four (a) in Section 16.'Townshil .29 South, Range 16 East, which projection In extended to Cho *deal., QA%wr channel of Tampa Soy, including full ripar3an righto. LESS AND EXCEPT THE FOLLOWING DESCRIBED PROPERTY: ]EXHIBIT C - PACE 1 r LEGAL DESCRUTION PARCEL 1 j (MERRITTS HALT, PARCEL) A part of Government Lot 4 situated in the Northeast 1/4 of Section 16, Township 29 South, Range 16 Bast, Pinellas County, Florida, and being more particularly described as follows: Commence at the Southeast corner of the Northeast 1/4 of the Northeast 1/4 of said section, also being the Northeast corner of Government Lot 4, run thence South 00002142" West, along the East boundary of said Government Lot 4, 42.18 feet; thence North 89057118" West, 82.26 feet to a building corner of Merritts Hall, also being the Point Of Beginning, thence North 5205712011 West, 50.00 feet; thence-South 37002140" West, 29.3 feet; thence North 52057120" West, 115.3 feet; thence North 37002'40% East, 13.1 feet; thence North 52057120" West, 19.3 feet; thence South 36056'49" West, 77.5 feet; thence South 53050'04" East, 19.3 feet; thence North 31056102" East, 3.7 feet; thence South 52057120" Bast, 22.7 feet; thence North 37002140" East, 10.0 feet; thence South 52057120' East, 142.8 feet; thence North 37002140" East, 79.7 feet to the Point Of Beginning. PARCEL 2 (EKMONS HALL PARCEL) A part of Government Lot 4 situated in the Northeast 1/4 of Section 15, Township 29 South, Range 16 East, Pinellas County, Florida, and being more particularly described as follows: Commence at the Southeast corner of-the Northeast 1/4 of the Northeast 1/4 of said Section, also being the Northeast corner of Government Lot 4, run thence South 00002142" West, along the East boundary of said Government Lot 4, 324.11' feet; thence North 89057118" West, 377.66 feet to a building corner of Emmons Hall, also being the Point Of Beginning; thence North 53029151" West, 256.7 feet; thence South 36030109" West, 46.4 feet; thence South 53029151" East, 256.7 feet; thence North 36030'090 East, 46.4 feet; to the Point Of Beginning. PARCEL 3 (PADEN HALL PARCEL) A part of Government Lot 4 situateu in the Northeast 1/4 of Section 16, Township 29 South, Range 16 East, Pinellas County, Florida, and being more particularly described as follows: Commence apt the Southeast corner of the Northeast 1/4 of the Northeast 1/4 of said Section, also being the Northeast corner of Government Lot 4, run thence South 00002142" West, along the East boundary of said Government Lot 4, 558.44 feet; thence North 89030126" West, 300.00 feet; thence South 41029104" West, 290.18 feet; thence North 48030'56" West, 338.50 feet to a building corner of Paden Hall, also being the Point Of Beginning; thence North 00033146" West 295.7 feet; thence South 89026,14M West, 37.9 feet; thence South 00033146" East, 295.7 feet; thence North 89°26'14" East, 37.9 feet; to the Point of Beginning. OXHIBIT C - PAGE 2 . Prepared by i return to: Earl Barrett Engineering Administration City o! Clearwater P. G. Box 4148 Clearwater, Fl. 34618-4748 EASEMENT DEED This Easement Deed is executed this day of , 1996, by CLEARWATER CHRISTIAN COLLEGE PRIVATE SCHOOLS, INC., a corporation not for profit existing under the laws of the State of Florida, also known as Clearwater Christian Private Schools, Inc. and Clearwater Christian College, Inc., and formerly known as Conservative Christian Private Schools, Inc., 3400 Gulf-To-Bay Boulevard, Clearwater, Florida 34619, as "Grantor," to the CITY OF CLEARWATER, FLORIDA, a Florida municipal corporation, whose post office address is P. 0. Box 4748, Clearwater, Florida 34618-4748, and PINELLAS COUNTY, FLORIDA, a political subdivision of the State of Florida, whose post office address is 315 Court Street, Clearwater, Florida 34616, Attention: General Services, as tenants in common, collectively referred to herein as "Grantee." WITNESSETH, that said Grantor, for and in consideration of the sum of Ten Dollars ($10.00), in hand paid by the said Grantee, the receipt of which is,hereby acknowledged, does hereby grant and convey to the said Grantee a nonexclusive easement for free and unfettered ingress and egress over, under and across the following described land, lying and being situate in the County of Pinellas, State of Florida, to wit: A PORTION OF THAT PART OF GOVERNMENT LOT 4 IN THE NE14 OF SECTION 16, TOWNSHIP 29 SOUTH, RANGE 16 EAST, AND THAT PART OF THE NW's OF SECTION 151 TOWNSHIP 29 SOUTH, RANGE 16 EAST, CITY OF CLEARWATER, PINELLAS COUNTY, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" P11D DEPICTED IN EXHIBIT "B" ATTACHED HE1MT0. TO HAVE AND TO HOLD the appurtenances thereun' the said Grantee shall described premises and t rightwof--way improvements improvements from time to the same, together with all and singular o belonging or in anywise appertaining, and have the right to enter upon the above o construct, install and maintain thereon and to inspect, maintain and alter such time. RECORDATION of this instrument by Grantee, jointly and severally, shall serve to void and extinguish all rights previously granted in that Easement Deed dated March 7, 1988 and recorded on March 10, 1988 in 0, R. Book 6698, Pages 76 through 79, in the Public Records of Pinellas County, Florida, with all rights granted therein reverting fully to Grantor as though they had never vested in Grantee. Page 1 of 4 IN WITNESS WHEREOF, the said Grantor has caused this instrument to be signed in its name by its Chairman of The Board of Directors, countersigned by its President, attested by its Senior Vice President, and its corporate seal to be affixed the day and year first above written. Signed, sealed and delivered in t presence of: S nat e ntlersigned: (CORPORATE SEAL) CLEARWATER CHRISTIAN COLLEGE PRIVATE SCHOOLS, INCORPORATED, a/k/a Clearwater Christian Private Schools, Inc. and Clearwater Christian College, Inc., and f/k/a Conservative Christian Private Schools, Inc. By: /?? p a1d Wood, j Cha rman ... M v Geor D. Youstr , President test: J es W. Munro, Senior Vice Pr sident STATE OF FLORIDA COUNTY OF PINELLAS BEFORE ME, the undersigned authority, personally appeared Donald Wood, as Chairman of the Board of Clearwater Christian College Private Schools, Inc., a Florida corporation not for profit, a/k/a Clearwater Christian Private Schools, Inc. and Clearwater Christian College, Inc., and f/k/a Conservative Christian Private Schools, Inc., who acknowledged the foregoing instrument and severally acknowledged the execution thereof to be his free act and deed as such officer, duly authorized by resolution of the Board of Directors for the us and purposes therein mentioned. Notar Public - State of Florida Print ame ArM [1/i""Personally Known [ ] Produced Identification Type of Identification Produced +.)1)))))))))))1)))))x)?1)t.: ?1:?s)1)l.:.i)))))))) ! ff? Lynn r Smm c • . t : Notary Public, State of north c Commission No. CC 5331 BO c c ?'`?-`?-'"?My Commsuioaxpim 02?18, ' «tcctt<tt<ct«<tcccccccctc<cc«t<c!uctc«ccc<c<c c Page 2 of 4 STATE OF FLORIDA COUNTY OF P11 ELLAS BEFORE ME, the undersigned authority, personally appeared George D. Youstra, as President of Clearwater Christian College Private Schools, Inc., a Florida corporation not for profit, a/k/a Clearwater Christian Private Schools, Inc., and Clearwater Christian College, Inc., and f/k/a Conservative Christian Private Schools, Inc., who acknowledged the foregoing instrument and severally acknowledged the execution thereof to be his free act and deed as such officer, duly authorized by resolution of the Board of Directors for the uses and purposes therein mentioned. Not Prin Type ?- 6-m A Lic -- State of Flor Name FSMM Personally Known Produced Identification of Identification Produced pM" Lynn F. Smith `F Notary Public, State of Ffotids ComwksioaTao.=533190 W ?mycmririwouExpires DVI&( son" U Mtb Fs ;!wary su %itt a son&" Ca. MORTGAGEE CONSENT TO EASEMENT CITIZENS BANK AND TRUST, f/k/a Citizens Bank of Clearwater, 1150 Drew Street, Clearwater, Florida 34615, a Florida Banking Corporation, on this day of 44A- , 1996, in consideration of receipt of One Dollar ( 1.00) and other good and valuable consideration, which is hereby acknowledged, and execution of the grant of easement or right-of-way by the fee owner of the premises described herein, the terms of which are incorporated herein and, by reference, made a part hereof, being the owner and holder of all the indebtedness secured by that certain mortgage dated April 10, 1990 and recorded in O.R. Book 7247, Page 939, in the Public Records of Pinellas County, Florida, thereafter severally modified, and being further modified as described in that certain Mortgage Modification Agreement For Future Advance dated November 22, 1995 and recorded on November 29, 1995 in O.R. 9176, Page 802, in the Public Records of Pinellas County, Florida, hereby consents and agrees to the grant of easement as described herein, and grants to the CITY OF CLEARWATER.. FLORIDA, a Florida Municipal Corporation, and to PINELLAS COUNTY, FLORIDA, a political subdivision of the State of Florida, their successors and assigns, the same right-of-way, and agrees that such right-of-way shall be prior and paramount to all rights under such mortgage, and any future modifications thereof; and that any sale under foreclosure of said mortgage shall be subject to such right-of-- way. Page 3 of 4 Signed, s le nd delivered in the D&bentei df: .100 CIT H K & TRUST, f/k/a C&Eizens nk of Clearwater 5ignat)te I . S. ?4 9 Pr t Name J16f S K'6?t-x- anature /4 - mC L??r/Yl r C IG - . Print Name By: Dav d P. Stone, Pres (CORPORATE SEAL) STATE OF FLORIDA COUNTY OF PINEMAS The foregoing instrument was acknowledged before me this day of 1996 by David P. Stone, as President, Citizens Bank and Trust, f k/a Citizens Bank of Clearwater, on behalf of said corporation and for the purposes described therein. Notary Pub `l c'- State of Florida Print Name RISTINE A. McCORMICK NOi lIRY P VC, STATI; FLORIDA [?? Personally Known M COlrt1?. • DEC•0, INS [ Produced Identification COMM. ACC 424903 Type of Identification Produced Page 4 of 4 I` EXHIBIT "A" INGRESS / EGRESS EASEMENT Commence at the Northeast corner of Government Lot 4, In Section 16, Township 29 South, Range 16 East as recorded in the Public Records of Pinellas County, Florida; thence S8930'14E, 89.52 feet, along the East line of sold Section 16 to the Point of Beginning #1; thence continue along said East line, S8930'14"I~, 26.96 feet, thence S22'29'30"W. 151.20 feet; thence along the arc of a curve to the left, radius 358.03 feet, arc length 97.10 feet, chord 96.80 feet, chord bearing S39002'42"W; thence along the arc of a curve to the right, radius 132.04 feet, arc length 37.61 feet, chord 37.48 feet, chord bearing 531'47'33"W; thence along the arc of a curve to the right, radius 149.92 feet, arc length 70.23 feet, chord 69.59 feet, chord bearing S51'33'51"W; thence along the arc of a curve to the left, radius 80.00 feet, arc length 30.88 feet,chord 30.69 feet, chord bearing S53'55'32"W; thence S42'52'01"W, 52.85 feet; thence 540'46'20"W, 70.99 feat; thence 538.44'33"W, 43.21 feet; thence S38'44'33"W, 43.21 feet; thence S35'02'47"W, 121.80 feet, to Point "A" for future reference; thence S43'23'49"W, 28,71 feet; thence S41'29'04"W, 453.31 feet, to a point on the North right-of-way line of State Road 60 and a property ::orner of Clearwater Christian College (per deed and City of Clearwater Utility Maps); thence 58238'52"W, 37.98 feet, along sold North right-of-way line; thence N41'29'04"E, 449.16 feet; thence along the arc of a curve to the left, radius 30.00 feet, orc length 41.41 feet, chord 38.20 feet, chord bearing N01.56'26"E; thence N37'36'12"W, 68.58 feet; thence along the arc of a curve to the left, radius 306.72 feet, arc length 59.10 feet, chord 59.00 feet. chord bearing N42'50'04"W; thence N36'51'43"E, 118.06 feet; thence along the arc of a curve to the left, radius 40.00 feet, arc length 25.28 feet, chord 24.B6 feet, chord bearing N18"45'17"E; thence NOO'38'51"£, 49.52 feet; thence along the arc of a curve to the right, radius 50.00 feet, arc length 19.71 feet, chord 19.59 feet, chord bearing N11'56'36"E; thence N23'14'20"E, 71.30 feet, chord bearing N11'56'36"1=; thence N23'14'20"E, 71.30 feet; thence along the arc of a curve to the right, radius 80.00 feet, arc length 108.57 feet. chord 100.43 feet, chord bearing N62'07'04"E; thence along the are of a curve to the left, radius 160.74 feet, arc length 111.99 feet, chord 109.74 feet, chord bearing N81'02'12"E; thence N6634'16"E, 24.06 feet; thence along the arc of a curve to the right, radius 71.00 feet, arc length 80.50 feet, chord 76.26 feet, chord bearing N80'26'45"E; thence along the arc of a curve to the left, radius 40.00 feet, arc length 76.48 feet, chord 65.35 feet, chord bearing N77'15'50"E; thence N22'29'30"E, 107.91 feet to POB ##1. Less and exce?t the following described tract: commence at the above described Point "A"; thence N54'56 28"W, 15.00 feet, to the Point of Beginning #2; thence along the arc of a curve to the right, radius 11.13 feet, are length 19.14 feet, chord 16.86 feet, chard bearing N80'22'51"W; thence N3736'12"W, 85.20 feet; thence along the arc of a curve to the left, radius 331.69 feet, arc length 43.89 feet, chord 43.85 feet, chord bearing N41'07'35"W; thence along the arc of a curve to the right, radius 8.00 feet, arc length 11,42 feet, chord 10.47 feet, chord bearing N04'01'13"W; thence N36*51'43"E, 87.49 feet; thence along the arc of a curve to the left, radius 55.00 feet, arc length 34.76 feet, chord 34.19 feet, chord bearing N18'45'17"E; thence N00'38'51"E, 49.52 feet; thence along the arc of a curve to the right, radius 35.00 feet, arc length 13.80 feet, chord 13.71 feet, chord bearing N1 1'56'36"E; thence N23'1 4'20"E. 71.30 feet; thence along the arc of a curve to the right, radius 65.00 feet. arc length 88.21 feet,chard 81.60 feet, chord bearing N62'07'04"E; thence along the arc of a curve to the left, radius 175.74 feet, arc length 121.71 feet, chord 119.29 feet, chord bearing N81'09'24"E; thence N66'301"£. 23.23 feet; thence along the arc of a curve to the right, radius 56.00 feet, arc length 913.53 feet, chord 86.31 feet, chard bearing S62'31'13"E; thence along the ore of a curve to the right, radius 75.86 feet, arc length 16.06 feet, chord 16.03 feet, chord bearing S06'02'53"E; thence along the arc of a curve to the right, radius 117.04 feet, arc length 73.00 feet, chord 71.82 feet, chord bearing S22'12F04"W; thence along the arc of a curve to the right, radius 134.92 feet, arc length 63.44 feet, chord 62.66 feet, chord bearing 551'30'49"W; thence along the arc of a curve to the left, rcdius 95.00 feet, arc length 36.67 feet, chord 35.44 feet, chord bearing S53'55'32"W; thence 542'52'01"W, 53.13 feet; thence 540'46'20"W, 71.27 feet; thence 538'45'18"W. 43.74 feet; thence S35'03'32"W, 122.77 feet, to POB #2. Containing 2.67 Acres more or less. 7/!/0 By. AG a?rL CMA&W LUALNK p5lS2/?drrq SnNI ! a! 7 1 EXHIBIT "B" NE Cor OwA Lot 4 See 16»29-14 C O O P E R' S R..4O.0O' 1-76.46' P.D.H. 1x85.35' H.wN 77'15'50' E C S 60130'14' E ' ( . 6942 21'Lor NOTE: We in not a wrray t R+t60.7i' 1-111.94 R?71.t10' 4733 76' ? C9wN 619212' E 6026'45' E ' ? a ?w . = R?80.00 ' 66.3 ? h L-108.57 11 .Li. y 0100.43' ` C.H.+N 62'0764• E 46 C8 R?3S8.O3' C7 L- 07.10' C- 06.80' + 1892'42' w R-5660' c*'? S ti C10 L?1Q.71' ' s R.13ZO4' ' C.19.54 = L"37.61 C.9.-N 1138'36' E C11 CS 55 X1; CS 47'33• w M 04'36'Si' E R-40.DD C12 R-140.02' L-70.23' ' L••25.21V .? C-60.50 ' ' 024.56' C.R...S 51133 w 5t CAL-H 16'4517' E C4 R-6O.DO, « L-30.36' C-30 66* ??ss S 5Z8S0i• w , .335'32' w C3 5 40'4x•20' YI R-306 72' C2 P.O.O. /1 70.40' . 1 W 5 3x 06' . Cr50 ' ' z o 43.21' CH.rM 4236 O4 W t LINE TABLE R?3O 116' PL 'A' C+438L.2W / CAL-4 41"3xIC E ? \'S 412.3'4!' w 28.71' P 0 1 N T LIN W 1 u N 373612 w 85.7 0 N 36!51'43- E 67.44 L4 N 00'38 1 49.52 N 1 6 N :2 2 L7 S 4252'01 w sls L6 S 40'46 20 4f 71.1 $ 4 I w il74' 1 S 35 3 w 1 CURVE TABLE +?a Intwwtlon of M R/W 0n& of SR 60 •? t Aroporl, cornor of a*..'2v;et:m Coffe0e *o (Pw bud k CHy 41 C1r. Utmly Nap) s 623ds2' W 37.94 C11R1 RAD n LfNG1N CH10RO 9EARIN0 C1 11.13 10.14 16.bx N 647211 W C2 331.60' 1- 41'0 3S M99 4 4Y 11 0 w C4 "Moo 34,7x 34AS #118'451 E CS 3100 13 13 71 N 11'56 38 E 55.00' 86.21 31. N 629 04 121.71, 11 l 4 Cb 9 bd, 1 11 C>i 75.36 18.06 ib. S 0692 y3 E Cib 117.04 7100 S 22'120; w 1 1 0 44 i 1 1 0 .00 38.6r 44 w 7/1/08 01e AG Q5152Ad" Shut 7 of 2 . .,.. F I CONSENT AND JOINDER The'undersigned hereby join in the foregoing Easement Deed and consent to the voiding and extinguishing, and do hereby relinquish, all rights granted to the undersigned under that certain Easement Deed dated March 7, 1988 and recorded March 10, 1988, in O.R. Book 6698, Pages 76 through 79, Public Records of Pinellas County, - Florida. DATED this day of 11996. Countersigned: Rita Garvey, Mayor-Commissioner CITY OF CLEARWATER, FLORIDA Elizabeth M. Deptula, City Manager Attest: Cynthia E. Goudeau, City Clerk Approved as to form and legal sufficiency: Pamela K Akin, City Attorney STATE OF FLORIDA ) COUNTY OF PINELLAS ) BEFORE ME personally appeared RITA GARVEY, the Mayor-Commissioner 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 day of , 1996. Notary Public Print Name: My commission expires: Notary Public Print Name: My commission expires: STATE OF FLORIDA ) COUNTY OF PINELLAS ) 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 day of , 1996. Q I-] LEGISLATIVE CONSULTANT SERVICES AGREEMENT THIS AGREEMENT Is made on the 1st day of October, 1996, by and between the CITY OF CLEARWATER, FLORIDA, P.O. Box 4748, Clearwater, Florida 34618, (the "City") and the law firm of PENNINGTON, CULPEPPER, MOORE, WILKINSON, DUNBAR & DUNLAP, P.A., P. O. Box 10095, Tallahassee, Florida 32302 ("Consultant"). WITNESSETH: WHEREAS, City issued a Request for Qualifications from Consultant to provide Legislative Consultant Services, attached as Exhibit A; and WHEREAS, Consultant agrees to provide Legislative Consultant Services to the City as described in Consultant's Qualifications Submittal proposal, attached as Exhibit B; NOW, THEREFORE, in consideration of the promises and mutual covenants herein contained, the parties hereto do hereby agree as follows: SECTION 1. AUTHORIZATION TO PROCEED AS CONSULTANT. Consultant is hereby authorized under the terms and conditions of this Agreement to provide Legislative Consultant Services to City as described in Exhibits A and B. SECTION 2. SCOPE OF SERVICES. Consultant shall keep City informed and active in the state legislative process by working with City staff to advocate the City's position regarding issues before the state legislature and various state agencies. Consultant agrees to organize a lobbying team led by Peter M. Dunbar and Martha Edenfield which shall include all the resources of the individual lobbyists of the consultant's firm to assist and represent the City on issues which shall include, but are not limited to the following: A. Preparation and presentation of the annual legislative package to the Pinellas County legislative delegation. B. Actively seek state and federal funding for the replacement of the Memorial Causeway Bridge and working with the Florida Department of Transportation to allow the City to pay for the cost of replacing the bridge and to be reimbursed at a later date. C. Organize and retain individual lobbyists to assist the City and other interests that have similar points of view. D. Develop and maintain contacts with the House and Senate members of the focal delegation in assembling a vote count for key committees in both houses, including lists of votes and strategies to convert to obtain votes. s.,Vnewcamellobby.sgr • s E. Appearing before committees and coordinating all the messages that will be delivered to both House and Senate members as developed and approved by the lobbying team. F. Establish and maintain regular lines of communication with all elements of the lobbying team and its allies. G. Develop specialized strategies for subgroups and caucus in the process. H. Coordinate and monitor the activities of any opposition point of view in the legislative process. SECTION 3. LOBBYING TEAM. It is understood and agreed between the City and Consultant that the responsibility for organization and leadership of the lobbying team will fall upon Peter M. Dunbar and Martha Edenfield, but the consultant team will include all of the resources of the Consultant's individual lobbyists. The City reserves the right in its absolute discretion to cancel this Agreement if either Peter M. Dunbar or Martha Edenfield are not responsible for the organization and leadership of the lobbying team. SECTION 4. TERM. The initial term of this Agreement shall be from October 1, 1996 through September 30, 1997. Thereafter, the City shall have the option to extend the Agreement on an annual basis with thirty (30) days written notice to Consultant under the same terms and conditions through September 30, 2002. SECTION 5. PROFESSIONAL FEES FOR SERVICES. The City and Consultant agree to an annual flat fee for legislative consulting services of Twenty-Six Thousand Dollars ($26,000). Consultant shall bill City Three Thousand Dollars ($3,000) per month for the legislative and campaign months of October through April, and One Thousand Dollars ($1,000) for the months of May through September. Special projects before executive agencies that are not included in the Scope of Services will be agreed to in advance and billed separately at the Consultant's hourly rate of $125 to $200 per hour as approved by the City Manager. SECTION B. COMPENSABLE EXPENSES. Reimbursement of expenses shall be made by the City to the firm for reasonable out-of-pocket expenses as determined by the City Manager without markup, for long distance calls and facsimiles, copying or reproducing documents, postage, court costs, parking costs and travel incurred by Consultant in performance of the duties hereunder. Travel and per diem costs as well as automobile travel expenses shall not exceed that which is available to City of Clearwater employees. SECTION 7. INDEMNIFICATION AND INSURANCE. Consultant agrees to protect, defend, indemnify and hold the City and its officers, employees and agents free and harmless from and against any and all losses, penalties, damages, settlements, costs, charges, professional fees or other expenses or liabilities of every kind and 2 character arising out of or due to any negligent act or omission of Consultant or its employees in connection with or arising directly or indirectly out of this Agreement and/or the performance hereof. Without limiting its liability under this Agreement, Consultant shall procure and maintain during the life of this Agreement professional liability insurance in a minimum amount of one million dollars ($1,000,000.00). This provision shall survive the termination of this Agreement. SECTION 8. CONFLICT OF INTEREST. It is understood by the City and Consultant that Consultant is not aware of any clients of the firm that currently present any direct conflict between the interests of the City and other clients of Consultant. If any potential conflict of interest arises during the time Consultant is representing the City, Consultant will promptly inform the City. In that event, Consultant and City shall agree upon a lobbyist to represent the City on any issue in conflict and agree upon the appropriate fee for said services, which shall be deducted from Consultant fee. SECTION 9. CONSTRUCTION AND AMENDMENTS. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. This Agreement may be amended only by a writing duly entered into by the City and Consultant. SECTION 10. COMPLIANCE WITH RECYCLED PAPER ORDINANCE. Consultant agrees to comply with the City's Recycled and Recyclable Products Ordinance Sec. 2.601 which states the following: A. All reports submitted to the City shall use recycled paper when it is available at a reasonable price and of satisfactory quality to meet contractual performance standards. For the purposes of this paragraph, the price of recycled paper shall be considered "reasonable" if its cost is no more than ten percent higher than the lowest price offered for non-recycled paper. B. All reports submitted to the City shall use both sides of paper sheets whenever practical. C. Consultant shall be responsible for maintaining records documenting usage of recycled paper for reports submitted to the City in fulfillment of contractual obligations. Consultant shall submit such records to the City according to procedures to be established by the Purchasing Manager. SECTION 11. CANCELLATION OF AGREEMENT. Either party may cancel this Agreement for any reason upon thirty (30) days advance written notice to the other party. In the event of cancellation, Consultant shall immediately cease work hereunder and shall be reimbursed for eligible and documented reimbursable expenses incurred prior to the date of cancellation. 3 SECTION 12. ATTORNEYS FEES. In the event that either party seeks to enforce this Agreement through attorneys at law, then the parties agree that each party shall bear its own costs and that jurisdiction for such an action shall be in a court of competent jurisdiction in Pinellas County, Florida. IN WITNESS WHEREOF, the City and Consultant have executed this Agreement as of the date first written above. Countersigned: CITY OF CLEARWATER, FLORIDA By: Rita Garvey, Mayor-Commissioner Elizabeth M. Deptula, City Manager Approved as to form and Attest: " " ? at suffici ncy: Pamela K. Akin, City Attorney Cynthia E. Goudeau, City Clerk. PENNINGTON, CULPEPPER, MOORE, WILKINSON, DUNBAR & DUNLAP, P.A. By: 4 REQUEST FOR OUALIFICATTON1 r 57 -A- Vie City of aearw er is soliciting qualtfied individuals to represent the Oty's interest In the state kgislamre and other required lobbying efforts on the My s behalf. The City of Clearwater is located on the central west coast of Florida. It contains 34.9 square miles of land and water areas and has a population of approximately 100,000. With 1,624 full time employees, Clearwater is a full service city, including its own gas utility serving northern Pinellas and southern Pasco Counties. The 1996 fiscal year budget is a total of $170,878,520 that includes $64,303,180 in the General Fund, $62,030,860 in Enterprise Funds and $44,544,480 in Capital Improvement Projects. Clearwater is tourist oriented but is beginning to attract hi-tech industries. The City of Clearwater believes it is in its best interest to be informed and active in the legislative process. To that end, the City contracts with a lobbyist. The lobbyist is expected to work closely with a City administrative staff member to advocate the City's position regarding issues before the state legislature, to keep the City informed on issues of concern or potential concern to the City, and to proactively seek opportunities on issues of concern to the City. The lobbyist also assists the City in working with various state agencies to obtain desired actions. The City annually prepares a legislative package based on input from the City Commission and City departments. The City's lobbyist will provide input to the City during the formation of this package. After Commission approval, the package is submitted to the Pinellas County Legislative Delegation at its local public hearings held in the fall of each year. The lobbyist is also provided a copy of the package. Currently, the City is very involved in seeking state and federal funding for the replacement of the Memorial Causeway Bridge. Should funding not be available, City staff is working with the Florida Department of Transportation (FOOT) to allow the City to pay for the cost of replacing the bridge and be reimbursed at a later date. This avenue is being pursued based on legislation passed in the last legislative session that allows FDOT to enter interlocal agreements with government agencies for the reimbursement. Other issues currently of major importance include the redevelopment of downtown and the beach. As part of the submittal, each applicant must show: 1) the capability to be an effective lobbyist at the state legislative level on behalf of a local government municipality; 2) familiarity with state agencies and a record of a successful working relationship with these agencies; 3) the capability to review pending or proposed regulations and laws at the state and federal level to identify the impacts on Clearwater; - I- 4) the ability to identify opportunities for the City of Clearwater; and S) the capability to communicate effectively with the City concerning its needs and interests. The submittal should contain: 1) A plan which defines an approach to assist the City of Clearwater in its lobbying efforts, personnel available from the firm, and basis for computing fees and charges. If an hourly rate is proposed, the submittal shall include an estimate of hours required. Also, each Proposer shall furnish the following information in the proposal: 1) company history, past experience and applicability of experience; 2) qualifications of key personnel who will lobby on the City's behalf; 3) five references including names and telephone numbers of current and former clients to whom similar services were provided; and 4) a proposed agreement. All submittals shall be delivered to the City's Purchasing Manager, City of Clearwater, 100 S. Myrtle Avenue, third floor, Clearwater, FL 34616, prior to the opening time of Friday, August 2, 1996, at 4:40 p.m. EST. (The City's mailing address is City of Clearwater, P. O. Box 4748, Clearwater, FL. 34618-4748,) The delivery of the competitive proposal to the City of Clearwater Purchasing Office prior to the specified date and time is solely and strictly the responsibility of the Proposer. All competitive proposals must be manually and duty signed by an authorized corporate employee with the authority to bind said Proposer. All submittals must be marked on the outside: "Quallf'ications submittal to provide lobbying services to the City of Clearwater" The Proposer shall submit five (5) copies of the submittals in their entirety. Each Proposer shall examine all RFQ documents and shall judge all matters relating to the adequacy and accuracy of such documents. Any inquiries, suggestions, or requests concerning interpretation, clarification, or additional information pertaining to the RFQ shall be made through the City of Clearwate- Purchasing Manager, George McKibben, telephone (813) 562-4634. The City of Clearwater shall not b i for oral interpretations given by any City of Clearwater employee, representative, or others. I... : a written addendum is the only official method whereby interpretation, clarification, or addition,..:. ?n can be given. If any addenda are issued to this RFQ, the City of Clearwater will attemp:. -, . • ?? 11 prospective Proposers who have secured same. However. it shall be the responsibility of each Prol- ur to submitting the proposal, to contact the City of Clearwater to determine if addenda were issued w.u to make such addenda a part of the proposal. -2- Written proposals, other submissions, correspondence, and all records made thereof, as well as negotiations conducted pursuant to this RFQ, =nail be handled in compliance with Chapters 119 and 286 Florida Statutes, The City gives no assurance as to the confidentiality of any portion of any proposal once submitted. Any actual or prospective Proposer who is aggrieved in connection with the solicitation or award of a contract may seek resolution of his/her complaints by contacting the Purchasing Manager. Once a proposal is submitted, the City of Clearwater shall not accept any request by any Proposer to correct errors or omissions. The City of Clearwater reserves the right to dispose of any or all copies of competitive proposals in whatever manner it deems appropriate. No copies of any proposal will be returned to the Proposer. The tentative schedule for the evaluation and negotiation of proposals is as follows: a, U o Proposal Opening o Presentation to Staff o Recommendation of Top Ranked Firms and Presentations by the Firms o Negotiation of Contract o Commission approval of Contract Friday, August 2, 1996, at 4:00 p.m. EST Friday August 9, 1996 City Commission, August 15, 1996 August 22, 1996 September 5, 1996 The above schedule may be changed solely at the City of Clearwater's discretion. Proposer to acknowledge by authorised signature that it has read and concurs and/or takes exception as noted to the requirements listed in this RFQ. P -3- The evaluation and ranking of competitive proposals shall be accomplished utilizing the criteria described in this Section. Only information and data included in the Proposer's proposal shall be considered in the evaluation and ranking process. Proposals which are deemed incomplete or non-conforming with instructions and requirements of this RFQ may not be given further evaluation. The City of Clearwater reserves the right to reject any or all proposals. All proposals shall be equally evaluated with respect to the completeness of the data provided, support for all claims made, and the overall approach taken. The following criteria shall be utilized in the evaluation of the Proposer's proposal: o adequacy of the proposed overall proposal and the ability of the Proposer to provide lobbying services to the City of Clearwater; o feasibility, reliability, and sufficiency of the proposed approach, and experience of proposed staff; o basis of cost: o ability to perform the services required; o demonstration of ability to comply and maintain compliance with all terms of the RFQ; o past experience and applicability of experience to proposal; and o reports from references. F J!ROPOSAL The City of Clearwater reserves the right to reject any or all responses and to waive any irregularity, variance or informality whether technical or substantial in nature, in keeping with the best interests of the City. -4- r -; f U •f? •f _ t. `, r, ^ff? ' QUALHICATIONS SUBMAUTAL TO PROVIDE . LOBBYING SERVICES TO THE C ff OF CLEARWATER 1 PROPOSAL FROM PENNINGTON, CULPEPPER, MOORE, WILKINSON, DUNBAR & DUNLAP, P.A. Post Office Box 10095 (32302) 215 South Monroe Street, 2nd Floor Tallahassee, Florida 32301 (904) 222-3533 (904) 222-2126 (facsimile) e-mail address: phlaw@supernet.ret I 1 4 CSLEALNY HISTORY, PAST EXPERIENC A n-A,PPLICABILITY OF EXPERIENCE Pennington, Culpepper, Moore, Wilkinson, Dunbar & Dunlap, P.A. (the "Firm") 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 SOU 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 Firm expanded its complex litigation 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 Firm 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 property; tax, estate planning, probate; bankruptcy 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 Firm 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 bands-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. The Firm's ability to develop and implement successful strategies is incorporated with an extensive program of continuing 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; 2 i C I M r • Administrative branch representation, and • Issue analysis. The Firm's professionals have many years of expertise in developing and implementing successful government 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 Association, 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 "team approach" under which partners, associates, law clerks and staff coordinate to deliver quality. legal representation in a cost-efficient manner. 3 i4 .. 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 EFFECTIVE 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: * Governor and Cabinet; * The Florida Legislature; * The Florida Executive Branch Agencies; and * 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. Creditability and Professionalimc, The Firm has been a leading law firm in Tallahassee for over 24 years. Since the mid-70's, the Firm bas 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. st?jlim 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). 4 • &Iationshins. Over the years, through public service and private practice, the Firm has developed a 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 organizations 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. 1 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 legislation 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. Strategic Pan. 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. Z) FAMILIARITY WITH STATE AGENCIES AND A RECORD OF Ak 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 Protection, 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 3) THE CAPABILITY TO REVIEW PENDING OR PROPOSED REGULATIONS AND LASVS AT THE STATE AND FEDERAL LEVEL TO IDENTIFY THE IMPACTS 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 E 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 ABILITY TO IDENTIFY OPPORTUNITIES FOR THE CITY 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 prime 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 INTERES'T'S. 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 opportunities 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 Firm will represent the City of CIearwater's interest before the Legislature and state agencies, emphasizing priority issues as established in the City's 1997 legislative program. 6 THE R FIRMPS PL ANDLEVININra AN APPROAC T ITT E TY F L ARWATER t i B 11N FF RT As a first step, the Firm's representatives will meet with City representatives to establish appropriate contacts, lines of communications and specific areas of legislative 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 for items of specific interest to the City. A close and coordinated working relationship 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 bills impacting the City. The Firm uses the Florida 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 actions. 7 In addition, the Firm will assist the City as needed in scheduling meetings for City Commissioners and staff with legislators, staff, agency representatives, 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 departments 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 benef'itting 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 Firm 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, real 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 before joining the Office of the Governor in 1988 as Geperal 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 2. Scott Maddox is a current Tallahassee Mayor Pro Tem 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 Tallahassee City Commissioner, Tallahassee's Mayor and as Mayor Pro Tem, he is involved daily with local government issues ranging 3. Bruce Culpepper is a former Commissioner of the City of Tallahassee 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. 5. Martha Edenfield began practicing administrative law in 1984 and has had a lobbying 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 Swafford 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 Banking and Insurance Committee for the last two legislative terms. Prior to his work in the Senate, he served as Assistant Treasurer and Insurance Commissioner (Chief of Staff) for Florida. Basis for Computing, Fees andsharaes 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. 