06/01/2009
WORK SESSION AGENDA
Council Chambers - City Hall
6/1/2009 - 9:00 AM
1. Presentations
1.1Neighborhood Energy Saver Program - Melissa Seixas and Melvin Philpot, Progress Energy.
Attachments
2. Economic Development and Housing
2.1Accept two $200,000 Brownfields assessment grants funded through the US Environmental Protection
Agency (EPA) and authorize the appropriate officials to execute same. (consent)
Attachments
2.2Approve a substantial change amendment to the City’s FY 2008-09 Consolidated Action Plan to receive
an additional appropriation of $251,549 in funding from the American Recovery and Reinvestment Act of
2009 and authorize the appropriate officials to execute same.
Attachments
2.3Approve waiver of existing City liens in the amount of $16,863.11 associated with the demolition and lot
clearing that occurred in 1995 and 1996 for the properties located at 1007 and 1009 LaSalle Street. (Legal
description: GREENWOOD MANOR, LOT 9 and 10). Owner: Mt. Carmel Community Development
Corporation of Clearwater, Inc., 1014 Pennsylvania Avenue, Clearwater, Florida. (consent)
Attachments
3. Fire Department
3.1Reappoint Mr. Rick G. Stucker to a two-year term as a Trustee of the Clearwater Firefighters’
Supplemental Trust Fund in accordance with Sec. 175.061 of the Florida State Statutes. (consent)
Attachments
4. Parks and Recreation
4.1Approve a 5-year Revocable License Agreement from July 1, 2009 through June 30, 2014, between the
City of Clearwater and Sunsets at Pier 60 Society, Inc. to provide a nightly festival at Pier 60 Park to
promote tourism to Clearwater and Clearwater Beach and authorize the appropriate officials to execute
same. (consent)
Attachments
4.2Approve amending Section 22.24(2) of the City of Clearwater Code of Ordinances to change the hours of
operation for Mandalay Park from “Closed from 11:00 p.m. until 6:00 a.m.” to “Closed from Sunset until
Sunrise” and pass Ordinance 8069-09 on first reading.
Attachments
4.3Approve a 1-year Partnership and Operational Support Agreement from June 1, 2009 through May 31,
2010, between the City of Clearwater and Clearwater Horseshoe Club, Clearwater Lawn Bowls Club and
Clearwater Shuffleboard Club (Clubs), for the use and supervision of certain City owned buildings and
facilities and authorize the appropriate officials to execute same. (consent)
Attachments
4.4Approve a blanket purchase order contract to Smith Fence of Clearwater, Florida, in the amount of
$150,000 for the purchase and installation of fencing at various projects throughout the City during the
contract period May 22, 2009 through May 21, 2010, in accordance with Sec. 2.564 (1)(d), Code of
Ordinances – Pinellas County Purchasing Cooperative Bid #089-0148-B (SS), and authorize appropriate
officials to execute same. (consent)
Attachments
5. Police
5.1Approve extension of agreements for contractual services related to Clearwater’s Human Trafficking
Immersion Training Project to the end date of the grant period and approve a new agreement with
Directions for Mental Health, Inc. and authorize the approrriate officials to execute same. (consent)
Attachments
6. Solid Waste/General Support Services
6.1Amend Article VII, Solid Waste Management,Section 32.271 through 32.322, Amend Appendix A,
Schedule of fees, rates, and charges, Article XXV, Public Works-fees, rates and charges, section; (3)(c)
Solid Waste collection rates through Solid Waste Roll-off container or waste receptacle service(5)(b)(ii)
(7), and pass Ordinance 8025-09 on first reading.
Attachments
7. Public Utilities
7.1Water Management Trends Presentation
Attachments
8. Official Records and Legislative Services
8.1Appoint one member to the Library Advisory Board with the term to expire June 30, 2013.
Attachments
9. Legal
9.1Authorize additional funds to Bricklemyer Smolker & Bolves, P.A., for continued representation of the
City in several inverse condemnation litigation cases arising from the construction related to the
“Beachwalk Project”, in the amount of $100,000. (consent)
Attachments
9.2Approve amending Section 22.40, Code of Ordinances, to require the leashing of dogs located at specific
areas on Clearwater Beach and requiring the removal of pet waste and pass Ordinance 8074-09 on first
reading.
Attachments
9.3 Approve amending Subsection (2)(a) of Section 17.06, Code of Ordinances, relating to fireworks displays,
to prohibit the issuance of permits on specified areas of Clearwater Beach during specified times, and Pass
Ordinance 8075-09 on first reading.
Attachments
9.4Adopt Ordinance 8023-09 on second reading, amending the future land use plan element of the
Comprehensive Plan of the city to change the land use designation for certain real property whose post
office address is 323 Jeffords Street and 300 Pinellas Street, together with the vacated right-of-way of
Sadler Street and Bay Avenue; and certain property located on the east side of Reynolds Avenue
approximately 190 feet north of Pinellas Street, consisting of Lot 8, S.J. Reynolds Subdivision, whose
post office address is an unaddressed parcel on Reynolds Avenue from Residential/Office General (R/OG)
to Institutional (I).
Attachments
9.5Adopt Ordinance No. 8024-09 on second reading, amending the Zoning Atlas of the city by rezoning
certain real property whose post office address is 323 Jeffords Street and 300 Pinellas Street, together with
the vacated right-of-way of Sadler Street and Bay Avenue; and certain property located on the east side of
Reynolds Avenue approximately 190 feet north of Pinellas Street, consisting of Lot 8, S.J. Reynolds
Subdivision, whose post office address is an unaddressed parcel on Reynolds Avenue, from Office (O) to
Institutional (I).
Attachments
9.6Adopt Ordinance No. 8028-09 on second reading, making amendments to the Community Development
Code to further the consistency between the Community Development Code and the City’s
Comprehensive Plan by implementing public school concurrency.
Attachments
9.7Adopt Ordinance No. 8042-09 on second reading, making amendments to the sidewalk or outdoor café
sections of the Community Development Code.
Attachments
9.8Adopt Ordinance No. 8050-09 on second reading, annexing certain real property whose post office
address is 1935 Old Coachman Road, into the corporate limits of the city and redefining the boundary
lines of the city to include said addition.
Attachments
9.9Adopt Ordinance No. 8051-09 on second reading, amending the future land use element of the
Comprehensive Plan of the city to designate the land use for certain real property whose post office
address is 1935 Old Coachman Road, upon annexation into the City of Clearwater, as Residential Low
(RL).
Attachments
9.10Adopt Ordinance No. 8052-09 on second reading, amending the Zoning Atlas of the city by zoning
certain real property whose post office address is 1935 Old Coachman Road, upon annexation into the
City of Clearwater, as Low Medium Density Residential (LMDR).
Attachments
9.11Adopt Ordinance No. 8053-09 on second reading, annexing certain real property whose post office
address is 3012 Glen Oak Avenue North, together with the abutting right-of-way of Glen Oak Avenue
North, into the corporate limits of the city and redefining the boundary lines of the city to include said
addition.
Attachments
9.12Adopt Ordinance No. 8054-09 on second reading, amending the future land use element of the
Comprehensive Plan of the city to designate the land use for certain real property whose post office
address is 3012 Glen Oak Avenue North, together with the abutting right-of-way of Glen Oak Avenue
North, upon annexation into the City of Clearwater, as Residential Low (RL).
Attachments
9.13Adopt Ordinance No. 8055-09 on second reading, amending the Zoning Atlas of the city by zoning
certain real property whose post office address is 3012 Glen Oak Avenue North, together with the
abutting right-of-way of Glen Oak Avenue North, upon annexation into the City of Clearwater, as Low
Medium Density Residential (LMDR).
Attachments
9.14Adopt Ordinance No. 8056-09 on second reading, annexing certain real property whose post office
address is 918 Moss Avenue, into the corporate limits of the city and redefining the boundary lines of the
city to include said addition.
Attachments
9.15Adopt Ordinance No. 8057-09 on second reading, amending the future land use element of the
Comprehensive Plan of the city to designate the land use for certain real property whose post office
address is 918 Moss Avenue, upon annexation into the City of Clearwater, as Residential Low (RL).
Attachments
9.16Adopt Ordinance No. 8058-09 on second reading, amending the Zoning Atlas of the city by zoning
certain real property whose post office address is 918 Moss Avenue, upon annexation into the City of
Clearwater, as Low Medium Density Residential (LMDR).
Attachments
9.17Adopt Ordinance No. 8062-09 on second reading, annexing certain real property whose post office
address is 1831 Beverly Circle North, into the corporate limits of the city and redefining the boundary
lines of the city to include said addition.
Attachments
9.18Adopt Ordinance No. 8063-09 on second reading, amending the future land use element of the
Comprehensive Plan of the city to designate the land use for certain real property whose post office
address is 1831 Beverly Circle North, upon annexation into the City of Clearwater, as Residential Low
(RL).
Attachments
9.19Adopt Ordinance No. 8064-09 on second reading, amending the Zoning Atlas of the city by zoning
certain real property whose post office address is 1831 Beverly Circle North, upon annexation into the
City of Clearwater, as Low Density Residential (LDR).
Attachments
9.20Adopt Ordinance No. 8065-09 on second reading, annexing certain real property whose post office
address is 1927 Summit Drive, into the corporate limits of the city and redefining the boundary lines of
the city to include said addition.
Attachments
9.21Adopt Ordinance No. 8066-09 on second reading, amending the future land use element of the
Comprehensive Plan of the city to designate the land use for certain real property whose post office
address is 1927 Summit Drive, upon annexation into the City of Clearwater, as Residential Low (RL).
Attachments
9.22Adopt Ordinance No. 8067-09 on second reading, amending the Zoning Atlas of the city by zoning
certain real property whose post office address is 1927 Summit Drive, upon annexation into the City of
Clearwater, as Low Medium Density Residential (LMDR).
Attachments
9.23Continue 2nd Reading of Ordinance 8025-09 to June 18, 2009 to amend Article VII, Solid Waste
Management,Section 32.271 through 32.322, Amend Appendix A, Schedule of fees, rates, and charges,
Article XXV, Public Works-fees, rates and charges, section; (3)(c) Solid Waste collection rates through
Solid Waste Roll-off container or waste receptacle service(5)(b)(ii)(7.
Attachments
10. City Manager Verbal Reports
10.1Well Development & Sink Holes
Attachments
11. Council Discussion Items
11.1Alcohol and Concessions on Sand Key Park - Councilmember Cretekos
Attachments
12. Other Council Action
12.1Other Council Action
Attachments
13. Adjourn
14. Presentation(s) for Council Meeting
14.1Miss Florida, Jessica Fehr - Key to the City to be presented.
Attachments
Work Session
Council Chambers - City Hall
Meeting Date:6/1/2009
SUBJECT / RECOMMENDATION:
Neighborhood Energy Saver Program - Melissa Seixas and Melvin Philpot, Progress Energy.
SUMMARY:
Review Approval:1) Clerk
Cover Memo
Neighborhood Energy Saver Program
Goals & Objectives
•Assist families in low income
neighborhood by installing free energy
conservation measures
•Educate families on energy efficiency •Educate families on energy efficiency
techniques and best practices
•Change behavior
•Control energy usage
Eligibility Requirements
•Meet Department of Community Affairs
criteria(150% of the poverty income
guidelines)
•Progress Energy residential metered •Progress Energy residential metered
customer
•Reside in the selected census data block
group
Implementation Strategy
•Key Leader Partnerships
•Mass market notification
•Measure installation
•
•Measure installation
•Energy conservation awareness
Key Leaders
•Local, State & Federal Officials
•Community Leaders
••Neighborhood Leaders
•Neighborhood Associations
Mass Market Notification Campaign
•Letter Sent 3 weeks prior to event
•Resident Invitation/Owner
AuthorizationAuthorization
•Post Card -2 Weeks prior
•Telephone reminder –2 nights
before
Communications
•Kick-off
•Door to door campaign
•Customer Interviews•Customer Interviews
Measure for Installation
Weather Stripping Installation
Faucet aerators/temp adjustments
A/C Filter ReplacementA/C Filter Replacement
Refrigerator coil cleaning/brush
Low flow showerhead
Measure for Installation
Florescent light bulbs
Wall thermometer
Water heater wrapWater heater wrap
Additional measures:
A/C filter change reminder, door
sweep, caulking, refrigerator
thermometer, clear patch tape
Weather Stripping InstallationWeather Stripping InstallationWeather Stripping InstallationWeather Stripping InstallationWeather Stripping InstallationWeather Stripping InstallationWeather Stripping InstallationWeather Stripping Installation
Faucet aerators &
temperature adjustments
A/C Filter Replacement
Refrigerator coil cleaning/brush
Low flow showerhead
Florescent light bulbs
Wall thermometer
Water heater wrap
The People we help
The People we help
The People we help
Annual Savings
How much money will you save by
participating in the program?
$150 per year
Work Session
Council Chambers - City Hall
Meeting Date:6/1/2009
SUBJECT / RECOMMENDATION:
Accept two $200,000 Brownfields assessment grants funded through the US Environmental Protection Agency (EPA) and authorize the
appropriate officials to execute same. (consent)
SUMMARY:
On February 17, 2009, President Barack Obama signed into law the American Recovery and Reinvestment Act. The Recovery Act is an
unprecedented effort to jumpstart our economy, and create or save millions of jobs. This law provided stimulus funds to the Brownfields
Program to award grants to evaluate and clean up former industrial and commercial sites. Under this law, EPA will provide financial
assistance to eligible applicants through four competitive grant programs: assessment grants, revolving loan fund grants, cleanup grants,
and job training grants.
EPA has selected the City of Clearwater (one of only 10 cities in the state of Florida) for two brownfields assessment grants:
$200,000 for hazardous substances (Recovery Act Funding)
$200,000 for petroleum (Recovery Act Funding)
Community-wide hazardous substances and petroleum grant funds will be used to conduct about 28 Phase I and 8 Phase II
environmental site assessments, and conduct cleanup planning. Grant funds also will be used to support community outreach activities
and implement a public health monitoring plan.
Staff will prepare the workplan and application materials and submit to EPA for approval by June 9, 2009. Funds are anticipated to be
available as soon as August 2009 and must be expended by September 30, 2012. Economic Development and Housing staff will
implement the activities of the grant with no impact to the General Fund.
A third quarter budget amendment will establish this project to recognize the grant from EPA.
Type:Other
Current Year Budget?:No Budget Adjustment:Yes
Budget Adjustment Comments:
A third quarter budget amendment will establish project 0181-99855, EPA Brownfields Recovery Assessment Grant, to recognize the
grant from EPA.
Current Year Cost:Annual Operating Cost:
Not to Exceed:Total Cost:
For Fiscal Year: to
Appropriation Code Amount Appropriation Comment
0181-99855 400,000 Grant from EPA Brownfields Recovery
Review Approval:1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager ED 5) Clerk 6) City Manager 7) Clerk
Cover Memo
Work Session
Council Chambers - City Hall
Meeting Date:6/1/2009
SUBJECT / RECOMMENDATION:
Approve a substantial change amendment to the City’s FY 2008-09 Consolidated Action Plan to receive an additional appropriation of
$251,549 in funding from the American Recovery and Reinvestment Act of 2009 and authorize the appropriate officials to execute
same.
SUMMARY:
On February 17, 2009, the U.S. Congress authorized funding through the American Recovery and Reinvestment Act of 2009 (Act) to
provide additional appropriations to the Community Development Block Grant Program under Title I of the Housing and Community
Development Act of 1974, as amended. Through this appropriation, the City of Clearwater, Florida will receive additional funding from
the FY 2008-2009 Community Development Block Grant Program-Recovery (CDBG-R).
The main purpose of the funds is to maximize job creation and provide economic benefits by preserving and creating jobs and
promoting economic recovery; assisting those most impacted by the recession; providing investment needed to economic efficiency;
investing in transportation, environmental protection, or other infrastructure that will provide long-term benefits; minimizing or
avoiding reductions in essential services; or fostering energy independence.
To meet these mandates, we are recommending funding for the following projects:
General Program Administration – Provide funding in the amount of $25,154 for administration costs to implement the
program.
East Gateway District Façade and Building Lot Improvement Program - Provide funding in the amount of $80,000 for loans
to for-profit business owners to improve the building facades of their buildings in the East Gateway Neighborhood Revitalization
Strategy Area.
East Gateway Sidewalk Improvement Project – Provide funding in the amount of $146,395 to install or improve the
sidewalks in the East Gateway Neighborhood Revitalization Strategy Area.
The Act further requires the funds to be committed to projects by November 20, 2009 and expended by September 30, 2012. Placing
emphasis on projects in the East Gateway Neighborhood Revitalization Strategy Area allows to city to meet the obligation outlined in
the recently adopted strategic plan and show HUD the city’s commitment to revitalizing the area. It will also allow the city to meet the
commitment timeline mandate.
A third quarter budget amendment will establish three projects to recognize the HUD grant.
Type:Other
Current Year Budget?:No Budget Adjustment:Yes
Budget Adjustment Comments:
A third quarter budget amendment will establish the following: 181-99627 CDBG-R East Gateway Facade Improvement 181-99628
CDBG-R East Gateway Sidewalk Improvement 181-99629 CDBG-R Program Administration
Current Year Cost:Annual Operating Cost:
Not to Exceed:Total Cost:
For Fiscal Year: to
Appropriation Code Amount Appropriation Comment
181-99627 80,000 Grant for EG Facade Improvement
181-99628 146,395 Grant for EG Sidewalks
Cover Memo
181-99629 25,154 Grant for administration
Review
Approval:
1) Financial Services 2) Office of Management and Budget 3) Clerk 4) Assistant City Manager ED 5) Clerk 6) City
Manager 7) Clerk
Cover Memo
Work Session
Council Chambers - City Hall
Meeting Date:6/1/2009
SUBJECT / RECOMMENDATION:
Approve waiver of existing City liens in the amount of $16,863.11 associated with the demolition and lot clearing that occurred in 1995
and 1996 for the properties located at 1007 and 1009 LaSalle Street. (Legal description: GREENWOOD MANOR, LOT 9 and 10).
Owner: Mt. Carmel Community Development Corporation of Clearwater, Inc., 1014 Pennsylvania Avenue, Clearwater, Florida.
(consent)
SUMMARY:
Mt. Carmel Community Development Corporation (MCCDC) is requesting the waiver of three liens for the purpose of selling a new
construction home to a first-time homebuyer that qualifies under the City’s extremely low-income category. MCCDC was designated as
a Community Housing Development Organization on December 5, 2002. On January 3, 2003, MCCDC purchased Greenwood Manor
Lots 9 and 10 located on LaSalle Street from Pinellas County through the purchase of tax certificates. The original purpose in 2003 was
to build a two-story, 12-unit senior housing facility. After discovering problems with available parking and rising construction costs,
these plans were no longer feasible. A new plan was developed in 2004 to build single-family homes on the adjoining lots. The homes
were completed in September of 2006. One of the homes was immediately sold in November of 2006. The home on 1007 LaSalle Street
has remained vacant with no activity since the original construction date. 1009 LaSalle is a vacant lot.
In March of 2009, a qualified applicant came forward with an offer to purchase the home. The prospective homebuyer meets the City’s
criteria as an extremely low-income candidate. The homebuyer will be receiving gift funds from a family member to cover the full cost
of the $134,000.00 purchase price. As a result, the City of Clearwater will not be obligated to provide any additional funds for down
payment or closing cost assistance.
The City Commission approved in 2002 a policy that allows for waivers of liens for lot clearing, demolition and nuisance abatement for
creating affordable housing. In anticipation of a sale of the home, on August 17, 2006, staff brought forward and council approved the
waiver of interest and penalties associated with two liens on these properties.
Due to extreme shifts in the housing market, the home was not sold and subsequently, the appraised value of the property has dropped
significantly below the acquisition and construction costs of the home when it was completed in 2006. In summary, the City provided
funding to MCCDC for the acquisition and the construction costs totaling $119,602. Additionally, the City provided $4,088 for the
acquisition of the adjoining Lot 10. The total contract price for Lots 9 and 10 is $134,000.00. The acquisition and construction costs
were provided by the City’s federal HOME Program and SHIP funds. The City of Clearwater will realize $10,310.00 as net proceeds
from the sale of these properties. This funding will be considered program income for the City’s housing programs and immediately
available for affordable housing programs. It is against federal guidelines to utilize these funds to pay municipal liens, interest or
penalties associated with the property.
Staff is recommending the full waiver of the three liens including interest and penalties in the amount of $16,863.11. This would include
lien MHC-137 in the amount of $15,901.00 for demolition, lien M-1358 in the amount of $275.00 for lot clearing, and lien M-1464 in
the amount of $325.00 plus an additional $362.11 in penalties and interest. Liens are set up as receivables in the General Fund, with an
offsetting amount recorded to deferred revenue. Therefore, waiving the liens will have no impact on revenues or expenditures.
Type:Other
Current Year Budget?:None Budget Adjustment:None
Budget Adjustment Comments:
No funding impact
Current Year Cost:Annual Operating Cost:
Not to Exceed:Total Cost:
For Fiscal Year: to
Cover Memo
Appropriation Code Amount Appropriation Comment
0010-00000-223140 16,863.11
0010-00000-115215 (16,863.11)
Review Approval:1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager ED 5) Clerk 6) City Manager 7) Clerk
Cover Memo
Attachment number 1
Page 1 of 3
Attachment number 1
Page 2 of 3
Attachment number 1
Page 3 of 3
Work Session
Council Chambers - City Hall
Meeting Date:6/1/2009
SUBJECT / RECOMMENDATION:
Reappoint Mr. Rick G. Stucker to a two-year term as a Trustee of the Clearwater Firefighters’ Supplemental Trust Fund in accordance
with Sec. 175.061 of the Florida State Statutes. (consent)
SUMMARY:
The Clearwater Firefighters’ Supplemental Trust Fund is the recipient of monies obtained by the State of Florida from Insurance
companies doing business within the community. These monies are required to be administered by a Board of Trustees whose
composition must consist of two legal residents of the City appointed by the City Council; two City firefighters elected by the
firefighters; and a fifth member chosen by a majority of the other four members and submitted to the City Council for appointment. The
Board of Trustees is solely responsible for administration of the trust fund.
The state law allows trustees to succeed themselves as board members. This legal resident, City Council appointed seat will become
open July 1, 2009. Mr. Stucker has indicated his willingness to serve another term. Mr. Stucker is a city resident, and a local business
owner with an insurance background.
Once approved, Mr. Rick Stucker is to serve a new, two-year term as a trustee to the seat for the period of July 1, 2009 through June 30,
2011.
Type:Other
Current Year Budget?:None Budget Adjustment:None
Budget Adjustment Comments:
Current Year Cost:Annual Operating Cost:
Not to Exceed:Total Cost:
For Fiscal Year: to
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
Work Session
Council Chambers - City Hall
Meeting Date:6/1/2009
SUBJECT / RECOMMENDATION:
Approve a 5-year Revocable License Agreement from July 1, 2009 through June 30, 2014, between the City of Clearwater and Sunsets
at Pier 60 Society, Inc. to provide a nightly festival at Pier 60 Park to promote tourism to Clearwater and Clearwater Beach and
authorize the appropriate officials to execute same. (consent)
SUMMARY:
Sunsets at Pier 60 Society, Inc. (Agency), entered into a trial agreement with the City on March 2, 1995 to provide the nightly festival
known as “Sunsets at Pier 60”. The event met with great success and the Agency has been providing the festival for the past 13 years.
The original agreement with the Agency is outdated and a new formal agreement is needed to protect the interest of the City as well as
the Agency.
Weather permitting the Agency will be responsible to provide a nightly Festival at Pier 60 Park from 2 hours before sunset until 2 hours
after sunset. The Festival may include activities such as arts and crafts vendors, music, concerts, dance, entertainers and special events
and activities.
The new agreement spells out the appropriate uses of Pier 60 and Pier 60 Park as well as the maintenance and insurance requirements of
the Agency. One of the new requirements is to prohibit as a part of the Festival all animal acts. This was necessary due to the additional
management and liability issues necessary to continue these acts.
The City will provide the following funding and in-kind services:
An operational grant of $23,870 has been provided for FY 2008/09. Grants for future years are subject to annual budget approval by
the City Council. Parks & Recreation Department is recommending a 10% reduction in this grant for FY 2009/10 by $2,390 to
$21,480, from the parking fund.
Beach, lawn and landscape maintenance for all areas on and around Pier 60 and Pier 60 Park.
Maintenance for all major capital components of Pier 60 and Pier 60 Park.
Use of existing furnishings on site, i.e. chairs, tables, PA system etc.
Type:Operating Expenditure
Current Year Budget?:Yes Budget Adjustment:No
Budget Adjustment Comments:
Current Year Cost:$21,480 Annual Operating Cost:$21,480
Not to Exceed:$21,480 Total Cost:$21,480
For Fiscal Year:2009 to 2010
Appropriation Code Amount Appropriation Comment
0-435-01333-581000-545-
0000
$21,480For FY 2009/10 if approved by Council
Cover Memo
Bid Required?:No Bid Number:
Other Bid / Contract:Bid Exceptions:None
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
1
REVOCABLE LICENSE AGREEMENT
This License 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 Sunsets at Pier 60 Society, Inc., d/b/a Sunsets at Pier 60
Day Festival, whose address is: P.O. Box 3595, Clearwater, FL 33767, hereinafter referred to as
the Agency.
WHEREAS, it has been determined that for the past 13 years the Agency has provided a
valuable service to the City by promoting tourism on Clearwater Beach through its nightly
festival (“Festival”) known as “Sunsets at Pier 60”; and
WHEREAS, the City desires to continue this partnership of providing a revocable license for a
portion of Pier 60 and Pier 60 Park for the Festival; and
WHEREAS, the City and Agency entered into an agreement on March 2, 1995, providing the
Festival on an ongoing basis, which can be terminated in writing by either party; and
WHEREAS, the City and Agency agree that the original agreement is now outdated and a new
more formal Agreement should be entered into to protect the interest of the City as well as the
Agency; and
NOW, THEREFORE, the parties agree as follows:
ARTICLE I. TERM
1. Term: The agreement dated March 2, 1995 shall be revoked and replaced upon adoption of
this agreement (“License Agreement” or “Agreement”) as of the date of full execution by the
parties. The term of this Agreement shall be for a period of 5 years commencing on the 1st day
of July, 2009 and continuing through the 30th day of June, 2014 (“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 for one (1) additional period of five (5) years, on the same terms and conditions as are set
forth herein.
ARTICLE II. RESPONSIBILITIES OF THE AGENCY
1. Services to be Provided: Weather permitting, the Agency shall provide a Festival at Pier
60 Park to promote tourism to Clearwater and Clearwater Beach.
a) Programs: The Agency shall provide a nightly Festival at Pier 60 Park by
providing activities such as:
i) Arts and Crafts Vendors
ii) Entertainment (music, concerts, dance, etc.)
Attachment number 1
Page 1 of 7
2
iii) Entertainers
iv) Special event shows/activities
b) Assistance to the Community: The Agency will maintain communication and
interaction with the surrounding community in regard to the type of entertainment
provided, noise, special activities to promote the neighborhood, etc.
c) Assistance to the City: Provide Agency personnel and volunteers to coordinate
and operate all functions of the Festival at Pier 60.
d) Hours and Days of Operation: Weather permitting, the Agency will provide
“Sunsets at Pier 60” 7 days a week for approximately 2 hours before until 2 hours
after sunset (four hours per day).
2. Use of Pier 60 and Pier 60 Park:
a) No Illegal Use: The Agency promises and agrees that it will abide by law and
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 Pier 60 and Pier 60 Park and
those adjacent areas used by the Agency.
b) Rules for Use: Rules and regulations governing the Festival activities, may be
established by the Agency, providing they are not in conflict or inconsistent with
the ordinances, policies or operating rules of the City, other applicable law or of
this Agreement. Animal acts are prohibited as a part of the Festival under this
Agreement. Such rules and regulations developed by this Agency may provide for
and allow reasonable vendor fees to be retained by the Agency.
c) Inspection by City: The Agency understands and agrees that the Festival
premises may be entered and inspected at any time by the City’s officers, agents
and employees.
d) General Adherence to City Ordinances: Notwithstanding any limitations
implied by the provisions above, the Agency promises to observe all City
ordinances.
e) Signage: The Agency may place an identification sign advertising the Festival in
Pier 60 Park according to City codes with prior written approval from the City at
the Agency’s expense.
f) Structure: No permanent alterations or improvements to the Pier or Park may be
made without the written consent of the City. Any permanent structural additions
approved by the City will become City property.
Attachment number 1
Page 2 of 7
3
3. Maintenance of the Premises by the Agency.
a) Custodial Maintenance: During the times of the event and when the event is
being held the Agency shall maintain the area used by the Festival in a clean and
orderly condition.
b) Repair of Damage: The Agency understands and agrees that it is responsible for
and will cause to be repaired at the Agency’s expense damage to the premises as a
result of its occupancy other than normal wear and tear or vandalism.
4. Payment for all Operating Expenses:
a) The Agency is responsible to pay all operating expenses associated with the
Festival including salaries, utilities, custodial supplies, operating supplies,
entertainment contracts, advertising, refuse collection, etc.
b) The City will provide maintenance through its Parks and Recreation and Building
and Maintenance Departments for all major capital components of the Pier and
Park including painting, plumbing, electrical, concrete repairs, piling and deck
repair, etc. The City shall have sole discretion in determining the scheduling and
extent of capital maintenance projects.
5. Payment of Fees and Taxes: The Agency shall obtain all required licenses at its own
expense and shall pay all required taxes required by law, necessary to the Agency’s
operation at Pier 60 and Pier 60 Park, including but not limited to any ad valorem real
property taxes, sales taxes and personal property that may be assessed against the
premises during the term of this Agreement.
6. 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 as an example the
type of vendors displaying goods, the type of activities, programs offered, etc.
7. Creation, Use, and Maintenance of Financial Records:
a) Creation of Records: Agency shall create and maintain financial and accounting
records, books, documents, policies, practices, procedures and any information
necessary to reflect fully the financial activities of the Agency. Such records shall
be available and accessible at all times for inspection, review, or audit by
authorized City representatives and shall produce such records as required by law.
Attachment number 1
Page 3 of 7
4
b) Use of Records: Agency shall produce such reports and analyses that may be
required by the City to document the proper and prudent stewardship and use of
the facilities and any cash funds donated to this cause.
c) Maintenance of Records: All records created hereby are to be retained and
maintained for a period not less than five (5) years, or as required by law.
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, as required by law.
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 (3) copies of any publication developed in connection with implementation of
programs addressed by this Agreement. Such publications will state that the program is
supported by 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. 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 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.
Attachment number 1
Page 4 of 7
5
11. Insurance: The Agency shall procure at its expense and maintain during the term of this
Agreement insurance as shown below:
a) A Comprehensive General Liability policy covering claims for injuries to persons
or damage to property which may arise from or in connection with use of Pier 60
or Pier 60 Park premises by the Agency including all activities occurring thereon.
b) An Automobile Liability Policy covering claims for injuries to persons or damage
to property that arise from or in connection with use of a motor vehicle owned by
the Agency.
c) Insurance procured in accordance with Sections 11 (a) and (b) shall have
minimum coverage limits of $1,000,000.
d) Each insurance policy issued as a requirement of this Agreement shall name the
City of Clearwater as an additional named insured. The coverage shall contain no
special limitations on the scope of protection afforded to the City, its officials,
employees, agents or volunteers.
e) Worker’s Compensation. Coverage shall apply for all employees in an amount at
least equal to the statutory limits of coverage according to applicable State and
Federal laws. In addition, the policy shall include employer’s liability coverage
with a limit of $500,000 per occurrence.
f) The Agency shall furnish the City with Certificate(s) of Insurance with all
endorsements affecting coverage required by this section. These forms shall be
received and approved by the Parks and Recreation Director before execution of
this Agreement by authorized City officials. The Agency shall provide a copy of
any or all insurance policies upon request by the City. All policies of insurance
must be endorsed to provide the City with thirty (30) days’ notice of cancellation
or restriction.
ARTICLE III. RESPONSIBILITIES OF THE CITY
1. Grant of Funds: The City, for the 2008/2009 budget year, has provided a grant of
$23,870 to the Agency to assist in funding Agency activities and expenses as identified in
this Agreement. Grants for future years of this Agreement are subject to annual budget
approval by the City Council.
2. Grant of In-Kind Services:
a) The City agrees to provide beach, lawn and landscape maintenance services for all
areas on Pier 60 and surrounding park property at the City’s discretion and as
annual budgets allow.
Attachment number 1
Page 5 of 7
6
b) The City will provide maintenance through its Building and Maintenance and
Parks and Recreation Departments for all major capital components of the Pier
and Pier 60 Park. The City shall have sole discretion in determining the
scheduling and extent of capital maintenance projects.
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.
d) The City will allow the Agency to use an agreed upon inventory of existing
furnishings remaining on site i.e. chairs, tables, etc. Agency will be responsible
for maintenance and replacement of items if needed.
3. City Liaison: The Recreation Special Events 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/ASSIGNMENT
1. With or Without Cause: Either party may terminate this Agreement by providing
fifteen (15) days written notice to the other party.
2. 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
fifteen (15) 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.
3. This Agreement is not assignable. Any attempt to assign this Agreement shall render
this Agreement immediately null and void in its entirety.
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.
Attachment number 1
Page 6 of 7
7
1. 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 to Agency, addressed to Sunsets at Pier 60 Society, Inc., President (title),
______________________________________________________(address).
ARTICLE VII. EFFECTIVE DATE
The effective date of this Agreement shall be as of the _____ day of _________ 2009.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals this _______day of
______________________, 2009.
Countersigned: CITY OF CLEARWATER, FLORIDA
____________________________ By: ________________________
Frank V. Hibbard William B. Horne, II
Mayor City Manager
Approved as to form: Attest:
__________________________________ ______________________________
Laura Mahony Cynthia E. Goudeau
Assistant City Attorney City Clerk
SUNSETS AT PIER 60 SOCIETY, INC.
By: _______________________________
Printed Name: ___________________
Chief Executive Officer
Attachment number 1
Page 7 of 7
Work Session
Council Chambers - City Hall
Meeting Date:6/1/2009
SUBJECT / RECOMMENDATION:
Approve amending Section 22.24(2) of the City of Clearwater Code of Ordinances to change the hours of operation for Mandalay Park
from “Closed from 11:00 p.m. until 6:00 a.m.” to “Closed from Sunset until Sunrise” and pass Ordinance 8069-09 on first reading.
SUMMARY:
On February 3, 2005, Ordinance 7376-05 was approved at second reading to 1) regulate hours of operation for parks; 2) prohibit
trespassing on parks; and 3) allow the posting of a sign to inform the public of said hours.
Ordinance 7376-05 amended Section 22.24 by adding the hours of operation for each City park in the Code of Ordinances; requiring at
least one prominently posted sign be installed at each park stating the hours of operation; and providing an exception to the closing
hours which would allow a permit to be issued by the Department or the City Manger.
The Ordinance provided a tool that City law enforcement officers use to more effectively patrol City parks and enforce the hours of
operation at each park. It reduced the number of persons trespassing on park property after closing hours and reduces some of the
vandalism that occurs during these times. This requested hours change was provided from the Police Department after numerous after
hour problems.
Mandalay Park is now open until 11:00 p.m., but does not have lighting and due to tree cover, is completely dark. Due to these
conditions, it is becoming an area for illicit activity. Ordinance 8069-09 changes the hours that Mandalay Park is to be closed from
sunset until sunrise, to deter the illicit activity at the park.
