11/18/2008 - Council only - No WorksessionCity Council Agenda
Location: Council Chambers - City Hall
Date: 11/18/2008- 6:00 PM
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 Council shall be limited to three (3) minutes unless
otherwise noted under Public Hearings. For other than Citizens to be heard regarding 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. Prior to the item being
presented, please obtain the needed form to designate a spokesperson from the City Clerk (right-hand side of
dais). 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 Council. 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. Call to Order
2. Invocation
3. Pledge of Allegiance
4. Presentations
4.1 American Red Cross Presentation - Anna Trefethen, CEO American Red Cross, Tampa Bay Chapter
LB Attachments
4.2 Jazz Holiday
1B Attachments
4.3 World Triathlon Presentation
LB Attachments
4.4 Citizens Academy Graduates
LB Attachments
4.5 We Care Fund - Jim Geary
IB Attachments
4.6 State of the City Presentation - City Manager
LB Attachments
5. Approval of Minutes
5.1 Approve the minutes of the November 6, 2008 City Council Meeting as submitted in written summation
by the City Clerk.
1B Attachments
6. Citizens to be Heard re Items Not on the Agenda
Public Hearings - Not before 6:00 PM
7.Administrative Public Hearings
- Presentation of issues by City staff
- Statement of case by applicant or representative (5 min.)
- Council questions
- Comments in support or opposition (3 min. per speaker or 10 min
maximum as spokesperson for others that have waived their time)
- Council questions
- Final rebuttal by applicant or representative (5 min.)
- Council disposition
7.1 Approve the applicant's request to vacate the 40-foot street right-of-way of Myrtle Avenue that lies along
the West property lines of Lot 1 and Lots 9 through 26 inclusive, Block "J", Belmont Second Addition,
(a.k.a. 801 Howard Street), subject to the retention of a drainage and utility easement over the full width
of the street right-of-way to be vacated and approve Ordinance Number 8015-08 on first reading,
(VAC2008-02 Eggers-City of Clearwater),
10 Attachments
7.2 Continue 1st reading and public hearing of Ordinance 7999-08, Downtown Parking, to December 4, 2008.
10 Attachments
7.3 Approve amended and restated Development Agreement for property located at 100 Coronado, between
K and P Clearwater Estate, LLC (the property owner) and the City of Clearwater (Case No. DVA2008-
00001)and adopt Resolution 08-14.
10 Attachments
8. Second Readings - Public Hearing
8.1 Adopt Ordinance No. 7994-08 on second reading, amending the Zoning Atlas of the city by rezoning
certain property whose post office address is 2855 Gulf-To-Bay Boulevard, from Medium Density
Residential (MDR) to Medium High Density Residential (MDHR).
1B Attachments
8.2 Adopt Ordinance No. 8007-08 on second reading, amending Chapter 22 to clarify definitions, modify
park hours and update the regulation of beaches, park property and the Courtney Campbell Causeway.
1B Attachments
8.3 Adopt Ordinance No. 8016-08 on second reading, amending the Comprehensive Plan of the city by
amending the Capital Improvements Element, making corrections and modifications pursuant to the
updated schedule of the City of Clearwater's FY 2008/09 through 2013/14 Capital Improvement Program
Budget adopted on September 18, 2008, and updating the reference in Policy 32.7.6 to the School
Districts Five-Year Work Program of FY 2008-09 through 2012/13 as adopted by the School Board on
September 9, 2008.
1B Attachments
City Manager Reports
9. Other items on City Manager Reports
9.1 Re-appoint Harvey Huber to the Board of Trustees, Clearwater Police Supplementary Pension Fund.
1B Attachments
9.2 Ratify and confirm change order 1 to R. Krueger Construction Company, Inc. of Oldsmar, Florida for the
"Clearwater Community Sailing Center Expansion Project" (07-0040-MA)increasing the contract amount
by $39,759.71 for a new contract total of $309,039.71, approving a time extension of sixty (60) days and
authorize the appropriate officials to execute same.
1B Attachments
9.3 Accept a perpetual twenty-five foot Drainage and Utility Easement over, under, across and through a
portion of the West 1/2 of the Southeast 1/4 of Section 21, Township 29 South, Range 15 East, Pinellas
County, Florida, conveyed by 1573, LLC, a Florida limited liability company, given in consideration of
receipt of $1.00 and the benefits to be derived therefrom.
LB Attachments
9.4 Approve a Contract For Purchase of Real Property with Nailen Properties/GGG, LLP, for a portion of
Countryside Village Square Lot 2 containing 937.63 square feet, more or less, in the amount of
$24,218.98 plus estimated transaction expenses not to exceed $750, and authorize appropriate officials to
execute same, together with all instruments required to effect closing.
10 Attachments
9.5 Approve two Supplemental Engineering Work Orders to Tampa Bay Engineering Group, Inc., (EOR) of
Clearwater, Florida, for additional engineering design services for the relocation of existing potable water,
reclaimed water and sanitary sewer facilities impacted by the Florida Department of Transportation's SR
55 (US 19) from Whitney Road to south of Seville Boulevard project in the amount of $36,630, for a new
value of $167,625, and SR 55 (US 19) from south of Seville Boulevard to north of SR 60 project in the
amount of $31,025, for a new value of $198,480, and that the appropriate officials execute same.
10 Attachments
9.6 Accept a perpetual 294.46 square foot landscaping and utilities easement over, under, across and upon a
portion of Lot 2, CLEARWATER TOWER, 33 North Garden Avenue, conveyed by Wilder Corporation
of Delaware in consideration of receipt of $1.00 and the benefits to be derived therefrom.
1B Attachments
9.7 Deny request from Arnold Brown Properties for the City to release grantor's right to repurchase parking
lot on the south side of Drew Street between S. Osceola and N. Fort Harrison Avenues and authorize staff
to repurchase the property in accordance with the contract in the amount of $202,000, plus closing costs
estimated at $3,000 to be purchased from 0315-92647-560100-545-000-0000, Arnold Brown Property, to
be funded from unreserved retained earnings in the Parking Fund and authorize the appropriate officials to
execute same.
1B Attachments
9.8 Approve Standard Agreement Form to be used with the various Senior Adult Co-Sponsor Groups and the
City of Clearwater and authorize the City Manager and/or his designee to approve such agreements.
1B Attachments
9.9 Approve a contract with the Pinellas County School Board (PCSB) to purchase real property identified as
Pinellas County Parcel 32-28-16-00000-410-0100 containing 27 acres more or less, more commonly
known as "Lake Chautauqua Equestrian and Nature Preserve", for $3,645,000 plus estimated closing
expenses not to exceed $50,000, for a total cost not to exceed $3,695,000, approve funding the City
portion of $2,217,000 from Recreation Facility Land Impact Fees ($1,206,100) and Open Space Impact
Fees ($1,010,900) to be transferred at first quarter to CIP 315-93601, and authorize appropriate officials
to execute same, together with all other instruments required to effect closing.
19 Attachments
9.10 Approve agreement with Matrix C G, Inc d/b/a Matrix Consulting Group, Ltd in the amount of $107,000
to perform efficiency review of Clearwater Police Department, in accordance with Code Section 2.564(d),
other governmental bid (City of St. Petersburg RFP 6474, Request for Proposal for Consulting Services,
Management Evaluation of Police Department issued July 17, 2006) and authorize the appropriate
officials to execute same.
1B Attachments
9.11 Approve the 2009 State Legislative Package
LB Attachments
Miscellaneous Reports and Items
10. City Manager Verbal Reports
10.1 City Manager Verbal Reports
1B Attachments
11. Council Discussion Items
11.1 City Manager and City Attorney Salary Comparison
LB Attachments
12. Other Council Action
12.1 Other Council Action
LB Attnchmentc
13. Adjourn
' l City Council Agenda
Council Chambers - City Hall
Meeting Date: I 1/ 18/2008
SUBJECT / RECOMMENDATION:
American Red Cross Presentation - Anna Trefethen, CEO American Red Cross, Tampa Bay Chapter
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 1
' l City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Jazz Holiday
SUMMARY:
Review Approval: 1) Clerk
Meeting Date: I 1/ 18/2008
Cover Memo
Item # 2
' l City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
World Triathlon Presentation
SUMMARY:
Review Approval: 1) Clerk
Meeting Date: I 1/ 18/2008
Cover Memo
Item # 3
' l City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Citizens Academy Graduates
SUMMARY:
Richard Adelson
Jennifer Arko
Carol Byrd
Debra Gregory
Sioux Hart
Spurgeon Hill
Ron Minhas
Ray Shaw
Jeff Souers
Angelica Vrondos
Claudia Allen
Joseph Blakely
Valerie Gallina
Michael Grohman
Lillie Henry
Michael Londrigan
Clive Newcomb
Diana Shields
Mary Valor
Henrietta Wright Lloyd
Review Approval: 1) Clerk
Meeting Date: I 1/ 18/2008
Cover Memo
Item # 4
' l City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
We Care Fund - Jim Geary
SUMMARY:
Review Approval: 1) Clerk
Meeting Date: I 1/ 18/2008
Cover Memo
Item # 5
' l City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
State of the City Presentation - City Manager
SUMMARY:
Review Approval: 1) Clerk
Meeting Date: I 1/ 18/2008
Cover Memo
Item # 6
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' l City Council Agenda
Council Chambers - City Hall
Meeting Date: I 1/ 18/2008
SUBJECT / RECOMMENDATION:
Approve the minutes of the November 6, 2008 City Council Meeting as submitted in written summation by the City Clerk.
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 7
Attachment number 1
Page 1 of 16
CITY COUNCIL MEETING MINUTES
CITY OF CLEARWATER
November 6, 2008
Unapproved
Present:
Frank Hibbard
George N. Cretekos
John Doran
Carlen Petersen
Paul Gibson
William B. Horne II
Jill S. Silverboard
Rod Irwin
Pamela K. Akin
Cynthia E. Goudeau
Rosemarie Call
Mayor
Vice-Mayor
Councilmember
Councilmember
Councilmember
City Manager
Assistant City M;
Assistant City M;
City Attorney
City Clerk
Management An
The Mayor called the meeting to order at 6:00 p.m
offered by Reverend Willy Rice of Calvary Baptist Churc
Allegiance.
To provide continuity for research, ite
necessarily discussed in that orderer I
4 - Presentations:
14 - 16, 2008
(Robert Aude, Chair)
rector Kevin Dunbar reviewed route information.
IFPolice House Fire Rescue Team, Officers Davis Marshall, Christopher
iley and Nicholas Giordano.
5.1 Approve the minutes of the October 15, 2008 City Council Meeting, as submitted in written
summation by the City Clerk.
Council 2008-11-06
Item # 7
Attachment number 1
Page 2 of 16
Councilmember Petersen moved to approve the minutes of the October 15, 2008, City
Council Meeting as recorded and submitted in written summation by the City Clerk to each
Councilmember. The motion was duly seconded and carried unanimously.
6 - Citizens to be Heard re Items Not on the Agenda
John Wiser said a history of Countryside is being compiled..
Rev. Floyd Irwin expressed concerns regarding people being falsely im
Duke Tieman thanked Council and staff for the support and frie
last 10-months as he and his wife recovered and rebuilt their home aft(
Public Hearings - Not before 6:00 p.m.
7 - Administrative Public Hearings
updating the reference to the School District's Fiv ork as adopt
e
School Board on September 9. 2008 and Dass ce 8016-08 t readina.
As per Florida State Statu
Comprehensive Plan to updatel-
provemenq
W55mprehensive
of the Capital Im
¦aaram. i r
? mmun
The amendme(1
to the updated schedul
required update to the
rogram of FY2008/09
08.
e
(Cl d to the
e dates hoot Dist ict's
vital Impro ement (CIE)
ities sup d e
city's m five-year) schedule
1) Corrections and modifications to the CIE pursuant
get adopted on September 18, 2008 and 2) The
nce to the School District's Five-Year Work
pted by the School Board on September 9,
The following izes the corrections and modifications that are being made to the
ith Compre Ian page numbers included): 1) Capital Improvements Summary
( 1): De us eight examples of CIP projects from FY1999/00 budget and
up s of five CIP projects for FY2008/09 through FY2013/14 (six-year CIP
pro ed by Ordinance 8006-08 on September 18, 2008); 2) Policy 32.1.2 (page 1-2),
modi dd the City's six-year Capital Improvement Program (CIP) schedule to the element
as "Sc edule I-A"; and 3) Policy 32.7.6 (page I-10), relative to the updated School District's
Five-Year Work Program, is updated to "FY 2008/09 through FY2012/13", as approved by the
School Board on "September 9, 2008."
The Community Development Board reviewed proposed Ordinance 8016-08 on October
21, 2008 and recommended approval at first reading of the ordinance by the City Council on
Council 2008-11-06
dment
pwm m prmmme
3udget and to u
sntal purpose
to fund the pu
rent with the
W) budget.
2
Item # 7
Attachment number 1
Page 3 of 16
November 6, 2008. Second reading of the ordinance is scheduled for November 18, 2008 to
meet the December 1, 2008 state deadline. The statutory requirements call for each local
government to adopt amendments to its comprehensive plan, making corrections and
modifications pursuant to the updated schedule of the annual adoption to the (minimum five-
year) capital improvement program budget by December 1st of each year. This amendment is
exempt from the twice a year limitation for large-scale amendments.
Councilmember Cretekos moved to approve amendments to the Clearwater
Comprehensive Plan to update the Capital Improvements Element, making correctio nd
modifications pursuant to the updated schedule of the City's Capital Impro t Pr
Budget adopted on September 18, 2008, and updating the reference to I D
Five-Year Work Program as adopted by the School Board on Septem 08. Th
was duly seconded and carried unanimously.
Ordinance 8016-08 was presented for first reading and read by ti
Councilmember Gibson moved to pass Ordinance 8016-08 on first read' otion
duly seconded and upon roll call, the vote was:
"Ayes": Cretekos, Petersen, Doran, Gibs
"Nays": None.
8 - Quasi-judicial Public Hearings
8
Cf a o ec. 17-29-16 a ss Ordinan on first
07)
PPP'
This Zonin mend plication invo of approximately 28.35
acres in area locate imatel et southwest ection of Gulf-to-Bay and
Cross boulevards. Th rty has re Land Use Plan (FLUP) classification of
Residential Medium (R a zonin nation of Medium Density Residential (MDR). The
applicant is requesting t d the Zo las from the MDR designation to the Medium
Vigh Density Residential R) design
The Planning D ent determined that the proposed rezoning application is
6ted t with the fol tandards specified in the Community Development Code: 1) The
reild on is consistent with the Comprehensive Plan; 2) The proposed use
i iblrounding area; 3) Sufficient public facilities are available to serve the
pr cations will not have an adverse impact on the natural environment; and 5)
The aries a re appropriately y drawn.
'rhe Community Development Board reviewed this application at its public hearing on
October 21, 2008, and recommended approval.
In response to a question it was confirmed the density allowed would not be changed.
Council 2008-11-06 3
Item # 7
Attachment number 1
Page 4 of 16
Councilmember Petersen moved to approve a Zoning Atlas Amendment from Medium
Density Residential District (MDR) to the Medium High Density Residential (MHDR) District for
property located at 2855 Gulf-to-Bay Boulevard (consisting of a portion of Sec. 17-29-16). The
motion was duly seconded and carried unanimously.
Ordinance 7994-08 was presented for first reading and read by title only.
Councilmember Doran moved to pass Ordinance 7994-08 on first reading. The motion was duly
seconded and upon roll call, the vote was:
"Ayes": Cretekos, Petersen, Doran, Gibson, and Hibbard.
"Nays": None.
9 - Second Readings - Public Hearing
.1. Adopt Ordin
ina. annexina certain
include said addition.
Ordinance 7890-07 was presented for sec ing an by title on
Councilmember Doran moved to pass and adop ance 7890- econd a
reading. The motion was duly seconded u II call, the v
"Ayes": C
None'
Hercules Avenue. u
Ordinance 7891
incilmember Cretek
ding. The motion w
"Ayes"
bs
on i?City of Clearwater. as Industrial Limited (IL).
present econd reading and read by title only.
sd to pass opt Ordinance 7891-07 on second and final
seconded a upon roll call, the vote was:
Petersen, Doran, Gibson, and Hibbard.
ne.
abutti n Trig ht-of-way of North Hercules Avenue, upon annexation into the City of Clearwater, as
Industrial, Research and Technology (IRT).
Ordinance 7892-08 was presented for second reading and read by title only.
Councilmember Petersen moved to pass and adopt Ordinance 7892-08 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
Council 2008-11-06
4
Item # 7
Attachment number 1
Page 5 of 16
"Ayes": Cretekos, Petersen, Doran, Gibson, and Hibbard.
"Nays": None.
9.4. Adopt Ordinance 7998-08 on second reading, amending the Code of Ordinances, Appendix
A, Schedule of Fees, Rates and Charges, Section XXVI, Clearwater Gas System Fees, Rates
and Charges, to revise rates for Clearwater Gas System customers.
Ordinance 7898-08 was presented for second reading and read
Councilmember Doran moved to pass and adopt Ordinance 7898-08 of
reading. The motion was duly seconded and upon roll call, the vote wq
Petersen, Doran, Gibson, and Hibbard.
Motion carried.
Ordinance 8000-08 was presented for
Councilmember Cretekos moved to pa nd
reading. The motion was duly secoid
of Clearwater. as
presente cond reading and read by title only.
to pass an adopt Ordinance 8001-08 on second and final
seconded and upon roll call, the vote was:
Petersen, Doran, Gibson, and Hibbard.
Ordinance 8002-08 was presented for second reading and read by title only.
Councilmember Petersen moved to pass and adopt Ordinance 8002-08 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
Council 2008-11-06
5
Item # 7
into the City of Clearwater, as Low Density Residential (LDR).
Attachment number 1
Page 6 of 16
"Ayes": Cretekos, Petersen, Doran, Gibson, and Hibbard.
"Nays": None.
9.8. Adopt Ordinance 8008-08 on second reading, annexing certain real property whose post
office address is 1705 Grove Drive, along with the abutting right-of-way, together with the
abutting right-of-way of 1709 Grove Drive and 2770 State Road 590, into the corporate limits
the citv and redefinina the boundarv lines of the citv to include said addition.
Ordinance 8008-08 was presented for second reading and read ly.
Councilmember Doran moved to pass and adopt Ordinance 8008-08 o nd and
reading. The motion was duly seconded and upon roll call, the vote w
"Ayes": Cretekos, Petersen, Doran, Gibson, and Hibbard.
"Nays": None.
office address is 1705 Grove Drive, along wi
ina riaht-of-wav of 1709 Grove Drive and 27
Ordinance 8009-08 wa r r sEWM d
WM"I Cretekos m ss and adopt O
was dull ed and upon rol,
Doran, Gi
"Na
toe ith the
nnexat the
Rf rea only.
8009-08 nd and final
vote wa
d Hi
10. Ado t Ordinance 8 on se adin amending the Zoning Atlas of the city
min certain real ro ose ost ddress is 1705 Grove Drive along with the
)uttin ri ht-of-wa to with the a ri ht-of-wa of 1709 Grove Drive and 277(
to Road 590, upon a ion into the it of Clearwater, as Low Medium Densit
idential LMDR .
Ordinance as presented for second reading and read by title only.
emb oved to pass and adopt Ordinance 8010-08 on second and final
was duly seconded and upon roll call, the vote was:
"Ayes": Cretekos, Petersen, Doran, Gibson, and Hibbard.
"Nays": None.
9.11. Adopt Ordinance 8011-08 on second reading, annexing certain real property whose post
office address is 1219 Union Street, together with the abutting one half of right-of-way of Union
Council 2008-11-06
6
Item # 7
Attachment number 1
Page 7 of 16
Street, into the corporate limits of the city and redefining the boundary lines of the city to include
said addition.
Ordinance 8011-08 was presented for second reading and read by title only.
Councilmember Petersen moved to pass and adopt Ordinance 8011-08 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Cretekos, Petersen, Doran, Gibson, and Hibbard.
"Nays": None.
Union Street upon annexation into the City of Clearwater, as Residentia
Ordinance 8012-08 was presented for second reading and rea
Councilmember Doran moved to pass and adopt Ordinance 8012-08 on ec final
reading. The motion was duly seconded and upon roll c?Jwas:
"Ayes": Cretekos, Petersen, Doran , an
"Nays": None.
ht-of-w ion
Resident R).
Ordinance 19
Councilmember Cret
reading. The motion
"Ayes":
"Nays":
dopt Ordinan
Purchase PA
was p d for second
oved to nd adopt Or
lky secon d upon roll call,
rW08 .
by title only.
on second and final
vote was:
n, Gibson, and Hibbard.
F08 on second reading, ad
n and submittin
the Second Restatement of the
ment
e 8017-08 was presented for second reading and read by title only.
CouTn err Gibson moved to pass and adopt Ordinance 8017-08 on second and final
readhe m otion was duly seconded and upon roll call, the vote was:
"Ayes": Cretekos, Petersen, Doran, Gibson, and Hibbard.
"Nays": None.
Council 2008-11-06
7
Item # 7
Attachment number 1
Page 8 of 16
9.15. Adopt Ordinance 8018-08 on second reading, amending and restating the City of
Clearwater Premium Payment Plan and the City of Clearwater Cafeteria Plan to comply with all
legislative changes required by law and repealing all conflicting ordinances.
Ordinance 8018-08 was presented for second reading and read by title only.
Councilmember Petersen moved to pass and adopt Ordinance 8018-08 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Cretekos, Petersen, Doran, Gibson, and Hibbard.
"Nays": None.
Bay Boulevard, to November 18, 2008. (REZ2008-07007)
Councilmember Petersen moved to continue Item 9.16 to Nove 08. The
motion was duly seconded and carried unanimously.
parking, to December 4, 2008.
Councilmember Doran moved to continu
was duly seconded and carried unanirj2 y ly. i
17 to Dec?4, 2008
n
City Manager Reports
a - Apps Submitted
to the new capital p
from City project 31
proceeds, and trans
RA funds as the
A rove the c
2007108. (con
Streetscape - Phase II, transferrinc
aoe. recoanizina $196.000 of HUD
(consent)
000
sent)
10.4. ATprove a donation to Clearwater Homeless Intervention Project, Inc. (CHIP
of 2008/2009 operations in the amount of $100,000. (consent)
nai
10.5. Approve the transfer of $15,909.89 received from Clearwater Housing Authority for
payment in lieu of taxes to the Clearwater Homeless Intervention Project, Inc. (CHIP). (consent)
Council 2008-11-06 8
Item # 7
Attachment number 1
Page 9 of 16
10.6. Award a Contract (Purchase Order) to C and CE Equipment of Cary, North Carolina for
the purchase of one John Deere 5425 Tractor per quote 76244 at a cost of $31,748.88 in
accordance with Sec. 2.5640)(d), Code of Ordinances - Other governmental bid, authorize
lease purchase under the City's Master Lease Purchase Agreement, declare G2499, 2002 John
Deere 5420 Tractor as surplus to the needs of the City for trade-in and authorize the appropriate
officials to execute same. (consent)
amount of $200,000 for the purchase of replacement vehicle
Departments during the contract period November
accordance with Sec. 2.564 (1)(d), Code of Ordina
authorize the appropriate officials to execute same
7, 2008 thi
ices - City
(consent)
its utilized b all C
a h Nove
Tampa F
service of energy saving equipment in the Lon Center for $2,445,000 in with
2.564 1 d Code of Ordinances - Other governmental bid and authori
execute same. (consent)
lots along Coronado Drive and authorize appro
PP' CouncilhI
appropriate offici
unanimously.
11 - Other items on C
n ml approve the
prize cute same.
ager
Fsubmitted and that the
ly seconded and carried
%toth e Code of O es Chapter 22 regulating Parks, Beaches and Recreation was last
on Janu 05, when Section 22.24 was amended by adding the hours of
for ark in the Code of Ordinances; requiring at least one prominently
ed at each park stating the hours of operation; and providing an exception
rs whichwould allow a permit to be issued by the Department or the City
Mana also amended Section 22.33, deleting reference to park hours due to a revision of
applica le hours at Courtney Campbell Recreation Area.
Other than this change, Chapter 22 has remained basically the same for the past 25
years and served the City and citizens well. However, due to the longevity of these rules an
update of several of the sections are needed to address some of the new issues law
enforcement and Parks and Recreation staff currently face.
Council 2008-11-06
s to?? same.(
9
Item # 7
Attachment number 1
Page 10 of 16
For the safety and welfare of the public, staff recommends that the ordinance be
amended: 1) Section 22.21 Definitions: Clarification of the definition of "Public Nudity" as
defined in Chapter 21. Clarification of definition of "Person"; 2) Section 22.24 Authority to
regulate beaches, park property, and the Courtney Campbell Recreation Area: Corrected park
hours at several parks. Added language to protect park property and facilities from persons
parking vehicles on park property and leaving the premises or parking and then not using the
facility as intended; 3) Section 22.28 Protection and preservation of property: Added language
to protect not only park buildings but also other park facilities. -Added language to all or
metal detectors at parks by permit only. Added a new paragraph to prese pr
archaeological and historic sites found on parks. Prohibit persons from er to
fountains, hose bibs and sinks for bathing. Added paragraph to streng e protect
wooden structures and trees from persons using nails, tacks and stapl Section
Refuse and trash: Strengthened this section to prohibit persons from b tra
and depositing in City trash containers; 5) Section 22.31. Protection and of wi
Strengthened section by adding new paragraph to prohibit persons fro r petting a
feral or wild animal on park property; 6) Section 22.33. Bathing and s s and the
Courtney Campbell Recreation Area: Added a paragraph to protect lifeg and station and
equipment from public use. Added a paragraph to prohi rom wash r pets in
swimming areas and/or other public waters; 7) Secti Strength is section
by adding paragraph that fishing will be in accord he h & Wildli
Conservation Commission and the State Depart f Environm otection r d
regulations. Prohibited use of cast net fishi fresh water aragraph g
persons to dispose of unwanted fis opri ceptacl ishing fro nto
public bathing and swimming a [&a ion . Do nima ed paragr
allo ash at Cres Park and Enter g Park. d a paragraph
al of pet on on park prop Section 2 g: Added
erson fr ing a vehicle i parking" o ricted use zone
park propert tion 22. ganized activi otenti ngerous games:
Added language to the us eeled device roller skates and in-line
skates except in the et asid t purpose. A aph to clarify and prohibit
persons from trespass athletic hat have been posted by permit only without a valid
permit; 11) Section 22. chandis nding, peddling: Included words "food or drink of
any kind" as items that c be sold o andised on park and beach properties; and 12)
kection 22.61. Trails: Ad entirely n tion to address some of the needs of the new
Screational trails within t rks system.
Specific new p hs address the following: 1) What vehicles can be used on the trail
2) Speed ersons should use when on the trail; 3) Manner in which a person
s se o Defined word "travel" on the trail; and 5) Traffic rules and control
de rail.
ding this Ordinance will provide a tool that can be used by City law enforcement
officers -to more effectively patrol City parks and enforce the rules and regulations at each park.
Concerns were expressed that the ordinance prohibits tossing a ball with a child in a
park. It was noted that the provision is needed in order for the police to address problem
situations and the police are able to use discretion in whether to enforce.
Council 2008-11-06 10
Item # 7
Attachment number 1
Page 11 of 16
Councilmember Gibson moved to amend numerous sections of Chapter 22 of the City of
Clearwater Code of Ordinances relating to Parks, Beaches, and Recreation. The motion was
duly seconded. Councilmembers Petersen, Doran, Gibson and Mayor Hibbard voted "Aye" and
Councilmember Cretekos voted "Nay." Motion carried.
Ordinance 8007-08 was presented for first reading and read by title only.
Councilmember Petersen moved to pass Ordinance 8007-08 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Petersen, Doran, Gibson, and Hibbard.
"Nays": Cretekos.
17, 2008 through
Manaaement Sei
P
Motion carried.
ber 30, 2013, between the
CMS). for the use and SLID
of Clearwater
ision
and authorize the appropriate officials to execute same. (consent)
The African American Leadership Council, Inc
the MLK (Martin Luther King) center since Septembe
lost the majority of their operating funds for FY (Fi r
agreement with the City on October 22, 2008. T eemer
County School Board relating to the Ma
jja Luth g prope
This agreement will all
the P' my Juvenile4
wining, family li
c
health care system,
and support of com
to operate and superv
k
es a
Provide facilitation and of col
co-sponsor groups the o nity to
due to th hat they
Le ity ter
City an their
las
Decemb 011.
CoWl?lana
F
"
s ervic ch is fund
) to continu
oar
d ing quali ms and
munity at the uther King me services
but not be Ii parental ups and skills
nseling, child ment es, liaison to the
ome visits), or programs, facilitation
ctivities; 2) Pr y personnel and volunteers
ial programs a t the center and surrounding area; 3)
meetings, activities, voting, and allow all current
o to use the c enter under current conditions.
P(Pinellas anagement`Services, Inc.) will be required to provide an annual
f activities
consi f the number of clients served, costs of such service, commentary
iability, effecti ,and trends affecting the program, and success of same.
%CMS
ting of fun d from the City for these programs will be required. In addition,
ill be for all daily maintenance of the facility and will pay all operating
with the Center including but not limited to electric, water, sewer, solid
pster, custodial, and minor interior building maintenance.
'rhe City will provide the following funding and in-kind services: 1) An operational grant
of $87,300 will be prorated to $76,200 to be paid in three installments for FY 2008/09. Grants
for future years are subject to annual budget approval by the City Council, but also will be paid
in three installments; 2) Lawn and landscape maintenance for all areas around the Youth
Center; and 3) Maintenance for all major capital components of the building, to include air-
conditioners, roof, plumbing, electrical, etc.
Council 2008-11-06 11
rams t
,
nc
tingti
Item # 7
Attachment number 1
Page 12 of 16
It should be pointed out that PCMS manages a majority of JWB (Juvenile Welfare
Board) grant funded programs and facilities and provides the oversight necessary for the
operators of the facility to be successful and meet JWB requirements. It has been reported that
Jai Hinson, Executive Director of Life Force, may be hired by PCMS to run the programs at MLK
center.
Councilmember Cretekos moved to approve a 5-year Partnership, Operational
and Funds Agreement from November 17, 2008 through September 30, 2013, betwe
of Clearwater and Pinellas Core Management Services (PCMS), for the us su
the Martin Luther King Center and authorize the appropriate officials to am
motion was duly seconded and carried unanimously.
11.3. Citizens Survey Presentation - Doug Matthews,
In his November 4, 2008 memorandum, Public Communication
Matthews reported the Public Communications Department had recent
City's 2008 Citizen Survey, conducted as part of the National Citizen S
administered by the National Research Center (NRC) in
chose the NCS as part of the organizational efforts t
measurement. This survey is administered to rou ocal
country, providing a snapshot of Clearwater's pe nce relative
where possible, relative to previous Cit rvey e survey w
the months of August and Septemb 08 t dom s
community. Previous surveys v ndu via t . Re
i9166EO ys, f se rate of 29%. results v
pating ities, and ranke nst all com
- 150. The new surve s more of a
F6mmunity char
change in survey
previous surveys in
Key findings:
CLEARWATER AS A
- 83% of respond
of respondents sai
marks.
in ad
;rjurisdic nd
tered by ing
ents thro the
e based tal
hmarke
imilar si
b
d ze to
roa
er
u
As a result of the
pare results from
id that CleaTwater was a "good" or "excellent" place to live, and
me of their neighborhoods. These were consistent with
- 75% of re s rate the overall quality of life in Clearwater as "good" or "excellent,"
cks benchmarks and is similar to results from the 2006 survey (80%).
ding community cleanliness (64%) and quality of the natural environment
(61 ° national benchmarks.
en asked if Clearwater was moving in the right direction, only 47% responded
positiv y, compared with 66% in the 2006 survey. This was below benchmark scores, and was
quite likely affected in part by the budget reductions that were taking place at the time of the
survey
QUALITY OF SERVICE
Council 2008-11-06
12
Item # 7
Attachment number 1
Page 13 of 16
- Seven out of ten Clearwater residents (70%) rate the overall performance of the City in
providing services as "good" or "excellent." This figure is virtually unchanged from the 67% of
residents who responded positively in 2006. This tracked similarly with national benchmarks.
- Only 48% of those surveyed viewed the value received for their City taxes positively,
which could be a reflection of the larger property tax debates taking place locally and around the
state. This ranked below the national benchmark.
COMMUNITY SAFETY
- Most respondents (92%) felt safe in their neighborhoods durini,
to 71 % at night. These numbers tracked with national benchmarks.
- 77% of respondents felt safe in the downtown area during thel
dropped to 35% at night, both below national benchmarks.
- 64% of respondents indicated feeling safe against violent crim
53% indicated feeling safe against property crimes. While the property
with other benchmark communities, the violent crime numbers are abol
CIVIC INVOLVEMENT/INCLUSIVENESS
(47%),
- Fewer than 50% of respondents felt that
which was below benchmark scores.
- When asked if the community pts
positively. This was consistent withI be
TER
PP' Resident
current site of the F
emphasis on retail
to favor retail while
CONCLUSIONS
It is apparent th
es and reductions I
Lent tone in this y
Wed to a newA
opment o esupport on the
Dondents c otion that placed an
ry uses. Nei ser to downtown tended
town tended to favor a mostly residential option.
ng housing Market, increased contention over development
ted from property tax reductions have all contributed to a
mmunity survey. While differences in some responses can be
ethodology, there are clearly themes within the data that can help
and decisions in the future.
IF' rates two aspects of life in the city: Services and Characteristics. In terms of
servi arwater almost universally performs consistent with or above national benchmarks.
In eval ating the results, three of the four areas ranking below benchmark scores can all be
related to growth and redevelopment, (water, economic development, traffic enforcement, traffic
signalization) while another (public parking) is a well-known issue in the community. The only
other service to score below benchmarks was fire prevention and education, an area that has
seen significant reduction in the last two budget years. Scores on community characteristics,
though, generally fell equal to or below benchmarks with the exception of quality of life aspects
Council 2008-11-06 13
Item # 7
Attachment number 1
Page 14 of 16
like recreation and culture. Many of these characteristics are not influenced solely by the City
government, and could require broader partnerships with community organizations in order to
influence them. An interesting trend in the data is that residents between 35 and 54 generally
feel less positive about the community than younger and older residents.