9 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 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 $125.00 an hour to $200.00 an hour. The billing structure, during the busy legislative and campaign months of October through Apnl 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 $25,000.00. Expenses will be separately billed on an itemized basis and reimbursed on an actual cost incurred based on appropriate governmental schedules. .RREEERENCES A- - West 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 Tallahassee, Florida 32301 Contact: Ms. Jill Butler 904/942-1181 3: Florida Power & Light 215 S. Monroe Street Suite 810 Tallahassee, Florida 32301 Contact: Mr, Paul W. Hamilton 904/224-7517 I ' I'. 4. The Nature Conservancy 625 North Adams Street Tallahassee, Florida 32301 Contact: Ms. Debbie 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 813/5304539 s EQrmer Clients-, 1. Florida Cable Telecommunications Association, Inc. 310 North Monroe Street Tallahassee, FL 32301 Contact: Mr. Steve Wilkerson 904/681-1990 2. Palm Beach County Attorney's Office Board of County Commissioners Post Office Box 1989 West Palm Beach, Florida 33402-1989 Contact: Ms. Denise Dytrych 407/355-2225 12 0 . .. ACIKNQWLEDGEMENT Proposer, Pennington, Culpepper, Moore, Wilkinson, Dunbar & Dunlap, P.A., has read and concurs with the requirements listed in the Request for Oualifications. Respectfully submitted, PENNINGTON, CULPEPPER, MOORE, WILKINSON, DUNBAR & DUNLAP, P.A. Peter M: Dunbar Martha J. Ede field r 13 PENNINGTON, CULPEPPER, MOORE, WILKINSON, DUNBA.R &. DUNLAP, P.A. ATToRNEYs AT LAW .r18AR4 D. AUGER WILLIAM W. BLUE D ANOREw BYRNEI BRALf D. E. CANTER ROBERT CINTRON. JR. ROBERT S. COHEN CIUALES L COOPER; JR. BRUCE CULIVVER PETER M DUNBAR DAYISSON F. DUN". JR. MAMA J. ECENFIE1D DOUGLAS S. LYONS EDGAR M. MOORE E. "RAY MOORE. JA JOHN C. PELHAM CARL R. PENNINGTON. JR.. P.A. C. EOWTN ROUE, JR DARKEN A. SCHNARTZ CYNTHIA S TUNNICLIFF WILLIAM L WHITNEY BEN H. WILKINSON CATHI C. WILKINSON T Also Admitted in Temenee OF r_QUNIFI R. SliJAR7 HUFF, PA. CH MSTOPHER W. INNAGA (A&-Wd R kpom_*M it a Caa.ar OoW) SCOTT MADDOX WILLIAM YANDETICREEK IAm.erd a Tom a I004 0") RANDY MILLER' DAVID L, SAUFFORD' 'Nal A Mwoer Of The Flonda Biv 4T8 SOUTH AIONROS ITRSST !ND FLOOR TALLAHASSIK, FLORIDA 32301 I+o4) !!113837 FAX (80?? !1!•!i!8 S•MNI P\Lewefs"relelAwt loo! WSST 13RD STRSKT, SUITS 380 PANAMA CITY, FLORIDA 32408 ("41780-7494 REPLY TOL P.G. Box 10096 TALLAHASSEE, FL 92302-2093 PROPOSED AGREEMENT TO FURNISH LOBBYING SERVICES TO THE CITY OF CLEARWATER July 31, 1996 Mr. George McKibben, Manager City of Clearwater Purchasing City of Clearwater Post Office Box 4748 Clearwater, Florida 34618-4748 Re: 1997 Legislative Representation Dear Mr. McKibben: This will confirm the engagement of the Pennington, Culpepper, Moore, Wilkinson, Dunbar & Dunlap, P.A., ("the 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. 1. SCOPE OF WORK 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. 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 to , identify and monitor the activities of any opposition point-of-view in legislative encounter. Mr. George McKibben, Manager July 31, 1996 Page 3 11. COSTS ANp 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 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 $125.00 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. 6,?trr._. L, RiLu? Peter M. Dunbar PMD/tmz Date George McKibben, Manager City of Clearwater DESCRIPTION OF THE FIRM The firm, based in Tallahassee, Florida, is engaged broad-based, business and govemment-oriented practice. Originaly founded in 1974, the emphasis of the firm's-pra,, tice in the early years was business, corporate, and real propert. and those areas remain an integral part of the practice. The in expanded its complex litigation practice in the mid-seventie Growth in the litigation practice has continued and, over ft- the practice has expanded to include banking, tax, bankruptc administrative, and government law. Today, the firm provides i, clients legal expertise and extensive experience in the areas c litigation; legislative and governmental affairs,. business and cc porate, land use, environmental, local government, and admini trative law; banking; real property; tax, estate planning •ar probate; bankruptcy and creditor's rights; health care; sports an entertainment lobbying; and public utilities law. . The firm enjoys an excellent reputation among its peers the legal community, as exemplified by its "AV" rating in try national Martindale-Hubbell Legal Directory. The firm is committed to excellence. In addition to meetir, Florida Bar continuing education requirements, many of the firm' attorneys have authored books and educational materials an lectured for legal organizations and Ether professional group including accountants, bankers, architects, and businessmer The varied topics have included taxation, probate, litigatio lender liability, federal procedure, environmental law, telecor. munications law, construction litigation, insurance law, heal care law, administrative law, and governmental affairs, 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 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 serving its clients and community. In addition to providing quality legal service to its clients, the firm's attorneys are active in 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 Attomeys, Legal Aid Foundation, Tallahassee Economic Development Commission, Goodwiii Industries of the Big Bend, LeMoyne Art Foundation, Tallahassee Civic Ballet, Tallahassee Regional Estate Planning Council, and Friends of the Leon County Library, 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 which partners, associates, law clerks, and staff coordinate to deliver quality legal representation in a cost-effi- cient manner. TffH[IE ORACTICE i The varied backgrounds and experience of the firm's attor- neys allow the firm to offer legal and lobbying services in a num. ber of areas, including: • LITIGATION • GOVERNMENTAL. AFFAIRS • CONSTRUCTION LAW • BUSINESS AND CORPORATE LAW • LAND USE, ENVIRONMENTAL, AND LOCAL GOVERNMENT LAW • ADMINISTRATIVE AND PUBLIC UTILITIES LAW • INSURANCE LAW • BANKING AND SECURITIES LAW • REAL. PROPERTY LAW • TAXATION • ESTATE PLANNING AND PROBATE LAW • BANKRUPTCY LAW AND CREDITOR'S RIGHTS . • HEALTH CARE LAW • EMPLOYMENT LAW i? r.l z air... - f ' 1M? ?i?lvl..... a yam- ... w... r ... •...-.r ._«_ ... ?.. a _.. .. r.... ..... ..? .... _, r .. .. .. ..... } LITIGATION f' f .• r s? .. -r The litigation group has experience in virtually every type os general litigation, with particular expertise in construction law, complex business, and insurance litigation. The firm's litigation attorneys have practiced at all levels, and in all districts, of the state court system of the State of Florida and in federal courts throughout the United States, including the United States Ta.,- Court. The firm has represented clients in litigation involving: • Employment and Labor Relations • Complex Contract and Construction Disputes • Complex Insurance Litigation • Constitutional Law • Product Liability • Insurance Defense • Creditor's Rights and Bankruptcy + Eminent Domain • Health Care • Professional Malpractice + Real Property Rights • RICC) and Business Fraud + Tax • Telecommunications GOVERNMENTAL The members of this practice group have extensive experi- ' AFFAI RS ence in lobbying and govemmental affairs, much of it gained through public service as elected officials, This practice area includes legislative representation of a vvrde variety of Fortune 500 corporations, business and professional associations, and governmental entities. In addition to lobbying services this prat tice area also includes representation during rule promulgation, resulting from legislative action, and ongoing consulting services. The governmental affairs specialists have extensive experience ir. representing entities before the: * Governor and Cabinet • Florida Legislature O Florida Executive Branch Agencies • Local Governments CONSTRUCTION The firm's involvement with construction litigation date LAW back to the early 70's and has steadily expanded through the years. The firm'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 Conskrtion Litigadon in Florida and its 1991 revision of Florida Costxtiorn Law and Practice. The firm regularly represents commercial contractors, developers, finan- cial institutions, and surety companies. BUSINESS AND 4 CORPORATE LAW a The firm maintains a divergent general business practice, serving as general counsel or local counsel for numerous local, state, regional, and national companies involved in a variety of commercial activities. This practice area includes the organiza- 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 o Mergers and Reorganizations • Partnerships Securities • Telecommunication Services I '. I? LAND USE, ENVIRONMENTAL, AND ]LOCAL GOVERNMENT LAW The members of this practice group have over forty years of combined experience in land use, environmental, and local gov- emment law. In light of increased govemmental 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 Laves • Counsel, Negotiation, and Drafting of Development Agreements e Complex Development Permitting, including Developments of Regional Impact (DR!) • Eminent Domain-and Inverse Condemnation Activities • Growth Management and Other Land Use Issues • Hazardous Waste and Petroleum Contamination Clean-Up • InWgovemmental Agreements • Negotiation, Litigation, and Administrative Proceedings as to ErMronmeral Permitting and Enforcement Actions • Submerged Land Leases and Easements e Water Law Issues, including Consumptive Water Use ADMINISTRATIVE The firm has represented clients in proceedings involving AND PUBLIC state administrative agencies under Florida's Administrative. . UTILITIES LANNI 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 oxperi- 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 • Department of Environmental Regulation • Public Service Commission • Department of Transportation • Department of Management 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 Internal Improvement Fund • Water Management Districts The firm represents clients before the Florida Department of INSURANCE LAW Insurance (DOI) in matters ranging from the formation and acqui- sition of insurance companies to company and agency regula- tion. This practice includes negotiations before ft DOI, defense of administrative and civil actions, as well as state and federal actions involving the DOI, trade associations, and other insur- ance companies or related agencies. BANKING The firm represents numerous banks and other financial AND SECURITIES institutions throughout the southeastern United States. This prac- LA W 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). Representation of financial institutions includes the areas of.. • Bankruptcy • Commercial Loan Documentation and Closings • Commercial Litigation and Foreclosures • Corporate Finance • Holding Company Formations • Lender lability Advice and Defense Loan Reconstructing • Mergers and Acquisitions R • Workouts • Securities • Judgments, Collections, and Executions REAL PROPERTY The firm's real estate practice group provides a full range of services, from residential closings to major.land 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 extensW Statewide Mortgage Foreclosure Practice Subdivision and Office Park Development Drafting of Residential and Commercial, Condominium Documents • Like-lend Exchanges TAXATION The tax department provides a variety of services for corpo- rations, partnerships, and individuals, including legal counseling on business and transadon structuring and income tax planning. Two of the firm's attorneys have earned their Masters of Law in Taxation. The firm provides tax-related services in: • IndividUal Tax Planning v Mergers and Acquisitions Real Estate Transactions * State Tax Matters • Fwmbon of Corporations, Partnerships, and Business Ventures -ESTATE PLANNING AND PROBATE 1LAl'V 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 Dills and Trusts • Estate Taxation • Guardianships • Planning for Lifetime and Testamentary Transfers • Probate and Probate litigation BANKRUPTCY LAW AND CREDITOWS RIGHTS., Since 1974, when 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 Nordwn, Middle, and Southern Federal District Courts of the State of Florida. 5 HEALTH 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 400 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 O Health Care Entity Licensure and Regulation Health Maintenance Organization Licensure and Regulation O Medical Malpractice Litigation • Reimbursement and Third-Party Payor Matters • Certificate of Need Litigation e Acquisitions, Mergers, and Sales of Long Term Care Facilities Acquisitions, Mergers, and Sales of Health Maintenance Organizations • Prepaid limited Health Service Organization Licensure and Regulation e Community Health Purchasing Alliances e Small Group Health Care Reform EMPLOYMENT LAW 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: * Civil Rights Act of 1964 (Title VII), as amended * Florida Human Rights Act o Age Discrimination in Employrmt Act * Americans with Disabilitites Acct of 1990 * Civil Rights Act of 1991 * Family and Medical Leave Act o Other laws and regulations affecting the employer/employee relationship a Carl R. CARL PENNINGTON, JX, born Tallahassee, Florida, February 24, 1931: admitted Pennington, Jr, to bar. 1955, Florida and U.S. Supreme Court; U.S. District Court, Northern District of Florida; U.S. Calms Court; U.S. Tax Court; U.S. Court of Appeals, Fifth District; Civil and Commercial U.S. Court of Appeals, Eleventh District; Education: University of Florida (B.A.. Litigation, Business 1952; J.D., 1967, replaced LL.B. conferred, 1954). Phi Alpha Delta (President, 1954). and Corporate Law Member. Tallahassee Bar (President, 1966-1967); The Florida Bar (Member. Board of Governors, 1968-1972; Chairman, Bar Center Commission, 1980.1986; Florida Bar Delegate, 11th Circuit Judicial Conference, 1984-1986); First District Court of Appeals Judicial Nominating Comm ission,1986-1990; Florida Supreme Court Judicial Nominating Commission, 1991- ; American Judicature Society; Academy of Florida Trial Lawyers; The Association of Trial Lawyers of America. Fellow, American College of Trial Lawyers; Fellow, American Bar Foundation. Ben H. Wilkinson BEN H. WILKINSON. born Lawton, Oklahoma, October 22, 1943; admitted to bar, 1970. Florida and U.S. Supreme Court~ U.S. Covet of Appeals, Fifth Circuit and Banking, Business Eleventh Circuit; U.S. District Court, Northern District of Florida. Education: and Corporate Law, University of Florida (B.S.-B.A.. 1965); Florida State University (J.D., magna cum Commercial and Civil laude, 1970). Phi Delta Phi; Gold Key. Lecturer. "Lender Liability," various banking Litigation topics at Community 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, 1972-1973; Member, Dowd 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 BRUCE CULPEPPER, born Leesburg, Florida, December 1. 1941; admitted to bar, 1967, Florida and U.S. District Court, Northem District of Florida; U.S. Supreme Real Estate Law, Court. Education: University of Florida (B.A., 196% J.D., 1966). Phi Delta Phi; Commercial Florida Blue Key; Phi Alpha Theta. President, University of Florida Student Body, Transactions, 1965-1966. Secretary, Florida Economic Council. 1977-1981. Chairman, Florida Administrative Law, Medical Malpractice Advisory Council. 1982-1985. Tallahassee City Commissioner, Governmemal Law, 1986-1987. Member, Tallalrasseell eon County Planting Commission, 1987-1988. Banking Law, Chairman, Tallahassee Chamber of Commerce, 1986-1987. Member. The Florida Insurance Law Bar (Member, Board of Governors, Young Lawyers Section, 1969; Chairman, Banking Committee, Corporate and Business Section, 1975-1977); American Bar Association Edgar M. Moore EDGAR M. MOOR.E, bom Tallahassee, Florida, November 8, 190, admitted to bar, 1964, Florida. Education: University of Florida and Florida State University (B.S. Banking, Health Care, 1951); University of Florida (LL.B., with honors, 1964). Phi Delta Phi, Phi Kappa Business and Real Phi; Order of the Colt, Florida Blue Key. Executive Editor, University of Florida F.%We Law review, 1963-1964. Member, State Moot Court Champion Team and National Finalist.. Member, 1st District Court of Appeals Judicial Nominating Commission (Chairman), 1973-78. Member. Tallahassee and American Bar Associations; The Florida Bar. Member, Board of Directors. Florida State Bank of Tallahassee, 1974- 1984; Member, Board of Directors (Chairman 1988-1990),77m Deltona Corporation (NYSE), 1985 to 1991; Member and Vice-Chairman of Board of Directors, Andrew Jackson Savings Bank. 1984-1994, CEO, Andrew Jackson Savings Bank, 1989-1994; Vice-Chairman, SunBankJTallahassee, N. A., 1994-1995; Chairman/CEO. First South Bank, 1994 to present; Memberof Board of Directors, Tallahassee Memorial Regional Medical Center, 1988 to-present (Chairman of Board of TMRMC, 1993-1995). Davisson F. Dunlop, DAVISSON F. DUNLAP, JR., born Jacksonville, Florida, January 25.1943; admitted Jr. to bar, 1971, Florida. Education: Presbyterian College (B.A., 1966); University of Florida (J.D., 1971). Phi Delta Phi. Author. "Florida Construction Law and Practice," Construction, Florida Bar, Chapter on Damages, 1991; "Professional Liabllity of Lawyers," Florida Commercial and Bar, Chapter on Damages, 1989; "Construction Litigation in Florida," Florida Bar, Civil Litigation Chapter on Damages, 1983; contributing writer, The Builder News. Lecturer: Architects and Engineers Professional Liability - Nature and Extent of Damages in Construction Cases Seminar, The Florida Bar. Member: Tallahassee and American Bar Association; The Florida Bar (Member. Continuing Legal Education Committee 1978-1983; Vice Chairman 1983-1987); Academy of Florida Trial Lawyers; Clients' Security Fund Committee; Tallahassee Inns of Court. Peter M. Dunbar PETER M. DUNBAR, born New Haven, Connecticut, January 10, 1947; admitted to bar. 1972, Florida; U.S. Supreme Court, Education: Florida State University (B.A., Governmental 1969, J.D., with honors. 1972). Omicron Delta Kappa; Phi Delta Pitt; Gold Key. Relations, Author: Books, Condominium Association Practice and Procedure in Florida, 1987; Adminissadve The Condominium Concept, Fourth Edition, 1992; The Homeowners Association Law, Public Utilities Manual, Second Edition 1991; The Law of Florida Homeowners' Association, 1992; Regulation, Mobile all published by Suncoast Professional Publishing Corporation. Lecturer, University Nome and of Miami College of Law Condominium and Cluster Housing Institute, 1987-1988. Condominium Law Instructor, Condominiums and Condominium Living, St. Petersburg Community College. 1978-1980. Executive Assistant to Florida House Minority Leader, 1967- 1972. Pasco County Attorney, 1973-1975. Member and Chairman, Pasco County Charter Commission, 1974-1975. Member. Florida House of Representatives, 1978- 1988; Chairman, Pinellas County Legislative Delegation, 1982-1983. Member, 1986- 1991 and C hairuman, 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 Government; Real Property, Probate and Trust Section) National Association of Regulatory and Utilities Commission [With Florida National Guard. 1968-1972] Crrthl C. Wr7klnson CATHI 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. Estate Planning. Supreme Court; U. S. Court of Appeals, Eleventh Circuit. Education: Eckerd College Banking and Securities, (B.A.,1976); Stetson University (J.D.. cum laude, 1979). Recipient: Miller Leadership Appellate Practice Award. Member: Stetson University Law Review, 1978-1979. Dana Scholar. Author: "Financial Institution Liablllty Under Money Laundering Laws." 1990; "Corporate Mating Minutes," 1988. Community Bankers of Florida Newsletter. Lecturer. "irlorida Law Update," 1991-91, "Florida Law of Homestead," 1990; "Probate Litigation Update," 1989. Tallahassee Regional Estate Planning Council; 1992, "Wills and Probate," Florida Bar Bridge-The-Gap Seminar; "AdminiM ion of the Estate in 2 Florida," 1990 National Business Institute. Recipient: Florida Bar Pro Bono Service Award for 2nd Judicial Circuit. 1986. Member. Tallahassee Bar Association; The Florida Bar, Tallahassee Regional Estate Planning Council; Federal Bar Association, (Treasurer, 1991-92). D. Andrew Byrne D. ANDREW BYRNE, born Memphis, Tennessee, June 11, 1961; admitted to bar, 1985 Tennessee; 1991, Florida. Education: University of Tennessee; Memphis State Employment Law, University (B.B.A, magna cum laude, 1982); Vanderbilt University (J.D., 1985); LaborXivll Rights National Institute for Trial Advocacy 1987. Beta Gamma Sigma; Phi Delta Phi. and Complex Member, Moot Court Board. Co-Author. 'Tennessee Workers' Compensation: Where Commercial L&igarlon is the Proper Venue?" 20-2 Mem. St. U.L. Rev. 159, 1990. Presented at the American Productivity and Quality Center 1992 Symposium "Legal and Ethical Issues in Benchmarking " Presented at the 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 Council 1992 meeting "Efficiency in Market for Legal Services." Presented at the Florida Association of Property Appraisers, Inc., 1995 Pre-Legislative Conference, "Sexual Harassment in the Workplace"; Presented at the Community Bankers of Florida 1945 Annual Convention, "Sex Discrimination, Race Discrimination, Age Discrimination, ADA, What is an Employer to Do?" Member. Tallahassee, Tennessee and American Bar Associations; Tallahassee and Florida Bar Associations; The Academy of Florida Trial Lawyers; Tennessee Trial Lawyers Association; The Association of Trial Lawyers of America. Council member, United States Small Business Administration Regional Advisory Council, District IV. Brain D. E. Canter BRAM D. E. CANTER, born Louisville, Kentucky, July 25, 1951; admitted to bar, 1978, Florida; U.S. District, Northern District of Florida; U.S. Court of Appeals. Fifth Environmental Law, and Eleventh CircWts. Education: University of South Florida (B.A., magna cum Water Law. laude, 1974); University of Florida (J.D., 1977); George Washington University Administrative Law, (I.L.M., summa cum laude, 1982). Co-Author. "Florida Water Law 1980." Governmental Law, and University of Florida Press, 198% "Water Law and Policy," Florida Water Atlas. Public Utilities 1984; Editor of "Florida Rulemaking" by S. Niego (1993); "Stormwater Runoff Regulation Control: A Model Ordinance for Meeting Local Water Quality Management Needs," Natural Resources Journal, 1980; "Legal Aspects of Recreational Marina Siting in Florida." Florida Sea Grant Program Report No. 36, University of Florida, 1980, "P"rotecting Coastal Waters," Florida Sea Grant Program Technical Paper No. 14. University of Florida, 1979; with James R. BrindelL, "'The 1984 Wetlands Act: A Course Change or Correction?" Florida Environmental and Urban Issues, October, 1984; with James R. Brindell, "How the Wetland Act Keeps a Controversy Bubbling," Florida Trend, 1984; "Hazardous Waste Disposal and the New State Siting Ads," Natural Resources Lawyer, 1982; "Safe Hazardous Waste Disposal: Sunk, But Where?." Florida Bar Journal, 1981; "Legal Aspects of Recreational Marina Operation in Florida," Florida Sea Grans Program Report No. 46, University of Florida, 1981; "Legal Problems of Stormwater Pollution Abatement," Legal, Institutional and Social Aspects of Irrigation. Drainage, and Water Resources Planning and Management, A.S.C.E. National Conferaxx Proceedings, 1978; "Surface Water Management Permitting," "1993 Environmental Permitting & Growth Management Handbook." Member, Technical Advisory Committee of the Charlotte Harbor Resource Management Task Force, 1978-1979. Member. The Florida Bar (Member, Environmental and Land Use Law Section); Board of Directors and Treasurer, Florida Defenders of the Environment. 3 Robert Cintron, Jr. 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 Commercial, PJC0, Appeals, Eleventh Circuit. Education: Florida State University (B.S., cum laude, Insurance, Business, 1976; J.D., with honors, 1980). Member; Tallahamce Bar Association; The Florida Health Care Litigation 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 ROBERT S. COHEN, tom Orlando, Florida, February 19, 1957, admitted to bar, 1982, Florida; U.S. District Court, Middle and Nonhem Districts of Florida; U.S. Administrative Law, Court of Appeals, Eleventh Circuit. Education: Brandeis University (B.A., cum Governmental Law, laude, 1979); Florida State University (J.D., 1981). Phi Delta Phi (Magister, 1981). Health Cars Law, Member, Florida State University Law Review, 1980-1981. Author. Florida Insurance Law, Law Administrative Practice. Chapter. "Regulatory Agencies," Third and Fourth Editions, Office A&Wnistradon The Florida Bar, 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: Tallahnassce 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); Florida Association of Hospital Attorneys; National Health Lawyers Association. Charles 1.. Cooper, Jr. CHARLES L. COOPER, JR., born Nashville, Tennessee, April 12,1961; admitted to bar, 1988, Florida; 1989, U.S. Tax Court; 1990, U.S. District Court, Middle District Bang, Business of Florida; 1991. U.S. District Court, Northern District of Florida. Education: Florida and Corporate State University (B.S., 1985; J.D., with honors, 1988); University of Florida (I.I..M., Law, Federal and 1989). Member. Tallahassee and American Bar Associations; The Florida Bar State Taxation (Member. Tax Section and Health Care Section); The Florida Bar, Board certified tax lawyer. Martha J. Edeniield MARTHA J. EDENFIELD, bom Orlando, Florida. August 29.1960; admitted to bar. 1984, Florida; 1986, United States District Court Middle District of Florida, Governmental Education: Florida State University (B.S, 1981; J.D. 1984) Phi Delta Phil. Appointed Relations, by Governor Lawton Chiles to the Governor's Administrative Procedure Act Review Administrative Law, Commission, 1995-1996. Member. Tallahassee and American (Member, Sections on: Environmental Law 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). Tstl Massee 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: Chair, Keep Tallahassee Leon County Beautiful. 1994-1996; Member, Board of Directors, American Heart Association, Lean County Affiliate, 1994-1996; Member, Junior League of Tallahassee, 1991-Present; Alumnus, Leadership Tallahassee. 4 Douglas S. Lyons DOUGLAS S. LYONS, born Titusville, Pennsylvania. September 25, 1944; admitted to bar, 1970. U.S. Supreme Court, U.S. District Court, Middle and Southern Districts Civil Lidgarion, of Florida, U.S. Court of Appeals, Fifth and Eleventh Circuits. Education: Duke Individual and Class University (A.B., 1967); Florida State University (J.D., 1974). Phi Delta Phi. Action Litigation Chairman, Dade County College for State Judiciary, 1978-1979, Vice Chairman, (Claims on Fraud) 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 Directors, 1973-1976; President, 1976- 1977) and The Florida Bar (Member. Young Lawyers Section, Board of Governors, 1977-1979; Secretary, 1980-1981; Grievance Committee, 1977-1979; Chairman, 1980- 1981); Dade County Trial Lawyers Association (Board of Directors),, Dade County Defense Bar Association; Academy of Florida Trial Lawyers; American Board of Trial Advocates. Joan C. Pelham, Jr. JOHN C. PELHAM. JR., born Dothan, Alabama, April 18. 1950; admitted to bar, 1983, Florida; U.S. District Court, Northern District of Florida. Education: Troy State Administrative and University (B.A., magna cum laude, 1972; M.S.,1976); Florida State University (J.D., Local Government Law, 1982). Assistant County Attorney, Leon County, 1985-1990. Member: Tallahassee Bar Zoning and Envlron- Association, The Florida Bar (Member: Local Government Law, Land Use and mental Law Environmental Law, and Real Property, Probate and Trust Law sections). Eminent Domain C. Edwin Rude, Jr. 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 Bankruptcy, Surety, District of Florida; U.S. District Court, Middle District of Florida. Education: Civil, and Commercial Davidson College (A.B., 1965); Florida State University (J.D., 1972). Omicron Delta Litigation Kappa; Phi Delta Phi (Magister, 1972); Gold Key. Law cleric to Honorable D. L. Middlebroolcs, U.S. District Judge, 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 UCC 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 Certification; Academy of Florida 'T'rial Lawyers. [Colonel USAR, active duty, 1965-19691. Author; "Bankruptcy: Support and Maintenance and Competidon with Property Settlements" The Florida Bar Journal, January, 1982; Lecturer, ,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 "Bankmptcy Reorganization and Liquidation - A Case Study". 1986; Contributing Author and Lecturer: The Florida Bar "Bankruptcy Practice and Procedure for the Non-Speciallst",1988; "Bankruptcy Practice and Procedure", 1991. Basic Bankruptcy in Florida, National Business Institute, Inc., 1991 and 1993. S M Cynthia S. Tunnictiff CYNTHIA S. TUNNICLIFF, born St, Petersburg, Florida, April 1, 1946; admitted 0 bar, 1971, Florida; U.S. District Court, Northern District of Florida; Education: Administrative Law, Florida State University (B.S. 1967; J.D., with honors, 1971). Member; Tallahassee Governmental Law, Bar; The Florida Bar (Member, Judicial Administration, Selection & Tenure State and Local Committee; Administrative Law Section; Tax Section); American Bar Association Taxation, Health (Member. Administrative Law Section); Second Judicial Circuit Nominating Care Law Commission, 1980-1982; First District Court of Appeal Nominating Commission, 1990-; Second Judicial Circuit Grievance Committee, 1980-1984 & 1993-; Author, "Judicial Review" Chapter, Florida Administrative Practice. William E. Whitney WILLIAM E. WHITNEY, born Bryn Mawr, Pennsylvania, February 15, 1952; admitted to bar, 1977, Florida; U.S. District Court, Southem District of Florida (Trial Negligence Defense Bar); U.S. Court of Appeals, Fifth Circuit; U.S. District Court, Middle District of Law. Health Care Law Florida. Education: Bucknell University (B.A., cum laude, 1974); Duke University P.D., 1977). Omicron Delta Kappa; Phi Alpha Theta. Member. Dade County and American Bar Associations; The Florida Bar (Member, "Trial Lawyers and Health Law Sections); Florida Association of Hospital Attorneys; American Academy of Hospital Attorneys; National Health Lawyer Association. Barbara D. Auger BARBARA D. AUGER, bom Glenridge, New Jersey, November 10, 1967; admitted to bar, 1992, Florida; Education: Rollins College (B.A., 1989). Recipient: Algernon Marital and Family Sydney Sullivan Scholar Award; Member. Omicron Delta Kappa; Florida State Law, Civil University (J.D., with honors, 1991). Recipient: The Order of Barristers; Member and Commercial Moot Court Team (President 1991); Participant: 1991 Starr National Insurance Law Litigation Competition (National Champion, Best Brief Award). Member. The Florida Bar (Member, Family Law Section, Trial Lawyers Section), Tallahassee Bar Association, Tallahassee American Inns of Court. William W. Blue WILLIAM W. BLUE, born Fort Lauderdale, Florida, March 27, 1964; admitted to bar, 1989, Florida; 1990, U.S. District Court, Middle District of Florida; 1991, U.S. Commercial Litigation, District Court, Northern District of Florida. Education: Florida State University (B.S., RICO, Insurance 1986); Cumberland School of Law, Samford University (J.D„ 1989). Member, The Litigation, Workers' American Journal of Trial Advocacy, 1987-1989 (Vol. 12 Research and Writing Compensation Premium Editor, 1988-1989). Member, Henry Upsom Sims Moot Court Board, 1988-1989; Fraud, Class Actions, Author Note, "State v. Williquette: Protecting Children From Abuse Through the Antitrust 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. E. MURRAY MOORE, JR., bom Tallahassee, Florida, July 27,1965; admitted to bar, 1990, Florida; 1992, U.S. District Court, Northern and Middle Districts of Florida. Real Estate, Education: Vanderbilt University (B.A. 1987); Florida State University (J.D., with Business, Banking, honors, 1989). Member. Tallahassee Bar Association; the Florlda Bar. and Corporate F-1 V .Uorren A. Schwartz DARREN A. SCHWARTZ, born Trenton, New Jersey, February 5,1965; admitted to bar, 1990, Florida; Addmitted to U.S. Supreme Court; U.S. District Courts of Employment Law do Florida, Northern. Middle, and Southern Districts; U.S. Claims Court; U.S. Court of Civil Rights 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 F. Clark HERBERT FORRE.ST'ER CLARK, born Orange, New Jersey, December 13, 1943; admitted to the New York Bar Association and New Jersey Bar Association in 1975. Insurance and admitted to the Wisconsin Bar Association In 1976 (not admitted in Florida), Regulatory Education: University of Minnesota (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. CHRISTOPHER W. KANAGA, bom Bronxville, New York, April 6,1953; admitted Kanrap 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, Banking and Securities 1980). Member. Finance Committee. Town of Orleans, 1085-1990, Vice Chairman, Law, Federal Taxation 1986-1987, Chairman, 1988-1990. Member: Colorado, Massachusetts and American Bar Associations. (Also Member Laraja, Kanaga & Bott, P.C:., Massachusetts). Scott Maddox SCOTT MADDOX, bom Hialeah, Florida, March 13, 1968; admitted to bar, 1995, Florida; Education: Florida State University (B.S., 1989; J.D..1994); Member, F S,U. Corporate. and College of Law Moot Court Team; Civic: President, Capital City Jaycees 1989, Legislative Matters Named top Jaycee Local President in the Nation, 1989; Youngest Delegate, 1988 Democratic National Convention, Elected as the youngest Tallahassee Cary Commissioner in history, February, 1993; Elected Mayor of Tallahassee. March. 1995; Listed in Outstanding Young Men in America 1990; Florida Trend; People to Watch, April 1995. William VanderCreek WILLIAM VANDERC REEK, born Council Bluffs, Iowa. January 6,1930; admitted to bar, 1955, Iowa; 1963, Texas; U. S. District Court, Northern District of Texas; U.S. Complex Federal Court of Appeals, Third. Fifth, Sixth, Seventh, Eighth and Eleventh Circuits; U.S. Litigation, Supreme Court (Not Admitted in Florida). Education: Iowa State College (B.S., Bankruptcy, Antitrust 1952); University of Iowa. College of Law (J.D., 1955); Yale University (LL.M., 1959), Order of the Coif. Moot Court Advisor, 1968--. Article and Book Review Editor, Iowa Law Review, 1954-1955. All University Student Council, 1954-1955, Law Clerk to Judge M.D. VanOosterhout, U.S. Court of Appeals for ft Eighth Circuit, 1958-1959, Sterling Fellow. Yale Law School, 1958-1959. Author. "McDonald's Texas Civil Practice in District and County Courts; Supplement Editor, 7 1967 supplements volumes 14, 1968; "Florida Civil Practice before Trial," Fourth Edition. 1983 and "Florida Civil Practice before Trial supplement to Fourth Edition, 1989. The Florida Bar Continuing Legal Education, Co-Author: Vol. IA Moore's Federal Practice, 1961 Edition; Vol. IA Part 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, University of Texas, Summer, 1970. Professor of Law: Southern Methodist University 1959-1968; Florida State University College of law, 1968--. Course Director, Comparative Policy Studies, Liter 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 Choate & Lilly. A Professional Corporation, Dallas, Texas). SPECIAL CONSULTANTS Park R. "Randy" RANDY MR11M, bom Tallahassee, Florida, April 9,1947; Education: Florida State Miller* University (B.S. 1969); United States Army Officer 1969-71; served as Executive Director of the Florida Department of Revenue from 1979-88; served as President of Special Consultant the Southeast Association of Tax Administrators; served on the Board of Directors of on Legislative and the National Association of Tax Administrators; served as Chairman of the Sales Tax Tax Matters Study Commission; served as Co-Chairman 'of Telecommunications Task Force; served as a member and Chairman of the Investment Advisory Committee to the State Board of Administridon; 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 the Florida Bar. David L. Swafford* DAVID L. SWAFFORD, born Cleveland. Tennessee, January 20, 1938; Public Service Commission (1962-1993), Executive Director (1977-1993); Education: Public Udlities ` University of Tennessee (B.S., 1960). Member. National Association of Regulatory Regulation Utility Commissioners (Staff Subcommittee 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 Item #28 f f • item N 0 • Clearwater City Commission Heetrng Rate: 101]7/96 Agenda Cover Memorandum SUBJECT: Designation of certain library employees as code inspectors and enforcement officers for purpose of enforcing Pinellas County Ordinance No. 96-52 RECOMMNDATION/MOTXON: Adopt Resolution No. 96-63 designating certain library employees as code inspectors and enforcement officers for purposes of enforcing Pinellas County Ordinance No. 96-52 for the recovery of overdue library materials ® and that the appropriate officials be authorized to execute same. BACKGROUND: * Effective October 1, 1996, public libraries in the State of Florida are able to recover long overdue library materials through the State and County legal systems. * Pinellas County Ordinance No. 96-52 provides that failure to return library materials is a misdemeanor punishable by fine of $500 or imprisonment of up to sixty days. * The Pinellas County Sheriff's Department and State's Attorney's offices will prosecute the violators of this county ordinance. * Florida Statutes 162.21 and 162.22 require that a code enforcement officer be authorized to issue citations for the violation of ordinances. * Therefore, it is recommended that the City of Clearwater designate the Library Division Manager Technical Services and the Librarian III - Circulation Manager of the Clearwater Public Library System as code inspectors and enforcement officers for the sole purpose of issuing citations for violations of County Ordinance No. 96-52. Reviewed by: L Originating Dept: Costs: Commission Action: legal n 5 Library Total ? ' Approved Budget NSA Purchasing N/A O Approved w/conditions Risk 149mt. N/A H c User Dept: Current Fiscal Yr. ? Denied is !R_ ? continued to: ACM Funding Source: Other 13 capital imp. Advertised: ? operating Attachmenrt: (?1 Date: C] Other Clearwater Res.# 6-63 O 52 l C d #96 Paper: as o . - Pinel r 0 plot Required ? Background ee Submitted by: Affected Parties Appropriation Code: atone f t Q Notified Ha er ? Not Required 0 Printed on recycled paper A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, DESIGNATING CERTAIN LIBRARY EMPLOYEES AS CODE INSPECTORS AND ENFORCEMENT OFFICERS FOR PURPOSES OF ENFORCING PINELLAS COUNTY ORDINANCE NO. 96-52; PROVIDING AN EFFECTIVE DATE, WHEREAS, recent legislative amendments to the provisions of Florida Statutes Chapter 257 have allowed the release of previously confidential library records for the purpose of recovering overdue materials and have authorized local governments to provide by ordinance that failure to return public library materials by their due date is a non-criminal infraction; and WHEREAS, Pinellas County has enacted an ordinance of countywide applicability, Ordinance No. 96-52, which provides that certain actions relating to library materials are misdemeanors punishable by fine or imprisonment, and for purposes of enforcement of said Ordinance within the City of Clearwater it is necessary to designate certain library employees as code inspectors and enforcement officers pursuant to Florida Statutes Section 162.21; now, therefore, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section_ 1. The following agents or employees of the City of Clearwater are hereby designated as code inspectors and enforcement officers with authority to issue citations for violation of Pinellas County Ordinance No. 96-52 and to enforce said Ordinance: Persons holding the positions of Librarian III-- Circulation Manager and Library Division Manager Technical Services. Section 2, This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this day of , 199fi. Rita Garvey, Mayor-Commissioner Approved as to form and legal sufficiency: l A tit 'C.c ' i??tJ? sir C<< Leslie Dougall-"d s, Asst. City Atty. Attest: Cynthia E. Goudeau, City Cleric Resolution No. 96,63 .' 