Review Approval:1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk
Cover Memo
Ordinance No. 8069-09
ORDINANCE NO. 8069-09
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, RELATING TO PARKS; AMENDING CHAPTER
22, PARKS, BEACHES, RECREATION, ARTICLE II, USE
REGULATIONS, SECTION 22.24(2), MODIFYING PARK
HOURS FOR MANDALAY PARK; 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, relating to the hours of operation for city parks 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, Section 22.24 of the Code of Ordinances, City of
Clearwater, Florida, is hereby amended to read as follows:
Chapter 22
Parks, Beaches, Recreation*
* * *
Article II. Use Regulations*
* * *
(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
Attachment number 1
Page 1 of 5
Ordinance No. 8069-09
6 CHARLES PARK
7 CHARTER OAKS
8 LAKE CHAUTAUQUA PARK
9 CHAUTAUQUA PARK NORTH (Enterprise Rd.)
10 CHAUTAUQUA PARK SOUTH
11 CHERRY HARRIS PARK
12 CLIFF STEPHENS PARK
13 COOPERS BAYOU PARK
14 COUNTRY HOLLOW PARK
15 CYPRESS BEND PARK
16 CYPRESS POINT PARK
17 D.D. DAVIS PARK
18 DREW PLAZA
19 GARDEN AVENUE PARK
20 GLEN OAKS PARK
21 GLENWOOD PARK
22 HARDING PLAZA
23 HIBISCUS LAKE
24 HILLCREST PARK
25 LAKE HOBART SOUTH
26 LAKE LUCILLE
27 MANDALAY PARK
27 28 NO. GREENWOOD REC/AQUATIC COMPLEX PLAYGROUND
28 29 NORTHEAST COACHMAN PARK
29 30 NORTHWOOD PARK
30 31 OVERBROOK PARK
31 32 SALLS LAKE 1 & 2
32 33 SOULE ROAD PARK
33 34 SPRING LAKE PARK
34 35 STATE STREET PARK
Attachment number 1
Page 2 of 5
Ordinance No. 8069-09
35 36 STATION SQUARE PARK
36 37 SUNSET POINT ROAD PLAYFIELD
37 38 TERRACE LAKE
38 39 TOWN PLACE PARK
2. CLOSED FROM 9:00 PM UNTIL 6:00 AM:
39 40 COACHMAN PARK
40 41 COURTNEY CAMPBELL RECREATION AREA
41 42 COUNTRYSIDE LIBRARY PLAYGROUND
42 43 MAGNOLIA STREET DOCK
43 44 MEMORIAL PARKS 1 & 2
44 45 MORNINGSIDE RECREATION COMPLEX
45 46 NO. GREENWOOD REC. & AQUATIC COMPLEX
46 47 PROSPECT LAKE PARK
47 48 ROSS NORTON COMPLEX & ED WRIGHT PARK
48 49 TURNER STREET DOCK
49 50 WOOD VALLEY RECREATION CENTER
3. CLOSED FROM 10:00 PM UNTIL 6:00 AM:
50 51 BAYFRONT TENNIS COMPLEX
51 52 BELMONT PARK
52 53 CLW. BEACH FAMILY AQUATIC & REC. CMPLX.
53 54 COACHMAN RIDGE PARK
54 55 COUNTRYSIDE COMMUNITY PARK
55 56 DEL ORO PARK (Trail: Sunrise to Sunset)
56 57 FRANK TACK PARK
57 58 MARYMONT PARK
58 59 MONTCLAIR PARK
59 60 PLAZA PARK
60 61 SID LICKTON PARK & FRED COURNOYER CT.
61 62 SUNSET SAM PARK AT ISLAND ESTATES
62 63 U.S. 19 SOCCER PRACTICE FIELDS
Attachment number 1
Page 3 of 5
Ordinance No. 8069-09
63 64 VALENCIA PARK
4. CLOSED FROM 11:00 PM UNTIL 6:00 AM:
64 65 CREST LAKE PARK
65 66 EDGEWATER DRIVE PARK
66 67 FOREST RUN PARK
67 68 JOE DIMAGGIO COMPLEX
68 69 LONG CENTER
69 MANDALAY PARK
70 McKAY PLAYFIELD
71 PIER 60 PARK
72 WOODGATE PARK
5. OPEN 24 HOURS PER DAY:
73 CLEARWATER BEACH
74 MEMORIAL CAUSEWAY
75 SAND KEY BAYSIDE PARK
76 SEMINOLE DOCKS
6. OPEN FOR SCHEDULED PROGRAMMING ONLY:
77 CARPENTER FIELD
78 COOPERS POINT NATURE PARK
79 COUNTRYSIDE SPORTS COMPLEX
80 DAVID MARTIN SOCCER FIELDS
81 E. C. MOORE COMPLEX (1-9)
82 HENRY L. MCMULLEN TENNIS COMPLEX
83 LAWN BOWLS & SHUFFLEBOARD COMPLEX
84 MISSOURI AVE. (DOT)
85 MOCCASIN LAKE NATURE PARK
86 PHILLIP JONES PARK
CITY OWNED PROPERTIES- LEASED TO OTHERS (Hours of operation
established by Lessee):
87 BRIGHTHOUSE NETWORK FIELD
88 CHI-CHI RODRIGUEZ GOLF COURSE
Attachment number 1
Page 4 of 5
Ordinance No. 8069-09
89 CLEARWATER COUNTRY CLUB
90 CLEARWATER EXECUTIVE GOLF COURSE
91 HARBORVIEW CENTER
92 HOLT AVE. PROPERTY
93 JACK RUSSELL STADIUM
94 KINGS HIGHWAY RECREATION CENTER
95 MARTIN LUTHER KING RECREATION CENTER
96 PERFORMING ART CENTER & THEATER (PACT)
97 SAILING CENTER
* * *
Section 2. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING _____________________
PASSED ON SECOND AND FINAL _____________________
READING AND ADOPTED
__________________________
Frank V. Hibbard
Mayor
Approved as to form: Attest:
________________________ __________________________
Laura Mahony Cynthia E. Goudeau
Assistant City Attorney City Clerk
Attachment number 1
Page 5 of 5
Work Session
Council Chambers - City Hall
Meeting Date:6/1/2009
SUBJECT / RECOMMENDATION:
Approve a 1-year Partnership and Operational Support Agreement from June 1, 2009 through May 31, 2010, between the City of
Clearwater and Clearwater Horseshoe Club, Clearwater Lawn Bowls Club and Clearwater Shuffleboard Club (Clubs), for the use and
supervision of certain City owned buildings and facilities and authorize the appropriate officials to execute same. (consent)
SUMMARY:
· The Clearwater Lawn Bowls and Shuffleboard Clubs have been active in Clearwater for over 50 years currently operating out of
the Complex at the corner of Alternate19 and Calumet Street; while the Horseshoe Club has offered programs at Ed Wright Park for
over 30 years.
· All three of these adult groups continue to provide recreational opportunities to the citizens of Clearwater in their specific
specialty i.e. Lawn Bowls, Shuffleboard and Horseshoes.
· In addition to offering open sessions, providing lessons, conducting tournaments and providing social activities for their
participants they have provided the supervision and general maintenance of the buildings and facilities assigned to each group.
· Currently, each group signs an annual co-sponsor agreement for the use of the facilities and programming of same. The template
for these agreements was approved by the Council and were originally designed to cover primarily the youth groups operating in
Clearwater.
· Staff has recognized that these adult groups contribute in ways different than the youth groups primarily in the area of supervising
and maintaining a building owned by the City of Clearwater. All other agencies managing public facilities are required to enter into a
separate partnership and operational support agreement. Therefore, staff is recommending that the City enter into separate agreements
with the Lawn Bowls Club, Shuffleboard Club and Horseshoe Club.
· The agreements with each group are similar with the only change being what services each provides and the person(s) entering
into the agreements.
· The groups’ primary mission is to provide programs including supervision and maintenance to meet the recreational needs of the
public including the residents of Clearwater. The City will continue to provide maintenance of the grounds, and provide capital building
and maintenance service to the buildings. In turn, these groups will not be required to meet the resident/non-resident card
requirements.
· If the Council approves these agreements there will be an annual net savings of $58,810 to the general fund budget.
· Each group is required to provide an annual report of activities consisting of the number of clients served, costs of such service,
commentary on the viability, effectiveness, and trends affecting the program and success of same.
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
1
HORSESHOE FACILITY USE AGREEMENT
This Partnership and Operational Support 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, (“City”), and Clearwater Horseshoe Club,
Inc., whose address is 1326 S. Martin Luther King Jr. Avenue, Clearwater, FL 33756
(“Club”).
WHEREAS, it has been determined to be highly desirable and socially responsible to
provide activities and facilities to meet the needs of adults; and
WHEREAS, the City desires to provide programs and activities as a means to help
adults; and
WHEREAS, the City has recognized the need for adult programs as supported by the
Parks and Recreation Master Plan; and
WHEREAS, the Club has proposed to provide adult recreational experiences for local
residents as described herein; and
WHEREAS, the City owns the Horseshoe Complex and in specific the horseshoe pits
and clubhouse (“Center”), located at Ed Wright Park, 1326 S. Martin Luther King Jr.
Avenue, Clearwater, and
WHEREAS, the Club desires to continue its partnership with the City in providing adult
programs by running the day to day operations and offering programs at the Center;
and
NOW, THEREFORE, the parties agree as follows:
ARTICLE I. TERM
1. Term: The term of this agreement shall be for a period of one (1) year commencing
on the 1st day of October, 2009 and continuing through the 30th day of September,
2010 (“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 for five (5) additional periods of one (1) year, on the same terms and
conditions as are set forth herein.
ARTICLE II. RESPONSIBLITIES OF THE CLUB
1. Services to be Provided: One of the Club’s goals shall be to provide programs to
meet the recreational needs of the horseshoe community.
Attachment number 1
Page 1 of 8
2
a) Programs: The Club will provide for the supervision, maintenance and
programming of the facility described in this agreement. Some of the
programs to be provided are as follows:
i) Open horseshoe sessions
ii) Provide lessons and training for new horseshoe participants
iii) Conduct tournaments
iv) Provide social activities for participants
b) Assistance to the Community: The Club will maintain communication
and interaction with the surrounding community through such avenues as:
i) Facilitation and support of community meetings and activities
ii) Facilitation and support for use of center as a voting site, if needed
The Club may collect reasonable fees to cover any direct expenses
associated with accommodating these requests.
c) Assistance to the City: Provide Club personnel and volunteers to
operate and provide programs at the Center.
d) Hours of Operation: The Club will provide programs and activities at the
Center on a daily basis (Monday - Friday) and establish regular operating
hours for a minimum of 20 hours per week, in season.
2. Area to be Served: Services rendered through this agreement shall be related to
Horseshoe activities and 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
viable and successful.
3. Use of Horseshoe Facility.
a) No Illegal Use: The Club promises and agrees that they will make or
allow no unlawful, improper or offensive use of the premises. Further, the
Club 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 Club.
b) Rules for Use: Rules and regulations governing the use of the Center
may be established by the Club, providing they are not in conflict or
inconsistent with the ordinances, policies or operating rules of the City or
of this agreement. Such rules and regulations developed by this Club may
provide for and allow reasonable user fees to be retained by the Club.
Attachment number 1
Page 2 of 8
3
c) Inspection by City: The Club understands and agrees that the Center
premises may be entered and inspected at any time by the City’s officers,
agents and employees. The City shall make its best effort to notify the
Club at least 24 hours prior to any inspections but may enter the Center at
any time in its sole discretion.
d) General Adherence to City Ordinances: Notwithstanding any limitations
implied by the provisions above, the Club promises to observe all City
ordinances.
e) Signage: The Club may place an identification sign on the Center or in
the park according to City codes with approval from the City at the Club’s
expense.
f) Structure: No permanent alterations or improvements to the interior or
exterior of the building may be made without the written consent of the
City. Any permanent structural additions approved by the City will become
City property.
g) Assignment: This Agreement is not assignable. Any attempt to assign
the rights under this Agreement, or any portion thereof shall result in
automatic termination and render this Agreement null and voice in all
respects.
4. Maintenance of the Premises by the Club.
a) Custodial Maintenance: The Club shall maintain the Center and
adjacent areas used by the Club in a clean and orderly condition.
b) Repair of Damage: The Club understands and agrees that it is
responsible for and will cause to be repaired at the Club’s expense
damage to the premises as a result of their occupancy other than normal
wear and tear or vandalism.
5. Payment for all operating expenses:
a) The Club is responsible to pay all operating expenses associated with the
Center and its programs, except those specifically identified under Article
III, Section 2.
b) The City will provide maintenance through its Building and Maintenance
Department for all major capital components of the building including, but
not limited to, air conditioners, roof, painting, plumbing, electrical. The
City shall have sole discretion in determining the scheduling and extent of
capital maintenance projects.
Attachment number 1
Page 3 of 8
4
c) The Club has remitted to the City $808.92, which is considered payment in
full for all outstanding user fees the Club currently owes the City.
6. Scheduled Reports of Club Activities:
a) The Club 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 Club’s fiscal year. Each
report is to identify the number of clients served, the type of activities,
programs offered and costs of such services.
b) The Club agrees to submit progress reports and other information in such
format and at such times as may be prescribed by the City, and to
cooperate in site visits and other on-site monitoring (including, but not
limited to, access to sites, staff, fiscal and client records, and logs and the
provision of related information).
7. Creation, Use, and Maintenance of Financial Records:
a) Creation of Records: The Club shall create and maintain financial and
accounting records, books, documents, policies, practices, procedures
and any information necessary to reflect fully the financial activities of the
Club. Such records shall be available and accessible at all times for
inspection, review, or audit by authorized City representatives and shall
produce such records as required by law.
b) Use of Records: The Club shall produce such reports and analyses that
may be required by the City to document the proper and prudent
stewardship and use of the facilities.
c) Maintenance of Records: All records created hereby are to be retained
and maintained for a period of not less than five (5) years.
8. Management Letter: Within ninety (90) days of the close if its fiscal year, the Club
agrees to submit to the City a management letter detailing the officers of the Club, by-
laws and/or rules of the Club and identify fees and donations, and expenditures by the
Club.
9. Non-discrimination: Notwithstanding any other provisions of this agreement during
the term of this agreement, the Club for itself, agents and representatives, as part of the
consideration for this agreement, does covenant and agree that:
a) Non-discrimination: The Club 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
Attachment number 1
Page 4 of 8
5
of the provider. The Club agrees to maintain reasonable accommodation
and access for handicapped persons as required by law.
b) Inclusion in Sub-Contracts: The Club agrees to include the
requirements to adhere to Title VI and Title VII of the Civil Rights Act of
1964 in all approved sub-contracts.
c) Breach of Non-discrimination 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.
10. Publicizing of City Support: The Club agrees to utilize every reasonable
opportunity to publicize the support received from the City. The Club further agrees to
supply the City up to three (3) copies of any publication developed in connection with
implementation of programs by this agreement. Such publications will state that the
program is supported by the City.
11. Liability and Indemnification: The Club 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 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 Club’s activities or those of any
approved or unapproved invitee, contractor, subcontractor, or other person approved,
authorized, or permitted by the Club in or about the 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.
12. Insurance: The Club agrees that it will indemnify and save the City harmless on
account of the negligent acts of Club staff, volunteers or agents or on account of any
unsafe condition that may exist as a result of the negligent operation by Club staff,
volunteers or agents of the facilities. The Club 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 Club in the amount of at least $1,000,000,
providing Bodily Injury Liability and Property Damage Liability.
Attachment number 1
Page 5 of 8
6
c) Worker’s Compensation Insurance applicable to its employees, if any, for
statutory coverage limits in compliance with Florida laws.
d) Personal Property - The City shall not insure or self-insure loss to personal
property of Club. Club understands that it is solely responsible for such losses
regardless of cause.
e) Certificates of insurance showing coverage as provided above will be provided to
the City by October 1st for each year agreement is in force.
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
1. Grant of Funds:
a) The City will not be providing any monetary funding as part of this
Agreement.
2. Grant of In-Kind Services:
a) The City agrees to provide lawn and landscape maintenance services for
all areas in the park and around the Center as annual budgets allow.
b) The City will provide maintenance through its Building and Maintenance
Department for all major capital components of the building including, but
not limited to, air conditioners, roof, painting, plumbing, electrical. The
City shall have sole discretion in determining the scheduling and extent of
capital maintenance projects.
c) The City will allow the Club to use an agreed upon inventory of existing
furnishings, remaining on site i.e. chairs, tables, file cabinets, and desks.
The Club will be responsible for maintenance and replacement of items if
needed.
Attachment number 1
Page 6 of 8
7
d) The City will not provide any other additional in-kind services, supplies,
labor or equipment whether on loan or for consumption to the Club.
3. City Liaison: The Recreation Programming Division of the City of Clearwater will
serve as the City Liaison for the Club.
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
1. With or Without Cause: Either Party may terminate this Agreement with thirty (30)
days written notice without any further obligation. The City may terminate this
Agreement immediately for failure to adhere to any of the provisions of this Agreement
as determined by the City in its sole discretion. Upon such termination, the Club shall
remit to the City all monies due hereunder within fifteen (15) days.
2. 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
ninety (90) 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 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 provision 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.
1. 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 to Club, addressed to Charles Johnston, 1940 Algonquin Drive, Clearwater, FL
33755.
ARTICLE VII. EFFECTIVE DATE
Attachment number 1
Page 7 of 8
8
The effective date of this agreement shall be as of the ______ day of ____________,
20____.
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: Attest:
______________________________ ________________________________
Laura Lipowski Cyndie E. Goudeau
Assistant City Attorney City Clerk
Clearwater Horseshoe Club, Inc.
By: ___________________________
Printed Name: _______________
Chief Executive Officer/President of Club
Attachment number 1
Page 8 of 8
1
SHUFFLEBOARD FACILITY USE AGREEMENT
This Partnership and Operational Support 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, (“City”), and Clearwater Shuffleboard
Club, Inc., whose address is: 1020 Calumet Street, Clearwater, FL 33755 (“Club”).
WHEREAS, it has been determined to be highly desirable and socially responsible to
provide activities and facilities to meet the needs of adults; and
WHEREAS, the City desires to provide programs and activities as a means to help
adults; and
WHEREAS, the City has recognized the need for adult programs as supported by the
Parks and Recreation Master Plan; and
WHEREAS, the Club has proposed to provide adult recreational experiences for local
residents as described herein; and
WHEREAS, the City owns the Shuffleboard Complex and in specific the shuffleboard
courts and clubhouse (“Center”), located at 1020 Calumet, Clearwater, and
WHEREAS, the Club desires to continue its partnership with the City in providing adult
programs by running the day to day operations and offering programs at the Center;
and
NOW, THEREFORE, the parties agree as follows:
ARTICLE I. TERM
1. Term: The term of this agreement shall be for a period of one (1) year commencing
on the 1st day of October, 2009 and continuing through the 30th day of September,
2010 (“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 for five (5) additional periods of one (1) year, on the same terms and
conditions as are set forth herein.
ARTICLE II. RESPONSIBLITIES OF THE CLUB
1. Services to be Provided: One of the Club’s goals shall be to provide programs to
meet the recreational needs of the shuffleboard community.
a) Programs: The Club will provide for the supervision, maintenance and
programming of the facility described in this agreement. Some of the
programs to be provided are as follows:
Attachment number 2
Page 1 of 8
2
i) Open shuffleboard sessions
ii) Provide lessons and training for new shuffleboard players
iii) Conduct tournaments
iv) Provide social activities for participants
b) Assistance to the Community: The Club will maintain communication
and interaction with the surrounding community through such avenues as:
i) Facilitation and support of community meetings and activities
ii) Facilitation and support for use of center as a voting site, if needed
The Club may collect reasonable fees to cover any direct expenses
associated with accommodating these requests.
c) Assistance to the City: Provide Club personnel and volunteers to
operate and provide programs at the Center.
d) Hours of Operation: The Club will provide programs and activities at the
Center on a daily basis (Monday - Friday) and establish regular operating
hours for a minimum of 20 hours per week, in season.
2. Area to be Served: Services rendered through this agreement shall be related to
Shuffleboard activities and 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 viable and successful.
3. Use of Shuffleboard Facility.
a) No Illegal Use: The Club promises and agrees that they will make or
allow no unlawful, improper or offensive use of the premises. Further, the
Club 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 Club.
b) Rules for Use: Rules and regulations governing the use of the Center
may be established by the Club, providing they are not in conflict or
inconsistent with the ordinances, policies or operating rules of the City or
of this agreement. Such rules and regulations developed by this Club may
provide for and allow reasonable user fees to be retained by the Club.
c) Inspection by City: The Club understands and agrees that the Center
premises may be entered and inspected at any time by the City’s officers,
agents and employees. The City shall make its best effort to notify the
Attachment number 2
Page 2 of 8
3
Club at least 24 hours prior to any inspections but may enter the Center at
any time in its sole discretion.
d) General Adherence to City Ordinances: Notwithstanding any limitations
implied by the provisions above, the Club promises to observe all City
ordinances.
e) Signage: The Club may place an identification sign on the Center or in
the park according to City codes with approval from the City at the Club’s
expense.
f) Structure: No permanent alterations or improvements to the interior or
exterior of the building may be made without the written consent of the
City. Any permanent structural additions approved by the City will become
City property.
g) Assignment: This Agreement is not assignable. Any attempt to assign
the rights under this Agreement, or any portion thereof shall result in
automatic termination and render this Agreement null and void in all
respects.
4. Maintenance of the Premises by the Club.
a) Custodial Maintenance: The Club shall maintain the Center and
adjacent areas used by the Club in a clean and orderly condition.
b) Repair of Damage: The Club understands and agrees that it is
responsible for and will cause to be repaired at the Club’s expense
damage to the premises as a result of their occupancy other than normal
wear and tear or vandalism.
5. Payment for all operating expenses:
a) The Club is responsible to pay all operating expenses associated with the
Center and its programs, except those specifically identified under Article
III, Section 2.
b) The City will provide maintenance through its Building and Maintenance
Department for all major capital components of the building including, but
not limited to, air conditioners, roof, painting, plumbing, electrical. The
City shall have sole discretion in determining the scheduling and extent of
capital maintenance projects.
c) The Club has remitted to the City $3,426.50, which is considered payment
in full for all outstanding user fees the Club currently owes the City.
Attachment number 2
Page 3 of 8
4
6. Scheduled Reports of Club Activities:
a) The Club 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 Club’s fiscal year. Each
report is to identify the number of clients served, the type of activities,
programs offered and costs of such services.
b) The Club agrees to submit progress reports and other information in such
format and at such times as may be prescribed by the City, and to
cooperate in site visits and other on-site monitoring (including, but not
limited to, access to sites, staff, fiscal and client records, and logs and the
provision of related information).
7. Creation, Use, and Maintenance of Financial Records:
a) Creation of Records: The Club shall create and maintain financial and
accounting records, books, documents, policies, practices, procedures
and any information necessary to reflect fully the financial activities of the
Club. Such records shall be available and accessible at all times for
inspection, review, or audit by authorized City representatives and shall
produce such records as required by law.
b) Use of Records: The Club shall produce such reports and analyses that
may be required by the City to document the proper and prudent
stewardship and use of the facilities.
c) Maintenance of Records: All records created hereby are to be retained
and maintained for a period of not less than five (5) years.
8. Management Letter: Within ninety (90) days of the close if its fiscal year, the Club
agrees to submit to the City a management letter detailing the officers of the Club, by-
laws and/or rules of the Club and identify fees and donations, and expenditures by the
Club.
9. Non-discrimination: Notwithstanding any other provisions of this agreement during
the term of this agreement, the Club for itself, agents and representatives, as part of the
consideration for this agreement, does covenant and agree that:
a) Non-discrimination: The Club 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. The Club agrees to maintain reasonable accommodation
and access for handicapped persons as required by law.
Attachment number 2
Page 4 of 8
5
b) Inclusion in Sub-Contracts: The Club agrees to include the
requirements to adhere to Title VI and Title VII of the Civil Rights Act of
1964 in all approved sub-contracts.
c) Breach of Non-discrimination 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.
10. Publicizing of City Support: The Club agrees to utilize every reasonable
opportunity to publicize the support received from the City. The Club further agrees to
supply the City up to three (3) copies of any publication developed in connection with
implementation of programs by this agreement. Such publications will state that the
program is supported by the City.
11. Liability and Indemnification: The Club 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 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 Club’s activities or those of any
approved or unapproved invitee, contractor, subcontractor, or other person approved,
authorized, or permitted by the Club in or about the 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.
12. Insurance: The Club agrees that it will indemnify and save the City harmless on
account of the negligent acts of Club staff, volunteers or agents or on account of any
unsafe condition that may exist as a result of the negligent operation by Club staff,
volunteers or agents of the facilities. The Club 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 the Club 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.
Attachment number 2
Page 5 of 8
6
d) Personal Property - The City shall not insure or self-insure loss to personal
property of Club. Club understands that it is solely responsible for such losses
regardless of cause.
e) Certificates of insurance showing coverage as provided above will be provided to
the City by October 1st for each year agreement is in force.
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
1. Grant of Funds:
a) The City will not be providing any monetary funding as part of this
Agreement.
2. Grant of In-Kind Services:
a) The City agrees to provide lawn and landscape maintenance services for
all areas in the park and around the Center as annual budgets allow.
b) The City will provide maintenance through its Building and Maintenance
Department for all major capital components of the building including, but
not limited to, air conditioners, roof, painting, plumbing, electrical. The
City shall have sole discretion in determining the scheduling and extent of
capital maintenance projects.
c) The City will allow the Club to use an agreed upon inventory of existing
furnishings, remaining on site i.e. chairs, tables, file cabinets, and desks.
The Club will be responsible for maintenance and replacement of items if
needed.
d) The City will not provide any other additional in-kind services, supplies,
labor or equipment whether on loan or for consumption to the Club.
Attachment number 2
Page 6 of 8
7
3. City Liaison: The Recreation Programming Division of the City of Clearwater will
serve as the City Liaison for the Club.
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
1. With or Without Cause: Either Party may terminate this Agreement with thirty (30)
days written notice without any further obligation. The City may terminate this
Agreement immediately for failure to adhere to any of the provisions of this Agreement
as determined by the City in its sole discretion. Under such termination, the Club shall
remit to the City all monies due hereunder within fifteen (15) days.
2. 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
ninety (90) 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 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 provision 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.
1. 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 to Club, addressed to Geoffrey Bell, 18675 U.S. Highway 19 North, #161,
Clearwater, FL 33764.
ARTICLE VII. EFFECTIVE DATE
The effective date of this agreement shall be as of the ______ day of ____________,
20____.
Attachment number 2
Page 7 of 8
8
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: Attest:
______________________________ ________________________________
Laura Lipowski Cyndie E. Goudeau
Assistant City Attorney City Clerk
Clearwater Shuffleboard Club, Inc.
By: ___________________________
Printed Name: _______________
Chief Executive Officer/President of Club
Attachment number 2
Page 8 of 8
1
LAWNBOWLING FACILITY USE AGREEMENT
This Partnership and Operational Support 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, (“City”), and Clearwater Lawn Bowls
Club, Inc., whose address is: 1040 Calumet Street, Clearwater, FL 33755 (“Club”).
WHEREAS, it has been determined to be highly desirable and socially responsible to
provide activities and facilities to meet the needs of adults; and
WHEREAS, the City desires to provide programs and activities as a means to help
adults; and
WHEREAS, the City has recognized the need for adult programs as supported by the
Parks and Recreation Master Plan; and
WHEREAS, the Club has proposed to provide adult recreational experiences for local
residents as described herein; and
WHEREAS, the City owns the Lawn Bowls Shuffleboard Complex and in specific the
lawn bowling rink and clubhouse (“Center”), located at 1040 Calumet, Clearwater, and
WHEREAS, the Club desires to continue its partnership with the City in providing adult
programs by running the day to day operations and offering programs at the Center;
and
NOW, THEREFORE, the parties agree as follows:
ARTICLE I. TERM
1. Term: The term of this agreement shall be for a period of one (1) year commencing
on the 1st day of October, 2009 and continuing through the 30th day of September,
2010 (“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 for five (5) additional periods of one (1) year, on the same terms and
conditions as are set forth herein.
ARTICLE II. RESPONSIBLITIES OF THE CLUB
1. Services to be Provided: One of the Club’s goals shall be to provide programs to
meet the recreational needs of the lawn bowling community.
a) Programs: The Club will provide for the supervision, maintenance and
programming of the facility described in this agreement. Some of the
programs to be provided are as follows:
Attachment number 3
Page 1 of 8
2
i) Open lawn bowling sessions
ii) Provide lessons and training for new bowlers
iii) Conduct tournaments
iv) Provide social activities for participants
b) Assistance to the Community: The Club will maintain communication
and interaction with the surrounding community through such avenues as:
i) Facilitation and support of community meetings and activities
ii) Facilitation and support for use of center as a voting site, if needed
The Club may collect reasonable fees to cover any direct expenses
associated with accommodating these requests.
c) Assistance to the City: Provide Club personnel and volunteers to
operate and provide programs at the Center.
d) Hours of Operation: The Club will provide programs and activities at the
Center on a daily basis (Monday - Friday) and establish regular operating
hours for a minimum of 20 hours per week, in season.
2. Area to be Served: Services rendered through this agreement shall be related to
Lawnbowl activities and 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
viable and successful.
3. Use of Lawn Bowls Facility.
a) No Illegal Use: The Club promises and agrees that they will make or
allow no unlawful, improper or offensive use of the premises. Further, the
Club 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 Club.
b) Rules for Use: Rules and regulations governing the use of the Center
may be established by the Club, providing they are not in conflict or
inconsistent with the ordinances, policies or operating rules of the City or
of this agreement. Such rules and regulations developed by this Club may
provide for and allow reasonable user fees to be retained by the Club.
c) Inspection by City: The Club understands and agrees that the Center
premises may be entered and inspected at any time by the City’s officers,
agents and employees. The City shall make its best effort to notify the
Attachment number 3
Page 2 of 8
3
Club at least 24 hours prior to any inspections, but may enter the Center
at any time in its sole discretion.
d) General Adherence to City Ordinances: Notwithstanding any limitations
implied by the provisions above, the Club promises to observe all City
ordinances.
e) Signage: The Club may place an identification sign on the Center or in
the park according to City codes with approval from the City at the Club’s
expense.
f) Structure: No permanent alterations or improvements to the interior or
exterior of the building may be made without the written consent of the
City. Any permanent structural additions approved by the City will become
City property.
g) Assignment: This Agreement is not assignable. Any attempt to assign
the rights under this Agreement, or any portion thereof shall result in
automatic termination and render this Agreement null and void in all
respects.
4. Maintenance of the Premises by the Club.
a) Custodial Maintenance: The Club shall maintain the Center and
adjacent areas used by the Club in a clean and orderly condition.
b) Repair of Damage: The Club understands and agrees that it is
responsible for and will cause to be repaired at the Club’s expense
damage to the premises as a result of their occupancy other than normal
wear and tear or vandalism.
5. Payment for all operating expenses:
a) The Club is responsible to pay all operating expenses associated with the
Center and its programs, except those specifically identified under Article
III, Section 2.
b) The City will provide maintenance through its Building and Maintenance
Department for all major capital components of the building including, but
not limited to, air conditioners, roof, painting, plumbing, electrical. The City
shall have sole discretion in determining the scheduling and extent of
capital maintenance projects.
c) The Club has remitted to the City $2,234.16, which is considered payment
in full for all outstanding user fees the Club currently owes the City.
Attachment number 3
Page 3 of 8
4
6. Scheduled Reports of Club Activities:
a) The Club 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 Club’s fiscal year. Each
report is to identify the number of clients served, the type of activities,
programs offered and costs of such services.
b) The Club agrees to submit progress reports and other information in such
format and at such times as may be prescribed by the City, and to
cooperate in site visits and other on-site monitoring (including, but not
limited to, access to sites, staff, fiscal and client records, and logs and the
provision of related information).
7. Creation, Use, and Maintenance of Financial Records:
a) Creation of Records: The Club shall create and maintain financial and
accounting records, books, documents, policies, practices, procedures
and any information necessary to reflect fully the financial activities of the
Club. Such records shall be available and accessible at all times for
inspection, review, or audit by authorized City representatives and shall
produce such records as required by law.
b) Use of Records: The Club shall produce such reports and analyses that
may be required by the City to document the proper and prudent
stewardship and use of the facilities.
c) Maintenance of Records: All records created hereby are to be retained
and maintained for a period of not less than five (5) years.
8. Management Letter: Within ninety (90) days of the close if its fiscal year, the Club
agrees to submit to the City a management letter detailing the officers of the Club, by-
laws and/or rules of the Club and identify fees and donations, and expenditures by the
Club.
9. Non-discrimination: Notwithstanding any other provisions of this agreement during
the term of this agreement, the Club for itself, agents and representatives, as part of the
consideration for this agreement, does covenant and agree that:
a) Non-discrimination: The Club 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. The Club agrees to maintain reasonable accommodation
and access for handicapped persons as required by law.
Attachment number 3
Page 4 of 8
5
b) Inclusion in Sub-Contracts: The Club agrees to include the
requirements to adhere to Title VI and Title VII of the Civil Rights Act of
1964 in all approved sub-contracts.
c) Breach of Non-discrimination 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.
10. Publicizing of City Support: The Club agrees to utilize every reasonable
opportunity to publicize the support received from the City. The Club further agrees to
supply the City up to three (3) copies of any publication developed in connection with
implementation of programs by this agreement. Such publications will state that the
program is supported by the City.
11. Liability and Indemnification: The Club 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 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 Club’s activities or those of any
approved or unapproved invitee, contractor, subcontractor, or other person approved,
authorized, or permitted by the Club in or about the 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.
12. Insurance: The Club agrees that it will indemnify and save the City harmless on
account of the negligent acts of Club staff, volunteers or agents or on account of any
unsafe condition that may exist as a result of the negligent operation by Club staff,
volunteers or agents of the facilities. The Club 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 the Club 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.
Attachment number 3
Page 5 of 8
6
d) Personal Property - The City shall not insure or self-insure loss to personal
property of Club. Club understands that it is solely responsible for such losses
regardless of cause.
e) Certificates of insurance showing coverage as provided above will be provided to
the City by October 1st for each year agreement is in force.
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
1. Grant of Funds:
a) The City will not be providing any monetary funding as part of this
Agreement.
2. Grant of In-Kind Services:
a) The City agrees to provide lawn and landscape maintenance services for
all areas in the park and around the Center as annual budgets allow.
b) The City will provide maintenance through its Building and Maintenance
Department for all major capital components of the building including but
not limited to, air conditioners, roof, painting, plumbing, electrical. The
City shall have sole discretion in determining the scheduling and extent of
capital maintenance projects.
c) The City will allow the Club to use an agreed upon inventory of existing
furnishings, remaining on site i.e. chairs, tables, file cabinets, and desks.
The Club will be responsible for maintenance and replacement of items if
needed.
d) The City will not provide any other additional in-kind services, supplies,
labor or equipment whether on loan or for consumption to the Club.
Attachment number 3
Page 6 of 8
7
3. City Liaison: The Recreation Programming Division of the City of Clearwater will
serve as the City Liaison for the Club.
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
1. With or Without Cause: Either Party may terminate this Agreement with thirty (30)
days written notice without any further obligation. The City may terminate this
Agreement immediately for failure to adhere to any of the provisions of this Agreement
as determined by the City in its sole discretion. Upon such termination, the Club shall
remit to the City all monies due hereunder within fifteen (15) days.
2. 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
ninety (90) 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 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 provision 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.
1. 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 to Club, addressed to 1040 Calumet Street, Clearwater, FL 33755.
