02/05/2003
CITY COMMISSION
MEETING
02/05/03
NOTE: 02/03/03
PRELIMINARY (WS) AGENDA & PAPERWORK
THAT WAS IN P ACKET INITIALLY BUT THEN
NOT CONTINUED ONTO THURSDAY'S
COMMISSION AGENDA IS AT THE BACK OF
THIS AGENDA PACK.
ACTION AGENDA - CLEARWATER CITY COMMISSION MEETING
Wednesday, February 5, 2003 - 6:00 P.M. - Commission Chambers
ITEM #1 - Invocation - Commissioner Hibbard
ITEM #2 - Pledqe of Alleqiance -Mayor
Mayor requested a Moment of Silence in memory of Columbia's astronauts & John
Jenkins.
ITEM #3 - Presentations: - Given
a) Pinellas County draft ordinance regarding regulation of fireworks.
b) Presentation of "Poppy Day" kickoff poppy.
c) Introduction of Nagano students, teacher. and tour guide.
ITEf'0 #4 - Proclamations - Given
a) Library Appreciation Month - 02/2003
b) Clearwater Marine Aquarium Week - 02110-16/2003
ITEM #5 - Approval of Minutes - 1/23/03 regular meeting
ACTION: Minutes approved as submitted,
ITEM #6 - Citizens to be heard re items not on the Aqenda:
Shirley Moran complimented the Commission regarding the Mutual Aid agreement with Largo and the new
dog park.
PUBLIC HEARINGS
ITEM #7 - Public Hearinq & First Readinq Ordinance 7060-03 approvinq the applicant's request to vacate the
16-foot alley Iyinq alonq a line 2 feet west of and parallel to the west property line of Lot 6. Block 16, Map of
Belleair, (A.K.A. 509 "0" Street), subject to the retention of a drainage and utility easement over the westerly
15 feet of the alley, (V2002-13 City of Clearwater)
ACTION: Approved. Ordinance passed 1 st reading.
Public Hearing - Second Reading Ordinances
ITEM #8 - Ord 7064-03 - Approve the petition for Annexation for 1740 Raqland Avenue (Lot 55, Clearwater
Manor Subdivision) (Charlotte Sisk ANX2002-10017)
ACTION: Ordinance adopted.
ITEM #9 - Ord 7065-03 - Approve Land Use Plan Amendment from County Residential Low (RL) to City
Residential Low (RL) for 1740 Raqland Avenue (Lot 55, Clearwater Manor Subdivision) (Charlotte Sisk
ANX2002-10017)
ACTION: Ordinance adopted.
ITEM #10 - Ord 7066-03 - Approve Zoninq Atlas Amendment from County R-3, Residential Sinqle-Family
District. to City LMDR. Low Medium Density Residential District for 1740 Raqland Avenue, (Lot 55, Clearwater
Manor Subdivision) (Charlotte Sisk ANX2002-10017)
ACTION: Ordinance adopted.
ITEM #11 - Ord 7067-03 - Approve the petition for Annexation for 1925 Ashland Drive (Lot 51, Citrus Heights
Manor First Addition) (Janet Ergang ANX2002-10018)
ACTION: Ordinance adopted.
ITEM #12 - Ord 7068-03 - Approve the Land Use Plan Amendment from County Residential Low (RL) to City
Residential Low (RL) for 1925 Ashland Drive (Lot 51, Citrus Heights Manor First Addition) (Janet Ergang
ANX2002-10018)
ACTION: Ordinance adopted.
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Commission Action Agenda 2003-0205
02/05/03
ITEM #13 - Ord 7069-03 - Approve the Zoning Atlas Amendment from County R-3. Residential Sinqle-Familv
District. to City LMDR. Low Medium Densitv Residential District for 1925 Ashland Drive (Lot 51, Citrus Heights
Manor First Addition) (Janet Ergang ANX2002-10018)
ACTION: Ordinance adopted.
ITEM #14 - Ord 7070-03 - Approve the petition for Annexation for 2400 Varsity Drive (consisting of Metes and
Bounds 42/02 in Section 7, Township 29 South, Range 16 East) (George Hunt ANX2002-10016)
ACTION: Ordinance adopted.
ITEM #15 - Ord 7071-03 - Approve the Land Use Plan Amendment from County Residential Urban (RU) to
City Residential Urban (RU) for 2400 Varsity Drive (consisting of Metes and Bounds 42/02 in Section 7,
Township 29 South, Range 16 East) (George Hunt ANX2002.10016)
ACTION: Ordinance adopted.
ITEM #16 - Ord 7072-03 - Approve the Zoninq Atlas Amendment from County A-E, Aqricultural Estate
Residential District, to City LMDR. Low Medium Densitv Residential District for 2400 Varsity Drive (consisting
of Metes and Bounds 42/02 in Section 7, Township 29 South, Range 16 East) (George Hunt ANX2002-
10016)
ACTION: Ordinance adopted.
ITEM #17 - Ord 7091-03 - Approve the applicant's request to vacate the 5-foot drainaqe and utilitv easement
Ivinq alonq the West property line of Lot E, Rollinq Heiqhts Subdivision (A.K.A. 2316 Drew Street), less the
north 20 feet thereof. (V2003-01 Drew Park LLC)
ACTION: Ordinance adopted.
ITEM #18 - Ord 7093-03 - Approve the petition for Annexation for property located at 107 Hampton Road
(consisting of Metes and Bounds 13/04 and a portion of 13/044 in Section 17, Township 29 South, Range 16
East) (Limited Properties, Inc, & Hampton Road Development Corp. ANX2002-12023 and LUZ2002-
12013)
ACTION: Ordinance adopted as amended.
ITEM #19 - Ord 7094-03 - Approve the Land Use Plan Amendment from Residential Urban (RU) to
Residential/Office Limited (R/Ol) for_property located at 107 Hampton Road (consisting of Metes and Bounds
13/04 and a portion of 13/044 in Section 17, Township 29 South, Range 16 East) (Limited Properties, Inc. &
Hampton Road Development Corp, ANX2002-12023 and LUZ2002-12013)
ACTION: Ordinance adopted as amended.
ITEM #20 - Ord 7095-03 - Approve the Zoninq Atlas Amendment from County Zoninq A-E, Aqricultural Estate
Residential District to City 0, Office District for property located at 107 Hampton Road (consisting of Metes and
Bounds 13/04 and a portion of 13/044 in Section 17, Township 29 South, Range 16 East) (Limited Properties,
Inc. & Hampton Road Development Corp. ANX2002-12023 and LUZ2002-12013)
ACTION: Ordinance adopted as amended.
.
CITY MANAGER REPORTS
CONSENT AGENDA (Items #21-30) - Approved as submitted less Item #30.
ITEM #21 - Approval of Purchases per Purchasinq Memorandum:
a) Tampa Bay Engineering Group, Clearwater, Florida, engineering service for drainage improvements along
Canterbury Road from Jeffords S1. to Allen's Creek for $69,138. (EN)
ITEM #22 -Approve the aqreemenVloan with Mt, Carmel Community Development Corporation of
Clearwater, Inc., in the amount of $445,000 to use Community Development Block Grant and HOME
Investment Partnership Program funds for the acquisition of real property and development of an elderly
rental community in the North Greenwood Area.
2
Commission Action Agenda 2003-0205
02/05/03
ITEM #23 - Authorize settlement of the workers' compensation claim of Claimant. Edwin Feldhaus, i'l its
entirety to include medical, indemnity and attorney fees for the sum of $80,000.
ITEM #24 - Approve the appropriation and transfer of $450,000 of the unrestricted fund balance of the
General Fund to the Harborview Center Fund to eliminate the deficit net current asset balance at 9/30/02.
ITEM #25 - Authorize lease purchase financinq for a diqital photo identity card system and award a contract
to Diversified Business Machines, Inc, in the amount of $107,847.03 and increase capital improvement
budget by $14,000 from $94,000 to $108,000.
ITEM #26 - Approve increasinq contract to Lunz Prebor Fowler Architects of Lakeland, Florida in the amount
of $27,000 from $192,313 to $219,313 to expand the scope for the design and permitting of the skate park at
the Ross Norton Park Recreation and Aquatics Center.
ITEM #27 - Accept a perpetual 35-foot drainaqe and utility easement dated October 1, 2002 over and across
a portion of Block "V", Hibiscus Gardens conveyed by Dennis Melucci and Sandra W. Melucci.
ITEM #28 - Authorize an increase of $10,000 to the monetary limit on the contract with the firm of John
Fernandez for outside counsel services related to representation in Crouch v. City of Clearwater. et al,_Case
No. 93-2860-CI-21, including any interlocutory appeal proceedings, for a new contract total of $ 90,000.
ITEM #29 - Approve the collective barqaininq aqreement as neqotiated between the City of Clearwater and
CWA Local 3179 for Fiscal Years 2002103,2003/04, and 2004/05.
ITEM #30 - Community Development Board - 2 Appointments
ACTION: Reappointed David Gildersleeve and Edward Mazur, Jr.
OTHER ITEMS ON CITY MANAGER REPORT
ITEM #31 - Adopt Res. 03-08 to approve a Joint Proiect Aareement with the State of Florida's Department of
Transportation to install natural Qas mains during improvement project, FPN:256336-1-52-01/WPI No.
7115979/SPN: 14570-3518/Pasco County, SR 54, from Mitchell Road to Gunn Highway, at an estimated cost
of $300,150.
ACTION: Approved. Resolution adopted.
ITEM #32 - Other Pendinq Matters
a) Adopt Res. 03-11 supporting proposed Pinellas County Fireworks Ordinance.
ACTION: Resolution adopted.
CITY A TIORNEY REPORTS
ITEM #33 - Other City Attorney Items
a) Authorize settlement of City v. Oaks of Clearwater, Inc., Case No. 01-1214-CI-07.
ACTION: Approved.
ITEM #34 - City Manaoer Verbal Reports
a) Hurricane Shelters
ACTION: Commissioner Jonson to discuss with TBRPC the County's process to approve funding for
construction of shelters.
b) Update re enforcement efforts in Clearwater Pass.
ACTION: Update Given.
3
Commission Action Agenda 2003-0205
02/05/03
Special CRA meetings
ACTION: 2/28/03 & 3/21/03 special CRA meetings to be rescheduled for a single dat&, to be announced,
ITEM #35 - Commission Discussion Items
a) Infill Discussion
ACTION: No Change.
CountyWide Traffic Siqnal System
ACTION: City Attorney to work with Vice Mayor to draft amendments to propose to the MPO resolution,
to clarify language regarding concept and Intent and titling the resolution as conceptual. Additional
concerns that must be addressed relate to levels of service, phases of implementation, and an exit
strategy.
ITEM #36 - Other Commission Action
Hibbard invited residents to the 2/13/03 Art for the Animals fund-raiser at the Clearwater Marine Aquarium.
Aunqst said the City had made a good decision regarding going forward with the new Memorial Causeway
Bridge. He distributed information regarding problems related to the functionally obsolete Sanibel
Causeway Bridge.
Aunqst reported discussion with the City of St. Petersburg resulted in a reduction in the charge to
Clearwater related to relocation of water lines at Kapok Mobile Home Park, from $70,000 to $50,000.
Hibbard expressed concern regarding negative comments made by the CWA President. Commissioner
Hibbard stated the City is a good employer, which provides better benefits than the private sector, including
merit increases and medical insurance coverage.
Hibbard and Hamilton invited residents to visit tho now dog park.
Gray and Aunqst said on 2/1/03 the Mutual Aid agrooment between the Clearwater and Largo Police
Departments was signed, followed by the grand oponing of the dog park, which the Outdoor Arts
Foundation had participated in, making it attractlvo ond fun.
Jonson referenced a proposal to deregulate tho roto of reimbursement for government employee meals.
Consensus was to support deregulation and Imploment home rule regarding this issue.
Jonson thanked County Commissioners Welch and Seel for attending tonight's meeting and discussing
relevant issues.
Jonson and Hamilton expressed sadness regarding the death of John Jenkins, who had made great
contributions to the City.
Hamilton congratulated the Tampa Bay Buccaneers for winning the Super Bowl.
Hamilton wished Jonson a happy first wedding anniversary.
Aunqst said on 1/18/03, he and his wife had attended the Holocaust Museum liTo Life 2003 Award,"
honoring Holocaust survivor Lisl Schick.
Aunqst said Tampa Mayor Greco had been gracious to include Mayor Aungst and the Mayor of S1.
Petersburg in Super Bowl Festivities, including the 1/28/03 parade to honor the Tampa Bay Buccaneers.
4
Commission Action Agenda 2003-0205
02/05/03
Aunqst said on 1/29/03, the Belle Harbor murals, painted by the Outdoor Arts Foundation artists, were
unveiled and provide a unique way to enhance the appearance of construction sites.
Aunqst said on 2/3/03, he and his wife had attended the American Public Gas Association dinner and
welcomed attendees from all over the country.
Aunqst said on 2/4/03, he and his wife had helped celebrate the 94th birthday of Muriel Watson, director
and co-founder of the Watson Center for the Blind and Visually Impaired.
Aunqst invited residents on 2/10/03 at 5:30 p.m., to attend the Public Meeting at the Harborview Center
regarding the CRA expansion boundaries.
Aunqst reported on 2/10/03, he and his wife will attend the Disabled American Veterans meeting to honor
Bernice Ayers, the Silver Rose Medal winner for wounds received as a result of ionizing radiation exposure
during World War II.
Aunqst invited residents on 2/12/03 to attend a Town Hall meeting at Kings Highway Recreation Center
and be part of discussions regarding the City's Cultural Arts Pro~ram, Fire & Rescue Fire Station
Development Plan, and Construction Updates.
Aunqst reported the new Beach Police Sub Station will host a grand reopening on 2/14/03 at 1 :00 p.m. at
700 Bayway Blvd.
Aunqst reported the next Work Session is scheduled for 2/18/03, at 9:00 a.m.
ITEM #37 - Adjournment - 9:06 p.m.
5
Commission Action Agenda 2003-0205
02/05/03
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DRAFT
PIi'lELLAS COUNTY ORDINAi'iCE NO. 02-
AN ORDI1"Ai'lCE OF THE COU~TY OF PINELLAS, PROVIDING A
REGULATORY MECHANISM TO ENFORCE THE PROVISIONS OF
FLORIDA STATUTES CHAPTER 791 REGARDING THE SALE AND
USE OF FIREWORKS; AMENDING THE EXISTING STATUTE TO USE
THE DEFIi'lITIONS PROVIDED FOR IN THAT STATUTEj PROVIDING
THAT THE PURCHASER OF ANY FIREWORK PRODUCE REQUIRED
DOCUMEi'iTATIOi'i SHOWING EXEMPTION FROM, OR
COMPLlA~CE WITH, THE STATl:TEj REGULATING THE STORAGE
AND SALE OR USE OF SPARKLERS; REGULATING THE PUBLIC
DISPLAY OF FIREWORKS; PROVIDING RECORD KEEPING
REQUIREMENTS ON VENDORS OF FIREWORKS WITHIN PINELLAS
COUNTY; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Florida Statute Chapter 791, provides limitations on thc sale and use of
items defined undcr this chapter ItS "Fireworks"; and
WHEREAS, many injuries to both persons IUld propcrt)' occur cltch year 11S a result
of improper use and illegal sale of fircworks being sold under the guise of being sparklers
and, therefore, legal for consumer purchltse and use; IUld
WHEREAS, the impropcr use lllld illegal sltle of items purporting to be lawful
sparklers Cllllse life and propert)' threatening fires and fire hazards; and
WHEREAS, it is deemed necessary to protect the lives and property of the people of
Pinellas County, Florida, through regulatory mcasurcs designed and intended to reduce
pcrsonal injury and proper!)' damage lllld minimize the possibilit)' of fires and the crelltion
of fire hazlll'ds; and
WHEREAS, by the adoption of this ordinance, it is the intention of the Board of
Count)' Commissioners of Pinellas Count)', Florida, 11S the governing board of the Fire
Protection Authorit)' of Pinellas County to facilitate the enforcement of the statutol1'
pro,'ision of Chapter 791, Florida Statutes.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF PINELLAS COUi'iTY, FLORIDA SITTING AS THE FIRE
PROTECTION AUTHORITY:
Section 1 - Section 62-81 of the Pinellas Count)' Code is hereby amended to read as
follows:
Page 1 of8
( I ^ '_'lnlcIJt~al!d..c'icll.~~1~~~lk;lU.L~',jl!.5~!JI!Jl;~\ !CJm'\~!!lo.lm':!!.IC!.J:ik~\OI_~l:JjL~~.!.lJ ~s (JL~!!!J!l,(_~C! ~1\~r)J :,'J.:O} IIIUg.!1
IIr U 11.\. >.,: I: '.\:.:->!. J{~~:\'U \"-~d_Y blU.! ~r t!~_!.~ujfu'! H ~.I;ilg~\~ }.tt'i.."'~ 'rb_OrJll\.iI!.h~~!.t'l:'!i'}n:l::H~,~f~!tgILJt illi.~",
DRAFT
Sec. 62-81. Definitions.
A uthorit\' - "A uthori!)~..sllal uncall thc_Pi 1l~1.!h~J 'ouIlJYJ:jI~t\IHJlOriJ)'.,
As used -'-~[ci n,Jh~JeS!!l:~_~'D r.e~~:Qfk(~_,_'.:SPjl!,J:;k.r~::,:~rl.:ta i 1.I.:C, ..'-\IJ~DI.:.~n ler","d i strihu Il)"",
alld "manu facture.." s.hallllil~eJJw _~IJ.nc_IJJe:1I1lDgj'~.1'll~cjficd i!~\il:S1Lt~IJ}~~I_.Q I, Ilori.ll;lSJatlltcs.
3. As used herein "sl.'lll:r" shall n:tl:r 10 I.'ilhl.'r a \\llI)ll.:"a"-'" or rl.'(ailer as an.pn)pri:llc (ll thl.'
I.
,
l:ol1ll.:'l 1'1' I hI.' Ira"s:tl:lil'".
=1:he-following-words.-l~/'ms-lInd-phf'lls~s.wh~Il-lIsed-ill'l h is.d i v isil )fl.shllll- hll v~- I h~
mean i ngs-usori bed-lo-l hell \ ,i Il-l hi s-secl ion.e !\~ept--whe/'e,t he-~on le!\ I,d en/' I y-i no io IIles.l\. d i tTerenl
meanin!f.
F-i ft' worh-n \~lIlls-n nd-ill~ludes'u Il y-com bu 51 ib Ie-or-~ x plos i ve-oom pos il iOll.or-u n y
Sll bslunl..'e-t.'lr-i..'BIl\binal iOIl-or~lIhsl u I\I..~5;-Qr-device.pr-epllr~ OF-I he-pllrpose-of..prod uci Il g-u .
visi hle-oF-i\ IHUld ihle-eflel..'t-h~ol\\buSl iOll,eXplosion.denugral iOIl.-or-delollal iOllou Illl-shu II
i nc-l ude-h lu Il k-cnrt rid ges;-I oy-pis lols.-loY-CIlI I nons.-t oy-cnnes.w-I 0 y-gu Il s-i n-wh id l..e!\ p Il)s i ves-II re
II sed.n re(;/'Uck ers..torpt~do~s.-skyroek et s.R OIlH\ n-c-und les.-JHgo-bombs..-or-olller-dev ices-o 1:1 i ke
l..'BIlst Hlet lOlH\Il{I-uIl~levic-es-€Ontalnillg-ally-e.Xpl(}5ive-er-AanHllahle-€(:)InpolllHi,eI'-l\I\y-tablet-of
olllel'-dev-fc-e-t,'Ont H in l Il bl-tl Il-e x Illosi ve-su bstalH;erl:IHHef'/lr!!41rework~IH\JJ--not-inelllde-spu r!\-Iers.
us,defined-ilH Ills-seet ion.{lllto-flare5,paper~npH'Bnto inillg--nol-ill~xcess-of-uIHI vemge-ol:O~f
n-gnl i 1H:)f-e!\plesw~'t)ntellt-per-e{\Ir,;\lld-toTPtstol5..10y-eulles.-tQy-gllllS-OF-Ot Iler-dev-lees-fof-\Ise
of~udH'Ups.-tJle-sa le-and-use-o{:Wh ieh-is-I3ermi I ted-ut-a II-time:r.
=1:Jle-ternl...!.!.fjr~wor-kHhaJ l-not-inelude-the-novelt ies-and-triok-nOlSel\ll\ker-5-Hsted-below-.wh i<..>ll
slmll-be-per-nl itted-{\t-aJH.fmt's.unle55-pf{)hibtted-by-f..,s~l~h
( I ) Snlikt.~mtLW01'Hr.-Pre5sed-pelJet-ej:pyretec...hnk>-eQmposlt ton-that-prodlll..'es-n
lar-ge.- slll\ke-Jik-e-ush-upon-burn.ftlg.-+Jle-u5h~.pUll{is-iIl-JellgtiHls-t Ile-pellet-llllffl:r.
+hese-devl(''e5-fm\y-net-oontaln-mereur~e-tJlioeyunat~
(2) Smf}kt'-t'~i~be-eF-5phere pyreteehni~fllposttien-HHH.-upoll-ignit iOll,
proouees-whtte-1)r-et)lered-smek-e-as-the-pr.ffllnry-effect-:
(-3 ) T r iek-noisemtlke~tenHhal-j}roouees-a-sml\ll-fellOf1-itHellded-t0-51lrprise-t Ile-user-;
Page 2 of8
l:"~P0..'IHllC!H5_ ;\Il~_'j~lJi!!g~SJ;!!\t'J~,!u~!~(.aL~~!!ing~:Uc!!]p~rEnJJ!!cmlj..fih'~\DU;}TlrC~\_(.I1b~l, Ir.IIIIJneC -.\ CI ~I(ln 1-.' 1-0.\ IOllgh
,lratL~l!', I~~t -:\;, :H!:'.:::\LE.\~!~~;:Jilt~~ljf" ~\ill!h'f,.I):~!!.~~~ 1.,...~ir~'fh.,'!..'][\'-'lll"I'~:::_\-~l'-"....rL 1..:..'....1,.. r~ '1lgh\h li 1\ .,1. ,,"'
DRAFT
These-eev-iees-ille-l\lee+
a. P al'/y-pOpPt'f'f--Smatt-plastie-er-pal>eHtem-<-entatni llb'-noHnore-thllll-+6
mi Iligr-alns-e~-plesi-Ye-eempestt1en-HlaHs-fAet-ion""5en5iti~tr-ing
prBtruding-fr-enHlle-dev-i~ul-led-te-ign1te-ih-ex-peltinb>-a""plll>eF
strealner-alld-J*OOuelllg-fHlOOl-l-r-epor-h
b. BeOfl.l4MfJ; Small tuge-witlt-stfing protruding-ffOHl-Oeth....ends,sinHlar-to
a-pllrty-popper-tn-de5ign~he-end5-e1411e-stFing-are-put led-to-ign ile-tlle
frietion-sensit.i ve-eempos11iOfl,produe-ing-a-snllllt-r~pefh
c. Sflapper.---Smlllh-paper-wr-appe<HtenK-elltain ing-tHnillute-quallt i l)'-{) f
eXf>losi"'e-i..>enlp05ttion-c-eat~n-smatl-bits-el:.sand~lell-df{)pped.ltle
~~lodes, produetng a small report.
d. T,"i<.>k-ma/elr.-Kttclien-{)r-book-mate-ll-tHat-Has-been-(:--eated-witIHHllla It
quantity 0 f ex plBswe-er-pyroteellnie-oompositiOf\S;-{Jpon-ignit i{)n-eHhe
match, a small report or a sho.....er of sparks is produee4
e. CigaFelle-lotid:-SmaU-wooden-peg-that-has becIK-eated-with....n-smat I
E\uantity of explosive composition. Upon ignition of a l,;igure<<e
eontaifling--etle--el4l1e-jJegs,a-smalkeporHs-proouee<h
f, , I uw-bu"gltH'-6Io""H;'-+ube-whie-ll-OOlltain5-pyrotet.~lIlie-oompo5it1on....thut
proouees-a-loo4-wfliSHe-8f1tilBF-snleke-whelHgll.jted7"f\-slllllll-<tuantity--ef
e-x-p los i 'ie, Ilet e xc eeding~()....mmigralll5,flllly-a lso-be-used-t{)....proouee-a
small-re,)()~IHs-used-to .ignite4he--de-viee.
Sptl1'-klel'!i-tneall5-Qllly-those-spafkieFs-whiclHlre-hnlldheld-er-gr{)und-hased,w\\iell-fneans
tl\e-tr-aeitional-pyfOteehnie-oolllpositiOll-eOOted-wire-eHlBH~~6-inehes-total-lellgtl\-with-a
eemeustible-llead-Hm.jted-to--ene-quaFter-{)HtlHneIHIHlian\eter-wlHeh-enlits sllowers-ef-s'lllf'ks
Upell-beiflg-bumed-aftd-wtlietHiees-t~"aiIHlll~pl{)siYe-ootl~poullds-afl<kloes-tlBt-detelll\te
er~.pIede-8fl{kannet-pr{)pel-itself.tllf{)ugh-th~-uir.-ilnd-whietHs-designed-afld-€OnstfOOted-so-t~ll\t
afHntegr-aI-part--ef4he-spafk.ler-is-a-flOneembustible--l)()rt i{)IHlt-leasHme-tllir4-us-long-as-t Ile
Page 3 of 8
L~12'!~!!!11Cn!5.l1!1"'.leJ\!!lg~\!.\l!IJ;!!\tL!!\:;J1 Sell i!lgilJ!;!!1~"I!UJ!*~ IJLtlJjl~LK.l..!lir~~.,.r1, t lrtl!!]:I!KI;. .:.\. C!' jo,Ll~J l.:n.1. ,()ugh
\1!a(L\I(~cE:~~"!!i.K\~\EEY~~ T \'1\1!lHjlJt.il!!lbL'fi~Hr~~1.~8t~~" "-~_Pt;jjnulli~-~ ['moo -I..:;; l-H.4-1.\~I~ ..I, !1 It"'. '"
DRAFT
spurM~I'-in-its~n tir~ty-:
(-Grd;-1'\Jo.-&6-~"-I. 2 II 8<B
Gross-Referencesl-Definit iells-generall~-I~
Section 2
ns follows:
Section 62-84 of the Pinellns County Code is hereby nmended to rend
Sec. 62-84. Stornge nnd sale of sparklers;
LSparklers shall bc stored and sold in the unincorporated and incorporated areas oCthe
county in accordance with the zoning laws, fire prcvention code, license laws of the county and
permits issucd by the local fire oflicial having jurisdiction and all other state and local laws;
;!. Allmanulllcturers. distributors. and wholesalers of snark leI's shall be register~ with
the StJltc Division of Fire Marshall nursuant to Section 791.0 IS, Florida Statutes.
3. A rctailcr of sparklers shall be requircd to com pi\' with the provisions of Section
79 L&LSlorida Statutes.
(Ord. No. 86-9, S 2, 2-11-86)
Section 3
as follows:
Section 62-85 of the Pinellas County Code is hereby amended to rend
Sec. 62-85. Prohibition Against Fireworks: Exceptions: Permits and Regulations.
Excent a~ro\'ided in Sections 791.02. 791.04. or 791.07. Florida Statutes. or under
Divisil1n 2 of this Article. it shall be unlawful for any person. firm. p-artnership. or corp-oration to
offer for sale llt wholesale or retail. expose for sale at wholesale or retail. use or explode any
fireworks within the county.
2 Any person. firm. partnership. or cOl'P.oration engaging in the sale. at retail or
wholesale. or in the distributing or manufacturing of fireworks must first awlY. for and secure a
permit rrom the Authority. The application for such penllit shall include proof that the anplicant
is registered with the Division orthe State Fire Marshal as a wholesaler. distributor of
manufacturer of fireworks p-ursuant to Section 791.0 IS. Florida Statutes. and shall be
accompanied by a permit fee in an amount to be established by resolution orthe Board oCCount)'
Page 4 ors
CJ2ll"!I!!W!!I~_i!!)\l5~nlJm~~~g.I'I!!l~;Iu_t.~i1l~~lt.in~\TCJlll~~EU'~Jl!~m~L!i!.:'" 0 I K~~j[~!}J.1~J,-'.l'!.mn!lC~~~ C!~()Jt I~J t -O}J ('Jlgb
110111, ,ll!.:I:--=-l ;I'EH~_',\ r .')~'t.\LYJ:~l!n;:!IJ.'A~II1!.~i.\- 'l~ir~~i'th~:~.Fir~~B!!< (~.J!i!ll:!lj,~-\-~!~_'_'l;1=~J~,!Jt,I_llgh Jtftlb"-'I,'
DRAFT
CQlJ.lm iss i.9n~rs Illld_ sue h officI' in ConTIat iOJL::!L<.h:_~_ll}c'!'L!l~cc~sarsJ1Y.lIJg.l\uJll~1l'i ty, Till: \ ut Il~ )rit \
shall den:l!)p an aflida\'it \\hich all sl:lkrs ~)f lin.'''orks \\ithin thc ('011111\ .;hall us\.' 10 dCI\.'rll'i.ill::
thc Clllitkl11cllt 01' :111\' !,un.:haser at n.:tail (11' wholcs:lk 1(1 hu\' lirl'w~lI'ks.
L-"DK I'!!fshas~r of llJJl-n.[I..'.~~JlL~UlllJst 1J1J:111 shJQJIJcsgJler,dlt. th~ Jim!:. ~)c.sa le,,(1[(l(l.rO r
iJlel1t i fication and, i C1IPrJj_c..!1l.21~PJ~1.QrtJHltJh~_hu.l~r.L"--,J~gb.tereJl~iII}Jhc.J~iy[sj..\-}lLQUltt;. _S,liJle
[i rc i\ ill rs h aLill.1Yls 0 tll~ r'\\' i s,~ in co llJ 121 i'li.~g_~:i tl.U:.'hn )l!~~.2<?LL E I.p.rhln-,';;t ,1JlJJ ~ s. 'Ih C sc I 11.' I' .; Il a II
rl.'lain a en!,\ nf all\ proof (11' r~llisll':lli(1n prc';l'n1cd,
4 Th~ selicI' must nlni!llnlIJiLP_~.Jlll'1l1~Jll,,-P!1-s..iW_[~cJ:2I.d.J.2f alL"uJt;.o~...i!l~.lm!lr.lg thc nanl~
;!lld addr~ss ar~i!.t;ll.l21!rchas~r.l~ fornl.pi.mJLclm~r's idclJjjJJeiltio.ll ,dOll!.! \\ ith all\' uniquc
idl'lItifier associated with that idcntilkatillll (L',t.'., dri\'ers lil:~lIse numher), and proal' of
!:.~istrajj'pn and l:amplianc~ with Ch,!pt~r 791,Jlorida Sta.tuh:s. If the sell~r d~terJ11ines that
registrat ion undgJ:'h.m2t~r 79lJ.s not r~.mUI~51.,J.b~JJl1~~sis lQr_ SlH.:.nsxcepJj..9lJ or eX~!!1PjiQ!!
~Jall be re~.~.)J'(led,
5 Arn:..person, fIrnklml1nershil~r cormlration who is nat registercd with the Division
of the Stat~ Fir,c Mqrshal and who, pursuant to Section 791.04, Florida Statutes, purchas~s
Q[cworkuar sl1jpment din:ctlv aut ofth~ state, shall not be allowed to takc possession of su~b
lircworks. 'Ole seller shall retain the possession af such fireworks and shall be respansiblc for
~hiI2ning same to the purchascr at an out-of-stat~ paint of delivcr.'.
6 An.y.ILcrsan, linn, pal1nership- or corporation who is not registcrcd with the Division
of the State Firc Marshal and who, pursuant to Scction 791.07, Flarida Statutes, purchases
lireerackers far fri~htening birds must providc to thc seller a CORY of the statemcnt that has becn
filed with and stampcd as received by thc Pincllas County Sheriff's Office Qursuant to the rules
prescribed by th~ Department of Agriculture and Consumer Services. The seller shall be rcguireq
to maintain the stamped copy 0.1' the statcmcnt in addition to the information reguired in
pJ!r..ngruph 4 above.
7 The purchascr of fireworks to be us~d bv a railroad or other trnnsDortatioll a!.!.cncv
must DI'll\'idc a l:OpV of the business license or other !.!.O\'CI'nment issued document ~videncing that
the purl:hascr is a legitimate railraad or transnortatianlll;encv. ;\ comllwrcial drivers license. by
itself. dacs not meet the requir~mcnts of this s~cti(ln. A copv of this document must be
maintained hy tlw seller.
X The purchaser 01' Iireworks to. he used in quarr.'in!.!. or 1'01' blastin!!. or other industrial
lISC mllst produce a coPY of the quarry or mine p~rmit or bllsine~;, licensc. The seller shall
maintain a cop" of this proal' and notc the use for which the fireworks shall be used.
9 The purchaser of fireworks to h~ us~d for Sill.llal or ceremonial purposes ill athletics
PU{!C 5 of 8
l.:,J~'.2.~!!!l,,'l\_,-,!nd_s~n!!lgSs.g,l)Ullc"u.:.Lo"JI-,~l;llin~,',Tcmr.!~i.l!l.l!!!~rn~JJ'jlc~.ID!J.';.1,\I:.irc\\Il!"~.( )rdII Iall\:,' .\ C''''llll.I-..I.II.. "'"gh
dr J !ld. -.: F :'~l ;!'h H \-'f~ LLY'" 1,n~j.E l.:b!\~\\l!fu'fJll\I:J[~~~\~h~E~~')f h~J)J..hf\!!II.,.\' -1.0.:'1 .'!' Ifl..I~,II-II.l "'\li!h .h uti ,Ill 'I'
DRAFT
\II' SPIll-is mus!. in additi\lJl tll pr\lllt' 01' identilicationllllbt specify the Illcatil)nl)rthc c\cntthe
lir~'works \\ ill be used at. the date :lI1d timc n"thc ~\'ent ancl the sponsor o"the l'\ en!. The
pur~hascr Illust pnl\ ide \Hillen pnll)" that the sponsor or the c\'ent has a!!.rced to the nse pI' the
lir~'\\lll'ks and that thl..' purchaser lias Ilbtail1l..'d the nccessal'\' Count' l'f \luni~ipal perlnit PlIr:>lIanl
to F.S. ~il) 1.02.
I (\ The pun:haser or lirc\' 11J'ks tn IK' IIsed \w 111 i I itar\' orl!an ilat ions I)f' the ;\ rllled hll\:CS
Ill'thc I JnitcJ Swtl.:S mllst pro\'ide d(lculllentation idclltit\'inl!. the I)r!.!anilatil)n and specil\ in!.! thc
cia', tillle and placc the tire\Vorks arc to hc used and the nature ortheir us!.:. Irthc lire\\l1rks are to
he used lw the Armed hIrers oCthe Unitcd States. d\)cumentation 1'1\)111 thc commandil1l.1 \lnicer
or till: deta<.:h1111'nt spl.:cit\in!.! the datI.:, tilllc and place that the firc\\orks \Viii hI.: uSl.:d.
.II All anpronriate local and state nermits, registrations and licenses must be displa\~ed-.m
~~h rcta ii, wholesale, d istributinl!., or manu facturi ng site-,-
I ~ Thl' selh:r 111 list maintain copics 01't11l: rl'cords required In- this chaptl.:r atthl.: Int;atilln
wher!.: the sale took place fnr a period ofonc \ear I'romth!.: date ofthl' sale. If the lot;atinn Il"the
sale \Vas in a temporal'\' facilitv. the rl'cords must hc maintained atth:!t site for the duration or the
cxistence of the tcmpI)rarv facilitv. In an\' evcn tltc records Illust be l11aintaincd for a pcriod Ill'
one veal' at a klcation within Pincllas Count\' and that location shall be listeo on thc application
fnr the permit rromthe Autlwrit\'. Thes!.: records l11ust he available and provided upon request 1'01'
the insl2cction bv Fire l)r La\\' Enfl)rCClllcnt officials.
SECTION" S~ctinn 62-89 of th~ Pinellas COllllty e()(ll' is h~n'h,' cr~atl'd to read as
folluws:
Sec. 62-89 - Pcnaltil's for ,'iolatioll of this Cha(lter.
I. V inlat ions of tit is chapll:r shall bc punishable as set 1(.H'th undcr SCl.:. 1-8
or the Pincllas COllnt)' Codc.
")
The In\\' enforccl11enl a~el1c\' having iurisdiction has thc authoritv to
illllllcdialclv closc nnv busincss that is sdlin!.!. fircworks without the appropriate state alld
local permits. The seller shalltakc nppropriate action to sccure the fireworks durin!.!. the
period or closure either bv s!.:cllrill~ thcl11 ill an anpropriate locked fad lit\' that Illcets tire
codc standards or through the crnplovlllcllt of appJ'Opriah.~ securitv pcrsonnel. I I' this
aClion is not taken il11lll!.:diatcly uponlh!.: closurc of the busincss as set forth abo\'C. the
appropriatc law enforcement agcncy may nhtain such securit\' at the expensc of and the
Page 6 of H
l'.\P"\'III1JC111~JUld-2c\lJl1g\\cg\'u~k~u:I ~l",115\.tllng,~iLCJ!lI'.\.'.!al.Um~rllcU:!I("()1 ,",I.~!'irc\~ p,b.l IrdlllUlKC .:\ Cl '1011 1,31.(1,1 [\'ugh
.II all d(\cF\I.~Io+j{Y~r\ ! IY~I~ I YI'lfl 1'1'11". r\\Il/.h'fll) \1;'-le\'.."I.~+irl!~~\llh.' Ir.hllulll'''.'.\\'I.,h!11J.-.l.':.1I.1.f\\ttgh,ltilli.,h''-'
DRAFT
ri-;k Ill' thl' hu:>iness lhat has not obtained securit\ Ill' their 1m nand tltis I.:.\pense shall hc a
lienl)n thl' husinesse~ assets. Thl.: -:l\)sure shall remain in eftc~tuntil such time as lltl.:
nl'~eS-;ary IK'r1l1its hm I.: becn obtained. The closun: shall be in additinntll am Sal1l:tilln
lllhl..'r\\ isl' a\ aihk lindeI' -;tate la\\ 1)1' this t;ode.
3. Ira hUsin~'-;s has Ill'l'n cited for a \ il)lation orthis cltapll'1' and \\ilhin 1.1
da\ s llr that \ illlal inn is cited al.'.ain. the law cnfor~ement allen~\ havinl.'. iurisdictilln ha...
thc authority tll illlllll.:diateh' close am business that is sellin!.!. fire\\orb, lhl.: selll'r shall
take appropriate actil)ntc) secure the tirl.:\\'orks durin!.!. the peril)d nr dllsurl.: either 1)\
sl'~lII'inl! thcl11 in an apPI\)priate IIKh'd fitcilitv that meets tin: codc standards or throu!!.h
lhc clllplm'lllent o!'appropriatc sct;urit\, personnel. If this action is Iwl taken iml11l.:diall'h
upon thc chlsure of thc hllsinl.:ss as set forth aho\'l'. the appropriate la\\' I.:nll)rCl.:ll1l.:nt
a!.!l'nt;\ l11a\ obtain such securit\, at thc l.:.\pensL' or and the risk ol'the husinl.:ss that has
notohtaincJ ~ecuritv o!'their 0\\ n and this cxpense shall bc a lien ontlw businesses
assets. The closlll'l.: shall remain in ctTect until such tillle as thc neccssal'\ permits llil\e
bccn ohtaincd. The closure shall be in addition to any sanction othclwisc a\ailablc under
statc la\\' or this codc. The lirst c1oslII'c shall hc for a pcriod of not less than '..f holll's to
allow thc busincss to take Iltl.: l1l.:CCSSal'\' action In t;orrectthe yiolations. In thc event or a
violation Ol.:curring within 14 days after a closurc. thc apprnpriale law enlllrccment
!,!g.enc\' mav close thc busincss under the tl.:rl11S scl forth abm'l.: ll)r a pcriod not to cxcced
7 da\'s. ^ \iolation within 1.1 davs of the sccond closure shall result in the suspension of
the businesscs Counl\' perm it 1'01' a pcriod of not less than 45 days.
l!r-ohibitiOlh
E-x€ept-as-prey.fded-tfH~'-19-h02,il--5hllJ l-be-tffllawful-fof-lln y-pef'Son-to-ef4ef'-lor-sllle.
expose-for-saIe,-seIJ-at-reta i l,or--use-er-explode-any-firework-s-tn-t he-\.'Ount-y:
~Fd~tr.-S6-9,S 3, 2 II 8~
_(Ord, No. 98-5, g 3, 1-6-98)
Pal!c_7 of X
<,.':) ~l '':!!!l\(,:ll!\ ;II]J, ~~!] llll!.'. ,-,gl)ll!I,i!lJ~L Q~ a.l.SJ:,U,l.l]g.~ \I'CIIl{l"hIDJ.!!Wf!IC!.E! k,1 !}I,~ HjrC~lll."'_I, lrd lI1al1'~. :\..~.I." 1\'11 u I.: 31 :11,' IOllgh
dtatl d,(\,:,Lq~~EB:'~n:+)~~!!Yb IlJJ\FJ!,,--"-\uJho_'f,\!}\!;il~~"_.':!~:0;i!c.\\.o!h~~ _)ltItHili!i'<.'::--':C.!.~I"1.l J __'1:'1.', It,ug.!! '''illi ,J,,,,
DRAFT
Section 5
Effective Date.
The provisions of this ordinance shall become effective upon minI!. of a certified
cop\' of this ordinance with the Department of State.
Page 8 of8
QIAl>:UI1ICUts and Si:tliUgS\CC.\lu.!k~u\I.Qcal Si:t1jn~\TC:l11p'()rar\' Iut.:mct Fiks\OI.I\J\FircwQI!;$ Ordinanci: '\'crili1.lLl:J.l.:PJ rollg!l
~Iro II doc&l-f,~I;J{S~I:t~\'l.t\H:@!11lEi[h\U!1.";~:f!!~Eif_~h~~I.~Pr<liltlll!tl'-...erSitlfl4-;~ti..ftllgh.drl1n~t"
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Clcarwater City Commission
Agcnda Covcr Memorandum
Work session Item #: /Jh/ t
Final Agenda Item # /j
----,
Meeting Date: 02/05/03
SUBJECT/RECOMMENDATION: Approve the applicant's request to vacate the 16-foot alley lying
along a line 2 feet west of and parallel to the west property line of Lot 6, Block 16, Map of
Belleair, (A.K.A. 509 "0" Street), subject to the retention of a drainage and utility easement over
the westerly 15 feet of the alley, and pass Ordinance Number 7060-03 on first reading, (V2002-13
City of Clearwater),
~ and that the appropriate officials be authorized to execute same,
SUMMARY:
· The subject request is to vacate the remaining 16 feet of an alley that was previously 18 feet in width; the
easterly 2 feet of the alley was vacated in 1984.
. The City is requesting this vacation because a building at 509 "0" Street encroaches approximately 3 inches in
to the alley, Approval will bring the property in to closer compliance with current zoning regulations, and
provide incentive for improvements to the property.
. The Planning Department has no objections provided that the property owner of 509 "0" Street combines the
vacated and adjacent property with a unity of title declaration to reduce the extent of existing nonconformities
on site.
. Florida Power and Verizon have no objections provided that an easement is retained over the full width of the
alley. Verizon Media Ventures and Time Warner Cable have no objections to the vacation request.
. Pubic Works Administration has no objections to the vacation rCcluest.
Reviewed by'. 61' "
Legal ;~ 0P I
L 1",_./
Budget NfA
Purchasing NIA
Risk Mgmt NIA
tnfo Srvc
1
Originating Dept: , I\. 41
Public Works Admln~Jrat\on
Steve Doherty
,.....A" lj:..., ___ -Vser Dept.
V) N/A
rJH('
N/A
Costs N/A
Total
Public Works
DCM/ACM
Other
Current FY
Funding Source:
CI
OP
Other
Attachments
Submitted by: M
City Manager
~ ~1-.-
Ord. 7060.03
Location Map
Appropriation Code:
o Printed on recycled paper
VACATION 2002.13 City of Clearwater
ORDINANCE NO. 7060-03
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, VACATING THE 16-FOOT ALLEY LYING ALONG
THE WEST PROPERTY LINE OF LOT 6, BLOCK 16 OF
MAP OF BELLEAIR SUBDIVISION, TOGETHER WITH A
VACATED TWO-FOOT ALLEY PORTION LYING
ADJACENT TO THE WEST PROPERTY LINE OF SAID LOT
6, SUBJECT TO A DRAINAGE AND UTILITY EASEMENT
WHICH IS RETAINED OVER WESTERLY 15 FEET OF THE
ALLEY; PROVIDING AN EFFECTIVE DATE,
WHEREAS, City of Clearwater, clo David L. Parsons. owner of real property
adjoining the alley described herein, has requested that the City vacate the alley depicted
in Exhibit A attached hereto; and
WHEREAS, the City Commission finds that said alley is not necessary for
municipal use and it is deemed to be to the best interest of the City and the general public
that the same be vacated; now, therefore.
BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER. FLORIDA:
Section 1. The following:
the 16-foot alley lying along the west property line of Lot 6. Block 16 of Map of
Belleair Subdivision, as recorded in Plat Book 1. Page 105 of the Official Records
of Hillsborough County, Florida of which Pinellas County was formerly a part
together with the vacated 2-foot alley portion lying adjacent to the west property
line of said Lot 6, subject to a drainage and utility easement to be retained over the
westerly 15 feet of the alley.
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.
Section 2. The City Clerk shall record this ordinance in the public records of
Pinellas County, Florida, following adoption.
Section 3. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
Ordinance No, 7060-03
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
Attest:
Cynthia E. Goudeau
City Clerk
Ordinance No. 7060-03
EXHIBIT "A"
Scale 1" := 50 I
This is not a survey
-16'
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Vocation Requested
By App/ican t
"D"
STREET
CITY or CLEARWATER. rLORIDA
PUBLIC WORKS ADMINISTRATION
ENGINEERING
"E" STREET
c.ll" IT CITY OF CLEARWATER CCIlll
O.KING VAC2002-1J
lHCIlR ... VACATION REOUEST MIl
S.O, 16' ALLEYWAY 2 CY (\
.." tIt'f~ TWP-"C
12/12/2002 WEST OF LOT 6 BLOCK 16 21-79S-1~
MAP Of BElLEAIR (HI-IOS) ...........
J05e 7050-0J
(,//
Second Reading J
Q_R~J NAN_G .E_NO!_7j)_64-J)~
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE
WEST SIDE OF RAGLAND AVENUE, APPROXIMATELY 1900
FEET SOUTH OF SUNSET POINT ROAD AND 450 FEET EAST
OF BELCHER ROAD, CONSISTING OF LOT 55 CLEARWATER
MANOR SUBDIVISION, TOGETHER WITH ABUTTING RIGHT-
OF-WAY, WHOSE POST OFFICE ADDRESS IS 1740 RAGLAND
AVENUE, INTO THE CORPORATE LIMITS OF THE CITY, AND
REDEFINING THE BOUNDARY LINES OF THE CITY TO
INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE,
WHEREAS, the owner of the real property described herein and depicted on the map
attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the
City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable
requirements of Florida law in connection with this ordinance; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
~_~_cti.9JJJ. The following-described property is hereby annexed into the City of Clenrwater
and the boundary lines of the City are redefined accordingly:
Lot 55, Clearwater Manor Subdivision, according to a map or plat thereof, recorded
in Plat Book 41, Page 66, Public Records of Pinellas County, Florid(:\ together with
abutting right-of-way, (ANX 2002-10017)
Section 2. The provisions of this ordinance are found and determined to be consistent
with the City of Clearwater Comprehensive Plan, The City Commission hereby accepts the
dedication of all easements, parks, rights-of-way and other dedications to the public, which have
heretofore been made by plat, deed or user within the annexed property, The City Engineer, the
City Clerk and the Planning Director are directed to include and show the property described
herein upon the official maps and records of the City.
~ection 3. This ordinance shall take effect immediately upon adoption. The City Clerk
shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the
Circuit Court and with the County Administrator of Pinellas County, Florida, within 7days after
adoption, and shall file a certified copy with the Florida Department of State within 30 days i3fter
adoption.
PASSED ON FIRST READING
January 23, 2003
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
Attest:
Cynthia E. Goudeau
City Clerk
Ordinance No, 7064-03
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PROPOSED ANNEXA TION
OWNER: Charlotte Sue Sisk
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1740 Ragland Avenue
FROM:
TO:
ZONING
R.3 1 County
LMDR
~ ASE: ~N~_~002-1001~
.-----l.PROPERTy SIZE-(ACRE-S): 0.15
___..______ Lf!..~Y' ~~_~_i A ~~_~~t-_~Q!,____~____
LAND USE PIN: 06/29/16/16506/000/0550
RL __.____......__.____. .__. ____.____._..
RL ATLAS 263A
PAGE:
Exhibit "A"
Ordinance No. 7064-03
Second Reading
I
, I
/
ORDINANCE NO. 7065-03
. ,. -..._- - - "..------..----- ~_...- ~
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE
COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE
LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE
WEST SIDE OF RAGLAND AVENUE, APPROXIMATELY 1900
FEET SOUTH OF SUNSET POINT ROAD AND 450 FEET EAST
OF BELCHER ROAD, CONSISTING OF LOT 55, CLEARWATER
MANOR SUBDIVISION, TOGETHER WITH ABUTTING RIGHT-
OF-WAY, WHOSE POST OFFICE ADDRESS IS 1740 RAGLAND
AVENUE, UPON ANNEXATION INTO THE CITY OF
CLEARWATER, AS RESIDENTIAL LOW (RL); PRO\l1DING 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:
~_e_cligr1-.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, upon annexation into the City of Clearwater, as follows:
Property
Lot 55, Clearwater Manor Subdivision, according
to a map or plat thereof, recorded in Plat Book 41,
Page 66, Public Records of Pinellas County,
Florida, together with abutting right-of-way
(ANX 2002-10017)
Lal"ld Use Cate9Q!Y
Residential Low (RL)
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 immediate~ upon adoption, contingent upon
and subject to the adoption of Ordinance No. 7064-03, and 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 S 163.3189, Florida Statutes.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
January 23, 2003
Brian J. Aungst
Mayor-Commissioner
.A:8P!oved ?~~ t~~- 0, i,;
'Jy~&( - I '0...( . _~-~/i
Leslie K. Dougall-Sicle~
Assistant City AttorrteyJ
Attest:
Cynthia E, Goudeau
City Clerk
Ordmance No. 7065-03
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FUTURE LAND llSE PLAN MAP
OWNER: Charlotte Sue Sisk
CASE: ANX 2002-10017
SITE: 1740 Ragland Avenue
PROPERTY SIZE (ACRES): 0.15
R.O.W. SIZE (ACRES): 0.01
FROIA:
TO:
ZONING
R-31County
LMDR
LAND USE
RL
RL
PIN: 06.129/16/16506/00010550
ATLAS PAGE: 2G3A
,," [';,lI.-.r'l \.M-{'ltbfUOT:t'C n:1' "nn(,H~'.~'U'Cl.~ -.hp' ~SX200i 1('\)17
Ordinance No. 7065-03
ITEM # 10
Second Reading /;
QBJltt:-J~ N C J;J~tQ~20~~:Q~
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE ZONING ATLAS OF THE CITY BY ZONING
CERTAIN REAL PROPERTY LOCATED ON THE WEST SIDE OF
RAGLAND AVENUE, APPROXIMATELY 1900 FEET SOUTH OF
SUNSET POINT ROAD AND 450 FEET EAST OF BELCHER
ROAD CONSISTING OF LOT 55, CLEARWATER MANOR
SUBDIVISION, TOGETHER WITH ABUTTING RIGHT-OF-WAY,
WHOSE POST OFFICE ADDRESS IS 1740 RAGLAND AVENUE,
UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS
LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN
EFFECTIVE DATE,
WHEREAS, the assignment of a zoning district classification as set forth in this ordinance
is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive
plan; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Se~!.Lon 1. The following described property located in Pinellas County, Florida, is hereby
zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is
amended, as follows:
pJ".QQertv.
~olJiDgJ2Jstrict
Lot 55, Clearwater Manor Subdivision, according
to a map or plat thereof, recorded in Plat Book 41,
Page 66, Public Records of Pinellas County,
Florida, together with abutting right-of-way
(ANX 2002-10017)
Low Medium Density
Residential (LMDR)
Section 2. The City Engineer is directed to revise the zoning atlas of the City in
accordance with the foregoing amendment.
Section 3. This ordinance shall take effect immediately upon adoption, contingent upon
and subject to the adoption of Ordinance No. 7064-03.
PASSED ON FIRST READING
January 23. 2003
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
/'
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I
Attest:
Cynthia E, Goudeau
City Clerk
Ordinance No, 7066-03
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OWNER: Charlotte Sue Sisk I CASE: ANX 2002-10017
17 40 Rag!~~-d-- A ~~~-ue-----=~=_~~C:~~~~_~~~~E~~~~~;L__~~:15~=~~_____-=_~-=_
-----.-------- ZONi-NG--.---------------- LAND USE ! PIN: 06/29/16/16506/000/0550
R- 3 I County RL :__________.__.__._ _____ ,_ _______
M R RL ATLAS 263A
L 0 PAGE:
SITE:
FROM:
TO:
Ordinance No. 7066-03
. ;1'/
Second Reading
ORDINANCE NO. 7067-03
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE
SOUTH SIDE OF ASHLAND DRIVE, APPROXIMATELY 900 FEET
WEST OF HERCULES AVENUE AND 550 FEET NORTH OF
UNION STREET, CONSISTING OF LOT 51, CITRUS HEIGHTS
MANOR FIRST ADDITION, WHOSE POST OFFICE ADDRESS IS
1925 ASHLAND DRIVE, INTO THE CORPORATE LIMITS OF THE
CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY
TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the owner of the real property described herein and depicted on the map
attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the
City pursuant to Section 171,044, Florida Statutes, and the City has complied with all applicable
requirements of Florida law in connection with this ordinance; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following-described property is hereby annexed into the City of Clearwater
and the boundary lines of the City are redefined accordingly:
Lot 51, Citrus Heights Manor First Addition, according to map or plat thereof as
recorded in Plat Book 47, Page 29, Public Records of Pinellas County, Florida
(ANX 2002-10018)
gection 2. The provisions of this ordinance are found and determined to be consistent
with the City of Clearwater Comprehensive Plan. The City Commission hereby accepts the
dedication of all easements, parks, rights-of-way and other dedications to the public, which have
heretofore been made by plat, deed or user within the annexed property, The City Engineer, the
City Clerk and the Planning Director are directed to include and show he property described
herein upon the official maps and records of the City.
Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk
shall file certified copies of this ordinance, including the map attached hereto, withthe Clerk of the
Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after
adoption, and shall file a certified copy with the Florida Department of State within 30 days after
adoption.
PASSED ON FIRST READING
January 23, 2003
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
AP~ed as to form>-j . ,'-
r;.i~~: p.! )(d1'a'.-..g fh
Leslie K. Dougall-Sides( .'
Assistant City Attorney -'
Attest:
Cynthia E, Goudeau
City Clerk
Ordinance No, 7067-03
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PROPOSED ANNEXA TION
OWNER: Janet Ergang
1925 Ashland Drive
SITE:
i'
,
1
ZONING
R-3 I County
LMDR
FROM:
TO:
.
c:
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CASE: ANX 2002-10018
... -rPR-O-PE-RT'y-'SIZE--CACR-es"):-'--" "0-.1-9._". ....-.-
LAN~L U.SE' ........-- n '-'-T'~'~_~-~~~~2_B~~5.~~5-5'~2T~-~~/~O~1~~
RL I ATLAS 242A
PAGE:
Exhibit "A"
Ordinance No. 7067-03
Second Reading
If',
, '
!
ORDINANCE NO. 7068-03
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE
COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE
LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE
SOUTH SIDE OF ASHLAND DRIVE, APPROXIMATELY 900 FEET
WEST OF HERCULES AVENUE AND 550 FEET NORTH OF
UNION STREET, CONSISTING OF LOT 51, CITRUS HEIGHTS
MANOR FIRST ADDITION, WHOSE POST OFFCE ADDRESS IS
1925 ASHLAND DRIVE, UPON ANNEXATION INTO THE CITY OF
CLEARWATER, AS RESIDENTIAL LOW (RL) 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:
~~ctiQ..ll.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 he hereinafter described
property, upon annexation into the City of Clearwater, as follows:
propert~
Lot 51, Citrus Heights Manor First Addition,
according to map or plat thereof as recorded in
Plat Book 47, Page 29, Public Records of
Pinellas County, Florida (ANX 2002-10018)
1-_~_nd Use CategQ!Y.
Residential Low (RL)
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, contingent upon
and subject to the adoption of Ordinance No. 7067-03, and 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 S 163.3189, Florida Statutes.
PASSED ON FIRST READING
Januarv 23. 2003
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Af~ved as to fo,;;:u: . .'1
rr;~/t.l . ?<~ ~t..)'Ja;;t2 ~Z~
Leslie K. Dougall-Sic(e~
Assistant City Attorney
Attest:
Cynthia E, Goudeau
City Clerk
Ordinance No, 706B-03
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FUTURE LAND llSE PLAN MAP
OWNER: Janet Ergang
CASE: ANX 2002.10018
SITE: 1925 Ashland Drive
PROPERTY SIZE (ACRES): 0.19
FROM:
TO:
ZONING
R.3 / (County)
LMDR
LAND USE
RL
RL
PIN: 36/28/15/15552/00010510
ATLAS PAGE: 242A
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Ordinance ~0. 7068-03
Se: :)nd Reading
" ~)
,I
Q_RDINANg_E_ ~Q. 7069:9_~
AN ORDINANCE OF THE CITY OF CLEARW,':' iER. FLORIDA.
AMENDING THE ZONING ATLAS OF THE Cl-Y BY ZONING
CERTAIN REAL PROPERTY LOCATED ON T~= SOUTH SIDE
OF ASHLAND DRIVE. APPROXIMATELY 900 FEET WEST OF
HERCULES AVENUE AND 550 FEET NORTH OF UNION
STREET. CONSISTING OF LOT 51. CITRUS H~ !GHTS MANOR
FIRST ADDITION, WHOSE POST OFFICE ADDRESS IS 1925
ASHLAND DRIVE, UPON ANNEXATION INTO THE CITY OF
CLEARWATER. AS LOW MEDIUM DENSITY RESIDENTIAL
(LMDR); PROVIDING AN EFFECTIVE DATE.
WHEREAS. the assignment of a zoning district c1assificat::n as set forth in this ordinance
is found to be reasonable, proper and appropriate. and is consister: with the City's comprehensive
plan; now. therefore.
BE IT ORDAINED BY THE CITY COMMISSION C?= THE CITY OF
CLEARWATER, FLORIDA:
~e.f!ion..-1. The following described property located in Pire!las County. Florida. is hereby
zoned as indicated upon annexation into the City of Clearwater. ar,j the zoning atlas of the City is
amended, as follows:
e[QR~
Zoning Distric:
Lot 51, Citrus Heights Manor First Addition,
according to map or plat thereof as recorded in
Plat Book 47. Page 29, Public Records of Pinellas
County, Florida (ANX 2002-10018)
Low Medium Density Residential
(LMDR)
~ectlon 2. The City Engineer is directed to revise th-e zoning atlas of the City in
accordance with the foregoing amendment.
Section 3, This ordinance shall take effect immediately u:::>on adoption. contingent upon
and subject to the adoption of Ordinance No. 7067-03.
PASSED ON FIRST READING
Januarv 23. 2003
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
Attest:
Leslie K. Dougall-Si e
Assistant City Attorney
Cynthia E. GOl.deau
City Clerk
Ordinance No 7069-03
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ZONING MAP
SITE:
1925 Ashland Drive
----- --------------1 P ROPE-R TY S I Z E (A C RES): 0.19
_____ ..______________.1.._ n_ _~______.___..___
--------. ------.--.---------.-- -.------. . --- - ---r--------- - ---- ------- ---- ---- ----- ----
LAND USE : PIN: 36128/15/15552/000/0510
RL
RL
I CASE: ANX 2002-10018
-.____..1_____- __,_______.___________ _ ___.._ ___
OWNER:
Janet Ergang
FROM:
TO:
ZONING
R- 3 / County
LMDR
ATLAS
PAGE:
242A
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Ordinance No. 7069-03
Second Reading
/-'j
ORDINANCE NO. 7070-03
AN ORDINANCE OF THE CITY OF CLEARWATER. FLORIDA.
ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE
NORTH SIDE OF VARSITY DRIVE, APPROXIMATELY 2,000
FEET NORTH OF DREW STREET AND 1,000 FEET WEST OF
OLD COACHMAN ROAD, CONSISTING OF METES AND
BOUNDS 42/02 IN SECTION 7, TOWNSHIP 29 SOUTH, RANGE
16 EAST, WHOSE POST OFFICE ADDRESS IS 2400 VARSITY
DRIVE, INTO THE CORPORATE LIMITS OF THE CITY, AND
REDEFINING THE BOUNDARY LINES OF THE CITY TO
INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the owner of the real property described herein and depicted on the map
attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the
City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable
requirements of Florida law in connection with this ordinance; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following-described property is hereby annexed into the City of Clearwater
and the boundary lines of the City are redefined accordingly:
See Legal Description attached hereto.
(ANX 2002-10016)
Section 2. The provisions of this ordinance are found and determined to be consistent
with the City of Clearwater Comprehensive Plan. The City Commission hereby accepts the
dedication of all easements, parks, rights-of-way and other dedications to the public, which have
heretofore been made by plat, deed or user within the annexed property. The City Engineer, the
City Clerk and the Planning Director are directed to include and show the property described
herein upon the official maps and records of the City.
Section 3. This ordinance shall take effect immediately upon adoption, The City Clerk
shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the
Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after
adoption, and shall file a certified copy with the Florida Department of State within 30 days after
adoption.
PASSED ON FIRST READING
January 23. 2003
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
Attest:
, I. \.
Cynthia E, Goudeau
City Clerk
Leslie K, Dougall-Sides
Assistant City Attorney
Ordinance No, 7070-03
Legal Description for ANX 2002-10016
Legal Description taken from the Updated Boundary & Topographic Survey
dated 10/30/02, prepared by Cypress Land Consultants, Inc.
LEGAL DESCRIPTION:
A part of the Northwest One-quartp,r of the Southeast One-quarter of Section .7, Township
29 South, Range '6 East, Pinel/as County, Florida: being fUfther described as follows:
From the Northwest corner at" he Southeast One-quarter of said Section 7, run thence
S. 89' 59 '16 -E.. alon9 the [ost - West One- half Section Line, 8, 12 feet for the Point of
Beginning; thence continue 5.89'59'16"[., along the East-West One-half Section Line,
49739 feet; thence S.OO'OO'44"W., 600.00 feet; thence N,89'59'16"W., 502.95 feet;
thence N 00'32'35"E., 600.03 feet to the point of 8~ginning.
AND
Part 0; the Northwest 1/2 of the Southeast 1/4 of Section 7, Township 29 South, Range
16 East, Pinel/as Coun~y, Florida, further described as follows: From the Northwest
corner of the Southeast 1/4 of said Section 7, nm 5.89'S9'16"E., along the Eost-West
one-half section line, 8,12 feet; Thence S.00'J2'J5'W, 600.0J feet; thence South
89'59'16"[., 211,60 feet to the Point of Beginning; thence continue 5.89'59'16"[.,
291.35 feet; thence 5,00'00'44 'W, 71.62 feet; thence 5.89'53'31 T" 165.52 feet;
thence 5.00'48'51 "W., 461.96 feet; thence N.89'47'45"W" 484,16 feet; thence
N.OJ'38'2rE.. 53326 feet to the Point of Beginning.
...._LE..SS
A parcel of (ond in the Sot,;theast 1/4 of Section 7, Township 29 south, Range 16 East,
Pinel/os County, non'do, described as follows' Commence at the Northeast corner of Lot
45, COLLEGE HILL ESTA rES SUBDIViSION, as recorded in Plot Book 64, page 44
of the Public .Records of Pinel/as County, Florida: thence N.03'38'27"E., along the East
line of said subdivision, 8. 11 feet to th~ pomt of Beginning; thence continue
N.OJ '38 '27 "E" 52.00 feet to the Northeast comer of Varsity Drive.. thence
S.89'59'16~E., 90.32 feet; thence S.OO'2S'52'"E., 71.28 feet; thence 5.89'S3'31"[.,
366.86 feet; thence S,OO'48'51'W., 461.96 feet; thence N.89'47'4.5'W., 485,01 feet;
thence N.OJ'38'2rE" along ths East line of said COLLEGE HILL ESTATES and its
southerly extension, a distance of 36J.61 feet,' thence S.86'27'46"E., 42.45 feet; thence
N.00'25'52"W,. 120.00 feet; thence N.89'57'06"W., 34,00 feet to the Point of
Beginning. '.
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PROPOSED ANNEXATION
SITE:
2400 Varsity Drive
ZONING
A- E/(Counly)
LMDA
I ~ROPERTY
LAND USE
AU
AU
I
ICASE: ANX _~?~2-10016
SIZE (ACRES): 7.15
OWNER:
George A. Hunt
FROM:
TO:
PIN: 07129/16/00000/420/0200
ATLAS
PAGE:
2818
~
Exhib:t "All
Onl i n[\I1ce ~(). 7070 -OJ
'.)
Second Reading
. /.
/')
./
ORDINANCE NO. 7071-03
AN ORDINANCE OF THE CITY OF CLEARWATER. FLORIDA,
AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE
COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE
LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE
NORTH SIDE OF VARSITY DRIVE, APPROXIMATELY 2,000
FEET NORTH OF DREW STREET AND 1,000 FEET WEST OF
OLD COACHMAN ROAD, CONSISTING OF METES AND
BOUNDS 42/02 IN SECTION 7, TOWNSHIP 29 SOUTH, RANGE
16 EAST, WHOSE POST OFFICE ADDRESS IS 2400 VARSITY
DRIVE, UPON ANNEXATION INTO THE CITY OF
CLEARWATER, AS RESIDENTIAL URBAN (RU); 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 comjJrehensive 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, upon annexation into the City of Clearwater, as follows:
Property
Land Use Cateqorv
See Legal Description attached hereto.
(ANX 2002-10016)
Residential Urban (RU)
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, contingent upon
and subject to the adoption of Ordinance No. 7070-03, and 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 9 163.3189, Florida Statutes.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
January 23, 2003
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
Attest:
Leslie K, Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No, 7071-03
Legal Description for ANX 2002-10016
Legal Description taken from the Updated Boundary & Topographic Survey
dated 10/30/02, prepared by Cypress Land Consultants, Inc,
LEGAL DESCRIPTION;
A port of the Northwest One-quarter of the Southeast One-quarter of Section 7, Township
29 South, Range /6 fast, Pinel/as County, Florida; being further descn'bed os follows:
From the Northwest corner of he Southeast One-quarter of said Section 7, run thence
5.89'59'16-[., 010119 the East-West One-half Section Line, 8.12 feet for the Point of
8eqinninq: thence continue 5.89'59'16"[" along the East-West One-half Section Line,
497,39 feet; thence S.00'OO'44 "W., 600.00 feet; thence N,89'59'16"W., !502.95 feet;
thence N.OO'32'35 wE., 600,03 feet to the point of Beginning.
AND
Pari of the Northwest 1/2 of the Southeast 1/4 of Section 7, Township 29 South, Range
16 East, Pinel/as County, Florida, further described os follows: From the Nor~hwest
comer of the Southeast 1/4 of said Section 7, run S,89'S9'16"E., along the East-West
one-half section line. 8,12 feet; Thence S.00'J2'J5"W" 600.03 feet; thence South
89'59'16"E., 211,60 feet to the Point of Beginning; thence continue S.89'59'16"E.,
297.35 feet; thence 5.00'OO'44''W" 77,6,2 feet; thence S.89'5J'31'F., 165.52 feef;
thence 5.00'48'51 W., 461.96 feet; thence N.89'47'45"W., 484.16 feet; thence
N,OJ'38'27'T. 533,26 feet to the Point of Beginning.
...,__L~SS
A parcel of land In the So:"'theost 1/4 of Section 7, .Township 29 south, Range 16 East,
Pinel/os County, non'da, described os follows' ,Commence ot the Northeast corner of Lot
45, COLLEGE' HILL ESTA rES SUBONISION, os recorded in Plat Book 64, page 44
of the Public .Records of Pinel/os County, F1on'da; thence N.03'J8'27"E., along the East
line of said subdiyision, 8. 11 feet to the point of Beginning; fhenc8 continue
N,03 'J8'27 "E., 52.00 fefJt to the Northeast comer of Varsity Drive,. thence
$.89'59'16"E., 90.32 feef; thence S,OO'2S'52''t.,71.28 feet; thence S.89'S3'31 ''E.,
366.86 feet; thence $,00'48'51 'W., 467.96 fefit; thence N.89 '47'4,5"W., 485,0' feet;
thence N.OJ'J8'27"E.. along the East line of said COLLEGE HILL ESTATES and its
southerly ex tens/on, a distance of 363,61 feet; thence 5.86'27'46"[., 42.45 feet; thence
N.OO '2S'52 "W" 120.00 feet; thence N.89'57'06'W:, 34.00 feet to the Point of
8eginnin9.
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OWNER: George A. Hunt
SITE: 2400 Varsity Drive
FROM:
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PROPERTY SIZE (ACRES): 7.15
PIN: 07/29/16/00000/420/0200
ATLAS PAGE: 2818
Ordinilllce ~o. 7071-03
Second Reading
/f
ORDINANCE NO. 7072-03
AN ORDINANCE OF THE CITY OF CLEARWATER. FLORIDA.
AMENDING THE ZONING ATLAS OF THE CITY BY ZONING
CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE
OF VARSITY DRIVE, APPROXIMATELY 2,000 FEET NORTH OF
DRE'N STREET AND 1,000 FEET WEST OF OLD COACHMAN
ROAD, CONSISTING OF METES AND BOUNDS 42/02 IN
SECTION 7, TOWNSHIP 29 SOUTH, RANGE 16 EAST, WHOSE
POST OFFICE ADDRESS IS 2400 VARSITY DRIVE, UPON
ANNEXATION INTO THE CITY OF CLEARWATER. AS LOW
MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the assignment of a zoning district classification as set forth in this ordinance
is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive
plan; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following described property located in Pine lias County, Florida, is hereby
zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is
amended, as follows:
Property
Zoninq District
See Legal Description attached hereto.
(ANX 2002-10016)
Low Medium Density Residential
(LMDR)
Section 2. The City Engineer is directed to revise the zoning atlas of the City in
accordance with the foregoing amendment.
Section 3. This ordinance shall take effect immediately upon adoption, contingent upon
and subject to the adoption of Ordinance No. 7070-03,
PASSED ON FIRST READING
January 23, 2003
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
Attest:
", .' .., t. / ,~i" ."j / - .:.. t.,'i
" '. t' . ~ - . .' , t .
Leslie K. Dougail-Sides. '.
Assistant City Attorney'
Cynthia E. Goudeau
City Clerk
Ordinance No. 7072,03
Legal Description for ANX 2002-10016
Legal Description taken [rom the Updated Boundary & Topographic Survey
dated 10/30/02, prepared by Cypress Land Consultants, Inc,
LEGAL DESCRIPTION:
A part of the Northwest Ont~-quarter of the Southeast One-quarter of Sect/on 7, Township
29 South, Range 16 Eost, Pinel/as County, Florida; being further described as follows:
Fram the Northwest corner of he Southeast One-quarter of said Section 7, run thence
S.89'59'16"r.. along the East-West One-half Section Line, 8.12 feet for the Point of
Beginning; thence ~ontinue 5.89 '59'16"E., along the East-West One-half Section Lino,
497.39 feet; thence 5,00'00'44 "W., 600.00 feei; thence N.89 '59'16"W., 502.95 feet;
thence N. 00 '32'35 ~E" 500. OJ feet to the point of Beginning,
AND
Part of the Northwest 1/2 of the Southeast 1/4 of Section 7, Township 29 South, Range
16 East, Pinel/as Coun~y, Florida, further described as follows: From the Nor~hwest
corner of the Southeast 1/4 of said Section 7, run S.89'59'16"e" along the East-West.
one-half section line, 8,12 feet; Thence S.OO'J2'351f" 600.03 feet; thence South
89'59'16"[., 211,60 feet to the Point of Beginning,' thence continue 5.89'59'16"[.,
291.35 feet; thence S.OO'OO'44"W., 71,6J feet; thence S,89'53'J1't:,. 165.52 feet:
thence 5.00'48'51 "W., 461.96 feet; thence N.89'47'45'W., 484.16 feet; thence
N.OJ'J8'27"[" 533,26 feet to the Point of Beginning,
...LESS
,. ,
A parcel of land in the Southeast 1/4 of Section 7. Township 29 south, Range 16 East,
Pinellas County, Flon'do, described os fol/ows: ,Commence at the Northeast corner of Lot
4.5, COLLEGE HILL ESTA TES SUBDNISION, as recorded in Plat 800k 64, poge 44
of the Public .Records of Pinel/os County, Florida; thence N.03 '.J8'27"E., along the East
line of said subdivision, 8. 11 feet to the point of Beginning; thence continue
N,OJ'J8'27"E" 52,00 feet to the Northeost comer of Varsity Drive; thence
S,89 '59 '16"[., 90.32 feet; thence S. 00 '25 'S2'"E., 71.28 feet; thencIJ 5.89 '53'3 1"E.,
366.86 feet; thence S,OO'4B'51 "W" 461,96 feet; thence N.89 '47'45 'W., 485.01 feet;
thence N.OJ'J8'27"E.. along the East line of said COLLEGE HILL ESTATES and its
southerly extension, a distance of 363,61 feet; thence S.86'27'46"E" 42.45 feet; thence
N.OO'25'52"W" 120.00 (Hot; lhonce N.89'57'06"lf;, 34.00 feat to the Point of
Beginning.
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OWNER: George A. Hunt 1 CASE: ANX 2002-10016
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FROM: A- E/(County) RU '__._ '_h_. .__,__.
RU ATLAS
TO: LMDR 2818
PAGE:
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Ordinance No. 7072-03
Second Reading
ORDINANCE NO. 7091-03
AN ORDINANCE OF THE CITY OF CLEARWATER.
FLORIDA, VACATING THE 5-FOOT DRAINAGE AND
UTILITY EASEMENT LYING ALONG THE WEST
PROPERTY LINE OF LOT E, ROLLING HEIGHTS
SUBDIVISION, LESS AND EXCEPT THE NORTHERLY 20
FEET THEREOF; PROVIDING AN EFFECTIVE DATE.
WHEREAS, Drew Park, LLC, owner of real property located in the City of
Clearwater, has requested that the City vacate the drainage and utility easement depicted
in Exhibit A attached hereto; and
WHEREAS, the City Commission finds that said easement is not necessary for
municipal use and it is deemed to be to the best interest of the City and the general public
that the same be vacated; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA:
Section 1. The following:
5-foot drainage and utility easement lying along the West property line of
Lot E, Rolling Heights Subdivision as recorded in Plat Book 43, Page 1,
Official Records of Pinellas County, Florida, less and except the northerly
20 feet thereof.
is hereby vacated, and the City of Clearwater releases all of its rights in the servitude as
described above to the owner of the servient estate thereto.
Section 2. The City Clerk shall record this ordinance in the public records of
Pinellas County, Florida, following adoption.
Section 3, This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
January 23, 2003
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
Attest:
-, ,- /
L ". f
Bryan D. Ruff
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No, 7091-03
/>
EXHIBIT "A"
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This is lH2i.. a survey
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DREW STREET
s. R. 590
01
CITY OF CLEARWATER. FLORIDA
PUBLIC WORKS AD~INISTRATION
ENGINEERING
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VACA nON REOUEST
DREW PARK, lLC
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12/24/2002 lOT "E. ROlliNG HGTS, SUB'N. 07-29S-1&
28lA LESS N, 20' THEREOf 7~J
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MJ:1
2 OF 6
Second Reading
" ...
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ORDINANCE NO. 7093-03
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE
EAST SIDE OF HAMPTON ROAD, APPROXIMATELY 280 FEET
NORTH OF GULF-TO-BAY BOULEVARD AND 100 FEET EAST
OF HAMPTON ROAD, CONSISTING OF METES AND BOUNDS
13/04 AND A PORTION OF 13/044, WHOSE POST OFFICE
ADDRESS IS 107 HAMPTON ROAD, INTO THE CORPORATE
LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY
LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the owner of the real property described herein and depicted on the map
attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the
City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable
requirements of Florida law in connection with this ordinance; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following-described property is hereby annexed into the City of Clearwater
and the boundary lines of the City are redefined accordingly:
See legal description attached hereto
(ANX2002-12023)
Section 2. The provisions of this ordinance are found and determined to be consistent
with the City of Clearwater Comprehensive Plan. The City Commission hereby accepts the
dedication of all easements, parks, rights-of-way and other dedications to the public, which have
heretofore been made by plat, deed or user within the annexed property. The City Engineer, the
City Clerk and the Planning Director are directed to include and show the property described
herein upon the official maps and records of the City.
Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk
shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the
Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after
adoption, and shall file a certified copy with the Florida Department of State within 30 days after
adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
January 23, 2003
Brian J. Aungst
Mayor-Commissioner
Attest:
Leslie K. Dougall-Sid
Assistant City Attorne
Cynthia E. Goudeau
City Clerk
Ordinance No, 7093-03
Legal Description for 107 Hampton Road
taken from DJL Survey dated 5/7/02; Order No. 02-723
DI~SCR 1.1''1' !.ON: PARCEL B
BEGI.N l"IWM TIm CENTER OF Sl':CTLON 17, TOWNSHLP 29 SOUTII, RANG I': 16 EAST,
P1.NI~Ll.AS COUNTY, "'LORIDA, AND RUN THENCI~ ALONG TIlE N/S CENTI~RLLNE OF
SA I.D SECT ION, ALSO TIlE R/W CI':NTI~RLINE OF I1AMPTON ROAD, NORTII 00020' 13"
WI~ST, 735.00 FEl':T; TIIENCE NORTII H90/,6'O.l" EAST, 130.00 FEl':'L' FOR A
POiNT OF Bl~GLNNiNG; 'fHI~NCE CONTlNUE NORTH 890/,6'01" I~AST, 1.0.00 FEET;
THENCE SOUTH 00020'1)" EAST, .1.31.85 I<~EET TO A POINT ON TIlE NORTH LINE
OF PARCEL C; 'l'llI~NCE NORTlI 89057'26.9" WEST, ALONG TIlE NORTH LLNE OF
PARCEl. C, 10,0 FEET; TIIJo:NCE NORTH 00u20'13" WEST, 131.85 FEET TO TIlE
POINT OF BEGINNING.
CONTAINlNG 1 ,31B SQUARE FEET.
DESCRl1'TION: PARCEL C-l
TIlE EAST 100.00 VEET OF THE WEST 230.00 FEET, LESS THE NORTII 730.00
FEET AND LESS TilE SOUTH 570.00 n:l':T OF TIlE SOUTHWEST 1//, OF THE
NORTHEAST LI/, 01" SECTLON 17, TOWNSHIP 29 SOUTII, RANGE 16 I~AST,
PI.NELI.AS COUNTY, FLORIDA.
CONTA1NING 0.1902 ACRES MORE OR LESS.
DESCRIPTION: PARCEL C-2
THE EAST 100.00 FEET OF THE WEST 230.00 FEET OF THE NORTH
190.00 FEET OF THE SOUTH 520.00 FEET OF THE SOUTHWEST 1/4
OF THE NORTHEAST 1/4 OF SECTION 17, TOWNSHIP 29 SOUTH,
RANGE 16 EAST, PINELLAS COUNTY, FLORIDA
CONTAINING 0.4362 ACRES, MORE OR LESS.
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PROPOSED ANNEXATION
Owner: Hampton Road Development Corp. & I Case: lUZ2002-120 13
Limited Properties. Inc,
I , Property I
I
Site: 107 Hampton Road l 0.69
I SizelAcres) :
Zoning land Use !
17/29/16/00000/130/0400
; PIN: 17/29/16/00000/130/0440
I
AE/ County RU I
From: !
, I
To: I 0 R/Ol A tlas Page: 291B
I . I
Exhibit A
Ordinance No. 7093-03
MOTION TO AMEND ORDINANCE NO. 7093-03 ON SECOND READING
Amend Ordinance 7093-03 to change the title to read as follows to correct a
scrivener's error.
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN
REAL PROPERTY LOCATED ON THE EAST SIDE OF HAMPTON ROAD, APPROXIMATELY
280 FEET NORTH OF GULF-lO-BAY BOULEVARD AND 100 FEET EAST OF HAMPTON
ROAD, CONSISTING OF METES AND BOUNDS 13/04 AND A PORTION OF 13/044 IN
SECTION 17. TOWNSHIP 29 SOUTH. RANGE 16 EAST, WHOSE POST OFFICE ADDRESS IS
107 HAMPTON ROAD, INTO THE CORPORATE LIMITS OF THE CITY. AND REDEFINING
THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN
EFFECTIVE DATE.
JJ~
Pamela K. Akin
City Attorney
February 5, 2003
Second Reading
j\/
ORDINANCE NO. 7094-03
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA.
AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE
COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE
LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON
THE EAST SIDE OF HAMPTON ROAD, APPROXIMATELY 280
FEET NORTH OF GULF-TO-BAY BOULEVARD AND 100 FEET
EAST OF HAMPTON ROAD, CONSISTING OF METES AND
BOUNDS 13/04 AND A PORTION OF 131044, WHOSE POST
OFFICE ADDRESS IS 107 HAMPTON ROAD, UPON
ANNEXATION INTO THE CITY OF CLEARWATER AS
RESIDENTIAL/OFFICE LIMITED (R/OL); 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, upon annexation into the City of Clearwater, as follows:
Property
See legal description attached hereto
(LUZ2002-12013)
Land Use Cateqory
To: Residential/Office Limited (R/OL)
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, contingent upon
and subject to the adoption of Ordinance No. 7093-03, and 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 S 163.3189, Florida Statutes.
PASSED ON FIRST READING
January 23, 2003
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Approved as to fqrm: -
'., I ._ ; , \-. _ ' (
',', ,,' _, .;\, " ',' (i .:- (
'Leslie K, Dougall-Sides~'
Assistant City Attorney
Attest:
Cynthia E. Goudeau
City Clerk
Ordinance No 7094-03
Legal Description for 107 Hampton Road
taken from DJL Survey dated 5/7/02; Order No. 02-723
Dl~SCRIPTlON: PARCEL 13
BI~GIN FROM THE CENTEK OF SI~CTION 17. TOWNSHiP 29 SOUTll, RANGE 16 EAST.
PINEl.LAS COUNTY, FLORIDA, AND RUN THENCE ALONG THE N/S CENTERLINE OF
SAID SECTWN, ALSO THE R/W CENTERLINE OF HAMPTON ROAD, NORTII 00020' 13"
WEST, 735.00 FEET; THENCl~ NORTH 890/,6'01" EAST, 130.00 FEET FOR A
POINT OF BEGINNING; TlIENCE CONTINUE NORTH 890/,6' 01" EAST, 10.00 FEET;
THIlliCE SOUTH 00020' 13" EAST, 131.85 FEET TO A POINT ON TIlE NORTII LINE
OF PARCEL C; THENCE NORTH 89057'26.9" WEST, ALONG TIlE KORTH LINE OF
PARCEL C, 10.0 FEET; THENCE NOKTH 00020'13" WEST, 131.85 FEET TO TIlE
POINT OF BEGINNING.
CONTAINI.NG 1,318 SQUARE FEET.
DESCRIPTION: PARCEL C-l
THE EAST 100.00 FEr:T OF TilE WEST 230. 00 FI~I~T, LESS THE NORTH 730.00
FEET AND LESS THE SOUTH 520.00 FEET OF 11m SOUTHWEST 1/1, OF THE
NORTHEAST 1//, OF SECTION 17, TOWNSHIP 29 SOUTH, RANGE 16 I;:AST,
PINELLAS COUNTY, FLORIDA.
CONTAINING 0.1902 ACRES MORE OR LESS.
DESCRIPTION: PARCEL C-2
THE EAST 100.00 FEET OF THE WEST 230.00 FEET OF THE NORTH
190.00 FEET OF THE SOUTH 520.00 FEET OF THE SOUTHWEST 1/4
OF THE NORTHEAST 1/4 OF SECTION 17, TOWNSHIP 29 SOUTH.
RANGE 16 EAST, PINELLAS COUNTY, FLORIDA
CONTAINING 0.4362 ACRES. HORE OR LESS.
II
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FUTURE LAND USE PLAN MAP
Owner: Hampton Road Development Corp. & Case: LUZ2002-120 13
Limited Properties. Inc.
Site: 1107 Hampton Road I Property 0.69
I Size(Acres):
Zoning Land Use I I
17/29/16/00000/130/0400
PIN: I 17/29/16/00000/130/0440
From: AE/ County RU I
To: 0 RiaL I Alias Page: 291B
Ordinance No. 7094-03
MOTION TO AMEND ORDINANCE NO. 7094-03 ON SECOND READING
Amend Ordinance 7094-03 to change the title to read as follows to correct a
scrivener's error.
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE FUTURE LAND USE PLAN
ELEMENT OF THE COMPREHENSIVE PLAN OF THE
CITY, TO DESIGNATE THE LAND USE FOR CERTAIN
REAL PROPERTY LOCATED ON THE EAST SIDE OF
HAMPTON ROAD, APPROXIMATELY 280 FEET NORTH
OF GULF-TO-BAY BOULEVARD AND 100 FEET EAST OF
HAMPTON ROAD, CONSISTING OF METES AND
BOUNDS 13/04 AND A PORTION OF 13/044 IN SECTION
17. TOWNSHIP 29 SOUTH. RANGE 16 EAST. WHOSE
POST OFFICE ADDRESS IS 107 HAMPTON ROAD, UPON
ANNEXATION INTO THE CITY OF CLEARWATER AS
RESIDENTIAL/OFFICE LIMITED (R/OL); PROVIDING AN
EFFECTIVE DATE.
Jj~
Pamela K. Akin
City Attorney
February 5, 2003
ITEM #. .')0
Second Reading /} (
./~
ORDINANCE NO. 7095-03
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE ZONING ATLAS OF THE CITY BY ZONING
CERTAIN PROPERTY LOCATED ON THE EAST SIDE OF
HAMPTON ROAD, APPROXIMATELY 280 FEET NORTH OF
GULF-TO-BAY BOULEVARD AND 100 FEET EAST OF
HAMPTON ROAD, CONSISTING OF METES AND BOUNDS
13/04 AND A PORTION OF 13/044, WHOSE POST OFFICE
ADDRESS IS 107 HAMPTON ROAD, UPON ANNEXATION INTO
THE CITY OF CLEARWATER, AS OFFICE (0); PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the amendment to the zoning atlas of the City as set forth in this ordinance is
found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive
Plan; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following described property in Clearwater, Florida, is hereby zoned as
indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is amended
as follows:
Property
Zonina District
See legal description attached hereto
(LUZ2002-12013)
To:
Office (0)
Section 2. The City Engineer is directed to revise the zoning atlas of the City in
accordance with the foregoing amendment.
Section 3. This ordinance shall take effect immediately upon adoption, contingent upon
and subject to the adoption of Ordinance No. 7093-03.
PASSED ON FIRST READING
January 23, 2003
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
y
I
Attest:
Cynthia E. Goudeau
City Clerk
Ordinance No, 7095-03
Legal Description for 107 Hampton Road
taken from DJL Survey dated 5/7/02; Order No. 02-723
DESCRIPTION: PARCEL B
BEGIN FROM TilE CENTER OF SECTION 17. TOWNSHIP 29 SOUTH. RANGE 16 EAST.
PINELLAS COUNTY. FLORIDA. AND RUN THENCE ALONG TII1~ N/S CENTERLINE OF
SAID SECTTON. ALSO TilE R/W CENTERLINE OF HAMIlTON ROAD. NORTH 00020' 13"
WEST. 735.00 VEET; TIlENCE NORTH 890/.6'01" EAST. 130.00 FEET FOR A
POINT OF BEGINNING; TIIENCE CONTINUE NORTH 890/.6'01" EAST. 10.00 FEET;
TITh~CE SOUTH 00020' 13" EAST. 131.85 FEET TO A POINT ON TilE NORTII LINE
OF PARCEL C; THENCE NORTH 89057'26.9" WEST. ALONG THE l\ORTII LlNE OF
PARCEL C. 10.0 FEET; THENCE NORTH 00020'13" WEST, 131.85 FEI~T TO TUE
POINT OF HEGINNTNG,
CONTAINING 1,318 SQUARE FEET.
DESCRIPTION: PARCEL C-l
THE F.AST 100.00 FEET OF TilE WEST 230. 00 r~EET, LESS THE NORTH 730.00
FEET AND LESS TUE SOUTH 520. 00 Fl~ET OF TUE SOUTlIWI~ST 1//, OF TilE
NOR11IEAST 1/1. OF SECTION 17, TOWNSHIP 29 SOUTH. RANGE 16 EAST,
PINELLAS COUNTY, FLORIDA.
CONTAINING 0.1902 ACRES MORE OR LESS.
DESCRIPTION: PARCEL C-2
THE EAST 100.00 FEET OF THE WEST 230.00 FEET OF THE NORTH
190.00 FEET OF THE SOUTH 520.00 FEET OF THE SOUTHWEST 1/4
OF THE NORTHEAST 1/4 OF SECTION 17, TmmSHIP 29 SOUTH,
RANGE 16 EAST, PINELLAS COUNTY, FLORIDA
CONTAINING 0.4362 ACRES, HORE OR LESS.
