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09/06/2001 ACTION AGENDA - CLEARWATER CITY COMMISSION MEETING Thursday, September 6, 2001 - 6:00 P.M. - Commission Chambers 1. Invocation - Deacon Albert Tibbetts, St. Cecelia's Catholic Church. 2. Pledge of Allegiance - Mayor. 3, Introductions and Awards - Givers. a) Proclamation: Make a Difference - 1016101 b) Proclamation: Commuter Choices Week - 9110-15101 c) Proclamation -- Assisted Living Week - 919-15101 di Proclamation - Clearwater's Mexican Independence Day Celebration? -- 9114-15101 e) -Award to Citizens for a Better Clearwater from Beautification Committee f),National Award to Library and Graphics for calendar of events g) Certificate of Appreciation from Clearwater Coalition of Homeowners to Parks and Recreation 4. Presentations - Given. ' a) Senator Jim Sebesta - 2002 Legislative Session b) Pinellas County Commissioner Karen Seel - ITS c) Communications Audit - Jackii Molsick 5. Approval of Minutes - Regular Meeting 8116101. - Approved as submitted, 6. Citizens to be heard re items not on the Agenda: Torn Sehihorst said the no fee zone will probably bring the most improvement to the Enterprise Zone versus any other change in the past 20 years and it won't cost the City anything. Anne Garris requested a response to the Beach Association's offer to give $1,500 toward a design competition for replacement of the roundabout fountain, Jim Pierce, Mayme Hodges, Pa_ngeeta Carwise and Wendell Evans requested the Commission name the North Greenwood Recreation Center after Dr. Joseph Carwise. They discussed his generosity and humanitarian efforts. Julia Wilkins said in Germany, traffic lights are timed to allow smooth traffic flow when drivers obey speed limits and Clearwater should consider the same type of system. She expressed concern about pesticides being used rather than natural methods of controlling unwanted foliage and the amounts of trash on lawns and in waterways. Shirley Moran requested the status of Clearwater's participation in the Elder Ready Program: Jack Alvord said various historical and archaeological reports on historic Bayview neighborhood are available from the State. Early Sorenson expressed concern that stormwater funds are mostly being used for operations and maintenance instead of cleanup efforts in Tampa Bay. Al_Sakey said the Jolley Trolley has always provided financial statements to the City. He expressed concern a 5t. Petersburg Times article presented misinformation to the, public. action96 1 9106101 r . ¦ PUBLIC HEARINGS Not Before 6:00 P.M. 7. Public Hearing - Fiscal 2001-2002 Annual Budget - Approved 4:1 (EH) a) First Reading Ordinance #684'1-01 - declaring Millage Rate to be levied for Fiscal Year beginning 1011101 and ending 9130/02 at 5.5032 mills (levy of 5.5032 mills constitutes a 7.58% increase over the rolled back rate o 5.1156 mills) - Ordinance passed 1st reading 4:1 (EH). b) First Reading Ordinance #6842-01 - adopting Operating Budget for Fiscal Year beginning 1011101 and ending 9130102 - Ordinance passed 1 st reading 4:1 (EH). c) First Reading Ordinance #6843-01 - adopting Capital Improvement Program Budget for Fiscal Year beginning 10/1101 and ending 9130/02 - Ordinance passed 1 st reading 4:1 (EH 8. Public Hearing & First Reading Ordinance #6335-01 - Amendments to Community Development Code (re notice requirements for continuances; factors related to NCOD; transfer of Development Rights) - Ordinance passed 1st reading 3:2 (EH,J). 9. Public Hearing & First Reading Ord #6834-01 - Vacating portions of street rights-of-way of Ewing Avenue, Park Street, & Prospect Avenue subject to developer of Mediterranean Village on the Pond obtaining approval of a development agreement for project from the Commission within' 6 months of effective date of ordinance (City of Clearwater, V2001.16) - Continued to a date uncertain. Public Hearing - Second Reading Ordinances 10. Ordinance #6825-01 - amending Art. 2. of Community Development Code to create Div. 16, Neighborhood Conservation Overlay Districts; creating Sec. 2-1602, Coachman. Ridge NCOD which establishes additional development standards to be applied only in the Coachman Ridge NCOD - Ordinance adopted. 11. Ordinance #6824-01 - rezoning & applying the Coachman Ridge NCOD in addition to existing LDR & LMDR zoning for property located within boundaries of Tract A-1, A-II & A-II1, Coachman Ridge Sub - Ordinance adopted. 12. Ordinance #6826-01 - correcting technical errors in Employees Pension Plan - Ordinance adopted. 13. Ordinance #6829-01- Land Use Plan Amendment to Recreation/Open Space, 2780 Drew Street, Sec. 8-29-16, M&B 34.04 (City of Clearwater) - Ordinance adopted. 14. Ordinance #6830-01 - OS/R Zoning, 2780 Drew Street, Sec. 8-29-16, M&B 34.04 (City of Clearwater) - Ordinance adopted. 15. Ordinance #6831-01 - MHDR Zoning, 2855 Gulf to Bay Blvd., Bayside Nursing Pavilion, tract of land, 2.71 acres m.o.l., lying within Sec. 17-29-16 (Morton Plan Mease Life Services, Inc.) - Ordinance adopted., 16. Ordinance #6832-01 - Relating to Clearwater Marina Buildings; creating Sec. 33.006 to authorize'the City Manager to approve leases subject to certain conditions; repealing Ordinance #6796-01 - Ordinance adopted. 17. Ordinance #6833-01 - Vacating 3 portions of right-of-way of First Avenue West, located south of McLennan Street & north of.Woodlawn Street; retain drainage & utility easement over vacated r-o-w (City of Clearwater, V2001-15) - Ordinance denied. action96 2 9106101 18.. Ordinance #6854-01 - amending Ordinance #6675-01 to increase maximum principal amount of bonds to be issued re financing spring training facility from $14 million to $15.5 million - Ordinance adopted. CITY MANAGER REPORTS - CONSENT AGENDA (Items #19-42) - Approved as submitted. The following items require no formal public hearing and are subject to being approved in a single motion. However, any City Commissioner or the City Manager may remove an item from the Consent Agenda to allow discussion and voting on the item individually. 19. Approval of Purchases (& _Declaration of Surplus) per Purchasing Memorandum: a} 5per Chemical, 2nd & Final renewal, polyphosp#iate; extending term to 6130103, increasing award by $290,000 for est. total $550,000 (PW) b) M.T. Deason Company, gas material - polyethylene pipe & fittings, for remainder of contract ending 2128102, increase o€.$125,000 for est. total $335,000 (GAS) c) Akerman Senterfitt & Edison, legal services related to environmental considerations re Sports Complex, increases City Manager award from $22,500 to $35,000 (PR) d) General Chemical, aluminum sulfate, low iron, 1011101-9130104, est. $350,000 (PU) e) Harcross Chemical, chlorine in 1-ton cylinders, 1011101-9130104, est. $300,000 (PU) 0 Allied Universal Corp., sulfur dioxide in 1-ton cylinders, 1011101-9130104, est. $300,000 (PU) g) Postmaster, postage for citywide USPS mail, 1011101-9130102, est. $125,000 (IT) h) Postmaster, postage for utility billing, 10/l/01-9130/02, est. $207,000 (IT) i) Xerox Corporation, convenience copiers, 1011101-9130102, est. $60,000 (IT) j) Gaithersburg Equipment Co., one 2001 New Holland TS 110.tractor, replacement, $30,513.13; financing to be provided under City's Master Lease-Purchase Agreement (GS) k) Cues, one 2002 High Cuba TV sewer inspection van, $125,950; financing to be provided under City's Master Lease-Purchase Agreement (GS) 1) Mo-trim, one 2001 Mo-trim LTM-28 boom mower with attachments, replacement, $23,596; financing to be provided under City's Master Lease-Purchase Agreement (GS) in) Camp Dresser & McKee inc., additional utility work re Mandalay, Papaya, & San Marco Streets, $71,900 (PW) 20. Grant Agreement & Work Plan with State of Florida, Office of Tourism, Trade, & Economic Development, funding assessment & remediation of Brownfields sites or areas, $111,000; approve reimbursement of est. $85,873 to Harbor Oaks Development, L.C. for Phase If Environmental Assessment, Lift Removals & Soil Remediation Activities from this grant (ED) 21. Accept Pinellas County Deed conveying a 3,188 sq. ft. portion, m.o.l., of Sand Key Park in Sec. 17-29-15; approve a Declaration of Unity of Title of said parcel with a 15,000 sq. €t, portion of Gulf Blvd. r-o-w on Sand Key formerly utilized as the old Clearwater Pass Bridge toll booth (declaration assures the 2 parcels will be considered a single parcel for development of new fire station)4FD) 22. • Revision to Agreement with Clearwater Housing Authority to allow City to be prepaid for expenses rather than to be paid on a reimbursement basis (PD) action96 3 9106101 23. Interlocal Agreement with Pinellas County for Enforcer Geographic Information System, permitting sharing of geographic information across law enforcement jurisdictional boundaries within Pinellas County (PD) 24. Increase FY 2000/2001 agreement with Pinellas County Sheriff's Office by $80,330.10 to a new total of $465,243.96, and approve the agreement for FY 2001/2002 ending 9130102 at a cost of .$468,985.48 for latent fingerprint and crime scene services including evidence and property storage. (PD) 25, Authorization to settle entire workers' compensation claim (medical, indemnity, & attorney fee) of claimant Robert VanBeveren,'for $100,000 (FN) 26. Approve 3 Releases & Waivers submitted by Merwin U. Stewart, Liquidator of Southern American Insurance Company (SAIC) for purpose of compromising & settling all claims of City against SAIC in liquidation and having same assigned a priority classification of Class 3 for future payment (FN) 27. Approve purchase of property, casualty, liability, workers' compensation, emergency medical services, fuel tank and flood insurance coverage for FY2001/2002, not to exceed $1,225,858 (FN) 28. First Renewal Option of 2 authorized to contract for installation of gas mains, service lines & exterior underground house piping with Mastec North America, Inc., $955,185 (SBS) 29. Ratify & Confirm City Manager's decision to award emergency Purchase Order to Wingfoot Brad Ragan, Inc., auto & truck tire service; 8/9101-813/02, $85,000 (GS) 30. Interlocal Agreement with Pinellas County governmental units to continue cooperative library services through 9/10/13 (LIB) 31. Affirm plan for Library Foundation Involvement In new Main Library Project (LIB) 32. Lease Agreement for marina building rooms 5 & 9 to George & Dara Greene d/b/a Marina Gifts and Souvenirs, 10/1/01-9130/06, for $145,044 plus yearly Consumer Price Index increases (MR) 33. Ratify & Confirm City Manager's approval of City co=sponsorship & waiver of city fees for both Fiscal Years 2000-2001 & 2001-2002 Taste of Clearwater special event held at Harborview Center (PR) 34. Contract for Sale of Real Property with James W. Hudson, Jr., 1208 N. Garden Ave., Enghurst Sub., Lot 11, for $47,551.50 less est. closing expenses of $850 for net sale of approx. . $46,701.50 (PW) 35. Change Order #2 to Annual Storm Pipe Replacement Contract with Keystone Excavators, Inc., increasing amount by $64,179.50 for new total of $381,257.58; approving time extension of 45 days to complete additional work (PW) 36. Contract to Nichter Contracting Corp., Stevenson's Creek Water Main Crossing, $98,998.90 (PW) 37. Contract to Steve's Excavating & Paving, Inc., Lift Stations 24 & 40 Improvements, $650,000 (PW) 38. Amendment to boundary of Island Estates NCOD to have all residentially zoned properties included in the district'(PLD) 39. Appoint Rebecca Avrin to Beautification Committee (CLK) 40. Approve Mayor's reappointment of Robert Aude and William Ethington to Clearwater Housing Authority (CLK) 41. Approve 2002 State Legislative Package (CLK) 42. Authorize payment of attorney fees of $41,827.50 (City vs. Kahlmeyer; eminent domain case for City's downtown lake) (CA) action96 4 9/06/01 OTHER ITEMS ON CITY MANAGER REPORT 43. First Reading Ordinance #6840-01 .. relating to water shortages; adopting an enforcement procedure for violators of water shortage restrictions & providing'an appeal process - Approved w Ordinance passed first reading. 44. First Reading Ordinance #6857-01 - Relating to Purchasing; amending Sections 2.561,'2.562 & 2.564 adjusting dollar thresholds for City's purchasing procedures -Approved - Ordinance passed first reading 4:1 (EH). 45. First Reading Ordinance #6798-01 implementing grease control program for wastewater collection system - Approved -- Ordinance passed first reading 4:1 (EH1. 46. Amend CIP to restructure current Water and Sewer Utility funding by reducing project budgets by $11,941,563.65 of sewer revenue, $5,902,194.10 of water revenue, $360,000 of reclaimed water revenue, $2,333,000 of water renewal and replacement (R&R) revenue and $2,075,844,92 of sewer renewal and replacement revenue for a total decrease of $22,612,602.67 and increasing project budgets by $231,000 of water impact fees and $8,498,623.22 of-planned FY02 revenue bond proceeds, for a total increase of $8,729,623.22, resulting in a net budget decrease of $13,882.979.45. - Approved. 47. Metropolitan Planning Organization - 1 appointment - Appointed Gray 3:2 (EHA. 48. Airport Authority - 1 appointment - Appointed Miller 4:1 (EH). 49. Environmental Advisory Board - 1 appointment - Appointed Watts 3:2 (GA. I. . 50. Discussion - St. Pete Times advertising offer - No Action. 51. Other Pending Matters - None. 52. City Attorney Reports - None. 53. CITY MANAGER VERBAL REPORTS City Manager reported the naming of North Greenwood Recreation Complex will be on the next agenda. 54. COMMISSION DISCUSSION ITEMS a) Letter received by. Commissioner Jonson re Scenic Highways - Update given. action96 5 9106/01 1 , .1 ( 1. r . , .. r b) Attendance at League of Cities' Institute for Elected Municipal Officials.Basic Course- Commissioner Janson - Approved. c) Florida •League of .Cities' Intergovernmental Relations Policy, Committee - Commissioner. Jonson - Approved. , 55, Other Commission Action Jonson suggested staff 'develop a moratorium ordinance regarding cellular communication towers. He thanked Commissioner Gray for her assistance with the Sister Cities Program. He complimented Diane* Smith for her efforts in downtown. He congratulated Community Response Team for their work on, a building that was finally demolished. He said the PSTA did an initial budget approval and are keeping their millage same. He will update the Commission on his trip to'Portland. , He was concerned with the press report that the downtown Post Office is shutting down their lobby., The Police Chief is working with the Post Office to resolve the issue. I Aungst congratulated the City Clerk for her appointment to the Florida League of Cities Urban .. t Administration Committee. He thanked Commissioner Gray for bringing the School Board into . the Sister City Program. He felt the City should control the agenda for the Sister Cities Program. 56. Adjournment - 19:31 .m. 5 9/06/01 actlon96 F AGENDA - CLEARWATER CITY COMMISSION MEETING Thursday, Sep. 6, 20017 6:00 P.M. Commission Chambers'. Welcome.. We are glad to have you join us. If you wish to speak please wait to be recognized, 'then state your name and address. Persons speaking before the City. Commission shall be limited to 3 minutes unless otherwise noted under Public Hearings, No person shall speak more than once on the same subject unless granted permission by the City Commission. The City of Clearwater strongly supports and fully complies with the Americans with Disabilities Act (ADA). Please advise us at least 48 hours prior to the meeting if you require special accommodations at 727-562-4090. Assisted Listening Devices are available. Kindly refrain from using beepers, cellular telephones and other distracting devices during the meeting. 3. Introductions and Awards a) Proclamation: Make a Difference - 1016101 b) Proclamation: Commuter Choices Week - 9110-15101 ;0 1: Invocation - Deacon Albert Tibbetts, St. Cecelia's'Cathoiic Church 2. Pledge of Allegiance c) Proclamation -- Assisted Living Week d) Proclamation - Clearwater's Mexican Independence Day Celebration e) Award to Citizens for a Better Clearwater from Beautification Committee f) National Award.to Library and Graphics for calendar of events g) Certificate of Appreciation from Clearwater Coalition of Homeowners to Parks and Recreation 4. Presentations a) Senator Jim Sebesta - 2002 Legislative Session b) Pinellas County Commissioner Karen Seel - ITS c) Communications Audit - Jackii Molsick .5. Approval of Minutes - Regular Meeting 8/16101 6. Citizens to be heard re items not on the Agenda PUBLIC HEARINGS Not Before 6:00 P.M. Administrative public hearings: -' Presentation of issues by City staff. - Statement of case by applicant or representative (5 minutes), Commission questions. - Comments in support and in opposition (3 minutes per speaker). Commission questions. Final rebuttal by applicant or representative (5 minutes), Commission disposition 7.. Public Hearing - Fiscal 2001-2002 Annual Budget 09/06/01 1 ,. a) First Reading Ord. #6841-01 - declaring Millage Rate to be levied for Fiscal Year beginning 1011101 and ending 9130102 at 5.5032 mills (levy of 5.5032 mills constitutes a 7.58% increase over the roiled back rate of 5.1156'mills) b) First Reading Ord, #6842-01 - adopting Operating Budget for Fiscal Year beginning 1011101 and ending 9/30/02 c) First Reading Ord. #6843-01 - adopting Capital Improvement Program Budget for Fiscal Year beginning 1011/01 and ending 9130102 8. Public Hearing & First Reading Ord. #6835-01 - Amendments to Community Development Code (re notice requirements for continuances; factors related to-NCOD; transfer of Development Rights) 9. Public Hearing & First Reading Ord #68340'1 - Vacating portions of street rights-of-way of Ewing Avenue, Park Street, & Prospect Avenue subject to developer of Mediterranean Village on the Pond obtaining approval of a development agreement for project from the Commission within 6 months of effective date of ordinance (City of Clearwater, V2001-16) To be continued to 9/20101 Public Hearing - Second Reading Ordinances 10. Ord. #6825-01 - amending Art. 2 'of Community Development Code to create Div. 16, Neighborhood Conservation Overlay Districts; creating Sec. 2-1602, Coachman Ridge NCOD which establishes additional development standards to be applied only in the Coachman Ridge NCOD 11. Ord.` #6824-01 - rezoning & applying the Coachman Ridge NCOD in addition to existing LDR & LMDR zoning for property located within boundaries of Tract A-I, A-II & A-III, Coachman Ridge Sub 12. Ord. #6826-01'- correcting technical eerors.in Employees Pension Plan 13. Ord. #6829-01- Land Use Plan Amendment to Recreation/Open Space, 2780 Drew Street, Sec. 8-29-16, M&B 34.04 (City'of Clearwater) 14. Ord. #6830-01 OSfR Zoning, 2780 Drew Street, Sec. 8-29-16, M&B 34.04 (City of Clearwater) 15. Ord. #6831-01 - MHDR Zoning, 2855 Gulf to Bay Blvd., Bayside Nursing Pavilion, tract of land, 2.71 acres rri.o.l., lying within Sec. 17-29-16 (Morton Plan Mease Life Services, Inc.) 16. Ord. #6832-01 - Relating to Clearwater Marina Buildings; creating Sec. 33.006 to authorize the City Manager to approve leases subject to certain conditions; repealing Ord. #6796-01 17. Ord, #6833-01 - Vacating 3 portions of right-of-way of First Avenue West, located south of McLennan Street & north of Woodlawn Street; retain drainage & utility easement over vacated r-o-w (City of Clearwater, V2001-15) 18. Ord. #6854-01 - amending Ord. #6675-01 to increase maximum principal amount of bonds to be issued re financing spring training facility from $14 million to $15.5 million 09/06/01 2 CITY MANAGER REPORTS CONSENT AGENDA (Items #19-42) 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. 19. Approval of Purchases (& Declaration of Surplus) _per Purchasing Memorandum: a) Sper Chemical, 2nd & Final renewal, polyphosphate, extending term to 6130103, increasing award by $290,000 for est. total $550,000 (PW) ' ' b) M.T. Deason Company, gas material - polyethylene pipe & fittings, for remainder of contract ending 2128102, increase of $125,000 for est. total $335,000 (GAS) c) Akerman Senterfitt & Edison, legal services related to environmental considerations re Sports Complex, increases City Manager award from $22,500 to $35,000 (PR) d) 'General Chemical, aluminum sulfate, low iron, 1011101-9!30104, est. $350,000 (PU) e) Harcross Chemical, chlorine in 1-ton cylinders, 1011101-9130104, est. $300,000 (PU) Q Allied Universal Corp., sulfur dioxide In 1-ton cylinders, 10/1 101-9130104, est. $300,000 (PU) g) Postmaster, postage for citywide USPS mail, 1011101-9130102, est. $125,000 (IT) h) Postmaster, postage for utility billing, 1011101-9130102, est. $207,000 (IT) i) Xerox Corporation, convenience copiers, 1011101-9130102, est. $60,000 (IT) j) Gaithersburg Equipment Co., one 2001 New Holland TS 110 tractor, replacement, . $30,513.13; financing to be provided under City's Master Lease-Purchase Agreement (GS) . k) Cues, one 2002 High Cube TV sewer inspection van, $125,950; financing to be provided under City's Master Lease-Purchase Agreement (GS) 1) Mo-trim, one 2001 Mo-trim LTM-28 boom mower with attachments, replacement, $23,596; financing to be provided under City's Master Lease-Purchase Agreement (GS) m) Camp Dresser & McKee Inc., additional utility work re Mandalay, Papaya, & San' Marco Streets, $71,900 (PW) 20. Grant Agreement & Work Plan with State of Florida, Office of Tourism, Trade, & Economic Development, funding assessment & remediation of Brownfields sites or areas, $111,000; approve reimbursement of est. $85,873 to Harbor Oaks Development, L.C. for Phase ll Environmental Assessment, Lift Removals & Soil Remediation Activities from this grant (ED) 21. Accept Pinellas County Deed conveying a 3,188 sq.ft. portion, m.o.l., of Sand Key Park in Sec. 17-29-15; approve a Declaration of Unity of Title of said parcel with a 15,000 sq.ft. portion of Gulf Blvd. r-o-w on Sand Key formerly utilized as the old Clearwater Pass Bridge toll booth (declaration assures the 2 parcels will be considered a single parcel for development of new fire station)(FD) 22. Revision to Agreement with Clearwater Housing Authority to allow City to be prepaid for expenses rather than to be paid on a reimbursement basis (PD) 09/06/01 3 23. Interlocal Agreement with Pinellas County for Enforcer Geographic Information System, permitting sharing of geographic information across law enforcement jurisdictional boundaries within Pinellas County (PD) 24. Increase FY 200012001 agreement with Pinellas County Sheriff's Office by $80,330,10 to a new total of $465,243.96, and approve the agreement for FY 2001/2002 ending 9130102 at a cost of $468,985.48 for latent fingerprint and crime scene services including evidence and property storage. (PD), 25. Authorization to settle entire workers' compensation claim (medical, indemnity, & attorney fee) of claimant Robert VanBeveren, for $100,000 (FN) 26. Approve 3 Releases & Waivers submitted by Merwin U. Stewart, Liquidator of Southern American Insurance Company (SAIC) for purpose of compromising & settling all claims of City against SAIC in liquidation and having same assigned a priority classification of Class 3 for future payment (FN) 27. Approve purchase of property, casualty, liability, workers' compensation, emergency medical services, fuel tank and flood insurance coverage for FY200112002, not to exceed $1,225,858 (FN) 28. First Renewal Option of 2 authorized to contract for installation of gas mains, service lines & exterior underground house piping with Mastec North America, Inc., $955,185 (SBS) 29. Ratify. & Confirm City Manager's decision to award, emergency Purchase Order to Wingfoot Brad Ragan, Inc., auto & truck tire service, 819101-813102, $85,000 (GS) 30. Interlocal Agreement with Pinellas County governmental units to continue cooperative library services through 9110/13 (LIB) 31. Aff irm plan for Library Foundation involvement in new Main Library Project (LIB) 32. Lease Agreement for marina building rooms 5 & 9 to George & Dara Greene d/b/a Marina Gifts and Souvenirs, 1011101-9130!06, for $145,044 plus yearly Consumer Price Index increases (MR) 33. Ratify & Confirm City Manager's approval of City co-sponsorship & waiver of city fees -for both Fiscal Years 2000-2001 & 2001-2002 Taste of Clearwater special event held at Harborview Center (PR) 34. Contract for Sale of Real Property with James W. Hudson, Jr., 1208 N. Garden Ave., Enghurst Sub., Lot 11, for $47,551.50 less est. closing expenses of $850 for net sale of approx. $46,701.50 (PW) 35. Change Order #2 to Annual Storm Pipe Replacement Contract with Keystone Excavators, Inc., increasing amount by $64,179.50 for new total of $381,257.58; approving time extension of 45 days to complete additional work (PW) 36. Contract to Nichter Contracting Corp., Stevenson's Creek Water Main Crossing, $98,998.90 (PW) 37. Contract to Steve's Excavating & Paving, Inc., Lift Stations 24 & 40 Improvements, $650,000. (PW) 38. Amendment to boundary of Island Estates NCOD to have all residentially zoned properties included in the district (PLD) 39. Appoint Rebecca Avrin to Beautification Committee (CLK) 40. Approve Mayor's reappointment of Robert Aude and William Ethington to Clearwater Housing Authority (CLK) 09/06101 4 41. Approve 2002 State Legislative Package (CLK) 42. . Authorize payment of attorney fees, of $41,827.50 (City vs. Kahlmeyer; eminent domain case for City's downtown lake) (CA) OTHER ITEMS ON CITY MANAGER REPORT 43.. First Reading Ord. #6840-01 - relating to water shortages; adopting an enforcement procedure for violators of water shortage restrictions & providing an appeal process 44. First Reading Ord. #6857-01 - Relating to Purchasing; amending Secs 2.561, 2.562 & 2.564 adjusting dollar thresholds for City's purchasing procedures 45. First Reading Ord. #6798-01 - implementing grease control program for wastewater collection system 46. Amend CIP to restructure current Water and Sewer Utility funding by reducing project budgets by $11,941,563.65 of sewer revenue, $5,902,194.10 of water revenue, $360,000 of reclaimed water revenue, $2,333,000 of water renewal and replacement (R&R) revenue and $2,075,844.92 of sewer renewal and replacement revenue for a total decrease of $22,612,602.67 and increasing project budgets by $231,000 of water impact fees and $8,498,623.22 of planned FY02 revenue bond proceeds, for a total increase of $8,729,623.22, resulting in a net budget decrease of $13,882.979.45. (Consent 47. Metropolitan Planning Organization - 1 appointment 48. Airport Authority - 1 appointment 49. Environmental Advisory Board - 1 appointment 50. Discussion - St. Pete Times advertising offer 51. Other, Pending Matters CITY ATTORNEY REPORTS 52. Other City Attorney Items 53. City Manager Verbal Reports 54. Commission Discussion Items a) Letter received by Commissioner Janson re Scenic Highways b) Attendance at League of Cities' Institute for Elected Municipal Officials'Basic Course - Commissioner Jonson c) Florida League of Cities' Intergovernmental Relations Policy Committee -- Commissioner Jonson 55. Other Commission Action 56. Adjournment 09/06/01 5 1. { , 0 learwater U i Interoffice Correspondence Sheet To Mayor and Commissioners From: Cyndle Goudeau, City Cie 5 CC: Bill Horne, City Manager; Pam Akin, City Attorney; Garry Brumback; Assistant City Manager; Ralph Stone, Assistant City Manager Date. September 6, 2001 RE: Update re Additional Meeting Schedule The following sessions have been scheduled: October 10, 2001, 7 p.m. at Harborview Neighborhood Leadership Forum October 11, 2001, 10 am to 2 pm - City Hall Training Room -- Ihvestment Training with Lee Dehner.. Lunch will be provided. ` October 23, 2001, 7 p.m. at Sheraton Sand Key - Town Hall Meeting am working with Carolyn to identify potential dates for'the Advisory Board and DDB Work Session and the Visioning Update session. r CITY OF CLEARWATER Interdepartmental Correspondence TO: Mayor and Commissioners FROM: Cynthia E. Goudcau, City Cl k SUBJECT: Follow up from September 4, 2001 Work Session COPIES: William B. Horne, City Manager DATE:' September 5, 2001 In response to questions raised at the September 4,• 2001 Work Session, the following answers are provided in final agenda order: Item #10 - Second Reading of Ordinance 6825-01; revised copy will be at your seat. Item 19 - Purchasing llfemo - revised copy provided with pack. Item # 20 - Grant Agreement and Work Plan with State of Florida, OTTED, revision to subdivision name; revised copy provided with pack. Item #33 -- City I anager's approval of Taste of Clearwater special event -additional information. - list of sponsors and participating restaurants provided. Lt. Hall, PoUcc Department, will handle public` safety and maintenance of traffic. Four members of the Bicycle Patrol and two Americorp volunteers will . be on scene, with contingency patrols available, if necessaLy. Item #45 - Ordinance 6798-01, implementing grease control program for wastewater collection system -- revised ordinance provided with pack. Item # 497 Environmental Advisor}, Board - item redistributed for clarification; provided with pack. Item # 50.- St. Petersburg Times advertising offer'- estimate it will cost 75% more to advertise in the Times. It is difficult to determine a dollar amount because the number of applications filed determines the number of ads required. The FY2001/2002 budget request includes $37,000 for .advertising. Due to changes to the Community Development Code eliminating the need to advertise continued items, we estimate an additional $23,000 would be needed in FY2001/2002 if the Tiliwf offer is accepted. TO: Brian Aungst, Mayor FROM:' Susan Chase, City Clerk Specialist COPIES: City Commissioners, Bill Horne, Cyndle Goudeau SUBJECT: Presentations at the September 6, 2001 Commission Meeting DATE: September 6, 2001 The following presentations will be made at the September 6, 2001 Commission Meeting: Proclamation MAKE A DIFFERENCE FISHING TOURNAMENT DAY- October 6, 2001 Vic Philipof, Gary Connors and Matt Tierman COMMUTER CHOICES WEEK - September 10-15, 2001 Sandy Moody ASSISTED LIVING WEEK - September 9-15, 2001 CLEARWATER'S MEXICAN INDEPENDENCE DAY CELEBRATION - September 14-15,2001 Presentation Senator Jim Sebesta - 2002 Legislative Session ITS & related software. ITS (Intelligent Traffic Signal) Pinellas County Commissioner Karen Seel Communications Audit Jackii Molsick, Public Communications and Marketing Director , . V ? ? O. ... "Sly y? ater Interoffice Correspondence Sheet To: Mayor and Commissioners From: Tina Wilson, Budget Director] CC: Bill Horne, City Manager Garry Brumback, Assistant City Manager Date: August 24, 2001 RE:, Budget Ordinances for First Public Hearing September 6, 2001 Included in this agenda package are the budget ordinances for the fiscal 2001102 annual budget. The first ordinance, Millage Ordinance #6841-01, establishes the millage for the new year at the City Manager's proposed 5.5032 mills, the same as the current year. The second ordinance, Operating Budget Ordinance #6842-011 establishes the operating budgets.for the. new fiscal year. The changes from the preliminary budget are outlined below: • The planned use of Administrative Services Fund retained earnings has been reduced from $400,000 to $300,000 based on the agenda item authorizing the allocation of $100,000 in the current year and adopted by the City Commission on July 12, 2001. This pertains to the replacement of the financial reporting system computer software. This change impacts the preliminary Administrative Service Fund Budget for fiscal 2001102 as summarized below. 2001/02 2001102 Revenues Expenditures Administrative Services Fund Preliminary Budget 8,166,680, 8,166,680 Amendment Reduction of retained earnings Transfer to CIP program ---W00,000) (100,000) Amended per Ordinance $0.066.680 $0,066.680 Page 4 of 3 1 • In addition, the Solid Waste Fund is adjusted to reflect the transfer of one of the "pooled" vacant positions to the Solid Waste Fund. This position will pay for itself by providing increased revenues in the areas of roll-off collection charges, compactor rentals and other means. This issue will be .discussed at the Enterprise worksession 'of September 5' 2001. This change impacts'the preliminary Solid Waste Fund Budget for fiscal 2001102 as summarized below. 2001102 2001/02 Revenues, Expenditures Solid Waste Fund Preliminary Budget 15,767,000 15-,761,890 I' f Amendment Impact of transferred position . 50,300 50,300 Amended per Ordinance $15.81Z.300 $75,812.190 ' f s The Operating Ordinance also reflects the appropriation of the CDBG, HOME, and SHIP funds that were approved with the five-year consolidated plan in July. 2001102 2001102 Revenues Expenditures. Special Program Fund Preiiminary,Budget 484,720 389,720 Amendment Appropriation of CDBG,'SHIP, HOME 2,416.440 2,416,44Q f Amended per Ordinance $2.9Q,L160 . $2,806,160 . The third ordinance, Capital Improvement Ordinance #6843-01, establishes the operating budget for the Capital Improvement Budget for the new fiscal year. There are four changes to the preliminary CIP budget that were discussed at the August 7, 2001 budget work session with the City Commission: These changes are: Northwest Recreation '& Aquatics Center Start-up (page 188 of the Preliminary Budget) - The proceeds from the sale of the Cultural Arts Center anticipated at $250,000 were received in July' 2001. The third quarter 2000101 budget amendments will 'reflect the appropriation of these funds to the capital project. Page 2 of 3 Financial System Replacement (page 192 of the Preliminary Budget) ."The planned use of Administrative Services Fund Retained Earnings has been reduced from $400,000 to $300,000 based on the agenda - item authorizing, the allocation of $100,000 in the current year and adopted by theCity, Commission on 'July 12, 2001. This pertains to the replacement of the financial reporting system computer software. • New Main Library (page .189 of the Preliminary Budget) The $13,250,000 funded from the Penny for Pinellas Bonds has been eliminated. The Penny for Pinellas Bonds to 'fund this project were recently approved by the City' Commission and this project will be established in the third quarter budget report. • 'Water & Sewer Fund - The plan now reflects the planned Water & Sewer,projects for the next six years. The changes above impact the preliminary Capital Improvement Budget for fiscal 2001102 and the six-year plan as summarized below. 2001102, Six-Year Plan Preliminary Capital Budget. 49,328,910 163,680,030 ' Amendments Northwest Recreation Center Start-up (250,000) (250,000) Financial System Replacement (100,000) (100,000), New Main 1-ibrary. (13,250,000) (13,250,000) Water & Sewer projects 25,615,630 136,181,130 Amended per Ordinance $6,,344,540 ?8?.2?1.760 MILLAGE ORDINANCE ORDINANCE NO. 6841-01 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, DECLARING. THE MILLAGE RATE TO BE ' LEVIED . FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2001, AND ENDING SEPTEMBER 30, 2002, FOR OPERATION PURPOSES INCLUDING PENSIONS AND DEBT SERVICE, AND, ROAD MAINTENANCE FOR CAPITAL IMPROVEMENT EXPENDITURES AT 5.5032 MILLS; PROVIDING AN EFFECTIVE DATE. THE LEVY OF 5.5032 MILLS CONSTITUTES A 7.58% INCREASE OVER THE ROLLED BACK RATE OF 5.1156 MILLS. WHEREAS, the estimated revenue to be received by the City for the fiscal year beginning October 1, 2001, and ending September 30, 2002, from ad valorem taxes is $30,096,310; and WHEREAS, based upon' the taxable value provided by the Pinellas County Property Appraiser, 5.5032 mills are necessary to generate $30,096,310; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER; FLORIDA: Section 1. It is hereby determined that a tax of 5.5032 mills against the non-exempt real and personal property within the City, is necessary to raise the sums to be appropriated for operation purposes, including pensions and debt service, road capital improvement projects, for the fiscal year beginning October 1, 2001, Section 2. The levy of 5.5032 mills constitutes a 7.58% increase from the rolled back rate. Section 3. This ordinance shall take effect October 1, 2001. PASSED ON FIRST READING PASSED ON-SECOND AND FINAL READING AND-ADOPTED I' ' , Approved as to form: Pamela K. Akin City Attorney Brian,J. Aungst Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk Ordinance No. 6841-01 74 OPERATING BUDGET ORDINANCE ORDINANCE NO. 6842-01 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ADOPTING AN OPERATING BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2001, AND ENDING SEPTEMBER 30, 2002; AUTHORIZING THE CITY MANAGER TO ISSUE SUCH INSTRUCTIONS THAT ARE NECESSARY TO ACHIEVE- AND ACCOMPLISH THE SERVICE PROGRAMS SO AUTHORIZED; AUTHORIZING THE CITY MANAGER TO TRANSFER MONIES AND PROGRAMS AMONG . THE DEPARTMENTS AND ACTIVITIES WITHIN ANY FUND AS PROVIDED BY CHAPTER 2 OF THE ' CLEARWATER CODE OF ORDINANCES; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Manager, has submitted an estimate of the expenditures necessary to carry on the City government for the fiscal year beginning October 1, 2001, and ending September 30, 2002; and WHEREAS, an estimate of the revenues to be received. by the City during said period from ad valorem taxes and other sources has been submitted to the City Commission; and WHEREAS, a general summary of the operating budget, and notice of the times and places where copies of the budget message and operating budget are available for inspection by the public, was published in a newspaper of general circulation; and WHEREAS, the City Commission has examined and carefully considered the proposed budget; and WHEREAS, in accordance with Chapter 2 of the Clearwater Code of Ordinances, the City Commission conducted a public hearing in City Hall on September S, 2001, upon said budget and tax levy; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA; Section 1. Pursuant to the City Manager's Annual Budget Report for the fiscal year beginning October 1, 2001, and ending September 30, 2002, a copy of which is on file with the City Clerk, the City Commission hereby adopts a budget for the operation of the City, a copy of which is attached hereto as Exhibit A. Ordinance No. 6842-01 Section 2. The budget as adopted shall stand and be the budget of the City for said fiscal year, subject to the authority of the City Commission to amend or change the budget'as provided by Section 2.519 of the Clearwater Code of Ordinances. Section 3. The City Manager is authorized and ,directed to issue such instructions' and directives that are necessary? to achieve and accomplish the service programs authorized by the adoption of this budget. Section 4. The City Manager is authorized for reasons of economy or efficiency to transfer. part or all of any unencumbered appropriation balance among programs within an operating fund, provided such action does not result in the discontinuance of a program. Section 5. It is the intent of the City Commission that this budget, including amendments thereto,' is adopted to permit the legal appropriation and encumbering of funds for the purposes set forth in the budget. All appropriated and encumbered but unexpended funds at the end of the fiscal year may be expended during the subsequent fiscal year for the purposes for which they were appropriated and .encumbered, and`such expenditures shall be deemed to have been spent out of the current budget allocation. -lt shall not•be necessary to reappropriate additional funds in the budget for the subsequent fiscal year to cover valid, open encumbrances outstanding as of the end of the current fiscal year. . Section 6. Should any provision of this ordinance be declared by any court to be invalid, the same shall not affect the validity of the ordinance as a whole, or any provision thereof, other than the provision declared to be invalid. Section 7. This ordinance shall take effect October 1, 2001. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst Mayor-Commissioner Approved as to form:. Attest: Pamela K. Akin Cynthia E. Goudeau City Attorney City Clerk 2 ordinance No, 6842-01 EXHIBIT A CITY OF CLEARWATER 2001-02 BUDGETED REVENUE Actual Budgeted • Budgeted Revenues Revenues Revenues 1999/00 2000101 2001102 GENERAL FUND: Property Taxes 24,269,342' 25,832,120 28,115,300 Sales Tax Revenue 5,363,888 5,680,550 12,850,000 Franchise Fees 7,743,d09 7,937,460 6,858,720 Utility Taxes 15,242,594 16,167,360 10,798,580 Licenses & Permits 3,266,946 3,215,970 3,182,360 Fines, Forfeitures and Penalties 1,540,859. 1,415,900 1,525,880 Intergovernmental Revenues 8,327,738 8,982,510 9,417,060 Charges for Current Services 1,559,686 2,121,620 2,002,500-. Use and Sale of City Property and Money 1,270,617 1,005,790 1,240,860 Miscellaneous Revenues. 254,491 153,510 309,290 Interfund Charges/Transfers ,10,506,799 11,077,210 11,696,090 . Transfer from Surplus 0 0 313,000 TOTAL. GENERAL FUND 79;345,969 83,590,000 88,309,640 SPECIAL REVENUE FUNDS: SpeclaI Development 14,351,373 12,559,680 19,549,560 Special Program Fund • 4,405,817 2,441,300 2,901,160 ENTERPRISE FUNDS: Water & Gewer Fund 37,274,758 40,558,520 44,760,020 Stormwater Utility Fund' 5,103,464 5,055,000 5,646,780 Solid Waste Fund 151291,419 15,384,000 15,817,300 Gas Fund 21,533,228 23,068,450 28,384,970 Recycling Fund 2,783,045 2,320,330 2,357,140 Marine & Aviation Fund 2,749,752 2,852,660 3,372,530 Parking Fund 3,732,218 3,608,748 4,204,720 Harborview Center Fund, 1,934,942 2,442,420 2,396,670 INTERNAL SERVICE FUNDS: Administrative Services 7,307,210 7,779,880 8,066,680 General Services 2,838,656 2,665,690 3,240,040 Garage Fund 8,720,883 8,821,000 8,983,680 Central Insurance Fund 12,818,392 12,425,180 14,353,620 TOTAL ALL FUNDS 2201191,126 • 225,792,858 252,344,510 Ordinance #16842-01 EXHIBIT A (Contlnued) CITY OF CLEARWATER 2001-02 BUDGETED EXPENDITURES " Actual Budgeted Budgeted Expenditures Expenditures Expenditures ' 1999100 2000101 2001102 GENERALFUND: City Commission 191,192 204,950 270,400 City Manager's Office 750,426 700,530 783,3150 . City Clerk 998,158 1,181,320 1,293,480 Development Services 2,276,751 2,635,470 2,858,860 Economic Development 534,533 682,640 961,240 Financial Services 1,488,111 1,950,840 2,046,660 Fire 13,178,393 15,118,810 15,502,390 ' General Support Services/Grant Writer n/a 66,180 nla Human Relations 503,867 574,810 488,430 Human Resources 993,303 989,580 1,131,250 Legal 953,614 1,237,360 1,259,130 Library ' 4,254,932 4,375,040 4,541'1310 Marine & Aviation 491,169 480,970 507,390 Non-Departmental 4,658,571 2,506,550 2.773,590 Office of Management & Budget 236,524 .253.070 267,020 Office of Tourism 229,317 nla n/a Parks & Recreation 12,045,323 13,227,740 14,745,550 Police 25,954,963 26,536,190 27,868,810 Planning Services 1,782,856 1,834,910 1,749,960 Public Communications & Marketing 743,843 831,680 910,400 Public Works Administration 6,896,650 7,465,250 8,350,390 Quality of Life Administration n/a 725,890 n/a Strategies for Success 122,476 n/a n/a Transfer to Surplus 0 10,220 0 TOTAL GENERAL. FUND 79,294,972 83,590,000 88,309,640 SPECIAL REVENUE FUNDS: Special Development 11,441,073 12,450,820 18,646,110 Special Program Fund 4,842,203 2,321,300 2,806,160 ENTERPRISE FUNDS: ' Water & Sewer Fund 37,499,620 39,482,520 44,760,020 Stormwater Utility Fund 4,403,035 5,036,180 5,646,780 Solid Waste Fund . 13,523,781 15,367,580 15,812,190 Gas Fund 20,259,033 22,999,180 27,168,920 Recycling Fund 1,981,005 2,320,330 2,357,140 Marine & Aviation Fund 2,409,443 2,815,930 3,352,250 Parking Fund 2,470,850 2,939,920 3,119,220 Harborview Center Fund 2,245,218 2,433,870 2,396,670 Ordinance #6842-01 .•F ' I ' , ' r , . , ' , 'S' '•?' it ',y 4', - r .. -?; .. '';.:. ,i•., z.. .A.. '' ......Y' ., •'), :. .a ', 'f? .. .. i L• t EXHIBIT'A (Continued) CITY OF CLEARWATER 2001-02 BUDGETED EXPENDITU RES Actual Budgeted Budgeted Expenditures ' Expenditures ' Expenditures 1 1999100 2000101 2001102 ' INTERNAL SERVICE FUNDS: ; Administrative Services 8,341,456 7,779,880 8,066,680 ti ' General Services 2,694,519 2,835,000 .3,222,950 f Garage Fund 7,449,038 8,778,510, 8,983,680 .. Central Insurance Fund 10,508,003 10,577,260 12,086,800 E TOTAL ALL FUNDS 209,363,241 221,7286280 246,735,210 Ordinance #6842-01 CAPITAL IMPROVEMENT ORDINANCE ORDINANCE NO. 6843-01 AN ORDINANCE OF THE. CITY OF CLEARWATER, FLORIDA, ADOPTING THE CAPITAL IMPROVEMENT PROGRAM BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2001, AND ENDING SEPTEMBER 30;,.2002; APPROVING THE SIX-YEAR CAPITAL IMPROVEMENT PROGRAM WHICH SHALL BE REEVALUATED AT THE BEGINNING OF EACH FISCAL YEAR; AUTHORIZING THE CITY MANAGER TO ISSUE SUCH INSTRUCTIONS THAT ARE NECESSARY TO ACHIEVE AND ACCOMPLISH THE CAPITAL IMPROVEMENTS SO AUTHORIZED; AUTHORIZING THE CITY MANAGER TO TRANSFER MONEY BETWEEN PROJECTS IN ."THE CAPITAL IMPROVEMENT PROGRAM; APPROPRIATING AVAILABLE AND ANTICIPATED RESOURCES FOR THE PROJECTS IDENTIFIED; PROVIDING AN EFFECTIVE DATE. ' WHEREAS, the City Manager has submitted a proposed Six-Year Capital Improvement Program, and has submitted an estimate of the amount of money necessary to carry on said Capital Improvement Program for the fiscal year beginning October 1, 2001, and ending September 30, 2002; and WHEREAS, an estimate of the resources available and income to be received by the City during said period from ad valorem taxes and other sources has been submitted to the.City Commission; and WHEREAS, a general summary of the' Capital Improvement Budget, and notice of the times and places when copies of the budget message and capital budget are available for, inspection by the public, was published in a newspaper of general circulation; and WHEREAS, the City Commission has examined and carefully considered the proposed budget; and WHEREAS, in accordance with Chapter 2 of the Clearwater Code of Ordinances, the City, Commission conducted a public hearing in the City Hall upon said proposed budget on September 6, 2001; now, therefore, BE IT.ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1, Pursuant to the Capital Improvement Program Report and Estimated Budget for the fiscal year beginning October 1, 2001, and ending September 30, 2002, a Ordinance No, 6843.01 copy of which is on fife with the City Clerk, the City Commission hereby adopts a budget for the capital improvement fund for the City of Clearwater, a copy of which is attached hereto as Exhibit A. Section 2. The 'Six-Year Capital Improvement Program and Budget, a summary of which is attached -hereto, marked Exhibit B, is approved in its present form, but prior ' 'to the beginning of each fiscal year the City Commission shall reevaluate -priorities, hold public hearings and formally adopt additions or corrections thereto: Section 3. The budget as adopted shall stand and be the Capital Improvement Program' Budget of the City for said fiscal year, subject to the authority of the City Commission to amend or' change the budget as provided by Section 2.519 of. the Clearwater Code of Ordinances. Section 4. The City Manager is authorized and directed to issue such instructions and directives that are necessary to achieve and accomplish the capital improvements authorized by the adoption of this budget. Section 5. The City Manager is authorized to transfer appropriations within the capital budget, provided such, transfer does not result in changing the scope of any project or the fund source included in the adopted capital budget. Section 6,. Should any provision of this ordinance be declared by, any court to be invalid, the same shall not affect the validity of the ordinance as a whole„or any provision thereof, other than the provision declared to be invalid, Section 7, This ordinance shall take effect October 1, 2001, PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: FlVam_'ela K. Akin City Attorney Brian J. Aungst Mayor-Commissioner Attest: Cynthia E: Goudeau City Clerk 2 Ordinance No. 6843-01. Al? Exhibit A CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2001/02 • Recommended Budget Function 2001f02 Police Protection 500,000 = Fire Protection 2,173,200 ' Major Street Maintenance 4,986,620 Intersections 435,000 Parking 3,300,000 ' Miscellaneous Engineering 175.000 Park Development 3,540,000, Marthb/Aviation Facilities 715,000 Libraries,.. 5,737,900 Garage 2,842,210 ' . ' Maintenance of Buildings 512,000 General Public Bids & Equip 0 Miscellaneous 1,405,200 Stormwatee Utility 5,954;620 ' Gas System 2,485,490 Solid Waste 515,000 Utilities Miscellaneous 226,670, Sewer System 11,420,170 • ' Water System 14,195,460 Recycling 225.000 , 1 $61,344,540 A Ordinance #6843.01 Exhibit A (Continued) ' RESOURCES APPROPRIATED FOR CAPITAL PROJECTS 2001102 Recommended Budget dENERAL SOURCES:' 2001102 General Operating Revenue 1,386,060 ; General Revenue/County Coop 124,940 Special Development Fund 1,594,000 Road Millage. 1,881,620 Penny for Pinellas . 5,586,800 Transportation Impact Fees 290,000 , Development Impact Fees 75,000 Local Option Gas Tax 1,750,000 Recreation Facility Impact Fees 245,000 Recreation Open Space Impact Fees 600,000 Recreation Land Impact Fees 400,000. Grants - Other Agencies 1,305,000 Private Donation 5,000,000 SELF SUPPORTING FUNDS: ' Marine/Aviation Operating Revenue. 470,000 Parking Operating Revenue 306,000 ' Utility System: Water Revenue 674,500 ' Sewer Revenue 3,113,500 Water Impact F'ees' 220,000 Water R & R 2,108,000 Sewer Impact Fees 200,000 Sewer R & R 1,484,000 Gas Revenue 2,517,990 Solid Waste Revenue 515,000 'Recycling Revenue 225,000 Storrnwater Utility Revenue 559,150 Stormwater Retention Revenue 84,050 Grants - Other Agencies " 544,000 INTERNAL SERVICE FUNDS: Garage Fund 165,410 Administrative Services 400,000 General Services 250,000 BORROWING - GENERAL SOURCES: Lease Purchase - General Fund 755,000 , BORROWING - SELF SUPPORTING FUNDS: Lease Purchase- Sewer 59,400 Lease Purchase - Water 29,400 Lease Purchase - Stormwater Utility Bond Issue - Parking 1,5001000 Bond Issue - Stormwater 3,892,080 ' Bond Issue - Water & Sewer 17,631,830 BORROWING - INTERNAL SERVICE FUNDS: Lease Purchase - Garage Fund 2,676,800 Lease Purchase - General Services' 30,000 ' Lease Purchase - Administrative Services 695,000 TOTAL ALL FUNDING SOURCES: $61.344,540 Ordinance #6843-01 1 i. . q Q a E7 0 p p /./? .h ^, L1I ^M /?, (Q •'! 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Eo o ca o w :. oM•0 v a? Q m Q o '? is } Q an (D C cn U) Q ro x •? 'cu M° c cn 3 • Clearwater City Commission Worksession Item # ?U Agenda Cover Memorandum Final Agenda Item # i Meeting Date 9-06-01 SUBJE, CTIRECOMMENDATION: Amendments to the Community Development Code MOTION: APPROVE teat amendments to the Community Development Code and PASS Ordinance No. 6835-01 on first reading. ? and that the appropriate officials be authorized to execute same. SUMMARY: In June 2001, the City Commission directed the Planning Department to make recommendations to the Neighborhood Conservation Overlay District (NCOD) regulations regarding the neighborhood's final review of the zoning provisions proposed in 11 NCOD. The following five amendments are proposed to tile NCOD requirements: • , Require NCOD petition to be submitted to the Community Development Coordinator instead ofthe City Clerk; • Allow the study committee to include four alternate members; • Require a vote of the neighborhood on each development standard proposed to be included in tile NCOD; • Require the NCOD code amendments to be considered in accordance with the section of the code governing text amendments; and • Specify procedures for making amendments to the NCOD and eliminating the NCOD. Printed on recycled paper Reviewed Originating Department: Costs: Commission Action: by: Legal Planning 0 Approved Budget NIA Gina L. Clayton Total ? Approved with Conditions Purchasing NIA User Department:? , ? ? Denied Risk Mgmt, NIA Planning ?/??11V Current Fiscal Year ? Continued to: IS NIA Funding Source: ACM to Capital Improvement Other 14/A Advertised: ? operating, Date: Cl Other: Attachments: :?. Paper: Planning Dept. Staff Report Submitted ? Not Required Appropriation Code Ordinance No. 6835-01 by: +, , R Affected Parties © Notified City Manager ? Not Required ? None The Planning Department is also recommending; the following two,amendments: • 'Notice Re uiremcits. Revise the notice requirements for continued public hearings by only requiring ' letter notice to be given to the applicant and surrounding property owners and not requiring; notice to' be provided in the newspaper for the continued public hearing; date; and •; Transfer or Development Rights.' Revise the transfer of development rights provision that limits the amount of development rights that can be transferred from the sending site to 20%. This proposal does not revise the 20% limit on the receiving site and is consistent with the Countywide Rules. At the August 21, 2001 meeting, the'Community Development Board unanimously recommended approval of the ordinance with one revision to the neighborhood'conservation overlay district vote requirement. The Board recommended that only those development standards receiving; 51% of the, vote cast be forwarded to the, Commission for consideration. Staff . supports'' this, recommendation and has revised the ordinance accordingly. 7 f , y CDB Meeting Date: Rust 21,_2001_ Cosc'Number: TA00-07-03 Agenda Item: D-2 CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT TEXT AMENDMENT RUQUEST: Amendments to the Community, Development Code -- Ordinance No. 6835-01 INITIATED BY: Planning Department UPDATE: The Community Development Board unanimously recommended :approval of the text amendments at the August 21" meeting with one revision regarding the neighborhood ' conservation overlay district; The Board recommended that the vote requirement in proposed Section 4-608(D)(4) be revised to only allow those development standards receiving 51% of the votes cast by the neighborhood to be forwarded to the Board and City Commission for consideration., The ordinanee, has been revised to reflect this recommendation, however, the staff report has not been changed. BACKGROUND INFORMATION: During the discussion of initiating the Island Estates Neighborhood Conservation Overlay District (NC:OD), the City Commission directed the [Tanning Department to make amendments to the NCOD regulations regarding the neighborhood's final review of the zoning provisions proposed in a NCOD. Additionally the Commission discussed tine type and cost of such. elect ion, (lie eligibility for voting and ilic determination of results.' The Planning Department is,initiating this amendment to respond to City Commission direction on this issue. In addition, the Planning Department recommends addressing two critical issues: notice requirements for continued public hearings and transfer, of development rights. All. of the proposed amendments are considered to be important to operations and should not be delayed until the annual review of the code. 11Ianning/Gina ClaytoiVordinaneelNCOD, 08.21-0I C013 Meeting 1'DR, mid NOTICE AmendmentAtevised Staff' Itcpart -NCOD Amendments ') Y ANALYSIS: Proposed Ordinance No. 6835-01 'includes amendments addressing the items listed above. Below please find a description of each proposed amendment: 1. Notice Requirements for Continuances (Page 2 of proposed ordinance.) The Planning 'Department is proposing amendments to the notice requirements for ' continued public hearings. In the June 2000 code update, provisions were added to the public hearing requirements to provide a second notice far any continued public hearing in the newspaper and to all persons who were originally given notice. Florida Statutes only require notice to be provided again if the public hearing' is not continued to-a date certain. Due to the high cost of placing notices in the local newspaper and the ineffectiveness of such notice to provide information to affected property owners, the Planning Department is proposing to eliminate this requirement. The Planning Department is proposing, however, to continue to provide second notice via letters to affected property.owners that received the criDina! notice. 2. Neighborhood Conservation Overlay District (Pages 2 -- 4 of the proposed ordinance.) The Planning Department is proposing to revise the neighborhood conservation overlay district provisions in five areas. The first amendment is a small procedural change to Section 4-608(D)(1) that would require any NCOD petition to be filed with the Community Development Coordinator instead of the City Clerk. Staff is' proposing this change because all other land development applications are liled with the Community Development Coordinator and the Planning Department is responsible for processing a request for NCOD designation. The second amendment proposes to revise Code Section 4-608(D)(3) to permit the study committee to include up to four (4) alternate members.. The applications we, have received from Coachman Ridge and Island Estates includes alternate members, Tile existing provisions are, silent on this issue and staff is proposing to include provisions that provide for such alternate members who serve a useful purpose in representing their neighborhood. The third amendment is being proposed to Section 4-608(D)(4). It adds a requirement that tine owners of property within the proposed NCOD vote oil each development standard proposed to be included in the NCOD. The results of such vote would be presented to the City Commission when considering whether or not to approve a NCOD. The vote results will be presented showing the total votes cast. the votes in favor and the votes opposed.' . The provision requires that the Community Development Coordinator approve the format and method of voting and that the costs of the election be paid by the neighborhood petitioning the Commission for NCOD , designation. 111nnning/GinaClayton/Ordinnnce/NCOD, 08-21.01 CD11 Mooting TIM'. and NOTICG Atnendmentslltevikd Staff Report-NCOD Amendtntmis 2 The fourth amendment is to recognize that a proposed NCOD involves amendments to tilt: community development code, Section 4-608(D)(6) is being; amended to include a requirement that NCOD code amendments be considered in' accordance with Section 4-601, which governs text amendments. .'Tile fitih and final proposed amendment adds a subsection (7) to' Section 4-608(D) that sets forth the procedures ror those neighborhoods wanting to amend the provisions of an already established NCOD or to eliminate a NCOD. The Code is currently silent on how to amend or rescind the NCOD. The proposed procedure 'would be the same, as that required initiating a NCOD. A petition signed by owners of sixty percent (60%) of the property within the NCOD would have to be submitted to the Community Development Coordinator, along:; with an explanation of the purpose of the amendments or the reasons for the elimination of the NCOD. Within 30 days after receiving the petition and explanation, the City Manager would give a recommendation. to the City Commission as to whether or not the ameridment/elimination process should begin. The City Commission would consider the request and the amendment or deletion of the overlay district would follow the same process and notice requirements as the original adoption required. 3. Transfer of Development Rights (Page 4 of the proposed ordinance.) The Planning Department is proposing; to delete a provision of' Code Section 4-1402 that specifies the amount of development rights .that can be transferred from one development site to another. In September 2000 the Countywide Planning Authority approved an amendment to the Countywide Plan Rules that allows the use of transfer of development rights within a designated redevelopment area. 'T'his provision specifies that density,/intensity may exceed the maximum density/intensity of the Future Land Use Plan category for the receiving parcel by an amount not to exceed .twenty (20) percent of the otherwise permitted maximum. Staff is proposing to delete the current Clearwater requirement that limits the amount of rights that can be transferred from the "sending" site. The code would continue to limit the transfer so that the "receiving" site is not exceeded by twenty (20) percent. 'The proposed amendment is consistent with the Countywide Rules since the Countywide Rules do not have a limit on the sending; site. The existing provision on the development of the sending; site will remain i.e. the CDB will review both sites (sending and receiving): The Department believes that there may be development alternatives that are compatible with the area that could be inhibited by the current sending; site rule. 111nnning/Gina [,la}-toNOrdiiiance[NCUU, 08-21.01 CIM Meeting TDR, and NOI'ICI: Amendutients/Itcvised Staff Report -NCOD Amendments 3 CRITERIA FOR TEXT AMENDMENTS: Code Section 4-601 specifies the procedures and criteria for reviewing text amendments. Any code amendment must comply with the following, 1. The proposed amendment is consistent with and furthers the goals, policies, objectives of the Comprehensive Plan. Befow please find a selected list of goals, objectives and policies from the Clearwater Comprehensive Flan that are furthered by the proposed amendments to the Community Development Code: • Goal 2 -- "The City of Clearwater shall utilize innovative and flexible planning and engineering practices, and urban design standards in order to protect' historic resources, ensure neighborhood preservation, redevelop blighted areas, and encourage in.fill development." "Tile provisions further defining and improving the process of the neighborhood conservation overlay district enhances this innovative planning tool, which was established to preserve neighborhood character and encourage infill development that ' is compatible with the neighborhood. Eliminating; the restriction on the amount of density/intensity that can be transferred fr6rn a site improves an existing innovative planning practice intended to stimulate the redevelopment of blighted (redevelopment) areas. Objective, 2.4 -- Compact urban development within the urban service area shall be promoted through application of the Clearwater Development Code, The NCOD is an innovative planning tool to address redevelopment in existing established neighborhoods. By making the NCOD process more comprehensive and providing a mechanism to. amend any requirement established through a NCOD makes, this a stronger neighborhood program which , promotes compatible development. By 'eliminating; the restriction on the-amount *of density/intensity that can be transferred from a sending site, the proposed amendment to the transfer of development rights provision promotes urban development through the Code. 2. The proposed amendments further the. purposes of the Community Development Code and other City ordinances and actions designed to implement the Plan. 'lanninglGinu Clayton/O rd inanceIN COD, 08.21-01 CDI3 Meeting TDR, and NOTICE AtnendntentsNevised StaA lteport-NCOD Antcndments 4 i i f Tlic proposed text amendments revise notice requirements for continued public hearings, revises the neighborhood conservation overlay district standards found in Article A, and' the transfer of development rights regulations that limit the amount of density/intensity that can. be transferred from a site. These amendments further the following purposes of the Community Development Code'. Section 1103(A). - It is the purpose of this Development Code tti implement the Comprehensive Plan of the city; to promote: the health, safety, geacral welfare and quality of life in the city; to guide the orderly growth and development of the city; to establish rules of procedures for land development, approvals; to enhance the character of the city and the preservation of neighborhoods; and to enhance the quality of life of all residents and property owners of the city; • ' Section 1-103(C).- It is the further purpose of this Development Code to promote economic development, neighborhood revitalization, and regional cooperation to sustain efforts through which development will protect regionally significant water and other environmental resources. • Section 1-103(E)(2),- Protect the character and the social and economic stability of-all parts of the city through the establishment of reasonable standards' which encourager the orderly and beneficial development of land within the city; and Section 1-103(E)(3) - Protect and conserve the value ofland throughout the city and the .value of buildings and improvements upon the land, and minimize the conflicts among the uses of land and buildings. ' I SUMMARY AND RECOMMENDATION: The proposed amendments are consistent. with the Comprehensive Plan and the Community Development Code. The amendments provide for effective notice to the public for continued public hearings, but at a substantially lower cost; provide residents within a neighborhood proposing a NCOD a mechanism for direct input into the final review process; and eliminates unnecessary limitations on transfer of development rights and provides total consistency with the Countywide Rules. The Planning Department Staff recommends APPROVAL of Ordinance No. 6835-01 that revises the Community Development Code. Prepared by: Gina L. Clayton ATTACHMENT: Proposed Ordinance No. 6835-01 11Iaanning/Gina Claytoti/Ordinanee/NCOD. 08-21-11 CDB Meeting' `I'Dtt. and NOTICE Amendnaents/Revised StatTRctpott --NCOD Asacndinents ORDINANCE NO. 6835.01 'AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE COMMUNITY DEVELOPMENT. CODE; AMENDING ARTICLE 4, DEVELOPMENT REVIEW AND OTHER PROCEDURES, SECTION 4-206(E), NOTICES AND PUBLIC HEARINGS, BY AMENDING THE NOTICE REQUIREMENTS . FOR CONTINUANCES; AMENDING ARTICLE 4, DEVELOPMENT REVIEW AND OTHER PROCEDURES, SECTION 4-608, NEIGHBORHOOD CONSERVATION OVERLAY DISTRICT, BY REQUIRING PETITIONS TO BE SUBMITTED TO THE COMMUNITY DEVELOPMENT COORDINATOR INSTEAD OF 'THE. CITY CLERK; BY ALLOWING UP TO FOUR ALTERNATES - TO? SERVE ON A NEIGHBORHOOD CONSERVATION DISTRICT STUDY COMMITTEE; BY ADDING A REQUIREMENT THAT .NEIGHBORHOODS ARE REQUIRED 'TO CONDUCT A VOTE, AT THEIR EXPENSE, REGARDING EACH ' PROPOSED DEVELOPMENT STANDARD PROPOSED . IN THE NEIGHBORHOOD CONSERVATION DISTRICT; BY REQUIRING ANY TEXT AMENDMENTS MADE AS A RESULT OF THE CREATION OF A NEIGHBORHOOD CONSERVATION DISTRICT TO BE CONSIDERED PURSUANT TO THE PROVISIONS OF 'SECTION- 4-601; BY ESTABLISHING A PROCEDURE FOR AMENDING ANY DEVELOPMENT STANDARD IN A NEIGHBORHOOD CONSERVATION DISTRICT OR ELIMINATING A NEIGHBORHOOD CONSERVATION DISTRICT IN ITS ENTIRETY; AMENDING ARTICLE 4, DEVELOPMENT REVIEW AND OTHER PROCEDURES,' SECTION 41402, ALLOCATED DEVELOPMENT RIGHTS' ARE FREELY TRANSFERABLE, BY ELIMINATING THE PERCENTAGE OF DEVELOPMENT RIGHTS THAT' MAY BE. TRANSFERRED FROM A SITE; PROVIDING AN EFFECTIVE . DATE. WHEREAS the City of Clearwater has conducted an in-depth review of the public 11r earing notice requirements, the neighborhood conservation overlay district provisions and the'transfer of development rights provisions avid determined that existing regulations need to be amended; and WHEREAS, it is very costly to the City of Clearwater to provide certain notices for public hearings that are continued to a date certain; 'WHEREAS, it is necessary to provide the City Commission with information regarding neighborhood support of each proposed development standard of a neighborhood conservation district; 'and Ordinance No. 6835 -01 4 WHEREAS, it is necessary to have a procedure for amending the development standards of a neighborhood conservation district or even eliminate a neighborhood conservation district; and WHEREAS, to be more consistent with the Rules Concerning the Administration of the Countywide Future Land Use Plan,'As Amended with regard to transfer of development rights; and WHEREAS, the Clearwater Community Development Board, pursuant to its responsibilities 'as the Local Planning Agency, has reviewed these amendments, conducted a public hearing to consider all public testimony and has determined that this amendment is consistent with the City of Cle'arwater's Comprehensive Plan; and WHEREAS, the Clearwater City Commission has fully considered the recommendation of the Community Development Board and testimony submitted at Its public hearing; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Article 4, Development Review and Other Procedures, Section 4- 206(E), Notices and Public Hearings is hereby amended as follows: E. Continuances. A hearing may be continued to a specified date, time and place. The city cleric shall cause notice to be given to all persons originally entitled to notice, of the date, time and place of such continued hearing i the Ga a no less than seven days 13rior to such hearing and in the manner as specified in sections 4-206(G ) 4206(C)(2)(b).1c)_ and (d). Section 2. Article 4, Development Review and Other Procedures, Section 4- 608, Neighborhood Conservation Overlay District is hereby revised as follows: Section 4-608. Neighborhood Conservation Overlay District. D. Designation process. 1. The process for the designation, of a particular area as a neighborhood conservation district shall be,commenced by a pre-application-conference ,with the community development coordinator and initiated by a petition signed by the owners of 60 percent of the real property within the area proposed for designation as a neighborhood conservation district which shall be fled with the city GIeFk community development coordinator. 2 Ordinance No. 6835-01 2. Within 30 days after receipt of a petition, the city manager shall submit a written recommendation as to whether the neighborhood conservation district designation process should be commenced for the area proposed for designation: If the city manager recommended that the commission commence the neighborhood conservation district designation process, the city manager shall include the nomination of 11 persons to serve as a neighborhood conservation study committee for the area proposed for designation with the recommendation. If the city manager recommends that the designation not be commenced, the city manager shall specify the reasons for his recommendation. 3. Upon receipt of the recommendation of the city manager, the city commission shall consider th.e petition at a public meeting and determine whether to commence the neighborhood conservation district designation process for the area proposed for designation and shall appoint a, neighborhood conservation study committee made up of a chairman and six members selected from the persons nominated by the city manager. The study committee may also include a maximum of four (4) alternate committee members.' 4. 'When a neighborhood conservation study committee is appointed, the city manager shall initiate a 90-day special area planning process for the area proposed for designation. The study committee shall serve as an advisory body during the special area planning process and shall hold at least four ..public meetings during the process. The city manager shall provide staff assistance to the study committee and the study committee shall approve a special area plan including the goals,' policies and objectives for the proposed neighborhood' conservation district, a specification of the provisions of this development code which would otherwise be applicable which should be modified for the proposed neighborhood conservation district and a specification of additional development standards which are necessary and appropriate to protect the health, safety and welfare of the proposed neighborhood conservation district. The owners of real property within the proposed neighborhood conservation district shall vote on each development standard proposed _t__o? be included in the neighborhood conservation district. The format of the ballot and method of voting shall be approved by the Community Development Coordinator. The results of the vote shall be provided to the Community Develo ment Board and the C?_ Commission to be considered when reviewing the proposed development standards. Each development standard forwarded far consideration shall have the su ort of at least fifty-one 51 percent of 3 Ordinance No. 6835-01 the votes cast. Any, costs associated with the 'conduct of such election shall be paid y the neighborhood. 5. Upon completion of a special area plan for a proposed neighborhood conservation district, the city manager shall prepare amendments to the comprehensive plan and a neighborhood conservation overlay district which are necessary and appropriate to implement the special area plan for the proposed neighborhood conservation district. 6. The proposed comprehensive plan amendment, if any, and the proposed neighborhood conservation overlay district shall be considered by the city according to the requirements of section 4-603 of this development code for comprehensive plan amendments, section 4-601 for text amendments to the Comm unity-Development Code and section 4-602 for amendments to the zoning atlas. 7. In the event a neighborhood wants to amend -the development standards established in _a_ neighborhood conservation district ? or eliminate the neighborhood conservation district,, a petition signed by the owners of sixty (60) percent of the real property within the neighborhood conservation district shall be submitted to the Community Development Coordinator. Along with the petitions, the neighborhood shall also submit the purpose of the amendment(s) and reason(s) why a neighborhood conservation district should be revised or eliminated. Within 30 days after recei t of such petition and explanation, the cit manager shall submit a written' recommendation to the commission as to whether the neighborhood conservation_ district amendment or elimination process should be commenced. Upon receipt of the recommendation of the city manager, the city commission shall consider the petition at a public. meeting and determine whether to commence the amendment or elimination process. The amendment or deletion of the overly district shall follow the same process and notice requirements as the original adoption. Section 3. Article 4, Development Review and Other Procedures, Section 4- 1402, Allocated development rights are freely transferable, is hereby amended as follows: Ale FneFe tk"^ 20 ^^F^°pt- the-dDevelopment rights of a previously developed site may be transferred to any site at any time, to the same extent and in the same manner as any other interest in real property provided that the density and/or intensity of the receiving site is not exceeded by 20 percent of the development potential of the 4 Ordinance No. 6835-01 y site prior to the.transfer. The transfer. shall be in the form of a special warranty deed which shall specify the ,amount of transferable development rights which.'are being conveyed or sold and the real property from. which the rights are transferred. The special warranty deed shall contain a covenant restricting in perpetuity the use of the parcel from which the rights have been transferred. Section 4., This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED i Brian J. Aungst Mayor-Commissioner Approved as to form:. Attest: Leslie .K.. Dougall des Cynthia E.' Goudeau, Assistant City Attorney City Clerk 5• Ordinance No. 6835-?1 Il AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE COMMUNITY DEVELOPMENT CODE; AMENDING ARTICLE 2, ZONING DISTRICTS, BY CREATING DIVISION 16, NEIGHBORHOOD CONSERVATION OVERLAY DISTRICTS; BY CREATING SECTION 2-1601, COACHMAN RIDGE NEIGHBORHOOD CONSERVATION OVERLAY DISTRICT WHICH ESTABLISHES ADDITIONAL DEVELOPMENT STANDARDS TO BE APPLIED ONLY IN THE COACHMAN' RIDGE NEIGHBORHOOD CONSERVATION OVERLAY j DISTRICT;' PROVIDING AN EFFECTIVE DATE. WHEREAS, the Coachman Ridge neighborhood has developed a Coachman Ridge Neighborhood Plan pursuant to Community Development Code Section 4-608 which supports additional.code requirements to implement the Plan; and WHEREAS, the City of Clearwater has approved the Coachman Ridge Neighborhood Plan in Resolution No. 01-23; and .WHEREAS, the City of Clearwater has determined that additional standards shall be applied to the Coachman Ridge neighborhood to implement such plan; and WHEREAS, the Coachman Ridge neighborhood has committed to be a partner with the City in implementing the provisions of this overlay district by committing to educating neighborhood property owners of the overlay district requirements and providing the initial means of enforcement of any violation of the requirements of the overlay district pursuant to Community Development Code Section 4-608(E); and WHEREAS, the Community Development Board, pursuant to its responsibilities as the Local Planning Agency, has reviewed this amendment, conducted a public hearing to consider all public testimony and has determined that this amendment is consistent with the City of Clearwater's Comprehensive Plan; and WHEREAS, the City Commission has fully considered the recommendation of the Community Development Board and testimony submitted at its public hearing; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Article 2, Zoning Districts, Division 16 Neighborhood Conservation Overlay Districts is hereby created. Ordinance No. 6825 -01 i Section 2, Article•2, Zoning Districts, Division 16, Section 2-1601 Coachman Ridge Neighborhood Conservation Overlay District is hereby created containing the following provisions, 2-1609 Coachman Ridcle Neighborhood Conservation Overlay District A. Intent and Purpose. The Coachman Ridge Neighborhood Plan was developed in response to neighborhood needs and approved by the City Commission on September 6, 2001 to provide guidance and policy direction for all public and borhood. private actions within and in the vicinity of the Coachman Ridge neighborhood. The purpose of the _Coachman Ridge Neighborhood_Conservation Overlay District CRNCOD is to provide _overlay _regulrements to ensure that infill and redevelopment activities are consistent with the protection of the existing established character within the district and to protect the health, safety and welfare of the district. B. Jurisdictional Boundaries. The Coachman Ridge Neighborhood Conservation Overlay District_(CRNCOD) shall.be consistent with the boundaries of Tract A-I, Coachman Ridge Subdivision as recorded in Plat Book 83, pages 62 through 64 of the Public Records of Pinellas County, Florida, Tract A-11-Coachman Ridge Subdivision-as recorded in Plat Book 85, -pages 57 and 58-of the Public Records of Pinellas County Florida, and. Tract A-111, Coachman Ridge Subdivision, as recorded in Plat Book 88, page 73 of the Public Records of Pinellas County, Florida. C. Relationship to Underi in Districts and Other Provisions of the Communit Development Code. The designation of the Coachman Ridge Neighborhood Conservation Overlay District on the zoning atlas provides _ requirements in addition to those contained in the Low Density- Residential and Low Medium Densi Residential Districts. The provisions contained herein shall govern in this overlay district only. Issues not specifically addressed in this overlay district shall be governed by the remaining provisions of this Community Development Code. -- -- D.. Minimum standard development. The following uses are Level One permitted uses in the CRNCOD District subject to the minimum standards set out in this Section' and other applicable provisions of Article 3,^ 2 Ordinance No,6825-01 Table _2- 1601.fD). "CRNCOD".' Minimum ,Dev_elopment Use Min. Lot -Min. Lot Min. Setbacks ft, Max. Min.Olf- Area i sdth Ne_wy Street Ng. ft.) (f? Parkin Front Side Rear Corner Side Yard (1) Proert with underiving zoning of ' LDR: Community 30,000 100 25 15 25 25 30 2 car Residential attached Homes 6 or garage fewer perr residents dwelling Detached 30,000 100 25 15 25 25 30 Dwellings 2 car attached ag rage per dwellin Propertywit. underlying zoning of LMDR: Community 9,000 80 25. 7 10 2.0 30 2 car Residential attached Homes-L6 o garage fewer residents dwelling Detached 9.000_ 80 25 7 10 20 r 30. 