It is evident from the data that citizens are generally happy with City services, but
continue to have reservations about redevelopment and their role in redevelopment decisions. It
also is clear that downtown neighborhoods continue to have pressing needs in the are s of
community safety and involvement that require focused, long-term support. Overall, t NCS
provides an abundance of data and a good launching point for future strat nn' d
performance management discussions. & 'A
Discussion ensued. Concerns were expressed regarding Court being
change in the survey process and not seeing the questions prior to the bed
Miscellaneous Reports and Items
12 - City Attorney Reports
12.1 Authorize assumation of the contracts to Duraltvl?r and the -buildin
m or unaersianain
ume th ase contracts f (purchase e975,000) and
1 (purchase p 33
0 veland Street I purc id properties and
cover all closing co y
J th Eckerd Hal a and management
agreements similar t i
ng
a ent for the op th Eckerd Hall recognizing
however that it is not t j
tha subsidizethe ongoing operations of the Theater
following rehabilitation cility. kerd Hall estimates the total project cost to be
$14.2 million broken do ollows: 1 illion for purchase and closing costs, including
Kth Eckerd Hall out of p due diligeMWpenditures ($13,920.00); 2) $6.8 million for
nstruction and renovat d 3) $5 mill n for an endowment fund.
In addition, pr some performances in the Capitol/Royalty Theater during the ere-
ction peso generate interest in the project. During the pre-construction period,
erd e the facility from the City for $1 for each use. Ruth Eckerd Hall will be
re is associated with each event, including staffing, set up and clean-up.
The e0 ach event will be split equally between the City and Ruth Eckerd Hall. The
City st Ruth Eckerd Hall in getting the facility ready for use prior to commencement of
remod ing. The City will advance/provide funding following closing not to exceed $250,000 (to
be netted from the above cost estimates from the City's/public funding total of $6.2 million) for
cleaning the theater, clearing the theater of unwanted and unnecessary debris and clutter,
purchasing stage, lighting, sound and projection equipment and other necessary items to
ensure a comfortable and safe environment with adequate equipment to be able to mount
performances. Equipment purchased would be able to be used in the final project. Ruth Eckerd
Council 2008-11-06 14
Item # 7
Attachment number 1
Page 15 of 16
Hall would carry appropriate insurance up to entertainment and performing arts industry
standards for such use of the theater and shall indemnify and hold harmless the City for any
losses that occur as a result of Ruth Eckerd Hall's use of the theater. Ruth Eckerd Hall will
accept responsibility for the construction and not seek any additional funding beyond what is
stated in this document for the construction and renovation of the theater and the adjacent
building. In raising endowment funds, it is the intent for Ruth Eckerd Hall to operate the facility
without any ongoing annual subsidy from the City. Funding will be provided by the transfer of
$2.65 million from the unappropriated retained earnings of the Special Development Fgnd to
establish a new capital improvement project at first quarter. _
In response to questions, Finance Director Margie Simmons sail
funds cannot be used until a public hearing is held. She recommende
funds from the Special Development Fund and transfer Penny funds a
Assistant City Manager Rod Irwin said additional CRA monies used to
come from Tax Increment Financing proceeds. Consensus was to hold
future meeting to allocate Penny II funds for purchase of Royalty TheatE
Discussion ensued. It was stated that the City would not enter
agreement until Ruth Eckerd Hall completes fundraising
Thirteen individuals spoke in support and
Royalty Theater.
Council members noted
forward is in the best long-term
Pre City and Ru
estimated closing
to Ruth Eckerd Hall
construction manager
seconded and carried
City Manager V
uncil D
Peter!
Loke
Hall
t to
d to authorize
; approve the
orize the appr
0,000, and a
costs includi
timated cost of
- None.
ng between
rS250,000 o purchase
me; authorize
to be paid
architectural and
on. The motion was duly
et Director Tina Wilson reviewed status of Penny II projects. Ms. Wilson said there
is $5 m ion in unallocated funds.
Staff was directed to add purchase of Royalty Theater for $2.4 million to the list,
schedule a public hearing regarding the change and schedule a meeting with the Morningside
Neighborhood Association regarding scaling back the proposed recreation center.
Council 2008-11-06 15
Item # 7
14.2. City Attorney Evaluation
AND
14.3. City Manager Evaluation
Councilmembers gave very positive evaluations of the City Attorney and City
Councilmembers reported on events in which they recently pa
upcoming events, congratulated Tampa Bay Rays for their post-seas
Philadelphia Phillies for winning the 2008 World Series and encourag
this weekend.
Councilmember Doran said the Florida Redevelopment As
Cleveland Street at awards luncheon.
Mayor Hibbard thanked Clearwater Jazz
Daughters of Italy relocated to St. Michael's Chu
Countryside Library. A
Council 2008-11-06
Attachment number 1
Page 16 of 16
16
Item # 7
' l City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Meeting Date: I 1/ 18/2008
Approve the applicant's request to vacate the 40-foot street right-of-way of Myrtle Avenue that lies along the West property lines
of Lot 1 and Lots 9 through 26 inclusive, Block "Y', Belmont Second Addition, (a.k.a. 801 Howard Street), subject to the retention
of a drainage and utility easement over the full width of the street right-of-way to be vacated and approve Ordinance Number
8015-08 on first reading, (VAC2008-02 Eggers-City of Clearwater),
SUMMARY:
• The applicant is seeking the vacation in order to eliminate the otherwise applicable setback requirement from a street right-
of-way to permit the future construction of a single family home on Lots 1 and 2 of said Block "Y', Belmont Second
Addition.
• The City of Clearwater has joined in this request to vacate the remainder of this unimproved street from the south property
line of Lot 1 to the northerly right-of-way line of Belleair Road.
• Two improved streets, Scranton Avenue to the east and Myrtle Avenue to the west are located nearby; accordingly no
future need for this street as a roadway is anticipated.
• Verizon, Bright House, Knology and Progress Energy have no objections to the vacation request.
• The City of Clearwater maintains stormwater facilities within the subject street portion but no other utilities are present at
this time.
• The Engineering Department has no objections to the vacation request provided that a drainage and utility easement is
retained over the full width of the street right-of-way to be vacated.
Review Approval: 1) Planning 2) Legal 3) Clerk 4) Assistant City Manager 5) Clerk 6) City Manager 7) Clerk
Cover Memo
Item # 8
Attachment number 1
Page 1 of 2
ORDINANCE NO. 8015-08
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, VACATING, THE FORTY-FOOT RIGHT-OF-WAY
OF MYRTLE AVENUE LYING ALONG THE WEST
PROPERTY LINES OF LOTS 1, AND 9 THROUGH 26
INCLUSIVE, BLOCK J, BELMONT SECOND ADDITION,
SUBJECT TO A DRAINAGE AND UTILITY EASEMENT
WHICH IS RETAINED OVER THE FULL WIDTH THEREOF;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Lucille R. and Sammie D. Eggers, owners of real property located in
the City of Clearwater, have requested that the City vacate the right-of-way depicted in
Exhibit A attached hereto; and
WHEREAS, the City Council finds that said right-of-way is not necessary for
municipal use and it is deemed to be in the best interest of the City and the general public
that the same be vacated; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The following:
40-foot right-of-way of Myrtle Avenue lying along the west property lines of Lots 1,
and 9 through 26 inclusive, Block J, Belmont 2n Addition as recorded in Plat Book
6, Page 88 of the Public Records of Pinellas County, Florida
is hereby vacated, closed and released, and the City of Clearwater releases all of
its right, title and interest thereto, except that the City of Clearwater hereby retains
a drainage and utility easement over the described property for the installation and
maintenance of any and all public utilities thereon.
Section 2. The City Clerk shall record this ordinance in the public records of
Pinellas County, Florida, following adoption.
Section 3. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
Ordinance NoltWM590
Attachment number 1
Page 2 of 2
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
Camilo A. Soto
Assistant City Attorney
Frank V. Hibbard
Mayor
Attest:
Cynthia E. Goudeau
City Clerk
Ordinance NoltWM590
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' l City Council Agenda
Council Chambers - City Hall
Meeting Date: I 1/ 18/2008
SUBJECT / RECOMMENDATION:
Continue 1 st reading and public hearing of Ordinance 7999-08, Downtown Parking, to December 4, 2008.
SUMMARY:
Review Approval: 1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk
Cover Memo
Item # 9
Attachment number 1
Page 1 of 3
ORDINANCE NO. 7999-08
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, MAKING
AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE BY
AMENDING SECTION 2-902, "FLEXIBLE STANDARD
DEVELOPMENT", "TABLE 2-902", AND SECTION 2-903, "FLEXIBLE
DEVELOPMENT", "TABLE 2-903", TO ADD A FOOTNOTE ALLOWING
A REDUCED PARKING REQUIREMENT FOR CHANGES OF USE
WITHIN THE DOWNTOWN (D) DISTRICT WHERE THERE ARE NO
EXISTING PARKING SPACES OR AVAILABLE LAND FOR THEIR
CONSTRUCTION; CERTIFYING CONSISTENCY WITH THE CITY'S
COMPREHENSIVE PLAN AND PROPER ADVERTISEMENT;
PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City of Clearwater recognizes that many existing buildings and
properties along Cleveland Street have no existing off-street parking spaces and that it may be
impossible in many circumstances for any off-street parking spaces to be constructed; and
WHEREAS, the revitalization of Downtown Clearwater and specifically Cleveland Street
has been determined to be critical to the City's overall health; and
WHEREAS, the City of Clearwater desires to support and facilitate the establishment of
new businesses within Downtown Clearwater; and
WHEREAS, the Community Development Board, pursuant to its responsibilities as the
Local Planning Agency, has reviewed this amendment, conducted a public hearing, considered
all public testimony and has determined that this amendment is consistent with the City of
Clearwater's Comprehensive Plan; and
WHEREAS, the City Council has fully considered the recommendations of the
Community Development Board and testimony submitted at its public hearing; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER,
FLORIDA:
Section 1. That Article 2, "Zoning Districts", Division 9, "Downtown District ("D")", Section
2-902, "Table 2-902", of the Community Development Code, be, and the same is hereby
amended to read as follows:
Table 2-902. "D" Flexible Standard Development Standards
Use Max. Height (ft.) Min. Off-Street Parking
Accessory Dwellings n/a n/a
Alcoholic Beverage Sales 30-50 3--5 per 1,000 GFA
Attached Dwellings 30-50 1-1.5 per unit
Convention Center 30-50 5 per 1,000 GFA
Indoor Recreation/Entertainment
Facility 30-50 3--5 per 1,000 GFA
Mixed Use 30-50 Based upon use requirements
-1-
Ordinance NoltM9*9
Attachment number 1
Page 2 of 3
Nightclubs 30-50 3--10 per 1,000 GFA
Offices 30-50 1--3 per 1,000 GFA
Overnight Accommodations 30-50 .75--1 per unit
Parking Garages and Lots 50 n/a
Parks and Recreation Facilities
50 1 per 20,000 SF or as determined by the community
development coordinator based on ITE Manual
standards
Places of Worship 30-50 .5--1 per 2 seats
Public Transportation Facilities 10 n/a
Restaurants 30-50 5--15 per 1,000 GFA
Retail Sales and Service 30-50 2-4 per 1,000 GFA
Sidewalk Vendors n/a n/a
Social and Community Centers 30-50 2-4 per 1,000 GFA
Utility/Infrastructure Facilities n/a n/a
(1) For those existing buildings/properties with frontage on Cleveland Street that are located between Osceola
Avenue and Martin Luther King, Jr. Avenue that have no existing off-street parking spaces, nor the ability
to provide any off-street parking spaces, the use(s) of the buildings/properties may be changed without the
off-street parking that would otherwise be required for the change of use being provided.
Section 2. That Article 2, "Zoning Districts", Division 9, "Downtown District ("D")", Section
2-903, "Table 2-903", of the Community Development Code, be, and the same is hereby
amended to read as follows:
Table 2-903. "D" District Flexible Development Standards
Use Max. Height (ft.) Min. Off-Street Parking
Alcoholic Beverage Sales 30-100 3--5 per 1,000 GFA
Attached Dwellings 30-100 1--1.5 per unit
Comprehensive Infill Redevelopment
Project
n/a Determined by the community development
coordinator based on the specific use and/or ITE
Manual standards
Educational Facilities 30-100 4/1000 GFA
Governmental Uses 30-100 3--5 per 1,000 GFA
Indoor Recreation/Entertainment
Facility 30-100 3--5 per 1,000 GFA
Limited Vehicle Sales and Display 30 2-4 per 1,000 GFA
Marinas and Marina Facilities 30 1 space per 2 slips
Mixed Use 30-100 Based upon use requirements
Nightclubs 30-100 3--10 per 1,000 GFA
Offices 30-100 1--3 per 1,000 GFA
Overnight Accommodations 50-100 .75--1 per unit
Public Facilities 30-100 1--2 per 1,000 GFA
Restaurants 30-100 5--15 per 1,000 GFA
Retail Sales and Service 30-100 2-4 per 1,000 GFA
Social/Public Service Agencies 30-100 3-4 per 1,000 GFA
-2-
Ordinance NoRM9*9
Attachment number 1
Page 3 of 3
Refer to Section
Telecommunication Towers
3-2001 n/a
Veterinary Offices, and or Animal 30 4 per 1,000 GFA
Grooming and Boarding
(1) For those existing buildings/properties with frontage on Cleveland Street that are located between Osceola
Avenue and Martin Luther King, Jr. Avenue that have no existing off-street parking spaces, nor the ability
to provide any off-street parking spaces, the use(s) of the buildings/properties may be changed without the
off-street parking that would otherwise be required for the change of use being provided.
Section 3. Amendments to the Community Development Code of the City of
Clearwater (as originally adopted by Ordinance No. 6348-99 and subsequently amended) are
hereby adopted to read as set forth in this Ordinance.
Section 4. The City of Clearwater does hereby certify that the amendments
contained herein, as well as the provisions of this Ordinance, are consistent with and in
conformance with the City's Comprehensive Plan.
Section 5. Should any part or provision of this Ordinance be declared by a court of
competent jurisdiction to be invalid, the same shall not affect the validity of the Ordinance as a
whole, or any part thereof other than the part declared to be invalid.
Section 6. Notice of the proposed enactment of this Ordinance has been properly
advertised in a newspaper of general circulation in accordance with applicable law.
Section 7. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
Leslie Dougall-Sides
Assistant City Attorney
Frank V. Hibbard
Mayor
Attest:
Cynthia E. Goudeau
City Clerk
-3-
Ordinance NoRM9*9
' l City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Meeting Date: I 1/ 18/2008
Approve amended and restated Development Agreement for property located at 100 Coronado, between K and P Clearwater
Estate, LLC (the property owner) and the City of Clearwater (Case No. DVA2008-00001)and adopt Resolution 08-14.
SUMMARY:
• The 2.75 acres is located directly south of Pier 60 between Coronado Drive and South Gulfview Boulevard, north of
Second Street.
• The subject property is currently vacant, but used as a temporary City public parking lot.
• On October 19, 2004, the Community Development Board (CDB) approved a Flexible Development application for the
construction of a 350-unit hotel with associated amenities and 75 attached dwellings as a mixed-use development
(FLD2004-02013 ).
• The City Council approved a companion Development Agreement on February 17, 2005 (Case No. DVA2004-
00001). These development approvals authorized the following:
• Use of 250 hotel rooms from the Beach by Design density pool;
• Maximum building height of 150 feet;
• Vacation of a portion of the right-of-way for Gulfview Boulevard between Coronado Drive and proposed Second Street;
• Vacation of the First Street right-of-way between Coronado Drive and Gulfview Boulevard;
• Dedication of right-of-way for proposed Second Street between Coronado Avenue and Gulfview Boulevard; and
• Dedication of right-of-way for Coronado Drive between proposed Second Street and Gulfview Boulevard.
• On May 17, 2005, the CDB approved a Flexible Development application amending the prior project to modify the location
of an elevated pedestrian walkway over South Gulfview Boulevard (FLD2004-02013A).
• On March 16, 2006, City Council approved an amendment to this original Development Agreement (DVA2004-00001A),
which dealt with issues associated with Beach Walk construction and the timing of the dedication of land for Relocated 1st
Street (to be known as Second Street once constructed), as well as for the construction of Relocated 1 st Street.
• On October 21, 2008, the CDB approved with 13 conditions of approval a Flexible Development application for the
construction of a 450-room overnight accommodation use (250-room hotel and 200-room timeshare) (FLD2008-05013).
• The proposal is in compliance with the standards for development agreements, is consistent with the Comprehensive Plan
and furthers the vision of beach redevelopment set forth in Beach by Design. The proposed Development Agreement will
be in effect for a period not to exceed ten (10) years and includes the following main provisions:
• Updates the provisions of the Development Agreement to current conditions, reflecting changes due to Beach Walk
construction and other surrounding conditions, as well as the current proposed development;
• Provides for the vacation of Parcel J (the area where the pedestrian bridge was previously located on the approved plan,
which is no longer proposed); gUpdates the public parking options to reflect the developer's option to pay in lieu of
providing the parking spaces on-site;
• Updates Exhibit M (Parking Protocol), due to the change in design of the project and responding to Staff concerns
regarding employee parking issues;
• Updates the developer's pro rata share of the Beach Walk construction to indicate what the developer has paid to date and
the remaining obligation to meet the prior commitment;
• The currently approved Development Agreement, along with the associated resort pool units, expires in 2015. This
proposed amended Development Agreement does not extend this date. It does propose to give the developer three years to
commence vertical construction and the opportunity to request a time extension from City Council extending through the
2015 date. The proposed amended Development Agreement also requires the City to consider (but not necgsari4 adopt)
amendments to the previously approved vacation ordinances that expire in March 2010 if vertical construction 0 not
commenced. Item # 1
• The Community Development Board reviewed this Development Agreement application at its public hearing on cto er
21, 2008, and unanimously recommended approval of the application (DVA2008-00001).
• Following the CDB meeting, there have been changes to the Agreement negotiated by the City Attorney. Specifically, The
Agreement has been changed to require commencement of the Project within three years and several other minor changes
related to timing of commencement and the ability to have Concession on the beach and the related documents and
provisions have been deleted.
Review Approval: 1) Legal 2) Clerk 3) Legal 4) Clerk 5) Assistant City Manager 6) City Manager
Cover Memo
Item # 10
Attachment number 1
Page 1 of 1
RESOLUTION NO. 08-14
A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA
APPROVING A FIRST AMENDED AND RESTATED
DEVELOPMENT AGREEMENT BETWEEN THE CITY OF
CLEARWATER AND K & P CLEARWATER ESTATE, LLC.;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Clearwater entered into a Development Agreement with K & P
Clearwater Estate, LLC that was adopted by the City Council on February 17, 2005, by
Resolution No. 05-13, amended by First Amendment to Development Agreement between the
City of Clearwater and K & P Clearwater Estate, LLC, adopted by the City Council on March 16,
2006 by Resolution No. 06-11; and
WHEREAS, the City of Clearwater and K & P Clearwater Estate, LLC are desirous of
amending and restating said Development Agreement; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The First Amended and Restated Development Agreement between the City
of Clearwater and K & P Clearwater Estate, LLC, a copy of which is attached as Exhibit "A," is
hereby approved.
Section 2. The City Clerk is directed to record the First Amended and Restated
Development Agreement with the Clerk of the Circuit Court in Pinellas County no later than
fourteen (14) days after it is executed. The applicant shall bear the expense of recording the
document.
Section 3. The City Clerk is directed to submit a recorded copy of the First Amended
and Restated Development Agreement to the State of Florida Department of Community Affairs
no later than fourteen (14) days after it is recorded.
Section 4. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this day of
2008.
Frank V. Hibbard
Mayor
Approved as to form:
Leslie K. Dougall-Sides
Assistant City Attorney
Attest:
Cynthia E. Goudeau
City Clerk
Resolution Note #410
To view attachment go to Laserfiche:
Click on Official Records - ORLS then
Click on Agreements then
Click on K then
Click on K and P Clearwater Estate LLC then
Click on FIRST AMENDED AND RESTATED AGREEMENT FOR DEVELOPMENT
OF PROPERTY
' l City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Meeting Date: I 1/ 18/2008
Adopt Ordinance No. 7994-08 on second reading, amending the Zoning Atlas of the city by rezoning certain property whose post
office address is 2855 Gulf-To-Bay Boulevard, from Medium Density Residential (MDR) to Medium High Density Residential
(MDHR).
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 11
Attachment number 1
Page 1 of 1
ORDINANCE NO. 7994-08
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE ZONING ATLAS OF THE CITY BY REZONING
CERTAIN PROPERTY LOCATED APPROXIMATELY 370 FEET
SOUTHWEST OF THE INTERSECTION OF GULF-TO-BAY
BOULEVARD AND CROSS BOULEVARD, CONSISTING OF A
PORTION OF PROPERTY LOCATED IN SECTION 17,
TOWNSHIP 29 SOUTH, RANGE 16 EAST, WHOSE POST
OFFICE ADDRESS IS 2855 GULF-TO-BAY BOULEVARD, FROM
MEDIUM DENSITY RESIDENTIAL (MDR) TO MEDIUM HIGH
DENSITY RESIDENTIAL (MHDR); PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the amendment to the zoning atlas of the City as set forth in this ordinance is
found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive
Plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following described property in Clearwater, Florida, is hereby rezoned, and
the zoning atlas of the City is amended as follows:
Property
See attached legal description
(REZ2008-07007)
Zoning District
From: Medium Density Residential (MDR)
To: Medium High Density Residential
(MHDR)
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.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
Leslie K. Dougall-Sides
Assistant City Attorney
Frank V. Hibbard
Mayor
Attest:
Cynthia E. Goudeau
City Clerk
Item # 11
Ordinance No. 7994-08
' l City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Meeting Date: I 1/ 18/2008
Adopt Ordinance No. 8007-08 on second reading, amending Chapter 22 to clarify definitions, modify park hours and update the
regulation of beaches, park property and the Courtney Campbell Causeway.
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 12
Attachment number 1
Page 1 of 13
ORDINANCE NO. 8007-08
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, RELATING TO PARKS; AMENDING
GENERALLY CHAPTER 22, PARKS, BEACHES,
RECREATION; CLARIFYING DEFINITIONS, MODIFYING
PARK HOURS, AND UPDATING THE REGULATION OF
BEACHES, PARK PROPERTY AND THE COURTNEY
CAMPBELL CAUSEWAY; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the Code of Ordinances currently empowers the city manager to
regulate the time, place and manner in which City park property is to be used and
enjoyed by the public; and
WHEREAS, it is beneficial and necessary to amend Code of Ordinance
regulations from time to time in the interest of the public health, safety and welfare and
for the preservation of public property; now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA;
Section 1. That Chapter 22 of the Code of Ordinances, City of Clearwater,
Florida, is hereby amended to read as follows:
Section 22.21. Definitions
Chapter 22
Parks, Beaches, Recreation*
Article II. Use Regulations*
Person shall be understood, as employed herein, to mean any individual regardless of
age or sex, or any corporation, company, association, firm, partnership, club, society, or
any association of person, or any agent or employee thereof.
Public Nudity shall be defined as set out in Chapter 21, Offenses, of this Code, as may
be amended from time to time.
Ordinance NRem-A 12
Attachment number 1
Page 2 of 13
Sec. 22.24. Authority to regulate beaches, park property, and the Courtney
Campbell Recreation Area.
(1) The city manager is empowered in the exercise of the city manager's discretion to
regulate the time, place and manner in which the public beaches, park property of the
city, and the Courtney Campbell Recreation Area, or any portion thereof, are to be used
and enjoyed by the public and to authorize the posting of signs regulating public use. In
so doing, the city manager is to give due regard to the safety facilities available thereat,
the preservation of public property, the number of persons who can be safely protected
and safeguarded at the particular location, and the health and welfare of the public
using and wishing to use such facilities. The directions of the city manager given
pursuant to the authority contained in this section are declared to have the effect of law
and shall be enforced by the police officers of the city.
(2) The hours of operation for each city park, as may be amended from time to time,
are as follows:
NO. SITE NAME
1. CLOSED FROM SUNSET UNTIL SUNRISE:
1 ALLEN'S CREEK PARK
2 ALLIGATOR LAKE
3 BAY PARK ON SAND KEY
4 MYRON A. SMITH BAYVIEW PARK
5 CEDAR GROVES
6 CHARLES PARK
7 CHARTER OAKS
8 LAKE CHAUTAUQUA PARK
9 CHAUTAUGU CHAUTAUQUA PARK NORTH (Enterprise Rd.)
10 CHAUTAUQUA PARK SOUTH
11 CLIFF STEPHENS PARK
12 COOPERS BAYOU PARK
13 COUNTRY HOLLOW PARK
14 CYPRESS BEND PARK
15 CYPRESS POINT PARK
Ordinance NRem-A 12
Attachment number 1
Page 3 of 13
16 D.D. DAVIS PARK
17 DREW PLAZA
18 GARDEN AVENUE PARK
19 GLEN OAKS PARK
20 GLENWOOD PARK
21 HARDING PLAZA
22 HIBISCUS LAKE
23 HILLCREST PARK
24 LAKE HOBART SOUTH
25 LAKE LUCILLE
26 NORTHEAST COACHMAN PARK
27 NORTHWOOD PARK
28 OVERBROOK PARK
29 SALLS LAKE 1 & 2
30 SOULE ROAD PARK
31 SPRING LAKE PARK
32 STATE STREET PARK
33 SUNSET POINT ROAD PLAYFIELD
34 TERRACE LAKE
35 TOWN PLACE PARK
36 NO. GREENWOOD REC/AQUATIC COMPLEX PLAYGROUND
37 CHERRY HARRIS PARK
2. CLOSED FROM 9:00 PM UNTIL 6:00 AM:
39 -R,AvFRONIT TENINISS COMPLEX-
3-9 38 COACHMAN PARK
49 39 COURTNEY CAMPBELL RECREATION AREA
44- 40 COUNTRYSIDE LIBRARY PLAYGROUND
42- 41 MAGNOLIA STREET DOCK
49 42 MEMORIAL PARKS 1 & 2
44- Mnr?C.A. 2- 1 ^II-A. K FNIIAT1RFRA,RK
Ordinance nl#.ea -Ad 2
Attachment number 1
Page 4 of 13
43 MORNINGSIDE RECREATION COMPLEX
44 NO. GREENWOOD REC. & AQUATIC COMPLEX
45 PROSPECT LAKE PARK
46 ROSS NORTON COMPLEX & ED WRIGHT PARK
46 47 STATION SQUARE PARK
47- 48 TURNER STREET DOCK
49 WOOD VALLEY RECREATION CENTER
3. CLOSED FROM 10:00 PM UNTIL 6:00 AM:
50 BAYFRONT TENNIS COMPLEX
46 51 BELMONT PARK
49 52 CLW. BEACH FAMILY AQUATIC & REC. CMPLX.
a9 53 COACHMAN RIDGE PARK
54 54 COUNTRYSIDE COMMUNITY PARK
52 55 DEL ORO PARK (Trail: Sunrise to Sunset)
53- 56 FRANK TACK PARK
54- SINGS ulGH%A.lAV REECREEATION CENTER
55 LAkArni RnkAn c Q. cui 1RRi RRnARD C0-MRI FX?
56 57 MARYMONT PARK
a? 58 MONTCLAIR PARK
69 MQ_RN1IN1 2-1DF RFE FEAT 1nni C0-MRI F,
59 N' Q. G R cEnikAinnn REC & AQ iATIC C0-MRI FX?
69 59 PLAZA PARK
64- ROSS- NORTON COMPLEX Q. Rn %AiRIGHT PARK
62 60 SID LICKTON PARK & FRED COURNOYER CT.
69 61 SUNSET SAM PARK AT ISLAND ESTATES
64 62 U.S. 19 SOCCER PRACTICE FIELDS
66 63 VALENCIA PARK
4. CLOSED FROM 11:00 PM UNTIL 6:00 AM:
66 64 CREST LAKE PARK
6? 65 EDGEWATER DRIVE PARK
Ordinance nilem-Ad 2
Attachment number 1
Page 5 of 13
68- 66 FOREST RUN PARK
69 HENRY L. grnn1-11CQMR E?
7-0 67 JOE DIMAGGIO COMPLEX
7-4 68 LONG CENTER
7-2 69 MANDALAY PARK
7,3 70 McKAY PLAYFIELD
74 71 PIER 60 PARK
7-5- VVQQD VALLEY RECREATION GENTER
7-& 72 WOODGATE PARK
5. OPEN 24 HOURS PER DAY:
77- 73 CLEARWATER BEACH
7-9 74 MEMORIAL CAUSEWAY
79 75 SAND KEY BAYS I D E PARK
99 76 SEMINOLE DOCKS
6. OPEN FOR SCHEDULED PROGRAMMING ONLY:
84 77 CARPENTER FIELD
82 78 COOPERS POINT NATURE PARK
93 79 COUNTRYSIDE SPORTS COMPLEX
94 80 DAVID MARTIN SOCCER FIELDS
95 81 E. C. MOORE COMPLEX (1--9)
96- EC nannQFE F?FEI Q2 Q Q. a
$7- GLEN OAKS SOCCER FIELD-&-
82 HENRY L. MCMULLEN TENNIS COMPLEX
83 LAWN BOWLS & SHUFFLEBOARD COMPLEX
99 84 MISSOURI AVE. (DOT)
85 MOCCASIN LAKE NATURE PARK
S9 86 PHILLIP JONES PARK
CITY OWNED PROPERTIES- LEASED TO OTHERS (Hours of operation
established by Lessee):
90 87 BRIGHTHOUSE NETWORK FIELD
Fg? 88 CHI-CHI RODRIGUEZ GOLF COURSE
Ordinance NRem-A 12
Attachment number 1
Page 6 of 13
92 89 CLEARWATER COUNTRY CLUB
93 90 CLEARWATER EXECUTIVE GOLF COURSE
94 91 HARBORVIEW CENTER
96- 92 HOLT AVE. PROPERTY
96 93 JACK RUSSELL STADIUM
94 KINGS HIGHWAY RECREATION CENTER
97- 95 MARTIN LUTHER KING RECREATION CENTER
96 PERFORMING ART CENTER & THEATER (PACT)
1 9.9 97 SAILING CENTER
(1) Each city park shall have at least one prominently posted sign that states the hours
of operation for that park.
(2) No person shall enter or remain upon park property at any time during which the
park is closed except by permit issued by the department or unless permission has
been given by the department or city manager.
(3) The City Manager or his or her designee may prohibit a party from parking a vehicle
in an area designated for parking or upon any other park property if said party does not
remain on the park property and such parking inhibits or prevents others from parking at
the park facility in order to use the facility as intended.
Sec. 22.28. Protection and preservation of property.
(1) Regulation of conduct with respect to protection of park property to prevent
damage, removal or destruction is necessary to preserve park and recreation areas for
the use of future generations.
(2) As all property in all parks is city property, no unauthorized person shall willfully
mark, write on, draw on or otherwise deface, damage or injure in any way, or displace,
remove, destroy or tamper with any park buildiRg facility or any part of the park
grounds including, but not limited to, building material, water lines or other public utilities
or parts of appurtenances thereof, park signs, notices or other boundary markers, or
other structures, equipment,
either real or personal.
(3) No unauthorized person shall transplant or remove from any park area or public
beach any sand whether submerged or not or any soil, rock, stones, trees, shrubs,
plants, seeds, flowers, fruits, nuts, down timber or other wood materials; make any
search or excavation by tool, equipment, blasting or other means or agency; construct
Ordinance NRem-A 12
Attachment number 1
Page 7 of 13
or erect any buildings or structures of whatever kind whether permanent or temporary in
character; or run or string any public service utility into, upon or across such lands.
Exceptions shall be permitted for minor excavations involving the recovery of lost
artifacts on the public beaches or public parks, provided such minor excavations are
immediately refilled and no safety hazards to the public are created. Metal detectors
are allowed by obtaining a permit from the Parks and Recreation Department.
(4) Preservation of archaeological and historic sites: no person shall excavate, disturb
or remove any historic or prehistoric cultural artifacts, nor any bones, shells, or
geological specimens on land owned or managed by the City, except as part of an
authorized and designated study for scientific, documentation or research purposes,
and only with written permission from the City Manager or their designee. Scientific
evaluation excavation of any designated or non-designated archaeological site may not
be conducted without a state permit.
(4) Trees, shrubbery and lawns are property assets of the park. No unauthorized
person shall cut, carve or injure the bark, break off limbs or branches of trees or mutilate
trees in any way or pick the flowers, fruits, seeds or nuts of any tree or plant. No person
shall dig in or otherwise disturb the grass areas or in any other way injure or impair the
natural beauty of usefulness of any area. No person shall pile debris or material of any
kind on or about any tree or plant or attach any item that could result in damage to any
tree or plant, whether temporary or permanent in character or use.
(a) No person shall tie any animals to any tree or plant.
(6} No person shall stand or sit on any structure not intended for such use in any
park.
(8) No person shall use tacks, nails, staples or other items that penetrate wood on
shelters, signs, trees, etc.
(9) No person shall use water from park water fountains, hose bibs and sinks in
restrooms for the purpose of bathing. Bathing is allowed only in specific bathhouses set
aside for such purposes.
Section 22.29. Refuse and trash.
glass,
Ne persen shall deposit er drep er plaGe any refuse inGluding bettles, broken asri,
hocac paperr, exes, Gans, dirt, rubbish, garbage, tebaGGG prnrli ante nnntain
r?c- h?v?c?wuzc?aste ', ,?vrnurr-re??
er foil u pen the ground, park water, er in er en any other park property, park-way er other
area eperated er maintained by the pity evnept in the reneptanle prn?iided for trash
d+snesal- No person shall dispose of any paper, bottles, waste, garbage, trash,
cigarette butts, debris, or other litter of any kind on any City owned or operated park,
beach or recreation area except in proper receptacles and recyclable containers. Only
such paper, waste, garbage, trash, debris or other litter as may have been created or
accumulated in the use of a park, beach or recreation area shall be disposed in such
Ordinance NRem-A 12
Attachment number 1
Page 8 of 13
receptacles. If there are no such trash receptacles available, then refuse shall be
carried away from the park area by the piGPa G party to be properly disposed of
°'C°cr?cw'rhr°crpz where a receptacle is available.
Sec. 22.31. Protection and preservation of wildlife.
(1) No unauthorized person shall molest, harm, frighten, kill, net, trap, snare, hunt,
chase, shoot or throw or propel by any means missiles at any wildlife creature whether it
is mammal, aquatic or marine life or a bird or a reptile roaming free about the public
beach or park. No unauthorized person shall remove or possess in any public beach or
park the young of any wild animal or the nest or eggs of any reptile or bird or collect,
remove, or possess, give away, sell or offer to sell, buy or offer to buy or accept as a gift
any such specimen, dead or alive.
(2) No unauthorized person shall place, dump, abandon or leave any fish, mammal,
reptile, or bird, either wild or domestic, on a public beach or park property.
(3) No person shall feed any feral or wild animal or attempt to pet any wildlife on park
property.
Section 22.33. Bathing and swimming areas and the Courtney Campbell
Recreation Area.