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ZONING MAP
Hampton Road Development Corp. & I Case: LUZ2002-120 13
Owner: Limited Properties, Inc. j
I Property 0.69
Site: 107 Hampton Road Size/Acresl:
Zoning Land Use j 17/29/16/00000/130/0400
I PIN: 17/29/16/00000/130/0440
I
From: AE/ County RU I
I 0 R/OL I Atlas Page: 291B
To:
I
Ordinance No. 7095-03
MOTION TO AMEND ORDINANCE NO. 7095-03 ON SECOND READING
Amend Ordinance 7095-03 to change the title to read as follows to correct a
scrivener's error.
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE ZONING ATLAS OF THE CITY BY ZONING
CERTAIN PROPERTY LOCATED ON THE EAST SIDE OF
HAMPTON ROAD, APPROXIMATELY 280 FEET NORTH OF
GULF-TO-BAY BOULEVARD AND 100 FEET EAST OF
HAMPTON ROAD, CONSISTING OF METES AND BOUNDS
13/04 AND A PORTION OF 13/044 IN SECTION 17. TOWNSHIP
29 SOUTH. RANGE 16 EAST. WHOSE POST OFFICE ADDRESS
IS 107 HAMPTON ROAD, UPON ANNEXATION INTO THE CITY
OF CLEARWATER, AS OFFICE (0); PROVIDING AN EFFECTIVE
DATE.
rlbla K. Akin
City Attorney
February 5, 2003
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Clearwater City Commission
Agenda Cover Memorandum
Work Session Item # !
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Final Agenda Item #
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Meeting Date: 02-05-03
SUBJECT/RECOMMENDATION:
Approve the agreement/loan with Mt. Carmel Community Development Corporation of Clearwater, Inc" in the
amount of $445,000, to use Community Development Slock Grant and HOME Investment Partnership
Program funds for the acquisition of real property and development of an elderly rental community in the North
Greenwood Area.
[8J and that the appropriate officials be authorized to execute same.
SUMMARY:
Mt. Carmel Community Development Corporation (CDC), Inc., was designated a Community Housing
Development Organization by the Commission in December 2002.
The Commission approved, at the June 20, 2002 meeting, an allocation of $260,000 in HOME funds for Mt.
Carmel to be used for the acquisition and development of an affordable elderly rental community in the North
Greenwood Area. Since the time of the original allocation the proposed location and scope of development
has changed which necessitated the City allocating additional funds ($185,000 - CDSG) for this proposed
development. A first quarter budget amendment will increase the project (Infill Housing - 2003) budget by
$185,000. City Staff supports the changes in the scope and the additional funds necessary to bring this
project to fruition. The City funds will be in the form of a deferred payment loan and depending on the
economics of the deal, a small interest rate may be used.
Mt. Carmel CDC is currently in the process of assembling the necessary land where the proposed elderly
rental development will be located. The proposed location for the community is on the south side of LaSalle
Street west of Martin Luther King Avenue. The proposed location is also about a block away from the new
North Greenwood Library and Aquatics and Recreation Center and a few hundred yards from the North
Greenwood Apartments. Under the existing zoning, if all of the targeted property is acquired, approximately
10-20 units will be constructed.
Under the current proposed timeline, the property acquisition and other associated due diligence activities
should be completed by May 2003. It is anticipated that construction of this proposed development could
begin by the fall of this year.
Mt. Carmel CDC is also studying the feasibility of constructing commercial offices for a possible medical office
and pharmacy on site.
A copy of the Agreement is available for review in the Official Records & Legislative Services Department.
Reviewed by:,
Legal ( j~!),~_.}~fO Tech ~
Budget ~-:J Public W~~rks ~
Purchasing ~ DCM/AC ~ /7
- -tf:...L
Risk Mgmt NA Other NA
Originating Oept:
Eco. Development & Housing
Usor Oopt.
':\0 -'
Attachments:
Costs $445,000
Total
Funding Sourco: COBG & HOME
Cap\>al In1>lO'l'mcn\
~allng
O'."l'<
Submitted by: ~ ~
City Manager
o Printed on recycled paper
2/98
o Nono
Appropriation Code:
181.99404 & 683.128170
Rev.
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CITY OF CLEAR\VATER. FLORIDA
AND
:\IT. CARi\IEL COi\t;\IUNITY DEVELOPi\IENT CORPORATION OF CLEAR\VATER, INC.
SlJBRECIPIENT AGREEMENT
THIS AGREEM ENT is cntcred into this 1 st day of Februmy 2003. by and betwecn thc City of
Clem'watcr, a Florida municipal cOl1Joration, having its principal offiec at 112 South Osccola Avenue,
Clearwatcr, FlOlida, hereinafter ref cITed to as the "City", and Mt. Canncl Community Development
Corporation of Clearwater. Ine, hcrcinaftcr refelTed to as the "Provider" and/or "Subrecipicnf'.
\\'ITNESSETH:
\VHEREAS, thc City has entcred into an agrcemcnt with the u.s. Depmtmcnt of I-lousing and Urban
Development for the plll1JOSC of conducting a I-lousing and Community Development Program (HUD) with
federal financial assistancc under Titlc I of the Housing and Community Developmcnt Act of 1974, as
amended, hereinaftcr called "Act"; and thc Cranston-Gonzalcz National Affordable Housing Act of 1990; and
WHEREAS, the City has cntcred into an agreement with the U. S, Dcpmtment of Housing and
Urban Dcvelopmcnt for thc plll1Jose of conducting thc I-IOME Investmcnt Paltnership Program (I-IOME)
with federal assistallCe under Title II (42 U,S,c. 1270 I -12839) of the Crallston-Gonzalcz National Affordable
I-lousing Act of 1990, as amendcd; a11d
\VHEREAS, thc City has cntered into an agrcemcnt with the State of Florida for the purpose of
conducting the State I-lousing Initiativcs Paltnership (SHIP) Progranl with State of FIOIida assistallCe under
the William E, Sadowski Housing Act (Chapter 420,907 - ,9079 FlOlida Statutes, Rule 67-37, Florida
Administrative Code) which was signed into law on July 7, 1992; and
\VHEREAS, the City has dctcnnincd through its Consolidated Plall of Objectives and Projected Use
of Funds, which was adopted by the City of Clcal'water on June 18, 2002 thc necessity for providing funding
for affordable housing oPP0l1unitics to low to moderate income residcnts of Cleanvater; and
\VHEREAS, the City desires to cngage the Pro','idcr to render cet1ain services 1t1 conncction
therewith:
NO''', THEREFORE, the pal.ties hereto agree as follows:
SECTION I: SCOPE OF SERVICES
Thc Provider shall use the City funds for the acquisition of rcal propel1y and for thc development costs
(customary hal'd a11d soft costs) associated with the constt1lction of an Elderly Rental community in the N0I1h
Greenwood Community. Providcr agrces to accomplish the proposed activity in accordance with the
projected accomplishmcnts attach cd and made a fully binding pm1 of this Agrccmcnt, as locatcd in
Appendix-I,
SECTION II: CONDITION OF SERVICE
The Provider hereby agrees to the following:
A. The Progrru11 shall serve eligible low and moderate-income persons living primruily in Clearwater,
The Provider shall ceItify that the activities crulicd out with funds provided under this Agreement w ill
meet one or more of the CDBG program's National Objectives - I) benefit low to moderate income
persons, 2) aid in the prevention or elimination of slum .md blight, 3) meet community development
needs having a patticulat'urgency - as defined in 24 CrR 570,208,
B. The Provider shall maintain in its file the documentation on which basis it detennines that the project
benefits low and moderate-income persons, minOlities and residents of Clearwater. Such records
shall include, but not be limited to profiles identifying financial classification, head of household,
ethnicity, race and gender, or at'ea benefit data, as required,
C. The Provider shall maintain a citizen pat1icipation mechatlism, which will include, but not be limited
to the following:
Logging citizen comments or complaints when received,
2. Copies of comments mldlor complaints received in wliting,
3. Copies of responses to complaints andlor explatlations of resolutions to complaints,
D. The Provider shall comply with Subpatt c - Post A wat'd Requirements of the Office of ivtanagement
atld Budget (OMB) Circulat' No, A-I 10, "UnifOlTI1 Administrative Requirements for Gratlts and
Agreements with Institutions of Higher Education, Hospitals and Other Non -Profit Organizations",
incorporated by reference into this Agreement.
E, Costs inctllTed undcr this program shall be in compliatlce with Federal Management Circular No. A-
122, "Cost Principles for Non- Profit Organizations", incorporated by reference into this Agreement.
F. The Provider shall abide by those provisions of 24 CFR Patt 570 subpatt J, when applicable,
incorporated by reference into this Agreement.
G. No expenditures or obligations shall be incUlTed for the program plioI' to approval and release of
funds fi'om the U.S. Depmtment of Housing and Urban Development and/or the State of Flotidl,
FUtther, it is expressly understood that in the event no funds are released ITom the U,S, Department of
I-lousing and Urb,ill Development and/or the State of Flolida in connection with this Progt-mn, then
the City is not liable for any claims under this contract.
1-1, The Operating Agency hereby cel1ifies that, in the implementation of projects funded by this
Agrcement and in all of its other operations, it will comply with all requirements of Section 504
of the Rehabilitation Act of 1973 (29 use 794) (and the implementing regulations at 24 eFR 8),
the Amcricans with Disabilities Act of 1990 (PL 101-336), and all state and local laws requiring
physical and program accessibility to people with disabilities, and agrees to defend, hold
2
hannless and indemnify the City from and against any and all liability for any noncompliance on
the pUlt of the Operating Agency.
(I) Notification by HUD to the City that said project is ineligible because of project
location, services provided, or any other reason cited by HUD~
(2) Notification by HUD to the City that said project is deficient and that continued
support of the project is not providing an adequate level of services to low income and
minority people; or
(3) \Vritten notification from HUD to the City that the program funds made available to
the City are being curtailed, withdrawn, or otherwise restJicted.
(4) Fails to tile required rep0l1s or meet project progress or completion deadlines;
(5) MateIially fails to comply with any provision of this Agreement (which may result in
suspension or tennination in accordance with 24 CRF 85.43 or OMB Circular A-II 0,
Attachment L);
(6) Expends funds under this Agreement for ineligible activities, services or items;
(7) Implements the project prior to notification from the City that the federal
environmental review process has been completed;
(8) Violates Labor Standards requirements; or
(9) Fails to comply with wlitten notice from the City of substandard perfOlmance under the
te1l11S of this Agreement.
I. The Provider shall certify, pursuant to Section 109 of the Act, that no person shall be denied the
benefits of the program on the ground of race, color, national OIigin or sex,
J. The Provider agrees that to the extent that it staffs the Program with personnel not pres ently
employed by said party, it will take affilmative action in attempting to employ low income persons
residing in the City of Clearwater, paJ1icularly minoIity group members.
K. The Provider shall comply with the provisions of 24 CFR 570.504 (c), "Prog ram Income" aJld meet
the definition of program income defined in 24 eFR 570.500 which generally states that program
income is gross income received by the recipient or a Subrecipient directly generated fi'om the use of
CDBG funds. All program income generated through the use of Community Development Block
Grant, HOME Investment Partnership Program, ruld State Housing Initiatives Prulnership prognuns
shall be rcturned to the City within 45 days aftcr reccipt by the Subrecipient. In those instances where
the City allows the sub-recipient to retain program income, these funds shall be expended for CDBG
eligible activities, previously approved by the City in accordrulce with the projected accomplishments
and budget descIiptions attached to this Agreement.
3
L. The Provider shall tnmsfer to the City any CDBG fund,: on hand at the time of expiration and any
accounts receivable attributable to the use of CDBG tl:nc.L", All real propCI1y acquired or improved in
whole or in pan with CDBG funds in excess 01'$25.000 shall be:
( I) Used to mcet one of the national objecti\Ocs in Section 570,208 until five years after
expiration of the agreement, or fro such longer peliod of time as detennined to be approplime
by the City; or
(2) If not used as stated abovc, the provider shall pay to City an amount equal to the CUlTcnt
mm'ket valuc of the propeI1y less any pOttion of the value attributable to expenditures on non-
COBG funds for the acquisition of or impro\Oement to, the property. TIle payment shall be
considered program income,
M, Thc Provider shall adhere to the applicable requirements contained in the "Acknowledgement of
Economic Developmcnt Activities", attached hereto and made a pmt hereof as Appendix 2, if
applicable,
i-.J. The Provider shall comply with First Amendment Church/State pri nciples, as follows:
10 It will not discliminate against any employee or applicant for employment on the basis of
religion ,md will not limit employment or give preference in employment to pcrsons on the
basis of religion,
2. It will not discliminate against any person applying for public services on the basis of religion
and will not limit such services or give preference to persons on the basis of religion,
3. It will provide no religious instruction or counseling, conduct no religious worship or
services, engage in no religious proselytizing, and exelt no other religious influence in the
provision of such public services.
4. The pOltion of a facility used to provide public services assisted in whole or in patt under this
Agreement shall contain no sectmm1 or religious symbols or decorations.
5. The fund" received under this Agreement shall not be used to const111ct, rehabilitate, or restore
any religious facility which is owned by the Provider mld in which the public services are to
be providedo However, minor repairs may made if such repairs are directly related to the
public services; are located in a st11lcture used exclusively for non -religious purposes; and
constitute, in dollm' temlS, only a minor portion of the COBO expenditure for the pub lic
sel'VIces.
O. The Provider shall tmnsfer to the City upon expiration of this Agreement, any COSO, HOME and/or
SH1P funds on hand at the time of expiration mId any accounts receivable atttibutable to the use of
COSO, HOME mldlor SHIP funds, The following restrictions mId limitations apply to any real
propelty under the Provider's control, which was acquired or improved in whole or in pmt with
COSO funds in excess of $25,000:
-l
I, Any real propcI1y under thc Pro\'idcr's control must be used to meet onc of the National
Objectives in the CDBG Rcgulations. Pal1 570,:08 until five years or such longer peliod of
time ~L~ detcl111ined appropriate by the City after expiration of the Agrecment.
") I f the real prOpet1y is sold within the pCliod of time speci fied a bove, the propcI1y must be
disposed of in a manner which results in the City being reimbursed in the amollnt of the
CUITent fair m~u'ket value of the propcl1y, less any pOl1ion thereof atttibutable to expenditures
011 non-CD13G funds for acquisition of, or improvement to, the propel1y, Such
reimblll'scmcnt is required.
p, The Provider agrees that when sponsOling a project financed in whole or in pal1 under this
Agrecment, all notices, infol111ational pamphlets, press releases, advel1isemcnts, descriptions of the
sponsorship of the project, reseal'Ch rep0l1s. and similar public notices prcpared and rcIeased by the
Provider shall include the statcment:
FUNI)ED BY TilE CITY OF CLEAIHVATER
BY TilE
COMMUNITY DEVELOPMENT BLOCK GRANT,
HOME INVESTMENT PARTNERSHIP, AND
STATE HOUSING INITIATIVES I)ARTNERSHIP PROGRAMS
In wlitten matelials, the words "CITY OF CLEAR\VATER COi\Ii\IUNITY DEVELOPMENT
BLOCK GRANT. HOME INVESTMENT I)ARTNERSI-IIP, ANI) STATE HOUSING
INITITATIVES PROGRAM FUNDS. ADMINISTERED BY THE HOUSING DIVISION OF
THE CITY OF CLEAR\VATER ECONOMIC DEVELOPMENT AND IIOUSING
I>EP ARTMENT" shall appear in the same size letters or type as the 11a111e of the Provider.
Q. The Pro\'ider shall cnsure the following when entering into a sub-contract agreemcnt:
I, The full cOlTect legalnallle of the pany shall be identified.
2. The "Scope of Scrvices" shall desclibe the activitics to be pcrfollllcd,
R. The Provider shall maintain sufficient record'i in accordance with 24 CrR 570,502 and 570.506 to
dctcllllinc compliancc with the rcquircmcnts of this Agreemcnt, the Community Developmcnt Block
Grant Program ~U1d all applicable laws and regulations,
This documcntation shall include, but not be limited to, the following:
I, Books, records and documents in accord:mce with generally acccpted accounting Plinciples,
procedures alH.l practices which sufficiently alld propcrly reflect all revenues and expenditures
of funds providcd directly or indircctly by this Agrccmcnt, including matching funds ~U1d
prognull 1Ilcomc,
2, Time shects for split-funded employees who work on more thall one activity, in order to
rccord the CDBG, 110M E, aneVor SIll P activity delivclY cost by projcct and the non -CDBG
related charges,
5
J, How the Statutory National Objective(s) and the eligibility rcquirement(s) under which
funding have been received, have been mct. TI1cse also include special requirements such as
necessaJY aJ1d approptiate detenninations, income cettifications, aJ1d wtitten agreements with
beneficiaJies, where applicable,
S, The Provider is responsible for maintaining and stOting a1\ records pettinent to this Agreement in an
orderly fashion in a readily accessible, pennaJ1et1t aJ1d secured location for a pctiod of three (3) years
after expiration of this Agreement, with the fo1\owing exception: if any litigation, claim or audit is
staJ1ed before the cxpiration date of the three yem' period, the records will be maintained until all
litigation, claims or audit findings involving these rccords are rcsolvcd, The City shall be informcd in
writing after close-out of this Agreement, of the address where the records aJ'e to be kcpt.
SECTION III. OTHER CONTRACTUAL PROVISIONS
A. Labor Stalldards
Except with respect to thc rehabilitation of residential propetty designed for residcntialuse for
less than eight households, the provider and a1\ subcontractors engaged in contracts in excess of
$2,000 for the construction, completion, rehabilitation, or rcpair of any building or work
financed in whole or in pUtt with assistance provided under this Agrcement are subject to the
federal labor standards provisions which govem the payment of wages and the ratio of
apprentices and trainccs to joumey workers. Under thc tenns of the Davis-Bacon Act, as
amended, the provider is required to pay all laborers and mechanics employed on construction
work wages at rates not less than those prevailing on similar construction in the locality as
dctcnnined by the Sccretaty of Labor, and shall pay overtime compensation in accordance with
and subject to the provisions of the contract Work Hours and Safety Standards Act (40 use
327-332), and the provider shall comply with all regulations issued pursuant to these Acts and
with other applicable Federal laws and regulations pet1aining to labor standards, including the
Copeland "Anti-Kickback" Act. Provided, that if wage rates are higher than those required
under the regulations are imposed by State or local laws, nothing hereunder is intended to relieve
the provider of its obligation, if any, to require payment of the higher rates.
Il. Flood Disaster Protectioll
This Agreement is subject to the requirements of the Flood Disaster Protection Act of 1973 (PL
93-234). Use of any assistance providcd under this Agreement for acquisition or constnlction in
an area identified as having special flood hazards shall be subject to the mandatOty purchase of
nood insurance in accordance with the requirements of Section 102(a) of said Act.
C. Cleall Air alld Federal Water Polllltioll COlltrol Act (Applicable to COlltracts alld Subcolltracts
Wldcll Exceed S 100,000
The provider shall comply with and require each subcontractor to comply with all applicable
standards of the Clean Air Act of 1970 (42 use 1857 et seq,) as amended, the Clean Air Act of
1990, the Federal \Vater Pollution Control Act (33 use 1251 ct scq,), as amcnded, and the
regulations of the Environmental Protection Agcncy with respect thercto, at 40 CrR Pat1 15, as
amcndcd from timc to timc.
6
D. Prol'isioJl Of the Hatch Act
Neither the provider program nor thc funds provided thcrefore, nor the personnel cmployed in
the administration of the program shall be in any way or to any extent engaged in the conduct of
political activities in contravcntion of Chapter 15 of Titlc 5, United States Codc,
E. Lead-Based Paillt
Any grants or loans made by thc providcr for the rehabilitation of residential structures with
assistance providcd under this Agreement shall be made subject to the provisions for the
elimination of lead-based paint hazards under 24 CFR Part 35. Operating Agcncy will comply
with the rcquiremcnts of 24 CFR 570,608 for notification. inspcction, testing, and abatcment
procedures concel11ing lead-based paint. Such regulations require that all owncrs, prospective
owners, and tenants of propenies constructed prior to 1978 be properly noti fied that such
propenies may contain lead-based paint Such notification shall point out the hazards of lead-
based paint and explain the symptoms. treatmcnt. and precautions that should be takcn when
dealing with lead-based paint poisoning,
F. Special Assessmellfs
Provider shall not attempt to recover any capital costs of public improvements assisted in whole
or in pal1 with funds provided under Section 106 of the Act or with amounts resulting from a
guarantee undcr Section 108 of the Act by assessing any amount against propel1ies owned and
occupied by persons of low and modcrate income, including any fee charged or assessment made
as condition of obtaining access to such public improvements, unless (1) funds received under
Section 106 of the Act are used to pay the propOl1ion of such fee or assessment that relates to the
capital costs of such public improvements that are financed from revenue sources other than
under Title 1 of the Act, or (2) for purposes of assessing any amount against propel1ies owned
and occupied by persons of moderate income, the grantee certifies to the Secretary of HUD that
lacks sufficient funds received under Section 106 of the Act to comply with the rcquirements of
subparagraph (1).
G. AcquisitioJl, Rehabilitatioll, alld Delllolitioll of Real Property alld Displacemellt of Persolls
alld BusiJlesses
Providcr shall comply with the "City of Clearwater - Economic Development and I-lousing
Depal1ment - I-lousing Division, Community Developmcnt Block Grant Program Plan for
Minimizing the Displacement of Persons As a Result of Community Development Block Grant
Fundcd Activities" and "City of Clearwater, Economic Development and I-lousing Department -
Housing Division, Community Development Block Grant Program Residential Anti-
displacement and Relocation Assistance Plan." Provider shall conduct any acquisition,
rehabilitation, or demolition of real propel1y, and any negotiations for acquisition, rehabilitation
or demolition of real propcl1y in compliance with the Unifonn Relocation Assistance and Real
Propel1y Acquisition Policies Act of 1970, as amended, Section 104(d) of the Act, and the
implementing regulations at 49 CFR 24 and 24 CFR 570,606, Unless specifically pennitted, the
provider shall not cause either temporat)' or pel111anent involuntary displacemcnt of persons or
7
businesses, If the provider causes the in\'oluntary tcmporary or pCJ111ancnt displacemcnt of any
person or business as a result of Community Development Block Grant acti\'ities, it shall comply
with the City's "Plan to Assist Persons Actually Displaced by Community Developmcnt Block
Grant Activities," and Operating Agency shall provide all notices, advisory assistance, relocation
benefits, and replacement dwelling units as required by the Uniform Relocation Assistance and
Real Propel1y Acquisition Policies Act of \970, as amended, Section \04(d) of the Act, and the
implemcnting regulations at 49 CrR 24 and 24 CFR 570,606, The Provider hercby agrces to
defend, to pay, and to indemnify the City from and against. any and all claims and liabilities for
relocation benefits or the provision of replacement dwc\1ing units requircd by federal statutes
and regulations in connection with activities undel1aken pursuant to this Agrcement.
H. Lobbyill.r: RestrictiollS
Provider cel1ifies that, to the best of its knowledge and belief:
No Federal Appropriated funds have becn paid or will be paid, by or on behalf of it, to any
person for influencing an officer or employee of any agency, a Mcmber of Congress, an officer
or cmployee of Congress, or an employce of a Member of Congress in connection with the
awarding of any Federal contract, the making of any Federal grant, the making of any Fcderal
loan, the entering into of any cooperative agrecment, and thc extension, continuation, rencwal,
amendment, or modi fication of any Federal contract, grant, loan, or cooperative agreement:
If any funds other than Federal appropliated funds have been paid or will be paid to any person
for influcncing or attempting to inOucnce an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an cmployee of a Member of Congress, in
connection with this Federal contract, grant loan or cooperative agreement, it will complete and
submit Standard FOllll-LLL, "Disclosure FOllll to RepOt1 Lobbying." in accordance with its
instl11ctions: and
It will require that the language of this paragraph L be included in the award documents for all
sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans and
cooperative agreements) and that all Subrecipients shall certify and disclose accordingly.
This cel1ification is a mateIial representation of fact upon which reliance was placed when this
transaction was made or cntered into, Submission of this certification is a prerequisitc for
making or cnteIing into this transaction imposed by Section 1352 Title 31, Unitcd States Code,
Any person who fails to file the required cel1ification shall be subject to a civil penalty of not
less than $10,000 and not more than $100,000 for each such failure.
SECTION IV: TERM OF AGREEMENT
This Agrecment shall be deemed effective upon approval and release of funds by the U.S. Department of
I-lousing and Urban Development and/or the State of rlorida and being duly executed by both pm1ics,
whichever is later.
This project shall bccome opcrational as of Janu~uy I, 2003, and shall continue through September 30, 2003,
s
SECTION V: TERMINATION
The City and the Provider agree:
A. This Agreement may be tenninated by either pm1y hereto by wtitten notice of the other pm1y of such
intent to telminate at I cast thirty (30) days plioI' to the effective date of such tCI111inmion,
B, This Agreement may be telminated in whole or in pru1, for convenience, when both pru1ies agree
upon the tell11ination conditions. A wtitten notification shall be required ,md shall i nc1ude the
following: reason for the tell11ination, the effective date, and in the case of a pru1ial tell11ination, the
actual portion to be telminated. However, if, in the case of a prn1ial tell11ination, the City detennines
that the remaining p0l1ion of the Agreement will not accomplish the purposes of such Agreement, the
City may tet111inate such in its entirety.
C. The City may place the Provider in default of this Agreement, and may suspend or telminate this
Agreement in whole, or in part, for cause.
1. Cause shall include, but not be limited to, the following:
a. Failure to comply and/or perfot111 in accordance with this Agreement, or ,my federal
statute or regulation,
b, Submitting repOl1s to the City, which rn'e late, incoll'ect or incomplete in any ma tetial
respect.
c. Implementation of this Agreement, for any reason, tS rendered impossible or
infeasible.
d, Failure to respond in wntmg to any concems raised by the City, including
substantiating documents when required/requested by the City.
e. Any evidence of fraud, mismanagement, and/or waste, as detellnined by the City's
monitoring of the Subrecipient, and applicable HUD I1Iles and regulations.
2. The City shall notify the Provider in wtiting when the Provider has been placed in default.
Such notification shall include actions taken by the City, such as withholding of payments,
actions to be taken by the Provider as a condition precedent to c1eming the deficicncy and a
reasonable date for compliance, which shall be no more than fifteen (15) days from
notification date.
3. The City shall notify the Provider in wtiting when sufficient cause is found for tetmination of
this Agreement. The Provider shall bc givcn no more than fi fteen (15) days in which to reply
in wliting, appealing the termination ptior to final action being taken by the City.
D. Let it be further understood that upon cut1ailment of, or regulatOlY constraints placed on, the funds of
the U.S, Depm1ment of Housing and Urban Development and/or the State of FlOlida, this Agre ement
will telTIlinate cffective as of the time that it is detcIl11incd such funde; are no longer available.
9
E. Costs of the Provider resulting from obligations incllITed dllt;ng a suspension or after termination, me
not allowable unless the City expressly uuthOl;zes them in the notice of suspension or termination or
subsequently, Other costs dllting suspension or after tellnination which are necessary and not
reasonably avoidable are allowable if:
I. The costs result from obligations which werc property inclltTed b cfore the cffective datc of
suspcnsion or termination, are not in anticipation of it. and in the case of termination, arc
noncancelable, and
2, The costs would be allowable if the award wcre not suspended or expired normally at the end
of the Agreement in which the telmination takes effect.
F. Upon termination of the Agreement, the Provider and the City shall meet to discuss the City's
determination if any amounts are to be repaid to the City or if additional amounts are due the
Provider.
SECTION VI: AMENDl\lENTS
Any alterations, vaI;ations, modifications or waivers of this Agreement shall only be valid when they have
been reduced in writing and duly signed by both parties. Any changes, which do not substantially change the
scope of the project aIld10r the Project Implementation Schedule or increase, the total arllount payable under
this Agreement, shall be valid only when reduced to wl;ting arld signed by the City Administration and the
Provider.
The City shall not reimburse the Provider for outlays in ex cess of the funded arnount of the Agreement unless
and until the City officially, in writing, approves such expenditure by executing a wl;tten modification to the
original Agreement.
SECTION VII: METHOD OF PAYMENT
It is expressly understood and agreed that the total compensation to be paid hereunder for actual expenditures
incurred shall be reserved in the amount of FOUR HUNDRED AND FORTY-FIVE THOUSAND
DOLLARS ($445,000) for the acquisition of real property aIld for the development costs (customruy hru'd
and soft constlUction costs) associated with development of an Elderly Rental community in the NOIth
Greenwood Area.
The funds must be expended in accordance with the telms and conditions of the Agreement. Funds set aside
for this agency may increase or decrease, subject to production perfomlance. Progress will be reviewed
quarterly and will be based upon the goals the Provider established in their progranl implementation schedule.
Any remaining balance of funds shall revert to the City or other approved pI' ovider(s). Such compensation
shall be paid in accordance with the projected accomplishments and budget descriptions attached hereto and
made a part hereof as Appendix I.
A. The Provider shall submit monthly requests for payment for actual expenditures, i nc1uding applicable
back-up documentation, no later than the tenth (10th) day of the succeeding month and the City will
10
provide reimbursement, upon approval, within ten (10) working days atter receipt of the same, if
submitted by the deadline data for inclusion on the draw down request.
B. The City agrees to pay the Provider for expenditures incUlTed undcr this Agreement on an as needed
basis in accordance with the Budget and Project Implementation Schedule attach cd hereto and made a
pal1 hereof as Appendix }, Line item transfers are allowable only within each component and may
not exceed in the aggregate fifteen percent (15'Yo) of each line item without plioI' wlitten approval of
the City, All changes amounting to more than fifteen percent (15%) require plioI' wlitten approval.
SECTION VIII: EQUAL EMPLOYMENT OPPORTUNITY
During the perfor1l1ance of this contract, the Operating Agency agrees as follows:
(1) The Operating Agency shall not discriminate against any employee or applicant for
employment because of race, color creed, religion, sex age, handicap, disability, sexual
orientation, ancestr)', national origin, malital status, familial status, or any other basis
prohibitcd by applicable law, The Operating Agency shall take affinnative action to ensure
that applicants are employed and that employees are treated during employment without
regard to their race, color, creed, religion, sex age, handicap, disability, sexual orientation,
ancestry, or national origin. Such action shall include, but not be limited to the following:
Employment, upgrading, demotion or transfer, recruitment or recmitment advel1ising, layoff
or tel1l1ination, rates of payor other fomls of compensation, and selection for training
including apprenticeship. The Operating Agency agrees to post in conspicuous places,
available to employees and applicants for employment, notices to be provided setting fOI1h
the provisions of this nondiscrimination clause.
(2) The Operating Agency will, in all solicitations or advertisements for employees placed by or
on behalf of the operating Agency, state that all qualified applicants will receive
consideration for employment without regard to race, color creed religion, sex age, handicap,
disability, sexual orientation, ancestry, national origin, marital status, or any other basis
prohibited by applicable law.
(3) The Operating Agency will send to each labor union or representative of workers with which
is has a collective bargaining agreement or other contract of understanding, a notice to be
provided advising the said labor union or workers; representatives of the Operating Agency's
commitments under this section, and shall post copies of the notice in conspicuous places
available to employees and applicants for employment.
(4) The Operating Agency will comply\ with all provisions of Executive Order 11246, Equal
Employment opp0l1unity, of September 24, 1965, as amended by Executive Orders 11373
and 12086, copies of which are on file and available at the City and of the I1Iles regulations,
and relevant orders of the Secretary of Labor,
(5) The Operating Agency will fUl11ish all infoll11ation and rep0l1s required by Executive Order
11246 of September 24, 1965, as amended, and by rules, regulations, and orders of the
Sccretat)' of Labor, or pursuant thereto, and will petl11it access to its books, records, and
11
accounts by HUD and the Secretary of Labor for purposes of investigation to ascenain
compliance with such rules. regulations. and orders,
(6) In the event of the Operating Agency's noncompliance with the nondiscrimination clauses of
this contract or with any of the said nlles. regulations, or orders, this contract may be
cancelled, tem1inated, or suspended in whole or in parl and the Operating Agency may be
declared ineligible for fUllher Govel11ment contracts or federally assisted constl1lction
contracts in accordance with procedures authorized in Executive Order 11246 of September
24, 1965, as amended, and such other sanctions may be imposed and remedies invoked as
provided in Executive order 11246 of September 24, 1965, as amended, or as otherwise
provided by law.
(7) The Operating Agency will include thc pOllion of the sentence immediatcly preceding
paragraph (I) and the provisions of paragraphs (I) through (7) in every subcontract or
purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor,
issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, as
amended, so that such provisions will be binding upon each subcontractor or vendor, The
Operating Agency will take such action with respcct to any subcontract or purchase order as
HUD may direct as a means of enforcing such provisions, including sanctions for
noncompliance; provided, howevcr, that in the event an Operating Agency becomes involved
in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction
by HUD, the Operating Agency may request the United States to entcr into such litigation to
protect the interests of the United States.
A. Equal Opportlll.i(}' ill Participatioll
Development Act of 1974, and in COnf0ll11anCe with City policy and all requirements imposed by
Or pursuant to the Regulations of HUD (24 eFR Pan 570.60 I and 570.602) issued pursuant to
Section 109, no person in the United States shall on the ground of race, color creed, religion, sex, age,
handicap, disability, sexurtl OIientation, ancestry national origin, maIital status, familial status, or any
other basis prohibited by applicable law be excluded from pmlicipation in, be denied the benefits of, or
be subjected to discIimination under, and program or activity funded in whole or in paIl with
Community Development Block Grant Program funds,
B. Specific (IIot eXc/llsil'e) Discrimillatory Actiolls Pro"ibited:
The Provider may not directly or through contractual or other aITangements, on the ground of
race, color, creed, religion, sexual orientation, ancestry, national origin, marital status, familial
status, age handicap, disability, sex or any other basis prohibited by applicable law:
(I) Deny any facilities, services, financial aid, or other benefits provided under the
program or activity.
(2)
Provide any facilities, services, financial aid, or other benefits, which are different
or are provided in a different fom1 from that provided to others under the
program or activity,
.
12
(3) Subject to segregated or separatc treatment in any facility, or in any mater or
proccss rclated to rcccipt of any service or benefit under the program or activity.
(4) Rcstrict in any way acccss to. or the enjoymcnt of any advantagc or privilcge
enjoycd by others in conncction with fucilities, serviccs, financial aid or othcr
bcnefits under the program or activity,
(5) Treat an individual differently from othcrs in dctel1l1ining whcther thc individual
sutisfies any admission, enroIlmcnt, eligibility, membcrship, or other
requircmcnts or condition which the individual must mcet in order to be providcd
any facilities, services, or other benefit providcd undcr the program or activity,
(6) Deny any pcrson with thc Icgal right to work an opportunity to participate in a
program or activity as an cmployee.
c. Busilless alld Employmellt Opportullities/or LOWL'r IIIcome Residellts, Womell-Owlled
/Jusill{,s.~ Ellfel1Jrises, a/l(/ IJlillority-Owlled BlISilll'.u Hllle/1/rises
Thc Provider shall confonn with the rulcs and regulations sct forth under Section 3 of the
I-lousing and Urban Development Act of 1968, (12 use 170 lu), as amcndcd, and thc I-IUD
regulations issued pursuant thereto at 24 eFR Part 135, This Act requires that, to the greatest
extent feasible, opp0l1unities for training and cmployment be given to lower income residents of
the project area, and contracts for work in connection with the project be awarded to business
concerns which are located in, or owned in substantial part by, persons residing in the area of the
projcct. In all solicitations for bids, the contractor must, before signing the contract, provide a
preliminaty statement of the work force, needs and plans for possible training and employment
of lower income persons, When an Operating Agency utilizes the bidding procedure to let a bid,
the invitation or solicitation for bids shall advise prospective contractors of the requirements of
Section 3 of the Housing and Urban Development Act of 1968, as amended, and the clause shall
be insertcd as a component part of any contract or subcontract. Please see Appcndix 4.
If an Operating Agency solicits or requests an invitation for bids, cvelY effort feasible will be
made to contact minodty-owned and womcn-owned business enterprises for a response to the
solicitation or invitation for bidders.
D. NOlldiscri",illatioll ill Federally Assisted Programs
The Provider shall comply with Title VI of the Civil Rights Act of 1964 (PL 88-352, 42USe
2000d et seq,) and the Fair Housing Act (42 use 3601-20). In accordance with City policy and
Title VI of the Civil Rights Act of 1964(PL 88-352), in the sale, lease of other transfer of land
acquired, leased or improved with assistance provided under this Agreement, the deed or lease
for such transfer shall contain a covenant prohibiting discrimination upon the basis of race,
color, creed, religion, sex handicap, disability, sexual orientation, ancestry, national origin,
marital status, or familiar status, in the sale, lease or rental, or in the use or occupancy of such
land or any improvements erected or to be erected thereon, The Provider will comply with Title
VIII of the Civil Rights Act of 1968 (PL 90-284) as amendcd and will administcr all programs
u
and activities related to housing and community development in a manner to affinllatively
fWiher fair housing,
SECTION IX: CONFLICT OF INTEREST
Thc Providcr covenants that no pcrson, under its cmploy who prescntly exercises any functions or
responsibilities in connection with Cmllmunity Development Block Grant Program, HOi\IE Investmcnt
Partncrship Progr.ull and State I-lousing Initiati\'cs Pmtncrship Program funded activitics, has any pcrsonal
financial intcrests, direct or indirect, in this Agrecment. 'OlC Provider covenants that in the PCIilll1ll.U1ce of
this Agreement, no person having such conflicting interest shall be employed, The Provider cO\'cnallts that it
will comply with all provisions of 24 CFR 570,611 "Conflict of Interest", and the State Statutes govcming
conflicts of interest. The Provider shall disclose, in writing, to the City any possible conflicting interest or
apparent impropriety that is covered by the above provisions, This disclosure shall occur immediately upon
knowledge of such possible conflict. The City will then render an opinion, which shall be binding on both
parties.
SECTION X: INDEMNIFICATION AND INSURANCE
The Provider shall indemnify alld hold hal111less the City from any and all claims, liability, losses mld causes
of action, which may al;se out of the Agreement. TIle Provider shall pay all claims and losses of any nature
whatsoever in connection therewith alld shall defend or pay to defend all suits brought against the City, when
requested, and shall pay all costs llild judgments which may be issucd thereon.
Automobile llild vehicle coverage shall be required when the use of automobiles and other vehicl es are
involved in any way in the perfOl1l1allCe of the Agreement.
TIle Provider shall submit to the City all ORIGINAL Cel1ificate of Insurance,
All liability insunmce coverage shall be approved by the City's Risk Management Office prior to the release
of any funds under this Agreement. Generally, the amount of coverage necessrny would be at a minimum of
$300,000.
FUlther, in the event evidence of the required insurance is not fonvarded to the Risk Management Office
within thilty (30) days after the execution of this Agreement, this Agreement may be tel1llinated at the City's
option and any payments then due may be pel111anently withheld by the City .U1d the City will have no fmiher
obligation under this contract or any Subrecipient contmct.
SECTION XI: REPORTING AND EVALUATION REQUIREMENTS
Maintaining credibility for the community development effort rests heavily on the ability to produce an
impact in low/moderate income al'eas, through progress in accomplishing scheduled activities. An effective
method for maintaining project progress against a previously established schedule is through project
evaluation and repOlting, which will consist of both wt;tten repOlis and staff discussions on a regular basis,
The Provider also assures prompt rnld efficient submission of the following:
14
A, Monthly Reports arc due no later than the tenth (10th) day of the succeeding month and shall
include the request for payment when applicable, Contents of the Monthly RepOt1, attached hereto
and made a pm1 hereof as Appendix 3. sh all include but not necessarily be limited to the following:
I. The Nannti\'e RepOtt Fonn
2, The Financial Summaty FOt1l1, which shall includc thc request for payment and
documentation. as applicable,
3, The Client Profile Form
B, Final [valuation. Within twenty (20) days of contract completion, a final report documenting how
the Statutory National Objective and the eligibility requirements were met, must be submitted by the
Provider to the City's I-lousing Division for review and approval. The contents of it shall include a
cumulativc total of the data submitted during the program's operation, Further, such report shall
include statistical findings, which depict program efficiency; i,c., the number of dolhm; spent,
including non-CDBG funding sources, to render actual service to program recipients, and an, overall
evaluation of the program's effectiveness. and quantitative results. The final repOlt will be evaluated
and the Provider will be notified if additional data is necessaJY or that the project/act ivity is
considered "closed-out".
Other Reporting Requircmcnts may be required by the City in the event of program chmlges, need for
additional infollnation or documentation and/or legislation amendments, The Provider shall be infolll1ed, in
writing, i I' any changes become necessary,
RepOl1S and/or requested documentation not received by the due date, shall be considered delinquent, aJtd
may be considered by the City as sufficient cause to suspend CDBG, HOME, tUld SHIP payments to the
Provider,
SECTION XII: AUDIT AND INSPECTIONS
At any timc duting nonnal busincss hours and as often as City and/or Fedeml Govcmment representatives
may deem necessmy, there shall be made available to representatives of the City tUld/or the Federal
Govemment an oppOttunity to review, inspect or audit all records, documentation, and any other data relating
to all matters covered by the Agreement.
An annual orgtmization audit shall be submitted to the City 120 days after the end of the Provider's fiscal
year, The submitted audit shall include any managcment letters and agency responses to the management
letters. The audit shall be perfol1ned in accordance with OM8 CirculaJ' A -110 Attachment F, 01'\'18 Circular
A-133 or OMB Circular A-128, as applicable, If this Agreement is closed-out plioI' to the receipt of an audit
report, the City rescrves the tight to recover any disallowed costs identified in aJt audit after slIch close -out.
SECTION XIII: R"~VERSION OF ASSETS
The Provider shall transfer to the City any CDBG, I-IOME or SHIP funds on h and (including prograJn
income) or any accounts receivable attributable to the use of CDBG, HOME or SHIP firndc; should the
agcncy close its doors. The Provider shall also transfer to the City any real prOpet1y in the Provider's control
that wac; acquired or improved in whole or in patt of with CDBG, HOrvlE or SHIP ftll1ds, unless it is used 10
(J) meet one of the national objectives in 24 CFR P,ut 570.20S until five years after the expiration of this
15
agreement, or for such longer peliad of time as detell11ined to be approptiate by the recipient; or (2) if not
llsed for eligible activity. the Provider shaJl pay to the City an amount equal to the cUITent to the CUIl'ent
market value of the propel1y less any pOl1ion of the value attlibutable to expenditures of non -CDBG, HOM E
or SHI P funci'\ far the acquisition of or improvement to, the propet1y,
SECTION XIV: COi\II)LlANCE \\'1'1'11 LOCAL, STATE & FEDERAL REGULATIONS
The Provider agrees to comply with all applicable federal regulations as they may apply to program
administration, Additionally, the Provicler will comply with all state ancllocal laws and ordinrulces hereto
applicable,
SECTION XV: ADDITIONAL CONDITIONS AND COl\IPENSATION
It is expressly understood and agreed by the pm1ies hereto that monies contemplated by this Ag reement to be
used for compensation OIiginated fi'om gnUlts of federal Community Development Block Grant Funds,
HOrvIE Investment Prutnership Program Funds lUld State Housing Initiatives Pmtnership Funds, lUld must be
implemented in fuJl compliance with all of 1-IUD's ruld the State of Florida rules and regulations,
It is expressly understood and agreed that in the e\"ent of c1ll1ailment or non -production of said federal grant
funds, that the financial sources necessary to continue to pay the Provider compensation will not be available
and that this Agreement will thereby temlinate effective as of the time that it is detelll1ined that said funds are
no longer available.
In the event of such detelmination, the Provider agrees that it wiJl not look to, nor seek to hold liable, the City
or any individual member of the City Commission thereof personaJly for the pelfolll1anCe of this Agreement
and all of the pru1ies hereto shall be released from fUl1her liability each to the other under the telll1S of this
Agreement,
16
IN \VITNESS \VHEREOF, the parties hereto have caused this Agreement to be executed by their duly
nuthOl;zed officials on the day and elate first above indicated,
MT. CARMEL COMMUNITY DEVELOPMENT
CORPORATION OF CLEAR\VATER, INC.
By
President
Date
Continued:
ATTEST:
Secretmy
Date
Countersigned:
CITY OF CLEAR\V A TER, FLORIDA
By:
Brian J. Aungst
Mayor-Commissioner
\Villiam B. Horne, II
City Manager
Continued:
Approved as to foml:
...-) "/).,.,). 'I
!S.VZt., I/. 1:.1f-
...../ .A'/
/'BrY9J1 D.)~uff /
... Assistant City Attomey'
Attest:
Cynthia E. Goudeau
City Clerk
17
APPENDIX 1
Provider's Program Budget
Category Amount Other Funds Other Funding Total
Requested Sources
Proposed Committed
Real Property $250,000 $250,000
ACQuisition
Development Costs $195,000 $195,000
.
Total $445,000 $445,000
APPENDIX 1
Provider's Program Implementation Schedule
Planned Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dee
Implementation
Steps
1) Property Control & X X X X
Due Diligence
2) Close on Property X X
3) Site Plan Design & X X X X X X
Zoning Approvals
4) Architectural & X X X X X X
Engineering
5) Construction X X X X X X
Drawings & Pennits
6) Pull pennits for X X
construction & begin
construction
APPENDIX 2
ACK1'10'VLEDGEl\'IEl'.rrr OF ECONOMIC DEVELOPMENT ACTIVITIES
If the Provider \\ill be using CDBG flUId" for an Economic Development Activity, the following
federal requirements mlL'it be acknowledged:
The provider will be responsible for the day-ta-day administration of the Clearwater Economic
Development Loan Program. The Provider will administer all tasks in connection with the aforesaid
program in compliance with all applicable Federal, state, and local rules and regulations governing these
funds, and in a manner satisfactory to the City. The Provider with limited input from the City shall be
responsible for the economic development lmUl program procedures and fom1s, outreach, loan applications,
underwriting assessment, loan collateral. establishing and conducting the loan review committee, loan
closing, maintaining job creation tiles, monitoring for job creation/retention, and maintenance of records.
The City will provide loan servicing and loan portfolio management. ]n addition, the City will sit on the
loan review committee, monitor the Provider for complicUlce and provide technical assistance.
LO'" I1\fODERA TE INCOl\U~ .TOBS
Criten'l
A low/moderate jobs activity is one, which creates or retains pem1anent jobs, at least 51 % of which are
taken by low/moderate income persons or considered to be available to low/moderate income persons.
In counting iobs created or iobs retained, the following policies apply:
. Part-time jobs must be converted to full-time equivalents,
. Only permanent jobs count.
. Temporary jobs may not be included.
· Regardless of the sources of funding, all permanent jobs created by the activity must be counted.
. Trickle-down jobs (jobs indirectly created by the assisted activity may not be counted).
For jobs retained, the following additional criteria apply:
. There is clear and objective evidence that permanent jobs will be lost without CDBG assistance.
Such evidence includes: a notice by the business to affected employees, a public announcement by
the business, or relevant financial records.
. Retained jobs are considered to involve the employment of low/moderate income persons if 51 % of
such jobs are known to be held by low/moderate income persons when CDBG assistance is
provided.
Jobs are considered to be available to low/moderate income persons when both the following conditions are
fultilled:
. Special skills that can only be acquired with one or more years of training or work experience, or
education beyond high school, are not a pre-requisite to till such jobs, or else the business
nevertheless agrees to hire unqualified persons and train them; and
. The Provider ensures that the assisted business adheres to the principles of "tirst consideration" by:
using a hiring practice that in all likelihood will result in over 51 % of those hired being
low/moderate income persons; seriously considering a sufficient number of low/moderate income
job applicants to meet this intent; determining that the distance from the job applicant's residence is
close to the job site or that transportation is available to the job site.
RECORDS TO BE MAThrrAUffiD
Where the low/moderate income benefit is based on iob creation, the Provider's tiles must include the
documentation described in either (A) or (B) below:
(A) For activities where at least 51 % of the jobs will be available to low/moderate income persons,
documentation for each assisted business must include:
A copy of a written agreement containing:
. A commitment by the business that it will make at least 51 % of the jobs available to
low/moderate income persons and will provide training for any of those jobs requiring special
skills or education;
. A listing by job title of the pennanent jobs to be created, indicating which jobs will be available
to low/moderate income persons, which jobs require special skills or education, and which jobs
are part-time;
. A description of actions to be taken by the Provider and business to ensure that low/moderate
income persons receive "first consideration" for these jobs; and
. A listing, by job title, of pennanent jobs filled, and which jobs were available to low/moderate
income persons, as well as a description of how "first consideration" was given to such persons
for those jobs. The description must include what type of hiring process was used; which
low/moderate income persons were interviewed tor a particular job iUld which interviewees
were hired.
(B) For activities where at least 51 % of the jobs will be taken by low/moderate IIlcome persons,
documentation for each assisted business mllst include:
:\ mp)' of a wrillen agreement comaining:
. A L'ollunitment by the business that at least 51 % of the jobs, on a full-time equivalent basis, will
he 1;!ken-'2Y low/moderate income persons and a listing by job title of the permanent jobs
L' reated;
. A listing, by job title, of the permanent jobs tilled and which jobs wen: initially held hy
low/moderate income persons;
. Information on the size and annual income of the persons' immediate family prior III lite
low/moderate income person being hired for the job.
Where low/moderate income benetit is based on job retention, the tiles must im:lude the f()II11wing
documentation:
. Evidence that jobs would be lost without CDBG assistance
. A listing, by job title, of permanent jobs retained, indicating which of those jobs are part -time
and (i r known) which are held by low/moderate income persons at the time the assistance is
provided.
. ldentilication of any retained jobs not already held by low/moderate income persons who arc
pro.!el'tcd to hecome available to low/moderate income persons through job turnover within two
Yl'ars of the time CDBG assistance is provided. (Job turnover projections should also he
inl'llldcd in thc n:cord.)
. Illli>l'll1i11101l 011 rhe size and annual income of the low/moderate income persons' immediate
falllily IiII' l'i1l'h retaincd job claimed to be held by a low/moderate income person. Al:ceptahle
dOl'II1 I Il'lIlill ion Oil job applicant/ employee family income includes anyone of the following:
, I NOlin' lhill joh applicant/employee is a referral from state, county, or local cmployment
agl'l\l'Y Ill' othcr clltity that agrees to refer individuals detennined to be low/moderate
ilh'Ollll' 1I1'1:mding to IIUD criteria. {These entities must maintain documentation f(lr
L'ity (II' h:dl'ral inspection.)
\ \ Wrilll'l\ l'crtilkatioll, signed by the job applicanUemployee. of family income and Si7-C
tn l'slahlish low/moderatc income status by showing: the actual income of the t~'lll1ily, or
il statemcnt that the family income is below CDBG low/moderate income requirements.
(These certifications must include a statement that they are subject to veritication by the
101.::\1 or federal government.)
o Evidence that job applicant/employee qualities for assistance under another progran1
with income qualification criteria at least as restrictive as those used by the CDBG
program, such as referrals from the Job Training Partnership Act (JTPA) Program,
except Itlr referrals under the JTPA Title III Program tor dislocated workers.
ADDITIONAL CONSlllEltATIONS
The Provider must prepare a "neccssary_.gL{\m)r<mriate" deternlination whenever CDBG assistance is
provided for a private. Itlf-pmlit l'lltity carrying out L'I.'onomic development.
APPENDIX 3
Name: Mt. Carmel COC of Clearwater, Inc.
Consolidated Action Plan. FY2002.2003
Request for Payment
Period of:
..
Invoices Attached Description Amount
Totals 0
Make Checks Payable to:
We request payment for the attached invoices as provided for in the terms of our contract with the City of
Clearwater dated, . We certify to the best of our knowledge that we have complied
with all applicable federal, state and local laws, regulations and ordinances.
Agency Name
Name and Title
Signature/Date
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APPENDIX 4
EQUAL EIHPLOYIHE~'T OPPORTUNITY CLAUSE
FOR CONTRACTS SUBJECT TO EXECUfIVE ORDER 11235..
The applicant hereby agrees that it will incorporate or cause to be incorporated into any contract for
construction work, or moditication thereof, as detined in the regulations of the Secretary of Labor at 41
CFR Chapter 60, which is paid for in whole or in part with tunds obtained from the Federal Government
or borrowed on the credit of the Federal Government pursuant to the grant, contract, loan insurance, or
guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance,
or guarantee, the following Equal Opportunity clause:
During the perfornlance of this contract, the contractor agrees as follows:
(1) The contractor will not discriminate against any employee or applicant for employment because of
race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure
that applicants are employed, and that employees are treated during employment without regard to
their race, color, religion, sex, or national origin. Such action shall include, but not be limited to
the following: employment, upgrading, demotion, or transfer; recruitment or recruitment
advertising; layoff or tennination; rates of payor other torms of compensation; and selection of
training, including apprenticeship. The contractor agrees to post in a conspicuous place, available
to employees and applicants for employment, notices to be provided setting torth the provision of
this nondiscrimination clause.
(2) The contractor will, in all solicitations or advertisements tor employees placed by or behalf of the
contractor, will state that all qualified applicants will receive consideration tor employment without
regard to race, color, religion, sex or national origin.
(3) The contractor will send to each labor union or representative of workers with which he has a
collective bargaining agreement or other contract or understanding, a notice to be provided advising
the said labor union or workers' representative of the contractor's commitmcnts under this section,
and shall post copies of the notice in conspicuous places available to employees and applicants for
employment.
(4) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965,
and of the rules, regulations, and relevant orders of the Secrctary of Labor.
(5) The contractor will turnish all intonnation and reports required by EXt.'Cutive Ordcr 11246 of
Septcmber 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant
thereto, and will pennit access to his books, rccords, and accounts by the administering agency and
the Secretary of Labor tor purposes of investigation to ascertain compliance with such rules,
regulations, and orders.
(6) In the event of the contractor's non-compliance with the non-discrimination clauses of this contract
or with any of the said mles, regulations, or orders, this contract may be canceled, terminated, or
suspended in whole or in part and the contractor may be declared ineligible tor further government
contracts or federally assisted constnlction contracts in accordance with procedures authorized in
Executive Order 11246 of September 24, 1965. or by rule. regulation, or order of the Secretary of
Labor. or as otherwise provided by law.
(7) The contractor will include the portion of the sentence immediately preceding paragraph (1), and
the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted
by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of
Executive Oreler 11246 of September 24, 1965, so that such provisions will be binding upon each
subcontractor or vendor. The contractor will take such action with respect to any subcontract or
purchase order as the administering agency may direct as a means of enforcing such provisions,
including sanctions for non-compliance provided, however. that in the event a contractor becomes
involved in or is threatened with. litigation with a subcontractor or vendor as a result of such
direction by the administering agency, the contractor may request the United States to enter into
such litigation to protect the interest of the United States.
The applicant further agrees that it will be bound by the above Equal Opportunity clause with respect to its
own employment practices when it participates in federally assisted constmction work: provided that. if the
applicant so participating is a State or local govenunent, the above Equal Opportunity dause is not
applicable to any agency, instrumentality or subdivision of such government which does not participate in
work on or under the contract.
The applicant agrees that it will assist and cooperate actively with the administering agency and the
Secretary of Labor in obtaining the compliance of contractors and suocontractors with the Equal
Opportunity dause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will
furnish the administering agency and the Secretary of Labor such intormation as they may require tor the
supervision of such compliance, and that it will otherwise assist the administering agency in the discharge
of the agency's primary responsibility for securing compliance.
The applicant further agrees that it will refrain from entering into any contract or contract modification
subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not
demonstrated eligibility tor, government contracts and federally assisted construction contracts pursuant to
the Executive Order and will carry out such sanctions and penalties tor violation of the equal opportunity
clause as may be imposed upon con.tractors and subcontractors by the administering agency of the Secretary
of Labor pursuant to Par II, Subpart D of the Executive Order. In addition, the applicant agrees that if it
fails or refuses to comply with these undertakings, the administering agency may take any or all of the
following actions: cancel, tenninate, suspend in whole or in part this grant (contract, loan, insurance
guarantee); refrain from extending any further assistance to the applicant under the program with respect to
which the failure or retund occurred until satisfactory assurance of future compliance has been received
from such applkant; and refer the case to the Department of lustice tor appropriate legal proceedings.
SECTION 3 CLACSE
A. The work to be performed und~r this contract is on a project assisted under a progr~U11 providing
direct Federal tinancial assistanc~ from the Department of Housing and Urban Development and is
subject to the requirements of S~tion 3 of the I-lousing and Urban Development Act of 1968, as
amended, 12 U.S.c. 170lu. SC\:tion 3 requires that to the greatest extent feasible. opportunities for
training and employment be gi\'~n to lower income residents of the project area, and contracts lor
work in connection with the project be awarded to business concerns which are located in, or
owned in substantial part by persons residing in the area of the project.
B. The parties to this contract will comply with the provision of said Section 3 and the regulations
issued pursuant thereto by the S~retary of Housing and Urban Development set forth in 24 eFR
135.20. and all appli<:able rules and orders of the Department issued there under prior to the
execution of this contract. The parties to this contract certify and agree that they are under no
contractual or other disability, which would prevent them from complying with these requirements.
C. The contractor will send to each labor organization or representative of workers with which he has
a collective bargaining agreement or other contract or understanding, if any, a notice advising the
said labor organization of workers' representative of his commitments under this Section 3 Clause
and shall post copies of the notice in conspicuous places available to employees and appl icants for
employment or training.
D. The contractor will include this Section 3 Clause in every subcontract for work in connection with
the project and will, at the direction of the applicant for or recipient of Federal financial assistance,
take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in
violation of regulations issued by the Secretary of Housing and Urban Development, 24 CFR
135.20. The contractor will not subcontract with any subcontractor where it has notice or
knowledge that the latter has been found in violation of regulations under 24 eFR 135.20, and will
not let any subcontract unless the subcontractor has first provided it with a preliminary statement of
ability to comply with the requirements of these regulations.
E. Compliance with the provisions of Section 3, the regulations set forth in 24 eFR 135.20. and all
applicable rules and orders of the Department issued hereunder prior to the execution of the
contract, shaH be a condition of the federal financial assistance provided to the project, binding
upon the applicant or recipient for such assistance, its successors, and assigns. Failure to fultill
these requirements shall subject the applicant or recipient. its contractors and subcontractors, its
successors, and assigns to those sanctions specified by the grant or loan agreement or contract
through which Federal assistance is provided, and to such smlctions as are specified by 24 CFR
135.20.
.-..-
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---
Cleanvater City
Commission
Agenda Cover
Memorandum
Worksession Item #:
/- A/ --:--
/0") ,":
, ,
Final Agenda Item #
./ /
Meeting Date:
February 5,
<::uO;j
SUBJECT/RECOMMENDATION: Authorize settlement of the workers' compensation claim of
Claimant, Edwin Feldhaus, in its entirety to include medical, indemnity and attorney fees for
the sum of $80,000.
lEI and that the appropriate officials be authorized to execute some.
SUMMARY:
. On 8/3/99, Claimant, a gas employee for the City of Clearwater, injured his back
attempting to stop a propane tank from falling. The Claimant was diagnosed
with a chronic low back strain. The Claimant was treated conseNatively for the
back strain. Ultimately he was given a 6% permanent impairment with lifting
restrictions that, when combined with the Claimant's preexisting psychiatric
condition, prevented his return to work for the City of Clearwater.
. The Claimant is receiving a job related City disability pension.
. The Claimant has a pending workers' compensation claim for permanent total
disability.
. This settlement is recommended as being in the best interest of the City of
Clearwater by the City of Clearwater's Claims.Committee, the City of
Clearwater's Risk Management Division, and the City's outside counsel, rv1ark
Hungate. i
Reviewed by:
Legal
Budget
Purchasing
Risk Mgmt
f.:' '. J
.~
Info Srvc
Public Works
DCMlACM
Other
Originating Dept:
NJA FlnlRllk (P POlt'W
~ User Dept.
t"/1' ~ :'(\'\1
NfA AUaehments
COltl:
Total $80,000
',.... L-..J
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SubmlUed by: 'L), . I J J
City Manager ~ ~
X None
Funding Source:
Current FY $80,000 CI
OP
Other CIF
Appropriation Code: 59D-0700D-S458DO-519-DOO
Rev,2/H
~~~~ .
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Clearwater City Commission
Agenda Cover Memorandum
Worksession Item #:
~
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i ,- -1__ ,- '-"
I ~ l'
I ' .__
L7i\
Final Agenda Item #
,," , '
- //j
Meeting Date: 2/5/03
SUBJECT/RECOMMENDATION: Approve the appropriation and transfer of $450,000 of the
unrestricted fund balance of the General Fund to the Harborview Center Fund to eliminate the deficit
net current asset balance at 9/30/02,
00 and that the appropriate officials be authorized to execute same,
SUMMARY:
. The Harborview Center Fund was established in fiscal year 1994 to capture the operating
revenue and associated expenditures of operating the City's combined retail, restaurant, and
convention center facility know as the Harborview Center.
. At the January 18, 2001 city commission meeting, approval was made to transfer $2.2 million
of the unrestricted earnings of the Central Insurance Fund to the Harborview Center Fund to
eliminate the estimated cash deficit and interfund loans through the end of Fiscal Year '01.
Although this eliminated the cash deficit and interfund loans, there was still a deficit in net
current assets.
. The actual deficit in net current assets at the end FY 01 was $347,731. This is composed of
accounts payable and deposits from customers in excess of cash and accounts receivable. In
addition, due to the events of 9/11101, revenue estimates were not reached for fiscal year '02
causing a deficit in the amount of $85,072 above the subsidy of $178,670 paid by the General
Fund.
. The $450,000 requested is cOfl1posed of the following:
2001 Current Asset Deficit $347,731
2002 Additional Deficit 85,072
* Contingency 17 ,197
Total $450,000
. Approval of this agenda item will allow the Harborview Center Fund to be able to pay all bills
without going into a deficit cash position.
. Originally, the agreement with Global Spectrum allowed for a separate bank account and
accounting system operated by Global Spectrum where Global Spectrum handled all receipts
and disbursements directly related to the convention center activities, On a monthly basis,
Global Spectrum sent details of the activities, but it has been difficult to monitor and control by
City Staff.
. To insure City Staff can adequately monitor the Harborview Center Fund and that it remains in
a positive net asset position, staff recommends changing the procedures, These changes
Reviewed bY~ J j
Legal .r.lt!-
Budget ~.... "
Purch, N/ A
Risk Mgmt N/ A
Into Srvc NI A
PUbIIC~
DCM/AC!M h-----
Other "1 \J
Originating Dept: Costs
Parks & Recreation Dept. Total N/A
Kevin Dunbar, Director ~
User Dept, \;;7/' Current FY N/A
Parks & Recreation Dept.
Attachments: Analysis
Funding Source:
Cl
OP
Otner
Submitted by: "D" a J J
City Manager I;)IM, ~..,....~~
o None
Aooroorlation Code: None
Rav.2/98
include:
1. All receipts will be deposited directly into the City's bank account
2. Most disbursement will be made out of the City's bank account, following the City's
current procedures.
3. Global Spectrum will maintain a limited checking account to pay salaries and any other
expenses that cannot be handled through the City's bank account in a timely manner.
This account will only be replenished by the City upon receiving adequate
documentation to support the reimbursement.
. The annual net asset deficit, currently estimated at between $125,000 - $150,000 will continue
to be budgeted on an annual basis as a contribution from the General Fund. If additional
funds are needed due to lack of revenue or unanticipated expenses, they will be addressed
throughout the year at the quarterly reviews.
· A mid year budget amendment will be processed to reflect this transfer. The general Fund
reserves are approximately $3.4 million above the Commission policy of 8.5% of current years
expenditures and are adequate to fund this transfer.
Harborvlew
Net Current Assets (Liabilities)
2003
9/30/1998 9/30/1999 9/30/2000 9/30/2001 9/30/2002
Current Assets
Cash 100 100 100 100 100
Equity in Pooled Cash 49,996 108,064
Accounts Receivable 164,562 69,475 174,282 164,847 196,257
Due From Other Funds 23,535 15,000
Total Current Assets 164,662 93,110 189,382 214,943 304,421
Current liabilities
Accounts Payable 267,324 358,481 448,039 445,519 619,561
Deficit in Pooled Cash 1,280,319 1,522,965 1,822,660
Deposits 118,978 79,719 118,306 117,155 105,163
Deferred Revenue 12,500
Notes Payable 16,888 17,867 18,904
Total Current liabilities 1,683,509 1,979,032 2,407,909 562,674 737,224
Net Current Assets (liabilities) (1,518,847) (1,885,922) (2,218,527) (347,731 ) (432,803)
Short on Transfers (347,731) (85,072)
Total Shortage (432,803)
Operating Results
Net Loss Before Transfers In
Less Depreciation
(1,014,906)
557,262
(457,644)
(920,572)
563,295
(357,277)
(835,482)
565,551
(269,931 )
(812,119) (809,369)
568,946 553,176
(243,173) (256,193)
Transfers In
5,000
2,200,000 178,670
Prepared by Margie Simmons 1/14/2003
Page 1
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Clearwater City Commission
Agenda Cover Memorandum
Worksession Item #:
/1/ ,~)
Final Agenda Item #
Meeling Date:
/' ..' /
2/5/03
SUBJECT/RECOMMENDATION: Authorize lease purchase financing for a digital photo identity card
system and award a contract to Diversified Business Machines, Inc, in the amount of $107,847.03 and
increase capital improvement budget by $14,000 from $94,000 to $108,000,
00 and that the appropriate officials be authorized to execute same.
SUMMARY:
. The Information Technology Departme::t assisted Parks and Recreation and Library by hiring a
consultant to research and develop a digital photo I D card system that could be used city-wide for a
multitude of applications; and they prepared a "Request for Proposal" (RFP) for the system.
. Five bids were received with Diversified Business Machines, Inc. being selected as the firm that
could best meet city needs.
. The current manual recreation card system is difficult to administer and is limited in capability.
Since there is no photo on the card, the card is susceptible to misuse by more than one person.
· The new identity card system not only has a color photograph of the resident, it also serves as an
electronic access point to the cardholder's complete recreation services account. Should a
cardholder forget their card, other personal information may be used to access their account and
quickly view the cardholder's photograph on the local terminal.
· The card can be used to register for many different recreation programs and services such as play
passes, pool passes, camps and contractor led classes. They will also allow persons to use all of
the recreation facilities with registering just one time.
· This contract will provide for the installation of a complete system which includes digital cameras &
accessories; card printers, smart card terminals, and all of the necessary cabling and software to
administer and control a very secure, centrally located, database management system,
· The new identity card system can produce many different types of identity cards such as special
events staff & VIP passes, and official volunteer identification cards. In addition, the data contained
within this system can also be used to produce many different documents including mailing labels,
user lists and invoices for renewal of memberships.
· This system is designed to be expandable to accept many different types of 'smart cards' and thus
allow our capabilities to expand as needed over time, including such items as use in vending
machines, library card and user access to our public use computers.
· The photo card system will be installed at all of the major recreation centers, including Countryside,
Morningside, McMullen Tennis, North Greenwood, Joe DiMaggio, Long Center, Clearwater Beach
Reviewed by: "
Legal ~, Into Srvc 9 f/Cl,q
Budget ~-,.-,/UbIiC Works ~
Purchasin ~ DCM/ACM ~ ~
Risk Mg t NA
Originating Dept:
Parks & Recreation Dept: A /
Kevin Dunbar, Director V;
User Dept. ~;/ /
Parks & Recreation ~~pt.
Attachments:
Costs
Total $107,847.03
Current FY N/A
Funding Source:
CI
OP
Other X
Submitted by: 1) oj'" J J .
City Manager ~ ~
o Printed on recycled paper
o None
Appropriation Code: 315.93274
Rev. 2/98
and at the Parks c:md Recreation Administrative Office in the Municipal Services Building.
. Cost of the card to residents will increase from $3.00 per card to $5.00 per card.
. The first quarter budget amendments will reflect the project increase to the CIP budget (P & R
Technology Upgrades 3274) by $14,000 from $94,000 to $108,000. The 2003/04 CIP requests for
technology will be reduced accordingly.
. Annual operating costs of $37,540 for this purchase is included in the Parks and Recreation's FY
2002/03 operating budget 010-01801-591600-572-000.
.\
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.m-
Clearwater City Commission
Agenda Cover Memorandum
Worksession Item #:
, )1. ' /~
I . ./
- , '
Final Agenda Item #
Meeting Date:
"/;' .
".' (.
02105/03
SUBJECT/RECOMMENDATION: Approve increasing contract to Lunz Prebor Fowler Architects of
Lakeland, Florida in the amount of $27,000 from $192,313 to $219,313 to expand the scope for the
design and permitting of the skate park at the Ross Norton Park Recreation and Aquatics Center,
I!I and that the appropriate officials be authorized to execute same.
SUMMARY:
. On August 8, 2002 the City Commission approved a contract to Lunz Prebor Fowler Architects of
Lakeland, Florida in the amount of $192,313 for the design and permitting of the Ross Norton Park
Recreation and Aquatics Center.
· The design committee and staff have developed a more refined program for the building and are
recommending that a skate park be added at this site and included in the project.
· Included in the Capital Improvement Budget (93206) is a project for $320,000 for the design,
permitting and construction of a skate park.
. Since this is a change in scope to the contract and exceeds the City Manager's authority to approve
up to a 10% increase in the contract, staff is requesting approval of this increase.
· The additional $27,000 will provide design services for architectural features housing the skate park
including: skate park slab, canopy, access control devices and other architectural features designed
to blend skate park, in-line hockey rink and pool deck with other recreation center components.
. Staff will be seeking an additional Florida Recreation Development Assistance Program (FRDAP)
grant of $200,000 in FY 2003/04 for further enhancement to the skate park and center.
· Plans for the skate park have been shared with the community through two public meeting held at
Ross Norton Recreation Center.
· The skate park will become the major revenue component for the center and will provide funds not
only to cover operating and personnel costs for the Skate Park but also to help subsidize other costs
of the center.
Reviewed by:
Legal N/A Info Srvc N/A
Budget , Public Works N/A
Library N/A DCM/ACM
Engin. N/A Other
Originating Dept: Costs
Parks & Recreation Departm~ Total $27,000
Kevin Dunbar, Director ~
User Dept. 'i Current FY
Parks & Recreation Department
Attachments:
Funding Source:
CIP X
OP
Other
Submitted by: 'T) ,II ft AA.
City Manager ~ ~..- ·
o Printed on recycled paper
2/98
~ None
Appropriation Code: 315-93206
Rev.
Final Agenda Item #
Meeting Date:
/7,'; /)
-' J A
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I
(8
Clearwater City Commission
Agenda Cover Memorandum
Work session Item #:
O?-O!i-m
SUBJECT/RECOMMENDATION: Accept a perpetual 35-foot drainage and utility easement dated
October 1, 2002 over and across a portion of Block "V', HIBISCUS GARDENS conveyed by Dennis
Melucci and Sandra W. Melucci, husband and wife, as more specifically described therein.
SUMMARY:
. On May 23, 2002 Planning & Development Services received a comprehensive infill development site
plan of 603 South Missouri Avenue for Stonecrafters prepared by King Engineering Associates.
· Plan review pursuant to permit application BCP 2002-03634 identified an existing 60-inch storm sewer
traversing the property without benefit of easement about 20 feet off the easterly boundary line at an
estimated depth of 4 feet.
. It is estimated 15 feet either side of the stormwater line will be required as future workspace to
maintain or replace a line of this size.
. The stormwatear line is located approximately 20 feet off of the Grantor's rear property line. The
Grantor is willing to include the additional five feet to the property line establishing a total easement
width of 35 feet.
. SouthTrust Bank, Stonecrafters mortgagee, has joined in and consented to the easement grant.
. A copy of the easement documentation is available for review in the Office of Official Records and
Legislative Services.
R.v~w.d b~l~' .'
Legal JSD!-~.
Budget
Purchasing NA
Risk Mgmt NA
Info Srvc
Public Works
DCM/ACM
Other
NA
In!.
/ /")
-
NA
Originating Dept: ---w-Lf
Public Works (E. Barrett
User Dept.
...,
Attachments
Locator Map
Costs
Total
NA
Current FY
Funding Source:
CI
OP
Other
Submitted by:
City Manager
Ul~
Appropriation Code:
o Printed on recycled paper 5: pwa on san1/EnQinlWord/AgendalMeluccl D&U Eas Agn 1202.doc
Rev, 2198
LOCATOR MAP
DrainaQe & Utilitv Easement: Stonecrafters - 603 S. Missouri Ave.
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Return to:
Earl Barrett
Engineering Department
City of Cleaf\\later
P. 0, Box 4748
Cleaf\\later, FI. 33758-4748
Parcel I. D, No, 15-29-15-38574-022-0060
II DRAINAGE & UTILITY EASEMENT II
FOR AND !N CONSIDERATION of the sum of One Dollar ($1.00) in hand paid to them, the
receipt of which is hereby acknowledged, and the benefits to be derived therefrom,
Dennis iVleluccl and ~andrd W. Melucci, husband & wife
441173rd Avenue, Redington Beach, FI. 33708-1334
do hereby grant and convey to the CITY OF CLEARWATER, FLORIDA, a Florida Municipal
Corporation, an easement over, under and across the following described land lying and being
situate in the County of Pinellas, State of Florida, to wit:
A THIRTY-FIVE FOOT (35') DRAINAGE AND UTILITIES EASEMENT to encumber
the easterlv thirty-five feet (35') of the followinq described tract:
Lot 9-A, 9-B and 10, less the West 20 feet thereof for the right-at-way and Lots
6, 7 & 8, all being in Block V, HIBISCUS GARDENS, according to the map or plat
thereof as recorded in Plat Book 14, Pages 55 to 59 of the Public Records of
Pinellas County, Florida. together with the land described as follows: From the
N.W. corner of Lot 9-A, as now established, Block V, HIBISCUS GARDENS,
according to the map or plat thereof as recorded in Plat Book 14, Pages 55 to
59 of the Public Records of Pinellas County, Florida; run south along the
easterly right-of-way of Missouri Avenue as now established, a distance of 85.4
feet to POINT OF BEGINNING; thence continue South a distance of 7.13 feet;
thence East 240.00 feet; thence North a distance of 7.53 feet; thence West
240.00 feet to the POINT OF BEGINNING, all being South and contiguous with
Lots 6, 7, 8 and 10 of Block V, HIBISCUS GARDENS.
Thi.:; co:>e:nant;3 f;,;i drainc:.ga <ili':': utiliiy insiCilialivll alia l1IainlanCince.
The CITY OF CLEARWATER, FLORIDA, shall have the right to enter upon the above-described
premises and to construct, install and maintain thereon any stormwater lines and facilities, and to
inspect and alter such stormwater lines and facilities from time to time, Grantee shall be solely
responsible for obtaining all governmental and regulatory permits required to exercise the rights
granted herein.
The CITY OF CLEARWATER, FLORIDA covenants and agrees with Grantor that it shall maintain
reasonable access to Grantor's facilities at all times during the exercise of rights granted herein,
and that it shall promptly restore the easement premises upon completion of any project
undertaken in the exercise of these rights,
IN WITNESS WHEREOF, the undersigned grantor has caused these presents to be duly
executed in its name this _L day of -O.C =IJ.:..:.'I~ ,2002,
;,
Page 2: Drainage & Utility Easement
Grantor: Melucci Grantee: City of Clearwater
RE: Portion of Blk. V, HIBISCUS GARDENS
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Dennis Melucci
~\_'D'---"C\ L-~'\' ~'-~l\,\'\.(
Sandra~, Melucci
G.
\,
STATE OF FLORIDA
: ss
COUNTY OF PINELLAS
Before me, the undersigned authority, personally appeared Dennis Melucci, a married
man, who executed the foregoing instrument on the day and date first above written, and who
acknowledged before me tha he di.d execu. Ie same frVIY and voluntarily for Ihe uses and
cirposes therein de cri ed. \ !)
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Qtary Public - State 0 FIO} a' I -'
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(' nnlE,211'Je r ~f\......\ I Fr ,\..1- r..;?,,.,-ry-lf'o.....i,- ~~ Calhellne Han,!eo,Brabanl
Type/Print Name !~ : My CommiSSIon 00057175
{1 ~o,,..~ Expires SeptM\ber 16, 2005
] Personally Known
[ Produced Identification
Type of Identification Produced
STATE OF FLORIDA
: 55
COUNTY OF PINELLAS
Before me, the undersigned authority personally appeared Sandra W. Melucci, a married
woman, who executed the foregoing instrument on the day and date first above written, and who
acknowledged before me ,at spe..... id ex u~e me freely and voluntarily for the uses
~rRoses therein de cribe :' \ \
\ \ '.- I
- ~~. ,,_ ~, \ '.. }L.
ta ' ublic - S a ;at-: tc5ridaT
~ -- __ ._ ___:::.< ~ . __-, Cathellne Henif90-8rabanl
( .,.11l1 t,- Z \ ~ C' -\ W,)... \ I ft::.....~ -:!XfitK\ { !'~'- My Commission 00057175
Type/Print Name "~J Expi~~'6,200S
~o,,,,
./f<('Personally Known
[ jProduced Identificallon
Type of Identification Produced
and
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EASEMENT PREMISES
Scale 1 II = 501
This is not a surve v
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14A 15 16 ~~S
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TURNER STREET
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Drainage & Utility
Easement
42/01
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42/02
8
CITY OF CLEARWATER. FLORIDA
PUBLIC WORKS ADMINISTRATION
ENGINEERING
c-...... IV
Q,KING
35' DRAINAGE & UTILITY
EASEMENT DRAWING
lOTS 9- A,9-8,10 & 6-8
SLOCK V. HIBISCUS G,\RDENS
Pl~i BOOK \4 PAGES 55-59
OWG hO
1912002-06
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Dote_tO !I'
(, BARRE TT
DAt(
CfJ/26/2002
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296B
'j(Ct-'*'SI'~NNt;
1~-29S-15E
CAOl"'~C(
N/A
Ha1urnJ.o:
Earl Barrett
Engineering Department
City of Clearwater
p, 0, Box 4748
Clearwater, FI. 333758-4748
Parcell. D. No, 15-29-16-38574-022-0060
CONSENT TO EASEMENT & SUBORDINATION OF INTEREST
RE: SouthTrust Bank Loan # 100084134-26
THE UNDERSIGNED. being the owner of a lien on or secured interest in the following
described premises:
That portion of HIBISCUS GARDENS, Block V, as recorded in Plat Book 14,
Page 55, Public Records of Pinellas County, Florida, being more specifically
described and depicted in EXHIBIT "A" appended hereto and made a part
hereof ("easement premises"),
said lien being evidenced by that certain mortgage dated February 21, 2002 given in favor of SouthTrust
Bank, an Alabama banking corporation authorized to conduct business within the State of Florida
("Mortgagee") by Dennis Melucci and Sandra G. Melucci, his wife ("Mortgagor"), as recorded in Official
Records Book 11865. Page 627, Public Records of Pinel/as County, Florida. Mortgagee does hereby
consent to and joins in the grant of that certain Drainage and Utility Easement dated
Or;tvb.Q.,r / J ' 20~given by Mortgagor to the CITY OF CLEARWATER, FLORIDA, a Florida
Municipal Corporation, for the installation and maintenance of a sixty inch (60") stormwater sewer lying within
the easement premises, and does hereby further subordinate said Mortgagee interest and all of the right,
tille, interest and claim thereunto accruing in said premises to said easement grant, together with facilities
constructed and to be maintained therein.
IN WITNESS WHEREOF. the undersigned has caused these presents to be signed this ~ay
of ])~A!L/Vyqll,r , 200 J::.-
Signed, sealed and delivered in
the presence of:
SOUTHTRUST BANK,
an Alabama banking corporation
(:'.. '~_\.; ''''~.... \.;0. (j'\0. ,,,'-
Witness Signature
Printname \\\\\~\~\ \.\~\l\\'l"'"
,
By:
0l1Jfti-lv01J) A,1.II0&<<.,,(.,-
Witness Signature ...' 7\
Print name Q' ~ I. he' fl''') e .J) l {r) ca if)
ACKNOWLEDGMENT:
Easement Consent & Subordination
SouthTrust Bank
RE: Parcel # 15-29-15-38574-022-0060
Pinellas County, Florida
Grantor: Dennis & Sandra G. Melucci
Grantee: City of Clearwater. FI.
STATE OF FLORIDA
:ss
COUNTY OF PINELLAS:
BEFORE ME, the undersigned, personally appeared Nancy Hutchings, as Senior Vice-president of
SouthTrust Bank, an Alabama banking corporation, whom, being duly authorized, executed the foregoing
instrument on behalf of said corporation on the day and date first above written, and who and acknowledged
the execution thereof to be her free act and deed for the use and purposes set forth therein.
(NOTARY SEAL)
-
~ - - - - -
. ",t~~'~, MARY A. FARREll
. ! \ Notary P~bllc - s~ 01 FIoridII
_' i ~~ = My Commtssbn EJ;lireI Filb " 2OD8
., Ii ~ Commlulon' 00 88037
I "' ~W' Bonded ey National Notary Aun.
- ~ -
EXHIBIT "A"
(Page 1 of 2)
A THIRTY-FIVE FOOT (35') DRAINAGE AND UTILITIES EASEMENT to encumber
the easterlv thritv-five feet (35') of the following described tract:
Lot 9-A, 9-B and 10, less the West 20 feet thereof for the right-of-way, and Lots
6,7 & 8, all being in Block V HIBISCUS GARDENS, according to the map or plat
thereof as recorded in Plat Book 14, Pages 55 and 59 of the Public Records of
Pinellas County, Florida, together with the land described as follows: From the
N. W. corner of Lot 9-A, as now established, Block V, HIBISCUS GARDENS,
according to the map or plat thereof as recorded in Plat Book 14, Pages 55 to 59
of the Public Records of Pinellas County, Florida; run south along the easterly
right-of-way of Missouri Avenue as now established, a distance of 85.4 feet to
POINT OF BEGINNING; thence continue South a distance of 7.13 feet; thence
East 240.00 feet; thence North a distance of 7.53 feet; thence West 240.00 feet to
the POINT OF BEGINNING, all being South and contiguous with Lots 6, 7, 8 and
10 of Block V, HIBISCUS GARDENS.
EASEMENT
PREMISES
EXHIBIT "A"
(Page 2 of 2)
n 1=:0 J
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Drainage & Utility
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CITY OF CLEARWATER. FLORIDA
PUBLIC WORKS ADMINISTRATION
ENGINEERING
C-"''' I'" 35' DRAINAGE &. UTILITY 0.. ...11
DKI~G 1912oo2-06
Ct<(C.(D '" EASEMENT DRAVMIG """
( BAARcn LOTS 9-A,9-B,10 &. 6-8 I Of' I
c,ur V:Ct...l~".~
06/25/2002 BLOCK V, HIBISCUS GARDENS '~-29S-15(
, PLA T BOOK 14 PAGF:S 55-59 (IlIt{lI.,.....u
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Clea!"\\,;:lter Cit\' Commission
Agenda Cover ivlemorandum
Final Agenda Item #
Meetll1g Date:
0') !OS/.IJ.:L
SUBJECT/RECOMMENDATION:
Authorize an increase of $10,000 to the monetary limit on the contract with the firm of John
Fernandez for outside counsel services related to representation in Crouch v. City of Clearwater, et
91. Case No, 93-2860-CI-21, including any interlocutory appeal proceedings. for a new contract total
of 590,000.00.
D and that the appropriate officials be authorized to execute same.
SUMMARY:
. The City has been involved in litigation relating to a claim of Excessive Force against Chief Sid
Klein and former Police Officer Robert P. Milliron regarding an incident that occurred on August
16. 1991 during which John Crouch was shot and killed by Officer Milliron.
. The City Commission approved outside counsel services for the defense of Officer Milliron in this
case on November 8, 1993.
. The Plaintiffs have been extremely resistant to mediation, arbitration, settlement or any resolution
of this case short of trial. Mr. Fernandez is pursuing a Motion for Summary Judgment on behalf
of former Officer Milliron that will be filed in the near future in a effort to bring this case to
conclusion.
. An additional budget of $10,000 is estimated for the defense of Officer Milliron in this lawsuit.
. Funding for this contract is available within the City Attorney's professional services budget.
. ---
Reviewed b~ I originatfh D!1pt:
Legal . <<...d- Info Tech NA Legal l;rf..
--, - - User Delit.
Budget r...... Public Works NA
- ---- -
Purchasin I..NA DCM/ACM NA Legal
g - -
Risk Mgmt NA Other NA Attachments
- -
Costs
Funding Source:
Total
$10,000
Current Fiscal Year
Capitol ImCfovement
Oporalt"'lQ
_~ $10.000
Ottler
Submitted by:
City Attorney
o Printed on recycled paper
2198
o None
Appropriation Code:
010-09600-530100-514-000
Rev,
Meeting Date:
02-05-03
Final Agenda Item #
~!;...' ;,/
/ /~, ----;..-
,.', ( "
,/ ';
Clearwater City Commission
Agenda Cover tvlemorandul11
Worksession Item #:
SUBJECT/RECOM MENDA TION:
Communication Workers of America, Local 3179 Collective Bargaining Agreement
Approve the collective bargaining agreement as negotiated between the City of Clearwater and CWA Local
3179 for Fiscal Years 2002/03, 2003/04, and 2004/05.
o and that the appropriate officials be authorized to execute same.
SUMMARY: The most recent collective bargaining agreement between the City of Clearwater and CWA Local
3179 expired on September 30, 2002. City management staff and representatives of CWA Local 3179 met
beginning in July of 2002 to negotiate a new contract. The parties reached a tentative agreement on January 13,
2003. The Union submitted the proposed agreement to its membership who ratified the agreement by a vote of 290
to 121 on January 28, 2003.
This is a three-year agreement which contains the following major provisions:
Article 9, Waqes & Compensation:
. Implement results of CWA pay study, providing immediate enhancements for more than 200 employees.
. Provide 4% merit pay increase annually to employees not at pay range maximum. Provide 3% merit lump sum
bonus to employees at range maximum. Adjust pay range minimums and maximums upward by 2% effective
October 1, 2003 and 2% effective October 1, 2004, providing employees at range maximum with 2% base salary
increase and 2% lump sum bonus in years two and three.
. Increase shift differential from $.50 per hour to 5% for 2nd shift and 7% for 3rd shift.
. Reduce amount of time required to receive Acting Pay from 20 days to 10 days,
. Increase meal money, solid waste driver pay, and safety shoe allowances.
Article 17. Insurance:
. Maintain current Benefits Committee health insurance recommendation process and guarantee continuation of at
least one plan providing 100% coverage for employee-only health insurance for duration of agreement.
Article 8. Leaves of Absence:
. Maintain all current leave accruals and caps.
. Provide for Floating Holidays to be counted as hours worked toward calculation of overtime.
. Provide contract re-opener for parties to discuss Integrated Disability Management program.
Article 24. Druq & Alcohol Policy:
. Establish City-wide Drug and Alcohol Pulicy and allow "2nd chance" opportunity for demotion of CDL and Rafety-
sensitive employees as alternative to termination with Department Director approval.
Reviewed b~ Originating Dept.: ~ Costs
Legal Info Srvc I-II.!... n.- ,..., Total
Budget 6- Public Works ..---7 User Depi.: Funding Source:
/' .
PUfchasin DCM/A9M' 1, Current FY CI
9
Risk Mgmt Other -r Attachments OP
Othe
Submittad by: W ~ o None
City Manager A pro riation Code:
.
'"'. ("...
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;......"'- . ," t
CWA Collective Bargaining Agreement
Summary of Tentative Agreements Pending Ratification
DURATION
~ 3 Year Agreement
WAGES
- Implement results of Pay Study upon agreement, providing immediate enhancements
for approximately 200 employees, and adjust pay ranges by 2% in years 2 and 3.
; Provide 40/0 Merit Increase each year for all employees within their pay range who
receive Satisfactory performance evaluation rating, inclusive of range adjustments.
- Provide 30/0 Lump Sum Bonus Payment each year for any employees at or above range
maximum who receive Satisfactory performance evaluation rating.
; Increase Shift Differential from $.50 per hour to 5010 for 2nd shift and 70/0 for 3rd shift.
=. Reduce amount of time required to receive Acting Pay from more than 20 days to more
than 10 days.
=. Increase Meal Money from $5.00 to $10.00 when employee works 3 hours over normal
workday.
=. Provide additional $.50 per hour for each ASE certification obtained and maintained by
fleet mechanics up to seven certifications, and $5.00 per hour maximum for eight
certifications.
~ Increase "Driver Pay" from $7,12 per day to $10.00 per day for Solid Waste Workers
who intermittently substitute as drivers.
~ Provide shoe allowance of up to $125.00 for employees who are required to wear safety
shoes.
HEALTH INSURANCE
=. Guarantee continuation for duration of contract of at least one health insurance plan for
which the City will contribute 100% of premium cost for employee only.
LEAVES OF ABSENCE
~ Floating Holidays count as hours worked toward the calculation of overtime.
~ Allow Department Directors to approve floating holiday and vclcation requests with less
than 48 hours notice provided staffing permits.
~ Maintain current vacation accrual and cap.
=. Maintain current sick leave accrual, cap, and incentive days.
-; Reduce length of absence for Sick Leave Pool consideration from 30 days to 15 days.
~ Increase allowance for donation of leave to Sick Leave Pool from 3 days to 4 days.
~ Allow for additional Sick Leave Pool donation period whenever leave pool balance falls
below 100 days.
~ Allow for Funeral Leave to be utilized to make arrangements and attend funeral or
memorial service.
