10/01/2009
- City Council Agenda
Location: Council Chambers - City Hall
Date: 10/1/2009- 6:00 PM
Welcome. We are glad to have you join us. If you wish to speak, please wait to be recognized, then state your
name and address. Persons speaking before the City Council shall be limited to three (3) minutes unless
otherwise noted under Public Hearings. For other than Citizens to be heard regarding items not on the Agenda, a
spokesperson for a group may speak for three (3) minutes plus an additional minute for each person in the
audience that waives their right to speak, up to a maximum of ten (10) minutes. Prior to the item being
presented, please obtain the needed form to designate a spokesperson from the City Clerk (right-hand side of
dais). Up to thirty minutes of public comment will be allowed for an agenda item. No person shall speak more
than once on the same subject unless granted permission by the City Council. The City of Clearwater strongly
supports and fully complies with the Americans with Disabilities Act (ADA). Please advise us at least 48 hours
prior to the meeting if you require special accommodations at 727-562-4090. Assisted Listening Devices are
available. Kindly refrain from using beepers, cellular telephones and other distracting devices during the
meeting.
1. Call to Order
2. Invocation
3. Pledge of Allegiance
4. Presentations
4.1 FLC Hometown Hero - Rebecca O'Hara, FLC Legislative Director
Attachments
4.2 Hispanic Heritage Month Proclamation
Attachments
4.3 October is Community Planning Month Proclamation
Attachments
5. Approval of Minutes
5.1 Approve the minutes of the September 17, 2009 City Council Meeting as submitted in written summation
by the City Clerk.
Attachments
6. Citizens to be Heard re Items Not on the Agenda
Public Hearings - Not before 6:00 PM
7. Administrative Public Hearings
- Presentation of issues by City staff
- Statement of case by applicant or representative (5 min.)
- Council questions
- Comments in support or opposition (3 min. per speaker or 10 min
maximum as spokesperson for others that have waived their time)
- Council questions
- Final rebuttal by applicant or representative (5 min.)
- Council disposition
7.1 Approve the Annexation, Initial Land Use Plan Designation of Residential Urban (RU), Preservation (P),
and Drainage Feature Overlay and Initial Zoning Atlas Designation of Medium Density Residential
(MDR) District and Preservation (P) District for 1923 N Betty Lane (Lots 5, 10, 11, and 12, together with
Lot 4 less the North 150 feet of said Lot 4, Lange's Replat of Brown's Subdivision in Section 3,
Township 29 South, Range 15 East); and pass Ordinances 8093-09, 8094-09 and 8095-09 on first reading.
(ANX2009-07011)
Attachments
8. Second Readings - Public Hearing
8.1 Continue to October 22, 2009 second Reading of Ordinances 8093-09, 8094-09, 8095-09 - ANX2009-
07011 1923 N Betty Lane
Attachments
8.2 Adopt Ordinance No. 8044-09 on second reading, amending the Community Development Code relating
to resort attached dwellings and overnight accommodations.
Attachments
8.3 Adopt Ordinance No. 8090-09 on second reading, annexing certain real property whose post office
address is 1520 South Highland Avenue into the corporate limits of the city and redefining the boundary
lines of the city to include said addition.
Attachments
8.4 Adopt Ordinance No. 8091-09 on second reading, amending the future land use plan element of the
Comprehensive Plan of the city to designate the land use for certain real property whose post office
address is 1520 South Highland Avenue, upon annexation into the City of Clearwater, as Residential Low
(RL).
Attachments
8.5 Adopt Ordinance No. 8092-09 on second reading, amending the Zoning Atlas of the city by zoning
certain real property whose post office address is 1520 South Highland Avenue, upon annexation into the
City of Clearwater, as Low Medium Density Residential (LMDR).
Attachments
City Manager Reports
9. Consent Agenda
9.1 Award contracts (blanket purchase orders)to Baker and Taylor, Atlanta, GA - $250,000; and Ingram
Library Services, Atlanta, GA - $170,000 for the purchase of library books and materials for the contract
period October 2, 2009 through September 30, 2010 and authorize the appropriate officials to execute
same. (consent)
Attachments
9.2 Accept funding totaling $200,738 from and approve the corresponding agreement with Coordinated Child
Care for the "Charting a Course for Youth" programs for youth and teens and authorize the appropriate
officials to execute same. (consent)
Attachments
9.3 Accept a Department of Justice, Bureau of Justice Assistance (DOJ/BJA) continuation grant in the amount
of $50,000 for a one-year period to fund the Clearwater Area Task Force on Human Trafficking and
authorize the appropriate officials to execute same. (consent)
Attachments
9.4 Approve a lease agreement between Pinellas Core Management Services, Inc. and the City of Clearwater
for the Hispanic Outreach Center on premises located at 612 Franklin Street, Clearwater, Florida, for a
period of three years commencing on November 1, 2009, and terminating on October 31, 2012, at a rental
of $1.00 per year and authorize the appropriate officials to execute same. (consent)
Attachments
9.5 Approve the 2010 Council Meeting schedule.
Attachments
10. Other Items on City Manager Reports
10.1 Certify that Ruth Eckerd Hall, Inc., a non-profit corporation, is consistent with local plans and regulations
including comprehensive plans for the Capitol Theatre proposed project and that Ruth Eckerd Hall, Inc.
qualifies under the State's Community Contribution Tax Credit Program (CCTCP) for public resources
and facilities affiliated with economic/community development efforts and adopt Resolution 09-36.
2 Attachments
10.2 Amend Appendix A, Schedule of Fees, Rates and Charges of the City of Clearwater Code of Ordinances
relating to Article XI, Parks, Beaches, and Recreation as it relates to the criteria which establishes the
class of city residents and pass Ordinance 8105-09 on first reading.
Attachments
10.3 Approve the collective bargaining agreement as negotiated between the City of Clearwater and the
Fraternal Order of Police Supervisors for Fiscal Years 2009/10, 2010/11, and 2011/12.
Attachments
10.4 Appoint three members to the Municipal Code Enforcement Board with the terms to expire October 31,
2012.
Attachments
Miscellaneous Reports and Items
11. City Manager Verbal Reports
11.1 City Manager Verbal Reports
Attachments
12. Council Discussion Items
12.1 Regional Chamber of Commerce Ability to Fulfill Tourism Contract
Attachments
12.2 Resolution 09-46
Attachments
13. Other Council Action
13.1 Other Council Action
Attachments
14. Adjourn
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
FLC Hometown Hero - Rebecca O'Hara, FLC Legislative Director
SUMMARY:
Meeting Date: 10/ 1/2009
Review Approval: 1) Clerk
Cover Memo
Item # 1
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Hispanic Heritage Month Proclamation
SUMMARY:
Meeting Date: 10/ 1/2009
Review Approval: 1) Clerk
Cover Memo
Item # 2
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
October is Community Planning Month Proclamation
SUMMARY:
Meeting Date: 10/ 1/2009
Review Approval: 1) Clerk
Cover Memo
Item # 3
City Council Agenda
Council Chambers - City Hall
Meeting Date: 10/ 1/2009
SUBJECT / RECOMMENDATION:
Approve the minutes of the September 17, 2009 City Council Meeting as submitted in written summation by the City Clerk.
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 4
Attachment number 1
Page 1 of 26
CITY COUNCIL MEETING MINUTES
CITY OF CLEARWATER
September 17, 2009
Unapproved
Present: Mayor Frank Hibbard, Vice-Mayor Paul Gibson, Councilmember George N.
Cretekos, Councilmember John Doran, and Councilmember Carlen Petersen.
Also William B. Horne II - City Manager, Jill S. Silverboard - Assistant City
present: Manager, Rod Irwin - Assistant City Manager, Pamela K. Akin - City Attorney,
Cynthia E. Goudeau - City Clerk, and Rosemarie Call - Management Analyst.
To provide continuity for research, items are in agenda order although not
necessarily discussed in that order.
1. Call t Order
The meeting was called to order at 6:00 p.m. at City Hall.
2. Dr. % - a x E E N. 'I of t
3. F ? -[ n r
4. Presentations
4.1 Service Awards
Two service awards were presented to city employees.
4.2 Fire Prevention Week Proclamation - October 4 through 10, 2009
4.3 Public atur I f- - !,'leek Proclamation - October 4 through 1 r) --f-
5. Approval of Minutes
5.1 Approve the minutes of the September 3, 2009 City Council Meeting as submitted
in written summation by the City Clerk.
Councilmember Carlen Petersen moved to approve the minutes of the September 3,
2009 City Council Meeting as submitted in written summation by the City Clerk. The
Council 2009-09-17 Item #14
Attachment number 1
Page 2 of 26
motion was duly seconded and carried unanimously.
6. CE*E . -I I r If, Not t- J I
Steve Sarnoff expressed concerns with rising health care costs.
Mark Blanchard encouraged Council to implement the City's adopted Vision.
Pauline Pollio - opposed spending funds on additional consultant costs.
Linda Christmas said she was offended by comments made during Monday's work
session regarding beach property owners' greed.
Mike Reardon requested consideration to allow outdoor display of rental bikes at his
downtown business.
Wilberta Finley expressed concerns with the reclaimed water accessibility fee.
Anne Garris reviewed upcoming activities the Friends of the Clearwater Beach
Recreation Center and Library are hosting.
Judy Melges reviewed volunteer and intern programs funded by the Clearwater Library
Foundation.
Urith Fitzgerald reviewed upcoming events supporting the Clearwater Main Library.
Public Hearings - Not before 6:00 PM
7. Administrative Public Hearings
7.1 Ar)-)rove the aoolicant's r-aL'3-t to vacate the 40-fr-at drainage and utili"r
^ment lying along tl rtv line of Lot 1, 1°',- -rater "l 9" Cornrr--
i-e ro aka 22067 U. S. 1 end ass Ordinan-j -, 4-09 on first rep 'ing.
(\',-.C209-04 unnen)
The applicant is seeking vacation of the 40-foot drainage and utility easement.
Progress Energy, Verizon, Bright House Networks and Knology have no facilities
in the subject easement and have no objections to the vacation request.
The City of Clearwater has no utilities within the subject easement.
The Engineering Department has no objections to the vacation request.
Councilmember George N. Cretekos moved to approve the applicant's request to
vacate the 40-foot drainage and utility easement lying along the west property line of Lot
1, Clearwater "19" Commerce Center, (aka 22067 U.S. 19 North). The motion was duly
Council 2009-09-17 Item #A
Attachment number 1
Page 3 of 26
seconded and carried unanimously.
Ordinance 8084-09 was presented for first reading and read by title only. Vice-Mayor
Paul Gibson moved to pass Ordinance 8084-09 on first reading. The motion was duly
seconded and upon roll call the vote was:
"Ayes": Councilmember George N. Cretekos, Councilmember John Doran,
Councilmember Carlen Petersen, Vice-Mayor Paul Gibson and Mayor Frank Hibbard.
"Nay": None.
7.2 Adopt Ordinance 8099-09 on --ril reading, declaring the milla e rr t- be
levied for fiscal ear be innin C :toy,)r 1, 2009 and ending September < , ?,j10,
for operating pig, e-,including the funding of pensions, debt service -nd road
maintenance for c-fit I improvement expenditures at 5.1550 mills.
Six individuals spoke in opposition to the millage rate; one spoke in favor. Four spoke
in favor of keeping Morningside Recreation Center open and/or immediately beginning
process to rebuild it. One opposed millage increase but supported maintaining
Morningside Recreation Center.
In response to a suggestion, it was stated that the Clearwater Library Foundation
pledged to raise $5 million for the new Main Library but contributed less than $3 million.
Discussion ensued. Concerns were expressed that now is not the time to increase the
millage. Concerns were also expressed that lowering the millage from that proposed
would erode the quality of life that makes Clearwater special.
Councilmember Carlen Petersen moved to declare the millage rate to be levied for fiscal
year beginning October 1, 2009 and ending September 30, 2010, for operating
purposes including the funding of pensions, debt service and road maintenance for
capital improvement expenditures at 5.1550 mills. The motion was duly seconded and
upon vote being taken:
Councilmember George N. Cretekos, Councilmember John Doran, and
"Ayes": Councilmember Carlen Petersen.
"Nays": Mayor Frank Hibbard and Vice-Mayor Paul Gibson.
Motion carried.
Council 2009-09-17 Item #34
Attachment number 1
Page 4 of 26
Ordinance 8099-09 was presented for second reading and read in full. Councilmember
John Doran moved to adopt Ordinance 8099-09 on second and final reading. The
motion as duly seconded and upon roll call the vote was:
"Ayes": Councilmember George N. Cretekos, Councilmember John Doran and
Councilmember Carlen Petersen
"Nays": Vice-Mayor Paul Gibson and Mayor Frank Hibbard.
Motion carried.
The Council recessed from 7:58 p.m. to 8:08 p.m.
Councilmember George N. Cretekos moved to approve operating budget for the fiscal
year beginning October 1, 2009 and ending September 30, 2010: authorizing the City
Manager to issue such instructions that are necessary to achieve and accomplish the
service programs so authorized; authorizing the City Manager to transfer monies and
programs among the departments and activities within any fund as provided by Chapter
2 of the Clearwater Code of Ordinances. The motion was duly seconded and carried
unanimously.
Ordinance 8100-09 was presented for second reading and read by title only. Vice-
Mayor Paul Gibson moved to adopt Ordinance 8100-09 on second and final reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Councilmember George N. Cretekos, Councilmember John Doran,
Councilmember Carlen Petersen, Vice-Mayor Paul Gibson and Mayor Frank Hibbard.
"Nays": None.
7.4 Adoot Ordinance No. 101-09 on second readinod adootino the Caoital
Improvement Program budget for the fiscal year beginning October 1, 2009 and
ending Se tember 30, 2010; a roving the six-year Capital Irn roveme t Pro term
which shall be reevaluated at the beginning of each fiscal year; authorizing the
City Manager to issue such instructions that are necessary to achieve and
Council 2009-09-17 Item #44
Attachment number 1
Page 5 of 26
accomplish the capital improvements so authorized; authorizing the City Manager
to transfer money between projects in the Capital Improvement Pro rare;
a ro riatin~ - lable and antic ated resources for the projects identified.
Councilmember Carlen Petersen moved to approve the Capital Improvement Program
budget for the fiscal year beginning October 1, 2009 and ending September 30, 2010;
approving the six-year Capital Improvement Program which shall be reevaluated at the
beginning of each fiscal year; authorizing the City Manager to issue such instructions
that are necessary to achieve and accomplish the capital improvements so authorized;
authorizing the City Manager to transfer money between projects in the Capital
Improvement Program; appropriating available and anticipated resources for the
projects identified. The motion was duly seconded and carried unanimously.
Ordinance 8101-09 was presented for second reading and read by title only.
Councilmember John Doran moved to adopt Ordinance 8101-09 on second and final
reading. The motion was duly seconded and upon roll call the vote was:
"Ayes": Councilmember George N. Cretekos, Councilmember John Doran,
Councilmember Carlen Petersen, Vice-Mayor Paul Gibson and Mayor Frank Hibbard.
"Nays": None.
The Planning Department determined that the proposed annexation is consistent
with the provisions of Community Development Code Section 4-604.E as follows:
The property currently receives water service from the City. Sanitary sewer
service is not available to this property. Collection of solid waste will be provided
by the City of Clearwater. The property is located within Police District II and
service will be administered through the district headquarters located at 645
Council 2009-09-17 Item #54
Attachment number 1
Page 6 of 26
Pierce Street. Fire and emergency medical services will be provided to this
property by Station 47 located at 1460 Lakeview Road. The City has adequate
capacity to serve this property with water, solid waste, police, fire and EMS
service. The proposed annexation will not have an adverse effect on public
facilities and their levels of service; and
The proposed annexation is consistent with and promotes the following objective
of the Clearwater Comprehensive Plan:
* Objective A.6.4: Due to the built-out character of the City of Clearwater,
compact urban development within the urban service area shall be promoted
through application of the Clearwater Community Development Code.
* Objective A.7.2 Diversify and expand the City's tax base through the annexation
of a variety of land uses located within the Clearwater Planning Area.
The proposed RL Future Land Use Plan category is consistent with the current
Countywide Plan designation of this property. This designation primarily permits
residential uses at a density of 5 units per acre. The proposed zoning district to
be assigned to the property is the Low Medium Density Residential (LMDR)
District. The existing office use of the subject property is not consistent with the
uses allowed in the District. Therefore, when this property is annexed, the office
will be a non-conforming use. The property exceeds the District's minimum
dimensional requirements. The proposed annexation is therefore consistent with
the Countywide Plan, City's Comprehensive Plan and Community Development
Code; and
The property proposed for annexation is contiguous to existing City boundaries to
the east and south; therefore the annexation is consistent with Florida Statutes
Chapter 171.044.
Councilmember George N. Cretekos moved to approve the Annexation, Initial Land Use
Plan Designation of Residential Low (RL) and Initial Zoning Atlas Designation of Low
Medium Density Residential (LMDR) District for 1520 S. Highland Avenue (Lots 15, 16,
and south five feet of Lot 17 and north five feet of Lot 14, Scotia Heights in Section 23,
Township 29 South, Range 15 East). (ANX2009-07010) The motion was duly seconded
and carried unanimously.
Ordinance 8090-09 was presented for first reading and read by title only. Vice-Mayor
Paul Gibson moved to pass Ordinance 8090-09 on first reading. The motion was duly
seconded and upon roll call the vote was:
"Ayes": Councilmember George N. Cretekos, Councilmember John Doran,
Council 2009-09-17 Item #6?
Attachment number 1
Page 7 of 26
Councilmember Carlen Petersen, Vice-Mayor Paul Gibson and Mayor Frank Hibbard.
"Nays": None.
Ordinance 8091-09 was presented for first reading and read by title only.
Councilmember Carlen Petersen moved to pass Ordinance 8091-09 on first reading.
The motion was duly seconded and upon roll call the vote was:
"Ayes": Councilmember George N. Cretekos, Councilmember John Doran,
Councilmember Carlen Petersen, Vice-Mayor Paul Gibson and Mayor Frank Hibbard.
"Nays": None.
Ordinance 8092-09 was presented for first reading and read by title only.
Councilmember John Doran moved to pass Ordinance 8092-09 on first reading. The
motion was duly seconded and upon roll call the vote was:
"Ayes": Councilmember George N. Cretekos, Councilmember John Doran,
Councilmember Carlen Petersen, Vice-Mayor Paul Gibson and Mayor Frank Hibbard.
"Nays": None.
The Planning Department is requesting that the 0.09-acres of abutting State
Street right-of-way not currently within the City limits also be annexed.
The property is contiguous to existing City boundaries to the north and east. It is
proposed that the property be assigned a Future Land Use Plan designation of
Residential Urban (RU), Preservation (P), and Drainage Feature Overlay, and a
Council 2009-09-17 Item #-4
Attachment number 1
Page 8 of 26
zoning category of Medium Density Residential (MDR) and Preservation (P).
The Planning Department determined that the proposed annexation is consistent
with the provisions of Community Development Code Section 4-604.E as follows:
* The property currently does not receive water service. The closest water lines
are located in both the adjacent State Street and Betty Lane rights-of-way. The
closest sanitary sewer line is located in the adjacent State Street right-of-way. The
applicant is aware of the additional costs to extend both City water and sewer
service to this property. Collection of solid waste will be provided by the City of
Clearwater. The property is located within Police District II and service will be
administered through the district headquarters located at 645 Pierce Street. Fire
and emergency medical services will be provided to this property by Station 51
located at 1720 Overbrook Avenue. The City has adequate capacity to serve this
property with water, sanitary sewer, solid waste, police, fire and EMS service. The
proposed annexation will not have an adverse effect on public facilities and their
levels of service; and
* The proposed annexation is consistent with and promotes the following
objective of the Clearwater Comprehensive Plan:
* Objective A.6.4: Due to the built-out character of the City of Clearwater,
compact urban development within the urban service area shall be promoted
through application of the Clearwater Community Development Code.
* Objective A.7.2 Diversify and expand the City's tax base through the annexation
of a variety of land uses located within the Clearwater Planning Area.
The proposed RU and P Future Land Use Plan categories are consistent with the
current Countywide Plan designation of this property. This RU designation
primarily permits residential uses at a density of 7.5 units per acre. The Planning
Department and the Pinellas Planning Council are processing a map adjustment
to update the Drainage Feature Overlay, making it congruent with the P
designation, pursuant to a jurisdictional wetlands survey. The proposed zoning
districts to be assigned to the property are the Medium Density Residential (MDR)
and Preservation (P) Districts. The use of the subject property is consistent with
the uses allowed in the District and the property exceeds the District's minimum
dimensional requirements. The proposed annexation is therefore consistent with
the Countywide Plan, City's Comprehensive Plan and Community Development
Code; and
The property proposed for annexation is contiguous to existing City boundaries to
the north and east; therefore the annexation is consistent with Florida Statutes
Chapter 171.044.
Council 2009-09-17 Item #4
Attachment number 1
Page 9 of 26
Two individuals expressed concerns with the proposed drainage feature overlay and
how their unincorporated properties would be impacted.
In response to questions, Engineering Director Mike Quillen said Pinellas County will be
responsible for easement maintenance. The City may be asked to share costs should
erosion repairs be required.
Councilmember John Doran moved to continue Item 7.6 to October 1, 2009. The motion
was duly seconded and carried unanimously.
New Resort Attached Dwellings Use
Density limited to residential density of 30 units per acre;
* Limited accessory uses are allowed; No exterior signage related to accessory
uses permitted;
* Defines "Dwellings, resort attached" within Section 8-102. Accessory Use
Requirements for Overnight Accommodations in the Commercial and Tourist
Districts:
* Provides definition and limitations for the overall area accessory uses can
comprise within an overnight accommodation project;
* Requires accessory uses to be incidental, subordinate, and customarily
accessory to overnight accommodations;
* Excludes exterior uses, such as pools and tiki bars, from accessory floor area
limitations;
* Establishes a maximum floor area for those accessory uses located within the
building interior, limiting them to 10 percent of the gross floor area of the
development, or up to 15 percent of the gross floor area if additional parking is
provided for the portion of accessory uses that exceeds 10 percent;
* Implements criteria in Beach by Design related to accessory uses by requiring
projects that request rooms from the Hotel Density Reserve (Reserve) and also
propose interior accessory uses that comprise between 5 percent and 15 percent
Council 2009-09-17 Item #54
Attachment number 1
Page 10 of 26
of the building gross floor area to decrease their development potential from the
Reserve in proportion to the amount of accessory uses exceeding 5 percent;
* Considers all interior accessory uses additional primary uses when determining
the development potential and parking requirements for a project when accessory
uses exceed 15 percent of the building gross floor area;
* Requires signage for accessory uses to be subordinate to and incorporated into
the primary signage for the overnight accommodation use, and limited area;
* Exempts developments that have received additional density from the
Destination Resort Density Pool in Beach by Design from the new requirements.
The Community Development Board (CDB) reviewed the proposed text
amendment at its meeting of August 18, 2009. The Board unanimously
recommended the amendment for approval, requesting that staff provide Council
with information regarding flag requirements for accessory uses. Staff is trying to
collect such information and will provide you with any information obtained either
prior to or at the Council work session.
One individual expressed concern regarding the requirement to limit accessory use to
5% in order to qualify for units from the density pool.
In response to questions, Planning Director Michael Delk said parking may be an issue
during the morning overlap when guests have not checked out but people are coming in
for a meeting. More meeting space will reduce room space and increase bulk of
building. If developers go beyond the 5% meeting space, they do not have to provide
additional parking.
Discussion ensued with concerns regarding impact to building envelope.
Councilmember John Doran moved to amend Item 7.7 by increasing from 5% to 10%,
the allowable accessory use to qualify for units from the density pool. The motion was
duly seconded.
It was suggested the parking requirement be increased for increased accessory use. It
was stated that change would require a new ordinance title.
Staff suggested this be considered as part of the discussion on hotel density.
Upon the vote being taken, Councilmember John Doran, Councilmember Carlen
Petersen, Vice-Mayor Paul Gibson and Mayor Frank Hibbard voted "Aye;" and
Councilmember George N. Cretekos voted "Nay."
Motion Carried.
Councilmember John Doran moved to approve Item 7.7 as amended. The motion was
duly seconded and upon vote being taken:
Council 2009-09-17 Item 4(4
Attachment number 1
Page 11 of 26
Mayor Frank Hibbard, Vice-Mayor Paul Gibson, Councilmember John Doran,
"Ayes": and Councilmember Carlen Petersen.
"Nays": Councilmember George N. Cretekos.
Motion carried.
Ordinance 8044-09 was presented for first reading and read by title only. Vice-Mayor
Paul Gibson moved to pass Ordinance 8044-09, as amended, on first reading. The
motion was duly seconded and upon roll call the vote was:
"Ayes": Councilmember John Doran, Councilmember Carlen Petersen, Vice-Mayor Paul
Gibson and Mayor Frank Hibbard.
"Nays": Councilmember George N. Cretekos.
Motion carried.
The City has leased the subject parcel, a portion of its 444 acre Hillsborough
County "Sludge Farm" to the Silver Dollar Trap Club since 1994. The club has
improved the parcel with three of its thirteen trap shooting stands. In December
2008 Council approved a Lease Modification Agreement and other instruments
authorizing extension of the 15-year lease term for one additional year through
February 13, 2010. Lease Article 21 (Environmental Matters) requires the Lessee
to perform an environmental audit of the parcel upon lease termination and, if
necessary, remediate any environmental impacts created during the lease term in
excess of the baseline established at lease inception. During its term, lease Article
22 (Right of First Refusal to Purchase) grants Lessee the right of first refusal to
submit a cash price purchase bid equal to or exceed any other cash price
purchase bid made during the advertised bid period. The Right of First Refusal
terminates with the lease. On May 22, 2009 Crockett and Associates Appraisers,
Inc. prepared a current market value appraisal of the subject 18.18 parcel. Based
on a SWFWMD 1989 aerial map with contours the appraiser estimates the parcel
contains approximately 8 acres of upland pasture, the balance being wetlands
lying within a FEMA established "Special Flood Hazard Area." The
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Attachment number 1
Page 12 of 26
appraiser concluded the highest and best us of the parcel, with 40-foot wide
access from Patterson Road, is likely to be a landscape nursery, and that its
present market value as such is estimated to be $240,000. Invitation For Bid 23-
09 will be advertised in compliance with purchasing regulations soliciting market
interest in the parcel in accordance with terms and conditions established therein,
and applicable provisions of the existing lease with the Silver Dollar Trap Club.
Councilmember Carlen Petersen moved to approve that continued City ownership of an
18.18 acre portion of Hillsborough County parcel U-1 9-27-ZZZ-000000-1 3530.0,
together with access from Patterson Road, no longer serves a valid public purpose;
declare said parcel as surplus for the purpose of selling, and authorize advertising for
bid in the minimum amount of $240,000 net, less costs of recording corrective
instruments, if any, pursuant to Invitation For Bid 23-09. The motion was duly seconded
and carried unanimously.
8. Quasi-judicial Public Hearings
This future land use plan amendment and rezoning application involves an
approximately 0.613 acre property located on the south side of Gulf to Bay
Boulevard, approximately 1,090 feet west of Edenville Avenue and approximately
1,740 feet east of Belcher Road. This property has a future land use plan
classification of Residential Medium (RM) and a zoning designation of Mobile
Home Park (MHP). The applicant is requesting to amend the future land use plan
classification of the site to the Commercial General (CG) classification and to
rezone the property to the Commercial (C) District. The amendments will make
the future land use plan and zoning atlas consistent with the actual use of the
property since 1995, as well as the parcels to the east and west, which are under
the same ownership.
Historically the parcel was used to gain access to Hillcrest Mobile Home Park
(MHP) to the south. Second Street, a private street within the Park, connected to
Gulf to Bay Boulevard via the parcel. In January 1990 Lokey Oldsmobile, Inc.
acquired the entire Hillcrest Mobile Home Park (MHP) and shortly after removed
the existing mobile homes from the subject parcel and closed off access between
it and the rest of the Park. Lokey Oldsmobile, Inc. had acquired the parcel to the
east in 1988, while the parcel to the west has been an automobile dealership
Council 2009-09-17 Item 4A
Attachment number 1
Page 13 of 26
since 1959. In 1995 the subject parcel was approved for a Conditional Use
(CU#95-37) to permit outdoor retail sales and/or storage of vehicles (the existing
use on the contiguous parcels to the east and west). In 1996 Lokey Oldsmobile,
Inc. declared a Unity of Title between the subject parcel and the adjacent parcel to
the east and to the west. Currently, there is no cross-access between Hillcrest
Mobile Home Park (MHP) and the subject parcel. A detention area in the
southeast portion of the parcel, as well as a concrete wall extending nearly the
entire length of the parcel, serve as buffers.
The Planning Department has determined that the proposed future land use plan
amendment and rezoning amendment, as recommended, are consistent with the
following standards specified in the Community Development Code:
* The proposed land use plan amendment is consistent with the Comprehensive
Plan, the Countywide Plan Rules, and the Community Development Code
* The proposed use is compatible with the surrounding area.
* Sufficient public facilities are available to serve the property.
* The applications will not have an adverse impact on the natural environment.
In accordance with the Countywide Plan Rules, the land use plan amendment is
subject to the approval of the Pinellas Planning Council and the Board of County
Commissioners acting as the Countywide Planning Authority. The application is a
large-scale amendment and review and approval by the Florida Department of
Community Affairs is required.
The Community Development Board reviewed this application at its public hearing
on August 18, 2009 and unanimously recommended approval of the Future Land
Use Plan amendment.
Councilmember John Doran moved to approve a Future Land Use Plan Amendment
from the Residential Medium (RM) Classification to the Commercial General (CG)
Classification and a Zoning Atlas Amendment from the Mobile Home Park (MHP)
District to the Commercial (C) District for property located at 2337 Gulf to Bay Boulevard
(the West 100 feet of the East 445.0 feet of the North 330 feet of the West of the North
of the NE of the SW of Section 18, Township 29 South, Range 16 East, less the north
50.0 feet for Gulf to Bay Boulevard), and pass Ordinances 8079-09 and 8080-09 on first
reading. (LUZ2009-06001) The motion was duly seconded and carried unanimously.
Ordinance 8079-09 was presented for first reading and read be title only.
Councilmember George N. Cretekos moved to pass Ordinance 8079-09 on first
reading. The motion was duly seconded and upon roll call the vote was:
Council 2009-09-17 Item 434
Attachment number 1
Page 14 of 26
"Ayes": Councilmember George N. Cretekos, Councilmember John Doran,
Councilmember Carlen Petersen, Vice-Mayor Paul Gibson and Mayor Frank Hibbard
"Nays": None.
Ordinance 8080-09 was presented for first reading and read be title only. Vice-Mayor
Paul Gibson moved to pass Ordinance 8080-09 on first reading. The motion was duly
seconded and upon roll call the vote was:
"Ayes": Councilmember George N. Cretekos, Councilmember John Doran,
Councilmember Carlen Petersen, Vice-Mayor Paul Gibson and Mayor Frank Hibbard
"Nays": None.
9. Second Readings - Public Hearing
9.1 Adopt Ordinance No. 8104- on s, r, ° read in g gmen i Charter 22_,(-,; °;.nf
It was stated that a motion to amend on second reading was needed to add the graphic.
Councilmember John Doran moved to amend Item 9.1 to include the graphic. The
motion was duly seconded and carried unanimously.
Ordinance 8104-09 was presented for second reading, as amended, and read by title
only. Councilmember George N. Cretekos moved to pass Ordinance 8104-09 as
amended on second and final reading. The motion was duly seconded and upon roll
call the vote was:
"Ayes": Councilmember George N. Cretekos, Councilmember John Doran,
Councilmember Carlen Petersen, Vice-Mayor Paul Gibson and Mayor Frank Hibbard
"Nays": None.
City Manager Reports
10. Conse ? d
Council 2009-09-17 Item 4,14
Attachment number 1
Page 15 of 26
10.1 Approve a one-year funding agreement, in the amount of $150,000 between
Jolley Trolley Tran,a ortation of Clearwater, Inc. and the City of Cle-_r _vater for the
operation of tran° . --tation and trolley service on Clea atrr t1_h, Island
Estates and S nu and authorize the appropriate officials tG L ;cute same.
consent
Vice-Mayor Paul Gibson moved to approve Item 10.1 and authorize the appropriate
officials to execute same. The motion was duly seconded and carried unanimously.
10.2 Approve an Agreement between the City of Clearwater and the Clearwater
Regional Chamber of Commerce (CRCC) for tourism services in Fiscal Year
2009-2010 in return for funding in the amount of $190,000 and authorize the
appropriate officials to execute same. (consent)
10.3 Approve the October 1, 2009 Emergency Medical Services ALS First Responder
Agreement between Pinellas County and City of Clearwater. (consent)
10.4 Declare the list of vehicles and equipment surplus to the needs of the city and
authorize sale to the highest bidder at the Tampa Machinery Auction, Tampa,
Florida. (consent)
10.5 Approve a not to exceed amount of $400,000, to pay Gallagher Bassett Services,
Inc., for workers compensation claims due and payable for the period October 1,
2009 through September 30, 2010. (consent)
10.6 Approve payment of insurance premiums up to $600,000, with effective dates
beginning October 1, 2009 through September 30, 2010, and authorize the
appropriate officials to execute same. (consent)
10.7 Award Bid 26-09 to Mastec North America, Incorporated, 7221 East Martin Luther
King Jr. Boulevard Tampa, Florida 33619, for the period October 1, 2009, to
September 30. 2010. for the Installation of Gas Mains and Service Lines and
approve a Purchase Order in the amount of $960,000. (consent)
10.8 Authorize a purchase order for payment of premiums under the City's 1% Life
insurance program for the continuation of life insurance plans with New York Life
Insurance in the amount of $140,000 for the fourteen month period from
September 1, 2009, to October 31, 2010. (consent)
10.9 Award a contract (Purchase Order) to Verizon, Florida, Inc., Saint Petersburg,
Florida for telephone service including frame relay service, T1's, credit/collect
calls, backup trunks, VADI circuit, and DSL high bandwidth services during the
period October 1, 2009 to September 30, 2010, at a cost not to exceed $372,170,
in accordance with Sec. 2.564 (1)(e), Code of Ordinances, and authorize the
appropriate officials to execute same (consent).
10.10Award a contract (Purchase Order) to State of Florida, Department of
Manaaement Services. Tallahassee. Florida for Suncom Iona distance overflow
Council 2009-09-17 Item 45?
Attachment number 1
Page 16 of 26
service, State AIN Centranet lines, and toll free lines during the period October 1,
2009 to September 30, 2010, at a cost not to exceed $143,150 in accordance with
Sec. 2.564 (1)(d), Code of Ordinances, under State Contract 730-000-09-1, and
authorize the appropriate officials to execute same. (consent)
10.11 Award a contract (Purchase Order) to Oracle USA Inc., Chicago, Illinois for the
period October 1, 2009 through September 30, 2010 for database maintenance at
a cost not to exceed $189,000 in accordance with Sec. 2.564 (1)(b), Code of
Ordinances, and authorize the appropriate officials to execute same (consent).