(1) No person, regardless of age, sex or manner of dress shall swim, wade or bathe in
waters or waterways in any park other than at such places set aside for such activities.
(2) No person shall carry, transport, or cause to be transported any glassware, bottles
or any other potentially dangerous or sharp objects onto any portion of the Courtney
Campbell Recreation Area or onto any public beach, or into any bathing, wading, or
swimming pool areas of a public beach, a park, or the Courtney Campbell Recreation
Area.
(3) No person shall frequent any park waters or public bathing beach for the purpose of
swimming or bathing except between such hours of the day as shall be designated or
posted by the department for such purposes for each individual area.
(4) Persons using public beaches or the Courtney Campbell Recreation Area shall
obey all rules posted by marine department personnel and other rules affecting beach
use and water safety which are implemented as the situation dictates.
(5) Illegal drugs and all alcoholic beverages are prohibited on any public beach or on
any portion of the Courtney Campbell Recreation Area.
Ordinance NRem-A 12
Attachment number 1
Page 9 of 13
(6) Surfboards, sailboats, motorboats, personal watercraft, or singular hard-surfaced
objects are not permitted to be beached on any public beach or to be operated within
safe bathing limits associated therewith unless authorized.
(A) Authorized area for skim boards and surf boards on Clearwater Public Beach are:
Eastern boundary coordinates: 27 degrees, 59 minutes, 06 seconds north latitude, 82
degrees, 49 minutes 44 seconds west longitude at the shoreline to approximately 153
yards north at 27 degrees, 59 minutes, 11 seconds north latitude, 82 degrees, 49
minutes, 44 seconds west. The western boundary coordinates are: 27 degrees, 59
minutes, 11 seconds north to 82 degrees, 49 minutes, 50 seconds west and 27
degrees, 59 minutes, 06 seconds north and 82 degrees, 49 minutes, 50 seconds west
longitude. This is an approximate 153 yard by 330 yard area extending from the mean
high water line of Clearwater Public Beach westward into the Gulf of Mexico 330 yards,
not to exceed the above coordinates.
(7) Open fires, grills, or other cooking or heating devices are not permitted on any
public beach.
(8) Public Beaches and the Courtney Campbell Recreation Area, as well as the
swimming areas associated therewith, may be closed to the public when, in the opinion
of the harbormaster, use of such areas is considered dangerous due to weather, surf or
other conditions.
(9) Persons using public bathing beaches or other parks must be appropriately dressed
for each activity. It shall be unlawful for any person to appear nude in public as defined
in Section 21.13 of this Code, as may be amended from time to time. no
(10) No person shall enter upon any erosion control structure, including breakwater,
jetties, or groin except as authorized.
(11) No unauthorized person shall enter or occupy or use in any manner any lifeguard
stand or station, or other lifesaving equipment at any time.
(12) No persons or pets shall wash or be washed, with soap or other cleaners, in any
swimming area or any other public waters, including but not limited to beaches, storm
water. lakes or streams.
Section 22.35. Fishing.
(1) Fishing will be in accordance with the State Fish and Wildlife Conservation
Commission and the State Department of Environmental Protection rules and
regulations.
Ordinance NRem-A 12
Attachment number 1
Page 10 of 13
(4} Commercial fishing or the buying or selling of fish caught in any park waters is
strictly forbidden.
(24 The use of trotlines for fishing in park waters is forbidden and the use of cast
nets for fishina in fresh water in Darks is forbidden.
(4) Fishing is permitted in all parks except those designated with signage not allowing
fishing.
(5) Unwanted fish must be properly disposed of in trash receptacles and not left on
piers, catwalks or roads.
(6) No person shall at any time fish from beaches in any area where bathing and
swimming are permitted nor within any safe bathing limits or restricted area associated
therewith.
Sec. 22.40. Domestic animals.
(1) Dogs and other pets shall be excluded from any place where food and drinks are
consumed or where posted.
(2) Other than as specifically provided for below, in ?R those park areas where dogs and
other pets are allowed, the dogs shall at all times be restrained and on adequate
leashes, and all other pets shall be under constant physical control of a person.
(3) At Crest Lake and Enterprise Dog Parks only, there are areas designated for dogs
off leash. Dogs in these designated areas must be accompanied by their owner, be
under vocal control and not cause a public nuisance, safety hazard or harass wildlife.
(3} All pets shall be excluded from all public beaches, public pools, and swimming
areas abutting public beaches and parks.
(4) The &nmorc of animals, nr the persons having nnntrnl ever Oho animals, shall romnvo
all evnrement deposited by their animals, An pork prepeFty, pi blip heanhes, and the
Courtney Campbell
(5) In the case of pet defecation on park property or Courtney Campbell Recreation
Area, the owner or person in charge or in control of the pet shall remove all feces
deposited by such animal and dispose of same in a sanitary manner.
Ordinance IR.em-Ad 2
Attachment number 1
Page 11 of 13
(a) Seeing Eye dogs, guide dogs, signal dogs, or other animals individually trained
to provide assistance to an individual with a disability shall be permitted in all public
areas and public facilities. An individual with a disability utilizing such animals shall be
excluded from the requirement contained in subsection 04 (5) if the individual is
physically incapable of removing the excrement deposited by the animal.
Sec. 22.46. Parking.
(1) No person shall park a vehicle any place on park property other than in the
designated areas or at designated times provided for that particular type of vehicle,
unless directed otherwise by law enforcement officers, department employees, or as
authorized.
(2) No person shall double park any vehicle at any time on any road or parkway or
parking concourse of park property, unless so directed by a law enforcement officer or
department employee.
(3) No person shall park or station any vehicle in any zone designated and marked "no
parking" or otherwise marked for restricted use.
(3} No person shall park a vehicle overnight in any park unless authorized.
(4) No person shall park any vehicle at any time on any public beach.
Sec. 22.49. Organized activities or potentially dangerous games.
(a) No person or persons shall engage in rough or potentially dangerous activity such
as football, baseball, softball, horseshoes, tennis, volleyball, badminton, or any other
organized activity involving thrown or otherwise propelled objects such as balls, stones,
arrows, javelins, shuttlecocks, frisbees, model aircraft or roller skates on any public
bathing beach or park property except in areas set aside for that purpose.
(b) No person or persons shall engage in rough or potentially dangerous informal
activity, games or practice for such games such as football, baseball, softball,
horseshoes, tennis, volleyball, badminton., or any other games, practices or exercise
involving thrown or otherwise propelled objects such as balls, stones, arrows, javelins,
shuttlecocks, frisbees, model aircraft- or propel a person by a wheeled
device like a skateboard, roller skates, and in-line skates en any publiG bathing bear--h AW
park prep" except in the areas set aside for that purpose `Mhos Sur--h aGtiVity presents
a threat of injury er less of life- to any persGn.
Ordinance NRem-A 12
Attachment number 1
Page 12 of 13
(c) Use of park property is limited to its intended use only, unless permission is granted
in writing by the City Manager or his or her designee. Skateboarding shall be governed
by this section and in accordance with Section 28.11 of this Code, as amended from
time to time.
(d) No person or persons shall trespass on or use athletic fields that are posted for use
by permit only without a valid permit.
Section 22.53. Merchandising, vending, peddling.
No person other than the department or regularly licensed concessionaires acting by
and under the authority of the city shall expose or offer for sale, rent or trade any article,
food or drink of any kind, service or thing or station or place any stand, cart or vehicle
for the transportation, sale or display of any article or merchandise within the limits of
any public beach, the Courtney Campbell Causeway Recreation Area, or park except by
written authorization from the department.
Sec. 22.60. Trails.
(1) Only authorized motor vehicles are permitted on any trail within Clearwater, except
vehicles needed by persons with disabilities.
(2) No person shall travel on a trail at a speed greater than is reasonable and prudent
under the conditions and having regard to the actual and potential hazards then
existing. In every event, speed shall be controlled as may be necessary to avoid
colliding with others who are complying with the law and using reasonable care.
(3) No person shall travel on a trail in a negligent manner. For the purpose of this
section "travel on a trail in a negligent manner" shall be construed to mean any form of
travel on a trail in such a manner as to endanger or be likely to endanger any persons
or property.
(4) For the purpose of this section "travel" shall be construed to include all forms of
movement or transportation on a trail, including but not limited to foot, bicycle, horse,
skateboard, roller skates and in-line skates.
(5) Every person traveling on a trail shall obey the instructions of any official traffic
control device applicable thereto placed in accordance with applicable laws unless
otherwise directed by a police officer.
Section 2. This ordinance shall take effect immediately upon adoption.
Ordinance NRem-A 12
Attachment number 1
Page 13 of 13
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
Laura Lipowski
Assistant City Attorney
Frank V. Hibbard
Mayor
Attest:
Cynthia E. Goudeau
City Clerk
Ordinance NRem-A 12
' l City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Meeting Date: I 1/ 18/2008
Adopt Ordinance No. 8016-08 on second reading, amending the Comprehensive Plan of the city by amending the Capital
Improvements Element, making corrections and modifications pursuant to the updated schedule of the City of Clearwater's FY
2008/09 through 2013/14 Capital Improvement Program Budget adopted on September 18, 2008, and updating the reference in
Policy 32.7.6 to the School Districts Five-Year Work Program of FY 2008-09 through 2012/13 as adopted by the School Board on
September 9, 2008.
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 13
Attachment number 1
Page 1 of 2
ORDINANCE NO. 8016-08
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE COMPREHENSIVE PLAN OF THE CITY AS
ADOPTED ON MAY 18, 2000, AS SUBSEQUENTLY AMENDED,
AMENDING THE CAPITAL IMPROVEMENTS ELEMENT,
MAKING CORRECTIONS AND MODIFICATIONS PURSUANT
TO THE UPDATED SCHEDULE OF THE CITY OF
CLEARWATER'S FY2008/09 THROUGH FY2013/14 CAPITAL
IMPROVEMENT PROGRAM BUDGET ADOPTED ON
SEPTEMBER 18, 2008, AND UPDATING THE REFERENCE IN
POLICY 32.7.6 TO THE SCHOOL DISTRICT'S FIVE-YEAR
WORK PROGRAM OF FY2008/09 THROUGH 2012/13 AS
ADOPTED BY THE SCHOOL BOARD ON SEPTEMBER 9, 2008;
PROVIDING FOR SEVERABILITY; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Local Government Comprehensive Planning and Land
Development Regulation Act of Florida empowers and requires the City Council of the City
of Clearwater to plan for the future development and growth of the City, and to adopt and
periodically amend the Comprehensive Plan, including elements and portions thereof; and
WHEREAS, the City of Clearwater adopted a Comprehensive Plan on May 18, 2000
by Ordinance Number 6522-00, subsequently amended; and
WHEREAS, certain amendments are statutorily required, and others are advisable
in order to harmonize the Comprehensive Plan with state law and good planning practice;
and
WHEREAS, amendments to the Comprehensive Plan of the City have been
prepared in accordance with the applicable requirements of law, after conducting the
appropriate planning analysis, and public participation through public hearings, opportunity
for written comments, open discussion and the consideration of public and official
comments; and
WHEREAS, the Community Development Board, serving as the designated Local
Planning Agency for the City, has held a public hearing on the proposed amendments and
has recommended adoption of the proposed Comprehensive Plan amendments; and
WHEREAS, the proposed amendments have been transmitted to the Florida
Department of Community Affairs for review and comments, and the objections,
recommendations and comments received from the Florida Department of Community
Affairs have been considered by the City Council, together with all comments from local
regional agencies and other persons, in preparing the final draft of the amendments; and
Ordinance No.182n*d813
Attachment number 1
Page 2 of 2
WHEREAS, the City Council finds it necessary, desirable and proper to adopt the
amendments to the objectives and policies of the Comprehensive Plan in order to reflect
changing conditions; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Amendments to the text of the Clearwater Comprehensive Plan
attached hereto as Exhibit "A" are hereby adopted.
Section 2. Severability. If any section, provision, clause, phrase, or application
of this Ordinance shall be declared unconstitutional or invalid for any reason by a court
of competent jurisdiction, the remaining provisions shall be deemed severable
therefrom and shall remain in full force and effect.
Section 3. This ordinance shall become effective when the Department of
Community Affairs (DCA) issues a final order determining the adopted amendment to
be in compliance, or the Administration Commission issues a final order determining
the adopted amendments to be in compliance, in accordance with Section 163.3177,
163.3178, 163.3184, 163.3187 or 163.3189, 163.3191, F.S., as amended.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
Leslie K. Dougall-Sides
Assistant City Attorney
Frank Hibbard
Mayor-Councilmember
Attest:
Cynthia E. Goudeau
City Clerk
2 Ordinance No.182n*d813
' l City Council Agenda
Council Chambers - City Hall
Meeting Date: I 1/ 18/2008
SUBJECT / RECOMMENDATION:
Re-appoint Harvey Huber to the Board of Trustees, Clearwater Police Supplementary Pension Fund.
SUMMARY:
In keeping with the provisions of Florida Statute 185.05, which states in part... "the board of trustees shall consist of five
members, two of whom, unless otherwise prohibited by law, shall be legal residents of the municipality, who shall be appointed by
the legislative body of the municipality..."
On October 16, 2006, Harvey Huber (2621 Brandywine Drive, Clearwater) was appointed by the City Council to serve on the
Board of Trustees of the Police Supplementary Pension for a period of two years (November 1, 2006 to November 1, 2008).
• The Board of Trustees of the Clearwater Police Supplementary Pension Fund recommends that Harvey Huber be re-
appointed to serve a two (2) year term as trustee (term will expire on November 1, 2010). Mr. Huber has stated that he will
accept re-appointment.
Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) Clerk 6) City Manager 7) Clerk
Cover Memo
Item # 14
' l City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Meeting Date: I 1/ 18/2008
Ratify and confirm change order 1 to R. Krueger Construction Company, Inc. of Oldsmar, Florida for the "Clearwater Community
Sailing Center Expansion Project" (07-0040-MA)increasing the contract amount by $39,759.71 for a new contract total of
$309,039.71, approving a time extension of sixty (60) days and authorize the appropriate officials to execute same.
SUMMARY:
This contract was previously approved by the City Council on March 20, 2008 for $269,280.00.
Change Order 1 transfers funds to cover additional work necessary to meet permit requirements including adding a storage closet,
ramp and fan bracing and product substitutions on the joists and hangers. The change order will cover unforeseen field conditions
as well, such as relocation of existing electrical fixtures and exhaust vents, and palm tree removal. Owner changes benefiting the
project encompassed in this change order include, replacement of two doors and deadbolt upgrades.
The time extension of sixty (60) days is needed for the additional work and lead-time for a change made late in the project timeline
to the railing pickets. New contract completion will extend from September 1, 2008 to October 31, 2008. 120 days to 180 days.
A first quarter budget amendment will transfer $2,511.60 from Capital Improvement Program (CIP) project 0315-93499, Pier
60/Sailing Center Maintenance, to 0315-93407, Sailing Center Expansion. The remaining balance of $37,248.11 is available in
0315-93407, Sailing Center Expansion to fund the change order.
Type: Capital expenditure
Current Year Budget?: Yes Budget Adjustment:
Budget Adjustment Comments:
See summary above.
Current Year Cost: Annual Operating Cost:
Not to Exceed: Total Cost:
For Fiscal Year: to
Appropriation Code Amount Appropriation Comment
0315-93499 $2,511.60 See summary above.
0315-93407 $37,248.11 See summary above.
Bid Required?: No Bid Number:
Yes
Other Bid / Contract: Bid Exceptions: None
Review 1) Engineering 2) Financial Services 3) Office of Management and Budget 4) Legal 5) Clerk 6) & tgp cnc y
Approval: Manager 7) Clerk 8) City Manager 9) Clerk
Item # 15
Attachment number 1
Page 1 of 2
CHANGE ORDER #1 DATE: October 30, 2008
PROJECT: Clearwater Community Sailing Center Expansion PROJECT NUMBER: 07-0040-MA
PO REFERENCE NO.: ST 104265
CONTRACTOR: R. Krueger Construction Co., Inc. DATE OF CONTRACT: April 14, 2008
141 Stevens Avenue, Suite #3
Oldsmar, FL 34677 CODE: 0315-93407-563600-575-000-0000 (A)
SCOPE OF CHANGE: THIS CHANGE ORDER ACCEPTS REVISIONS TO THE CONTRACT
?:c ?Itt?lchcd shot 1,01- tIdditlolI -, lccrc?iscs. 1c ?1 timc c\tcnsiom ol, 0O d v\ ".
STATEMENT OF CONTRACT AMOUNT ACCEPTED BY:
R. Krueger Construction Co., Inc.
ORIGINAL CONTRACT AMOUNT $269,280.00
CHANGE ORDER #1 $39,759.71
NEW CONTRACT AMOUNT $309,039.71
BY: (SEAL)
Rick Krueger, President
Frank Hibbard, Mayor
Date:
Camilo Soto, Assistant City Attorney Witnesses:
ATTEST:
Cynthia E. Goudeau, City Clerk
Date: Recommended By: City of Clearwater
CITY OF CLEARWATER, in
PINELLAS COUNTY, FLORIDA
Gary A. Johnson, CGC
Public Services Director
William B. Horne, II City Manager
Michael D. Quillen, P.E.
City Engineer
Item # 15
Page 2 of 2
Change Order #1
Clearwater Community Sailing Center Expansion 07-0040-MA
Code - "A" 0315-93407-563600-575-000-0000
ITEM DESCRIPTION
Additions
3 Glu-lams substitution & PT 2x10 joists
4 Stainless steel hangers & grade 1 upgrade
5 Remove palm trees (3)
Storage Closet - staircase footing, framing &
6 sheathing, cedar shakes, PT furring and trims
7 Door E material cost for doors and frames
8 Relocate 3 exhaust vents second floor
9Relocate exterior electrical
10 HC ramp extension
11 Fan bracing
12 Deadbolt upgrade
13 Replace doors
14 Plywood at each fan
15 Delete relocate of dbl doors, 2nd floor hallway
16 Increased General Conditions
Code - "A" 0315-93407-563600-575-000-0000
2 Contingency
QTY UNIT UNIT COST TOTAL
1 LS $9,349.67 $9,349.67
1 LS $2,771.04 $2,771.04
3 EA $250.00 $750.00
1 LS $18,760.00 $18,760.00
1 LS $585.00'' $585.00
1 LS $350.00 $350.00
1 LS $3,080.00 $3,080.00
1 LS $11,500.00 $11,500.00
1 LS $1,540.00 $1,540.00
1 LS $318.00 $318.00
1 LS $2,150.UU $2,150.00
1 LS $462.00 $462.00
1 LS $200.00
1 LS $10,824.00 $10,824.00
Total Addition s to Code "A" $62,239.71
1 LS $22,480.00
Total to Code "A"
Net Total Additions/Decreases To Code "A" $39,759.71
Attachment number 1
Page 2 of 2
Item # 15
' l City Council Agenda
Council Chambers - City Hall
Meeting Date: I 1/ 18/2008
SUBJECT / RECOMMENDATION:
Accept a perpetual twenty-five foot Drainage and Utility Easement over, under, across and through a portion of the West 1/2 of the
Southeast 1/4 of Section 21, Township 29 South, Range 15 East, Pinellas County, Florida, conveyed by 1573, LLC, a Florida
limited liability company, given in consideration of receipt of $1.00 and the benefits to be derived therefrom.
SUMMARY:
1573, LLC ("Grantor") is completely remodeling an existing 5860 square foot masonry building at 1573 South Fort Harrison
Avenue, removing a partial second floor and adding a full new second floor.
The completed redevelopment project will be an office and medical facility known as the Center For Integrative Medicine.
Development approval required conveyance of the subject easement to the City to facilitate maintenance of existing public
drainage facilities.
The subject Drainage and Utility Easement conveyed by the Grantor complies with requirements of development approval and
issuance of the project building permit.
Review Approval: 1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk
Cover Memo
Item # 16
Attachment number 1
Page 1 of 4
I
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J
Return to:
Earl Barrett
Engineering Department
City of Clearwater
P. O. Box 4748
Clearwater, Fl. 33758-4748
Parcel I. D. No. 21-29-15-00000-440-2000
DRAINAGE & UTILITY EASEMENT
FOR AND IN CONSIDERATION of the sum of One Dollar ($1.00) in hand paid, the receipt of which is
hereby acknowledged, and the benefits to be derived therefrom, 1573, L.L.C., a Florida limited liability
company, whose principal place of business is 6985 First Avenue North, St. Petersburg, Fl. 33710 ("Grantor"),
does hereby grant and convey to the CITY OF CLEARWATER, FLORIDA, a Florida Municipal Corporation
("Grantee"), easement over, under, across and upon the following described land lying and being situate in the
County of Pinellas, State of Florida, to wit:
A portion of the West '/z of the Southeast'/4 of the Southeast'/4 of Section 21, Township 29
South, Range 15 East, Pinellas County, Florida, as legally described and depicted in
EXHIBIT "A" appended hereto and by this reference made a part hereof ("easement
premises")
This easement is for drainage and utility installation and maintenance. The CITY OF CLEARWATER,
FLORIDA, shall have the right to enter upon the above-described premises to construct, install and maintain
therein stormwater drainage improvements and facilities and to inspect and alter such stormwater improvements
and facilities from time to time. Grantee shall be solely responsible for obtaining all governmental and regulatory
permits required to exercise the rights granted herein.
The CITY OF CLEARWATER, FLORIDA covenants and agrees with Grantor that it shall maintain
reasonable access to Grantor's appurtenant property at all times during the exercise of rights granted herein, and
that it shall promptly restore the easement premises upon completion of any project undertaken in the exercise of
these rights. It is expressly understood that Grantor reserves all rights of ownership of the easement premises not
inconsistent with the easement rights granted herein.
Grantor warrants and covenants with Grantee that it is the owner of fee simple title to the herein described
easement premises, and that Grantor has full right and lawful authority to grant and convey this easement to
Grantee, and that Grantee shall have quiet and peaceful possession, use and enjoyment of this easement.
This easement is binding upon the Grantor, the Grantee, their heirs, successors and assigns. The rights
granted herein shall be perpetual and irrevocable and shall run with the land, except by the written mutual
agreement of both parties, or by abandonment of the easement premises by Grantee.
U:\Easements\1573 LLC D & U EAS 0808.doc Item # 16
Attachment number 1
Page 2 of 4
Page 2 - Drainage & Utility Easement
Grantor: 1573, L. L. C.
Grantee: City of Clearwater
RE: 21-29-15-00000-440-2000
N WITNESS W OF, the undersigned grantor has caused these presents to be duly executed this
_ day of StG$?yL , 2008.
Signed, sealed and delivered
in the presence of:
WIT ESS nat /
Print s,Name g??u
ess Name
STATE OF FLORIDA
COUNTY OF PINELLAS
ss
1573, L. L.Q., a Florida limited liability company
??`` A
By:
Print Name:
of 1573, L. -LC.
Before me, the undersigned authority, personally appeared Sul
as Manager of 1573, L L.C., a Florida limited liability company, whom, being duly authorized, executed tfhhe
foregoing instrument on behalf of said entity, and who acknowledged the execution thereof to be his free act and
deed for the use and purposes therein s
i* and who ] i
as s ??Py?tification. is personally known to me, or [ ] who provided
Public -
Type/Print Name
U:\Easements\1573 LLC D & U EAS 0808.doc
My commission expires:
Ow Noiffy ? TM Public State o(Fbdde
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TM M z-14cr
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Attachment number 1
Page 3 of 4
SECTION 21, TOWNSHIP 29 SOUTH, RANGE 15 EAST
EST "A"
LEGAL DESCRIPTION AND SKETCH OF PROPOSED 25 FOOT DRAINAGE EASEMENT
THE NORTHERLY 25 FEET OF THE FOLLOWING DESCRIBED TRACT TO WIT:
THAT PART OF THE WEST 1/2 OF THE SE 1/4 OF THE SE 1/4 OF SECTION 21, TOWNSHIP 29 SOUTH, RANGE 15
EAST, PINELLAS COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SE CORNER OF THE NORTH 756.05
FEET OF SAID WEST 112 OF SE 1/4 OF SE 1/4 AND RUNNING THENCE SOUTH 00'08'42' WEST ALONG THE EAST
BOUNDARY OF SAID WEST 1/2 OF SE 1/4 140 FEET, THENCE SOUTH .74'12'09- WEST, 155.86 FEET TO THE NORTH-
EASTERLY RIGHT-OF-WAY BOUNDARY OF COUNTY HIGHWAY Of (ALSO HAVING BEEN ORIGINALLY KNOWN AS STATE
ROAD 15Z, THENCE NORTH 32'36'18' WEST ALONG SAID RIGHT-OF'-WAY BOUNDARY 280 FEET, THENCE SOUTH
79'5618 EAST 305.9 FEET TO THE POINT OF BEGINNING.
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THIS IS NOT A SURVEY
This Sketch and Legal Description was prepared without the benefit of a tlt4 NOTE: Sketch and Legal Description not valld without the signature and the
search and is subject to all easements, RIghts-of-way, and other natters of record. original raised eed of a Florida Licensed Surveyor and Mapper.
I hereby tlfy hat the etch and Legal Description Prepared by;
represented reon set requirements of Chapter 61617-6, JOHN C. BRENDLA do ASSOCIATES, INC.
i o minlstr ve C
N CONSULTING ENGINEERS AND LAND SURVEYORS
0 4015 82nd Avenue North
J HN C. BRE Pinellas Park, Florida 33781 MMA
g Fie a rveyor's Registration No. 1269 phone (727) 576-7545 - fox (727) 577-9932
e ific to of Authorization No. LB 760 SHEET 1 OF 1
Attachment number 1
Page 4 of 4
MORTGAGEE CONSENT, JOINDER AND SUBORDINATION
FIRST COMMUNITY BANK OF AMERICA, a federal stock savings bank, whose address is
61004 th Street North, St. Petersburg, Florida 33703 (herein, "Mortgagee"), is the owner and holder of
that certain Mortgage and Assignment of Rents dated March 14, 2008, recorded in Official Records
Book 116182, at Page 1836 and at Page 1844, respectively, as modified by that certain Modification of
Mortgage dated July 25, 2008 recorded in Official Records Book 16334, at Page 468, all in the Public
Records of Pinellas County, Florida (collectively, the "Mortgage"). The Mortgage encumbers the
easement premises as described in the foregoing Drainage & Utility Easement as conveyed by 1573, L.
L. C., a Florida limited liability company (herein, "Grantor") to the City of Clearwater, Florida, a Florida
municipal corporation (herein, "Grantee"), to be recorded in the Public Records of Pinellas County,
Florida; and Mortgagee does hereby consent to and joins in the grant of said easement by Grantor, and
does further subordinate its right, title and interest therein under the aforesaid Mortgage.
Signed, sealed and delivered FIRST 90MMUiNITY BANK OF ERICA,
In the resence of: a fede al stoc s ving a k
B
y:
Witness signature , Print Name sat -q 2- Bcyt$z
fnpiz K_ F 1-2 UE- It., L4- Title (G? PX.QD y
Pr"itness naffN
61004 th Street North
Wit s si atur St. Petersburg, Fl. 3703
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Print Witness name
STATE OF FLORIDA :
: ss
COUNTY OF PINELLAS:
The foregoing ins rument was acknowledged before me this !;tk day of (D&?o_
2008 by C - , as rtfls rKB.NF- of First
Community Bank of America, a federal stock savings bank, mortgagee in the above-described lien, who
executed said instrument and acknowledged the a ecution thereof to be hIs free act and deed for the
uses and purposes therein expressed, and who [?_] is personally known to me or who [ ] did provide
as identification.
My Commission Expires:
LAURA J HALL
MY COMMISSION # DD647084
EXPIRES March 05, 2011
(407)39 -0153 FloridaNotaryService.com
C:\Documents and Settings\sboyle\Local Settings\Temporary Internet Files\OLK6D\1573 LLC 0 U EAS 0808.doc Item # 16
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100S . Myrtle Ave, Clearwater, FL 33756 em # 16
Ph: (727)562-4750, Fax: (727)526-4755 Map Gen By: SF Reviewed By: EB Date: 10/7/2008 Grid #: 313B S-T-R: 21-29S-15E Scale: 600
www.MyClearwateccom
' l City Council Agenda
Council Chambers - City Hall
Meeting Date: I 1/ 18/2008
SUBJECT / RECOMMENDATION:
Approve a Contract For Purchase of Real Property with Nailen Properties/GGG, LLP, for a portion of Countryside Village Square
Lot 2 containing 937.63 square feet, more or less, in the amount of $24,218.98 plus estimated transaction expenses not to exceed
$750, and authorize appropriate officials to execute same, together with all instruments required to effect closing.
SUMMARY:
Public Utilities Wastewater Maintenance refurbished Lift Station 50 located at 2537 Countryside Boulevard earlier this year at a
total cost of $29,832.87.
The lift station is located on property owned by the seller and operated as a Kentucky Fried Chicken franchise. During the
refurbishment it was discovered the sanitary facility has been in operation at this location since the 1970's without benefit of
easement.
In May 2008 the City contacted the owner seeking a grant of easement to document authority for the facility.
In a June 18, 2008 letter, legal counsel for the owner advised that while his client would not grant an easement, he would sell the
937.63 square foot parcel the City requires for the sum of $24,218.98. The purchase price is calculated at a prorated $25.83 per
square foot of the entire parcel's 2007 assessed value of $619,000 ($620,000 in 2008).
The transaction is anticipated to close within 30 days following execution by City officials. Closing expenses including title
insurance, documentary stamps and closing fees are estimated not to exceed $750 and are to be paid by the City.
Resolution 07-28 was passed on November 1, 2007, establishing the City's intent to reimburse certain Water and Sewer Utility
project costs incurred with future tax-exempt financing. The projects identified with 2009 revenue bonds as a funding source were
included in the project list associated with Resolution 07-28.
Sufficient budget for interim financing or funding with 2009 Water and Sewer Revenue Bond proceeds, when issued, is available
in projects 0376-96686, Pump Station Replacement, in the amount of $24,968.98 for this contract.
Appropriation Code: 0376-96686-560100-535-000-0000
Type:
Capital expenditure
Current Year Budget?: Yes
Budget Adjustment Comments:
Current Year Cost: $24,968.98
Not to Exceed: $24,968.98
For Fiscal Year: 2008 to 2009
Budget Adjustment: None
Annual Operating Cost: N/A
Total Cost: $24,968.98
Appropriation Code Amount Appropriation Comment
0376-96686-560100-535-000- $24.968.98 See summary
0000 Cover Memo
Review 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) Engineering 19 1€ Management
Approval: and Budget 7) Legal 8) Clerk 9) Public Utilities 10) Clerk 11) Assistant City Manager 12) Clerk 13 ity
Manager 14) Official Records and Legislative Services
T
CONTRACT FOR PURCHASE OF REAL PROPERTY
BY
THE CITY OF CLEARWATER, FLORIDA
Attachment number 1
Page 1 of 7
PARTIES: NAILEN PROPERTIES/GGG, L.L.P., an Alabama limited liability partnership, having its
principal place of business at 117 Hidden Glen Way, Dothan, Alabama 36303 (herein "Seller'), and the
CITY OF CLEARWATER, FLORIDA, a Municipal Corporation of the State of Florida, P. O. Box 4748,
Clearwater, Florida 33758-4748 (herein "Buyer" or "City"), (collectively "Parties") hereby agree that the
Seller shall sell and Buyer shall buy the following real property ("Real Property") upon the following
terms and conditions.
1. PROPERTY DESCRIPTION (Portion of Pinellas County Parcel I. D. 30-28-16-18686-000-0020)
LEGAL DESCRIPTION: A portion of COUNTRYSIDE VILLAGE SQUARE LOT 2, according to the
plat thereof as recorded in Plat Book 92, Pages 7 - 9, Public Records of Pinellas County, Florida,
containing 937.63 square feet, more or less, as more particularly described and depicted in EXHIBIT
"A" appended hereto and by this reference made a part hereof.
2. FULL PURCHASE PRICE .................................................................. $ 24,218.98
3. MANNER OF PAYMENT: City of Clearwater check in U.S. funds
at time of closing ......................................... $ 24,218.98
4. PURCHASE PRICE
The Full Purchase Price as established herein has been reached through discussions with the Seller's
attorney, and reflects a prorata valuation of the subject parcel derived from the Pinellas County
Property Appraiser's total assessed value of the parent parcel.
5. TIME FOR ACCEPTANCE
Following execution of this Contract by Seller, the price, terms and conditions as contained herein shall
remain unchanged and be held unconditionally open for a period of 45 days following delivery in
duplicate original to the City of Clearwater for acceptance and approval, or rejection, by action of the
Clearwater City Council. If this Contract is accepted and approved by the Council, it will be executed by
duly authorized City officials (the "Effective Date") and delivered to Seller within 15 business days
thereafter. If Council rejects this contract upon initial presentation, this contract shall be null and void in
all respects and the Seller shall be so informed in writing within 5 business days thereafter. A facsimile
or electronically transmitted copy of this Contract and any signatures hereon shall be considered for all
purposes as an original.
6. TITLE
Seller warrants legal capacity to and shall convey marketable title to the Property by Statutory Warranty
Deed, subject only to matters contained in Paragraph 7 acceptable to Buyer. Otherwise title shall be
free of liens, easements and encumbrances of record or known to Seller, but subject to property taxes
for the year of closing; covenants, restrictions and public utility easements of record; and no others
provided there exists at closing no violation of the foregoing and none of them prevents Buyer's
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0708.doc Page 1 of 6 Item # 17
Attachment number 1
Page 2 of 7
intended use of the Property. Seller warrants and represents that there is ingress and egress to the
Real Property sufficient for the intended use as described herein.
7. TITLE EVIDENCE
The Buyer shall, at Buyer expense and within 15 days prior to closing date obtain a title insurance
commitment issued by a licensed Florida title insurance agent agreeing to liens, encumbrances,
exceptions or qualifications set forth in this Contract, and those which shall be discharged by Seller at
or before closing. Seller shall convey a marketable title subject only to liens, encumbrances, exceptions
or qualifications set forth in this Contract. Marketable title shall be determined according to applicable
Title Standards adopted by The Florida Bar and in accordance with law. Buyer shall have 5 days from
receiving evidence of title to examine it. If title is found defective, Buyer shall, within 3 days thereafter,
notify Seller in writing specifying defect(s). If the defect(s) render title unmarketable, Seller will have
120 days from receipt of notice within which to remove the defect(s), failing which Buyer shall have the
option of either accepting the title as it then is or withdrawing from this Contract. Seller will, if title is
found unmarketable, make diligent effort to correct defect(s) in title within the time provided therefor,
including the bringing of necessary suits.