~ Allow for adjustment of work schedule when possible for employees who work
weekends in order to participate in military training.
PERSONNEL PRACTICES
S City employees to remain on Eligibility Lists for 5 years.
S Guarantee right of promoted employees to return to former position for up to five days
following the completion of the first month probationary performance review.
S Provide for Action Plans to be developed for a period from a minimum of 3 months to a
maximum of 6 months duration.
S Allow "second-chance" opportunity for CDL and safety-sensitive employees to be
offered demotion in lieu of termination for positive drug or alcohol test with Department
Director approval.
s Provide contract re-opener for City and Union to discuss program of Integrated
Disability Management in order to address Workers Compensation, Light Duty,
Disability, and reassignment issues.
S Paychecks to be issued at start of workday on Friday instead of Thursday.
MISCELLANEOUS
S Increase Union Time from 200 to 400 hours for conferences, conventions, and training.
~ Allow Union to distribute approved notices via e-mail.
S Allow Union printer to compete in bid to print contracts.
TENTATIVE AGREEl\IENT FOR UNION RATIFICATION VOTE
BET\VEEN CITY OF CLEAR\X'ATER & C.\X'.A LOCAL 3179 FOR YEARS 2002-2005
PREAMBLE
The CITY OF CLEARWATER, FLORIDA, hereinafter referred to as the "City", and
COl\Il\IUNICATIONS \VORKERS OF MIERICA LOCAL 3179, hereinafter referred to as
the "Union", (PERC Certification Number 170), recognizing that the welfare and the best
interest of the City of Clearwater will be served by procedures which provide for an orderly
method for the City and the Union to bargain in good faith matters of common interest, do
hereby agree as follows:
ARTICLE 1
RECOGNITION
i'hc City recognizes the Union as the cxclusi\'e bargaining representative for wages, hours :lnd
other ten11S and conditions of employment for employees of the City of Clearwatcr, Florida, who arc
members of the unit as hercin defined:
Included: Nonprofessional employees of thc City of Clearwater (See ;\ppendix for listing of
included job classifications).
Excluded: Department Heads; Division Heads; ~lanagerial and Confidential Employees
within the meaning of Section 447.203 (4, 5), florida Statutes; all Professional Employecs within the
meaning of Section 447.203 (13), Florida Statutes; and all othcr employees of the City of Clearwater
not specifically included.
Section 1.
~lanagerial Employees
"i\lanagerial Employees" as uefined in Section 447,203 (4), Florida Statutes, arc employees who
ha\'c authority in the interest of th~ public employer, City of Clearwater, to fOn11lllate policy or are
reasonably rec)uired to assist directly in the preparation for and the conduct of collective bargaining, or
ha\'e a major role in the auministration of agreements resulting in collecti\'e bargaining, or have a
significant role in personnel auministration or employee relations and in the preparation and
ndministration of budgets and said roles arc not of a routine, clerical or ndministrntive nature and
rcc)uire the exercise of indepenuenr judgmcnt. Historically, these job classifications ha\'c been treated
as managerial within the foregoing criteria.
Section 2.
Confidential Employees
"Confidential Employees" as defined in Section 447,203 (5), Florida Stnnltes, arc employees
who act in a confidential capacity to assist or aid managerial employees as set forth above and as
uefineu in the Florida Stanltes; specifically said employees have access to and assist in the preparntion
for collecth'e bargaining. budget, and all have acccss to infonllation denling with thc administration of
this contract, including the handling of grievances under the grievance proceuure as set forth herein.
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Section 3.
General Provisions
Thi:; :\greemenr :;hall be go\'erned and construed according to the Con:;titution and Law:; of
the State of FloriJa. ,\ccordingly, if any prO\'i:;ions of this :\greement or any application of thi:;
.\grecment to any employee co\'ered hereby shall be found contrary [0 law, such provisions or
applications shall ha\"c effect only to the extent penn1ned by law, but all other pro\'i:;iom of this
:\greemcnt shall continue in full force and effect.
No change, rescission, alteration or modification of this :\grcemem, in whole or in part, shall bc
\'aliJ unk:ss the same is ratified by the Cit)' and the Union and endorseJ in writing.
The parties acknowledgc and agree that, during the negotiations which resultcd in thi:;
:\greement, each had thc unlimited right and opportunity to make demands and proposals with respect
to any subject or mattcr includcd by law within the area of collcctive bargaining and that all the
understandings and agrccmcnts arri\"cd at by the parties after thc cxercise of that right and opportunity
are set forth in this :\grecmet1t. Therefore, the City and the Union, for the life of this Agreement, each
voluntarily and unc.lualificdly waives the right to rellLure furthcr collectivc bargaining, and cach agrees
[hat the othcr shall not bc obligatcd to bargain collcctively with respect to any matter or subject not
specifically referred to or cO\'en~d by this :\greemet1t, whethcr or not such matters hm'c been
discussed, e\'en though such subjects or matters may not ha\"c been within the knowledge or
contemplation of either or both parties at the time that they negotiated or signed this Agreement. This
:\greement contains the entirc contract, understanding, undertaking and agrcement of the parties
hereto and finally dctcmunes and scttles all mattcrs of collective bargaining for and during its teun
except as may be specifically otherwise provided herein.
Section 4. :\ City or Department mle, regulation, policy or proccdure now in existencc in
conflict Witl1 this Agreement shall be resoh'ed by modification of such nile, regulation, policy or
procedure to bc compatible with this Agreement.
Section 5. Thc parties agrec to bargain proposed changes in the City's Ci\'il Ser\'icc Rules
that deal with mandatory subjects of collecti\.c bargaining and any impact these changes may ha\'c
on bargaining unit members.
ARTICLE 2
REPRESENTATIVES OF PARTIES
The City agrces that during the term of tl1is Agreement it will deal only with the authorized
representatives of the Union in matters requiring the mutual consent or other ofticial action called for
by this Agrcement. The Union agrees to notify the City in writing of the name of such authorized
representatives. \X'ritten noticc of the replacement of authorized Union representati\'es shall also be
provided to tl1e City t\lanagcr, and the City shnll not recognize the designated replaccmcnt
rcpresentatives until 24 hours after h.wing recei\'ed such written notice.
The Union agrces that during the term of this Agreement it will deal only with the authorized
representatives of the City, to wit: the City t\lanngcl' or his/her desigm'cs.
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ARTICLE 3
RIGHTS OF PARTIES
Section 1. Employees in the bargaining unit shall have the right to form, join, and
participate in, or to refrain from joining, fomung. or participating in the l~nion, Neither the Cit\, nor
the Union will discrimin:1te against any employees in regard thereto.
Section 2. The City and the Union \\ill not discriminate against employees in the unit
because of race, color, sex, age, national origin, disability, religion, marital status, or membership or
non-membership in a union; provided, however, that this will not prohibit the City from establishing
bona tide occupation:11 qualifications or taking other such actions as permitted by law. 1 f a charge of
discrimin:1tion by an employee against the City, its officers, or repn:senrati\Ts is filed with :1ny
appropriate agency having jurisdiction of such cl1:1rge, said employee or the Union \\'ill not file or
pursue a grie\'ance under .\rticle 6 of this .-\greement. I f a grievance is pending at the time such a
charge is filed, it shall be considered withdrawn.
Section 3. It is understood that the provIsions of this .Article embrace all rights of
employees cO\'ered by all federal, state, coumy and city laws and regulations.
Section 4.
City's :Management Rights
-111e City reserves, retains, and is vested \\ith exclush-cly, all rights of management which hm'e
not been expressly abridged by specific p1'O\-isions of this :\grecment. The exclusive rights of
management include, bur are not !inuted to, the follO\\ing:
A. to manage the City generally and to deremune the issues of policy;
B. to determine the facts which are the basis of management decisions;
C. to determine the necessity or organization of any service or activity conducted by the City and
to expand or dinunish services;
D. to determine the namre, manner, means, and technology, and extent of services to be prO\'ided
to the public;
E. to determine methods of financing and budgeting;
F. to determine the types of equipment and technolob')r to be used;
G. to determine and/or change the facilities, methods, technology, means and size of the work
force by which the City operations arc to be conducted;
H. to uetel111ine and change the number of locations, relocations, and types of operations,
processes, and materials to be used in carrying out all City functions including, but not limited
to, the right to contract for or subcontract any work or operation of the City in accordance \dth
the practices followed prior to this :\grccment;
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1. to assign work to and schedule employees in accordance with relluiremL'nts as detenllined by
the City, and to establish and change work schedules and assignmcnts;
J. to relic\'e emplo~'ees from duties for lack of \vork, lack of funds or any other non-disciplinary
reasons;
K. to discharge. suspend, demote, or otherwise disciplinc employees for just cause;
L. to dete111une job classifications and to create, modify or discontinue jobs;
~L to hire, transfer, promote, and demote employees;
N. to detennine policies, procedures, anu st;1ndards for selection and training;
O. to establish productivity programs and employee performance standards including, but not
limited to, quality and <'luantity standards and to relluire that such standards be followed;
P. to maintain order and efficiency in its facilities and operations;
Q. to establish and promulgate anu/ or modi~' rules anu regulations and stanuard operaung
procedures;
R. to otherwise take such measures as the City may uetennine to be necessary to the orderly and
efficient operation of its various operations, functions and selTices;
Section 5.
Union Rights
:\. Check-Off The City shall deduct dues twice per month in amounts as certified to the City by
the Secretary-Treasurer of the Communications \X/orkers of America anu will remit the
a&~regate deduction so authorized together with an itemized statement to the Secretary-
Treasurer. Dues deductions will be remitted within 30 uays from the date of the deuucnon on
a monthly basis. Changes in Union membership dues will be similarly certified to the City in
writing and shall be done at least 30 days prior to the effective date of such change.
Notwithstanding anything herein to the contrary, any authorization for dues deduction may be
cancelleu by the employee upon 30 days written notice to the City and to the Union.
The Union shall indemnify and hold harmless the City from any and all claims or demands and
expenses in connection therewith based upon the City's participation in dues deduction.
Nothing contained herein shall require the City to deduct from a salary or be otherwise
involved in the collection of Union fines, penalties or special assessments.
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B. The Union shall ha\'e access to City conferencc rooms and othcr similar building facilities, if
available, for mectings of thc Union in thc samc manner as thc gencral public. HO\\'c\'cr, thc
Union shall havc access to a\'ailablc facilities, \\ithour chargc, for meetings to ratify this
:\grecmcnt.
C. :\ copy of thc official City Conunission agcnda shall be prO\-ided to thc Union.
D. The Union shall be cntitled to use four square fcet of a dcsignatcd bulletin board in each City
building or facility whcre the City maintains an employce bulletin board; prm-idcd said bulletin
buards shall bc used for posting Union noticcs only and shall not bc used for the purpose of
soliciting membcrship.
E. 1\11 pennissible noticcs shall bc signed by a duly recognized ofticer of the Union and may bc
dcli\'cred through thc City's dcpartmental intcrofficc mail systcm. The City agrecs to accept
from the Union, rcview for appropriateness, and forward pennissible notices via e-mail to a list
of work sites and designatcd bargaining unit members as approvcd in advance by the City. Thc
City reserves the right to discontinue the use of c-mail for such PUlVOSC at any time if thc City
detennines that the appro\-cd and forwardcd e-mail is not used for the intended purpose.
r. The Union Presidcnt will be providcd, on a quanerly basis or upon rClluest, the namcs, and
home addresses, and such other data that is readily available from the City's infonnation
database for all current employees of thc City who are in the bargaining unit. The Union shall
have acccss to such names and addresscs at any timc pursuant to public records law, subject to
such fccs as may bc proper in accordance with state law.
G. The Union represcntatives shall bc allowed reasonable time off without loss of pay during their
regular shift hours for invcstigating grievanccs provided that, in tl1e judgment of the
Department or City, the performancc of this function by the Union representative shall in no
way interntpt the n0n11al functioning of City work assignmcnts. The ilwestigation of
grie\'ances by Union representatives shall not be conducted in greater than 2-hour increments
per day. The Union agrces to guard against the usc of excessive time for such activities which
are authorized by this .r\h11'eemcnt. The Union rcpresentativc will provide advance notice to
his/her superyision to allow planning arrangements to enable the Union representati\'e time off
for ilwestigative activity. \V'hen a Union representati\'c desires to contact an employee in the
unit who has a complaint, he/she shall first obtain permission from the cmployec's supervisor.
If pen11ission is denied at that particular time, the Union representative will bc informed of the
reason for the denial. Howevcr, the denial of permission shall not be subject to the grie\-ance
procedure. Thc Union rcprcsentath'c will notify his/her supelyisor upon his/her return to
work, The President of the Union, or the designee of the President, shall havc the prh-ilcges
accorded to a Union reprcscntati\'c.
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H. There shall be an m-crage of one Union steward for each Cir:-' dcpartment or onc for each 15
cmployees in the bargaining unit. 0:0 di,'ision shall be a:,signed more than onl: Union
representative unless the Di,'ision has more than 35 employees, then one Union steward for
each 35 employees or fraction thereof may be assigned.
I. Thl' City shall permit thl: Union to make a presentation to all new bargaining unit members at
the City new employee orienration. Subject matter of the Union presentation and any Union
materials to be distributed must be approved by the City ~Ianager or his/her designee.
Section 6.
I\lisccllancous
.\. Shared Cost of Printing ;\greement -- The City and the Union each agree to pay one-half of a
reasonable cost for printing copies of this i\greement in pocket booklet foml for all employees
in the unit. I f the City is unable to perfoml the printing or copying internally, the Cir:-' agrees to
include up to three prinrers of the Union's choice in obtaining quotes for selyices in accordance
with City purchasing guidelines. The City further agrees to utilize the prinrer of the Union's
choice if such printer submits the lowest bid, or prm'iueu the Union pays the difference in
copying costs between that of the Union's printer and that of the printer submitting the lowest
bid.
B. Reyiew of Personnel File
review their personnel files.
On reasonable alh'ance notice, employees shall be allowed to
C. Participation in Charity Drives -- Employees arc encouraged to participatc in charity dri\'es.
Howcver, no employees will be pressured by either party to this i\greement to contribute to
any charity.
D. Union Committees -- Certain committees of the Union may be allowed to meet during
normal work hours, this time to be subject to approval by the City ~lanager's office. Such
committees and meetings shall not include preparation for bargaining.
E. Use of City Copying Equipment -- Cost to be paid by the Union for printing of Union
material. This material shall be non-controversial in nature and subject to advance reyiew by
the City Manager or his/her designee.
Section 7. If in the sole discretion of the City ~fanager or the Mayor it is detennined that
ci,'il emergency conditions exist or may exist, including, but not limited to, riots, ci\'il disorders,
hurricane conditions, strikes, or similar catastrophes or disorders, this Agreement may be suspendeu by
the City Manager or the .Mayor Juring the time of the declared emergency, prm'ided that wage rates
and other direct monetary payments shall not be suspended. Further, a discharge, suspension or
demotion occurring during such emergency may be pursued as a grievance upon the tennination of the
emcrgcncy. Thc date of termination of the emergency shall bc considered the ftrst day under the
gricvance procedure.
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Section 8.
Impact Bargaining
The Cir:-' and Union agrec to bargain the impact of thc excrcisc of ~1anagcmcnt Rights to
changc wagcs, hours or temlS and condition:; of employmcnt of any pcrson coycrcd by this
.-\grcement. Thc City will notify thc L' nion of an~' proposal that may affcct wages, hours, or terms and
conditions of employmcnt prior to implcmentation. Thc L' nion will notify the City in writing, within
30 calendar days, of the specific impact and the intent of thc Union to bargain the impact of the
change. Failure to notify the City of the spccific negotiablc impact of a proposeJ change within thc
time limit prescribed abm-c shall constinlte acceptance of the change on the part of the Union and the
City may implement the change at the cnd of the prcscribed time limit. I f timely notice is gi,'cn, thc
proposal shall not be implementcd until resolution is reached. Thc City and thc Union will then
negotiate those impacts. In thc C'Tnt of an impasse on said bargaining, thc partics agrce thc Special
~laster process is waived and thc parties will procecd directly to thc City of Clcarwatcr Commission for
final and binding rcsolution of thc issues. The partics may call for a Special ~1astcr upon mutual
agreemcnt endorscd in writing.
ARTICLE 4
NO STRIKE AND OTHER UNLAWFUL ACTS
Section 1. Thc parties spccifically incorporate herein thc proyisions of Florida Statutcs
447.505,447.507, and 447.509.
Section 2. In addition to thc prohibitions and penalties prescribed in the aforemcntioned
sections of the Florida Statutes, the parties specifically agree that any individual employee cngabring in
such activity may bc immediately tcrminatcd in accordance with said Statutcs. In addition, liability shall
attach to such indh'idual cmployee as wcll as thc Union if the provisions of this section are violated.
Section 3. Should thc Union or any of its employees brcach this Article, the City may, in
addition to thc remcdies provided in Chapter 447 of the Florida Statutes, be cntitled to obtain a
temporary injunction at an cx parte hearing.
ARTICLE 5
LABOR;:MANAGE~IENT COOPERATION
The Union recognizes and supports the concept of a Labor-Management Committee to
address city-\\~dc employee concerns tl1at arc not specifically provideJ for by contract provisions and
to impro\'c labor-management communications. Such a comlruttec shall be cstablished, to be
composed of six reprcsentatives selected by the Union and six reprcsentatives selccted by thc City.
Rcsource peoplc, yisitors, and a facilitator if necessary may attend Committee meetings upon munlal
agrcemcnt or the Uniun and the City. Rules and uperating procedures of the Committcc shall bc
cstablished and may be changed by mutual agrecment of tlle City and the Union.
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The Labor-i\1anagcment Committee shall not bc intendcd to bypass thc gricvancc procedure.
The Committee shall ha\'e ad\'isory powers only but may propose standard policics and procedures to
bc followcd city-wide. HO\\'e\'Cr, dccision making responsibility shall continue to remain with line
managcment of thc City and with line officcrs of thc Union. I f such rccommcnuations arc adopted by
the City ~lanager, they shall not bc applied to bargaining unit employccs if thcy arc in contlict with thc
prO\.isions of thc C\\I;\ contract.
The City will makc m.ailablc up to 55,000 pCI' fiscal year for cxpenses of thc Committce. The
expenditurcs of any such funds madc available by the City will rcquire the mutual agrecment of the
City and thc Union.
ARTICLE 6
GRIEVANCE PROCEDURE
I t is the intcnt 0 f this .Article to provide a means for the fair, cxpeditious and orderly scttlemcnt
of disputes that arise under this Agrccment between thc Union and/or an cmployee and tllC City. :\11
employees and supcrvisory pcrsonnel should makc cvcry possiblc cffort to settlc differences at the
lowest possiblc step outlined in this Article.
Section 1. A grievance shall be defincd as any difference, dispute or complaint regarding
thc interprctation or application of the temlS of trus Agreement. Gricvances may bc filed by thc City
or by an aggrieved employec through thc Union. Entrance probationary employces shall not have
access to thc gricvance proccdurc during the probationary period. Grievances initiated by the City
shall always bcgin in Step 3, as hcreinaftcr prodded.
A class-action grie\'ance may be filcd by tile Union if an action or dispute dircctly affects more
than onc bargaining unit cmployec. A class-action grievance may bcgin at Step 3.
Section 2. No employce or group of employecs may refuse to follow dircctions pending the
outcome of a grievance. Employees in the unit will follow all directivcs, cven if such dircctivcs are
allegcdly in conflict with tile provisions of tlus Agrcemcnt. Compliancc Witll such directivcs will not in
any way prejudice tile Union and/or cmployce's right to file a gricvance witlun tllC time limits
containcd herein, nor shall compliance affcct the ultimate rcsolution of the grievancc.
Section 3. It is recognizcd and acceptcd by thc Union and tllC City tllat tile proccssing of
grievanccs is of utmost importance, and tllerefore grieyances may be processcd during employees'
normal working hours witllOUt loss of wagcs whcn tile abscnce of employees or supervisors involvcd is
reasonable and will not, in the judgment of the Departmcnt Hcad or City Manager or City Manager's
designee, bc detrimental to the work programs of the City. 1\ gricvant may be accompanied by a
Union rcprescntative at any time during the grievancc proceuure. The City will attempt to
accollunodate all partics in the proccssing of grievanccs.
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Section 4. I f an employcc selccts thc grievancc proccdure, as hcrcinaftcr set out undcr this
;\grcement, it is spccifically unuersrood that said employec has excrcised his/hcr option granted by
FloriJa Statures 447.401 and cannot thereafter proccss his/her complaint undcr any Ci\'il Service
appcal proccJure. Any cmployce prcscnting a grievancc shall bc referrcd to a Union rcprescnrati\'c
after which thc Union will advise whether thc gricvancc is mcritorious for proccssing, and shall bc
formally proccsscd in accordancc ,,;th thc stcps outlincd below. \,\!hcn the City is infonlled by thc
Union that it is rcprcscnting an cmployec in thc gricvance proccss, the City shall not ueal directly \\;th
the cmployec throughout the proccss except at thc cmploycc's specific writtcn rCllucst. Thc Union
shall be afforded thc opportunity to be prcscnt at thc rcsolution or dctcnnination of any grie\'ance
invoh-ing a bargaining unit membcr.
Nonnal working hours shall bc 8:00 a.m. to 5:00 p.m. on normal work oays which arc l\Ionuay
through Friday, cxcept holidays.
Step 1
\\1ithin 15 working days after such alleged violation is known by the grievant, thc Union and/or
aggric\Td employec ,,;11 prescnt thc griennce in writing on the appropriatc form to the employec's
division hcad and a copy to thc City ~I;lIlager or his/her dcsignce.
The writtcn grievancc at this step, and at all stcps thereafter, shall contain the infonllation
spccifieJ on the grie\'ance forms. Forms will be made available to cmployecs by both partics.
Grie\'ances submittcd which do not contain the information recluircd on thc form shall bc rcturneJ
to the Union and/or employee for complction. Thc Union and/or employee shall be advised as to
why thc form is not complete. This shall cxtend thc rcquircd time for submittal of the grievancc to
5 working days from thc timc that the grievancc is rcturned to the grievant. Upon acccptance of
thc grievance, thc grievance fOnll may not be amendcd from the original written grievance at thc initial
stcp of thc grie\-ance procedurc exccpt by mutual agrcemcnt of the parties.
The didsion head will arrange for a mccting \\;th the Union and/or grievant \v;thin fi\'e
working days after receipt of the grievance or failure of the partics to rcsolve the grievancc infonllally.
:\ grie\-ant may have a Union representativc accompany him/her to the mceting \\~th the division head
to whom the employce is responsiblc. Discussions shall be infomlal for the purposc of settling
diffcrences in the simplest and most direct manner. The division head will provide the Union and/or
thc grievant \\;th a writtcn answer on the grievance \\~thin five working days from the date of said
meenng.
If the grievance is not resolvcd at Step 1, tlle Union and/or grievant, within tcn working days,
may appcal the grievance to Step 2,
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Step 2
I f the grievance is appealcJ to thc Department Director, the Department Director or Jesignee
will arrange for a meeting \\ith thc Union and/or gric\'ant \\ithin fi\'e working days after receipt of the
grie\'ance. ;\ gricvant may h:1\'C a Union reprcsentatiye accompany him/her to the meeting with thc
Deparunent Director or designce to whom thc cmployce is responsible. Discussion shall be infomlal
for the purpose of settling differences in the simplcst and most direct manner. The Departmenr
Director or designce \\ill prO\'ide thc Union and/or griC\':1nt \\~th a written answer on the gricvancc
within fh'e working days from the datc of said mecting.
If the grie\'ancc is not resoh-cd at Step 2, thc Union and/or gricvant may, within tcn working
days, appeal the grie\'ance to Step 3.
Step 3
If thc grieyancc is appealed to thc City i\lanager or his/her dcsignce, the City ~lanagcr or
hisihcr designce \\~ll arrange for a mecting \\ith the Union and/or grievant \\ithin 10 working days of
receipt of the grievance. Both thc City and tl1C Union and/or grievant shall havc the right to includc in
its representation such indi\'iduals as they decm necessary to develop pertinent facts. Discussion shall
be infonnal for the purpose of settling diffcrenccs in thc simplest and most direct manner. Acting for
the City, the City ~1anagcr or his/hcr designec shall, within 21 calendar days, proyide a writtcn decision
to the Union and/or grie\'ant after the hearings haye been held. If the Union and/or grievant is not
satistied with the disposition of the grievance at Step 3, the grievance may be submitted to arbitration.
Step 4 -- Arbitration
.-\. \,\'ithin 30 calcndar days from thc receipt of the decision of tllC City ~lanager or his/hcr
desi!:,1llee for a Union/ cmployec initiatcd grie\'ance, or failure to rcsolve a City-initiatcd
grievance as pro\'ided in Scction 5, Misccllaneous, subparagraph "H" hcrcof, the parry
rcqucsting to arbitrate the grie\'ancc shall give written noticc to the othcr of intcnt to arbitrate
and shall at the same timc request a list of seycn arbitrators from tlle FeJeral ~lcdiation and
Conciliation Sen'ice. For Union initiated grievances im'oh'ing suspension, dcmotion, or
dismissal, the time limit for rcqucsting arbitration shall be 90 calendar days following receipt by
the Union of the City Manager or designce's decision. Each party shall have the right to
unilatcrally rcjcct one list of arbitrators recei\'cd from Fl\lCS. Thereaftcr, a list may only be
rejected by mutual consent of the parties.
B. \V'ithin 10 calendar days aftcr reccipt of the list of arbitrators, tl~.e Union and the City shall mect
and each strikc three names therefrom, with the party prcscnting the gricvance striking thc first
namc and thc parties alternating thcrcaftcr, the remaining namc to designate the arbitrator.
C. As promptly as can be arrangcd the arbitration hearing shall be held. The arbitrator shall
arbitratc solely the issue prcsented and shall not have thc authority to determine any other
issucs not submitted to him/her. '111e arbitrator, in rendcring his/her decision, shall confinc
his/her decision to the gric\'ance in question and hc/she shall not have the authority to add to,
take away from, alter or amcnd any proyision of this Agreement.
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D. Thc Jccision of the arbitrator, insofar as it is in confomlance \\ith paragraph "C" herein ab()\'c,
shall be tinal and binding on the aggricycJ employcc, Union, anJ City.
E. Thc expensc of the arbitrator shall be bornc ellually by both parties, exccpt that if either sidc
Jcsires a writtcn transcript, such sidc shall bcar the costs thcreof. Expcnscs in conncction with
attcndance of participants and \\irncsscs for any parry shall bc paid by thc parry proJucing such
participants and \\itnesses.
F. :\ny decision of the arbitrator shall not be retroacti\.c morc than 15 working days prior to thc
date thc gricvance was submitted. The City will incur no liability for back pay more than 30
days follo\\ing the arbitration hearing.
Section 5.
Miscellaneous
_-\. Thc partics will coopcratc in the inycstigation of any gric\.ancc, prO\'iding all pertincnt
infomlation as may be rec.luestcd for thc proccssing of a grieyancc.
B. No rcprisals of any kind shall be takcn against any party in interest participating in the grievancc
proccdurc.
C. No rccord dcaling with the proccssing of a gricvancc shall bccome a part of the pcrsonnel files
of individual cmployecs; howevcr, ultimate rccords of ac.h-ersc actions against employces may
be includcd in pcrsonnel filcs.
D. No cmployec shall be rcquircd to discuss a written hrricvancc if a Union rcprcscntati\"l? is not
prescnt.
E. In order to prevent the filing of a multiplicity of gricvanccs on thc same question of 6ft
interprctmion or compliance whcrc the gricvancc covcrs a qucstion common to a numbcr of
employces, it shall set forth thereon the namcs of the persons of thc group and the titlc and
spccific assignments of thc pcoplc cO\ocred by thc group gricvancc, In such event, the Union
and/ or one employee shall be designated by the group of employees to act as the gricvant.
F. Grievanccs arising at a step othcr tl1an Step 1 shall be proccssed in tl1e same manner cxccpt
that thc gricvancc will bc initiated with tl1C appropriate City administrator or his/hcr designce
rathcr than with thc didsion hcad or departmcnt head. Gricvanccs relating to suspension or
dismissal shall be initiatcd at Step 3, howcvcr thc Union shall be rcquircd to prO\'ide a copy of
any such grievance submittcd at Step 3 to the cmploycc's dcpartmcnt head.
G. lL is specifically agrced that employees who claim to have bccn dischargcd unjustly shall bc
subjcct to the foregoing grievance procedurc, and if it is found that an employee has bcen
unjustly dischargcd, hc/she may be returned to work with pay for all time lost; prO\'ided that
discharge or other disciplinary action taken with rcspect to any probational)' employees is
cxpressly excluded from this paragraph.
-11-
H. \\'hcrc any pn1\'ision of this ;\greemem il1\'oh-l:s rcsponsibility on the pan of the L'nion that, in
the \.iew of the City, is not properly being carr;cd out, the City may present the issue to the
Union as a grievance, I f such grie\'ance cannot bc resoh-cd by discussion bctween the City and
the L;nion on an infol1l1al basis, the gric\'ance shall be initiateJ at Step 3 of this procedurc by
the Dcputy Cir:-' ~1anager, or his/her designec, and submitted in writing to the Union PrcsideIH.
I f not resol\'l~d within 21 calendar days iollowing receipt by the Union of the written grievance,
the City ma~' submit the gril'\'ance to arbitration under the prm'ision of this :\nicle.
1. The timc limits of a grie\'ance at any level may be extended by mutual written consent of the
parties. I fa grie\'ant fails to submit or ad\'ance a grievance at any step in the process within the
prcscribed rime limit as dctlned abO\'C, the written determination recei\'Cd by the grie\'ant from
thc respondent at the prior step shall be considercd accepted by the gric\'ant, and the grievance
shall be considered resoh-ed. ) f the Cir:-' fails to respond to a grievant at any step in the process
\\;thin the prescribed time limit as defined abm'C, the Union may advance the grieyance to the
next step in the process.
ARTICLE 7
PERSONNEL PRACTICES
Section 1.
Regular \Vork Hours
:\. The regularly scheduled work week of the employees in the bargaining unit will be from 12:01
a.m. Saturday to miJnight Friday. Employees' hours of work excluding unpaid mcal periods
\\;11 consist of the number of hours set forth opposite the respective job class titles in the
Official Par Plan.
B. :\11 full-time employccs shall be prm'ided up to one hour off work \\~th no pay cach day for a
mcal period, gcnerally scheduled in the middle of tl1e work shift. \'\lhen employces arc relluircd
1))' the City to pcrfom1 aCUlal job duties during any part of a meal period, tlle entirc meal period
shall be paid and countcd as hours worked. i\ll full-time employees shall be granted two 15-
minute paid rest periods, onc during the first portion of tl1eir work shift prior to thc meal
period and one aftcr the meal period. If employces opt not to utilize such mcal and/or rest
pcriods, the City shall not be deemed to have \'iolated this section. Employees shall not ha\'C
thc right to accrue or othcrwise utilize rcst periods to alter their work schedule. In thc cvent a
full-time employce's wcekly schcdule is othcr tllan 5 work days, rest break timcs may bc
adjusted to pennit thc e<.)w\'alent rcst time on a weekly basis proportionate to cmployecs on the
standard 5 day work schedulc. Part-time cmployees shall be granted meal or rcst periods in
accordancc \\~th the abm'c and based on thc number of hours worked cach day proportionatc
to a full-timc cmployee in the same job classification.
C. \,\'hcn an cmploycc is relluired by the Department Dircctor to attend training or job-related
workshops, such timc spcnt shall bc countcd as hours workeJ.
-12-
D. The number (If Jays of work in a specitic work weck for cmployces in thc bargaining unit may
\Oary between four, ti\'l~, or six days. \,\'henc\"er practicablc, each cmployce's rcgularly schcduled
work weck will consist of two days off per week, exc!usi\'(.' of O\'ertime, standby, or recall. Each
full-timc employee and any parr-timc cmployee recluesting such will be grantcd at least one day
off per week, exclusi\"C of O\'Crtime, standby, or recall.
E. ,\n employee's work schedule will not be changeJ arbitrarily, and the employee will bc gi\"Cn
rcasonable noticc consistcnt with the City's planning of its needs. Forry-eight hours will bc
dcemed reasonable notice.
F Employees may recluest, and with the apprO\-al of their respecti\"e Department shall be
permittcd to aJjust or "flex" their hours of work within a specific work week.
C. Employecs will neither be docked pay nor bc paid ovcrtimc for the tlrst six minutcs (1/10
hour) bcforc or aftcr starting and stopping times.
Section 2.
Appointments & Promotions
;\. ;\11 appointmcnts to positions in the bargaining unit shall bc made on the basis of mcrit and
fitncss for the position to be Jetemlined as far as practical and possible by compctiti\"c
cxamination under the policies and practices of the Human Resources Department.
Employees may rcview their own respective examination results upon relluest. The Union
local president or dcsignce (excluding any examination participant) shaU be pennitted to review
individual examination rcsults upon requcst and take such notes as ncccssary for the purpose of
dctcrnlining whcthcr to file or pursue a gricyance.
B. Examination announcemcnts for compctitiyc cxams will be providcd to cach City Department
for posting at each appropriate work location at least 10 work days prior to thc filing deadline,
C. The City agrces to usc to the maximum cxtent the skills and talents of existing employees in thc
unit in order to achie\'e the resulting benefits of higher moralc and reduced UlrnO\'er. I n tilling
positions in the ullit, the City will gh'e concurrent consideration to persons in and outsidc the
unit, but all othcr factors bcing substantially equal, will till such positions by selection from
eligible candidates in the unit. This shall not prccludc the City from gh'ing promotional
exanunations restricted to City employees.
D. Promotional Lists -- The names of all persons who may be lawfully appointeJ and who shall
ha\'e attained a passing grade on any promotional or open competitive examinat.ion shall be
placed on the appropriate promotional list.
E. Duration of Eligibility -- All bargaining unit members appcaring on appointment cligibility
lists shall rcmain cligible for a period of fi\'e years from the darc of the establishing of the
member's name on the appropriate list. Bargaining unit mcmbers appearing on recmployment
eligibility lists shall rcmain eligible for reemployment for a period of onc year fWIll the date of
scparatJon.
-13-
F. Remonl of Names from Lists -- Names of eligibles shall bc rcmm'eJ from appropriate
eligiblc lists by opcration of any of the following:
1. :\ppoimment through certitication from such list to till a pemlanent position.
...,
Declination of :\ppoimmenr: Failure to respond to any inlluiry of thc I-luman Rcsources
Dircctor rcgarding availability for appointment.
3. ~eparari()n from thc Cir:-' service of an employce on a promotional list.
4. Disability (in accordance \\;th thc Americans with Disabilitics .\Ct) that pren~nts the eligible
from perfomling satisfactorily the dutics of the position.
5. Dctennination by thc I-Iuman Resourccs Director that thc eligible has bcen found to lack
any of thc established quali6cations for the position.
(;. Types of ;\ppoimments -- ;\11 vacancics in thc bargaining unit shall be tilled by appointment
from the appropriate eligibility list, as determined by the Appointing ;\uthorir:-' and the Director
of l-Iuman Resources. Selection criteria shall be dcvelopcd by the City and reviewcd by the
I-Iuman Resourccs Department. Such criteria, incluJing relevant 'luali6cations and seniority as
dcscribcd in .:\rticle 14, Scction l,B, shall be notcd on the job announccmcnt at the timc of its
posting. .:\ction plans more than two years bcyond successful completion shall not be
considcred as factors in any appointmcnt decision itwolving an existing employec. An
cmploycc who is not selected for promotion shall be affordcd, upon relluest, a mceting with thc
rcspectl\.c hiring deparUllcnt and/or I-Iuman Rcsources to be pro\'ided an explanation of thc
selcction criteria and thc manner in which it was applied, and including a l'evicw of areas
whcreby impro\'ement may make such employee bctter qualified.
H. Promotions -- \,\'hcnever an cmployec ha\;ng regular status successfully competcs in an opcn
competitivc examination and rcccives an appointment to a class of a higher Icvel, such
appointmcnt shall bc considered a promotional appointmcnt. A class of a highcr lcvel shall be
decmcd to be one ha\;ng a higher maximum rate of pay.
J. Ordcr of Certification -- Thc f-Iuman Rcsourccs Director shall detenninc the order of
certifications which may be by test score, alphabctically, by spccial qualification or as othct\\~se
determincd appropriate.
J. Tcmporary and Emcrgcncy Appointments
1. \,\'hcnever thcrc is need of an employec for a tcmporary pcriod, not to excecd onc year, thc
Human Rcsourccs Director shall certify the namcs of pcrsons on thc appropriatc eligibility
list. The acccptance or refusal by an eligible of a Tcmporary appointmcnt shall not affcct
his/her standing on the eligible list.
-14-
')
\,\lhcn it is impossible or impracticable to fill a position or whcn an cligibilir:-' list docs not
currcntly exist for a position classification, the :\ppointing ;\utllority and thc l-luman
Resourccs Director may appoint any qualiticd person to such position \'ia an Emcrgcncy
Appointmcnt without compctiti\"e cxamination.
3. In the cvcnt that an Emcrgcncy appointment is made for the purpose of filling a regular
vacancy when no currcnt cligibilir:-' list exists, the Human Rcsources Director shall schcdule
an examination for thc appropriate classification within 120 calcndar days in an effort to
cstablish a promotional or original appointmcnt list. I fan cmergency appoinU11cnt is made
for thc puq10se of filling a position due to temporary absence of regular cmployecs or
becausc of an cxcessive work load expectcd to be of short duration, the l-luman Resources
Dircctor shall not be required to schcdulc an examination for that position classification.
4. Thc Union shall bc pnwidcd monthly or upon request a list of all currcnt Emcrgency
A ppoin tmcnts.
K. Probationary PerioJs
1. All persons initially employcd or promoted to, or within, thc bargaining unit shall have to
serve a probationary period. During the probationary period, managcment shall observc
and rcview the employee's job perforn1ance, attendance, attitude and adhcrencc to
Dcpartment and City requircmcnts and such othcr factors as in thc City's dctennination are
important factors to consider \\;th respect to continuing the employee in the position.
')
Thc probationary pcriod shall consist of six consecutivc months or tl1e el}luvalent;
provided, howcver, that thc City may extend such probationary periods for up to tluee
additional months. Rcgular part-time employees shall be rcquired to complete 1040 hours
of actual work in a class which has a normal full-timc work schedule of 40 hours per wcck
or of completing 975 hours of actual work if employed in a class which has a nonnal
full-timc work schedule of 37-1/2 hours per wcek, providcd that in no e\.ent shall such
rcgular part-time employec be deemed to have completed a probationary period in less than
six calcndar months.
3. Detcrmination that thc employee has not successfully completed tllC probationary period
shall bc made by the City. The promotional probationary cmployee who does not
successfully complete the probationary period may have his/her probationary period
extcnded for up to threc months; or shall have the right to be returned to the cmployce's
former position at any timc up to five work days following the completion of the
cmployee's first month probationary performance reyiew; or may be re-assigned subsequent
to five work days following the completion of the employee's first month probationary
performancc rcview to anotller position at the same or lower lcvel for which the employee
is deteonined to be qualified and with no loss of pay from the employee's position prior to
promotion; providcd in any case that tl1ere is no cause for dislrussal. The entrance
probational)' employee who does not successfully complete the probationary period shall be
separated from employment.
-15-
-t. Time sClycd during a Tcmporary appointment in the samc job class immcdiately preccding
rcgular cmploymcnt status shall be crcdited toward thc time recluired to bc servcd in the
probationary period in thc same Dcpartment and the samc division.
5. In thc eycnt that an employcc is for any rcason abscnt from duty for an accumulated period
of 56 schcduled work hours or morc prior to the completion of thc probationary pcriod, all
such timc off may be uscd to cxtcnd thc prcscribed probationary pcriod.
6. I f a promotional probationary cmployec has conUl1itted a serious infraction which warrants
dismissal, then thc employcc shall be dismissed and not returncd to his/her fonncr
poslUon.
7. ..\ny newly hired cmployec who is separated during or at thc end of thc expiration of thc
probationary period or newly promoted employce who is returned to his/hcr fonncr
position shall haye no right of appcal or grieyance relating to such action.
L. Job Classification Appcals
.-\n employee, for good and sufficicnt rcasons, may appcal for a changc in classification. Such
appcal shall be submittcd to thc department head first who shall send it, with Ius/her
recommendation, to the Human Resources Director for reyiew as to its justification. If the
J-Iuman Resources Director finds merit in the appeal, he/she shall recommcnd to thc City
T\Ianager or designee an appropriatc changc in class. The dccision of the City Managcr is final
and binding.
Section 3.
Health & Safety
A. The City and the Union will coopcrate in establislung a. sub-conmuttee of thc
Labor/~fanagement Conunittcc with the continucd objectiye of eliminating accidcnt and health
ha7.ards. Tills comnuttee will mcet on a rcgular basis and may make written rcconm1endatlons
to the City regarding unsafe conditions or ideas for City safcty. Thc City will consider writtcn
reconunendations from the committec and will implement solutions to thcse conditions whcrc
practicable or shall appear before the committce or provide a writtcn response as to why said
solutions are not practicable.
B. Thc City will prO\'ide any safety equipment and dcYices for cmployees engagcd in work wherc
such spccial deyices and equipment arc necessary and are specifically rcquired by the City.
Employecs not utilizing safcty equipment wluch is specifically required by, and furnished or
paid for by the City, shall be subjcct to dcnial of work and/ or disciplinary action.
C. Employees will not suffer any position penalty nor be financially rcsponsible for damage to City
property occasioncd by accidcnt which is not caused by negligence.
-16-
D. Thc Cir:-' shall continuc to mainrain a cleanup room with s:l1limry showers for thc usc of all
cmployces whose employmcnt prcscnts a thrcat of discasc duc to thcir cxposurc to unsanitary
conditions in those areas whcrc it is currcntly doing so. I f the Union believcs that ncw
locations or arcas exist which thcy fcel should havc cleanup rooms with sanitary showcrs for
usc by cmployces, thcy shall ad\;sc thc Cir:-' at a Labor-~Ianagemcnt mecting and thc City shall
initiatc a rc\'icw of thc nccd.
I,:. Thc Cir:-' agrccs to pcriodically rcvicw the a\'ailability of discount programs through third parties
for employces who \\ish to purchasc safcty equipment not rcquircJ and providcd by the City.
F. l\:o cmployec shall be relluired to work morc than 16 hours in any day, exccpt in an emcrgcncy.
Section 4.
Paycheck Issuance
Paychccks shall bc a\'ailablc to be issucd to employecs at the start of thcir respcctivc workdays on
thc same day that thc paychcck is datcd.
ARTICLE 8
LEAVES OF ABSENCE
Section 1.
Holidays
i\. Designated Holidays
The following days shall be obscrved as designatcd holidays for rcgular full-time and part-time
employees.
New Year's Day
Martin Luther King Day
Prcsidents' Day
Memorial Day
Indepcndencc Day
Labor Day
Vetcrans' Day
Thanksgi\;ng Day
Day after Thanksgiving
Christmas Day
Note: Emergency, seasonal, Temporary, tcmporary part-timc, and othcr non-rcgular cmployees shall
not receive holiday pay.
1. Regular part-timc employees shall be cligiblc to reccive holiday pay at a proratcd amount
bascd on 20% of the wcekly average of the employce's annual budgeted hours.
2. \X1hen a City dcsignated holiday falls on Saulrday, the preceding Friday shall be dcsignated a
substitute holiday and obscrved as the official holiJay for thc ycar for non-shift cmployccs.
\X1hen a City designated holiday falls on Sunday, the following Monday shall bc designatcd a
substitute holiday and observcd as the official holiday for that year for non-shift employces.
All designated holiday pay considerations arc applicablc to thc designatcd holiday.
-17 -
3. Desit,11latcd holidays which fall on an employee':, regularly schcduled work day shall count
as hours actually worked for the purposes of c.llculating overtime. The Cir:-' shall not
arbitrarily adjust work schcdules to preclude a designated holiJay from falling on an
cmployec's regularly schcdulcd work day. Thc City shall pay overtime at the rate of time-
and-one-half for all hours "d/(iI/!)' worked in cxcess of -W hours in any onc work weck.
I-lours for which an cmployec is paid as a result of sick time, \'acation and similar penods of
nonproducti\'e timc shall not be comidcrcu as time workcd for thc plllVOSC of computing
O\'crtime pay, exccpt as othcrwisc prO\'iued in this ;\grecmcl1t.
4. Employces who are rcquired to work on a oesignatcd holiday shall rcccive umc-anJ-one-
half thcir rcgular pay for all hours acrually worked on the holiday plus holiday pay at thc
cmployccs' rcgular ratc of pay.
5. :\n cmploycc scheduled to work a designated holiday and who, without notice and yalid
rcason therefore, in thc juJgmcnr of the City, fa.il~ to rcport for such work, shall forfcit
holiday pay as well as losing rcgular pay for the numbcr of hours hc/ shc would h:1\'C
workeJ.
6. Employccs on yacation lea\'c, jury duty, sick leaye and othcr absences from dur:-' but on a
rcgular pay status on thc Jay thc designatcu holiday is observed must usc thc holiday on thc
samc day that it is earned.
7. ..-\n cmployee must work or bc in a paid status on lus/hcr regularly schcduled work day
immediately preceding and on his/her regularly schcdulcd work day inUl1cdiately following
a holiday to bc entitlcd to any compensation for thc holiday. Employccs who arc absent
from work in a non-pay starus (such as an employec receiying \V'orkcrs' Compensation who
has exhaustcd the injury bcnefit and sick lcave, lcayes of absence without pay, ete.) on either
thcir regularly schcdulcd work day inunediately preceding or immediately follO\\ing the
designated holiday shall not be paid for holidays falling \\itlun such periods.
8. If an cmployee calls in sick in accordance with cstablished notification requirements when
scheduled to work on a designated holiday, the employee shall receivc holiday pay (cight
hours for the 5/8 cmployce anu 10 hours for the 4/10 employec) and shall not be chargeu
sick lea\'e.
9. Pay Procedures for Designated Holidays
a) Procedure when holiday falls on employee's scheduled work day and employee
takes the day off: Pay eight hours holiday pay for the 5/8 sluft and 10 hours holiday
pay for the 4/10 shift. Both types of employees are paid for 40 hours -- a stanJaru
work wcek minus one work day plus one day holiday.
-18-
b) Proccdure whcn holiday falls on employee's schcduled work day and employcc
works pan of the day, works the respectivc normal full work day, or works
overtime beyond the respcctive normal full work day: Employccs on thc 5/8 shift
rcceiyc eight hours of holiday pay and cmployees on thc 4/10 shift receivc ten hours of
holiday pay. Employec is paiJ time-and-onc-half for hours actually workcd on thc
designated holiday.
c) Proccdure whcn holiday falls on employee's regularly schcduled day off:
Employce may elect to receive holiday pay which \\;ll not count as hours actually
worked for thc purpose of calculating overtimc (eight hours for thc 5/8 shift and ten
hours for the 4/10 shift) in addition to rcgular hours schcduled for the week; or may
elect to dcsignate as a holiday his/her regularly schedulcJ work day which immcdiately
prcccdes or immediately follows thc City designated holiday \\;thin the samc pay week,
in which case the hours for holiday pay would count as hours acnlally workcd for the
pu.rpose of calculating ovcrtime.
B. Floating Holidays
In addition to thc Jesignatcd holidays abo\.e, cmployecs shall be cntitled to up to three tloating
holidays per payroll calendar ycar. Regular parr-time employces shall be eligiblc to recciyc tloating
holidays at a prorated amount bascd on 200'0 of the wcekly averagc of tl1e cmployec's annual
budgctcd hours. Floating holidays may bc utilized in full-day incremcnts only. Floating holioays
shall count as hours worked for the purpose of calculating ovcrtime~
1. Dcsignatcd holidays or any day an cmployee is not scheduled to work may 110/ be selected as
a floating holiday.
') Floating holiday rcquiremcnts for new hires arc as follows:
a) No employee may utilizc floating holidays until 60 calendar days aftcr thcir employmcnt.
b) ~\ny bargaining unit membcr employed between January 1 and T\larch 31 shall receivc
threc floating holidays to be utilized during thc calendar ycar of hire.
c) Any bargaining unit mcmbcr cmployed betwccn April 1 and June 30 shall rcceh'e two
floating holidays to be utilized during the calendar ycar of hire.
d) Any bargaining unit mcmbcr cmployed betwccn July 1 and Scptembcr 30 shall reccivc
one floating holiday to bc utilizcd during thc calendar ycar of hirc.
e) Any bargaining unit mcmber employed on or aftcr October I shall not rccelve any
floating holidays during the calcndar year of hire.
-19-
3. Floating holidays may not be carricd O\'cr from one calendar ycar to anothcr and, if not
taken, are forfeited, cxcept that when a Dcpartment cannot schedule or cancels a prc\'iously
scheduled floating holiday due to City work needs, the floating holiday may thcn be takcn
\\;t!un 60 calcndar days of the new calcndar ycar. :\n cmployee may not request any
carryO\'cr of floating holiday time.
4. Floating holidays are schcdulcd at the mutual com'cnicnce of the employee and the
respcctive Deparollcnt. Gencrally, 48 hours shall be considcrcd reasonable notice for
requesting the use of floating holidays. Howc\'cr, thc rcspecti\'e Dcparonent Dircctor or
designee shall hayc thc solc discrction to apprO\'c such rcquests if practicablc when
proyidcd \\;th less than 48 hours notice.
5. Upon an cmployee's separation from thc City, the employce will rccciyc a lump sum
paymcnt at thc employee's current basc rate of pay for his/her remaining floating holiday
balance, or if retiring may use such balance to advance the date of retirement.
Section 2
Vacation
A Vacation Accrual
Vacation Accrual for 37.5 Hour Employees
Years of Service
o
1 * as of anniversary date
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16 and over
Biweekly Accrual
2.885
2.885
2.885
3.173
3.462
3.750
4.039
4.327
4.327
4.327
4.615
4.615
4.904
5.192
5.192
5.481
5.769
-20-
Vacation Days
o
10
10
11
12
13
14
15
15
15
16
16
17
18
18
19
20
Vacation Accrual For 40-Hollr Employces
Years 0 f Scn'ice
o
I' as of 311l1iversary date
')
3
4
5
6
7
8
9
10
II
12
13
14
15
16 and over
Biweckly .:\ccrual
3.077
3.077
3.077
3.385
3.692
4.000
4.308
4.615
4.615
4.615
4.923
4,923
5.231
5.538
5,538
5.846
6.154
Yacation Da \'s
o
10
10
II
12
13
14
15
15
15
16
16
17
18
18
19
20
B. ~Iaximum amount of vacation lcayc that may bc accwnulated is 240 hours.
C. 111c vacation ycar shall bc thc payroll calcndar ycar.
D. Vacation lcave will accruc on a biwcckly basis and will bc pro-ratcd according to hours in a paid
staNS.
E. The borrowing or ackancing of \'acation lem'c prior to its accrual is prohibited.
F. Employces must be employcd for SLX calcndar months prior to requcsting the use of vacation
leavc.
G. New cmployees who fail to complcte the entrance probationary pcriod are not paid for any
accrued vacation leavc.
H. ..:\11 employees must be granted a trunimum of two wecks vacation per calcndar year if properly
requested by the employee in accordancc with Department vacation selection procedures.
Vacation leave may not be carried in an amount abm'c the vacation cap. If vacation leave in
excess of the cap is not taken, it is forfeited, except when a Department cannot schedule or
cancels previously scheduled vacation time due to City work needs. The canceled vacation time
must then be taken within 60 calcndar days of the scheduled vacation date, No othcr granting
of any carryover of vacation time abO\'e the vacation leave cap is pennitted.
-21-
I. .\ pcriod shall be cstablishcd for thc purposc of Yacation sclcction, known as a \'acation pick.
This period shall bc thc last t\\'O work wccks in thc month of january cach ycar. .\11 employccs
will havc thc opportunity to submit their yacation rcqucsts for up to the numbcr of days that
the cmployce currcntly accrues annually for that calenJar ycar only. ~Ianagemcnt will re\"iew
these requcsts and detcrmine their staffing l'C<.juirements. ~Ianagcmcnt will grant the rC<.juests
that do not intcrfere with thc operations of the Cir:-". If morc than one person re<'luests vacation
that conflicts with staffing nccds of the City, the conflict will be decidcd on the basis of City
seniorir:-'. ;\ftcr the cnd of January, any re<'lucst for yacation shall bc bascd on "first come, first
SetTc". ~eniority of a bargaining unit mcmber shall not be uscd to rc\'oke \"acarion lea\'C or
other time off for which a dcpartment has grantcd prior apprO\'al to another bargaining unit
membcr with less scniority.
J. In the e\'em an cmployec is promotcd, demoted or transferred from a full-time position to a
full-time position with greater or lcsser biweckly hours, such employee's thcn accrued vacation
hours shall be adjusted, as appropriate, to retlcct tlle equi\-alent vacation days.
K. Rcgular part-time employees shall have \'acation accrual prorated cach payroll period based on
the actual hours in a paid status.
L. Regular full-timc cmployees who nonnally work a schedule inconsistent with the 5-day, 37-1/2
or 40 hour work schedule, shall accrue paid yacation on a schedule proportionatc to subsection
....\ aboye bascd on the applicable biweekly schedule.
~1. Upon scparation from the City sen'icc, cmployees shall be paid at their respective current basc
rate of pay at the time of separation for thc unuscd portion of vacation le:1\'e for which they
may at that time be eligible, or if retiring may utilize such remaining vacation leave balancc to
ad\'ance the darc of retircmcnt.
N. If sen'ice requircments permit, cmployees may, with reasonable notice and the appro\'al of tl1Cir
rcspcctivc Dcpartmcnt, use their accrued vacation in increments of tenths of an hour. 4H hours
shall be deemed reasonablc notice. However, tl1e respective Department Director or his/her
designee shall have the sole discrction to approve such requests if practicablc whcn providcd
with less than 48 hours notice. The application of this paragraph shall not be subjcct to the
grie\'ancc procedure.
Section 3.
Sick Leave
A. Sick Leavc Accrual
1. Employees shall accrue sick leave each payroll period prorateJ baseJ on hours in a paid
status. Employees assigned to a 40-hour work week shall accrue 3.693 hours of sick lea\'c
on a biwcekly payroll basis. Employees assigncd to a 37.5 hour work week shall accruc
3.462 hours of sick leave on a biweekly payroll basis. Note: Employces earn 12 days per
payroll calenJar year.
-22-
')
Regular parr-time employecs shall be eligible to rcceive sick lea\-c at prorated amount based
on hours in a paid status.
B. Sick] .ean: :\ccrunl Caps
Employees may accumulatc up to 1560 accrucd hours.
C. Sick Lcaye Balance Transfcrs and Restoration
1. Sick leaye balanccs are rcstorcd to an cmployee recalleJ from layoff or returllco from a
lea\'e of absence.
2. Sick \e;we balances rcmain the same upon transfer to anothcr Deparmlcnt or classification
with the same hourly work week.
3. Sick le:wc balances are com"errcd to tXlui\'alent days if an employee changes classification to
that with a diffcrcnt houri\' work week (Lc., 40-hour work week to 37 -1/2 hour work week
and yisc versa).
4. No sick leaye balanccs arc restored after a break in scrvice. An employee will have a break
in service if the cmployee is rehired by thc City sL'i: months aftcr thc date of rcsignation or
rctiremcnt or one year after a layoff. Authorized lcaves of absence, suspensions,
rcinstatements aftcr disability retircmcnt or dismissal, and layoffs of less than one ycar will
be countcd as continuous service and shall not be a brcak in service.
D. Calculation for Use of Sick Lea\"e
1. Sick leave may be authorized in increments of tcnths of an hour.
E. I\uthorizcd Use of Sick LCa\'c
Sick Leave usage shall be authorized for the following absences:
1. Due to personal illncss or physical incapacity.
2. Due to exposure to contagious discase in which thc health of others would bc endangcred
by the employee's attcndance on duty.
3. Duc to dental appointments, physical examinations, or other personal farnily sickness
pre\'ention measures.
4. Duc to illness of a member of the employee's immediate family that requires the employee's
personal care and attention. "Immcdiate family" shall mean parents, step-parents, chilJrcn,
step-children, grandparents, grandchildren, brothers, sisters, present spouse of the cmployee
and the "immcdiate family" of thc cmployee's spouse, or othcr family member in the
immediatc houscholJ.
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Emplo~"Ccs shall be authorizcd to use Sick] .em-c as it is accrued. Employees may \'oluntarily
submit acceptable: evidence such as a certiticare from a medical doctor to :,ubstantiate the reason
for relluesting Sick Lea\"c, or thcy may in certain circumstance:, be relluireJ to do so by their
respccti\'e dcpartments. .:\ valid doctor's certificate shall be a written, typed, or printed statemcnt
from the doctor specifying the date(s) of visit/ consult:uion with the doctor, the date thc cmployee
is aurhorized to return to work, any condir.ions or limitations imposed by thc doctor, and the
signature of the doctor or his/hcr designee. Employecs who suffer from chronic or rccurring
illncss will bc prodded with Family amI ~lcdical ] .c:1\"e Act relluest forms which may bc used to
authorize intennittent use of Sick Lea\'c in accordance with thc ,\ct. The City reselyes the right to
substantiate the legitimacy of any certificate submitteJ by an employee as cvidentiary reason for the
use of Sick Leave.
F. Sick Lcavc usage shall be monitored by the City, and cmployees who arc found to be utilizing
Sick Leave in exccss of the following thresholds shall be subjcct to the subsequcnt procedures:
1. \\lhcn an employee misses threc consccutive regularly scheduled workdays in conjunction
with the use of undocumcnteJ sick leave (no doctor's ccrtificate), the employee shall be
relluired to provide a \'alid doctor's certificate prior to being admittcd back to work.
2. \,!hen an employee's undocumented sick leave use cxcceds the number of hours
equivalent to three of the employee's regular work days in a three-month period, the
employee's supcn"isor shall counsel the employee rcgarding the absences. Should thc
employee's undocumented sick lca\"e be equi\'alent to or exceed the number of hours
equh'alent to fin: of the employee's regular work days in an)' six month period, the
employee's supen'isor shall work with the cmployec to establish an action plan which
may relluire the employee to prO\'ide a \'alid doctor's certificate upon return to work
following subse<]uent absences in conjunction with sick leave use for a period of up to
six months.
3. \\lhen an employee's undocumented sick lea\-e use constitutes a recognizable pattern
occurring three times within a three month period or less, the employee's supcn-isor shall
counsel the employce regarding the absences. The employce may be asked to explain thc
nature of the leaye use in relation to the pattern. Should the cmployee fail to providc a
satisfactory justification of the nature of the sick lea\'e in relation to the established
pattern, the supen.isor shall work with the employee to establish an action plan which
may recluire that the employee provide a valid doctor's certificate upon rcturn to work
following subsequent absences in conjunction with sick leave use which meet the criteria
of the pattcrn for a period of up to six months. The use of more than one
undocumcnted sick leave day which meets the established pattern following the
expiration of an action plan shall be cause for reviving thc action plan. Examples of sick
leave use which may be considcred to constitute a pattern of abuse shall include but not
be limited to the following: the recurring use of a sick day following a pay day; the
recurring use of a sick day preccding or following other paid days off; the recurring use
of a sick day cach time the employec ncars or reaches the established sick leave cap; etc.
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-1-. \,\lhen an employee has a documentcd chronic or recurring physical illness, injury, or
condition, thc Cir:-' shall prm.ide the employcc with Family ~Icdical and Lean~ ;\ct
rcquest forms to be completed by the employee's physician, which may bc used to
authorize intennittent usc of Sick Lcave in accordancc with the tcrms of the ;\ct.
Employees who utilize sick leave for a pcriod of six months or morc may bc rClluired to
undergo fitncss for duty or maximum physical capacity cxamination in orJer to
detcrmine the employce's ability to return to work in the samc job classification or
whcthcr the employee may require a rcassignmcnt upon return to work. All such Ic:l\'cS
shall be administercd in accordancc with the Family ~ledical Lcavc Act whcre applicablc.
G. Paymcnt for Unused Sick Lea\'c
1. Upon separation from the City service, an employee shall be paid for onc-half of his/her
accumulatcd unused sick leave up to 1560 hours or may use such amount of sick lean~ to
advancc thc date of retirement. The rate of payment shall be based on the currcnt basc
hourly rate (excluding shift differential or any other addition to basc pay) of the cmployce
on the last day workeJ prior to separation. The hourly rate will be adjusted in accordance
with base biwcekly pay if the employce is on a work schedule other than 40 hours per week.
The employee may rcquest that one-half the payment for unused sick leavc be Illade at
separation and one-half the payment be made in thc first payroll period in the next calcndar
year. rnle paymcnt will be made providcd:
a) The employec is rctiring on City Pension.
OR
b) The separation is involuntary on thc part of the employcc including disability (incurred
on or off the job) and layoffs,
OR
c) The cmployee's estate shall receive payment if an cmployee dics.
OR
d) The employce is eligible to retire under Federal Social Security and has a minimum of
five years of service.
2. i\n employee who has been dismissed for causc shall have no claim for sick leave payment.
H. Injury from Other Employment
1. .An employce may not utilize accumulated sick leave for absenccs resulting from an injury
arising out of and in the course of employmcnt, othcr than City cmployment, for which
monetary or othcr valuable consideration is reccived or expccted. .Any employce who
utilizes accumulated sick leave, or who attempts to utilize accumulated sick leave, for
abscnces resulting from an injury arising out of and in the course of employment, other
thall City cmployment, may face disciplinary action up to and including temunatioll.
-25-
\. U~12 of Leave :\fter .\ccrual
1. Employees may bc authorizeJ to usc ~ick leavc aftcr it is accrueJ. Thc employce may be
required to submit acceptablc c\'idence such as a mcdical certificatc from a medical Jocror
to substantiate thc rcason for requesting sick lea\'c.
J. Bonus J .cave Da\'s
1. Following a payroll calendar year that a bargaining unit employee uses no sick lea\'C, or less
than two days of sick lea\'(~, the employee will bc awardcd bonus lea\'l~ days in accordance
with thc following chart. Bonus lea\'e days must be used in the next payroll calendar ycar.
Amount of Sick Leave Used
Bonus Days Awarded
Zero Time
2
~ lore than zero timc
but less than t\\'o da\'s
1
a) ;\ payroll calendar ycar begins with the first day of the first pay period for the first
paychcck date in the calcndar year and cnds with the last day of thc last pay period for
the last paycheck date in thc calendar ycar. The City agrecs, when practicable, to
providc notice of the date of the beginning of thc payroll calendar year and thc datc of
thc end of the payroll calendar ycar on cmployees' paycheck advicc statements prior to
thc respective payroll pcriod in which such dates occur.
b) Bonus days arc not included in O\'ertimc calculations.
c) Upon an employee's scparation from thc City, the employec will rcceivc a lump sum
paymcnt at the cmployce's current base rate of pay for his/her rcmaining sick leave
bonus day balancc, or if rctiring may use such balancc to ach-ance the date of rctirement.
K. Sick Lcavc Pool
1. .:\ leavc pool will bc cstablished by members of thc bargaining unit subjcct to the following
pro\'lSlons:
a) The purpose of thc lcave pool is to provide leaye to bargaining unit members who face
significant time off without pay due to a scrious illncss or injury, whcthcr job-connccted
or non-job-connected, or serious illness or injury to a family membcr as defincd in this
scction. Thc lcayc pool may not be used for short time periods whcre an employec may
be without pay. Short timc shall bc dcfincd as less than} 5 work days.
-26-
b) :\ committee ~hall be f0111ll:d and the committee shall determine.:: usc of the lca\'C pool
days, ~ubject to the aboyc purpo~r and limitations.
i) The committee shall cOllSi~t of thrce mrmbcrs Jc~ignated by the Union and one
non-\'oting managemcnt employec designated by the City ~lanager or City
:.lanager's designee, who shall prm'ide admini~trative oversight and ensure
compliance with the terms of the established policy and this i\grcement.
ii) The committee shall review cmployee needs and circumstancc~ consistent with the
prodsiollS of the Icavc pool :lnJ shall Jetel1l1ine eligibility for and thc amount of
leave time up to an established maximum numbcr of Jays that may be provided to
cmplo~'ee~.
iii) The committee may establish procedures, forms and other rulcs necessary for its
effecti\'e operation, provided they are consistent \\ith the prO\'isions of this section
and subjcct to the approval of thc City ~f;lllager or his/her designce.
i\') The committee's decisions are tlnal anJ arc not subjcct to thc gricvance procedure.
Bargaining unit mcmbcrs may donatc days onc timc per year from thcir \'acation
leavc, floating holiJay, or sick bl\'e balancc~ at 100~.0 value.
c) No employee shall be pel1l1itted to donatc more than four days of le:l\'c per ycar to the
pool, unlcs~ authorized by thc City Manager.
d) In thc event that the lcavc pool balance becomcs lowcr than 100 days, the committec
may, with thc prior approval of the City Managcr or designcc, opcn up thc opporumity
for additional donations to be made during the calendar year.
e) .:\11 donations of pool leave time must be in full-day increments bascd on the full-rimc,
rcgularly schedulcd day for the employee's respcctive job classification (i.e., an 8-hour or
1 a-hour day is a full day).
f) Donations of pool leave time are irrc\'ocable.
g) No dollar \'alue shall bc placcd on leave donations. ..\11 donations and all authorizcd
usage shall be computed as day-for-day.
h) \\1hcn poollcave time is authorizcd by the cOI1Ul1ittee for use by an employee, it shall be
on a day-for-day basis, irrespccti\'C of thc number of hours llsed each day. Each day or
portion thereof shall be countcd as one day. .An cmployce using lea\'c pool timc shall
rcceive rcgular base pay and his/her rcgular shift pay. Howcvcr, other pays shall not bc
providcd with lcavc pool days (c.g., lcad pay, acting pay, spccial assignment pay, ctc.).
i) Pool lcave time grantcd and not uscd in a gi\'cn year by the employce rccei\'ing thc
donated poollcave timc shall rcmain with thc lca\'c pool and be carricd over to thc next
year. No donated pool leave timc will bc rcfunJcJ to the donor.
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Section 4.
Funeral Leave
.\. Employees shall be allowcd up to four schedulcd work clays at any onc timc for funcral bl\-c to
make arrangemenrs for and attend a funeral or memorial serdce with no loss of pay and no
charge against sick lea\'C time in the event of death in the "immediatc" family. "Immediatc"
family shall bc defined as the employee's spouse, or the employee's or employee's spouse's
chilJ, parcnt, grandparent, grandchild, brother, sistcr, stcpparent, and stcpchild.
B. Employees shall be allowcd up to four scheduled work days at any onc timc, chargeable to sick
leavc, to nukc arrangcments [or amI attend the funeral or memorial service in the C\'Cnt of
death in the "cxtcnded" family. The tem1 "extended family" as used in this paragraph shall
mean stepbrothers, stepsisters, brothcr's wife, sistcr's husband, daughtcr-in-law, son-in-law,
aunts, uncles, nephews, and nicces of the cmployee or of the employee's spouse, or othcr
members of thc immediate household. It shall also include any blood relative of the emplo~'Ce
li\'ing in the employce's household.
C. I n the evcnt that extenuating circumstanccs should necessitatc an absencc longcr than four
scheduleJ work days to accomplish the purpose for which this section is dcsigneo, thc
employee's deparuncnt head, with thc prior approval of the City ~1anager or dcsignee, may
authorize an extension of such duration as may be necessary and proper. Thc rCllucst for an
extcnsion shall be submitted in fonn and substance suitable to the department head and the
City ~lanager or designce. Compensation for approved additional days shall be consistent with
the prO\'isions outlined above with respect to the relationship of the family mcmber to the
employee. To be eligible for funeral leave under eithcr section, the employee must attend the
funeral or memorial sen-ice. The City reserves the right to relluire documentation
substantiating the requcst for funeral lcave when such requests excecd two in a twelve month
pcriod, or when the City has a reasonable basis to contest the legitimacy of such relluests.
i\uthorizcd documentation for such purposes shall include but not be limited to a certificate of
dcath, obituary noticc, memorial card, notc from the attcnding clcrb']', or documents verifying
tra\'el. Employecs who request more than two funerallcaves in a twelve month period shall be
notified upon approval of any additional funeral leavc of thc necessity to pro\Oidc
documcnt~tion to their respecth'c departmcnt on their return to work for the duration of the
tweke month period.
D. Time Off to .:\ttend Funcrals on Pcrsonal Basis
1. Employees who wish to attend a funcral of a City cmployee or ofticial or the family
member of such cmployce or official may rC(luest to utilize accrued vacation time, floating
holiday timc, sick leavc incentivc day time, or may rcquest to adjust their work hours within
the same workwcek. Such requests may be made to thc rcspective Dh-ision I-lead or
Department Dircctor and may be approved by such authority. To the extent possible,
approval shall be granted; provided, hO\\'c\'cr, it is understood that opcrational necessities
may preclude approyal for a substantial numbcr of employees.
-28-
')
;\n employec attending a funcral while using \'acation time, floating holiday time, sick lean:
incenri\-c day timc, or time off \\ithout pay is Joing so on a personal basis and is nOt:
rccognized as a "City represenrative." I f the cmployee lea\'cs from work to attend the
funeral and/or returns to work after attcnding thc funcral, all tra\'cl timc shall be included in
the \.acation time, floating holiday time, sick Icave incenti\'c day timc, or time to be adjusted.
3. l':mployccs utilizing funcralleave when such le:l\'e is bascd on the death of a cO\'crcd family
member as provided by this ;\grcemcnt shall be allowed time off \\ith pay consistent with
prm'isions of ,\rticle H, Section 4. However, such employees arc deemed off dur:-' while on
funerallea\'e.
Section 5.
Line-of-Duty Injury
.\. Thc tcnn linc-of-duty injury is an injury which occurs on thc job only when said injury is
reportcd on thc day of occurrcncc and when said injury incapacitatcs thc cmployee from
perfonning his/hcr job because of the injury. The Cir:-' shall have the right to recluire thc
employee to ha\'C a physical cxamination by a physician of its choice prior to payment of any
compensatlon.
B. :\n employee may utilize accrucd sick lean~, however, the amount paid shall be only that
amount required to supplement funds received by the cmployce from the Florida \'{/orkers'
Compensation Law and any other disability or othcr income plan provided by the City, to the
point whcrc the sum of all paymcnts is cqual to the employec's regular base pay at thc timc of
injury. ;\t such rimc as thc cmployec receives his/hcr initial workcrs' compcnsatiOI~ payment,
the City shall allow the usc of accrued sick lcave necded to cqual the cmployec's base pay. .Any
adjustmcnt to pay under this policy will be made following the cmploycc's rcturn to work or at
the cxpiration of the pcriod for which \'\!orkers' Compensation paymcnts are prm"ided under
statc law.
C. Should an cmployee bccome unable to perfom1 his/hcr job duties due to an on-thc-job injury,
he/ she shall ha\'e the option of accepting a demotion or latcral transfer; prO\ridcd that an
opening exists in the position to which he/she is dcmotcd or transferred and provided furthcr
that he/ shc is capablc of pcrfom1ing thc duties of that position. The City shall have the right to
rcclulre the employce to takc a noncompetitivc examination to dctenninc if the cmployec is
capable of perfonrung the tluries of thc position he/ shc seeks to fill.
D. An employee with less than 12 months employment who is injured on the job and is eligible for
\'\'orkers' Compensation will not be chargcd sick lcavc for any medical appointments which
occur during scheduletl work hours anJ have been approvcd by Risk Management.
E. The City may establish such reasonable reporting requirements as it dcems necessary to insurc
thc application of the \'\lorkers' Compcnsation Law.
-29-
Section 6.
I\1ilitary Leave
:\. :\ny cmployce who is a mcmber of a ReSC1YC Component or the National Guard and who is
relluired to participate in acti\'l~ or inactiyc training duty shall reccive IC:l\'e with pay for such
duty which falls on thc cmploycc's rcgularly scheduled work days up to a maximum of 17 work
days pcr ycar without loss of seniority rights or cfticicncy rating. :\bscnccs from duty for
military rCSelYC training time in exccss of 17 days per year shall not be compcnsatcd by the City.
:\ copy of thc employcc's military orders ccrtifying his/hcr training assignmcnt shall bc
submittcd to the Departmcnt Dircctor immeoiatcly upon rcceipt.
B. :\n employce who is rcquired to attend military duty training which falls or occurs during
rcgular working hours and which excceJs thc 17 days prO\'iJeo in Paragraph :\ abO\'C will bc
granted time off without pay. The cmployee shall be rClluired to provide timely notice of such
training assignments to the City. \'\/hen practicablc as dctcnnincd by the City, and upon the
rCllucst of thc employce, thc City will adjust thc cmployce's schedule in order to accommodate
participation in military duty training so that such training occurs on the employcc's days off.
C. \,\'hen cmcrgcncy conditions occur as dctermincd by the City, bargaining unit cmployecs
who arc called up to activc military duty shall bc providcd the samc rights and bcnefits
affordcd to othcr City employces pursuant to cstablisheo City policies or guidelincs in cffect
at thc timc such conditions exist.
Section 7.
Jury Duty and Court Time
;\. Thc Cir:-' shall grant le:1\'c with pay for jury duty or whcn an employee is subpocnaed as a
witncss on the following conditions:
1. Le:wc with pay will bc granted for those hours spcnt on jury duty or in court as a witness
that fall during thc employee's schedulcd working hours.
2. I f the timc intcrval between the end of the employee's most rccently workcd shift and the
reporting timc of tlle jury summons is less than eight hours, thc employee's work schcdule
will be adjusted to allow a minimum of eight hours time off prior to rcporting for jury duty.
i\lthough not mandatory, managcmcnt will givc consideration to cmployees to havc the
ability to change hours for special situations pursuant to tlus paragraph. Tlus section shall
apply only to jury duty.
3. I-lours worked on jurydut)' or in court which arc compcnsated under the provisions of this
Article shall not count as hours workcd for ovcrtime pay purposes.
4. I f an employee is excused or released by the Court before tllC end of his/her scheduled
work day, he/she must promptly return to work.
5. ;\n employee must bring writtcn evidence of jury duty service or court appcarance and the
amount of pay received before compensation is approvcd.
-30-
6. :\s t'oon as an employee learns of selection for jury dur:-' or court appearance, hl:/ shc must
notify thc appropriate supcf\'isor so that arrangcments may bc made for his/hcr abscncc
from work.
7. In the cvent a holiday shall occur Juring thc pcriod of the employce's jury dur:-' or court
appcarance, thc employee shall recei\'e pay for such holiday in accordance with this
agreement.
8. Leave \\ith pay shall be grantcd for an employee subpoenaed as a witncss except in a case in
which thc litigation has becn initiateJ by the employce or in any casc invoh'ing divorce,
child support, or custody.
Section 8
Administrative Leave
The Cir:-' ~lanager may at his/her discretion grant employees administrati\'e bl\'e \\ith pay for
their nonnal work shift or balance thereof when circumstances dictate that the\' be rcliC\'ed from dut\,
. .
bccause their sef\'ices are detennined to be non-essential. Employces whose sClyices arc dctel1nined
to bc essential anJ arc required to work under such circumstanccs shall bc compensated at the ratc of
one-half times their regular hourly ratc of pay in addition to any other compensation due for all hours
actually worked when other employecs Cit:y-wide or in the same work unit ha\'e been released on
aJministrati\'e lea\'e. I f the employee is recluired to \vork a shift which is lcss than thc employee's
regular shift, thc cmployee shall be paid in accordance with the abovc for all hours acnlally worked,
and shall be grantcd administrativc lcave with pay for the remaining hours making up thc employec's
regular shift. ~-\ll hours aCnIally workcd shall be countcd as such for thc purposc of computing
O\'ertime. Schedulcd administratin~ lcm'e with pay shall not be considered as hours worked for thc
purpose of computing O\'crtimc. Unscheduled administrativc leavc \\ith pay shall bc considered as
hours worked for thc purposc of cOJ"i.lputing ovcrtime. .-\t lcast forty eight hours notice shall bc
considcred scheduled. Employccs who arc on prcviously apprm'cd lcayc are not eligiblc for
administrati\'c leave with pay.
Section 9.
Leaves of Absence Without Pay
.A. Employees are allowcd to takc a lem'c of abscnce without pay lip to six months, if appro\'ed by
thc City Manager, following thc cxpiration of all paid leavc balanccs. l.':mployces may re<'luest
extensions of additional six months. ApprO\'al of such cxtcnsion request shall bc at the
judgment of thc City ~Ianager and such approval shall not bc unreasonably \\ithhcld.
B. Upon expiration of an cmployee's accumulated paid leavc and when the employce is unablc to
renIrn to work, upon writtcn rcquest and when supported by medical documentation, a lcavc of
absence without pay for not more than onc month shall bc granted for the cmployee's
continuing personal illncss, at which time the casc will bc reviewed by the City Managcr for
considcration of an extcnsion of timc, if neccssary, and if requcsted by the employcc.
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C. Failurc to rcturn to work at the cxpiration of an appro\'Cd lcavc shall bc considcrcd as abscnce
without lea\'c and grounJs for dismissal, but upon timely rcturn from lcavc, the cmployec shall
bc grantcd and givcn the samc position or substantially similar position without loss of salary or
bcncfits.
D. Thcrc will bc no accrual of bcncfits or scniority during such leave. During a lea\'e of abscncc
without payor any other non-paid lCa\'e or no-pay status of an cmployec cxcccding two wceks,
the employec, if hc/ shc desircs to continue hospitalization covcragc for thcmscIvcs and
dcpcndcnts, must pay thc rccluired premiums to the City. Failurc to pay for such continuation
shall rcsult in thc loss of co\"Cragc.
Scction 10. Othcr Time Off
:\n employee shall or may bc granted neccssary nme off from his/her duties with
compcnsation for any of the following rcasons:
:\. For pre-induction physical examination when so ordcrcd by a Selcctive Sen'icc Board. Timc
off shall be granted for the minimum pcriod necessary to comply with such ordcr but shall in
no case exceed two rcgularly schedulcd work days.
B. l\ttcndance ~t professional or other conventions, institutes, courses or meetings \\ hcn such
attendance, in the opinion of the City ~Ianagcr, may bc expccted to contribute to the
bettcmlcnt of the City service.
C. Attcndance at in-service training and other in-serdce meetings or programs sponsored by the
City whcn, in the opinion of the City ~Ianager, such meetings or programs arc designed to
improvc the City services and/or the employee's perfomlance or to prcparc him/hcr for
advancement. The provisions of this paragraph shall bc deemed to include authorized safety
mectings and City-sponsored volunteer programs.
D. .-\n employce may be permitted to adjust Ius/her schcdule witlun a specific \vork'week, or may
be pcmutted to utilize paid leave, or may be granted time off without compensation upon the
expiration of all paid lcave for attendance at meetings othcr than thosc specified in the
subscction above, or to attcnd urgent personal business, providcd that such cmployee shall
requcst approval from his/her department head in sufficient time to pcmut tllC lattcr to make
arrangements therefor, and further provided that such timc off will not scriously affcct the
efficicnt operation of the Department.
E. Employees shall be relcased from duty \vitllOUt loss of pay while compcting 111 City
promotional examinations that are schedulcd during duty hours.
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Section 11. Union Time
. \. Union membcrs shall bc allowed time off \\;th pay to attend an officially called conferencc,
c()nn~nt.ion, or school not to excecd a total of 400 hours pCI' year, with the approval of the
affccted Department Director, prO\'ided that no less than one wcck's notice is prm'idcd.
B. :\dditional rlme off \\;thout pay for Un.ion acti\'ir:-' will be granted with the apprO\'al of the
DeparU11ent Director and sllch excused time will not exceed onc week at a time.
C. Bargaining unit members utilizing Union time off undcr prm-isions of this scction shall not bc
cligible during the timc of utilization for \,\'orker's Compensation bencfits in case of injury.
D. Union time off docs not count as hours worked for the purposes of calculating O\'Crtime.
E. Union time off with pay shall be granted by the City for the purposes of grievance
representation, labor management meetings, contract negotiations, and participation as a
member or attendee of any Cir:-' committee whereby the Union member appears at the behest
of and in the interest of the City. The Union shall have the right to select the number of
reprcsentatives authorized by the City to participate on the Union's behalf on City-initiated
committees, and shall notify thc City in writing of the names of those members selected by the
Union. The Union may select a substitute to replace an absent member on a City committee
\\;th the prior pennission of the substitute Union member's respective Department Director or
designee. The Union local president may participate as the Union represcntative on any
conunittees. The Union shall coordinate its choicc of representatives so that no single work
group or division \vill be adversely affected, Union time off \\-ith pay shall be provided for up
to five Union Executivc Board members(excluding a note taker) for contract negotiations and
labor management committee meetings.
F. The executi\.c board of the Union shall be allowed a monthly meeting to transact any and all
business pertaining to the Union, said mceting to be allowed during work hours not to
exceed two hours at straight time.
Section 12. Maternity/Child Care Leave
r.Iaternity / child care without pay to cnable a parent to care for a newborn, newly aJopted, or
seriously ill child may be granted to an employee, upon request and documentation of need, for a
perioo of up to sLx months in conjunction with leave authorized in accordance with the Family and
~Icdical Lea\'e Act, provided, however, that if both parents are employees of the City, only one parent
a t a time may take maternity/child care leave.
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Section 13 Leave Article Re-opener
The Cir:-' and thc Union agrcc that bascd upon a mutual agreemcnt of thc parties, this .:\rticlc
and rdatcd i\rticlcs and subjects may bc rcopcned for thc purposcs of ncgotiating mandatory
subjects of bargaining rclatcd to thc cstablishing of a program of Integratcd Disability ~Ianagemcnt
anJ any specific impact the implcmcntation of such program may ha\'e on any cxisting lea\"e
pro\'isions or items affcctcd by such le:1\'cs. :\ny itcms opcned for bargaining pmsuanr to this
Section may bc fully bargaincd, to impassc rcsolution if nccessary, cxcept as spccifically limitcd
below. Thc partics agrcc that the following specific itcms shall not be modified or subjcct to the
impasse procedure as part of this re-opcner cxcept by thc mutual agrccment uf the parties:
.:\. Employces shall continuc to accrue sick leavc at a rate equh'alcllt to 12 workdays pCI' year
prorated bascd on hours in a paid status.
B. Employccs shall continue to be permittcd to accumulatc up to 1560 hours of sick lcave.
C. Employecs shall continue to bc paid for onc half of accumulated sick lcave up to 1560
hours, or may use such amount of sick lcave to advance thc date of rctircmcnt provided
(1) they rctire on City Pension, or (2) thcy arc scpara tcd im'oluntarily for rcason other
than just causc, or (3) they retire under Fcdcral Social Security with a minimum of fivc
ycars of City scryice, or (4) they shall have thcir cstate recei\'e paymcnt if they die.
D. Employecs shall continuc to bc pcrmitted to maintain a sick lcavc pool subject to the
provisions outlined in this Agrcement.
ARTICLE 9
WAGES & COMPENSATION
Section 1.
classifications)
Salary (Sec Appcndi.... for listing of pay gradcs assigncd to representcd job
:\. Effccti\'e upon agreement, all cmployees shall be assigned to thc pay grades for their rcspective
job classifications as described in thc Appendix. Employccs whose currcnt basc rate of pay is
equal to or grcater than thc pay range minimum and equal to or less than the pay range
maximum rate of pay for their respective classification as described in the Appendix shall
continue to rcceive such base ratc of pay upon initial assignment to thcir respective pay range.
Employecs whose current base ratc of pay falls below the minimum rate of pay for their
respecti\'e classification as described in the Appcndix shall have thcir base rate of pay adjusted
to the minimum rate of pay upon initial assignmcnt to their respective pay range. Employces
whose current base rate of pay is greater than the maximum rate of pay for their respcctive
classification as describcd in thc Appcndix shall have their base ratc of pay adjusted to thc pay
rangc maximum and shall be provided a "red circle" pay differential such that the sum of their
base ratc of pay and the red circle pay shall c<.)ual their basc rate of pay prior to assignment to
their rcspective pay range.
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B. Effecti\'C Octobcr 1, 2002 to Scptcmbcr 30, 2003, cmployces whose currcnt base ratc of pay is
below thcir respecrl\'c pa~' range maximum and who did not rccl:i\'e a pay adjustmcnt upon
initial assignmcnt to their respccti\'C pay rangc and who rcceiyc a rating of Satisfactory or bctter
on thcir annual pcrfol1lunce rc\'icw shall bc proyiJed with a 400 mcrit pa~' incrcasc to be
applieo to the employees' biweckl~' base ratc of pay, effectivc as of the datc of the employecs'
eligibility thereforc. :\I1Y portion of thc incrcase which, when annualizcd, excccds the respcctin~
pay range maximum shall bc paid as a one time lump sum bonus payment, and such cmployecs'
biwcekly base ratc of pay shall be adjusted to thc pay range maximum. Employecs who rcceive
a pay adjustment upon initial assignment to their rcspectivc pay rangc and who rcceivc a rating
uf Satisfactory or bctter 011 thcir annual pcrfomlancc rcyicw shall bc providcd with a mcrit pay
increase, to be applicd to thc cmployecs' biwcekly ratc of pay, cqual to the difference, if any,
bctwcen thc amount eClual to 4% of thc cmployee's basc biwcckly rate of pay prior to the
adjustmcnt and the amount of the pay adjustment, to be cffecti\'C on the date of the reyicw.
Employccs whosc currcnt base rate of pay is at thcir rcspectivc pay rangc maximum or who are
rcceiying a reo circle pay differcntial and who recei\'e a rating of Satisfactory or bettcr on their
annual pCrf0l111anCC rc\'iew, shall bc prm'idcd a onc time lump sum mcrit bonus payment e(lual
to 31lio of thc cmployee's annual basc ratc of pay plus any red circle pay differential, to be
effectiye on thc date of thc re\'iew.
C. Pay Range minimums and maximums for all classifications rcpresented by the bargaining unit
will bc increascd by 2% cffecti\'c October 1, 2003. Employecs whose currcnt basc rate of pay
falls below thc minimum ratc of pay for their rcspcctive classification as describcd in the
Appcndix shall ha\'C their basc rate of pay adjusted to thc trunimum ratc of pay upon
adjustmcnt of thc pay range. Employccs who are recei\'ing a rcd circlc pay differcntial shall
hayc their basc ratc of pay adjustcd to the new pay rangc maximum and shall ha\'e the red circlc
pay diffcrcntial reduced such that thc sum of their basc ratc of pay and thc red circle pay is
cqual to their total compensation prior to the rangc adjustment. Effectivc October 1, 2003 to
Septembcr 30, 2004, employces whosc currcnt base ratc of pay is below their respecti\'e pay
rangc maximum and who do not recch'c a pay adjustment upon thc adjusting of their
respectiye pay rangc and who receive a rating of Satisfactory or bcttcr on their annual
pcrf01111ance rcvicw shall be prO\'idcd with a 4% merit pay increase to bc applied to the
cmployccs' biweckly base rate of pay, cffective as of thc datc of thc employecs' eligibility
therefore. Any portion of thc incrcase which, whcn annualized, excccds thc respccti\'e pay
range maximum shall bc paid as a one timc lump Slun bonus paymcnt, and such employces'
biwcekly base ratc of pay shall bc adjustcd to thc pay range maximum. Employecs who receive
a pay adjustment upon adjustment of their rcspectivc pay rangc and who rcceive a rating of
Satisfactory or bettcr on thcir annual pcrfomlancc rcyicw shall be provideo with a mcrit pay
increasc, to bc applied to the employccs' biwcekly ratc of pay, equal to thc diffcrcncc, if any,
betwcen the amount eClual to 4<1'0 of thc employee's base biweekly rate of pay prior to thc
adjustment and the amount of thc pay adjustmcnt, to be effecth'e on the date of the rcyicw.
Employces whose current base rate of pay is at their respectivc pay rangc maximum or who are
rcceiving a rcd circlc pay diffcrential and who reccivc a rating of Satisfactory or better on thcir
annual pCtfomlancc review, shall bc provided a onc time lump slim rncrit bonlls paymcnt c()l1:1l
to 3% of the cmployce's annual basc ratc of pay plus any rcd circlc pay differcntial, to be
cffcctlye on the date of the re\'iew.
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D. Pay Range Ininimum~ and maximum~ for all classifications represented by the bargaining unit
will bc incrcaseJ by 2110 cffecti\'e October I, 2UO-!-. Employees whose currcnt basc rate of pay
falls below thc minimum rate of pay for thcir respecti\'e classitication as describeo in the
;\ppendix shall have their ba~e ratc of pay adjusted to thc minimum rate of pay upon
adjusUllent of the pay range. Employees who are recei\"ing a rcd circle pay Jiffercntial shall
have their base rate of pay adjusted to the new pay rangc maximum anJ shall h:n"c thc red circlc
pay differential reduccd such that the sum of thcir base rate of pay anJ thc red circle pay is
cllual to their total compensation prior to thc range aJjustl1lent. Effecti\'C October 1, 200-!- to
September 3U, 2U05, cmployces whose current basc ratc of pay is below their respective pay
range maximum ano who do not rcceivc a pay adjusunent upon the adjusting of their
rcspectiye pay range and who rcccive a rating of Satisfactory or better on their annual
perfonnance rcyiew shall be prO\'ided with a -!-o;(J mcrit pay incrcase to be applicd to thc
employccs' biwcekly basc rate of pay, cffcctivc as of the date of the cmployccs' eligibility
thcrcforc. :\ny portion of the incrcasc which, when annualized, cxcceds the rcspectivc pay
rangc maximum shall be paid as a onc time lLU11p sum bonus payment, and such employccs'
biweekly basc rate of pay shall be aJjusted to the pay rangc maximum. Employccs who rccei\'C
a pay adjustment upon adjusunent of their respccti\'e pay range and who reccivc a rating of
Satisfactory or bcttcr on thcir annual perfon11ance rcvicw shall bc providcd with a mcrit pay
incrcasc, to be applicd to the cmployees' biweckly rate of pay, cllual to thc differcnce, if any,
betwccn the amount equal to 4% of the cmployec's base biwcekly rate of pay prior to thc
aJjusUllcnt and the amount of thc pay adjustmcnt, to be cffcctivc on thc oatc of the revicw.