2 car Dwellings attached garage l-er dwelling__. ' R) A corner side-yard is-the side yard of _a comer fot that _abuts a au6ifc right-of-way. F. Flexible standard, development. The following Level One uses are permitted in the CRNCOD District subject to the standards and criteria set out in this Section and other applicable regulations in Article 3. 3 Ordinance No.6825-01 M . Table 2-1801 . "CRNCOD" Flexible Standard Develo ment Use Min. Mint. Min. _S_etbacks ft. Max. Min, OK Lot Lot Ne_ ktg 2reet Area Width {f Parkins Front gLdq Rear Corner Side Yard (12. Property with underlying zoning of LDR: Residential Infill nla nla 1()-, 00- 'J-- 10-20 30 2 car pro ect 2 25 15 15 attached :.' garage per dwelling n/a n/a 25 15 25 25 30 nla Utili /Infrastructure Facilities (3) Property with underlying zoning of LMDR: Residential Intiil n/a, n1a 10- - 00- 0-- 10-210 30 2 car Project 2 25 7 10 attached garage-per dwellin , n/a n1a 25 7 10 20 30 nla Utili rilnfrastructure. Facilities 3 3 Uttlil !infrastructure uses shall not exceed three acres. Any, such use, alone or when added to contiguous _like uses which exceed three acres shall require a land use plan map amendment-to transportation/utility which small include such uses and all contiguous like uses. Flexibility criteria: 1. - Resident=ial infrll. . 4 Ordinance No,6825-01 1 a. Single-family-detached dwellings and community residential homes with ., six 6 or fewer residents are the only permitted uses eligible for residentiallnfill project a ilcation• b. The development or redevelopment of_ the parcel _ proposed for development is consistent with the Coachman Ridge Neighborhood Plan. c. The development or redevelopment of the parcel proposed for development is otherwise impractical without deviations from the intens and other development'standards4 _ d. The -development of a parcel proposed for development as a residential infill proiect will not- materially reduce the fair market value of abutting properties: e. The development of the parcel proposed for development as a residential irifill groiect will upgrade the immediate vicinity of the parcel proposed for development, . , f. The design of the proposed residential infill proiect creates a form and function which enhances the community' character of the immediate vicinity.- of the parcel proposed for development and the City of Clearwater as as whole: g. Flexibility in regard to lot -width and _ required setbacks or other development standards is justified by_the_benefits to. community- character and the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole 2. UtilitV nfrastructure facilities. a. The proposed utility/infrastructure facility is needed 'to maintain current levels of service or enhance levels of service. b. The siting and screening of the promsed -utility/infrastructure facili protects the established character of the Coachman Ridge neighborhood. c. No above ground structures shall be located in -a required front yard o_r corner side yard setback. F. Flexible development The following level Two use is permitted in the CRNCOD District subject to the standards and criteria set out in this, Section and other applicable regulations in Article 3. Ordinance No.6825-01 Use Min. , Min. Lot Min. Setbacks ft. Max, Min. Off- Lot Width He? fight Street Area LU Lt Parkin Front .? Side Rear Corner Side . Yarrll ? l . Property with under! in zonin of. LDR: Utilityilnfrastructure nla n/a 10-- 00- 0-- 10 - - 25 nip nia Facilities (2) 25 15 25. . Property with underlying zoning of LMOR: Utili /lnfrastructure nla nla 16-- a0- 'a? 10-20 nla nla Facilities (2) 25' 7 10 (1) A comer side yard is the side yard at a -corner lot that anuts a pumc nant-or-way. (2) Utilft infrastructure facilities shall not exceed three acres. An such use alone or when added to. contiguous _like uses which exceed three acres shall require a land use plan map amendment to transportation utility which shall include such uses and all contiguous lice uses. Flexibility Criteria, 1. lnfrasfructure/ufility facilities. a. The proposed infrastructure/utility facili is needed to maintain current levels of service or enhance levels of service: b. The siting and screening of the proposed infrastructurelutili? facility_ protects the established character of the Coachman Ridge neighhorhood1 c. No aboveground structures shall be located in a required front yard setback; 1 Table 2-1602lF?. " CRNCf?L1" ? Flexible DeveJ?menf • 6 - Ordinance No,6825-01 d. The . development or redevelopment of the parcel proposed for deyetopment is otherwise impractical without deviations from the setback requirements; --•-- e. Flexibility- with regard to setbacks are justifed by the benefits to the neighborhood character and the immediate vicinity of theparcel proposed for development;'-.--..... f. The proposed use_is„compatible and consistent with the character of the adjacent properties and the Coachman Ridge-neighborhood as a whole. G.. Driveway Materials. Driveways constructed _of asphalt, -gravel, shell and -other similar materials shall be prohibited. H. Parking on Landscaged?Areas. The parking of an typ_e_of vehicle, trailer, boat, recreational vehicle, or any other similar_v_ 6hicle shall be prohibited on grass or any other landscaped area. _ I. Perking of Certain Wipes of Vehicles. The following vehicles shall only be_ke?t on progeny if parked inside a garage and concealed from public view: boats, . personal watercrafts, recreational vehicles, trailers, commercial vehicles, race cars; dune buggies, farm •eguipment; go !carts, ATVs or other similar vehicles. This provision shall not prevent commercial vehicles from parking on the streets and on driveways if present on business.- This provision shall not prevent the' loading, unloading and cleaning of such vehicles as ermifted in Section 3- 1407B. J. Fences. 1. Chain Link Fences. Chain fink and vinyl- coated chain link fences shall be . , prohibited throughout the CRNCOD. 2, Fences Located in the Front Yard. a. Property with an Underlying Zoning- Designation of Low Density Residential. Non-opaque fences not exceeding three feet in height may be permitted between _ the front building line and the front property line and between the side building line and any property line adjacent to a street rriic ht-of-way line provided that fence materials and design are compatible with the architectural design- of the dwelling. b. Property with an UndeHying Zoning ' Designation of Low Medium Density Residential. Fences shall b"rohibited between the front 7 Ordinance No.6825-01 building line and the front° ro ert line and between the side building. line and any property fine adiacent to a street right-of-way line. 3. Fences Located _in the Side and Rear Yards. Fences located in the side and rear yards -shall be in compliance with the fences requirements as set forth in Article 3, Division 8. K. Screening Requirements. _Trash containers, -oil tanks, gas tanks, soft water tanks and other similar a ui ment shall be located behind the front building line and screened from public view. - Screening may . be -accomplished throe h landscaping and/or fencincL. Section 2. This ordinance shall take effect on September 17, 2001. ; :PASSED ON, FIRST READING . PASSED ON SECOND AND FINAL READING.AND ADOPTED Brian J. Aungst Mayor-Commissioner Approved as to form: Attest: Leslie K, Dougall-Sides Cynthia E. Goudeau Assistant City Attorney City:Clerk 8 Ordinance Nn.6825-01 OAS All 30 j..40 h! E?: ?\ Sa/011 1 ? ? `?7L ?y }? •• / - ?\ ,.9 )4i-,2 3..011 N/:<> 4' k co ¦l i. /q 1nr MI N ?? 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'? 2 I S ? i° EO rln wlY 3] \ Y, y 1S] S tl0 rlr wlr itu t0 52 ,6.• ?, a770, 15r rue rr+ IS , U J ,7,\ / ti '4y ISa + all a 34 to CS ••• w. 51 ref (2 (? JL ?.?I30 S?Oti.4 "r?• :td 717 wr• r••t to 1e e7 ? r.. '•TF.i ?r ? .- ?,~?? ''•3' :79 ` ?4 :1! 1 tt`1:f 47 /,? ti M./ 1566 tier t7 A ? A Ws 11(Oa ,?. ?[ 173 ti. ~ ?' ?•? U t' ?.y e3 i? y^ '4. d3 of 7 rus 38 ?I36'? Y,r i,a ,t'] ?• \ ?' a 9t Ira ?? I3S 'r •r •7 ? ,? ? f Lhf ,ay G / b ?.?MQ?' ed 0 R ? e/ ae 1f ar. 7s4 136 ' a ! + y, es ?1` / 40 p ,? d za w, '0 i 17] . Y ^a 1: 127 1^t '"1• ,? l +9 a + f / y')] ?? ?.I? ?•?? '.y 117 e,t l." +r ?.¦??y? ? at\ f tiVV/ 'oV ', wy ++f a7 17d •Y I°6 0:01 1:M IO] -°. t + 110 tti ; it »??a J M ~ •' a /N s\_ \t,t? /? 113y 4I ?(\ a) .. I`5 176 7:? Y \s 1 V \ AI 6 fLl,rT L1tLli On It a. ~? °d?, `rl 67 s '+ IIS ?'+10r ''? ,1. of j0`, `? ,t! Ie0" ,6, i7" ,0.1 'N? 10.. 202 r9v SS Ica +OS ,..? fl ti .+` ?? 104 i` /? ?/ V .°1 \ RO 167 '?+/ *J•' lY 9! / 1 r47 ? i196' IOI`:?+ 1' \ .J/ ... '• 14 C2 1 COACHMAN RIME PARK 16e ,nl c + •• 17 e 1 .± nd ! 195 09\ ?'° lit Y C;OA CRO n' 4. \ 14, If7 19) H+ H MID R i HUL 07 157' ........... ? 14 73(w °? ? w / , 5 s e r arlyL 1T rt.3 WrATES ' J%ry1} v?v 21/03 ADOPTED ZONING CLASSIFICATION Coachman Ridge Neighborhood CASE Z 01-06-02 ATLAS Conservation Overlay District PAGE: 263A, 2638, 272A, 2728 PROPERTY SIZE (ACRES): 159± (CRNCOD) 1 . r ORDINANCE NO. 6824-01 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY OF CLEARWATER BY REZONING AND APPLYING THE COACHMAN RIDGE NEIGHBORHOOD CONSERVATION OVERLAY DISTRICT AS AN OVERLAY DISTRICT IN ADDITION TO THE EXISTING LOW DENSITY RESIDENTIAL AND LOW MEDIUM DENSITY RESIDENTIAL ZONING DISTRICTS FOR CERTAIN REAL PROPERTY LOCATED WITHIN THE BOUNDARIES OF TRACT A-1, COACHMAN RIDGE SUBDIVISION, AS RECORDED IN PLAT BOOK 83, PAGES 62 THROUGH 64 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, TRACT A-11, COACHMAN RIDGE SUBDIVISION AS. RECORDED IN PLAT BOOK 85, PAGES 57 AND 58 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, AND TRACT A-111, COACHMAN RIDGE SUBDIVISION, AS RECORDED IN PLAT BOOK 88, PAGE 73 OF THE PUBLIC-RECORDS OF PINELLAS COUNTY, FLORIDA.; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Coachman Ridge neighborhood has developed the Coachman Ridge Neighborhood Plan pursuant to Section 4-608 of the Clearwater Community Development Code; and WHEREAS, the City of Clearwater has approved the Coachman Ridge Neighborhood Plan in Resolution 01-23; and WHEREAS, the Coachman Ridge Neighborhood Conservation Overlay District will operate in conjunction with and in addition to the underlying Low Density Residential and Low Medium District Residential zoning districts by providing specific regulations unique to . Coachman Ridge; and WHEREAS, the Community Development Board, pursuant to its responsibilities as the Local Planning Agency, has reviewed this amendment, conducted a public hearing to consider all public testimony and has determined that this amendment is consistent with the City of Clearwater's Comprehensive Plan; and WHEREAS, the City Commission has fully considered the recommendation of the Community Development Board and testimony at is public hearing; now therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The :Following described property in Clearwater, Florida, is hereby rezoned, and the zoning atlas of the City is amended as follows: Pro ert Zoning District See attached Exhibit A From: Low Density Residential and Low Medium Density Residential (Z 01-06-02) Ordinance No. 8824 -01 CDB Meeting 07-17-01' Zoninq Map See attached Exhibit B To: Low Density Residential/ Coachman Ridge , Neighborhood Overlay District (LDR/CRNCOD) and Low Medium Density Residential/Coachman Ridge Neighborhood Conservation' Overlay District (LMDR/ CRNCOD) Section'2. The City Manager or designee is directed to revise the zoning atlas of the City in accordance, with the.foregoing amendment. Section 3. This ordinance shall take effect on September 17, 2001. PASSED,ON FIRST READING August 16, 2001. PASSED ON-SECOND AND FINAL READING AND ADOPTED Brian J. Aungst Mayor-Commissioner Approved as to form: Attest: Leslie K. Dougall- id s Cynthia E. Goudeau Assistant City Attor y City Clerk 2 Ordlnance No. 6824-01 CDB Meeting 7-17-01 ' ATTACHMENT r' Exhibit iW' Tract A I, Coachman Ridge Subdivision, according to the map or plat thereof as recorded in Plat Book 83, pages 62 tluough 64, of the Public Records of Pinellas County, Florida; LESS and EXCEPT the following described tract: A part of the Lot 145A as shown on the Plat of Coachman Ridge, Tract A.1 as recorded in Plat Book 83, pages 62, 63 and 64 of the Public Records of Pinellas County, Florida, being more particularly described as follows:. Begin at the most northwesterly corner of Lot 145A as shown on said Plat of Coachman Ridge, Tract A I and go S 81° 32' 09" E; 50.22 feet, along the North boundary of said Flat ,and Lot 145A; thence S 56° 57' 09" E, 56.00 feet,• along said North boundary; thence S 08° 56' 51" E, 60.55 feet, along'the easterly boundary of said Lot 145A; thence'S 881 54' 58" W,.111.49 feet, to a point on the westerly boundary of said Lot .145A; thence. N 03°• 07' 13" E,•,100.00 feet, along said westerly boundary to 'the P.O.B.; And that par; of said Lot 145A described as follows:, Commence' at 'the most northwesterly corner of said Lot 145A and go S 03° 07' 13" W, 100.00 feet, along the > westerly boundary of said Lot 145A to the P.O.B.; thence N. 88° 54' 58" E,'1.00 feet; thence S 03° 07' 13" W, 77.15 feet, to. a point on the southwesterly boundary of said Lot 145A; thence N 22° 38' 29" W, 2.30 feet,'along said southwesterly boundary to a point on the westerly boundary of said Lot 145A; thence N 03° 07' 13" E-, 75.00 feet, along said westerly boundary to the P.U.B.; AND Tract A II, Coachman Ridge, Subdivision, ' according to,the.map or•plat thereof as recorded in,Plat Book 85, pages 57 and 58 of the Public Records of Pinellas County; Florida; AND Tract A III, Coachman Ridge Subdivision, according to the map or plat thereof as recorded in Plat Book 88, page 73 of, the Public Records of Pinellas County, Florida. Exhibit "A" . Ordinance No. 6324-01 Exhibit "Bl iyl'A.+? p uuirttcti :. '• 'l, :.t ,?', . .?` •'i'1.1;';i ;. ?`1" 174' ,,; i!. l,f JA 0 ?• • ....J „"'?`C•..: 's ..} LD I la,',I: 1 ]+fD15 3.1?r iTATr' F:3 t C64 LEIR Ill yJ .V 7S :' s`• ,•, Li; .f, 'i. .. ??• 141,f, 14(v . ?,v 6R C s7/G1f 117 tlACE1AN sl :.. ri x X77 _ ?' •? raA{1 A + ;?.` f.i' y?1' ,.' • r1 T.tn .a. `?i ,F tag.. i al 146 CCURT N5 '". MIDGE' co?C qf li NQfA ,u'.. r ' • ___ ---ill F33tA?!'r;lLiCB ? E eur?t?i rrn •TRACT"? F57.'ADU,'6'1+-7 +/0 CO " a "r I , I .? -1. .. 1 iae'.-' 4 7N 7[ VI ; !] 0.5'r71 1 «Ilff 3 ] 7 11 lie EMISMITT A m b 3 ter I •5 13e (?l It ?s ''. ,• :51 E,1?.r•-.R.J 7sN :551 30 73 ISt ,..;... { a7D1 )51 .? ! „ ,••+,7 ?•,_ ,rn 56, it rar.=.OAC AN „RIDGE \??' :?? :z! w 1` ,ea n rs r '? ..11 " r ,rY w.? wN ,{ 1, MN n 1 32 _ TU AP'1. A- 111 +y ri 'rw ,?)? 1 M/L Mil ' 1? aA ?;;?:? t,l _ .. • Ira 5: y "rr y '+r 755 Er'+.+? / 4 w-1 .Ir ,.N )4 ): , I.. wr. S6 It 33 ?w//:::? .. j 7 7,F 'wrY % i88-7,? , \ IA :t7 130 ,• a59 ,',+ wN I , 1 +r+ Mi/ 54 • war . 11,x'11 ?m??jj? IM1e •r., , ?+ 777 ` 3 +•f ?.? I lan'S r+ r.• 71 59 .f ,.,; ?,lt7h;." .`` ryi/ /+ 1:] a-_ + +:? .,r• ,or 4f a S d?] ? rri ,su y 57 wr. ? wn 55 t '+?"'i+?:,?:.•r+f..i.''?*70 / ?? `` ?? ,Y "S' 't "''+`. rSSyN :0 60 :.i?: +,.. ,-.t1' /.' ::7 '1•/•11 "G 1? ?. in qa te7 .>.. wT. J ,5 K N M0 -•yA{. ,? / ?. \• / Y._ 1'i/ SI 69 •1 ?? .1w wl1 •.., 1 IJ '??r?'`'?"-' \ C,1 +'+' ? '??s 7O .1Q :mss ??ti?y 2H 177'Y? 1 ,1 ? .ai` rN,6 S, ,/l. ', ??••, 77 ?' \ /Y ??'• 1slA eewu ,e r e} 17 1I?....1;y GQ r (yr ti., r q xx ! i ,?., Y+'+. ?/ \ ``734 Ir5 ?' l •. 1, -40 r ,.? ,7 ? • It/04 }.}e .; I, ?Ory\ +.,.8] I '?i ?` .`may }'L\f\E7 Alra/e 'w. fe ?1 1 fr•'dA?" ,7/ -!/ 1]}\l? ?a .r` R ?r ?/ e5) ?G rr•? rM1 t9 T'?N?/ E4 .e `I f(,Nr ]9 tw.:. Ir. ( 77?, M1 { ! •Iz y = 4? y1,s fir'' es 4•f [/,, 5 't ,7! ,' '!•". Tr ,: t77 'r 71 `?+~?• NIT 1'19° .°s -C. , \ Ir7 * 9e y /;J? i}•? .r 177 1:0 ? , " •?`\ 1? ` TINT L01.7C OIIM1,[ A' IIN, y y' ?'O` 97 r., Tt \?1+ // 7 ?. : ~,'•? r0] I,e / s'f °7 ,rYl, w + A `Ary 6 ? ? ,79 - ? le.? re} :or 197 ? '„?\ / los lY•.+ `'a +????s,/ +w. r„ u7 res •i ??., ?\ ? 'rue b °D `'=/" ~},c? >/? ?°. '? V'.??7`????, //'/ ? ... . % V ItiI ` i4' „7 1pV'/ =.+,1+1 +C7 74\??`` rtfw. COACHMAN RIDGE PARK ? lea 6,?+ ?+,97 '•p ? t>` \ 97 ? •. r. Y+,.i ,. „./_•..r 7,/07 ?? fires y/ \41\^--?/ =,y'a?? q'/ y JN ' CO Phu SSMC' J.l[?t"' ' 7j \ l91 197 !+,3 I 154 11 M r J S - i , op I lv IT SY/ ?• 71 7 y 1 ?~? IA IS + 1 PROPOSED ZONING CLASSIFICATION Coachman Ridge Neighborhood 1 CASE z o,-°6-°2--'- . ATLAS ' 1.AG5 A ? r?c263A, 2638, 2728 Conservation Overlay District -272 -"-- s PROPERTY 512E (ACAE3): 159± (CRNCOD) ahAk /)L .ORDINANCE NO. 6826-01 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING CHAPTER 2, ADMINISTRATION, ARTICLE V, EMPLOYEE BENEFITS, DIVISION 3, EMPLOYEES' PENSION PLAN, OF THE CODE -OF ORDINANCES OF THE CITY OF CLEARWATER; AMENDING SECTION 2.397, BENEFITS UNDER THE PLAN; AMENDING SECTION 2.398, TIME AND MANNER OF BENEFIT PAYMENTS; PROVIDING FOR SEVERABiLITY; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Ordinance No. 6494-00 was adopted by the City Commission and approved by.referendum of the electorate on March 14, 2000, which ordinance amended the City of Clearwater Employees' Pension Plan; and WHEREAS, a portion of Ordinance 6494-00, providing for a cost-of-living'. adjustment, was inadvertently omitted from the codification of this ordinance; and WHEREAS, Ordinance No., 6563-00 was adopted by the City Commission on June 15, 2000 to comply with.Chapter 99-01, Laws of Florida, and certain technical corrections', to the ordinance are necessary to clarify the compliance with the state legislation to limit certain changes to only police officer and firefighter participants; and WHEREAS, the City Commission desires to make the necessary corrections to the Employees' Pension Plan; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA, THAT: Section 1. Chapter 2, Administration, Article V, Employee Benefits, Division 3, Employees' Pension Plan, of the Code of Ordinances of the City of Clearwater is hereby amended by amending Section 2.397, Benefits 'under the plan, to add subsection (f), Cost- of-living adjustment, as follows and to renumber subsections (f) and (g) as subsections (g) and (h), respectively: (a)(1) c, 1. The amount of the disability benefit to which a participant is entitled under paragraph (c) of section 2,397 shall commence as of the end of the month that next follows the later of (1) the month in which a determination is made as to the participant's disability or (2) the month in which the participant terminates employment, continuing as of the last day of each month thereafter during his lifetime and the lifetime of his beneficiary, Ordinance 6826-01 Section 2. Chapter 2, Administration, Article V, Employee Benefits, Division 3, Employees' Pension Plan, of the Code of Ordinances of the City of Clearwater is hereby amended by amending Section 2.398, Time and manner of benefit payments, subsection (a)(1)c.1. and subsection (b)(2)a,3., to read as follows: if anYWith respect to police officer and . firefi hter yarticipanti 120 payments shall be guaranteed in any event; (b)(2) a, 3. Monthly income payments for the life of the participant and, '. after his death, a survivor annuity payable for the life of the, participant's designated beneficiary equal to 100 percent, 75 percent, 66 213' percent (for police officer and firefighter participants only) or 50 percent of the amount payable to the.. participant. Police officer and firefighter participants shall be permitted to change his joint annuitant ' as provided for in 175,171, 175.333, 185.161 and 185.341. Section 3. If any provision -of this ordinance orany pollcy or order thereunder of the application, of such provision to, any person or circumstances shall be held invalid, the remainder of this ordinance and the application of such provision of this ordinance or of such. policy or order to persons or circumstances other than those to which it is held invalid shall not, be affected thereby. Section 4. All Ordinances or parts of Ordinances in conflict herewith be and,the same are hereby repealed. Section 5. This ordinance shall become effective upon adoption except that Section 1 of this ordinance shall be effective' retroactively to April 1, 2000 and Section 2 of this ordinance shall be effective retroactively to December 31, 1999,. PASSED ON FIRST READING August 26, 2001 i PASSED ON SECOND. AND FINAL READING AND ADOPTED Brian J. Aungst. Mayor-Commissioner Approved as to form: Attest: 1 n ' Leslie K. Dougall-Si' s Cynthia E. Goudeau Assistant City Attorney City Clerk ordinance 6826-01 2 ORDINANCE NO. 6829-01 1 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE ' CITY, TO CHANGE THE . LAND USE, DESIGNATION FOR CERTAIN REAL PROPERTY LOCATED ON THE NORTHWEST CORNER OF THE INTERSECTION OF DREW STREET AND HAMPTON ROAD, APPROXIMATELY 420 FEET EAST OF FAIRWOOD AVENUE, CONSISTING OF A PORTION OF SECTION 8, TOWNSHIP 29 SOUTH, RANGE 16 EAST, M&B 34.04, WHOSE POST OFFICE ADDRESS IS 2780 DREW STREET, FROM RESIDENTIAL MEDIUM TO RECREATION/OPEN SPACE; 'PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property as follows: Property Land Use Category See attached Exhibit A From: Residential Medium (LUZ 01,-04-05) To: Recreation/Open Space Section 2. The City Commission does hereby certify that this ordinance is consistent with the City's comprehensive plan. Section 3. This ordinance shall take effect immediately upon adoption, subject to the approval of the land use designation by the Pinellas County Board of County Commissioners, and subject to a determination by the State of Florida, as appropriate, of compliance with the applicable requirements of the Local Government Comprehensive Planning and Land Development Regulation Act, pursuant to § 163.3189, Florida Statutes. The Administrator of Planning and Development Services is authorized to transmit to the Pinellas County Planning Council an application to amend the Countywide Plan in order to achieve consistency with the Future Land Use Plan Element of the City's Comprehensive Plan as amended by this ordinance. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED A oved as f rm• 10 Leslie K. Douga - ides Assistant City Attorney August 16, 2001 Brian J. Aungst Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk Ordinance No, 6829-01 ks, *006 f 1 ' I , ' ' i F•, y M • S0tl ?i ii --------------- --------- -------^ ; , j ? .00 1 ? ;a/GZ , ff r j ; 1 r ' ? i .ru ; Cy?ivo ~ 1 J r Jlv ?? ? L JJO .1 Ito f ?? ? ? atlo so 1 1' ------------- .. ?.. 500 x /? Jr, '", "•? x,15 "??fiL ., ? ? rrJ ? rt ATE, / 1!/ ...... -- ' OJ Zvi rvr I., MDR ??qtk/ VILLAGE NURSING HOME .? ,?asaasasaswfsaaas?fafaaf G r PARKVIEW RETIREMENT RESIDENCE h m d? 1 1 + ?,yr 'THE GRARO?" i ?.• r? RES?VE ;r'?r"be u Art= ''• r 0 Ss/Cq r r OS/R EISENNCWER ELEMENTARY SCHOOL w ? e ¦ h ¦ ¦ h oV •aafa•aa a 0 la0 af?4 Nuwaf¦fIf STREET R R ? :65 rv +~ 285 YR T ?F a f , ? + V 1 1 1 1 r 1 + tl_ff I! NOT A " SURVEY ?-; ------------------- P a3/Qt WELLING APARTM MDR e Y - i9' H• In. [. INS 1. iCr? - ••-. {f{ DREW n rv rv rv f? n rv r. N 2E9 leg I / iY N N (v N f C' ` x TT11N1DA0 Al Zq3 ? ? 270 c; f; ° .°, n° ° n Iw 24z, Z7i mr ? 2af ? °' „ r- '? n n n 4 23 `?' :72 =' „ n ,? ; •7 240 Q_ C 239 X237 loo L??' /L /.h/? iD 239 J LOT 1 t2/t)1 3 ?? 7 t2 77 tq/ 6 13 107 a S 14 rT? \ 102 p? 2 2: 211 1{1 113 19 17 16 15 _ 61 23 4?l tyS IG1 Ordinance No, 6B29-01 R/os lh. ? tines. \./?. ® w' r''r?vao pl' wrF R31. INs, I tit RM v.l.-•v v„ • nirE w s t RE CC • I4 RLM R1{ R/OG Qr p c T/U ae R/OC '""'"• "" a COUNTYWIDE FUTURE LAND USE PLAN MAC' NAME: CITY OF CLEARWATER 2780 DREW,STREET PLAN DESIGNATION: RECREATION/OPEN SPACE ATLAS PAGE: 282A SEC. 08 TWP: 29S RGE: I6E . COMMUNITY DEVEL PNIENT BOARD: Jul 17, 2001 Ordinance NO. 6829--01 n ORDINANCE NO. 683"1 AN ORDINANCE OF .THE CITY OF CLEARWATER,.FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY REZONING CERTAIN PROPERTY LOCATED ON THE NORTHWEST CORNER OF THE INTERSECTION OF, DREW STREET AND HAMPTON ROAD, APPROXIMATELY 420 FEET EAST OF FAIRWOOD AVENUE, CONSISTING OF A PORTION OF SECTION 8, TOWNSHIP 29 SOUTH, RANGE 16 EAST, M&B 34.04, WHOSE POST OFFICE ADDRESS IS 2780 DREW STREET, FROM MEDIUM DENSITY RESIDENTIAL (MDR) TO OPEN SPACE/RECREATION (OS1R); 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 CITYOF CLEARWATER, FLORIDA: Section 1. The following described property in Clearwater; Florida, is hereby rezoned, and the zoning atlas of the City is amended as follows: Pra a Zoning District See attached Exhibit A From: Medium Density Residential (MDR) (LUZ 01-04-05) To: Open Space/Recreation (OSIR) Section 2. The Planning and. Development Services Administrator is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, subject to the approval of the land use designation set forth in Ordinance 6829-01 by the Pinellas County Board of County Commissioners, and'subject to a determination by the State of Florida,as appropriate, of compliance with the applicable requirements of the Local Government Comprehensive Planning and Land Development Regulation Act, pursuant to §163.3189, Florida Statutes. PASSED ON FIRST READING August 16, 2001 PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Leslie K. Dougall-Si s Assistant City Attorney Brian J. Aungst Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk Ordinance No. 6830-01 1 l' ' EXHIBIT "A'? Legal. Description LUZ 01=04-05 The North 466.76 . feet of: South . 516.77 feet of East 466.76 feet of the: Southeast A of the Southwest %' .of Section ,8,'. Township '29 - South, Range 16 East,, 'situated In Pinellas, County, Florlda. Ordinance No, 683001 RM B?'-2?1 :,* "r `» Ut tl, C?,y a r c# ;; r r -------------------------- .f Ie! -------------------- r ? • ? r ? ..v? 1 w ? fIO ; r MDR ? 1 ' f!U ' ` r`00 Ila - - - -C t ? ? I• ' 4• ?? Iw G IV ' rItl ? q PARKVIEW RETIREMENT -------------- RESIDENCE ONE1r 7a ru ?o -'T1- i' ?. ; ^,', fin. •,` " THE GRA` RE VE --- - ! qU^- _19 18 rtrs 1s Nor ? ? suhv[Y • - ------------- N DREW VILLAGE I NURSING HOME EISENHOWER sa¦ar;..rrrrarrr+tarrr ELEMENTARY SCHOOL 34/04 OS/R 9 ieaareaaae 54AfET 43/01 WELLINC APARTMI MDR Gtw ?7 1 t KRMU0A ........... . i6 N rf r•r N rv 11 a1 n N N N r N 246 - 2a$ i M i - N n n ; ' ,v 244 774 c??i F, n ^ ?i ° ?!1 0 .! 14c 271 m (V 241 .. .... .. ...... -7i n rt .. n ti r, ,.T '+ n ry +d ...... Owuyp t 239 Z: ., .... .... ?? to 239 LOT t t:/at 3 7? t2 . 70 tv. 103 66 ? 8 t3 71 14 5s 5 ?7x T 102 15 10 23 27. 21.0 19 19 17 i6 ?5__" JJ 7: L'S 4' ?, ACE .. I i ` __ t c PROPOSED REZONING AND LAND USE PLAN AMENDMENT OWNER: City of Clearwater, Parks & Recreation, Art Kader I CASE LUZ 01-04-05 SITE: 2780. Drew Street ? PROPERTY SIZE (ACRES): 5.0 ZONING LAND USE PIN: 00129110l444001940l0404 FROM: MDR Rost4antlal Medium To! 09 ! R R ! OS ATLAS 202A e PAGE: er Ordinance No. 6830-01 ,r caw. ? R/OS ? [\VY ll.. r.? is ®? L EMI/ i ?," ""oco ,L4C f ?.? . w RN INS RI! HU ' Ow Mw STR F 1 0 cc IL • ?J t RLM s RH R/OG T/u n R/ac w .K. ° aG ?i COUNTYNVIDE FUTURE LAND USE PLAN MAP NAME: CITY OF CLEARWATER 2750 DREW STREET PLAN DESIGNATION: RECREATION/OPEN SPACE ATLAS PAGE: 282A SEC: 08 TWP: 29S • RGE:'16E COMMUNITY DEVELQPNIENT BOARD: .Tiny 17, 2001 Ordinance NO..6830-01 IS ORDINANCE NO. 6831-01 AN ;ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY. REZONING CERTAIN PROPERTY LOCATED ON THE NORTHWEST CORNER OF THE INTERSECTION OF LOVING LANE AND CROSS CIRCLE, APPROXIMATELY 650 FEET SOUTH OF GULF TO BAY BOULEVARD, CONSISTING OF A PORTION OF SECTION 17, TOWNSHIP 29 SOUTH, RANGE 16 EAST (BAYSiDE' NURSING PAVILION), WHOSE POST OFFICE ADDRESS IS 2855 GULF TO BAY BOULEVARD, FROM MEDIUM bENSITY RESIDENTIAL- (MDR) TO MEDIUM HIGH DENSITY RESIDENTIAL (MHDR); 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: I Section 1. The following described property in Clearwater, Florida, is hereby rezoned, and the zoning atlas of the City is amended as follows: Property Zoning District See attached Exhibit A 'From: Medium Density. Residential (MDR) (Z 01-05-01) To: Medium High Density Residential (MHDR) Section 2. The Planning and Development Services Administrator 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 August 16, 2001 PASSED ON SECOND AND FINAL READING AND ADOPTED Brian. J. Aungst Mayor-Commissioner Approved as to form: Attest: Leslie K. Dougail-Si s Cynthia E. Goudeau Assistant City Attorney City Clerk Ordinance No. 6831.09 i LEGAL 'DESCRIPTION; A 'tract: of.,lanG lying within Section' 17, .Township 29 South, Range •16 , East, Pinellas County, Florida and being more particularly described as follows: Commence • dt the' Northwest corner of Black 2 of A Resub Of Baskin's Replot,,,as, recorded in Plat- Book 24'0 Page 42 of the Public Records of Pinellas County, Florida; thence .along the West fine. of said Baskin's Replay, 500'13'59"E, for 399.07 feet; thence S39 .01'06"E, for 356.56 feet along , the Southwesterly line' of said replot to the POINT OF BEGINNING; thence leaving said line N62'09'34"E, `far 88.09 feet;.- thence S23'27'38"E, for 34.80 feet; thence N65`46'35"E, .for 25.55 feet; thence 527'46'45"E, for 13.51 feet; thence N82"16'09"E, for 1.12.08 feet; thence N42'07'22"E, for 113.46 feet; thence 527'02'41"E, for 181.44 feet; thence S31'09'17"£, for 141.97 feet; thence 54-2'12'55"E,' for 67.34 feet; thence S39"1.1'48"W, for 22.26 '.feet; thence S61'21'53"W,. for 4.55 feet; thence S50'45'48"W, for 154.86 feet; thence S13'41'04"W, for 21.51 feet; thence- S34'14'53"E,' for 40.00 feet; thence S50'58'50"W, for 52.16 'feet to 'a point on the Southwesterly line -of said Baskin's Rep.lat; thence along said line t N39'01'06"W,' for 553.69 feet;' to . the POINT 'OF BEGINNING; Containing ' 2.71 acres more or less. EXHIBIT "A" I 71? B AS KILNS ... I ?awlllal?l L TATION (5) #4911 a 0 m 5.ola rl? Q StrlttOn s 52.4 }- Fire Education ",L Bitlt' %T17IV) •60 ;Y S.7S ? 5 65? ,? .-. 4 3 I 3ru 7 IrL -_, ?, REPLAY,- _ I Z5 =4 ... I r ---------- 2 6 nsm 23 r r 1T y RESU$: 3G . ,a 21 + 1 4 1 1 + z. ,?,. r' i1 66 60 GA?pEN i IC, l ,h p*-- 0' 37 I + 7 - -gip ab?? ?e0 61 5g + sw?r 0r?01*1<ii11 ?`? `24 -4 Gt a? \ 00 0 .. , ?' r j '? BQysidC 0 co 63 JC I ',` '\ ti?r?mg ?0 '35 + ?/~ 64 U Pu'nliCn I i 143 C' 110P 141 , dg' 57 142ti a' ,, ,?,?? ?.??t, BASKINS Et>L' AT J' Z31^ sa0 137 229 138 135 24-42 .• 2 331 \ 228 \ `? 136 133 55 54 25\,/134 . 7.31 ?0 ?. Oor ' S 2G56 - FOR?5. 47- r, 50 330. 327 i '23 129 '. [ 224 `. .i r r r 431/<2-3 _ 22 30 q 127 , --• . r r ` 432 429?.Z? 0 \ ?. ?j17.$ 125 ?l,l + / 430 ?Firl llil » 321 218?1 RFI.126 12 ] ? 42p X 425 19 36?4y 2i\ 124 A X 121 52 .53 ? ?.ZF •123320? 3 122 \;. ae r. t > ,!3 2 4 `? a 21 /318'` 315 212 s 120 ? 117, I 317/` 214 213 ?\GR r 419 31£?C 1 204'0/ a17 3142a7 ??418 < 415 31 2 1 8 /?a5 , ! D 416,, 413 310 309 06 -"203 111.3 411 307 04 ? ?T 0Gs 3o5 zoz ?4 9. \ i ' 1 r PROPOSED REZONING 3 OWNER: Morton Plant Mease Life Services, Inc. CASE Z 01-05-01 ` SITE: 2855 Gulf 1o Bay Boulevard I PROPERTY SIZE (ACRES): 2.71 ZONING s ' 'FROM: Medium Donslly Roeldontlal (MDR) _ + Madlum Hiph Density Residenital WHDR) ATLAS 300E v TO: PAGE: Ordinance No. 6831-01 ORDINANCE NO. 6832-01 AN 'ORDINANCE OF THE CITY. OF CLEARWATER, FLORIDA, RELATING TO THE CLEARWATER MARINA BUILDING; CREATING SECTION 33.006, CODE OF ORDINANCES, CLEARWATER MARINA BUILDING LEASES, TO AUTHORIZE THE CITY MANAGER TO APPROVE LEASES OF SPACE IN THE CLEARWATER MARINA BUILDING SUBJECT TO CERTAIN,CONDITIONS; REPEALING ORDINANCE 6796-01; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Commission has debated for the past decade the delegation of the authority to lease space at th6 Clearwater Marina building to the City Manager; and WHEREAS, the 'delegation discussed was for lease terms of three years per tenancy; and WHEREAS, the final determination on the delegation is unclear in the record; WHEREAS, Ordinance 6796-01 is repealed and replaced by this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OFF CLEARWATER, FLORIDA: Section 1. Section 33.006, Code of Ordinances, is hereby created to read as follows: Sec. 33.006. Clearwater Marina Building Leases. The city manager is authorized to approve and.execute on behalf of the city all Clearwater Marina building leases, except as provided herein, subject to the following conditions and limitations; (1) Term. The maximum term of any lease shall be three years, with an additional two year option, giving a five year total term if approved by the City Manager. (2) Rental rates. Rental rates shall be generally consistent with the rates for commercial space 'on Clearwater Beach, and with the rates historically earned by spaces in the Marina. Rental rates may include a flat rate, a percentage of gross revenues, or a combination thereof. The rental of a space for a fiat rate or a percentage of gross revenues,. or combination thereof, less than one hundred (100) percent of that paid by -the prior lessee shall require the approval of the city commission. 1 Ordinance No.6832-01 i (3) Rental payments; deposits. Each lease shall provide that rent shall be paid on the f rst'.day of each month and shall be delinquent if not paid on or before the fifth day of the month. Delinquent payments shall bear interest at a rate determined by the City Manager, plus a late charge of $10,00. At the commencement of each lease, the lessee shall pay the first month's rent and a.security deposit in an amount equal to one month's rent to secure the faithful performance of the lessee's obligations, which deposit may be used to? pay for damage to the premises or any other lawful purpose. At the end of the term of the lease, the deposit amount or balance thereof, if any, shall be credited to the lessee's last monthly rental payment. The lessee shall not be entitled to interest earned on the deposit. (4) Use of premises. The premises shall be used only for lawful and proper purposes, and the purposes'shall be., specified in the lease agreement," (5) Assignment. The lessee shall not assign, sublease, mortgage, pledge, or hypothecate the premises, the lease agreement, or any rights thereunder without the prior written consent of the city manager. (6) Taxes and utility services. The lessee shall promptly pay all taxes levied against the premises or. the leasehold interest therein, and all charges for utility services, including but not limited to electricity, water, sewer, telephone, and cable television. (7) Improvements. The lessee may be required to perform improvements to the premises at lessee's cost, subject to approval of the city manager, as may be agreed by the parties. (8) Signs. All signs shall comply with the sign code requirements of the city, and shall be subject to the approval of the city manager, who may delegate the authority to approve signs to the harbormaster. (9) Insurance, hold-harmless, and indemnification. 'The lease agreement shall require the lessee to obtain liability insurance, with the city named as an additional insured, and to agree to indemnify and save the city harmless from liability for damage. to property and injury to persons resulting from or in connection with the lessee's use and . occupancy of the premises, other than liability arising from the city's own negligence. (a) Without limiting the generality of the.foregoing, the lessee shall indemnify and save the city harmless from any mechanic's liens or other claims which may arise from improvements to the premises, and shall require any contractor performing improvements to the premises to furnish a performance and payment bond assuring the completion of the. improvements and the payment of subcontractors and material suppliers. 2 Ordinance No.6832-01 . (b) The minimum insurance, hold-harmless and indemnification requirements shall be in accordance with the latest version of the. city's risk management guide. (10) Other provisions. The lease agreement may 'contain such other provisions as are customary in a commercial lease, agreement'or which are determined advisable by'the city manager, as agreed upon by the parties. The inclusion of certain provisions in this section shall not be deemed to exclude other provisions, not inconsistent with this section, to which the parties may agree. (11) Form of standard lease agreement. The city manager shall develop the ' form of a standard lease agreement, which shall be used in negotiating the lease of spaces in the Marina building. Except for those•provisions, which are required by this section,' the city charter, or Florida law, the standard lease agreement shall be subject to negotiation in each case. -Section 2. Existing leases. Nothing herein shall be 'construed to impair any lease agreement for space in the Clearwater Marina building 'in existence on the effective date of this ordinance, during the term of such lease agreement. Upon the expiration of such lease agreements, the city manager is authorized to approve and execute on behalf of the city new leases, subject to the conditions and limitations set forth herein. Section 3. Ordinance 679601 adopted on-June 21, 2001 is hereby repealed. PASSED ON FIRST READING August 16,_ 2001 PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst Mayor-Commissioner Approved as to form: Attest: J Carassas Cynthia E. Goudeau ' Assistant City Attorney City Clerk 3 Ordinance No.6832-01 . I e a. N. t 1 ? - 1 ORDINANCE NO. 6796-01 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO THE CLEARWATER MARINA BUILDING; AUTHORIZING THE CITY - MANAGER TO APPROVE LEASES OF SPACE IN THE CLEARWATER MARINA BUILDING SUBJECT TO CERTAIN CONDITIONS;' PROVIDING AN EFFECTIVE DATE. WHEREAS, the Commission ' has debated for the past decade the delegation of. the authority to lease space at the Clearwater Marina building to the City Manager; and WHEREAS, the delegation discussed. was for lease terms of three . years per tenancy; and WHEREAS, 'the final determination on the delegation is unclear in the record; BE IT ORDAINED BY THE CITY COMMISSION OF' THE CITY OF CLEARWATER, FLORIDA: Section 1. Leases of space in Clearwater Marina Building. The city manager is authorized to approve and execute on behalf of the city leases of space in the Clearwater Marina building (the Marina),.'except as provided herein, subject to the following conditions and limitations; (1) Term. The maximum term of any lease shall be three years. No lease agreement shall contain an "automatic extension" of the term in any form. The extension or renewal of a lease shall require a new lease agreement. (2) Rental rates. Rental rates shall be generally consistent with the rates for commercial space on Clearwater Beach, and with the rates historically earned by spaces in the Marina. Rental rates may include a flat rate, a percentage of gross revenues, or a combination thereof. The rental of a space for a flat rate or a percentage of gross revenues, or combination thereof, less than one hundred (100) percent of that paid by' the prior lessee shall. require the approval of the city commission. (3) Rental payments,,. deposits. Each lease shall provide that rentals shall be paid on the first day of each month and shall be delinquent if not paid on or before the fifth day of the month. Delinquent payments shall bear interest-at the rate of 14 percent per annum until paid, plus a late charge of $10.00. At the commencement of each lease, Ordinance No. 6796-01 the lessee shall pay the first month's rent and a security deposit in an amount equal to one month's rent to secure the faithful performance of the lessee's obligations, which deposit may be used to pay for damage to the premises or any other lawful purpose. At the end of.the term of the lease, the deposit amount or balance thereof, if any, shall be credited to the lessee's last monthly rental payment. The lessee shall not be entitled to interest earned on the deposit. (4) Use of premises. The premises shall be used only for lawful and proper purposes;"and the purposes shall be specified in the lease agreement. (5) . Assignment. The' lessee shall not assign, sublease, mortgage, pledge, or hypothecate the premises, the lease agreement, or any rights thereunder without the prior written consent of the city manager. (6) Taxes and utility services. The lessee shall promptly pay,ail taxes levied against the premises or the leasehold interest therein, and all charges for utility services, including but not limited to electricity, Water, sewer, telephone, and cable television. (7) Improvements.' The lessee may be required to perform improvements to the premises at lessee's cost, subject to approval of the city manager, as may be agreed by the. parties. (8) Signs. All signs shall comply with the sign code requirements of the city, and shall be subject to the approval of the city manager, who may delegate the authority to' .approve signs to the harbormaster. (9) Insurance, hold-harmless, and indemnification. The lease agreement shall require the lessee to obtain liability insurance, with the city named as an additional. insured, and to agree to indemnify and save the city harmless from liability for damage to property and injury to persons resulting from or in connection with the lessee's use and occupancy of the premises, other than liability arising from the city's own negligence. (a) Without limiting the generality of the foregoing, the lessee shall indemnify and save the city harmless from any mechanic's liens or other claims which may arise from improvements to .the premises, and shall require any contractor performing improvements to the premises to furnish 'a performance and payment bond assuring the completion of the improvements and the payment of subcontractors and material suppliers. (b) The minimum insurance, hold-harmless and indemnification requirements shall be in accordance with the latest version of the city's risk management guide. (10) . Required provisions. The lease agreement shall include a recapture or reverter clause in favor of. the city, as required by the city charter; a radon gas notice, as 2 Ordinance No.6796-01 required,. by Florida, law; and any other clauses or notices required by law or the city charter, (11) Other provisions. The lease agreement may contain 'such other provisions as are customary in-a commercial lease agreement or which are determined advisable by the city manager, as agreed upon by the'parties, 7he inclusion of certain provisions in this section shall not be deemed to exclude other provisions, not inconsistent with this section, to which the parties may agree. (12) Form of standard lease agreement, The city manager shall develop the form of a standard lease agreement, which shall be used in negotiating the lease of spaces in the Marina. Except for those provisions, which are required by this section, the'city charter, or Florida law, the standard lease agreement shall be subject to negotiation in each case, (13) Exception.. This section shall not authorize the leasing of the space. in the Marina occ0pied by the United States Postal Service as of the date of adoption of this ordinance except upon the approval of the city commission. Section 2. Existing leases: Nothing herein shall be construed to impair any lease agreement for space. in the Clearwater Marina building in existence on the effective date of .this ordinance, during the term of such lease agreement,, Upon the expiration of such lease agreements, the city manager'is authorized to approve and execute. on behalf of the city new leases, subject to the conditions and limitations set forth herein. Section 3. Codification. The codification of this ordinance in the city code of ordinances is hereby authorized and directed. Section 4. Effective date. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING June 7, 2001 PASSED ON SECOND AND FINAL. .ru 21 2001 READING AND ADOPTED Approved 'as to formf : Jane C. Hayman Assistant City Attorney Brian J. Aungst // Mayor-Commissi ner Attest: C n is E. Goudeau C ,lerk ' 3 Ordinance No.6796-01. ?o • 7 a"?R I '7 ORDINANCE NO. 6833-01 AN ORDINANCE OF THE CITY OF. CLEARWATER, FLORIDA; TO VACATE THREE PORTIONS OF. FIRST AVENUE WEST, STREET RIGHT-OF-WAY:. THE 60 FOOT RIGHT--OF-WAY LOCATED BETWEEN THE SOUTHERLY RIGHT-OF-WAY LINE OF MCLENNAN STREET AND THE NORTHERLY, RIGHT-OF-WAY LINE OF BELLEVIEW BOULEVARD; THE 30 FOOT RIGHT-OF-WAY LOCATED BETWEEN THE SOUTHERLY RiGH T -OF-WAY LINE OF BELLEVIEW BOULEVARD AND THE NORTHERLY RIGHT- OF-WAY LINE OF WILDWOOD WAY; AND THE 30 FOOT' RIGHT-OF-WAY LOCATED BETWEEN THE SOUTHERLY RIGHT-OF-WAY LINE OF WILDWOOD WAY AND THE NORTHERLY RIGHT-OF-WAY LINE OF 'WOODLAWN STREET; SUBJECT, TO A DRAINAGE AND UTILITY EASEMENT WHICH IS RETAINED OVER THE FULL WIDTH THEREOF; PROVIDING AN EFFECTIVE DATE. WHEREAS, City of Cleannrater, owner of real property located in the City of Clearwater, has requested that the City vacate the right-of-way depicted in Exhibit A attached hereto; and WHEREAS, the City Commission finds that said right-of-way is not necessary for municipal use and it is deemed to be to the best interest of the City and the general public that the same be vacated; now, therefore, BE. IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following: Three portions of First Avenue West street right-of-way: the 60 foot right-of-way located between 'the Southerly right-of-way line of McLennan Street and the Northerly right-of-way line of Belleview Boulevard; the 30 foot right-of-way located between the Southerly right-of-way line of Belleview Boulevard and the Northerly right-of-way- line of Wildwood Way; and the 30 foot right-ot way located between the Southerly right-of-way line of Wildwood Way and the Northerly right-of-way line of Woodlawn Street. is hereby vacated, closed and released, and the City of Clearwater releases all of its right, title and interest thereto, except that the City of Clearwater hereby retains, a drainage and utility easement over the described property for the installation and maintenance of any and all public utilities thereon. Ordinance No. 6833-41 EXHIBIT "A" Sco/e 1 = 200 This is not c survey I d cc 2 MC LENNAN W=AN P.wc STREET 66 1Q? 43 Righ t Of Way Vacation Requested z By City ---? 60 O T" La SELLEVIEW BOULEVARD IF 60 -1 H B.H. 1ST ADD 5--98 WILDWOOD w US 60 Righ t Of Way Vacation Requested By City WAY jjlGfg,WDS I6r9B O STREET 60 60 w N 46 d a CITY OF CLEARWATER, FLORIDA 172 PUBUC WORKS ADMINISTRATION ENGINEERING 1). KING VACATION REQUEST VAC20M -u 04rxan CITY OF CLEARWATER war -? &D. RIGHT OF WAY VACATION 2 °r a W R rsr-nr. wd 0711o/2oot FIRST AVENUE WEST zt-X95-tSE mm McLENNAN ST.-WOODLAWN ST. aa33-01 $BLLE AIR kfi ?l llVl r ORDINANCE NO. 6854-01 'AN ORDINANCE AMENDING ORDINANCE NO. 6675-01 OF THE CITY OF, CLEARWATER, FLORIDA, ENTITLED: "AN ORDINANCE PROVIDING FOR CITY OF CLEARWATER, FLORIDA, REVENUE BONDS (SPRING TRAINING FACILITY), SERIES 2001, TO BE ISSUED IN ONE OR MORE SERIES; PROVIDING FOR THE PAYMENT OF THE BONDS SOLELY FROM THE INTERLOCAL AGREEMENT PAYMENTS TO BE MADE BY PINELLAS. COUNTY, I. FLORIDA AND REVENUES TO BE RECEIVED BY THE CITY FROM THE STATE OF FLORIDA PURSUANT TO SECTION 288.1162, FLORIDA STATUTES; PROVIDING FOR THE . RIGHTS OF THE HOLDERS OF SUCH BONDS; MAKING CERTAIN OTHER COVENANTS AND AGREEMENTS IN CONNECTION THEREWITH; PROVIDING CERTAIN OTHER MATTERS IN CONNECTION THEREWITH; AND PROVIDING AN EFFECTIVE DATE," BY AMENDING SECTION 5 THEREOF AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: SECTION 1. AUTHORITY FOR THIS ORDINANCE. This Ordinance is enacted pursuant to Chapter 166, Part 11, Florida Statutes, the Charter of the City of Clearwater and other, applicable provisions of law. l SECTION 2. AMENDING ORDINANCE 6675-01. Section 5 of Ordinance 6675-01 is hereby amended to read as follows: Subject and pursuant to the provisions hereof and as shall be described in subsequent resolutions of the Issuer to be adopted prior to the issuance of the Bonds, obligations of the Issuer to be known as "Revenue Bonds (Spring Training Facility), Series 2001" are authorized to be.issued in one or more series. The aggregate principal amount of the Bonds which may be executed and delivered under this Ordinance is limited to a maximum principal amount of $15,500,000. SECTION 3. PUBLIC NOTICE. Notice of the proposed enactment of this Ordinance has been properly advertised in. a newspaper of general circulation in accordance with Chapter 166.041, Florida Statutes. q Ordinance 8854-01 1 "` fir, y ? ? ? C ? .? ? y U ? ? C L ?. ? ? ' a n s 4 CL 2 • d R ? ? yy. ?1 N Uf b ? ? •? i/J Q l ei a LE M-9 Ln irS ?14 ? p 1 N Lo lf ? r•"'? ? 8c?f i %n ? ^ 6 ? ^ QQ Qf ? ?7 7 N ii1 FN? V i Ul '1.'? 7 ?II 'r.' L ?A • ? O ? ?/? 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J IL Cleairevater City Final Agenda rtem'# Commission Meeting Agenda Cover Meeting pare: q14, d! Memorandum SUBJECT/RECOMMENDATION: Approve Grant Agreement and Work Plan with the State of Florida, Office of Tourism, Trade, and Economic Development (OT-123) for funding the assessment and remediation of Brownfields sites or areas in the amount of $111,000, and approve the reimbursement of an estimated $85,873.00 to Harbor Oaks Development, L.C. for Phase 11 Environmental Assessment, Lift Removals & Soil Remedafion Activities from this grant source, and that the appioprlate officials be authorized to execute some. SUMMARY: • On June 28, 2001 the City of Clearwater Economic Development Team entered into an agreement with the Executive Office of the Governor to receive $111,000 for the assessment and remedlation of Brownfields Sites or Areas designated pursuant to Section 376.80 (pending Commission approval). The Agreement had to'be executed within a one-week period due to time constraints Imposed by the State. • The-funding from this Agreement must be expended by December 15, 2001. • Harbor Oaks Development L.C. has requested assistance In the estimated amount of $85,873 to remove environmental Impediments from the property located at 601-613 South Fort Harrison Avenue, which is the site for a proposed Harbor Oaks Shopping Center, • This work includes the performance of a Phase ii Environmental Site Assessment, removal and disposal of 17 hydraulic lifts, and excavation and disposal of contaminated soils. This work can be completed prior to December 15, 2001. • The Harbor Oaks Shopping Center contains a proposed 27,877 SF Publix grocery store that will act as an anchor, 'as well as an additional 16,300 SF of retail space to be provided as a result of the project. • This project is projected to provide more than 210 new jobs, many of which will be accessible to residents of the Brownfields and Enterprise Zone areas, • The remaining amount of $25,127,00 will be utilized for other viable Economic Development/ Community Development projects prior to December 15, 2001. Reviewed by. Originating Dept: Costs 3851873.00 Legal Info Tech NA Eco. Dev. _ T Total 1%t, Ballo Budget Public Works A User Dc . Funding Source: Purchasing DCht1ACh Eco. D Qpliatlmprovemem Current Fiscal Year Risk %igmt NA Other l Attachments: aperaiins Grant oiher X State Brownfields Appropriations AHreremendScope of Work and Harbor Oaks Marketing Materials at City Clerks Department _ Appropriation Code: 181- 99824-530100-559-000 Subtuilted by: A C3 None City Manager ao?? -1 Frintpd nn rrrartrd nsnnr ltwv_ 21011 STATE OF FLORIDA EXECUTIVE OF'IACE OF THE GOVERNOR OFFICE OF TOURISM, TRADE,' AND ECONOMIC DEVELOPME NT GRANT AGREEMENT BACKGROUND The Office of Tourism, Trade, and Economic Development is authorized by law to make grants of funds in accordance with legislative appropriations. The Legislature of the State of Florida has made a 'provision for such grants in Section 23, Chapter 2000-317, Laws of Florida. AGREEMENT THIS GRANT AGREEMENT (Agreement) is entered into this _ --28th day of June, 2001, between the State of Florida, Executive Office of the Governor, Office of Tourism, Trade, and Economic Development (OTTER) and the City of Clearwater. (GRANTEE). OTTED and the GRANTEE are sometimes hereinafter referred to as a "Party" and collectively as the "Parties," This Grant Agreement is Grant Number OT 01-123 for the purpose of.funding assessment and remediation.at brownfield sites or areas designated pursuant to section 376.80, Florida Statutes, prior to April 1, 2000, that are United States Environmental Protection Agency brownfield pilot projects designated prior to July 1, 1997, at which site assessment has been initiated as of April 1, 2000. The Grantee certifies that it meets these criteria and is qualified to receive funding. In consideration of the mutual covenants and promises contained herein, the Parties agree as follows: 1.0 PARTIES: The parties and their respective addresses for the purposes of this Agreement are: 1.1 STATE OF FLORIDA EXECUTIVE OFFICE OF THE GOVERNOR OFFICE OF TOURISM, TRADE, AND ECONONHC DEVELOPMENT THE CAPITOL, SUI*fE 2001 'T'ALLAHASSEE, FLORIDA 32399-0001 1.2Miles G. BalloYg _ - •- - Citvcif Clearwater I ! 2 So. Osceola Ave. 1" Floor' CLEARWATER FL 33756 f - 1.3 The grant manager for 07 TED is Mary Helen Blakeslee, who may be reached at . telephone: number 8501922-8743, and facsimile number 8501487-3014. The grant manager for the GRANTEE is ' Miles G. Ballogg , who may be reached at telephone number (727) 562-4023 , and facsimile number 727 562-4075 All approvals referenced in this Agreement must be obtained in writing from the parties' grant managers or their designees. Either party may change its grant manager at any time by written notice to the other.pursuant to paragraph 2.0. 2.0 NOTICES- All notices between the parties shall be' in writing and shall be by either confirmed facsimile or certified mail, return receipt requested, delivered to the address of the parties as set forth in section 1.0 above, unless prior written notice of change of address is given. 3.0 TI?RNI• The term of this Agreement shall commence upon execution and continue until December 31, 2001. There will be no extensions. Only project costs incurred on or after the effective date of the 'Agreement and on or prior to the termination date of the Agreement are eligible for payment. 4.0• SCOPE OF WORK (a) The GRANTEE shall expend grant funds in accordance with provisions of Section 23, Chapter 2000-317, Laws of Florida. Funds made available by OTTED pursuant to this Grant Agreement shall be expended solely for the scope of work, designated as "Exhibit A," and budget, designated as "Exhibit II," both of which shall be submitted by the GRANTEE within 45 days of the execution of this Agreement, but prior to the commencement of project implementation. "Exhibit A" and "Exhibit 13" shall be incorporated into this Agreement when accepted and approved by OTTED. "Exhibit A" shall include the specific address of the project, the scope of.assessment or remediation to be undertaken and shall explain how the. project will advance ,GRANTEE'S Brownfield Plan for the site, "Exhibit B" shall show the types and amounts of each separate expenditure to be made to complete the project that omits no material parts of the project. The scope of work and budget may only be amended by prior written approval of OTTED. 2 (b) Funds made available by OTTED pursuant to this Grant Agreement shall be released to the GRANTEE upon O'TTED's receipt and approval of adequate documentation that the scope of work, described in "Exhibit A," has been completed pursuant to the budget for the project, submitted as "Exhibit B." The Grantee shall submit such documentation prior to December 15, 2001. The documentation shall be completed to the satisfaction of OTTED. 5.0 GRAN'T'EE RE0JMF ,,MENTS: (a) REPORTS (1) The GRANTEE shall provide OTTED with a written Project Performance Report prior to December 15, 2001 for the completed project. The Report shall contain a discussion of all project activities as well as such reports and documentation as to demonstrate that the scope of work, described in "Exhibit A," has been successfully completed. The Performance Report shall also include a written account of actual expenditures in comparison with the proposed project expenditures required by Paragraph 4.0 and "Exhibit B." OTTER shall be the final determiner as to the adequacy of the Project Performance Report. (b) AUDIT AND RECORDS (1) The GRAN'T'EE shall retain and maintain all records, including records of all payments made by GRANTEE in connection with the Grant and make such records available for audit as may be requested. Records shall include books, documents, and other evidence, including, but not limited to, vouchers, bills, invoices, requests for payment and other supporting documentation, which, according to generally accepted governmental accounting principles, procedures and practices, sufficiently and properly reflect all program costs expended in the performancc of this Grant Agreement. Such records shall be retained by the GRANTEE for a minimum period of three (3) years after termination of this Agreement. The records shall be subject at all times to inspection, review, or audit by state personnel of the Office of the Auditor General, Office of Comptroller, Office of the Chief Inspector General, or other state personnel authorized by OTTED and copies of the records shall be delivered to OTTER upon request; (2) In the event that GRANTEE is a non-state entity as defined by Section 215.97, Florida Statutes, (the Single Audit Act), and expends a total amount of State financial assistance, provided to GRANTEE to carry out a State project equal to or in' excess of $300,000.00 in any 3 1, fiscal year of GRANTEE, GRANTEE must have a State single or project-specific audit for such fiscal year in accordance with the Single Audit Act, applicable rules of the Executive Office of' the Governor and the Comptroller, and Chapter 10.550 (Local Governments) or 10.650 (Non- Profit and For Profit Organizations), Rules of the Auditor General, In determining the State assistance expended in its fiscal year, GRANTEE shall consider all sources of State financial assistance, including State financial assistance received from OTTexcept that State financial assistance received by GRANTEE for Federal program matching requirements shall be excluded from consideration. The Catalog of State Financial Assistance number for this Grant is 31.011. Audit requirements can be found in the State Project Compliance Supplement, which is online on the Office of the Governor website. (http.//www.myflorida.com/myflorida/government/leam/fsaa/index.html) (3) GRANTEE shall ensure that it complies with all provisions of Section 215. 97, Florida Statutes, and that the audits submitted pursuant to paragraph 7.2 comply ''with the requirements of the Single Audit Act, This compliance includes submission of a reporting package as defined by the Single Audit Act, and Chapter 10.550 (Local Governments) or 10.650 (Non-Profit and For-Profit. Organizations), Rules of the Auditor General, Such requirements shall be submitted within 12 months (Local Governments) or 9 months (Non-Profit and For= Profit Organizations) after the end of GRANTEE's fiscal year. (4) If GRANTEE expends less than $300,000 in State financial assistance in its fiscal year, an audit conducted in accordance with the provisions of the Single Audit Act is not required. In the event that GRANTEE expends less than $300,000 in State financial assistance in its fiscal' year and elects to have an audit conducted in accordance with the provisions of the Single Audit Act, the cost of the audit must be paid from non-State funds. If such an audit's performed, it shall be submitted to OTTED within 120 days of its completion. (5) If the Grantee expends less than $300,000 in state financial assistance and no audit is prepared, GRANTEE must submit, within 120 days after completion of expenditure of grant funds, a statement prepared by the head of the GRANTEE's entity or organization attesting, under penalties of perjury, that the GRANTEE has complied with the provisions of this grant. 4 5 (6) The GRANTEE must include, the record keeping requirements of paragraph 5.0 (b)(1), (2), and (3) in contracts and subcontracts entered into by the GRANTEE for work required under terrris 'of this Agreement. In the executed subcontract, the GRANTEE shall provide each subrecipient. of state financial assistance information needed by the subrecipient to comply with the requirements of the Single Audit Act. Pursuant to Section 215.97 (6), Florida Statutes, GRANTEE shall review and monitor subrecipient audit reports, and perform other procedures as specified in the agreement with the subrecipient, which may include onsite visits. GRANTEE shall require subrecipients, as a condition of receiving state financial assistance, to permit the independent auditor of the recipient, the state awarding agency, the Comptroller, and the Auditor General access to the subrecipient's independent auditor's working papers as necessary to comply with the requirements of the Single Audit Act. 6.0 PAYMENTS: (a) AMOUNT/SCHEDULE (1) Funds in the amount of up to$111,000 will be made available to the GRANTEE. (2) ? Payment will be made upon receipt prior to December 15, 2001 by OTTER of both a valid invoicd from the GRANTEE and the Project Performance Report required in Paragraph 5.0 (a)(1), and upon O=D's approval of the Project Performance Report. The payment amount shall be equal to the actual cost of the project but shall not exceed $111,000. (b) AVAILABILITY OF FUNDS The State of Florida's (OT IM's) performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. OTTFD's performance and obligation to pay under this Agreement is also contingent on there being no identification of other proper encumbrances on the funds being utilized for these grants between July 1, 2001 and December 31, 2001. Should such encumbrances be identified, the amount of funds available to each GRANTEE under Section 23, Chapter 2000-317, Laws of Florida will be reduced pro rata. OTTE,D shall be the final determiner of the availability of any funds. (c) TRAVEL /ADMINISTRATION There will be no reimbursement for travel expenses or project administration. 5 7.0 TERMINATION: f 1 ' (a) 'BREACH & PRESERVATION OF REMEDIES (1) In the event,that GRANTEE fails to comply with any of the terms of this Agreement, OTTED may exercise any, remedies available at law or in equity, including the withholding and/or reduction of funding to GRANTEE. In the event such failure is material to the Agreement as a whole, OTTED shall have the right to terminate this Agreement in accordance with its terms: (2) CITTED may terminate the Agreement due to the failure of the GRANTEE to fulfill its obligation under the Agreement in a timely or satisfactory manner. Satisfaction of obligation by the GRANTEE will be determined solely by OTTED. OTPED must provide the GRANTEE a written notice of default letter. The GRAN'T'EE will have fifteen (15) calendar days to cure the default, unless it is determined by OTTED that it is necessary that the default be cured immediately. If the default is not cured by the GRANTEE within the stated period of time, OTTED has the option to terminate this Agreement. The termination shall be effective upon no less than 24 hours notice delivered in the manner set forth in Section 2.0, In the event of tennination of this Agreement, the GRANTEE will be compensated for any work satisfactorily completed prior to notification of termination. Determination of work satisfactorily completed shall be at the sole discretion of. OTTED. Unspent funds, not due to GRANTEE for work satisfactorily completed, will be returned to OTTED. (3) No delay or omission to exercise any right, power, or remedy accruing to either party upon breach or default by either party under this Agreement will impair any such right, power, or remedy of either party; nor will such delay or omission be construed as a waiver of any such breach or default. (b) REFUSAL TO GRANT PUBLIC ACCESS. This Agreement may be unilaterally terminated by OTTED for refusal by the GRANTEE to allow public access to all documents, ' papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the GRANTEE in conjunction with this Agreement. (c) UNAUTHORIZED ALIENS. OTTED will consider the employment by any GRANTEE of unauthorized aliens a violation of Section 274(e) of the U.S. Immigration and Nationality Act. Such violation shall be cause for cancellation of the Agreement. 6 8.0, GENERAL CONDITIONS; (a) LIABILITY (l) QTTED shall not assume any liability for the acts, omissions to act or negligence of the GRANTEE, its agents, servants or employees; nor shall the GRANTEE exclude liability for its own acts, omissions to act or negligence to OTTED, In addition, the GRANTEE hereby agrees to be responsible for any injury or property damage resulting from any activities, conducted by GRANTEE. (2) GRANTEE agrees to indemnify and hold the State harmless from any and all claims or demands for damages resulting in personal injury or death, or destruction or damage to property, arising out of activities performed under this Agreement and shall investigate all claims at its own expense. (3) GRANTEE shall be responsible for all work performed and all expenses incurred in connection with'the project. The GRANTEE may subcontract as necessary to perform the services set forth, in this Agreement, including entering into subcontracts with vendors for services and commodities PROVIDED THAT it is understood by the GRANTEE that OTTED shall not be liable to the subcontractor for any expenses or liabilities incurred under the subcontract and that the GRANTEE shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. Also, when contracting with subcontractors, ,GRANTEE must require subcontractors to indemnify and hold harmless the state for actions of the subcontractor resulting in personal injury or death, or destruction or damage to property, arising out of activities performed under this Agreement and shall investigate all claims at it own expense. (4) Neither OTTED nor any agency or subdivision of the State waives any defense of sovereign immunity, or increases the limits of its liability, upon entering into this contractual . relationship. (b) NON-ASSIGNMENT. Neither party'may assign, sublicense, nor otherwise transfer its rights, duties, or obligations under. this Agreement without the'prior written consent of the other party•which consent will not be unreasonably withheld. Any sublicense, assignment, or transfer otherwise occurring will be null ahd void, Notwithstanding the foregoing; OTTED will 0 at all time be entitled to assign or transfer its right, duties, or obligations under this Agreement to another governmental agency in the State of Florida, upon giving written notice to the GRANTEE. In the event'OTTED approves transfer of GRA.NTEE's obligations, the GRANTEE remains responsible for all work performed and all expenses incurred in connection with the ,agreement. (c) GOVERNING LAW. This Agreement shall be governed by laws of the State of Florida. Any and all litigation arising under this Agreement shall be brought exclusively in the appropriate court in Leon.County, Florida, (d) MODIFICATION. This writing and the attached "Exhibits A" and "B, " when approved and incorporated, contain the entire Agreement of the parties. 'No representations were made or relied upon by either party, other than those that are expressly set forth. No agent, employee, or other representative of either party is authorized to alter., modify, amend, or change any of the terms of this Agreement, unless done in writing and signed by an executive officer of the GRANTEE and the Director or the Director's designee for OTTER. (e) APPLICABLE LAWS. GRANTEE agrees to comply with all applicable federal, state and local laws related to the execution of the program described in "Exhibit A" and "Exhibit B." (f) MINORITY BUSINESS. GRANTEE is encouraged to utilize minority business enterprises as subcontractors or subvenders when possible and report to 'OTTED all such usage of funds from this Agreement. (g) LOBBYING. Funds may not be used for the purpose of lobbying the Legislature, the judicial branch, or a state agency pursuant to Section 216,347, Florida Statutes. (h) PUBLIC ENTITY CRIME. Section 287.133(3)(a), Florida Statutes, requires that a person or aftiiiate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit u bid on a contract to provide any goods or services to a public entity for the construction or repair of a public building or public work, may not submit bids on l6ses,of real, property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity, and may not transact business with.any public entity in'excess of the threshold amount provided in Section 8 01 I 287,017, Florida Statutes, for Category Two for a period of 36 months from the date of being placed on the convicted vendor list. (i) NON-DISCRIMINATION, The GRANTEE will not discriminate against any employee employed in the performance of this agreement, or against any Applicant for employment because of age, race, creed, color, handicap, national origin, or sex. The GRANTEE shall insert a similar provision in all subcontracts for, services by this Agreement. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity; may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit a bid on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and "may not transact business with any public entity. (j) SEVERABILITY. If.any term or provision of the Agreement is found to be illegal, invalid, or unenforceable, such term shall be severed from this Agreement and the remainder of the Agreement will remain in full force and effect. (k) ATTORNEY FEES. Unless authorized by law and agreed to in writing by OTTED, OTTER will not be liable to pay attorney fees, or any other person or entity interest, or cost of collection. (1) DUPLICATE ORIGINALS. This Grant Agreement is executed in duplicate originals. (m) ACCEPTANCE AND AMENDMENT BY FACSDAME. The acceptance of this agreement or any modification of this agreement may be made by facsimile transmission. Receipt of the facsimile transmission shall for the purposes of this agreement be deemed to be an original, including signatures. (n) "SUBCONTRACTS. Any and all contracts that GRANTEE executes with a person or organization under which such person or organization agrees to perform services on behalf of GRANTEE or the State of Florida shall include provisions requiring that such person or organization report on performance, account for proper use of funds provided utider the contract, including the provision of audit rights pursuant to Paragraph S(c) of this Agreement, avoid 9 ° duplication of existing state and focal services and activities, and agree to abide by all local, state, and federal laws. (6), PLEDGING CREDIT. GRANTEE shall not pledge the State of Florida's or OTTED's credit or make the State of Florida or OTTED a guarantor of payment or surety for any contract, debt, obligation, judgment lien, or any.form of indebtedness. In Witness whereof, the Parties hereto have caused this Agreement to be executed by their undersigned officials as duly authorized. STATE OF FLORIDA; EXECUTIVE' CITY/COUNTY OF OFFICE OF THE GOVERNOR, OFFICE OF-TOURISM, TRADE, Clearwater / Pinellas AND. ECONOMIC DEVELOPMENT PAMELLA J. DANA, DIRECTOR'.. AUTHORIZED AGENT NAME: Diane Hufford TITLE: Acting Eco-Development Director DATE: i ?_ •r.-? a ?1 DATE: -June 28, 2001 WITNESS. Ail WITNESS - e& _ Ajof62MI 10010vanvatereon rrarr .10 ATTACHMENT ".A"' City of Clearwater Brownfields Assessment and Remediation Project. State of Florida Executive Office Of The Governor - Office Of Tourism, Trade, And Economic Development i Grant Number OT-01-123 f Pursuant to Section' 23,' Chapter 200-317, Laws of. Florida i Project Manager: Miles G. Ballogg Clearwater Brownfields Coordinator City of Clearwater - Economic Development Team I P.O. Box 4748 912 South Osceola Avenue Clearwater, Florida ,3.3758-4748 TEL: (727) 56274023 1 FAX: (727) 562-4075 Submitted: July 2001 Project Pe'riod:. July 2001- December 2001 } ATTACHMENT "A" SCOPE OF WORK ASSESSMENT IREMEDIATION OF ORPHANED AND ABANDONED SITES CLEARWATER BROWNFIELDS AREA Pursuant to Section 23, Chapter 2000-317, Laws of Florida OTTED Grant Agreement # OT-01-123 PURPOSE. This document will describe the intended uses of funding provided through Section 23, Chapter 200-347 Laws of Florida for the purposes of Brownfields redevelopment in the Clearwater Brownfields Area (CBA). as designated in the City of Clearwater's Resolution 97-57. The attached Grant Agreement requires this scope of work 4OT-01-123 provided by the Executive Office of the Governor-Office of Tourism, Trade, and Economic 'Development (OTTED). This Grant Agreement. is for the purpose of funding assessment, and remediation at Brownfields sites or areas designated pursuant to section 376.80, Florida Statutes, prior to April 1, 2000, that are United States Environmental Protection Agency Brownfields Pilot Projects designated prior to July 1. 1997, at which site' assessment has been initiated as of April 1, 2000. INTRODUCTION AND GENERAL PROJECT DESCRIPTION As a result of Section 23, Chapter 200-317 Laws of Florida, the City of Clearwater is'eligible for $111,000 of State funding to develop and redevelop commercial and orphaned and abandoned sites within the Clearwater Brownfields Area (CBA). The remediation of the proposed primary project site will augment the activities specified in existing State and EPA Brownfields work plans and will provide much needed redevelopment and assessment and remedial funding for the primary project and may assist other projects located within the Clearwater Brownfields Area. Funding provided under this agreement will provide services necessary" to remove environmental impediments from the primary. project site located within the Brownfields/Enterprise Zone Areas to allow for the commercial development. Further, activities funded through this funding will serve as a catalyst to the redevelopment of the Clearwater Brownfields/Enterprise Zone Areas. M SPECIFIC USES The funding provided under this agreement may be utilized to perform the following activities on the Primary Project Site and other commercial and orphaned and abandoned sites within the CBA: Phase I Environmental Assessments • Phase it Environmental Assessments • Site preparation bringing properties to acceptable environmental conditions • Demolition of Commercial Structures, if demolition is necessary to remove or abate contamination of groundwater or soil • Hazardous and Non -Hazardous Waste Removal • Site Stabilization - including grading and dust and erosion control measures, if site stabilization is necessary to perform site rehabilitation or the result. of site rehabilitation work • Removal of Pollutant Storage Tanks & Hydraulic Lifts • Performance of Pollutant Storage Tank and Hydraulic Lift Closure. Reports • Performance of Initial Remedial Actions • Preparation of Site Assessment Reports • Preparation of Remedial Action Plans •' Remedial Activities • Legal Representation and Fees (for Environmental Issues) • All Other Activities Required to remove Environmental impediments to redevelopment including but not limited to negotiating Brownfield Site Rehabilitation Agreements and Risk Based Corrective Action Remedies. This list is not,to be considered all-inclusive of the activities required for funding. However, required activities not listed will be presented to the OTTER project manger for approval prior to implementation. PROPOSED PROJECTS The following is the proposed Primary Project Site for the use of funding under this agreement. This project may be substituted with other viable remediation projects within the CBA. In the event that funding is available at the completion of the proposed primary project, additional projects will be sought for assessment, remediation and redevelopment within the CBA. t ., Primary Project Site - 601-613 South Fort Harrison Avenue - This project will involve the continued assessment, hydraulic lift removal and remediation of a former automotive dealership located within the Clearwater Brownfields and Enterprise Zone. This site is being prepared for the future development of Harbor Oaks Shopping Center. A proposed 27,887 SF Publix Grocery Store will. anchor this development with an additional 16,300 SF'of retail space to be provided as a result of the project. This project is projected to provide over 210 new jobs, many of which will 'be accessible to residents of Brownfields and Enterprise Zone. The project is also anticipated to generate an. estimated capital investment of over $9,601,000. This project will serve as a catalyst for the redevelopment of other adjacent underutilized commercial locations and will stimulate economic development in the Clearwater Brownfields and Enterprise Zone Areas. 2 City at' Clearwater 13ro? nfields Program -- State OTTER ltrmediation Grant rc OT 01-123 2000 Specifically, the funding from this grant source will be utilized to conduct a Limited Phase li Environmental Assessment, the removal and disposal of 17 hydraulic lifts, and excavation and disposal of associated contaminated soils discovered during the hydraulic lift removal. Additional assessment and remediation may also be required as a result of the removal effort (see Attachment "B" for a detailed scope, of work and budget for the project). The Environmental assessment and remedlation of this site will be.contracted directly by Harbor Oaks L.L.C. White Development Company and will be performed by a City Approved Brownfields Contractor. The City will provide reimbursement to Harbor Oaks Development, L.L.C. for assessment and remedial activities included in the attached scope of work for this project completed prior to December 15, 2001. All work funded under this grant will meet all Federal, State and focal laws and regulations. Preliminary Estimate Costs - $ 85,873.00 Projected Time Line - Completion by December 15, 2001 2. Various Commercial and Orphaned and Abandoned Sites. - The CBA currently has over 220 regulatory listed sites with nearly 50% of these reporting contamination. Additional orphaned and, abandoned sites are also located within the area. These sites include Salvage Yards, Dry Cleaning Facilities, Former Printing' Press Facilities, Auto Body/ Repair Shops and numerous petroleum contaminated and solvent contaminated sites. In the event that the above mentioned project does not require the expenditure of the full grant amount of $111,000, the remainder of the funding from this appropriation will be utilized to possibly assist a number of these sites to remove environmental impediments as needed. The City will focus on its continuing strategy of providing funding to "Market Ready Sites" that will result in viable Economic and Community Development projects throughout the CBA. The priority for this residual funding will be the actual removal of contamination from properties within the Brownfields Area, The funding will be utilized for the remediation of commercial properties that contain underground storage tanks,' hydraulic lifts, solvent and pesticide contamination and/or asbestos containing materials. Based on current assessments and status of development projects, these specific projects would be priorities for the remainder of the funding: • Redevelopment of the former Dimmitt Chevrolet dealership for the future home of the Mediterranean Town Home Project. • Redevelopment of the Former Clearwater Sun for a mixed use project (residentialloffice). • Redevelopment of the Paone property for a mixed use development (office/retail). Preliminary Estimate Costs- $25,127.00 to be modified and based on remaining funding. from primary project site listed above. Timeline - Projects to be completed by 12115/01 City of Clearwater Browtilields Progratn -- Slate OMD Remediat ion Grant # nT 01-123 2000 Reports A written Progress Performance Report will be provided to the OTTED project manager prior to December 15, 2001. The report will contain a discussion of all project activities as well as such reports and documentation as to demonstrate that the scope of work has been successfully completed. The Performance report will also include a written account of actual expenditures in comparison with the proposed project expenditures found in Attachment B: Scope of Work Policy The proposed projects described in this document may be modified as the redevelopment of the Clearwater Browntields Area Evolves. It is to be expected that this scope of work may require modification to remain an effective document. The Clearwater Brownfields Area is subject to change in accordance with the adoption or modification of a "resolution as required by Chapter 376.80 of the•Flodda Statutes. The proposed budget in this document is pending approval of the City Commission. Any modifications of this Scope of Work, Clearwater Brownfields Area and use of State Funding under the attached agreement will be submitted ' to OTTER project manager for review and approval. Points of Contact Miles Bailogg, Clearwater Brownfields Coordinator Project Manager for the City of Clearwater, is the Project Administrator for this project. Any significant conversations or comments regarding this grant funding shall be channeled through Mr. Bailogg. All correspondence to the State from the City regarding activities outlined in this work plan will be directed to Ms. Mary Helen Blakeslee, State Brownfiefds Liaison at the Governors Office of Tourism Trade and Economic Development. Tablo 1-1 Clearwater Brownflelds Redevelopment Work Plan Points of Contact Miles G. Ballogg . Ms. Mary Helan Blakeslee Clearwater Brownfields Coordinator Brownfields Liaison Project Manager State of Florida -Executive Office OF The Governor City of Clearwater. Office of Tourism, Trade, And Economic Development P.O. Box 4748 The Capitol, Suite 2001 Clearwater, Florida 33758-4748 Tallahassee, Florida 32398-0001 TEL: (727) 552-4023 TEL: (850) 467-3014 FAX: (727) 562-4075 FAX: (854) 922-6743 EMAIL: mbailogpOcltearwater-fl.com EMAIL: B e •M o sat fl.us 4 City orCleanvater Drowntields Program = State 01713- D ltetnediation Grant # OT 01-123 2000 ATTACHMENT "BY), Budget Summary for Agreement /Detailed Scope of Work for Primary Project Site] General Scope of Work for Remaining Funds BUDGET SUMMARY FOR OTTED GRANT AGREEMENT OT-01-'123 Estimated Budget for Primary Project Site 601-613 S. Ft. Harrison" Estimated Project Subtotal $39,943.00 Estimated Total Project Fee 78,073.00 10% Contingency T,800,00 Estimated Project Fees with Contingency $ 85,873.0.0 Various Commercial, Orphaned and Abandon Sites with Estimated Professional Service Cost 25,127.00 TOTAL AWARD AMOUNT , $111,404.04 Budget & Detailed Scope of Work for Primary Project Site Re: Proposal - Limited Phase 11 Environmental Site Assessment, and Hydraulic Lift Removal Dimmitt Property 601-613 SOltth Fort Harrison Avenue ,Clearwater, Florida 1.0 INTRODUCTION URS Corporation (URS) is pleased to submit this proposal for environmental'work to be performed at the . above-referenced property. Specifically, ' this proposal includes the scope of work, ' schedule and estimated fee for completion of the following: A Limited Phase 11 Environmental Site Assessment (ESA); • Removal and disposal of 17 hydraulic lifts; and City ofCleanvater Browntields Program - State,OTTED Kemediation Grant # OT 01-123 2000 Excavation and disposal of contaminated soils. 