8. SURVEY
Buyer, at Buyer's option and expense, within time allowed to deliver evidence of title and to examine
same, may have Real Property surveyed and certified to the Buyer, Seller and closing agent by a
registered Florida land surveyor of Buyer's choice. If survey shows any encroachment on Real
Property, or that improvements located on Real Property encroach on setback lines, easements, lands
of others, or violate any restrictions, contract covenants or applicable governmental regulation, the
same shall constitute a title defect. The survey shall be performed to minimum technical standards of
the Florida Administrative Code and may include a description of the property under the Florida
Coordinate System as defined in Chapter 177, Florida Statutes.
9. CLOSING PLACE AND DATE
Buyer shall designate closing agent and this transaction shall be closed at a mutually agreed time in the
offices of the designated closing agent in Pinellas County, Florida, on or before thirty days following
the Effective Date as set forth in paragraph 5 above, unless extended by other provisions of this
contract. If either party is unable to comply with any provision of this contract within the time allowed,
and be prepared to close as set forth above, after making all reasonable and diligent efforts to comply,
then upon giving written notice to the other party, time of closing may be extended up to 60 days
without effect upon any other term, covenant or condition contained in this contract.
10. CLOSING DOCUMENTS
Buyer shall furnish closing statements for the respective parties. Seller shall provide and deliver the
deed, bill of sale, mechanic's lien affidavit, tenant and mortgage release estoppel letters, and corrective
instruments as may be applicable. If Seller is a corporation, Seller shall deliver a resolution of its Board
of Directors authorizing the sale and delivery of the deed and certification by the corporate Secretary
certifying the resolution and setting forth facts showing the conveyance conforms to the requirements of
local law.
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Attachment number 1
Page 3 of 7
11. CLOSING EXPENSES
The Buyer, unless this transaction is exempt under Chapter 201.24, Florida Statutes, shall pay
documentary stamps on the deed. Seller shall pay the costs of recording any corrective instruments.
Buyer shall pay for recordation of the deed.
12. PRORATIONS; CREDITS
Property taxes and any governmental assessments accruing against the Property shall be paid by
Seller and prorated through the day before closing. Closing agent shall collect all ad valorem taxes
uncollected but due through day prior to closing and deliver same to the Pinellas County Tax Collector
with notification to thereafter exempt the Property from taxation as provided in Chapter 196.012(6),
Florida Statutes. If the amount of taxes and assessments for the current year cannot be ascertained,
rates for the previous year shall be used with due allowance being made for improvements and
exemptions. Assessments for any improvements that are substantially complete at time of closing shall
be paid in full by Seller.
13. OCCUPANCY
Seller warrants and shall validate and affirm at or prior to closing that the property has no tenancies or
others in occupancy other than the Seller.
14. PROPERTY CONDITION
The parties acknowledge that the subject property is presently improved with a City of Clearwater
sanitary lift station at time of Contract. The parties further agree that Seller shall deliver, and Buyer
shall accept, the Property at time of closing in its present "as is" condition, ordinary wear and tear
excepted. Seller makes no warranties other than is disclosed herein in Paragraph 17 ("SELLER
WARRANTIES") and marketability of title.
16. PROCEEDS OF SALE; CLOSING PROCEDURE
The deed shall be recorded upon clearance of funds. Proceeds of sale shall be held in escrow by
Seller's attorney or by such other mutually acceptable escrow agent for a period of not longer than 5
days from and after closing, during which time evidence of title shall be continued at Buyer's expense to
show title in Buyer, without any encumbrances or change which would render Seller's title unmarketable
from the date of the last title evidence. If Seller's title is rendered unmarketable through no fault of the
Buyer, Buyer shall, within the 5-day period, notify the Seller in writing of the defect and Seller shall have
30 days from the date of receipt of such notification to cure the defect. If Seller fails to timely cure the
defect, all funds paid by or on behalf of the Buyer shall, upon written demand made by Buyer and within
5 days after demand, be returned to Buyer and simultaneously with such repayment, Buyer shall return
Personalty and vacate Real Property and reconvey it to Seller by special warranty deed. If Buyer fails
to make timely demand for refund, Buyer shall take title "as is", waiving all rights against Seller as to
any intervening defect except as may be available to Buyer by virtue of warranties contained in the
deed. The escrow and closing procedure required by this provision may be waived if title agent insures
adverse matters pursuant to Section 627.7841, F.S. (1987), as amended.
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Attachment number 1
Page 4 of 7
16. DEFAULT
If this transaction is not closed due to any default or failure on the part of the Seller, other than to make
the title marketable after diligent effort, Buyer may seek specific performance or unilaterally cancel this
agreement upon giving written notice to Seller. If this transaction is not closed due to any default or
failure on the part of the Buyer, Seller may seek specific performance. If a Broker is owed a brokerage
fee regarding this transaction, the defaulting party shall be liable for such fee.
17. SELLER WARRANTIES
Seller warrants that there are no facts known to Seller that would materially effect the value of the
Property, or which would be detrimental to the Property, or which would effect Buyer's desire to
purchase the property except as follows: (Specify known defects. If none are known, write "NONE".
If no entry, it will be deemed that Seller has entered "NONE")
Buyer shall have fifteen (15) days following the Effective Date to investigate said matters as disclosed
by the Seller, and shall notify Seller in writing whether Buyer will close on this contract notwithstanding
said matters, or whether Buyer shall elect to cancel this contract. If Buyer fails to so notify Seller within
said time period, Buyer shall be deemed to have waived any objection to the disclosed matters and
shall have the obligation to close on the contract.
18. RADON GAS NOTIFICATION
In accordance with provisions of Section 404.056(8), Florida Statutes (1989), as amended, Buyer is
hereby informed as follows:
RADON GAS: Radon is a naturally occurring radioactive gas that, when it has
accumulated in a building in sufficient quantities, may present health risks to persons
who are exposed to it over time. Levels of radon that exceed federal and state
guidelines have been found in buildings in Florida. Additional information regarding
radon and radon testing may be obtained from your County public health unit.
19. CONTRACT NOT RECORDABLE; PERSONS BOUND
Neither this contract nor any notice of it shall be recorded in any public records. This contract shall bind
and inure to the benefit of the parties and their successors in interest. Whenever the context permits,
singular shall include plural and one gender shall include all.
20. NOTICE
All notices provided for herein shall be deemed to have been duly given if and when deposited in the
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LS 50 PUMP STATION 0708.doc Page 4 of 6 Item # 17
Attachment number 1
Page 5 of 7
United States Mail, properly stamped and addressed to the respective party to be notified, including the
parties to this contact, the parties attorneys, escrow agent, inspectors, contractors and all others who
will in any way act at the behest of the parties to satisfy all terms and conditions of this contract.
21. ASSIGNABILITY; PERSONS BOUND
This contract is not assignable. The terms "Buyer", "Seller", and "Broker" (if any) may be singular or
plural. This Contract is binding upon Buyer, Seller, and their heirs, personal representatives, successors
and assigns (if assignment is permitted).
22. BROKER REPRESENTATION
The parties represent each to the other that no Real Estate Brokerage Fee is owed to any real estate
Broker or agent in connection with this Contract.
23. ATTORNEY FEES; COSTS
Each party shall be responsible for its own attorney's fees in connection with this Contract. In any
litigation arising out of this contract, the prevailing party shall be entitled to recover reasonable
attorney's fees and costs.
24. TYPEWRITTEN OR HANDWRITTEN PROVISIONS
Typewritten or handwritten provisions shall control all printed provisions of contract in conflict with them.
25. EFFECT OF PARTIAL INVALIDITY
The invalidity of any provision of this contract will not and shall not be deemed to effect the validity of
any other provision. In the event that any provision of this contract is held to be invalid, the parties
agree that the remaining provisions shall be deemed to be in full force and effect as if they had been
executed by both parties subsequent to the expungement of the invalid provision.
26. GOVERNING LAW
It is agreed by and between the parties hereto that this contract shall be governed by, construed, and
enforced in accordance with the laws of the State of Florida.
27. COUNTERPARTS; FACSIMILE COPY
This contract may be executed in two or more counterparts, each of which shall be deemed an original
and all of which together shall constitute one instrument. A facsimile copy of this contract, including any
addendum, attachments and any written modifications hereof, and any initials or signature thereon shall
be deemed an original.
28. ENTIRE AGREEMENT
Upon execution by Seller and Buyer, this contract shall constitute the entire agreement between the
parties, shall supersede any and all prior and contemporaneous written and oral promises,
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Attachment number 1
Page 6 of 7
representations or conditions in respect thereto. All prior negotiations, agreements, memoranda and
writings shall be merged herein. Any changes to be made in this agreement shall only be valid when
expressed in writing, acknowledged by the parties and incorporated herein or attached hereto.
EXECUTED this 2/"-p day of 19 6 (3-36-X- , 2008 by Seller.
APPROVED BY BUYER & EFFECTIVE this
NAILEN PROPERTIES/GGG, L.L.P.,
an Alabama limited liability partnership
By: d " k& -4
C. Charles Nailen, Jr., Ma aging Partner
day of
2008.
CITY OF CLEARWATER, FLORIDA
Countersigned:
Frank V. Hibbard
Mayor
By:
William B. Horne, II
City Manager
Approved as to form:
Laura Lipowski
Assistant City Attorney
Attest:
Cynthia E. Goudeau
City Clerk
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Attachment number 1
Page 7 of 7
scare 1"--20' EXHIBIT "A"
This is not o survey NORTH
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Legal Description
Basis Bearing Reference: per Countryside Village Square, Plat Book 92, Page 9, as recorded in
the Public Records of Pinellas County, Florida, Table Curve No. 5, Chord Bearing S73'21'51"W.
That portion of Lot 2, Countryside Village Square, Plat Book 92, Page 9, as recorded in the
Public Records of Pinellas County, Florida, and being more particularly described as follows:
Begin at the Northwest corner of Lot 2, Countryside Village Square, Plat Book 92, Page 9, as
recorded in the Public Records of Pinellas County, Florida, said point also being on the Southerly
right of way line of Countryside Boulevard; thence along a curve to the right, an arc distance of
25.48 feet, a radius of 990.00 feet, a central angle of 1'28'29", a chord bearing of N6830'16"E,
and a chord distance of 25.48 feet, said curve being the Northerly boundary line of said Lot 2,
and also the said Southerly right of way line of Countryside Boulevard; thence S25'59'45"E, along
a line parallel with the most Westerly boundary line of Lot 2, a distance of 35.86 feet; thence
S64'00'15"W, a distance of 25.40 feet, to a point of intersection with the most Westerly boundary
line of said Lot 2; thence N25'59'45"W, along the most Westerly boundary line of said Lot 2, a
distance of 37.86 feet, to the FOIMOFBEGINNMG, and containing 937.63 square feet, 0.0215
acres, more or less.
Item # 17
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' l City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Meeting Date: I 1/ 18/2008
Approve two Supplemental Engineering Work Orders to Tampa Bay Engineering Group, Inc., (EOR) of Clearwater, Florida, for
additional engineering design services for the relocation of existing potable water, reclaimed water and sanitary sewer facilities
impacted by the Florida Department of Transportation's SR 55 (US 19) from Whitney Road to south of Seville Boulevard project
in the amount of $36,630, for a new value of $167,625, and SR 55 (US 19) from south of Seville Boulevard to north of SR 60
project in the amount of $31,025, for a new value of $198,480, and that the appropriate officials execute same.
SUMMARY:
The Florida Department of Transportation (FDOT) is currently in the process of designing roadway improvements of SR 55
(US 19) from Whitney Road to south of Seville Boulevard and also SR 55 (US 19) from south of Seville Boulevard to north of SR
60. Improvements will include overpasses at Belleair Road and Seville Boulevard, frontage roads and drainage
improvements. These roadway improvement projects will necessitate the relocation or adjustment of the City's water, reclaimed
water and sanitary sewer mains and appurtenances within the project limits.
To date, there have been several revisions to the FDOT plans including drainage revisions, incorporation of other FDOT
projects, addition of sound walls, addition of Bellaire Road west of US 19, the proposed relocation of the City of St. Petersburg's
48 inch water transmission main requiring additional project meetings and coordination with FDOT, which have subsequently
increased the initial scope of Engineering Design Services required.
On August 12, 2005, the City Manager approved an Initial Work Order in the amount of $95,150 for SR 55 (US 19) from
Whitney Road to south of Seville Boulevard. On July 19,2007, City Council approved Supplemental Work Order 1 in the amount
of 35,845 for a total value of $130,995. Supplemental Work Order 2 in the amount of $36,630 requires City Council approval for a
total value of $167,625 for additional engineering design services.
On September 1, 2005, the City Council approved an Initial Work Order in the amount of $134,410 for SR 55 (US 19) from
south of Seville Boulevard to north of SR 60. On July 19, 2007, the City Council approved Supplemental Work Order 1 in the
amount of $33,045 for a total value of $167,455. Supplemental Work Order 2 in the amount of 31,025 requires City Council
approval for total value of $198,480 for additional engineering design services.
The funding code breakdown is as follows for these projects:
Capital Project Expense Code Amount
US 19 from Whitney to South of Seville-Water
US19 from Whitney to south of Seville-Reclaimed
US19 from south of Seville to north of SR60-Water
US19 from south of Seville to north of SR60-Sewer
0376-96742-561300-533-000-0000 $30,105
0376-96739-561300-533-000-0000 $6,525
0376-96742-561300-533-000-0000 $25,775
0376-96634-561300-535-000-0000 $5,250
Resolution 07-28 was passed on November 1, 2007, establishing the City's intent to reimburse certain Water & Sewer
Utility project costs incurred with future tax-exempt financing. The projects identified with 2009 revenue bonds as a
funding source were included in the project list associated with Resolution 07-28.
Cover Memo
Sufficient budget for interim financing or funding with 2009 Water and Sewer Revenue Bond proceeds whq , 118
available in projects 0376-96742, Line Relocation - Capitalized, in the amount of $55,880, 0376-96739, Reclaime ater
Distribution in the amount of $6,525 and $5,250 in 0376-96634, Sanitary Utility Relocation for a total of $67,655 for this
contract.
Type: Capital expenditure
Current Year Budget?: Yes Budget Adjustment: None
Budget Adjustment Comments:
See Summary
Current Year Cost: $67,655.00 Annual Operating Cost:
Not to Exceed: $67,655 Total Cost: $67,655.00
For Fiscal Year: 2008 to 2009
Appropriation Code Amount Appropriation Comment
0376-96742-561300-533-000- $30,105 Whitney Rd. to South of Seville Blvd
0000
0376-96739-561300-533-000- $6,525 Whitney Rd. to South of Seville Blvd
0000
0376-96742-561300-533-000- $25,775 South of Seville Blvd. to north of SR60
0000
0376-96634-561300-533-000- $5,250 South of Seville Blvd. to north of SR60
0000
Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) Clerk 6) City Manager 7) Clerk
Cover Memo
Item # 18
Attachment number 1
Page 1 of 3
City of Clearwater
Public Works Administration
TBE Group, Inc. (TBE) Work Order Initiation Form
Date: July 13, 2005
TBE Project Number:
City Project No. 05-0050-UT
PROJECT TITLE: US 19 from Whitney Road to South of Seville Blvd.
Utility Accommodation Services
1. BACKGROUND:
The Florida Department of Transportation proposes improvements to US 19 from Whitney
Road to south of Seville Blvd. The City's water and sewer utilities will require relocation
and/or adjustments as necessitated by the highway improvements.
2. SCOPE OF WORK:
TBE will provide Professional Engineering services necessary to accomplish the following:
< Attend Phase II, III and IV utility meetings with the Florida Department of
Transportation (FDOT)
< Prepare Phase I markups and submit to FDOT
< Prepare Phase II plans using FDOT color code and submit to FDOT
< Prepare design plans on Phase III electronic drawings supplied by FDOT
< Prepare relocation schedule, technical special provisions and cost estimates
< Prepare and submit FDOT utility permit application
< Submit final JPA package to FDOT
< Submit Pinellas County Health Department permit application for water system
improvements.
< Submit FDEP permits if required
3. GOALS:
To provide utility relocation of the City of Clearwater's water and wastewater facilities to
accommodate the FDOT planned widening of US 19 from Whitney Road to South of Seville
Blvd..
4. BUDGET:
A maximum fee of $95,150.00 has been established for this assignment broken down as
follows:
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Attachment number 1
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Water $76,120
Wastewater $19,030
TOTAL $95,150
5.
6.
7.
8.
SCHEDULE:
Services to be rendered will commence upon written notice-to-proceed from the City.
Phase I Submittal To be completed approximately 30 days following receipt of
Phase I roadway plans from the FDOT.
Phase II Submittal To be completed approximately 90 days following receipt of
Phase II roadway plans from the FDOT.
Phase III Submittal To be completed approximately 90 days following receipt of
Phase III roadway plans from the FDOT.
Phase IV JPA Package To be completed approximately 60 days following receipt of
100 percent roadway plans from FDOT.
TBE STAFF ASSIGNMENTS:
Title-Name Phone and Extension Number
Principal-in-Charge, Robert G. Brown, PE 727/531-3505, Ext 1540
Director, Dorian Modjeski, PE 727/531-3505, Ext 1542
Project Manager, Don McCullers 727/531-3505, Ext 1546
CORRESPONDENCE/REPORTING PROCEDURES:
Correspondence shall be sent to Lisa Murrin, PE, Utilities Engineering Manager, with copies
to Todd Petrie, PE, Assistant Public Utilities Director.
INVOICING/FUNDING PROCEDURES:
A maximum fee of $95,150.00 has been established for this work order as follows:
The fees shall be based on provision of Payment A - Actual Cost times a 3.1 multiplier
and will be invoiced monthly. Invoices are to be mailed to the City of Clearwater, Attn:
Marty Pages, Administrative Analyst, P.O. Box 4748, Clearwater, FL 33758-4748.
City Invoicing Code (Water)
City Invoicing Code (Wastewater)
0378-96742-561300-533-000-0000
0343-96634-561300-535-000-0000
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Attachment number 1
Page 3 of 3
9.
10.
SPECIAL CONSIDERATIONS:
The maximum fee as shown is based upon the current FDOT schedule, which indicates that
their 100 percent plans are to be completed by December 2006. This Work Order is based on
the FDOT Phase I plans dated March 24, 2005.
Design drawings will be in MicroStation to meet the FDOT, 7PA requirements. Electronic
delivery in the PEDDS format will be required. One copy of all CAD drawings to be
supplied to the City when 100% plans are submitted.
Services to be provided by the City are
< Payment of permit application fees, as may be required.
< Perform acquisition of property and easements as required.
< Provide all available information relevant to the project, such as existing as-built
drawings, reports, documents, plans and other information on other projects in the
area, copies of easements, etc.
QA/QC:
I hereby certify as a licensed Professional Engineer, registered in accordance with Florida
Statue 471 (481) that the above project's site and/or construction plans, to the best of my
knowledge, information and belief, will meet applicable design criteria specified by City
municipal ordinance, State and Federal established standards. I understand that it is my
responsibility as the project's Professional Engineer to perform a quality assurance review of
these submitted plans.
PREPARED BY:
CITY TBE
Michael D. Quillen, PE
Director of Engineering
Date:
Steve Howarth, P.E.
Vice President
Date:
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Attachment number 2
Page 1 of 3
City of Clearwater
Public Works Administration
TBE Group, Inc. (TBE) Work Order Initiation Form
Date: May 25, 2007
TBE Project Number: 00083-142-00
City Project No.: 05-0050-UT
PROJECT TITLE: US 19 from Whitney Road to South of Seville Blvd.
Utility Accommodation Services
BACKGROUND:
The Florida Department of Transportation proposes improvements to US 19 from Whitney
Road to south of Seville Blvd. The City's water and sewer utilities will require relocation
and/or adjustments as necessitated by the highway improvements.
2. SCOPE OF WORK:
This is a supplement to the original work order for design services. To date, there have
been several revisions to the FDOT plans such as drainage revisions, incorporation of
other FDOT projects into the roadway plans, additional project meetings and coordination
with FDOT, changes to Microstation versions, etc. In addition, the original work order
only included design for the City's water and sewer facilities. The City installed a
reclaimed water main along US 19, which required additional coordination services and
design efforts.
TBE will provide Professional Engineering services necessary to accomplish the following:
< Review revised Phase III (90%) FDOT roadway and bridge construction plans and
prepare relocation design drawings for the City's potable water and reclaimed
water mains.
< Prepare and submit to FDOT preliminary Utility Work by Highway Contractor
Agreement (UWHCA) package for Phase III submittal including "red, green,
brown, and blue" drawings, cost estimate, preliminary work schedule and special
provisions to address water potable water and reclaimed water mains. Provide
two copies to the CITY.
< Review FDOT comments and CITY comments on the 90% potable water and
reclaimed water design.
< Review Phase IV (100%) FDOT roadway and bridge construction plans and
prepare relocation design drawings for the CITY'S potable water and reclaimed
water mains.
< Prepare and submit to FDOT UWHCA package for Phase IV submittal including
Page 1 of 3
Item # 18
Attachment number 2
Page 2 of 3
3.
4.
"red, green, brown, and blue" drawings, cost estimate, preliminary work schedule
and special provisions to address water potable water and reclaimed water mains.
Provide two copies to the CITY.
< Review and address FDOT comments and CITY comments on Phase IV UWHCA
package submittal.
< Prepare and submit to the FDOT 100% UWHCA packages including design plans,
technical special provisions, cost estimates, three-way check list and other documents.
Prepare electronic delivery to FDOT using the Professional's Electronic Data Delivery
System (PEDDS).
< Prepare a Pinellas City Health Department General Permit Application, for the
Construction of Potable Water Main Extension for PWS's, for submittal by CITY. CITY
shall be listed as applicant for the permits listed above and be responsible to pay for all
permit fees.
GOALS:
To provide utility relocation of the City of Clearwater's water and reclaimed water facilities
to accommodate the FDOT planned widening of US 19 from Whitney Road to South of
Seville Blvd.
BUDGET:
An additional fee of $35,845.00 has been established for this assignment broken down as
follows:
Water $13,570
Reclaimed $22,275
TOTAL $35,845
5.
6.
SCHEDULE:
Services to be rendered will commence upon written notice-to-proceed from the City.
Phase III Submittal To be completed approximately 30 days following receipt of
Phase III roadway plans from the FDOT.
Phase IV 7PA Package To be completed approximately 30 days following receipt of
100 percent roadway plans from FDOT.
TBE STAFF ASSIGNMENTS:
Title-Name Phone and Extension Number
Principal-in-Charge, Robert G. Brown, PE 727/531-3505, Ext 1540
Director, Dorian Modjeski, PE 727/531-3505, Ext 1542
Project Manager, Don McCullers 727/531-3505, Ext 1546
Page 2 of 3
Item # 18
Attachment number 2
Page 3 of 3
7.
8.
9.
10.
CORRESPONDENCE/REPORTING PROCEDURES:
Correspondence shall be sent to Tom Robertson, Utilities Engineering Specialist 1, with
copies to Rob Fahey, Utilities Engineering Manager.
INVOICING/FUNDING PROCEDURES:
An additional fee of $35,845.00 has been established for this work order as follows:
The fees shall be based on provision of Payment A - Actual Cost times a 3.1 multiplier
and will be invoiced monthly. Invoices are to be mailed to the City of Clearwater, Attn:
Marty Pages, Administrative Analyst, P.O. Box 4748, Clearwater, FL 33758-4748.
City Invoicing Code (Water)
City Invoicing Code (Reclaimed):
SPECIAL CONSIDERATIONS:
0378-96742-561300-533-000-0000
The fee as shown is based upon the revised FDOT plans dated August 29, 2006.
This work is an amendment to work performed under a previous work order. All other
terms and conditions from the previous work order remains in effect.
QA/QC:
I hereby certify as a licensed Professional Engineer, registered in accordance with Florida
Statue 471 (481) that the above project's site and/or construction plans, to the best of my
knowledge, information and belief, will meet applicable design criteria specified by City
municipal ordinance, State and Federal established standards. I understand that it is my
responsibility as the project's Professional Engineer to perform a quality assurance review of
these submitted plans.
PREPARED BY:
CITY
Date:
Michael D. Quillen, PE
Director of Engineering
TBE
Date:
Robert G. Brown, P.E.
Senior Vice President
Page 3 of 3
Item # 18
Attachment number 3
Page 1 of 3
City of Clearwater
Public Works Administration
TBE Group, Inc. (TBE) Work Order Initiation Form
Date: October 2008
TBE Project Number: 00083-142-00
City Project No.: 05-0050-UT
PROJECT TITLE: US 19 from Whitney Road to South of Seville Blvd.
Utility Accommodation Services
1. BACKGROUND:
The Florida Department of Transportation proposes improvements to US 19 from Whitney
Road to south of Seville Blvd. The City's water and sewer utilities will require relocation
and/or adjustments as necessitated by the highway improvements.
2. SCOPE OF WORK:
This is supplement No. 2 to the original work order for design services. To date, there
have been several revisions to the FDOT plans such as drainage revisions, incorporation
of other FDOT projects into the roadway plans, additional project meetings and
coordination with FDOT, changes to Microstation versions, etc. In addition, the original
work order only included design for the City's water and sewer facilities. The City
installed a reclaimed water main along US 19, which required additional coordination
services and design efforts.
TBE will provide Professional Engineering services necessary to accomplish the following:
< Attend Pre-Phase III, Phase III and Phase IV utility meetings with the Florida
Department of Transportation (FDOT)
< Prepare Pre-Phase III markups and submit to FDOT
< Prepare Phase III markups and submit to FDOT
< Prepare Phase IV final plans and submit to FDOT
< Prepare revised relocation schedule, technical special provisions and cost estimates
< Prepare and submit FDOT utility permit application
< Submit final UWHCA package to FDOT
< Submit FDEP permit application for water system improvements.
3. GOALS:
To continue to provide utility relocation of the City of Clearwater's water, wastewater and
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reclaimed water facilities to accommodate the FDOT planned widening of US 19 from
Whitney Road to South of Seville Blvd.
4. BUDGET:
An additional fee of $36, 330.00 has been established for this assignment broken down as
follows:
Water $30,105
Reclaimed $ 6,525
TOTAL $36,630
5. SCHEDULE:
Services to be rendered will commence upon written notice-to-proceed from the City.
Pre - Phase III Submittal To be completed approximately 30 days following receipt of
Pre-Phase III roadway plans from the FDOT.
Phase III Submittal To be completed approximately 60 days following receipt of
Phase III roadway plans from the FDOT.
Phase IV UWHCA Package To be completed approximately 60 days following receipt of
100 percent roadway plans from FDOT.
6. TBE STAFF ASSIGNMENTS:
Title-Name Phone and Extension Number
Principal-in-Charge, Robert G. Brown, PE 727/531-3505, Ext 1540
Director, Dorian Modjeski, PE 727/531-3505, Ext 1542
Project Manager, Don McCullers 727/531-3505, Ext 1546
7. CORRESPONDENCE/REPORTING PROCEDURES:
Correspondence shall be sent to Tom Robertson, Utilities Engineering Specialist 1, with
copies to Janice "Nan" Bennett, PE, Assistant Public Utilities Director.
8. INVOICING/FUNDING PROCEDURES:
An additional fee of $36,630.00 has been established for this work order as follows:
The fees shall be based on provision of Payment A - Actual Cost times a 3.1 multiplier
Page 2 of 3 DRAFT
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Attachment number 3
Page 3 of 3
and will be invoiced monthly. Invoices are to be mailed to the City of Clearwater, Attn:
Veronica Josef, Sr. Staff Assistant, Engineering, P.O. Box 4748, Clearwater, FL 33758-
4748.
City Invoicing Code (Water)
City Invoicing Code (Reclaimed)
9. SPECIAL CONSIDERATIONS:
0376-96742-561300-533-000-0000
0376-96739-561300-533-000-0000
The fee as shown is based upon the revised FDOT plans received May 14, 2008.
This work is an amendment to work performed under a previous work order. All other
scope items from previous the previous work order remains in effect.
10. QA/QC:
I hereby certify as a licensed Professional Engineer, registered in accordance with Florida
Statue 471 (481) that the above project's site and/or construction plans, to the best of my
knowledge, information and belief, will meet applicable design criteria specified by City
municipal ordinance, State and Federal established standards. I understand that it is my
responsibility as the project's Professional Engineer to perform a quality assurance review of
these submitted plans.
PREPARED BY:
CITY TBE
Michael D. Quillen, PE
Director of Engineering
Date:
Date:
Robert G. Brown, P.E.
Senior Vice President
Page 3 of 3 DRAFT
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Attachment number 4
Page 1 of 3
City of Clearwater
Public Works Administration
TBE Group, Inc. (TBE) Work Order Initiation Form
Date: June 16, 2005 TBE Project Number: 00083-141-00
City Proj ect No.: 05-0049-UT
PROJECT TITLE: US 19 from South of Seville B1vd.To North of SR 60
Utility Accommodation Services
1. BACKGROUND:
The Florida Department of Transportation proposes improvements to US 19 from
approximately 2300 feet south of Seville Blvd. to north of SR 60. The City's water and
sewer utilities will require relocation and/or adjustments as necessitated by the highway
improvements.
2. SCOPE OF WORK:
TBE will provide Professional Engineering services necessary to accomplish the
following:
< Attend Phase H, III and IV utility meetings with the Florida Department of
Transportation (FDOT)
< Prepare Phase I markups and submit to FDOT
< Prepare Phase H plans using FDOT color code and submit to FDOT
< Prepare design plans on Phase III electronic drawings supplied by FDOT
< Prepare relocation schedule, technical special provisions and cost
estimates
< Prepare and submit FDOT utility permit application
< Submit final JPA package to FDOT
< Submit Pinellas County Health Department permit application for water
system improvements.
< FDEP Permits if required.
3. GOALS:
To provide utility relocation of the City of Clearwater's water and wastewater
facilities to accommodate the FDOT planned widening of US 19 from South of
Seville Blvd. to North of SR 60.
Item # 18
Attachment number 4
Page 2 of 3
4.
BUDGET:
A maximum fee of $134,410.00 has been established for this assignment broken
down as follows:
Water $100,807
Wastewater $ 33,603
TOTAL $134,410
5.
6.
SCHEDULE:
Services to be rendered will commence upon written notice-to-proceed from the
City.
Phase I Submittal To be completed approximately 30 days following
receipt of Phase I roadway plans from the FDOT.
Phase 11 Submittal To be completed approximately 90 days following
receipt of Phase 11 roadway plans from the FDOT.
Phase III Submittal To be completed approximately 90 days following
receipt of Phase III roadway plans from the FDOT.
Phase IV JPA Package To be completed approximately 60 days following
receipt of 100 percent roadway plans from FDOT.
TBE STAFF ASSIGNMENTS:
Title-Name
7.
Principal-in-Charge, Robert G. Brown, PE
Director, Dorian Modj eski, PE
Project Manager, Don McCullers
Phone and Extension
Number
727/531-3505, Ext 1540
727/531-3505, Ext 1542
727/531-3505, Ext 1546
CORRESPONDENCE/REPORTING PROCEDURES:
Correspondence shall be sent to Lisa Murrin, PE, Utilities Engineering Manager,
with copies to Todd Petrie, PE, Assistant Public Utilities Director.
8. INVOICING/FUNDING PROCEDURES:
A maximum fee of $134,410.00 has been established for this work order as
follows:
The fees shall be based on provision of Payment A - Actual Cost times a 3.1
multiplier and will be invoiced monthly. Invoices are to be mailed to the attention
Item # 18
Attachment number 4
Page 3 of 3
of Marty Pages, Administrative Analyst, City of Clearwater Public Works
Administration, P.O. Box 4748, Clearwater, FL 33758-4748.
City Invoicing Code (Water):
City Invoicing Code (Wastewater)
0378-96742-561300-533-000-0000
0343-96634-561300-535-000-0000
9. SPECIAL CONSIDERATIONS:
The maximum fee as shown is based upon the current FDOT schedule, which
indicates that their 100 percent plans are to be completed by December 2006.
This Work Order is based on the FDOT Phase I plans dated March 2005.
Design drawings will be in MicroStation to meet the FDOT, 7PA requirements.
Electronic delivery in the PEDDS format will be required.
Services to be provided by the City are:
< Payment of permit application fees, as may be required.
< Perform acquisition of property and easements as required.
< Provide all available information relevant to the project, such as existing
as-built drawings, reports, documents, plans and other information on
other projects in the area, copies of easements, etc.
10. QA/QC:
I hereby certify as a licensed Professional Engineer, registered in accordance with
Florida Statue 471 (481) that the above project's site and/or construction plans, to
the best of my knowledge, information and belief, will meet applicable design
criteria specified by City municipal ordinance, State and Federal established
standards. I understand that it is my responsibility as the project's Professional
Engineer to perform a quality assurance review of these submitted plans.
PREPARED BY:
CITY TBE
Michael D. Quillen, PE Steve Howarth, P.E.
Director of Engineering Vice President
Date:
Date:
Item # 18
Attachment number 5
Page 1 of 3
City of Clearwater
Public Works Administration
TBE Group, Inc. (TBE) Work Order Initiation Form
Date: May 25, 2007
TBE Project Number: 00083-141-00
City Project No. 05-0049-UT
PROJECT TITLE: US 19 from South of Seville Blvd. To North of SR 60
Utility Accommodation Services
BACKGROUND:
The Florida Department of Transportation proposes improvements to US 19 from
approximately 2300 feet south of Seville Blvd. to north of SR 60. The City's water and
sewer utilities will require relocation and/or adjustments as necessitated by the highway
improvements.
2. SCOPE OF WORK:
This is a supplement to the original work order for design services. To date, there have
been several revisions to the FDOT plans such as drainage revisions, incorporation of
other FDOT projects into the roadway plans, additional project meetings and coordination
with FDOT, changes to Microstation versions, etc. In addition, the original work order
only included design for the City's water and sewer facilities. The City installed a
reclaimed water main along US 19, which required additional coordination services and
design efforts.
TBE will provide Professional Engineering services necessary to accomplish the following:
< Review revised Phase III (90%) FDOT roadway and bridge construction plans and
prepare relocation design drawings for the City's potable water and reclaimed
water mains.
< Prepare and submit to FDOT preliminary Utility Work by Highway Contractor
Agreement (UWHCA) package for Phase III submittal including "red, green,
brown, and blue" drawings, cost estimate, preliminary work schedule and special
provisions to address water potable water and reclaimed water mains. Provide
two copies to the CITY.
< Review FDOT comments and CITY comments on the 90% potable water and
reclaimed water design.
< Review Phase IV (100%) FDOT roadway and bridge construction plans and
prepare relocation design drawings for the CITY'S potable water and reclaimed
water mains.
Page 1 of 3
Item # 18
Attachment number 5
Page 2 of 3
3.
4.