10.12Approve an agreement between the Florida Commission on Community Service
and the City of Clearwater renewing the AmeriCorps Clearwater program for the
period of January 1, 2010 through December 31, 2010, including a cash match in
the amount of $78.200. and authorize the appropriate officials to execute same.
consent
10.13Approve the renewal of a Software Support Agreement for the TriTech System, in
the amount of $135,323.37, for a 12-month period beginning October 1, 2009 and
ending September 30, 2010 and authorize the appropriate officials to execute
same. (consent)
10.14Award contract by purchase order to Angelos Recycled Materials, Consolidated
Resource Recovery Inc., and Waste Management Inc. of Florida for operating
expenditures of $790,000 for the disposal of solid waste at the sites operated by
the three vendors listed above for the period October 1, 2009 through October 31,
2010 as provided in the City's Code of Ordinances, Section 2.561, and authorize
the appropriate officials to execute same. (consent)
10.15Award a contract by purchase order to Pinellas County Solid Waste for an
operating expenditure of $4,200,000 for the disposal of solid waste at the Pinellas
County waste-to-energy plant/landfill for the period October 1, 2009 through
October 31, 2010 as provided in the City's Code of Ordinances, Section 2.564 (1)
(d), Services provided by Other Governmental Entities, and authorize the
appropriate officials to execute same. (consent)
10.16Approve the amendment of the Capital Improvement Program (CIP) for Water and
Sewer by reducing CIP budgets by $12,000,000 of water and sewer revenue.
consent
10.17Approve the second amendment to the Alligator Creek Implementation Projects,
Phase II (L054)and authorize the appropriate officials to execute same. (consent)
10.18Approve the final plat for Varsity Estates, physical address is 2400 Varsity Drive
and is approximately 1200 feet West of Old Coachman Road and 800 feet North
of Sharkey Road. (consent)
10.19Accept a 35 foot perpetual Drainage and Utility Easement and a 20 foot
Temgorarv Construction Easement over. under and across portions of
Council 2009-09-17 Item 46?
Attachment number 1
Page 17 of 26
Government Lot 2, Section 20, Township 29 South, Range 16 East, as more
particularly described therein, conveyed by G and I VI Bay Cove, LLC, a Delaware
limited liability company, each given in consideration of receipt of $1.00 and the
benefits to be derived therefrom. (consent)
10.20 Request for authority to institute a civil action against Advanced Communications,
LLC, to recover $2,885.62 for damages to City property. (consent)
Councilmember John Doran moved to approve the Consent Agenda as submitted, less
Item 10. 1, and authorize the appropriate officials to execute same. The motion was duly
seconded and carried unanimously.
11. Other Items on City Manager Reports
Significant Fund amendments include:
General Fund
General Fund revenues and expenditure amendments reflect a net increase of
$2,724,375. The major reason for the overall General Fund expenditure increase
includes a budget increase of $2,247,968.12 in Police and Fire for the
supplemental plans which is offset by plan revenue. Historically, these revenues
and expenditures were reflected in a separate fund, but the Government Finance
Officers Association (GFOA) requires that the supplemental plans be reflected in
the General Fund. The balance of the increase is attributed to allocations from
retained earnings which include the following; $175,000 to the
Police Department to fund the payout of accrued leave for retirements, $100,000
to Parks & Recreation to support arts education classes at Ruth Eckerd Hall as
previously approved by Council; and $230,000 to the Marine Fund to cover cash
deficits which have occurred in the past two years as previously approved by the
Council. General Fund Reserves - In order to ensure adequate reserves, the City
Council's policy reflects that General Fund unappropriated retained earnings of
8.5% of the City's budgeted General Fund expenditures must be maintained as a
reserve to guard against future emergencies.
With the closing of the year-end 2008 books, and the allocation of reserves noted
above, estimated General
Council 2009-09-17 Item 4-4
Attachment number 1
Page 18 of 26
Fund reserves at third quarter are approximately $13 million, or 10.8% of the
current year's General Fund budget, exceeding our reserve policy by $2.7 million.
Water and Sewer Fund
Third quarter amendments to the Water and Sewer Fund reflect a net decrease of
$4,205,370 primarily due to the restructuring of water and sewer utility funding
approved by the City Council on September 17, 2009. Other amendments include,
transfers to capital projects for a total of $229,699.38 representing interest
earnings on bond funds, and $1,258,000 is transferred from retained earnings to
provide additional funding needed due to the issuance of the 09A revenue bonds
with some offset from the refunding of the 98 revenue bonds.
Gas Fund
Budget amendments to the Gas reflect a net decrease of $3,126,160 which is
primarily due to savings in fuel costs. This reduction as well as other increases
and decreases in various operating codes, offset anticipated decreases in
operating revenues.
Solid Waste Fund
Budget amendments at third quarter reflect a net increase of $60,000 to Solid
Waste Fund revenues representing the increase collection of contractor fees,
interest earnings, other general revenue, and Workers Compensation
reimbursements.
Recycling Fund
Budget amendments to the Recycling fund expenditures reflect a net decrease of
$50,000 which includes reductions to inventory purchases for resale and savings
in fuel costs. These reductions offset anticipated decreases in operating
revenues.
Marine Fund
At third quarter, the Marine Fund revenues are estimated to decrease by
$695,860 including reductions to
slip rentals and fuel sales due to the slow economy. Although operating
expenditures will be reduced by
$311,610 an amendment for a cash infusion of $230,000 from General Fund
reserves is needed to sustain
activities with a positive cash balance for the year as approved by the Council on
September 3, 2007.
Administrative Services Fund
Third quarter budget amendments reflect an expenditure decrease of $80,000 to
the Administrative Services Fund which is the result of efficiencies realized
through the elimination of cell phones across various City departments.
Administrative Services Fund revenues are appropriately reduced to reflect the
reduction in pass back charges from departments.
Council 2009-09-17 Item 44
Attachment number 1
Page 19 of 26
Garage Fund
Third quarter amendments reflect savings in Garage fund expenditures of
$105,000 primarily due to the reduction in gas charges since the 2008/09 budget
was adopted and savings in vehicle parts. These savings are passed on to the
operating departments and Garage Fund revenues will be adjusted accordingly.
Central Insurance Fund
At third quarter, $397,506.98 in Central Insurance Fund reserves are allocated to
project 362-92267,
Beach Walk to reimburse fund 362 for negative interest earnings allocations
associated with Beach Walk
construction disbursements. This amendment was previously approved by the
City Council.
Capital Improvement Fund
Third quarter amendments to the Capital Improvement Fund reflect a net
decrease of $4,432,444. Major project increases include the recognition of almost
$1.4 million of grant revenue for the East Avenue Trail and more than $1.2 million
of grant revenue for the Downtown Boat Slip project. Major project decreases
include the return of $12 million of water and sewer fund revenues from various
projects to the utility fund; Revenues of $1,736,097 which had previously been
advanced to the
Downtown Boat Slip project are returned to the Central Insurance fund.
Special Program Fund
The Special Program Fund reflects a net budget increase of $1,737,124 at third
quarter. Amendments include budget increases from grant revenues for $974,933
which include: 1) $130,923 from the Corporation for National and Community
Service for Federal Assistance for the AmeriCorps program; 2) $192,460.60 from
Florida Department of Law Enforcement Office of Criminal Justice to be used to
implement Florida's Domestic Security Strategic Plan; 3) $251,549 from the
American Recovery and Reinvestment Act of 2009 for CDBG East Gateway
Neighborhood Revitalization Strategy; and 4) a total of $400,000 from the US
Environmental Protection Agency for two brownfields assessment grants. Other
significant amendments include $240,717 for the special events and sponsorships
programs in the last three months, $169,478 from police fines and court proceeds
to support public safety programs and $164,105 in revenues for police outside
duty contractual services.
Councilmember Carlen Petersen moved to amend the City's fiscal year 2008/09
Operating and Capital Improvement Budgets at Third Quarter. The motion was duly
seconded and carried unanimously.
Council 2009-09-17 Item 494
Attachment number 1
Page 20 of 26
Ordinance 8102-09 was presented for first reading and read by title only.
Councilmember John Doran moved to pass Ordinance 8102-09 on first reading. The
motion was duly seconded and upon roll call the vote was:
"Ayes": Councilmember George N. Cretekos, Councilmember John Doran,
Councilmember Carlen Petersen, Vice-Mayor Paul Gibson and Mayor Frank Hibbard
"Nays": None.
Ordinance 8103-09 was presented for first reading and read by title only.
Councilmember George N. Cretekos moved to pass Ordinance 8103-09 on
first reading. The motion was duly seconded and upon roll call the vote was:
"Ayes": Councilmember George N. Cretekos, Councilmember John Doran,
Councilmember Carlen Petersen, Vice-Mayor Paul Gibson and Mayor Frank Hibbard
"Nays": None.
On June 15, 2006, the City of Clearwater (City) Council adopted Resolution 06-
38, approving a "Gas Supply Agreement No. 2" project (GSAP 2) with Florida Gas
Utility (FGU), which consisted of pre-purchasing a 20-year supply of natural gas at
a discounted price relative to the daily gas market. FGU executed a 20-year
Prepaid Gas Purchase agreement with UBS AG effective September 1, 2006, to
provide supply gas for the Clearwater Gas System, as well as 15 other FGU
member systems, starting October 1, 2006, through September 30, 2026.
In April 2009, UBS informed FGU they could no longer support GSAP 2 since they
had decided to exit the gas supply business. Therefore, FGU negotiated with UBS
to terminate the prepay agreement. On May 12, 2009, FGU and UBS entered into
a "GPA Unwind Agreement Related to Gas Supply Acquisition Project No. 2".
On June 1, 2009, the City and FGU executed a Termination, Release and
Proceeds Directive, which acknowledged the termination of GSAP 2. The
Directive also instructed FGU to wire transfer to the City our proportionate amount
Council 2009-09-17 Item 9%
Attachment number 1
Page 21 of 26
of the termination payment, which was calculated to be $4,151,418.62.
Amortization of the termination payment balance, including accrued interest
earnings, will be calculated annually on a straight-line basis beginning October 1,
2009, over the remaining term ending September 30, 2026, which was the original
end date for GSAP 2, and the annual amount transferred into the CGS Purchased
Gas Adjustment (PGA) clause bucket to the benefit of gas ratepayers. Since this,
in effect, serves as a Rate Stabilization Fund, the City Manager is authorized to
increase or decrease the annual transfer from this fund and/or the remaining term
to mitigate abnormal swings in the supply market.
Amortization and deferral of the termination payment is in compliance with
Financial Accounting Standards Board Statement No. 71, "Accounting for the
Effects of Certain Types of Regulation."
It should be noted that, in addition to this termination payment, CGS and its
customers benefited by $884,646 from the inception of the GSAP 2 project on
October 1, 2006, through its termination on May 31, 2009. Therefore, the total
benefit derived by CGS from this GSAP 2 project was $5,036,118, plus the
interest that will accrue over the next 17 years.
Gas System Managing Director Chuck Warrington requested direction from Council
regarding whether to reduce rates or use proceeds for infrastructure.
It was stated that Council may use funds as they see fit.
Vice-Mayor Paul Gibson moved to amend Item 11.2 to direct $4,151,418.62 be
recognized as current year revenue, increasing the FY 2009/2010 dividend by $2.075
million paid to the City's General Fund and direct $2.075 million be placed in the Gas
Fund CIP for programs to benefit customers and enhance energy conservation. The
motion was duly seconded and upon vote being taken:
Mayor Frank Hibbard, Vice-Mayor Paul Gibson, and Councilmember George N.
"Ayes": Cretekos.
"Nays": Councilmember John Doran and Councilmember Carlen Petersen.
Motion carried.
11.3 Amend the Joint Participation Agreement (JPA) AQU60, Su lem Mal umber
02g b + ,, n the City of Clearwater and the State of Florid r w artment of
Council 2009-09-17 Item 914
Attachment number 1
Page 22 of 26
Councilmember Carlen Petersen moved to amend the Joint Participation Agreement
(JPA) AOU60, Supplemental Number 02, between the City of Clearwater and the State
of Florida Department of Transportation (FDOT) to construct a new multi plane
hangar(s) at the Clearwater Airpark. The motion was duly seconded and carried
unanimously.
Resolution 09-34 was presented and read by title only. Councilmember John Doran
moved to adopt Resolution 09-34. The motion was duly seconded and upon roll call the
vote was:
"Ayes": Councilmember George N. Cretekos, Councilmember John Doran,
Councilmember Carlen Petersen, Vice-Mayor Paul Gibson and Mayor Frank Hibbard.
Nays": None.
11.4 17- E -' Article Vllg Solid Waste anal- r ns 32.272(4) and Section
3/-., ?: and oass ordinance 8106-09 on first re tdino.
Sections 32.272(4) and 32.288 of the newly adopted Ordinance 8025-09 need to
be rescinded in order to provide the statutory notice requirement before taking
further action to displace private haulers doing business within the City limits.
Pre-amendment language shall take full force and effect upon adoption of
ordinance 8106-09.
Councilmember John Doran moved to rescind Article VII, Solid Waste Management,
Sections 32.272(4) and Section 32.288. The motion was duly seconded and carried
unanimously.
Ordinance 8106-09 was presented for first reading and read by title only.
Councilmember George N. Cretekos moved to pass Ordinance 8106-09 on first
reading. The motion was duly seconded and upon roll call the vote was:
"Ayes": Councilmember George N. Cretekos, Councilmember John Doran,
Councilmember Carlen Petersen, Vice-Mayor Paul Gibson and Mayor Frank Hibbard.
Nays": None.
Council 2009-09-17 Item 9A
Attachment number 1
Page 23 of 26
Vice-Mayor Paul Gibson moved to approve the 2004 Floodplain Management Plan
update; transmit the plan to the Federal Emergency Management Agency as required
by the National Flood Insurance Programs Community Rating System and authorize the
City Manager to initiate activities recommended in the Floodplain Management Plan.
The motion was duly seconded and carried unanimously.
Resolution 09-37 was presented and read by title only. Councilmember Carlen
Petersen moved to adopt Resolution 09-37. The motion was duly seconded and upon
roll call the vote was:
"Ayes": Councilmember George N. Cretekos, Councilmember John Doran,
Councilmember Carlen Petersen, Vice-Mayor Paul Gibson and Mayor Frank Hibbard.
Nays": None.
Council 2009-09-17 Item 934
Attachment number 1
Page 24 of 26
redevelopment parcel abuts the northerly boundary of Leila G. Davis Elementary
School, 2630 Landmark Drive. An existing 8-inch water main extends along this
mutual boundary on the school parcel and provides adequate capacity to serve
both the school and the proposed Heritage UMC redevelopment. The Pinellas
County School Board has conveyed the subject easement to permit the necessary
water main interconnect to provide potable water to the new buildings and
hydrants in the forthcoming redevelopment project.
Councilmember Carlen Petersen disclosed she is a church member.
Councilmember John Doran moved to accept a 120 square foot Water Main and Utilities
Easement over, under and through a portion of the Southeast 1/4 of Section 29,
Township 28 South, Range 16 East conveyed by the School Board of Pinellas County,
Florida, in consideration of receipt of $1.00 and the benefits to be derived therefrom.
The motion was duly seconded and carried unanimously.
11.7 61 )oint two members to the Environmental Advisory oard with the terms to
Frp September 30
2013.
Councilmember John Doran moved to appoint Mary Morrow and Robert Peter Statis to
the Environmental Advisory Board with terms to expire September 30, 2013. The motion
was duly seconded and carried unanimously.
Miscellaneous Reports and Items
12. w If- -.4s
12.1 City ?1 -1 lerbal ?E - one.
13. Council Discussion Items
13.1 Sandwich Boards
Clearwater Regional Chamber of Commerce representative Roger Larson submitted a
petition requesting the city allow sandwich boards to licensed businesses within city
limits.
Three individuals spoke in support of sandwich board signs. Mr. Larson emphasized
the signs would go next to the businesses, not on the curb or right-of-way.
Discussion ensued with concerns expressed regarding traffic safety, aesthetics and
code enforcement. It was noted many signing the petition are wanting the signs along
the street to attract vehicular traffic not pedestrians.
Council 2009-09-17 Item 9,14
Attachment number 1
Page 25 of 26
Staff was directed to work with the Chamber to develop a city-wide sandwich board sign
ordinance.
It was requested that discussion of a comprehensive review of sign ordinance be placed
on the next work session agenda.
13.2 ?'€t 9, )acks for Docks
It was requested the issue be discussed at a later date.
13.3 Efficiency Reviews of Fire and Parks and Recreation - Gibson
In response to a question, Fire Chief Jamie Geer said the department had undergone
an extensive review shortly before he began with the city. Almost every
recommendation from that review has been implemented.
Discussion ensued. Concerns were expressed that Parks and Recreation has already
implemented extensive cuts. Consensus was to move forward with an efficiency
review of the Fire Department.
13.4 of 11 n-;!y
Assistant Planning Director Gina Clayton provided a map depicting properties on which
redevelopment could possibly take place.
Concerns were expressed regarding size of parcels, the mass of potential
structures, and the impact a time limit on the availability of the density pool will have on
parcel assemblage.
Staff was directed to schedule discussion at a future meeting.
14. Other Council Action
14.1 Other Council Action
Councilmember John Doran said the city is acknowledged as one of the safest cities of
its size and questioned if there was a desire to determine potential cost savings if the
Police Department consolidated with Pinellas County Sherriff.
Council 2009-09-17 Item 954
Attachment number 1
Page 26 of 26
Consensus was not to do so as the Matrix Study found consolidation would not offer
significant savings.
The meeting was adjourned at 11:45 p.m.
Mayor
City of Clearwater
Attest
City Clerk
Council 2009-09-17 Item 96?
?- Meeting Date: 10/ 1/2009
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Approve the Annexation, Initial Land Use Plan Designation of Residential Urban (RU), Preservation (P), and Drainage Feature
Overlay and Initial Zoning Atlas Designation of Medium Density Residential (MDR) District and Preservation (P) District for
1923 N Betty Lane (Lots 5, 10, 11, and 12, together with Lot 4 less the North 150 feet of said Lot 4, Lange's Replat of Brown's
Subdivision in Section 3, Township 29 South, Range 15 East); and pass Ordinances 8093-09, 8094-09 and 8095-09 on first
reading. (ANX2009-07011)
SUMMARY:
This voluntary annexation petition involves a 1.369-acre property consisting of one vacant parcel of land. It is located on the west
side of Betty Lane, approximately 178 feet north of Sunset Point Road. The applicant is requesting this annexation in order to
receive water, sanitary sewer and solid waste service from the City. The Planning Department is requesting that the 0.09-acres of
abutting State Street right-of-way not currently within the City limits also be annexed. The property is contiguous to existing
City boundaries to the north and east. It is proposed that the property be assigned a Future Land Use Plan designation of
Residential Urban (RU), Preservation (P), and Drainage Feature Overlay, and a zoning category of Medium Density Residential
(MDR) and Preservation (P).
The Planning Department determined that the proposed annexation is consistent with the provisions of Community Development
Code Section 4-604.E as follows:
The property currently does not receive water service. The closest water lines are located in both the adjacent State Street
and Betty Lane rights-of-way. The closest sanitary sewer line is located in the adjacent State Street right-of-way. The
applicant is aware of the additional costs to extend both City water and sewer service to this property. Collection of solid
waste will be provided by the City of Clearwater. The property is located within Police District 11 and service will be
administered through the district headquarters located at 645 Pierce Street. Fire and emergency medical services will be
provided to this property by Station 51 located at 1720 Overbrook Avenue. The City has adequate capacity to serve this
property with water, sanitary sewer, solid waste, police, fire and EMS service. The proposed annexation will not have an
adverse effect on public facilities and their levels of service; and
• The proposed annexation is consistent with and promotes the following objective of the Clearwater Comprehensive Plan:
Objective A.6.4: Due to the built-out character of the City of Clearwater, compact urban development within the urban service area
shall be promoted through application of the Clearwater Community Development Code.
Objective A.7.2 Diversify and expand the City's tax base through the annexation of a variety of land uses located within the
Clearwater Planning Area.
The proposed RU and P Future Land Use Plan categories are consistent with the current Countywide Plan designation of
this property. This RU designation primarily permits residential uses at a density of 7.5 units per acre. The Planning
Department and the Pinellas Planning Council are processing a map adjustment to update the Drainage Feature Overlay,
making it congruent with the P designation, pursuant to a jurisdictional wetlands survey. The proposed zoning districts to be
assigned to the property are the Medium Density Residential (MDR) and Preservation (P) Districts. The use of the subject
property is consistent with the uses allowed in the District and the property exceeds the District's minimum dimensional
requirements. The proposed annexation is therefore consistent with the Countywide Plan, City's Comprehensive Plan and
Community Development Code; and
The property proposed for annexation is contiguous to existing City boundaries to the north and east; therefore the
annexation is consistent with Florida Statutes Chapter 171.044. Cover Memo
Item # 5
Review Approval: 1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk
Cover Memo
Item # 5
Attachment number 1
Page 1 of 8
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Owner: AHS Holdings, Inc. Case: ANX2009-07011
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Site: 1923 N Betty Lane Size R-O-w (Acres):
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Land Use Zoning
From : RU, P, & Drainage R-4
Feature Overlay
To: RU, P, & Drainage MDR & P
Atlas Page: 251 B
Feature Overlay
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Attachment number 1
Page 2 of 8
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Owner: AHS Holdings, Inc. Case: ANX2009-07011
Site: 1923 N Betty Lane Property Size (Acres): 1.369
Size R-o-w (Acres):
0.09
Land Use Zoning
From : RU, P, & Drainage R-4
Feature Overlay
To: RU, P, & Drainage MDR & P
Atlas Page: 251 B
Feature Overlay
S:\Plar ink Departmeri D MAnnexationi - 2009\ANX2009-07011 - 1923 N Betty Lane - AHS Holdings Inc\Maps\ANX2009-
07011 Aerial Photos aph.doc Item # 5
Attachment number 1
Page 3 of 8
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Owner: AHS Holdings, Inc. Case: ANX2009-07011
Property Size (Acres): 1.369
Site: 1923 N Betty Lane Size R-o-w (Acres):
0.09
Land Use Zoning
From : RU, P, & Drainage R-4
Feature Overlay
To: RU, P, & Drainage MDR & P
Atlas Page: 251 B
Feature Overlay
S:\Plar ing Departmeri D MAnnexationi - 2009\ANX2009-07011 - 1923 N Betty Lane - AHS Holdings Inc\Maps\ANX2009-
07011 Proposed Annexatiori Item # 5
Attachment number 1
Page 4 of 8
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Owner: AHS Holdings, Inc.
Case
ANX2009-0701 1
I Property Sze (Acres): 1.369 I
Site: 1923 N Betty Lane Size R-o-w fAcres):
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S:Tlanning DepartmentT D B\Annexations\ANX - 2009\ANX2009-07011 - 1923 N Betty Lane - AHS Holdings 1ncuV1aps\ANX2009-
07011 Future Land Use.doc Item #J
Attachment number 1
Page 5 of 8
S:Tlanning DepartmentT D B\Annexations\ANX - 2009\ANX2009-07011 - 1923 N Betty Lane - AHS Holdings Inc\Maps\ANX2009-
07011 zoninlu.doc Item # 5
Attachment number 1
View looking east at the subject property, 1923 N Betty Lane.
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ANX2009-07011
AHS Holdings, Inc.
1923 N Betty Lane
Item # 5
Page 1 of 2
Along Betty Lane
Attachment number 1
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7
View looking east along State Street View looking west along State Street.
ANX2009-07011
AHS Holdings, Inc.
1923 N Betty Lane
Item # 5
Page 2 of 2
Along State Street
Attachment number 2
Page 1 of 1
ORDINANCE NO. 8093-09
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE
EAST SIDE OF NORTH BETTY LANE APPROXIMATELY 178
FEET NORTH OF SUNSET POINT ROAD, CONSISTING OF
LOTS 5, 10, 11, 12, TOGETHER WITH LOT 4, LESS THE NORTH
ONE HUNDRED FIFTY FEET OF LOT 4, LANGE'S REPLAT OF
BROWN'S SUBDIVISION, WHOSE POST OFFICE ADDRESS IS
1923 NORTH BETTY LANE, TOGETHER WITH THE ABUTTING
RIGHT-OF-WAY OF STATE STREET, 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:
Lots 5, 10, 11 and 12, together with lot 4, less the north 150 feet of said Lot 4,
Lange's Replat of Brown's Subdivision, according to the plat thereof, recorded in
Plat Book 24, Page 74, Public Records of Pinellas County, Florida , together with
the abutting right-of-way of State Street. (ANX2009-07011)
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 Item # 5
Assistant City Attorney City Clerk
Ordinance No. 8093-09
Attachment number 3
Page 1 of 1
ORDINANCE NO. 8094-09
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 NORTH BETTY LANE APPROXIMATELY 178
FEET NORTH OF SUNSET POINT ROAD, CONSISTING OF
LOTS 5, 10, 11, 12, TOGETHER WITH LOT 4, LESS THE
NORTH ONE HUNDRED FIFTY FEET OF LOT 4, LANGE'S
REPLAT OF BROWN'S SUBDIVISION, WHOSE POST OFFICE
ADDRESS IS 1923 NORTH BETTY LANE, TOGETHER WITH
THE ABUTTING RIGHT-OF-WAY OF STATE STREET, UPON
ANNEXATION INTO THE CITY OF CLEARWATER, AS
RESIDENTIAL URBAN (RU), PRESERVATION (P), AND
DRAINAGE FEATURE OVERLAY; 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
Lots 5, 10, 11 and 12, together with lot 4, less the Residential Urban (RU)
north 150 feet of said Lot 4, Lange's Replat of Brown's Preservation (P)
Subdivision, according to the plat thereof, recorded in Drainage Feature Overlay
Plat Book 24, Page 74, Public Records of Pinellas County,
Florida, together with the abutting right-of-way of State
Street. (ANX2009-07011)
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. 8093-09.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
Leslie K. Dougall-Sides
Assistant City Attorney
Frank V. Hibbard
Mayor
Attest:
Cynthia E. Goudeau
City Clerk Item # 5
Ordinance No. 8094-09
Attachment number 4
Page 1 of 1
ORDINANCE NO. 8095-09
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
NORTH BETTY LANE APPROXIMATELY 178 FEET NORTH OF
SUNSET POINT ROAD, CONSISTING OF LOTS 5, 10, 11, 12,
TOGETHER WITH LOT 4, LESS THE NORTH ONE HUNDRED
FIFTY FEET OF LOT 4, LANGE'S REPLAT OF BROWN'S
SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 1923
NORTH BETTY LANE, TOGETHER WITH THE ABUTTING
RIGHT-OF-WAY OF STATE STREET, UPON ANNEXATION INTO
THE CITY OF CLEARWATER, AS MEDIUM DENSITY
RESIDENTIAL (MDR) AND PRESERVATION (P); 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
Lots 5, 10, 11 and 12, together with lot 4, less the
north 150 feet of said Lot 4, Lange's Replat of Brown's
Subdivision, according to the plat thereof, recorded in
Plat Book 24, Page 74, Public Records of Pinellas County,
Florida, together with the abutting right-of-way of State
Street. (ANX2009-07011)
Zoning District
Medium Density Residential (MDR)
Preservation (P)
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. 8093-09.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
Leslie K. Dougall-Sides
Assistant City Attorney
Frank V. Hibbard
Mayor
Attest:
Cynthia E. Goudeau
City Clerk
Ordinance No.le?l# 95
City Council Agenda
Council Chambers - City Hall
Meeting Date: 10/ 1/2009
SUBJECT / RECOMMENDATION:
Continue to October 22, 2009 second Reading of Ordinances 8093-09, 8094-09, 8095-09 - ANX2009-07011 1923 N Betty Lane
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 6
?- Meeting Date: 10/ 1/2009
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Adopt Ordinance No. 8044-09 on second reading, amending the Community Development Code relating to resort attached
dwellings and overnight accommodations.
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 7
Attachment number 1
Page 1 of 13
ORDINANCE NO. 8044-09
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, MAKING
AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE
RELATING TO RESORT ATTACHED DWELLINGS AND OVERNIGHT
ACCOMMODATIONS BY AMENDING ARTICLE 2, "ZONING
DISTRICTS", "CHART 2-100 PERMITTED USES"; BY AMENDING
ARTICLE 2, "ZONING DISTRICTS", SECTION 2-703.M. AND SECTION
2-704.L. TO ADD FLEXIBILITY CRITERIA FOR OVERNIGHT
ACCOMMODATIONS ACCESSORY USES; BY AMENDING ARTICLE 2,
"ZONING DISTRICTS", SECTION 2-801.1, "MAXIMUM DEVELOPMENT
POTENTIAL" TO ESTABLISH THE MAXIMUM DEVELOPMENT
POTENTIAL FOR RESORT ATTACHED DWELLINGS USE IN THE
TOURIST DISTRICT; BY AMENDING ARTICLE 2, "ZONING
DISTRICTS", SECTION 2-802, "TABLE 2-802", AND SECTION 2-803,
"TABLE 2-803" TO ADD THE RESORT ATTACHED DWELLING USE,
AND CREATING A NEW SUBSECTION 2-802.0 AND SUBSECTION 2-
803.1 TO CREATE THE FLEXIBILITY CRITERIA FOR SAME, AND
RELETTERING SUBSEQUENT SECTIONS AS APPROPRIATE; BY
AMENDING ARTICLE 2, "ZONING DISTRICTS", SECTION 2-802.K AND
SECTION 2-803.1 TO ADD FLEXIBILITY CRITERIA FOR OVERNIGHT
ACCOMMODATIONS ACCESSORY USES; BY AMENDING SECTION
8-102, "DEFINITIONS", BY ADDING A DEFINITION FOR DWELLINGS,
RESORT ATTACHED; 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 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, it is appropriate to define and provide for the resort attached dwelling use as
a permitted use within the Tourist District in order to meet a need for varied configurations and
room rates for tourist accommodations, and
WHEREAS, the City of Clearwater recognizes that overnight accommodation operators
desire to provide additional amenities to their clients, and
WHEREAS, the City of Clearwater wishes to allow accessory uses within resort attached
dwelling and overnight accommodation projects within certain parameters, 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:
-1-
OrdifteM x'078044-09
Attachment number 1
Page 2 of 13
Section 1. That Article 2, Zoning Districts, "CHART 2-100 Permitted Uses", of the
Community Development Code, be, and the same is hereby amended to read as follows:
CHART 2-100 PERMITTED USES
Use Categories LDR LMDR MDR MHDR HDR MHP C T D O I IRT OSR P CRNCOD IENCOD
Residential
Accessory dwellings x X X X X X
Attached dwellings x X X X X X X
Community residential homes x X X X X X X X
Detached dwellings x X X X X X X X
Mobile homes x
Mobile home arks x
Residential infill projects x X X X X X X
Nonresidential
Adult uses x X
Airport x
Alcoholic beverage sales x X X
Animal grooming and or boarding X X X
Assisted living facilities x X X X
Automobile service stations x X
Cemeteries X
Comprehensive infill
redevelopment project CIRP
X
X
X
X
X
X
X
Congregate care x X X X
Convention center x
Educational facilities x X X X
Governmental uses x X X X X X
Halfway houses x
Hospitals x
Indoor recreation/entertainment x X X X
Light assembly x
Manufacturing X
Marinas X
Marinas and marina facilities x X X X
Medical clinic x X X X
Mixed use x X X X
Nightclubs, taverns and bars x X X X
Non-residential off-street parking x X X X
Nursing homes x X X X
Offices x X X X X X
Off-street parking x X
Open space x
Outdoor recreation/entertainment x X X X
Outdoor retail sales, display and/or
,storage
x
X
-2-
Ordiftelm x'078044-09
Attachment number 1
Page 3 of 13
Overnight accommodations X X X X X X X X
Parking garages and lots X X X X X X
Parks and recreation facilities X X X X X X X X X X X X
Places of worship X X X X
Problematic uses X
Public facility X X
Publishing and printing X
Public transportation facilities X X X X X X X
Research and technology use X
Residential shelters X X X
Resort Attached Dwellings X
Restaurants X X X X X X
Retail sales and services X X X X X X X X
RV parks X
Salvage yards X
Schools X X X X X X X
Self-storage warehouse X X
Sidewalk vendors X X
Social and community centers X X X X
Social/public service agencies X X X X
Telecommunications towers X X X X X
TV/radio studios X X
Utility/infrastructure facilities X X X X X X X X X X X X X X X
Vehicle sales/displays X X
Vehicle sales/displays, limited X X
Vehicle sales/displays, major X
Vehicle service X
Vehicle service, limited X
Vehicle service, major X
Veterinary offices X X X X
Wholesale/distribution/warehouse
facility
X
Section 2. That Article 2, "Zoning Districts", Division 7, "Commercial District ("C")",
subsection 2-703.M, "Overnight accommodations", of the Community Development Code, be,
and the same is hereby amended to read as follows:
Section 2-703. Flexible standard development.
***********
Flexibility criteria:
***********
-3-
OrdifteUlm x'078044-09
Attachment number 1
Page 4 of 13
M. Overnight accommodations.
***********
7. Accessory uses:
a. Accessory uses must be incidental, subordinate, and customarily accessory to
overnight accommodations;
b. The maximum floor area for accessorv uses located within the buildina interior
shall be limited to 10% of the gross floor area of the development;
C. Signaqe for any accessory use shall be subordinate to and incorporated into the
primary freestanding signage for the overnight accommodation use. In no case
shall more than 25% of the sign area be dedicated to the accessory uses.
Section 3. That Article 2, "Zoning Districts", Division 7, "Commercial District ("C")",
subsection 2-7041, "Overnight accommodations", of the Community Development Code, be,
and the same is hereby amended to read as follows:
Section 2-704. Flexible development.
Flexibility criteria:
L. Overnight accommodations.
***********
***********
***********
8. Accessory uses:
a. Accessory uses must be incidental, subordinate, and customarily accessory to
overniaht accommodations:
b. Accessory uses located within the building interior may occupy between 10% and
15% of the gross floor area of the development, but only when additional parking
is provided for that portion of the accessory uses which exceeds 10%. The
required amount of parking shall be calculated by using the minimum off-street
parking development standard for the most intensive accessory use(s). Where
there is a range of parking standards, the lowest number of spaces allowed shall
be used to calculate the additional amount of off-street parking required for the
project. In projects where the interior accessory uses exceed 15% of the
building gross floor area, all interior accessory uses shall be considered
additional primary uses for purposes of calculating development potential and
parking requirements.
C. Signaqe for any accessory use shall be subordinate to and incorporated into the
primary freestanding signage for the overnight accommodation use. In no case
shall more than 25% of the sign area be dedicated to the accessory uses.
-4-
OrdifteM x'078044-09
Attachment number 1
Page 5 of 13
Section 4. That Article 2, "Zoning Districts", Division 8, "Tourist District (7")", Section
2-801.1, "Maximum Development Potential", of the Community Development Code, be, and the
same is hereby amended to read as follows:
Section 2-801.1. Maximum development potential.
The Tourist District ("T") may be located in more than one land use category. It is the
intent of the T District that development be consistent with the Countywide Future Land Use
Plan as required by state law. The uses and development potential of a parcel of land within the
T District shall be determined by the standards found in this Development Code as well as the
Countywide Future Land Use Designation of the property, including any acreage or floor area
restrictions set forth in the Rules Concerning the Administration of the Countywide Future Land
Use Plan, as amended from time to time. For those parcels within the T District that have an
area within the boundaries of and governed by a special area plan approved by the City Council
and the countywide planning authority, maximum development potential shall be as set forth for
each classification of use and location in the approved plan. Development potential for the
Countywide Future Land Use Designations that apply to the T District are as follows:
Maximum Maximum FloorArea Ratio/ Maximum Overnight
Countywide Dwelling Impervious Surface Ratio Accommodations
Future Land Units/Resort Units PerAcre
Attached
Use Dwelling Units Overnight Overnight N
R
id
ti
l B
Designation
A
d
ti
A
d
ti on
es
en
a ase
Alt
ti
perAcre of ccommo
a
ons ccommo
a
ons
Uses erna
ve
Land (Base) (Alternative)
FAR 2.0/ISR.95 Less than one
acre: 70
Between one
Resort Facilities
30 dwelling
FAR LOASR.95
FAR 3.0/ISR.95
FAR LOASR.95
50 acre and
three acres:
High units per acre 90
Greater than
FAR 4.0/ISR.95 three acres:
110
* Or as set forth in Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines, the special area plan
governing Clearwater Beach adopted by Ord. No. 6689-01 and as amended.
