11/06/2003
CITY COMMISSION
MEETING
11/06/03
NOTE:
11/03/03 PRELIMINARY (WS) AGENDA & PAPER
WORK THAT WAS IN PACKET INITIALLY BUT
THEN NOT CONTINUED ONTO THURSDAY'S
COMMISSION AGENDA IS AT THE BACK OF THIS
AGENDAP ACK..
ACTION AGENDA - CLEARWATER CITY COMMISSION MEETING
Thursday, November 6,2003 - 6:00 P.M. - Commission Chambers
1. Invocation - Reverend Donna Oberkreser of Central Christian Church.
2. Pledge of Allegiance - Mayor.
3. Introductions, Awards and Presentations - Given.
a) Light Your Library - Judy Melges
b) We Care Fund - Jim Geary
c) Clearwater Jazz Holiday - Wayne Garcia
4. Approval of Minutes - Regular Meeting October 16, 2003 - Approved as submitted.
5. Citizens to be heard re items not on the Agenda
Rev. Flovd gave an opinion re Terri Schiavo, a comatose patient.
PUBLIC HEARINGS
6. Public Hearing & First Reading Ordinance 7195-03, 7196-03 & 7197-03 - Approve the
Petition for Annexation, Land Use Plan Amendment from County Industrial Limited (IL) to
City Industrial Limited (IL) and Zoning Atlas Amendment from the County Light
Manufacturing and Industry District (MI) to the City Industrial, Research and Technology
District (IRT) for 2160 Range Road (A portion of Lots 15 and 16, Pinellas Groves in Sec
12-29-15). ANX2003-08017 (Weaver Enterprises, Inc.)
ACTION: Approved. Ordinances passed 1 st reading.
7. Public Hearing & First Reading Ordinance 7198-03, 7199-03 & 7200-03 - Approve the
Petition for Annexation, Land Use Plan Amendment from County Residential Low (RL) to
City Residential Low (RL) and Zoning Atlas Amendment from the County
R-3, Single-Family Residential District, to the City LMDR, Low Medium Density Residential
District for 500 Dora Drive (Lot 92, Rolling Heights in Sec 07-29-16). ANX2003-08018
(Hayden D. & Amy J. Beatty) -
ACTION: Approved. Ordinances passed 1 st reading.
8. Declare as surplus for the purpose of granting a perpetual Utility Distribution Easement to
Progress Energy Corporation ("Grantee"), being a 10-foot wide Easement Area defined as
lying 5 feet each side of Grantee's facilities to be installed at mutually agreed upon
locations over, across and through a portion of the SW1/4 of the SE1/4 of Sec. 03-29-15,
as more specifically described in said Utility Distribution Easement. (PW)
ACTION: Approved.
Public Hearing - Second Reading Ordinances
9. Ordinance No. 7176-03 - Approve the Petition for Annexation of property located at 2179
Burnice Drive (Lot 31, Glen Ellyn Estates in Sec. 24-29-15) (ANX2003-07014 - Charles R.
Smalley)
ACTION: Ordinance adopted.
1.0. Ordinance No. 7177-03 - Approve Land Use Plan Amendment from County Residential
Low (RL) to City Residential Low (RL) for property located at 2179 Burnice Drive (Lot 31,
Glen Ellyn Estates in Sec. 24-29-15) (ANX2003-07014 - Charles R. Smalley)
ACTION: Ordinance adopted.
C..Jmmission Action Agenda 2003-11-06
1
11/6/03
11. Ordinance No. 7178-03 - Approve Zoning Atlas Amendment from the County R-3, Single-
Family Residential District, to the City LMDR, Low Medium Density Residential District for
2179 Burnice Drive (Lot 31, Glen Ellyn Estates in Sec. 24-29-15). (ANX2003-07014 -
Charles R. Smalley)
ACTION: Ordinance adopted.
12. Ordinance No. 7179-03 - Approve the Petition for Annexation of property located at 910
Berkley Place (Lot 9, Blk A, Palmetto Terrace in Section 07-29-16) (ANX2003-07015 -
Lawrence A. and Susan Walther)
ACTION: Ordinance adopted.
13. Ordinance No. 7180-03 - Approve Land Use Plan Amendment from County Residential
Urban (RU) to City Residential Urban (RU) for 910 Berkley Place (Lot 9, Block A Palmetto
Terrace in Sec. 7-29-16) (ANX2003-07015 - Lawrence A. and Susan Walther)
ACTION: Ordinance adopted.
14. Ordinance No. 7181-03 - Approve Zoning Atlas Amendment from the County R-3, Single-
Family Residential District, to the City LMDR, Low Medium Density Residential District for
910 Berkley Place (Lot 9, Block A Palmetto Terrace in Sec. 7-29-16) (ANX2003-07015 -
Lawrence A. and Susan Walther)
ACTION: Ordinance adopted.
15. Ordinance No. 7184-03 - Approve the Petition for Annexation of property located at 1830
Brentwood Drive (Lot 6, Lake Lela Manor, First Addition in Sec. 24-29-15) (ANX2003-
07016 - Steve G. and Rebecca L. Rainwater)
ACTION: Ordinance adopted.
16. Ordinance No. 7185-03 - Approve Land Use Plan Amendment from County Residential
Low (RL) to City Residential Low (RL) for 1830 Brentwood Drive (Lot 6, Lake Lela Manor,
First Addition in Sec. 24-29-15) (ANX2003-07016 - Steve G. and Rebecca L. Rainwater)
ACTION: Ordinance adopted.
17. Ordinance No. 7186-03 - Approve Zoning Atlas Amendment from tile County R-3, Single-
Family Residential District, to the City LDR, Low Density Residential District for 1830
Brentwood Drive (Lot 6, Lake Lela Manor, First Addition In Sec. 24-29-15) (ANX2003-
07016 - Steve G. and Rebecca L. Rainwater)
ACTION: Ordinance adopted.
18. Ordinance No. 7163-03 - Amending Chapter 17: Fire Prevention to achieve compliance
with amended Florida Statute 633:0215 and Florida Administrative Code 4A-60: Florida
Fire Prevention Code; delete local amendments superseded by Statute; and modify penalty
for violation of articles. .
ACTION: Ordinance adopted.
19. Ordinance No. 7193-03 - Amending Chapter 5: Fire Alarms, to delete and modify
definitions; to limit the number of courtesy warnings; and to modify the procedures relating
to issuance of citations for false alarms.
ACTION: Ordinance adopted.
20. Ordinance No. 7217-03 - Relating to the opening and closing hours for Alcoholic Beverage
Establishments and to adopt hours established by the Board of County Commissioners.
ACTION: Ordinance adopted.
Commission Action Agenda 2003-11-06
2
11/6/03
CONSENT AGENDA (Items 21-29) - Approved as submitted.
21.
22.
~~3,
21"
'Jr.'
roO,
20.
27.
28.
29.
Approval of Purchases per Purchasinq Memorandum:
a) Duval Ford, Jacksonville. Florida - Sixteen (16) 2004 Ford Crown Victoria Police
Cruisers for $385,952., funding to be provided under City's Master Lease-Purchase
Agreement. (SWIGS)
b) Solei I Systems, Lutz, Florida - Purchase contract for fixed library shelving including
installation for $163,308.36 (LIB)
c) Wingfoot Commercial Tire, Clearwater, Florida - Service contract for Tire repair and
inspection service during the contract period: 01/01/04 thru 12/31/04 for $124.000.
(SWIGS)
Declare surplus to the needs of the City and authorize disposal through Tampa Machinery
Auction. Tampa, Florida, or donation to UPARC, Clearwater, Florida, various items of
vehicles and equipment.
Authorize the additional amount of $50,000. to continue the services of Deborah Brown,
Exq., of the law firm of Thompson. Sizemore & Gonzalez to assist the City in contract
negotiations with the International Association of Fire Fighters (IAFF). (HR)
Approve an agreement with Decade Properties, Inc. dba Clearwater Bay Marina from
12/01/03 to 11/30104, a one (1) year contract period, for the collection of daily launch fees
at Seminole Street Launching Ramps for twenty-five percent (25%) of fees collected. (MR)
Approve Landlord Estoppel Certificate, Notice and Subordination Agreement to facilitate
Clearwater Golf Associates, Inc. securing a loan from Premier Community Bank of Florida
for previously agreed upon improvements to the Clearwater Executive Golf Course and
authorize the appropriate officials to execute same. (PR)
Accept grant funding and approve the corresponding agreement from the Juvenile Welfare
Board totaling $103,545. for funding of three (3) teen programs and authorize the
appropriate officials to execute same. (PR)
Authorize settlement of Mehr/Pearn, et al. v. City of Clearwater et aI., U.S. District Court
Case No. 8:02-CV-1313-T-24TBM, a claim alleging constructive discharge, seeking a
name clearing hearing, and alleging public records violations, and Mehr/Pearn v. City of
Clearwater, Circuit Court Case No. 02-6690-CI-7, a claim alleging public records violations,
In the total amount of $15.000. (CA)
Appoint Sheila Sullivan to the Beautification Committee (ORLS)
Appoint Mattie Whitson to the Community Relations Board (ORLS)
OTHER ITEMS ON CITY MANAGER REPORT
30. Adopt Resolution 03-40 - Rescinding Resolution 00-21 and authorizing certain City staff to
sign Florida Department of Transportation permit applications.
ACTION: Approved. Resolution adopted.
31. First Reading Ordinance 7213-03 - Approve amendments to Chapter 51, Code of
Ordinances to provide for various minor revisions to the City's floodplain management
regulations as recommended by the Federal Emergency Management Agency.
ACTION: Approved. Ordinance passed 1 st reading.
Commission Action Agenda 2003-11-06
3
11/6/03
32. IAFF Union Negotiations Update - Given.
33. Other Pending Matters- None.
CITY ATTORNEY REPORTS
34. Other City Attorney Items - None.
35. City Manager Verbal Reports
Discussion re decorative street lighting in neighborhoods. Direction given for staff to
develop a program.
36. Commission Discussion Items
Hibbard said it was good to see the transformation at the Beach Club on Sand Key; noted
Jazz Holiday was great; attended reopening of Ruth Eckerd Hall; looked forward to opening of new
Memorial Causeway Bridge; thanked RCS Food Pantry for tour of facility.
Grav said proceeds from CHIP gala approaching $37,000; noted Moccasin Lake Nature
Park has range of events; noted two visiting Japanese teachers from Sister City will attend CC
meeting on 11/20 and Sayonara party on 11/18; and daughter Allie turns 13.
Jonson congratulated wife's relative on being elected to Jeffersonville, Indiana Council;
attended Mainstreet conference in St. Pete; participated in RCS Food Pantry tour; attended with
Hibbard welcoming party for new conductor of Florida Orchestra; attended Ruth Eckerd Hall
reopening; attended Doorways celebration at Tropicana Field.
Hamilton noted number of grand openings and re-openings over last 3 weeks including
Fulton Avenue Apartments and Clearwater Mall; gave special recognition to Ruth Eckerd Hall re its
spectacular renovation and congratulated his brother for his involvement; noted Chamber has
formed task force to address alarming increases in beach property values and taxes resulting in
small businesses being forced to sell to developers for condos.
AunQst said the Convention & Visitors Bureau is concerned re increases in beach property
values; attended many of the same events as other Commissioners; thanked Sembler Company
for tremendous job with Clearwater Mall.
37. Other Commission Action:
a) City Attorney Salary Adjustment
AND
b) City Manager Salary Adjustment
ACTION: Approved 4% increases for City Attorney and City Manager.
38. Adjournment - 7:20 p. m.
Commission Action Agenda 2003-11-06
4
11/6/03
AGENDA - CLEARWATER CITY COMMISSION MEETING
Thursday, November 6, 2003 - 6:00 P.M. - Commission Chambers
Welcome. We are glad to have you join us. If you wish to speak please wait to be
recognized, then state your name and address. Persons speaking before the City
Commission shall be limited to 3 minutes unless otherwise noted under Public Hearings.
For other than Citizens to be heard re items not on the Agenda, a spokesperson for a
group may speak for three (3) minutes plus an additional minute for each person in the
audience that waives their right to speak, up to a maximum of ten (10) minutes. Please
obtain the needed form to designate a spokesperson from the City Clerk (right hand side
of dais) and return it to her prior to the start of the meeting. Up to thirty minutes of public
comment will be allowed for an agenda item. No person shall speak more than once on
the same subject unless granted permission by the City Commission. The City of
Clearwater strongly supports and fully complies with the Americans with Disabilities Act
(ADA). Please advise us at least 48 hours prior to the meeting if you require special
accommodations at 727-562-4090. Assisted Listening Devices are available. Kindly
refrain from using beepers, cellular telephones and other distracting devices during
the meeting.
1. Invocation
2. Pledge of Allegiance
3. Introductions, Awards and Presentations
a) Light Your Library - Judy Melges
b) We Care Fund - Jim Geary
c) Clearwater Jazz Holiday - Wayne Garcia
4. Approval of Minutes - Regular Meeting October 16,2003
5. Citizens to be heard re items not on the Agenda
PUBLIC HEARINGS
Not Before 6:00 P.M.
Quasi-judicial public hearings:
All individuals speaking on these items will be sworn-in.
Staff states and summarizes reasons for recommendation (2 minutes).
Applicant presents case, including its testimony and exhibits. Witness may be cross-
examined (15 minutes).
Staff presents further evidence. May be cross-examined (10 minutes).
Public comment (3 minutes per speaker or 10 minutes maximum as spokesperson for
others that have waived their time).
City Commission discussion, and may question any witness.
Applicant may call witnesses in rebuttal (5 minutes).
Conclusion by applicant (3 minutes).
Decision.
6. Public Hearing & First Reading Ord. 7195-03, 7196-03 & 7197-03 - Approve the
Petition for Annexation, Land Use Plan Amendment from County Industrial Limited
(IL) to City Industrial Limited (IL) and Zoning Atlas Amendment from the County
Light Manufacturing and Industry District (MI) to the City Industrial, Research and
1 t. -06-03 Commission Agenda
1
Technology District (IRT) for 2160 Range Road (A portion of Lots 15 and 16,
Pinellas Groves in Sec 12-29-15). ANX2003-0S017 (Weaver Enterprises, Inc.)
7. Public Hearing & First Reading Ord. 719S-03, 7199-03 & 7200-03 - Approve the
Petition for Annexation, Land Use Plan Amendment from County Residential Low
(RL) to City Residential Low (RL) and Zoning Atlas Amendment from the County
R-3, Single-Family Residential District, to the City LMDR, Low Medium Density
Residential District for 500 Dora Drive (Lot 92, Rolling Heights in Sec 07-29-16).
ANX2003-oS018 (Hayden D. & Amy J. Beatty)
Administrative public hearings:
- Presentation of issues by City staff.
Statement of case by applicant or representative (5 minutes).
Commission questions -Comments in support and in opposition (3 minutes per speaker
or 10 minutes maximum as spokesperson for others that have waived their time).
Commission questions.
Final rebuttal by applicant or representative (5 minutes).
Commission disposition
8. Declare as surplus for the purpose of granting a perpetual Utility Distribution
Easement to Progress Energy Corporation ("Grantee"), being a 10-foot wide
Easement Area defined as lying 5 feet each side of Grantee's facilities to be
installed at mutually agreed upon locations over, across and through a portion of
the SW1/4 of the SE1/4 of Sec. 03-29-15, as more specifically described in said
Utility Distribution Easement. (PW)
Public Hearing - Second Reading Ordinances
9. Ord No. 7176-03 - Approve the Petition for Annexation of property located at 2179
Burnice Drive (Lot 31, Glen Ellyn Estates in Sec. 24-29-15) (ANX2003-o7014 .
Charles R. Smalley)
10. Ord No. 7177-03 - Approve land Use Plan Amendment from County Residential
Low (Rl) to City Residential Low (Rl) for property located at 2179 Burnice Drive
(Lot 31, Glen Ellyn Estates in Sec. 24-29-15) (ANX2003-o7014 . Charles R.
Smalley)
11. Ord No. 717S-03 - Approve Zoning Atlas Amendment from the County R-3, Single-
Family Residential District, to the City .lMDR, Low Medium Density Residential
District for 2179 Burnice Drive (Lot 31, Glen Ellyn Estates in Sec. 24-29-15).
(ANX2003-07014. Charles R. Smalley)
12. Ord No. 7179-03 - Approve the Petition for Annexation of property located at 910
Berkley Place (Lot 9, Blk A, Palmetto Terrace in Section 07-29-16) (ANX2003.
07015 . Lawrence A. and Susan Walther)
13. Ord No. 7180-03 - Approve Land Use Plan Amendment from County Residential
Urban (RU) to City Residential Urban (RU) for 910 Berkley Place (Lot 9, Block A
Palmetto Terrace in Sec. 7-29-16) (ANX2003-o7015 . Lawrence A. and Susan
Walther)
14. Ord No. 7181-03 - Approve Zoning Atlas Amendment from the County R-3, Single-
Family Residential District. to the City LMDR, low Medium Density Residential
11-06-03 Commission Agenda
2
District for 910 Berkley Place (Lot 9, Block A Palmetto Terrace in Sec. 7-29-16)
(ANX2003-o7015 - Lawrence A. and Susan Walther)
15. Ord No. 7184-03 - Approve the Petition for Annexation of property located at 1830
Brentwood Drive (Lot 6, Lake Lela Manor, First Addition in Sec. 24-29-15)
(ANX2003-o7016 - Steve G. and Rebecca L. Rainwater)
16. Ord No. 7185'()3 - Approve Land Use Plan Amendment from County Residential
Low (RL) to City Residential Low (RL) for 1830 Brentwood Drive (Lot 6, Lake Lela
Manor, First Addition in Sec. 24-29-15) (ANX2003-07016 - Steve G. and Rebecca
L. Rainwater)
17. Ord No. 7186'()3 - Approve Zoning Atlas Amendment from the County R-3, Single-
Family Residential District, to the City LOR, Low Density Residential District for
1830 Brentwood Drive (Lot 6, Lake Lela Manor, First Addition in Sec. 24-29-15)
(ANX2003-o7016 - Steve G. and Rebecca L. Rainwater)
18. Ord No. 7163'()3 - Amending Chapter 17: Fire Prevention to achieve compliance
with amended Florida Statute 633:0215 and Florida Administrative Code 4A-60:
Florida Fire Prevention Code; delete local amendments superseded by Statute; and
modify penalty for violation of articles.
19. Ord No. 7193-03 - Amending Chapter 5: Fire Alarms, to delete and modify
definitions; to limit the number of courtesy warnings; and to modify the procedures
relating to issuance of citations for false alarms.
20. Ord No. 7217-03 - Relating to the opening and closing hours for Alcoholic
Beverage Establishrnents and to adopt hours established by the Board of County
Commissioners.
CONSENT AGENDA (Items 21-29)
Consent Agenda items require no formal public hearing and are subject to approval by a
single motion. However, any City Commissioner or the City Manager may remove an item
from the Consent Agenda for discussion and individual vote.
21. Approval of Purchases per PurchasinQ Memorandum:
a) Duval Ford, Jacksonville, Florida - Sixteen (16) 2004 Ford Crown Victoria Police
Cruisers for $385,952., funding to be provided under City's Master Lease-Purchase
Agreement. (SWIGS)
b) Solei! Systems, Lutz, Florida - Purchase contract for fixed library shelving
including installation for $163,308.36 (LIB)
c) Wingfoot Commercial Tire, Clearwater, Florida - Service contract for Tire repair
and inspection service during the contract period: 01/01/04 thru 12/31/04 for
$124,000. (SWIGS)
22. Declare surplus to the needs of the City and authorize disposal through Tampa
Machinery Auction, Tampa, Florida, or donation to UPARC, Clearwater, Florida,
various items.of vehicles and equipment.
23. Authorize the additional amount of $50,000. to continue the services of Deborah
Brown, Exq., of the law firm of Thompson, Sizemore & Gonzalez to assist the City
in contract negotiations with the International Association of Fire Fighters (IAFF).
(HR)
24. Approve an agreement with Decade Properties, Inc. dba Clearwater Bay Marina
from 12/01/03 to 11/30/04, a one (1) year contract period, for the collection of daily
t 1-06-03 Commission Agenda
3
launch fees at Seminole Street Launching Ramps for twenty-five percent (25%) of
fees collected. (MR)
25. Approve Landlord Estoppel Certificate, Notice and Subordination Agreement to
facilitate Clearwater Golf Associates, Inc. securing a loan from Premier Community
Bank of Flo:-ida for previously agreed upon improvements to the Clearwater
Executive Golf Course and authorize the appropriate officials to execute same.
(PR)
26. Accept grant funding and approve the corresponding agreement from the Juvenile
Welfare Board totaling $103,545. for funding of three (3) teen programs and
authorize the appropriate officials to execute same. (PR)
27. Authorize settlement of Mehr/Pearn, et al. v. City of Clearwater et aI., U.S. District
Court Case No. 8:02-CV-1313-T-24TBM, a claim alleging constructive discharge,
seeking a name clearing hearing, and alleging public records violations, and
Mehr/Pearn v. City of Clearwater, Circuit Court Case No. 02-6690-CI-7, a claim
alleging public records violations, in the total amount of $15,000. (CA)
28. Appoint Sheila Sullivan to the Beautification Committee (ORLS)
29. Appoint Mattie Whitson to the Community Relations Board (ORLS)
OTHER ITEMS ON CITY MANAGER REPORT
30. Adopt Res. 03-40 - Rescinding Res. 00-21 and authorizing certain City staff to sign
Florida Department of Transportation permit applications.
31. First Reading Ord. 7213'()3 - Approve amendments to Chapter 51, Code of
Ordinances to provide for various minor revisions to the City's floodplain
management regulations as recommended by the Federal Emergency
Management Agency.
32. IAFF Union Negotiations Update.
33. Other Pending Matters
CITY ATTORNEY REPORTS
34. Other City Attorney Items
35. , City Manager Verbal Reports
36. Commission Discussion Items
37. Other Commission Action:
a) City Attorney Salary Adjustment
b) City Manager Salary Adjustment
j
38. Adjournment
11-06-03 Commission Agenda
4
CITY OF CLEARWATER
Interdepartmental Correspondence
TO: Mayor and Commissioners
FROM: Cyndie Goudeau, City CI@
SUBJECT: Follow up from November 3, 2003 Work Session
COPIES: William B. Horne, City Manager
DATE: November 4. 2003
In response to a question raised at the November 3 Work Session, the following answer
is provided in final agenda order:
Item #31 - Ordinance 7213-03 - Approve amendments to Chapter 51, Code of
Ordinances regarding floodplain management regulations - Information was requested
about plastic being allowed as a non-supporting wall in the floodplain.
Information from the FEMA web site indicates their rules specify wood only. However,
if something else is proposed, it must have a certification by a professional engineer that the
design loading resistance is between 10 and 20 pounds per square foot. This is addressed
later in the current code section.
A revised copy of Ordinance 7213-03 is provided. Please note the revision
(highlighted) on page two. A definition needed to be added.
.
~~ater
u~
C it Y Com m is s ion
Agenda Cover Memorandum
Tracklno Number: 257
Actual Date: 11/06/2003
Sublect / Recommendation:
APPROVE the Petition for Annexation, Land Use Plan Amendment from County Industrial Limited
(Il) to City Industrial Limited (IL) and Zoning Atlas Amendment from the County M1, Light
Manufacturing and Industry District, to the City IRT, Industrial, Research and Technology
District for 2160 Range Road (A portion of Lots 15 and 16, Pinellas Groves in Section 12,
Township 29 South and Range 15 East); and PASS Ordinances #7195-03, #7196-03 &
#7197-03 on first reading.
SummarY:
The subject property is located at the northwest corner of the intersection of Range and Belcher
Roads. The applicant Is requesting this annexation to receive City sewer and water service and
to construct a 37,000 square foot building to city standards. The property is contiguous with the
existing City boundaries to the north, south, east and west; therefore, the proposed annexation
Is consistent with Florida Statutes with regard to voluntary annexation. The subject site is
approximately 3. 15-acres In area and is currently vacant. It Is proposed that the property have
a Future land Use Plan designation of Industrial Umlted (Il) and a zoning category of IRT,
Industrial, Research and Technology.
The Planning Department determined that the proposed annexation is consistent with the
following standards specified in the Community Development Code:
-The proposed annexation will not have an adverse impact on public facilities and their level of
service.
-The proposed annexation is consistent with the City's Comprehensive Plan, the Countywide
Plan and the Community Development Code.
-The proposed annexation is contiguous to existing municipal boundaries, represents a logical
extension of the boundaries and does not create an enclave.
This annexation has been reviewed by the Plnellas Planning Council (PPC) and Pinellas County
staffs according to the provisions of Plnellas County Ordinance No. 00-63, Section 7(1-3), and
no objections have been raised.
Please refer to the attached report (ANX2003-08017) for the complete staff analysis.
The Community Development Board will review this proposed annexation at Its regularly
scheduled meeting on October 21, 2003. The Planning Department will report the Board's
recommendation at the Commission meeting.
Originating: Planning
Section Quasi-judicial public h
Category: Annexations, Land Use Plan and Zoning
Number of electronic documents 5
attached:
Public Hearing: Yes
PLO 1- t
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1I~
City Com mission
Agenda Cover Memorandum
Advertised
Dates:
10/12/2003
11/02/2003
Flnanclallnformlltlnn:
Review Aoproval
leslie Douoall-Sides
Garrv Brumback
C:vndlp. Gnlldp.illI
Bill Hnrnp.
10-22-2003
10-23-2003
10-23-2003
10-24-2003
11:42:04 .
15:33:48
15:50:12
17:26:23
.
COB Meeting Date: October 21. 2003
Case Number: ANX2003-08017
Agenda Item: F4
CITY OF CLEARWATER
PlANNING DEPARfMENT
STAFF REPOIU
BACKGROUND INFORMATION:
OWNERlAPPUCANT:
REPRESENTATIVE:
LOCATION:
REQUEST:
SITE INFORMATION
PROPERlY SIZE:
DIMENSION OF SlI'E:
PROPERlY USE:
Current Use:
Proposed Use:
PLAN CATEGORY:
Current Category:
Proposed Category:
ZONING DISTRICf:
Current District:
Proposed District:
EXISTING
J. C. Weaver
Steve Toutant
2160 Range Road, located on the north side of Range Road, at the
northwest comer of the Range Road and Belcher Road intersection.
a. Annexation of 3.15-acres to the City of Clearwater;
b. Land Use Plan amendment from the Industrial Limited (IL)
Category (County) to the Industrial Limited (IL) Category (City of
Clearwater); and
c. Rezoning from the M-l, Light Manufacturing and Industry
District (County) to the IRT, Industrial, Research, Technology
District (City of Clearwater).
137,214 square feet or 3.15 acres
538 feet wide by 250 feet deep m.o.!.
Vacant
Office/warehouse
Industrial Limited (IL)
Industrial Limited (IL)
MI, Light Manufacturing and Industry District (County)
IRT, Industrial, Research and Technology District (City)
Staff Report - Community Development Board -- October 21, 2003 - Case ANX2003-080 17 - Page 1
SURROUNDING USES: North: Light Manufacturing
South: Warehouse
East: Open Space
West: Outdoor Retail Sales and Service
ANALYSIS:
The subject property is located at the northwest comer of the intersection of Range and Belcher
Roads. The applicant is requesting this annexation to receive City sewer and water service and to
construct a 37,000 square foot building to city standards. The property is contiguous with the
existing City boundaries to the north, south, east and west; therefore, the proposed annexation is
consistent with Florida Statutes with regard to voluntary annexation. The subject site is
approximately 3. IS-acres in area and is currently vacant. It is proposed that the property have a
Future Land Use Plan designation of Industrial Limited (IL) and a zoning category of IRT,
Industrial, Research and Technology.
A. IMPAcrON CITY SERVICES: [Section 4-604.FI]
Water and Sewer:
Sewer and water service will be provided by the City of Clearwater and capacity for the project is
available for this utility. The closest sewer and water lines are located in the adjacent Range Road
right-of-way. The applicant is aware of the assessment fee and the impact fee payments required
for sewer and water connection, as well as any additional costs to extend City sewer service to the
property .
