10/21/2010
- City Council Agenda
Location: Council Chambers - City Hall
Date: 10/21/2010- 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 Presentation of the Key to the City by Mayor Hibbard to Mr. William Kahn
Attachments
4.2 Sister Cities Summer Trip to Nagano
Attachments
4.3 Introduction of Mr. Kenzo Kawashima, visiting Nagano teacher
Attachments
4.4 Offshore Boat Race Presentation
Attachments
4.5 2010 National Community Planning Month Proclamation
Attachments
5. Approval of Minutes
5.1 Approve the minutes of the October 5, 2010 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 Amend the Development Agreement between Clearwater Christian College Private School, Inc. (property
owner) and the City of Clearwater, previously approved by City Council on August 5, 2010, to revise the
master plan boundaries consistent with the Pinellas Planning Council's Alternative Compromise
Recommendation accepted by City Council on October 5, 2010 and adopt Resolution 10-23. (DVA2010-
06001)
Attachments
7.2 Approve the applicant's request to vacate the north - south alleyway lying within Block 1, E.P. Merritt's
Addition (aka 606 Seminole Street and 607 Nicholson Street) and approve Ordinance 8225-10 on first
reading, (VAC2010-06 Jimmie, First M Corporation and Jehudah LTD Partnership),
Attachments
7.3 Approve changes to the gas utility rates to become effective for all gas bills and services rendered on or
after January 1, 2011 and pass Ordinance 8153-10 on first reading.
Attachments
7.4 Amend provisions of Chapter 29, Article 11, Business Tax Receipts, Clearwater Code of Ordinances, to
exclude the profession of attorneys from any provisions in this Article that regulate attorney conduct or
the practice of law and pass Ordinance 8212-10 on first reading.
Attachments
8. Second Readings - Public Hearing
8.1 Adopt Ordinance 8193-10 on second reading, amending the future land use plan element of the
Comprehensive Plan of the city to change the land use designation for certain real property whose post
office address is 110 McMullen Booth Road, from Residential Urban (RU) to Institutional (I).
Attachments
8.2 Adopt Ordinance No. 8194-10 on second reading, amending the Zoning Atlas of the city by rezoning
certain real property whose post office address is 110 McMullen Booth Road, from Low Medium Density
Residential (LMDR) to Institutional (I).
B Attachments
8.3 Approve amendments to the Clearwater Comprehensive Plan adding Future Land Use Map categories for
transit oriented development and adding an objective and policies pertaining to the new categories, and
adopt Ordinance 8201-10 on second reading as amended.
Attachments
8.4 Adopt Ordinance 8197-10 on third reading, amending the future land use plan element of the
Comprehensive Plan of the city to change the land use designation for certain real property, consisting of
a portion of a 131.05 acre site whose post office address is 3400 Gulf-to-Bay Boulevard from Institutional
(I), Commercial General (CG), Preservation (P), Water/Drainage Feature, Recreation/Open Space (R/OS),
and Residential Low (RL) to Institutional (I), Preservation (P), Recreation/Open Space (R/OS), and
Water/Drainage Feature.
Attachments
8.5 Adopt Ordinance 8198-10 on third reading, amending the Zoning Atlas of the city by rezoning certain
property consisting of a portion of a 131.05 site whose property address is 3400 Gulf-to-Bay Boulevard
from Institutional (I), Commercial (C), Reservation (P), Low Density Residential (LDR), and Open
Space/Recreation (OS/R) to Institutional (I), Preservation (P), and Open Space/Recreation (OS/R).
Attachments
City Manager Reports
9. Consent Agenda
9.1 Approve a Professional Services Contract between the City of Clearwater and Imagine Global Consulting
to provide tourism-marketing services for the City of Clearwater, in the amount of $164,000 per fiscal
year, and authorize appropriate officials to execute same. (consent)
Attachments
9.2 Award a contract (purchase order) to Pierce Manufacturing Inc. of Appleton, WI in the amount of
$913,620 for the purchase of two (2) new Pierce Heavy Duty Velocity Pumpers, in accordance with Sec.
2.564 - (1)(b)and(e), Code of Ordinances, - Other governmental bid; authorize lease purchase in the
amount of $864,221.06 under the city's Master Lease Purchase Agreement; declare vehicle G2947 surplus
to city needs; settle auto physical damage claim 10000201-0001 in the amount of $49,398.94; amend the
Fire Engines capital project budget to allow an additional purchase and authorize appropriate officials to
execute same. (consent)
Attachments
9.3 Amend City Council Policy 31, Enterprise Fund Transfer Payment, to increase the Gas System Dividend.
(consent)
Attachments
9.4 Authorize a purchase order for payment of premiums under the City's I% Life Insurance program for the
continuation of group life insurance plans with New York Life Insurance in the amount of $360,000 for
the 36-month period from November 1, 2010, to October 31, 2013, in accordance with Sec. 2.564(1)(j),
Code of Ordinances, Exceptions to bid and quotation procedure. (consent)
Attachments
9.5 Approve renewal of the City's Statutory Death Benefits Policy with The Hartford Financial Services
Group providing accidental death and disability coverages for all full-time Law Enforcement Officers,
Firefighters, and applicable Administrators for the two-year period from October 1, 2010 through
September 30, 2012, at a pre-paid cost of $20,423. (consent)
Attachments
9.6 Approve the Agreement between the City and Connecticut General Life Insurance Company (CIGNA)
authorizing the City's participation in the Federal Early Retiree Reimbursement Program to be effective
as of June 1, 2010 and authorize the appropriate officials to execute same. (consent)
Attachments
9.7 Ratify and confirm the City Manager's approval to increase level of support for the Super Boat Offshore
Boat Race from $28,280 to $28,573 to cover the loss of $293 in parking revenue. (consent)
Attachments
9.8 Approve a Contract for Purchase of Real Property with Davna Investments, Ltd., d/b/a Davna Investment
Limited Corporation, an Ontario corporation, to purchase a 1.83 acre parcel of land addressed at 650 Old
Coachman Road, Clearwater, lying and being situated in the Southeast 1/4 of Section 7, Township 29
South, Range 15 East, as particularly described therein, for the sum of $320,000 plus estimated
transaction expenses not to exceed $10,000; establish capital improvement project entitled Old Coachman
Road Park (315-93132) to be funded from Recreation Land Impact fees ($168,599), Open Space Impact
fees ($72,465) and unappropriated retained earnings of the General Fund ($88,936); and authorize the
appropriate officials to execute same, together with all instruments required to effect closing. (consent)
Attachments
9.9 Approve an Agreement between the School Board of Pinellas County and the City of Clearwater for the
City to utilize Pinellas County School buses at a cost of $1.25 per mile plus $26.50 per hour, for a total
estimated cost of $40,000, for contract period ending August 23, 2011 and authorize the appropriate
officials to execute same. (consent)
Attachments
9.10 Approve a donation to the Clearwater Homeless Intervention Project, Inc. (CHIP) for funding of its 2010-
2011 operation in the amount of $100,000
B Attachments
9.11 Approve a License Agreement between the Tampa Division of the Federal Bureau of Investigation (FBI)
and the City of Clearwater concerning the use of the Clearwater Police Department District III Training
Facility (Premises), located at 2851 McMullen Booth Road, Clearwater, Florida, for a 5-year period and
authorize the appropriate officials to execute same. (consent)
Attachments
9.12 Approve acceptance of a Department of Justice, Bureau of Justice Assistance (DOJ/BJA) grant in the
amount of $146,150 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
9.13 Award a contract (Purchase Order) to Angelo's Recycled Materials of Largo, FL in the amount of
$430,000 for the disposal of solid waste at their site for the period October 22, 2010 through October 21,
2011 as provided in the city's Code of Ordinances, Section 2.561 and authorize the appropriate officials to
execute the same. (consent)
Attachments
9.14 Award a contract (Purchase Order) to Pinellas County Solid Waste for an operating expenditure of
$4,000,000 for the disposal of solid waste at the Pinellas County waste-to-energy plant/landfill for the
period October 1, 2010 through October 31, 2011 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 the same. (consent)
Attachments
9.15 Award a contract (Purchase Order) to Mother's Organics, Inc. of Seffner, FL in the amount of $160,500
for the hauling of yard waste from the city's solid waste facility to the contractor's processing facility for
the period October 22, 2010 through October 21, 2011, as provided in the city's Code of Ordinances,
Section 2.561, and authorize the appropriate officials to execute the same. (consent)
Attachments
9.16 Award a contract (Purchase Order) for $239,354.00 to Kenworth of Central Florida of Orlando, FL for
one Kenworth T800 with Palfinger Grapple Loader and American Roll-Off, in accordance with Sec. 2.564
(1)(d), Code of Ordinances - Other governmental bid, authorize lease purchase under the city's Master
Lease Purchase Agreement and authorize the appropriate officials to execute same. (consent)
Attachments
9.17 Ratify and confirm a 10-foot Drainage and Utility Easement over, under, across and through the South 10
feet of Lots 8 and 10, Block B-2, MARYLAND SUBDIVISION, as more particularly described therein,
conveyed by Peter G. Nichols granted in consideration of receipt of $15,000 and the benefits to be derived
there from. (consent)
Attnchmentc
10. Other Items on City Manager Reports
10.1 Continue to November 4, 2010 the approval of the engineering and architectural design services work
order to Architect of Record, HDR Engineering, Inc., in the amount of $651,004.00 for Fire Station 45
Renovation Project (09-0036-FI) and authorize the appropriate officials to execute same. (consent)
Attachments
10.2 Authorize the contract between the City and CIGNA HealthCare for medical insurance under a fully
insured, Shared Returns Minimum Premium funding arrangement for the contract period of January 1,
2011 to December 31, 2011, at a total cost not to exceed $13.6 million dependent on the funding strategy
as determined by the City Council, and that $400,000 be appropriated from the unrestricted reserves in the
Central Insurance Fund to fund the additional cost of healthcare above what was budgeted.
Attachments
Miscellaneous Reports and Items
11. City Manager Verbal Reports
11.1 City Manager Verbal Reports
Attachments
12. Other Council Action
12.1 Support the recommendations of the Joint Land Use and Transportation Committee and adopt Resolution
10-28.
Attachments
12.2 Undesignated Fund Balance in the Central Insurance Fund - Councilmember Jonson
Attachments
12.3 Approve a one-time grant to the Clearwater Marine Aquarium in the amount of $750,000 to be applied to
the purchase of property adjacent to the aquarium and authorize modification of the restrictive covenant
governing a portion of the property located at 249 Windward Passage to allow CMA to mortgage the
portion of property subject to the City reverter, in an amount not to exceed $1,500,000.
2 Attachments
12.4 City Manager Evaluation
Attachments
12.5 City Attorney Evaluation
Attachments
13. Closing Comments by Mayor
14. Adjourn
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Presentation of the Key to the City by Mayor Hibbard to Mr. William Kahn
SUMMARY:
Meeting Date: 10/21/20 10
Review Approval: 1) Clerk
Cover Memo
Item # 1
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Sister Cities Summer Trip to Nagano
SUMMARY:
Meeting Date: 10/21/20 10
Review Approval: 1) Clerk
Cover Memo
Item # 2
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Introduction of Mr. Kenzo Kawashima, visiting Nagano teacher
SUMMARY:
Meeting Date: 10/21/20 10
Review Approval: 1) Clerk
Cover Memo
Item # 3
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Offshore Boat Race Presentation
SUMMARY:
Meeting Date: 10/21/20 10
Review Approval: 1) Clerk
Cover Memo
Item # 4
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
2010 National Community Planning Month Proclamation
SUMMARY:
Meeting Date: 10/21/20 10
Review Approval: 1) Clerk
Cover Memo
Item # 5
City Council Agenda
Council Chambers - City Hall
Meeting Date: 10/21/20 10
SUBJECT / RECOMMENDATION:
Approve the minutes of the October 5, 2010 City Council Meeting as submitted in written summation by the City Clerk.