Section 5. That Article 2, "Zoning Districts", Division 8, "Tourist District (7")", Section
2-802, "Table 2-802", of the Community Development Code, be, and the same is hereby
amended to read as follows:
Section 2-802. Flexible standard development.
The following uses are Level One permitted uses in the T District subject to the
standards and criteria set out in this section and other applicable provisions of Article 3.
-5-
OrdifteM x'078044-09
Attachment number 1
Page 6 of 13
Table 2-802. "T" District Flexible Standard Development Standards
Use Min. Lot
Area Min. Lot
Width Max.
Height Min. Setbacks
I
Density Min. Off-Street
(sq. ft.)
(A)
(A) l
(ft) ? parking
Front Side Rear
Accessory Dwellings n/a n/a n/a n/a n/a n/a 30 acre
units/ 1/unit
Alcoholic Beverage Sales 5,000 50 35 15 10 20 n/a 5 per 1,000 GFA
Attached Dwellings 10,000 100 35-- 10-- 10 10 30 2 per unit
50 15 20 units/acre
Governmental Uses (2) 10,000 100 35-- 10-- 0-- 10-- n/a 3-4/1,000 GFA
50 15 10 20
Indoor
5,000
50 35--
0--15 0--
20
n/a
10 per 1,000 GFA
Recreation/Entertainment 100 10
Medical Clinic 10,000 100 10 20 20 2--3/1,000 GFA
50 15
Mixed Use
10
000 50-- 35--
0--15 0-- 10-- 30 Based upon use
, 100 50 10 20 units/acre requirements
Nightclubs 5,000 50 35 15 10 20 n/a 10 per 1,000 GFA
Non-Residential Off-Street n/a n/a n/a 25 5 10 n/a n/a
Parking
Offices 10,000 100 35-- 10-- 0-- 10-- n/a 3-4 spaces per
50 15 10 20 1,000 GFA
2.5 spaces per 1,000
sq. ft. of lot area or
as determined by
Outdoor 5
000 50 35 10-- 10 20 n/a the community
Recreation/Entertainment , 15 development
director based on
TIE Manual
standards
Overnight 20,000 100-- 35-- 10-- 0-- 10-- 40 1.2 per unit
Accommodations 150 50 15 10 20 rooms/acre
Parking Garages and Lots 20,000 100 50 25 10 20 n/a n/a
1 per 20,000 SF
land area or as
determined by the
Parks and Recreation n/a n/a 50 25 10 20 n/a community
Facilities development
coordinator based
on TIE Manual
standards
Public Transportation
Facilities (3)
n/a
n/a
10
n/a
n/a
n/a
n/a
n/a
-6-
OrdifteM x'078044-09
Attachment number 1
Page 7 of 13
Resort Attached Dwellings 10,000 100 35--50 10--15 10 10--20 30 1.5 per unit
units/acre
Restaurants 5,000-- 50-- 25-- 10-- 0-- 10--
n/a 7-15 spaces per
10,000 100 35 15 10 20 1,000 GFA
Retail Sales and Services 5,000-- 50-- 35-- 10-- 0-- 10--
n/a 4--5 spaces per
10,000 100 50 15 10 20 1,000 GFA
Sidewalk Vendors n/a n/a n/a n/a n/a n/a n/a n/a
Social and Community 5,000-- 50-- 35-- 10-- 0-- 10--
n/a 4--5 spaces per
Center 10,000 100 50 15 10 20 1,000 GFA
Utility/Infrastructure
Facilities (4)
n/a
n/a
n/a
25
10
10
n/a
n/a
(1) Specific standards for the Old Florida District and the Marina District that supersede the above regulations are set forth
in Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines.
(2) Governmental uses shall not exceed five acres. Any such use, alone or when added to contiguous like uses which
exceed five acres shall require a land use plan map amendment to Institutional which shall include such uses and all
contiguous like uses.
(3) Public transportation facilities shall not exceed three acres. Any such use, alone or when added to contiguous like uses
which exceed three acres shall require a land use plan map amendment to Transportation/Utility which shall include such
uses and all contiguous like uses.
(4) Utility/infrastructure uses shall not exceed three acres. Any such use, alone or when added to contiguous like uses
which exceed three acres shall require a land use plan map amendment to Transportation/Utility which shall include such
uses and all contiguous like uses.
Section 6. That Article 2, "Zoning Districts", Division 8, "Tourist District (7")",
subsection 2-802.K, "Overnight accommodations", of the Community Development Code, be,
and the same is hereby amended to read as follows:
Section 2-802. Flexible standard development.
***********
Flexibility criteria:
***********
K. Overnight accommodations.
***********
10. Accessory uses:
a. Accessorv uses must be incidental. subordinate. and customarilv accessorv to
overnight accommodations:
b. The maximum floor area for accessory uses located within the building interior
shall be limited to 10% of the gross floor area of the development.
C. Signage for any accessory use shall be subordinate to and incorporated into the
primary freestanding signage for the overnight accommodation use. In no case
shall more than 25% of the sign area be dedicated to the accessory uses.
d. Those developments that have obtained additional density from the Destination
Resort Density Pool established in Beach by Design are not subject to the
reauirements set forth in Sections 2-802.K.10.a - c.
-7-
OrddteIM *78044-09
Attachment number 1
Page 8 of 13
Section 7. That Article 2, "Zoning Districts", Division 8, "Tourist District (7")", Section
2-802, "Flexible standard development", of the Community Development Code, be, and the
same is hereby amended to add subsection 2-802.0, "Resort attached dwellings" and re-letter
"Restaurants" as subsection 2-802.P and the subsequent sections as appropriate:
Section 2-802. Flexible standard development.
Flexibility criteria:
0. Resort attached dwellinas.
***********
***********
1. Height:
a. The increased height results in an improved site plan or improved design and
appearance;
b. The increased height is necessary to allow the improvement of off-street parking
on the ground floor of the residential building_
2. Off-street parking: Off-street parking within the footprint of the residential building is
designed and constructed to create a street level facade comparable to the architectural
character and finishes of a residential building without parking on the ground level;
3. Front setback:
a. The reduction in front setback contributes to a more active and dynamic street
Il i
b. The reduction in front setback results in an improved site plan or improved
design and appearance;
4. Rear setback:
a. The reduction in rear setback does not prevent access to the rear of any building
by emergency vehicles;
b. The reduction in rear setback results in an improved site plan, more efficient
parking or improved design and appearance;
C. The reduction in rear setback does not reduce the amount of landscaped area
otherwise required.
5. The design of all buildings complies with the Tourist District design guidelines in Division
5 of Article 3.
6. Accessory uses:
a. Accessory uses, including but not limited to restaurants, snack bars, and
sundries shops, must be incidental and subordinate to the primary use, and the
maximum floor area for interior accessorv uses shall not exceed. in the
aggregate, 10% of the building footprint.
b. No signage shall be visible from outside of the development.
P9. Restaurants.
***********
-8-
OrdifteM x'078044-09
Attachment number 1
Page 9 of 13
Section 8. That Article 2, "Zoning Districts", Division 8, "Tourist District ("T")", Section
2-803, "Table 2-803", of the Community Development Code, be, and the same is hereby
amended to read as follows:
Section 2-803. Flexible development.
The following uses are Level Two permitted uses permitted in the Tourist "T" District
subject to the standards and criteria set out in this section and other applicable provisions of
Article 3.
Tablet-803. "T" Flexible Development Standards
Min. Min.
Max
Min
Min
Min
(1)
Use
Lot
Lot .
Height .
Front .
Side .
Rear
Density
Min. UJJ-Street
Area Width ft? ft? ft? ft?
Parking
(sq. ft. (ft)
Alcoholic Beverage Sales 5,000 50 0--15 0--10 10--20 n/a 5 per 1,000 GFA
100
Attached Dwellings 5,000-- 50-- 35--
0--15
0--10
10--20 30
2 per unit
10,000 100 100 units/acre
2 spaces per attached
dwelling unit and as
determined by the
30 community
Comprehensive Infill n/a n/a n/a n/a n/a n/a units/acre, development
Redevelopment Project 40 coordinator for all
rooms/acre other uses based on
the specific use and/or
ITE Manual
standards
Limited Vehicle Sales and 5
000
50 35--
0--15
0--10
10--20
n/a 4--5 spaces per 1,000
Display , 100 GFA
Marinas and Marina 51000 50 25 10--15 0--10 10--20 n/a 1 space per 2 slips
Facilities
Mixed Use 5,000-- 50-- 35--
0--15
0--10
0--20 30 Based upon use
10,000 100 100 units/acre requirements
Nightclubs 5,000 50 100 0--15 0--10 10--20 n/a 10 per 1,000 GFA
Offices 10,000 100 0--15 0--10 10--20 n/a 3-4 per 1,000
100 GFA
2.5 spaces per 1,000
SQ FT of lot area or
as determined by the
Outdoor 5,000 50 35 5--15 0--10 10--20 n/a community
Recreation/Entertainment development
coordinator based on
ITE Manual
standards
Overnight 10,000- 100-- 35-- 0--15 0--10 0--20 40 1-1.2 per unit
Accommodations 20,000 150 100 rooms/acre
Resort Attached 5,000-- 50-- 35-- 30
0--15 0--10 10--20 1.5 per unit
Dwellings 10,000 100 100 units/acre
-9-
OrdiAMM x'078044-09
Attachment number 1
Page 10 of 13
Restaurants 5,000-- 50-- 25--
0--15
0--10
10--20
n/a 7--15 spaces per 1,000
10,000 100 100 GFA
Retail sales and services 5,000-- 50-- 35--
0--15
0--10
10--20
n/a 4--5 spaces per 1,000
10,000 100 100 GFA
(1) Specific standards for the Old Florida District and the Marina District that supersede the above regulations are set forth in
Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines.
Section 9. That Article 2, "Zoning Districts", Division 8, "Tourist District (7")",
subsection 2-803.1, "Overnight accommodations", of the Community Development Code, be,
and the same is hereby amended to read as follows:
Section 2-803. Flexible development.
***********
Flexibility criteria:
***********
Overnight accommodations.
***********
11. Accessory Uses:
a. Accessorv uses must be incidental. subordinate. and customarilv accessorv to
overnight accommodations;
b. Accessory uses located within the building interior may occupy between 10% and
15% of the gross floor area of the development, but only when additional parking
is provided for that portion of the accessory uses which exceeds 10%. The
required amount of parking shall be calculated by using the minimum off-street
parking development standard for the most intensive accessory use(s). Where
there is a range of parking standards, the lowest number of spaces allowed shall
be used to calculate the additional amount of off-street parking required for the
project. In projects where the interior accessory uses exceed 15% of the
building gross floor area, all interior accessory uses shall be considered
additional primary uses for purposes of calculating development potential and
parking requirements.
C. In addition to the requirements above, for those projects that request additional
rooms from the Hotel Density Reserve established in Beach by Design and
whose interior accessory uses are between 10% and 15% of the gross floor area
of the proposed building, density shall be calculated as follows:
i. Calculate the maximum number of units allowed by the base density;
ii. Calculate the maximum number of units that may be allocated from the
Hotel Density Reserve established in Beach by Design;
iii. Add the fiaures determined in i. and ii. to determine the total number of
units allowed for the site;
iv. Divide the total number of units allowed, as calculated in iii., by the total
land area to determine the resulting units per acre for the project site;
V. Determine the total floor area of all interior accessory uses exceeding
10% of the gross floor area of the proposed building;
-10-
OrdifteM x'078044-09
Attachment number 1
Page 11 of 13
vi. Subtract the fiaure determined in v. from the total land area. and divide
this difference by 43,560 to determine the net acreage;
vii. Multiply the net acreage derived in vi. by the applicable resulting units per
acre figure determined in iv. The resulting product is the maximum
number of rooms allowable for the project.
viii. The final allocation of rooms from the Hotel Density Reserve shall be
determined by multiplying the net acreage determined in vi. by the base
density and subtracting this product from the maximum number of rooms
allowable for the project as determined in vii.
d. Signage for any accessory use shall be subordinate to and incorporated into the
primary freestanding signage for the overnight accommodation use. In no case
shall more than 25% of the sign area be dedicated to the accessory uses.
e. Those developments that have obtained additional density from the Destination
Resort Density Pool established in Beach by Design are not subject to the
requirements set forth in Sections 2-803.1.1 1.a - d.
Section 10. That Article 2, "Zoning Districts", Division 8, "Tourist District (7")", Section
2-803, "Flexible development', of the Community Development Code, be, and the same is
hereby amended to add subsection 2-803.J, "Resort attached dwellings" and re-letter
"Restaurants" as subsection 2-803.K and the subsequent sections as appropriate:
Section 2-803. Flexible development.
***********
Flexibility criteria:
***********
J. Resort attached dwellinas.
1. Lot area and width: The reduction in lot area will not result in a building which is out of
scale with existing buildings in the immediate vicinity of the parcel proposed for
development;
2. Height:
a. The increased height results in an improved site plan or improved design and
appearance;
b. The increased height is necessary to allow the improvement of off-street parking
on the ground floor of the residential building,
3. Front setback:
a. The reduction in front setback contributes to a more active and dynamic street
Ili L
b. The reduction in front setback results in an improved site plan or improved
design and appearance;
4. Side and rear setbacks:
a. The reduction in side and rear setback does not prevent access to the rear of any
building by emergency vehicles;
b. The reduction in side and rear setback results in an improved site plan. more
efficient parking or improved design and appearance;
-11-
OrdifteM x'078044-09
Attachment number 1
Page 12 of 13
5. Off-street parking: Off-street parking within the footprint of the residential building is
designed and constructed to create a street level facade comparable to the architectural
character and finishes of a residential building without parking on the ground level.
6. The design of all buildings complies with the Tourist District design guidelines in Division
5 of Article 3.
7. Accessory uses:
a. Accessory uses, including but not limited to restaurants, snack bars, and
sundries shops, must be incidental and subordinate to the primary use, and the
maximum floor area for interior accessory uses shall not exceed, in the
aggregate, 15% of the building footprint.
b. No signage shall be visible from outside of the development.
KJ. Restaurants.
***********
Section 11. 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:
Section 8-102. Definitions.
***********
Dwellings, resort attached means a dwelling unit located in the Tourist (T) zoning district that
shares one or more common walls with at least one other dwelling unit and the occupancy of
which may occur or which may be offered or advertised as being available for any term.
***********
Section 12. 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 13. 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 14. 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 15. Notice of the proposed enactment of this Ordinance has been properly
advertised in a newspaper of general circulation in accordance with applicable law.
-12-
OrdifteM *78044-09
Attachment number 1
Page 13 of 13
Section 16. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
AS AMENDED
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
Leslie K. Dougall-Sides
Assistant City Attorney
Frank V. Hibbard
Mayor
Attest:
Cynthia E. Goudeau
City Clerk
-13-
OrdifteM x'078044-09
?- Meeting Date: 10/ 1/2009
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Adopt Ordinance No. 8090-09 on second reading, annexing certain real property whose post office address is 1520 South Highland
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
Item # 8
Attachment number 1
Page 1 of 1
ORDINANCE NO. 8090-09
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE
WEST SIDE OF SOUTH HIGHLAND AVENUE APPROXIMATELY
295 FEET SOUTH OF NURSERY ROAD, CONSISTING OF LOTS
15, 16 AND THE SOUTH FIVE FEET OF LOT 17 AND NORTH
FIVE FEET OF LOT 14, BLOCK B, SCOTIA HEIGHTS, WHOSE
POST OFFICE ADDRESS IS 1520 SOUTH HIGHLAND 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:
Lots 15, 16 and south five feet of Lot 17 and north five feet of Lot 14, Block B,
Scotia Heights, according to the plat thereof as recorded in Plat Book 10, Page 10,
Public Records of Pinellas County, Florida. (ANX2009-07010)
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:
Leslie K. Dougall-Sides
Assistant City Attorney
Attest:
Cynthia E. Goudeau
City Clerk
Ordinance No.l$'0'90=09'
?- Meeting Date: 10/ 1/2009
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Adopt Ordinance No. 8091-09 on second reading, amending the future land use plan element of the Comprehensive Plan of the
city to designate the land use for certain real property whose post office address is 1520 South Highland Avenue, upon annexation
into the City of Clearwater, as Residential Low (RL).
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 9
Attachment number 1
Page 1 of 1
ORDINANCE NO. 8091-09
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 SOUTH HIGHLAND AVENUE
APPROXIMATELY 295 FEET SOUTH OF NURSERY ROAD,
CONSISTING OF LOTS 15,16 AND THE SOUTH FIVE FEET OF
LOT 17 AND NORTH FIVE FEET OF LOT 14, BLOCK B,
SCOTIA HEIGHTS, WHOSE POST OFFICE ADDRESS IS 1520
SOUTH HIGHLAND 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
Lots 15, 16 and south five feet of Lot 17 and Residential Low (RL)
north five feet of Lot 14, Block B, Scotia Heights,
according to the plat thereof as recorded in Plat
Book 10, Page 10, Public Records of Pinellas
County, Florida. (ANX2009-07010)
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. 8090-09.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
Leslie K. Dougall-Sides
Assistant City Attorney
Frank V. Hibbard
Mayor
Attest:
Cynthia E. Goudeau
City Clerk
Ordinance No. 8091-09 Item # 9
?- Meeting Date: 10/ 1/2009
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Adopt Ordinance No. 8092-09 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose
post office address is 1520 South Highland Avenue, upon annexation into the City of Clearwater, as Low Medium Density
Residential (LMDR).
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 10
Attachment number 1
Page 1 of 1
ORDINANCE NO. 8092-09
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
SOUTH HIGHLAND AVENUE APPROXIMATELY 295 FEET
SOUTH OF NURSERY ROAD, CONSISTING OF LOTS 15, 16
AND THE SOUTH FIVE FEET OF LOT 17 AND NORTH FIVE
FEET OF LOT 14, BLOCK B, SCOTIA HEIGHTS, WHOSE POST
OFFICE ADDRESS IS 1520 SOUTH HIGHLAND 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
Lots 15, 16 and south five feet of Lot 17 and north Low Medium Density
five feet of Lot 14, Block B, Scotia Heights, according Residential
to the plat thereof as recorded in Plat Book 10, Page (LMDR)
10, Public Records of Pinellas County, Florida.
(ANX2009-07010)
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. 8090-09.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
Leslie K. Dougall-Sides
Assistant City Attorney
Frank V. Hibbard
Mayor
Attest:
Cynthia E. Goudeau
City Clerk
Ordinance No.le?l# 910
City Council Agenda
Council Chambers - City Hall
Meeting Date: 10/ 1/2009
SUBJECT / RECOMMENDATION:
Award contracts (blanket purchase orders)to Baker and Taylor, Atlanta, GA - $250,000; and Ingram Library Services, Atlanta, GA
- $170,000 for the purchase of library books and materials for the contract period October 2, 2009 through September 30, 2010 and
authorize the appropriate officials to execute same. (consent)
SUMMARY:
Blanket Purchase Orders for Baker & Taylor and Ingram are for the acquisition of books and audio visual materials. The purchase
orders will be used for numerous small dollar purchases. Each order will be shopped for best price and availability.
Type: Capital expenditure
Current Year Budget?: Yes Budget Adjustment: None
Budget Adjustment Comments:
Current Year Cost: $420,000 Annual Operating Cost: $420,000
Not to Exceed: Total Cost: $420,000
For Fiscal Year: 2009 to 2010
Appropriation Code Amount Appropriation Comment
0315-93527-564400-571-000-
0000
Review 1) Office of Management and Budget 2) Legal 3) Clerk 4) Purchasing 5) Clerk 6) Assistant City
Approval: Manager 7) Clerk 8) City Manager 9) Clerk
Cover Memo
Item # 11
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Meeting Date: 10/ 1/2009
Accept funding totaling $200,738 from and approve the corresponding agreement with Coordinated Child Care for the "Charting a
Course for Youth" programs for youth and teens and authorize the appropriate officials to execute same. (consent)
SUMMARY:
The City of Clearwater Parks and Recreation Department has been awarded funding totaling $200,738 for FY 09/10 from
Coordinated Child Care. Council approval is required for each year of the agreement.
Since the program began in 2000, JWB Children's Services Council of Pinellas County was the contract agency. This year, JWB is
granting all of the youth development, out of school time funding to Coordinated Child Care a non-profit, 501 c (3) agency. JWB
has decided to consolidate all of this type of program under one administrative service agency.
Clearwater Parks and Recreation "Charting a Course for Youth" program was developed to nurture teenagers at the Clearwater
neighborhoods in which teens need the most direction. The program leaders have developed a safe haven for community teens and
pre- teens ages 9-14 at Ross Norton Recreation Complex, and North Greenwood Recreation and Aquatic Complex.
Program activities include educational programs such as financial management and homework help; obesity prevention programs
such as fitness/nutrition education, team sports, and lifelong activities; and field trips. Each facility has a room that has been
completely dedicated to teens and teen programming equipped with lounge furniture, computers, and video games.
There is no requirement to continue the program when the grant ends.
Type: Other
Current Year Budget?: Yes Budget Adjustment: No
Budget Adjustment Comments:
Funding from Coordinated Child Care.
Current Year Cost: $200,738 Annual Operating Cost: $200,738
Not to Exceed: $200,738 Total Cost: $200,738
For Fiscal Year: 2009 to 2010
Appropriation Code Amount Appropriation Comment
181-99872 $100,369 Ross Norton Complex
181-99873 $100,369 North Greenwood Teens
Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) Clerk 6) City Manager 7) Clerk
Cover Memo
Item # 12
Attachment number 1
Page 1 of 16
AGREEMENT
Between
COORDINATED CHILD CARE OF PINELLAS, INC.
and
City of Clearwater, Florida, Parks and Recreation Department
Out of School Time Program- (OST)
PURPOSE
Coordinated Child Care of Pinellas, Inc., hereinafter referred to as "CCC", and City of Clearwater,
Florida, Parks and Recreation Department hereinafter referred to as "Provider", enter into this mutual
Agreement, including all attachments referred to herein, for the period commencing October 1, 2009 and
extending through September 30, 2010.
II. STAFF
Provider agrees to employ staff, at its expense, to execute services provided in accordance with this
Agreement. Such individuals shall not be considered employees of CCC or the Juvenile Welfare Board The
Children's Services Council of Pinellas County (JWB), and are subject to the supervision, personnel
practices and policies of the provider. Unless otherwise approved by CCC, all staff shall meet qualifications
as stated and in accordance with approved program methodology job descriptions on file at CCC and any
approved revisions which are submitted for FY09-10 agreement year.
III. SERVICES
Provider agrees to deliver services as stated in the currently approved program methodology on file at
CCC; and to comply with General Conditions in Attachment 1; and to accomplish objectives stated in
Attachment 2 in accordance with recognized child welfare practices, as determined by CCC; and comply
with any Special Conditions listed in Attachment 3; and abide by budget as listed/approved in Attachment 4;
and comply with reimbursement schedule listed in Attachment 5.
IV. FUNDS
A. The budget detail and narrative for both CCC and other funds (if any) for accomplishing the above
stated services shall be as set forth in Attachment 4. CCC agrees to reimburse an annual rate per OST
Program Scholarship slot of $3,461 for a maximum allocation of 58 OST program scholarship slots, and
a maximum earning potential of up to but not to exceed $200,T38 commencing October 1, 2009 and
ending September 30, 2010 for services rendered pursuant to this Agreement and in accordance with
program attendance and eligibility requirements.
V. METHOD OF PAYMENT
A. CCC issues reimbursements in accordance with the schedule listed on Attachment 5 (or on the
preceding working day in case of a holiday). Request for payment must be accompanied by the
appropriate documentation as prescribed by CCC.
B. Reimbursement payments cannot exceed maximum allowable reimbursement qualified to earn for the
current payment/reimbursement period.
C. Requests for advance funds may be made, consistent with CCC/JWB policy.
D. Provider agrees to return any disallowed funds pursuant to the terms of this Agreement that were
disbursed to the provider by CCC for FY 09-10 commencing Oct 1, 2009 and ending September 30,
2010. Such funds are considered funds belonging to the Funder and will be remitted to CCC on behalf
of the Funder upon request in accordance with its instructions. CCC reserves the right to withdraw
funds through reverse EFT within five (5) days if overpayment of any type is made as applicable. In the
event that CCC utilizes reverse EFT to recover disallowed funds, CCC will make every effort to contact
the Provider prior to withdrawal of funds.
Item # 12
CCGOST Agreement FY 09-10 Page 1 of 16
Attachment number 1
Page 2 of 16
VI. TERMINATION
A. It is the intent of the CCC/JWB to assure a consistent and orderly delivery of children's services. It is
the further intent of CCC/JWB to terminate Agreements only in those situations where such action is
essential to protection of its interests and the interests of children, as determined solely by CCC/JWB.
B. In the event funds to finance this Agreement become unavailable, CCC/JWB may terminate the
contract upon no less than twenty-four (24) hours notice in writing to the Provider. Said notice shall be
delivered by certified mail, return receipt requested, or in person with proof of delivery. CCC shall
endeavor, whenever possible and consistent with its legal obligations and principles of prudent
management to provide 30 days notice for Termination for Lack of Funds. CCC/JWB shall be the final
authority as to the availability of funds and extension of notice beyond the minimum time herein stated.
C. In addition to the rights as set forth in paragraph VI. 2 above, this Agreement may be terminated by
CCC/JWB for any reason whatsoever upon twenty-four (24) hours written notice. Said notice shall be
delivered by certified mail, return receipt requested, or in person with proof of delivery.
E. The above provisions shall not limit CCC/JWB s right to remedies at law or to damages.
VII. COMMENCEMENT OF PAYMENT
Unless specifically authorized by CCC/JWB, payment for services rendered under this Agreement shall not
commence prior to the effective date of this contract.
IN WITNESS THEREOF, the parties have caused this two page Agreement including all accompanying
Attachments to be executed by their undersigned officials as duly authorized.
Coordinated Child Care of Pinellas, Inc.
Authorized Representative
Print/Type Name: Guy M. Cooley
Title: Executive Director
Signature
Date
Countersigned:
Frank V. Hibbard
Mayor
Approved as to form:
Laura Lipowski Mahony
Assistant City Attorney
City of Clearwater, Florida, Parks and
Recreation Department
Authorized Representative:
Print/type Name
Title:
Signature
Date
CITY OF CLEARWATER, FLORIDA
By:
William B. Horne, II
City Manager
Attest:
Cynthia E. Goudeau
City Clerk
Item # 12
CCGOST Agreement FY 09-10 Page 2 of 16
Attachment number 1
Page 3 of 16
ATTACHMENT 1
GENERAL CONDITIONS OF THE AGREEMENT
Agreement Revisions & Modifications
A. This Agreement and its attachments constitute the contractual relationship between the Provider and
CCC. If there is any discrepancy between program-related documents, this contract preempts all
other documents. No amendments to this Agreement or its attachments may be made without the
prior written approval of CCC and Provider, except as may be provided in General Condition #4.
B. CCC reserves the right to waive requirements of the General Conditions or any and all Attachments
to this Agreement where warranted by special circumstances.
C. Emergency problems with availability of funding may result in temporary or ongoing reductions after a
minimum of twenty-four (24) hour written notice. JWB and/or CCC will be the sole and final
authorities as to the availability of funds for this Agreement.
2. Fiscal Responsibility - Provider agrees:
A. To maintain books, records and documents in accordance with generally accepted accounting
procedures and practices which accurately and appropriately reflect all expenditures of funds listed in
Attachment 4.
B. That all financial records and supporting documentation shall be subject at all times to inspection,
review, or audit by CCC and/or JWB personnel or CCC/JWB duly authorized agent.
C. To maintain and file with CCC in a timely fashion reports related to services provided under this
Agreement.
D. To retain all financial records, supporting documentation, statistical records, and any other
documents pertinent to this Agreement for a period of five (5) years after termination of this
Agreement. If an audit has been initiated and audit findings have not been resolved at the end of five
(5) years, all records shall be retained until resolution of audit findings.
E. Payments During Disaster Recovery: CCC/JWB agrees to support previously approved funded
programs unable to provide normal services for a period of at least 60 days after a disaster has been
declared, provided the program agrees to comply with requests of CCC/JWB and the Human
Services Disaster Recovery Leadership Network Task Force. The Provider will submit to CCC a
copy of the agency's current contract year Continuity Of Operations Plan (COOP) within thirty days of
the effective date of this agreement.
3. Audit and Management Letter
A. The Provider agrees to submit to CCC an independent audit of the financial statements of the entity
in its entirety and any accompanying management letter(s) immediately upon receipt by the
Provider's board, but within a period not to exceed 120 days of the close of the agency's fiscal year.
The audit must be performed by a firm licensed to perform audits in the State of Florida and
conducted in accordance with generally accepted auditing standards and standards established by
the American Institute of Certified Public Accountants. The audit will separately identify CCC/JWB
revenues, fees and donations, and expenditures by the CCC program under this agreement.
B. The provider's auditor shall not provide any non-audit service to an issuer contemporaneously with
the audit, including: (1) bookkeeping or other services related to the accounting records or financial
statements of the audit client; (2) financial information systems design and implementation; (3)
appraisal or valuation services, fairness opinions, or contribution-in-kind reports; (4) actuarial
services; (5) internal audit outsourcing services; (6) management functions or human resources; (7)
broker or dealer, investment adviser, or investment banking services; (8) legal services and expert
services unrelated to the audit.
The agency is required
conducting the financial
three years.
to engage an audit firm which follows Government Audit Standards when
audit and which shows evidence of a peer review report completed every
Item # 12
CCGOST Agreement FY 09-10 Page 3 Of 16
Attachment number 1
Page 4 of 16
4. Other Financial Support
A. Provider will report within fifteen working days any changes in other non- CCC/JWB revenue that
relates to this program as they occur during the agreement year.
B. CCC/JWB funds will not be used for expenditures also funded by other sources.
C. Generally, CCC/JWB encourages use of its funds as financial match for securing funds from other
sources. However, in such instances Provider is required to obtain prior approval from CCC.
D. Revenues earned in CCC/JWB funded program must remain in the funded program, as a condition
of funding.
5. Program Monitoring
A. Provider agrees to submit progress reports and other information as may be prescribed by
CCC/JWB and to cooperate in site visits and other on-site monitoring including, but not limited to,
access to sites, staff, fiscal and participant records, and logs and the provision of related
information.
B. Provider is responsible for entering all program, fiscal, and all other required data into SAMIS.
Program staff will adhere to SAMIS Business Rules and all staff who have any responsibility
(supervisory or direct) for SAMIS data entry will be trained in SAMIS within sixty (60) calendar days
of hire. The Provider will notify the SAMIS Help Desk immediately (maximum of 48 hours) when a
staff person's access to SAMIS must be inactivated due to the reasons outlined in SAMIS Business
Rules.
C. Provider agrees to cooperate with CCC corrective action policy and procedures. Provider agrees to
provide CCC/JWB representatives access, without presence of the Provider supervisor, to staff or
program participants during any monitoring with or without advance notice.
D. Programs charging a fee for services supported by CCC/JWB funding in this program must forward
a copy of the fee schedule to CCC.
E. Governmental entities are exempt from fiscal and personnel file review.
6. Board Members and Meetings
Within 30 days of the effective date of this Agreement, Provider will submit to CCC a calendar of
scheduled Board meetings for the current fiscal year. Approved Board minutes and an updated list of
Board Members shall be submitted to CCC within thirty calendar days of approval.
7. Nondiscrimination
Programs receiving funding from the CCC/JWB shall not discriminate against an employee, volunteer, or
participant of the provider on the basis of race, color, gender, religion, national origin, citizenship,
disability, marital status, or age except that programs may target services for specific participant groups
as defined in the application. Additionally, agencies receiving funds shall demonstrate the standards,
policies, and practices necessary to render services in a manner that respects the worth of the individual
and protects and preserves the dignity of people of diverse cultures, classes, races, religions, and ethnic
backgrounds.
8. Publicizing of JWB Support
Provider agrees to identify JWB support in its annual report and program brochures. JWB's logo may not
be used on any other publications without JWB approval.
9. Publications
Provider agrees to supply CCC, without charge, up to three (3) copies of any publication developed in
connection with implementation of programs addressed by this Agreement. Such publications will state
that the program is supported by JWB. Provider agrees that CCC/JWB will have unlimited use of
copyrighted materials developed under this Agreement.
Item # 12
CCGOST Agreement FY 09-10 Page 4 Of 16
Attachment number 1
Page 5 of 16
10. Assignments and Subcontracts
Provider shall not assign the responsibility of this Agreement to another party nor subcontract for any of
the work contemplated under this Agreement, unless so specified in Attachment 4, without prior written
approval of CCC. No such approval by CCC of any assignment or subcontract shall be deemed in any
event or in any manner to provide for the incurrence of any obligation by CCC addition to the total dollar
amount stated in this Agreement. All such assignments or subcontracts shall be subject to the conditions
of this Agreement and to any conditions of approval that CCC shall deem necessary.
11. Confidential Information
Provider shall not use or disclose any information which specifically identifies a recipient of services
under this Agreement, and shall adopt appropriate procedures for employees' handling of confidential
data with the following exceptions: a) such information may be revealed as may be necessary to
implement General Conditions 2 and 5; b) such information may be revealed as may be necessary
pursuant to applicable federal, state, or local law and related regulations; and c) such information may be
revealed with the written consent (authorization) of the recipient, or the recipient's responsible parent or
guardian, where authorized by law. The provider is responsible to adopt appropriate policies,
notifications, authorizations, and other relevant information that allows for the sharing of confidential
information.
12. Return of Funds
Provider agrees to return to CCC any overpayment due to unearned funds or funds disallowed pursuant
to the terms of this Agreement that were disbursed to Provider by CCC, and such funds shall be
considered CCC/JWB funds and shall be refunded to CCC/JWB in accordance with its instructions.
13. Special Situations
Provider agrees to inform CCC in a timely manner of any circumstances or events which may reasonably
be considered to jeopardize its capability to continue to meet its obligations under the terms of this
Agreement. This includes the reporting of any critical incidents, including anything that may reflect
negatively or critically upon CCC. Specifically, the Provider shall notify CCC immediately upon
knowledge of any incident resulting in the injury to a program participant. Within 24 hours, the Provider
must submit a completed Incident Report to CCC with full details and disposition of the incident. In
addition, the Provider shall notify CCC immediately upon knowledge of any action or incident involving
agency staff or volunteers that could potentially jeopardize the terms of this Agreement which includes
misconduct, malfeasance during working hours, or any conduct that results in the arrest of a staff
member or volunteer after hours.
14. Provider Staff Membership on Board
Provider agrees that provider staff shall not serve as members of the Provider's governing board.
15. Waiver
CCC reserves the right to waive requirements of this Agreement and General Conditions where
warranted by special circumstances.
16. Agency & Program Data Maintained In 2-1-1 Database
Provider agrees to maintain accurate and up-to-date agency and program data in the 2-1-1 Tampa Bay
Cares database. The Provider will review and update (as necessary) this data at least once annually.