41 ORDINANCE NO, 96- 52 AN ORDINANCE OF THE COUNTY OF PINELLAS, PROVIDING THAT THE PINELLAS COUNTY CODE BE AMENDED BY ADDING A SECTION TO BE NUMBERED CHAPTER 78 ARTICLE II; MAKING IT UNLAWFUL TO 4-oUL TO RETURN BOOKS OR OTHER LIBRARY MATERIALS FROM %NY PUBLIC LIBRARY WITTEN PINELLAS COUNTY; MAKING IT UNLA`JUL TO FAIL TO REPORT LOST LIBRARY MATERIALS AND REIMBURSEE'OR SAME; MAKING IT UNLAWFUL TO FURNISH A FALSE NAltiiED, OR ADDRESS OR USE A FALSE LIBRARY CARD; MAKING IT UNLAWFU? TO DESTROY OR DAMAGE LIBRARY MATERIALS OR TO FAILA TO REIMBURSE FOR SUCH MATERIALS OR DAMAGES THER.!TO; PROVIDING A SERVICE FEE; PROVIDING FOR THE VIOLATION OF THE PROVISIONS HEREOF; PROVIDING FOR DELIVERY OF SERVICES; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. C- r co M CD y C= Cr. WHEREAS, Pinellas County provides for an extensive library system throughout the County; and WHEREAS, additional expenses are incurred when library books and materials are not returned, necessitating additional tax revenues to maintain the high quality and quantity of library materials. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY CONMSSIONERS OF PINELLAS COUNTY, FLORIDA, as follows: Section 1. That the Pinellas County Code is hereby amended by adding a Chapter 78, Article R, Sections 78-41 through 78-47 which Article reads as follows: SECTION 78-41 UNLAWFUL To FAIL To RETURN LIBRARY MATERIALS. It shall be unlawful for any person to fail to return any library books, audio or video recording, magazine or any other library article or personal property borrowed from any public library within Pinellas County after ten (10) days have elapsed from the date of written request for return by said library or an authorized agent of said library. The notice requesting the retum of such materials shall be sent by registered or certified mail addressed to said person at the last-mown address furnished to the library as evidenced by the records retained by said library. SECTION 78-42 UNLAWFUL TO FAIL TO REPORT LOST LIBRARY MATERLALS AND REIMBURSE FOR SAME. It shall be unlawful to fail to report any lost library book, audio or video recording, magazine or any other article of personal property borrowed from any public library within Pinellas County and to fail to reimburse said library after ten (10) days have elapsed from the date of written request for reimbursement by said library. The notice requesting reimbursement for such materials shall be sent by registered or certified mail addressed to said person at the last-known address furnished to the library. SECTION 7S43 UNLAWFUL T4 DE BAUD LIBRARY. It shall be unlawful to register or furnish, with the intent to defraud, a false name or address, or use with intent to defraud, any card other than one issued to said person for the purpose of borrowing any book or other article from the public libraries in Pinellas County. SECTION 78-44 UNLAWFUL TO DESTROY OR DAmACE LIBRARY MATERIALS OR TO FAIL TO REIMBURSE FOR SUCH MATERLUS OR DAMAGES THERETO It shall be unlawful for any person to willfully destroy, deface, mar or otherwise damage any library book, audio or video recording, film, magazines, or any other article of personal property borrowed from the public libraries of Pinellas County, or to fail to reimburse said library for destruction of or damage to such materials after ten (10) days have elapsed from the date of receipt of a written request for reimbursement by said library or an authorized agent of said library, whether 1) or not said destruction or damage is willful or accidental. The notice requesting reimbursement for such destruction or damage shall be sent by registered or certified mail, addressed to said person at the last-known address furnished to the library as evidenced by the records retained by said library. SECTION 78-45 SERVICE FEE. In addition to any reimbursement herein required, any individual to whom a notice has been sent under the provisions of this Ordinance shall pay to the libraries in Pinellas County a service fee in the amount of five dollars (S5.00) per item. SECTION 73-46 PENALTY FOR VIOLATION OF SECTIONS 78-41, 78-42,78-43. Any person or persons who shall violate the provisions of the Ordinance shall be guilty of a misdemeanor punishable by a fine not to exceed five hundred dollars ($500.00) or imprisonment not to exceed sixty (60) days, or both, per any book, audio or video recording, film ,magazine, or any other article or personal property borrowed from any public library within Pinellas County. SECTION 7847 DELIVERY OF SERVICES. No function or power relating to services is transferred from any municipality to the County. The municipality may continue to deliver any service to their libraries which, should not be duplicated by the County. Section 2. Sever-ability. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not effect the validity of the remaining portion thereof, 3 Section 3. lnclusion in the Code. If it is the intention of the Board of County Commissioners that the provisions of this Ordinance shall become and be made a part of the Pinellas County Code, and that the sections of this Ordinance may be renumbered or re-lettered, and the word "ordinance" may be changed to "section", "article," or such other appropriate word or phrase in order to accommodate such intentions. Section 4. Effective Date. Pursuant to Section 125.66, Florida Statutes, a certified copy of this Ordinance shall be filed with the Department of State by the Clerk of the Board of County Commissioners within ten (10) days after enactment by the Board of County Commissioners within ten (10) days after enactment by the Board of County Commissioners. This Ordinance shall become effective on October 1, 1996. &tion .5.,-Area EMbraced. This Ordinance shall be effective in the incorporated as well as the unincorporated areas of the County; however, to the extent that this Ordinance conflicts with a City Ordinance, the City Ordinance shall prevail. 4 STATE OF FLORIDA COUNTY OF PINELLAS I, KARLEEN F. De BLAKER, Cleric of the Circuit Court and Ex-officio Clerk to the Board of County Commissioners, in and for the State and County aforesaid, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of an Ordinance adopted by the Board of County Commissioners of Pinellas Councv, Florida, On July 2, 1996 relative to: ORDINANCE NO. 96- 52 i 6 • AN ORDINANCE OF,THE COUNTY OF PINELLAS, PROVIDING THAT THE PINELLAS COUNTY CODE BE AMENDED BY ADDING A SECTION TO BE NUMBERED CHAPTER 73 ARTICLE 11; MAKING IT UNLAWFUL TO FAIL TO RETURN BOOKS OR OTHER LIBRARY MATERIALS FROM ANY PUBLIC LIBRARY WITHIN PINELLAS COUNTY; MAKING IT UNLAWFUL TO FAIL TO REPORT LOST LIBRARY MATERIALS AND REIMBURSE FOR SAME; MAKING IT UNLAWFUL TO FURNISH A FALSE NAME OR ADDRESS ORUSE A FALSE LIBRARY CARD; MAKING IT UNLAWFUL TO DESTROY OR DAMAGE LIBRARY MATERIALS OR TO FAIL TO REIMBURSE. FOR SUCH MATERIALS 'OR DAMAGES THERETO; PROVIDING A SERVICE FEE; PROVIDING FOR THE VIOLATION OF THE PROVISIONS HEREOF; PROVIDING FOR DELIVERY OF SERVICES; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. IN WITNESS WHEREOF, I hereunto set my hand and official seal this ,., day of July, 1916. r• s'SEt'rI.••?t? •• ••• ''••....••. y?ZN KARLEEN F. De BLAKER Cleric of the Circuit Court and Ex-officio Clerk to the Board of County Commissioners By ?. Linda R. Reed, Deputy Jerk BACKGROUND FACT SHEET CLEARWATER PUBLIC LIBRARY SYSTEM OVERDUE RECOVERY PROCESS * Until October 1, 1996, the Clearwater Public Library System had been unable to collect approximately 9,040 materials which were annually not returned after being checked out. This translated into a loss of $180,000 per year, or 27?; of the library materials budget. * The librarians of Pinellas County, working with Senator Jack Latvala and Representative John Morroni, were able to change Section 257.261 of the Florida State Statutes, which had prevented the release of the names of persons with overdue library materials to the court system or other law enforcement officials for the purpose of recovering overdue library materials. Previously, this information had been confidential. The revised legislation took effect October 1. * Pinellas County passed Ordinance 96-52, which provides a penalty of $500 fine or 60 days in jail for persons refusing to return overdue library materials. * The following timetable is proposed for the recovery of Clearwater Public Library materials: Materials are checked out for 7 or.14 or 28 days. 7 days overdue: Courtesy overdue notice is mailed or a courtesy automated phone call is made. 14 days overdue: Final notice with bill is mailed. Shelves of all branches have been checked to see that the materials have not been returned. 21 days overdue: Certified letter is mailed. Customer is given ten days to respond before collection is turned over to the court system. 31 days overdue: Complaint/arrest affidavit is prepared by circulation manager or technical services division manager and is notarized. (This is the stage which makes necessary the passage of Resolution 96-63). The signed affidavit is sent by certified mail to the person with the long-overdue materials and copies of the affidavit are given to the County Attorney for processing. The customer is given ten days to respond and pay court fines of $30.00 per library material. . z Court cases are scheduled through the County Court system and prosecuted by the- State's Attorney's office. Library staff will not attend court arraignments, where the defendant will only plead "guilty" or "not guilty". if they plead "guilty", they will pay court costs of $30.00 per item and will pay for the overdue materials at the library (if the item is'not returned). If they plead ""not guilty", a court date will be scheduled for approximately six weeks later and the Circulation Manager will need to appear as a witness at that hearing. If the defendant fails to appear in court, a warrant issued for their arrest. The sheriff's deputies will go to the person's home and arrest them for ."failure to appear." I The County Court System and the Sheriff' s Department are being used because they can serve notices throughout the County. Other libraries in the Pinellas County Cooperative will be using similar, procedures. t i•y I f> j x• 3 t 1 3 Item 0 Clearwater City Commission Nesting Date: M A-? Agenda cover memorandum SUBJECT: Naming the Clearwater Community Sailing center Second Floor Room the "CARLISLE ROOM". RECOMM MATION/MOTIONI Adopt Resolution No. 96--64, naming the Clearwater Community Sailing Center second floor room the "CARLISLE ROOM" B and that the appropriate officials be authorized to execute same. SUMMARY: * The City of Clearwater would like to recognize Mr. Steve Carlisle for his many contributions to the Clearwater Community Sailing Center. * Over the years, he has contributed to the education of sailing students and the overall success of the Clearwater Community Sailing Center through his donations of funds and vessels. * The Marine Advisory Board has recommended that the second floor room of the sailing center be named the "Carlisle Room", Reviewed by: Le l 0 Originating Dept: Marine 0 Costs: x W/A Total Cmaission Action: O d ga 49 - Approve Budget NIA N/d sin Pu h S N/A 17 Approved w/conditfons „ g rc a Risk Ngmt. M W/A User Dept: Current Fiscal Yr. Denied cis NIA Marine E3 Continued to: ACM Funding Source: Other 0 capital imp. Advertised: O OPerating Attachmmts: Date: N/A 0 Other 1. Resolution No. 96-64. Paper: N/A d 3 N t Re i qu re o omitted by: Affected Partian Appropriation Code: 0 None © Notified q ® Not Required C 4 M or 0 Printed on recycled paper 1 FROM : 22 TEL: 4626426 OCT, 8, 1956 9: 55 AM P 1 Q 9 AEBOLU'!'i()N NO. 96-6q A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF CLPMWATER, FLORIDA, NAMING THE CLEARWATER COMMUNITY SAILING CENTER SECOND FLOOR ROOM THE "CARLISLE ROOM11, PROVIDING AN ZFrECTIVE DATE. WHEREAS, the City is the owner of the Clearwater community sailing Canter, located at 1001 Gulf Boulevard; and WHEREAS, the City of Clearwater would like to recognize Mr. Steve Carlisle for his many contributions to the Clearwater Community Sailing Center. Over the years, he has contributed to the education of mailing students and the overall success of the Clearwater Community sailing center through his donations of funds and vessels; and WHEREAS, The Harine Advisory Board ham recommended that they second floor room at the sailing center be named the "Carlisle Room"; and WHEREAS, the City Commission desires to formally name the rooml now, therefore, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDAs 02ation i._ In accordance with the criteria previously established, the eeoond floor room at the Clearwater Community Sailing Center is hereby named the "Carlisle Room". gtign,? This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this day of Rita Garvey Mayor-Commissioner Approvod as to form and legal. Sufficiency: Attestt John C. Carassas Cyn a U. Gau eau Aesietant City Attorney City Clark W%P- • Clearwater City Commission ite'n n: Agenda Cover Memorandum Meeting Date: SUBJECT: Town Lake Project RECOMMENDATION/MOTION: Approve payment for services in the amount of $34,570 to Post, Buckley, Schuh & Jernigan, Inc., the City Engineer of Record, for the comparative assessment of Cell 2 and "C" Pond concepts, © and that the appropriate officials be authorized to execute same. V - BACKGROUND: • At the September 19, 1996 Commission Meeting the Commission continued an item relating to a portion of the Town Lake Project designated as "Cell 2 ". • The proposal on the agenda today is for a comparative assessment of the Cell 2 and "C" Pored concepts. • This project will examine the fundamental issues associated with the development of both Cell 2 and the "C" Pond and compare these conceptual designs to the larger Town Lake concept. • The "C" Pond Assessment would be limited to an examination of the fundamental issues associated with the development of "C" Pond and comparison of this conceptual design to the Cell 2 concept, • The Cell 2 Assessment would be limited to an 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. Continued Reviewed by: Originating gepartmen • Costs: Commission Action: Legal NIA ENGiNEEnga $34,570 ? Approved Budget u Total ? Approved w/Conditions Purchasing (WA _ User Department: © Denied Risk Mgmt. NIA Current Fiscal Year 0 Continued to: Is NIA Funding Source: LLCM 0 Capital 6npravemo??t; Other Advertised: ? Opetettnq: Date: D Attachments: Other: Paper: Submitted by: ? Not Required Appropriation Cade Affected Parties: 315.96109.530100-539.OOD f ? Notllied ? None Cit attager J 13 Not Required ` 10 Printed on recycled paper TOWN LAKE PROJECT - CELL 2 & C POND.WJS.AGN.0OC 5 .. d Town, Lake Project Agenda Item Page 2 -3 CD • The project will specifically include: (1) development of a conceptual design for "Cell 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. • Total cost to complete this evaluation shall not exceed $34,570 and is available in Capital Improvement Project 315-96109, Downtown Lake. { (2) HOOPEP P. 01/04 TO: The City Commission FROM Betty Ocgtula, City Manag" Aul? COPM; Rich ]gaits, Eneatering Dh=Wr SUBJECT: Agenda Item x+30 DATE: October 16, 19% 30 i am pulling agenda item 030 endded *Paymad of $34,570 to Post, Buckley, Schuh do jM dW, Inc., City monm of Rccord, for comparative assessment of Cell 2 and "C" Fvnd von z *wMng the Town Jahn Project" from Thursday night's Commission meeting. The purpose of pulling this item from the agenda is to allow the completion of the financial mdysis before we proceed wish addidmmi engineering work. The analysts should be oo1 plc0ad by the end of November, and I will place this item on the agenda for discussion at the December Sth Commission meeting. If you have any qns, plea, call sta. 10/16/96 15:57 TX/RX NO.1006 P.001 M OCT--16-1996 15:58 FROM CLEPAJATER CLTY MGR.OFF. TO Clearwater City Commission a Agenda Cover Memorandum II Item 1i': Meeting Date: 5' 10/171iaG >' SUBJECT: Amendments to the Occupational License Tax regulations and fee structure RECOMMENDATIONIMOTION: Approve the amendments to the Occupational License Tax regulations and fee structure and pass Ordinance numbers 6101-96 and 6102-96 on first reading. „im , and that the appropriate_officiai_s be authorized to execute same. SUMMARY: Last year, the City Commission approved new regulations and a new fee structure relating to occupational license taxes, as recommended by the Occupational License Equity Study Commission, under State of Florida guidelines. From working with the new regulations and fee structure, staff has recognized several necessary housekeeping and streamlining changes. Changes are summarized as follows: • City Code Chapter 29: Add background check paragraph; make minor grammatical changes. • Appendix A - Schedule of Fees, Rates and Charges: Indent major categories for clarification; add notes where necessary; provide specifications for penalty and transfer fees; specify the calculation method for fractions in the Merchant category; correct fees that were inadvertently misstated or deleted; and other minor clarifications. Reviewed by: Originating Department: Costs: Commission Action: Legal L -5 CENTRAL PERMITTING NIA ? Approved Budget NIA 7 S' Total ? Approved wlCondltions Purchasing NIA User Department: ? Denied Risk Mgrm. NIA Current Fiscal Year ? Continued to: Is NIA Funding Source: ACM ? capital Impruvemsnt: Other Advertised: C3 Qpgrattnp: Date: ? Attachments: Athsr: Paper: Proposed Ordinances Submitted by DO Not Rsquired Appropriation Code 6101.96, and 6102-96 , Affected Parties: 14 d Notified ? Nona Ci anag r 13 Not Required 0 Printed on recycled paper AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO OCCUPATIONAL LICENSE TAXES; AMENDING CHAPTER 29, TAXATION AND OTHER FEES, ARTICLE 11. OCCUPATIONAL LICENSE TAX, SECTIONS 29.24, 29.27, 29.30, 29.31, OF THE CITY CODE OF ORDINANCES BY ADDING A NEW SECTION ON BACKGROUND CHECK REQUIREMENTS; AND MAKING MINOR GRAMMATICAL CHANGES; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Sedigp? ,1. Sections 29.24, 29.27, 29.30, 29.31, Article II. Occupational License Tax, Code of Ordinances, are amended to read: Sec. 29.24. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: t Accessory use means a merchant use which is clearly subordinate to the principal business use, is owned by the same business owner, and has a cost value of merchandise of $500.00 or less. The cost value of the merchandise shall be governed by sections 29.45 and 29.54 of this article. Sec. 29.27 Police Rackamund Check Resonfod. Sec. 29.30 License required. (1) Any person who maintains a permanent business location or branch office within the city to manage a profession, business or occupation shall first obtain a city license and pay the appropriate fee as prescribed I Appendix A of this Code. Such license shall be signed by the director of central permitting and shall have the city seal affixed. Ordinance No. 6101-96 (3) Any person who does not maintain a permanent business location or branch office within the city but who desires to transact a-business AF within the city shall register with the city manager the license of that municipality or other governmental subdivision in which they maintain a permanent business location, or if nn license- 15 required the other D]Unicipal'ty. a registration of the business shall be required. unless otherwise provided by this article. Such registration shall be accomplished prior to the commencement of the business, shall be subject to a registration fee as prescribed in appendix A to this Code and shall be valid from the date of issuance to the next succeeding October 1. # # Sec. 29.31 Issuance requirements for new businesses. (1)-A No license shall be issued pursuant to this article for any new business, occupation or profession when all applicable conditions are satisfied. ?9ectlon 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form and legal sufficiency: Rita Garvey, Mayor-Commissioner Attest: -L Z KV.411 " I , ??r/iJ"? .Ll.?l L Leslie Dougall-6fdes, Asst. City Attorney Cynthia E. Goudeau, City Clerk ORDINANCE No. 6101-96 2 ORDINANCE N0.6102-96 ..,E . AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO OCCUPATIONAL LICENSE FEES; AMENDING APPENDIX A SCHEDULE OF FEES, RATES AND CHARGES BY MAKING HOUSEKEEPING CHANGES AND ADDING THE REGISTRATION FEE AND DUPLICATE FEE; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Appendix A, Code of Ordinances, is amended to read; APPENDIX A-SCHEDULE OF FEES, RATES AND CHARGES XXVIII.000UPATIONAL LICENSE FEES: Category No. Category Fee 001.000 ABSTRACT OR TITLE COMPANIES .............................................$ 200.00 0023.000 ADMINISTRATIVE OFFICE .................................................................75.00 00$4.000 ADVERTISING OR MARKETING (alse;-se , algae) 003.010 Agency, general .............................................................................55.00 003.020 Coupon book publisher or distributor (See note B) ......................100.00 003.030 Directory or guidebook publisher ..................................................100.00 003.040 Handbill or sample distributor .........................................................55.00 003.050 Soliciting for publication not listed in city .........................................45.00 003.060 Outdoor signs, advertising for other than the business on the premises ................................. ........................55.00 003.070 Welcome or greeting service .................................. ........................50.00 003.080 Trade Inducement business, NOC ......................... ......................110.00 004.000 ADULT ENTERTAINMENT ESTABLISHMENT (See note B; See Chapter 41, Article V) ...............................................................1,000.00 005.000 AGENT OR AGENCY (See also brokers): 005.010 Book or magazine ....................................... ....................................45.00 005.020 Claim or collection (see note. B) .................. ..................................110.00 005.030 Credit reporting and mercantile .................. ....................................65.00 005.040 Employment ............................................... ....................................65.00 005.050 Manufacturers/sales representative, NOC . ....................................45.00 005.060 Private detective or company (See note B) ..................................110.00 005.070 Property management or leasing ............... ....................................55.00 005.080 Talent (see note D) .................................... ....................................65.Ob 005.090 Travel (see note D) ..................................... ....................................75.00 1 Ordinance 6102-98 r • 006.000 : AIRCRAFT (See notes B aP4-E; 006.010 Charter or rental ........................................................................... 110.00 006.020 Flying instruction ........................................................................... 110.00 006.030 Passenger service ........................................................................ 110.00 006.040 Sales, new or used ....................................................................... 110.00 006.050 Servicing ....................................................................................... 110.00 006.060 Storage, field or hangar, ....................................... ............ I ... 1 110.00 007.000 AIRPORT (see notes B and 6) ...........................................................225.00 008.000 ALARM SYSTEM BUSINESS, FIRE, BURGLARY, MEDICAL MONITORING (see notes B and 9} .....................................................55.00 009.000 AMBULANCE SERVICE (See nGW4 - article III of chapter 25) ...........................................................................................55.00 Plus per vehicle ..............................................................................20,00 010.000 ANIMALS 010.010 Kennel ............................................................................................55.00 010.030 Groomer .........................................................................................45.00 011.000 APPRAISER (See note QjQLReaLEajaW ...........................................65.00 012.000 ARMORED CAR SERVICE (See note B) ............................................55.00 Plus per vehicle ..............................................................................20.00 013.000 ARTIST .................................................................................................75.00 014.000 AUCTIONEER (see notes B and D) ...................................................220.00 014.010 Auction gallery (See notes B and D) ............................................675.00 015.000 AUDITOR .............................................................................................70.00 016.000 AUTOMOTIVE; 016.010 Dealership - Sale of new and used vehicles .................................400.00 016.020 Dealer - Sale of only used motor vehicles ... .................................300.00 046.030 Garage - General repairs or replacements (See note D), for 10 bays or less ........... ...................................75.00 016.031 For each additional bay ......................... ...................................10.00 016.040 Rental - Autos, trucks, recreational vehicles .................................150.00 016.050 Parking lot, permanent or temporary 016.051 1-10 spaces ........................................... ...................................25.00 016.052 11-50 spaces ......................................... ...................................35.00 016.053 Over 50 spaces ..................................... ...................................75.00 016.060 Storage 016.061 16-50 Spaces ........................................ ...................................55.00 016.062 Over 50 spaces ..................................... .................................110.00 016.070 Washing and polishing ................................ ...................................25.00 016.060 Wrecker or towing service ........................... ...................................45.00 016.090 Service station, per fuel pum how ............ ...................................25.00 2 017.000 BAIT DEALER ......................................................................................35.00 018.000 BAKERY GOODS, RETAIL ..................................................................55.00 019.000 BANKS (including savings and loan associations) for each bank location main or branch ...............................................250.00 019.010 Automatic teller machines ............................................................100.00 020.000 BARTENDER, FREE LANCE ...............................................................50.00 021.000 BATHHOUSE (see chapter 2 dly6glon IQ .............................................25.00 021.010 Technician ......................................................................................5. 022.000 BEAUTY SALON/BARBER SHOP NAIL SALON, TANNING SALON .........................................................40.00 Plus, for each chair or booth (new note D) ......................................10.00 022.010 Manicurist (see note Dl ..................................................................25.00 023.000 BOATS AND BOAT TRAILERS: 023.010 Dealer ...........................................................................................100.00 023.020 Repairs and service ........................................................................60.00 023.030 Rental ..........................................35.00 023.40 Storage ...........................................................................................75.00 023.41 Mshing and Polishing, ..................................................................25.00 024.000 BOATS, PASSENGER: (needs_Harbormaster_ approval) 024.010 1-15 passengers ........................................................................... ..40.00 024.020 16-25 passengers ......................................................................... ..55.00 024.303 26-50 passengers ......................................................................... ..65.00 024.040 51-100 passengers ....................................................................... ..75.00 024.050 101-300 passengers ..................................................................... 100.00 024.060 Over 300 passengers ................................................................... 200.00 025.000 BOOKKEEPING SERVICE ..................................................................55.00 026.000 BROADCASTING, RADIO AND TELEVISION STATION OR STUDIO .......................................................................................110.00 027.000 BROKER, each 027.010 Broker, mortgage (see nole Q1 .......................................................55.00 027.020 Broker, merchandise ......................................................................55.00 027.030 Broker, stocks, bonds, etc., dealer ...............................................165.00 027.040 Broker, stocks, bonds, etc., individual ..........................................110.00 027.050 Broker, real estate (}ape note ) .....................................................55.00 Plus for each additional salesperson ...........................................25.00 028.000 BUSINESS ADVISORY SERVICES, NOC ........................................110.00 029.000 Bus-station4-iate a flmkxde,timous#n? ghtseeing sGwisea) (Reserved) 3 030.000 BUYERS CLUB ..................................................................................100.00 031.000 CATERER ............................................................................................55.00 032.000 CEMETERY/CREMATORIUM ...........................................................200.00 033.000 CLEANING, PRESSING AND DYEING 033.010 Plant .............................................................................................175.00 033.020 Branch/collection, each ..................................................................55.00 033.030 Self service or hand laundry ...........................................................65.00 Plus, per machine ..........................................................................1.00 033.040 Carpet cleaning on-site ...................................................................55.00 034.000 COIN AND/OR STAMP DEALER (see note B) ....................................55.00 035.000 COMMERCIAL RECREATION/ENTERTAINMENT, NOC .................400,00 035.010 Dealer or lessor of amusement machines ....................................110.00 035.020 Miniature golf ..................................................................................55.00 035.030 Per game/machine/ride (excluding dealer) .....................................35.00 035.040 Entertainer (each) ...........................................................................55.00 035.050 Skating rink:, shuffleboard, archery range or golf course ..............110.00 035.060 Billiard parlor ...................................................................................70.00 Per additional table ....................................................:.................10.00 035.070 Temporary t f seNed) ................................................. 40a-nn 035.080 Theaters, with up to 150 seats .....................................................250.00 035.081 Theaters, with 150 or more seats ................................... ..............550.00 036.000 CONSULTANT, NOC ...........................................................................75.00 037.000 CONTRACTORS, GENERAL CONSTRUCTION: (See nGte-D) 037.010 Class "A" general (fiee_note L71 ..................................................... 250.00 037.020 Class "B" building (see note Dl ..................................................... 175.00 037.030 Class "C" residential (See note D) ............................. ............... .... 100,00 038.000 CONTRACTORS OR SUBCONTRACTORS (NOT GENERAL) 038.010 Acoustics ...................................................................................... ..55.00 038.020 Air conditioning contractor, Class A (See note D) ........................ 150.00 038.021 Air conditioning contractor, Class B (See note D) ........................ 100.00 038.022 Air conditioning contractor, Class C (See note D) ........................ ..70.00 038.030 Alarm systems specialty (See note D) .......................................... ..55.00 038.040 Aluminum (See note D) ................................................................ ..55.00 038.050 Awning, shades and blinds ........................................................... ..45.00 038.060 Boller ............................................................................................ ..55.00 038.070 Carpentry (See note D) ................................................................ ..55.00 038.080 Cabinetry and millwork ................................................................. ..55.00 038.090 Communication systems specialty (See note D) ......................... ..55.00 038.100 Demolition, building (See note D) ....................................... ..... ..55.00 038.110 Dredging ....................................................................................... ..55.00 038.120 Drywall (SemoteD) .................................................................... ..55.00 038.130 Electrical (see note D) .................................................:................ 150.00 038.140 Excavating, including tilling, grading, and land clearing ................ ..55.00 038.150 Elevator (See note D) ................................................................... ..55.00 4 038,160 Exterminator (See note D) ..............................................................55.00 038.170 Fence erection (See note D) ................................................ ..........55.00 038,180 Fire sprinkler system, building (See note D) ......................... ..........55.00 038.180 Flat work masonry specialty (See note D) ............................ ..........55.00 038.200 Floor covering, laying, sanding, finishing .............................. ..........55,00 038,210 Gas, natural (See note D) ..................................................... MSQ-.AA 038.220 Gas, liquid petroleum (See note D) ...................................... ..........55.00 038.230 Garage door and operator installation (See note D) ............. ..........55.00 038.240 Glass and glazing (See note D) ............................................ ..........55.00 038.250 Gunke and sandblasting ....................................................... ..........55.00 038.260 Hauling, tracking or moving .................................................. ..........55.00 038.270 Houseiag-moving (FDQ D(See-AoW-G) ................................ ..........55.00 038.280 Installation, NOC .................................................................. ..........55.00 038.280 Insulation (SeeWe D) ......................................................... ..........55.00 038.300 Irrigation systems specialty (See note D) ............................. ..........55.00 038.310 Janitorial service ................................................................... ..........55.00 038.320 Landscapingltree surgery ..................................................... ..........55.00 038.330 Lawn, yard and garden care ................................................. ..........35.00 038.340 Low voltage systems specialty (See note D) ........................ :.........55.00 038.350 Maintenance work (NOC) ..................................................... ..........55.00 038.360 Marble setting includes the (See note D) .............................. ..........55.00 038.370 Marine specialty (See note D) .............................................. ..........55.00 038.380 Mechanical contractor (See note D) ..................................... ........150.00 038.390 Mobile home setup specialty (See note D) ....................... .......55.00 038.400 Ornamental iron work ........................................................... ..........55.00 038.410 Painting - including paperhanging (See note D) ................... ..........55.00 038.420 Paperhanging (only) ............................................................. ..........55.00 038.430 Partitions, movable ............................................................... ..........55.00 038.440 Paving (See note D) ................................................. .......55.00 038.450 Pile driving (See note D) .................................................................55.00 038.460 Pipeline (See note D) ........................................................... ..........55.00 038.470 Plaster and stucco specialty (see note D) ......................................55.00 038.480 Plumbing (See note D) ..................................................... ......150.00 038.490 Pollutant storage systems; gasoline, oil, etc (See note D) .............55.00 038.500 rftssur a claa; ling ...........................................................................55.00 038.510 Prestressed precast concrete specialty (See note D) .......... ..........55.00 038.520 Refrigeration, commercial and industrial (See note D) ...................55.00 038.530 Reinforcing steel specialty (See note D) .........................................55.00 038.540 Roofing (See note D) ......................................................................55.00 038.550 Septic tank/sewer cleaning .............................................................55.00 038.560 Sheet metal (See note D) ...............................................................55.00 038.570 Shutter and opening protectives (See note D) ...............................55.00 038.580 Signs - electrical (See note D) ........................................................55.00 038.590 Signs - nonelectrical (SS on te-D) ..................................................55.00 038.600 Solar (See note D) ..........................................................................55.00 038.610 Steel reinforcing (See note D) ........................................................55.00 038.620 Structural masonry specialty (See note D) .....................................55.00 038.630 Structural steel (See note D) ..........................................................55.00 038.640 Swimming pool, residential (See note D) .......................................55.00 038.641 Swimming pool, commercial (See note D) .....................................55.00 038.642 Swimming pool, service and maintenance (See note M ................55.00 038.650 Tile and marble specialty (See note D) ..........................................55.00 5 M 038.660 Underground utility (See note D) .................................................... 