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 6
Attachment number 1
Page 1 of 22
CITY COUNCIL MEETING MINUTES
CITY OF CLEARWATER
October 5, 2010
Present: Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember George N.
Cretekos, Councilmember Paul Gibson, and Councilmember Bill Jonson.
Also William B. Horne II - City Manager, Jill S. Silverboard - Assistant City
present: Manager, Rod Irwin - Assistant City Manager, Pamela K. Akin - City Attorney,
Rosemarie Call - City Clerk, and Patricia O. Sullivan - Board Reporter.
To provide continuity for research, items are in agenda order although not
necessarily discussed in that order.
Unapproved
1. 11 t,) Order - Hibbard
Mayor Frank The meeting was called to order at 6:00 p.m. at City Hall.
2. Invocation 3. Pledge of Allegiance - Mayor Frank Hibbard
4. Presentations - Given
4.1 National Arts and Humanities Proclamation - October 2010
1
4.2 Public Natural as Week Proclamation - October 3-1 20 0
5. Approval of Minutes
submitted in written summation y the City Clerk.
Councilmember Bill Jonson moved to approve the minutes of the September 22, 2010
City Council Meeting as submitted in written summation by the City Clerk. The motion
was duly seconded and carried unanimously.
Council 2010-10-05 Item #16
Attachment number 1
Page 2 of 22
6. Citizens Public Hearings - Not before 6:00 PM
7. Administrative Public Hearings
7.1 Approve amended v lop nt Agreement between the City of Clearwater and
LOM, Inc. for the Surf Style Condominium Parking Garage Project, xt ninq th
start and co of tion dates by six months and aoot solution 10-26.
A Development Agreement between the City and LOM, Inc. was approved on
February 18, 2010 and recorded in the Official Records of Pinellas County on
February 22, 2010.
The Plans and Specifications for the project have been approved by the City, the
break wall has been completed, FEMA has approved the Flood Zone change and
all appeal periods that would allow for a challenge of the Flood Zone change have
expired.
LOM is negotiating the final construction contract with the proposed general
contractor, and has spent over $1 million on the project to date.
LOM is requesting an extension of the construction start date due to economic
impact of the Gulf Oil spill on their retail stores along the Gulf Coast. LOM has
submitted a claim to BP that is being processed. The time and effort required to
deal with the oil spill has caused a delay in the commencement of the project.
Branch Banking and Trust Company, the construction lender funding the project,
has orally committed to extend the commencement date to February 28, 2011.
The current commencement date required by the Development Agreement is
September 30, 2010, and the current Completion Date is no later than 24 months
following the Commencement Date. We are recommending extending the
Commencement Date until February 28, 2011 and the Completion Date until
February 28, 2013.
In response to questions, Budget Director Tina Wilson said $9.3 million has been set
aside from the parking fund as a capital project to cover the purchase price. Planning
and Development Director Michael Delk said the traffic impact evaluation determined
the project would not overload nearby streets. The City Attorney said the applicant has
provided staff a letter from the bank extending its commitment of funds until December.
Consensus was to provide no further extensions to the project's start date beyond
February 2011 and to require the project be completed within 19 months of the start
date.
LOM, Inc. representative Gilud Ovakim said the project will begin prior to February 28,
2011 and be completed within 19 months.
Council 2010-10-05 Item #Z
Attachment number 1
Page 3 of 22
Councilmember Paul Gibson moved to approve amended Development Agreement
between the City of Clearwater and LOM, Inc. for the Surf Style Condominium Parking
Garage project, amending the Commencement Date to February 28, 2011 and
Completion Date within 19 months of the commencement date. The motion was duly
seconded and carried unanimously.
Resolution 10-26 was presented as amended and read by title only. Vice Mayor John
Doran moved to adopt Resolution 10-26 as amended. The motion was duly seconded
and upon roll call, the vote was:
"Ayes": Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember George N.
Cretekos, Councilmember Paul Gibson and Councilmember Bill Jonson.
"Nays": None.
This future land use plan amendment was passed on first reading by City Council
on August 5, 2010. In accordance with the Countywide Plan Rules, as well as
Chapter 163, Florida Statutes, the amendment was transmitted to both the
Pinellas Planning Council and the Board of County Commissioners acting as the
Countywide Planning Authority, as well as the Florida Department of Community
Affairs for review and approval.
Council 2010-10-05 Item #?b
Attachment number 1
Page 4 of 22
In their review and analysis of the original future land use map amendment
application and development agreement, Pinellas Planning Council (PPC) staff
recommended that portions of the amendment be denied, concluding that portions
of the amendment were inconsistent with the Countywide Plan Rules. On
September 7, 2010, the Planners Advisory Committee voted to recommend
approval of the amendment as submitted by the City by a vote of 6 to 4, counter to
the PPC staff recommendation. On September 9, 2010, City Planning and
Development Department staff and representatives of the applicant, Clearwater
Christian College, met with PPC staff to discuss an alternative compromise
recommendation proposed by PPC staff. After deliberations with Clearwater
Christian College, the Planning and Development Department agreed to bring the
compromise back to City Council for action. PPC staff brought forward this
alternative compromise recommendation to the Pinellas Planning Council at their
hearing on September 15, 2010, where the PPC recommended approval of the
alternative recommendation.
The proposed alternative compromise recommendation reduces the scope of the
amendment request from that which Council passed at first reading. Specifically,
the alternative compromise recommendation reduces the area requested to be
designated Institutional (1) within the area located north of the existing developed
Clearwater Christian College site, and also proposes that lands currently
designated Institutional (1) be designated Preservation (P).
The alternative compromise recommendation results in the following changes to
the total site (131.05 acres):
Amending Institutional (1) to Preservation (P) for the jurisdictional wetland area
and portion of the isolated upland area located north of the existing developed
Clearwater Christian College site (new);
Amending Preservation (P) to Institutional (1) for the area adjacent to the existing
soccer field (reduced);
Amending Preservation (P), Residential Low (RL), Recreation/Open Space
(R/OS) and Water/Drainage Feature Categories to Institutional (1) for the wetlands
and isolated uplands located west of the existing developed Clearwater Christian
College site (unchanged);
Amending Water/Drainage Feature to Preservation (P) and Preservation (P) to
Water/Drainage Feature, as appropriate, for the area east of the existing
developed Clearwater Christian College site (unchanged);
Amending Residential Low (RL) to Recreation/Open Space (R/OS) along
Bayshore Boulevard (unchanged); and
Amending Residential Low (RL) and Institutional (1) to Preservation (P) for the
Council 2010-10-05 Item #-46
Attachment number 1
Page 5 of 22
remaining isolated areas of Residential Low (RL) and Institutional (1) (unchanged).
The limits set forth in the previously approved Development Agreement
(DVA2010-06001) are as follows:
Limit residential density to 750 dormitory beds (unchanged); and
Limit the nonresidential intensity to 170,000 square feet of classrooms and
administrative facilities (unchanged) with a revised FAR 0.169.
The alternative compromise recommendation requires amendments to the
Development Agreement, including the master plan, which will be brought forward
for consideration at the time of third reading for the future land use plan
amendment.
The State of Florida Department of Community Affairs, Department of
Environmental Protection, Department of Transportation, Department of State,
and Florida Fish and Wildlife Conservation Commission had no objections to the
plan as originally submitted for review.
The Planning and Development Department has determined that the proposed
land use plan amendment is consistent with the following standards specified in
the Community Development Code:
The proposed land use plan amendment is consistent with the Comprehensive
Plan.
The proposed use is compatible with the surrounding area.
Sufficient public facilities are available to serve the property.
Based on the proposed mitigation plan, the applications will not have a negative
impact on the natural environment.
The proposed amendment will not adversely impact the use of properties in the
immediate area.
The Community Development Board will review the proposed amendment at their
meeting on October 19, 2010 and make a recommendation to the Council. The
Planning and Development Department will report the recommendation at the
October 21, 2010 City Council meeting.
In response to questions, Planner Lauren Matzke said amendments reduce
Institutional acreage to 23.07 and increase Preservation acreage to 85.63.
Planning and Development Director Michael Delk said the City must balance
Council 2010-10-05 Item #$
Attachment number 1
Page 6 of 22
the impact of college needs with Comprehensive Plan policies. The City
Council will consider the development agreement on October 21, 2010.
Support was expressed for the request as stormwater runoff at the 50-year
old school will be improved and encroachment into the Preservation area
is reduced. It was noted that agencies in the forefront of environmental issues
did not object to the project and the PPC board supported it by an 11:1 vote.
Attorney Katie Cole, representing Clearwater Christian College, said the
compromise provides the college a mechanism to submit the master site plan,
including a mitigation plan to SWFWMD (Southwest Florida Water
Management District) and U.S. Army Corps of Engineers. The amended
request reduces the impact on wetlands from 7.8 acres to 4.9 acres. The
1997 request with SWFWMD for a conservation easement on the property
was not recorded and does not exist. The campus stormwater system must
be upgraded in conjunction with the development. She said mitigation, as
authorized by permitting agencies, will occur and a conservation easement
will be placed on 100 acres even if a mitigation bank is not approved. She
requested that testimony from the August 5, 2010 City Council meeting be
incorporated into the record of this hearing.
Three individuals spoke in opposition. One individual spoke in support.
Discussion ensued regarding the role of the EAB (Environmental Advisory
Board). It was stated the EAB provides advice regarding environmental
policy and does not make determinations based on land use plans.
In response to questions, Assistant Planning and Development Director Gina
Clayton said she knew of no encroachments into wetlands in Clearwater,
regarding land use plan amendments, during her 11 years with the City.
Clearwater has invested significant funds to improve and increase wetlands
where aquifer recharge occurs. The college has adopted the same hurricane
evacuation provisions required of beach hotels. Environmental Manager Ed
Chesney said the Tampa Bay Estuary Program felt anything done to improve
water quality and circulation in Old Tampa Bay would be a benefit.
Councilmember George N. Cretekos moved to approve the Future Land Use Plan
Amendment from the Institutional (1), Commercial General (CG), Preservation (P),
Water/Drainage Feature, Recreation/Open Space (R/OS) and Residential Low (RL)
Categories to the Institutional (1), Preservation (P), Recreation/ Open Space (R/OS),
and Water/Drainage Feature Categories for property located at 3400 Gulf-to-Bay
Boulevard (consisting of a portion of Section 16, Township 29 South, Range 16 East),
amend the Future Land Use Plan Map and authorize the execution of Notification of
Council 2010-10-05 Item 06
Attachment number 1
Page 7 of 22
Local Government Action on Pinellas Planning Council's Alternative Recommendation
for Countywide Future Land Use Amendment. The motion was duly seconded and
carried unanimously.
Councilmember Paul Gibson moved to amend Ordinance 8197-10 to change the maps.
The motion was duly seconded and carried unanimously.
Ordinance 8197-10 was presented as amended and read by title only. Councilmember
Bill Jonson moved to pass Ordinance 8197-10 as amended on second reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes": Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember George N.
Cretekos, Councilmember Paul Gibson, and Councilmember Bill Jonson.
"Nays": None.