The Provider will list data for newly funded program(s) within thirty (30) calendar days of the date that
CCC funds the program. This requirement applies to all programs accepting 2-1-1 referrals.
17. Funded Agency Staff Background Checks
All staff involved in a program funded by CCC/JWB are required to undergo a national background check
that includes fingerprinting. This requirement applies to employees regardless of the funder supporting
the position and all volunteers who may interact with youth. The Provider's policy and practice must
provide for adequate protection.
Item # 12
CCGOST Agreement FY 09-10 Page 5 Of 16
Attachment number 1
Page 6 of 16
18. Youth Worker Training
BEST training for year round staff working directly with youth (ages 11 to 17) is required. The Provider
must have a CCC-approved plan to ensure full compliance by 9/30/2010.
19. Link to JWB's Websites
Providers with an agency website will include links on their website to the JWB website
(www.jwbpinellas.org) and JWB's About Pinellas Kids website (www.aboutpinellaskids.org).
20. Drug-Free Workplace
As applicable, the Provider will comply with the Drug-Free Workplace Act, Section 440.101, Florida
Statutes.
21. Public Entity Crimes
Per Section 287.133, Florida Statutes, a person or affiliate who has been placed on the convicted vendor
list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods
or services to a public entity, may not submit a bid on a contract with a public entity for the construction or
repair of a public building or public work, may not submit bids on leases of real property to a public entity,
may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a
contract with a public entity, and may not transact business with a public entity in excess of the threshold
amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of
being placed on the convicted vendor list.
22. CCC/JWB Policies and Procedures
Provider agrees to follow all CCC/JWB policies and procedures which are incorporated into this
Agreement in their entirety. Said policies include, but are not limited to, all CCC/JWB Board policies,
funding policies, SAMIS business rules and policies that may be promulgated by CCC/JWB within its sole
discretion from time to time. CCC/JWB reserves the right to change these policies with no prior notice
from time to time within its sole discretion and it is the responsibility of the provider to be in compliance
with all CCC/JWB policies and procedures at all times.
23. Insurance, Public Liability, Bodily Injury, and Property Damage
The Provider will procure, pay for, and maintain, throughout the period of this Agreement, on behalf of the
Provider, CCC/JWB, the following insurance coverage with responsible companies, eligible to do
business in the State of Florida, acceptable to CCC/JWB:
Commercial General Liability for premises and operations of the Provider including Personal Injury and
Contractual for this Agreement, with CCC/JWB as an additional insured for the operations of the
Provider, with limits for Bodily Injury, Property Damage and Personal Injury of not less than:
Each Occurrence $1,000,000
Personal Injury $1,000,000
General Aggregate $1,000,000
Products & Completed Operations $1,000,000
Fire Legal Liability $50,000
Automobile Liability Insurance for the Provider's operation, maintenance and use of owned, non-
owned, hired, and leased automobiles, with the interest of the CCC/JWB included as an insured, with
limit of not less than:
Bodily Injury & Property
Damage Liability
$500,000 each accident
$500,000 each accident
The Provider will submit to CCC a certificate of insurance which describes the insurance maintained by
the Provider. The certificate will state that the insurance company will not cancel the insurance except
on 15 day's prior written notice to CCC.
Item # 12
CCGOST Agreement FY 09-10 Page 6 of 16
Attachment number 1
Page 7 of 16
24. Indemnification
The Provider will indemnify and hold harmless the CCC/JWB, its agents, and employees from and
against any and all liabilities, claims, judgments, or actions including court costs and attorney's fees that
may hereafter at any time be made or brought by anyone on account of any personal injury, property
damage, loss of monies, civil rights violation, or discrimination allegedly caused or occurring in whole or
part by any breach of contract; negligent, wrongful or intentional act or omission; or used on any acts of
fraud or defalcation of the Provider, its agents, employees, or subcontractors, during performance under
this Agreement. In no event will the Provider be liable for or have any obligation to defend CCC/JWB
against such liability, claims, judgments, or actions, including costs and attorney's fees, arising out of the
sole negligent acts of CCC/JWB. (Any required information/clause(s) in addition to this section as stated
above will be noted in Attachment 3 Special Conditions as applicable)
25. Attendance
A. Provider is required to maintain daily participant attendance records in accordance with CCC/JWB
established attendance policies/guidelines and enter participant attendance into SAMIS regularly and
before the 3 d of the following month. Provider will retain daily attendance records as supporting
documentation/back-up in accordance with record retention policy.
Starting October 1, 2009, all Providers will be required to use a new attendance recording system
that will employ biometric technology linking to the JWB SAMIS module to help create a "point of
presence" attendance record for all CCC funded OST program participants.
B. Provider is responsible for maintaining a sign-in/sign-out sheet on all participants attending their OST
program. Provider will maintain these records on site as supporting documents for attendance and
will have them available to review upon request. Provider will retain sign-in/sign-out records in
accordance with record retention policy.
C. Provider is required to have an attendance policy for their OST program in accordance with the CCC
OST Attendance Guideline and provide parents/guardians with a written copy of said policy.
26. Eligibility
A. Provider Understands Payment will be made only for those services specified in this Agreement as
authorized by CCC for participants who have been properly certified as eligible and authorized in
advance for CCC reimbursement. No payment can be made for those participants who have been
determined ineligible or for any unfilled/vacant OST allocated scholarship slot. The Provider agrees to
serve as a conduit for information between the participant(s) family and CCC when it is deemed in
the best interest of the participant(s)/family.
B. Provider is responsible for complying with policies, procedures and guidelines as established by
CCC/JWB related to OST eligibility determination, redetermination of scholarship, reinstatement,
enrollment, attendance and for timely notification of any changes to the above, to all applicable
parties, as appropriate and in accordance to established guidelines.
27. Geographical Service Area
A. To provide quality Out of School Time Program services in Pinellas County, Florida for participants
who meet the eligibility and enrollment requirements of CCC/JWB whose parents/guardians have
chosen their facility.
B. Provider agrees whenever possible to maintain service sites which are accessible by public
transportation and convenient to the target participant zone in accordance with funder
requirements and geographical services identified in the Providers current approved methodology.
C. Provider will advise CCC of any requested changes made in service sites. The Provider agrees
that any site(s) change(s) will be submitted in advance to CCC for review and must be approved at
least ten (10) days in advance by CCC. Changes must be in accordance with Funder identified
participant zones and program methodology.
Item # 12
CCGOST Agreement FY 09-10 Page 7 Of 16
Attachment number 1
Page 8 of 16
ATTACHMENT 2
City of Clearwater
Charting the Course for Youth-OST
MEASURABLE OBJECTIVES & SERVICE LEVELS
FY 09-10
(October 1, 2009 to September 30, 2010)
Participant Level Measurable Objectives (CDG)
All Primary Participants will be measured through the Measurable Objective reporting module in SAMIS within the
contract period. Measured is defined as each participant having all the appropriate administration points required
during the fiscal year based on the language of each Measurable Objective.
Service Component: General Youth Services (163)
Objective ID Objective Description Target Level %
2758 Increased Resiliency - Internal Strengths 70 %
Seventy percent (70%) of primary youth (ages 9 and over) will show significant
improvement in developing internal assets. Significant improvement is defined
as an increase of at least 7 points on the internal resiliency assets component
of the Healthy Kids Resilience Assessment (HKRA). For youth entering the
program at age 9 or older, they should be attached to the Service Component
and the HKRA will be administered within two (2) weeks of program entry and
each year on the anniversary date of program intake or at episode closure. For
youth who turn age 9 during the program year, they should be attached to the
Service Component and the HKRA should be administered within two (2)
weeks of their next anniversary date of intake and each year on their
anniversary date or at episode closure. Staff will enter data into SAMIS within
two (2) weeks of data collection. (CDG Summary)
2759 Increased Resiliency - External Support 70 %
Seventy percent (70%) of primary youth (ages 9 and over) will show significant
improvement in developing external assets. Significant improvement is defined
as an increase of at least 11 points on the external resiliency assets component
of the Healthy Kids Resilience Assessment (HKRA). For youth entering the
program at age 9 or older, they should be attached to the Service Component
and the HKRA will be administered within two (2) weeks of program entry and
each year on the anniversary date of program intake or at episode closure. For
youth who turn age 9 during the program year, they should be attached to the
Service Component and the HKRA should be administered within two (2)
weeks of their next anniversary date of intake and each year on their
anniversary date or at episode closure. Staff will enter data into SAMIS within
two (2) weeks of data collection. (CDG Summary)
Service Component: Summer Program (609)
Objective ID Objective Description Target Level %
2965 Increased Resiliency - Internal Strengths 70 %
Seventy percent (70%) of primary youth (ages 9 and over at the start of the
summer program) who did not attend the year-round program (participants are
summer only) will show significant improvement in developing internal resiliency
assets. Significant improvement is defined as an increase of at least 4 points
on the internal assets component of the Healthy Kids Resilience Assessment
(HKRA). The HKRA will be administered during the first week of summer camp
and during the last week of summer camp. Staff will enter data into SAMIS
within two (2) weeks of data collection. (CDG Summary)
2966 Increased Resiliency - External Support 70 %
Item # 12
CCGOST Agreement FY 09-10 Page 8 of 16
Attachment number 1
Page 9 of 16
Seventy percent (70%) of primary youth (ages 9 and over at the start of the
summer program) who did not attend the year-round program (participants are
summer only) will show significant improvement in developing external
resiliency assets. Significant improvement is defined as an increase of at least
4 points on the external assets component of the Healthy Kids Resilience
Assessment (HKRA). The HKRA will be administered during the first week of
summer camp and during the last week of summer camp. Staff will enter data
into SAMIS within two (2) weeks of data collection. (CDG Summary)
Manual Measurable Objectives
Objective ID Objective Description
MMO-669 Eighty percent (80%) of primary scholarship youth will attend the program a minimum of eighty
percent (80%) of the time the program is available. Program staff are required to take attendance
with in the first hour of scheduled program. All attendance must be entered into SAMIS. (This is an
annual objective).
Contracted Service Levels
Failure to meet one or more of the Contracted Service Levels identified below may result in a reduction in the
funding allocation and service levels.
Participant Contracted Service Levels Case Data Gatherer (CDG)
Primary Participants
Contracted Primary Youth (Oct 1 - Sept 30, 2010): Baseline Data Collection
Total Contracted Primary Participants: Baseline Data Collection
There are no Secondary Participants or Group Contracted Service Levels required in this agreement.
CDG (Case Data Gatherer): The module in SAMIS where information for the case, participant, episode, and the
measurable objective is entered and viewed.
Item # 12
CCGOST Agreement FY 09-10 Page 9 of 16
Attachment number 1
Page 10 of 16
ATTACHMENT 3
SPECIAL CONDITIONS
1. General Condition #3 (Audit and Management Letter) is waived.
2. General Condition #6 (Board Members and Meetings) is waived.
3. General Condition #23 (Insurance) is waived.
4. Nothing herein shall be construed as a consent by the City of Clearwater, Florida 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. (Reference General Condition, paragraph 24).
5. Provider is required to collect Pinellas County School Board student ID numbers for all program participants
and enter in SAMIS.
6. Provider will enter and maintain applicant data in the SAMIS Waiting List Module (or other data system as
approved by JWB).
Item # 12
CCC-oST Agreement FY 09-10 Page 10 of 16
Attachment number 1
Page 11 of 16
ATTACHMENT 4
BUDGET(S)
The provider will deliver services according to the budget(s) as listed in Form 1 through Form 2 on the following
page(s).
Budgets are to be submitted by the provider in accordance with CCC policies and procedures.
Provider may make budget amendments during the fiscal year in accordance with CCC forms and procedures as
delineated in the budget amendment approval procedures. Copies of these procedures are available from CCC
upon request.
NOTE: Reimbursement is attendance based and must be in accordance with established attendance
guidelines. Reimbursement may not exceed the maximum program allowable earned per qualified OST
allocated scholarship slot for the payment period being requested,
Item # 12
CCC-oST Agreement FY 09-10 Page 11 of 16
Attachment number 1
Page 12 of 16
ATTACHMENT 4 (continued)
FORM 1
ACCT# TITLE FY08-09 FY09-10 FY08-09 FY09-10
PROG. PROG. % JWB JWB % Narrative
BUDG. BUDG. CHG. ALLOC. ALLOC. CHG. JWB Allocation
Salary Accounts:
569.120 Regular Salaries and Wages $ 130,070 $ 152,711 $ 41,128 $
Total Salary: $ 130,070 $ 152,711 $ 41,128 $
Fringe Accounts:
569.210 FICA $ 4,034 $ 3,293 $ 596 $
569.220 Retirement Contributions $ 12,102 $ 25,337 $ 7,723 $
569.230 Life and Health Insurance $ 17,994 $ 22,614 $ 8,598 $
569.240 Workers Compensation $ 4,394 $ 3,127 $ 870 $
569.250 Unemployment Compensation $ - $ - $ - $
Total Fringe: $ 38,524 $ 54,371 $ 17,787 $
$ 168,594 $ 207,082 $ 58,915
Operating Expense Accounts:
9.310
ofessional Services
0,500
8,000
-
$
- 09-10 Afterschool:
Sports Leagues;
$35/hr x 4 hrs x 2 centers x 5 wks/season x 7
sessions (6 Wks each) = $9800.
Fitness: $25/hr x 42 wk x 2 centers x 2 hrs/wk =
$4200. Total = $14,000.
FY 09-10 Summer:
Fitness/Nutrition Instruction; 5 groups x $25/hr x 4
hr/wk x 8 wk = $4,000.
Line item total = $18,000.
569.311 Professional Services/Workshops $ - $ - $ $
569.320 Accounting and Auditing $ $ $ $
569.321 Bank Services $ $ $ $
569.330 Court/Legal Services $ $ $ $
569.340 Other Contractual Services $ $ $ $
569.350 Investigations $ $ $ $
569.400 Travel and Per Diem $ $ $ $
569.401 Conference $ $ $ $
9.402
ansportation
2,515
6,500
$
$ FALL:
Van/bus rental @ $150 x 2 sites x 27 trips =
$8100.
Subtotal =.$8100.
SUMMER
Ross Norton:
8 buses at average $350 each = $2800.
North Greenwood: 16 buses @ $350 each =
$5600.
Subtotal = $8400.
Line Item Total = $16,500
569.410 Communications-Telephone $ - $ - $ $
569.411 Communications-Long Distance $ $ $ $
569.412 Communications-Postage and Shipping $ $ $ $
569.413 Communication-Internet $ $ $ $
569.430 Utility Services $ $ $ $
569.431 Water/Sewer/Sanitation $ $ $ $
569.440 Rentals & Leases (Building & Land) $ $ $ $
569.441 Rentals & Leases - Equipment $ $ $ $
569.450 Insurance $ $ $ $
569.460 Repair & Maintenance Services - Equip $ $ $ $
569.461 Repair & Maintenance Services - Prope $ $ $ $
569.462 Repair & Maintenance Services - Grou $ $ $ $
569.463 Vehicle Repair and Maintenance Servic $ $ $ $
569.470 Printing & Binding $ $ $ $
569.471 Copying & Binding $ $ $ $
569.480 Promotional Activities $ $ $ $
569.481 Advertising $ $ $ $
569.493 Match $ $ $ $
569.494 Administrative Cost $ $ $ $
569.495 Residential Per Diem $ $ $ $
569.496 Day Program Per Diem-OST $ $ $ 144,888 $ 200,738
569.497 Day Program Subsidy $ $ $ - $ -
Item # 12
Page 12 of 16
Attachment number 1
Page 13 of 16
ACCT# TITLE FY08-09 FY09-10 FY08-09 FY09-10
PROG. PROG. % JWB JWB % Narrative
BUDG. BUDG. CHG. ALLOC. ALLOC. CHG. JWB Allocation
569.498 Day Program Hourly Unit Cost $ - $ $ - $
150 Notebooks/dividers x $2 = $300.
Pencils/Pens/Paper/3x5 cards and holders =
$200.
20 x $25 Color Printer Cartridges = $500. Line
569.510 Office Supplies $ 959 $ 1,000 $ 250 $ Item Total = $1,000.
FY 09-10 Afterschool:
1 trip/month x 9 months x $12each x 58 kids =
$6,264.
FY 09-10 Summer: (100 Participants)
Busch Gardens @ $70 = $7000.
Extreme Fun Center @ $12 = $1200.
Astro Skate @ $11 = $1100.
Islands of Adventure @ $60 = $6000.
Wet n Wild @ $40 = $4000.
Games/Works/Vertical Ventures @ $12 = $1200.
Archery @ $12 = $1200.
Florida Aquarium @ $20 = $2000.
Adventure Island @ $40 = $4000.
Subtotal = $27,700.
569.515 Participant Expenses $ 43,955 $ 33,964 $ 9,920 $ Line Item Total = $33,964.
FY 09-10 Afterschool:
Educational Supplies 2 Sites x $2500 =$5000.
Fitness Equipment 2 sites x $1500 = $3000.
Sports Equipment @ 2 sites x $2000 = $4000.
Games @ 2 sites x $1000 = $2000. Subtotal =
$14,000. FY
09-10 Summer: 200 T-
shirst 2 $8 = $1600. 20 Board
Games @$20 = $400. 6 Card
Tables @ $100 = $600. Sports
Equipment = $2000. Awards =
$500. Movies @ 20 x
$16 = $320. Swim Gear =
$1000. Photo Paper & supplies = $600. Sub Total
= $7,020. Line Item total = $21,020.
569.520 Operating Supplies $ 10,000 $ 21,020 $ 2,000 $
FY 09-10 Afterschool:
Snacks @ $100 wk/site x 2 x 42 wks = $8400.
FY 09-10 Summer:
200 Hotdogs/8 boxes of 50 x $50 = $400.
50 Pizza's @ $10 = $500.
Ice Cream Sundae Makings = $500.
Chips/Potato Salad/Baked Beans = $200.
Chicken Wings for 1,000 = $300.
Snacks @ $200/wk x 10 wks = $2000.
Parent Banquets/100 kids/2 Guests = $3000.
Subtotal = $6900.
569.521 Food & Nutrition $ 13,206 $ 15,300 $ 4,006 $ Line Item Total = $15,300.
569.540 Subscriptions $ 720 $ - $ 720 $
569.541 Books $ - $ $ - $
569.542 Dues & Memberships $ $ $ $
569.543 Educational Materials $ $ $ $
569.544 Educational Training $ $ $ $
569.590 Depreciation $ $ $ $
569.600 Other/Miscellaneous $ $ $ $
569.640 Machinery & Equipment (Capital Outlay $ $ $ $
569.660 Books, Publications, and Library Materi $ $ $ $
Total Operating Expense: $ 121,855 $ 105,784 $ 161,784 $ 200,738
Total Program Expenses: $ 290,449 $ 312,866 $ 220,699 $ 200,738
CCC-OST Agreement FY09-10
Item # 12
Page 13 of 16
Attachment number 1
Page 14 of 16
ATTACHMENT 4 (continued)
FORM 2
Salary & Fringe
% Time Gross Salary In Fringe In JWB Request JWB Request Salary
Hrs/Wk Salary Program Program For Salary For Fringe Funding %
Position Title Staff Name # Wks FY09-10 FY09-10 FY09-10 FY09-10 FY09-10
1 Recreation Programmer Richard Auskalnis 100 28741 28741 12768 28741 12768
2 Recreation Programmer Freda Dixon 100 30352 30352 13100 30352 13100
3 Recreation Supervisor II barbara Moon 20 48681 9736 3429 0 0
4 Recreation Supervisor II Karen Sowada 20 49800 9960 3477 0 0
5 Recreation Coordinator Kathleen LaTerza 20 64729 12946 4123 0 0
6 Recreation Programmer II John Llau et 50 44144 22072 8381 0 0
7 Recreation Programmer II vacant 50 31389 15694 7318 0 0
8 Seasonal Rec Leader Vacant 100 4642 4642 355 4642 355
9 Seasonal Rec Leader Vacant 100 4642 4642 355 4642 355
10 Seasonal Rec Leader Vacant 100 4642 4642 355 0 0
11 Seasonal Rec Leader Vacant 100 4642 4642 355 0 0
12 Seasonal Rec Leader Vacant 100 4642 4642 355 0 0
131 1
14 321046 152711 54371 68377 26578
15
16
17
18
19
20
CCC-OST Agreement FY09-10
Item # 12
Page 14 of 16
Attachment number 1
Page 15 of 16
ATTACHMENT 4 (continued)
FORM 3
Sources of Revenue
FY08-09 FY09-10 Percent
Funder Type/Funder Budget Budget Increase/ Narrative
1 Fundraising 0
2 Government - Local (City/County) 68,355 110,628
3 Grants/Foundations 0
4 In-Kind
5 Program Revenue 4,200 1,500
Grand Total 72,555 112,128
FY 08-09 Totals
Total Program Revenue 312,866
Total Program Budget 312,866
Difference 0
Total CSC Allocation 200,738
Total CSC Budget 200,738
Difference 0
CCC-OST Agreement FY09-10
Item # 12
Page 15 of 16
Attachment number 1
Page 16 of 16
ATTACHMENT5
REIMBURSEMENT SCHEDULE
FY08-09
Attendance records are to be completed/entered by the 3 d of each month in accordance with Attachment 1 Section 25.
If attendance records are approved by the 10th, payment will be processed and mailed on Thursday, as shown below:
Records Approved Checks/EFT Remittance Mailed
October 9, 2009 October 15, 2009
November 10, 2009 November 19, 2009
December 10, 2009 December 17, 2009
January 11, 2010 January 14, 2010
February 10, 2010 February 18, 2010
March 10, 2010 March 18, 2010
April 9, 2010 April 15, 2010
May 10, 2010 May 13, 2010
June 10, 2010 June 17, 2010
July 9, 2010 July 15, 2010
August 10, 2010 August 19, 2010
September 10, 2010 September 16, 2010
October 11, 2010 October 14, 2010
CCC encourages Electronic Fund Transfer (EFT) payments which will transfer your payment so that your bank should
receive the payment on Friday immediately following the date of mailing indicated above.
NOTE: If your attendance record is completed/entered prior to or after the 10th of the month CCC will make every
attempt to process the payment within 10 days subject to JWB approval.
Item # 12
CCC-oST Agreement FY 09-10 Page 16 of 16
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Meeting Date: 10/ 1/2009
Accept a Department of Justice, Bureau of Justice Assistance (DOJBJA) continuation grant in the amount of $50,000 for a one-
year period to fund the Clearwater Area Task Force on Human Trafficking and authorize the appropriate officials to execute same.
(consent)
SUMMARY:
The police department was invited by the U.S. Department of Justice to apply for a Law Enforcement Task Forces and Services for
Human Trafficking Victims Grant from the U.S. Department of Justice. On August 5, 2009, the Resource Management Committee
approved the submission of the Police Department's grant application for same.
On August 31, 2009, the Clearwater Police Department (CPD) received notification that it had been awarded DOJBJA funds in
the amount of $50,000 for the continued operation of its very successful Clearwater Area Task Force on Human Trafficking
(CATFHT). The grant is being considered a "continuation" grant by BJA, making the start date of September 1, 2006 -- the same
as the original grant - and the end date September 30, 2010 (or beyond, if necessary).
Clearwater's task force has been a successful one, resulting in 10 HT victims receiving services; 42 arrests; and 19
convictions. Clearwater's task force has been designated by the Department of Justice as a national training site for other task
forces.
The continuation grant will be used to continue paying the salary of the grant-funded Human Trafficking detective
position. Unfortunately, $50,000 is not sufficient to cover the salary and benefits for a full year. The continuation grant funding
will cover $36,000 in salary and $10,800 in benefits for an additional 8-9 months, rather than one year.
The Police Department's original Human Trafficking Grant has been given an extension of time and a budget modification has
been approved by BJA to enable us to cover salary and benefits for the HT investigator through the original grant up to
approximately May 2010. At that time, we will begin using the continuation grant funds to cover the cost of the position,
potentially through January or February 2011. There is no retention requirement for this position when grant funding expires.
The continuation grant also requires that $3,200 be budgeted for four persons to travel to a conference in Arlington, VA in 2010.
7. Special Project 181-99267 has been established to account for the grant expenditures.
8. There is a 25% in-kind match required for this grant; CPD is providing the in-kind match with the $16,667 in salary for the
sergeant/supervisor of the Intelligence Unit and the Human Trafficking Detective.
Type: Other
Current Year Budget?: None Budget Adjustment:
Budget Adjustment Comments:
Current Year Cost: $50,000 Annual Operating Cost:
Not to Exceed: Total Cost:
For Fiscal Year: 2009 to 2010
Appropriation Code Amount Appropriation Comment
181-99267 $50,000 Grant Funding
None
Cover Memo
010-1127 $16,667 In-Kind Expense
Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) Clerk 6) City Manager 7) Clerk
Cover Memo
Item # 13
Department of Justice
Office of Justice Programs
PAGE 1 OF 4
Bureau of Justice Assistance Grant
1. RECIPIENT NAME AND ADDRESS (Including Zip Code) 4. AWARD NUMBER: 2006-VT-BX-0007
City of Clearwater
644 Pierce Street P.O. Box 4748 5. PROJECT PERIOD: FROM 09/01/2006 TO 09/30/2010
Clearwater, FL 337584748
BUDGET PERIOD: FROM 09/01/2006 TO 09/30/2010
6. AWARD DATE 08/28/2009 7. ACTION
IA. GRANTEE IRSNENDOR NO. 8. SUPPLEMENT NUMBER Supplemental
596000289 01
9. PREVIOUS AWARD AMOUNT $ 450,000
3. PROJECT TITLE 10. AMOUNT OF THIS AWARD $ 50,000
Human Trafficking Task Force Continuation 2009
11. TOTAL AWARD $ 500,000
12. SPECIAL CONDITIONS
THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH
ON THE ATTACHED PAGE(S).
13. STATUTORY AUTHORITY FOR GRANT
This project is supported under FY09(BJA - Trafficking) 22.USC 7105(b)(2); Pub. L. 111-8
15. METHOD OF PAYMENT
PAPRS
AGENCY APPROVAL GRANTEE ACCEPTANCE
16. TYPED NAME AND TITLE OF APPROVING OFFICIAL 18. TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL
Laurie Robinson William Home
City Manager
Acting Assistant Attorney General
17. SIGNATURE OF APPROVING OFFICIAL ATURE F AUTHORIZED RECIPIENT OFFICIAL
.Sl 19A. DATE
e
I
A
A
-
• A
i•
AGENCYUSE ONLY
20. ACCOUNTING CLASSIFICATION CODES 21. FVTUGT3682
FISCAL FUND BUD. DN.
YEAR CODE ACT. OFC. REG. SUB. POMS AMOUNT
X B VT 80 00 00 50000
OJP FORM 4000/2 (REV. 5-87) PREVIOUS EDITIONS ARE OBSOLETE.
OJP FORM 4000/2 (REV. 4-88)
Attachment number 1
Page 1 of 4
Item # 13
Department of Justice
Office of Justice Programs AWARD CONTINUATION
Bureau of Justice Assistance SHEET PAGE 2 OF 4
Grant
PROJECT NUMBER 2006-VT-BX-0007 AWARD DATE 08/28/2009
SPECIAL CONDITIONS
1. The recipient agrees to comply with the financial and administrative requirements set forth in the current edition of the
Office of Justice Programs (OJP) Financial Guide.
2. The recipient acknowledges that failure to submit an acceptable Equal Employment Opportunity Plan (if recipient is
required to submit one pursuant to 28 C.F.R. Section 42.302), that is approved by the Office for Civil Rights, is a
violation of its Certified Assurances and may result in suspension or termination of funding, until such time as the
recipient is in compliance.
3. The recipient agrees to comply with the organizational audit requirements of OMB Circular A-133, Audits of States,
Local Governments, and Non-Profit Organizations, and further understands and agrees that funds may be withheld, or
other related requirements may be imposed, if outstanding audit issues (if any) from OMB Circular A-133 audits (and
any other audits of OJP grant funds) are not satisfactorily and promptly addressed, as further described in the current
edition of the OJP Financial Guide, Chapter 19.
4. Recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of the
enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government, without the
express prior written approval of OJP.
5. The recipient must promptly refer to the DOJ OIG any credible evidence that a principal, employee, agent, contractor,
subgrantee, subcontractor, or other person has either 1) submitted a false claim for grant funds under the False Claims
Act; or 2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or
similar misconduct involving grant funds. This condition also applies to any subrecipients. Potential fraud, waste,
abuse, or misconduct should be reported to the OIG by -
mail:
Office of the Inspector General
U.S. Department of Justice
Investigations Division
950 Pennsylvania Avenue, N.W.
Room 4706
Washington, DC 20530
e-mail: oig.hotline@usdoj.gov
hotline: (contact information in English and Spanish): (800) 869-4499
or hotline fax: (202) 616-9881
Additional information is available from the DOJ OIG website at www.usdoj.gov/oig.
6. Recipient certifies that it does not promote, support, or advocate the legalization or practice of prostitution, nor will it
use grant funds or program match funds to promote, support, or advocate the legalization or practice of prostitution.
Attachment number 1
Page 2 of 4
OJP FORM 4000/2 (REV. 4-88)
w?
Item # 13
Attachment number 1
Page 3 of 4
Department of Justice
Office of Justice Programs AWARD CONTINUATION
Bureau of Justice Assistance SHEET PAGE 3 OF 4
Grant
PROJECT NUMBER 2006-VT-BX-0007 AWARD DATE 08/28/2009
SPECIAL CONDITIONS
7. "Applicants must certify that Limited English Proficiency persons have meaningful access to the services under this
program(s). National origin discrimination includes discrimination on the basis of limited English proficiency (LEP).
To ensure compliance with Title VI and the Safe Streets Act, recipients are required to take reasonable steps to ensure
that LEP persons have meaningful access to their programs. Meaningful access may entail providing language
assistance services, including oral and written translation when necessary. The U.S. Department of Justice has issued
guidance for grantees to help them comply with Title VI requirements. The guidance document can be accessed on the
Internet at www.lep.gov."
8. The recipient agrees to track and report to BJA on its training and technical assistance activities and deliverables
progress using the guidance and format provided by BJA.
9. The recipient agrees to cooperate with any assessments, national evaluation efforts, or information or data collection
requests, including, but not limited to, the provision of any information required for the assessment or evaluation of any
activities within this project.
10. All contracts under this award should be competitively awarded unless circumstances preclude competition. When a
contract amount exceeds $100,000 and there has been no competition for the award, the recipient must comply with
rules governing sole source procurement found in the current edition of the OJP Financial Guide.
11. Approval of this award does not indicate approval of any consultant rate in excess of $450 per day. A detailed
justification must be submitted to and approved by the Office of Justice Programs (OJP) program office prior to
obligation or expenditure of such funds.
12. The recipient agrees to submit quarterly financial status reports to OJP. At present, these reports are to be submitted
on-line (at https://grants.ojp.usdoj.gov) using Standard Form SF 269A, not later than 45 days after the end of each
calendar quarter. The recipient understands that after October 15, 2009, OJP will discontinue its use of the SF 269A,
and will require award recipients to submit quarterly financial status reports within 30 days after the end of each
calendar quarter, using the government-wide Standard Form 425 Federal Financial Report form (available for viewing
at www.whitehouse.gov/omb/grants/standard forms/ffr.pdf). Beginning with the report for the fourth calendar quarter
of 2009 (and continuing thereafter), the recipient agrees that it will submit quarterly financial status reports to OJP on-
line (at https:Hgrants.ojp.usdoj.gov) using the SF 425 Federal Financial Report form, not later than 30 days after the end
of each calendar quarter. The final report shall be submitted not later than 90 days following the end of the grant
period.
13. The recipient shall submit semiannual progress reports. Progress reports shall be submitted within 30 days after the end
of the reporting periods, which are June 30 and December 31, for the life of the award. These reports will be submitted
to the Office of Justice Programs, on line-through the Internet at https://grants.ojp.usdoj.gov/.
14. The recipient agrees to submit a final report at the end of this award documenting all relevant project activities during
the entire period of support under this award. This report will include detailed information about the project(s) funded,
including, but not limited to, information about how the funds were actually used for each purpose area, data to support
statements of progress, and data concerning individual results and outcomes of funded projects reflecting project
successes and impacts. The final report is due no later than 90 days following the close of this award period or the
expiration of any extension periods. This report will be submitted to the Office of Justice Programs, on line-through
the Internet at https://grants.ojp.usdoj.gov/.
15. The recipient may not obligate, expend or draw down funds until the Office of the Chief Financial Officer (OCFO) has
approved the budget and budget narrative and a Grant Adjustment Notice (GAN) has been issued to remove this special
condition.
OJP FORM 4000/2 (REV. 4-88)
Wei*,
Item # 13
Attachment number 1
Countersigned: CITY OF CLEARWATER, FLORIDA Page 4 of 4
Frank V. Hibbard
Mayor
Approved as to form:
2Q,.&Mk
Robert J. , rette
Assistant City Attorney
By:
William B. Horne II
City Manager
Attest:
Cynthia E. Goudeau
City Clerk
Item # 13
?- Meeting Date: 10/ 1/2009
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Approve a lease agreement between Pinellas Core Management Services, Inc. and the City of Clearwater for the Hispanic
Outreach Center on premises located at 612 Franklin Street, Clearwater, Florida, for a period of three years commencing on
November 1, 2009, and terminating on October 31, 2012, at a rental of $1.00 per year and authorize the appropriate officials to
execute same. (consent)
SUMMARY:
On November 1, 2001, the City Council approved a lease agreement between the YWCA of Tampa Bay and the City of
Clearwater for the premises located at 612 Franklin Street in Clearwater for a period of five years commencing on November 1,
2001 and terminating on October 31, 2006, at a rental of $1.00 per year. The premises were to be utilized to create and operate a
central "one-stop" facility that houses many relevant services needed by Clearwater's Hispanic community.
On November 1, 2006, the City Council approved a new three-year lease agreement for said premises between the YWCA and the
City of Clearwater, commencing on November 1, 2006 and terminating on October 31, 2009.
On October 1, 2008, the City Council approved an Assignment and Assumption of Lease Agreement that allowed Pinellas Core
Management Services, Inc. (PCMS) to assume all of the YWCA's rights, title, interest and obligations for the above-referenced
lease.
The Hispanic Outreach Center (HOC) and the attendant community programs are the result of a very successful partnership
between PCMS and the Clearwater Police Department. It is a partnership that has produced much public acclaim and numerous
awards.
PCMS and the Police Department wish to continue this partnership and renew the lease for the premises housing the HOC for an
additional 3 years in order that the Hispanic community can continue to receive the much-needed services provided there.
A current listing of the primary services/programs currently offered at the HOC includes:
Office space for the Lessor's Police Department Hispanic Outreach Officer. This police officer serves as the Clearwater Police
Department's primary liaison with the Hispanic community and is responsible for organizing and implementing the Police
Department's Hispanic Outreach Program.
Interpreter and victim advocacy services provided by the Lessee. The program is currently funded by Justice Assistance Grant
funds. The Lessee will be responsible for continued funding of this program for the three-year period of its agreement with the
Lessor.
Other advocacy or intervention services. These services will respond to the needs of the Hispanic community and may include
health matters, legal issues, and other concerns identified by the Hispanic community, the YWCA, or the Clearwater Police
Department.
ESOL and Spanish language classes coordinated by the Lessee. The Lessee will coordinate the provision of English For
Speakers of Other Languages (ESOL) classes at the Hispanic Outreach Center. The Lessee may also make available Spanish
language classes to provide Lessor's employees the opportunity to learn to speak Spanish.
Multi purpose training room. To be jointly used by the Lessee and Lessor.