Employccs whosc currcnt base rate of pay is at their rcspcctive pay rangc maximum or who arc
recei\"ing a red circle pay diffcrential and who rccci\'e a rating of Satisfactory or better on thcir
annual perfomlance rcview, shall be providcd a one timc lump sum merit bonus paymcnt cllual
to 30in of thc cmployee's annual basc ratc of pay plus any red circlc pay diffcrcntial, to be
effective on the date of the revicw.
Scction 2.
Ovcrtime
:\. ,\11 cmployces outlined in the Pay Plan as eligible for overtime shall receive I-I /2 times the
nonnal rate of pay for all hours worked in excess of 40 hours pcr week when ordered by
managcrial personnel to work O\'crtimc. Sick leavc, vacation, and othcr timc not worked cxcept
designatcd City holidays and floating holidays shall not count as hours workcJ for ovcrtime
purposcs.
B. Overtimc will not be assigned unfairly.
C. Any employce required to work at least threc hours ovcr his/her nonnal work day (consecutive
with no morc than a 15 minutc break at the enJ of the nomlal work day, not to include standby
or recall) will be providcd 510.00 fur mcal money.
D. ;\ny penllanent part-time employec who regularly works -!-O or more hours per week will bc
cntitled to the same ovcrtime bcnefits as a pcrmancnt full-time cmployee.
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Section 3.
Standby and Recall (~Iutually Exclusive)
_\. Standby shall be paid at the following rates during the term of tlus contract.
a) ~londay through Friday
b) \'\!eekcnds
c) l:xtcnded Time During Dcsignatcd Holidays
S10.00 pcr night
S50.00 pCI' wcckend
530.00 per night
Daily standby (Monday-Friday) shall begin at the cnd of cach rcgular workday ano shall cnd at
thc bcginning of the ncxt workday (1o-hour period). \\1eckcnd standby shall begin at what
would bc the nonnal starting time on Saturday and shall concludc at thc bcginning of the
rcgular workday on Monday (48-hour pcriod). ;\n cmplo~'cc assigncd to standby and who
continues in standby assignmcnt for an 8-hour cxtendcd pcriod for a dcsignatcd holiday shall
be paid 530.00 instead of 510.00 for thc standby period. In addition to the abm'e amounts, an
employee who is called out to work while on Standby duty shall bc crcditcd with onc hour
work time or thc actual hours workcd during the cntirc Standby period, whichcycr is grcatcr.
B. Rccall (Call-our, Callback, and Call-in): If an employcc is callcd back to work aftcr the
cmployce's normal work day and returns to work, or if an employce is callcd back to pcrform
nccded work aftcr thc employce's rcgular shift cnds and the employce has alrcady lcft thc job,
or if an cmployce is call cd in to pcrform nccded work on a weekend, holiday, or othcr
equivalent pcriod during which the employce would not othcrwise have worked, the cmployce
shall bc credited with two hours work timc or thc actual hours workcd, whichevcr is greatcr.
Timc shall bc computed from whcn thc cmployce rcports on-duty, and ccascs when hc/ she
rcports off-duty.
C. Timc bcyond an cmployee's regular work schedule when assigncd and schcdulcd in aJ\'ancc,
cither as a continuation of a prescnt shift assignmcnt or thc requiremcnt to work on an
cmploycc's rcgular non-workday(s) shall not be subject to any minimum guarantcc pay or
hours. Howevcr, all time workcd shall be creditcd toward hours worked for rcgular and
0vcrumc pay purposcs.
D. Employccs shall not be assigncd to standby duty if cxcuscd in ad\'ancc by managerial
personnel, and in all cases the DeparOllent will seck voluntcers prior to assigning standby duty.
Thc City shall have the right to spccify rcquircmcnts ncedcd for standby, incluoing skills,
dependability and ability to report timely, and cmployces not mccting said rcquiremcnts may
not \'oluntcer for such standby.
E. :\ny cmployce assigncd to standby and who, during thc period of such standby assignmcnt, is
not rcadily availablc as required or who is or bccomcs unable to pcrform his/hcr work duties
shall bc subject to discipline, cxccpt that an employec who becomes sick or injurcd and
immcdiately notifies his/hcr supct\'isor shaH not bc subjcct to disciplinc. Thc City may require
e\'idcnce in thc fom1 of an excuse from a mcdical doctor of such injury or illness.
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Section 4.
Shift Differential
Regular, full-time employecs (othcr than thosc utilizing Hex-timc) shall bc entitled to 500 shift
differcntial pay above the cmployecs' base rate of pay for all hours_when the majority of their rcgularly
~chedulcd hours for thc work wcck fall bctwcen 4:00 P~l and 12:00 _-\~1, regardlcss of tl1C starting or
ending time of the employcc's shift. Regular, full-time employces (other than thosc utilizing Hex-timc)
~hall bc entitled to 70~) ~hift differcntial pay abovc the employees' base rate of pay for all hours whcn
thc majority of their regularly scheduleo hours for the work wcck fall betwcen 12:00 ;\~1 and 8:00 .;\~1,
rcgardlcss of the starting or ending timc of the employce's sh.ift.
Section 5.
Acting Pay
:\n employce who is assigned to work in an "acting" capacity in a highcr lcvel classification for
morc than 10 consccutiyc work days shall rcceive acting pay retroactivc to the day the acting
assignmcnt began. Thc amount of pay shall be 5% higher than thc cmployee's current basc rate of
pay.
Driver Pay: Employees in the Solid \X!aste Department will continue to reccive "dri\'cr pay"
for each day succeeding the 20lh cwnulativc day the employee has substituted as a driver. Thc ratc is
S 1 a.O() pCI' day.
Section 6.
Training Differential
Employecs who arc required to prO\"ide fomlal training to other employees outside of what is
considered the nonnal scope of their job duties, and who are designated "Trainers" with an established
curriculum as detennined by tlle Deparonent Director, will receive 5% above their nomlal base pay for
any hours they arc assigned to act as traincrs in a fonnal training capacity.
Section 7.
Leadworker Assignment and Pay
.:\ Department Director, with the prior approval of tlle City I\Ianager or his/her dcsignee, may
assign leadworker duties to a regular cmployee for such pcriod of timc as will, in his/her opinion, serve
d1e best intcrcst of the Cir:-'. Such assignment shall bc made only when a small group of workers arc,
in the nonnal course of their duties, rcgularly requircd to work at a timc and/or placc without tl1e
degrcc of supervision which, in the judgment of the Department Director, is conducive to efficient
pcrfonnancc.
An cmployec assigned leadworkcr duties will be rcquired to pcrfonn all the dutics of his/hcr
regular position and additionally exercise primary layout and/or supen;sory functions in relation to
other workers who are ordinarily classified the same as the leadworkcr, accepting commcnsurate
responsibility for group perfOnllance. For the pcriod of such assignment the lcadworker shall be paid
an additional biwcekly amount reprcsenting 5% above his/her current base rate of pay.
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Section 8
Assignment Pay Differential
;\ Departmcnt Director may, at his/her discretion anJ with the apprO\.al of the City
~lanager/designee and consent of thc Union, Jesignate a specitic position or positions within a job
classitlcation which shall be eligiblc to receive a 50u Pay Differential when the Juties of the position
diffcr from others in the same classification in their difficulr:-., complcxity, responsibility, or
hazardous nature to the extent that additional compensation is deemcd warranted. .\ssignmcnts to
positions may be on a rotational basis, or may be offcrcd to cmployees in the respective
classification bascd upon Cir:-' scniority, howe\'cr the Departmcnt Director shall have the right to
remove any cmployce from slIch assignment in conjunction with an action plan if performance is
deemed unsatisfactory.
Section 9
Uniforms and Rain Gear
.-\. Thc Cir:-' agrces to prm'idc cach full-time emplo~'ec who is recluired to wcar a unifonn with tive
unifomls. Pem1anent part-time employees who arc relluircd to wcar a unifonn shall bc issucJ a
pro-ratcd numbcr as detennincJ ncccssary by the lUring dcpartmcnt based on schcoulcu
hours/ Jays of work per week. Thc Cit)' agrees to providc, at thc employee's election, either
1001~o cotton or cotton blend unifonlls of at least 50% cotton to employces who are required
to wear unifonns. The employcc agrees to launder the unifomls, The employee \\ill be issucd
a replaccmcnt for each unifonn which becomcs torn or tattered as the rcsult of nonnal wear
and tear, but not for a unifom1 which has been damaged due to thc employec's abusc or
ncgligcnce. The cmployec must rcturn the unifom1 as a condition for receiving a replacement.
B. The City will prO\'iJe an allowancc of up to 5125.00 bascd upon demonstratcd nced for thc
purchasc of safety shoes for each employec who is rcquired to \vear sllch. The City shall have
the authority to designatc additional job classifications as eligtblc for the allowance. Employees
who recluest safety shocs and arc Jcnied such by their deparuuenr may havc the dccision
re\-iewed by thc City i\Ianager or his/hcr designec by submitting a writtcn request within 10
work days of the depar011cnt's dccision. The decision of the City ~I;lt1ager or dcsignee shall bc
final and binding and not subject to arbitration. The Cir:-' shall detennine the manner of
procurcment to be afforded all affccted cmployees, and shall have the right of approval in
dctennining types of shoes wruch are acccptablc. Employees shall provide worn or
unscn'iceable safcty shocs to their respective dcpartment for inspcction in order to obtain
authorization for replacement. Employecs may be permittcd to kccp such worn shoes after
inspection at the discretion of thcir respective dcpartments.
C. The City will prodde employees with adcquatc rain gear, Rain gcar which is worn, torn, and/or
tattcrcd through normal wear and tcar shall be rcplaccd, providcd that the cmployce turned in
the old rain gcar. Employecs may use umbrcllas instead of rain gear as appropriatc to the job
classification.
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Section 10
Replacement/Repair of Tools/ ASE Certifications
;\. Thc City will rcplace or rcpair, as appropriate, thc tools of employees who arc rccluired by thc City
to furnish thcir own tools, when those tools arc brokcn on thc job or whcn tools are stolen from
the job sitc and when therc is a police rcport confinning the theft given to management.
B. City fleet sen;ce mechanics who obtain and maintain job-related .-\SE certitications in accorJance
\\;th standards established by thc City shall rcccivc 5.50 per hour in addition to the employecs' base
ratc of pay for cach such ccrtification obtained and maintained up to a maximum of se\'en such
ccrtitications. City flect sen'icc mcchanics who obtain and maintain the rcquircJ ASE ccrtitications
constituting the designation of :\SE ~Iaster in a Cir:-- authorized modulc of study shall rccci\'C 55.00
per hour in addition to the employees' basc rate of pay in lieu of thc inuividual certitlcation pays
describcd abm-e. The City agrecs to pay thc cost of thc training and examination process for each
certification the first time employees attcnd such only. Thc Cir:-- resen'es the right to detennine the
appropriate certifications that will be entitled to thc additional compensat.ion.
Section 11
Career Development \Vorkshops
Employees will be paid their rcgular salary for the lime the cmployec attends career
de\-elopmcnt workshops.
Section 12
Mileage
All cmployecs who driyc thcir own vchiclc for City business will bc paid upon rcqucst
reimbursement in accordance with City policy for any milcage travelcd at thc ratc sct by the Intcrnal
Re\'enue Sen'ice.
Section 13. Commercial Driver's License
;\. Employees in driying positions which rcquire a CDL and who fail to comply with requiremcnts
of tlle State of Florida CDL program cannot continuc to function in thcir driving positions. .:\t
such time as thc employee can no longer driye vchicles rcquired in his/her job classification
bccause of his/her failure to comply witll CDL rcquircmcnts of thc state, the City shall
prcclude the employce from driving thc dcsignatcd City \-e}ucles. Thc cmployec shall hayc
thirty (30) days in wluch to comply \\;th tl1e statc CDL rcquiremcnts or to obtain a transfer,
demotion or promotion to a position not rcquiring CDL liccnsure. Such job change must bc
accomplished \dtllin thc nonnal processes for transfer, demotion or promotion. Failurc to
obtain the appropriate liccnse or, altcrnately, to obtain a transfer, demotion or promotion to a
position not requiring the CDL shall rcsult in the layoff of thc employce.
B. The City will reimbursc employecs for the cost of any CDL and endorscments requ.ircd by the
City, provided the employee has submitted evidence of possession of the CDL in good
standing and has not had any in-sen'ice vehicle accidcnt or moving traffic yiolations sincc
his/her last liccnsc was issucd.
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Section 14. Parking
The City will make an effort to prO\-ide parking for all employees.
ARTICLE 10
INSURANCE
Section 1. The Cir:-' agrces to mcct \\ith the C\\,-.:\ rcpresentatives as neccssary to re\'iew thc
health and life insurancc programs for the purposc of reducing the COSt of such programs for the Cit)'
anJ the employccs. The City furthcr agrees to providc the C\'\'.\ \\ith such information as it has
available which would be rel]uired to fonnulate such a bcnetit package and to cooperate \\ith the C\'\'i\
to obtain pertinent infonnation from thc present carrier.
Section 2. Thc Cir:-' agrecs that for the calcndar ycar occurring within the fust ycar of thc
agreement, thc Cir:-' shall contribute toward thc medical insurance prcmiums for employees and their
dependents in the amount appro\'Cd for the plans approved by the Cir:-' Commission. '111e City agrees
to maintain the current Benefits Committee rccommendation process culminating in final anion by the
Cir:-- Commission to determine medical insuratlce premiums for employees and their dependents for
the duration of this ;\greement. The City further agrees that during the life of the agreement. the City
will make m'ailablc to cmployces the option of at lcast onc hcalth insurance plan for which the City
shall pay 100% of the premium for thc cmployec only base benefit plan cost, it being undcrstood that
such basc plan may prodde a differcnt Ic\'eI of benefit than that which is currently provided.
.-\doitional cO\'eragc for the family or spousc, as well as any cnhanccmcnts or "buy ups" to the base
plan will continue to bc paid for by the employec.
Sectioll 3. Thc City agrces to continue to pay thc premiums for group lifc insurancc valued
at a minimum of 52,500 per cmployee.
Section 4. Unemployment Insurance: The City shall partlClpate 111 and provide
employees with unemploymcnt insurancc as prO\;dcd by law.
Section 5. \Vorkers' Compensation Insurance: The City shall participate in and providc
cmployces \\ith \\'orkers' Compensation I tlsurance as prO\;ded by law.
Section 6. Social Security Insurance: The City shall providc all necessary cmploycr
contributions for social security insurancc as providcd by law for those cmployces ineligible to
participatc in the City retircment program.
Section 7. Liability Insurance: The City shall prO\;de legal counsel to assist in the
defcnse of any claim against any member of the bargaining unit, wherc the claim rcsults from thc
cmployee's employment with the City and where the employce is acting within thc scope of his/her
cmployment, except that the City will not be obligatcd to defend or pay.a claim based on an intentional
tort. The City will indemnify, payor insure any claim other than an intcntional tort.
-41-
ARTICLE 11
PERFORI\lANCE AND DISCIPLINE
Section 1.
No cmployee shall bc disciplincd cxcept for just cause.
Section 2. The City anJ thc Union will continuall\' re\'iew the Performance & Behavior
o 0
~!al1agcmcnt Program (PB~IP) at mutually cOI1\"Cniem time periods in a cooperative manner.
Section 3. \,\'hene\'er the Cir:-' or the Union proposcs to amcnd any policy affccting the
discharge and discipline of unit employees, the City or the Union shall prmoiJe notice and a copy of the
proposed amendments to the other parr:-' at least 21 days in aJ\O;lI1CC of a meeting. The Union anJ the
City shall meet to reach consensus on any proposcd changes.
Section 4. :\ction plans Jesigned to aJdress cmployees' perfomlance or bcha\'ior which
docs not mect established standarJs or expectations may be Jcycloped for a pcriod from a minimum
of 3 months to a maximum of G months, anJ lllay be cxtendeJ for up to an aJditional G lllonths if
decmeJ appropriate. Employees shall be prO\'ided written acknowlcdgment of successfully complctcd
action plans.
ARTICLE 12
DRUG AND ALCOHOL POLICY
The City's policy is intendeJ to confonn to the Drug Free \'\'ork Place i\Ct and to be in
compliance with any Federal Law requirements rcgarding the unlawful manufacturing, distribution,
Jispensation, use or possession of any controlled substance or illegal drug.
Section 1. Voluntary use of controlled substances which cause intoxication or impainnent
on the job and poses risks to the employer, the affected employee and their cO\vorkers, is prohibited.
Section 2. .All bargaining unit employees will be fully infomled of the employer's for cause
drug testing policy before testing is administered. Bargaining unit employees will be provided with
information concerning the impact of the use of drugs on job perfonnance. Unit supen'isors will be
trained to recognize the symptoms of drug abuse, impamnentand intoxication. The City will pelluit
two employees selected by the Union to attend such training class on City time.
Section 3.
Annual Physical
Employees in job classifications which require an annual or biannual physical may be recJuired
to submit to a drug screening as part of the annual physical examination.
-42-
Section 4.
City's Drug and Alcohol Program Policy
The Cir:-"s Drug and ;\!cohol Program Policy delineatcs drug and alcohol test proccdures.
Re\'isions go\'crning tcsting standards and job classification specitications shall be madc as
rc\'isions to laws or regulations of state or fcderal go\'crnmcnt or agencics dccm permissiblc.
L1nion rcprcscntativcs will be furnished with copics of thc policies upon such rc\'ision. \\!hl:I1l:\"l'l'
the Cir:-' or thc Union proposes to amcnd or changc any policy affccting Jrug and alcohol tl:sting,
the City or the Union shall prO\'ide notice and a copy of the proposcd amendmcnts or changcs to
the other parry at lcast 30 calcnJar days in advance of the proposed cffccti\'c datc of the changc.
The Union and the City shall ha\'c thc righl to bargain such proposcd amcndmcnts or changcs in
accorJance with thc law and the tcmlS of this agrcemcnt.
ARTICLE 13
RETIREI\lENT
Scction 1. The City agrces to scnd announcements of regularly scheduled meetings of the
Board of Trustccs of the Employccs' Retiremcnt System to the Prcsident of thc Union.
Scction 2. ;\ spokesman for the Union shall h:we thc right to present the Union's \'icws
regarding the employees' retircmcnt system cithcr orally or in writing to the Advisory Committee of
thc Board of Trustees.
Section 3. Notification of any change of benefits in the Employccs' Gencral Pension Plan
shall bc gi\"Cn to thc cmployces GO days prior to any action takcn.
Section 4. The parties agree to bargain proposed changes in thc City's Pcnsion Plan that
dcal with mandatory subjects of collecti\"e bargaining and any impact these changcs may ha\'c on
bargaining unit mcmbers.
Scction 5.
Vacation and Bonus to be Crcditcd Toward Retiremcnt
A Vacation Accumulation
The amount of accumulation shall not excced six weeks for the purpose of carly_retircmcnt.
B. Special Bonus Days Aftcr 20 Ycars
Upon the complction of a total of 20 years (consccuti\'e) service \\;th thc City, an employee
who was cmploycd by thc City prior to October 1 1990, shall bc cntitlcd to begin accumulating
credit toward the awarding of bonus days for the purposc of early retirement or a cash
settlcment only at thc time of retiremcnt which shall not cxcccd a total of 15 working oays. No
bonus days shall bc providcd to any cmployec hircd by thc City on or aftcr October 1, 1990.
-43-
N umber of days which may be
accumulated
15 days total
The schedule for the accu11lulation of bonus days shall be as follows:
Upon completion of 21 years set\'ice
Upon completion of 22 years sct\'ice
Upon completion of 23 years set\'ice
Upon completion of 24 ycars sct\'ice
Upon completion of 25 ycars set\"ice
.'\ccu11luIate 1 da\'
.ACClUllulate 2 additional days
.\ccu11lulate 3 additional days
.:\ccumulate 4 adJitional days
;\ccumulate 5 additional Jays
Section 6. Any sick leave chargcd to an employce's sick leave balance after May 10, 1998 as
the result of a line-of-duty injury shall be added back to the employcc's sick leave balancc up to the sick
leave cap of 1560 hours at the time of retirement. Employees who expericnccd a line-of-dut)' injury
bctwcen October 1, 1979 and ~lay 10, 1998 must submit a claim in writing to Human Resourccs
within 90 calendar days of the cffecti\'e date of this Agrcement or forfeit the credit. This relates only
to injurics and rc-injuries wherein wages are compensablc undcr \'V'orkers' Compensation.
Section 7. During the advancing of the retircment date through the usc of sick lea\"c, bonus
Jays, and yacation leave, employees shall not accruc any bcnefits cxcept retirement credit, including but
not limited to vacation leave, sick lea\'e, insurance premiums, holidays, workers' compensation, salary
increases, assignment pay, shift pay, allowances, reimburscments or special payments, or bonuses of
any kind.
ARTICLE 14
SENIORITY, LAYOFF, AND RECALL
Section 1.
Seniority
.:\. Seniority is defined as the lcngth of continuous set\Ticc in City employmcnt. Seniority will
continue to accrue during all types of leavcs of abscnce with pay and other leaves wherc
specifically provided,
B. After successful completion of the initial probationary pcriod which is six months, seniority will
revert to date of employment. Seniority shall bc used as a factor in consideration for
promotion. \Vhen skills and qualifications are substantially equal, seniority shall prcvail.
C. Employees shall lose their seniority only as a rcsult of the following:
1. Voluntary tcrmination.
2. Retircment.
3. Tem1.ination for Causc.
4. Failure to return from military leave within the time limit prescribed by law.
-44-
D. \,\'hene\'(:r therc is a ljUcstion :1S to which bargaining unit employee shall be allowed vacation,
Ja~-s off, diffcrential paymcnts or hours of work, scniorir:-' shall pre\'ail, prm'ided skills and
cjualitications arc substantially equal.
Section 2.
Layoffs
;\. .\n employec may bc laid off by the City ~lanagLT in the manner herrin provided when then: is
lack of work or funds, abolition of position, or material changes in duties or organization which
recjuirc a reduction in personnel. No rcgular rmployee, hO\\'C\'er, sh:1l1 bl: laiJ off while thcn:
arc Emergency, Temporary, ~easonaL probatiun.1rY, or other non-regular status employces
serving in the samc class.
B. \'\'hen thc nced :Irises for laying off regular employees in any uepartmellt for any of the rcasons
enumerated in ~cction I hereof, the orJcr of layoff shall be determincd by taking into account
both sen-iCl~ ratings and seniority. It is specitically understood that layoffs ,\ill be by
c1:Issification on a city-wide basis. \,\!hen other ,)ualific:ltions are substantially cc)ual, Cir:-'
seniority will govcrn. \Vhl:n City scniority is the samc, rime in classification will go\'(,:rn.
Notwithstanding the above, !nrt-time employees shall be laiJ off prior to full-time employees
in the same job classification. \Vhen determining the order of layoff for part-time employees,
City seniority shall be defined by thc number of completed continuous sen'ice hours.
C. :\n employee who is dcsignated to be laid off shall haye the opportunity to revert to the
position he/she hclJ prior to his/her current classification. If this moyement recllUres furthcr
rcJuction in the work force, the same proceuure shall bc utilizcd for subsequcnt positions in
accordancc with this section, and the process continued through the ranks thereafter.
The prO\-isions of this anu the following section are based on the premises that the services of
the affected employec hm'e becn satisfactory and that he/ she is physically anJ mentally capable
of efficiently discharging the duties of another position in the samc or lower class.
D. Namcs of regular employces who are laid off shall be placed on the re-employmcnt list for the
appropriate class for re-employment within one ycar thereafter when vacancics in the class
occur. An employee who is eligible to have his/her name placed on a rc-employment list may,
on written recluest anJ with the approval of the J-Iuman Resources Director and the City
t\lanager or dcsignee, haye his/her name also placed on re-employment lists for the same or
lower classification requiring esscntially the same or lesscr qualifications within a class series or
for other classcs in which the employee prcviously had regular status. Namcs shall bc placed
on the re-employment list in the order of City seniority.
-45-
. ITEM # 30
.
.
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APPOINTMENT WORKSHEET
FOR COMMISSION MEETING Ful)llIllrY),...(...903
Agenda #
BOARD: Community DovoloPlllollt Boord
TERM: 4 years
APPOINTED BY: City COllIIlllIHlIllII
FINANCIAL DISCLOSUHE Not f,"qllllllll
RESIDENCY REQUIREMLN I City III CIIIlIfWIllor
MEMBERS: 7 & 1 alternate
CHAIRPERSON: Carlen Peterson
MEETING DATES: 3rd Tues., 2:00 p.m.
PLACE: Commission Chambers
APPTS.NEEDED:2
SPECIAL QUALlFICATIONH IHH,,1l tltlllllllH:hlllulI1orntHJrs qualified and experienced in the fields of architecture,
planning, landscopo [lIChlloch,,", 011\1111111'"11\1. clll1hlruction, planning & land use law and real estate
THE FOllOWING ADVISOI{Y IIOA'{I) MI MIII'~(:I) ttAVL I EI~MS \\lHICH EXPIRE AND NOW REQUIRE EITHER
REAPPOINTMENT FOR ^ NI W 111~t.I {1I~ IHI'LN;LMLNT UY A NEW APPOINTEE.
(ljltUllll lfl\lllHlI Attendance Interest in
Name APPlJltllrl1(1nl Record reappointment
1. David Gildersleevo
3350 San Pedro SI.. 33l!)\!
1111 III
3 Absences
Yes
2. Edward Mazur, Jr.
3089 Braeloch Dr. E, :1:I'/Ilt
111\111
3 Absences
Yes
THE FOllOWING NAMES ARE UEINO SlJIIMI11 L() I OH CONSIDERATION TO Fill THE ABOVE VACANCIES:
Name-Address
1. Richard Avichouser
1621 Gulf Blvd.. 33767
'~llllllc 1/ II lIVe' "lor
2. Lawrence D. Floyd
2463 Stag Run Blvd., 33765
CUllllllOlCljl1 (Jllnko!
3. Nicholas C. Fritsch
1310 Gulf Blvd. #8-0, 33767
Rolllutl (EcollomiG!l)
4. Rita Garvey
1550 Ridgewood St., 33755
5. Douglas Hilkert
2227 Habersham Drive, 33764
FOlmlll Mnyor
pnBI mombor Planning & Zoning Board
Attornoy
6. William Kirbas
34 Bohenia Cir., N., 33767
pnst mombor Parks & Recreallon Board
Finnnclal Advisor
7. William McCann
1563 Turner St., 33755
past momber Design Review Board
Enginoer
8. Kathy Milam
1828 Venetian Point Dr., 33755
Pres. Southern Hospitality Disllncllve Group Services
currontlyaltornato
Zipcodes of current members:
2 at 33755
1 at 33759
2 at 33761
3 at 33767
Rcviscd 01/27/03
. .
'~~i ',\ : .. .:.... ," bt l' ".
~ ...~.. I . ~-
<. Wade-Trim
8~. .' ":7 "~-:;l~.~ .....~..::;.~ ..-..;. .),01..1 f~-'..._'- .:".;;~'on ("..:",: (ce"ence
December 22, 1998
Mayor Rita Garvey ..J. ~
City of Clearwater
City Hall
Post Office Box 4748
Clearwater, Florida 33758-4748
COPIES TO:
(;ClMM1ss'n\
DEe 2 ::: 199R
fJhc.v::'
CLERK / ATTORN:: \
Re: New Community Development Board
Dear Mayor Garvey:
The purpose of this letter is express my strong interest in servijn9.n the new Community
Development Board. I have thoroughly enjoyed my tenure on th ~llanning and Zoning Board in
the early 1980's and during this past year. Having lived ~~a '?c' r since the mid 1950's, it is
evid~nt that there is no pe~iod in the ~ity's histO.ry wh~reS'al~~~~~ti~9 decisions will be made
than In the next few years Implementing the "?.J1~J~'~e I ....~Islon.
Given the requirements for appointm~nUR the ~l?.rn.m~nity Development Board, my educational
qualifications and professional experience create a unique "fit". I hold a Bachelors Degree and
Masters Degree in Urban and Re~iC?nal Plaf'\!Jing, 'W.9.have worked in the urban planning field
most of my professional c~re~r if\,the Tampa~ay 9- Our new land development code will
provide unique opportunities for tlie City to create win-win relationships with the development
community toward implementing the City's vision. I personally believe it is incumbent upon
appointed Board members to view new development and redevelopment from this perspective.
I have enclosed an updated resume for your consideration. As a professional planner familiar
with our new code, I would be remiss in not complimenting the City's professional staff working
in concert with Charlie Seiman's firm in creating what will certainly be one of Florida's best land
development codes.
I wish you a happy and prosperous New Year and look forward to continuing my service to the
community as a member of the new Community Development Board. Please feel free to contact
me at the office telephone number below, or my residence at 796-2939, if you have any
questions.
( CQ; ~J
-- .' --._---~---
C\ ~r C\'l B <J.-j ,slrl wt'~,
Mike Ruberto. City Manager '~\~ '\- "/<;. h 1 .) I-yo; (0)0,:1, ({"l' L i \i'J
DBG:dbg:ras
F .\oGILDERSLEEVE\GARVEY. DOC
AAA 1 00098
Enclosure
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Engmeenrg . !...ii:1dscape:"ch,:ec:vO? . ~iilr:",nc; . Sc,enct?5 . Sur. eYlr'l1
FL LC '1e{j No C:.:-:,121
J919 f,'er7"(;r~al ""';~Wi1Y . S..-tE- 2~( . T3~C~ ~:.. ~~63J. . 8'-jf.22 g3Ef.' ~E~ ~!~l9tJ~?\ . f..\\ ~.~.J ~H.\ :)~K10' ,',.N.Nv,'a(j~j~~.... cern
DAVID 8. GILDERSLEEVE
SENIOR VICE PRESIDENT & GENERAL MANAGER
EDUCATION
BS, Urban and Regional Planning, California State Polytechnic University, 1973
MS, Urban and Regional Planning, California State Polytechnic University. 1974
EXPERIENCE
As Senior Vice President and General Manager of Wade-Trim, Inc., Mr. Gildersleeve is responsible for all
phases of company operations. This includes direct supervision of administrative and financial staffs as
well as project management of major public and private planning, development and transportation projects.
Areas of specific experience include comprehensive planning, zoning and land use studies, Developments
of Regional Impact (ORIs), Planning, Social, and Environmental Impact Studies, Project Development and
Environmental (PD&E) studies, land development regulations, and development/redevelopment studies and
plans, public participation charrette facilitation, and expert testimony. Mr. Gildersleeve also directs the firm's
business development activities.
Recent project experience includes:
Governor's Task Force on Urban Growth Patterns. Project Manager for special case studies of the
Countryside and Tampa Palms communities. Project included a detailed analysis of the growth
patterns associated with each area and the associated govemmental subsidies required to support
the specific development pattern, Under a contract from the Department of Community Affairs, this
project provided valuable data in support of ElMS '" Legislation passed by the Florida Legislature.
U.S. Alternate 19 PO&ElEIS, Pine lias and Pasco Counties. Project Manager for 20 mile FOOT
District Seven PO&EJEIS study. The purpose of the study was to determine the most feasible
alternative for future roadway improvements to accommodate year 2015 traffic. Study involved land
use, traffic, social, environmental, cultural analysis, and extensive workshops involving two counties,
four cities, and general public.
Comprehensive Plan, City of Palmetto, Florida. Project Manager and primary author of the City's
Comprehensive Plan. The project involved extensive data collection and analysis, policy
formulation, financial (CIP) planning, and extensive public charrettes/workshops to obtain
community consensus.
U.S. 41 PD&E Study, Collier County, Florida. Project planner responsible for coordinating and
implementing public involvement program for Six Mile Study between downtown Naples and S.R.
591. Tasks included development of public involvement plan and the conducting of public
workshops and hearings.
Comprehensive Plan, City of Selleair Beach, Florida. Project Manager and primary author of the
City's Comprehensive Plan. This eHort involved data collection and analysis, policy formulation,
extensive public charrettes/workshops/hearings to gain plan consensus. :
Buckingham Community Park. Lee County, Florida. Served as project planner in the master
planning of a 130 acre community park east of Ft. Myers. Primary involvement included the
conducting of charrettes with area residents was a key component in identifying park needs and
design criteria. The first phase of the project was constructed in 1994. Phase II was completed in
1996.
Design Guidelines, City of Pinellas Park. Past Chairman of the City's Design Review Board of the
Community Redevelopment Agency. Conducted numerous workshop sessions in developing
guidelines and building community consensus.
COr"lcurrency Management System. City of Tampa, Florida. Project Director for developing the
City's Concurrency Management System required under Florida's Growth Management Legislation.
The project involved extensive charrettelworkshop facilitation to build consensus between City staff,
elected officials, and development community. The project was successfully completed and
implemented in 1990.
Concurrency Management System, City of Sarasota. Project Director for preparation of the City's
Concurrency Management System (CMS). The project involved extensive meetings with City staff
to develop procedures in implementing the CMS. Public charretteslworkshops were conducted
involving governmental officials. appointed and elected City officials, developers, and the business
community. Upon developing consensus, the system was implemented in 1990.
Coastal Management Elements, City of Tampa and Hillsborough County Comprehensive Plans.
Project Director for preparation of the Coastal Management Elements for each municipality. Under
contracts with the Hillsborough County-City County Planning Commission extensive data collection
and analysis, po!icy formulation implementation strategies and finance options were developed.
The project involved extensive technical and citizen input with municipal staffs, private developers,
elected officials, and the general public.
Regional Policy Guide, Tampa Bay Regional Planning Council. Served as Council's Chief,
Comprehensive Planning Division and drafted the first Regional Policy Plan for the Tampa Bay
Region. The project was funded through a DHUD 701 planning grant and provided policy direction
for land use, transportation, environmental resources, economic development, and infrastructure.
Extensive workshops were conducted to achieve a regional consensus toward implementation.
Project Manager for preparation and processing of numerous Developments of Regional Impact
(DRI's) including representing developers at public workshops and hearings. Representative
projects include:
· University Park, (1,058 Acres) Manatee County
· River Club, (1,000 Acres) Manatee County
· Sheraton Sand Key Resort Expansion, (21 Acres) Clearwater
· Manatee Park of Commerce, (245 Acres) Manatee County
· Tri-County Business Park, (436 Acres) Hillsborough County
· Thomas Ranch (AKA Westchase). (1,451 Acres) Hillsborough County
· Wesley Chapel Lakes, (2,150 Acres) Pasco County
Tampa Bay Downs, Hillsborough County. Project Manager for preparation of technical study
assessing the environmental. transportation, and land use issues surrounding future expansion of
the racetrack.
Comprehensive Plan, Town of Belleair Shore. Project Manager for preparation of the Town's
Comprehensive Plan. Primary tasks included data and analysis, policy formulation, public
involvement through workshops and hearings, development of concurrency management system
and land development regulations.
Coastal Management Elements. City of Tampa and Hillsborough County, Florida. Served as Project
Planner for preparation of coastal management elements for both municipalities. Work included
data collection and analysis, policy formulation, review of multiple modes of transportation within the
designated coastal zone (Le., roadway, transit, rail, shipping, etc.). Conducted public workshops
to obtain citizen input in plan formulation,
Evaluation and Appraisal Report (EAR), City of Palmetto, Florida. Currently working on EAR
including evaluation of City's compliance with adopted goals, objectives, and policies for
transportation and land use.
Evaluation and Appraisal Report (EAR). City of Port Richey, Florida. Currently evaluating the City
Comprehensive Plan policies to determine compliance and to make policy revisions, where
appropriate,
Evaluation and Appraisal Report (EAR). City of Invemess, Florida. Serving as Principal-in-Charge
for updating the City's Comprehensive Plan including goals. objectives, and policies.
City of Gulfport, Florida. Project Manager for providing consulting services in preparation of Coastal
Management and Conservation Elements of Comprehensive Plan.
Tampa Bay Downs, Inc. Project Manager, Technical Memorandum: Assessment of Environmental.
Transportation and Land Use Potential.
Prior to joining Wade-Trim in 1987, Mr. Gildersleeve was owner and principal of Land Design Group,
a company providing planning consulting services to the private sector in the areas of rezonings and
land use plan amendments, land use studies, special studies, variances, special exceptions, and
site feasibility analysis.
PROFESSIONAL SOCIETIES AND HONORS
American Planning Association
Florida Planning and Zoning Association
Past Chairman, Design Review Board, Pinellas Park Redevelopment Agency
Executive Fellow, University of South Florida
Tampa Chamber of Commerce
Contractors and Builders Association - Pine lias County
Builders Association of Greater Tampa (BAGT)
National Association of OHice and Industrial Parks (NAIOP)
Former Member, Clearwater Planning and Zoning Commission
Society For Marketing Professional Services (SMPS)
F'RE51JI,4ESlOBG.lGV
'.
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02-15-193301:53F1'l FROf1 Florida Design Consultnts TO
5524085 P.02
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CITY OF CLEARWATER. APPLICATION FOR ADVISORY BOARDS
(must be ClearNater resident)
Name:
Edward }la2Ur, Jr.
Home Address:
136 Marina del Rey Court
Office Address:
2639 t-k:'CoxndC'k On ve
Clearwater, FL
Zip
33767
Clearwater, FL
Zlo 33759
Telephone: (727) 595-1769
How long a resident of Clearwater?
Occupation: Consultant
Field of Education:
Ci vil ~gineering - BSCE 1969
Uni versi T::j of Texas
Telephone: (727) 724-8422
26 Years
Employer. Florida Cesi~ Cco.s.ultants, Inc.
Other Work Experien~:
consultant... 1':171 to l?:reserit:
u.s. Army - 196~ - 1971 Co:q>s of Engineers
If retired, former occupation: N/A
Community Activities: Sert.ana +/-6 Years., ~adership Pinellas, I.eadership TMPa Bay
Paint Your lleart out Cleal:Water, etc. .
Other Interests:
Flying {Private Pilot's Licensel, Fishing
Board Service (current and past):
Planning & Zoning Board 1992-Fresent
Planning &. Zaring Board +/-1982-1987
Marina Advisory Board
Additional Comments: t-1enber of EnviI'CllITEI1tal Advisory Ccmni.ttee for +/-2 Years
Board p'reference:
Camuni ty Devalopnent Board
Signed:
-...... '. .--- -".---. .
Date: 2/15/99
See attached list for boards t require Financial Disclosure at time of appointment.
Please return this applicatio & 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
co'- Q (J\- c \) ,\) ~ '{(en ~vttr
<;-~"~- 3/~/n ~}l~ r/ J"; j (0) I~ l\\/(1
TOTAL P. 02
80:'1: ~... iJr I, t: _~':: 1 r ASStJ Of= R:AL rORS j 12/ S38 82~4 j
3-2.8-0': 9:37AM;Cli~' CL:'1l'. DEPT.
U5 Apr 01 9:1SPMjJob 19SjPage 4/5
,t~.:t:',,,,VOc:. rr II -
CIIY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS
(mu3t be Clearwater resident)
Name:
~ l c...L... ~ (U)
6 A V I c... \"t::l\.1 ~ ~ fL
Office Address:
Home Address:
I ~ ::a.. I
~ u l..__ E':-
eL.
I Sts' 7 Mi I.\) '&..-
Du,\) eow Zie '3\f.bcrJ"
Telephone: ~ o"i I S- ~j
c.l..u:n n.. Zip 3:3 7C.:I
Telephone!: S'1 S... b 0 "4 1
How long a resident of Clearw;tter? __ ~~ 'I fLS
Occupation: ""]. b 1\ L. 1"0 e. / l,v ve :. -rC'l..
I -
Field of Education:
~ .., . u ~ F. 13 lJ .5 '-v e.s..s
Employer. S ELF-
Other Work Experience:
~ 0 '112 j 12- 6' .,. L __~..s T , 1\J..s v II /]'oo1.lc.. f:"
BU/'-DW c:-
If retired. former occupation: -
Community Activities: ~ e~ Vt:O Il:l -r- ~ L
Do^" en l.v ,q..pVI~O rlll ~CJ ~C>~
/
Other Interests: '1<..(!)'T~o.:r
Board Serv1ee (current and past):
M,,~ I.I~ A-D "lS. 0 ~ 'f B 0
F1~ Co "" L. f2.,.ev c e vJ <.u ^" M' 'ly e.e
L-oc.. q (.. PL~ ..vIA) ~ I}. ,-:s,vc..V
/
AddmonalCorrunenb:
~ 7-"2... 'Y Il-S ON LI~ ~ IOV-S
,~ 0 tV FISC ..... ~eVI~, 'i ,"oc.OJ(. ,Iuw ,v/~
A'-.."" Co '>of J ~ A 5 Co """ AQ. M"AI
Board Preference:
c..o AA. AA '" A.I
(E. Iqo B)
(Me.. e- S )
-\
l'l''-/
.
~€' 1/6Ld f't41S1.lT'~.D
5i9~f~~
Date:
4- ,-OJ
see attached list for boards that require Financial Disclosure at time gf appointment.
Plelll5e return this application & board questionniIJire for ~8ch board I~ted to:
City Clerk's Department, P. 0, Box 4748, Clearwater, FL 33758-4748 or drop off at City HaU, 2nd
Floor, 112 S, Osceola Avenue
(~V(c;-(\) q. (g. (, I -
( c.; ~ 6'" : c - r3.S - c: \ -
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Se1t By: GPTR CLRWTF ASSN OF REALTORS; 727 533 8244;
3-28-01; S:37AM;CITY CLERK DEPT.
05 Apr 01 9:15PM;Job 195;page 5/5
i 'l' ~O~ ..vue TI" LI
BOARD OUESTIONNAJRE
t2.ec Q M~~'" o","l '(.I '" .s.
("-DB )
q. I"" )1
1. What ie your unders.tandlng of the board'8 dutiA.9 and rCBponsibilltfes?
~1E'l.'.)
1 ^"'~ IL€
-
10
c...cJ"""~ OIV R-'Pt..lC"1'l'Ir... o\J ~ ~t1n.. L+ I\JD V~~ c L..~""'JS
f cje '2..0"" IAJ.) C ~ a e~
2. Have you ever observed 2l board meeting either in person or on C-Viaw, thtt
CIW'5 TV station?
ye~
3. What b2lckground and/or qualifioations do you hlllvt that you feAI would qualify
you to st;(ve on this Boerd?
:> ell v Sf')
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C) f\J DVAlSi)~
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fi, .p J4 )
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I ry4J
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l'!~ (;N C. Y
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4. Why do you want 10 serve on thill Board?
M f PI ec../)
" F , 1V"rt!!! /lIP S..,. oS
A.fZ.e f"*/lALL6. L
0;:: 6,1I'''''~
0':' (CoDe.. ) .
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Name~1 C-~ ~ eo IJVIC- Lo~oard Name:
I\X;h1
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CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS
(must be Clearwater resident)
Name: !P!tIl/J-!f/l!CJ! lJ _ /j 0 yJ
Home Address:
r1-Lf6J S14t ;eu/r 6Lv ()
WV4'1d?
TelePhoneG0~')
How long a resident of Clearwater? 3 )le5
Occupation: (~~ 111'-/1 k~C/~ t ,6j)I)'KI!/!
Field of Education:
(JIJ/ykt At C At,?) /::;~"iYc/5
'2-
Office Address:
~~ Ulrl/IAt- A v~
57 ?c//iPSl:!vl2c_ ~L Zip 3;)7,/)
Telephone: (11 ;) J~5 - o7vC
J 0 r,j f:;l).{ 1#5
Employer: CuL 0 /VI/f L /JAt/r
Other Work Experience:
c.Lvd ~A{
"
/-1tfl,I)A ,(J""y )v47;u+4~
Board Service (current and past):
Board Preference:
Cot11,,1tl.. (.,,J.f ( ?" r Ol.!v?;jo/!.~ cW r
Additional Comments:
Signed~-'p 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
Date: ~~/J.LJc...M-/ <f:. ~ CJ 02-
"
BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and responsibilities?
./IAN /JLcb /rI477/.:iZJ CcJ/VC(:';lPtYt/YC C I ry jfL/7/v~ ~flfc... (j- o.#UfLd A4f EN/' ('
C 0 td~ld-7s If,~; i'( CS .4 tV. 0 ?JdCt U 6J C Mp:';)./~ 2J.:j"'V!;)'",/v/J"",-&?
155vJ:S ._ !CC/(/ICiv.s Rd~,.:FS;;fJ /'".e /.../.}~J v S R ,
2. Have you ever observed a board meeting either in person or on C-View, the
City's TV station?
Y25 - WAS /.JJh.r?d 7J9-6 ;(jdAA~ /-<< ~oOl ~CAAWov.c..
/'/-S 4 ~M/] hL o,r.
Olnp/2 030 Y.c..~AI2S A~ A- AAN/1 t:Jrr/u5e flt,oST of
7llch~ :5P6~1' As ,4- ~nfl1W1IYJCr,<)..t. ,Z6YOdl!.. ~71Id p({Jt:JIots
-::r:. tllAJorM:.d.-D i-I.4lJ ?3 tlu;d7 20ft "",e A.<i.Q L41..,D (.IS/.2
eCtPURMUfk/. ;1']vS7 0;::' /hy (I/j.e~~ I-/AS /.5dait- 1<..1174
V400vS 4fv S ~ Ak" :.i . uN/; 7:. r:..l.J((i2&~r.L,r
;YrA/'f4L12 C'/4/....~ 5- 8- ~oNS172.'-CNV"'r' .L..c/-4~S t,N ?'" ~ :7".cf.L
C:fl.J/~~ II tt8fl~ pMSrf.o.~4'r~1H- iA{J' &~~j.12/;4J-r~~wt ~
4. Why do you want to serve on this Board?
~ ;: t!f l..~" 71-/.A 7' r11y Y tf4Jls or /3 A' J'&, tgec.;f AS .4-
13 4H,I(:hL .., " 7f, r ~^-/ ;3" .., - L. 76 7#6-
,6.J'ao... fvd '"'- us~.rc..
.-C/ Ty w;f-&u.5 --:: 1.... , l/ ,5 AN/) ,.114-"Ka" /hY' I-I~t.!')
Name: L Ii ''Ir,€-t?t'y'c.lf ~. "c"-,J'Yo
Board Name: c.o/1t,-fl \,..y 1'1''1 ;)c!vtF,l".!JA-fdi'!?
Name: Nicholas C. Fritsch
Home Address:
1310 Gulf Boulevard unit 8-D
Office Address: retired
CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS
(must be Clearwater resident)
Clearwater. 33767
Telephone: 595-6528
How long a resident of Clearwater?
Occupation: retired
Field of Education:
Telephone: nfa
eiq ht years
Economics
Signed: Date: March 22. 2002
See attached list for boards that require Financial Disclosure at the time of employment.
Please return this application and board questionnaire to the City Clerk's Dept.
BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and responsibilities?
The board receives requests for variance, rezoninq and appeals to the City's Land Use Plan and
Community Development Code. It evaluates the applicant's written submission aqainst the
applicable sections of the code and or plan. Followinq the oral presentation by staff and the
applicant, the board discusses the relevant facts and issues: ultimately renderinq a decision to
recommend to accept or deny the applicant's proposal based on its merits. For flexible
development proposals, it has final authority.
2. Have you ever observed a board meeting either in person or on C-View. the City's TV station?
Previously, I have spoken in support or opposition to proposals to the Community Development
Board or its' predecessor on three occasions. Additionally. I have watched the proceedinqs on
several occasions.
3. What background and/or qualifications do you have that you feel would qualify you to serve on
the board?
I have planned or directed the mechanical maintenance or coordinated the construction of a variety
of buildinqs and on-site utility distribution systems for more than eiqht years. These qualifications
will offer the board some additional insiqht into the impact of the proposals on the land and city
infrastructure. In addition, I was the corporate administrator of the employee sUQqestion plan for
more than 5 years which evaluated approximately 40.000 ideas with annual cash awards of
$300,000 to more than $750,000 a year. Judqinq and insurinq the fairness and equity of that
volume of personal ideas with often misperceived value by the employee is pretty touah evaluation.
Amonq those 40,000 ideas only one was appealed outside of the routine process and it was upheld
in a private meetinq with the chair of the corporate committee, the employee and myself.
4. Why do you want to serve on the board?
In the course of my contact with city commissioners, boards and staff I have endeavored to offer my
opinion with respect and inteqrity. I love the City and wish to contribute to its strenqths and vitality.
BioQraphical Sketch 1
Nicholas C. Fritsch
Personal:
· Married, wife Jena 23 years
· Son, Allen
. Daughter, Nicole
· Clearwater resident 1993 to present
1310 Gulf Boulevard Unit 8-0
595-6528
Email: njonbeach@email.msn.com
Education:
· Butler University - 12 graduate credit hours towards Master's Degree
· Purdue University - Bachelor of Science in Economics
Work Experience:
Eli Lilly and Co. (pharmaceuticals) 27+ years retired 1993
· Facilities management
Dept. Head - mechanical trades for research & administration
Senior project engineer - facilities services
· Materials management
Dept. Head - warehousing and receiving
Buyer - purchasing equipment and supplies
Pinellas County 1995-1997
· General Services
Engineering Specialist 1- construction of Criminal Justice Center
and Jail
· Purchasing
- Assistant Director
KePro Inc. (Medicaid contractor) 1994-1995
· Manager, Administrative Services
Military Experience:
· Viet Nam veteran and active duty during Desert Storm
· U.S. Army and Reserves - 30 years, retired
· Colonel, Military Intelligence
, As of March, 2002
Community Service:
· Pinellas County - General Services intern
II Partner in Progress Award nominee" 1995
· Big Brothers and Big Sisters of Pinellas County 1999-2001
· Paint Your Heart Out Clearwater 2001-2002
. Sand Key Civic Association - past 1 st vice-president and treasurer
and liaison to Barrier Island Government Council (BIG-C)
. Jolley Trolley - past board member 1997
. Purdue University Club of Tampa Bay, secretary
· Professional Placement Network for Pinellas County, past president
Professional associations and experience:
· Past President, VP and Board Member, International Employee
Involvement Association (formerly, the National Association of
Employee Suggestion Systems)
· Reserve Officers Association - Life Member
· Purdue University Alumni Association - Life Member
· Community Association Manager license (inactive)
Hobbies:
. Volunteer service
. Attending NASCAR races
. Tennis
How long a resident of Clearwater?
Occupation: ~~ L'; ';
Field of Edu~ation: ()
IS /J- - .S d't-<-r-aJ
,C;T.
Zipj 3l~--S-
'3~tj ~
Zip
Name:
CITY OF CLEARWATER - APPLICATION FOR ADVISORY ~~~:~h'~Ei\lE['?
(must be Clearwater resident) ~IUN ~'. .0 ?OU~
Krrlt G4^-U E>I
81TY CLERK DEPAHTMC:\; ,
Home Address:
I f) .,S- 0 I? I 0 (; t to () [.l JJ
CJL W ((
Telephone: 7:) 7 - t/~~ --
Office Address:
Telephone:
,LX)
If retired, former occup
Community Activities:
D~' '. \':
---
Other Interests:
Board Service (current and past):
L /./JR I}-j( Y /50 fA [)
Additional Comments:
Signed:
Date:---'J - /9 - 61
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
- "
V/~/DJ.- 10{' O)L J L'c)-C
BOARD QUESTIONNAIRE
3. What background and/or qualifications do you have that you feel would qualify
you to serve on this Board? ...
Pf\V)~IiV L!F-h~ IV\. ~ ~n7VJ1U44.-~
~. Why do you want to s~rve o~ this ~oard? f
j:o J~'-L If.- ~~1~ vVlLfJ-&.-..-(./
d ~ I ~ I
_/~_ '~V0_'
iJ"- '(~~
Name:ji,
Board Name:
tl'J!J
CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS
(must be Clearwater resident)
Name: Douqlas L. Hilkert
Home Address:
2227 Habersham Drive
Office Address:
2557 ~ur8erv Roadl Suite ~
Clearwater, FL
Zip 33764
Glearwater. FL
Zip 33764
Telephone: (727) ~21-14~9
How long a resident of Clearwater?
OccupatIon: Attorney
Field of Education:
B.A. southern Nazarene University
Telephone: (727) 507-9559
4~ years (25 plus in Pinellas County)
Employer. Douglas 1. Uilkert P 1
Other Work Experience:
J.D. Stet~Qn Universitv Col1eae of Law
If retired, fonner occupation:
Community Activities: Chairman Planning and ZoninQ: Board; Vice-Chairman
~h~r~pr ~PViAV ~nmm;tt~~
Other Interests:
Board Service (current and past):
p & z
Board Preference:
CDB
Charter Revie""
Additional Comments:
Signed: ;};;/
Date:
February 15, 1999
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
\/ n/o \ - \Je':\-~'<2.cl
III ~ I 0 :.). - l l
CO'l-ti V'\v e d \V\-~ re.S+
tt
II
'T'n IT.., ":t".~..J
I :..I"::l'JiT'W . - CH"":,"',-~"-'l ~
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, 'WI' - ... .- .- -... '" T
Office Address: -
1 R 1 67
100
CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS
(must be Clearwater resident)
Name:
Home Address:
tI1TT.T.Ti\M P KTR8~C::
34 Bohenia Circle North
Clearwater, Florida
Zip "'3767
Telephone: 446-4870
How long a resident of Clearwater?
Occupation: Financial Advisor
Field of Education:
Telephone:
18 yp;:,rc;
Employer: .l\me~n Express
Other Work Experience:
'(Z~+\ r~d
Associate degree, engineering
Maqnetics enqineer
B.S. degree, physics & mathematics
Pl rlnr f\{r:\T"\:::"Jpr
M.B.A. degree, finance & marketinq
G e n era 1 ~! a n a a e r
If retired, former occupation: n/a Busi ness O'..mer
Community Activities: Director. ,Jolley '1'r()11~y. nirprt-nr F.. VP ('lpr:\nV'r:\rpr
Beach Association
Other Interests:
Woodworkinq and mechanics
Board Service (current and past):
Board Preference:
Parks & Recreation
Community Development Board
Parks & Recreation Board
Additional Comments:
Signed:
?I/~~
Date:
.i\pril 23. 1999
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
p (,.., ,r; 11::."1 )r \\ r if.j'l f\
I ;. _ } If_'} '. \': .p~..".
I! 9 ! 0 I - Ic'-c (
\ ( ,~( c.). ~ I(
.\ i';:- ll. 0' .;.'.it").]
-. " ,., , ,
(j 1') bo~ \ ~ ~f-J.
'{
"
, I
\ ,-.' \. - . ... j' -..- ".
.1 I ; \" '__.\ i\ u;.~. J I
BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and responsibilities?
T~2 ~oar~ assists t~0 r~~~s & ~2C. staff in evaluatinq
current faciliti2s ~nd activities an~ r0commGnding
improvem~nts an~ capital 2x~an8ion for ~arks and
recre~tion facilitias to the Ci~y Commission.
2. Have you ever observed a board meeting either in person or on C-View, the
City's TV station?
A number of times including a four year term as a member
of the Par~s anf Recreation Advisory Board.
3. What background and/or qualifications do you have that you feel would qualify
you to serve on this Board?
Mv Drior experi~nce on this hoar~ provi~e5 mo wit~ a
thorough appreciation of the board's purpose and
responsibility,
T have a ~een interest in athletics
and recreation ~y way of my oarticination. I have a
sound hackground in finance that could help in prior-
itizin~ 0valuat~~ projects.
4. Why do you want to serve on this Board?
1'0 Ji~~2 to continue ~vorldng to\'iard the obj2ctives S2t
durina my prcviou~ t~rrn in rna'~ina the parks an~ Recreation
D~partm2nt t~e finest in the State of Florida an~ its
facilities and ~roqrams s2cone to none that we would ~c
rroud of.
Name:
1'lilliam P
In r:)2 S
Board Name:
Po rl~~
". li"1 '\' "I .\1/1 \I. -~J I)~~\ \D'
'~'!' r..\ " . 1"" . .
~nd .R6ct'?<'l f ion
,~. , ,.. jl)\)('-
,', \ i. n')'},.
; ~ ',' "...: \-~.. \:.( l.1:'" .:\
BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and responsibilities?
The board is a comprehensive administrative board that has
assumed reponsibilty of prior multiple board activities
involving zoning and land use, development code adjust-
ments, design review and planning. It is this board's
obligation to conduct public hearings relating to petitions
brought before the board by residents and interested parties.
2. Have you ever observed a board meeting either in person or on C-View, the
City's TV station?
Many times as well as serving on the Parks and Recreation
Advisory Board for four years.
3. What background and/or qualifications do you have that you feel would qualify
you to serve on this Board?
I have the academie background and work experience
to qualify me in rendering fair and sound judgment
regarding matters of development brought before the board.
I have engineering and financial traininq that would assist
me in comprehending and evaluating matters under discussion.
4. Why do you want to serve on this Board?
I have boen a resident of Clearwater for over 18 years.
I've addressed the city commission and various boards
relating to codes, planninq and zoninq. I'm more than
familiar with the affairs of the City, past and present.
I'm interested in enhancing tha quality of life for our
Name:
residents and I would offer my advice to achieve it.
. .R tI.~,1 fQ 1\~ J\m1~ Fr, n
Nilliam p, l<irbas Board Name: Comm.~ty 'Dev~J(') t
! :..1 'joop
\ \l :")J,
. , . ... .". I.;', '.,: l-'\~< \) f.: ;"r
: .# .....
CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS
(must be Clearwater resident)
U0 !/;/9-fY) J. /J1 C'C/J.N N, f:)6-
"
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;. r7J olI'""lI "II":. '1 )r --, 'Ir.'h ~
J !." 'r~ ~ n1' l' I.
I 0 I _ k-"--'-0 Oil ( I~ -/- .. ",.. I
, II 1\ ITB I : ilYl
, i "f (().'J. -
Name:
Board Service (current and past):
V6S(c..~ KevlEiJ ~/)/I!J't6D
Additional Comments:
~
Board Preference:
CoM/VlVA/1T1 UEVELOI'ME'JT ~'7)te.P
Date: /:~ /1 /'111
~ : '.
~. , " j: '. . ;,
WILLIAM J. McCANN. P.E., P.P.
LiI'l'IISl'd I'roll'ssinll.d Ellgilu'l'r ..lid I'rufl'sslnll.d I'lalllH'r
1563 Turner Street
Clearwater. FL 33756
727-443-7660
BACKGROUND and PROJECTS
CIVIC
Chairperson - Design Rcvlcw Board - City of Cleanvater. FL
Board of Directors - Keep Pinellas County Beautiful. Inc.
Member - Planning Board - Atlantic Highlands. NJ - 1977-78
Member - Zoning Board - Atlantic Highlands. NJ - 1975-76
PROFESSIONAL LICENSES
Professional Engineer - Florida - 1996
Professional Engineer - New Jersey - 1972
Profcssional Engincer - Ncw York -1972
Professional Engineer - Pennsylvania - 1974
Licensed Land Sun'eyor - Pennsylvania - 1980
Charter Member - Americ,Ul Institute of Certified Planners - October 1978
Certified by examination AICP
ProfcSSional Planner - New Jersey - 1972
EDUCATION
Master of City & Regional Planning - Rutgers University - 1978
Bachelor of Engineering (Civil Engineering) - Manhattan College - 1967
RELATED WORK EXPERIENCES and DESIGN
Commercial
Carnegie Centcr - Planned Unit Development - 550 acres - 3.3 million SF Planned Corporate Headquartcrs
Office Park. 350.000 SF Commercial retail. 900 multi-family residential units
Market Fair at Meadow Road Shopping Center - 350,000 SF
Gatcway Shopping Center - 225.000 SF
CIVIL and SITE DESIGN
Planned Unit. Developments. Planned Residential Developments. Single Family. Townhouses.
Condomiums. and Garden Apartments. Retirement Communities.
Subdivisions and Site Plans for offlce buildings and shopping centers
Sitc layout.. grading. earthwork quantities. railroad track design. utility sen'iccs.
Drainage systems. detention and retention basins. Infiltration alld exfiltratlon systcms.
Sanitary scwerage systems. collection mains. lift stations. force mains, regional systcms: intcrccpt.or
trunk lines. pump stations. force mains and package treatment plant designs.
1""\' !r.')
t,_.' fl t. '7" ::-:'1 1/. .r .... '.,.~ ........
. ,.. t;,.. V':" ti I
I I 'i.) 1<"
CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS
(must be Clearwater resident)
Name: ~/ a\- ~ '\J ~\', \~ 'vV\
. I
Home Address:
\ ~ 2. q \) e It\ e\-', o..v\ ~ '\- '0,
c \ eC\y L-..)~-\~ '('l F I Zip 3.3 ?sS-
Telephone: If!r./- /9::<. 9
How long a res~9fmt of Clearwater? ;? / V r S
Occupation: t:t_e. S -
Office Address:
-Cq h1 e.
Zip
Telephone: .l/C,/.- 0 S-G 51
Field of~atiO?: J
. S /// Ie( ~!/
/ I' .
Other Interests:
Board S vice, (cUrren~d, past):
(Sf 11 /(<'lteuJ
Additional Comments:
Signed:
Date:
See attached lis 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?
2. Have you ever observed a board meeting either in person or on C.View, the
CilY'STV? ~
L-fd / /J1~:J z'~4-
3. What background and/or qualifications do you have that you feel would qualify
you to serv~oJ-this Board?
r) {:/..e..A_-<--,A/1-\ 4-2-
""'-:;-
cYVL
../RJ-
4. Why do you want to serve on this Board?
~~
<:,\).1....
i::i~'" ;.;
- cr;
~~ ;g
~ - ~
~If.4TE'- \~
Clearwater City Commission
Agenda Cover Memorandum
Worksession Item #: '- ;.~
1 -'.-
I .' ..:..,
.-"
Final Agenda Item # ~, /
Meeting Date: 02/05/03
SUBJECT/RECOMMENDATION: Approve a Joint Project Agreement with the State of Florida's
Department of Transportation to install natural gas mains during improvement project, FPN:
256336-1-52-01/WPI No. 7115979/SPN: 14570-3518/Pasco County, SR 54/ from Mitchell Road to
Gunn Highway, at an estimated cost of $300,150.00, and adopt Resolution 03-08,
lBl and that the appropriate officials be authorized to execute same.
SUMMARY:
. The Florida Department of Transportation (FOOT) has a project to widen/improve S.R. 54 from Mitchell
Road to Gunn Highway including roadway, sidewalk, other improvements, and utilities to include those
proposed Clearwater Gas System facilities.
. Under the Joint Project Agreement (JPA), the State of Florida's Department of Transportation general
contractor will perform the installation of proposed natural gas mains,
. Having the State of Florida's Department of Transportation general contractor install the natural gas
mains allows for work to be done in a timely manner and releases Clearwater Gas System from penalty
payments.
. Funding for this agreement is available in capital project 315-96378, Pasco New Mains and Service
Lines,
Reviewed by: Originating Dept: \. Costs
Clearwater Gas System L-rI Total $300,150.00
Legal /!?j.)-; '0. Info Srvc N/A Estimated
t~ ..> 1-. (Tom Robertson)x7423
User Depl Funding
Budget .('f Public Works N/A Source:
, '-' , \
Purchasing N/A DCM/AC 0- Clearwater Gas System eM! Current FY 02103 CI X
'-"" Attachments $300,150.00
Risk Mgmt N/A Other N/A Estimated OP
Res }lo. 03-08 Other
Submitted by:
City Manager
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Location Map
Appropriation Code:
315-96378
o Printed on recycled paper
Rev. 2/98
RESOLUTION NO. 03-08
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA, APPROVING THE EXECUTION OF A UTILITY
JOINT PROJECT AGREEMENT WITH THE STATE OF
FLORIDA DEPARTMENT OF TRANSPORTATION
REGARDING INSTALLATION OF NATURAL GAS MAINS
FOR THE IMPROVEMENT PROJECT FOR STATE ROAD
54 FROM MITCHELL ROAD TO GUNN HIGHWAY;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the State of Florida Department of Transportation (FOOT) has a
project to widen/improve State Road 54 from Mitchell Road to Gunn Highway including
roadway, sidewalk, other improvements and utilities to include those proposed
Clearwater Gas System facilities; and
WHEREAS, under the Joint Project Agreement, the FOOT's general contractor
will perform the installation of proposed natural gas mains; and
WHEREAS, having FOOT's general contractor install the natural gas mains
allows for the work to be done in a timely manner and releases Clearwater Gas System
from penalty payments; now, therefore,
BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA:
Section 1. The City Commission hereby accepts and approves the Joint Project
Agreement between the City and the State of Florida Department of Transportation,
identified as Utility Work By Highway Contractor Agreement, Financial Project 10
256888-1-56-02, a copy of which is attached as Exhibit A.
Section 2. The City Commission hereby authorizes the Mayor-Commissioner
and City Manager to sign the Joint Participation Agreement described in this resolution
and associated documents.
Section 3. This resolution shall take effect immediately upon adoption,
PASSED AND ADOPTED this
day of
,2003.
Brian J. Aungst
Mayor-Commissioner
Ap~ved as t~rm:--, /
/ } y, ~'l 1/.(. /J-.-
Bryan ;.D. Ruff if
Assistant City Attorney
Attest:
Cynthia E. Goudeau
City Clerk
Resolution No. 03-08
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UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT
(AT UTILITY EXPENSE)
256336-1,56-03 Federal Pro'ect 10:
old): 7115979 Count ISection No:
14570-3518 District Document No:
N/A
14/570
N/A
THIS AGREEMENT. entered into this day of , year of . by and
between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the"FDOT", and
Clear.vater Gas Systems . hereinafter referred to as the "UAO";
WITNESSETH
WHEREAS, the FOOT is constructing, reconstructing, or otherwise changing a portion of a public road or publicly
owned rail corridor, said project being identified as Mitchell Road to Gunn Highway
State Road No.: 54 , hereinafter referred to as the "Project"; and
WHEREAS, the UAO owns or desires to install certain utility facilities which are located within the limits of the
Project hereinafter referred to as the "Facilities. (said term shall be deemed to include utility facilities as the same may be
relocated, adjusted, in5talled, or placed out of service pursuant to this Agreement); and
WHEREAS, the Project requires the location (vertically and/or horizontally). protection, relocation, installation,
adjustment or removal of the Facilities, or some combination thereof, hereinafter referred to as .Utility Work"; and
WHEREAS, the FOOT and the UAO desire to enter into a joint agreement pursuant to Section 337.403(1)(b),
Florida Statutes for the Utility Wor1< to be accomplished by the FOOT's contractor as part of the construction of the Project;
and
WHEREAS, the UAO, pursuant to the tenns and conditions hereof, will bear certain costs associated with the
Utility Work;
NOW, THEREFORE, i1 consideration of the premises and the mutual covenants contained herein, the FOOT and
the UAO hereby agree as follows:
1. Design of Utility Work
a. UAO shall prepare, at UAO's sole cost and expense, a final engineering design, plans, technical special
provisions. a cost estimate, and a contingency Utility Work Scedule (said contingency schedule to be used
in the case of a bid rejection) for the Utility Work (hereinafter referred to as the "Plans Package") on or
before FEBUARY 21 , year of 2003
b. The Plans Package shall be in the same format as the FOOT's contract documents for the Project and
shall be suitable for reproduction.
c. Unless otherwise specifically directed in writing, the Plans Package shall include any and all activ~ies and
work effort required to perform the Utility Work, including, but not lim~ed to, all clearing and grubbing,
survey work, and shall include a traffic control plan,
d. The Plans Package shall be prepared in compliance with the FOOT's Utility Accommodation Manual and
the FOOT's Plans Preparation Manual in effect at the time the Plans Package is prepared, and the FOOT's
contract documents for the Project. If the FOOT's Plans Preparation Manual has been updated and
conflicts with the Utility Accommodation Manual, the Utility Accommodation Manual shall apply where
. such conflicts exist.
e. The technical special provisions which are a part of the Plans Package shall be prepared in accordance
with the FOOT's guidelines on preparation of technical special provisions and shall not duplicate or change
the general contracting provisions of the FOOT's Standard Specillcatlons for Road and Bridge Construction
and any Supplemental Specifications, Special Provisions, or Developmental Specifications of the FOOT for
the Project.
EXHIBIT "A" TO RESOLUTION 03-08
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f. UAO shall provide a copy of the proposed Plans Package to the FOOT. and to such olher right of way
users as designated by the FOOT. for reviewal the following stagos: Phase III and Phase IV
Prior 10 submission of the proposed Plans Package for re'/iaw allhese stages, Ihe UAO shall send the
FDOT a work progress schedule explaining how Iho UAO ',','ill meet tha FOOT's production schedule. The
work progress schedule shall include the review stages, as well as other milestones necessary 10 complete
the Plans Package within Ihe time specified in Subparagraph a. abova.
g. In the event th<:1t tho FOOT finds any deficiencies in the Plans Package during the reviews pertormed
pursuant to Subparagraph f. above, the FOOT will notify the UAO in writing of the deficiencies and the UAO
will correct the deficiencies and return corrected documents within the time stated in the notice. The
FOOT's review and approval of the documents shall not relieve the UAO trom responsibility for subsequently
discovered errors or omissions.
h. The FOOT shall fumish the UAO such infomlation from the FOOT's files as requested by the UAO:
however, Ihe UAO shall at all time be and remain solely responsible for proper preparation of the Plans
Package and for verifying all information necessary to properly prepare the Plans Package, including survey
information as to the location (both vertical and horizontal) of the Facilities. The providing of information by
Ihe FOOT shall not relieve the UAO of this obligation nor transfer any of that responsibility to the FOOT.
i. The Facilities and the Utility Work will include all utility facilities of the UAO which are located within the
Iirn~s of the Project, except as generally summarized as follows: None
These exceptions shall be handled by separate arrangement.
j. If any facil~ies of the UAO located within the project limits are discovered after work on the project
commences to be qualified for relocation at the FOOT's expense, but not previously identified as such, the
UAO shall file a claim with the FOOT for recovery of the cost of relocation thereof. The filing of the claim
shall not necessarily entitle the UAO to payment, and resolution of the claim shall be based on a
detennination of fault for the error. The discovery of facilities not previously identified as being qualified for
relocation at the FOOT's expense shall not invalidate this Agreement.
k. The UAO shall fully cooperate w~h all other right of way users in the preparation of the Plans Package.
Any conflicts that cannot be resolved through cooperation shall be resolved in the manner detennined by
the FOOT.
I. Upon completion of the Utility Work, the Facil~ies shall be deemed to be located on the public road or
publicly owned rail corridor under and pursuant to the Utility Permit: To be Applied for
(Note: It is the intent of this line to allow either attachment of or separate reference to the permit).
2. Performance of Utility Work
8. The FOOT shall incorporate the Plans Package into its contract for construction of the Project.
b. The FOOT shall procure a contract for construction of the Project in accordance with the FOOT's
requirements.
c. If tho portion of the bid of the contractor selected by the FOOT which is for pertormance of the Utility Work
exceeds the FOOT's official estimate for the Utility Work by more than ten percent (10%) and the FOOT
does not elect to participate in the cost of the Utility Work pursuant to Section 337.403(1)(b), Florida
Statutes, the UAO may elect to have the Utility Work removed from the FOOT's contract by notifying
the FOOT in writing within 7 days from the date that the UAO is nolilied of the bid amount.
Unless this election is made, the Utility Work shall be performed as part of the Project by the FOOT's
contractor.
d. If the UAO elects to remove the Utility Work from the FOOT's contract in accordance with Subparagraph 2.
c.. the UAO shall pertorm the Utility Work separately pursuant to the tanns and conditions of the FOOT's
standnrd relocation agreement, the terms and conditions of which are incorporated herein for that pllrpose
by this referonce, and in accordnnce with the contingency relocation schedule which is a part of tile Plans
Pnckage. Tho UAO shall proceed Immediately with Il,o Utility WOIX so as to calise no dolay to tho FOOT
or tile FOOT's contractor in constructing tiKI Projoct.
71().010.~2
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10101
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e. The UAO shall perform all engineering inspection. testing, and monitoring of the Utility Work to insure that
it is properly performed in accordance with the Plans Package except for the following activities:
None
and will furnish the FOOT with daily diary records showing approved quantities and amounts for weekly,
monthly, and final estimates in accordance with the fonnat required by FOOT procedures.
f. Except for the inspection, testing, monitoring and reporting to be performed by the UAO in accordance with
Subpmagraph 2. e., the FOOT will perform all contract administration for its construction contract.
g. The UAO shall fully cooperate with the FOOT and the FOOT's contractor in all matters relating to the
performance of the Utility Work.
h, The FOOT's engineer has full authority over the Project and the UAO shall be responsible for coordinating
and cooperating with the FOOT's engineer. In so doing, the UAO shall make such adjustments and
changes in the Plans Package as the FOOT's engineer shall detormine are necessary for the prosecution
of the Project.
i. The UAO shall not make any changes to the Plans Package after the date on which the FOOT's contract
documents are mailed to Tallahassee for advertisement of the Project unless those changes fall within the
categories of changes which are allowed by supplemental agreement to the FOOT's contract pursuant to
Section 337.11, Florida Statutes. All changes, regardless of the nature of the change or the timing of the
change, shall be subject to the prior approval of the FOOT.
3. Cost of Utility Work
a. The UAO shall be responsible for all costs of the Utility Work and all costs associated with any
adjustments or changes to the Utility Work detennined by the FDOT's engineer to be necessary, including,
but not limited to the cost of changing the Plans Package and the increase in the cost of performing the
Utility Work, unless the adjustments or changes are necessitated by an error or omission of the FOOT.
The UAO shall not be responsible for the cost of delays caused by such adjustments or changes unless
they are attributable to the UAO pursuant to Subparagraph 4.a.
b. The initial estimate of the cost of the Utility Work is $300,150.00 . At such time as the FOOT
prepares its official estimate, the FOOT shall notify the UAO of the amount of the official estimate for the
Utility Work. Upon being notified of the official estimate, the UAO shall have live (5) working days within
which to accept the official estimate for purposes of making deposits and for detennining any possible
contribution on the part of the FDOT to the cost of the Utility Work, or to elect to have the Utility Work
removed from the FOOT's contract and performed separately pursuant to the terms and conditions set forth
in Subparagraph 2. d. hereof.
c. At least fourteen ( 14 ) calendar days prior to the date on which the FOOT advertises
the Project for bids, the UAO will pay to the FOOT an amount equal to the FOOT's official estimate; plus
10 % for administrative costs of field work, tabulation of quantities, Final Estimate processing and
Project accounting (said amounts are to be hereinafter collectively referred to as the "Allowances"); plus
10% of the official estimate for a contingency fund to be used as hereinafter provided for changes to the
Utility Work during the construction of the Project (the "Contingency Fund").
d. Payment of the funds pursuant to this paragraph will be made (choose one):
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directly to the FOOT for depos~.
as provided in the attached Memorandum of Agreement between the UAO, the FOOT, and the
State of Florida, Oepartment of Insurance, Division of Treasury. Deposits of less than $100,000 to
be escrowed must be pre-approved by the Department of Insurance and FOOT Comptrolle~s Office
prior to execution of this agreement.
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e. II the portion of the contractor's bid selected by the FOOT for performance of the Utility Work oxceeds the
amount of the deposit made pursuant to Subparagraph c. above, then subject to and in accordance with the
limitations and conditions established by Subparagraph 2. c. hereof regarding FOOT participation in the
cost of the Utility Work and the UAO's election to remove the Utility Work from the Project, the UAO shall.
within fourteen (14) calendar days from notification from the FOOT or prior to posting of the accepted bid,
whichever is earlier. pay an additional amount to the FOOT to bring the total amount paid to the total
obligation of the UAO for the cost of the Utility Work, plus Allowances and 10% Contingency Fund. The
FOOT will notify the UAO as soon as it becomes apparent the accopted bid amount plus allowances and
contingency is in excess of the advance deposit amount; however, failure of the FOOT to so notify the UAO
shall not relieve the UAO from its obligation to pay for its full share of project costs on final accounting as
provided herein below. In the event that the UAO is obligated under this Subparagraph 3.e. to pay an
additional amount and the additional amount that the U AO is obligated to pay does not exceed the
Contingency Fund already on deposit, the UAO shall have sixty (60) calendar days from notification from
the FOOT to pay the additional amount, regardless of when the accepted bid is posted.
f. If the accepted bid amount plus allowances and contingency is less than the advance deposit amount, the
FOOT will refund the amount that the advance deposit exceeds the bid amount, plus allowances and
contingency if such refund is requested by the UAO in writing and approved by the Comptroller of the FOOT
or his deSignee.
g. Should contract modifications occur that Increase the UAO's share of total project costs, the UAO will be
notified by the FOOT accordingly. The UAO agrees to provide, in advance of the additional work being
performed, adequate funds to ensure that cash on deposit with the FOOT is sufficient to fully fund its share
of the project costs. The FOOT shall notify the UAO as soon as it becomes apparent the actual costs will
overrun the award amount; however, failure of the FOOT to so notify the UAO shall not relieve the UAO from
its obligation to pay for its full share of project costs on final accounting as provided herein below.
h. The FOOT may use the funds paid by the UAO for payment of the cost of the Utility Work. The
Contingency Fund may be used for increases in the cost of the Utility Work which occur because of
quantity overruns or because of adjustments or changes in the Utility Work made pursuant to
Subparagraph 2. h. Prior to using any of the Contingency Fund, the FOOT will obtain the written
concurrence of the person delegated that responsibility by written notice from the UAO. The delegatee
shall respond immediately to all requests for written concurrence. If the delegatee refuses to provide written
concurrence promptly and the FOOT determines that the work is necessary, the FOOT may proceed to
perform the work and recover the cost thereof pursuant to the provisions of Section 337.403(3}, Florida
Statutes. In the event that the Contingency Fund Is depleted. the UAO shall, within fourteen (14) calendar
days from notification from the FOOT, pay to the FOOT an additional 10% of the total obligation of the UAO
for the cost of the Utility Work established under subparagraph 3. e. for future use as the Contingency
Fund.
i. Upon final payment to the Contractor, the FOOT intends to have its final and complete accounting of all
costs incurred in connection with the work performed hereunder within three hundred sixty (360) days. All
project cost records and accounts shall be subject to audit by a representative of the UAO for a period of
three (3) years after final close out of the Project. The UAO will be notified of the final cost. Both parties
agree that in the event the final accounting of total project costs pursuant to the terms of this agreement is
less than the total deposits to date, a refund of the excess will be made by the FOOT to the UAO. In the
event said final accounting of total project costs is greater than the total deposits to date, the UAO will pay
the additional amount within forty (40) calendar days from the date of the invoice. The UAO agrees to pay
interest at a rate as established pursuant to Section 55.03, Florida Statutes, on any invoice not paid within
the time specified in the preceding sentence until the invoice is paid.
4, Claims Against UAO
a. The UAO shall be responsible lor all costs incurred as a result 01 any delay to the FOOT or its contractors
caused by errors or omissions in the Plans Package (including inaccurate location of the Facilities) or by
lailure 01 the UAO to properly perform its obligations under this Agreement in a timely manner.
b. In the event the FOOT's contractor provides a notice of intent to make a claim against the FOOT relating to
the Utility Work, the FOOT will notify the UAO 01 the notice 01 intent and the UAO will thereafter keep and
maintain d8i1y field reports and all other records relating to the intended claim.
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C. In the event the FOOT's contractor makes any claim against the FOOT relating to the Utility 'llork, the
FOOT will notify the UAO of the claim and the UAO will cooperate with the FOOT in analyzing and resol\~ng
the claim within a reasonable time. Any resolution of any portion of the claim directly between the UAO
and the FOOT's contractor shall be in writing, shall be subject to written FOOT concurrence and shall
specify the extent to which it resolves the claim against the FOOT.
d. The FOOT may withhold payment of surplus funds to the UAG until final resolution (including any actual
payment required) of all claims relating to the Utility Work. The right to withhold shall be limited to actual
claim payments made by the FOOT to the FOOT's contractor.
5. Out of Service Facilities
No Facilities shall be placed out of service unless specifically identified as such in the Plans. The following terms
and conditions shall apply to Facilities placed Out-of,Service:
a. The UAO acknowledges its present and continuing ownership of and responsibility for out of service
Facilities.
b. The FOOT agrees to allow the UAO to leave the Facilities within the right of way subject to the continuing
satisfactory performance of the conditions of this Agreement by UAO. In the event of a breach of this
Agreement by the UAO, the Facilities shall be removed upon demand from the FOOT in accordance with
the provisions of Subparagraph e. below.
c. The UAO shall take such steps to secure the Facilities and otherwise make the Facilities safe in
accordance with any and all applicable local, state or federal laws and regulations and in accordance with
the legal duty of the UAO to use due care in its dealings with others. The UAO shall be solely responsible
for gathering all information necessary to meet these obligations.
d. The UAO shall keep and preserve all records relating to the Facilities, including, but not limited to, records
of the location, nature of, and steps taken to safely secure the Facilities and shall promptly respond to
information requests of the FOOT or other permittees using or seeking use of the right of way.
e. The UAO shall remove the Facilities at the request of the FOOT in the event that the FOOT determines that
removal is necessary for FOOT use of the right of way or in the event that the FOOT determines that use of
the right of way is needed for other active utilities that cannot be otherwise accommodated in the right of
way. Removal shall be at the sole cost and expense of the UAO and without any right of the UAO to object
or make any claim of any nature whatsoever with regard thereto. Removal shall be completed within the
time specnied in the FOOT's notice to remove. In the event that the UAO fails to perform the removal
properly within the specified time, the FOOT may proceed to perform the removal at the UAO's expense
pursuant to the provisions of Sections 337.403 and 337.404, Florida Statutes.
l. Except as otherwise provided in Subparagraph e. above, the UAO agrees that the Facilities shall forever
remain the legal and financial responsibility of the UAO. The UAO shall reimburse the FOOT for any and all
costs of any nature whatsoever resulting from the presence of the Facilities within the right of way. Said
costs shall include, but shall not be limited to, charges or expenses which may result from the future need
to remove the Facilities or from the presence of any hazardous substance or material in or discharging from
the Facilities. Nothing In this paragraph shall be interpreted to require the UAO to indemnify the FOOT for
the FOOT's own negligence; however, it Is the intent that all other costs and expenses of any nature be the
responsibility of the UAO.
6. Default
a. In the event that the UAO bronches any provision of this Agreement, then in addition to any other remedies
which are otherwise provided for in this Agreement, the FOOT may exercise one or more of the following
options, provided that at no time shall the FOOT be entitled to receive double recovery of damages:
1. Terminate this Agreement if the breach is material and has not been cured within sixty (60) days
from written notice thereof from FOOT,
2. Pursue a claim for damages suffered by the FOOT or the public.
3. If the Utility Work is reimbursable under this Agreement, withhold reimbursement payments until
the breach is cured. The right to withhold shall be limited to actual claim payments made by
FOOT to third parties.
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4. If the Utility Work is reimbursable under this Agreement. offset any d:images suffered by the FOOT
or the public against payments due under this Agreement for the same Project. The right to offset
shall be limited to actual claim payments made by FOOT to third parties.
5. Suspend the issuance of further permits to the UAO for the placement of Facilities on FOOT
property if the breach is material and has not been cured within sixty (60) days Irom written notice
thereof from FOOT.
6. Pursue any other remedies legally availnble.
7. Perform any work with its own forces or through contractors and seek repayment for the cost
thereof under Section 337.403(3). Florida Statutes.
b. In the event that the FOOT breaches any provision of this Agreement, then in addition to any other
remedies which are otherwise provided for in the Agreement, the UAO may exercise one or more of the
following options:
1. Terminate this Agreement if the breach is material and has not been cured within sixty (60) days
from written notice thereof from the UAO.
2. II the breach is a failure to pay an invoice for Utility Work \\'hit:h is reimbursable under this
Agreement, pursue any statutory remedies that the UAO may have for failure to pay invoices.
3. Pursue any other remedies legally available.
c. Tennination of this Agreement shall not relieve either party from any obligations it has pursuant to other
agreements between the parties nor from any statutory obligations that either party may have with regard to
the subject matter hereof.
7. Force Majeure
Neither the UAO nor the FOOT shall be liable to the other for any failure to pertonn under this Agreement to the
extent such pertonnance is prevented by an act of God, war, riots, natural catastrophe, or other event beyond the
control of the non-pertorming party and which could not have been avoided or overcome by the exercise of due
diligence; provided that the party claiming the excuse from pertorrnance has (a) promptly notified the other party of
the occurrence and ns estimated duration, (b) promptly rem edied or mitigated the effect of the occurrence to the
extent possible, and (c) resum~'~ pertonnance as soon as possible.
8. Indemnification
FOR GOVERNMENT-OWNED UTILITIES,
To the extent provided by law, the UAO shall indemnify, defend, and hold harmless the FOOT and all of its officers,
agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any acts, action,
error, neglect, or omission by the UAO, its agents, employees, or contractors during the pertonnance of the
Agreement, whether direct or indirect, and whether to any person or property to which FOOT or said parties may be
subject, except that neither the UAO, its agents, employees, or contractors will be liable under this section for
damages arising out of the injury or damage to persons or property directly caused by or resulting from the
negligence of the FOOT or any of its officers, agents, or employees during the performance of this Agreement.
When the FOOT receives a notice of claim for damages that may have been caused by the UAO in the
perfonnance of services required under this Agreement, the FOOT will immediately forward the claim to the UAO.
The UAO and the FOOT will evaluate the claim and report their findings to each other within fourteen (14) working
days and will jointly discuss options in defending the claim, After reviewing the claim, the FOOT will detennine
whether to require the participation of the UAO in the defense of the claim or to require the UAO to defend the
FOOT in such claim as described in this section. The FDOT's failure to notify the UAO of a claim shall not release
the UAO from any of the requirements of this section. The FOOT and the UAO will pay their own costs for the
evaluation, settlement negotiations, and trial, if any. However, if only one party participates in the defense of the
claim at trial, that party is responsible for all costs.
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FOR NON.GOVERNMENT.OWNEO UTILITIES,
The UAO sh<lll indemnify, defend, and hold hnrmless the FOOT and nil of its ofliccrs, agents, <lnd employees from
any claim, loss, damage, cost, charge, or expense ansing out of any Gcts, action, error, neglect, or omission by
the UAO, its agents, employees, or contractors during the performance of the Agreement, whether direct or
indirect, and whether to nny person or property to which FOOT or snid parties mny be subject, except that neither
the UAO, its agents. employees, or contmctors will be liGble under this sQction for damages <:\rising out of the
injury or damiJge to persons or property directly ciJused by or resulting from the negligence of the FOOT or nny of
its officers, agents, or employees during the performance of this Agreement.
The UAO's obligiJtion to indemnify, defend, iJnd pny fer the defense or at the FOOT's option, to participiJte <lnd
nssociate with the FOOT in the defense and trinl of any dnm<lge claim or suit iJnd nny relnted settlement
negotiations. shnll mise within fourteen (14) days of receipt by the UAO of the FOOT's notice of clnim for
indemnification to the UAO. The notice of claim for indemnificntion shall be served by certified mnil. The UAO's
obligation to defend and indemnify within fourteen (1 ~) dnys of such notice shiJlI not be excused beciJuse of the
UAO's innbility to evaluate liability or because the UAO evaluntes liability LInd determines the UAO is not liable or
determines the FOOT is solely negligent. Only a finul adjudiciJlion or judgmont finding the FOOT solely negligent
shall excuse performance of this provision by the UAO. Tho UAO shall piJY all costs cmd fees reliJted to this
obligation and its enforcement by the FOOT. The FOOT's delay in notifying the UAO of a claim shall not rele<lse
UAO of the above duty to defend.
9. Miscellaneous
a. Time is of essence in the performance of all obligations under this Agreement.
b. The Facilities shall at all times remain the property of and be properly protected and maintained by the
UAO in accordance with the current Utility Accommodation Manual in effect at the time the Plans Package
is prepared and the current utility permit for the Facilities; provided, however, that the UAO shall not be
obligated to protect or maintain any of the Facilities to the extent the Foors contractor has that obligation
as part of the Utility Work pursuant to the FOOrs specifications.
c. The FOOT may unilaterally cancel this Agreement for refusal by the UAO 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 UAO in conjunction with this Agreement.
d. This Agreement constitutes the complete and final expression of the parties with respect to the subject
matter hereof and supersedes all prior agreements, understandings, or negotiations with respect thereto,
except that the parties understand and agree that the FOOT has manuals and written policies and
procedures which may be applicable at the time of the Project and the relocation of the Facilities.
e, This Agreement shall be govemed by the laws of the State of Florida. Any provision hereof found to be
unlawful or unenforceable shall be severable and shall not affect the validity of the remaining portions hereof.
f. All notices required pursuant to the terms hereof may be sent by first class United States MiJil, facsimile
transmission, hand delivery, or express mail and shall be deemed to have been received by the end of five
business days from the proper sending thereof unless proof of prior actual receipt is provided. The UAO
shall have a continuing obligation to notify each District of the FOOT of the appropriate persons for notices
to be sent pursuant to this Agreement. Unless otherwise notified in writing, notices shall be sent to the
following addresses:
If to the UAO:
Mr. Tom Robert';on, Clearwater Gas System
400 N. Mvrtle Avenue. Clearwater. FL 33755
If to the FOOT:
District Utility L ,gineer,
11201 N, Mc:':i1':evDril,'~. 7-820
Tampa. FL 33812-64QP
71~10-22
L~LmES
10.'01
,::':;;a:J~: G
10. Certification
This document is a printout of an FDOT form maintained in an electronic format and nil revisions thereto by tile
UAO in the form of additions, deletions, or substitutions are renected only in an Appendix entitled "Ch.mges To
Form Document" nnd no change is made in the text of the document itself. Hnnd notations on nffected portions of
Ulis document may refer to changes reOected in tile nbove-named Appendix but arc for reference purposes only nnd
do not change the terms of the document. By signing this document, tile UAO hereby represents that no change
has been made to the text of this document except through the terms of the appendix entitled "Changes To Form
Document."