ARTICLE VII. EFFECTIVE DATE
The effective date of this agreement shall be as of the ______ day of ____________,
20____.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals this _____
day of __________________, 20____.
Attachment number 3
Page 7 of 8
8
Countersigned: CITY OF CLEARWATER, FLORIDA
_____________________________ By: ____________________________
Frank V Hibbard William B. Horne, II
Mayor City Manager
Approved as to form: Attest:
______________________________ ________________________________
Laura Mahony Cyndie E. Goudeau
Assistant City Attorney City Clerk
Clearwater Lawn Bowls Club, Inc.
By: ___________________________
Printed Name: _______________
Chief Executive Officer/President of Club
Attachment number 3
Page 8 of 8
Work Session
Council Chambers - City Hall
Meeting Date:6/1/2009
SUBJECT / RECOMMENDATION:
Approve a blanket purchase order contract to Smith Fence of Clearwater, Florida, in the amount of $150,000 for the purchase and
installation of fencing at various projects throughout the City during the contract period May 22, 2009 through May 21, 2010, in
accordance with Sec. 2.564 (1)(d), Code of Ordinances – Pinellas County Purchasing Cooperative Bid #089-0148-B (SS), and authorize
appropriate officials to execute same. (consent)
SUMMARY:
A blanket purchase order in the amount of $150,000 is being requested. The City is not obligated to use the entire amount being
requested.
Fencing will be installed as replacement for damaged or deteriorated fencing and for new installations at various projects throughout the
City. The Parks and Recreation Department has an annual capital improvement project for the replacement of worn out and damaged
fencing, and also utilizes operating funds and other individual CIP’s for projects that require the installation of new fencing. Some of
the projects for the next year may include, but not be limited to, Cherry Harris Park, Wood Valley Park, Eddie C. Moore Complex and
Carpenter Complex.
The City is using bids solicited and approved by Pinellas County regarding fence installation (Pinellas County Purchasing Cooperative
Bid #089-0148-B (SS).
Type:Capital expenditure
Current Year Budget?:Yes Budget Adjustment:No
Budget Adjustment Comments:
Current Year Cost:$150,000 Annual Operating Cost:
Not to Exceed:$150,000 Total Cost:
For Fiscal Year:2009 to 2010
Appropriation Code Amount Appropriation Comment
315-93262-563500-572-000-
0000
$150,000Various codes to be used throughout the year
Bid Required?:Yes Bid Number:089-0148-B
(SS)
Other Bid / Contract:Pinellas
County Bid Exceptions:
Other
Government
Bid
Review
Approval:
1) Financial Services 2) Office of Management and Budget 3) Legal 4) Clerk 5) Assistant City Manager 6) Clerk 7) City
Manager 8) Clerk Cover Memo
Work Session
Council Chambers - City Hall
Meeting Date:6/1/2009
SUBJECT / RECOMMENDATION:
Approve extension of agreements for contractual services related to Clearwater’s Human Trafficking Immersion Training Project to the
end date of the grant period and approve a new agreement with Directions for Mental Health, Inc. and authorize the approrriate officials
to execute same. (consent)
SUMMARY:
· On August 7, 2008, the City Council approved acceptance of a FY 2008 Department of Justice, Bureau of Justice Assistance
(DOJ/BJA) grant in the amount of $99,370 to fund the Clearwater Area Task Force on Human Trafficking Immersion Training
Project. Council also approved contractual agreements with the Florida RCPI; Pinellas Core Management Services, Inc.; World Relief
Tampa; and, Gulfcoast Legal Services, Inc. to provide coordination of activities and participation in certain portions of the delivery of
Immersion training with the City. These contractual expenses were to be expended by June 30, 2009. The actual expiration date for the
federal grant is February 28, 2010.
· Pursuant to Clearwater’s agreement with DOJ/BJA, a total of four Immersion Training sessions were to be conducted by June 30,
2009. Due to delays beyond Clearwater’s control, only three sessions have been conducted to date.
· In order to allow the Immersion Training Project more time to complete the fourth training session, the Police Department is now
seeking an extension of the City’s contractual agreements with the above-referenced contractors from June 30, 2009 to February 28,
2010, which is the end date of the federal grant period.
· Additionally, Directions for Mental Health, Inc. has been recruited to present a portion of the Immersion Training program. With
one more training session remaining, the Police Department is now seeking approval of a contractual agreement with Directions to
provide Immersion Training services for that session. Funding for Directions will be provided by a budget modification to the existing
grant budget.
· There are no additional costs associated with the extension of time for the existing contractual agreements or the creation of a new
one with Directions. The extensions of time will simply allow Clearwater to utilize all of the federal grant funds to which it is entitled.
· Extensions to the contractual agreements between the City of Clearwater and the above-referenced contractors have been
prepared. A contractual agreement with Directions has also been prepared.
Type:Other
Current Year Budget?:None Budget Adjustment:None
Budget Adjustment Comments:
Current Year Cost:Annual Operating Cost:
Not to Exceed:Total Cost:
For Fiscal Year: to
Appropriation Code Amount Appropriation Comment
181-99268
Review
Approval:
1) Legal 2) Clerk 3) Office of Management and Budget 4) Clerk 5) Assistant City Manager 6) Clerk 7) City
Manager 8) Clerk
Cover Memo
EXTENSION TO AGREEMENT
THIS AGREEMENT made and entered into on the ____ day of _____________, 2009, by and
between Pinellas Core Management Services, Inc., hereinafter referred to as the “Contractor,” and
the City of Clearwater, Florida, a municipal corporation, hereinafter referred to as the “City,” is to
extend the termination date of the original Agreement entered into on October 1, 2008, between the
Contractor and City.
WHEREAS, on September 26, 2008, the City was awarded a grant from the U.S. Department
of Justice, Bureau of Justice Assistance, in the amount of $99,730, for the implementation of the
“Clearwater Human Trafficking Immersion Training Project 2008”;
WHEREAS, on the first of October 2008, the Contractor entered into an Agreement with the
City to coordinate activities and participate in certain portions of the delivery of the training with the
City;
WHEREAS, the Agreement entered into on October 1, 2008, was to commence on October 1,
2008, and terminate on June 30, 2009;
WHEREAS, the June 30, 2009, termination date of the Agreement does not allow the City to
conduct all of the necessary Immersion training sessions and to expend all funds available through
the grant; and
WHEREAS, extending the Agreement to February 28, 2010 to coincide with the actual
expiration date of the federal grant will allow all grant funds to be expended;
NOW THEREFORE, in consideration of the promises and the mutual covenants contained in
the Agreement, the Contractor and City hereby agree as follows:
The Agreement between the Contractor and the City, which commenced on October 1, 2008, and
terminates on June 30, 2009, is hereby extended to February 28, 2010. All other terms and
conditions of the Agreement shall remain in effect.
Countersigned: CITY OF CLEARWATER, FLORIDA
__________________________ By:____________________________
Frank V. Hibbard William B. Horne II
Mayor City Manager
Approved as to form: Attest:
__________________________ _______________________________
Robert J. Surette Cynthia E. Goudeau
Assistant City Attorney City Clerk
Attachment number 1
Page 1 of 2
2
PINELLAS CORE MANAGEMENT SERVICES, INC.
By: _______________________________
Elise Minkoff
Chairperson, Board of Directors, PCMS
Attachment number 1
Page 2 of 2
EXTENSION TO AGREEMENT
THIS AGREEMENT made and entered into on the ____ day of _____________, 2009, by
and between World Relief Tampa, hereinafter referred to as the “Contractor,” and the City of
Clearwater, Florida, a municipal corporation, hereinafter referred to as the “City,” is to extend
the termination date of the original Agreement entered into on October 1, 2008, between the
Contractor and City.
WHEREAS, on September 26, 2008, the City was awarded a grant from the U.S.
Department of Justice, Bureau of Justice Assistance, in the amount of $99,730, for the
implementation of the “Clearwater Human Trafficking Immersion Training Project 2008”;
WHEREAS, on the first of October 2008, the Contractor entered into an Agreement
with the City to coordinate activities and participate in certain portions of the delivery of the
training with the City;
WHEREAS, the Agreement entered into on October 1, 2008, was to commence on
October 1, 2008, and terminate on June 30, 2009;
WHEREAS, the June 30, 2009, termination date of the Agreement does not allow the
City to conduct all of the necessary Immersion training sessions and to expend all funds
available through the grant; and
WHEREAS, extending the Agreement to February 28, 2010 to coincide with the actual
expiration date of the federal grant will allow all grant funds to be expended;
NOW THEREFORE, in consideration of the promises and the mutual covenants
contained in the Agreement, the Contractor and City hereby agree as follows:
The Agreement between the Contractor and the City, which commenced on October 1, 2008,
and terminates on June 30, 2009, is hereby extended to February 28, 2010. All other terms
and conditions of the Agreement shall remain in effect.
Countersigned: CITY OF CLEARWATER, FLORIDA
__________________________ By:____________________________
Frank V. Hibbard William B. Horne II
Mayor City Manager
Approved as to form: Attest:
__________________________ _______________________________
Robert J. Surette Cynthia E. Goudeau
Assistant City Attorney City Clerk
WORLD RELIEF TAMPA
By: _______________________________
Idanuldis Lopez
Affiliate Director
Attachment number 2
Page 1 of 1
EXTENSION TO AGREEMENT
THIS AGREEMENT made and entered into on the ____ day of _____________, 2009, by
and between the Florida Regional Community Policing Institute (RCPI), hereinafter referred
to as the “Contractor,” and the City of Clearwater, Florida, a municipal corporation,
hereinafter referred to as the “City,” is to extend the termination date of the original
Agreement entered into on October 1, 2008, between the Contractor and City.
WHEREAS, on September 26, 2008, the City was awarded a grant from the U.S.
Department of Justice, Bureau of Justice Assistance, in the amount of $99,730, for the
implementation of the “Clearwater Human Trafficking Immersion Training Project 2008”;
WHEREAS, on the first of October 2008, the Contractor entered into an Agreement
with the City to coordinate activities and participate in certain portions of the delivery of the
training with the City;
WHEREAS, the Agreement entered into on October 1, 2008, was to commence on
October 1, 2008, and terminate on June 30, 2009;
WHEREAS, the June 30, 2009, termination date of the Agreement does not allow the
City to conduct all of the necessary Immersion training sessions and to expend all funds
available through the grant; and
WHEREAS, extending the Agreement to February 28, 2010 to coincide with the actual
expiration date of the federal grant will allow all grant funds to be expended;
NOW THEREFORE, in consideration of the promises and the mutual covenants
contained in the Agreement, the Contractor and City hereby agree as follows:
The Agreement between the Contractor and the City, which commenced on October 1, 2008,
and terminates on June 30, 2009, is hereby extended to February 28, 2010. All other terms
and conditions of the Agreement shall remain in effect.
Countersigned: CITY OF CLEARWATER, FLORIDA
__________________________ By:____________________________
Frank V. Hibbard William B. Horne II
Mayor City Manager
Approved as to form: Attest:
__________________________ _______________________________
Robert J. Surette Cynthia E. Goudeau
Assistant City Attorney City Clerk
FLORIDA RCPI
By: _______________________________
Eileen LaHaie
Executive Director
Attachment number 3
Page 1 of 1
EXTENSION TO AGREEMENT
THIS AGREEMENT made and entered into on the ____ day of _____________, 2009, by
and between Gulfcoast Legal Services, Inc., hereinafter referred to as the “Contractor,” and
the City of Clearwater, Florida, a municipal corporation, hereinafter referred to as the “City,”
is to extend the termination date of the original Agreement entered into on October 1, 2008,
between the Contractor and City.
WHEREAS, on September 26, 2008, the City was awarded a grant from the U.S.
Department of Justice, Bureau of Justice Assistance, in the amount of $99,730, for the
implementation of the “Clearwater Human Trafficking Immersion Training Project 2008”;
WHEREAS, on the first of October 2008, the Contractor entered into an Agreement
with the City to coordinate activities and participate in certain portions of the delivery of the
training with the City;
WHEREAS, the Agreement entered into on October 1, 2008, was to commence on
October 1, 2008, and terminate on June 30, 2009;
WHEREAS, the June 30, 2009, termination date of the Agreement does not allow the
City to conduct all of the necessary Immersion training sessions and to expend all funds
available through the grant; and
WHEREAS, extending the Agreement to February 28, 2010 to coincide with the actual
expiration date of the federal grant will allow all grant funds to be expended;
NOW THEREFORE, in consideration of the promises and the mutual covenants
contained in the Agreement, the Contractor and City hereby agree as follows:
The Agreement between the Contractor and the City, which commenced on October 1, 2008,
and terminates on June 30, 2009, is hereby extended to February 28, 2010. All other terms
and conditions of the Agreement shall remain in effect.
Countersigned: CITY OF CLEARWATER, FLORIDA
__________________________ By:____________________________
Frank V. Hibbard William B. Horne II
Mayor City Manager
Approved as to form: Attest:
__________________________ _______________________________
Robert J. Surette Cynthia E. Goudeau
Assistant City Attorney City Clerk
GULFCOAST LEGAL SERVICES, INC.
By: _______________________________
John P. Cunningham, Esq.
Executive Director
Attachment number 4
Page 1 of 1
AGREEMENT
THIS AGREEMENT is made and entered into on the ____ day of __________, 2008,
by and between Directions for Mental Health, Inc., hereinafter referred to as the
“Contractor”, and the City of Clearwater, Florida, a municipal corporation, hereinafter
referred to as the “City”.
WITNESSETH:
WHEREAS, the City has been awarded a grant from the U. S. Department of
Justice, Bureau of Justice Assistance, in the amount of $99,730, for the implementation
of the “Clearwater Human Trafficking Immersion Training Project 2008;”
WHEREAS, the Contractor has agreed to coordinate activities and participate in
certain portions of the delivery of the training with the City;
NOW THEREFORE, in consideration of the promises and the mutual covenants
contained in the Agreement, the Contractor and City hereby agree as follows:
1. TERM.
This Agreement shall commence on the 1st day of June 1, 2009 and shall terminate on
the 28th day of February 2010, unless earlier terminated by either party hereto. Either
party may terminate this Agreement upon thirty (30) days prior written notice.
2. CONTRACTOR’S SERVICES.
The Contractor shall furnish material and perform defined aspects of the work for
coordination and implementation of Human Trafficking Immersion Training, in
conjunction with the Clearwater Police Department and any other entities determined by
the City, per the attached Scope of Services (Exhibit A).
3. CONSIDERATION.
Upon execution of this Agreement by all parties, the City will pay for costs associated
with the implementation of the program as specifically indicated in Exhibit A. The
Contractor shall submit billing to the City for the price of $1,000 per training session
implemented, for which the Contractor seeks reimbursement pursuant to this
Agreement. Such billing shall be submitted to the City no later than twenty (20) days
after the close of each training session. The City’s maximum liability under this contract
shall not exceed $1,000 – the total amount budgeted in the grant for these services.
4. THE WAIVER.
Failure to invoke any right, condition, or covenant in this Agreement by either party shall
not be deemed to imply or constitute a waiver of any rights, condition, or covenant and
neither party may rely on such failure.
Attachment number 5
Page 1 of 4
5. NOTICE.
Any notice or communication permitted or required by the Agreement shall be deemed
effective when personally delivered or deposited, postage prepaid, in the first class mail
of the United States properly addressed to the appropriate party at the address set forth
below:
A. NOTICES TO CONTRACTOR:
Mail to: With a copy to:
Directions for Mental Health
B. NOTICES TO CITY:
Mail to: With a copy to:
Sid Klein, Chief of Police City Attorney’s Office
Clearwater Police Department City of Clearwater
645 Pierce Street P.O. Box 4748
Clearwater, FL 33756 Clearwater, FL 33758
6. ENFORCEABILITY.
If any provision of the Agreement is held by a court of competent jurisdiction to be
unenforceable, the remainder of the Agreement shall remain in full force and effect and
shall in no way be impaired.
7. ENTIRE AGREEMENT AND AMENDMENTS.
This Agreement constitutes the entire agreement of the parties with regard to the
subject matter hereof, and replaces and supersedes all other agreements of
understandings, whether written or oral. No amendment or extension of the Agreement
shall be binding unless in writing and signed by both parties.
8. BINDING EFFECT, ASSIGNMENT.
This Agreement shall be binding upon and shall inure to the benefit of the Contractor
and the City. Nothing in this Agreement shall be construed to permit the assignment by
the Contractor of any of its rights or obligations hereunder, as such assignment is
expressly prohibited without the prior written consent of the City.
9. GOVERNING LAW, SEVERABILITY.
In the performance of the Agreement, each party shall comply with all applicable
federal, state and local laws, rules, ordinances and regulations. This Agreement shall
be governed by the laws of the State of Florida. The invalidity or unenforceability of any
Attachment number 5
Page 2 of 4
provision of this Agreement shall not affect the validity or enforceability of any other
provision.
In witness whereof, the parties hereto have set their hands and seals on the date first
above written.
Countersigned: CITY OF CLEARWATER, FLORIDA
__________________________ By:____________________________
Frank V. Hibbard William B. Horne, II
Mayor City Manager
Approved as to form: Attest:
__________________________ _______________________________
Robert J. Surette Cynthia E. Goudeau
Assistant City Attorney City Clerk
DIRECTIONS FOR MENTAL HEALTH, INC.
By: _______________________________
Attachment number 5
Page 3 of 4
Exhibit A: Scope of Services
Reimbursement will be based on participation in 1 immersion training sessions @ $1,000 per
session (1 day per session estimated); including the following costs and activities:
• Local travel and mileage;
• Participate in planning the content and schedule for the training sessions;
• Assist in establishing specific curricula for each visiting Task Force;
• Attend such meetings as may be required prior to and during site visits for planning and
coordination;
• Provide technical assistance and training on topics related to the task force, including:
o Victim services budgets, case management, reporting forms and requirements, file
arrangements, confidentiality, responding to victim needs;
o Outreach and awareness plans, presentations and experiences;
o Models for structuring NGO service networks and development of protocols;
o Training plans for Law Enforcement and NGO’s;
o Evaluation plans and experiences;
• Meet with and exchange information and experiences with visiting NGO victim service
providers and law enforcement;
• Accompany NGO and other visiting Task Force personnel on site visits as needed;
• Plan and deliver presentations to visiting Task Force members as needed.
Attachment number 5
Page 4 of 4
Work Session
Council Chambers - City Hall
Meeting Date:6/1/2009
SUBJECT / RECOMMENDATION:
Amend Article VII, Solid Waste Management,Section 32.271 through 32.322, Amend Appendix A, Schedule of fees, rates, and charges,
Article XXV, Public Works-fees, rates and charges, section; (3)(c) Solid Waste collection rates through Solid Waste Roll-off container
or waste receptacle service(5)(b)(ii)(7), and pass Ordinance 8025-09 on first reading.
SUMMARY:
The following amendments are being proposed in addition to the amendments discussed with Council previously and outlined below. 1)
add definitions for commercial waste and industrial waste, 2) rename "construction debris" to "construction or demolition debris" and
update definition that vegetative matter is not condiered construction or demolition debris, 3) add language to Section 32.288 to allow
sole proprietors or corporate entities to obtain permits to collect or haul refuse within the city limits, provided they use trailers or other
similar rubber tire vehicles with capacities no larger than fifteen (15) cubic yards.
the following amendments were discussed previously with Council.
The proposed amendments to this Ordinance and Appendix A include the recommendation for exclusivity for the City’s roll-off
operation and various wording changes meant to clarify, update, or strengthen the current Ordinance and Appendix.
Article VII, Solid Waste Management
Update Language and added definitions
Solid Waste to Solid Waste/General Services
Solid Waste Director to Solid Waste/General Services Director
City Commission to City Council
Definitions added
· Containerized service - collection of solid waste or recyclables in city-approved containers
· Contamination - when more than de minimis non-recyclable items are included with recyclables, or two or more types of
recyclables are commingled.
· Eviction or move-out refuse - refuse left for collection resulting from an eviction or move-out.
· E-waste - inoperative or discarded electronic components.
· Late payment - means any payment remitted after the required due date.
· Recovered materials dealer - person or entity who handles, purchases, receives, recovers, sells, or is an end-user of recovered
materials.
· Roll-off container - large capacity container used for commercial, industrial service, or special purposes, including but not limited
to, containers with capacities between (10) and (40) cubic yards and which is transported with its contents to a solid waste disposal site.
· Servicing - interaction with Solid Waste/General Services with regards to installing, cleaning, deodorizing, pulling, removing, or
repairing damage to waste receptacles.
· Waste receptacle - vehicle or container used to collect, transfer or haul solid waste or construction debris.
Strengthen Enforcement Capabilities
- Language added to Sec. 32.276 that designated solid waste personnel have the "authority to exercise limited police powers to enforce
provisions of this chapter."
Cover Memo
Appendix A, Schedule of fees, rates and charges
Establish Rates
Solid Waste curbside collection rates for customers outside the city limits (Agreements To Annex) - add a 125% monthly surcharge to
provide curbside service to accounts outside city limits.
Dumpster cleaning charges of $100 per receptacle after two free cleanings per year
Annual maximum of yard waste per dwelling - four complimentary pick ups beyond the once-weekly yard waste collection per 12-
month period not to exceed 40 cubic yards in the 12-month period.
Exclusivity for Roll-Off Operations
The provision of roll-off and compactor service in the City of Clearwater is currently open to all private roll-off haulers and the City's
Solid Waste Department. Exclusivity would prohibit private haulers from doing roll-off business within the City limits. This
recommendation is based on the following:
- Revenue Opportunity: Current City roll-off operation has the capacity to absorb additional business without adding full-time
equivalent postions (FTEs) or equipment.
- Savings: Staff costs and hours necessary (approximately 1,200 hours) to enforce collection of the 15% franchise fee from private
haulers.
- Customer Service: Continue high level of customer service (service same day or next, deodorize and clean containers, etc.)
- Efficiency: Area of operation within the City limits allows for a short turn-around to service.
- Location: Transfer Station is centrally located with the City and has the capacity to for additional refuse.
There are eight FTEs assigned to the roll-off operation. The operation also includes six roll-off trucks providing service five days a
week.
Type:Other
Current Year Budget?:Yes Budget Adjustment:None
Budget Adjustment Comments:
Current Year Cost:Annual Operating Cost:
Not to Exceed:Total Cost:
For Fiscal Year: to
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
Solid Waste Department
Roll-Off Exclusivity
What is a Roll-Off?
•A roll-off is any large capacity
container used commercially or
privately to haul and dispose of
solid waste or construction debris.solid waste or construction debris.
What is Exclusivity ?
•Exclusivity would allow the City of
Clearwater the right to be the only
hauler within city limits. No private
hauler would be permitted to
operate within city limits.operate within city limits.
Various Exclusivity Contracts
•Waste Pro (private)
•City of Largo (municipality)
City of Clearwater
Private Haulers
•There are currently 10 private
haulers registered to provide roll-
off service within city limits.off service within city limits.
•These haulers are located from
Tampa, FL to Arcadia, FL.
•None of these haulers are located
within city limits.
Roll-Off Revenues FY 04 thru FY 08
Clwtr
Private
800K
700K
600K
500K Private500K
400K
300K
200K
100K
FY04FY08FY07FY06FY05
Roll-Off Revenues FY08
City
Private
140K
120K
100K
80K80K
60K
40K
20K
Private Hauler Audit
•In 2006 The City of Clearwater
audited the 10 private haulers.
•Over $377K was recovered.•Over $377K was recovered.
Annual Staff Involvement
without Exclusivity
•Solid Waste Personnel 855 hours
•Assistant City Attorney 20 hours •Assistant City Attorney 20 hours
•Audit Department 325 hours
•Total Staff 1,200 hours
Annual Staff Involvement
with Exclusivity
•Solid Waste Personnel 215 hours
•Audit Department 85 hours•Audit Department 85 hours
•Total Staff 300 hours
Solid Waste Department
Roll-Off Exclusivity
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1
ORDINANCE NO. 8025-09
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING
TO THE SCHEDULE FOR SOLID WASTE COLLECTION SERVICES;
AMENDING ARTICLE VII, SOLID WASTE MANAGEMENT, SECTIONS
32.271 THROUGH 32.322, APPENDIX A, SCHEDULE OF FEES, RATES
AND CHARGES, ARTICLE XXV, PUBLIC WORKS-FEES, RATES AND
CHARGES, SECTION; (3)(c) SOLID WASTE COLLECTION RATES
THROUGH SOLID WASTE ROLL-OFF CONTAINER OR WASTE
RECEPTACLE SERVICE (5)(b)(ii)(7), CLEARWATER CODE OF
ORDINANCES; PROVIDING AN EFFECTIVE DATE.
WHEREAS, it is determined to be fair and reasonable to establish fees,
rates and service charges based on the cost to serve the various classes of
customers; now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Article VII, Solid Waste Management, Section 32.271 through Section
32.322, Clearwater Code of Ordinances, is hereby amended as follows:
DIVISION 1. GENERALLY
* * * * * * * * * *
Sec. 32.2715. Definitions.
As used in this chapter:
(1) Commercial container means any container approved by the Solid Waste/General
Services Department solid waste department and serviced by a commercial collection
vehicle.
(2) Commercial establishment means a property or properties zoned or used for
commercial or industrial uses, or used by an entity exempt from federal income taxation
under section 501(c)(3) of the Internal Revenue Code. The term excludes property or
properties zoned or used exclusively for single-family residential or multi-family
residential uses of four units or less.
(3) Commercial waste means solid waste generated as a consequence of operating
a commercial establishment exclusive of hazardous or biohazardous waste.
(4) (3) Compactor means any mechanical hydraulic or electrical machine designed and
used specifically for compacting refuse or recyclables.
(5)(4) Compacted means refuse or garbage condensed by a compactor.
(6) (5) Construction or demolition debris means discarded building materials and rubble
including but not limited to earth, cement, brick, wire, cans, flooring materials, lumber,
plaster, roofing materials and any other waste resulting from construction, remodeling,
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repair or demolition of any structure or pavement. Such construction debris may be either
commercial or residential in character. Soil , tree remains, and other vegetative matter
resulting from site work or land clearing shall not be considered construction or
demolition debris.
(7) Containerized service means collection of solid waste or recyclables in city-
approved containers.
(8) Contamination means when more than de mininis non-recyclable items (such
as trash, food waste, glass, putrescible garbage) are included with recyclables, or
when two or more different types of recyclables are commingled in a container
intended for one.
(9)(6) Customer means owner, occupant, tenant, or other person having control of the
improved real property.
(10) Eviction or move-out refuse means any refuse that is left for collection
resulting from an eviction or a move-out.
(11) E-Waste means inoperative or discarded electronic equipment including, but
not limited to televisions, computer CPUs, monitors and peripherals, and handheld
and desktop telecommunications equipment.
(12)(7) Hazardous material means material which is radioactive, volatile, flammable,
explosive, infectious, toxic or otherwise hazardous, including but not limited to material
designated as hazardous in any Federal, Florida, Pinellas County, or Clearwater statute
or regulation law or ordinance; also that waste which is determined to be hazardous by
the United States Environmental Protection Agency, or any other federal agency.
(13) Industrial waste means solid waste generated as a consequence of operating
an industrial establishment, exclusive of hazardous or biohazardous waste.
(14) Late payment means any payment remitted after the required due date.
(15)(8) Materials recovery facility means a solid waste management facility that provides
for the extraction from solid waste of recyclable materials, materials suitable for use as a
fuel or soil amendment, or any combination of such materials.
(16)(9) Putrescible waste garbage means household or commercial solid waste that will
putrefy.
(17)(10) Recovered materials means metal, fiber, paper, glass, plastic, textile or rubber
materials that have known recycling potential, can be feasibly recycled, and have been
diverted and source-separated or have been removed from the solid waste stream for
sale, use, or reuse as raw materials, whether or not the materials require subsequent
processing or separation from each other, but does not include materials destined for any
use that constitutes disposal. Recovered materials are not solid waste.
(18)(11) Recovered materials dealer means any person or entity who handles,
purchases, receives, recovers, sells, or is an end-user of recovered materials.
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(19)(12) Recovered materials processing facility means a facility engaged solely in the
receiving, storage, processing, resale or reuse of recovered materials. Such a facility is
not a solid waste management facility if it meets the definitions of section 403.7045(1)(f),
Florida Statutes.
(20)(13) Recyclable means those materials which are capable of being recycled and
which would otherwise be processed or disposed of as solid waste.
(21)(14) Recycling means the collection, processing, marketing, reprocessing and resale
or reuse of any material which would otherwise be processed or disposed of as solid
waste.
(22)(15) Recycling bin means any container issued by the city for the purpose of
recycling.
(23)(16) Refuse means all putrescible and non-putrescible solid waste.
(24)(17) Residential refuse container means a city issued automated container and/or a
city-approved 32-gallon container or other container approved by the director of Solid
Waste/General Services solid waste.
(25) Roll-off container means any large capacity container used for commercial or
industrial service, or for special purposes, including but not limited to, containers
with capacities between (10) ten and forty (40) cubic yards and which are
transported with their contents by vehicle to a solid waste disposal site.
(26) Servicing means any interaction with Solid Waste/General Services with
regards to including, but not limited to, installing cleaning, deodorizing, pulling,
removing, or repairing damage to waste receptacles
(27)(18) Solid waste means sludge not regulated under the Federal Clean W ater Act or
Clean Air Act; sludge from a waste treatment works, water supply treatment plant, or air
pollution control facility; or garbage, rubbish, refuse, special waste, or other discarded
material, including solid, liquid, semisolid or contained gaseous material resulting from
domestic, industrial, commercial, mining, agricultural or governmental operations. The
term does not include recovered materials as defined in this section or in section
403.703(7), Florida Statutes.
(28)(20) Solid Waste/General Services Solid waste director means the person
authorized to exercise and enforce the provisions of this ordinance.
(29)(19) Solid waste management means the process by which solid waste is collected,
transported, stored, separated, processed or disposed of according to an orderly,
purposeful and planned program which includes closure and long-term maintenance.
(30)(21) Solid waste management facility means any solid waste disposal area, volume
reduction plant, transfer station, materials recovery facility or other facility, the purpose of
which is resource recovery or the disposal, recycling, processing or storage of solid
waste. The term does not include recovered materials processing facilities which meet
the requirements of Section 403.7046(4), Florida Statutes, except the portion of such
facilities, if any, that is used for the management of solid waste.
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(31)(22) Source-separated means that recovered materials are separated from solid
waste where the recovered materials and solid waste are generated. The term does not
require that various types of recovered materials be separated from each other and
recognizes that de minimis solid waste, in accordance with industry standards and
practices, may be included in the recovered materials.
(32)(23) Special wastes means solid waste that can require special handling and
management, including, but not limited to, white goods, waste tires, used oil, lead-acid
batteries, construction and demolition debris, ash residue, e-waste, paint yard trash, and
biological wastes.
(33)(24) Trash means any waste accumulation of paper, sweepings, rags, bedding or
other matter of any kind, other than garbage, which is usually attendant to housekeeping,
except recyclables.
(34) Waste receptacle means any vehicle or container, but is not limited to trailers,
roll-off containers, compactors or any other functionally equivalent containers,
used to collect, transfer or haul solid waste or construction debris from one
location to another.
(35)(25) White goods means inoperative and discarded refrigerators, ranges, water
heaters, freezer[s] and other similar domestic and commercial large appliances of any
color.
(36)(26) Yard waste means vegetative matter resulting from landscaping and
maintenance.
Sec. 32.272. Collection by city; exceptions.
(1) Generally. All refuse accumulated in the city shall be collected, conveyed and
disposed of by the city government. Following receipt and referral by the City Council
Commission of annexation petitions, the city shall, upon request by the petitioners, collect
refuse accumulated on properties being annexed by the city. Any residential,
commercial, or industrial property within the City that is being constructed, is
occupied, or is capable of being occupied, shall be presumed to be generating
solid waste for collection.
(2) Exception for commercial establishments. This chapter shall not prohibit the actual
producers of solid waste or the owners of premises upon which solid waste has
accumulated, from personally collecting, conveying and disposing of such solid waste
provided such producers or owners comply with the provisions of this chapter and with all
other governing laws and ordinances. This paragraph shall not be construed to provide
for or as allowing collection by subcontract. An owner or producer of refuse or recyclable
materials may sell or donate these materials but may not enter into any disposal
agreement whereby the owner or producer pays for the use of the container or for
hauling.
(3) Exception for outside collectors. This chapter shall not prohibit solid waste collectors
from outside of the city from hauling such solid waste over city streets prescribed by the
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director of public works provided such collectors comply with the provisions of this
chapter and all other governing laws and ordinances.
(4) Exception for private collectors with roll-off containers, compactors or waste
receptacles. This chapter shall not prohibit a private collector holding a permit from the
placing and servicing roll-off containers for commercial and industrial solid waste issued
by the city that the city does not choose to collect and approves for collection by outside
contract. A private collector who currently holds a city issued permit for placing
and servicing roll-off containers, compactors, or waste receptacles for commercial
and industrial waste, may continue to provide said service for the duration of all
existing customer contracts. The private collector shall provide the city with
evidence of all such contracts. This exception shall only apply to contracts entered
into on or before June 4, 2009. Moreover, the City may honor an existing private
refuse contract for existing development which annexes into the City for the
remainder of the contract term or for five (5) years from the date of annexation,
whichever is shorter.
(5) Exception for bulky items. The city has the right to refuse garbage service of any
unusual or extremely bulky item or to require the owner or producer of waste to reduce it
to such size and weight as can be handled by city equipment.
Sec. 32.273. Director of Solid Waste/General Services solid waste; powers; appeals
from action.
(1) All solid waste and recyclables accumulated in the city shall be collected, conveyed,
and disposed of or otherwise managed by the city under the supervision of the director of
Solid Waste/General Services solid waste.
(2) The director of Solid Waste/General Services solid waste shall have the authority to
establish the type of container, the frequency of collection, location of container, amount
of solid waste and recycling collection or disposal service needed, so long as such
change does not fall below any minimum standards set forth by Federal and
Florida law or local ordinance.
Sec. 32.274. Unlawful practices generally.
It is hereby declared unlawful and a violation of this chapter for any person to do or
permit to be done any of the following acts or practices:
(1) To deposit on or bury in, or cause to be deposited in or buried in, any property, public
or private, and any street, alley, the waters of Clearwater Bay, or any creek, watercourse,
storm sewer, or ditch within the corporate limits of the city, any solid waste or other
noxious, malodorous or offensive matter;
(2) To fail or neglect to keep or cause to be kept clean and sanitary or tightly covered and
in good state of repair all containers and trash receptacles;
(3) To place or allow to be placed upon the streets, alleys, curbs, bicycle paths or
sidewalks of the city any rubbish, sweepings, debris, trash or waste materials of any kind,
which constitutes a menace to traffic, both vehicular and pedestrian, or a health or
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aesthetic problem, or which impairs the proper operation of the city's sewer or drainage
system;
(4) To remove recyclables or any marketable materials from solid waste placed out for
collection. Such an act is declared "scavenging" and is punishable by a fine of $500.00
per incident. An incident is deemed to be the removal of such materials from a single
premises;
(5) To dispose of any paint, hazardous material, acid, explosive material, Inflammable
liquids, burning substance or any dangerous or highly corrosive material, used oil or
biohazardous wastes in any refuse container which might be detrimental or harmful to
any person or persons. The city will not be responsible for the collection or disposal of
these materials or of special industrial wastes. Damage to city-owned containers as a
result of the above will be repaired at the expense of the user; or
(6) To place or deposit or cause to be placed or deposited upon any of the streets,
sidewalks, parkways, thoroughfares, public parks, or other public places of the city, any
tree trunks or limbs, any trash, debris, papers, litter, solid waste, or other discarded
matter of whatever kind, except as specifically provided within the rules and regulations; ;
(7) To bring any solid waste into the city from outside the city limits, or transfer
solid waste originating from one party to another party within the city, for the
purpose of collection and removal by Solid Waste/General Services; or
(8) It shall be unlawful for any third party or contractor to create or leave
construction debris, yard waste or refuse subsequent to the performance of any
work on private property for the city to collect. No materials from such operations
shall be placed in any residential container, commercial container, waste
receptacle or set out curbside for collection by the City without prior authorization
by the Solid Waste/General Services director.