Solid Waste:
Collection of solid waste will be provided by the City of Clearwater. The City has an interlocal
agreement with Pinellas County to provide for the disposal of solid waste at the County's Resource
Recovery Plant and capacity is available to serve the property.
Police:
The proposed annexation is located within Patrol District 3 in which there are currently 56 patrol
officers and 7 patrol sergeants and a lieutenant assigned to this District. The District Station is
located at 285 I North McMullen Booth Road. Community policing service will be provided
through the City's zone system and officers in the field. The Police Department will be able to
serve this property and the annexation will not adversely affect police service and response time.
Fire and Emergencv Medical Services:
Fire and emergency medical services will be provided to this property by Station #48 located at
1700 North Belcher Road. The Fire Department will be able to serve this property and the
~nexation will not adversely affect fire and EMS service and response time.
1n summary. the proposed annexation will not have an adverse effect on public facilities and their
level of service.
B. cn~SISTENCY WInlCfIY'S COMPREIlENSIVEPLAN: [Section 4-604.F.l]
Stst)' Report - Community Development Board - October 21, 2003 - Case ANX2003-080 17 - Page 2
The Pinellas County Comprehensive Plan and the Countywide Plan designate the site as Industrial
Limited (IL). It is the purpose of this category to depict those areas of the County that are now
developed, or appropriate to be developed, in a limited industrial manner; and so as to encourage
the reservation and use of consolidated areas for industrial use in a manner and location consistent
with surrounding uses, transportation facilities and natural resource characteristics.
The annexation does not propose to change the Industrial Limited (IL) plan category and the
proposed use is consistent with the uses and density of this plan category. Further, the annexation
promotes the following objectives of the Future Land Use Element of the Clearwater
Comprehensive Plan:
2.4 Objective - Compact urban development within the urban service area shall be promoted
through application of the ClealWater Community Development Code.
In summary, the proposed annexation is consistent with the City's Comprehensive Plan both in the
Future Land Use Map and the goals and policies of the Plan.
C. CONSISTENCY OF DEVEWPMENT wrm COMMUNITY DEVEWPMENT CODE
AND CITY REGULATIONS: [Sections 2-1201.1. & 4-604.F.5.]
As stated earlier, the application for annexation involves a vacant parcel of land. The property is
538 feet in width and 137,214 square feet in lot area. The appropriate zoning district based on the
surrounding area and the Future Land Use is the ffiT, Industrial, Research and Technology District.
Under the current IRT zoning district provisions, a minimum lot width of 200 feet and a minimum
lot area of 20,000 square feet are required. The subject property exceeds the minimum dimensional
requirements of a standard development in the IRT District and is therefore consistent with the
Community Development Code.
D. CONSISTENCY WITII THE COUN1YWIDE PLAN:
There is no change requested in the Comprehensive Plan category of the site, which will remain
Industrial Limited (IL) with a maximum FAR of 0.65.
E. CONSISTENCY WITII PINEILAS COUNIY:
Pursuant to Pinellas County Ordinance No. 00-63, the Pinellas Planning Council and Pinellas
County staffs have reviewed this annexation and detennined it complies with the ordinance criteria.
Florida Statutes require that a proposed annexation be both contiguous with the existing municipal
boundaries and compact in its concentration (Florida Statutes Chapter 171). This site is contiguous
with the existing City boundaries to the north, south, east and west and represents a logical
extension of the existing boundaries. The compactness standard of Florida law requires that the
annexation does not create an enclave or a serpentine pattern of municipal boundaries. The
annexation of this property is consistent with this standard and no new enclave will be created. In
summary, the annexation of this property is consistent with Florida law.
F. CODE ENFORCEMENT ANALYSIS:
Staff Report - Community Development Board - October 21,2003 - Case ANX2003-08017 - Page 3
There are no current code enforcement violations or any code enforcement history on this site.
SUMMARY AND RECOMMENDA nONS:
The proposed annexation can be served by City of Clearwater services, including water, sanitary
sewer, solid waste, police, fire and emergency medical services without any adverse effect on the
service level. The applicant is aware of the required sanitary sewer and water impact and
assessment fee payments and is also aware of the additional cost to connect the property to the City
sewer system.
The proposed annexation and proposed use are consistent with the City's Comprehensive Plan and
the Pinellas Planning Council's Countywide Plan Rules with regard to both the Future Land Use
Map and the goals and policies. The proposed use of this site as an office and warehouse is
consistent with the IRT zoning district. Finally, the proposed annexation is consistent with Pinellas
County law regarding voluntary annexation.
Based on the above analysis, the Planning Department recommends the following actions on the
request:
Recommend APPROVAL of the annexation of the property located at 2160 Range Road.
Recommend APPROVAL of the Industrial Limited (IL) category pursuant to the City's
Comprehensive Plan.
Recommend APPROVAL of the IRT, Industrial, Research and Technology zoning district pursuant
to the City's Community Development Code.
Prepared by Planning Department Staff:
Marc A. Mariano, Planner
Attachments:
Application
Location Map
Aerial Photograph
Proposed Annexation
Future Land Use Map
Zoning Map
Surrounding Uses Map
Site Photographs
S:\PItMniflg D~pat1mDlt\C D BIA MuationslANX - 20031.4 NX200J.080/7 J.C. "'~Q\leT 2/60 Range RellA NX200J.(}80/7 x: W~avu strffrtport.doc
Staff Report - Community Development Board - October 21,2003 - Case ANX2003-08017 - Page 4
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Location Map
Owner: Weaver Enterprises, Inc. Case: A NX2003-0BO 17
Site: 2160 Range Road Property Size (Acres): 3.15
Land Use Zoning
PIN: 12/29/15/70182/100/1500
From: IL M-1 (County)
To: IL IRT A tlas Page: 2716
Aerial Photograph
Owner. Weaver Enterprises, Inc. Case: A NX2003..()80 17
Site: 2160 Range Road Property Size (Acres): 3.15
land Use Zoning
PIN: 12/29/15/70182/100/1500
From: IL M-1 (County)
To: IL IRT A tlas Page: 271B
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Owner: Weaver Enterprises, Inc. Case: ANX2oo3-Q8017
Site: 2160 Range Road Property Size (Acres): 3.15
Land Use Zoning
PIN: 12/29/15/70182/100/1500
From: IL M-1 (County)
To: IL IRT Atlas Page: 271B
Weaver Entelprises, IncANX2003-08017
2160 Range Road
ORDINANCE NO. 7195-03
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AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
ANNEXING CERTAIN REAL PROPERTY LOCATED AT THE
NORTHWEST CORNER OF RANGE ROAD AND BELCHER
ROAD, CONSISTING OF A PORTION OF LOTS 15 AND 16,
PINELLAS GROVES, WHOSE POST OFFICE ADDRESS IS 2160
RANGE 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
(ANX2003-08017)
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
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
Attest:
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Leslie K. Dougall-Sides',
Assistant City Attorney'
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Cynthia E. Goudeau
City Clerk
Ordll1ance No. 7195-03
Legal Description for ANX2003-08017
That part of Lots 15 and 16, lying north of the north right of way of Range Road,
west of the west right of way of Belcher Road and south of the south right of way
of S.C.L Railroad, being in the northeast ~ of Section 12, Township 29 South,
Range 15 East, Pinellas Groves, as recorded in Plat Book 3, Page 15 of the
Public Records of Pinellas County, Florida, being more particularly described as
follows:
From the east ~ corner of Section 12, Township 29 South, Range 15 East, run
thence NOoo13'22"W, along the east section line of said Section 12, also being
the centerline of Belcher Road, 1336.86 feet to a point lying at the intersection of
said Belcher Road and Range Road, thence run N89020'02"W, along the
centerline of Range Road, also being a 40-acre line, 55.00 feet, thence
NOoo13'22W, 40.00 feet to a point lying on the north right of way of Range Road
for the point of beginning; thence N89020'02"W along said north right of way
538.98 feet; thence NOoo05'54"E 187.27 feet; thence S89020'02"E 157.01 feet;
thence NOoo05'54"E 152.50 feet to a point lying on the south right of way of the
S.C.L. Railroad; thence run S72056'03"E along said south right of way 398.00
feet to a point lying on the west right of way of Belcher Road; thence run
SOoo13'22"E along the west right of way, 227.42 feet to a point lying on the north
right of way of Range Road and also being the point of beginning.
Containing 137500.3059 square feet of 3.1566 acres more or less
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Proposed Annexation
! Weaver Enterprises. Inc.
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I 2160 Range Road
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Case:
ANX2003-080 17
Property Size (Acres):
3.15
Land Use
Zoning
PIN:
12/29/15/70182/100/1500
IL
M-l(Counly)
IL
IRT
Alias Page:
271B
Exhibi t "A"
Ordinance No. 7195-03
ORDINANCE NO. 7196-03
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AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE
COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE
LAND USE FOR CERTAIN REAL PROPERTY LOCATED AT THE
NORTHWEST CORNER OF RANGE ROAD AND BELCHER
ROAD, CONSISTING OF A PORTION OF LOTS 15 AND 16,
PINELLAS GROVES, WHOSE POST OFFICE ADDRESS IS 2160
RANGE ROAD, UPON ANNEXATION INTO THE CITY OF
CLEARWATER, AS INDUSTRIAL LIMITED; 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
(ANX2003-08017)
Land Use Cateqorv
Industrial Limited
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. 7195-03, 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 ~ 163.3189, Florida Statutes.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Appr9ved as to for!Jl;"
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Leslie K. Dougall-Sides )
Assistant City Attorney' .
Attest:
Cynthia E. Goudeau
City Clerk
Ordinance No. 7196-03
Legal Description for ANX2003-08017
That part of Lots 15 and 16. lying north of the north right of way of Range Road.
west of the west right of way of Belcher Road and south of the south right of way
of S.C.L Railroad, being in the northeast X of Section 12: Township 29 South.
Range 1.5 East. Pinel/as Groves, as recorded in Plat Book 3, Page 15 of the
Public Records of Pinellas County, Florida, being more particularly described as
follows:
From the east Ys corner of Section 12, Township 29 South, Range 15 East, run
thence NOoo13'22"W, along the east section line of said Section 12, also being
the centerline of Belcher Road, 1336.86 feet to a point lying at the intersection of
said Belcher Road and Range Road, thence run N89020'02"W, along the
centerline of Range Road, also being a 40-acre line, 55.00 feet, thence
NOQo13'22W, 40.00 feet to a point lying on the north right of way of Range Road
for the point of beginning; t:,ence NS9020'02"W along said north right of way
538.98 feet; thence NOoo05'54"E 187.27 feet; thence S89020'02"E 157.01 feet;
thence NOoo05'54"E 152.50 feet to a point lying on the south right of way of the
S.C.L. Railroad; thence run S72056'03"E along said south right of way 398.00
feet to a point lying on the west right of way of Belcher Road; thence run
SOQo13'22"E along the west right of way, 227.42 feet to a point lying on the north
right of way of Range Road and also being the point of beginning.
Containing 137500.3059 square feet of 3.1566 acres more or less
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Future Land Use Map
Owner: Weaver Enterprises. Inc. Case:
Site: 2160 Range Road Property Size (Acres):
Land Use Zoning
PIN:
From: IL M-l (County)
To: IL IRT Atlas Page:
ANX2003-080 17
3.15
12/29/15/70182/100/1500
271B
Ordinance No. 7196-03
ORDINANCE NO. 7197-03
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AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE ZONING ATLAS OF THE CITY BY ZONING
CERTAIN REAL PROPERTY lOCATED AT THE NORTHWEST
CORNER OF RANGE ROAD AND BELCHER ROAD,
CONSISTING OF A PORTION OF LOTS 15 AND 16, PINELLAS
GROVES, WHOSE POST OFFICE ADDRESS IS 2160 RANGE
ROAD, UPON ANNEXATION INTO THE CITY OF CLEARWATER,
AS INDUSTRIAL, RESEARCH, TECHNOLOGY (IRT);
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the assignment of a zoning district classification as set forth in this ordinance
is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive
plan; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following described property located in Pinellas County, Florida, is hereby
zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is
amended, as follows:
Property
Zonina District
See legal description attached hereto
(ANX2003-0B017)
Industrial, Research, Technology (IRT)
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. 7195-03.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
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LeslieK. Dougall-Sides' ')
Assistant City Attorney ,
Attest:
Cynthia E. Goudeau
City Clerk
Ordinance No, 7197-03
Legal Description for ANX2003-080 17
That part of Lots 15 and 16, lying north of the north right of way of Range Road,
west of the west right of way of Belcher Road and south of the south right of way
of S.C.L Railroad, being in the northeast X of Section 12, Township 29 South,
Range 15 East, Pinellas Groves, as recorded in Plat Book 3, Page 15 of the
Public Records of Pinellas County, Florida, being more particularly described as
follows:
From the east X corner of Section 12, Township 29 South, Range 15 East, run
thence NOoo13'22"W, along the east section line of said Section 12, also being
the centerline of Belcher Road, 1336.86 feet to a point lying at the intersection of
said Belcher Road and Range Road, thence run N89020'02"W, along the
centerline of Range Road, also being a 40-acre line, 55.00 feet, thence
NOoo13'22W, 40.00 feet to a point lying on the north right of way of Range Road
for the point of beginning; thence N89020'02"W along said north right of way
538.98 feet; thence NOoo05'54"E 187.27 feet; thence S89020'02"E 157.01 feet;
thence NOoo05'54"E 152.50 feet to a point lying on the south right of way of the
S.C.L. Railroad; thence run S72056'03"E along said south right of way 398.00
feet to a point lying on the west right of way of Belcher Road; thence run.
S00013'22"E along the west right of way, 227.42 feet to a point lying on the north
right of way of Range Road and also being the point of beginning.
. Containing 137500.3059 square feet of 3.1566 acres more or less
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Zoning Map
Weaver Enterprises. Inc.
Case:
ANX2003-08017
2160 Range Road
Properly Size {Acres}:
3.15
Land Use
Zoning
PIN:
12/29/15/70182/100/1500
IL
M-l {County}
IL
IRT
271B
Atlas Page:
Ordinance No. 7197-03
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C it Y Com m is s ion
Agenda Cover Memorandum
Trackina Number: 258
Actual Date: 11/06/2003
Subiect I Recommendation:
APPROVE the Petition for Annexation, Land Use Plan Amendment from County Residential Low
(RL) to City Residential Low (RL) and Zoning Atlas Amendment from the County R-3,
Single-Family Residential District, to the City LMDR, Low Medium Density Residential District for
500 Dora Drive (Lot 92, Roiling Heights In Section 7, Township 29 South and Range 16 East);
and PASS Ordinances #7198-03, #7199-03 & #7200-03 on first reading.
Summary:
The subject property Is located at 500 Dora Drive, on the west side of the street approximately
250 feet south of Sharkey Road. The applicant is requesting this annexation in order to receive
City sewer service. The property Is not contiguous to existing city boundaries, however, it is
located in an enclave surrounded by city property on all sides and is within the borders of the
City's planning area; therefore, the proposed annexation Is consistent with Plnellas County
Ordnance 00-63 with regards to voluntary annexation. The subject site Is approximately
0.24-acres in area and is occupied by an existing single-family detached dwelling. It is proposed
that the property have a Future Land Use Plan designation of Residential Low (RL) and a zoning
category of LMDR, Low Medium Density Residential.
The Planning Department determined that the proposed annexation is consistent with the
follOWing standards specified in the Community Development Code:
- The proposed annexation will not have an adverse impact on public facilities and their level of
service.
- The proposed annexation is consistent with the City's Comprehensive Plan, the Countywide
Plan and the Community Development Code.
- The proposed annexation is not contiguous to existing municipal boundaries, however, it Is
located In an enclave surrounded by city property on all sides and is within the borders of the
City Planning area.
This annexation has been reviewed by the Pinellas Planning Council (PPC) and Pinellas County
staffs according to the provisions of Pinellas County Ordinance No. 00-63, Section 7(1-3), and
no objections have been raised.
Please refer to the attached report (ANX2003-08018) for the complete staff analysis.
The Community Development Board will review this proposed annexation at its regularly
scheduled meeting on October 21, 2003. The Planning Department
will report the Board's recommendation at the Commission meeting.
Originatino: Planning
Section Quasi-judicial public h
Category: Annexations, Land Use Plan and Zoning
Number of electronic documents 5
attached:
Public Hearing: Yes
P JJJ2 (
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C it Y Com m is s ion
Aqenda Cover Memorandum
Advertised
Dates:
10/05/2003
11/02/2003
Financial Information:
Review Approval
Leslie Douaall-Sldes
Garrv Brumback
C:vndlp. C,nlldp.,uJ
Bill Homp.
10-22-2003
10-23-2003
10-23-2003
10-24-2003
11:38:53
15:33:16
15:48:00
17:27:30
.
CDS Meeting Date: October 21. 2003
Case Number: ANX2003-08018
Agenda Item: F5
CfIY OF CLEARW A 'fER
PLANNING DEPARfMENT
STAFF REPORT
BACKGROUND INFORMATION:
OWNERlAPPUCANT:
Hayden and Amy Beatty
LOCATION:
500 Dora Drive, located on the west side of Dora Drive,
approximately 250 feet south of Sharkey Road.
REQUFST:
(a) Annexation ofO.24-acres to the City of Clearwater;
(b) Land Use Plan amendment from the Residential Low (RL)
Category (County) to the Residential Low (RL) Category (City
of Clearwater); and
(c) Rezoning from the R3, Single Family Residential District
(County) to the LMDR, Low Medium Density Residential
District (City of Clearwater).
SITE INFORMATION
PROPERTY SIZE:
10,500 square feet or 0.24 acres
DIMENSION OF SITE:
PROPERTY USE:
Current Use:
Proposed Use:
100 feet wide by 105 feet deep m.o.l.
Single-family residential
Single-family residential
PlAN CATEGORY:
Current Category:
Proposed Category:
Residential Low (RL)
Residential Low (RL) .
ZONING DISTRICf:
Current District:
Proposed District:
R-3, Single-Family Residential District (County)
LMDR, Low Medium Density Residential (City)
EXISTING
Staff Report - Community Development Board - October 21, 2003 - Case ANX2003-080 18 - Page 1
SURROUNDING USES:
North: Single-family residential
South: Single-family residential
East: Single-family residential
West: Single-family residential
ANALYSIS:
The subject property is located at 500 Dora Drive, on the west side of the street approximately
250 feet south of Sharkey Road The applicant is requesting this annexation in order to receive
City sewer service. The property is not contiguous to existing city boundaries, however, it is
located in an enclave surrounded by city property on all sides and is within the borders of the
City's planning area; therefore, the proposed annexation is consistent with Pinellas County
Ordnance 00-63 with regards to voluntary annexation. The subject site is approximately 0.24-
acres in area and is occupied by an existing single-family detached dwelling. It is proposed that
the property have a Future Land Use Plan designation of Residential Low (RL) and a zoning
category of LMDR, Low Medium Density Residential.
A. IMPACf ON CfIY SERVICES: [Section 4-604.Fl]
Water and Sewer:
The applicant receives water service from Pinellas County. Sewer service will be provided by
the City of Clearwater and capacity for the project is available for this utility. The closest sewer
line is located in the Dora Drive right-of-way. The applicant has paid the assessment fee of
$1,000.00, as well as the impact fee of $900.00 and is aware of any additional costs to extend
City sewer service to the property.
Solid Waste:
Collection of solid waste will be provided by the City of Clearwater. The City has an interlocal
agreement with Pinellas County to provide for the disposal of solid waste at the County's
Resource Recovery Plant and capacity is available to serve the property.
Police:
The proposed annexation is located within Patrol District 3 in which there are currently 56 patrol
officers and 7 patrol sergeants and a lieutenant assigned to this District. The District Station is
located at 2851 North McMullen Booth Road. Community policing service will be provided
through the City's zone system and officers in the field. The Police Department will be able to
serve this property and the annexation will not adversely affect police service and response time.
Fire and Emergency Medical Services:
Fire and emergency medical services will be provided to this property by Station #48 located at
1700 North Belcher Road. The Fire Department will be able to serve this property and the
annexation will not adversely affect fire and EMS service and response time.
In summary, the proposed annexation will not have an adverse effect on public facilities and
their level of service.
Staff Report - Community Dcvclopment Board - October 21, 2003 - Case ANX2003-080 18 - Page 2
B. CONSISTENCY WITII CfIY'S COMPREHENSIVE PLAN: [Section 4-604.F.I]
The Pine lIas County Comprehensive Plan and the Countywide Plan designate the site as
Residential Low (RL). It is the purpose of this category to depict those areas of the County that
are now developed, or appropriate to be developed, in a low density residential manner; and to
recognize such areas as primarily well-suited for residential uses that are consistent with the low
density, non-intensive qualities and natural resource characteristics of such areas. Residential
uses are the primary uses in this plan category up to a maximum of five (5.0) dwelling units per
acre. Secondary uses include Residential Equivalent; Institutional; Transportation/Utility; Public
Educational Facility; Ancillary Non-Residential and Recreation/Open Space.
The annexation does not propose to change the Residential Low (RL) plan category and the
proposed use is consistent with the uses and density of this plan category. Further, the
annexation promotes infill development as stated in Objective 2.4 of the Clearwater Future Land
Use Plan element of the City's Comprehensive Plan:
2.4 Objective - Compact urban development within the urban service area shall be promoted
through application of the Clearwater Community Development Code.
In summary, the proposed annexation is consistent with the City's Comprehensive Plan both in
the Future Land Use Map and the goals and policies of the Plan.
C CONSISTENCY OF DEVELOPMENT WfI1I COMMUNITY DEVEWPMENT
CODE AND CITY REGULATIONS: [Sections 2-1201.1. & 4-604.F.5.]
As stated earlier, the application for annexation involves an existing single-family detached
dwelling. The property is 100 feet in width and 10,500 square feet in lot area. The appropriate
zoning district under the Community Development Code is the LMDR, Low Medium Density
Residential District. Under the current LMDR zoning district provisions, a minimum lot width
of 50 feet and a minimum lot area of 5,000 square feet are required. The subject property
exceeds the minimum dimensional requirements of a standard development in the LMDR
District and is therefore consistent with the Community Development Code.
D. CONSISTENCY WITII THE COUN1YWIDE PLAN:
There is no change requested in the Comprehensive Plan category of the site, which will remain
Residential Low (RL) with a maximum density of five (5.0) units per acre for the Residential
Low plan category.
E. CONSISTENCY WD1I PINEILAS COUNlY AND FLORIDA LAW:
Pursuant to Pinellas County Ordinance No. 00-63, the Pinellas Planning Council and Pinellas
County staffs have reviewed this annexation and determined it complies with the ordinance
criteria.
Staff Report - Community Development Board - October 2 I. 2003 - Case ANX2003-080 18 - Page 3
This property is located within the City of Clearwater's Planning Area and is an enclave that is
enclosed and bounded on all sides by the City of Clearwater. It is not contiguous to existing City
boundaries and is not subject to an agreement to annex. This property is eligible for annexation
pursuant to Section 6(1)(b) of Pinellas County Ordinance No. 00-63. This provision pennits
noncontiguous annexation within an enclave provided the property is not subject to an existing
annexation agreement and does not provide the basis for annexing an adjoining property that is
subject to an annexation agreement. The proposed annexation is consistent with Pinellas County
Ordinance No. 00-63.
R CODEENFORCEMENTANALYSffi:
There are no current code enforcement violations or any code enforcement history on this site.
SUMMARY AND RECOMMENDATIONS:
The proposed annexation can be served by City of Clearwater services, including sanitary sewer,
solid waste, police, fire and emergency medical services without any adverse effect on the
service level. The applicant is aware of the assessment fee and impact fee payments required for
sewer connection, as well as any additional costs to extend City sewer service to the property.
The proposed annexation and existing use are consistent with the City's Comprehensive Plan and
the Pinellas Planning Council's Countywide Plan Rules with regard to both the Future Land Use
Map, as well as the goals and policies. The existing and proposed use of this site as a single-
family dwelling is consistent with the LMDR zoning district. Finally, the proposed annexation is
consistent with Pinellas County law regarding voluntary annexation.
Based on the above analysis, the Planning Department recommends the following actions on the
request:
1. Recommend APPROVAL of the annexation of the property located at 500 Dora Drive.
2. Recommend APPROVAL of the Residential Low (RL) category pursuant to the City's
Comprehensive Plan.
3. Recommend APPROVAL of the LMDR, Low Medium Density Residential zoning
district pursuant to the City's Community Development Code.
Prepared by Planning Department Staff:
Marc A. Mariano, Planner
Staff Report - Community Development Board - October 21, 2003 - Case ANX2003-080 18 - Page 4
Attachments:
Application
Location Map
Aerial Photograph
Proposed Annexation
Future Land Use Map
Zoning Map
Surrounding Uses Map
Site Photographs
S:\PIl6U1i11glJqHmrlmtlC D BW III1UGtiOlUI.4 NX - 20031A NX2003-080J8 Hayden de If my Beatty SOO Dom DnA NX2003-080J8 Hayden de
If "'y Bt<<ty SOO Dora IIr 61tff repott.doc
Staff Report - Community Development Board - October 21, 2003 - Case ANX2oo3.080 18 - Page 5
View to the east
View to tho west
ite view from tho cast
Hayden and Amy BeattyANX2003-08018
500 Dora Drive
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Owners: Hayden & Amy Beatty Case: ANX2003-Q8018
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ORDINANCE NO. 7198-03
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AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA.
ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE
WEST SIDE OF DORA DRIVE, APPROXIMATELY 250 FEET'
SOUTH OF SHARKEY ROAD, CONSISTING OF LOT 92
ROLLING HEIGHTS, WHOSE POST OFFICE ADDRESS IS 500
DORA 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 92, Rolling Heights, according to the plat thereof, recorded in Plat Book 43.
Page 1, Public Records of Pinellas County, Florida
(ANX2003-08018)
Section 2. The provisions of this ordinance are found and determined to be consistent
with the City ot Clearwater Comprehensive Plan. The City Commission hereby accepts the
dedication of all easements, parks, rights-ot-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
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
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Assistant City Attorney I
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City Clerk
Ordinance No 7198-03
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ORDINANCE NO. 7199-03
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AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE'
COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE
LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE
WEST SIDE OF DORA DRIVE, APPROXIMATELY 250 FEET
SOUTH OF SHARKEY ROAD, CONSISTING OF LOT 92,
ROLLING HEIGHTS, WHOSE POST OFFICE ADDRESS IS 500
DORA DRIVE, UPON ANNEXATION INTO THE CITY OF
CLEARWATER, AS RESIDENTIAL LOW; 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
Lot 92, Rolling Heights, according to the plat thereof,
recorded in Plat Book 43, Page 1, Public Records of
Pinellas County, Florida (ANX2003-08018)
Land Use CateQorv
Residential Low
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. 7198-03, 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
Brian J. Aungst
Mayor-Commissioner
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Cynthia E. Goudeau
City Clerk
Ordinance No 7199-03
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ORDINANCE NO. 7200-03
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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
DORA DRIVE, APPROXIMATELY 250 FEET SOUTH OF
SHARKEY ROAD, CONSISTING OF LOT 92, ROLLING
HEIGHTS, WHOSE POST OFFICE ADDRESS IS 500 DORA
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 Pinellas County, Florida, is hereby
zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is
amended, as follows:
Property
Lot 92, Rolling Heights, according to the plat
thereof, recorded in Plat Book 43, Page 1, Public
Records of Pinellas County, Florida
(ANX2003-08018)
Zoninq District
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. 7198-03.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
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Assistant City Attorney'
Attest:
Cynthia E. Goudeau
City Clerk
Ordinance No 7200,03
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Hoyden & Amy Beatty
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11nlin,1l1Ce :\0. 7200-03
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City Co m mission
Age n d a Co v e r M ~..~..~~ a..11 ~.~.~
Tracking Number: 234
Actual Date: 11/06/2003
Subiect / Recommendation:
Declare as surplus for the purpose of granting a perpetual Utility Distribution Easement to
Progress Energy Corporation ("Grantee"), being a lO-foot wide Easement Area defined as lying 5
feet each side of Grantee's facilities to be installed at mutually agreed upon locations over,
across and through a portion of the Southwest 1/4 of the Southeast 1/4 of Section 3, Township
29 South, Range 15 East, as more specifically described in said Utility Distribution Easement.
Summarv:
City Fire & Rescue is presently constructing Its new Northwest Fire & Rescue Station Number 51
on Overbrook Drive just west of North Betty Lane. Completion is anticipated in June 2004.