Cover Memo
Youth services. Lessee will administer various Youth Programs targeted toward at-risk youth from Hispanic and other ethnic or
language groups. These programs will focus on risk reduction and the development of individual and leadership s4&"4 in
adulthood.
PCMS will be responsible for all maintenance of the inside of the premises and for all utility costs. The City will be responsible for
all maintenance of the exterior of the premises, including the building and grounds. Either party may terminate the agreement on
thirty days written notice if any single item of maintenance or repair exceeds $10,000.
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) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk
Cover Memo
Item # 14
Attachment number 1
Page 1 of 9
LEASE AGREEMENT
THIS LEASE AGREEMENT is made and entered into this day of , 2009, by and
between the CITY OF CLEARWATER, a Florida Municipality, herein called the "Lessor," and the PINELLAS
CORE MANAGEMENT SERVICES INC (PCMS), a Florida Corporation non-profit, herein called the "Lessee."
This agreement represents the whole and entire agreement between Lessor and Lessee and the following
articles and sections are herein incorporated:
ARTICLES
Article L TITLE
Article IL TERM
Article III. LEASEHOLD
Article IV. RIGHTS AND RESPONSIBILITIES
Section 1. Use of Premises
Section 2. Designated Parking Area
Section 3. Annual Report Required
Section 4. Maintenance of Premises
Section 5. Repair and Improvements
Section 6. Utilities
Section 7. Quiet Enjoyment
Article V. LEASE RENTAL FEES AND PAYMENTS
Article VI. TAXES
Article VII. INSURANCE
Section 1. Minimum Scope of Insurance
Section 2. Minimum Limits of Insurance
Section 3. Additional Named Insured
Section 4. Verification of Coverage
Article VIII. CASUALTY DAMAGE TO PREMISES
Section 1. Reparable Damage
Section 2. Catastrophic Damage
Section 3. Waiver of Recovery Rights
Article IX. LIABILITY AND INDEMNIFICATION
Article X. AMERICANS WITH DISABILITIES ACT
Article XI. NON-DISCRIMINATION
Section 1. No Exclusion From Use
Section 2. No Exclusion From Hire
Section 3. Observation of Various Laws
Section 4. Breach of Nondiscrimination Covenants
Article XIL DISCLAIMER OF WARRANTIES
Article XIII. ASSIGNMENT OF LEASE
Article XIV. DEFAULT AND TERMINATION
Article XV. NOTICE
Article XVI. EFFECTIVE DATE
Item # 14
Attachment number 1
Page 2 of 9
WITNESSETH :
WHEREAS, the Lessor has ownership of and control over the use of the City-owned structures and
premises now known as 612 Franklin Street, Clearwater, Florida 33756; and
WHEREAS, Lessee desires to use such premises for public purposes; and
WHEREAS, Lessor desires to lease out such premises;
NOW, THEREFORE, in consideration of the Premises and the mutual covenants contained in this
Agreement, the Lessor and Lessee hereby agree as follows:
ARTICLE I. TITLE
The title of this lease is the PCMS/InterCultural Advocacy Institute (ICAI) lease.
ARTICLE IL TERM
The term of this lease shall be for a period of three (3) years commencing on the first day of November,
2009 and continuing through the 31st day of October, 2012 (the Termination Date), unless earlier
terminated under the terms of this agreement.
ARTICLE III. LEASEHOLD
The Lessor leases to the Lessee the following described property, including all improvements thereon,
located in Pinellas County, Florida, to wit:
A parcel of land being the West 24.7 feet of Lot 13, all of Lot 14 and the East 8 feet
of Lot 15, Block 7, MAGNOLIA PARK SUBDIVISION, according to the plat
thereof, recorded in Plat Book 3, Page 43, Public Records of Pinellas County,
Florida;
AND
The East 25.3 feet of Lot 13 and the West 10 feet of Lot 12, all in Block 7,
MAGNOLIA PARK SUBDIVISION, according to the plat thereof as recorded in
Plat Book 3, Page 43, Public Records of Pinellas County, Florida, (ALSO KNOWN
AS 612 Franklin Street, Clearwater, Florida.)
ARTICLE IV. RIGHTS AND RESPONSIBILITIES
Section 1. Use of Premises.
a) Lessee shall use the demised premises for implementation of a Hispanic Community Services Center, to be
known as "Centro Apoyo Hispano" (Hispanic Outreach Center).
Page 2 of 9 Item # 14
Attachment number 1
Page 3 of 9
b) The Lessee is authorized and agrees to make the leased premises available for the following listed
activities:
Office space for the Lessor's Police Department Hispanic Outreach Officer. This police officer serves
as the Clearwater Police Department's primary liaison with the Hispanic community and is responsible for
organizing and implementing the Police Department's Hispanic Outreach Program.
Interpreter and victim advocacy services provided by the Lessee. The program is currently funded by
Justice Assistance Grant funds. The Lessee will be responsible for continued funding of this program for
the three-year period of its agreement with the Lessor.
Other advocacy or intervention services. These services will respond to the needs of the Hispanic
community and may include health matters, legal issues, and other concerns identified by the Hispanic
community, the ICAI or the Clearwater Police Department.
ESOL and Spanish language classes coordinated by the Lessee. The Lessee will coordinate the
provision of English For Speakers of Other Languages (ESOL) classes at the Hispanic Outreach Center.
The Lessee may also make available Spanish language classes to provide Lessor's employees the
opportunity to learn to speak Spanish.
Multi purpose training room. To be jointly used by the Lessee and Lessor and other parties as
coordinated by the Lessee.
Youth services. Lessee will administer various Youth Programs targeted toward at-risk youth from
Hispanic and other ethnic or language groups. These programs will focus on risk reduction and the
development of individual and leadership skills needed in adulthood.
c) The Lessee is further authorized to make a reasonable charge or charges to the approved group(s) using the
premises, said charges to be authorized by the City Manager or his designee and used to defray the cost of
maintaining the premises.
d) Lessee covenants and agrees to make no unlawful, improper or offensive use of the leased premises. At the
termination of this lease, Lessee agrees to return the premises to the Lessor in as good condition as at the
effective date of this agreement, subject only to normal wear and tear.
Section 2. Designated Parking Area.
Lessee understands and agrees that the primary parking area for its guests is the designated parking area
located on the east side of the structure located on the premises. The primary parking area for Lessee's staff is
the top level of the MSB Garage at 640 Pierce Street.
Section 3. Annual Report Required.
The Lessee agrees to submit an annual report to the City Manager, not later than January 31st of each
calendar year, summarizing the use and services rendered by the lessee while occupying the leased premises.
Page 3 of 9 Item # 14
Attachment number 1
Page 4 of 9
Section 4. Maintenance of Premises.
The Lessee shall properly maintain the leasehold in a clean and orderly condition. The Lessee shall be
responsible for maintenance of the interior of the structures, including HVAC systems, interior electrical and
plumbing systems, and playground located at the premises. The Lessor shall be responsible for maintenance of
the exterior of the building and grounds at the premises such as lawn mowing, landscaping, painting, lighting,
roof repairs, and other exterior maintenance caused by normal use and weather exposure. In the event that any
single item of maintenance or repair exceeds $10,000, the Lessee or Lessor may terminate this lease on thirty
days written notice to the other party to this lease.
Section 5. Repairs and Improvements.
a) Lessee may make whatever repairs, alterations and improvements to the premises it deems necessary,
providing that the Lessor first agrees in writing to any such actions to repair, alter or improve the premises.
If the property's physical condition falls into a state of disrepair in the opinion of the City Building Official,
the Lessor may terminate this Agreement upon fifteen (15) days written notice.
b) Repairs, alterations or improvements attached to the premises shall become the property of Lessor upon the
termination or expiration of this lease or any extension hereof unless otherwise indicated by Lessor.
Section 6. Utilities.
Lessee shall pay all bills for electrical and utility services before such bills become delinquent.
Section 7. Quiet Enioyment.
Upon payment the rents herein required, and upon observing and performing the covenants, terms and
conditions required by the lease, the Lessee shall peaceably and quietly hold and enjoy the leased premises for
the term of the lease without hindrance or interruption by the Lessor.
ARTICLE V. LEASE RENTAL FEES AND PAYMENTS
For the sum of One Dollar ($1.00), which the receipt and sufficiency of is hereby acknowledged, and in
consideration of the promises and covenants set forth herein, Lessor hereby grants to Lessee and Lessee accepts
from Lessor, this nonexclusive lease, right and privilege to use the property described herein.
ARTICLE VI. TAXES
Lessee agrees to pay any real property taxes that may be assessed and levied on the property or on the
leasehold created by this document. Any taxes due for a portion of any year shall be prorated between the
parties.
ARTICLE VII. INSURANCE
Lessee shall procure and maintain during the term of this Agreement insurance against claims for injuries
Page 4 of 9 Item # 14
Attachment number 1
Page 5 of 9
to persons or damage to property which may arise from or in connection with this lease.
Section 1. Minimum Scope of Insurance.
A Commercial General Liability policy covering the leased premises and Lessee activities occurring
thereon shall be obtained and maintained in force by the Lessee.
Section 2. Minimum Limits of Insurance.
Commercial General Liability Insurance procured in accordance with this article shall have minimum
coverage limits of $1,000,000 Bodily Injury and property damage arising out of any one (1) occurrence.
Further, Lessor shall, from and after the Commencement Date, keep insured through self-insurance or
otherwise the building(s) upon the premises against loss or damage by fire and windstorm and other covered
casualties.
Worker's Compensation coverage shall be procured 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.
Section 3. Additional Named Insured.
Except for Workers' Compensation, each insurance policy issued as a requirement of this agreement shall
name the City of Clearwater, Lessor, as additional named insured. The coverage shall contain no special
limitations on the scope of the protection afforded to the Lessor, its officers, employees or volunteers.
Section 4. Verification of Coverage.
Lessee shall furnish the Lessor with Certificates of Insurance with all endorsements affecting coverage
required by this article. These forms shall be received and approved by the Lessor's Risk Manager upon
execution of this Lease agreement by both parties to this agreement.
ARTICLE VIII. CASUALTY DAMAGE TO PREMISES
Section 1. Reparable Damage.
Any time the building or premises is damaged or destroyed to the extent that the Lessee cannot therefore
conduct its activities and the Lessor determines that the demised premises can be restored by making
appropriate repairs, Lessee and Lessor shall negotiate a shared responsibility to effect such repairs
expeditiously and to the satisfaction of the City's Building Official. If a shared resolution is not successfully
negotiated within 30 days of the damage or destruction, this Agreement shall be subject to termination by the
Lessee.
Section 2. Catastrophic Damage.
In the event of total destruction of or catastrophic damage to the demised premises, the Lessee or Lessor
may terminate this lease as of the date of such damage or upon thirty (30) days written notice to the other party
Page 5 of 9 Item # 14
Attachment number 1
Page 6 of 9
to this lease.
Section 3. Waiver of Recovery Rights.
Both parties waive any and all rights of recovery against the other parry for any direct or indirect loss
occurring to the demised premises in the event of damage categorized in Sections 1 and 2 above which is
covered by insurance.
ARTICLE IX. LIABILITY AND INDEMNIFICATION
Lessee agrees to assume all risks of the Premises and all liability therefore, and shall defend, indemnify,
and hold harmless the Lessor, its officers, agents, and employees from and against any and all 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 arising from the negligence or willful
misconduct of Lessor or Lessor'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 Premises or Lessee's activities or those of
any approved or unapproved invitee, contractor, subcontractor, or other person approved, authorized, or
permitted by Lessee in or about the Premises whether or not based on negligence.
ARTICLE X. AMERICANS WITH DISABILITIES ACT
Lessee hereby affirms its intention to take any and all such actions that are reasonable and prudent to
comply with the Americans With Disabilities Act of 1990 (knows as the "ADA"). These would include
modifications to the structure, revisions in operations and supporting communications capabilities and
procedures and changes in functional location and layout.
ARTICLE XI. NON-DISCRIMINATION
Notwithstanding any other provision of this lease agreement, during the performance of this agreement,
Lessee for itself, personal representatives, successors in interest and assigns, as part of the consideration for this
agreement, does covenant and agree that:
Section 1. No Exclusion From Use.
No person shall be excluded from participation in, denied the benefits of, or otherwise be subjected to
discrimination in the use of the premises on the grounds of race, color, religion, sex, handicap, age, or national
origin.
Section 2. No Exclusion From Hire.
In the construction of any improvements on, over, or under the premises, and the furnishing of services
therein or thereon, no person shall be excluded from participation in, denied the benefits of, or otherwise be
subjected to discrimination on the grounds of, or otherwise be subjected to discrimination on the grounds of
race, color, religion, sex or national origin.
Section 3. Observance of Various Laws.
Page 6 of 9 Item # 14
Attachment number 1
Page 7 of 9
The Lessee shall observe the following laws: Section I of the 14th Amendment, The Equal Pay Act, The
Civil Rights Acts of 1866 and 1870, the Vietnam Era Veterans Readjustment Act, the standards of Merit
System Personnel Administration, Executive Order 12246 as amended, Revised Order 4, the Age
Discrimination Act of 1967, the Rehabilitation Act of 1975, Executive Order 11914 and the Americans With
Disabilities Act of 1990.
Section 4. Breach of Nondiscrimination Covenants.
In the event of breach of any of the above nondiscrimination covenants, which breach has been finally
adjudicated by an appropriate agency or court of law, the Lessor shall have the right to terminate this lease and
to re-enter and repossess the premises and hold the same as if said agreement had never been made or issued.
This provision does not become effective until the procedures of 49 Code of Federal Regulations ("CFR") Part
21 have been followed and completed, including expiration of appeal rights.
ARTICLE XIL DISCLAIMER OF WARRANTIES
This Agreement constitutes the entire Agreement of the parties on the subject hereof and may not be
changed, modified or discharged except by written Amendment duly executed by both parties. Lessee agrees
that no representations or warranties shall be binding upon the Lessor unless expressed in writing herein or in a
duly executed Amendment hereof. Further, Lessor does not warrant and hereby disclaims any and all liability
and responsibility for or on account of the condition of the Premises, or any portions thereof, or for or on
account of anything affecting such conditions.
ARTICLE XIII. ASSIGNMENT OF LEASE
This Lease, or any part thereof or interest therein, may not be assigned, transferred or subleased by Lessee
without the consent of the Lessor, which consent shall not unreasonably be withheld. It is understood and
agreed that the Lessor may, at any time, with notice, assign or delegate any or all of its rights hereunder.
ARTICLE XIV. DEFAULT AND TERMINATION
Section 1. Termination by Lessee.
This Agreement shall be subject to termination by Lessee in the event of the following:
Material default by the Lessor in the performance of any of the terms, covenants or conditions of this
agreement, and in the failure of the Lessor to remedy, or undertake to remedy, to Lessee's satisfaction, such
default for a period of thirty (30) days after receipt of notice from Lessee to remedy the same.
Section 2. Termination by Lessor.
This Agreement shall be subject to termination by the Lessor in the event of any one or more of the
following events:
a) Lessor determines at a duly constituted City Council meeting that the building or property (said premises)
Page 7 of 9 Item # 14
Attachment number 1
Page 8 of 9
is needed for other municipal services and serves Lessee with sixty (60) days notice of such intended use.
b) Lessor determines that the premises are so extensively damaged by some casualty that it is impractical or
inequitable to repair such leased premises.
c) The material default by Lessee in the performance of any of the terms, covenants or conditions of this
Lease Agreement, and in the failure of the Lessee to remedy, or undertake to remedy, to Lessor's
satisfaction such default for a period of thirty (30) days after receipt of notice from Lessor to remedy same.
d) The Lessor determines that a municipal need exists consistent with the City's charter.
e) Lessee's vacating or abandoning the premises.
Section 3. Exercise.
Exercise of the rights of termination set forth in Sections 1 and 2 above shall be by notice to the other party.
Forbearance of timely notice shall not be deemed a waiver of any breach.
Section 4. Removal of Property.
Upon termination of this agreement for any reason, Lessee, at its sole expense, shall remove from the
Premises all signs, trade fixtures, furnishings, personal property, equipment and materials which Lessee was
permitted to install or maintain under the rights granted herein. Lessor may effect such removal at Lessee's
expense should Lessee fail to remove said installed property within thirty (30) days notice. Lessee agrees to
pay Lessor promptly in the event of such circumstance upon presentation of a proper invoice.
Section 5. Causes of Breach and Waiver.
a) Neither party shall be held to be in breach of this Agreement because of any failure to perform any of its
obligations hereunder if said failure is due to any cause for which it is not responsible and over which it has
no control; provided, however, that the foregoing provision shall not apply to a failure of Lessee to provide
the amounts of insurance contained in Article VII of this Agreement.
b) The waiver of any breach, violation or default in or with respect to the performance or observance of the
covenants and conditions contained herein shall not be taken to constitute a waiver of any subsequent
breach, violation or default in or with respect to the same or any other covenant or condition hereof.
Section 6. Attorney's Fees.
In case suit is brought for recovery of the premises or because of any breach of the Lease, the prevailing
party shall be entitled to a reasonable attorney's fee and costs.
ARTICLE XV. NOTICE
Any notice given by one party to the other in connection with the Lease shall be sent by certified mail,
return receipt requested, with postage and fees prepaid:
Page 8 of 9 Item # 14
Attachment number 1
Page 9 of 9
1. If to the Lessor, addressed to:
City Manager
City of Clearwater
P. O. Box 4748
Clearwater, Florida 33758-4748
2. If to the Lessee, addressed to: Pinellas Core Management Services, Inc.
14155-58 th Street North
Suite 200
Clearwater, FL 33760
ARTICLE XVI. EFFECTIVE DATE
The effective date of this lease shall be the 1st (first) day of November, 2009.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals this
, 2009.
ACKNOWLEDGEMENTS: Pinellas Core Management Services lease
Countersigned: CITY OF CLEARWATER
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
day of
WITNESSES as to Lessee: PINELLAS CORE MANAGEMENT SERVICES, INC.
By:
Elise Minkoff
Board Chairperson
Page 9 of 9 Item # 14
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Approve the 2010 Council Meeting schedule.
SUMMARY:
Meeting Date: 10/ 1/2009
Generally, the 2010 City Council meetings are at 6:00 p.m. on the first and third Thursdays of each month. The accompanying
work sessions are at 9:00 a.m. on the preceding Monday, unless the Monday is a holiday, in which case the work session is on
Tuesday.
Exceptions are:
1) no meetings held for the first Thursday in January per Council Rules.
2) no meetings held for the first Thursday in July per Council Rules.
3) the work sessions on June 14, September 13 and December 13 will begin at 1:00 p.m. due to TBRPC meetings in the morning.
4) the work sessions for the April 15 and July 15 Council meetings will be held on Tuesday, April 13 and July 13 due to TBRPC
and PMI meetings on Monday of those weeks.
5) the April 1 Council meeting has been moved to Wednesday, March 31 to allow Councilmember Cretekos to attend service
related to Orthodox Easter. (An alternative would be to move the meetings for April to the second and fourth Thursdays, as April
is a 5 thursday month.)
6) the August 19 Council meeting has been moved to Wednesday, August 18 to allow attendance at the Florida League of Cities
Annual Conference August 18 through 20.
7) the November 18 Council meeting has been moved to Tuesday, November 16 and the accompanying work session cancelled
to allow attendance at the FLC's Legislative Conference.
There is no need to make adjustments for Jazz Holiday in 2010 as the third weekend in October occurs prior to the third
Thuursay.
Review Approval: 1) City Manager 2) Clerk 3) City Manager 4) Clerk
Cover Memo
Item # 15
Attachment number 1
Page 1 of 1
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Item # 15
?- Meeting Date: 10/ 1/2009
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Certify that Ruth Eckerd Hall, Inc., a non-profit corporation, is consistent with local plans and regulations including
comprehensive plans for the Capitol Theatre proposed project and that Ruth Eckerd Hall, Inc. qualifies under the State's
Community Contribution Tax Credit Program (CCTCP) for public resources and facilities affiliated with economic/community
development efforts and adopt Resolution 09-36.
SUMMARY:
Ruth Eckerd Hall, Inc. is applying for sponsorship under the Enterprise Zone Community Contribution Tax Credit Program
pursuant to Florida Statutes sections 220.03, 220.183 (2) (c) and Rule 12C-1.0188 Florida Administrative Code.
To become an eligible sponsor, a resolution from the local government is required. The Capitol Theatre is located within the City
of Clearwater Enterprise Zone 5202 as established by Resolution 98-28 on August 20, 1998. On January 1, 2006, this area was re-
designated an Enterprise Zone by Resolution 05-46, dated November 16, 2005 and will be in effect until December 31, 2015.
The CCTCP allows any business in Florida to receive a 50% credit on their Florida corporate income tax, insurance premium tax
or sales tax refund for donations made to local community development projects. Donations must be made to an eligible sponsor
conducting an approved community development project. A business may receive no more than $200,000 in community
contribution tax credits annually. Once the donation has been approved by the Office of Tourism, Trade and Economic
Development, a copy of the approval letter must be submitted with the state tax return.
The qualifying proposed project for this sponsorship is to seek in-kind, service, and cash contributions towards restoration,
renovation, programming and operation of the Capitol Theatre.
When completed, the 655-seat capacity Capitol Theatre will become a venue where residents and visitors of Clearwater can enjoy
all genres of live entertainment provided by Ruth Eckerd Hall, contributing to the City of Clearwater's goal of revitalizing its
downtown area to benefit residents, tourists, and local businesses. The Capitol Theatre will also be an auxiliary location for various
performing arts education programs and film series' offered by Ruth Eckerd Hall.
Review 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager ED 5) Clerk 6) City
Approval: Manager 7) Clerk
Cover Memo
Item # 16
Attachment number 1
Page 1 of 2
RESOLUTION NO. 09-36
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA, CERTIFYING THAT RUTH ECKERD HALL, INC.
IS CONSISTENT WITH LOCAL PLANS AND REGULATIONS
INCLUDING COMPREHENSIVE PLANS; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Ruth Eckerd Hall, Inc.'s proposed project is to seek in-kind, service
and cash contributions toward the restoration, renovation, programs and operation of the
Capitol Theatre Project located at 401 and 403 Cleveland Street located in the core of
Clearwater's Downtown district and Florida Enterprise Zone #5202.
Whereas, Ruth Eckerd Hall, Inc. is applying for Community Contribution Tax Credit
pursuant to Florida Statutes sections 220.03 and 220.183 (2) (c) and Rule 12C-1.0188
Florida Administrative Code.
WHEREAS, said Ruth Eckerd Hall, Inc. is eligible for sponsorship under the
Enterprise Zone Community Contribution Tax Credit Program for public resources and
facilities affiliated with economic/community development efforts.
WHEREAS, Ruth Eckerd Hall, Inc. has requested the City to certify that the
proposed project is consistent with its local plans and regulations including comprehensive
plans and that the City Council finds it desirable to make this certification; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF CLEARWATER, FLORIDA:
Section 1. The City Council of the City of Clearwater hereby certifies that Ruth
Eckerd Hall, Inc.'s proposed project is consistent with the City's local plans and regulations
including comprehensive plans.
Section 2. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this day of , 2009.
Frank V. Hibbard, Mayor
Approved as to form:
Leslie K. Dougall-Sides
Assistant City Attorney
Attest:
Cynthia E. Goudeau, City Clerk
Resolution No. 09-36
Item # 16
Attachment number 1
Page 2 of 2
Resolution No. 09-36
Item # 16
Attachment number 2
Page 1 of 3
PROPOSED SPONSOR PROJECT OUTLINE
Proposed Sponsor: Ruth Eckerd Hall, Inc.
1111 McMullen Booth Road
Clearwater, FL 33759
727.791.7060
www.rutheckerdhall.com
Contact: Lisa Moeller, Grant Services Manager
lmoeller@rutheckerdhall.net
727.712.2761
H. Project Narrative
A. Project Description
Built March 21, 1921, the Capitol Theatre has enjoyed enormous popularity as a vaudeville
and opera house. The theater's classic structure, complete with a large mezzanine and
furnishings reminiscent of a Hollywood theater, is one of the oldest operating theaters in the
state of Florida. For decades, many of the country's biggest stars graced the stage including
Fred Astaire, Ginger Rogers and Clark Gable. In the 1940's, the theatre hosted Frank
Sinatra, Dean Martin, Bob Hope and Sammy Davis, Jr. By the 1950's, the theatre had
become one of America's premier movie palaces, but continued to be a favorite venue for
many world-renowned performers as well. In the 1960's and 1970's, concerts by Elvis
Presley and Liza Minnelli helped further the theatre's reputation as a great "little opera
house." The musical heritage continued as dozens of classic theatrical productions were
presented over the next two decades.
The theatre will be a small, but modern hub, for performing arts venues where film, live
performances, jazz, classical and pop entertainment are performed on a smaller scale, but
similar to the type of performances scheduled at Ruth Eckerd Hall.
The City of Clearwater purchased the property as a public service performing arts center.
The City, a municipal corporation of the State of Florida, recently joined forces through a
License Agreement and Memorandum of Understanding with Ruth Eckerd Hall, Inc., a
Florida non-profit corporation to occupy, renovate, and revitalize the historic theatre. The
theatre property is located in the core of Clearwater's Downtown district located at 401 and
403 Cleveland Street, a Florida Enterprise Zone. This project is part of an overall plan to re-
energize downtown Clearwater and expand programming for Ruth Eckerd Hall.
Item # 16
Attachment number 2
Page 2 of 3
The following components are a part of the renovation plan:
• An audience chamber with a seating capacity of 655
o the room has the shape, functionality, equipment and acoustical qualities
appropriate for a range of programs, including theatre, dance, music
(amplified and un-amplified), the spoken word and film
• An expanded lobby area to include a lounge, bar and concession stand
• An improved, but not expanded, stage with a motorized orchestra lift and a functional
fly system
• A small box office
• Star and group dressing rooms
• Three offices
• A reasonable compliment of public restrooms
• A small area for storage (wardrobe, set, props) and mechanical spaces
• Access for the handicapped public and backstage areas
The total area of the expanded building is approximately 15,000 square feet.
When completed, the Capitol Theatre will become a venue where residents and visitors can
enjoy all genres of live entertainment contributing to the City of Clearwater's goal of
revitalizing its downtown area to benefit residents, tourists, and local businesses. The Capitol
Theatre will also be an auxiliary location for various performing arts education programs and
film series offered by Ruth Eckerd Hall.
Project plans also include renovations to the adjacent building to include creating a grand
lobby, a concession area and additional restrooms for the theatre.
B. Types of donations sought
Ruth Eckerd Hall, Inc. will seek in-kind, service, and cash contributions toward the
restoration, renovation, programming and operation of the theatre.
C. The uses for donations
In-kind, service, and cash contributions will be used toward the expenses associated with
project planning, architectural and engineering services, restoration, construction, signage,
programming, and operations.
D. Total project cost estimate
The total project cost estimate is $14.2M. $2.4M was used to purchase the theatre and for
closing costs paid for by the City of Clearwater. $6.8M will be used for construction and
renovation costs. The City's share will be $3.8M and Ruth Eckerd Hall's share will be $3M.
Ruth Eckerd Hall will also raise $5M for an endowment fund.
Item # 16
Attachment number 2
Page 3 of 3
E. Estimated the number of jobs created (if applicable): 5+
F. Estimated project completion date
Ruth Eckerd Hall will begin the capital campaign for the restoration/renovation, operation
and programming of the theatre in January 2010. Work on the theatre will not commence
until all necessary funds have been pledged and/or secured. Achieving the completion of the
renovation is estimated to take 12 to 18 months.
III. Documentation of Area Eligibility
Attached please find documentation confirming that the Capitol Theatre project is located in
the City of Clearwater's designated Enterprise Zone #5202.
IV. Local Government Resolution
Attached please find a certified copy of Resolution 09-36, passed by the City of Clearwater
Council on October 1, 2009, stating that the proposed project is "consistent with local plans
and regulations, including comprehensive plans".
Item # 16
?- Meeting Date: 10/ 1/2009
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Amend Appendix A, Schedule of Fees, Rates and Charges of the City of Clearwater Code of Ordinances relating to Article XI,
Parks, Beaches, and Recreation as it relates to the criteria which establishes the class of city residents and pass Ordinance 8105-09
on first reading.
SUMMARY:
For well over 30 years the City has been allowing non-residents the opportunity to use and take part in recreation programs in the
City of Clearwater by paying an additional nonresident fee. The current ordinance governing these fees was last changed by the
Council in 2008 to revise the formula used to determine the cost of this assessment and to remove some options in lieu of
nonresident fees.
Included in the code is a provision that more or less defines who qualifies as a city resident. This has not been changed since the
adoption of the original ordinance and staff believes that there are some groups of people that need to be added to this provision as
well as provide an updated definition for family.
This amendment will add the following groups of persons to the list of qualified city residents:
Retirees of the City of Clearwater
Active military and their family members
Employees or clients of the Upper Pinellas Association for Retarded Citizens (UPARC) for the use of the Long Center
facility
Corporate memberships for City wellness programs funded by businesses within the incorporated boundaries of the City of
Clearwater
In addition this amendment clarifies the definition of family to more closely reflect what is being implemented in the recreation
department. Family is defined as follows; "Husband and wife or legal guardian and their children who live in the same household,
who are 18 years of age or under, or less than 23 years of age and a full time college student."
Review Approval: 1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk
Cover Memo
Item # 17
Attachment number 1
Page 1 of 3
ORDINANCE NO. 8105-09
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
RELATING TO SCHEDULE OF FEES, RATES AND CHARGES,
AMENDING THE CODE OF ORDINANCES, APPENDIX A,
SUBJECT XI, PARKS, BEACHES, RECREATION; MODIFYING
THE DEFINITION OF FAMILY AND PROVIDING ADDITIONAL
CRITERIA TO ESTABLISH THE CLASS OF CITY RESIDENTS
FOR THE PURPOSE OF APPLYING FEES; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Clearwater provides recreation facilities and programs for
the residents of the City; and
WHEREAS, the City Council has established the criteria for the class of city
residents for the purpose of imposing varying fees for residents versus nonresidents as
users of City recreational facilities; and
WHEREAS, there is a need to modify the criteria of city residents to more
accurately reflect the intent of meeting the needs of certain groups of people such as
active military and retirees of the City; and
WHEREAS, the definition of family needs to clarified for purposes of employee
families and active military families; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA;
Section 1. Appendix A, Schedule of Fees, Rates and Charges, is hereby
amended to read:
XI. PARKS, BEACHES, RECREATION:
Use of facilities by nonresidents (ch. 22):
(1) Effective June 1, 2005, nonresidents who wish to rent or use city recreation
facilities or programs may do so by paying a nonresident fee based on the
following formulas which shall be administered by the parks and recreation
director:
(a) Nonresidents.
Department O&M Budget + indirect overhead - budgeted revenue = Net
budget divided by population = subtotal
Subtotal + Capital Improvement Program recovery component + Card
processing fee x surcharge factor = Individual non-resident yearly fee
Ordinance 48ME M917
Attachment number 1
Page 2 of 3
(b) Annual nonresident family fees.
Individual nonresident yearly fees x 2.5 = Annual nonresident family fee.
(c) Options in lieu of nonresident card purchase.
1. Pay non-card holder rates for tennis, swimming, classes, and/or
admissions. (These fees will vary depending upon activity, however in no
case will they be less than or equal to card holder rates.)
(d) Surcharge factor:
Surcharge factor is established and adjusted by the city manager or his or
her designee in order to address the economic climate. A current fee
schedule including the surcharge factor shall be set out in parks and
recreation departmental policies.
(2) The criteria which establish the class of city residents for the purpose of the fees
above are:
(a) Permanent residence within the incorporated boundaries of the city;
(b) Ownership of real property within the incorporated boundaries of the city, as
evidenced by the official tax rolls maintained by the county;
(c) Tourists and guests temporarily residing at properties three months or less,
within the incorporated boundaries of the city as evidenced by a motel key or
another resident member; er
(d) Persons who are employees of the city, and their family which is hereby
defined as: "Husband and wife or legal guardian and their children who live
in the same household, who are 18 years of age or under, or less than 23
years of age and a full time college student"; their spe °16 and nhildreA whn
lido At ht-:)me
(e) Persons who are retirees of the city of Clearwater;
(f) Active Military personnel and their family as defined in (d);
(g) Full Time employees or clients of the Upper Pinellas Association for
Retarded Citizens (UPARC), for use of the Long Center facility and
programs only;
(h) Corporate memberships for City wellness programs funded by businesses
within the incorporated boundaries of the City of Clearwater.
(3) Nonresidents who wish to rent a city recreation facility must possess a nonresident
card or pay a ten percent surcharge for the rental.
Ordinance r` 8ME M917
Attachment number 1
Page 3 of 3
(4) In programs where rentals are charged, or where enforcement is impractical, or a
majority of the facilities used by a program are provided in a municipality other than
Clearwater, the nonresident fee is not required.
Section 2. This ordinance shall take effect on October 1, 2009.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
Laura Lipowski Mahony
Assistant City Attorney
Frank V. Hibbard
Mayor
Attest:
Cynthia E. Goudeau
City Clerk
Ordinance 48ME M917
?- Meeting Date: 10/ 1/2009
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Approve the collective bargaining agreement as negotiated between the City of Clearwater and the Fraternal Order of Police
Supervisors for Fiscal Years 2009/10, 2010/11, and 2011/12.
SUMMARY:
The most recent collective bargaining agreement between the City of Clearwater and the Fraternal Order of Police Supervisors
bargaining unit expired on September 30, 2009. City management staff met with representatives of the Fraternal Order of Police
Supervisors beginning in August of 2009 to negotiate a new agreement. On September 10, 2009, the parties reached a tentative
agreement that was subsequently submitted by the Union to its bargaining unit which ratified the agreement by a vote of 42 to 2 on
September 25, 2009.
The agreement is a three-year contract, providing for no general wage increase in the first year and including reopener clauses to
negotiate wage and pay range adjustments in years two and three. The agreement also provides for the City to pay for the first three
vacation days used by each bargaining unit member with no charge to the employee's vacation leave balance in the first year of the
contract only. In addition, the parties agreed all bargaining unit members will comply with the City's revised Tobacco Product
Usage Policy. There are no other significant changes to the existing contract language. Costs are within the City's approved budget
for the first year of the contract, and will be determined in accordance with the outcome of negotiation of the wage reopener
clauses for the second and third years.