2.4 BACKGROUND in April 2001, URS conducted a Phase i ESA Update for the subject site and Identified the presence of numerous hydraulic lifts as an environmental concern. The Phase I ESA Update referenced a Phase II ESA performed by URS (formerly Dames & Moore) at the Dimmitt Property In January 2000. During this Phase 11 ESA, soil samples were collected and analyzed at each of the 17 hydraulic lift locations. The analytical results indicated that soil samples collected at four hydraulic lift locations (HL-1, HL-2, HL-7 and Hi--14) contained concentrations of total recoverable petroleum hydrocarbons (TRPH) that exceeded the residential direct exposure and leachability soil cleanup target levels of 340 milligrams per kilogram (mg/kg). Two of these soil samples (HL-1 and HL-7) contained TRPH at concentrations that exceeded the industrial soil cleanup target level of 2,500 mg/kg. A soil sample collected at the vacant warehouse (WH-1), located at the northeast portion of the parcel, also contained TRPH at a concentration (3,500 mg/kg) that exceeded the industrial soil cleanup target level. Groundwater samples were collected at nine hydraulic lift locations (HL-1, HI-3, HL-6, HL-8, HL-11, HL- 12, HL-13, HL-14 and HL-15). The groundwater samples were analyzed for volatile organic compounds and .TRPH. The groundwater samples did not contain detectable concentrations of TRPH. The groundwater sample collected at hydraulic lift location HL-13 contained one volatile organic compound (chloroform) at a concentration of 5.9 micrograms per liter. (µg/L) that slightly exceeded the groundwater cleanup target level of 5.7 fig/L.. The presence of chloroform in this and several other groundwater samples was attributed to the use of tap water for steam cleaning the sampling equipment. 3.0 OBJECTIVES An objective of the Limited Phase 11 ESA will be to evaluate the extent of impacted soil in the vicinity of, hydraulic lifts HL-1, HL-2, HL-7 and HL-14 and in the vicinity of impacted soil in the warehouse area. An additional objective will be to evaluate groundwater quality in the vicinity of hydraulic lifts HL-2 and HL-7' and in the vicinity of the warehouse area. Upon completion of the Limited Phase 11 ESA, the 17 hydraulic lifts located on the subject property. will be removed and disposed. Areas of impacted soil that have been identified during the Limited Phase II ESA will be excavated and properly disposed. 4.0 SCOPE OF WORK 4.1 TASK 1 - PROJECT MANAGEMENT AND UTILITY CLEARANCE URS will assemble the appropriate project team to conduct assessment activities. This task includes project management, which consists of project planning, scheduling, initiation and coordination with subcontractors. In addition, as required by the State of Florida, URS will contact the local agency responsible for underground utility clearance, which requires a 72-hour notice prior to intrusive work. 4.2 TASK 2 - LIMITED PHASE it ESA Soil and groundwater samples will be collected at the subject site in accordance with URS' state-approved comprehensive quality assurance plan. The samples will be collected using direct-push equipment (Geoprobe) at four hydraulic lift locations (HL-1, HL-2, HL-7 and HL-14) and in the vicinity of soil sample WH-1. The sampling equipment will be decontaminated between each sampling location to mitigate the potential. for cross contamination. The groundwater samples will be collected at the water table interface. City of Clearwater Browntielas Program -- State OTTED Rcinudiwion Grant # OT 01.123 2000 4.2.9 Soil Assessment URS proposes to collect soil samples at four locations surrounding each of the four hydraulic lifts and the area surrounding soil sample WH-1 using Geoprobe sampling equipment. At each sample location, soil samples will be obtained from land surface to two feet below land surface then from three feet to five feet below land surface. A total of 40 soil samples will be collected for laboratory analysis. Soil samples will be placed in laboratory-supplied containers, labeled and placed In an ice-filled cooler. A Chain-of- Custody form will be completed and the soil samples will be forwarded to a certified laboratory for analysis. Each soil sample will be analyzed for polynuclear aromatic hydrocarbons (EPA Method 8310), TRPH using the Florida Petroleum Range Organic (FL-PRO) method and arsenic, cadmium, chromium and lead. One soil sample at each location will be analyzed for volatile organic compounds (EPA Method 8021). In accordance with quality assurance requirements, four duplicate samples and two equipment blanks will be collected and analyzed for the parameters listed above. 4.2.2 Groundwater Assessment Groundwater samples will be obtained at hydraulic lift locations HL-2 and HL-7 and sample location WH- 1 using' Geoprobe sampling equipment. The groundwater samples will be placed laboratory-supplied containers, labeled and placed in an ice-filled cooler. A Chain-of-Custody form will be completed and the groundwater samples will be forwarded to a certified laboratory for analysis. The groundwater samples will be analyzed for volatile organic compounds (EPA Method 8021), polynuclear aromatic hydrocarbons (EPA Method 8270), TRPH using the FL-PRO method and total and dissolved metals (arsenic, cadmium, chromium and lead). For dissolved metals analysis, time groundwater samples will be collected using disposable one-micron filter cartridges. For quality assurance purposes, an equipment-blank will be collected and analyzed for the parameters listed above. 4.2.3 Data Evaluation Following receipt of the laboratory reports, URS will evaluate the analytical results, The analytical results will be compared to soil and groundwater cleanup target levels established in Chapter 62-777, Florida Administrative Code. Data evaluation will allow URS to estimate quantities of soil that will require removal at these five areas. 4.3 TASK 3 - HYDRAULIC LIFT REMOVAL This proposal includes the removal of 17 hydraulic lift cylinders and associated lines and tanks. The cylinders and associated lines and tanks will be removed, drained and properly disposed. During the removal of the cylinders, visibly contaminated soil will be removed. Contaminated soil will also be removed from the area surrounding sample location WH-1. At this time, the amount of contaminated soil that will require removal is not known. For the purposes of this proposal, URS assumes that 250 tons of soil will be removed. This proposal also assumes that concrete debris generated during removal of the lifts and contaminated soil will remain on the subject property. Confirmation soil samples may be required if visibly contaminated soil is encountered at hydraulic lift areas that did not indicate impacted soil during the Phase 11 ESA conducted in January 2000. This proposal includes the analysis of up to ten confirmation soil samples that will be collected at the lift areas following removal. The confirmation soil samples will be placed in laboratory-supplied containers, labeled and placed in an ice-filled cooler. A Chain-of-Custody form will be completed and the soil samples will be forwarded to a certified laboratory for analysis. 7 City of Clearwater Brownfields Program -- State OTTCD Remediation Grant # OT 01-123 2000 The soil samples will be analyzed for volatile organic compounds (EPA Method 6021), polynuciear aromatic hydrocarbons (EPA Method 8310), TRPH using the FL-PRO method and arsenic, cadmium, chromium and lead. In accordance with quality assurance requirements, one duplicate sample will be collected and analyzed for the parameters listed above. Contaminated soils will be stockpiled'on site and covered with visqueen. URS assumes that tap to three composite soil samples will be collected from the soil stockpile. The composite soil samples will be placed in laboratory-supplied containers,. labeled and placed In an ice-filled cooler. A Chain-of-Custody form will be completed and the samples will be forwarded to a certified laboratory and analyzed for non- virgin pre-bum parameters. This proposal assumes that excavated soil is acceptable to a thermal treatment facility. 4.4 TASK 4 -- REPORT PREPARATON Upon completion of the tasks previously described, URS will incorporate the findings of this investigation into a Hydraulic Lift Removal Report. This report will include pertinent background information, a summary of assessment activities and field observations, evaluation and discussion of the analytical results and data collected, and conclusions. The report will also include site plans showing the areas of excavation and disposal documentation. 5.0 SCHEDULE URS is prepared to begin work at the site within one week following receipt of written authorization to proceed. The utility clearance requires a 72-hour notice. Field activities associated with the Limited Phase II ESA will be completed in one to two working days. The laboratory results will be provided in approximately five to seven working days following submittal of the soil and groundwater samples. The removal of the hydraulic lifts and excavation of contaminated soil is estimated to require six to seven working days to complete. Laboratory results for the pre-burn and confirmation soil samples will be provided in approximately five to seven working days. Loading and transportation of stockpiled soil will be scheduled within a week following receipt of the pre-bum laboratory results and acceptance of the material by a thermal treatment facility. The report will be submitted approximately two to three weeks following receipt of all laboratory analytical results and disposal records. 6.0 ESTIMATED PROJECT FEES URS proposes to perform the scope of accordance with the terms and conditions Schedule of Charges, which are attached. provided below. Unit costs and estimated Schedule. Task Description Project Management Limited Phase II ESA $ 2 Field Days/Sampling (2 days x 10 hrs x $601hr) (6 hrs x $102/hr) work described herein on a time and expense basis in In accordance' with our General Conditions - Form B and The unit costs and estimated project fees for this project are fees for the contractor work are provided in the attached Bid URS Laboratory/Drilling $1,500 $0 $2,556 $2,650 8 City of CIeanvater Brownfields Program -- State OTTED Remediation Grant 4 OT 01-123 2000 (6 hr, x $74/hr) (2 vehicle trips x $50/day) (Field supplies @ $200) $ -46 Soil Samples $0 $12,420 ; (8310/FL-PRO/metals @ $270) $ 7 Soil. Samples $0 $770 (8021 @ $110) $ 4 Groundwater Samples $0 $1,720 (8021/83101FL-PRO/meta1s @ $430) ' Task Description URS Laboratory/Drilling Hydraulic Lift/Soil Removal $ 5 Field Days/Sampling $5,324 $0 (6 days x 10 hrs x $60/hr) (12 hrs x $102/hr) (6 vehicle trips x $50/day) (Field supplies @'$200) . $ 11 Confirmation Soil Samples, $0 $4,180 (8071/8310/FL-PROIRCRA metals @ $380) $ 3 Pre-Barn Soil Analyses $0 $1,110 (3 x $370/sample) Data Evaluation.and Reporting $ Reporting $5,900 $0 (4 copies of signe8lsealed report) Estimated Project Subtotal' $15,280 $22,850 Estimated Project Total $38,130 Labor rates per. labor category and equipment rates for URS personnel and equipment that are anticipated to be used an this project are provided below: Associate Grade 15 - $1281hour Senior Geologist/Engineer Grade 14 - $102/hour . Project Geologist/Engineer Grade 12 - $74/hour Staff Geologist/Engineer Grade 10 - $60/hour ClericallSupport Staff Grade 6 - $52/hour CADDIDrafting Grade 8 - $66/hour Vehicle - $501day 10% handling charge an subcontractors and materials obtained far the project. BID SCHEDULE. HYDRAULIC LIFT REMOVAL 601-613 SOUTH FORT HARRISON CLEARWATER, FLORIDA The total quantities for the hydraulic lift system and petroleum impacted soil removal are estimated and -may vary based on conditions In the field. The unit cost will be used if more or ' less is encountered. URS has selected Advantage 'Environmental Services to complete the removal of the hydraulic lifts, removal of impacted soil and associated' field tasks. Mr.. J.W. 9 City of Clearwater BrownfiMds Program - State OTTED Remediation Grant ti OT O1.123 2000 F Hunter is the PSSC Contractor (license number PCCQ55739). The contractor Is responsible for providing all labor, equipment and materials to complete the work. The unit costs include a 10% handling charge. BID ITEM UNIT QTY UNIT COST TOTI Mobilization - Hydraulic Lifts/Soil Excavation LS 1 $550 $550 Removal of hydraulic'lifts (includes removal Each 17 $1,000 $17,000 of minimum of 5 ft. by 5 ft, area of 6-inch to 14-inch thick concrete slab, draining lifts and lines, removal of lines, removal and disposal of lifts and any above ground or underground tanks associated with the lift) -' Disposal of hydraulic fluids (non-PCB) Drum 15 $138 .$2,070 Excavation and stockpiling of contaminated Ton 200 $16.17 $3,234 soils from lifts, includes plastic sheeting, labor & equipment Excavation and stockpiling contaminated soils Ton 50 $17.28 $864 , from warehouse building,, includes plastic . sheeting, labor and equipment Loading, transporting and disposal of petroleum Ton 250 $49.50 $12,375 impacted soils for thermal treatment (lifts and warehouse building) Analytical testing of hydraulic fluids for disposal , Each 4 F $165. $660 BID ITEM UNIT QTY UNIT COST TOTAL Backfill Material CY 200 $8.25 $1,650 FOOT approved 55-gallon drums (as needed) Each 20 $49.50 $990 Temporary f6ncing around hydraulic lift area . , LS 1 $550 $550 Estimated Project Subtotal from Bid Schedule $39,943 Estimated Total Project Fees $78,073 10% Contingency $7,800 Estimated Project Fees with Contingency $85,873 ' to City of Clearwater BrownGelds Program- State OTTED Remediation Grant # OT 01-123 2000 Optional Bid Items M Mobilization (if additional soils are required LS 1 $550 $550 to be removed) Loading, transporting and disposal of per 55 20 $190 $3,800 petroleum impacted soils for thermal gal. drum treatment Loading, transporting and disposal of petroleum Ton 250 $152 $38,000 impacted soils that do not meet thermal treatment criteria, non-hazardous Notes: The quantities listed herein are estimates only, Unit rates will apply. If additional items are required or are requested, URS will provide a proposal addendum to this cost estimate. URS will provide. disposal records, weight tickets and laboratory analysis used for waste characterization. The stockpiled soils will be covered-with plastic until the soils are removed from the site. No compaction of backfill material is included iri this proposal. This scope of work does not include the transportation and disposal of concrete removed during lift removal. The cost estimate and terms described herein are valid for up to 30 days from the date of this proposal. Any variations to the schedule or, scope of Work may require a modification of the cost estimate. It Is URS' understanding that the signatory contracting this work, as the client, is authorized to enter into this agreement with URS. General Scope of Work and Budget Summary for Remaining Funds Funds not expended from the primary project site will be utilized to perform the following activities on priority sites within the Clearwater Brownfields Area: • Site preparation -- bringing properties to acceptable environmental conditions • Demolition of Commercial Structures, if demolition is necessary to remove or abate contamination of groundwater or soil • Hazardous and Non -Hazardous Waste Removal • Site Stabilization -- including grading and dust and erosion control measures, if site stabilization is necessary to perform site rehabilitation or the result of site rehabilitation work • Removal of Pollutant Storage Tanks & Hydraulic lifts • Performance of Pollutant Storage Tank and Hydraulic Lift Closure Reports • Performance of Initial Remedial Actions • Preparation of Site Assessment Reports • Preparation of Remedial Action Plans • Remedial Activities • legal Representation and Fees (for Environmental Issues) Preliminary Estimate Budget - $25,127.00 to be modified and based on residual funding from primary project site listed above. . 11 City of Cleanvater Brownfields Program-- State OTTED Remediation Grant. # OT 01-123 2000 I} F HARBOR OAKS North East Corner of Ft. Harrison Ave. & Druid Road Clearwater, Florida 112 mile South of Downtown Conceptual Site Plan i. ,... M y w i-?iirr'IOIi -V ,.. MET HANAILD\ r VC, Building Features: Gross Leasable Area: 44,287 sq.ft. +!- Premier Supermarket 27,887 sq.ft. +!- Local Retail 12,650 sq.ft. Out Parcels Bank Site 3,750 sq.ft. +J- Special Features: Average Daily Traffic Counts 29,891 cars per dale on Ft. Harrison Avenue (2000) 5,352 cars per day on Druid Road Local Retail Rental Rate: Base Rent: $20.00 -$25.00 per sq.ft. Depending upon size and location Additional Rent: Pro rata share Real Estate Taxes (To be determined) Insurance Common Area Maintenance (Note: All rents subject to Sales Tax) Demographics 1 mile 2 mile 3 mile Population 2000 estimate 8,044 36,184 76,023 2005 estimate 8,180 36,596 76,021 Delineated Trade Area -- 2000 estimate Population 23,224 Average Household Income $47,022.71 1" ru- : t ddiiir?lud lrrfor nlaliuu C'n?ucrc 1 Part! Cook), Retail Asset Management, I?re. (727) 446-30.12 Jar (727) 446-3080 P.O. Bur 1666 - Clearwater - l'larida . 3758-5666 The inro+mahon givzn herewith is Main from sources considered reliable However we are not responsible for misstatements of facts, errors or omissions, withdrawal from market, modification of terms and conddicns, or change in pricing without rotice. The information supplied herein is for informational purposes only and shall not constitute a warranty or assurance that the information is correct. Any person intending to rely upon the information supplied herein should verity said information independently. Pursuant to Section 475 25(1){q) Florida Statutes, and Rule 21V-t0 033 Florida Administrative Code, Retail Asset Management, Inc makes the following disclosures, that in the event a lease or sales contract is entered into. Retail Asset Management, Inc represents the LessorlSeller exclusively and LesseerBuyer may be responsible for additional costs such as their own attorney's fees, security deposit, and telephone and r,tifity deposits fo 'C A110 ??ar A a a _A A i SITE PLAN as.i..?-. is s PUBUX CL.EARWATER 304 I BEICHER ROAD PH.(727)443-2669 FAx:(727)446-5036 Ca a ' MEARWATER, RORtDA 33765-7905 E-ML NESTECHOWiM05PRtNG,C,(Jit Comm. No. 010'S' Doti 709 1 =' Sh4et No. Irw 4", K Vi .0. 1- 1?1 FORS 11AAhlSQ H AVE. •-,,' 4I? --;:il ? ? '1._ ?.?» ?``a` ? 1 ,+e•?? ?~•- - ??._.........-_`?-...o--',?-??',°u,,,.po 5--v' -?- CID 3 co U) al <. ID sc W ?-+o F ij m gj 't P-k 21 .rl ? 1 Y / •V rC1 Icy ? n - ,` 0 off v ri tU ' ' a I4 h`? QUA ti? ? .J?•O} r:I • u15_.. 1 1 '' ? 'fir ''; £t ' l>?''_•ri• •t •'t GSp 't' 1't .. .-AL r4 L= Eh Its wit," U)r`v 1••t '.?, _ •r~ -tl?r? I?irl [ Z ?- CL a. 43 li xm t? ?' ?_no ii OI .. ?U_I{L??IH m --1 i?.--- In EL n?w;? ?1?0 is m m ?. rl-o 0 ui C14 _x c 25 •rl= it."'+°!? r.1 Q ??ruf r'? I? 0. L tor.??-1- -.y 13 all { .4i ?i 4'•i .i'+ - 1 , . '?. {11 ~ lh ,tea J t •".':•, ?..' (..`f.. .+,,, ire t`•.''? .1 ?cA ,! m W _ 'k "tn b. rye: '?!t'i'1'.lr. f ?.. • :<<. ''f,.S? #b? C l? w,/}tO, pl sip €.•,sl'.r?.°+`• ,•':?• •'tr ?'• ?? • qc _''+4 ?y ?^.aL' 25 ? 'r, ..t, •, ..fl• ?' .. ? Ito .. , j N m a "e C K do w g? Z t o°, lh $zQ ? v Pin Q r g n =I, ? « G u OpF, ?. o 900 i ...r __..# p.:. _.?, ?.. ..iE. .:? ... At OOAO 16 L J`?-.- tx-,•f.?.?-'' :.fl_}'_?'_}i:?'i a+`?'? X11 ? ? rE`-?. .f `!? ?r `"} l??: ','•`' f_t,._ -pf f"'a'1r_ f w.l..l,.- .. o -`1i- ? 3iL?P JL uu,s_iHi_°' --.ca?_n __-?? {7C b? L`°r? I 1 ! pp CY1C_a _: w, ._ :1 !=:1 n; N J ?; n •._ - . , ....... -_.mn _ $ Nlgh?ancl Val r, _.J 4 A- J ! Q? if E -03 WAS. C-itl Ape SNOB,-'. : o -1 1' 1-11 0 .0_. Mod g ea- c,- S.MissoiinAVe_-?..,-_ . _ 141 0 l ?nr????i,-?t_ ???_rian ? oadsa ? '??_1? ?UL )? ?!_ ?t_ II .f,>?? N._ d=S -- (?? [i'.SU rJQ ?'o?I.N IL??new'sL- 711 ? 7 G31. ._? 4? ?L°7 m alfl?l Et ;r ?, ju, II-I_' _J- 7 _ 10-' E i ?:-a Falft, arri5011 Avei rte' I r ?. p.-_ lip 0_t 1??•1! n 32 w o V L 1 ? j- }4• ?C? J ?:5'.r', i```',• } .' J(. a' C;,E f,'.i.Y!' ;?? ,' li ??'?Il ^` 3 ? `?/" , joy A VON 4, s0 -- ` rl °?•ry??r 'I •i•,'ft • '? °.{i" t! -' .;? 'si '.' ? „T ? I t, •. l{`r _? . to.". 2AW ?, . ' 1.,};y- v. w.?{• ?: .3r •a,•i .•r-? ,i ?.' frt. '-j, q'F'. .,{ :•??,?., ' ..• ,?-' NOW, •?r l_' •r?'41'?%n?.'`,',?•,f• '31 .'?:'/w .,i '?' i1 ?,1 .'l •1? •'r.•.1': , •). ?'!'?-.'t?'if. •i if '', !f-? 1 nun,,: Y•iY S•.f. '. is ?. .,'< 1.,?. F•s :? 'S' .x' .,: , Fi: ; f l'.,f ?r, ,N :'' :: if '':, I:1' a ?\,\-" ?'^' •, ''j- 1•t.. r(.'??"`'? '?i--4 i ?,'.' !?` r' x `,\' ?: ?7•` .r?.' '9F? `71, ')s, t?{• 4, ??'?•---??.,??ti-J---,• ?' , . ':; ? ? ? - '•: ' 4.'.'. rig'' ?.:` ? ? ??: , ?:F MOM" ;f I .°r(,• pl,?;', 1, 'i r••r'?11't'- i VIP Elf a i? ct? LL. f? v O ?ryry L ca 3. la. qq? Fa ? O x L ?yt c [C1T d er.C:C M F COY. ? G Egg , S ~ W 7 4 U a 7 Boa 11 1- 14 r O f+; J I } y y ?` L 11 EXECUTIVE SUMMARY FT. HARRISON AVENUE & DRUID ROAD CLEARWATER, FLORIDA. The site is located in Pinellas County on the east side of ft. Harrison Avenue (Alt. US F9) about two miles south of Highway 60, between Turner Street and Druid Road, This is a busy urban location in the heart of Downtown Clearwater just a few blocks from the Pinellas County Courthouse, City Hall,, and Cleveland Street (Clearwater's main street). Traffic signals at each end of the property provide excellent access. The site is highly visible when approaching from either the north or the south.' Ft. Harrison Avenue is one of only two major arteries that run the length of Pinellas County with 29,91 A.A.D.T: (2000). At the site's southernmost boundary is a light at ' Druid Road. kVith '5,352 A.A.D.T., Druid serves as one of the few east/west connecter roads between Alt U.S. 19 and U.S. 19 in this part of the County. West of Ft. Harrison, Druid empties into one of • the most well-established and upscale single-family neighborhoods in downtown Clearwater, Harbor Oaks, which • contains an historic preservation district and multimillion dollar waterfront homes. There are five churches within a One Mile Ming. A major area hospital, Morton Plant, and ancillary facilities and services are located on Ft. Harrison approximately three blocks to the south. The population in the Primary Trade Area is 23,224 (2000 est.) and the. average household income has increased from $27,763 in 1990 to an estimated $47,022.71 in ' 2000 - a 69.37% increase. Within .a One Mile Ring, average ? household income increased during the same period by an estimated 90.62% from $34,023 to $64,853.25. The population within a One. Mile Ring of the site is 8,044 (2000 est.), ;the' largest segment of which being persons 35-44 }rears of age. In addition to the residents, there is a significant number of daytime workers in and around the Primary,Trade Area. According to the City of Clearwater, there are 29,695 daytime workers within the Primary Trade Area. By far the largest employment sector is medical services with 17,480 daytime employees. Morton Plant Hospital (less than one- half mile from the site) alone employs 7,909 employees of which 1,200 are medical staff, and these workers are spread over a full seven day week. There are 145 different health services businesses (other than the hospital) within a one-mile radius of Downtown Clearwater. This number reflects the laree number of doctor's offices in the area, some i ,IP?X??is• ?r?e 7711 ? , 1 i rl f r.m ~ in-`t?r rte- -? p,.r s ca L?" o ?U TV" "II •?_:_ - -?_ 1 ,_ E ?` _ - Sw _ ,ae???r??I`1yI1}r'1 T`r ?3 i ri .? a s?f r ? ^L" - 1? • -{•?• C-_1 L?-" i Li ??? 1 { r r-'t. 1111- -341?L? f ij l-ff'?? ?;[1fl'? Q J L co y ?? Ali fI(, ?•-?.r. r o?_ -' _, 'T?..L?r m ??Ir!!:I.Ll +? 1 ??1.43..+ ???...? -_ ---;1_.1.? , ? 1. 1; -40 ISE: CD f I all WAS ?Sz.,o? iD? w S 1 ?. x N ?E fl t` ?,' .r E .i'.. •V?, a ?' 1 . 8U). .. ail ,?.4? `' ' 1 , .. ' ' • 'f,'?i WA BWh Ads, - 'r 11,-.. _ its N IM a e a e M ? n U ?pp p Q z Ch rn ?u M C C ri. F N R ea~ p q? G O ? w ? P i- E3 U iz o e! a U 9 it, mMO IM , d C C inn U?O ,2000/2005 Demographic Update Scan/US, Inc. S Ft Harrison Ave AT E Druid Rd 03/22/01 Area.001/1 Mi Ring 2000 Population 8,044 2000 Pop female, <6 yrs. 208.25 2000 Pop, Households 7,261.44 20011 Pop female, 6.11 yrs 194.94 .2000 Pop, Family hshlds 4,426,63 2000 Pop female, 12-17 yrs 182.44 '2000 Pop,, Non-family hshids 2,834.81 2000 Pop female, 18-24 yrs 237.75 2000 Pop, Group quarters 782.56 2000 Pop female, 23.34 yrs 377,56 2000 Households 4,205 2000 Pop fcxnaie, 35-44 yrs 501,19 2000 Avg hshld size 1.73 2000 Pop fctttale, 45-54 yrs 434.44 2000 Hshids, Families 1,640,06 2000 Pop female, 55.64 yrs 341.63 2000 Avg familysize 2.70 2000 Pop female, t)5.74 yrs 447.44 2000 Hshlds, Nan-family ' 2,564.94. 2000 Pop female, 75.84 yrs 725 2000 Mg non-family size 1.11 2000 Pop female, 85+ yrs 946,38 2000 pop, White 6,583.69 21100 Nicdian age 54.53 2000 pop, Black 1,388.25 2000 Irlcdian age, Pop male 49.17 2000 pop, Am Indian 31.56 2000 Median age, Pop female 57,88 2000 pop, AsiantPI 40.50. 2000 Per capita total income 36,550,79 , 2000 Pop, Hispanic 489,41 2000 Agg total income (h0 294.01 2000 pop, Male 3,447 2000 Hit, ?< 5T 161.56 2000 pop, Femalc 4,597- 2000 Hit, ST-9,9T 427.75 2000 Pop, < 6 yrs 400.56 2000 Hh, 10T-14.9T 537.56 2000 Pop, 6-11 yrs 397.94 2000 Hit, 15T-19.9T 561.56 2000 Pop, 12-17 yrs 373,06 2000 Hit, 20T-24.9T 361.94 2000 Pop, 18-24 yrs 463,69 2000 Hit, 25T-29.9T 267.75 2000 Pop, 25-34 yrs 790.50 2000 Hit, 30T-34.9T 233.44 2000 Pop, 35-44 yrs 1,032,13 2000 Hit, 35T-39.9T 202 2000 Pop, 45-54 yrs 863.50 2000 Hit, 40T-49.9T 354.63 2000 Pop . 55-64 yrs 641.94 2000 Hit, 50T-59.9T .159.511 2000 Pop, 65-74 Vrs 730.25 2000 Hit, 60T-74.9T 212.19 2000 Pop. 75-84 yrs I.,065.94 2000 Flh, 75T-99,9T 253.69 2000 Pop, 85+ yrs 1,284.50 2000 1-1h, 100-F-124.9T 92.44 2000 Pop male, < 6 yrs. 192.31 20001-111, 123T-149.9T 64.94 2000 Pop stale, 6-11 yrs 203 , 200011h, 150T-249.9T 110.13 2000 Pop male, 12-17 yrs. 190.63 2000 Hh, 250T+ 203.114 2000 Pop male, 18-24 yrs 225.94 2000 Agg income (M), Hshld 272,71 2000 Pop stale, 25-34 yrs 412.94 2000 Avg hshid income 61,853,25 2000 Pop stale, 35-44 yrs 530.94 20011 Median hsltld income 30,030.95' 2000 Pop male, 45-54 yrs 429.06 2000 Agg income (M), Family 125,14 2000 Pop male, 55-64 yrs 300.31 2000 Ai g family income 76,303,44 2000 Pop stale, 65-74 yrs 282.81 2000 Wdinn family income '47,547,02 2000 Pop male, 75-84 yrs • 340,94 2000 Agg income, (M), Non-family 147.57 2000 Pop male, 85+yrs 338.13 2000 Avg non-family Income 57,531.82 ScanlUS, Inc.; (800) 272 - 2087 200012005 Demographic Update Scan/US, Inc. ' S Ft !Harrison Ave AT E Druid'Rd 03/22/01 Area001/1 Mi Ring 2000 Median non-family income 25,227,02 2065 Population' 8,180 2000 Hh disp inc, < 5T 200.38 2003 Pop, I louscholdi 7,463.06 2000 Hh disp inc, 5T-9.9T 476.38 2005 pop, family Wilds 4,390.8 t 2000 Hh dish inc, IOT-14.9T 680.93 2003 pop, Non-funtily hshlds 3,072.25 2000 Hh disp inc, 15T-19.9T 583.75 2005 Pop, Group quarters 716.94 2000 Hh disp inc, 20T-24.9T 36$.81 200511nusCltinids 4,401.94 2000'Hh disp inc, 25T-29.9T 298.69 2005 Avg hsllld size 1.70 2000 Hh disp inc, 30T 34.9T 286,06 2005 Hshlds, Families 1,680.69 2000 Hh disp inc, 35T-39.9T ' 234.06 2005 Avg family size 2.61 2000 Hh disp inc, 40T-49.9T 217.56 2005 Hshlds, Non-family 2,721,25 2000 Hh disp inc, 5OT-59.9T 209.13 2005 Avg non-family size 1.13 2000.Hh disp inc, 60T-74.9T 219.50 2005 pop, White 6,610.38 2000 Hh disp inc, 75T-99.9T 125.25 2005 pop, Black 1,467.38 2000 Hh disp inc, 100T-124.9T . 53.75 2005 pop, Am Indian 40,19 2000 Hh disp inc, 125T-149.9T 36.81 2005 pop, Asian/Pl 62.06 2000 Hh disp inc, 15bT-249.9T 75,$8 2005 Pop, Hispanic 574 2000 Hh disp inc, 250T+ 138.06 2005 pop, Male 3,482.81 2000 Agg disposable income (M), Hshld- 225.30 2005, pop, Female 4,697,19 2000 Avg disposable income'. 53,579.52 2005 Pop, < 6 yrs• 372,06 2000 Mcdian disposable income 24,810.53 2005 Pop, 6-11 yrs 424.38 2000 14h, 1 person 2,292.06 2005 Pop, 12.17 yrs 384.81 2000 Hh, 2 persons' 1,278.75 2005 Pop, 18-24 yrs 431,75 2000 Rh, 3 persons 324.43 . 2005 Pop, 25-34 yrs 689,56 2000 Hh, 4 persons, 197.31 2005 Pop, 35-44 yrs 1,115,50 2000 Hh, 5 persons 74.50 2005 Pop, 45-54 yts 909.19 2000 Hit. 6+ persons 37.94 2005 Pop, 55-64 yrs 640,31 2000 Vehicles available 4,975.31 2005 Pop, 65-74 yrs 639.31 200'.) Avg vehicles per lishid 1.18 2005 Pop, 75-84. yrs 1,060,25 2000 Hit, 0 vehicles 386.73 2005 Pap,.$5f yrs 1,422.8.4 2000 Hh. 1 vehicle 2,062.81 2005 Pop male, < 6 yrs 186,25 2011111-I11, 2 vehicles 1,383.38 .2005 Pop male, 6-11 yrs. 213,14 2000 Mi. 3 or more vehicles 372.06 2005 Pop male, 12-17 yts 197,94 2000 Total housing units 4,835.31 2005 Pop male, 18-24 yrs 208.69 2000 Housing units, Vaunt 630.31 , 2005 Pop male, 25-34 yrs 358,94 2000 Housing units, Owned 1,526.69 2005 Pop male, 3544 yrs ' $64.69 2000 Housing units, Rented 2,678.31 2005 Pop male, 45-54 yrs 0.6,69 2000 % Hstilds new comers 21.65 2005 Pop male, 55.64 yrs 295.25 2000% Hshids move last 5 yrs 59.41 2005 Pop male, 65-74 yrs .245.511 2000 % Hshlds lived here 15 yrs 13.35 2005 Pop male, 75-84 yrs 347.81 2000 Wdian years of residence 4.25 2005 Pop male, 85+ yrs 375,13 ScanfUS, Inc. .? ?Y: (800) 272 -2687 2000/2005 Demographic Update Scan1US, Inc. S Ft Ilarrisan•.Ave AT E Druid Rd 03122101 • Aren00111 hii Ring 2005 Pop female, < 6 yrs 185.81 2005 Median non-family income 29,796.61 2005 Pop female; 6.11 yrs 208,44 2005 Hh disp inc, < 5T 143.06 2005 Pop female, 12-17 yrs 186,88 2005 Hh disp inc, ST-9,9T 388,38 2005 Pop female, 18-24 yrs 223.06 2005 Hit disp inc, i0T-14.9T 601.81 2005 Pop female, 25-34 yrs 330.63 2005 Hit lisp inc, 15T-19.9T 673.19 2005 Pop female, 35-44 yrs 550.81 2005 Hit lisp inc, 20T-24.9T 375.19 2005 Pop female, 45-54 yrs 512.50 2005 Hh disp inc, 25T-29,9T 340.25 2005 Pop female, 55-64 yrs. 345.06 2005 Hit disp inc, 30T-349T 242,63 2005 Pop female, 65-74 yrs 393.81 2005 Hh disp inc, 35T-39.9T 304.25 2005 Pop female, 75-84 yrs 712.44 2005 Hh cusp inc, 40T49.9T 269.94 ' 2005 Pop female, 85+• yrs 1,047.75 2005 Hit disp inc, 5OT-59.9T 215.31 2005 Median age 55.71 2005 Hh disp inc, 6OT-74.9T 268,69 2005 Median age, Pop male' 50.39 2005 Hit lisp inc, 7ST-99.9T 175.38 2005 Median age, Pop female 58.69 2005 Hit disp inc, 10OT-124.9T 55.50 2005 Per capita income 47,526.37 2005 Hlt disp inc, 125T-149.9T 35.69 " 2005 Total agg income M 388.77 2005 Hh disp inc, 150T-249.9T 79.75 2005 Hit, < ST 113.88 2005 Hit disp inc, 250T+ 232.94 2005 Hit; ST-9,9T 325.44 2005 Agg disp inc (M), Hshlds 295.50 2005 Hit, 10T-14.9T 492.69 2005 Avg disposable income 67,130,17 2005 Rh, 15T-19.9T 576.94 2005 Median disposable income 28,260.01 2005 Hit, 20T-24,9T .402.69 2005 Hh, I person 2,486.81 2005 Hh, 25T-29,9T 249.56 2005 Hit, 2 persons 1,299.75 . 2005 Hh, 30T-34,9T 263 2005 Hit, 3 persons 322 2005 Kh, 35T-39.9T 202.44 2005 Hit, 4 persons 194.50 2005 Hit, 40T49.9T 385,81 2005 Hh, 5 persons 66,13 2005 Hit, 50T-59.9T 220.63 2005 Hh, 6+ persons 32.75 2005 Hit, 60T-74.9T 219.25 2005 Velticlcs available 5,174.50 2005 lih. 75T-99.9T 305.61) 2005 Avg iehicles per hshld 1.18 2005 1•lh, TOOT-124.9T' 163.31 2005 Hit, 0 vehicles 418,38 2005 1.1h, 125T-149.9T 68,88 2005 1.111, 1 vehicle 2,210.13 2005 Hh. 150T-2.39.9T 134.44 2005 Hit, 2 vehicles 1,389.06 2005 Hh. 250T+ 277.31 2005 Hh, 3 or more vehicles 384.38 2005 Agg income (M), Hshld 365.34 2005 Total housing units 5,103.75 2005 Avg ltsltld income . 82,996.40 2005 Housing units, Vacant 701.81 2005 Median hshld income 34,939.27 2005 Housing units, Owned 1,644.31 2005 Agg income (M), Family 174.04 2005 Housing units, Rented 2,757.63 2005 Agg family income 103,553.97 Pop change 2000.2005, Pop change 136 2005 ivledian family income 52,898.34 Hit change 2000-2005, Hit change - 196.94 2005 Agg income (M), Non-family 191,30 2005 Avg non-family income 70,299.72 Scan/us, Inc. (800) 272.2687 r 4• 2000/2005 Demographic Update Scan/US, Inc. .S Ft Harrison Ave AT E Druid Rd 03/22/01 . ArenOOI/2 Mi Ring 2001) Population 36,184.13 2000 Pop female, < 6 yrs 1,057.44 2000 Pop, Households 34,638,13 2000 Pop fcmalc, 6-11 yrs 1,089.75 2000 Pop, Family hshlds 24,394,88 2000 Pop female, 12-17 yrs 1,045.63 2000 Pop, Non-family hshlds 10,243.25 2000 Pop fcmalc, 18.24 yrs 1,146.38 2000 Pop, Group quarters 1,546 2000 Pop female, 25-34 yrs 1,956 2000 Households 17,323.38 2000 Pop female, 3544 yrs 2,649.75 2000 Avg hsltld size 2,00 2000 Pop female, 45-54 yrs 2,435,19 2000 Hshlds, Families 9,195.75 2000 Pop female, 55-64 yrs 1,980.13 2000 Avg familysizc 2.65 2000 Pop female,'65-74 yrs 2,046,06 2000 Hshlds, Non-family 8,127.63 2000 Pop female, 75-84 yrs ' 2,342.69 2000 Avg non-family size 1,26 2000 Pop female, 85+yrs 1,745.50 2000 pop, White 28,582.25 2000 Median age - 46,38 2000 pop, Black 7,124,38 2000 Median age, Pop male 43,21 2000 pop, Am Indian 139.50 2000 Median age, Pop female 48.90 2000 pop, Asian/PI 338. 2000 Per capita total income 29,234,45 2000 Pop, Hispanic 1,534.63 2000 Agg total income (M) 1,057.82 2000 pop, Male 16,689.63 2000 Hh, < 5T 559.88 2000 pop, Female 19,494.50 2000 Hh, 5T-9.9T 1,37835 2000 Pop , ¢ 6 yrs 2,141.69 200011h, lOT-14.9T 1,659.19 2000 Pop, 6-11 yrs 2,232.13 2000 Hh, 15T-19.9T 1,930.50 2000 Pop, 12-17 yrs , 2,218.38 2000 Hh, 20T-24.9T 1,565.44 2000 Pop, 18-24 yrs 2,282.38 2000 Hh, 25T-29.9T 1,280.19 2000 Pop, 25-34 yrs 3,927.38 2000 Hh, 30T-34.9T 1,068.63 2000 Pop,'35.44 yrs 5,275.44 2000 Hh, 35T-39.9T 897.44 2000 Pop, 45-54 yrs 4,752 2000 Hh, 40T-19.9T 1,668.13 2000 pop, 55-64 yts 3,661.06 2000 Hh. 50T-59.9T 1,104.38 2000 Pop, 65-74 yrs 3,545.44 2001) Hit, C )OT-74.9T 1,118.51) 2000 Pop, 75-84 yrs 3,738.19 2000 11h, 7ST-99.9T 1,275.81 2000 Pop, 85+yrs 2,410.06 2000 Hh, TOOT-124.9T 536.31 2000 Pop male, C 6 yrs 1,084.25 2000 Hh, 125`0-149.9T 302.06 2000 Pop male, 6-11 yrs 1,142.38 2000 1-lh, 15OT-249.9T 443.13 2000 Pop male, 12-17 yrs 1,172.75 2000 Fib, 250T+ 535.06 2000 Pop male, 18-x4 yrs 1,136 2000 Agg income (M), Hshld •1,026.99 2000 Pop male, 25-34 yrs 1,971.38 2000 Avg hsltld income 59,283.28, 2000 Pop male, 3544 yrs 2,625.69 2000 Median hshld incorne 34,508.75 2000 Pop male, 45-54 yrs 2,316.81 2000 Agg income {lvt), Family 678.76 2000 Pop male, 55-64 yrs 1,680.94. 2000 Avg family income 73,812.02.. 2000 Pop malt, 65-74 yrs 1,499.38 2000 Nlcdian family income 50,000,05 2000 Pop,male, 75-84 yrs 1,395,50 2000 Agg income (M), Non-family 348.23 2000 Pop male, 85+ yrs 664.56 2000 Avg hon-family income 42,845.17 Scan1US, Inc. _ (890)272= 2687, t 2000/2005 Demographic Update ScanIU5, Inc. S Ft Harrison Ave AT E Druid Rd 03/22/01 Area00112 Mi Ring 2000 Median non-family income 25,290.82 2005 Population 36,596.31 2000 Hh disp inc, < 5T 674.1 ' 3 2005 pop, Households 35,164.19 2000 Hh disp Inc, 5T-9.9T 1,513.44. 2005 Pop, Family hsWds 23,993.50 2000 Hh disp inc, 10T-14,9T 2,172.19 2005 Pop, Non-family hshlds 11,170.69 2000 Hh disp inc, 15T-19.9T 2,220.50 2005 Pop, Group quarters 1,432.13 2000 Hh disp inc, 20T-24.9T 1,747,75 2005 Households 17,951.69 2000 Hh disp inc, 25T-29.9T 1,409.44 2005 Avg hstdd size 1.96 2000 Hh disp inc, 30T-34,9T 1,206.19 2005 Wilds, Families 9,490:19 2000 Hh disp inc, 35T-39.9T 1,205.88 2005 Avg family size 2.53 2000 Hh disp inc, 4OT-49.9T 1,352.81 2005 Hshlds, Non-family 8,461.50 2000 Hh disp inc, 5OT-59.9T 1,097.94 2005 Avg non-family size 1.32 2000 Rh disp inc, 60T-74.9T 1,100.13 2005 pop, White 28,690.19 2000 Hh disp inc, 75T-99.9T 634.19 2005 pop, Black 7,305,69 2000 Hh disp inc, 100T-124,9T 240.88 2005 pop, Am Indian 155.94 2000 Hh disp inc, 125T-149.9T 154.69 2005 pop, Asian/Pl 444.50 2000 Rh disp inc, 15OT-249.9T 257 2005 Pop, Hispanic 1,779.31 2000 Hh disp inc, 250Tt 336.25 2005 pop, Male 16,889 2000 Agg disposable income (M), Hshlds 842.56 2003 pop, Female 19,707,31 2000 Avg disposable income 48,637.30 2005 Pop, < 6 yrs 2,049,56 2000 Median disposable income 28,311.74 2003 Pop, 6-11 yrs 2,366.38 2000 Hh, 1 person 6,935.06 2005 Pop, 12-17 yrs 2,301.94 2000 1-1h, 2 persons 6,516.81 2005 Pop, 18-24 yrs 2,155.25 2000 Hh, 3 persons 1,941.56 2005 Pop, 25-34 yrs 3,414.63 2000 Hh, 4 persons 1,209.44 2005 Pop, 3544 yrs 5,706.19 2000 Hh, 5 persons 479,06 2005 Pop, 45-54 yrs 5,441.56 2000 Hh, 6-+' persons 241.44 2005 Pop, 55-64 yrs 3,673.06 2000 Vehicles available 21,309.63 2005 Pop, 65-74 yrs 3,105.94 2000 Avg %-chicles per hshld 1.23 2005 Pop, 75-84 yrs 3,717.38 2000 Hh, 0 vehicles 1,733.81 2005 Pop, 85+ yrs 2,664.44 2000 Hh, 1 vehicle 8,270 2005 Pop male, < 6 yrs 1.037.06 2000 Hit, 2 vehicles 5,570 2005 Pop male, 6-11 yrs 1,221.50 2000 Hit, 3 or more vehicles 1,740,56 2005 Pop mile, 12-17 yrs 1,214 2000 Total housing units 21,892.81 2005 Pop male, 18-24 yrs 1,060,13 2000 Housing units, Vacant 4,569.44 2005 Pop male, 25-34 yrs 1;705,75 2000 Housing units, Owned 10,303.06 2005 Pop male, 35-44 yrs 2,822.63 2000 Housing units, Rented 71020,31 2005 Pop male, 45-54 yrs 2,637.38 .2000 % Hslilds new comers 17.33 2005 Pop male, 55-64 yrs 1,698,81 21)00% Hshlds move last 5 yrs 51.38 2005 Pop male, 65-74 yrs 1,316.75 .2000 % Hshlds lived litre 15 yrs 19,30 2005 Pop male, 75-84 yrs 1,427.60 2000 Median vcars of residence 5.68 2005 Pop male, 85+ yrs 747.31 Scan/US, Inc. ._.._....__; t. t f (600) 272 - 7687 k 200012005 Demographic Update , Scan1US, Inc. S Ft Harrison Ave AT E Druid Rd 03/22/01 Aren001/2 Mi Ring 2005 Pop female, < 6 yrs 1,012.50 2005 Median non-fare ly inconte , 29,316.44 2005 Pop fcmalc, 6-11 yrs 1,144.88 2005 Hh disp inc, < 5T k 469.31 2005 Pop female, 12-17 yTs 1,087.94 2005 Hh disp inc, 5T-9.9T 1,240.63 2005 Pop female,. 18-24 yrs 1,095.13 2005 Hh disp inc, lOT-14.9T 1,838.81 2005 Pop female, 25.34 yrs 1,708.88 2005 Hh disp inc, 15T-19.9T 2,304.56 ' 2005 Pop female, 35.44 yrs. 2,883.56 2005 Hh disp inc, 20T24-.9T 1,735.94 . 2005 Pop fcmalc, 45-54 yrs 2,804.19 2005 Hh disp inc, 2ST-29,9T 1,562.13 . 2005 Pop female, 55-64 yrs 1,974,25 2005 Hh disp inc; 30T-34.9T 1,143.13 2005 Pop female, 65-74 yrs 1,789.19 2005 Hh disp inc, 35T-39.9T 1,268.31 2005 Pop female, 75-84 yrs' 2,289.69 2005 Hh disp inc, 40T49.9T 1,568.19 2005 Pop female, 85+ yrs 1,917.13 2005 Hh disp inc, 50T-59.9T 1,169.63 2005 Median age 46.90 2005 Hh disp inc, 60T-74.9T 1,341 2005 Median, age, Pop male 44.02 2005 Hh disp inc, 75T-99.9T 955.38 2005 Mcdi.an age, Pop female 49.11 2005 Hh disp inc, LOOT-124.9T . 259.31 2005 Per capita income 38,005.00 2005 Hh disp inc, 12ST-149.9T 173.50 2005 Total agg income (i41) 1,390.84 2005 Hh disp inc, 150T 249.9T 331,31 2005 Hh, -? 5T 374.50 2005 Hh disp inc, 250T+ 590.06 2005 Hh, 5T-9.9T 1,085.19 2005 Agg disp inc,(hl), Hshlds 1,084.84 2005 Hh, 10T-14.9T 1,506 2005 Avg disposable income 60,431,02. 2005 Hh, 15T-19,9T 1,890.63 2005 Median disposable income 31,861.98 2005 iih, 20T44.9'17 1,480.13 2005 Hh, 1 person 7,373.13 2005 Hh, 25T 29.9T . 1,251.88 2005 Hh, 2 persons 6,727.69 2005 Hh, 3OT-34.9T 1,223.38 2005 Hh, 3 persons 1,970.38 2005 Hh, 35T-39.9T 884,56 2005 Hh, 4 persons 1,212,44 2005 Hh, 40T49.9T 1,645.06 2005 Hh, 5 persons 456.83 2005 Hh. 50T-599T 1,252 2005 Hh, 6+ persons 211.19 2005 Hh, OOT-74.9T 1,238.38 2005 Vehicles available 20,767 2005 Hh, 7ST-99.9T 1,481.19 2005 Avg vehicles per lishld 1.16 2005 Hh. 1001-124,9T 900.73 2005 Hh, 0 vehicles 1,767,13 2005 Hh. 125T-149.9T 376 200; I-Ili, 1 Vehicle 8,777,91 200i Hh, 150T-249.9T 599.81 2005 Hh. 2 vehicles , 5,627.19 2005 Hh. 25OT+ . 763.25 2005 Hh. 3 or more vehicles 1,771.56 2005 Agg incomc (M), Hshld 1,356.82 2005 Total housing units 22,899.88 2005 Avg hshld income 75,551.78 2005 Housing units, Vacant 4,948.19 2005 Median hshld income 39,850.15 2005 Housing units, Owned 10,857.50 2005 Agg income (M), Family, 914.1 . 2 2005 Housing .units, Rented 7,094.19 2005 Avg family income 96,322,35 Pop change 2000-2005, Pop change 412.19 2005 Median family income 57,549.78 Hh change 2000.2005, Rh change 628.31 2005 Ag g income M, Non-family 442.70 2005 Avg non-family income 52,319.73 Scun/11S, Inc. `?': - , (800) 272 - 2687 200012005 Demographic Update S Ft Harrison Ave AT E Druid Rd Arca001/3 Mi Ring 2000 Population 2000 Pop, Households 2000 Pop, Family hshlds 2000 Pop, Non-family hshlds 2000 Pop, Group quarters 2000 Households . 2000 Avg hshld size 2000 Hshlds, Families 2000 Avg familysize 2000 Hshlds, Non-family,, 2000 Avg non-family size 2000 pop, White 2000 pop, Black 2000 pop, Am Indian 2000 pop, Asian/Pl 2000 Pop, Hispanic 2000 pop, Malc 2000 pop, Female. 2000 Pop, < 6 yrs '2000 Pop, 6-11 yrs 2000 Pop, 12-17 yrs 2000 Pop, 18-24 yrs 2000 Pop, 25-34 yrs 2000 Pop, 35-44 yrs 2000 Pop, 45-54 yrs 2000 Pop, 55-64 yrs 2000 Pop. 65-74 yrs 2000 Pop, 75-84 yrs 20110 Pop. 85+ yrs 2000 Pop male, < 6 yrs 2000 Pop malc, 6-11 yrs 2000 Pop male, 12-17 yrs 2000 Pop male, 18-24 yrs 2000 Pop male, 25-34 yrs :000 Pop male, 3544 yrs 2000 Pop niale, 45-54 yrs 2000 Pop male, 55.64 yrs 2000 Pop ntalc, 65-74 yrs ~ 2000 Pop male, 75-84 yrs 2000 Pop male, 85+ yrs ' scan/us, Inc. 76,023.06 74, 156.81 53,475.31 20,681.50 1,866.25 36,726.38 2.02 20,589 2.60 16,137.38 . 1.28 65,289.31 9,616.63 284.19 832.94 3,198.25 35,286.69 40,736.38 4,504.81 4,828.56 4,654.38 4,891.06 8,557.44 11,438.63 10,079.13 7,923.44 . 7,621.31 7,605.56 3,918.56 2,307.94 2,435.31 2,380.25 2,444.94 4,313,13 5,663.75 4,816.69 3,585.81 3,231.63 2,934.10 1,173 1 2000 Pop fcmalc, < 6 yrs 2000 Pop fcmalc, 6-11 yrs 2000 Pop fcmalc, 12-17'yrs 2000 Pop fcmalc, 18-24 yrs 2000 Pop fcmalc, 25-34 yrs 2000 Pop fcmalc, 35-44 yrs 2000 Pop fcmalc, 45-54 yrs 2000 Pop female, 55-64 yrs 2000 Pop fcmalc, 65-74 yrs 2000 Pop female, 75-84 yrs 2000 Pop fcmalc, 85.1-yrs 2000 Median age 2000 Median age, Pop male 2000 Median age, Pop female 2000 Per capita total income 2000 Agg total income (M) 2000 Hh, < 5T 2000 Hh, 5T-9.9T 2000 Hh, IOT-14.9T 2000 Hh, 15T-19.9T 2000 Hh, 20T-24.9T 2000 Hh, 25T-29.9T 2000 Hh, 30T-34.9T 2000 Hh, 351'-39.9T 2000 Hh, 40T-49.9T 2000 Hh, 50T-59.9T 2000 Hh, 60T-74.9T 2000 Hh, 75T-99.9T 2000 Hh, 100T-124.9T 2000 Hh. 125T-149.9T 2000 Hh, 15OT-249.9T 2000 Hh, 250T+ 2000 Agg income (MT1, 11sl9d 2000 Avg hshld income 2000 Median hshld income 2000 Agg income (M), Family 2000 Avg family income 2000 Median family income 2000 Agg income (M), Non-family 2000 Avg non-farnily income. Scan/US, Inc. 03122/01 ' 2,196.88 2,393.25 2,274.13 2,446.13 4,244.31 5,774.88 5,262.44 4,337.63 4,389.69 4,671.38 2,745.56 45.33 42.56 47.71 27,857.14 . 2,117,78 906.69 2,482.19 3,268.94. 3,749.94 3,307 2,889.50 2,360.13 2,193.25 3,732.91 2,635.88 2,824 2,904.69 1,172.44 578.63 803,44 916.63 2,083.15 56,720.90 36,507.05 1,442.32 70,052.86 49,108.55 640.83 39,711.21 (640) 272 - 2687 i 2000/2005 Demographic Update S Ft Harrison Ave AT E Druid Rd Area00113 NIi Ring 2000 Median non-family income 2000 Hh disp inc, < ST 2006 Hh disp inc, ST-9.9T 2000 Hit disp inc, IOT-14.9T 2000 Hh disp inc, 15T-19.9T 2000 Hb disp inc, 2OT-24.9T 2000 H11 disp inc, 2ST-29.9T. 2000 Hh disp inc, 30T-34,9T 2000 Hh disp inc, 35T-39.9T 2000 Hh disp inc, 40T-49.9T 2000 Hh disp inc, 5OT-59.9T 2000 Hh disp inc, 60T-74.9T 2000 Hh disp inc, 75T-99,9T 2000 Hh disp inc, 100T-124.9T 2000 Hh disp inc, 12ST-149,9T 2000 Hh disp ire, ISOT-249,9T 2000 Hh disp inc, 250Tf 2000 Agg disposable income M, Hshlds 2000 Avg disposable income 2000 Median disposable income 2000 Hh, 1 person 2000 Hh, 2 persons 2000 Hh, 3 persons 2000 Hh, 4 persons 2000 H11, 5 persons 2000, Hh, 6+ persons 2000 Vehicles available 2000 Avg vehicles per hshld 20001.111, 0 vehicles 200h0 1-111, 1 vehicle, 2000 I-1h, 2 vehicles 2000 Hit, 3 or more vehicles 2000 Total housing units 2000 Housing units, Vacant 2000 Housing units, Owned 2000 Housing units, Rented 2000 % Hshlds new comers 2000"/ Hshlds move last 5 yrs 2000 % Hshlds lived here 15 yrs 2000 Median years of residence 25,689.38. 2005 Population 1,092,75 2005 Pop, Households 2,763.25 2005 Pop, Family hshlds 4,280.88 2005 Pop, Non-family hshlds 4,472.63 2005 Pop, Group quarters 3,930.19. " 2005 Households 3,207.50 2005 Avg hshld size 2,775.75 2005 Hshlds, Families 2,717.13 2005 Avg family size 3,298.69 2005 Hshlds, Non-family 2,677.81 2005 Avg non-family size 2,489.31 2005 pop, White 1,314,94 2005 pop, Black 429.06 2005 pop, Ant Indian 264.50 2005 pop, Asian/PI 444.75 2005 Pop, Hispanic , 567.13' 2005 pop, Male 1,694.27 2005 pop, Female 46,132.21 2005 Pop, < 6 yrs 29,691,90 2005 Pop, 6-11 yrs 13,680.44 2005 Pop, 12-17 yrs 14,380.25 2005 Pop, 18-24 yrs 4,460.44 2005 Pop', 25-34 yrs 2,754.88 2005 Pop, 35-44 yrs 991.19 2005 Pop, 45-54 yrs 459.19 2005 Pop, 55-634 yrs 48,404.25 2005 Pop, 65-74 yrs . 1.32 2005 Pop, 75-84 yrs 3,735.38 2005 Pop , 85* yrs. 17,479.81 2005 Pop male, < 6 yrs 11,756.06 2005 Pop male, 6-11 yrs 3,755.13 2005 Pop male, 12-17 yrs ' 44,834.38 2005 Pop male, 18-24 yrs 8,108 2005 Pop male, 25-34 yrs 23,660.13 2005 Pop male, 35-44 yrs 13,066.25 2005 Pop male, 45-54 yrs 16,28 2005 Pop male, 55-64 yrs 48.55 . 2005 Pop male, 65-74 yrs - 21.45 2005 Pop male, 75-84 yrs 6,12 2005 Pop male, 85f yrs ScsinlUS, Inc. 03/22/41 76,021,63 74,261.63 51,886.13 22,37'5.50 1,760 37,574 1.93 20,963.75 2,48 16,610.25 1,35 64,556.94 10,077.44 320.31 1,066.94 3,799.31 ' 35,425,06 40,596.56 4,355,63 5,085.13 4,354.19 4,598,31 7,369.06 12,228.56 11,409.25 7,816.44 6,600.88 7,435.50 4,268,50 2,217,88 2,570.19 2,475.9.4 2,294,13 3,708.25 6,064.13 5,455.4.1 3;580.63 2,822.56 2,950.56 1,288,31 Scun111S, Inc. (800) 272 = 2687 f 200012005 Demographic Update S Ft Harrison Ave AT E Druid,Rd Arcj%00113 Mi Ring 2005 Pop female, < 6 yrs 2005 Pop female, 6-11 yrs 2005 Pop fcmalc, 12-17 yrs 2005 Pop 'female, 18-24 yrs . 2005 Pop female, 25-34 yrs 2005 Pop female, 35-44 yrs 2005 Pop female, 45-54 yrs 2005 Pop female, 55.64 yrs 2005 Pap female, 65-74 yrs 2005 Pop female; 75-84 yrs 2005 Pop female, 85+yrs 2005 Median age 2005 Median age, Pep male 2005 Median age, Pop female 2005 Per capita income 2005 Total agg income M' 2005 Hh, < 5T 2005 Hh; 5T-9.9T 2005 Hh, IOT-14.9T 2005 Hit, 15T-19.9T 2005 Hh, 20T-24.9T.. 2005 Hh, 25T-29.9T 2005 Hit, 30T-34.9T 2005 Hh, 35T-39.9T 2005 Hit, 40T49.9T 2005 Hit, 50T-59.9T 2005 Hit. 60T-74.9T 2005 Hh, 7;5T-99.9T 2001 Hit, 100T-124.9T 2005 I-Ili, 12ST-149.9T 2005 Hlt. 150T-249.9T 2005 Hit. 25OT4 2005 Ag,g income (M), Hshld 2005 Avg Wild income 2005 Median hshld income 2005 Agg income (M), Family 2005 Avg family income 2005 Miedian family income 2005 Agg income (M), Non-family 2005 Avg non-family income Scan/US, tac. k ScanlUS, Inc. 03/22/011 1,137.75 2,514.94 2,378.25 2,304.19 3,660.81 6,167.44 5,953.81 4,235.81 3,778.31 4,484.94 2,980.19 45.54 43.15 47.62 35,792.36 2,720.99 597.31 1,$98.38 2,849.25 3,672.31 2,954.94 2,808.38 2,682.31 1,946.50 3,770.38 2,787.25 3,033.13 3,462.38 1,967.33 762.81 1,118.19 1,263 2,682.44 .71,390.87 41,977.78 1,872.71 89,331.04 56,455.85 809.73 4$,7.48.63 2005 Median non-family income 2005 Hit lisp inc, < 5T 2005 Hit disp inc, ST-9.9T 2005 Hit disp inc, IOT-14.9T 2005 Hit disp inc; 1sT-19.9T 2005 Hh disp inc, 20T-24.9T 2005 Hh disp inc, 25T-29.9T 2005 Hit disp inc, 30T-34.9T 2005 Hit disp inc, 35T-39.9T 2005 Hh disp inc, 40T-49.9T 2005 Hh disp inc, SOT-59.9T 2005 Hh disp inc, 60T-74.9T 2005 Hh disp inc, 75T-99.9T 2005 Hh disp inc, 100T-124.9T 2005 Hh disp inc,,125T-149.9T 2005 Rh disp inc, 15OT-249.9T 2005 Hh disp inc, 250T+ 2005 Agg disp inc (M), H:hlds 2005 Avg disposable income 2005 Median disposable income . 2005 Hh, 1 person 2005 Hh, 2 persons' 2005 Hh, 3 persons 2005 Hlt, 4 persons 2005 Hit, 5 persons 2005 Hit, 6+ persons. 2005 Vehicles available 2005 Avg vehicles per hshld 2005 Hit. 0 vehicles 2005 Hit. 1 vehicle 2005 Hit, 2 vehicles 2005 Hit, 3 or more vehicles 2005 Total housing units 2005 Housing units, Vacant 2005 Housing units, Owned 2005 Housing units; Rented Pop change 2000-2005, Pop change Hit change 2000-2005, Hh change 29,730.58 74294 2,215.25 3,559 4,486.94 3,790 3,397.25 2,648.38 2,813,56 3,620,94 2,857.19 3,057.44 2,033,69 499.44 304.69 580.75 966.4.1. 2,130.73 56,707.68 33,344.08 14,362.19 14,630.75 4,483.19 2,749.50 942.81 405.56 47,053.13 1.25 3,851.13 18,202.75 11,691.81 3,828.31. 46,198.13 8,624.13 24,490.69 13,083.31 . -1.4.1 847.63 (800) 272 -2687 #I I ik r? + .., - .,,, '; ' _ `=r,• u -..._.- - ?? -r.._-;:'i D t.,l ';!1` jei .r,ly_,l1• _? 7IL j5 ti .L`•'' ? Y'j ..,_t?.. 'c.?nl.. 6e i:' rl ? ?.T .3:.;??,- ,.?.:?.E ii ?v.?.r ??... ?J i .:Y t:'_•:4w.!L IcFrEr H' :j In?r-- w , M•[ ?i ?-1 -.1? f? '' ...- r# b II } - _-_ j?.:Jt".p?l?lJl7i,•`: 3.?`, t +q f i' .--• r,: to .., ..'•J `?a';r: '`°-3? a:.'.i...i s:::'?,. ?."?Ii f7-I,-J,{f I. ,.1l It .ll ?. Ill ' I ! i' if is .:1: i_ -C? _ '--.1 [ ,..:I I I I?', I : I :_-",? i I' 11 ) :•i....._ .. ?c _ lieiculei AYe:? '?:_"'J f.:- n ..iG _'`"=r • -?`? y:?•???Y ? ?}.'l? ! ?. -.r- _-Q ? ? - ----_tJ:. ?i;:= i' ,:- - ' Gp, n,?,' •I E '?? ' ''1 . il;l 3 J t?€.•L:»:I•:_- - .rsd ?:,-?3 " ..G.j t.-_[-'1;3:,• __!?v.1.)I''._?`?': ??! ."?I',II E{[-_?.I :!tl_>".71 rij ill lmi:i _i?u:.:-,ai__._. a, _,?_U3'-=:?ifi ?t(_i_ --'•???= .. -?`rif ?. .E..wl ??ls,";C'ltS!I47.r r s°:s%CC;:.c( ir=- ?•,%?"w-R1? [,.,.-1: -IJ?._?I•I .%. -s. .t. lJ-.fir ; t --.:' '_i.':i :.; ::_m=.?': ?C??1 't ? C?3 C-: ';.?'?,i ?.,s ?.;..`,, {{ li f fli tf1 {I v { I#I`(: !,? 1 '''c•,_ ,,,'.r _: la_;Lyt; C-_3 C_. -0 'I(ii.[ tlr:.j: ui } ij iii :.ZJ-[i-; ?_.- ,..,.,;?:i 1fJ3`? ral;?a? ri •; i ul'm _ I' E ti I i ' ??l?.I N j`J `_ 11-;C-•! ._t i1 `lfli' (?lily {f{:?• I?r b # {r-• c'- ?! .i "! .,_ .r-. .[tin ^-••; ? r?•t 19 8P1 Ave. M ' ?'•r•!li:`?i'?;;•i'i1 .i? m.?'S_:` I?'i • !c: `[n.rr?l?ll? •: ' ":I, i 't;?; r, I ? ? -tla I?;;t,L!?[.I?',,,I t_:. •L.?,?.:.; ?; - :i W ?_ ?; (#?I!'•,, .> ,j!.,I ;ii V?I;I+,?• ?_-CW?i i_.(.II';'.:;?'-? ?•IL? -;f t?_ ?= ?)..+ • •7?•'i° ''#..--s -p _- >?!! ??;!+:_i_i' I<"1 i T.J. :I 1 1."! .w,? I I3.-'_ ll(•` I !.•, .!y„<.:?''' 1-.ii- 7• C_ ,1j L ?' ? I?, --i.t?t;1:!' ? ...' ,c.{}F_ ,?II• :.31 ? ? ?1 ? fl.:. il,:C•-l _I s. _.' 1; [_ (? _:1! ? !.?..'•?e.• :.•? 11 i -'i.._•, i-?. I?:E A la -a G"i /-? ?uno i`1,?IL T} to •r .; 'U'°,Tc d'' - =' .:._i:..„W t- is r ( _ ?.. '. =3.? = ?(Ip>il?? LIE :i .. ., 1._l[ ,et rll t? i:l# c: i!' i ' i • ii a:;r. ,i?r; b 'r I •` - ,-,1:'_f'?! 1'l G'', l! (.1 L 7 f# ij ,# ±Y? ;i ?^ 'F:'?^;" ;f !'' '? i' ,:,.1•.??IU?'. l..?El.fi.l, 'i"? 1 -_i ,!.rwr, ,, II ii' ;? pp,? ';'•[-r?, ?1-[+M' Ave ??,r?? -I'-,r•F--° :ir• , .r I ? '[iat:l c_'?.il-al:ic`•??r:.'j (1°;? ??.?"?'p`?N' ?•-1{'? r,,I W?''..'i ?'I,..`!.:: `1?'?' ?'' F I; I:-;3 I : ??'f•- ?:? . ?. v.A'?'Vw.'p14:1 '?JC:7 (1,;.•J_ r•V oi.E ?.1.?1i. `d,? :, 1 LI.' _..-1:- l? f0l' , i'lii :,, .I ?I ._ ,YI:?'?i,' •l Ql'-'} r-T: Al 1?.: ?`.',i." .I .. k ?'? ??..?1,:3i? i[•:jrrS?l`?i??C-}:-, yll? 7_?.;l.iWa?l r- ;tj' ;' .JS. .r, •' fi.'i x.13 -?•CC`?a ` ;?• C ?• ?. -.E -" i°.?•,{?-..,., ,i, ii?I 'n)l'.:rl,ic v i .ecy.i•.. .. i . ;'i? -•?3 3 iL''. Les-?° ' t3 jJ!- 'd. }, .r?:•.' •'F 'r. 1;l, t' ,.. 0. m Q} ro O cu C.? ?c t'6 a O a? v w a' 4 v L N U G pC ? b ? ?7 n a P w ?o z` N ?oo L w >aME N f. aw oi~ $ ? q n O 0 t' O ? 1o 9F R8 ?U Oi fl1d 0 z n Q 8U U00 2000/2005 Demographic Update Clearwater (FL): ' All Objects on Current Layer: (Polygons002 2000 Population 23,224,19 2000 Pop, Households 21,812.56 2000 Pop, Family hshlds 14,736.25 2000 Pop, Non-family hshlds 7,076,31 2000 Pop, Group quarters 1,411.63 2000 Households 11,059.50 2000 Avg hshld size 1,97 2000 Hshlds, Famili--s 5,563 2000 Avg familysize 2.65 2000 Hshlds, Non-family 5,496.50 2000 Avg non-family size 1.29 2000 pop, White 15,536.69- 2000 pop, Black 7,396.25 2000 pop, Am Indian 106.81 2000 pop, Asian/Pl 184.44 2000 Pop, Hispanic 1,147.56 2000 pop, Male 10,630 2000 pop, Fcmalc 12,594.19 2000 Pop, < 6 yrs 1,621.56 2000 Pop, 6-11 yrs 1,691.56 2000 Pop, 12-17 yrs 1,592.69 .2000 Pop, 18-24 yrs 1,648.50 2000 Pop, 25-34 yrs 2,799,25 2000 Pop , 35-4.5 yrs 3,550.69 2000 Pop, 45-54 yrs 2,820.25 2000 Pop, 55-64 yrs 1,935.19 2000 Pop, 65-74 ) rs 1,783.81 2000 Pop. 75-84 yrs 2,130.06 2000 Pop, 85+ yrs 1,650.63 2000 Pop male, <6 yrs 807.06 2000 Pop male, 6-11 yrs 851,31 20010 Pop male, 12-17 yrs 824.63 2000 Pop male, 18-24 yrs 812.88 2000 Pop male, 25-34 yrs 1,415.38 2000 Pop male, 3544 yrs 1,770 2000 Pop male, 45-54 yrs 1,369 2000 Pop male, 55-64 yrs 888.50 2000 Pop male, 65-74 yrs 714.75 2000 Pop male, 75-84 yrs 735,69 2000 Pop male, 85+yrs 436.81 Scan/US, Inc.' 2000 Pop fcmalc, < 6 yrs 2000 Pop female, 6-11 yrs 2000 Pop female. 12-17 yrs. 2000 Pop female, 18-24 yrs 2000 Pop female, 25-34 yrs 2000 Pap female, 35.44 yrs 2000 Pop female, 45-54 yrs 2000 Pop female, 55-64 yrs 2000 Pop female, 65-74 yrs 2000 Pop female, 75-84 yrs 2000 Pop female, 85+yrs 2000 Mcdian age 2000 Median age, Pop male 2000 Median age, Pop female 2000 Per capita total income 2000 Agg total income (lvi) 2000 Hh, < 5T 2000 Hh, 5T-9.9T 2000 Hh, IOT-14.9T 2000 Rh, 15T-19.9T 2000 Hh, 20T-24.9T 2000 Hh, 25T-29.9T 2000 Hh, 30T-34.9T 2000 Hh, 35T-39.9T 2000 Hh, 40T-49.9T 2000 Hh. 5OT-59.9T 2000 Hh. 60T-74.9T 2000 Hh, 751'-99.9'r 2000 Hh, IQOT-124,9T 20011 H h. 125T-149.9T 2000 Hh. 150T-249.9T 2000 Hh, 250T+ 2000 Agg income: (M), Hsh1d 2000 Avg hshld income 2000 Median hshld income 2000 Agg income (M), Family 2000 Avg family income 2000 Median family income 2000 Agg income (M), Non-family 2000 Avg non-family income Scan/US, Inc, • 09127100 814.50 846.25 764.06 835.63 1,383.88 1,780.69 1,451:25 1,046.69 1,069.06 1,394,38 1,213,81 43.40 40.17 45.86 23,657.40 549.42 409.75 1,029 1,271.69 1,409.88 1,101.44 872.13 737.31 698.69 1,037.9.1 647,44' 611.13 603.44 183.25 93.38 125,50 225.50 520.05 47,022,71 28,375.29 294.98 53,024.51 38,17.3,1 ! 225.07 40,9.48.30 (800) 272 .'2687 " I 1 I I ' 1990 Basic Demographics. Clearwater (FL)' All Objects on Current Layer: (Polygons002) 90 population (Census) 24,744.31 80-90 %Population change -4.64 90 Households 10,892.81 80-90 °/aHouschold change -3.14 90 Pop, Group quarters 1,562.69 90 Pop, in hshlds 23,181.63 90 Avg household size 2.13 80 Population (C,cnsus) 25,949.31 80 Households 11,246,31 80 Pop, group quarters 1,508 80 Pop, in hshids 24,441.31 80 Avg household size 2.17 90 Pop. Male 11,398,73 90 Pop, Female 13,345.56 90 Pop, White 18,182 90 Pop, Black 6,156.75 90 Pop, Ant Indian 87.94 90 Pop, Asian/PI 113.31 90 Pop; Other Race 204.31 90 Pop, Hispanic 774.69 90 Pop, < 5 yrs 1,533.69 90 ?op, 5-9 yrs 1,348.13 90 Pop, 10-14 yrs 1,235.38 90 Pop, 15-17 yrs 732.9- 90 Pop, 18-19 yrs 529.13 90 Pop, 20-24 yrs 1,567.31 90 Pop. 25-34 yrs 4,166.19 90 Pop. 33-14 yrs 3,299.44. 90 Pop, 45-54 yrs 2,217.44 90 Pop, 55.04 yrs . 2,089.44 90 Pop, 65-74 yrs 2,482.56 90 Pop. 75+ yrs 3,538.81 ' 90 Median Age 40.97 90 Pop, Single male 2,883.31 90 Pop, Single female 2,361,19 90 Pop, Married 8,490.56 90 Pop, Sep/dv/wdivd male 2,205.50 t)o Pop, Scp/dv/tvd",d female 4,771.63 90 Hshlds, Nonfumily 5,240.44 911 Nonfam hh, 1-person 4,344,56 90 Pop, Nonfantily 90 Avg nonfamily size 90 Hshlds, Family. 90 Family hh, W/children 90 Pop, Family 90 Avg family size 90 Family hh, Married couples 90 Fam hh, Married w/children 90 Pop, under 1.8 90 Pop <19, in married cpl faro 90 Avg children in marrd cpl fam 90 Fam hh, Other ' ' 90 Fam hh, Other %v/children 90 Pop <18, in other families 90 Avg children in other families 90 Pop,, 16 years and over 90 Pop 16+, in civ,labor force 90 Labor force, Workers 90 Workers, tivhite collar 90 Workers, blue collar 90 Pop, 25 years and over 90 Pop 25+, compl high school 90 Pop 25+, compl college . . .90 Avg household income 90 Agg household income (ND 90 Median household income 90 Households, owner 90 Households, renter 90 Housing units 90 HUnits, Occupied 90 HUnits, Vacant 90 Avg hotnc value 90 Agg home value (M) 90 Median home value 90 Avg rent 90 Agg rent M 90 Median rent 90 HUnits, 1 unit 90 HUnits, 2 units 90 l{Units, 34 units 6,857,13 1.31 5,652.38 2,558106 16,324.50 2.89 3,792,06- 1,365.94 4,850.13 2,352.63. 1.72. 1,860,31 1,192.13 1,652.94 1.39 20,390.88 12,091.9# 11,303.31 5,312,31 5,991 17,793.88 12,942.56 2,600.06 27,763.53 302.42 21,188.39 5,247,31 5,G4S.SU 12,509 10,892.81 1,61G.I9 8),824.50 429.36 76,897.62 358.80 2.03 429.62 6,524.13 1,206.50 814.56. Scan/US, Inc, (800) 272 2687 ,I 2000/200S Demographic Update Clearwater (FL) All Objects an Current Layer; (Polygons002) 2000 Median non-family income 231945.01 2005 Population 2000 Hfi disp inc,. < ST 485.50 2005 Pop, Households 2000 Hh disp Inc, ST-9.9T 1,123.13 2005 Pop, Family hshlds 2000 Hh disp inc, lOT-14.9T 1,670.38 2005 Pop, Non-family hshlds 2000 Hh disp inc, 15T-19.9T, 1,559,44 2005 Pop, Group quancrs 2000 Hit disp inc, 20'1'-24,9T .. 1,206,38 2005 Households 2000 Hh disp inc, 25T-29,9T 1,011.75 2005 Avg hshld size 200013h disp inc, 30T-34.9T 853.25. 2005 Hshlds, Families 2000 Rh disp inc, 3ST-39.9T 731.63. 2005 Avg family size 2000 Hh disp inc, 40T-49,9T- 788.06 2005 Hshlds, Non-family 2000 Hh disp inc, 50T-59,9T ' 579.94 2005 Avg non-family size 2000 Hh disp i nc, *60T-74.9T 501.44 2005 pop, White 2000 Rh disp inc; 7STr99.9T 212.75 2005 pop, Black 2000 Hit disp inc, 10OT-124.9T 65.88 2005 pop, Am Indian 2000 Hh disp inc, 125T-149.9T . 37.06 2005 pop, Asian/Pl 2000 Hh disp inc, 150T-249.9T 78 2005 Pop, Hispanic 2000 Hh disp inc, 250Tf 154.94 2005 pop, Male 2000 A'&g disposable income (M), Hshld: 470.35 2005 pop, Female 2000 Avg disposable income • 42,529.24 2005 Pop. < 6 yrs 2000 Median disposable income 23,839.32 2005 Pop, 6-11 yrs 2000 Hh, 1 person 4,758.31 2005 Pop, 12-17 yrs. 2000 Hh, 2 persons 3,573.25 2005 Pop , 18-24 yrs 2000 Hh, 3 persons 1,331.94 2005 Pop , 25-34 yrs 2000 Hh, 4 persons 857.38 2005 Pop , 35-44 yrs 2000 Hh, 5 persons 342.69 2005 Pop, 45-54 yrs 2000 Hit, 6+ persons 195.94 '2005 Pop, 55-64 yrs 2000 Vehicles available 14,007.75 2005 Pop, 65-74 yrs 2000 Avg vehicles per hshid 1.27 2005 Pop. 75.84 yr; 2000 Hit, 0 vehicles 1,038.25 2005 Pop, 85+ yrs 2000 Hh, 1 vehicle 5,345.69 2005 Pop male, < 6 yrs 2000 Hit, 2 Vehicles 3,575.94 2005 Pop male, 6-11 yrs 2000 Hh, 3 or more vehicles 1,099.63 2003 Pop male, 12-17 yrs 2000 Total housing units 12,5S4.31 2005 Pop male, 18-24 yrs 20110 Housing units, Vacant 1,524,81 2005 Pop male, 25-34 yrs 2000 Housing units, Owned 5,494.38 2005 Pop male, 35.44 yrs 2000 Housing units, Rented 5,565.13 2005 Pop male, 45-54 yrs 2000 % Hsitlds new comers 19.87 2005 Pop male, 55-64 yrs 2000%, Hshids move last5 yrs 55.25 2005 Pop male, 65-74 yrs 2000 % Hshlds lived here 15 yrs 18.60 2005 Pop mate, 7S-84 yrs 2000 Median years of residence 4.85 2005 Pop male, 85+ yrs Scan1US, inc. - Scan/US, Inc. 09/27/00 23,539.56 22,244,06 14,548.06 7,696 1,295.50 11,178,06 1.99 . 5,450.06 2.67 5,728 1,34 15,749.69 7,434.25 ,118.31. 237.31 1,333.50 10,751.69 12,787.88 1,552.75 1,779.25 1,654.63 1,519.31 2,434.06 3,834.63 3,236.19 1,968.25 1,591.13 2,137.25 1,832.13 77831 900.69 845.06 747.81 1,222.13 1,902,31 1,559.13 900.56 644,44 765,13 486.13 2 (SOU) 272 1187 200012005 Demographic Update Scan/US, Inc. Clearwater (FL) 09/27/00 All Objects on Current Layer: (Polygons002) 2005 Pop fcmalc, < 6 yrs 774.44 2005 Median non-family income 27,601.48 .2005 Pop fcmalc, 6.11 yrs 878.56 2005 Hh disp inc, < 5T 345 2005 Pop female, 12-17 yrs 805.56 2005 Hh disp inc, 5T-9.9T 907.75 2005.Pop fcmalc, 18 24 .yts 771.50 2005 Hh disp inc, IOT-14.9T ' 1,380.56 2005 Pop fcmalc, 25-34 yrs 1,211.94 2005 Hh disp inc, 15T-19.9T 1,670,13 2005 Pop female, 35.44 yrs 1,932.31 2005 Hh disp inc, 20T-24.9T 1,187.06 2005 Pop fcmalc, 45-54 yes 1,677.06 2005 Hh disp inc, 25T-29.9T 1,006.75 . 2005 Pop female, 55-64 yrs 1,067.69 2003 Hh disp inc, 30T-34.9T 819.25 2005 Pop fcmalc, 65-74 yes 946.69 2005 Hh disp inc, 35T-39.9T 833.69 2005 Pop fernale, 75-84 yes 1,372.13' 2005 Rh disp inc, 40T-49.9T 917.50 2005 Pop fcmalc, 85+ yrs 1,346 2005 Hh disp inc, 50T-59.9T 657.13 j 2005 Median age 44.55 2005 l•lh disp inc, 6OT-74.9T 645.13 2005 Median age, Pop male 41.54 2005 Hh disp inc, 75T-99.9T 361.38, 2005 Median age, Pop female 46.67 2005 Rh disp inc, 100T-124.9T 80.81 2005 Per capita income 29,256.54 2005 Hh disp inc, 125T-149.9T 38.63 2005 Total agg income (M>) 688.69 2005 Hh disp inc, "150T249.9T 88.63 2005 Hh; < ST 272.94 2005 Hh disp inc, 250T+ 238.69 2005 Hh, 5T-9.9T 783.25 12005 Agg'disp inc (M1), Hshlds 602.08 2005 Hlt, LOT-14.9T 1;123.50 2005 Avg disposable income 53,862.87 2005 Hh, 15T-19.9T 1,432.88 2005 Median disposable income 26,729.00 2005 Hl-L,-20T-24.9T ' 999.56 2005 Hit, 1 person 4,970 2005 11h, 25T-29.9T 858.13 2005 Hh, 2 persons 3,564.19 j 2005 Hh, 30T-34.9T 788.69 2005 Hh, 3 persons 1,317.88 2005 Hh, 35T-39.9T 601.94 2005 Hh, 4 persons 843.81 2005 Hh• 40T-49.9T 1,148.69 2005 Hh, 5 persons 320.38 2005 Hh, 50T-59.9T 728.06 2005 Hh, 6+ persons 161.81 2005 Hh. 60T-74.9T 728.69 2005-Velticies mailable 13,595.31 j 2005 Hh. 75T-99.9T 757.56 2005 Avg vehicles per hshld 1.22 20115 Hh. 100T-124.9T 358.50 2001 Hh, 0 vehicles 1,099.69 2005 Hh. 125T-149.9T 119.69 2005 Hh. 1 vehicle 5,488.69 2005 Hh. 150T-249.9T 188.#-4 200; 11h, 2 vehicles 3,478.25 2005 Hh, 250T+ 287.56 2005 Hh, 3 or more vehicles 1,111.44 2005 Agg income (M), Hshld . 657.19 2005 Total housing units 12,742.06 2005 Avg Wild income 58,793.16 2005 Housing units, Vacant 1,564 2005 Median hshld income 32,662.48 2005 Housing units, Owned 5,665.81 2005 Agg income (M), Family 367.20 2005 Housing units, !tented . 5,512.25- 2005 Avg family income 67,374.91 Pop change 2000-2005, Pop change 315.38 2005 Median family income 42,630.80 Hh change 2000-2005, Hh change 118.56 2005 Aga income (M), Non-family 290.00 2005 Avg non-family income 50,627.81 Scan/US, Inc. (800) 272 - 2687 a , DAYTIME DEMOGRAPHICS BUSINESS-FACTS:' DAYTIME EMPLOYMENT REPORT .' (BUSYNESS FACTS: ALL BUSINESSES) BY EQUIFAX NATIONAL DECISION SYSTEMS 800-866-65k1 PREPARED FOR Florida Power Corporation CLEVELAND ST CLEARWATER, FL COORD: 27:57.94 8k:47.81 -.rr..-r..-r-......r....--------------------------------.-----------r-..---,r--,. --- 1.00 MILE BUSINESS EMPLOYMENT ---------------RADIUS--------------- BY TYPE 0 BUS I EMPS ,IF91PS/BUS :--------------------------------•-----------------_------------------------- TOTAL BUSINESSES 1268 29695 23.4 RETAIL TRADE 198 1541 7.8 HOME IMPROVEMENT STORES 7 62 8.9 GENERAL MERCHANDISE STORES 3 68 2247 FOOD STORES 24 206 8.3 AUTO DEALERS & GAS STATIONS 15 86 5:7 .. APPAREL & ACCESSORY.STORES 10 .36 3.6 FURNITURE/HOME FURNISHINGS 25 145 .5.8 EATING & DRINKING PLACES 43 474 11.1 MISCELLANEOUS RETAIL'STORES 71 479 6.6 FINANCE-INSURANCE•-REAL ESTATE 134 1154 8.6 ` BANKS, SAVING & LENDING INST '24 339 14.1 SECURITIES BROKERS & INVEST 21 189 9.0 INSURANCE CARRIERS & AGNCS 27 181 6.7 ,REAL ESTATE-TRUST-HOLDING CO 62 446 7.2. , SERVICES 630 2081' 33.0 HOTELS 6 LODGING 5 56 11.2 PERSONAL SERVICES 108 43? 4.0 BUSYNESS SERVICES 130 905 7.0 MOTION PICTURE & AMUSEMENT 21 168 8.0 HEALTH SERVICES 146 17480, 119.7 LEGAL SERVICES 110 586 5.3 EDUCATION•SERVICES 15 327 21.8. SOCIAL SERVICES 43 453 10.6 OTHER SERVICES 52 415 8.0 AGRICULTURE 6 23 3.8 MINING 2 34 17.0 CONSTRUCTION 47 513 10.9 MANUFACTURING t 5p 539 9.2 TRANS, COMMUN/PUBLIC UTIL 22 796 36.2 WHOLESALE TRADE 56 362 6.5 GOVERNMENT 115 3920 34.1 DAYTIME POPULATION 29695 DAYTIME POP/BUS 23.4 RESIDENTIAL POPULATION 11338 RESIDENTIAL POP/BUS - 8.9 qi : 100 , , 'fr :.lam tom'. Clearwater City Commission Wnrksesslon tram #: Final Agenda item # Agenda Cover Memorandum Meeting Bate: 09.06-01 SUBJECT/RECOMMENDATION: Accept a Pinellas County Deed conveying a 3,188 square foot portion, more or less, of Sand Key Park in the Southwest T/4 of Section 17, Township 29 South, Range 15 East, as more particularly described in said deed, and approve a Declaration of Unity of Title of said parcel with a 15,000 square foot portion of Gulf Boulevard right-of-way on Sand Key formerly utilized as the old Clearwater Pass Bridge tool plaza, as the combined parcels, containing 18,188 square feet, more or less, are more particularly described in said Declaration, 19 and that the appropriate officials be authorized to execute same. SUMMARY: • The Clearwater Fire Department proposes to construct a new 7,000 square foot split-level fire station to serve residents of south Clearwater Beach and Sand Key. • Development of the site plan on the limited portion of the former Sand Key toll booth parcel required unacceptable operational and esthetic compromises. • The City Manager petitioned Pinellas County to convey the essentially 10` X 300' strip of Sand Key Park abutting the western boundary of the toll booth parcel to provide sufficient land for an effective drive-through station on the ground floor with living and sleeping quarters above. • At its meeting on August 7, 2001 the Board of County Commissioners approved the conveyance of the additional strip of land that, when combined with the portion of the former toll booth parcel, will provide an adequate site for construction of a functional and aesthetically pleasing station. • Authorizing the City Manager to execute a Declaration of Unity of Title of the County parcel and the former toll booth parcel will assure that the two parcels will always be considered as a single parcel for development purposes, until such time as the City Manager may rescind such Declaration. Ra?+iawod b Legal Budget NA Purchasing NA Risk Mgmt NA Into Srvc NA Public Works DCMIAC Fire De Originating Dept:,yl Costs NA Public Works (B. Barrett) Total User Dept. Fire Attachments A copy of the doed and Declaration of Unity of Title is on file with the City Clark. Submitted by: City Manager ZV (X ] Locator Map Prinlnrl nn rneurlnrl nnnnr fSnnrf Wnu GC Slln Ann nh nrt n4 rlnrl Current FY 0 P.. 914!1 CI . OP Other Funding Source: r i nrATnP - NEAP Proposed Sand Key Fire Station ##51 Site COUNTY DEED T141S DEED, made this 1;& day of , 2001 between PINELLAS COUNTY, FLORIDA, a political subdivision.of the State of Florida, Attn: Real Estate Managemen't Division, 201 Rogers Street, Clearwater, FL 33756,'party of the first part, and the. CITY OF CLEARWATER, party of the second part, whose mailing address is P.O. Box 4748, Clearwater, FL 33758=4748. , That the party ofthe first part, for and in consideration of the sum;of $ 10.00 to it in hand paid by the party of the second part, receipt whereof is hereby acknowledged, has granted, bargained and sold to the party of the second part, its successors and assigns forever, the following described land, lying.and being in Pirellas County, Florida: See Exhibit "A" attached hereto, and made a part hereof,, Subject to Easements and Restrictions of record. SUBJECT TO the condition that if said Property ever ceases to be used for a Fire Station for thirty (30) consecutive days, title to the Property shall revert to Pinellas County. IN WITNESS WHEREOF, the said party of the first part has caused these presents to be executed in its name by its Board of County Commissioners acting by the Chairman of said Board, the clay and year aforesaid. ATTEST: KARLEEN? F. DE BLAKER PINELLAS COUNTY, FLORIDA, Clerk of the Circtiit Court by and through its Board of County. Commissioners By: By: .,,-.-Deputy Clerk Chairman (Official Seal) EXHIBIT "A" THIS IS NbI A SURVEY TFERE MAY BE ADDITIONAL RESTRICTIONS AFFECTING THIS PROPERTY THAT MAY BE FOUND IN' 1'HE PUBLIC RECORDS Or THIS COUNTY. THIS LEGAL DESCRIPTION AND SKETCH WAS PREPARED VATHOUT THE BENEFIT OF A TITLE POLICY. BEARINGS ARE BASED UPON: See legal description and sketch City of Clearwater, Pinellas County, Florida Legal Description: A portion of :that certain property lying within Fractional Section 17, Township 29 South, Range 15 East, Pinellas County, Florida, being more particularly described as follows: Commence at the Southwest corner or Section 17, Township 29 South, Range 15 East, Pinellas County, Florida; Thence N89'10'31"E, along the South. line of said Section 17, for 775.05 feet to the point of intersection with the northwesterly Right--of--Way line of Gulf Boulevard (County Road 708) as described in Official Records Book 1342, page 275 of the Public Records of Pinellas County, Florida; Thence leaving said South line, N42'13'31"E, along said northwesterly Right-of-Way line (being the basis of bearings for this legal description). for 1282.77 feet to a northwesterly Right--of-Way corner of said Gulf Boulevard, some being Station 83+50.00, 50.00 feet left (Westerly) of the centerline between sold Station 83+50.00 and Station 86+50.00 as described in said Official Records Book 1342, page 275; Thence N47*46'29 W, continuing along said northwesterly Right--of--Way line' for 50.00 feet to a northwesterly Right=of-'Way, corner of said Gulf Boulevard, some being Station 83-1-50.00, 100.00 feet left (Westerly) of said centerline between Station 83+50.00 and Station 86+50.00, same also being the POINT OF BEGINNING; Thence leaving said northwesterly Right-of-Way line, continue N47'46'29" W, for 22.50 feet; Thence N42' 13'31 "E, . along a line 22.50 feet northwesterly of. and parallel with said northwesterly Right-of--Way line, westerly of the centerline between Station 83+50.00 and Station 86+50.00, far 15.00 feet; Thence S47'46'29"E, for 12.50 feet; Thence N42'13'31"E, along. a line 10.00 feet northwesterly of and parallel with said northwesterly Right--of--Way line, westerly of the centerline between Station 83+50.00 and Station 86+50.00, for 285.00 feet; Thence S4746'29"E, for 10.00 feet to a northwesterly Right-of-Way corner of said Gulf Boulevard, some being Station 86+50.00, 100.00 feet left (Westerly)' of the centerline between Station 83+50,00 and Station 88+50.00; Thence S42"13'31 V, along said northwesterly Right-of-Way line, for 300.00 feet to the point of beginning. CONTAINING 3,188 SQUARE FEEL. OR 0.073 ACRES, MORE OR LESS. Closure 0.00 feet, 7/27/2001 SKA. e-PARED FOR: The City - of Clearwater Legal :ALE: DATE: retied N/A 7/27/2001 0083061 Description and Sketch of 10-00 foot acquisition parcel CRA'AN: 04ECKEO: CC: SKA LLH RMP SECT1CN: TOWNSH:P: RAINGE; 17 29 S 15 E THE GROUP, INC Englneers•Flanntn•Su?surlaea Utility Englneers• Survayars and Mappers 380 Part Place Blvd, Su1te 300, Ctearrater, Floelda 33739 Telephone (127) 531-3505, Famrnae (727) 339-1294 Cirrtikote of Autharitatlan: LB 8866 State of Florida NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. DATE SIGNED: _/z Cbj SCOTT K. ACKER PROFESSIONAL SURVEYOR AND MAPPER LICENSE NUMBER LS 6045 STATE OF FLORIDA Sheet 1 of j i F THIS IS kM A SURVEY THERE: MAY BE ADDITIONAL RESTRICTIONS AFFECTING THIS PROPERTY THAT MAY BE FOUND' IN THE PUBLIC RECORDS OF THI$ COUNTY, THIS LEGAL DESCRIPTION ' AND SKETCH WAS PREPARED VATHOUT' THE I BENEFIT OF A TITLE POLICY. BEARINGS ARE BASED UPON: See legal description and sketch City 'of Clearwater,.Pinellas' County, Morldo MATCH LINE SEE SHEET 3 1 < 2; 0 30 ' 60 120 Z i ? 50 (D I ) g > .r POC 5Nl _j o CORNER, I C3 SW 1/4, L- I i 7-295- I Sir .j ABBREVIATIONS:. CDR= CORNER CR= COUNTY ROAD (D1)= DENOTES OFFICIAL RECORDS BOOK 1342, PAGE 275 DATA LT= LEFT POB= POINT OF BEGINNING POC= POINT OF COMMENCEMENT R/W= RIGHT-OF--WAY aREPARE° FOR, The City of Clearwater SHEET DESCRIPTION: Legal Description and Sketch of 10.00 foot acquisition' parcel SCALE DATE: ravraad CRANK: CHECKED: AC: NOT VALID WITHOUT THE SIGNATURE AND 1??60' . 7?2#?20H]# SKA LLH RMP THE ORIGINAL RAISED SEAL OF A FLORIDA rce NO.: SEC11CM TOYMSHIP. RANGE: LICENSED. SURVEYOR AND DAPPER. 008306# 17 29 S 15 E DATE SIGNED: .?7 j? T13E GROUP, INC. lrngineers•Planner$,SubSUrfaCd UPH.Y t:nglneers- Surw}ers and happen SCOTT K. ACKER 3aa Park Place Blvd, 5ult. 300, PROFESSIONAL SURVEYOR AND MAPPER Clearwater, Florlda 33784 LICENSE NUMBER LS 8045 STATE OF FLORIDA Telephone (727) 531-3505, Facalmae (727) 334-1494 Cartllicate of Authaeltatlan; W eaas Sheet 2 of state at Florida THIS I5 t2 A SURVEY I7IERE -MAY BE ADDITIONAL RESTRICTIONS AFFECTING THIS PROPERTY THAT MAY BE FOUND IN THE PUBLIC RECORDS OF THIS COUNTY, THIS LEGAL DESCRIPTION AND SKETCH WAS PREPARED WITHOUT THE BENEFIT OF A TITLE POLICY. BEARINGS ARE BASED UPON: See legal description and sketch SUBJECT PROPERTY AREA = 3,188 SQUARE FEET OR 0.073 ACRES, MORE OR LESS LINE TABLE LINE BEARING LENGTH L1 N47'46'29"W 22.50' L2 N42`13'31 "E 15.00' L3 S47'46'29"E 12.50' L4 N 42"13'31"E 28-5.00' L5 S47'46'29"E i 0.00' L6 S42'13'31 "W 300.00' City of Clearwater, Pinellas County, Florida L5 °I 1 oj 0_j .)C) Uo I I B;: Q B? z I. eLn < tr) to L I\ C3 03 0 ,30 60 120 r-, a? z m o 10.00' u- . ., y _j I I o0'(01) I 50'(o I) . LtJ ^ Q o_j o? O U 32 rv? I I •' z ¢° ¢e^ I 22.50' L3 1 ? 00 . j 1 POB L1 Na7•ae'z9~vr ' NfATCH LINE S EE SHEET 2 50.00 ? _ - I I ck? Q a Lej 0 Z Le)' c-- 0 U W AEPAaE° MR: The City of Clearwater SHEET DESCRIPPON: Legal Description and Sketch of 10-00 foot acquisition parcel SCALE: DArej revised DAMN; CHECKED: CC: NOT VALID VATHOUT THE SIGNATURE AND 10p60' 712712001 5KA LLH RMP THE ORIGINAL RAISED SEAL OF A FLORIDA :09 No.: SECRON: TO NSNfP: RANGE: LICENSED SURVEYOR AND MAPPER. 0083061 17 29 S 15 E DATE SIGNED: TBE OUP, INC. Englnears•Flenoers•Swbsurloce UI ly Englneers• Surveyors cnd Pepperx SCOTT K. ACKER 390 Porte Place 61vd, Suite Sao, PROFESSIONAL SURVEYOR AND MAPPER Clearwater. Florida 33759 LICENSE NUMBER LS 6045 STATE OF FLORIDA Tdephane (727) 53131--330 3303, Foss'unHe (777) 339-129 Certirieate of Authorisation: L9 6668 Sheet of 3 State of Florida i Earl Barrett Engfneerfng Dept. City of Clearwater R.O. Box 4748 Clearwater, Fl. 33758.4748 DECLARATION OF UNITY OF TITLE KNOW ALL MEN BY THESE PRESENTS, that pursuant 'to the ordinances of, the CITY OF CLEARWATER, FLORIDA, a Florida Municipal corporation, pertaining to the issuance of building permits and regulating land development activities, the undersigned authority, by and on behalf of the CrTY OF CLEARWATER, FLORIDA,. the fee owner of the following described real property situated in" the City of Clearwater, County of Pinellas and State of Florida, to wit: SEE EXHIBITS "A", "B" AND "C" ATTACHED HERETO AND A PART HEREOF.. does hereby make the following declaration of conditions, limitations and restrictions upon said lands, hereafter to be known and referred , to as a DECL RA770N OF UNITY OF 771ZE, as to the following particulars: 1. That the aforesaid plot or combination of separate parcels, acreage or portions thereof, shall hereafter be regarded as and is hereby declared to be unified under one title as an indivisible building site. 2. That said property shall henceforth be considered as one parcel of land, and that no portion thereof shall be sold, assigned, transferred, conveyed or devised separately except In its entirety as one parcel of land. 3. That this Declaration of Unity of Title shall constitute a covenant to run with the land as provided by law, and shall be binding upon the undersigned, and the successors and assigns of the undersigned, and all parties claiming under it until such time as same may be released in writing under .the order of ' 'the. City Manager of the City, of Clearwater. The' undersigned agrees that this instrument shall be recorded in the Public Records of Pinellas County, Florida. Page 2 Declaration of Unity of Title By: City of Clearwater,.Florida Re:' SW'/a Sec. 17, Twp; 29S, Rge. 15E Signed, witnessed ' and acknowledged this day of ' 2001 at Clearwater, Florida. CITY OF CLEARWATER/ FLORIDA By: WITNESS signature William B. Horne, II, City Manager Print WITNESS name . Attest: WITNESS signature. Cynthia E:'Goudeau, City Clerk Print WITNESS name STATE OF FLORIDA SS COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this day of ' 2001 by William B,. Horne, II, as City Manager of the City of Clearwater, Florida, who is personally known to me, for the City of Clearwater, Florida, a Florida Municipal Corporation. (seal) Notary Public -- State of Florida Print/Type Name Approved as to form: ane Hayman, Asst nt City Attorney EXHIBIT "A" (PAGE ?. OF ?) (Former Toll Booth Parcel) 2. 'LECAL DESCRIPTION: (Created by TBE Group, Inc.) A portion of that certain Right--of---Way lying within 100 feet Westerly of the centerline between Station 83+50 and Station 86+50, less the East 50 feet thereof, as described in Official Records Book 1342, . page 275 of the Public Records of Pinellas County, Florida, lying within the Southwest 1/4., of Section 17, Township 29 South, Range 15 East, Pinellas County, Florida, being more particularly , described as follows: Commence at the Southwest corner of the Southwest 1/4 of. Section 17, Township 29 South, Range 15 East, Pinellas County, Florida, (having coordinate values of North 16500.72 feet, East 31452.98 feet based on the Pinellas County Grid System); Thence N89'10'31 "E, along the' South line of said Southwest 1/4, for 775.05 feet to the point of intersection with the northwesterly Right-of--Way line of Gulf Boulevard (State Road 208) as described in Official Records Book 1342, page 275 of the Public Records of Pinellas County, Florida; Thence along sold northwesterly Right-of-Way line the following four (4) courses; (i ) Thence leaving said South line,,,N42'13'31 "E, (being the basis of bearings for this legal description), for 1282.77 feet to a northwesterly Right-of-Way corner of said Gulf Boulevard, some-being Station 83+50.00, 50.00 feet left (Westerly) as described, in said Official Records Book 1342. page 275, same also being the POINT'OF BEGINNING; (2) Thence N4746'29"W, for 50.00 feet to a northwesterly Right---of-Way corner of said Gulf Boulevard, some being, Station 83+50.00, 100.00 .feet left (Westerly) as . described in said Official Records Book 1342. page 275; (3) Thence N42' 13'31 "E, for 300.00 feet to a northwesterly -Right--of-Way corner of said Gulf Boulevard, some being Station 86+50.00, 100.00 feet left (Westerly) as described in said Official Records Book 1342, page 275; (4) Thence S47'46'29"E, for 50.00 feet to • a northwesterly Right-of--Way corner of said Gulf Boulevard, some being Station 86+50,00, 50.00, feet left (Westerly) as described in said Official Records Book 1342, page 275; Thence leaving aforesaid northwesterly Right-of-Way line, S42' 13'31 "W, along a line 50.00 feet ' East of and parallel with said northwesterly Right-of-Way' line, Westerly of the centerline between Station 83+50.00 and Station 86+50.00, for 300.00 feet to the point of beginning. Containing 15,000 square feet or 0.344 acres, more or less. EXHIBIT "A''(PAGE 2' OF 2) (FormerTol! Booth Parcel) • SIri ?