Resolution 10-24 was presented and read by title only. Vice Mayor John Doran moved
to adopt Resolution 10-24. The motion was duly seconded and upon roll call, the vote
was:
"Ayes": Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember George N.
Cretekos, Councilmember Paul Gibson, and Councilmember Bill Jonson.
"Nays": None.
8. Quasi-judicial Public Hearings
8.1 A rov the Zonin Atlas Amendment from the Institutional (1), Co rcial (C
Preservation (P), Low Density Residential (). and OD en oac / cr ation
Council 2010-10-05 Item #Z
Attachment number 1
Page 8 of 22
the area.
This future land use plan amendment was passed on first reading by City Council
on August 5, 2010. In accordance with the Countywide Plan Rules, as well as
Chapter 163, Florida Statutes, the amendment was transmitted to both the
Pinellas Planning Council and the Board of County Commissioners acting as the
Countywide Planning Authority, as well as the Florida Department of Community
Affairs for review and approval.
In their review and analysis of the original future land use map amendment
application and development agreement, Pinellas Planning Council (PPC) staff
recommended that portions of the amendment be denied, concluding that portions
of the amendment were inconsistent with the Countywide Plan Rules. On
September 7, 2010, the Planners Advisory Committee voted to recommend
approval of the amendment as submitted by the City by a vote of 6 to 4, counter to
the PPC staff recommendation. On September 9, 2010, City Planning and
Development Department staff and representatives of the applicant, Clearwater
Christian College, met with PPC staff to discuss an alternative compromise
recommendation proposed by PPC staff. After deliberations with Clearwater
Christian College, the Planning and Development Department agreed to bring the
compromise back to City Council for action. PPC staff brought forward this
alternative compromise recommendation to the Pinellas Planning Council at their
hearing on September 15, 2010, where the PPC recommended approval of the
alternative recommendation.
The proposed alternative compromise recommendation reduces the scope of the
amendment request from that which Council passed at first reading. Specifically,
the alternative compromise recommendation reduces the area requested to be
designated Institutional (1) within the area located north of the existing developed
Clearwater Christian College site, and also proposes that lands currently
designated Institutional (1) be designated Preservation (P).
The alternative compromise recommendation results in the following changes to
the total site (131.05 acres):
Amending Institutional (1) to Preservation (P) for the jurisdictional wetland area
and portion of the isolated upland area located north of the existing developed
Clearwater Christian College site (new);
Amending Preservation (P) to Institutional (1) for the area adjacent to the existing
soccer field (reduced);
Amending Preservation (P), Residential Low (RL), Recreation/Open Space
(R/OS) and Water/Drainage Feature Categories to Institutional (1) for the wetlands
and isolated uplands located west of the existing developed Clearwater Christian
Council 2010-10-05 Item #%
Attachment number 1
Page 9 of 22
College site (unchanged);
Amending Water/Drainage Feature to Preservation (P) and Preservation (P) to
Water/Drainage Feature, as appropriate, for the area east of the existing
developed Clearwater Christian College site (unchanged);
Amending Residential Low (RL) to Recreation/Open Space (R/OS) along
Bayshore Boulevard (unchanged); and
Amending Residential Low (RL) and Institutional (1) to Preservation (P) for the
remaining isolated areas of Residential Low (RL) and Institutional (1) (unchanged).
The limits set forth in the previously approved Development Agreement
(DVA2010-06001) are as follows:
Limit residential density to 750 dormitory beds (unchanged); and
Limit the nonresidential intensity to 170,000 square feet of classrooms and
administrative facilities (unchanged) with a revised FAR 0.169.
The alternative compromise recommendation requires amendments to the
Development Agreement, including the master plan, which will be brought forward
for consideration at the time of third reading for the future land use plan
amendment.
The State of Florida Department of Community Affairs, Department of
Environmental Protection, Department of Transportation, Department of State,
and Florida Fish and Wildlife Conservation Commission had no objections to the
plan as originally submitted for review.
The Planning and Development Department has determined that the proposed
land use plan amendment is consistent with the following standards specified in
the Community Development Code:
The proposed land use plan amendment is consistent with the Comprehensive
Plan.
The proposed use is compatible with the surrounding area.
Sufficient public facilities are available to serve the property.
Based on the proposed mitigation plan, the applications will not have a negative
impact on the natural environment.
The proposed amendment will not adversely impact the use of properties in the
Council 2010-10-05 Item #%
Attachment number 1
Page 10 of 22
immediate area.
The Community Development Board will review the proposed amendment at their
meeting on October 19, 2010 and make a recommendation to the Council. The
Planning and Development Department will report the recommendation at the
October 21, 2010 City Council meeting.
Vice Mayor John Doran moved to accept Lauren Matzke as an expert witness
in the fields of historic preservation, annexations, land development codes
and development code amendments, and comprehensive planning. The
motion was duly seconded and carried unanimously.
Planner Lauren Matzke reviewed the Staff Report.
Applicant representative Katie Cole requested that testimony and evidence
provided for the August 5, 2010 City Council meeting be incorporated into the
record of this hearing. She distributed resumes of applicant representatives
and requested that they be accepted as expert witnesses.
Councilmember Cretekos moved to accept David Gildersleeve, Brad
Hubbard, and Abbey Naylor as expert witnesses in the fields of
comprehensive planning, zoning and land use studies, land development
regulations, waterfront planning and design, development/ redevelopment
studies and plans, state and federal permitting, environmental site
assessments, wetland jurisdictional determinations, habitat mapping,
vegetative and hydrologic monitoring, permit compliance, and mitigation
banking. The motion was duly seconded and carried unanimously.
Ms. Cole said the development will enhance the wetlands and college
mitigation strategies. She said the planned 750 dormitory beds could be built
today with no changes.
Applicant representative Abbey Naylor reviewed her work on a mitigation
bank, which requires improving lost circulation and poor water quality
associated with construction of the causeway. She anticipated SWFWMD
and US Army Corps of Engineers would finalize decisions by late 2011.
Two individuals spoke in opposition. One individual spoke in support.
A letter received via email opposing the project was submitted into record.
Discussion ensued with comments that the request will remove commercial
and residential zoning from the wetlands. It was stated the plan has a
substantial public benefit, as more prosperous and healthy wetlands will
result.
Council 2010-10-05 Item 4($
Attachment number 1
Page 11 of 22
Councilmember George N. Cretekos moved to approve Approve the Zoning Atlas
Amendment from the Institutional (1), Commercial (C), Preservation (P), Low Density
Residential (LDR), and Open Space/Recreation (OS/R) Districts to the Institutional (1),
Preservation (P), and Open Space/Recreation (OS/R) Districts for property located at
3400 Gulf-to-Bay Boulevard (consisting of a portion of Section 16, Township 29 South,
Range 16 East), amend the Zoning Atlas. The motion was duly seconded and carried
unanimously.
Councilmember Paul Gibson moved to amend Ordinance by substituting the maps. The
motion was duly seconded and carried unanimously.
Ordinance 8198-10 was presented as amended and read by title only. Vice Mayor John
Doran moved to pass Ordinance 8198-10 on second reading as amended. The motion
was duly seconded and upon roll call, the vote was:
"Ayes": Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember George N.
Cretekos, Councilmember Paul Gibson, and Councilmember Bill Jonson.
"Nays": None.
The Council recessed from 7:51 p.m. to 8:01 p.m.
9. Second Readings - Public Hearing
9.1 Adopt Ordinance 8206-10 on second reading ann acing certain r al prop rt
whoa post office address is 1401 Lemon tr t9 together with the auttin. ri ht-
of-way of Lemon Street and Sunny ark Road, into the cororate limits of the city
and re fining the un a lines of the city to include said addition.
Ordinance 8206-10 was presented and read by title only. Councilmember Bill Jonson
moved to adopt Ordinance 8206-10 on second and final reading. The motion was duly
seconded and upon roll call, the vote was:
"Ayes": Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember George N.
Cretekos, and Councilmember Bill Jonson.
"Nays": None.
Absent: Councilmember Paul Gibson.
Council 2010-10-05 Item 416
Attachment number 1
Page 12 of 22
9.2 opt Ordinance 8207-10 on second reading, a nin the future land us plan
element of the Co pr h nsiv Ian of the city to designate the land use for
certain real property whoa post office address is 1401 Lemon tr t, to th r
with the abutting right-of-way of Lemon Street and Sunny ark Road, upon
annexation into the City of Clearwater, as Residential Low
Ordinance 8207-10 was presented and read by title only. Vice Mayor John
Doran moved to adopt Ordinance 8207-10 on second and final reading. The motion
was duly seconded and upon roll call, the vote was:
"Ayes": Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember George N.
Cretekos, and Councilmember Bill Jonson.
"Nays": None.
Absent: Councilmember Paul Gibson.
9.3 Adopt Ordinance 8208-10 on second reading, amending the Zoning Atlas of the
city y zonin certain real property whoa post office address is 1401 Lemon
Street, together with the abutting rig t-o-way of Lemon Street and Sunny ark
Road, upon ann xation into the City of Cl at r, as Low Mediu
nsity
aid ntial ?
Ordinance 8208-10 was presented and read by title only. Councilmember George N.
Cretekos moved to adopt Ordinance 8208-10 on second and final reading. The motion
was duly seconded and upon roll call, the vote was:
"Ayes": Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember George N.
Cretekos, and Councilmember Bill Jonson.
"Nays": None.
Absent: Councilmember Paul Gibson.
9.4 Adopt Ordinance 211-1 on second reading, akin text amendments to various
sections of the Co unity v lop nt Code, Amending Article 2, Article 3,
Article 7 and Article
Ordinance 8211-10 was presented and read by title only. Councilmember Bill Jonson
moved to adopt Ordinance 8211-10 on second and final reading. The motion was duly
Council 2010-10-05 Item 4Z
Attachment number 1
Page 13 of 22
seconded and upon roll call, the vote was:
"Ayes": Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember George N.
Cretekos, Councilmember Paul Gibson, and Councilmember Bill Jonson.
"Nays": None.
9.5 Adopt Ordinance 214-1 on second reading, amending Chapter 2, r s9
Beaches, cr, ation; Section 22.24, to inclu reference to Appendix A,
Schedule of Rates, Fee s and Char s; corr ctin a scrivener's error in hapt r
2 Subsection numbering; amending App nix A to define permanent residence
for the purposes of application offees.
Ordinance 8214-10 was presented and read by title only. Vice Mayor John
Doran moved to adopt Ordinance 8214-10 on second and final reading. The motion
was duly seconded and upon roll call, the vote was:
"Ayes": Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember George N.
Cretekos, Councilmember Paul Gibson, and Councilmember Bill Jonson.
"Nays": None.
Ordinance 8218-10 was presented and read by title only. Councilmember George N.
Cretekos moved to adopt Ordinance 8218-10 on second and final reading. The motion
was duly seconded and upon roll call, the vote was:
"Ayes": Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember George N.
Cretekos, Councilmember Paul Gibson, and Councilmember Bill Jonson.
"Nays": None.
Council 2010-10-05 Item 4?6
Attachment number 1
Page 14 of 22
9.7 opt Ordinance 21 -1 on second reading, amending the Capital I rov nt
Budget for the Fiscal Year ending September 30, 2010 to r fl ct a net increase of
$3,363,951.
Ordinance 8219-10 was presented and read by title only. Councilmember Paul
Gibson moved to adopt Ordinance 8219-10 on second and final reading. The motion
was duly seconded and upon roll call, the vote was:
"Ayes": Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember George N.