Sec. 32.275. Prohibited materials.
(1) Building materials. Except for roll-off container or waste receptacle services, the city
shall not be responsible for the collection of dirt, rock, sod, plaster, lumber, metal or other
construction or building material originating from private property preliminary to, during or
subsequent to the construction of new buildings, or alterations or additions to existing
buildings. Such material shall be removed by the owner of the property or by the
contractor. No certificate of occupancy shall be issued until such material has been
removed by the owner or contractor.
(2) Contagious disease solid waste. The removal of clothing, bedding or other solid
waste from homes or other places where highly infectious or contagious diseases have
prevailed shall be performed by a licensed medical waste collector registered with the
director of solid waste. Such solid waste shall not be placed for collection and shall not be
collected by solid waste personnel.
(2)(3) Inflammable or explosive materials. Highly flammable or potentially explosive
materials or toxic substances shall not be placed in containers for regular collections, but
shall be disposed of as directed by the director of Solid Waste/General Services solid
waste at the expense of the owner or possessor thereof.
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(3)(4) Prohibited materials. Biohazardous waste, flammable liquids, motor oil, pesticides,
herbicides and other hazardous materials shall not be placed for collection, and shall not
be collected by solid waste personnel.
Sec. 32.276. Enforcement.
The director of Solid Waste/General Services solid waste is authorized to exercise
limited police powers to enforce the provisions of this chapter. These limited police powers
shall include the authority to issue a notice of violation of a provision of this chapter and,
following a reinspection after the time specified in the notice for corrective action, if there has
not been substantial compliance with the notice of violation, or if the violation has been
corrected but reoccurs, the director of Solid Waste/General Services solid waste may cause
a summons to be issued by a sworn police officer, code enforcement officer, or
designated Solid Waste/General Services employee of the city for appearance in county
court, or may notify the code enforcement board and request a hearing pursuant to sections
7-102 of the Clearwater Community Development Code 2.218 and 2.219. A notice of
violation shall describe the nature of the violation, the corrective action necessary to cure the
violation, and the time within which corrective action shall be taken. A notice of violation shall
be served in the manner set forth in section 162.12, 2.216 Florida Statutes.
Personnel Employees authorized by the city manager or designee as code enforcement
officers or solid waste personnel are hereby designated as the investigating and enforcing
authority pursuant to this article. The code enforcement officers or solid waste personnel
are authorized and directed to receive all complaints, make inspections to determine if a
violation of this article exists, gather all relevant information concerning such complaints,
conduct field investigations and inspections of real property, and enter upon real property,
with or without a warrant as required by law, in the conduct of official business pursuant to
this article.
It shall be unlawful for any person to interfere, harass, or otherwise impede a city code
enforcement officers or solid waste personnel employee who are is carrying out or acting
within the scope of his/her duties. A law enforcement official shall have the authority to arrest
an individual in violation of Article VII this section.
Sec. 32.277. Penalties.
(1) Any person or entity found to be in violation of the provisions of this article shall be
prosecuted as provided in section 1.12.
(2) Imposition of a penalty or fine does not prevent the city manager or designee code
enforcement board from proceeding or from revoking or suspending a license or permit.
(3) In addition to the penalties provided in subsection (a) of section 1.12, any condition
caused or permitted to exist in violation of any of the provisions of this Code can be
deemed a public nuisance, and may be abated by the city as provided by law. If action to
remedy the condition is taken by the city, the actual costs of such action plus
administrative costs of up to $200.00 shall be owed by the owner to the city and shall
constitute a lien against the property until paid.
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(4) If a customer has not removed extra or nonconforming solid waste or other industrial
waste, hazardous waste or noncombustible refuse within 24 hours after notification by
solid waste, the director of Solid Waste/General Services solid waste may order such
removal and all costs incurred shall be placed against the customer's utility account.
(5) Failure to remove a container tagged with a warning by the Solid Waste/General
Services Department code enforcement/solid waste department within the specified
period of time subjects the customer to a fine of $10.00 per day, which is placed on the
customer's utility bill. Repeat offenders, at the discretion of the director of Solid
Waste/General Services solid waste, may be placed on side or rear yard premium
service at the appropriate fee.
(6) In the event a roll-off container or waste receptacle becomes a danger or
nuisance, the roll-off container or waste receptacle shall be impounded and owner
given notice, if reasonably possible, and owner shall be responsible for claiming
such roll-off container or waste receptacle at owner’s own expense as detailed in
subsection 7.
(7) Roll-offs containers and/or waste receptacles located on city property and/or
rights-of-way that are not registered shall be hauled to a city site and an initial fee
of $300.00 and a $50.00 a day storage fee shall be assessed against the owner of
such equipment. If such equipment is not recovered after thirty (30) days, after the
City has gone through reasonable efforts to provide the owner notice, then such
equipment may be disposed of.
(8) Roll-off container and/or waste receptacle Permitee shall incur a 1% penalty
charge on the total amount of remittance, as specified in Appendix A of this code
and referred to in section 32.290(2)(b) of this division, for every month that the
remittance is past due. Furthermore, Permitee shall incur a 1% penalty charge on
the total amount of remittance for every month that the Permitee fails to provide
invoice copies and monthly service reports, as required by section 32.290(2)(b).
Failure to comply with the permit submission requirements may result in
revocation or denial of issuance or renewal of a permit.
Sec. 32.278. Service fees and charges.
(1) The fact that any place of abode or any place of business is occupied shall be prima
facie evidence that refuse is being produced and accumulated upon such premises and
that fees for the collection and disposal thereof are due the city.
(2) See Appendix A for solid waste management system deposits, fees, service charges,
and rate schedules.
(3) The solid waste collection and disposal charges are applicable until all municipal
utilities including lawn (water) meters are disconnected.
(4) For accounts payable, see section 32.066.
(5) Additional service charges may be levied at the discretion of the director of Solid
Waste/General Services solid waste.
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Sec. 32.279. Duty of property owner to supply receptacle; exception.
It shall be the duty of all owners of residences, businesses, professional offices, and
other commercial establishments in the city to supply each of such establishments with solid
waste receptacles containers except where furnished by the city.
Sec. 32.280. Duty of property owner; precollection practices.
(1) Preparation of solid waste.
(a) Garbage. All garbage shall be drained of liquid and shall be wrapped or bagged
in paper or plastic before being placed in any container for collection.
(b) Trash. All trash shall be drained of liquid before being deposited for collection.
(c) Recyclables. Recyclables shall be prepared for collection in accordance with
existing policies that of the city provides. as part of the recycling education
program.
(d) Yard waste. Loose yard waste shall be placed inside a container, other than the
city-issued container, approved by the city and placed for recycling collection at
curbside, separate from other trash. Such containers shall not be filled above the rim
of the container. Single articles such as palm fronds, tree branches and limbs shall
be cut or broken into pieces which are less than four (4) inches in diameter and four
(4) feet long and shall be stacked at curbside for recycling collection. It shall not be
the responsibility of the solid waste personnel to clean up de minimis debris
resulting from standard collection. Larger articles may be collected by special
pickup upon request and approval by the director of solid waste.
(e) Scrap metal and appliances. Scrap metal and appliances shall be placed at the
curb for recycling collection separate from other trash. Freezers, refrigerators, clothes
washers, clothes dryers, dishwashers or similar airtight units shall have the doors
removed or secured before being placed for collection. All stand-up items shall be
laid flat. Scrap metal such as poles, pipes and antennas shall be cut or bent into
pieces not longer than six (6) feet.
(f) Crates and cardboard boxes. Crates and cardboard boxes shall be collapsed prior
to being placed for collection.
(g) Dangerous material. All dangerous material collected manually such as broken
glass, light bulbs, and razor blades, and fluorescent tubes shall be deposited in a
disposable container and placed at curbside for collection.
(h) None of the above may be placed out prior to twenty-four (24) forty-eight (48)
hours in advance of a scheduled pick-up.
(2) Containers.
(a) Duty to provide and maintain in sanitary condition. Except in the case of
containers provided by the city, all containers shall be provided by the owner, tenant,
or occupant of the premises. Containers shall be maintained in good condition and
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shall be subject to inspection and approval of conditions by city code enforcement
inspectors and others having jurisdiction. Routine maintenance of can[s], carts, and
waste receptacles dumpsters in a sanitary manner is the responsibility of the user.
Any container that does not conform to the provisions of this chapter or that may
have ragged or sharp edges or any other defect liable to hamper or injure the person
collecting the contents thereof, shall be promptly replaced by the customer upon
written notice by the city. The director of Solid Waste/General Services solid waste
shall have the authority to discontinue collection service for failure to comply. In the
event of damage to a container provided by the city caused by a user of the
container, the cost of repair or replacement shall be charged to the customer's
account.
(b) Specifications. Containers shall be made of durable plastic or metal, equipped
with suitable handles and tight-fitting covers, and shall be water-tight. Except in the
case of containers provided by the city, each container shall have a capacity of not
more than thirty-two (32) gallons, and shall weigh not more than sixty (60) pounds
when full.
(c) Commercial trash bins. No commercial trash bins or trash rooms shall be used
without written permission of the director of Solid Waste/General Services solid
waste. No existing bin shall continue to be used, and no new bin shall be permitted
for use, unless it is completely enclosed and watertight.
(d) Commercial containers. Containers shall be of such size and shape as to be
capable of being lifted and emptied into city collection vehicles. Commercial front end
containers provided by the owner and used in conjunction with compactors shall first
be approved by the director of Solid Waste/General Services solid waste, such
approval to relate to the ability of the city to service such equipment.
(3) Storing of solid waste.
(a) Public places. No person shall place any solid waste in any street, alley or other
public place or upon any private property whether owned by such person or not,
unless it is in containers for collection. No person shall place any solid waste at the
curb for collection except on his or her property, and such placement shall be behind
the curb or where the curb should be. Any person having a corner lot may use the
side yard curb, subject to the director of Solid Waste/General Services’ solid
waste's approval. No person shall throw or deposit any solid waste in any ditch,
stream or body of water.
(b) Unauthorized accumulation. Any unauthorized accumulation of solid waste on
any lot or premises is hereby declared to be a nuisance and is prohibited. Failure to
remove any accumulation of solid waste following notice to the owner or tenant and a
reasonable opportunity to take corrective action shall be deemed a violation of this
chapter.
(c) Reserved.
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(d) Commercial establishments. All commercial establishments shall secure solid
waste accumulated upon the premises so as to eliminate wind-driven debris and
unsightly litter conditions in and about the establishment.
(e) Public parking lots. All public parking lots shall be provided with containers in
sufficient quantity so that there shall be at least one container for every 50 parking
spaces. This requirement shall apply to parking lots with a capacity in excess of 25
spaces. It shall be the responsibility of the owner or the manager of the parking lot to
collect the material deposited in the containers and deposit the material in a
container for collection. As used in this subsection the term "public parking lot" shall
mean a privately owned lot open to the general public.
(f) Construction sites. All construction sites shall use utilized city-approved waste
receptacles trash containers, the number of which shall be determined according to
the size of the job at the discretion of the director of the building division.
Construction sites shall be kept clean and orderly at all times and the building director
may suspend or red tag a construction job until the premises are brought up to a
satisfactory sanitary condition. Any waste receptacle used to collect refuse that is
not supplied by the City shall be required to be registered with the director of
Solid Waste/General Services.
(4) Waste receptacles, compactors, roll-off containers and baling machines.
(a) Registration. Prior to the placement of compactors, roll-off containers, waste
receptacles, and baling machines such equipment shall be registered with the
director of Solid Waste/General Services solid waste.
(b) Storage of compacted trash. Compacted cardboard, trash or by-products thereof
as described in this section which have been compacted into bales shall be stored in
fireproof structures or buildings at all times unless awaiting transport to ultimate
disposal.
(c) Transporting compacted or roll-off trash. No person shall transport compacted
trash or recyclable materials, collected within the City of Clearwater, over streets
and roadways in the corporate city limits without prior registration with the director of
Solid Waste/General Services solid waste.
Sec. 32.281. Duty of property owner; collection practices.
(1) Frequency of collection.
(a) Residential and small businesses. Solid waste accumulated by residences and
small businesses shall be collected twice each week on regularly scheduled days
except Saturdays, Sundays and holidays.
(b) Commercial. Motels, hotels, restaurants, supermarkets, hospitals, schools and
other establishments may have daily collection services to fit their respective needs
at the regular rates charged. therefore. Where necessary to protect the public health,
the director of Solid Waste/General Services solid waste or an authorized health
department official may require more frequent collections.
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(c) Special collections. Restaurants and all other establishments having putrescible
waste which has an offensive odor or will constitute a nuisance may shall be
collected, at minimum, once a week. If the waste becomes offensive in odor or
becomes a nuisance, it shall be collected as often as deemed necessary to
address the offensive odor or nuisance, at the discretion of and upon the
approval of the director of Solid Waste/General Services solid waste.
All waste receptacles within the city limits that contain putrescible refuse shall,
at the discretion of the Solid Waste/General Services Director, be required to
have a minimum of one collection per week.
(2) Collection locations.
(a) Curbside pickup (c) Side or rear building. Solid waste containers shall be placed
for collection on the ground at the curbline, immediately in front of and contiguous to
owner's property and at least ten (10) feet away from any permanent structure or
vehicle and cannot obstruct pedestrian passage. Solid waste containers shall be
placed for collection at ground level on the property, not within the right-of-way
of a street or alley, and shall be accessible without entering into a building or
shelter of any type. Exceptions may be granted with the approval of the director of
Solid Waste/General Service solid waste.
(b) Handicapped and elderly. Any person who has been certified by a physician as
being unable to place a solid waste container at the curb shall be entitled to have the
solid waste collected at the side or rear of the building at no extra charge.
(c) (a) Side or rear yard premium service building collection. A fee as stated in
Appendix A will be charged to customers who wish to have the containers
pulled out and placed back for them by solid waste personnel. Solid waste
containers shall be placed for collection at ground level on the property, not within the
right-of-way of a street or alley, and shall be accessible without entering into a
building or shelter of any type. No solid waste shall be collected unless containers
are readily accessible by solid waste personnel without unlocking a door, gate or
other obstacle Exceptions thereto may be approved in writing by the director of solid
waste provided that an additional payment for the extra service is agreed upon by
both parties.
(3) Container placement and removal.
(a) Residential refuse and/or recycling containers and yard waste placed near the
curb, street or alley shall be placed there no earlier than 7:00 p.m. on the evening
preceding the collection day and must be removed to a point at the side or rear of the
structure by 7:00 a.m. of the following day. Any container not removed will be tagged
by the Solid Waste/General Services Department code enforcement/solid waste
department with a warning. Second violators will be subject to a fine of $10.00 per
day, which will be placed on the customer's utility bill. Repeat offenders will be placed
on side or rear yard premium service at the stipulated rate.
Attachment number 3
Page 12 of 27
13
(4) Eviction/Move Out Refuse.
The property owner shall be responsible for time and material charges as stated in
Appendix A for any refuse clean up resulting from an eviction or move out.
Sec. 32.282. Yard waste/bulk collections.
(1) It is the responsibility of all tree surgeons, nurseries, lawn care services and
landscaping contractors, or any individual or company doing work on private property, to
remove from the premises all residue and rubbish resulting from said work. Failure to
comply will result in a fine in the amount of not less than the existing cost for removal plus
an administrative fee not to exceed $200.00, for the first infraction. A second infraction
may result in the loss of the occupational license.
(2) All white goods’ doors must be removed or secured before being set out for
collection.
(3) Items for collection should be placed out no earlier than 24 48 hours in advance of a
scheduled pick-up and should not present a health or safety hazard to the general public.
* * * * * * * * * *
Sec. 32.284. Waste receptacle Dumpster enclosures/storage of containers.
(1) Enclosure required.
(a) Customers who receive containerized service and who are not subject to the
requirements of paragraph 5 subsection (b) of this section shall meet the following
requirements with respect to waste receptacle Dumpster enclosures.
(b) The enclosure will be constructed and maintained in such a manner as to ensure
that the waste receptacle Dumpster is not visible from ground level.
(c) The enclosure shall have a gate that is of sufficient width so that the waste
receptacle Dumpster is easily accessible by a front-end loading refuse collection
truck. Said truck requires 12 feet of unobstructed access.
(d) The base of the enclosure shall contain a six-inch-thick reinforced concrete pad
of a size suitable for the waste receptacle Dumpster in use at that location.
(2) Those customers whose site receives containerized service and whose use of or
improvement to the service site requires site plan approval or approval of minor change
of use, shall also comply with the rules and regulations regarding enclosure dimensions,
materials, location, and other physical attributes, as may be promulgated and amended
from time to time by the director of Solid Waste/General Services solid waste .
(3) Every containerized customer who receives containerized service shall assume all
risk and shall indemnify, defend, and save harmless the City of Clearwater from and
against all loss, damage, cost or expense for the enclosure which is not due to the
negligence of the City of Clearwater.
Attachment number 3
Page 13 of 27
14
(4) No final building inspection shall be undertaken nor certificate of occupancy issued for
any site which has not complied with the enclosure requirements contained in this
section.
(a) Any residential customer obtaining service for any multiple-family residence, and
who is not otherwise subject to the requirements of section 32.321, shall provide an
enclosure for recycling containers. These recycling enclosures shall be located so
that the recycling containers are easily accessible by the residents, and by the refuse
collectors, using front-end rearloading vehicles. The enclosures shall be constructed
so that the recycling containers are not visible from any public right-of-way. In
addition, the director of Solid Waste/General Services solid waste or designee shall
have the authority to review the proposed location and construction of such
enclosures to ensure that they meet the criteria of this section, and also to ensure
that any applicable building and safety code provisions are complied with.
(5) The Solid Waste/General Services solid waste director shall have the authority to
waive some or all requirements of this section, except those relating to accessibility and
location, in those cases in which the customer demonstrates that:
(a) The waste receptacle Dumpster or recycling container would not be visible at
ground level from any adjacent right-of-way or property, due to the existences of
walls, fences, or other screening on site in compliance with this Code; or
(b) Enforcement of this section would result in extreme hardship.
(6) All enclosures are required to be constructed in accordance with the City of
Clearwater specifications.
(7) Placement of containers. Subscribers or private collectors authorized to
provide services under this article shall not place any container or receptacle for
solid waste or recycling outside of any building or structure without first having
obtained permission from the City approving location of such container.
Sec. 32.285. Collection and disposal by commercial establishments, private
individuals and outside collectors.
(1) Requirement for vehicles. All transported refuse shall be containerized or tarped, and
vehicles used for hauling shall be licensed by the city and approved by the director of
Solid Waste/General Services solid waste. The actual producers of solid waste or the
owners of premises upon which solid waste is accumulated who desire personally to
collect and dispose of such solid waste, persons who desire to dispose of waste material
not included in the definition of solid waste and solid waste collectors from outside of the
city who desire to haul solid waste over the streets of the city, shall use a water-tight
vehicle provided with a tight cover and shall operate the vehicle so as to prevent
offensive odors escaping therefrom and materials from being blown, dropped or spilled.
(2) Rules and regulations. The director of Solid Waste/General Services solid waste
shall have the authority to adopt reasonable and necessary regulations concerning
private collection and disposal and the hauling of solid waste over city streets by outside
collectors.
Attachment number 3
Page 14 of 27
15
* * * * * * * * * *
DIVISION 2. PERMIT FOR ROLL-OFF CONTAINER AND/OR WASTE RECEPTACLE
SERVICE
Sec. 32.288. Required.
A permit is required by this division for persons or companies placing or servicing roll-off
containers, whether installed permanently or temporarily within the city.
Pursuant to section 32.272(1), it shall be unlawful for any party, other than the City,
to engage in the business of collecting, removing, or disposing of construction or
demolition debris and commercial or industrial waste. However, a sole proprietor or
corporate entity placing or servicing a roll-off container or waste receptacle for the
purpose mentioned in this section shall be required to procure a permit to legally
continue such business activity without penalty, and hereinafter be known as
Permitee, only under the following conditions: (1) yearly application of an already
existing permit, so long as Permitee has adhered by all the permit application
requirements in section 32.289, (2) a permit may be issued when, pursuant to section
32.293(3), the City first determines that it is unable or unwilling to collect, remove or
dispose of a particular type or volume of refuse, or (3) when such sole proprietor or
corporate entity only services individual trailers or other similar rubber tire vehicles
that are no larger than fifteen (15) cubic yards.
Sec. 32.289. Application.
Every sole proprietor or corporate entity person required to procure the permit for roll-
off container, or waste receptacle service provided for in section 32.288 shall submit an
application for such permit to the city manager or designee. The application shall:
(1) Be a written statement upon forms provided by the City. Such application form shall
include an affidavit to be sworn to by the applicant before a notary public of the state.
(2) Require the disclosure of all information necessary in compliance with this division.
(3) Be accompanied by a permit fee in the amount set out in appendix A to this Code.
(4) Be submitted to the city manager or designee together with all pertinent information
required in this division, in order that a determination can be made by the city manager or
designee.
(5) Contain a complete record of all arrests and convictions against the applicant and
every partner, officer or director of the applicant for violations of any and all laws and
ordinances of the city, county, state or federal government.
(5)(6) Contain the names of employees responsible for the operation of applicant's
business, meaning those who will manage, administer and supervise the business under
the permit when issued. , including the amount of experience possessed by each such
employee. If such employee is other than a partner or director of the applicant, then each
such employee shall complete a city police department background information report,
Attachment number 3
Page 15 of 27
16
executed under oath, and submit to a background investigation, photograph and
fingerprints.
(6)(7) Contain the following additional information:
(a) Number, type and size of waste collection vehicles in use;
(b) Number of employees assigned to each waste collection vehicle;
(c) Name and location of every establishment in the city, including short-term
construction sites, where roll-off containers or waste receptacles are placed and
serviced by the applicant.
(7) Be accompanied by copies of all contracts or options for the servicing or
placing of roll-off containers or waste receptacles within the City of Clearwater. For
permitting purposes only, the City shall honor existing private servicing contracts
for the remainder of the contract term or for five (5) years from the date of
execution, whichever is shorter, provided that such contract or option was in effect
on or before June 4, 2009. If the applicant is unable to provide copies of contracts
or options, as required by this section, applicant shall be ineligible to obtain a
permit.
(8) Disclose all previous business names, current subsidiaries, parent companies
or any successors.
Sec. 32.290. Prerequisites to issuance.
In determining whether or not a permit for the placement or servicing of a roll-off
container or waste receptacle should be issued, the city manager or designee shall
consider and base his the decision on the following:
(1) A review of the material submitted pursuant to section 32.289;
(2) A review of all convictions of the applicant, the reasons therefore and the conduct of
the applicant subsequent to release;
(3) The license history of each applicant;
(2) (4)The certificate of approval of the city manager or designee to the effect that the
applicant has satisfied the following:
(a) The adequacy of the equipment to be used, as used in this subsection,
adequacy of equipment shall mean that the roll-off container and/or waste
receptacle does not present a danger or nuisance, is structurally sound,
and has markings identifying the current owner of such equipment, such
markings shall include the sole proprietor or corporate entity name, phone
number, and container number;
(b) The applicant has agreed to remit to the city each month a fee of 15% of the
monthly gross revenue billed by Permitee, as set out in Appendix A to this Code,
accompanying the remittance, the Permitee shall supply invoice copies
Attachment number 3
Page 16 of 27
17
corroborating the monthly gross revenue derived from servicing locations
within the City of Clearwater. and the applicant has agreed to furnish a duplicate
copy of the applicant's monthly billing; Moreover, a Permitee shall also provide to
the director of Solid Waste/General Services a monthly report identifying
collections made within the City, together with the appropriate service
addresses for such collections. The report, remittance, and invoice copies are
due no later than the last business day of the following month;
(c) The applicant has agreed to make all books and records applicable to the
business conducted under the permit required by section 32.288 available to the city
for inspection and audit;
(d) The applicant has provided a copy of a certificate of insurance demonstrating that
the applicant's employees performing work pursuant to the permit are covered by
workers' compensation insurance.
* * * * * * * * * *
Sec. 32.292. Liability insurance.
The holder of a permit for roll-off container and/or waste receptacle service issued
pursuant to this division shall maintain in effect at all times public liability insurance in the
minimum amounts of $500,000.00 single limit for personal injuries arising out of one
occurrence and $100,000.00 property damage, and shall f urnish the city a certificate
evidencing such insurance. The city shall be named as an additional insured under such
insurance. The permit holder shall furnish a certificate of insurance demonstrating
compliance with the requirements of this section.
Sec. 32.293. Roll-off and/or waste receptacle permit application, Ttermination, denial
renewal.
(1) All permits for roll-off container and/or waste receptacle service issued pursuant to
this division shall be valid for not more than one year and shall terminate on December
31st September 30 of each year. Regardless of date of issuance, issuance fee shall
be the full amount as stated in Appendix A.
(2) Applicants Each permit holder shall complete make a written application for renewal
on forms provided by the city manager or designee on or before January 1 October 1 of
each calendar year. The application shall be accompanied by the fee as stated in
Appendix A. which renewal application shall update the information provided by the
initial application and shall be accompanied by a fee in the amount required for initial
applications.
(3) Applications for renewal shall be processed in the same manner as an initial
application.
(3)(4) No permits required by this division shall be renewed, and no new permit shall be
issued to any sole proprietor or corporate entity person unless the city manager or
designee determines that the city is unable or unwilling to collect, remove or dispose of
a particular type or volume of that refuse. certain garbage, rubbish and other
accumulations.
Attachment number 3
Page 17 of 27
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(4)(5) Such permit may be terminated or denied by the city manager but only after the
procedure set out in section 29.41(2) has been followed. Notwithstanding the procedure
set out in section 29.41(2), appeal of the city manager's decision to terminate or deny a
new permit or renewal shall be to the city council. commission
(5) (6) The granting or renewal of a permit pursuant to this division shall not be construed
as a grant of a franchise or of vested rights.
(6) No permit shall be issued to any applicant who is delinquent in remittance of
franchise fees, penalties, or interest.
(7) The permit issued to the applicant shall not be transferable.
(8) No permit shall be issued after all Permitee’s contracts or options to service or
place roll-off containers and/or waste receptacles within the City of Clearwater
have terminated or such contracts cease to be enforceable.
Sec. 32.294. Revocation or suspension.
The city manager or designee, after affording the permitee holder of a permit for roll-off
container or waste receptacle service notice of the charges and opportunity to be heard with
respect to any revocation proceedings, may, if the city manager finds this article to have been
violated or that false statements were made on any application or application for renewal or
on any submittal required by this division by the permitee permit holder, agent or employee,
revoke the permit in its entirety, suspend the permit for a stated period of time, place the
permitee permit holder on probation, or place other conditions thereon as the city manager
or designee finds necessary.
Sec. 32.295. Rates.
Rates for roll-off container and or waste receptacle service are listed in Appendix A -
Schedule of Fees, Rates and Charges, Section XXV, Public Works Utility Fees, Rates and
Charges.
Sec. 32.296. Prohibition.
No hazardous or medical waste shall be placed in City of Clearwater roll-off containers
and/or waste receptacles compactors. Hazardous and/or medical waste shall be disposed
of by authorized contractors in compliance with federal, state and local laws and regulations.
DIVISION 3. RECOVERED MATERIALS DEALERS*
Sec. 32.311. Required.
(1) After February 1, 1994 A recovered materials dealer shall provide to the Solid
Waste/General Services solid waste director of the city a copy of the certification
required by F.S. § 403.7046, prior to engaging in business within the city. In addition, a
recovered materials dealer shall register with the Solid Waste/General Services solid
waste director of the city prior to engaging in business within the city.
Attachment number 3
Page 18 of 27
19
(2) Recovered materials generated at commercial establishments within the city shall be
source-separated at the premises of the commercial establishment.
Sec. 32.312. Prohibition.
(1) Any person, sole proprietor or corporate entity not certified under F.S. § 403.7046,
as required is expressly prohibited from doing business as a recovered materials dealer
within the city.
(2) The city expressly reserves the right to provide for the exclusive collection,
transportation and processing of recovered materials from single-family or multi-family
residential properties or to enter into an exclusive franchise for such services to these
properties, or any combination thereof, at the option of the city.
(3) Certified recovered materials dealers are limited to providing service to commercial
establishments only.
(4) Only recovered materials may be removed from the commercial solid waste stream.
Sec. 32.313. Recovered Materials Dealer registration, termination, denial.
Every sole proprietor person or corporate entity hauling, collecting, receiving,
and/or processing recovered materials shall be required to register as a recovered
materials dealer shall register with the director of Solid Waste/General Services. solid waste
The registration shall:
(1) Include a completed written registration on the forms provided by the city
manager or designee on or before October 1 of each year. Be a written
statement upon forms provided by the city. Such registration forms shall include an
affidavit to be sworn to by the registrant before a notary public. Regardless of
issuance date, issuance fee shall be the full amount as stated in Appendix A.
(2) Require the disclosure of all information necessary in compliance with this
division.
(2) (3) Be accompanied by a registration fee in the amount set out in Appendix A to
this Code.
(4) Be submitted to the city manager by the director of solid waste together with all
pertinent information required in this division, in order that a determination can be
made by the city manager .
(3) (5) Contain the name of the dealer, including the owner or operator of the dealer,
its general and limited partners if a partnership, its corporate officers and directors if a
corporation, its permanent place of business, evidence of certification under F.S.
§403.7046, and a certification that the recovered materials will be processed at a
recovered materials processing facility satisfying the requirements of F.S. §403.7046.
Attachment number 3
Page 19 of 27
20
(4) Registration may be terminated or denied by the director of Solid
Waste/General Services upon compliance with the procedure set forth in
section 29.41 (2).
(5) Registration pursuant to this division shall not be construed as a grant of a
franchise or vested interest.
(6) Registration shall not be transferable.
Sec. 32.314. Reporting.
Each certified recovered materials dealer registered with the city shall provide to the
director of Solid Waste/General Services solid waste a quarterly report identifying the types
and tonnages of recovered materials from the City of Clearwater that were collected,
recycled, or used during the reporting period; the approximate percentage of recovered
materials reused, stored or delivered to a recovered materials processing facility or disposed
of in the solid waste disposal facility; and the locations where any recovered materials were
disposed of as solid waste. Each quarterly report shall be due not later than the last business
day of the month following the end of each calendar quarter.
Sec. 32.315. Termination, denial, renewal.
(1) All registrations for recovered materials dealers doing business within the city shall be
valid for not more than one year, and shall terminate on December 31 of each year.
(2) Each registrant shall make a written application for renewal of registration on forms
provided by the director of solid waste works on or before October 1 of each calendar
year, which renewal application shall update the information provided by the initial
application and shall be accompanied by a fee in the amount required for initial
applications.
(3) Applications for renewal shall be processed in the same matter as an initial
application.
(4) Registration may be terminated, or an applications for renewal may be denied, by the
director of solid works upon compliance with the procedure set forth in section 29.41(2).
(5) Registration or the renewal of a registration pursuant to this division shall not be
construed as a grant of a franchise or a vested right.
Sec. 32.3156. Revocation or suspension.
The city manager or designee, after affording the registrant notice of the charges and an
opportunity to be heard with respect with to any revocation proceedings, may, if the city
manager finds this article to have been violated or that false statements were made on any
report, application or application for renewal or on any submittal required by this division by
the applicant, agent or employee, revoke the registration in its entirety, suspend the
registration for a stated period of time, place the registrant on probation or place other
conditions thereon as the city manager or designee finds necessary.
Attachment number 3
Page 20 of 27
21
DIVISION 4. RECYCLING BY CITY
Sec. 32.320. Curbside.
(1) Curbside recycling shall be provided made available to residential, office, and
hotel/motel units which are served by rearloader or sideloader solid waste collection and
a fee shall be assessed in the amount set out in Appendix A to this Code.
(2) Curbside recycling collection will be once-weekly. A recycling container will be
furnished by the city along with instructional materials providing the necessary
information for proper participation to include the designation of the collection day.
(3) Curbside recycling containers placed near the curb, street or alley shall be placed
there no earlier than 7:00 p.m. on the evening preceding the collection day and must be
removed to a point at the side or rear of the structure by 7:00 a.m. of the following day.
Any container not removed will be tagged by the Solid Waste/General Services
Department code enforcement/solid waste department with a warning. Repeat violators
will be subject to a fine in the amount set forth in section 32.281(3)(a), which will be
placed on the customer's utility bill.
Sec. 32.321. Multi-family recycling.
Multi-family recycling shall be provided will be offered to complexes within the city. The
program will be phased in by the solid waste department.
(1) A the fee shall be assessed in the amount set out in schedule for multifamily
recycling will be provided Appendix A to this Code.
(2) Multi-family recycling may be will be tailored to the needs of each complex and is will
be integrated into a full-service solid waste management program.
(3) Repeated contamination of the recyclable materials collected by the Solid
Waste/General Services Department will result in a rejection of service, and the
recipient of said service shall still be responsible for paying all applicable fees as
stated in Appendix A to this code.
Sec. 32.322. Commercial recycling.
Commercial recycling may will be provided by the Ssolid Wwaste/General Services
Ddepartment in competition with certified recovered materials dealers registered with the city.
The Solid Waste/ General Services Ddepartment solid waste will provide customized
recycling service to commercial establishments tailored to the needs of the establishment and
integrated into a total solid waste management program. Commercial recycling base rates
will be set out in Appendix A to this Code, and such base rates may be amended from time to
time by resolution adopted by the city council commission. The city manager or designee
may adjust the rates upwards or downwards in order to be cost-competitive compete
effectively with private recovered materials dealers operating within the city.
* * * * * * * * * *
Attachment number 3
Page 21 of 27
22
Section 2. Appendix A, Article XXV Public Works – Fees, Rates and Charges is hereby
amended as follows:
* * * * * * * * * *
(c) Solid waste collection rates.
1. Monthly charges for twice-weekly collection of solid waste in prescribed containers.
a. Single-family and multiple-family dwellings.
(i) Curbside pickup: One 90-gallon container will be provided for automated service for each
living unit. Additional 90-gallon containers will be provided at the discretion of the director of
Solid Waste/General Services solid waste at the rate specified below. Where routes are
automated, automated service shall be the only option.
TABLE INSET:
Effective
10/1/2007
10/1/2008
10/1/2009
10/1/2010
10/1/2011
Each living unit,
minimum $21.48 $22.55 $23.68 $24.86 $26.10
Each additional
container 21.48 22.55 23.68 24.86 26.10
(ii) Side or rear yard premium service building collection: Manual pickup has a limit of two
containers per living unit, each having a capacity no larger than 32 gallons. For each
additional 32-gallon or smaller container for side or rear yard premium service pickup, the
fee specified below will be charged. for side or rear yard premium service of each 32-gallon
container.
TABLE INSET:
Effective
10/1/2007
10/1/2008
10/1/2009
10/1/2010
10/1/2011
Each living unit $42.96 $45.10 $47.36 $49.72 $52.20
Each additional
container 14.99 15.74 16.53 17.36 18.23
(iii) Base charge: The base charge will be included in the monthly charge for active accounts
as specified below. Dormant accounts will be assessed the base charge for each account.