You MUST signify by selecting or checking which of the following applies:
(!) No changes have been made to this Forms Document and no Appendix ontitled "Changes To Form
Document" is attached.
o No changes have been.made to this Form Document. but changes are included on the attached Appendix
entitled "Changes to Forms Document."
IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective the day and year first written.
Countersigned: CITY OF CLEARWATER, FLORIDA
By:
Brian J. Aungst
Mayor-Commissioner
William B. Horne II
,
City Manager
Approved as to form:
.-r -r ~ /.
/"V :,,'.1' I.) {;f-
.....B'fx~ D.' -Ruff /
Assistant City Attorney
Attest:
Cynthia E, Goudeau
City Clerk
~ecommend Approval by the District Utility Office
3Y: (Signature)
DATE:
:OOT Legal Review
3Y: (Signature)
DATE:
District Counsel
iTATE OF FLORIDA
JEPARTMENT OF TRANSPORTATION
3Y: (Slgnnture)
DATE:
(Typed Name: Donald Skelton., P.E.
)
)
(Typed Title: Director of PlanninglProduction
FEDERAL HIGHWAY ADMINISTRATION (if applicable)
BY: ISigllnturc)
DATE:
(Typod Nam(!:
)
(Typed Title:
.-:~ /
MEMORANDU~IOFAGREEMENT
TI-IIS AGREEMENT, made and entercd into this , day of ,2003. by
and between the State of Florida. Departmcnt of Transportation. hereinafter referred to as
"FOOT" and the State of Florida, Department of Insurance, Division of Treasury. hereinafter
referred to as "Treasury" and City of Clearwater Gas System, hereinafter referred to as the
"Participant".
\VITNESSETH
WHEREAS, "FOOT" is currently construeting the following project:
Main Financial Project No.: 256336-1-56-03
County: Pasco
hereinafter referred to as the "Projeet".
NOTE: ONLY THE NEXT TWO PARAGRAPHS MAYBE MODIFIED AS APPROPRIATE
WITHOUT PRIOR APPROV AL OF FOOT'S COMPTROLLER.
WHEREAS, FOOT and the Participant entcred into a Joint Pnrticipntion Agreement dated
, 2003, whcrcin DOT agreed to perform certain work on behalf of the
Participant in conjunction with the Project.
WHEREAS, the parties to this AGREEMENT mutually agreed that it would be in the best
interest of the FOOT and the Participant to establish an interest bearing escrow account to provide
funds for the work perfonned on the Project on behalf of the Participant by the FOOT.
NOW THEREFORE, in consideration of the premises and the eovenants contained herein, the
parties agree to the following:
I. An initial deposit in the amount of $ 300.150.00 (three hundred thousand one
hundred fifty dollars) will be made by the Participant into an interest bearing escrow account
established by the FOOT for the purposes of the project. Said eserow aecount will be opened with the
Department ofInsurance, Division of Treasury, Bureau of Collateral Securities on behalfofthe FOOT
upon receipt of this Memorandum of Agreement. Such account will be an asset of FOOT.
2. Other deposits will be made only by the Participant as necessary to eover the cost of
additional work prior to the exeeution of any Supplemental Agreements or Amendments.
3. All deposits shall be madc payable to the Department ofInsurnnce, Revenue Proccssin~
and mailed to the FDOT Office of Comptroller for appropriate processing at the following address:
Florida Department of Transportation
Office of Comptroller
3717 Apalachee Parkway, Suite E
Mail Station 24
Tallahassee, Florida 323 II
A TIN: lP A Coordinator
A copy of this Agreement should accompany ~my deposits. 'Vhen the check is mailed to
Tallahassee, the District Office should instruct the Participant to mail the District Office a copy
of the check.
4. The FOOT's Comptroller and/or his designee(s) shall be the sole signatories on the
escrow account with thc Department of Insurance and shall have solc authority to authorize
withdrawals from said account.
5. Unlcss instrueted otherwise by the parties hereto, all interest accumulated in the
escrow account shall remain in the account for the purposes of the project as defined in the lP A,
6. The Treasurer agrees to provide written confim13tion of receipt offunds to the FOOT.
7. The Treasurer's Office further agrees to provide periodic reports to the FDOT.
STATE OF FLORIDA
DEP ARTMENT OF TRANSPORTATION
COMPTROLLER
STATE OF FLORIDA
DEPARTMENT OF INSURANCE
DIVISION OF TREASURY
ATTEST:
PARTICIPANT SIGNATURE
Cynthia E. Goudeau
City Clerk
William B. Home, II
City Manager
AP~o~e~,' as'.1) f~,:
I .~..! j. Ie.
,Bfya D. Ruff
Ass' stant City At
PARTICIPANT NAME & TITLE
112 S. Osceola Avenue
Clearwater, Florida 33756
PARTICIPANT ADDRESS
59-6000289
FEDERAL EMPLOYER ID NUMBER
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Clearwater City Commission
Agenda Cover Memorandum
Worksesslon Item #:
,.... /)
Final Agenda Item # .-) . ..!
Meeting Date: C-2 -( , /)..-: <.: <--)
SUBJECT/RECOMMENDATION: Adopt Resolution OJ - 11, supporting proposed Pinellas County Fireworks
Ordinance.
o and that the appropriate officials be authorized to execute same.
SUMMARY:
The City of Clearwater Fire Marshal recommends support of the proposed Pinellas County Fireworks
Ordinance. The Ordinance provides a regulatory mechanism to enforce the provisions of Florida
Statute 791 regarding the Sale and use of Fireworks. The ordinance will apply countywide and will
be more effective than each individual municipality adopting its own regulations.
The proposed Pinellas County Fireworks Ordinance will permit Fire Marshals and Law enforcement
officers the ability to close businesses engaging in the Sale of illegal fireworks. Currently, the burden
of enforcement is transferred to the individual purchaser of fireworks by signing a verification form,
which provides false information about the intended usage of fireworks.
Reviewed by:
Lesal f S/c71':
Budget IV/If
Purchasing dl.!1-
Risk Mgmt tV III
Info Srvc
Orlafnitlnl DepC;: Costs
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..!!.!JI::.. Act.1chments _-' ./-" .---
-----
Funding Source:
CI
OP
Other
Public Works
OCMI ACM
Other
Submitted by:
rMl None
Approprlidon Code:
o Printed on recycled p~per
RESOLUTION NO. 03-11
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA, SUPPORTING THE ADOPTION OF AN
ENFORCEABLE ORDINANCE BY THE PINELLAS
COUNTY COMMISSION PROHIBITING THE SALE OR
USE OF FIREWORKS; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the illegal use of fireworks is a hazard to the public and a
disturbance to the peace of our communities; and
WHEREAS, fireworks lead to injury of persons and animals and cause loss of
property; and
WHEREAS, fireworks create an increased demand on Fire/EMS personnel; and
WHEREAS, the current method of fireworks sales commonly encourages
purchasers to make fraudulent declarations of intended use. such as written statements
that fireworks will be used for agricultural purposes when no such vocation or intention
exists, thereby lowering public compliance with and respect for properly enacted laws;
now, therefore,
BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA:
Section 1. The City Commission of the City of Clearwater urges the Pinellas
County Board of Commissioners to adopt an enforceable ordinance prohibiting the
unlawful sale or use of fireworks in all incorporated and unincorporated areas of the
county.
Section 2. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this
day of
,2003.
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
Attest:
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0' . . , 'J . I. .A,) l,L(I.} II'. /
Robert J~urette
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Resolution No. 03-11
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C I T Y 0 F C L E ~-\ R \\,' 1\ '1' E H
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F: HI' .\ l.\l\'H.\1
February 3. 2003
Mayor and Commissioners
City of Clearwater
PO Box 4748
Clearwater, FL 33758-4748
Mayor and Commissioners:
It is the recommendation of the City of Clearwater Fire Marshal that we support the approval of
the proposed Pinellas County Ordinance providing for a regulatory mechanism to enforce the
provisions of Florida Statute 791 regarding the sale and use of fireworks on a countywide
application.
The proposed Pinellas County Fireworks Ordinance will permit Fire Marshals and law
enforcement officers the ability to close businesses engaging in the sale of illegal fireworks.
Currently, the burden of adherence to Florida Statute 791 is transferred to the purchaser by
signing a verification form (attached), which identifies the purchaser's intent to utilize fireworks for
the following purposes:
. Use for railroad or other transportation agency for signal purposes or illumination.
. Use for quarrying and blasting or other industrial use.
. Use for agricultural and fish hatchery use.
Being that Clearwater and Pinellas County is a metropolitan area, these uses are uncommon.
Proponents for the proposed county ordinance include the following:
· Police Chiefs from Cities of Clearwater, Belleair, Belleair Bluffs, Kenneth City, St. Pete
Beach, St. Petersburg, Pinellas Park, Largo, Gulfport, Treasure Island, Indian Shores,
Tarpon Springs, and Pine lias County School Board.
. Pinellas County Sheriff's Department.
. Fire Marshals from Cities of Clearwater, St. Petersburg, Largo, Seminole, St. Pete Beach,
Gulfport, Pinellas Park, Lealman, Madeira Beach, Safety Harbor, East Lake, Dunedin,
Tarpon Springs, Palm Harbor, and Oldsmar.
. State Attorney Mr. Bernie McCabe.
. Pinellas Police Standards Council.
. Tampa Bay Fire Marshals and Inspectors Association,
· Numerous citizens.
111(1\"'\ \i '",,:. \1\\", ("\\\\1"1"'.",
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Opponents for the proposed county ordinance include the following:
. Lobbyists for the fireworks industry.
. Fireworks and pyrotechnics association.
. Business owners representing Phantom, Galaxy, and several other regional fireworks
retailers.
. Numerous citizens.
We feel that the illegal use of fireworks creates a hazard to the public and a disturbance of
community peace. This is apparent as Independence Day grows near; the sounding of fireworks
begins weeks before the holiday and usually continues a few days thereafter. Both Clearwater
Fire & Police receive complaints from citizens throughout the jurisdiction, who are unhappy with
these dangerous disturbances.
Illegal use of fireworks leads to injuries of people and animals. The National Fire Protection
Agency [NFPA] recognizes the dangers of amateur use of fireworks and cites that fireworks usage
risk, "measured as a rate of serious injuries per hour of exposure, ranks with the highest risks of
any known product" (NFPA. "Dangers of amateur use of fireworks." NPFA Fact Sheets:
Fireworks. http://www.nfpa.orq/Research/NFPAFactSheets/Fireworks/fireworks.asp (31 Jan.
2003). "Any increase in the very limited (one day a year) typical usage pattern," such as the
timeframe from June 23rd to July 23rd, "results in a large increase in injuries," such as occurs in
Clearwater. "Meanwhile, the share of fireworks injuries occurring at public displays remained low
(around 3 percent) for Independence Day 2000" (NFPA). Also, NFPA expressed that amateur
displays are "unacceptably dangerous, especially to children, whose injury rates, as always, were
several times those of adults." Because of these injuries, fireworks create an increased demand
on Fire and EMS personnel. In fact, eight states have banned the use of all fireworks by
consumers: Arizona, Delaware, Georgia, Massachusetts, New Jersey, New York, Rhode Island,
and Vermont.
For the protection and life safety of the City of Clearwater, its citizens and visitors, the City of
Clearwater Fire Marshal supports the approval of the proposed Pinellas County Ordinance
providing for a regulatory mechanism to enforce the provisions of Florida Statute 791 regarding
the sale and use of fireworks on a countywide application. This office urges the City of Clearwater
Commission to support this mission, also.
Attached you will find a suggested resolution, a verification acknowledgement form signed by
fireworks consumers, a St. Petersburg Times article "County fireworks proposal faces fight," 1999
Florida Statutes, and an NFPA Fact Sheet detailing amateur use of fireworks.
Your consideration and support for the life safety of Clearwater is not only encouraged but also
appreciated.
Yours in life safety,
~---?/JtfZ:)
4~#~
Aa~~y~' der, MBA, MIFireE
, Divisio Chief Fire Marshal
Clearwater Fire & Rescue
DISCUSSION
OF
FIREWORKS
ORDINANCE
.
.
.
.
PROPOSED FIRE\\'ORKS ORDINANCE
TABLE OF CONTENTS
Section
SUPPORTING CORRESPONDENCE
Pu bE c Offi cial s ............................................................................................................. A
En1ai Is..........,.....................................,.................................,........................................ B
l-land\\rrinen Leners ..................,......... ,.........,..............,................................................ C
OPPOSING CORRESPONDENCE
Emails .......,..,................................................................,..,......,...................................,. D
FlRE\VORKS I\1A TERL~LS. .......................... ....... ............ .... ..... .... ..... ...... .., ..... ... ...... ... .... .... ,. E
.
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,.
PHONE . (727) 541-0700
FAX (727) 544,7448
SUNCOM' 969,1011
Cit). ot
PI:'\ ELL.~S P.A. P~15
FLO RiP.A.
5141 78TH AVE.' P.O. BOX 1100
PINELLAS PARK, FL33780,1100
December 13,2002
Barbara Sheen Todd, Chairperson
Board of County Commission
Pinellas County
315 Court Street
Clearwater, Florida 33756
RE: Fireworks
~.~RA.
Dear Ms)Pfui:
As we approach the New Year, all communities will be facing challenges. One such
challenge that all jurisdictions will be facing is the problem of fireworks usage within an
urbanized area. Commissioner \VeIch has already taken the lead on this issue. I'm sure
that with his efforts the County Commission will appropriately address this issue. .
Though many citizens feel that it is their right to celebrate those special oecasions such as
New Year's Day, Memorial Day and Independence Day with fireworks, state law
(Chapter 79]) and county ordinance (Chapter 62 Article IV) establishes specific
standards for sale, purchase, and usage of fireworks. Many local governments also have
restrictions and prohibitions relative to fireworks. In order for these standards,
restrictions, and prohibitions to be effective all governments in Pinellas County must
work individually and in concert to ensure appropriate enforcement.
Pinellas Park is developing a strategy to enhance enforcement locally and hopes that all
other jurisdictions with law enforcement responsibilities do the same. Perhaps by
DEe 1 0 2002
KENNETH T. WELCH
COMMISSIONER
~
W p;:m;TED ON RECYCLED PAPER
Barbara Sheen-Todd, Chairperson
December 13, 2002
.
Independence Day 2003, through Commissioner \\TeIch's' work and the cooperation of
all jurisdictions within Pinellas County, a unified strategy will be developed so that
everyone may enjoy a holiday free from illegal fireworks.
eSincere~:,
-;:::::..
illiam Mischler, Mayor
City of Pinellas Park
C
Ed Taylor, Pinellas Park
Patricia Bailey-Snook, Pinellas Park
Sandra Bradbury, Pinellas Park
Rick Butler, Pinellas Park
Barbara Sheen Todd, Pinellas County
Calvin Harris, Pinellas County
Robert Stewart, Pinellas County
Susan Latvala, Pinellas County
John Morrom, Pinellas County
Kenneth Welch, Pinellas County
Town of Belle air
City of Belleair Beach
City of Belleair Bluffs
City of St. Pete Beach
City of St. Petersburg
City of Seminole
City of South Pasadena
City of Tarpon Springs
City of Treasure Island
Town of Redington Beach
Town of Redington Shores
City of Safety Harbor
Town of North Redington Beach
City of Oldsmar
Town of Kenneth City
City of Largo
City of Madeira Beach
City of Gulfport
City of Indian Rocks Beach
Town of Indian Shores
Town of Belle air Shore
City of Clearwater
City of Dunedin
Pinellas County Mayor's Council
.
.
. ~
E~.\.ST LA.KE TARPON SPECIAL
FIRE CONTROL DISTRICT
3375 TARPON LAKE BOULEVARD
PALt\1 HARBOR. FLORIDA 3-+685
PHO~E: 727-784-8668
FAX: 727-787-4613
www.castlakcfireresclle.com
HOARD OF
FIRE COMMISSIONERS
Damel J Bo[>.,l
Wllhur F. mill. CJlllHlII
Charles 0 lr.:lmall
James L. Galloway
Jmne.~ ~~ Noblc~
AUb1Ust 22, 2002
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Honorable Kenneth T. Welch
Commissioner~
Pinellas County Board Of County Commissioners
315 Court Street
Clearwater, FL 33756
I
.I
I
i
I
i
I
Dear Commissioner Welch:
.
As Secretary of the Board of Fire Commissioners'ofEast Lake Tarpon Fire Control
District, and as a charter board member of the Friends of Brooker Creek Preserve, I was
very interested in two articles concerning you in the St. Petersburg Times, The first
appeared in the July 24th edition and was titled, "County official decries fireworks". The
next one was an editorial appearing on the August 5th Editorial page entitled, "Facing the
fireworks problem". Both of these articles illustrated your despair at the obvious dangers
associated with the practice of normally good, law abiding citizens violating Florida's
ban on consumer use of fireworks.
Around the end of June the East Lake Fire & Rescue and some of the commissioners
started receiving complaints from our citizens about two tents that had been erected
within the district by a Tampa company that was setting up fireworks concessions. Our
Fire :Marshall and myselfvisiled these locations and came away with knowledge of some
disturbing facts, First, and foremost, 1 was quite upset to learn that someone in the
county permitting office had issued vendors permits that authorized these people to erect
tents in the immediate vicinity of upscale residential areas, and close to the East Lake
High School. One would almost think that, at a minimum, zoning restrictions would
have prohibited such structures.
After seeing that the vendors made changes required to meet setback and other applicable
restrictions, the Fire Marshall had to give approval to the vendors to begin operation. At
first, I did not identify myself as a Fire Commissioner and asked several questions from
the operators about purchasing and using the fireworks. It was quickly apparent that the
vendors simply assisted the purchaser in perjuring themselves by certifying that they
were using the explosives in a manner pennitted by law.
.
I am proud to say that this topic was thoroughly discussed at the July 24th Workshop
meeting of the fIre board, and at the July 3]st regular monthly meeting, the majority of the
Fire Commissioners voted to contact you, and to pledge the full support of our Fire
Deparnnent in assisting you in enforcing the fireworks ban. This enforcement must
assure that both the letter of the law, and the spirit of the law is followed.
There appears to be a feeling among some citizens that the county government is not
interested in enforcing the fireworks ban because it would lose revenue associated with
permining fees and taxes on the sales. I would hope that this is not the case, and would
depend on you, as a top elected county official, to assure that thrs is not the case.
I'm sure that we all have enjoyed the experience in past years of setting off the loudest
and brightest displays in our own back.)'ards. But the times, the laws, and the conditions
have all changed. V.,re now live in the most densely populated county in the state, and it is
next to impossible to shoot a ballistic device with the assurance that it will not come in
dangerous proximity to humans or property. This fact was tragically illustrated this year
when the 12-year-old child was seriously injured on the Counney Campbell Causeway by
someone ignorantly lighting a bottle rocket in the midst of thousands of people who had
gathered to watch a legal display.
Every year, thousand of fires, injuries, and deaths occur in our country by improper use
of fireworks. Many of these occur in Pinellas County, caused by people who violate the
law. As duly elected representatives of the citizens of the unincorporated area of East
Lake, this body of Fire Commissioners feels obligated to assist you in any way possible
to protect its citizens and their property.
Please do not hesitate in contacting us and let us know what we can do to assist you in
making sure the laws are complied with, or revising existing laws and ordinances to put
more force into insuring effectiveness.
You can reach the Fire Commission by calling or writing Chief .leffParks at Station 57~
telephone number 727-784-8668.
Sincerely,
EJU2 d)O~
Charles O. Dedman
Secretary
.
.
.
.
. ,,_..... ..: :, .;::'.,.;:: :'- "
. :. . or',
. ,
P~~SIDENT
Randy Hinder
. Fire .A1arshal
. .~.. Clearwater..
Fire & Rescue
VICE-PRESIDENT
, ~ " .
. . .
Rick Butcher
. ,Fire A1arshal
Tarpo!1 Springs
'.: Fire ~ Rescue
'.'~ ;+ ~~ <~,,-.
.' .
'.. SJ'"""'RETARY
:: ..d Drier.
( "Fire Inspector
, , Spring Hill
Fire & Rescue
DIRECTORS
Joe Fiorentino
Fire A1arshal
New Port Richey
Fire Department
Ernie Hand
Fire .Marshal
St. Pete Beach
Fire Department
Delmar Jackson
.. Marshal
'.Jnt Ci(l'
Firc & Rcscue
TAMPA BAY FIRE l\1~.\RSHALS
. - -.. ,,--". -
& INSPECTORS ASSOCIATION
"Ser\'ing West Central Florida Fire & L~fe Safety Since J 978"
August 12,2002
Honorable Mr. Kenneth Welch, Commissioner
Pinellas County Board of Commissioners
315 Court Street
Clearwater, Florida 33756
. Greeting Commissioner Welch:
On behalf of the members of the Tampa Bay Fire Marshals and
Inspectors Association, we extend our support and commend your
efforts to address and rectify the sale and use of illegal fireworks in
Pinellas County,
.. The .Tampa Bay Fire Marshals Association was created and organized
in 1978, and includes membership representing fire service, and public
safety. minded agencies from Pinellas, Sarasota, Manatee, Polk,
. Hillsbourgh. Pasco, and Hernando Counties.
We support a "Countywide" fireworks ordinance and offer that this
fireworks ordinance can and will be utilized by others throughout the
State of Florida. In closing, we are appreciative of your proactive
approach to ensure our citizens safety.
Respectfully,
ndy H' er, President
Tampa ay Fire Marshals and Inspectors Association
.
.
.
Office of the Mayor ana Commission
Internet Site: www.largc.:om
August 6, 2002
Ms. Elaine Harvev
10191 128111 Terrace North
Largo, F[ 33773
o i 90SP.l
~O ...~O...o
. 10 ""'""
~-~=- -u
....J ....1;1.... :>
City of Largo, Florida
Post Office Box 296. Largo, Rorida 33779.0296
(727) 587-6702
FAA: (727) 587,6797
~~::lk(~i;' l":~:"~i."{I;Y
~. ~... ~
......
I !~.... n ::. ,.......,.
rO.. !.~ iJ () ....'.1"1
t_ - '-U~!.
K~~::~~?~~~~:~ ~.o ~.
Dear Ms. Harvey:
I am in receipt of your letter postmarked July 29111. Thank you for taking the time to write.
I will share your letter with the Mayor and Commission. I will also ask that your letter be forwarded to
County Commissioner Ken Welch. It is my hope that something be done to address your concems.
Sincerely,
~~
Commissioner
MS/sf
c: Mayor and Commission
County Commissioner Ken Welch
II
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- _.' . . ..~ ...,'-' ... ~... - .
Darlina Herring- Commissip~~rs,
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From:
To:
Date:
Subject:
Commissioners,
"Jeff Coleman" <jeffcoleman@gulffoundation.com>
<publicaf@co.pinellas.fl.us>
1/22/03 8:59AM
Commissioners,
.._.._._ ,....., ... _. _ ._. 4.__~"__"_
I urge you to endorse all appropriate measures necessary to curb the use of fireworks in our county.
Fireworks, in the hands of the general populace, are a hazard and a nuisance.
Jeff Coleman
. 1310 46th Ave. N.
St. Petersburg
-P?g.~r I
....~
Page 1 I
Darlina Herring - Re: Firewor~s Supp()rt
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From:
To:
Date:
Subject:
Kenneth Welch
dherring@co.pinellas.fl.us
1/21/039: 15AM
Re: Fireworks Support
DH 0- has this one been printed and placed on my desk?
KT
Commissioner Ken Welch
Pinellas Board of County Commissioners
727-464-3614 phone
727 -464-3022 fax
.Please note: All mail sent to and from Pinellas County Government is subject to the Public Records Law
of Florida.
>>> Darlina Herring 01/10/03 14:21 PM >>>
Commissioner Welch -
Christine Miller of 1235 South San Remo Avenue, CL W (727-461-9116) would like for you and the other
Commissioners to be aware that she is in support of the proposed Fireworks Ordinance. She read an
article in the newspaper a couple of weeks ago.
She has encountered where fireworks have begun as early as June for July 4. She is 55 years old. What
bothers her is that they are extremely loud to the point of shaking her house. She also says they sound
like a gun. She has no heart problems, but felt chest pain because of the loudness of the fireworks and
being frighten.
You have her support.
Darlina
. Darlina Her.ring.~ VVin!i'ton,-& J~~rm~, f.1~t~ce.r-~~~ ~()j:22 ".: ......
.. . .-- . -_. -..-. ..--. .... . .1
.. .. . PClg.e 1 I
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From:
To:
Date:
Caller:
Phone:
Lorraine Madell
bcc; Linda Reed
1/17/039:56AM
Winston & Jeanne Flethcer
581-0122
[0] Telephoned
[] Will call again
[] Wants to see you
[ ] Urgent
[ ] Please call
[ ] Returned your call
[ ] Came to see you
225 Country Club Drive. E-252, Largo, FL 33771
Re: fireworks Wants to support see law enforced.
Darlina Herring - Kevin Jen.s.E!n 72.?-784-~8jQ".
'.'Pa e 11
. ..g - .
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From:
To:
Date:
Caller:
Company:
Phone:
Lorraine Madell
bee; Linda Reed
1/16/03 12:00PM
Kevin Jensen
3210 Buckhorn Dr., Clearwater
727-784-8810
[*] Telephoned
[ ] Will call again
[ ] Wants to see you
[] Urgent
[ ] Please call
[ ] Returned your call
[ ] Came to see you
Re: Fire works. Being a EMT, Public Information Offieer and now works for 51. Pete College. He sees
how important these changes are. Fire works can be very dangerous.
-Oariina'Herrfna - 5avid-.P-acheco 546~2291
...- -..-....-...,---...--
- .--- ~~~m:---
Date:
Caller:
Company:
Phone:
____n tcfrrainef"Maaell ---
bcc; Linda Reed
1/10/03 11: 18AM
David Pacheco
5230 98 Ave., Pinellas Park, FL 33782
546-2291
[*] Telephoned
[ ] Will call again
[] Wants to see you
[ ] Urgent
...---
Page -1 .~
.~-
[ ] Please call
[ ] Returned your call
[ ] Came to see you
Definitely against fire works. They are very dangerous. The adults are worse than the kids.
.
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Dear Mr. Welch,
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From: "Karen H. Romano" <blanche@tampabay.rr.com>
To: Kenneth Welch
Date: Wednesday - January 1, 2003 8:39 AM
Subject: fireworks
~ Mime.822 (3634 bytes) iV."'".! ::.'~._'"1~
Last night on Fox131 saw a story about how you would like to see fireworks go away in Pinellas County. I couldn't ilgree with
you more! Moving to this eree 9 yeers ego from NY, I WIIS shocked when I :lIIW the booths go up during the 4th July end News
Years Holiday. I couldn't understand why a state would allow tor such a dangerous thing. As tar as I am concerned they are
nothing but a nuisance tor everyone except the child or person shooting them off. except ot course it the get hurt. I really hope
this gets voted on and was glad to see that someone was trying to do something about it.
Thank You,
Karen H Romano
51. Petersburg
.
.
.
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From:
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Date:
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~
"Jim Sharp" <sharpie@tampabay.rr.com>
Kenneth Welch
Tuesday - December 31,200210:44 PM
Fireworks
Mime,822 (5345 bytes) !;lr~j ~~!,!.~_LS
Dear Mr. Welch:
My wife and I saw your interview with Fox13 HeINS this evening concerning fireworks. I am typing this message to you while
fireworks are going off in our Dunedin neighborhood. We salute and support you for your stand and it is our fervent hope that
something may be done to silence illegal fireworks.
I
I My wife and I have two dogs, one of which is terrifie-d of fireworks to the point where we have had to sedate him in the past.
Not only that but, especially on Fourth of July, we find ou~elves kept awake until very late by the incessant sound of
detonating fireworks. Both of us work and, more often than not, we have to work on the fifth of July after having endured a
terrible night's sleep.
I do not understand this 'Ioophole' in the law that allows vendors to sell fireworks to the general public. If the loophole
exists, why can legislation not be enacted to close it? I find the entire concept akin to being able to sell marijuana if the
buyer signs an affidavit stating that he or she will be using it for agricultural purposes (perhaps feeding it to cattle). It is
completely ludicrous.
.
Again, thank you for your efforts. Our best wishes to you for the coming New Yearl
Best regards,
James ft Cathleen Sharp
430 Richmond St.
Dunedin, FL 34698
Phone: n7-734-2139
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1<- .")....
From: "Snowshoe" <snowsnu@gte,neto
To: Kenneth Welch
CC: Robert Stewart. Stephen Spratt. Karen Seel. John Morronl. Susan Latvala. Calvin Hams
Date: Tuesday. December 31, 2002 717 PM
Subject: Fireworks
<fl Mime,822 (1179S bytes) ,.,',::,.,'"
To: Commissioner K. T. Welch
Copy to Commissioners:
Harris, Latvala, Morroni, Seel, Stewart, Todd and Co. Administrator Spratt
Good Morning Commissioner;
Saw you on the TV and the news coverage of the no-fireworks.
Saw the "customer" who was a buyer of them... He's one of the one's who gives our state the
nickname FloriDUH!
Personally, I can't see spending money just to burn, especially when it's money that could go to
buy food or pay bills, but these fireworks morons don't get that.
They are morons as they set them off in close quarter neighborhoods and not out in an open field
or at the beach. Furthermore, they can haul it all out, but never try to see where things come down
and go pick them up.
Sparklers are ok, but anything that goes up, must come down, and it isn't going to be coming
down on the top of my RV with the rubber roof.
People who buy these fireworks and then subsequently burn something down, think that offering
''I'm sorry" will fix it. No Dice! Total replacement will be enacted.
Why should MY insurance cover the destruction of my RV or home and raise my insurance
premium and the idiot who fired the fireworks walks off with ... Duh, I'm sooorrrryyy!
I want a total 100% law/ban against fireworks. No sellinR No buyinR. No usin&,.
No more of these phony waivers that the fireworks are going to be used to scare away birds... You
and I both know it's a legal loophole. Who scares away birds at 10 at night on the 4th of July or New
Years Eve and no other night of the year ??? That's a no brainer to see throughlll
As I wrote you before, these fireworks sellers will whine and cry that you are taking away their
livelihood.. and Ken, if you believe them, I have a bridge for you.
.
.
.
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From: <Piercestpetefl@aol.com>
To: Kenneth Welch, PCGMaiI.G\IVIA."dhdekay@stpete.org", PCGMaiI.G\IVIA."ceharmon@stpete.org"
Date: Monday - December 30, 2002 6:18 PM
Subject: fireworks
t? Mime.822 (1866 bytes) [Vlewl (Sav~AsJ
Dear Commissioner Welch (Ken):
Hope you and your families holiday's were happy. Looking for 2003 to be a
great year!!
I am looking for your help with the upcoming New Year's Eve celebrations. As
you know, the St Petersburg Police Department has not enforced the firework
laws ofthis state and appear to hold the same philosophy for New Year's Eve.
After being assaulted by bottle rockets from by my neighbor's this past July
4th and the police department not doing anything, I am concerned that the
same thing is set to happen again tomorrow night. I am asking for your help
with a phone call to Mayor Baker and/or Police Chief Chuck Harmon. We need
the firework laws to be enforced anytime someone is physically threatened.
I will not tolerate the same inaction that I received July 4th. I will be
making a phone call(s) to the police department if any attempt is made by my
neighbors to use bottle rockets tomorrow night.
I appreciate your help in this matter.
Thanks, gp
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Barbara Banks
Barbara Hastings, Brenda Kennedy, Cynthia Meinck, Darlina Herring, Karen Osborn, Kimberly
Wiliams, Lorraine Madell, Stacy O'Donnell
Friday - November 1, 2002 3:02 PM
John & Sharon Carlisle of Dunedin
734-9140
Wanted all Commissioners to know that he and his wife are very hopeful that the County will be able to pass a more
restrictive fireworks ord. He said he called a couple of other offices, but wanted me to reiterate.
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Lorraine Madell
Barbara Banks, Barbara Hastings, Brenda Kennedy, Cynthia Meinck, Darlina Herring, Karen Osborn,
Kimberly VVilliams, Stacy O'Donnell
Friday - November 1, 2002 10:03 AM
Marlyn Weaver
939-2344
Read article in yesterday newspaper. Wanted to let all the commissioners know that she is in favor of the fire works
law and would like to see it enforced. Everyone in her family and friends feel the same way.
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Darlina Herring
Kenneth Welch
Thursday - October 31, 2002 2:13 PM
Mr. & Mrs. George Dann & Daughter Laura
Constituents
727-584-5443
The Dann Family wanted you to know that they read the article in the SP Times re: the crackdown on fireworks.
They live in the Harbor Bluffs area of Largo. Fireworks are still going on several months after the 4th of July. They
are in total support of this endeavor.
Address: 425 Bamboo Lane, Harbor Bluffs (Largo), FL
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<ABLeisner@cs.com>
Kenneth Welch
Tuesday - October 29,20028:31 PM
An observation
Mime.822 (2753 bytes) [Yiow] lS'L~q,AsJ
Ken, once again it was a pleasure to watch your leadership emerge. I wasn't at the Bee meeting for
any particular purpose, including the Tarpon Springs issue. Just watching my tax dollars at work.
However, glad to see you are pushing for a strong set of regulations for fireworks that includes the tent
sales where everyone breaks the law openly. State law permits everything but nuclear devices and the
county can do better. But, as you discovered and I already knew, county has no rules really. Glad you
can see over the heads of the county attorney's office and the staff and find a way to solve a decades
old problem. Keep pushing.
Tony Leisner
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<ABLeisn er@c.."S.com>
Kenneth Welch
Monday - August 12,20023:16 PM
Re: Good work
Mime.822 (4330 bytes) [y~~~vJlS::!V.9JsJ
We are in agreement on the fireworks issue. Anyone can buy them by lying on a form and everyone
knows that. The laws are openly disregarded, jus. as drug laws and hundreds of others. Twenty-
thousand gun laws but felons have guns. My frustration was Jewel Cole crafting a law, designed to
silence a cannon and she was using a nuclear bomb that would catch every noise maker in the county.
In many states the fireworks seller requires a business license or agriculture, mining permit. Pinellas
could easily require all sellers of fireworks to provide the business license number and only be allowed
to sell to certain categories of businesses. That is actually the way the law reads but the buyer is
allowed to openly lie and the seller doesn't have to require proof of a legitimate business. Part two is
that only legal purchasers could ignite them. I think that solves 90% of the problems without creating a
blanket law that will certainly be disobeyed and un-enforced.
Right now, the buyer lies, the seller and the police know that and buyers abuse the illegal fireworks. As
in drugs, start with enforcing laws against sellers and fine them if they sell to anyone without a
business license to use the fireworks as the law now decrees. That reduces the sellers, drives up the
cost of their business and reduces the buying public.
Just a thought since my pets get terrified for days around the 4th.
Tony Leisner
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Darlina Hubbard
Kenneth Welch
Wednesday - August 7, 2002 2:19 PM
Ruth Weglarz
797 -3623
1201 Fairwood Avenue, Clearwater, FL 33759
Commend you on your efforts regarding add'essln~ fireworks Should be addressed by county and cIties as welL Continue to
hear fireworks nov. It seems like you arc flghtmg on alone battle Don't seem to have support of other Commissioners
ThiS IS not a practice to call In but felt it was Important to encourage you regarding the Issue
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~
"Jeff Coleman" <jeffcoleman@gulffoundation.com>
Kenneth Welch
Monday - August 5, 2002 4:45 PM
Mime.822 (5459 bytes) rv'I~Y,~ LS:'l\_~~"s.:
Mr. Welch,
Thank you for taking a stand controlling the unauthorized use of fireworks. It is long past time, in my
view, for this issue to be addressed.
You are quite correct in identifying public safety as the primary concern. Potential exists for property
damage from burning debris and people's lives are disrupted by explosions at any time, day or night.
The loophole which allows sale of fireworks to the public is a disgrace and should be closed. Instead of
fraudulently certifying that one is entitled to purchase fireworks I would be in favor of having the
County issue permits or licenses to purchase fireworks if an outright ban cannot be established.
VVhile activation of fireworks is illegal it is sufficiently widespreaa that law enforcement officers can
make only a dent in the practice. It then seems practical to stem the tide at the source of supply rather
than expect to prevent their use once fireworks are in the hands of the public,
I would prefer a ban on the sale and use of fireworks by private individuals in Pinellas County. I will
support any measures which will reduce the use of fireworks.
Please contact me if I may be of any assistance during your pursuit of this matter.
Jeff Coleman
1310 46th Ave. N.
St. Pete 33703
j~1fyollLl1J~Jl @gulfiQlJJJ ~:ta P 9J:L_C.9DJ
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Dr. Booker wanted to congratulate you on your stance regarding I ireworks He is totally SUDPOrtlve of you, He says he has been
saying that lor the last 30 years He will be calling the newspaper and congratulating the editorial writer as well. It was an
excellent article Dr, Booker says he IS Sincere, ThiS IS the first time he had the desire to call a County Commissioner based on
an artIcle In the SP Times
Forward
Darlina Hubbard
Kenneth Welch
Monday - August 5,20024:16 PM
Dr. Matthew Booker (522-4524) - FIREWORKS
Darlina
HIS address IS 3245 49th Avenue North,
~Dve
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Darlina Hubbard
Kenneth Welch
Monday - August 5, 2002 2:44 PM
Carol Powers 784-2408 - FIREVVORKS
rMs Powers wanted to compliment your article re: Firewor~.s She says she ooes not live Ir. your district but In District 4 She
wanted to encoufllge you to continue wIth the light
Her address IS PO B 124, Crystal Beach, FL 34681
II there IS anything she can do to boost your eltorts, please let ner know sne would be ha;:oy to assist Again, she wanted you
to know that she apprecIates what you are dOing even though you don'llive In her district
.__................_......._..._.......u...__......_._...._._...____.................-...._...-......--...........---..................-.................-...................-.........---..........-..................---......................--....................-...........
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Darlina
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Darlina Hubbard
Kenneth Welch
Monday - August 5,20022:40 PM
Catherine Causby (323-5475) - FIREWORKS
Ms Causby wanted to let you know that she read the article today 8/5/02 regarding Fireworl'.s She said to tell you that 'you
are the ONLY ONE to have guts to come forward' and llddress the issue. Everybody complaIns and talks about it, but no one
comes forward, She wIshed more people had the guts to do what you are doing, She says tne fireworks are dangerous.
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Her address is 1410 26th Street North, SP 33713
Darlina
She hopes and pray that others will have the guts to get up and do something,
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Darlina Hubbard
Kenneth Welch
Monday - August 5,2002 12:36 PM
Mary Sullivan (822-7518) - Fireworks
Mrs Sullivan wanted to let YCt,J knCM' that she is 100% behind you and you are right! She '...'anted to let you know ii there is
any:ning she can do to help O'.;t. please let her \\now,
Darline
Her address is 148 19th Aver.',JE SE, SI. Petersburg 33705
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<Matchka3332@aol.com>
Kenneth Welch
Monday - August 5,20027:25 AM
County Restrictions on Fireworks
Mime.822 (8545 bytes) [\/I':".J [S~ :" G.:
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Dear Commissioner Welch,
I've read with great interest about your stand on a firmer ban on the use of fireworks by
individuals. I had a miserable 4th of July weekcnd and vowed thcl'c must bc something done
about this, but I am a single 39 year old female t hat really didn't know where to start or who to
complain to. If you wouldn't mind listening to my experience, I promise to be brief and would
welcome any chance to help ban this blatant, dangerous actlvi ty t hot we facc not only on the 4th
of July but a/so New Year's Eve.
I reside in Largo, an unincorporated area of Ptnellas County. My '11 h of July weekend began a
week an a half earlier when all the firework vendors showed lip Oil evcl'y stl'cet corner. It
seemed every one of my neighbors purchased these things and decided to StOl't the celebration a
little early. My regular MORNING runs with my dogs were peppcl'cd WI t h f lI'eworks believe it or
not which sent my pets into a tailspin. In the evening, our nightly walks had to bc stopped due to
the constant banging and explosions. I decided to take them to one of OUl' many coun1y parks at
night instead but we got no relief there as even more people wel'e setting them off. I was forced
in the evening to turn up my TV's so loud as to drown out the booming and bonging (my one dog is
extremely sensitive and spent the evenings shaking and seeking shelter) It got so bad that my
one dog wouldn't go outside to do her business.
This went on from mid June until mid July when it seemed everyone exhausted their supplies. I
called the sheriff and Largo police constantly and I hated doing this as I know how busy they are
but I tried anything to get some relief. My 4th of July was spent I'unnlng evcry noisy appliance in ,.
my house unable to talk to anyone over my phone as they couldn't hear me. The final straw was
not on the 4th but the 5th of July when one of my neighbors had a party, not only was their
stereo blaring and booming but at 11:00pm they decided to go out with a bang, literally it
sounded like a war zone. When I called the sheriff, the dispatcher said "oh my God, what is going
on over there" I said welcome to my life, please send someone FAST. It went on until 1:30am off
and on, each time a cop showed up they woul~ tone it down then 15 minutes later, more music, ..:J
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"Pat Grove" <pag14@gte.net>
Kenneth Welch
Sunday - August 4, 2002 7:03 PM
Fireworks
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Dear Mr. Welch:
I would like to add my name to the list of citizens concerned about the
nuisance and illegality of privately purchased fireworks.
The recent letters to the editor in the Clearwater Times expressed my
sentiments exactly. In fact I was relieved to learn that others have had
the same experience. I thought perhaps I was being an unpatriotic grouse
because I was bothered by the incessant and disturbing noises for days
before and after the 4th of July holiday (as well as the aggravation of
having to clean up the post-celebration debris in my yard: cardboard tubes
and discs, plastic cones, metal pieces, and orange powder all over the
driveway). \M1ile some may consider me selfish for wanting my peace and
quiet, I think those who buy and use fireworks are even more so: what they
do is invasive because it is not confined to the privacy of their homes.
I enthusiastically support any and all efforts you can devote to bringing
some control to this situation. If an outright ban is not feasible (at
least in the short term), then perhaps at least you can lobby for
restricting the use of personal fireworks to the pertinent holiday, as well
as restrict the hours (e.g. 7PM-10PM). r realize that enforcing this will
put a burden on our county police and sheriffs departments, but hopefully
there are some good people out there who would acknowledge the restrictions
and cooperate without coercion.
Thank you,
Patricia A. Grove
1456 Fairfield Drive
Clearwater, FL 33764
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<GE1143@aol.com>
Kenneth Welch
Wednesday - July 31, 2002 9:11 AM
fireworks
Mime.822 (3174 bytes) rvu;\'!'Jill..:!~
Dear Mr Welch,
I read the article about fireworks in the St. Pete Times with great interest. I live
in the L1eaman area of unincorporated Pinellas County and share your views
about the selling of fireworks. As a concerned citizen I would like to know what
it takes to get items like bottle rockets out of the fireworks booth. I would prefer
no fireworks at all, but the missile works are the ones that bother me the most.
lM'lat, if anything, can the average citizen do to rectify this matter? I was
wondering if the fireworks stalls could be made to sell to licensed contractors
to stop them from getting private citizens to sign waivers?
Even though i don't live in your district, I would certainly be behind getting rid
of this nuisance.
Thanks for listening,
Gayla Essig
. GE1143@aol.com
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From: ''William Moore" <south1371 @msn.com>
To: Cynthia Meinck
Date: Tuesday - July 30, 2002 1:47PM
Subject: STOP ILLEGAL FIRE WAORKS
#' Mime.822 (2015 bytes) [Vlew1 t~.;!.YQ.,~~
PLEASE PUT AN END TO THE SALE AND USE OF ILLEGAL FIREWORKS. DID YOU KNOW
SHERIFF RICE ADVISED HIS DEPU1YS TO IGNORE FIREWORKS USE? i THOUGHT HE
WAS IN OFFICE TO ENFORCE THE LAWS. WM MOORE CLEARWATER
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Darlina Hubbard
Barbara Banks, Barbara Hastings, Brenda Kennedy, Cynthia Meinck, PCGMail.Clw2.dhubbard, Karen
Osborn, Kenneth Welch, Kimberly Williams, Lorraine Madell, Stacy O'Donnell
Tuesday - July 30, 2002 11 :08 AM
Alyce Devlin (797-5571) - FIREVVORKS
Mrs Devlin is In support re: lireworks Issue, She lives 011 01 Granger Drive which IS oIl 01 Belcher In Clearwater, She leels that
thIs is a definitely a safety hazard, Problems with these skyrockets.
.._-------_.~..........--...-,...--~-_.-....--_....~.._-_..._.....-..__.....-....-.-.....--.-.__._.....~.......__._--_._..-..._.......---.-........-.-...:-...._..__......--......--.-..................-..
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Darlina Hubbard
Barbara Banks. Barbara Hastings, Brenda Kennedy, Cynthia Meinck, PCGMail.Clw2.dhubbard, Karen
Osborn, Kenneth Welch, Kimberly Wiliams, Lorraine Madel!, Stacy O'Donnell
Date: Tuesday - July 30, 2002 11 :06 AM
Subject: Margaret Vanderveer (393-9901) - FIREWORKS
From:
To:
Mrs, Vanderveer says she IS not 100% behind you, but 200% behind you rc: this lireworks issue, Sne IS 72 years old and lives
lOa cui de sac She lives In the Seminole area, Fireworks IS out 01 control and a maJor problem.
._.w______~........_._...__-..______._........_...__.____......__......~.____~___........~__.._....H__.........................'_..... __......h.....__...._..~.___.....__.......n....._..___-.._......__ .....
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"Renee Perkie" <rperkie@paradyne.com>
Kenneth Welch
Monday - July 29, 2002 4:33 PM
Fireworks
rperkie.vcf (289 bytes) :,I(,-,::'-;,.f t<
MirTIe.822 (3348 bytes) "...:~ J "- :<
Ken.
I am elated that someone ( especially in government) other than myself
and my neighbors has realized their is a large problem with fireworks in
Pinellas County. You have my total support!
I am a Clearwater homeowner that is totally frustrated with the illegal
use of fireworks. I n June, I wrote a letter to the Clearwater Mayor and
Commissioners aSking them to ban fireworks for July 4th due to the
hazard. The response was" We want to make Clearwater a safe and fun
place for all". Well, it's not safe when these explosives are in the
hands of kids and alcohol drinking adults. Nor is it fun tor me, when I
have to listen to the noise for days before and after the holiday well
after 11 pm.
The problem I experienced is Pinellas County allows the devices to be
sold. Do not allow the circus tents!! As Secretary of the Tropic Hills
Homeowners Association, I called the Clearwater Police Department and
request patrol in our neighborhood on July 4th. The response was if
they had available units. There was no evidence of their patrol on the
evening of July 4th, so several neighbors 0ncluding myself) called the
PD and complained about the illegal fireworks. They would not commit to
answering the call. Then, the following morning the neighborhood was
littered with the evidence. There should be a fine for the illegal
fireworks and the litter. I had trash from flying fireworks in my yard.
If my dog or I were in the yard, we could of gotten hurt. If the
fireworks were not available at every shopping center, law enforcement
would not be overloaded.
I hope you are the catalyst to resolve this issue. A quiet and safe New
Years Eve would be appreciated.
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<Bayshoret@aol.com>
Kenneth Welch
Friday - July 26, 2002 10:51 AM
Residential Fireworks
Mime.822 (2639 bytes) ~IQY-1 ~:l~ .0,5)
Sir.
I AGREE with you 1000,.(,. The noise nuisance created by home fireworks has become intolerable. I
realize that our law enforcement personnel have more important things to do than chase after
imbeciles whose greatest thrill is deafening themselves and their neighbors, so why do we allow them
to be sold in the first place?...Certainly an effective means to identify those few persons legally
allowed to buy them would be simple enough to implement. I wish you success In efforts to curb their
future use...1 am a registered, frequent voter!
.._.______...~_~n......... ...... ....__'_ ....~. ................. ....... "" H...... _, . ............ ...... _ ........ ..._ ... _........... ~....... .u.nu.._............' ... ...... ....._ ....... ..___.......". - '__.' _....._.. ......... __ d' .__ _._.......... .._....~.... -.... ...h.......
Michael D. Collins
Clearwater, Florida
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Rene Gnam <Rene@ReneGnam.com>
Kenneth Welch
Friday - July 26, 2002 6:38 AM
Fireworks on Several Holidays
Mime.822 (3777 bytes) r\f!!)~'.l t$;l_\~!)t:sl
We applaud your efforts to restrict fireworks to legal use.
In our area of Pinellas, drunken idiots fire them off incessantly on Memorial Day,
Independence Day, Labor Day, and New Year weekends.. .and then continue firing
whatever they have left on the next few days after the holiday.
They have no respect for other people's property either, as they fire their rockets
so they land on property they do not own. Each holiday, we pick up dozens of spent
rockets in our yard.
Fireworks are fine.. .at professionally-run events. They should be restricted to such
use.
Thank you for your efforts.
Rene, 7/26/2, 6:38 am
Rene and EveMarie Gnam
fax: 727-934-0416 voice: 727-938-1555
1 Response Road, Tarpon Springs, FL 34688-8500
www.ReneGnarn.com
E-mail: Rene@ReneGnam.com
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From: <MKEKRA Y@aol.com>
To: Kenneth Welch
Date: Thursday - July 25, 2002 7:57 PM
Subject: Fireworks
~ Mime.822 (1928 bytes) [VIew] [Save.,...s]
Dear Commissioner Welch,
Hooray and hallelujah! I was thrilled to read in the St. Petersburg Times of
your efforts to enforce the laws against fireworks. New Year's Eve and July
4th have become a nightmare in our neighborhood. We have a damaged area of
our driveway where a Kbomb" dropped. Luckily it didn't drop on my car! We
clean up the litter for months afterwards. On New Year's Eve, the smell of
smoke and sulfur was so thick in the air we had to shut the house up to
sleep. As you stated, this starts days in advance and goes on and on. Its
the noise, the damage, the nerve wracking annoyance of it all. Its horrible
to dread these holidays because of the disturbance. Largo Police Chief
Aradi has told us they will do nothing. It has really advanced to the point
that something has to be done. I applaud your e~forts and would gladly help
work toward the goal of peaceful holidays!
Mary Kay Estep
1330 Wndsor Drive (City of Largo)
Clearwater, FL 33756
(727)581 ~5457
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"Charles Settgast" <chasset.one@gte.net>
PCGMail. GWlA. "sbradbury@pinellas-park.com". PCGMail.G W1A. "JG REE N@pinellas-park.com".
PCG Mail. GWlA."KRiley@pinellas-park.com". PCGMail.G W1A. "pbailey@pinellas-park.com",
PCGMaiI.GWlA."rbutler@pinellas-park.com". PCGMail.GWlA. "ETA YLOR@pinellas-park.com",
PCG Mail. GWlA."bmischler@pinellas-park.com", PCGMail. G W1A. "JM UDD@pinellas-park.com"
Kevin Welch
Thursday - July 25, 2002 2:16 PM
Fireworks
Commissioner lambastes fireworks.doc (28160 bytes) IVI~\": :S3Yt :',sJ
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Dear Officials:
Attached please find a copy of a TIMES article with County Commissioner Welch's position on
fireworks.
The situation is even worse than reported in the TIMES article of today.
In addition to July 4th, in Pinellas Park we are subjected to bombardments on New Years and
Memorial Day.
The fireworks are extremely dangerous; importation from another jurisdiction would not lead to
more dangerous devices.
On July 5th, my property was littered with expended rockets from blocks away and one actually
burned into my roof shingles.
The expense of extra police needed to handle the flood of calls from concerned citizens is a cost
borne by the whole community and has little effect since the number of calls overwhelms our
department.
The situation is no longer a display of patriotism on one holiday, but has deteriorated into
community-wide vandalism with threats to the safety of persons and property several times a year.
Each governmental agency has the responsibility to protect law-abiding citizens. The refrain that,
"Nothing can be done" because of difficulty of enforcement, strength of lobbyists, or state-level
issues is unacceptable.
Each journey starts with a single step.
Let's take another step.
Ban the sale of fireworks in Pinellas Park and Pinellas County and let's cut out the sanctioned
perjury accorded buyers.
Charles Settgast
Pinellas Park
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Darlina Hubbard
Kenneth Welch
Thursday - July 25, 2002 12:27 PM
Rebecca & Don Fizell (Fireworks Article)
522-6131 (hm) or 453-7841 (wk)
Mr. Flzellls an employee of the county and works at the SP CLW Airport. He has had issues re: fireworks, He has had
problems With fireworks He and a neighbor would like to disclose his story with police report documentation in order to
validate your claims
He also wanted to say .thank you' for taking up this issue There have been attempts to the Governor but to no avail.
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Darlina Hubbard
Kenneth Welch
Thursday - July 25, 2002 12:24 PM
Dana Mossman (Fireworks Article)
727-669-7739
Mr. Mossman lives In Salety Harbor, Read article today 7/25/2002 GO AHEAD AND DO IT!
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"Howard Feldman" <howf@gte.net>
Kenneth Welch
Thursday - July 25, 2002 11 :45 AM
Fireworks
Mime.822 (3009 bytes) [V,,:w] IS3"'c A:;;
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Ken:
Good for you! Thanks for raising the fireworks issue. You are 100%
correct when you indicate that something needs to be done about the
firecrackers and fireworks epidemic. I've been trying for several years to
get someone's attention on this issue. A year and a half ago I wrote to my
Commissioner (John Morroni) and received a reponse forwarding an answer from
the County Administrator which reviewed the usual problems of enforcement
about which you have heard much.
There are three problems caused by the illegal use of these devices:
1. Noise
2. Safety hazards
3. Littering
My own personal experiences with neighbors who thought fireworks were
real cool and shot them off for months across my yard and roof have welf
illustrated the three problems.
Sheriff Rice needs to be "convinced" that he must start enforcing the
law, at least during June and July, and, along with his deputies, county
officials must start policing every aspect of the siteing, operation and
mangement of the dealers who set up tents all over our county. I believe
that Rice must develop a special unit each summer to handle fireworks
matters.
Additionally, the media must be shamed into putting a stop to their
glorification of this illegal activity and convinced that their message
should be that the use of fireworks is illegal in Florida.
Obviously, you, I and others must communicate with our legislators in
the capital and make it very plain that we want the loophole closed and the
sale of fireworks banned in our state.
Please don't drop this issue, and please make it known to the local
representatives and senators that banning the sale of fireworks in Florida
needs to get on their agenda, lobbyists be damned.
Howard Feldman
.
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From: "VVilliam Moore" <south1371@msn.com>
To: Kenneth Welch
Date: Thursday - July 25, 2002 11 :29 AM
Subject: THANK YOU COMMISSIONER WELCH
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THANK YOU COMMISSIONER WELCH FOR ADDRESSING THE FIREWORKS PROBLEM IN
PINELLAS COUNTY. YOU ARE THE FIRST PERSON WITH THE FORTITUDE TO TAKE THIS
ON. I WISH FIREWORK SALES WOULD BE BANNED, I DON'T UNDERSTAND HOW AN
ILLEGAL ITEM CAN BE SOLD.. FIREWORKS ARE STILL BEING SET OFF IN MY
NEIGHBORHOOD. I ALSO DON'T UNDERSTAND WHY OUR SHERIFF INSTRUCTED THE
DEPUTIES TO IGNORE FIREWORKS USE. THANK YOU. KEEP UP THE GREAT WORK YOU
ARE DOING. WILLIAM MOORE
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From: <DANFAVERO@aol.com>
To: Kenneth Welch
Date: Thursday - July 25, 2002 11 :04 AM
Subject: Fireworks
~ Mime.822 (2092 bytes) [Vicw] ISavc A:;j
Mr. Welch,
Today I read the article "County Official Decries Fireworks" in the St Pete
Times. Thank you very much for having the guts to stand up. This year J could
stand at my front or back door and see fireworks shows one block over in
either direction. I watched as red hot pieces descended into my back yard. A
few days later while cleaning out the rain gutters, I found pieces of various
fireworks on my roof. If my house had burnt down or I suffered an injury
would the county pay my expenses since they let someone buy illegal
fireworks? That's about as much fantasy as the quote of the fireworks store
manager in this article.
I still can't understand how it is more patriotic to blow off fireworks than
it is to obey a law. \Mty is it difficult to enforce this law and how will
enforcing the law (by tightening county rules) run afoul of state law as
claimed in this article? How can a license be issued for a business to set up
a tent on US 195 in southern Pinel/as County? Maybe I have an eyesight
problem, but I don't see too many mines, farms, or fish hatcheries in this
area. Please follow this through until this law becomes more than a joke.
Thank you.
Daniel Favero
4760 56th Ave N
St Petersburg,FI 33714
727 -525-9990
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Darlina Hubbard
Kenneth Welch
Thursday - July 25, 2002 10:10 AM
David Campbell
Private Citizen
727-725-1276
Mr, Campbell read your article thIs morning (7/25/2002) re: fireworks, He is In support of your endeavor. However. he leels
your approach IS wrong, He feels the problem IS the 'blatant open sellmg o! f ircworks' He says the sales peoplc are iree to scll
because they state they are buying them for 'agricultural use' The sales people are gettmg off the hook
He feels the core of the problem is sales If sales can be STOP from selling illegal fireworks and they are not available that will
have a domino alfect on the use of illegal fireworks. The tents are gcttmg Digger and bigger every year and blatantly sell illegal
fireworks Enforcement of this area he believes will be vcry effective
He doesn't know how to do it He is willing to volunteer and making hiS services available to you if he can assist in anyway,
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Darlina Hubbard
Barbara Banks, Barbara Hastings, Brenda Kennedy, Cynthia Meinck, PCGMail.Clw2.dhubbard, Karen
Osborn, Kenneth Welch, Kimberly Williams, Lorraine Madell, Stacy O'Donnell, PCGMAIL:
[yahoo .com] :msquickwit
Thursday - July 25, 2002 9:54 AM
Anonymous Caller
Re: article, ReSident ct. City d. Largo Called Largo PD and they ref used to respond to concerns re: fireworks Had names and
addresses of people shooting oft fireworks but oecause you wantea to be anonymous they refused to flu re, the complamt The
residents are afraid of the kids d retaliation
Caller IS a Law enlorcement officer lor the local municipality ana tney are reqUIred to do I/u from constituents calls re: I irework
nuisance Does not want name In newspaper lor lear of retaliation
~...._----~..-......_......----_..._---_....._--.........._..--.-_......_.._......----.-.-.....-....-..--...-...........................-.-...................----..........................
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~ovell.
Pro;')ertics
Mr. Ken Welch,
,.... __....._.._ .~......................._..............._. ....."u......_..._.......h..........._._......~_.._. .....u_....'-.-.. ._,._... ... .'.......n...._.. ......h.. u.___._n_....._n..... .... _'_"__-'n_ ..........._~..... _no ..... .......,.... .
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From:
To:
Date:
Subject:
~
"dmax" <dmax@tampabay.rr.com>
Kenneth Welch
Thursday - July 25, 20027:38 AM
fireworks
Mime.822 (4339 bytes) [V!O\vJ [S<l_',:L'~cSJ
Thank you for speaking out about fireworks.
Judging by the use in my neighborhood. I thought I was the only person that was bothered by this.
Last year, after a "quite" walk in the park, I returned to find my neighbors launching bottle rockets
from
my fence in the rear yard. Now I feel I have to stay home on the 4th. to protect my house.
It also bothers me that we're sending the wrong message to our children when we say it's OK to
buy them as long as you lie (supposedly in writing) about their intended use.
VVhat does Tom Hromyak mean that if fireworks were banned then people would bring in more
dangerous explosives? Is he talking dynamite?
Dwight Huff
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From: jack harris <muckit@juno.com>
To: publicaf
Date: Thursday - July 25, 2002 5:52 AM
Subject: Illegal fireworks
~ Mime.822 (1393 bytes) [Vie....,] !Sa,~e. As]
I completely support Ken Welch in his efforts to rid the county of
illegal fireworks. I am getting tired of hearing fireworks almost weekly
in my neighborhood because you folks turn away from your legal
responsibilities.
Howard Farris
GET INTERNET ACCESS FROM JUNO!
Juno offers FREE or PREMIUM Internet access for lessl
Join Juno today! For your FREE software, visit:
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Novell.
Prooer~ies
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Reply :.11
F::wward
From:
To:
CC:
Date:
Subject:
Dwaine Booth
Kenneth Welch
Gay Lancaster, Chuck Kearns, Michael Cooksey, Stephen Spratt
Tuesday - July 16, 2002 10:43 AM
Re: Fireworks related calls to Law Enforcement Agencies
Commissioner Welch:
Per your prevIous email request. I was able to get the iollowlng data related to the number of Fireworks calls received by
Clearwater and St. Petersburg Police Departments and the Plnelias County SherlH Office dUring the July 4th Holiday,
Clearwater Police
243 complaint calls
July 3 thru July 7
2, St Petersourg PolIce
July 3 thru July 7
250 complaint calls
3, Plnellas Sheriff
July 4th only (estimate)
250 complaint calls
Note. The Sheriff received additional calls before and after the 4th
Please advise If I can provide any additional information
Sincerely, Dwaine Booth
dbooth(f.i!co ginellas,fl us
22047ph
>>> Kenneth Welch 7/12/021:29:35 PM >>>
Thanks for follOWing up so qUIckly Dwaine, I'll keep an eye out for the data,
KT
Commissioner Ken Welch
Pinellas Board of County Commissioners
727.464-3614 phone
727.464.3022 fax
.Please note: All mail sent to and from Pinellas County Government is subject to the Public Records Law of Florida,
>>> Dwaine Booth 07/12/0210:34 AM >>>
Commissioner Welch:
I talked with the 5t Petersburg Police CommunicatIons and the Officer in charge will provide a count of the calls received
related to fireworks, I am waiting for the Clearwater Communications Center Data Manager to call back concerning the
data, The Sheriff communications center will try to provide an estimate on the number of fireworks related calls they
received,
,?.JE!~!:!~.Iy.t J?~.?i f.I.e. .!?c>.9.!!:!. .n.._ .."",. "'_ ,_ ........ _" ...
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~Ie.t
From:
To:
Brenda Kennedy
John Morroni, Barbara Sheen-Todd, Calvin Harris, Susan Latvala, Karen Seel, Kenneth Welch, Robert
Stewart
PCGMail.Clw2.dhubbard, Cynthia Meinck, Kimberly Wiliams, Barbara Banks, Karen Osborn, Stacy
O'Donnell
Friday - July 5, 2002 3:51 PM
Fireworks-citizen contact
cc:
Date:
Subject:
Sharon Novotne O'Keefe
1497 Caird Way
Palm Harbor, Florida 34683
772-0273
Ms. O'Keefe is very distressed that there seems to be nothing Pine lias County can do to control the use of
fireworks. She spent a very long night in her home last night unable to work or sleep due to a neighbor's "display"
and she had to medicate her dog. This morning she had to pick up the debris form all over her yard yet feels
fortunate that nothing serious happened to her home. She did call the Sheriff's Dept but it did not stop - and one of
the members of that household said that the Deputy told them there were loopholes in the law anyway. She would
like to see the County pursue the control of the this activity in residential areas for the peace and safety of all
county residents
https:llwebaccess.co.pinellas. fl. us/servlet/webacc?action=ltem.Read&User.context=... 118/2003
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From:
To:
Date:
Caller:
Company:
Lorraine Madell
bee
1/22/03 2:41 PM
Cynthia Baily
412167 AVe. N" Pinellas Park, FL 33781
[-) Telephoned
[ ) Will call again
[ ) Wants to see you
[ ) Urgent
[ ] Please call
[ ) Returned your call
[ ] Came to see you
Wanted to voice her opnion on fireworks. Would like to see that the existing law have a little more teeth in
it and should make it more enforceable.
.
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ushed it back to 11 p.m. :*:
TIle new nile also inc1udl'~ tin~works. exce t
or governmenl-arsplay-s anCl a I 'l't'-( a\" ....]Ll ow
aUl1,lY);9!lrth and ~ew Yt...ar's 1_av,
--1\cpeat Of tenders can be lined up to :3500,
Hanis said he was plea:;ed with the CO III pro-
. .....----:--------
m.!~ ;:::>
"My coi1rern was this was going to be an
antjvouth ordinilncl'." hl' said, "But this \..illl,lkl'
can~ of it."
Also Tuesday. commissioners passed a res(}-
lution asking the U.S. EI1\"ironmental Protection
Agency to change how its proposed plan limiting
dock pemlits to protect manatees would affect
Pinellas County.
'TIle EPA has proposed limiling dock permits
from Pasco County to the sOllthern tip of Florida
Please see NOISE Page 6
.:,.
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Commissioner
Calvin Harris
worried that the
new rules
would be too
strict but was
happy with the
compromise.
:NION
lETTERS
.
Firing of club editor a petty issue
Re: Editors column n~tJles club life, story. Dec. 24.
Oh. for pete's sake. The editor of Dunedin Divot,
the Dunedin Country Club newsletter, claims his dis-
missal for something he \\Tote is an infringement of
his First Amendment right to free speech. Talk about
making a federal case out of something. Give us a
break.
~Vell. it's not a federal case. A.s 1 see it. it'5 a very
local. semiprivate huffing and puffing of the stuffy.
TI1e Dunedin Divot is a members-only newslener.
When the editor. in his column, challenged the new
treasurer to analyze and question 'whether certain
specific revenue streams were profitable, he was of-
fering benign criticism. The Divot then became a
news and opinion letter.
~lore than that, since the club rules state that
newsletter information should be only what is
deemed appropriate by club officers. the editor. like it
or not, should have checked. That being ~d, firing
the editor for his lapse in judgmentis like giving .
someone the death penalty for jaywalking. Please.
Something tells me there is more to this contretemps
than meetsthe eye. I read palace intrigue between
the lines. I would bet the editor has stepped on a few
toes that were in very expensive shoes.
With all the serious issues facing us these days,
especially the prospect of war, this petty issue of no
real consequence is not worthy of our time and atten-
lion. 1t is a simple \.jolatinn of a semiprivate club nile.
the punishment for which should be challenged. II is
not a violation of the First Amendment. Good grief. It
is the type of subject that should be discussed at
member meetings in their semiprivate. but nonethe-
less prestigious, country club. After all, isn't that, if
you11 forgive me,where the elite meet to bleat?
Jack Bray. Dunedin
Focus caption on fatal accident, not SUV
Re: Fatal accident, photo caption. Dec. 24.
ll1is got my goat. As a former SUV owner. 1 can
attest that they do not kill people. unless conceived
by Steven King. I do not intend to defend SUVs;
however, I do not appreciate your slant on their
appeal. The bottom line is that an accidental tragedy
occurred, affecting many people this holiday season
and should be reflected upon as sllch, not as a
tarnished comment on SL:Vs.
Ken Obuch. T"",,," ~n,;..,..
Your voice counts
We invite r~d~t:q.'l'1itek~~ for ~!lbli-
cation. Address them to Letters to the Edi-
tor, the TImes, 710 CourtSt., Qearwatcr,
FL 33756. Oryou rriayfu them.to (727)
445-4119. or e-mail to
np]etters@sptimes.co~.. E-mail letters must
be text onlv and cannot include attachments.
Letters should be brief and must include
the writer's name, City of residence, mailing
a!idress and phone number. Addresses and
phone numbers will not be published.
Letters may be edited for clarity, taste and
length. We regret . etters can be
printed. '
residents fed up with bikes, noise
" 'geezerS,liSterHill'if~~:'I;-as~'
of zona, am not entertained by your illegal straigh.
p' s roaring from bar to bar down Orange StrppL
Do the letters DUImean ai1r!!ting!o~u~~ will
avelawwestofAlt U.S. 19. ~ ~'e. -
People in this community are beginning to take
action against nuisance and dangerous illegal
vehicles..--,? ..L. CY~G ~, .s T
The owners on Ridge and Lagooriroads .Ge
shO\\;ng the way by fincling out how to enforce safer
conditions on their streets. You BGs arc old enough
to know the hazards you create. '
N at so the juveniles iri this same village 'who are
provided dirt bikes and motorized scooters by
'ndulgent parents who then allow them to play
legally in the street.
And for those of us who can still hear. did I
n ntion the noise factor?
My husband and I l>ersonally witnessed
chil en almost killed at an intersection w
were alking after dark.
We ( ed one boy ifhe knew it w legal to ride
his bike 0 e street. He said. ' cop says it's okay
~ng as nOD. plains" .
r parents who p at uy these vehicles for
. r youngsters. save your money and their lives.
Soon enough they will be racing and dodging cars
on Bi~19.111l~n we will s\'mpathize with you.
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KENNETH T. WELCH \
COt\\MISSIONEP. \
John L. Estep
] 330 'Yindsor Drive
Clear'water, FL 33756-1335
(727) 581-5457
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Citvof LarQo, Florida
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Post OF.:ce Box 296, lxgc, Florida .33779-0296
.
Pelice Department
Lester Araci, Chief
20i Higniand Ave.. Bldg. #2. Largo. FL 33770
(727) 587-6717
FAX: (727) 587-6767
August 1, 2002
Pilr. John L. Estep
1330 Windsor Drive
Clear-vater, FL 33756
Dear lv1r. Estep:
I couldn't concur more with your opinion regarding the need for stricter fireworks enforcement.
The proliferation and distribution of firewo!ks in Ll-Us state need to be seriously addressed. What
you believe is a casual attitude towards the enforcement of fireworks on my part is simply not .
the case.
The reality of the situation is that on the FourH, of July a patrol shift consisting of twenty or
more officers (this includes extra officers assigned) cannot handle the volumes onslaught of
fireworks on the part of 10,000 or more residents throughout the city and still provide
emergency response to the community'.
Trust me, \.ve do the best we can tmder these circ'Jmstances considering that anyone who wants
to purchase fireworks in this state can do so at will.
Sincerely,
LA/carn
AN INTERNATIONAllY ACCREDITED LA.W ENFORCEMENT AGENCY
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Pos:: Cfi:c~ &x 296, Largo, Flcr.c3. 33779-0ZS:C
Office :' ::-~ ....layer anc : Cr.'II.lISSiC,-
Interne: Si:~: www.largc ::::m
(72i') 58i .6iC2
FAX: (72i') 58i -B79i'
AugL:Sl 12, 2002
Mary Kay Este;:
1330 Windsor Drive
Clea.~..:ater, Florida 3375E
R E: Firewor.-<s
Dear Ms. Estep:
Thank you for contacting the Largo City Commission regarding the use cf fireworks ,in our City.
The Florida Legislature has addressed the sale and use of fireworks siatewide. Chapter 791, Florida
Statutes, prohibi1S the sale and use of fireworks; however, there is an exception in the law. Fireworks
may be sold anc used to frighten birds irom agricultural areas and fish hatcheries. As such, fireworks
are sold by Florida'state registered fireworks dealers with the intent thai these fireworks are to be used
to frighten birds. Therefore, fireworks, as defined by Flori,?a law, are illegal if not used to frighten birds.
The City of Largo Police Department is charged with enforcing this Florida law and has done so to the
extent that the use of illegal fireWorks has been reported to them.
If you have any other questions, feel free to contact my office. Again, thank you for your concem.
Sincerely,
(2JJ4~~
Robell E. Jackson, Ph.D.
Mayor
cc: Largo City Commission
Steven E. Stanton, City Manager
Lester Aradi, Largo Police Chief
Ihorne/sfricklpdlfire'o\Iorks 1. wp
John L. Estep
1330\'!indsor Drive
Cle3f'\yater, FL 33756-1335
(727) 581-5457
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City of Largo, Florida
?ost CF.:c~ E{JX z~c. :..a;15o, Fiorica 3Ji79-029c
Office :1 the ,....,aycr ar,c CCr.lmISSlcn
lnter~et S;:e: \Vww,largc,ccm
C"27) 587.6702
F~X: {727; 557.6797
September 10. 2002
Mr. John L. Estep
1330 Windsor Drive
LargO~FL 3 756
0. .
Dear . ...:step:
Thank you tor your letter of September 1 regarding fireworks.
The issue of regulating fireworks goes beyond the boundaries of a single municipality. Enforcement must
be handled on a county-wide or state-wide basis. Until the majority of citizens accept the fact that fireworks
are illegal, it is virtually impossible tor the police to enforce this law.
I do share your concern about the safety of fireworks; however, as stated before, it is difficult to enforce laws
t.hat do not have the support of the people.
Thank you, again, for sharing your concerns. As Chief Aradi states in .his letter, "we do the best we can
under these circumstances..."
Sincerely,
/2JL~~
Robert E. JacKson, Ph.D.
Mayor
REJ/sf
c: City Commission
City Manager Steven S. Stanton
Police Chief Lester Aradi
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~ ) 10200 122nd Ave, Apt. 251
~ Largo, FL 33773-2003
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1\68 1.~ac.L~on .:5trc':t," Largq':-l 33770 .;'ug 9 O~
.).;::ar ;,.r. .!,,:lcl1: Thank yO\; anc bra'Jado for proposing
to outla-.l the already illagal fir .=works. They begin
2 weeks ~efOE t.h..s: fourtl1 and last two weeks after in my
neig.h~r~ood; just the other day I saw two guys throwing
c.h~ry bombs at a little dog; please let me know what I can
do to pu~ a stop to fireworks in private hands. How al::out
a three cay waiting period for those who sign up for them
just like gun posS2ssion,?
You jave a lot of sUPFcrt from those of us against
private....._Jire\...orks. Let the cities and counties display
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THE TRE..,\SURER OF TEE STATE OF FLORIDA
ST.-\TE FIRE lvl.-\RSHAL
TOM GALLAGHER
Jury 29, 2002
Ms. Mary Ropolewski
4415 5th Avenue N
St. Petersburg, FL 33713
Dear Mr. Garden:
State Fire Marshal Tom Gallagher asked that I respond to your letter of July 18,2002
that was forwarded to this Office by Gov. Jeb Bush, regarding the illegal use of fire
works.
The sale and use of fireworks is governed by the provisions of Chapter 791 of the Florida
Statute. This Statute provides several exemptions for those desiring to purchase
fireworks. Although local fire and law enforcement officials are aware of these .
exemptions, in most cases, the enforcement of this Statute is very difficult and extremely
time consuming to control whom has the opportunity to purchase fireworks,
Each year, during the holiday seasons, local and state fire officials make a diligent effort
to educate the public on the dangers of the improper use and handling of fireworks. It is
unfortunate that the provisions of the law are such that the illegal use of fireworks still
frequently occurs, however, I would suggest that you contact your local fire marshal or
law enforcement agency vlhen you obser/e such use within your ccmmunity,
The State Fire Marshal appreciates you bringing these concerns to our attention. Please
let me know if I may offer anything further.
Cc: Randall Napoli, Director
James D. Large, Fire Marshal
.
TRE.ASURE? . l:-/StiRJ\NCE co/.c.QSSIONER . FIRE MARSltU
'AMES E GOODLOE. . BURI!AU CHIEf . nURf_.l.,U OF FIRE PREVEoITtoN
200 EAST GAn>"ES Srr-EET .. AllAiL.l.,S.sZ;:. FLORIDA 32399.0342 . (S50) 4\3.3620 . F....X (850) 922.2553
A!f.rm.U'.'t Aclion: Equ&J OppOl\unilY Employer
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Doris Delp
1657 B Turner Street
Clearwater, FL 33756
Ken We1ch
County Commissioner
Oearwater, FL 33756
August 6, 2002
Dear Sir:
I read an article in the St. Petersburg Times about your feelings toward fireworks in the area. I agree with
you. They are not only used illegally on holidays, but for a week before. It is difficult to understand hOlY
this law can be disregarded so blatantly. With the danger of fires and injuries it should be banned
statewide.
Sales should not be permitted and they should only be used in parks under supervision. Some people
would still bring them into the area; but, hopefully it would be easier to control. I feel sorry for the
police, they have enough to answer to. On July 4, I was afraid to leave my home and watched them
sailing over my roof.
I admire you for tnking a stand on this issue and would be happy to collect signatures or vote for control of
it. I have read quite a few letters to the editor regarding this.
Thanks for your time,)
- . r? ~....,
j.J.c-u.v iliJ.d!.;;"-'-'
Doris Delp
462-8102
swizzledd@aol.com
:=JP-- , ~
~~
John Royse
P.O. Box 48722
81. Petersburg, FL 33743
(727) 343.1516
JRoyse4375@aol.com
- country. right or I\/rong. When right. to be ;'..ept right: when wrong. to be put right. "
. Carl Schurz/1899
I~
August 1, 2002 ! 1;./7:-'
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.
Commissioner Ken Welch
315 Court
Clearwater, FL 33756
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Dear Commissioner Welch, ~~;.~,~:~':.- - "'-'
-~':',"/:"".~": :'~-ll-"
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While I have always felt that the County CommiSSR>li~fssmore responsive to our
needs than either our local city council here in Sf. Petersburg ortne--State Legislature, it
was a real pleasure to learn of your interest in some enforcement of the laws designed to
regulate fireworks sales.
Regrettably, while we ostensibly depreciate the prevalence of crime in our
society, all too many of us are willing to violate the law when we find it personally
convenient. Traffic violations and the toll they take are too well known and the IRS
estimates that many middleclass taxpayers cheat on their taxes. Even old ladies make
oft with supermarket shopping carts in violation ot state law and while this may seem a
minor transgression, on a windy day a windblown cart can cause a couple of hundred
dollars damage when n hits a car not to mention the many S175 carts that end up in the
hands of transients and which customers eventually have to pay for.(Check the price of
cereal lately?) Certainly the issue you have chosen deserves attention.
Everything you were quoted as saying in the July 25th Times is certainly true. The
noise starts a few days betore the Fourth and, often, enough, for a few days afterwards
and can be heard until early in the morning. Too many parents don't supervise children
and some always end up injured. It's sad those in law enforcement are so negative on
this issue. Our children shouldn't grow up learning there are some laws to obey and some
you don't have to obey because all too often they chose to violate the wrong ones with
disastrous consequences.
Sadly, one gets Ihe impression the legislature is bought by the lobbyists tor big
business. Although it also seems the solution does lie there. The law should be amended
to require specified documentation that any purchaser is actually engaged in farming,
mining, etc.
I congratulate you on taking on a difficutt issue and wish you the best of luck.
Respectfully,
-.
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1
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--Ken \Ve1ch ,_0 n__nO - '0 - 0
Pinellas County Commissioner
315 Court Street
Clearwater, FL 33756
July 25, 200~
Dear Ken Welch:
Today's St. Pete Times ran an anicle about your concerns about fire\.....ork safety.
I'm writing to applaud your efforts to tighten restrictions. I would ask Pinellas County
to ban personal fireworks altogether.
.tv!)' dog was injured by firework debris as a result of fireworks being shot in my
neighborhood.
It was New Years Millennium night. Yes, individuals had been shooting
fireworks for days. On New Years they started at dusk and went ofT intermittently until 2
in the morning. My dog wouldn't go out \\lth all the noise. Finally, it seemed to have
stopped. I took her out into my 0\\11, fenced-in back yard for a much needed pit stop.
Then screaming in came one of those rockets on a stick. It hit her in the eye, scratching
her cornea. So there I was, in the emergency vet clinic at 3 in the morning. Personal
fireworks shot off in a residential neighborhood caused damage and pain to my dog on
my own property. It cost me time and expensive emergency room vet fees.
It is a joke to pretend personal fireworks are being shot off responsibly. These
rockets on a stick have been landing in my yard, on my roof for years. They are shot off
in the dark with no idea of where they will land. And even when drought conditions
cancelled city displays for fear of fire danger, the personal fireworks continued,
endangering property as well as people and pets.
It is a joke to say there is no alcohol use when fireworks are being shot. I've seen
adults "ith a bottle of beer in one hand shooting ofT fireworks with the other.
Sadly, no "bucket of water" can pro\ide safety when the firework lands on and
injures an innocent child (as that unfortunate child on the Causeway), or my pet in my
own back.-yard.
PLEASE BAN ALL SALE AND USE OF
PERSONAL FIREWORKS IN PINELLAS COUNTY.
Thank you.
f-=' r;;;;;;:.(f ~. ;"'\ -:;~- . r. ~ r~.n
It Pi ~'~ c;,i""":....t -"~;; ;,?i," ~ '~ ~ ;: !
lifS ~ ~....--"'- '-- : ::~ o~::;'.y" ;
I :'
i JUL 26 2002 :
I .
I
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!
Sincerely,
0U1:bc-tf,A' /J/ -' /
George" Ann Wood~~
3 l7 Cedar Lane
Lamo, Fl 33770
f\ENNETHT. W!::L:.L.i
COIJrtViaSSJO!'lr:t:{
f
...-!
.
Ms. Elaine Harvey
10191 128tb Terrace~.
, .--bargo,F1:-3~773-.
July 13,2002
Commissioner Marrin Shelby
Largo Municipal Complex
201 Highland Ave.
Largo Fl. 33770
Dear Mr. Shelby,
This letter pertains to fire works during the months of June and July. I say June because it stans
about 2 weeks before the fourth and continues as I write this letter.
I moved here abou! ~ ye3.! ~d 2. half ago frO!!! 2 state t.h~! does not a.l.1ow firp. works that is (1ot in
a controlled -area. On the founh of J uly my neighbors were shooting off fire works over my house, and
depositing coals as big as a jaw breaker \\'hich fell in my yard and left black bum marks in several
places plus the tubes that contained them. At ] 1:]5 P.M. I called the Largo Police Department about
this, and the noise that continued every night. The woman that answered the phone told me that nothing
could be done, because it is a Holiday and I would bad to have property damage before anything could
be done. My response to her was, "then if my house catches fire then you will help me? in the mean
time~ they can continue to do as they please, as long and as late as they want and I can do nothing
. !bout it". And her response was" yes that is correct." In other words 1, as a decent law abiding citizen,
have no rights and just have to live with it.
I don't believe that you would condone people shooting off fire works till the early hours of the
morning for what is now close to a month, where you live. This same thing happened last year, when it
was so dry due to lack of rain, and I had to wet down my lawn in order to keep it from burning and the
Police Dept. told me the same thing. Jt is difficult for me to understand the total disregard of other
citizens.
I am disappointed in the response I have received from the Police, the County and the State. I try
to support the Police with contributions and following the laws, but it makes it bard to continue to do so,
when you care so little about my rights.
I am sure I am not the only one that has ever complained about this problem. I have a job
working for a Defense Company, and it takes up most of my time. When I come home from working 10
hours a day and need my rest so I can get up at 3:00 A.M to go to work the next day, I do not want to be
awakened at 1 :00 A.M. with all this noise.
I do not bother other people because it wouldn't be acceptable behavior, and I expect the same
respect in return.
I do hope you will be able to look into this problem, and find a suitable solution.
Sincerely,
.
-I'./LL_' ~
Ms. Elaine H~ey -
t
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c:~:::)t~J ~ .Ed (:":'~Q,ds:' ' I/!~/~
Julia Daniels
4818 6th Avenue South
St. Petersburg, FL 33711
//}lE(G~!} l!?{if-
/ J4N l::9 ~~/Q)/
,~- 2003' /'
t:::/Vt'l~;-.
CO~"'/'1 . I-f 7': ~~ /
1/$S/O' ....LC. :'
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, i
I
January 3: 2003
Kenneth 1. \Veldl. County COilllulssioner
315 Court S treer
C1eanyater, FL 33765
Abandoning Fire,vorks in Pinellas County
~ .
Dear NIT. Welch~
I am all in favor for abandonirig fireworks and the use of firearms (GUNS).
To my knovv1edge, It is illegal to clischarge a firearm in the city limits. Where
I live, I am surrounded by b'1lI1 shots on New Year's eve. Sometimes the
police is called; which is a \vaste of time.
January 1, 1995: someone shot hvo bullet holes in my carport. Since then, my
QTandson has been terrified of both. Manv families are confined to their
~ ~
homes at this time. New year 'is a happy time. \Ve need to make it safe for
all citizens.
Julia Daniels
( J
17PJ . " "
l~fE@~[J~L7 .
I JAN 0 9 2003" ~ ;
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KENNETH '
. 'COH,U/ ~ I'v1JELCH
~"V/ SS10NER
-i
...---.. --. ---------~.
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Da~:)r:;: :-ier!i'pg - Re: t.lore Goverr,ment regulation,
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________________~ag~_.2_
From:
To:
Kenneth Welch
"0 i 7 3@aol.com".GWIA.PCG r .~ail,cmeinck. Clw2 .PCG f\lail,btodd, Clw2. PCGMail.rstewart
. Clw2 .PCG Mail ,jmorroni, Clw2. PCGMail,slatvala. Clw2. PCGMail
Date: 1/18!036:21PM
Subject: Re: More Government regulat.on,
Dear Mr, Hirsch -
Thank you for your email. Allow me to provide YOJ with the facts. First and foremost, retail (consumer)
fireworks are ALREADY illegal under Pinellas COJnty Ordinance 62 and Chapter 791 of the Florida
Statutes. The proposed ordinance amendment is:)'t an effort to "ban" consumer use of fireworks. Such
use is already banned.
Let me refer you to the following press release from Florida CFO and Fire Marshall Tom Gallagller. I
believe that Mr. Gallagher has summarized the fireworks issue in a very clear fashion. If you verify the
authenticity of the fink, the url is: http://www.fldfs.com/consumers/alerts/press/2002/pr070102.htm.
MEDIA RELEASE:
July 1, 2002
GALLAGHER: CELEBRATE THE FOURTH OF JULY SAFELY
TALLAHASSEE -- Floridians will be gathering this week in back yards and at the beaches to celebrate the
Fourth of July. For many, fireworks are part of the fun, but Florida Treasurer and State Fire Marshal Tom
Gallagher warns fireworks should be left to professionals,
In Florida, only sparklers are legal for nonprofessionals to use. Every year, the Division of State Fire
Marshal posts a list of more than 1,000 legal sparklers, and this year more than 218 new products were
submitted for testing. More than 196 were approved for addition to the list.
"Where fireworks are concerned, it can take only a few seconds for a tragedy to occur," Gallagher said,
The U.S. Consumer Product Safety Commission estimates that in the year 2000 about 11,000 people
were treated in hospital emergency rooms for fireworks-related injuries. Half of those reported injured
were children 14 years and younger. The most common injuries were to the hands. face and eyes. Ten
people were reported to have died from their injuries.
Gallagher said a key to safety is: If it launches or explodes, it is illegal. /IIegal fireworks include shells and
mortars, multiple tube devices, Roman candles, rockets and firecrackers. Also, Gallagher said, do not sign
a "waiver" to buy fireworks, A waiver will not clear you of responsibility should you be caught using them.
Sparklers also carry a risk of injury. When lit, some sparklers can reach temperatures between 1,300 and
1,800 degrees, more than 200 degrees holter than a butane lighter.
Here are some other safety tips to keep in mind:
, Use sparklers and other legal novelties on a flat. hard surface. Do not light them on grass.
. Use in an open area. Keep children and pets at least 30 feet from fireworks,
. Light only one item at a time.
. Never attempt to re-light a "dud."
, Do not use any items that are not wrapped or may have been tampered with.
.' . . . - .
Darlir.a Herrii1g - Re: More Government regulation.
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Page 2 ,
. Have a fire extinguisher, hose or bucket of water handy for emergencies. Drop spent sparklers in the
bucket of water.
. Do not leave a burning barbecue grill unattended.
. If it takes less than 30 seconds to hear thunder after seeing lightning, move indoors and stay there for at
least 30 minutes.
To see the 2002 list of legal sparklers, visit the Department of Insurance web site at \vww.fldfs.com
<http://www.fldfs.com> and follow the prompts for the Division of State Fire Marshal.
###
Commissioner Ken Welch
Pinellas Board of County Commissioners
727 -464-3614 phone
727 -464-3022 fax
'Please note: All mail sent to and from Pinellas County Government is subject to the Public Records Law
of Florida.
>>> <D173@aol.com> 01/18/0312:20 PM >>>
J want to bring to your attention a movement, introduced by Commissioner
Welch, to eliminate the retail sale of consumer fireworks in Pinellas County.
The fireworks industry is currently heavily regulated and being run by
responsible retailers with safety always in mind. I believe that there is
proper supervision of home displays. In this time of political turmoil it is
necessary for the average law abiding citizen to be able, on the 4th of July,
to shoe the world or just take pride by himself that America is now, and
always will be, the best country in the world.
Besides when you outlaw fIreworks, what is next automobiles, or better yet
how about dogs? Come on people lets get real here,
Res pectfu Ily;
Donald M.
Hirsch
Captain, NYC Dept.
of Corrections
Retired
Resident of Palm
Harbor
cc:
dherring@co,pinellas.fl.us
Kenneth Welch - fireworks
Page 1
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From:
To:
Date:
Subject:
"David Boehme" <daveboehme@yahoo.com>
<kseel@co.pinellas.fl.us>
Fri, Dec 6, 2002 6:27 PM
fireworks
I think that the ban on fireworks is uncalled for, It's on more way to
restrict responsible adults from their constitutional freedoms. There are
enough laws and ordinances in place to be redundant several times over. We
don't need more and bigger government in our lives. I realize that we are
not able to take care of ourselves, the environment, or our own affairs or
wealth for that matter, in the eyes of liberal and big government. I guess
that we should just become a socialist society. There is always someone that
uses the feeblest and smallest reason or issue to create an emergency or a
reason to grandstand themselves. Please show respect for the people who you
SERVE and use time a little more wisely, and make it easier for people to do
business and more business will be done which in turn will boost your tax
base without creating more expensive legislation. If a business owner makes
more money they hire more people and they all pay more taxes in general.