55.00 038.670 Veneer specialty (See note D) ....................................................... 55.00 038.680 Water softener Installation and service ........................................... 55.00 038.690 Welding (requires PAW certification) .............................................. 55.00 038.700 Weft ddiling (See-note--; requires certification from SWF11MMD)..,. 55.00 038.710 Window cleaning ............................................................................ 35.00 038.720 Wrecking and dismantling (other than building) .............................. 55.00 039.000 COSTUME OR CLOTHING RENTAL ..................................................45.00 040.000 DATA PROCESSING CONSULTANTIPROGRAMMER ......................75.00 040.010 Data processing software ...............................................................55.00 041.000 DATING/ROOMMATE SERVICE (See note B) ..................................110.00 042.000 DECORATOR, INTERIOR ...................................................................55.00 043.000 DELIVERYIMESSENGER SERVICE (includes first vehicle) ...............55.00 Plus, per each additional vehicle ....................................................20.00 044.000 DESIGNER, INDUSTRIAL (See note D) ..............................................55.00 045.000 DISC JOCKEY, FREE LANCE .............................................................55.00 046.000 DIVER ...................................................................................................50.00 047.000 DRAFTSMAN .......................................................................................75.00 048.000 ELECTRIC POWER COMPANY ........................................................150.00 049.000 EQUIPMENT RENTAL, small tools or appliances ................................55.00 049.010 Equipment rental, cmatri infl ................... ..110.00 050.000 FLORIST ..............................................................................................55.00 051.000 FREE SERVICE BUREAU ...................................................................70.00 052.00 FURNITURE REFINISH, REUPHOLSTER, CLEAN AND REPAIR ........................................................................................55.00 053.000 GROUP CARE FACILITIES 053.010 Congregate care`fasifities (21 or more clients) ............................. 150.00 053.020 Convalescent/nursing home ......................................................... 150.00 053.030 Family care home (1--6 clients) .................................................... ..35.00 053.040 Group care, level 1(7-14 clients) ................................................. ..45.00 053.050 Group care, level If (15-20 clients) .............................................. ..70.00 053.060 Group care, level III (1--20 - special treatment) ............................ ..85.00 054.000 GUNS (See note B; requires federal firearms license), dealer, includes repair .................................................................................... 110.00 055.000 HEARING AID, AGENT OR DEALER ..................................................65.00 6 056.000 HOSPITAL ..........................................................................................220.00 057.000 INCOME TAX PREPARER ..................................................................55.00 058.000 INSURANCE 058.010 Per each company, class, and type of insurance ...........................75.00 058.020 Adjuster ..........................................................................................65.00 058.030 Agency (includes 1 principal, owner, manager or agent) ...............55.00 058.031 Plus. j1gQnt ...............................................................................25.00 058.040 ( , rosy ............................................ 25.00 058.050 Agent, independent .............................................. ..75.00 059.000 ITINERANT. OR-PERMANENT, KNIFE TOOL SHARPENER ..............25.00 059.010 Itinerant, agriculture peddler ...........................................................35.00 060.000 KINDERGARTEN, NURSERY OR DAY CARE (See notes EIG and D) ................................... ...45.00 061.000 LABORATORY (includes dental, medical, research, analytical, photo, chemical testing, etc.) ...........................................................................80.00 Plus, per employee .........................................................................20.00 062.000 LAND DEVELOPERS ........................................................................110.00 063.000 LECTURER AND INSTRUCTOR,-tineFant ..........................................70.00 064.000 LOAN, FINANCE OR CONSUMER DISCOUNT COMPANY fSee_note- ..........................250.00 065.000 LOCKSMITH (See note B) ...................................................................45.00 066.000 MAIL ORDER ESTABLISHMENT ........................................................55.00 067.000 MAILING, PACKAGING, ADDRESSING, FAXING ..............................55.00 068.000 MANUFACTURING, FABRICATING, PROCESSING, COMPOUNDING 068.010 1 employee (including owner) .........................................................45.00 068.020 2--4 employees (including owner) ......:...........................................65.00 068.030 5-10 employees (including owner) ................................................90.00 068.040 11--25 employees (including owner) ............................................710.00 068.050 26--50 employees (including owner) ............................................165.00 068.060 51-100 employees (including owner) ..........................................220.00 068.070 101-500 employees (including owner) ........................................250.00 068.080 Over 500 employees (including owner) ........................................410.00 069.000 MASSAGE establishment (See note D and Chapter 9) .......................60.00 069.010 Massage therapist, each (See note D and Chapter 9) ...................35.00 070.000 MERCHANT OR MERCHANDISING: (See note B for sale of used merchandise) 7 070.010 Stock value $1,000.00 or less ........................................................35.00 070.020 Over $1,000.00 but less than $2,000.00 ................................... .....45.00 070.030 Over $2,000.00 but less than $3,000.00 ................................... .....55.00 070.040 $3,000.00 and over ...............................................................55. U60.49 Plus, per $1,000.00 or_ any_fraction^thereof over $3.000 ........ .......4.25 070.050 Mobile tool-sale $ ........................................................................ ...110.00 070.060 Antiques, used merchandise (See note B) ................................ .....55.00 070.070 Merchant, temporary pe[mp1p[Qoj1Qn .................................. .....50.00 070.080 Merchant, itinerant permanentnocation .................................... ...150.00 070.090 Merchant, show or flea market, per exhibitor. InglUdeD food vendors, per pyenV-6ho ................................................... .......8.25 070.100 Downtown convention/exhibition center .................................... 3,000.00 071.000 Mobile homes 071.010 Dealer (new or used) sales and service .......................................110.00 071.020 Park, rental .....................................................................................70.00 Plus per space over 25 ..................................................................3.25 071.030 Transport service (if independent. of city licensed dealer or manufacturer) .................................................................................65.00 072.000 MOTORCYCLE, dealer ........................................................................80.00 072.010 Motorcycle, scooter or bicycle rental ....................................................55.00 073.000 MOVING, TRANSFER COMPANY (See note B) .................................90.00 074.000 MUSIC MACHINESMUKE-BOX, COIN OPERATED: (not amusement or vending machines) 074.010 Dealer or lessor ............................................................................110.00 074.020 Operator or lessee, each machine .................................................35.00 075.000 NEWSPAPER, PERIODICAL OR NEWSLETTER: 075.010 Less than 6 issues per week ..........................................................75.00 075.020 6 Or more issues per week ..........................................................220.00 075.030 Agency or bureau .........................................................................110.00 076.000 NURSERY, PLANTS (See note D) .......................................................55.00 077.000 PATROL, NIGHT PATROLMAN, OR PRIVATE WATCHMAN: 077.010 Firm (See note B) ...........................................................................75.00 077.020 Individual (See note B) ...................................................................35.00 078.000 PAWN BROKER (See note B) ...........................................................330.00 079.000 PETROLEUM PRODUCTS, wholesale ..............................................220.00 079.010 Petroleum products, deliver/sale._Includes LP ................................110.00 080.000 PHOTOGRAPHY (s5eo ogle 15) ............................................................55.00 081.000 PIANO TUNER .....................................................................................25.00 082.000 PLATING OR ANODIZING, METAL .....................................................55.00 8 083.000 PRINTING, PUBLISHING, ENGRAVING, LITHOGRAPHING AND BINDING (includes blueprinting services) ............................................60.00 084.000 PROFESSION (per licensee and per location) 084.010 Accountant (See note D if CPA) ................................................... 100.00 084.020 Architect (See note D) .................................................................. 100.00 084.030 Attorney (See note D) ................................................................... 100.00 084.040 Chiropractor (See note D) ............................................................ 100.00 06A.M unselQ is-odal worker {SSee_oote M .......................................... ..71.00 084.050 Court reporter ............................................................................... ..75.00 084.060 Dental hygienist (See note D) ....................................................... ..75.00 084.070 Dentist (Sea note D) ..................................................................... 900.00 084.090 Designer, interior (See note D) ..................................................... 100.00 064.100 Embaimedfuneral directorlundertaker (See note D) ..................... 100.00 064.110 Engineer (See note D) .................................................................. 100.00 084.120 Homeopathic physician ................................................................ 100.00 084.130 OccupatigLial eranist Naprapath (See note D) ........................... 100.00 084.140 (Sasgn&l Natu€epath (See note D' . ...................................... 400 084.150 Optician, including sale of lenses and frames (See note D) ......... 100.00 084.160 Optometrist (See note D) ............................................................. 100.00 084.170 SegeI]ted RhaFma s! (See nate D) ci .............................................. 109. 084.180 Physician (See note D) ................................................................. 100.00 084.190 Physiotherapist (See note D) ........................................................ 100.00 084.200 Profession, NOG ........................................................................... 100.00 084.210 Psychologist (See note D) ............................................................ 100.00 084.220 Surveyor (See note D) .................................................................. 100.00 084.230 Veterinarian (See note D) ............................................................. 100.00 085.00{) PROMOTERIPROMOTIONS (See note B)(if temWrant;aer event) .................................................200.00 066.000 RAILROAD .........................................................................................225.00 087.000 RECORDING STUDIO .........................................................................55.00 068.000 REFUSE COLLECTION AND DISPOSAL SERVICE (Seen 9 and_Sec B. 32.292 City Code)........ 225.00 089.000 REFUSE MACHINE, COMPACTING AND/OR BINDING: 089.010 Owner or lessor ............................................................................220.00 089.020 Operator or lessee ........................................................................100.00 090.000 RENTAL, NOC (Se,! note B) ................................................................55.00 090.010 Hall/faciiity/property, nonresidential use (See note B) ..................100.00 091.000 RENTAL, UNITS (2 or more) ................................................................25.00 Plus, per unit over 5 ..........................................................................1.50 092.000 REPAIR AND SERVICE, NOC (includes handyman) ..........................45.00 Plus, for each employee (other than owner) ...................................10.00 9 093.000 RESTAURANT (,5ea note _Q: and Note _B_ for alcoholic, beverage sale s) 093.010 1--10 seats .................................................................................... ..35.00 093.020 11--25 seats .................................................................................. ..55.00 093.030 26--50 seats .................................................................................. 110.00 093.040 51-100 seats ............................................................................... 165.00 093.050 101 or more seats .........» ........................................... ................... 220.00 093.060 Snack bar, soda fountain .............................................................. ..45.00 093.070 Concession stand/vendor, per location or unit ............................. ..45.00 093.080 Canteen wagon or truck, per mobile unit ...................................... ..50.00 093.090 Drive-in or drive-through/take out or delivery ................................ ..75.00 093,100 NightclublbarAavemlcabaretAounge (See note B; see adult use entertainment; see commercial recreationfentertafnment, entertainers) ................................................................................. 220.00 093.110 Dancing area ................................................................................ ..45.00 094.000 SCHOOLS - TRADE, STUDIO AND INSTRUCTION (See note D; also see note B for dancing or charm schools .............................................55.00 095.000 SECRETARIAL SERVICE (includes stenographers) ...........................55.00 096.000 SEWING (DRESSMAKER, SEAMSTRESS, TAILOR, etc.) .................45.00 097.000 SHOE REPAIR (OR BOOT BLACK STAND) .......................................45.00 098.000 SITTING - HOUSE, PLANT, PET (See note B) ...................................50.00 09$,50 SPECIAL VENM - CITY SPONSORED. Per day,-Wr exhibit ...........................................................................:LQQ 099.000 STORAGEfWAREHOUSING 099.010 Indoor, per 1,000 square feet inimum,$50 fee) ..........................10.00 099.020 Outdoor, per 1 ,000 square feet (IrmimUM 50 feel ......................20.00 100.000 TATTOO PARLORS (See note D and Florida State statute 877.04) ..........................................................................400.00 101.000 TAXICAB COMPANY, includes first vehicle (See notes'-A an Band Chapter 201) ...............................................55.00 Plus for each additional vehicle ......................................................20.00 102.000 TAXIDERMIST .....................................................................................45.00 103.000 TELEPHONE AND TELEGRAPH 103.010 Telephone, company ....................................................................225.00 103.020 Pius, fef each branch off= ............................................................30.00 103.030 Telephone, business, private (Includes 000 service: see note B).,.55.00 103.040 Telephone, solicitation (See notes BanjD) ...................................55.00 103.050 Telephone, answering service ........................................................55.00 104.000 TOILETS, PORTABLE SERVICE ......................................................100.00 10 105.000 TRAILER, CARGO (for boat trailers, see boats) 105.010 Trailer, cargo, sales and service .....................................................55.00 105.020 Trailer, cargo, rental .......................................................................45.00 108.000 TRANSIT OR READY-MIX CEMENT AND CONCRETE ...................220.00 (This license required of any distributor making deliveries and/or sales within city limits, regardless of location of plant.) 107.000 TRANSPORTATION SERVICES (bus station - interstate, chartered, limousine, sightseeing) See chgpter 4: --see --note Ha ..........................2'10.00 108.000 VACUUM CLEANER SALES AND SERVICE ......................................55.00 109.000 VALET PARKING .................................................................................50.00 110.000 VENDING MACHINES (exciuding amusement, music machines, cigarette or stamp machines) 110.010 Dealer or lessor ..............................................................................55.00 110.020 Operator or lessee, per machine ($25,00hniO ..............................10.00 111.000 VIDEO OR FILM RENTALS .................................................................55.00 112.000 WRECKING YARD .............................................................................220.00 113.000 UNCLASSIFIED, every business occupation, profession or exhibition, substantially fixed or temporarily engaged in by any person within the city and for which no license has been ordained and not herein specifically designated (See note B) .....................................................................110.00 The MINIMUM occupational tax shall be $25.00. PENALTY, DELINQUENT AND ADMINISTRATIVE FEES: The PENALTY FEE (operating prior to obtaining a license) shall be equal to 25 percent of the established fee. The DELINQUENT FEE shall be ten percent for the month of October plus five percent for each month of delinquency, not to exceed 25 percent of the established occupational license tax. In addition to penalty fees. Tthe ADMINISTRATIVE FEE shall be $250.00 stn arcounts.Got paid by Jana, m 31st foi Awing. enewal notice(to_apply starting 19961,97 renewal notices). 11 r f f 9 { s' -A-TRAUEER FEE_shall-be r up IQ 10% of the annual licensQ lax but not-less than $3 or more iban Notes: A. Requires approval by the city commission. B. Requires city police department recommendation. The applicant shall complete a background information report, executed under oath, and shall submit to a background investigation, photograph, and fingerprints. The recommendation shall be based upon the criteria set forth In section 29.41(6) and shall Include a statement of the facts upon which the recommendation is based. C. Requites rvi.6-4- d-rf."^nt In .RESERVED D. Requires inspection, approval or license of state or county authority.- -^nt-l me NOC - Not otherwise classified. Section 2. This ordinance shall take effect Immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form and legal sufficiency: Leslie Dougall-'9 , Kna. uarvey, Mayor commissioner Attest: Cynthia E. Goudeau, City Clerk 12, Ordinance No. 6102-96 Item #32 .fJ 7 ' t 11 I 1 1 7 E ? J F 1 t v i..uw.x ? , a ?. .s+r . rYre>t+?.ti.t:w«•?•` . .. .- .... ...a.. .r .r. «....... _ _..-_ ? -- •.? • Item p: Clearwater City Commission C .. Agenda Cover Memorandum Meeting Date: SUBJECT: Revised schedule of fees and charges for various permits and services related to building construction of Central Permitting RECOMMENDATION/MOTION: Pass on first reading ordinance #6084-96 revising appendix A, Schedule of fees, rates and charges, code of ordinances. J and that the appropriate officials be authorized to execute some. BACKGROUND: Central Permitting Department periodically reviews the permit fee schedule, revenues and costs of the Construction Technical Services Division. If necessary Central Permitting proposes an adjustment to the schedule of permit fees. The proposed adjustment is designed to streamline the fee schedule, by omitting or lowering some fees and raising others. The overall effect of the streamlining and fee adjustments will generate an approximate 5% increase in our projected revenues for fiscal year 1996197. This will generate approximately $45,000 above our projected revenues of $900,000, for a total of $945,000 toward covering our proposed budget of $932,110. The last time we proposed a comprehensive fee adjustment was in 1990. Highlights of the proposed changes are: • Elimination of the Southern Building Code Congress International, Inc values to determine the project valuation. We will use the contract price. • The elimination of fees for consultations and permit fee estimates. • It creates an approximate 5% increase in the plan examination and permit fee schedules, • It creates a more equitable plan examination fee schedule for one and two family projects. • It removes fees for flood zone plan review, threshold building review, and zoning review. • it clarifies the plan amendment fees. Costa: Commission Action: Reviewed by: Originating Department: ? Approved Legal Central Permitting Total ? Approved wiCondltlons Budget ? Denied Purchasing A User Department: Current Fiscal Year ? Continued to: Risk Mgmt. NIA Central Permitting Funding Source: IS NIA D Ca ital ACM p lmprovri?wnt: ? Other Advertised: Opentlny: ? Attachments: Date: Other. Paper: Ord(nance #6084-96 Submitted by: 0 Not Required Appropriation Code Attachment A Affected Parties: Fee Comparison CI Notitled ? None Cit Hager ® Not Required 0 Printed on recVctsd paper • It clarifies the fees for additional and replacement copies of the certificate of occupancy. • The threshold on permit fee refunds is raised and a reasonable maximum amount to be charged by the city is set. • The "laundry list" of permits types from the ordinance is eliminated. • It removes the redundant permit fee table under House Move, • It removes the fee for recertification of electrical service. • It add fees for zoning verification letters and research time. .xt ullowsthe building official to set policies for when reinspection fees, follow up fees, 'and after the fact permits fees are assessed. *It createsa fee category to allow the city to recover cost of administering the state required notice of commencement forms. • It clarifies the combination permit definition. It simplifies wording for appeals and making fees for appeals to the city manager and commission consistent. Currently, one and two family projects only pay a plan examination fee for new construction. Over the past few years, additions and remodeling! have become larger in their scope. This is causing us to spend as much time reviewing these types of plans as we do for new projects of comparable value. This is why we are proposing a sliding fee schedule for one and two family projects. As a consequence, residential permit fees will increase more than the average of 5%. ORDINANCE NO. 6084-96 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO THE BUILDING AND DEVELOPMENT REGULATIONS; AMENDING APPENDIX A SCHEDULE OF FEES, RATES AND CHARGES RELATING TO SECTION 47.083(4); PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Appendix A, Schedule of fees, Rates and Charges, Code of Ordinances, are amended to read: APPENDIX A-SCHEDULE OF FEES, RATES AND CHARGES V. BUILDINGS AND BUILDING REGULATIONS Permit fees and charges (1) Permit fees and charges, in general; exceptions: (a) Permits are generally not required for carpeting, painting, wallpapering, tile, paneling over existing walls, and floor= the nor where the valuation of labor, materials, and all other items does not exceed $500.00 and the work or operation is of casual, minor, inconsequential nature, and does not violate any city codes or ordinances, or is exempt pursuant to Chapter 75-489, Laws of Florida (Special Acts), Section 25. (b) Valuation for ail new construction an"ddhions shall be based on the contract value. The current Southern Building Code Congress Intemational's valuation tables may be used if no contract Is sub MI with the permit application, --AtheF Pe€mils shall-lie-bQSed erg GOnlract-value. The building-Gfficiai-rnay-request-a-Gcapy-0"ned-cantra.Gt4f lho- gluei"5ented-does-no"ppear-4o-tie in -Me -wklyoth$perm#s-o"*e-wefk: (c) Where no grm' fee Is stated, the same shall not be interpreted as an intention to waive any requirement for a permit or fees for a permit that may be stated elsewhere in the city's Code of Ordinances. (d)-DemGMo"effnfts-sha"e-issued ?at-the-fee-set-fortlain4he-feesGheduie-l4GweveF-n"ee-shall be reciulFed-when-the buitdirq-or-rAmc4uFe-has-been-d o-publIG-Wety-or-welfare by-the-building-Gffrsial: Le)Prfor to starling any electrical, gas, plumbing, mechanical, roofing, or other work under a combination permit, the contractor or the subcontractor engaged to do the work shall file with the Central Permitting Department th94u#ding-sePAGes4MsiGn a form showing the name and certification number of the subcontractor doing-the-wGr-k, the subcontractor's-Qearwater-license numbefw-occupational license number, the Fvumbef-G the combination permit number, the 'fob address where-i ne, and other related information as may be required by the Central Permitting Department 14e-building seri+ice"Msion. Failure to rile such form or provide such information shall be just cause for the refusal of inspection services, and the issuance of a correction notice wilh,-and-the-assessment the-appropriate fee. (2) Fee schedule. In the case of reviews, Inspections and similar activities associated with building and related codes not requiring a eornbinMlon permit, the following schedule of fees shall apply: (a) Wan-fev+aw-fees: 4-. Building-peffnit-fe"stimat .................................................................................................. t] 2-?r+sultat4ora-or-speciai?ee;-pef-?ouF ...................................................................... 0:40 Lb) Plans examination fee: 1. Multifamily and commercial, base on c ns r c io valuation off: a 00 000 00 or less 40 00 Plus.-per_11.000.00 of value gr_fraction )hereof .................??...•T......,..,,...... . 3 00 b,___Greater Khan 100,000.00 but not exceeding_500,000.00. 340 00 Pius per 1 .,000.00 of value or fraction thereof .,_... . 2.00 c Greater than 500,000,00 but not exceeds 1 000 000.00 ............................... 140.00 Plus, er $1,000.00 of value or fraction thereof ....................................................1.50 d.. Greater than 1,000 000.00 1890.00 Plus per $1,000.00 of value or fraction thereof ...... _ 1.00 a. $50,000:404)f4ess- ............................. ............ ..................... ................................ 4mm R1?+s;-per?#;000-00-a€ ataa-er-fraGttoF?-thereof ...................................................... 3.00 b--?rea??r-t#an-S50;OC38 ?4 hut- vt-excesdiF?-$ 50;490gA .......... ......... .............:- , -, a ?, rw Rlr? , A 00-ef-vatae-o fraction t#?aFec;?iF?-e?cress-e#,?50;00 0......... , .. .. 2-N s---GFaata it?aa$25(};000 00-hut-nat-?x?e?edfr?g$50(;00"0 z ................................ 0 W+?s; pe lus-eFf slioa thereof i+i excess af-$250;9f30 (30 ............. .. d --area t-exi 0.00 ................................. X50 PtuGrper-44,000-.00 of ate-4r-€stloner$ef-1Rc? , e. 6reater-tl1.an $7500,004:04;of-gmateF ..................................... ..........--.......1 ; x2-50 l-lu ,per-;000 04-of atee-c ffasiloF?-#gar?ef-i .00 .............1-w 2. One- or two-family residential ro ecls:-bU",-per-build+ng ............................ 15.00 76.00 Plus, per $1,000.00 of value or fraction thereof._ ,. .1.00 3: For mult4"4deetlcat-single-fata4y-okwG4arnily-WUdir}g&4n4l4e sams-prejeGl-: a. First-building ....................................................................................................... 75.00 b. di9orQI4xAIdlnR%j I ..................................................................................... 4. zonir}g-ptan--mWew44DF 4'--new-one-and4wo-family; dditions74emodeMg,-w-new multifatally-ar?r?eFeialacturer-,appllsati ................................................. 5: one Fay! w; #er:-r?tjres leGated-in flood-zGne& A-or-;-pef-applisatlan-.- , -nS- 6: T-hreshGld-stfUGtUFBS, Pef--stWC4M .........................................................................:- 0,00 Lbo) Plan amendments;_Residentiaf. multifamily and commercial projects: 1. Change to permitted plans, per hour ........................................................................... 50.00 Minimum-fee .................. ............ . 0 2. Duplicate permit placards, each ........................................................................ 15,00 25-00 3. Change of contractor, per contractor ........................................................................... 25.00 4 Review replacement plans, per hour. . 50.00 5. Field reviewed Ian amendment ................................................................................ 25.00 (ed) Ce rtificates of occupancy: 1. One- or two-family dwelling, per unit ........................................................................... 10.00 2. Multifamily and commercial, per application ............................................................... 25.00 3. Conditional certificate of occupancy, per condition ............................................ 30.00 25-.00 4. Replacement or additional copy except-one--okwo-Uraily-dwelling ......................._ 25.00 a. One or two-famii dwelling 10.00 b. Multifamily and commercial. ................................................................................. 25.00 (d_e) Special Inspections- 1. Change of use or certificate of occupancy inspect ion-HRS Inspectlons per trade35.00-30:00 Maximum fee ................................................................................ .. 70.00 6040 2 2. After hours 91 weekends, per hour, per inspection ....................................................... 50.00 Minimum fee, per Inspection .....................................................................................100.00 (qf} Refunds: 1. Permits under 0.00 $34:Dt3, unless issued in error by city ................................. No refund 2. Work has commenced, or permit is over 90 days old..,......... No refund 3. All other permits ................................................................. Refund of fee paid, less $40,00 $343 O-ef?ne-ha,1(4he fee whIcheveNe gfeal8 te-)e-rstaleed-by-the,-city (fg) Permit fees: 1. Per structure, base on construction valuation of. a. 100 000.00 or less 30.00 Plus er $1,000.00 of value or fraction thereof ..................................................... 6.00 b. Greater than_ 100 000.00 but not-exceeding 500,000.00 ...................................... 630.00 Plus, per $1,000.00 of value or fraction thereof .5.00 c. Greater than 500 000.00 but not exceeding 1,000,000.00 ................................. 2630.00 Pius, per $1.000.00 of value or fraction thereof .....................................................3.00 d. Greater than 1.000,000.00........... 4130.00 lus eer-$11000.00 of value or fraction thereof 1.00 a-.---$50-,00 -:- . OF less ................................................................................................25.00 Ptas;pef -of-value-OF( faction4heTeof ......................................................6.00 b. GfeateFth t-aet-exceeWing4M,0430.00 ................................... 325- 0 Plus, peF 00.00 ef-value-er4fadjon-11hereof In-e-1. o#-?59;04f0) .............5 0 G. Gmater tha seed1ng4500-,O 2<5-04t p4us, PeF $1, .00 of lue?3f-fra6l+on-there(3f Fi-e?4seb5-442m-,o4f0 o ..............." nn d. GreateFt#?an $600-,000-.O",-but-nM-exceeding-,$M o-...... ry-"5 nn Plus, PeF $1 Ius-OF(+aGt+on-ther96fin-8X , e. Gr9&teFthan -$7504 00.00, f-gfeatBF ............................................................. an?? nn Plus.,--peF$ ;00G4*-?tua of-fraction-th4DFeoP -$7, 2. This fee applies to all tho4bQawing types of permits, with an additional costs of $30.00 per trade or oermit type for ae-noted. cGombination permits. Exception: No additional fees for _swimming pools. -subtfades{fnvoive a! least-of !he-follswing building; elect+G; plumbing, eshan1Ga1-,-FeofiPg-and$as); Building only McGhaa+ral (may-requlfe4estfi(;) Gas4m* RG4--only Aluminum st?ay-re?Ir Wrical) Aboveground-fuel -ianM Asbestos-abatement Cafpofts Davits-(may-reguife4oGtricay IDeeks Becks-(may requIr"ec#rlcay $Fiveway5 Plus-fer-rlg ht-ef-way-perml ................................................................................. . s `Ire-alarms F4FG 6 .+ppfessio"staMs Flfeplase Fenees Floods lngfeund-swimmkq-pool "al&G4eq uir"ec4riGa"nd-M u robing) f=awn-spfisklefs pafktng-tots Rem Ono 5ate41ite4sh fnnay4"ulfe-ekwAficay Seawalls SGw4ty-atafms Sld tng?s F#lt? rad-#a 5cla Sigf &4may-require-eleotfisal) Sheds Slabs Behr heatem-and--panets Spmcs (alse-requites-ekwAdsat-and-piumbing) Ww1egyoun"al4anks (FOMaval, feptacem ,"f-new-instatlalkm) Watts 4pdyasy-and-fetatfnq) (gh) Miscellaneous permits: 1. Mobile home, mobile office, construction trailer, sales trailer, etc. a. Building permit (tiedown and site placement) .............................................. 35.00 30.00 b. Electrical permit ........................................................................................ 35.00,30-00 c. Gas permit ................................................................................................. 3100-30:99 d. Plumbing permit ......................................................................................... 35.00-30M e. Mechanical permit ...................................................................................... 35.00-3"0 2. Temporary power pole, not in conjunction with combination permit ................... 35.00 30.09 3. Tent permit (may require electric) ..................................................................... 35.00 30:00 4. Demolition permit ....................................................................................................... 50.00 Plus, per square foot in excess of 1,000 square feel ......................................... ............0.05 5. House move: a. Application ................................................................................................ 50.00 4030 b. Preinspection ........................................................................................................50.00 Plus, per mile outside city ........................................................................... ............0.30 c. Remodeling permit, for setting house on lot, see subparagraph ?2l_(t)Permit fees peF Vlolation: 4- .?50;0?9 aiNe ............................................................................... .......... _ . Plus.; perms,W0a30 value-or-#fast -tiherec;t ........................................ ............ 6.^9 #I)-Greater4haa-.$60; 309kG4, 3ut-net-exseeding-5M;000:t-0 ..................... ........ Iglu . 0:0"f-va?#astloFv4hereo#-ln- xsess-o450,049:0" ..... ............ ?.^0 4lti)-Gfeat ae--S25A;08D;43?-but-aot-e?csaedlr $5a8;?30 -00. ..................x;325:-90 Plus; -p"44, 00:8)-oUvalue-er-fFaction4hereef-la-excess--of-S35", 00-0 ............... . 9 4iv}-Gf$ater-tt?aFE-$509 480?ut-not-exceeding$ 58-099 .................. ...........',312 ^^ Rlus;-pet-$#;4B4-0O?f-value-aF-#rastlofl-#l?efec?f-i?xcess? ............... :08 y-?$N50;009:00-er-gfeatO....... ............... -- ............................ Z..: ................... ..... . r. 0 Plu5,-pep$44 00:00-G"aluo-or4ractionAbereof-l"xcess-8 ............... :0fl 4 6. Swimming pool permit, aboveground pool_(for or Inalyed) ...................... 35;aa-3o,44 7-7 Rediflcalion-o"lect€ o"serr? .... .. L ZoningypedficgHgo letter, $10.00 L Pro(ect,resparch. per hour (not to exceed eight hours lthgUL c mmission opt?fovai) X25,00 (t) 2MIlding f ctal a ss ss special policy rSpesiaf-fees: 1. Work not ready for inspection (reinspection fee): a. First occurrence ......................................................................................... 3000 26-.0 b. Second or subsequent occurrence ............................................................. 75.00 t:{-00 2. Follow up on permit: a. Failure to request Inspections ............................................................ 50% of permit fee b. Minimum fee .............................................................................................. 35.00 3f?-08 3. After-the-fact permit: a. First occurrence ................................................................................... Triple permit fee b. Second or subsequent occurrence by the same contractor, any job . site to city .......................................................................................10 times permit fee 4 Filing service. fee, or notice of commencement this Is i addi ion to coon! clerk' cha es ....................................................... 5.00 (3) As used in JhLs thew fee schedules, "combination permit" means a permit for construction privileges, conditions and restrictions for two or more trades or permit tunes of a'buildinq-permit; eleoFiGal paFmlt, gas permit, mbkgFperm'eGhanisai-pemmtt; ,and-cae?ermit-?ve for which proper approval has been granted by the city and for which proper fees have been paid. Filing fees for appeals. Any applisatton-(OF aA appeal o4he nstrustto"ood-board-gf djustmen"nd appeals. f; 4" r; OF44%e-ity-somrtaissiGn-as-prtded4oNn-c4aptar-47- -shaaii-be-fifect-w1444he Wiiding-ef#isia , OOGGF riing-fee-a6-f$i48ws (1) Appeal to the construction/flood board of adjustment and appeals ............................................125.00 (2) appeal to the city manager ......................................................................................................... 50.00 (3) Appeal to the city commission ....................................................... ............aIN 426-.00 Section 22. This ordinance shall take effect on, 1 g96. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Rita Garvey, Mayor-Commissioner Approved as to form and Attest legal s Y, - ufficiency: 3Q"'4qz1- Leslie Dougall-Sim Assistant City Attorney Cynthia E. Goudeau, City Clerk 5 FEE COMPARISONS' - CASE 1 Office remodeling - Permit number 96010607 $2487 valuation of work 980 sq. ft. Building and electrical work Cost Current Proposed Increase Combination $ 98.00 $103.00 5% Plan exam $ 46.50 $49.00 5% Total $ 144.50 $152.00 5% . CASE 2 Office remodeling - Permit number 96010084 $100,000 valuation of work 5600 sq: ft. Building, electrical, and mechanical work Cost Current Proposed Increase Combination $ 660.00 $715.00 8% Plan exam $ 312.50 $340.00 9% Total $ 972.50 $1,055.00 8% CASE 3 Office remodeling - Permit number 96010013 $25,500 valuation of work 1500 sq. ft. Building and electrical work Cost Current Proposed Increase Combination $ 236.00 $241.00 2% Plan exam $ 115.50 $118.00 2% Total $ 351.50 $359.00 2% CASE 4 ` Office remodeling - Permit number 96010560 . $5,000 valuation of work 1000 sq. ft. Building, electrical, and plumbing work Cost Current Proposed Increase Combination $ 115.00 $120.00 4% Plan exam $ 52.50 $55.00 5% ;. Total $ 167.50 $175.00 4% Pinellas County Largo $98.00 $52.00 $30.00 $26.00 $128.00 $78.00 Pinellas County Largo $784.00 $475.00 $112.00 $237.50 $896.00 $712.50 Pinellas County Largo $150.00 $141.00 $30.00 $70.50 $180.00 $211.50 Pinellas . County Largo $180.00 $60.00 $30.00 $30.00 $210.00 $90.00 Book2 Page 1 1019196 FEE COMPARISONS CASE 6 Mechanical - Permit number 96010568 $3475 valuation of work Mechanical work Cost Pinellas Current Proposed Increase County Largo Combination $ 49.00 $54.00 10% $50.00 $60.00 Plan exam NIA NIA NIA NIA NIA Total $ 49.00 $54.00 10% $50.00 $60.00 CASE 6 Plumbing -. Permit number 96 010550 $750 valuation of work Plumbing work Cost Pinellas Current Proposed Increase County Largo Combination $ 31.00 $38.00 16% $30.00 $43.00 Plan exam NIA NIA NIA NIA NIA Total $ 31.00 $36.00 16% $30.00 $43.00 CASE 7 Townhouse - Permit number 96020422 $64,282 valuation of work 1280 sq. ft. Building, electrical, plumbing, mechanical, and roof work Cost Pinellas Current Proposed Increase County Largo Combination $ 555.00 $550.00 -1% $307.20 $335.00 Plan exam $ 75.00 $80.00 7% $25.60 $167.50 Total $ 630.00 $630.00 0% $332.80 = $502.50 CASE 8 Swimming Pool - Permit number 96010635 $14,340 valuation of work swimming Pool Cost Pinellas Current Proposed Increase County Largo Combination $ 175.00 $120.00 -31% $40,00 $97.00 Plan exam $ - $30.00 NIA $48.50 Total $ 175.00 $150.00 -14% $40.00 $145.50 Book2 Page 2 1019196 FEE COMPARISONS CASE 9 Roofing - Permit number 96010604 $3,500 valuation of work Roof work Cost Current Proposed Increase Combination $ 49.00 $54.00 10% Plan exam N/A N/A NIA Total $ 49.00 $54.00 10% CASE 10 New Single Family Permit number 96010675 $146,642 valuation of work 2920 sq. ft. Building, electrical, plumbing, mechanical, and roof work Cost Current Proposed Increase Combination $ 990.00 , $995.00 1% Plan exam $ 75.00 $162.00 116% Total $ 1,065.00 $1,157.00 9% CASE 11 . Remodel existing house - Permit number 96030080 $5,250 valuation of work 600 sq. ft. Building, electrical, and roof work Cast Current Proposed Increase Combination $ 121.00 ' $126.00' 4% Plan exam $ - $21.00 Total ' - $ 121.00 $147.00 21%- CASE 12 Remodel existing house -Permit number 96030180 $47,604 valuation of work 1056 sq. ft. Building, electrical, plumbing, mechanical, and roof work Cost' Current Proposed Increase Combination $ 433.00 $438,00 1% Plan exam $ - $63.00 Total $ 433.00 $501.00 16% Pinellas County Largo $30.00 $60.00 NIA NIA $30.00 $60.00 Pinellas County Largo $700.80 $616.00 $58.40 $308.00 5759.20 $924.00 Pinellas County . Largo $84.00 $68.00 $12.00 $34.00 $96.00 $102.00 Pinellas County Largo $253.44 $229.00 $21.12 $114.50 $274.56 $343.50 Book2 Page 3 10!9!86 ?U?5.4f M+'vr ? ... m ..... .. .-e M`, r...,,.ns ,, ., t« 1a. ».. ?.._.....,. ... ?.. ...w ... .. s. l... ,?... r sa, . -? .. ,{ : .... .. .. .. .. ... FEE COMPARISONS CASE 13 Cost Current Proposed Increase Reinspection fee $ 25,00 $30.00 20% Pinellas County Largo $20.00 $38,00 CASE 14 Cost Current Proposed Increase working without 3 times 3 times permit permit fee . permit fee 0% Pinellas County Largo 2 times 3 times permit fee permit fee CASE 15 Cost Current Proposed Increase Tent permit 20ft. x 40ft. $ 30.00 35.00 0% Tent permit 20ft. x 50ft. $. 30.00 $ 35.00 0% Pinellas County Largo $ 40.00 $ 50.00 $ 50.00 $ 50.00 ' Book2 Page 4 10!9196 ?1 4 ?Y,ypliw.??y.. t•.d?..WJw?Yd'4fJn..-+.. .. . ? a... ... ... .-<... . .I...w • 3 Item 0 Clearwater City Commission Meeting Date: Agenda Cover Memorandum lo•I79L SUBJECT: City Hall Renovations RECOMMENDATION/MOTION: Transfer $500,400 from the Creative Beers construction project account and $15,800 from projected funding to Rowe Architects, Inc. to City Hall Renovations project fund. ? and that the appropriate officials be authorized to execute some. BACKGROUND: City staff recommends that the renovation work for City Hall be managed by the City0s Building and Maintenance staff. This will provide greater flexibility in relocating City Hall employees during the construction work. It is also felt that this is the best method to accomplish the repairs necessary for a 3-5 year temporary renovation project. City staff members are in the process of writing the specifications to secure bids so that the work can be scheduled. Bids that are received in excess of $25,000 will be presented to the Commission for approval. Creative Beers and Rowe Architects, Inc. have complied with the City staff request to deduct these funds from the Phase 10 construction project. The first quarter budget amendments will provide for the transfer of $515,800 from project 315-94602, Municipal Services/Public Safety and Police Complex to establish a new project 315-94605, City Hall Renovations to fund this project. Reviewed lay: Originating Dept: Cos ; NIA Commission. Action: Legal City manager Total O Approved Budget Purchasing N - \ 1 # 13 Approved 4/conditions Risk ligmt. NIA User Dept: Current F scan Yr. O Denied cis MIA ACFI Funding Source: 13 Continued to: other X Capital Imp. Advertised: i] Operating Attachments: Date: E3 Other Paper: ® N R i d equ ot re Submitted . Affected Parties II Appropriation Code: None Notified 315.94605-5xxxxx-514 i ® Not Required t ana C V OCT. 14. 19% W:41lgM P 2 FROM : FLEET MINT PHONE NO. : 913 462 6457 Change in scope to i:jearwater City Hall Renovations 1. xn general the changes .in scope include the following: 1. The stair tourer anti exit corridor are being omitted. 2. A fire sprinkler allstem and fire pump need to be added. 3. The proposed?axit .from the south stairwell is to be omitted. 4. The glass enclosur-as for the second floor catwalk are to be included. 5. The fire rating of both of the existing stairwells is to be one hour. 6. The proposed entra.ica ramp is to be omitted. 7. Modifications to tie proposed floor plans in the City Managers Area and the Legal Department are needed and shown on plans. 8. Modifications to tie communication closets and the third floor computer roaxi are needed. 9. New locations for alectrical circuits, T.V. and communications connections ara required and shown on plans. 10. An additional earsad opening is required in the Human Relations area. IT. First Floor: 1. The existing A.D.A. ramp will be used. The proposed ramp shown, on the drawings is to be omitted. 2. The proposed exit tram the south stairwell is to be omitted .and the fire ratin5i on the north stairwell is to be changed from two hours to one hour. 3. A three toot wide cased opening is to be provided in the north wall of room 5106. (see drawings) 4. New locations for electrical circuits, T.V. and communications conieetions are required. As indicated, the additional electrical circuits are to be 125 volt, 20 amp and to have isolated grounds. I 33 FROM : FLEET MR I NT OCT. 14.1996 10:42AM P 3 PNQNE No. : en 462 6457 5. The following specifications have been provided for the communications 010.38t: A. At least two duplex receptacle electrical, circuits. Each 125. volt 20 amp with isolated ground. 8. overhead ligh':s are required. C. Air candition[ng vent is required D. Louvered doora are required. E. Cat 5 patch p-inel 96 port. F. Termination far all cat 5 cable on this floor. Dual drops at all work stations with 10 ft. patch cables. G. 84" rack with cable miders. H. Phone plus 2 additional Rill jacks. 1. Cat 5 patch cables. J. Conduit to senond floor communications closet. 111. Second Floor: 1. The glass enclosures for the catwalk are to.be included. 2. The fire rating on the north stairwell is to be changed from two hours to one hour. 3. New locations for electrical circuits, T.V. and communications conrlecticne are required. As indicated, the additional electrical circuits are to be ?25 volt, 20 amp and to have isolated grounds. 4. The following spec;.fications have been provided for the communications cl.onet: As At least two duplex receptacle electrical circuits. Each 125 volt 20 amp with isolated ground. 8. Overhead lights are required. C. Air,condition!.ng vent is required D. Louvered doorti are required. E. cat 5 patch psinel 96 port. 3,3 OCT. 14, 1996 10:42PM P 4 FROM : FLEET MA i NT PHONE NO. : 613 462 6457 F. Termination for all cat 5 cable on this floor. Dual drops at all work stations with 10 ft. patch cables. G. 8411 rack with cable hiders. H. Phone plus 2 additional Rill jacks. 1. Cat 5 patch cables. J. Conduit to third floor conputer room. IV. Third Floor: 1. The exit corridor and stair tower are to be omitted. 2. The fire rating on the north stairwell is to be changed from two hours to one hour. 3. New locations for electrical circuits, T.V. and communications connections are required. As indicated, the additional alectril:al circuits are to be 125 volt, 20 amp and to have isolated grounds. 4. The glass wall on the south end of room A314 is to be r removed. (City Managers Reception Area) 5. The existing aonficluration of rooms 305 B-R, 316 A-R, 316 B-R, 301 A-R, 301 H-R, 316 and 317 A-R are to remain as they are. The sink and millwork in room 317 A-R are to be removed as planned. E 6. The following rooms are to be expanded to include portions of the deleted exit: corridor: A. T.V. production room. (B316) B. Legal Departmclnt workroom. (B314) C. Legal offices B313 and B320. 4. The following speci.fiaations have been provided for the third floor computor room: A. At least four quad receptacle electrical circuits. Each 125 volt 20 amp with isolated ground. B. Cat 5 patch pi.nal 96 port. C. Termination for all cat 5 cable on this floor. Dual drops at all work stations with 10 ft. patch cables. FROM : FLEET MAINT 33 OCT. 14.19% 10:4 4 P 5 PHONE NO. : 813 462 6457 D. 84" rack with oable raiders. E. Phone plus 6 additional ft.TU jacks. 1. F. Cast 5 patch c ibles. . G. Twelve UTP c€.t 5 cable lines to second floor patch panel. H. Twelve UTP cat 5 cable lines to first floor pntoh panel. f V.'Fire Sprinkler system: 1. An.estimate of app::oximate].y $70,000 has been received by city staff for the sprinkler system and fire pump. Mis estimate does not :include patching or repair of building components required. due to the installation of the fire suppression systemt:. This estimate also exoludas the costs associated with an;? asbestos abatement required for the installation. Note: If the fire s-Appression systems are bid first and installation pl::ns obtained early, the asbestos abatement required may be more efficiently coordinated with the needs of other trades. i! CX 1 3 CITY OF CLEARWATER Interdepartmental Correspondence ITO: Mayor and Commissioners FROM: Cynthia E. Goudeau, City Clerk) i SUBJECT: 1997 Legislative Package COPIES: Elizabeth Deptula, City Manager Pamela K. Akin, City Attorney DATE: October 10, 1996 Attached are the issues Departments requested be in our 1997 Legislative Package.' They are in no. particular order. They will be grouped together and prioritized when the package is finalized. Also attached is information regarding issues brought up by Largo at a round table discussion with Senator Toni Jennings, . President-Designate of the Florida Senate. The Mayor submitted this information for discussion purposes. If you want these or other issues in our package, please let me know at Monday's Work Session, I will make the changes directed at Work Session and place the package on the October 17, 1996, Agenda for approval. If approved, I will present the package to the Legislative Delegation at its Public Hearing on November 12, 1996, at the Harborview Center. I am also providing a copy of this packet to our lobbyists for their input. City of Clearwater 1947 Legislative Progrun Issue: Recycling Grant Efforts were made during the 1996 legislative session to abolish the recycling grant and divert the funds to aquatic weed control. Although the recycling grant was only planned for five years, it has been in place for seven. and should be continued at least for another five years. City and county recycling programs are still young. They are established and operating well but are not yet enough of a "habit" to transition into the "sustaining stage". Much education, promotion and market development is yet to be done if recycling programs statewide are to survive. Many programs are not strong enough to continue without state grant support. Better markets for plastics, steel cans and glass are needed. State grant funds should continue to be provided for support of local programs and market development. Continuing the state grant for another five years or even phasing it out over five or more years: Allows time before market development. Allows time to building sustaining levels of operation and participation (habit). - Allows a gradual transition of needed positions into the permanent work force. Gives smaller cities and counties a progressive and gradual way to transition operating costs into the rate base. Maintains state emphasis and support that is needed. Supports higher goals. Support the continuation of the State Recycling Grant and oppose any effort to abolish the grant and divert the funds to other projects. Contact: Bob Brumback, Solid Waste Director (813) 462-6657 City of Clearwater 1997 Ugisladve Program Issue: Solid Waste Collection, Disposal & Recycling S.ackground: Legislation now limits the extent that local governments can control the flow of recovered materials (recyclables) generated within their jurisdiction. A city, or franchised area relies upon the economics or scale within their boundaries. Unlike an unfranchised or unlimited boundary system, a city can not expand its routing territory to achieve these economies. Legislative infringement upon a municipality's ability to maintain a cost-effective solid waste collection system seriously hampers a municipality's fiscal responsibilities to its citizenry. The city is supportive of recycling efforts and is supportive of businesses who recycle their own materials; however, random placement of containers within our city by private companies only degrade the cost effectiveness of solid waste collection and serves to raise the cost of providing these services to citizens. When controls that the city might have over the recovered materials (recyclables) in its commercial waste stream were removed, it set up a situation wherein private recycling companies can enter the city and siphon off the valuable recyclables. This strips income from the recycling program that would benefit all citizens and keep the cost of recycling at a lower level. Efforts are also being made to expand the definition of "recovered materials" to include food waste and construction and demolition materials (C&D). The designation of these items as recovered materials would strip away municipal control of the entire waste stream and limit the municipality's legal authority to meet its responsibility to insure the public health and safety. $gquest Action: Oppose solid waste legislation which would further weaken home-rule powers and restrict a municipality's right to regulate the collection and disposal of residential and commercial refuse within the City. In addition, given the flow-control restrictions imposed by the 1993 changes to the Solid Waste Management Act, oppose any legislation which would impose higher recycling mandates upon cities until a reliable reporting and accounting system is in place and sufficient data collected and evaluated to determine the impact of recent flow-control legislation City of Clearwater 1997 Legislative Program upon local government. Oppose efforts to expand the definition of "recovered materials." Contact: Bob Brumback, Solid Waste Director (813) 462-6657 yet ;ie }• F • pr {4 ?' Y City of Clearwater 1997 Legislative Program Issue: Bridge Funding Background: Florida Department of Transportation's bridge and roadway work program does not contain adequate funding to allow prioritized replacement of a" functionally obsolete structure. Therefore, a highly ranked, functionally obsolete bridge has little or no chance to compete with a much lower ranked Structurally obsolete bridge. Within Clearwater, Memorial Causeway Bridge has been classified as a functionally obsolete structure. Clearwater has designated replacement of that bridge as their #1 transportation issue. Requested AcIlon: ,. Propose funding also be allowed for functionally obsolete bridges. Contact; Rich Baier, City Engineer (813) 562-4780 City of Clearwater 1997 Legislative Program la=-. Solicitation at Polls Background: The election law allows solicitation within 50 feet of polling places if done in a "designated' solicitation area:-" The law 'does not regulate activity outside the 50 foot area. This has caused confusion, and places an unnecessary burden on the poll clerk and poli deputy. Also, more complaints regarding the proximity of the solicitors to.the polls are received from voters than any other activity occurring on election day. Requested Legislative Action: Support legislation that would amend F.S. 102.031(3)(c) to prohibit solicitation within 50 feet of a polling place. Contact: Cynthia Goudeau, City Clerk (813) 462-6684 City of Clearwater 1997 Legislative program lMsL. Advertising Public Hearings 1ackoround; Current: law contains various requirements for notification of public; hearings. Among those requirements is the placement of legal ads in a newspaper of general circulation. In our surveys, we have found few that rely on these legal ads for their information. Most people are aware of the public hearings due to the notices mailed to property owners within so many feet of the subject property or the posting of a notice on the property. Due to the need to control cost, many cities have placed their required advertising in the paper that meets the minimum legal requirements at the lowest rate, not the paper that has the greatest circulation. Amend advertising requirements to allow alternatives, such as direct mail of notices and posting of property, in lieu of placing advertisements in newspapers. Contact: Cynthia Goudeau, City Clerk (813) 462-6684 Cky or Ckirw iwr 1997 U&Adve Progmm Issue: Alternative Fuel Vehicles Background: The National Energy Policy Act of 1992 required the implementation of programs to lessen the national dependence on traditional fossil fuels by encouraging the conversion of vehicle fleets to alternative fuels. The Federal Department of Energy (DOE) is currently implementing this policy in a phased approach. Directives have already been issued for Federal and State Fleets. Initial target areas were the Metropolitan Primary Nan-Attainment Areas which included the Miami/Ft. Lauderdale/West Palm "Florida Gold Coast" MSA area, but did not include the Tampa Bay/St. Petersburg "SunCoast" MSA area. The DOE is currently reviewing the requirements for the second target group, Municipal Fleets and Fuel Providers. A proposed third future target group would be Private Fleets. The State Department of Community Affairs (DCA) has been charged with carrying out the Governor's Alternate Fuel directives in Florida. A SunCoast Clean Fuels Committee was formed in 1995. The Mayor of Clearwater and the Assistant Director of CGS/Gas Marketing & Planning are members of this Committee. CGS and the City of Clearwater applied unsuccessfully for a DCA Alternative Fuels grant in 1994. At the present time, the DOE rules being considered would not require our fleet conversion clue to the size of our fleet for either the City as a whole or CGS as a Fuel Provider. We support the economic conversion of fleets with consideration for both the vehicles and the fuel compressors/dispenser facilities. At the present time we have not been able to justify conversion of the City or CGS fleets unless the cost of vehicle conversion and fuel cylinders is reduced, their * is additional Federal/State subsidization, and/or there are broader requirements of conversion of fleets so as to support the required fill station infastructure. Requested Action: Support any State or Federal proposals to provide financing, favorable tax treatment, or other programs to encourage the economical conversion of government and private fleets to natural and/or propane gas. Contact: Chuck Warrington, Managing Director & Executive Officer, Clearwater Gas System, (813) 462-6630, Extension 244 or Jim Lewin, Asst. Director of CGS/Gas Marketing & Planning 462-6340 or Lou Farquhar, Gas Sales Manager/Gas Marketing Engineer 462-6340 Cky of Ckamter 1997 LegWadve Progmm Issue: Municipal Right to Expand Utilities Background: In the 1995 Legislative Session, Florida Power & Light Company (FPL), Florida Power Corporation (FPC), and the Florida Electric Cooperatives Association proposed legislation aimed at precertifying territories in the State of Florida, so as to limit municipal rights to expand their utility systems. Passage of any bill like this could limit our rights in the future, and be contrary to the National Gas Policy Act (NGPA), which was designed to provide increased competition in the utility industry. Passage of a bill like this could also severely impair our ability to negotiate a franchise in the future. Requested Actions Oppose any legislation which would limit municipal rights to expand their utility systems, should the investor-owned electric utilities and/or electric cooperatives again propose legislation aimed at precertifying territories in the State of Florida. Contact: Chuck Warrington, Managing Director & Executive Officer, Clearwater Gas System, (823) 462-6630, Extension 244 MY of aeamwr 1997 Legisladve Pm1mm Requested Action: Oppose any legislation, which may be proposed by counties/cities which do not operate electric and gas utilities, which may seek to remove the a municipal udlity'.s tax exempt status or otherwise propose to require ad valorem tax payments on municipal utility systems operating outside their municipal boundaries. Contact:' Chuck Warrington, Managing Director & Executive Officer, Clearwater Gas System, (813) 462-6630, Extension 244 Issue: Ad Valorem Taxes Outside of Municipal Limits Background: Several years ago Brevard County. made an attempt to collect ad valorem taxes from Orlando Utilities Commission (OUC) for the OUC power plant property and facilities that were located in Brevard County which provided electrical generation for customers in the Orlando area. This was found to be against State Statute by the Florida Supreme Court. Since then there have been several veiled threats that one day the counties/cities which do not operate electric and gas utilities may propose legislation to require ad valorem tax payments on municipal utility systems operating outside their municipal boundaries. Such legislation would be designed to remove the tax exempt status of a municipal electric or gas system when operating outside of their municipal borders, This would be of great concern to CGS since we serve 12 other municipal areas (under franchise/ intergovernmental agreements) and two (2) county areas (with no franchise agreements;- however, Pasco was granted by Florida Public Service Commission territorial dispute settlement). Cky of Clearwater 1997 Legislative Program Issue: Construction Industry Licensing Board (CILB) Background; Since 1994, the CILB (which represents the interests of the plumbing industry in Florida) has been holding hearings and proposing administrative rule changes and/or legislation in an effort to remove the municipal exemption, as well as the exemption of utility companies in general, to work on facilities on the customer's property beyond the right- of-way. The aim of such a change is economic in nature as it would attempt to require utilities to employ licensed contractors to do work within the customer's property and premise. The Florida Natural Gas Association (FNGA) has'taken a very aggressive role in this rule-making activity together with the Florida Public Service Commission (FPSC); however, should this fail and the CILB desires become administrative rule, it may take legislative intervention to fix what the CILB is in the process of attempting to break. The CUB may even initiate legislative activities to attempt to achieve their objectives. This is of more concern to the gas utilities as we typically do inside housepiping within the customer's home, inside commercial piping, and inside service work. This is not typically the case in the electrical utility case, as historically electricians have provided inside wiring installation and repair. Requested Action: Oppose any legislation or administrative rule change which may be proposed by the CILB in an attempt to remove the municipal exemption, or the exemption of utility companies in general, to work on facilities on the customer's property beyond the right-of-way and/or otherwise limit the gas industry's ability to provide inside piping installation and repair services for our customers. Contact: Chuck Warrington, Managing Director & Executive Officer, Clearwater Gas System, (813) 462-6630, Extension 244 or Terry Neenan, Asst. Director of CGS/Gas Supply & Operations 462-6630 x243 City of Ckarmter 1997 Ughladve Program Issue: Professional Engineering (PE) Exemption Background: 't'here have been several proposals in past years from -the private engineering interests to enact rule changes and/or legislation to remove municipal and other governmental exemptions so as to require the sealing by a PE of engineering work performed by municipal and other governmental engineers/designers for engineering work on in public .. properties and rights-of-way. The aim of such an administrative rule- making activity or legislation is economic in nature and would attempt to require governmental entities to employ registered engineers or hire engineering consultants to certify all public engineering work. We would expect the FNGA, the FMNGA, and the League of Cities to take an aggressive role in any such rule-making activity should it materialize. Requested Action: Oppose any legislation which would remove our municipal exemption or otherwise require the sealing by a PE of engineering work by the City for work on public properties and/or in public rights-of-way. Contact: Chuck Warrington, Managing Director & Executive Officer, Clearwater Gas System, (813) 462-6630, Extension 244 Rich Baier, City Engineer, (813) 5624780 City of CIesm-ster 1997 Lesislative Program Issue: Public Service (Utility) Tax Fuel Cost Exemption Background: Florida Statute 166,231(b) limits utility taxes by excluding "all increases in the cost of utility services to the ultimate consumer resulting from an increase in the cost of fuel to the utility, subsequent to October 1, 1973". This rule was enacted at a time when fuel costs were escalating, and the State was attempting to limit a windfall by municipalities resulting from the tax on this added fuel charge. It is interesting to note that the State did not similarly limit the windfall which resulted from the State sales tax on this same fuel cost increase. The affect of this is to reduce the 10% utility tax limit for electric and gas service to an effective rate of about 7%. There are three (3) reasons why this exemption should be removed: a. The fuel cost changes which originally precipitated this rule have been stable for a number of years now, b. This exclusion is very difficult to calculate in the billing formulas and makes it difficult to explain to the customer how their utility tax rate is computed, and c. This could effectively increase the utility tax for municipalities from electric and gas revenues by about 3%, which could reduce the need for ad valorem tax increases. The Florida League of Cities (FLC) proposed such legislation in the 1996 Session as a part of a bill to increase the flexibility of municipalities to exempt industrial customer loads from utility taxation for economic development. This bill was proposed by DuVal County, and the economic development exemption flexibility was successfully enacted during the 1996 Session; however, the issue to remove the Fuel Cost Exemption was dropped from the bill. The leadership of the FMNGA has since met with Mike Sittig, FLC Executive Director. We believe that the importance of this change is now better understood by all, but we now need to look for another opportunity to propose such a change. It should be noted that we do not expect the non-municipal utilities to favor this as it would add taxes to their energy bills. Such legislation could tie to an initial reduction in the utility tax maximum rate, with it later allowed to be raised by local action. This is simply outdated legislation which is unduly difficult to administer and for the public to understand. Requested Action: Support legislation to eliminate the utility tax fuel cost exemption. Contact: Chuck {Warrington, Managing Director & Executive Officer, Clearwater Gas System, (813) 462-6630, Extension 244 City of clamter 1997 LegislWve Progmm Issue: By-Pass of Municipal Utility Tax and Franchise Fees Background: As the electric and natural gas utilities are "unbundled" by the Federal Energy Regulatory Commission (FERC) and the Florida Public Service Commission (FPSC), the rules which cover municipal and State taxation become increasingly cloudy. Out-of-State energy marketers maintain that the electrons of electricity and molecules of natural gas which are transported from outside the State to the ultimate customer are exempt from utility tax, franchise fees, and State sates tax. This is an issue which is critical to municipalities as it has the potential to strip or "by-pass" about half of all of the utility revenues from application of taxes and franchise. The basic argument is that the utility tax can only be collected from the utility for the transportation services component of the bill which they render, but the marketer or producer of the gas is outside the jurisdiction of the utility tax law. We understand that the City of Lakeland is currently contesting this with Peoples Gas System and their marketing subsidiary Gator Gas. We also understand that this is affecting significant revenues in the Jacksonville area, This problem will soon expand beyond the natural gas utility area (which experienced unbundling legislation at the Federal level in 11193) and will begin affecting the electric utility industry which is currently undergoing Federal unbundling legislation. The FPSC has a docket on natural gas deregulation in process with a target date of April 1, 1997, for implementation and a FPSC electric "retail wheeling" docket seems eminent. This could render a Florida Utility potentially less competitive if they are held accountable for such taxation versus an out-of- State energy marketer. This is not unlike telephone utility taxes and franchise where only the local repetitive service is taxable and the long distance services by-pass the local governmental entity for taxation. The Florida Department of Revenue (FDOR) must be encouraged to take an active role in this as State sales tax, revenues are also at risk. The FNGA and FMNGA are active in the FPSC unbundling dockets and the FMNGA and FPSC have expressed support for this municipal concern. We need increased support and involvement of the FLC and the FDOR. Requested Action: Support legislation which serves to insure that municipalities are not by- passed on utility taxation andlor franchise fee authority due to recent and coming deregulation of the natural gas and electric industries. This could seriously jeopardize municipal taxation in the next decade if not addressed. Contact: Chuck Warrington, Managing Director & Executive Officer, Clearwater Gas System, (813) 462-6630, Extension 244 City of Clearwater 1997 Legislative Program Usue: Background: One-Call Bid Legislation Strengthened one-call legislation was passed in the 1996 Legislative Session; however, this needs to be continuously. strengthened to cover all who dig. There are still a number of exemptions and certain utilities which are still exempt from belonging to this Statewide notification network. Requested Action: Support legislation which improves enforcement of the requirement to obtain utility locations before digging. Efforts are underway at both the Federal and State level to pass more stringent legislation to require proper notification of the intent to dig by all parties. The American Public Gas Association (APGA), the American Gas Association (AGA), the FNGA, and many other utility groups are very supportive of such legislation. Contact: Chuck Warrington, Managing Director & Executive Officer, Clearwater Gas System, (813) 462-6630, Extension 244 or Terry Neenan, Asst. Director of CGS/Gas Supply & Operations 462-6630 x243 City of Clearwater 1997 L, gWadve Program Issue: Open Records of Municipal Utilities Background: Municipal utilities compete today on the same playing field with private and investor-owned utilities and a myriad of independent marketers. In order to compete in this "new world" the municipal utility must be able to protect its customer records and marketing intelligence in order to play on a level playing field with the growing competition. Recently CGS spent six (6) months and considerable resources to perform a market survey of a potential service area only to be required under "open records law" to turn the study over to a competitor who requested same so that they could propose a similar plan. This is blatantly unfair and anti-competitive. Likewise, our customer records are open to the competition. In the future we will increase the marketing sensitivity of this data by incorporating appliance data and survey results. This is valuable data which costs a considerable amount to obtain and organize, and must be protected. Requested Action: Support legislation to exempt competitive municipal utility marketing and customer data from the "open records" provisions of the Florida Sunshine Laws. Contact: Chuck Warrington, Managing Director & Executive Officer, Clearwater Gas System, (813) 462-6630, Extension 244 or Jim Lewin, Asst. Director of CGS/Gas Marketing & Planning 462-6340 t i City of Ckarweser 1497 LeSidladve t'rogmm Usue: Natural Gas Unbundling in Florida Background: The Florida Public Service Commission (FPSC) has opened Docket No, 960725-GU to consider how to most effectively restructure the regulation of natural gas in Florida to give the customer the most "choices" in the purchasing of natural gas supply and services. The principal issue here is the separation of the gas commodity sale from the gas delivery function of the traditional gas utility... This .is in follow-up to the Federal Energy Regulatory Commission (FERC) Order No. 636 which began to formally deregulate the merchant function nationally in 1993. The FPSC currently only has authority to regulate the investor-owned utilities in this regard; however, from a practical perspective, this will restructure the expectations of customers throughout Florida for the municipal utilities as well. Therefore, we must carefully monitor the progress of this docket and prepare ourselves to thrive in the eventual increasingly unbundled world. The FNGA and FMNGA is heavily involved in monitoring this docket. Requested Action: Be prepared to support the municipal utility positions which will develop as this FPSC docket proceeds. Contact: Chuck Warrington, Managing Director & Executive Officer, Clearwater Gas System, (813) 462-5630, Extension 244 or Terry Neenan, Asst. Director of CGS/Gas Supply & Operations 462-6630 x243 I 1 City of Clearwater 1997 legislative Program Issue: Clandestine Videotaping Background: During the 1996 Legislative Session the Clearwater Police Department worked closely with Representative Morroni to have legislation passed that would prohibit the clandestine videotaping of children and others when there was a reasonable expectation of privacy. This effort was the result of actual occurrences on Clearwater beach where an individual was videotaping people in the restrooms. Unfortunately, the provision was removed at the last hours due to objections by a department store chain that was unaware the concerns they had regarding the ability to monitor their fitting rooms had been addressed. It is expected Representative Morroni will re-introduce the bill in the 1997 session. Requested Action: Support legislation that would prohibit the clandestine videotaping of children and other when there is a reasonable expectation of privacy. Contact: Lt. J.L. Patterson, Police Department (813) 462-6152 City of Clearwater 1997 Legislative Program Issue: Distinctive uniforms and vehicle markings for private security officers Background: The rapid growth of the private security industry both nationwide and in the Tampa Bay area has led to a proliferation of private security officers in a wide variety of uniforms and marked vehicles. In addition to the many commercial firms that provide contractual security services, both of our malls and other commercial and private organizations have their own highly visible security forces, as do some of our apartments and condominium complexes. At the same time; we have many tourists and visitors in the area, as well as many new residents each year. Those people are not familiar with the uniforms and markings of the local police departments and sheriffs offices. And the distinction between private security and police officers makes a considerable difference in the obligation of citizens to submit to their authority. Requested Action: Legislation prohibiting private security officers from- wearing uniforms or operating motor vehicles that are similar to those of the local law enforcement agencies. Contact: Lt. J.L. Patterson, Police Department,-(813) 462-6152 City of Clearwater 1997 Legislative program lama: Handicapped Parking Permits The current system for issuing handicapped permits encourages misuse of the permits. Applicants for the permits must present a certification of disability signed by a licensed physician that says the driver suffers from one of seven specific physical disabilities. Critics of the system point to several flaws, such as, too easy to get a physician's certification, lack of proper verification by the DMV of the motorist's disability certification, poor policing of illegally displaying someone else's permit and lack of education/communication about the penalties of abusing the system. As a result of this fraudulent activity, there are fewer parking spaces available, especially for those who truly are handicapped, as well as a loss of parking meter and citation revenue. Amend Section 320.0848(6), F.S., to require a photo identification system (similar to the State Driver's License) on each permit, establish stricter guidelines to review all physician certifications to ensure they are legitimate, involve the medical community to understand the extent of the abuses, raise the fine from $105 to $500 for illegally using a permit and educate the public about these abuses by adding information in the State Driver's Handbook. ontact: Rich Baier, Engineering Director (813) 562-4780 Co of Clearwater 1497 Ugislatlve Program 1ssUe: Fish and Wildlife Action Plan: Increase Enforcement of Environmental Regulations on Tampa Bay Efforts by the Tampa Bay National Estuary Program to protect Tampa Bay's diverse fish and wildlife resources have focused largely on establishing optimum water quality and habitat environments. However, increased enforcement of existing environmental regulations to minimize impacts associated with fishing, boating, and foot traffic. in bird rookeries, is also a key priority of the Program's strategic blueprint for the bay. The Salt Water Fishing License Rule, enacted in 1989, was established to identify and collect a user fee from saltwater anglers for the conservation and management of fishery resources. It stipulates that marine research and marine enhancement/habitat restoration shall each receive not less than 30 percent of the revenues collected, and that no more than 30 percent be allocated for marine law enforcement {with no minimum established}. Over the past five years, statewide allocations for marine enforcement have averaged about 20 percent, two-thirds of the 30 percent maximum allowed. It is expected that increased enforcement of the bay's fisheries and environmental regulations will improve protection of fish and wildlife, as well as the habitats they depend on. Efforts to bolster enforcement also send a message to resource users and anglers that existing regulations are important, and that the quality of the public's natural resources won't be sacrificed for the illegal actions of a few. Support increased enforcement of environmental regulations on Tampa Bay by revising the Salt Water Fishing License Rule to require that 30 percent of the revenues collected be allocated for marine law enforcement, and that allocations to individual districts more closely correspond to the amount of revenues collected from a region. Contact; Tom Miller, Assistant Director of Engineering/Environmental 1813? 