Cretekos, Councilmember Paul Gibson, and Councilmember Bill Jonson.
"Nays": None.
9.8 Adopt Ordinance 221-1 on second reading, conditionally vacating right-of--way
easement portion scribed as the East 1 feet of the West 2 feet of Lots
through 7 inclusive and the East 1 feet of the West 20 feet of the North .7 feet
of Lot all in F.A. nney°s Fair Lane Addition.
Ordinance 8221-10 was presented and read by title only. Vice Mayor John
Doran moved to adopt Ordinance 8221-10 on second and final reading. The motion
was duly seconded and upon roll call, the vote was:
"Ayes": Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember George N.
Cretekos, Councilmember Paul Gibson, and Councilmember Bill Jonson.
"Nays": None.
City Manager Reports
10. Other Items on City Manager Reports
In 2010, an interim rate study in progress identified a need for approximately
$46.7 million in capital project from Fiscal Year 2011 through Fiscal Year 2012,
Council 2010-10-05 Item 4-16
Attachment number 1
Page 15 of 22
with bonds to be issued in Fiscal Year 2012 of approximately $24,000,000 and in
Fiscal Year 2014 of approximately $20,000,000 to fund a portion of the needed
capital improvements. The Fiscal Year 2012 bond issue is expected to partially
finance the projects.
The date of issuance will be determined at a later date based on market
conditions.
The Water and Sewer fund will be incurring expenses on these projects prior to
the issuance of the bonds.
This reimbursement resolution will allow the City to be reimbursed from the Bond
proceeds.
In response to a question, Controller Keith Bush said the projects have been approved
for this year's budget. The resolution assures the city will be covered for
reimbursement.
Councilmember George N. Cretekos moved to establish the intent to reimburse certain
Water and Sewer project costs incurred with proceeds of future tax-exempt financing.
The motion was duly seconded and carried unanimously.
Resolution 10-22 was presented and read by title only. Councilmember Paul Gibson
moved to adopt Resolution 10-22. The motion was duly seconded and upon roll call, the
vote was:
"Ayes": Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember George N.
Cretekos, Councilmember Paul Gibson, and Councilmember Bill Jonson.
"Nays": None.
Attachment number 1
Page 16 of 22
annually. The replacement units have a larger currency stacker, which doubles
the capacity. This will enable the machines to operate over busy or extended
weekends and will eliminate the need for overtime to service the units and less
time spent collecting during normal work hours.
The existing units will be relocated to various beach off-street parking lots
replacing the single space traditional style parking meters.
Rockaway parking lot is a very busy location and currently operates with single
space meters. Replacing these meters with the pay stations will provide the
convenience of various payment options and eliminate the need to collect/service
the meters during busy periods.
There are minimal monthly wireless fees and equipment parts/repair costs.
The vendor has agreed to 2008 pricing (per the original RFP) and includes an
enhanced display with 4 lines of text.
It is impractical to bid a different system as it is more cost effective for the units to
be standardized for parts, service, and operations.
Funding for this purchase is included in the approved 2010/11 Parking Fund CIP
Budget (315-92636).
In response to questions, Parking Manager Tracey Bruch estimated approximately
$10,000 in overtime pay will be saved after installation of the new units. In the original
installation, no meter was more than 75 feet from any point in a parking lot. Ten units
are proposed for the Pier 60 lot due to its harsh environment.
Councilmember Bill Jonson moved to award a purchase order to CALE Parking System
USA, Inc., Tampa, FL, in the amount of $243,600, for twenty-four (24) Multi-Space Pay
and Display parking meter units, to replace the existing units in the Pier 60 and South
Gulfview lots, install new units in the Rockaway lot and authorize the appropriate
officials to execute same. The motion was duly seconded and carried unanimously.
Council 2010-10-05 Item 4(6
Attachment number 1
Page 17 of 22
provided for two (2) one-year renewals of the contract at the option of the
parties. This is the first of those renewals.
The terms of the contract provide for:
- Printing, processing (including insertions as required), affixing postage and
mailing of city utility bills
- Vendor provides all bill stock and envelopes (mailing and return)
- Pick-up, processing, affixing postage and mailing of city department mail
Estimated costs are:
Mail and Printing Services - $92,000;
Postage: Utility Bills - $274,000;
Postage: City Departmental Mail - $104,000;
Total: $470,000
Funding is available in Fiscal Year 2011 budget. Mail and Printing Services will be
charged to 0555-09872-530300-519-000-0000 and charged back to the
appropriate departmental cost centers. Postage for City of Clearwater Utility Bills
will be charged to 0555-09884-542500-519-000-0000. Postage for City
Departmental Mail will be charged to 0555-09872-542500-519-000-0000 and
charged back to the appropriate departmental cost centers.
This contract will be monitored and will be reviewed annually. This contract has
one (1) one (1) year extension option remaining with the consent of both parties.
In response to a question, Customer Service and Marketing Director Jim Geary said the
contract has saved utility services up to $59,000 a month, approximately 26% of its
mailing costs.
Vice Mayor John Doran moved to approve contract with Northeast II, Inc., DBA TC
Delivers of Tampa, FL, in the amount of $470,000 for utility bill printing and mailing and
for mail processing services and postage for the City of Clearwater from November 1,
2010 through October 31, 2011 and authorize the appropriate officials to execute same.
The motion was duly seconded and carried unanimously.
Council 2010-10-05 Item 4Z
Attachment number 1
Page 18 of 22
10.4 Accept funding totaling $207 , 660 from Coordinated Child Car and approve the
Corr sponinq aqr nt for youth and teen pro. ra s and authorize the
appropriate officials to execute same.
The City of Clearwater Parks and Recreation Department has been awarded
funding totaling $207,660 for Fiscal Year 2010/2011 from Coordinated Child Care.
Since the program began in 2000, the JWB (Juvenile Welfare Board) Children's
Services Council of Pinellas County was the contract agency. JWB is granting all
of the youth development, out of school time funding to Coordinated Child Care, a
non-profit and 501 c (3) agency. JWB has consolidated many of these types of
programs under one administrative service agency.
The Clearwater Parks and Recreation Charting a Course for Youth program was
developed to nurture youngsters at Clearwater neighborhoods in which youth
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.
The program is designed to incorporate exercise and nutrition based activities in
an after school and summer camp setting, to encourage healthy lifestyle choices,
improve social skills, increase athletic abilities, and develop leadership skills of the
participants.
There is no requirement to continue the program when the grant ends. Council
approval is required for each year of the agreement.
Councilmember George N. Cretekos moved to accept funding totaling $207,660 from
Coordinated Child Care and approve the corresponding agreement for youth and teen
programs and authorize the appropriate officials to execute same. The motion was duly
seconded and carried unanimously.
Council 2010-10-05 Item 4%
Attachment number 1
Page 19 of 22
The scope of the project was to provide renovations to accommodate the
beach lifeguards and their rescue equipment as well as a small area for
parking equipment. The existing building was built over 20 years ago and
has required constant maintenance to repair weathering issues, aesthetics
and plumbing issues.
This contract will provide for renovations of the existing building including,
enhanced storage areas on the ground floor, staff lockers, work areas,
bathroom and showers on the second floor and observation post and
staff/work room on the third floor. The building will increase from
approximately 1,800 sq. ft. to 2,280 sq. ft. and utilize the same building
footprint.
The City was denied a waiver of the ADA (American with Disabilities Act)
requirements to provide access to the second and third floors. In order to
comply with ADA requirements, this contract includes a widen stairwell to
accommodate an automated handicap wheel chair lift. Cost of the lift
(alternate 16), additional wide stairwell as well as other ADA improvements
to the building, added approximately $85,675 to the contract.
In addition, there is a $25,000 allowance (alternate 17) included in the
contract for structural modifications required to raise the existing building
above base flood elevation, from 13.7 feet to 14 feet (or 3 '/2 inches). A
waiver of this requirement is being requested at the Board of Adjustment
and Appeal for Building and Flood. If approved, the $25,000 will not be
required.
Due to additional costs, the project now exceeds $500,000 and a public art
fee of $5,610 is required.
The change order deduction is to reduce the contingency from $48,738.87
(10%) to $24,369.43 (5%).
Due to these unforeseen requirements, staff is requesting an additional
$116,285 from un-appropriated retained earnings of the parking fund be
transferred to the project 315-93411 at first quarter to cover the additional
costs of this project.
This project is awaiting approval from the Community Development Board
(CDB) in October for a rear setback reduction from the Coastal
Construction Control Line (CCCL) of approximately 22.9 feet. Denial of
this request will result in the project not moving forward.
Contingent upon the CDB's approval for a rear setback reduction and
Council's approval of this item, the contractor will begin work immediately
Council 2010-10-05 Item 4%
Attachment number 1
Page 20 of 22
and be completed prior to Spring Break. During construction, life guards
will work out of a temporary office located in Pier 60 Park and at the
Clearwater Beach Aquatics Center.
In response to questions, Parks and Recreation Director Kevin Dunbar said
improvements should be completed next spring. The State of Florida denied the ADA
waiver request and the decision cannot be appealed. The $25,000 saved by a waiver
approved by the Building/Flood Board of Adjustment and Appeals was moved into the
contingency category. The project will not have a public art component unless all
contingency funds are spent.
It was stated that the State's decision was based on concerns the Department of
Justice would enforce ADA requirements.
One individual supported the ADA legislation enacted in 1990.
Councilmember Paul Gibson moved to a contract to Khors Construction of
Thonotosassa, Florida, Bid 10-0042-PR, for the sum of $536,127.52 (including
alternates 16 and 17 and 10% contingency) and approve a change order deduction in
the amount of $24,369.44 for a net contract amount of $511,758.08 for the renovations
of the beach lifeguard building located south of Pier 60 on Clearwater Beach; approve
funds of $116,285 be transferred from un-appropriated retained earnings of the Parking
Fund to CIP 315-93411 at first quarter and authorize the appropriate officials to execute
same. The motion was duly seconded and carried unanimously.
Councilmember Bill Jonson moved to award contracts (blanket purchase orders) to
Baker and Taylor, Atlanta, GA - $260,000; Ingram Library Services, Atlanta, GA -
$185,000 for the purchase of library books and other materials for the contract period
October 1, 2010 through September 30, 2011 and authorize appropriate officials to
execute same. The motion was duly seconded and carried unanimously.
Council 2010-10-05 Item 9%
Attachment number 1
Page 21 of 22
10.7 Appoint to the unexpired terms currently vacant on the Brownfields Advisory
Board: Joseph DeCicco in the Agency or Government Representative category, to
complete term until May 31, 2012 and Barbara Green in the Resident category, to
complete term until May 31, 2011.
Vice Mayor John Doran moved to appoint to the unexpired terms currently vacant on
the Brownfields Advisory Board: Joseph DeCicco in the Agency or Government
Representative category, to complete term until May 31, 2012 and Barbara Green in the
Resident category, to complete term until May 31, 2011. The motion was duly seconded
and carried unanimously.
10.8 Appoint Patricia Power to the Environmental Advisorv Board to fill the unexpired
term currently vacant until September 30, 2012 and reappoint D. Michael Flanery,
as he wishes to be reappointed and there are no other qualified nominees, with
term to expire September 30, 2014.
Councilmember George N. Cretekos moved to appoint Patricia Power to the
Environmental Advisory Board to fill the unexpired term currently vacant until
September 30, 2012 and reappoint D. Michael Flanery, as he wishes to be reappointed
and there are no other qualified nominees, with term to expire September 30, 2014. The
motion was duly seconded and carried unanimously.