• I.1? ' ' :;? fl??: I• +? S 4 NA7'4B'29"W(L.F) : ° i? }l l j rr?, •v -r,:,3 r,?'•,?,tfJ? l..i i' moo, ! [ ?r `,? A., A '? lys i'fn?t i ??•, t,ar Y°. " ! 11! 11? ? fry;. •ru.ti. ?z 7?,;?1 ! ? ! 1 F ?>i V/ > ? ??' ?; i . I r{•?' , •rf fr;?rrr ??Y-QY, t ?. 1 ? ;s i I ?., ` }? ?` )dl la 11 1 i g 1 y?\ I 1I ! r1t _ ?. , ,v W-1? 1f 1?•d`5' ''`? ?,? +S ?, jF_ ? IT ? \ /r, ?:° ' ? 1.41• ??r ? ? ' ti 1 i':'V ? r! Ts To r -+• 1 l ? -?? ? ? ? • 3 N i Lr 1 [?- MxJ !I r I{ yj 4 ?-?? ??. a 11 L p?? ??a I •1 "'r rl.? ? '•? '?+ ?rl rll?I •'+?r 1 r, ,.?. •°; } ?f y' U'?„f1t.'r .•109'(01) i :r'• 1,,?.I? r rr III I eN,,• w 1 Irr f fir, 4r''. f I• !I i r' r I q 1 1, ! ! { ,, I i?? 1 1 l I '+,f1 [.fll y r rrr','r f t CD I. 111 1 t t!!': t'• r, '• 1 .? 1 i 049 ltt.'? i iii r r 1 r, f o +•4 ?Q. TIP 1 1 t 1 r[f,'r ? w 1 1 ' {:E111I ly ? I'L 'j I.fll'b r ? 111.',1 ?' ? 't ? w l 1 O ' I •N.I r i I ?? a ? L-? Ire let jlli 11 r rfl' I u 1 1? } • ;?,9Y. ,JlI1 11 1 ill'•f ? 0 1 5 y? I rr?,,. f It l r4 ; IIr'• ,i $, ? ? ? $ 1 ?,1?? 1 I t,• 1 1 H rl rI 1 k't?i yr 1 7 "R I r f '•,'fi q { (D }} ! II 1 4 I I f? f1 = a _ . fF`i +r T f. 61 ' F. Y. S 4 i I ltd I.•rl r t1?. 1 °rt' ? 1 Q y 1 i.. 1 r. I I I• '. I d } ? ' 4 t t i 'i 1 11} } ? k I I r t 1 !. 4, I'', _ `L 1 ' t If ? 9?J 1 I•'? rr II I'I ? +r, 1 } L• I 1 I i ? If I r . 'I 1 ?I'?r, r ° "? q ?' rte` I 1}t tr ?•t I r r' r I n I I I bl .} 1' 1 1 f i i 'S9'(l} I, 4 I t f' 1! f. I t ii I S dF • P r I.KI 11 3rlt i ?r .: .. c I `+i t P;t 5;547'46'xn•e(L.F) f I 1[ .! i• I, •S"' 1 I f ?.? m y 50,00'(L.F) 3h ? ! 4 ?, ?Ilr ? I e I rl , •,., ,?.; I 4 I I I' ll.c?;•, . t51:.?::r:'?i r r I I ? 4 - ? ? i THIS IS NOT A SURVEY ..?_ -- --- -----?__._ THERE MAY 6E A00111CNAL P,ESTPiCTJGNS AFFECTING THIS PROPERTY THAT ',iAY SE FOUND IN THIE PUBLIC RECORDS CF THIS COUNTY. THIS LEGAL DESCRIPTION AND SkEETCH WAS =P.EPAREi7 `NiTHOUT THE BENEFIT OF A TITLE POLICY. BFARitNGS APE EASED UPON: See leccl cescrioticn and sketch EXHIBIT "B" PAGE 1 OF 3 City of Clearwater, Pinellas County, Florida (Acquisition Parcel from Pinellas County) Legal- Description: 1 A portion of that certain property lying within the Southwest 1/4 of Section 17, Township 29 South, Range 15 East, Pinellas County, Florida, being more particularly described as follows: Commence at the Southwest corner of the Southwest 1 /4 of Section 17, Township 29 South, Range 15 East, Pinellas County, Florida, (having coordinate values of North 16500.72 feet, East 31452.98 feet based on the Pinellas County Grid System),-Thence N89' 10'31 "E, along the South line of said Southwest 1/4, for 775.05 feet to the point of intersection with the northwesterly Right-o€-Way line of Gulf Boulevard (State Road 208) as described in Official Records Book 1342, page 275 of the Public Records of Pinellas County, Florida; Thence leaving said South line, N42'13'31 "E, along said northwesterly Right--of-Way line (being the basis of bearings for this legal description), for 1282.77 feet to a northwesterly Right--of--way corner of said Gulf Boulevard, some being Station 83+50.00, 50.00 feet left (Westerly) as described in said Official Records Book 1342, page 275; Thence N47'46'29"W, continuing along said northwesterly Right-of--Way line, for 50.00 feet to a northwesterly Right-of-Way corner of said Gulf Boulevard, same being Station 83+50.00, 100.00 feet left (Westerly) as described in said Official Records Book 1342, page 275, some being the POINT OF BEGINNING; Thence leaving said northwesterly Right-of-Way line, continue N4746'29"W, for 22.50 feet; Thence N42'13'31"E; along a line 22.50 feet northwesterly of and parallel with said northwesterly Right-of-Way line, westerly of the centerline between said Station 83+50.00 and Station 86+50.00 as described in said Official Records Book 1342, page 275, for 15.00 feet; Thence S4746'29"E, for 12.50 feet; Thence N42'13'31 "E, along a line 10.00 feet northwesterly of and parallel with said northwesterly Right-of-Way line, westerly of the centerline between said Station 83+50.00 and Station 86+50.00, for 285.00 feet; Thence S4746'29"E, for 10.00 feet to a northwesterly Right-af-Way corder of said Gulf Boulevard, some being said Station 86+50.00, 100.00 feet left (Westerly); Thence S42'13'31"W, along said northwesterly Right-of--Way line, for 300.00 feet to the point of beginning. CONTAJNING 3,188 SQUARE FEET OR 0.073 ACRES, MORE OR LESS. Closure 0.00 feet, 7/13/2001 SKA. NOTE: The geometry pertaining to the parcel of tend being described herein is solely based upon the geometry as described on the retard documents es noted and Is subject to a proper field boundary survey. No parent Instrument for the parcel of land being Cescribetl hereln wa! supplied to the s- .1 PREPARED °R: The City of Clearwater SHEET DESCRIPTION: Legal Description and Sketch of 10.00 foot acquisition parcel SCAtf: OATS; revised GRA%1.4: CNECMED: CC: NOT VALID v?IT'rCi.S F THE SrGNA'FURE AND 1"=80' 7/13/2001 SKA LLH RMP Tr„; CRIGI.NAL RMSE-0 SEAL C7 A FLORIDA J09 No.: SECTICN: TOKNSHtP: RANGE. LICENISED SURVEYCF AND MAPPER. 0083061 17 29 S 15 E DATE SIGNED: •'?f ??'tf r PEEPARED Y.. TBE GROUP, INC. f ?f ineers•Planners- Subsurface Utility Engr}teers• En ?-- g Surveyors and Mappers IRE SCOTT K. ACKER 390 Pcrt Place Blvd. Suite 300. . Flor!da 33759 Clearwater PRC"FESSION AL SUPVEYOR,, AND MAPPER , ;ulenhene (727) 531-3505, Fcrulmile (727) 539-1294 LICENSE NUMOER LS 60A,5 STATE OF FLCRIOA Certrflcoto of Authortzatlon; LS 6665 l Sheet ; of 3 Crnda State at F THIS.IS M-A SURVEY THERE MAY . BE= ADDITIONAL RESTRICTIONS AFFECTING IIHIS PROPERTY THAT MAY BE FOU140 IN THE PUBLIC. RECORDS OF THIS COUNTY, THIS LEGAL DESCRIPTION AND SKETCH WAS PREPARED WITHOUT'THE BENEFIT OF. A TITLE POLICY, BEARINGS ARE BASED UPON: See legal description and sketch City of Clearwater, Pinellas County, Florida EXHIBIT 1113" (PAGE 2 OF3) MATCH LINE SEE SHEET 3 (acouisition Parcel from Pinellas County) ? l 1 f 1 L4 in n r 0 30 60 120 z ¢ w M . f ? ?VK 1 1 ' ?? (01) 50 2 5 Pt7C, SW CORNER, I m p SW. 1/4, O I 17-29S--15E -? 72 f l N 16500. ' ) 31452.98 (Di) I j E I ABBREVIATIONS: COR= CORNER (D1)= DENOTES OFFICIAL RECORDS BOOK 1342, PAGE; 275 DATA LT= LEFT pOB= POINT OF BEGINNING POC=POINT OF COMMENCEMEPJT RAW= RIGHT-OF-WAY NOTE: The geometry pertaining to the parcel of land being described herein is sclely based upon the geometry as described an the record document, as noted and Is subject to a proper field boundary survey. No parent instrument for the parcel of land being described herein was supplied to the surveyor. PREPARED FOR, The City of Clearwater SHEET DESCRIPTION: Legal Description and Sketch of 10.00 foot, acquisition parcel SCALE: PATE: noised DRAM. CHECKED: OC: NOT VALID WITHOUT THE SIGNATURE AND 1"=60' 7/13/2001 SKA LLH RMP THE ORIGINAL RAISED SEAL OF A FLORIDA ,lee IIa.: SECnCN: TOWISHIP: RANGE; LICENSED SURVEYOR ND ? APPER, 0083061 17 29 S 15 E DATE SIGNED: / L ,l EREPARED BY TBE GROUP, INC. / inears •Pfarlners•Subsurface Utility rngincers. Ln --- ? - g Surveyors and Mappers SCOTT K, ACKER 390 Park Place Blvd, Suite Sod, Clearwater, Florida 33759 PROFESSIONAL SURVEYOR AND MAPPER Tole phone (727) 531-3505, Foaaimile (727) 539-1294 LICENSE NUMBER LS 6045 STATE OF FLORIDA Certificate of-Authorization: LB 6669 2 Of sheet State of Florida THIS IS M A SURVEY THERE MAY BE ADDITIONAL RESTRICTIONS AFFECTING THIS PROPERTY THAT MAY 8- FOUND IN THE PUF3LIC RECORDS OF THIS COUNTY. THIS LEGAL DESCRIPnON AND SKETCH WAS PREPARED WITHOUT THE BENEFIT OF A TITLE POLICY. BEARINGS ARE BASED UPON. See legal description and sketch EXHIBIT "B" (PAGE 3 0"3 (Acquisition Parcel from Pinellas County) SUBJECT PROPERTY AREA = 3,188 SQUARE FEET OR 0.073 ACRES, MORE OR LESS -? LINE TABLE LINE BEARING LENGTH L1 N47 46'29"W 22.50' L2 N42*13'31 "E 15.00' L3 S47046'29"E 12.50' L4 N42'13'31 "E 285.00' L5 S47'46'29"E 10,00' L6 S42*13'31 "W 300.00" Y a. w z to z 0 U in kr.1 z a City of Clearwater, Pinellas County, Florida o; i 2 i 0 30 50 120 r ? 00 i ? z m ' L ° 10.00 J CDt n l - v .100'(D1) I 50'(D1} I O-1 0r O ' 0 0 3 ° I z 2: ¢° a° I I 221.50' L3 00 03 N47'46'29''W MATCH LINE SEE SHEET 2 50.04' I NLTT'E: The gecmetry pertaining to the parcel of land being described hereto 1s scleiy based upcn Inc geometry as described on the record documents as noted and 13 subject to a proper field boundary survey. No parent instrument for the parcel of land being described herein was supplied to the survoycr, IPREPARED FOR: The C i t v of Clearwater I Legal_ SCALE,. UATi: rev43ed . 1"=60' 7/13/2001 J08 ft. 0083061 Description and Sketch of 10.00 foot acquisition parcel DRAWN: CHECKED: ac: SKA LLH RMP SEG1 M. . TOWNSHIP: RANGE: 17 29 S 15 E MPAREn BY, TBE GROUP, INC. Englneers•Planners- Suasurlace UINly Engineers. Surveyors and Mappers 380 Park Place Blvd, Suite 300. Clearwater, Flerldo 33759 Telephone (727) 531-3505, Facsimile (727) 539-1294 Certificate of Autho•ixatlan; :B 8668 State of Florida NOT VALID WTHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. DATE SIGNED: ;;;1/,4--z cel- SCOTT K. ACKER PROFESSIONAL SURVEYOR AND MAPPER LICENSE NUMBER LS 6045 STATE OF FLGRIDA Sheet -.L. of 3 !) THIS IS IU. A SURVEY THERE MAY BE ACDITIONAL RESTRICTIONS AFFECTING THIS PROPERTY THAT MAY BE FOUND IN THE PUBLIC RECORDS OF THIS COUNTY. THIS LEGAL DESCRIPTION AND SKETCH WAS PREPARED WITHOUT THE BENEFIT OF A TITLE POLICY. BEARINGS ARE 9ASED UPON: See legal description and sketch EXHIBIT "B" PAGE 3 OF 3 (Acquisition Parcel from Pinellas County) PREPARED FOR: The C i t v of C l e a r w a t e r SUBJECT PROPERTY AREA 3,188 SQUARE FEET . OR 0.073 ACRES, MORE OR LESS-,- LINE TABLE LINE BEARING LENGTH Lt N47'46'29"W 22.50' L2 N42"13'31 "E 15.00' L3 S47'46*29"E 12.50' L4 N42'13'31 "E 285.00' L5 S4746'29"E 10.00' L6 S42"13'31 "W 300.00 City of Clearwater, Pinellas County, Florida a ? C 00 tn ZC I f 0 30 60 120 jo M ai LL- a J ca fin I z z? < a? I l 22.50'- L3 + + m w .Na i /POB _? N47'46'29"wL1MATCHI LINE SEE SHEET 2 50.00' I I NOTE: The geometry pertaining to the pcrcei of lend being described herein is solely based open the geometry-as described an the retard documents as noted and is subject to a proper field boundary survey. No parent instn,enent for the percel of fond being aes?-.ibed herein was suoalled to the survevrr. Legal Description and Sketch SCALE; JDATE: revised DRAWN, CHECKE3; QC: "=fi0' 7/13/2001 SKA LLH RKIP JOB No.. SECTICU, TOWNSHip; RANGE: 0083051 17 29 S 15 E of 10.00 foot acquisition parcel PRER&HEn_U- TBE GROUP, INC. Enginears-Ptanners•Subsurface Utility Engineers- Surveyars and Mappers 380 Park Place Blvd, Suite 300, MIME Clearwoter, Flwido 33754 Telephone (727) 531-3505, Facsimile (727) 538-1284 Certillcate of Authorizatlam LS 6666 State of Florida NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR ANC MAPPER. DATE SIGNED: SCOTT K. ACKER PROFESSIONAL SURVEYOR AND MAPPER LICENSE NUMBER LS 5045 STATE OF FLORIDA Sheet 3 of 3 THIS IS M A SURVEY THERE MAY BE AUDI TIC, IAL RESTRICTIONS ,5,FFECTI,'iG THIS PPOPERTY THAT F: AY BE FOUND I'N THE PUBLIC FECORDS OF THIS COUNTY. .THIS LEGAL' DE=SCRIPTION AND SKF T CH WAS PREP.yRED '74THOU T THE BENEFIT OF A' TI TLE POLICY. BEARINGS ARE BASED UPON: See legal descrip:#on and sketch EXHIBIT "C" (PAGE 1 OF 3) City of Clearwater, Pinellas County, Morlda (Unified Parcels - Fire Station #51 Site) A portion of that certain property lying within Fractional Section 17, Township 29 South, Range 15 East, Pinellas County, Florida, being more particularly described as. follows: Commence at the Southwest corner of Section 17, Township 29 South, Range 15 East, Pinellas County, Florida; Thence N89'10'31 "E, along the South line of said Section 17, for 775,05 feet to the point of intersection with the northwesterly Right-of-Way line of Gulf Boulevard (County Road 208) as described in Official Records Book 1342, page 275 of the Public Records of Pinellas County, Florida; Thence leaving said South line, N42'13'31 "E, along said northwesterly Right-of-Way line (being the basis of bearings for this. legal description), for 1282.77 feet to a northwesterly Right-of-Way corner of said Gulf Boulevard, same being Station 83+50.00, 50.00 feet left (Westerly) of the centerline between said Station 83+50.00 and Station 86+50.00 as described in said Official 'Records Book 1342, page 275, same also being the POINT OF BEGINNING; Thence N47'46'29"W, continuing along said northwesterly Right-of---Way line and its northwesterly extension, respectively, for 72.50 feet; Thence N42'13'31 "E, along a line 22.50 feet northwesterly of and parallel with said northwesterly Right-of-Way line, westerly of the centerline between Station 83+50.00 and Station 86+50.00, for 15.00 feet; Thence 547'46'29"E, for 12.50 feet; Thence N42'13'31 "E, along a line 10.00 feet northwesterly of and parallel with said northwesterly Right-of-Way line, westerly of the centerline between Station 83+50.00 and Station 86+50.00, for 285.00 feet; Thence S4746'29"E, along the northwesterly extension of said northwesterly Right--of-Way line, and said northwesterly Right-of-Way line, respectively, for 60.00 feet to a northwesterly Right-of-Way corner of said Gulf Boulevard, same being Station 86+50.00, 50.00 feet left (Westerly) of the centerline between Station 83+50.CO and Station 86+50.00; Thence !eaving said northwesterly Right-of-Way line, S42' 13'31 "W, along a fine 50.00 feet northwesterly of and parallel with said centerline between Station 83+50.00 and Station 86+50.00, for 300.00 feet to the point of beginning. Containing 18,188 square feet or 0.418 acres, more or less. Closure 0,00 feet, 8/9/2001 SKA. PREPARED FOR: The City of Clearwater SHEET OESCRiP nCN: Legal Description and Sketch of Proposed Sand Key Fire Station #51 SCAtr: N/A OA'E: 8/9/2001 ORAIhN: CHwCTSEO: CC: NOT VALID 1A1IHOU T THE SIGNATURE AND SKA LLH RMP THE ORIGINAL RAISED SEAL OF A FLORIDA X09 No.: SECTION: TOANSHIP: RANG; LICENSED S'rN E.YC.R NO I4rlr.9PER. 0083061 17 29 S 15 E DATE SIGNED: r TBE GROUP, INC. Engincers•Plonners•Subsurlace Utility £nginears• Surveyors and Mappers SCOTT K. ACKER 380 Park Place 81vd, Suite 300, Clearwater Florida 33759 PROFESSIONrI. `iiJRVC?'CRAND MAPPER , Telephoner ('727) 531-3505, FOCSImTC (727) 539-1294 LICENSE NUMBER LS 3u4-L STATr OF FLORIDA Certillcate of Authcrizullon: L9 6658 State of Florida meet of 1 E THIS IS NOT A SURVEY THERE MAY BE ADDITIONAL RESTRICTIONS AFFECTING THIS PROPERTY THAT MAY BE FOUND IN THE PUBLIC RECORDS OF THIS COUNTY. THIS LEGAL DESCRIPTION AND SKETCH WAS PREPARED WITHOUT THE BENEFIT OF A TITLE POLICY. BEARINGS ARE BASED UPON: See legal description and sketch City of Clearwater, Pinellas County, Florida EXHIBIT "C"PAGE 2 OF MATCH LINE SEE SHEET. 3 (unified Parcels -? Fire Station #51 Site) u t• !? co ' [V a7 a 30 60 120 y 50'(D1) POG Sw _j o CORNER, m N U SW 1/4, 17-29S-15E ABBREVIATIONS: COR= CORNER CR= COUNTY ROAD (D1)=DENOTES OFFICIAL RECORDS BOOK.1342, PAGE 275 DATA LT= LEFT POB= POINT OF BEGINNING POC= POINT OF COMMENCEMENT R/W= BIGHT-OF-WAY PREPARED FOR: The • C i t of 'C! e a r w a t e r. SHEET DESCRtPT1014: Legal Description and Sketch of Proposed. Sand Key' Fire Station #51 SCALE: DATE: . ' DRAWN: CHECXED: OC: NOT VALID 'IATHOUT THE SIGNATURE AND 10=60, 8/92001 SKA LLH RMP THE ORIGINAL RAISED SEAL OF A FLORIDA JOB No.: SECTION: TOWNSHIP: RANGE: LICENSED S1.PVEYCR AND MAPPER. 0083061 17 29 S 15 E DATE S!GNED, PREEAREn BY: % f TBE CROUP, INC. i!G:r7' Engineers .Planners-Subsurface Utility Engineers Surveyors and Mappers SCOTT K. ACKER Silo Pork Place Blvd, Suite 300. PROFESSIONAL. SURVEYGR AND MAPPER Clearwater, Florida 33759 LICENSE v!UMBER LS E0 , 5 STATE' OF FLORIDA Telephone (727) 531-3505, Facatm[la (727)'539-129 Certificate of. Authorization: t.9 6688 S?yggt 2 of Stott or Florida THIS. IS &U- A SURVEY THERE MAY BE AWTIONAL RESTRICTIONS AFFF-CT114C THIS PRD:'ERT`f THAT MAY BE FOUND iN THE PUBLIC RECORDS OF THIS COUNTY. THIS LEGAL DESCRIPTION AND SKETCH WAS PREPARED WITHOUT THE BENEFIT OF A TITLE POLICY. BEARINGS ARE BASED UPON: See legal descriptian and sketch EXHIBIT "G" PAGE 3 OF 3) (Unified Parcels -- Fire Station ##51 Site) 1' 1w EXTENSION SUBJECT, PROPERTY AREA = 18,188 SQUARE FEET OR 0,418 ACRES, MORE OR LESS --? LINE TABLE LINE BEARING LENGTH L1 N47646'29"W 72.50' L2 N42"13'31 "E 15.00' L3 S47'46'29"E- 12.50' L4 N 42'13'31 "E 285.00' L5 S47'46'29"E 60.00' L6 S42'13'31 "W 3010.00` 0 30 60 120 City of Clearwater, Pinellas County, Florida I L5 NW R/W 01) 50' a /L) Q + / '+' v \ .?. f I 0/ co Q CL LLJ Y Z° rrr o 7 V) .? z _j o mCZ4 F? 1 D.00, u- Z o U 100 01) 50'(D1) J lx.l .. Q -j j? V ? /L 3L Z ¢to 22.50' L3 co cc NW A/W (E11) P013 NW EXTENSION L1 I MATCH, LINE SEE ?SHE?T 2 FRt PARED FOR, The C i t v of Clearwater Legal SCALE:. 1"=60' J06 No.: Description_ OATE: CRAM: 8/9/2001 1,,WA 0083061 and- Sketch of Proposed Sand Key Fire Station #51 CHECKED; CC: NOT VALID WITHOUT THE SIGNATURE AND LLH RMP THE ORIGINAL RAISED S)E'NL OF' !'1 FLORIDA SECTION: TOWNSHIP: RANGE. LICENSEw yIJRVEYOrR AND MAPPER. 1 17 29 S 15 E. y A' PREPARED BY.- TBE GROUP, INC En g4wers.Planners•Subsurfcce UNlltr E7glr7ecrs Surveyors and Mcppers 380 Park Ploce Blvd, Suite 300, Clearwater, r=lerldo 33759 Telephone (727) 531-3505, Facsimile (727) 539-1294 Certificate of Authorisation: LB 66613 State of Florida DA.IL ZWNED: SCOTT I(. ACNER PROFESSIONAL SURVEYOR AND MAPPER LICENSE NUMBER LS 6045 STATE OF FLORIDA Sheet 3 of .3 Cleat-water City Commission Worksessian Item Agenda Cover Memorandum Final Agenda Item # Meeting Date: SUBJECT/RECOMMENDATION: Approve revision to an agreement with Clearwater Housing Authority (CHA) to allow City to be prepaid for expenses rather than to be paid on a reimbursement basis © and that the appropriate officials be authorized to execute same. SUMMARY: • On April 5, 2001, the City Commission approved an agreement with Clearwater Housing Authority (CHA) to provide additional police services to Jasmine Courts and Homer Villas for a two-year period in exchange for $132,949 in federal grant funding. • The Police Department has been advised by CHA that the Department of Housing and Urban Development (HUD) is requiring that CHA expend 50% of the $132,949 in HUD grant funds no later than September 7, 2001. • The current'agreement requires that the Police Department invoice CHA for the police services at Jasmine Courts and Homer Villas on a reimbursement basis after the services have actually been performed. Because the additional police officers were only hired in June 2001, under the current agreement it would be impossible for CHA to expend 50% of the grant funds by September 7, 2001. • CHA is now requesting. that the City invoice CHA in advance for the police services and agrees to prepay the City for police services at Jasmine Courts and Homer Villas. A revised agreement . reflecting the appropriate changes to Article V, Compensation to the City, has been prepared and is available for review in the City Clerk's Department. • CHA has been granted authorization by HUD to revise its agreement with the. City and to prepay the City utilizing HUD grant funds for the additional police services at•Jasmine Courts and Homer Villas. • The total amount for which the City can be reimbursed under the agreement remains unchanged at $132,949. Reviewed Originatin Dept:. Costs Legal Info Srvc NIA Police 'total NIA Budget Public Works NIA Prepared by. Janet Skinner Funding Source: Porch A DCM/ACM User Dept. Current . NIA Cl NIA FY Risk Mgmt NIA 'Other !A Police N"'P. OP NIA rh,'% Attachments Other NIA Submitted by: City Manager 1A X None Appropriation Code: 181-99303 Panted on recycled caner Raw. 2198 v? y ,y Clearwater. City Commission Agenda Cover Memorandum Worksession Item #: f=inal Agenda Item ft Meeting Date: y- & - of SUBJECT/RECOMMENDATION: Approve an Interlocal Agreement for the Enforcer Geographic Information System (GIS) between ?, t+ Pinellas County, permitting the sharing of geographic information across law enforcement jurisdictional boundaries within Pinellas County, 91 and that the appropriate officials be authorized to execute same. SUMMARY: • Section 163.01,,Florida Statutes permits local governmental units to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage providing data of a geographic and economic nature for the benefit of local communities. • In 1996 the City of Clearwater entered into an agreement with Pinellas County based on the Substance Abuse Advisory Board (SAAB), Weed and Seed grants and matching contraband forfeiture funds to implement the Enforcer Geographic Project for shared information between Pinellas County and the Clearwater Police Department. • The County, through its Department of Justice Coordination, and the Clearwater Police Department GIS staff developed a law enforcement data initiative known as the "Enforcer Geographic Information System (GIS)". O GIS has proven to be a technological tool for use in crime analysis. The County, through its Department of Justice Coordination, is willing to coordinate input and access to data sharing and crime mapping through the Enforcer GIS. • With the installation of the Police Department's new Record Management System, Clearwater's data will soon be included in the Enforcer data base. • The Clearwater Police Department and the County concur that a participation agreement is necessary to establish the relative responsibilities and obligations of each party as to data sharing and access. • Because of the nature of the data, the Enforcer System is for law enforcement purposes only. • There is no cost to the. City for access/sharing of data under the terms of this agreement This agreement is for an undetermined length of time subject to a standard sixty (60) day request by either party to terminate the agreement. • A copy of the Interlocal Agreement is available for review in the City Clerk Department. Reviewed by: - Legal k - - Info Srvc n/a Originating Dept- Police L ? Costs Total -a- Budget a Public Works n/a Prepared by: Funding Source: Joan Martell Purchasing n/a DCM/ACM User Dept. Current f]- Cl ? FY Risk Mgmt n/a Other n/a Police OP Attachments Other Submitted by: 7&U 4" X None City Manager -- --- Appropriation Code. PrinInd nn recvcled naner Rev. 2/9B 1 , INTERLOCAL AGREEMENT FOR THE ENFORCER GEOGRAPHIC INFORMATION SYSTEM Y . o? THIS INTERLOCAL ' AGREEMENT (hereinafter "Agreement") is made and entered into' this day of 2001, by and between PINELLAS COUNTY, a political subdivision 'of the State of Florida (hereinafter "COUNTY"), represented by its Board of County Commissioners, and the CITY OF CLEARWATER, FLORIDA, located in Pinellas County (hereinafter "AGENCY"). WITNESSETH:. WHEREAS, geographic information systems are a proven technological tool for use in crime analysis; WHEREAS, the COUNTY and the AGENCY recognize that sharing geographic information across law enforcement jurisdictional boundaries within Pinellas County is essential for effective crime analysis and crime prevention; WHEREAS, the COUNTY, through its Department of Justice Coordination, has developed a law enforcement data initiative known as the "Enforcer GIS;" WHEREAS, the COUNTY, through its Department of Justice Coordination, is willing to coordinate input and access to data sharing and crime mapping through the Enforcer GIS; WHEREAS, the COUNTY and AGENCY agree that a participation agreement is. necessary to establish the relative responsibilities and obligations of each party as to data sharing and access; and WHEREAS, both the COUNTY and AGENCY have the authority to enter into this Participation Agreement pursuant to Section 163.01, Florida Statutes. NOW, THEREFORE, in consideration of the mutual covenants and agreements hereinafter contained, it is agreed by and between the parties hereto as follows:. 1. Term of Agreement This Agreement shall be in effect from the date of execution, and shall remain in . effect thereafter and until a party to this agreement exercises the incorporated cancellation clause pursuant to paragraph five (5) of this agreement. 2. Scope ,A. The COUNTY, through the Department of Justice Coordination, agrees to act as the coordinator of the Enforcer GIS to facilitate both the input 'of and access to law, enforcement. data for use by participating law enforcement agencies to analyze and prevent criminal activity. B. The AGENCY shall retain all the rights of ownership to its AGENCY data, irrespective of the inclusion of its data in the Enforcer GIS. The AGENCY agrees that it is authorizing input of, and access to, its data for the sole purpose of extending the usefulness of the data by participating law enforcement agencies for crime detection and prevention throughout Pinellas County. C. The COUNTY and the AGENCY agree to the following: 1) Each party shall abide by the Enforcer GIS policies set forth in the Enforcer. GIS Policy Document. (attached hereto) 2) Each party shall participate in the Enforcer GIS Steering Committee. 3) Each party agrees ,to bear its own startup and maintenance costs related to the Enforcer GIS Project as specified in the GIS. Policy Document, Section 4.2 (a) -- (h). (attached . hereto) 2 4) Each party agrees that. it is subject to and obligated to comply with the requirements of Chapter 119, Florida Statutes, Each party shall ensure that any. of its data which is, deemed confidential, exempt, or both from disclosure under Florida law shall be protected from unauthorized inspection. 3. Amendment of the A reement This Agreement maybe amended only by written agreement by the parties. f t 4. Assignment No assignment of this Agreement shall be allowed without the prior written permission of all parties under execution of this Agreement. a. Cancellation Each party reserves the right to withdraw from this Agreement without cause by giving sixty (66) days prior notice in writing thereof, or with, cause if, at any time either party fails to fulfill or abide by any of the terms specified herein. Failure of either party to comply with any of the material provisions of this Agreement shall be considered a material breach of the Agreement and, shall be 'cause for . immediate termination of the Agreement. 6. Fiscal Non-Fundinq ' In the event sufficient budgeted funds are not available for either party for a new fiscal period, the affected party shall notify the other of such occurrence and this Agreement shall terminate on the last day of the then current fiscal period of said party without penalty or further expense to either party, 7. Insurance Each party agrees to maintain liability insurance, or self-insurance, to the limits as set forth in. Florida Statute 768.28. 3 S. , Indemnification Each party .agrees to indemnify' each other to the extent allowed by law, and each party shall be responsible for its own acts or omissions, or both, in the performance of this Agreement. 9. Governing L_aw } The laws of the State of Florida shall govern this Agreement. , 10, Independent Status of the Parties The parties agree that neither is an agent, employee, partner, nor joint venture of ; the other. Each party acknowledges that it is responsible for complying with.all• ' federal and state laws and local ordinances. 11. Severability The terms and 'conditions of the agreement shall be deemed to be severable. Consequently, if any clause, term, 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 impossible to perform, 12. Documents Comprising the Atreement This contract shall include.this Agreement, as well as the Enforcer GIs Policy Document, which is attached hereto and incorporated herein by reference. If there is a conflict between the terms of this Agreement and the GIs Policy Document, the terms this Agreement shall supercede the GIS Policy Document. 4 By: Brain J. Aungst William B. Horne, 11 Mayor-Commissioner City Manager Approved as to form: Attest: Robert J. She Cynthia E. Goudeau Assistanttity Attorney City Clerk Vie' •• n.F? ,r,t'..?1 '.l!' ?Y. Y.- `r! nl., :.f ?' .rla!• .0" S, M I > ± 1 " '- ? ? }} is ?• r? .c '' i'r - • . ;;t,''ntt?triri.r.f:.` ., .. r. .. :1: .,.L....r?:'Ir,.,l.. ".r?,.M, _ _.,'..... .. , -" .. .:. .'•e.,•.. ,. .,. 'ii :: Ic. The ENFORCER Geographic information' System ' POLICY, r • of , • ` ' ? .. . .. , ? r ? . L ? r !{ r .. f r f DEFINITIONS 'CRIME MAPPING - The process of visualizing the occurrence of crime on a map for comparison and analysis. ENFORCER PROJECT- Enterprise data initiative designed to.integrate law enforcement data across jurisdictional boundaries, establish crime mapping and analysis capabilities, and develop secure and efficient infrastructure for system delivery. ENTERPRISE SYSTEM - Shared system- across' an organization in which all of the' participants benefit from the efforts other participant's, This design aids in eliminating costly redundancy of systems and efforts. GEOGRAPHIC INFORMATION SYSTEM(GIS) -- Information. System with geographical referencing to allow users to visualize objects and records in their geographic space on earth. MAPGUIDE -- Autodesk°s web-based mapping application that allows any user to access information through a common Netscape or Internet Explorer Browser. OPERATIONAL' COMMITTEE- Organizational body established by the Steering Committee that is responsible for the oversight of day--to--day activities, required to accomplish the Enforcer Project goals. PARTICIPATING AGENCY- Any agency which executes the Interlocal Agreement for the Enforcer Geographic Information System. STEERING COMMITTEE -- Project governance body tasked with Trey decision making responsibility on issues of great impact to the Enforcer Project. These issues include project problems/issues that may delay development or jeopardize participants, major. shifts in project priorities or direction, new access decisions, agreement violations, and additional issues as decided upon by the committee. STEERING COMMITTEE CHAIRPERSON - Party responsible for oversight of the Steering j Committee process. The position of Chairperson shall be held by the Director of the Department of Justice Coordination. STEERING COMMITTEE LIAISON - Party responsible for the oversight of the Operational Committee. This position shall act as a liaison between the Operational Committee and the Steering Committee to establish Steering. Committee .meetings, set meeting agendas, and present key issues requiring input and decisions. This position shall act as Chairperson to facilitate the Steering Committee in the absence of the Director of the Department of Justice Coordination: The Enforcer Project Coordinator from within the CHAPTER 1 -. OVERVIEW AND HISTORY Overview The' ENFORCER Geographic Information System (ENFORCER).is an Enterprise. data initiative originating from the Pinellas County Department of Justice Coordination as an attempt to establish geographic, crime analysis. capabilities on a county-wide scale. Though the development of GIS within law enforcement has been growing by leaps and bounds within various agencies, criminals do not recognize boundaries and crimes rarely remain within one jurisdiction. The development of a geographic information system on a county,-wide basis not only adds another dimension to the analysis of crime data, but, should aid in erasing the limitations of jurisdictional'information. With law enforcement resources staying relatively constant and the world continuing to produce more violent criminals, it becomes necessary to address crime more efficiently with the use of innovative technological practices. History The ENFORCER Project has evolved into a cooperative effort that encompasses multiple agencies within Pinellas. County. Along with these agencies, additional partnerships and data sources have already been identified for, future 'enhancements. Project development has been-based on Pinellas County's Geographic Information System which currently contains hundreds of well maintained layers and updated geographically referenced information stared within an Oracle based relational database. The county GIS has been a' cooperative effort that has grown over the years to include data from sources such as the property appraiser, planning, supervisor of elections, emergency management, development review services, general services(real estate division), social services, community development, public works(highway, solid waste,, traffic), environmental services, utilities, and even animal services. In the early stages of the ENFORCER development. all interface design was j generated in-house solely utilizing county personnel. This development has provided an excellent springboard for the ENFORCER and, has been a valuable learning experience for project. staff, In May of 1999, the project encountered a unique opportunity through the Acquisition of Vision Solutions by Autodesk, Inc. Pinellas County has since chosen to t pursue the Commercial development of our specialized interface in the web environment using Autodesk's dynamic Mapguide product with Phase ,1 delivery accomplished on October 1, 1999 for testing. The benefits .of this development stem from the addition of central' application management to our. . Enterprise data solution(not ? having to install expensive software-on. every PC), accessibility to the system via the Pinellas Intranet or the Internet(through 'a common Internet Explorer or Netscape Browser), and commercial development(allowing us to take full advantage of technology improvements as they occur in the marketplace). Additionally, through increasing the ease of use and accessibility, we, in turn, promote a proactive policing approach by making the information readily available to all users across all jurisdictions, and not just a centralized group of specialists. As the project progresses, the tasks related to the goals of the agencies become' the driving .force behind the'ENFORCER development. Many of these tasks can be identified as similar, if not the'same, across the agencies.. Through pursuit of this project ' as a cooperative effort, it becomes- possible to eliminate the redundancy of effort in accomplishing these tasks, and, in turn, possibly save valuable time and effort for the law enforcement agencies.- Where the tasks deviate between agencies, it is possible. to develop tailored options for tasks which allow for further achieving -any agency-specific goals. I It is with the issues of data, growth, maintenance, and agency need in,mind that the policy document is essential, This is a. dynamic document and is designed to provide a clear nderstanding 'of the goals and objectives of the project,and the requirements to be followed in achieving them. This document is hereby referenced as. the Enforcer CIS Policy Document within the Participation Agreement. 4 1 CHAPTER 2 - ENFORCER GEOGRAPHIC INFORMATION SYSTEM . 2.1 Introduction and Background (a) Law enforcement agencies have known and understood for decades that criminal activity does not recognize jurisdictional boundaries. Criminals are aided by their freedom from these jurisdictional boundaries as much as they are by their unfettered access to private transportation and regional transportation systems; they can and do take advantage of the 'restrictive jurisdictional boundaries by which law enforcement agencies are bound, abetted by the law enforcement community's traditional lack of systematized inter-jurisdictional information sharing technologies and protocols. (b)? .. In order to prevent and suppress crime, it is critical that law enforcement, agencies develop methods of timely information sharing and analysis which . can be used to link individual criminal acts, identify those responsible for committing those acts, and, predict future acts. (c) To date, information Sharing across jurisdictional boundaries has been accomplished by periodic word of mouth and/or written correspondence. Recent advances in communication and computer technology now enable, jurisdictions to,'Share and analyze timely information electronically. Sharing information in this fashion will speed criminal activity trend, detection, resulting in more efficient and effective police operations. 2.2 Role Of The Enforcer Geographic Information System It is the intent and purpose of the participating agencies to establish and maintain the ENFORCER Geographic Information System (ENFORCER) to improve the ability-of the county's various law enforcement agencies to monitor and analyze criminal activity in, and in areas surrounding, their own jurisdictions; to improve each agency's ability to recognize and respond to evolving crime patterns; to enhance regional operational planning;'to improve regional decision-making; and to enhance the information each agency has available upon which to base decisions concerning the allocation and deployment of resources for the prevention and suppression of criminal activity. (a) Participating Agencies agree to establish a Steering Committee, to be composed of at least.one member from each participating agency. The ENFORCER Steering Committee shall: ` , ''(1) r 1 meet.at least twice annually, to discuss problems, project priorities, violations of this agreement.'or new membership applications; (2) have the authority' to establish and modify the policies and,regulations governing membership and, the operation of the ENFORCER system . to include review of system resources and needs; (3) quickly resolve issues of great impact to project operation and potential financial impact to agency through prompt discussion with agency ' command staff; ' (4) base all decisions and actions on a majority vote of member agencies; (5) have the authority to call emergency meetings in' order to resolve issues which are time sensitive and must be resolved prior to the next 'quarterly meeting; .(6) have the Director of the Department of Justice Coordination serve as Committee Chairperson. The Chairperson shall enforce meeting process; ' (7) have an ENFORCER Steering Committee liaison who shall oversee the coordination of'meetings(agenda, notice, etc) and ,the recording of meetings. The liaison shall be the role of the project coordinator. within the Department of Justice Coordination; (8) set parameters and initiate an ENFORCER users group with membership from participating agencies; (9) review scheduled development and upkeep of training aids for the ENFORCER system; and (10) review data standards and use to determine optimal data standards. (b) Agen cies agree to establish an Operational Committee to ensure that day-to- day requirements are met. Each agency will,provide a key point of contact- to pa rticipate on the operational committee. The Committee shall: (1) meet at least quarterly to discuss project development, problems encountered, system status; (2) carry out.priorities as set by the Steering Committee; and (3) have the project. -coordinator from the Department of Justice Coordination act as chair for meeting coordination and, oversight. f (c), Members, agree to record samples of ENFORCER use for review of : innovation and output to aid other participating agencies'. (d) Member agencies shall provide crime data to the ENFORCER system and ensure the security of ENFORCER in' accordance with 'procedures established by the Steering Committee. (e) information developed through analysis of ENFORCER data is for the benefit ` of member agencies. Requests for data will be referred to the agencies to which the data belongs. CHAPTER 3 - RESPONSIBILITY FOR PARTICIPATION IN THE ENFORCER GEOGRAPHIC INFORMATION SYSTEM! 3.1 Since participation in ENFORCER is voluntary, participating agencies: .(a) . acknowledge that the activities and provision of services hereunder are subject to the budgetary, purchasing procedures, and available resources of each agency; . (b) shall remain responsible for the acts and omissions of their employees and the appropriate use of data; and. (c) acknowledge that system design, development, and usage must adhere to standards and policies established by the ENFORCER Steering Committee, and; where appropriate, legal and accreditation review. 3_ 1 ' CHAPTER 4 - PROCEDURES 4.1 ENFO RCER Geographic Information. System Policy and Procedures • (a) ; Responsibilities of the Chairperson (1) The Chairperson shall preside over all Steering Committee meetings. ' . (b) Responsibilities of the Steering Committee liaison '• (1) ' The Liaison shall set the place and time for the meetings of the Steering Committee. The Liaison will establish an agenda and shall notify the participants of meeting dates; (2) . Assume the responsibility of the Chairperson in their absence; and r (3) Chair the Enforcer- Operational Committee. 4.2 System Participation and Usage (a) Member agencies shall strive to have crime data.accessible on the host computer in a timely manner. An update schedule will be developed to ensure data accuracy and validity and will be available to users. (b) Member agencies shall supply the minimum data fields necessary for proper system operation and analysis capabilities. (c) Recognizing that not all agencies may view an event in the same manner, a log of category methodology shall be kept within the system. Each agency agrees to match . their agency specific incident codes to appropriate categories for cross-jurisdictional analysis. These categories can be ' modified by the Steering Committee or by the Operational Committee when deemed necessary. .(d) Members shall notify Justice Coordination of any problems or errors encountered during data usage and system operation. . (e) ' Members shad not, modify or attempt to modify any other member's data contained within the system useless assistance is requested by the agency. (f) Data uploads shall. be automated to the best of each agency's ability. (g) Member agencies shall be ultimately responsible for the accuracy and cleanliness of their data, '.This includes data which ,fails to be properly geographically referenced either by address or X,Y coordinates. Assistance may be given by other participating agencies, however, this assistance is not implied nor guaranteed. (h) The agency startup costs will consist of maintaining the existing technology infrastructure within each agency, Each agency, will maintain its own technology infrastructure in order to access the Enforcer, Project, This infrastructure will consist of each agency's existing computers, browsers, and Internet connections. Project computers and Internet service will not be provided by the.Enforcer Project. The Enforcer Project agrees to maintain the hardware, data, and interface to the best of their ability. Where available, the county. will provide the necessary Virtual Private Network Security ' software for a limited number of users within remote departments to ensure that all agencies have access to the system. 4.3 System Securit (a) System security shall adhere to any necessary rules and regulation's to ' ensure compliance with effected accreditation and legal obligations within participating agencies. (b) Only authorized project participants will. be granted access to the system data. A current participant list will be maintained in an accessible manner. Us'ers will be provided unique login access to the system. (c) System remonstrations may be given with great care made to ensure the security and integrity of the system data. (d) The system will maintain individual user password protection and shall reside within the Pinellas County firewall. 4.4 System Maintenance (a) Each participating agency will ensure the proper updating of their. respective data and shall take steps to ensure the clean address matching of their data. (b) System performance may be reviewed by the Steering' Committee or Operational Committee in order to evaluate system usage and system , needs. (c)' Data entry standards are to be'addressed and developed on an agency by 9 agency basis due .to the difference - in system configuration and needs of individuai'agency. (d) A sample of system data maybe reviewed by a subcommittee chosen and ' appointed:by the Steering Committee in order to ensure data. quality and accuracy: A system audit may be performed to develop.a report on system use,'data validity, evaluate needed changes, within the system. (e) The; Steering Committee has the'authority'to establish' subcommittees as ' necessary to pursue, special projects or resolve complex issues.. Participation on the subcommittee should be'voluntary and should represent all'interested ' or impacted agencies. : (f). Physical maintenance of the hardware.'and software will be conducted by the County,. ;s FAUSERSW'r'1'Y1ATYKB111WPDOCStJustice GoardlAgrrntslEGISPolicyDocument•doe • '• ' it i , • `` • • • • ' ' • 1 1 • Or Clearwater City Work Session Item ff: Commission Final Agenda Item 4 Agenda Cover Meeting Dote; - Memorandum SUBJECT/RECOMMENDATION: Increase the FY 2000/01 agreement with the Pinellas County Sheriff's Office, Largo, Florida $80,330.10 to a new total of $465,243.96, and approve the agreement for FY 2001/02 ending September 30, 2002, at a cost of $468,985.48 for latent fingerprint and crime scene services including evidence and property storage in accordance with Sec. 2.564 (1)(d), Code of Ordinances, 19 - and that the appropriate officials he authorized to execute same. SUMMARY: _- • The Pinellas County Sheriff's Office and the Clearwater Police Department have had this contractual arrangement since January 1, 1994. This contract covers latent print examination, evidence storage and crime scene processing. The total cost of the contract is $466,985.48, which is a 3% increase over last year's contract. Of this total cost, $74,269.88 is for latent fingerprint services and the balance, $394,715.60, is for evidence storage and a base workload of 2,500 crime scene processing calls for the contract period based on a rate of $145.16 per call. The 2,500 crime scene calf base was provided by the Clearwater Police Department for the Sheriff's use in establishing his manpower and equipment allocations. Billing for requests for service in excess of 2,500 calls during the period of this agreement will be invoiced "at the rate of $145.16 per call. Funding for this agreement is available in the Police Department's fiscal year 2001/02 operating budget. It is anticipated that the Police Department's crime scene service requests for the current fiscal year will exceed the contractual amount of 2,000 calls by 570 calls in the current 2000/2001 Agreement. Therefore, the Police Department is seeking approval to expend additional funds of $80,330.10 to be paid to the Pinellas County Sheriff's Office, at a cost of 140.93 per call, which is budgeted in the current FY 2000/2001. If there is a balance of the 570 calls remaining on October 1, 2001, the Sheriff's Office agrees to carry forward those numbers to the 2001/2002 contract at no extra cost. 0 A copy of the Agreement is available for review in the City Clerk's Department. Reviewed by. Originatin Dc 1 Casts Police Legal Info 5rvc N/A Prepared by. Kelly Sue O'Brien Total 549,315.58 Budget Public Works *NA User Dept. \ ! Funding Source: Purchasin DCM/ACM Police ! Current FY 80,330.10 CI Risk Mgmt NIA Other Attachments OP 468,985.48 Other Submitted by: ? Appropriation Code: Ci manager Iii None 010.01121.530300.521-000 Printed nn reeveted naoer Rev. 21911 AGREEMENT' COMES NOW, the CITY OF CL.EARWATER, FLORIDA, a municipal corporation (hereinafter "CITY") and EVERETT S, RICE, as Sheriff of ' Pinellas County, Florida, (hereinafter "SHERIFF") this _ day of , 2001 and agree,as follows: WHEREAS, the CITY desires to contract with the SHERIFF for assistance in examining latent. fingerprints derived' from crime scenes within the CITY and from suspects and. victims of crimes occurring within the municipal limits of the CITY, and; WHEREAS, the CITY. desires to contract with the SHERIFF for crime scene services and evidence and property storage for the CITY OF CLEARWATER Police Department, and; WHEREAS, the SHERIFF has available personnel to perform such services for the CITY; and' WHEREAS, both the CITY and the SHERIFF believe the provision of such services as hereinafter provided is in the best interest of the safety and welfare of the citizens of the CITY and of Pinellas County and that such will facilitate the investigation of criminal activity and the apprehension of persons engaging in such activity; t NOW, THEREFORE, in consideration of the mutual covenants and promises set forth below, the parties hereto agree as `follows: I: The SHERIFF shall provide to the CITY one full-time latent print examiner (hereinafter "Examiner'). Additionally, the SHERIFF shall provide to the CITY a second part-time latent print examiner who shall devote at least twenty-five percent (25%) of his/her time to the examination of latent fingerprints for the CITY. Such person(s) shall be appropriately trained and qualified to examine latent fingerprints and to identify same. A. Said Examiners shall be members of the Pinellas County Sheriffs Office and shall be subject to the direction and all rules and regulations of the SHERIFF. B.' Said Examiners shall be on duty. to perform fingerprint examination eight (8) hours per day, five (5) days per week and shall as a part of their duties: 1. , Examine fingerprints provided by the CITY to eliminate fingerprints of persons who have a legitimate reason 'to have their fingerprints In, a premise or on an object. • ' i .. ee AGREEMENT COMES NOW, the CITY OF CLEARW.ATER, FLORIDA, a municipal corporation (hereinafter "CITY") and EVERETT S. RICE, as Sheriff of Pinellas County, Florida, (hereinafter "SHERIFF") this day of , 2001 and agree as follows: WHEREAS, the CITY desires to contract with the SHERIFF for assistance in examining latent fingerprints derived from crime scenes within the CITY and from suspects and,victims of crimes occurring within the municipal limits of the CITY, and; WHEREAS, the CITY desires to contract with the SHERIFF for crime scene services and evidence and property storage for the. CITY OF. CLEARWATER Police Department, and; WHEREAS, the SHERIFF has available personnel to perform such services. for the CITY, and, WHEREAS,. both the CITY. and the SHERIFF believe the provision of such services as hereinafter provided is in the best interest of the safety and welfare of the citizens of the CITY and of Pinellas County and that such will facilitate the. investigation of criminal activity and the apprehension of persons engaging'in such activity; NOW, THEREFORE, in consideration of the mutual covenants and promises set forth below, the parties hereto agree as follows: I. The SHERIFF shall provide to the CITY one full-time latent print examiner ' thereinafter "Examiner"). Additionally, the SHERIFF shall provide to the CITY a second part-time latent print examiner who shall devote at least twenty-five percent (25%) of his/her time to the examination of latent fingerprints for the CITY. Such person(s) shall be appropriately trained and qualified to examine latent fingerprints and to identify same. A. Said Examiners shall be members of the Pinellas County Sheriff's Office and shall be subject to the direction and all rules and regulations. of the'SHERIFF. B. Said Examiners shall be on duty to perform fingerprint examination eight (8) hours per day, five (5) days per week and shall as a part of their duties: 1. Examine fingerprints provided. by the CITY to eliminate fingerprints of persons who have a legitimate reason to 'have their fingerprints in a premise or on an object. 2. 'Evaluate the quality of latent fingerprints provided by the CITY. 3. Compare the latent fingerprints of suspects provided by the CITY. 4. Appropriately document those latent fingerprints provided by the CITY which cannot be positively identified. 5. Prepare and provide to the CITY reports on all latent fingerprint identifications performed. fi. Attend depositions, hearings and trials and render expert testimony in, the area of fingerprint identification. C. In those instances where the CITY submits a complex or lengthy latent identification request, the SHERIFF shall provide additional available personnel to assist the: Examiners. D. The Examiners shall be available to assist SHERIFF's personnel in the examination of latent fingerprints in times of extreme need for such assistarice. E.' The CITY shall, provide one individual, to be designated by the CITY, who shall.act as a liaison with the Examiners provided for herein. Said liaison shall: I . Be a member of the CITY Police Department. 2. Be responsible for the timely and, appropriate delivery of latent fingerprints and certain items of evidence to the SHERIFF. 3. Be responsible for the proper execution and delivery to the SHERIFF of correctly executed latent fingerprint request forms. 4. Be responsible for the return to the CITY of completed, latent fingerprint request forms showing the results of such examination, or comparison. 5. Serve as' the SHERIFF's contact with the CITY in all day to day matters relating to -the examination of latent fingerprints pursuant to this Agreement. 2 II. The CITY shall pay to 'the Board of County Commissioners -the sum of SEVENTY-FOUR THOUSAND TWO HUNDRED . SIXTY-NINE DOLLARS AND EIGHT'-EIGHT CENTS ($74,269.88) annually for the latent fingerprint services to be rendered pursuant to this Agreement. Ill. In addition to the Examiners described above: A. The -SHERIFF will provide to the CITY, upon request by the CITY, Forensic Science Specialists to document, process and collect evidence at crime scenes within the CITY. Said services shall include the photographing or otherwise documenting said crime scene as such may be appropriate, within, the scope and capabilities of the SHERIFF. Any, processing or testing outside SHERIFF's capabilities shall be at the expense of the CITY. B. The SHERIFF will provide to the CITY, storage, release and disposal for all evidence and property, except bicycles, which may lawfully come into the possession of the CITY Police Department or which. may be obtained as the result of crime scene processing. This includes the packaging and transportation of such items to and from a lab or other testing facility as determined by the CITY Police Department. The SHERIFF shall be responsible for obtaining routine items of property or evidence from the CITY OF CLEARWATER Police Department and transporting same to secure storage facilities maintained by the SHERIFF, However, where such items of property or evidence are large, voluminous, heavy or otherwise not compatible. with transport by ordinary courier, it shall be the responsibility of the CITY OF CLEARWATER Police Department to transport such items to the SHERIFF's evidence and property storage facility. The CITY shall pay to the Board of County Commissioners the sum of THIRTY ONE THOUSAND EIGHT HUNDRED FIFTEEN DOLLARS AND SIXTY CENTS (531,815.60) annually for the evidence storage service. This cost is inclusive of salary for one property clerk and $2,000 for evidence storage supplies. C. The SHERIFF shall provide to the CITY Police Department copies. of all crime scene reports generated by SHERIFF's personnel pursuant to this Agreement. D. The CITY shall pay to the. Board of County Commissioners the sum of $145.16 for each crime scene processed by the SHERIFF and shall guarantee a minimum of 2,500 ,calls for service during this Agreement. For all requests for service in excess of, 2,500 during the period of this Agreement, the CITY shall pay to the Board the sum of $145.16 for each crime scene processed pursuant to this. Agreement. 3 The CITY shall pay to the Board of County Commissioners the sum of THREE HUNDRED SIXTY-TWO' THOUSAND NINE HUNDRED DOLLARS($362,900,00) for the 2,500 calls for service for the period of this. Agreement. E. Billing for requests for service in excess of 2,500 calls during the period of this Agreement shall be invoiced monthly at the rate of $145.16 per call. F. The parties agree that the term "call for services" as used herein'shall be defined as an incident, event or offense that requires, a report or offense number made, recorded or taken by a member of the CITY OF CLEARWATER Police Department for documentation purposes and which requires some action by a SHERIFF's Forensic Science 'Specialist. 'All services rendered under the same case number shall be deemed one call for service. Such offense numbers shall be. used to calculate calls for service with each offense number which results in,a request for services being deemed a call for services. .IV. The CITY agrees to pay to the Board of County Commissioners on or before October 31, 2001, the sum of FOUR HUNDRED SIXTY-EIGHT THOUSAND NINE HUNDRED EIGHTY-FIVE DOLLARS AND FORTY-EIGHT CENTS ($468,985.48) which reflects the minimum sum due for all services to be rendered during the term of this Agreement. V. The BOARD OF COUNTY COMMISSIONERS OF PINELLAS COUNTY hereby joins in the execution of this Agreement to indicate its concurrence in.the terms and-provisions hereof and its support for the plan set out herein. Said board agrees to amend the Pinellas County Sheriffs Office budget to provide the funds necessary to accomplish the purposes of this Agreement and agrees to cooperate in every way. reasonably possible to insure that the purposes stated herein are fulfilled. VI. Either part may. cancel this Agreement upon providing notice of such cancellation in writing thirty (30). days in advance of the date of cancellation. In consideration for and CITY's knowledge of SHERIFF hiring and training additional staff to manage the requirements of this Agreement, should CITY terminate this Agreement prior to September 30, 2002, no funds will be reimbursed by the SHERIFF to the CITY. If the SHERIFF terminates the Agreement, the SHERIFF 'shall retain such sums from the payment set forth above as reflect actual calls for service at the rate provided herein and shall refund the remainder to the CITY. VII. This Agreement shall be, for a period of one (1) year commencing October 1, 2001 and concluding September 30, 2002. 4 I + y VIII. SHERIFF agrees to use best efforts and necessary resources available to SHERIFF to cant' out the terms and conditions of this Agreement. Both parties agree that they will cooperate and work together to carry out the terms and conditions of the Agreement. To that end, the parties agree that the following individuals shall be the contact persons for. the CITY and SHERIFF respectively. FOR THE CITY FOR THE SHERIFF Sid Klein, Chief of Police John F. Wolf, Major 645 Pierce Street P. O. Drawer 2500 Clearwater, FL 33756 Largo, FL 337992500 (727) 562-4242 (727) 582-6386 IX: This Agreement constitutes the full and complete understanding of the parties and may be modified or amended only. by a document in writing signed by the CITY, the SHERIFF and the BOARD. DONE AND EXECUTED this day of ? 2001. Countersigned: CITY OF CLEARWATER, FLORIDA By: Brian J. Aungst William B. Home, Il Mayor-Commissioner City Manager Approved as to form:. Attest: C Robert J. rette Cynthia E. Goudeau Assistant City Attomey City Clerk Witness PINELLAS COUNTY SHERIFF'S OFFICE EVERETT S. RICE, Sheriff 5 1 Clearwater City Commission Final Agenda Item # Agenda Cover Memorandum Meeting Date: SUBJECT/RECOMMENDATION: Request for authority to settle the entire workers' compensation (WC) claim (medical indemnity, and attorney fee) of claimant Robert VanBeveren, for the total sum of $100,000,001 N and that the appropriate officials be authorized to execute same, SUMMARY: • Claimant, 'a former parks and recreation employee sustained injuries to both shoulders as a result of a work-related accident on October 13, 1994. As a consequence of the work related accident he is receiving WC permanent total disability benefits. • The present value of the claimant's WC medical and permanent total disability benefits is $246,232.52. The claimant has agreed to settle his entire WC claim for $100,000.00. • The City will receive reimbursement of $33,000.00 of,the $100,000.00 settlement- from the State of Florida Special Disability,Trust Fund because the claimant had a pre-existing impairment at the time, of his injury. The City's Claim Committee, Risk Management Division, and the City's outside WC counsel, Mark Hungat%..recommend settlement as being in the best interest of the City. Reviewed by. Legal &J-__ - Into Tech NA Budget 1?-J Public Worka Purchasing DWACM _ Risk Mgm( Other A r Submitted by. City Manager Printed on rectrated owner Originating Dept: Finance/Risk Mgmt•Palti Post User Dept. Attachments x None Costs $100,000.00 ~ Total Funding Source: $1 captul tmp"Off nt -?_ Operating Other CIF S1 Appropriation Code: 590-07000-545800.519.000 Current Fiscal Year ff Clearwater City Commission Final Agenda Item # A ends Cover Memorandum g Meeting Date: SUBJECTIRECOMMENDATION: Approve three Releases and Waivers submitted by Merwin U. Stewart, Liquidator of the Southern American Insurance Company (SAIC) for the purpose of compromising and settling all claims of the City of Clearwater against SAIC in liquidation and having the same assigned a priority classification of Class 3 for future payment, and that the appropriate officials be authorized to execute same. SUMMARY: • In November 1995 the City of Clearwater, utilizing the services of Akerman, Senterfitt & Eidson, P.A., Attorneys At Law of Orlando, Florida,. submitted several claims for environmental property damage arising from the former manufactured gas plant of the city located at 400 N. Myrtle Street. These claims were made against insurance companies that had underwritten and sold old general and/or excess liability insurance policies to the city. • In the past the city hasrecovered sums of money from one or more of these old insurance companies, in association with certain old insurance policies. • The city has now been presented with a final opportunity to once again recover some money from old insurance policies. This time the potential recovery is associated with three excess coverage insurance policies covering a three year time period from 1976 to 1979, including Policy Numbers SE592002, SE591452 and SE590442 issued by Southern American Insurance Company, an insurance company that is currently in liquidation proceedings in the State of Utah. • The Liquidator of that insurance company has approved two policy claims for $25,000 each and one policy claim for $250,000 for a total approved claim . amount of $300,000, subject, however, to approval, liquidation funds availability and payment as directed by the liquidating Utah State Court. • The City is being asked to approve the compromise settlement and execute a Release and Waiver for each insurance policy claim. Reviewed by, Originating Dept: L . Schrdd&- Costs None Legal lz ' Info Tech NA Finance/Risk Mgmt %,nA Total Budget Public Works User Dept. Funding Source; None Purchasin DCMIACM CaMalIrmmyanwl Current Fiscal Year 9 Risk Mgmt Other A Attachments operating otrier Appropriation Code: Submitted try: ? x None City Manacier 1 Printed on recv?cied oaaar The compromise: settlement and execution of the, Release- and Waiver for each insurance policy claim does not mean the City will receive any specific sum of money or any money at all. Execution of the Release and Waiver means the City's claims will be recommended for payment in the liquidation proceedings in ,. the amounts stated above and the City'will receive a pro rata distribution from any liquidation proceeds as the Liquidator is authorized or permitted to pay by. the Utah State Court that is overseeing the liquidation. Additionally, the timing of such distribution has not yet been established by the Utah State Court. ` • Based upon a review of the type of insurance policy coverage, potential policy exclusions, dates of coverage and, possible costs of litigation to clarify coverage availability or increase allocation ? amounts, Akerman Senterfitt & Eidson recommends acceptance by the City of these offers and abandonment of any other potential insurance. policy claims the City may-have against Southern American Insurance' Company. SOUTHERN AMERICAN INSURANCE COMPANY RECEIVED IN LIQUIDATION AUG 0 3 201 . 215 SOUTH. STATE STREET, SUITE 300 SALT LAKE CITY, UTAH 84111 RISK MANAGE?yENT PHONE: 801-595-8222I+Afl': 801-595-7004 City of Clearwater Attn: Leo W. Schrader,' Risk Manager 10 S. Missouri Ave. Clearwater, FL 34616 Re: Liquidation No.: 51387 Claim: Manufactured Gas Plant Site Policy Nbs.: SE 590442 Claimed Ammunt: S1,000,000,00 ' NOTICE TO CLAIMANT The Liquidator of Southern American Insurance Company,(SAIC) of Salt Lake City, Utall has reviewed the above stated claim(s). Based upon review of the documents that were submitted, the records of SAIC, the Liquidator has APPROVED the claim in the amount of $250,000.00 ; and denied 5750,000.00 %vith the assigned priority classification of Class 3. See the attached copy of Utah Cody Annotated Section 31A-27-335 for an explanation of claim classifications, Tile Liquidator's claim determination must be reviewed and approved by the Court pursuant to 1111 CC de-Atnlotated Section 31A-27-336(2). Distribution will be based oil a pro rata percentage; of assets available; For distribution to each class of claim approved by the Court and shall be paid as directed by the Court. Any allowed claim will'be reduced by an amount paid on behalf of SAIC by any Guaranty Association. The Liquidator is currentlyunable to estimate the time when a, distribution will be made. The reason for the partial denial is based on the compromise agreement, entered into between Mr. Di Mauro and SAIC on May 17, 2001. Please review this letter and your records for accuracy.' If you agree with the approved claim anloLult and priority classification assigned, please have the enclosed Release and Waiver form pg j.be, si+,ned and notarized and return it to-this office- Bonn as If you disagree with the Liquidator's determination of your claim either in full or in part you have the right to object to the detenmination of your claim. To object to the determination you must file a written objection carrying.the heading, ln_re5o-tithc133 r a l s t a e Canl2an_v, Civil Case No. 920901617, Judge Glenn Iwasaki, Third Judicial District. Court, 450 South State Street. Salt Lake-City, Utah 84111, within sixty days from the date of this notice, You must also send a copy of the objection to the Liquidator at the address on this letterhead, Jvou fail o-F w rittetl_c?i?iectie?l?.,?vith the_ ?nurt andwith the_Liclidda r. wiiltiii3he specified 1jple,,vnu will h-ivo waimI vour right-l01 ect_atld the Li(uj,4latofs delermitta-ti-on will st,31ld andyou will_Igive ?14?'furthers?ight_o?Ma?,c? A I , RELEASE AND WAIVER CITY OF CLEARWATER, (hereinafter "Claimant"), a claimant in the Southern American ' Insurance Company'(SAIC) liquidation proceeding;, in consideration of the recommendation of the Liquidator of SAIC to the supervising court, agrees that its claim in the liquidation proceeding, be allowed in the proceeding as a Class 3 claim in the sum of 5250,000.00. It is expressly understood and agreed that a pro rata distribution based on assets available for distribution shall be paid as shall be directed by the Court. Claimant does hereby for itself, its successors and assigns, remise, release and forever discharge the Liquidator of SAIC, individually and in his official capacity, his heirs, executors, administrators, assigns and, successors in office; Special Deputies, employees and agents; the estate of SAIC and the State bf Utah from any and all right, cause of action, claim or demand of whatsoever kind, nature or description at law or in equity or created by statute which it now has or which it or its successors and assigns shall or may licreafter have. Claimant expressly waives all right, including but not limited to rights to notice, and hearings-dither in court or before the Liquidator of SAIC to which it is'entitled under.Utah Code gnputat?d 31A-27-332 and Section 31A-27-336 or otherwise and in anyway connected with, related to, or arising from the SAIC liquidation. Claimant understands and agrees that its claim ' as stated above is fully compromised and settled and is not in dispute. It is expressly understood and agreed that Claimant's claim will be recommended for payment to the Third Judicial District Courtin the Liquidation proceeding in the amounts stated above and that it shall receive a pro rate distribution on said amounts as the Liquidator is authorized or permitted to pay. IN WCINESS WHEREOF, CITY OF CLEARWATER has caused this release to be . signed by its duly authorized officer, director or agent this day of . 2001, BY Its., State of. ) :ss County of ) On the _.._.day of , 2001, before me personally appeared who by me being duly sworn did depose and say that he/she resides in ; that he/she is the of CITY OF CLEAR?NIATER, and is authorized to execute this document on its behalf. NOTARY PUBLIC ~ Residing in My Commission Expires:_ _ ? Proof of Claim No.: 51387 SOUTHERN AMERICAN INSURANCE COINIPANY RECEIVED IN LIQUIDATION AE1G aQn, 215 SOUTH STATE STREET, SUI'T'E 300 SALT LAKE CITY, XJTAH 84111 RISK MANAGEMENT PHONE: 501-595-8222 FAX: 801-595-7004 City of Clearwater Attn: Leo NV. Schrader, Risk Manager 10 S. Missouri Ave. Clearwater,-FL34616 Re:. Liquidation No.: 51387 Claim: Manufactured Gas Plant Site, Policy * os,: SE:90?t42 Claimed Amount, $1.000,000.00 NOTICE TO CLAIMANT Tile Liquidator of Southern American Insurance Company (SAIL) of Salt Lake City, Utah has reviewed the above stated claim(s), Based upon review of tile documents that were submitted, the records of SAIC, the Liquidator lzas APPRO`JED'the claim in the amount of $250,000.00, ' and denied 5750,000.00 with the assigned priority classification of Class 3. See the attached copy of Utah Code Annotated Section 31A-27-335'for an explanation of claim classifications, The. Liquidator's claim determination must be reviewed and approved by the Court pursuant to Utah Code Annotttd Section 31A-27-336(2). Distribution will be based oil a pro rata percentage of assets available for distribution to each class of claim approved by the Court and shall be paid as directed by the Court. Any allowed claim will be reduced by an amount paid on behalf of SAIC by any Guaranty Association. The Liquidator is currently unable to estimate the time when a distribution will be made:' The reason for the partial denial is based on the compromise agreenient,.entered into between Mr. Di Mauro and SAIC on May 17, 2001. Please revic%v this letter and your records for accuracy. If you agree with the approved claim ' amount and Priority classification assigned, please have the enclosed Release and Waiver form 51?iled -and notarized and rewrn it to this office a.5 opilaspossibig, If you disagree with the Liquidator's determination of your claim eitlicr in full or in part you, have i.he right to object to the determination of your claim. To object to the detern-iination you must Ole a'written objection carrying the heading, In re SQu Bern .Aineric„a In siirance,s'smj,jj)v_ Civil Case No. 920901617, Judge Glenn Iwasaki, Third Judicial. District Court, 450 South State Street, Salt Lake.City, Utah 54111, within sixty days from-the date of this notice. You must also send a copy of the objection to the Liquidator :it the address on this letterhead. If ygu fail tg file -i written ohjpction n'_ish_t} cam Cn_uit_tind %-6ih_theLi-Qiiiclato w I1in tile _. eS??c fie_cl time'you will . lime ??aivc yam: OHM U11d 11W .'tltit?s'tl_41's deternlutatio-nwill stalid angj you Will hay 110 #ul-ther ri Q11I 6rallpeal. • RELEASE AND WAIVER CITY OF CLEARWATER, (hereinafter "Claimant"), a claimant.in the Southern American Insurance Company (SAIL) liquidation proceeding, in consideration of the recommendation of the Liquidator of SAIC to the supervising court; agrees that its claim in the liquidation proceeding,, be allowed in the proceeding as a Class 3 claim in the sum of $250,000.00. It is expressly understood and agreed that a prd rata distribution based on assets available for distribution shall be paid as shall be directed by the Court. Claimant does hereby for itself, its successors and assigns, remise, release and forever discharge the Liquidator of SAIC, individually and in his official capacity, his heirs, executors, administrators, assigns and successors in.office, Special Deputies, employees and agents; the estate of SAIC and the State of Utah from any and all right,•cause' of action, claim or demand of whatsoever kind, nature or description at law or 'in equity or created by statute which it now has or which it or its, successors and assigns shall or may Hereafter havc. Claimant expressly waives all right, including but not limited to rights to notice; and hearings either in court or before the Liquidator of SAIC to which it is entitled under 11tab Cod Annotated 31A-27»332 and Section 31A-27-336 or otherwise and in anyway connected with, related to, or arising from the SAIC liquidation. Claimant understands and agrees that its claim as stated above is fully compromised and settled and is not in dispute. It is expressly understood and agreed that Claimant's claim will be recommended for payment to the Third Judicial District Court in the Liquidation proceeding in the amounts stated above and that it shall receive a pro rate distribution on said amounts as the Liquidator is authorized or permitted to pay. IN WITNESS WHEREOF, CITY OF CLEARWATER has caused this release to be signed by its duly authorized officer, director or agent this day of .2001. BY Its: - State of ) :ss County of ) On the'-day of ?. , 2001, before me personally appeared who by me being duly sworn did depose and say that he/she resides in , that he/she is the ' of CITY OF CLEARWATER', and is'authorized to execute tlii5 document on its behalf. NOTARY PUBLIC Residing in: My Commission Expires: _ Proof of Claim No.: 51357 SOUTHERN AINIE ICAN INSURANCE COMPANY IN LIQUIDATION. 215 SOUTH S'T'ATE STREET, SUITE 300 SALT LAKE CITY, UTAH 84111 PHONE: 801-595-8222 FAQ.: 801-595-7004 RECEIVED City of Cleanvater A01 3, 2001 Attn: Leo W; Schrader, Risk. Manager RISK MANAGEMENT 10 S. Missouri Ave, Clearwater; FL 34616 - Re: Proofs of Claim Nos.: 37101, 48599, 50440 & 51385 Claim: Manufactured Gas Plant Site Policy Nos.: SE590661, SE590696, SE590913 & SE590441 Claimed Amount: $500,000.00 (each) NOTICE TO CLAIMANT The Liquidator of Southern American Insurance Company (SAIC) of Salt Lake City, Utah has reviewed the above stated claim(s): Based upon review of the documents that were submitted and the records of SAIC, the Liquidator has DENIED the claims in the amount of $500,000,00 (each) with the assigned priority classification of Class 3. See the attached copy of Utah Code section 3 IA-27-335 for'an explanation of priority classifications. The reason for denial is,these policies provide coverage for f general city operations only. These policies do not cover gas operations. If you disagree with the Liquidator's determination of your claim either in full or in part you have the right to object to the determination of your claim. To object to the determination you must file 'a written objection carrying the heading, e SLiLiffiem-Arnerigan s trance-fgM17 nv..Civil Case No. 920901617, Judge Glenn Iwasaki, Third Judicial District Court, 450 South State Street, Salt Lake City, Utah 84111, within sixty days from the date of this notice. You must also send a copy of the objection to,the Liquidator at the address on this letterhead. Y i icction-widLih? = gnd_,?vith the Liquidator. inshe _time srpci0pd,you will have waived ynur_ _ r to Qh.J,ctand the Liquidgtot's pterninatioii twill.