562-4749 City of Clearwater 1447 Legislative Program Issue: Bay Habitats: Require Mandatory Education for Recreational Boaters More than 700,000 recreational boats are registered in Florida, with about 100,000 of those in the tri-county Tampa Bay region. In 1994, there were 1,017 boating accidents and 74 boating fatalities in Florida. Increasing boating activity also has led to extensive damage and destruction of marine habitats, and killed or injured manatees, sea turtles and other marine animals. Studies by the Florida Department of Environmental Protection (FDEP) estimate that more than one-third of the 25,000 acres of seagrasses in Tampa Bay are scarred as a result of boats that carve through shallow grass flats or run aground and dredge their way free. It is believed that trained and informed boat operators will result in fewer boating accidents and may result in decreased impacts to shallow water habitats and marine animals. Support statewide legislation to require mandatory education of boaters in order to improve boating safety, increase environmental awareness and reduce destruction of bay habitats. The proposed legislation will require boaters to complete an approved boating instruction course or pass a course equivalency exam to operate vessels of 20 hp or more. The education requirements will be phased in. Under the proposal, affected boaters must have completed the course before operating a boat in state waters. Exemptions are provided for boats operated on private lakes or ponds, or persons licensed by the Coast Guard. GQntact: Tom Miller, Assistant Director of Engineering/Environmental J813) 562-4749 City of Clearwater 1997 Legislative Program W%W: High-Mast Lighting: Operating and Maintenance Cost Bmkaround• Local municipalities are responsible for the operating and maintenance cost associated. with high-mast lighting when they are on a facility which is not declared a limited facility. The City of Clearwater has experienced situations in which Florida Department of Transportation has handled a roadway as limited access for some purposes, but not for ascertaining' who would be responsible for operating-and maintenance cost. Support legislation that requires once a roadway is treated as a limited access facility, it be so classified for all purposes. r4nIaw: Rich Baier, City Engineer (813) 562-4780 City of Clearwater 1887 Legislative Program Y Issue: Notice of Commencement for construction projects over the value of $2,500.00 Background: Florida Statute 713 requires building departments to collect and file a certified copy of the Notice of Commencement for construction projects with a value over $2,500.00. The purpose of this notice is to inform sub-contractors, etc. of the responsible parties for the fin of the construction. Unfortunately, this provision also states city inspectors can not perform an inspection of the project until the notice has been filed. This results in many smaller renovation projects being completed without timely inspections. Requested Action: Support legislation that removes the requirement that a Notice of Commencement be fled prior to inspections being able to be made. Contact: Victor C. Chodora, Building Administration, Central Permitting (813) 562-4587 Y City of Clearwater 4997 Legislative Program Issue: Community Redevelopment Act Background: Chapter 163 (specifically, 163.330 - 163.450) of the Florida Statutes (the "Community Redevelopment Act of 1969") contains numerous references that create an unfortunate emotional response among affected property owners when the Act is applied. Specifically, "slum and blight" language in the Act. Such references were standard planning jargon at the time of adoption of the Act, but are generally not used at the present time and are considered outmoded or throwbacks to the time of urban renewal programs of the 1960's and 1970's. Considerable controversy could be taken out of this excellent local redevelopment tool by replacing references to "slum and blight statements" with "determinations of redevelopmental necessity", for instance. Requested Action: Propose legislation that would change "slum and blight" throughout the Community Redevelopment Act (F.S. 163.330-163.450) to "determinations of redevelopment necessity". Contact: Scott Shuford, Central Permitting Director (813) 562-4584 MX. - City of Clearwater 1997 Legislative Program Issue: Annexation of Enclaves Background: Recognizing that enclaves can create significant problems in planning, growth management and service delivery, Florida Statute Sec. 171.046 declares "it is the policy of the state to eliminate enclaves." In order to facilitate this policy, Sec. 171.046(2)(a) allows annexation of enclaves of 10 acres or less into the most appropriate incorporated jurisdiction by interlocal agreement with the County having jurisdiction of the enclave. The City of Clearwater has approached Pinellas County to pursue such an interlocal agreement. Pinellas County has refused to agree to any interlocal agreement that would eliminate enclaves. Therefore, the City believes Sec. 171.046 should be amended to provide additional municipal options for annexation of enclaves when interlocal agreements can not be pursued. Requested Action: Propose legislation that amends Sec. 171.046 as follows: 171.046 Annexation of Enclaves - - (1) The Legislature recognizes that enclaves can create significant problems in planning growth management, and service delivery, and therefore declares that it is, the policy of the state to eliminate enclaves. (2) In order to expedite the annexation of enclaves of 10 acres or less into the most appropriate incorporated jurisdiction, based upon existing or proposed service provision arrangements, a municipality may: (a) Annex an enclave by interlocal agreement with the county having jurisdiction of the enclave; or (b) Annex an enclave with fewer than 25 registered voters by municipal ordinance when the annexation is approved in a referendum by at least 60 percent of the registered voters who reside in the enclave; Qr (c) Annex an enrJave or enelugss.gosistion of s=ratQ lots gr parr&ls l8 itbifi a platted subdivision that basAlle „malg„rity of its lots or-parcels previously. Incor rated into the munici all : or #) Annex any enclave witbin a.munidpal planning-area. sQNlc? arAa s2 unic(P21 mr(ay am (as_defrned in chap create by interlocal agreement: or (g) -- Annex any nQ13[e5jdpntia1y developed aclaye, (3) This section does not apply to undeveloped or unimproved real property, Contact: Scott Shuford, Central Permitting Director (813) 5624584 City of Clearwater 1W? Legislative Program Issue: Allowing local governments to accept credit cards as payment for traditional government services. Defining traditional government services to include utility bill, permitting fees and user fees. Background: Currently, Florida statue provides that governments have to charge the same price for traditional government services to all customers. The Attorney General has said that the discount or fee paid on credit card transactions must be passed on or added to the credit card transaction. However, Visa and Master Card have taken the firm view that they will not allow this fee to be paid by their customers. Requested Action: Change state law to specifically state that credit card can be accepted for payment .for all governmental fees and. recognize the credit card fee as a cost of doing business. Contact: Steve Moskun at (813) 5624532 City of Clearwater 1997 Legislative Program ISSUE: Risk-Based Corrective Action for environmental assessment and contamination remediation Background: In 1995 the American Society For Testing Materials (ASTM) adopted a Standard Guide for Risk-Based Corrective Action Applied at Petroleum Release Sites, document designation E 1739-95. Several years earlier ASTM developed two other guides regarding Phase 1 and 2 Environmental Site Assessment. These three standards developed by ASTM have been adopted by the U. S. Environmental Protection Agency (EPA) and most state environmental regulatory agencies. ASTM has formed a committee on Sustainable Restoration of Brownfield Properties to write technical and environmental policy standards addressing economic and societal problems caused by environmental issues. Risk-Based Corrective Action (RBCA) is a process of assessing and quantifying risk from environmental pollutants. RBCA seeks to produce cost effective restoration of contaminated sites with minimal risk to human health. ASTM's stated goal is to provide a community participation framework that will incorporate technical protocols for Risk-Based Corrective Action for the social, economic and aesthetic needs of a community. The State of Florida Department of Environmental Protection (DEP) recently adopted a ground water contaminate standard that allows one additional case of cancer per 1,000,000 cases. There are no site specific, contaminate specific or land use based standards for other pollution problems. The State of Michigan has adopted a one in 1,000,000 risk for exposure to known carcinogens and a one in 100,000 for other contaminants with exceptions for differing land uses. The majority report from the Florida Governor's Commission on Environmental Justice, however, is critical of Risk-Based Corrective Action (RBCA). In the majority opinion RBCA is "a Trojan horse" for low income and minority communities. Their fear is that RBCA will allow unacceptable levels of contaminants, forcing the poor to bear an unknown public health risk. The minority report from this Commission disputes this concern. They cite the existing standards or lack of RBCA standards as a major cause of disinvestment in minority and low income communities. In the minority rebuttal they contend that poverty is the more oppressive social evil. They are optimistic that there is scientific ability to develop acceptable standards without jeopardizing public health. City of Clearwater 1997 Legislative Program Risk-Based Corrective Action Background (continued) The Southern 'Environmental Business Council (SEBC), Florida Chamber of Commerce and the Holland & Knight Proposed Florida Brownfield Statute all endorse a Risk-Based Corrective Action approach. Most states that have enacted Brownfield legislation have incorporated a degree Risk-based Corrective Action and site specific standards for contaminate remediation in their statutes. Requested Action: Support legislation that will establish a frame work for developing Risk-based Correction Action. standards with the active participation of affected communities. Contact: Alan J. Ferri Economic Development Director 462-6882 City of Clearwater 1997 Legislative Program ISSUE: Joint and Several Liability Background: In 1980 the United States Congress passed the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA, a.k.a. Super Fund). Most Brownfield sites will not be subject to Super Fund action by the U. S. Environmental Protection Agency (EPA). The liability standards established by CERCLA, however, are a disincentive for potential buyers and lenders. Liability under CERCLA is strict, joint and several, and privately enforceable. Florida Statutes Chapter 403.727 closely parallels CERCLA liability. These liability standards hold any owner of a contaminated site liable for the remediation expense whether they did or did not contribute to the pollution. The existing system does not require apportioning cost to the degree an owner contributed to existing contamination. The standards also allow for private party enforcement through the court system. The Florida Senate Natural Resources Committee staff is concerned about reducing private party enforcement rights. In their opinion, reduction or elimination of these rights denies third parties adversely affected by environmental contamination the ability to seek compensation for their losses. Ten states are considering Brownfield legislation that will reduce or eliminate liability for redevelopers, lenders, and innocent parties. The Florida Chamber of Commerce, the Southern Environmental Business Council and the proposed Florida Brownfield Statute prepared by Holland & Knight all call for reducing or eliminating the liability standards for lenders and innocent parties. Requested Action: Support the elimination of lender and innocent party liability. Contact: Alan J. Ferri Economic Development Director 462-6882 City of Clearwater 1997 Legislative Program ISSUE: Voluntary Cleanup Exemption from Regulatory Penalty Background: Property owners who voluntarily conduct environmental site audits risk being cited by state and federal environmental regulatory agencies for noncompliance. In 1995 the Florida legislature considered but did not approve a bill to grant partial protection for voluntary audits. Regulatory and environmental groups contend that this protection would shield a polluter from the consequences of their own willful or negligent actions. Tile SEBC supports legislation that will encourage voluntary compliance while retaining appropriate penalties for intentional or negligent action. Two states have already adopted voluntary clean-up exemptions and two more are considering adoption. . Requested Action: Support legislation that will encourage voluntary compliance while retaining appropriate penalties for intentional or negligent actions. Contact: Alan J. Ferri Economic Development Director 462-6882 I", City of Clearwater 1997 Legislative Program ISSUE: Petroleum Storage Tank Program (Florida Statues 376.383 ) Background: The State of Florida has adopted legislation that pays for some of the clean-up and removal costs for underground petroleum storage tanks. The state has levied a surcharge on gasoline sales dedicated for the Inland Protection Trust Fund that pays these costs. Annual receipts for this Trust Fund are inadequate to pay for the cleanup costs of sites that are a significant risk to public health. A majority of the funding is used to reimburse backlog claims against the Fund. A majority of the Brownfield sites in Clearwater are either petroleum storage or dry cleaning solvent sites. SEBC supports legislation to prioritize funding using Risk- based Corrective Action. Requested Action: The City of Clearwater should support legislation that adequately funds the remediation of known risk sites and prioritizes available resources to those sites. Contact: Alan J. Ferri Economic Development Director 462-6882 l?a' 011D * City of Largo, Florida % Post Office 9ax296. Largo, Florida 34649-0296 Office of the Mayor and Commission (813) 567.6702 FAX: (813) 567-6797 October 1, 1996 The Honorable Toni Jennings The Honorable Charlie Grist The Honorable James T. Hargrett, Jr. The Honorable Jack Latvala The Honorable Donald C. Sullivan Dear Senators: I sincerely appreciate the opportunity to participate in this round table discussion to present some of the issues which are of concem to the City of Largo. The Senators who represent Pinellas County have demonstrated their willingness in past years to listen to and In many cases support the views, recommendations and requests of the municipalities which they represent. This forum will hopefully provide the basis with which you will be able to develop a comprehensive legislative program for the next two years. Attached is a list of items the City of Largo respectfully presents for your review and consideration. I am available at any time to answer your questions or provide any additional information you may require. Again, thank you for providing this valuable opportunity to express our views, opinions, and requests. Sincerely, homas D. Feaster Mayor TDFIsf attachment ISSUES FOR ROUND TABLE DISCUSSION WITH SENATOR TONI JENNINGS TUESDAY, OCTOBER 1, 19% COmmUnity Development; • Special Districts Limitation on use of Special Districts. Special Districts are used to provide services commonly provided by cities. The use of Special Districts eliminates the need for this. • State Enterprise Zone Needs to be revised by permitting Enterprise Zone designations In designated Chapter 163, Part III, Community Redevelopment Areas. Also, grants for infrastructure and business support should be provided to cities. Currently, the Enterprise Zones are useless. • Ulmerton Road Need to get funding for six-laning of Ulmerton Road from U.S. 19 to 113th Street. • LicenselCertification Department of Business and Professional Regulation requires Plans for Plans Examiner Examiners to have five years each in Building, Plumbing, Electrical, and Mechanical, a total of 20 years experience. Cities cannot get people with 20 years of experience in four trades at the current market rate for salaries. Suggest five years in one trade and one year in one other trade in order to get lice nseicertificallon for Plans Examiner. Police Department: • Police Officers Bill of Rights A major issue Chiefs of Police and Sheriff's in the State is the proposed expansion of the Police Officers Bill of Rights which would make meaningful discipline for officers guilty of misconduct practically Impossible. This was introduced last year (As HB 2301) to amend Part VI, Chapter 112 of Florida Statutes. At a time when citizens are demanding accountability for law enforcement officers' actions, this bill which was introduced by Rep. Hafner of St. Petersburg, makes the adequate investigation and disciplining of police officers a practical impossibility. The Chiefs have been Informed that the bill will be resubmitted with cosmetic changes. However, the "meat" of the bill should be seen as repugnant to those interested in responsible local govemment. Among other things, the bill: a) Creates causes for civil actions against local government and agency supervisors which do not now exist b) Grants an 'exclusionary rule' Into an administrative process. This is unheard of. It basically says that if a technical error is made in building a disciplinary case against an officer, then no action may be taken against the officer. Theoretically, officers engaged in narcotics use or trafficking or sexual assault could be free from discipline and non-removable from their positions because of technical administrative error. c) The bill mandates pre-investigative discovery. Officers under misconduct investigations for the most serious offenses would have the right to review statements of complainants or witnesses BEFORE an actual Investigation was conducted. For all intents and purposes this would eliminate the ability to investigate officers engaged In the kind of conduct that requires surveiflance to build the case. d) The bill would also subject agency heads and others Involved in the Investigative process to removal from office H technical errors are made. Imagine the scenario where an officer Is Involved in narcotics trafficking. If s/he is caught but there is discovered an administrative error In the process, the agency head who takes disciplinary action is fired, but the officer who commits the felony offense doesn't even lose his or her job. This will do little to build public confidence because no manager or administrator is going to want to take disciplinary action for fear that such action will result in their own job loss. There are other provisions in the bill which are highly objectionable as well. Perhaps this bill should be called the 'Bad Cops Bill Of Rights' because that is who will benefit - certainty not the public, and certainly not the local govemment units whose job it is to provide professional law enforcement. The existing Police Officers Bill of Rights is one of the most stringent in the nation. It provides many adequate safeguards for employees while still allowing cities and counties to effectively administer their affairs. There has been no showing of cause as to why such legislation is needed. This bill grants employment rights to police officers, the likes of which are seen no where else. The Chiefs Association and the Sheriff's Association are united in vocal opposition to this bill. We are also encouraging a strong stand by the municipal league. • Funding for Pinellas Police Of secondary but still crucial concern is the issue of the loss of Standards Council funding for the Pinellas Police Standards Council. This Council was created as a result of a Grand Jury Investigation Into Pinellas County policing In The 1970's which found inadequate screening, hiring, training, etc. As a result, the Standards Council was formed to represent all police agencies plus the Sheriff and State Attorney's Offices. The Council established the Police Applicant Screening Service (PASS) which screens for all but two law enforcement agencies, all entry level applicants for police positions in Pinellas County. The funding mechanism, a fine surcharge, was eliminated in the last session. The bill's sponsor has Indicated In a letter to PASS that this was not an intent of his legislation. The remedy appears to be legislation by the local delegation which authorizes a $2.00 court cost on Traffic fines. A group of Chiefs will be meeting with the local legislative delegation in November to discuss this issue. Public Works: Southwest Florida Water Address the need to reduce paperwork and requirements for Management District Permits permitting of maintenance projects. 2 • Potable Water Address the accessibility of tow cost, high quality drinking water for Pinellas County, • Florida Department of Address the necessity of streamlining the Joint Project Agreement Transportation (FDQT) {JPA) process for projects where time Is of the essence. Management Services; • Police and Fire Retirement Legislation was introduced last year in the Legislature that would have Plan Legislation Increased local retirement plan expenditures significantly. The Legislature must carefully review all retirement plan legislation and determine the cost impact to local governments before. legislation is passed. Local governments must be allowed to retain local control over their retirement planned benetHs. • Utility Taxesr Franchise Fees A slate task force has been appointed by the Governor to review existing utility tax and franchise fee legislation. It appears that many members on the task force represent the views of public utilities and there are very few voices on the task force that represent local government. Recommendations from the task force must be carefully reviewed by the Legislature before being enacted. Local governments must be allowed to retain control over municipally levied utility taxes and franchise fees, which are often a very significant source of revenue. Simplification of utility taxes and franchise fees should not be made at the expense of local government's autonomy. The revenue impact must be examined before legislation is passed. • Mobile Home License Mobile home license collection and remittance is unduly complicated. Collection and Remittance Currently, all county tax collectors are responsible for collecting mobile home licenses which are then remitted to the State which then remits moneys to the local school boards and all other local governments. Unfortunately, the Slate does not control these license revenues and many times has no idea where moneys should be remitted. It would be preferable If local tax collectors collected and remitted mobile home licenses directly to the local taxing authorities. This may not be possible under existing State law, however, keeping the State Department of Revenue involved in this process is Inefficient and adds no value to the collection and remittance process. Recreation and Parks: • Florida Recreation Assistance State Legislature is urged to continue this program for renovation and Program development of community parklands. • Criminal Justice Allocations The State Is encouraged to continue the recreation element In the Criminal Justice allocations and grants. It Is also suggested that participation in community recreation services be Included in a first offender's restitution, along with community service. If positive activities could be introduced for these young people and new alternative outlets established, perhaps some would not end up in the court system again. 3 Umnt: 0 Increase Funding for Library It is recommended that the Legislature increase funding for Library Cooperatives Cooperatives to the $400,000 allowable under RS. 257.42 as an effective method of benefiting library patrons by providing expansion of access to the electronic resources of the Internet, technical training, and coordination and funding assistance for revenue sharing. • State Aid to Libraries Maintain the State Aid to Libraries and support the $32.5 million request. i MAYOR RITA GARVEY SENATOR JACK 6ATVAL.A, lftowm September 138 1996 THE FLORIDA SENATE Talsha>eap, F{otkla 32399.1100 Honorable Rita Garvey mayor City of Clearwater FUG1996 r . ;. {., H i I'M Y 13:45 N0.002 P.01 COMWTUES: ExtcvVn IW"sm. E00m wW EJ?iO:?1, vim oukmm rmuCtla NslunP A&swrou Tnnsp6ftw ti Mys tad datw slab. 0 tormhal Twat) 42LECTC0UUf 9: w?tK P+o+n, cr>s?? MKT COMWTTEE: `? / ?t?::iu?w anto?nauon T.cMologY a?s<+FOUrat V.0- Box 4748 Clearwater, ILL 34618-1748 r) .?' '? ? G ?] rL 1 1` rc • Dear Rita: 88nator Toni .Tannings of Orlando, President -Dan ignate of the Florida Senate, asked file to invite you and other Pinellas leaders in business, education and overnment to a round table discussion of Lassies important to the future of Florida. This get-together will be at noon Tuesday, October 1, at the Raymond James Financial building in 9t. Petersburg. Ban. Jennings and the Senators who represent Pinellas County warm to hear your views on issues of concern to you--economic development, education, environment, criminal ustiae, transportation, social . rervice and other. We want to hear hoer ynu think our problems can best be evolved and our assets beat amp2oyed to make the future bri titer for everyone. This will assist in developing the Senate's log?slative program for the next bro years. The forum, which is entirely non-political, will begin at noon with a brown-bag luncheon. 3•=ediatoly afterward ve will begin our discussion. we will conclude by two P.M. tC will take plaiace in the first-floor Classroom of the Raymond James Financial building, 880 carillon Parkway. For those unfamiliar with the location, it can boot be reached by driving east on vlmorton Road past than 9t. Petersburg exit ramp. You will see the tall, glass-aided building on your right. Tuin into the Carillon Cantor and proceed to a parking area south of the building. Bigne will direct you to the main entrance sand the classroom ara;. Sonator Jennings and your Pinellas 8Qn&toPCa look forward to your participation is this valuable and forward-looking talk about our region and state. Please RSVP to Ron Ogdsne my legislative assistant, at my Sonata office in Psa.m Vav:bor by Friday, aeptenber 27. The rku *r is 787-8991, J&eg LaCVaala th District gF34&U nator REPLY TO. d 35111 U.S. H1p MY 19 MOM. Burt M, Palm H&n*, (813) 78?.409t 323940{1402-M TEL : 813--462-6789 Oct 01 96 CI K 3 CITY OF CLEARWATER Interdepartmental Correspondence TO: Mayor and Commissioners FROM: Cynthia E. Goudeau, City Clerk- SUBJECT: Legislative Package additions ??%% COPIES: Elizabeth Deptula, City Manager Pamela K. Akin, City Attorney DATE; October 11, 1996 Attached are two more issues to be considered for the legislative package. Also, Community Response wants to add an issue that will support Tallahassee's proposal to allow the revocation of driver's licenses of code violators that do not comply with the Code Enforcement Board's Orders. I am trying to obtain some additional information prior to putting this in final form. If you have any questions, please let me know. i Oct-10-96 04:16P City of Cteam-aw 1997 IAOIativt PfuPx+a Issue: Vehicular Running of a Red Signal Background: Vehicular speeding and running of signals are problems of epidemic proportion nationwide. Enforcement officers simply cannot be at each intersection to cite motorists for speeding and running through a red indication. Engineering studies have confirmed that accidents (such as running a signal) where the speed differential is greatest have the most severe results Ft. Meade currently has a picot program for camera monitoring of intersections similar to the program in other states. Requested Action: Create'legislatlon to allow a continuous or at least a second Florida pilot program for camera installation and citation issuance for running a red signal at key intersections within Clearwater. Contact: Richard Haier, City Engineer - 6131562-0780 s P.01 Postal' Pax Dote 7671 oe?o ,? TO (?-A From la 1 Alc ca ? - PhOM I ?10f10 # a Fax aI FU O Oct-10-96 04:16P City oW4W**r .,,,,,,,,,, 19107 ?ILtiVO hWAM Issue: Funding for Memorial Causeway Bridge Background: The replacement of the Memorial Causeway Bridge, a functionally obsolete structure is the City of Clearwater's #1 traffic priority. Currently, the State has funds allocated for reimbursement under House } Bill 539. These funds could be used for design and construction of a new bridge if, and only if, the Legislature clarifies the intent of the legislation such that design reimbursement is allowable, Requested Action: Clarify intent of House Bill 539 to allow use of the funds for the City's #1 project for design and/or construction. P. 0.2 Contact: Richard Saier, City Englneer - 89315524780 R ct- -- 3 q CITY OF CLEARWATER Interdepartmental Correspondence TO: Mayor and Commissioners FROM: Cynthia E. Goudeau, City Cl r SUBJECT: Legislative Package COPIES: Elizabeth Deptula, City Manager Pamela K. Akin, City Attorney DATE: October 16, 1996 Attached is the listing of legislative issues I recommend as our top priorities. While the other issues in the package are significant, the ones chosen are of particular importance to the City of Clearwater. . My experience last year was that Clearwater had too many priorities in its package. This lessened our impact on those issues that were truly our priorities. Mr. Dunbar agrees with this tact. In fact, he strongly recommends we concentrate on those issues that are fairly specific to Clearwater. He believes the other issues can be added to related bills for which we will express support. Commissioner Johnson ranked Vehicular running of red signal, the bridge funding issues, Voluntary clean-up exemption, Annexation of enclaves, CRA, Handicapped parking permits, Distinctive uniforms and vehicle markings, Clandestine Videotaping, Open record of municipal utilities, PE exemption, Alternative fuel vehicles and Advertised public hearings, as his top priorities. Also attached, is a letter I propose be included with the packet, f, 1`. E" City of Clearwater 1997 Legislative Program ti TOP PRIORITY ISSUES - Strongly Support t Bridge Funding - Allow funding for highly ranked functionaliv obsolete bridges. (See page ' 1 •) Funding for Memorial Causeway Bridge - Clarify the intent of 1996 House Bill 539 to allow funds allocated for reimbursement to be used for design as well as construction. (See page 2.) Cormunity Redevelopment Act - Propose legislature that would change "slum and blight". throughout the Community Redevelopment Act. (See page 3.) Risk-Based . Corrective Action For Environmental Assessment and Contamination Remediation - Establish a framework for developing Risk-Based Corrective Action. (See pages 4'& 5.) Joint and Several Liability - Eliminate lender and innocent party liability. (See page 6.) Voluntary Clean-Up Exemption from Regulatory Penalty - Encourage voluntary compliance while retaining appropriate penalties for intentional or negligent actions (See page 7.) Petroleum Storage Tank Program - Adequately fund the remediation of known risk sites and prioritize resources to those sites. (See page 8.) iy• •a ? it ?: iil::yli,:..ca n3.N+.r'.y,r Y;,Ny,,,: v.l.w •, CITY OF C LEARWATER Posr OFrci: Box 4748, QyAwxmn, FLORIDA 34618.4748 On, HALL, 112 SoLn'fl OscEOLA AVENUE, CLEARWATER, FLORIDA 34616 TELEeiIONE (813) 462-6684 FAx (813) 462.6488 DEPAMIENT oF,mE CI7Y CLERK October 16, 1996-- Dear Legislators: The following pages contain information regarding the City of Clearwater's Legislative package. The first page provides a brief synopsis of those issues that are of top priority to Clearwater... These are the issues upon. which, we will be contacting you and. urging your support during the session. More detailed information about each of these is contained in the package. Also in, the .package are issues that may come up during the session. Of particular importance .to Clearwater are: Clandestine Videotaping (see page 9), Vehicular Running of a Red, Signal (seepage 10), Annexation of Enclaves (see page 11), and Handicapped Parking = Permits (see page 12). look forward to working with you during the 1997 Legislative Session. Sincerely, . Cynthia E. Goudeau, CMC Legislative Liaison CEGIajg cc: Elizabeth M. Deptuia, City Manager City Commission "EQUAL EMPLOYMENT AND AFFCR,%wnvE ACnON EMPLOYER" i Item #36a i I S i RESOLUTION NO. 96.65 A RESOLUTION OF THE CrI'Y OF CLEARWATER, FLORIDA, ASSESSING CERTAIN REAL PROPERTY. LOCATED IN GREENWOOD PARK FIRST ADDITION, CLEARWATER, FLORIDA, HAVING A POST OFFICE ADDRESS OF 1114 CARLTON STREET, CLEARWATER, FLORIDA, AS DESCRIBED MORE PARTICULARLY HEREIN, IN THE AMOUNT OF $2,384.00 FOR THE COSTS OF DEMOLITION INCURRED IN REMOVING A DANGEROUS STRUCTURE, WITHOUT THE CONSENT OF OWNER. WHEREAS, pursuant to Chapter 47 of the Clearwater Code of Ordinances and the Standard Building Code, the Building Official determined that certain real property described herein and the building situated thereon were unsafe, unsanitary, unfit for human habitation, and dangerous and detrimental to the health, safety, and general welfare of the community, and did not properly comply with the requirements of said Code, and found that an emergency existed which, in his opuuon, involved danger to human life and bath, and ordered the demolition of the building; and WHEREAS, the City of Clearwater has caused the demolition of the building, and the cost of such work should now be assessed as "a lien on behalf of the City of Clearwater against the properly; now, therefore, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: SZjjon.l.. The Building Official having ordered the demolition of the building situated on the following described property: Lot 23, Block B, Greenwood Park First Addition (Parcel Number 10129115133534100210230 ), Owner of record: Alma Davis 1114 Carlton Street Clearwater, FL 34615 f and the City of Clearwater having now completed said work, the City Commission does hereby assess and charge a lien on behalf of the City of Clearwater against the property for the necessary costs incurned as follows: TOTAL DEMOLITION COSTS $2,384.00 (See Attachment "A") As soon as practicable, a Certificate of Indebtedness against the property for the amount of assessment shall be prepared, which certificate shall constitute a lien prior to all other liens except the lien for taxes. Said certificate, when issued, shall be payable to the City with interest at a rate of eight percent (8 %) per annum. S 'on 3. The City Clerk is hereby directed to prepare a Notice of Lien in the amount of the assessment against said property, and to record the same in the Public Records of Pinellas County, Florida. Section 4. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this day of , 1996. Attest: Cynthia E. Goudeau City Clerk Approved as to form and legal sufficiency: ohn Carassas. Assistant City Attorney Rita Garvey Mayor-Commissioner 3? a ATTAC EMNa "A" Resolution 96-65 (1114 Carlton Street - Clearwater, Florida) NALOL - (Pinellas County Records for ownerslvp) Various correspondence and telephone calls Purchase requisitions Take photographs TOTAL HOURS EKEMFA Five and one-half (5.5) hours @ $25.00 per hour Film, developing, and prints Certified Mail and regular postage Title Search - Sexton Title Services, Inc. Asbestos Survey - Occupational Health Conservation, Inc. Asbestos Removal - Zang Engineering of Florida Monitoring of Asbestos Removal - Occupational Health Conservation, Inc. Demolition (EL Trevena, Inc.) TOTAL EXPENSES . LMT AMOUNT 001 5.5 $137.50 23.38 3.48 65.00 250.00 0.00 0.00 1,904.75 $2,384.11. $2,384.00 RESOLUTION NO, 96-G7 A RESOLUT70N OF THE CITY OF CLEARWATER, FLORIDA, ASSESSING CERTAIN REAL PROPERTY LOCATED IN SUNSET HIGHLANDS UNIT 1, CLEARWATER, FLORIDA, HAVING A POST OFFICE ADDRESS OF 1980 BYRAM DRIVE, CLEARWATER, FLORIDA, AS DESCRIBED MORE PARTICULARLY HEREIN, IN THE AMOUNT OF $416.00 FOR THE COSTS INCURRED BY THE CITY ORDERING THE OWNER TO ABATE A DANGEROUS STRUCTURE. WHEREAS, pursuant to Chapter 47 of the Clearwater Code of Ordinances and the Standard Building Code, the Building Official determined that certain real property described herein and -the building situated thereon were unsafe, unsanitary, unfit for human habitation, and dangerous and detrimental to the health, safety, and general welfare of the community, and did not comply with the requirements of said Code before expenses were incurred; and WHEREAS, the City of Clearwater and the owner have caused the abatement of the unsafe building, and the City's costs of such work should now be assessed as a lien on behalf of the City of Clearwater against the property; now, therefore, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF CL.EARWAT ER, FLORIDA: Section 1. The Building Official having ordered the abatement of the unsafe building situated on the following described property: SUNSET HIGHLANDS UNIT 1, LOT 48 (Parcel Number 02/29/15/87714/000/0480). Owner of record: Bill Nelson 4701 Steams Road Valrico, FL 33594 Ella E.NLsaA'. k.?. w..