11. City Manager Verbal
The City Attorney was directed to draft an ordinance to provide no salary increase for
the City Council in January 2011.
12. Other Council Action
12.1 Homeless trateai s- Council member Gibson
Discussion ensued regarding homelessness in Clearwater, funding
challenges, and hurdles faced by the homeless.
Staff was directed to provide information regarding city funds provided
to CHIP (Clearwater Homeless Intervention Project).
Homeless Leadership Network representatives Sarah Snyder and Carlen
Peterson reviewed accomplishments toward implementing the 10-year Plan to
End Homelessness, funding and training sources, and connections with
Health and Human Services and the Veterans Administration through
Council 2010-10-05 Item 916
Attachment number 1
Page 22 of 22
HEARTH (Homeless Emergency Assistance and Rapid Transition to Housing)
Act.
Staff was directed to work with the Homeless Leadership Network to schedule
a Special Work Session in October or early November.
It was suggested that Dr. Marbut, Haven of Hope, be invited to the Special
Work Session.
13.
Mayor Frank Hibbard reviewed recent and upcoming events and thanked the
volunteers of Carefest.
14.
The meeting was adjourned at 9:11 p.m.
Mayor
City of Clearwater
Attest
City Clerk
Council 2010-10-05 Item 9Z
?- Meeting Date: 10/21/20 10
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Amend the Development Agreement between Clearwater Christian College Private School, Inc. (property owner) and the City of
Clearwater, previously approved by City Council on August 5, 2010, to revise the master plan boundaries consistent with the
Pinellas Planning Council's Alternative Compromise Recommendation accepted by City Council on October 5, 2010 and adopt
Resolution 10-23. (DVA2010-06001)
SUMMARY:
The subject property is 131.05 acres located on the north side of Gulf-to-Bay Boulevard, approximately 900 feet east of Bayshore
Boulevard.
There is a companion application to amend the Future Land Use Map categories for the subject properties from Institutional (I),
Commercial General (CG), Preservation (P), Recreation/Open Space (R/OS), Residential Low (RL), and Water/Drainage Feature
categories to Institutional (I), Preservation (P), Recreation/Open Space (R/OS), and Water/Drainage Feature categories, and to
rezone this area from Institutional (I), Commercial (C), Open Space/Recreation (OS/R), Low Density Residential (LDR) and
Preservation (P) districts to Institutional (I), Open Space/Recreation (OS/R), and Preservation (P) districts (LUZ2010-06002).
On August 3, 2010, the Community Development Board approved the Development Agreement to divide the property into a
Mitigation Area (98.99 acres) and a Master Plan Area (32.06 acres), and to create a conceptual Master Plan limiting residential
density to 750 dormitory beds and nonresidential density to 170,000 square feet (0.149 floor area ratio). This Development
Agreement was passed by City Council on August 5, 2010.
On September 15, 2010, the Pinellas Planning Council recommended approval of an alternative compromise recommendation for
the companion land use case, reducing the scope of the amendment request from that which Council passed at first reading.
The proposal is in compliance with the standards for development agreements and is consistent with the Comprehensive Plan. The
proposed Development Agreement includes the following main provisions:
Amends the Master Plan to reflect contracted boundaries for the proposed Institutional (I) area, consistent with the companion
Future Land Use Map amendment and rezoning (LUZ2010-06002). The revised Master Plan Area would be reduced from 32.06
acres (originally proposed) to 28.55 acres of land, and the revised Mitigation Area would increase from 98.99 acres (originally
proposed) to 102.5 acres of land.
Replaces the Master Plan Area and Mitigation Area legal descriptions, the Master Plan, and the Project Future Land Use and
Zoning Maps in the recorded Development Agreement with updated versions reflecting the contracted boundaries of the alternative
compromise.
Allows for two extensions of time of up to 12 months each, if requested by the Developer, for the completion of the final approval
of the amended Future Land Use Map, the amendment of the Zoning Atlas to reflect the desired designations, and the final
approval by the appropriate local, state and federal permitting agencies of the proposed jurisdictional line as shown on the revised
Master Plan.
Adds language requiring evacuation of all persons except emergency personnel after the issuance of a hurricane watch by the
National Hurricane Center
Cover Memo
Allows for the use of transfer of development rights to be used in connection with the development of the Master Plan Area
Item # 7
The Community Development Board will review this Development Agreement at its public hearing on October 19, 2010 and the
Planning Department will report its recommendation at the council meeting.
Review Approval: 1) City Manager 2) Clerk
Cover Memo
Item # 7
Attachment number 1
Page 1 of 9
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LOCATION MAP
Owners: Clearwater Christian College Case: LUZ2010-06002 &
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Site: 3400 Gulf-to-Bay Boulevard Property
Size(Acres): 131.05
Land Use Zoning 16-29-16-00000-120-0100
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PIN:
From : I, CG, P, R/OS, RL, & I, C, P, LDR, & 16-29-16-00000-130-0200
Water/Drainage Feature OS/R 16-29-16-00000-11 0-01 00
To: I, P, R/OS, & I, P, & OS/R
Water/Drainage Feature Atlas Page: 292B
S:APlanning Department\C D B\Land Use Amendments\LUZ 2010\LUZ2010-06002 - 3400 Gulf to Bay Blvd - Clearwater Christian
CollegeAMaps\PPC Alternative Recommendation Maps\LUZ2010-06002 LOCATION.docx Item # 7
Attachment number 1
Page 2 of 9
AERIAL MAP
Owners: Clearwater Christian College Case: LUZ2010-06002 &
DVA2010-06001
Site: 3400 Gulf-to-Bay Boulevard Property 131.05
Size(Acres):
Land Use Zoning 16-29-16-00000-120-0100
PIN: 16-29-16-00000-140-0100
From : I, CG, P, R/OS, RL, & I, C, P, LDR, & 16-29-16-00000-130-0200
Water/Drainage OS/R 16-29-16-00000-110-0100
To: I, P, R/OS, & I, P, & OS/R
Water/Drainage Atlas Page: 292B
S:APlanning Department\C D B\Land Use Amendments\LUZ 2010\LUZ2010-06002 - 3400 Gulf to Bay Blvd -Clearwater Christian
CollegeAMaps\PPC Alternative Recommendation Maps\LUZ2010-06002 AERIAL.doc Item # 7
Attachment number 1
Page 3 of 9
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Owners: Clearwater Christian College Case: LUZ2010-06002 &
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Site: 3400 Gulf-to-Bay Boulevard Property 131.05
Size(Acres):
Land Use Zoning 16-29-16-00000-120-0100
16-29-16-00000-140-0100
PIN:
From : I, CG, P, R/OS, RL, & I, C, P, LDR, & 16-29-16-00000-130-0200
Water/Drainage Feature OS/R 16-29-16-00000-110-0100
To: I, P, R/OS, & I, P, & OS/R
Water/Drainage Feature Atlas Page: 292B
S:APlanning Department\C D B\Land Use Amendments\LUZ 2010\LUZ2010-06002 - 3400 Gulf to Bay Blvd -Clearwater Christian
CollegeAMaps\PPC Alternative Recommendation Maps\LUZ2010-06002 FLU BEFORE.docx Item # 7
Attachment number 1
Page 4 of 9
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PROPOSED FUTURE LAND USE MAP (Original)
Owners: Clearwater Christian College Case: LUZ2010-06002 &
DVA2010-06001
Site: 3400 Gulf-to-Bay Boulevard Property 131.05
Size(Acres):
Land Use Zoning 16-29-16-00000-120-0100
16-29-16-00000-140-0100
PIN:
From : I, CG, P, R/OS, RL, & I, C, P, LDR, & 16-29-16-00000-130-0200
Water/Drainage Feature OS/R 16-29-16-00000-110-0100
To: I, P, R/OS, & I, P, & OS/R
Water/Drainage Feature Atlas Page: 292B
S:APlanning Department\C D 13\1-and Use Amendments\LUZ 2010\LUZ2010-06002 -3400 Gulf to Bay Blvd - Clearwater Christian
CollegeAMaps\PPC Alternative Recommendation Maps\LUZ2010-06002 ORIGINAL PROPOSED FLU AFTER.docx Item # 7
Attachment number 1
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PROPOSED FUTURE LAND USE (Alternative Compromise)
Owners: Clearwater Christian College Case: LUZ2010-06002 &
DVA2010-06001
Site: 3400 Gulf-to-Bay Boulevard Property 131.05
Size(Acres):
Land Use Zoning 16-29-16-00000-120-0100
16-29-16-00000-140-0100
PIN:
From : I, CG, P, R/OS, RL, & I, C, P, LDR, & 16-29-16-00000-130-0200
Water/Drainage Feature OS/R 16-29-16-00000-110-0100
To: I, P, R/OS, & I, P, & OS/R
Water/Drainage Feature Atlas Page: 292B
S:APlanning Department\C D B\Land Use Amendments\LUZ 2010\LUZ2010-06002 - 3400 Gulf to Bay Blvd - Clearwater Christian CollegeAMaps\PPC Alternative
Recommendation Maps\LUZ2010-06002 FLU AFTER.doc item # 7
Attachment number 1
Page 6 of 9
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Owners: Clearwater Christian College Case: LUZ2010-06002 &
DVA2010-06001
Site: 3400 Gulf-to-Bay Boulevard Property
Size(Acres): 131.05
Land Use Zoning 16-29-16-00000-120-0100
16-29-16-00000-140-0100
PIN:
From : I, CG, P, R/OS, RL, & I, C, P, LDR, & 16-29-16-00000-130-0200
Water/Drainage Feature OS/R 16-29-16-00000-110-0100
To: I, P, R/OS, & I, P, & OS/R
Water/Drainage Feature Atlas Page: 292B
S:APlanning Department\C D B\Land Use Amendments\LUZ 2010\LUZ2010-06002 - 3400 Gulf to Bay Blvd -Clearwater Christian
CollegeAMaps\PPC Alternative Recommendation Maps\LUZ2010-06002 ZONE BEFORE.docx Item # 7
Attachment number 1
Page 7 of 9
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PROPOSED ZONING MAP (Original)
Owners: Clearwater Christian College Case: LUZ2010-06002 &
DVA2010-06001
Site: 3400 Gulf-to-Bay Boulevard Property
Size(Acres): 131.05
Land Use Zoning 16-29-16-00000-120-0100
16-29-16-00000-140-0100
PIN:
From : I, CG, P, R/OS, RL, & I, C, P, LDR, & 16-29-16-00000-130-0200
Water/Drainage Feature OS/R 16-29-16-00000-110-0100
To: I, P, R/OS, & I, P, & OS/R
Water/Drainage Feature Atlas Page: 292B
S:APlanning Department\C D B\Land Use Amendments\LUZ 2010\LUZ2010-06002 - 3400 Gulf to Bay Blvd -Clearwater Christian
CollegeAMaps\PPC Alternative Recommendation Maps\LUZ2010-06002 ORIGINAL PROPOSED ZONE AFTER.docx Item # 7
Attachment number 1
Page 8 of 9
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PROPOSED ZONING MAP (Alternative Compromise)
Owners: Clearwater Christian College Case: LUZ2010-06002 &
DVA2010-06001
Site: 3400 Gulf-to-Bay Boulevard Property
Size(Acres): 131.05
Land Use Zoning 16-29-16-00000-120-0100
16-29-16-00000-140-0100
PIN:
From : I, CG, P, R/OS, RL, & I, C, P, LDR, & 16-29-16-00000-130-0200
Water/Drainage Feature OS/R 16-29-16-00000-110-0100
To: I, P, R/OS, & I, P, & OS/R
Water/Drainage Feature Atlas Page: 292B
S:APlanning Department\C D B\Land Use Amendments\LUZ 2010\LUZ2010-06002 - 3400 Gulf to Bay Blvd -Clearwater Christian
CollegeAMaps\PPC Alternative Recommendation Maps\LUZ2010-06002 ZONE AFTER.doc Item # 7
Attachment number 1
Page 9 of 9
S:APlanning Department\C D B\Land Use Amendments\LUZ 2010\LUZ2010-06002 - 3400 Gulf to Bay Blvd -Clearwater Christian
CollegeAMaps\PPC Alternative Recommendation Maps\LUZ2010-06002 EXIST.docx Item # 7
Attachment number 2
Page 1 of 19
This instrument was prepared by
and return to:
Katherine E. Cole, Esquire
Johnson, Pope, Bokor,
Ruppel & Burns, LLP
P. O. Box 1368
Clearwater, FL 33757-1368
FIRST AMENDMENT TO DEVELOPMENT AGREEMENT
THIS FIRST AMENDMENT TO DEVELOPMENT AGREEMENT
("Amendment") is entered into among CLEARWATER CHRISTIAN COLLEGE
PRIVATE SCHOOL, INC., a Florida non-profit corporation, its successors and assigns
(collectively the "Developer"), whose address is 3400 Gulf-to-Bay Boulevard,
Clearwater, Florida 33759, and THE CITY OF CLEARWATER, FLORIDA, a
municipality of the State of Florida acting through its City Council, the governing body
thereof (the "City"), whose address is 112 South Osceola Avenue, Clearwater, Florida
33756.