-,,tilid R t w' ave no furthet right of ap -If you file a written objection you must 6 d doQkim?nt.3&n unnorting your obigglion. The Liquidator may revie%=r your claim again and if the determination is not changed, you will be notified of a hearing date before the Court in Salt Lake City, Utah. You will have the opportunity in the hearing to hear the evidence of the Liquidator in support of the determination and to present evidence to support your objection. C ' i , 31A-27-335. Priority of Distribution (1) (a) Every claim in each class of claims from the insurer's estate shall be paid in full or adequate funds retained for the payment before the members of the next class receive any payment. (b) Once the finds are retained by the liquidator and approved by the court, the insurer's estate shall have no further liability to members of that class except to the extent of the retained funds and any other undistributed funds. (e) Subclasses may not be established within any class. (d) A claim by a shareholder, policyholder, or other creditor may not be permitted to circumvent the priority classes through the use of equitable remedies. (2) The classes and order of distribution are as described in Subsections (2)(a) through (i). (a) Class one Is the costs and expenses of administration expressly approved by the liquidator, including: W the actual and necessary costs of preserving or recovering the assets of the insurer, (ii) compensation for all authorized services rendcred in the supervision, rehabilitation or liquidation; (iii) any necessary filing fees; (iv) the fees and mileage payable to witnesses; and (v) reasonable attorney's fees and other professional services rendered in the supervision, rehabilitation, or liquidation. (b) (I) Class hvo is the administrative expenses of guaranty associations. (ii) For purposes of this section, "administrative expenses ofa guaranty association" means the reasonable expenses incurred by a gua=ty association: (A) when the expenses are not payments or expenses that are required to be incurred as direct policy benefits in fulfillment of the terms of the insurance contract or policy, and (B) that are of the type and nature that, but for the activities of the guaranty association, otherwise would have been incurred by the.liquidator, including: (I) evaluations of policy coverage (II) activities involved in the adjustment and settlement of claims under policies, including those of in- house or outside adjusters; and (III) the reasonable expenses incurred in connection with the arrangements for ongoing coverage through transfer to other insurers, policy exchanges, or maintaining policies in force. (iii) The liquidator may in the liquidator's sole discretion approve as an administrative expense of a guaranty association any other reasonable expenses of the guaranty, association if the liquidator finds: (A) the expenses are not expenses required to be paid or incurred as direct policy benefits by the terms of the policy; and (B) the expenses were incurred in 'furtherance of activities that provided material economic benefit to the estate as a . whole, irrespective of whether the activities resulted in additional benefits to covered claimants. (iv) The court shall approve the expenses approved by the liquidator under Subsection (2)(b)(iii) unless the court finds the liquidator abused the liquidator's discretion in approving the expenses. (c) 0) Class three Is all claims under policies for losses incurred including: (A) claims of the federal, state, or local government; (B) third party claims; (C) claims for unearned premiums; and (D) claims of a guaranty association, other than those included in class two, including claims far payment of covered claims or covered obligations of the insurer. (ii) All claims under life and health insurance and annuity policies shall be treated as loss claims. (iii) That portion of any loss for which indemnification is provided by other benefits or advantages recovered or recoverable by the claimant are not included in this class, other than benefits or advantages recovered or recoverable in discharge of familial obligations of support, by way of succession at death, as proceeds of life insurance, or as gratuities; A payment made by an employer to the employer's employee may not be treated as a gratuity. (iv) Notwithstanding Subsections (2)(c)(i), (ii), and (iii), the following claims shall be excluded from class three priority: (A) obligations of the insolvent insurer arising out of reinsurance contracts; (13) obligations incurred after: (I) the expiration date of the insurance policy; (II) the policy has been replaced by the insured; (III) the policy has been canceled at the insr red's request; or (IV) the policy has been canceled as provided in the chapter; (C) obligations to insurers, insurance pools, or undenvriting associations and their claims for contribution, indemnity, or subrogation, equitable or otherwise; (D) any claim that is in excess of any applicable limits provided in the insurance policy issued by the insolvent insurer; (E) any amount accrued as punitive or exemplary damages unless expressly covered under the terms of the policy; and ' (F) tort claims of any kind against the insurer, and claims against the insurer for bad faith or,,vrongful settlement practices. SOUTHERN AMERICAN INSURANCE COMPANY IN LIQUIDATION 215 SOUTH STATE STREET, SUITE 300, SALT LADE CITY, UTAH 84111. PHONE: 801-595-8222 FAX: 801-595-7004 RECEIVED City of Clearwater WIG 0 3 2001 Attn:.Leo W. Schrader, Risk Manager RISK MANAGEMENT 10 S. Missouri Ave. Clearwater, FL 34616 Re: Proofs of Claim Nos.: 37101, 48599, 50440 &: 51385 Claim: Manufactured Gas Plant Site Policy Nos.: SE590661, SE590696, SE590813 &: SE5904411 Claimed Amount: $500,000.00 (each) NOTICE TO CLAIMANT The Liquidator of Southern American Insurance Company (SAIL) of Salt Lake City, Utah has reviewed the alcove stated claim(s). Based upon review of the documents that were submitted and the records of SAIC, the Liquidator has DENIED the claims in the amount of $500,000.00 (each)-with the assigned priority classification of Class 3. See the attached copy of Utah Code section 31A-27-335 for an explanation of priority classifications. The reason for denial is these policies provide coverage for general city operations only. These policies do not cover gas operations. If you disagree with the Liquidator's determination of your claim either in full or in part you have the right to object to the determination of your claim. To object to the determination you must file a written objection carrying the heading, In 1-c Southe nerican Tnsurance Company. Civil Case No: 920901617, Judge Glenn Iwasaki, 'T'hird Judicial District Court, 450 South State Street, Salt Lake City, Utah 54111, within sixty days,from the date of this notice. You must also send a copy of the objection to the Liquidato; at the address on this letterhead. If you fail to rile a written objection with-the Court and with the LigtiidU1or, in the time specified. you will have- waived your ri to QWw and the Liquidator's determination will.slznd acid youwill have no further right of appeal. -If you file a written objection you must rile detailed documentation surmorting?your objection. - The Liquidator may review your claim again and if the determination is not changed, you will be notified of a hearing date before the Court in Salt Lake City, Utah.. You will have the opportunity in the hearing to hear the-evidence of'the Liquidator in support of the determination and to present evidence to'support' your objection. 3IA-27-335. Priority of Distribution (1) (a) Every claim in each class of claims from the insurer's estate shall be paid in full or adequate funds retained for the payment before the members of the next class receive any payment. (b) Once the funds are retained by the liquidator and approved by the court, the insurer's estate shall have no further liability to members of that class except to the extent of the retained funds and any other undistributed fiends. (c) Subclasses may not be established within any class. (d) A claim by a shareholder, policyholder, or other creditor may not be permitted to circumvent the priority classes through the use of equitable remedies. (2) The classes and order of distribution are as described. in Subsections (2)(a) through (i). (a) Class one is the costs and expenses of administration expressly approved by the liquidator, including- (i) the actual and necessary costs of preserving or recovering the assets of the insurer; (ii) compensation for all authorized services rendered in the supervision, rehabilitation or liquidation; any necessary filing fees; (iv) the fees and mileage payable to witnesses; and (v) reasonable attorney's fees and other professional services rendered in the supervision, rehabilitation, or liquidation. (b) (i) Class two Is the administrative expenses of guaranty associations. (ii) For purposes of this section, "administrative expenses of a guaranty association" means the reasonable expenses incurred by a guaranty association: (A) when the expenses are not payments or expenses that are required to be incurred as direct policy benefits in fulfillment of the terms of the insurance contract or policy, and (B) that are of the type and nature that, but for the activities of the guaranty association, otherwise would have been incurred by the liquidator, including: M evaluations of policy coverage (II) activities involved in the adjustment and settlement of claims under policies, including those of in- house or outside adjusters; and (III) the reasonable expenses incurred in connection with the arrangements for ongoing coverage through transfer to other insurers, policy exchanges, or maintaining policies in force, (iii) The liquidator may in the liquidator's sole discretion approve as an administrative expense of a guaranty association any other reasonable expenses of the guaranty association if the liquidator finds: (A) the expenses are not expenses required to be paid or incurred as direct pal icy benefits by the toms of the policy; and (B) the expenses were incurred in furtherance of activities that provided material economic benefit to the estate as a whale, irrespective of whether the activities resulted in additional benefits to covered claimants. (iv) The court shall approve the expenses approved by the liquidator under Subsection (2)(b)(iii) unless the court funds the liquidator abused the liquidator's discretion in approving the expenses. (c) (i) Class three is all claims under policies for losses incurred including: (A) claims of the federal, state, or local government; (B) third party claims; (C) claims for unearned premiums; and (D) claims of a guaranty association, other than those included in class two, including claims for payment of covered claims or covered obligations of the insurer. (ii) All claims under life and health insurance and annuity policies shall be treated as loss claims. (iii) That portion of any loss for which indemnification is provided by other benefits or advantages recovered or recoverable by the claimant are not included in this class, other than benefits or advantages recovered or recoverable in discharge of familial obligations of support, by way of succession at death, as proceeds of life insurance, or as gratuities. A payment made by an employer to the employer's employee may not be treated as a gratuity. (iv) Notwithstanding Subsections (2)(c)(i), (ii), and (iii), the following claims shall be excluded from class three priority: (A) obligations of the insolvent insurer arising out of reinsurance contracts; (B) obligations incurred after: (1) the expiration date of the insurance policy; (II) the policy has been replaced by the insured; (III) the policy has been canceled at the insured's request; or (IV) the policy has been canceled as provided in the chapter; (C) obligations to insurers, insurance pools, or undervaiting associations and their claims for contribution, indemnity, or subrogation, equitable or otherwise; (D) any claim that is in excess of any applicable limits provided in the insurance, policy issued by the insolvent insurer; (E) any amount accrued as punitive or exemplary damages unless expressly covered under the terms of the policy; and (F) tort claims of any hind against the insurer, and claims against the insurer for bad faith or wrongful settlement practices. SOUT14ERN AMERICAN INSURANCE COMPANY 4N LIQUIDATION 215 SOUTH STATE STREET, SUITE 300 SALT LAKE CITY, UTAFI 84111 R E ; E I V E D PHONE: 801-595-8222 FAUX: 801-595-7004 alh 0 3 ,City of Clearwater RISK MANAGEMENT Attn: Leo W. Schrader, Risk Manager P.O. Box 4748 Clearwater, FL 33758-4748 Re: Liquidation Nos.: 46645 & 51850 Claim: Manufactured Gas Plant Site Policy Nos.: SES92002 & SE591452 Claimed Amount: $1,000,000.00 (each) NOTICE TO CLAIMANT The Liquidator of Southern American Insurance Company (SAIC) of Salt Lake City, Utah has reviewed the-above stated claim(s). Based upon review of the documents that were submitted, the records of SAIC, the Liquidator has APPROVED the claims in the amount of $25,000.00 (each) and DENIED $975,000.00 (each) with the assigned priority, classification of Class 3. See the attached copy of a Anuntal9d Section 31A-27-335 for an explanation of claim classifications. The Liquidator's claim determination must be reviewed and approved by the Court pursuant to Utah Code Annotated Section 31A-27-336(2). Distribution will be based on a pro rata percentage of assets available for distribution to each class of claim approved by the Court and shall be paid as directed by the Court. Any-allowed claim will be reduced by an amount paid on behalf of SAIC by any Guaranty Association. The Liquidator is currently unable 'to'estimate the time when a distributioni will be made. The reason for the partial denial is based on the compromise agreement entered into between Mr. Di Mauro and SAIC on May 17,2001, Please review this letter and your records for accuracy, If you agree with the approved claim amount and priority classification assigned, please have the enclosed Release and Waiver form signed and notarized and rt1si 't? to this nfFce as snoLta ss' If you disagree with the Liquidator's determination of your claim either in full or in part you j have the right to object to the determination of your claim. To object to the detemlinatlon you tiiust file a written objection carrying the lieading, Iil re Southem- American Insurance Com11,1 fly. Civil,C'ase No- 920901617, Judge Glenn Iwasaki, Third Judicial District Court, 450 South State ' Street, Salt Lake City, Utah 84111, within sixty days from the date of this notice. You must also surd a copy of the objection to the Liquidator at the address on this`letterhead. Ifygil hfhil to file a written nhiection wilh (11.Q Covert and witl] 113c Lki 2'c o wilhili 01r, ' d til]it. you will 13sve waivfA. ] voor riglit tn_obi-ecullid-tile _Iicluid.tl?i?'S detP?n?illzsi{??will st-and and-yru will Lavs i11I fill-tiler right of 71 d , SOUTHERN AAIERICAN INSURANCE COMPANY IN LIQUIDATION 215 SOUTH STATE STREET, SUITE 300 ?i1lD SALT LAKE CITY, UTAH '84111 PHONE: 801-595-8222 FAX: 801-595-7004 Al1r 0 3 ?c+ City of Clearwater RISK MANAGEMENT Attn: Leo W. Schrader, Risk Manager P.O. Box 4748 Clearwater, FL 33758-4748 Re: Liquidation Nos.: 46645 & 51850 Claim: Manufactured Gas Plant Site Policy Nos.: SE592002 & SE591452 Claimed Amount: $1,000,000.00 (each) NOTICE TO CLAIMANT The Liquidator.of Southern American Insurance Company (SAIL) of Salt Lake City, Utah has reviewed the above stated claim(s). Based upon review of the documents that were submitted, the records of SAIL, the Liquidator has APPROVED the claims in the amount, of $25,000,00 (each) and DENIED $975,000100'(each).with the assigned priority classification of Class 3. See the attached copy of Utah Cody Annotated Section 31A-27-335 for an explanation of claim classifications. 'rhe Liquidator's claim detenmination must be reviewed and approved by the Court pursuant to Ulan Code Annotated Section .31A-27-336(2). Distribution will be based on a pro rata percentage of assets available for distribution to each class.of claim approved by the Court'and sliall be paid as directed by the Court. Any allowed claim will be reduced by an . amount paid on behalf of SAIC by any Guaranty Association. The Liquidator is currently unable to estimate the time when a distribution will be made. The reason for the partial denial is based on the compromise agreement entered into between Mr. Di Mauro and SAIC on May 17, 2001. Please review this letter and your records for accuracy. If you agree with the approved claim aniouiit and priority classification assigned, please have the enclosed Release and Waiver form signed and notarized and returi0t_to ihis_r?ffice as snon as possible, If you disagree with the Liquidator's detennination of your claim either in flull or in part you have the right to object to the determination of your claim. To object to the determination you must file a written objection carrying the heading, In re Southern Atnurcan Inssumince conil2anv. Civil Case No. 92090161.7; Judge Glenn Iwasaki, Third Judicial District Court, 450 South State Street, Salt Lake City, Utah 84111, within sixty days from the date of this notice. You'must also send a copy of the objection to the Liquidator at the address on this letterhead. LEY-ou fail to file 4n written 0-I'l, ctinn with the Cnttrt and'with fl e Licl.l6dalor. within the specified titile,,you will have vaivscl Ynlir right to ohiect :tt?d die I.i uid ot''_s_sletgniiinalion will staid ttlit yoi} ?? itl have no fi KIher riv lit of anpeal. • s RELEASE AND WAIVER CITY OF C'LEARWATER, (hereinafter "Claimant"), a claimant in the Southern American Insurance Company (SAIC) liquidation proceeding,rin consideration of the recommendation of the Liquidator of SAIC to the supervising court, agrees that its. claim in the liquidation proceeding, be allowed in the proceeding as a Class 3 claim in the sure of $25,000,00: It is expressly understood and agreed that a pro rata distribution based on assets available for distribution shall be paid as shall be directed by the Court., Claimant does,hereby for itself, its successors and assigns, remise, release and forever discharge the Liquidator of SAIC, individually and in his official capacity, his heirs, executors, administrators, assigns and successors in office, Special Deputies, employees and agents; the estate of SAIC and the State of Utah from any and all right, cause of action,.claim or demand of whatsoever kind, nature or description at law or in equity or created by statute which it now has or which it or its successors and assigns shall or may hereafter !lave. Claimani expressly waives all right, including but not limited to rights to notice, and hearings either in court or before the Liquidator of SAIC to which it is entitled under Utah Codc Annotated 31A-27-332'and Section 31A-27-336 or otherwise and in anyway coniiected with, related to, or arising from the SAIC liquidation. Claimant understands and agrees that its claim as stated above is fully compromised and settled and is not in dispute. .It is expressly understood and agreed that Claimant's claim will be recommended for payment to the Third Judicial District Court in the Liquidation proceeding in the amounts stated above and that it shall receive a pro rate distribution on said amounts as the Liquidator is authorized or permitted to pay. IN WITNESS WHEREOF, CITY OF CLEARNVATER has caused this release to be signed by its duly authorized officer, director or agent this day of .2001. BY Its: State of } :Ss County of ) On the -day of , 2001, before me personally appeared . who by me'being duly sworn did depose and say that he/she resides in , that he/she is the of CITY OF CLEARWATER, and is authorized.to execute this document on its behalf. ''NOTARY PUBLIC Residing in: My Commission Expires: _ Proofof Claim No.: 46645 f , RELEASE AND WAIVER CITY OF CLEARWATER, (hereinafter, "Claimant' a claimant in the Southern American Insurance Company (SAIC) liquidation proceeding, in consideration of thexecommendati.on of the Liquidator of SAIL to the supervising court, agrees that its claim in the. liquidation proceeding, be allowed in the proceeding as a Class 3 claim in the sum of $25,000.00. It is expressly understood and agreed that a 'pro rata distribution based on assets avaiiable for distribution shall be paid as shall be directed-by the Court. Claimant does hereby far itself, its successors and as% !ns, remise, release a'' d forever discharge the Liquidator of SAIC, . individually and in his official capacity, his heirs, executors, administrators, assigns and successors in office, Special Deputies, employees and agents; the estate of SAIC and the State of Utah from any and aI! right, cause of action, claim or demand of whatsoever kind, nature or ' description at law or in cquity or created by statute which it now has or which it or its successors and assis shall or may hereafter have. Claimant e.cpressly %vaives .ill right, including but not limited to rights to notice, and hearings either in court or before'the Liquidator of SAIC to which it is entitled under Utah Gode Annotated 3 IA-27-332 :end Section.31 A-27-336 or otherwise and in any way connected with, related to, or arising from the SAIC liquidation. Claimant understands and agrees that its claim as stated above is fully compromised and settled and is not,in dispute. : It is expressly understood and agreed that Claimant's claim will be recommended for payment to the Third Judicial District Court in the Liquidation proceeding in the amounts stated above and that it shall receive a pro rate distribution on said amounts as the Liquidator is authorized or permitted to pay. IN WITNESS WHEREOF, CITY OF CLEAR«'ATER has caused this release to be signed by its duly authorized officer, director or agent this day of .2001. , f BY Its: State of ) t :ss 4 County of ) On the -day of , 2001,,before me personally appeared who by me being duly sworn did depose and say that he/she resides in , that he/she is the of CITY OF CLEARIVA'TER , and is authorized to' execute this document on its behalf. NOTARY PUBLIC Residing in: INly, Commission Expires; . 'Proof ofClaim No... 51850 Worksession Item _ Clearwater City Commission Agenda Cover Memorandum Final Agenda Item # Meeting Date: 9_4/8,2001 SUBJECT/RECOMMENDATION: Approve the purchase of property, casualty, liability, workers' compensation, emergency medical services (EMS), fuel tank, and flood insurance coverage for Fiscal Year 2001/2002 as provided for in this agenda item in an amount not to exceed $1,225,858, 19 and that the appropriate officials be nuthorizod to executo lama. SUMMARY: • The Risk Management Division of the Finance Department purchases insurance coverage for the City in the above-named areas. The City Administration, through its Risk Management Division, recommends that the City purchase insurance coverage for-FY 01/02 as follows: Insurance Coverage Co,l2any d Excess Property - Agent (insurance & Risk Management Services, Inc., Naples, FL) ($236,548'1112, including the Sand Key Bridge) (90% of Total Insured Values) 5 Million 15 Million 216 Million + Premium Lexington Insurance Co, $270,608 Westchester Insurance Co. $250,254 Royal Surplus Lines Ins, Co. $180,000 IRMS Subtotal • ? Miscellaneous Coverage as shown below: -- Agent (A.J. Gallagher & Co - Tampa Bay, Clearwater, FL) Boiler & Machinery Marina Operators Legal Liability Underground Fuel Tank Liability Flood Insurance (specific properties) (estimated premiums for all properties) Hartford Steam Boiler Hartford Insurance Co - SE Commerce & Industry New Hampshire Ins. Co Gallagher Subtotal: $700,862 $ 7,435 17,500 8,374 16,754 $ 50,063 Reviewed by: Originating Dapartment: Costs: $1,725,858 Commission Action: Legal _ FINANCE/ RISK MANAGEMENT Cl Approved Budget . Loo Schrader $1,2258508 Cl Approved w/Conditions vm1 Total Purchasing ser Department: 01102 ? Danled Risk Mgt. Current Fiscal Year © Contlnuod lo., IS Funding Source: ACM. ll ? capitai e Improvement: Other Advertised: ? Operating: Date: ? Other: CIF Attachments: Paper: Submitted y ? Not Raqulred Appropriation Code Affected Parties: 59"7000-545100-619-000 ? Notified ? None City Manager ? Not required Q Printed an recycled paper • Miscellaneous Coverage as shown below: Agent - (Acordia Southeast, Clearwater, FL) Crime & Dishonesty Excess Liability ($5,000,000) First Layer Excess Liability ($5,000,000) Second Layer EMS Liability (Reimbursable) GL, Professional, & EMS Business Auto Excess GL! Professional/Auto/EMS Total Premiums for Alf Coverage Shown Above Travelers Casualty 5,224 North River Insurance Co 238,000 Markel America Insurance Co. 26,000 Underwriters'at Lloyds/GL 61,600 National Indemnity Company, 44,109 TIG 50,000 EMS, Subtotal 155,709 Acordia Subtotal $424,933 $1,175,858 • The City is required by a contract with Pinellas County to purchase EMS liability coverage. The cost of the EMS liability insurance to the City is $155,709, but the City is reimbursed that expenditure by Pinellas County. • Risk Management Division staff is recommending purchase of insurance coverage for the City as shown above. The overall premium increase for property insurance between FY 01/02 of $700,862 and FY 00/01of $415,742 amounts to the sum of $285,120. That increase is due to three factors. A rate increase is responsible for $163,277 of the increase and an increase in the City's Total Insured Values (TIV) is responsible for $91,843 of the increase and $30,000 of the increase Is due to an increase in the City's property insurance coverage from $100,000,000 to $236,548,112. TIV for FY 00101 was $218,160,365 and the TIV for FY 01102 is $262,386,791. •' All property risks are covered at levels and rates which, when taken together as a whole, represent a reasonable and conservative insurance program for the City. • The recommended purchases are for a one year term beginning October 1, 2001 and ending October 1, 2002, except the flood insurance policies are individual policies with different terms and effective dates. The underground storage tank policy also has a different term running from May 20, 2001 to May 20, 2002. • The difference of $50,000 between the sum requested for insurance premiums of $1,225,858 and the expected expenditure of $1,175,858 is to allow for some changes in insurance expenditures during the fiscal year. Most often these changes arise as a result of acquisition of additional City property, or the construction, or the leasing of new City facilities. • The FY 2001/2002 budget includes $865,800 for insurance premiums. The difference between the projected expenditure of $1,225,856 and $865,800 of up to $360,058 will be provided at First Quarter from unappropriated retained earnings of the Central Insurance Fund. 2 N o . d a N O A O A N a 0 d r Ch C1 a) C? (b W ti U ? C) A IX LLJ NN ti A Z ? 0 °'- ?JN ? q [r ) w ? U UO U W Q 0 La rn UFU W Q ? 0 ? IL r W O U N tn 0 "W tt v Q « * (2) c CV) 0 W ( 0 0 M CV O ti cd td In k6 to Lr) n r4 co a N o « cC N N LO ti « ? T C r ui cti L6 ui 06 et r w r 4t7 `rt N r co "RT 4 to I- v G • 41 'ay co 0) Ln r O a m Do v M Q 'r 1. c tr7 cl v GO 00 46 a- r N ' M 0) r N 00 1r 00 u7 I- m o « +k ° 00 c U') V « a o_ Cl C v C N co CQ LO C7 G1 Ln r 07 M 0) i N 00 op am LO IT v th d N a o r - N t ti M Cl « « C) a) a) in - 65 M t G w v z u r a0 t(7 t N N tr M tr) « < to `r in (D 0) l co u i M ti rn Z 00 0 0 r N r co M C17 in ~ 0o ti s -- N to to N I- r r to r z c-,! (d CNI co, (3i t6 m co cq 00 M N v- N C] Q M Q I- v co rn Z I Z o td N ti N tD `f c 0 w m U cu C. O c U :rt o2f N N C h 'd l 1? N ? ..! 11 Z a u1 W m li L W W W ru R t- '? r N p R ? M r co C) L{7 V A N ti CM3 w v N u° o A 0a 1 d 9 E R . Q gn ca o CD C'i cn r LO O to v O Q r e1 00 A ti ? 0 co ao C) ? O W) co d co 00 C7 co t? c? O LO co O m 0o C v a L- 0) ? a t7 U ] m .a cu E in E a. c O 000 a i it -K it t'- t-- a) 0] co . ( 04 N d' r .- in LI ?s rn La LO c a U a (n to j w a J E ? E m cf) ` ? a . a. • • W I-- -j z } FN I/ WATERS. RISK MANAGEMENT 6580 64TH AVENUE NORTH PINELLAS PARK, FLORIDA 33781.5218 a' TELEPHONE (727) 546-5644 ? FAX (727) 546-2712 ' Independent Risk Management and Employee Benefits Management Consulting Only - No Sales j Allan Paul Waters, CPCI,CLU,ARN1,A1C J. Hayden KnoWton, CPCU,ARM,A1C Member, Society or Risk Managenwnt Comiultants Member, society or Risk Management Consultants August 25, 2001 To: Mr. Leo Schrader, Risk Manager, City of Clearwater From:,.. Al Waters CPCU, CLU, ARM, AIC and J. Hayden Knowlton CPCU, ARM, AIC Re: Property Insurance Renewal This is a brief report to supplement the City's renewal 'purchase recommendation for properly insurance for 2001. „ BACKGROUND The City's property insurance renews October 1 and 2001 renewal conditions arc extremely dif- ficult in obtaining competitive proposals. The City last sought competitive proposals in 1998 and awarded a contract to Insurance and kisk Management Service,'Inc. (IRMS) of Naples, which provided the best proposal with a combina- (ion of insurance companies. Last year the City sought renewal alternatives and ultimately remained with the same agent and insurers. This year, in the interest of soliciting competition, the City pre-qualified several insurance agents to go to market, and because of tight insurance market conditions for property coverages, pre- qualified four agents. Simultaneous with the pre-qualification process the Risk Management Department devoted con- siderable time to up-date the City's property insurance schedules to reflect current values of City facilities. The'agent qualification process was the first phase of the overall competition, and focused on the agents submitting proposals for the first $5,000,000 of coverage. Only two of the four agents, produced-proposals for $5,000,000 of coverage. Of the two agents, one (Acordia) was selected for the second phase of the competition, in which all insurance markets (other than the current insurers) were released to Acordia, to attempt to complete the offering of the full amount of the coverage needed. FINAL PROPOSAL Acordia was given additional time to solicit the remainder of the needed coverage, but was un- able to provide all the coverage that is needed.' It was concluded that renewal with the City's current agent and insurers is the best program cur- rently available. Property fnsurance Renewal page 2 INSURANCE MARKET PROBLEMS , The problems that the city of Clearwater encountered while soliciting competition for its insur- ance are similar to problems encountered by many other Florida coastal cities and public entities ' seeking property insurance for large amounts. In many instances; fewer than three proposals are being received. A prime example was in the case of Tampa Bay Water, which conducted a similar process to pre-qualify agents and to allow agents additional time to provide property insurance' proposals. Tampa Bay Water was only able -to receive one proposal, from the Florida League of Cities, and no"others could be'produced even ? by some 'of the largest insurance agencies/brokerages in the country. E RECOMMENDATION In conclusion, we recoirimend that' the (City renew.'its coverages with the current agent and the e proposed insurers. Ab • w Worksession Item 1h Clearwater City Commission Agenda Cover Memorandum Final Agenda item # ?Z Meeting Date: (o-Of SUBJECT/RECOMMENDATION: Approve the First Renewal Option of two authorized for Bid 68-00, Installation of Gas Mains, Service Lines and Exterior Underground House Piping in the amount of $955,185 to Mastec North America, Incorporated, 19 and that the appropriate officials be authorized to execute same. SUMMARY: • Mastec North America, Incorporated, 7221 Dr. Martin Luther King Jr. Boulevard East, Tampa, FL is one of Clearwater Gas System's two outside contractors which install Gas Mains, Service Lines, and Underground Exterior House Piping to meet residential and commercial customer requirements in support of gas sales and operations. • Mastec was the lowest and most responsive bidder on Bid 68-00 and has performed satisfactory work during the current contract period that expires on September 30, 2001. • Mastec has agreed to hold current pricin&on the estimated quantities in Bid 68-00 in the total amount of $955,185 for the new contract period of October 1, 2001 to September 30, 2002. • This is a contract for labor, equipment and restoration. • Funds in the amount of $796,685 will be transferred in a 3`d quarter budget amendment from 315-96374, Line Relocation Pinellas to project 315-96377, Pinellas New Mains & Service Lines. There is no impact on the projects from which these funds are withdrawn. Funds are 'available in the preliminary Fiscal 02 Budget, 423-02068-531100-532-000, South Pinellas Gas installation in the estimated amount of $75,500, and 423-02178-531100-532-000 North Pinellas Gas Installation in the estimated amount of $83,000. Materials used will be withdrawn from Clearwater Gas System inventory and charged to the project and cost centers for resale. Reviewed by: origmating Dept: V, Costs Legal ? Into Srvc NA Clearwater Gas System 7,01,11 $955,185 Budget Public Works NA User Dept. Funding Source: Purchasing DCMIACM Clearwater Gas System 'tom Sewell, 562-4912 Current 0 C4 X FY Risk Mgmt NA Other NA Attachments: OP X Other Submitted by, Appropriation Code: 315.45377, 423-0206U- City Manager 531100-532-000, 423-02178-531100-532.000 Arinlml nn rervelpd nanor RPV_ 2198 •? asTec `June 14, 2001 , Mr. Tom Sewell Clearwater Gas System. 400 North Myrtle Avenue Clearwater, FI, 33755, Re: lnstalintion of Gas Mains and Service Lines Bid # 68-05 , Dear Mr. Sewell: At 'this time 1 would like to confirm our desire.to extend the above-mentioned contract that 1 expires;an September 30, 200 1. ' It is our understanding that if the extension is approved it will be s for 12 months at the present unit rates. j We look, forward to working for and with you in the future and strengthening our relationship with you and your company. Your cons ideration'and approval of our request would be. greatly appreciated. , I fYau have any questions please let me know. , Sincerely, ; Charles D. Duff Division President MasTec North America, Inc. 7221 Dr Martin'Uther King Jr Blvd East; Tampa Florida 33619 813.621.0881 fax 813.626,3740 'www.mastoo.com (3) Occupational Safety and Health Act (OSHA) as applicable to this contract. 15. PROVISIONS OF OTHER AGENCIES:- Unless otherwise stipulated by the bidder, the Bidder agrees when submitting his bid to make available to all municipalities within the State of Florida, the prices he submits, In accordance with the bid terms and conditions, should any, Municipality wish to buy under this contract. 16. COLLUSION: The bidder by affixing his signature to this Invitation to Bid, agrees to the . Following; "Bidder certifies that his bid is made without previous understanding, agreement or connection with any person, firm, or corporation making a bid for the same items and is In all respects fair, without outside control, collusion, fraud, or otherwise illegal action. 17. VARIANCE IN CONDITIONS: Any and all special conditions and specifications attached . hereto which vary from General Conditions shalt have precedence. 18. APPROPRIATIONS CLAUSE: If the contract'extends beyond the current fiscal year, which ends on September 30", the contract shall be contingent upon the availability of funds appropriated for such purposes in.the City's annual budget for'the next succeeding fiscal year. 19. BID PROTEST PROCEDURES: Bid protest procedures are contained in the City of Clearwater Purchasing Manual. Details may be obtained by calling the Purchasing Manager At 727/5624634, or may be picked up at 100 South Myrtle Avenue, Clearwater, Florida. 20. RENEWAL OPTIONS: Annual contracts may be renewed for two (2) subsequent years Upon mutual consent of both the City and the contractor/vendor.' Terms, conditions and Prices will remain constant unless otherwise specified In the Invitation to Bid. IF A TABULATION OF BIDS IS DESIRED, PLEASE ENCLOSE A SELF-- ADDRESSED STAMPED ENVELOPE WHEN SUBMITTING YOUR BID PROPOSAL ?S Clearwater City Worksession Item 4: Commission Final Agenda Item # -Z9 Agenda Cover Meeting Date: 1-6-0) Memorandum SUBJECT/RECOMMENDATION: Ratify and confirm the City Manager's decision to award an emergency Purchase Order in the amount of $85,000 to WIngfoot Brad Ragan Inc. Clearwater, Florida, for auto and truck fire service during the period: August 9, 2001 through August 3, 2002, d and that the appropriate officials be authorized to execute same. SUMMARY: • The previous Tire Service Contractor from City of Clearwater Bid # 12.01 was found to be deficient in the performance of the Contract requirements. The City and the Contractor have both exercised the option to cancel the Contract. This emergency procurement was necessary to provide continuous tire service to the City fleet unti[a new RFP and subsequent Commission approval can be obtained at the December 13, 2001 Meeting. As soon as the resultant Contract is executed, this P.O. will be cancelled, and the balance transferred to the awarded Contract and P.O. • Wingfoot Brad Ragan was the second lowest bidder for City of Clearwater Bid # 12-01 for Tire Services. • Funding of $85,000 (potentially) is provided in the Fleet Operating Budget. [reviewed by: Originating Dept. r? V__1 Costs Legal NIA Info Srvc N/A General Support Services Total 585,00D Budget Purchasing Public Worms 'N/ DCENACM User Dept. Various Funding Source; Current FY $40,000 Cl Risk Mgmt N/A Other Attachments OP X Other Submitted by: City Manager x None Appropriation Cade: 566-06611-550700-539- 000 Printed en rneunted nnner 2198 r _ Clearwater City Commission worksession item A Agenda Cover Memorandum Final Agenda item It Meeting Date; 1- (,D/ SUB JECTIRECOMMENDATION: Approve the new library Interlocal Agreement with other Pinellas County governmental units to continue cooperative library services through September 10, 2013. 91 and that the appropriate officials be authorized to execute same. SUMMARY: The City Commission voted to sign the library Interlocal Agreement and thus join the Pinellas Public Library Cooperative on January 20, 1994 with membership becoming effective on October 1, 1994. The original. Library Interlocal Agreement, signed by other Pinellas municipalities, was established on January 10, 1989, amended on September 19, 1995, and expired on January 10, 2001. This agreement established the Pinellas Public Library Cooperative and provides for cooperative library services between member governmental units and to residents•of unincorporated Pinellas County. Two short-term Library Interlocal Agreements were approved by the City Commission on January 18, 2001 and July 12, 2001 respectively. The current short-term agreement expires on September 10, 2001. The new Library Interlocal Agreement will expire on September 10, 2013. There are 18 participants in the agreement: Clearwater, Dunedin, Gulfport, Largo, Oldsmar, Pinellas Park, Saiety Harbor, St. Pete Beach, St. Petersburg, Seminole, Tarpon Springs, the Palm Harbor Community Services Agency, for the Palm Harbor Library, and, for the Gulf Beaches Library, Madeira Beach, North Redington Beach, Redington Beach, Redington Shores, and Treasure Island. Changes in the new agreement include: •' The East Lake Community Library will receive funding from Pinellas County (not, however, from the ad valorem tax levied on residents of the unincorporated area for library services). This amount will be $200,000 in the next fiscal year. • East Lake will use this county funding as a local match in the Cooperative funding formula. East Lake is projected to receive $163,438 in Cooperative funding in the next fiscal year. m The Board of County Commissioners will appoint three seats on the nine-member Pinellas Public Library Cooperative Board, one from each at-large district. Appointees must reside in the unincorporated area of the county. The remaining six board members will be appointed by the Cooperative Board. Member libraries will be solicited for board member nominations as they have been In the Reviewed b Legal k?? Budget X Purchasing X Risk Mgmt X Info Tech X Public Works D CMIACM Other X Originating Dept: LibrarylJohn Szabo User Dept. Library Attachments Costs Total N/A j 'Submitted by: City Manager printed on recycled naner t:7 None Funding Source: Current FY CI OP Other Rev. 2/98 Library Interiocal Agreement + The percentage of Cooperative funding going to the pool that is distributed based on library use will . increase from 6% in the first year to 10% in the fifth year. It will remain'at 10% for the duration of the agreement: The City receives the following benefits from participating in the Pinellas Public Library Cooperative: • The Library receives a portion of the tax dollars collected for cooperative library service from the unincorporated areas.of Pinellas County. This funding is based on local financial support for library services and library use, by non-residents. Clearwater's share; 2000/01 $705,920 1999100 $68,557 1998199 .$667,751 1997198 $665,467 1996197 $578,388 The library qualifies for the State Aid to Libraries program: state'dollars distributed to county library systems and library cooperatives. These dollars are expended by the Cooperative at the direction of member libraries. Clearwater's share: 1999100 $145,723 1998/99. $133,654 1997/98 3130,827 • 1996197 $116,868 1995196 $ 90,883 • Clearwater residents have borrowing privileges at 18 additional public library facilities in Pinellas County, all locations of the Tampa-Hillsborough County Public Library System, all locations of the j Pasco County Public Library System, the New Port Richey Public Library, the Bruton Memorial Library in Plant City, all St. Petersburg Junior College libraries,,and the public libraries in Sarasota, Manatee, Hernando, Citrus, Hardee, Highlands, Desoto, and Okeechobee counties. The Cooperative provides courier service between member libraries, a library for the visually' impaired, a deaf services program, and administration of cooperative projects and programs. In exchange for the above benefits, the City provides use of its five libraries to residents of the member governmental units. A copy of the proposed Library interlocal Agreement is available in the City Clerk's office. Staff recommends approval. , 1 I 1 •. '. •''' Re. Lax LIBRARY INTERLOCAL AGREEMENT 'INTERLOCAL AGREEMENT, between PINELLAS COUNTY, FLC'4- through its Board of County Commis'sioners.("BCC"), and the undersigned governmental units ("members"), for the establishment of and participation in a ccoperative library service for Pinellas' County (the "Cooperative") . WHEREAS, the original interlocal agreement entered into on the, 10`h day of January, 1989, and subsequently amended on the 19th day` of September, 1995, expired, on January 10, 2001, and a six month interlocal agreement was'entered into on,January 10, 2001 and.was.subsequent.ly amended and extended for an additional sixty 'days; and WHEREAS, within the'eight-month period, a new funding/disbursement formula was developed to deal with the changing circumstances in Pinellas County; and WHEREAS, it is'in r-he public, interest to execute the following agreement to' provide a free. public 1_hrary service for the use of the permanent residents of Pinellas County, "County"); and WHEREAS, this Agreement is-authorized by Section 163.01 of .the Florida Interlodal`Cooperation Act of.1969, which was promulgated .to permit, local governmental units to make the most effective use of their powers by enabling them to cooperate with other governmental units thereby providing services and facilities in a.manner and pursuant. to forms of governmental IIC77 .dTl7{1'OLIIUS?ERSW77)'4r17YKB36111'PDDCMDE!'rIR7'111EN11LItJ&11t1l1Af11.1013lfhrnn rnterlotplu?reen?entfinal.dnr - r 1 , , 1 ', 1. 1 .1 1 r organization that will include geographic, economic, population, and other factors' influencing. the needs and development' of local communities; and WHEREAS, any public agency of this state may exercise . jointly with any other public agency of this state any power, privilege,'.or auMhority which such agencies share in common and which each might exercise:separatelyv and' to this-Agreement have'determined.that' WHEREAS, the'' part in order to most effecti.ve,ly utilizes their. separate powers, a' cooperative. effort in the form of an Interlocai Agreement is needed; and WHEREAS, Sections 257.12 through 257,.25, Florida Statutes (2000), provide state funds to assist in the furnishing of library,ser•vices. NOW THEREFORE, in consideration of the mutual'benefits and ,in consideration of the covenants'and agreements.,set forth herein,..the parties hereto agree as 'follows: I. EXECUTION;EFFECTIVE DATE; PURPOSE: A. Execution; Effective Date: This-Interlocal Agreement may be signed in counterparts by the parties hereto. This Agreement shall become effective,on l September 10,' 2001. B. Purpose The purpose and intent of„this.Agreement is to establish and operate the"cooperative to extend library services 11CTY .el7T 1i'OLIIUS£RSL4TM17YK83G11t'PAOOSIDEP.41?TA!£N7lUe7RAI?11:0A1•N)13 llhrury +n?rrlacal ugreeme?l frrralydrx i to 'the ..unincorporated areas of the County and to municipalities,' that do'not have such services as of the effective. date of this ' Agreement, and to; improve library services to. residents 'of municipalities and library tax districts that have library, services as of the date of this Agreement- I. DEFINITIONS: A. Articles of Incor btation: "Articles of Incorporation" as, used in this Agreement refer. to the. Articles of Incorporation drafted by, three (3) ' incorporators designated by the Pinellas County,Board of.County. Commissioners ("BCC") and, after written approval thereof by the signatories''to the'1989 interl.ocal agreement establishing the Cooperative,,were executed and filed with the Sec.retary•of State pursuant to Chapter 617, Florida Statutes .(1987). B. Boards "Board" as used in this,Agreement refers to the Board of Directors'of the Pinellas Public Library Cooperative, Inc. C.. -Board of County Commissioners: "Board of County'Commissioners" as used in this Agreement refer's to the :Pinellas, County Board of County Commissioners and .may 'be. delineated as "BCC". a . 6v-L•aws ."By-Laws" a's used in'this'Agreement refer to the By-Laws drafted by three (3)' incorporators designated by the BCC. and were " ' N(`n_f7'1'lryl'UL11J1SkA:4l•ITI?'W77'K?3a?!!'1'UUC51pC!'?l1tTAf£h'71I.11JkfR}1?lJO1?A1.? llhrgn?nlrrlnculaKrcr?nrni flnuldoc ..approved by -the. ,s'ignatories to the 1989- interl-ocal' agreement establishing the Cooperative. E. Cooperative: "Cooperative",as used in this Agreement refers to the Pinellas Public Library.Cooperative, Inc. F. Count "County" .'as used in this. Agreement refers to Pinellas County, a; political •subdivi'sion of the State' of Florida. G. Disbursement Formula: "Disbursement Formula" as. used ,n this Agreement refers.to the formula acz:o'rding tb, which disbursements to, members of ; this Agreement shall be made-pursuant-to 'thisAgreement. The Disbursement Formula is attached hereto and incorporated herein as Exhib._t B.." , H. Governmental Unit: "Governmental Unit as used in this Agreement refers to . municipalities, library tax districts with libraries,a municipal, consortium offering library services, and the County. Governmental Units,which are signatories to this Agreement-are i.nc.l,uded within the definition of Governmental. Unit,' but may also be -delineated as "Members" ; ?. Member: "Member" as used in this Agreement refers to signatories to ' this Agreement. J.' Library; 4 i1('IT.A71'1VOLMUSERS1617!• .1 T}'!?l13bU1'!'!7r}C.S?p?i'I1?T'SfI:A'7111U1t lli}l?!lfll :lJf d lihrur?r rrrrrrluull ugre menl-nnnl.duc "Library" as used in this Agreement refers to the public library systems operated by members. To qualify as a "library" for purposes of this Agreement, the library must meet the basic standards set forth in the Policy on Admission which was adopted, by the PPLC.Board on September 22, "--998, a.-copy of which is attached hereto 'and incorporated herein. as Exhibit "A.` K. Unit of a Member Librar " "Unit of a member library" as used in.this.agreement refers to a library of members when said library exists wholly in unincorporated Pinellas County.' L. Year: "Year" as used in this- Agreement, unl'ass otherwise indicated, means the fiscal year from October 1 to September 30. i The fiscal year of the Cooperative shall run'from October' I to' September'30. III.' GOVERNING'STRUCTURE OF THE COOPERATIVE: A., Corporate Structure: The.Cooperative is a private non-profit organization incorporated under the Florida Not-For-Profit'Corporation Act, Chapter 517', Florida Statutes (2000). Additional members may be admitted in the manner specified in,the Arti les of Incorporation or 'the "By-laws.. B. Board of Directors:' 1. Membership. The Board of. Directors shall consist of nine 19) members who shall be. chosen in accordance with the lWl'f- A7TnV0ihV,4XRSW MU73'll'1i361;17'17005' DE1'AR7'Af£N711.111R,,11?)12001.2011 lfbrury inrrrlucalak'r?Irmenl filial da provisions'of the Articles of Incorporation.or.'the By-'laws. Members of'the Board of Directors at the times of the effective date of this.Agreement may serve out the remainderof their terms; vacancies on the'Board.shall'be filled in the ;Wanner specified in the Articles of Incorporation or the By-laws. Upon t-he'effective date of this Agreement, the By-Laws shall be amended to reflect that three members of the Board of 'Directors shall be appointed'by the BCC; said Directors must reside in the unincorporated area of Pinellas County at the time of their appointment, shall be appointed one from each of the.threa at- large"-districts of-the County Commission, and shall serve staggered terms. The remaining six directors shall be nominated by other members'and selected and approved by the Board of Directors and shall serve staggered terms. It is'intended that the Board of Director's membership will fairly represent the geographic areas to be serviced by the Cooperative., 2. Terms. The Articles of'Incorporatzon specify the term of office for Directors as three -(3! years and,provide that the terms shall be staggered. 3. Officers. The Officers of the'Cooperative shall be: Chairman of -,he,Board. of Directors, Vice-Chairrrian of the Board of Directors, and Secretary/Treasurer. The terms of office, election and.duties'of Officers shall' be-, as specified in the By- laws. M"I A7T)1VOLIIUSERStid77TU7YKB36fl17'DDCSIDE!'.tR7'AIEN71LIIIRAR)1111)!.11?13 hbrary u??erlotul ub'rel1?I?11!•flhpl.l?GC i 4. Compensation. Dire'cto'rs and Officers shall not be paid a'salary'or wages, but may be reimbursed for travel and per diem expenses in accordance with Section :12.061, Florida Statutes (2000) 5. Meetin s. The Board of Di_ectors.shall..meet.at least eight (8) times each year. Meetings shall be'conducted pursuant to the Sunshine Law, Chapter 286,, Florida Statutes. The Chairman or a,simple majority of the Board may,call emergency meetings. Such mee,t'ings-shall require 24-hours` notice. 6. Duties. The duties of the Board of Directors shall include,' but not be, limited to: " .a.' Managing the affairs of the Cooperativev b. Amending the By-laws; C. Establishing administrative policy.for operation of, the Cooperative; d,. Receiving and di'sburs=ng grant funds from state ' and federal sources'and entering into arrangements as appropriate in connection therewith, and receiving and disbursing funds from -governmen:.al units without libraries participating in the Cooperative; e'. Investing the Cooperative funds;' f. Employing and directing an administrator; g. Conducing open 'and'public meetings, the time and place to be. decided by the 'Board of Directors; 7 ' 1lC'7Y .f7"1??!'Ul.l1llS?f75'l•IT!?1r17'I'l?lf3flfl'f?D(?C'S'1U?PRltT{1G11'71LIf1Jt•!!t }"?l1Df.1?1131?brun' fnferlPC'ul ub+reNr??nlfinul,tfPC • Wk . ' h. Establishing the 'ope'rating budget for the Cooperative, which is subJect.to the approval of the BCC, ands. overseeing its executionf' including approving expenditures.for administration; i. Reviewing, and' app'roving'applications for capital funds for. expansion of existing library facilities and/or construction of additional, library facilities; t j. Advising the BCC and members with, respect to the budget, disbursements, extension and expansion of library services and other•affairs.of the Cooperative; k. Establishing and maintaining an-interlibrary loan program and its policies and procedures. .l. Submission'of funding requirements in accordance• 1 , with the,orovisions of Section V•. C.' Administrator: The governing Board shall employ a professional ' administrator. 1. Duties. The duties.of the administrator shall .include, but not be limited to: a. Maintaining information.for and submitting applications on behalf -of the Cooperative for available local, State, and Federal-library funds with Board.approval, filing reports with the Division of Library and.InformationiServicesr- pursuant to Section 257.16, Florida Statutes (2000), as may be amended; IVT) rl77M'Ol,l1USER.S'1r rtll,-ITYKldJ41117' 7UC5IDEI'efRT.IWILIPRARf -71701-2013 libran,interlocal agreement-frnal.dor b. Recommending and developing, 'with Board approval, cooperative.projects as a method of cost reduction and improved'efficiency; C. Planning for and developing centralized' coordination, planning, and.technical services.wo_king with local: libraries; d. Preparing and presenting the annual operating and capital budgets of the Cooperative to the Board. 2'. Qualifications. The,administrator must have an American Library Association.accredited degree in library science, and a minimum of five(5) years library administration experience, with experence,in'library cooperative administration preferred. D.. Advisory Council: A Librarians' Advisory Council made up of all, library directors of members, will assist the Administrator in developing, centralized 'coordination,' planning and othQr matters as appropriate. The Advisory Council will elect a chairman., The office of Chairman will be rotated yearly among the members of the Advisory Council. E. Long-Range and Annual Plans of Service: Each year 'an Annual Plan of Service and Budget shall be' developed containing goals, objectives, and activities and the budget that will support library services for'the year. These plans must clearly demonstrate that resources will be allocated 9 11CT}• :ITTytl'OL1ItlBERSL4rrn4TYKll3hl1ivPDOCSIDEI':fRTAIEN71LIBIt.IR.!'121)01-?013 library rnterlotal agreemenl-finat doe r F in a way that serves the goal of equal access to library services and consistency throughout the area. The initial long-range plan, established'at the Cooperative's inception, must be updated every three to five years.''The plan will be coo::dinated with' individual cooperating library long-range puns'{where they exist) and will meet the requirements for participation in the E State Aid to Libraries Program. The Cooperative Board will adopt the plans and disseminate them broadly in the.County. F. Reports The Cooperative Board will provide to, members annual reports on the progress toward meeting the objectives of 'the long-range plan and the annual plan,of service. The reports will be based on audited figures and will be'forwarded to members including the BCC, and the Division of"Librar;l and Information Services: IV. PARTICIPATION:' A. General: Participation will be voluntary and open to'any governmental unit. People residing in participating areas will be eligible to use the services of member libraries of the Cooperative without charge. People 'residing in governmental units or areas, not electing to participate will be excluded from the use of the CooperatiW s services unless the people join member libraries by paying an annual fee of $100.00 per household; such fee may be adjusted annually by a,majority of parties to this 10 IICT}'_r1T1'}11'OLIIIISEIIS-OTn'L47'YkH36111'PDOCSIDEI',fR7,tlEN7lLIBI?,lltY12001•d11131ibran• inrerlutal agreement final.dor i agreement'to`reflect inflation. People who' join by paying the annual fee to a member library will then be counted as residents of that member library's governmental uniti.n the application.of the disbursement formula. Participating entities may withdraw pursuant to the'provisions of Section VI. S. Members With.Libraries: 1. Autoncmy. Each member'with a "library 'shall continue to decide the level of ?ibrary service for its community, and shall•prepare its own budget. Each library shall remain autonomous and retain control of its operations and. functions, i . e•: a. Trust funds, individual gifts or donations.. made to a library shall remain the property of that library. b. All library staffs s`iall remain employees of the various members with no'loss in benefits; C. Each library shat remain the property of the member in which it is located, and all maintenance and repairs shall be-effected through operating budgets from allocated local appropriations. Z. Audis.. Each member with a library shall provide •-o the Cooperative by March 31 of each year an audited statement of its library•operating costs for its last completed fiscal year,. The audits are to be reviewed by.the Cooperative to aetermine the dollars expended.16cally for library operations.- Allowable costs for each.library shall consist of all.personnel !CTY„A777'11OL1lU.5ERS1r17TY417YKB361;1'NDOC.SIDE1'r1RrklEN71LIIrfW11)L201)1.2013 ffbrary'inferlocal as"emen!•fnal.dar and direct :operating 'costs, as provided for in th.e,State of Florida Chart of Accounts. All other costs, including faxed capital..items and debt expenses, shall be limited to $25,000.00 per year. 3. Materials and Services. Members w}th libraries agree`to allow all free circulation materials of existing community libraries to c.irculate'Lreely to residents of all participants in the Cooperative. Within policies established by each.library, residents of.members may borrow materials either directly from participating libraries,or through interlibrary, loans, and use all reference and public programming services, C. Members Without Libraries: 1. Basis for Funding Each member without a library, except the BCC, shall provide annual financial support to the Cooperative which, when calculated on a per capita (of population of such member) basis for any year, shall be equivalent to the average per capita funding, excluding all monies received from the Cooperative, provided during, the most recent preceding .year by the members having libraries. The average per capita funding provided by members'having libraries shall be calculated as' follows: The total expenditures; as adjusted for monies received`from the Cooperative, of the members from the most current prior year shall be divided by the'total population of the members to obtain the aggregate average per capita cost. For purposes 'of this 1 f1Cn};,,4MIfOLItUS£RSL,trll'trfT•YKB36ilf'/}DOCS1DEPiIRTdlEN7lLlBitl111121)OI-?O1.PliArrrry rrt?erloculugnrnrerrrfrraf.doc ' subsection C, funding" means the amount of library expenditures for any.ear as described in Section V'A by a member having,a,,, library, and "populatiomeans the number of,residents,residing in'the member governmental unit determined-in accordance with Section V A. 2. Underfunding: If any member's financial support paid to the Cooperative is less than the amount due under' Section V, then i1 such unit shall be deemed to have withdrawn from the-Cooperative (notwithstanding the provisions'of-Section VIA or VI C) .effective, thirty (30) days.after the giving of written notice to such unit of the deficiencv, unless payment of such deficiency is' made within such thirty (30) days.` in the event of such withdrawal, all funds due under Section 'V shall be immediately I due and payable as specified in Sedt_on Vi C. V. FUNDING MECHANISM: A. Determination and Notification of Per Capita Amounts for Members-without-Libraries:. The Cooperative, shah. advise by June. 1• of each year, each member without,.a library, of such unit's funding requirement for'the next fiscal years, together with the calculations by .'which such funding'requirement was determined and the backup information for such calculation, consisting of (i) average per capita locally funded library expehditures'of members with libraries for last ,completed year and (ii) appropriate population, 93 WT} _ I rnll'OLIIII.VER. 4VIM'WTYKB3611; PI)OCSIDEI'.fRTAIEN71tIf?R,IRY?:pfl!-?01311hrury imerlocal UKrt'e78ew f nat doC statistics. Libraries .operating 'as a unit"of a member library, shall not be included in this calculation. The expenditures shall be,based on audited.financXal statements for such last completed year in accordance with'budget line items identified in Section IV H 2. 'The population statistics used to calculate such per capita expenditures shall be for such year and shall be from the Bureau o_,Economics 'and Business Research of the University of Florida or' the 'Piriellas County Planning Department.. If. there are no changes in membership of the Cooperative, the County will collect'the full hallf-mill tax for libraries,' subject to the fiscal funding. provisions of. this Agreement, and submit the funds to the Cooperat`ive,in quarterly payments. Payments shall,be made' by each member without a library of annual financial 'support-- due from it in' four (0 quarterly pa finents of twenty-f rive percent. (25%) each. Members with' libraries will continue to fund their local libraries. and are not required to make any payment to 'the Cooperative for participation in the Cooperative. B. Fiduciary Resnonsibility for Funds: .1. Al funds of the Cooperative shall be maintained -in an interest-bearing public depository as set forth in Florida Statutes, chapter 280 (2000), as' may be amended; 2. Complete and accurate records shall be kept of the receipts and disbursement of all funds of the Cooperative; r i 14 il('77_dMIVOL11U.LF.1t.4M7T)'1.177' B36111'1'UOCS1DEPAR7;lE\'711.1NRiR?1?nOJ.?A1311hrary?nierlocalagreement-fnal.doc r 3. An annual audit. o the Cooper.atlve ,by an independent certified public accountant., to be paid for from the , operating funds of the 'Cooperative, shall be made and filed annually with the Department off'State; 4. The Cooperative shall abide by the terms and provisions of the laws of the State. of Florida and the-provisions of this Agreement and any other applicable Federal, State, or, local laws; rules and, reaulations. C. Disbursement:' The Board of Directors shall disburse funds received by„the Cooperative according to the formula below; rive percent (5%) of the monies collected from members without library service shall'be put into a capital improvements. fund to be used for.additions to existing libraries, for building new libraries, or purchase of special improvements to service other participants. A minimum of $200,000 of these reserve funds shall be made available annually for new construction and capacity', enhancing expansions that benefit unincorporated residents-and this amount shall not be cumulative. As long as a member remains a member of the Cooperative,' money received from the Cooperative's.capital improvement fund need not be paid back. However, 'il..and' when such member ceases to be a member of the Cooperative,..it shall have the' obligations described at Section VI B. W7!? ArrIVOLhL?SVZ5l.i77 VTYK036liVPUOC'S1LEP,,11171!£N71LIflYIRn 001.2111Jlib.un'IMerlaculu?retmen!•fitiuf.doe 2. Five percent (5%) of the monies collected from'members without library service shall be used'to fund the administrative costs of the Cooperative, including. the administrator's sal'ary;,. office supplies, rent and other costs related to. the administrative operations. 3. The remainina funds shall be distributed to members with libraries in accordance with the,disbursement formula, which is attached.hereto and incorporated herein as Exhibit "B." This distribution is to be, based on subm_ttal of annual library operating costs with descriptive codes in accordance with the State of Florida Chart of Accounts. All funds collected from sources o;.her than members shall be distributed in the same manner as funds collected from members without libraries. Funds received.by'the Cooperative shall be disbursed within a?'reasona'ble time (not to- exceed 90 days) after receipt. Establishment, construction and program grants received from'the state'shall be used in accordance with the provisions of applicable state law. Funds received from tht, BCC .,for.the support of a library, which is 'a unit of a member library but exists wholly in ,the unincorporated,are'a of Pinellas County, shall be considered as, additional local support for the member library for purposes of the application of.the disbursement formula. Allocations to,member libraries shall be pursuant. to the disbursement formula. 16 11M.;ATMI'UL11USEld U7771.IT}7:B36111'PDOCMEPAR7A!£A'71L111R.I R)'1nR1 •?013 llArary 11ffe'rlocal aRre'rnren!•final.dor t , . •4r a .. I , , The funding is then paid out to member libraries in quatte.rly checks. The libraries'sha.ll.use those funds for operation's of their libraries. The disbursement formula may only be amended by the Cooperative's Board of Directors, with the approval bf,_a,simple majority of the parties to this Agreement and the approval of the BCC, to reflect a.change in the Cooperative's composition. ?. 4. ,State Aid funds, establishment, construct=ion and program 'grants received from the state shall be 'used in, accordance with the''provisions of applicable.state .law,•F.S. 257 and'F.A.C. 1B-2 and' 1B-3. VI. WITHDRkWAL: A., All 'Barticioants 1. tAny member wishing'to withdraw'shall submit wr'tt•en notice thereof to the Cooperative no later than six -.(.6) mcnths prior to the beginning of any fiscal year of the' Cooperative. 2. Withdrawal of members without libraries may occur in the manner specy.fied in Section' IV C 2. B. Members-With a Librarv: A member with a library that submits a withdrawal notice to the Cooperative shall: 1. At the request of 'the Cooperative's Board, promptly furnish usage s`atistWts and an audit.of library operating costs for such.library's.last fiscal year completed 17 IIC.'rY_rITT}7i'OtltUSERSL4M'toT}KB36111'PAOCSWEP,4RT,%lEti71UBI1,tRYl.?MN-2111) library interlocal agreement-finol.doc prior to the.-date the'withdrawal'is'effective to.,insure maintenance of p:oper'accounting for the Cooperative; 2. Return to'the Cooperative within sixty (60) days after withdrawal, any special equipment or collections purchased for such member'with funds from the Cooperative capital' improvemen_'s fund for a-program function to service other participants. In lieu of' returning the equipment or'collection, 'the amortized balance thereof based on, a,n amortization -period 'of five'years from date of purchase may be repaid to the Cooperative. during the year following 'withdrawal; 3'.• Repay to the Cooperative within sixty (60) days' after withdrawal any then remaining unexpended and uncommitted funds received from the. Cooperative; and. 9.. Pay to the Cooperative during the year following withdrawal the unamortized cost based on a 20-year amortization of any building improvements paid for with monies from the ; Cooperative's capital improvements fund. After complying with the forgoing, the withdrawing' member with a library shall have no other obligation under this Agreement . C Members Without a Librar : No member.without a library may withdraw until it'has.paid .all sums due from it to the Cooperative pursuant to Sections IV and V. D. Termination_of Agreement: 18 WT}' AT ril W1. I I L'SERS1rl M1,1 7YKB36 ! 11T DGCSI DEA-1 RTMENDLINU R 112001-2013 hbrary inferl oeal agreement f nul dDC In the event, that, membe'r.s representing more than fifty. (50%) of. the total population of all members withdraw-under this.. Section,V1, 'or are deemed to have withdrawn under Section IV C 2 this'AgreemenC shall terminate;. In any event, this Agreement shall expire on September 30, 2013, unless extended upon the written consent of all members. E., Fiscal Funding _n the.eyent,that the BCC determines that the Cooperative, budget' does not 'require the levy of a full .half-mil•1 for the new . fiscal" period, the County shall notify. the Cooperative of the millage that will be, assessed f.or, ,t_K6t fiscal period as provided • for in-Section ' VA IN WITNESS WHEREOF, the parties hereto 'have,. caused this Interlocal Agreement, to be executed on the day and year ' first above written. 19 i1M_,17T1U'QLIIIISE1L5U7TMrYKD36111'PDOCSIUF.PARTA1FN71LIBk4RYL)n.01•:01311brai311nrerfvcal agreement fimal,dac' 06.20/20()1 12:07 FAS 727441893A PPLC OFFICE r?,"'•? Exhibit A FY 2000/2001 a icyOn Admission To The Pinellas Public Library Cooperative, Inc. Tor a Library Seed g Membership: The fauowing basic dtandards must be met by a araty wishing to become a member of t4 Caapt.tativc; 1. There must be a facility used as a public library and mai.utaixaea anti operated for that purpose. 2.-. The gaveming cudty must have an established source offzmds sari a budget for the maintwnce and operation of the U rary and nws'f be mulited each year, 3. There must be evidence that such fu di% is avafiahle, restricted for the hbrary and will confaue to be avaUaWe. 4. There must be at least one fully-accredited prnf --sional fibmim (a graduate of an American Mraty Association progm) to &m= the servi=, staff and pro_2= of 66 Ir?arary. . 5. The f$,cTq must be open at least 40 bans a wed .6.. The Libra must have a long-r plan and a conecdw development plea. Addido naHy, in today's hbnuy refit , the Library m= meet ADA requirements, must be in awordance with Equal Employmrat regulations, and must Hat &= =ate in its staf Or public ?s service policies. Whw the lt"brary and rte governing ca ti[ty determine that these standards can be met the attad Md Proced= for Admission r? = be follo w:xi Such requests may be ini tcd at any time but the finding cycle for the subsequent fi$cal year r&p&as a Marrh 31st dcadfi= Seethe PFacedures for Admission for. steps to be taken.. Adopted by the PPLC Board one 19 9g 05,'.'d-'!001 12. 03, FAM 727, 4418038 PPLC OFFICE Procedure for Admission To The Pinellas Public Library Cooperative, Inc. as a Member Library IM 003 1. The ]library seeia.ng admission to the Cooperative must provide documentation that it can meet the standards spelled out in the Policy on Admission. 2. The librwj must submit a letter of request. signed by. its governing entity (city commission, Board of Directors, etc.) to the Cooperative Baard/Admiruistrator, 3. Upon receipt of the letter of request and documerittion, the Cooperative Board and AdmiriLstrvor still review the request and appoint a Committee to visit and evalu&6 the library. 4. 7be committee wM dctmmi ne readiness for services by the requesting library and will report anywud mcsses to the Cooperative Board and the Brary's governing entity. S. if the governing entity wishes to pursue metnbex Wp it will be given a period of time in wfrich to correct the weaknesses and to prepare the library for final evaluation- 5. Upon receipt of the tinaf evaluation, the Cooperative Board will have up to ssxty ('60) days in which to vote upon adn isaior' 7. .Following a positive vote, the Cooperate Board wit present the library's governing entity with a copy of the Interlocal Agrc=ent which must be signe4 W returned,' and as agreement form fvr the basic policies and procedures in effect for member libraries including all public Gav= policies such as patron regisuarion, patron cards, rnwvials circulation rules and others, 8. In order to be inchrded in subsequent y, zes funding allocations, the procedures must be completed by March 31st itt aay givcn year. Adopted by the PPLC Board on . ?' 19 q Chair= EXHIBIT "B„ Funding Formula Base Allocations to members with libraries and,to units shall be 94% after the adjustments.stated in Article V C of the Library Interlocal Agreement and shall decrease by 1% each, year until it becomes 90 . 1. Each library's percentage of the total support extended,. as determined through the review of the,-annual audits, 'shall then be determined and translated into dollar amounts. The percentage of,the total support extended shall be determined by dividing the sums expended locally, for library operations, as set forth in Section IV 2 of the agreement, by the .total local support for•all members and units.' For units located in unincorporated Pinellas j County, in their first year as a unit, the annual allocation received from'the BCC shall be used to determine the percentage of total support extended. The members shall.' receive a percentage of the 'available funds Oqual to the percentage-of their total support extended as a base allocation subject to a maximum of 16% and a minimum of 4%. 2. Li.braries located in and serving'the unincorporated area that are operating as units of existing member.libraries r:IUSEI2SIATTYIATYKB3fi!W PDOCSNDEPARTNIENrLIBRAItY%PPLCdisbursement.linat.doc shall. not be' considered in' the ..application of the funding formula to` the, existing library of wh3ch''they are units, . but shall qualify for financing independently, as set forth in paragraph above and Article V of the.Library Interlocal Agreement, which shall be paid to the existing member library of which the library is a unit in addition to the r nds-the member library qualifies for. circulation Allocations to members. with libraries and to units shall be.6% after the adjustments stated, in Article'V C and shall. increase by' 1% per year until it• becomes,' 10%. 1. The'dollars available for distribution include the, balance 'remaining'af,ter the base allocation and the circulation pool. The circulation pool allocation percentage shall be'derived by taking non-resident circulation figures for•each library and dividing it by the total non-resident circulation for all mekbers. For unit, located in unincorporated Pinellas County, the circulation for the unit shall include all usage except usage from within the boundaries of the member library of which it is a unit'. r,1t.?sE[tstArr"ATYK036%WPDOCS1I)£f'ARTAIENTU..IBRARY%PPLCdlsburscmeni.fino),dot: 6?sm,, Cleat-water City Worksession Item 0: Commission Final Agenda Item # Agenda.Cover Meeting Date: ?- - °? Memorandum SUBJECT/RECOMMENDATION: . Discuss and affirm plan for library Foundation Involvement In the new Main Library project, ? and that the appropriate officials be authorized to execute some. SUMMARY: Recognizing that a significant portion of the total project cost for the new Main Library will come from a capital campaign conducted by the Greater Clearwater Public Library Foundation and that the Foundation has requested representation on the project team, the following is a plan for involving the Foundation in the project. Two representatives of the Foundation.will be project team members. The team currently consists of John Szabo, library director; Gary Johnson, city project manager; Doug Mann, Department of Management Services (DMS) project manager; representatives from Turner Construction; John Toppe, Harvard Jolly Clees Toppe Architects; Alex Lamis, Robert A.M. Stern Architects; and structural, mechanical,.and electrical engineers. Project issues will be resolved by the team and any conflicts will be resolved by the City Manager. Issues to consider in this discussion include: • Accountability. For every dollar in the project budget decisions must be made in the public interest whether that dollar is a public one or a private one. Ultimately, the City Commission is responsible for the project. The objectives of the entire team must reflect an awareness of this. • Budget. As with any capital project, resources are limited. The project team will be faced with many difficult decisions. These decisions must be made in the best interests of our citizens and City. • Mission. While both the City and the Foundation share.the goal of building'a new library, each entity understandably has different interests. Reviewed by Originating Dept: Lib h 41 S b / Cosls Legal X Info 5rvc x Jo n o ;1 za rary Total Budget X Public Work x User Dept. Funding Source: ' Purchasing X DCM/A Library Current FY ci Risk Mgmt X Other X Attachments On 7 Other Submitted City Mana r ? None A j ro riation Code: Printed on recvcled naner Rev. 2196 r Clearwater City Commission Worksession Item 4: JAR Agenda'Cover Memorandum Final Agenda Item 0 .? Meeting Date: SUBJECT/RECOMMENDATION: Approve.the five year Lease Agreement for marina building rooms 5 and 9 to George H. and Dara L. Greene, d/b/a Marina Gifts and Souvenirs, for a five (5)'year period, for the total sum of $145,044.00, plus yearly Consumer Price Index increases. X, - and that the appropriate officials be authorized to execute same. - SUMMARY: , On July 17, 1997, the Commission approved the conditional assignment of the remainder of the Marina Gifts and Souvenirs lease to George H. and Dara L. Greene. The lease will expire on September 30, 2001. They have satisfactorily performed all requirements of the lease agreement. Under the terms of this new five year lease starting October 1, 2001, the lessee will pay $2,417.40 per month plus tax, as well as, yearly Consumer Price Index (CPI) increases each January 1 ". In addition to the monthly rental, at the end of each lease year the Lessee pays an additional amount equal to ten (10) percent of yearly gross sales exceeding $241,200.00 throughout the term of the lease. The City received $34,456.19 in gross sales for lease-year ending September 30, 2000, $29,349.90 for lease year ending September 30, 1999, and $25,410.96 for lease year ending September 30, 1998. The Lessee is also responsible for all improvements to the space, maintenance, insurance, taxes and utilities. The square footage of rooms 5 and 9 is 1524. The Lessee was paying $17.50 per square foot on October 1, 1996. With yearly CPI increases, the per square foot charge is now $19.03. The lease is available in the City Clerk Department for review. Reviewed by: Originating Dept.: 14-1 Costs Legal ' Info Srvc N/A Marine and Aviation (Bill Morris) Total N/A Budget IA Public Works A User Dept.: Funding Source: Purchasing NIA DCMIACM Marine and Aviation Current FY CI Risk Mgmt Other Attachments OP Other Submitted by: City Managcr Aio4ov? None Appropriation Code: - Prtntodl nn rptvrtett naner M? ? LEASE AGREEMENT THIS LEASE AGREEMENT, made and, entered into this of , 2001, by and between the CITY OF CLEARWATER, FLORIDA, a municipal corporation, hereinafter referred tb, as "Lessor", and, George H. Greene and Dara L. Greene, d/b/a Marina Gifts.and Souvenirs, a Florida corporation, Rooms 5 and 9, 25 Causeway Boulevard, Clearwater, Florida 33767, hereinafter referred to as "Lessee." NVITNESETH: That in consideration of the covenants herein contained of the granting of this lease and the sums paid and to be paid hereunder, the Lessor hereby leases to the Lessee and the Lessee hereby leases from the Lessor according to the terms, conditions and covenants herein contained the following described premises in the City of Clearwater, Pinellas County, Florida, to wit: See attached E:chibit THE PARTIES HERETO HEREBY COVENANT AND AGREE AS FOLLOWS. L ' The. term of this lease shall be for a five (S) year period beginning October 1, 2001, and ending, September 30, 2006. The Lessor retains the right to terminate this lease for any municipal need consistent with the Lessor's charter, as well as failure to pay rent in a timely manner, or change in use of the property. In addition, Lessor may terminate this lease if the State of Florida or any of its agencies or political subdivisions thereof acquire the demised property or any portion thereof for a public purpose. This right of termination is in addition to the right of termination set out in paragraph 14 of this Agreement. 2. The Lessee hereby covenants and agrees to pay rental thereof as follows: a. To pay the total sum of $145,044.00 for the 60 month term of this lease, which shall be paid in equal monthly payments of $2,417.40. Each monthly payment shall be due and payable on the first clay of the month, and shall be delinquent if not paid on or before the fifth day f of the month. Also, a Consumer Price Index (CPI) increase will be added to the monthly rental payment on January 1st of each y ear of the lease. In-addition to the monthly rental, the Lessee shall,- at the end of each lease year, pay an additional amount equal to ten (10) percent of yearly gross sales exceeding $241,200.00 throughout the term of this lease. The Lessee will provide the Lessor within 15 days after the end of each month during the term of this lease a statement showing the amount of gross sales during that month. The statement used by the Lessee to report such sales will be in a Marina Gifts and Souvenirs Rooms 5 and 9 Lease Page 1 form satisfactory to the City Manager or his designee, showing the amount of gross sales for the month being reported and the amount of year-to-date gross sales for the lease year. The term "gross sales" as used in this paragraph means the entire amount of actual sales receipts, whether for cash or otherwise, for all sales of merchandise sold in, on or from'the premises. No deduction shall be allowed for uncollected or uncollectible'credit accounts. Such term shall not include, however, any sums collected and paid out for any sales or excise tax imposed by an governmental authority wherein Lessee is regarded as the collecting agent. b. Any amount due from Lessee to Lessor under this lease which is not paid before the day the''payment becomes delinquent shall bear interest at the rate determined by the City Manager, plus a late charge of Ten Dollars (S 10.00) to cover Lessors expenses in collecting such delinquency. c. In addition to the first month's rent of 52417.40, which is due and payable on.the first day of the lease, the Lessee shall pay $364.12 in advance as a deposit to secure the faithful performance of the Lessee's obligations hereunder., The Lessor may deduct from the deposit any amount that might become due from the Lessee to the Lessor for damage to the premises or for any reason or cause whatsoever except rent. At the end of the term of this lease, the deposit amount or the balance thereof, if any, shall be credited to Lessee's last monthly rental payment. 3. The demised premises shall be used only for the purpose of conducting therein the business of retail sales, limited to the sale of gift items, specialties, beach clothing and toys. 4. The Lessee hereby covenants and agrees to make no unlawful, improper, or offensive use of the leased premises. Lessee further covenants and agrees not to assign, mortgage, pledge, hypothecate or sublet this lease or any of its right herein in whole or in part without the prior written consent of Lessor. The consent of Lessor to any assignment, mortgaging, pledging, hypothecating or subletting shall not constitute a waiver of the necessity for such consent to any subsequent assignment, mortgage, pledging, hypothecating or subletting. If this lease is assigned, or if the premises or any part thereof are sublet or occupied by anybody other than Lessee, Lessor may collect rent from the assignee, sub-tenant or occupant, and apply the net amount collected to the rent herein required, but no such occupancy or collection shall be deemed a waiver of this covenant, or the acceptance of the assignee, sub-tenant or occupant as tenant, or a release of Lessee from the further performance by Lessee of covenants on the part of Lessee herein contained. If at any time during the term of this lease, any part or all of the corporate shares of Lessee shall be transferred by Marina Gifts and Souvenirs Rooms 5 and 9 Lease Page 2 ' y sale, assignment, bequest, inheritance, operation of law or other disposition so as to result in a change in the present effective voting control of Lessee by the person, persons or entity whicli, presently is the ultimate owner of a majority of such corporate shares on the date of this lease, Lessee shall promptly notify Lessor in writing of such change. If the new owner is a private or public corporation, Lessor shall promptly advise Lessee if it has any objections thereto and the reasons therefor. Lessor may terminate this lease any time after such change in control by giving Lessee ninety (90) days prior written notice of such termination, such notice to be provided within thirty (30) days following the time period provided to Lessee. Lessee shall not permit ar.y business to be operated in or from the premises by any concessionaire or Licensee. 