Progress Energy will deliver electrical service for the facility and Its electlcal equipment.
The subject Utility Distribution Easement grants Progress Energy easement and authority 5 feet
each side of all of its distribution lines throughout the project In order to facilitate Installation,
maintenance, and, If necessary, future relocation and replacement of such facilities as may be
mutually agreed upon between the City and Progress Energy.
A copy of the easement documentation Is available for review in the Office of Official Records
and Legislative Services.
Orlalnating: Engineering
Section Consent Agenda
Category: Agreements/Contracts - without cost
Number of electronic documents 1
attached:
Public Hearlna: Yes
Advertised
Dates:
10/26/2003
Financial Information:
Review Approval
Mlrh;tpl ()lIl11pn
09-30-2003
C:vncl Ip. (.\ollclp..w
09-30-2003
Bill Horne
09-30-2003
Uwr;t L1now~ki
09-30-2003
Garrv Brumback
09-30-2003
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CITY OF' CLEARWATER, F'LORIDA
PUBLIC WORKS ADt.4INISTRA TION
ENGINEERING
PROGRESS ENERGY
UTILITY DISTRIBUTION
EASEMENT
FIRE STA. 51
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ORDINANCE NO. 7176-03
AN ORDINANCE OF THE CITY OF CLEARWATER. FLORIDA,
ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE
SOUTH SIDE OF BURN ICE DRIVE, APPROXIMATELY 220 FEET
WEST OF BELCHER ROAD, CONSISTING OF LOT 31, GLEN
ELLYN ESTATES, WHOSE POST OFFICE ADDRESS IS 2179
BURNICE 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 ot 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 he'reby annexed into the City of Clearwater
and the boundary lines of the City are redefined accordingly:
Lot 31, Glen Ellyn Estates, according to the map or plat thereof as recorded in Plat
Book 34, Page 32, Public Records of Pinel/as County, Florida (ANX2003-07014)
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-ot-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 Pinelfas 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
October 16, 2003
. Brian J. Aungst
Mayor-Commissioner
Approved as to form:
Attest:
.- .
..... ..
'.T- / . ./ Y'~ ./ (' ,
'.<.' / ,~\ ( _i. . :' z.... ,-. ,',' '_' I ., . i '..
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Ordil1<tnco No. 7176-03
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122/6
1257 '"
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Proposed Annexation
Owner: Charles R. Smalley Case: ANX2003-07014
Site: 2179 Burnice Drive Property Size (Acres): 0.23
Land Use Zoning
PIN: 24/29/15/31050/000/0310
From: RL R3(County)
To: RL LMDR A tlas Page: 308B
Exhibit A
Ordinance No. 7176-03
ITEM #
ORDINANCE NO. 7177-03
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 BURNICE DRIVE, APPROXIMATELY 220 FEET
WEST OF BELCHER ROAD CONSISTING OF LOT 31, GLEN
ELLYN ESTATES, WHOSE POST OFFICE ADDRESS IS 2179
BURNICE DRIVE, UPON ANNEXATION INTO THE CITY OF
CLEARWATER, AS RESIDENTIAL LOW; 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: I ,
Section 1. The future land use plan element of the comprehensive plan of the City of
Clearwater is amended by designating the land use catetJory for the hereinafter described
property, upon annexation into the City of Clearwater, as follows:
)
Prooertv
Lot 31, Glen Ellyn Estates, according to the map" ..
or plat thereof as recorded in Plat Book 34, Page 32,
Public Records of Pinellas County, Florida
(ANX2003-07014 )
Land Use CateQorv
Residential low
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. 7176-03, 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 ~ 163.3189, Florida Statutes:
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
October 16, 2003
Brian J. Aungst
Mayor-Commissioner
App,roved as to for.m:
,/... ,. ',~. .,' y- .'. /f/";
j !: 1 ~,.~ .~ ~ ..' '. . . ,I' . . l' " _,; I
Leslie K. Dougall-Sides '
Assistant City Attorney
Attest:
Cynthia E. Goudeau
, City Clerk
Ordinance No, 7177-03
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RU
Future Land Use Map
Owner: Charles R. Smalley Case: ANX2003-070 14
Site: 2179 Burnice Drive Property Size (Acres): 0.23
Land Use Zoning
PIN: 24/29/15/31050/000/0310
From: RL R3(County)
To: RL LMDR Atlas Page: 308B
Ordinance NO. 7177-03
ORDINANCE NO. 7178-03
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE ZONING ATLAS OF THE CITY BY ZONING
CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE
OF BURNICE DRIVE, APPROXIMATELY 220 FEET WEST OF
BELCHER ROAD, CONSISTING OF LOT 31, GLEN ELLYN
ESTATES, WHOSE POST OFFICE ADDRESS IS 2179 BURNICE
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 locate~ 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: .
Propertv
lot 31, Glen Ellyn Estates, according to the map
or plat thereof as recorded in Plat Book 34, Page
32, Public Records of Pinel/as County, Florida
(ANX2003-07014)
ZoriinQ District
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. 7176-03.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
October 16. 2003
;'
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
Attest:
....
\. . ; , ,"
. " ,..#,(:,"~ \".j.". ,-,/ ,'. . i
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
)
Ordinance No, 7178-03
1/
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Zoning Map
Owner: Charles R. Smalley Case: ANX2003-070 14
Site: 2179 Burnice Drive Property Size (Acres): 0.23
Land Use Zoning
PIN: 24/29/15/31050/000/0310
From: RL R3(County)
To: RL LMDR Atlas Page: 308B
Ordinance No. 7178-03
ORDINANCE NO. 7179-03
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
ANNEXING CERTAIN REAL PROPERTY LOCATED AT THE
SOUTHWEST CORNER OF BERKLEY PLACE AND PALMETTO
STREET, APPROXIMATELY 600 FEET EAST OF BELCHER
ROAD, CONSISTING OF LOT 9, BLOCK A, PALMETTO
TERRACE, TOGETHER WITH THE ABUTTING RIGHT OF WAY
FOR PALMETTO STREET AND BERKLEY PLACE, WHOSE
POST OFFICE ADDRESS IS 910 BERKLEY PLACE, 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 ClealWater 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 9, Block A, Palmetto Terrace, according to the map or plat thereof as recorded
in Plat Book 39, Page 75, Public Records of Pine lias County, Florida, together with
the abutting right of way for Palmetto Street and Berkley Place
(ANX 2003-07015)
)
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
October 16. 2003
Brian J. Aungst
Mayor-Commissioner
Appr9ved as to form:.--- .' ' .
.... / ( . (/..- O( .
....... . !'.::,., ,
I ...', tf "'.' , . " L..
.../.r . I ~ ('. ....., ...... r ".' ,'( , (. .', i
Leslie K. Dougall':Sides ,
Assistant City Attorney I
)
Attest:
Cynthia E. Goudeau
City Clerk
Ordinance No. 7179-03
/2
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ARLINGTON PL
Proposed Annexation
Owners: Lawrence A. & Susan Walther Case: ANX2003-070 15
Site: 910 Berkley Place Property Size (Acres): 0.17
R.O.W. Size (Acres): 0.24
Land Use Zoning
PIN: 07/29/16/65898/001/0090
From: RU R3(County)
To: RU LMDR Atlas Page: 281A
Exhibit A
Ordinance No. 7179-03
ORDINANCE NO. 7180-03
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 AT THE
SOUTHWEST CORNER OF BERKLEY PLACE AND PALMETTO
STREET, APPROXIMATELY 600 FEET EAST OF BELCHER
ROAD, CONSISTING OF LOT 9, BLOCK A, PALMETTO
TERRACE, TOGETHER WITH THE ABUTTING RIGHT OF WAY
FOR PALMETTO STREET AND BERKLEY PLACE, WHOSE
POST OFFICE ADDRESS IS 910 BERKLEY PLACE, UPON
ANNEXATION INTO THE CITY OF CLEARWATER, AS
RESIDENTIAL URBAN; 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:
'j
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, ~s follows:
Property , land Use Cateoorv
lot 9, Block A, Palmetto Terrace, according to the map. or Residential Urban
plat thereof as recorded in Plat Book 39, Page 75, Public'
Records of Pinellas County, Florida, together with the '
abutting right of way for Palmetto Street and Berkley PI~ce
(ANX2003-07015)
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. 7179-03,' 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 ~ 163.3189, Florida Statutes..
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
October 16. 2003
Brian J. Aungst
Mayor-Commissioner
Attest:
Approved as to form:
\ ! .
~:, .. " \'.
..' , ,. ,.-
I ...;< t". ,
.( I ,. ,f ..:. ~" " ~ \ ,. ...,
Leslie K, Dougall-Sides
Assistant City Attorney
)
/1
( I
.
,. ,"
. l}(
Cynthia E. Goudeau
City Clerk
Ordinance No. 71 aO-03
13
'11
pOI
Future Land Use Map
Owners: Lawrence A. & Susan Walther Case: A NX2003-070 15
Site: 910 Berkley Place Property Size (Acres): 0.17
R.O.W Size (Acres): 0.24
Land Use Zoning
PIN: 07/29/16/65898/001/0090
From: RU R3rCounty)
To: RU LMDR A tlas Page: 281A
Ordinance N o. 7180-03
ORDINANCE NO. 7181-03
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE ZONING ATLAS OF THE CITY BY ZONING
CERTAIN REAL PROPERTY LOCATED AT THE SOUTHWEST
CORNER OF BERKLEY PLACE AND PALMETTO STREET,
APPROXIMATELY 600 FEET EAST OF BELCHER ROAD,
CONSISTING OF LOT 9, BLOCK A, PALMETTO TERRACE,
TOGETHER WITH THE ABUTTING RIGHT OF WAY FOR
PALMETTO STREET AND BERKLEY PLACE, WHOSE POST
OFFICE ADDRESS IS 910 BERKLEY PLACE, 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 ro'cated in Pinel/as 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:
)
Properlv
lot 9, Block A, Palmetto Terrace, according to the'
map or plat thereof as recorded in Plat Book 39,
Page 75, Public Records of Pine lias County,
Florida, together with the abutting right of way for
Palmetto Street and Berkley Place
(ANX2003-07015)
ZoninQ District
~.ow 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. 7179-03.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
October 16,2003
Brian J. Aungst
Mayor-Commissioner
Attest:
Approved as to form:
/ /,.,-1..
\ ,
'/'" ,1 ,/ I "
"( I 'It (. '. '.f-:' . /.
Leslie K, Dougall-Siae);
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No, 7181-03
/1
...
..
~
ij
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ARLINGTON PL
~
Zoning Map
Owners: Lawrence A. & Susan Walther Case: ANX2003-070 15
Site: 910 Berkley Place Property Size (Acres): 0.17
R.O.W. Size (Acres): 0.24
Land Use Zoning
PIN: 07/29/16/65898/001/0090
From: RU R3(County)
To: RU LMDR Atlas Page: 281A
Ordinance No. 7181-03
ORDINANCE NO. 7184-03
AN ORD!NANCE OF THE CITY OF CLEARWATER, FLORIDA,
ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE
NORTH SIDE OF BRENTWOOD DRIVE, APPROXIMATELY 450
FEET EAST OF KEENE ROAD AND 280 FEET NORTH OF
LAKEVIEW ROAD, CONSISTING OF LOT 6, LAKE LELA MANOR
FIRST ADDITION, WHOSE POST OFFICE ADDRESS IS 1830
BRENTWOOD 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 6, Lake lela Manor First Addition, according to the Plat thereof as recorded in
Plat Book 38, Page 7, Public Records of Pinellas County, Florida
(ANX2003-07016) .
)
Section 2. The provisions of this ordinance are'fdund and detennined 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
October 16. 2003
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
Attest:
Cynthia E. Goudeau
City Clerk
Leslie K. Dougall-Side
Assistant City Attorn'e/
Ordinance No, 7184-03
/5
Proposed Annexation
Owners: steve & Rebecca Rainwater Case: ANX2003-070 16
Site: 1830 Brentwood Dr Property Size (Acres): 0.24
Land Use Zoning
PIN: 24/29/15/48006/000/0060
From: RL R3(County)
To: RL LDR Atlas Page: 308A
Exhibit A
Ordinance No. 7184-03
"
I
,.
ORDINANCE NO. 7185-03
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 BRENTWOOD DRIVE, APPROXIMATELY 450
FEET EAST OF KEENE ROAD AND 280 FEET NORTH OF
LAKEVIEW ROAD, CONSISTING OF LOT 6, LAKE LELA MANOR
FIRST ADDITION, WHOSE POST OFFICE ADDRESS IS 1830
BRENlWOOD DRIVE, UPON ANNEXATION INTO THE CITY OF
CLEARWATER, AS RESIDENTIAL LOW; 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 COMNIIS'SION 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:
Prooertv
Lot 6, lake lela Manor First Addition, according to
the Plat thereof as recorded in Plat Book 38, Page 7,
Public Records of Pinellas County, Florida
(ANX2003-07016)
Land Use CateQorv
Residential Low
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. 7184-03, and subject to the approval of the land
use designa'tion by the PineJlas 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 Stat~~es.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
October 16. 2003
Brian J. Aungst
Mayor-Commissioner
AFpr~ved as to for ~-
'-
Attest:
)
,Cynthia E. Goudeau
City Clerk
Orpinance No, 7185-03
/6
A
N
INS 1:100
12.J1
Futrue Land Use.Map
Owners: steve & Rebecca Rainwater Case: ANX2003-070 16
Site: 1830 Brentwood Dr Property Size (Acres): 0.24
Land Use Zoning
PIN: 24/29/15/48006/000/0060
From: RL R3(County)
10: RL LDR Atlas Page: 308A
Ordinance NO. 7185-03
ORDINANCE NO. 7186-03
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 BRENTWOOD DRIVE, APPROXIMATELY 450 FEET EAST
OF KEENE ROAD AND 280 FEET NORTH OF LAKEVIEW ROAD,
CONSISTING OF LOT 6, LAKE LELA MANOR FIRST ADDITION,
WHOSE POST OFFICE ADDRESS IS 1830 BRENTWOOD
DRIVE. UPON ANNEXATION INTO THE CITY OF
CLEARWATER, AS LOW DENSITY RESIDENTIAL (LDR);
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 lo~ated 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: '
)
Prooertv
lot 6, lake Lela Manor First Addition, according
to the Plat thereof as recorded in Plat Book 38,
Page 7, Public Records of Pinellas County, Florida
(ANX2003-07016)
Zonirio District
"low Density Residential (lOR)
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. 7184-03.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
October 16. 2003
Brian J. Aungst
Mayor-Commissioner
Attest:
Cynthia E. Goudeau
City Clerk
Ordinance No. 7186-03
)~
~
/il1il
/jJ\JJ
1:100
1:131
I
.
Zoning Map
Owners:
Steve & Rebecca Rainwater
Case:
ANX2003-070 16
Site:
1830 Brentwood Or
Property Size (Acres):
0.24
Land Use
Zoning
PIN:
24/29/15/48006/000/0060
From:
RL
R3(County)
LOR
Atlas Page:
308A
To:
RL
Ordinance No. 7186-03
ORDINANCE NO. 7163-03
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
RELATING TO CHAPTER 17, FIRE PREVENTION, AMENDING
CHAPTER 17, FIRE PREVENTION AND CREATING ARTICLE
JII, CODE OF ORDINANCES, FIRE AND LIFE SAFETY
INSPECTION FEES; PROVIDING AN EFFECTIVE DATE.
WHEREAS, pursuant to Chapter 76-408, Laws of Florida, Clearwater Fire Rescue is
charged with providing fire protection and rescue services to a certain portion of Pinellas
County, Florida; and
WHEREAS, Chapter 633.025 of the Florida Statutes requires a municipality,
county, or special district with fire safety responsibilities to adopt and enforce minimum
fire safety standards; and
WHEREAS, Chapter 633.081 of the Florida Statutes allows the governing body
of a municipality, county, or special district with fire safety enforcement responsibilities
to provide a schedule of fees to pay the cost of inspections and related administrative
expenses; now, therefore.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. Section 17.01, Code of Ordinance is hereby amended to read as
follows:
ARTICLE I. IN GENERAL
Sec. 17.01. Duties of chief.
(1) Generally. The duties of the chief of the fire department shall be to have
charge and control of the fire department of the city and any other firefighting
assistance whose service may be offered in the extinguishment of fire and protection of
the city from fire or other emeroencies. The chief shall order and superintend the work
of such company and shall from time to time make such recommendations as may be
found necessary and proper for the better and more adequate protection of the city.
(2) Enforcement of state fire marshal's regulations. All rules and regulations
issued by the state fire marshal under authority of F.S. ~ 633.49, 121, shall be
enforceable by the chief. of the fire department,:other fire department personnel
designated bv their respective chiefs: and the chief of the fire department is hereby
authorized to perform within the city fire control district any duties that may be imposed
upon the chief by such law or in accordance with Florida Statute 633 therewith, and to
have such assistance as the chief may find necessary from other officials of the city in
the discharge of such duties.
Ordinance No, 7163-03
f6
Section 2. Section 17.02, Code of Ordinance is hereby amended to read as
follows:
Sec. 17.02. Private use of firefighting equipment.
No engine or other apparatus used for extinguishing fires shall be assigned to
any private use or enterprise, used therein, or carried or placed beyond the proper
place assigned to it unless for repairs, without written consent of the chief of the fire
department and approval of the city manager.
Section 3. Section 17.03, Code of Ordinance is hereby amended to read as
follows:
Sec. 17.03. ResistingJ OF obstructing. impersonatinq firefighters, or Fire Safety
Inspectors.
No person shall resist, impede. obstruct or interfere with the movements or
orders of the chief of the fire department or his assistants or any firefighters or Fire
Safety Inspectors in the execution of their duty. No person shall refuse to obey any
order lawfully given by any officer. fire fiQhter. or Fire Safety Inspector of the fire
department at any fire or emerQency scene or durinQ the commission of duties. meddle
or interfere with any engine, carriage, hook and ladder, truck, hose or fire apparatus
when engaged at or going to any fire. or at an emerQency scene. A person that falsely
assumes or pretends to be a fire fiQhter as defined in 112.81. or a Fire Safety Inspector
will be held in violation of Florida Statute 633.151. Any person may be required to stay
beyond a certain line to be designated by the chief of the fire department or other
officers in command at the fire or emerQency scene.
Section 4. Section 17.04, Code of Ordinance is hereby amended to read as
follows:
Sec. 17.04. No person allowed in immediate vicinity of fire.
No person except a firefighter, police officer, the owner of the property where the
fire is located, the owner of the property immediately contiguous thereto or in danger
therefrom, their agents and servants, newspaper and radio reporters, and
representatives and agents of the fire insurance companies shall be allowed in the
immediate vicinity of any fire that may occur within the limits of the city, without being
ordered or permitted there by an officer of the fire department in command at such fire
or in command of some section or subdivision of the department.
Section 5. Section 17.05, Code of Ordinance is hereby amended to read as
follows:
Sec. 17.05. Penalty for violation of article.
2
Ordinance No 7163-03
Any person who shall violate any of the provisions of this article shall be deemed
to have committed a violation punishable by the code enforcement board as provided in
chapter 2, article III, division 9, or in county court as a class" violation as provided in
section 1 .12(3).
Section 6. Section 17.06, Code of Ordinance is hereby amended to read as
follows:
Sec. 17.06. Fireworks displays and open fires.
(1) Definitions. For the purposes of this section:
(a) Fireworks display mean~ the use of fireworks as defined in F.S. 9 791.01.
The term does not include "class C Approved Sparkler devices" as that term is
defined by the Office of the fire marshal of the State of Florida. An aX3mplo of a
clasG C device iG the device commonly kno...m as 3 "sparkler," but the term is not
limited to sparklers.
(b) Open fire means the combustion of any matter outside of a building, except
fires kindled in a barbecue pit or grill, exterior fireplace, cookout device, or
similar out-ot-doors eating or cooking device, and except the fires kindled for
the instruction of personnel in the methods of fighting fires.
(c) Pyrotechnic material means a chemical mixture used in the entertainment
industry to produce visible or audible effects by combustion, defJagration, or
detonation. Such a chemical mixture predominantly consists of solids capable of
producing a controlled, self-sustaining, and self-contained exothermic chemical
reaction that results in heat, gas, sound, light, or a combination of these effects.
The chemical reaction functions without external oxygen.
(d) Pyrotechnic special effect means a special effect created through the use of
pyrotechnic material.
(2) Permit required per the Florida Fire Prevention Code.
(a) No person shall use. possess. store. manufacture. sell. or discharge
fireworks within the iurisdiction in violation with F.S. 791. a-A permit for fireworks
display or pyrotechnic material in a pyrotechnic special effect display, ef permit a
fireworks display or a pyrotechnic special effect display on his or her property,
without must first be obtainiRg ed a permit for prior to commencinQ such activity
in accordance with the applicable NFPA Standard.
(b) No person shall start or permit an open fire on his or her property, or start an
open fire on the property of others, without first obtaining a permit for such
activity.
3
Ordinance No, 7163-03
(c) The city will issue any permit(s) required by this Code, once all approvals are
aranted and all fees as required by this Code and Appendix A of the
Clearwater Community Development Code are paid.
(d) Work commencina before permit issuance. If any person commences any
work without a proper permit for such work shall be subject to penalty
provided in Appendix A.
(3) Application for permit. A permit required by this section shall be issued by the fire
chief or fire marshal upon the approval of an application for such permit and the
payment of the fee prescribed in this section. The application shall be made upon a
form provided by the fire chief or fire marshaJ, which shall require the name and
address of the applicant, the date and time of the proposed activity, the location of the
proposed activity, the name and address of any contractor engaged by the applicant to
perform the activity, and such other information as the fire chief or fire marshal may
reasonably require. For an application for a permit for a fireworks display or a
pyrotechnic special effect display, the application shall be accompanied by a copy of a
certificate of liability insurance naming the City of Clearwater as an additional insured
unde"r a policy providing not less than $1,000,000.00 individual and aggregate public
liability and property damage insurance coverage for the activity.
(4) Fees. The application shall be accompanied by a payment of a fee as follows:
Fireworks display administrative fee ... $135.00.
Open fire. . . 22.50
(5) The city manager, fire chief, and fire marshal shall each have the authority to take
immediate action to suspend any operation for which a permit is required by this
section, which is being conducted without a permit, or in violation of a term or condition
of a permit. A violation of any of the provisions of this section shall be punishable in
county court as a civil infraction pursuant to section 1.12.
(6) The city manager, fire chief, and fire marshal shall each have the authority to
require that a permitted fireworks display be monitored by emergency personnel to
insure that the conditions of the permit are followed. When monitoring is required, the
applicant shall reimburse the fire department the actual cost incurred.
Section 7. Article II, Section 17.31, Code of Ordinance is hereby amended to
read as follows:
ARTICLE II. FIRE PREVeNTION CODe*
Sec. 17.31. Definitions.
The following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
4
Ordinance No. 7163-03
[Jureau of fira prevfJntfon Division of Fire, Life Safety. and Emerqency
Manaaement means the fire prevention division of the fire department, or any
equivalent thereof.
Corporation counsel means the city attorney.
Municipality means the City of Clearwater, Florida.
Cross reference(s)--Definitions and rules of construction generally, ~ 1.02.
*Cross reference(s)--Compliance with fire code minimum requirement for downtown
property standards, S 55.11. Clearwater Community Development Code.
Section 8. Section 17.32, Code of Ordinance is hereby amended to read as
follows:
Sec. 17.32. Adoption of National Fire Codes.
(1) There is hereby adopted the Florida Fire Prevention Code 1992 in its'
entirety. edition of NFPA 1, Firo Prevention Code, of the National Fire Protection
^ssociation, and its incorporated standards and codes as published in the National Fire
Codes of the National Fire Protection Association and listed in Chapter 43 4A-60.005 of
the NFP^ Florida Fire Prevention Code and being particularly the most recent edition
as listed in Chaptor 43 NFPA 1 of the Fire Prevention Code 9F- and the Life Safety
Code. Chaptor 4/\ 3 of the Florida Administrati'le Code, including Appendix C of NFP/\
30; referred to in this article as the National Fire Codes. Such codes and standards are
hereby incorporated by reference as fully as if set out at length in this section, and the
provisions thereof as they may be amended by ordinance from time to time shall be
controlling' within the fire control district. To the extent that the county construction
licensing board Florida Statute 633 or FAC 4A-60: Florida Fire Prevention Code adopts
any subsequent editions of NFPA 1 Fire Prevention Code and NFPA 101, Life Safety
Code, or any amendments thereto, then the edition so adopted and any amendments
thereto adopted by the board shall be enforced in the city fire control district.
(2) It shall be unlawful for any person to violate the National Fire Codes, to permit or
maintain such a violation, to refuse to obey any provision thereof, and to fail or refuse to
comply with any such provision or regulation except as variation may be allowed by the
action of the fire marshal in writing. Proof of such unlawful act or failure shall be
deemed prima facie evidence that such act is that of the owner or other person in
control of the premises.
(3) The fire prevention division shall be responsible for the enforcement of the National
Fire Codes. The city manager, after considering the recommendation of the fire chief,
shall designate a fire official as fire marshal. The fire marshal shall be the administrator
of the fire prevention division. The fire marshal shall inspect or cause to be inspected
5
Ordinance No. 7163-03
on a periodic basis all buildings or structures, vehicles. vessels. and other similar
conveyances, and shall make such orders as may be deemed necessary for the
enforcement of the National Fire Codes and for safeguarding life and property from fire
or other emerqencies.
The N:Jtion:J1 Fire Codes, as published by the National Fire Protection
Association, 1992 edition, is :Jmonded :JS follov.'s:
Section 1 15. 16 of NFPA 1, concerning the permitting of bonfires and outdOOF
rubbish fires, is :Jmended to include:
(1) Location restrioted. No person shall kindle or maintain any bonfire or
outdoor rubbish firo or authorize :my such fire tHe kindled or maintained
on :Jny privately owned land unless the 100Cltion is not less th:m 50 feet or
some othor distance approved by the fire department from tiny structure,
and adequate provision is made to pre.,ent fire from spreading to ::my
structure.
(2) I\ttendanco of open fires. A bonfire or ootdoor-r-ubblsh fire shall be
constantly attended by a competent person until-the-fire-16 extinguished.
This person shall havo a g:Jr<len hose connected-to-a-water supply, or
other fire extinguishing equipment readily 3vaiJable-for-u8&r
(3) Chiof may prohibit. The chief of the fire department-may-prahibit any
or all bonfires and outdoor rubbish fires when atmoepherlo-oondltions or
local circumstances make such fires hazardou6-of:-ooneUtute a pubIiG
nuisance.
Section 35.1 and 3 5.2 of NFPA 1, concerning the requlred-aooes6-far-fire
app3ratus is amended to read:
All premises that the fire department may be. called UPGA-to-Dr-ateGt-!A-Gase-af
fire shall be provided with suitable Qates, aocess road&;-aAd-ff....aRes-:
Fire lanes shall be at least 20 feet (6.1 meters) in wiGtJ:l-with the road adoe
closest to the buildino at least ten feet (3.05 meter6) from the OOiJQinQ and have
a minimum of 13 feet 6ix inches (4.1 meters) of vertical cleaFance. Any dead
end road more than 600 feot (183 meters) lono shall be provided with a
turnaround 3t the closed end at least 60 feet (18.3 meters) in diameteF:-
The designation, use, and maintenance of firelaneG on pfivate-pfepefty
shall be :Jccomplished as specified by the fire chief or fifEHllarshaJ.-lt-shall
6
Ordinance No. 7163.03
be unklwful for :my person to park motor vehicles on or otherwiso obstruct
any fire lane.