WITNESSETH:
WHEREAS, the City and Developer entered into a Development Agreement,
dated August 12, 2010, recorded in O.R. Book 17005, Page 630, Public Records of
Pinellas County, Florida ("Agreement") concerning 131.05 acres of property more
particularly described therein (the "Property");
WHEREAS, Section 5.1 of the Agreement provides that the Agreement shall not
be effective until final approval and effectiveness of certain zoning designations and
future land use map designations for the Property;
WHEREAS, Section 6.1.4 of the Agreement provides for the establishment of a
Conservation Easement;
WHEREAS, Section 6.1.3.1 of the Agreement provides that the Property must be
developed in substantial conformance with a Master Plan;
WHEREAS, during the approval process, the proposed area of the land use plan
and zoning changes was modified, which resulted in changes to the Mitigation Area, the
Master Plan Area, the Master Plan and the proposed conservation easement area;
WHEREAS, the parties have agreed to certain revisions to the Agreement to
incorporate these changes;
Item # 7
Attachment number 2
Page 2 of 19
WHEREAS, the City has conducted such hearings as are required by and in
accordance with Chapter 163.3220 et sec . Fla Stat. and applicable law;
WHEREAS, the City has determined that as of the Effective Date of this
Amendment the proposed development is consistent with the City's Comprehensive Plan
and Land Development Regulations;
WHEREAS, at a duly called public meeting on October 21, 2010, the City
Council approved this Amendment, and authorized and directed its execution by the
appropriate officials of the City; and
WHEREAS, Developer has approved this Amendment and has duly authorized
the undersigned individual to execute this Amendment on Developer's behalf;
NOW, THEREFORE, in consideration of the mutual promises and covenants
contained herein, the parties hereby agree as follows:
Section 1. Recitals. The above recitals are true and correct and are a part of
this Agreement.
Section 2. Capitalized Terms. Capitalized terms used herein that are not
defined shall have the same meanings given to such terms in the Agreement.
Section 3. Amendment to Agreement. The Agreement is amended as
follows:
3.1 All references in the Agreement to the Mitigation Area shall refer to 102.5 acres.
3.2 Notwithstanding any references in the Agreement to the contrary, the Developer
has requested a future land use map amendment resulting in a change of approximately
12.99 acres m.o.l. of the Property.
3.3 Exhibit A to the Agreement, Legal Description of Master Plan Area and
Mitigation Area, is hereby deleted and replaced with the "Revised Exhibit A" attached to
this Amendment.
3.4 Exhibit B to the Agreement, the Master Plan, is hereby deleted and replaced with
the "Revised Exhibit B" attached to this Amendment.
3.5 Exhibit C to the Agreement, Mitigation Narrative, is hereby deleted and replaced
with the "Revised Exhibit C" attached to this Amendment.
3.6 Exhibit D to the Agreement, the Project Future Land Use and Zoning Maps, is
hereby deleted and replaced with "Revised Exhibit D" attached to this Amendment.
3.7 Section 4.2 of the Agreement is hereby amended to read:
2 Item # 7
Attachment number 2
Page 3 of 19
The Project shall include " parking spaces, as shown on the Master Plan
attached where 386 are existing today.
3.8 Section 4.3 of the Agreement is hereby amended to read:
The proposed floor area ratio on the Master Plan Area shall not exceed
nonresidential area and the proposed density shall not exceed 750 dormitory beds
the multiplier of 3
beds per unit ("Residential Equivalent Use")
. The proposed height of the
Master Plan buildings, as defined in the Code, is a maximum of 50 feet. There is
no proposed on the Mitigation Plan Area.
3.9 Section 6.1.3.5 of the Agreement is hereby amended to read:
The residential density shall be limited to 750 beds
the Institutional density
of 12.5 dwelling units per acre
pursuant to the Pinellas Planning Council Countywide Rule
3.10 The following Section 6.1.3.9 is hereby added to the Agreement:
I' µ
Article 4
3.11 Section 6.1.3.6 of the Agreement is hereby amended to read:
6.1.3.6 The Developer shall implement a hurricane evacuation plan
approved by the City of Clearwater
-and
include in published Safety Manual. All students, faculty and
staff shall receive a copy of such plan at the beginning of each school semester.
3 Item # 7
Attachment number 2
Page 4 of 19
,,,,,All dormitory construction shall meet
Florida Building Code standards for construction in a Coastal High Hazard area
and shall not compromise the flooding on the adjacent property.
3.12 Section 5.2 of the Agreement is hereby amended to read:
5.2 Within fourteen (14) days after the City approves the execution of this
Agreement, the City shall record the Agreement with the Clerk of the Circuit
Court for Pinellas County. The Developer shall pay the cost of such recording.
The City shall submit to the Department of Community Affairs a copy of the
recorded Agreement within fourteen (14) days after the Agreement is recorded.
In the event that the contingencies described in Section 5.1.2, Section 5.1.3, and
Section 5.1.4 above, are not satisfied within twelve (12) months from the date
hereof, the City and Developer agree to execute and deliver a termination of this
Agreement, recordable form, which shall be recorded in the Public Records of
Pinellas County, Florida at the expense of the Developer. Notwithstanding the
foregoing, Developer may request extensions of time, via the Community
Development Coordinator, for the completion of these contingencies for no more
than twelve additional months
Section 4. Ratification. Except as modified herein, the terms and conditions
of the Agreement remain in full force and effect and are ratified by the parties.
Section 5. Effective Date. As provided in §163.3239, Florida Statutes (2010),
this Amendment will become effective after being recorded in the Public Records of
Pinellas County, Florida, and 30 days after having been received by the state land
planning agency.
4 Item # 7
Attachment number 2
Page 5 of 19
IN WITNESS WHEREOF, the parties hereto have set their hands and their
respective seals affixed as of this day of , 2010.
Countersigned: CITY OF CLEARWATER, FLORIDA
By:
Frank V. Hibbard William B. Horne II
Mayor City Manager
Approved as to form: Attest:
Leslie K. Dougall-Sides Cynthia E. Goudeau
Assistant City Attorney City Clerk
STATE OF FLORIDA )
COUNTY OF PINELLAS )
The foregoing instrument was acknowledged before me this day of
, 2010, by FRANK V. HIBBARD, Mayor of the City of Clearwater, who
is personally known to me.
Print/Type Name:
Notary Public
STATE OF FLORIDA )
COUNTY OF PINELLAS )
The foregoing instrument was acknowledged before me this day of
, 2010, by WILLIAM B. HORNE II, City Manager of the City of
Clearwater, who is personally known to me.
Print/Type Name:
Notary Public
5 Item # 7
Attachment number 2
Page 6 of 19
Witnesses: CLEARWATER CHRISTIAN COLLEGE
PRIVATE SCHOOL, INC., a Florida
non profit corporation
By:
Signature Richard Stratton
President
Print name
Signature
Print name
STATE OF FLORIDA )
COUNTY OF PINELLAS )
The foregoing instrument was acknowledged before me this day of
2010, by Richard Stratton, as President of CLEARWATER
CHRISTIAN COLLEGE PRIVATE SCHOOL, INC., a Florida non profit corporation, on
behalf of the corporation. He ? is personally known to me or ? produced
as identification.
NOTARY PUBLIC
Printed Name:
Commission No.
My Commission expires:
#539448 v1 - CCC/1st Amend to Dev Agt
6 Item # 7
Revised Exhibit A
Page 1 of 6
Master Plan Area
SKETCH AND LEGAL
DESCRIPTION
NORTH
0 200 400
GRAPHIC SCALE
LEGEND/ABBREVIATIONS
LB = LICENSED BUSINESS
R/W = RIGHT OF WAY
PG/P = PAGE
ORB = OFFICIAL RECORDS BOOK
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RAD: 25-00
ARC: 37.46'
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CHB: 568'13'01 "E
1 1.
THE NORTH 1/2 OF THE NE 1/4
SEC 16, TWP 29 S. RGE 16 E
RAD: 25.00 DELTA: 85'5105
ARC: 39.24' ?5
C3 CH: 35.34' k",
CHB: N19'53'43"E x&13 3
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ARC: 150.00' I -i ?Qy ?? gyp.