TABLE INSET:
Effective
10/1/2007
10/1/2008
10/1/2009
10/1/2010
10/1/2011
Each account,
minimum $7.14 $7.50 $7.88 $8.28 $8.70
(iv) Service outside of the municipal limits. Accounts outside the City limits shall be
assessed 125% of the city’s monthly charges for curbside service for twice-weekly
collection for each unit.
b. Motels, apartment motels, or apartments renting by day or week; all containers serving
the premises shall be centrally located at one collection point.
(i) Curbside pickup:
First living unit, minimum
Attachment number 3
Page 22 of 27
23
TABLE INSET:
Effective
10/1/2007 10/1/2008 10/1/2009 10/1/2010 10/1/2011
$21.48 $22.55 $23.68 $24.86 $26.10
All additional living units, per unit
TABLE INSET:
Effective
10/1/2007 10/1/2008 10/1/2009 10/1/2010 10/1/2011
$11.25 $11.82 $12.41 $13.03 $13.68
(ii) Side or rear yard premium service building collection:
First living unit, minimum
TABLE INSET:
Effective
10/1/2007 10/1/2008 10/1/2009 10/1/2010 10/1/2011
$42.96 $45.10 $47.36 $49.72 $52.20
All additional living units, per unit
TABLE INSET:
Effective
10/1/2007 10/1/2008 10/1/2009 10/1/2010 10/1/2011
$21.48 $22.55 $23.68 $24.86 $26.10
c. Motels, apartment motels, or apartments renting by day or week with commercial
containers. In accordance with the schedule in subsection (3)(c)2.a. of this section.
d. Commercial buildings of all types such as stores, hotels, factories, filling stations, service
establishments and the like with separate water metering for twice weekly collection.
(i) Curbside pickup, minimum
TABLE INSET:
Effective
10/1/2007 10/1/2008 10/1/2009 10/1/2010 10/1/2011
$21.48 $22.55 $23.68 $24.86 $26.10
(ii) Side or rear yard premium service building collection :
Two containers, minimum
TABLE INSET:
Effective
10/1/2007 10/1/2008 10/1/2009 10/1/2010 10/1/2011
$42.96 $45.10 $47.36 $49.72 $52.20
Each additional container
TABLE INSET:
Effective
10/1/2007 10/1/2008 10/1/2009 10/1/2010 10/1/2011
$14.99 $15.74 $16.53 $17.36 $18.23
(iii) Commercial containers: In accordance with the schedule in subparagraph (3)(c)2.c of this
section.
Attachment number 3
Page 23 of 27
24
e. Each building containing four or more separate business or professional offices and one
common water meter.
(i) Curbside pickup:
First eight containers
TABLE INSET:
Effective
10/1/2007 10/1/2008 10/1/2009 10/1/2010 10/1/2011
$89.88 $94.38 $99.10 $104.06 $109.26
Each container in excess of eight
TABLE INSET:
Effective
10/1/2007 10/1/2008 10/1/2009 10/1/2010 10/1/2011
$13.19 $13.85 $14.55 $15.28 $16.05
(ii) Side or rear yard premium service building collection:
First eight containers
TABLE INSET:
Effective
10/1/2007 10/1/2008 10/1/2009 10/1/2010 10/1/2011
$179.76 $188.76 $198.20 $208.12 $218.52
Each container in excess of eight
TABLE INSET:
Effective
10/1/2007 10/1/2008 10/1/2009 10/1/2010 10/1/2011
$26.36 $27.68 $29.06 $30.51 $32.04
(iii) Commercial containers: In accordance with the schedule in subparagraph (3)(c)2.c. of
this section.
2. Monthly charges for daily commercial (except Saturday, Sunday and holidays) collection
for solid waste in prescribed containers.
a. Curbside pickup:
(i) One container, minimum
TABLE INSET:
Effective
10/1/2007 10/1/2008 10/1/2009 10/1/2010 10/1/2011
$56.19 $59.00 $61.95 $65.05 $68.30
(ii) Each additional container
TABLE INSET:
Effective
10/1/2007 10/1/2008 10/1/2009 10/1/2010 10/1/2011
$56.19 $59.00 $61.95 $65.05 $68.30
b. Side or rear yard premium service building collection:
(i) One container, minimum
* * * * * * * * * *
Attachment number 3
Page 24 of 27
25
4. The charges set forth above shall be subject to adjustment for increases or decreases in
the dump fee. Uniform increases or decreases shall be recommended by the director of
Solid Waste/General Services solid waste and approved by the city manager, and a copy
of the adjusted charges shall be filed with the city clerk. Other increases or decreases shall
be subject to approval by the adoption of an ordinance by the city council commission , upon
the recommendation of the city manager.
5. Each single-family or multi-family dwelling customer will be allowed up to 4 (four)
additional complimentary yard waste pick-ups beyond the once-weekly yard waste
collection implicit in 32.281(1)(a), per 12-month period providing the combined yardage
of the 4 (four) pick-ups does not exceed a total of 40 (forty) cubic yards during that 12
month period.
6. Waste receptacles excluding residential refuse containers shall be eligible for two
cleanings per year at no charge. Any subsequent cleaning shall incur a $100.00 per
waste receptacle charge.
(d) Recycling.
1. Recovered materials dealer annual application fee (effective 10/1/2007) . . . $57.50
2. Curbside recycling:
a. Monthly charges for curbside service for once-weekly collection for each unit:
TABLE INSET:
Fiscal Year Beginning October 1,
2007 2008 2009 2010 2011
$2.01 $2.07 $2.13 $2.19 $2.44
b. Charge for additional curbside recycling bins or replacement of bins lost or damaged due
to negligence shall be: Cost plus $1.15 (effective 10/1/2007) handling charge per bin (one-
time charge per delivery).
c. Charge for a curbside recycling bin shall be: Cost plus $1.15 (effective 10/1/2007)
handling charge.
( c) d. Special collection of recyclables where cCity services a bin at the residence or carries
bin to curb, without physician's certification of medical necessity, shall be: Twice the curbside
recycling charge.
(d) e. Service outside of the municipal limits. Accounts outside the City limits shall be have
110% of a ten percent surcharge assessed over and above the city’s monthly charges for
curbside service for once weekly collection for each unit.
3. Monthly charges for multi-family collection of prescribed service initiated before January
1, 1996:
a. Service with semi-automated carts:
* * * * * * * * *
Multi-family complexes serviced with one compartmentalized container cluster of four
equates to one three cubic-yard Ddumpster.
4. Monthly charges for once-weekly collection of recyclables at each multi-family complex
offered after January 1, 1996, will be for each living unit:
TABLE INSET:
Effective 10/1/2008 10/1/2009 10/1/2010 10/1/2011
Attachment number 3
Page 25 of 27
26
10/1/2007
$1.49 $1.54 $1.59 $1.64 $1.82
Billing for recycling service offered before June 1996, will commence June 1, 1996. Billing for
service offered after June 1, 1996, will commence in the appropriate billing cycle of the month
following.
5. Monthly charges for commercial collection represents the target level of commercial
recycling from which the Solid Waste/General Services Department solid waste division
will flex up or down to be cost-competitive with certified recovered materials dealers (private
recycling companies) operating within Clearwater.
a. The target level charge for service with semi-automated carts shall be charged on the
same basis as rates included in 3.a.
b. The target level charge for service with non-compacted commercial containers shall be
the same as rates included in 3.b. above.
* * * * * * * * *
(5) Other miscellaneous charges:
* * * * * * * * * *
(b) Solid waste roll-off container or waste receptacle service:
(i) Private service fees:
1. Permit fee to place or service roll-off containers or waste receptacles (§ 32.292(3)),
(effective 10/1/2007) . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $56.50
2. Monthly fee of 15 percent of the gross revenue billed by permit holder Permitee for from
the installation, pull, disposal or any servicing of roll-off containers or waste receptacles
within the city for the preceding month including roll-off containers installed permanently or
and temporarily. For the purposes of this section gross revenues shall include but not
be limited to fuel surcharge, overweight or any other charges excluding penalty and/or
late charges. (§ 32.293(4)(b)).
(ii) Public service fees:
1. Monthly fee of 15 percent of the gross revenue billed by permit holder the City for from
the installation, pull, disposal or any servicing of roll-off containers or waste receptacles
within the city for the preceding month including roll-off containers installed permanently or
and temporarily. For the purposes of this section, gross revenues shall include but not
be limited to fuel surcharge, overweight or any other charges excluding penalty and/or
late charges.
2. Pull charges. A pull being the hauling, dumping and returning of a roll-off container or
waste receptacle one round trip:
In the City of Clearwater
* * * * * * * * * *
3. Deposits.
a. Roll-off container/and or waste receptaclecompactor. A $400.00 deposit will be
charged for each roll-off and/or waste receptacle compactor.
b. Open top container. A $400.00 deposit will be charged for open top roll-off containers.
Service charges will be assessed against the deposit until it is insufficient to cover the next
pull and disposal bill. At that time the customer will be required to make a payment on
account or replenish the deposit in order to cover the next service billing.
Attachment number 3
Page 26 of 27
27
bc. The initial deposit may be set at less than the normal two-month level upon determination
of being in business for two years or more or otherwise providing satisfactory credit
worthiness and by executing a special deposit/payment agreement approved by the director
of Solid Waste/General Services solid waste which provides for a more rapid payment
schedule than normal.
4. Billing. Roll-off containers and/or waste receptacle service will be billed for a
combination of the pull charge, disposal fee and any other roll-off services rendered.
5. Other service charges.
a. Rental. A $3.40 (effective 10/1/2007) per day rental charge will be assessed for
containers not pulled and dumped a minimum of once each month.
b. Rinse and deodorize (effective 10/1/2007) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $24.57
c. Overload charge for any container loaded above the rim (effective 10/1/2007) . . .$56.50
d. Damage. Damage to container will be assessed at actual cost of repair.
e. Enforcement. Any charges assessed against a city roll-off vehicle for overweight or
overloading will be paid by the customer to whom the container service is provided.
f. Malfunction. Containers that are damaged and/or not maintained properly and cannot be
dumped will be returned to the owner for repair and a pull charge assessed for the trip. After
repair, a second pull charge will be assessed for the pull along disposal fee and other
appropriate charges.
g. Premium service. Any roll-off container or waste receptacle service required after duty
hours or on weekends or holidays where overtime must be paid will be billed to the customer
at time and one-half or 150 percent of the established charge.
h. Placement or retrieval. A $56.50 (effective 10/1/2007) charge will be assessed for the
placement or retrieval of a container requested and not used or returned without an
associated pull charge.
i. Lease and service rates. Lease and service rates for compactors will be based upon the
size, type and installation requirements of the compactor as determined by the director of
Solid Waste/General Services solid waste.
6. Charges for roll-off container or waste receptacle service represents the target level of
charges for the services rendered from which the Ssolid Wwaste/General Services
Ddepartment will flex up or down to be cost-competitive effective while providing the most
economical service to customers.
* * * * * * * * *
Section 3. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING ______________________________
PASSED ON SECOND AND FINAL _______________________________
READING AND ADOPTED
____________________________________
Frank V. Hibbard
Mayor
Approved as to form: Attest:
__________________________ __________________________
Camilo A. Soto Cynthia E. Goudeau
Assistant City Attorney City Clerk
Attachment number 3
Page 27 of 27
Work Session
Council Chambers - City Hall
Meeting Date:6/1/2009
SUBJECT / RECOMMENDATION:
Water Management Trends Presentation
SUMMARY:
Review Approval:1) Clerk
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WATER MANAGEMENTWATER MANAGEMENT
TRENDS
WATER MANAGEMENTWATER MANAGEMENT
TRENDS
Public Utilities DepartmentPublic Utilities DepartmentPublic Utilities DepartmentPublic Utilities Department
Tracy Mercer, M.B.A.Tracy Mercer, M.B.A.Tracy Mercer, M.B.A.Tracy Mercer, M.B.A.
June 2009June 2009June 2009June 2009
••Protect public health and safetyProtect public health and safety
••Develop awareness and conservationDevelop awareness and conservation
••Protect the environmentProtect the environment
••Protect public health and safetyProtect public health and safety
••Develop awareness and conservationDevelop awareness and conservation
••Protect the environmentProtect the environment
PUBLIC WATER SUPPLY BASICSPUBLIC WATER SUPPLY BASICSPUBLIC WATER SUPPLY BASICSPUBLIC WATER SUPPLY BASICS
••Protect the environmentProtect the environment
••Balance needsBalance needs
••Manage resourcesManage resources
••Protect the environmentProtect the environment
••Balance needsBalance needs
••Manage resourcesManage resources
SOURCES OF WATERSOURCES OF WATERSOURCES OF WATERSOURCES OF WATER
••Ground water (wells)Ground water (wells)
••Surface water Surface water
(lakes, ponds, reservoirs)(lakes, ponds, reservoirs)
••Ground water (wells)Ground water (wells)
••Surface water Surface water
(lakes, ponds, reservoirs)(lakes, ponds, reservoirs)(lakes, ponds, reservoirs)(lakes, ponds, reservoirs)
••OtherOther
––Desalination (brackish, sea)Desalination (brackish, sea)
––Reclaimed water Reclaimed water
(ground water replenishment)(ground water replenishment)
(lakes, ponds, reservoirs)(lakes, ponds, reservoirs)
••OtherOther
––Desalination (brackish, sea)Desalination (brackish, sea)
––Reclaimed water Reclaimed water
(ground water replenishment)(ground water replenishment)
CLEARWATER’SCLEARWATER’S
WATER HISTORYWATER HISTORY
CLEARWATER’SCLEARWATER’S
WATER HISTORYWATER HISTORY
••Groundwater quality changesGroundwater quality changes
––Increased mineralizationIncreased mineralization
••Groundwater quality changesGroundwater quality changes
––Increased mineralizationIncreased mineralization––Increased mineralizationIncreased mineralization
••79 wells installed79 wells installed
••60 abandoned 60 abandoned ––too close to coasttoo close to coast
••Target aquifer with best qualityTarget aquifer with best quality
––Slightly brackishSlightly brackish
––Increased mineralizationIncreased mineralization
••79 wells installed79 wells installed
••60 abandoned 60 abandoned ––too close to coasttoo close to coast
••Target aquifer with best qualityTarget aquifer with best quality
––Slightly brackishSlightly brackish
WATER SYSTEMWATER SYSTEMWATER SYSTEMWATER SYSTEM
••Serves population of ~ 110,000Serves population of ~ 110,000
••Demand of approx 12.3 mgdDemand of approx 12.3 mgd
••Clearwater provides 30% of Clearwater provides 30% of
••Serves population of ~ 110,000Serves population of ~ 110,000
••Demand of approx 12.3 mgdDemand of approx 12.3 mgd
••Clearwater provides 30% of Clearwater provides 30% of ••Clearwater provides 30% of Clearwater provides 30% of
own water locally (19 wells)own water locally (19 wells)
••Clearwater imports 70% of Clearwater imports 70% of
supply from Pinellas Countysupply from Pinellas County
••Clearwater provides 30% of Clearwater provides 30% of
own water locally (19 wells)own water locally (19 wells)
••Clearwater imports 70% of Clearwater imports 70% of
supply from Pinellas Countysupply from Pinellas County
CITY WATER FACILITIESCITY WATER FACILITIESCITY WATER FACILITIESCITY WATER FACILITIES
••SupplySupply
––19 Wells (Permitted 6.25 MGD)19 Wells (Permitted 6.25 MGD)
––Pinellas County (15 MGD)Pinellas County (15 MGD)
••Treatment (Capacity 25 MGD)Treatment (Capacity 25 MGD)
••SupplySupply
––19 Wells (Permitted 6.25 MGD)19 Wells (Permitted 6.25 MGD)
––Pinellas County (15 MGD)Pinellas County (15 MGD)
••Treatment (Capacity 25 MGD)Treatment (Capacity 25 MGD)••Treatment (Capacity 25 MGD)Treatment (Capacity 25 MGD)
––3 MGD (Treat 2 / Blend 1)3 MGD (Treat 2 / Blend 1)
––WTP #1 (RO) 4.5 MGD designWTP #1 (RO) 4.5 MGD design
••StorageStorage
––6 Storage Tanks (22 MG)6 Storage Tanks (22 MG)
••Transmission & DistributionTransmission & Distribution
––560 miles of pipeline560 miles of pipeline
••Treatment (Capacity 25 MGD)Treatment (Capacity 25 MGD)
––3 MGD (Treat 2 / Blend 1)3 MGD (Treat 2 / Blend 1)
––WTP #1 (RO) 4.5 MGD designWTP #1 (RO) 4.5 MGD design
••StorageStorage
––6 Storage Tanks (22 MG)6 Storage Tanks (22 MG)
••Transmission & DistributionTransmission & Distribution
––560 miles of pipeline560 miles of pipeline
S E R V I C E A R E AS E R V I C E A R E AS E R V I C E A R E AS E R V I C E A R E A
W A T E R F A C I L I T I E S W A T E R F A C I L I T I E S
WTP
#3
In service well
Proposed
production well
RO
#1 RO
#2
••Expand WTP #3Expand WTP #3 [2009][2009]
––5 new wells and 2 rehabilitated5 new wells and 2 rehabilitated
••Expand RO 1 Expand RO 1 [2010][2010]
••Expand WTP #3Expand WTP #3 [2009][2009]
––5 new wells and 2 rehabilitated5 new wells and 2 rehabilitated
••Expand RO 1 Expand RO 1 [2010][2010]
MASTERMASTER
WATER SUPPLY PLANWATER SUPPLY PLAN
MASTERMASTER
WATER SUPPLY PLANWATER SUPPLY PLAN
••Expand RO 1 Expand RO 1 [2010][2010]
––5 new wells, 1 rehabilitated, 4 relocated5 new wells, 1 rehabilitated, 4 relocated
••Develop new supply & RO Plant at Develop new supply & RO Plant at
WTP #2 WTP #2 [2014][2014]
––12 new wells12 new wells
••Expand RO 1 Expand RO 1 [2010][2010]
––5 new wells, 1 rehabilitated, 4 relocated5 new wells, 1 rehabilitated, 4 relocated
••Develop new supply & RO Plant at Develop new supply & RO Plant at
WTP #2 WTP #2 [2014][2014]
––12 new wells12 new wells
••EPA & FDEP regulate utility operationEPA & FDEP regulate utility operation
••1010--year SWFWMD permityear SWFWMD permit
––Expires December 2010 (withdrawal Expires December 2010 (withdrawal
••EPA & FDEP regulate utility operationEPA & FDEP regulate utility operation
••1010--year SWFWMD permityear SWFWMD permit
––Expires December 2010 (withdrawal Expires December 2010 (withdrawal
WATER SUPPLY SYSTEMWATER SUPPLY SYSTEMWATER SUPPLY SYSTEMWATER SUPPLY SYSTEM
––Expires December 2010 (withdrawal Expires December 2010 (withdrawal
of up to 6.25 MGD)of up to 6.25 MGD)
––Expansion of RO 1 Plant Expansion of RO 1 Plant
(additional 1.5 MGD)(additional 1.5 MGD)
––Incorporates 14 new wellsIncorporates 14 new wells
––Expires December 2010 (withdrawal Expires December 2010 (withdrawal
of up to 6.25 MGD)of up to 6.25 MGD)
––Expansion of RO 1 Plant Expansion of RO 1 Plant
(additional 1.5 MGD)(additional 1.5 MGD)
––Incorporates 14 new wellsIncorporates 14 new wells
WATER SUPPLY COSTSWATER SUPPLY COSTSWATER SUPPLY COSTSWATER SUPPLY COSTS
••Pinellas County’s wholesale Pinellas County’s wholesale
cost increasingcost increasing
••Evaluated feasibility to Evaluated feasibility to
••Pinellas County’s wholesale Pinellas County’s wholesale
cost increasingcost increasing
••Evaluated feasibility to Evaluated feasibility to ••Evaluated feasibility to Evaluated feasibility to
expand supply developmentexpand supply development
••Commissioned 1999 Study Commissioned 1999 Study --
Water Supply Source Water Supply Source
AlternativesAlternatives
••Evaluated feasibility to Evaluated feasibility to
expand supply developmentexpand supply development
••Commissioned 1999 Study Commissioned 1999 Study --
Water Supply Source Water Supply Source
AlternativesAlternatives
WATER SUPPLYWATER SUPPLY
ALTERNATIVES STUDYALTERNATIVES STUDY
WATER SUPPLYWATER SUPPLY
ALTERNATIVES STUDYALTERNATIVES STUDY
••OptionsOptions
––FeasibleFeasible
••Groundwater Groundwater ––fresh to fresh to
••OptionsOptions
––FeasibleFeasible
••Groundwater Groundwater ––fresh to fresh to ••Groundwater Groundwater ––fresh to fresh to
slightly brackish aquiferslightly brackish aquifer
––Less feasibleLess feasible
••Surface waterSurface water
––Least feasibleLeast feasible
••Seawater desalinationSeawater desalination
••Groundwater Groundwater ––fresh to fresh to
slightly brackish aquiferslightly brackish aquifer
––Less feasibleLess feasible
••Surface waterSurface water
––Least feasibleLeast feasible
••Seawater desalinationSeawater desalination
WATER TREATMENTWATER TREATMENTWATER TREATMENTWATER TREATMENT
••Multiple barrier approachMultiple barrier approach
••Filtering, sedimentation, Filtering, sedimentation,
disinfection (traditional methods)disinfection (traditional methods)
••Multiple barrier approachMultiple barrier approach
••Filtering, sedimentation, Filtering, sedimentation,
disinfection (traditional methods)disinfection (traditional methods)
••Maintain disinfectant levels in Maintain disinfectant levels in
water distribution systemwater distribution system
••Sampling and monitoringSampling and monitoring
••Meeting federal and state Meeting federal and state
standardsstandards
••Maintain disinfectant levels in Maintain disinfectant levels in
water distribution systemwater distribution system
••Sampling and monitoringSampling and monitoring
••Meeting federal and state Meeting federal and state
standardsstandards
WELLSWELLSWELLSWELLS
••Groundwater treatment limiting Groundwater treatment limiting
factorsfactors
––Salt levels / MineralsSalt levels / Minerals
••Groundwater treatment limiting Groundwater treatment limiting
factorsfactors
––Salt levels / MineralsSalt levels / Minerals
••Membrane treatment cost effectiveMembrane treatment cost effective
––Low pressure ROLow pressure RO
••Improved technologyImproved technology
••Cost competitiveCost competitive
••Membrane treatment cost effectiveMembrane treatment cost effective
––Low pressure ROLow pressure RO
••Improved technologyImproved technology
••Cost competitiveCost competitive
FUTURE NET SAVINGSFUTURE NET SAVINGSFUTURE NET SAVINGSFUTURE NET SAVINGS
••Reduces demand on regional Reduces demand on regional
system by 10 mgdsystem by 10 mgd
••Corresponding net annual Corresponding net annual
••Reduces demand on regional Reduces demand on regional
system by 10 mgdsystem by 10 mgd
••Corresponding net annual Corresponding net annual ••Corresponding net annual Corresponding net annual
reduction in cost of reduction in cost of
purchasing regional water purchasing regional water ––
approximately $3Mapproximately $3M
••Corresponding net annual Corresponding net annual
reduction in cost of reduction in cost of
purchasing regional water purchasing regional water ––
approximately $3Mapproximately $3M
U.S. WATER STANDARDSU.S. WATER STANDARDSU.S. WATER STANDARDSU.S. WATER STANDARDS
••Safe Drinking Water Act Safe Drinking Water Act --’74 ’74
(22 regulated containments)(22 regulated containments)
••Currently 91 regulated Currently 91 regulated
••Safe Drinking Water Act Safe Drinking Water Act --’74 ’74
(22 regulated containments)(22 regulated containments)
••Currently 91 regulated Currently 91 regulated ••Currently 91 regulated Currently 91 regulated
contaminantscontaminants
••EPA reviews periodicallyEPA reviews periodically
••Currently 91 regulated Currently 91 regulated
contaminantscontaminants
••EPA reviews periodicallyEPA reviews periodically
SWFWMD STANDARDSSWFWMD STANDARDSSWFWMD STANDARDSSWFWMD STANDARDS
••Impact to Aquifer SystemImpact to Aquifer System
––Monitor Wells RequiredMonitor Wells Required
––Safe Yield QuantitySafe Yield Quantity
••Impact to Aquifer SystemImpact to Aquifer System
––Monitor Wells RequiredMonitor Wells Required
––Safe Yield QuantitySafe Yield Quantity
––Prevent Salt Water IntrusionPrevent Salt Water Intrusion
••Impact to Local EnvironmentImpact to Local Environment
••Impact to Other UsersImpact to Other Users
––Prevent Salt Water IntrusionPrevent Salt Water Intrusion
••Impact to Local EnvironmentImpact to Local Environment
••Impact to Other UsersImpact to Other Users
REGULATION REGULATION
MANAGEMENTMANAGEMENT
REGULATION REGULATION
MANAGEMENTMANAGEMENT
••Florida Water Protection & Florida Water Protection &
Sustainability Program (2005)Sustainability Program (2005)
••Florida Water Protection & Florida Water Protection &
Sustainability Program (2005)Sustainability Program (2005)
––Alternate water suppliesAlternate water supplies
••Drought / Water Shortage Drought / Water Shortage
Rules Rules
––Diverse array of water sources Diverse array of water sources
––Alternate water suppliesAlternate water supplies
••Drought / Water Shortage Drought / Water Shortage
Rules Rules
––Diverse array of water sources Diverse array of water sources
••Climate ChangesClimate Changes
––Water supply planningWater supply planning
••Climate ChangesClimate Changes
––Water supply planningWater supply planning
REGULATION REGULATION
MANAGEMENTMANAGEMENT
REGULATION REGULATION
MANAGEMENTMANAGEMENT
––Frequency of storms/droughtsFrequency of storms/droughts
––Saltwater intrusion from rising Saltwater intrusion from rising
sea levelsea level
––Other impacts to surface and Other impacts to surface and
ground waterground water
––Frequency of storms/droughtsFrequency of storms/droughts
––Saltwater intrusion from rising Saltwater intrusion from rising
sea levelsea level
––Other impacts to surface and Other impacts to surface and
ground waterground water
INTEGRATEDINTEGRATED
WATER MANAGEMENTWATER MANAGEMENT
STRATEGY (IWMS)STRATEGY (IWMS)
INTEGRATEDINTEGRATED
WATER MANAGEMENTWATER MANAGEMENT
STRATEGY (IWMS)STRATEGY (IWMS)
CONSERVECONSERVECONSERVECONSERVECONSERVECONSERVE
PRESERVEPRESERVE
PRODUCEPRODUCE
PROTECTPROTECT
MANAGEMANAGE
CONSERVECONSERVE
PRESERVEPRESERVE
PRODUCEPRODUCE
PROTECTPROTECT
MANAGEMANAGE
NEW TRENDS NEW TRENDS NEW TRENDS NEW TRENDS
••Water shortages will continueWater shortages will continue
––Certain sources off limitsCertain sources off limits
––Global warming/climate changeGlobal warming/climate change
••Water shortages will continueWater shortages will continue
––Certain sources off limitsCertain sources off limits
––Global warming/climate changeGlobal warming/climate change
––Diverse/Alternate sourcesDiverse/Alternate sources
••Treated effluentTreated effluent
••Storm waterStorm water
••BrackishBrackish
––Diverse/Alternate sourcesDiverse/Alternate sources
••Treated effluentTreated effluent
••Storm waterStorm water
••BrackishBrackish
••Worker ShortagesWorker Shortages
––Technical/managerial skillsTechnical/managerial skills
––Trained, capable professionals Trained, capable professionals
••Worker ShortagesWorker Shortages
––Technical/managerial skillsTechnical/managerial skills
––Trained, capable professionals Trained, capable professionals
NEW TRENDS NEW TRENDS NEW TRENDS NEW TRENDS
––Trained, capable professionals Trained, capable professionals
––Required state licensure of all Required state licensure of all
water personnel (distribution)water personnel (distribution)
––Use of TechnologyUse of Technology
––Trained, capable professionals Trained, capable professionals
––Required state licensure of all Required state licensure of all
water personnel (distribution)water personnel (distribution)
––Use of TechnologyUse of Technology
••End of Cheap WaterEnd of Cheap Water
––New sources and treatmentNew sources and treatment
––Desal practicable, affordable, Desal practicable, affordable,
••End of Cheap WaterEnd of Cheap Water
––New sources and treatmentNew sources and treatment
––Desal practicable, affordable, Desal practicable, affordable,
NEW TRENDS NEW TRENDS NEW TRENDS NEW TRENDS
––Desal practicable, affordable, Desal practicable, affordable,
environmentally acceptableenvironmentally acceptable
––Reclaimed water must Reclaimed water must
overcome public skepticismovercome public skepticism
––Desal practicable, affordable, Desal practicable, affordable,
environmentally acceptableenvironmentally acceptable
––Reclaimed water must Reclaimed water must
overcome public skepticismovercome public skepticism
4,000 quart 4,000 quart
bottles of waterbottles of water
4,000 quart 4,000 quart
bottles of waterbottles of water
for 1,000 for 1,000
gallonsgallons
for 1,000 for 1,000
gallonsgallons
••Documented in Documented in wastewaterwastewater 40+yrs40+yrs
••CCan be treatedan be treated
––Chloramine Chloramine
MICROMICRO--CONSTITUENTSCONSTITUENTS
DISINFECTION / TREATMENTDISINFECTION / TREATMENT
MICROMICRO--CONSTITUENTSCONSTITUENTS
DISINFECTION / TREATMENTDISINFECTION / TREATMENT
––Chloramine Chloramine
minimallyminimally effectiveeffective
––Free ChlorineFree Chlorine
moderatelymoderately effectiveeffective
––Ozone/UV and RO MembranesOzone/UV and RO Membranes
highlyhighly effectiveeffective
••Will not likely achieve “0”Will not likely achieve “0”
RELATIVE CONCENTRATIONSRELATIVE CONCENTRATIONSRELATIVE CONCENTRATIONSRELATIVE CONCENTRATIONS
••Public has difficulty with conceptPublic has difficulty with concept
••Instead, apply “present / absent” Instead, apply “present / absent”
litmus testlitmus test
••Public has difficulty with conceptPublic has difficulty with concept
••Instead, apply “present / absent” Instead, apply “present / absent”
litmus testlitmus test
••Adverse health effects Adverse health effects
presumed if presentpresumed if present
••No health concernsNo health concerns
••Adverse health effects Adverse health effects
presumed if presentpresumed if present
••No health concernsNo health concerns
BEFOREBEFORE
••Supplies unlimited Supplies unlimited
••Low in priceLow in price
BEFOREBEFORE
••Supplies unlimited Supplies unlimited
••Low in priceLow in price
THOUGHTS ON WATERTHOUGHTS ON WATERTHOUGHTS ON WATERTHOUGHTS ON WATER
NOWNOW
••Limited supply Limited supply
••More expensive, More expensive,
NOWNOW
••Limited supply Limited supply
••More expensive, More expensive, ••Low in priceLow in price
••Low Environmental Low Environmental
consciousnessconsciousness
••Drought concern Drought concern
for other thingsfor other things
••Low in priceLow in price
••Low Environmental Low Environmental
consciousnessconsciousness
••Drought concern Drought concern
for other thingsfor other things
but still a bargainbut still a bargain
••High Environmental High Environmental
consciousnessconsciousness
••Drought concern Drought concern
for water supplyfor water supply
but still a bargainbut still a bargain
••High Environmental High Environmental
consciousnessconsciousness
••Drought concern Drought concern
for water supplyfor water supply
••Alternative Water SourcesAlternative Water Sources
••Reclaimed WaterReclaimed Water
••Brackish water (RO treatment)Brackish water (RO treatment)
••Alternative Water SourcesAlternative Water Sources
••Reclaimed WaterReclaimed Water
••Brackish water (RO treatment)Brackish water (RO treatment)
ADDRESSINGADDRESSING
FUTURE DEMANDSFUTURE DEMANDS
ADDRESSINGADDRESSING
FUTURE DEMANDSFUTURE DEMANDS
••Brackish water (RO treatment)Brackish water (RO treatment)
••InfrastructureInfrastructure
••Expansion of well fieldsExpansion of well fields
••Expansion of RO#1Expansion of RO#1
••New RO #2New RO #2
••Distribution systemDistribution system
••Brackish water (RO treatment)Brackish water (RO treatment)
••InfrastructureInfrastructure
••Expansion of well fieldsExpansion of well fields
••Expansion of RO#1Expansion of RO#1
••New RO #2New RO #2
••Distribution systemDistribution system
••Funding and financial difficultiesFunding and financial difficulties
••Performance Contracting ProjectsPerformance Contracting Projects
••Funding and financial difficultiesFunding and financial difficulties
••Performance Contracting ProjectsPerformance Contracting Projects
ADDRESSINGADDRESSING
FUTURE DEMANDSFUTURE DEMANDS
ADDRESSINGADDRESSING
FUTURE DEMANDSFUTURE DEMANDS
••Stimulus/State Revolving Fund (SRF)Stimulus/State Revolving Fund (SRF)
••BondsBonds
••Sustainable solutions for futureSustainable solutions for future
••Brackish waterBrackish water
••Groundwater replenishmentGroundwater replenishment
••Stimulus/State Revolving Fund (SRF)Stimulus/State Revolving Fund (SRF)
••BondsBonds
••Sustainable solutions for futureSustainable solutions for future
••Brackish waterBrackish water
••Groundwater replenishmentGroundwater replenishment
WATER MANAGEMENT
TRENDS
WATER MANAGEMENT
TRENDS
Public Utilities DepartmentPublic Utilities Department
Tracy Mercer, M.B.A.Tracy Mercer, M.B.A.
June 2009June 2009
Work Session
Council Chambers - City Hall
Meeting Date:6/1/2009
SUBJECT / RECOMMENDATION:
Appoint one member to the Library Advisory Board with the term to expire June 30, 2013.
SUMMARY:
APPOINTMENT WORKSHEET
BOARD: Library Board
TERM: 4 years
APPOINTED BY: City Council
FINANCIAL DISCLOSURE: Not Required
STAFF LIAISON: Library Director
RESIDENCY REQUIREMENT: City of Clearwater
SPECIAL QUALIFICATIONS: None
MEMBERS: 7
VICE-CHAIRPERSON: Jan Regulski
MEETING DATES: Quarterly (TBA)
PLACE: Main Library
APPTS. NEEDED: 1
THE FOLLOWING ADVISORY BOARD MEMBER(S) HAVE TERMS WHICH EXPIRE AND NOW REQUIRE EITHER
REAPPOINTMENT FOR A NEW TERM OR REPLACEMENT BY A NEW APPOINTEE.
1. Robert M. Brumback – 55 Rogers St., P-3, 33756 – Original Appointment 09/07/06
Resigned 03/13/09 – (was serving 1st term until 08/31/2010)
THE FOLLOWING NAMES ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE VACANCIES:
1. Estelle Dunn - 2701 Regency Oaks Blvd., N305, 33759 - Retired
2. Mary A. Van Weezel – 1290 Gulf Blvd., #1408, 33767 – Retired Educator
3. Barbara Ann Murphey - 1304 Jeffords St., 33756 - Retired Librarian
4. Judith McSwine - 602 Lime Ave, #102, 33756 - Retired Educator
5. Avery Coryell - 1621 Sand Key Estates Ct., 33767 - Retired
Zip codes of current members on board:
1 at 33756
1 at 33759
1 at 33761
2 at 33764
1 at 33767
Review Approval:1) Clerk Cover Memo
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Work Session
Council Chambers - City Hall
Meeting Date:6/1/2009
SUBJECT / RECOMMENDATION:
Authorize additional funds to Bricklemyer Smolker & Bolves, P.A., for continued representation of the City in several inverse
condemnation litigation cases arising from the construction related to the “Beachwalk Project”, in the amount of $100,000. (consent)
SUMMARY:
In April 2007, Council authorized the City Attorney to hire Jeffrey L. Hinds, Esq., of the law firm of Bricklemyer Smolker & Bolves,
P.A., as defense counsel in the inverse condemnation case of Divaco, Inc. v. City of Clearwater and several inverse condemnation
claims that were expected to arise from this project. At the time of the initial authorization, $50,000 in funds from the Beachwalk
Construction Project budget were authorized to pay for the City’s defense.