< Prepare and submit to FDOT UWHCA package for Phase IV submittal including
"red, green, brown, and blue" drawings, cost estimate, preliminary work schedule
and special provisions to address water potable water and reclaimed water mains.
Provide two copies to the CITY.
< Review and address FDOT comments and CITY comments on Phase IV UWHCA
package submittal.
< Prepare and submit to the FDOT 100% UWHCA packages including design plans,
technical special provisions, cost estimates, three-way check list and other documents.
Prepare electronic delivery to FDOT using the Professional's Electronic Data Delivery
System (PEDDS).
< Prepare a Pinellas City Health Department General Permit Application, for the
Construction of Potable Water Main Extension for PWS's, for submittal by CITY. CITY
shall be listed as applicant for the permits listed above and be responsible to pay for all
permit fees.
GOALS:
To provide utility relocation of the City of Clearwater's water, wastewater and reclaimed
water facilities to accommodate the FDOT planned widening of US 19 from South of Seville
Blvd. to North of SR 60.
BUDGET:
An additional fee of $33,045.00 has been established for this assignment broken down as
follows:
Water $ 7,375
Reclaimed $ 25,670
TOTAL $ 33,045
5.
6.
SCHEDULE:
Services to be rendered will commence upon written notice-to-proceed from the City.
Phase III Submittal To be completed approximately 30 days following receipt of
Phase III roadway plans from the FDOT.
Phase IV 7PA Package To be completed approximately 30 days following receipt of
100 percent roadway plans from FDOT.
TBE STAFF ASSIGNMENTS:
Title-Name Phone and Extension Number
Principal-in-Charge, Robert G. Brown, PE 727/531-3505, Ext 1540
Director, Dorian Modjeski, PE 727/531-3505, Ext 1542
Page 2 of 3
Item # 18
Attachment number 5
Page 3 of 3
7.
8.
9.
10
Project Manager, Don McCullers 727/531-3505, Ext 1546
CORRESPONDENCE/REPORTING PROCEDURES:
Correspondence shall be sent to Tom Robertson, Utilities Engineering Specialist 1, with
copies to Rob Fahey, Utilities Engineering Manager.
INVOICING/FUNDING PROCEDURES:
An additional fee of $33,045.00 has been established for this work order as follows:
The fees shall be based on provision of Payment A - Actual Cost times a 3.1 multiplier
and will be invoiced monthly. Invoices are to be mailed to the attention of Marty Pages,
Administrative Analyst, City of Clearwater Public Works Administration, P.O. Box 4748,
Clearwater, FL 33758-4748.
City Invoicing Code (Water)
City Invoicing Code (Reclaimed):
SPECIAL CONSIDERATIONS:
0378-96742-561300-533-000-0000
The fee as shown is based upon the revised FDOT plans dated November 16, 2006.
This work is an amendment to work performed under a previous work order. All other
scope items from previous the previous work order remains in effect.
QA/QC:
I hereby certify as a licensed Professional Engineer, registered in accordance with Florida
Statue 471 (481) that the above project's site and/or construction plans, to the best of my
knowledge, information and belief, will meet applicable design criteria specified by City
municipal ordinance, State and Federal established standards. I understand that it is my
responsibility as the project's Professional Engineer to perform a quality assurance review of
these submitted plans.
PREPARED BY:
CITY
Date:
Michael D. Quillen, PE
Director of Engineering
TBE
Date:
Robert G. Brown, P.E.
Senior Vice President
Page 3 of 3
Item # 18
Attachment number 6
Page 1 of 3
City of Clearwater
Public Works Administration
TBE Group, Inc. (TBE) Work Order Initiation Form
Date: October 2008
TBE Project Number: 00083-141-00
City Project No. 05-0049-UT
PROJECT TITLE: US 19 from South of Seville Blvd. To North of SR 60
Utility Accommodation Services
1. BACKGROUND:
The Florida Department of Transportation proposes improvements to US 19 from
approximately 2300 feet south of Seville Blvd. to north of SR 60. The City's water and
sewer utilities will require relocation and/or adjustments as necessitated by the highway
improvements.
2. SCOPE OF WORK:
This is supplement No. 2 to the original work order for design services. To date, there
have been several revisions to the FDOT plans such as drainage revisions, incorporation
of other FDOT projects into the roadway plans, additional project meetings and
coordination with FDOT, changes to Microstation versions, etc. In addition, the original
work order only included design for the City's water and sewer facilities. The City
installed a reclaimed water main along US 19, which required additional coordination
services and design efforts.
TBE will provide Professional Engineering services necessary to accomplish the following:
< Attend Pre-Phase III, Phase III and Phase IV utility meetings with the Florida
Department of Transportation (FDOT)
< Prepare Pre-Phase III markups and submit to FDOT
< Prepare Phase III markups and submit to FDOT
< Prepare Phase IV final plans and submit to FDOT
< Prepare revised relocation schedule, technical special provisions and cost estimates
< Prepare and submit FDOT utility permit application
< Submit final UWHCA package to FDOT
< Submit FDEP permit application for water system improvements.
3. GOALS:
To provide utility relocation of the City of Clearwater's water, wastewater and reclaimed
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water facilities to accommodate the FDOT planned widening of US 19 from South of Seville
Blvd. to North of SR 60.
4. BUDGET:
An additional fee of $31,025.00 has been established for this assignment broken down as
follows:
Water $ 25,775
Sewer $ 5,250
TOTAL $ 31,025
5. SCHEDULE:
Services to be rendered will commence upon written notice-to-proceed from the City.
Pre-Phase III Submittal To be completed approximately 30 days following receipt of
Phase I roadway plans from the FDOT.
Phase III Submittal To be completed approximately 60 days following receipt of
Phase II roadway plans from the FDOT.
Phase IV UWHCA Package To be completed approximately 60 days following receipt of
100 percent roadway plans from FDOT.
6. TBE STAFF ASSIGNMENTS:
Title-Name Phone and Extension Number
Principal-in-Charge, Robert G. Brown, PE 727/531-3505, Ext 1540
Director, Dorian Modjeski, PE 727/531-3505, Ext 1542
Project Manager, Don McCullers 727/531-3505, Ext 1546
7. CORRESPONDENCE/REPORTING PROCEDURES:
Correspondence shall be sent to Tom Robertson, Utilities Engineering Specialist 1, with
copies to Janice "Nan" Bennett, PE, Assistant Public Utilities Director.
8. INVOICING/FUNDING PROCEDURES:
An additional fee of $31,025.00 has been established for this work order as follows:
The fees shall be based on provision of Payment A - Actual Cost times a 3.1 multiplier
and will be invoiced monthly. Invoices are to be mailed to the attention of Veronica
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Attachment number 6
Page 3 of 3
Josef, Sr. Staff Assistant, Engineering, City of Clearwater Public Works Administration,
P.O. Box 4748, Clearwater, FL 33758-4748.
City Invoicing Code (Water): 0376-96742-561300-533-000-0000
City Invoicing Code (Sewer): 0376-96634-561300-533-000-0000
9. SPECIAL CONSIDERATIONS:
The fee as shown is based upon the revised FDOT plans received May 21, 2008.
This work is an amendment to work performed under a previous work order. All other
scope items from previous the previous work order remains in effect.
10. QA/QC:
I hereby certify as a licensed Professional Engineer, registered in accordance with Florida
Statue 471 (481) that the above project's site and/or construction plans, to the best of my
knowledge, information and belief, will meet applicable design criteria specified by City
municipal ordinance, State and Federal established standards. I understand that it is my
responsibility as the project's Professional Engineer to perform a quality assurance review of
these submitted plans.
PREPARED BY:
CITY TBE
Michael D. Quillen, PE
Director of Engineering
Date:
Date:
Robert G. Brown, P.E.
Senior Vice President
Page 3 of 3 DRAFT
C:\ProgramFiles\Neevia.Com\DocumentConverter\temp\PDFConvertPROD.7870.1.US19_REV1Supp2Seville.doc Item # 18
' l City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Meeting Date: I 1/ 18/2008
Accept a perpetual 294.46 square foot landscaping and utilities easement over, under, across and upon a portion of Lot 2,
CLEARWATER TOWER, 33 North Garden Avenue, conveyed by Wilder Corporation of Delaware in consideration of receipt of
$1.00 and the benefits to be derived therefrom.
SUMMARY:
On June 25, 2006 the Wilder Corporation of Delaware ("Grantor") conveyed a 2749.46 square foot Landscaping and Utilities
Easement to the City over and across a portion of the Clearwater Two office tower at 33 North Garden Avenue.
The easement was given to the City for the purposes of extending and tying in the Station Square Park architectural palette right to
the tower structure contiguous to the park. The easement was conveyed prior to completion and approval of 100% project plans.
Final 100% plans identified the additional area as being desirable for extending pavers into the area and installation of a 6-foot
aluminum double swing gate to restrict pass-through pedestrian traffic between the park and the remaining office tower property.
The subject easement extends City authority to maintain and replace park improvements into the additional space conveyed. As
with the initial conveyance, the rights are perpetual and will run with the land except in the event the City would ever discontinue
use of Station Square Park, or transfer ownership of the park, in which instances the easement would terminate.
A copy of the easement documentation is available for review in the Office of Official Records and Legislative Services.
Review Approval: 1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk
Cover Memo
Item # 19
Attachment number 1
Page 1 of 5
0
Return to:
Earl Barrett
Engineering Department
City of Clearwater
P. 0. Box 4748
Clearwater, Fl. 34618-4748
RE: Parcel No. 16-29-15-16528-000-0020
LANDSCAPING & UTILITIES EASEMENT
FOR AND IN CONSIDERATION of the sum of One Dollar ($1.00) in hand paid to it, the receipt
of which is hereby acknowledged, and the benefits to be derived therefrom,
WILDER CORPORATION OF DELAWARE, a Delaware corporation
authorized to conduct business in the State of Florida
2536 Countryside Boulevard, Suite 250, Clearwater Fl. 33763
("Grantor"), does hereby grant and convey to the CITY OF CLEARWATER, FLORIDA, a Florida
Municipal Corporation ("Grantee"), non-exclusive easement over, under, across and upon the following
described land lying and being situate in the County of Pinellas, State of Florida, to wit:
A portion of Lot 2, CLEARWATER TOWER, as recorded in Plat Book 104, Pages 81 and
82 of the Public Records of Pinellas County, Florida, as depicted in EXHIBIT "A" and
being more particularly described in EXHIBIT "A", both appended hereto and by this
reference made a part hereof ("Additional Easement Area"), the same being appurtenant
to and an extension of that certain Easement Area conveyed by Grantor in that
Landscaping & Utilities Easement dated June 5, 2006 as recorded in O. R. Book 15292,
Pages 2204- 2208 of the Public Records of Pinellas County, Florida.
The CITY OF CLEARWATER, FLORIDA, shall have the right to enter upon the herein
described Easement Area to remove existing paving, landscaping and utilities, and to reconstruct
thereupon and therein replacement paving, landscaping, utilities and architectural features (hereafter,
"improvements") in accordance with the 100% plans and specifications detailed in City of Clearwater
Project entitled "Cleveland Street Streetscape and Station Square Park" (City Project No. 03-0093-ED),
and to inspect and alter such improvements from time to time. In the exercise of rights granted herein
Grantee shall in every instance restore all physical impacts to the easement premises to equal or better
condition as existed prior to the exercise of such rights.
Grantee further covenants and agrees with Grantor that it shall construct and install all
improvements in a workmanlike manner, and shall maintain reasonable access to Grantor's
appurtenant property at all times during the exercise of rights granted herein.
s
C:\Documents and Settings\Mary\Local Settings\Temporary Internet Files\Content.IE5\Y5C7KBAN\WILDER_CORP-
CLW TWR_2_ADD_EAS_080808[1].doc Page 1 of 2 Item # 19
Attachment number 1
Page 2 of 5
Grantor warrants and covenants with Grantee that it is the owner of fee simple title to the herein
described easement premises, and that Grantor has full right and lawful authority to grant and convey
this easement to Grantee, and that Grantee shall have quiet and peaceful possession, use and
enjoyment of this easement.
It is expressly understood that Grantor reserves unto itself all rights of ownership of the
easement premises not inconsistent with the easement rights granted herein.
This easement is binding upon the Grantor, the Grantee, their successors and assigns. The
rights granted herein are non-exclusive and shall run with the land, except that in the event Grantee
shall ever discontinue use of adjoining "Station Square Park" as a public park, or transfer ownership of
said public park, then in either event this easement shall terminate and all rights granted herein shall
cease as though they had never been conveyed by Grantor.
IN WITNESS WHEREOF, the undersigned grantor has caused these presents to be duly
executed this - 1, "day of OC_ ?-o \ p 2008.
Signed, sealed and delivered
WILDER CORPORATION OF DELAWARE,
a Delaware corporation authorized to conduct
business in the State of Florida
1
Maurice F. ilder,
as its President
STATE OF FLORIDA
COUNTY OF PINELLAS
: ss
The foregoing instrument was acknowledged before me this _3 day of 6
2008 by Maurice F. Wilder, as President, Wilder Corporation of Delaware, a Delaware corporation
authorized to conduct business in the State of Florida, who executed the foregoing instrument on behalf
of said corporation, and who acknowledged the execution thereof to be his free act and deed for the
use a d :po ther n ex ressed.
My Commission Expires:
Nelgry Public - a e of Florida
Type/Print Name
[Personally Known
[ ] Produced Identification
Type of Identification Produced
kti jp ublic Stete of Florida
uto
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Print Witness Name
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Attachment number 1
Page 3 of 5
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This is not a survey EXHIBIT A
NORTH
LOT 2
CLEARWATER TOWER
Plat Book 104, Pages 81 & 82
Legal Description
Point Of Commencement
Southwest Corner Lot 2
N 88'30' 47"E
65.29'
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Point Of Beginning
LiJ
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CLEVELAND ST
Commence at the Southwest Corner of Lot 2,
CLEARWATER TOWER, as recorded in Plat
Book 104, Pages 81 & 82 of the Public Records
of Pinellas County, Florida; run thence N
88°30'47" E, 65.29 feet; thence S 46°29'13" E,
26.40 feet; thence S 03°06'40" W, 8.89 feet;
thence N 88°47'08" E, 18.05 feet; thence S
01 °30'25" E, 8.70; thence S 46°47'21" E, 16.88
feet; thence N 43°14'31" E, 11.37 feet; thence N
46°47'21" W, 13.83 feet; thence N 43°14'39" E,
2.46 feet; thence N 46°47'21" W, 16.75 feet;
thence S 01 °30'25"E, 10.76 feet to the point of
termination.
L2 A
Containing 294.46 square feet (0.007 Ac.), more
?s or less.
LINE TA BLE
LINE LENGTH BEARING
L1 8.89' S03'06'40"W
L2 18.05' N88'47'08"E
L3 8.70' 501'30'25"E
L4 16.88' S46'47'21 "E
L5 11.37' N43'14'31 "E
L6 13.83' N46'47'21 "W
L7 2.46' N431 4',39"E
L8 16.75' N46'47'21"W
L9 10.76' S01'30'25"E
V1.
Attachment number 1
Page 4 of 5
11 CONSENT & JOINDER
The undersigned being owner and holder of an equitable interest in the real property described
herein by virtue of the lien of mortgage created in that certain Mortgage & Security Instrument dated
March 4, 2003, as recorded in Official Records Book 12585, Page 612, et al, as modified on the 10th
day of March 2005 in that certain Mortgage Modification Agreement entered into between Mortgagor
and the undersigned Mortgagee, as recorded in Official Records Book 14310, Page 1753, el al, public
records of Pinellas County, Florida; does hereby join with Grantor/Mortgagor and consents to the grant
of easement as described in that certain Landscaping and Utilities Easement dated
2008 as conveyed to the City of Clearwater, Florida; and hereby
subordinates all of its right, title, interest and claim in the lien evidenced by aforesaid instruments as
same may encumber the easement rights as conveyed by Grantor/Mortgagor.
Signed, sealed and delivered
In the presence of:
re
Pri t Wiess name
WqW r a )m
it ianature ,
Print Witr`l ? sf name
STATE OF FLORIDA
WACHOVIA BANK, National Association,
a national banking association
By:
Print Name
Title
ss
COUNTY OF
The oregoing instrument was acknowledged before me this -,)-I day of G ,
2008 by ojtO-(? !e?-I , as Sy a of
WACHOVIA BANK, National As Iation, a national banking association, mortgagee in the above-
described lien, who executed said instrument and acknowledged the exec ion thereof to be h_ free
act and deed for the uses and purposes therein expressed, and who [ is personally known to me or
who[ ] did provide as identification.
Ca..'d., jl? ?e ?-I? My Commission Expires:
N a Public - Sta of Florida
i G
a?rpe/Print Name
sir JANICE K. TICE
MY COMMISSION # DD 405477
EXPIRES: April 27,2009
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' l City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Meeting Date: I 1/ 18/2008
Deny request from Arnold Brown Properties for the City to release grantor's right to repurchase parking lot on the south side of
Drew Street between S. Osceola and N. Fort Harrison Avenues and authorize staff to repurchase the property in accordance with
the contract in the amount of $202,000, plus closing costs estimated at $3,000 to be purchased from 0315-92647-560100-545-000-
0000, Arnold Brown Property, to be funded from unreserved retained earnings in the Parking Fund and authorize the appropriate
officials to execute same.
SUMMARY:
In 2003, Arnold Brown Properties requested that the City of Clearwater declare surplus and offer for sale the two parking lots
abutting property owned or controlled by Arnold Brown. The parking lots are 54.30 x 344 feet in length, fronting on the south side
of Drew Street between S. Osceola and N. Fort Harrison Avenues. The westerly parcel was leased to Arnold Brown Properties
from 1985 to 2002. The easterly portion was operated as a metered surface parking lot for most of that time. Arnold Brown
Properties requested that the city declare the property surplus to allow them to purchase and assemble the property for
redevelopment.
In January 2003, the City declared the property surplus and offered it for sale for a minimum bid of $187,000.00. The Declaration
of Surplus contained conditions. It required the successful bidder to commit to initiating construction of a redevelopment project
with a FAR of not less than 3.0 and not less than 216,000 square feet MOL within five years of purchase. The invitation for bid
was issued on February 3, 2003. Arnold Brown Properties submitted the only bid meeting the requirements of the invitation for
bid. Council approved the contract with the requirement that the city would have the right to require Arnold Brown to reconvey the
property if they failed to pull a foundation permit for one or more buildings with a FAR of not less than 3.0 for a residential retail,
office, or hotel use. The City's right to repurchase was for the amount of the purchase price of $202,000.00 subject to normal
prorations. The agreement also provided that the grantee could request, at any time, a release of the city's right to repurchase. The
city has 60 days after receipt of the written request to either release its right to repurchase or, if Arnold Brown has failed to meet
the development conditions, the city may exercise the right to repurchase.
In September 2008, Arnold Brown Properties has requested in writing that the City release its right to repurchase this property.
City staff has reviewed the request and recommends denying the request and that the City repurchase the property. The property
was originally sold to the Developer for redevelopment purposes and the Developer has not performed according to the conditions
outlined in the purchase agreement.
Therefore, it is prudent for the City to repurchase the parcel, as the site is a key redevelopment parcel for the Downtown as part of
a larger assembly of land. The City's ownership of the parcel provides leverage for the City in any future redevelopment scenario
that benefits the City and furthers its goals.
The funds for repurchase are currently available in the Parking Fund. A quarterly budget amendment will appropriate and transfer
$202,000 plus closing costs of unreserved retained earnings from the Parking Fund to CIP project 0315-92647-560100-545-000-
0000, Arnold Brown Property, to pay for this purchase. The City will use the site for parking until such time as it would be
available for redevelopment purposes.
Type:
Current Year Budget?:
Budget Adjustment Comments:
Parking Fund
Purchase
No Budget Adjustment:
Yes
Cover Memo
Item # 20
Current Year Cost: Annual Operating Cost:
Not to Exceed:
For Fiscal Year:
to
Total Cost:
Review 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager ED 5) Clerk 6) City
Approval: Manager 7) Clerk
Cover Memo
Item # 20
' l City Council Agenda
Council Chambers - City Hall
Meeting Date: I 1/ 18/2008
SUBJECT / RECOMMENDATION:
Approve Standard Agreement Form to be used with the various Senior Adult Co-Sponsor Groups and the City of Clearwater and
authorize the City Manager and/or his designee to approve such agreements.
SUMMARY:
In February, 2002, the City Council approved a similar agreement for all Co-Sponsored Groups including senior adults and
youth. Since then, staff has seen a need to create a separation between the Senior Adult and Youth Co-Sponsor Agreements thus
the request for a new Senior Adult Standardized Form.
The Senior Adult Co-Sponsor Groups provide a valuable service to the community, through their extensive use of volunteers and
volunteer resources. The City owns certain public properties and facilities that are available to be utilized by the Senior Adult Co-
Sponsor Groups for their programs.
The proposed agreement clarifies the roles between the City and the Senior Adult Co-Sponsor Groups and provides added
protection for the citizens and Clearwater by placing clear expectations on the Senior Adult Co-Sponsor Groups. Part of the
Agreement has a requirement that the Co-Sponsor Groups will provide manpower to support City events and programs not
associated with their activities.
Staff is recommending that the City Manager or his designee be authorized to enter into these agreements similar to all Rental
Agreements, Youth Co-Sponsor Agreements and Park Use Agreements. Currently, the agreement will be with the 3-Score
Club. The 3-Score Club is a group of 60 years plus men that play softball at the E. C. Moore Complex. Last year they provided
over 2500 volunteer hours to City events.
The Lawnbowling Club, Clearwater Horseshoe Club and Clearwater Shuffleboard Club will be covered by separate agreements
since they maintain buildings and facilities for the City and the expectations for those groups is higher.
Review Approval: 1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk
Cover Memo
Item # 21
Attachment number 1
Page 1 of 6
SENIOR ADULT PARTNERSHIP AGREEMENT
This Partnership Agreement is made and entered into between the City of Clearwater,
whose address is: Attn: Parks and Recreation Director, Post Office Box 4748, Clearwater, FL
33758-4748, hereinafter referred to as the City, and
, whose address is:
referred to as the Agency.
WHEREAS, it has been determined to be highly desirable and socially responsible to
provide recreational activities and facilities to meet the needs of senior adult groups; and
WHEREAS, the City desires to provide recreation programs and activities as a means to
help senior adults; and
WHEREAS, the Agency has proposed to provide senior adult recreation for local
residents as described herein; and
WHEREAS, the City owns hereinafter
referred to as the Facility, located at
and Agency wishes to utilize the Facility as provided for herein.
NOW, THEREFORE, the parties agree as follows:
ARTICLE L TERM
1. Term: The term of this agreement shall be for a period of one (1) year commencing on the
day of , 20 ("Effective Date") and continuing through the
day of 20 ("Termination Date ") unless earlier terminated under the terms
of this agreement.
2. Options to Renew: This agreement may be extended by mutual written agreement of the
parties on an annual basis, on the same terms and conditions as are set forth herein.
ARTICLE II. RESPONSIBILITIES OF THE AGENCY
Services to be Provided: One of the Agency's goals shall be to provide programs to
meet the recreational needs of adults.
a) Programs: The Agency will provide for the supervision, funding and
programming ("Program") at the facility described in this agreement. Some of
the programs to be provided are as follows:
i)
ii)
iii)
iv)
Item # 21
Attachment number 1
Page 2 of 6
b) Assistance to the City: Provide Agency personnel and volunteers to service and
oversee the Programs at the Facility.
2. Area to be Served: Services rendered through this agreement shall be provided
primarily for the enjoyment of residents of Clearwater but will include residents of other
areas in order to make the offerings of said program feasible and successful.
Use of
a) No Illegal Use: The Agency promises and agrees that they will make or allow no
unlawful, improper or offensive use of the premises. Further, the Agency
understands and agrees that this provision specifically prohibits, among other acts,
the sale, consumption or use of alcoholic beverages or controlled substances
anywhere in, on or around the Center and those adjacent areas used by the
Agency.
b) Rules for Use: Rules and regulations governing the use of the Facility may be
established by the Agency, providing they are not in conflict or inconsistent with
the ordinances, policies or operating rules of the City generally and for the Facility
or the terms of this Agreement. Such rules and regulations developed by this
Agency may provide for and allow reasonable club or user fees to be retained by
the Agency.
C) General Adherence to City Ordinances: Notwithstanding any limitations
implied by the provisions above, the Agency promises to observe all City
ordinances and other applicable law.
d) Structure: No permanent alterations or improvements to the facility may be
made without the written consent of the City. Any permanent structural additions
approved by the City will become City property.
4. Payment for all operating expenses: The Agency is responsible to pay all operating
expenses associated with its Programs.
5. Payment of Fees and Taxes: If needed, the Agency shall obtain all required licenses at
its own expense and shall pay all required taxes necessary to the Agency's operation at
the Facility.
6. Payment of Resident and Non-Resident Fees: The Agency shall require that all
participants of their organization either have a resident or non-resident recreation card, or
provide 20 hours of volunteer services to the City of Clearwater annually. Rosters of
members and/or participants will be kept by the Agency and the City may verify the
rosters for compliance, in its sole discretion.
Item # 21
Attachment number 1
Page 3 of 6
7. Scheduled Reports of Agency Activities: The Agency shall furnish the City Parks and
Recreation Department with an annual report of activities conducted under the provisions
of this agreement within sixty (60) days of the end of the Agency's fiscal year. Each
report is to identify the number of clients served, the type of activities, programs offered
and number of volunteer hours worked by the members.
8. Non-discrimination: Notwithstanding any other provisions of this agreement during the
term of this agreement, the Agency for itself, agents and representatives, as part of the
consideration for this agreement, does covenant and agree that:
a) Nondiscrimination: Agency agrees that no person shall, on the grounds of race,
sex, handicap, national origin, religion, marital status or political belief, be
excluded from participation in, denied the benefit(s) of, or be otherwise
discriminated against as an employee, volunteer, or client of the provider. Agency
agrees to maintain reasonable accommodation and access for handicapped
persons.
b) Inclusion in Subcontracts: The Agency agrees to include the requirement to
adhere to Title VI and Title VII of the Civil Rights Act of 1964 in all approved
sub-contracts.
C) Breach of Nondiscrimination Covenants: In the event of conclusive evidence
of a breach of any of the above non-discrimination covenants, the City shall have
the right to terminate this agreement immediately.
9. Publicizing of City Support: Agency agrees to utilize every reasonable opportunity to
publicize the support received from the City. Agency further agrees to supply the City up
to three copies of any publication developed in connection with implementation of
programs addressed by this Agreement at no cost to the City. Such publications will state
that the program is supported by the City.
10. Liability and Indemnification: The Agency shall act as an independent contractor and
agrees to assume all risks of providing the program activities and services herein agreed
and all liability therefore, and shall defend, indemnify, and hold harmless the City, its
officers, agents, and employees from and against any and all claims of loss, liability, and
damages of whatever nature, to persons and property, including, without limiting the
generality of the foregoing, death of any person and loss of the use of any property, except
claims arising from the negligence or willful misconduct of the City or City's agents or
employees. This includes, but is not limited to matters arising out of or claimed to have
been caused by or in any manner related to the Agency's activities or those of any
approved or unapproved invitee, contractor, subcontractor, or other person approved,
authorized, or permitted by the Agency in or about its premises whether or not based on
negligence. Nothing herein shall be construed as a consent by the City to be sued by third
parties, or as a waiver or modification of the provisions of Section 768.28, Florida
Statutes or the Doctrine of Sovereign Immunity.
3 Item # 21
Attachment number 1
Page 4 of 6
11. Insurance: The Agency agrees that it will indemnify and save the City harmless on
account of the negligent acts of Agency staff, volunteers or agents or on account of any
unsafe condition that may exist as a result of the negligent operation by Agency staff,
volunteers or agents of the facilities. The Agency further agrees to carry liability
insurance where appropriate and as requested by the City and as shown below; and add
the City of Clearwater to its insurance policy as an additional insured.
a) Comprehensive General Liability insurance on an "occurrence" basis in an
amount not less than $1,000,000 combined single limits Bodily Injury Liability
and Property Damage Liability.
b) Business Automobile Liability insurance for any motor vehicle owned by, hired
by, used by, or used on behalf of an Agency in the amount of at least $1,000,000,
providing Bodily Injury Liability and Property Damage Liability.
c) Worker's Compensation Insurance applicable to its employees, if any, for
statutory coverage limits in compliance with Florida laws.
d) Property Insurance, if available, as a tenant or user of City facilities in an amount
not less than $500,000.
e) Certificates of insurance showing coverage as provided above will be provided to
the City by
f) Special insurance requirements if needed by other groups, i.e. Long Center,
Pinellas County School Board, etc.
The address where such certificate(s) of insurance shall be sent or delivered is as follows:
City of Clearwater
Attention: Parks and Recreation
Superintendent of Recreation
P.O. Box 4748
Clearwater, FL 33758-4748
Also, copy to be sent to Risk Manager at same address.
ARTICLE III. RESPONSIBILITIES OF THE CITY
Grant of In-Kind Services:
a) The City agrees to provide ballfield, lawn and landscape maintenance services for
all areas in the park and around the Facility, as applicable and as annual budgets
allow.
b) The City will fund the cost of all utilities including water, sewer, sanitation, storm
water, gas, recycling as well as electrical costs.
Item # 21
Attachment number 1
Page 5 of 6
C) The City will not provide any other additional in-kind services, supplies, labor or
equipment whether on loan or for consumption to the Agency.
2. City Liaison: The Recreation Programming Division of the City of Clearwater will serve
as the City Liaison for the Agency
ARTICLE IV. DISCLAIMER OF WARRANTIES
This Agreement constitutes the entire Agreement between the parties on the subject hereof and
may not be changed, modified, or discharged except by written Amendment duly executed by
both parties. No representations or warranties by either party shall be binding unless expressed
herein or in a duly executed Amendment hereof.
ARTICLE V. TERMINATION
For Cause: Failure to adhere to any of the provisions of this agreement as determined by
the City shall constitute cause for termination. This agreement may by terminated with
30 days written notice without any further obligation by City.
2. Without Cause: Either Party may terminate this Agreement immediately without cause.
Upon such termination, the Agency shall remit to the City all monies due hereunder
within fifteen (15) days.
For Municipal Purpose: The City may terminate this Agreement in the event it
determines that the premises are required for any other municipal purposes by giving
thrity (30) days written notice of such intended use, following which this Agreement shall
terminate in every respect, and both parties shall be relieved of any further obligations
hereunder, except that Agency shall be responsible for full payment of all costs and
expenses resulting from the operation hereof, together with any other monies due in
accordance with this Agreement.
ARTICLE VI. NOTICE
Any notice required or permitted to be given by the provisions of this agreement shall be
conclusively deemed to have been received by a party hereto on the date it is hand-delivered to
such party at the address indicated below (or at such other address as such party shall specify to
the other party in writing), or if sent by registered or certified mail (postage prepaid), on the fifth
(5th) business day after the day on which such notice is mailed and properly addressed.
If to City, addressed to Parks and Recreation Director, P.O Box 4748, Clearwater, FL
33758. With copy to: City Attorney, P.O. Box 4748, Clearwater, FL 33758.
2. If no Agency, addressed to
Item # 21
Attachment number 1
Page 6 of 6
IN WITNESS WHEREOF, the parties hereto have set their hands and seals this
day of , 20.
Countersigned: CITY OF CLEARWATER, FLORIDA
By:
Frank V. Hibbard William B. Horne, II
Mayor City Manager
Approved as to form:
Laura Lipowski
Assistant City Attorney
Name of Agency
By:
Printed Name:
Attest:
Cynthia E. Goudeau
City Clerk
Chief Executive Officer/President of the Agency
Item # 21
' l City Council Agenda
Council Chambers - City Hall
Meeting Date: I 1/ 18/2008
SUBJECT / RECOMMENDATION:
Approve a contract with the Pinellas County School Board (PCSB) to purchase real property identified as Pinellas County Parcel
32-28-16-00000-410-0100 containing 27 acres more or less, more commonly known as "Lake Chautauqua Equestrian and Nature
Preserve", for $3,645,000 plus estimated closing expenses not to exceed $50,000, for a total cost not to exceed $3,695,000,
approve funding the City portion of $2,217,000 from Recreation Facility Land Impact Fees ($1,206,100) and Open Space Impact
Fees ($1,010,900) to be transferred at first quarter to CIP 315-93601, and authorize appropriate officials to execute same, together
with all other instruments required to effect closing.
SUMMARY:
On December 20, 2007 the City Council approved a Florida Communities Trust (FCT) project grant agreement for the
acquisition of properties creating the Lake Chautauqua Equestrian and Nature Preserve, in the amount of $4,800,000, between the
State of Florida Department of Community Affairs and the City of Clearwater and authorized the appropriate officials to execute
same. The project includes this parcel as well as an additional contiguous parcel which the City continues to work to secure.
This purchase will provide additional invaluable open space and parklands for the citizens of Clearwater and Pinellas
County. This acquisition together with Lake Chautauqua Park (40 acres), and DD Davis Park (5 acres) will provide for a regional
park of over 72 acres.
The subject property was valued at $3,465,000 in an appraisal performed by Fogarty & Finch, Inc. on July 25, 2008, and
valued at $3,825,000 by James M. Millspaugh & Associates as of July 28, 2008.
The proposed purchase price of $3,645,000 is well within the appraised value of the property.
The purchase is based on a contingency that the City is successful in vacating a County ROW on the North side of the
property and developing a perpetual easement on the North side of Boy Scout property which will then provide public access to
Lake Chautauqua which is a requirement of the grant. In exchange for the perpetual easement from the BSA the City will grant
BSA a perpetual easement on City property located at the entrance to Camp Soule on the East side of Soule Road for existing
encroachments to their property. Also the final purchase is based on the City receiving an approved management plan from the
FCT.
Funding for the purchase of the property is a 60/40 City match and is provided in the following manner:
$1,478,000 Florida Community Trust Grant
$ 1,010,900 City of Clearwater - Open Space Impact Fees
$ 1,206,100 City of Clearwater - Recreation Facility Land Impact Fees $3,695,000 Total
Of this amount $1,500,000 ($750,000 of Recreation Facility Land Fees and $750,000 of Open Space Fees) have been
budgeted for this purchase. If funding is approved then an additional $456,100 of Recreation Facility Land Fees and $260,900 of
Open Space Impact Fees will be transferred into CIP 315-93601 at first quarter.
PCSB will consider this item at their first board meeting in December after a decision has been made by the City.
In addition to passive park activities like picnicking, nature walks, hiking, bird watching etc., there will also be a small nature
education center, and equestrian trails. The development of the property will occur in phases as determined in the management
plan. Volunteer groups will accomplish most of the work associated with the development. No increase in operating budget or
FTE's is anticipated since the property will be left primarily in its natural state and will simply be connected to an existing
developed park site.