5. Lessee agrees that it will promptly pay all'ad valorem real property taxes and personal property taxes that may be assessed and filed against the demised property or the leasehold created by this agreement, or both, during the term of this lease. Lessee further agrees that it will pay any state sales tax due on the rental payment made by the Lessee to the Lessor and that it will pay all other taxes and fees, including, but not limited to, occupational license, beverage license, and, permits relating the operation of the business conducted on the demised premises, which are required bylaw. Nothing herein shaft obligate Lessee to pay or to reimburse Lessor for the payment of assessments for permanent improvements, including but not limited to'sidewAs, sewers, and streets, that would benefit the demised premises. 6. The Lessee hereby covenants and agrees to pay all bills for electrical service to the premises when due, to Florida Power Corporation, in accordance with the company's rates and billing. At no expense to the Lessee, the Lessor: agrees to furnish a refuse disposal location and a refuse disposal container located outside the demised premises for the use of the Lessee. 7. The Lessee further covenants and agrees to operate the business authorized-to be conducted on the premises during the term of this lease, except for any period of time involved in natural disasters, including governmental orders or requirements such its evacuation for hurricane preparations, and any time necessary, to repair or replace any damage caused to the demised premises by as natural disaster. 8. The Lessee assumes full responsibility for and covenants and agrees to save harmless and indeiiuufy the Lessor from any and all liability for damage to property and injury to persons resulting from or in connection with the Lessee's use and occupancy of the demised premises under this lease. In addition, during the term of the lease, Lessee shall at Lessee's expense obtain and maintain Marina Gifts and Sotwenirs Rooms 5 and 9 Lease Page 3 l ¦" insurance coverage'conformin,g to the requirements in Exhibit "B" attached hereto. 9. If at any time during the term of this lease, the building or premises or any part, system or component hereof (hereinafter, the "demised premises") shall be dam:2ged or destroyed to the extent that. the Lessee cannot operate the business authorized to be conducted .thereon, and the Lessor determines that said demised premises can be restored by making appropriate repairs, the monthly rent .as provided for in,paragraph 2a above shall abate until the demised premises have been restored or until commencement of business by the Lessee, whichever is sooner. If the demised premises shall be totally destroyed or so damaged as to render it practically useless during the term of this lease, then and in that event, the Lessee or Lessor may terminate this lease as of the date of such damage or upon thirty (30) days written notice to the other party to this lease. In the event of damage or destruction as enumerated above, and except as otherwise specifically provided under this agreement, both parties waive any and all rights of recovery against the other party for any direct or indirect loss occurring to the demised premises or as a result of damage or destruction of the demised premises. In the case of demolition and reconstruction of the Marina or major renovation by construction, the Lessee shall be given the first, opportunity to bid for similar space, provided that space for Lessee's type of business is allocated therein. 10. Except as otherwise provided herein, upon the happening of any one or more'of the following events ("Events of Default"): a. Lessee's default in the payment of any rental or other sums clue for a period of five (5) days after the due date; b. Lessee's continued default with respect to any other covenant of this lease for a period of fifteen (15) days after receipt of written notice of such default by Lessee from Lessor, provided that if such default reasonably requires more than fifteen (15) days to cure, there shall be no Event or Default if Lessee has commenced curative action with the fifteen (15) day period and diligently prosecutes such action to completion; c. There shall be filed by or against Lessee in any court pursuant to any statute either of the United States or of any state, a petition in bankruptcy or insolvency or for reorganization or arrangement, or for the appointment of a receiver or trustee of all or a portion of Lessee's property, or if Lessee' makes an assignment for the benefit of creditors or if there is an assignment by Marina Gifts and Souvenirs Rooms 5 and 9 Lease Puge 4 ,z operation of law, or if Lessee makes application to Lessee's creditors to settle or compound or extend the time for payment of Lessee's obligations, or if execution, seizure or attachment shall be levied upon any of Lessee's; property or the premises are taken or occ-upied'or attempted to be taken or occupied by someone other than Lessee; however, in the event of execution, seizure or attachment, Lessee may, post a bond satisfactory to Lessor which bond shall stay the default resulting from any execution, levy, seizure or attachment for a period of 120 days. Failure to remove the levy, seizure or attachment within the 120 day period shall constitute an Event or Default, and the bond posted shall be forfeited; or d. Lessee's vacating or' abandoning the premises; then Lessor, at its option, may exercise any one or more of the, following remedies which shall be cumulative; (1) Terrninate Lessee's right to possession under this lease and re-enter and take possession of the premises, and re-let or attempt to re-let the premises on behalf of Lessee; however, such re-letting or attempt to re-let shall only involve a prospective tenant capable of providing comparable or better type service, at such rent and under such terms and conditions as Lessor may deem best under the cirrumstances for the purpose of reducing Lessee's liability, and Lessor shall not be deemed to have thereby accepted a surrender of the premises, and Lessee shall remin liable for all rents and additional rents due under this lease and for all damages suffered by Lessor because of Lessee's breach of any of the covenants of this lease. Said damages shall include, but not be limited to, charges for removal and storage of Lessee's property, remodeling and repairs, leasing, commissions and legal fees. In addition to its remedies hereunder, Lessor may accelerate A fixed rentals due under this lease, Li which event the Lessee shall be liable for all past due rent, accelerated rent and damages as described above; however, with respect to the accelerated rent, Lessor shall receive only the present value of such accelerated rent. At any time during repossession and re-letting pursuant to this subsection, Lessor may by delivering Written notice to Lessee, elect to exercise its option under the following subparagraph to accept a surrender of the premises, terminate and cancel this lease, and retake possession and occupancy of the premise on behalf of Lessor. (2) Declare this lease to be terminated, whereupon the term hereby granted and all. rights, title and interest of Lessee in the premises shall end and Lessor may re-enter upon and take possession of the premises. Stich termination shat be without prejudice to Lessor's right to collect from Lessee any rental or additional rental which has accrued prior to such termination Marina Gifts and Souvenirs Rooms 5 and 9 Lease Page 5 together with all damages, including, but 'not limited to, the damages specified in subparagraph (1) of this paragraph which'are suffered by Lessor because of Lessee's breach of any covenant under this lease. (3) Exercise any and all rights and privileges that Lessor may have under the laws of the State of Florida and the United States'of America. 11. The Lessee hereby covenants and agrees to keep and maintain the premises and fixtures located herein in good condition and repair during the term of this lease and any ea-tension hereof, imd to return the premises to the Lessor upon the expiration of the term hereof in as good condition as they now are, ordinary wear and tear and damage by the elements only excepted. No alteration or improvements may, be made to the premises without the written consent of the Lessor. Any and all fixtures attached to the premises shall revert absolutely and become the property of the Lessor upon the expiration of the term hereof; provided, however, that the Lessor at its option may require the Lessee to' remove all fixtures, partitions, racks, shelves or other improvements from the premises upon the expiration of the term of the lease at the cost of the Lessee. Any damage to the premises occasioned by said removal shall be repaired aft he Lessee's expense. 12. The Lessee, at its own cost, may place only window, wall or canopy signs on the demised premises, provided said signs are approved as to color, style and letter size by the Harbormaster of the Lessor, and additionally conform to the sign ordinance of Lessor presently in force or as may be amended from time to time during the term of the lease. No other signs shall be i ' placed or maintained by the Lessee on the premises. Any nonconforming sign now on the'premises shall be removed by the Lessee within 30 days of approval of the lease. The Lessee shall, upon expiration or ter nination.of the lease, completely remove any and all signs that have been placed on the leased premises by the Lessee. 13. If at any time during the term of the lease the Lessee is authorized to snake improvements to the demised premises, Lessee agrees in such event to indemnify and save harmless the Lessor as follows: , a, For any mechanic's lien wlvch may be asserted as a claim against the,leased propeny; and b. For faithful performance of the covenants contained in paragraph 11 above; and c. To obtain from the contractor a good and sufficient performance and payment Marina Gifts and Souvenirs Rooms 5 and 9 Lease Page 6 bond signed by a reputable insurance company doing business in Florida', which bond shall be in an amount equal to one hundred (1000/6) percent of the cost of construction of the contemplated improvements to the demised premises, guaranteeing that the improvements will be completed and that subcontractors, laborers and materialmen will be paid in accordance with the contract for the improvements. 14. In the event of the acquisition of this property or,any portion thereof by exercise of proper, authority, by any governmental agency other than Lessor, whether by eminent domain or otherwise, it is understood and agreed that notification of the institution of such action shall be ' promptly given Lessee, so the Lessee may intervene in such action as a party. Lessee agrees to' comply with the results of any such actions, and agrees to release and hold the lessor harmless from any damages resulting thereof. 15. Lessor covenants and agrees that upon payment by Lessee of the rents. herein provided, and upon observance and performance by Lessee of all the covenants, terms and conditions required of the Lessee by the lease, Lessee shall peaceably and quietly hold and, enjoy the leased premises for the term of the lease without hindrance or interruption by Lessor. 16.' Notices hereunder shall be given only by registered or certified mail, and shall be'. deemed given when the letter is deposited in the mail, postage and other charges prepaid, addressed to the party for whom intended at such parry's address first herein specified or to such other address as may be substituted therefor by proper notice hereunder. Lessors notices shall be directed in care of its Law Department at the above-cited address. 17. As required by Section 404.056(8), Florida Statutes, the Lessee shall take notice 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. 18. The undersigned shall personally guarantee to Lessor the timely performance of all covenants and provisions of this Lease Agreement, including, but not limited to the timely payment of all rent due hereunder. Marina Gifts and Souvenirs Rooms 5 and 9 Lease Page 7 1,9. This lease agreement con"stitates the entire contract between Lessor and Lessee concerning the leasing of the premises and consideration thereof. 20. In the event either parry seeks to enforce this agreement or interpret any provision thereof by law, or through attorneys at law, each party agrees to pay for its own attorneys fees and costs, and that jurisdiction shall be in a court of competent jurisdiction in Pinellas County, Florida. IN WITNESS WHEREOF, the parties' hereto have set their hands and seals this day , of , 2601. ' i Countersigned:, CITY OF CLEARWATER, FLORIDA By:. z Brian J. Aungst William B, Horne, II Mayor-Commissioner. Interim City Manager Approved as to form: ; . Attest: Carassas Cynthia E. Goudeau ' Assistant City Attorney City Clerk. Marina Gi s and Souven lGeorge . Greene Dara L. Greene- Marina Gifts and Souvenirs Rooms 5 and 9 tease Page 9 Exhibit "A" ; LEGAL DESCR=ON ' Roam/s 5, and 9,,Clearvvater Marina Building, located on Lots 11 and 12 of City Park Subdivision, according to the map or lat thereof as recorded in Plat Book 23, page 37 of the public records of Pinellas County, Florida'."' Exhibit "B" INSURANCE REQUIREMENTS { 1. ° Liability Insurance. Lessee shall maintain: a. Comprehensive General Liability insurance to include premises/operator liability acid electrical liability in an amount not less than $500,000 coinbined'single limit Bodily Injury Liability and-Property Damage Liability. b. Comprehensive Plate Glass Insurance on a replacement cost basis covering loss or damage by any means, except by fire, or war, whether declared or not, to the plate glass'. windows in the demised premises. c. Worker's Compensation Insurance applicable to its employees for statutory coverage limits in compliance with Florida laws. 2. Additional Insurance. The City is to be specifically included as an additional insured on all liability coverage described above. ' 3. 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. ' 4. Certified Copies of Policies/Certificate of Insurance. Upon specific written request of the City, the Lessee shall provide the Lessor with certified copies of all policies of insurance as required above. 4n the absence of a specific written request, the Lessee shall provide the Lessor with Certificates of Insurance shDwing the Lessee has, at all tunes, the insurance coverage required by the Lease. Unless notice is given to Lessee otherwise, such Certificates of Insurance shall be, provided to the Harbormaster. The first Certificate of Insurance required by the lease shall be provided to the . Harbormaster before occupancy of the demised premises by the Lessee. ' Marina Gifts and Souvenirs Rooms 5 and 9 Lease page 9 Exhibit ,1Co, GUARANTY OF. PAYMENT OF RENT UNDER LEASE AGREEMENT Guaranty, is made this day of , 2001, by George H. Green and Dara L. Greene of Marina Gifts and Souvenires, City- of Clearwater, County of Pinellas, State of Florida; herein referred to as "Personal Guarantors: being the owner respectively, of Marina Gifts and Souvenirs herein referred to as "Obligor: to CITY OF CLEARWAM-. CIO City Attorney,' ' P.O. Box 4748, Clearwater, Florida 33758, herein referred to as "Obligee". RECITALS I. Obligee has leased premises at 25 Causeway Blvd, to Obligor, whose business address is 25 Causeway Blvd., City of Clearwater, County of Pinellas, State of Florida, for use by Obligor in, conducting its business of retail sales, limited to the sale of gift items, specialties, beach clothing and toys.. 2. The lease is conditioned upon guarantors giving security, for payment of rent thereunder in the, form of a personal guaranty. SECTION ONE STATEMENT OF GUARANTY Guarantors guarantee payment of rent under the attached lease agreement pursuant to the terms thereof. If obligor defaults in the payment 'of any installment of rent, guarantors shall pay the amount of such installment within 30 days after receipt of notice of default and demand for payment. Guarantor's liability hereunder shall not be affected by reason of any extension of time for payment of any installment granted by obligee to obligor. SECTION 71,WO DURATION This guaranty shall not be revoked during the five year term of the lease. Thereafter, if the lease is renewed on the same terms, this guaranty shall remain in force until receipt by obligee of ' written notice of revocation from guarantors, or until terminated pursuant to Section Three hereof. Renewal of the lease on different terms shall, at the option of the guarantors, operate to terminate this guaranty as of the end of the five year period. Marina Gifts and Souvenirs Roams 5 and 9 Lease Page 10 SECTION THREE, LINUTATION OF LIABILITY The maximurn'amount recoverable by obligee from guarantors pursuant to this guarantee is % $145,044.0, which amount is equal to the total rent due during the initial five year term of the lease. If the aggregate of payments made by guarantors hereunder reaches the above-mentioned amount, . this guaranty shall ternunate immediately, SECTION FOUR WAIVER OF NO'T'ICE OF. ACCEPTANCE Notice of acceptance of this guaranty is expressly waived., IN WITNESS WHEREOF, guarantors have executed this guaranty at.. the day and year first above written. ; Witness Guarantor -- George H. Greene. Witness Guarantor,- Dara L. Greene r? Worksession Item 4: a R '? Clearwater City Commission 3 • Agenda Cover Memorandum Find Agenda Item # Meeting Date:' SUB] ECTIRECOMMENDATION: Ratify and confirm City Manager's approval of City co-sponsorship and waiver of City fees for both the FY 2000-2001 and the FY 2001-1002 Taste of Clearwater ,special event. held at the Harborview Center, 0 and that the appropriat_e_ officials be authorized to execute same. SUMMARY: City Commission policy regarding special events states: "All fees and related charSes will be waived for City-sponsored or co-sponsored events; i.e., Fun 'n Sun, Jazz Holiday, July 4", Turkey Trot and Martin Luther King Jr. Parade. There shall be an annual review of City-sponsored/co-sponsored events during the budget process. An agenda item approving co-sponsorship and waiver of fees for these events approved in the budget will be brought for City Commission approval at the beginning of the budget process each fiscal year. In the event additional money is requested beyond what is included in the approved budget,' City Commission approval will be needed before said additional funds are dispersed." * The Taste of Clearwater event has been.conducted for many years. It has recently been classified as a Special Event for public safety reasons due largely to the amount of outdoor food preparation taking place in the adjoining public parking lot. The City Manager has approved this reclassification. This one-time request is to obtain approval for both the current fiscal year (2000-2001) and next fiscal year (2001-2002).. The. 2002-2003 event will be processed Within normal special event guidelines: e There is no cash contribution toward this event. e The total "in-kind contributions" is $8,100 and includes: • Use of "City of Clearwater" as an event co-sponsor. Fire Inspector $ 200 • Police Services $ 500 Video Bulletin Board $ 1,000 Production/Exposure of Public Service Announcement on &VIEW $ 1,000 • Utility Bill Stuffer & Production ' $ 2,700 • Media Exposure of Banner over Court Street $ 1,000 • Miscellaneous PC&M Staff Time $ 1,700 e Co-Sponsorship and Waiver of City fees for FY 2001-2002 special events including annual City events and City co-sponsored events was approved by the City Commission on April 5, 2001, with an estimated cost of $303,820. This request is an additional special event with an estimated cost of $8,1 OQ. This additional special event will bring the total estimated cost for FY 2001-2002 to $371,920. e. The Special Events Committee recommends approval of the Taste of Clearwater event. Rev!e?ved by: Legal NIA Fire Originating Dept: Parks & Recreation Deparlm t Costs Total $8,100 Budget' Public Works IA Kevin Dunbar, Director Funding Source: Purchasing IA DCMIACM User Dept. Current FY CIP Police) / PC&M u/ Parks & Recreation Department OP Attachments: Vision Submitted by: aotl??_ Cit Manager 0 None Various Operating Codes: $8,100 Printed on recycled niner flew. 219H Taste `of Clearwater, September 18, 2001, 5:00 - 8:00 PM Primary Sponsor: Clearwater'Regional Chamber of Commerce Other S onsors: • City of. Clearwater • Jiffy, Reprographics • Clear Channel Outdoor Florida Power a Beautiful Baskets • Internet Junction • Elarborview Center • '.Star 95.7 FM • News Radio 97.0 WFLA • Time Warner • Clearwater Gas System. • Miles Media Group PartieWating Restaurants: 'Atlanta Bread Leverock's Backwater's Los Pappagalos, • BCT Wine Maccabee's Belleview Biltmore Mahal Britt's Cafd -Mugs & Jugs Buddy Freddy's Panera Bread. . Carrabas Papa John's Cascades Pete &,Shorty's Coca-Cola Pit Boss ' Columbia, PRP, Wine , Coney Express Rita's '. Cooter's Romano's Crabby Bill's Sam Seltzer's Crazy Horse Grille Schwan's De Franco's Sunsets at Julia's . Farmer's Market Shephard's FL Candy Factory Smart & Final Fred Fleming's French Croissant Frenchy's Melting Pot GreatBay Dist. Palm Pavilion GrillMark's Ward's Seafood Harborview Center Wendy's Harrison's Island Way Grill Jillian's Jimmy Guana's 1_t: Don Hall; 562-4120, of the Clearwater Police Department will handle public safety and maintenance of traffic. He will have four members of the Bicycle Patrol and two Americorp volunteers on scene with contingency patrols available If necessary. ¦ • Et 7?`+?rEti•`? Clearwater City Commission Agenda Cover Memorandum Worksession Item Final Aqenda Item # Meetlnp Date: 09-06-00 SUBJECT/RECOMMENDATION: Approve a Contract For Sale of Real Property with James W. Hudson, Jr., for a sinqle family residence legally described as. Lot 11, ENGHURST SUBDIVISION, alkla 1208 N. Garden Avenue, for the total purchase price of $47.551.50, less estimated closing expenses of $850.00, for net sale proceeds of approximately $46,701.50, _ and that the appropriate officials be authorized to execute same. _ T SUMMARY: • On June 21.. 2001 the City Commission approved an amended declaration of surplus property and authorized the subject property be offered for sale at a minimum bid amount of not less than $40,000. • Invitation For Bid No. 63-01 was issued July 18. 2001 and duly advertised in accordance with City Purchasing Regulations, ° Three bids meetinq bid .requirements were received at bid openinq on Auqust.2, 2001, Mr. Hudson's beinq the hiqhest and most responsive of the three. The other two bids were for $43,000 and $45,000. • Mr. Hudson will be applving for a fixed-rate mortgage up to, 95% of the purchase price for a term of 30 years. • Following contact approval Mr. Hudson will have 21 days to obtain a loan commitment. He will pay his own loan costs to secure the funds. The loan provisions are not uncommon in residential financing. • The buyer will have 15 days followinq contract approval to conduct termite, environmental and other property inspections. • If termites or other wood-destroying organisms are present in the property the City would be obligated to pay up to 3% of the purchase price for treatment and repairs. • -Closing is to occur within 30 days of contract approval by the City Commission. • Sale proceeds will first apply in fund 686-00000-128165000-000 (Community Development Block Grant Program/Deferred Loans Receivable) to retire the unpaid mortgage loan balance of $34.500 that funded construction of the subject residence. Excess proceeds will accrue in the fund for future loan purposes. Reviewed by: Legal Ci Budget Purchasing Risk Mgmt NA Info Srvc _ NAw Public Works DCMIAC PBDs- Housing Originating Dept:. yn q Public Works (E Barrett User Dept. P&DS - Housing Attachments A copy of the Purchase Contract is on fife with the City Clerk Submitted by: '?? • City Manager tx 1 Locator Map o.:..rb.a.,......,?..Iva.,,.,o?• 119 (1A I'nrripnrnnl dnnewhn9{li_decl Funding Source: Cl OP Other Rev. 219 S Costs NA Total Current FY 1° I?y 1?a w Mf? t rz m ep j-1 r P, tu co ff) 'm Q ??¦? a °gg' i? i 145 a n o a ¢ u Q W K -K El V2 a. S9 t{ 8 lZil m ° a ISi o < a a a a a a e?3 O ?F N • r? W 3: 1 Fri cm d1l 0 -1 04 T- Z 269A , n w ?. ui -'-j c? U co ?o Q WR P'1 N y b99Z v rwl tp R ? ? V „ ? M ,? ? y ??Lr? "' '~?'?? ? of "? '^¦'ao e° H 7 z N W ? ? ? ? 02 r r f4 'Z /? ' '? n 'ry y ?? N ' Y. wr ¦..? ? x g f1? t. e '*, d n A ? v ? W n n t ?? w ? (? 4 n 1 ? " ? Y ¦M JQ/?t ? ? 1! Qa 5 n p ? O l4/fe N ?I?? r f ?i1l? i 1 ?' I ll'Z f ? ' I?Ifr1 ? r ? ? 1 ? i ! r r r l 1 i ? ?? ? ¦ kit fi e ~ ' n • _ LU zw CO 0 N a 1 ? r r J! i I 1 ?1 i t N. r j L ---d ?? f r ?r ?L-J 1 II rf l? CONTRACT FOR SALE OF REAL PROPERTY BY ' THE CITY OF CLEARWATER,:FLORIDA PARTIES: The CITY OF CLEARWATER, FLORIDA, a Municipal Corporation of the State of Florida (herein ""Seller" or "City"), P. O. Box 4748, Clearwater, Florida 33758••4748, ATTENTION: City' Attorney," Phone: (727) 562-4754, 'and JAMES W. HUDSON, JR., a single man 2208 ' Hampstead Court, Safety Harbbr, fl. 33767 (herein "Buyer"), Phones (727( 204-4238 (collectively "Parties"), hereby agree that the Seller shall sell and Buyer shall'buy the following real property ("Real Property") and. personal property ("Personalty") (collectively "Property") upon the following rerms and conditions, THE "EFFECTIVE DATE" OF THIS CONTRACT IS THE DATE OF EXECUTION BY DULY AUTHORIZED CITY OFFICIALS: 'TIME IS OF THE ESSENCE IN THIS CONTRACT. Time periods of 5 days or less shall be computed without'ineluding Saturday, Sunday, or national legal holidays and sny time period ending on a Saturday, Sunday or national -legal -holidayshall be ' extended until 5:00 P.M. of the next business day. 1. PROPERTY DESCRIPTION LEGAL. DESCRIPTION: LOT 11, ENGURST SUB., as recorded in Plat Book 1, Page 23, Public Accords of Pinellas County, Florida. STREET ADDRESS: .1208 North Garden Avenue, Clearwater, Fl. 33755 PERSONALTY: Refrigerator, window blinds , ' 2. FULL PURCHASE PRICE ...•.. ..... S 47,551.50 3. MAMER OF PAYMENT Security Deposit to be made by Buyer within 72 hours of the "Ef=ecr.ive Date" and placed with Stewart Tirle Clearwater, . 1290 Court "street, Clearwater, FL X31 63 Ph 1589 S 2,000.00 Purchaser to qualify and obtain third party financing ac'. described.in Paragraph 4 not to exceed .... ... S 45,17D.00 Balance to be paid at closing in U.5. funds, cash, Certified or cashier's check, Jubject to"adjustments and'prorations.....`..... $ 381.50 4. THIRD PARTY FINANCING a. If the purchase price or any part of it'is to be financed by a third party, Buyer shnl'1 have 21 days following the Effective Date to obtain a firm commitment for the financing requires to complete this contract from lender "of Buyer's choice, and at. Buyer expense, upon the following rates and tarns: 1. [X) Fixed interest rate not to exceed [ ), L per annum [X) prevailing market rate, amortizes[ over a period of not less Chan 30 years. 2. ( ) Variable/adjustable initial interest rate not to exceed ( [ >i per arnum [ ) prevailing market rate at time of loan commitment, amortized over a period of not less than years. 3. ( ) Other terms: NIA 4. [X) Buyer shall have the right to waive this financing contingency and proceed with closing upon giving written notice of such-waiver to Seller. b..Buyer shall use"all reasonable diligence to obtain the commitment for the financing hereinabovc described and, thereafter; to meet the Lerms and conditions of the 'commitment' and to close the loan. If Buyer fails to obtain the loan commitment and promptly notifies the seller in writing, or after diligent effort fails to meet the terms and conditions of the commitment or to waive Buyer's right under this subparagraph with the time allowed for obtaining the commitment, then either pacty,may cancel this Contract and Buyer shall'be rofunded all deposits made hereunder, and both parties shall be relieved of any and all further obligations hereunder. ''5. TIME FOR ACCEPTANCE Following execution of this contrast by Buyer, the price, terms and conditions -as .ontained herein shall remain unchanged and be held unconditionally open for a period of 45 days following delivery in duplicate original to Earl Barrett, Real Estate Services Manager of the City of Clearwater for acceptance and approval or rejection by action of the Clearwater City COmmi!351On ("C0:rJnission")-. If, this agreement is accepted'and approved by the Commission, it will be executed by duly authorized City officials and delivered ro Buyer within 10 days thereafter. If this contract is rejected by the Comnission upon t initial presentation to the Commission, th:."s contract 'shall. be null and void `in all respects and Buyer shall be so informed in writing within -5 days of such action. Page 1 of 5 6 . TI TLE " Seller shall convey marketable,ti"tie to the Prcperry by SPECIAL VIARRANTY DEED, subject only to matters contained in Paragraph'7 and those otherwise accepted by Buyer. Otherwise title shall, be free of liens, easements and r_ncumbrances of record or }mown to Seiler, but. subject to property taxes for the year of Closing, if. any; cotenants, restrictions' and public utility easements of record; - ana, (other matters which title will be subject): No Othetn ;'provided there exists at closing no violation of the foregoing and none of them .prevents, Buyer's into nded use of the Prcperty-for residential purposes. 7. TITLE EVIDENCE Seller shall, at Seller expense and within 10' days prior to closing date deliver to Buyer a title insurance commitment issued by a F oilda licensed title insurer agreeing to liens, ,encutlbrances, exceptions or qualifications set forth in this Contract, and those which shall be diar.harged by Seller at or before closing. Seller shall convey a " marketable title 'subject only to liens, encumbrances, exceptions or qualifications set forth in this contract. Marketable title sha11 be determined according to applicable 't'itle Standards adopted by"The,Florida Bar and in accordance with law. Buyer shall have 5 days from roceiving'evidenc:a of title to examine it. If title "is found defective, Buyer' shall, within 3 days- thereafter, notify Seiler in writing specifying defect(s). If the defect(s) render title unmarketable, Seller will have 120 days from receipt of notice within which to remove the defect(s), failing which, Buyer shall have the option at' either. accepting the title as it then is or withdrawing fr6m this Contract. , Seller will, if title is, found unmarketable, make diligent effort to correct defect(s) in title within-the time provided theCefor, includi"ng the bringing of necessary suits. 0. CERTAIN RIGHTS,RESERVED As 'required by Section 270. 11, Florida Statutes, the Seller. reserves unto itself and its successors an undivided three-fourths 1,3/9) interest in,' and 'title in and to' 'an undivided three-fourths (3/91 interest in, all the phosphate, minerals, and metals that are or may be in, on or under the real property described herein, and an undivided one- half (1/2) interest in 'all the petroleum that is or may be in,, on, or under said. property with the privi-iege to mine and -develop the rsame. If the real ro ,sot bein conve ed hereunder is less than 20 eonti uous acres i:3 resent eve on or t ere Wrists'. future development p ansi_an_ t ereis tt a +kelihood ? the presence of an o? e minerals-a'i c.r?eum contem ZuCgd n Section 270.111 Florida Statutes, ii. s?]c instances.; a city express y,re eases the above described ^ri? ts. 9. SURVEY Buyer, at Buyer's expense, within time allowed to deliver evidences of title and to examine same, may have Real Property surveyed and certified to the Buyer, Seller and, closing agent by a registered Florida land surveyor.' If survey'ihows any encroachment on Real Property, or that improvements located on Real Property encroach on setback lines, easements, lands of others, or violate any restrictions, contract covenants or applicable governmental regulation, the same shall constitute a title.defect. pd or 10, HOOD DESTROYIIIG ORGANISM INSPECTION "Woad daatro in organism" means arthz9n2 ant i e which m3 ama e the woo in a atructure, an defined in F o .9. .021(25). Buyer may, at Buyer's expense, have the Property inspected by a Florida-licensed pest control business to, determine the presence in the improvements of past or present •infestation'and damage caused by infestation. Seller shall have 5 days after receipt of Buyer's" wri*ten report to obtain repair estimates from a licensed building or general 'contractor, and treatment estimate from a licensed, pest control business. Seller shall ti:eaC and repair the Property if the cost to do so does not exceed 3'+ of the purchase price' ("Treatment/ Repair Linit"). If the cost of treatment and repair, e:cceeds the Treatment/Repair Lintit, either party may elect to pay the excess, failing which,. either party may terminate this 'contract. ' If there is no evidence of live infestation and tile, Property is covered by a full treatment warranty, Seller shall transfer the' warranty to Buyer at closing and shall not be obligated to treat the property. 11. CLOSING PLACE AND DATE " Seller shall designate cloning agent and this transaction shall be closed' in the offices' of the designated closing agent in Pinellas County, Florida, on or before 330 days following the "Effective Datep', unless extended by other provisions of this contract." If either party is unable to comply with any provision of this contract within the time allowed, and be prepared to close as set fcrth abcve, after making all renuonable and diligent efforts to comply, then upon diving written notice to, the other party, time of closing may be extended up to 30 days without effect upon any, other terms covenant or condition contained in this contract.' 12. CLOSING DOCUHENTS" , Seller shall furnish deed, bill of sale, mechanic's lien affidavit, assignments ?f leases, tenant and mortpage estoppel letters, and corrective instruments as applicable to this transaction. Buyer a4z!). furnish cloning statement. 13. CLOSING EXPENSES Rerordatiacl of the de..d and Do_uutientary stamps on the deed; unless this transaction is exempt under Chapter 201.211, Florida Statutes, 3h.111 be paid by the buyer. Seller shall pay the costs of recording any corrective inntrunwints.. ; PIge Z of 5 , ' 14." PRORATIONS_-CREDITS ' If there ahould exist any taxes, assessments, rent and,other revenue specific to the Property, all of such expenses and revenue shall be prorated through the day before closing. If the amount of taxes and assessments' for' the current year cannot be' ascertained, rates fur the previous year shall be used with due allowance being made for improvements and exemptions. Any deposita'held by seller, in trust for third parties in occupancy of the Property shall lie credited to Buyer at time of closing. Assessments for any improvements that are substantially complete at time'of closing shall be paid in full by seller. 15,' PROPERTY CONDITION Seller'shall deliver the Property to Buyer at t1.me of closing in its.present "as is" condition, ordinary wear and tear excepted, and shall maintain the landscaping and grounds in a comparable condition, Seller makes no o4arrantie3.ather than as disclosed 'herein in Paragraph 18 ("SELLER WARRANTIES") and marketability of title. Buyer's. covenant to purchase the Property "as is" is more specifically represented in either subparagraph a. or b.'as'marked (X1. a. i As In: Buyer has inspected the Property'or waives any right to inspect and accepts the Property in its present "as is" condition. h. (x) As Is with Right of Inspections Buyer may, at Buyer expense and within 15 days from Effective Date ("Inspection Period"), cond+sct inspections, tests, environmental and ary•other investigations of the Property Buyer deems necessary to determine suitability for Buyer's intended use. seller shall grant reasonable access to the Property to Buyer, its agents, contractors and assigns for the purposes of,conducting the inspections provided, however, that all such persons enter the Property and conduct the'-inspections and'investigations at their own risk.- seller will; upon reasonable notice, 'provide utilities services as may be required for Buyer's inspections and investigations, Buyer shall not engage in any activity that could result in a mechanics lien being filed against the,Property without seller's prior written consent. Buyer may terminate this' contract by written notice to Seller prior to expiration of the Inspection.. ' Period if the inspections and/or investigations reveal conditions which are. reasonably unsatisfactory to Buyer, unless Seller elects to repair of otherwise ; remedy such-conditions to Buyer satisfaction. If this transaction does not close, Buyer agrees, at Buyer expense, to repair all damages to the Property, resulting from the inspections and. investigattons, and return the Property to its present condition. 16. WALK-THROUGH INSPECTION At a time mutually agreeable between the parties, but not later than the day prior to ,,closing, Buyer may conduct a final "walk-through". inspection of the Property to determine compliance with any Buyer obligations under Paragraphs 10 and 15 to insure 'that all Property in in and on the premises. No new issues may be raised as a result of the walk- through. 17. SELLER HELD HARMLESS Buyer agrees to indemnify and hold harmless the Seller without limitation from any losses, damages, costs, including attarneyls fees, claims of injury to or death of any person(s), any damage to property of Buyer, or the Property, and'from and against any and. every liability. to any person arising from Buyer conduct of inspections, investigations ,and any other work performed pursuant to Paragraphs 10 and 15 above. Ia. S£LL3A WARRANTIES Seller warrants that there are no !acts known to Seller that would materially effect' the value of the Property,' or which would be detrimental to the Property, or which would Nffect Buyer's desire to purchase the property except as follows., 14014E KNOWN. 19. RISK OF LOSS If the Property is damaged by fire or other casualty before closing, and cost of restoration dues nor exceed 33 of the assessed valuation of the Property s? damaged, cost of restoration shall be an obligation of the Seller and closing shall proceed pursuant to the terms of this contract with restoration costa escrowed at closing. If the cost of restoration, exceeds 3% of the assessed valuation of the improvements no damaged, Buyer shall have 'the option of -either taking the Property "as is", together with either the 341 or any insurance.pr'oceeds payable by virtue of such loss or damage, or of canceling this contract. .20. PROCEEDS Of SALE: CLOSING PROCEDURE The deed shall be recorded upon clearance of €unds. Proceeds of sale shall be.held'in escrow by seller's attorney or by such other mutually aocuptable escrow agent for a period of not longer than 5 days from and after closing, during which time evidence of title shall be continued at Buyer's empense'to,ahow title in Buyer, without any encumbrances or chana«: which would render Seller's title unmarketable from the date of the last title evidence. If Seller's title is tendered unmarketable through no fault of the Buyer, Buyer shall, 'within the 5 day period, notify the Seller in writing of the defect and Seiler shall have 30 days from the date of receipt of such notification to cure the defect. If f Page 3 of 5 Seller fails to timely'cure'ihe defect, all funds paid by or on behalf of the Buyer shall, upon written demand made by buyer and within"S days After demand, be-returned to Buyer and ' simultaneously with such repayment, et:yer shall return Personalty and vacate Real Property and reconvey it.-to Sell"er'by special'warranty deed. If Buyer fails to make timely demand "for refund, Buyer' shall •tis a title "as is", waiving "all rights against seller as to any intervening defect except as may be available to Buyer by 'virtue of warranties contained Its the 'deed. The escrow and closing procedure required by this provision may be waived if title agent insurzs adverse motterd pursuant to Section 627,7841, F.S. (1987), as amended. 21. DEFAULT If Buyer fails to perform "this contract within the time specified (including payment, at all deposit(s)), the deposit(s)' paid by Buyet may be retained by or far the account of ' Seller as agreed upon, liquidated damages, consideration for the execution of this contract and in full settlement of any claims; whereupon, Buyer and Seller shall be relieved of all obligations under this contract! or Seller, at seller option, may proceed in equity to " enforce Seller's sights under this contract. If, ':or any reason other than failure of Seller,to make Seller's title marketable after diligent eftbrt; Seller fails, neglects or refuses to perform this ?_ontract, the Buyer may seek specific performance or elect to receive 'the return of Buyer deposit (s) without thereby waiving any 'action for." damages resulting from Seller's breach.. " 221 RADON GAS NOTZrICATION' RAD6N.GASt Radon is'a naturally occurring radioactive gas that, when it has accumulated in ti 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. 23. CONTRACT NOT RE°'CORAABLE; PERSONS BOUND Ifeither this contract not any notice of it shall be recorded in any public records." This contract, shall bind and inure to-the benefit of, the parties and, their successors in interest. Whenever 'the context :permits, singular-shall include :plural and one gender shall include all. 24. NOTICE All notices provided for herein' shall be deeined to have been duly given . if and when" deposited in, the United States Mail, properly stamped and addressed to the respective party to be notified, including the parties to this contact, the parties attorneys, escrow agent, inspectors, contractors and all others who will in any way act at the behest of the parties to satisfy 'all terms and conditions of this contract. 25. ASSIGNABILITY; PERSONS BOUND act is not assignable. The terms "buyer', "Sell"er", and "Broker" (if-any) This con;." may be singular or plural. This Contract is binding upon Buyer, Seller, and their heirs, personal representatives, successors and assigns (if assignment'ir permitted). 26. ATTORNEY FEES; COSTS In any litigation arising out of this contract, the prevailing party shall be entitled to recover reasonable attorney's fees and costs. 27. NO BROKER seller and Buyer represent 'and agree they have, dealt with no Broker or finder in connection with the transactions contemplated hereby.' Seller and buyer further agree to indemnify the other from any damage, liability 'or expense either may suffer as a result of aiiy'claim of a Broker or finder with whom it is determined1that the other party has dealt with in contravention of this agreement; except, however,' that total city, obligations under this 'provision shall be subject to the limits and restrictions -of the Florida sovereign immunity statute, F.5. 768.28. 26. TYPEWRITTEN OR HANDWRITTEN PROVISIONS' Typewritten or handwritten provisions shall control, all printed 'provisions of contract ' in conflict with them. 29. EFFECT OF PARTIAL INVALIDITY The invalidity of any-provision of' this contract Will 'tlot and shall not be deemed to effect t)te validity of any other provision. In the event that any provision of this contract is held to be invalid, the parties'.agree that the remaining provisions shall. be deemed to be in full force and effect as if they had bean executed by both parties subsequent to the expungement of-the invalid provision. 34. GOVERNING LAW It 'is agreed by and between the parties hereto that this contract shall be governed by, construed, and enforced in accordance.with the laws of the State of Florida. Page 4 of 5 31. COUNTERPARTS; FACO MILE COPY „ T is contrast may be ezecuted i.'l two or more counterpr+rka, each `of w11 h at a be. "doomed an original and all of,which together shall constitute one instrument. A facsimile copy of this contras:., including any addendum, attachments and my written modificationn hereof, and any initials or signature thereon shall be deemod an original, 32, SPECIAL CLAUSES, IX) Clot applicable, OR { )' An Addendum containing special clauses' that constitute agreements'and covenants between the parties is attached to and an integral part of this contract and without further acknowledgment is confirmed and accepted by the parties. When any special clause in the Addendum is in conflict with 'any provision contained . elsewhere in this contra?t, then, the special clause, shall govern. 33, MERGER $Y PEED All covenants, warranties,"and representations contalned'herein shall merge with the deed at time of closing. Upon delivery of deed by the City, and acceptance thereof by Buyer, the Buyer ahall hail the City forever harmless thereafter, i 34. ENTIRE AGREEMENT Upon execution by seller and Buyer, this contract shall constitute the entire ' agreement between the parties, shall superLede any and all prior and contemporaneous t` written and oral promises, representations or condition in respect thereto. All prior negotiations, 'agreements, memoranda and writings shall be merged herein. Any changes to be made in this agreement shall nnly be 'valid when expressed In writinry,.acknowledged by the parties and incorporated herein at attached hereto. THIS IS INTENDED TO BE A LE13ALLY BI17DING CONTRACT. IF NOT FULLY UNDERSTOOD, f 'SEEP, THE ADVICE OF AN APPROPRIATE PROF}:SF.IONAL FOR LEGAL, TAX, ENVIRONMENTAL j AM OTHER SPECIALIZED ADVICE PRIOR,TO SIGNING. i j Date: `i87-UG-A3AB j Y. 51g ture social secur ty or fax X.U.b uyer. James W. Hudson, Jr. ( J APPROVED A71D ACCEPTED THIS day of 2001. Countersigned: CITY OF CLEARWATER, FLORIDA . By, Brian J.-Aungst, Mayor-Commissioner William $. Horne, 11, City-Manager Approved as to form: ATTEST: Jane Hayman, Assistant City Attorney Cynthia E, Gou eau, City Clerk Page 5 of 5 .14h Clearwater City Commission Work session Item #; Agenda Cover Memorandum Final Agentla Item # 25 Meeting Date: 09/06/09 SUBJECTIRECOMMENDATION: Approve Change Order #2 to Keystone Excavators, Inc of Oldsmar, FL, far the Annual Storm Pipe Replacement Contract (00-0061-EN) which increases the contract amount $64,179.50, for a new contract of $381,257.58, and approve a time extension of 45 days to cotilplete this additional work, © and that the appropriate officials be authorized to execute same. SUMMARY: • This contract was previously approved at the March 22, 2001 Commission Meeting in the amount of $295,383,83. Changer Order 91 was approved administratively by the City Manager May 15, 2001, increasing the contract by $21,694.25 bringing the contract total to $317,078.08. The first Change Order reflected quantities needed for additional work to this contract on Papaya Street Storm. • Change Order #2 - This recommendation is to add an additional $64,179.50 to the Annual Storm Pipe replacement contract in order to.place a new storm water collection system on Pinebrook Drive. Presently part of the existing system drains into a, dilapidated storm pipe across private property where the City of Clearwater does not have an easement. This project will,not only upgrade the existing system but place the proposed storm pipe into a new easement as shown on plans and specs #99057 labeled Pinebroolt Drive Storm Pipe System. • The revised completion date for this project is now September 20, 2001. • Sufficient budget and funding for this change order are available in project 315-96124 Storm Pipe System Improvements. • The change order is available in the City Clerk Department for review. Reviewed by: Originating Dept: fri 7 Costs $64,179.50 .Legal ^ Info 5rvc NIA Public Works Administration Tetal 40- - (R.Maran) Budget - ?r1 Public Works '7I user Dept. Tti?1 Funding Source: Purchasing DCM/ACM Public Works Administration Current FY Cl X Risk Mgmt NIA Other Attachments OP Other Submitted by. City Manager 1>< None Appropriation Code: 315.96124-563700.539-000 ?r:nfart nn rnrurTwr? nanny A--..,I Cl...... D1__ D....1 t1flY7 D_ 111011 68/23/2601 16:08 7275624755 ENG ANNUAL STORM•PIPE.REPLACEMM CONTRACT - CUANGE ORDER #2 i PAGE 02 Loc'ation M ap. Lij C L Pizonc SITE a ? `L Xam-b-aV71- tt S . R ` COURT ¢ Ch STNU Q?? `' ??amu?avr- O elf CHANGE ORDER: 42 PROJECT: Annual Stonn.Pipe,Replacement Contract ,CONTRACTOR: Keystone F-xcavators, Inc. 371 Scarlet Blvd. Oldsmar F1.3,1677 DATE: PROJECT NUMBER: 00-IM LEN P.O. REFERENCE" NO.:. 692-28323 DATE OF CON'T'RACT: A120, 2 - CODE: L5-9612,L-50700-539-000 M SCOPE OF CHANGE: THIS CHANGE ORDER.ACCEPTS REVISIONS TO THE CONTRACT SEE A'ITACI-IED SF1EF'I` FOR ADDITIONAI, I"M, INNS. APPROVE ' 7rvlE ID PENSION OF 45 DAYS. STATEMENT OF CONTRACT AMOUNT ACCEPTED BY: Original Contract $295,383.83 Adm. Change Order #1 5 21.-( .2 Pre%ious Contract Total $3I7,078.08 KEYSTONE EXCAVATORS, INC. Change Order #2 S 64,179.50 New Contract Total $381,257.58 By: Ste} Robert C Fomwalt, Vice Prhsident Brian Aungst, Mayor-Commissioner. Date: 7-Z6 -a? Jane C. Hayman, Assistant City Attorney WITNESSES:. (Approved as to form) Q KIMBERLY A. ESPINOSA ATTEST: Cynthia E. Goudeau, City Clerk Date: CITY OF CLEARWATER, in PINELLAS COUNTY, FLORIDA r- ALICE R. ECKMAN RECOMMENDED BY: Glen L. Bahnick, Jr. Assistant Director of Engineering/Production Willman B. Horne II City Nhulager W)MICU1 Date :'0712412004 PROJECT PINEBROOK DRIVE STORM PIPE REPLACEMENT ITEM .NO. ITEM UNIT EST QTY. UNIT COST TOTAL COST 1 12" DUCTILE IRON PIPE (CLASS 250) LF 74 $45.00 $3,330.00 2 15" PVC LF 39 $21.00 $819.00 3 15" RCP STORM PIPE (0-6' CUT) LF 419 $20.50 $8,589.50 4 18" RCP STORM PIPE (0-6' CUT) LF 187 $25.00 $4,675.00 5 FOOT INLET 232 WITH THROAT (TYPE C) EACH 2 $1,250.00 $2,500.00 6 FOOT INLET 232 (TYPE E) WITH GALVANIZED STEEL GRATE EA 1 $1,740.00 $1,740.00 7 SINGLE WING INLET TYPE I CITY OF CLEARWATER INDEX 209 EACH 1 $3,500.00 $3,500.00 8 STRUCTURE TIE IN INTO EXISTING INLET EACH 3 $250.00 $750.00 9 CONCRETE HEADWALL (FDOT INDEX 250) LS 1 $2,370.00 $2,370.00 10 TYPE I CURB LF 49 $12.00 $588.00 11 6" THICK CRUSHED CONCRETE BASE Sy 520 $11.60 $6,032.00 12 1" THICK ASPHALTIC CONCRETE PC III Sy 550 $10.50 $5,775.00 13 CONCRETE DRIVEWAY- REMOVE and REPLACE Sy 10 .$78.00 $780.00 14 GRADE SWALE ON NORTH & SOUTH SIDES OF HIBISCUS PER PLAN (DOES NOT INCLUDE SOD) LS 1 $1,256.00 $1,256.00 15 SOD SF 5000 $0.35 $1,750.00 16 EROSION CONTROL LS 1 $956.00 $956.00 17 SANITARY SEWER LATERAL RELOCATION (IF NEEDED) LF 100 • $30.50 $3,050.00 18 FLOWABLE FILL - ., BID AS PUMPED CONCRETE CY 4 $175.00 $700.00 19 DEMOLITION LS 1 $7,100.00 $7,100.00 21 MOBILIZATION LS 1 $949.50 $949.50 22 MAINT OF TRAFFIC LS 1 $1,135.00 $1,135.00 SUB - TOTAL $58,345.01) 23 10% CONTINGENCY LS 1 $5,834.50 $5,834.50 TOTAL PLUS CONTINGENCY $64,179.60 CONTRACTOR:. KEYSTONE EXCAVATORS, INC. BIDDER'S GRAND TOTAL PLUS CONTINGENCY : $64,179.50 (IVumbera) BIDDER'S GRAND TOTAL PLUS CONTINGENCY: _ SIXTY-FOUR-THOUSAND , ONE HUNDRED SEVENTY-NINE and 501100 DOLLARS _ - ( Words) THE BIDDERS TOTAL ABOVE IS HIS TOTAL BID BASED ON HIS UNIT PRICES AND LUMP SUM PRICES AND THE ES-f iMATED QUANTITIES REQUIRED. THIS FIGURE IS FOR INFORMATION ONLY AT THE TIME OF OPENING BIDS. THE CITY WILL MAKE THE TABULATION FROM THE UNIT PRICES AND LUMP SUM PRICES BID. IF THERE IS AN ERROR IN THE TOTAL BY THE BIDDER, IT SHALL BE CHANGED AS ONLY THE UNIT PRICES AND LUMP SUM PRICES SHALL GOVERN, 0?- Work session item #: Clearwater City Coinmissiotl Agenda Cover Metitot•andtim Final Aqenda item #' Meetinq Date: '09106101 SUEUECTIRECOM M ENDATION: Award a contract for the Stevenson's Creek Water Main Crossing (00- 0026-UT) to Nichter Contracting Corporation of Tampa, Florida in the amount of $98,998.90, which is the lowest responsible bid received in accordance with plans and specifications, and that the appropriate officials be authorized to execute same.' SUMMARY: • This project will replace the existing 16" cast iron water main that is currently suspended across Stevenson's Creek with a 20" ductile iron water main that will be buried underneath the creek. This will eliminate any safety hazards and liabilities of having the water main exposed, and will'increase the size to facilitate future expansion of the water system. • The project is located along the south side of Sunset poink Road where Stevenson's Creek crosses just west of Betty lane, • Work will commence upon award and execution of the contract and will be completed within sixty (60) calendar days. • A copy of the contract documents are available in the City Clerk's office for review. Reviewed by; Originating Dept: -1A, costs 'sg6,99a.go Legal Info Srvc X Public Works Administr tion Total Budget ?A-s-) Public Works User DeptO, Funding Source: Purchasirig DCM/ACM Public Utilities Current FY Ci Risk Mgmt Other Attachments OP, f`. Other submitted by, ?¦ City Manager K?)y None riation Code: A ro pp p o.i..,...1 w .ni...! .. . cr........ .-0. !!r-A, FI -11 .r lu.,i,i r`mrv;"n paw. JMR 08/23/2001 16:88 7275624755 EPIC CONTRACT FOR STMNSON'S CRERK WATER MAIN CROSSING Clearwater City Commission Work session Item ?. Agenda Cover A,Ietnorandum Final Agenda Item # Meeting Date: 09/06/01 SUBJECTIRECOM M ENDATION: Award a contract for the Lift Stations 24 & 40 Improvements (LF- 111099) to Steve's Excavating & Paving, Inc, of Dunedin, Florida in the amount of $650,000.00, winch is the lowest responsible bid received in accordance with plans and specifications, 0 and that the appropriate off lcials be authorized to execute same. SUMMARY: • Based on evaluations of the City's sewer system, Lift Stations 24 and 40 must receive high priority for upgrade as part of the overall rehabilitation of the City's wastewater collection system. This construction contract includes the improvements to Lift Station Nos. 24 and 40 repairing the existing strictures and replacing the existing equipment which has/is failing due to age and wear. • Lift Station 24 is located at 1351 Sunset Point Road (South side of Sunset Point Road between Betty Lane and Kings Highway). Lift Station 40 is located near 1910 Belleair Road (North side of Belleair Road between Northwood Drive and Belleair Lane). The construction includes fencing/site improvements at Lift Station 40 to provide security and better access for routine maintenance and building modifications at Lift Station 24 to provide better access for pump maintenance and worker safety. • Resolution 01-07 was passed on March 1, 2001 establishing the City's intent to reimburse certain project costs incurred with future tax-exempt financing. The projects identified with 2001 revenue bonds as a funding source were included in the project list associated with Resolution 01 -07. • Sufficient budget is available in project 343-96686, Pump Station Replacement. • Work will commence upon award and execution of the contract and will be completed within 150 days. • A copy of the contract documents is available in the City Clerk's office for review. Reviewed by: Originating Dept: cobt8 $650,000.00 Legal Info Srvc NIA Public Works Admint ation Total Budget Public Works ' User Dept: t" r Funding Source: Purchasing m OCM/ACM ' Public Utllitles Current FY Cl Risk M Risk gmt NIA Other NIA Attachments OP Other Submitted by: CNy Manager 444 None C i ti d A -4? ppropr a on o e: iTalnfn.? nn "rurtaA rxanwr un 5tatlons 24 a An ImnmvemAnt: Pau. 2199 08/23/2001. 16:09 7275624755 EhlG PAGE 03 CONTRACT FOR LIFT STATIONS 24 & 40 IMPROVEMENTS Clearwater City Commission >w Agenda Cover Memorandum SUBJECT/RECOMMENDATION: Worksession Item # Final Agenda Item # Meeting Date September 6,_20111 Amendment to the boundary of the Island Estates Neighborhood Conservation Overlay District. MOTION: ? APPROVE the amendment to the boundary of the Island Estates Neighborhood Conservation Overlay District such that all residential properties are included in the district. EJ and that the a ro riate officials be authorized to execute same. SUMMARY: ?? The initiation of the planning process and the establishment of a citizen study committee for the Island Estates Neighborhood Conservation Overlay District were approved by the City Commission in May 2001. • The original boundaries of the overlay district included 574 residential properties, but excluded some residential areas of the Island Estates peninsula. The original boundary is shown in red on the attached map. • Since the initiation of the planning process for the overlay in May 2001, the study committee. has unanimously recommended including all residential properties on Island Estates. This would add 62 more properties and four more zoning districts (MDR, MHDR, I, Q. The areas proposed to be added are shown in blue and green on they attached map. The blue area shows the properties in residential and institutional zoning districts. The green area denotes the residential uses in the commercial zoning district. s In order to initiate the process of designation, a neighborhood must fulfill a series of qualifying criteria including but not limited to approval by a minimum of 60% property owners, increasing property values and less than 10% of properties with code violations. Island Estates fulfilled these criteria with the original application and continues to fulfill these criteria with the proposed addition. Please see attached report for an evaluation of Island Estates' compliance with the criteria. Reviewed Originating Department, Costs: Commission Action: by: Legit Planning 13 Approved Budget N/A Lochen Wood ?,[,y' Total • E) Approved with Conditions Purchasing NIA User Department: / ? Denied Risk Mgmt. NIA Planning 0 Current Fiscal Year p Continued to; IS Funding Source: ACM 0 capital lmpravarnani: Other NIA Advertised: 0 Operating Date: Q Other: NIA Attachments: Paper: Island Estates designation criteria staff report Submitted 11 Not Requlmd Appropriation Cods Aj ft g o.,t'. Affected Parties ? Notified City Manager ? Not Required 0 None Proposal to Amend the Boundary of the Island Estates Neighborhood Conservation Overlay District Introduction Pursuant to City of Clearwater Community Development Code, Article 4, Division 6, Section 8 (or §4-608), residents of Island Estates. submitted an application for a Neighborhood Conservation Overlay Designation. The purpose of such a designation is to provide a means of ensuring that infill and redevelopment activities in existing, stable residential neighborhoods are consistent with the protection of the existing character of the neighborhood. With designation as a neighborhood conservation overlay district, a neighborhood will develop special restrictions and requirements that protect public health, safety and welfare. In May 2001, the Island Estates neighborhood was approved to proceed with planning for an overlay district based on the fulfillment of certain criteria. When this application was submitted, the overlay district was comprised of 574 properties. Currently, the citizen steering committee would like to expand the district boundaries in order to include all of. the residents of the neighborhood. The proposed expansion would include sixty-two (62) total properties: fifty (50) residentially zoned properties, eleven (11) commercially zoned properties, and one (1) institutionally zoned property. Properties with commercial uses are not included in the proposed overlay district due to their dissimilarity with residential uses. The Planning Department recommends the addition of these residential properties to the overlay district boundary. The attached map demonstrates the original boundaries of the overlay district in red. The areas of the additional sixty-two (fit) residential properties are outlined in blue and green. The blue denotes the areas zoned residential and institutional. The green denotes the residential uses in the commercial zoning district. The process of designation cannot be initiated unless property owners from at least sixty percent (60%) of the properties agree to proceed. For the original application, the Island Estates neighborhood received petitions of approval from sixty-four percent (64%) of property owners to pursue an overlay plan via petition. With the proposed addition of sixty-two (62) properties, property owners from sixty-three percent (63%) of the area are in favor of starting the planning process. 'In the proposed boundaries, owners of 399 out of 636 properties signed a. petition that stated "Yes, I, the undersigned, petition the City of Clearwater to initiate the process to establish Island Estates as Neighborhood Conservation Overlay' District." In summary, both proposed expansion areas meet the minimum owner consent of sixty percent (60%) approval. l I Criteria In order .to qualify for the Neighborhood Conservation Overlay designation, several other criteria must be met., This section lists the criteria that must be met by a neighborhood in order to qualify as an overlay district. With the addition of the sixty-two (62) properties, the neighborhood remains in compliance of the requested qualification criteria. Definitions of the criteria and evidence of qualifications follow. 1. The area proposed to be designated as a. neighborhood conservation district must be fully developed and well maintained. According to members of the Island Estates Community and from sample data from the Pinellas County Property Appraiser database, most houses in the neighborhood were built between 1960 and 1970. From site visits and visual surveys, the entire overlay district, including all proposed' additions, is generally well kept and well maintained. With virtually no vacant land, the area is considered fully developed. The only future development potential in the area is infill and redevelopment of property where buildings already exist. 2. Less than ten percent (10%) of the laird area of the area proposed to be designated as a neighborhood conservation district can be made up of vacant lots.' From map review and field observation, it appears that well below ten i percent (10%) of the parcels in the neighborhood are vacant, including all proposed additions. 3. the value. of improvements and land in the area proposed to be designated as a neighborhood conservation district must have been generally stable or increasing during the preceding three years. In order to determine land values, information was collected from the Pinellas County Property Appraiser. The average property value for the sixty-two (62) additional residential properties was $93,352 in 2000, $87,640 in 1999, and' $84,834 in 1998. This demonstrates that land values have increased in general over the past three years. 4. There must be no significant planned road improvements within the boundaries, of the area proposed to be designated as a neighborhood conservation district.' City of Clearwater Public Works and Engineering Department have no major road improvement projects planned for the island Estates area in the next year. 2 5. No more than ten percent (10916) of the structures .within the area proposed to be designated as a neighborhood conservation district can have been the subject of code enforcement proceedings. The City of Clearwater Community Response Team issues and records code enforcement cases. From June 2000 to June 2001, there were sixty (60) code enforcement cases for properties in the proposed neighborhood conservation overlay district on Island Estates. With 636 total properties, only 9.4% of the properties had code complaints. The standard of having less than ten percent (10%) has been met. 6. No more than ten percent (10%) of the structures within the area proposed to be designated as a neighborhood conservation district can be non-conforming structures. From site visits and by reviewing aerial photos of the neighborhood, it is evident that most structures in Island Estates, including. proposed additions to the overlay district, are reasonably conforming to current zoning standards. However, because many of the buildings were built under previous zoning codes, they may not conform to current standards. Such buildings are considered "legal non-conforming," For practical purposes, these can be considered conforming because the setback and height requirements were established prior to the current zoning code. Newer houses have been built according to current development standards or flexible standards. The buildings have not been surveyed individually due to time and staff restraints. However, there are no significant or blatant violations in the neighborhood. Therefore, the standard of having less than ten percent (10%) has been met. 7. No more than ten percent (10%) of the structures within the area proposed to be designated as a neighborhood conservation district can be used as non- conforming uses. According to the Pinellas County Existing Land Use map and general site visits, all structures in the residential and institutional zoning districts are conforming uses. In the Medium Density Residential (MDR), Medium High Density Residential (MHDR), and High Density Residential (HDR) zoning districts the uses are multi-family residences. In the Low-Medium Density Residential '(LMDR) zoning district, the uses are all single-family residences. The Institutional (1) area is occupied by a church. The eleven commercially zoned properties are considered non-conforming uses. These properties are used residentially in a commercial zoning district. This project was. most likely built as a comprehensive infill flexible development. Single-family uses are generally not permitted in C zoning districts. In summary, 2% (less than 10%) of the -properties are nonconforming uses. 3 8. The sizeof the area proposed to be designated as a •' neighborhood. conservation district must be sufficient to warrant such designation. Although a large neighborhood, the land proposed as the original overlay district is a sensible neighborhood' planning area. Island Estates is isolated from the rest of Clearwater because it is located on a series of infill peninsulas. Located off of Memorial Causeway, there is only one ingress/egress, to the neighborhood, in order to maintain a cohesive nature for the overlay, district, the sixty-two (fi2) properties are proposed to be added to ' the existing overlay boundaries. By adding these properties, Island Estates would remain cohesive enough to qualify for the overlay district. This way, , most residents in Island Estates will be able to benefit from the overlay requirements. ' 9.- The cohesiveness of. the area proposed to be designated a neighborhood 'conservation district must be sufficient to warrant such designation. Because of the geographic isolation and the consistency of residential land use, this neighborhood qualifies for consideration for the ',oVerlay district. Neighborhood Requirements All other requirements and stipulations for the .Island Estates' neighborhood . Conservation Overlay District continue to be consistent with the original application. .4 Not To Scale Island Neighborhood ' Conservation Overlay District }undary APPOINTMENT WORKSHEt T FOR COMMISSION MEETING September. 6, 2001, Agenda # BOARD: Beautification Committee MEMBERS:* 7 •TERM: 4 years CHAIRPERSON: Brooks Hammac APPOINTED BY: City.Commission MEETING DATES: 1 st. Wed.,. 8 am FINANCIAL DISCLOSURE: Not RegUired PLACE: MSB RESIDENCY REQUIREMENT: City of Clearwater APPTS. NEEDED: 1 SPECIAL QUALIFICATIONS: None' DATE APPTS TO BE MADE: THE FOLLOWING ADVISORY BOARD MEMBER{S} HAVE TERMS WHICH EXPIRE AND . NOW REQUIRE EITHER REAPPOINTMENT FOR A NEW TERM OR REPLACEMENT BY A NEW APPOINTEE.. ' Date of Original Attendance Interest in' Name Appointment Record reappointment 1 1..Vacant Seat' person appointed will begin immediately with term to 8131105 -THE FOLLOWING NAMES ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE VACANCIES:. Name-Address Comments-Related Experience, Etc. 1. Rebecca Avrin Marketing 1716 Cleveland St., 33755 Zipcodes of current members: 3 at 33755 2 at 33756 1 at 33764 1 vacant .. r r 1 J.'V i 1 i U;,3 1 AM; I T! C =P,4 'ED i727 552 4038 r 2/ 5 CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS (must be C earwater resident) Name: CSCIA, A f!? ? Home Address: Office Address: I- C 1+ ll U e ?,., fir,! i 5- ) ??? r f?N} U41.111 C.lr' r? rici c(?l?? rr' ._ zip?5? r pat, c-?r `L- Lzip Telephone: Telephone: U • Lip U How long a resident of Clearwater? t'q Occupation:wtll AA 14 1t' V Employer:efil Pe die i t d.41C 'tf.iC?• d..?t..rQ` Field of Education: Other Work Experience: ?06(144l•Jtfev) LI l1.41.5 C.c? ? S ?s r ?? i_c? c [?_I L ? ?i4 ?x?? ',?4 ??• __ tilt (A If retired, former occupation: Community Activities: ?{???1La[9'1????E3?c?.-(ati^QvA.?? ?01? L Uil ? Other Interests: al' _ t Board Service (current and past): Board Preference; t Additional Comments: Signed: 1l? fti r Date:., t 7 ' j Chi See attached list for boards that require Financial Disclosure at time of,appointment. Please return this application & board questionnaire.for each board listed to: City Clerk's Department, P. O. Box 4748, Clearwater, Fl_ 33758-4748 or.drop off at City Hall, 2nd Floor, 112 S. Osceola Avenue . I r a . r'27 562 4086 n 3? SOARD OUESTiONNAIRE 1. What is your understanding of the board's duties and responsibilitles? 2ilidul(L?1 I.r hcV 'hom cDf u r)??.ll?;?l. (OUS 10eut-LUD-1.4 flw, -47 M,-? 19 2, Hnvo ycu ever observed a board meeting either in person or on C-View, the City's. TV station? o 1. <{7 3• What background and/or qualifications do you have that you feel would qualify you to servo on this Board? i ?rv ' 47 ? try 10 jO .? R ? l7 ?? l •? ,? ?' . ?i A e 1A i f. 0 ? l rn ?) d ? nP l rA vt 1/ u , . ? 1 ?9.f 1 . 4t , be-(L Oz -11112, 40 1 I w J 4. Wiry do you want to serve on this Board? ?fil b'?'? till G?. •V't ?1 ti. ?c??. Gt? I.? L.{r: : ?'?? ??.t? cl . `? t.? i ?• ?_f!,f • ?}?Ii.L'??j? (.:??•?.• ?? ?? f ??.?'?1?1- t`t.•(,?!'.??, l.?l.?l•?, c_.tQ-!?)-?_ ?' t.t?ti_I_Ll! Name: ?,,(o t?, `'.??!' -• I?'' ?l! ROArd Ns17ti?s:,_„ ' `+C1 t `C•?.' 1 (° t r' !rl`H APPOINTMENT WORKSHEET FOR COMMISSION MEETING September 6, 2001 Agenda # BOARD: Clearwater Housing Authority MEMBERS: 5 TERM: 4 years CHAIRPERSON: Robert Aude APPOINTED BY: Mayor, Approved by City Comm, MEETING DATES: 4th Friday, 8:30 a.m. FINANCIAL DISCLOSURE: Required PLACE: Robert H. Levison RESIDENCY REQUIREMENT: City of Clearwater Community Center SPECIAL QUALIFICATIONS: One member must APPTS. NEEDED: 2 . be a Public Housing Resident (effective 10/1/84) DATE APPTS. TO BE MADE: 916101 THE FOLLOWING ADVISORY BOARD MEMBER(S) HAVE TERMS WHICH EXPIRE AND NOW REQUIRE EITHER REAPPOINTMENT FOR A NEW TERM OR REPLACEMENT BY A NEW APPOINTEE. Date of Original Attendance Interest in Name. Appointment Record reappointment 1. Robert Aude 1991 past 13 mtgs YES present 10 1 absent 3 completed a term 1991-1993 1 st term 1993-1997 current term 1997-2001 2. William Ethington 1995 past 13 mtgs . YES fuilfilis the special qualification requirement present all completed a term 1995-1997 '. current term 1997-2001 current. terms expire 9/30/01' note: The CHA does not have term limits THE FOLLOWING NAMES ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE VACANCIES: Name/Address common tslRainted Experience, Etc: ----- ' Zipcodes current members: 2 at 33756 (Mr, Aude 8c Mr. Ethington) 1 at 33761 1 at 33763 1 :at 33767 war l?) Clearwater City Worksesslon Item #: Commission Final Agenda Item # Agenda Cover Meeting Dote: Memorandum SUBJECT/RECOMMENDATION: Approve the 2002 State Legislative Package; endorse legislative platforms of associated agencies 19 and that the appropriate officials be authorized to execute some. SUMMARY: The City of Clearwater submits each year a list of legislative priorities for consideration by the state legislature during their annual 60-day session in Tallahassee. The 2002 Session will begin January 22, 2002. The City's legislative liaison works closely with City management staff, the City's lobbying team in Tallahassee, and state legislative delegates representing Clearwater districts, to draft a package that is beneficial to Clearwater, and to lobby that package at home and in Tallahassee. Preparation of the package, involves determining areas of need, researching funding availability, identifying needed legislation, monitoring and evaluating current legislative issues for their potential benefit or detriment to citizens and local government. Once they receive the package, our state senators and representatives work to incorporate these issues and funding requests into the various bills before the legislature in their respective houses. The bills then go to the Governor for consideration and approval or veto. The 2002 State Legislative Package includes such issues as; funding requests for Stevenson Creek and Clearwater Homeless Intervention Project (CHIP) Transitional Housing; support for tax exemption of municipally-owned sports facilities; maintaining adequate funding for Qualified Target Industry (QTI), and opposition of restrictions on the ability to regulate billboards. Each year, one challenge is attempting to identify the Governor's priorities, and determining how to position requests in the most advantageous light for consideration and ultimate approval. A demonstration of community support is especially effective at calling favorable attention to requests before the legislature. Toward that end, many public and private agencies work in cooperation, requesting endorsement of their platforms and letters of support for their individual issues. Staff requests Commission review and endorsement of the current legislative platforms of Florida Municipal Natural Gas Association (FMNGA) and The Florida Police Chiefs Association (FPCA). Reviewed by: Originating t: Costs Legal Info Srvc N/A City Cleri g) Total Budget WO Public Works User Dept, Funding Source: Purchasing DCM/ACM Current FY Ci Risk Mgmt N/A Other / Attachments OP 2002 State Legislative Pkg. Other Submitted by: City Manager 13 None Appropriation Cade: 15 prlnInd on rncvclnd nailer Rev. 2/98 Nl City of Clearwater'- 2002 State ]Legislative Package Appropriations -- The City of Clearwater will seek funding, through grants and other sources, to assist in implementing projects and providing services to meet the needs of our citizens and improve their quality of life. This will include projects such as. + Brownfields Remediation. ? Stevenson Creek Estuary Improvements. ? CHIP (Clearwater Homeless Intervention Project) Transitional Housing. Proposed Legislation -- We request legislation be proposed that will: ? Provide Brownfields criteria in Florida Forever. Issues to Support -- We will support legislation that is beneficial to'Clearwater and ether municipalities including: + Growth Management Regulations that distinguish between New Growth and Urban Redevelopment. + Providing Equality in Tax Exemption for 'Municipally-owned facilities as that already provided to Counties. + Maintaining adequate funding for QTI (Qualified Target Industry). e Felony Assault Bill malting any assaults on Parks and Recreation employees, volunteers, or contract professionals a criminal offense. Elimination of automatic permanent removal of neighborhood deed restrictions by MRTA (Marketable Record Titlcs to Real Property) legislation. Issues to Oppose -.- We will oppose legislation that is detrimental to Clearwater and other municipalities including- 0 Unfunded Mandates, ? Increased Regulation of or Restriction on iMunicipal Operations. ? Additional Regulation of a municipality's ability to regulate billboards. :. In zdaition the City of Cleanvater will support the Florida League of Cities in pursuing its .'' : Legislative* priorities. We will also be closely monitoring ASR (Aquifer Storage and Recovery);,; Florida Municipal Natural Gas Association (FMNGA) 2001 legislative Platform 1. Unbundling Legislation: FMNGA opposes any effort to extend Florida Public Service Commission jurisdiction over municipal natural gas utilities increases and any effort to mandate unbundling. 2. Operations Outside of Municipal Limits: FMNGA opposes any legislation requiring ad valorem tax payments on municipal utility. systems operating outside their municipal boundaries, requiring any change in the tax exempt status of a municipal gas system when- operating outside its municipal borders, or in any way limiting a municipal gas system's rights to operate outside its'municipal borders. 3. Construction Industry Licensing Board (CILB): FMNGA Supports the efforts of the Florida Natural Gas Association (FNGA) in opposing legislation which might 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. 4. Professional Engineering (PE) Exemption: FMNGA opposes any legislation which would remove the municipal exemption and require the sealing by a PE of engineering work by the City in public properties and rights-of-way. 5. Public Service (Utility) Tax Fuel Cost Exemptions: 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" FMGNA supports the removal of this exemption with a rate rollback to hold ratepayers harmless. 6. , Taxation on Bypass: FMNGA supports legislation which serves to Insure that municipalities are not by-passed on utility taxation authority due to recent and coming deregulation of the natural gas and electric industries. Currently marketers of natural gas around the State are avoiding the payment of the utility tax, franchise fees, and gross receipts tax on the molecules of gas which are sold out of state and transported to end-use customers in municipal areas. 7. Alternative Fuel Vehicles: - FMNGA supports proposals to provide Financing, favorable tax. treatment, or other, programs to encourage conversion of government and private fleets to natural gas. 2001 FMNGA Legislative Platform R; August 7, 2001 Floridta Police Chiefs Association - FPCA Ont-ine: 2001 Legislative Priorities 0 :190_: Legislative Agenda IN FPCA LEGISLATIVE INITIATIVES Page 1 of 1. AccFSS TO RI;cCRQS_ F .PRI_QR_EMP-1.OYJ?R$ - FPCA will seek enactment of a law that will require employers to furnish records concerning former employees to prospective law enforcement employers for background investigation purposes. Legislation that makes this information obtainable would be very beneficial to law enforcement agencies seeking the best possible candidates. 2• EQUCA~TLQN-131=NEFITEORC-HILDR1.,N QESLAIN_LA_W EN.FQRCEMIENT OF-FJCERS FPCA will seek enactment of legislation that extends the educational benefit for the children of slain law enforcement officers to provide for completion of graduate level degree programs by authorizing tuition waivers. FPCA supports the enactment of such legislation. FPCA SUPPORTS: 1. RROHIBIT_LQN_OELNTERPI;RENCE WITH TACJICAL_LAW_ENS ORCEPAENT OPF_RATIONS -FPCA will support legislation which will prohibit interference with tactical law enforcement operations resulting from Initiating contact with persons Involved in a tactical operation or communicating the deployment or movements of law enforcement personnel Involved in the operation, prior to the conclusion of the operation. 