In July 2008, Council authorized the City Attorney to file a third-party complaint against Post, Buckley, Schuh & Jernigan, Inc., for
contribution and/or indemnification for alleged wrongful design and/or construction of the Coronado Drive Improvement portion of the
Beach by Design project, in the matter of Divaco, Inc. v. City of Clearwater. Council further authorized use of outside counsel if it
became apparent that outside counsel was necessary, for reasons of subject-matter expertise.
By December 2008, inverse condemnation actions had been brought against the City in the following cases:
Christina McNeil Tracey and Anchor Mini-Mart, Inc. v. City of Clearwater;
Divaco, Inc. v. City of Clearwater;
Szletcha & Kunowski d/b/a Tropical Sky Ranch Motel v. City of Clearwater; and
Rudman & Rudman, d/b/a Riviera Motel v. City of Clearwater;
and Council authorized suit against Post, Buckley, Schuh & Jernigan, Inc., for contribution and/or indemnification for alleged wrongful
design and/or construction of the Coronado Drive Improvement portion of the Beach by Design project in those cases. The latter three
of which would be prosecuted by outside counsel and the claims against Post, Buckley, Schuh & Jernigan, Inc. in the Christina McNeil
Tracey and Anchor Mini-Mart, Inc. v. City of Clearwater matter will be handled by staff.
On February 19, 2009, Council authorized increasing funds to cover the expenses for these cases up to, but not including trial, in the
amount of $100,000, which included hiring of expert witnesses and services up to trial.
Mediation of the claims was not successful and extensive discovery has been undertaken by all parties. The court has bifurcated the case
and scheduled a non-jury trial on liability on July 30-31, 2009 in the case of Divaco, Inc. v. City of Clearwater .
Due to an expedited discovery and trial schedule, the above-mentioned funds have been depleted and the City Attorney requests Council
to approve additional funds of $100,000, from the Beachwalk Construction Project Budget, for the outside counsel services of
Bricklemyer Smolker & Bolves, P.A., for the following:
· representation as defense counsel for the City in Divaco, Inc. v. City of Clearwater; Szletcha & Kunowski d/b/a Tropical Sky
Ranch Motel v. City of Clearwater; and, Rudman & Rudman, d/b/a Riviera Motel v. City of Clearwater;
· representation as counsel for the City on cross-claims against Post, Buckley, Schuh & Jernigan, Inc., in the above cases;
· retaining experts, including: appraisers, engineers and surveyors for use at trial as needed.
The additional funding in the amount of $100,000, is available in the Beachwalk Project fund, and is expected to cover the expenses for
these cases through the trial of the liability portion of the case, at which time we will apprise Council of any further estimated costs if
necessary.
Type:Capital expenditure
Cover Memo
Current Year Budget?:Yes Budget Adjustment:No
Budget Adjustment Comments:
Current Year Cost:$100,000.00 Annual Operating Cost:
Not to Exceed:Total Cost:
For Fiscal Year:10/01/08 to 09/30/09
Appropriation Code Amount Appropriation Comment
0315-92267-561200-541-
000-0000
$100,000.00
Bid Required?:No Bid Number:
Other Bid / Contract:Bid Exceptions:None
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
Work Session
Council Chambers - City Hall
Meeting Date:6/1/2009
SUBJECT / RECOMMENDATION:
Approve amending Section 22.40, Code of Ordinances, to require the leashing of dogs located at specific areas on Clearwater Beach
and requiring the removal of pet waste and pass Ordinance 8074-09 on first reading.
SUMMARY:
On Clearwater Beach, dogs are prohibited on the public bathing beach, which is bounded on the north by Somerset Street, however,
dogs are not prohibited on the sandy beach or swimming areas abutting the sandy beach located from the boundary of Somerset Street to
the northern most boundary of Clearwater Beach.
The City Council heard evidence at its meeting on May 7, 2009, from the Clearwater Audubon that dogs have an adverse affect on the
nesting of shore birds.
The City Council also heard the testimony from dog owners who own property on the northern portion of Clearwater Beach and who
have used the sandy beach as a recreation area for themselves and their dogs.
The City Council has determined that a balance can be achieved between the protection of shore birds and the use of the sandy beach by
dog owners if dogs are required to be restrained and on adequate leashes when the dogs are on the sandy beach or in the swimming
areas abutting the sandy beach located from the boundary of Somerset Street to the northern most boundary of Clearwater Beach. The
City Council has also determined that the health, safety, and welfare of individuals is enhanced when pet owners or those in charge of
the pet are required to remove all feces deposited by such animal on the sandy beach.
Review Approval:1) Clerk
Cover Memo
Ordinance No. 8074-09
ORDINANCE NO. 8074-09
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
RELATING TO DOMESTIC ANIMALS; AMENDING SECTION 22.40,
CLEARWATER CODE OF ORDINANCES, TO REQUIRE THE
LEASHING OF DOGS LOCATED AT SPECIFIED AREAS ON
CLEARWATER BEACH AND REQUIRING THE REMOVAL OF PET
DEFECATION; PROVIDING AN EFFECTIVE DATE.
WHEREAS, on Clearwater Beach, dogs are prohibited on the public bathing beach,
which is bounded on the north by Somerset Street; and
WHEREAS, dogs are not prohibited on the sandy beach or swimming areas abutting
the sandy beach located from the boundary of Somerset Street to the northern most
boundary of Clearwater Beach; and
WHEREAS, the City Council heard evidence at its meeting on May 7, 2009, from the
Clearwater Audubon that dogs have an adverse affect on the nesting of shore birds;
and
WHEREAS, the City Council also heard the testimony from dog owners who own
property on the northern portion of Clearwater Beach and who have used the sandy
beach as a recreation area for themselves and their dogs; and
WHEREAS, the City Council has determined that a balance can be achieved between
the protection of shore birds and the use of the sandy beach by dog owners if dogs are
required to be restrained and on adequate leashes when the dogs are on the sandy
beach or in the swimming areas abutting the sandy beach located from the boundary of
Somerset Street to the northern most boundary of Clearwater Beach; and
WHEREAS, the City Council has also determined that the health, safety, and welfare of
individuals is enhanced when pet owners or those in charge of the pet are required to
remove all feces deposited by such animal on the sandy beach; now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Section 22.40, Clearwater Code of Ordinances, is hereby amended
to read as follows:
Attachment number 1
Page 1 of 2
Ordinance No. 8074-09 2
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) Dogs shall at all times be restrained and on adequate leashes when the dog is on
the sandy beach or in the swimming areas abutting the sandy beach located from the
boundary of Somerset Street to the northern most boundary of Clearwater Beach.
(3)(2) Other than as specifically provided for below, in 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.
(4)(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.
(5)(4) All pets shall be excluded from all public beaches, public pools, and swimming
areas abutting public beaches and parks.
(6)(5) In the case of dog and other pet defecation on park property, the Courtney
Campbell Recreation Area, or the sandy beach located from the boundary of Somerset
Street to the northern most boundary of Clearwater Beach, the owner or person in
charge or in control of the dog or other pet shall remove all feces deposited by such
animal and dispose of same in a sanitary manner.
(7)(6) 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 (6) (5) if the individual is
physically incapable of removing the excrement deposited by the animal.
Section 2. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING _____________________
PASSED ON SECOND AND FINAL _____________________
READING AND ADOPTED
___________________________
Frank V. Hibbard
Mayor
Approved as to form: Attest:
__________________________ ____________________________
Robert J. Surette Cynthia E. Goudeau
Assistant City Attorney City Clerk
Attachment number 1
Page 2 of 2
Work Session
Council Chambers - City Hall
Meeting Date:6/1/2009
SUBJECT / RECOMMENDATION:
Approve amending Subsection (2)(a) of Section 17.06, Code of Ordinances, relating to fireworks displays, to prohibit the issuance of
permits on specified areas of Clearwater Beach during specified times, and Pass Ordinance 8075-09 on first reading.
SUMMARY:
The City Council heard evidence at its meeting on May 7, 2009, from the Clearwater Audubon that human activities, such as fireworks
displays, have an adverse affect on the nesting of shore birds on the sandy beach located from the boundary of Somerset Street to the
northern most boundary of Clearwater Beach.
The City Council has determined that a balance can be achieved between the protection of shore birds and the use of the sandy beach by
prohibiting the issuance of permits to conduct a fireworks display or a pyrotechnic special effect display during the breeding season of
shore birds.
Ordinance 8075-09 prohibits issuance of permits for fireworks displays on Clearwater Beach north of Somerset Street between February
1 and August 31.
Review Approval:1) Clerk
Cover Memo
Ordinance No. 8075-09
ORDINANCE NO. 8075-09
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
RELATING TO FIREWORKS DISPLAYS; AMENDING SUBSECTION
(2)(A) OF SECTION 17.06, CLEARWATER CODE OF ORDINANCES,
TO PROHIBIT THE ISSUANCE OF PERMITS ON SPECIFIED AREAS
OF CLEARWATER BEACH DURING SPECIFIED TIMES; PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the City Council heard evidence at its meeting on May 7, 2009, from
the Clearwater Audubon that human activities, such as fireworks displays, have an
adverse affect on the nesting of shore birds on the sandy beach located from the
boundary of Somerset Street to the northern most boundary of Clearwater Beach; and
WHEREAS, the City Council has determined that a balance can be achieved
between the protection of shore birds and the use of the sandy beach by prohibiting the
issuance of permits to conduct a fireworks display or a pyrotechnic special effect
display during the breeding season of shore birds; now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Subsection (2)(a) of Section 17.06, Clearwater Code of Ordinances,
is hereby amended to read as follows:
Sec. 17.06. Fireworks displays and open fires.
* * * * * * * * * * * * * * *
(2) Permit required per the Florida Fire Prevention Code.
(a) No person shall use, possess, store, manufacture, sell, or discharge fireworks
within the jurisdiction in violation with F.S. 791. A permit for fireworks display or a
pyrotechnic special effect display, must first be obtained prior to commencing
such activity in accordance with the applicable NFPA Standard, except that no
permit shall be issued from February 1st through August 31st for any display on
the publicly owned beach abutting the Gulf of Mexico from the boundary of
Somerset Street to the northern most boundary of Clearwater Beach.
Section 2. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING _____________________
PASSED ON SECOND AND FINAL _____________________
READING AND ADOPTED
Attachment number 1
Page 1 of 2
Ordinance No. 8075-09 2
___________________________
Frank V. Hibbard
Mayor
Approved as to form: Attest:
__________________________ ____________________________
Robert J. Surette Cynthia E. Goudeau
Assistant City Attorney City Clerk
Attachment number 1
Page 2 of 2
Work Session
Council Chambers - City Hall
Meeting Date:6/1/2009
SUBJECT / RECOMMENDATION:
Adopt Ordinance 8023-09 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to
change the land use designation for certain real property whose post office address is 323 Jeffords Street and 300 Pinellas Street,
together with the vacated right-of-way of Sadler Street and Bay Avenue; and certain property located on the east side of Reynolds
Avenue approximately 190 feet north of Pinellas Street, consisting of Lot 8, S.J. Reynolds Subdivision, whose post office address is an
unaddressed parcel on Reynolds Avenue from Residential/Office General (R/OG) to Institutional (I).
SUMMARY:
Review Approval:1) Clerk
Cover Memo
Ordinance No. 8023-09
ORDINANCE NO. 8023-09
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE
COMPREHENSIVE PLAN OF THE CITY, TO CHANGE THE
LAND USE DESIGNATION FOR CERTAIN REAL PROPERTY
LOCATED ON THE WEST SIDE OF BAY AVENUE AT THE
WESTERN TERMINUS OF PINELLAS STREET, CONSISTING
OF LOTS 1, 2 AND 17, BLOCK B, WESTOVER SUBDIVISION,
WHOSE POST OFFICE ADDRESS IS 303 PINELLAS STREET,
TOGETHER WITH VACATED RIGHT-OF-WAY OF PINELLAS
STREET; CERTAIN PROPERTY LOCATED ON THE NORTH
SIDE OF PINELLAS STREET APPROXIMATELY 100 FEET
WEST OF REYNOLDS AVENUE, CONSISTING OF LOTS 22, 23
AND 24, C. PERRY SNELL’S BLUFF VIEW COURT AND THE
EAST 40 FEET OF LOTS 16 AND 18, C. PERRY SNELL’S
BLUFF VIEW COURT, WHOSE POST OFFICE ADDRESS IS
323 JEFFORDS STREET AND 300 PINELLAS STREET,
TOGETHER WITH VACATED RIGHT-OF-WAY OF SADLER
STREET AND BAY AVENUE; AND CERTAIN PROPERTY
LOCATED ON THE EAST SIDE OF REYNOLDS AVENUE
APPROXIMATELY 190 FEET NORTH OF PINELLAS STREET,
CONSISTING OF LOT 8, S. J. REYNOLDS SUBDIVISION,
WHOSE POST OFFICE ADDRESS IS AN UNADDRESSED
PARCEL ON REYNOLDS AVENUE, FROM
RESIDENTIAL/OFFICE GENERAL (R/OG) TO INSTITUTIONAL
(I); PROVIDING AN EFFECTIVE DATE.
WHEREAS, the amendment to the future land use plan element of the comprehensive
plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate,
and is consistent with the City’s comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The future land use plan element of the comprehensive plan of the City of
Clearwater is amended by designating the land use category for the hereinafter described
property as follows:
Property Land Use Category
Legal description attached hereto From: Residential/Office General (R/OG)
(LUZ2008-11003) To: Institutional (I)
Section 2. The City Council does hereby certify that this ordinance is consistent with
the City’s comprehensive plan.
Section 3. This ordinance shall take effect immediately upon adoption, subject to the
approval of the land use designation by the Pinellas County Board of County Commissioners,
and subject to a determination by the State of Florida, as appropriate, of compliance with the
applicable requirements of the Local Government Comprehensive Planning and Land
Development Regulation Act, pursuant to § 163.3189, Florida Statutes. The Community
Development Coordinator is authorized to transmit to the Pinellas County Planning Council an
application to amend the Countywide Plan in order to achieve consistency with the Future Land
Use Plan Element of the City’s Comprehensive Plan as amended by this ordinance.
Attachment number 1
Page 1 of 2
Ordinance No. 8023-09 2
PASSED ON FIRST READING _____________________
PASSED ON SECOND AND FINAL _____________________
READING AND ADOPTED
___________________________
Frank V. Hibbard
Mayor
Approved as to form: Attest:
____________________________ ___________________________
Leslie K. Dougall-Sides Cynthia E. Goudeau
Assistant City Attorney City Clerk
Attachment number 1
Page 2 of 2
Work Session
Council Chambers - City Hall
Meeting Date:6/1/2009
SUBJECT / RECOMMENDATION:
Adopt Ordinance No. 8024-09 on second reading, amending the Zoning Atlas of the city by rezoning certain real property whose post
office address is 323 Jeffords Street and 300 Pinellas Street, together with the vacated right-of-way of Sadler Street and Bay Avenue;
and certain property located on the east side of Reynolds Avenue approximately 190 feet north of Pinellas Street, consisting of Lot 8,
S.J. Reynolds Subdivision, whose post office address is an unaddressed parcel on Reynolds Avenue, from Office (O) to Institutional (I).
SUMMARY:
Review Approval:1) Clerk
Cover Memo
Ordinance No. 8024-09
ORDINANCE NO. 8024-09
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY
BY REZONING CERTAIN PROPERTY LOCATED ON THE
WEST SIDE OF BAY AVENUE AT THE WESTERN
TERMINUS OF PINELLAS STREET, CONSISTING OF
LOTS 1, 2 AND 17, BLOCK B, WESTOVER SUBDIVISION,
WHOSE POST OFFICE ADDRESS IS 303 PINELLAS
STREET, TOGETHER WITH VACATED RIGHT-OF-WAY
OF PINELLAS STREET; CERTAIN PROPERTY LOCATED
ON THE NORTH SIDE OF PINELLAS STREET
APPROXIMATELY 100 FEET WEST OF REYNOLDS
AVENUE, CONSISTING OF LOTS 22, 23 AND 24, C.
PERRY SNELL’S BLUFF VIEW COURT AND THE EAST 40
FEET OF LOTS 16 AND 18, C. PERRY SNELL’S BLUFF
VIEW COURT, WHOSE POST OFFICE ADDRESS IS 323
JEFFORDS STREET AND 300 PINELLAS STREET,
TOGETHER WITH VACATED RIGHT-OF-WAY OF SADLER
STREET AND BAY AVENUE; AND CERTAIN PROPERTY
LOCATED ON THE EAST SIDE OF REYNOLDS AVENUE
APPROXIMATELY 190 FEET NORTH OF PINELLAS
STREET, CONSISTING OF LOT 8, S. J. REYNOLDS
SUBDIVISION, WHOSE POST OFFICE ADDRESS IS AN
UNADDRESSED PARCEL ON REYNOLDS AVENUE, FROM
OFFICE (O) TO INSTITUTIONAL (I); 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 Zoning District
Legal description attached hereto From: Office (O)
(LUZ2008-11003) To: Institutional (I)
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, subject to
the approval of the land use designation set forth in Ordinance 8038-09 by the Pinellas
County Board of County Commissioners, and subject to a determination by the State of
Florida, as appropriate, of compliance with the applicable requirements of the Local
Attachment number 1
Page 1 of 2
Ordinance No. 8024-09
Government Comprehensive Planning and Land Development Regulation Act, pursuant
to §163.3189, Florida Statutes.
PASSED ON FIRST READING _____________________
PASSED ON SECOND AND FINAL _____________________
READING AND ADOPTED
________________________________
Frank V. Hibbard
Mayor
Approved as to form: Attest:
__________________________ ___________________________________
Leslie K. Dougall-Sides Cynthia E. Goudeau
Assistant City Attorney City Clerk
Attachment number 1
Page 2 of 2
Work Session
Council Chambers - City Hall
Meeting Date:6/1/2009
SUBJECT / RECOMMENDATION:
Adopt Ordinance No. 8028-09 on second reading, making amendments to the Community Development Code to further the consistency
between the Community Development Code and the City’s Comprehensive Plan by implementing public school concurrency.
SUMMARY:
Review Approval:1) Clerk
Cover Memo
- 1 -
Ordinance No. 8028-09
ORDINANCE NO. 8028-09
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
MAKING AMENDMENTS TO THE COMMUNITY DEVELOPMENT
CODE TO FURTHER THE CONSISTENCY BETWEEN THE
COMMUNITY DEVELOPMENT CODE AND THE CITY’S
COMPREHENSIVE PLAN; BY AMENDING THE COMMUNITY
DEVELOPMENT CODE TO IMPLEMENT PUBLIC SCHOOL
CONCURRENCY; BY ADDING NEW SUBSECTION 4 TO
SECTION 4-708, RECORDING OF THE FINAL PLAT, PROVIDING
FOR SIDEWALKS REQUIRED WITHIN TWO MILES OF ANY
PUBLIC SCHOOL FACILITY TO BE CONSTRUCTED AS A
PORTION OF A DEVELOPMENT CONSTRUCTION; BY
AMENDING SECTION 4-903, BY ADDING NEW SUBSECTION
A.7, PUBLIC SCHOOL FACILITIES; BY AMENDING SECTION 4-
903, SUBSECTION B., UPDATING THE REFERENCE FROM
PREVIOUS COMPREHENSIVE PLAN POLICY NUMBER 28.3.3
TO CURRENT POLICY NUMBER I.1.3.3, AND AMENDING
SUBSECTION C.2, PROVIDING FOR CONSTRUCTION OF
PUBLIC FACILITIES TO BE IN PLACE OR UNDER
CONSTRUCTION WITHIN 3 YEARS AFTER PERMIT ISSUANCE;
BY ADDING SECTION 4-905. PUBLIC SCHOOL CONCURRENCY
PROGRAM, PROVIDING FOR A PURPOSE AND INTENT AND
PROCEDURES; BY AMENDING SECTION 8-102 “DEFINITIONS”
PROVIDING FOR PUBLIC SCHOOL CONCURRENCY
DEFINITIONS AND BY MAKING EDITORIAL CORRECTIONS
FOR THE DEFINITIONS OF LEVEL OF SERVICE STANDARD
AND LIVING ABOARD (A BOAT); CERTIFYING CONSISTENCY
WITH THE CITY’S COMPREHENSIVE PLAN AND PROPER
ADVERTISEMENT; PROVIDING FOR SEVERABILITY; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Clearwater adopted a new Community Development Code,
replacing the previous Land Development Code, on January 21, 1999 which was effective
on March 8, 1999, in accordance with Section 163, Part II, Florida Statutes (F.S.), and
WHEREAS, it is necessary to amend the Community Development Code for
consistency with the Comprehensive Plan, and
WHEREAS, Section 163.3177(12), F.S., was amended in 2005 to require all non-
exempt counties and each non-exempt municipality within those counties to adopt and
implement a public school facilities element and a school concurrency program; and
WHEREAS, the City of Clearwater is non-exempt from the requirements of Section
163.3177(12), F.S., and must, along with 11 other non-exempt municipalities within the
county and Pinellas County, adopt land development regulations to implement school
concurrency; and
Attachment number 1
Page 1 of 9
- 2 -
Ordinance No. 8028-09
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 4, “Development Review and Other Procedures”,
Division 7, “Subdivisions/Plats”, of the Community Development Code, be, and the same
is hereby amended by adding subsection 4 to Section 4-708. A., as follows:
Section 4-708. Recording of the final plat.
A. Prior to the recording of a final plat, the applicant shall have completely installed to
the satisfaction of the city engineer all of the following improvements in accordance with
the standards set forth in this Development Code and the approved final plat:
* * * * * * * * * *
4. For property being platted within a two-mile radius of any existing or planned
public school facility, the developer(s) shall be responsible for the construction
of required sidewalk(s) along the corridor contiguous to the property being
developed that directly serves the public school facility. Such sidewalk(s) shall
be constructed according to City specifications.
* * * * * * * * * *
Section 2. That Article 4, “Development Review and Other Procedures”,
Division 9, “Concurrency Management”, Section 4-903, “Standards for certificate of
concurrency/capacity”, Subsections A, B, and C, of the Community Development Code,
be, and the same are hereby amended as follows:
Section 4-903. Standards for certificate of concurrency/capacity.
A. In determining whether a certificate of concurrency/capacity may be issued, the
community development coordinator shall apply the level of service standards in the
comprehensive plan according to the following measures for each public facility:
* * * * * * * * * *
7. Public School Facilities: Section 4-905 Standards for Public School Concurrency.
* * * * * * * * * *
Attachment number 1
Page 2 of 9
- 3 -
Ordinance No. 8028-09
B. For public facilities provided by entities other than the city, the certificate may be
issued subject to the availability of such public facilities consistent with policy I.1.3.3
28.3.3 of the comprehensive plan.
* * * * * * * * * *
C. If the capacity of available public facilities is less than the capacity required to
maintain the level of service standard for the impact of the development, the applicant
may:
* * * * * * * * * *
2. Accept a 90-day encumbrance of public facilities that are available and, within the
same 90-day period, arrange to provide for public facilities that are not otherwise
available, to be in place or under construction not more than 3 years after permit
issuance.
* * * * * * * * * *
Section 3. That Article 4, “Development Review and Other Procedures”,
Division 9, “Concurrency Management”, of the Community Development Code, be, and
the same is hereby amended by adding Section 4-905. Public School Facilities
Concurrency, to read as follows:
Section 4-905. Public School Facilities Concurrency.
A. Purpose and Intent. The purpose of public school facilities concurrency is to
assure that there is available capacity for the number of anticipated students generated by
residential development and/or subdivision plat approvals in each public school
concurrency service area in accordance with the Public School Interlocal Agreement for
public school facilities in Pinellas County.
B. Public School Facilities Concurrency Procedures.
1. Application for school concurrency review. In concert with an application for a
residential development and/or plat approval submitted in accordance with Section
4-202, an application for school concurrency review shall be submitted. The
application will be considered complete if it includes all information needed to
review the application in accordance with the countywide school concurrency
program.
2. Review of school concurrency application. When a school concurrency application
is deemed to be complete, it shall be reviewed in accordance with the procedures
for this application provided for in this section, as they may apply. These
procedures include a review of the application for concurrency with the Level of
Service standard for public school facilities.
3. School concurrency applied in concert with an application for a proposed
residential development and/or plat approval.
Attachment number 1
Page 3 of 9
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Ordinance No. 8028-09
a. When a completed school concurrency application is filed, the City will input
the applicable school concurrency information from the application into the
countywide school concurrency system in order to request a determination on
adequacy of available capacity within the affected concurrency service area
where the proposed residential development and/or plat is proposed to be
located.
i. The City will be authorized by the system to immediately issue a school
concurrency approval for a proposed residential development and/or plat of
less than 25 dwelling units.
ii. The school concurrency application information for a residential
development and/or plat of 25 dwelling units or greater will be sent forward
through the system to the School District for review.
iii. Within 25 days of receipt from the City of the school concurrency application
information for a residential development and/or plat, the School District
shall review the application and render a public school concurrency
determination confirming whether or not there is available capacity for all
types of schools to accommodate the estimated number of students that
would be generated by the proposed residential development and/or plat.
b. When the countywide school concurrency system indicates there is adequate
available capacity for a proposed residential development and/or plat in the
affected concurrency service area, the School District will immediately notify
the City to issue a school concurrency approval for the proposed residential
development and/or plat.
c. If there is not adequate available capacity for a proposed residential
development and/or plat in the affected concurrency service area:
i. The School District will consider contiguous concurrency service area(s) in
addition to the affected concurrency service area.
ii. If it is determined that, in the aggregate, there is adequate available
capacity in the concurrency service area and the contiguous concurrency
service area(s), the School District shall immediately notify the City to issue
the school concurrency approval.
iii. If it is determined that, in the aggregate, there is not adequate available
capacity in the affected concurrency service area and in the contiguous
concurrency service area(s), the School District shall immediately notify the
City that an adequate level of service would not be provided. The School
District shall identify the required proportionate fair-share mitigation and
recommend acceptable form(s) of mitigation as provided within this section
to the City and the applicant.
Attachment number 1
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Ordinance No. 8028-09
iv. When the School District determines, in the aggregate, that there is not
adequate capacity for residential approval, then the City may only issue a
school concurrency approval after the execution of a legally binding
development mitigation agreement between the applicant, the City, and the
School Board.
d. The City will ensure that school concurrency approvals have been entered into
the countywide system within 30 days of issuance of each approval.
e. A school concurrency approval shall be valid for 24 months from the date of
issuance by the City for purposes of the issuance of development orders or
permits. Once a development order or permit has been issued, the school
concurrency approval shall be valid until a Certificate of Occupancy is issued
or the development order and/or permit is no longer in effect.
4. Mitigation. If it has been determined that there is not adequate available capacity in
a concurrency service area(s) affected by a proposed residential development
and/or plat, the applicant may decide to satisfy the public school facilities
concurrency requirements by making a proportionate fair-share contribution that will
require a development mitigation agreement.
a. Proportionate fair-share contribution.
i. The proportionate fair-share contribution shall be calculated using the
following formula for each school level: Multiply the number of additional
new student stations required for mitigation of the estimated demand for
public school facilities created by the proposed school concurrency
application by the average cost per student station using the actual
construction cost being experienced by the School District f or student
stations at the time when proportionate share mitigation is accepted plus
the inclusion of land costs, if any.
ii. Acceptable forms of proportionate fair-share contribution include the
following:
(A) Contribution of land;
(B) The construction of a public school facility;
(C) Expansion of an existing public school facility;
(D) Payment for land acquisition for the expansion or construction of a
public school facility;
(E) Participation in a mitigation banking system created and maintained
by the School Board based on the construction of a public school
facility in exchange for the right to sell capacity credits;
(F) Contribution to charter schools serving to expand the capacity of the
School District.
iii. The following standards shall apply to any mitigation required by the
School District:
Attachment number 1
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Ordinance No. 8028-09
(A). Proposed mitigation must be directed toward a permanent school
capacity improvement identified in the School District’s Five-Year
Facilities Work Program that satisfies the estimated demands
created by a proposed residential development and/or plat approval;
(B). Re-locatable classrooms will not be accepted as mitigation;
(C). Mitigation shall be proportionate to the demand for public school
facilities estimated to be created by a proposed residential
development and/or plat approval.
b. Development Mitigation Agreement.
i. If the applicant has decided to satisfy the public school facilities
concurrency requirements by making a proportionate fair-share
contribution, the applicant shall request to negotiate with the City and the
School District for a development mitigation agreement that shall provide
for the stipulations to mitigate the impacts of a proposed residential
development and/or plat approval on public school facilities.
ii. After a mitigation plan is identified and agreed upon by the applicant, the
City and the School District, the applicant shall prepare a development
mitigation agreement with direction from the School District and the City.
The final agreement, after approval by the City and the School Board, will
become a part of the final residential development and/or plat approval.
iii. If the applicant, the City, and the School Board are unable to agree on an
acceptable form of mitigation, the conflict resolution provision provided in
Section 14 of the Public Schools Interlocal Agreement may be utilized.
iv. The development mitigation agreement shall include a commitment by the
applicant to continue to renew the development mitigation agreement until
the mitigation plan is completed as determined by the School Board or as
determined through the conflict resolution procedures provided for in
Section 14 of the Public Schools Interlocal Agreement, if applicable.
v. If the applicant chooses to not continue with the project, the applicant may
submit a letter to the City and the School District to withdraw from the
development mitigation agreement at any time prior to the execution of the
agreement.
vi. Upon execution of a development mitigation agreement, the applicant shall
receive school concurrency approval.
c. Cross Jurisdictional Impacts. If a proposed mitigation proposal involves
another jurisdiction, the Community Development Coordinator will notify the
other local government to allow the other local government the opportunity to
comment on the mitigation proposal prior to finalizing a development mitigation
agreement.
Attachment number 1
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Ordinance No. 8028-09
5. Annual School Capacity and Level of Service Reports. The City shall ensure that the
School District is notified when new dwelling units have received Certificates of
Occupancy and when school concurrency approvals for residential developments and/or
plats have expired for inclusion in their annual School Capacity and Level of Service
Report.
6. For the purposes of meeting the school facilities level of service standard,
residential development and/or plat approvals for any property that were received
prior to the effective date of the countywide school concurrency program shall be
considered vested and shall not require a school concurrency approval.
7. Credits.
a. After the effective date of the countywide public school concurrency system,
any property with existing dwelling units that are demolished or destroyed shall
receive a credit for the estimated number of students generated from existing
dwelling units. Credits may not be transferred to another property. The
applicant will be required to provide proof of such existing uses in a manner
acceptable to the City.
b. The application of credits for public school capacity attributable to the number
of student stations generated by a previous and existing on-site residential use
may be used towards a new residential development and/or plat approval, in
the place of the capacity which would be required for the new residential
development and/or plat approval, in perpetuity from the effective date of the
countywide public school concurrency system.
8. A modification to a residential development and/or plat approval that does not
increase the residential density of the plan will not require the issuance of a new
school concurrency approval. Modifications to residential development and/or plat
approvals that increase the residential density shall be subject to school
concurrency review for the additional density. The validity period for a school
concurrency approval issued for modifications to a residential development and/or
plat shall be identical to the validity time frame associated with the school
concurrency approval issued for the initial development plan. Modifications in
demand on available capacity will be reflected in the countywide public school
concurrency system. If the City determines that the modifications to a residential
development and/or plat necessitate submittal of a new development review
application, the school concurrency approval issued for the original approved
plan/plat on the subject property will no longer be valid, and the new application for
residential development and/or plat approval will be subject to the school
concurrency review procedures in this section.
9. School concurrency decisions made by the School District may be appealed in
accordance with section 14 of the Public Schools Interlocal Agreement.
Section 4. That Article 8, “Definitions and Rules of Construction”, Section 8-102,
“Definitions”, of the Community Development Code, be, and the same is hereby amended
to read as follows:
Attachment number 1
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Ordinance No. 8028-09
Section 8-102. Definitions.
For the purposes of this Development Code, the following words and terms have the
meanings specified herein:
* * * * * * * * * *
Concurrency service area(s), when used for school concurrency purposes, means the
areas as established by the School Board within which the level of service will be
measured for school concurrency purposes.
* * * * * * * * *
Five-year Facilities Work Program, when used for school concurrency purposes,
means the document created by the School District derived from its Educational Five-Year
Plant Survey to assist it as it plans, proposes, and prioritizes its current and five-year
capital outlay needs.
* * * * * * * * *
Level of service standard means the number of units of capacity per unit of demand
adopted by the City in the comprehensive plan. Living aboard (a boat) means the use of a
boat whereupon one or more persons reside, whether temporarily or permanently.
* * * * * * * * *
Living aboard (a boat) means the use of a boat whereupon one or more persons
reside, whether temporarily or permanently.
* * * * * * * * *
Public School Interlocal Agreement means the Interlocal Agreement filed with the
Pinellas County Board Clerk on April 24, 2007 between the Pinellas County School Board,
Pinellas County, and the twelve municipalities, including the City of Clearwater, within
Pinellas County that are required to implement school concurrency per Section
163.31777(1), F.S., or as it may subsequently be amended.
* * * * * * * * *
School Board means the elected body presiding over the schools of Pinellas County
responsible for exercising all of the powers and duties associated with the District schools,
in accordance with Chapter 1001 of the Florida Statutes.
School Capacity and Level of Service Report means, when used for school
concurrency purposes, the report annually prepared by the School District to calculate the
existing level of service and the available capacity within each Concurrency Service Area.
Attachment number 1
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Ordinance No. 8028-09
School concurrency approval means the finding issued by the School District that
there is available capacity for all types of schools to serve a residential development
and/or plat approval.
School District means the unit for the control, organization, and administration of
schools in Pinellas County. The responsibility for the actual operation and administration
of all schools needed within the district in conformity with rules and minimum standards
prescribed by the state, and also the responsibility for the provision of any desirable and
practicable opportunities authorized by laws beyond those required by the state, are
delegated by laws to the school officials of the Pinellas County School District.
School facility, public school facility, or educational facility means something that is
built, installed or established, such as a building, to serve the purpose of a school.
* * * * * * * * *
Section 5. 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 6. 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 7. 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 8. Notice of the proposed enactment of this Ordinance has been
properly advertised in a newspaper of general circulation in accordance with applicable
law.
Section 9. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING _________________________
PASSED ON SECOND AND FINAL _________________________
READING AND ADOPTED
_________________________
Frank V. Hibbard
Mayor
Approved as to form: Attest:
_________________________
Leslie Dougall-Sides, Assistant City Attorney Cynthia E. Goudeau, City Clerk
Attachment number 1
Page 9 of 9
Work Session
Council Chambers - City Hall
Meeting Date:6/1/2009
SUBJECT / RECOMMENDATION:
Adopt Ordinance No. 8042-09 on second reading, making amendments to the sidewalk or outdoor café sections of the Community
Development Code.