Cover Memo
Item # 22
Type: Capital expenditure
Current Year Budget?: Yes
Budget Adjustment Comments:
Current Year Cost: $3,695,000
Not to Exceed: $3,695,000
For Fiscal Year: 2008 to 2009
Budget Adjustment: No
Annual Operating Cost: -0-
Total Cost: $3,695,000
Appropriation Code Amount Appropriation Comment
315-93601 $1,478,000 Florida Community Trust Grant
315-93601 $1,010,900 Open Space Impact Fee
315-93601 $1,206,100 Recreation Facility Land Impact Fee
Review 1) Engineering 2) Financial Services 3) Office of Management and Budget 4) Parks and
Approval: Recreation 5) Engineering 6) Financial Services 7) Office of Management and Budget 8) Legal 9) Clerk 10) Assistant City
Manager 11) Clerk 12) City Manager 13) Clerk
Cover Memo
Item # 22
Attachment number 1
Page 1 of 8
CONTRACT FOR PURCHASE OF REAL PROPERTY
BY
THE CITY OF CLEARWATER, FLORIDA
PARTIES: The SCHOOL BOARD OF PINELLAS COUNTY, FLORIDA, hereinafter referred to as
"Seller", C/O Walter Pownall Service Center, 11111 South Belcher Road, Largo, Fl. 33773, and the
CITY OF CLEARWATER, FLORIDA, a Municipal Corporation of the State of Florida (herein "Buyer" or
"City") of P. O. Box 4748, Clearwater, Florida 33758-4748, (collectively "Parties") hereby agree that the
Seller shall sell and Buyer shall buy the following real property ("Real Property") and personal property,
if any ("Personalty") (collectively "Property") upon the following terms and conditions.
1. PROPERTY DESCRIPTION (Pinellas County Parcel I. D. No. 32-28-16-00000-410-0100)
LEGAL DESCRIPTION: A portion of the Southeast Y4 of Section 32, Township 28 South, Range 16
East, being more particularly described as follows: The East 965.08 feet of
the North '/ of the Southeast Y4 of Section 32, Township 28 South, Range
16 East, LESS the East 33.00 feet thereof, ALSO LESS the South 33.00
feet thereof, ALSO LESS the North 33.00 feet thereof, Pinellas County,
Florida. Containing 26.98 acres, more of less.
2. FULL PURCHASE PRICE .................................................................. $ 3.645.000.00
3. MANNER OF PAYMENT: City of Clearwater check in U.S. funds
at time of closing ......................................... $ 3.645,000.00
4. PURCHASE PRICE
The Full Purchase Price as established herein has been reached through negotiations with the Seller
by City staff and reflects average valuation between the following two appraisals: The subject property
was valued at $3,465,000 in an appraisal performed by Fogarty & Finch, Inc. on July 25, 2008, and
valued at $3,825,000 by James M. Millspaugh & Associates as of July 28, 2008.
5. TIME FOR ACCEPTANCE; APPROVALS
Following execution of this contract by the City, the price, terms and conditions as contained herein
shall remain unchanged and be held unconditionally open for a period of 60 days following delivery in
duplicate original to the Seller for acceptance and approval, or rejection, or rejection by Seller. If this
agreement is accepted and approved by Seller, it will be executed by duly authorized officials and
delivered to Buyer within 15 days thereafter. If Seller rejects this contract upon initial presentation, this
contract shall be null and void in all respects and Seller shall so inform Buyer in writing within 5 days of
such action.
Item # 22
Attachment number 1
Page 2 of 8
6. TITLE
Seller warrants legal capacity to and shall convey marketable title to the Property by Statutory Warranty
Deed, subject only to matters contained in Paragraph 7 acceptable to Buyer. Otherwise title shall be
free of liens, easements and encumbrances of record or known to Seller, but subject to property taxes
for the year of closing; covenants, restrictions and public utility easements of record; and no others
provided there exists at closing no violation of the foregoing and none of them prevents Buyer's
intended use of the Property. Buyer shall satisfy itself prior to closing that ingress and egress to the
Real Property is sufficient for the Buyer's intended use of the property.
7. TITLE EVIDENCE
Buyer, at Buyer expense and within 15 days prior to closing date shall obtain a title insurance
commitment issued by a Florida licensed title insurer agreeing to liens, encumbrances, exceptions or
qualifications set forth in this Contract, and those which shall be discharged by Seller at or before
closing. Seller shall convey a marketable title subject only to liens, encumbrances, exceptions or
qualifications set forth in this Contract. Marketable title shall be determined according to applicable Title
Standards adopted by The Florida Bar and in accordance with law. If title is found defective, Buyer
shall notify Seller in writing specifying defect(s). If the defect(s) render title unmarketable, Seller will
have 120 days from receipt of notice within which to remove the defect(s), failing which Buyer shall
have the option of either accepting the title as it then is or withdrawing from this Contract. Seller will, if
title is found unmarketable, make diligent effort to correct defect(s) in title within the time provided
therefor, including the bringing of necessary suits.
8. SURVEY
Buyer, at Buyer's expense, within time allowed to deliver evidence of title and to examine same, may
have Real Property surveyed and certified to the Buyer, Seller and closing agent by a registered Florida
land surveyor. If survey shows any encroachment on Real Property, or that improvements located on
Real Property encroach on setback lines, easements, lands of others, or violate any restrictions,
contract covenants or applicable governmental regulation, the same shall constitute a title defect. The
survey shall be performed to minimum technical standards of the Florida Administrative Code and may
include a description of the property under the Florida State Plane Coordinate System as defined in
Chapter 177, Florida Statutes.
9. CLOSING PLACE AND DATE
Seller and Buyer shall, by mutual verbal agreement, designate a closing agent and this transaction shall
be closed in the offices of the designated closing agent in Pinellas County, Florida, on or before 180
days following execution by Seller, unless extended by other provisions of this contract. If either
party is unable to comply with any provision of this contract within the time allowed, and be prepared to
close as set forth above, after making all reasonable and diligent efforts to comply, then upon giving
written notice to the other party, time of closing may be extended up to 60 days without effect upon any
other term, covenant or condition contained in this contract.
Page 2 of 8 Item # 22
Attachment number 1
Page 3 of 8
10. CLOSING DOCUMENTS
Buyer shall furnish closing statements for the respective parties, deed, bill of sale, mechanic's lien
affidavit, assignments of leases, tenant and mortgage estoppel letters, and corrective instruments as all
or any may be applicable.
11. CLOSING EXPENSES
The Buyer, unless this transaction is exempt under Chapter 201.24, Florida Statutes, shall pay
documentary stamps on the deed. Seller shall pay the costs of recording any corrective instruments.
Buyer shall pay recordation of the deed.
12. PRORATIONS; CREDITS
Taxes, assessments, rent (if any) and other revenue of the Property shall be prorated through the day
before closing. Closing agent shall collect all ad valorem taxes uncollected but due through day prior to
closing and deliver same to the Pinellas County Tax Collector with notification to thereafter exempt the
Property from taxation as provided in Chapter 196.012(6), Florida Statutes. If the amount of taxes and
assessments for the current year cannot be ascertained, rates for the previous year shall be used with
due allowance being made for improvements and exemptions. Assessments for any improvements that
are substantially complete at time of closing shall be paid in full by Seller.
13. OCCUPANCY
Upon execution of this agreement by the Seller, the Seller agrees to terminate existing Agreement with
West Central Florida Council, Inc., Boy Scouts of America, dated January 24, 2004, permitting its use
of the subject property. Seller warrants that other than as referenced in this provision, there are no
parties in occupancy other than the Seller, or as otherwise disclosed herein. Seller agrees to deliver
occupancy of the Property to Buyer at time of closing unless otherwise stated herein.
14. PROPERTY CONDITION
Seller shall deliver the Property to Buyer at time of closing in its present "as is" condition, ordinary wear
and tear excepted, and shall maintain the landscaping and grounds in a comparable condition. Seller
makes no warranties other than is disclosed herein in Paragraph 20 ("SELLER WARRANTIES") and
marketability of title. Buyer's covenant to purchase the Property "as is" is more specifically represented
in either subparagraph 1. a. or b. as marked [X].
a. [ ] As Is: Buyer has inspected the Property or waives any right to inspect and accepts the Property
in its present "as is" condition.
b. [X] As Is With Right of Inspection: Buyer may, at Buyer expense and within 21 days following the
Effective Date ("Inspection Period"), conduct inspections, tests, environmental and any other
investigations of the Property Buyer deems necessary to determine suitability for Buyer's intended use.
Seller shall grant reasonable access to the Property to Buyer, its agents, contractors and assigns for
the purposes of conducting the inspections provided, however, that all such persons enter the Property
and conduct the inspections and investigations at their own risk. Seller will, upon reasonable notice,
provide utilities services as may be required for Buyer's inspections and investigations. Buyer shall not
Page 3 of 8 Item # 22
Attachment number 1
Page 4 of 8
engage in any activity that could result in a mechanics lien being filed against the Property without
Seller's prior written consent. Buyer may terminate this contract by written notice to Seller prior to
expiration of the Inspection Period if the inspections and/or investigations reveal conditions which are
reasonably unsatisfactory to Buyer, including but not limited to, undisclosed environmental issues. If
this transaction does not close, Buyer agrees, at Buyer expense, to repair all damages to the Property
resulting from the inspections and investigations and return the Property to its present condition.
15. WALK-THROUGH INSPECTION
At a time mutually agreeable between the parties, but not later than the day prior to closing, Buyer may
conduct a final "walk-through" inspection of the Property to determine compliance with any Buyer
obligations under Paragraphs 13 and 14 and to insure that all Property is in and on the premises. No
new issues may be raised as a result of the walk-through.
16. SELLER HELD HARMI ESS
Buyer, being self insured, and subject to the limits of liability and restrictions of Florida Statute 768.28,
agrees to indemnify and hold harmless the Seller from claims of injury to persons or property during the
inspections and investigations described in Paragraph 14(b) resulting from Buyer's own negligence
only, or that of its employees or agents only, subject to F. S. 768.28 and the doctrine of sovereign
immunity.
17. RISK OF LOSS
If the Property is improved, and improvements are damaged by fire or other casualty before closing and
cost of restoration does not exceed 3% of the Purchase Price of the Property, cost of restoration shall
be an obligation of the Seller and closing shall proceed pursuant to the terms of this contract with
restoration costs escrowed at closing. If the cost of restoration of the improvements exceed 3% of the
Purchase Price, Buyer shall have the option of either taking the Property "as is", together with 3% of
the corresponding amount of all insurance proceeds payable by virtue of such loss or damage, or of
canceling this contract.
18. PROCEEDS OF SALE; CLOSING PROCEDURE
The deed shall be recorded upon clearance of funds. Proceeds of sale shall be held in escrow by the
closing agent or by such other mutually acceptable escrow agent for a period of not longer than 5 days
from and after closing, during which time evidence of title shall be continued at Buyer's expense to
show title in Buyer, without any encumbrances or change which would render Seller's title unmarketable
from the date of the last title evidence. If Seller's title is rendered unmarketable through no fault of the
Buyer, Buyer shall, within the 5-day period, notify the Seller in writing of the defect and Seller shall have
30 days from the date of receipt of such notification to cure the defect. If Seller fails to timely cure the
defect, all funds paid by or on behalf of the Buyer shall, upon written demand made by Buyer and within
5 days after demand, be returned to Buyer and simultaneously with such repayment, Buyer shall return
Personalty and vacate Real Property and reconvey it to Seller by special warranty deed. If Buyer fails
to make timely demand for refund, Buyer shall take title "as is", waiving all rights against Seller as to
any intervening defect except as may be available to Buyer by virtue of warranties contained in the
deed. The escrow and closing procedure required by this provision may be waived if title agent insures
adverse matters pursuant to Section 627.7841, F. S. (1987), as amended.
Page 4 of 8 Item # 22
Attachment number 1
Page 5 of 8
19. DEFAULT
If this transaction is not closed due to any default or failure on the part of the Seller, other than to make
the title marketable after diligent effort, Buyer may seek specific performance or unilaterally cancel this
agreement upon giving written notice to Seller. If this transaction is not closed due to any default or
failure on the part of the Buyer, Seller may seek specific performance. If a Broker is owed a brokerage
fee regarding this transaction, the defaulting party shall be liable for such fee.
20. SELLER WARRANTIES
Seller warrants that there are no facts known to Seller that would materially effect the value of the
Property, or which would be detrimental to the Property, or which would effect Buyer's desire to
purchase the property except as follows: (STy known defects- If none are known, write "NONE".
If no entry, it shall be deemed that "NONE" has been entered)
Buyer shall have the number of days granted in Paragraph 14(b) above ("Inspection Period") to
investigate said matters as disclosed by the Seller, and shall notify Seller in writing whether Buyer will
close on this contract notwithstanding said matters, or whether Buyer shall elect to cancel this contract.
If Buyer fails to so notify Seller within said time period, Buyer shall be deemed to have waived any
objection to the disclosed matters and shall have the obligation to close on the contract.
21. RADON GAS NOTIFICATION
In accordance with provisions of Section 404.056(5), Florida Statutes (1989), as amended, Buyer is
hereby informed as follows:
RADON GAS: Radon is a naturally occurring radioactive gas that, when it has
accumulated in a building in sufficient quantities, may present health risks to persons
who are exposed to it over time. Levels of radon that exceed federal and state
guidelines have been found in buildings in Florida. Additional information regarding
radon and radon testing may be obtained from your County public health unit.
22. CONTRACT NOT RECORDABLE; PERSONS BOUND
Neither this contract nor any notice of it shall be recorded in any public records. This contract shall bind
and inure to the benefit of the parties and their successors in interest. Whenever the context permits,
singular shall include plural and one gender shall include all.
23. NOTICE
All notices provided for herein shall be deemed to have been duly given if and when deposited in the
Page 5 of 8 Item # 22
Attachment number 1
Page 6 of 8
United States Mail, properly stamped and addressed to the respective party to be notified, including the
parties to this contact, or the parties attorneys, escrow agent, inspectors, contractors and all others who
will in any way act at the behest of the parties to satisfy all terms and conditions of this contract with
copy provided to the parties hereto.
24. ASSIGNABILITY; PERSONS BOUND
This contract is not assignable. The terms "Buyer", "Seller", and "Broker" (if any) may be singular or
plural. This Contract is binding upon Buyer, Seller, and their heirs, personal representatives, and
successors.
25. TYPEWRITTEN OR HANDWRITTEN PROVISIONS
Typewritten or handwritten provisions shall control all printed provisions of contract in conflict with them.
26. EFFECT OF PARTIAL INVALIDITY
The invalidity of any provision of this contract will not and shall not be deemed to effect the validity of
any other provision. In the event that any provision of this contract is held to be invalid, the parties
agree that the remaining provisions shall be deemed to be in full force and effect as if they had been
executed by both parties subsequent to the expungement of the invalid provision.
27. GOVERNING LAW
It is agreed by and between the parties hereto that this contract shall be governed by, construed, and
enforced in accordance with the laws of the State of Florida.
28. COUNTERPARTS; FACSIMILE COPY
This contract may be executed in two or more counterparts, each of which shall be deemed an original
and all of which together shall constitute one instrument. A facsimile copy of this contract, including any
addendum, attachments and any written modifications hereof, and any initials or signature thereon shall
be deemed an original.
29. ADDENDUM / ENTIRE AGREEMENT
This contract contains an ADDENDUM attached hereto and by this reference made an integral part of
this contract. Upon execution by Seller and Buyer, this contract, together with all of the provisions of the
herein referenced ADDENDUM, shall constitute the entire agreement between the parties, shall
supersede any and all prior and contemporaneous written and oral promises, representations or
conditions in respect thereto. All prior negotiations, agreements, memoranda and writings shall be
merged herein. Any changes to be made in this agreement shall only be valid when expressed in
writing, acknowledged by the parties and incorporated herein or attached hereto.
Signatories: Contract To Purchase Real Property By the City of Clearwater
Parcel I. D. No. 32-28-16-00000-410-0100
Page 6 of 8 Item # 22
Attachment number 1
Page 7 of 8
EXECUTED this day of , 2008.
Countersigned:
Frank V. Hibbard
Mayor
Approved as to form:
CITY OF CLEARWATER, FLORIDA
Bv:
William B. Horne II
City Manager
Attest:
Laura Lipowski Cynthia E. Goudeau
Assistant City Attorney City Clerk
APPROVED & EFFECTIVE this day of 200_
SCHOOL BOARD OF PINELLAS COUNTY,
FLORIDA
By:
Print Name
Chairperson
Attest:
Print Name
Approved as to form:
Print Name
School Board Attorney
Page 7 of 8
Superintendent
Item # 22
Attachment number 1
Page 8 of 8
To that certain Contact For Purchase of Real Property By The City of Clearwater,
Florida, by and between the City and the School Board of Pinellas County, Florida,
regarding real property lying and being situate in the Southeast Y4 of Section 32,
Township 28 South, Range 16 East more specifically identified as Pinellas County
Parcel #32-28-16-00000-410-0100.
TO WIT:
Closing and conveyance of title in and to the real property described herein is
specifically conditioned upon and absolutely subject to satisfactory completion of
the following pre-closing requirements:
A. Vacation by Pinellas County, pursuant to application filed by the West
Central Florida Council, Inc., Boy Scouts of America, of that portion of a 33-
foot right-of-way described in Official Record Book 857, at Page 544 of the
Public Records of Pinellas County, Florida, as same may lie and be situate
in the north 33 feet of the East'/ of the North'/ of the Northeast Y4 of
Section 32, Township 28 South, Range 16 East lying west of the west
boundary of the subject parcel, as extended north.
B. Conveyance to the City of Clearwater by the West Central Florida Council,
Inc., Boy Scouts of America, of a 10-foot wide Ingress & Egress Easement
over, under, across and through the North 10-feet of the vacated parcel
described in Paragraph A above, together with the North 10-feet of Pinellas
County Parcel #32-29-16-00000-410-0000, extended to the waters of Lake
Chautauqua.
C. Release by the West Central Florida Council, Inc., Boy Scouts of America,
of the Right of First Refusal as defined in paragraph 3.D of that Purchase &
Sale Agreement with the School Board of Pinellas County dated May 9,
1990.
Page 8 of 8 Item # 22
Attachment number 2
Page 1 of 1
This instrument prepared by and return to:
Pinellas County Schools WOV 13 ?008
Real Estate & Con€urrency Services
111115, Belcher Road Real Esiui j wid
Largo, FL 33773 Camuuency Services
RELEASE OF FIRST RIGHT OF REFUSAL
BEFORE ME, the undersigned authorhy, personally appeared 1 it i qM . ?D&Vi S
who being by me first duly sworn deposes and says:
That Boy Scouts of America, West Central Florida Council ('Boy Scouts% hereby
releases any and all interest and options for the purchase of the real property described as:
The East 965.08 feet of the North X of the Southeast X of Section 32, Township 28
South, Range 16 East, Pinellas County, Florida; LESS the South 33 feet thereof; ALSO LESS the
East 33 feet thereof; ALSO LESS the North 33 feet thereof, all as conveyed to Pinellas County for
public road by Quit Claim Deed recorded in Q.R. Book 857, Page W, of the Public Records of
Pinellas County, Florida.
That I am duly authorized to execute this Release on behalf of Boy Scouts.
STATE OF FLORIDA
COUNTY OF PINELLAS
Name/Title '
For: Boy Scouts of America
West Central Florida Council
i hereby certify that the foregoing Instrument was acknowledged before me this _Lt day of
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#o me, or who produced as identification, and who did
take an oath.
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My commission expires: ICi ?-010
Item # 22
' l City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Meeting Date: I 1/ 18/2008
Approve agreement with Matrix C G, Inc d/b/a Matrix Consulting Group, Ltd in the amount of $107,000 to perform efficiency
review of Clearwater Police Department, in accordance with Code Section 2.564(d), other governmental bid (City of St. Petersburg
RFP 6474, Request for Proposal for Consulting Services, Management Evaluation of Police Department issued July 17, 2006) and
authorize the appropriate officials to execute same.
SUMMARY:
Fiscal conditions have led the City of Clearwater to consider efficiency reviews to reexamine spending and operations. The
reviews are intended to help the City of Clearwater determine priority customer service areas and ways to improve efficiency and
reduce costs. In completing an efficiency review, the City of Clearwater has two primary goals: (1) lowering spending and saving
money in the short term, and (2) improving performance and yielding additional savings in the long term.
Purpose and Scope of Police Efficiency Review:
When reviewing the Clearwater Police Department, the key focus shall be to determine and review core services, what functions
need to be performed, are they being performed department-wide or City-wide as efficiently as possible, and then identify budget
limits and performance targets for each core service. This short-term review can clarify greater changes that can be made within
the department or one of its processes to improve efficiency in the long-term. Options include maintaining a program, restructuring
or cutting back a program, outsourcing a program, or eliminating the program altogether. When focusing on ways to improve
departmental efficiency, the key focus should be to first determine the most effective organizational structure to deliver core
services and then secondly, develop effective performance measures.
II. Scope of Work:
A. Evaluate Existing Conditions
1. Identify existing public perception of staffing, response times, community policing, and community responsiveness to
safety/emergency needs.
2. Conduct pertinent interviews/surveys, i.e., City Council, City Manager, Police Department Management, collective
bargaining unit representatives, sergeants/lieutenants, officers, and other city departments.
B. Management/Administration Staffing Levels
1. Review organizational chart and appraise responsibilities assigned to the Chief, Deputy Chiefs, and Captains and the span
of control for each.
2. Evaluate responsibilities, special assignments, and workload of department sworn and non-sworn administrative staff.
3. Assess management's problem identification, long-term planning, and organizational development strategies.
4. Provide observations and recommendations regarding command structure.
5. Review of succession planning to senior management positions.
Cover Memo
6. Evaluate communication and interaction with officers, detectives, union representatives, command, and Ti2ffi # 23
management staff.
C. Officer/Investigation Staffing Levels
1. Review existing facilities/substations including Main and staffing assignments by facility/substation to identify possible
efficiencies, cost reductions, and overall necessity of substations.
2. Evaluate adequacy of current patrol and command deployment proportional to workloads, call frequency, response times by
priority level, types and amount of officer-initiated activity, and percentage of uncommitted time per shift.
3. Assess investigation case policies, tracking system, detective caseload and status by type, levels of case coordination with
patrol and neighboring law enforcement agencies.
D. Operations, Support Services, and Communications Systems: (1) Criminal Investigation Supervision & Units - Violent
Crime, Burglary/Theft, Juvenile, Crime Analyst, Intelligence, Economic Crimes, & Vice/Narcotics; (2) Patrol Supervision &
Units - District I, II, & III, Traffic Enforcement, K-9, Crime Prevention; (3) Support Services Supervision & Units - Records,
Differential Police Response, Computer Operations, General Operations, Property Unit, Planning & Fiscal; (4) Communications
Supervision and Dispatch
1. Appraise adequacy of staffing and workload of each function/unit.
2. Assess technology systems, equipment, and staff use/capability.
3. Evaluate communication and interaction with other shift staff, officers, detectives, and command and management staff.
4. Evaluate current system of records retention and storage and future storage capacity.
5. Identify opportunities and recommendations for internal consolidation of functions and services that can result in
efficiencies.
6. Identify opportunities and recommendations for outsourcing functions and services.
E. Benchmarking Data Analysis
1. Obtain and analyze comparable benchmarking data (i.e., sworn staff per 1,000, response times, clearance rate, arrests per
1,000) for like-sized police departments and communities.
Type:
Operating Expenditure
Current Year Budget?: No
Budget Adjustment Comments:
Budget Adjustment: Yes
A first quarter budget amendment will allocate $107,000 of General Fund unappropriated retained earnings to the Non-Departmental
program to provide funding for this contract.
Current Year Cost:
Not to Exceed:
For Fiscal Year:
Appropriation Code
Amount Appropriation Comment
Cover Memo
0-010-07000-530300-519- 107,000
000-0000 Item # 23
Review 1) Financial Services 2) Office of Management and Budget 3) Legal 4) Clerk 5) Assistant City Manager 6) Clerk 7) City
Approval: Manager 8) Clerk
107,000 Annual Operating Cost: 107,000
107,000 Total Cost: 107,000
2009 to 2009
Attachment number 1
Page 1 of 42
Proposal to Conduct a Police Department
Efficiency Review
CITY OF CLEARWATER, FLORIDA
Item # 23
Attachment number 1
Page 2 of 42
- +j
Item # 23
Attachment number 1
Page 3 of 42
TABLE OF CONTENTS
Proposal Section Page
LETTER OF TRANSMITTAL
1. THE FIRM AND PROJECT TEAM 1
2. REFERENCES
1
5
1
3. PROJECT WORK PLAN AND SCHEDULE 7
4. PROPOSED COST
3
6
Item # 23
Attachment number 1
Page 4 of 42
ML
November 3, 2008
Mr. Robin Gomez
City Auditor and Hispanic-Latino Liaison
City of Clearwater
Municipal Services Building - 3rd Floor?
100 South Myrtle Ave., Room 34511
Clearwater, FL 33756
Dear Mr. Gomez:
The Matrix Consulting Group is pleased to present this revised proposal to
Conduct a Police Department Efficiency Review for the City of Clearwater. Our
proposal is based on our review of the project scope of work, our discussion about this
project, our research regarding the Department as well as our experience analyzing
these issues in hundreds of law enforcement agencies in Florida, the southeast and
elsewhere.
While our firm was created in 2002, our senior staff have extensive experience
as law enforcement analysts and professionals having worked together as one project
team for up to 25 years. The members of our proposed team have worked with
hundreds of clients in their professional consulting careers with a primary emphasis on
providing staffing, organization and management for law enforcement agencies. The
following paragraphs summarize our experience:
• Our project team is comprised of senior analysts and police managers, including-
I would lead the team. I have over 27 years' experience as a police
consultant and lead our firm and its law enforcement practice. I have
extensive previous experience working with law enforcement agencies in
Florida, recently with St. Petersburg, Jacksonville and Orange County.
- All other staff on our team have between 5 and 35 or more years of public
safety analytical and operational experience:
•• Travis Miller, a Senior Vice President with the firm with 13 years of
experience and a leader of our public safety practice.
•• Greg Mathews, a Senior Manager, began his law enforcement
career as a reserve officer with Pasadena (CA) and became an
internal auditor with the City of Los Angeles.
1M ¦ PdbAkL CA 1111=1111 ¦ 011011611111111111MIlff. Am
Item # 23
Attachment number 1
Page 5 of 42
•• Mark Carpenter, a Senior Manager with the firm who began his
career as a crime analyst with the Fort Worth (TX) P.D. He was a
lead analyst in our recent study for St. Petersburg.
•• Joseph Bravo, a Senior Manager, who leads our systems solutions
practice including our assessment of patrol staffing needs, beat
design and scheduling. He was a key analyst on our recent study
for St. Petersburg.
•• Steve Wolfberg, a Manager with the firm and former public safety
director for Martin County. He heads our Florida practice.
• Our proposed project team has conducted law enforcement studies of more than
250 police departments and sheriff's offices throughout the country, including the
following diverse list of previous studies (Florida agencies are bolded).
Agencies with
Over 500 staff Agencies with
200 - 500 staff Agencies with
Fewer than 200 staff
Alachua County (FL) Albany (NY) Alexandria (LA)
Anaheim (CA) Anoka County (MN) Beverly (MA)
Anchorage (AK) Beverly Hills (CA) Brattleboro (VT)
Arlington (TX) Charleston County (SC) Citrus Heights (CA)
Augusta (GA) Chatham County (GA) Des Peres (MO)
Chatham County (GA) Chula Vista (CA)
Escondido (CA) Galt (CA)
Gilroy (CA)
Durham (NC) Florence County (SC) Grand Prairie (TX)
El Paso (TX) Gainesville (FL) Grants Pass (OR)
Fulton County (GA) Grand Prairie (TX) Jupiter (FL)
Jacksonville (FL) Huntington Beach (CA) Lancaster (CA)
Las Vegas Metro (NV) Irvine (CA) Leesburg (VA)
Los Angeles County (CA) LA Int. Airport (CA) Lynwood (CA)
Milwaukee (WI) North Las Vegas (NV) Milford (MA)
Nashville Metro (TN) Oceanside (CA) Napa (CA)
Omaha (NE) Ontario (CA) North Miami Beach (FL)
Orange County (CA) Pasadena (CA) Palmdale (CA)
Orange County (FL) Reno (NV) Palo Alto (CA)
Pasco County (FL) San Joaquin County (CA) Pittsburg (CA)
Pinellas County (FL) Santa Ana (CA)
Santa Monica (CA) Port Richey (FL)
Southlake (TX)
Salt Lake City (UT) Santa Rosa (CA) Texarkana (TX)
San Bernardino (CA) St. Petersburg (FL) Terrell (TX)
Santa Clara County (CA) Sunnyvale (CA) Venice (FL)
• We are a national firm, headquartered and incorporated in California, with offices
in eight states, including Florida (in Stuart) where we are registered as a foreign
corporation. Currently, we have 17 staff, most are public safety specialists.
In all of our law enforcement studies we utilize a comprehensive and interactive
set of approaches. Collectively, these approaches have led to high rates of
Item # 23
Attachment number 1
Page 6 of 42
implementation and our methodologies are used by our clients for years after the
completion of a study. Our approaches are comprised of the following:
• Extensive employee input throughout this project. We would interview over
100 of the staff of the Clearwater Police Department individually as part of this
study. This input would be augmented by an anonymous employee survey.
• Detailed analysis based on intensive data collection. We are a `fact based'
firm which prides itself on detailed analysis of the subtle characteristics of
workloads and service levels.
• Evaluation of services in the context of law enforcement `best practices'.
We have been a leader in the development and use of best practices analysis
based on our 25+ years of experience working with over 250 police agencies.
• An interactive study process. Our experience has been that change is better
recognized and implemented through an interactive study process in which each
step has a review point for quality control and directional purposes.
We appreciate this opportunity to provide this proposal to the City. If we can
answer any questions or need to provide additional information, please do not hesitate
to contact me.
Matrix Consulting Group
Richard Brady
President
Item # 23
Attachment number 1
Page 7 of 42
CITY OF CLEARWATER, FLORIDA
Proposal to Conduct a Police Department Efficiency Review
1. THE FIRM AND PROJECT TEAM
In this section of the proposal is provided an introduction to the Matrix Consulting
Group, a summary of the firm and the project team we would assign to this project.
1. INTRODUCTION TO THE MATRIX CONSULTING GROUP
The Matrix Consulting Group is a management consulting firm dedicated to
providing assistance to local and state governments. Key elements of our approach to
providing consulting services to local governments in general, and to law enforcement
agencies in particular, include the following:
• Principals of the firm manage and serve as field analysts on each of our projects.
• Each member of our proposed project team has experience conducting scores of
law enforcement staffing, operations and management reviews. Our team is
composed of management consultants who are full time law enforcement
analysts. Our analysts include:
- Career management consultants who are full time law enforcement
analysts with scores of projects in their experience.
- Select members of our team are prior law enforcement professionals with
direct experience at both the executive and supervisory levels. The
former law enforcement professionals we employ are not just `project
window dressing'. They are all high quality field and project analysts,
effective writers and presenters of our work.
• We maximize field time devoting typically over half our project budgets obtaining
client input through interviews and detailed data collection.
• Our place in the consulting market is providing detailed analysis for our clients.
• We take pride in meeting or exceeding project objectives.
• We have a strong personal commitment and track record in assisting our clients
implement appropriate solutions to staffing and operational issues.
While our analytical capabilities encompass all local government services, our
most significant area is that of public safety. A summary of our company and its law
enforcement analytical practice includes:
• We were formed in 2002 by senior consultants of a large firm who left to be able
to provide a more personalized service than was possible in that corporate
environment. However, our senior consultants have between 10 and 30 years of
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analytical and law enforcement management experience working together as a
team in this and in prior companies.
While the Matrix Consulting Group provides a variety of analytical services to
local government, our most significant area of expertise is public safety - we
have personally served over 250 law enforcement agencies in our careers in
Florida and throughout the United States.
We currently have 17 employees.
Our firm maintains its headquarters in Palo Alto, California. However, we also
have offices in Stuart (FL), Plano, TX (Dallas Metro); Edwardsville, IL (St. Louis
Metro); Andover, MA (Boston Metro); Silver Spring, MD (Washington D.C.
Metro); and Spokane, WA.
The depth of our experience is equaled by our fact based approach to
consulting. This approach is summarized in a later section of the proposal.
2. ORGANIZATION OF THE PROJECT TEAM
The Matrix Consulting Group proposes to utilize a senior project team, including
our President, three other managers / senior managers with direct law enforcement
experience and/or public safety analytical specialization. The senior members of the
team have between 10 - 30 years of professional experience as consultants and/or law
enforcement professionals. The organization chart, which follows, depicts the lines of
authority and responsibility with the project team:
I PROJECT MANAGER
Richard Brady, President
I FIELD SERVICES DIVISION I
Travis Miller. Vice President
I INVESTIGATIONS DIVISION
Greg Mathews, Senior Manager
Joe Bravo
Senior Manager
SUPPORT SERVICES I
Mark Carpenter, Senior Manager
Greg Mathews
Senior Manager
FLEET, EQUIPMENT & TECHNOLOGY
Greg Mathews, Senior Manager
Steve Wolfberg
Manager
Mark Carpenter
Senior Manager
ORGANIZATION AND MANAGEMENT
Richard Brady, President
Travis Miller
Vice President
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3. PROJECT TEAM
Summary descriptions of each team member are provided below. More detailed
resumes for our project team follow at the conclusion of this section of the proposal.
(1) Project Manager
RICHARD BRADY is the President of the Matrix Consulting Group. He is the leader of
our management studies and law enforcement analytical practices. He has been a
consultant to local governments for twenty-seven years. During that period, he has
specialized in the analysis of police services, having conducted over 150 studies of law
enforcement and criminal justice systems. Mr. Brady has managed and/or significantly
participated in every law enforcement study cited as experience in this proposal. Mr.