Sect/on 3 5. <1 of NFP/\ 1, concerning fire klnes, is amended to read:
Fire lanes shall be marked with freest::mdina sians or sians mounted on the bee
of the buildina that h:we the words "FIRE LANE NO PARKING. bv city
ordinance" P3inted in contr3stina colors :It :I size :lnd spacino 3pproved b'/ the
authority having iurisdiction.
Seotion <1 2. 1 of NFPA 24, concerning the number :md location of fire hydr3nts,
is omended to r03d:
Hydrants sh:lll be provided in sufficient number :lnd be located in :l m3nner that
~1II enable the needed fire flow to bo deli'Jered throuah hose Iinos to all exterio~
~ides of an'.' important structure. The needed fire flow and the hydrant location
shall be determined bv the fire chief or fire m3rsh:JI but in no C3se Sh311 hose
(sooths be areoter th3n 500 fect for single familv structures 3nd 300 feot for
oommercial structures.
Seot!on 1 7 of NFPIl 1, concerning appeal procedures, is hereby deleted in its
entirety; and Sections 7 1.3.2, 7 1.3.2.1 and 7 1.3.2.2 of NFPA 1, concerning
6pAnkling of existing high rice buildings, are hereby deleted in their entiroty to be
GGn&i&teot with previous actions by the Pinellas County Construction Licensing
8eam.:. '
Section 10. Section 17.33, Code of Ordinance is hereby amended to read as
follows:
Sec. 17.n34. Conflict between National Fire Codes and other ordinances.
In the event of a conflict between the . National Fire Codes and any other
provision of this Code, the strictest standards shall prevail.
Section 11. . Section 17.34, Code of Ordinance is hereby amended to read as
follows:
Sec, 17.L435. Power of administrator to m~dify code provisions.
The administrator of the fire prevention division of the fire department shall have
the power to modify any of the provisions of the National Fire Codes upon application in
writing by the owner or lessee of the property directly affected or his duly authorized
agent when there are practical difficulties in carrying out the strict letter of the code,
provided that the spirit of the code shall be observed, public safety secured, and
substantial justice done. The particulars of such modification w~en granted or allowed
)
7
Ordinance No. 7163-03
and the decision thereon shall be entered upon the records of the department and a
signed copy shall be furnished the applicant.
Section 12. Section 17.35, Code of Ordinance is hereby amended to read as
follows:
Sec. 17.3536. Determination of permitted new materials, processes, and
occupancies.
The city manager, the chief of the fire department and the fire marshal shall act
as a committee to determine and specify, after giving affected persons an opportunity to
be heard, any new materials, processes or occupancies, which shall require permits, in
addition to those now enumerated in the National Fire Codes. The fire marshal shall
post such list in a conspicuous place in his office, and distribute copies thereof to
interested persons.
Section 13. Section 17.36, Code of Ordinance is hereby amended to read as
follows:
Sec. 17.3631. Appeals.
(1) Where any person seeks relief from a decision of a fire official enforcing any
of the provisions of this Code, including permits, certificates, waivers, alternate
materials, alternate methods, approvals, or variances or matters of code interpretations,
that person may request reconsideration of the fire official's decision by appealing in
writing to the fire chief or fire marshal within 15 days of the receipt of the decision
stating the reasons why relief is sought and what other decision the person is seeking.
The fire chief or fire marshal shall, within teA thirty 30 days after receiving a copy of the
appeal in writing, hold a hearing and decide the question after hearing testimony from
all concerned persons. The fire chief or fire marshal shall render a written decision
within five fifteen 15 days after the hearing is completed. Such hearing shall be an
informal administrative hearing.
(2) Any person seeking relief from a decision of the fire chief or fire marshal
regarding provisions of this article may appeal to the building/flood board of adjustment
and appeals within 15 days after receipt of written notice of the decision by the fire chief
or fire marshal. Any appeal to the buildinglflood board of adjustment and appeals shall
be in writing and directed to the fire chief or fire marshal. Copies of the appeal shall be
promptly transmitted to the board by the fire chief or fire marshal. Upon giving not less
than five business days' notice to the persons interested, a hearing shall be held in
accordance with the rules of the board. The board may, after such hearing, by a
majority vote, affirm, annul, or modify the action of the fire chief or fire marshal. The
decision of the board shall be in writing, and a copy shall be mailed to the appellant
within seven business days after the conclusion of the hearing and any decision made
shall be final. Further recourse shall be through established legal procedures.
8
Ordinance No. 7163-03
Section 14. Section 17.37. Code of Ordinance is hereby amended to read as
follows:
Sec. 17.3738. Penalty for violation of article.
Any person who shall:
(1) Violate any of the provisions of this article;
(2) Violate any order made pursuant to this article;
(3) Build in violation of any detailed statement of specifications or plans
submitted and approved pursuant to this article, or any certificate or permit
issued pursuant to this article, and from which no appeal has been taken; or
(4) Fail to comply with such an order as affirmed or modified by the fire chief,
fire marshal, any board of adjustment and appeals having jurisdiction, or a court
of competent jurisdiction, within the time fixed therein;
shall severally for each such violation be guilty of a violation, punishable in the county
court as a class " violation as provided in section 1.12(3) or punishable before the code
enforcement board as provided in chapter 2, article VII, division 1. The imposition of
one penalty for any violation shall not excuse the violation or permit it to continue. All
such persons shall be required to correct or remedy such violations or defects within a
reasonable time.
Section 15. Chapter 17. Code of Ordinances is hereby amended by creating
Article III to read, as follows:
Article III EXISTING FIRE AND LIFE SAFETY INSPECTION FEES
Fire and Life Safety inspection of e.xistinQ structures for compliance to the
"Florida Fire Prevention Codes" will be conducted within the freQuencv cvcle as
determined bv the Fire Chief.
a. No fee will be charoed for the initial fire and life safety inspection for
compliance within the determined freQuencv cvcle.
b. A fee of $50.00 will be charoed for the re-inspection for non-compliance for
structures under 80.000 SQ feet. A fee of $100.00 will be charoed for non-compliance of
structures 80.000 square feet and over.
c. A fee of $100.00 will be charoed for each subsequent re-inspection for non-
compliance thereafter for structures 80,000 square feet and under. A fee of $200.00 will
be charQed for structures 80,000 square feet and over.
9
Ordinance No. 7163-03
d. A fee of $40.00 will be charqed for each fire and life safety inspection for the
purpose of licensure of facilities.
Section 16. Section 17.38, Code of Ordinance is hereby amended to read as
follows:
Section 17.383-9. Special Events and Safety Watch:
A safety watch may be required by the Fire Chief or the Fire Marshal to mitiQate
unusual or siQnificant danqer to life safety and/or property as a result of special effects,
pyrotechnics, flame special effects. fireworks. special events includinQ but not limited to
exhibits, trade shows. amusement parks. haunted houses, fairs, festivals, and other
similar special events. For the purpose of crowd manaQement or non-compliance with
fire codes or other reason(s) as deemed necessary by the Fire Chief or the Fire
Marshal. A safety watch or safety stand-by will require the use of appropriately trained
person(s) and may include fire apparatus or other specialty eQuipment.
A fee of $43.00 per hour. per Fire Rescue personal reQuired to be on site. will be
paid prior to each scheduled event required to have such safety watch. If fire apparatus
is reQuired the fee is $150 per vehicle per hour.
In the case of non-profit. charitable orqanizations a portion or the entire fee may
be waived at the sole discretion of the Fire Chief or Fire Marshal.
Section 17. This ordinance shall take effect November 30, 2003.
PASSED ON FIRST READING
October 16, 2003
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Attest:
Cynthia E. Goudeau
City Clerk
10
Ordinance No. 7163-03
ORDINANCE NO. 7193-03
AN ORDINANCE OF THE CITY OF CLEARWATER. FLORIDA,
RELATING TO FIRE ALARMS; AMENDING SECTION 5.21,
CODE OF ORDINANCES, TO DELETE THE DEFINITION OF
"DATE OF RECEIPT" AND MODIFY THE DEFINITION OF
"FALSE ALARM"; AMENDING SECTION 5.24, CODE OF
ORDINANCES, TO CHANGE THE PENALTIES FOR A FALSE
FIRE ALARM; AMENDING SECTION 5.25, CODE OF
ORDINANCES, TO LIMIT THE NUMBER OF COURTESY
WARNINGS AND MODIFY THE PROCEDURES RELATING TO
THE ISSUANCE OF A CITATION; PROVIDING AN EFFECTIVE
DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. Section 5.21, Code of Ordinances, is amended to read as follows:
Sec. 5.21. Definitions.
The following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
Alarm system means any mechanical, electrical, or radio-controlled device which
is designed to be used for the detection of fire within a building or structure or portion
thereof, and which emits a sound or transmits a signal or message when activated. The
term does not include smoke detectors connected to an alarm system that is a part of a
single-family or two-family structure, and' the term does not include alarm systems
installed in structures used by government agencies for public purposes.
Alarm user means the person in control of the premises wherein an alarm
system is maintained. If a lessee of the premises is responsible for ensuring the proper
maintenance of the alarm system, then the lessee shall be considered the alarm user.
Automatic telephone dialing device Of digital alarm communicator alarm system
means an alarm system which is activated by a signal or message and which
automatically sends a prerecorded voice message or coded signal by microwave,
telephone lines, or other mode of transmittal directly to the county 911 line or directly to
the police or fire department, indicating the existence of an emergency situation that the
alarm system is designed to detect.
Code enforcement officer means the fire chief or other employee of the fire
department designated to enforce the provisions of this article.
)
Orcfinance No. 7Hl3 -03
/9
D:Jto of roceipt me~ms, for a resider:tbl user, tho d~to th~t the return receipt
~ccomp~nying ~ny certified m~i1ing of the notice required to be sent to the :llarm user'c
promisos pursu~nt to section 5.25("1) is signed or tho date th3t ~ny such notice is
delivered to the ~13rm user porson~IIy or to any percon 15 ye~rG of ~ge or older reE:iding
vlith the ~Iarm user 3fter inf-orming the person of the contents of tho notice. For
business ~13rm users, the term means tho date the roturn receipt 3ccompanying ~ny
certified m~i1ing of the notice required to bo sent to tho al3rm user's premices pursuant
to soction 5.25(1) is signed or the date ~my such notico is delivered to :In officer, ~
director, a goneral p3rtner or the proprietor of the businof;s, or to 3ny omployae if an
officer, ~ director, ~ gener~1 p~rtner, or the proprietor if; not preE:ent on tho promisee,
~fter notifying the employee of the contents of the notico.
False alarm means the activation of an alarm system through mechanical failure,
malfunction, improper installation, or the negligent or intentional misuse of the alarm
system by the alarm user or an employee. It may be presumed that the alarm was false
if the enforcement official finds, at the time of the fire response, no evidence of a fire-
related emergency. An alarm shall not be considered false if:
(a) The alarm system was activated under circumstances that would have caused a
careful or prudent person to believe that a fire-related emergency was in progress at
the premises protected by the alarm system; or
(b) The alarm system was activated by conditions clearly beyond the control of the
alarm user, including but not limited to severe weather conditions~ .;-ef
(c) Tho abrm ucor complies with Goction 5.25(4).
Premises means any building or structure or portion thereof protected by an
alarm system. In the case of two or more buildings or structures or portions thereof on
the same property under the same ownership protected by alarm systems that are not
connected to a single control system, each building or structure or portion thereof shall
be deemed to be separate and distinct premises.
Same premises means at the same building or structure or portion thereof
protected by an alarm system, without regard to alterations therein. if the identity of the
alarm user has not materially changed since the last false alarm report. For example,
but without limiting the meaning of this definition, a bona fide sale of the premises or the
business therein to a third party or the replacement of a tenant by a different tenant
shall be deemed a material change of the identity of the alarm user.
Section 2. Section 5.24, Code of Ordinances, is amended to read as follows:
Sec. 5.24. False alarms prohibited; penalty for violation.
(1) False alarms shall be punishable in county court as provided in section
1.12(3). A false alarm shall be subject to the civil penalty as provided for a class 11 ill
violation for the first offense. Subsequent false alarms occurring at the same premises
')
L.
Ordinance No. 7193-03
within the same calendar year shall result in a doublinq of the civil penalty as provided
for a class" violation be subject to the civil pcn~lties ~c provided for c18cc " viol8tionc
for the second f~lce ~I~rm, ~nd cI~ss I viobtions for the third ~nd e~ch cubcequent
f~lse ~I~rm. F~lse ~18rms sh~II also be punishable by tho code enforcement bo~rd ~c
provided in section 2.211 et Gcq.
(2) It shall be a civil infraction for any person to install or continue to use a faulty
alarm system or to negligently maintain an alarm system in such a manner that the
alarm system generates false alarms. The first response to the alarm user's premises
within any calendar year determined to have been false shall result in the city's
issuance of a written courtesy warning to the alarm user. Any additional E~ch false
alarm~ occurring at the same premises after tho date the courtosy w~rning W~G m8ilod
or delivered and within the same calendar year as the date of the first response shall
constitute a separate civil infraction. In bringing a case before the county court, it shall
be immaterial whether false alarms are generated by a fault in an alarm system, by the
negligent maintenance of an alarm system or by some combination thereof.
Section 3. Section 5.25, Code of Ordinances, is amended to read as follows:
Sec. 5.25. Response to false alarms; issuance of courtesy warnings and
citations.
(1) Whenever an alarm system is activated within the city's jurisdiction, thereby
requiring a response to the premises, the code enforcement officer on the scene shall
inspect the premises, investigate the cause for the alarm, and determine whether or not
the response was in fact required. If the code enforcement officer determines the alarm
to be false.. the officer shall prepare a false alarm report~i and a written courtesy
warning shall be issued to the alarm user by regular United States mail or hand
delivery.
(2) The written courtesy warning shall notify the alarm user that any additional
false alarms tho icsuance of one twa courtesy warnings during a calendar year followed
by one or mora fol!:;e alarmc occurring at the same premises within the same calendar
year as the date of the first response and 3fter the date the socond courtesy warning
was mailed or delivered may shall result in a citation being issued to appear in county
court.
(3) If the fire department responds to the activation of an alarm at ffem the same
premises where the alarm user has been or was qoinq to be issued mailed or delivered
~ g courtesy warnings, if the alarm occurs after the date the alarm user was mailed or
delivered the second courtesy warning and within the same calendar year as the date
of the first response, and if after inspecting the premises and investigating the cause for
the alarm, the code enforcement officer determines the alarm was false, then the alarm
user shall be issued a citation to appear in county court l:mless tho alarm user com~
with tho requiremonts of subsection ('1) of this E:ection.
3
Ordinance No. 7\ 93-03
(1) Prior to issuing ~ cit3tion, ~ code enforcement officer sh~II provide notice to
the ~I~rm user th~t tho ~brm user h~c committed ~ civil infr~ction ~nd sh~" provide tho
~brm user 15 d~ys from the d~te of receipt of the notice to precent to the firo
dep~rtment written evidence from ~ licenced ~brm comp~ny th~t the comp::my h~G
inspected the system 3nd th~t ~ny def-octc of design, inst~1/3tion or opor~tion of tho
~I~rm system, which ~ro idcntifi~ble ~s the C3USO of tho blso ~13rm, h~\'o been
corrected. Tho written evidence sh311 include 3n ~dministr~tivo f-oo of $22. 50 to covor
tho city's cost to reviow the inspoction report. If tho ~l~rm user f3i1s to preGent Guch
writton ovidence or bile; to includo the full ~dmini:::tr~tive fce within the 15 d~y poriod GO
provided, the codo enforcemont officer who I r~:::pondod to the f~IGe 3brm sh311 C~UGe to
be issued ~ cit3tion to the ~I~rm user to ~ppe~r in county court.
Wf&) The issuance of E courtesy warnings to the alarm user is not intended to
create any rights in at the alarm user. The city could have issued a citation rather than a
warning after the first 3nd socond responses to the premises where the enforcement
official determined no response was in fact required. The issuance of g courtesy
warnings is merely a courtesy offered by the city to induce the alarm user to take
corrective actions to prevent false alarms.
@)(e1 The code enforcement officer shall have the right to inspect any alarm
system to determine whether the alarm system is being used in conformance with the
terms of this article.
@f7) If code enforcement officers respond to the same premises more than
once during any eight-hour period, only one false alarm will be chargeable against the
alarm user. For example, if a false alarm occurs at the alarm user's premises at 2:00
a.m., the next chargeable false alarm could not occur until 1 0:01 a.m.
Section 4. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
October 16, 2003
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
Attest:
f:? Lt/J\ ./\ {} ~,j~lJJ;
Robert J.t S~rette
Assistant 'City Attorney
Cynthia E. Goudeau
City Clerk
4
Orclinance No. 7193-03
ITEM # o.
,'j
. .
. ,." .','
jQ
ORDINANCE NO. 7217-03
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
RELATING TO THE OPENING AND CLOSING HOURS FOR
ALCOHOLIC BEVERAGE ESTABLISHMENTS; AMENDING SECTION
6,29, CLEARWATER CODE OF ORDINANCES, TO ADOPT THE
OPENING AND CLOSING HOURS ESTABLISHED BY THE BOARD
OF COUNTY COMMISSIONERS OF PINELLAS COUNTY;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Clearwater wants to amend its opening and closing hours for all
alcoholic beverage establishments located within the City of Clearwater to conform with those
established by the Board of County Commissioners of Pinellas County; and
WHEREAS, the City of Clearwater wants to adopt the language currently contained in
Chapter 6, Article 1\, Sections 6-29 and 6-30 of the Pinellas County Code of Ordinances; now
therefore
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Section 6.29, Code of Ordinances, is amended to read as follows:
Sec. 6.29. Closing hours.
The openina and c1osino hours for all alcoholic beveraoe establishments and the hours for
sale of alcoholic beveraqes shall be those established bv Chaoter 6, Article 1\, Sections 6-29 and 6-
30 of the Pine lias County Code of Ordinances, or amendments thereto,
(1) There are hereby established the foUewiAg-ReufS-Gf.-.GlGsiRg-fGF-a1l :JICOMlic beverage
estaelisRmef\t.s.:.
(:I) Alcoholic bever:lge establisnmeRts-shalklGt-sell-ef-atlGw-to--ee-sePJe4-er-GGAwmed on .
tne promises. and no person sh3U--GG~me-GFHno premis8s-Gf :JAY cuch estabHsJ::lmeflt.;--aflY
aleeoolic bever3ge betwoen the hourE: of 2:00 :I.m, 3n~A-afly-Gay....ef-tJ::le week oxcept
Sl:lAGaY:-
(b) Alcoholic bevera9e--establist:lmeflt6-6RalklGt-seIl-Gf-allew to be sePJed..-.er-seAsUffieG-Gfl
tfle--i'H:emises, 3nd no pefSGfl-~U-GGAsume-Gfl-tne-f*effiise&-Gf-afly--suGA-estahlisAmeAt, 3ny
atGOOolic bevora9o between tho hOUl:S-G~~A~fl-afly-Sl:lnGaY:-
(2) AedmeAal-limitat~Gmr.
(3) Alcoholtc beveFa~st-abH6J::lments-HGeAseG-fur-tAe-sale-ef-beeF;-Wifle-GHi€ttlGf-feF
GGflSumpt.ien off the premises onty.-sAalklet-sel~
-1, Boer Gf-WiAe-GetweeR-#le-ReUfS-G~O-miGAf9Rt-aAe-a.:.o~GA
weekd3Y, :lAG-t>etween the-AGt:lfS-G~O-mieAi9nt-Satl:lroay-aAEJ--.BG~l:lfleayTGf
~biEltlGf-eetween the hOl:lf&-ef-~GG-midAi9flt-aM--&G~aGA--weekday,aAEi
eetweeA-tAe-AGtlfS-G~G-mieAi9At-Satur-day-aAG--&G0-cH=l-l7-MeAda~
fe.)--EstaelisAmeA~s-liBensed-tG-sell-alGGfleliG-be-vefages-for-GeASum~tieA-Gfl-tf1e-~f€HfHses
sAall-flGt-sel~iEluGf-eetweeFHAe-hetlf&-Gf-.-1-;-Q~uAeay-an~G-fhffi:-MGAGay-feF-GOASumptjen
eff-the-pFerrnsE*r,-AGwevelT6ysfl-estaelishmeflts-may-seU....l*lGkaged-beeF-Gr-wiA6-at1RAg-&UGR-A0UfS
fGF-GOASl:lm~t ieA-0ff-tAe-pFemise5-:-
Ordinance No. 7217-03
(3) The pl:Jnning :md zGfling board or the city commission, :JS :J condition of :Jppro'/:JI of
condition31 use :Jpplic:Jtion or 3 v:Jri::mce from the sep3r:Jtien requirement€:, respectively, m:JY
impose c3rlier closing hours or bter opeAing hours or both if such condition is deemed by the
b03rd or commission to be reasonal:>>y-feJated to one or more of the criteri3 required to bc met fOF
such condition:J1 use :Jpprov31 or v:Jri3nce. In such C3ses, the viol3tion of the condition ch:JII be
deemed :J violation of this section, :md the cit3tion or notice of viol3tion sh:JII include :I reference to
subsection (3) of this section.
Section 2. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
October 16, 2003
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
Jdiikin
City Attorney
Attest:
Cynthia E. Goudeau
City Clerk
2
Ordinance No, 7217-03
-j 1-1
I~/ / j...--
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Purchasing Memorandum
..-:it~' COffir.1is;3ion
11/06/20C!:
.:',.]-::nc1.:. IJ\Jr.,L~ l: ::: i) S "
;L\
~ Clearwater I
..\gend:\ Item 1\:0: 53
TYJle:
Quantity:
Pun;h:ls~
16
Requesting DeJlt: Solid Waste/Geneml Services
Fsing Bept:
Bid Number or
Code Exception: 2564 (I lId) - Other GO\"(
\"cndorlnfu: Duval Ford, j"cksonvilk Flonda
Description:
2004 Ford Crown \' Ictoria Pollee Cruisers
COIIIIJI cnts:
Piggyback Florida Sh~nffs' Association :lno
03-11-0825
Replacements for G I .10, G 163, G 1.J82, G I b:
G1729. G173S. (it7.J3. Gt7.J5, GI931, GI9
Lease purch:lse fl1l:lncing
App. A/\lount: S 385.95200
App. Code:
315-94234-564 I 00-519-000
AtlJl. Comments: Debt
App. Comments: Debt
2 Aj!enda Item No: 5.1
T~'Jle:
Quantity:
ReCluesting Dept: Library
Using Dept:
Purchase contmct
Hid NUll1ber or
Code ExCel)tion: N/A
\'endorlnfo: Solei! Systems, Lutz. Florida
Description:
Fixed library shelving including inslall:ltion.
Comments:
Installation in the new Librm)'.
Piggyback Florida Slate Contract 420-590-0:
App. Amount: $ 163.308.36
API). Code:
315-93523-564200-571-000
App. Comments: NOIlI
~ Clearwater
~ :2~~%-~a~
Purchasing Memorandum
City Commission
11/0.512003
Agenda Number: 2059
3 Agenda Item No: 5.:2
Type:
Quail lily:
Requesting Dept: Solid Waste/General Services
Service contract
llsing Depl:
Did Numher or
Cude Exception: City of Clearwater RFP 03-0~
\'elldurlnfo:
Wingfoot Commercial Tire. Clearwater. Florida
Description:
Tire repair and inspection service during the
COlllraCI period: Jallllal)' I, ~OO-llhl1l
December 31, ::!OO-l
Comm ell ts:
First of 3 available renewal options of the :20
App. Amount: S 1:25.000.00
.-\pp. Code:
566-06611-550700-519-000
.-\I)P. Comments: Nonl
.
p f-./ 1
;- Clearwater
City Commission
a~
~J ~~8:::'~
._,-,-r~~..-...;:;..
Agenda Cover Memorandum
Trackina Number: 245
Actual Date: 11/06/2003
Subject / Recommendation:
Declare surplus to the needs of the City and authorize disposal through Tampa Machinery
Auction, Tampa, Florida, or donation to UPARC, Clearwater, Florida, the attached list of vehicles
and equipment,
Summary:
All items are surplus to the needs of the City.
Item #46, a 1996 John Deere riding mower, was donated to the City by the Long Center. This
mower is not commercial quality, therefore not suitable for continuous operation.
We have received a request from UPARC for donation of the mower to support their lawn
maintenance program. The current value of the mower is estimated to be $1000 if sold at
auction.
Staff recommends donation of the mower to UPARC.
Originating: Finance
Section Consent Agenda
Category: Other
public Hearing: No
Financial Information:
~ Other
Review Aooroval
Maraie Simmons
10-03-2003
14:07:24
Cii'l rrv Brum hi'lr.k
10-03-2003
09:40:20
Cvndie Goudeau
10-03-2003
15:16:46
Bill Hnrnp.
10-03-2003
12:22: 18
Surplus for November 6,2003
REASON FOR
ITEM G-NUMBER YEAR DESCRIPTION SERIAL NUMBER MILEAGE SURPLUS / DISPOSAL
1 G0133 1992 FORD CROWN VIC Police 2FACP72W9NX 198837 80.203 AGE/CONDITION
2 G0163 1993 FORD CROWN VIC Police 2FACP71W6PX 126529 75.663 BAD TRANS & ENGINE
3 G0309 1988 Taroet Cement Saw 21584 N/A AGE/CONDITION
4 G0314 1984 Stltll Post Hole Dlooer 113410639 N/A AGE/CONDITION
5 G0358 1992 GMC TC7H042 FLATBED DUfo.1P 1GDL 7Hl P8NJ500276 68.664 Aoe. Condo Cost
6 G0371 1989 INTERNATIONAL 12 YD DUr,1p 1 HTGLGBT9KH223036 66.851 Ace, Cond.. Cost
7 G0401 1986 HI VU Arrow Board w/traller 3391 N/A AGE/CONDITION
8 G0530 1989 FORD 15 pass CLUBWAGON 1FBJC31H5KHC31201 61.614 AGE/CONDITION
9 G0568 1989 Homelite 3" Dlaohram Pumo HJ2930068 N/A AGE/CONDITION
10 G0570 1989 GMC 2500 UTILITY/ L1FTGATE 1 GDGC24 K5KE5460 16 78,487 AGE/CONDITION
11 G0615 1987 Rvan Sod Cutter 125236 N/A AGE/CONDITION
12 G0674 1987 Rvan Sod Cutter Trailer lR9ET061XHLOO0896 N/A AGE/CONDITION
13 G0737 1987 Power Guard Generator B871899 N/A AGE/CONDITION
14 G0774 1989 GMC SIERRA 3500/FLATBED lGDJR34K8KF703834 85.364 AGE/CONDITION
15 G0905 1987 FORD F700 CHIPPER BOX DUMP 1 FDWF70HOHVA53377 16,111 Ace, Cond.. Cost
16 G1016 1993 KUBOTA B71 00 Loader/Backhoe 66014 N/A Aoe. Cond" Hours
17 G 1 049 1992 FORD F700 PROPANE TANKER 1 FDXF70J9NVA28092 132.213 Aoe. Cond.. Mileaee
18 G1106 1994 FORD RANGER P/U 1FTCR10U2RTA63737 101,388 AGE/CONDITION
19 G1125 1992 FORD F350 UTILITY / L1FTGATE 1FDJF37H7NNA87899 112.807 AGE/CONDITION
20 G1167 1994 FORD CLUBWAGON VAN 1FMEE11 N8RHB65182 97.893 AGE/CONDITION
21 G 1176 1992 GMC General Truck Tractor 1 GDT9F4COJV603265 Unk. AGE/CONDITION
22 G1177 1988 GMC General Truck Tractor 1 G DT9F4C2JV603266 213,905 AGE/CONDITION
23 G1182 1992 Ford L T 9000 Truck Tractor 1FDYU90L7NVA34951 197,600 AGE/CONDITION
24 G1185 1983 CHEVY CUS DEL 30/ FLATBED lGBHC34T2DV114479 39,870 AG E/CON DITIO N
25 G 1329 1993 RGF Truck Wash Filtration System TGJ 180046 N/A Inoperative
26 G 1408 1994 CHEVY 3500 UTILITY / L1FTGATE 1GBJC34K1 RE309344 104.476 AGE/CONDITION
27 G 1460 1995 F250 UTILITY BODY 1 FTHF25H4SNA96846 88.061 AGE/CONDITION
28 G1491 1995 White/GMC 12 Yd. Dumo 4V2JCBMD1SR836416 73,340 AGE/CONDITION
29 G1496 1995 F350 UTILITY BODY 1 FDKF37HXSNB04226 109.667 AGE/CONDITION
30 G1512 1995 FORD E150 Careo VAN 1FTEE14Y7SHB68056 87.038 AGE/CONDITION
31 G 1535 1995 CHEVY 2500 SUBURBAN 3GNGC26K9SG 106043 95.693 AGE/CONDITION
32 G1579 1996 OLDSMOBILE CIERA 4 Dr. 1G3AJ55M5T6366466 76,655 AGE/CONDITION
33 G1582 1996 OLDSMOBILE CIERA 4 Dr 1 G3AJ55M5T6368315 77.067 AGE/CONDITION
34 G 1584 1996 OLDSMOBILE CIERA 4 Dr. 1 G3AJ55M4 T6368550 78.805 AGE/CONDITION
35 G1593 1996 CHEVY MONTE CARLO 2G1VVX12XOT9270774 79.186 AGE/CONDITION
36 G 1596 1996 FORD MUSTANG 1FALP42X6TF156769 82.424 AGE/CONDITION
37 G1599 1996 PONTIAC FIREBIRD 2G2FV22P4T2221920 78.773 AGE/CONDITION
38 G1643 1996 FORD CROWN VIC Police 2FALP71W5TX160326 88.135 AGE/CONDITION
39 G 1650 1996 FORD CROWN VIC Police 2FALP71WnX160338 91.672 AGE/CONDITION
40 G1680 1997 Ford L T 9000 Truck Tractor 1 FTYU90B1WA27134 101.388 EnQine Problems
41 G 1708 1996 VERMEER 1250 BRUSH CHIPPER 1VRC14137T1005737 N/A Cost. problem unit
42 G1787 1997 GMC T7500 w/ Jaws Loader 1GDM7C1JXVJ519771 68.607 Enoine Problems
43 G 1792 1997 FORD RANGER P/U 1 FTCR10U3VUC97695 88.380 AGE/CONDITION
44 G1840 1997 Stihl # TS-760 Cement Saw 336076472 N/A AGE/CONDITION
45 G1968 1998 Hustler 2500 Rldina Mower 7063092 N/A EnQine Problems
43 G2049 1998 Jacobsen 5 Gana Mower 67820 2045 N/A AGE/CONDITION
44 N/A CT SV5 Radio Service Monitor/Analvzer 89312010 N/A Obsolete
45 N/A CT Svs Radio Service Monitor/Analvzer 89372005 N/A Obsolete
46
N/A
1996 John Deere Riding Mower
MOO 345 041 858
N/A
Too small for regular usage
Item 46 was donated to the City when the City accepted responsibility for lawn maintenance at the Long Center.