Thank you so much for hearing me out.
Dave Boehme
-' . I
Page 1 1
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Kenneth Welch - STOP
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From:
To:
Date:
Subject:
"Ron Dreggors" <ronsteel@gte.net>
<kseel@co.pinellas.fl.us>
Fri, Dec 6, 2002 3:37 PM
STOP
I understand an ordinance has been drafted by County Commissioner Welch
to eliminate the retail sale of consumer fireworks in Pinellas County.
Is this how a commissioner spends time?
The fireworks industry is currently heavily regulated and being run by
responsible retailers (for the most part) with safety always in mind.
There doesn't need to be any more restrictions placed on how citizens
enjoy fireworks and where you can purchase them, we strongly encourage
you to stop wasting your time with this and do something beneficial to
the citizens of Pinellas County like getting rid of the homeless people
hanging all over the place i.e. park benches.
Regards,
Ron Dreggors
200 South Comet Ave.
Clearwater, Florida 33765
-----~-~_..
Page 1'j
Kenneth VYel~h - Fir~w.6r_~s?Arn~rica_~tradftio~
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From:
To:
Date:
Subject:
"Marty Skapik" <marty@teamsavage.tv>
<kseel@co.pinellas.f1.us>
Fri. Dec 6. 2002 4:09 PM
Fireworks a American Tradition
Dear Ms. Seel
To ban fireworks because of one commisoners
preference is ridiculous. I have celebrated the 4th
of July with fireworks since I was a small boy.
The danger of fireworks is exponetially less than
driving on any of our roads in Pinellas Couty. Concentrate
your efforts on road safety and disregard Mr. Welch's
personal vendetta against a true American tradition.
In addition any vote against fireworks will impact
my voting preference in the next election.
Sincerely,
Marty Skapik
Kenneth Welch - Sale of Fireworks
.P~ge 1 I
.
.
.
From:
To:
Date:
Subject:
"Kevin Ferrell" <kevindferrell@hotmail.com>
<kseel@co.pinellas.fl.us>
Fri, Dec 6, 2002 4:15 PM
Sale of Fireworks
Commissioner Seel,
I hope all is going well. Rarely do I speak up regarding any particular
non-critical issues. However, I am concerned about further regulation of
fireworks in Pinellas.
I can speak for myself and many friends that we did notice an increase in
activity this year. However, no one was reported injured (to the best of my
knowledge) and the kids loved it (my own two kids and the many wllo were with
us at The St. Pete Yacht Club).
In my opinion, regardless of where the fireworks were purchased, this year
was destined to be a huge year for folks like myself who wanted to express
their patriotism in a way that dates back to the revolution. Personally we
had fireworks from West Virginia as well as from Phantom on route GO inn
Clearwater. At Phantom, police officers were there to make certain that all
applicable rules and guidelines were followed.
In closing, I strongly urge you to vote against any further regulation
regarding this issue.
I can be contacted at my office, (727) 793-0081 or by cell @ (727) 480-6108.
Best regards.
Kevin D. Ferrell, M.D.
Tired of spam? Get advanced junk mail protection with MSN 8.
http://join .msn .com/?page=features/j unkmail
Page 1 I
Kenneth \^J~lch- (no sLJbject)
.
.
.
From:
To:
Date:
Subject:
<CMFA T ASS@aol.com>
<kseel@co.pinel/as.fl.us>
Fri, Dec 6, 2002 7:16 PM
(no subject)
I disapprove of your attempt to remove firework establishment from this
county or any new restriction without the register voters being able to vote
on this issue. I am a register voter and I am tired of politicians taking
away rights of the American people.
Claude McSwain
Register Republican in Pinel/as County
Kenneth We.I~h - Hayek,pdf
,._...: '. .,-p~geJ..i
.
m.:l/AJatitle<l
To Pinellas County Commissioners
Independence Day, Freedom, Fireworks,
I use fireworks ~OnSiblY for my friends and I to enjoy Founh ofJuly Ac&.ities and I VOTE!! II I
~k~
11066 66th Terrace Nonh
Seminole, Florida, 33772
!f/[t@~aw~'/1
NOV 20 2002 'fDj
80ARD OF COUNTy
COMMISSIONERS
'.
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1112102 11:15 AM
.
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ROLL NO.
\
\
"pag-e.1 i
Kenneth Welch - Sale of Fireworks
.
.
.
From:
To:
Date:
Subject:
"Kevin Ferrell" <kevindferrell@hotmail.com>
<kseel@co.pinellas.fl.us>
Fri, Dec 6,2002 4:15 PM
Sale of Fireworks
Commissioner Seel,
I hope all is going well. Rarely do I speak up regarding any pal1icular
non-critical issues. However, I am concerned about further regulation of
fireworks in Pinellas.
I can speak for myself and many friends that we did notice an increase in
activity this year. However, no one was reported injured (to the best of my
knowledge) and the kids loved it (my own two kids and the many who were with
us at The St. Pete Yacht Club).
In my opinion, regardless of where the fireworks were purchased, this year
was destined to be a huge year for folks like myself who wanted to express
their patriotism in a way that dates back to the revolution. Personally we
had fireworks from West Virginia as well as from Phantom on route 60 inn
Clearwater. At Phantom, police officers were there to make certain that all
applicable rules and guidelines were followed.
In closing, I strongly urge you to vote against any further regulation
regarding this issue.
I can be contacted at my office, (727) 793-0081 or by cell @ (727) 480-6108.
Best regards,
Kevin D. Ferrell, M.D.
Tired of spam? Get advanced junk mail protection with MSN 8.
http://join.msn.coml?page=features/j u nkmail
Page 1 \
Kenneth Welch - (no sLJbject)
.
.
.
From:
To:
Date:
Subject:
<CMFA T ASS@aol.com>
<kseel@co.pinellas.f1.us>
Fri, Dec 6,2002 7:16 PM
(no subject)
I disapprove of your attempt to remove firework establishment from this
county or any new restriction without the register voters being able to vote
on this issue. I am a register voter and I am tired of politicians taking
away rights of the American people.
Claude McSwain
Register Republican in Pinellas County
,
Kenn~th We!c:;h - Hayek.pdf
.
To Pinellas County Commissioners
Independence Day, Freedom, Fireworks,
I use fireworks responsibly for my friends and I to enjoy Fourth of July Activities and I VOTE! IIII
j?~~M~, .>!'A~7/;d
r(o~rfirfGyek I , ~
11066 66th Terrace North
Seminole, Florida, 33772
{fl~~~~o~ft(QJ
8OA.RD OF COUf.,7Y
COI.'f.fISSIQNr:
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.
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filc:J/,UntitleJ
Ilf2lO2 11:15 AM
m -I
Page 1
Kenneth Welch - Fire works
.
.
.
From:
To:
Date:
Subject:
"Paul Jones" <p.jones43@verizon.net>
<pu blicaf@co.pinellas.f1.us>
Thu, Oct 31,2002 9:19 PM
Fire works
I think all of you commissioners that are trying to pass more restrictive laws on the fire works issue need
to get your heads out of the sand and face reality. People have been setting off fire works since before all
of you were born, you need to worry about more important things like maybe how to lower taxes or help
the poor. I will be watching how everyone acts on this issue and anymore that I think you are wasting your
time on and will try to persuade anyone that will listen to vote all of you out of office as you already waste
too much of my tax dollars on idiotic matters.You are supposed to be working for the people not making
subjects out of them. If more people would get involved a lot of you would not be where you are now and I
pray that more citizens will start taking part in what is going on around them and put a stop to all of the
nonsense and time wasting that goes on in politics.
Kenneth Welch - fireworks
Page 1
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From:
To:
Date:
Subject:
"Kristina Jones" <rjones6@tampabay.rr.com>
<ktwelch@co.pinellas.fI.us>
Sat, Jul27, 2002 8:51 AM
fireworks
Dear Kenneth T. Welch,
An articial was written in the St. Pete Times Thursday July 25. The subject "fireworks" by inforcing the law
and sending people to jail over some fireworks? COME ON, dont you have anything else better to do?
Kristina
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Page
FIREWORK.S ~'lA TERI.-\LS
.
TABLE OF CONTEi'\TS
LEG 1SLI-\ TIVE B:\.CKG RO L TND............................................... ...... ................. ....................... 1
ENFORCEMENT
Letter from Sheriff s General Counsel to Gay Lanc~ster dated l\'larch 12, 2001..........2
REPORTED INCIDENTS
?\'Iemo from D\\'nine Booth to K.enneth Wdch d~td .July S, 2002................................4
FIRE\VORKS E~,rS AND FIRE RESPONSES
Report from Dwaine Booth dated Janu~ry 22, 2003......................................................5
FrRE\VORKS PURCHASES
Report from Dwaine Booth dated August 8, 2002 ........................................................6
FIRES C...\USED B'1" FIRE\VORKS .......................................................................................11
APPLICABLE LAWS
State LU\\'s
. Chapter 79 I ............................ ............. ........................................ ............... ........... .12
STATE FIRE MARSHALL STATEMENT
T 0111 Gallagher .................. ........... ...................... .....,..................... .............. ..... ........ ....15
MAY/JUNE 1999 NEPA .rOUR1\1AL ARTICLE
Fireworks Deaths and Injuries .....................................................................................16
ST. PETERSBURG TUvlES ARTICLE - DATED JULY 11, 2002.......................................22
PO LK CO LJNT'{ ENFO RCEl'vlEN1'..... ............... ......... ......... ..... ............ ........... ....... ...... ....... .23
DRAFT 0 lill IN f,\N CE ........................................................................................................... .25
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FIRE\YOHKS - LEGISLATIVE B..\CKGROC~D
. :\ lL'n-yc:ar r,,'\'iL'\\' ur news lInicks and legislativc history ic!3ted to firc'.\'orks indicates that the
tirc\\'orks laws in the statc have been a tug of war for years. Generally. fire marshals want
fircworks banned: the industry would prefer "realistic" restrictions. Although the Florida
Legislature banncd most fireworks in the state in 1941, no significant revisions in the statute
have occurred in approximately 15 years. The most recent amendment in 2000. simply granted
the Statc Fire lvlarshall the authority to adopt rules prescribing the registration forms for
manufacturers. distributors. wholesalers, and retailers of sparklers.
t\'lost have attributed this lack of action by the Legislature to the wealth and influence of the
industry's lobbyists. According to fomler Rep. John Rayson. who tried to pass legislation
regulating the use of fircworks. "They seem to come out of the shadows and wield tremendous
political po\ver." Rep. !\.like Fasano filed legislation in 1997 that would have provided stronger
regulation of fireworks and enhanced penalties for contraband fireworks. The bill was withdrawn
a week after filing.
.
In 1998. rOmler Governor Lawton Chiles declared a statewide ban on the sale and use of
personal fireworks because of dry conditions that led to fire burning across the state. Lobbyists
hired to fight the ban included ivlitch Ceasar, former Chainnan Florida Democratic Party; James
Harold Thompson. lobbyist and former Speaker of the House; and Ron Book, political fund
raiser and lobbyist. The following legislative session, at the behest of the industry, former Rep.
Adam Putnam (now Congressman Putnam) offered an amendment in a committee that would
prohibit the Governor from banning sales during a drought. The Governor would only have the
authority to ban use. The amendment would have allowed counties to ban the sale of fireworks.
Although the amendment passed the committee, it was eventually removed from the bill.
Lobbyists registered during the 2002 Session to represent the industry before the Legislature
included Peter Dunbar and Ronnie Book, members of Pinellas County lobbying team.
Eight Slates currel1lly ban cc'nsumer lireworks. They arc :\rizc\nn, DcIaw~re. Georgia, i\'lnine.
New Jersey, Rhode Island, and Vern10nt. The industry arguments against the banning of
fireworks include:
. The amount of fireworks used have doubled each year since the U.S. Consumer Product
Safety Commission enacted national standards for family-type fireworks in 1976. The
related injuries per one million pounds of fireworks ignited, however, have declined
significantly.
. Far more damage is done to others each year by accidents involving skateboards and in-
line skate than by fireworks.
. Everything we sell is legal and regulated. The complete ban of fireworks will cause a
flourish in the illegal market, where products arc more dangerous.
.
. It is the consumer's responsibility.
1
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. (~
L:;:~'.:.
'."."
~.
'lIZ~~:'--
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Sheriff Everett S. Rice
I
--"~"'-~."~~"".'--' ~"""'~__~-._...-~_-....--.___~-:,. .,.. -.. _"'"\.Il".I__.,--,..",
..~-~~-
Pinellas County Sheriff's Office
"
Sa liona II)' A cc:redited
March 12, 2001
Gay Lancaster
Interim County Administrator
Clearwater Courthouse
315 Court Street
Clearwater, FL 33756
'r -
II f1lJ ~ [e' i 2-IT~il i ~ i---n l
I, L! r L_, L ~ t..=., !
,..../ ....~'
/I n "I' ! I I
) '. I II ,
I. i: II I I
!ULJi MAR 1 3 2001 } I II
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C"'III~"", .- t .. ..
... ...:,,' '. MGrn.1',......~ "'\r'~ 0 ';.
." _._:_'.'.~2:~~:~v "-0 f!lCe
RE: County Fireworks Ordinance
In response to your request for information concerning the sale and use of
fireworks in Pinellas County, please be advised that because the language of Florida
Statutes 791, enforcement of provisions of both the county ordinance and state statutes
relating to the sale of fireworks is difficult.
The state statute leaves a number of "loopholes" for persons wishing to sell or
purchase fireworks. Specifically, F.S. 791.04 provides that nothing in 791 shall be
construed to prohibit the sale or use of fireworks by railroads or other transportation
agencies for signal purposes or illumination or when used in quarrying or for blasting or
other industrial uses. Distributors frequently require purchasers to sign a statement
indicating they are using the purchased fire\\'orks for one of the purposes that
essentially exempts the sale and selle'r from regulation. When purchasers sign these.
documents, the Sheriffs Office is essentially unable to further pursue the issue.
Organized firework shows by municipalities and less frequently private entities
are generally in compliance with the Pinellas County ordinance and the Florida statutes
since entities holding large firework shows have been very compliant with the
regulations of both the statute anc~ the ordinance.
When individuals choose to randomly shoot off fireworks, the statute again
imposes an impediment to our regulating this activity. Because the penalty for any
violation of Chapter 791 is a misdemeanor, a law enforcement officer must see the
violation committed in his or her presence. Often, by the time our deputies are advised
that people are shooting off fireworks in their homes or on other private property. the
event is over and when the deputies arrive to investigate, there is no on-going Of
unlawful activity for which enforcement action can be taken.
10750 Ulrnc:rton Road
P.O. Dr.mc:r 2500 - Largo. FL 33779
")
'-
(727) 582-6200
.
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Gay Lancaster
Page 2
March 12, 2001
It is our observation that the current statute offers both persons who sell and use
fireworks numerous avenues to avoid the regulatory provisions of the law. Unless and
until the Florida Legislature decide to restructure Chapter 791 to remove these
exceptions and to allow consistent enforcement, these problems will continue to exist.
We appreciate your inquiry in this regard. If we can provide you with more
information concerning this issue, please do not hesitate to contact me.
Very truly yours,
DLliJl JJ. KiUtl./..L
Jean H. Kwall, Esquire
General Counsel
JHK/vmt
3
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1ftl~:t! A::~ ~
I..~,.
. 'LeEr:\.
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PINELLAS COUNTY
E;\IEHGEi'iCY ;\lEDICAL SERVICES A1'iD FIRE ADI\1I],;ISTRATION
l\lEl\10RANDUM
DATE:
July 8, 2002
TO:
Kenneth T. Welch, PinclIas County Commissioner
THROUGH:
Stephen rvf. Spratt, County Administrator
D. Gay Lancaster, Assistant County Administnitor
C. T. Kearns, Director, EMS & Fire Administration
FROM:
Dwaine E. Booth, Assistant Director, EMS & Fire Administration
SUBJECT:
Fireworks
There were 59 incidents related to sparklers and fireworks reported to 9-1-1 Emergency
Communications from June 24 through July 7, 2002.
It should be noted, 24 of the 59 incidents occurred from June 24 through July 3rd, 25 on July 4th,
and 10 more since the holiday.
The responses were as follows:
15 - Fires Outside Structure - Grass, trees, dumpsters
24 - Smoke - Caller 53\\' smoke 3nd thought structure was on fire
14 - Injuries - Most were children with eye, leg and hand injuries
6 - Structure Fires - Two (2) fires caused by person inside the house setting off the
firev.'ork.s; two (2) devices fie\>.,' in windows or porch; others were roof fires. No major
damage reported.
59 Total
Please ad\ise ifwe can pro\,;de any additional infonnation.
f:\USERS\EMSADMIl'-iEMSFlRE\BOOTH\2002\1UL Y I.MEMO TOCOMM. W1jLCH.DOC
4
.
..;~~....
1 '~.:;-/"jt.! '\~, "
-' '.>&i~ \... ,
'~'
.~.
I'lOR\\)'t-
PINELLAS COUNTY
E;\IERGENCY ;\IEDlCAL SERVICES AND FIRE ADi\1INISTRA TION
i\IEMORANDUM
DATE:
January 22. 2003
TO:
Susan Churuti. County Attorney
FROi\I:
Dwaine Booth, Assistant Director
SUBJECT:
Fire Works Data
The following is a summary of the fire works related responses by Pinellas County EMS and Fire
units during 2002:
.
Injuries (mostly children) 11
Structure Fires (roofs. living rooms) 11
Vehicle Fires 1
Brush Fires (trees, grass) 11
SmokelNoise 32
78
There were probably more calls related to tire works but if it was not mentioned in the notes for
each call. the information could not be tabulated. In addition, there were hundreds of noise
complaints received by local Jaw enforcement agencies.
Please advise if I can be of any funher assistance.
J anuary22. Churuti.memo
. CDOCUMENfS AND SETTINGSv\TYKD06\LOCAL SElTINGSlTEMPVANUARY22.CHURU1l.MEMO.DOC
5
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DA TE:
TO:
FRO.'''':
SUBJECT:
e
-
Attached is some material from my files and a summary of my visit to two (2) local fireworks
retail stores. 1 was also able to secure a sample of the form (see anached), which the stores
require all buyers to sign.
Attachments
PINELLAS COUNTY
E:\IERGE~CY MEDICAL SERVJCES AND FJRE ADJ\lINJSTR.-\TJON
1\1EMORANDUM
August 8, 2002
Susan H. Churuti. (0001\' Attomey
. . ----.
Dwaine E. Booth. Assistant Dire~CB l"~
, ~
Fireworks Information
. F:\USERS\EMSADMIN\EMSFIRE\BOOTHI2002\AUGUST S, 2002 MEMOTOS. CHURUTI, ATIORNEY.DOC
6
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Subject: Fireworks Purchases
Date: AY.gust 6 and 7, 2002 ()1 ~
From: Dwaine Booth, Asst. Dir. EMS/Fire AdminvJS L'" ./]
Objective: Purchase fireworks and determine how retailers
address FS 791.
I visited Phantom Fireworks, 2416 Gulf to Bay, Clearwater, FL. on August 6/ 2002
and was greeted by a sales person who asked if I had ever been there before? I
responded I had never been in the store and he responded that if I wanted to
purchase any merchandise with red tags on it, I would have to fill out a form,
(see attached) which was on the counter attached on the wall. He pointed out
Florida Statute FS 791/ which was posted on the wall. He left me alone and I
picked up 2 of the forms and put in my pocket. I also picked up a catalogue. I
asked questions about some of the various fireworks and if I could have
fireworks shipped to my home. I noted that only a small part of the display area
was devoted to the legal Sparkler type merchandise. I left the store without
making a purchase.
On August 7, 2002 I visited Fireworks City 10606 49th ST. N. in Pinellas Park. I
walked throughout the store accompanied by a sales clerk who described the
various fireworks. He said some of the material was for professional displays
however from my experience, as a former fireworks pyrotechnic, the statements
were misleading as the professionals don't use that type of materials. I noted
that only about 100/0 of the floor space in the store was devoted to the legal
Sparkler type merchandise. I selected five items all of which the labels indicated
made loud reports ( explosions) or shot up into the air and took them to the
counter to purchase. The clerk asked me to sign the form, which lay near the
cash register and it looked exactly like the one from Phantom. The forms were
attached in a bound folder. I said, "What am I signing?" He said, "This is to
show that we are not liable and you know what you are doing with the items". I
did not observe the state statute posted anywhere in the store and there were
none of the forms laying around on any counters, only the book of forms at the
cash register. I signed the form, "Joe Smith", paid the clerk for the fireworks
and walked out of the store. My purchase totaled $17.49. The clerk did not
question my signature or ask for any identification.
7
Clear,,-ater e e ''''Y'''.fire,,'orks.con
PHANTO~-I FIRE"TORKS rs/t:/O-L
VERIFICATION CERTIFICATE f)6,-~~
.
I ACKNO\YLEDGE AND AGREE THAT:
. I am eigh tern (18) years of age or older.
. I have reviewed Section i91.04 of chapter 791. Florida Statutes, and my purchase
nnd use of the fir'cworks falls within an exccption specified therein.
. The seHer is not responsible for any damages or injuries caused by the misuse,
improper use, or illegal use of the fireworks. I wiJI indemnify and hold the seller
harmless from any cJ~ljms brought as a result of such damages and injuries.
. !"o representations, either oral or implied. other than those set forth above, have
been made by any parties to this transaction.
*************';:********* PLEASE PRINT **********************
PRINT FIRST NA1\/IE:
.
PRINT LAST NAlVIE:
ADDRESS:
D
LUi
I
CITY:
STATE:c=[]
ZIP:
-UlLJ
PHONE:ITJ]-[II]-[III]
E-MAIlJ:
PREMIER / PREFERRED #
SIGNED:
@
DATE:
Please provide the nlailing infornlation to receive next year's catalog.
.
How did ~'ou hear about us?
Catalog
Flyer
Billboard
I~adio
\Valk-in
Friend
8
Internet
Other:
.
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.
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~!<. (''-' t:.' y' en.~ -s
1 ,
.r', 1 '1 1 (,Ii PlIRr:HA~i 1 NG F 1 REW(lf~KS FOR THE ~URPOSES
Hr.m::FlY VCI:( 1 ~y 1H.. --
I ND I eATEn l-][-.LClW:
o 1 A~1 PUHCH~S J NG F Jr~EW(lRI\S FOR D 1 HEeT 51'11 P~lENT nUT OF STATE
\'
o
I A~] pl.mel!AS! NG r-! r<El~Onl\~; PLlliSUNH TO. /1 Pr.I~M 11 1 ~i~iUE:D TO
, . liNT\') rn lJ:.if rJI~[?WURI(~; ()1
H[ DY <CTT~ /eo I. .....,.. ..... . , ... ....----- .
A [l I SPLA Y CClVr.:W::[) 8Y sticH PEI~~i1 i .
D
J f\~l PUI~CHAS J NG r 1 HEWUHI(~.i I: (JI~ 1.1:;;[ 8'1' RA I Ll(O(\ll~; nr~ (Ion IEH
t\C[NC}ES r-OR SIGNAL PLlRPOSES OR ILLU~lINATJON.
o J AM PURCHAS 1 NG r-l REWORI\~i FCJI~:
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BLASTING
OTHEH 1 NDUSTI~ 1 AL USE
. D J AI'] PLlRCH()S J NO F T REW(lRI<~; TO BE USED SCll.r:t.Y ~,N[) EXr.:LU~i-
J Vel. Y I ~l FR 1 GHTEN I NG G 1 HDS rRCI~\ ()(:iR 1 CUl.TURAl. WClHI\S (\Nn
F J ~iH ~IA'r CHER I ES
UNnERS J GNEO FLlI~T HER 5T A TES THAT THEHE' HAS BEEN NO C1TI.IEH
REPRESENT AT J ON EITHER DRAL OR wru TTEN THAN TIIUSE M(llJl:: 1 N TH IS
5Ti'\TEMENT.
PLEASE" WE HUS,. HAVE 'l'BIS FILLED OOT COKPLETBLY,PROPERLY
AND LEGIBLY. THIS FORM IS KEPT HEREIN C1l1H SAFE AT ALL TIMES
AND IS OSED PaR OUR HAIL LI S'1' PURPOSES AND AS At-I 1 N!;TRUMENT
Tn ATTEMPT COMPL.IANCF WITH FL SS.7'''1.ALSCli: WE HAVE PRIVATE
SALES SOLBLY POR PERSONS THAT FILL OUT TB S PORM,
PFR J OD J CALL Y THr~(JI.IGHnIJT THF YEf.IR ~,"Il1 SEND 0\ IT r.(-\Rn~~. r-OR
THAT PURPOSE. ALL UCPORHATION IS HELD 1l<< CONFIDEftCE.
<SIGnED JlAMR> _ __
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FLORIDA
ST ATE FIRE 1\1ARSHAL
The following is a brief guide on the illegal sale of fIreworks and sparklers in Florida. Refer
to this guide when determining whether a person selling fIreworks or sparklers is violating the
law. NOTE: This guide applies onJv to those persons selling fIreworks or sparklers to the
general public.
1. There are two types of retailers that will be selling sparklers to the general public. They are:
a) Regular Retailers - these people sell sparklers to the general public from a fixed place
of business throughout the year. For example, convenience stores or supermarkets that
sell sparklers are regular retailers.
.
b) Seasonal Retailers - these people may sell sparklers only from June 20 through July
5 and from December 10 through January 2. :Many of the temporary stands and tents
near roads or parks are operated by seasonal retailers.
The rules that follow apply to both regular and seasonal retailers.
2. Under state law, all retailers are required to register with the State Fire Marshal. At the
location where the sparklers are being sold, the retailer should have a Certificate of
Regist ration from the State Fire Marshal authorizing that business to sell sparklers in Florid4
(sample certificates for regular retailers and seasonal retailers are attached as Exhibits 1 and 2).
This certificate should contain the address of the location where the retailer will sell the
sparklers. Make sure that the address on the certificate matches the address of the retailer's
actual location. If these addresses do not match, then the retailer is in violation of the law
(Source: Florida Statutes section 791.015).
3. If the retailer is selling sparklers or other combustible items which are unfamiliar to you,
seck guidance from your command or the State Fire Marshal. The State Fire Marshal publishes
a list of sparklers approved for sale in Florida. If the retailer is selling an item to the general
public that is not on the approved list, then the retailer is in violation of the law. (Source:
Florida Statutes section 791.013).
.
4. A retailer may be illegally selling fIreworks to the general public using a bogus "verification"
form (a sample of this form is attached as Exhibit 3), leading consumers to believe that if they
promise to transport the frreworks out of Florida, the purchase is legal. A retailer using these
forms for this purpose is in violation of the law. (Source: Florida Statutes section 791.04 and
Attorney General Opinion 93-26).
1 II
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FIRES C~OSED BY Fr~~ORKS
6/20/93 - 7/15/93
pept. ~ ~ Date
Clearwater Structure Fire 2500 7/3
Clearwater Brush 7/4
Clc~rwater Outside 7/4
Clearwater Brush 7/4
Clear'fl'ater Refuse 7/5
Dunedin Structure Fire 20 7/4
Indian Rocks Structure Fire 7/4
Madeira Beach Structure Fire 50 7/4
Oldsmar structure Fire 7/4
st. Petersburg structure Fire 7/4
Seminole structure Fire 100 7/4
Lealman Refuse 6/28
Palm Harbor structure Fire 1..1J..
TOTAL 13 Fires
. Fire Report:Line Ll - 63 "Fireworks I,
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Post.W. brand fax transminal memo 7671 - 01 pag.. ~
TO
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F .5. 2001
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SALE OF FIREWORKS
.
Ch. 791
CHAPTER 791
SALE OF FIREWORKS
.
791.001
791.01
791,012
791.013
791.015
Ap~lication and enforcement.
Definitions.
Minimum fireworks safety standards,
Testina and approval of sparklers: per.alties.
Reaistration of manufacturers. dis:ribu1ors,
\vholesaJers, and retailers of spar.:lers.
Sale of fireworks regulated: rules and regu-
lations.
Bond of licensees.
Sale at wholesale, etc., exempted.
Seizure of illegal fireworks.
Restrictions upon storage cf spar~:lers.
Penalties.
Agricultural and fish hatchery use.
791.02
791.03
791,04
791.05
791.055
791.06
791.07
791.001 Application and enforcement.- This
chapter shall be applied uniformly throughout the state.
Enforcement of this chapter shall remain with focal law
enforcement depar1ments and oHicials charged with
lhe enforcement of the laws of the state.
HIl1ory.-<i. 6. en, 8;'.118.'
length as t~e pellet burns Cind that oo€s not contain
mercuric trlic-:::yanate.
2. A smci-:e device, which is a tube or sphere con-
taining not mere than 10 grams of pyrotechnic compo-
sition that. ueon buming, produces white or colored
smoke as the primary effect.
3. A tric" noisemaker, which is a device that pro-
duces a small report intended to surprise the user and
which includes:
a. A parry popper, which is a small plastic or paper
device containing not more than 16 milligrams of explo-
sive composition that is friction sensitive, which is
ignited by pulling a string protruding from the device,
and which expels a paper streamer and produces a
small report.
b. A bocby trap, which is a small tube with a string
protruding frem both ends containing not more than j 6
milligrams of explosive compound, which is ignited by
pulling the ends of the string, and which produces a
small report.
c. A snapper, which is a small, paper-wrapped
device containing not more than four milligrams of
explosive composition coated on small bits of sand,
and which, when dropped, explodes, producing a small
report. A snaDper may not contain more than 250 milli.
grams of total sand and explosive composition.
d. A trick match, which is a kitchen or book match
which is coated with not more than 16 milligrams of
explosive or pyrotechnic composition and which, upon
ignition, produces a small report or shower of sparks.
e. A ciga rette load, which is a small wooden peg
that has been coated with not more than 16 milligrams
of explosive composition and which produces, upon
ignition of a cigarette containing one of the pegs, a
small report. .
1. An auto burglar alarm, which is a tube which
contains not more than 10 grams of pyrotechnic com-
position that produces a loud whistle or smoke when
ignited and which is ignited by use of a squib; A small
quantity of explosive, not exceeding 50 milligrams, may
also be used to produce a snlflll report.
791.01 Definitions.-As used in this chapter, the
term:
(1) "Distributor" means any person engagec in the
business of selling sparklers to a wholesaler.
(2) "Division" means the Division of the State Fire
\i1arshal of the Department of Insurance.
(3) "Explosive compound" means any chemical
:ompound, mixture, or device the primary or common
Durpose of which is to function by the substantially
Instantaneous release of gas and heat.
(4)(a) "Fireworks" means and includes any com-
Dustible or explosive composition or substance or com-
Dination of substances or, except as hereinafter pro.
"ided, any article prepared for the purpose of producing
3 visible or audible effect by combustion, explosion,
jeflagration, or detonation. The term includes blank
:artridges and toy cannons in which explosives are
Jsed, the type of balloons which require fire under-
1eath to propel them, firecrackers, torpedoes. skyrock-
:ts. roman candles. dago bombs. <'!nd ilny fireworks
:ontaining any explosives or flammable compound or
3ny tablets or other device containing any explosive The sale and use of items listed in this paragraph are
5ubstance. . pennitted at all times.
(b) "Fireworks' does not include sparklers (5) "Manufacturer" means any person engaged in
3pproved by the division pursuant to s. 791.013; toy the manufacture or construction of sparklers in this
)istols, toy canes, toy guns, or other devices in which state.
)aper caps containing twenty-five hundredths grains or (6) "Retailer" means any person who, at a fixed
ess of explosive compound are used, providing they place of business, is engaged in selling sparklers to
3re so constructed that the hand cannot come in C{)n- consumers at retail.
act with the cap when in place for the explosion; and (7) "Seasonal retailer" means any person engaged
oy pistol paper caps which contain less than t\yenty in the business of selling sparklers at retail in this state
1undredths grains of explosive mixture, the sale and from June 20 through July 5 and from December 10
Jse of which shall be permitted at all times. through January 2 of each year.
(c) "Fireworks~ also does not include the following (8) "Sparkler" means a device which emits showers
lovelties and trick noisemakers: of sparks upon burning, does not contain any explosive
1. A snake or glow wonn, which is a pressed pellet compounds, does not detonate or explode, is hand
)f not more than 10 grams of pyrotechnic composition held or ground based, cannot propel itself through the
hat produces a large. snakelike ash which expands in air, and contains not more than 100 grams of the chem-
1181
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iC2; ccmp,::une w/-,ich produces s:arks upcr: :..;mmg.
;',Oi',' s;)arkler that is net a;:provec :',the division !s clas-
sif,ecas fireworKs. .
(~) -\\'holesaler- means an',' :erscn enaace;: in the
cUSlress cf sellin!:; s:ar~:!ers te a retailer. - -
E7~~'~~~;"'~ c.:, ~z~.:.:: ~S':. ~ ~. r..~. :'"'.:::~ ! ~. C"l e.:.:-:- : . c'
791.012 Minimum fireworks safety standards.-
The outdeor display of flrewor.:s in this state shall be
aoverned bv the I.Jational Fire F rotection Association
(I.JFP.A,) 1 i 23, Code tor Firewor"s Display. 1995 Edi-
tion. a;:proved by the ':'merican r.Jational Star.aares
Institute. p.,ny state. county, or municipal law. rule, or
orclnf.nce may provice lor more stringent regulations
fcr the outdoor display of fjre\\'or~:s. but in no event may
anv such la',',', rule. 01 ordinancf povide for less strin-
gent regulations for the outdoor display of fireworks.
The division shall promulgate rules to carry out the pro-
visions of thiS section. The Code ior Fireworks Display
shall not govern the cisplay of any fireworks on private,
residential property and sh,,1I not ~ovem the display of
those items included under s. 78i .01 (4)(b) and (C) and
authorized for sale thereunder.
Hislot)'.-i ',C'>. 96-~B5
791.013 Testing and approval of sparklers: penal-
ties.-
(1) A person who wishes to sell sparklers must sub.
mit samples oi his or her producttc the division for test.
ing to determine whether it is a sparkler as defined in s.
791.01. Sucn samples must be received by the division
by September 1 to be considerec for approval the fol-
lowing year. On February 1 of each year the division
shall approve those products which it has tested and
found to meet the requirements for sparklers. All
approved sparkler products are legal for sale until Jan-
uary 31 of the following year. The list of approved spar-
kler products shall be published in the Florida Adminis-
trative Weekly and shall prominently state the dates
between which the products may be sold. The division
shall make copies of this list available to the public. A
product must be tested and approved for sale in
accordance with the rules adopted to implement this
section. Beginning February 1, 1988. only those prod-
ucts approved by the division may be sold in the state.
Iht: Slale Fire r.1arshal shall aaop: iuit:S ae~cribn~ lhe
testing. approval, and listing proceoures.
(2) Any person who alters an approved sparKler
product, so that it is no longer a sparkler as defined in
s. 791.01, and subsequently sells the product as it it
were approved is guilty of a misdemeanor of the first
degree, punishable as provided in s. 775.082 or s.
775.083. Any person who fraudulently represents a
device as approved for sale as a sparkler product when
it is not so approved is guilty of a misdemeanor of the
first degree, punishable as provided in s. 775.082 or s.
775.083.
(3) For purposes of the testing requirement by this
section, the division shall pertorm such tests as are
necessary to determine compliance with the perlorm-
ance standards in the definition of sparklers, pursuant
to s. 791.01. The State Fire Marshal shall adopt, by
rule. procedures for testing products to determine com.
.l..)
~ :2.nce with :r,:s chapter. The division shall dispose of
a;\' samples ....nlch remain af:er testing.
H.Slory.-5. 2. c:- :-.~ "E. s. 21, en. ~~~;s. s 12:22. co; ~7..10'2
791.015 Reaistration of manufacturers, distribu-
tcrs, wholesalers. and retailers of sparklers.-
,-;) REGIS,FATION F,EQUIREMENTS.-Anv
r,anufacturer, distributor, wholesaler, retailer. or sea'.
senal retailer of sparklers who wishes to do business in
this state or te otherwise sell, ship. or assign for sale its
products in this state must register annually with the
division on forms prescribed by the division. Any
retailer who sells sparklers at more than one retailloca.
tion may submll one registratIon form lor all such loca-
tio'1s but must provide the address of each location with
the registration form; however. any retailer may submit
multiple registralion forms.
(2) REGISIRATION FORM.- The registration
form filed with lhe division must be notarized and must
include the following information: business name;
aaaress; tele~hcne number; officers, if the business is
a corporation; and an indivicual designated as a con-
tacl person.
(3) FEES.-
(8) Each manufacturer, distributor, or wholesaler
must pay an annual registration fee to be set by the divi-
sion not to exceed S 1,000. Each seasonal retailer must
pay an annual registration fee to be set by the division
not to exceed S200. Each retailer shall pay an annual
registration fee to be set by the division not to exceed
S 1:: for each retail location registered. Each certificate-
holder wishing tc have a duplicate certificate issued for
one which is lost or to reflect a change of address shall
request such duplicate in writing and shall pay a fee of
$5.
(b) Revenue from registration fee payments shall
be deposited in the Insurance Commissioner's Regula-
torv Trust Fund lor the purposes of implementing the
registration and testing provisions of this chapter.
(4) RULES.- The State Fire Marshal may adopt
rules prescribing registration forms required by this
section.
Hislcry.-i, 3. en, S7.' 1S, s, 37. en, 89-<3.:, s, 21. ell, 2~70.
791.02 Sale of fireworks regulated; rules and regu-
lations.-
i 1) Except as r,ereinafler provided it is unlawful for
any person. firm, copartnership, or corporation to offer
for sale. expose for sale, sell at retail, or use or explode
any fireworks; provided that the board of county com-
missioners shall have power to adopt reasonable rules
and regulations for the granting of permits for super-
vised public display of fireworks by fair associations,
amusement parks, and other organizations or groups
of individuals when such public display is to take place
outside of any municipality; provided, further, that the
governing body of any municipality shall have power to
adopt reasonable rules and regulations for the granting
of permits for supervised public display of fireworks
within the boundaries of any municipality. Every such
display shall be handled by a competent operator to be
approved by the chiefs of the police and fire depart-
ments 01 the municipality in which the display is to be
held. and shall be of such a character, and so located,
1182
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F.S.2001
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::isc:-:arae::. or ;,rec as in the o~inicn cf ,he chief of the
fire cep-ar:men:. aHer ~roper insr:'ec:lcn. shall nel De
nazardous :c ::rODeI1V cr endancer ar.\' Dersor.. .<\coli-
catien for ~ermlts shall be made ir. wr'lting at leas: '15
days in ac\'ance of the cate of the dis~lay. Af1er such
privilege sr,all ~avc bt:en grantee. sales, possession.
use, and distritution of fire....orks 'cr such display shall
be la\'.1ul for that purpose only. Nc permil granted here-
under shall be transferable.
(2) A sparkler or other product authorized for sale
under this churter may not be sold by a retailer or sea-
sonal retailer unless the product .....as cttainec frcm a
manufacturer. distributor. or wholesaler registered with
the civision pursuant to s. 791.015. Each retailer and
seasonnl retailer shall keep, at every location where
sparklers are sold, a copy of an invoice or other evi-
dence of purchilse trom the manufacturer, distributor,
or '....holesaler, which slales the registration certificate
number for thE p<lrticular manufacturer. distributor, or
wholes31er and lhe specific items covered b}' the
invoice. Each seasonal retailer shall. in addition, exhibit
a copy at his or her registration certificate at each sea-
sonal retail location.
HiS10ry.-5, z. Ch :-.)ol~~. H:;4~; S '. en. 61--31:'. S. 4, ch 87.' 18;~. ':::3. C!1
P7.'~
791.03 Bond ot Iicensees.- The board of county
commiSSioners shall reqUire a bond deemed adequate
by the board at county commissioners from the
licensee in a sum not less than 5500 conditioned for Ihe
payment of all camages which may b€ caused either to
a person or to property by reason of the licensee's dis-
play, and arising from any acts at lhe licensee, his or
her agents, employees or subcontractors.
HiS10ty.-$. 3. en.~. 19041: s, " en, 61-312. s. 'Z24. ctl. 97.102
791.04 Sale at wholesale, etc., exempted.-Noth-
ing in this chapter shall be construed to prohibit any
manufacturer, distributor, or wholesaler who has regis-
tered with the division pursuant to s. 791.015 to sell at
wholesale such fireworks as are not herein prohibited;
to prohibit the sale of any kind of fireworks at wholesale
bet.....een manufacturers, distributors, and wholesalers
who have registered with the division pursuant to s.
791.015; to prohibit the sale of any kind of fireworks
prcvided the ~?me are to be shipped directly out of
slate bv such rnanufac:urer, distributer, or wholesaler;
to prohibit Ihe sale of fireworks to be used by a person
holding a permit trom any board of county commission-
ers at the display covered by such permit; or to prohibit
the use ot fireworks by railroads or other transportation
agencies for signal purposes or illumination or when
used in quarrying or for blasting or other industrial use,
or the sale or use ot blank cartridges tor a show or lhe-
ater, or for signal or ceremonial purposes in athletics or
sports, or jor use by military c r;:: - Izations, or organi;:a-
tions ccmposed of the A,('i7,::: =orces of the Unite<:
States: crovided. nothing in :- ~:hapter shall be cor.-
sirued as jarring the opera!:c- ~ :i manufac.urers, duly
licensed. from manufacturin~ ,:; .:oerimenting, exploc-
ing, anc storing such firewcr- ~ I their compounds cr
proving grounds.
His'ory.~ 4,(;<',. 2044~. 1~1: s, 1,::- -;'.2-;: 5, 5. en e-;-,'1e,
791.05 Se izure of illegal fir~ works.-Eachsheritf,
or his or her appointee, or any ,:::-Jer police officer, shall
seize, take, remove or cause :0 b€ removed' at the
expense of the owner, all st:,: .~s of fireworks or com-
bustibles offered or exposed I:' sale, stored, or held in
violation of this chapter.
HI5Iory.~. 5, C'1, :'0445. Hl41; 5.'~ ,=", :7.102,
791.055 Restrictions upon storage of sparklers.-
(1) Sparklers shall not be s:o:;red or kept for sale in
any store:
(a) In which paints, oils, cr. amishes are manufac-
tured or kept for use or sale L;-:ess the paints, oils. or
varnishes are in unbroken cc.:ainers.
(b) In which resin, turpent:r:e. gasoline, or ffamma-
ble substances or substances which may generate
vapors are used, stored, or cfered for sale unless the
resin, turpentine, gasoline, or SJ:Jstances are in unbro-
ken containers.
(e) In which there is not at least one approved
chemical fire extinguisher ready, available, and
equipped for use in extinguish:~g fires.
(2) When sparklers are in storage to be offered for
sale at retail, a sign shall be ccnspicuously displayed
over the entrance to the room ir. .,...hich the sparklers are
stored, which sign reads: .CAVTION SPARKLERS-NO
SMOKING." No person shall toe in such rOQm while in
possession of a lighted cigar, cigarette, or pipe.
Hi.,o<y.~. 2. ctl. 84.~1. .
791.06 Penalties.-Any fi(;";1. copartnership, or cor.
poration violating the provisions of this chapter shall be
guilty of a misdemeanor of the first degree, punishable
as provided in s. 775.083 or. in the case of individuals,
the memoers of a partnershi;:: and the responsible offi.
cers and agents of af! .associa!K>n or corporation, pun-
ishable as provided in s. 775.C'82or s. 775.083.
Hi.,ory.~. 6. ctl, 20<<5. 1~1; 5, 75€. ::::-. 71-136,
791.07 Agricultural and fis h hatchery use.-Noth-
ing in this chapter shall pror-:'::it the importation, pur-
chase, sale, or use of firewcnw;s used or to be used
solely and exclusively in frightening birds from agricul-
tural works and fish hatcheries; and such use shall be
governed entirely by the rules prescribed by the
Department of Agriculture anc Consumer SelVices.
Hi.1ory.~.1.ctl, 29780.1955:5. l.e:"_ ;'-336;55, 1.,35.C'1. 69-106: s. 1. dl,
82. 1 0!1,
1183
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lwaine Booti": - Re: F'NC:: 1/2'3 BCC Work Session
.
I C'dt:; L. ;
July ~, 2002
GALLAGHER: CELEBRATE THE FOURTH OF JULY SAFELY
TALLAHASSEE -- Floridians will be gathering this week in back yards and at the beaches to celebrate
the Fourth of July. For many, fireworks are part of the fun, but Florida Treasurer and State Fire Marshal
Tem Gallagher warns fireworks should be left to professionals
In Florida, only sparklers are legal for nonprofessionals to use. Every year. the Division of State Fire
Marshal posts a list of more than 1,000 le;al sparklers, and thIs year more than 218 new products were
submitted for testing. More than 196 were approved for addition to the list
"Where fireworks are concerned. it can take only a few seconds for a tragedy to occur." Gallagher said,
The U.S, Consumer Product Safety Commission estimates that in the year 2000 about 11,000 people
were treated in hospital emergency rooms for fireworks-related injuries, Half of those reported injured
were children 14 years and younger. The most common injuries were to the hands, face and eyes, Ten
people were reported to have died from their injuries,
Gallagher said a key to safety is: If it launches or explodes, it is Illegal. Illegal fireworks include shells
and mortars, multiple tube devices, Roman candles, rockets and firecrackers, Also, Gallagher said, do
not sign a "waiver" to buy fireworks, A waiver will not clear you of responsibility should you be caught
using them.
Sparklers also carry a risk of injury. When lit, some sparklers can reach temperatures bet\veen 1,300 and
1,800 degrees. more than 200 degrees hotter than a butane lighter.
. Here are some other safety tips to keep in mind:
. Use sparklers and other legal novelties on a flat, hard surface. Do not light them on grass.
.
. Use in an open area. Keep children and pets at least 30 feet from fireworks,
. Light only one item at a time,
. Never attempt to re-light a "dud."
. Do not use any items that are not wrapped or may have been tampered with,
, Have a fire extinguisher, hose or bucket of water handy for emergencies. Drop spent sparklers in the
bucket of water.
. Do not leave a burning barbecue grill unattended.
, If it takes less than 30 seconds to hear thunder after seeing lightning, move indoors and stay there for
at least 30 minutes.
To see the 2002 list of legal sparklers, visit the Department of Insurance web site at www.fldoi.com
<httpJlwww.fldoLcom> and follow the prompts for the Division of State Fire Marshal.
###
15
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'c ::,'."':
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..... ..35.' ,......
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,-
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"SO 3
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................1.....
"...,,,,,, lei
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...... ,..... :~Q
1
'lIJ~ .,., ,.. '",.. ....'1".,. "",,-'\ ~... ro-.rn In ~ U rftOU'9I:'I 'noli..", USlICa"...l ~YlI;'~"':rl ea..1DYV'lI h
J:.&I';': ",'9 ~.-uI.:'N ''If'L'llClt''.'''.s -.. ....~~U.l~,.., ,V'lr.r~"\"'IfIU~.......,..,~~a:..IP.. '.""
!,..a .....~.;~ 1oow..PQOo..H~\...""tt!:...J'O.. :....UI"Ie.a;......" ....,.."...I~ .UlK'lcnt L..,~;""J:'......,..,.."'r'l\U'~
~~'Y'W;uwn.s.r."""~"'~."II~~~P'~tfl""l'l wU"'\I\I.S lr"~
SFPA IOllr:la! )'l.\'." \mr ~"'.
iABLE 2
DE:lj:iS .~SSDC:Aj'cD WrTii FlREWOR:<S lUC:DENiS
1980-94
YCJr
EstimJted C:villan DeJths
in Fires Reported to
11.5, Fire DepJrtments
Recorced on U.S.
DI!Jth Certilic;Jtes
';!rC
~ t! g ~ ..
.~o='" .
, ~.J3:?
. Ug,:
, ;]35 .
"nw.;
. ~?S;-
;'!8~,
i~~~?
!r-~C ..
~ ~ ~:! 1
.".l
"~?0: ..
~ ~}93.
., :c
, ~~, I.:
.;r{ 111" 1'&. .
,!'>"''':.'~. .....:.
......, ...'I......h.I~" -".I,..,,:...-uf -~~...t, ...;;.""~t::J,
.J. 0; '1.~'. 'j.H :~,.....
',).;~ 'H~.'H;;I.'" :J.:>.l . ',.j! ;~.
:"~::(:; ,t::-:,~,~:,' .t:::1~er~tn~::~~ ,l~ :::~n .l:; :.~C\'''~~' t",::{)" C:. ~e.::>; .ill :::r
. '! .
'(":-:'..1::' :::~'.:'::"~ J:ld "':';:'::"~:',':..' :.'f(:.r't':r: ,L'~~ :;:.~: :(":'.:: '':':~:'" ':'=.lI" .l:-:~:.'
:':-t\1:: ::::~ :::::_"'.tided ~lL::';::y.l':~~ ,)niy ]c::~?::::~:; ,:~i.:e \\'.1~': . ::1jl'!" 11n:-
',\'I)I'k.~ ;~ 1: .: :1\lbiiL :i:~~',\',~:-:z.: .::~t)la" ~..~::~'~:~:e~: ::: .1L':2:-._:,1~C~ \\;:;&
:\FP.\ :: ~.;, .::.:'r,..:~'()r{:: :.- :,.~:,;~. _\.n::t:llll~ ::~e :0 .1 ':iOlatiCI: ::' :ne Inrc~-
::arj,'!ui ::~:~ :\ Lmil:lis . \.: ,,:C:;i::O!l 18 L \';, ~ I,)':::: F~c'.\'(:~~i LII\',
,.5\.)
Fires and lll~~cs .:ansed In'llreworks
('n .1 :::;':~':: ;'<JIlIth ,)[ "',:'::: :ldi~a:'. :irew,;rKs (.n:;c :nore ::.~c~ in :::::
\:nird Sr.::::; than ,Ii! "t::::~ ~:it:~es 0t'tire Jr. ciut day ,,:ci:::-ineQ. Bll:
bt~:.n:~l~ :1:(~~ .\1l1eriL~1:1~ ':::~:l\l:1tC:- :~1e :-i~k .)r' :in~"vork3 -::-j,; ,)nc~ .:
~"f\l:l :~i.l:::; .:~.':1't re:dize ::c\,,' :::-e;lt ~h:i: :-isk :::. ?~lrJ~:1.1ar;:' ::: r ':~li1drc:l.
',\'ill) ~tlr:~: :::::sr tr0t11 :1:,..= "\'ll:e~~re~c privJte t:::c Jr~ :irc',\'(':~. both :l~
,,~,'
, , . . .
;:'~~:arc'r3 ;ii:,:, :OD lllte:;. 1S ,IC::!\'C plrtlcTanr::.
hl')ll", .1:: ::s..:m:llcd :J,~CO rircs :m.()h~:1[! :i:-cworks wc:-~ ~c::'l)rrc::
- .
'.'~' :~:.: ":e:~ar~.lllc::::. ":~:: '!.ible :." .r::e::c :::'e~ \\'C:'t ~:::::1~:tcU ~..:
ha\'c ~:i1c,: ~-:- -::\'ili:lIls. ::.it::-c,; :U1orh::r ~;-, ,u:ci -::lU,ed 5':".3 millicll
ill dirc::: rrD~crty ,hma!;e.
In :-c..:::::: ::eJrs, !lre.\"0:~-n::lted :ucs ~J.\.e ~;DiL:tll~' L':t:s~d .it leas~
320 :l:illic':: ::, proFc:-::-' :0::5 .l:Jnu:illy. 1 5t:Ds::mta1 siu:c :!' '.\'!1ich :s
,~nne ~\' b,:::j~ rockets ,1:" Jtne: :~c'.\'orks :-oc~:e:s.l.;ll~)l)7". :r.::~c lle1.i('e~
. ...:~
.::-:
"l::
;lnlVCC: ,:C,h:::,'. ,IS wcll. Four o)C~'Jpal1ts 1)f.1:: :\rk:l!lSaS hOi:::: werc :'e:-
:il1~ JU- rl;c.....ork.' on I!l~c?c:1Ge:1Ct: Day nigl1t wi::::: a rod:e: LJ.micd Oil
.i cOllcn or. :,';.e porch, ig,.i:.i.::g the cushior.. The 0CCUp:U1t3. who'd Dee::
drinking, k::cw thc rock::: ilad landcd on :,';.c couc.~ but .iici:l't think i:
:laJ bCC:l '':-ccred. Aftc! :nicinight, the fire spread tfO::1 :'1:: couC:
~roughot:: :.:;c sm:ill S~'l.:.:t'Jre, dcstroying it .l.'1d killing Jr.e of the:
occupants, wnosc reac::ions :nay ha\'e becn impaired by alc::r:oL
The san:e day. a bottle rod:et that lanced in or nca: 1 ~oof gutter
:gnitcd .1 ~t:?iex in :-Jew York. ~ire spreae to t!lC undc!sice or- the roo:'
md throu<;~l the wood shJ.ke shingles that were laycred 'Jnde! the:
asphalt sr.il1~lcs. A 31-:.ear-old fireiighte~ died or- smoke :nhalation
while lighting the blaze,
Ofca:::3c. deaths due :0 fireworks-rda:ed fires and dead1s diredy
..:aused D\' ::reworks arc:1't the same dung, Fire'Norks c:u: start tires
that suL-se.:'.:e:ltl\' (mse de:lths, and fireworks cm kill diedy, with-
...~7
18
.
-~~"''':;~~~~\;
..--......-. .\
- .. -~, .
i
.-
.-\
,
.
.
i
i =:mJiiE:
" ~
,~
::i1E'//ORl<S INJURIES RE?ORTED TO HOSPITAL Ei\lE::iGENCY ROOf\lS
15.9
11..1
12.5
p~
~.:l 7.6 3.3
10,9
7,3
11.0
7.1
,3.::
:0
8.1
.\.7
o
"0"'.
I...'''''
198.1
..::~e' ;:..:;- . .::.~ :: . :.::? ,r.: ':01;; 'GS~ 'J . ~'~~:. 'J;:::~ :r '!$::;.,:1:~~ :: .:'\~"~ ";:"fC:':',; -: -:..~.::;C:":S :>=:-,'....~'~ :-...1.....::. ':'!j :et...!'e". ~J:1": :"'1 :'IJn'j. :\'lJICt!" .'? : ':J:'Ji.JI E:t.'C:r~F\f;; ........(., .:(;....t'!.!J.":::~ :;,r.tl't'"! .'.1 :s.:'
1976
19BO
1973
19B2
FIGURE:
RIS;( OF ~ ;S7 ,=:REWOR:<S iN';UF,': 3': ..\GE GF 'JlC7:i.i
J
:6'$-
1-'
0-.1
5.1.1
.15-.;.\
15,ZJ
:5-.14
";..;-:~'~! .');;. .~....;:,~,~ ....~! C~t "!'J.:~"J :t'~1 j':'';:!~::'.' It':: 't::::,!'.) '~~l':: ~::~: ,:'l'\lrI"S .~. "J:'"." '..t ~'. ,'1
.-'00 ~"':." ::'J':l :!I"'.,:: ~:~;=! '.:.-:.: \C:.. s ':.:!'\~..~ :'..'C.lJ
r
I TABLE 3
1997 F:F.EWORKS INJURIES 3'f ..l.GE OF VICTiM
3% 45-64 YEARS
33% 25-44 YE.i\RS
25% 15-24 YE.~RS
,....0-
~ 1,'0
=..; J Y=:.\i1E
~~.-----......'-.,
\
. I
~.' ,
iC,o
0-4 YEARS
i
t ~"J1J'C~ :..~!"c \i:.,i,"l'!: ~I'\I':: ~""JfY $u:-o,.I>.,J,'Xl'! ;:.r,t":". ~IL::
...
0t:t ?:0Ct:c:ng .1 ::rc th3t :equires ;l :ire Jepar:ule::r ~esFGn~e. Taolc 2
5b~II'5 sr:itZsriC5 .)n bod: ~:Fes :)r' :ire'.l'orks-rebrei ,le::r::s :or 1 ~lSO
d:r')u;h 1 ~q.:. W~iC:l is the ::1tCsr ::ear :ix which borh types ,J:' ;taris-
tic5 l:e ~':;lib~le.
:"!r.~t :::reworks-related :::iuries (:on': :11\'oi\'c rires dur ...:e re;:.ond
. .
to :ire dep.l1.mc:1tS. In 1 ~06. :'Or ex:unpk, ~n ~srimated ');- Gvilians
were injured in reported rues cat:scd by ti.:-eworks. but Ereworks-
r~be:: inj~rics repoTteli to hospitli emerge::cy rooms .uene tot:llcd
"7,300, Other iireworks-rc!:md injuries, such .1S those tre:ltd in doc-
tors' of.ices or ,l[ ilOIIlC. aren't aoc'Jmenreu in lHY nation;tl database.
!Jut t~e::'d 5ure!y ?u5h the ~otai t:'len higher.
1:1 1 ~'?;-. ~n cstimatcd 8.300 people suffered tire'xorks-rdatcd
injuries serere enough to require treatment in hospit~ ~~ergency
rooms. ac~ording :0 the National Elec:ronic Injury Surveilhna: System
(i'iEI5S) of the U.S. Conmmer Produc: Safet)' Commissio:1 (CPSC).
CPSC ilia upcated its ;amp!e of emergency rooms :md es~ated that
r}:e :1C'.I' sarnple would hal'c produced .Ul estimate of injur:~ 3.33 per-
~e::t :o\\'er 1.'1 : ll9(, than the 1906 numtcrs showed, Figure: 3nows the
9.0
9.7
1986
1990
199.1
19961997
1988
1992
./
-J.
}
::-er:d ill :ircII"orks-reb tcd injuries reported ro emerge:lcy rOOlJlS since
::J:- .1. wit.1 sr:lt:stics lor 19') ~ :0 1 Q06 shown both ~s they wcre reponed
~r:c .lS the:;\'e bccll.ldjuste.: w tit with the new sample_ CPSC also
rd.iustcd :he tlgme5 I~.)r 1 \lSS :0 l~~lO, but :b:se !'e:lrS were already
lc.iusted lor ;Ul earlier sampii::g '::::Ulgc. 50 those ad.iustme:m, which .ue
small .ul!way. aren't shown :n Figurc 1.
:,'lost iireworks injuries im'oive children. particularly school-aged
.:.i1ildren (see Table 3). The relative risks by age group don't c!eJrl!'
show whJt past snldies have shown, which is that children 1ges 10 to
1.1 are at the highest risk. wi6 oldcr childre:1 ages 15 to 19 close
behind, In Figure 2, these tWO ;lge groups arc indistinsruishablc from
c:ll1dren ~ges 5 to 9 :l11d :tcnlls Jges 20 to ~4, respectively.
':vlale victims accounted r"or roughly thrce-fourths of fireworks
injuries. Among adults ages 4S ~o 64, however. women accounted for
1 :1:lITOW majority of fIreworks injuries.
Tr.e CPSC conductcd 1 detailed analysis of fireworks-related
injuries in 1 ~97 in the one-month period ,trollml July Jth. In J typo
:c:U year, two-thirds to t.tu-ee-rourths of ;ill fireworks injuries occur
19
.
. '"'
_. --..or"...
:,lavi1unc >)<;1Q NFP_,\)ournal
115"- -
.' I
.
I
I
I
1
i
I
i
i:
"
: : ~ ~
'''I,
/. ,~
: i ~; i
,i.':;
I',
:! ~ ~
': ,
:11:
,:Ii
" ,
iill
.,,1: ,
,jl'
u i
iii,
;:111
;!li
Ill'
if I':
1/
I!li
II
II,
, I'.
I ,I
Ii:,
. ",
i :
II
-':SlE ~
i 997 ~:RE\'JORKS INJURIES BY T'fPE OF FiRE:NORKS-
70~
JO:
200 c
16~0
1000
80 c
5"0
'"
.. 0
JOo
30J
1'0
1800
ILLEGAL FIRECRACKERS
Si.1ALL FIRECRACKERS
UNCLASSIFIED F1RECRACKER,,/---' \
FIREWORKS ROCXElS '.
SPARKLERS \
FOUNTAINS \
NOVELTY DEVICES
ROMAN CANDLES ~
MULT1PLE- TUBE DEVICES OR SHELLS I
PUBLIC DISPLAY i
HOMEMADE OR ALTERED !
I
UNKNOWN i
!
I
I
../
. :: ": ..',.: ~
:-r.:".<:
~ .'. 'f - ',:. _.
',,";~'_-:::,."'<.: R..~, :~_.~':~
, _w' .
---
,~
i T.\BLE;
1997 r:REWOR:<S INJURIES E': PM11 OF BODY INJURED
3500 HAND OR FiNGER
130'0 EYE ,,~,
220;' OT~ER HE:J.~. F:~C::. OR NEC:<"~ '
1000 LEu OR KNE= ~.'~ \,
700 TRUNK ~, i
500 ARM OR E~30W ~N
20~ FOOT OR TOE ~.....~
000 MULTIPLE PARTS ~
'.[~ ~1'~ ...i"':: ;'''1, ':~'1J'r~ :;:<:: .u':.:..... t ~t~~.: .....\"."'\ ..:....,~.,i.:;',~~ ;.'::~!"!'. '0.: ~~':
..~
! TABLE 5
1997 ?lREWORl<S IN.JURIES EY T'fP!: OF INJURY'"
58% BURN ,..--.......
26% CONTUSION OR LACERATION \
2% FRACTURE OR SPRAIN i
14% OTHER !
~ ...... ~ ~-::.: .....11:: :,",:'\ ':oL.'l':~. :;S: ~.J'):r..!. E!ec~:C",; ','7":-' .';..'f\~:;tJ..'>\.:l! .:,~:t T'i ..~ ;:, j
~ J
iu::..r:g tn:l: :irne. II: 1 ?9:-. 6'? ?e:ce:1: tOl':":' plJ.c: :~en. Ti-:e rc:nai:l-
:n~ :::jurics m::t 'x:::r lt or..:"e: times Jr' t.~e ::C:l: rcHeer, in ?a:l.
ce:::ll:l ic.::1l traditions, 5Uc!1 lS the use or :i:eworks auring Christmas
and :\ew Year', n:nionilly, the C:unese :\ew Y~ar in some :ucas. and
yIarci Gras in plrtS oi the Sout::.
What kinds of fireworks causc thc injuries?
A totli or 3 ?e:c~r1t U1 In,iurics--.md 10 pe:ce:,.t of inju.:.-1P-S invoivil:g
fireworKs 011 ;.;r;own ':'Pe-i....wolvcd :ircwork.; :lm are illegal uncle:
redcrli law, including homemace or ~Jte:ed dc':ices, which accounted
for 1 percent, and illezallv large firecrackers, whic.~ accounted for 7
re:cc;t (see Table 4), Fitt;'-on; ?crcem ofinjuries-.Uld 61 ?ercent of
in,iu.--:es ir,:oiving ::a-eworks of a known t::pe-:r..vclved fire',yorks that
re ?~:rni::ed 'J:1der i'cceral !:1w. :,ut :lOt illowd under IBL-\'s Iong-
st:u:ci:1g :rIode! F:reworks L.1w, Erecr:Jcke:s of 'mdeter:nined si::e
.\'FP,',!O::=:1al :.b\':~ll:1~ l\;':\;
Fireworks Injury Toll for 1997
-r::e ~~~:-.:'~.: .;:.~:'~ l:':'j,~- :::_".\'<_:-:.~.: ::1;~~:-::"': ~:~Jre~:::1 ~::::::":-
. . '. .. . ..
;'::1(:: :,',' :::: ~::.: 'l'''C.~ ~:::.' .:.~:"'\:. 's::: r. ,': ::::''':'';". .i:1....: ~:::'.:::'''''
"r' ~:::~. ...::~:: ~~.:~.'.::1:~~: : : .: ~ -:.::-..::::::: .,:' -:::: : .:~: :~'..:::::-::- :.:
:r:.l'.:.r:es. 'r>.~': ',\'.::-e :'{)i: ".'. .~_: ':.,' ~t:.~~=-:e~ :'.:' :r..~ ''::;~. '.1(;:'~'.::-.::::;;
:::: l~ ;'~::-"::-':::. ':. n:::=: :-.:..:':' :" ::.e :J:~. ::~.:\.:. ')r :-:~.::,:.~::
. .
F~~:~:;:::: ::.': :::~ >:; I::' ~:"~~':. :~. :.'e:..:~:::; :.:::: :r:.;::..k. :- ;"lC~::;::::
tLe .1I:11 ,':- :::1)\';, = :'~:,,,::;:'.., .:::~ :::~ :~"'(\t ~:- ~()t;. ~ ~"e:-~-.;:::
\ oe~ T.lt::: : '
_\: 5~ :>::.:::::t. ::1:: :~;"~~: :;:~t:-~ ,-:r' :l~\.~- -::::e:;~::LY-:-=-'-:::
. \ . .."
:::~'.\'I;rx.: :::,~'_::::'>~ ~r~:': .:::~ ::- ~1l::~5. :0:..:_....\'~;.: JY ':L"'lr~:-'...:~:(r.~,
.. , . ., .. ....
.l~":-J~ll~r>. :: _~:(:::'.:t. :::::. ..\.:::....:: .l("-"~:L:::rc..: :,~r _t.' ?e:;::::::::
:.r:\(::::-~~' ,~':- ~'2r:1i:1S. ~ :~~:-.::::::: .1:iLl ,It!:e: :;-.it:::es, 1..1 :~::-c'.:::t
i ~ee TIl::e :
~(..::: l:::t..'i :',. r ~r:. :_'e: ":~:1: ~: .::.:;:':::;~, .':' ,:.: ~"_.:- .:::::: ::' :I:.iur:.~~ :::':,~,"'l:1:!
. . '.
:1:'e',\'CL!.:3,.'l: .1 ::'::I~\\":: !~,::t:,
E':e:l :,'l:::i~ ~:i~t;:.ir5 ,.):' :::.....;. !"~2 .::~:n ~t:.l~ :~-::. ~~:~e::::i.li!:t'~ ::~~!l:.:~:..
. . . ."
~U":~1 ji~~,L.~..: .~~:,:-..:nt~:.: :-c:- _~ ::~~'c~:1t .~r" :::~ ::1.iu:-:e::: ::1 1 ~(::-. .n J
~_..~:.c~::t \)1' :!:1L::-:e~ :11\'(11\":::": :::::'SO:'k2 ,:)1' :"::.(\';:: ::"~'e. . \ ;r:::: ~'::lIn-
. '. . ..... t.... .
~~e or t:1e :":'I:~C~:i.1C:1Le~ :': :.I.:DllC :l:-~'.\.<.':-k.: i.:lsPl:1VS :r:.:: .lfen:
. .. . .
, . .. . \ .... . .
~JI~~uc:etl .~~.:_'r~:~::~ ILl ~~i:t':~: :'rOL:.:c~res )~':'.lr:-e...: :~1e :~:;:--~: :;e!ore
bLie:.'e:llie::':~ ~l\' l~l():- ::: :::':::,~is. '.\'~C::J .1 :irc'.l'Orks :o.::.;~t :nis;:rcci
o .
.1:1L: bndeG ::1 :he ::lids: ,~.:' :l:=~l~ :irc..\'orkE. :;niring :h~::1 ;lIt Or:e
::1.111 ',\":1S ~le~ ::1 lh:: ~::~~l."~:..)n and ;:asu:n~ :::e. :ll1C ':"S~) othe~;
..:.lu~ht :11 :::~ ':; ~J.st '.\'c:e ::::-o...~;:: it: to 1 :-i\'c:- .l:':li dro\\'ne',,:. L\)cll rire
.)rzl..::als :n\.::::~:;:lt:::d t:":e :::~:.:~::r ..\"iL~ )uFpl:r: ~rC)n1 :.0'.1: :~;':L~ Jlhi
:eJe::ll :1ge::(:e:.;:. \iC',\'S l"::':'.JU:::S re?orte~: :"~Jr J large ri::r :cr )(u'c~:
. . ", . ..
'::()i:~t:cn~ ',';.:~ .~\::el: ,11: ~:...c ::r::i.
'r:1c~e :::;'':~~~ ~~eariy 3::~\\' ::~at sutst.u:::.l.~ :)n)grc~~ .,. :t:~uc:n~
~he :ligill!1:1:::": ~oU ()f :l:~'s,;:k5 injur:c~ .,\-::1 require recuc:ng those
injuries c:lusec ~:' :::reworks :'1;)': lfen'r ':o\'ercc 'J:' CUr.C:1t :'eie:alla\\'.
'I'Jr.".;\' "I"~"';~'J' -II" ~..;<.;",::- ;^\\' '\")11" "':e'" -he t:'A'\'Or~O' tbt
...... .~". ... ~_J.........,::: \,. .... ."..........o.J..~..o.1 \ t __ ..... t. .......' ....:1 ...
CJuse :nost ,)1 the !)facie:;:, rt'; ~':e:1 :Joss:c.ie t~J;lt limi:eli :aws, sue::
, .
as ~he idc::1i Law, lrc K:l1L\' more ci~:::c:llt to e:l!0r.:e' thall ,\
Sroacte: law 'souici be bee::.use u'Je e::.:stc::.:c I)f some It:::::u :::eworks
ror printe '.:se c:1courageo J :2.i:nJte or'lCCe?t:ll:cc :l:1d :rCJtes J Jis-
triburion network. boer. or' ~':hicn m:J..~C: it C::lsicr .or J:;.:lteurs to
obtain illegai :'irework5,
What docs it illmcan!
The fact ciur ?ublic fircworks dispiays consistently account ror a vcry
small share or' tile fireworks ::r.)blem shows rhat !ucworks C:ill DC used
safely by trained proiession:tls who follow ~,TP:\ 1123, wh.ic.~ pUtS the
control or' ::reworks in the:: hands. The mulciatility incce:lt Jt a pub-
lic display III Illinois shows how important it is for operators of pubiic
displays to {oilow the nIles or safety.
"Vhen LlUt:t:;S go wront: wit.~ fireworks. :he... Z0 verv ',\Tong ':erv fast.
rar fastcr t!ur-o- aI\\' fire pr;tec::::J:l ?rovisioH> ~l~ relia"bl:: rcsFondo, :\nd
tireworks ,l:~ .1 (.hssic lr:.::ac::','e nuisance :er (..'Jildrcn. ::' ,::uIdrcfl arc
20
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~*
.. 't .
": ;-:~'t .-_'::':.~: ;f;ct.-:~.~. ::;0. *:.~C;,:~.. ~~';;..~&.';'.:~~~:~~
,0~s.~:~;::,::r~;;;:=:~:~~~:;3~t\~{:::;:1
1-,. "~:,(:D~> . __ ': ' 3 ':~~+. :;~-;,~-::;;. "1
I - -~ ...:,;-'';-':'. ""'c'. .:.~':- ".:~: ..~:;i\;:, :;;:'~~E"'-'~~ ":'? .~li
i ~!'" ,,',\J~ .. ~ ...,., - :~'" l' \:'1
I t- ~~t~
Itb.";~ ~- ~{r~4~4~.-:~~~~.~~~~~_.~2:P~
Fif:y-one .=trC!nr ~r4':~i;.:ir!'u}or.b in..iur:'(!-;;::~i 01 ?trc,:!u ...~7~ir...::.r:'!J ;nt'oi~.:i::s.'::~rJ.!OTkJ Jf'~; in~-:';"i: .)'Pr:-in':.'J.:".:l::'.~:rc.-.L'crkJ :b~: .;r! ?tT1r.irtr:d :tr.;;'(':"..~edtr{u' .'.;w
our 'lor .lli';r.;;ta' ;;r.dtr IFJ-Li's !or.g-u.1r.ding .\/o.id Firt"'.~oaris L.;~.
presem :c watch. ci:::::'ll ':Je rempred :0 rou6. Children c:m move :cc
fast mc ::e badly hun too quickly if t.~c::'re close to tt:-e''\"orks. as the::
incvit:loi:; are at hon:e fireworks dispiays, \Vhy would myonc, espe-
cially :1 parent, who bows the facts aD01.:t fireworks wmt to take :n:1t
chance whc:) e':e:-yone cm e:1joy a rest';e-.1Dd Safe-FOl,:'-.h oOul:- at
readil}' available public displays?
vVe in the lire protection community must spread the word in omer
to reduce :.~e awful tolls or injury, deat.~. md damage caused by the use
of fireworks by amateurs. vVe must find J way to convince the public
that the safe use of fireworks means no use at ill by untrained people. .
John R. Hail. Jr., Pb.D., is mistar.t via pmia'!:':r JjNFP.1's Firt R!!tarch ana'
.dna~vsil Division.
.
References
All fireworks-related iniurv St:ltistCS !rom hosoital emm;enc', rooms
come from reoom bv the CPSC and :-rivate c~mmuf".ic;tion~ !rom
Linda E. Smi'th of :.~e CPSC. Smith ~;." orovided the rules for serti.."E:
the ra.'lge of 5reworks :njur;.. c:stim:ues ;iur':.ng the period ::etween 1985
and 1989. :decting 1 ":'1:u:;e in me sample. lnd bc.twec:1 1991 and
1996. re:2e-.::ing the btest ..:.1:ll1ge in the samole. Reoorts rcr'ere::ced
include Ron :\{onticone and r...inda Smith. ifJ97 F:'~{'".:.:ori.:!-N/.;td
blillrier: Sr.eih L. Kellv, Firr-'.'ork Inillrit!. 19CJ.1; Dr, Te:-:-" L.
Kissinge:-. Firl".J.)oris I~illr:t!-Rt!lilt; ~(,llfJ!J2 NEISS S';'a:\~ Lnda
Smit.~ Jr.:: Sheila Keilv, Fiw.;:or.l:.s Inillr.c!, 1990; Debor...~ K.ue and
Beatrice :-im...ood. Fi~{'".:.:-:rl:.s Injllri~-lfJSl; md the ;"'Iay/June 1974
issue of SEISS Ne".J.)s. .-\11 we:-e published by the CPSC,
2. Federal:a\\' pe:-mits public use of wh:\t 1fe now referrec. to as "con-
swner fireworks" (foroledv known as "common" or Class C
fireworks), which 1fe de=i~ed as "any small fireworks device designed
primarily :0 produce \;sible effects by combustion" that comply \\;th
specific consu-uction, chemic:ll composition. and labeling regulations.
These include a 50-milligram ma.ximum limit of explosive composi-
tion for ground devices and a 130-milligram ma.-cimum limit of
e.xplosive composition for aenal devices. "Safe and sane" fireworks
include de\;ces such lS sparklers, fountains. snakes, par~y poppe:-s,
and zrou::d spinners. Laws based on this aooroach allow considerable
priv:re use of fireworks but c:c:ude any e.~piosive-type de\;ces that
lift off d:~ ground that 1fe allowed under :"enerallaw.
21
:\[a\'i\:.11e 1999 .VFPA.journal
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. -- - - - ----: -~_.-:: ----,
--lliegalfirewol'k~ see."
-_3rpopular ~O~I,~,,~~~~,::
. ufficials say there. ~~~ce:-nt:::_ , :~ _,
were more fireworks TIle :'t.::-: "\';l:' ::le sa.'11e ...: ~,.
shot off by residents ?'~tersb\::-;;', T~:n;:a a:lc,Clea:-.v::.-
th<U1 e\'er bciore .~~~~~1~:'::~~~. :.~/~i:~~:~;.~):o~;i\~; .
:hink' ;ve:-e :~.~t::il ~l:--e'.\ Q.r4-..~
;llong' :::e C ,~-';:-::1e:: '::ampoeJ
By ALICIA CALDWELL -'/_//:-[/
Tl",~' St"U '--"F,t'" . - Parh~\4aY
'I'he 'si::.:::.::e,:-. :'0 distur:,cd .
dCleal'\\'ate~ :::-e ~la:-s:j:-;.~' Ra:1~Y .
~1:1t he haa ()r.:::~~~(~~:'=: ~OI1: u.U"!"
er. are3S ~~:-e:lc C,:1 :1is OeSK. De..
io:-e hitro. ~e sa:c: h,: plannec. ,:0
:-ecamm-::1c ". C~eJ.:\'~te:- S:ty
-:ommissic-ne:-s ::. jOC~~ .!.aw u:at
would mJ~t' i: more a:mcult tor.
people :0' J~:.1i.:l the, ~nds o!
firewor~:s ,:la: explOoe Jno.
5creaIl1 a~rC~5 :'~.e 51-.-::, lea\in~ a
traU of s;;Jrks.
u'Y'eSt. \~4e na';~ ::een an i~"
c:-ea~I' '+-.:5 y~~.:-, Hinde:- said.
r'e..........r'~ ;~ 'sa,;; the \va\'e ,j:
pa~-i;ti~~;; s':~eepini; the count::":"
but authorities said they noted a,
u....~nl.... t'llc-,'ase In tile ntllnbe
,-~~1 ,,-- . - .. , h
oi iile::ai ;irework; shot .on In :..e.
T:Ul1pa3ay area this Fourth Q; ,
'July. . '.
... \ . ; '\"1" '\'ait:'lg lOr the e\'ent
u~::!;~:-d '\~~h' n~);. kid~. a,lmo"s~
C\'C.; car hJd the:r 0\\'12 dt~p!,,,),
~oini; ," said 5prinl; Hil111re ~hle!,
: J:J, :\lorrisoll. \,,:110 wJtche,a th~
'Weeki Wac:iCC llrcworks dl~p!a)
. TImrsd:w nil;ht. "111et~\'ere s~t.
, . ting- vU eve:-y kind 0; urewon:s.
",,:!52 se.:! ILLEGAL':E
-~-~-
~,-'
-'1! Illegal from lB, '
I'.'" \: 'were all over. You' couldn ':
, 'where without seeing them,
I. ..I realh' wanteu to f,!ct a show.
I, Sh~)llid have. seen 'E~lg~\~'ater
I Dri\'(~ In Dunedm, TIlat s wnere
i the'.' :lll '-'.'ere,"
I 'But if :;OU .IS!, SL PeIer~~urg
I police spokesman Gt~orge Kajtsa.
I ther ',vere all in his neighborhoorl,
I Hoping ior a quiet nibht at
i home, K;j:tsa said he and hiS-\\iie
: had r~'nt',j a !lio\'ie, Mr, S:n::i:
I' Goes CO ;Fasil :,:gtoll. and haa
pianntOd tc. skip the fireworks.
":--Iv wic sa~:e..diiliU.ne.e.d..!u-
i . go down i) Straub Park bec:l\I!'e
I .:the. nre\\.<rks on nlV str~~
! iust as b2-.-r'-he....@.r.i\ly \\iie
! thnugllt tJ~\.~.e~ gQjtu:~Cl.Q.~,ll:.
house. 011 lire. tiut the Unn!;' IS.
ho\\' do VIU eniorce tJIat kind oi
thing?" "
The pnb1em. ac~or~ing to fire
.
and police 0ifk:al~. is J st.:Jtc law
that ::as a gaping ioophoie,
,T tchnicJliy, it is :ll;<llnst ~~e
law to set oii any \:jnd oi nreworks
tllal ;CJVC :i1t.' ground or biow up,
But .;ou, can OU\' :.hem if YOU slen a
fomi :hat 52.\'5 the\"re ro'r indt;5U"i~
al purposes:such as usin(;' them to
SCJre birds aW3Y ~om tish :;atcn-
cries and ;arms,
Tnat le:wes to iaw enforcement
the kb of ::-:il1~ to chase down
eadi person' who launches one.
'~hich ~s:.\"~at 5t: :etersbt:~;;: rire
~.??t: o\} If,~;1~ 1... .:~~~~:~r{~ sal~. ~ e
,\ .1lC:1e" .., '-- 'lolL.i.,an Pan. .n
Clear.\-;1ter. He was off auty and
was there to enjoy the show:
'There were quite a iew. and I
saw-quite a few oi them get confis-
cated,"' ~loore said, "Ill ere were
more. howe':er. than tJle on-duty
oftice:-s could handle,"
Knjtsa said St. Petersburg po-
lice reeeh'ed hundreds of calls
about illegal fireworks, but' the
volume makes it difficult to en.
:
./
!;
force the Jaw, Funhe:more. it is a
misdemeanor. .
St. Petersburg. as '.veil as many
othe:- jurisdictions. did not ha\'c an '
inc:-ea~e iri iniuries or fires be.-'
cause oi the expande~ p~'rotechni-
cal eno!':s of holida\' ..:elebrJnts.
In ~Iia'mi. however. two ':.:
teenJ!;'" boy~ \"ere :~.:t:red by iIle- ~~
gal tirewor}:s ll1Ursca~;, One suj.
fered bums on his Ie,:s, and annth- E
er sust41:ncd bums to his shouldc:-. :~
In East Lake. dis::ict lire Chid .-
Bill \\"alker said it was somethinR
of :!lJ1i:-acle u::1t ~t' cne was :n-
jured gi';en tJk numr-c:- oi people
launching fireworks, He. toO. said
it seemed that there were more
bach'yard tireworks being set oii
this year than in pre-.ious years,
'There, weren't :my organized,-
fireworks in East Lake. but there
\"ere plenty of tl~.c~le shooting
them aii.': he said, "You have to be
c:u-eiul '.\;tJl llw 111 , il:e\"re like
morwrs. They're bo:ng 'to come
dO\\11 somewhere:'
22
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Fire-w-orks La'W's vs. Revenue LaW's...
[Sta'tute 79~ and Statute 212) by Wes Hayes, Polk County
In the course of Ule past few
years, ttle confUSion of the fireworks
18"',' keeps crop;)ing up, Let me see If
I can add to Hlat confusion. On many
occasions phone calls come into my
off:ce witl1 rcg.::rcs to this subject.
Some of the pt1Qne callers ask, why
C2.:O they sell flre.....orks in anottler
county, but not tlere? Answering
that question is clfficult in some
ceses. But steering away from me
causing grief In other jurisdictions, I
try to stay away from conclusive com-
ments, except for that our county has
an ordinance regulating !llem,
To get this Off to an oJppropri-
ate start, tIle definitions of what fire-
wcrks actually are Important to Ulis
s~bject. And to make this as simple
as it can be, Flre'....orks are anything
not listed on the <:lpproved list that the
Stete Fire rvlarsl1al puts out eDch
year. If it is not on the list, it either
'1as not been tested for approv31 or
dces not meet the requirements of a
sparkler. The list is very commodi-
ous and concise. It can be
downloaded from the Slate Fire Mar-
shal's Office web site. The actual
definition can be found in SS 791.01.
StoJrting here as the fire mar-
shal fed me ir1ta the firework arena as
soon as I put on the badge. In being
involved with numerous cases, this
writer has been in court enough. We
have gotten convictions for the illegal
sales of fireworks and I have had a
court case thrown out that was aimed
at me personally in Federal Court.
By sticking to the guidelines set up in
791, and HAVING THE SUPPORT
OF OUR STATES ATTORNEY'S OF-
FICE AND THE SHERIFF'S OFFICE,
has helped unimaginably. Team
work is imperative or the losing end
will soon follow.
There is one item that I want
to address and that is the subject of
having fireworks sold in a tent or in a
commercial structure. In reading
Page 6
and ilstenlng to comments of our il-
lustrious group, I ~,eep coming up
'....ith the same conclusion. It doesn't
matter if It is in l\ tent, a commercial
structure, or my grandmother's base-
ment next to the tlicden bottle of
Mogan David Wine, they <:lre illegal.
TI18 law is very clenr on \','ho may
purchase fireworKs and to whom they
can purchase them from. Signing of
a document thnt has never been ap-
proved by the stoJte only inflames the
situation. And, since I am on that
subject, who came up with that thing?
By the way, the ruling regarding State
vs. t\lckita '.vas not a bad ruling at all.
II told us exactly, according to 791,
Wll0 is brellking the law, the buyer! A
judge is only going to rule on tIle in-
formlltion proviaec to him/her. Ac-
cording to the Re'/cnuc Lnws, botll
did. Understanding the definitions is
critical.
Manufacturer = any person engaged
in the manufacture of sparklers in
this state, 791.01 (5)
Retailer = any person who, at a fixed
place of business, is engaged in
selling sparklers consumers at retail,
791.01 (6).
Distributor = any C)erson engaged in
the busiiless of se!llrlg sparhlers to a
wholesaler.
Wholesaler = any person engaged in
the business of selling sparklers to a
retailer. ,791.01 (9).
For the big question, what
about 791.04? "Nothing is this chap-
ter shall be construed to prohibit any
manufacturer, distributor, wholesaler
who has registered with the division
(State Fire Marshals Office) pursuant
to s. 791.015 to sell at wholesale
such fireworks as are herein prohib-
ited; to prohibit the sale of any kind of
fireworks at wholesale between
manufacturers, distributors, and
wholesalers who have registered with
the division pursuant to s.791.015."
There is more in that part of the
Fire Marshall & Inspectors Assoc.
December 2002
Statl.tes, but my point has been
mace with this section. I readily sug-
gest you read the rest of that part of
ttle statute.
Now Virgil comes to my fire-
wcr~;s stand and wants to purchase
firec~ackers. Of course being the
law-abiding person that I am, I ~.kve
him sign a form. with Virgil selecting
from an itemized list of things he's
gcing to do with them. We have pre-
viously discovered that neither Virgil
nor I are a manufacturer, distributor
or 'o...holesaler to even think about a
fire'.'.'orks transaction between us,
But wait, there is one more
section of !tIe Florida Statutes that
we must look to. Section 791.07
mentions agricultural and fish hatch-
ery use: "Nottling in this chapter shall
prohibit the importation, purchase,
sale, or use of fireworks used or to be
used solely and exclusively in fright-
ening birds from agricultural works
and fish hatcheries: and such use
shall be governed entirely by the
rules prescribed by the Department
of Agriculture and Consumer Ser-
vices" Virgil has made his choice,
since he is not a manufacturer, tjis-
tributor, or wholesaler, by which all
must have a ta:< e;-.:crnpt number and
a slip of paper to prove it. he decides
to go into the multi- million dollar
world of owning a fish hatchery. So
Virgil puts down his mark as a fish
hatchery owner and leaves with his
purchase. The law has just been
broken!
The Department of Agricul-
ture and Consumer Services, as
mentioned in 791.07 has rules to fol-
low on how to buy them? That rule
can be found as "Agricultural and
Fish Hatchery, 5A-3."
"Chapter 5A-3, Agricultural
and Fish Hatchery Use of Firecrack-
ers."
Continued on Page 7
..,...
.:..)
FROM PAGE 6
5A-3,OtJ1 - "Application to
r,eriff for use cf Firecrackers."
. 5..\-3,0(;2 - "Acquisition of
Firecrackers"
5A-3.001 States,
"Application to Sheriff for use of
firecrackers. Any person wl10 is
engaged in af;ricullural works or
who operates a fish l1atchery
may use firecrackers solely and
exclusively fer the purpose of
frightening birds from doing harm
to any such person's agricultural
works or fish hatcl1ery operation;
providec that any sucl1 person
shall firs t file with ttle sheriff of the
county in which he is engaged in
agricultural works or the operation
of a fish hatchery a 'statement in
writing he is engaged in agricul-
tural works. describing tile nature
of such, or that he operates a fish
hatchery, describing tl18 nature of
such. and desires to use firecrack-
ers to frighten birds from harming
his agricultural works or his fist)
ltchery operation and that fire-
. .ackers will be used solely and
exclusively for that purpose."
5A-3.002 - Slates. "Any
person may acquire from any au-
thorized person firecrackers for tile
purpose stated in Section 5A-300 1
LJDon presenting a copy of his
statement tllee ,....IHl tnc sneriff."
I have yet to have one
person call my office, in nearly the
nine years of being Fire Marshal,
or the sheriffs office detailing his or
her needs for firecrackers to scare
birds. No one has requested them
in person, either with me or the
sheriffs office. But, the fireworks
industry feels that they can take
fTlatters into their own hands and
rewrite the statute by providing a
paper for Virgil to sign. In SA-
3.002. it says "authorized person."
tlOW can they be authorized if they
do not even carry an endorsement
or permit from the "division
'SFMO)."
. Let me add a twist to this
December 2002- Issue 8
whole picture, I have bee:) in direct
contact with the Depar.:,;~ent of Reve-
nue. Plus, the Attorne:' General p,,:
out an opinion durinc tne course ::
State \'s, Mekita, Of c-c~'se, the Altc--
ney General was guarcec: on his O;1i:--
ion since the case was still ongoing a:
that time. At the very ias: part of t~e
opinion (AGO 2001-35) tl1is reaee:-
tlOmed in a section that s:atp.d, Ques.
tions were answered te Senator La'...-
son, dated tvlay 16, 2002, Answer to
.Question Three, "VVr.lie failure :0
properly collect sales taxes may sub.
ject the seller to penalties under tr.e
tax code, it does not convert an othe--
wise permissible transaction into an
illegal transaction uncer sectier,
791.02, Florida Statutes"
In putting the laws of laxaticr,
and the laws governing fireworks to-
gether, this is what is be:ng said. T~e
only way you can sell fireworks in the
state is wholesale accorClng to State
Statute 791. If you are involved in a
"wholesale" transaction in tile State of
Florida. you must be registered witn
the Department of Revenue, no mal-
ter if you are big business, or Joe
Blow walking in off the street. T~e
signing of a waiver does not allow you
to ignore tax laws. The waiver means
absolutely nothing to tt1e Department
of Revenue. The Regional Director of
the Department of Revenue went en
to say that a record must be made of
~n:. wholesale tr<1n53;:;:;or, and ;',8::
on file for possible review by the De-
partment of Revenue. If no taxes are
collected and the buyer is not regis-
tered then both the buyer and seller
are in violation of the tax law. The
Regional Director informed me that it
would be viewed as a retail sale. if in
fact there is no registration.