SUMMARY:
Review Approval:1) Clerk
Cover Memo
- 1 –
Ordinance No. 8042-09
ORDINANCE NO. 8042-09
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, MAKING
AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE TO
DELETE SUBSECTION 3-201.C, “SIDEWALK CAFES”, IN ITS
ENTIRETY; TO ADOPT A NEW SUBSECTION 3-201.C, “OUTDOOR
CAFES”, SETTING FORTH PROVISIONS FOR OUTDOOR CAFES
LOCATED ON PRIVATE PROPERTY; TO ADOPT A NEW
SUBSECTION 3-909 “OUTDOOR CAFES”, SETTING FORTH
PROVISIONS FOR OUTDOOR CAFES LOCATED WITHIN PUBLIC
RIGHT(S)-OF-WAY; TO RENUMBER SUBSECTION 3-909
“NEWSRACKS” THROUGH 3-919 “AFFORDABLE HOUSING PARKING
REQUIREMENTS” ACCORDINGLY; TO MODIFY SECTION 4-202
“APPLICATIONS FOR DEVELOPMENT APPROVAL”, BY ADDING
APPLICATION REQUIREMENTS FOR OUTDOOR CAFES LOCATED
WITHIN PUBLIC RIGHT(S)-OF-WAY; TO MODIFY SECTION 8-102,
“DEFINITIONS”, BY ADDING A DEFINITION FOR “CLEVELAND
STREET CAFÉ DISTRICT” AND “OUTDOOR CAFES” AND DELETING
THE DEFINITION FOR “SIDEWALK CAFES”; TO MODIFY APPENDIX A
“SCHEDULE OF FEES, RATES, AND CHARGES” BY DELETING THE
FEE FOR “SIDEWALK CAFES” AND ADDING THE FEE FOR
“OUTDOOR CAFES” LOCATED WITHIN PUBLIC RIGHT(S)-OF-WAY;
TO MAKE MINOR EDITORIAL CHANGES TO SECTION 6.31
“PROHIBITED ACTS” AND SECTION 28.04 “TRADING AND SELLING
ON STREETS” OF THE CODE OF ORDINANCES; AND TO PROVIDE
AN EFFECTIVE DATE.
WHEREAS, the City of Clearwater adopted a new Community Development Code on
January 21, 1999 which was effective on March 8, 1999, and
WHEREAS, the City of Clearwater desires for the Community Development Code to
function effectively and equitably throughout the City, and
WHEREAS, appropriate use of the public right-of-way by private business
contributes to an enhanced public realm that promotes the local economy, and
WHEREAS, outdoor cafes contribute to economic activity, and
WHEREAS, the City of Clearwater has determined where the Community
Development Code needs clarification and revision, now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER,
FLORIDA:
Section 1. That Article 3, “Development Standards”, Division 2, “Accessory
Use/Structures”, Section 3-201, “General”, of the Community Development Code, be, and
the same is hereby amended to delete subsection C, “Sidewalk Cafes”, as follows:
Section 3-201. General.
Attachment number 1
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Ordinance No. 8042-09
***********
C. Sidewalk cafes.
1. Purpose and applicability. It is the intent of the city to allow sidewalk cafes so as to
enhance the pedestrian, urban and beach character of the city by providing an
additional amenity for the public to enjoy. Sidewalk cafes are permitted in the
commercial district, the tourist district on property located on Clearwater Beach only
or in the downtown district provided all requirements of this section are met.
Sidewalk cafes on public right-of-way shall only be allowed in the tourist and
downtown districts. A sidewalk cafe may be established as an accessory use to a
restaurant, nightclub or other appropriate business as determined by the community
development coordinator. This section applies to a sidewalk cafe located solely on
private property or a cafe located partially or totally within the public right-of-way.
2. Application requirements and review process.
a. Review process. If a sidewalk cafe is to be added to an existing business,
then the sidewalk cafe shall be reviewed as an accessory use/minimum
standard development. If the cafe is proposed as accessory to a new
business, then the sidewalk cafe shall be reviewed along with the proposed
use as either Level One-Flexible Standard or Level Two-Flexible Use as
determined in the applicable zoning district.
b. Submittal requirements.
(1) The applicant is required to hold a pre-application meeting with the
community development coordinator to discuss the proposed sidewalk
cafe and application requirements.
(2) A completed application for a sidewalk cafe permit shall be submitted
to the community development coordinator. The application shall
include, but not be limited to, the following information:
(a) Name, address, telephone number, facsimile and e-mail
address of the applicant (business owner or designee) and the
property owner;
(b) Name, address and legal description of the property on which
the sidewalk cafe is proposed to be located;
(c) For existing businesses, a copy of a valid City of Clearwater
occupational license to operate the business establishment
that is the subject of the application;
(d) Written approval to request the application from the owner of
the property in which the permitted business established is
located;
(e) A site plan (drawn to scale of minimum 1:50) showing the
layout and dimensions of the sidewalk; sidewalk cafe area and
adjacent private property and building showing entrances and
exits; proposed location, size and number of tables, chairs,
steps, umbrellas, awnings, canopies, location of doorways,
trees, parking meters, bus shelters, sidewalk benches, trash
receptacles, railings, decorative chains and any other fixture,
Attachment number 1
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Ordinance No. 8042-09
structure or obstruction either existing or proposed within the
sidewalk cafe;
(f) Photographs, drawings or manufacturers' brochures fully
describing the appearance, color, and materials of all
proposed tables, chairs; umbrellas, awnings, canopies or other
fixtures related to the sidewalk cafe;
(g) Copy of written approval from any agency other than the City
of Clearwater having jurisdiction over the right of way; and
(h) For sidewalk cafes on public right-of-way, a copy of current
certificate of insurance in the amounts and categories required
by this article.
c. General requirements for all sidewalk cafes.
(1) Operational requirements.
(a) Sidewalk cafes that wish to serve alcoholic beverages must
have a valid license from the State of Florida to sell alcoholic
beverages for consumption on premises in connection with a
restaurant use or other appropriate business.
(b) No food preparation shall be allowed on the sidewalk. There
shall be no cooking, storage of foods or materials, cooling,
refrigeration or other equipment located in the sidewalk cafe
area.
(c) No amplified music at a sidewalk cafe in the right-of-way shall
be allowed. Amplified music in a sidewalk cafe on private
property shall be specifically requested by the applicant and
shall be reviewed for its impacts on surrounding properties and
businesses.
(d) The hours of operation of a sidewalk cafe shall be coincident
with the hours of operation of the principal business to which it
is accessory.
(e) The operator of the sidewalk cafe shall meet all other city,
county and state regulations, laws or ordinances.
(2) Location and design requirements.
(a) Sidewalk cafes in the right of way are restricted to the sidewalk
frontage of the subject business establishment to which a
permit has been issued or such other area as approved by the
city manager or his/her designee.
(b) Sidewalk cafes shall be located in a manner that promotes
efficient and direct pedestrian movement. Within the public
right-of-way, a minimum of one unobstructed pedestrian path
at least four feet wide shall be maintained at all times. In areas
of congested pedestrian activity a wider pedestrian path may
be required. Access to fire hydrants, fire hose connections for
sprinkler systems, and entrances and exits of all buildings
shall not be obstructed at any time by barriers or seating.
(c) Outdoor seating shall not be counted when calculating the
parking requirements.
(d) To ensure the convenience of users and to enhance the visual
quality of the urban environment, the sidewalk cafe shall
comply with the design guidelines for the district in which it is
Attachment number 1
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Ordinance No. 8042-09
located. Specifically, tables, chairs, umbrellas, canopies,
awnings and all other fixtures/decorative materials shall be of
good design made of quality materials and workmanship, be
fire-retardant or manufactured of fire resistant material. Tables,
chairs and other fixtures used in connection with the sidewalk
cafe shall not be attached, chained or in any manner affixed to
any tree, post, sign or other fixture.
(e) No tables or chairs will be permitted within the sight visibility
triangle of a street intersection or driveway as required in this
Code. Tables or chairs shall not be placed within four feet of
bus stops, taxi stands, telephone booths, fire hydrants, or
counter service windows or within two feet of any building
entrances and/or exits.
(f) The perimeter around the sidewalk cafe in the right of way
area shall be delineated using non-permanent fixtures such as
railings, potted plants, decorative chains, or other approved
fixtures.
(3) Maintenance.
(a) Tables, chairs, umbrellas, canopies, awnings and any other
fixtures used in connection with a sidewalk cafe shall be
maintained by the sidewalk cafe operator with a clean and
attractive appearance and shall be in good repair at all times.
(b) The sidewalk cafe area, the area extending from the sidewalk
cafe area to the street, and five feet beyond either end shall be
maintained by the business owner in a neat and orderly
appearance at all times and shall be cleared of all debris on a
daily basis.
(c) The sidewalk cafe operator is responsible for repair of any
damage to the sidewalk in the right of way caused by the
sidewalk cafe. The repair shall be made to city standards and
within a reasonable timeframe.
d. Additional requirements for sidewalk cafes on public rights-of-way.
(1) A sidewalk cafe on public right -of-way shall apply for and receive a
permit to operate within the right-of-way. The permit shall be issued to
the permit holder and shall be transferable only with the prior written
approval of the city manager or his/her designee.
(2) By use of any permit granted hereunder, the permit holder agrees to
indemnify, defend, save and hold harmless the city, its officers, agents
and employees from any and all claims, liability, lawsuits, damages
and causes of action which may arise out of the use of the public
sidewalk. The permit holder shall enter into a written agreement with
the city to evidence this indemnification. Such agreement must have
the written approval of the city attorney prior to issuance of a permit.
(3) The permit holder shall furnish, pay for, and maintain during the life of
the permit with the city:
(a) Comprehensive general liability insurance on an "occurrence"
basis in an amount not less than $500,000 combined single
limit bodily injury liability and property damage liability. The city
Attachment number 1
Page 4 of 13
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Ordinance No. 8042-09
is to be specifically included as an additional insured on the
policy.
(b) Workers' Compensation insurance applicable to its employees,
if any, for statutory coverage limits in compliance with Florida
laws, including employers' liability which meets all state and
federal laws.
(4) The permit holder shall provide the city with a certificate or certificates
of insurance showing the existence of coverages required by this
permit. The permit holder will maintain these coverages with a current
certificate or certificates of insurance throughout the term of the permit
with the city.
(5) When specifically requested by the city in writing, the permit holder
will provide the city with certified copies of all polices of insurance as
required above. New certificates and new certified copies of policies, if
certified copies of policies have been requested, shall be provided the
city whenever any policy is renewed, revised, or obtained from other
insurers.
(6) All policies of insurance must be endorsed to provide the city with 30
days notice of cancellation or restriction.
(7) The City of Clearwater may require the temporary removal of sidewalk
cafes and all related furniture and fixtures by the permit holder when
street, sidewalk, or utility repairs necessitate such action or when, at
the city's sole discretion, it is necessary to clear sidewalks. The permit
holder shall be responsible for removing all sidewalk cafe fixtures at
least two days prior to the date identified in writing by the city. The city
shall not be responsible for any costs associated with the removal or
the return and installation of any sidewalk cafe fixtures.
(8) The city may cause the immediate removal or relocation of all or any
part of the sidewalk cafe or its fixtures in emergency situations. The
city, its officers, agents and employees shall not be responsible for
any damages or loss of sidewalk cafe fixtures relocated during
emergency situations and shall not be responsible for any costs
associated with the removal or the return and installation of any
sidewalk cafe fixtures.
(9) The city shall have the authority to secure or remove fixtures and
other items associated with the sidewalk cafe if necessary in the
interest of public safety.
3. Standards for review and decision. The community development coordinator shall
review an application for a sidewalk cafe to determine compliance with all
requirements of this section through a complete application including site plan, proof
of insurance and all other documents required by this Code. The community
development coordinator may approve the application, approve the application with
conditions that ensure compliance with this Code and are needed to ensure
compatibility of the sidewalk cafe with adjoining businesses, or deny the application.
The timeframe and process for review of a sidewalk cafe for an existing business
shall be as prescribed in section 4-203, building permit of this Code. The timeframe
and process for review of a sidewalk cafe as part of a flexible standard or flexible use
shall be as prescribed in article 4 of this Code.
Attachment number 1
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Ordinance No. 8042-09
Upon approval, each permit for sidewalk cafes on right-of-way shall be effective for
one year from October 1 until September 30, and must be renewed annually with the
approval of the city. A renewal with no significant changes to the sidewalk caf e as
originally approved will not require a complete review. Any significant changes to a
sidewalk cafe shall require review as a new application.
The City of Clearwater reserves the right to inspect the sidewalk cafe at any time
with or without notice to the operator to determine compliance with this Code and
any conditions attached to the sidewalk cafe.
4. Appeal of community development coordinator decision. For sidewalk cafes using
public right-of-way, the community development coordinator may deny an application
for a sidewalk cafe permit if the applicant fails to provide the required information or
fails to meet the criteria for permit issuance. Such action shall be considered final
and is not subject to appeal. For sidewalk cafes on private property, an appeal of the
community development coordinator's decision may be submitted in accordance with
the provisions of Article 4.
5. Revocation of permit. The community development coordinator may revoke a permit
for any sidewalk cafe located on public right-of-way if it is found that:
(1) Any necessary business or health permit has been suspended or revoked; or
(2) The permittee does not have currently effective insurance in the minimum
amount as required in this Code; or
(3) Changing conditions of pedestrian or vehicular traffic cause congestion
necessitating the removal of the sidewalk cafe. Such decisions shall be based upon
findings of the community development coordinator, af ter consulting with the city
engineer, that the existing conditions represent a danger to the health, safety or
general welfare of the public; or
(4) The permittee fails to comply with one or more conditions of the permit.
Upon revocation of a permit, the community development coordinator shall give
written notice of such action by certified mail, return receipt requested, to the
permittee at the address listed on the application, stating the reason(s) for
revocation. The revocation shall become effective and final 15 days following mailing
of the notice, and is not subject to appeal.
The city manager or designee may take at any time, whether or not the permit was
issued, is current, in the process of being revoked, or has been revoked, such action
regarding a sidewalk cafe located on public property as is necessary to preserve
public safety. Such action shall be considered final and is not subject to appeal.
Attachment number 1
Page 6 of 13
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Ordinance No. 8042-09
Section 2. That Article 3, “Development Standards”, Division 2, “Accessory
Use/Structures”, Section 3-201, “General”, of the Community Development Code, be, and
the same is hereby amended to add subsection C, “Outdoor Cafes”, as follows:
Section 3-201. General.
***********
C. Outdoor cafes. Restaurants may establish on-site outdoor cafes as an accessory
use. Such café areas shall be reviewed and approved through the applicable development
review process as set forth in Article 4 of this Community Development Code and shall be
exempt from parking requirements.
Section 3. That Article 3, “Development Standards”, Division 9, “General
Applicability Standards”, of the Community Development Code, be, and the same is hereby
amended to add Section 3-909, “Outdoor cafes located within public right(s)-of-way” and re-
number “Newsracks” as Section 3-910 and the subsequent sections as appropriate:
DIVISION 9. GENERAL APPLICABILITY STANDARDS
***********
Section 3-909. Outdoor cafes located within public right(s)-of-wayNewsracks.
A. Applicability. (i.) A restaurant or (ii.) a take-out food establishment with no indoor
seating may establish an outdoor café and shall be exempt from parking requirements.
1. Outdoor cafes are allowed only in:
a. The Downtown District;
b. Those properties located in the Commercial District subject to the Clearwater
Downtown Redevelopment Plan; and
c. Those properties located in the Tourist District on Clearwater Beach.
2. Special provisions of this section apply to outdoor cafes located within the Cleveland
Street Café District.
B. Application process. The Community Development Coordinator shall review all
outdoor cafes as an allowable encroachment into the public right(s)-of-way subject to
compliance with the location, design and operational requirements below.
C. Location and design requirements.
1. Outdoor cafes are restricted to the sidewalk frontage of the subject business
applying for a permit, except that outdoor cafes located within the Cleveland Street
Café District may extend the linear distance of any adjacent business frontage, in
accordance with the provisions of Section 3-909.D.10.
Attachment number 1
Page 7 of 13
- 8 –
Ordinance No. 8042-09
2. A minimum of one unobstructed pedestrian path at least five feet wide shall be
maintained at all times. Within the Cleveland Street Café District the path shall abut
the building façade.
3. All furnishings shall be of good design and made of quality materials.
4. No furnishing shall be chained or attached to any tree, post, sign or other fixture.
5. No furniture shall be permitted within the sight visibility triangle as required by the
Community Development Code. Furniture shall not be placed within four feet of bus
stops, telephone booths, fire hydrants, or counter service windows or within two feet
of any entrances and/or exits.
D. Operational requirements.
1. All furnishings shall be maintained by the outdoor cafe operator in a clean and
attractive appearance and shall be in good repair at all times.
2. No amplified music shall be allowed.
3. No food storage or preparation shall be allowed within the right(s)-of-way.
4. The hours of operation of an outdoor café shall coincide with those of the associated
business.
5. The outdoor café operator is responsible for repair of any damage to the right(s)-of-
way caused by the restaurant or it’s patrons.
6. By use of any permit granted hereunder, the outdoor café operator agrees to
indemnify, defend, save and hold harmless the City, its officers, agents and
employees from any and all claims, liability, lawsuits, damages and causes of action
which may arise out of the use of the public right(s)-of-way. The outdoor café
operator shall enter into a written agreement with the City to evidence this
indemnification. Such agreement must have the written approval of the City Attorney
prior to issuance of permit.
7. The outdoor café operator shall show evidence of:
a. Comprehensive general liability insurance on an "occurrence" basis in an
amount not less than $1,000,000 combined single limit bodily injury liability
and property damage liability. The City is to be specifically included as an
additional insured on the policy.
b. Workers' Compensation insurance applicable to its employees, if any, for
statutory coverage limits in compliance with Florida laws, including
employers' liability which meets all state and federal laws.
8. The outdoor café operator shall provide the City with the certificate(s) of insurance
evidencing required coverages. Current certified copies of such required coverages
shall be provided to the City when specifically requested in writing.
Attachment number 1
Page 8 of 13
- 9 –
Ordinance No. 8042-09
9. All policies of insurance must be endorsed to provide the City with 30 days notice of
cancellation or restriction.
10. For outdoor cafes located within the Cleveland St reet Café District that intend to use
the public right(s)-of-way in front of an adjacent business, the applicant must submit
a notarized statement from the adjacent property owner(s) indicating consent to use
the right(s)-of-way in front of their business as an outdoor café.
11. As necessitated by right(s)-of-way repairs, the City may require the temporary
removal of outdoor cafes and all related furnishings. The outdoor café operator shall
be responsible for removing all furnishings at least 24 hours prior to the date
identified in writing by the City. The City shall not be responsible for any costs
associated with the removal or the return and installation of any such furnishings.
12. The City may cause the immediate removal or relocation of all or any part of the
outdoor cafe in emergency situations. The City, its officers, agents and employees
shall not be responsible for any damages or loss of furnishings used in association
with an outdoor café relocated during emergency situations and shall not be
responsible for any costs associated with the removal or the return and installation of
any such furnishings.
13. The City shall have the authority to secure or remove any furnishing(s) associated
with the outdoor cafe if necessary in the interest of public safety.
E. Revocation of permit. Upon revocation of a permit, the Community Development
Coordinator shall give written notice of such action by certified mail, return receipt
requested, to the permittee at the address listed on the application, stating the reason(s) for
revocation. The revocation shall become effective 15 days following mailing of the notice if
not appealed as provided in Section 4-501A. The Community Development Coordinator
may revoke a permit for any outdoor cafe if it is found that:
1. Any necessary business or health permit has been suspended or revoked; or
2. Changing conditions of pedestrian or vehicular traffic cause congestion necessitating
the removal of the outdoor cafe. Such decision shall be based upon findings of the
Community Development Coordinator, after consulting with the city engineer, that the
existing conditions represent a danger to the health, safety or general welfare of the
public and cannot be resolved through modification to the outdoor café layout; or
3. The outdoor café operator fails to comply with one or more requirements of the
permit.
4. The outdoor café is deemed to be a threat to public safety, in which case the permit
may be revoked immediately without notice or compliance with the requirements
described above.
Section 3-910. Newsracks.
***********
Section 3-9110.Color.
Attachment number 1
Page 9 of 13
- 10 –
Ordinance No. 8042-09
***********
Section 3-9121. Underground utilities.
***********
Section 3-9132. Outdoor display/storage.
***********
Section 3-9143. General standards for Level One and Level Two approvals.
***********
Section 3-9154. Stormwater detention facilities.
***********
Section 3-9165. Uses involving vehicles.
***********
Section 3-9176. Vending machines.
***********
Section 3-9187. Maintenance in accordance with approved plans.
***********
Section 3-9198. Prima facie evidence of certain uses in residential zoning district.
***********
Section 3-92019. Affordable housing parking requirements.
Section 4. That Article 4, “Development Review and Other Procedures”, Division 2,
“General Procedures”, Section 4-202, “Applications for development approval”, of the
Community Development Code, be, and the same is hereby amended to amend subsection A,
“Basic information required for all applications”, as follows:
Section 4-202. Applications for development approval.
A. Basic information required for all applications. All applications for development
approval shall include the following information:
***********
Attachment number 1
Page 10 of 13
- 11 –
Ordinance No. 8042-09
26. In addition to the requirements found in 4-202.A.1-9, an application for an outdoor
café located in the public right(s)-of-way shall include the following:
a. Written permission to file the application from the owner of the property in which the
business is located;
b. A plan that depicts the following:
i. The proposed outdoor café area including dimensions;
ii. All doors to the building, as well as those of the adjacent storefront;
iii. The location of curbing, sidewalk and any other furnishing or structure within
the public right(s)-of-way;
iv. Clear delineation of the required pedestrian pathway; and
v. Proposed locations and sizes of furnishings used in association with the
outdoor café.
c. Visual representation fully depicting the appearance, color, and materials of all
proposed furnishings related to the outdoor cafe;
d. Copy of written approval from any agency other than the City of Clearwater having
jurisdiction over the public right(s)-of-way; and
e. A copy of current certificate of insurance in the amounts and categories required by
Section 3-909.
Section 5. That Article 8, “Definitions and Rules of Construction”, Section 8-102,
“Definitions”, of the Community Development Code, be, and the same is hereby amended to
add definitions of “Cleveland Street Café District” and “Outdoor café” and delete the definition of
“Sidewalk café” as follows:
Cleveland Street Café District means the area on Cleveland Street bordered by Myrtle
Avenue and Osceola Avenue.
***********
Outdoor cafe means a use accessory to an adjacent business when located on private
property, or an allowable encroachment when located within public right(s)-of-way, that
serves beverages and food and is open-air.
***********
Sidewalk cafe means an accessory use to an adjacent business and is located outside of
the boundaries of the building; food and beverage service or other activities related to the
principal use may be allowed as part of the sidewalk cafe. A sidewalk cafe may be allowed
either on private property or within the public right-of-way.
Section 6. That Appendix A, “Schedule of Fees, Rates and Charges”, Subject VIII,
“Land Development”, of the Community Development Code, be, and the same is hereby
amended to add an Outdoor Café Permit Fee and delete the sidewalk café application and
permit fee as follows:
APPENDIX A SCHEDULE OF FEES, RATES AND CHARGES*
***********
(1) Level One.
Attachment number 1
Page 11 of 13
- 12 –
Ordinance No. 8042-09
***********
(i) Sidewalk cafe application:
If proposed as accessory to an existing use . . . 50.00
If part of a flexible or flexible standard application, no additional fee.
Sidewalk cafe permit . . . 120.00
Due on or before October 1 of each year and shall cover the time period of October 1
through September 30 of the following calendar year. For a permit issued after October 1
and before September 30, the permit fee shall be prorated on a monthly basis. Any portion
of a month shall be considered a full month for the purposes of calculating the prorated
permit fee.
(i) Outdoor Café Permit (applicable only if located within public right(s)-of-way)…$50.00
Section 7. That Chapter 6, “Alcoholic Beverages”, Article II, “Operation of
Establishments”, Division 1, “Generally”, Section 6.31, “Prohibited acts”, of the Code of
Ordinances, be, and the same is hereby amended as follows:
Sec. 6.31. Prohibited acts.
***********
(4) It shall be a violation for any person to sell or consume any alcoholic beverage, or to
possess any opened or unsealed container containing an alcoholic beverage, at the
following places, except pursuant to an alcoholic beverage special event permit issued
under the provisions of section 22.88 through 22.91, pursuant to an outdoorsidewalk cafe
permit issued under the provisions of section 3-201C. of the Community Land Development
Code, or pursuant to a license issued by the Division of Alcoholic Beverages and Tobacco
of the Florida Department of Business and Professional Regulation that permits the sale or
consumption at the location:***********
Section 8. That Chapter 28, “Streets, Sidewalks, Other Public Places”, Article I, “In
General”, Section 28.04, “Trading and selling on streets”, of the Code of Ordinances, be, and
the same is hereby amended as follows:
Sec. 28.04. Trading and selling on streets.
Except for the sale of ice cream from ice cream trucks on streets in residential areas,
which have been issued a city business tax receipt for such use, and unless authorized by
Article III of Chapter 22 which pertains to special events, it shall be unlawful for any person
to sell, barter, exchange, or offer to sell, barter or exchange any goods, wares or
merchandise of any kind or nature whatsoever in or on or over any street, right-of-way or
public property, sidewalk or park within the city.
This section shall not apply to curb service furnished by any regularly established
and licensed place of business in the city, and this section shall not apply to the holding of
bazaars or other sales not made or carried on for personal profit, where such sales are
operated in front of or adjacent to a store or place of business with the consent of the owner
or manager thereof. The prohibition set out in subsection (1) of this section shall not prevent
the operation of an outdoorsidewalk cafe on the public right(s)-of-waysidewalk where the
Attachment number 1
Page 12 of 13
- 13 –
Ordinance No. 8042-09
outdoorsidewalk cafe is permitted under the provisions of section 3-909201C. of the
CommunityLand Development Code.
Section 9. 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 10. 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 11. 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 12. Notice of the proposed enactment of this Ordinance has been properly
advertised in a newspaper of general circulation in accordance with applicable law.
Section 13. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING _____________________
PASSED ON SECOND AND FINAL _____________________
READING AND ADOPTED
___________________________
Frank V. Hibbard
Mayor
Approved as to form: Attest:
__________________________ ____________________________
Leslie Dougall-Sides Cynthia E. Goudeau
Assistant City Attorney City Clerk
Attachment number 1
Page 13 of 13
Work Session
Council Chambers - City Hall
Meeting Date:6/1/2009
SUBJECT / RECOMMENDATION:
Adopt Ordinance No. 8050-09 on second reading, annexing certain real property whose post office address is 1935 Old Coachman
Road, into the corporate limits of the city and redefining the boundary lines of the city to include said addition.
SUMMARY:
Review Approval:1) Clerk
Cover Memo
Ordinance No. 8050-09
ORDINANCE NO. 8050-09
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE
EAST SIDE OF OLD COACHMAN ROAD APPROXIMATELY 480
FEET NORTH OF SUNSET POINT ROAD, CONSISTING OF LOT
10, BLOCK A, SUNSET POINT ESTATES, WHOSE POST
OFFICE ADDRESS IS 1935 OLD COACHMAN ROAD, INTO THE
CORPORATE LIMITS OF THE CITY, AND REDEFINING THE
BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the owner of the real property described herein and depicted on the map
attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the
City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable
requirements of Florida law in connection with this ordinance; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following-described property is hereby annexed into the City of Clearwater
and the boundary lines of the City are redefined accordingly:
Lot 10, Block A, Sunset Point Estates, according to the plat thereof as recorded in
Plat Book 39, Page 67, Public Records of Pinellas County, Florida
(ANX2009-01003)
Section 2. The provisions of this ordinance are found and determined to be consistent
with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication
of all easements, parks, rights-of-way and other dedications to the public, which have heretofore
been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk
and the Planning Director are directed to include and show the property described herein upon the
official maps and records of the City.
Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk
shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the
Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after
adoption, and shall file a certified copy with the Florida Department of State within 30 days after
adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
________________________________
Frank V. Hibbard
Mayor
Approved as to form: Attest:
___________________________ ____________________________________
Leslie K. Dougall-Sides Cynthia E. Goudeau
Assistant City Attorney City Clerk
Attachment number 1
Page 1 of 1
Work Session
Council Chambers - City Hall
Meeting Date:6/1/2009
SUBJECT / RECOMMENDATION:
Adopt Ordinance No. 8051-09 on second reading, amending the future land use element of the Comprehensive Plan of the city to
designate the land use for certain real property whose post office address is 1935 Old Coachman Road, upon annexation into the City of
Clearwater, as Residential Low (RL).
SUMMARY:
Review Approval:1) Clerk
Cover Memo
Ordinance No. 8051-09
ORDINANCE NO. 8051-09
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE FUTURE LAND USE PLAN
ELEMENT OF THE COMPREHENSIVE PLAN OF THE
CITY, TO DESIGNATE THE LAND USE FOR CERTAIN
REAL PROPERTY LOCATED ON THE EAST SIDE OF OLD
COACHMAN ROAD APPROXIMATELY 480 FEET NORTH
OF SUNSET POINT ROAD, CONSISTING OF LOT 10,
BLOCK A, SUNSET POINT ESTATES, WHOSE POST
OFFICE ADDRESS IS 1935 OLD COACHMAN ROAD,
UPON ANNEXATION INTO THE CITY OF CLEARWATER,
AS RESIDENTIAL LOW (RL); PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the amendment to the future land use plan element of the
comprehensive plan of the City as set forth in this ordinance is found to be reasonable,
proper and appropriate, and is consistent with the City's comprehensive plan; now,
therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The future land use plan element of the comprehensive plan of the City
of Clearwater is amended by designating the land use category for the hereinafter
described property, upon annexation into the City of Clearwater, as follows:
Property Land Use Category
Lot 10, Block A, Sunset Point Estates, according Residential Low (RL)
to the plat thereof as recorded in Plat Book 39,
Page 67, Public Records of Pinellas County, Florida
(ANX2009-01003)
Section 2. The City Council does hereby certify that this ordinance is consistent
with the City’s comprehensive plan.
Section 3. This ordinance shall take effect immediately upon adoption, contingent
upon and subject to the adoption of Ordinance No. 8050-09.
PASSED ON FIRST READING _____________________
PASSED ON SECOND AND FINAL _____________________
READING AND ADOPTED
__________________________
Frank V. Hibbard
Mayor
Approved as to form: Attest:
__________________________ __________________________
Leslie K. Dougall-Sides Cynthia E. Goudeau
Assistant City Attorney City Clerk
Attachment number 1
Page 1 of 1
Work Session
Council Chambers - City Hall
Meeting Date:6/1/2009
SUBJECT / RECOMMENDATION:
Adopt Ordinance No. 8052-09 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post
office address is 1935 Old Coachman Road, upon annexation into the City of Clearwater, as Low Medium Density Residential
(LMDR).
SUMMARY:
Review Approval:1) Clerk
Cover Memo
Ordinance No. 8052-09
ORDINANCE NO. 8052-09
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY
BY ZONING CERTAIN REAL PROPERTY LOCATED ON
THE EAST SIDE OF OLD COACHMAN ROAD
APPROXIMATELY 480 FEET NORTH OF SUNSET POINT
ROAD, CONSISTING OF LOT 10, BLOCK A, SUNSET
POINT ESTATES, WHOSE POST OFFICE ADDRESS IS
1935 OLD COACHMAN ROAD, UPON ANNEXATION INTO
THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY
RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE.
WHEREAS, the assignment of a zoning district classification as set forth in this
ordinance is found to be reasonable, proper and appropriate, and is consistent with the
City's comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The following described property located in Pinellas County, Florida, is
hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning
atlas of the City is amended, as follows:
Property Zoning District
Lot 10, Block A, Sunset Point Estates, according Low Medium Density
to the plat thereof as recorded in Plat Book 39, Residential (LMDR)
Page 67, Public Records of Pinellas County, Florida
(ANX2009-01003)
Section 2. The City Engineer is directed to revise the zoning atlas of the City in
accordance with the foregoing amendment.
Section 3. This ordinance shall take effect immediately upon adoption, contingent
upon and subject to the adoption of Ordinance No. 8050-09.
PASSED ON FIRST READING ___________________________
PASSED ON SECOND AND FINAL ___________________________
READING AND ADOPTED
_______________________________
Frank V. Hibbard
Mayor
Approved as to form: Attest:
__________________________ ______________________________
Leslie K. Dougall-Sides Cynthia E. Goudeau
Assistant City Attorney City Clerk
Attachment number 1
Page 1 of 1
Work Session
Council Chambers - City Hall
Meeting Date:6/1/2009
SUBJECT / RECOMMENDATION:
Adopt Ordinance No. 8053-09 on second reading, annexing certain real property whose post office address is 3012 Glen Oak Avenue
North, together with the abutting right-of-way of Glen Oak Avenue North, into the corporate limits of the city and redefining the
boundary lines of the city to include said addition.
SUMMARY:
Review Approval:1) Clerk
Cover Memo
Ordinance No. 8053-09
ORDINANCE NO. 8053-09
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, ANNEXING CERTAIN REAL PROPERTY
LOCATED ON THE NORTH SIDE OF GLEN OAK AVENUE
NORTH APPROXIMATELY 155 FEET EAST OF BAYVIEW
AVENUE, CONSISTING OF LOT 23, BLOCK C, KAPOK
TERRACE, WHOSE POST OFFICE ADDRESS IS 3012
GLEN OAK AVENUE NORTH, TOGETHER WITH THE
ABUTTING RIGHT-OF-WAY OF GLEN OAK AVENUE
NORTH, INTO THE CORPORATE LIMITS OF THE CITY,
AND REDEFINING THE BOUNDARY LINES OF THE CITY
TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the owner of the real property described herein and depicted on the
map attached hereto as Exhibit A has petitioned the City of Clearwater to annex the
property into the City pursuant to Section 171.044, Florida Statutes, and the City has
complied with all applicable requirements of Florida law in connection with this ordinance;
now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The following-described property is hereby annexed into the City of
Clearwater and the boundary lines of the City are redefined accordingly:
Lot 23, Block C, Kapok Terrace, according to the plat thereof as recorded in
Plat Book 36, Pages 14 and 15, Public Records of Pinellas County, Florida,
together with the right-of-way abutting lots 23, 24 and 25 of Glen Oak
Avenue North.
(ANX2009-02004)
Section 2. The provisions of this ordinance are found and determined to be
consistent with the City of Clearwater Comprehensive Plan. The City Council hereby
accepts the dedication of all easements, parks, rights-of-way and other dedications to the
public, which have heretofore been made by plat, deed or user within the annexed
property. The City Engineer, the City Clerk and the Planning Director are directed to
include and show the property described herein upon the official maps and records of the
City.
Section 3. This ordinance shall take effect immediately upon adoption. The City
Clerk shall file certified copies of this ordinance, including the map attached hereto, with
the Clerk of the Circuit Court and with the County Administrator of Pinellas County,
Florida, within 7 days after adoption, and shall file a certified copy with the Florida
Department of State within 30 days after adoption.
Attachment number 1
Page 1 of 2
Ordinance No. 8053-09 2
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
________________________________
Frank V. Hibbard
Mayor
Approved as to form: Attest:
___________________________ ____________________________________
Leslie K. Dougall-Sides Cynthia E. Goudeau
Assistant City Attorney City Clerk
Attachment number 1
Page 2 of 2
Work Session
Council Chambers - City Hall
Meeting Date:6/1/2009
SUBJECT / RECOMMENDATION:
Adopt Ordinance No. 8054-09 on second reading, amending the future land use element of the Comprehensive Plan of the city to
designate the land use for certain real property whose post office address is 3012 Glen Oak Avenue North, together with the abutting
right-of-way of Glen Oak Avenue North, upon annexation into the City of Clearwater, as Residential Low (RL).