This mower Is too small for nonnal operation. The estimated current value Is $1000 if sold at auction. We have
a request from UP ARC for donation of U,is mower to support their loca I operation. Request pennission to donate
Item 46 to UPARC,
HRi
-,' ,- - -.'
.' - '-' '..~ '--
City Commission
Agenda Cover Memorandum
~3
~ Clearwater:
_ _ ":":-...".:'...... ":--_":.'_"'~'.' I
. ..
Trackinq Number: 236
Actual Date: 11/06/2003
Subiect / Recommendation:
Authorize the additional amount of $50,000 to continue the services of Deborah Brown, Esq., of
the law finn of Thompson, Sizemore & Gonzalez to assist the City in contract negotiations with
tile International Association of Fire Fighters (IAFF).
Summary:
The City is involved in contract negotiations with the IAFF and the FOP.
The Human Resources Department requires the continued assistance of Deborah Brown, an
attorney with expertise in the area of contract negotiations and employment issues.
The initial budget for this assistance was $50,000. In June, 2003, the City Commission
authorized an additional $20,000. Since negotiations are ongoing, it has been determined that
an additional amount of $50,000 is needed to facilitate the contract negotiation process.
Oriqinatinq: Human Resources
Section Consent Agenda
Cateqory: Agreements/Contracts - with cost
Public Hearing: No
Finanr.iallnrormation:
I.y~ Operating Expenditure
Bid Required? No
Bid Exceotions:
Impractical to Bid
In Current Year Budget?
No
Budg~t Adjustment:
Yes
Budget Adjustment Comments:
A first quarter budget amendment will provide the funding for the contract with an appropriation
of $50,000 from General Fund retained earnings.
MQrooriations Code
010-09905-930100-513-000
Amount
$50,000.00
Appropriations Comment
~viev.Lillmroval
Tinrl Wilson
10-02-2003
13:23:39.
~ Clearwater
;:. .:Z~:.:::&:;~~
. - ...-......""_/""'--......-......../"..:,.
C it Y Com m is s ion
Agenda Cover Memorandum
Cvndie Goudeau
10-02-2003
Bill Horne
10-02-2003
Pam Akin
10-02-2003
\'i'lrrv Rnl/nhi'lr.k
10-02-2003
08:10:54
18: 18: 10
13:46:23
09:39:01
.>. -.. '....... ..~,'.."" ',. ,""C~'.,~., ".,......,t .~.. ".p,_ "_.. __. ". ...0".......,., ~.,...._.., ,"
; n~ft..... t
='~wa er
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City Co m mission
___ ~_ 9ll. ~!a_~..ll.~e_Uv'l_llll1_o.!.a !1.~_ _u_________ ~_i
I~f /( i
Trackina Number: 227
Actual Date: 11/06/2003
Subiect / Recommendation:
Approve an agreement with Decade Properties, Inc. d/b/a Clearwater Bay Marina from December
1, 2003 to November 30, 2004, a one (1) year period, for the collection of daily launch fees at
Seminole Street Launching Ramps for twenty-five percent (25%) of fees collected and authorize
the appropriate officals to execute same.
Summary:
In that the Clearwater Bay Marina site Is under review for redevelopment, we anticipate them
renegotiating the terms of the agreement for the sale of parking permits that they sell for the
City. We are therefore renewing the agreement on a yearly basis. This is the second one-year
agreement.
In return for collecting the dally launch fees; Clearwater Bay Marina retains twenty-five percent
(25%) of the money collected. The City receives seventy-five percent (75%) of the daily launch
fees and one hundred percent (100%) of all monthly and yearly launch fees sold at City
locations. The Commission approved these percentages as part of the Marine and Aviation
Business Plan.
The estimated annual revenue for these parking passes is $ 106,483 with Decade properties
25% share being $26,620.75 and the City's 75% share being $79,862.75.
The agreement is available In the Official Records and Legislative Services Department for
review.
Originating: Marine and Aviation
Section Consent Agenda
Category: Agreements/Contracts - without cost
Number of electronic documents 2
attached:
Public Hearing: No .
Finanr.iallnfnrmlltinn:
Review ADproval
Cvndle Goudeau
10-23-2003
14:59:27
Bill Horne
10-24-2003
17:28:52
Garrv Brumback
10-20-2003
09: 36: 53
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AGREEMENT
The CITY OF CLEARWATER, a Florida municipality, hereinafter called "City",
and Decade Properties, Inc. d/b/a "Clearwater Bay Marina", whose address is 900 North
Osceola Avenue, Clearwater, Florida, state the following:
1. The City has improved the area known as the Seminole Street Launching Ramps
and, in order to defray the cost of the improvements and provide funds for future
maintenance, will charge a launch fee as described herein.
2. Clearwater Bay Marina owns property adjacent to the Seminole Street
Launching Ramps, whereon it operates a facility known as the "Little Boat
House", which offers bait, tackle, supplies and other services to boaters. The
principal public access to the "Little Boat House" facility is from the Seminole
Street Launching Ramps and Clearwater Bay Marina desires that the public
access be continued.
3, The City is interested in having Clearwater Bay Marina collect daily launch fees
only and Clearwater Bay Marina is agreeable to collecting said fees on behalf of
the City.
4. The City desires that a concession facility offering bait and tackle, boat supplies
and similar items, public restrooms and services be operated on or adjacent to
the said Seminole Street Launching Ramps for the convenience of the public.
NOW, THEREFORE, in consideration of the mutual benefits to be achieved, the
parties agree as follows:
A The term of the agreement shall be for a one year (1) period commencing
on December 1,2003, and ending on November 30,2004.
B. The launch fee shall be that amount established by the city as a charge
for the launching of watercraft, the parking of vehicles and trailers, or both, at the
launch ramp facility. The launch fee may be amended by the City at the City's
option during the term of the agreement.
C. Clearwater Bay Marina shall collect daily launch fees in the manner
specified by the City and shall account for collected fees utilizing forms provided
by the City. Seventy five percent (75%) of all collected fees shall be remitted to
the City on a bi-weekly basis and twenty five percent (25%) of the collected fees
may be retained by Clearwater Bay Marina as a collection fee. The City will
retain 100% of launch fees sold at City locations. All collection records shall be
subject to inspection by the City during the normal business hours of the City in
the offices of Clearwater Bay Marina or the City.
D. Clearwater Bay Marina shall operate the concession facility and collect
launch fees from 6:00 AM to sunset each day during each and every day of the
year except Christmas Day, weather permitting. The City Harbormasters'
Decade Properties, Jnc, d/b/a Clearwater Bay ~larina
approval shall be required at any time the concession is not operated and launch
fees are not collected due to adverse weather conditions.
E. Clearwater Bay Marina shall maintain and operate the concession and
restroom facilities in a neat, clean and orderly condition during the term of this
agreement and to charge no fee for use of the restrooms. The City agrees not to
operate or permit to be operated similar or competitive concession facilities on
the Seminole Street Launching Ramp property during the term of this agreement.
F. Clearwater Bay Marina, in the operation of its facility, shall not be deemed
to be an agent of the City except for the limited purpose of collecting the launch
fees as provided herein.
G. Clearwater Bay Marina shall be responsible for compliance with the
Americans with Disabilities Act (ADA) when selling launch fees by installing a
buzzer, with sign, which will allow a Clearwater Bay Marina employee to assist a
disabled person at the entrance to the "Little Boat House".
H. This agreement may be terminated by either party upon sixty (60) days
notice.
IN WITNESS 'WHEREOF, the parties hereto have set their hands and seal this
of 2003.
Countersigned:
CITY OF CLEARWATER, FLORIDA
By:
William B. Horne II
City Manager
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
Attest:
Bryan D. Ruff
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Decade Properties, Inc.
By:
Jeff Keierleber, President
Decade Propenies, Inc. d/b/a Clearwater Bay Marina
2
Clearwater
City Co m m issio n
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Agenda Cover Memorandum
:35.
Trackinq Number: 256
Actual Date: 11/06/2003
SJJQj~<;lLB.e~9m!1lt;mc:lJ;1tion :
Approve Landlord Estoppel Certificate, Notice and Subordination Agreement to facilitate
ClearvJater Golf Associates, Inc. securing a loan from Premier Community Bank of Florida for
previously agreed upon improvements to tile Clear'water Executive Golf Course and authorize the
appropriate officials to execute same.
Summary..;.
On December 19, 2001, the City of Clearwater and Clearwater Golf Associates, Inc., entered into
a Lease Agreement for the Clearwater Executive Golf Course located at 1875 Airport Drive. The
term of this Lease Agreement is for a period of twenty (20) years, commencing on March 1,
2002 and ending February 28, 2022. Several large capital improvement projects where listed
as a part of Clearwater Golf Associates' responsibility. This also included CGA providing all of
the funding.
Clearwater Golf Associates, Inc., is obtaining financing through Premier Community Bank. The
bank is in need of the City to execute a Landlord Estoppel Certificate and Notice Agreement and
Landlord's Release in order to finalize the loan.
The agreement provides for the City to:
1. Allow the bank a first security lien on personal property outlined in Exhibit "6", which is
owned by CGA. The City will subordinate its first lien under Florida Statutes to the property
listed in the event of a default.
2. Asks that the City make its best effort to inform the bank in the event CGA defaults.
A copy of the Landlord Estoppel Certificate, Notice and Subordination Agreement is available for
review in the Official Records and Legislative Services Department.
OriginatinQ: Parks and Recreation
Section Consent Agenda
Cateqory: Agreements/Contracts - without cost
Number of electronic documents
attached:
Public Hearing: No
o
Financial Information:
Review ARproval
Kevin Dunbi'lr
10-20-2003
13:34:43
Cvndie Goudeau
10-20-2003
08:12:40
Bill Horne
10-20-2003
18:19:10
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~ Clearwater I
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.:;;/'~..........v ;
Laura Lil10wski
(irlrrv BrlJmbilCk
C it Y Com m is s ion
Agenda Cover Memorandum
10-20-2003
10-20-2003
14: 10:44
14:08:35
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a5.
LANDLORD ESTOPPEL CERTIFICATE,
NOTICE AND SUBORDINATION AGREEMENT
CITY OF CLEARWATER, a municipal corporation, (the "Landlord") does
represent, warrant, covenant and agree as follows:
1. Landlord has leased certain property in Pinellas County, Florida (the
"Property") to CLEARWATER GOLF ASSOCIATES, INC.. a Florida corporation (the
"Tenant") pursuant to that certain Lease Agreement by and between Tenant and
Landlord dated December 19, 2001, a copy of which is attached hereto as EXHIBIT
"A" (the "Lease").
2. The Lease is in full force and effect and has not been otherwise modified
or amended and no default exists under the terms and conditions of the Lease.
3. The Lease represents the entire agreement between Tenant and Landlord
and neither Landlord nor Tenant is obligated under any oral agreements pertaining to
the Lease or the Property.
4. The rent due under the Lease has been paid through September 30,
2003, and no other prepayments of rent or security deposits have been made except as
stated in the Lease.
5. The current base quarterly rent due Landlord including taxes or any other
sums due under the Lease is $6,000.00 per quarter. The Lease also provides for rent
based on a percentage of receipts as provided therein.
7. Tenant is not entitled to any rent concessions, reductions, setoffs or
rebates from Landlord except as stated in Section 2 of the Lease.
8. Landlord has no current plans to utilize the Property for other municipal
purposes and terminate the Lease as provided in Section 21 of the Lease.
9. Any obligations of Tenant as set forth in the Lease have been fully
completed and Landlord has accepted Tenant's performance thereunder. Tenant is not
currently in default under any of the terms of the Lease.
10. Landlord acknowledges that the representations made herein are being
given as an inducement to Premier Community Bank of Florida (the "Bank") to make
a loan (the "Loan") to Tenant for improvements to the Property to be secured by a first
lien security interest in all equipment, furniture and leasehold fixtures on the Property
owned by the Tenant (the "Collateral", attached hereto and made a part hereof as
Exhibit "Bn).
11. Landlord shall make a best effort to provide the Bank with written notice of
any default under the terms and conditions of the Lease specifying the nature of the
default; provided however, the City shall not be under any legal obligation to provide
such notice to the Bank.
12. The City hereby subordinates its statutory rights as landlord under the
laws of the State of Florida for any lien, claim or assertion of title to any of the Collateral
to the security interest of the Bank in the Collateral, and recognizes that the Bank's
security interest in the Collateral is superior to any lien or claim of any nature which the
City now has or may hereafter have to such Collateral by statute, agreement or
otherwise.
This Certificate is granted this _ day of October, 2003.
"LANDLORD"
Countersigned:
CITY OF CLEARWATER, FLORIDA
By:
William 8. Horne II
City Manager
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
Attest:
~
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Laura Lipowski
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing instrument was acknowledged before me this _ day of October
, 2003; by , as City Manager and attested by
, as City Clerk for the City of Clearwater, a municipal corporation.
_ Personally known
_ Florida Driver's License
_ Other Identification Produced
Notary Public
Print or type name of Notary
(SEAL)
203956
2
ATTACHMENT(S): EXHIBIT "A" - LEASE AGREEMENT
EXHIBIT "B" - COLLATERAL DESCRIPTION
203956
3
)
I
. LEASE AGREEMENT
t
THIS LEASE, made and entered into this ~ay of h~ ,2001, by and
between the CITY OF CLEARWATER, Florida, a municipal corporation, hereinafter called the
"City", and Clearwater Golf Associates, Inc., 401 Druid Rd. W., Clearwater, Florida 33756,
hereinafter called the "Club".
WHEREAS, it is the intent of the City and the Club to enter into a lease agreement for the
premises described herein:
NOW THEREFORE, in consideration of the foregoing and the mutual covenants
contained hereinafter, IT IS AGREED AS FOLLOWS:
02-025435 ~AN-17-2002 4:3'
PINELLAS CO 8K 11793 PG I
GRANT OF LEASE & TERM 1~lmllllnlllnlllllmllmlmlllnUlnm
1. That for and in consideration of the covenants herein, the City does hereby lease to
the Club, that certain real property located in the City of Clearwater, Florida, more particularly
described in Exhibit "An attached hereto and incorporated hereby by reference. The term of this
lease shall be for a period of twenty (20) years, commencing March 1, 2002, and ending
February 28, 2022, unless sooner terminated by the provisions hereof.
RENTAL
2. The Club shall pay to the City as base rental for the premises $48,000 annually, ~Ius
applicable sales tax.
The said rental payments shall be paid in advance to the City quarterly, beginning
March 1, 2002.
In addition, the Club shall pay to the City three percent (3%) of gross revenues in
excess of $1.1 million annually. Payment is due at the submission of the annual report.
As consideration of the Club's capital improvements described in Section 5 of this
Agreement, the City agrees to relieve fifty percent (50%) of the base rental only for the first seven
years of the Agreement. Beginning with the eighth year of this Agreement through tennination,
full base rent plus any additional rent will be due.
LEASE NOT ASSIGNABLE WITHOUT CONSENT
3. It is expressly agreed between the parties that this lease shall not be assignable to any
other person, firm or corporation without the express written consent of the City, which consent
may be granted or denied in the sole discretion of the City.
USE AS PUBLIC GOLF COURSE
4. It is understood between the parties that the real property which is the subject of this
"'fise will. nqtbe used in a~y manner other than as ~~lif 90lf f~TEl ~n1~olf ~aching facility.
URN TO. .I l! EXHIBIT ~ ~ I !, I I I Q ~,
CITY OlERK .. ~ I I I I; 1.\'Pj I ; ~
'A ,,~I I, I I I ,\S; :~ 1
POST OFFICE 80" 4'''' f C:~ t-- <..' p'l ~':: r.: ,'. :.\. ;.... .. !, I ..: ....
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IMPROVEMENTS
PINELLAS COUNTY rLA,
OrF,REC.8K 11793 PG 760
-- ---------.--- ---- -------"
5. As a condition to this lease, the Club shall construct the following upgrades to the
course and support facilities during the term of this lease in accordance to the schedule a~
noted:
a) During the first year of this Agreement, the Club, at it's sole expense, will pave anc
stripe the existing parking and cart paths relating to the course. The paving may be eithel
asphalt or concrete at the discretion of the Club. All work shall conform with all City codes.
including landscaping. Approximate value $325,000.
b) During the first year of this Agreement, the Club shall renovate all greens.
Approximate value of $75,000.
c) During the third year of this Agreement, the Club shall renovate and expand the
existing clubhouse with meeting space available for the City and neighborhood meetings at no
cost to the City for normal operating hours. Approximate value of $350,000.
d) During the fourth year of this Agreement, the Club shall modernize the existing driving
range, remove the maintenance shed and install a new maintenance shed. Approximate value
of $300,000.
The City must approve the design, site plan and construction of all facilities. Failure by
Club to complete all improvements as described above shall be cause for termination of this
lease.
PROGRAMMING
6. As a condition to this lease, the Club must establish and construct the "John Huston"
Golf School and Learning Center at the Golf Course during the first three (3) years of this
Agreement. Elements of the school shall include, but are not limited to: a Junior Golf Academy,
interactive tournaments and parent and child competitions. The City agrees through the Parks &
Recreation Department to assist in marketing of the school.
CLUB COVENANTS
KEEP AND MAINTAIN A GOLF COURSE
7. The Club covenants that it will keep and maintain upon the real property an 18 hole
pUblic golf course, together with incidental improvements and will use, occupy and make
available, as herein contemplated, such premises as a golf course and related facilities for
pleasure, recreation and other purposes consistent with such golf course operation. During the
term of the within lease and any extensions thereof, such golf course shall be operated and the
facilities shall be open for usage during the normal hours of operation and fees of the same or
similar facilities in the area; provided, however, that at reasonable times portions of such course
may be closed for necessary repair and/or reconstruction and/or maintenance. The Club will
2
I 1
provide to current emp,loyees of the City of Clearwater use of the course during normal operating
hours for a fee of seventy-five percent (75%) of the prevailing rate for that start time.
USE AND CARE OF PREMISES
PINELLAS COUNTY FLA
OFf,REC.8K 11798 PG 7
.,
8. The Club covenants and agrees that it will, at all times, keep, maintain and operate
such course and the facilities thereon, or in any way connected therewith, in a good and prudent
manner to the end that such course shall be kept in good, playable condition. The Club agrees to
keep and maintain, in good repair, all permanent improvements, such as buildings, and water
systems, including the making of necessary replacements and/or repairs even though the making
of such repairs and improvements shall extend the life of such facility or facilities beyond the
expressed date of this lease. The Club agrees to solely use the City's strategic business partner
for the distribution and resale of all beverages as outlined in the City's current Agreement wit~
said partner.
NO PERMANENT COURSE LAYOUT CHANGES
WITHOUT WRITTEN CONSENT OF CITY
9. The Club covenants and agrees, no permanent change in the layout of the courSE
shall be made except with the express written consent of the City. All the aforementioned dutie~
of construction, repair, alteration or maintenance imposed by the within lease are and shall bE
separate expenses of the Club and shall never directly or indirectly be chargeable to the City no
in any way be a mechanic's or material-men's lien or charge upon any lands.
LEASE TO BE RECORDED TO PROTECT
CITY AGAINST MECHANICS LIENS
10. This instrument may be recorded in the public records of Pinellas County, Florida b~
City and all persons, firms or corporations whomsoever are called upon to take due notice 0
these limitations and the superior rights of the City herein.
NO PERMANENT STRUCTURES TO BE REMOVED
11. No permanent structure, once constructed. shall be removed from the premises 0
materially altered except with written consent of the City and all persons, firms or corporation:
are expressly called upon to take due notice of the requirements of this lease.
CITY RESERVED RIGHT
TO UTILITY LINES, ROADS, ETC.
12. The City reserves at all times during the term of this Lease or any extension c
renewal thereof the continuing right to utilize any portion of the leased premises for laying an,
maintaining utility lines or facilities, including roads, or other necessary rights of way, providec
nevertheless, the City shall use its best efforts to adopt such route or routes as will b
reasonable and economically feasible to minimize interference with the purposes of this Lease.
I
I PINELLAS COUNTY FLA
OFF,REC.8K 11793 PG 76
BANKRUPTCY OR DEFAUL T,-------._...._____.
CITY HAS OPTION TO TERMINATE
13. Should the Club hereinafter be adjudged bankrupt or become insolvent or in any othel
way be financially unable to keep the covenants of this Lease, the City may at its option
terminate the lease, as though for breach of any other covenant.
CLUB WILL PERFORM ITS OBLIGATIONS
14. The Club, in the performance of the covenants contained in this lease, shall at al
times do or perform such acts or actions as shall be reasonably required by the context of thi!
lease to fully perform its obligations hereunder, and shall, conversely, refrain from doing 0
permitting to be done any acts or actions which would jeopardize either its performance or abilit:
to perform the covenants contained herein or the payment of rentals contemplated by the parties
INSURANCE, INDEMNIFICATION AND HOLD HARMLESS
15. The Club agrees to indemnify and hold the City and its employees harmless from anI
against any and all claims, demands, and causes of action or lawsuits of whatever kind c
character arising directly or indirectly from this agreement or the performance hereof. Thi
indemnity clause includes, but is not limited to, claims, demands. causes of action or lawsuits fc
damages or injuries to goods. wares. merchandise and property and for any bodily or persom
injury or loss of life in, upon or about the property.
The Club shall obtain at its own expense, and maintain during the term of this agreemen
the insurance coverages set forth below:
(a) Property Insurance - Real property including improvements or additions shall b
insured.
(1) Bmn - All Risk Coverage - Coverage shall be no more restrictive than thi
afforded by the latest edition of Insurance Services Office forms CF0011, CF0013, CF0420. ar
CF1210. If available, at a reasonable cost, sinkhole insurance is to be included. If the provisior
of the Club's All Risk Coverage do not include sinkholes and the unavailability of such covera~
is verified by the City's insurance consultants, the Club shall be deemed to be in compliance wi'
this paragraph.
(2) Amount of Insurance - The amount of coverage shall be the full insurab
value on a replacement cost basis.
(3) Flood Insurance - When building or structures are located within an identifif
special flood hazard area. flood insurance shall be provided for the total insurable value of SUi
buildings or structures or the maximum of flood insurance coverage available under the Natior
Flood Insurance Program, whichever is less.
I I
(b) Boiler ~nd Machinery Insurance - If the buildings or structures include boiler(s)
pressure vessel(s), or air conditioning/heating equipment, the Club shall maintain comprehensivE
insurance covering loss on the property including liability for damage to property of others.
(1) Repair and Replacement.
PINELLAS COUNTY FLA,
OFF.REC.8K 11793 PG 763
---------.-- ------.----
(2) Amount of Insurance - $1,000,000.00 per accident.
(c) Comprehensive General Liability - Coverage shall be afforded on a form no morl
restrictive than the latest edition of the Comprehensive General Liability policy filed by thl
Insurance Services Office and shall include:
(1) Minimum limits of $1,000,000.00 per occurrence combined single limits fc
bodily injury liability, personal injury, and property damage liability.
(2) Premise and Operation.
(3) Independent Contractors.
. (4) Products or Completed Operations.
(5) . Personal Injury Coverage with employees and contractual exclusion
removed.
(6) Liquor Law Liability, if applicable.
(7) Golf carts or other golfing appurtenances, not owned by the Club but brougl
onto the property by others.
(d) Business Auto Policy - Coverage shall be afforded on a form no more restricti"
than the latest edition of the Business Auto Policy filed by the Insurance Services Office ar
shall include:
(1) Minimum limits of $1,000,000.00 per occurrence, combined single limits f.
bodily injury liability and property damage liability.
(2) Coverage on all vehicles (owned, hired, and non-owned).
(e) Workers Compensation - Coverage shall apply for all employees for statuto
limits in compliance with the applicable State and Federal laws. In addition, the policy shi
include employer's liability with a limit of $500,000.00 for each accident. If the State of Flori(
approves the self-insured status of the Club, the City agrees to recognize and accept such statl
upon proof of such approval.
(f) Other Requirements:
" P INELLAS COUNTY FLA.
OFF,REC.8K 11793 PG 764
----.-.-~ -----._-- - ~ - --. ---.- - -- --.,.- - - ---.---.-
(1) T~e City shall be named as an additional insured on all insurance policie~
required under this agreement.
I
(2) Copies of insurance certificates for all insurance required by the agreemenl
and copies of all insurance policies covering insurance required by this agreement, shall bl
furnished to the City Clerk of the City prior to the use of the property.
(3) Not less than sixty (60) days notice of cancellation or restricted modification
of any insurance policy providing the coverage required by this agreement shall be required 0
all insurance policies.
COMPLIANCE WITH EXISTING LAWS AND REGULATIONS
16. The Club agrees that in its use and occupancy of the leased property it will campi
with all applicable laws, rules, regulations and ordinances of every governmental body or agenc
whose authority extends. to the leased property or to any operations conducted upon the lease
property, whether or not such laws, rules, regulations or ordinances are mentioned herein.
CLUB TO SUPPLY AUDIT BY C.P.A.