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
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AGREEMENT
between
CITY OF CLEARWATER, FLORIDA
and
FLORIDA STATE LODGE
FRATERNAL ORDER OF POLICE
SUPERVISORS BARGAINING UNIT
2009 2010
2010 2011
2011 2012
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Preamble .........................................................................................1
Article 1 Recognition and General Provisions ..............................................1
Recognition .....................................................................................................1
Contract Constitutes Entire Agreement .....................................................1
Severability and Waiver ................................................................................. 2
Existing Rules ................................................................................................. 2
Article 2 Representatives of Parties ..............................................................2
Article 3 Rights of Parties .............................................................................3
Officers Bill of Rights ................................................................................... 3
City's Management Rights ............................................................................ 4
Union Rights .................................................................................................. 5
Article 4 No Strike .........................................................................................7
Article 5 Labor/Management Cooperation ..................................................8
Article 6 Grievance Procedure ......................................................................8
Definition ........................................................................................................ 8
Steps ................................................................................................................ 9
Arbitration ....................................................................................................11
Article 7 Personnel Practices ......................................................................12
Police Sergeant and Lieutenant Duties ..................................................... 12
Special Duty Call Out .................................................................................. 12
Probation ...................................................................................................... 12
Promotional Procedures ............................................................................. 13
Certification and Appointment .................................................................. 13
Removal of Names from Eligibility List ................................................... 13
Productivity .................................................................................................. 14
Training ......................................................................................................... 14
Light Duty Assignment ............................................................................... 14
Personnel Records ....................................................................................... 15
Residency Requirements ............................................................................. 15
Tobacco Product Usage .............................................................................. 15
Seat Belts and Safety Gear .......................................................................... 15
Physical Examinations, Inoculations, and Fitness .................................. 16
Outside Employment .................................................................................. 16
Funeral Detail ............................................................................................... 17
Take-Home Vehicles ................................................................................... 17
Legal Protection ........................................................................................... 17
Copies of Municipal Code .......................................................................... 17
Paycheck Issuance ....................................................................................... 18
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Article 8 Leaves of Absence ........................................................................18
Designated Holidays ....................................................................................18
Floating Holidays .........................................................................................19
Vacation ........................................................................................................19
Sick Leave ..................................................................................................... 21
Bonus Leave Days ....................................................................................... 23
Leave Pool .................................................................................................... 23
Funeral Leave ............................................................................................... 25
Military Leave ............................................................................................... 25
Time Off .......................................................................................................27
Leave Without Pay ...................................................................................... 28
Article 9 Wages & Compensation ...............................................................29
Wages ............................................................................................................ 29
Work Week and Overtime ......................................................................... 31
Compensatory Time .................................................................................... 31
Shift Differential .......................................................................................... 31
Standby .......................................................................................................... 32
Recall ............................................................................................................. 32
Acting Pay ..................................................................................................... 33
Job Assignment Pay .................................................................................... 33
Canine Assignment ...................................................................................... 34
Court Attendance and Standby Time ....................................................... 34
Line-of-Duty Injury ..................................................................................... 35
Unif orm Allowance ..................................................................................... 36
Tuition Refund ............................................................................................. 37
Article 10 Insurance ...................................................................................... 37
Article 11 Performance & Discipline ............................................................38
Article 12 Drug & Alcohol Policy ................................................................. 39
Article 13 Retirement .................................................................................... 40
Article 14 Seniority, Layoff, and Recall ........................................................40
Article 15 Duration, Modification, & Termination ...................................... 42
Appendix A Pay Schedules ..................................................................................i
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PREAMBLE
This Agreement is entered into between the City of Clearwater, Florida, hereinafter referred to
as the "City" and the Florida State Lodge of the Fraternal Order of Police, Clearwater Supervisors
bargaining unit, hereinafter referred to as the "Union" It is the intent and purpose of this Agreement
to assure sound and mutually beneficial working and economic relationships between the parties
hereto, to provide an orderly and peaceful means of resolving any misunderstandings or differences
which may arise, and to set forth herein the full agreements between the parties concerning rates of
pay, wages, hours of employment, and other term and conditions of employment. It is understood
that the City is engaged in furnishing essential public services which vitally affect the health, safety,
comfort and general-well being of the public and both parties hereto recognize the need for
continuous and reliable service to the public. There shall be no individual arrangement contrary to the
term herein provided.
ARTICLE 1
RECOGNITION AND GENERAL PROVISIONS
Section 1. Recognition
The City hereby recognizes the Union as the exclusive bargaining representative as defined in
Chapter 447, Florida Statutes, as amended, for all employees employed in the unit defined by the
Public Employee Relations Commission in its certification No. 816, dated October 20, 1988, which
certification is limited to Police Sergeants and Police Lieutenants.
Section 2. Contract Constitutes Entire Agreement
The parties acknowledge and agree that during the negotiations which resulted in this
Agreement, each had the unlimited right and opportunity to make demands and proposals with respect
to any subject or matter included by law within the area of collective bargaining and that all the
understandings and agreements arrived at by the parties after the exercise of that right and opportunity
are set forth in this Agreement. Therefore, the City and the Union, for the life of this Agreement, each
voluntarily and unqualifiedly waives the right to require further collective bargaining, and each agrees
that the other shall not be obligated to bargain collectively with respect to any matter or subject not
specifically referred to or covered by this Agreement, whether or not such matters have been
discussed, even though such subjects or matters may not have been within the knowledge or
contemplation of either or both parties at the time they negotiated or signed this Agreement. This
Agreement contains the entire contract, understanding, undertaking and agreement of collective
bargaining for and during its tern, except as may be otherwise specifically provided herein However,
the parties agree that the City E mployees Pension Plan may be separately negotiated at any time upon
the mutual agreement of both parties.
This Agreement may be amended at any time by the mutual consent of the parties, but no such
attempted amendment shall be of any force or effect until placed in writing and executed by each party
hereof.
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Section 3. Severability and Waiver
E ach and every clause of this Agreement shall be deemed separable from each and every other
clause of this Agreement. In the event that any clause or clauses shall be finally determined to be in
violation of any law, such clause or clauses only shall be deemed of no force and effect and
unenforceable without impairing the validity and enforceability of the rest of the contract including any
and all provisions in the remainder of any clause, sentence or paragraph in which the offending
language may appear.
The exercise or the non exercise of the rights covered by this Agreement by the City or its
employees or agents or the Union shall not be deemed to waive any such rights or the right to exercise
them in the future.
Section 4. Existing Rules
Any Police Departnelt rule, regulation, policy or procedure in existence at the time of
adoption of this Agreement which is in conflict with any provision of this Agreement shall be resolved
by modification of such rule, regulation, policy or procedure to be compatible with this Agreement.
Employees shall be required to observe and comply with Deparhnelt regulations governing
their employment as set forth in anyDeparhneltal procedures and such special and general orders and
written communications now existing or which may hereafter be established which are not in conflict
with this Agreement.
No disciplinary action shall be taken for violation of a newly established or amended and
posted rule or regulation until at least forty-eight (48) hours after initial posting.
The President of the Clearwater Supervisors Bargaining Unit shall be forwarded a copy of any
written departineltal memorandum, rule, regulation, general or special order, or policy intended for
publication at least 10 days prior to the effective date such document is intended to establish a standard
of conduct or performance for members of the bargaining unit.
ARTICLE 2
REPRESENTATIVES OF PARTIES
Section 1. The City agrees that during the term of this Agreement it will deal only with the
authorized representatives of the Union in all matters requiring mutual consent or other official action
called for by this Agreement. The Union agrees to notify the City of the name of such authorized
representatives as of the execution of the Agreement and each replacement therefore during the term
of the Agreement. Authorized representatives shall be defined as the elected Officers of the Union
including those appointed as stewards in accordance with this Agreement, provided that notification
has been provided in writing to the Office of the Police Chief and to the City Manager or his/her
designee at least twenty-four (24) hours in advance. Until such notice is received, the City is under no
obligation to recognize an individual as an authorized representative of the Union
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Section 2. The Union agrees that during the term of this Agreement the Union and the
employes covered hereunder shall deal only with the City Manager or his/her representative in
matters requiring mutual consent or other official action and specifically the Union agrees that neither
the Union nor the employes covered hereunder shall seek to involve the Maur-Commissioner or
Commissioners in the administration of the Agreement, or otherwise in the operation of the Cites
Police Departnielt, provided that nothing contained herein shall restrict an employe's right to present
non employment related matters to such elected officials. All matters relating to grievances shall be
processed only through the grievance procedure chain of conmmd
ARTICLE 3
RIGHTS OF PARTIES
Section 1. Any right or working condition egoyd by employes covered by this
Agreement as the result of specific action taken by the City Manager or Chief of Police shall not be
changed in an arbitrary or capricious manner.
Section 2. Police Officers' Bill of Rights
It is understood and agreed that all unit members shall egoythose protections afforded under
Sections 112.531, 112.532, 112.533 and 112.534, Florida Statutes, commonly known as the Law
Enforcement Officers Bill of Rights.
Section 3. The City agrees to continue its policy of not discriminating against any employe
for any reason prohibited by applicable state or federal law Any claim of discrimination by any
employe against the City, its officers or representatives shall not be gnevable or arbitrable under the
provisions of the Grievance Article of this Agreement, but shall be subject to the matter of review
prescribed by law or by rules and regulations of appropriate state or federal agencies having the force
and effect of law.
Section 4. The Union and its representatives agree to support federal and state laws and
regulations thereunder which have the effect of law and to abide by them and further to encourage all
bargaining unit members to comply with such laws and regulations at all times. From time to time, as
the City issues policy statements or develops specific training program concerning areas of prohibited
discrimination under federal laws and regulations, the City may submit such policies and/or program
to the Union for their review and consideration for endorsement. If the Union determines not to
endorse the policy and/or program it shall advise the City of its reservations which have precluded it
from endorsement.
Section 5. The Union and the City shall not interfere with the right of employes covered
by this Agreement to become or to refrain from becoming members of the Union, and the Union and
the City shall not discriminate against any such employe because of membership or non membership
in any employe organization The Union acknowledges that it is the sole representative of bargaining
unit employes. However, the Union has no obligation to prosecute grievances under this Agreement
for non members.
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Section 6. City s Management Rights
A. The City reserves, retains, and is vested with, solely and exclusively, all rights of management which
have not been expressly abridged by specific provisions of this Agreement. The sole and exclusive
rights of management include, but are not limited to, the following.
(a) to manage the City generally and to determine the issues of policy;
(b) to determine the existence or nonexistence of facts which are the basis of management
decisions;
(c) to determine the necessity or organization of any service or activity conducted by the City and
to expand or diminish services;
(d) to determine the nature, manner, means, and technology, and extent of services to be provided
to the public;
(e) to detemrine methods of financing and budgeting,
(f) to detemrine the types of equipment and technology to be used,
(g) to determine and/or change the facilities, methods, technology, mezins and size of the work
force by which the City operations are to be conducted;
(h) to determine and change the number of locations, relocations, and types of operations,
processes, and materials to be used in carrying out all City functions including, but not limited
to, the right to contract for or subcontract anywDrk or operation of the City;
(i) to assign work to and schedule employees in accordance with requirements as determined by
the City, and to establish and change work schedules and assignments,
(j) to relieve employees from duties for lack of work, lack of funds or any other non disciplinary
reasons;
(k) to establish and modify productivity and performance program and standards;
0) to discharge, suspend, demote, or otherwise discipline employees for just cause;
(m) to determine job classifications and to create, modify or discontinue jobs;
(n) to hire, transfer, promote, and demote employees;
(o) to determine policies, procedures, and standards for selection, training and promotion of
employees;
(p) to establish employee performance standards including, but not limited to, quality and quantity
standards and to require compliance therewith;
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(q) to maintain order and efficiency in its facilities and operations;
(r) to establish and promulgate and/or modify rules and regulations and standard operating
procedures including, but not limited to, Civil Service rules,
(s) to take any and all necessary action to carry out the mission of the City and the Police
Department in emergencies.
B. If in the sole discretion of the City Manager or the Mayor it is determined that civil emergency
conditions exist or may exist including, but not limited to, riots, civil disorders, hurricane
conditions, strikes, or similar catastrophes or disorders, this Agreement may be suspended by the
City Manager or the Mayor during the time of the declared emergency, provided that wage rates
and other direct monetary payments shall not be suspended Further, a discharge, suspension or
demotion occurring during such emergency maybe pursued as a grievance upon the termination of
the emergency. The date of termination of the emergency shall be considered the first day under
the grievance procedure.
Section 7. Union Rights
A. Union Dues and Checkoff -- During the term of this Agreement, and except as provided below,
the City agrees to deduct the basic and uniform membership dues owed by the employee to the
Union on a biweekly basis, provided that prior to any such deduction the Union has provided the
City with a signed statement from each said employee for whom dues are to be made that such
deduction is authorized, and provided further that such authorization is in a form satisfactory to
the City. Any authorization for dues deduction may be canceled or amended by the employee
upon thirty (30) days written notice to the City and the Union and shall be discontinued in the
event the employee is terminated or is transferred, promoted or otherwise moved out of the
bargaining unit. The City will not deduct any Union fines, penalties or special assessments from
the pay of any employee.
In the event that an employee's salary earnings within any pay period, after deductions for
withholding, pension or social security, health and/or hospitalization insurance, or other standard
or legally required deductions, are not sufficient to cover the basic and uniform membership dues,
it will be the responsibility of the Union to collect its dues for that pay period from the employee.
B. Indemnification -- The Union shall indemnify, defend and hold the City, its officers, officials,
agents and employees harmless against any claim, demand, suit or liability (monetary or otherwise)
and for all legal costs arising from any action taken or not taken by the City, its officials, agents and
employees in complying with this Agreement. The Union shall promptly refund to the City any
funds received in accordance with this Agreement which are in excess of the amount of basic and
unif om1 membership dues which the City has agreed to deduct.
C. Stewards -- The stewards of the Union shall consist of the elected officers of the Union, subject
to a limit of four persons and four alternates. If the Union has more than four officers, it shall
designate the four who will serve as stewards. The Union will submit a list of the four elected
officers who will serve as stewards and the four alternates to the Police Chief and to the City
Manager or his/her designee.
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Any steward who feels unqualified to represent a member on any matter will be permitted to
contact the Union president who shall designate a representative to serve the member.
A steward shall not investigate or otherwise handle grievances during working hours without
the specific, expressed consent of the Division Conmmder. A steward shall not investigate
his/her own grievance or otherwise represent himself /herself.
D. Union Time -- The Union shall be allowed up to 300 hours of time off without loss of pay per
year for the purpose of attending official F.O.P. or bargaining unit functions, meetings or
conferences. Union time off with pay shall be granted by the City for the purposes of grievance
representation, labor inanagement meetings, contract negotiations, and participation as a member
or attendee of any City committee whereby the Union member appears at the behest of and in the
interest of the City. Union time off with pay shall be provided for up to five Union representatives
(excluding a note taker) for contract negotiations. Requests for use of this Union time shall be
made in advance in writing by an elected officer of the Clearwater Supervisors Bargaining Unit or
Union Steward as described above to the immediate supervisor of the bargaining unit member who
will be utilizing the requested union time. The Police Chief or his/her designee will grant such
time off without loss of pay provided that, in his/her sole and unlimited discretion, the efficiency
of operation of the Department will not be interfered with or impaired Any portion of the Union
time not used in an annual period, which shall be defined as a contract year beginning with
ratification, shall be forfeited and shall not be carried forward into the next annual period
Bargaining unit members utilizing Union time under the provisions of this Section shall not be
eligible during the time of utilization for Workers Compensation benefits in case of injury. In any
event, absence from duty for Union business shall not be approved when such requires a Union
member to be off duty for periods in excess of two (2) consecutive work shifts. Extension of any
consecutive time off for Union members over and above two (2) consecutive shifts maybe granted
solely at the discretion of the Police Chief.
Joint related business between the City and the Union shall not be subject to deduction from
Union time under this Section when an employee is directed by the City to attend However, the
Union acknowledges that such time needed for arbitration hearings will be chargeable to the
account.
E. Union Notification Media -- The City agrees to provide space (not less than 24 inches by 24
inches) on bulletin boards, utilization of e-mail, or other appropriate means of distributing notices
of meetings and other official Union information The Police Chief or his/her designee shall first
review and approve or not approve any such posting or transmission of F.O.P. official
information for distribution in any City facility. No other City bulletin board, e-mail, or other
distribution methods may be used by the Union or any member of the bargaining unit for any
purpose not approved by the Police Chief. Such approval shall not be unreasonablywithheld The
Union is expressly prohibited from posting any information relating to political candidates or
political office.
F. Rules and Regulations and Memorandum -- The designated representative of the Union shall
have a copy distributed to his/her mail box of any written deparhreltal memorandum, rule,
regulation, order or policy, intended for publication to all members of the bargaining unit, which is
intended to establish a standard of conduct for members of the bargaining unit.
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The designated representative of the Union shall be forwarded a copy of the agenda from the
City Clerk's office of any regular City Commission meeting in the same manner that the Chief of
Police is forwarded a copy.
G. Copying of Agreement -- The City and the Union each agree to pay one-half of a reasonable
cost for printing copies of this Agreement. Every bargaining unit member will be provided a
copy of the Agreement. The Union shall be responsible for providing copies to its members.
The Union may request that such provision of copies be accomplished by the City during new
employee orientation classes.
H. Use of Copying Equipment -- The City agrees to allow the Unions officers to use the
departmental copying equipment while off duty under the following conditions:
(a) The Chief or his/her designee shall approve the copying of any matter which shall be limited to
departmental records which the Chief will not allow the Union to remove from the
Departure, t and copy using its own equipment.
(b) The Union will be charged and will remit such rate as may hereafter be established by the City
in accordance with City Policy.
(c) Departure, t business will of course take priority and the Union will only be allowed to make
copies when the Department is not otherwise using the copier.
The Union shall designate a Civil Service Liaison Officer who may, on request, be relieved from
duty with no loss of pay for the purpose of attending Civil Service Board Meetings, unless the
efficiency of operation of the Departure, t will be interfered with or impaired in the sole and
unlimited discretion of the Chief of Police or his/her designee. In addition, twD Union officers
may, on request and at the discretion of the Chief or his/her designee, be relieved from duty with
no loss of pay for the purpose of attending official Union meetings, unless the efficiency of
operation of the Department will be interfered with or impaired
J. The President of the Clearwater Supervisors Bargaining Unit or his/her designee shall be
forwarded a copy of the agenda in advance of every regular City Commission meeting
ARTICLE 4
NO STRIKE
Section 1. The Union agrees that during the term of this Agreement it shall not authorize,
instigate, condone, excuse, ratify, support or acquiesce in any strike, slowdown, wurk stoppage or any
other act of like or similar nature likely to interfere with the efficient operation of the City's affairs
engaged in or supported by members of the Union and/or employees represented by the Union or
other agencies or representatives of the Union or its affiliates.
Section 2. Should the Union or its member employees covered hereunder within the City's
Police Department breach this Article, then the City may proceed to the appropriate court and,
without notice, obtain a temporary restraining order against such breach.
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Section 3. Should any member of the bargaining unit be found guilty of striking as defined
in Chapter 447, Florida Statutes, the employee shall be subject to dismissal, and it is expressly agreed
that such violation constitutes just cause for dismissal.
ARTICLE 5
LABOR-MANAGEMENT COOPERATION
The City and Union support the concept of Labor-Management cooperation to address
employee concerns that are not specifically provided for by contract provisions. Labor-Management
cooperative efforts shall not be intended to bypass established grievance procedures or the right of
collective bargaining. Labor-Management cooperation shall be utilized for the purpose of discussion
and input from both parties on matters that maybe mutually resolved and are not subject to collective
bargaining, grievance, or litigation processes.
ARTICLE 6
GRIEVANCE PROCEDURE
It is the intent of this Article to provide a means for the fair, expeditious, and orderly settlement
of disputes that arise under this Agreement betxwen the Union and/or a bargaining unit member and
the City. All employees and supervisory personnel should make every effort to settle differences at the
lowest possible step outlined in this Article.
Section 1. A grievance shall be defined as a timely complaint by an employee within the
bargaining unit regarding the interpretation or application of specific provisions of this Agreement.
The grieving individual must state in writing the remedy sought to resolve the grievance.
Section 2. All grievances filed shall refer to the specific Article and Section of this
Agreement upon which the grievance is based and shall contain a concise statement of the facts alleged
to support the grievance. Any grievance relating to disciplinary action shall be signed by the employee
initiating the grievance. A grievance relating to an alleged contract violation other than disciplinary
action may be filed by, and signed by, the Union on behalf of an employee(s) but must specify the
affected employee(s) by name. All information must be furnished No grievance may be amended
from the original written grievance filed at the initial step of the grievance procedure. The Union
agrees to deliver copies of the initial grievance and of each successive written step of processing for the
grievance to the City Manager or his/her designee within forty-eight (48) hours of its submission to the
appropriate official within the Police Department.
Grievances shall be processed in accordance with the following procedure and shall be
determined by application of the term of this Agreement. Where the term "working days" is used in
this Article, it shall refer to Monday through Friday. Saturdays, Sundays, and days designated as
holidays for managerial employees of the Police Department or the City Managers office are excluded
from the teml "working days." The time limits for filing the grievances and processing subsequent
steps in the grievance process shall be strictly construed but may be extended by mutual agreement
evidenced in writing and signed by a duly authorized representative of the City and the grieving party.
Failure of the grievant to comply with any of the time limits set forth hereunder shall constitute waiver
and bar further processing of the grievance. Failure of the City to comply with the time limits set forth
hereunder shall automatically move the grievance to the next level in the grievance process.
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Probationary employees shall not have access to the grievance procedure for failure to
satisfactorily complete the probationary period, but will be allowed to grieve other forms of discipline
for which they are charged for specific infractions or violations of City or departmental rules,
regulations, orders or other documents regulating conduct. The right of management to demote a
probationary employee for failing to meet standards is absolute and no specific reason shall be given.
Section 3. On behalf of employees covered by this Agreement, the Union hereby waives
any right of these employees to resort to the Civil Service Board concerning any matter that is defined
in this Agreement. This shall specifically include grievances relating to suspensions, demotions and
dismissals.
Section 4. Formal Processing of Grievances Initiated By Employee
The aggrieved employee may request that a Union representative be present at any time during
the grievance procedure.
STEP 1
An aggrieved employee (Police Sergeant or Police Lieutenant) shall present his/her grievance in
writing to the Police Captain in his/her respective Division, or to the Deputy Police Chief if the
employee is not assigned to a specific Division Captain, within ten (10) worldng days after the
employee has knowledge or constructive knowledge of the occurrence of the action giving rise to the
grievance. The written grievance at this step, and at all steps thereafter, shall contain the following
information
1. A statement of the grievance including date of occurrence, details, and the facts upon which the
grievance is based
2. The Article and Section of the Labor Agreement alleged to have been violated
3. The action, remedy, or solution requested by the employee.
4. Signature of aggrieved employee and Union representative.
5. Reason for rejection of management's answer, if appealed (Steps 2 and 3 only).
6. Date submitted
Grievances submitted at this step shall be reviewed and returned to the grievant if the form
does not contain the above information The grievant shall be notified of the insufficiency and
afforded an opportunity to correct and resubmit the grievance within twD (2) working days of its being
returned to him/her. As used in this Article, the term "employee" shall also mean a group of
employees having the same grievance. In such event, one aggrieved employee shall be designated by
the group of employees to be responsible for processing the grievance. The Police Captain or Deputy
Police Chief receiving the initial grievance shall review the grievance and meet with the employee and a
Union representative if one is requested and shall submit a response in writing to the aggrieved
employee within ten (10) working days from the date the grievance was presented to him/her. The
written response at this step and all steps thereafter shall contain the following information
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1. An affirmation or denial of the facts upon which the grievance is based
2. An analysis of the alleged violation of the Agreement.
3. The remedy or solution, if any, to be made.
4. Signature of the appropriate management representative.
Where the Police Captain or Deputy Police Chief determines that he/she is unable to respond
due to circun-istances of the grievance which may require a decision at a higher level, he/she may
respond by denying the grievance.
STEP 2
If the grievance is not resolved at Step 1, the aggrieved employee may submit the grievance to
the Police Chief within ten (10) worldng days from receipt of the response in Step 1. Such submission
of the grievance at Step 2 shall be in writing. The Police Chief or designee shall obtain necessary facts
concerning the alleged grievance and shall, within seven (7) wurkng days following receipt of the
grievance at Step 2, meet with the aggrieved employee and a Union representative if one has been
requested The Police Chief or his/her designee shall notify the aggrieved employee of his/her
decision in writing not later than seven (7)working days following the meeting day with the employee.
STEP 3
If the grievance is not resolved at Step 2, the grievance and all responses thereto may be
submitted to the City Manager or his/her designee within ten (10) working days of the time the
response was provided in Step 2. At the request of the employee, the City Manager or his/her
designee shall meet with the employee and a Union representative if one has been requested The City
shall determine who shall meet with the employee. Within ten (10) wUrking days of the meeting with
the employee, the City Manager or his/her designee will notify the aggrieved employee, in writing, of
his/her decision If a grievance is not submitted to the City Manager or his/her designee, it shall be
deemed to have been resolved at Step 2 or to have been dropped by the grievant.
Section 5. Formal Processing of Grievance Initiated By City
Where any provision of this Agreement involves responsibility on the part of the Union whid y
in the view of the City, is not properly being carried out, the City may present the issue to the Union as
a grievance. If such grievance cannot be resolved by discussion betvwen the City and the unit
representative on an informal basis, the grievance maybe formally filed in writing by the City Manager
or his/her designee by giving written notice to the authorized representative of the Union Such notice
shall indicate the provision of the Agreement which the City contends is not properly being carried out
by the Union If not resolved within ten (10) working days following receipt by the Union of the
written grievance, the City may submit the grievance to arbitration under the provisions of Section 6 of
this Article.
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Section 6. Grievance Arbitration
In the event that a grievance is still unresolved after Step 3 in Section 4 above or as provided in
Section 5 above, the matter may be submitted to final and binding arbitration as provided in this
Section
A. Within ten (10) working days of the decision of the City Manager or his/her designee, the
aggrieved party shall notify the City Manager or his/her designee of intent to arbitrate.
Concurrently, said party shall request from the Federal Mediation and Conciliation Service a list of
seven (7) names of qualified arbitrators. Within ten (10) wDrking days after the receipt of such a
list, representatives of the parties shall meet and each party shall strike three (3) names. The party
filing the grievance shall strike the first name, then the other party shall strike a name. The process
shall be repeated and the remaining name shall be the arbitrator selected The arbitrator shall be
notified of his/her selection As promptly as can be arranged, but no later than thirty (30) days
from the selection of an arbitrator, the arbitration hearing shall be held In the event that the
arbitrator selected is not available within the thirty (30) day time frame, the parties shall immediately
obtain a new list from the Federal Mediation and Conciliation Service and select another arbitrator
using the same process as previously referenced
B. Each party shall pay its own expense for its representative, counsel and witnesses. The fees of the
arbitrator, including the appearance fee of a court reporter and the cost of any transcript to be
provided to the arbitrator, shall be shared equally by the parties.
C. The decision of the arbitrator shall be final and binding upon both parties, except that either party
may petition for review in the circuit court. The arbitrator shall have no power to amend, add to,
or subtract from the term of this Agreement in rendering his/her decision and such decision shall
be limited to detemiination and interpretation of the explicit term of this Agreement. If the City
has denied the grievance on the basis that it was not timely filed and processed as required by this
Article and if the arbitrator finds that the grievance was not timely filed or processed, then the
arbitrator shall have no poor to grant relief. No decision of the arbitrator shall create a basis for
retroactive adjustment in any other case.
D. Copies of the decision of the arbitrator made in accordance with the jurisdiction and authority of
this Agreement shall be famished to both parties within thirty (30) calendar days from the date of
the hearing.
E. The arbitrator shall arbitrate solely the issue presented
F. Unless otherwise mutually agreed upon, the submission to the arbitrator shall be based solely on
the originally written grievance submitted in the grievance process.
Section 7. Grievances arising out of the discharge, demotion, or suspension of a bargaining
unit employee shall be initiated at Step 3 of the grievance procedure.
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ARTICLE 7
PERSONNEL PRACTICES
Section 1. Duties of Police Sergeants and Police Lieutenants
A. The Union agrees that the duties of Police Sergeants and Police Lieutenants involve both the
perfommance of general police duties and the supervision of designated police personnel. The City
agrees that no Police Sergeant or Police Lieutenant shall be required to perform duties or functions
not reasonably consistent with the job specifications and duties as set forth m their respective job
descriptions or reasonably related to the performance of functions of the Police Departmmeant.
B. The City agrees that Police Sergeants and Police Lieutenants shall not be required to change
automobile tires except in emergencies; nor shall they be required to manually push disabled motor
vehicles. Hover, they shall make appropriate efforts to remove such disabled motor vehicles
where the elimination of blocked or congested traffic flow or related safety needs is such as to
reflect that the disabled motor vehicles should be reasonably relocated from the scene.
Section 2. Special Duty Call Out
A. All employees who are covered by this Agreement shall receive notice of any special duty detail,
not less than five (5) wDrking days prior to that event.
B. This Section shall not pertain to emergencies or to unplanned or unscheduled events. Such
occurrences shall be conducted in accordance with established City policies and procedures.
C. Employees assigned to the criminal investigation division, patrol special operations section, traffic
section, or community policing team are subject to adjustments of their hours and/or days to
meet the circumstances at hand As much notice as possible will be given when adjustments are
necessary, but it is understood that hours must be flexible.
Section 3. Probation
An employee initially appointed or promoted to a class within the bargaining unit (Police
Sergeant or Police Lieutenant) shall serve a probationary period of six (6) months of active service
during which he/she shall have the opportunity to demonstrate to the satisfaction of the Police Chief
his/her suitability for the job. In the event the employee is for any reason absent from duty for an
accumulated period of eighty scheduled Aurk hours or more, then all such time shall be added to and
thereby extend the probationary period The employee shall attain regular status in the class at the
completion of the six-month period, unless the Department has notified Human Resources with just
cause for withholding such status.
An employee, who during the probationary period does not demonstrate suitability for the class
as determined by the Police Chief, shall be notified m writing and shall be denoted to his/her former
classification An employee serving a probationary period within the bargaining unit shall not be
entitled to appeal his/her non successful probationary period and/or return to his/her former
position
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Section 4. Promotional Procedures
A. Eligibility -- All Police Sergeants who have completed the promotional probationary period
successfully and who have served one year as a Sergeant following successful completion of the
probationary period shall be eligible to compete in the promotional process held by the City for the
classification of Police Lieutenant provided they have met the minimum qualification requirements
established by the City.
B. Evaluation Process -- The promotional process shall be competitive. It shall be based upon an
evaluation of the education and training of the candidates and their experience in the Clearwater
Police Department.
C. Upon promotion, employees shall be placed into the step in the higher level classification that
represents at least a 5% increase in base pay. Employees who at the time of promotion are
receiving job Assignment Pay in accordance with Article 9, Section 8 of this Agreement shall be
entitled to have incorporated into their base pay, prior to the calculation of the promotional
increase, the greater amount from paragraph A or paragraph B. Such employees shall be placed
into the step in the higher level classification that represents at least a 5% increase above the
combined rate of pay and shall thereafter be eligible to receive Job Assignment Pay and any other
additional pays in accordance with the respective term and conditions of this Agreement.
Section 5. Certification and Appointment
The Human Resources Depar<ine1t shall provide in alphabetical order a certified promotional
list for the filling of a vacancy in a permlent position The Police Chief shall provide each certified
eligible with the opportunity to be intervieiALd for the designated vacancy, provided hover that if a
candidate has been intervieiALd within the past one hundred and tvwnty (120) days for the position of
Police Lieutenant, such candidate shall not have to be interviewed. (All such candidates shall be
treated uniformly as to being re-intervieALd or not being re-interviewed.) Selection from the Eligible
List shall be at the sole discretion of the Police Chief and shall not be gnevable.
Section 6. Removal of Names from Eligible List
Names of eligibles for Police Lieutenant shall be removed from the Eligible List by operation
of anyone of the following
(a) Appointment through certification and selection from such list to fill a permlent position of
Police Lieutenant.
(b) Declination of appointment when appointment is offered bythe Police Chief.
(c) Separation from the City service of the eligible.
(d) Renwval from the employment area designated by the City when such residence was required
as a condition of employment or previous promotion
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(e) Determination by the City that the eligible willfully or knowingly gave false or wrong
information, withheld information, or was evasive in responses relating to his/her employment
background training, education or character.
Section 7. Productivity
The Union recognizes that productivity is of utmost concern to the City and is critical to the
provision of services to the citizenry in an efficient and cost effective manner. The Union
acknowledges, except as expressly limited by the provisions of this Agreement, that the City may
introduce new methods, processes and equipment, implement new technology, and establish work
measurement standards to determine performance levels; that it may develop flexible job assignments
and shifts; that it may establish innovative programs to improve the provision of police and related
public services or to reduce the cost of providing such services; and that it may take such other actions
as it deem appropriate to improve productivity.
Section 8 Training
In addition to the training required by the State for certification or recertification, schools,
training and career development courses as determined by the Department will be made available to all
bargaining urut members. Officers who desire to attend will complete the departmental training
request form and submit it to their supervisor.
All time spent in training which has been duly authorized by the Department shall be
compensated as hours worked unless all four of the following are met: (1) attendance at the training is
voluntary and (2) the training occurs outside the employee's regular work hours and (3) the employee
performs no productive work and (4) the training is not directly related to the actual performance of
the employee's present assignment. Employees assigned to training must receive approval from their
immediate supervisor prior to performing any additional wUrk outside of the actual time spent in
training while on the training assignment. All such work hours when duly authorized shall be paid in
accordance with the provisions of the Federal Fair Labor Standards Act.
The Department will select officers for attendance based on the needs of the Department.
Section 9. Light Duty Assignment
A. In the event an employee in the bargaining unit is unable to work at full-time duty but is certified
by a licensed physician to work light or limited duty, subject to the availability of light or limited
duty the City may assign such employee to an appropriate work assignment within the City of
Clearwater work force. However, assignments in any Department other than the Police
Department shall occur only in the event there are no available positions within the Police
Department which the officer would be capable of performing. Assignments outside the Police
Department shall be limited to only those positions which the officer is capable of performing, or
would be capable of performing with a reasonable amount of on-the-job training and effort, based
on the officers physical ability, suitability to the work to be performed, and skills required to
perform the work
B. The City shall have the right to direct an employee to a licensed physician of its choice to
determine if the employee is fit to work light or limited duty.
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C. Failure of the employee to Aurk light or limited duty when assigned may be grounds for
disciplinary action
Section 10. Personnel Records
It shall be the right of any member of the bargaining unit at reasonable times to inspect his/her
personnel file, and at his/her expense to make copies of such personnel file or portions thereof. When
a personnel record of a member of the bargaining unit is furnished to any citizen pursuant to a request
therefor, the City agrees to abide by current federal and state law and will not release any portion of the
employee's file which is not required to be released by law The employee shall be notified as soon as
possible whenever his/her Internal Affairs, Police Deparhnent, or Human Resources Deparhnent file
is accessed by someone other than the employee. If the employee is absent from duty his/her
immediate supervisor shall be notified and shall attempt to contact the employee, and if unsuccessful
shall inform the employee upon his/her return to work
Section 11. Residency Requirement
Except as provided by Departn-elt General Orders, any existing employees who move to a
different residence and all new hires as a condition of employment shall establish and maintain their
bona fide, permanent residence within the following geographical boundaries: Pasco County Pinellas
County, and Hillsborough County from the western boundary eastward to Interstate 75 only. When
response times are an operational factor in special duty assignments, the Police Chief may consider
residency location in selecting personnel to such special duty assignments. Employees may request
special permission from the Chief of Police to reside outside the specified areas. Violation of this
provision maybe grounds for discipline.
Section 12. Tobacco Product Usage
Employees in the bargaining unit hired on or after December 15, 1986, are prohibited from
smoking or chewing any form of tobacco product both on and off the job during their employment
with the City. In addition to the above, effective October 1, 2009 all bargaining unit members will
comply with the C 3/s Tobacco Product Usage Policy.
Section 13. Seat Belt and Safety Equipment Use
All employees are required to wear seat belts when driving or riding as a passenger in any City
vehicle or in a personal vehicle while on city business except in cases of operational necessity or when
a city vehicle does not have available seat belts. Whenever the employee is furnished with City safety
gear, he/she shall wear it whenever he/she is required to wear safety gear on duty.