Brady has conducted policing studies in the following jurisdictions just since 1990:
State Illustrative Law Enforcement Management and Staffing Studies
Alaska Anchorage
Arizona Goodyear, Prescott Valley
California Alameda County, Anaheim, Clearwater, Burbank, Butte County, Citrus
Heights, Contra Costa County, Escondido, Galt, Gilroy, Glendale, Kern
County, Los Angeles, Los Angeles County, Los Gatos, Lynwood,
Monrovia, Napa, National City, Ontario, Orange, Orange County,
Palmdale, Palo Alto, Pasadena, Pittsburg, Poway, Rialto, San Jose,
San Bernardino, San Bernardino County, San Mateo County, San
Rafael, Santa Ana, Santa Barbara County, Santa Monica, Santa Clara
County, Sonoma County, Sunnyvale
Colorado Aurora
Florida Alachua County, Jacksonville, Jupiter, North Miami Beach, Orange
County, Pasco County, Pinellas County, Port Richey, St. Petersburg
and Venice
Georgia Americus, Augusta-Richmond County, Fulton County, Hall County,
Chatham County, Americus and Gainesville
Louisiana Alexandria
Massachusetts Beverly, Boston, Lawrence, Milford, Mansfield, Burlington, Pelham,
Wayland, Westwood, Whitman
Minnesota Anoka County
Missouri Des Peres and Raymore
Nebraska Omaha
Nevada Las Vegas Metropolitan Police Department and Reno
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State Illustrative Law Enforcement Management and Staffing Studies
New Hampshire Portsmouth
New York Albany, Carthage, Endicott, Vestal and Briarcliff Manor
North Carolina Burke County and Durham
Michigan Alpena and Detroit
Ohio Fairborn
Oregon Clackamas County and Grants Pass
Pennsylvania York
South Carolina Beaufort County, Charleston County, Hilton Head Island, Spartanburg
County
Tennessee Nashville-Davidson County and Knox County
Texas Arlington, Terrell, El Paso, Grand Prairie and Southlake
Utah Salt Lake City
Vermont Brattleboro
Virginia Danville, Leesburg and Loudoun County
Washington Spokane, Kirkland and Snohomish County
Wisconsin Sun Prairie, Milwaukee
Mr. Brady has a BA from California State University, Hayward; and a doctorate from
Oxford University, U.K.
(2) Project Team Members
TRAVIS MILLER is a Vice President with the firm with over twelve years of
management consulting and public sector analytical experience. Recently, his
law enforcement experience has included law enforcement management audits
in Florida for Alachua County, Jacksonville, Orange County, Pasco County
Pinellas County, Venice and Jupiter; in California for the City of Los Angeles,
Monrovia, Ontario, Santa Clara County and Lynwood; in Massachusetts for
Milford, Mansfield, Wayland, Whitman, Burlington, Lawrence and West Boylston;
Nashville-Davidson (TN); Fulton County (GA), Augusta-Richmond County (GA),
Chatham County (GA), Hall County (GA), Gainesville (GA); Alexandria (LA);
Leesburg (VA); Fairborn (OH); Clackamas County (OR); Anoka County (MN);
Bayonne and Ridgewood (NJ); and Alpena (MI); in Texas for Arlington, El Paso,
Terrell, Texarkana, Southlake and Grand Prairie; and the Las Vegas
Metropolitan Police Department (NV). Mr. Miller was a project analyst on our
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study for the Regionalization Commission examining cooperative relationships in
the Boston Metropolitan area. He has BA and MPA from the University of
Rochester.
• J. MARK CARPENTER is a Senior Manager with the Matrix Consulting Group
and is based in our Irving, Texas office. Mr. Carpenter has been a financial and
management consultant to local government for more than seventeen years.
Prior to joining the Matrix Consulting Group, he was the MAXIMUS State
Manager for Texas. Prior to that, he managed the Mid-Atlantic regional Human
Resources consulting practice for MAXIMUS in Raleigh, NC. Prior to working as
a consultant, Mr. Carpenter worked for the City of Fort Worth, Texas as a
management analyst in the Management Services Department and as the Fiscal
Administrator for the Police Department. Mr. Carpenter has conducted numerous
financial, human resources, and management audit studies of every local
government function. His prior law enforcement analytical experience includes
studies for Jacksonville (FL), Orange County (FL), Raymore (MO), Bayonne
(NJ), St. Petersburg (FL), Grand Prairie (TX), El Paso (TX) and Terrell (TX).
• GREG MATHEWS is a Senior Manager with the Matrix Consulting Group. He
has over twenty years of public sector experience, performing as both a senior
management consultant and executive manager. As Deputy Director of Auditing
for the Los Angeles City Controller's Office, Mr. Mathews managed the day-to-
day functions of the Performance Auditing, Follow-up and Management
Assessment sections. For over six years Mr. Mathews has provided public
sector consulting services to cities, counties and special districts throughout the
U.S., and has completed comprehensive management studies encompassing
over 120 operating Departments. He has analyzed Department operations and
recommended enhancements related to performance management, personnel
productivity, process improvement, best management practices and strategic
planning. Mr. Mathews has participated as project manager or lead consultant in
over fifty consulting engagements, with emphasis in the public safety field. He
recently took part in our management studies for Aurora (CO), Orange County
Sheriff's Office (FL); Omaha (NE); Burbank (CA); Milwaukee (WI); and Glendale
(CA) Police Departments. Most recently he completed a strategic planning study
for the three Public Safety Answering Points in Washoe County, Nevada. Mr.
Mathews began his career with the Pasadena Police Department as the Crime
Analysis Manager and became a Level I Police Reserve during his tenure. He
has an MPA from the University of Southern California.
• JOSEPH BRAVO is a Senior Manager with the Matrix Consulting Group, having
five years of experience working with the public sector. He is our GIS analyst for
public safety studies projects and serves this area from our office in Texas.
Since joining our firm, he has specialized in the analysis of law enforcement,
corrections, fire and EMS functions with a focus on GIS solutions. He has
experience working with law enforcement agencies as a member of the project
teams for our assignment in agencies as Jacksonville (FL), Orange County (FL),
Milwaukee (WI), Bayonne (NJ), Venice (FL), Jupiter (FL), St. Petersburg (FL),
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Texarkana (TX), Southlake (TX), York (PA), Napa (CA), Sunnyvale (CA) and Las
Vegas Metro (NV). He is currently assisting with the update of the Arlington
Police Department (TX). His professional consulting experience includes
business process improvement, management, organizational, and operational
assessments, facilitation and strategic planning for government agencies. Mr.
Bravo holds BS and MA degrees from the University of California Los Angeles.
STEVE WOLFBERG, a Manager, was most recently the Director of Emergency
Services in Martin County, Florida and has over 30 years of experience in
County Government. Mr. Wolfberg also has experience as a public safety
professional and consultant, is a graduate of the National Fire Academy, and is a
certified firefighter and paramedic. He has extensive experience in government
financial analysis, implementation of public safety re-organizations, including law
enforcement and communications / E-911, as well as public administration.
More extensive resumes for our project team members are provided in the
following pages.
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RICHARD P. BRADY
President, Matrix Consulting Group
Project Manager
BACKGROUND
Richard Brady is the Matrix Consulting Group's President. Mr. Brady has been a
management consultant to local government for more than twenty-five years. Prior to
joining the Matrix Consulting Group, he was the MAXIMUS national Vice President in
charge of its local government consulting practice, and before that the managing
partner of the California-based management consulting firm of Hughes, Heiss &
Associates. Mr. Brady has conducted numerous studies of every local government
function. However, the vast majority of his work is in the law enforcement and criminal
justice areas.
PROJECT EXPERIENCE
The following points summarize Mr. Brady's project experience.
Law enforcement management and operations studies covering workload,
staffing, service levels, and internal procedures and policies. Recent clients
served include:
Albany (NY) PD Monrovia (CA) PD
Alameda County (CA) Napa (CA) PD
Alpena (MI) PSD North Miami Beach (FL) PD
Anaheim (CA) PD Nashville-Davidson County (TN) PD
Anchorage (AK) PD National City (CA) PD
Anoka County (MN) SO. Oceanside (CA) PD
Arlington (TX) PD Omaha (NE) PD
Beverly (MA) PD Orange County (FL) SO
Brattleboro (VT) PD Pasco County (FL) SO
Butte County (CA) SO Pinellas County (FL) SO
Burlington (MA) PD Raymore (MO) PD
Charleston County (SC) Reno (NV) PD
Durham (NC) PD San Bernardino (CA) SO
El Paso (TX) PD San Bernardino (CA) PD
Escondido (CA) PD San Clemente (CA) PD
Florence County (SC) SO San Mateo (CA) SO
Glendale (CA) PD San Joaquin (CA) SO
Goodyear (AZ) PD San Rafael (CA) PD
Grand Prairie (TX) PD Shasta (CA) SO
Hercules (CA) PD Snohomish (WA) SO
Jacksonville (FL) SO Sparks (NV) PD
Kirkland (WA) PD Spokane (WA) PD
Las Vegas Metro (NV) PD Sumter County (SC) SO
Leesburg (VA) PD Sunnyvale (CA) PSD
Los Angeles (CA) PD Sparks (NV) PD
Newark (CA) PD Thurston (WA) SO
Milford (MA) PD Venice (FL) PD
Mansfield (MA) PD Whitman (MA) PD
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Milwaukee (WI) PD West Sacramento (CA) PD
• Law Enforcement Program Studies: Mr. Brady has performed a wide variety
of studies of law enforcement programs and services. Selected studies have
included the following:
- Communications studies for Needham (MA), San Mateo County (CA),
San Bernardino County (CA), and Coral Springs (FL).
- Personnel policies and procedures studies for Escondido (CA), Danville
(VA) and Fluvanna County (VA).
- Support staffing needs for Clearwater and Santa Ana (CA).
• Regional Law Enforcement Feasibility Studies: Mr. Brady has been involved
or managed several law enforcement regionalization studies. These have
included the following:
- Regionalization Opportunities in Training and Communications for
the Boston Metropolitan Area. The Regionalization Commission chose
members of this project team to work with over 110 agencies on public
safety regional issues.
- Regional Communications Feasibility for Police, Fire and EMS
agencies in Central Maine. This study for 80 agencies in Kennebec and
Somerset Counties has led to the development of a regional center
operated by the Maine State Police.
- Law Enforcement Consolidation Feasibility Study for Endicott and
Vestal, New York: these two police departments have begun to
consolidate all support functions (communications, records, information
systems, training) as well as shift supervision as a first step to
consolidation.
- Regional Law Enforcement Feasibility Study for San Bernardino
County, California Contract Cities: Nine cities receive contracted law
enforcement services from the San Bernardino County Sheriff's Office.
Because the County changed its philosophy of contracting, costs
increased dramatically.
EDUCATION
BA, California State University, Hayward
Ph.D., Oxford University, United Kingdom
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TRAVIS MILLER
Vice President, Matrix Consulting Group
BACKGROUND
Has 12 years' consulting experience. Vice President with the Matrix Consulting Group,
specializing in public safety issues. Previously, was a financial analyst with the
investment banking firm of Goldman, Sachs.
PROJECT EXPERIENCE
Since joining the Matrix Consulting Group, has specialized in analysis of public safety
issues and operations.
• Law enforcement management and operations studies covering workload,
staffing, service levels, and internal procedures and policies. Recent clients
served include:
Alachua County (FL) SO Jupiter (FL) PD
Albany (NY) PD Las Vegas (NV) Metro PD
Alexandria (LA) PD Leesburg (VA) PD
Alpena (MI) PD Los Angeles (CA) PD
Anoka (MN) SO Mansfield (MA)
Arlington (TX) PD Milford (MA) PD
Augusta - Richmond (GA) SO Monrovia (CA) PD
Bayonne (NJ) PD Nashville - Davidson (TN) PD
Briarcliff Manor (NY) PD Orange County (FL) SO
Burlington (MA) PD Pasco County (FL) SO
Chatham County (GA) PD Port Richey (FL) PD
Danville (VA) PD Prescott Valley (AZ) PD
El Paso (TX) PD Ridgewood (NJ) PD
Endicott (NY) PD Southlake (TX) DPS
Fairborn (OH) PD Sunnyvale (CA) DPS
Farmington Hills (MI) PD Terrell (TX) PD
Florence County (SC) SO Texarkana (TX) PD
Fulton County (GA) PD Venice (FL) PD
Gainesville (GA) PD Vestal (NY) PD
Grand Prairie (TX) PD Wayland (MA) PD
Hall County (GA) SO West Boylston (MA) PD
Indian Creek Village (FL) PD Whitman (MA) PD
Jacksonville (FL) York (PA)
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• Regional Law Enforcement Feasibility Studies: Mr. Miller has been involved
or managed several law enforcement regionalization studies, including:
Regionalization Opportunities in Training and Communications for the
Boston Metropolitan Area (over 110 agencies).
Law Enforcement Consolidation Feasibility Study for Endicott and Vestal,
New York: these two police departments consolidated support functions
as a first step to organizational consolidation.
EDUCATION
BA and MS in Public Policy Analysis from the University of Rochester.
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J. MARK CARPENTER
Senior Manager, Matrix Consulting Group
BACKGROUND
Mark Carpenter is a Senior Manager with the Matrix Consulting Group and is based in
our Irving, Texas office. Mr. Carpenter has been a financial and management
consultant to local government for more than seventeen years. Prior to joining the
Matrix Consulting Group, he was the MAXIMUS State Manager for Texas in charge of
its local government cost analysis practice. Prior to that, he managed the Mid-Atlantic
regional Human Resources consulting practice for MAXIMUS in Raleigh, NC. Prior to
working as a consultant, Mr. Carpenter worked for the City of Fort Worth, Texas as a
management analyst in the Management Services Department and as the Fiscal
Administrator for the Police Department. Mr. Carpenter has conducted numerous
financial, human resources, and management audit studies.
PROJECT EXPERIENCE
The following points summarize Mr. Carpenter's project experience. These studies
concentrated in several areas:
Operational/Management Audits Mr. Carpenter has managed and participated
in a number of operational audit engagements that focused on reviewing existing
operational and organizational structures and recommending restructuring,
reorganization, and/or revised administrative procedures to enhance government
services. Law enforcement clients include:
- Buncombe County, NC
- Chesterfield County, VA
- El Paso, TX
- Fauquier County, VA
- Grand Prairie, TX
- Jacksonville, FL
- Loudoun County, VA
- Orange County, FL
- Portsmouth, VA
- Raymore, MO
- San Antonio, TX
- St. Petersburg, FL
- Terrell, TX
- Warrenton, VA
User Fee Studies. Mr. Carpenter has managed/participated numerous
comprehensive user fee studies in California, Texas, Virginia, Maryland and
Florida. These studies determined the costs of providing local government
services utilizing activity based costing principles. These studies led to
recommendations that generated significant amounts of additional revenues for
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local government clients.
• Activity Based Cost Allocation Plans Mr. Carpenter managed and conducted
activity based cost allocation plan projects in Texas, Virginia and North Carolina
cities, towns and counties to identify indirect and administrative costs attributable
to service departments and agencies, including social services and street
maintenance.
• Special Assessments Mr. Carpenter managed MAXIMUS' special assessment
practice in Florida, which assisted counties in developing special assessment or
tax districts to fund road maintenance and construction, fire and rescue, and law
enforcement services. Project deliverables included recommendations on
appropriate assessment levels as well as implementation strategies and
assistance. These studies were conducted in Charlotte County, Osceola
County, and Nassau County.
EDUCATION
B.A., Davidson College (NC)
MPA, University of North Carolina at Chapel Hill
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GREG MATHEWS
Senior Manager, Matrix Consulting Group
BACKGROUND
Mr. Greg Mathews has over twenty years of public sector experience, performing as
both a senior management consultant and executive manager. As Deputy Director of
Auditing for the Los Angeles City Controller's Office, he managed the day-to-day
functions of the Performance Auditing, Follow-up and Management Assessment
sections. He supervised ten professional auditing staff and was responsible for the
project management of numerous performance audits. For over six years Mr. Mathews
has provided public sector consulting services to cities, counties and special districts
throughout the Western and Mid-Western United States. He has analyzed department
operations and recommended enhancements related to organizational performance,
personnel productivity, process improvement and strategic planning with particular
emphasis in the pubic safety field. Mr. Mathews began his career with the Pasadena
Police Department, managing the Crime Analysis Unit and becoming a Level 1 Reserve
Police Officer.
PROJECT EXPERIENCE
Mr. Mathews has demonstrated expertise in public safety management and
organizational analysis and best management practices with public safety experience at
the following agencies:
Alameda County (CA) Orange County (CA)
Aurora (CO) Orange County (FL)
Burbank (CA) Orange County (FL)
Glendale (CA) Pasadena (CA)
Laguna Beach (CA) Reno, Sparks and Washoe County (NV)
Laguna Nigel (CA) San Clemente (CA)
Lake Forest (CA) San Juan Capistrano (CA)
Long Beach (CA) San Rafael (CA)
Los Angeles (CA) Santa Monica (CA)
Milwaukee (WI) Simi Valley (CA)
Mission Viejo (CA) South Pasadena (CA)
Omaha (NE) University of Missouri, Kansas City
EDUCATION
BA, University of California, Davis
M. P.A., University of Southern California
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JOSEPH J. BRAVO
Senior Manager, Matrix Consulting Group
BACKGROUND
Joe Bravo is a Senior Manager with the Matrix Consulting Group. He is our GIS analyst
for public safety studies projects and serves this area from our office in Texas. Since
joining our firm, he has specialized in the analysis of law enforcement, corrections, fire
and EMS functions with a focus on GIS solutions.
PROJECT EXPERIENCE
Completed numerous management, operational and staffing studies of police and
Sheriff's Offices for the agencies listed below. In each case, Mr. Bravo completed
operational profiles, developed and analyzed workloads, and evaluated performance of
organizations based on industry benchmarks. Clients served include:
• Bayonne, NJ
• Indio, CA
• Middletown, OH
• Orange County, FL
• Napa, CA
• North Kingstown, RI
• Pinellas County, FL
• Portland, OR
• Seminole, FL
• Sunnyvale, CA
• Venice, FL
• York, PA
EDUCATION
• Des Peres, MO
• Jacksonville, FL
• Las Vegas Metro, NV
• Milwaukee, WI
• Norwalk, CT
• Peoria, IL
• Plymouth, MA
• Ridgewood, NJ
• Southlake, TX
• Texarkana, TX
• Wilton, CA
University of California, Los Angeles (UCLA): BA / Political Science; MS / Public Policy
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2. REFERENCES
In this section of the proposal the project team is providing examples of recent
and relevant experience in the analysis of law enforcement agencies in Florida as well
as elsewhere in the country. This includes references whom we encourage you to
contact regarding the quality and timeliness of our work.
Project Description Contact Information
St. Petersburg (FL) - Organizational Study of the Police Department Brad Scott
(2007) Internal Auditor
(727) 893-7721
In this study the project team focused on the following major areas -
organizational structure, staffing projections for the entire Department, as
assessment of their community policing program, issues related to employee
recruitment and retention, and internal investigations. Principal
recommendations included making community policing officers more
accountable, spreading community policing responsibilities throughout the
Department, seeking community assistance to community policing goals; new
strategies for retaining staff (e.g., mentoring program), and a reorganization of
command staff.
Jacksonville (FL) - Sheriff's Office Operations Audit (2007) Frank Mackesy
Undersheriff
In this just completed project, the Matrix Consulting Group analyzed the (904) 591-6745
operations and staffing of this large consolidated city and county law
enforcement organization. Principle recommendations have included
significant changes to call diversion approaches in patrol to include expansion
and use of civilians in the field; a significant increase in the number of
investigators; converting sworn positions in support functions to civilians;
significant changes in the use of overtime to meet minimum staffing in
communications as well as in the detention system. Because of the State's
imminent revenue generation constitutional changes we provided council on
targeted budget cuts, if necessary.
Orange County (FL) - Management and Staffing Study of the Sheriff's Eric Gassman
Office (2007) Asst. County
Executive Officer
In this study the project team has developed a plan which the Sheriff's Office (407) 836-7383
and County Administration can use to determine resource needs now and in
the future as conditions change. In Florida, constitutional officers such as
Sheriff's can challenge budgetary allocations from County governing bodies.
While an important check and balance, its use can spoil relations between
elected and appointed officials. This study was conducted as a `last step'
before the Sheriff appealed to Tallahassee. The draft report, which was just
been presented to the Sheriff and the County, the project team has
recommended additional filed personnel, including the creation of a field civilian
complement, selected unit changes up and down in staffing, and numerous
management changes to obtain the most efficient results from staff and
equipment resources.
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Project Description Contact Information
Jupiter (FL) Police Department Management Audit (2006) Andy Lukasik
Town Manager
The project was conducted following several major challenges for the Town (561) 746-5134
including rapid growth, high demands for service, budgetary challenges and
investigations. This project focused on a wide range of issues including
policies, internal affairs approaches, staffing and management oversight. The
study also resulted in recommendations for changed in management staffing
and organization. The project team also examined opportunities to alter shift
scheduling in dispatch and the feasibility of consolidating dispatch under Palm
Beach County 9-1-1.
Omaha (NE) - Management and Staffing Study of the Police Department Warren Weaver
(2007) Chief of Staff
City Council
In this study the project team conducted a comprehensive assessment of (402) 444-5518
opportunities to better match staffing requirements with workloads and the
City's financial resources. In patrol, the project team recommended a modest
program of field civilianization (two for each of four precincts on two shifts
each) which would also result in minor reductions in police officer staffing
needs; the project team also recommended the a vehicle replacement fund be
developed to retire many very old cars in the fleet; in investigations. The
project team recommended significant improvements in case management
approaches as well as a redeployment of staff among units to better utilize
workloads. In support functions, the project team recommended that several
sworn managers be replaced by more technically trained civilians (human
resources and information technology). This study also reviewed the labor
contracts and made suggestions to help the City negotiate a `mid level'
approach to total compensation.
Milwaukee (WI) - Patrol Staffing Study (2008) David Heard
Exec. Director
In this project, the Matrix Consulting Group was retained to analyze current Fire and Police
staffing levels within the Milwaukee Police Department Patrol Bureau. This was CommissionL
a two-phased project which focused on two questions: 1) What is the best use (414) 286-5072
of existing resources within the Patrol Bureau and 2) What is the optimal level
of patrol staffing. The project team developed a patrol staffing model which
incorporated several service levels targets including: reactive workloads,
administrative time, proactive time, response time targets, and other variables.
Overall, the project team found that the MPD could reach optimal staffing
levels if MPD Patrol Bureau resources were deployed more effectively and
current operational approaches were changed. The project team also provided
the City and the Department with a patrol staffing model to project future
staffing needs.
Aurora (CO) - Management and Staffing Study of the Police Department William Curtis
Business Services
In this study the project team has provided the City with a thorough Manager
assessment of the `best use' of law enforcement personnel in a City which (303) 739-6507
specifies in its comprehensive plan the funding of 2.2 officers per 1,000
population. The results of this study have included redeployment of field
personnel to better match workloads and proactive targets, changes to
investigative unit assignments and a wide variety of operational management
changes. The study also developed a staffing plan for the Detention Center.
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CITY OF CLEARWATER, FLORIDA
Proposal to Conduct a Police Department Efficiency Review
3. PROJECT WORK PLAN AND SCHEDULE
This section of our proposal provides a summary of our understanding of the
background to this project, a summary of our understanding of the Clearwater Police
Department, our proposed work plan, and a proposed timeline for completing this
project.
1. BACKGROUND TO THE PROJECT
The City of Clearwater is seeking a proposal to conduct an efficiency review of
its Police Department. The review will identify core service areas and determine
whether these services are being performed throughout the department and city in an
efficient and cost effective manner. Based on the outcome of this initial review, the
Matrix Consulting Group will identify budget limits, develop performance targets for the
core service areas and clarify short-term departmental or operational changes to
improve efficiency in the long term. In addition to providing guidance for operational
improvements, the Matrix Consulting Group will also provide options for either
preserving, restructuring, scaling back, outsourcing or elimination of a program.
The City of Clearwater is home to approximately 110,000 residents and host
around 1.2 million visitors per year. The City's FY2008-09 General Fund Budget is
approximately $123 million and directly supports 1204.2 full-time equivalent jobs. These
jobs provide a spectrum of public services, including law enforcement. The Police
Department's share of the fiscal pie is approximately $37 million, which is equivalent to
approximately 30% of all general fund appropriations.
The General Fund budget has experienced a three-year total net reduction of
0.14%. Between fiscal years 2008-09 and 2007-08 alone, the General Fund
appropriation decreased by 2%. This trend is attributable to voter approved changes to
the state law affecting the property tax homestead exemption and the overall
deteriorating economic conditions. Both have caused a reduction in property tax
revenues and the economy alone is affecting a decrease in other tax revenue sources.
The Police Department is affected by these forces and has seen a nominal budget
increase in the most recent three fiscal years of 2.9% for the period or an average of
0.92% per year. Likewise, its personnel count has decreased by 3.68% for the same
period or an average of -1.23% per year. In FY2007, the Department had 407.9 FTEs
whereas the FY2009 appropriation supports 392.2 FTEs.
2. OVERVIEW OF OUR APPROACH TO LAW ENFORCEMENT CONSULTING
The following subsections provide an overview of our to analyzing police
departments in general and the Clearwater Police Department specifically. The
description of each of these basic analytical elements is expanded on in the task plan
provided later in the proposal.
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(1) "Fact Based" Approach to Data Collect and Analysis
A central tenet of our approach to conducting studies is that there must be a
strong analytical basis for evaluating operations and making recommendations. This
methodology should be flexible enough to accommodate the unique elements of each
client's own scope of work and service levels requirements.
• Documenting, in detail, current demand for law enforcement services including
calls for service, investigative caseload, records workload, and the like.
• Concurrently, document how staff resources are deployed and utilized in all
areas of the Police Department.
• Document management systems and approaches to managing operations.
• Evaluate and define specific staffing requirements in each function required to
achieve defined or alternative service level objectives.
Through these approaches the project team would develop an understanding of
Clearwater's unique service environment and approaches to providing and managing
these services.
(2) Interactive Study Process
In our extensive work with law enforcement agencies, we have found that a
successful project requires staff involvement which builds "ownership" in project results.
To achieve this objective, we propose a multi-faceted approach consisting of:
• We would kick-off the project with departmental briefing sessions designed to
allay concerns about the study and answer employee questions.
• We would conduct a large number of one-on-one interviews, focusing on job
content as well as issue identification, over 100 staff would be interviewed.
• We would provide all employees with the opportunity for input on organizational
and operational issues through the use of an anonymous survey.
• Other `stakeholders' and departments which interact with the Police Department
would be contacted and interviewed. These external `stakeholder' contacts
would include resident and business associations. The internal municipal
contacts would include the Human Resources, Finance and Fire Departments.
• We also propose a study review process through the use of the City's Project
Team as well as an internal Police Department committee. We would plan to
meet with these committees at the completion of each project task.
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CITY OF CLEARWATER, FLORIDA
Proposal to Conduct a Police Department Efficiency Review
These approaches have resulted in high rates of implementation because staff
better understand the need for change and their roles in achieving it.
(3) Comparative Analysis
The Matrix Consulting Group has been a leader in the use of `best practices' and
`benchmarking' analysis in law enforcement analysis since the 1980's. Through the
experience we have gained working with over 250 law enforcement agencies.
The project team would develop a detailed list of "best practices" for use in a
diagnostic appraisal of each function in the Clearwater Police Department. This
diagnostic appraisal would be utilized to identify those areas in which the organization
was meeting targeted service delivery objectives.
The project team would also conduct a comparative survey of other police
departments in Florida to understand whether `best practice' operational and
management targets have been implemented in these peer agencies.
These approaches would lead to the identification and prioritization of issues for
resolution in subsequent tasks in the study.
(4) Project Management
We believe very strongly in the science of our craft. As a result, we utilize formal
project management techniques in our studies. These techniques include:
• All project work activities are defined in advance and tied to each project team
member, deliverables, the schedule and the budget.
• The project manager briefs each project team member of their roles and
expectations. This is accomplished in writing and in person.
• Internal (project team) and external (client) expectations and results are
managed on a weekly basis. Formal project schedules and accountability
reporting mechanisms are used to report this.
• The project manager designs and personally reviews all interim and final
products before they are delivered to the client.
• We have frequent client review meetings to discuss the quality and direction of
the project through interim deliverables.
These project management approaches have resulted in all of our projects being
delivered at a high level of quality, on time and on budget.
3. PROPOSED WORK APPROACH
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CITY OF CLEARWATER, FLORIDA
Proposal to Conduct a Police Department Efficiency Review
This section describes the Matrix Consulting Group's detailed work approach for
conducting this assignment, including deliverables for each task. At the conclusion of
this section we also provide a schedule for conducting the work.
Task 1 Identify Attitudes Toward Existing Law Enforcement Programs,
Service Levels, and Major Protection Needs.
To fully evaluate staffing and resource needs related to the delivery of law
enforcement services in Clearwater, the project team will need to develop an in-depth
understanding of attitudes towards existing service levels and the unique characteristics
of policing programs and community protection needs. To provide this level of
understanding, the project team will accomplish the following:
• Interview City Commission members to understand key issues from their
perspectives which led to the conduct of this study.
• Interview the City Manager and other top management staff in the City (e.g.,
Human Resources, Finance), as appropriate, to obtain views on key law
enforcement and support service issues and improvement opportunities.
• Interview the Chief and other top management in the CPD to obtain an initial
understanding of the organization, major goals and recent trends.
• In these initial interviews we will identify appropriate external `stakeholders' to
meet with to discuss potential law enforcement issues. Stakeholders would
include representatives from business and resident associations.
• Conduct a kick-off meeting with the City's Project Team and the staff committee.
• We would hold departmental briefing sessions to introduce the study, the project
team and employee opportunities for participation in the process. We would also
answer employee questions about the study.
These initial interviews would focus on determining individual attitudes toward
current law enforcement staffing, service levels, programs, and needs, including the
following:
• Adequacy of existing service levels.
• Responsiveness to basic community public protection needs.
• Perceived gaps in existing service levels.
• Attitudes toward enforcement philosophies.
• Issues which may be impacting or be impacted by current staffing levels.
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CITY OF CLEARWATER, FLORIDA
Proposal to Conduct a Police Department Efficiency Review
The project team would also conduct the following activities in kicking-off the
project:
• We would also collect basic documents which "define" the CPD internally and
externally (e.g., goals and objectives, mission statements, etc.).
• Finally, we would also document key population, demographic and economic
characteristics and trends.
Task Result: Based on the results of these interviews and initial data collection,
the project team would prepare an issue list which would provide the basis for
subsequent analytical steps. The project team would also finalize the project
work plan.
Task 2 Document Employee Attitudes Toward Strengths and Improvement
Opportunities
To fully evaluate an organization, it is important that the project team understand
the range of employee perceptions and roles and responsibilities in the CPD. To be
credible, this input needs to be accomplished at the outset of the analysis. We have
found in our previous work that interviews and use of a survey instrument is an ideal
way to maximize input and increase the perception of the study as an objective effort.
Documentation and analysis of employee attitudes will consist of the following work
steps:
• Interview with numerous Police Department staff, including the majority of
supervisory and all management personnel. We will interview an appropriate
number of staff to obtain a thorough understanding of each Department
operational unit, though we anticipate that, overall, these interviews will exceed
100. Additionally, we will perform ride-alongs or other similar activities to obtain
feedback from line personnel.
• Preparation of a confidential questionnaire (survey) to be distributed to all sworn
and civilian employees. The project team will structure a questionnaire which
"fits" the unique characteristics of the CPD based on the initial interviews
conducted in Task 1, described above. Employees would mail the
questionnaires directly to our office using pre-paid envelopes.
• The survey would be used to elicit responses to such issues as:
- Service level capabilities.
- Community relations.
Operations management.
Workload and service management.
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Proposal to Conduct a Police Department Efficiency Review
Staffing levels.
Opportunities for improvement in all areas.
• Analysis of questionnaire results, differentiating among responses by employee
type (sworn versus non-sworn); functional unit (e.g., Division); managers and
supervisors versus line employees.
• Preparation of a summary of the results and identifies specific areas which need
more extensive exploration in subsequent study work tasks.
Task Result: The results of the employee survey would be reviewed with the
City's Project Team and the staff committee. Upon completion of the project the
results would be made available to all employees in the CPD.
Task 3 Profile the Organization, Staffing and Operations of the Clearwater
Police Department.
A key to this analysis is the development of a detailed understanding of
workloads and service levels. This understanding needs to be developed in the
following contexts:
• Quantitative indicators of service levels and workload including call for service
demand; response times to calls for service by priority level; level and type of
proactive activity undertaken by both patrol and other units; investigative
workloads; and the like.
• Qualitative or more subjective indicators of existing service approaches
throughout the CPD, and particularly in the administrative and operational
support areas.
To develop this level of understanding, we will document and analyze workload
and service levels as described in the illustrative subsections, which follow (it should be
noted that all CPD functions are not described in these subsections; this is
representative of our approach to major functional areas).
It should also be noted that while it is the project team's responsibility to collect
data, assignment of a project coordinator from within the Department to assist with
identification and coordination of data would be appreciated, especially as that relates
to access to data from the Department's automated systems.
(1) Patrol Programs and Services.
We will profile and analyze patrol services in terms of the following:
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• Employing data extracted from dispatch information and available reports, field
patrol workloads and service levels will be profiled and analyzed in terms of the
following:
Community-generated call for service demand by time of day and day of
week for the last twelve months. This will include:
•• Call frequency.
•• Time required to handle calls for service.
•• Availability of back-up.
•• Time required for back-up.
Response times by priority of call for service handled. This will include:
•• Average response times for all priorities of calls for service.
•• Distribution of response times by priority of calls.
•• Any variations in response time performance by time of day, day of
week, or neighborhood.
Number and type of calls handled by other means including use of non-
sworn personnel, and other forms of differential response.
• Levels of self-initiated activity. Self-initiated activity will be documented and
analyzed in terms of the following:
- Various quantitative indicators of self-initiated activity will be examined.
This includes such activities as:
•• Field stops/field interrogations.
•• Traffic stops.
•• Other self-initiated activity.
•• Activities resulting from directed patrols.
For a sample period, the scope and content of any patrol plans prepared
for field patrol staff will be examined. This will focus on understanding:
•• Time required to execute patrol plans.
•• Performance expectations.
•• Community oriented goals and action plans.
•• Other factors, as appropriate.
• Document actual field patrol deployment practices with existing staffing levels in
field patrol. Through analysis of rosters and other appropriate documents, the
project team will document actual field patrol deployment in terms of:
Scheduled deployment by time of day and day of week.
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CITY OF CLEARWATER, FLORIDA
Proposal to Conduct a Police Department Efficiency Review
Shift relief factors impacting units actually deployed compared to the
number scheduled considering the following:
•• On-shift court appearance requirements.
•• Sick leave, vacation and other time-off requirements.
•• Special assignments.
•• Training.
•• Other factors impacting deployment and availability.
• Then, the project team will evaluate field patrol staff utilization at existing staffing
levels given actual deployment and workload demands. The model employed
includes determination of the time available for preventive patrol and other
proactive activities given actual deployment and call for service demand by time
of day and day of the week.