17. The Club agrees for determination of the cash rental to be paid hereunder that it she
at least annually, in each year of the term of this lease, at its own cost, furnish to the City
complete audit of its operations, prepared by a Certified Public Accountant, together with sue
interim accounts as may from time to time be requested. Such annual statement shall t
furnished within thirty (30) days of the anniversary date of this lease. The Club shall furth.
submit an annual report of course operation, including, but not limited to, rounds played, rounc
played by Clearwater residents, status of co-sponsored programs, budget including expense
revenue and capital expenditures.
RIGHT OF ENTRY BY CITY
18. Employees of the City shall be afforded the right at all reasonable times to enter upc
the leased property for the purpose of inspecting the leased property and the Club's oth
facilities.
OBLIGATION TO PAY TAXES
19. The Club agrees to pay, any federal, state or local taxes which may be levied on tI
property or any improvements or uses placed thereon, but it is agreed that the uses herein ser
a public and municipal purpose, and the partners do not waive any exemptions permitted by lav
WRITTEN CONSENT OF CITY NECESSARY FOR ANY CHANGES
20. The Club must obtain City approval to remove, demolish, remodel, or replace a.
building or buildings on the leased land, or erect new structures thereon.
I
lpINELLAS COUNTY FLA.
TERMINATION OFF . REC .8K 1 1793 ~~_.___~_~___
----------------
---------
21. City may terminate this lease with thirty (30) days written notice to the Club if Clut
violates any provision of this lease or fails to cure any al/eged default. City may also terminatE
this lease for any municipal purpose (other than a golf course) consistent with City Charter b~
giving 6 months written notice to Club. In the event the City terminates this lease for a municipa
purpose then:
a) City will reimburse the Club on a pro-rata basis for such authorized improvements
The percentage of reimbursement begins with one hundred percent (100%) on the date 0
commencement and declines on a pro-rata basis during each agreement year. The percentag<<
listed below is the amount due to the Club for structural improvements authorized and approve(
by the City and is limited to the amounts stated in this Lease Agreement unless otherwise
modified with the consent of both parties.
b) The Club must submit paid written reports of all improvements within thirty (30) days c
completion of said improvements. City shall have the right to inspect all improvements.
Years
0-4
4-5
5-6
6-7
7-8
Reimbursement of Club Improvements
100% of Club Improvements
80% of Club Improvements
60% of Club Improvements
40% of Club Improvements
20% of Club Improvements
c) Any claim for reimbursement must be approved by the City Commission. Upo
reimbursement, Lessee shall release all claims against Lessor arising out of this Agre~ment, an
Lessee shall have no further claim on said Premises.
HOLDOVER AFTER TERMINATION
ON MONTH TO MONTH BASIS
22. If the Club, with the consent of the City, continues in possession of the leased proper
after expiration of the term of this lease, then the Club will be deemed to be holding the lease
property on a month to month tenancy subject to all of the other provisions of this lease, but sue
tenancy by sufferance of the Club shall not be construed as a waiver of any right hereundl
conferred upon the City.
FAILURE TO ACT BY CITY NOT A WAIVER
23. Failure of the City to Insist upon performance of any covenant hereunder shall not t
deemed to be a waiver of the right to Insist upon full performance at any subsequent time.
I PINELLAS COUNTY FLA.
_.l OFF ~REC ,8K 11793 PG 766
. AMENDMENTS MUST BE IN WRITING ---.---------..-----
24. Any additions or modifications to this lease shall be in writing and shall be executed b~
both parties, and no oral agreement shall be effective to change or modify the terms of this
lease.
IN WITNESS WHEREOF, the parties have executed and delivered this Agreement the
day and year first above written.
Signed:
By:
By:
CITY OF CLEARWATER, FLORIDA
coun~ed:
---~ ~~
Brian J. Aungep'
Mayor-Commissioner
Joh arassas
Assistant City Attorney
B
t .
I
I.
PINELLAS COUNTY rLA
Orr.REC.8K 11793 PG 767
---.-.
..--..- -- ----
Exhibit "A"
Commence at the center of Section 12, Township 29 South, Range 15 East: thence
N89019'10"W, 50.00 feet to a point on the West right of way line of Hercules Avenue;
thence SOoo16'59''W, along said West right of way line 1,489.39 feet to the North right
of way of Gilbert Street, thence N89020'18"W along said North right of way line 375
feet; thence NOooI6'59"E, 160.46 feet; thence N89020'1 8"W, 200.84 feet to the Point of
Beginning; thence N25013'17"W, along a line 135 feet West orand parallel to the
centerline of the Clearwater Airpark 3,425.58 feet; thence N89021 '07"W, 602.36 feet;
thence SOoo1 3'07"W, 2,159.40 feet; thence East, 547.38 feet; thence SOoo23'02"E,
928.95 feet; thence 889020'18", 1,527.86 feet to the point of beginning.
Less all existing right of way for Keene Road, less property described in a.R. 11494,
page 830-845, and less 60 feet for Airport Drive along the South boundary ofthis
described tract.
OCT-17-2003 08:29
FISHER & SAULS P.R.
727 822 1533
P.14/20
c:ecuwater E;.;ecutive GC
Inventcry Juiy 1,2003 ,.
Os~
a9 IzIJzu pup
91 Chevy 112 Ton PIckup
85 F350 Oump TrueX
Tcw !500D FaiIWIY Mower
RBn$Omea 2!50 Ruff MaNerI FairW8'f MCMer
JaC:)OSOn F 1 0
FonI<IOOO Trac=r
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Kubuta 87100 TrlctQ(
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2 Jacobsan W8Ik Behind Mowers
c~ ......, A8rifter
RyaIt Sod CUtter
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BilIt Goat V8ccum
CustwNrI Trap Mllchine
TotO 3100~
Turf CO Top Oresur
Hahn Multi pltJ .411 Spmy.Rig
'CUIIftmIn Spray Rig
Tom 3250 GfaUnds ......
\J1con 500lb SpNder
3 Leeco 80Lb ~
Tora 51QQO FakwIIy MaMtr
TCM !ei1irid 8IcMIr
3 Club C. Carry Al2 Wark Carts
1 Cull c.r C.rry NA 2 BeY. c.ta
2~Work~C-
2 Taro 1000 WIIk GI-.s Mower
1 Toro P\l1h Maw8t
t Sc:ans Push Mower
3 Eeho W...~
1 SIiI ShocIc Edger
1 SIll 017 14. ChIinsaW
1 SH Q29 20" CMillftaWllr
, e.GeII pre..ure washer
1 Bed knife Grinder
'~Grind"
1 All Comprwuor
, 1 Ucait w.lder
2 NRIty a.cIc lap Mad'Iin..
~ Ned Max Weed bCIlIlr
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.
Page 10t 2
. "': j..: ".', 'F~~' .
! EXHIBIT
ID
OCT-17-2003 08:29
Description
True Beer Cooler
True Keg Cooter
Table-chalrs (Bar)
Table-chairS (Rest.)
Dell Computer
Compeq Computer
Toro Vacuum
Ransom Rough Mower
6A300 Aelfler
5300A Toro Fairway Mower
5300A T oro Fairway Mower
True Freezer
True Freezer-Stand up
Grill Flat Top
20M72
FISHER & SAULS P.A.
727 822 1533
Clearwater Executive GC
Inventory 9/15/03
Page 2 of 2
P.15/20
Clearwater
City Co m m issio n
Agenda Cover Memorandum
J(P
:::;::::;;~~~;~~?8 '
Tracklnq Number: 246
Actual Date: 11/06/2003
Subject / Recommendation:
Accept grant funding and approve the corresponding agreement from the Juvenile Welfare Board
totaling $103,545 for funding of three teen programs and authorize the appropriate officials to
execute same.
Summary:
The City of Clearwater Parks and Recreation Department has been awarded funding for a grant
totaling $103,545 for FY 03-04 from the Juvenile Welfare Board. Commission approval is
required for each subsequent year of the grant.
Clearwater Parks and Recreation Charting a Course for Youth program was developed in 2000 to
nurture teenagers at the Clearwater neighborhoods in which teens need the most direction. The
program leaders have developed a safe haven for community teens and pre-teens ages 12-18; a
space that they can call their own at Ross Norton Recreation Complex, North Greenwood
Recreation and Aquatic Complex, and Joe DiMaggio Sports Complex.
To maintain interest and to keep children active in the program, the actual program format,
program specifics, and times are developed by the teen groups. Program activities include
community service; volunteer activities; sports and games; cultural, performing, and visual arts;
field trips; and educational programs such as prevention of HIVjAIDS, teen pregnancy, and drug
abuse. Each facility has a room that has been completely dedicated to teens and teen
programming equipped with lounge furniture, computers, and video games. An estimated 900
teens participate in the various programs each year.
Similar to FY 02-03 tile grant will cover 100% of the program that is currently hosted at the
Ross Norton and Joe Ditvlaggio Complexes including one full-time Recreation Leader at each
facility. The full-time Recreation Leader positions were funded in FY 00/01 and will continue to
be funded by this grant. The North Greenwood Recreation and Aquatic Complex site was added
in July of 2003. Clearwater's in-kind contribution includes overall program supervision and
coordination.
No matching funds are required. There is no requirement to continue the program when the
qrant ends.
The following speCial project numbers have been established for accounting purposes:
181-99821 Juvenile Welfare BoardfJoe DiMaggio Sports Complex Teens
181-99822 Juvenile Welfare Board/Ross Norton Complex Teens
181-99833 Juvenile Welfare Board/North Greenwood Teens
A copy of the agreement is available for review in the Official Records and Legislative Services
Department.
Orioinatino: Parks and Recreation
Section Consent Agenda
~ate.g9J:.Y~ Agreements/Contracts. without cost
Number of electronic documents
attached:
1
.., /' )
I' A' .--<-
~ Clearwater I
V~l
.:;r~..-v ,
C it Y Com m is s ion
Agenda Cover Memorandum
Public Hearinq: No
Finllnr.i:lIlnfnrmlltinn:
Review Approval
Kevin Dunbar 10-06-2003 13:44:54
C:vnrl ip C;Ollnp;llI 10-06-2003 10:26:16
Bill Horne 10-06-2003 09:53:17
Laura lioowski 10-06-2003 10:16:23
(ii=lrrv Brllmhnr.k 10-06-2003 09:42:20
.
~ 2-~
AGREEMENT
Between
THE JUVENILE WELFARE BOARD
And
City of Clearwater, Florida
Parks and Recreation Department
(Charting the Course for Youth)
I. PURPOSE
The Juvenile Welfare Board of Pinellas County, a Pinellas County special taxing district, whose
address is 6698 - 68th Avenue North, Pinellas Park, Florida 33781, hereinafter referred to as "JWB",
and the City of Clearwater, Florida, a municipal corporation of Florida, whose address is Post Office
Box 4748, Clearwater, Florida 33758-4748, hereinafter referred to as "Provider", enter into this
mutual Agreement, including all attachments referred to herein, for the period commencing October
1, 2003 and extending through September 30, 2004.
The parties to this contract each in consideration of the undertakings, promises and agreement on
the part of the other herein contained, do hereby undertake, promise and agree as follows:
II. STAFF
Provider agrees to employ staff, at its expense, to execute services provided in accordance with this
Agreement. Such individuals shall not be considered employees of JWB or the County of Pinellas,
and are subject to the supervision, personnel practices and poliCies of the provider. Unless
otherwise approved by JWB, all staff shall meet qualifications as stated in the application and any
approved revisions, which are submitted for fiscal year 03-04 funding.
III. SERVICES
Provider agrees to deliver services as stated in the currently approved program methodology on file
at JWB and to accomplish objectives stated in Attachment 2 in accordance with recognized child
welfare practices, as determined by JWB, in service areas stated in Attachment 3, and pursuant to
the General Conditions listed in Attachment 1, and any special conditions as stated in Section VIII of
this Agreement.
IV. FUNDS
The budget for both JWB and other funds (if any) for accomplishing the above stated services shall
be as set forth in Attachment 4. JWB agrees to reimburse up to $103,545 for Charting the Course
for Youth for actual costs incurred for services rendered pursuant to this Agreement.
V. METHOD OF PAYMENT
1. JWB issues reimbursements in accordance with the schedule listed. on Attachment 5 (or on the
preceding working day in case of a holiday). The Provider may select to submit a request for
payment every other week or once a month. Request for payment must be accompanied by the
appropriate documentation as prescribed by JWB.
2. Requests for advance funds may be made, consistent with JWB policy.
Agency: City of CleafWater
Page 1 of3
Section I
9/26/03
VI. TERMINATION
1. It is the intent of the JWB to assure a consistent and orderly delivery of children's services. It
is the further intent of JWB to terminate Agreements only in those situations where such
action is essential to protection of its interests and the interests of children, as determined by
JWB.
2. Except as provided in subparagraphs 3 and 4 below, either party upon no less than thirty (30)
days notice may terminate this Agreement. Said notice shall be delivered by certified mail,
return receipt requested, or in person with proof of delivery.
3. In the event funds to finance this Agreement become unavailable, JWB may terminate the
contract upon no less than twenty-four (24) hours notice in writing to the Provider. Said notice
shall be delivered by certified mail, return receipt requested, or in person with proof of
delivery. JWB shall endeavor, whenever possible and consistent with its legal obligations
and principles of prudent management, to provide 30 days notice for Termination for Lack of
Funds. JWB shall be the final authority as to the availability of funds and extension of notice
beyond the minimum time herein stated.
4. In addition to the rights as set forth in paragraph VI., 2 above, this Agreement may be
terminated by JWB for any breach by Provider of the terms of this Agreement, including all
attachments, upon twenty-four (24) hours written notice. Said notice shall be delivered by
certified mail, return receipt requested, or in person with proof of delivery. JWB at its
discretion may waive any breach by the Provider in writing, but such waiver shall not
constitute a waiver of any future breaches, including breaches of the same type.
5. The above provisions shall not limit the Parties right to remedies at law or to damages.
VII. COMMENCEMENT OF PAYMENT
Unless specifically authorized by JWB, payment for services rendered under this Agreement shall
not commence prior to its effective date.
VIII. SPECIAL CONDITIONS
The following condition(s) apply to all listed programs within the City of Clearwater.
1 . General Condition #3 (Audit and Management Letter) is waived.
2. General Condition #6 (Board Members and Meetings) is waived.
Agency: City of Clearwater
Page 2 of 3
Section I
9/26/03
IX INDEMNIFICATION
The Parties recognize and agree to abide by the provisions of 9768.28, Fla. Stat.
IN WITNESS WHEREOF, the parties hereto have set their hands and seal this day
of
,2003.
Signed, sealed and delivered
In the presence of:
JUVENILE WELFARE BOARD OF
PINELLAS COUNTY
Witness Signature
Executive Director
Print Name:
Print Name:
Witness Signature
DATE
Print Name:
IN WITNESS WHEREOF, the parties hereto have set their hands and seal this _day
of
,2003.
Countersigned:
CITY OF CLEARWATER, FLORIDA
By:
Brian J. Aungst
Mayor-Commissioner
William B. Home, II
City Manager
Approved as to form:
Attest:
/ ,
~
\
Laura Lipowski
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Agency: City of Clearwater
Page 3 of 3
Section I
9/26/03
ATTACHMENT 1
GENERAL CONDITIONS OF THE AGREEMENT
1, AQreement Revisions
This Agreement, and attachments 1 through 4, constitute the contractual relationship between the Provider and
JWB, No amendments to this Agreement or its attachments may be made without the prior written approval of
JWB and Provider, except as may be provided in General Condition #4.
2, Fiscal Responsibility - Provider agrees:
A. To maintain books, records and documents in accordance with generally accepted accounting
procedures and practices which accurately and appropriately reflect all expenditures of funds listed in
Attachment 4.
B. That all financial records and supporting documentation shall be subject at all times to inspection, review,
or audit by JWB personnel or its duly authorized agent.
C. To maintain and file with JWB in a timely fashion reports related to services provided under this
Agreement,
D. To retain all financial records, supporting documentation, statistical records, and any other documents
pertinent to this Agreement for a period of five (5) years after termination of this Agreement. If an audit
has been initiated and audit findings have not been resolved at the end of five (5) years, all records shall
be retained until resolution of audit findings.
3. Audit and ManaQement Letter
Within 120 days of the close of its fiscal year, Provider agrees to submit to JWB an independent audit of the
financial statements of the entity in its entirety and any accompanying management letter(s). The audit must
be performed by a firm licensed to perform audits in the State of Florida and conducted in accordance with
generally accepted auditing standards and standards established by the American Institute of Certified Public
Accountants. The audit will separately identify JWB revenues, fees and donations, and expenditures by
program.
4. Other Financial Support
A. Within 30 days of the effective date of this Agreement, and at any subsequent time as a revision in the
budget may be reasonably anticipated, Provider will submit to JWB for its approval a revised budget
which again includes all resources to be applied to the program funded under this Agreement. A written
justification will be made of any difference in the proposed budget revision and the approved budget.
Statements which reflect reductions in excess of 5% of total program funding or $5,000, whichever is
least, as reflected in the approved budget, or reduction in any amount which in the judgment of JWB
would significantly interfere with implementation of the program as originally approved, may be grounds
for breach of Agreement.
B. Provider will report any request to any other source for financial support relating to this program for this
fiscal year; and report any other financial support received which amounts to 10% of the total program
cost or $5,000, whichever is least, and an explanation of how such additional funds will be used. A full
copy of requests or applications for other financial support will be provided if requested by JWB.
C. JWB funds will not be used for expenditures also funded by other sources.
D. Generally, JWB encourages use of its funds as financial match for securing funds from other sources.
However, in such instances Provider is required to obtain prior approval from JWB.
Agency: City of Clearwater
Page 1 Of 3
Section II
09/24/03 11 :39:47 AM
5, ProQram Monitoring
Provider agrees to submit progress reports and other information in such format and at such times as may be
prescribed by JWB (including SAMIS and A.S,S,E.T.), and to cooperate in site visits and other on-site
monitoring (including, but not limited to, access to sites, staff, fiscal and client records, and logs and the
provision of related information).
6. Board Members and MeetinQs
Within 30 days of the effective date of this Agreement, Provider will submit to JWB a calendar of scheduled
Board meetings for the current fiscal year. Approved Board minutes and an updated list of Board Members
shall be submitted in accordance with JWB policy.
7, Nondiscrimination
Programs receiving funding from the Juvenile Welfare Board shall not discriminate against an employee,
volunteer, or participant of the provider on the basis of race, color, gender, religion, national origin, citizenship,
disability, marital status, or age except that programs may target services for specific participant groups as
defined in the application. Additionally, agencies receiving funds shall demonstrate the standards, policies, and
practices necessary to render services in a manner that respects the worth of the individual and protects and
preserves the dignity of people of diverse cultures, classes, races, religions, and ethnic backgrounds,
B. Publicizina of JWB Support
Provider agrees to identify JWB support on its letterhead, agency newsletter, and other printed materials, and
to utilize every reasonable opportunity to publicize the support received from JWB.
9. Publications
Provider agrees to supply JWB, without charge, up to three (3) copies of any publication developed in
connection with implementation of programs addressed by this Agreement. Such publications will state that the
program is supported by JWB. Provider agrees that JWB will have unlimited use of copyrighted materials
developed under this Agreement.
10. Assianments and Subcontracts
Provider shall not assign the responsibility of this Agreement to another party nor subcontract for any of the
work contemplated under this Agreement, unless so specified in Attachment 4, without prior written approval of
JWB. No such approval by JWB of any assignment or subcontract shall be deemed in any event or in any
manner to provide for the incurrence of any obligation by JWB in additon to the total dollar amount stated in this
Agreement. All such assignments or subcontracts shall be subject to the conditions of this Agreement and to
any conditions of approval that JWB shall deem necessary.
11. Confidential Information
Provider shall not use or disclose any information which specifically identifies a recipient of services under this
Agreement, with the following exceptions: a) such information may be revealed as may be necessary to
implement General Conditions 2 and 5; b) such information may be revealed as may be necessary pursuant to
applicable federal, state, or local law and related regulations; and c) such information may be revealed with the
written consent (authorization) of the recipient, or the recipient's responsible parent or guardian, where
authorized by law. The provider is responsible to adopt appropriate policies, notifications, authorizations, and
other relevant information that allows for the sharing of confidential information.
12. Return of Funds
Provider agrees to return to JWB any overpayment due to unearned funds or funds disallowed pursuant to the
terms of this Agreement that were disbursed to Provider by JWB, and such funds shall be considered JWB
funds and shall be refunded to JWB in accordance with Its instructions.
Agency: City of Clearwater
Page 2 Of 3
Section II
09124103 11 :39:47 AM
13. Special Situations
Provider agrees to inform JWB in a timely manner of any circumstances or events which may reasonably be
considered to jeopardize its capability to continue to meet its obligations under the terms of this Agreement.
14. Provider Staff Membership on Board
Provider agrees that provider staff shall not serve as members of the Provider's governing board.
15. Measurable Oblectlves
Provider agrees to negotiate measurable outcomes for services covered by this contract consistent with
established JWB policies and procedures.
16. Waiver
JWB reserves the right to waive requirements of the above stated Agreement and General Conditions where
warranted by special circumstances. .
Agency: City of Clearwater
Page 3 Of 3
Section II
09/24/0311:39:47 AM
ATTACHMENT 2
City of Clearwater
Charting the Course for Youth
MEASURABLE OBJECTIVES
FY 03-04
Service Component: General Youth Services
Objective 10 Objective Description
1933 Primary youth enrolled in the program will develop or increase interpersonal skills by the end of 6
(six) months or case closure as measured by at least a twenty percent (20%) increase in scores
from pre to post on the Interpersonal Assessment Scale. The Interpersonal Assessment Scale will
be given when the youth enter the program (pre) and at the end of 6 (six) months or case closure,
whichever occurs first. (CDG-Summary)
1934 Primary youth in the program will maintain satisfactory grade point average (defined as a "C" or
higher) or improve their overall grade point average by the end of the school year as measured by
the difference between pre and post school report card letter grades. School report cards will be
reviewed for the semester before program participation begins (pre) and at the end of the school
year or at least for one semester subsequent to enrollment in the program (post).
(CDG-Summary)
1935 Primary youth in the program will express satisfaction with the program as indicated by a score of
at least 49 points on the Youth Satisfaction Survey. The Youth Satisfaction Survey will be
administered at the end of every semester (December and May). Measurement must be
completed by the end of the JWB fiscal year. (CDG - Summary)
Contracted Service Levels
All Primary Participants will be measured through the Measurable Objective reporting module
in SAMIS within a twelve month period.
Primary Participants
Contracted Primary Youth - 90
Contracted Primary Adults - 0
Total Contracted Primary Youth and Adults: 90
Secondary Participants
Estimated Secondary Youth - 0
Estimated Secondary Adults - 0
Total Secondary Youth and Adults: 0
Agency: City of Clearwater
Page 1 Of '2
Section III
09/26/038:55:36 AM
Status: Submitted
ATT ACHMENT 2
City of Clearwater
Charting The Course For Youth
MEASURABLE OBJECTIVES
FY 03-04
Service Component: Adult Satisfaction
Obiective Description
1. Caretakers (Primary adults) of primary youth in the program will express satisfaction with the
program as indicated by a score of at least 46 points on the Caretaker Satisfaction Survey.
The Caretaker Satisfaction Survey will be administered at the end of every Semester
(December and May). Measurement must be completed by the end of the JWB fiscal year.
(Manual)
Contracted Service Levels
90 Primary Adults
SAMIS Group Activities Module
Program will document all community activities and events sponsored in the SAM IS Group Data Module.
Agency: City 01 Cloarwater
Page 2 012
Section III
9/26/032:17 PM
ATTACHMENT 3
GEOGRAPHICAL SERVICE AREA
Provider agrees whenever possible to maintain service sites which are accessible by public transportation and
convenient to the target client group. Provider wiff advise JWB of any changes made in service sites.
The geographical service area for this agreement is as follows:
Program Name
Service wiff be
provided
countywide
Services will be provided less
than countywide. Service wiff
be provided in the following zip
codes (list all zIp codes of the
target area)
Charting the Course for Youth
33755,33756
Agency: City of Clearwater
Page 1 Of 1
Section IV
09124103 11 :39:47 AM
ATTACHMENT 4
BUDGET(S)
The provider will deliver services according to the budget(s) following this page,
Revised budgets should be submitted by the provider in accordance with the provision of General Condition 4A as
found in Attachment 1 of this agreement.
Provider may make budget amendments during the fiscal year in accordance with JWB forms and procedures as
delineated in the budget amendment approval guidelines established on 7/19/00, Copies of these guidelines are
available from JWB upon request. In many instances, budget amendments require the approval of JWB staff.
However, there are instances when providers may amend the budget and then notify the contract manager. In such
instances. the following guidelines apply:
A. Funded programs shall make adjustments in accordance with forms and procedures as established
by JWB staff.
B. A change in an individual position salary or fringe expenditure shall be considered as separate line
items. The program may make transfers between individual salary and fringe lines, but such
transfers may not exceed 10% of individual salary and may not exceed the aggregate amount of
approved salary and fringe.
C. The program may make transfers between operating expense line items of the JWB Allocation not
exceeding $1,500 (except Administrative Cost) per line item, and not exceeding $3,000 in aggregate
per amendment.
D. In accordance with the budget amendment approval guidelines, the program may only amend the
budget twice per contract year without JWB approval. Additional budget amendment requests will
require the approval of the JWB as per the guidelines.
E. Any adjustments made by funded agencies which are not in accordance with JWB policy shall be
subject to reimbursement of JWB at the discretion of JWB.
No adjustment may be made after the budget amendment closing date in September.
Reimbursement on per diem contracts may not exceed one-fourth of the total annual JWB allocation in any quarter
of the fiscal year without prior JWB approval. Any unused per diem in one quarter may be carried over to a
subsequent quarter within the fiscal year given adequate justification and with the prior approval of JWB.
Agency: City of Clearwater
Page 1 Of 1
Section V
09/24/03 11 :39:47 AM
FORM 2
CHARTING THE COURSE FOR YOUTH
CURRENT & PROPOSED OPERATING BUDGET
(ROUND NUMBERS UP TO THE NEAREST DOLLAR)
(1) (2) (3) (4) (5) (6)
02-03 03-04 02-03 03-04
ACCT# TITLE
PROG. PROG. % JWB JWB %
BUDG. BUDG. CHG. ALLOC. ALLOC. CHG.
Salary Accounts:
569,120 Regular Salaries and Wages S75,898 $116,197 537,715 S68,982 83%
Total Salary : $75,898 $116,197 53% $37,715 $68,982 83./.
Fringe Accounts:
569,210 FICA 51,101 S1.4151 29% $547 $1,000 83%
569,220 Retirement Contributions $5,314 $7,642 44% 52,640 $4,830 83%
569,230 Life and Health Insurance $14,461 S24,610 70% S9,201 $16,488 79%
569,240 Workers Compensation $3,089 $7,866 155% $1,140 S5,400 374%
569,250 Unemployment Compensation $0 SO 0% $0 $0 0%
Total Fllnge : $23,965 $41,533 73% $13,528 $27,718 1050;.
Operating Expense Accounts:
569,310 Professional Services S2,100 S1,050 -50% $2.100 $1,050 -50%
569,311 Professional ServicesIWorkshops $0 $0 0% SO SO 0%
569,320 Accounting and Auditing $0 SO 0% $0 SO 0%
569,321 Bank Services $0 SO 0% SO $0 0%
569.330 Courtllegal Services SO SO 0% $0 $0 0%
569,340 Other Contractual Services $0 SO 0% 50 $0 0%
569,350 Investigations $0 SO 0% SO $0 0%
569,400 Travel and Per Diem SO $0 0% $0 $0 0%
569,401 Conference $0 $0 0% SO SO 0%
Agency: City of Clearwater
Page 1 Of 3
Section VI
09/24/0311:39:47 AM
Status: Submitted
(1 ) (2) (3) (4) (5) (6)
02-03 03-04 02-03 03-04
ACCT# TITLE
PROG. PROG. % JWB JWB %
BUDG. BUDG. CHG. ALLOC. ALLOC. CHG.