2. RESTORA?.TI N OE RETIREMENT_PERCENTAIZR - The annual percentage rate for Florida Retirement System Special Risk Class members (Police, Corrections and Firefighters) was reduced from 3% to 2% in 1978, and restored to 3% In 1993. The percentage lost during those years was restored during the 2000 Legislative Session. Legislation will be proposed that would restore the percentage to members who had entered the DROP program or retired prior to the effective date of the restoration. FPCA supports this legislation. 3. REPEL QF-QISCOVERY DEPQSITIONS_IN CRIMINAL CA_SSS -Discovery depositions in criminal cases cause delays, tend to intimidate and discourage victims and witnesses from appearing in cases, unnecessarily Inconvenience victims and witnesses, and waste law enforcement resources. Depositions are not used in federal criminal cases and are not required by the United States Constitution. Depositions are an unnecessary obstacle to effective enforcement of the criminal laws, particularly laws dealing with narcotics and organized criminal activity. FPCA supports elimination of depositions in criminal cases. 4. PRIMARs SEATBELTENF_QRCEMENT FPCA supports legislation authorizing primary enforcement of seatbeit violations. 5. PHOTQG}?Ap_HIC TRAFEIQ ENFORCEKNT ATUNTERSECTIQNS - FPCA will support, for the purpose of reducing accidents at Intersections, a system for enforcing traffic violations at Intersections in which vehicles involved in violations are identified by means of photographs. fi. ACCESS TO_RFCORDS OF CH1LD_F!RQTFCTI_VE_INVESTIGATIQNS -Am,snd Section 39.202, Florida Statutes, to prevent the subject of a child protective investigation from having access to Investigative records until the investigation and resulting prosecution, if a prosecution Is commenced, is concluders. Current law provides that these records are available to the person accused of causing the child abuse. FPCA supports such legislation. 7. VSE_OR.PQSSESSION aF A_P_QLLCi~.SCANNER_BY.A-PERSON-ENGAGED . IN THE_COMMISSION 01= pIV O>=i=ENSE- Legislation is needed that would enhance the penalty for offenses committed when the offender used or possessed a http://%vwwXpca.com/200I priori ties. litni 712710 Florida Police Chiefs Association - I:PCA.OnLinc: 2001 Legislative Priorities Page 2 of police frequency scanner or other device that Intercepts police communications. FPCA supports this concept. a. F-DUCATI.ONAL STANDARD_S..EOR-LAIN.ENEORCEMEN7' OFFICERS- FPCA supports the concept of raising the minimum educational loves of law enforcement officers to at least that of a two year college degree, as long as the employment of currently certified officers is-not affected. 9. LAll_I-r;NF-QR( 1=MENT_EXEMP_T__LQN_EO_R u5E O.F IMITATtQN CO.NIR LLED SuBSTAN-Qi S - Due to a recent appellat, court decision, legislation Is needed to' exempt law enforcement officers from the laws prohibiting use of imitation controlled substances in the course of an official Investigation. FPCA will support such legislation. 10. "P? SJON OJ-_D_IAQAT&RA$E FPCA supports the continued expansion of the statewide DNA database, 11• P_AWNRRQKERGATASA.Si= FPCA supports legislation Implementing a statewide pawnbroker database which will provide access to Information about pawned Items to all law enforcement agencies.. 12. ' V10_4FST_QRIME CQUhLCJL - FPCA supports increased funding for the Violent Crime Council and the expansion of 'the Council's jurisdiction to include drug cases which are related to the statewide anti-drug strategy. 13. DVJ_ FPCA supports legislation which would provide that a third conviction for DUI would be punishable as a third degree felony and which would provide that refusal to submit to a breath test constitutes a criminal offense. '14. ' QEl?.AR_TMEI_'T QF L'_ORBFC-p_NS IN-$Fi-CTOR-QENE}_ FPCA supports legislation authorizing law enforcement authority for certa€n'investigators employed by.the DOC Inspector General's Office. r i ' .1 ? ' r r Ir r Tlorida Police Chiefs Association - FPCA'OnLine:'2001 Legislative Priorities Page 2 of police frequency scanner or other device that Intercepts police communications. FPCA supports this concept. B. ' EDUiCAUO.CAI-SMNDABPS-EOR-L&[V ENEORQFMrzNZ.QEEI.C-E]36 FPCA supports the concept of raising the minimum'educational level of law enforcement officers to at least that of a two year college degree, as, long as the employment of currently certified officers Is not affected. 1. LAW f ?O?C? I?<;NT E?(??pS?O?O?JS?QE 1IY11TA2#_Q? CO +L1Tg0l,?..?A S?1 ?3?'f?N_C?S - Due to a recent appellant court decision, legislation is needed to 'exempt law enforcement officers from the laws prohibiting use of imitation controlled substances in the course of an official investigation., FPCA will support such legislation. .10. r;XE?AXSj%LQF DNA DAM0ASJE FPCA supports the continued expansion of the statewide DNA database. 11. PAWN BBD URJ?AIAI3AS_E FPCA supports legislation Implementing a statewide pawnbroker database which will provide access to Information about pawned items to all law enforcement agencies.. 12. Y1QJUwN.LCRiME Q.QUUMQjL- FPCA, supports increased funding for the Violent Crime Council and the expansion of the Council's jurisdiction to Include drug cases which are related to the statewide anti-drug strategy. 13. ' .l-U-L FPCA supports legislation which would provide that a third conviction for DUI would be punishable as a third degree felony and which would provide that refusal to submit to a breath test constitutes a criminal offense. 14. DEPARTMENT OF C-Q.RRECTIQN$?NSPECIQR?13" FPCA supports legislation authorizing law enforcement authority for certain Investigators employed by the DOC Inspector General's Office. http:/h;nvw.fpca.com/200I priorities.litm 7127/0 ' or Clearwater City Commission ?,. ? Final Agenda (tens it ---?- • Agenda Cover Memorandum Meeting Date: SUB] ECTIRECOMMENDATION.- Authorize payment of statutory attorney fees in the case of City v. Kahimeyer, Circuit Civil No. 00- 3566-CI-07, the eminent domain case involving the City's downtown lake, for $41,827.50 ® and that the appropriate officials be authorized to execute same. SUMMARY: • This case involves acquisition of the last piece of property necessary for the construction of the City's downtown lake. The property is located at 924 Pierce Street and is owned by the Kahimeyer family. Efforts to purchase the property were not successful. Consequently, the City Commission authorized condemnation and an eminent domain action was filed in May, 2000. • The City acquired title to the property in September, 2000, and compensation to be paid to the owner of $375,000.00 was authorized by the City Commission in August, 2001. • Defendants' entitlement to attorney's fees is set by statute. The figure established by the statutory formula is $49,827.50. Authorization is sought to pay this amount. • We have been unable to resolve the issue of defendants' expert witness costs.. These claims will be resolved by the court at a later date. Reviewed by: Originating ept: Costs Legal Iri€o Tech rNA Legal Total Budget NA Public Works NA User Dept. Funding Source: Purchasing NA DCM/ACM [auuil ?m?unvemens Current Fiscal Year Risk Mgmt NA Other NA Attachments Oswuling other Appropriation Code: Submitted by: ? None Cif Manage r IPrinlr.rt nn r. vrtart minor Rnv_ 71hn ` M Clearwater City Worksession Item #: may: . Commission Final Agenda Item # Agenda Cover Meeting Date: 91612001 Memorandum SUBJECT/RECOMMENDATION: Pass Ordinance 6840-01, relating to water shortages, on first reading, adopting an enforcement procedure for violators of the water shortage restrictions and providing an appeal process. _I-] and that the appropriate officials be authorized to execute same._ SUMMARY: • Southwest Florida Water Management District (SWFWMD) issued their final order (SWF 01-14) on March 21, 2001, declaring a water shortage emergency for Pinellas, Hillsborough and Pasco counties. As a result, the City had to increase water restriction enforcement efforts. • On April 5, 2001, the City Commission adopted ordinance 6797-01, providing a declaration of an emergency water shortage and changing the fine structure.:, • Typically, the standard procedure is as follows: citations are issued to water violators if a violation reoccurs after an initial warning. A lengthy process through the Pinellas County Court System is then followed in order to collect fines resulting from these citations.. • The following alternative method of enforcement was recommended and approved by the City Commission on April 5, 2001. Under this method, a code enforcement or police officer still issues a warning for a first violation of the water restriction. Upon subsequent violations, the property owner shall be fined $100 for each occurrence. The fines will be billed to the violators by Clearwater Customer Service. This fine billing process shall not preclude an alternative citation in County Court or to the Municipal Code Enforcement Board. • The water enforcement program has been extremely successful. The City of Clearwater reduced water use by 11.4%, 106 million gallons of water during the drought. This is in part due to, staft's efforts including citywide enforcement coverage round-the-clock, and the Community Response Team's customer-friendly approach, concentrating on education and warnings, resulting in only 24 actual legal notices being sent. • . Ordinance 6797-01 will expire on November 30, 2001 or upon repeal of SWF 01-14, whichever occurs first. Ordinance 6797-01 does not provide for an appeal process. • Proposed Ordinance 6840-01 continues the same rate structure and other associated billing restrictions as established during the emergency period, adds new language for an appeal process through the City Manager or his designee, and extends the expiration period. s This ordinance shall take effect immediately upon adoption and shall remain in effect as long as the Phase III water shortage emergency declared by Executive Director Order No. SWF 01-14 exists in Clearwater. Reviewed by. Originating riept: Costs Legal ?? Info Srvc NA Development Services Total Budget NA Public Works User Dept. Funding Source: Purchasing NA 'DCMiAC Development Services Current FY CI Jeff Kronschnab) Risk Mgmt NA CCS Attachments OP Public ? , t j Ord. #6840-0'1 Other o !Utilities sr;, Cl None Submitted by: Appropriation Code: City Manager Printed on recvc1od Donor Rav ?roa r ORDINANCE NO, 6840-01 ;Z AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO WATER SHORTAGES; AMENDING SECTION 32.151, CODE OF ORDINANCES, TO DELETE A CERTAIN DEFINITION NO LONGER NECESSARY; REPEALING SECTION 32.153, RELATING TO THE DECLARATION OF A WATER SHORTAGE; AMENDING SECTION 32.164, TO PROVIDE FOR FINES AND FINE COLLECTION FOR VIOLATION OF WATER USE RESTRICTIONS AND PROVIDING FOR APPEAL; REPEALING SECTION 32,155, HARMONIZING THE SCHEDULE OF FINES FOR CASES IN WHICH A NOTICE TO APPEAR IS ISSUED WITH THE PINELLAS COUNTY UNIFORM FINE SCHEDULE, AS AMENDED FROM TIME TO TIME; PROVIDING AN EFFECTIVE DATE. WHEREAS, a Phase III, water shortage emergency remains in the City of Clearwater (Clearwater) and the surrounding area; the water shortage was first declared by the Executive Director of Southwest Water Management District when he issued 'an emergency final order, Executive Director Order No. SWF 01-14 on March 21, 2001, and that Order remains in effect; and WHEREAS, the Clearwater City Commission did respond by adopting Clearwater Emergency Ordinance No, 679701 on April 5, 2001 finding and declaring that an emergency water shortage existed which affects both the public and private welfare''and that increased compliance and enhanced enforcement of existing water restrictions may alleviate such emergency water shortage; and WHEREAS, ,the Clearwater City Commission finds that the enforcement procedures in Clearwater Emergency Ordinance No. 6797 were and are effective means of achieving, compliance with the water shortage expectations of Executive Director Order No. SWF 01- 14 as well as enhancing the public and private health safety and welfare of the citizens of Clearwater as a whole; and WHEREAS, Clearwater Emergency Ordinance No. 6797-01 repealed conflicting sections of the Clearwater Code and these repealed provisions should remain repealed while this ordinance is in effect; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Section 32.151, Code of Ordinances, is amended as follows: Sec. 32.151 Definitions, The following words, terms and phrases,, when used in this division, shall have the meanings ascribed to them in this section, except-'where the context clearly indicates a different meaning. Ordinance No. 6840-01 dater-shortage-plan--meaas--ahaptep-40D-21; -Florida-Administrative--Code-r4he Godi€ieation-of-the-water--&artage--plan-adapted-and-published--the-distract;-or-any rnodifisation-o"etivative4hereo# which--is--sUrrent-,and-frt-effect-at- he-tinge-a-wateF shortage-oondit!oR--er-water-shortage-emergensy7is-declared-by-tie-governing-bear4-or the-exesutive-d ir.esteF-of-the-distr4Gt : Section 2. Section 32.153, Declaration of water shortage condition or emergency by water management district or by Pinellas County; enforcement; penalties, Code of Ordinances, is hereby repealed in its entirety. Section 3. Section 32.154, Code of Ordinances, is amended as follows: Sec. 32.154 Enforcement of division. . M Every police officer of the city in addition to all other duties imposed by law, diligently enforce the provisions of this division. In addition, the city manager may delegate the authority to designated 'code enforcement officers, of the city to. issue warnings citations/notices to appear in County Court to persons in violation of this division pursuant to section 1.12(3)- or to enforce the provisions of this division through citation to the municipal code enforcement board pursuant to section 1.12(2) or- Article Vil of the land development code. When notices to appear are issued to County Court pursuant to this Division, violators of any provision of this division shall be subject to the imposition of fines as set forth in the Pinellas County Uniform Fine Schedule as adopted b Administrative Order of County Court No. PI-CTY-99-4 of the Coy M Court, as amended from time to time. (?_) As an alternative method of enforcement, _a code enforcement officer or a Police officer shall on first occurrence of failure to'com I with the water restrictions to the violating propel with a warning. Upon findin of a second or subsequent violation the utilit customer of record residing in or responsible for the water and sewer bill at the tagged property shall be fined $100. Such fine amounts will be billed to the utilit customer of record by the Customer Service department. Any utility customer of record aggrieved b the-imposition of the fine on such customer shall have the ri ht of a eal to the city manager or his designee. Such appeal shall be ripened by filing a written statement with the city- clerk within ten days after the mailing of the bill on which the fine is imposed. The written statement shall set forth the rounds for such appeal. The city clerk shall. notify the city manager or his designee who shall schedule a hearing and shall give notice of such hearing to the appealing utility customer of record. The decision and order of the city manager or his designee shall be final and conclusive. This fine process shall not preclude alternative citation in coup court or to the municipal code enforcement board. M The provisions of this division shall be enforced within the city and, to the extent permitted by law, within the water service area of the city outside the corporate limits of the city. 2 Ordinance No. 6640-01 Clearwater City CorrtlnisSiori Final Agenda Item # 4 w •. Agenda Cover Memorandum Meeting Date: q- 6.a ol SUBJECT/RECOMMENDATION: Pass City of Clearwater Ordinance 6857-01 on first reading, which will simplify and amend purchasing procedures, and that tho appropriate officials be authorized to execute same. SUMMARY: Proposed changes are designed to make purchasing procedures more effective, more efficient, more flexible and more inline with our peers. Redommended changes will not make city .management less accountable. • Increases the bid threshold to purchases exceeding $50,000 (from the current $25,000). • Increases the small dollar purchasing quotation exemption to $2,500 (from the current $1,000). • Increases the bidder security mandatory level to $150,000 (from the current $100,000). • Increases the City Manager's contract approval authority to $50,000 (from the current $25,000). Also authorizes Assistant City Managers the same approval authority. Approval authority may be delegated to the Purchasing Manager. • Increases the minimum dollar award for mandatory written contracts in support of construction or services to $50,000 (from the current $10,000). • Increases or decreases the City Manager's change order approval authority to 10% of the award previously approved by the City. Commission (from the current cumulative increase of $25,000). Authorizes Assistant Citlr Managers the same approval authority. • Adds exception to bid authority for purchase of construction materials as designated by contractors of city awarded projects. This provides sales tax cost savings. • Adds exception to bid authority for pre-approved city personnel in support of City Manager declared emergencies. Exemption may be authorized up to the current bid threshold (recommended at $50,000 as noted above). • Authorizes department directors to delegate approval authority for exception to bid award recommendation to other departmental personnel, except when either emergency or sole source justification is appropriate. Reviewed by: Originating Dept: Cs , MC K,t v,n Costs Legal t..? lam- Info Tech NSA FINANCE ?J "total Budget ?C N/A - Public Works '1Y+ User Dept. Funding Source: Purch. ACM cappo lmprovomanl Currant Fiscal Year Risk. Mgmt N/A Other Attachments Oporaling r.\ O1her Appropriation Code: Submitted by: ®Nane City Manager Printed an recvciad saner ORDINANCE NO: 6857-01 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO PURCHASING; AMENDING SECTIONS 2.561,2.562 AND 2.564 ADJUSTING THE DOLLAR THRESHOLDS FOR THE CITY OF CLEARWATER'S PURCHASING PROCEDURES; PROVIDING AND EFFECTIVE DATE. WHEREAS, purchasing thresholds have accelerated among the governments similar to the City of Clearwater, Florida; and WHEREAS, the City of Clearwater, Florida wishes to remain competitive in the marketplace for the purchase of goods and services required for City, operations; and WHEREAS, the City of Clearwater, Florida wishes to remain prudent and efficient with the expenditure of its public funds; now therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA; Section 1. That Sections 2.546, 2.561, 2.562, and 2.564 of the Code of Ordinances, City of Clearwater, Florida, is hereby amended to read as follows: Section 2.546. Purchase orders or contracts to be used. Purchases of commodities and services shall be made only by purchase orders and/or other written contract executed by the purchasing agent. Except as otherwise provided in this division, no purchase order shall be issued unless the prior approval of the city manager has been obtained. The purchase order authorizing the expenditure of funds shall be signed by the purchasing agent. Construction contracts exceeding $50,000 $25;099 shall be made by both purchase order and written contract. Section. 2.561, Purchases over 150,000 $25;898. Except as otherwise provided in this division, the purchase of commodities or services of an estimated value over $50,000 $ g,gg shall be by purchase order and/or other written contract with the vendor-submitting the lowest responsible bid whose bid has been solicited, received and approved, pursuant to the following procedures: 1) ' Notice inviting bids. Notices Inviting bids shall be published at least one time in a newspaper of general circulation within the city and shall include a general description of the commodities or services to be purchased, a statement of where bid documents may be obtained, and the date, time, and place of the public opening of bids. The publication shall be not less than 10 Ordinance No. 6857-01 , calendar days before the bid opening date. Sealed bids shall also be solicited from responsible prospective vendors including those on the registered vendor's list. (2) Security (bid bonds). When the estimated cost of a public works contract is $.L50,000 $499,089 or higher, or when otherwise deemed necessary by the city manager, security in the form of a bid bond issued by a surety company, licensed to do business in Florida or a cash bond in an amount equal to ten percent of the bid shall be prescribed in the public notices inviting bids. A vendor shall forfeit a bid security upon a refusal or failure to execute the 'contract within ten days after the notice of award of contract has been mailed, unless the city is solely responsible for the delay in executing the contract. The city commission may, upon the refusal or failure of the successful vendor to execute the contract, award the contract to the next lowest vendor. In such event, the amount of the lowest vendor's bid security shall be applied by the city to the contract price differential between the lowest bid and the second lowest bid, and the surplus, if any, shall be returned to the-lowest bidder. (3) Bid opening procedures. Sealed written bids shall be returned to the city and identified as bids on the envelope, together with other information as may be specified in the invitation to bid. Bids shall be opened in public on the date and at the time and place stated in the public notices. A tabulation of all bids received shall be made available to the public. (4) Rejection of bids. The city manager may: (a) Reject all bids; or (b) Reject all bids and re-advertise for bids, pursuant to the procedure prescribed in this section. (c) Reject all bids and direct that the project or service in question be performed by city forces upon determining that the project or service can be timely performed for an amount less than each of the bids submitted. (5) Award of contracts. Contracts exceeding $50,000 $25, 900 shall be awarded by the city commission to the lowest responsible vendor, Contracts.of $50,000 or less may be awarded by the city manager', assistant city manager ..and may be further delegated to the purchasing manager. (6) Performance and payment bonds. A performance bond and a payment bond, or a "contract bond" combining the elements of a performance and a payment bond, issued by a surety company licensed to do business in Florida, may be required before entering into a contract, in an amount at least equal to the contract price or such higher amount as may be found reasonably necessary to protect the best interests of the city. If such bond is required, the form and amount of the bond shall be described in the notice Inviting bids, 2 Ordinance No, 6857.01 (7) Change orders. Any change in the contract price, 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. may be approved to a total award of $50,000 for. any contract with the same approval authority as (5) above. The city manager may approve any increase of contract _up to_a maximum_ of-10% over the most recent award of the ci commission. The scope of any proiect may not be changed without prior approval of the city commission. , Fey ssn gage-sr- suat . No contract price increase shall be approved unless there are sufficient funds available for such purpose. (b) Contract price decreases may be approved without limitation. (c) The time for completion may not be extended by more than 60 days, in any one change or cumulatively for the same project, beyond the most recent commission-approved contract completion time. (d) No change order shall change the scope of the work unless approved by the city commission. 9- ers.- Section 2.562. Purchases for $50,000 X99 or less. . Except as'otherwise provided in this division, purchases of commodities or services of a value of $50,000 $25,000 or less, may be made in the open market, pursuant to the following procedure and without observing the procedure prescribed in section 2.561: (1) Minimum number of quotations. Open market purchases shall be based on at least three quotations and shall be awarded to the vendor making the lowest responsible quote. (2) Notice inviting quotations. Quotations shall be solicited either by written request, which may include facsimile transmission, electronic mail or by telephone. (3) Sealed written quotations. Sealed written quotations received in response to written solicitations for quotations shall be submitted to the purchasing agent who shall keep a record of all open market orders and quotes. 3 Ordinance No. 6857-01 (4) Written quotation opening procedures, When formal written quotations are requested and received, the quotations shall be opened in public at the time and place designated by the purchasing agent. 5) Rejection of quotations. The city manager as purchasing agent may: (a) Reject all quotations; or (b) Reject all quotations and re-obtain quotations pursuant to the procedures prescribed in this subdivision. (6) Award of contracts. Except as otherwise provided in this division, each contract shall be awarded to the lowest responsible vendor. Section 2.564. Exceptions to bid procedures. (1) The bidding requirements set forth in this subdivision may be waived when one of the following conditions exists: (a) A department director certifies via electronic coordination of the purchase requisition describing to the purchasing agent that an emergency exists in regard to the purchase of any commodity or service and that the delay incident to giving opportunity for competitive bidding would be detrimental to the interest of the city. The responsible department director shall provide a detailed summary outlining the facts demonstrating the existence of an emergency. Upon determining that an emergency exists the purchasing agent may authorize the purchase. Emergency purchases that exceed the purchasing agent's authority must be approved by the city commission at the earliest regular or special public meeting thereafter. (b) Commodities or services are available only from a sole source, after determination by the purchasing agent upon review of written summary of facts from the department director requesting the purchase. (c) The amount of the purchase is $2,560 $999 or less. (d) It is to the advantage of the city to purchase commodities or services in cooperation with another governmental entity in Florida or to purchase commodities or services from contracts previously awarded by other' governmental entities as recommended b the department director or designee. (e) The purchasing agent determines that the nature of the commodity or service is such that competitive bidding is impossible, impractical, or cannot be obtained as recommended by the requesting department director: 4 Ordinance No. 6857-01 (f). Professional services subject to the Florida Consultants Competitive Negotiations Act. (g) Services rendered by health services including mental health; legal services including paralegal, expert witness, appraisal or mediator servicesi auditors; academic and lecturers; or services provided by persons with mental or physical disabilities under nbt-for-profit corporations. (h) Commodities or services purchased by the city or its representatives when necessary to the prosecution or defense of any claim or lawsuit in which the city Is a party or in which it is anticipated by the city attorney, the risk manager, .or the third party administrator of the city's self-insurance program that the city will become a party. (i) Commodities or services purchased by the city or its representatives when necessary to comply with Chapter 440, Florida Statutes (Florida Worker's Compensation Law), or when necessary to the defense of any worker's compensation claim asserted against the city, (j) Contracts of insurance. (k) Purchase of construction materials included In the scope of an awarded ?. construction contract in order to realize sales tax savings, in accordance'with Section 212.08(6), F.S. (l) Purchasln bid/ uotation requirements ma be suspended fora period to be determined b the emergency condition upon declaration of emergency bJ_ the ci mane er. Awards of contract,may be delegated in writing to any designee in the amount not to exceed $50,000. (2) - Purchases aver. 50 000 $2&,489 made pursuant to this section shall.be submitted to the city commission for approval. 5 Ordinance No. 6857-01 w Clearwater City Worksesslon Hem a 1 Commission Final Agenda Item Agenda Cover Meeting Date. 9/6101 Memorandum SUBJECT'/RECOMMENDATION: Pass Ordinance #6798-01 on First Reading, implementing a grease control program for the wastewater collection system, i , and that the a ro riate officials be authorized to execdte same. SUMMARY: The disposal of grease into the sewer system causes blockages, posing a threat to public health and environment.. 'The US-Environmental Protection Agency (EPA) and Florida Department of Environmental Protection (FDEP) have Implemented regulations to control wastewater collection system overflows. This Is done through the City's operating permits for the wastewater treatment plants. Pinellas County adopted a countywide ordinance regulating grease waste management In. their service area. The County ordinance is centered on permitting grease waste haulers, but does contain provisions for grease Interceptor maintenance. • This Ordinance focuses on controlling grease at its source - food service facilities. This Is done by registering facilities, regulating grease waste Interceptor size, maintenance, and capacity, to handle grease ' waste prior to entering the wastewater collection system, The Ordinance also provides requirements for interceptor maintenance, record keeping and grease removal. Grease trap design criteria must comply with Florida Building Code and Department of Health criteria. • Under this ordinance, grease interceptors will be registered with the City and subject to quarterly Inspections. Quarterly checks are based on established performance criteria (b-inches on top for grease and 8-Inches on bottom for solids). If the performance criteria are not met, 'pumping .frequencies will be adjusted to meet the standard. • A monthly monitoring fee of $10 will fund Implementation of the Grease Waste Management program and will apply to food service facilities In the program. The fee will be applied to the food service facility's monthly water and sewer service utility bill. I • • This Ordinance shall take effect Immediately upon adoption, • The following revenue codes are to be established for the Water & Sewer Utility Fund relating to the Grease Ordinance. The first will be 343555 Grease Ordinance [revenue and the second will be 354108 Grease Ordinance Violations. Roviewed by. Originating Dept- yJ Costs Legal ? info Srvc NA Public Works Administration Total NA Budget Public Works User Dept. Al? Funding Source: Purchasing A' DCM/AC Public Utiiitles/WPC/Powers Current FY NA Cl Risk Mgmt NA CCS Attachmonts OP Ffnance Ord. #6798.01 Other Submitted by: 44&1 ? 0 None 1 Appropriation Code: NA Ct Manager 4 1 1 Printed an recycled paper Rev. 2198 it py-: , 4 S ORDINANCE NO. 6798-01 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO WASTEWATER COLLECTION; REPEALING AND RECREATING' SECTION. 32.189, CODE OF ORDINANCES, REGULATING THE DISCHARGE OF GREASE BY CERTAIN FOOD SERVICE FACILITIES INTO THE WASTEWATER SYSTEM AND PROVIDING FOR ENFORCEMENT; CREATING APPENDIX A, ARTICLE XXV, SECTION (6); PROVIDING FOR FEES; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater, Florida (Clearwater) recognizes the importance of clean water and efficient wastewater disposal; and WHEREAS, the City Commission of the City of Clearwater finds that the disposal of grease into the wastewater collection system of Clearwater is a hindrance to and may create a blockage of Clearwater's wastewater collection system and results in inefficient wastewater' disposal, thus creating a threat to the public health safety and welfare of the citizens of Clearwater; and WHEREAS, the City Commission of the City of Clearwater finds that food service facilities generate large amounts of grease waste that, if improperly disposed, may create a threat to the proper operation of Clearwater's wastewater system; and WHEREAS,, the regulation and monitoring of grease disposal by Clearwater of food service .facilities in Clearwater may decrease the likelihood of damage to Clearwater's wastewater collection system, and ultimately the wastewater treatment facility; now therefore; BE IT ORDAINED BY CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1'. Chapter 32, Article V, Division 1, Section 32.189, Code of Ordinances, is hereby repealed in its entirety and a new Chapter 32, Article V., Division 1,.Section 32.189, Code of Ordinances is hereby created to read: Sec. 32.189. Grease Prevention Program (1) Definitions. Unless a provision of this section explicitly states otherwise, the following terms and phrases, as used in this section, shall have the meanings herein and shall be supplemental to Sec. 32.211(4). (a), Administrator means Clearwater's Public Works Administrator or his or her designee. (b) Food Service Facility means facilities that prepare and/or package food or beverages for sale or consumption, on or off-site, with the exception of private residences, Food service facilities shall include, but are not limited to: food Ordinance No. 6798-01 manufacturers; food packagers; restaurants; grocery stores; bakeries; lounges; hospitals; nursing homes; churches; and non-public schools. ' (c) Grease Waste Interceptor means a containment tank designed to collect, contain or remove food wastes and, grease particles from the wastewater prior to discharge into the wastewater collection system. Grease Waste Interceptor also includes a grease waste interceptor that is a large containment box installed underground, - normally outside of the food service facility and smaller containment boxes located within the food service facility that are undersink grease waste interceptors. (d) Grease.Waste means waste removed from a grease waste interceptor at food service facilities. ` (e) Plumbing Official shall mean the building official or other City employee designated by the City Manager and who administers and enforces the provisions of the Standard Plumbing Code. The Plumbing Official shall enforce the provisions of the Standard Plumbing Code within the boundaries of Clearwater. (2) Administration. The Administrator shall administer, implement, and enforce the provisions of this section (3) Grease Waste Interceptor General Requirements. (a) The requirements in this section supplement those provided in the Standard Plumbing Code, as adopted in § 32.134(1), Code of Ordinances, as amended from time to time or as superceded by the Florida Legislature. (b) Grease waste' interceptors shall be required at all food service facilities in Clearwater if grease waste is produced in quantities that could otherwise cause line stoppage or hinder grease, waste disposal as determined by the Administrator. All fixtures within such food service facility which may introduce fats, oil or grease into the wastewater collection system must be connected through the grease waste interceptor, including sinks, dishwashers, automatic hood wash units, floor drains in food preparation and storage areas, and any other fixture which is determined by the Administrator to be a source of fats, oil or grease. In no case shall grease -waste be introduced into the wastewater .collection system. (i) Grease waste interceptor Installation Grease waste interceptor location, design and sizing shall be based upon the requirements found in Rule 64-6.013(8), Florida Administrative Code, as -amended from time to time, and the Standard Plumbing Code as applied by the Plumbing Official. 7 Ordinance No. 6799-01 (ii) Existing food service facilities Existing food service facilities that do not have a grease waste interceptor shall install one and shall modify plumbing connections to accommodate the grease waste interceptor to comply with this section and within 180 days from the effective date of this section; unless otherwise directed by the Administrator in writing. Existing food service facilities that have a grease waste' interceptor and are not in compliance with this section shall be required to upgrade or replace the existing grease waste interceptor according to the requirements of this section. (iii) New food service facilities All new grease waste interceptors installed at food service facilities shall be of the type and capacity specified by the Plumbing Official. (c) The food service facility shall report pumping activities before the 10'h day of the following month to the Administrator on the form, so designated by Clearwater for such purposes'. (4) Grease Waste. Interceptor Maintenance (a) All food service facilities are required, to utilize a grease waste hauler permitted by Pinellas County, Florida to pump grease waste from the grease waste interceptor. (b) In-ground Atl-in-gr-Gund grease waste interceptors shall be monitored pumped at a minimum frequency of once for every 90 operational days to determine if the standard is met. The schedule for monitoring shall be established by the Administrator or designee. A registered food service facility may-file a A request for an alternate pumping frequency with may be-made4o the Administrator or designee. Based on the results of the monitoring report and the deviation from the standard, if any, the Administrator or designee may adjust thepump inq frequency.. If the standard is not met an increased um in frequency shall be required. .No-pumping-4r-egeeacy-shall-&- ed-42 days. Th ministratGr-may also mandate-gore--€mquent pumping--based-or,--ipspe6tien results-and grease-waste4ntersepter sapasity .The standard that shall be utilized for increased pumping frequencies is outlined in (4)(g) of this section. (c) The Administrator may require that, at the food service facility's expense, appropriate monitoring facilities, such as a control manhole, be installed. Monitoring facilities must be safe and accessible at all times for observation, inspection, sample collection and flow measurement of the food service facility's discharge 'to the wastewater collection system in accordance with the, provisions of this section. (d) Grease waste interceptor cleaning and maintenance shall include pumping the grease waste interceptor until empty, and cleaning the side walls, baffle walls, cross-pipes and inlet and outlet pipes. These pipes 3 Ordinance No. 6798-01 l? shall be immediately restored to their original design configuration should any damage occur. Covers on inlet and exit pipes shall be installed. The grease waste interceptor area shall be maintained free and clear of debris and accessible to the Administrator. If multiple grease waste interceptors are installed, all traps in the series must be pumped according to the maintenance schedule. (e) No emulsifiers, grease cutters or other chemicals, which could cause grease to pass through the grease waste interceptor may be used in the maintenance of a grease waste interceptor or its drain lines. A live bacterial product, which does' not contain any enzymes, surfactants, emulsifiers, or substances that act as solvents for fat and does not affect the wastewater. collection system may be used in the cleaning and maintenance, . upon approval by the Administrator' and based on formulation and operational criteria such as Material Safety Data Sheets. (f) Decanting or backflushing of grease waste is prohibited unless the grease waste hauler's trucks are specifically designed for this purpose. The trucks must be inspected, and their discharge sampled. The sampling shall be analyzed by Clearwater at the hauler's expense and shall meet the following parameters: BOD < 250 mg/l, TSS < 50 mg1l, and Oil and Grease < 35 mgll. (g) In-ground grease waste interceptors shall be pumped at a frequency that maintains a grease and oil layer of less than 6 inches on top of the grease waste interceptor and a solids layer of less than 8 inches on bottom of the grease waste interceptor. The measurement point for determination of the grease and solids layer shall be adjacent to the outlet pipe. (h) The location of the grease waste interceptor shall be kept clear of debris and maintained for access for inspection by Clearwater and maintenance as provided by this section. Blocking or covering the access to manways is prohibited, and manholes shall be maintained at least to finish grade and will be maintained to prevent inflow. (i) Undersink grease waste interceptors shall be cleaned at a minimum of once per week, or more often as necessary to prevent pass-through of grease and other food solids into the wastewater collection system. Q} The food service facility shall be responsible for opening access covers or manhole covers to the grease waste interceptor for inspection by Clearwater. If a problem is discovered, the food service facility manager shall notify the Administrator. A maintenance response to the Administrator by the manager of the food service facility is-required within 5 days of the discovery. 4 Ordinance No. 6798--01 (5) ' Food Service Facility Identification (a) It is unlawful for any food service facility producing grease waste to discharge grease waste into Clearwater's wastewater collection system without authorization from the Administrator. (1) Authorization shall be given in the form of a grease, waste registration certificate. Application for a grease waste registration certificate shall be made to the Administrator. If, after examining the information contained in the application, the Administrator determines that the proposed food service facility does comply with .the provisions of this section, a grease waste registration certificate shall be issued allowing the discharge of grease waste into Clearwater's wastewater collection system. If the Administrator denies a food service facility's application for a grease waste registration certificate, the owner of the food service facility may appeal the 'Administrator's decision to the City Manager. To ripen the appeal, the owner of the food service facility must submit a written request to the City Manager stating the grounds for the appeal. The City Manager's determination shall be final. (ii) Each grease waste registration certificate shall be issued for a five years period commencing from the date of the issuance. (iii)The food service facility shall apply for grease waste registration certificate re-issuance a minimum of 60 days prior to the expiration of the food service facility's existing grease waste registration certificate, (iv)The term and conditions of the grease waste registration certificate may be subject to modification by Clearwater during the term of the grease waste registration certificate as limitations or requirements as identified in this section are modified or other lust causes exist. (v) The food service facility shall be informed of any proposed changes in the issued grease waste registration certificate at least 60 days prior to the effective date of the changes. Any changes or new conditions in the grease waste registration certificate shall include a reasonable schedule for compliance. (vi) As condition precedent to the granting of a grease waste registration certificate, the recipient under this paragraph shall agree to hold harmless Clearwater and Clearwater's officers and employees from any liabilities arising from the recipient's operations under the grease waste, registration certificate. 5 Ordinance No. 6798-01 1 (6) Grease waste interceptor monitoring and reporting (a) Pumpage from a grease waste interceptor shall be tracked by a manifest that confirms pumping, hauling and disposal of waste. The 'manifest shall contain the following information: • .Grease waste interceptor information: 'Name -Contact Person -Address -Telephone Number -Volume Pumped -Date and Time of pumping -Name and Signature of food service facility manger verifying the food service facility information. Grease waste hauler information: -Company Name -Address -Telephone number -Volume Pumped -Date and Time of pumping -Driver Name and Signature of grease . waste hauler, verifying grease waste hauler information and service. . Destination Information Disposal Site or Facilities: -Company Name 1 Permit Number(s), -Contact Person(s) -Address -Telephone Number -Location of Disposal Site 1 Facility -Volume Treated -Date and Time of Delivery -Driver Name, Signature of operator verifying disposal site and facility information. (b) A "log of pumping activities shall be maintained by the food service facility manager for the previous 12 months., The log of pumping. activities- shall , be posted in a conspicuous location for immediate access by Clearwater personnel. The, log, shall include the date, time, volume pumped, grease waste hauler's name and license number and grease waste hauler's signature. The date, time and the company providing . the service of all grease waste interceptor maintenance activities shall, be logged in a bound logbook that shall be made available for review by Clearwater 6 Ordinance No. 6798-01 y , y ' (c) The food service facility shall maintain a file on site of the records and other documents pertaining to the facility's grease waste interceptor. The file contents shall include, but is not limited to, the record, as-built drawings, record of inspections, log of pumping activities and receipts, log of maintenance,. and the file shall be available at all times for inspection and review by the Administrator, Documents in the file shall be retained and preserved in accordance with Clearwater's public records retention policy. (7) Penalty for Violation of Section Any violation of this section shall be enforced pursuant to Code of Ordinances section 9.12. Section 2. Appendix A,, Article XXV, Section (6) is created to read: (6) Food Service Facility Grease Waste Interceptor Monitoring Fee There is hereby created a food service facility grease waste interceptor monitoring fee. The fee shall be based on cost recovery for Clearwater's food service facility grease waste interceptor monitoring activities as found in§ 32.189, Code of Ordinances, and shall not be limited to, the cost of field, administration, engineering and clerical expenses involved. The fees shall be applied to the food service facility's monthly water and sewer service bill and shall be paid in accordance with the terms and schedule set forth in the billing document. Food Service Facility Grease Waste Interceptor Monitoring Fee $10.00 per month. Section 3. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL 'READING AND ADOPTED Brian J. Aungst Mayor-Commissioner Approved as to form: Attest:. Jane C. Hayman Cynthia E. Goudeau t Assistant City Attorney City Clerk 7 Ordinance No. 6798-01 life SUBJECT/RECOMMENDATION: Clearwater City Commiss"lon Agenda Cover . Memorandum Worksession item I1: Final Agenda item # Meeting Date: 0/0612001 Approve the amendment of the Capital Improvement Program (CIP) to restructure current Water and Sewer Utility funding by reducing project budgets by $11,941,563.65 of sewer revenue, $5,902,194.10 of water revenue, $350,000 of reclaimed water revenue,' $2,333,000 of water renewal and replacement (R & R) revenue and $2,075,844.92 of sewer renewal and replacement revenue for a total decrease of X22,612 602.67 and increasing project budgets-Ily $231,000 of water impact fees and $8,498,623.22 of planned FY02 revenue bond proceeds for a total increase of $0,729,623.22, resultin in a net budget decrease of $13,882,979.45, 19 and that the appro riate officials be authorized to execute same. SUMMARY: + On March 1, 2001 Ordinance 6695-01-was passed Increasing water, lawn water and sewer rates by 7% beginning July 1, 2001 and for four additional 7% Increases at varying intervals through October 1, 2004. • In 2001 Burton and Associates completed a water and sewer rate study update requesting five 7% rate Increases over the period July 1, 2001 to October 1, 2004, • The restructuring is to Improve operating cash flows In the Water & Sewer Utility Fund by converting project funding from unrestricted operating revenues to restricted revenues or future bond proceeds. Through expected debt service savings and reevaluation of the timing of project funding the restructured project schedule has no effect on the water, lawn water and sewer rates as passed in Ordinance 6695-01. + Resolution 01-07 .was passed on March 1, 2001 establishing the City's Intent to reimburse certain project costs incurred with future tax-exempt financing. The projects Identified with 2001 revenue bonds as a funding source were Included in the project list associated with Resolution 01-07, • The 2001 rate study originally Identified a need for approximately $113.2 million In capital projects, with bonds to be issued in 2001/2002 of approximately $36,503,000 and 2003/2004 of approximately $48,498,000 to fund a portion of the needed capital Improvements. As a result of the project restructuring the need for capital projects Increased to S137,276,000, with bonds to be issued in 2001/2002 of approximately $53,776,000 and 2003/2004 of approximately $35,657,000 and with interim financing of $23,239,000 In 2005 In anticipation of a $40,644,000 bond issue in 2006. Following is the original list of $36,503,000 million in projects to be financed from the 2001/2002 bond Issue corrected to the updated approximate issue amount of $53,776,000: Northeast Advanced Waste Water Treatment Carousel • Laboratory Building 41 Water Pollution Control Master Plan - Phase III and IV Pump Station Replacement a Reclaimed Water + Northeast Improvements Original $ 570,000 2,199, 000 1,792,000 6,060,000 2,058,000 3,643,000 Corrected $ 315,600 2,198,960 1,700,040 4,SW,000 7,253,930 7,079,020 Reviewed by: Originating Dept: Costs Legal NIA Info Srvc NA Public Works Adrb Mush) Total NIA Budget Public Works User Dept. Funding source: Purchasing A DCM/ACM /-? Public Utilities Current Cl FY Risk Mgmt NA Finance Attachments OP Project Lisl Other Submitted by. ? None Appropriation Code: City Manager Printed on recycled paper ttcv, 21gB it ' •. r • Water Treatment Plant 8,200,000 6,250,000 • Sewer Interceptor tines 2,781,000, 1,781,000 • Sewer Manholes & Gravity tines 11000,000 ' 500,000, + Water Disinfection Systems 1,400,000 1,400,000 . . • . Water Service Lines 11000,000 11000,000 • Clearwater Harbor Sewer Line Relocation (JPA) 11000,000 550,000 ' . • Clearwater Harbor Force Main (Bridge) 1,200,000 10'440,560 • , . Clearwater Harbor Water Transmission Main Replacement 3,600,000 . 1,848,440 Water Supply & Treatment 1,951,000 • Line Relocation- Capitalized 1,709,190 A "Meter/Bacictiow Prevention Device Repair/Change-out 275,000 + 'WPC Master Plan Phase II 1,200,000 .' + AWT Facllltles 545,220.- fa Sanitary Sewer Relocation 2,000,000 • Sanitary Sewer Renewal & Replacement 8.218000 Total $36,503,000 $53,776,000 • Project budgets will be amended at third quarter as outlined on the attachment. 1 ' 2 Sanitary UtIl Relocation Accom 316.96634 Sewer Roy 5 (2,000,000,00) Sanitary Wit Relocation Accom 343.96634 01 Rev'Bonds 2,000,000,00 Morton Plant Pump Station 315.96652 Sewer Rev (987,416.23) AWT Facilities Upgrade 315.96854 Sewer Rev. (800,000.00) ' AWT Facilities Upgrade 316.96654 Sewer R & R 254,780.08 AWT Facilities Upgrade 343.96654 01 Rev Bonds 545,219.92 Laboratory Building 315-96656 01 Nov Bonds (1,675,000.00) Laboratory Building 343.96656 01 Rev Honda 1,575,000.00. NEAPCF Improvements 315.96658 01 Rev Bonds (144,667,56) : NEAPCF Improvements 343.96658 01 Rev Bcnds 1'45,214,98 Digester Cleaning 315.96662 Sewer Rov (375,000.00). Sanitary Sower R & R 315.96665 Sewer Rev (4,573,000,00) Sanitary Sewer R & R 315-96665 Sewer R & R (2,400,000.00) Sanitary Sower R & R 315-96665 01 Rev Bonds (3,025,000.00) 'Sanitary Sewer R & R 343-96665 01. Rev Bonds 6,595,000.00 NE AWT Carousel, 315-96672 Sewer Rev (315,600.00) NE AWT Carousel 343.96672'01' Rev Bonds 315,600.00 NE Aerated Sludge Holding Tank 315-96674 Sewer Rev (547.42) Telemetry System for Lift Stns •315.96676 Sewer Rev (150,000.00) NE Control Bldg Ground Floor Rem 315-96681 Sewer Rev (157,000.00) WPC Master Plan Ph li 315-96683 Sewer Rev (133,000.00) WPC Master Plan Pb II 315-96583 01 Rev Bonds (1,067,000.00) WPC Master Plan Ph If 343.96683 01 Rev Bonds 1,200,000.00 WPC Master'Plan Ph III 315.96685 01 Rev Bonds (1,400,037.78) , WPC Master Plan Ph III 343-96685.01 Rev Bands 1,400,037:78 Pump Station Replacements 315.96686 01 Rev Bonds (2,000,000.00) Pump Station Replacemenls 343-96686 01 Rev Bonds 500,000.00 'Ctwtr Hrbr Sewer Line Refoc JPA 343-96688 Oi Rev Bonds (450,000.00) Reclaimed Water Distribution Sys 343.96739 01 Rev Bonds 3,160,625.00 , Reclaimed Water Distribution Sys' 316.96739 Water Rev (1,420,000.00) Reclaimed Water Distribution Sys 315.96739 Sewer Rev (2,450,000.00) ' Reclaimed Water Distribution Sys 315.96739 Recl Wtr Rev (360,000.00) Reclaimed Water Distribution Sys 315.96739 Sower R & R 69,375.00 liYater-StipplyfFreMrsieri4 345.9610 Waterter " Water,SupplylTroatment 315.96740, Water Rev: . (2,622,000.00) Water Supply/Treatment 343-96740 01 Rev Bonds 680,000.00 System R & R Capitalized 315-96741 Water Rev (1,250,000,00) System R & R Capitalized 316.96741 Water R & R (783,000.00) Line Relocation Capitalized 315.96742 Water Rev (379,194.10) Lino Relocation Capitalized 315-96742 Water R & R (1,050,000.00) .Line Relocation Capitalized 343-96742 01 Rev Bonds 1,429,194.10 Meter/Backllow Prevention Device 315-96743 Water R & R (276,375.00) .System Expansion' 315-96744 Water Rev (231,000.00) System Expansion 315-96744 Water Impact 231,000.00 l?efrrEe+rsor-Reltsles 2#5,96747 Water Rey ( rE30F3.0f}} Water Treatment Facility 343-96746 01 Rev Bonds 939,769.78 Clwtr Mrbr Transmission Mains 343-96749. 01, Rev Bonds (1,510,958.00) Disinfection Systems 343.96761 01 Rev Bonds ' (814,375.00) Well Rehabllitatlon 315-96760 Water R & R (22325,001, $ -?_Q3,882,979.45)- 3 • 1 Clearwater City Commission Final Agenda Item 0 , • Agenda Cower Memorandum Meeting Date; _ &.al SUBJECT/RECOMMENDATION: Appoint a commissioner to serve on the Metropolitan Planning Organization ? and that the appropriate officials be authorized to execute same. SUMMARY: Vice-Mayor Hart currently serves are the MPO with his term expiring 9/12/01. Are appointment is needed to serve for the term to 9/12/05. The MPO meets on the 2nd Wednesday'of the month at 1.00 p.m. Reviewed by: Originating Dept: Costs Legal NA Info Tech. NA City Clerk Total , Budget NA Public Works User Dept Funding Source; Purchasing 'NA DCM/ACM capoal Impfavrment Current Fiscal Year Risk Mgmt NA Other Attachments Olhri ' Appropriation Code: Submitted by.-- 13 None City Manager Printed on recvcted Dauer APPOINTMENT WORKSHEET FOR COMMISSION MEETING _'September 6, 2001 Agenda # -To- ' BOARD Airport Authority MEMBERS: 5 TERM:'' 4 Years ' CHAIRPERSON: Dennis Roper APPOINTED BY: City Commission MEETING DATES; 1 st Wed., 3 pm FINANCIAL DISCLOSURE: Not required PLACE:. Commission Chambers RESIDENCY REQUIREMENT: City of Clearwater AP.PTS. NEEDED: 1 Special Qualifications: None (5097-91) DATE APPTS TO BE MADE: 916101 THE FOLLOWING ADVISORY BOARD MEMBER(S) SEAT(S) NOW REQUIRE EITHER REAPPOINTMENT FOR A NEW TERM OR REPLACEMENT BY A NEW APPOINTEE''. Date 'of Original Attendance " Interest in .. Name Appointment Record reappointment _ E 1. Dennis Roper 1997 Aug 00 to Aug 01 = 11 mtgs YES present all current term expires 9/30/01' - F THE FOLLOWING NAMES ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE' VACANCIES: Name-Address Comments-Related Experience, Etc. 1: W. Bruce Miller Retired Supervisor National Steel Co. 1952 Clearview Lake Dr., 33755 Zipcodes of current members on board: 1 at 33755 1 .at 33756 1 at 33763 2 at 33765 (1 is Mr. Roper) CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS (must be Clearwater resident) Name: _ _. • ? Ad r i e: c, Home Address: Office Address: Telephone:__,o?//-/6 ??-!_ - - Telephone: How long a resident, of Clearwater? 3 Employer: Occupation: ?NTire?l Field of Education: Other Work Experience: F r. >U? ° l i -5 ti If retired, former occupation: • 6'e L .r. e-i j iT? v. ,sue ?, ? r?????, L 5 - ?3 / ?? Community Activities: O ce 'e r. le1?c? ??s kP pie c«,ver ac Z14 c t'eFls 7'2?.rJ Ale /-4 !, X? I r'o r7 1 L{ICC1 -?" cf? !? „ - ., - - - -- ' - T 1 Other Interests:.,L?s_?f}?i•???_i-rh r. Board Service (current and past): Board Preference: Additions! Comments:. ??dzre? cc??f1 „y?, % ?L•?,? ?.?,? r n n,•<?. [>" '?> P e. !i J o e, /U .,1 tai,?"eSigned:<? Date: r - See attached list for boards that require Financial Disclosure at time of appointment. Please return this application & board questionnaire for each board listed to: City Clerk's Department, P. ,a. Box 4748, Clearwater, FL 33758-4748 or drop off at City Hall, 2nd Floor, 112 S. Osceola Avenue 8113/01 - verified- continued, interest CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS ;must be Clearwater resident) Name: ' 4 A5 ? U G, C4? Home Address: Office Address: . ?'' / [JCS r Cu et r? r Gf zip Zip _ Telephone: -V-Vg_ 4// ! - Telephone: How long a resident of Clearwater? Occupation: r-e Employer: Field of Education: Other Work Experience: If retired, former occupation:_ e, C! 'r v" Community Activities: ce reJ.-- ??r r/?rcv_ IL&e ,441L /1 Other Interests:--/ fu Board Service (current'and past): Board Preference: Awo_n Additional Comments: «zts: - co?11,. 'e l'Zcv,, q -- ?? • rr? cti ' [s /Lo. o u ax, c 12.?r ie i * : J ? II'S % ?rY//lCl ????crreurrT'e, Signed: (?? r2 rrc /1G .Date: ?f See attached list for boards that require Financial Disclosure at time of appointment. Please return this application & board questionnaire for each board -listed to: City Clerk's Department, P. O. Box 4748, Clearwater, FL 33758-4748 or•drop off at City Hall, 2nd Floor, 112 S. Osceola Avenue 8/13/01 - verified continued interest ?? I'•ir " '4 C, BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? .La ??o r/C_ a S r?i/_ cc ¢??Sa rt eel Ice/ It AJ e2 7` e c+ 7? r'4 c rs `E E a,U"5 Ll?U6LI- L ?IJ 5?c? /Yladle??e- cal?r? r?Uerl??v .deT /fro i rTS Al °' 2. Have you ever observed a board meeting either in person or on C-View, the City's TV station? lQ. ?T>E.WWe? /IDrrr?79?Tirp , !rJ 7 G !1? (f et-) 3. What background and/or qualifications do you have that you feel would qualify you to serve on this Board? 4, ger a f7 v Ste' W t?-r 3 A1&,0e?-eZ('e11` C/? CX 91'U v dtJ 1-a r -u 2 - C v A) 1 r^ 1 S l[1 o f• oUT"?iUVOra.S 1Di27 C?it ?Clr he ? ?-- /J9?f1lc C/ec?S ,uJ ?ltSc?'? e,rJ am r? C4r?l Zle, ?jtXe2! ZrG'rlJr, lVer1er 7?/le-eu c'r rc rt. (!t?.Jr' <<Nt( &9 rC?irsL_ 1I6 r.SaN• 4. Why do you want to serve' on this Board? / a. ",5 u r-e 7'/G e? ?gar7- Ce>,y7'litJ_U_NS -7-o fezrA,) a Lc?, c r n 60 e? f a oG rr I Q f 16 XCf / a Z.Se> A//ZE ?f -,s I- °e- r e Se AV % -74,& n ?5 v L? 2 Ner ! G6r { . a 21 f cel7le?v /!G %I -re 4-• ec? Name: G? /r Board Na , SEN U 81999 CITY LA E, X I.iS. 1 f r ' r ' I r I I , I APPOINTMENT WORKSHEET FOR COMMISSION MEETING Se2tember 6, 2001 Agenda #! BOARD: Environmental Advisory Board MEMBERS: 5 TERM: A years CHAIRPERSON: Sandra Jamieson APPOINTED BY: City Commission MEETING DATES: 3rd Wed., 4 pm RESIDENCY REQUIREMENT: City of Clearwater PLACE: Commission Chambers FINANCIAL DISCLOSURE: Not Required APPTS. NEEDED: 1. STAFF LIAISON: PWAIEnvironmental DATE APPTS, TO BE MADE: 916!01 SPECIAL QUALIFICATIONS: None THE FOLLOWING ADVISORY BOARD MEMBER(S) HAVE TERMS WHICH EXPIRE AND NOW REQUIRE EITHER REAPPOINTMENT FOR A NEW TERM OR REPLACEMENT BY A NEW APPOINTEE. Date of Original Attendance Interest in } Name Appointment Record reappointment 1. Vacant Seat person appointed will begin immediately with term to 8/31/05' THE FOLLOWING NAMES ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE VACANCIES: Name-Address Comments-Related Experience, Etc. r 1. Ciorinda (Cookie) Gilreath past member Historic Preservation Board' 1709 Sunset Dr., 33755 2. Norma Carlough Retired Insurance Agent .1756 Ashton Abbey Rd., 33755 3. Stephen G. Watts r Attorney 1 101. Woodside Ave„ 33756 4. Richard Avichouser Realtor/investor 1621 Gulf Blvd., 33767 5. D. Michael Flaner Professional Engineer 1.836 Venetian_ Point Dr., 33755 Zipcodes of current members: 1 at 33756 1 at 33759 1 at 33764 1 at 33765 1 vacant r CITY OF CLEARWATER.- APPLICATION FOR ADVISORY BOARDS' (must be Cfearwater resident) Name: f L 2L A ! Home Address: Office Address: 17l zip ' ? S?S? Zip _ Telephoner Telephone: How long a resident of Clearwater? Occupation:1.,..,-. _'(-t...la• ] a Field of Education: Other Work Experience: If retired, former occupation: Community Activities: 'W-7 rnn Other Interests: 5 -" _ 11 1 e Additional Comments: Signed: CC L-V-64 r Date: See attached list for boards that require Financial Disclosure at time of appointment. Please return this application & board questionnaire for each board listed to: City Clerk's Department, P. O. Box 4748, Clearwater, FL 33758-4748 or drop off at City Hall, 2nd Floor, 112 S. Osceola Avenue J Pj V Jan. 2001 - verified continued interest in LIB APR 09 1999 Mar. 2001 - verified continued interest in EAB YCi•:Li<Cs Board Service (current and past): Board Preference: PA, CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS i ( ust be Clearwater resident) N me. Home Address*, Office Address: Zip f7?;5???? Zip Telephone:, Telephone: v C \f/? How long a resident)of Clearwater?_ •_?.~?_ 1 5 _ Occupation: Employer: -? Field of Education: fC I ?'C. C. ? f• I Other Work Experience: buck/ mn", A ' .j If retired, former occupation: 16,(," Community Activities:- 3 Other Interests: !t ?_.aL_r ..?• i.?r r ? -,?!_ ?? ?` 71v t, 1s4._?_ - _ Board Service (current and past): . Boa/rd'Preference: LIB Additional Comments: Signed: Date: See attached list for boards that require Financial Disclosure at time of appointment. Please return this application & board questionnaire for each board listed to: City Clerk's Department, P. O. Box 4748, Clearwater, FL 33758-4748 or drop off at City Hall, 2nd Floor, 112 S. Osceola Avenue R G,; ItL 13 N ???J-.TJI• ` i 1 Lw? 8/13/01 - verified continued interest in EAB & LIB Cj ',t ?B IK. BOARD QUESTIONNAIRE, 1. What-is your understanding of the board's duties and responsibilities? 2. Have you ever observed a board meeting either in person or on C-View, the City's TV station? .3. What background and/or qualifications do you have that you feel would qualify. 4. Why do you want to serve on this Board? I , C'L_- ,\ i ' I • CE ?• -, E , Name Board Name. , j?) . CITY CLERK DEPAR` MENT' ' 4 e J 1'7 VI} IV.yL?•ll ++? 1 • .+r. w.n?+ Nr. .. vl .V-• .. r.. ..u.. , ... ^..w .rv.. ?? ?• CITY OF CLEARWATER - APPLICATION FOR ADVISORY 130ARDS (must be Clearwater resident) Name:_. -_-} Homo Address: Office Address. fiz -- Zip = C?l•tf ???t? l)rz:,? ?.?I: Telephone: Telephone: How long a resident of Clearwater? G c -et. f 51(2L?lo i +Yzr••? Ocoupation: Field of Education: Other Work Experience: If retlred,Jormer occupation: Community Activities: 'c' !7r?2. - ?? ?4v =rr?2 Uu flL' f^K?16y&. f'7 -70 r,'? r{ n ? •?t rr?c_ C. 7 - ?r llr: F?? :.t. • I t'r.uk c1 ??•- .%????' .,.?_.. Other Interests: Board Service (current and past): 1 ! r)• c+r ,-i Il'1'Gt'7-l?+?v r `??.aV ?-?, ? L ?i d:. ?S? c?r.Ec.... ?j; t . -? ct;.? ii l ? L G GC?r~!} G Board Preference: (,..-. ?.r L' i`YZI'?IILi C,t.-;,?? ?Ill~l t.il •;.}(.'ljtr / ?j'{j ' = 1 t'L(=? '? ,f ' `?`1Gf}V•1i.1?,=.v . (.. 4 •v ?.c r,'..C .'rl??- I'•}!t:lL.?•.Y_. ?' . Additional Comments. b1.?t3ti?t•> 4") !?U CL Signed) Date: r • See attached list for boards that require Financial Disclosure at time of appointment Please return this appilentlon & board questionnaire for each board listed to: City Clerk's Department, P. O. Box 4748, Clearwater, FL 33756-4748 or drop off at City Hall, 2nd Floor, 112 S. Osceola Avenue d" i l 'IElit, © Jdd 113MOIS NV11V G?©?b6?LE?8 try ?9? t00?/0E/?F3 3-14-•01 ; 10:52,4M CITY CLERK DEPT. allan stowali ,727 $82.4068 HOARD QUESTIONNAIRE; 1. What is your, understanding of the board's duties and responalbllfties? W'II ??1 yr ?} r.' ?'-?Lt?t •`i]c_ t'. 1' i ?•a•?`Jl.' tf {1 /rt 1iL'"! r r ?`.•?? C: 'i??:.. ?•.:. 7a:L^5l_Ji. !. Z- rt`e' 2. Have you ever observed,a hoard meeting either in person or on C-Vlew, the City's TV station? 3. What background and/or qualifications do you have that you feel would qualify you to serve on this Board? ? •? .>r f lllL f &.4 p J ?._ ??+ t G?. L• rl. T??wiL G' velrl[f c. iw; 'It, ?y.?..?.?.^r..i?l i a I •.i1.U ICY i.tr`?•i::. ? ?° ?+? [ ?r`.?t [ .S' ? • ??7L-:' t;'? ? 'L• C.?. L..t3??: ?r>f S-tLL:?.1?b?. ??-.?i=i ?',?'`? Lc A.•.??,,,,?-7 '? r fSLc/?:7.?1 r?r? Thf = ?.u :.?2 ?Y? 1?cu?ui~. l.CYI(LC,11) f G'' 4C: /1.(r- 1A 't>? i7_SI?Cr_; r??= ?3?y 'i7??- _ ?l?`UiY??hl?Lt.?? r 1 .1 4.. Why do you want to serve on this Board? CI f.?ll?J?L(''?r}l? fr- 1 L _.r rN L. -; • `Li.? t L ,.- ??" '? {? i..' ?C?..l -.i??Y •'.1 L•"J4L?1?....? [- (._ `? i :- •i: ? !: ?. r? 7"1 {..•i ?-. i (1 ?e X41 tr{6(.(.t: %tJ l ? , i '; ` _ f ? r ? f ?1=J _ f (, f. t? /`?"_ ?(= ft .`?/?.:? j r ?.??? _?_ 1,?1?`???L`•j-t?T" l?L j.Vi I` clk,u J(t_C14'Intl Name; At Board Name: I i,:.:, rr,•,???,:',1?>?i. f?'i.?? iii( V V 4 SO . ?E)dd 1 13MOIS NVMV 007066LETB - 09:01 TOOMEl6e 3-28-01; 9:37AM;C1TY CLERK OEPr. ir[r aat ,Una n '.r CITY OF CLS ARWATER - APPLICATION FOR ADVISORY BOARDS (must be Clearwater rosident) Name: a-D Hor+ Address: Office Address: Telephone. 1 6716 c Telephone:_?., g v1-4 t S Ir / How ldn® a resident of Clearwate'? Ocoupatiow Zs t, 2 z I.v V!,s-r_ _ Field of Education: tq u uLSr?ESS Employer, s Z-2 L r Other Work Experienoe: ?a ??2 5 TLBt? 8?7,, 1,?sv?!/?vtf if retired, former occupation: --• ?_?? _ _ Cornmunlty Activitles: s2aA vfQ s o v -1 g V t j?luv- Frs C44 - eV J.e Idl?1.u,Vm4? other Imerests:, N Aft Ao%," Board Service (curmryt and past): Board Preference: S v c ul C v AA .? t ?L L 14 $ Additional Comments: sea attachod list for boards that rewire Financial Disclosure at time of appointment. Alar.ac retum this application & board questionnaire for each board listed to: ¢,_;, . • ... ., . . City Clerk's Department, P. O. Box 4748, Clearwater, FL 33781-4748 or drop off at City Mall, 2r?d M•<< Floor, 112 S. Osceola Avenue ,' CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS (must be Clearwater resident) Name: . c c r. r Home Address: 1'83 ? I?e?p? ra n_?o,ht ?r C le a rc.ua f e- r- t --I- Zip 3?`7S Telephone: 72-7- -1/ y 2 -,-)S-9 Zy How long a resident of Clearwater? S . c Occupatio n:?rti jy=s5? &A 'a ( Lc g"q f-h e c r Field of Education:: 1 ?Y)4?lyi?P+r???'+Q ?Ct v? l S ?. IV V irk ?? em?,.da?? ?cif << t4,e a ( 4- A S4anryisto?J )J1ana grYhcj%? Office Address: r ' .4/175 C ?eaq, .aj per, t=om _ Zip l3 7 T Telephone:__'72 7-- 5-3 ,?? -1 z_7 Z o 5: Employer: "f'r n c lfas c?k h t. H Other Work Experience: ?G?CL Q r1? 'a In), tyJ64su" ;-Ij V&evcryaQ!,d Shya%Tahk Cleo hra, If retired, former occupation: Community Activities: P o a rcI VF6&4c 7 woJZ C1 C13 eh?rrn U *,7,. , ik4 .r uki .c e Cor p h;t / Ad(fitalY ?a ,rn•/' Pe a$!owyTir(/.r AdyiiU,/?j Baarcf' 7sc4 Other Interests: Board Service (current and [past): f? I AC o h ?lpwn•?/Glys H?T'y1?lrS !a Board Preference: .fin ?i?oir v!?t'hfe l till Ivy Bda rq? Additional Comments: Sigl'yqd Date: c.., See attached list for boards that require Financial Disclosure at time of appointment. Please return this application & board questionnaire for each board listed to: City Clerk's Department, P. O. Box 4748, Clearwater, FL 33758-4748 or drop off at City Hall, 2nd Floor, 112 S. Osceola Avenue BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? a 1160- O La Y»`1 2 -? --0 aaU Y~ttr In t'tl e.N 4,_ _ QI-ef- rcc,aYrf ?' ?h y ?'+-?3 ?? ?a?P?? a Co h re frjds as 4-, e.!, Y'C h ?-c r--- }acs ii c ?. ?'s u Z o f ?'f 6 re c rt a -E sS ?, ?? ?l a 1,------- - 2. Have you ever observed a board meeting either in person or on C-View,. the City's TV station? 3. What background and/or qualifications do you have that you feel would qualify you to serve on this Board? 3 ?fi ? ec+f ? rl / q?? r ? v1 F ?f 1 ? u H ?c? ?? 'f'f't ?J ?+C? h°r+? -1itjgei/fd.?lnr?1 ? LU. @It`j ciy,J li'ec7mr, Env r?I"NI/drzt tit ?t D rp E 6a 5 F? Q CPJf! y ? _ - r'r Jcr1, W !-; 't h S _ 'S W i v v? n ?,Po 10 14 ?c c r e a f.:? r? ?? l (Ua4rys. 01, d crq o ti n d _5-torn -hi n ks dc e A/ ?: Se,?zl e j, ? ra wh i e ? cis c1 ? s ?., ? ? re-i o -e 4r Pee 144 0 ?0j l y 4. Why do you want to serve on this Board? j 1-n ? g 4 -.,'o r., ±o ei a h d 4Ae Ye c"-e.71rdtia co-t b-j 1b4, their C rer,-APal owfo 1'Pa lid e e? r L5 G l ?? ?'? C lr C 1 n r gee L{) u rk he Ifs iss e, cs S rho 4 4 le 2?? I? it 0 L/ W - l U 4 !e- Name:`], ?? t c.I ' ? I z ?? c r r Board Name: j n , V) ro hrn«l .?I Clearwater City Commission Worksession Item R > Agenda Cover Memorandum Final Agenda Item # Meeting Date: 9lb?ol SUBJECT/RECOMMENDATION- Provide direction regarding the 5t. Petersburg Times proposed rates for legal advertising. and that the appropriate officials be authorized to execute same. SUMMARY: The St. Petersburg Times has approached the City to regain our advertising business. They have proposed to cut rates as follows: Run of Paper (Display ad) Classified (Liner ad) Current Rates Daily Sunday $16.61/in $21.78/in $1.64/line $1.93/line The Tampa Tribune currently charges the City $.50/line for classified (liner) ads and $5.10 for run of paper (display) ads; however we are limited to advertising only in their Saturday Pinellas edition.. With the Times, we would be able.to advertise any day of the week and their circulation rate is 10 times greater than the Tribune. The Times also will provide a link to our legal advertising website. The majority of our legal advertising is done in the Tribune; however, we do use the Times for election, budget hearing and special public and informational meeting notices. We paid $1,091.00 to place our election ad in the Times last March. For the same ad, at the proposed rate, we would have paid $514.50. We are required to do display ads for our annexations, zonings, land use plans, etc. In the Tribune, these size ads cost $109.10; the same size ads in the Times, at the proposed rate, will cost $164.75. Reviewed by: Legal NA Budget NA Purchasing NA Risk Mgmt NIA Submitted by: U City Manager pAntod nn P-orvrlprt n.intw Originating Dept: Info Srvc NA ? City Clerk Public Works User Dept. DCMIACM T ? City Clerk A Other Attachments Proposal Submission List Contract 11 A. L- 0 None Proposed Rates Daily Sunday $7.75/in $10.25/in $1.00/line $1.25/11ne Cods Total Funding Source: Current FY Cl OP Other Appropriation Code: Rev. 2/90 Q4 1. Pete r5burg CLEARIVNITR 'I'M INS ' Nc?itt'Krijtt I'l?E:t.i,ti'1'lmr5 With a guarantee of'exciusivity 1br the City of Clearwater's Legal Advertising, Tithes Publishing Co. -will offer the fallowing special rate: DAILY SUNDAY RUN,DF PAPER: $7.75/inch $10.25/inch CLASSIFIED: • $1.00/lint: $ 1.25/line The Times Publishing Co. reservcs.the right to revise rates, discounts and conditions upon 30 days written notice. In case ofa rate revision, a letter will be sent to the contract advertiser, and it will ,then become a part of this agreement. If the advertiser fails to fulfill the terms orthe agreement, the amount of advertising space actually used will be charged at whatever rate is earned according to the current legal rate card. This agreement shall automatically be renewed for successive 12-month periods until . either party terminates by providing notice to each other, For Times Publishing Co For the City of Clearwater fly; !3y --- - - -- SICiNr1°I'UEt1: SIGNA'!'U111? I'IZIN'I' NAi!!!i ('E2IK NANO: . - - ME rl•I'I'I~L DNIT DATE 710 Court Street Cfearwat6r, Ronda 33756.5588 I (727) 445-4104 Fax; (727) 445-4202 Who Are.You Reaching, with the Tampa Tribune ? Daily Circ Sunday Circ Tampa Tribune Pinellas County: 15,402 City of Clearwater: 31954 St Petersburg Times Pinellas County: 2201043 City of Clearwater: 43,443 i S Circulation based on Dec. 1909, ABC Audit Report 18,240 4,890 291,085 54,5'19 • Your message in the St. Petersburg Times will be received by over 64% of the adults in the City of Clearwater. With the Tribune you reach only 6%. • The St Petersburg Times reaches 67%' of all registered voters in Clearwater. The Pinellas Tribune reaches 8%: Eliminate complaints from City residents about not seeing legal notices 43 is F0'14 P a a I .,5o • 3626 Shady Bluff Drive, Largo, FL COPIE ro:' I1 33770 COMMIa510N Commissioner W. C..Jonson, City of Clearwater, July 15, 2001 A U G 2001 P.O. Box 4748, Clearwater. FL r` FSs 33758 CLERK / ATTORNEY Dear Commissioner Janson, Proposed designation: Courtney-Campbell Scenic Hi hwa t am very concemed about possible long-term effects of the"pressure to designate the Courtney-Campbell Causeway into being a "Scenic Highway". The idea is excellent, but I don't know which organizations are pushing it. The risk is that It might prevent future development as an artery for non-automobile commerce. This Causeway is of great importance for Clearwater, since it is the moat direct route for all .commercial and residential contacts to the Tampa International Aitport, the eastern parts of the Tampa Bay metropolitan areas, and the'rest'of the State of Florida beyond. I fear that the proposed designation may put restrictions an such uses 'in the .future, to the disadvantage of commerce on-our side of the bay and placing Clearwater in a second-class position for commercial and residential convenience, it could convert the Causeway into a tourist destination rather than bringing them straight across into the City and the Beaches. The City of Clearwater has advanced the proposal of installing a form of mondraii to connect the Beach to the City. The next logical steps would be to extend it eastward along one of the main city arteries as far as the Bay, then across'the Causeway to TIA and the proposed station of a new high-speed rail line to Orlando arid beyond. This could afford a direct connection to TIA in less than 30 minutes, and greatly improve commerce on this side of the bay. It could be important in' the event of the 2012 Olympics coming to The Bay. 1 have reflected these thoughts in my response to the attached survey form that I have returned to the Corridor Advisory Group, and I will copy this letter to the Clearwater Regional Chamber of Commerce. Now I ask for assurance that any designation of the Causeway as a scenic highway shall not be to the disadvantage of Clearwater and Pinellas County, and shall not prevent extension of Clearwatets monorail along it at some time in the future. Sincerely. e Wilfred Sergaant Copy: Clearwater Regional Chamber of Commerce. 1130 Cleveland Street, Clearwater, FL i Impression Survey Form Thank you for taking the time to participate in our survey. Please complete impression survey, fold, seal and stamp to return by mail, You can deliver by hand to the Clearwater Welcome Center on SR 60/Courtney Campbell Causeway, or the Cleamater Regional Chamber of Commerce, 1130 Cleveland 5t., Clearwater, FL Returri via e-mail to: kcole Rdearvwaterflorida.oro Return via U.S. Mail to, T Corridor Advisory Group c/o Clearwater Welcome Center 3350 Gulf-lo-Say Blvd. Clearwater, FL 33759 Courtney Campbett Scenic Highway If the City of Clearwater ever hopes to get a dlract transit connection bin Clearwater Beach and TIA, then the proposed tmnslt connecilon from the Beach to the City must bo,extended along Guff-to-Say and die CouMay-Compbeff Causeway. DonV allow any doslgnadon of the Causeway as a scenic highway to prevent extending premium transit along kiln the future. An elevated tmnslt line from TIA along both the Coureney-Campbell Oausoway and the Memorial Causeway to the Beach with stops in Downtown Clearwater would be the most direct and spectacular tourist attraction that could be imagined. Corridor Impreaaion Survey Form Name: Wltfred Sergean; 3626 Shady Sluff Drive, Largo, FL, 33770 Hometown: Largo, FL Direction of Travel (East or, West): Both d1mcdcan, aftn., How did you experience the corridor: X motorist rollcrblade bike walk/run Boot (which ramp? ) beach (Ben Davis or W. Causeway) clean-up participant other ' FR-0m P. 003 What was the most impressionable thing you,noticed about the corridor? It is the most dinwt route between Clearwater and Tarnpe International Airport and all points saet What feeling did-you get traveling the corridor? It Is far more fmpon#ant for commence and residents, than !ta value for tourism. Was this segment of roadway a positive experience for you? Yes i What did you not like about the corridor? Nothing, it meets needs perfectly, h is not supposed to be an expnmsW-ay. What was your favorite part of the corridor? Getting to my various destinations in the shortest distance and quickly. i What would you like.to sec along the corridor? 5 High quality premium transit service directly between Clearwater Beach, Clearwater, TIA and Tampa high speed rail station. Always keep this option open. Quality Evaluation (Entire Corridor) (please indicate high, medium or low) High - Exceptional quality in area; Medium - avg. significance; Low - does not display attribute Accessibility Tranquility t Memreble Scenic Clean lrollfmd Sergeant, 3626 Shady Bluff' Drive, Largo, FL, 33770 11 PRELIMINARY AGENDA Clearwater City Commission Worksession - 9:00 A.M. - Tuesday, September 4, 2001 Team Award - July/August 2001 Convene as Pension Trustees: 1. Call to Order 2. Approval of Minutes: 8/13/01 3. Request for acceptance into membership: Andrea Davis, Matthew McLane, Richard Ross, Colleen Lau, Miguel Barroso, Kelly Goolsby, Scott Durivou, Christopher Ziermann, Brian Rogers, Roger Culler, Teresa Scrima, Craig Tower, Leighton Wright, & Maureen Owens 4. Regular Pension(s) to be granted: Alfred Harris, Jr. 5. Pension(s) to be vested: Walter Davis & William Emmott 6. Other Business 7. Adjourn Reconvene Worksession COMMISSION DISCUSSION ITEM 1. Rules of Procedure (approximately 1 hour) PUR PURCHASING 1. Sper Chemical, 2nd & Final renewal, polyphosphate, extending term to 6/30103, increasing award by $290,000 for est. total $550,000 (PW). 2. M.T. Deason Company, gas material - polyethylene pipe & fittings, for remainder of contract, ending 2/28/02, increase of $125,000 for est. total $335,000 (GAS) 3. Akerman Senterfitt & Edison, legal services related to environmental considerations re Sports Complex, increases City Manager award from $22,500 to $35,000 (PR) 4. General Chemical, aluminum sulfate, low iron, 10/1/01-9130/04, est. $350,000 (PU) 5. Harcross Chemical, chlorine in 1-ton cylinders, 10/1101-9/30/04, est. $300,000 (PU) 6. Allied Universal Corp., sulfur dioxide in 1-ton cylinders, 10/l/01-9130104, est. $300,000 (PU) 7. Postmaster, postage for citywide USPS mail, 10/1/01-9/30/02, est, $125,000 (IT) 8. Postmaster, postage for utility billing, 10/l/01-9/30/02, est. $ 207,000 (M 9. Xerox Corporation, convenience copiers, .10/1 /01-9/30/02, est, $60,000 (IT) 10. Gaithersburg Equipment Co., one 2001 New Holland TS 110 tractor, replacement, $30,5.13.13; financing to be provided under City's Master Lease-Purchase Agreement (GS) 11. Cues, one 2002 High Cube TV sewer Inspection van, $125,950; financing to be provided under City's Master Lease-Purchase Agreement (GS) 12.. Florida Green Resources, 2nd & Final renewal, cypress wood chips, 9/7101-9/30102, est. $50,000 (PR) 13. Mo-trim, one-2001 Mo-trim LTM-28 boom mower with attachments, replacement, $23,596; financing to be provided under City's Master Lease-Purchase Agreement (GS) 14. Camp Dresser & McKee Inc., additional utility work re Mandalay, Papaya, & San Marco Streets, $71,900 (PW) . 