The City shall issue each bargaining unit member with a bulletproof vest upon the request of
the officer, provided however that it shall be just cause for disciplinary action if an officer issued a vest
does not wear it as required while on field duty assignments in the Patrol uniform. Bulletproof vests
shall be accessible to bargaining unit members for use where required in situations as defined by
Departmental policy. An employee who has requested a bulletproof vest shall not be placed on patrol
duties or hazardous assignments until such equipment has been issued
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Section 14. Physical Examinations, Inoculations, and Fitness
A. The City and Union agree that the physical fitness of police officers is of importance to insure the
public of quality police service. The City will provide free and mandatory annual physical
examinations for each employee (to include an optional mammogram for females). The employee
may submit proof of satisfactory completion of an equivalent physical examination by a physician
of his/her choice. All employees whose physical fitness or medical status is deemed deficient in
some manner as a result of the physical examination shall be counseled by the Departnierlt and
shall be encouraged to undertake a fitness rehabilitation program in an effort to improve their
physical fitness and health
B. In the event that the Departnielt determines that an officer requires an inoculation or
immunization, then the same immunization or inoculation will be made available to the members
of the employee's household
C. Physicals will be administered no less than ten (10) months and no more than eighteen (18) months
apart.
D. The Department will attempt to schedule physicals while the employee is on duty. Any annual
physical fitness exam will also be administered during the employee's on duty time. Work
schedules of affected employees maybe subject to change in order to accomplish this objective but
only if the examinations cannot be scheduled during nomial work hours. Employees may also be
permitted with the approval of their supervisor to flex time within the same work week for time
spent taking the physical. It is the employee's responsibility to ensure that they physical is
completed, and no employee shall be paid for time spent taking a physical unless that time falls
within his/her assigned shift or other work hours that the employee has been permitted to flex.
The maximum amount of flex time permitted for employee physicals shall be two hours per office
visit up to a maximum of two visits unless otherwise authorized in advance by the Department.
E. The City shall provide free access for all bargaining unit members to any City recreational
facility. Additional fees for programs conducted at such facilities shall be borne by the
employee. It is understood by all parties that the decision whether to use such facilities is
completely voluntary on the part of the bargaining unit members, and time spent using such
facilities shall neither be paid nor will any accidents or injuries incurred while utilizing such
facilities be compensable under workers compensation
Section 15. Outside Employment
Outside employment of bargaining unit members shall be subject to provisions of the Cites
Civil Service or the Departmental Rules & Regulations governing outside employment, provided
further however, that police-related "extra-duty' employment shall be limited to a maximum of 20
hours per week During periods of unusual seasonal demand exceptions to the 20-hour maximum will
be considered by the Police Chief, or his/her designee, who shall approve or deny such requests in
his/her sole and unlimited discretion
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The City and Union agree that this Section shall upon the request of either party be reopened
for the purpose of negotiating mandatory subjects of bargaining related to "extra-dut/' employment
and any specific impact such program may have on any existing provisions or items affected by such
program. However, item affecting wages, hours, or term and conditions of employment shall be
implemented only upon mutual agreement of the parties.
Section 16. Funeral Detail
A. The Department shall permit one employee of this bargaining unit to be part of a funeral detail and
permit this detail to attend the funerals of any law enforcement officer within the State of Florida
who loses his/her life in the line of duty.
B. The City will supply the funeral detail with a marked cruiser for the purpose of attending funerals
as provided in (A) above.
C. The City shall not be responsible for the payment of expenses of this detail such as gas, oil, lodging,
and meals.
D. In the event the bargaining unit member who serves as the F.O.P. funeral detail is on duty at the
time of the funeral, he/she shall be released without loss of pay, provided hover, that such
member shall not be eligible during such time off for workers' compensation benefits in case of
injury.
E. This provision shall not be subject to any grievance procedure.
Section 17. Take-Home Cars
The City reserves the exclusive right to determine if and when bargaining unit members shall be
allo,ALd to take city vehicles home and further retains the right to discontinue any current usage at any
time.
Section 18. Legal Protection
The City agrees to defend any member of this bargaining unit who is sued for damages as a
result of actions taken in the scope of his/her employment with the City to the extent provided in
Chapters 111.065, 111.07, 768.28(9), and 768.28(19) FS. The employee agrees to cooperate with the
City in providing this defense.
Section 19. Copies of Municipal Code
The City agrees to provide copies of those portions of the City Code of Ordinances relating to
penal offenses to employees upon request.
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Section 20. Paycheck Issuance
Paychecks shall be available on the same day that the paycheck is dated to be issued to
employees both coming on and going off shift at their assigned Aurk location at the start or end of the
respective workday as applicable.
Effective 60 days following the date of approval of this Agreement by the City Council,
employees shall be required to elect to receive the entirety of their pay in either standard hard copy
paycheck format or through direct deposit by electronic transfer, and will not be permitted to split
their pay betxwen the two medium. Employees may elect to change from one payment medium to
the other at any time provided 14 days written notice is given to the Cit3/s payroll division
ARTICLE 8
LEAVES OF ABSENCE
Section 1. Holidays
A. There shall be nine (9) paid holidays. They shall be:
New Year's Day
Martin Luther King Day
Presidents Day
Memorial Day
Independence Day
Labor Day
Veterans Day
Thanksgiving Day
Christmas Day
January 1st
Federal Holiday
Federal Holiday
Federal Holiday
July4th
Federal Holiday
November 11
4th Thursday in November
December 25th
The City shall permit the use of bargaining unit seniority with existing bid practices to
determine whether an employee will wDrk on holidays and reserves the right to determine the
appropriate level of staffing and the schedule employees will observe on the holidays.
B. In the event that one of the above nan-ed holidays occurs during the course of an employee's
vacation, then the employee shall not be charged vacation leave for the holiday and/or the
employee's vacation shall be extended one day.
C. In the event that one of the above nan- d. holidays occurs while an employee is on paid sick/injury
leave, the employee shall receive holiday pay at his/her straight time rate and shall not be charged
sick/injury leave pay for that day. In the event the employee is on sick/iryuryleave without pay, or
any other form of time off without pay, the employee shall not be paid for the holiday.
D. Employees who Aurk on Christmas Day, New Year's Day, Independence Day, and Thanksgiving
Day shall be paid at a rate of 2-1 /2 times regular pay.
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E. An employee may be required to work all or part of any holiday even though it may be his/her
regularly scheduled day off. When a holiday falls on an employee's regular day off, 8-hour and 10-
hour employees are paid eight (8) hour's holiday pay. (Both types of employees have worked 40
hours and are paid 48 hours -- a full week plus one (1) holiday.)
F. An employee who is required to take the day off as a holiday when he/she would otherwise have
been working the day as part of his/her regular workweek shall receive holiday pay for the day in
accordance with his/her schedule and such hours shall count as hours worked towards the
calculation of overtime.
G. Floating Holidays -- In addition to the holidays named above, employees shall be entitled to four
(4) floating holidays. These days may be days off with pay and taken at the employee's request
provided that operations will not be interfered with and provided further that such days shall be
taken in full day increments. Floating holidays shall be awarded at the end of the first payroll
period of the payroll calendar year and must be taken by the end of the last payroll period of the
same payroll calendar year. An employee may elect to take up to four floating holidays as a cash
stipend In such case, the employee will be paid at the rate of eight (8) hours for each floating
holidayfor which the employee makes this election
Section 2. Vacations
A. Accrual of Vacation Leave
Vacation leave shall accrue on a biweekly basis based on hours in a paid status for all full-time
employees in accordance with the number of completed years of credited service as follows:
Completed Years of Service Biweeklv Accrual
0 3.077
1-2 3.077
3 3.385
4 3.692
5 4.000
6 4.308
7 4.615
8-10 4.923
11 5.231
12 5.538
13-14 5.846
15-19 6.154
20 & Over 6.462
Vacation Hours
0
80
88
96
104
112
120
128
136
144
152
160
168
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B. Use of Vacation Leave
1. All bargainmg unit employees are entitled to use at least tw® (2) weeks of accrued vacation
leave per year. Accrued vacation shall be authorized in any amount provided it does not
adversely affect department operations.
2. If service requirements permit and with the approval of the Department, an employee may
use his/her accrued vacation leave in increments of tenths of an hour.
3. The borrowing of vacation time prior to its accrual is prohibited
4. There is no advancing of vacation pay.
5. Employees may take compensatory time off in conjunction with a regular vacation if
authorized
6. During the period from the date of approval of this Agreement by the City Council through
September 30, 2010 only, the first three full days of vacation granted to each employee of
the bargaining unit for the entire period will be paid by the City and will not be deducted
from the employee's individual vacation leave accrual balance. Employees will continue to
accrue additional leave time for such hours in accordance with the established leave accrual
schedules and consistent with the provisions of this Agreement as they relate to accrual of
leave time f or hours in a paid status. However, all such hours taken that are paid by the City
and not deducted from the employee's individual vacation leave accrual balance will not be
counted as hours worked for the purpose of calculating overtime.
C. Maximum Accrual of Vacation Leave
The maximum amount of vacation leave that maybe accumulated is 320 hours.
D. Payment and Accrual During Military Leave
1. An employee granted an extended military leave of absence for active duty in accordance
with the Citys Emergency Military Leave Supplementary Compensation Policy shall be paid
all accrued leave upon the employee's request when the employee begins the extended
military leave.
2. An employee returning from an extended military leave of absence shall accrue vacation
leave for the period of military service not to exceed 320 hours.
E. Conversion to Sick Leave or Funeral Leave During Vacation Leave
1. The employee may request that vacation leave be changed to sick leave if the employee or
member of the employee's immediate family becomes ill for more than three (3) consecutive
days while the employee is on vacation leave.
2. The employee may request that vacation leave be changed to funeral leave, provided the
request is consistent with Funeral Leave provisions of this Agreement.
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F. Payment of Unused Vacation Leave
1. Payment of unused vacation leave will be paid upon retirement or voluntary separation of
the employee up to a maximum of 320 hours, provided the employee was not dismissed for
cause and has more than one year of continuous service. Payment will be made at the base
rate exclusive of any premium pay or shift assignment pay.
Section 3. Sick/Injury Leave
A. Sick Leave Accrual
E mployees shall accrue Sick Leave each payroll period based on hours in a paid status. E mployees
shall accrue 3.693 hours of sick leave on a biveeldy payroll basis -- (i.e., an employee on a 40-hour
wDrk week eams twelve (12) days per payroll calendar year).
B. Sick Leave Accrual Caps
E mployees may accumulate up to 1560 accreted hours.
C. Sick Leave Balance Transfers and Restoration
1. Sick leave balances are restored to an employee recalled from layDff or returned from a leave of
absence.
2. Sick leave balances remain the same upon transfer to another department or classification
3. No sick leave balances are restored after a break in service.
D. Calculation for Use of Sick Leave
Sick leave maybe authorized for increments of tenths of an hour.
E. Authorized Use of Sick Leave
Sick leave is not a privilege to be used at the employee's discretion It shall be authorized only for
absences:
1. Due to personal illness or physical incapacity.
2. Due to exposure to contagious disease in which the health of others Au did be endangered by
the employee's attendance on duty.
3. Due to dental appointments, physical examinations, or other personal or family sickness
prevention measures.
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4. Due to illness of a member of the employee's immediate family which requires the employee's
personal care and attention "Immediate family" shall mean parents, stepparents, grandparents,
children, stepchildren, grandchildren, brothers, sisters or present spouse of the employee and
the "immediate family" of the employee's spouse or other family member living in the
"immediate household"
F. Authorization of Sick Leave
1. An employee requesting authorization of sick leave shall inform an on-duty supervisor or the
desk officer at least one-half hour prior to the regularly scheduled reporting time the specific
reason and where (phone number and address) the employee will be while on sick leave. This
address and phone number will be updated whenever the address or phone number changes
during the period of sick leave.
2. Failure to do so maybe the cause for denial of sick leave and other disciplinary action
G. Payment for Unused Sick Leave
Upon separation from City service, an employee shall be paid for one-half (1/2) of his/her
accumulated unused sick leave up to 1560 hours. The rate of payment shall be based on the
regular hourly rate (excluding shift differential or any other addition to base pay) of the employee
on the last day wDrked prior to separation Payment shall be made provided:
1. The employee has had at least t"unty (20) ears of continuous service with the City. Leaves of
absence without pay, suspensions and layoffs followed by subsequent re-employment shall not
be considered as breaks in service. The length of such time off or layoff shall be deducted from
the total length of service. Mlitary leaves and leaves during which the employee is receiving
Workers Compensation shall not be deducted from continuous service; or
2. That the separation is involuntary on the part of the employee, including disability (incurred on
or off the job) and layoffs; or
3. The employee's estate shall receive payment if an employee dies.
4. An employee who has been dismissed for cause shall have no claim for sick leave payment.
An employee may request that one-half (1/2) the payment for unused sick leave be made at
separation and one-half (1 /2) the payment be made in the first payroll period in the next calendar
year.
H. Injury From Other Employment
An employee may not utilize accumulated sick leave for absences resulting from an injury
arising out of and in the course of employment other than City employment, for which monetary
or other valuable consideration is received or expected Any employee who utilizes accumulated
sick leave, or who attempts to utilize accumulated sick leave, for absences resulting from an injury
arising out of and in the course of employment other than City employment, may be suspended or
terminated
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1. Use of Leave After Accrual
Employees may be authorized to use sick leave after it is accrued. The employee may be
required to submit acceptable evidence such as a medical certificate from a medical doctor to
substantiate the reason for requesting sick leave.
J. Bonus Leave Days
Following a payroll calendar year that a bargaining unit employee uses no sick leave, or less than
twD days of sick leave, the employee will be awarded Bonus Leave Days in accordance with the
following chart. Bonus Leave Days must be used in full day increments. Bonus Leave Days must
be used before the end of the payroll calendar year for which they are awarded. At the end of each
payroll calendar year, employees may elect to be paid the cash equivalent based upon the
employee's current base rate of pay for any Bonus Leave Days not used during the payroll
calendar year.
Assigned Shift Amount of Sick Leave Bonus Leave Days
Used Awarded
Eight or Ten Hour Shifts Zero Time 2
Eight or Ten Hour Shifts More than zero time but less 1
than 2 days
Combination of Eight More than zero time but less 1
and Ten Hour Shifts than 2 days combined as:
• 2 Eight-hour days
• 2 Ten-hour days
• 1 Ten-hour day and
1 Eight-hour day
1. A payroll calendar year begins with the first day of the first payroll period for the first pay check
date in the calendar year and ends with the last day of the last payroll period for the last pay
check in the calendar year.
2. Bonus Leave Days are not included in overtime calculations.
3. Upon an employee's separation from the City, the employee will receive a lump sum payment
for his/her remaining Bonus Leave Day-balance.
Section 4. Leave Pool
A joint leave pool will be established by the members of the Fraternal Order of Police Lodge No.
10 and Fraternal Order of Police Supervisors bargaining units, such leave pool to be available for use
by members of both bargaining units, subject to the following provisions:
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A. The purpose of the leave pool is to provide leave to bargaining unit members who face significant
time off without pay due to a serious illness or qury, whether job-connected or non-Job-
connected, or serious illness or qury to a family member covered under the family sick leave
policy. The leave pool may not be used for short time periods where an employee may be without
pay. Short time shall be defined as less than thirty (30) calendar days.
B. A committee shall be formed and the committee shall determine use of the leave pool days, subject
to the above purposes and limitations.
1. The committee shall consist of twD (2) members designated by each bargaining unit, and one
employee designated by the other four members.
2. The committee shall review employee needs and circumstances consistent with the provisions
of the leave pool and shall determine eligibility for and the amount of pool leave time that may
be provided to employees. The committee may establish procedures, forms, and other rules
necessary for its effective operation, provided they are consistent with the provisions of this
Section
3. The committee's decisions are final and are not grievable. An employee may ask for
reconsideration by the committee in accordance with rules established by the committee.
4. Bargaining unit members may donate days at 100% value from their vacation, sick leave or
floating holiday balances to the leave pool one time per yex unless the number of days in the
leave pool becomes less than fifty days, whereby the committee may open up the opportunity
for additional donations to be made during the calendar year.
(a) No employee shall be permitted to donate more than four (4) days of leave per y1ex to the
pool unless modified with the prior approval of the City Manager.
(b) All donations of pool leave time must be in full day increments based on the employee's
full time, regularly scheduled day (i.e., an eight-hour or ten-hour day is a full day).
(c) Donations of pool leave time are irrevocable.
(d) No dollar value shall be placed on leave donations. All donations and all authorized usage
shall be computed as day for day.
5. In order to be eligible to receive leave time from the joint leave pool, employees must have
donated a minimum of one (1) day to the joint leave pool with the past tw1ve months prior to
make g application for leave from the pool. Newly hired employees shall be exempted from
the requirement to donate a minimum of one day to the leave pool prior to requesting time
from the leave pool for a period of one (1) yt-x from the date of their employment with the
City.
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Attachment number 1
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6. When pool leave time is authorized by the committee for use by an employiee, it shall be on a
day-for--day basis, irrespective of whether the employiee works an eight-hour or ten-hour shift.
An employee using leave pool time shall receive regular base pay and his/her regular shift pay;
however, other pays shall not be provided with leave pool days (e.g., lead pay, acting pay,
special assignment pay, etc.). Pool leave time granted shall be limited to 60 days in any 12
month period for each pool leave time recipient, except that requests from the Union for time
in excess of 60 days to be granted from the leave pool to a recipient may be approved at the
sole discretion of the City Manager/designee.
7. Pool leave time not used in a given y1ex by the employiee receiving the donated pool leave time
shall be returned to the leave pool and carried over to the next y1ex. No donated pool leave
time will be refunded to the donor.
Section 5. Funeral Leave
A. Each employee shall be allowed up to forty (40) hours funeral leave with no loss of pay and no
charge against sick/qury leave in the event of a death in the "immediate family." 'Immediate
family' shall be defined as the following members: spouse, child stepchild mother, stepmother,
father, stepfather, grandfather, grandmother, grandchild brother, or sister of the employiee or the
employt,e's spouse.
B. Additional funeral leave for a death in the immediate family may be granted with the approval of
the Police Chief.
C. E ach employee shall be allowed up to two (2) consecutive Aurk days at any one time for a death of
a member of the "extended family' chargeable to sick/iryury leave. "Extended family' shall be
defined as the following family members: stepbrothers, stepsisters; brothers wife; sisters husband
or other family member living in the employees inmate household Additional time, chargeable
to sick/iryuryleave, maybe granted with the approval of the Police Chief.
D. An employee must attend the funeral in order to receive pay for a death in the family.
Section 6. Military Leave
Any regular or probationary employee in the classified service being inducted or otherwise
entering the armed forces of the United States in time of war, or pursuant to the Selective Service Act
of 1948 as amended or of any other law of the United States, shall be granted military leave of absence
without pay for the period of the military service required of him/her and on completion thereof, be
reinstated in the City service in accordance with the following regulations:
A. Military leaves shall be granted in accordance with the provisions herein except where said
provisions maybe superseded by federal law.
1. For inductees, the minimum period of time required to be served;
2. For enlistees in time of war, the period of the first minimum enlistment, or for such additional
period of time required to be served
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Attachment number 1
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3. For reservists, the minimum period of time required to be served
4. For pre-induction physical examination when so ordered by a Selective Service Board, time off
shall be granted for the minimum period necessary to comply with such order but shall in no
case exceed twD (2) regularly scheduled Aurk days;
5. For required active or inactive training duty as a member of the Reserve Component or the
National Guard falling on the employee's regularly scheduled Aurk days, the employee shall be
alloiALd up to a maximum of seventeen (17) work days per year without loss of seniority rights
or efficiency rating. Absence from duty for required military reserve training in excess of
seventeen (17) days per year or for any non required military reserve training for which the
employee initially volunteered shall not be compensated by the City. A copy of the employee's
military orders certifying his/her training assignment shall be submitted by the employee to the
Police Chief immediately upon receipt by the employee. An employee who is required to
attend military duty training which falls or occurs during regular working hours and which
exceeds the seventeen (17) wDrk days provided above will be granted time off without pay.
The employee shall be required to provide timely notice to the City of such training
assignments. Failure to provide any of the timely notices herein required of an employee's
military orders to the Police Chief shall be considered just cause for disciplinary action not to
exceed a three (3) day suspension
B. For the purpose of this Section, "armed forces" shall be defined to include:
1. The Army, Navy, Marine Corps, Air Force, Coast Guard and National Guard
2. The auxiliary services directly necessary to and actually associated with the armed forces of the
United States, as maybe determined by the City.
C. Application for reinstatement must be made within ninety (90) calendar days from date of
discharge or release, or from hospitalization continuing after discharge for a period of not more
than one year. Such application shall be in writing to the Human Resources Director and shall be
accompanied by evidence of honorable discharge or release.
D. Upon return from military leave, the employee shall be reinstated in the City service in accordance
with the following regulations:
1. If still qualified to perform duties of his/her former position, the employee shall be restored to
such position or to a position of like seniority, status and pay,
2. If not qualified to perform the duties of his/her former position by reason of disability
sustained during such service but qualified to perform the duties of any other position in the
employ of the City, the employee shall be restored to such other position, the duties of which
the employee is qualified to perform, as will provide the employee with like seniority, status and
pay, or the nearest approximation thereof consistent with the circumstances in his/her case.
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Attachment number 1
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3. In the event there exists no vacancy in the appropriate class and there is an employee in such
class serving a probationary period who has not acquired regular status, then such probationary
employe shall be ]aid off or returned to a former position in which the employee had acquired
permanent status and the returning employe reinstated
4. If a returning employe has regular status and cannot be reinstated under the provisions of
paragraph (3) above, then the employe having been employed in the appropriate class for the
shortest period of time shall be laid off or returned to a former position in which he/she had
acquired pernment status and the returning employe reinstated
5. A returning employee shall have the same status as prior to the beginning of his/her military
leave. The employe shall be allowed to take any subsequently administered examinations after
return that he/she wDUld have been eligible to take had he/she not been on military leave and
to complete any uncompleted period of probation No grievance shall be filed by any other
employe in connection with this paragraph
6. The employe shall submit to such medical and/or physical examinations as the appointing
authority shall deem necessary to determine whether or not such military service has in anyway
incapacitated him/her for the wDrk in question, provided however, that as far as practicable any
employe returning with disabilities shall be placed in such employment as the appointing
authority shall deem suitable under the circunnstances.
7. Any regular or probationary employe receiving a dishonorable discharge from the armed
forces shall not be reinstated to any position in the City service.
8. An employe granted a military leave of absence shall, insofar as possible, have all the rights and
privileges he/she would have had if he/she had remained on duty including cumulative
seniority, and except as otherwise provided in this Agreement, applicable Civil
Service/Personnel Rules, or City benefit policies, all other benefits dependent on length of
employment to the same extent as if the employe had not been absent on such leave.
An employe returning from military service shall be reinstated to active City service at the earliest
possible date following application for such reinstatement, consistent with the best interests of the City
service and taking into consideration necessary adjustments of staff. However, in no event shall this
period be more than thirty (30) calendar days. The City shall have the right as part of directing the
employee's duties upon returning to wDrk, to assign the employe to such training as is necessary in its
judgment to ensure the employee's familiarity with job duties and knowledge.
Section 7. Time Off
A. An employee shall be granted necessary time off from his/her duties with pay for any of the
following reasons when such time off does not in the judgment of the Police Chief interfere with
the operations of the Departmeant:
1. For participation in promotional examinations held by the City.
2. For serving on a jury. The employee shall be required to furnish proof of such service and shall
wDrk any part of his/her regular schedule when not required to serve on said jury.
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Attachment number 1
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3. When directed by the City Manager or Police Chief to attend professional or other
conventions, institutes, courses, safety meetings or other meetings, including in service training
or in-service meeting. Employees who wish to attend career development training may be
granted time off from duty with pay to attend such training, howUver compensation for such
training shall be in accordance with Article 7, Section 8 of this Agreement.
B. An employee may be granted time off without pay for attendance at meetings other than those
specified above or to attend to urgent personal business, provided that such employee shall request
approval from the Police Chief in sufficient time to permit the Police Chief to make arrangements
therefor, and further provided that such time off will not affect the efficient operation of the
Department in the sole and unlimited discretion of the Police Chief.
C. With the prior approval of the City Manager and Police Chief or his/her designee, and when the
employee is acting in an official capacity on behalf of the City, an employee may be granted time
off from his/her duties for acting as an active or honorary pallbearer at a funeral or for attendance
at state funerals, funerals of City officials, or employees or their spouses, or for military or fraternal
funerals. Such time off may be granted with or without compensation at the sole and unlimited
discretion of the Police Chief and the City Manager or their designees. For the above occasions
only, the Departinelt shall provide all expenses for up to a total of two designated Honor Guard
members from the Department, as well as transportation and fuel costs for any other Honor
Guard members permitted to be released from duty in accordance with Deparhnelt staffing
requirements.
Time off with compensation under any of the provisions of this Agreement (including vacation
and sick/injury leave) shall not be required to be made up.
Section 8. Leave Without Pay
A. A regular employee may, on written application therefor, be granted a leave of absence without pay
upon the prior approval of the City Manager or his/her designee for any of the following reasons:
1. The physical or mental disability of the employee;
2. The employee has announced his/her candidacy for public office;
3. The employee is entering upon a course of training and/or study for the purpose of improving
the quality of service to the City and/or of fitting himself /herself for promotion in the
classified service;
4. Extraordinary reasons, sufficient in the opinion of the City Manager, to warrant such leave of
absence.
5. Matemity/child care leave in accordance with the Cites Family and Medical Leave Act Policy
to enable a parent to care for a newborn, newly adopted, or seriously ill child, provided
however that if both parents are employees of the City, only one parent at a time may take
maternity/child care leave.
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Attachment number 1
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B. Leave for any of the above reasons shall be subject to the following regulations:
1. Such leave shall not be granted for more than six (6) months, but may under the provisions of
the paragraphs above be reneA;ed upon written application therefore by the employee and
approval of the City Manager.
2. An employee granted a leave of absence hereunder shall except as hereinafter provided be
restored to his/her former position on the expiration of leave, or if requested in writing by the
employee and approved by the City Manager, before the expiration thereof.
3. In the event that it is determined by the City Manager that it wDuld not be in the best interest of
the City to restore such employee to his/her former position or in the event that the former
position has been abolished in the meantime, the employee shall be placed at the head of the
reemployment list for the class or positions nearest approximating that in which he/she was
employed immediately prior to such leave, provided the employee is physically and mentally
qualified for such position Should the names of twD or more employees returning from leave
be placed on the same reemployment list, the names shall be arranged in order of seniority.
ARTICLE 9
WAGES AND COMPENSATION
Section 1. Wages
A. The Pay Schedules shall be in accordance with Appwadix A.
B. Rules for Administering the Pay Schedule
Employees in the bargaining unit shall be eligible for perfornmance review on their promotional
anniversary date on an annual basis and considered for subsequent merit step advancement based
on satisfactory evaluations, except as provided elsewhere in the provisions of this Section
Employees in the top step in their respective range shall not be eligible for merit increases,
however, an annual perfornmance evaluation shall be conducted on the employee's promotional
anniversary date. E ligibility for review for within pay schedule increases shall be as follows:
Police Sergeants
Step 1- Original appointment
Step 2 - At the end of one year of satisfactory service in step I.
Step 3 - At the end of one year of satisfactory service in step 2.
Step 4 - At the end of one year of satisfactory service in step 3.
Step 5 - At the end of one year of satisfactory service in step 4.
Step 6 - At the end of one year of satisfactory service in step 5.
Step 7 - At the end of one year of satisfactory service in step 6.
Step 8 - At the end of one year of satisfactory service in step 7.
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Attachment number 1
Page 34 of 47
Police Lieutenants
Step 1- Original appointment
Step 2 - At the end of one year of satisf actory service in step 1.
Step 3 - At the end of one year of satisf actory service in step 2.
Step 4 - At the end of one year of satisf actory service in step 3.
Step 5 - At the end of one year of satisf actory service in step 4.
Step 6 - At the end of one year of satisf actory service in step 5.
Step 7 - At the end of one year of satisf actory service in step 6.
C. Responsibility for Perforn-once Evaluations
Performance evaluations shall be based on a review of the employee's job perforn-once and
adherence to departineltal rules, regulations and procedures. Perforn-once evaluations will be by
the employee's immediate supervisor and revieiA? by Police Department senior management
personnel and the office of the Police Chief.
D. Denial of Merit Step Advancement and Effect Upon Advancement
E mployees who receive an evaluation on their promotional anniversary date of less than
Satisfactory shall not be granted a merit step advancement on their promotional anniversary date.
Such employees may be reevaluated after three months, and if then rated satisfactory shall be
granted a merit step advancement on that date. The effective date of this increase shall be utilized
for the purpose of determining subsequent annual merit review dates. If the three-month follow=
up rating is still less than satisfactory, the employee shall be reevaluated in another three months. If
then rated satisfactory, the employee shall be provided a merit step advancement as of the second
three-month follow=up review The effective date of this increase shall be utilized in the future as
them promotional anniversary date for the purpose of determining subsequent annual merit review
dates. If still rated less than satisfactory, no merit step advancement shall be made and the
employee will be evaluated on his/her regular promotional anniversary date.
E . The parties agree this Section may be re-opened upon the written request of either party no sooner
than 90 days prior to September 30, 2010 for the purpose of negotiating rates of pay and/or
adjustments to pay range minimum and rnaximunis, for any bargaining unit members or
represented job classifications for the period from October 1, 2010 through September 30, 2011.
The parties agree the amount of the general wage increase and/or adjustments to the pay ranges
shall not constitute a reduction in rates of pay or pay ranges in effect at the time of the change, if
any. The provisions of the pay schedule of steps described in Section 1, B. of this Article shall not
be subject to the reopener.
The parties further agree this Section maybe re-opened upon the written request of either party
no sooner than 90 days prior to September 30, 2011 for the purpose of negotiating rates of pay
and/or adjustments to pay range minimum and maximums for any bargaining unit members or
represented job classifications for the period from October 1, 2011 through September 30,
2012. The parties agree the amount of the general wage increase and/or adjustments to the pay
ranges shall not constitute a reduction in rates of pay or pay ranges in effect at the time of the
change, if any. The provisions of the pay schedule of steps described in Section 1, B. of this
Article shall not be subject to the reopener.
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Attachment number 1
Page 35 of 47
Section 2. Work Week and Overtime
A. Normal Work Week The normal w®rk week for employees in the bargaining unit shall consist of
forty (40) hours of working time. Generally, the employee will w®rk five (5) days of approximately
eight (8) hours per day, or four (4) days of approximately ten (10) hours per day, however, the City
and Department may otherwise establish and flex an employee's schedule as necessary in their
judgment to best provide police services in an effective and efficient manner. No employee shall
be sent home prior to the end of his/her regularly scheduled shift for the purpose of denying
overtime pay, nor shall any employee have his/her work schedule altered in an arbitrary or
capricious manner.
B. Overtime: Employees shall be required to work overtime when scheduled or ordered by
competent authority. Employees shall be paid time and one-half their regular rate for all hours
worked after the employee has actually worked forty (40) hours in that work week Only hours
actually worked wall count as hours worked for the purpose of computing overtime pay, unless
otherwise specifically provided in this Agreement.
Section 3. Compensatory Time Allowance
Employees will be permitted to request to be granted compensatory time in lieu of overtime
payment, up to a maximum cumulative accrual of 120 hours of compensatory time. At no time may
an employee's total accrual of compensatory time exceed 120 hours. Compensatory time accrual will
be at time and one half for each hour selected in lieu of premium overtime payment. Requests to use
compensatory time shall be made to the employee's immediate supervisor. Compensatory hours off
shall be considered as hours worked in computing overtime under this Article. Payment for
compensatory hours will be made for all time exceeding the 120 hour limit, or for any hours when
requested in writing by an employee. Employees shall be paid for all compensatory time upon
separation from City service.
Section 4. Shift Differential
Employees shall be entitled to shift differential pay as follows:
A. For purposes of computing shift differential pay, the following shift series and payments are
established
Shift Series No. Hours Payment Per 14 Day Period
100 2400-0700 70%
200 0700-1600 0%
300 1600-2400 5%
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Attachment number 1
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The 5% shift differential for the Lieutenant Patrol evening shift rotation shall be distributed
evenly among the number of Lieutenants assigned to the Patrol evening shift rotation In the
absence of a Lieutenant Patrol evening shift rotation, shift differential will only be paid to the
Lieutenants actually working evening or midnight shifts.
The shift differential payments shall be computed as a percentage of the employee's base pay.
B. An employee's shift differential shall be determined by the shift series into which the majority of
the weekly hours of his/her regularly assigned shift for the scheduled shift cycle falls and without
regard to the starting or ending time of the employee's shift. Temporary shift or duty assignments
of less than fourteen (14) calendar days shall not entitle an employee to shift differential pay.
Employees shall maintain shift differential pay during temporary Series 200 shift or duty
assignments of less than fourteen (14) calendar days.
C. Shift differential pay shall be paid to any employee regularly assigned to a Series 100 or 300 shift
and shall not be prorated on account of vacation, holidays or other paid time off.
Section 5. Standby Pay
A. Standby, other than court standby, for the purpose of this Section shall occur when the Police Chief or
his/her designee places an employee on standby status and requires that the employee provides a
telephone number at which he/she can be reached for the purposes of a Telephone Alert situation
B. An employee assigned to standby will receive a flat fee of:
$15.00 per night, Monday through Friday (except Holidays)
$30.00 per night for Saturday, Sunday, or any Holiday listed in Article 8, Section 1, Paragraph A
of this Collective Bargaining Agreement.
C. Only the Police Chief or his/her designee may place an employee on standby. This Section will
only apply to Telephone Alert situations.
Section 6. Recall Pay
Any employee who is recalled to duty after having left for the day, or on a regularly scheduled
day off, or more than three (3) hours prior to the start of his/her regularly scheduled tour of duty, shall
be guaranteed a minimum of two (2) hours pay or two (2) hours work For the purpose of this
Section, recall is defined as the unscheduled calling back or call in of an employee to perform needed
work after the employee's regular shift ends and the employee has already left the job or on a weekend,
holiday, or other equivalent period during which the employee would not otherwise have worked and
shall include any duty, detail, response to a lawful order for which the employee can be disciplined for
his/her failure to comply. Recall specifically excludes court appearances. Police officers will be paid
only for the actual time worked for any self-initiated police action taken while off duty and all such
hours shall count as hours worked toward the calculation of overtime. Any employee recalled while on
vacation shall be paid at time and one-half for all hours worked on the recall assignment.
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Attachment number 1
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Section 7. Acting Pay
If an employee is assigned to act in a higher classification for more than twD (2) consecutive
complete payroll calendar Aurk veeks (Saturday through Friday), the employee shall receive five (5)
percent above the employee's base pay retroactive to the date the employee assumed the Acting status.
When a bargaining unit employee is designated to serve in an acting capacity as a Police
Captain, such employee shall remain eligible to receive shift differential pay, overtime, and assignment
pay. Any provisions of this Agreement which restrict the City's ability to schedule hours of wDrk or
shifts shall not apply.
Section 8. Job Assignment Pay
A. Sergeants who are assigned to the Criminal Investigations Division, Office of the Chief, Support
Services Division, Traffic Unit, and the Field Training and Evaluation Program shall be granted job
assignment pay at 5% over the employee's current base rate of pay.
Lieutenant who are assigned to the Criminal Investigations Division, Office of the Chief, Support
Services Division, District Conmmders, Special Operations, and the Field Training and Evaluation
Program shall be granted j ob assignment pay of 5% over the employee's current base rate of pay.
B. Sergeants who are assigned to Community Policing Squads, Mobile Conmmd Center operator,
Patrol Support Supervisor, SWAT Team, Canine Officer, Crime Scene Photographer, or Traffic
Homicide Investigator shall be granted job assignment pay of the following amounts in addition to
the employee's current base rate of pay.