569.402 Transportation S400 sol -100% S400 SO I -100%
569.410 Communications-Telephone SO SO 0% SO SO 0%
569.411 Communications-Long Distance SO SO 0% SO SO I 0%
569.412 Communications-Postage and SJ SO 0% SO SO 0%
Shipping
569.413 Communication-Internet SO SO 0% SO SO 0%
569.430 Utility Services SO SO 0% SO SO 0%
569.431 Water/Sewer/Sanitation SO SO 0% SO SO 0%
569.440 Rentals & Leases (Building & Land) SO SO 0% SO SO 0%
569,441 Rentals & Leases - Equipment SO SO 0% $0 SO 0%
569.450 Insurance SO SO 0% SO SO 0%
569.460 Repair & Maintenance Services. SO SO 0% SO SO 0%
Equipment
569.461 Repair & Maintenance Services - SO SO 0% SO SO I 0%
Property
569.462 Repair & Maintenance Services - SO $0 0% SO SOl 0%
Grounds
569.463 Vehicle Repair and Maintenance SO SO 0% SO SOl 0%
Services
569.4 70 Printing & Binding I SO SO 0% SO SO 0%
569.471 Copying & Binding SO $0 0% SO SO 0%
569.480 Promotional Activities $0 $0 0% SO SO 0%
569.481 Advertising SO SO 0% SO SO 0%
569,493 Match $0 SO 0% SO $0 0%
569.494 Administrative Cost $0 $0 0% $0 $0 0%
569.495 Residential Per Diem SO $0 0% SO SO 0%
569.496 Day Program Per Diem SO SO 0% SO SO 0%
Agency: City of Clearwater
Page 2 Of 3
Section VI
09/24/0311:39:47 AM
Status: Submitted
(1 ) (2) (3) (4) (5) (6)
ACCT# TITLE 02-03 03-04 02-03 03-04
PROG. PROG. % JWB JWB %
BUDG. BUDG. CHG. ALLOC. ALLOC. CHG.
569,497 Day Program Subsidy $0 sol 0% SO SO 0%
569,498 Day Program Hourly Unit Cost SO SOl 0% SO $0 0%
569.510 OHice Supplies $197 $4601 134% $197 $460 134%
569,515 Participant Expenses $0 $1,0251 100% $0 $1,025 100%
569,520 Operating Supplies $6,084 $2,195 -64% $6,084 $2,195 -64%
569,521 Food & Nutrition $1,650 $1.8551 12% $1,650 $ 1 ,855 12%
569,540 Subscriptions $240 $2601 8% $240 $260 8%
569.541 Books $0 $0 0% $0 $0 0%
569.542 Dues & Memberships $0 $0 0% $0 $0 0%
569,543 Educational Materials $0 $0 0% $0 $0 0%
569,544 Educational Training $0 SOl 0% $0 $0 0%
569.590 Depreciation SO $0 0% $0 $0 0%
569,600 OtherlMiscelianeous $0 $0 0% $0 $0 0%
569,640 Machinery & Equipment (Capital $0 $0 0% $0 $0 0%
Outlay)
569,660 Books, Publications, and Library $0 $0 0% $0 $0 0%
Materials (Capital)
Tolal Operating Expense:
$10,671
56,845 -36%
510,671
56,845 -36%
Total Program Expenses:
$110,534
5168,544 52%
$61,914
5103,545 67%
Agency: City of Clearwater
Page 3 Of 3
. Section VI
09126/033:16:36 PM
Status: Submitted
FORM 3
CHARTING THE COURSE FOR YOUTH
SALARY AND FRINGE PREPARATION
FISCAL YEAR 03-04
Gross Salary In Fringe In JWB Request JWB Request Salary
Position Employee % Time Salary Program Program For Salary For Fringe Funding %
In
03-04 03-04 03-04 03-04 03-04
Program Coordinator Clayton 2% $45,457 S909 $223 $0 SO 0.00%
Program Coordinator LaTerza 5% S52,813 52,641 52,491 SO SO 0.00%
Programmer Menchaca 50% S26,413 513,207 54,722 SO $0 0,00%
Rec Programmer TBD 100% $25,254 $25,254 59,598 $25,254 $9,598 100.00%
Recreation Leader C Jenkins 100% $20,848 $20,848 $8,974 $20,848 S8,974 100,00%
Recreation Leader 0, Thompson 100% $22,880 $22,880 59,146 $22,880 $9,146 100,00%
Recreation Supervisor TBD 10% 536,478 53,648 $1,074 $0 SO 0,00%
Specialist Miller 50% S41,140 $20,570 S3,136 SO $0 0,00%
Supervisor II Richardson 10% $31,203 S3,120 $1.089 SO SO 0.00%
Supervisor II Sowada 10% $31,203 $3,120 $1,080 SO $0 0,00%
I TOTALS $333,689 $116,197 $41,533 $68,982 $27,718 59.37~.
Agency: City of Clearwater Page 1 Of 1 09/24/0311:39:47 AM
Section VII Status: Submitted
FORM 4
CHARTING THE COURSE FOR YOUTH
SALARY AND FRINGE PREP ARA liON NARRATIVE
FISCAL YEAR 03-04
ACCOUNT #
ACCOUNT NAME
DERIVATION OF FIGURES AND
JUSTIFICATION OF
INCREASE/DECREASE OR OTHER
EXPLANATION AS NEEDED
LINE ITEM $
AMOUNT
PERCENT
INCREASE/
DECREASE
569.120 Regular Salaries and 09/2612003 Budget includes in.kind support of 5118,217 56%
Wages Coordinators, Supervisors, and Programmers. JWB
provides 100% support for Recreation Leaders and
Programmer,
569.210 FICA 09/051200308/0712003 Municipal employees with a 51,415 29%
pension plan hired belore 1986 do not pay FICA,
those hired after 1986 only pay FICA-Med at 1,45
percent of annual salary.
9 of 10 employees pay FICA med.
569.220 Retirement 09/2612003 City pension plan is calculated at 7% of 58,277 56%
Contributions annual salary. 10 employees are elegible for the
penSion plan,
569.230
Life and Health
Insurance
09/051200308/0712003 Full time employees receive
medical insurance at no cost to the employee:
employer's cost Is set by bid. FY 03/04= $5,400, 10
employees receive Group Life insurance at $12
annually and medical insurance. 4 employees
receive additional life insurance at 1 % of employee's
base salary.
525,924
79%
569,240
Workers Compensation
09/051200308/0712003 The City of Clearwater pays
$1800 per full time employee for Worker's
Compensation for all 10 program employees.
$7,866
155%
569.250
Unemployment
Compensation
$0
0%
Agency: City of Clearwater
Page 1 Of 6
Section VIII
09/26103 10:55:47 AM
Status: Subml"ed
ACCOUNT #
ACCOUNT NAME
DERIVATION OF FIGURES AND
JUSTIFICATION OF
INCREASE/DECREASE OR OTHER
EXPLANATION AS NEEDED
LINE ITEM S
AMOUNT
PERCENT
INCREASE/
DECREASE
OPERATING EXPENSE BUDGET NARRATIVE
569,310 Professional SeNices 09/26/200309/26/200308107/2003 Ross Norton $1,050 -50%
Instructors
Speakers $100
Drumming-$10Ihr x 10 hr = $100
Workshop-$50
Joe DiMaggio Instructors
Teen Development-$20Ihr x 10hrs = $200
N, Greenwood
Drummlng-$20Ihr x 10 hr = $200
Art c1asses-S20Ihr x 20 hr = 400
Original Budget Calculation
=100+100+50+200+200+400
569.311 Professional $0 0%
SeNices/Workshops
Original Budget Calculation
=0+0
569.320 Accounting and Auditing $0 0%
Original Budget Calculation
=0+0
569.321 Bank SeNices $0 0%
Original Budget Calculation
=0+0
569,330 Court/Legal SeNices $0 0%
Original Budget Calculation
=0+0
569.340 Other Contractual $0 0%
SeNices
Original Budget Calculation
=0+0
569.350 Investigations $0 0%
Original Budget Calculation
=0+0
569.400 Travel and Per Diem $0 0%
Original Budget Calculation
=0+0
569.401 Conforence $0 0%
Original Budget Calculation
=0+0
Agency: City of Clearwater
Page 2 Of 6
Section VIII
09/26/033:16:36 PM
Status: Submitted
DERIVATION OF FIGURES AND LINE ITEM S PERCENT
JUSTIFICATION OF AMOUNT INCREASE/
ACCOUNT # ACCOUNT NAME INCREASE/DECREASE OR OTHER DECREASE
EXPLANATION AS NEEDED
569,402 Transportation 08/07/2003 0 SO -100%
Original Budget Calculation
=0
569.410 Communications- Teleph SO 0%
one
Original Budget Calculation
=0+0
569.411 Communications.Long $0 0%
Distance
Original Budget Calculation
=0+0
569.412 Communicallons-Postag SO 0%
e and Shipping
Original Budget Calculation
=0+0
569,413 Communication-Internet SO 0%
Original Budget Calculation
=0+0
569.430 Utility Services $0 0%
Original Budget Calculation
=0+0
569,431 Water/Sewer/Sanitation SO 0%
Original Budget Calculation
=0+0
569.440 Rentals & Leases SO 0%
(Building & Land)
Original Budget Calculation
=0+0
569,441 Rentals & leases - SO 0%
Equipment
Original Budget Calculation
=0+0
569.450 Insurance SO 0%
Original BUdget Calculation
=0+0
569.460 Repair & Maintenance SO 0%
Services. Equipment
Original Budget Calculation
=0+0
Agency: City of Clearwater Page 3 Of 6 09/26/033:16:36 PM
Section VIII
Status: Submitted
DERIVATION OF FIGURES AND LINE ITEM $ PERCENT
JUSTIFICATION OF AMOUNT INCREASE/
ACCOUNT # ACCOUNT NAME INCREASE/DECREASE OR OTHER DECREASE
EXPLANATION AS NEEDED
569.461 Repair & Maintenance SO 0%
Services. Property
Original BUdget Calculallon
=0+0
569.462 Repair & Maintenance SO 0%
Services. Grounds
Original Budget Calculation
=0+0
569.463 Vehicle Repair and SO 0%
Maintenance Services
Original Budget Calculation
=0+0
569.470 Printing & Binding $0 0%
Original Budget Calculation
=0+0
569,471 Copying & Binding $0 0%
Original Budget Calculation
=0+0
569,480 Promotional Activities $0 0%
Original Budget Calculation
=0+0
569.481 Advertising SO 0%
Original Budget Calculation
=0+0
569,493 Match $0 0%
Original Budget Calculation
=0+0
569.494 Administrative Cost $0 0%
Original Budget Calculation
=0+0
569.495 Re!oidential Per Diem $0 0%
Original Budget Calculation
=0+0
569,496 Day Program Per Diem $0 0%
Original Budget Calculation
=0+0
569.497 Day Program Subsidy $0 0%
Original Budget Calculation
=0+0
Agency: City of Clearwater
Page 4 Of 6
Section VIII
09/2410311:39:47 AM
Status: Submitted
.
DERIVATION OF FIGURES AND LINE ITEM S PERCENT
JUSTIFICATION OF AMOUNT INCREASE!
ACCOUNT # ACCOUNT NAME INCREASE/DECREASE OR OTHER DECREASE
EXPLANATION AS NEEDED
569,498 Day Program Hourly SO 00'
,0
Unit Cost
Original Budget Calculation
=0+0
569,510 Office Supplies 08/07/2003 Norton-Office supplies-pens, paper, $460 134%
etc=S80
Joe DiMaggio-SSO
N. Greenwood-$300
Original Budget Calculation
=80+80+300
569,515 Participant Expenses 09/26/2003 Field trips $1,025 $1,025 100%
Original Budget Calculation
=1025
569.520 Operating Supplies 09/26/2003 08/07/2003 Ross Norton $2,195 -64%
VCR games $115,00
Art supplies $200
Awards $225.00
Board Games $50
Decorations $75
Film, Blank CDs $100
N, Greenwood
Video Games tor Playstation S300
T shirts 50 x $5 + S30 set up $280
Compact sewing machines.5 x $50=$250
DVD movies 5 x $20=$100
Joe DiMaggio
Video games.$150
CDs.movies, music.$150
Trophies, awards-$200
Original Budget Calculation
=115+200+225+50+75+100+300+280+250+
100+150+150+200
569.521 Food & Nutrition 08107/2003 Ross Norton. $1,855 12%
Snacks $100.00
Meals.$300
Joe DiMagglo-
Cookies, Pretzels, Snacks, Hot Dogs, Buns
$1,000
N. Greenwood
Chips, snacks.$200
Pizza-$255
Original Budget Calculation
=100+300+1000+200+255
c
Agency: City of Clearwater
Page 5 Of 6
Section VIII
09/261033:16:36 PM
Status: Submitted
Agency: City of Clearwater
Page 6 Of 6
Section VIII
09/24/03 11 :39:47 AM
Status: Submitted
FORM 5
Charting the Course for Youth
SOURCES OF REVENUE
01.()2
Actual Revenue
02.()3
Actual YTD As
of
09/26/03
02-03
Revenue
Projected Thru
End of Year
02.()3
Total
03.()4
Future Fiscal
Year Revenue
"/. Change
- SO $0 SO - SO 0%
.Cash Forward From $0
Fund Balance
.Fundraislng $0 $0 SO $0 SO 0%
.Partlcipant Fees $0 $0 SO $0 SO 0%
Insurance $0 $0 SO $0 SO 0%
Reimbursements
Medicare/Medicaid $0 $0 SO $0 SO 0%
United Way $0 $0 SO $0 SO 0%
School Board In-kind $0 $0 SO $0 SO 0%
Governmental $0 $0 SO $0 $64,999 0%
Other $0 $0 $0 $0 SO 0%
SUBTOTAL $0 $0 $0 $0 $64,999 0
CSC Continuation $60,700 $30,350 S30,35O S60,700 $103,545 71%
CSC EquiplRenovation $0 $0 SO $0 SO 0%
CSC Other $0 $0 SO $0 SO 0%
SUBTOTAL $60,700 $30,350 $30,350 $60,700 $103,545 71%
TOTAL $60,700 530,350 $30,350 $60,700 $168,544 178%
CROSS CHECK ITEMS:
FUTURE FISCAL YEAR PROGRAM EXPENDITURES: $168,544
"CASH FORWARD FROM FUND BAlANCE: The amount of funds 10 be transferred forward from the agency's fund balance to the operation of
the program during this fiscal year.
"FUND RAISING: Any funds collected by the program of either a solicited or unsolicited nature (Donations) as well as memberships which do
nol entitle the donor to program services.
"FEES: Charges for services rendered. This may include revenue from memberships when such memberships entitle the member to program
services,
Agency: City of Clearwater
Page 1 Of 1
Section IX
09/26/0311:35:02 AM
Status: Submitted
FORM 6
Charting the Course for Youth
SOURCES OF REVENUE
NARRATIVE
Source Name
Narrative
Governmental
The City of Clearwater Parks and Recreation Department provides in kind staff
and revenue support for this program. The Department is funded by the general
fund which recieves most of its funding from Ad Valorem taxes.
CSC Continuation
Page 1 Of 1
09/26/033:16:36 PM
Agency: City of Clearwater
Section X
Status: Submitted
END OF PROGRAM BUDGET FOR
Charting the Course for Youth
Plge1 Of 1
Section XI
0912410311 :39:47 AM
ATTACHMENT 5
JWB REIMBURSEMENT SCHEDULE
03-04 Submission Reimbursement
Reimbursement Date Date
Schedule
1 1 0/03/03 10/10/03
2 10/17/03 10/24/03 I
3 10/31/03 11/07/03 I
4 11/14/03 11/21/03 I
5 11/28/03 12/05/03 I
6 12/12/03 . 12/19/03 I
7 12/26/03 01/02/04 I
8 01/09/04 01/16/04 I
9 01/23/04 01/30/04 I
10 02/06/04 02/13/04 I
11 02/20/04 02/27/04 I
12 03/05/04 03/12/04 I
13 03/19/04 03/26/04 I
14 04/02/04 04/09/04 I
15 04/16/04 04/23/04 I
16 04/30/04 05/07/04 I
17 05/14/04 OS/21/04 I
18 OS/28/04 06/04/04 I
19 06/11/04 06/18/04 I
20 06/25/04 07/02/04 I
21 07/09/04 07/16/04 I
22 07/23/04 07/30/04 I
23 08/06/04 08/13/04 I
24 08/20/04 08/27/04 I
25 09/03/04 09/10/04 I
26 09/17/04 09/24/04 I
Agency: City of Clearwater
Page 1 Of 1
Section XII
09/24/03 11 :39:47 AM
~ Clearwater'
City Com mission
Agenda Cover Memorandum
dJ
(~~.~:::~~% ~
Trackino Number: 274
Actual Date: 11/06/2003
Subject I Recommendation:
Authorize settlement of fvlehr/Pearn, et al. v. City of Clearwater et aI., U. S. District Court Case
No. 8:02-CV-1313-T-24TBI\1, a claim alleging constructive discharge, seeking a name clearing
hearing, and alleging public records violations, and Mehr/Pearn v. City of Clearwater, Circuit
Court Case No. 02-6690-CI-7, a claim alleging public records violations, in the total amount of
$15,000.00.
Summary:
Former police officers Mehr and Pearn filed suit against the City in federal and state court
regarding the City's actions in relation to their separation from employment and public records
requests. The U.S. District Court dismissed a portion of the constructive discharge and public
records claims. If settlement does not occur, the remaining claims will go to jury or non-jury
trial, the federal trial being set for February 2004. The U.s. District Court ordered mediation to
be held on October 13, 2003. Representatives of the parties agreed upon settlement as follows,
contingent upon City Commission approval:
City to pay Plaintiffs $15,000.00.
Plaintiffs agree never to seek any type of future employment with City.
No admission of liability or wrongdoing by any party.
Plaintiffs to dismiss both federal and state lawsuits with prejudice, each party to bear own
attorneys' fees and costs.
Plaintiffs execute General Release; Plaintiffs indemnify City in case Plaintiffs breach settlement
agreement in future.
Plaintiffs responsible for tax consequences.
Mehr and Pearn may provide personal rebuttal statements re substance of OPS investigation, no
third-party statements or documents to be submitted, statements will not disparage individuals,
City may respond in non-disparaging manner to statements and this will be final word.
Acknowledgement that settlement agreement is public record.
Mehr and Pearn in seeking other employment may identify City's Human Resources Director as
point of contact. If contacted by prospective employer, Director will provide only verification of
employment, rate of pay, job title, and identification of ability of prospective employer to review
records. Notation to be made in personnel files to direct reference inquiries to Director.
Final agreement to 'be drafted and signed by all parties.
Originating: City Attorney
Section Consent Agenda
Category: Other
Number::. of electronic documents
attached:
Public Hearino: No
o
Financial Information:
~ Other
6l.cLRe.Qillr.eQl No
C/ f) 'f
~ Clearwater:
~~~(
~~l
Bid Exceotions:
Other
Other Contract?
Settlement
In Current Year Budaet?
Yes
Budget Adjustment:
No
Mprooriations Code
590-07000-545900-519-000
Review Aoproval
Lp.slip. DOllorill-Sirlp.s
Tina Wilson
Prim Akin
C:v nrlip. C,OllrlP.ri I J
C it Y Com m is s ion
Agenda Cover Memorandum
Amount
$15,000.00
8QQroQriations Comment
10-20-2003
10-20-2003
10-20-2003
10-20-2003
11 :40:33
15:19:11
13: 17:44
16:34:52
C/1:151-
~ Clearwater
- ..... ./""... /':'0.... ~ /""'0.. -""""'. ..
U ~ -.....;:/ '- J ~
Appointment Worksheet
For Commission Meeting 11/06/2003
Agenda Number: 2,059
~g
Beautification Comm ittee
TERM: 4 years
APPOINTED BY: City Commission
RESIDENCY REQUIREMENT City of Clearwater
FINANCIAL DISCLOSURE: Not Required
STAFF LIAISON: Leroy Chin, Debra Reid - Asst.
MEtvlBERS: 7
CHAIRPERSON Elizabeth France
MEETING DATES: 1st Wed., 8 am
MEETING PLACE: Municipal Services Building
APPTS. NEEDED: 1
SPECIAL QUALIFICATIONS None
THE FOLLOWING ADVISORY BOARD MEMBER(S) HAVE TERMS WHICH EXPIRE AND NOW REQUIRE EITHE
REAPPOINTMENT FOR A NEW TERM OR REPLACEMENT BY A NEW APPOINTEE.
Person(s) Appointed will begin immediately with term to:
11/30/2007
Name
nilnmrlr Orti7
Aooointment Date Attendance Record
07/1RI/OO/
ReaoDointment?
Nn
THF FOLLOWING NAMFS ARE BEING SllRMITTED FOR r.ONSlDF.RATlON TO FII.L THE AROVE VAr.ANr.JE
Name-Address Comments - Related Experience. Etc.
Paul Ellis Interior Design
19029 US Highway 19 N, 9-702,33764
Elizabeth Lancara
Secretary/Administrative Asst.
2030 Cleveland Street, 33765
Mana] Haresh Shewa Computer Info. Systems Instructor
675 S. Gulfvlew Blvd, Unit 306, 33767
Sheila Sullivan Assistant Account Executive
3043 Marlo Blvd. 33759
.
FEB 21 t.1lU~
CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS
(must be Clearwater resident)
Name:
,}
,-':r u L
ELL. \ .'S
Home Address:
/,,)C). ~I ().~ f((;'r I c.; IV 9 - ~i L
('t EAt.'t{,/J1 rEI2 r=Z. Zip':::; '76." t../-
Telephone: '7 2-'7 ~::; .~ L. '-f 5" rs ':,
How long a resident of Clearwater? .) 'r' I~~
Occupation:
Field of Education:
--1~ t- (i (I, If~ 06/1-
D&. s. I (" tJ <; () I~ c.. r=-
Office Address:
Zip
Telephone:
.~ IY\ (.: .S'
Employer:
Other Work Experience:
C/. "
I f3 S ( c.:.. tJ
i IV ':::/vTEI2/v{<.
PLitIJA)iNG-
/=- () 1(. /JA~E '3 *
r1 f) /7lr "..; t'J /I;/~ It't/ e 5 E 12 V ( 'C S'
-> () lj c. ~ U I.f Ga. /:::-v fL /1 J.1 ,-=- C '\' ,~
CO ;-~U""11 ITEr:
'7)G-fV1.oc "7 I <-
(;./1/U(:V). IQ".eV c:
Board Service (current and past):
Board Preference:
,J;. ---
" ~Y' C; e ~ Fc..1 PCti'/~ t?(j I ,g [;i,r.r i:.' /.)
.
-7!:>t:AU '1/=-te/i7/6N (~'J'V\ vl1I1T8~
-
Additional Comments: A/9F E), ':. ..-I..t?.-:n!l
IA/ G"t'/{oPG
. ' -')
,J '/~-? /.
Signed: L. / /,:~,!.-{I /' ;a"
c: r C/-I.4 ;fJc;t..:- ...s-'iE"e t"/ c6 .'
A/I?,cdPce
{(,:j
i.!
il"'
d')--'
Date:
See attached list for boards that require Financial Disclosure at time of appointment.
Please return this application & board questionnaire for each board listed to:
City Clerk's Department, P. O. Box 4748, Clearwater, FL 33758-4748 or drop off at City Hall, 2nd
Floor, 112 S. Osceola Avenue
? j'1:; f d
.Y. nl1,.t
I,
BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and responsibilities?
."'"0
,::::::r:o.Q/<1) /}ca I"So' /]..A-~ j.'r'1 f ;,f?". l" (" /;.., rdV.J' t' /" (~//7
C"(J(/~~ /, t-'~ Irel l<; fYI, uP'" ..f/ .......;,.,(.. / /,' (~~-? J'P~:
1/ rc:.. Ou " /c1..l-u; ~7 r1,..., , n Cot ~'f('~. and j~ Iv r.' .;
7' " / I
{J J"." /; /~. P1A (... ~',,? fo /' c~ ~ /. ,I--t-I Co t/~J .
I I
#- ,h~" !7!'q v' h'lt.! ot/t'I?J// c'/h_ (:lr//~/.;/r'~t:'Y/r // r.t'1 [) /~~.t-"'/1'~(
--Tr:>rf-/:t e T'''' e-/ ~/'''../ r:-c rf ./
2. Have'You ever observed a board meeting either in person or on C-View, the
City's TV station?
f:r.
3. What background andlor qualifications do you have that you feel would qualify
you to serve on this Board?
:T ha'ile
wI rJ;,
-1t'f'veA. ()'//)
6 C9u;d.r
C4/1?17 rltJ-l~~1r
t/
(]I J;W ok /C'" :.J
,
4. Why do you want to serve on this Board?
J ';'v 0/"1 ~ I.. lie If) /'" n /1'/ 'b!,J/c'
-/0 {11('
/ fl ~J{1l1 Vt tl
tJ't/e
,.J&- tn I!
.-
..1.,
ateO--
).1,( iJ f/ m e
/
...J (;) /Je
t() /1 / '{, /1
CO;Y/ #t.:..o //1/ . '-'"
wrlh Ik~
t
Name: '--I-~ /f t,.... E it i 5"
I Board Name: E 1/ l~rc't''''1,f'<-'17i "~& /t:-;{,
-i~ " L
~ C"'cz. v' -1/,/ / CaT, (:./"1
.:?-
{c , ;.~ 1-1"1,' ',..tf'e e
~./'
/
{ II(~:
/~
~
~', . '."\
CITY OF CLEARWATER - APPLICATION FOR ADVISORV-rBPf\ROS _"- ".-j:
(must be Clearwater resident)
FEB 18 2003
Name: Elizabeth A. Lancarll
CITY Cl.~r~~< \' :-'.' "':~;'j,;,:r::l\r(
Home Address:
2030 Cleveland St.
Office Address:
Clearwater, FL
Zip 33765
Zip
Telephone: 727-447-6209 Telephone:
How long a resident of Clearwater? Eleven years
Occupation: Secretary/Administrative Asst. Employer: Currently unemployed
Field of Education: OtheLW9rk EXQerience:
Have 32 college credits, Data Entry Clerk for Title Co., AF Recruit.
Office Administrator. Customer Service
Rep.
If retired, former occupation:
Community Activities: Skycrest Nei~hborhood Assn.. Clearwater Garden Club. volunteer for
Clearwater concerts and Officer Friendly Bike Safety Jamboree
Other Interests: Photol!raphv. crochetin~ hikp. 1'i ding, p ~"--Pt'\.~ \I \0\'''', ~ -V\Cl4'\c
Board Service (current and past): Board Preference:
None Beautification Committee
Parks and Recreation
Additional Comments:
Signed:~ltr~
Date: ~ -II-CJ~
See attached list for boards that require Financial Disclosure at time of appointment.
Please return this application & board questionnaire for each board listed to:
City Clerk's Department, P. O. Box 4748, Clearwater, FL 33758-4748 or drop off at City Hall, 2nd
Floor, 112 S. Osceola Avenue
~! .
BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and responsibilities?
~Iembers advise the commission on any lx:hanges or improves necessary to
keep recreation centers and parks attractive to citizens' use. There
is room for improving these facilities based on needs of residents.
2. Have you ever observed a board meeting either in person or on C-View, the City's
TV station?
I've watched.the Development Board meeting on C-View.
3. What background and/or qualifications do you have that you feel would qualify you
to serve on this Board?
I have been a resident of the Skycrest division of Clearwater for eleven
years and have some knowledge of native plants that may help in improving
landscaping.
4. Why do you want to serve on this Board?
I would love to take part in improvin~ Clearwater and feel that the
Parks and Recreation Centers of Clearwater are a great oart of enjoying
life here.
Name: Elizabeth A. Lancara
Board Name: Parks and Recreation Board
-~
( ',..,
:""\
'" .;;.. LJ
"
CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOAR~N 31 2003
(must be Clearwater resident) CITY CLEHl\ CCF;.\RTMENT
HA~~SK
SHf,\HA
Name: MAN 0:\
Home Address:
Co --t5 S. &!u..Lr-vLt; vJ ~L\I~ I \J Nl\ ~o b
Office Address:
~5"~O u.LMI~IZ\oN ~O', \JNIT 100
C. L r;.A It- W ~,. c;. Ii!- ,
(:'l..