-?. -^ •- and the City of Clearwater having now completed said work, the City Commission does hereby assess and charge a lien on behalf of the City of Clearwater against the property for the necessary costs incurred as follows: TOTAL COSTS $416.00 (See Attachment "A") Section 2. As soon as practicable, a Certificate of Indebtedness against the property for the amount of assessment shall be prepared, which certificate shall constitute a lien prior to all other liens except the lien for taxes. Said certificate, when issued, shall be payable to the City with interest at a rate of eight percent (8 %) per annum. Sccfiml The City Clerk is hereby directed to prepare a Notice of Lien in the amount of the assessment against said property, and to record the same in the Public Records of Pinellas County, Florida.. Section 4. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this day of , 1996. Attest: Cynthia E. Goudeau City Clerk Approved as to form and legal sufficiency: john Carassas Assistant City Attorney Rita Garvey Mayor-Commissioner 3G b. ATTACEMIENT "A" Resolution 96-67 (1980 Byram Drive - Clearwater, Florida) Him NALOL - (Pinellas County Records for ownerslup) Various correspondence and telephone calls Purchase requisitions Take photographs TOTAL HOURS Twelve (12) hours a $25.00 per hour Film, developing, and prints Certified Mail and regular postage Title Search - Sexton Title Services, Inc. Asbestos Survey - Occupational Health Conservation, Inc. Asbestos Removal - Lang Engineering of Florida Monitoring of Asbestos Removal - Occupational Health Conservation, Inc. Demolition TOTAL EXPENSES LIEN AMOUNT 12 $300.00 44.52 6.96 65.00 0.00 0.00 0.00 $416.48 $416.00 3??C- RESOLUTION A RESOLUTION OF THE CITY OF CLEARWATER$ FLORIDA, AMENDING THE COMMISSION RULES IN ITS ENTIRETY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission desires to amend the Commission rules; now, therefore, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section, The Commission Rules are hereby amended in its entirety as shown on Exhibit "A." Section-2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this day of 91996. ,i• Approved as to form and legal sufficiency: Pa ela K. Akin, City Attorney Rita Garvey, Mayor-Commissioner Attest: Cynthia E. Goudeau,' City Clerk Resolution No. 96-68 PT. COMMISSION RULES RULE 1 SCHEDULING COMMISSION MEETINGS/WORK SESSION AGENDAS/ (rev. 2-20-86; 5-1-86; 1-7-93; 7-1-93; 12-2-93; 8-15-94; 3-16-95; rev. and renumbered ----961 (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. (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. Oroslrulesxom Fvl,i},i r "n" revised ._...-96 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 appeal. 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-MAYOR 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; 9-15-94; rev. and renumbered _-_-96) (1) The order'of business fora regular meeting shall ordinarily be: A. Invocation. B. Pledge. C. Special recognitions and awards. RULE 4 w D. Minutes of previous meetings. eAraArules,com 2 revised Qe 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. F. Public hearings (not before 6:00 p.m.) 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. Quasi-judicial Hearings (those giving testimony will 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 (15 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. H. City Manager reports. 1. City Attorney reports. J. Commission Discussion Items. K. Other Commission action. (2) Agenda itams, other than public hQar'nag. will bg presented by staff fgllowgd by questions by the Commission, .public imput, discussion by the C mmission. a nilion and second _thendebate_o6 the_motion._ 3 s:lraslru?os,com revised 96 • r M 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. RULE 7 AGENDA/EXPENDITURE OF FUNDS/ WAIVER OR CHANGE OF RULES (rev. 12-2-93; 8-15-94; 14-5-95; 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, (B) 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. (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 betaken. (D) The rules may be waived, or changed only upon the affirmative vote of a majority plus one. A sareavules,com revised 96 w • RULE 8 DEBATE 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. debate. All motions shall be made and seeended befeFe v]J'w ??.srv vv-rrcia ti.v.r--vs uav..W_ .--f .......... ... .. ......r - ..?...... ..... ... _..... .....?... All questions shall be stated and put by the Chair, and the Chair shall declare all votes. 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 Chair 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 shall 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) S sAresVulos.com revised _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 a 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. 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. 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 (now 12-2-93; renumbered ----96) Except as provided herein, or as may be required by Florida law 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. 6 sAreelrulns.com ravlaad 99 I 'i COMMISSION RULES RESOLUTIONS Resolution No. Date Adopted 77-44 5-12-77 77-129 11-23-77 78-65 6-01-78 ,:. 80-62 5-15-80 80-101 9-19-80 80-118 11-06-80 81-32 4-16-81 81-92 8-06-81 82-33 4-01-82 82-36 4-15-82 82-115 12-16-82 82-119 12-16-82 83-42 4-07-83 83-75 7-07-83 85-47 6-20-85 86-18 2-20-86 86-30 5-01-86 88-61 12-01-88 89-21 4-20-89 92-79 12-17-92 93-04 1-07-93 s 93-44 7-01-93 93-45 7-01-93 ' .' 93-75 12-02-93 94-8 1-03-94 94-16 1-31-94 94-31 4-21-94 94-67 8-15-94 94-74 9-15-94 95-16 2-02-95 95-35 3-16-95 95-77 10-05-95 96-11 1-18-96 '? 7 f f??:; s:lreslrules,com , revised _•_96 ?F 6. u • ,- r, ? L° S 3C' C CITY OF CLEARWATER Interdepartmental Correspondence TO: Cyndie Goudeau FROM: Anne Gree SUBJECT: Request for Information from other Cities DATE: August 2, 1996 Per your request, I phoned surrounding cities to inquire about their policy whereby the Mayor/Chairman of Commission was able to make or second a motion. The responses I received follow. Please let me know if you need more information. St.,eetersbura: Per Dan, Assistant City Clerk, they have a strong Mayor form of city government and their Mayor may neither make nor second a motion. Safjy Harbor: Bonnie Haynes, City Clerk, faxed the attached policy, their Mayor may offer motions but has no veto power. (See Section 40(2)) Largo: Stephanie Overholt, City Clerk, advised that their Mayor can make a motion if lie passes the gavel to the Vice Mayor. They have adopted Robert's Rules and do not specifically have a policy as such. Dunedin: Sandra Woodall, City Clerk, stated that their Mayor can make a motion if he passes the gavel. They have adopted Robert's Rules. Tallahassee; Paula Cook, Records Management Officer, advised that they conduct their meetings following a relaxed Robert's Rules with no written policies. The Mayor has been known to make and second motions but he does so after passing the gavel. ¦- ., r. ,_47120e.P.0 - EBI 15:23 FAX 813724I3QQ CITY OF SAFETY HARBOR X002 b- k- Section 36. Results of election. CHARTER 3 C? G $ 40 (a) ,initiative. If a majority of the qualified electors voting on a proposed initiative ordi. nance vote in ita favor, it shall he considered adopted upon certification of the election results and shall be treated in all respects in the same manner as ordinances of the same kind adopted by the Commission. If conflicting ordinances are approved at the same election, the one receiving the greatest number of affi mativa votes Yhali prevail as to the conflicting provi. sions, within one (1) year of its enactment, an initiated ordinance shau only be repealed or amended by another initiated ordinance dealing with the name subject matter; thereafter, it may be repealed or amended by the City Com- ipsion. (b) Referendum. (1) If a majority of the qualiiled electors voting an a referred ordinance vote against it, it shall be considered repealed upon celrtiCicatfon of the election results. The Commis- sion. may not readopt the ordinance within one year of the date of the certification of the election result without approval of the qualified electors voting i.b a referendum election on the ordinance. (2) If a majority of the qualified electors voting on a referred sale or lease of public property vote agx+inst it, the sale or lease shall by considered terminated upon certi- fication of the election results. The lessee or purchaser of public property shall be WHO presumed to have notice of this provWon and the City shall have no liability to the lessee or purchaser if the lease or gale is terminated in accordance with this Article. (Ord. No. 92-36, 0 1, 12.21.92, ref. 3.9.93) Section 37. Recall petition. The qualified voters of the City shall have the power to recall and to remove from ofIIee any elected official of the City as provided by general law. (Ord. No. 92.36, 4 1, 12-21.82, ref. 3-9.93) State law reference---Muoicipal. = 4 for governing body, F.S. 9100.361. t$ections 38, 38. Reserved.1 ARTICLE M. CITY OFFICERS Section 40. Mayar•Conu jesioner--14mcdons and duties. The Niayor•Commissioner, or in his absence or disqualification, the Vice Mayor, shall perform the following fbnctions and duties: (1) He shall preside at all meetings of the Commission and maintain order and deearum. HQ shall have the right to limit the time a person shall be permitted to speak upon a given subject; provided that if there is a public hearing, every person shall be per. mitted to speak on a given subject. He shall have the right to follow an order of business by written agenda, if desired. He shall have the right to expel or take the Supp. No. 20 11 _-_, 07,,20/90 FRI 13:24 FAX 8137241506 CITY OF SAFBTY }HARBOR l,.u. 3G c § 40 SAnTY HARBOR CITY CODE appropriate legal action against any person who refuses to obey the order of the Mayor-Commissioner in relation to preserving order and decorum, at the meeting, t2) He shall have a voice and vote in the proceedings of the commission, but no veto power. He shall, vote lest upon the roll can of Commissioners. He may offer motions, resolutions and ordinances. (g) He shall be recognized na the head of City government far all ceremonial purposes, by the Governor for purposes of military law and For service of process. The Vice Mayor shall act as the MayonCommdssioner during the absence or disability of the Mayor- Commissioner. In the event that blayor-Commissioner and regular Vice Mayor should be absent at any meeting of the Commission, any Commissioner may be designated 'V'ice Mayor for such meeting by the remaining Commissioners. (4) He shell rxarcise all of the powers and duties of the Mayor-Commissioner as may ba cordwred upon him by the Commission In pursuance of the provisions of this Charter and general law and no others. (Ord. No. 9226, § 1, 12-21-92, ref. 3.9.93) Section 41. City' Manager-Appointment; cornpenaatlon; qusli cations; removal. (a) The Commission sba.11 appoint a City Manager by resolution or contract for an indef. inite term. The compensation of the City Manager shall be fixed by the Commission. He shall be chosen solely on the basis of his executive and admititrative qualifications, without regard to his politir-ml beliefs. He shell be over the age of twenty-one (21) years and he need not be a resident of the City or State at the time of his appointment. He shall furnish such bond as the Com=ission may require. (b) The City Manager may be removed by the Commission with or without cause at any time by the passage of a resolution designating such removal and such resolution shall require three (3) affirmative votes. There shall be no appeal by the City Manager from the Commis- sion's action and the action of the Commission shall be final and conclusive and the City Massager is deemed to have knowledge of this provision of the Charter at the time of his employment and such provision shall be construed as part of his contract for employment. (Ord, No. 92.30, 9 1, 12-21-92, ref. 3-8.93) Section 912. Acting city manager. By letter fled with the Commission, the City Manager shall designate a qualified City administrative officer to exercise the powers and perform the duties of the City Manager during his temporary absence or disability. After an absanae or disability of greater than thirty (30) days, the Commission may revoke such designation at any time and appoint an- other officer of the City to serve until the City Manager shall return or his disability shell cease. (Ord. No. 92-36, § 1, 12.21.92, ref. 3-9.93) Q003 8upp. No. 20 12 RESOLUTION NO.16;0., -3(? C-4, - A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, ASSESSING THE OWNERS OF PROPERTY THE COSTS OF HAVING MOWED OR CLEARED THE OWNERS' LOTS. WHEREAS, it has been determined by the City Commission of the City of Clearwater that, for the purpose of promoting the health, safety and general welfare of the citizens and residents of the City, real property within the City should be cleared of weeds, rubbish, debris and other noxious material; and WHEREAS, notice pursuant to Section 20.38, Code of Ordinances, was provided to the owner of each of the lots listed in Exhibit A, and the notice required each property owner to cause the violation to be remedied or to file a notice of appeal within 10 days after the date the property was posted; and WHEREAS, the property owners have failed to take remedial aeon within the time provided and have failed to file a notice of appeal within the time allowed, or appealed the notice of violation but failed to take remedial action within the time provided by the Code Enforcement Board, and it became necessary 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 administrative charges set forth on Exhibit A, but no payments have been received; now, therefore, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Sectim-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 Cleric 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, Florida. . PASSED AND ADOPTED this day of . 1996. Approved as to form and legal sufficiency: J n Carassas Assistant City Attomey Rita Garvey Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk S_,?[ H I__B T T A ADMIN. Amerd can Health & Bassadena Sub, BIk D, Lot 15 $ 125.00 200.00 $ 325.00 Accident Ins. Co. & B112 Lot 16 Goldie W. Batten Greenwood Park, Blk B Lot 12 125.00 200.00 325.00 Martha C.Gerald c/o Greenwood Park #2 Blk E, 125.00 200.00 325.00 Julius Gerald Lots 65-66 John W. Ottey Jr. Lakeview Heights Blk "I" Lot 4 125.00 200.00 325.00 Charles V. & Pearl Palm Terrace Unit 2 Lot 49 125.00 200.00 325.00 Lombardo Barbara A. Parsons Palm Terrace Unit 2 Lot 54 125.00 200.00 325.00 c/o Freeland Banc Boston Mortgage Pine Crest Sub BIk 5 E42' of 217.35 200.00 417.35 Corp Lots I9-20 Debra Pushinsky. Sirmons Heights Lot 25 125.00 200.00 325.00 Ann Priddy and Brookhill Unit 2 BIk M Lot 3 135.99 200.00 335.99 Ralph Gianfrate Chemical Residential Fairwood Forest Lot 39 125.00 200.00 325.00 Mortgage Karen J. Jones Greenwood Manor Lot 8 125.00 200.00 325.00 Johnny E. Ashley Est Greenwood Park Blk A Lot 29 125.00 200.00 325.00 Sharon D. Ashley PR Lela B2ocker Estate Greenwood Park #2 Blk D Lts 1-2 125.00 200.00 325.00 c/o Fred Wilder W S' F Trust 816190 Greenwood Park #2 BIk E Lot 36 125.00 200.00 325.00 Kenneth S. Lamb Greenwood Park #2 BIk F Lot 48 125.00 200.00 325.00 Peggy Kimble Live Oak Court Lot 6 125.00 200.00 325.00 ElI ssa J. Sposa to E.A. Marshall s Sub W65' Lts 22--23 125.00 200.00 325.00 Daisy Williams Palm Park Sub BIk C Lot 16 150.08 200.00 350.08 Rosa M. Lloyd Pennsylvania Park Lot 4 125.00 200.00 350.00 Wellford Corp Sec 16-29-16 M & B 23103 184.80 200.00 384.80 RECOMMENDATION Reschedule the meeting %vith the DDB and the CRA from November 2 to some mutually agreeable date after the completion of City's Strategic Planning Sessions which are occurring Nov, 10, Nov. 11, Nov: 19, Nov. 25, and Dec. 3. We hope to develop a merged vision of CRA and DDB direction based upon the vision of the City's future. Well planned meetings guided by an experienced group facilitator will encourage consensus building. We recommend using an experienced group facilitator to guide the meeting. RATIONALE CPA and DDB strategies should support the City's vision and objectives. These will be articulated during the Strategic Planning Process and will serve as the umbrella for departmental and agency strategies. Bob Keller is very new to his job. The meeting would be more productive if time is allowed for him to talk with DDB members, the business community, the CRA trustees, and others, before participating in forma&ed discussions between the DDB and the CRA. Betty will not be available for the Nov. 2 meeting and we believe that it is important to have Betty at the meeting to represent the City's role in assisting the CRA and DDB in implementing their strategics. PROCESS Pamela and Bob interview CRA trustees and DDB members as well as others regarding their thoughts regarding roles and responsibilities and future direction of each group, Discuss also "who should be at the table to assure all views and contributions available to develop strategies and implement plans?" OED to design a process of visioning and consensus building around the goals and actions of each group as related to development of the City. Hold minimum of one meeting and possibly more (to be determined by group members) to meet the following objectives: 1. Use consensus building to identify mutually agreeable objectives and strategies for each group. 2, Assure congruence of CRA and DDB strategies with City's overarching vision. 3. Design action plans to implement strategies. 4. Determine roles, responsibilities, and timelines for action plans. . Item #39a 70g MEMORANDUM TO: The City Commission FROM: Betty Deptula, City Manager SUBJECT: Compensation - City Manager DATE: October 15, 1996 1. The following is the compensation provided to me since January 1, 1994. January 1, 1994 Interim City Manager $80,000.18 Paid 6 days of vacation April 4, 1994 City Manager $80,000.18 October 17, 1994 $84,800.30 39 a October 1, 1995 $89,888.24 Paid 7 days of vacation 2. The following is the compensation provided to former City Manager Michael Wright. February 1991 City Manager $80,000.00 October 1992 $88,000.00 (Accepted a position in West Palm Beach in December 1993) Attached are: 1. City/County Manager Salary and Benefit Survey conducted by the City's Human Resources Department in September 1996. This includes a benefit comparison as well as a salary comparison. (The City of Largo offers a "cafeteria plan".) 2. 19916 IPMA Compensation Survey which includes salaries only. 3. January 1996 Cooperative Salary Survey from the Florida League of Cities. . V. ro H m > a a a 1 a O ac L) ? N a Q 1 1> r. N cli 7 ' C CD 0) in m C13 s ?'. Z N C E m T C O GCi - E C ` i C .r- E O d G ,O d D , 0' O N 'cn a U C cn a U C a a 0 `1 a C s a L u- a Q C m ? C a s V a a s a a C a c m a w a. w a n CO CL a U a n. a. WQ' o fo 4. C c m C o 9D UU oU pU U 0 ? ? p c } 0 2 V Vl cn cn m m o N cn m a o u a sg $ cg is } « } . z 3 a Z « Z N ' 0 E > ? > 3 - m m m ccf E X 3 3 3 ? c r ? 0. z z z z N t1 r CO v . z Z o L ! L L %0 Y/ N CO It co to h M m ¢ ° ° • a ° ° U. c w o o a in n ° o m to CD o 1 • a ° O o o a « ° o W .. z c o co w ~ 4.? Q av co M ° Q to rn vy v i cH in n Fn U), to 0:: o W Z. to a w 0 CL 0 0 a) 'Y r = r- a) m ° x ?m,n^ w E cL w ?' . e n aw i m E /cn co ?,n ! V m L A 11. V/ ) O 0 4 0 ctl 3 O G 4 0 V/ V/ W 5- . m m w N a O Q N C z o U U 0) a U L) a 0 a L1? ? a CD 1 U to LL: W : N O . W (L LLJ s`- y v Q N v .? N N 0 N N c m a rn ° ?- r- r r r a? r z.. o ro 3 m O' a i cc N G Q CD Q O ?T Cl cn I? O C7 ' M ?- N T N N N N r r- N > Q Q V ,? o x ?. 10 a tn °o fV ° to m U ro ° L? to 9 °o `m V ca V rn h °o OD m U U b M ° .0 .. a ro m - N ° ° « ¢ 3 ¢ C3 u? Q O cn O cn to u. l S ? R U U :.. 0 d) ° $ a N r cn M ° aC) : O 0 O Cl ° ?$ Q o Ca rn ti co co co p 6 O cm 4:y ti 6H v3 o rn en m In ° co Vi T cn co cn o p 2) a u' A C U M ca LA O O d) cm a C) 0 .13 Q 0 m ?. N a fl 4 o C O n O L C aO C] m w O 7 C iu 4) ?c3 (L M 12 C ' N in C? m q . [ ?? ct 63 s - - 04 [ ??,, ¦? City of Largo, Florida "+•« wM r rA. time ill V'Oa rkm,ae 1W Kral Please Fill Out YOUR Benefit Election Statement Completely -Enter only anuual.am4v UIn Opprepriate columns. Heath Irmwrarlea (Employee coverage must be selected unless proof of other insurance to p(ovided,} ANNUAL TOTA Principal Health Can Pain6pal Health Cue Total Anewal Carousal Ponts Total Annual Payroll Deduction LS Secure Classic Used Needed 1'.rnployM 31,286 annway. . $1,710 annually 3Sf ar pay $72.50 par pay !2.040 ervwasy • $2,712 annually . $t15 per pay 1113 ar pay ENVU yw # Fa" $3.158 annuan . Sa,2W annuary $131.50 per pay $175 per ply Oentat krourance ANNUAL Ptah Plan TOTALS HMCWPrepaid indemnity Effo Mee $1$4.60&&WARy• sfe0snnua SSZ pw pay $7.50 per pay FJno+oyaro . t SM annually • 1336 anrwsr $9.50 per pay 314 per pay EffV y4a • Family 3357.40 ennuay. . 5456 ¦nnuiliq 314.73 per pay $10 par pay LWq Term Msabit;ry 300p1s/FttquVW Vwa*m Days: 1 Day . 220 2 pay a 440 3 oily ¦ 660 Tuition PwimeurswrwnL ......... ....... ...........Maxrmum 4nna1 exceed carousal points Ya:•Free Money! Flex ble Spending Accounts Matschymotayviow., ..... _ . ........... ..... ..LUX; urn $5,000 Tait-Fro Mon"41`6exibla Spd4" Aw".ints 0epandaet Care..„.»„............ ............................................... kAtxrmum 33.000 ROTE: TWS bensfcl can be taken at the beginning of omptoymwu with the City of Largaa, rerwwable arvii ally and at open Cradwent far employe" c urenty not on the program(wirh proof of insurability and pof tlbi!* blood or wine test as required and patd far by the Imunsnce carrier.) It an employee woWd (rice to slam this benefit or would lice to Increase hi wr current coverage, please rotor to the Royal Ma=bees Life Insurance Co, guidelines In the ganaSU Answer Book. SWpkmwnul Luc insurance. Coveta4e • Optional DeaMleM Coverage - total Co+erli" Is based on omp"'s ago Mdned Aqe of Annual Flnployae Covem" Cost 'Opoornal atnpbyee as of Oebber 1, ]076 $26.000 $50.000 :100.000 $150,000. Depend. 0-74 124 348 $96 31" $14,16 73.39 $30 Soso 6120 slllo $t6.S6 4044 148 696 $192 3286 $23.76 4$49 $7$ also $012 $468 335.70 30.54 9130 1]00 MW swo $64.56 ss•59 $240 $4eo $960 $1,440 $100.58 00.64 tw $572 31.34 S?.016 5 MOM 6&0 $570 11.140 $2.260 $3,420 $232.56 ' Spouse (Sto.000) and Doeer+danl ChId (32,000 eith) Warned Compensation: W.M.A. Minimum bi.woo#y oonrntwtron 35 ($IW aruxral total), rna)dmurl Cantnbutioa is $7= or 2S% of annual salary (after al pre-taut dodurxiorts), wtticha-r I. lane tI MAYlUi lU nrnttri?-KN• + A--.•-'r. - - enter '14W to the payroll 0o0uctrpn area. Del¦rr¦d Compensshan Tout Annuat Amounts' Grand Total, 6,0g0 ( ngrpl (tsar those" be my berlAx for FUcj) Year 1 P97. I fully undorrtand and realise that f CANNOT REVISE my 4f1lwAm of the above benath(t) dtiMo wile Faoi l Yaw. wept fa a ChIA96 In ttlm Slatu$ tell the BMd it1 Anrrrer Book kir dulails). I have received and read the 'Crty of largo's Benefits Answer Book' and undorttand its eonlentt. 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I 1 m [? 1 m 1 m b b ' t r4 f-4 1 tnHHD Ln p- J i cobl-Q t, To i ' OC T ' 1996 ?'•`i?SC MEMORANDUM CLERK TO: The City Commission FROM: Mayor Rita Garvey SUBJECT: City Manager's Contract DATE: October 7, 1996 The City Manager's contract is scheduled to be discussed at the October 17, 1996 Commission meeting, In reviewing the contract, 1 would like to suggest an amendment to her contract. As you are aware, the City Manager spends a tremendous amount of time conducting city business whether it is during city time or after work hours. In order to accomplish her role as City Manager, she does not always have the opportunity to use her vacation time. Because of the, length of time Betty has worked for the City, she currently receives 20 days of vacation. The City Manager can accrue up to 3 years of vacation. Because of Betty's very busy and hectic schedule, f would like to amend this section to include the following language: City agrees to pay Employee no more than seven (7) days of her accumulated vacation days (that have not been used) on the first pay period in December of each year. CITY hIANAGER EMPLOYMENT AGREEMENT T141S AGREEMENT made and entered into this day of May, A.D. 1994, by and between the CITY OF CLEARWATER, FLORIDA, a municipal corporation, hereinafter called "City," as Party of the First Part, and ELIZABETH M. DEPTULA, hereinafter called "Employee," as Party of the Second Part. WCCNFSSECH: WHEREAS, the City employed the services of said Employee in a public meeting on April 4, 1994, to serve as City Manager; and WHEREAS, it is the desire of the City Commission to provide certain benefits, establish certain conditions of employment, and set working conditions of said Employee; and WHEREAS, it is the desire of the City Commission (1) to secure and retain the services of Employeo'and to provide inducement for her to remain in such employment, ('2) to make possible full work productivity by assuring Employee's morale and peace of mind with respect to future security, (3) to act as deterrent against malfeasance or dishonesty for personal gain on the part of the Employee, and (4) to provide a just means for terminating Employee's services; and NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows: Section 1. Au.-UU and ResponsibiliL A. Employee agrees to serve as City Manager of Clearwater and to fulfill the duties of that office as set forth in the City Code and City Charter. B. Employee agrees to remain in the exclusive employ of the City and shall not engage in any other employment or business activity, without specific prior approval of the City Commission. Section Z. erm A. Nothing in this agreement shall prevent, limit, or otherwise interfere with the right of fhe City Commission to terminate the services of Employee at any time in accordance with the applicable provisions of the City Charter. B. Nothing in this agreement shall prevent, limit, or otherwise interfere with the right of Employee to resign at any time. C. Nothing in this agreement shall be construed to establish a fixed time or fixed term of office. Section 3, Terminintign v A. In the event Employee is terminated by the City Commission during such time that Employee is willing and able to perform the duties of City Manager, then in that event the City agrees to pay Employee on the last day of her employment: A lump sum cash payment equal to three (3) months aggregate salary; all accumulated and unused vacation time and floating holidays of the employee. The City will provide professional out placement services up to a maximum expense equivalent to one month of employee's salary. 1. The Employee may elect to treat as termination of her employment by the City, within the meaning of Section 3A of this Agreement, any formal or informal action of the city Commission requesting that she resign, or any other action of the City Commission whose purpose is to eliminate or reduce any of the benefits or prerogatives to which the Employee is entitled under this Employment Agreement, Charier, or Code of Ordinances or the status or role of the City Manager as contemplated herein, or whose purpose is to induce the City Manager to terminate her employment with the City. 2. In the event that Employee is beset with any chronic, debilitating illness or injury which prevents Employee from under aldrig or performing her responsibilities, then, in that event, the Employee may resign her position with payment of s: «severance pay equivalent to three (3) months' aggregate salary and all accumulated and unused vacation time, floating holidays as of the date of termination. 3. Aggregate salary as used in this section shall include the compensation and retirement provided for in Section 4, A and C. B. In the event Employee is terminated because of conviction of any illegal act ' involving personal gain to herself or conviction of a felony, City shall have no obligation to pay the aggregate severance benefits described in Section 3 A. C. City specifically agrees that, because City Manager is a full-time employee of the -2- ` City, its sole remedy for any error, omission, negligence, or the like of the City Manager is termination of her employment. D. In the event Employee voluntarily resigns her position with the City, then Employee shall inform the City in writing and shall give the City two (2) month's notice in advance, unless the parties otherwise agree. E. This Agreement shall be terminated by the death of the EMPLOYEE as of the date of death. In the event of the Employee's death, the CITY shall pay a designated beneficiary of the EMPLOYEE or her estate all accrued compensation due EMPLOYEE under this Agreement within ten (10) working days of the EMPLOYEE's death. Section 4. Salary, V A. City agrees to pay Employee for her services pursuant hereto an annual base salary of $80,000 made payable in bi-weekly installments, beginning April 4, 1994 with a review of salary and benefits in September 1994 and annually in September each year thereafter. B. Employee continues to be covered by the: Employee's Pension Plan. C. City agrees to contribute an amount equal to six percent (6%) of Employee's annual base salary to the City sponsored deferred compensation program. D. Employee shall be provided a $400 per month local area car allowance with all operating and insurance costs to be borne by employee. In the event Employee travels outside a local radius of 100 miles on official City business, she shall be reimbursed the same rate as all other employees. E. City agrees to provide Employee other and additional employment benefits enjoyed by other City SAW employees, including but not limited to such benefits as holiday • and vacation leave; and health, hospitalization, life and accident insurance, except that Employee will no longer accumulate additional sick leave hours. F.' The City agrees to pay Employee upon retirement one-half of the J,271.4 accumulated sick leave hours as calculated for pay period ending April 30, 1994. If sick leave surpasses 10 days in any one year, the Employee agrcts to charge the additional hours to the accumulated balance. G. City agrees to budget and pay the dues and subscriptions of Employee necessary for full' participation in national, regional, sate, and local associations. and organizations necessary and desirable for the good of the City. .3_ • H. City hereby agrees to budget and pay the travel and subsistence expenses of Employee for professional and official travel. 1. In accord with the City Charter, the Employee shall establish residency within the City within one year of appointment to the City Manager position, The City shall pay all direct moving expenses related to the moving and relocation of the Employee's family. Section 5, PerArMance v A. The City shall review and evaluate the performance of the Employee at least once annually in accord with City Charter provisions. Said review and evaluation shall be in accordance with specific criteria developed jointly by the City and the Employee. Said criteria may be added or deleted as the City may from time to time determine, in consultation with the Employee. Further, the City Commission shall provide the employee with a written summary of the findings of the evaluation and shall provide for the employee to.discuss the evaluation with the City Commission. B. Annually, the City Commission and Employee shall define such goals and performance objectives that they determine necessary for the proper operation of the City and in the attainment of the City Commission's policy objectives and shall further establish a relative priority among those various goals and objectives, said goals and objectives to be reduced to writing. They shall generally be attainable within the time limitations as specified and the annual operating and capital budgets and appropriations provided. . C. in effecting the provisions of this section, the City Commission, City, and Employee mutually agree to abide by the provisions of applicable law. Section 6. Qther Jc= and CQndllions or Employment A. The City Commission shall fix any such other terms and conditions of employment, as'it may determine from time to time, relating to the performance of Employee, provided such terms and conditions are not inconsistent with or in conflict with the provisions • of this agreement, or the City Charter, or any other law. Section 7. General Provisions A. The Members of the City Commission and the City Manager agree to work in a spirt of open communication and cooperation, in an atmosphere of mutual trust and support to -4- 1 f t attain shared goals. B. ' The language of the City Charter with regard to the powers and duties of City Manager is incorporated herein by reference. The text herein, including the aforesaid provision of the City Charter and City Code, shall constitute the entire agreement between parties. C. This Employment Agreement shall become effective as of April 4, 1994, and shall inure to the benefit of the Employee and the executors and the heirs at law of the Employee. D. If any provision, or any portion thereof, contained in this Agreement is held to be unconstitutional, invalid, or unenforceable, the remainder of this Agreement, or portion thereof, shall be deemed severable, shall not be affected, and shalt remain in full force and effect. In WITNESS WHEREOF, the parties below have caused this Agreement to be duly executed this day of May, 1994. .,.. %.{ A7TFST:i' 't•,II } ,CIT,Y OF CLEARWATER, FLORIDA s 1I .r By: i xt .. - _ _ ..._.._ ' Elizabeth . Deptu , City Manager r " •1.?,,??r, . ,City ? t;;ler]c t 1. • . IA I Xaoos j / Appx+ovcd?astt'4orm and•ro tress: Countersigned: ?• _......:.? ' In City A o an S. Z WUN.FSSES: By. -5- i {, • /t?6/Y I G, of tine City Commission to terminate the services of Employee at any tiro: in accordance with the >rpplksble provisions of the City Charter, U. Nothing in thu agreement shall prevent, limit, or otmerwis,e interfere with the right of Employee to resign at any time. C. Nothing in this agreement shill be construed to establish a fixed tint or fixed term of office. Sedioa 3. inat i n A _StveCMM-4'n A. In the event Employee is ierminaird by the City Commission during such time that Employee is willing and able to perform the duties of City Manager, tl•en in that event the City agrees to pay Employee on the last day of her employment: A lump sum cash payment equal to three (3) months aggregate salary; 211 accumulated and unused vacation time 3.-xi floating holidays of the employee. The City will provide professional out placement services up to a maximum etpew: equivaknt to one nwrnth of employee's salary. il. ;%&- *eyet--tm kel mot . _ pk-rmtnt-by--h Mridttrr . -f-fiction Of the C-;1V -Akh the Employee is emillm.- o l# • , . Termination of the E,r;h;,+sxe's emp.r.yme i by the C1ty within the meaning of Sectian ?A of this Agreemem sha!l mean anti formal aaion by Ow City Comnusslon requesting that the rrrign or Aini Icing her from her eVloymnt %*h the Gry. The FnWk -ee twy elect to treat ac rennination of her [mpkaywnt by the Ony uVrin mkt meaalnX of Secrion 3A of A& Agreunew any other action of the Cuv C4 mWlon whlch eliminates or reduces any of the benefits or prerosafires to which the FiVit }•ee is entitled wider this F.rplo7?rrent ARreemerr, the Gy Gtarter, or the Cry Code of Ordinances or the stc7us or role of the Gn• Manager as defined in the Groner, or whose purpose is to Induce the Eryloree to rerWnute her employment with the Cin•. 2. In the event that Employee is beset with any chronic, debilitating ilsress or injury which prevents Employee from undertaking or performing her responsibilities. then. in that event. the Employee may resign her position with payment of severance pay equivalent to three (3) months' aggregatt salary and 311 accumulated and unused COPIES T rOMMrSSr0A; 00-r 1995 .TO: The City Commission CLERk ?% AT TORN FY FROM: Betty Deptula, City Manager SUBJECT: Evaluation DA'L'E: October 9, 1996 Attached is a copy of my self-evaluation for your review. This information will be utilized during your evaluation meeting scheduled this week, attachment i t 1 O p 6 y G lea 60 4 ).23 2 y Ik w y zl% y? "? + ?-7 ? e? ? C? ,? ? ? E"'R ? 'C3 ? uu QVI Qa Q I ? ? i V l 'A i ?-r ?. v . i ? td 8 to .5 O .M 00 ? E co S .•E • •a ,? ? c? ? .ter ? y ?? (? N ° u 3w 4r O ? '? 's?ei • „" /,per (?f ? ?"' ? .,ha ?. 8.,940 i Y }ri1 Hwy ? .. u = V M a w w w O S ?04 C N eI rz L, •M N .? .90 s I 4 H p 8? o jig: A _ .S 8 9 00 ?, Al a 8 .? w w 'E U t '" ? ? tT? ? ?? V ? ? N ?s M ?o Q aca ? i /jam ?+ ? ? • ' •a g .a `D, •? w ,?. .a . At a 4 4-4 zip* ? V s ? ?8 u Yf is lt! !a v? • E 1 ? z a! •r • • cr b y E E ?, •? s A .... ?, E 4 - 0 •.., Vy ? •5? 0 ,? ? as 0 ? $ ,a 0 ? .? ? ? . •? c ? .S .a ? g? H ? R i ?O•il .? ? ? ???r• ? O fir. c U 00 Q? Cu m to E •" ir, o .' w 3 -C . 4 0 ? .s V H V ? o a o ?? ?? O 00 E a w cd u H ? W Q VAIM o w u o o..? 75: ,?.? 'E c a o co ti. orm or To`i: MEMORANDUM C YTY OF C LEARWATE R Posy Orncz Boy 4748, CuAuwATu, Fw=A 34618-4748 Cmt HAu,It 2 Sams OscmA AwNut, CLv"ATeu, Fco$UDA 34616 Tav"ora (613) 462.6700 Fix (813) 462.6720 TQ Betty Deptula FROM:- Jean Sherry; Di t REa • : ' Tourism Office" • , •`' •i••?±s•?.'? f• irk y' . + - .. , ' .. Betty, t1?e Mom is a srut?r of sums of the activities the Office of Tourism has an e#fon to accou0sh 1995% Tourism Goals. .' , ' J .. Pvbik reLaHons and adverflaing efforts to increase awareness. + Chicago Promotion inclusive of 1)' CNN and WUSA cable commercials; 2) pronwdonai eontest on radio station WLUP; 3) travel agent mission to Chicago with diract mail follow-up; 4) two press releases to Chicago area daily and weekly newspapers. Distribudon of Tourism video to Chicago travel agents. Distribution of Tourism video to Orlando Concierge association members. + Full page advertisement in the special Florida Tread supplement. • Brochure ad in Florida Trend May issue. • Brochure ad in AAA Going Places - May, Florida edition. • Brochure ad in the Adanta Journal Constitution, May Vacation Get Away section. • Four page Advertorial supplement in the Orlando Sentinel "Seasons in the Sun"', May TOURISM SCE ACTIVITIES Page 2 • rJaa I?Wda als: I) ]an rum (August and September, 2) Jazziz -• : • Distnbuitioir d ons bmchurm a3 a responm to requests for !#t[or=tion and,in,thc State of Florida Welcomme Center ce 1.75. • D'• ibutinn'of press hits to promote the Nagano/aearwater Sister City HoVWty Cow in the press center at the Atlanta Summer Olympics and at the Vusannart Conference for Asian tow and travel agents heOdando: Total number of calls to date is 654. 0.0011 ' •?-i• a j•• .• , •?• • -•t•ti- a??•I J-.' ??•• '•,f' .? a ?1 71IZ . ' :. .?'=; :.• •: ;'? ; ' `'.: Y-• A 89.4•• . .. • , •y ,?y`, ..r -t `.,.? s•i i.'1•,..I?` * •?/-.` L?fl , ?' ?• ' _ • '92.7 • , ? ?. • ' _?.?, .?,•s. ?, ,c :?? ?? s: :',.? - 82.4• .. •. 7:? 6 68.0 ? 1 . , : • - , .