9/4/01 1 !1 BU BUDGET 1. Public Hearing.- Fiscal 2001-2002 Annual Budget a) First Reading Ord. #6841-01 - declaring Millage Rate to be levied for Fiscal Year beginning 1011101 and ending 9/30102 at 5.5032 mills (levy of 5.5032 mills constitutes a 7.58% increase over the rolled back rate of 5.1 156 mills) b) First Reading Ord. #6842-01 - adopting Operating Budget for Fiscal Year beginning 1011101 and ending 9130/02 c) First Reading Ord. #6843-01 - adopting Capital Improvement Program Budget for Fiscal Year beginning 1011 /01 and ending 9130102 DS DEVELOPMENT SERVICES 1. . First Reading Ord. #6840-01 - relating to water shortages; adopting an enforcement procedure for violators of water shortage restrictions & providing an appeal process ED ECONOMIC DEVELOPMENT 1. Grant Agreement & Work 'Plan with State of Florida, Office of Tourism, Trade, & Economic Development, funding assessment & remediation of Brownfields sites or areas, $111,000; approve reimbursement of est. $85,873 to Harbor Bluffs L.L.C. for Phase II Environmental Assessment, Lift Removals &,Soil Remediation Activities from this grant (Consent) FD ? FIRE 1. 'Accept Pinellas County Deed conveying a 3,188 sq.ft. portion, m.o.l., of Sand Key Park in Sec. 17-29.15; approve a Declaration of Unity of Title of said parcel with a 15,000 sq.ft. portion of Gulf Blvd. r-o-w on Sand Key formerly utilized as the old Clearwater Pass Bridge toll booth (declaration assures the 2 parcels will be considered a single parcel for development of new fire station) (Consent) 2. Presentation - Sand Key Fire Station PD POLICE 1. Presentation - Beach Substation 2. Revision to Agreement with Clearwater Housing Authority to allow City to be prepaid for expenses rather than to be paid on a reimbursement basis (Consent) 3. Interlocal Agreement with Pinellas County for Enforcer Geographic Information System, permitting sharing of geographic information across law enforcement jurisdictional boundaries within Pinellas County (Consent) 4. Increase FY 2000/2001 agreement with Pinellas County Sheriff's Office by $80,330.10 to a new total of $465,243.96, and approve the agreement for FY 2001/2002 ending 9130102 at a cost of $468,985.48.for latent fingerprint and crime scene services including evidence and property storage. (Consent) FN FINANCE 1. Authorization to settle entire workers' compensation claim (medical, indemnity, & attorney fee) of claimant Robert VanBeveren, for $100,000 (Consent) 2. First Reading Ord. #6857-01 - Relating to Purchasing; amending Secs 2.561, 2.562 & 2.564 adjusting dollar thresholds for City's purchasing procedures 914101 2 3. Approve 3 Releases & Waivers submitted by Merwin U. Stewart, Liquidator of Southern American Insurance Company (SAIC) for purpose of compromising & settling all claims of City against SA1C in liquidation and having same assigned a priority classification of Class 3 for future payment (Consent) 4. Approve purchase of property, casualty, liability, workers' compensation, emergency medical services. fuel tank and flood insurance coverage for FY200112002, not to exceed $1,225,858 (Consent) SBS STRATEGIC BUSINESS SERVICES 1. First Renewal Option of 2 authorized to contract for installation of gas mains, service lines & exterior underground house piping with Mastec North America, Inc., $955,185 (Consent) GS GENERAL SUPPORT SERVICES 1.. Ratify & Confirm City Manager's decision to award emergency Purchase Order to Wingfoot Brad Ragan, Inc., auto & truck tire service, 819/01-813/02, $85,000 (Consent) LIB LIBRARY 1. Interlocal Agreement with Pinellas County governmental units to continue cooperative library services through 9110113 (Consent) 2. Discussion - plan for Library Foundation involvement in new Main Library Project MR MARINE 1. Lease Agreement for marina building rooms 5 & 9 to George & Dara Greene d/b/a Marina Gifts and Souvenirs, 10/1 101-9130106, for $145,044 plus yearly Consumer Price Index increases (Consent) PR PARKS AND RECREATION 1. Ratify & Confirm City Manager's approval of City co-sponsorship & waiver of city fees for both Fiscal Years 2000-2001 & 2001-2002 Taste of Clearwater special event held at Harborview Center (Consent) PW PUBLIC WORKS 1. Contract for Sale of Real Property. with James W. Hudson, Jr., 1208 N. Garden Ave., Enghurst Sub., Lot 11, for $47,551.50 less est. closing expenses of $850 for net sale of approx. $46,701.50 (Consent) 2. Change Order #2 to Annual Storm Pipe Replacement Contract with Keystone Excavators, Inc., 'increasing amount by $64,179.50 for new total of $381,257.58; approving time extension of 45 days to complete additional work (Consent) 3. Contract to Nichter Contracting Corp., Stevenson's Creek Water Main Crossing, $98,998.90 (Consent) 4. Contract to Steve's E=xcavating & Paving, Inc., Lift Stations 24 & 40 Improvements, $650,000 (Consent) 5. First Reading Ord. #6798-01 - implementing grease control program for wastewater collection system 9/4/01 3 6. Amand CIF' to restructure current Water and Sewer Utility funding by reducing project budgets by $11,941,563.65 of sewer revenue, $5,902,194.10 of water revenue, $360,000 of reclaimed water revenue, $2,333,000 of water renewal and replacement (R&R) revenue and $2,075,844,92 of sewer renewal and replacement revenue for a total decrease of $22,612,602.67, and increasing project budgets by $231,000 of water impact fees and '$8,498,623.22'of planned FY02 revenue bond proceeds, for a total increase of $8,729,623.22, resulting in a net budget decrease of $13,882.979.45. (Consent) 7. Public Hearing & First Reading Ord #6834-01 Vacating portions of street rights-of-way.of Ewing Avenue, Park Street, & Prospect Avenue subject to developer of Mediterranean Village on the Pond obtaining approval of a development agreement for project from the Commission within 6 months of effective date of ordinance (City of Clearwater, V2001-16) To be continued to 9120101 PLD PLANNING 1. Public Hearing & First Reading Ord. #6835-01 - Amendments to Community Development Code (re notice requirements for continuarices; factors related to' NCOD; transfer of Development Rights) 2. Amendment to boundary of Island Estates NCOD to have all residentially zoned properties included in the district 3. Presentation - Cell Towers - summary of telecommunications tower regulations CM ADMINISTRATION CLK CITY CLERK 1. Metropolitan Planning Organization - 1 appointment 2. Clearwater Housing Authority - 2 appointments 3. Airport Authority - 1 appointment 4. Environmental Advisory Board - 1 appointment 5. Beautification Committee - 1 appointment 6. 2002 State Legislative Package 7. Discussion - St. Pete Times advertising offer CA LEGAL DEPARTMENT Second Reading Ordinances 1. ' Ord. #6825-01 - amending Art. 2 of Community Development Code to create Div. 16, Neighborhood Conservation Overlay Districts; creating Sec. 2-1602, Coachman Ridge NCOD which establishes additional development standards to be applied only in the Coachman Ridge NCOD 2. Ord. #6824-01 - rezoning & applying the Coachman Ridge NCOD in addition to existing LDR & LMOR zoning for property located within boundaries of Tract A-I, A-11 & A-III, Coachman Ridge Sub 3. Ord, #6826.01 - correcting technical errors in Employees Pension Plan 4. Ord. #6829-01- Land Use Plan Amendment to Recreation/Open Space, 2780 Drew Street, Sec. 8-29-16, M&B 34.04 (City of Clearwater) 5. 'Ord. #6830.01 - OS/R. Zoning, 2780 Drew Street, Sec. 8-29-16, M&B 34.04 (City of Clearwater) 6. Ord, #6831.01 - MHDR Zoning, 2855 Gulf to Bay Blvd., Bayside Nursing Pavition,'tract of land, 2.71 acres m.o.l., lying within Sec. 17-29-16 (Morton Plan Mease Life Services, Inc.) 914101 4 7. Ord. #6832-01 - Relating to Clearwater Marina Buildings;, creating Sec. 33.006 to authorize the CitV Manager to approve leases subject to certain conditions; repealing Ord. #6796-01 8. Ord. #6833-01 - Vacating 3 portions of right-of-way of First Avenue West, located south of McLennan Street & north of Woodlawn Street; retain drainage & utility easement over vacated r- o-w (City of Clearwater, V2001-15) 9. Ord. #6854-01 - amending Ord, #6675-01 to increase maximum principal amount of bonds to be issued re financing spring training facility from 414 million to 415.5 million Other City Attorney Items 1. Authorize payment of attorney fees of $41,827,50 (City vs. l(ahimeyer; eminent domain case for City's downtown lake) (Consent) City Manager Verbal Reports Commission Discussion Items 1. FLC Conference 11115-16/01 conflict with 11115 commission meeting 2. Letter received by Commissioner Jonson re Scenic Highways 3.' Attendance at League of Cities'. Institute for Elected Municipal Officials Basic Course - Commissioner Jonson 4. Florida League of Cities' Intergovernmental Relations Policy' Committee - Commissioner Jonson a. Sister Cities Program Draft Proposal Presentation(s) for Thursday. Night - 1. 'Award to Citizens for a Better Clearwater from Beautification Committee 2. National Award re calendar of events to library/graphics 3: 'Presentation -- Pinellas County Commissioner Karen Seel - regarding ITS 4.' Communications Audit 5. Certificate of. Appreciation from Clearwater Coalition of Homeowners to Parks and Recreation 6. Senator Jim Sebesta - 2002 Legislative Session Other Commission Action Adjourn 9/4/01 5 S - W OrIn" arwater Interoffice Correspondence Sheet 0' To: Mayor and Commissloners From: Cyndle Goudeau, City Clerk U CC: Bill Horne; City Manager; Garry Brumback, Asst. City Manager; Ralph Stone, Asst, City Manager; Pam Akin, City Attorney Date; August 31, 2001 RE: Revisions to Agenda Packet for September 4, 2001 The following changesladditlons are provided: Revised Preliminary Agenda for September 4,2001-9:00 A.M. • Minutes of Pension Trustee Meeting of August 13, 2001 for approval Presentation- Public Communications and Marketing -'Communications Audit for Commission Meeting, September 6. Add information to Commission Discussion item 1 (CDI1 - Rules of Procedure; additional information from Tampa) • Add Ordinance 6842-01 to Budget Item 1 • Revision for Development Services ltem 1 (DS1 - Pass Ord 6840-01 on first' reading) • Revision for Economic Development Item (ED1 - Grant Agreement and Work Plan with State of Florida, Office of Tourism, Trade, & Economic Development) - revision to "costs" In footer area • Add Fire Department Item 2 (FD2 -- Presentation - Sand Key Fire Station) • 'Add Police Department Item 1 (PD1 - Presentation for Beach Substation) • Revision for Police Item 4 (PD4 - Contract with Pinellas County Sheriff's Office for latent fingerprint and crime scene services) - revision marked In recommendation • Human Resources Item 1 has been pulled from this agenda, • Revision for Library Item 2 (L1B2 - Discuss and affirm plan for Library Foundation Involvement in the new Main Library project) - revision to summary. - E ..? ?. 1 1 S is I . I I I '' . - .,. -, . I k PMT.. i 'J Acm=. '1" n 'tf"C: _Ci ?•G ?.? } .:•.... _ _ _ _N_ ____ ?r?r?tiw- .f.:.. I , In- A'fr?'r? Q`1i'nryLS?:esi:ss 1t?..1 _??r 3r City'of Clearwater lire & ,fescue Sand Key ,Station 51 ArchfitecturaVEngineering Design 0 anteGroup inc. Clearwater Florida TBE, Group, Inc. Clearwater, Florida ' l City of Clearwater Fire & Rescue Sand Key Station 51 SITE SELECTION and ' PROPERTY ACQUISITON • Farmer City Toll Plaza Site • Existing Site ?OWO0' 9 1 R, • GO' Site Depth Minimum Required for Apparatus Drive Through c 3 2 f " f 60' Site Depth Minimum Required for Apparatus Drive Through 2 o! • CitylCounty Cooperative Effort Increased Site to 60' Deep k U City of Clearwater Fire & Rescue Sand Key Station 51 3 ARCHITECTURAL, DESIGN ! ENGINEERINGTEAM WantaGroup Inc. Architects ! Planners 1 Project Managers Clearwater, Florida TBE GROUP, INC. Engineers 1 Planners 1 Subsurface Utility Engineers 1 Surveyors and Mappers Clearwater, Florida I i I V i ? ? .. ;. N r ?? ? ` y?f r- - _ FACILITY PROGRAM • B-8 Member Fire/Rescue Facility • Two Drive Through Apparatus Bays (Rescue Unit & Engine) • ADA Accessible and Gender Non-discriminatory Compliant PROJECT ?.. Tp, NORTH 36, 58' Apparatus flrya War ? O?n m 41 FIRST FLOOR PLAN 1 PROJECT Vag ou v." NORTH S DORM RMS 6.6 BEDS WC TOLET kite an 49, I DI )IR i Ff"'i J. 4. SHOWFR EXERCfS6 b Ft CLASSROOM Ay m SECOND FLOOR FLAN i 14iI1? ' ll?;?l 117'1'. •+ ao' ?. .r U EAST ELEVATION •OULF 11OULEVARD ' x• q w+rtt " ?+r. • 1x• f Y. 6^ NORM ELEVATION 4 ' i 8 i WEST ELEVATION • FACING SAND KEY PARK 12' _ e` SOUTH ELEVATION City.of Clearwater (Fire & Rescue Sand Key Station S1, 9 r• r ? ,.,?? ?? f '? ? .. ` ' t 1 ? `. ' ' r` t ? • .. { ? ? ' ? f. f ? . i 7 M rrn?nrj+est?ma ?,. . 'Sir i !J(P w wQi GF"1y:71,1} t •.uf, l' 'r,t .? S ? ' gtablished uy.'t ie`arc ittect' `` •' I' '' indicate that'the project can rrr - be comieted within the 'i "approved budget 3 e ; , ?. .( .t ??? ? ? ? ' . r? ,, ;? ?p ? ? k r'-4` 1 _,??. tits '<<. ? rt: 1 i ?1 J ,• s 5 G Re- ?D 1 AGREEMENT BY AND BETWEEN THE CLEARWATER HOUSING AUTHORITY AND THE CITY OF CLEARWATER PHDEP GRANT #F L 1=4DEP0750100 This Agreement made and entered into this day of , 2001, by and between the Clearwater Housing Authority (hereinafter referred to as "the Authority"), and the City of Clearwater (hereinafter referred to as "the City") is for the provision of specific police services associated with the Authority's security programs, Whereas, the Authority desires to contract with the City for additional police services to create a drug and crime free environment and to provide for the safety and protection of the residents in Lewis Homer Villas and Jasmine Courts, and Whereas, the City, by and through its police department, desires to assist in the effort by providing effective police services at the above named complexes; Now, therefore, inconsideration of the agreements contained herein, the parties do agree as follows: ARTICLE I. SCOPE OF SERVICES The City agrees that the services rendered by the assigned personnel under this Agreement are in addition to baseline police services. The duties and extent of services of the assigned personnel shall include, but shall not be limited to: A. The City, by and through its police department, will provide a minimum of one police officer at Homer Villas and Jasmine Courts to perform specialized patrols to enforce all state and local laws and the Housing Authority rules specified in this Agreement. Sworn officers shall at all times remain pan of, subject to, and in direct relationship with the police department's chain of command and under police .department rules, regulations, and standard operating procedures. B. - The City agrees to assign police officers to targeted areas (directed patrol) during specific periods of time identified by the Authority and agreed upon by'the City as high crime: or high workload periods to maintain a police patrol presence. It is understood by all parties that the officers assigned under this Agreement have general law enforcement authority within the City, and the City reserves the right to dispatch or otherwise assign these officers for service or other short-term details outside the target areas in circumstances that require immediate police action, or to temporarily adjust schedules as nedded for special events, catastrophic events, etc. C.. ' The City agrees that the,police department will employ a community policing concept that will assist in developing or enhancing crime prevention programs in the public housing communities, D. The City agrees to collect and provide officer workload data in each public housing development (Homer Villas and Jasmine Courts), as specified statistics under ' Article HLB. Reporting. E. It is further agreed that to the extent necessary, the assigned personnel 'will appear as witnesses in the Authority's administrative grievance procedure, civil dispossessory hearings or other civil or court proceedings where the issue includes criminal or quasi-criminal conduct in or near public housing developments involving any resident; member of a resident's household, or any guests or guests of a resident or household member. F. Without limiting any of the foregoing, the City agrees that with respect to the services to be performed .by any police personnel in accordance with this Agreement, the appropriate police department Patrol Commander or Supervisor will meet with resident leadership and management representatives of the Authority. on a routine basis for the purposes of reviewing the enforcement and prevention . efforts and planning for future changes or modifications anticipated by this Agreement. These meetings shall occur at least quarterly, G. The City agrees that a policy manual'exists to regulate police officers' conduct and activities; all police oflicers'have been provided a copy of the policy manual; the department has a signed receipt from each officer that he/she has received and understands the contents of the manual; and personnel have been trained on the regulations and orders within the manual. H:' The City agrees that it will provide the assigned personnel with such basic equipment as may be necessary and reasonable in order to allow the police officers to carry out the duties anticipated under this Agreement. 1. The City agrees in addition to enhanced basic police coverage, community policing services will include the.development and coordination of community partnerships. working in concert to provide the following services: 1. Neighborhood Crime Watch Program ' ?. Bicycle Registration Program 3. , Vehicle Registration Program 4. Resident Association Consultation 5. Field Trip Program 'b. Green Team Program 2 , 7. Problem Tenant Meetings 8. Report Card Program 9. Homework Program J. The police department shall designate a supervisory officer as the'Administrative Liaison Officer, who will work in concert with the Executive Director of the Authority or that official's designate. The Administrative Liaison Officer will perform the following duties: 1. Coordinate the dissemination and processing of police and security reports, provide supervisory assistance, and coordinate in resolving problems or in carrying out the provisions of this Agreement; 2. Establish and maintain an ongoing line of communications with other police personnel; 3. Prepare monthly progress reports and evaluations of services requested and provided under this Agreement for review by the Executive Director, by the Police ,Chief, by the appropriate Deputy Chiefs, Commanders and identified community representatives, and by political leadership, e.g., mayor and city commissioners; 4. • Provide assistance or advice for the planning and implementation of other grant funded security programs within the Authority, K. The City will at all times provide supervision, control and direction of work activities and assignments of police personnel, including disciplinary actions. It is expressly understood that the police department shall be responsible for compensating its officers and providing all employee benefits, as well as providing worker's compensation coverage for any injury to its officers while they are performing their official duties. SECTION TWO:. SERVICES PROVIDED BY THE AUTHORITY A. The Authority will provide the following services: 1. Orientation and familiarization with the public housing communities for the assigned officers; and; 2. Orientation to the lease contract and lease compliance enforcement procedures and policies. B. The Authority will provide the following in-kind accommodations' services and equipment: 1, Accommodations - The Authority will provide suitable space to be, used as satellite offices at the site targeted for additional police services. 3 2. Services - The satellite officers will be supplied with utilities (water, heat; electricity, telephone) and routine and extraordinary maintenance by personnel of the Housing Authority. 3. , Equipment -- The satellite offices are to be supplied with any other additional equipment mutually agreed upon in connection with the performance of this agreement. 4. Modification/Damage - The Authority will make reasonable modifications, including minor structural, electrical and mechanical changes to the accommodations provided in order to meet the City's operational needs. Any damage to the unit or equipment provided by the Housing Authority for City employees, which the Authority determines to be above the normal wear for the item or accommodation, shall, be repaired or replaced by the City at the discretion of the Authority. ARTICLE-11. ENFORCEMENT OF RULES AND REGULATIONS A. The. City, through its police officers, is hereby empowered to enforce the following Authority rules and regulations: I. Unauthorized visitors in unoccupied structures of the Authority shall be removed. 2. Unauthorized visitors creating disturbance or otherwise interfering with the peaceful enjoyment of lessees on Authority property shall be removed. 3. - Unauthorized visitors destroying, defacing or removing Authority property shall be removed and/or criminal enforcement actions shall be taken. With regard to'the foregoing rules and regulations, the City's police'' officers are hereby authorized to give criminal trespass warnings to any persons found in . violation of said rules or regulations, i.e., to give notice to any violators that their entry on the property or, premises is forbidden and to arrest or cause the arrest and prosecution of any violators, when appropriate. B. The City; through its police officers, is hereby empowered to enforce the' following Authority rule or regulation: The tenant and any visitors to Authority property and premises shall refrain from, and shall cause their households to refrain from parking vehicles in ' any area other than parking areas designated by Authority management. With regard to the foregoing rule or regulation, the City's police officers are hereby authorized to have removed any and all vehicles found parked in violation of said rule or regulation, pursuant to established City procedure far impounding vehicles, 4' C. The City, through. its police officers, is hereby empowered to enforce such additional Authority rules and regulations and perform such other duties as shall-be specified iri any addenda attached hereto or incorporated herein now or in the future.' D. Nothing herein contained shall be'construed as permitting or authorizing police officers to use any method or to act in any manner in violation' of law or of their sworn obligation as police officers. ARTICLE III. COtiIMUNICATIONS, REPORTING AND EVALUATION A. Communications 1. Access to Information Consistent with public records laws, the City agrees that the Authority will have unrestricted access to all public information which in any way deals .,.with criminal, activity in any of the Authority's communities. It is fi,.rther ,agreed that the City' police department will provide to the Authority copies of such incident-reports, arrest reports or other public documents which document or substantiate actual or potential criminal activity in or connected with the public housing developments. This information will be provided at no cost by the City police department on a regular basis in accordance with specific procedures that have been or will be established. B. Reporting 1 Forms The police department will require all assigned personnel (police officers) to complete adaily log. The Authority will be provided a monthly report. This report will include, but not be limited to, data as follows: a. Hours worked b. CaWrequest for service c. Referrals to other. agencies (Battered Woman's Shelter, FIC, etc.) d. Suspicious persons e. Vehicles abandoned/towed/stolen f. Drug paraphernalia confiscated/found g. Arrests/citations of both residents and outsiders h. Property theft i. Counseling of residents and visitors (educational presentations, etc.) j.. Lriminaj msenjei k: Conflict resolution, e,g., resolved apparent or actual conflict. r. between two or more people 1,. Weapons violations/seized 2. Media Coordination The police department will relay to, the Executive Director or-their designee information related to any major crime or incident that occurs on Authority property, preferably before the media is informed, or as soon as'possible. C Evaluation The City and the Authority agree that a monthly evaluation shall be provided by the Police Department and will include: 1. Hours worked by police officers 2. Arrests (to include drug violations) 3. Vehicles towed 4. Positive contacts 5. Trespass incidents 6. ' . All Uniform Crime Reports (UCR) for Jasmine Courts and Homer Villas 7.' Calls for Service (CFS) 8. Firearms/Weapons. 9. 'Property theft 10. Community feedback It is further agreed that the City will provide comparable crime information for the City as a whole to facilitate the valuation to include what proportion of activities City-wide occur on Authority property. ARTICLE IV. TERM OF AGREEMENT The term of this Agreement shall be for the two-year period beginning May 9, 2001 and extending through May 8,2003. ARTICLE V. COMPENSATION TO THE CITY A. All compensation,to the City will be made on a cost'reimbursement basis, or the City will be prepaid for expenses as specified in this Agreement with the Housing Authority's approval. The Authority will reimburse the City for salaries and fringe benefits for'the. assigned personnel performing the services specified in this Agreement in a total amount not to exceed $132,949.00, 6 M 1 B. The Authority shall reimburse the police department on a quarterly basis, upon receipt of performance of the proposed services and evidence of authorized expenditures, or the City will be prepaid for expenses as specified in this Agreement with the Housing Authority. C.. The City' shall provide the following documentation in requesting reimbursement: 1, Copies of Certified Payroll Time Reports documenting names, employee identification; hours worked in public housing developments, supervisory approval of the report. For prepayments, copies of Certified Payroll Time Reports will be required monthly. D. All requests for reimbursement or prepayment are subject to the approval of the Executive Director, or that official's designee, and the Authority shall thereafter make payment of the appr6ved amount Nvithin thirty days of'receipt of the request for reimbursement. 'ARTICLE VI. TERMINATION A. The Authority may terminate this Agreement'upon the provision of thirty (30) days written' notice to the City. Such notices shall be delivered by Certified Mail; Return Receipt Requested, to the address specified in Article VII, B. The City may terminate this Agreement upon the provision of thirty (30) days written notice to the Authority. Such notices shall be delivered by Certified Mail, Return Receipt Requested, to-the address'specified in Article V11. ARTICLE VII. NOTICES Any notices required pursuant to the terms of this Agreement shall be sent by United States Certified Mail to the principal place of business of each of the parties hereto, as specified below: Authority: Clearwater Housing Authority P.O. Box 960, Clearwater, ,FL 33756 210 Ewing Avenue, Clearwater, FL 33757 City: City of Clearwater P.O. Box 4748 Clearwater, FL 33758 I 1, I ' . X11 I-.. .A. ` _ I• I .t 1i I , I I t' , ? e ARTICLE VIII. CONSTRUCTION OF LAWS . This'Agreement is made and entered into in the City of Clearwater. Any and all, questions of law arising hereunder shall be construed in accordance with the laws of the State of Florida. ARTICLE IX..' ENTIRE AGREEMENT This Agreement shall consist of the following component parts: A.' This Agreement; B. Any subsequent addenda agreed to by both parties., Countersigned: CITY OF CLEARWATER, FLORIDA ; By: Brian J: Aungst William B. Horne, II Mayor=Commissioner City Manager Approved as to form: Attest: Robert J. S rette Cynthia E. Goudeau ' Assistant ity Attorney • City Clerk. 1 CLEARWATER HOUSING AUTHORITY By: rt i l ?J . 1 ; J cgu ine Rivera Executive Director Attest: 8 CITY OF CLEARWATER SUMMARY OF TELECOMMUNICATIONS TOWER REGULATIONS COMMUNITY-DEVELOPMENT CODE, ARTICLE 39 DIVISION 20 I. DEFINITIONS "Telecommunication Tower: Any structure designed and constructed primarily for the purpose of supporting one or more antennas, including self supporting lattice towers, guy towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common carrier towers, cellular telephone towers,'altemative tower structures and the like." "Antennas: Any exterior apparatus at a fixed location designed for telephonic, radio, data, internet or other communications, through the sending and/or receiving of electromagnetic waves." Ii. LOCATION Telecommunication towers are a flexible use (CDB review) in each of the following districts: Commercial Downtown Office Institutional Industrial, Research and Technology , III. JOINT USE REQUIREMENTS An applicant requesting,a new tower must document that no existing tower or. ' structure is available as a reasonable alternative. The CDB determines if no reasonable alternative exists based on criteria including: • No tower/structure in geographic area to meet coverage • Existing tower/structure not of sufficient height. • Existing tower/structure does not have sufficient structural strength • Applicant's antenna would cause electromagnetic interference with existing 'tower/structure's antennas • Cost to share existing towerlstructure over 25 years exceeds the cost of a new tower • Not financially feasible to modify or replace existing tower • Applicant demonstrates other legitimate limiting factors that make existing. tower/structure unsuitable Page I of 3 • ' ... ' IV. HEIGHT Single User:' 120' maximum Two Users: 140' maximum Three or more Users: 150' maximum Additional 25' may be approved if extra height eliminates need for other towers V. DESIGN AND SITE ISSUES'. A. SETBACKS From Residential Uses: Tower must be setback the height of tower as measured from base of tower to residential property line From Historic Districts: 500' from historic district and structures From Property Lines: Same as Applicable Zoning District Setbacks B. „COLOR: Neutral non-glare color to reduce visual obtrusiveness C. FENCING/SECURITY: 5' high security, wood or masonry fence around tower D. LANDSCAPING/SCREENING: minimum of 10' landscape buffer around outside of fence . 'Perimeter and base of tower screened with shrubs and trees per landscape plan approved by Community Development Coordinator E. ILLUMINATION No artificial light except that required by FAA F. ACCESSORY BUILDINGS Meet requirements of applicable zoning district for setbacks 'Screened from right-of-way and adjacent properties Design should help blend building-into the setting and surrounding . buildings-through use of materials, textures, screening and landscaping G. WAIVERS Above design standards may be waived, reduced or modified by Community Development Board if it results in design that better meets intent of code Page 2 of 3 , I VI. REVIEW PROCESS New Towers: Review by Community Development Board in public hearing Modify or Replace Existing Tower to allow Co-location of users: Review by Developmentleview Committee after notice to surrounding property owners. Decision by Community Development Coordinator VII. STATUS OF APPROVED TOWERS Since new Community Development Code adopted in March 1999, three towers have been approved. No lower application's are currently pending. 1. New Tower @ Gulf to Bay Boulevard and Virginia Avenue ' Originally denied by CDB in January 2000,.Hearing Officer approved on appeal by applicant in September 2000. Height of 100', increased to 160' if three users commit to tower 2. Replacement Tower .@ Clearwater High School, Gulf to Bay Boulevard and Arcturas Approved by Community Development Coordinator-iii June 2000 Height of 165' 3. Replacement Tower for WTAN, Downtown Clearwater Approved by Community Development Coordinator in April 2001 Height of 180' Prepared by: Cynthia H. Tarapani, Director ; Planning Department August 27, 2001 I Page 3 of 3 >-ueamate. r U Interoffice Correspondence Sheet To. Mayor and Commissioners From: Cyndie Goudeau, City Cie Qke CC: Bill Horne, City Manager; Garry Brumback, Assistant,City Manager; Ralph Stone, Assistant City Manager; Pam Akin, City Attorney Date: 'August 16, 2001 RE: FLC Legislative Conference The Florida League of Cities' Legislative Conference scheduled for November 15 and 16, 2001, at the Orlando Airport Hyatt, will conflict with the November 15 City Commission meeting. The purpose of this day and a half conference is to adopt the FLC policy statements for the upcoming legislative session. Historically, Commission meetings have not been rescheduled to accommodate this conference. I have, and will, attend, bringing back related materials. If Commission members attend, they have commuted back to Clearwater for the Thursday night meeting or have attended only the half-day Friday session. As the current Commission may have more interest in attending, I will place this on the September 4th Work Session for discussion. This,will allow time to adjust the Commission meeting schedule, if that is the Commission's direction. LL C1 I 0 rwater Interoffice Correspondence Sheet To: Mayor and Commissioners From:. Cyndie Goudeau, City Cler{ CC: ' . Bill Horne, City Manager; Pam Akin, City Attorney; Garry Brumback, Assistant City Manager; Ralph Stone, Assistant City Manager Date: August 28, 2001 RE: Commission Rules of Procedure Attached piease find the following: 1. Comments, questions and concerns submitted by Commissioners Gray and Monson.. 2. information previously requested regarding other municipalities' rules regarding the Mayor's, participation in discussion and ability to make and/or second motions. 3. Largo's Rules and Procedures for Commission meetings. 4. Tallahassee's Policy Number 112CP - regarding citizen appearances at Commission meetings. We have asked for, but have not received, rules of procedure from Orlando and Daytona Beach. ti 3 ' r i t: Clearwater City Commission Policy' , 1. Per Lynn Tipton at the Florida League of Cities the two cities with the best public meeting policies are Orlando and Daytona Beach. Bill Jonson Comments and suggestions on the Clearwater Commission Rules: Rule 1'-- - SCHEDULING COMMISSION MEETINGS/WORKSESSION AGENDAS (2) Worksessions: 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, heating may be made. No public input will be accepted at work sessions. This shall not exclude the Commission from inviting members of the public to make scheduled presentations at a work session. * 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. Rule 6 ORDER OF BUSINESS: (1) The order of business for a regular meeting shall ordinarily be: a. Invocation b. Pledge of Allegiance c...Special recognitions and awards. d. Approval of previous minutes e. Citizens.to be heard regarding items not on agenda. °p will be .nka to give their nafne and ddFess and to limit theit'-a-mments.te -a f4hr-ee minutes. i. Scheduled Citizen Apaearances. A citizen may submit a written request to appear on the City Commission agenda for a regular meeting regarding an issue of special interest to the citizen. Written requests must be submitted to the City Manager's office not less than seven days prior to the City Commission meetingThe re nest may be accompanied b u to ten pages of written information, which will be included in the agenda package. Individuals eakeis shall adhere to a three minute time limit and groups to five minutes: The Commission may allow citizens additional time to address an issue: Scheduled citizen appearance forms are available in the City Manager's Office. ii. Unscheduled Citizen Apbearances. A citizen may request the opportunity to speak ata Commission meeting b completing a Speaker Request Card and turning this card into the Clerk at the beginning of the meeting, The request card shall include their ? i name, address and phone number. This information is needed should staff or a Commissioner need to follow-u with the speaker. Sneakers shall adhere to _a three minute time limit. The Commission may allow citizens additional time to address an issue. f. Public hearings (not before 6:00 p.m.) Legislative and administrative matters is Presentation of issues by City staff. ii..* Statement of case by applicant or representative (5 minutes). iii. Commission questions. iv, Comments in support and comments in opposition, whethei- as . Individual speakers shall adhere to a three minute time limit. Re resentatives of a group may speak for the three' minutes and an additional minute for each person in the audience that waves their right to speak as an individual up to a maximum of ten minutes in total. A form will be provided to document the request for additional group, time. v. Commission questions. vi. Final rebuttal by applicant or representative (5 minutes). vii. Commission motion to determine disposition. Quasi-judicial Hearings (those giving testimony will be sworn-in). viii. Staff states its recommendation and briefly summarizes its reason's for the recommendation (2 minutes). ix. 'Applicant presents case, including its testimony and exhibits, Witness may be cross-examined (15 minutes). x. Staff presents further evidence. May be cross -examined (10 minutes). xi. Public comment (his); Individual speakers shall adhere to a three minute time limit. Representatives of a group may speak for the three minutes and an additional minute for_each_1erson in the audience that waves their right to speak as an individual up to a maximum _of_ten minutes in total. A form will be provided_ to document the request for additional group time. xii. City Commission discussion, and may question any witness. xiii. Applicant may call witness in rebuttal (5 minutes) xiv. Conclusion by applicant (3 minutes). xv. 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. '.Consent Agenda i. City Manager reports j. City Attorney reports . L Commission Discussion Items. 1. Other Commission action...' , Agenda items, other than public hearings, will be presented by staff followed by questions by the Commission. Public input,, discussion by the Commission,ra emotion and second,'then debate on the motion, and vote. . (3) Persons speaking before the City Commission at times other than public shall be ' limited to three minutes per individual speaker. ' Representatives of a group may speak for the three minutes and an additional minute for each person in the I,r audience that waves their right to sgeak as an individual up to a maximum of ten minutes in total. A form will be provided to document the m quest for additional group time. No person shall speak more than once on the same subject at the same meeting unless I granted permission by the City Commission. When tin e ahethef: Members of the public will give their name and address for the record prior to the start of their time limit. . Questions: Should we adopt a time certain for public hearings like Tampa Does? Question 1 Rule 6, Order of Business (1) F2 j Applicant presents case, including its testimony and exhibits. Witness may be cross- examined (15 minutes) Who cross examines? Question 2 Rule 8, Debate. of Motion srrie `Votes . Second paragraph, second sentence All questions shall be stated and put by the Chair, and the Chair shall declare all votes. Would like further explanation of this sentence. Question 3 Rule 8, Debate of Motions/Tie Votes Third paragraph For a member to discuss a matter --------- Who'is the member; It this referring to a commissioner?- Question 4 Rule 1, Scheduling Commission Meetings/Work Session Agendas (2) No public.input will be accepted at work sessions. Commissioner Jonson would like-to find wording to allow public Input , regarding presentations made at the worksesslon. Question 5 Commissioner Jonson asked about the information that had been collected regarding the three minute rule for citizens to b heard. He thought they had asked that the City of Tampa and Pinellas County be surveyed. Question: Does your City have any rules about when the Mayor or Chair can speak on the issues brought forward? Is there a procedure to determine in what order the chair and the commissioners expresses his/her opinion on the various subjects brought forward? These cities have a City Manager form of government and the Mayor is able to make or second motions. Melbourne: In most cases, Council Members request to speak on an item; however, in some instances the Mayor asks for Council Member comments based on their district number (Dist. 1, 2, 3, etc). The Mayor usually speaks last before calling the question; however, City of Melbourne rules provide that the maker of a motion has the privilege of closing debate. Miami Beach - No special rules regarding this issue; they follow Robert's Rules of Order. Port St. Lucie: It is the rule of the Chair as to. the speaking order. However, most of the time, the council members express their opinion before the Mayor speaks to the issue. ' Tarpon Springs: They do not have any specific rules relating to this. St. Pete Beach:. No set procedure; the Mayor can speak at his discretion. He usually speaks last. Florida League of Cities: -- Lynn Tipton For some cities, it is a diplomatic gesture for the Mayor to speak last. If the Commission does decide to make any "rules" regarding the procedure, she suggests it be a resolution or internal operating procedure. Daytona Beach: Commission-Manager form of government-- Their mayor, who is a past Attorney and Judge, very knowledgeable in Robert's Rules, speaks after all other members of the City Commission have spoken on an issue. They have no rules of procedure on this subject. Orlando: Mayor-Commission form or government- They follow Roberts, Rules of Order. The Mayor may choose to speak to an issue, of which she may do so at anytime. She usually calls on a Commissioner, if the issue is district specific. Otherwise, they are called on as they request to speak. 711/01 ' I J 4 C7 ` ' (a Cl) 0 tv ?., c v (b (U 0 (D C: (n 2 C. x -o E '. 0 .0 co a ? (3 CD- (n r- o E m E -u E v ,o m N C =E c ?EmO?E . Q CL o •a) o cn U) N E 0 y o m i ¢? v m U x 'a Ca a a N C'.. m E 0 c a i -? v ? N c •cd €> -0 2' E a aCC °o???•° ` ° a w n •q v 75 a r- .O O O O O O .O N M Q W (D 0 0 0?? G? 07. G C6 C in. 4) m UL3 . O m m m y Q• o o E E 'a ® C°u°i ??cD c °' E U) ol 0 CA i a ooooaa m ° cu °a? 0 cl Q - E -a w m m w m w 'm 0 N co C U w ca E O i c U 0" S ° tm tm dl rn E c ' - a ' o E' ' m Q + 4 Nr"' ro m m m m m E we«aa-5 ° ? ?+- a . 37 cn c7 cJ • ; C 0 p C1 0 O 0 ?' ? > E .. a co mE •? 0 ? • A N N N co in •y C N G U a E O m += ,? (n O CJ i M G a O E M M M M 0 M . O p. C. A 4 C Ca i p E? j? c m a?.m M i CD=. r n. a to o .0MMM 3 E M m , E E E C N a C . a C "J ? y, V Q O .? d _ m ?+ 7+ O a O [? X , a, p , a, L. z, a, E a a C C C C c o o > C E a?QQ E w 0'oooooooz . ° ca 0 v co a E N c .. o` E o 0'0'0 o p w W ' in to in rn in in to ) a 2ZZZ' ZZ }}}a) a)a)}wcDw w? C14 0 R L- ' Z ' e o ' m • cm gin ? E 'C O ? cn rn 0 m cu CU r L m . V_ m ro U (0] cc min cU ?? ` ? p w m c cmcm0 o? o CU >, r D E c 0Earn m 0 a c m y, cn CM acd'CM oC: . cu 0 C C .N V ' Q M 0 '-- - N U U C 1 m V C c N C, N C. (a cn •- •- ca •- N c c' E o U.00UL) cn' U??U UUUUUC.)0z C N 0 C71 7 L N V O co to (D ) a C a G (b T: V CL -0 a) co N L a @a 3: o m `? U C I'ao m m c w m a d. El c .J,b? QQ Un(9 3 roco w o0cn OF-OTii a? .?- a rC o LEGISLATIVE POLICIES 5-1: RULES AND PROCEDURES FOR CITY COMMISSION MEETINGS In accordance with City of Largo Charter, Article 11, Sections 2-20 through 2.22, the City Commission shall establish the procedures by which Commission meetings shall be conducted. 1. The City Commission shall conduct City buslnes3 at Commission meetings in accordance with the Scott, Foresman edition of Robert's Rule&_ f_O[dgL,Nowly_8eyised. 2. No Items, except of an Introductory nature to be considered at a later date, shall be added to the Commission meeting agenda except by a two-thirds (213) vote of the seven (7) member Commission. 3.. The public may speak on all items listed on the agenda, Public debate by individual speakers from the audience shall be limited to three (3) minutes. Representatives of recognized. groups shall be limited to ten (10) minutes, and total debate on a single Issue shall be limited to thirty (30) minutes. Only one (1) presentation per person per issue shall be allowed. 4. Persons who wish to speak on an agenda Item shall fill out a Speaker's Card and submit It to the City Clerk prior to the Issue being heard by the Commission, 5. Discussion from the public shall be considered only after the Commission has debated the Issue. The Chair shall recognize all speakers and all comments shall be directed to the Chair. 6, In order to'cast a valid vote on any action undertaken by the City Commission, a Commissioner shall be physically present in the Commission Chamber at they time action shall be determined by the vote. 7. When a Commissioner wishes to remove more than two Items from the Consent Docket, the request will be made In the form of a motion to amend the agenda, to be voted upon by the Commission. e. When receiving citizen comment or public input, the Commissioners will listen and not speak. Questions from the public will be directed by the Chair, to the City Manager, who will respond or direct the question to the appropriate staff person. If the question cannot be answered at the meeting, the Chair will direct the City Manager to provide the information at a later date or schedule a meeting with the citizen. 9. Once a motion has been accepted on public hearing Items (except land use actions under the comprehensive Development Code), the Chair will declare the public hearing open; during than time the Commissioners will listen to public input and refrain from responding, Comments by the public will be addressed by the Chair and Commission only after all speakers have been heard and the public hearing has been declared closed by the Chair. Land use actions under the Comprehensive Development Code are defined as any one of the following actions: amendments to an existing Community Redevelopment Plan, amendments to the Future Land Use Map or Comprehensive Plan, annexation actions, vacations of easements or, rights-of-way, transfer of development rights and development agreements. No motion will be accepted by the Chair prior to the closure of the public hearing on these items. 10, Speakers will confine their comments to the agenda Item being discussed: any comments which are Inappropriate or Irrelevant will be ruled out of order by the Chair. Any speaker that continues with inappropriate or irrelevant comments will be requested to relinquish the podlum. 11 All 'Commisslon inquiries of staff will be directed through the Chair to the City Manager for . response. The City Manager may defer to the appropriate staff member for additional Information. .. • .. •. i is °S 1 .2- 1 , 12. The motion to approve the Consent Docket will Indicate that approval is made without Commissfon discussion and that the requested items are being approved including staff background provided in the Commission packets. 13. Roll call votes of the City Commission shali,be conducted by the City Clerk at the direction of the Chair. The City Clerk shall poll the members of the City Commission by seat number. The first roll call vote of the meeting shall begin with the member of'the Commission In seat number 1, Each succeeding vote shall begin with the next person in seat order voting first. The Chair shall vote in sequence the same as other members of the City Commisslon. 14. On each Commission meeting agendas there will be a section titled "items From City. Manager, Mayor, Commission, Boards, Administration." Items placed on this section of the agenda are for information only or to determine Commission directlon. Such direction shall be sought as consensus of the members and not as a formal, binding vote. • The Chair will report to the Commission and ask each Commissioner, at this section of the'agenda, If they have any Items they wish to discuss. 1s. The chair may ask for a recess at anytime he/she deems it advisable or necessary. . ,. (items 1-8 Adopted By Resolution No. 1116 -2/19/85 Items 7-11 Adopted By Resolution No. 1388 - 8/19/80 ?... Item 12 Adopted by Resolution No. 1412 - 3119191) Amended by Resolution No. 1654 dated W6188 Amended by Resolution 1729 dated 10117/00 HUU--1:V1-1Ce_WJ 1 14- ,do . tnW r- L. 1., t I Y HtDu W:J1 t-lelli CITY COMMISSION POLICY POLICY TITLE: Citizen Appearances/City Commission Agenda CITY COIYLNUSSION POLICY NUMBER: 112CP DATE ADOPTED: 08-19-92 DATE OF LAST REVISION: 09-27-95 312.01 AvmmRm Approved by the elected members of the Tallahassee City Commission on September 27, 1995. 112.02 SCOPE AND APPLIC613T TY The purpose of this administrative regulation is to establish policy for the City Commission agenda process with the administration of the City Manager. The regulation applies to all City departments and to all appointed officials. 112.03 EMICY STATEMENT It is the City Commission's policy for management to provide the Commission with facts and advice through an agenda item process on matters of policy as a basis for making decisions, setting community goals, and upholding and implementing previously adopted City Commission policies. 112.04. 1 DEFiNMONS A. Regular Meeting -- Refers to the regularly scheduled City Commission meetings which begin at 4:00 p.m. on the second and fourth Wednesday of the month. Variations occur during June, July, August, November and December due to summer break and holidays. A 30 minute recess will be scheduled based on the occurrence of scheduled citizen appearances. Recess is to begin at 5:15 p.m. when there are scheduled citizen appearances and at 5:30 p.m. when there are no scheduled citizen appearances. B. Target 3ssutz ?IeeJings -- Refers to the City Commission meetings which are conducted for those target issues requiring a workshop setting. The meetings begin at 3:30 p.m. on the third Wednesday (except for June, July, August; and December). C. Consent Items -- Consent agenda items are those items which are routine in nature and not expected to require City Commission discussion. These items are scheduled for Commission consideration on the second and fourth Wednesday of each month. Examples include: purchases, contracts, plat approval, budget transfers and. supplemental appropriations with no major policy implications, advisory committee bylaws and minutes. DEPARTMENT DEPARTMENT HEAD SIGNATURE. EXEC- TTivE I ?. 444?- 1 r tr?u-C o"GrJC11 144 ? Gv Gnc7 1-e...' 1-111 dJ u U,;)l U4.'11J I.J. wle/Wt? rfiY.OF TAL AFIASSEE CITY COMMISSION POLICY POLICY TITLE: DEPA,,RTMYNT PAGE Citizen Appearances/City Executive 2 of 5 Commission A ends 112.04 D.' Policy Formation Direction Items -- Agenda items related to those issues which have been identified as priority items or target issues by the City Commission in their teambuilding workshop (April of each year) and/or represent issues affected by major policy. E. Schedulgd Citizen Appearances -- Citizens are scheduled to be heard at 5'.45 p.m. prior to any scheduled public hearings. A citizen shall submit a written request to appear on the City Commission agenda for a'regular meeting regarding an issue of special interest to the citizen. Written requests must be submitted to the City Manager's Office not less than seen days prior to the City Commission meeting. Individual speakers shall adhere to a three minute time limit and groups to five minutes. The Commission has discretion to allow citizens additional time to speak, Scheduled citizen appearance forms are available in the City Manager's Office. F. Public Hearing Hearings are scheduled to begin at 6:00 p.m., except when mandated by state statutes to begin at 7:00 p.m. (i.e., budget hearings). Citizens have the opportunity to speak on issues scheduled for public hearing. Individual speakers are encouraged to adhere to a three-minute time limit and groups to five minutes. The Commission has discretion to allow citizens additional time to speak. G. Unapendned Business -- Any citizen desiring to address the City Commission at the _ Cy conclusion of the regularly scheduled meeting, providing a written notice to the Treasurer-Clerk during the meeting. Individual speakers shall adhere to a three minute time limit and groups to five minutes. Speaker slips are available outside the City Commission Chambers. The Commission may allow citizens additional time to address an issue. A City Commissioner may address other issues upon consensus of the Commission. 112.05 1 lR FSPONS[BILPI'IITS A. City?Manaaer's Office -- It shall be the responsibility of the City Manager's Office to coordinate and schedule agenda items as expediously as possible. This responsibility shall include rapid feedback on those agenda items determined to need revisions. The City Manager's Office will deliver the agenda material to the City Commission no Iat,cr than 9:00 a.m. Friday prior to the Commission meeting. The City Commission office shall be notified of dealys in the agenda distribution process. (Refer to Administrative procedures #201 for specific, duties for the. City Manager's Office.) I r • e. j):rZ tL Cie o i ,}. amater 6 Interoffice Correspondence Sheet To: Mayor and Commissioners From: ' C:yndle Goudeau, City Clere CC: Bill Horne, City Manager; Pam Akin, City Attorney; Garry Brumback, Assistant City Manager; Ralph Stone, Assistant city Manager Date: August 31, 2001 RE: Rules of Procedure Attached are the detailed rules of procedure from Tampa. 'Orlando and Daytona Beach report that they do not have rules of procedure other than Robert's Rules of, Order. If you need additional informatidn, please let me know. RULES OF PROCEDURE . RULE 1. MEETINGS A. REGULAR MEETINGS (1) The City Council shall hold the following regular weekly meetings in City Council Chambers, Third Floor, City Hall: a. Thursday beginning at 9:00 a.m. for agenda items and 'other matters of . public interest. b. The second Thursday of every month beginning at 6:30 p.m. for public hearings on zoning petitions and other zoning matters. The agenda for such hearings shall'be limited to ten agenda items, however, City Council in its sole discretion may by motion, (as provided in Rule 7) allow additional agenda items to be heard or in its sole discretion may schedule an additional public hearing during a given month. (2) Another day and time may be designated by a majority vote of the Council. Notice . of such designation shall be posted at the entrance to the City Council Chambers or on the' bulletin board on the first floor of City Hall not less than five days prior to the newly designated day and time. B. SPECIAL MEETINGS (1) Special meetings of the Council may be called at any time by the Mayor or the Chairman of the Council; or, in the absence from the City or'disqualilication of the Chairman of the Council, the Chairman Pro tempore. (2) Notice of special meetings shall be ire writing and shall be served at least twenty- four hours prior to the meeting by the Clerk or by some police officer designated for such purpose upon each member of the Council, except those absent from the city. The notice shall specify the business to be transacted at such special meeting. (3) Service of such notice shall be made by delivery of a copy thereof to each member of, the Council, or by leaving a copy at the Council member's business or residence with some responsible person over the age of fir"teen and informing such person of the contents thereof. (4) Notice of special meetings may be waived when not less than four members of the Council shall sign a written waiver of notice of call of a special meeting, which waiver shall be recorded and made a part of the minutes of such meetings. (5) No business shall be transacted at a special meeting save that specified in.the call, except that, when notice of call shall be waived as herein provided, any business may be transacted at such inecting. C. In the event of remodeling, renovation, improvement, or other construction work or the size of the anticipated audience shall make it impossible or impractical to meet in the Council Chambers, the Chairman may designate another meeting place in the City of Tampa. Notice of such designation shall be posted at the entrance to the Council Chambers or on the bulletin board on the first floor of City Hall not less than 24 hours prior to such meeting. D. A quorum of four members must be present in order for the Council 'to conduct any business. If no quorum is present, no meeting shall be convened and may be adjourned until the next regular meeting; or the Chief of Police or any police officer, at the direction of the presiding Council officer, may be authorized to go out and bring absent members into the meeting. Until a quorum appears the Council shall be at rest. E. All meetings of the Council shall be open to the public. F. WORKSHOP (1) A workshop shall be defined as a regular meeting of the City Council in all respects except that it shall be held for the purpose of City Council being informed on one special matter of concern. (2) Workshops shall be held on regular meeting days before, during or. after the regular agenda or on such other day as shall be designated by the Chairman with the approval, by motion, of at least four members of the City Council. (3) No official action by the City Council may be taken during the workshop. (4) No member of the audience or the public may be heard other than those persons previously designated by motion of the City Council when the workshop was set, except any,member of City Council may ask questions of any person in the audience or other member of the public. The public may be heard on the matter which is the subject of the workshop after the workshop is closed or at any time when the Chairman recognizes that person during a regular meeting. G. SPECIAL DISCUSSION MEETINGS Any member of Council may call a Special Discussion Meeting between the hoursof8:00 a.m and 9:00 a.m. any Thursday on which a regular Council meeting is scheduled by notifying the City Clerk no later than noon of the immediately preceding Tuesday. The City Clerk shall then post notice of that meeting on the bulletin board on the first floor of City Hall, display the notice in the office of the City Clerk with the City Council agenda, and shall fax notice to such persons, organizations or entities as shall have furni.shed a fax number to the City Clerk's office. The City Clerk shall not be required to notify by fax any person, organization or entity that has not provided a fax number within the previous twenty-four months. It shall not be necessary as a condition of holding a Special Discussion Meeting that four or more members of Council be present. The Special Discussion Meeting is distinguished from meetings of Standing Committees. Meetings of Standing Committees may be called at any time as provided in Rule 3. Minutes of all Special Discussion Meetings and Standing Committee Meetings shall be taken, transcribed and made available as soon as practical after such meeting. 3 !f RULE 2. OFFICERS, ELECTIONS AND DUTIES A. OFFICERS (1) Officers of the City Council shall be Chairman and Chairman Pro tempore. The Chairman and Chairman Pro tempore shall serve at the pleasure of the Council. City Council shall elect a Chairman and Chairman Pro tempore as a regular agenda item on the first regular meeting after April 1st of each year after the organizational meeting. B. ELECTIONS (1) The officers shall be elected at the first regular meeting or special call meeting immediately following certification of the election and the taking of the oath of office. (organizational meeting) (2) Separate elections shall be held for each officer of the Council. (3) Nominations shall be from the members and vote taken by roll call. A majority vote of the entire Council shall elect. C. DUTIES (1) The Chairman of the City Council shall preside over all regular meetings and serve as administrative head of Council. (2) The Chairman of the Council shall appoint such standing and special committees as the Council shall deem necessary for the conduct of the affairs of the Council. (3) In the absence or disqualification of the Chairman of the Council,. the Chairman Pro tempore shall act as Chairman; and, in the latter's absence or disqualification, the Acting Chairman shall be the member who has most recently served as Chairman, however, if no member has served as Chairman, then the member who has most recently served as Chairman Pro tempore, however, if no member has served as Chairman or Chairman Pro tempore, then the Finance Committee Chairman. RULE 3. STANDING COMMITTEES A. The Standing Committees of the City Council shall be appointed by the Chairman and shall be as follows: (1) Public Safety Committee (Fire Department, Police Department, Public Safety Office, and Grievances) (2) Parks Recreation and Culture Committee (Parks Department, Recreation Department, Museums, Convention Facilities, and Cable Communication) (3) Public Works Committee (Public Works Department, Water Department, Sewer Department, and Solid Waste Department) 4 (4) Finance Committee (Department of Revenue . and Finance, Internal Audit Department, Budget, Civil Service, Legal Dcparlment and Utility Accounting (5) Building and Zoning Committee (Hillsborough County Planning Commission and City of Tampa Code Amendments, Department of Administration and Housing and Development Coordination) (G) Transportation_ Committee (Traffic Engineer, Parking and Transportation Divisions and Central Garage) B. The Standing Committees shall consist of three members each; and the Chairman of the Council shall be an ex officio member of all committees. C. The Chairman of the City Council shall name the Chairmen of the Standing Committees, D. Meetings of Standing Committees may be called at any time by announcing the place, date and time of such meeting at a regular City Council meeting. RULE 4. AGENDA AND ORDER OF BUSINESS A. All petitions, communications, resolutions, ordinances, and other matters intended for the consideration of the City Council shall be filed with the City Clerk or in the City Council Office and then immediately referred to the Secretary of the Council who in turn shall assign such petitions; communications, resolutions, ordinances and other matters to the most appropriate Standing Committee of the City Council. B: Whenever the Mayor of the City of Tampa, the Chairman of the City Council, the Chairman Pro temporc of the City Council, or the Acting Chairman of the City Council shall determine that a petition, communication, resolution, ordinance, or other matter intended for the consideration of the City Council is of an urgent nature and requires immediate attention and postponement would result in serious injury or damage to the person, government, or the community directly concerned, and the matter is determined by a two-thirds vote of the Council, then and in that event, the matter may be handled as an emergency pursuant to the provisions of Article U of the Revised Charter of the City of Tampa of 1975. C, Petitions, communications, resolutions, ordinances or reports of committees shall be in the hands of the City Council Office Staff on or before 2:00 p.m. on the Friday previous to the Thursday regular meeting of the City Council, D. The City Clerk shall maintain a pending calendar which shall be made available for review by the City Council and Clerk for further disposition at its first Thursday meeting in each month. 5 E. The following order shall be observed in the transaction of business: (1) Invocation . (2) Pledge of Allegiance (3) Roll Call (4) Reading, correction and adoption of Minutes (5) Department Heads and City Employees (6) Agenda Audience (Three minutes per person to speak on any matter. on the agenda. The speaker shall first identify the agenda item and restrict all comments to matters relevant to that agenda item. Comments not relevant to that agenda item shall be ruled out of order by the Chair and continued irrelevant comments shall result in the speaker being denied further audience time) (7) Public. Hearings (8) Unfinished Business (9) Committee Rcports/Consent Agenda (10) Information Reports (by Council Members who serve on various Boards and Committees-10 Minutes) (11) New Business (12) General Audience and Comments from the Floor (The Chairman shall announce the general audience and comments from the floor, which portion of the agenda will not be televised or broadcast. Three minutes per person to address the City Council on any matter) (13) Final Adjournment F.' Members of the public addressing Council shall do so only from the podium and shall first identify themselves by full name and complete mailing address and failing such identification shall not be allowed to speak. Members of the public addressing Council shall observe all time limitations that may apply. When addressing agenda items, members of the public shall confine their comments to the subject of the agenda item and shall make such comments during the Audience or the Comments from the Floor portion of the agenda. G. The Chairman shall rule out of order any member of the public who shall speak out of order or who shall not address Council from the podium or other established speaker area. The Chairman shall also rule out of order any person who, in the Chairman's determination, 'is making obscene, profane, impertinent, irrelevant; immaterial inflammatory statements or inciting violence or fighting. The determination of the Chairman or a majority of Council shall be final on such matters. H. The action of receiving and filing documents by the City Council shall not in any way be construed to constitute concurrence with or endorsement by City Council of the matter being received and filed. 1. The Chairman shall rule out of order any discussion by City Council of matters which are the subject of any current or prospective litigation. 6 City Council may establish time limits for members of the public to address Council. Unless such time limit is otherwise established each member of the public shall be limited to three minutes. During public herrings each member of the public, provided he is present in the audience, may designate a representative spokesperson to speak on his behalf at that public hearing and thereby relinquish his time to that spokesperson' Thereafter, he may not be heard on the agenda time for which designation was made. Such designation may only be made for public hearings and shall be made by signing a speaker's consent form. The representative spokesperson shall be allowed to speak for one (1) minute for each such designation up to a maximum of ten (10) minutes. (Res. No. 94- 1599) K. Signs or graphic displays of any kind shall not be displayed in Council Chambers or Council Lobby except in connection with a presentation made to Council by a speaker at the podium. l.. No member'of the audience shall, during a Council Meeting, make or cause to be made any audible or disruptive sound or noise. M. No weapons or objects that may be used as weapons shall be allowed in the Council Chambers. Bags, packages and parcels brought into Council Chambers are subject to search. ' N. All persons shall at all times conduct themselves in accordance with these rules and failing such shall be removed from the Council Chamber. In the event of such removal such person shall not thereafter be readmitted to the Council Chamber or the Council Lobby during the same meeting. RULES. PARLIAMENTARY POLICIES A. A majority vote of the entire Council shall be required for action on all matters coming before the Council. When a matter is considered by the Council and a majority vote of the entire Council is not obtained either in support of or in opposition to the matter, the matter shall automatically be brought before the Council at ,the next regular Council meeting as unfinished business. Any time there is a need for reconsideration by Council, which must be held at the next regular meeting and there is not a full Council, the Council may delay reconsideration to the next regular meeting when there is a full Council present. B. A motion to reconsider any action of the Council may be made only by a member who previously voted on the prevailing side and may be made only at the same meeting or by the first subsequent regular meeting. C. No Council member shall introduce a motion or speak to a subject under discussion without recognition by the Chairman. When more than one member requests recognition at the same time, the order of speakers will -be decided as fairly as possible by the Chairman. 7 D. No member shall speak more than twice on the same subject at the same meeting and shall not speak the second time if another member who has not spoken to the question desires the floor. This rule may be temporarily suspended by a majority vote of the entire Council. E. No member shall speak longer than five minutes unless this rule is temporarily suspended by a majority vote of the entire Council. F. No member shall be excused from voting except where a conflict shall exist as defined by state or local law. G. The Chairman shall decide all questions of procedure and order, and. his decision shall stand unless reversed by a majority vote of the entire Council. RULE G. GENERAL POLICIES e A. The roll shall be conducted by the Clerk upon any question whenever demanded by the Chairman or two members of the Council, and the vote of each member shall be recorded in the minutes. B. No person other than a member of Council shall be allowed to address the Council unless invited by the Chairman or unless invited by a majority vote.of the entire Council. C. No person shall be permitted within the enclosure of the Council except the members and officers of the City, unless invited by the Chairman or a majori ty of the entire Council. RULE 7. RESOLUTIONS, ORDINANCES, AND MOTIONS A. All resolutions must be in writing, and all motions must be reduced to writing when adopted by the Council. B. All motions duly adopted by a majority of the members of the Council and recorded upon the Minutes of the meeting shall be deemed and taken and shall have the same force and effect as resolutions. C. All ordinances and resolutions, except ordinances making appropriations, shall be confined to one subject and mutter properly connected therewith, which subject shall be briefly expressed in the title. Ordinances and resolutions making appropriations shall be confined to the subject of appropriations. D. The ayes and nays shall be taken upon the passage of all ordinances or resolutions. RULE 8. AMENDMENTS A. These Rules of Procedure may be amended by a majority vote of the entire Council at any regular meeting of the Council after having been read two weeks previous at a regular Council meeting. 8 FW-27-2001 1S: 22 ? C? Z 5 s i s r 'n v N A R A N o h M A P A N C1.RA1tWA7V F L0 kIDA P:01ie1 COPIES TO: commjsSIQN AUG 2 i 2001 CLERkf/AATTORNEY CITY OF CIX"WAIWS SI[SIM CYTIES PROGRAIVi Oty of Clearwater Draft Propm2l ? he Sister Cities program is an ofcW program of the City of Clearwater. I po Box ?7?e The We of the Mayor is the off vial nfl"i¢c nfthe program. Clearwater. FL 33758 The Mayor w - respond to and initiate all official correspondence. -attend official function& 0 727_S62-4050 -wally welcome exchange delegations. present the official gms from the City, fax 727-562-4053 . The City Conn sslon WW: -attend *or events whenever possible. support the program to tho citizens and encourage citizen participation. -.encourage community groups to be involved in cultural =hares- cieurwater Sister Cities, Inc. (CSCI), is designated the organizing committee for Clea water's Sister Cities Program. It will: work with the City and the community to co-ordinate the program and events of enh exchange; Le. homo stays, scheMes, special even% be the liaison with the Whools, etc, -submit projected exp=ws for the year, -submit an annual report. Thee City Will; -provide financial support for exchmSes, events, gifts, and other elements of the program to the do ne nae?est?axy and pag''ble for a successful program., -reimburse the committee for reasonable expenses associsted with the I TOTAL. P- ei ..1 CLEARWATER SISTER CITIES, INC. Cleanvater Sister Cities, Inc. is a non-profit 501(c)(3) corporation organized in 1997 to support and augment the efforts of the City of Cleanvater's Sister Cities Program. The mission of Clearwater Sister Cities, Inc. is to promote cultural understanding, friendship and global partnerships through exchanges with Cleanvater's Sister Cities and to foster an environment for f rrther international relations. SISTER CITIES ACTIVITIES --1999 - 2001 Overview 1999 Feb. 5-12 - 4 High School students, 1 teacher & tour leader Clearwater High School Host school CSCI member hosts tour leader'and arranges Disney trip CSCI member attends school welcome event Mar 21-28'- 8 Jr. High School students, I teacher & tour leader Palm Harbor Middle School - Host school CSCI member hosts tour leader and arranges Disney trip CSCI member attends school welcome event April 25-28 - 40`h Anniversary Celebration - Mayor Tsukada, 2 Council members, Superintendent & 34 other delegates CSCI committee arranged: New logo Hotel stay Schedule Transportation Home stays - 19 Welcome reception Entertainment Nagano Hosted party - Harborview Center Farewell party Gifts Invitations Communications after business hours Thank yous CSCI did fundraising projects to raise over $4000 to support this event. October 16-30 - 2 teachers CSCI member arranges for home stays for the month Host families arrange Sayonara party Pinellas School District arranges School visits , 2000 Video Camp Project - "My Eyes Have Seen ...Sister Cities 2000" (Dept. of State Grant applied for in Fall 1999 to begin in Jan. 2000) Highlights- Contact Sister City Mayor regarding Mayor Aungst's visit Set up Sister Cities website for photo exchange Contact local schools to participate in video camp Holiday Parade & Fun `n Sun Parade with Sister Cities float Prepare applications for video camp Meets with and select students interested in attending Clearwater's video camp Begin 'lo'set up display cases at Harborview Center School visits to Millennial Exhibit Trip arrangements for students & teachers & Mayor's trip 2 Teachers .& 5 Students go to Nagano - June 14 - 25 Mayor Angst goes to Nagano'- June 16 - 25 Final Report submitted Reception for students to show video Produce, copy & mail videos to Nagano city & host families, Pinellas Schools & City & libraries Thank yous to Nagano city & host families Communications after business hours Feb. 2-9 - 4 High School students, 1 teacher & tour leader Countryside High School -- Host school CSCI member meets with Principal CSCI member hosts tour leader and arranges Disney trip CSCI member attends school welcome event Mar. 21-28 - 8 Jr. High School students, 1 teacher & tour leader Coachman Fundamental Middle School -- Host school CSCI member hosts tour leader & arranges Disney. trip CSCI member attends welcome event Oct. 16-Nov. 19 - 2 teachers CSCI member arranges for home stays for the month CSCI hosts welcome party Invitations, gifts Host families arrange Sayonara party Party invitations Pinellas School District arranges School visits Thank you letters ' Communications after business hours .2001 Feb. 4-11-4 High School students, 1 teacher & tour leader Countryside High School - Host school CSCI member hosts tour leader & arranges Disney.trip CSCI member hosts teacher Thank you notes Mar. 22-29 - S Jr. High School students, I teacher & tour, leader Kennedy Middle School - Host school CSCI member meets with Principal CSCI member hosts tour leader & arranges Disney trip CSCI member hosts teacher . CSCI member attends school welcome event Thank you.letters Citer of Clearwater.f. ? 2002 State Legislative Package Appropriations -- 'T'are City of Clearwater will seek funding, through grtnts and other sources, to assist in implementing projects and providing; services to meet the needs of our citizens and improve their quality of life. This will include projects such as: ? Brownhelds Remediation Stevenson Creek Estuary Improvements CHIP T uisitilonal 1lousing Proposed Legislation -- We request legslation be proposed that will: o Provide Brownlields criteria in Florida Forever . Provide ta.Y exemption for municipally owned sports facilities Issues to Support -- We will support legislation that is beneficial to Clearwater and other municipalities including. ? Growth Management Regulations that distinguish between New Growth and Urban Redevelopment o Tax Exemption for Mutticilially-(honed facilities ? Maintaining adequate funding for Q'11 (Qualif eel Target Industry) ? Felony Assault Bill making any assaults on Darks and Recreation employees volunteers or contract professionals a criminal offense. l1Gmination of automatic permanent removal of neigflibinhood deed restrictions by N,f rt\ (Marketable Record "Titles to Real Property) legrisiation. Issues to Oppose -- We will oppose legislation that is detrimental to Clearwater and other mutticilrtlities including: 4 . Unfunded N'landates Increased Regulation of or Restriction on Municipal Operations t Additional,Regulation ofa municipalities ability to regulate billboards In addition the City of Clearwater will support the Florida League of Cities in pursuing its Legislative priorities. We will also be closely ttio1iitoring-, ASR (Aquifer Storage and Recovery. , C1earWater sister Cities Commission discussion-regarding roles • In an effort to clarify roles and responsibilities of the Commission'and Clearwater Sister Cities, Inc. in Clearwater's participation in the Sister Cities program, meetings have been held with representatives of CSCI and the Pinellas County School System. • These meetings have been generally positive and productive, giving the participants better understanding of one another. Participants at both meetings included Commissioner Whitney Gray, City Manager Bill Horne and Staff Member Carolyn Brink. Staff Member Denise Wilson attended the meeting with CSCI representatives Rita Garvey, Lois Sewell and Myrtle Sachs. Jan Kucerik, Supervisor, and Linda Damsky from the Pinellas County Schools Office of Foreign Language attended the second meeting. At our first, meeting, with Clearwater Sister Cities, Inc., it became clear that this is a positive program with benefits to Clearwater citizens, although those benefits may be' largely intangible. Making the arrangements for visiting'dignitaries, teachers and students (those visiting Nagano and those visiting Clearwater) is a big job and requires coordination with the other partners, as well as many hours of work by volunteers and staff from the City. and the School System. • Unfortunately, there has been some inconsistency in the delegation of'all the necessary tasks. It is in the best interest of the Commission, if the Commissioners desire to maintain involvement in this program, that policy be made concerning the delegation of the tasks necessary for the program. • CSCI believes the program to be a Commission-driven program. That commitment needs to be reconfirmed. • Meeting with Ms. Kucerik and Ms. Damsky revealed that the School System finds great value in the program and would like to continue. Better communication with the City and CSCI will help them, as well as a more organized system of delegating the tasks. After having received input from CSCI and the School System Staff, I seek your input on the role and commitment the Commission should have in this valuable program. Representatives from all the members of this partnership will continue to meet to work out details of the delegation of tasks and communication, in consideration of this input., Respectfully submitted, Commissioner Whitney Gray ZIJ 7 ? AA iL $ l7 i ?'1 ? C (? ? ? O ? 1D U9I C n lu C y r a ?i 15 n 3fn 0y r 5 _ _( -" ya' ? n Nm ? y ? ,,?, ? Y7} p? X ! " N iO N 1 ? ? Z3 Q 10 N ? ^ !V ? ? P7 4 C 4 O S ? 1 7 171?i III Q r7v4 117 I+sl'{? la 1 NK v d vw +rf Y} aa_. a•nC. 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