Attachment number 2
Page 7 of 19
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ARC: 151.37' CAMPBELL
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CHB: S83'22'38"W
DELTA: 01'34'10"
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FOR GEOMETRY LINE TABLES AND NOTES, SEE SHEET 2 OF 3
FOR LEGAL DESCRIPTION, SIGNATURE AND SEAL, SEE SHEET 3 OF 3
WADE TRIM SKETCH & DESCRIPTION
A WADE TRIM COMPANY - CIVIL ENGINEERING & LAND SURVEYING SINCE 1976 DATE: OCTOBER 5, 2010
1410 LPGA Blvd., Suite 148, Daytona Beach, FL 32117 ZZZ229009M
LB #2232 #7565 Phone: 386-274-1600 Fax: 386-274-1602 DEV AREA 28.55.DWG SHEET 1 OF 3 1" = 400'
aem ?T t
Revised Exhibit A
Page 2 of 6
Attachment number 2
Page 8 of 19
SKETCH AND LEGAL DESCRIPTION
LINE TABLE
LINE LENGTH BEARING
L1 50.00 N05'50'16'W
L2 75.89 N82'35'34'E
L3 17.60 N18'25'35'E
L4 11.75 N66'10'36'W
L5 3630 N07'24144'E
L6 34.57 N27'46'29'E
L7 26,14 N22'06'03'E
L8 21.03 SB5'27'49'E
L9 47.05 N00'22'32'W
L10 10.17 N76'03'09'W
L11 49.43 N09'14'50'W
L12 49.13 N21'51'04'W
L13 15.55 N61'45'36'W
L14 36.76 N39'48'21'W
L15 38.04 N03'51'29'E
L16 39.77 N01'01'26'W
L17 22.62 N39'14'16'W
L18 6,68 N02'01'50'E
L19 21,83 N48'07'04'E
L20 23.22 N23'43'08'W
L21 17.15 N60'13'20'E
L22 10.05 N06'42'31'E
L23 13.11 N41'29'06'W
L24 25.74 N45'22'31'E
1-25 23.82 N63'18'48'E
L26 49.94 N53'55'07'E
L27 56.85 N00'16'34'W
L28 180.68 N89'43'26'E
L29 107.99 N00'16'34'W
L30 17,99 N89'43'26'E
L31 68.66 N00'56'49'W
L32 71.74 N14'00'29'W
L33 31.35 N14.13'49'W
L34 146,53 N25'04'24'W
L35 47.65 N64'51'49'E
L36 61.06 N55°02'03'E
L37 52.20 N61'14'38'E
1-38 37.84 N63'49'2B'E
L39 92.52 N70'22'20'E
THIS SPACE RESERVED FOR
RECORDING INFORMATION
L40 104.72 N68'51'27'E
L41 63.57 S25'17'28'E
L42 40.81 N36'18'39'E
L43 19.77 N29'55'15'E
L44 18.51 N66'58'31'E
L45 27.81 S85'43'35'E
L46 24.66 N71'55'13'E
L47 30.63 N52'06'00'E
L48 204.74 S89'49'20'E
L49 9.09 N62'13'50'E
L50 26.32 N21'46'43'E
L51 28.03 N34'3B'33'W
L52 36.60 N4 0'45'36'W
L53 47.45 S85'40'57'W
1-54 17.54 N42'47'16'W
L55 11.80 N21'20'23'E
L56 23.76 N89'08'03'E
L57 9.50 N47'26'36'E
L58 27.47 N06.22'13'E
L59 22.62 N78'25'27'E
L60 14.18 N46'51'13'E
L61 20,43 S49'55'47'E
L62 25.83 S23'46'33'E
L63 56,43 N71'05'46'E
L64 9.36 S38'52'30'E
L65 24,28 S67'05'16'E
L66 24.29 N33'07'17'E
L67 28.70 S69'05'02'E
L68 30.96 S24'08'40'E
L69 8.64 S20*16'44'E
L70 11.51 S87'50'35'W
L71 19.46 S26'48'43'W
L72 19.13 S23'25'49'W
L73 24.18 S11'23'43'E
L74 17.83 N49'11'46'E
L75 34.97 N82'99'36'E
SURVEYOR'S NOTES:
1. BASIS OF BEARINGS: ASSUMED, WITH THE NORTHERLY LINE OF STATE ROAD 60, AS SHOWN, BEING S823534"W.
2. THERE MAY BE EASEMENTS AND OTHER ITEMS OF RECORD NOT SHOWN HEREON (NO TITLE WORK FURNISHED).
3. THIS IS A GRAPHIC ILLUSTRATION FOR INFORMATIONAL PURPOSES ONLY, AND IS NOT INTENDED TO DEPICT A
FIELD SURVEY.
4. THIS IS NOT A BOUNDARY SURVEY.
WADE TRIM SKETCH & DESCRIPTION
CIVIL ENGINEERING & LAND SURVEYING SINCE 1976 DATE: OCTOBER 5, 2010
1410 LPGA Blvd., Suite 148, Daytona Beach, FL 32117 ZZZ229009M
LB #2232 #7565 Phone: 386-274-1600 Fax: 386-274-1602 DEV AREA 28.55.DWG SHEET 2 OF 3 KJK
Item # 7
Revised Exhibit A Attachment number 2
Page 3 of 6 Page 9 of 19
SKETCH AND LEGAL DESCRIPTION
THIS SPACE RESERVED FOR
RECORDING INFORMATION
LEGAL DESCRIPTION
A PARCEL OF LAND LOCATED WITHIN GOVERNMENT LOT 1, SECTION 15, TOWNSHIP 29 SOUTH, RANGE 16 EAST AND GOVERNMENT LOTS
3 AND 4, SECTION 16, TOWNSHIP 29 SOUTH, RANGE 16 EAST, AND THE NORTH h OF THE NORTHEAST J4 OF SAID SECTION 16,
PINELLAS COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE INTERSECTION OF THE
SOUTHEASTERLY MOST CORNER OF THE CLEARWATER CHRISTIAN COLLEGE CAMPUS LANDS, WITH THE NORTHERLY RIGHT-OF-WAY LINE
OF STATE ROAD 60 (ALSO KNOWN AS GULF-TO-BAY BOULEVARD, COURTNEY CAMPBELL CAUSEWAY AND DAVIS CAUSEWAY) FOR A
POINT OF BEGINNING;
THENCE S82'35'34"W ALONG SAID NORTHERLY RIGHT-OF-WAY LINE FOR A DISTANCE OF 828.46 FEET TO A POINT OF CURVATURE;
THENCE ALONG SAID CURVE TO THE RIGHT HAVING A RADIUS OF 5525.83 FEET, AN ARC LENGTH OF 151.37 FEET, A CENTRAL ANGLE
OF 01'34'10", A CHORD BEARING OF S83'22'38'W AND A CHORD DISTANCE OF 151.36 FEET TO A NON-TANGENT LINE; THENCE
DEPARTING SAID NORTHERLY RIGHT-OF-WAY LINE N05'50'16"W ALONG SAID LINE FOR A DISTANCE OF 50.00 FEET TO A NON-TANGENT
CURVE; THENCE ALONG SAID CURVE TO THE LEFT HAVING A RADIUS OF 5475.83 FEET, AN ARC LENGTH OF 150.00 FEET, A CENTRAL
ANGLE OF 01'34'10", A CHORD BEARING OF N83'22'38'E AND A CHORD DISTANCE OF 150.00 FEET TO A POINT OF TANGENCY; THENCE
N82'35'34"E FOR A DISTANCE OF 75.89 FEET; THENCE N18'25'35"E FOR A DISTANCE OF 17.60 FEET; THENCE N66'10'36'W FOR A
DISTANCE OF 11.75 FEET; THENCE N07'24'44'E FOR A DISTANCE OF 36.90 FEET; THENCE N27'46'29'E FOR A DISTANCE OF 34.57
FEET; THENCE N22'06'03"E FOR A DISTANCE OF 26.14 FEET; THENCE S85'27'49'E FOR A DISTANCE OF 21.03 FEET; THENCE
N00'22'32'W FOR A DISTANCE OF 47.05 FEET; THENCE N76'03'09"W FOR A DISTANCE OF 10.17 FEET; THENCE N09'14'50"W FOR A
DISTANCE OF 49.43 FEET; THENCE N21'51'04'W FOR A DISTANCE OF 49.13 FEET; THENCE N61'45'36'W FOR A DISTANCE OF 15.55
FEET; THENCE N39'48'21'W FOR A DISTANCE OF 36.76 FEET; THENCE N03'51'29'E FOR A DISTANCE OF 38.04 FEET; THENCE
N01'01'26'W FOR A DISTANCE OF 39.77 FEET; THENCE N39'14'16'W FOR A DISTANCE OF 22.62 FEET; THENCE N02'01'50"E FOR A
DISTANCE OF 6.68 FEET; THENCE N48'07'04'E FOR A DISTANCE OF 21.83 FEET; THENCE N23'43'08"W FOR A DISTANCE OF 23.22 FEET;
THENCE N60'13'20"E FOR A DISTANCE OF 17.15 FEET; THENCE N06'42'31'E FOR A DISTANCE OF 10.05 FEET; THENCE N41'29'06"W FOR
A DISTANCE OF 13.11 FEET; THENCE N45'22'31'E FOR A DISTANCE OF 25.74 FEET; THENCE N63'18'48"E FOR A DISTANCE OF 23.82
FEET; THENCE N53'55'07'E FOR A DISTANCE OF 49.94 FEET; THENCE N00'16'34"W FOR A DISTANCE OF 56.85 FEET; THENCE
N89'43'26'E FOR A DISTANCE OF 180.68 FEET; THENCE NOO'16'34"W FOR A DISTANCE OF 107.99 FEET; THENCE N89'43'26"E FOR A
DISTANCE OF 17.99 FEET; THENCE N00'56'49"W FOR A DISTANCE OF 68.66 FEET; THENCE N14'00'29'W FOR A DISTANCE OF 71.74
FEET; THENCE N14'13'49"W FOR A DISTANCE OF 31.35 FEET; THENCE N25'04'24"W FOR A DISTANCE OF 148.53 FEET TO A POINT OF
CURVATURE; THENCE ALONG SAID CURVE TO THE RIGHT HAVING A RADIUS OF 25.00 FEET, AN ARC LENGTH OF 39.24 FEET, A
CENTRAL ANGLE OF 89'56'13", A CHORD BEARING OF N19'53'43'E AND A CHORD DISTANCE OF 35.34 FEET TO A POINT OF TANGENCY;
THENCE N64'51'49'E FOR A DISTANCE OF 47.65 FEET; THENCE N55'02'03'E FOR A DISTANCE OF 61.06 FEET; THENCE N61'14'38"E FOR
A DISTANCE OF 52.20 FEET; THENCE N63'49'38'E FOR A DISTANCE OF 37.84 FEET; THENCE N70'22'20"E FORA DISTANCE OF 92.52
FEET; THENCE N68'51'27"E FOR A DISTANCE OF 104.70 FEET TO A POINT OF CURVATURE; THENCE ALONG SAID CURVE TO THE RIGHT
HAVING A RADIUS OF 25.00 FEET, AN ARC LENGTH OF 37.46 FEET, A CENTRAL ANGLE OF 85'51'05", A CHORD BEARING OF
S68'13'01'E AND A CHORD DISTANCE OF 34.05 FEET TO POINT OF TANGENCY; THENCE S25'17'28'E FOR A DISTANCE OF 63.57 FEET;
THENCE N36'18'39'E FOR A DISTANCE OF 40.81 FEET; THENCE N29'55'15"E FOR A DISTANCE OF 19.77 FEET; THENCE N66'58'31 "E FOR
A DISTANCE OF 18.51 FEET; THENCE S85'43'35'E FOR A DISTANCE OF 27.81 FEET; THENCE N71'55'13"E FOR A DISTANCE OF 24.66
FEET; THENCE N52'06'00'E FOR A DISTANCE OF 30.63 FEET; THENCE S89'49'20"E FOR A DISTANCE OF 204.74 FEET; THENCE
N62'13'50'E FOR A DISTANCE OF 9.09 FEET; THENCE N21'46'43"E FOR A DISTANCE OF 26.32 FEET; THENCE N34'38'33'W FOR A
DISTANCE OF 28.03 FEET; THENCE N40'45'36"W FOR A DISTANCE OF 36.60 FEET; THENCE S85'40'57'W FOR A DISTANCE OF 47.45
FEET; THENCE N42'47'16"W FOR A DISTANCE OF 17.54 FEET; THENCE N21'20'23'E FOR A DISTANCE OF 11.80 FEET; THENCE
N89'08'03"E FOR A DISTANCE OF 23.76 FEET; THENCE N47'26'36'E FOR A DISTANCE OF 9.50 FEET; THENCE N06'22'13"E FOR A
DISTANCE OF 27.47 FEET; THENCE N78'25'27'E FOR A DISTANCE OF 22.62 FEET; THENCE N46'51'13'E FOR A DISTANCE OF 14.18 FEET;
THENCE S49'55'47'E FOR A DISTANCE OF 20.43 FEET; THENCE S23'46'33'E FOR A DISTANCE OF 25.83 FEET; THENCE N71'05'46"E FOR
A DISTANCE OF 56.43 FEET; THENCE S38'52'30'E FOR A DISTANCE OF 9.36 FEET; THENCE S67'05'16'E FOR A DISTANCE OF 24.28
FEET; THENCE N33'07'17'E FOR A DISTANCE OF 24.29 FEET; THENCE S69'05'02'E FOR A DISTANCE OF 28.70 FEET; THENCE
S24'08'40'E FOR A DISTANCE OF 30.96 FEET; THENCE S20'16'44'E FOR A DISTANCE OF 8.64 FEET; THENCE S87'50'35'W FOR A
DISTANCE OF 11.51 FEET; THENCE S26'48'43"W FOR A DISTANCE OF 19.46 FEET; THENCE S23'25'49"W FOR A DISTANCE OF 19.13 FEET;
THENCE S11'23'43'E FOR A DISTANCE OF 24.18 FEET; THENCE N49'11'46"E FOR A DISTANCE OF 17.83 FEET; THENCE N82'59'36'E FOR
A DISTANCE OF 34.97 FEET TO THE EAST LINE OF SAID SECTION 16, TOWNSHIP 29 SOUTH, RANGE 16 EAST; THENCE S00'00'00"W
ALONG SAID SECTION LINE FOR A DISTANCE OF 279.89 FEET TO THE NORTHEAST CORNER OF SAID GOVERNMENT LOT 4; THENCE
DEPARTING SAID SECTION LINE S89'30'50'E ALONG THE EASTERLY PROJECTION OF THE NORTH LINE OF SAID GOVERNMENT LOT 4 FOR
A DISTANCE OF 524.51 FEET TO THE DEEP WATER CHANNEL OF TAMPA BAY; THENCE DEPARTING SAID EASTERLY PROJECTION ALONG
SAID CHANNEL THE FOLLOWING TWO (2) COURSES; 1) THENCE S43'23'49"W FOR A DISTANCE OF 763.40 FEET; 2) THENCE S44'38'51"W
FOR A DISTANCE OF 490.96 FEET TO THE AFOREMENTIONED POINT OF BEGINNING OF THIS DESCRIPTION.