SUMMARY:
Review Approval:1) Clerk
Cover Memo
Ordinance No. 8054-09
ORDINANCE NO. 8054-09
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE
COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE
LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE
NORTH SIDE OF GLEN OAK AVENUE NORTH
APPROXIMATELY 155 FEET EAST OF BAYVIEW AVENUE,
CONSISTING OF LOT 23, BLOCK C, KAPOK TERRACE,
WHOSE POST OFFICE ADDRESS IS 3012 GLEN OAK AVENUE
NORTH, TOGETHER WITH THE ABUTTING RIGHT-OF-WAY
OF GLEN OAK AVENUE NORTH, UPON ANNEXATION INTO
THE CITY OF CLEARWATER, AS RESIDENTIAL LOW (RL);
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the amendment to the future land use plan element of the comprehensive
plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate,
and is consistent with the City's comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The future land use plan element of the comprehensive plan of the City of
Clearwater is amended by designating the land use category for the hereinafter described
property, upon annexation into the City of Clearwater, as follows:
Property Land Use Category
Lot 23, Block C, Kapok Terrace, according to the plat Residential Low (RL)
thereof as recorded in Plat Book 36, Pages 14 and 15,
Public Records of Pinellas County, Florida, together
with the right-of-way abutting lots 23, 24 and 25 of
Glen Oak Avenue North. (ANX2009-02004)
Section 2. The City Council does hereby certify that this ordinance is consistent with
the City’s comprehensive plan.
Section 3. This ordinance shall take effect immediately upon adoption, contingent upon
and subject to the adoption of Ordinance No. 8053-09.
PASSED ON FIRST READING _____________________
PASSED ON SECOND AND FINAL _____________________
READING AND ADOPTED
__________________________
Frank V. Hibbard
Mayor
Approved as to form: Attest:
__________________________ __________________________
Leslie K. Dougall-Sides Cynthia E. Goudeau
Assistant City Attorney City Clerk
Attachment number 1
Page 1 of 1
Work Session
Council Chambers - City Hall
Meeting Date:6/1/2009
SUBJECT / RECOMMENDATION:
Adopt Ordinance No. 8055-09 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post
office address is 3012 Glen Oak Avenue North, together with the abutting right-of-way of Glen Oak Avenue North, upon annexation
into the City of Clearwater, as Low Medium Density Residential (LMDR).
SUMMARY:
Review Approval:1) Clerk
Cover Memo
Ordinance No. 8055-09
ORDINANCE NO. 8055-09
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE ZONING ATLAS OF THE CITY BY ZONING
CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE
OF GLEN OAK AVENUE NORTH APPROXIMATELY 155 FEET
EAST OF BAYVIEW AVENUE, CONSISTING OF LOT 23,
BLOCK C, KAPOK TERRACE, WHOSE POST OFFICE
ADDRESS IS 3012 GLEN OAK AVENUE NORTH, TOGETHER
WITH THE ABUTTING RIGHT-OF-WAY OF GLEN OAK
AVENUE NORTH UPON ANNEXATION INTO THE CITY OF
CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL
(LMDR) PROVIDING AN EFFECTIVE DATE.
WHEREAS, the assignment of a zoning district classification as set forth in this ordinance
is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive
plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following described property located in Pinellas County, Florida, is hereby
zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is
amended, as follows:
Property Zoning District
Lot 23, Block C, Kapok Terrace, according to the Low Medium Density
plat thereof as recorded in Plat Book 36, Pages Residential
14 and 15, Public Records of Pinellas County, (LMDR)
Florida, together with the right-of-way abutting
lots 23, 24 and 25 of Glen Oak Avenue North.
(ANX2009-02004)
Section 2. The City Engineer is directed to revise the zoning atlas of the City in
accordance with the foregoing amendment.
Section 3. This ordinance shall take effect immediately upon adoption, contingent upon
and subject to the adoption of Ordinance No. 8053-09.
PASSED ON FIRST READING ___________________________
PASSED ON SECOND AND FINAL ___________________________
READING AND ADOPTED
_______________________________
Frank V. Hibbard
Mayor
Approved as to form: Attest:
__________________________ ______________________________
Leslie K. Dougall-Sides Cynthia E. Goudeau
Assistant City Attorney City Clerk
Attachment number 1
Page 1 of 1
Work Session
Council Chambers - City Hall
Meeting Date:6/1/2009
SUBJECT / RECOMMENDATION:
Adopt Ordinance No. 8056-09 on second reading, annexing certain real property whose post office address is 918 Moss Avenue, into
the corporate limits of the city and redefining the boundary lines of the city to include said addition.
SUMMARY:
Review Approval:1) Clerk
Cover Memo
Ordinance No. 8056-09
ORDINANCE NO. 8056-09
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, ANNEXING CERTAIN REAL PROPERTY
LOCATED ON THE WEST SIDE OF MOSS AVENUE AND
ON THE SOUTH SIDE OF GLEN OAK AVENUE NORTH,
APPROXIMATELY 100 FEET EAST OF BAYVIEW AVENUE,
CONSISTING OF LOT 1, BLOCK F, KAPOK TERRACE,
WHOSE POST OFFICE ADDRESS IS 918 MOSS AVENUE,
INTO THE CORPORATE LIMITS OF THE CITY, AND
REDEFINING THE BOUNDARY LINES OF THE CITY TO
INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the owner of the real property described herein and depicted on the
map attached hereto as Exhibit A has petitioned the City of Clearwater to annex the
property into the City pursuant to Section 171.044, Florida Statutes, and the City has
complied with all applicable requirements of Florida law in connection with this ordinance;
now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The following-described property is hereby annexed into the City of
Clearwater and the boundary lines of the City are redefined accordingly:
Lot 1, Block F, Kapok Terrace, according to the map or plat thereof,
recorded in Plat Book 36, Pages 14 and 15, Public Records of Pinellas
County, Florida (ANX2009-02005)
Section 2. The provisions of this ordinance are found and determined to be
consistent with the City of Clearwater Comprehensive Plan. The City Council hereby
accepts the dedication of all easements, parks, rights-of-way and other dedications to the
public, which have heretofore been made by plat, deed or user within the annexed
property. The City Engineer, the City Clerk and the Planning Director are directed to
include and show the property described herein upon the official maps and records of the
City.
Section 3. This ordinance shall take effect immediately upon adoption. The City
Clerk shall file certified copies of this ordinance, including the map attached hereto, with
the Clerk of the Circuit Court and with the County Administrator of Pinellas County,
Florida, within 7 days after adoption, and shall file a certified copy with the Florida
Department of State within 30 days after adoption.
PASSED ON FIRST READING
Attachment number 1
Page 1 of 2
Ordinance No. 8056-09 2
PASSED ON SECOND AND FINAL
READING AND ADOPTED
________________________________
Frank V. Hibbard
Mayor
Approved as to form: Attest:
___________________________ ____________________________________
Leslie K. Dougall-Sides Cynthia E. Goudeau
Assistant City Attorney City Clerk
Attachment number 1
Page 2 of 2
Work Session
Council Chambers - City Hall
Meeting Date:6/1/2009
SUBJECT / RECOMMENDATION:
Adopt Ordinance No. 8057-09 on second reading, amending the future land use element of the Comprehensive Plan of the city to
designate the land use for certain real property whose post office address is 918 Moss Avenue, upon annexation into the City of
Clearwater, as Residential Low (RL).
SUMMARY:
Review Approval:1) Clerk
Cover Memo
Ordinance No. 8057-09
ORDINANCE NO. 8057-09
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE FUTURE LAND USE PLAN
ELEMENT OF THE COMPREHENSIVE PLAN OF THE
CITY, TO DESIGNATE THE LAND USE FOR CERTAIN
REAL PROPERTY LOCATED ON THE WEST SIDE OF
MOSS AVENUE AND ON THE SOUTH SIDE OF GLEN
OAK AVENUE NORTH, APPROXIMATELY 100 FEET
EAST OF BAYVIEW AVENUE, CONSISTING OF LOT 1,
BLOCK F, KAPOK TERRACE, WHOSE POST OFFICE
ADDRESS IS 918 MOSS AVENUE, UPON ANNEXATION
INTO THE CITY OF CLEARWATER, AS RESIDENTIAL
LOW (RL); PROVIDING AN EFFECTIVE DATE.
WHEREAS, the amendment to the future land use plan element of the
comprehensive plan of the City as set forth in this ordinance is found to be reasonable,
proper and appropriate, and is consistent with the City's comprehensive plan; now,
therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The future land use plan element of the comprehensive plan of the City
of Clearwater is amended by designating the land use category for the hereinafter
described property, upon annexation into the City of Clearwater, as follows:
Property Land Use Category
Lot 1, Block F, Kapok Terrace, according to the Residential Low (RL)
map or plat thereof, recorded in Plat Book 36,
Pages 14 and 15, Public Records of Pinellas
County, Florida (ANX2009-02005)
Section 2. The City Council does hereby certify that this ordinance is consistent
with the City’s comprehensive plan.
Section 3. This ordinance shall take effect immediately upon adoption, contingent
upon and subject to the adoption of Ordinance No. 8056-09.
PASSED ON FIRST READING _____________________
PASSED ON SECOND AND FINAL _____________________
READING AND ADOPTED
__________________________
Frank V. Hibbard
Mayor
Approved as to form: Attest:
__________________________ __________________________
Leslie K. Dougall-Sides Cynthia E. Goudeau
Assistant City Attorney City Clerk
Attachment number 1
Page 1 of 1
Work Session
Council Chambers - City Hall
Meeting Date:6/1/2009
SUBJECT / RECOMMENDATION:
Adopt Ordinance No. 8058-09 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post
office address is 918 Moss Avenue, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR).
SUMMARY:
Review Approval:1) Clerk
Cover Memo
Ordinance No. 8058-09
ORDINANCE NO. 8058-09
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY
BY ZONING CERTAIN REAL PROPERTY LOCATED ON
THE WEST SIDE OF MOSS AVENUE AND ON THE
SOUTH SIDE OF GLEN OAK AVENUE NORTH,
APPROXIMATELY 100 FEET EAST OF BAYVIEW
AVENUE, CONSISTING OF LOT 1, BLOCK F, KAPOK
TERRACE, WHOSE POST OFFICE ADDRESS IS 918
MOSS AVENUE, UPON ANNEXATION INTO THE CITY OF
CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL
(LMDR); PROVIDING AN EFFECTIVE DATE.
WHEREAS, the assignment of a zoning district classification as set forth in this
ordinance is found to be reasonable, proper and appropriate, and is consistent with the
City's comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The following described property located in Pinellas County, Florida, is
hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning
atlas of the City is amended, as follows:
Property Zoning District
Lot 1, Block F, Kapok Terrace, according to Low Medium Density Residential
the map or plat thereof, recorded in Plat Book 36, (LMDR)
Pages 14 and 15, Public Records of Pinellas
County, Florida (ANX2009-02005)
Section 2. The City Engineer is directed to revise the zoning atlas of the City in
accordance with the foregoing amendment.
Section 3. This ordinance shall take effect immediately upon adoption, contingent
upon and subject to the adoption of Ordinance No. 8056-09.
PASSED ON FIRST READING ___________________________
PASSED ON SECOND AND FINAL ___________________________
READING AND ADOPTED
_______________________________
Frank V. Hibbard
Mayor
Approved as to form: Attest:
__________________________ ______________________________
Leslie K. Dougall-Sides Cynthia E. Goudeau
Assistant City Attorney City Clerk
Attachment number 1
Page 1 of 2
Ordinance No. 8058-09
Attachment number 1
Page 2 of 2
Work Session
Council Chambers - City Hall
Meeting Date:6/1/2009
SUBJECT / RECOMMENDATION:
Adopt Ordinance No. 8062-09 on second reading, annexing certain real property whose post office address is 1831 Beverly Circle
North, into the corporate limits of the city and redefining the boundary lines of the city to include said addition.
SUMMARY:
Review Approval:1) Clerk
Cover Memo
Ordinance No. 8062-09
ORDINANCE NO. 8062-09
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE
SOUTH SIDE OF BEVERLY CIRCLE APPROXIMATELY 460
FEET EAST OF KEENE ROAD AND 180 FEET WEST OF
BROOKSIDE ROAD, CONSISTING OF LOT 1, LAKE LELA
MANOR FIRST ADDITION, WHOSE POST OFFICE ADDRESS IS
1831 BEVERLY CIRCLE NORTH, INTO THE CORPORATE
LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY
LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the owner of the real property described herein and depicted on the map
attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the
City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable
requirements of Florida law in connection with this ordinance; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following-described property is hereby annexed into the City of Clearwater
and the boundary lines of the City are redefined accordingly:
Lot 1, Lake Lela Manor First Addition, according to the map or plat thereof as
recorded in Plat Book 38, Page 7, public records of Pinellas County, Florida
(ANX2009-02006)
Section 2. The provisions of this ordinance are found and determined to be consistent
with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication
of all easements, parks, rights-of-way and other dedications to the public, which have heretofore
been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk
and the Planning Director are directed to include and show the property described herein upon the
official maps and records of the City.
Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk
shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the
Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after
adoption, and shall file a certified copy with the Florida Department of State within 30 days after
adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
________________________________
Frank V. Hibbard
Mayor
Approved as to form: Attest:
___________________________ ____________________________________
Leslie K. Dougall-Sides Cynthia E. Goudeau
Assistant City Attorney City Clerk
Attachment number 1
Page 1 of 1
Work Session
Council Chambers - City Hall
Meeting Date:6/1/2009
SUBJECT / RECOMMENDATION:
Adopt Ordinance No. 8063-09 on second reading, amending the future land use element of the Comprehensive Plan of the city to
designate the land use for certain real property whose post office address is 1831 Beverly Circle North, upon annexation into the City of
Clearwater, as Residential Low (RL).
SUMMARY:
Review Approval:1) Clerk
Cover Memo
Ordinance No. 8063-09
ORDINANCE NO. 8063-09
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE FUTURE LAND USE PLAN
ELEMENT OF THE COMPREHENSIVE PLAN OF THE
CITY, TO DESIGNATE THE LAND USE FOR CERTAIN
REAL PROPERTY LOCATED ON THE SOUTH SIDE OF
BEVERLY CIRCLE APPROXIMATELY 460 FEET EAST OF
KEENE ROAD AND 180 FEET WEST OF BROOKSIDE
ROAD, CONSISTING OF LOT 1, LAKE LELA MANOR
FIRST ADDITION, WHOSE POST OFFICE ADDRESS IS
1831 BEVERLY CIRCLE NORTH, UPON ANNEXATION
INTO THE CITY OF CLEARWATER, AS RESIDENTIAL
LOW (RL) PROVIDING AN EFFECTIVE DATE.
WHEREAS, the amendment to the future land use plan element of the
comprehensive plan of the City as set forth in this ordinance is found to be reasonable,
proper and appropriate, and is consistent with the City's comprehensive plan; now,
therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The future land use plan element of the comprehensive plan of the City
of Clearwater is amended by designating the land use category for the hereinafter
described property, upon annexation into the City of Clearwater, as follows:
Property Land Use Category
Lot 1, Lake Lela Manor First Addition, according Residential Low (RL)
to the map or plat thereof as recorded in Plat Book
38, Page 7, public records of Pinellas County,
Florida (ANX2009-02006)
Section 2. The City Council does hereby certify that this ordinance is consistent
with the City’s comprehensive plan.
Section 3. This ordinance shall take effect immediately upon adoption, contingent
upon and subject to the adoption of Ordinance No. 8062-09.
PASSED ON FIRST READING _____________________
PASSED ON SECOND AND FINAL _____________________
READING AND ADOPTED
__________________________
Frank V. Hibbard
Mayor
Approved as to form: Attest:
__________________________ __________________________
Leslie K. Dougall-Sides Cynthia E. Goudeau
Assistant City Attorney City Clerk
Attachment number 1
Page 1 of 1
Work Session
Council Chambers - City Hall
Meeting Date:6/1/2009
SUBJECT / RECOMMENDATION:
Adopt Ordinance No. 8064-09 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post
office address is 1831 Beverly Circle North, upon annexation into the City of Clearwater, as Low Density Residential (LDR).
SUMMARY:
Review Approval:1) Clerk
Cover Memo
Ordinance No. 8064-09
ORDINANCE NO. 8064-09
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY
BY ZONING CERTAIN REAL PROPERTY LOCATED ON
THE SOUTH SIDE OF BEVERLY CIRCLE
APPROXIMATELY 460 FEET EAST OF KEENE ROAD
AND 180 FEET WEST OF BROOKSIDE ROAD,
CONSISTING OF LOT 1, LAKE LELA MANOR FIRST
ADDITION, WHOSE POST OFFICE ADDRESS IS 1831
BEVERLY CIRCLE NORTH, UPON ANNEXATION INTO
THE CITY OF CLEARWATER, AS LOW DENSITY
RESIDENTIAL (LDR); PROVIDING AN EFFECTIVE DATE.
WHEREAS, the assignment of a zoning district classification as set forth in this
ordinance is found to be reasonable, proper and appropriate, and is consistent with the
City's comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The following described property located in Pinellas County, Florida, is
hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning
atlas of the City is amended, as follows:
Property Zoning District
Lot 1, Lake Lela Manor First Addition, according to Low Density Residential (LDR)
the map or plat thereof as recorded in Plat Book
38, Page 7, public records of Pinellas County, Florida
(ANX2009-02006)
Section 2. The City Engineer is directed to revise the zoning atlas of the City in
accordance with the foregoing amendment.
Section 3. This ordinance shall take effect immediately upon adoption, contingent
upon and subject to the adoption of Ordinance No. 8062-09.
PASSED ON FIRST READING ___________________________
PASSED ON SECOND AND FINAL ___________________________
READING AND ADOPTED
_______________________________
Frank V. Hibbard
Mayor
Approved as to form: Attest:
__________________________ ______________________________
Leslie K. Dougall-Sides Cynthia E. Goudeau
Assistant City Attorney City Clerk
Attachment number 1
Page 1 of 2
Ordinance No. 8064-09
Attachment number 1
Page 2 of 2
Work Session
Council Chambers - City Hall
Meeting Date:6/1/2009
SUBJECT / RECOMMENDATION:
Adopt Ordinance No. 8065-09 on second reading, annexing certain real property whose post office address is 1927 Summit Drive, into
the corporate limits of the city and redefining the boundary lines of the city to include said addition.
SUMMARY:
Review Approval:1) Clerk
Cover Memo
Ordinance No. 8065-09
ORDINANCE NO. 8065-09
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE
EAST SIDE OF SUMMIT DRIVE APPROXIMATELY 100 FEET
NORTH OF RAYMONT DRIVE, CONSISTING OF LOT 94,
SKYLINE GROVES, WHOSE POST OFFICE ADDRESS IS 1927
SUMMIT DRIVE, INTO THE CORPORATE LIMITS OF THE CITY,
AND REDEFINING THE BOUNDARY LINES OF THE CITY TO
INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the owner of the real property described herein and depicted on the map
attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the
City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable
requirements of Florida law in connection with this ordinance; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following-described property is hereby annexed into the City of Clearwater
and the boundary lines of the City are redefined accordingly:
Lot 94, Skyline Groves, according to plat thereof recorded in Plat Book 44, Page
22, public records of Pinellas County, Florida (ANX2009-03007)
Section 2. The provisions of this ordinance are found and determined to be consistent
with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication
of all easements, parks, rights-of-way and other dedications to the public, which have heretofore
been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk
and the Planning Director are directed to include and show the property described herein upon the
official maps and records of the City.
Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk
shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the
Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after
adoption, and shall file a certified copy with the Florida Department of State within 30 days after
adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
________________________________
Frank V. Hibbard
Mayor
Approved as to form: Attest:
___________________________ ____________________________________
Leslie K. Dougall-Sides Cynthia E. Goudeau
Assistant City Attorney City Clerk
Attachment number 1
Page 1 of 1
Work Session
Council Chambers - City Hall
Meeting Date:6/1/2009
SUBJECT / RECOMMENDATION:
Adopt Ordinance No. 8066-09 on second reading, amending the future land use element of the Comprehensive Plan of the city to
designate the land use for certain real property whose post office address is 1927 Summit Drive, upon annexation into the City of
Clearwater, as Residential Low (RL).
SUMMARY:
Review Approval:1) Clerk
Cover Memo
Ordinance No. 8066-09
ORDINANCE NO. 8066-09
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE FUTURE LAND USE PLAN
ELEMENT OF THE COMPREHENSIVE PLAN OF THE
CITY, TO DESIGNATE THE LAND USE FOR CERTAIN
REAL PROPERTY LOCATED ON THE EAST SIDE OF
SUMMIT DRIVE APPROXIMATELY 100 FEET NORTH OF
RAYMONT DRIVE, CONSISTING OF LOT 94, SKYLINE
GROVES, WHOSE POST OFFICE ADDRESS IS 1927
SUMMIT DRIVE, UPON ANNEXATION INTO THE CITY OF
CLEARWATER, AS RESIDENTIAL LOW (RL); PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the amendment to the future land use plan element of the
comprehensive plan of the City as set forth in this ordinance is found to be reasonable,
proper and appropriate, and is consistent with the City's comprehensive plan; now,
therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The future land use plan element of the comprehensive plan of the City
of Clearwater is amended by designating the land use category for the hereinafter
described property, upon annexation into the City of Clearwater, as follows:
Property Land Use Category
Lot 94, Skyline Groves, according to plat thereof Residential Low (RL)
recorded in Plat Book 44, Page 22, public records of
Pinellas County, Florida (ANX2009-03007)
Section 2. The City Council does hereby certify that this ordinance is consistent
with the City’s comprehensive plan.
Section 3. This ordinance shall take effect immediately upon adoption, contingent
upon and subject to the adoption of Ordinance No. 8065-09.
PASSED ON FIRST READING _____________________
PASSED ON SECOND AND FINAL _____________________
READING AND ADOPTED
__________________________
Frank V. Hibbard
Mayor
Approved as to form: Attest:
__________________________ __________________________
Leslie K. Dougall-Sides Cynthia E. Goudeau
Assistant City Attorney City Clerk
Attachment number 1
Page 1 of 1
Work Session
Council Chambers - City Hall
Meeting Date:6/1/2009
SUBJECT / RECOMMENDATION:
Adopt Ordinance No. 8067-09 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post
office address is 1927 Summit Drive, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR).
SUMMARY:
Review Approval:1) Clerk
Cover Memo
Ordinance No. 8067-09
ORDINANCE NO. 8067-09
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY
BY ZONING CERTAIN REAL PROPERTY LOCATED ON
THE EAST SIDE OF SUMMIT DRIVE APPROXIMATELY
100 FEET NORTH OF RAYMONT DRIVE, CONSISTING
OF LOT 94, SKYLINE GROVES, WHOSE POST OFFICE
ADDRESS IS 1927 SUMMIT DRIVE UPON ANNEXATION
INTO THE CITY OF CLEARWATER, AS LOW MEDIUM
DENSITY RESIDENTIAL (LMDR); PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the assignment of a zoning district classification as set forth in this
ordinance is found to be reasonable, proper and appropriate, and is consistent with the
City's comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The following described property located in Pinellas County, Florida, is
hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning
atlas of the City is amended, as follows:
Property Zoning District
Lot 94, Skyline Groves, according to plat thereof Low Medium Density Residential
recorded in Plat Book 44, Page 22, public records of (LMDR)
Pinellas County, Florida (ANX2009-03007)
Section 2. The City Engineer is directed to revise the zoning atlas of the City in
accordance with the foregoing amendment.
Section 3. This ordinance shall take effect immediately upon adoption, contingent
upon and subject to the adoption of Ordinance No. 8065-09.
PASSED ON FIRST READING ___________________________
PASSED ON SECOND AND FINAL ___________________________
READING AND ADOPTED
_______________________________
Frank V. Hibbard
Mayor
Approved as to form: Attest:
__________________________ ______________________________
Leslie K. Dougall-Sides Cynthia E. Goudeau
Assistant City Attorney City Clerk
Attachment number 1
Page 1 of 1
Work Session
Council Chambers - City Hall
Meeting Date:6/1/2009
SUBJECT / RECOMMENDATION:
Continue 2nd Reading of Ordinance 8025-09 to June 18, 2009 to amend Article VII, Solid Waste Management,Section 32.271 through
32.322, Amend Appendix A, Schedule of fees, rates, and charges, Article XXV, Public Works-fees, rates and charges, section; (3)(c)
Solid Waste collection rates through Solid Waste Roll-off container or waste receptacle service(5)(b)(ii)(7.
SUMMARY:
Review Approval:1) Clerk
Cover Memo
Work Session
Council Chambers - City Hall
Meeting Date:6/1/2009
SUBJECT / RECOMMENDATION:
Well Development & Sink Holes
SUMMARY:
Review Approval:1) Clerk
Cover Memo
Work Session
Council Chambers - City Hall
Meeting Date:6/1/2009
SUBJECT / RECOMMENDATION:
Alcohol and Concessions on Sand Key Park - Councilmember Cretekos
SUMMARY:
Review Approval:1) Clerk
Cover Memo
From: Goudeau, Cyndie
Sent: Thursday, May 28, 2009 12:24 PM
To: Vaughan, Karen
Cc: Gilmore, Stephanie; Sprague, Nicole
Subject: FW: 5.14.09.doc
Attachments: header.htm
Attachment for the Council Discussion Item – provide hard copies.
Thanks. - Cyndie
From: Cretekos, George
Sent: Thursday, May 28, 2009 11:38 AM
To: Goudeau, Cyndie
Subject: 5.14.09.doc
Eagle Lake Park
1690 Keene Road, Largo, FL
May 14, 2009
PARK BOARD MEMBERS PRESENT:
Ms. Mary Rogero, Chair
Mr. David Kandz, Vice-Chair
Mr. Douglas Gillespie
Ms. Julie Adams
Dr. Thomas Cuba
Ms. Suzanne Henslee
PARK BOARD MEMBERS ABSENT:
none
CULTURE, EDUCATION AND LEISURE DIRECTOR Mr. Paul Cozzie
MANAGING ASST. COUNTY ATTORNEY ABSENT Mr. Dennis Long
ASST. CO. ATTORNEY Mr. David McCrea
ASST CO. ADMINISTRATOR Ms. Elizabeth Warren
PARKS AND RECREATION BOARD SECRETARY Ms. Sally Connor
GUESTS:
Mr. Lyle Fowler, Operations Manager
Ms. Kathy Swain, Operations Manager
Mr. Vernon Bryant, Horticulture Manager
Ms. Sandra Burton, Finance Manager
Mr. Tim Closterman, Communications Dept.
Ms. Laura DeMoss, Co. Administrator Office
VISITORS:
None
A regular meeting of the Pinellas County Parks and Recreation Advisory
Board was held at Eagle Lake Park, 1690 Keene Road, Largo, Florida 33771
on May 14, 2009 at 9:30 a.m.
I. OPEN MEETING/INTRODUCTIONS:
Ms. Rogero called the meeting to order at 9:31 a.m.
II. APPROVAL OF MINUTES: Ms. Rogero requested a motion to approve the
minutes from the March 19, 2009 meeting.
MOTION: Kandz/Rogero: To approve minutes as indicated above.
Attachment number 1
Page 1 of 4
MOTION PASSED: All members voted “Aye”
III. CITIZENS TO BE HEARD:
None
IV. OLD BUSINESS:
None
V NEW BUSINESS:
? Sand Key / Madeira Beach Access Concession Proposals
Mr. Cozzie said the existing concession contract at Sand Key Park is up
for renewal. In addition, we reacquired the Madeira Beach Access area
and the two have been bundled together for a Request For Plans (RFP).
Ms. Swain has been working with the Purchasing Department and there were
a few things that came up in the proposals that Mr. Cozzie wanted to
take the board’s temperature to see how the members felt on how
extensive our concession services should be at Sand Key and Madeira
Beach.
Ms. Swain said the RFP was an open ended scope of work with the proposer
to provide a minimum of a roving concession service. Three bids have
been received. The bids range from a roving hot dog cart to a full
service concession facility, which includes the construction of a 2200
square foot facility, elevated building, which would offer a walk up,
take out menu, gift shop, equipment rental, such as beach chairs,
umbrellas, cabanas, kayaks, etc. Ms. Swain said she wanted to update
the members and get their advice. Ms. Henslee asked who would cover the
expense of the building. Ms. Swain replied the building would be at the
proposer’s expense. Mr. Cozzie said to give the members a comparison it
would be something similar to what is at Honeymoon Island presently.
Mr. Cozzie said the reason why he wanted to discuss this is due to what
happened at Fort De Soto Park a few years ago. While Sand Key Park is
much more urban and does not have the same issues as Fort De Soto, we
really have a large spectrum between the proposers. It is a lot more
intensive and also a request for the ability to serve alcohol within the
facility. We wanted to see what the board members thoughts as to what
would be the appropriate level of concession at, specifically, Sand Key
Park. The proposal for the Madeira Beach is a much-scaled down version.
Ms. Henslee said she personally thought it is an amazing opportunity.
It has been a proven success at Café Honeymoon; they have controlled it
well. Ms. Henslee said we are so limited in places that we can go have a
drink by the water. There are not that many restaurants, so for it to
bring appeal to a County property and we know it is a group that is
already doing this and doing it successfully, plus they are going to pay
the expense. This is a pretty solid business owner that has a strong
reputation.
Mr. Fowler asked Mr. Cozzie as a point of reference would it be alright
to let the board members know who the proposer is. Mr. Cozzie said it
is still in discussion and Ms. Swain said the evaluation committee has
not done their evaluations yet. Mr. Cozzie said there was a concern
from the evaluation committee before they met in regards to should the
committee look at something if no one is going to support it. Mr. Cozzie
discussed it with Ms. Warren and gave her background information and
informed her it would be discussed with the advisory board members; we
do not know what the county administrator’s position is and he may be
waiting to find out what the board members position is first.
Attachment number 1
Page 2 of 4
Dr. Cuba said his concern is the Sand Key community is sensitized to
these alcohol related issues and he thinks it would be a good idea for
someone to talk with the Sand Key Civic Association just to test the
water. Dr. Cuba said he can see them being very public and very
negative and he can also imagine them saying “this is cool”. At any
point, if they associated the park as a party facility and it is right
across the channel from the places they are not fond of; Mr. Cozzie
should not be put in that position. Mr. Cozzie said that is a good
point because he had to deal with the Civic Association when the
Australian Pine trees were being removed. It was one of those issues
that came up when we were replacing the trees with native species. The
park supervisor attended several of the Civic Association meetings
explaining why the trees were being removed. Dr. Cuba said he by no
means suggest that we do whatever they say, he just wants to know how
they would react ahead of time. Ms. Rogero said that she did not agree
with that. Ms. Rogero felt it would cause a red flag when there should
not be one. Dr. Cuba replied just picking them out and doing them the
honor could be all that would be necessary for them not oppose. Mr.
Cozzie said because we are government it is always best to talk to those
stakeholders whether real or imagined only because our commissioners
appreciate it when we are going into something with support rather than
finding out that a group is opposed to something. We have had a long
relationship with the association, so if it looks like the committee is
going to recommend that we go that way we would make that contact with
them before anything was finalized at least to get an opinion. Ms.
Rogero said with the parameters that have been expressed she cannot
imagine there would be any problems. Dr. Cuba said he agreed with Ms.
Rogero but we know the parameter and this way we would put ourselves in
a position of giving them all of the parameters at the right time and
that would help influence their opinion.
Dr. Cuba asked if the majority of the park users came from the
community. Mr. Cozzie said the dog park is used by the neighbors, but
the majority of the park is used by tourists and surfers, who like to go
to the jetty at the end of the park.
Ms. Rogero asked what type of alcohol would be served. Ms. Swain
replied beer and wine but it was not specified in the bid. However, it
would be restricted and controlled. Ms. Henslee said it seems to be
more of having a beer with your meal not a drinking environment.
Ms. Henslee asked how does staff feel about the proposal. Mr. Cozzie
said his personal opinion is we are providing a minimal level of service
presently and certainly one of the things that we look at is what the
impact will be on the park and will it create any extra work for staff
and he does not believe that is the case. For the number of visitors
with the current concessionaire we really do not see much of a return;
it is pretty minimal and to do something that would provide more revenue
and enhance the visitor experience, he has no problem with that.
Mr. Kandz asked who will own the building after it is constructed and
what is the County percentage of the sales. Ms. Swain said after 30
years the County would take ownership of the building, if we did not
have the proposer as the concessionaire again. That particular bid
projected 10% of the annual gross sales. The other bids were 15% of the
first $100,000. Mr. Cozzie said typically all RFP’s are negotiated as a
contract. Ms. Swain said currently the concessionaire at Sand Key Park
is a roving concession with beach umbrellas, chairs, cabanas, soft
drinks, hot dogs, etc. Mr. Fowler said to add some perceptive, the
Attachment number 1
Page 3 of 4
concessionaire at Honeymoon and Caladesi Island gross revenue is about
$700,000 per year.
Mr. Cozzie asked the board members if anyone is opposed to the enhanced
services proposal. Ms. Henslee said she thought it would be an enormous
asset. Dr. Cuba said he thought the park was big enough to handle it.
Ms. Adams said by having a building; everyone would know where it is
instead of trying to hunt down the roving vendor.
Ms. Swain stated it still needs to go through the evaluation committee.
Ms. Rogero asked about the Madeira Beach Access. Mr. Cozzie said it is
working out well and that Treasure Island Beach Access will be turned
over to the City of Treasure Island. The city never charged for parking
so no revenue will be lost.
? Eagle Lake Park Walking Tour
Mr. Cozzie gave the board members an overview of the park. Construction
started early last fall and the contractor was to complete the project
within 385 days, which would be November of this year. The construction
will be completed by the end of May or early June. Once the contractor
leaves the site, staff will be on site for several months doing tree
clean up, installing picnic tables, trash cans, benches, interior park
signage, etc. Additional landscape work will be done also, putting in
the buffer, berm planted, etc. Due to the size of the park the chain
link fence will stay, however plants and trees will be planted to make
the fence less visible.
The constructions was originally going to cost $13 million but the final
cost will be $8.8 million due to using smaller plants and utilizing
plants from our existing inventory. Mr. Bryant and his crew will be
working on the parking lot landscape also. The original architect
wanted to plant live oaks. We will be using trees from the Nursery
inventory instead.
Ms. Rogero asked when the deputy was going to move in. Mr. Bryant said
the house needs to have a tremendous amount of work done to it before
the deputy can move in and the work will not start until the contractor
is finished. Mr. Cozzie said we are not quite sure when the opening
date will be as timing is an issue. We may do a soft opening first. We
want to celebrate the park but we need to do it at the right time.
The meeting adjourned at 10.03 a.m. and the board members toured Eagle
Lake Park with staff.
Respectfully submitted,
Sally M. Connor
Parks and Recreation Advisory Board Secretary
Attachment number 1
Page 4 of 4
Work Session
Council Chambers - City Hall
Meeting Date:6/1/2009
SUBJECT / RECOMMENDATION:
Other Council Action
SUMMARY:
Review Approval:1) Clerk
Cover Memo
Work Session
Council Chambers - City Hall
Meeting Date:6/1/2009
SUBJECT / RECOMMENDATION:
Miss Florida, Jessica Fehr - Key to the City to be presented.
SUMMARY:
Review Approval:1) Clerk
Cover Memo