So the long and short of this
is, while you may be collecting taxes,
complying with the tax laws, you will
be in violation of ss 791. (wholesale
only). Then if you allow a waiver to
be signed in lue of taxes, you are in
violation with the Department of Reve-
nue. Damned if you do and damned if
you don't. . In reading the State vs.
Mekita ruling. the opinion of the Judge
~4
was also very interesting. He stated, "
Further, since the affidavit indicates a
\...hole5ale transac:ion, the question
ho'.',' a fireworks sale was treated for
sales tax purposes may be instructive,
See 5~ Taxation. 3.i92 et seq. (1999);
55 F,a. Jur. 2d Taxation, 3612 (1999)."
The Department of Revenue
has been extremely helpful with re-
garcs to tax laws. These are the ques-
tions I had requested a response from
the Department Of Revenue. If you
wish to view the answers, please e-
mail me at
1. To whom may I sell fireworks?
2. For anyone purchasing fireworks.
are they to be registered With the
Department of Revenue?
3. \Vhat responsibilities are there of a
wholesaler with regards to record
keeping of products sold?
4, Is the seller required to be regis-
teree with the Department of Reve-
nue';
5. Wt1at are the responsibilities of a
wholesaler to the Department of
Revenue for purchasing products from
a distributor?
It is extremely important for all
of us to work as a team. All involved
have to have a clear understanding of
what is going on.
All the bolded and underlined
worts are not written that way in the
statute, but an attempt for a point to be
r.,8C-C: from the document on my pari.
Virgil is a fictitious person, so is Joe
Blow. Any similarities are purely
coincidental.
Article Provided by:
Wesley Hayes, Fire Marshal
Polk County Fire Services Division
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Page 7
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D R_~FT
PI:\ELL\S COCNTY ORDI":\..\:\CE ISO. 02-
A:\ ORDI~..\:\CE OF THE COl':\TY OF PI:\ELL\S. PRO\'IDI~G A
I~EGCL\ TORY :\IECIL\:\lSM TO E:'iFORCE THE PROVISIO~S OF
FLORIDA STXITTES CHAPTER i91 REGARDIl'G THE SALE .-\~D
l'SE OF FIRF.WORKS: A:\lE:'iDI~G THF. EXISTING ST.-\ lTTE TO liSE
THE DEFI:'i1TIO:\S PROVIDED FOR IN THAT STA1TTE: PRO\'lDING
THAT TIlE PFRCIL\SER OF A~Y FIREWORK PRODlTE REQr-lRED
DOCC\IE:\T..\ 1'1 A:\' SHOWI:\G EXEl\IPTIO:\ FRO:\l. OR
CO:\IPLI:\:\CE WITH. THE STA TliTE; REGl"LA TI:\G THE STORAGE
.-\:\n SALE OR l'SE OF SPARKLERS; REGllLATI:\'G THE PUBLIC
DISPL\ ,. OF FIRE\\"ORKS: PROVIDI~G RECORD KEEPING
REQl"IRE:\IE:\TS O~ \'E~DORS OF FIREWORKS WITHIN PI~ELL\S
COC:'iTY: PROVIDISG FOR SE\'ER.\BILlTY; PRO\'IDI(,;G FOR A:\
EFFECTIYE D.-\ TE.
\\'IIERL\S. Florida Statutc Chapter i91. provides limitations on the sale and use of
itl'lllS detined under this chapter as "FirewOl'k.o;"; and
WllEI~E..\S. many injuries to both pl'rsons and property occur each year as a result
of improper USl' and illegal sale of fireworks heing sold under the guise of bcing sparklcrs
and. therefOl'e. ll'gal fOI' consumcr purchase and usc: and
WHERL\S. thc impropcr use and ilIcgal salc of items purporting to hc lawful
sp:u'klers c:luse life and propcrty thrcatening fires and tire haz:lrds: and
WHERL\S. it is dccmcd Ill'cessary to protect the lives and propcrt). of thc pcople of
Pinellas County. Florida. through regulatol'y me:lsures dcsigned and intended to rcducc
pen;onal injuJ'y and property damagc and minimize thc possihility of tircs and the creation
of lil'c hazards: and
WII ERL.\S. hy the adoption of this ordinance. it is the intention of the Boal'd of
County Commissioners of Pincllas County, Florid:l. as thc govcrning boal'd of thc Firc
Protection Authority of Pinellas County tn facilitatc the cnforcemcnt of the statutory
provision of Chaptcr 791. Florida Statutcs.
~O\V. THEREFORE, BE IT ORDAINED BY THE BOARD OF COl'NTY
COi\DlISSIONERS OF PI='lELLAS COUNTY, FLORIDA SITTING AS THE FIRE
PROTECTION AUTHORITY:
Section I - Section 62-81 of the Pindlas Count). Code is hcrcby amcnded to I'cad as
follows:
Pa[!c 1 of 7
25
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DI~_~FT
See. h2-Sl. Dl'linitions.
_,_.c__:\llll1l'CiJ\-- "..\llllh'rit\" -;hallll\~an lh~ Pindla~ Celllnl\' Fin: :\llIIH'ril\,
~:__.o\-; tl-;~LJJl~rl:in. lllt;'.J_L'I]l\S ..tin':\\l'rks" . "-;parl--kr~". "r~laikr". \\hnk-;akr.....c1islribull'r...
;lltd_~:j11i!!l!.1J;!(I\lrl'L~~lillU1i-l~JLJll~-,-;;llll~!lLL'_anil1!! a~ 'l'~cili~d in S~ctil'n il} I ,0 1. Fl,'riela SlatlllC's.
~n It'- i :..11. · \", i II g-\.... '1' ll.,,-! t'fIlb-il nd-pllf'ib6,....w.lt~H-U~t'd-tH-t~1 i~"t.t ~H1I,-sl H11~Htye-t-he
mt'dllill~~-ilS~Fil-'t'll-tt-Hhelll-t/l--t-hP.;~c'\;'!~t-m-:-t':"'L\.:'rll \\'hr::'C' ;~lL' ,-~HIL':;1 .: !carly il1tH~H:J.intc>rt'nt
mt'illHn~.;
F;r~\R Wk,'i-nlt'il n~llhl-int:-httles-Hn~mB\lSHl:..k-t"F-t'-:'\t)les i \.t: ..: l'mpt-t:;.iHt)n~t'F-Hfl7
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",is i hle-"'l'-ilIHII It Ii h le-e ntc>0!-h ~~Hn lh!ISlit-\n~:>-.-p losit.n,-dt--Arlgm t-tt\1 ~"f:-dt'lenilt~t)!l~-iH*kllHlI
iH\.'-!Ut:!e-hHHlhtH:H:.jtlges-:-h....~,-pP.;ttc+ls,-h)y--....:.iHtHt"n:;. lJY ..:a!:.::;. ,'r W:, ;:,I!b in-which ':XpIBSi~n=
1~t'th-+i~ffi~r~;.:-tt"ft)t'th.\e~~kl57-l~Hlillh2ittrJl~~~-bf>ffi~F-tll-fle~eS 0 I' Ii kt:
~H~tnl~t-it-\IHllltl-ilI~~>rlI...:.,;;s""'t)fltnjning-itn-~xt}le~~ \..'r nalHffiil~mpBlInd. 0f any lablet--Bf
t-.t-l1t'f-tiL'\i..:.: '::l'Ill-HHtiH~n L'\plosi\'t: :;ub~;tanc.:. The t.:rn~ "firt:worL'''shrrlHlOt include ~;pn~
as-Jeftnt'ti-i'H-t:hiS-:;c8-tt)Ir.-rtUltJ l1arC's, Pill~~-aPs-tBlltittHtng-HBHn .::~;:ess of-aH-ilYern~e of 0.25 of
it :;raill ('I' .:xplo~~ftt-t'Ili-t)er cap. nnd t(,y ristols. :('Y .::anes. to:, suns or olher dl.?\'ices foHlSt'
OkUt.'-h-tnl~s-:-tft~itle-an~t'-t}I:..whieh-iSft'fmjHe&n i a II {i Illes-;
=f-lle-tt'FH1-'!.ftl't:' w;"l'k~l~nIt-H\"t-i n8tlde-t.he-t~~I!-ies-itn&+r.ie"-tlt)i5t'lllilkr5-li5tt'l~lw.:-:-wlljt-ll
5InHU}~fHti-H~t1 al nil tillleS7-ttlllt:s:; prohihi~L'd by F.S. ch. -:'C) 1.
( 1) ----?W"kL', 6hm wurm: Pre:;sed pel-le~yrotechnic composition that produces a
lill:ge.sHilk-c-H~5lHlpOll-htlflli.~e-it5Il-t'*t)Hn4;-Ht-leHgtlt-ils-me-peI~et-huHl!r.
+fll:se de\'ke:; mny-tlB1 contain mercuric thiocynnncc.
(2) Smoke dt!\'ic;:: Tube oF-5flhere pyrotc..:hnic composition thal-;-Hpon ignition,
pR*IUL>e5-W h tte-er-eelel't'fKmelie-as-the-ff-Hna 1':.. l.? H"c ct.
c:) rriff-tlffiSt'n-itlkef7-1tem-Hta!-pl'etltlces n SIllHtI-report intended-te--5tlft)Rse-t-He-U5eI'-;
The~fflees-itl€-lHti~
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!:1:!::;r:l1l1: c'f ,:xl~t:>:Ti\ ( .::':nresit:L'11 :h~: i.: fri,,:::cl1 :r.:n.;iti\c. .'. .;trittg
f'''''>lffitl in; fre I:HhNlt>-\': '::.' i ~ pttt!~~11t~'<t~1l in~'-it-t-..aft'-F
~all1er anJ-p+,Jtl8n~ :: .:111:111 rerl'~
!), :'y [Up: Sma!! tuh: '.'.itlt-:rtf-tn~~in::; ~'rl'm bl.t-h~lttl~lltHnf--h~
it-F~pr-:Hn-tlt'~g!~e--2-lltb-t'+H-l~t Rug-it r-=fl t-l.le6-t l' i:; Httt'-t lle
t~h'Il .;en::i::"'c c~mrl_'::i\:>.tr.-f1reetlcil1::; a .;l1\al~~"f'i-:
S;I";T~HH+l~*peH'rffip~kl11 ":Jnt:1inin~ a mitH~ia:!:;t:: L'f
e?\-plt"sive cl'mposit-ii:'t~~Il-5fHa+1-!,its i.1f .;antHV-heIMIFt'ffled;-the
dc";.;:.: e~~plou..;.:;. produ'::::l; a ::m~~
r...'c.'; ;:lul.'II: ::ih:hen ,-'r ~~'-'0]; mittt-tHflnHtas bee:! ..;('a{eu with a ~mHl-l
fttlantity L'f r.:~:;;I~\'e :'1' f.':.T~t~npositi~~')Bn i::;ntHBlt-<4-t-he
nnm;.ir.-n-:;mal-Ht'I}t"rh:'~tewe~t:Htrk:; i.; pt't't4th.~d~
( 'i:; .11';::.'.' !orltf:,-SnlUll--w~€-n--pt'g-tHnt--flH~~tt'tl-wtt-l-HKtHH~i
quantity ('I' ..;~;plo:;iYe ccmposition. L'pon ignition ofa ci6arettc
.;t"IMinin~ OI~H~lt>---rt:;S. a SIHHtl--t~t)f>1-1-t5-p~~i-:
. ! fH~Hr:!.ltlf'--d/t-f/''Hr.-=j:H~-whi~IH(->nlil111s-r7~~~Hl ic-t1.~mf"t':;tt1HIH.hHI
produces a lcuu wht~e and,'or sllwk.: when i~llttcd. :\ small qllalt~'
~Dsi\.e. not ex~eeti1lt~9-nti-lltgfitm5;-fnay-it~~llsed-t~lul.'t'-fl
small repol1. ,\ stfHib i.; used to i;;llite the device.
~/'/;Icrs means only tho:;e spark-ler:; \\hi.;h arc hantil~-gretlIttWn\5ed. whiclHtleitlts
t~lt~-t-fildt tiHlliIi-pyrett'c--ltltt~~n1jffi5it-Hm-€Hlltt'{k>.-tre-{-}I=-neHt) exceed 3 6-m€.hes-tBta 11 en gth-wit-h-a
eBlttBtt5t-thle-Hffi4-HnHted to (lilt:: qllurtef-,-lf,i\tHtl.:h in diHntelt'-f-Wm€-ft-eHlits---sflewers cf sl*fks
lIpl-m-Bt'ing-el-fl'HetHHHl-wht8H1ocs nut""--1..)fltnin an y ex l'}IHSive--l."OtHI**HHi5-atH-Hlees-neHletenate
Af-e*JWltlt!-ittHk-nflHOt propel itself threugH-t-He air. mttl-whieh is desi;;ned ane-€ellstmctcd so that
Hll-t lllt'gm li,}HrH:~H-lle-:;rm rk-kI'-ts-n-ltetl€B111 husttWt'-f*}rt-ietHH-leitSl-Bne-tiHre-as-IBtlg-as-Hte
Sp\lt~t'f-i H-i t~IH ir-€ty-,
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Pa\!c 3 of 7
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(;.ress-Reft'ren€Cs: Definit:on.:: ;;o;:ncrally. ~
1 ..,
Section 2
Section 62-S-l of thc Pincllas County Codc is hcreby amended to read
as follows:
Sec. 62-S4. Storage and sale of sparklers.
LSparkkrs shall be stureu and sold in the unincorporateu and incorporated areas of the
count)' in accordance with the zoning laws. tire pre\'ention code. license laws of the county and
permits issued by the local fire official ha\'ingjurisdiction ;lI1d allllther state and locallaws~
~ :\ II manufJcturers. distributors. and whoksJlers of sparklers shall be re!!istered with
the State Di\'ision of Fire i\-Iarshall pursuant to Section 791.015. Florida Statutes.
3. :\ retail~r ofsRarklcrs shall be required tl) cOlllplv \\'ith the provisions ofSectiotl
791.0 I. Florida Statutes.
(Ord. No. SG-C). S 2. 2-11-86)
Section 3
Section 62-85 of the Pinellas County Code is hereby amended to read
as follows:
Sec. 62-85. Prohibition A!!ainst Fireworks: Exceptions: Penn its and Re!!ulations.
Except as provided in Sections 791.02. 791.04. or 791.07. Florida Statutes. it shall be
unlawful for an\' person. firm. partncrship. or corporation to l)ffcr for sale. expose for sale. sell at
retai I. use or explode any fireworks within the count\'.
'"l Am person. firm. partncrship. or cornoration en!!<l!!.in!! in the sale. at retail or
whoksale. or in the distributin!! or manufacturinQ of fireworks must first apply for and secure a
p-crmit ti'om the Authority. The application for such pemlit shall include proof that the appl icant
is rc!.!istered with the Division of the State Firc Marshal as a wholesaler. distributor of
manufacturer or tireworks pursuant to Section 791.015. Florida Statutes. and shall be
accompanied bv a penllit fee in an amount to be established bv resolution or the Board of County
Commissioncrs and such other information as deemed necessary bv the Authoritv.
3 The purchaser of anv fireworks from a retailer. wholesaler. distributor or
manufacturer l11ust furnish to the seller. at the time of sale. proof of identification and. ir
Page 4 of7
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" ,;\11\' oersnn. tirI11. ounncrship. or cnrpnration \\'ho is not reuistcred \vith the Di\'ision
~l:1 il:l:'
:i--1ll..~_purcha~el~r tire\\ork:: 10 be lIs~d in ulIarr\'inl! nr for blastin\! or other industriaJ
llse ll\u~T pn'JlI(~ a (I)PV l')fthl: auarrv l)r minl: permit or businl:ss license. The seller shall
LlliliD.lili!liL_';_l21~~_~.:Ct.hL~pn2.I~:and note the USl: I'm which the lirc\\orks shall be used.
9 All appropriate local and state permits. re!!istrations and licenses must be displaved at
each retail. wholesale. distributinQ. or manufacturin!! site.
10 The law enforcement agencv having iurisdiction has the authority to immediatel\:
c10sc any business that is sellin!! fireworks without the appropriate state and local pemlits or in
violation of anv portion of this ordinance.
PflHHbitfmh
Page 5 0 f 7
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E:-:..:cpt 3S r-r2,"icke-tn f.S. ~ ~91.'}:, it sha+h:~nftt\~r-HH~setl-ffi-effer for sa\e.
t'*~t: :"C' :::k. ;;el! ::t ret3il. (11' use 0; ex;:,lod~t~\\ orb ::1 the COUtH:r-:
(.GHl ?': (', 86-0. ~ :.: 11 Sf):j
Section 3
Section 62-97 of the Pinellas County Code is hen~hy amended to l'C:ul
as follows:
Sec. 62-97. Applicability and purpose.
This di\'ision is applicable to the unincorporated areas the county. The purpose of this
division,-is to regulate the display of fireworks in the county and to provide permitting
requirements for the outdoor display of fireworks and use of pyrotechnics uefore a proximate
audience.
(Ord. No. 98-5. S 2. 1-6-98)
Section .t The definition of Firc District in Section 62-98 of the Pinellas County
Code is hereby amended to read :lS follows:
Sec. 62-98. Definitions.
Fire district means the Pincllas County Fire Administration and any ofthc municipalities,
special tire control districts. or not-for-profit corporations within the count\' with whom the
Pinellas County Fire Protection Authority contracts for tire protection services, pursuant to
chapter 62, Articlc II. of the Pincllas County Code.
.(Orel. No. 98-5. ~ 3,1-6-98)
Section 5
Effective Date.
The 11I'o"isions of this onlimll1ce shall become effective lI(lon mint! of a certitied
COil" uf this ordinance with the Department of State.
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F 1.'<; F!Z:-.. \TT~ ' ,\ ; y;,; B.~ iFir.: ,\IlI!lt,ti!\ Firc\\nrk,; Firc\\f'r1;, Ordinan.:c -I'cr.,i"tl 1-1 ~ -11J ,doc
Page 7 01'7
31
ITEM # 33
":.v,l".. "
~~~
t:::i ,d., .
'.- ~
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....~.\:~
Clean\'ater Cit\, Commission
Agenda Cover i\lclllorandulll
Final Agenda Item #
.
Meeting Date:
02-05-03
SUBJECT/RECOMMENDA TION:
Authorize settlement of City I'. Oaks (~r Clearwater, 11Ic., Case No. () 1-121 ~-C 1-()7,
fV1
~
SUMMARY:
This matter arises from an eminent domain action filed by the City against The Oaks of
Clearwater, Inc,. to acquire property for use in the construction of the new Memorial Causeway
Bridge.
and that the appropriate officials be authorized to execute same
In March, 2001, we acquired title to 2,807 sq. ft. and, based upon our appraisal, we made a "good
faith deposit" of $260,720.00. Since that taking we have received from The Oaks their appraisal
of $471,650.
After lengthy negotiations the following proposed settlement was reached:
. The property owner would refund $10,000 of the good faith deposit to the City.
. The City would seek FOOT approval and install a driveway cut to the property north of the take.
. The City would construct a parking lot on the City owned property north of the take for public use
and grant The Oaks the nonexclusive right to use it.
The owner's claim for costs and fees will remain to be resolved.
Authorization is sought to settle this action pursuant to the above terms and to authorize the
execution of a settlement agreement and release.
Reviewed by:
Legal ~
Budget NA
Purchasin NA
g
Risk Mgmt NA
Origin22ng Dept:
Info Tech NA Legal, ...-v:
- User Dept.
Public Works NA
-
DCM/ACM
-
Other NA Attachments
-
Costs
Total
Funding Source:
Cllptlfll Imp.ro.emt'nt
Current Fiscal Year
Op~r atl....~
Otbm
Appropriation Code:
Subm itted by:
City Manager
o Printed on recycled paper
2/98
o None
Rev.
t'\ . " I '
. \l'_)~( i.<..
'---.Original f>lessagen---
From: Welker, Terry
Sent: f>londay, February 03, 2003 5:13 PM
To: Brumback, Garry
Cc: Hinder, Randy; Herald, Rowland
Subject: FW: Hurricane Shelter
Importance: High
Garry,
I asked Randy to summarize where we are at as of today. As we discussed, the
County can help with funding, but first they require review of the physical
blueprints of any proposed project before making a commitment. Conversely, we
need to know where all the funds are coming from before designing the
building........thus the problem.
As I see it from all sides, we may have to consciously determine that we will fund
all projects 100% from the onset of the design phase (to hurricane shelter
specifications), and hope that we may be able to write a grant from the State or
get help from the County after the fact, in order to facilitate this objective. The
County has a limited amount of funding each year to bring their buildings up to
shelter status and are willing to help us if we put all the information in front of
them when they have the funds available. Randy has been trying to coordinate
this for Ross Norton for some time........this is how we discovered the "catch-22".
If we design any building to "shelter specification" and the funds are denied or
not available, we either redesign (at an additional expense), or fund the project in
it's entirety.
It may be useful to have all future City Construction evaluated by the EM for
sheltering possibilities and cost analysis if we are getting into this business. In
any case, please understand the current drain on the Fire Marshal's other duties
while he diverts attention to his EM duties. Please review his comments and
mine and provide guidance for any additional information you or the Commission
may need Wednesday evening.
Thanks,
Chief Welker
----'Original f>lessage-m-
From: Hinder, Randy
Sent: Monday, February 03, 2003 4:48 PM
To: Brumback, Garry
Cc: Welker, Terry
Subject: RE: Hunicane Shelter
Importance: High
Garry
. ,
I thought it would be helpful if I provided somc talking points
concerning public sheltcr spaces: In gcncral -
· Florida Statute 252.38 establishcs the cmergcncy management powers of
political subdivisions. PineIlas County Emergency Ivranagemcnt Department
Randy
maintains authority and consequently the responsibility for hurricane shelter
spaces.
· Pinellas County Code: Chapter 34 and City of Clearwater Code of
Ordinances: Chapter 15, prm'ides clarity of organizational authority and
responsibilities.
· Rcc\'aluation of Pinellas County sheltcr spaces in 1998 resulted in the
reduction of approximately 15000 spaces in "Clearwater" jurisdiction.
· Pinellas School Board and Pinellas County Emergency Management ha\'e
inter-local agreement to pro\'ide new schools - considered as "new
construction" to exceed the State Building Code requirements of 130 mph
by 20 mph or 150 mph total. This includes the future Oak Grove
Elementary School. Kennedy ~liddle School currently provides
approximately 3800 spaces with 600 additional spaces projected.
· i\lunicipally owned properties (existing and new) can be evaluated for use as
public shelter
Specifically, addressing Ross Norron:
· Assessment of construction documents will be underraken as soon as
a\'ailable. Representati\'es from Pinellas County EM will pro\'ide assistance
with completion of ARC 4496: Least-Risk Decision ~Iaking Guideline
Summary.
· Unknown the fiscal (if any) associated costs to determine if Ross Norton is
"appropriately designed" at this point.
· Grant funding is made available through the Emergency :NIanagement
Preparedness and Assistance Trust Fund - however construction drawings
must reflect necessary improvements to qualify for funds.
· It appears we are at an impasse. The current design meets the minimum 130
mph wind debris requirements, but I am unable to determine what, if any,
modifications are needed for Ross Norton at this time. I would suggest that
if we philosophically want to pursue increasing public shelter spaces - we
. can have our City engineer or a structural engineer certify the building (Ross
Norton) as a hurricane evacuation shelter or we proceed with review of the
construction plans and ARC 4496.
Please contact me if you need additional information or clarification.
h -
')'';:
. i i
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,..,
Norman, Lois
From:
Sent:
To:
Cc:
Subject:
Brumback, Garry
Tuesday, February 04, 2003 3:55 PM
Goudeau, Cyndie; Norman, Lois; Brink, Carolyn
Phillips, Sue; Wilson, Denise A.
FW: Clearwater Pass
.
Cle4f*'ater Pass Vessel
Restric.. .
Please add this to the Commission packets under 34b.
thx,
Garry Brumback
Assistant City Manager
(727)562-4053
-----Original Message..---
From: Morris, William
Sent: Tuesday, February 04,20038:27 AM
To: Phillips, Sue
Cc: Brumback, Garry
Subject: Clearwater Pass
Garry; I do have state support to move forward with whatever bounds the Commission will accept if the law enforcement
effort falls short of its goal and needs a corridor for response to public safety issues. There are two slides attached. Email
trail with State attached. Bill M
-----Original Message-u--
From: Morris, William
Sent: Tuesday, January 14, 2003 8:50 AM
To: 'Alford, Tara'
Subject: RE:
okay which area is "no mans land" the exclusion zones or party central?
I think I read that the "exclusion zones would be "No mans Land" and our intent would be to put access corridors like we
have at Clearwater Beach through the swim zone that we have on the "swimming beach" so that the businesses that exist
can continue to rent jet skis, take hotel patrons parasailing without having to push through and in some cases climb over
boats all along the .Clearwater Pass" shoreline.
Mod 1 graphics attached..
-m.Original Message....-
From: Alford, Tara [mailto:Tara.Alford@fwc.state.fl.us]
Sent: Tuesday, January 14, 20038:18 AM
To: Morris, William
Subject: RE:
ok, if I understand what you are asking is to do two exclusion zones on either side of the "party central" area?
we would not have a problem, just bear in mind that this area would become a "no mans" land. No vessels, other than
emergency or LE responding to some type of call.
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..---Onginal Message..--.
From: Buysse, Beverly
Sent: Thursday, January 30, 2003 2:07 PM
To: r-1orns, William
Subject: Sea surplus
Capt Donnie said that he could have a boat standing by when you do your sting
ops and do the impound on the boat hull it out take it to his lot, where it can be
retrieved later by the owner. He said just to let him know and he will have a crew
here ready willing and waiting.
Bev Buysse
Assistant Director
Marine and Aviation Department
City of Clearwater
727 -462-6954
Email: bbuysse@clearwater-fl.com
'...-Original r-lessage.....
From: r-lorris, William
Sent: Tuesday, February 04, 2003 2:26 PM
To: Waters, Michael; Ruff, Bryan D.
Cc: Williams, Dewey; Brumback, Garry
Subject: RE: seasurplus
Just an FYI... Florida Law (327.731, F.S.) requires that anyone convicted of
- a criminal boating violation 0(...
- a non criminal boating infraction which resulted in a boating accident or...
- two non criminal boating infractions within a 12 month period
must enroll in, attend and successfully complete a CLASSROOM boating Safety course,
and file proof of completion of the course to the FWC within 90 days of completion...
Until this requirement is met, the violator's privilege to operate a vessel in Florida is
Suspended. A violation of this is a second degree misdemeanor. (correspondence or
online courses do not fulfill the requirement)
new information to me... thought I would share it... bottom line we through the state can
take away someone's boat operating privileges as tough as it would be to monitor...
Looking at putting a good camera at our storage yard on Sand Key and tie it in to the
sailing center system...
BillM
( f)!
Intill Discussion January 9. 2003
1. Introduction
a. When we were talking COB, I mentioned some concerns with infill.
b. Tonight want to introduce the subject
c. Give you a chance to consider the issue
d. Talk about it at our next meeting.
2. I nfill
a. I noted split decision on one of the COB cases on 11/19 and wondered if
there were policy issues in need of clarification.
b. Noted general neighborhood opposition to the requested 56 feet height of
the proposed building that was on the edge of a MHDR and LMDR
boundary on north beach. They were requesting 56 feet plus the tlood
elevation and the roof mechanical allowance. So it could be as much as
86 feet high vs. most surrounding properties in the 30-40 high range.
c. I reviewed the staff recommendation. Compared it against the code and
concluded that the staff recommendation seemed to be inconsistent with
my reading of the code.
d. Talked to the City Manager and was advised that other members of this
Commission were giving him POLICY GUIDANCE to be as liberal as
possible to allow infill.
e. My position is that infill is the third level of variance and should be very
restrictively used. Standard, Flex Standard, and Flexible Standard come
into play first. Then on top of this we allow infill variance with no limits.
f. I am especially concerned with height and building mass.
3. Suggested Action
a. I have some infornlation I will pass out. After you have had a chance to
review it I would hope that I could receive your thoughts and understand
what POLICY guidance you have been giving to the City Manager.
Commission lnfill Discussion 030 I 09.doc
Page 1 of 4
Printed 1/9/2003 5:02 PM
4. Policy Issues:
a. Shouldn't an inti)) decision should consider the current status of the
adjoining properties. I f they are newly renovated. thcn the variance on the
inti)) site should be consistcnt with them. If they arc greatly dcteriorated,
then thc infill should be consistcnt with what might bc rcdevelopcd on the
adjoining propertics.
b. Shouldn't an infi)) variance be a give and take with the adjoining
propertics. In no instance should the infill degrade an adjoining property.
The infi)) variance should be a plus for thc immediate neighborhood. We
should consider how to involve the neighborhood.
c. Shouldn't an intill decision on the edge of a zoning district give some
consideration to the adjoining district? This kind of language is in the
code [2-404 A.3] but inexplicitably it only applies if an adjoining district
is the low-density zoning category.
a. There is a reference to vertical component (2-404 A. 2. b) of the view, but
this too only applies from a low-density zoncd property. I don't
understand why this restriction would not also apply to Low Medium
Density Residential. Pcrhaps with a distance requirement.
d. What kind of documentation is nceded to demonstrate "Impracticable"
without deviations?
e. Should financial viability be ajustification? It is NOT now part ofthc
code.
f. What does Beach by Design's Old Florida "transitional" concept mean?
g. What does "reducing the vertical component of the view from a parcel of
land which is designated as low density residential in the Zoning Alias"
mean?
h. What involvement of the neighborhood should be required (like
Miami)'!
5. Background Information
a. Infill Definition from code 8-102:
1. Residential infill project means a development approved pursuant
to flexibility criteria that allow the development of properties,
which due to unique conditions or historical patterns of
de\'elopment of ownership could not otherwise be developed.
[CURRENT POLlCY].
b. 2-404 Flexible development standards for - Residential Infill Projects:
i. The development or redevelopmcnt of the parcel proposed for
. development is otherwise impractical with deviations from the
intensity and development standards.
c. LMDR Levels of standards
1. Minimum Standard Development: 30 feet
11. Flexiblc Standard Developmcnt: 30 fect
111. Flexible Development: 30 feet
iv. Residcntial Infill: No limits
d. MHDR Levels of standards
Commission Inti)) Discussion 030109.doc
Page 2 of 4
Printed 1/9/2003 5:02 PM
1. Minimum Standard Development: 30 feet
11. Flexiblc Standard Dcvelopmcnt: 30-40 fcct
Ill. Flexible Development: 30-50 feet
IV. Residential1nfill: No limits
1. Flcxibility in rcgard to . . . height. . . an: justificd by thc
benefits to community character and the immediatc vicinity
of the parcel proposcd for developmcnt. CURRENT
POLICY
e. Height rules
i. Start above flood levcls - 14 fect
ii. Roof
1. Pitched roof- halfway up
2. Flat roof - Elcvator and equipment get an extra 16 fect
f. Other jurisdictions
i. Oregon Growth Management Program - betwcen two existing
buildings thcn no higher than five fcet abovc the two adjacent
buildings.
11. San Antonio Texas: shall be compatible in massing to buildings on
adjoining lots.
Ill. Miami: Promote good design with a clear objective of
empowering the residents, business owners, and all other
stakeholders in determining the character and intensity of
development in and around their neighborhood.
Commission Inml Discussion 030109.doc
Page 3 of 4
Printcd 1/9/20035:02 PM
eBB Decision 11/19
1~ Somcrset Rcsidcntial Infill Summary
I. The property is located on the north edge of a MHDR zone district. immcdiately
south of LMDR zoning on thc Gulf of fvtexico.
'") The property was pr~\'iously Rtvt-20 which had a height limit of 30 fcet. RM-20
and RM-24 wcre combined into MI-IDR in thc 1999 code change. RM-24
allowed a hcight of 50 ti:ct under thc old codc.
3. The base height in MHDR is 30 ti:ct, but currcnt District Flexible De\'elopm~nt
allows 50 ti:ct under certain conditions where ..the increased height will not
reducc thc vcrtical component of the view from a parcel of land which is
dcsignated as low dcnsity rcsidcntial in the Zoning Atlas:'
4. Thc property is immediatcly adjacent to LMDR whcre the hcight limit is 30 fi:et
even with the District Flexible Development provision.
5. The definition of intill is "a dcvelopmcnt approved pursuant to tlexibility criteria
that allow thc development of properties which due to unique conditions or
historical patterns of development and ownership could not othcrwise be
developed:'
6. Residentiallnfill within MHDR [Scc. 2-404 (F)j is allowed where "The uses
within thc residential intill project are compatiblc with adjacent land uses". It
furthcr allows '"flexibility in regard to. . . hcight . . . justitied by the benefits to the
community charactcr and the immediate vicinity of the parcel proposed for
de\'elopment and the City of Clearwater as a whole:'
7. The applicant's application provided the following answer to thc question "Thc
proposcd devclopment ofthc land will be in harmony with thc scale, bulk,
coverage, density and charactcr of adjaccnt propcrtics in which it is located":
"Ycs similar hcight bldg 2 blocks to thc south. We are providing grcatcr sct backs
than the cxisting:'
8. The propcrty two blocks to the south is in the middlc of thc Old Florida district of
Beach by Design not on the edgc of it.
9. The "Old Florida" district of Beach by Design calls for a transition bctwecn the
residential and resort uses to the south. It further spccifics, "building hcight
should be low to mid-rise in accordancc with thc Community Development
Code." MHDR code allows only 50' undcr thc District Flexiblc Dcvelopment
standard.
10. The drawings submitted with the application show substantial architcctural
parapet walls above the roof level to hide the mechanical cquipment.
11. Thc staff rcport statcs in part that thc "incrcasc in hcight is ncccssary to providc a
viablc product and allows for the placement of parking undcmcath thc building."
Parking would bc allowcd bclow the flood basc levcl c\'en without any hcight
variancc. "Viablc product" is not defincd.
12. In the paragraph which would addrcss impact on thc immediatc vicinity, thc staff
rcport statcs that thc "rcductions in setbacks will providc a building similar is (sic)
size and scalc to othcr buildings along Somcrsct Strcct:' No comparison was
dctailcd to the rcsidential buildings to thc north.
Commission lnlill Discussion 030109.doc
Page 4 of4
Printed 1/912003 5:02 Pi"t
MEMO
,
COPiES TO:
CO'.1,\lISS/ON
To:
From:
Date:
Subject:
Bill .J onson. Commissioner. City of Clem'water
Larry S. Ptlueger
Decemher 23, 2002 ~
Inlill Information /- - - 7
DEe 2 7 2002
PRESS
CLERK ATTORNEY
Mr. Jonson:
Davc I-lealey asked me to put together some information for you regarding dcfinitions of
"innll." I have attached information that I hope you find helpful.
As one article says, infill is "a loosely defined term." One of the things that stands out
when reading the materials is the Jifrercnt definitions used by various jurisdictions. Some
are very conservative and define infill as taking place only on vacant parcels that were
passed over in already developed areas. Often times that happcned because of
environmental or physical factors that made the parcel less appealing than others, In this
vein, the City of Overland Park, Kansas, defines infill as a ",'acant or substantially vacant
tract of land sUlTOll!1ded by existing dcvclopment." Fort Collins, Colorado, includes in
their description that thc parcels "are often fully serviced and do not require additional
city services to become viable for development."
Other jurisdictions take a more broad view of infill and define it as virtually any type of'
redevelopmcnt of previously developed parcels as well as vacant or underutilized land in
developments. The Real Estate Portfolio says that it can include ".. .development projects
on vacant urban land or the redevelopment of a blighted building or neighborhood...."
The San Antonio code says that infill includes "vacant, bypassed lanJ, or the
redevelopment of undcrutilized buildings or structures. within cxisting built-up areas'"
And, the State of Florida defines an "urban innll and redevelopment area" as "an area or
areas dcsinnated bv a local oovernment where:
o .' b
Principal Planner
Pinellas Planning Council
()oo Clc"c1anu Street. Suite S)()
ClearwatLT. f-L J:17:,:,--ll ()()
'I'd: 727.-l("-+ S2)()
F.-\~: 727..H,J,S.212
1:-\1;111: IpnllL'~Li: cll.pinL!~.:, tllls
.
lnfill Definitions
Page ~
(a) Public services such as \Vater and wastewater, transportation. schools, and recreation
are already availahle or arc scheJulcd to he proviJed in an adopted 5-year schedule of
capital improvements:
(b) The area. or one or more neighborhoods within the area. suffers from pervasive
povcrty. unemploymcnt, and general distress as dcfineJ by s. 290.0058;
(c) The area exhibits a proportion uf properties that are substandard. overcrowded,
dilapidated. vacant or abandoned, or functionally obsolete which is higher than the
average for the local government:
Cd) More than 50 percent of the area is within 1/.1 mile of a transit stop. or a sufficient
number of such transit stops will be made available concurrent with the designation; and
(c) The area includes or is adjacent to community redevelopment areas, brown fields,
enterprise zones. or Main Street programs. or has been designated by the state or federal
government as an urban redevelopment, revitalization. or infill area under empowerment
zone, enterprise community, or brownfield showcase community programs or similar
programs."
I wish I could providc you a more precise definition. It appears, more or less, that infill is
what a community says it is. Same goes for "redevelopment." The different definitions
indicate that the definition is not the major issue, but some thought should go into
developing it. Rather, once you do, performance standards or criteria should be written
into the city code so that all involved can identify it when someone represents that what
they want to do is infill development.
You will see that there are some commonalities in most of the materials regarding infill
viability. It may seem obvious, but in order for infill to succeed. there must be a market
for it and it must be financially feasible for the developer. There are many cases were
code restrictions, lack of financing, etc. have made infill infeasible, even though there
may have been a market.
Other commonalities include a variety of impediments. Among these are physical
constraints of the land itself (wetlands, brown fields, etc.). lack of basic infrastructure,
neighborhood objection to the infill project, and the cost of land in relationship to
allowable density.
In addition to the attachments, some other useful references include:
I. Strategies For Sltcces.\jid /1lfill Development hy thc Northcast-Midwcst Institutc and
Congress for the New Urbanism, 2001.
'"'
,
Inrill Definitions
Page 3
2. /nJilI Del'elopl11ent Strategies for Shaping Li\,(lble Neighborhoods by the ivlunicipal
Research & Services Center. Jun~ 1997, Report No. 38.
3. Eastward Ho! Fi/1ancilll /l11pedi/1/l'llls line! Sollltions to Redevelopment by the
Florida Atlantic University/rlorida International University Joint Center for
Environmental and Urban Problems. January, 1998.
Please let me know if what J've sent you sufficiently addresses your concerns and
providcs some answers for qucstions you may havc. If you need additional information,
please let me or Dave know and wc will do our best to get it for you.
I:\USERS\WPDOCS\LA\MISC\Infill Bill Jonson.doc
,
City of San Antonio, Texas
.
Unified Development Code
.
The Use Matrix is not applicable to a Mixed Use District proviaed however, that no building permit shall
be issued unless requested use conforms to a Master Development Plan approved as part of a rezoning
to an MX District. If an MX District is not approved pursuant to a conditional rezoning, permitted uses
shall be governed by the TND Regulations, A TND may be perrn:tted in an MX as of right.
(c) Lot and Building Specifications
See TND Regulations (~ 35-207 of this Chapter),
(d) General Provisions
See TND Regulations (335-207 of this Chapter).
35-342
Transit Oriented Development District (UTOD")
The TransitOriented Development District encourages a mixture of residontial, commercial. and
employment opportunities within identified light rail station or other high capacity transit areas, T/1O
district allows for a more intense and efficient use of land at increased densities for the mutual re-
enforcement of public invp.stments and private development. Uses and clevelopment are regulateel to
create a more intensa ,'wilt-up environment, oriented to pedestrians, to provide a e/ensity and intensity
that is transit supportive. The development standards of the zone also are designed to encourage a safe
and pleasant pedestrian environment near transit stations by encouraging an intensive area of shops
and activities, by encouraging amenities such as benches, kiosks. and outdoor cafes, and by limiting
conflicts between vehicles and pedestrians. It is the intent of this Section that a TOO district be restricted
to areas within one-half (Yz) of a mile of a transit station, which area is equivalent to a typical 1 O-minute
walking distance.
(a) Locational Criteria
See 3 35-208(c).
(b) Development Standards
No Application shall be approved within a TOO district unless it complies with the standards set forth in
the TOO Use Patterns, ~ 35-203 of this Chapter.
35-343
Infill Development Zone (UIDZ")
To provide flexible standards for the development and reuse of underutilized parcels. Urban design
standards are required in order maintain a neighborhood commercial scale, to promote pae/estrian
activity, and to maintain the unique character of the center. Pedestrian circulation is required as are
common parking areas, Any use may be permittee/within an IDZ so long as it c;umplies with the
standards of this Section.
.
Article 3: Zoning
.
Page 3-94
I.p..' 9, 2001
City of San Antonio, Texas
.
Unified Development Code
.
The purpose of this section is to encourage and facilitate development on vacant, bypassed lands, or the
redevelopment of underutilized buildings or srr1Jctures, within existing built-up areas, The specific
purposes of this section are:
. To provide a more flexible approach to design and development of in fill projects.
. To use the objectIVes of Smart Growth as the basis for evaluating proposed infi/! projects.
. To encourage intill devclcpment by simplifying procedures for plan approval and public involvement.
. To encourage planning and design flexibility and innovations.
. To create a community environment that is enhanced by a mix of residential, commercial,
recreational, open space, employment and institutional uses.
. To assure community compatibility through high standards of land planning. site and architectural
design.
. To encourage efficient use of lancf and public services.
. To ensure adequate public facilities and other community amenities by simplifying and streamlining
the approval of private development activities in areas with existing public facilities and
infrastnlcture.
The provisions of this Section apply to a geographic portion of the City adopted by City Council to
compliment the Community Revitalization Action Group (CRAG) Report of the Special Projects Office of
the City.
The IDZ implements the following policies of the Master Plan:
. Growth Management, Policy 19: Continue to make physical improvements in the inner city to
encourage redevelopment and infill development.
. Economic Development, Goal 4: Provide economic opportunities in targeted areas, particularly
within Loop 410 and the southern sector.
· Neighborhoods, POlicy 1 a: Rezone vacant or underutilized property in and around neighborhoods to
encourage redevelopment that is compatible inllse and intensity with the existing neighborhood.
. Neighborhoods. Policy 1d: Promote conversion or adaptive reuse of vacant or underutilized
commercial buildings to provide affordable infill housing.
. Neighborhoods, Policy 1d: Provide incentives to the private sector to promote reuse of vacant or
underutilized commercial buildings for affordable housing through such mechanisms as zoning and
plaiting processing.
· Neighborhoods, Policy 2b: Amend the Unified Development Code to .., create mixed use districts.
. Neighborhoods, Policy 4a: PreselVe and revitalize housing and promote targeted infil/ housing in
neighborhoods, particularly older neighborhoods located inside Loop 410.
· Urban Design, Policy 1c: develop zoning regulations that would allmv mixed-use development (i.e.
residential and commercial) to be placed in the same building.
. Urban Design, Policy 1 d: Develop criteria and procedures for infill development which will enhance
the character of neighborhoods.
. Urban Design. Policy 1 e: Pem1it zero setbacks for commercial and multi-family developments.
· Urban Design, Policy 4b: Use incentives to encourage development in underutilizecl urban areas.
. Urban Design, Policy 4b: Consicfer alternatives to existing Setback, right-of-way. and otller plaiting
and zoning requirements to encourage de\'elopment.
· Urban Design, Policy 4b: Consider rezoning underutilized areas to accommodate and promote
appropriate redevelopment, while being cognizant of the surrounding areas' environment.
.
Article 3: Zoning
.
Page 3-95
/..pnl 9. 2001
City of San Antonio, Texas
.
Unified Development Code
.
. Urban Design, Policy Sb: Encourage resident and employment growth within \'Ialking distance of the
downtown area and neighborhood centers in order to support an inter-modal transportation system.
. Urban Design, Policy Se: Promote publIC and private sector, ride-sharing, flexible working hours,
parking management innovations, and mixed-use developments as means of reducing the demand
for peak period vehicular trips.
(a) Locational Criteria
(1) Generally
An IDZ may be located within Community Revitalization Action Group (CRAG) target area as designated
on the effective date of this Chapter, which area generally includes the territory located inside the
corporate boundaries of the City as they eXisted in 19<;0. An IDZ may also be located in a Census Tract,
an area subject to a Neighborhood Plan adopted pursuant to 9 35-420 of this Chapter, or other area
designated by the City Council pursuant to an ordinance establishing an IDZ zone, in which at least two
(2) of the following factors are present:
A. At least ten percent (10%) of the structures are abandoned: or
B. At least ten percent (10%) of the platted lots are vacant; or
C. At least ten percent (10%) of the lots or structures are subject to tax liens.
(2) Mapping
The Planning Department may prepare a map of Infill Development Zones (IDZ's) which meet the criteria
set forth above. The IDZ may be approved by the City Council as part of the Official Zoning Map.
(b) Use Regulations
(1) Unless the ordinance designating an IDZ provides otherwise:
A. A proposed lnfill Development with frontage on a Local Street may be approved for any
use permitted in the Base Zoning District in which it is located,
B. A proposed Infill Development located on a Collector Street or higher classification may
be approved for any use permitted in the following zoning districts: any Residential
Zoning District, 0 (Office), NC (Neighborhood Commercial), C-1 (Commercial), C-2
(Commercial), C-3 (Commercial), or D (Downtown).
(2) The ordinance designating an IDZ may provide:
A. a list of permitted uses, specific uses, and prohibited uses pursuant to a Neighborhood
Plan; or
B. a designation of the IDZ as an Overlay Zoning District, in which case the permitted uses
are those authorized in the Base Zoning District designation.
.
Article 3: Zoning
.
Page 3-96
;'pflI9.20)01
City of San Antonio, Texas
.
Unified Development Code
.
(c) Lot and Building Specifications
The side, front and rear setback provisions of the Zoning regulations (Article 3) shall not apply to an
approved Infill Development provided, however, that no new or existing building shall be erected,
constructed or expanded to extend within the public right-of-way or within five (5) feet of the rear lot line.
(d) Adequacy of Public Facilities
The Adequate Public Facilities Regulations (935-502 of this Code) do not apply to an Application for
Development Approval within an IDZ.
.
Article 3: Zoning
.
Page 3-97
Apnl 9. 2001
City of San Antonio, Texas
.
(e) Transportation
(1)
Standards not applicable
The Transportation Standards shall not apply to Infill
Development which involves the activities listed in
subsections A and B below, except as provided in
subsections (2) below. The Transportation Standards
shall apply to all other fnfill Development not listed
below.
A. The reuse of an existing
building; or
B. The development of an
existing parcel or lot of less
than twenty-thousand
(20,000) square feet.
(2)
Standards which are applicable
Unified Development Code
.
.."M...... I ~ I ~ ' Wj' . I ~ i ~ ~
MO, /,,_.l.._, l_.~, _ .._ I
~...,".... Right-af-way not in
align m ent (not
permitted)
. .
1~1~1 Wjl. I ~l ii11
"';"'00" v,. " ' .
.,,, /,_"t._ [,_. l. _ .l. _ l _.1
"..'''.... Right-of-way aligned
with predom inant
alignment (permitted)
Figure 343-1
The following provisions of the Transportation Standards shall apply to alllnfill Development, including
that listed above:
A. Standards relating to sidewalks, 9 35-505(q) provided, however, th::lt the
Applicant shall not be required to provide a sidewalk width exceeding that of any
existing sidewalks adjoining the site.
B. If the lot adjoins a Street in which the Right-of-Way is not aligned with the
adjoining parcels. the standards relating to the dedication of Right-of-Way (9 35-
505(g)) shall apply (see Figure 343-1).
(f) Storm water Management
Infill Development shall comply with the Stormwater Management Standards, 9 35-504 of this Chapter,
except as otherwise provided herein. The Stormwater Management Standards shall not apply to the
following:
(1) The reuse of an existing building; or
(2) The development of an existing parcel or lot of less than ten-thousand (10,000) square
feet.
The Stormwater Management Standards shall apply to all other Intill Development not listed above.
(g) Utilities
The Utilties Standards shall apply to Inrill Development.
.
Anicle 3: Zoning
Apnl9,2001
.
Page 3-98
City of San Antonio, Texas
.
Unified Development Code
.
(h) Parks & Open Space
H.e Parks and Open Space Standards (9 35-503 of this Chapter) shall not apply to Infill Development.
(i) Natural Resource Protection
The Natural Resource Protection Standards (Article 5, Division 5 of this Chapter) shall not apply to Infill
Development.
lj) Buffers, Landscaping, Streetside Planting and Tree Preservation
The Buffering Standards ( 935-510) shall not apply to Infill Development. The Landscaping Standards
(9 35-511) and Streetscape Planting Standards (9 35-512) shall apply. An additional twenty-five (25)
points shall be awarded under 9 35-511 (m) (Elective Requirements). for landscaping on lots within the
IDZ.
(k) Parking
The minimum parking requirements of the Parking Standards shall not apply to Infill Development. All
other provisions of the Parking Standards shall apply to Infill Development.
(/) Outdoor Storage
The Outdoor Storage Standards shall apply to Infill Development.
(m) Urban Design
Any new building, or any extension or enlargement of an existing building, shall be compatible in
massing to buildings on adjoining lots. For purposes of this Section, the term "massing" refers to the
shape and form of a building provided by all, or a combination of, architectural elements such as roof
configuration, spacing between buildings, setbacks from the street right-of-way, proportion of
fenestration and entryways, building form, exterior building materials, building scale, architectural styles,
and landscaping. See Richard Hedman, Fundamentals of Urban Design (Chicago: American Planning
Association, APA Planner's Press, 1985), at 11-19, which document is hereby incorporated by
reference. A building or site plan shall be considered to be "compatible in massing" to adjoining
buildings or uses if at least two (2) of the following elements are provided:
sr.,......... ..._......_r-.. ....... .......... r::ACADES, A narrow setback
)vided between building facades
fer to frame the structure and to
en the structures. If an adjoining
" ,all be located within ten (10) feet
sions of this section shall not
wellings or lots adjoining a
.
Article 3: Zoning
.
Page 3.99
;',pril 9, 2001
, . 'U '" -.' ,
,,- 1 rU(U"): -. ;!
. . iv~lPmn~nf
... ' - ~
! ~..
special section
Index
DJC.COM
Page I of
Augus:9,2001
The scoop on infill development
Ofte1l complicated, h~{ill del'elopmcllt isfurfher hampered by gOl'Cr1lme1lt
regulations.
By KAREN ANDERSON-BITTENBENDER
Intraco'l) Real Estate
\Vhat is infill
developmcnt? It is
redevelopment of
cxisting dcvelopmcnt.
In thc Pugct Sound,
infill has now become
a focus for city
officials 3nd
developers. Most of
these dcvclopmcnts arc
four to five storics of
housing with rctail on
the strect/sidewalk
lcvel and underground
parking garage. In
areas of Seattle and
Belle\'llc, high-rise
infill development has
becomc prominent.
Photo courtcs~' of Intracorp Real Estate
Uptown Espresso ut the Sidne)' apartments in Seattle
Ims outdoor tables where customers can plug in their
laptops. Above the store at Fourth and Wall are 118
apartments.
\Vhy is there this focus on infill developmcnt? There are scveral reasons:
1. Growth management in the state, and pru1icularly in thc Puget Sound
arca, has designated urban arcas to focus rcsidential dcvelopment. It mcans
to make growth managcment work, we must tear down what is alrcady
built, and redevclop it in a more intense use. Only by doing this can wc
prcservc the rural arcas of the Pugct Sound.
2. Duc to growth management, wctland rules, stcep slopcs and cndangered
species, therc is less raw land to dcvelop.
3. Pcople arc choosing to live in major urban areas of Pugcl Sound in
mixed-use infill. Commute timcs arc long; peoplc are choosing to livc
closcr to work. Many cities are alsodcvcloping amcnitics that makc them
desirable places to livc.
4. Somc citics are encouraging mixed-use infill and arc trying to create the
nccessary zoning to make this happen.
1nfill is a challcnging foml of developmcnt. lntracorp has becn building
infill devclopmcnts for ovcr a decade. and wc consider this our spccial
market niche, Our GGLO-dcsigncd Sidncy apartment community on Fourth
and Wall ill Scattle is a grcat cxample of an infill. midrisc. mixed-use
dc\'e1opmclll.
Page 2- of
lnfill is a challenging form of development. It St:,lllS with trying to
accumulate enough parcels of 13nd with the light zoning to be able to allow
for an economically feasible project. Financial feasibility for each
developer means something different. The struggles are gctting parcel
owners to all agree to sell in a similar time frame for a price that makes
economic sense.
The favorite parcels are those that give you at least a half block with strcets
on three sides. The large blocks of many suburban cities are very
challenging for infill. Having an alley to add to this is pure joy. Alleys
serve many purposes. They are a place for the parking garage entrance, a
place for the dumpsters to sit on garbage day, a place for any unloading and
loading, a place for the garage ventilation fan to face, and I could go on.
Sites without alleys mean a developer must struggle to find appropriate
places for these functions, often sacrificing density to create sp3ce.
Once you find and acquire a site (usually a number of parcels), an
experienced design team with mixed-use housing is recommended. The
codes are complicated as a developer tries to maximize the density. Even
though there is a state building code, each city interprets the code
differently - making development frustrating since it affects your density
and quality of development. The new changes required by the 1997
building code added more seismic requirements, which added costs.
Certainly, with the recent earthquake, no one is suggesting we change the
code, but no one appreciates the extra cost, as public officials complain
about the high cost of housing and customers complain about rents.
Potential historic buildings on the infill parcels are a great dilemma, since
they often aren't identified as such until you are part way through the
process of receiving site plan approval and SEP A sign off. Intracorp has a
historic consultant research a site and its buildings early in our feasibility
process.
Another challenge of infill development is creating 3ttractive livable
residential mixed-use developments. What do the potential customers
(renters and buyers) for this kind of housing desire? How do we make it
their first choice? How do we activate the street. and attract retail that will
serve the needs of our customers? How close will they live to the building
next door? What level of sound from the outside can they tolerate? How do
we give our customers homes with large windows (light and bright) when
the energy code has been requiring smaller windows?
Every infill project struggles to find the right balance to these questions.
Constructibility is a huge problem for infill development. Building on small
sites, with little space for construction trailers, equipment and lay-down
area is a challenge for everyone, and adds to thc costs. Shoring the site
instead of open cut is the usual rule, and shoring next to existing buildings
requires good engineering, knowledge of the stl11ctural system in the ncxt-
door building and a very knowledgeable shoring contractor. E,'cn tearing
down buildings next to one that is staying rcquin.'s f.rcal skill.
htt"./I'''H'''' ,I;,.
rvtany cities arc encouraging infi)) de\'(~lopmcnt III their downtowns. Inl1ll
development is more expensivc than building three-stury, wtlt1d-framc
L .c:./r,./111 "J.l(i1(l hlrnl
I 'rnlll~
Page .3 0
walk-up apartments with large parking lots. The parking garage adds great
costs, and in a good number of our urban designated cities. the economics
are not thcre at this time to build iniill.
Many cities add to the problem with the following disincentives:
I. Setting density on pcr unit, per acre for downtown zones instead of floor
area ratios (FAR) will increase the challcnges for a dcveloper. Setting
FARs so low (2.5 or less) and then requiring them to buy transfer of density
lights only increases costs und complications for a developer. To cncourage
infill residential mixed-use, sct a height and allow unlimited FAR.
2. Huge parking requirements. Cities need to let the market place decide
the right level of parking for infill.
3. Retail is discouraged by huge parking requirements, which results in the
developer trying to minimize retail rather than maximize the potential on
urban streets.
4. Huge open space requiremcnts on tight sites.
5. Trec planting requirements for new devclopments, including infill sitcs.
6. Large traffic mitigation fees, school fees and park fees that treat them
like a development with large homes. Add this burden to the parking
requirement burden, and you create development that won't happen since it
won't be financially feasible. To encourage infill development, all these
fees must be eliminated.
7. Height requirements that don't understand how these buildings are
constructed and the requiremcnts as to how height is measured pose terrific
challenges. Infill buildings can't have changes of floor levels inside the
building. Some zoning codes don't seem to understand this simple
principal.
8. Fire Departments that don't understand how to deal with higher density
housing, and place requirements that defeat the conccpt of urban infill
housing. This often makes a site financially unfeasible.
Mixed-use residential is becoming more the housing of choicc for our
customers. A partnership with the cities and the dcvelopers will crcatc good
livable infill urban neighborhoods. Adding this ncw vitality to our
downtowns is an exciting prospect for the future.
Karen Allderson-Bittenbender is a principal witll /lItracorp Real Estate LLC.
Other Stories:
. The future is looking UP
. Pricing gridlock out of the market
. Urban development picture includes artists
. Protecting views makes sense from every angle
I 2/2 3/0~
Pa~~ 4"0;
. Urban development versus the public process
. Energizing Everett
. Getting the ball rolling with affordable housing
. A blast from the past - modernism is back
. Public places - look between the buildings
. DSA puts a downtown neighborhood on the 'Edge'
. Rx for Seattle's growing pains: Collaboration
. Rubbernecking leads urban retail revival
. Infill problems? Get creative
. Earth-shaking discoveries impact design
. Downtown becomes a shopping mecca
. Urban form gets its roots from nature
. Retail? Start with the first floor
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12/23/O?
INFILL ~=JEVELO?I.~=m DESIG~ GLlDELlNES AND STANDARDS
III. GENERAL PROVISIONS
A. GENERAL INTENT
The general intent of these Infill and Redevelopment Design Guidelines and Standards is to
improve the overall quality of infill and redevelopment in the older, established areas of
Overland Park; ensure that infill and redli!elopment are (1) compatible with surrounding
land uses, (2) enhance the existing character of established areas, and (3) improve the
overall image of declining areas; provide design incentives for projects that provide unique
design features and community amenities; ad provide a user-friendly document and review
process.
B. APPLICABILITY
The area north of Interstate 435 is charactetied as the older, more urbanized portion of
Overland Park. The Overland Park Master Plafuture development plan north of Interstate
435 almost mirrors existing land uses, suggesting that the land use pattern for this area is
largely established. Furthermore. with only 2.5% or 327 vacant acres available for
development as of 2001 , the area north of nterstate 435 will generally experience three
types of development in the futue: (1) development on small ilfill tracts. (2) redevelopment
or rehabilitation of older uses and (3) demolition and assemblage of lots. Because this area
will receive the bulk of infill and redevelopment within the coming years and the majority of
development south of Interstate 435 is expected to be new growth or "greenfield"
development, we recommend the redevelopment and infill design guidelines apply only to
the area north of Interstate 435, with the exc"tion of Downtown Overland Park (which has
its own set of design standards). To apply these standards, it is also recommended that the
area north of Interstate 435, outside the downtown, be designated and mapped as an Infill
and Redevelopment Overlay Zone primarily north of Interstate 435.
The design guidelines and standards will apply to all infill, redevelopment, major
rehabilitation of multi-family and commercial, and some minor rehabilitation of large
commercial centers, and new single-family and duplex developments within the Infill and
Redevelopment Overlay Zone (as depicted on ltlfollowing page). These standards do not
apply to Downtown Overland Park. Infillredevelopment, and rehabilitation shall be
defined as follows:
1. Infill shall mean development on property that is located primarily north of
Interstate 435, (the Infill and Redevropment Overlay Zone), and which is
proposed for a vacant or substantially vacant tract of land surrounded by
existing development.
2. Redevelopment5hall mean development on property that is located primarily
north of Interstate 435, (the Infill ard Redevelopment Overlay Zone), and which
is proposed for a tract of land with exiting structures where fifty percent (50%)
or more of the existing structures would be demolished and a new structure or
structures built.
. ---.----.--
CITY OF OVERLAt~D P;\f~K KANS:\S
~
I
OCTiJLlE'R 7, 2002
INFI~_ 'R::DEVELopr.~::riT DESIGN GUIDELINES AND STANDARDS
3. Major Rehabilitationshall mean any renovation, restoration, modification,
addition, or retrofit of a structure or sle that exceeds fifty percent (50%) of the
current appraised value of any structlH or site as established by Johnson
County. Rehabilitation costs shall be aggregated over a 5-year period to
determine whether the developments subject to these rules. Major
rehabilitation shall not include routine mantenance and repair of a structure or
other feature on the surrounding site, such as roof replacement or general
repairs to a parking area or other site feature.
4. Minor Rehabilitationshall mean any renovation, restoration, modification,
addition, or retrofit of a structure orsite that exceeds 25% and is less than 50%
of the total value of the property. Value shall be established by the same
calculation used for determining the total costs of improvements reported on the
city's building permit application. Minor rehabilitation shall not include routine
maintenance and repair of a structure orother feature 'on the surrounding site,
such as roof replacement or general rpairs to a parking area or other site
feature.
C. REVIEW PROCESS
1. General These Infill and Redevelopment Design Guidelines and Standards shall
be applied in the normal review proces~for, as applicable, rezonings, site
plans, subdivision plats, and developmentll3ns, as set forth in Chapter 18.140
of the UDO.
2. Site Plan/Citv Approval Required Prior to Permit&. developer of any project
falling within the definition of infill, redevelopment, or major rehabilitation, as
set forth above, shall submit a site plan to city staff prior to application for a
building permit so that city staff can review the site plan for compliance with
these Infill and Redevelopment Design Guidelines and Standards. This
requirement for a site plan shall apply even where Chapter 18.140 would
otherwise allow a residential or non-residential use to be developed without prior
city approval of a development plan or site plan.
3. Review Criteria In addition to the review criteria specified for each type of
development application in Chapter 18.140, each rezoning, site plan,
subdivision, or development plan appliBtion for infill and redevelopment shall
comply with these Infill and Redevelopment Design Guidelines and Standards,
except as otherwise expressly varied, modified, or waived.
4. Variances and Modifications Allowed
(a) Variances The Board of Zoning Appealsmay grant variances from the
standards contained in these Infill and Redevelopment Design
Guidelines and Standards according to Chapter 18.140.350 of the
UDO (Consideration of Variances).
(b) Deviations The Planning Commission or City Council may grant
deviations from the standards contained in these Infill and
Redevelopment Design Guidelines and Standards under the terms of an
CITY OF OVERLAND PARK, KANSAS
6
OCTOBER 7, 2002
DEFIUiTIONS
ElevatioA- The external faces of a building; also a mechanicnlly ac:urate, "head-on" drawing of
anyone face (or elevation) of a building or object. without any allowance for the effect of the laws
of perspective.
Fac;ade-Any side of a building that faces a street or other open space. The "front fac;ade" is the
front or principal face of a building, generally dened by the location of the majority of public
entrances into the building.
Fence-A man-made barrier of any material or c<mbination of matenals erected to enclose,
screen, or separate areas.
Gable Roof-A pitched roof with ridge and vertical ends.
Garage-An accessory building or portion of a main building primarily used for storage of motor
vehicles. A "garage" is distinguished from a "carport" in that a garage is enclosed on more than
three sides, so that the stored or parked car is contained entirely inside the building.
Guidelines-Advisory regulations. Guidelines are indicatetjy use of the terms "may" and "should."
Hip Roof-A roof with sloped ends instead of vertical ends.
Infill-Development on a vacant or substantially vacant tract of land surrounded by existing
development.
Maximum Extent Feasible-No feasible and prudent alternative exists. nnd nil possible efforts to
comply with the regulation or minimize potential harm or adverse impacts lH'lvO boon undertaken.
Economic considerations may be taken into account but shall not be tho ovorridinn (ilctor in
determining "maximum extent feasible."
Maximum Extent Practicable-Under the circumstances, reasonable efforts hnvo huon undertaken
to comply with the regulation or requirement,that the cost of additional cOl11plinnCll mUIlSll/'es
clearly outweighs the potential benefits to the public or would unreasonnbly burdon tile proposed
project, and reasonable steps have been undertaken to minimize any potent in I hnrm or ndverse
impacts resulting from the noncompliance.
Multi-Family Development-See "Dwelling, Multi-Family," above.
Natural Features-Include but are not limited to flood plains and surface drainage channels,
stream corridors and other bodies of water, st~slopes, prominent ridges, bluffs, or valleys, and
existing trees and vegetation.
Net Acre-The gross acreage of a site less land area devoted to street and alley rights-of-way.
Orient-To bring in relation to, or adjust to, the surroundings, situation. or environment; to place
with the most important parts (e.g., the primary building entrance and the designated "front" of a
building) facing in certain directions; or to sebr arrange in a determinate position, as in tb orient
a building."
CiT~' OF OVERLAND P!,RK. i"..ANSAS
E7
()I: Ii .Hi " '. "
~EFINITlor;s
Pad Site Suildin€}- Typically used in the context of retail shopping center development. a building
or building site that is physically separate from the principal or primary building and reserved for
freestanding commercial uses, each such use containing no more than 15,000 square feet of gross
floor area. Typical pad site uses include, by way of illustration only, freestanding restaurants,
banks, and auto services.
Perimeter FencelWaH-For purposes of these Infill and Redevelopment Design Guidelines and
Standards, "perimeter fences and walls" mean fenc(f8' walls that are forty-two (42) inches or more
III height, and are placed within fifty (50) feet ofthe edge of the right-of-way of a collector or
thoroughfare (arterial) street. Fences or walls tl1chave a surface area that is twenty-five percent
(;~5~(\) or less opaque, and hedges and screens coro~d of living plant material, shall not be
included in this definition of "perimeter fences and walls."
Porch-Any gallery, veranda, terrace, piazza, porticCQr similar projection from the main wall of a
building and covered by a roof. other than a carprt, with no opaque side enclosures (except
~cl'Oens and handrails) that is more than thirty-six (36) inches in height other than the side of the
IJlllldlng to which the porch is attached.
Primary or principal buildin€}- The building or structure on a lot used to accommodate the primary
permitted use. such use possibly occurring in more than one building or structure.
Primary Vehicle Access-In the context of multi-family development, a vehicle access to the
dovolopmont that is, at a minimum, characterizecby the following elements: (1) Full-turn vehicle
nccess (I.e., turns allowed in all directions); (2~ntryway signage with name of development; and
(3) principal entry for prospective owners or renters.
Redevelopment-Development on a tract of land with existing structures where all or most of the
existing structures would be razed and a new structure or structures built.
Rehabllitatlon-MajoF-Any renovation, restoration, modification addition, or retrofit of a structure or
site that exceeds fifty percent (50%) of the cum! appraised value of any structure or site as
established by Johnson County, Rehabilitation costs shall be aggregated over a 5-year period to
determine whether the development is subject tthese rules. Major rehabilitation shall not include
routine maintenance and repair of a structure or other feature on the surrounding site, such as roof
replacement or general repairs to a pfking area or other site feature.
Rehabilitation-MinOF-Any renovation, restoration, modification addition, or retrofit of a structure or
site that exceeds 25% and is less than 50% of Hiatal value of the property. Value shall be
established by the same calculation used for deterining the total costs of improvements reported
on the city's building permit application. Minor rehabilitation shall not include routine
maintenance and repair of a structure or otherfeature on the surrounding site, such as roof
replacement or general repairs to a pfking area or other site feature.
Retaining Waij-Any terrace or wall used to support a;teep slope, with the exception of end
sections or wing walls for city standard storm sewer structures.
CITY 0F OVEf~LM.:; ?;\R": KM~SAS
35
OCTOBER 7. 20,:;::
Preliminary Draft
Opportunities and Constraints to Community Size
Fort Collins City Plan Update
Identification of Opportunities and Constraints
One of the preliminary components of the planning process is to create a list of opportunities and
constraints that will influence the planning and future development in the City and surrounding areas.
The following categories are represented in identifying the opportunities and constraints of future
growth for the City of Fort Collins:
. GMNAdjacent Municipalities
. Infrastructure and Services
. Vacant Lands
. Policies
. Infill Development/Redevelopment
. Natural Areas/Environment/Open Space
For each of these themes, a brief discussion of opportunities and constraints is provided, followed by a
bulleted list.
GMA/Adiacent Municipalities
The foothills, existing county development and adjacent community Growth Management Areas (GMA)
to the south, east and west are constraints to growth in these directions. Opportunities for expansion of
the GMA largely lie to the north and northeast where undeveloped and unincorporated lands remain
available. The currently adopted City of Fort Collins GMA, given current zoning, plans and growth rates
may be developed within 12-15 years).
Opportunities
. Vacant land to the north and east
Constraints
. Town of Laporte
. Town of Timnath
. City of Loveland
. Town of Windsor
. Johnstown
Infrastructure and Services
The resources needed to service growth, particularly water and also electric services, must be seriously
reviewed in order to assure an adequate amount of resources are available and can be available in the
future to service future development. In many cases, services may be available, but the cost of
obtaining these services could be beyond the ability to pay. In other cases, there may be a larger
overall impact to some of these services that should be considered. Municipal services such as school,
police, fire and library also need to be taken into consideration in growth of the community. In some
instances, too much growth of one type of land use creates challenges in providing adequate municipal
services.
Opportunities
. To maximize the use of existing infrastructure
. To provide the most efficient state-of-theart systems and approaches to new infrastructure
systems
(k:t(1h~r ::011 2
Page I of.1
Constraints
. Maximum capacity of existing systems
. Costs associated with building new systems
. Overall impact to resources
Vacant Lands
Existing vacant lands within the GMA are an opportunity to accommodate new gro'Nth in the
community. The constraint. as mentioned above in the GMA category, is that the amount of vacant
lands available for development within the existing GMA could be absorbed within 12-15 years.
Density, redevelopment and infill will greatly affect land absorption rates. The availability of vacant
lands outside the GMA should also be considered. These lands may be needed to accommodate
desired growth rates. Alternatively, the City may want to influence future use of these areas and
prevent their annexation by other communities
Opportunities
. To provide for more efficient development patterns that can accommodate gro'Nth within the
GMA while maintaining a more compact urban form.
. To provide for lower densities to minimize the increase in population of the city.
. Infill, redevelopment and other land use policies can influence the availability of land.
Constraints
. Not all the vacant land is buildable.
. Development in the County will affect the amount of land available outside the GMA.
. Additional constraints may limit development on some parcels.
Policies and Other PlanninQ Efforts
Opportunities for smart gro'Nth can occur through a well-balanced and finely crafted comprehensive
plan. This must be supported by appropriate implementation tools in the land use code. Both must be
considered and developed in an integrated manner in order to support the overall community vision
identified in the Comprehensive Plan. In addition, other plans have been conducted or are in-progress
in our region that provide additional guidance of the desired future of an area. These should be
considered when looking at our future.
Opportunities
. To maintain those policies that are working and are in support of the vision and principles of City
Plan and the community.
. To update/add/modify existing policies and ordinances to better support the vision and
principles of City Plan and the community.
. Existing plans
Infill Development/Redevelopment
Infill development and redevelopment can be perceived as either an opportunity or a constraint. Infill of
vacant parcels helps to mend the urban fabric and create a viable use on underutilized lands. These
lands are often fully serviced and do not require additional city services to become viable for
development. Redevelopment of underutilized/blighted sites can also improve the value and aesthetic
of a particular neighborhood, while providing benefits to the overall community.
Perceived constraints to infi" developmenVredevelopment include: removal of old/historic structures,
change in the urban fabric, change in density within an existing neighborhood, etc.
October '::002
Page':: of.t
There are varying viewpoints 0,1 the ease/difficulty of infill developmem vs, greenfield development.
The policies and procedures of an individual community can have a strong influence on the viability of
infill development.
Opportunities
· Several infill areas have been identified
· Infill development can be completed in conjunction with enhanced transportation corridors
· Infill development utilizes existing utilities
Constraints
· Lack of incentives
· Public opposition
· Current regulations/process
Natural Areas/Open Space/Environment/Open Space
Natural Areas
The City of Fort Collins has a significant number of natural areas within the City limits. The
preservation of these areas provides an opportunity to protect wildlife habitat, drainages, views, and
improve the aesthetic qualities of the City. Where appropriate, these areas also provide opportunities
for public use. The preservation of these natural areas and their associated buffers provide some
constraints to urban development.
Open Space
The Northern Colorado Community Separator Study (1999) identified areas where urban development
should be limited in order to maintain the individual identities of communities in the region. As such,
community separator areas represent a potential constraint to further expansion of the GMA. The 1999
study identified community separators in several areas surrounding the City, including an area centered
on 1-25 between Wellington and Fort Collins, and an area east of 1-25 and Fossil Creek Reservoir
centered on the Poudre River Corridor separating Fort Collins, Timnath, and Windsor. The 1999 study
also identified a community separator are between Fort Collins and Loveland that has largely been
implemented.
Other efforts in the region have been directed at the preservation of open space for protection of natural
areas and prime farmland.
Topoqraohy
Topography along the foothills to the west and northwest of Fort Collins also provides constraints to
urban growth by restricting the amount of urban development that could feasibly occur.
Sensitive Wildlife Species
The Colorado Natural Heritage Program (CNHP) has identified Conservation Sites within the City
(along the Poudre River corridor) and in adjacent Grmvth Management Areas that are not already
designated as Open Space, Parks, or Natural Areas. CNHP Conservation Sites do not provide
regulatory constraints but often are targeted as high priority areas for preservation by both Larmier
County and the City of Fort Collins,
In areas already protected in open space. State or City Parks, or Natural .A.reas, specific sensitive
wildlife species occur, such as. interior piping plover (Charaeftjus me/oelus circlImcinctus), bald eagle
CklC"t'ler :OU2
f\l~t' 3 of .i
(Haliaeetus leucocepl1alus), Northern leopard frog (Rana pipiens). Barrow's goldeneye (Bucepl1ala
islandica). and river otter (Lutra Canadensis). Preble's meadow jumping mice (Zapus /wdsonius
preble/) has been trapped in the Fort Collins city boundaries in areas of potentially suitable habitat and
has not been found. However, USFWS has not issued a block-clearance zone for the City of Fort
Collins to date, until further trapping efforts have thoroughly covered potential habitat areas within the
city. Preble's could be a potential constraint to development near streams, irrigation ditches, and river
corridors. The federal Endangered Species Act offers protection to federally listed threatened and
endangered species, and often treats loss or disruption of occupied habitat as a "take".
The prairie dog policy for City Natural Areas is to continue to acquire, maintain and manage land that
contains existing large prairie dog colonies. This may present a constraint to urban development in
open lands inhabited by prairie dogs.
VeQetation CommunitieslWetlands/Sensitive Plant Species
Rare vegetation, as mapped in the Larimer County Open Lands Master Plan (data provided by CDOW)
occurs in patches to the northwest, north, east, and northeast of the City. Rare vegetation communities
are often protected by the City and may provide limited constraints to urban growth. Additional
important vegetation communities include riparian forests, riparian shrublands, riparian grasslands, and
wetlands. Riparian and wetland communities provide habitat for a wide variety of bird, amphibian.
reptile, fish, mammal, and insect species. These communities are rare throughout Colorado and may
fall under regulatory jurisdiction of the U.S. Army Corps of Engineers, pursuant to Section 404 of the
federal Clean Water Act. Federally and State listed sensitive plant species are also protected under
state regulations and the Endangered Species Act. Rare plant species surveys would be conducted on
an individual site basis.
1 OO-vear Floodplain
Designated floodplains are intended to limit development in these areas for purposes of maintaining
public health and safety. Growth to the northwest or southeast of the City along the Poudre River is
constrained by the 1 DO-year floodplain. Box Elder Creek, Dry Creek, Spring Creek, and Fossil Creek
also pose floodplain constraints.
Opportunities
· Protecting open space provides numerous benefits to the community and contributes to our
quality of life. Maintaining and expanding the amount of protected areas also helps to conserve
important natural resources.
Constraints
. Floodplains, wetlands, and other protected areas diminish the amount of area that is available
for urban development.
October 2002
Page .\ (l f .~
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Iufill in the Marketplace: Alternatives to
Spra\\rl
By Tom Sargent
o.lc1}ze. GrrJlltzJ!
Vol. 1, So. 1, Fall 1994
People all ovcr the country want to stop suburban sprawl. They pack
public meetings-now forums for community grieving. In meeting
after meeting individuals, who have no intercst in professional
planning or design, step to the podium to describe their dcep sense of
loss for the unique identity of the places where they live. Thc
emotional response is to stop growth. The counter-reaction from the
development community ends evcryone up in the courts. Yet,
stopping the growth of a city or town is unnccessary and, in fact,
cconomically unhealthy. The issue is not growth, but where and how
growth is taking place.
THE BIG PICTURE SOLUTION
The conceptual solution to sprawl is relatively simple-establish an
urban limit line or "growth boundary" with an open space rcserve
beyond, reinvcst in the older and often overlookcd neighborhoods,
commcrcial disuicts and downtowns, and force new developmcnt at
the edges to be more compact and pedestrian oriented. The
relationship betwcen infill, reim'estment and urban limit lincs is
important. Infill tells us how to grow within an urban boundary.
Urban growth boundaries reduce the easier dcvelopmcnt altcmatives
on open land and capture the value of existing infrastructurc.
Despite the intcrest and growing political support, infill devclopment
continues to represent a negligible percentage of construction in thc
U.S. Ivlost of thc infill taking place today is in the affordable housing
sector where low income investmcnt tax credits 3nd Community
Reinvestment Act financing fuel an expansion of multifamily
construction. The challengc from a regional and environmcntal
pcrspcctive is how to crcatc infill that is markct rate and a viahle
alternative to suburban sprawl.
ttp://www.sustainable.doc.gov/articles/infillalt.shtml
Smart Communities ?'etwork: Lmd l~se Aniclcs/Publications
The next sections of this anicle re';iew the three components to
creating a yiable infill marketplace. The first section outlines the
changing nature of the housing consumer and home ownership. The
second section focuses on the housing supply. outlining deyelopers'
risks and investment decisions associated with suburban and infill
development. The final section describes how the consumer and
supplier dynamics overlap and the role that local govemmems can
play in affecting these dynamics to increase the volume of infill
constntction, redirecting growth to existing urban areas.
Page 2 o'f
THE CHANGING CONSO~'1ER
After World War II, m3SS production of suburban housing and
related marketing c3mpaigns spurred the consumer preference for
single-family detached homes. Traditional nuclear families
represented the majority of the market. However, changes in
demographics and a rapidly diversifying popubtion are changing the
nature of a "household." There is increasing demand for housing in
smaller niche markets with distinctly differcnt needs than those of
the traditional nuclear family (working dad, stay-at-home mom)--
now less than a quarter of all households. Single parent families now
represent more than 1000 of all households. The averagc size of a
household had shrunk to 2.6 people by 1989, and singlc person
households now account for a quarter of the total. Longer life
expectancies also mean a larger aging population (see chart 1).
CHART 1
U.s. UOUs[UOIO~
il/'Jo/: '
WUlIU..u'~.~I'4:: .
.;.
. !-,..nr~.yu:~~.:..~~~,l~
All these changes are also leading to interest in alternative lifestyles
and changing mechanisms for home ownership. Historically,
consumers have expected to buy homes, with about two-thirds of
Americans owning their own homes, twice the rate of home
ownership of France, Germany or Great Britain. Yet in the 1970s, the
median price of a home began to exceed what the evolving median
household could afford. Increasing home plices, in conjunction with
new demographic patterns, may explain some of the interest in new
forms of shared housing.
Yet these growing scgments of the market remain largely ignored by
the development community. Nationally, while the number of people
per household has shrunk. the average home has increased in size by
almost 50C:C, since I 970- from 1-t00 square ket (5.1'.) to almost
-Smart Communi tics :\'et\\'ork: Land lOsc An;cles/Publications
2100 sJ.. In California for the last two decades. the suburban housing
industry has been building increasingly larger homes (20'7c increase
in thc last decade) at lcss affordable prices OOc,( increase since 1980)
for smaller households (2.7 people \'S, 3.4 in 1970) at declining
dcnsitics (5.8 units/gross acre vs. 6.7 in 197m.
Page 3 of
A larger number of households comprised of singles, working
parents and singlc parents, would indicate a dcmand for higher
density, infiIl housing located close to scrvices. jobs and transit.
Increasingly it appears that there is an imbalance in the market,
whcrc too many large single-family homes in remote suburbs arc
being provided that serve an increasingly smaller segmcnt of the
market. tvleanwhile, other segments of thc market are being undcr-
served.
DEVELOPERS' ECONOIVIICS
The entire building industry is institutionalized to support spr3wl
fom1s of devclopmcnt and make most infiIlun3ttractive as an
investmcnt. Suburbun builders arc gcncrally large corporations
backed by Wall Street securities and national sources of financing.
Suburban developers make money by building large quanti tics of
houses on large tracts of open land with fewer risks than infill
developers. In a suburban setting, the developer only needs to design
and build several "model" homes, then can wait and build additional
homes-500 or more in some subdi visions-as they are sold off the
"models." Furthcr, the suburban developer will not have to contend
with any neighbors who disapprove of the project and will likely not
have any site contamination or demolition requirements.
An infill developer, by contrast, has to build all the units at oncc,
finish on schedulc, and hope to sell the units as soon as possible after
they arc built to avoid carrying the cost of thc whole development.
The building process is slowed for the infill developer by
neighborhood concerns, demolition and site preparation, and
additional requirements that stem from the urban setting (structured
parking, code requirements and other requiremcnts ). In addressing
neighborhood concerns in particular, the war stories from developers
who have built infill projects are legendary. Even developers with the
. best intcntions for creating better neighborhoods can bccome
outcasts just for proposing change.
TABLEt
DEVELOPl\'IENT COST COIVIPARISON
Dc,'clopl11cnt Costs (per I Inml I Sprawl
FAR* s.t)
ILand II S 15-20+ II $8-12 I
Site Prcparation $5-10+ $5-10+
(Toxics!) (1 nfrastrLlcturc! ')
Hard Costs: Construction I $60-65 II $45- 5 5 I
http://www .sustai n able.doe.gov /articles/i nfi II al t.sh tmJ
12/23/0
I(wood frame only)
Parking
(infill-structured:
sprawl-included abovc)
Soft Costs
(40% of hard costs-
includes permits.
archi tectural
fees/enginecring. etc.)
IContingency (5 C;C )
ISubtotal
IProfit (15 %)
IMarketing
ITotal Cost
IPrototypes
11600 sJ. unit
11100 sJ. unit
*Floor Arca Ratio (FAR)
square foot (s.f.)
Typically. infill developcrs are working on small projects that require
thc same or more architcctural and cngineering scrviccs as large
scale suburban projects. Moreovcr, since infill developcrs are most
often building attached, or multifamily dwcllings, thcy incur
additional costs and risks associatcd with this building form. Dcsign
requircmcnts to meet the American Dis3bility Act, cnergy efficient
standards and other codes, while ncccss3ry and appropriate, are
usually more stringent, and thercfore more expensive. for
multifamily dwellings. Insurance companics rcfusc to insurc, or
placc high premiums on, some forms of devcloper's liability
covcrage for condominiums and othcr forms of high-density
residential devclopment. The secondary rmirkct (Fannie Mac, Frcddie
Mac. ctc.) scts thc undcrwriting standards for most loans, and thcsc
quasi-public institutions are disinclincd towards condominiums,
townhouses, live-work, co-ops, co-housing and other forms of higher
dcnsity living.
Smart Communities l\etwork: Land L'se Articles!Publi-:;.itions
II II
LJ
$32-.37
II $6-7
II $133-157
$20-23
$10-11
$J 63-1911s-,f'.
$200.000-
$305,000
$179,000- I
$210,000 .
II
Page 4- of
so
520-20
I
$82-108 I
512-16 I
$6-8 I
$H)0-J321s..f'. I
I
$4-5
$160.000-
$211,000
It is difficult to convincc an investor that all thesc risks associated
with high-density and mixcd-usc deve10pmcnt can be containcd.
\VHEN DEVELOPERS lVlEET CONSUM~ERS IN THE
l\1ARKETPLA CE
The economics from a developer's perspective rcmain
overwhelmingly in favor of sprawl, and may explain why the supply-
driven housing production system ignores new markets. I-lousing
suppliers assume that thc market will choosc the larger housc. and
the cost pCI' square foot of house is simply less in suburban locations,
as indicated in Table 1. The table provides a thumbnail sketch of the
hup:! /www .sustai nablc .doe.gov/arti c1es/i nfi llal Lshtml
12/23/02
-Smart Cllmmunities ~etwork: Land Use Articles/Publications
development cost difference between market rate infill and suburban
housing. A buyer with a slightly above median household income
($60.000) in the Bay area, according to standard underwriting
critclia, can afford to purchase a home with a price ranging from
$ 190,000 to $225,000, depending on interest rates, down payments
and loan programs. The buying power of a prospective urban dweller
is signi ficmltly less than th3t of a prospccti ve suhurban dweller,
reflected in a smaller housing unit for the urban dweller \Vhile these
costs are for the Bay area, the relationships are similar for most urban
areas.
Page 5 of
It is not actually clear that consumers \Vould always choose the larger
house despite possibly longer commutes and lack of nearby services,
because there is little supply of comparably-priccd infill housing
availablc. ]n addition, most "affordablc" programs are dcsigncd for
dctached single-family homc mortgagcs. Of course, Illany othcr
quality of lifc issues arc involved in the purchase decision
(perccption of crime, schools, size of yards, proximity to work, ctc.).
If infill housing allows consumers to choose more efficient and less
expcnsive transportation options, thcn their housc purchasing power
is actually increased. Table 2 shows how reduced auto owncrship
could incrcasc purchasing power and therefore size of infill housing,
reducing the urban/suburban size diffcrential from 500 s.f. to 300 sJ..
Lending programs that acknowlcdge consumcr savings from "energy
efficient" homes could bc extended to "efficiently located" homes.
Prospective home-buycrs with only one car, or no cars, could enjoy
incrcased buying power that would make it easier for them to choose
the infill housing option. Neither energy efficient nor efficient
location programs can actually enforcc the behaviors they promote,
but they can help home prices begin to reflect some of thc social cost
savings associated with those behaviors.
TABLE 2
TRANSPORTATION-RELATED SA VINGS
Inner Outer
Ring Ring
1 1100,.r. II 1600,.r. I
II $1.200 II $1.200 I
DD
IActual Monthly Costs II $1,270 II $1,480 I
Annual savings for inner ring arc $210 x 12 months, enough
income to cover $36,000 additional mortgage or 200 morc sJ. of
housc.
1\'lonthly Savings "mm Ef'licient
Location
Homc Size for buyer w/$60,OOO annual
income ($20,000 down)
IMonthly Mortgage
Monthly Commute Costs
inner transit: $3.50/c1ay
uutcr frceway: 70 miles/day x SO.20/mile
= $14/day
LOCAL GOVERNMENTS
Local governments can encourage infill housing dcvelopmcnt by
htt tJ:/ /www.sustainablc.doe.gov/aniclcs/infi1Ialt.shtml
12/23/0
Smart Communities Network: Land Use Anicles!Publications
recognizing that most infill de\'elopers are small independent firms
taking lisks that are often not commensurate with the returns. At the
same time they are fulfilling larger public objectives. Cheaper,
unencumbered land will always be the focus of development activity
despite overwhclming cvidence of long-tenn public costs ullless
public agencies dcvelop clear programs to direct development to
areas within existing urban locations.
Fage 6'of
Therc arc several general policies. aside from defining urban limit
lines, that local govcrnmcnts can L1SC to create a favorable climate for
infill devclopment. First, cities can target and map potcntial sitcs and
districts where infill is ncedcd or appropriate. and set quantifiable
goals for the number of infillunits desired for target areas. Those
areas can then be rezoned for residential or light commercial uses
that are compatible with residential infill. Cities can thcn provide
design guidelincs and desired infill prototypes for targeted districts.
Once local governments have targetcd specific areas 3nd numerical
goals. they can facilitate developer and consumer roles in infill. For
developcrs, govcrnments can prepare performance codes that achieve
the required performance (in energy, accessibility, parking, etc.) but
allow for more flexibility in methods of achieving that performance.
In addition, government can streamline cntitlement/permit processes
for smaller projects.
For consumers and the community, governments can offer education
about the public benefits of infill and higher density housing. These
benefits include increased propeny taxes generated by development
improvements to property. In addition, cities can provide evidence
(available) showing that higher density projects in many situations
can improve property values.
Equally important are financial incentivcs for developing market rate
infill projects and disincentive for sprawl development. Development
fees can be set to strongly encourage infill and discourage sprawl, by
making the differential fees for infi 11 development drastically less.
For instance, Lancaster, California has established a method of
assigning development fees in expanding concentric circles out from
the center of the downtown. Projects located within the close-in areas
pay a minimal percentage of total fees-projects near the edge of the
urbanized area pay ma"{imum fees. A 50% to 75% reduction in fees
for an infill unit in some Bay area communities could mean a
reduction in development cost of $7,000 to $10,000 or more. This fee
reduction would help even out the land cost differential between
infill and outer-edge sprawl sites.
There are a number of other financial incentives, from land
acquisition loans to infrastructure improvements, that local
govemments can establish for small developers and property owncrs
who build infill projects in targcted areas. Some of these arc listed
below. Public agencies can also encourage local lending institutions
to adjust underwriting criteria to be less restrictive for multifamily
and higher density fonns of development located in mixed-use
neighborhoods.
hu :/!www.sustainable.doe. ov/articleslinfillalt.shtml
12123/02
.Si11:J.'l Communities ~et\\'ork: Land Cse Anicles/PubJications
Page 7 of
CO~CLUSIO~
\Vhile urban infilI development may never occur on the same scalc as
suburban deve lopmcnt does, there are a number of strategies that can
encourage both consumers and developers to create a bigger markct
for infilI. These strategies recognize that infilI de\'elopment provides
social bencfits that arc not reflectcd in the price for creating infill and
that prices for sprawl development do not reflect sprawl's so('ial
costs.