October 1, 2009 through September 30, 2012 - $40 per payroll period
C. An employee may participate in more than one Job Assigntrielt but may not receive more than one
Job Assigntrielt Pay differential from group (A) above nor more than one Job Assignment Pay
differential from group (B) above, but may receive one Job Assignment Pay differential from group
(A) above in addition to one Job Assignment Pay differential from group (B) above.
Bargaining unit members designated as certified Bi Lingual in accordance with department
specifications shall be provided $50.00 per payroll period in addition to the employee's current base
rate of pay over and above the assignment pay differentials listed above.
D. The above referenced assignments shall be made at the discretion of the Police Chief from a list of
interested candidates who have been determined to be qualified for such based on criteria
developed by the Department. The number and duration of such assignments may vary and shall
be at the discretion of the Dejx-utr?1t. Should reduction of the number of employees in an
assignment be necessary, such reduction shall be based upon the bargaining unit seniority of the
employees in the affected assignment.
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Attachment number 1
Page 38 of 47
Section 9. Canine Assignment
A. Employees covered by this Agreement who are assigned as canine officers shall normally work
for seven hours and fifteen minutes per work day for five (5) days per week on regular duty with
or without their canine(s). On those regular work days, they shall also be credited with
forty-five minutes work time for time in the care and handling of their canine(s). This time shall
be the customary and average amount of time spent by a canine officer on a duty day. On the
officers' days off from regular duty, they shall be credited with 30 minutes of work time for time
in the care and handling of their canine(s). Such time shall be based on their regular rate of pay
and shall be paid at straight time or an overtime rate depending upon total hours worked during
the week It is recognized that on off-duty days the officer's responsibilities for care and
maintenance are reduced
B. Advance approval shall be required from the appropriate Police Captain or higher level manager
before a canine officer can work any additional overtime in care and maintenance activities.
C. No work time is to be used by an officer to prepare or train for participation in canine
demonstrations or competitions, except as scheduled by the Department in accordance with
standard operating procedures established by the Department and approved by the Police Chief .
In the sole discretion of the Police Chief, canine officers may be scheduled to attend
demonstrations or competitions. Time involved in demonstrations or competitions shall be
limited to the officer's regular weekly duty hours (40 hours) unless previously approved in
writing by the Police Chief or his/her designee. Due to the scheduling of demonstrations or
competitions, hours and/or days of work are subject to adjustment to meet the circumstances at
hand
D. Assignment and the removal of assignment as a canine officer is the sole prerogative of the
Police Chief or his/her designee, and assigned pay shall only be provided during the period of
such assignment as authorized by the Police Chief or his/her designee.
E. All Department Standard Operating Procedures relating to canine use, care, maintenance, and
other aspects of the program as established by the Police Chief shall apply.
F. Effective October 1, 2009 to September 30, 2012, a monthly allowance of $125.00 shall be
provided for each dog kept at the employee's home for supplemental food, medical grooming,
pest control, and related needs associated with care of the canine.
Section 10. Court and Standby Time
Any employee who is subpoenaed or otherwise required to appear in county or circuit court as
the result of a matter arising out of the course of his/her employment shall receive a minimum of three
(3) hours pay if such attendance is during the employee's regularly scheduled time-off. This provision
shall also apply when the employee is subpoenaed or otherwise required to appear at the State
Attorneys Office, Public Defender's Office, private attorneys office, or Driver License hearing in a
criminal, traffic, or civil case arising from the employee's course of employment. When an employee is
subpoenaed or otherwise required to appear at the State Attorneys Office at the Police Department
during his/her regularly scheduled time off, the employee will receive a minimum of two (2) hours pay.
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Attachment number 1
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All time paid for any court attendance will count as time worked toward the calculation of overtime.
Travel time outside of required scheduled work hours in response to subpoenas in Pinellas, Pasco, or
Hilsborough counties is not compensable. Travel time outside of required scheduled work hours in
response to subpoenas outside of Pinellas, Pasco, or FUsborough counties will be paid in accordance
with FLSA regulations.
The three-hour minimum does not apply if prior to the end of the three-hour period
(a) The employee reports for duty. Standby pay stops at the time the employee reports for duty or
court.
(b) If the employee is notified to report to court at a future time, the employee receives standby
pay for the three-hour minimum or actual time in excess of three hours. Court time starts at
the employee's scheduled appearance time (with the exception of being late).
Standby time shall be excluded from hours worked computations.
Section 11. Line-of-Duty Injury Pay
The City hereby agrees to pay the following compensation to any employee injured in the line
of duty in accordance with the following definitions, term, and conditions:
(a) Line-of-Duty Compensation shall be payable under this Section only with respect to disability
as the result of injury to an employee where such injury is incurred in the line of duty.
(b) An injury shall be deemed to have been incurred in the line of duty if and only if such injury is
compensable under the Florida Workers Compensation Law.
(c) The amount of line-of-duty compensation paid shall be the amount required to supplement
funds received from the Florida Worker's Compensation Law and any other disability or other
income plan provided by the City, either by law or by agreement, to the point where the sum of
the line-of-duty supplement herein provided and all other payments herein described equal the
employee's regular rate of pay at the time of the injury. Regular rate of pay for workers'
compensation purposes is defined as base pay and any assigned pay if regularly assigned, but
not shift pay.
(d) No line-of-duty compensation under this Section shall be alloA;ed for the first seven (7)
calendar days of disability; provided however, that if the injury results in disability of more than
t"mty--one (21) calendar days, line-of-duty compensation shall be paid from the
commencement of the disability. In such case, the sick/injury leave taken by the employee will
be credited back to the employee's accreted sick/injury leave account. (Changes in iAurkers'
compensation law will modify this paragraph accordingly.) Employees shall be required to
utilized accrued paid leave time to supplement funds received from the Florida Workers
Compensation Law in order to maintain a paid status. Employees shall be permitted to utilize
accreted paid leave time only in the amount necessary to supplement funds received from the
Florida Workers Compensation Law in order to equal the employee's regular rate of pay at the
time of the injury.
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Attachment number 1
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(e) The term disability as used in this Section means incapacity because of the line-of-duty inj ury to
earn in the same or any other employe ent the wages which the employee was receiving at the
time of the injury.
(f) It is the intent of this Section to provide supplemental compensation for line-of-duty injuries
only, and this Section shall not be construed to provide compensation in the event of death or
injury incurred in any mailer other than in the line of duty. Coverage under this Section shall
not result in the loss of step increases which the officer iAudd have received had he/she been
on the active status. Any time taken off for follovv-up doctor visits or therapy due to a line-of-
duty injury when coordinated through established Risk Management procedures shall not be
charged to the employee's sick leave and shall be considered as time wDrked. In the event of
any dispute or disagreement concerning the interpretation of this Section, then the decisions
concerning definition of the term of this Section issued under the Florida Worker s
Compensation Law shall control.
(g) The City shall have the right to require the employee to have a physical examination by a
physician of its choice prior to receiving or continuing to receive compensation under this
Section
(h) Failure to report a line-of-duty injury to the employee's immediate supervisor, or to the Risk
Management Division within twunty-four (24) hours of the time of occurrence of the injury
shall result in a loss of all line-of-duty pay under Article 13 unless such failure to report was: (a)
caused solely by and as a direct result of the employee's injuries or (b) resulted from the
occurrence of an event over which the employee had no control in the opinion of the City
Manager. It shall be the employee's responsibility to prove the injury occurred while on duty.
(i) Any provisions of this contract to the contrary notwithstanding, should any provision of this
contract be inconsistent with the term of the Florida Workers' Compensation Law (Chapter
440, Fla Statutes), the Florida Rules of Workers' Compensation Procedure (Fla R. Work
Comp. P), Florida Department of Labor and Division of Workers' Compensation Rule 38 or
any other state or federal law or regulation now in force or hereinafter enacted, then such
provision of this contract shall be null and void and of no legal force or effect.
Section 12. Uniforms and Plain-Clothes Allowance
A. Uniform: The City shall continue to provide the uniform and equipment currently provided by
the City, except that the City may make changes in styles or update equipment as it deem
appropriate.
B. Plait Clothes Allowance: Employees assigned to positions outside the uniform patrol division and
who are not issued uniform or other clothing by the department shall receive a plain clothes
allowance of $900 each year for Fiscal Years 2009/2010, 2010/2011, and 2011/2012. Plainclothes
allowance shall not be paid to employees on temporary or rotational assignments.
C. Persons transferred to plainclothes duty shall be permitted to retain at least one uniform.
Item # 18
Page36
Attachment number 1
Page 41 of 47
D. The City may determine the most appropriate way to pay uniform allowance; e.g., biwe-ekly,
monthly, quarterly, annually. Further, the City may change the manner in which the allowance is
paid provided that employees are given not less than thirty (30) days' notice of the change and that
the change does not reflect a reduction in the annual amount to be paid
Section 13. Tuition Refund Program
Members of the bargaining unit shall be entitled to reimbursement for tuition fees for approved
courses in accordance with the City's Tuition Refund Program up to an amount of $1,500 per fiscal
year for the period from October 1, 2009 through September 30, 2012, subject to meeting the approval
and eligibility requirements of the City's program. However, the City shall reimburse up to $1,800
per year for tuition fees of approved courses in a Master's Degree level program for the same
period
E mployees in the bargaining unit must execute an Agreement to repay to the City any amount
of Tuition Refund exceeding $650.00 reimbursed in a fiscal year period should such employee separate
from the City within two (2) ears of receipt of reimbursement. In the event that an employee
separates from the City by retirement and opts to receive an extended sick/injury leave benefit,
separation for the purpose of repayment of tuition refunds shall date from the employee's last actual
wDrk day and not the effective date of retirement.
ARTICLE 10
INSURANCE
The City agrees to meet with the Union and other City of Clearwater Unions' representatives to
review the health and life insurance program for the purpose of reducing the cost of such program
for the City and the employees.
The City further agrees to provide the Union with such information as it has available as would
be required to formulate such a benefit package and to cooperate with the F.O.P. to obtain pertinent
information from the present carrier and the insurance consultant. Any information received by either
party from the consultant or another carrier will be shared with the other party.
The City agrees that for the calendar year occurring within the first year of the agreement, the
City shall contribute toward the medical insurance prerriurr?<s for employees and their dependents in
the amount approved for the plans approved by the City Commussion. The City agrees to maintain the
current Benefits Committee recommendation process culminating in final action by the City Commission
to detem-ine medical insurance premium for employees and their dependents for the duration of this
Agreement. The City further agrees that during the life of the agreement, the City will make available
to employees the option of at least one health insurance plan for which the City shall pay 100% of the
premium for the employee only base benefit plan cost, it being understood that such base plan may
provide a different level of benefit than that which is currently provided Additional coverage for the
family or spouse, as iAull as any enhancements or "buy ups" to the base plan will continue to be paid
for by the employee.
Item # 18
Page37
Attachment number 1
Page 42 of 47
The City agrees to continue to pay the premium for group life insurance valued at a minimum
of $2,500 per employee. Effective April 1st, 2007, the City shall no longer pemiit any new enrollnielt
in the 1% Life Insurance Program. Bargaining unit employees who are enrolled as of April 1S; 2007
may continue to participate provided they maintain their participation on a continuous basis thereafter.
Any employees who currently participate and choose to discontinue their enrollment will not be
permitted to re-enroll in this benefit again at a later date. All life insurance premium contributions and
plans currently in force shall continue for the duration of this Agreement. The selection of an
insurance company shall be of the employees choice from the companies offered by the City as
approved by the Insurance Committee.
ARTICLE 11
PERFORMANCE AND DISCIPLINE
Section 1. No employee who has successfully completed his/her probation period or
extended probationary period as a Police Sergeant or Police Lieutenant shall be demoted, suspended or
dismissed without just cause. All discipline will be for just cause and consistent with due process.
Employees have a right to Union representation at any time they believe a meeting may lead to
disciplinary action
The City, the Union or the employee may use any work history material as evidence to support
or oppose a suspension or dismissal..
Section 2. An employee may also be issued a non disciplinary "Employee Notice" by
his/her Division Head Prior to an Employee Notice being placed in an employee's file, a Police
Sergeant will have the right to confer with the Division Head and a Police Lieutenant will have the
right to confer with the Deputy Chief regarding the proposed Employee Notice. The Employee
Notice will be retained in the employee's Departinelt file. At the end of twD (2) ears, if there is no
reoccurrence, the E mployee Notice will not be used f or any future disciplinary action The E mployee
Notice will be maintained and/or removed form the file in accordance with the State of Florida public
records law.
Section 3. Performance, behavior management, and disciplinary procedures shall be
found in the current Police Department SOP's and General Orders 211, 212, and 213. The City
will notify the Union of any proposed change to the system of discipline or performance
management. The Union will within a reasonable amount of time notify the City in writing of the
specific impact of the proposed change and the intent of the Union to bargain the impact of the
change to the system. Proposed changes will be consistent with sound personnel practice and may
be implemented by the City provided that mandatory and permissive bargaining requirements have
been met.
The Police Department and the Union will continue the practice of Labor Management
meetings to resolve these types of issues.
The City acknowledges the right of the employee or Union to grieve the application of the
process or the application of any individual perforn-nce or behavior management standards.
Section 4. The City will continue its current practice of allowing the affected employee to
give a brief oral statement to an accident review board.
Item # 18
Page38
Attachment number 1
Page 43 of 47
ARTICLE 12
DRUG AND ALCOHOL POLICY
Section 1. Voluntary use of controlled substances which cause intoxication or impairment
on the job poses risks to the employer, the affected employee and coworkers. All bargaining unit
employees will be fully informed of the employers for cause drug testing policy before testing is
administered Bargaining unit employees will be provided with information concering the impact of
the use of drugs on job performance. Police Captains and other management personnel will be trained
to recognize the symptoms of drug abuse, impairment and intoxication The City will permit two
employees selected by the Union to attend such training class on City time.
Section 2. City s Drug and Alcohol Program Policy
A. The City s Drug and Alcohol Program Policy delineates drug and alcohol test procedures.
Revisions governing testing standards and job classification specifications shall be made as
revisions to laws or regulations of state or federal govenmment or agencies deem permissible.
Union representatives will be furnished with copies of the policies upon such revision
Whenever the City or the Union proposes to amend or change any policy affecting drug and
alcohol testing, the City or the Union shall provide notice and a copy of the proposed amendments
or changes to the other party at least 30 calendar days in advance of the proposed effective date of
the change. The Union and the City shall have the right to bargain such proposed amendments or
changes in accordance with the law and the terms of this agreement.
B. References to CDL and "safety-sensitive" employees and positions shall not apply to F.O.P. bargaining
unit members unless required by law. As suct? F.O.P. bargaining unit members shall not be subject to
the following provisions of the City Drug and Alcohol Program Policy unless required by law or agreed
to by the parties:
Section II, B.
Section II, C.
Section II, E. 2.
Section II, E. 4.
Section 3. Drug Testing Upon Designated Assignments
A. Bargaining unit member, shall, when assigned to the Vice & Intelligence Unit, have a drug test
administered Additionally, such bargaining unit members shall have an annual drug screening as part
of their annual physical. When an employee tests positive on the screening test, the sample shall be
submitted for a confirmation test.
1. The drug screening will be performed utilizing urine samples unless the employee, at his/her
option, requests a blood test in lieu of a urine test.
2. Urine and blood samples shall be drawn or collected at a City-designated facility.
3. All testing shall be done by a laboratory certified by NIDA.
Item # 18
Page39
Attachment number 1
Page 44 of 47
B. Assignment to Vice & Intelligence or removal from same shall be at the sole discretion of the
Police Chief, regardless of the drug screening/confirmation findings.
C. In the event that a Vice & Intelligence officer was required, as a course of his/her employment to
imbibe in alcoholic beverages or ingest secondhand marijuana, hashish, crack, cocaine smoke, or
smoke from any other controlled substance, within 48 hours of a scheduled drug screening test, the
test shall be postponed for one week The officer shall be responsible for advising his/her
supervisor of the occurrence of such an incident as soon as practical.
ARTICLE 13
RETIREMENT
Section 1. Employees shall participate in either the City Pension Plan or the Federal Social
Security program as established by provisions of those program. Should the City subsequently
establish an alternate plan to the existing City Pension Plan which is made available to City employees
in the City Pension Plan, bargaining unit members may elect to convert to the alternate plan consistent
with the provisions of the conversion procedure.
Section 2. Retirement Advancement
A. The City and the Union agree that prior to retiring an employee may use his/her vacation leave
balance at 100% value and sick leave balance at 50% value to advance the employee's date of
retirement.
B. The employee will be considered a regular employee for service credit to the pension plan. The
City and the employee will continue to contribute to the pension plan
C. During the period of "retirement advancement", the employee will not be eligible to receive or
accrue any benefits except retirement credit. The benefits that will stop include, but are not limited
to, vacation and sick leave accrual, insurance premium payments, workers' compensation,
allowances, reimbursements, and special payments of any kind
ARTICLE 14
SENIORITY, LAYOFF, AND RECALL
Section 1. Seniority shall be defined as the length of continuous service in full time City
employment and will continue to accrue during all types of leave of absence with pay and other leaves
when specifically provided in this Agreement. Seniority in rank will be utilized to determine vacation
selection, selection of floating holidays, and for bidding for shift assignments, provided that skills and
qualifications are substantially equal and except as provided in Section 2 hereof.
Section 2. Bargaining unit members shall be permitted to bid shift assignments by seniority
in rank but the Department reserves the right, based on its determination of operational demands to
ensure that officers with specialized skills are appropriately deployed anwng the shifts and to ensure
that officers with limited tenure in their job classification are distributed relatively evenly among the
shifts. The Department reserves the right to designate up to four field training supervisors which will
be distributed as follows:
Item # 18
Page40
Attachment number 1
Page 45 of 47
1. One FTO supervisor permanently assigned to an FTO team in District II
2. One FTO supervisor permanently assigned to an FTO team in District III
3. Twu "floating" FTO supervisor positions allocated to the regular patrol shift bid
assignments and specialty assignments.
4. No more than one FTO Sergeant will be permitted to occupy the midnight relief shift at
any given time.
Bargaining unit members who are selected for FTO supervisor assignments shall be permitted
to bid among themselves by seniority in rank for the FTO supervisor assignments. Patrol Sergeants
who are in special duty assignments such as Community Policing, Traffic Section, Camera Program
Supervisor, or the Special Operations Section are not included in the bidding process.
An employee who is placed on light or restricted duty shall have bidding rights for shift
assignments, but has no assurance of the assignment until he/she resumes full duty status. The Chief
of Police may reassign any officer when such reassignment is in the best interest of the Police
Department. Such reassignment shall be with proper justification
Section 3. An employee shall lose his/her status as an employee and his/her seniority if the
employee:
(a) resigns or quits;
(b) is discharged or terminated (unless reversed through the grievance or arbitration process);
(c) retires;
(d) does not return to wDrk from layoff within ten (10) calendar days after being notified to return
by certified mail addressed to his/her last address filed with the Human Resources Departhnmt,
(e) is absent from wUrk, including the failure to return from leave of absence, vacation or
disciplinary action, for three (3) consecutive working days without notifying the Department,
except where the failure to notify and work is due to circumstances verified as being beyond the
control of the employee and which are acceptable to the City.
Section 4. In the event that the City determines layoffs are necessary, all emergency,
temporary, provisional or probationary employees shall be laid off before any regular status employee
serving in the same class. If reduction in force requires further layoffs, the order of such layoffs shall
be determined by seniority in rank. An employee who is in a position that is subject to layoff shall
have the option to revert to the position held within the Police Department prior to promotion to
his/her current position, or to another sworn position of lower classification within the Police
Department for which he/she is qualified If this movement requires further reduction in force, the
applicable bargaining agreement for the affected employees shall govern
No new employee shall be hired or promoted to the classifications of Police Sergeant or Police
Lieutenant until all Police Sergeants and/or Lieutenants on layoff or demoted from those ranks in lieu
of layoff have been given an opportunity to return to work in their former Police Sergeant or Police
Lieutenant position and seniority date, provided that after one year of layoff such employees shall cease
to accrue seniority and that such reemployment rights shall cease after twD ears from the date of
layoff.
Item # 18
Page41
Attachment number 1
Page 46 of 47
ARTICLE 15
DURATION, MODIFICATION AND TERMINATION
This Agreement shall be effective as of the start of the payroll period that includes October
1, 2009, and shall continue in full force and effect until the thirtieth day of September, 2012. At
least one hundred txwnty (120) days prior to the termination of this Agreement, either party hereto
shall notify the other, in writing, of its intention to modify, amend or terminate this Agreement.
Failure to notify the other party of intention to modify, amend or terminate, as herein above set
forth, will automatically extend the provisions and terms of this Agreement for a period of one (1)
year, and each year thereafter absent notification
IN WITNESS ME RE OF, the parties hereto have hereunder set their hands and seals this
ATTEST:
day of /2009.
Cynthia E. Goudeau, City Clerk
Approved as to form and correctness:
Pamela K. Akin, City Attorney
WITNESSES:
CITY OF CLEARWATER, FLORIDA
By
William B. Horne II, City Manager
Countersigned
Frank Hibbard, Mayor
FLORIDA STATE LODGE
FRATERNAL ORDER OF POLICE
Supervisors Bargaining Unit
By
Lieutenant Daniel Slaughter, President
Clearwater Supervisors Bargaining Unit
By
Paul J. Noeske, Staff Representative
Florida State Lodge, Fratemal Order of Police
Item # 18
Page42
Attachment number 1
Page 47 of 47
APPENDIX A
Step October, 2009
Biwwekly
1 $2,335.27
2 $2,428.69
3 $2,525.80
4 $2,626.84
5 $2,731.92
6 $2,841.20
7 $2,954.85
8 $3,073.04
Step October, 2009
Biwwekly
1 $2,832.95
2 $2,946.28
3 $3,065.30
4 $3,187.91
5 $3,315.43
6 $3,448.04
7 $3,585.97
Item # 18
City Council Agenda
Council Chambers - City Hall
Meeting Date: 10/ 1/2009
SUBJECT / RECOMMENDATION:
Appoint three members to the Municipal Code Enforcement Board with the terms to expire October 31, 2012.
SUMMARY:
APPOINTMENT WORKSHEET
BOARD: Municipal Code Enforcement Board
TERM: 3 years
APPOINTED BY: City Council
FINANCIAL DISCLOSURE: Required
RESIDENCY REQUIREMENT: City of Clearwater
SPECIAL QUALIFICATIONS: Whenever possible, this Board shall include an architect, engineer, businessperson, general
contractor, sub-contractor & a realtor
MEMBERS: 7
CHAIRPERSON: Douglas Williams
MEETING DATES: 4th Wed., 3 p.m.
Nov. and Dec. - TBA
APPOINTMENTS NEEDED: 3
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. Richard Avichouser - 202 Windward Passage, #604, 33767 - Realtor/Investor
Original Appointment: 10/02/03 (2nd term expires 10/31/09)
Interested in reappointment: Yes
2008-2009 - (2) Absences
2. Ronald V. Daniels - 30 Turner St., Suite 802, 33756 - Commercial Real Estate Broker
Original Appointment: 10/05/06 (I't term expires 10/31/09)
Interested in reappointment: Yes
2008-2009- (0) Absences
3. Sheila Cole - 252 Dolphin Point, 33767 - Exec Director/Clearwater Chamber of Commerce
Appointed 07/16/09 to complete term until 10/31/09 (David W. Campbell)
Interested in reappointment: Yes
Present at July Meeting - August Meeting Cancelled
THE FOLLOWING NAMES ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE VACANCIES:
Bob Luna - 774 Snug Island, Island Estates, 33767 - Mortgage & Real Estate Broker
2. Louise C. Riley - 1620 Drew St., 33755 - Retired/Financial Planner
Zip codes of current members:
1 at 33755
1 at 33756
1 at 33759
2 at 33761
1 at 33766
1 at 33767
Cover Memo
Item # 19
Current Categories:
1 Attorney
1 Banker (Retired)
1 Civil Engineer
1 Executive Director/Clearwater Beach Chamber of Commerce
1 Real Estate Acquisition/Development
1 Realtor/Investor
1 Sales Rep. (Retired)
Review Approval: 1) Clerk
Cover Memo
Item # 19
Aug 20 09 09:13a Ronald Daniels
727-462_5418 Attachment number 1
Page Pcq 2
CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS
(must be Clearwater resident)
Name: Ronald V Daniels
Home Address:
30 Turner St #802
Clearwater.Fl Zip 33756 _
Telephone:727-446-0881
Cell Phone 727-515-8597
How long a resident of Clearwater? 34 yrs
Office & Mailing Address:
611 S Ft Harrison Ave #332
Clearwater, FI Zip 33756
Office Telephone:
E-mail Address:rvjd12@hotmail.com
Occup; Commercial Real Estate Broker Empl; Coast Commercial Real Estate Services
Field of Education: Other Work Experience:
Business, Real Estate,Finance,RF Engineering & Consulting
If retired, former occupation: Active
Community: Politics
Other Interests:Travel by motorhome, Boating, and Hiking
Board Service (current and past):
Board Preference:
Code Enforcement Board Clearwater Whatever board is available and needs my help
Additional Comments:
Signed:
Date: August 20,2009
See attached list for boards that require financial disclosure at time of appointment. Please return
this application and board questionnaire to the Official Records & Legislative Services Department,
P. O. Box 4748, Clearwater, FL 33758-4748, or drop off our applictionat_City Hall, 2nd Floor, 112
S. Osceola Avenue.
AUG 2 u 2008
Item # 19
OF?iL 1At_ t ) k
r
Aug 20 09 09:13a Ronald Daniels 727-462_5418 Attac ent number 1
Page of 2
BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and responsibilities?
To hear cases of code violations and to determine their merit and if guilty appropriate fines
2. Have you ever observed a board meeting either in person or on C-View, the City's TV station?
Yes I am a current member
3. What background and/or qualifications do you have that you feel would qualify you to serve on
this Board?
am a current member and have almost 2 years of board experience
4. Why do you want to serve on this Board?
As a Clearwater resident I feel its my obligation to contribute some time to serve to better my
community
Name: Ronald V Daniels
Board Name:Code Enforcement
Item # 19
07/09/2009 14:37 7274437812 CLWBEACHCHAMBE AttaRAaEt nupter 2
Page 1 of 2
CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS
(must be Clearwater resident)
Home Address,
5-4 I in f
Telephone: 0 `7, q4 / • J 'R 19
Cell Phone: 7 '? q y , ar.S 1
How long a resident of earwater? S4 rtcz
Occu atian: ?
Field of Education:
Office Address:
L,,,j & L - u6 _45; 40 ?°kxcx' ar-?, r I?- ,lip S-3 74
'J
Telephone: q44 . 7 4, U 0
E-mail Address: 6alp to 61 nQ
199
Employer:. C.[rl a?? t M M a-ra-,
Other Work Experienfor Gl Ce .
ep RA13o4s car/ 4M.
F^C'rti- 4Wf?4t Ohs ITS Mme- ?b H64t ya
.194
If retired, former t-v?s c ?:r. 6we? e- ??' GR?+c at.?n
oGCUpation: s-
Community Activities:_ Ccu?c 4ss? , i?.?L. T c,? ?4 ?, ?n Horw? ??? $ r -w+,? ?r
Other Interests: p r,j A .-a
Board Service (current and past):
?' ?S?41o.f'? ?jlQi gtO.L?? `?OKFw.i-?4?1
?(?J? ?.?/qA ? I?eJI- llrvf,7f6d t ?
Board Preference:
RN . .? } .?,.c
Additional Comments: X tibPLr -rb Srr?v?- Mu A114 d? I? era a .?-
AIr IMe..r.4 G
Cmt,e • L , dor tt d over ?! p... 4(al?rts f7 .
` .. Signed. Date: AF10-9
See attached list for boards that require financial disclosure at time of appointment. Please return
this application and board questionnaire to the Official Records & Legislative Services Department,
P_ 4. Box 4748, Clearwater, FL 33758-4748, or drop off your application at City Hall, 2nd Floor, 112
S. Osceola Avenue_
JUL 9 2M
Item # 19
OFFIC ?
IAL F
LLECD,tt',r r{
07/09/2009 14:37 7274437812 CLWBEACHCHAMBE AttaEl+ it nOZer 2
Page 2 of 2
BOMD QUESTIONNAIRE
1. What is your understanding of the board's duties and responsibllities?
c s r"1 2°? Co r? '3l 5
,h.a
2. Have you ever observed aboard meeting either in person or on C-View, the City's N station?
3. What background and/or qualifications do you have that you feel would qualify you to serve on
this Board?
4. Why do you want to serve on this Board?
j?
?a{
Name:
Board Name;
Item # 19
Attachment number 3
Page 1 of 2
Name
CITY OF CLEARWATER - APPLICATION FOR ADVISORY BC jV1:D
(must be Clearwater resident)
ell- L 1, , 'L 1 ?& Ate Is
Home Add
°2 / 2 y C' N
Telephone:22?- ?-W- 8 ?c r
Cell Phone: 7d-7 68 ' -3 J
How long a resident of Clearwater?
Occupation: 1,(10r27&1j6
Field of Education:
If retired, former occupation:
Community Activities: ,r /? d /?-' S ,/i`?"?'L` ?? j ?df'? ?rl''I ?3 Y-
Other Interests:
Board Service (current and past):
Additional Comments:
Signed:
Offi ddress: OFFICK RSCORDS AND
"ISLAWE SRVCS OUT
zip
Telephone:
E-mail Address:
ployer:
Other Work Experience:
--- a..n?
v ,
B rd Preference:
A d,___
Date:
See attached list for boards that require financial disclosure at time of appointment. Please return
this application and board questionnaire to the Official Records & Legislative Services Department,
P. O. Box 4748, Clearwater, FL 33758-4748, or drop off your application at City Hall, 2nd Floor, 112
S. Osceola Avenue.
Item # 19
Attachment number 3
Page 2 of 2
BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and responsibilities?
2. Have you ever observed a board meeting either in person or on C-View, the City's TV station?
4. Why do you want to serve on this Board?,- .S
r
Name:
c
Board Name:
Item # 19
3. What background and/or qualifications do you have that you feel would qualify you to serve on
this Board?
Attachment number 4
Page 1 of 2
CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS
(must be Clearwater resident) y °' "° + ,, ;
Name: L D U i <c IL ._4 . s
Home Address:
110 9 6 0 0&:tcJ 5F
011a Are-k- zip 33155
Telephone: IQ- 7 _776
Office Address:
zip
Telephone:
Cell Phone:
E-mail Address:
How long a resident of Clearwater? 32 D!! L,9 S
Occupation: R L T-12 t.:F_0
Employer:
Field of Education:
?/?Lc=S
1 N S u ?e A- n/ c? ?i
L & Ain, &L PA *10411 41C
Other Work Experience:
If retired, former occupation: ! W A kid ,44 4- f Al41 C K
Community Activities: (74> P?? G= ?/ F r? 2n?,= .v r A /jA!K Lu ony/d'W
Other Interests: 424: A a',-? 55t 7 S -- ? 2 4?itI&5 Gill-soW, AA1,0jilsZ-
R,
Board Service (current and past): Board Preference:
eQpL 1W Af Fy/c r'? ?vT- 00,0e 1s= A/ Fun 06- M4-?Al
Additional Comments:
Signed: Date:
See attached list for boards that require financial disclosure at time of appointment. Please return
this application and board questionnaire to the Official Records & Legislative Services Department,
P. O. Box 4748, Clearwater, FL 33758-4748, or drop off your application at City Hall, 2nd Floor, 112
S. Osceola Avenue.
Item # 19
P
Attachment number 4
Page 2 of 2
BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and responsibilities?
S & GC T/-j A Y- Coo aE 5 /996 G ?l/fvRC??
2. Have you ever observed a board meeting either in person or on C-View, the City's TV station?
L= S
3. What background and/or qualifications do you have that you feel would qualify you to serve on
this Board?
%As r ? x P? ?.L a???
,.r
4. Why do you want to serve on this Board?
.?,U 5?F ,-Liz?- TAE C$.Ty a,= 9XSX2W//-",C-
Name: t- D u, s L= 0. , ?0,1 46zY
Board Name: Oa I» G=-N/=U2L* c r19?,?1
Item # 19
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
City Manager Verbal Reports
SUMMARY:
Meeting Date: 10/ 1/2009
Review Approval: 1) Clerk
Cover Memo
Item # 20
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Regional Chamber of Commerce Ability to Fulfill Tourism Contract
SUMMARY:
Meeting Date: 10/ 1/2009
Review Approval: 1) Clerk
Cover Memo
Item # 21
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Resolution 09-46
SUMMARY:
Meeting Date: 10/ 1/2009
Review Approval: 1) Clerk
Cover Memo
Item # 22
Attachment number 1
Page 1 of 2
RESOLUTION NO. 09-46
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CLEARWATER RECOMMENDING THAT THE PINELLAS
COUNTY BOARD OF COUNTY COMMISSIONERS USE EMS
RESERVES IN ORDER TO CONTINUE FUNDING A RESCUE
UNIT AT STATION 50; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, Chapter 80-585, Laws of Florida, created a countywide Emergency
Medical Services Authority whose governing body and membership is comprised of the
Pinellas County Board of County Commissioners ("Board"); and
WHEREAS, the City of Clearwater ("City"), through Clearwater Fire & Rescue, is a
first responder, providing both basic life support and advanced life support, and
WHEREAS, the Board has proposed to reduce the funding to Clearwater Fire &
Rescue for the operation of a rescue unit at Station 50 because of declining revenue from
ad valorem taxes attributable to the decline in the appraised value of real property within
Pinellas County; and
WHEREAS, the City Council for the City wants to maintain the same level of service
that currently exists within the area serviced by Rescue 50; and
WHEREAS, the City Council for the City is concerned that although the elimination
of Rescue 50 may not affect the ability of the City to respond within 7 minutes and 30
seconds 90 percent of the time within the Countryside area, the elimination of Rescue 50
will result in a decline in the ability to provide as rapid service during peak demands for
emergency medical services ("EMS"); and
WHEREAS, the City Council for the City is also concerned that the elimination of
Rescue 50 will result in a greater need for Rescue 48 to respond into the Countryside area,
thus resulting in a decline in the ability of Rescue 48 to provide as rapid service during peak
demands for EMS into such locations as Top of the World, which is located in the
unincorporated area of Pinellas County; and
WHEREAS, although the City's current EMS level of response exceeds the
Authority's proposed standard, the City's current response times within the Countryside
Area constitute an appropriate level of service to ensure the welfare of citizens in need of
EMS; now therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The City Council of the City of Clearwater hereby requests the Pinellas County
Board of County Commissioners to use EMS reserves in order to continue funding a rescue
unit at Station 50.
Resolution 09-46
Item # 22
Attachment number 1
Page 2 of 2
Section 2. This resolution shall take effect immediately upon adoption.
Section 3. The City Clerk is hereby directed to transmit this resolution, upon adoption, to the
Pinellas County Board of County Commissioners, the Chairman of the Pinellas County
Board of County Commissioners, and the Pinellas County Administrator.
PASSED AND ADOPTED this day of
Approved as to form:
Robert J. Surette
Assistant City Attorney
2009.
Frank V. Hibbard
Mayor
Attest:
Cynthia E. Goudeau
City Clerk
Resolution 09-46
Item # 22
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Other Council Action
SUMMARY:
Meeting Date: 10/ 1/2009
Review Approval: 1) Clerk
Cover Memo
Item # 23