-k' .... •, i - Mal 67.0 ` • ePiadlai Caoaty Visitor Survey. Research Data Services, Inc. Placed but yet Wb66&. • Ckvdmd Plain Denier, ec itodA fcatwe in thcir travel section (October) • Costal Cruising, "tonal feature (November) • Gourmet Coffee Sherpa, free Isms developed story - in distribution • Bnxtum ad. HowlWMI/ Association 1997 Accommodation Directory - I million circulation, 5 languages worldwide (December) • St. Petersburg/Qearwater Area Qmventiaa and Visitors Bureau 1997 Visitors Guide, 425,000 circulation (December) Development of an internet home page (October) 2. Tourism efforts to Increase visitor satisfaction Initiated a program conccjpt to develop minimal standards for hotellmotels designed to increase quality standards TOURISM OFFICE ACTIVITIES Page 3 • Supported the Superior Small Lodgings program throw additional exposure on accommodations brochure and in advertonal copy. • Initiated a prag mm eooccpt to assist hotels/motela to comply with Coin adinance which regnim all hoteldmotels to file an emergency evwwdoon an for visitor safety.. P! • Applied for Zmnt allowing Clearwater Beach to be a research site for a visitor assurance study involving emergency evacuation, + Initiated a concept for a citywide Hospitality Program inclusive of a hospitality hotline, "concierge in a box", training video for front-line workers and a training academy for new hires in the industry. 1 ?b 4. .y f• i i 39 b, TO: The City Commission FROM: Betty Deptula, City Manager SUBJECT: Compensation - City Attorney DATE: October 15, 1996 1. The following is the compensation provided to the City Attorney since her hire date. October 3, 1994 $80,000.18 October 3, 1995 $94,800.04 (6%. increase) Attached is: 1. City/County Attorney Salary and Benefit Survey conducted by the City's Human Resources Department in October 1996. This includes a benefit comparison as well as a salary comparison..' (The City of Largo offers a "cafeteria plan".) 4 x Lg= G Ol c (? V 'n.' F... O fA O °- ta (6 in 5 i . ° Cl) U E 7 E 'C S2 O j O V p a N N N C 47 w U ?(n a U V1 U W U) 7 N a Q v v a cn U7 ? G l d cn n. CL (%j w n. co w a f!) Q, _ _ is o _ o o 13 a E3 n N U crg N ti U U c U r° U ?° m (n m 8 tn S ° ca C z . z z z . z z v Ch y (n C4 44 U) x ?Yac x 3 3 3 3 s x > o N r z° z° .0 z 0 z 0 C14 t- (D a L L L N Q .O tD + r r' N cq V' co vi [Y. 7 n n n n 0 C) 0 C) C) C3 d) n LL z IS. :3 o° aCY) ) co 0 0 EN C) L°, C) 0 0° ` z CD W . , C IA N3 + EO w to E4 ... ? Lu. C CL CL CL. m 4 O + E E cx a Q? C ?` o cn Zu,0 , CD U U U w q °' r [+aN U cn ? Q 70 ? a o ,n U) O U) LL ? N Q= c7 N 1" M N O in: o C3 e O o r Q O p U N Q N a a 4 w UO (D 0 w p L m .0 0 r.- C14 C14 CV N co a 3 V, a o z :3 c O GI "j J O *? •a C ' N N O r? C] ' ( ).' V N N r- w E N di T T N N c N r U' cdi a a O o p om E E E o Z O Z _ `? ULr) o Z ` O ? O N ] in N V3 . M U N o ro F= -? Ln c c _ E Lo 2 ?Q ` a Q 0 L to L ao ? ? U fl ; _ a r U ? 0) c) LO N m ?' r O O d G ~ a ? S e ? tr) ? d t C Z B f ~ I o l w T a a of a) a i a) a i r o O 41 C (D ?j o N r 0 Z Uk to (a C C ? 6 0 m O U 0 m co - y co t2 n e_ L) - CL 1 n $_ $ "m a) o '2 .0 ? d fn L. $19 v o? I g g ° ro$ a ? co 0d, a c° C m N ?d -j oi .i V nin PI gyp 0)'C i ??• ???? %.r14y ul Largo, Florida ?.... ? o aar< n t WP. I>R+1t )604M Pleau Fill Out YOUR Benefit Election Statement Completely I Wee eal7xafuL.tm =Uinspprop?tafa totomra. H#1Ah (rratx * (Employee coverage must be selected unteu proof of oNr irsturanee is pmvidedr ANNUAL Pfindoo Health Care Arklclpaf H*4)th Care ToW ArmW Total Amwaf TOTAL$ Swwo Classic Carousel Pornta Payroll Deduction Used Needed effo rye. $1.296 ernrey . 11.740 awrwaly 174 Per Pea f72.50 9+f par $2.040 arwvA3y • $2.712 ¦rvwaly gas Oct oar $113 per Pay loci" ? Fir Nly IU• S" wFuafy • $4200 annuasy $13 1-50 pray pay $17S per Pey Dental 4rstxar+e41 ANNUAL Plan Ptaa TOTALS Hkxypfepa+d lndfnw*y ?rnpfOy4? 1124.10 anrwaslr • $189 arrway 9340 Per pay 57.50 pw peal « • r SM ar mx*f • s3c+s &NVw . $150 ON pay $14 per pay Effo" • Furdy $393.40 wwwsb • 54% onnway • L 514.73 par pay $19 pus pay UN T41M Asab6rj 300 ptslfiegvind vacation Days! 1 Day . 220 2 Day ¦ 440 a Oay . 660 Trrliat PAWftnan WN L .................... ..... Maurpon unnot skied urovaef Points TA*01W MW ft N FWAYA Sperdrq Aomuntt .,Ma6murn !3.000 Ysa,•Free saoneyNFlasbte Sper+dry Aaaoounes t7ep.rfd?rxCaae ..._ » .... _ _......... _......Moxaawm $5.000 NOTE This benefit tan be taken at the beflrKlirq of employment with the City of Larpd, rwwwabls aNftmly and at Open CnnO ant for t9mp4oysu afinendy not a'1 ft progrwNwith proof of irlarrabity and pomble blood or wkw lest as required and Paid far by Me irawwo t&Mw.) U an ernployN ward like to start ft benaf t of w%4 tare to kwam hi7Aw etlrunt coverage, please refer to the Royal Macimbses We Insurance Co. gtdtle6rws in the Sweths Answer Bo0tL SrrPplsnrsM1 Lee rrnuranoe: Corerape • Cpaonal 13easa+4eru Coverage ¦ Total Cownge is based an emproyee's sqe Asokwd Ape of Ar r Elrpfvyse Cawersge Coo ,off tlfrtpL?y?e" of d oacher t.1996 us= W.ooo 5100,000 sts0.00o. 0.74 534 tits 6% 51" 514.16 7S 3A 530 "o $120 15160 $16.36 40.44 w 596 5192 =4 523.76 4349 579 3156 $712 5461 $9S.7t1 7454 1150 tJ00 $600 $300 164.56 33-64 $240 tm 4960 511440 $100.36 0064 tf?36 SM 31,3.1.1 $3.016 $ ri6.50 "60 $170 $t,la0 $2.260 $3.420 $232.56 • IWas a {$191.007) and 06W@dem Cleld (12.000 uth) Oalmred Cofnpen1A6= f.C.U A. Akninxun bi-WOO Oy 0ontriburion $5 (3130 wwwQ rota. mu mrm cww bA*l Is 19.x00 or gS9k d forecast eatery (after >tr prfrurx deductioro}, wt,ra+ewr u less. If 1401JAW contnUAon is desired, www I MW in the Payrof ce"bon Wea. Dofamd Coff4*nsabon Taal Anrwal AanOvMa' Camd Total: 6.000 f i?fa! Mhat thg" w0l be my **Kftta for Fiscal Ycer f 997. I Rosy tx dwirW4 and valise rhaf l CANNOT REy1SE r»y mwefim of V% sbove bwW41t) Wnn ft Fi50d Yaw. Qxcapl lot a Chvigo in IV* 0AM (N9 the 00tWIS An wt?r book for del&4), l have received snd read the •CAy of Largo's Benefits Answer Book' end vr4saU+Id its =iterlls. °' 1mMf.: 0e10: P. 2 R O fl 3 r. O ft ca C ? ? A ? n ?O !3 C a? n d . J ? O is? - r ' 7 0 } LU 2 ?0 to cli a ?{ i- is U ? L v O W U O P W ?- OA it C? z I IM C cc C tp) G Ja C Q ao?? E?c a 0. ? L: 'v as _ _ mQ o Q E a? 'c5 ° E -4 C c a c _ m o ma E? ao a o ,c .-, acM c g V Z ?0 Esc co c0 GM Cal ca eu?ecat o o c 0O p? m 9 ?E ?m Z I Lo r- m a ?$SaF=40- aa oa:aw° CD, 901 1.o '0Q w C04 M `,•? ?Id1 C C ... 2 E 02 ° C c m?gIC m? cE a?- t as c? 9 aa3a ea ev ? ? r •C C C ? r ' ' O D 1'-` r 4 Ir ? ? w ? ill pp 0 H a ? '7 z a? m c c a o0 S ° .r SAM c ovo a •-?? 32 A ?E 0 " a E . 40 E i?A? •?c *jc O - s ? 0A E E 0 - a o w Mr r V c a C S. 00 a? o 1 E-0 C 0 a H F- W V V N i o? c a O = c 16. G p y a all V aim •? c `Eca'cs acc c ,? c ais p CIA ' ' ccL O ? cc c 4 CoC u c F. 19ce ANC A "a sea fit M N , 1 1 a a p ? t to ? C ? a C ? v c cl c co O? A 'p V C m `O y m . ' 'E .? ° eq m m C p ' W . a U v ? ' ? , mE X 0$ ..? °oo ? ? 07 Co a E 00 0= 3 a3 w >m ? q C?1 ... , ='C .9 C :Z a .2 ?. 0 of ao is ....1 C . to a 00 a ? m Wt D a E c 0 C O c 0 c 0 V A a E a L E s?m m = .00 COL. c cc E o a a a-o c ??? 0 v u E &o m? CL 0 E E c 04 06 qq ErA c PC Rao i? A m ?v.0 a o ?i o ?Mc a ? 0 ? *c w?c 0 w A C 2 ww u w L C C6 w C . O co `D ? e c C C -ME a $ C'? . E _ . C C , R 'at 9 C4 r? sF v a go F a a c O CA C a V w c E E E c 0 o c E a E ,a e E L ? $ q? a v e mm C w r? 0 Y v A c c Q3 ,0 ` a 09 gi r: 'M 9 I H ? 9 SO 8 z'` ? ?p ?? cr ? w w• • o 9 a = ? w ? • C C 1 ? memo 0 18 L"I E a c c O c ° C E E •Z' IL Co c O c C A E T. E ... to ? 0 yyi C M ._ L C g m - W _ g®aC m a C0 WM arn?; ° ' c a .- v a? ? 0 c a$a m ? ? c,v • CL = a ?? o.?s....? o ? ?o CL o 00 raA O . C C °o tm c C c °' a •"-? o b C a .c p c°o A cv - r •C i E c 06 O Qf i 1 g f Pill V. %W vo To ti . a! C g O ? a E e V ? c? S c .., c c _ E c _ a W w ? W ? ? w r rw 7 c ca ) -00 0. ?+ -- ? cu m t? {? G a.. '? t ? a? C .u.. ., V G ... ..: L y? C Z tq- L d .v ad a d rd e3 'v m •.: co Z C a V ° o IV E to C ? • C u cd a a Iva ? G ?E? moo E L ' E wa0 2m s a ? ° a C 3 E cam' v a Z w 0 4 .a?.? ?ma cl? E w cS A%c J ? V J ? o !? p g cm ? s ? c I:' E o° ?19 co a M N L C IT Y OF C LEA RWATER Pos'r OFncE Box 4748. C EAPwAiu, FLoRmA 34618-4748 112 Smrm Os¢aA AvEwE, Ct: ARWATER. F1oRMA 34616 7ELEPi)ONE (813) 462-6700 F&x (813) 462-6720 CrN C0MO5SION October 14, 1996 Cori;; Q To: con?r.fFSS?orv Dr. Jack Critcbfie1d Florida Progress Corporation PO Box 33042 St. Petersburg, FL 33733 Dear Jack: vv? OCT 15 1996 CLERK ATTOR(VEv I am writing to provide information to you as a follow-up to our brief conversation at the Vice-Presidential Debate luncheon. I am the Chair of the Florida Education and Employment Council for Women and ' Girls which is appointed by and makes annual recommendations to the Commissioner of Education on issues related to women's equity in education and employment. The Council met this week for two days to continue its study of the impact of workforce development and .welfana reform on Florida's low-income families, particularly single female parents. Since you co-chair the (lovenwes Commission on Education and also are a member of the Florida Jobs snci Education Pardrership. I ferl you arc a key player in addressing some of our concerns. Pmnorn is development is extremely critical to both the workforce development and the welfare reform initiatives, 'Ire ability to provide a highly skilled workforce for high wage jobs is critical to economic development srctivities. These are precisely the types of jobs that low-income women should be encouraged to train far and enter. However, there appears to be some thinking that lower-paying jobs, such as teachar aide, nurse aide, etc., are more appropriate for low-income women. Simple mathematics confirm that a minimum wage or slightly above will fail to pay for the most basic of family needs - housing, food, clothing, child cane, transportation, health care and work related expenses. We are concearned that the WAGES Act which replaces AFDC does not have suficlau tune limfitr6 preparatocy swvioes, or enough emphasis on vocational-technical education to effectively move kh individual from dependence on public assistance to economic self-sufficiency (i.e., a full-time, high-woge job with benefits). Education is the key to 1ojUg--Jg economic independence. It appears that AFDC recipients will not be encouraged to enter education, but rather to enter a A. I cannot stress strongly enough that having a job does not mean a life free from poverty. Only education for high wage jobs (such as those on the Occupational Forecasting Conference list) is the key to long_te economic stability for these families. We are also concerned that the Regional workforce Development Boards are spending a great amount of time and energy on the details of three of their charges - the tine-Stop Career Centers, School-to-Work, and High Skills/High Wage Jobs. Their fourth charge, Welfare-to-Work, appears not to have received much attention. There are 89 programs serving precisely this population which are funded by the Perkins Act through the Division of Applied Technology, Adult and Community Education at the Department of Education. These programs are at school districts and community colleges. Five programs are in Pinellas County - threw at the school district, and two at the junior college. We encourage you to address our concerns as you serve on these two crucial commissions. We ask that you evaluate and work to change policies and procedures that prohibit low-income women from training for and entering high wage occupations. A few recommendations follow: 1. Policies and procedures must permit the flexibility to allow individuals to enroll at an area vocational-technical center or a community college. 2. The time allowance for an individual to enroll in remedial, orientation, or prerequisite courses (such as GED, ABE, FSOL, etc.) and to complete an educational, training, or apprenticeship program be in the range of two to four years in order to receive adequate training to enter a high wage occupation. 3. A proven effective model of education and support services must be adopted for use with low-income women that assures future economic security for the women and their families, similar to the model utilized by the Perkins Act programs. 4. A comprehensive accountability systemI must be designed for all entities providing services for low-income women to permit statewide aggregation and analysis of data including uniform standards and measures for student outcomes based on self-sufficiency standard, program performance, data collection procedures, reporting procedures, self-evaluation, and third-party evaluation. S. Demographic data must be collected on every individual receiving services by gender, race, ethnicity, age, disability, and socio-economic class. The Council has just drafted 23 recommendations that will be included in the Annual Report. I will forward copies to you for distribution to the members of the two commissions. I sincerely appreciate your interest in hearing our concerns. Other members of the Council from Pinellas County are rim Caddell, Chuck Kronz, Solomon Stephens, and Myrtle Williams. Any one of us would welcome the opportunity to discuss these concerns with you and answer any questions you may have. Since ly, Rita Garvey Mayor Preliminary Agenda (Worksession) 8 5 2? Nax?.»....??...........?w......rr rka,if?t`v.=?-:/.i•rr:??r.if ?a:i.t.:..::. a?.._.,.c• .... _ .. PRELIMINARY AGENDA Clearwater City Commission Worksession - Monday, October 14, 1996 following CRA which begins at 1:00 P.M. but no later than 2 P.M. Clearwater City Commission Meeting - 6;00 P.M. - Thursday, October 17, 1996 Service Awards Convene as Pension Trustees Reconvene as Commission FN FINANCE 1. Authorize a loan from Consolidated Cash Pool to Sand Key Power Line Project in an amount not to exceed $318,000 to be paid back over 10 years with 6% interest; approve $11,050 payment to Raymond James, City's financial advisor, and $10,000 (plus out-of-pocket expenses of $2,089.66) to Bryant, Miller & Olive, City's Bond Council, which are amounts equal to contracted amounts as if the projected bonds of $1.4 million had been issued; authorize transfer of $25,000 to General Fund from project to compensate the City for upgraded light poles; authorize transfer of $30,000 to General Fund from project to reimburse General Fund for administrative time spent by City Manager, Legal & Finance staff to implement project GAS GAS SYSTEM 1. Amendment to existing contract with legal firm of Akerman, Senterfitt & Eidson, P.A., Orlando, FL, increasing legal counsel fees for Manufactured Gas Plant Site by $32,000 for a new total of $102,000 IM INFORMATION MANAGEMENT 1. Contract for advertising agency services to City departments on a project basis to Peak Barr Petralia Biety, Inc., within each user departments approved budget, for the period 1011196- 9130199 (Consent) 2. Cooperative geographic information system with Pinellas County LIB LIBRARY 1. Res. #96-63 - Designating certain library employees as code inspectors and enforcement officers for purposes of enforcing Pinellas County Ordinance #96-52 for recovery of overdue library materials MR MARINE 1. Res. #96-64 - naming the Clearwater Community Sailing Center 2nd floor room the "Carlisle Room" PR PARKS AND RECREATION 1. Approve ranking of: 1) HDR Engineering, Inc., 2) Delta Seven / Peacock & Associates 1 Armstrong & Associates, and 3) IBIS 1 PBS&J re preparation of Management Plan for Camp Soule (Boy Scout Camp); authorize staff to proceed to negotiate a contract in order of ranking 10/14/96 EN ENGINEERING 1. First Amendment to License Agreement dated 418/96 with PCS PRIMECO, L.P., providing for termination of all effects of said license in regard to premises at 1400 Young Street & 1700 Kings Highway, and ratifying certain other provisions described in said amendment, and approve Memorandum of License Agreement to be recorded in Public Records of Pinellas County (Consent) 2. Assignment and Assumption of Lease with Peerless Supply, Inc. to Noland Properties, Inc. dated 9126196, re city-owned property, A.H. Duncan's ReSub, part of Lot 7, Sec. 22-29-15 (Consent) 3. Cooperative Easement Agreement with Pinellas County School Board for construction of Allen's Creek demonstration stormwater treatment project at Clearwater High School (Consent) 4. Contract for new airplane hangars at Clearwater Airpark to Hennessy Construction Services, Corp., St. Petersburg, FL, for $485,124.48 5. Clearwater Airpark Issues 6. Payment of $34,570 to Post, Buckley, Schuh & Jernigan, Inc., City Engineer of Record, for comparative assessment of Cell 2 and "C" Pond concepts re Town Lake Project (Consent) 7. Hillsborough Property CP CENTRAL PERMITTING 1. Variance(s) to Sign Regulations for property (Smart & Final) located at 1661 Gulf to Bay Blvd., Gulf to Bay Shopping Center, Lots 3 & 4 (Arthur & Mary Bruno, SV96-20) 2. Public Hearing & First Reading Ord. #6094-96 - CG Zoning for property located at Hercules Ave. at Sunset Point Rd., Sunset Oaks, Lot 2 & S 160' of Lot 1; Pinellas Groves SW, part of Lot 1; Sec. 1-29-15, M&B 13.02 (City initiated / Markos & Maria Poniros / Amoco Oil Co. / McDonalds Corp., Z96-11) 3. (Cont. from 9119196) Public Hearing & First Reading Ords. #6078-96 & #6079-96 - Land Use Plan Amendment to Institutional & P/SP Zoning for property located at 1331 Cleveland St., Brookwood Terrace Revised, Blk 6, Lots 3-8, part of Lots 1 & 2, Lots 9-13 and N112. vacated street (Jams All Salam Inc., LUP96-05, Z96-10) - To be Cant. 4. Public Hearing & First Reading Ords. #6096-96 & #6097-96 - Annexation & P/SP Zoning for property located adjacent to Countryside Community Recreation Center, Sec. 29-28-16, part of M&B 22.02 (Florida Power Corp., A96-26) 5. Public Hearing - Res. #96-69 - adopting the Evaluation and Appraisal Report (EAR) of the Clearwater Comprehensive Plan 6. First Reading Ords. #6101-96 & #6102-96 - amendments to Occupational License Tax regulations & fee structure 7. First Reading Ord. #6084-96 - revising Appendix A, Schedule of fees, rates and charges for various permits & services related to building construction of Central Permitting 8. Contract for Determination of Need for Clearwater Beach Community Redevelopment Agency to O'Neil Planning and Design Services, Inc., for $20,000 (Consent) 9. Receipt/Referral - LDCA regulating public education facilities (Consent) CM ADMINISTRATION 1. City Hall Renovations - transfer $500,000 from Creative Beers construction project account and $15,800 from projected funding to Rowe Architects, Inc. to a City project fund 2. Accepting Brownfields Economic Redevelopment Initiative Cooperative Agreement (Consent) 10/14/96 2 i CLK CITY CLERK 1. 1997 Legislative Program CA LEGAL DEPARTMENT Second Reading Ordinances 1. Ord. #6099-96 - amending Sec. 2.561(7) authorizing City Manager to approve change orders up to $ 25,000 Resolutions 1. Res. #96-65 - Demolition Lien - 1114 Carlton St., Greenwood Park First Addition, Blk B, Lot 23 (Alma Davis) 2. Res, #96-67 - Abatement Lient - 1980 Byram Dr., Sunset Highlands Unit 1, Lot 48 (Bill Nelson) 3. Res. #96-68 - Amending Commission Rules 4. Res. #96-70 - Assessing property owners the costs of having mowed or cleared owners' lots Agreements, Deeds and Easements 1. Modification of Declaration of Unity of Title and Easement modification (Clearwater Christian College Private School) OTHER CITY ATTORNEY ITEMS 1. Lobbyist Contract - Legislative Consultant Services Agreement with law firm of Pennington, Culpepper, Moore, Wilkinson, Dunbar & Dunlap, P.A. City Manager Verbal Reports Commission Discussion Items 1. Sand Key Civic Association request re sign 2. City Manager Evaluation Report 3. City Attorney Evaluation Report Other Commission Action Adjourn 10/14/96 3 ENS City of Clearwater Interdepartmental Correspondence Sheet TO: Elizabeth M. Deptula, City Manager FROM: Richard Baier, City Engineer COPIES: Honorable Mayor and Commissioners Kathy S, Rice, Deputy City Manager Glen Balhnick, Civil Engineer II SUBJECT: Airpark Lease Issues DATE: October 10, 1995 ..In response to concerns and ideas by the general aviation community, the RFP candidates, the Airport Authority and the City Commission, I propose the following as possible supplements and/or revisions to the existing subject lease: • Aviation Operations Area / Maintenance and Repair: This portion of the lease refers to upkeep of the flight operations building. I recommend adding language stating performance standards expected of the FBO complete with monthly inspections conducted by City Staff as well as penalties to be assessed for non-compliance. I also recommend an additional paragraph be added under this Article thoroughly explaining what ADA modifications are expected for the flight operations building. • Rights, Obligations, and Minimum Operating Standards: This portion of the lease refers to customer standards. I recommend that language be added stating penalties for non- performance. • Maintenance ofAirpark Facilities: I recommend that a paragraph be added stating the FBO shall be responsible for funding titre mowing, trimming, edging and general grounds maintenance of the Airpark. • Payments: This portion of the lease pertains to payments to the City for rent and fuel sales. I recommend monthly rent be increased by an amount agreed upon by the Commission. I recommend fuel sales shall be increased by an additional .02 cents per gallon for a total of .05 cents per gallon. (This amount was determined by an appraisal performed in November 1995.) In addition, I recommend a paragraph be added requiring a certified annual audit be performed by an independent CPA. w Miscellaneous Provisions: This portion of the lease pertains to the City's right to develop the Airpark (implement the Masterplan) I recommend that a paragraph be inserted stating that the rent from-the new hangars shall be divided between the FBO and the City. 75% of the rent to the City and 25% of the rent to the FBO. Airpark Lease Issues g16 y,1 'l . 1 •. .•f % y •` f r 3iJ>, ji. e .. + r 1' 2 I TO: FROM: SUBJECT: DATE: Richard J. Baier, City Engineer City of Clearwater Interdepartment Correspondence Sheet Earl Barrett, Real Estate Services Manager Various matters related to Hillsborough County property October 8, 1996 Responding to your request for information on: 1) What improvements Robert E. Smith may have made to the above reference property during the period of his stewardship; 2) Current property valuation/assessment data, and, 3) Recent inquiries regarding the property, I attach the following: A. Copies of 5/14/82 Agreement between the City and E. Palomino Dairy, Inc. regarding its custodianship of the property, and of a subsequent 1987 Letter of Agreement concerning the same matter. B. Copy of the July 19, 1996 memo from you to Betty Deptula regarding analysis of the recent real estate appraisal of the property that currently values the land at $2,600.00 per acre. Hillsborough County Property Appraiser Ron Alderman currently assesses the property at an average value of $4,945.00. C. The following parties have inquired either by phone or in writing about the City's interest in either selling or leasing the property since publication of the 9/4194 St. Petersburg Times article headlined "CLEARWATER MAY OFFER SLUDGE SITE FOR LEASE'. 1. Mr. Frank Valente, St. Petersburg, Fl. 2... Mr. Roy C. Scarfone, Odessa, Fl. 3. Mr. James L. Redman, Esquire, Plant City, Fl. 4. Jeff Spillman, on behalf of Tri-City Car Club Please let me know if you require any further information on these matters. C4 ?C /lam I?or.FS/J h n?.Cr4 tf.a ? tJr t•.? ?/? S'r ?.s ? Irs Cr+.?J7? I ??+?ra a.P ??7 r?' l? . AGREEMENT THIS AGREEMENT, made and entered into' this day of 1982, by and between the CITY OF CLEARWA TER, FLORIDA, a municipal corporation, hereinafter called "City", and E. PALOMINO DAIRY, INC. , a Florida corporation, hereinafter called "Contractor' WITNESSETH: WHEREAS, City maintains a spray irrigation area adjoining the Northeast Wastewater Treatment Facility; and WHEREAS, such fields produce a crop of grasses which require continual maintenance, harvesting and removal; and WHEREAS, City derives a benefit from the continued maintenance of such fields which are available as part of the spray irrigation process; and WHEREAS, Contractor is willing to perform the maintenance function and remove such grass crop; NOW, THEREFORE, the parties to this agreement in consideration of the undertakings, promises and agreements herein contained, promise I and agree as follows: 1. Area. This agreement shall apply to the 65 acre area of land located at the Northeast Wastewater Treatment Facility as further identified on Exhibit A, attached hereto and made a part hereof. 2. Scope of services. Contractor pursuant to this agreement shall provide the following: (a) Prepare land, plant and harvest hay or other cattle feed crops on the land identified on Exhibit A. (b) Assume maintenance responsibility of irrigation system located on the spray fields and repair within five (5) days of time that damage occurs any sprayhead that may be aamui;ea as a resuiL of planting or harvesting operations engaged in by Contractor. I (c) Remove all crops within four (4) weeks of harvesting. (d) Operate identified spray fields without using fertilizers and sewage sludge. CC ? fps ? r 1+a. (e) Use only those herbicides authorised by City where work is taking place within a four foot (41) radius of any sprayhead. In addition, Contractor shall obtain City approval prior to adding or using any chemical on any sprayfield area. (f) Contractor shall furnish all labor, materials, equipment and supplies to maintain a crop on the spray fields that is City approved. 3. City obligations. City shall have the following obligations relating to this agreement: (a) Us ing City irrigation systems, provide water in the form of treated effluent from the Northeast Wastewater Treatment Facility to be sprayed on the crop. (b) Provide an irrigation system that is in good working condition prior to Contractor starting work under this agreement. (c) Provide maintenance of spray pumps. (d) Rotate irrigation of spray fields in order to facilitate harvesting by Contractor. (e) Provide a secure area within the fenced portion of the treatment facility where Contractor's vehicles may be parked. 4. Term. This Agreement shall run for a period of five (5) I. years commencing on the 15th day of May--_, 19 82 and ending on the 14th day of May 19 87 unless otherwise terminated as provided herein. 5. Insurance. During the term of this Agreement, Contractor shall obtain an insurance policy providing both liability and property damage coverage which shall be applicable to Contractor's activities provided in this Agreement. Such policy shall provide the following limits Public Bodily Injury Liability 00,000 each occurrence), Property Damage abil ($100,000 each occurrencVnd City shall be a named insured. b. Termination. City may terminate thin Agreement at any time where good cause exists upon providing ninety (90) days notice to Contractor. i In addition, where City terminates use of such fields for spray field purposes, then, City may terminate this Agreement upon providing the notice set out herein. Contractor may terminate this Agreement at any time where good cause exists upon providing thirty (30) days notice to City. -2- .i ? f ? ? r r r 7. Notice. Notice to City of Clearwater whenever required under the terms of this Agreement shall be as follows: City Manager, City of Clearwater PO Box 4748 Clearwater, Florida 33518 Notice to Contractor under the terms of this Agreement shall be as follows: Robert E. Smith & Evelio Palomino d/b/a E. Palomino Dairy 366 Carden L. K. Circle Odessa, Florida 33556 8. Law. The law of Florida shall govern the rights of the parties under this Agreement. 9. The provisions contained herein shall constitute the entire agreement between the parties. IN WITNESS WHEREOF, the parties have caused their signatures and seals to be affixed the day and year first above written. CITY C RWAT O Co geed: I3y A all, 11 City M a r ayor-Commis a loner Ap r o form and c r e east WITNESSES: N ? w, As to Contractor Attest;,? l , + City Clerk E. PALOMINO DAIRY, INC. By rr6 President /. Secretary (Corporate Seal) .3. M. ..... ..... 1i SPRAY IRRIGATION TRACT 1: From the Southeast corner of the Southwest 1/4 of the Southeast 1/4 of Section 21, Township 28 South, Range 16 East, to N 0° 12' 04" W, 150.01 feet; thence N 89° 19' 01" W, 150.02 feet to the point of beginning; thence continue N 89° 19' 0111 1N, 1224.97 feet; thence N 0° 12' 04" W, 482.99 feet; thence S 89° 19 01" E, 1224.97 feet; thence S 0° 12' 0411 E, 482.99 feet, to the point of beginning. Contnining 13.58 acres M.O.L. TRACT 2• From the Northeast corner of the Northwest 1/4 of the Southeast 1/4 of Section 21, Township 28 South, Range 16 East, go N 89° 22' 43" W, 150.02 feet; thence S 0° 12' 04" E, 150.02 feet to the point of beginning; thence continue S 0° 12' 04" E, 910.00 feet; thence N 89° 19' 01" W, 950.00-feet; thence N 0° 12' 0411 W, 320.00 feet; thence N 89° 19' 01" W, 190.00 feet; thence N 0° 12' 04" Wv 588.77 feet; thence S 89° 22' 43" E, 1139.98 feet to the point of beginning. Containing 22.40 acres M.O.L. TRACT 3: From the Northwest corner of the Northeast 1/4 of the Northwest 1/4 of Section 21, Township 28 South, Range 16 East, go S 89° 30' 25" E, 150.01 feet to the point of beginning; thence. N 0° 03' 20" W, 1130.00 feet; thence N 84° 44' 43" E, 1062.52 feet; thence S 0° 12' 04" E, 1161.01 feet; thence S 45° 38' 02" W, 598.23 feet; thence N 61° 58' 25" W, 717.60 feet; thence N 0° 18' 10" E, 14.81 feet to the point of beginning. Containing 32.75 acres M.O.L. TRACT 4: .. From the Northeast corner of the Northwest 1/4 of the Southeast 1/4 of Section 2.1, Township 28 South, Range 16 East, go N 89° 22' 43" 1ti, 150.02 feet; thence S 0° 12' 04" E, 1060.02 feet to the point of beginning; thence continue S 0° 12' 04" E, 140.00 feet; thence N 89° 19' 01" W, 950.00 feet; thence N 0° 12' 04" W, 140.00 feet; thence S 89° 19' 01" £, 950.00 feet, to the point of beginning. Containing 3.05 acres M.O.L. Exhibit A M r ,i .3 r• 0 Q 0 a z F- 0 0 co x w J J u / 0 ap 580 P P 3 ' i S CITY OF CLEARWATER POST OFFICE BOX 4748 CLEARWATER, FLORIDA 33518-4748 December 14, 1987 Mr. Robert E. Smith Vicsa-President and Secretary E. Palomino Dairy, Inc. 365 Garden Lake Circle Odessa, Fl. 33556 LETTER OF AGREEMENT It is hereby agreed between the City of Clearwater (Owner) and E. Palomino Dairy, Inc. (User) that the User will continue to prepare, plant and harvest hay and other feed crops on the Owner's property for the mutual benefit of both parties. The benefit to the owner is the proper operation and maintenance of the sludge disposal farm site through the growing and harvesting of feed crops which is necessary for spa nub--ient removal. The benefit to the User shall be the value of the crops harvested. Conditions of the agreement as follows; The Owner will:* 1. Provide approximately 840 acres of land suitable for farming, located in Hillsborough County on Patterson Road, which is referred to as the sludge farm. Said acreage to exclude 95 acres of citrus groves at that location. 2. Provide sail conditioner in the form of liquid divested wastewater sludges. Said sludges to be applied on the property when and where required for proper plant growth, with the mutual understanding that the total volume of sludge hauled tic the farm site is determined solely by what is needed for. effucient operation of the owner's three treatment plants. Shrlge application will. be done by Owner's employees and/or contracts haulers. 3. Maintain roadways, gates and farces on sludge farm property. 7(y _- 4. Monitor, test and analyze sludges to meet environmental standards as established by Florida's Department of Environmental, Regulation. The user wall: 1. Agree to pay the Owner an amount equal to ten percent (10%) of the gross proceeds obtained from the sale of crops grown on the sludge farm. Payment to be made on an annual basis beginning one year from the effective date of this agreement. The first payments year to commence on the effective date of'this agreement II Pg. 1o£2 ,r'! 11 •rt' "ltln,rl F.rn??lErrrr?rrd uru?.a(lirr,rrrrr ?rfrr+rr l??:r>1??..•,• Letter of Agreement - E. Palomino Dairy, lric. and the City of Clearwater (continued) The User wilh 2. Provide the 0 wner with a certificate of adequate liabmty insurance which includes the City cf Clearwater as the property owner and as an additional insured. Said paUcy to protect the Owner's liability, and to be kept in force for the duration of this agreement 3. Make use of the land by systematically planting, growing and harvesting feed crops in the same manner which, has been demonstrated under past agreement , 4. Wcrk closely with Owner's representatives on a day-to-day basis for proper farm management. 5. Always maintain, or hold in receive, went property for sludge disposal during periods of heavy rains. The owner must always have a disposal site regard] P? of the weather. The User ar Owner may terminate this agreement for good cause upon a written 90 day Notice of Proposed Termination. This agreement shall become effective June 1, 1987, and shall continue to be in effect for a period of three (3) years from the effective date or unto such time as the City shall cease this method of sludge disposal, whichever comes first. if the conditions in this agreement meet with your three copes of this letter and return all three to executed copy to you as soon as passUe. Sincerely, approval, ple?e sign me. I shall return an Date -?6d$5-?- Date E. Palomino Dairy City of Clearwater Interdepartment Correspondence Sheet TO: Elizabeth M. Deptula, City Manager FROM: Richard J. Baier, City Engineer COPIES: Earl Barrett, Real Estate Services anager SUBJECT: 1996 Real Estate Appraisal - Hillsborough "Sludge Faun" property DATE: July 19, 1996 Attached for your review and appropriate forwarding to the City Commission is a narrative appraisal report of the above referenced property prepared for the City by Corson and Associates, Inc. Also attached is copy of a February, 1994 memorandum with eight exhibits that contains analysis drawn from a March, 1993 appraisal of portions of the same property, and drawn from discussions with the Hillsborough County Planning & Development Management Department. It premises certain developments that did occur since the 1993 appraisal date that are influential in the appraiser's current conclusion of value. You will note the great similarity of Exhibit #B in the memo package to Addenda in the Corson appraisal titled "THE NORTHWEST AREA OF HILLSBOROUGH COUNTY" (even some of the typos and errors are intact). The 1993 appraisal firm, The Centerline Group, merged with Corson in 1994. It appears that firm's data is still sufficiently current to only require minor updating. As with the earlier appraisal, Corson limited his appraisal approach to the "sales comparison approach" only, which is acceptable -appraisal practice when valuing raw land that would likely have only long range, and currently, speculative, development potential. Where the previous appraisal concluded a gross value per acre of $ 5,000 to $5,500 per acre at that time, the current valuation is $2,600 per acre. The major influence that created the reduced valuation has been the reduction in residential density from 2 units per 5 gross acres, to only 1 unit per 5 gross acres. Another significant element that will effect the development time frame for this northwest Hillsborough County area is, as the appraiser notes, dependent upon the County perceiving the need to expand its service area. The County's own actions in acquiring large tracts for preservation along Brooker Creek, in addition to the aforementioned downzoning, would tend to obstruct development. It has led to the Pinellas County MPO deleting a planned extension of Forest Lakes Boulevard from Ridgemoore Boulevard to Keystone Road. Alternatively, scarcity also creates value. Northwest Hillsborough and Northeast Pinellas are, for all intents and purposes, a single rural community being pressured by growth into urbanization. The 1993 appraiser anticipated this metamorphosis to take three to seven years.. The 1996 appraiser sees it taking five to fifteen years. While the urbanization time frame is uncertain, urbanization itself is not. Anticipating the future has led, I believe, more than one private suitor to express interest in the property should the City Commission decide to offer it, for sale. In weighing its decision to `hold' or "sell",. the Commission may want information on possible interim uses for the property and potential income those uses may generate. Based on the foregoing information, please accept our recommendation to retain ownership of the balance of the Sludge Farm" until such time as value escalates due to any of the referenced factors. If the decision is to declare the property surplus for the purpose of offering it for sale, a second appraisal will be required since the value exceeds $500,000. M-DOCV3LUDWI RMT1M CDS CITY OF CLEARWATM INTEROFFICE CORRESPONDENCE SHEET TO: Mayor and City Commission FROM: Betty Deptula, City Manager SUBJECT: Sign on Sand Key, and Memo from Sand Key Civic Association DATE: October 9, 1996 The Sand Key Civic Association has been interested in designing and constructing a sign to be placed at the south end of the Clearwater Pass Bridge. My response to them has been similar to the response to all other associations regarding such identification signs, and they seem very willing to abide by our rules regarding the location and insurance requirements in our policy. The issue now seems to be the wording on the sign. In a conversation with Mr. Ruben in early September, I told him that I. objected to the words "Welcome to" because of the impression that a traveler was leaving one community and entering another. Sand Key is an important part of our City and the many visitors/tourists travel on Gulf Boulevard every day motivated us to install our "Welcome to Clearwater" sign on the southern approach to the City on Sand Key. We received this letter from the Association appealing my decision, and requesting an opportunity to be placed on the agenda. i PR MAD ON RWYCLBD PAPER "F ! ND \EY CIVIC ssoc. Telephone: (813) 593-2495 City of Clearwater Ms. Betty Deptula, City Manager Dear Ms. Deptula, 4, , 1996 September 27, 2996 i 7 \' M A Y-IijL.H Our association is planning to locate a sign at the south end of the new bridge over Clearwater Pass between Clearwater Beach and Sand Key. A photocopy of the sign is enclosed. More than one month ago, as we sought approval to place the sign, we received some feedback that some one in the senior staff of the City indicated that the words "Welcome to" were inappropriate and not in conformance with City Ordinances or policy for neighborhood signs. At our September meeting of the Board of Directors of the Sand Key Civic Association, both our neighbors and the board agreed to request a variance from the ordinance or policy. Would you please place this topic, seeking a variance on this sign, on a future agenda of the City Commissioners and notify me of the date and time. My home telephone is 595-6528. Thank you very much and I look forward to the opportunity to briefly discuss the viewpoint of our neighborhood with the Commissioners, Sin rely, icholas Fritsch 1310 Gulf Boulevard 8-B Clearwater cf.: Mayor Rita, Garvey Commissioner Bob Clark Commissioner Ed Hooper Commissioner J. B. Johnson Commissioner Karen Seel 1340 Gulf Boulevard, Suite 2-S • Clearwater, Florida 34630 1 f ' 1 , 4? L• Ar gig i•T ? 1 ?h ,• it r • r I,tl;A10Btv[i?q:f:t ,0 e004;,s.t•rRr.rr•f ??104 ?? 1 ? frt/71/ii \ ' (a iJ f,. I-l 'CO OP GOII Ii it-) At It (IIIr L %'AI h;rr.!''.3I{ • 1,1tl r: ,t ; WV, 14;)0 loth SI. s4ulr? ;rk,lrl•,I°114 • r ;,,:• , :it•h .,: •.r,., ,., Solely Harbor. 1-L 34695 I r,au'•1+)c:1t1 1: 15It, •r ....L •I Si3r 725-1044