Tom Sargellt is w/llrball plallller, dcwloper and a partl/er in Equity
Community Builders of San Francisco. He speciali:es in infill
development including ncU' types of retail districts. small business
illcubators, altt.'17/arive hOllsing, and mixed-lise projects. OTG
prol'ided research assistance frlr this article.
FINANCIAL INCENTIVES FOR INFILL
· Predevclopment grants and loans to explore project feasibility on
tough si tes.
· Land ace uisition and assemblagc assistance.
· Land HC uisition write-downs and loans.
I. Advance loans against committed, but not funded, equity or debt.
I. Funding of developer rcservcs.
I. Loan guarantees.
I. Lettcr of credit to enhance developer's ability to get a loan.
· Publicly funded infrastructure or site improvements (streets,
arks, utilities).
I. Rent subsidies for low-and moderate-income tenants.
I. Density bonuses.
I. Reduccd development fees (as described above).
Back tQ.TQp-
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12/23/02
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-
Infill Development
Appendix B: Model Ordinance
The following model ordinance is drawn primarily from one prepared by the Oregon Transportation and
Growth Management Program.
Purpose and Intent
[An explicit purpose and intent statement helps to clarify the legal and policy basis of incentives for
infill development if they are challenged in court. They also provide direction for interpretation and
discretionary decisions. This purpose statement can be tailored to support the communityDs vision and
its objectives for infill and redevelopment.]
The purpose of this district is to encourage infill development in areas with existing infrastructure
investments as a means of achieving balanced growth with efficient land use and cost-effective delivery
of urban services. The provisions of this district recognize the design challenges inherent in developing
successfulinfill properties, and ensure that new development is consistent in character and scale with
established neighborhoods and business districts.
The specific objectives of this ordinance as related to infill and redevelopment are to [select or modify
as appropriate]:
. allow flexibility in housing location, type and density within the densities allowed by the
Comprehensive Plan;
. provide flexibility in lot size, configuration, and vehicle access to facilitate in.fiil development;
. provide clear development standards that promote compatibility between new and existing
development and promote certainty in the marketplace;
. encourage development of needed housing in close proximity to employment and services;
. promote neighborhood preservation and enhancement through redevelopment of blighted
distressed, and underutilized properties;
. provide standards of Ohistoric appropriatenessD for redevelopment and alteration of historic
buildings;
. encourage mixed use development to complete neighborhoods and provide housing close to
jobs;
. encourage development and preservation of affordable housing through infill development.
Applicability
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INFILL DEVELOrf-.IE:-:T
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[This section answers the questions, JWhen? Where? How? and By whom? the code standards are
applied. Choose one of the two alternative applications provided by this section. The first option applies
infill development standards generally in the ordinance Dby definitionO as a Ofloating zoneD without
pre-determined geographic locations. It then can be applied at the developerOs option whenever and
wherever the specified conditions of applicability pertain. The second alternative is applied when the
infill provisions are contained in a mapped overlay district within fixed geographic limits.]
Option 1 - Standards applied Oby definitionO:
These infill development standards shall apply to all lots and parcels that are adjacent to developed
land on two or mor~sides. OOeveloped landO means lots and/ or parcels that have the following urban
services with adequate capacity located at or near the property line: public water, public sanitary sewer,
stormwater management facilities, and access to a public street.
Option 2 - Standards applied Oby districtC:
This district implements the II-Ifill Development Overlay District [1000]. The provisions of this district
apply to all parcels designated 010000 on the official zoning map.
All land uses and development, including buildings, drives parking areas, landscaping, streets, alleys,
greenways, tree protection, and pedestrian/bicycle ways, shall be located and developed in accordance
with the provisions of the zoning ordinance and land development regulations, except as modified by
this chapter.
Permitted Uses
[Some iotHi development districts could allow non-residential uses at a residential scale to increase the
jobs-housing balance and to provide a mixed-use transition between existing residential and
commercial developments. Design standards are necessary to ensure compatibility].
Accessory Apartments
An accessory dwelling is a secondary unit permitted on a single family lot. The additional unit can be a
detached cottage, a unit attached to a garage, or in a portion of an existing house.
Standards:
1. The structure must comply with all residential building, health, safety, and fire codes.
2. A maximum of one accessory dwelling unit is permitted per lot.
3. The accessory dwelling shall not exceed 650 square feet in floor area.
4. Accessory units may contain no more than one bedroom and no more than one bathroom.
5. No accessory dwelling unit shall be permitted on lots containing less than 5,000 square feet.
6. The exterior appearance of an addition or detached accessory dwelling unit shall be
architecturally compatible with\he primary residence. Compatibility includes coordination of
architectural style, exterior building materials and colors, roof form and pitch, window style and
placement and landscaping.
7. Separate entrances shall be oriented towards the side or rear yards.
8. The placement and design of windows on detached accessory dwellings shall ensure privacy for
abutting properties. Privacy is maintained by orienting windows away from sight lines (Le., above
or out of view into adjacent yards or opposing windows of adjacent dwellings) or by using obscure
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glass.
9. A minimum of one parking space shall be provided for each accessory dwelling. The parking
space may be provided on a street in front of the lot, if on-street parking otherwise permitted.
See the Mixed-Income Housing Tool Kit for more information about accessory apartments.
Non-residential Uses
The following non-residential uses are permitted as neighborhood conveniences as infill uses on
residentially zoned lots. Buildings may be new construction or alterations to existing residential
structures, Non-residential buildings shall not exceed 3,000 square feet of heated space per lot. Lots
must having at least 75 feet of frontage on a public street, be located on a corner lot across from other
commercially zoned property or along a street abutting office or commercial development on at least
one side, not including the rear property line:
1. Neighborhood Retail Sales and Services uses listed below are permitted subject to design
review and conformity with design standards below.
· Child Care Center
· Restaurant, excluding drive-through service.
· Laundromats and dry cleaners
. Neighborhood convenience store, excluding sales of gasoline, kerosene or diesel fuel.
2. Lodging - limited to Bed and Breakfast Inns, subject to the design standards below.
3. Personal and professional services listed below, not to exceed 3,000 square feet of heated
space per lot and subject to design standards.
· Medical and dental offices and clinics
· Counseling services
· Barber shops, beauty shops, nail and pedicure, and similar uses
. Attorneys, life insurance, real estate sales, and repair services except for auto related repair and
services
. Uses similar to the above when approved by the Planning Director.
Design Standards for Permitted Non-Residential Uses
Neighborhood commercial, personal and professional uses, and Bed and Breakfast uses permitted
above shall conform to the following design guidelines:
Location and Access:
1. Permitted non-residential uses shall be located adjacent to non-residentially zoned property or on
corner lots which are contiguous to commercial uses on at least one opposite corner.
2. The site shall have frontage on a collector or arterial street.
3. When two or more such uses abut one another, driveways shall be at least 100 feet apart or be
provided by a shared driveway subject to a cross-access easement.
4. No building shall contain more than 3,000 square feet.
5. If more than one use shares a single building, no single use shall contain less than 1,000 square
INFfLL DEVELOPME;\T
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feet.
Hours of Operation: 6 a.m. to 10 p.m.
Outdoor Storage: No outdoor storage shall be permitted.
Waste containers: All waste containers shall be enclosed by a wall or opaque screening.
Parking areas. The following vehicle parking standards shall be met:
1. On-street parking may be credited toward the minimum parking requirements except where
otherwise prohibited.
2. All off-street parking must be provided in the rear or side yards and screened by an opaque wall
or landscaping at least four feet in height.
3. No commercial vehicle may be parked on the street or on the premises over night except in an
enclosed garage or basement.
Setbacks for Buildings in Established Areas:
[The intent of these provisions is to provide flexibility in meeting the setback requirements, so that lots
that have remained undeveloped and parcels legally existing prior to 1960 and which do not conform
to present-day lot width and lot area requirements, may be developed without the necessity for
variances.]
Front Yard Setback
When a new or redeveloped building is proposed to be constructed on a lot adjacent to one or more
existing structures having the same or similar permitted use, then the setback for the proposed building
shall be not more than five feet greater than the average setback of the two closest buildings on the
same side of the street. In the case of a corner lot, or where an adjacent lot is vacant, the setback of
the proposed building shall be not less than five feet more than the average of the front yard setback of
the adjacent building and the minimum front setback required by the underlying zoning district.
Side Yard Setback
1. Forlo.lI} development, the minimum required side yard may be met by computing the average of
the area lying between the side wall of the main building and the side property line, divided by the
length of the sidewall.
2. The sideyard setback shall be met by all portions of the applicable side of the building except for
roof overhangs, gutters, downspouts, cornices, chimneys, and uncovered or unenclosed decks,
driveways, or porches.
3. No portion of a side wall of a proposed structure, including roof overhangs, gutters, downspouts,
cornices, chimneys, and uncovered, or unenclosed decks, driveways, or porches be closer than
three feet from the adjacent property line.
4. The distance between the closest points of adjacent residential structures in a single-family
detached zoning district shall not be less than fifteen feet.
5. Zero-lot line buildings require an access easement not less than ten feet in width running the
entire length of the side wall to be granted by the adjacent property owner and filed as a covenant
running with the titles for both properties.
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6. The placement and design of windows on the proposed building shall support privacy for the
occupants of the abutting lot. Windows on the portion of a side wall directly opposite an existing
residence that is closer than fifteen feet from the proposed building shall be limited to obscure
glass or similar material approved by the Building Inspector,
Lot Size Averaging
[Lot size averaging allows the developer flexibility to establish lots on properties of irregular shape or
topography. Exterior lots should be consistent with abutting developed lots,]
When a new infill subdivision of not fewer than five lots and not more than 25 lots is proposed, the
minimum lot area required in the applicable zoning district may be satisfied by the average area of all
lots in the subdivision, provided that
no lot shall have a lot size of less than 75 percent of the minimum lot area required by the Zoning
Ordinance and proposed lots that abut an adjacent lot containing an existing residence shall have no
less than the minimum lot area required by the zoning district in which it is located.
Building Height
[For infill compatibility, building heights need to reflect those of adjacent buildings.]
For a proposed new or enlarged building located between two existing buildings in the same zoning
district, the maximum height measured at the highest point along a roof or highest ridge line of the
proposed building may be no higher than five feet above the average height of the adjacent buildings
measured in a like manner. Chimneys, flues, vents, pipes, antennae, and other small projections less
than 24 inches in width shall not be included in the above measurement.
Architectural Standards
All new development (residential and non-residential) shall be of a compatible design with residences
located on the same block and shall follow these design standards:
1. Building materials shall be of siding, brick, stone or other materials that are similar in color and
otherwise in common with other buildings located on the same block face.
2. Buildings shall not be more than 150 feet in length and shall not exceed six attached units in one
building.
3. Buildings shall provide offsets, projections, and or recessed entries located at least every 30 feet
along a facade facing a public street.
4. Buildings shall use at least three of the following design elements along the facades facing public
streets:
· dormers
· gables (pitch not less than 4: 12)
· recessed entries
· covered porch entries
· cupolas
· pillars or posts
· bay or bow window (minimum 12 - inch projection)
· eaves (minimum 6 - inch projection)
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· off-sets in building face or roof (minimum 16-inches)
APPE~"DIX 3: Tools and Techniques for Encouraging lolill Development
Tools and techniques for encouraging iotill development
Needed Actions Possiblc Incentives Target OpPoI1unitics
Stimulating Training Outreach to buildcrs,
Developer. programs/seminars/ developers. and realtors
Intercst in Infill through professional
Development publicity campaign associations and the
news media
Comprehensi ve: or only
for spccial uscs
(multi-family: industrial)
For scattercd small lots; Needs volunteers to
for large areas offering scrve on rcvlew
uniquc opPoI1unities committees and needs
funds for prizes.
Parcel filcs;
infonnation on
prototype projects
Design compctitions
Removing
Obstacles Created
by Govcrnment
Reducing delays Reform of staff rcview Small scale projccts
in project reviews procedures
Elimination of
unnecessary hearings
May cncounter
resistance from staff;
building trades, or
neighborhood groups;
results will not be
immediatc1y visible.
Improving zoning Comprehensive review Designated May encounter
balance (not of zoning map and! neighborhoods as part of resistance from
enough regulations neighborhood planning neighborhood and
multi-family process propcrty owncrs
land; overzoning depcnding on thc
for industrial types of changes
uses) proposcd. rvtust bc
b3scd on sound
markct analysis.
Prepare neighborhood All ncighborhoods with Neighbors must see
Creation of
ombudsman or
expeditor
Correcting
excessive or
inappropriate
standards
Re-examination of
code provisions;
encouragement of
perf ormance- based
requirements
Creating
projects rcquiring
variances or spccial usc
penni ts
all projects; or just those
involving assisted
housing or employmcnt
generation
All iDfili projects; Most
important for
redevelopment and
rchabilitation projccts
3/612002 1 :30 PM
Cautions
May have to go
outside the rcgion for
spc3ker who have had
success wi th intill
dcvclopmcnt.
Nccds careful staff
supcrvision
Must assure adequatc
citizen participation
Requires cooperation
of many city
departments and staff
membcrs
Obstacles in state
enabling legislation
.1~FILL DEVELOP:-'lE~T
i ~eighborhood
I Support for JofiIl
! Development
,
plans with explicit
strategies for dealing
with vacant lots.
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iofill potential
advantages for
existing housing and
businesses as well as
the developer if they
are to be convinced:
developcrs must bc
flcxible and willing to
listcn
May also nccd to
meet neighborhood
groups in advance
Project review
meetings with
developer in advance
of official hearings
; Addressing Demonstration projects Low-and
i ivlarket Weakness involving local moderatc-income
: or Uncertainty development neighborhoods,
! corporations and especially for projects
neighborhood interests providing jobs and/or
increased shopping or
scrvices
Projects in areas with Risk of unsucccssful
poor image but location projects rcquircs
advantages 9ncar jobs, expcrtise of
transit, major expeIienced buildcrs
institutions) and banks
Target neighborhoods Federal regulations
and projects wherc limit flcxibility and
special financing tcnns specify eligibility
can act as a magnet to cIiteria; nccd for
households or busincsses careful markct
who would othcrwise studies.
locate at the urban fringe
Low-and ConceI11 over long
moderate-income tcnn displaccmcnt of
neighborhoods the poor
Target ncighborhoods Political resistance to
targeting on a
neighborhood basis
I
j Addressing Site
, Specific
. Problcms
. Reducing the
. high cost of infill
lland
Loan guarantce
Below-market
financing through
mortgage revenue
bonds, Tax Allocation
District, CDBG or
Section 108 financing
Greater attention to
maintenance and
rehabilitation
Visible public
commitment to
upgrading public
works
Interim uses (parking,
gardens, play areas)
All projects likely to
generate controvcrsy
Arcas with established
ncighborhood
organizations that will
assume maintcnancc
rcsponsibility; areas with
opcn spacc or parking
needs
Land pricc write-down unique opportunity to
achicvc public purposc
3/612002 1 :30 P~I
Builds confidence if
successful; high risk:
limitcd cxpertisc in
dealing with risky
situations
High maintenancc
burdens; resistance to
future change
high costs if uscd
extensivcly: advcrsc
political imp3cts from
using public funds to
I;,\,FILL DEVELOPT\fENT
Increasing land
availability
. Correcting
in frastructurc
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Tax abatement
Leasing of publicly
owned land
Density bonuses;
pennitting variances
from side-yards or
setbacks to allow
greater coverage
Forgiveness of
delinquent back taxes
Downzoning
Fee Wai vers
Impact Fee Waivers
Land assembly
Land banking
Public funding of
off-site capital
improvements (minor
street and utility
extcnsion or
upgrading)
Tux allocation district
Coml11unity
Impnwcl11cnt District
Definite project with
committed developer
Varies; generally used
for housi ng
developments priced for
low/moderate-income
occupancy
Projects with exceptional Need to assure design
merit, e.g. mixed-use compatibility with
projects; projects sounding areas;
incorporating assisted possible opposition of
housing; neighbors.
transit-supportive infill
development
Definite projects with
committed developers
Areas where pennitted
densities do not match
local housing market
preferences
All infiH projects
Projects with
extraordinary
employment benefits or
affordable housing
Definite projects with
committed developers
subsidize strictly
pri vate projects.
Concern regarding
foregonc tax revenues
Careful lease
structuring needed to
protect public intercst
Legal obstacles in
some statcs.
Objections of
landowners; potential
lcgal challenges
Fees are not a high
proportion of project
costs; effects are more
psychological than
financial
Subject to fee
replacement from
other funds.
Expcnsivc; legal
limitations on use of
eminent domain
powers
Expensive; may
require enabling
legislation; land may
not be marketable in
the sh0l1 run;
especially in weak
markets
small-scale inmi Reluctuncc of elected
projects, cspecially for officials to target
affordable housing or limited capital dollurs
job-creation in distressed to new devclopment;
areas need for flcxibility in
CIP.
Areas with extensive
scattered parcels; high
incidence of tax
delinquency
Larger projects,
espccially mixed L1SC
Commercial and
industrial arcas covering
7.U.I'){\{\'l I, 'l,(\ PM
State approval and
regulatory limitations
Majority of
commercial property
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both infill and
rehabili tation
Greater flexibility and All infill projects
creativity in plan
review
owners must be
willing to participate
Resistance from city
public
works/engineering
staff to deviate from
standards
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Filling in the Blanks
[July/August 2002]
By Michele Lerner
As suburban sprawl spreads, residents
and developers have headed back to the
city. But how long will this urban
renewal last?
The urban lifestyle is making a comeback
as an increasing number of suburbanites,
weary of long commutes and overcrowded
roads, are migrating back into cities across
the country. Also supporting this urban
renewal are environmentalists trying to stop
development of far-flung office parks, retail
centers and housing communities, as well
as developers and city planners looking to
promote smart growth, a concept often
linked with urban intill development.
Page 1 of
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developed Harborslde on the Hudson
River with an eye to its Jersey City, NJ
history.
Urban infill, a loosely defined term which
refers to development projects on vacant
urban land or the redevelopment of a
blighted building or neighborhood, is currently in vogue as the solution to sprawl
and one of the leading investment opportunities for real estate companies.
"Sprawl is everywhere, and that type of development can't be sustained forever,"
says Fred Stemmler, partner for development and operations for California-
based Hopkins Real Estate Group, developers of shopping centers in urban
infill and redevelopment areas. "My feeling is, if you're not doing infilJ
development in the next 10 years, you won't be doing development at all.
Developers who don't get on this bandwagon will be left behind. I think infill
projects are rapidly becoming one of the most important games in town."
According to Bill Hudnut, senior resident fellow for public policy at the Urban
Land Institute, "In general terms, infill is very important because it serves as an
antidote to sprawl. It is a wise use of land, it brings a tax base to an area that
needs it, and it adds value to city life. Generally speaking, infill projects refer not
only to urban projects, but also to projects in areas close to a city. A lot of the
nation's first-string suburbs around a city are deteriorating, such as some of the
close-in suburbs of Cleveland."
Most infill projects tend to be residential multi-housing developments, because
that is where the greatest need is, Hudnut says. "Developers of these types of
projects should always think in terms of mixed-use projects, though. Just putting
up residential housing in an area without services such as grocery stores and
dry cleaners won't help revitalize the neighborhood," he says.
Filling in Demand
The seeds for this wave of infill development were planted back when the initial
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1\ ARE IT - Features
Page 2 llf 5
migration to the suburbs began. Mass production of suburban housing began
after World War" when traditional nuclear families represented the majority of
the market. Families seeking refuge from the hustle and bustle and high costs of
big cities quickly gravitated to the suburbs.
However, changes in demographics from the 1970s into the 21 st century have
meant that the traditional nuclear households-with a working father, stay-at-
home mother and two or more children-now constitute less than one quarter of
all households. Single-person households now account for a quarter of the total,
and longer life expectancies are creating a larger aging population. The rising
number of singles, working parents, single parents and elderly indicate a
growing demand for higher density infill housing located close to services, jobs
and transportation.
"Two trends are making residential infill projects more attractive to developers.
First, a number of cities have seen a resurgence in population in the past few
years which is changing the trend of previous decades," says Mark Obrinksy,
vice president of research and chief economist for the National Multi Housing
Council. "Second, there's an increase in the number of people who want to live
in the close-in suburbs, which tend to be older and in need of infill projects
themselves."
Obrinsky says most new development is still taking place in the farther suburbs
where there's more land. But a counter-trend is occurring, with people wanting
to be in the city. "Obviously this doesn't include every city, but it does particularly
include Boston, New York, Washington, D.C., Chicago and San Francisco, cities
that are more desirable to people than they were 10 years ago," he says.
According to Obrinsky, "The mix of demand for these infill projects is coming
from classic urban renters, young professionals who are in the early stages of
their careers and looking for middle-income housing, and empty-nester baby
boomers who tend to have more disposable income. The baby boomers are
fueling demand for upscale apartments and condominiums in or near major
cities now that their children are grown or are finishing college. In the short term,
in terms of demographics, there will be more and more of these empty nesters
for at least the next 10 years or so looking for multifamily housing."
Unique Development Challenges
Demand for infill projects may be rising in some cities, but there are challenges
for infill developers that are different from those of more traditional
developments.
"The primary challenge we face is assembly," Stemmler says. "If you take the
stereotypical strip shopping center in an infill area which needs to be
redeveloped, you'll often find fractionalized ownership. By the time a shopping
center is ready for revitalization you could have 10 different owners and a bunch
of tenants with long-term leases. If you want to take down the shopping center
you need to satisfy all these people, including legal occupants and legal owners.
That's where the public-private partnership works best, with the power of
eminent domain or the threat of that power."
In addition to acquiring the land for an infill
project, the condition of the land can be a
problem.
WIf other people and companies have been
using or abusing the land for decades or
longer, there can be environmental issues
and costs associated with a clean-up,"
Stemmler says. "It is essential that
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7/301() 2
. ~AREIT - Featurcs
companies go through an environmental
inquiry before investing in a development
site, because if they don't do it and there is
an environmental problem later, the
company can be held liable for damages
even if the problem is an old one."
The first step of the inquiry, Stemmler
recommends, is conducting a historic, user-
focused inquiry. Ideally, he says, a
company discovers the land is untouched
and has never been used for agricultural or
commercial use. The bad news would be
that a pre-World War II gas station was on
the site, or even worse, that the site was a
former Marine Corps air base. The second
phase wou Id be to test the soil.
Financing Hurdles
Page 3 of
Trammell Craw's The Proscenium In
Atlanta Is an example of a publlc-
private infill success story.
Once a suitable site is discovered, infill developers can run into a third
challenge: financing. "One of the reasons infill projects can be more difficult to
undertake is that lending institutions are more likely to lend money for traditional
projects, which they see as less risky," Hudnut says. "There's also an often
fallacious assumption that infill projects are for lower-income people, which
ignores the fact that people who want to move into the city are otten affluent."
Companies new to infill development can face an even harder road in obtaining
financing, says Alfred Neely, executive vice president and chief investment
officer of Charles E. Smith Residential, a division of Archstone-Smith. "Lots of
capital is available if you have a proven track record. It's just a question of
investors knowing who they're dealing with," Neely says.
When Trammell Crow first became involved with midtown Atlanta revitalization
projects, they found financing difficult simply because of the timing.
"We were starting at a time when there wasn't much capital available for any
type of project," says John Whitaker, managing director of Trammell Crow in
Atlanta. "Investors will follow market dynamics and investment returns, and the
fact that something is being built in an urban market doesn't necessarily bear on
that. We had to demonstrate market validation of our product, which we did
through pre-leasing agreements. For the right projects there's plenty of money
out there."
M~_G!<:c.aL'-8ea!ty_C_Q.rp_QraJ1Q.11, developers of Harborside on the Hudson River
in Jersey City, NJ, found financing the infill project and similar ones to be a little
more complex than traditional projects, but not an impossible obstacle.
"It's definitely tougher to do infill (development) than buying an isolated piece of
land and building a single asset," says Mitchell Hersh, CEO of Mack-Cali. The
challenges of this type of development vary according to the project. It's otten
physically challenging and therefore more expensive to work in an urban setting.
At Harborside, we had to do all the work from barges in the river, which was
definitely a challenge."
Benefits of Public-Private Partnerships
Hopkins Real Estate Group's Stemmler works with an alliance of members of
the International Council of Shopping Centers in an outreach to the public
sector to encourage their cooperation in redevelopment efforts.
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7/30/02
NAREIT - Features
P lJ-4"f'
a~e . 0 _
"Public-private partnerships have become a battle cry for redevelopment, and
we're working on state-by-state alliance programs to bring developers and
redevelopment agencies together," Stemmler says.
According to Hudnut, "Most local governments are in favor of redevelopment
projects and there are lots of ways they can help developers. They can offer tax
abatements, tax-increment financing and money for community development
projects. Sometimes a local government will assemble the land for
redevelopment and then turn it over to a private developer."
When a local government wants an area to be redeveloped, they can streamline
the permitting process as an incentive to the developer, Obrinsky says. "Local
government incentives to redevelopment run the gamut from active involvement
and encouragement to limiting their opposition if the developer agrees to include
a certain number of units for people with low to moderate incomes," he says.
Trammell Crow's experience when developing The Proscenium building in
Atlanta is an example of a successful public-private partnership.
"About 10 years ago, leaders of the Atlanta business community and residential
areas began brainstorming sessions, talking about how buildings should relate
to the street, how traffic flow should work, etc., and the result was the 'Midtown
Blueprint'," Whitaker says. "The Blueprint is a collaborative effort between the
occupants of the commercial buildings in midtown Atlanta, owners, residents
and the government. Some of the things we did were voluntarily done because
they were things the community wanted, such as putting a retail component on
the first level of our parking structure so that there would be activity on the
street. n
When Mack-Cali worked on Harborside, the company emphasized the benefits
to the city of this commercial development and the link to the history of Jersey
City as a port town.
'We wanted to be sure that residents of Jersey City saw Harborside as part of
their city, that there was no bifurcation between the two communities," Hersh
says.
Community Relations
Working with community groups during the planning stages of a project can be
an additional challenge for infill developers, particularly when those groups
oppose redevelopment. However, in many cities there are community groups
eagerly seeking redevelopment projects, some of which can help streamline the
permitting process.
"The Greenbelt Alliance supports development that occurs in already
developed areas, even if it's on vacant land. This development should be
compact, with higher density than suburban development, at around 20 units per
acre," says Janet Stone, livable community project director of the Greenbelt
Alliance in San Francisco. "We support mixed-use developments. too. People
recognize that the old style of developing single use areas, with only housing in
one place and only commercial development in another is not livable. The third
. element of appropriate development is that it occurs where public transportation
already exists or in an area that is pedestrian friendly."
The Greenbelt Alliance also encourages a mix of housing choices and options
for a variety of income levels, especially affordable housing for low to moderate-
income families.
WDisplacement 01 low-income families and gentrification 01 a neighborhood is a
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. ~ARUT - Features
Page 5 of 5
problem that can be avoided if a municipality makes it clear that they favor a mix
of housing types and won't welcome just any kind of development," Stone says.
"Municipalities can also give incentives to developers to include affordable
housing as part of their project."
Tapping the Investment Potential
The short supply of appropriate urban infill development locations adds to the
financial viability of these projects.
"While there's lots of supply and plenty of sites which haven't been developed,
that doesn't necessarily mean that each one of these sites is economically
viable," says Dale Anne Reiss, global industry leader of the real estate practice
for Ernst & Young LLP. "You really cannot generalize about infill projects
because by nature each is unique, with its own environmental, location and title
challenges."
The key thing for REITs is to look for a project that generates the highest returns
with an acceptable level of risk for their investors. "Yes, redeveloping our cities
is an important goal, but this needs to be done with the best interests of the
shareholder in mind," Reiss says. "If an infill project works, then it's good for
everyone. From a macro perspective, infill projects make sense, as they
frequently have the ability to generate a high return on investment."
It is that lure of high returns that has many developers exploring infill projects.
"The ability to grow rents in infill markets is greater than in other markets," Neely
says. "The high-rise and high-density projects we develop offer a more stable
investment, in part because it's not likely that other projects will open in the
same area. They are supply constrained."
Mack-Cali's Hersh agrees that the financial benefits of infill projects outweigh the
challenges. "These projects allow us the ability to have deep penetration in
markets where replication is impossible," Hersh says.
"Ten years ago, if I had been asked about urban development I'd have given a
different answer," Whitaker says. "At that time there was a feeling that downtown
markets were being abandoned in favor of the suburbs. Now that feeling is
flipped around, as people realize that they like to live in a city environment. It's
clear to us that urban development is here to stay."
While areas currently ripe for infill projects may slow, Stemmler says that doesn't
mean overall supply will diminish. "I think there's an unlimited supply of urban
infill sites, mostly because this isn't a static opportunity," he says. "For one thing,
there's what I call filtering, which means that neighborhoods change over time.
Keeping up with redevelopment is like the boy with his finger (plugging a hole) in
the dike. When one area is fixed, another will open up and need work."
Mic/lele Lerner, a freelance writer from Washington, D.C., specializes in real
estate-related articles.
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~~
~
IVliami-Dade County Infill Strategy Task Force
Final Report: Executive sumnlary
On December 19, 1996. the Metro-Dade County Board uf County Commissioners adopted Resolution No. 1477-96 directing the
County Manager to establish and appoint an Infill Strategy Task Force. The Task Force was directed by the Board of County
Commissioners to examine and make recommendations on opportunities and strategies to promote intill and redevelopment in
underdeveloped areas within the County's planned Urban Development Boundary (LTDB). The Task Force ,vas instructed to
consider both traJitional and non-traJitional strategies with a view towards creating a positive impact on all the citizens of Dade
County. Membership of the Task Force included representatives from the private sector, all of the municipalities in Dade
County, the Dade County Puhlic Schools, and olher governmental agencies.
While the Task Force did not lind a single existing definition of urban inlill development that could be applied to all situations.
the Task Force assigned the following meaning to "urban infill development":
The dcvelopment of vacant. abandoned, or signitkantly underutilized parcels in the urbanized core area of the County that is
served with all or most public services and facilitiesy The urban intill development area should be recognized to be the focus of
public and private urban development resources and initiatives in thc County.
Inlill development is becoming increasingly recognized as an effective way to proactively address a variety of interrelated
problems associated with post- WWlI devclopmerll trends. It is a means of protccting, stabilizing and revitalizing older
ncighborhoods. It is also a way of promoting economic development through bettcr employment and increascd commercial
activity serving residential neighborhoods. Inlill development offers great potential to improve infrastructure efficiency, increase
the affordability of central cities and older, first-generation suburbs. improve accessibility of transportation, and make cities
more livable.
The full Task Forcc met cleven limes beginning with its initial organizational meeting on April 18, 1997. Three subcommittees
were organized to review specific issues. they held over twenty sessions. At many of the meetings of the subcommittees. Task
Force members heard presentations from individuals representing local and regional agencies. Metro-Dade County departments.
and private sector agencies. These individuals provided essential background information to the subcommittees in their study of
infill issucs.
'The Task Force discussed and examined numerous recommendations and initiatives. The Task Force forwards twelve
recommendations in ilS Executive Summary as the "cornerstones" of a fair, eflicient. and cffectivc urban infill program in Dade
County. These recommendations arc considered by the Task Force to be those with the greatest potential for implementation and
effectivencss; however. they arc not prcsented in order of priority. Other recommendations which thc Task Force bclievcs
warrant further consideration arc listed in Appendix A of the Final Report.
Comcrstone rccommendations
geographic issues
Recommendation I: Metro-Dadc County should delineate an Urban Infill Development Area in its Comprehensive Development
Master Plan (CDMP). Policies should be included in the CDrvlP spccifying that this area shall receive priority for future public
and private investments in infrastructure, scrvices, development and compatible redevelopment.
Recommendation 2: Strong emphasis should be given to strategies that promote infill dcvelopment which generate employment
opportunities and service-oriented acti vities. ovcr the creation of additional housing per sc, within those portions of the
designated Urban Infill Dcvelopment Area that have high rates of unemployment. povcrty. and households on public assistance.
These "Economic Development Priority Areas" should also be adopted into the Comprehensivc Development i\laster Plan,
along with supporting objectivcs and policies. Rccommendation J: Hold the linc on thc Urban Development Boundary (UDB ).
The Bl)ard of County Commissio'lers should adopt as a policy stalcmentlhalthe UDn will not be extended for the nextlen
101' 2
II/M2000 11:47 ".\1
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years.
housing
Recommendation 4: Within the Urban lnfill Development Area, encourage a balanced mix of well-designed housing types
(owner/renter occupied units). sizes and prices for all income levels (market and non-market rate units).
Recommendation 5: Create a consortium of lending institutions for residential and business loans at below market rates.
in fras truct ure/fund i n g
Recommendation 6: Upgrade mass transit service in the Urban Infill Development Area through an expanded rail system,
increased and reliable bus service and intermodal connections. and improved marketing of the system.
Recommendation 7: Improve educational opportunities in the Urban Infill Development Area (UIDA) by giving priorit)' to 1)
increasing funding. 2) redirecting resources, and 3) forging creative solutions through public school/private enterprise
partnerships to identify incentives for providing education opportunities within the UIDA.
Recommendation 8: Dade County should participate with federal, state, and other initiatives in a coordinated effort with other
local governments to pursue financial assistance for infill infrastructure projects within the Urban Infill Development Area.
design/regulation
Recommendation 9: County and municipal permitting agencies in the Urban Infill Development Area should increase tlexibility
and streamline the permitting and development review process to encourage infill development and redevelopment.
Recommendation 10: Promote good design to gain acceptance of higher density. and promote mixed use neighborhoods and
projects, including small area planning with a clear objective of empowering the residents. business owners. and all other
stakeholders in determining the character and intensity of development in and around their neighborhood.
public education
Recommendation 11: The County and cities should coordinate the creation of a parcel inventory of vacant, abandoned. or
significantly underutilized sites within the Urban Infill Development Area and disseminate such information to the development
industry. including lenders. realtors. developers, and the public.
implementation
Recommendation 12: An Infill Strategy Committee should be established for a period of 18 months to assist the County in
implementing and further defining the recommendations outlined in this report.
The Task Force recognizes that these recommendations arc an initial step in the process of fostering and stimulating additional
infill development and redevelopment and that a coordinated and ongoing effort is crucial by Dade County and all of the urban
municipalities.
2 of 2
11/612000 11:47 A~
c design Olfi:ne: SustainabilllY: Barriers to IDrill Devclopment
.
http://sustainable,state . tl. us/f dil cde si gnln cws/9 7 O-t/barricr.
~ e design
..
Barriers to Infill Development
If South Florida's growth is to be sustainable, the key is high-quality
infill development. The secret. says state planner, Phyllis l\-Iofson, is
shared vision.
Posted 30 AprU1997
Infill development--the development of vacant or
under-utilized urban sites--is an important componcnt
of community rcdevclopment and rcvitalization efforts.
Many local govemments throughout the country have
committed to the goal of infill and havc dcsignatcd
specific redevclopment areas for concentrated attention
and funding toward that end. But there is a host of
impediments to infill. These barriers necd to be better
understood and specific strategies mapped out to
remove them before urban redevelopment and reversal
of blight can be achicved on a meaningful scale.
Therc arc several categorics of impedimcnts to infill.
Thesc categorics can be dcfined as: financial.
regulatoryllegislative, social/cconomic, and attitudinal
impediments.
Financial Impediments to Infill
It is typically difficult to
secure financing for infill
de\'elopment projects.
It is typically difficult to sccurc financing for infill
devc10pmcnt projects. This is due to thc fact that most
infill is targetted for inner city areas charactcrized by
economic deterioration and urban blight. Thcsc areas
arc automatically considered bad financial risks by
many banks and insurers for a numbcr of rcasons. Many
of thcsc reasons arc conditions that both result from and
contribute to a vicious cycle of detcriorating conditions
and falling propclty values. Thcse reasons include:
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· Development projects in inner city areas are
typically characterized by piccemeal funding from
a varicty of federal and state programs. \Vhat is
needed is coordination among these various
funding agencies, and more institutionalized
partncrships between profit and non-profit
organizations.
· "Redlining" policies by banks and other lenders,
which define the risk level of an area by its
location. effectively eliminating the possibility of
funding for projects falling within "redlined"
areas. Redlining per se is illegal in many
circumstances, but the practice and the attitude
continue through less explicit processes.
· Because of the public nature of funding for many
urban redevelopment projects, many tend to be
primarily low-income residential developments.
What is needed for true revitalization is the
promotion of mixed-use developments that
combine residential uses with commercial and
retail space and mixed-income housing
developments that allow for a range of housing
types without displacement of low-income
residents. This type of development would have a
positive impact on public safety. would improve
the quality of life for existing residents, and
would attract future investment.
· Lack of knowledge of available land. \Vhile it is
easy for potential developers to be aware of the
availability of undeveloped suburban or rural
parcels, there often is no accessible information
about developable land in urban areas. This added
research step can be enough to steer the
development out of infill areas.
11/6/2000 II :53 A~
e dcsign Or:1ir,c: Sustainabilily: Barriers to InfiJl Dcvelopmcnt
.
Imp:/ I suslain able.slale .Il. uslfdil cdc si gn/ncws/970Jlbarrier.
Substandard Infrastructure
In many urban areas, infrastructure is aging and
deteriorating. Because local govemmcnts have typically
not made the decision to invest adequately in
maintaining aging urban infrastructure, proposed
developments that would rely on that infrastructure are
often penalized. What is needed is an acknowlcdgemcnt
by local govcmmcnts that urban infrastructurc
maintenance is a sound investmcnt and a public
decision to shift some infrastructure funding from
building new facilities in "grcenfield" development
areas to rcpair and upgrading of cxisting infrastructure
facilities. This investment will save on infrastructure
costs in the long run as well as promote infill.
In many urban areas,
infrastructure is aging
and deteriorating.
· The lack (real and perceived) of available, quality
public education in many inner-city areas. Many
dcvclopcrs, lcndcrs, and insurers maintain that
whatever else is done to promote urban
redevelopment, thcre will be no market for that
development if public schools are not improved.
· Crime and public safety. The reality and
perception of crimc in inncr city arcas have an
effect similar to thc schools issue on the markct
for redevelopment.
· Lack of code cnforcement allows existing
ncighborhoods and commcrcial districts to
bccomc run-down, driving the potential value of
nearby property down.
· Community resistance to highcr dcnsitics.
· Fear of displacemcnt by currcnt residents and
businesscs.
3 of g
t 1/612000 1 I :53 AM
~ JCSi!;:1 Onlinc: Su;;tJinaDility: Barricrs to Infill Dcvelopmcnt
...we as a
society ...conspire... to
subsidize "sprawl"
dc,'clopment patterns...
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These last two factors actually fall into the "attitudinal
impediments" category, which I will discuss later. For
now I will just point out that these psychological
problems with infill are grounded both in fact
(experience shows that higher densities can be
problematic and also that urban revitalization can lead
to gentrification and displacement) and in myth, or
general assumptions and stereotypes. Both are real
impediments, but both can be removed through working
hard to make sure that infill is pursued in a way that
maximizes the benefits of density and docs not rcsult in
displacement and through a simultaneous educational
program to continually provide evidence that thcse
negative assumptions are not necessarily true.
Regulatory/Legislative Impediments to lolill
Here 1 would include the myriad structural features we
as a society have erected over time that conspire
(although this was not our express intcnt) to subsidize
"sprawl" devclopment pattcms at thc expense of
compact, community centcr-oriented development
patterns.
· Difficultics associated with land assembly for
redevelopment. Urban areas that might be
available for redcvelopment often are, or seem,
overly complicated to acquire. They are
charactcrized by multiple owners, multiple
tenants with varying lease arrangements, multiple
pricing mechanisms, and varying degrecs of (real
or possible) environmental contamination. What
is needed is a legal framcwork for land assembly
in urban areas to simplify the process of
redeveloping parcels by existing or new owncrs
· Review and permitting processes. In many cases,
the multiple and lengthy review processes, and
the time and complication of getting permits for
development from several agencies, are
compounded by an urban setting. It is often much
easicr and quicker, because of urban issues
already discussed such as fragmented land
ownership, potential site contamination,
deteriorating infrastructure, to get greenfield
development permitted than infill development.
· Undiffcrentiated impact fees. A recent study of
the City of Tallahasscc confirmcd the following
hypothesis: "i\lost infrastructure systems are
11/612000 11:53 A~
~ Je~lgn Onhr.t;': Sustainabllity: Barriers to Inii11 Development
.
.
...occur in tbe broader
context of societal
inequities associated with
race and income.
5 of 8
http://sustainabIe,statc.l1. uslf d if edesi gll/n CWS/97 (glbarricr. .
characterized by costs that vary across space,
owing to the fact that it is in the nature of these
systcms that there arc expensivc-to-serve
locations and inexpensive-to-serve locations... It
is also true that most of these service systems are
financed by general taxation or user charges not
reflecting these variations in cost.:i; till users are
charged the same amount regardless or their
locations... Reliance on fees and ta.'\es that do not
reflcct spatial costs does not make those costs
disappear. They simply get folded into the
uniform fee rates or tax rates, making tax bills or
utility bills generally higher than they otherwise
would be and resulting in a cross-subsidy
accruing to the expensive-to-serve location and
paid by all taxpayers or rate payers." \Vith fcw
exceptions, typical infrastructurc impact fees for
development do not vary by location, and this
scrvcs as a general subsidy of development
farther from the urban core (or sprawl) by the
developers and inhabitants of dcvelopments that
arc closer to the core.
· "Brownfields paradox." Brownfields are urban
sites characterized by previous industrial or
commcrcia1 uses that rcsulted in environmental
contamination (or, in some cases, perception of
contamination). Because of its intcnt to encourage
complcte cleanup of contaminated sites, the
current regulatory system requires potential
developers of such sites to assume the risks of
liability associated with cleanup undertaken for
redevelopment purposes. This regulatory
framework is leading to the opposite of the
intended rcsult--the decision by devclopers to
avoid thc risk of liability by developing on
greenfield, rather than brownficld, sites.
Social/Ecooomic Impediments to lofill
Social/economic impediments occur in the broader
context of societal inequities associated with race and
income. Urban redevelopment areas tend to be
characterized by higher proportions of low-income and
minority residents than society at large. In addition to
general issues of racism, which can servc as attitudinal
impediments to infill, in each of sevcral issuc areas
(somc of which I have already touched on), there is an
actual or perceived inequity in the availability of public
resources for incrcasing social and economic capacity to
the redevelopment area versus a suburban or grcenfield
11/6/2000 II ;53 AM
~ d~sign Online: Sustainabili!y: Barriers to Inlill De\'ell)pment
...the attitude cultivated in
recent decades by popular
culture and public policy
that high densities
contribute to crime...
6 of g
h up :llslIS tai n ab Ie ,st at~, n. uslfJ i/edcsi gn/ne w':5.J97 O-l/b.rrip
area bei ng considered for de\'e!opment. These issue
areas include:
· job availability
· workforcc tr3ining
· public education
· social service delivery
· public clime and safety
· racc rclations
· public health
What is nceded is a comprehcnsive dccision at the local
govenuncnt level to understand and takc action to
con'cct any inequities in rcsources bcing made available
to rcdcvclopmcnt arcas for delivcry of thcse serviccs
and building capacity for increasing the economic
vitality of the area. In cases whcre the inequities are
more perceived than real, a public education campaign
is needed to corrcct the faulty assumptions.
Attitudinal Impediments to Infill, or, "Density Is
Bad"
Attitudinal impediments cncompass all the other
catcgories of impediments to infill; they are the
widespread beliefs that infill areas are poor investments,
dangerous, neglected, or, gencrally, "someone else's
problem. II All these forces taken together contribute to
some very fom1idable barriers to local governments'
urban redevelopment goals. A type of NIMBY (not in
my backyard) issue, psychological resistance to highcr
densities stems from the attitude cultivated in recent
decades by popular culture and public policy that high
densities contribute to crime, environmental
degradation, and general declines in quality of life. The
30-40 year trcnd will not be corrected ovcmight, but a
new public education campaign that dcnsity, if planned
corrcctly, can cnhance--rathcr than hurt--our quality of
life by allowing for the prcscrvation of green space
outside clearly defined urban development boundaries;
encouraging pedestrian and transity-oriented
developments and reducing our reliancc on thc
automobile; by building cohesive communities; and, in
so doing. by rcducing the opp0l1unitics for crime to
occur.
11/6/200011:53 ^:o.
c Jc,;ign O:Jlinc: Suslainabilil)': Barricrs 10 Infill Dcvclopmcnt
.
...relatively less market
demand for downtown
redevelopment...
...maintaining
infrastructure and
targetting workforce
training resources...
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Resulting Situation
How many times have you heard that someone would
"rather live downtown. but..." The "buts" include: the
schools were not good. the area was not safe. and
adequatc and high-quality residential space was not
affordable. This reasoning translates into developers
concluding there is relatively less market demand for
downtown redcvelopment than for a continuation of
suburban sprawl. Nonetheless, sprawl comes with its
own set of quality-of-life problems that any inhabitant
of a sprawl development can enumerate with ease: long
commutes in terrible traffic to work, child care,
shopping, recreation. etc.; no "sense of place," or a
generic quality to subdivisions; and general transience
marked by a lack of a feeling of community. A targetted
communications strategy, combined with a set of
financial and regulatory refonll, could tum this
discontent into a growing constituency and market for
urban infill development.
Solutions
I have offered many solutions as the flip sides of
individual impediments already discussed. Individual
solutions, such as maintaining infrastructure and
targetting workforce training resources, however, will
be more effecti ve if they are part of a larger strategy to
promote infill development and redevelopment. That
larger strategy should start with a "master plan" for the
redevelopment of an urban area. The master plan, or the
"vision," should be crafted by a broad coalition of
interested partics: local govemment, grass roots
organizations, financial institutions, developers, and
social service providers. The wider the "buy in" from
the beginning, the easier it will be to lower impediments
to financing, developing, and revitalizing later.
Strategies that will help in the creation of the master
plan include: the use of communal risk-sharing to
address lenders' and insurers' initial uneasiness with
funding inner-city development; the general agreement
to work toward thc understanding and usc of full-cost
accounting principles in computing impact fees and
property taxes; the adoption of a comprehensive
Brownfields policy to deal with questions of risk and
liability associated with cleanup of sites targetted for
redeveloment; and the simplification of rcview and
pcrmitting proccss for dcvelopments that arc consistcnt
with the plan.
11/6/2000 11:53 Arv
': dcsign Online: SuslainJbililY: Barricrs 10 Infill Devclopment
...Eastward lIo!...to
rc\'italizc southeast
Florida's traditional
urban corridor...
ht I P :lls ustai n ab 1 c. stale, 11. us/f d i/edcsi gn/ncwl>'/9704/b '.rri t'
Efforts Under \Yay
,
There are efforts under w~y to put some of these idc~s
into practice. One is E~stward Ho!, which is an
initiative, spearheadcd by the DCA, to revitalize
southeast Florida' s traditional urban corridor in ordcr to
both improvc the qu~lity of life there and to rcdircct
new growth away from the sensitivc lands adjacent to
the Everglades ccosystcm to the wcst. A good part of
thc initial work on Eastward Ho! has been to "widen the
net" of involved and represented groups. This
coalition-building has the aims of making sure that
evcryone who will be affected by rcdevelopment has a
chance to h~ve his/hcr concerns addressed and of
fostering broad-ranging buy-in and ownership of the
concept and strategy. In other parts of the county, such
as Portland, OR, Boulder, CO, and parts of Seattle, W A,
broad citizen involvemcnt and thc adoption of master
devc10pment plans have helped to create morc liv~blc,
sustainable communities. The message is that whcn
people work together toward a sharcd vision, it can be
done.
Carolyn Dekle and Phyllis Mofson. Editors
Carolyn Dekle is the Director of the SOllth Florida
Regional Planning Co 1I1/Cil.
Phyllis ""[of son is a Senior AJ anagemel/t Analysist in the
Office of Strategic Planl/ing for the Florida Department
of Com11l1mity Affairs.
Related Informatioll
· Other stories of interest from the South FIOlida
Sustainability Conferencc
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11/6/2000 11 :53 M
CDn Decision It/II)
14 Somerset Residentiallnfill SummaQ'
1. The property is located on the north edge of a i\lIIDR zone district. immediately
south of U..IDR zoning on the Gulf of i\1exico.
") The property was previously RM-20 which had a height limit of 30 feet. RM-20
and RM-24 wcre combined into MIIDR in the.: 1991) l:ode dUlI1ge. RM-24
allowed a height of 50 feet under the old code.
3. The hase height in MHDR is 30 fcct. but curre.:nt District Flcxible Development
allows 50 feet under certain conditions where "the increased hdght will not
reduce the vertic31 component of the view from a parcel of land which is
designated as low density residential in the Zoning Atlus."
4. The property is immediately adjacent to LMDR where thc height limit is 30 feet
even with the District Flcxible Development provision.
5. The definition of intill is "a dcvelopment approvcd pursuant to flexibility criteria
that allow the dcvelopment of properties which due to uniquc conditions or
histol'ical patterns of dc"clopment and ownership could not otherwise be
devcloped. "
6. ResidentiaIlnfil1 within ~vlHDR [Sec. 2-404 {F)j is allowed where "The uses
within the residentbl infill project arc compatible with adjacent land uses". It
further allows "t1exibility in regard to . . . hcight . . . justified by the benefits to the
community character and thc immcdiate vicinity of thc parcel proposed for
dcvelopment and the City of Clearwater as a whole."
7. The applicant's application provided the following answcr to thc qucstion "Thc
proposed development of the land will be in harmony with the scale, bulk,
covcrage. density and charackr of adjacent propertics in which it is located":
.....{ es similar height bldg 2 blocks to the south. We arc providing grcater set backs
than the existing."
8. The property two blocks to the south is in the middle ofthc Old Florida district of
Beach by Design not on the edge of it.
9. The "Old Florida" district of Beach by Design calls for a transition betwecn the
residential and resort uses to the south. It further specifics, "building height
should be low to mid-rise in accordance with the Community Development
Code," MHDR code allows only 50' under the District Flexible Developmcnt
standard.
10. The drawings submittcd with the application show substantial architectural
parapet walls abovc the roof level to hide thc mechanical equipment.
11. The staff report states in part that the "increase in hcight is necessary to provide a
viable product and allows for the placement of parking undemeath the building."
Parking would be allowed bdow the 1100d base level cvcn without any height
variancc. "Viable product" is not defined.
12. In the paragraph which would address impact on the immediate vicinity, the staff
report states that the "reductions in setbacks will provide a building similar is (sic)
sizc and scale to other buildings along Somerset Street." No comparison was
detailed to the residential buildings to the north.
Commission lnfill Discu:,sion 0301 (N.doc
Page 4 llf-l
Printed 1/9/2003 5:02 PM
1. Minimum Standard Development: 30 fcet
11. Flexible Standard Development: 30-40 feet
Ill. Flexible Development: 30-50 feet
lV. Residential Infill: No limits
1. Flexibility in rcgard to . . . height. . . are justified by the
benefits to community character and the immediate vicinity
of the parcel proposed for development. CURRENT
POLICY
c. I-Ieight rules
i. Start above flood levels - 14 fect
ii. Roof
1. Pitchcd roof-half way up
2. Flat roof - Elevator and equipment get an extra 16 feet
f. Other jurisdictions
i. Oregon Growth Management Program - between two existing
buildings then no higher than five fcct above the two adjacent
buildings.
11. San Antonio Texas: shall be compatible in massing to buildings on
adjoining lots.
111. Miami: Promote good design with a clear objective of
empowering the residents, business owners, and all other
stakeholders in determining the character and intensity of
development in and around their neighborhood.
Commission InfiIl Discussion 030109.doc
Page 3 or 4
Printcd 1/9/2003 5 :02 Pi\'I
... Policy Issues:
a. Shouldn't an intill decision should consider the current status of the
adjoining properties. I f they arc ncwly reno\'ated. then the vari.lI1cc on the
intill site should be consistent with thcm. If they arc greatly deteriorated,
then thc intill should bc consistcnt with what might be redeveloped on the
adjoining properties.
b. Shouldn't an intill variance be a give and take with the adjoining
properties. In no instance should thc inlill degrade an adjoining propcrty.
The intill vmiance should bc a plus for the immcdiatc ncighborhood. We
should consider how to involve the neighborhood.
c. Shouldn't an intill decision on the edge of a zoning district give some
considcration to the adjoining district? This kind of language is in thc
code [2-404 A.3] but inexplicitably it only applies if an adjoining district
is the low-density zoning category.
a. Therc is a rcference to vertical component (2-404 A. 2. b) of the view, but
this too only applies from a low-density zoned property. I don't
undcrstand why this rcstriction would not also apply to Low Mcdium
Density Rcsidential. Perhaps with a distance requirement.
d. \Vhat kind of documentation is needed to demonstrate "Impracticablc"
without deviations?
e. Should tinancial viability be a justification? It is NOT now part of thc
code.
f. What does Beach by Design's Old Florida "transitional" concept mean?
g. What does "reducing the vertical component of the view from a parcel of
land which is designated as low density residential in the Zoning Atlas"
mean?
h. Whnt involvement of the neighborhood should be required (like
Miami)?
5. Background Information
a. Intill Definition from code 8-102:
1. Residential infill project means a development approved pursuant
to flexibility criteria that allow the devclopment of propertics,
which due to unique conditions or historical pattel'l1s of
de,'elopment of ownership could not otherwise be developed.
[CURRENT POLICY].
b. 2-404 Flexible development standards for - ResidentiallnfiIl Projects:
i. The development or redevelopment of the parcel proposcd for
development is othenvise impncticnl with deviations from the
intensity and dcvelopmcnt standards.
c. LMDR Lcvels of standards
1. Minimum Standard Dcvelopmcnt: 30 fcet
11. Flcxiblc Standard Development: 30 feet
111. Flexible Development: 30 feet
iv. Residential Intill: No limits
d. MHDR Levcls of standards
Commission InfiIl Discussion 0301 09.doc
Page 2 01'4
Printed 1/912003 5:02 PM
Intill Discussion January 9,2003
1. Introduction
a. When we were talking CDS, I mentioned some concerns with infill.
b. Tonight \>.,ant to introduce the subject
c. Give you a chance to consider the issue
d. Talk about it at our next meeting.
2. InfilI
a. I noted split decision on one of the CDS cases on 11/19 and wondered if
there were policy issues in need of clarification.
b. Noted general neighborhood opposition to the requested 56 feet hcight of
the proposed building that was on the edge of a MHDR and LMDR
boundary on north beach. They werc requesting 56 feet plus thc flood
elevation and the roof mechanical allowance. So it could be as much as
86 feet high vs. most surrounding properties in the 30-40 high range.
c. I rcviewed the staff recommendation. Compared it against thc code and
concluded that the staff recommendation seemed to be inconsistent with
my reading of the code.
d. Talked to the City Managcr and was advised that other mcmbers of this
Commission were giving him POLICY GUIDANCE to be as liberal as
possible to allow infill.
e. My position is that infill is thc third level of variancc and should be vcry
restrictively used. Standard, Flex Standard, and Flexible Standard come
into play first. Then on top of this we allow infill variance with no limits.
f. I am especially concerned with height and building mass.
3. Suggested Action
a. I have some information I will pass out. After you have had a chance to
review it I would hope that I could rcceive your thoughts and understand
what POLICY guidancc YOll have been giving to the City Manager.
Commission Infill Discussion 0301 09.cloc
Page 1 of 4
Printed 1/9/2003 5:02 PM
~ Clearwater
u
Interotlicc Corrcspondencc Shect
FROM:
Bill Horne, City Manager
Cyndi Tarapani, Planning DireCIO~
Review of "In fill" Provision
TO:
RE:
DA TE:
January 24, 2003
At the January 9, 2003 City Commission meeting. Commissioner Jonson raised concerns about
the Comprehensive Infill Redevelopment Project provisions as contained in the Community
Development Code. Thc purpose of this memorandum is to describe the history and philosophy
of the code, describe how the lnfill project is administered by the Planning Department and to
provide a specific response by the Planning Dcpartment to the concerns raised by Commissioner
Jonson.
I. HISTORY AND PHILOSOPHY OF THE COMMUNITY DEVELOPMENT
CODE
The Community Development Code was adopted and effective in March, 1999 after extensive
public involvement and review. This Code totally replaced the City's previous zoning code and
represented a dramatic difference in philosophy on regulating development. One of the principal
concepts of the new Code recognizes that Clearwater is in a redevelopment mode rather than a
development mode: the City realizes that it does not contain a significant amount of vacant land
and most land use changes will result from redevelopment of existing sites. The main purpose
of the Code is to create value for the City by encouraging innovation (or doing something in a
different or new way and effecting change), lessening impacts, strcngthening the City's economy
and making high quality of design a matter of highest priority.
A second principal conccpt cndorsed in the new Code is thc recognition that it is inherently more
difficult to redevelop an existing site than to develop vacant property. Thercfore, incentives are
necessary and appropriatc to encourage thc redevelopment to come to Clearwater rather than
othcr competing locations. The redevelopment incentives that are provided in the Code are both
procedural and substantive. The major procedural incentives include simplifying the site plan
review process~ reducing the number of revicw authorities from four boards to one; developing
casily understood standards by which to evaluate a project; establishing specific time frames for
a decision; and expediting the rcview process by reviewing a project holistically-all aspects of
the site development are under review at one time rathcr than a piccc-meal revicw of individual
elements of the project.
For cxample. undcr the old codc. a project may have been rcviewed by the Planning Commission
tor the proposcd usc. by the Devclopment Code of Adjustment Board for a height variancc and
by the Dcsign Board if located in downtO\...l1. In the ncw code. the projcct is reviewed for all
aspects by the Community Devclopmcnt Board which dctcrmines thc appropriatcncss ofthc use.
any flexible requests and thc design aspects of the projcct. Not only is this holistic proccss a
morc effective review mechanism resulting in better devclopment, it offcrs a substantial savings
in t irnc to thc developer in rccciving a decision by the City in a reasonable time frame.
The substantivc incentives are described throughout the Code. Thc major substantive inccntive
is a threc tiercd approach to rcvicwing projects that cstablishes a relationship betwecn the
amount of site flexibility with whethcr the project requires a public hearing or may be reviewed
by staff with public notice provided. For example, as a projcct deviates from the standard sitc
plan rcquirements (setback, height, parking. sitc amenities, etc.) a public hearing is requircd to
rcvicw the project and detcrminc the impacts of the deviations. The Code also rccognizes that
ccrtain types of uses may rcquire a public hearing duc to thcir impacts on the surrounding area
and the City as a whole. Therefore, there are somc uses that requirc a public hearing even if all
sitc standards are met. An example of this type of use is a prob1cmatic use such as a day labor
busincss.
Another major concept in the Code is thc recognition of past Court decisions that distinguish
between two types of development applications: legislative and quasi-judicial. An example of a
lcgislative application is a land use amendment where the governing body exercises their
authority to establish citywide policy to amend or not amend their land use plan. A land use plan
amendment as a legislative action is consistent with and similar to the City Commission's role in
other legislative decisions that set citywide policy such as approving the budget.
A quasi-judicial case is a specific application to develop a site where the COB reviews the
application and applies the development standards to that application. In the City of Clearwater,
flexible applications are quasi-judicial cases and all arc reviewcd by the Community
Development Board (CDB). Court decisions have established that quasi-judicial cases must be
based on competent evidence evaluating the project against the city's standards. The revicw ofa
project must o~iectively detcrmine whether the project mects the site plan standards. The COB
holds a public hearing and testimony is given by the City staff, the applicant and the public. Thc
COB often has to weigh all of evidence (which may be conflicting) to dctermine whether it is
fact based or based on emotional "not in my backyard" attitudes.
The Code prescribes that the COB mcmbers must be "qualified and cxpcrienced in the fields of
architecture, planning, landscape architecture, engineering, constmction. planning and land usc
law and real estate." (Scction 5-202, Community Development Code). This specific knowledgc
and skills of the COB contributes to a balanced knowledgeable evaluation ofprojccts. In many
ways, the CDB's review and decision has many characteristics of a judge's dccision: thcy must
weigh evidence, apply laws/standards to a specific propcrty and their decision is final subject to
an appcal to a hcaring ofticer.
2
II. PLAl'iNING DEPARTMENT AD:\lINISTRATION OF INFILL PRO.JECTS
The lIse of Comprehensive Redevelopmcnt Intill Projects and Residentiallntill Projects ("lnlill")
is a component ofa site plan application reviewcd by hoth the City Planning Dcpartment and the
COB. The Code establishes "inlill" as a specilic use within each zoning district~ the
Comprehensivc I nlill Redevclopment Project lISC is providcd within nonresidcntial districts and
the Residential InfiIl Projcct use is pro\'ided in rcsidcntial districts. The concept of Inlill
provides an opportunity for applicants to upgrade a propcrty from a substandard or below
standard lcvel. to achieve a positive change on a property. In some instances, an Il1lill project
may be fl1r a use or mix of uses not generally pcrmitted in the zoning district. In othcr instanccs,
Inti)) is used to rcquest grcatcr rclicf trom a specific dimcnsional standard.
When thc currcnt Code was written and adopted, it did not and could not conccive of evcry
rcdcvelopment scenario. Thc Codc was intentionally writtcn to provide the opportunity for
applicants and developers to achieve redevelopment on propcrties whcn conventional standards
do not work. This occurs through the option of lntil!. In rcturn tar flexihility granted. thc City
has the ability to rcvicw the "form and fi,mction" of thc sitc and buildings proposcd as part ofthc
development. The design of the buildings is scrutinized to cnsure the project cnhances thc
community charactcr of thc immediate vicinity of the subject parcel and the City as a whole.
Upon approval, thc project must adhcre to thc sitc plan as well as thc architectural design
presented and approvcd by thc COB.
For sites within thc Tourist and Downtown District. specific design guidclines apply in the
rcvicw of all projccts. Infill projects included. Additionally. the Infill project can only be
approved alter a full public hearing by the COB who review it against the specific criteria in the
Code. the staff rccommendation and testimony taken by the public in attendance.
The Planning Departmcnt and COB are also guided by the goals and policics of the
Comprchcnsive Plan and any spccial arc a plans lar the ncighborhood in which the projcct is
located. Currcntly, the City has adoptcd five spccial area plans that establish policies for these
specific areas:
. Downtown.
. Clcarwater Bcach,
. Periphery Areas to Downtown.
. Coachman Ridge Neighborhood Ovcrlay District and
. Island Estates Neighborhood Overlay District.
Thc Intill use requcst must also adhcrc to the undcrlying land lIse principlcs and objcctivcs.
'"
,)
III. RESPONSE TO COi\.'IMISSIO~ER ,JONSON'S MEMORANDUM DA TEll
.JANUARY 9, 2003
At the City Commission's meeting on January 9. 2003. Commissioner Jonson outlined and
distributed discussion issues regarding the use or "lnli"" in the City. The policy issues in
Commissioner Jonson's Section 4 are printed in bold lallowed by the Planning Department's
response to that item.
".a. Shouldn't an infill decision consider the current status of the ~ldjoining properties.
If they are newly renovated, then the variance on the intill site should be consistent with
them. If they are greatly deteriordted, then the infill should be consistent with what might
be dc\'eloped on the adjoining properties.
Planning Department Response: Agree. Two intill criteria specifically address
compatibility with the existing neighborhood. See Infill Criteria 4 and 6.
".b. Shouldn't an intill variance be a give and take with adjoining properties. In no
instance should the intill degrade an adjoining property. The infill variance should be a
plus for the immediate neighborhood. We should consider how to involve the
neigh borhood.
Planning Department Response: Agree. See Infill Criterion 6.
The Planning Department and the Community Development Board evaluate and review
projects in an effort to balance the interests of all stakeholders, seeking to enhance the
neighborhood (with an appropriate, compatible use with high quality designed site and
buildings that will not reduce the fair market value of abutting properties), increase the
tax base, ensure adequate services, and mitigate negative impacts.
".c. Shouldn't an intill decision on the edge of a zoning district give some consider-dtion
to the adjoining zoning district. This kind of language is in the code (2-404. A.3) but
inexplicitably it only applies if an adjoining district is the low density zoning category.
Planning Department Response: Agree. See Infill Criterion 6 and discussion above. It
should be noted. however, that Section 2-404.A.3 is not an inlill type of use. This section
is a review criterion for attached dwellings in the Medium High Density Residential
District and does not apply to the case cited by Commissioner Jonson at ] 4 Somerset.
".a. There is a reference to vertical component (2-404 A.2.b) of the view, but this too
only applies from a low-density zoned property. I don't understand why this restriction
would not also appl)' to Lo\\' Medium Density Residential. Perhaps with a distance
requirement.
Planning Department Response: Agree that the code section cited by Commission Jonson
applies only if the project is adjacent to property zoned Low Density Residential district.
4
This section does not apply to the case cited by Commissioner Jonson at 14 Somerset. If
thc City Commission believes that this regulation should apply to other zoning district(s),
then a code amendment may he initiated.
".d. \Vhat kind of documentation is needed to demonstrate "Impracticable" without
de"iations'!
Planning Department Rcsponse: Commissioner Jonson is referring to Infill criterion 1.
The review of the "impractical without deviations from the use. intensity and
developmcnt standards" is done by the Planning Department stafr in the staff report and a
final decision on "impractical" is made by the Community Development Board. The
documentation to review this criterion is the sitc plan submitted by the developer which
the professional statl reviews and evaluates based on the project, code requirements and
site constraints
4.e. Should financial viabilit)' be a justification? It is NOT now part of the code.
Planning Department Response: The Planning Department docs not belicve that financial
viability 0 f a project should be part of the review process nor the justification to approve
or deny a project. Financial viability is part of the decision process of thc developer in
whether or not to pursue a project and should not effect the decision on whethcr the
project is a good one for the City, in terms of compatibility.
4.f. \Vhat does Beach B~' Design's Old Florida "transitional" concept mean?
Planning Department Response: 1 believe the citation that Commissioner Jonson
referenced is the following sentence from Beach by Design, The "Old Florida" District,
page 7:
The area between Acacia and Rockaway is an area of transition between resort
uses in Central Beach to the low intensity rcsidential neighborhoods to thc north
of Acacia.
In this context, "transition" refcrs to the fact that the land within Old Florida District lies
between the more intense resort area to thc south and the low intensity residcntial
neighborhood to the north. Therefore. the scale of development in the Old Florida district
should be less than that of the rcsort area to the south and more than that of the residcntial
neighborhood to the north.
4.g. \Vhat docs "reducing the vertical component of the ~'iew from a pnrccl of land which
is designated as low density residential) in the Zoning Atlas" mean?
Planning Department Response: This is a criterion required as part or a Flcxible
Development application, not part of the Infill requiremcnt. The intcnt is to maintain
\;ews from the LOR, Low Density Residential District across a subject parcel.
5
".h. \Vhat involvement of the ncighborhood should he required (Iikc Miami)'!
PlanniIH.!. Dcpartmcnt Resp-onsc: Thc City curn:ntly requin.:s noticc of a projcct when a
public hearing before the Community Development Boaru is rcquircd. I n addition, if a
project is reviewcd by thc Community Devclopmcnt Coordinator (Planning Director),
notice of thc project is also given bclbrc the city starr mcets to revicw the project.
Comments by thc property owners in the vicinity of the projcct arc invitcd and considercd
prior to a uecision hy thc Community Developmcnt Coordinator. Notice includes dircct
mail to all property owners within 250 reet, an advcrtisement in the ncwspapcr for CDB
cases and posting of thc Development Rcview Committce Agcnda on the Planning
Departmcnt's web site.
Although not required by the Co dc, many developers hold a public mceting with the
surrounding neighborhood to intiJrm thcm and reccivc comments on a project. Should
the City Commission desirc to require evcry developcr to hold a public neighborhood
meeting, a code amendment may be initiated.
Commissioner Jonson also raised spccific issues rcgarding the project at 14 Somerset which
were shown on page 4 of his memorandum. The Planning Department's response to each item,
wherc applicable. is shown below
Items 1 and 2. The Planning Departmcnt agrees.
Item 3. The base height in MHDR is 30 feet...
Planning Dcpartment response: The 30 leet height in MHDR that is referenccd by
Commissioner Jonson is the minimum standard height. Additional height may be allowed
through tlexiblc standard and tlcxible development review processes.
Item 4. The property is immediately udj~lcent to LM()R whcre the height limit is 30 feet
een with the District Flexible Development provision.
Planning Department response: In the LMDR district, an applicant may request
Rcsidcntial Intill Development in which additional hcight over 30 feet can be requested.
Itcm 5. This item includes part of the Comprehensive lnml Redevelopment Project definition.
Thc complete definition from the Community Development Codc is attached.
Item 6. The Planning Dcpartment agrees.
Item 7.The Planning Department agrees thut this is the applicant's response. The Departmcnt
makes its own evaluation of the flexibility criterion in its stafT report.
Items 8 and 9. The Planning Department agrecs.
Item 10. The Planning Department agrecs and notes that the definition or hcight allows parapet
walls to hide mechanical equipment.
()
Item 11. The staff report states in part that the "increase in height is necessary to provide
a viable product and allows for the placement of parking underneath the building."
Parking would be allowed below the flood base level even without any height variance.
~Viable product" is not defined.
Planning Department responsc: In the context of the statT rcport revicwing a pafticular
project, "viable product" refers to the proposed condominium units both in typc, size,
architectural style, amenitics provided, etc.
Item 12. The Planning Department agrccs,
IV. SUMMARY
The Comprehensive lnfill Redevelopment Project is a tool for redevelopment in the City
of Clearwater. The Intill project allows the City to evaluatc a use Of mix of uses that don't neatly
"fit the box" of the zoning district in which the property is located, The Intill project allows a
project to be evaluated as a holistic proposal, evaluating and balancing thc flexibility requested
by the project with the overall bcnefit of the projcct to thc ncighborhood and community at large.
The City's redevelopment goals are retlected in the Codc that provides incentives for
redevelopment including clearly dcfincd community standards by which a project is mcasured.
The evaluation of an Infill project is done by the Community Development Board after
notice to aflected property owners, revicw of the Planning Department's professional stafTreport
and hearing and weighing the evidence presented by both the developer and the public. The
Planning Department believes that four years of experience of the impact of the Community
Development Code show clear evidence that this code is encouraging redevelopment in many
sectors of our city. Howcver, should thc City Commission not agrce with the Infill project as a
redcvelopment tool, then the Community Devclopment Code's policies implcmcnting Intill
projects should be amended.
I would be glad to provide any furthcr information that you need. Thank you.
.
Attachments
cc: Garry Brumback, Assistant City Managcr
Pam Akin, City Attorney
s: I'lol/llllrg nt""lrtm"lIt'City ConllnnslOIII/l1/ m('mo fl' il!/il/ n'.~/"Jllt~.(/oc
7
Criteria For Comprehensive Infill Redevclopment Projects
Communit), Development Code
l, Thc dcvclopment or redcvclopment of the parccl proposed tor development is otherwise
impractical without dcviations from thc intensity and devclopment standards;
2, The development or the parcel proposcd for development as a Comprehensive InJiIl
Redevelopment Projcct will not rcduce the lair market value of abutting properties.
3, The uses within thc Comprehensive Intill Redcvelopmcnt Projcct arc otherwise permittcd
in the City of Clearwater.
4, Thc use or mix of uses within the Comprchensive lnlill Redevclopment Project is
compatible with adjacent land uscs.
5, Suitablc sitc lor devclopment or redevelopmcnt of the uscs of mix of uscs within the
Comprchcnsive Intill Rcdevelopment Project arc not otherwise available in the City of
Clearwater.
6. The development of the parcel proposed tor devclopment as a Comprehensive Infill
Redevelopment Project will upgradc the immediate vicinity of the parcel proposed for
developmcnt.
7. The design of the proposed Comprehensivc Infill Redevelopmcnt Project creates a form
and runction which enhances the community character of the immcdiate vicinity of the
parcel proposed for dcvelopment and the City of Clearwater as a whole.
8. Flexibility in regard to lot width, requircd sctbacks, hcight and off-street parking are
justified by the benefits to community character and the immediate vicinity of the parcel
proposed for development and the City ofClearwatcr as a whole.
9. Adequatc ofT-strcet parking in the immediate vicinity according to the sharcd parking
formula in Division l4 of Article 3 will be available to avoid on-street parking in the
immediate vicinity ofthe parcel proposcd tor dcvelopment.
lO. The dcsign of all building complies with the Tourist District design guidclines in the
Division 5 of Article 3.(Only applicable in Tourist and Downtown Districts)
8
\
Gcneml Standards For Level One And Level Two Approval Conditions
Community Development Code, Section 3-913
A. Conditions which arc imposed by the Community Developmcnt Coordinator and the
Community Development Board pursuant to a Level Onc or a Lcvcl Two approval shall
ensure that:
l. The proposed development of the land will be in harmony
with the scale, bulk, coverage, density, and charactcr of
adjacent properties in which it is located.
2. The proposed devclopment will not hinder or discouragc
the appropriate dcvclopmcnt and use of adjacent land and
buildings or significantly impair the value thereof.
3. The proposed development will not adversely affect the
health or safety of persons rcsiding or working in the
neighborhood of the proposed use.
4. The proposed development is designed to minimizc traffic
congestion.
5. The proposed development is consistent with the
community character of thc immediate vicinity of the
parcel proposed for development.
6, The design of thc proposed development minimizes
adverse effects, including visual, acoustic and olfactory and
hours of operation impacts, on adjacent properties.
B. In the event of an express conflict between a particular flexibility criterion and a
provision of Article 3, the t1exibility criterion shall govern unless the context clearly implies that
the Article 3 provision should control.
9
I
DEFI:\ITIONS A~D RULES OF CONSTRUCTION
nances of the City of Clearwater, unless the
context expressly refers to the Florida Statutes or
other document.
Child day care means a use pro\"iding for the
day care, with or without compensation, of five or
more infants, preschool-aged children and/or school-
aged children who are unrelated to the operator
as defined in Florida Statutes Section 402.302(.!)'
City means the City of Clearwater, Florida.
City engineer means the city engineer of the
city.
Clearing means the act of removing vegetation
or an existing impervious surface such as but not
limited to asphalt, concrete or buildings, such
that bare earth or other erodible surface is ex-
posed to the elements.
Clearwater Beach means the island north of
Sand Key and west of Island Estates.
Coastal construction control line (CCCL) means
a boundary established by the State of Florida
pursuant to F.S. 161.053 to regulate how close
structures can be constructed to certain coastal
waters.
Coastal high hazard area means the area sub-
ject to high velocity waters, including but not
limited to hurricane wave wash. The area may be
designated on a FIRM as zone VI-30, VE or V.
Code Enforcement Board means the Cleanvater
Code Enforcement Board created pursuant to F.S.
S 162.05 et seq.
Code enforcement officer means those autho-
rized agents or employees of the city whose duty it
is to enforce this development code and other city
ordinances and codes,
COl01~ earth tone means brown, beige, green
and other colors typically found in the natural
environment.
COI01~ muted means colors which are not gar-
ish, gaudy, loud, excessive, ostentatious or other-
wise constitutes a glaring and unattractive con-
trast to surrounding buildings,
Commercial vehicle means any vehicle de-
signed for a commercial or industrial function, or
any vehicle marked with commercial advertising.
Supp. No, I
* 8-102
Common ownership means a shared interest in
real property by the same person or any persons
related by marriage, blood, or adoption who are
parents, spouses, siblings and children.
Community development board means the board
established pursuant to Article 5 of this develop-
ment code with authority to hear appeals of level
one approvals, to review and decide level two
approvals, and to review and recommend level
three approvals to the city commission.
Community residential home means a dwelling
unit which provides n living environment for up to
14 unrelated residents who operate as the func-
tional equivalent of a family, including such su-
pervision and care by supportive staff as may be
necessary to meet the physical, emotional and
social needs of the residents.
Community development coordinator means the
director of the department of community develop-
ment and redevelopment, or any person desig-
nated to act on behalf of the director.
Comprehensive ilzfill redevelopment project
means an innovative use of land which does not
conform to typical land use categories or develop-
ment forms and involves a use or mix of uses,
designed and located in a special or innovative
form with special functions or character which
are beneficial to a particular part of the City of
Clearwater and the citizens of the City of
Cleanvater as a whole.
Comprehensive plan lUeans the City of
Clearwater's Comprehensive Plan adopted pursu-
ant to Florida Statutes.
Concurrency means that adequate public facil-
ities meeting the level of service standards estab-
lished in the city's comprehensive plan are or will
be available no later than the impacts of a devel-
opment.
Concurrency test means a comparison of a
development's impact on public facilities with the
capacity of public facilities that are or will be
available no latcr than the impacts of develop-
ment.
CD8:9
Intill Discussion February 3, 2003
Basically three questions:
1. What guidance should we give to the City Manager regarding infill?
2, Do we want level two, level three and intill to be treated differently when located
adjacent or nearby a lower density zoning district?
3. Should the criteria specifically require a review the current condition of the
adjoining properties as part of the infill decision?
Basically three questions:
1, What guidance should we give to the City Manager regarding intill?
a. CM advised me that at least one Commissioner wants minimal compliance
when dealing with infill.
b. My approach is that the staff should use their professional judgment in
following the guidance of the current code. Ifwe want to change it, the
entire commission should change the policy directive,
2, Do we want level two, level three and infill to be treated differently when located
adjacent Of nearby a lower density zoning district?
a. [Last two items on page 4 of the staff document.]
b. Section 2-404 A,2.b addresses vertical component of the view from an
lower density property, but inexplicably only applies from Low Density
Residential.
i. "The increased height will not reduce the vertical component of the view from a
parcel of land which is designated as low density residential in the Zoning
Atlas, ..
c. This same language appears in all the residential zoning districts including
HDR.
d. Staff responded that this critcria could be changed by the commission.
3. Should the criteria specifically require a rcview the current condition of thc
adjoining properties as part of the infill decision?
a. [First item on page 4 of the staiT document.]
b. Staff responds they AGREE, but believc that this critcria is alrcady
required as part of Criteria 4 and 6.
c. Criteria 4 addresses "uses" not condition. The application that I reviewed
just documented that there was residential to the north.
d. Criteria 6 addresses the form and function which enhanccs the community
character of the immediatc vicinity of the parcel proposed for developmcnt
and the City of Clearwater as a whole. The application that I revicwed hud
one reference to the abutting properties, but indicated thut the buildings
are approximately 50 yeafs old. It did not addrcss the condition of thc
buildings. One of which appcars to have been rcccntly renovatcd.
e. My concern is that the adjoining property has rcccntly bc renovatcd, thcn
it is likely that it won't bc subject to an infill application in the ncxt few
years. On thc other hand, if it is in dcteriorated condition. thcn anothcr
infill request is Iikcly.
Commission lntill Discussion 030203b,doc
Printcd 213/2003 7:4 7 A~vf
Pagc I 0 f I
Z(ININ(; D!STR
,matically
l.
face parl<;-
Ise of the
residence.
lased over-
as not ex-
limited to
lrea of the
. accommo-
nent fronts
s a corner
to a height
111 or fence
mobiles in
not project
;reets;
.ed and 10-
i cast light
ed for resi.
"hich serve
lmodations
.scaped en-
along the
lyave been
aT setbacks
ion in front
,f character
sting struc-
d have been
or uniform
)f.w ny.
5etbnck will
mcent prop-
CD',L33
~ 2-.\0,1
'..'UIHIIIU.
Flexibility criteria:
A. Attached dwellings,
1. Side and rear setback:
n. The reduction in side and rear set-
back does not prevent access to the
rear of any building by emergency
vehicles;
b. The reduction in side and rear set-
back results in an improved site plan,
more efficient parking or improved
design and appearance;
2. Height:
a. The increased height results in an
improved site plan, landscaping ar-
eas in excess of the minimum re-
quired and/or improved design and
appearance;
b. The increased height will not reduce
the vertical component of tho view
from a parcel ofland which is desig-
. nated as low density residential in
..the Zoning Atlas.
3. The parcel proposed for development is
not contiguous to a parcel of land which ~~
designated as low density residential in
the Zoning Atlasi . -.----
4. Off-street parking is screened from adja-
cent parcels of land and any adjacent
street by a landscaped wall or fence of at
least four (4) feet in height;
5, All waste disposal containers which serve
the proposed overnight accommodations
use are located within u landscaped en-
. ~:vu.:~~r';u\"l1 "L1t~~~_~I
_t.h,," p~nFgrt;y ...:ill nHp'~o:j f9'."9" p<>rKll1L.
.sp~~":,,,,~~=. m~rfol~..__~~).
. ._the1lsenf-,,;ji,,"fr...,t-pr-' "''1': ". ~~ ~r9E-
~~~F-(Ji:lbblve-~orG.atlonal
..-;:pt!!:!>",C!n~ ----
F. Residential il1fill projects.
1. The development or redevelopmont of the
parcel proposed for developm~n~ is ot~1er.
wise imprnctical without devlUllOns trom
the intensity ::lncl development standards;
S :!..lU,1
COMMUNITY DE
2. The dev~lopment of the purcel proposed
for development os n residential infill
project will not materially reduce the fair
market value of abutting properties;
3. Tho uses within tho residential infill project
are otherwise penuitted in the district;
4. The uses within the residential infill project
are cOI)lpatible with adjacent lands uses;
5. The development of the parcel proposed
for development as a residential infi11
project will upgrade the immediate vicin-
ity of the parcel proposed for develop-
ment;
.6. The design of the proposed residential
infill project creates a form and function
which enhances the.community character
of the immediate. vicinity of the parcel
proposed for development and the City of
Clear\vater as a whole;
7. Flexibility in regard to lot width, required
setbacks, height and off-street parking
are justified by the benefits to communit.Y..
charac.ter and tIle immediate vicinity of
the parcel proposed for development and
the City of Clearwater as a whole.
G. Residential shelters.
1. The parcel proposed for development does
not abut a manufacturing or wholesale
sales and service use;
2. The parcel proposed for development is
located within 600 feet of 11 trnnsit line;
3. The parcel proposed for development is
not located within 1,500 feet of another
residential shelter;
4. All Oll tdoor lighting is designed and lo-
cated so that no light fixture casts light
directly on to adjacent land lIsed for resi-
dential purposes;
5. The residential shelter does not. involve
outdoor eating or sleeping fncilities.
(Ore!. No. 6526-00, * 1,6-15-00; Ord. No. 6595-00,
~ 4,9-7-00)
Supp, No, 2
CI
PRELIMINARY AGENDA
Clearwater City Commission Work Session - 9:00 A.M. - Monday, February 3,2003
PRESENTATIONS
1. Guideway Presentation/MPO Mobility Initiative (WSO)
PUR PURCHASING
1, Tampa Bay Engineering Group, Clearwater, Florida, engineering service for drainage
improvements along Canterbury Road from Jeffords St. to Allen's Creek for $69,138.
(EN) (Consent)
ED/HSG ECONOMIC DEVELOPMENT/HOUSING
1. Approve the agreemenUloan with Mt. Carmel Community Development Corporation
of Clearwater, Inc., in the amount of $445,000. to use Community Development Block
Grant and HOME Investment Partnership Program funds for the acquisition of real
property and development of an elderly rental community in the North Greenwood
Area, (Consent)
FN FINANCE
1. Authorize settlement of the workers' compensation claim of Claimant, Edwin
Feldhaus, in its entirety to include medical, indemnity and attorney fees for the sum of
$80,000, (Consent)
CGS CLEARWATER GAS SYSTEM
1. Adopt Res 03-08 to approve a Joint Project Agreement with the State of Florida's
Department of Transportation to install natural gas mains during improvement project,
FPN:256336-1-52-01/WPI No, 7115979/SPN: 14570-3518/Pasco County, SR 54, from
Mitchell Road to Gunn Highway, at an estimated cost of $300,150.
HR HUMAN RESOURCES
1. CW A Contract
PR PARKS AND RECREATION
1. Approve the appropriation and transfer of $450,000. of the unrestricted fund balance
of the General Fund to the Harborview Center Fund to eliminate the deficit net current
asset balance at 9/30/02. (Consent)
2. Authorize lease purchase financing for a digital photo identity card system and award
a contract to Diversified Business Machines, Inc. in the amount of $107,847.03 and
increase capital improvement budget by $14,000. from $94,000. to $108,000, (Consent)
3. Approve increasing contract to Lunz Prebor Fowler Architects of Lakeland, Florida in
the amount of $27,000. from $192,313. to $219,313 to expand the scope for the design
and permitting of the skate park at the Ross Norton Park Recreation and Aquatics.
Center. (Consent)
02.03-03 Work Session Agenda
1
PW PUBLIC WORKS
1. Public Hearing & First Reading Ordinance 7060-03 approving the applicant's request to
vacate the 16-foot alley lying along a line 2 feet west of and parallel to the west property
line of Lot 6, Block 16, Map of Belleair, (A,K.A. 509 "0" Street), subject to the retention
of a drainage and utility easement over the westerly 15 feet of the alley, (V2002-13 City
of Clearwater)
2. Accept a perpetual 35-foot drainage and utility easement dated 10/01/02 over and
across a portion of Block "V", Hibiscus Gardens conveyed by Dennis Melucci and
Sandra W. Melucci. (Consent)
ORLS OFFICIAL RECORDS & LEGISLATIVE SERVICES
1. Beautification Committee - 1 Appointment (Consent)
2. Community Development Board - 2 Appointments (Consent)
CA LEGAL DEPARTMENT
1. Authorize an increase of $10,000. to the monetary limit on the contract with the firm of
John Fernandez for outside counsel services related to representation in Crouch v.
City of Clearwater, et al. Case No. 93-2860-CI-21, including any interlocutory appeal
proceedings, for a new contract total of $ 90,000. (Consent)
Second Reading Ordinances
1. Ord 7064-03 - Approve the petition for Annexation for 1740 Ragland Avenue (Lot 55,
Clearwater Manor Subdivision) (Charlotte Sisk ANX2002-10017)
2. Ord 7065-03 - Approve Land Use Plan Amendment from County Residential Low (RL)
to City Residential Low (RL) for 1740 Ragland Avenue (Lot 55. Clearwater Manor
Subdivision) (Charlotte Sisk ANX2002-10017)
3. Ord 7066-03 - Approve Zoning Atlas Amendment from County R-3, Residential Single-
Family District, to City LMDR, Low Medium Density Residential District for 1740 Ragland
Avenue, (Lot 55, Clearwater Manor Subdivision) (Charlotte Sisk ANX2002-10017)
4. Ord 7067-03 - Approve the petition for Annexation for 1925 Ashland Drive (Lot 51,
Citrus Heights Manor First Addition) (Janet Ergang ANX2002-10018)
5. Ord 7068-03 - Approve the Land Use Plan Amendment from County Residential Low
(RL) to City Residential Low (RL) for 1925 Ashland Drive (Lot 51, Citrus Heights Manor
First Addition) (Janet Ergang ANX2002-10018)
6, Ord 7069-03 - Approve the Zoning Atlas Amendment from County R-3, Residential
Single-Family District, to City LMDR, Low Medium Density Residential District for 1925
Ashland Drive (Lot 51, Citrus Heights Manor First Addition) (Janet Ergang ANX2002-
10018)
7. Ord 7070-03 - Approve the petition for Annexation for 2400 Varsity Drive (consisting of
Metes and Bounds 42/02 in Section 7, Township 29 South, Range 16 East) (George
Hunt ANX2002-10016)
8. Ord 7071-03 - Approve the Land Use Plan Amendment from County Residential Urban
(RU) to City Residential Urban (RU) for 2400 Varsity Drive (consisting of Metes and
Bounds 42/02 in Section 7, Township 29 South, Range 16 East) (George Hunt
ANX2002-10016)
02-03-03 Work Session Agenda
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9, Ord 7072.03 - Approve the Zoning Atlas Amendment from County A-E, Agricultural
Estate Residential District, to City LMDR, Low Medium Density Residential District for
2400 Varsity Drive (consisting of Metes and Bounds 42/02 in Section 7, Township 29
South, Range 16 East) (George Hunt ANX2002-10016)
10. Ord 7091-03 - Approve the applicant's request to vacate the 5-foot drainage and utility
easement lying along the West property line of Lot E. Rolling Heights Subdivision
(AK,A, 2316 Drew Street), less the north 20 feet thereof, (V2003-01 Drew Park lLC)
11. Ord 7093-03 - Approve the petition for Annexation for property located at 107 Hampton
Road (consisting of Metes and Bounds 13/04 and a portion of 13/044 in Section 17,
Township 29 South, Range 16 East) (Limited Properties, Inc. & Hampton Road
Development Corp. ANX2002-12023 and lUZ2002-12013)
12. Ord 7094-03 - Approve the land Use Plan Amendment from Residential Urban (RU) to
Residential/Office Limited (RlOl) for property located at 107 Hampton Road (consisting
of Metes and Bounds 13/04 and a portion of 13/044 in Section 17, Township 29 South,
Range 16 East) (Limited Properties, Inc. & Hampton Road Development Corp.
ANX2002-12023 and LUZ2002-12013)
13. Ord 7095-03 - Approve the Zoning Atlas Amendment from County Zoning A-E,
Agricultural Estate Residential District to City 0, Office District for property located at
107 Hampton Road (consisting of Metes and Bounds 13/04 and a portion of 13/044 in
Section 17, Township 29 South, Range 16 East) (Limited Properties, Inc. & Hampton
Road Development Corp. ANX2002-12023 and lUZ2002-12013)
Other City Attorney Items
City Manager Verbal Reports
Commission Discussion Items
1, Infill Discussion (to be discussed 02/05/03)
Presentation(s) for Thursday Night
Other Commission Action
Adjourn
02-03-03 Work Session Agenda
3