• Concurrently, the project team will interview staff at all levels in patrol services to
develop a detailed understanding of how the patrol program works from a
number of perspectives including:
Preferred level of uncommitted time necessary to allow field staff to direct
patrol to community needs.
The extent to which patrol deputies are involved in (appropriate) follow-up
investigations.
- As noted earlier, level and content of patrol plans based on review of any
existing plans targeting community-oriented activities.
Problems associated with implementing and maintaining targeted patrol
levels at existing staffing levels and workloads.
• Document the uses, availability and deployment of command and supervisory
personnel by time of day and day of week. Through interviews, develop a
detailed understanding of the mixture of command and supervisory
responsibilities as well as associated issues.
Based on the above, the project team will develop a set of measures to clearly
define existing field patrol service levels.
(2) Traffic Enforcement
Traffic enforcement operations and service levels will be documented in terms of
the following:
• Scheduled and actual deployment of traffic enforcement personnel by time of
day and day of week
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CITY OF CLEARWATER, FLORIDA
Proposal to Conduct a Police Department Efficiency Review
• Current workload including the following:
- Accident investigations.
- Extent to which traffic enforcement personnel are being assigned calls for
service as primary units and/or back-up of other field patrol activities.
• How traffic enforcement and accident investigation workloads are planned,
prioritized and handled.
• Level of patrol officer-initiated activity related to traffic enforcement including
citation production on a per officer basis.
• Service levels, measured by the current Traffic Enforcement Index, would also
be evaluated.
Based on the above, the project team will develop a set of measures to clearly
define existing traffic enforcement service levels.
(3) Investigation Services.
Investigative workloads and service levels will be analyzed in terms of the
following:
• Current investigative policies including case screening approaches; types of
cases "worked" by case type; and other policies which impact time utilization and
workload of investigative personnel.
• Based on interviews, document current caseloads and case status by case type.
• Based on the above, evaluate existing investigative service levels from the
perspectives of:
- Current caseloads compared to patterns observed in other law
enforcement agencies with effective case management approaches.
The extent to which cases with "leads" can be worked with a relatively
high likelihood of solvability given existing staffing levels and case
management approaches.
Elapsed time between initial report, assignment of a case to a detective,
and actual working of that case by a detective.
- Coordination of cases with patrol personnel.
• Mission, workload, and results achieved by pro-active investigative units,
including narcotics and special operations.
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Based on the above, the project team will develop a set of measures to clearly
define existing investigative services.
(4) Special Operations Functions.
These proactive units require a variety of information to be collected to document
their varied activities, including the following:
• Number of formal and informal investigations initiated.
• How criminal intelligence is planned, targeted and evaluated.
• Number of arrests processed.
• Citizen complaints responded to by type.
• Assets seized.
• Drugs recovered.
Based on the above, the project team will develop a set of measures to clearly
define existing special enforcement and operational support services in the City.
(5) Communications.
The project team would analyze workloads and service levels associated with
Communications by applying such approaches as the following:
• Document deployment of staff by shift and day of week and by function.
• Document personnel availability factors such as leaves and attrition.
• Document the allocation of call for service and other workload indicators by time
of day and day of week.
• Develop an understanding of communications support functions, including
training, technical support and administration.
• Document the allocation and roles of supervisory and management staff.
Based on these activities the project team would summarize the current use and
allocation of communications personnel for CPD purposes. Because we recently
developed an assessment of dispatch staffing this portion of our work would update the
previously collected data.
(5) Administrative and Support Services.
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The project team would analyze workloads and service levels associated with the
support units in the CPD by applying such approaches as the following:
• Document records processing flows by document type and volume. Identify and
quantify processing turnaround times and processing backlogs which might
impact CPD patrol and investigative personnel. Review systems currently
available to support records processing activities so that each agency has this
information on line.
• Evaluate evidence inventory and control functions including hours of coverage,
roles relating to evidence collection and processing, evidence audits and internal
controls.
• Review fiscal operations to include responsibilities and coordination with the City,
timeliness and accuracy of financial processes, budget support and
effectiveness in locating and securing grants.
• Determine how professional standards is used not just as an investigative
function but the processes utilized in recruitment and selection, media relations
and risk management. To what extent is this unit utilized to continuously
improve the organization?
• Review internal information processing procedures and controls.
• Examine information technology including current capabilities related to the
following:
- Crime analysis.
Investigative case management.
Mobile data terminal/laptop capabilities of patrol and other field officers.
Based on the above, the project team will develop a set of measures to clearly
define each support service.
(5) Human Resources Programs and Services.
Through interview and review of relevant documents, this sub-task would
document the scope and content of the Department's recruitment and training programs
including:
• Scope and content of in-service training provided to non-sworn staff including
existence of master training program(s) and objectives; types and amount of
training provided to sworn and non-sworn staff over the last 24 months; and
training program costs and expenditures.
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• Existence and content of career development plans and paths for sworn and
non-sworn staff.
• Current performance evaluation systems and approaches including measures
and approaches employed in performance evaluations.
• Approaches employed to recruit new non-sworn and sworn staff including
promotional; outreach; and selection approaches and materials.
• How human resources records are maintained.
• How performance evaluations are conducted, reviewed and used to improve
performance.
• How career development is prioritized in the Department.
Based on the above, the project team will develop a summary of personnel
systems in place in the Clearwater Police Department.
Task Result: The results of this task would be documented in the form of a
narrative and statistical profile of CPD workload and service levels which will
provide the basis for subsequent analysis. This profile would be circulated
among key CPD staff to ensure accuracy and reviewed with the City's Project
Team and the staff committee, when completed.
Task 4 Identify Issues by Comparing Current Operations and Service Levels
to Best Practices and Peer Organizations.
In this task, the project team would conduct a diagnostic assessment of the
Police Department and develop an initial set of issues with respect to the efficiency and
effectiveness of its operations. This issues list would be developed through three
approaches:
• A list of issues associated with a review of the facts documented in Task 3, the
Profile of the Organization and Operations of the Clearwater Police Department.
• The project team would also develop a detailed list of "best management
practices" for use in a diagnostic assessment of the programs, service and
management in the CPD. The Matrix Consulting Group has been a leader in the
development of `best management practices assessments of law enforcement
for over 20 years. This diagnostic assessment of the CPD would be developed
to identify the following:
Those areas in which the organization was meeting targeted service
delivery objectives or standards of service efficiency or effectiveness.
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Proposal to Conduct a Police Department Efficiency Review
Those areas in which there may be improvement opportunities.
Once developed, these measures/areas of comparative evaluation would be
reviewed with the project committee.
The project team would develop a list of at least 8 benchmark cities against
which to compare the CPD`s organization, staffing and operations. While no
comparison would perfectly fit Clearwater's service environment and goals, we
propose to utilize factors such as those shown below to develop the comparative
survey participants.
Population and Economic Environmental Police Department
Demographics Characteristics Characteristics Characteristics
• City size • Per capita income • Urbanized • Size
• Ethnicity • Tourism • Conservation areas • Composition of force
• In a metro region? • Regional commerce • Transportation • Crime, activity
Task Result: The results of this analytical exercise would be combined with the
results of the previous tasks and documented in a best management practices or
diagnostic assessment matrix as well as survey response table that included an
identification of issues which would be followed up on in subsequent tasks.
These documents would be discussed within the CPD and with the City's Project
Team.
Task 5 Identify Staffing Requirements and Alternatives for the Clearwater
Police Department.
Once service level alternatives have been defined, the project team will analyze
staffing levels necessary to achieve the service objectives associated with each target.
Basic steps in the analysis will be as follows:
Employ computer models to calculate field patrol deployment necessary to
achieve identified alternative service level objectives. The models provide the
capability to calculate field patrol deployment requirements by shift and day of
week based on workload and specific service level objectives associated with
target response times and preferred levels of time available for proactive
activities in an area. Relief factors and use of overtime to achieve targeted field
enforcement levels would be evaluated as well as opportunities for civilianization.
The project team utilizes two models for use in field operations, one which we
developed and have refined over decades of use with hundreds of departments,
a second is the Patrol Allocation Model (PAM) originally developed by
Northwestern University's Center for Public Safety.
Evaluate investigative staffing needs based on an assessment of case
management techniques (including how cases are screened, assigned and
monitored) as well as caseloads on an investigative specialty basis.
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• Analyze report volumes and other information in records as well as other support
functions. Important elements of this analysis are the impacts of alternative
technologies on staffing and operating requirements.
• Once staffing plans associated with identified service level targets have been
defined, the project team would compare them to current staffing levels.
• The project team would also evaluate management staffing levels in terms of
spans of control, functional responsibilities, and with respect to the comparative
assessment.
• The project team would also evaluate further civilianization opportunities in CPD
support and administrative functions.
• Finally, the project team would evaluate the use of overtime in the Department
and opportunities to control it as well as whether there is an alternative of staff
substitution for overtime available.
As part of this analysis, the project team will take a global view of redeployment
opportunities between and among functions in the Department.
Task Result: The results of this task would be documented and reviewed in detail
with the project committee. This would include definition of staffing levels
required to achieve targeted service levels and comparisons of those staffing
levels and costs with current operations.
Task 6 Evaluate Organizational Structure and Management Staffing
Alternatives for the Clearwater Police Department.
The results of the previous tasks would be analyzed to identify alternatives to the
current organizational structure and levels of management staffing. In conducting this
important organizational analysis, a variety of criteria will be utilized, including the
following:
• Are functions organized effectively to affect a well-coordinated delivery of service
to the community? Does adequate coordination and/or cooperation occur among
the various operating units (e.g., investigations and patrol)?
• Are spans of control consistent with organizational complexity and manager
responsibility?
• Is the Police Department too "tiered" or too "flat" from a command and
supervisory staffing perspective?
• Are functions placed too high or too low in the organization in relation to their
importance in meeting law enforcement and service objectives?
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• Are lines of authority and responsibility clear to all command personnel and
organizational units and are they being adhered to in day-to-day operations?
• Do program gaps exist which require organizational attention?
• Are management and supervisory personnel properly classified in relationship to
the type of work they do?
• Are there one-over-one reporting relationships which exist only to make a
consistent chain of command?
• Are the number of management and supervisory layers appropriate for an
organization this size and complexity?
• Are administrative functions adequately provided for in the organization? Or have
these functions been neglected in order to address sworn staffing needs? Are
there backlogs in administrative functions which impact field and investigative
operational needs?
• Are there information technology and related issues which impact operational
efficiency and effectiveness?
Task Result: The results of the analysis described above will be documented
with strengths of the existing organizational structure, as well as possible
improvement opportunities identified. This will be reviewed with the City's
Project Team and the staff committee.
Task 7 Identify Modifications Needed in Major Management Systems.
In this task, the management systems and processes used to plan and control
law enforcement and internal support of operations will be evaluated. The
methodologies utilized for conducting these evaluations will be interviews, review of
policy and procedure manuals, and assessment of management reporting systems.
Analytical attention will be focused on such major management system issues as the
following:
• How does the CPD plan, schedule and control the work to be done in each of its
organizational units?
• How are goals, objectives and service level targets developed? Is community
input sought?
• Is the CPD organized in a manner to effectively communicate its missions, goals,
and values throughout the organization? Are units accountable for meeting
these goals?
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• Does each major organizational unit have accurate and timely measures of the
performance of that unit?
• Does the City receive the information that they need to provide an on-going
assessment of performance?
• Does the Department have the legal tools (e.g., codes and ordinances) to do its
job most effectively?
• Are there issues associated with the way in which the Police Department
interacts with other departments? For example, are services coordinated with
Fire? Are human resources policies and procedures followed?
In this work task the project team will also evaluate the policies and procedures
used by the CPD to support and manage achievement of its various objectives to
include:
• Are the manuals / documents complete? Do major gaps exist relating to
operations?
• Are the manuals and documents updated frequently enough to reflect legal and
community changes? What is the process for updating these manuals and
documents?
• How are the contents of these manuals and documents and their revisions
communicated throughout the Department?
• Through policies and procedures as well as through personnel systems, how is
liability controlled?
• Are critical policies and procedures such as use of force and vehicle pursuit
clearly defined and consistent with progress law enforcement agency
approaches?
The study team will assess the positive features and improvement opportunities
which may exist in personnel management programs. Human resource issues to be
addressed in the conduct of these analyses will include the following:
• Evaluate methods to attract good candidates to the Police Department and
programs to retain law enforcement personnel once hired.
• Are recruitment and training efforts geared toward meeting the unique
community law enforcement and service needs?
• Content and structure of promotional systems currently in place.
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• What types of training activities are provided for sworn and non-sworn
personnel? What steps can be taken to enhance training effectiveness?
• Do training gaps or redundancies exist? Is training adequate, for example, in
community policing techniques, organizational communications and supervisory
skills?
• How is career development and professional growth promoted within the Police
Department?
• Is training provided based on a thorough assessment of skill improvement
needs?
Task Result: The results of the analysis described above will be documented and
will provide a preliminary evaluation of CPD management systems. Strengths of
existing Department management, as well as possible improvement
opportunities, will be identified. This will be reviewed with the City's Project
Team and the staff committee.
Task 8 Evaluate Technology, Fleet and Equipment Issues.
The study team will evaluate technology, vehicle and equipment adequacy in the
Police Department through such approaches as: analysis of usage; review of
specifications and their relationship to types of requirements they are designed to meet;
plans to replace equipment and vehicles; and relate this analysis to the staffing analysis
described in an earlier work task. Specifically, such issues will be addressed as the
following:
The project team will evaluate the current use and availability of technology
within the CPD in the context of supporting the following principal activities:
- Adequacy and capacity of systems available to support communications
operations such as CAD and RMS. This would include patrol and other
officers' access to technology for field checks and for report writing.
- Support of management information needs such as workload and
resource needs analysis.
- Support of management information needs for program effectiveness.
Identify strengths and weaknesses of current systems and technology reviewed
results of this assessment in detail with the CPD. Once of the principal purposes
of this review will be to develop a consensus on improvement needs and to
assign priorities to potential improvements. Suggested areas for examination
include:
Matrix Consulting Group IPe age
m dL3
Attachment number 1
Page 40 of 42
CITY OF CLEARWATER, FLORIDA
Proposal to Conduct a Police Department Efficiency Review
Specifications development and standardization around common
platforms, operating systems and peripherals.
Resource availability and utilization of these resources.
How technology is evaluated for process improvement and costs/benefits.
Needs assessment and planning of future systems needs.
Customer support and help desk activities.
Training of users on technology.
• How well is the significant investment in fleet being managed? Specifically, the
project team would resolve a number of key questions, including:
- Are there vehicle and equipment needs which impact staff's ability to
function effectively?
What types of vehicles are assigned to each organizational unit/ function;
what is the rationale for vehicle types and assignments?
What percentage of the fleet is out of service at any point in time?
Do vehicles meet acceptable utilization levels as measured by miles
driven or proportion of time used?
What other opportunities exist to reduce vehicle maintenance costs?
• Are there issues with the storekeeping roles and responsibilities? Are there
issues with inventory levels, procurement practices and resulting cost
effectiveness? Are personnel levels appropriate in terms on number and type?
Task Result: The results of this analysis will be a review and assessment of the
Police Department's equipment and use of technology and opportunities for
improvement. These results will be reviewed with the City's Project Team and
the staff committee.
Task 9 Document Recommendations and a Plan of Implementation in a Draft
and Final Report.
Once the work tasks noted above have been completed, our findings,
conclusions, and recommendations will be documented in the form of a detailed
management, staffing and operations plan for the CPD. This Draft and Final Report will
consist of:
• Executive summary of all key findings and recommendations.
Matrix Consulting Group IPe ce 13
Attachment number 1
Page 41 of 42
CITY OF CLEARWATER, FLORIDA
Proposal to Conduct a Police Department Efficiency Review
Detailed analysis of operations and staffing needs for each function at alternative
service level targets. Moreover, analytical methodologies will be provided so that
the impacts in changes to assumptions can be calculated internally.
Detailed plans for implementing all recommended changes to include work steps
necessary to implement; recommend responsibilities; and timing. This would
include both short and long term plans.
Once the draft report and implementation plan has been reviewed by CPD staff
and the City's Project Team, we would make necessary corrections and then would
present it to the City.
4. PROJECT SCHEDULE
The chart below shows our proposed schedule for this project on a task-by-task
basis. This schedule reflects a sixteen week turn-around time from a notice to proceed.
Project TaskMeeks 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16
1. Initiation 4
2. Profile
3. E Survey 4
4. Comparatives
5. Staffing 4
6. Organization
7. Management
8. Equipment 4
9. Final Report A
We take pride in the fact that we have met every project schedule in our careers,
unless the client has requested a slower delivery date than originally proposed.
Matrix Consulting Group Item Page L3
Attachment number 1
Page 42 of 42
CITY OF CLEARWATER, FLORIDA
Proposal to Conduct a Police Department Efficiency Review
4. PROPOSED COST
The Matrix Consulting Group is pleased to present a fixed price proposal of
$107,000 to conduct this Efficiency Review of the Clearwater Police Department. This
includes all professional fees and services as well as all reimbursable travel costs for
the assignment as shown in the table below:
Project Task Brady Miller Mathews Carpenter Bravo Wolfberg Hours
1. Initiation 8 0 0 0 0 0 8
2. Profile 8 24 16 16 24 24 112
3. E Survey 0 0 0 0 0 8 8
4. Comparatives 8 8 8 8 8 16 56
5. Staffing 16 24 24 24 24 24 136
6. Organization 8 8 0 0 0 0 16
7. Management 8 8 8 16 8 8 56
8. Equipment 8 0 24 0 0 0 32
9. Final Report 24 16 16 16 16 0 88
Total Hours 88 88 96 80 80 80 512
Hourly Rate $225 $200 $190 $190 $175 $175
Fees $19,800 $17,600 $18,240 $15,200 $14,000 $14,000 $98,840
Expenses $8,160
Total Cost $107,000
In this revised proposal we have asked (in the Profile Task) to have a
Departmental coordinator be assigned to us to assist with the identification and
collection of data, especially as that relates to access to the automated systems. While
data collection is still our firm's responsibility, this assignment of no more than 24 hours
during the life of the project helped us reduce project costs to the amount in this revised
proposal.
Matrix Consulting Group IPe ge rL3
Attachment number 2
Page 1 of 4
AGREEMENT TO PROVIDE PROFESSIONAL CONSULTING
SERVICES TO CLEARWATER, FLORIDA
Matrix Consulting Group
THIS AGREEMENT, entered into this Day of November, 2008 and effective
immediately by and between Matrix Consulting Group (hereinafter called the
"CONSULTANT" and the City of Clearwater, Florida (hereinafter called "CITY"),
WITNESSETH THAT,
WHEREAS, CITY desires to engage the CONSULTANT to Conduct an Efficiency Study
of the Police Department;
NOW, THEREFORE, the parties hereto mutually agree as follows:
(1) Employment of Consultant. CITY agrees to engage the CONSULTANT and
the CONSULTANT hereby agrees to perform the services described in the
CITY's Scope of Work dated October 16th, 2008 and incorporated into this
Agreement as Attachment A and CONSULTANT'S revised proposal dated
November 3rd, 2008 and incorporated into this Agreement as Attachment B.
(2) Term. The services to be performed hereunder by the CONSULTANT shall be
commence on November 20, 2008 and shall terminate on April 30, 2008, unless
this Agreement is earlier terminated as provided for herein.
(3) Compensation. The CITY agrees to pay the CONSULTANT a sum not to
exceed one hundred and seven thousand dollars ($107,000) in CONSULTANT'S
Price Proposal. CONSULTANT agrees to complete the project and all services
provided herein for said sum.
(4) Method of Payment. The CONSULTANT shall bill monthly for hours completed
to date as described in CONSULTANT'S Price Proposal. Total payments shall
not exceed the amount shown in (3), above. CITY shall pay invoices within thirty
(30) days of receipt.
(5) Changes. CITY may, from time to time require changes in the scope of services
of the CONSULTANT to be performed hereunder. Such changes, which are
mutually agreed upon by and between CITY and the CONSULTANT, shall be
incorporated in written amendment to this Agreement.
(6) Services and Materials to be Furnished by CITY. CITY shall furnish the
CONSULTANT with all available necessary information, data, and material
pertinent to the execution of this Agreement. CITY shall cooperate with the
CONSULTANT in carrying out the work herein and shall provide adequate staff
for liaison with the CONSULTANT.
Professional Services Agreement Page
item # 23
Attachment number 2
Page 2 of 4
(7) Termination of Agreement. If, for any cause, the CONSULTANT shall fail to
fulfill in timely and proper manner his obligation under this agreement, CITY shall
thereupon have the right to terminate this Agreement by giving written notice to
the CONSULTANT of such termination and specifying the effective date thereof,
at least five (5) days before the effective date of such termination.
(8) Information of Reports. The CONSULTANT shall, at such time and in form as
CITY may require, furnish such periodic reports concerning the status of the
project, such statements, and copies of proposed and executed plans and other
information relative to project as may be requested by CITY. The
CONSULTANT shall furnish CITY, upon request, with copies of all documents
and other material prepared or developed in relation with or as part of project.
(9) Records and Inspections. CONSULTANT shall maintain full and accurate
records with respect to all matters covered under this Agreement for a period of
one year after the completion of the project. CITY shall have free access at all
proper times to such records, and the right to examine and audit the same and to
make transcripts there from, and to inspect all program data, documents,
proceedings, and activities.
(10) Completeness of Contract. This contract and any additional or supplementary
document or documents incorporated herein by specific reference contain all the
terms and conditions agreed upon by the parties hereto, and no other
agreements, oral or otherwise, regarding the subject matter of this contract or
any part thereof shall have any validity or bind any of the parties hereto.
(11) CITY Not Obligated to Third Parties. CITY shall not be obligated or liable
hereunder to any party other than the CONSULTANT.
(12) When Rights and Remedies Not Waived. In no event shall the making by
CITY of any payment to the CONSULTANT constitute or be construed as a
waiver by CITY of any breach of covenant, or any default which may exist on the
part of the CONSULTANT and the making of any such payment by CITY while
any such breach or default shall exist in no way impairs or prejudices any right or
remedy available to CITY in respect to such breach or default.
(13) Hold Harmless. Each party shall be responsible for its own acts and will be
responsible for all damages, costs, fees and expenses which arise out of the
performance of this Agreement and which are due to that party's own
negligence, tortious acts and other unlawful conduct and the negligence, tortious
action and other unlawful conduct of its respective agents, officers and
employees.
(14) Insurance. Consultant agrees to maintain insurance during the term of this
Agreement: for comprehensive general liability in the amount of $2,000,000 per
occurrence and $4,000,000 in aggregate; automobile liability insurance in the
amount of $1,000,000; workers' compensation insurance in the amount of
$1,000,000 and professional liability in the amount of $1,000,000.
Professional Services Agreement Page
item # 23
Attachment number 2
Page 3 of 4
CONSULTANT shall provide CITY with an insurance certificate which names the
CITY as an additionally insured.
(15) Personnel. The CONSULTANT has all personnel required in performing the
services under this Agreement. All of the services required hereunder will be
performed by the CONSULTANT or under CONSULTANT'S supervision, and all
personnel engaged in the work shall be qualified to perform such services.
(16) Assignability. The parties hereby agree that Consultant may not assign, convey
or transfer its interest, rights and duties in this Agreement without the prior
written consent of CITY.
(17) Notices. Any notices, bills, invoices, or reports required by this Agreement shall
be sufficient if sent by the parties in the United States mail, postage paid, to the
addresses noted below:
TO CONSULTANT:
Name.
Title
Agency
Address
City, State Zip
TO CITY
Name.
Title
Agency
Address
City, State Zip
Richard P. Brady
President
Matrix Consulting Group
721 Colorado Avenue, Suite 101
Palo Alto, California 94303
Robin I. Gomez
City Auditor & Hispanic-Latino Liaison
City of Clearwater
PO Box 4748
Clearwater FL 33758
IN WITNESS WHEREOF, CITY and the CONSULTANT have executed this agreement
as of the date first written above.
CITY OF CLEARWATER, FLORIDA
By:
Date:
MATRIX CONSULTING GROUP
By:
Date:
Richard P. Brady, President
Professional Services Agreement Page
Item # 23
Attachment number 2
Page 4 of 4
Professional Services Agreement Page
tem # 23
' l City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Approve the 2009 State Legislative Package
SUMMARY:
Meeting Date: I 1/ 18/2008
The 2009 State Legislative Package includes supporting: continued funding for programs that benefit municipalities statewide such
as Florida Recreation Development Assistance Program (FRDAP) and Brownfields Cleanup; full funding of the housing trust
funds under the Sadowski Act and State Aid to Libraries. Also included in the 2009 package is a local bill that removes the
reverter from the beach Marina property in order to facilitate future redevelopment of that site.
The City, along with the Florida League of Cities, continues to oppose unfunded mandates and intrusions to municipal home rule
authority.
Review Approval: 1) City Manager 2) Clerk 3) Clerk
Cover Memo
Item # 24
Attachment number 1
Page 1 of 1
2009 State Legislative Package
The City of Clearwater will seek funding through grants and other sources to assist in implementing
projects and providing services to meet the needs of our citizens and improve their quality of life.
McMullen Tennis Complex Expansion - $200,000 FRDAP Grant
Grant funds will be used to construct four lighted clay courts and tennis amenities.
Issues to Support
We will support legislation that is beneficial to Clearwater and other municipalities including:
Local Bill regarding Clearwater Marina property
Alternatives to public hearing advertisement other than newspapers
Maintain/Increase funding for FRDAP, Land & Water Conservation Fund and State Aid to
Libraries
Full funding of the Florida State and Local Housing Trust Funds under the Sadowski Act
Funding for Brownfields Cleanup Program and Florida Green Government Grants Act
Fully fund growth management mandates
Willa Carson Health Resource Center funding request
Issues to Oppose
We will oppose legislation that is detrimental to Clearwater and other municipalities including:
Unfunded mandates
Increased regulation of, or restrictions on, municipal and budgeting
Oppose mandates that will require local police officers to track immigration violations
discovered during normal law enforcement activities
Using Sadowski or transportation trust funds to balance budget
In addition, the City will support the Florida League of Cities in pursuing its legislative priorities, in
particular: tax reform, property insurance reform, charter county relation and red light enforcement.
Item # 24
Attachment number 2
Page 1 of 4
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A bill to be entitled
An act relating to the City of Clearwater, Pinellas County;
amending chapter 11050, Laws of Florida, 1925, as amended by
chapter 2007-312, Laws of Florida, 2007; providing for use of
city-owned property for recreational and commercial working
waterfronts; providing for use of revenue from city-owned
property; providing for development of city-owned property
consistent with Florida Coastal Management Program and
Waterfronts Florida Program; providing for preservation of
referendum requirement of use of certain city-owned property;
providing an effective date.
WHEREAS, the right-of-way for the causeway to Clearwater
Beach known as Memorial Causeway and certain adjacent submerged
lands was granted to the City of Clearwater under chapter 11050,
Laws of Florida, 1925, to be owned and maintained as provided in
the 1925 special act, and
WHEREAS, chapter 2007-312, Laws of Florida, 2007, amended
chapter 11050, ratifying existing uses as consistent with the
original grant and reiterating certain restrictions on such
uses; and
WHEREAS, the Legislature recognizes the important state interest
in maintaining viable water-dependent support facilities such as
lodging, boat hauling and repair, and commercial fishing
activities, as well as providing access to the state's navigable
waters as a vital conduit for commerce, transportation of goods,
CODING: Words are deletions; words are additions.
Page 1 of 2
Item # 24
Attachment number 2
Page 2 of 4
30 and maintaining and enhancing the annual $71 billion economic
31 impact of tourism and boating; and
32
33 WHEREAS, the City of Clearwater wishes to address the physical
34 and economic decline of its existing coastal and working
35 waterfront areas by revitalizing its waterfront as a
36 recreational and commercial working waterfront in accordance
37 with the Florida Coastal Management Program, the Waterfronts
38 Florida Program and other legislative findings and intent on the
39 subject matter; and
40
41 WHEREAS, the City of Clearwater has taken the requisite action
42 to revitalizing its coastal and waterfront areas by implementing
43 §§ 197.303-197.3047, Florida Statutes (2005) through adoption of
44 tax deferrals for recreational and commercial working waterfront
45 properties, amending its Comprehensive Plan, which implements
46 both a Future Land Use Element requiring that redevelopment
47 activities be sensitive to the city's waterfront and promote
48 public access to the city's waterfront resources, and a Coastal
49 Management Element encouraging the preservation of recreational
50 and commercial working waterfronts and marinas and other water-
51 dependent facilities; and
52
53 WHEREAS, the City of Clearwater has committed significant
54 resources and made tremendous monetary investment in
55 revitalizing its coastal and waterfront areas by planning and
56 developing Beach by Design: A Preliminary Design for Clearwater
57 Beach and Design Guidelines, a redevelopment area plan; and
58
CODING: Words are deletions; words are additions.
Page 2 of 2
Item # 24
Attachment number 2
Page 3 of 4
59 WHEREAS, the city wishes to expand such revitalization efforts
60 consistent with the Florida Coastal Management Program, the
61 Waterfronts Florida Program and eliminate reversion provisions
62 that inherently conflict with the city's working waterfront and
63 coastal revitalization efforts contained in the 1925 special act
64 as subsequently amended by chapter 2007-312, and NOW, THEREFORE,
65
66 Be It Enacted by the Legislature of the State of Florida:
67
68 Section 1. The City of Clearwater may authorize the use of the
69 filled upland portion of the property described in chapter
70 11050, Laws of Florida, 1925, as amended by chapter 2007-312,
71 Laws of Florida, 2007, for purposes of recreational and
72 commercial working waterfronts as defined in Florida Statute
73 342.07, thereby providing access for the public to the navigable
74 waters of the state, and providing access to water-dependent
75 commercial activities notwithstanding whether the use is for a
76 public purpose.
77
78 Section 2. Submerged portions of the property granted to the
79 City of Clearwater under chapter 11050, Laws of Florida, 1925,
80 shall continue to be used as provided for in chapter 11050, Laws
81 of Florida, 1925, as amended by chapter 2007-312, Laws of
82 Florida, and the City shall use any revenue generated by public
83 or private use of the submerged land to fund water-related
84 activities for the benefit of the public.
85
86 Section 3. Any filled portion of the lands granted under
87 chapter 11050, Laws of Florida, 1925, currently existing as
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Page 3 of 2
Item # 24
Attachment number 2
Page 4 of 4
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uplands, shall be used and developed in accordance with the
Florida Coastal Management Program, the Waterfronts Florida
Program, City of Clearwater Comprehensive Plan, City of
Clearwater Code of Ordinances, and other applicable law, and are
hereby released from a right of reverter to the extent that the
use and development of the property are consistent therewith.
Section 4. This act shall not modify or supersede any
provision of the Charter of the City of Clearwater concerning
the requirement of a referendum for the use of waterfront
property that is owned by the City of.
Section 6. This act shall take effect upon becoming a law.
CODING: Words are deletions; words
Page 4 of 2
are additions.
Item # 24
' l City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
City Manager Verbal Reports
SUMMARY:
Review Approval: 1) Clerk
Meeting Date: I 1/ 18/2008
Cover Memo
Item # 25
' l City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
City Manager and City Attorney Salary Comparison
SUMMARY:
Review Approval: 1) Clerk
Meeting Date: I 1/ 18/2008
Cover Memo
Item # 26
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Closest Jurisdiction Matches
BY POPULATION: CLEARWATER -109,000
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Citv Attornev
A;"T Li A,L
$231,650
$165,339
$165,000
E 148.6-<,4
contracted
$203,944
contracted
Average 21, 1 42 a
Clearwater X143 044
$ Diff 42 43<
% Diff
City Manager
ACTUAL
Ft. Lauderdale $219,128
Tallahassee $168,937
Hollywood $201,000
Lakeland $180,464
Coral Springs $214,374
Clearwater s1__1A2?
Cape Coral $164,715
Gainesville $168,162
Port St. Lucie $160,000
Miami Beach $231,324
Sunrise $187,334
Average s189?44
Clearwater $161,085
$ Diff acs 4e?
% DiH ?
Note:
These jurisdictions based on populations are five directly above and five directly
below Clearwater's population of 109,000.
*The average salary total does not include Clearwater's salary.
BY BUDGET: CLEARWATER -$255,137,340
Citv Manager
City Attorney ACTUAL
ACTUAL +St. Petersburg 162,314
St. Petersburg $156,554 Boca Raton $217,922
Boca Raton $213,358 Ft. Lauderdale $219,128
Ft. Lauderdale $231,650 Lakeland $180,464
Lakeland $166,376 Gainesville $161,975
Gainesville contracted Clearwater stct n2
Clearwater 5148 694 Sunrise $187,334
Sunrise contracted Hollywood $201,000
Hollywood $165,000 Port St. Lucie $160,000
Pompano Beach $155,862 Pompano Beach $185,000
Sarasota 147,168
Average s1a1 467
Clearwater S143 U44 Average s18z^st
$ Diff s3a 4^_ Clearwater 5161 085
% Diff $ Diff 1 146
% Diff
Note:
These jurisdictions based on budget amounts are five directly above and five
directly below Clearwater's budget of $255,137,340.
*The average salary total does not include Clearwater's salary
+Strong Mayor structure
BY FTE COUNT: CLEARWATER -1799
City Attorney City Manager
ACTUAL ACTUAL
Tallahassee $165,339 Orlando $168,937
Ft. Lauderdale $231,650 Tallahassee $191,859
Gainesville contracted Ft. Lauderdale $219,128
Lakeland $166.376 Gainesville $168,162
Clearwater '148 694 Lakeland $180,464
Miami Beach $203,944 Clearwater s16to2
Hollywood $165,000 Miami Beach $231,324
W. Palm Beach $175,000 Hollywood $201,000
Sunrise contracted + W. Palm Beach $210,140
Sunrise $187,334
Average sis4 s1 Coral Springs $214,374
Clearwater S143 044
$ Diff s4teo- Average s19z_7_
% Diff = ao Clearwater S161 Oo5
$ Diff 36 18T
% Diff
Note:
These jurisdictions based on allocated full-time equivalent (FTE) positions
within the organizations are five directly above and five directly below
Clearwater's FTE count.
*The average salary total does not include Clearwater's salary.
+Strong Mayor structure
PDFConvertPROD.7907.1.10-2008_City_Mgr_Legal _search _survey_information.AsTop 10 by categories
Attachment number 1
Page 3 of 5
Item # 26
11!7/2008
Attachment number 1
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Attachment number 1
Page 5 of 5
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Item # 26
' l City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Other Council Action
SUMMARY:
Review Approval: 1) Clerk
Meeting Date: I 1/ 18/2008
Cover Memo
Item # 27