Zip ~ 3-:J. (, t
FI.-
Zip 33~~ I
l.(.I.fZ.&,o
Telephone: T")."l - 53"2.. -\ q ~ ~ ~..,.t - ~ 2.5"
Telephone: ~'2..~ - 4L4 2.- O'2-3b
How long a resident of Clearwater? I ~ ~e ti. -< .s
Occupation: 'Ol"lP'" Tl:~ 't,.,J rO' .sYS1~~S r"'~T~\4(..lG~ Employer: G"out. A,. lOf\l AMF.j2lt~. ,AMpA T!':' H,
Field of Education: Other Work Experience:
G.S. Ct.\'It\P\A.\I~,z. I:.-ICn\NEEI2INu, (u.sr::)
&.c;.. C.oM~~TI;.z. ~~I:"2""~"ION S'{S"t1:M ("'~t=)
H" 1 i: \.. M Q N ,~ "d=. "' l; I\l T
A,-\QI" Nit,
If retired, former occupation: N IA.
Community Activities: 'WA~ Ml:""I'3~12 c~ NA'llol'JA\" HaNCe. 50c.'II:T
ANt) ~~1.. TI-1>:Tt'A I'-APfA (Si. Pc1:E ':Sil"l"~ C.CLLEG,I;)
Other Interests: t:)!:.BQ.,NC" . ,,-€.s;C;AR.C.\-\IN~ , Ri:l'\QINl>, ""'I) T~A"e\.INln
"11G-,~1 .$(.I-IOOL
Board Service (current and past):
N/A
Board Preference:
L/(11t~1Z '1 B "AlC-J)
Additional Comments: ()~TIL. rJ"'~ I {)..;Ii; 10
E"'I/ ,n.c,vmJ;.,v TAL Ab\l..$ull't ACA~n
BEAlLT I FI'-A ,'0 (V c..C""......,. t E E.
. OPSN TO A... ~ A'" ~ II. AoCS L.':' 11"1'\ Ito,s
Ull.q; "'~ ~"',:) "",,OILk.. I '-'''U. NOr A~AIUI~LF;.. To S(;ll.v!f
C'€"4a,..":Ir.~,z. ~€"'!)eNr.s. I wO..HD LIICr:. 111'1 oP""a.T""N'T"j r".;J .~r;:c"l'nr.: A lJl1l.uAQl€"
A5j,r:.i "l0 n~1E c.;rT'j c.~ C.\.~AllZwoQT~~ ANQ .x:1'~ ~E=s'!JI::Ni~
Signed:
r~
Date:
1-3\-03.
See attached list for boards that require Financial Disclosure at time of appointment.
Please return this application & board questionnaire for each board listed to:
City Clerk's Department, P. O. Box 4748, Clearwater, FL 33758-4748 or drop off at City Hall, 2nd
Floor, 112 S. Osceola Avenue
..
BOARD QUESTIONNAIRE
1, What is your understanding of the board's duties and responsibilities?
,he boa.'fd'~ ch..-ltie" (A.l'\d ''feJpo.1si 6; h'l24 'IS to ''''''~r' I'~I'''' Pll}; H"tt
'1e1c...riCt1s\':p bt!tw<un Cih3""'J. ot c.1et:.y....l....'.,Y' c."d ll/~'.l (llIl.t;"""'/t,t-,
Thf bOA...d 'fP p'CP~'" r" lA...J lClOlz.~ O'u' ;HI..W....L ~h(. r l"\(Q ~..'r,odl\..1
~o ~e l'Lf\h"...u..,t'",t ~ C\~ o~ CIe.A'(....~e-I ,.....d ....J.....fl .:,b~~05
2. Have you ever observed a board meeting either In person or on eNlow, Iho Clly'o
TV station?
"le..s;.
3. What background and/or qualifications do you have that you feol would qllnllly YOll
to serve on this Board?
.!:- '-'c.. -.)Q b 0.. c k ~rl)I,.l.V"\ ~ (rl~ ~ 'U" ,) \ t"I (c ""rv-tt'(" <: rl ~; I"H'C' 1\ ~_~\" J
Ct\''''\,.t~~ l......bll'/'.....t\.t\1M. O;;j-'~(~' M1 "'C.L~ Y1lI.I.\\d hl.'...~.!. I"Y1I! !;~1\..\4
c.."d b OCt41cJ ()" \J
o~jeL..l1\1c... . dQ,Jc._.:I~. r h(Ne a.1"I (J lC.u.dl~ t"l t1t."'",hrJ'1~..:....L
.,
01'r'l 0.... ,'"dnuhv:" CI-S p..o5T""" oJ.: 10'\ b"'th,,,'u.R (oll~p,04t,,~ I~
4............ ~a.\l:,,~ ..J~~d ,Cd, Ain ~"shu~ ;r hCNt' ~Glv(ltQr~ cJ 5"'~
~p'" SlL4\l,i. ;I: a.~ ~ C"- ~C"C\ \1'~~""Y" ~c4 dQ.be...hJ...
4, Why do you want to serve on this Board?
f.\ 5 C<. tie ,.~ '" 1...uJ." yo ....12. ~ ~ d..e '" t
U< +he ft4~ ~ 12 ~ eA'( ~ :t h'l~
~(l C4ili~~ ob i-hQ b~'( d . 'I.
c.,~ at c.le....r.I/....J...I"eT. I ""t.v.~ N
~o..!..II.r'\ pOC;;h\JO~ Q\,~J-Pc\ b'j
,....'(~ C\ ~c....f 4-\ole HI ~\ It ~ to" 0", d
'i~O...J '""1 ~\,>"(""..:J-it\'\ h~ po.'d'i~l~...~, i~ +~e bc4...d (".~& (.U"h\b..J-l? pcsiHve'i
~.,) ,.....c.\.s; CA:~ o~ C.\e""IoJ,-t~y "'~d '~1 'Its '((l'lIl t-~
Name: Mo..ooi S ht'w"'-
Board Name:
02/05/2003 09:t2 FAX i2i 5i2 5910
L~DERS & PART~ERS
~ 0021003
CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS
(must be Clearwater resIdent)
Name: 0 l--e\" I 0.... (~lA..I,l \' vQh
Home Add "ess: Office Address:
::'OL.L3 Mci\' lO \"2> \\.Jd~6ff EXe(~l'\/-4Pr-. ~ltl't-e. 21D
C:.\eiAr\.}.Q>tQY' I ~ Zip '"3~?5G Cl W' I Fe zip5?>7foO
Telephone "72-1..5bO.85o"J Telephone:J'l7 .512-5lU
How long a resid~nt of Clearwater? '5 j-c:.~S I
Occupatior: Q.~t S1t~ GlCLDun+ t~e t.lAt1ve Employer: Lorden ~ ~!
Field of Education: Other Work Experience:
B.S. C~:t-frbn ~fuctJeJ · ~_c.tt>>lUU(lttY' BM2Ilc.Cnmm/~rJf
p{Or!id.~ SftLteJ lJ.ni1tenifu.J5tiJ ~ YJ !i J 0 "L - '0 J 0 z.
~ ~200 2. . ~ U · f'"su Re9,s-tro..rs tJ.rftc~_ 119Cj - !1/07.
) ~ ctJ~ ( (:PJ b-eCtJ m, 'f[j_
f{)tta.r btact(n~~
Board Preference:
~on Ct)Yhrn,t1cc.
Board Serv:ce (current and past):
~~ntSCna.te.
CD-C)~~
Additional Comments: t2 -.!lSJiSW;4 ,;, 1MR. d.eve.lo~rt+ I Or;qClY/fzCt-f10h
Qh~ ,'r:J.(JfVmcnt~'tUJn of -!-tv F1'(,Jt C(tLuJ.J~ lLildf21hrp f1cod~
Wh6cA1 proVlClerJ~~ brOM tJri.a..d.th Of Va.luAblt. O\nc.l t..ASefl.,v1 Cf't1 ~
Slgned:.6'WJ..",<~~ Dale:~~ttlli
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 Clerkls Department, P. p. Box 4748, Clearwater, FL 33758-4748 or drop off at City Hall, 2nd
Floor, 112 S. Osceola Avenue
02/05/2003 09:43 F.~ 727 572 5910
L~\~ERS & P.~TKERS
BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and responsibilities?
The committee is responsible for attending monthly meetings. f;lcilitates in the
overseeme. .)f City Beautification orograms and aesthetic enhanl:;ernent oroiects.
2. Have you ever observed a board meeting either in person or on C-Vi.ew, the City's TV
51 ation?
Yes. I have observed City Commissions meetings both live and via television.
3 What backgrollD.d and/or qualifications do you have that you feel we,uld qualify you to
surve 011 this Board?
Background~
. Residen"t of City of Clearwater 15 years
· Countryside High School Graduate 1998
· Florida :,tate University Graduate 2002
. Florida Btate University 5200 Student Senate
. City of Clearwater, Public Communications Department Intf:m 5/02.10/02
Qualifications:
I want to bel:ome civically active and I am interested in the Beautification of
Clearwater.
4. Why do you waJ:.tto serve on this Board?
As a yOung Clearwater resident with nrior student government e)cperience. I feel
driven to ge1 involved. Mv City intemshio tau2ht me a lot about the various
facets ofloc:1} ~ovemment and I found it to be Very intriguing. I think it will be a
great opporomity and fun. My goal is to have a positive inwact on the City and I
am confident that servin!: on this committee will be a step in the riiht direction.
Name: Sheila Sullivan
Board Name: Beaulification Committe~
~ OOJ/OOJ
~ Clearwater.
- "...... /"".... r-... "...... /"".... ~ i
U ..... -' '-./ ........:./ ~ :--..:'l"' - ~ .
- .....- ~ "-/ ~'-' ;
aq
Appointment Worksheet
For Commission Meeting 11/06/2003
Agenda Number: 2,059
Community Relations Board
TERM: 4 years
APPOINTED BY: City Commission
RESIDENCY REQUIREMENT City of Clearwater
FINANCIAL DISCLOSURE: Not Required
STAFF LIAISON: Eleanor Breeland - Equity Services
MEMBERS: 5
CHAIRPERSON Johnny Long
MEETING DATES: As called
MEETING PLACE: Determined when called
APPTS. NEEDED: 1
SPECIAL QUALIFICATIONS None
()RJ5" :3
THE FOLLOWING ADVISORY BOARD f'.lEtvlBER(S) HAVE TERMS WHICH EXPIRE AND NOW REQUIRE EITHE
REAPPOINTMENT FOR A NEW TERM OR REPLACEMENT BY A NEW APPOINTEE.
Person(s) Appointed will begin immediately with term to:
11/30/2007
Name
\.,'lnrli'lrp Gi'lrrlnpf
Appointment Date Attendance Record
07/1 RI/OO/
ReaODointment?
No
THF FOllOWING NAMFS ARF RFING SIJRMnTFD FOR \.ONSmFRATlON TO FILL THE AROVE VAC:ANC:YE
Name-Address
Mattie Whitson
1516 Flint Dr. W., 33759
Comments - Related Experience, Etc.
Health Aide/Committee Person
RECEIVED
SEP 2 3 2003
CITY OF CLEARWATER - APPLICATION F~R ADVISORY BO~~~\,NAGER'S OFFI<
(must be Clearwater resident) RECElVEl.J - -
- .
Name:mA 1'1'J& \Jy-h.L:r..sdll?~
Home Address:
J5 I k' E:J J~....:f7 0 (1.. ~
f..J ( (t^ Vtu..:r~ " Zio .JJ, 7 ~"'1
TelePhone:O~1) ?~~ 1
How long a resident of Clearwater? -M r- ~
Occupation: W tJ rf<.. r -r t BJ t ~ ~)
Field of Education:
1b L ,,5(' j,()ht
.,...
S~ 23 2003
Office Address: OFFICIA
L RECORDS AND
LEGISLATIVE SRVCS DEPT
Zio
Telephone:
Employer:
Other Work Experience:
W'G.5 'C,~~~ 41St.
.- I J, 'f{V~
If retired, former occupation: H (, ~ (,. -r-If .1}- I J,"" t:~: ~ ~<.tn-ry W'-l ~k)mi.
Community Activities:,4 ~ 1fJ.,~ I' ~~ ~ 1~/lJ n.J ~) Ivl,~,-. } Y\ t1"'V~ ~~ '''d
Olherlnterests:.Ej~ 2> J 1l':i.i!.M.~ - !-"U ~y ~-~ letRy'''' .
Board Service (currelli and past): Board Pref~: . ? .
~ (,;;'.:1. <;.,.."", .,-.$ (b I ~.., .7r''''- _t , 1'>\ ~ ~"I ; *' ~~ -ri".. , lJe.'CrZ:
'y~..~b M. - f ("'G:i I~~ , ~ ~lh~uJ
.
~. ~ A"
n I ~;;;ants:.D' 10\ ~ ~ ft"'~ 1'# p~ Ii.. ...... - ,.-r,. ()!<i ~ ~a:.. 0 fi 4- r l'
p,., 8 U'fA~S I '",,- ~" ~ ~ lL.') ; 7)1.
Slgned:.hl .w JL....lg~l ;
Date: D~~ ,.1, ~ - tJ ' ~
See attached list for boards that require financial disclosure at time of appointment. Please retum
this application and board questionnaire to the Official Records & Legislative. Services Department,
P. O. Box 4748, Clearwater, FL 33758-4748, or drop off your application at City Hall, 2nd Floor, 112
S. Osceola Avenue.
BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and responsibilities?
_I) h.,C? ~ -(h~~ '" t ~.p. WL'a, 'f J:. J ( 'J ~
A d-n~wtlii'e r~(>~8"i J'd.t<I~ (L,~~or-:
..P c () r-J '1'-. 11 ~p;' I e.- ~ ..~.
2. Have you ever observed a board meeting either in person or on C-View, the City's
TV station?
y'{..~ - 00 r L,
3. What background and/or qualifications do you have that you feel would qualify you
to serve on this Bo8rd?
--1) ~ ~ ~ -r~. -r -eo ~ ~ '(.. .joe" I' a,. .l.-
h.p J) "., - M Y ~ r ..... r" I~" ""1(' (i) .'5
Y C~ r.-.::l~ tU .
4. Why do you want to serve on this Board?
--.:.r:. ~ It u ~ J ~K~
, "
. J't %J 'pi e 'I .~ ~ ( 11'1' -r~t!.~ 1 :,..
]J b 8~f.. b (~ 60
Name:
---'
, L ~~~
C..,11 """ WI !' rr C:l.-
!O ~
1:> ^<' I J P.-t.M. 1 E...
IJ'- ,
ITEM # 30
- '. . ,
. .
," '. '"
~ Clearwater:
City Com mission
30
~,~'~;~~ l
__"-.::r,-,,=.'-',,-~ '
Agenda Cover Memorandum
Tracking Number: 251
Actual Date: 11/06/2003
Subiect / Recommendation:
Adopt Resolution No. 03.40 rescinding Resolution No. 00-21 and authorizing certain City staff to
sign Florida Department of Transportation permit applications.
Summary:
The Florida Department of Transportation requires that permit applications to them are signed
by persons formally authorized to do so by the City.
Resolution 00-21 was adopted in June 2000 authorizing certain City staff to sign these permit
applications.
Staff changes since then necessitate updating this list of authorized signators.
Resolution 03-40 rescinds the previous authorization and updates the list.
Originating: Engineering
Section Other items on City Manager Reports
CateQory: Other
Number of electronic documents
attached:
Public Hearinq: No
1
Financial Information:
~ Other
Current Year Cost:
$0.00
Review Aooroval
Chuck Warrinaton
10-13-2003 10:51:53
10-13-2003 12: 16:07
10-13-2003 14:43:56
10-13-2003 09 :38:39
10-13-2003 08:14:18
10-13-2003 18:19:55
Brvan Ruff
Garry Brumback
Mic:hilf!1 Ouillf!n
Cvnnif! GOlJcif!nU
Bill Horne
prJ3
RESOLUTION NO. 03-40
A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA,
RESCINDING RESOLUTION 00-21 AND AUTHORIZING CITY OF
CLEARWATER OFFICIALS TO SIGN APPUCATIONS FOR FLORIDA
DEPARTMENT OF TRANSPORTATION (F DOT) PERMITS;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, it is necessary from time to time that officials of the City of
Clearwater, primarily from Public Works Administration and the Clearwater Gas System,
sign applications for FOOT permits; and
WHEREAS, the City had authorized certain officials to sign applications for
FOOT permits by Resolution 00-21; and
WHEREAS, the City of Clearwater wishes to rescind Resolution 00-21 and
designate certain officials of the City of Clearwater as authorized by this Resolution to sign
applications for FOOT permits; and
WHEREAS, the City of Clearwater waives the placement of the City seal on
all documents signed by the undersigned representatives and agrees to be bound as fully
as if the City seal were affixed, now, therefore;
BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA:
Section 1. Resolution 00-21 is hereby rescinded and the City Commission
does hereby authorize the following officials to sign applications for FOOT permits on
behalf of the City:
Mahshid D. Arasteh, P.E., Public Works Administrator
Michael O. Quillen, P.E., City Engineer
Gary A. Johnson, Public Services Director
Glen Bahnick, Assistant Director of Engineering
Lisa Murrin, P.E., Utility Engineering Manager
Charles S. Warrington, Jr., P.E., Managing Director, CGS
Mike Deegan, Gas Program Coordinator
Keith Downs, Gas Program Coordinator
Resolution No. 03-40
.
Tom Sewell, Gas System Assistant Director
Section 2. The City Clerk is hereby directed to forward three certified copies
of this resolution to the Florida Department of Transportation, District VII, 11201 North
McKinley Drive, Tampa, Florida 33612.
Section 3. 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:
Bryan Ruff
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
.
Resolution No. 03-40
.
CERTIFICATE OF I~Cl!i\IBE:'iCY ANI> AUTHORITY
I. I3rian Aungst, t\layor-Commissioncr of thc CITY OF CLEAR WATER, do hereby certity that the personls) whose name,
title. position, and signature appear below are duly elected or appointed, qualified, and acting representatives of the CITY OF
CL EA R WATER, a political subdivision of the State of Florida, and hold, on thc date of this Ccrtificate, the offices sct beneath their
name: that the signaturc appearing opposite their name is the gcnuine signature of thc represcntative; thatthc reprcsentativc is duly
authorized for. and on behalf of the CITY OF CLEAR WATER and the Clearwater Gas System lCGS). a departmcnt of the CITY OF
CLEAR WATER. to cxecutc and deliver any application for permits and all instruments betwccn the CITY OF CLEAR WATER and
the DEPART~IEi\T OF TRAi\SPORTA TION. STATE OF FLORIDA. in connection thercwith: and the execution and delivery of
an)' such permit. and all instrumcnts in connection therewith, for and on behalf of the CITY OF CLEAR \V A TER. are not prohibited
by. or in any manner n:stricted by. the terms of the CITY OF CLEARWATER'S Certificate of Incorporation. it's bylaws, or of any
loan agrecmcl1l, indcnture, or contract to which the CITY OF CLEAR WATER is a party or under which it is bound.
I do further certify that the foregoing authority shall remain in full force and effect, and said DEPARTt\'IENT OF
TRANSPORTA TION, STATE OF FLORIDA. shall bc entitled to reply upon same, until written notice of the modification,
rescission, or revocation of same, in whole or in part. has been delivcred to said DEPARTf'."tENT OF TRANSPORT A TION, STATE
OF FLORIDA, but no such modification, rescission. or revocation shall, in any cvent. be effective with respect to any permit
documents executed, or actions taken, in reliance upon the forcgoing authority prior to the delivery to said DEPARTMENT OF
TRANSPORTATION, STATE OF FLORIDA. written notice of said modifications, rescission or revocation, the CITY OF
CLEARW ATER. hereby waives the CITY OF CLEARWATER seal on all pcrmit documents signcd by the representativc, and agrecs
to be bound as fully as if the CITY OF CLEARWATER scal were aftixed. Attached is a rcsolution to this cffect.
Names of Representativen'itlels)/
Positionsls) of Reprcsentative
Signature of Rcprcscntative
A. Mahshid D. Arasteh, P.E., Public Works Administrator
13. ;vlichacl D. Quillen, P.E. City Engincer
C. Gary A. Johnson, CGC, Public Services Director
D. Glen13ahnick, Assistant Enginecring Director
E. Lisa t\L t\lurrin. P,E., Utilities Engineering t\lanagcr
F. Charles S. Warrington. Jr.. P .E.. t\'lanaging Dircctor, CGS
G. Mike Deegan. Gas Program Coordinator
H. Keith Downs, Gas Program Coordinator
I. Tom Sewell. Gas Systcm Assistant Director
IN WITNESS WHEREOF I have hereunto setm)' hand and affixcd my seal of the CITY OF CLEARWATER this
day of , 2003. u
A lIest:
Cynthia E. Goodcau
City Clerk
Brian J. Aungst
r...layor-Comm i ssioncr
APPROVED AS TO FORM AND LEGAL SUFFICIENTY:
Bryan D. Ruff
Assistant City A 1I0mcy
City Co m m issio n
~ m"l:n ,,"T
:~~~w~ater
u~ ..___.____.~_g.~ n d_~._~~~1!I_~ m ~!iI~j_~~
3\
Trackino Number: 231
Actual Date: 11/06/2003
Subiect / Recommendation:
Approve amendments to Chapter 51, Code of Ordinances to provide for various minor revisions
to the City's floodplain management regulations as recommended by the Federal Emergency
Management Agency, and pass on first reading Ordinance No. 7213-03.
Summary :
The City of Clearwater participates in the National Flood Insurance program.
Section 1361 of the National Flood Insurance Act of 1968, as amended, requires that the City
show evidence of adoption of floodplain management regulations that meet the standards of
Section 60.3 of the National Flood Insurance Program.
Chapter 51 of the Code of Ordinances contains these required floodplain management
regulations.
Clearwater's regulations were recently reviewed by the Federal Emergency Management Agency
and have been approved, however they did suggest a few minor changes.
The subject ordinance implements these changes.
Orioinatino: Engineering
Section Other items on City M
Cateoorv: Code Amendments - All
Number of electronic documents
attached:
Public Hearino: No
1
Financial Information:
Review Approval
lp.ff Kron~c:hnnhl 10-09-2003 15:02:13
Brvnn Ruff 10-10-2003 14: 22:28
Garry Brumback 10-21-2003 14:42:56
Mic:hnp.1 Ouillp.n 10-09-2003 15:55:58
Cvndle Goudeau 10-20-2003 09:42:28
Bill Hornp. 10-24-2003 17:25:18
I )rl t
ORDINANCE NO. 7213-03
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA RELATING TO FLOODPLAIN MANAGEMENT
REGULATIONS; AMENDING CHAPTER 51, CODE OF
ORDINANCES; PROVIDING FOR VARIOUS MINOR
REVISIONS; PROVIDING AN EFFECTIVE DATE.
WHEREAS, The City of Clearwater participates in the National Flood
Insurance Program; and
WHEREAS, Section 1361 of the National Flood Insurance Act of 1968, as
amended, requires that the City show evidence of adoption of floodplain
management regulations that meet the standards of Section 60.3 of the National
Flood Insurance Program; and
WHEREAS, Chapter 51 of the Code of Ordinances contains these
required floodplain management regulations; and
WHEREAS, the Federal Emergency Management Agency has
recommended minor changes to these regulations; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA,that:
Section 1. Chapter 51, Code of Ordinances is amended as follows:
Sec. 51.03. Definitions
. . . . . . . . . . .. . .. .. Base flood elevation and BFE mean the elevation above mean sea
level as shown 9R in the FIRM and FHBM Flood Insurance Study.
... ... ... ... .., .. Development means any man made change to improved or
unimproved real property, including but not limited to buildings or other
structures, mining, dredging, filling, grading, paving, excavating, drilling or
permanent storage of materials.
.. . .. . . . . . . . . . . .. Floodway means the channel of a river or other water course and
the adjacent land areas that must be reserved in order to discharge the base
flood without increasing the water surface elevation by a designated height of
one foot.
. . . . . . . . . . . . . . . .. Functionally dependent facility means a facility which cannot be
used for its intended purpose unless it is located or carried out in close proximity
to water, such as but not limited to a boat docking or port facility, 9f shipbuilding,
or ship repair or seafood pr-ooes6ing facilities. The term does not include long
term storage, manufacture, sales or service facilities.
7213-03 (revised)
... ... ... ... '" ... National Geodetic North American Vertical Datum and NGVD
NA VD, as corrected in 4929 2003, mean a vertical control used as a reference
for establishing varying elevations within the floodplain.
Structure means a walled and roofed building that is principally above ground, a
manufactured home, or a gas or liquid storage tank, or other manmade f3cility or
infrastructure.
Sec. 51.08. Adoption of maps and study.
Federal Emergency Management Agency maps entitled "Flood Insurance Rate
Map and Floodway", and the accompanying study entitled "Flood Insurance
Study- Clearwater", all effective September 3, 2003, and any subsequent
revisions. shall be used to provide the database for this Chapter.
Sec. 51.32. Specific standards.
In all areas of special flood hazard, the following standards are required:
(1) Residential construction (A zone). New construction or substantial
improvement of any residential structure shall have the lowest floor,
including the basement, elevated at or above the base flood elevation.
Should solid foundation perimeter walls be used to elevate a structure,
openings sufficient to facilitate the automatic equalization of flood
hydrostatic forces on exterior walls unimpoded movement of floodwaters
shall be provided in accordance with the standards set forth in subsection
(3) of this section.
(2) Nonresidential construction (A zone). New construction or substantial
improvement of any commercial, industrial or non-residential structure
shall have the lowest floor, including the basement, elevated at or above
the base flood elevation. Structure located in all A zones may be
floodproofed in lieu of being elevated, provided that all areas of the
structure, toaether with attendant utilities, below the required elevation are
watertight with walls substantially impermeable to the passage of water
and use structural components having the capability of resisting
hydrostatic and hydrodynamic loads and the effects of buoyancy. A state
registered professional engineer or architect shall certify that the
standards of this subsection are satisfied.
... (6) Coastal high hazard areas (V zones). ...............
'" (b) All buildings or structures shall be elevated so that the bottom of the
lowest supporting horizontal structural member, excluding pilings or columns, is
located at or above the base flood elevation level, with all space below the lowest
supporting member open so as not to impede the flow of water. Breakaway walls
2
7213-03 (revised)
may be permitted if designed to wash away in the event of abnormally high tides
or wave action and in accordance with subsection (6)(h) of this section. .............
.., (f) There shall be no fill used as structural support. Limited noncompacted fill
may be used around the perimeter of a building for landscaping or aesthetic
purposes provided the fill will wash out from storm surge, thereby rendering the
building free of obstruction, prior to generating excessive loading forces, ramping
effects or wave deflection. ...................
.., (h) Nonsupporting breakaway walls, open wood latticework or mesh
screening shall be allowed below the base flood elevation provided they are not
part of the structural support of the building and are designed so as to break
away, under abnormally high tides or wave action, without damage to the
structural integrity of the building on which they are to be used and provided the
following design specifications are met: .........................
Sec. 51.33. Streams without established base flood elevations or
floodways.
ill Within the areas of special flood hazard where small streams exist but
where A9 base flood data have been provided GF but where no f100dways
have been provided, the following standards apply:
0-) No encroachments, including fill material or structures, shall be
located less than 20 feet from the top of the stream bank unless
certification by a state registered professional engineer is provided
demonstrating that such encroachments shall not result in any increase in
flood levels during the occurrence of the base flood discharge.
(2) Within the areas of special flood hazard where small streams exist but
where no base flood data have been provided and where no floodwavs have
been provided. the followinQ standards applv:
~ New construction or substantial improvements of structures shall be
elevated or floodproofed to elevations established by the building official utilizing
data available from a federal, state or other source.
3
7213-03 (revised)
Section 2. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
Attest:
Cynthia E. Goudeau
City Clerk
Bryan Ruff
Assistant City Attorney
4
7213-03 (revised)