THE ABOVE DESCRIBED PARCEL CONTAINS 28.55 ACRES, MORE OR LESS.
I HEREBY CERTIFY THAT THIS SKETCH MEETS MINIMUM
TECHNICAL STANDARDS AS SET FORTH BY THE FLORIDA
BOARD OF PROFESSIONAL LAND SURVEYORS PER CHAPTER
5J-17.050 THRU 17.052, FLORIDA ADMINISTRATIVE CODE.
KENNETH J. KUHAR
FLORIDA PROFESSIONAL SURVEYOR/MAPPER #6105
WADE TRIM SKETCH & DESCRIPTION
CIVIL ENGINEERING & LAND SURVEYING SINCE 1976 DATE: OCTOBER 5, 2010
1410 LPGA Blvd., Suite 148, Daytona Beach, FL 32117 ZZZ229009M
LB #2232 #7565 Phone: 386-274-1600 Fax: 386-274-1602 DEV AREA 28.55.DWG SHEET 3 OF 3 KX
Item # 7
Revised Exhibit A
Page 4 of 6
M M'1 nni(tt! ininiinninu?''n
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NORTH
0 200 400
i i i
GRAPHIC SCALE
S52'41'38"W
97.82'
N 89'32' 51 "W
81.65'
CH: 206.22'
CHB: S38'25'25"W
DELTA: 28'32'27"
RAD: 268.31'
ARC: 243.90
CH: 235.59'
CHB: S26'39'08"W
DELTA: 52'04'59"
S52'42'01 "W C5 RAD: 418.31'
73.01' ARC: 208.37'
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Mitigation Area
SKETCH AND LEGEND/ABBREVIATIONS
LEGAL DESCRIPTION LB = LICENSED BUSINESS
R/W = RIGHT OF WAY
PG/P = PAGE
ORB = OFFICIAL RECORDS BOOK
NORTH LINE OF SEC 16-T29S-R16E
N89'32'51 "W
2136,42'
THE NORTH 1/2 OF THE NE 1/4
SEC 16, TWP 29 S, RGE 16 E
102.50 ACRES
MORE OR LESS
RAD: 25.00' DELTA: 85'5105
ARC: 39.24'
RAD: 5475.83 C3 CH: 35.34'
CHB: N19'5343E \- &O
ARC: 150.00' DELTA: 89'56'13" ?y5' Glk
C2 CH: 150.00'
CHB: E
DELTA:: 01'34'10" - C3
- - -
RAD: 5525.83'
ARC: 151.37'
C1 CH: 151.36'
CHB: S83'22'38"W
DELTA: 01'34'10"
889'22'87"E
344.66'
EASTER
TRACT PER
ORB 16135, PG 2664
I
I \
I
GOVT LOT 3 i GOVT LOT 4 C?
I
THIS SPACE RESERVED FOR
RECORDING INFORMATION
RAD: 25.00'
ARC: 37.46'
C4 CH: 34.05'
CHB: 568'13'01 "E
POINT OF BEGINNING i
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R/W
RAD: 5525.83'
ARC: 488.01'
CH: 487.85'
CHB: N86'41'32"E
DELTA: 05'03'36"
C4
i
CLEARWATER
CHRISTIAN
COLLEGE
GJ? /
C7 582'35'34„W
C1 828.46
STATE ROAD BLVD
GULF-TO`MPBELL CAUSEWAY
Attachment number 2
Page 10 of 19
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GOVT
LOT 1
/ l
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T
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COURTNEY CA CAUSEWAY POINT OF REFERENCE
DAVIS
FOR GEOMETRY LINE TABLES AND NOTES, SEE SHEET 2 OF 3
FOR LEGAL DESCRIPTION, SIGNATURE AND SEAL, SEE SHEET 3 OF 3
WADE TRIM SKETCH & DESCRIPTION
A WADE TRIM COMPANY - CIVIL ENGINEERING & LAND SURVEYING SINCE 1976 DATE: OCTOBER 5, 2010
1410 LPGA Blvd., Suite 148, Daytona Beach, FL 32117 MIT AREA
LB #2232 #7565 Phone: 386-274-1600 Fax: 386-274-1602 102.50.DWG SHEET 1 OF 3 1" = 400'
Item # 7
Revised Exhibit A
Page 5 of 6
Attachment number 2
Page 11 of 19
SKETCH AND LEGAL DESCRIPTION
LINE TABLE
LINE LENGTH BEARING
L1 50.00 N05'50'16'W
L2 75.89 N82'35'34'E
L3 17.60 NIB'25'35'E
L4 11.75 N66'10'36'W
L5 36.90 N07'24'44'E
L6 34.57 N27'46'29'E
L7 26.14 N22'06'03'E
1-8 21.03 SB5'27'49'E
L9 47.05 NDO'22'32'W
1-10 10.17 N76'03'09'W
L11 49.43 N09'14'50'W
L12 49.13 N21'51'04'W
L13 15.55 N61*45'36'W
L14 36.76 N39'48'21'W
L15 38.04 N03'51'29'E
L16 39.77 N01'01'26'W
L17 22.62 N39'14'16'W
L18 6.68 N02'01'50'E
L19 21.83 N48'07'04'E
L20 23.22 N23'43'08'W
L21 17.15 N60'13'20'E
L22 10.05 N06'42'31'E
L23 13.11 N41'29'06'W
L24 25.74 N45'22'31'E
L25 23.82 N63'18'48'E
L26 49.94 N53'55'07'E
L27 56.85 N00'16'34'W
L28 180.68 N89'43'26'E
L29 107.99 N00'16'34'W
L30 17.99 N89'43'26'E
L31 68.66 NOD'56'49'W
L32 71.74 N14'00'29'W
L33 31.35 N14'13'49'W
L34 148.53 N25'04'24'W
L35 47.65 N64'51'49'E
L36 61.06 N55'02'03'E
L37 52.20 N61'14'38'E
L38 37.84 N63'49'28'E
L39 92.52 N70'22'20'E
THIS SPACE RESERVED FOR
RECORDING INFORMATION
L40 104.72 N68'51'27'E
L41 63.57 S25'17'28'E
L42 40.81 N36'18'39'E
L43 19.77 N29'55'15'E
L44 18.51 N66'5B'31'E
1-45 27.81 S85'43'35'E
L46 24.66 N71'55'13'E
L47 30.63 N52'06'00'E
L48 204.74 SB9'49'20'E
L49 9.09 N62'13'50'E
L50 26.32 N21'46'43'E
L51 28.03 N34'38'33'W
L52 36.60 N40'45'36'W
L53 47.45 S85'40'57'W
L54 17.54 N42'47'16'W
L55 11.80 N21'20'23'E
L56 23.76 N69'08'03'E
L57 9.50 N47'26'36'E
L58 27.47 N06'22'13'E
L59 22.62 N78'25'27'E
L60 14.18 N46'51'13'E
L61 20.43 S49'55'47'E
L62 25.83 S23'46'33'E
LG3 56.43 N71'05'46'E
L64 9.36 S38'52'30'E
L65 24.28 S67'05'16'E
L66 24.29 N33'07'17'E
L67 28.70 S69'05'02'E
L68 30.96 S24.08'40'E
L69 8.64 S20'16'44'E
L70 11.51 S87'50'35'W
L71 19.46 S26'48'43'W
L72 19.13 S23'25'49'W
L73 24.18 S11'23'43'E
L74 17.83 N49'11'46'E
L75 34.97 N82'59'36'E
SURVEYOR'S NOTES:
1. BASIS OF BEARINGS: ASSUMED, WITH THE NORTHERLY LINE OF STATE ROAD 60, AS SHOWN, BEING S82:35'34"W.
2. THERE MAY BE EASEMENTS AND OTHER ITEMS OF RECORD NOT SHOWN HEREON (NO TITLE WORK FURNISHED).
3. THIS IS A GRAPHIC ILLUSTRATION FOR INFORMATIONAL PURPOSES ONLY, AND IS NOT INTENDED TO DEPICT A
FIELD SURVEY.
4. THIS IS NOT A BOUNDARY SURVEY.
WADE TRIM SKETCH & DESCRIPTION
CIVIL ENGINEERING & LAND SURVEYING SINCE 1916 DATE: OCTOBER 5, 2010
1410 LPGA Blvd., Suite 148, Daytona Beach, FL 32117 MIT AREA
LB #2232 #7565 Phone: 386-274-1600 Fax: 386-274-1602 102.50.DWG SHEET 2 OF 3 KJK
Item # 7
Revised Exhibit A
Page 6 of 6
Attachment number 2
Page 12 of 19
SKETCH AND LEGAL DESCRIPTION I THIS SPACE RESERVED FOR
LEGAL DESCRIPTION RECORDING INFORMATION
A PARCEL OF LAND LOCATED IN GOVERNMENT LOTS 3 AND 4, SECTION 16. TOWNSHIP 29 SOUTH, RANGE 16 EAST, AND THE NORTH A
OF THE NORTHEAST X OF SAID SECTION 16, PINELLAS COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE INTERSECTION OF THE SOUTHEASTERLY MOST CORNER OF THE CLEARWATER CHRISTIAN COLLEGE CAMPUS LANDS,
WITH THE NORTHERLY RIGHT-OF-WAY LINE OF STATE ROAD 60 (ALSO KNOWN AS GULF-TO-BAY BOULEVARD, COURTNEY CAMPBELL
CAUSEWAY AND DAVIS CAUSEWAY) FOR A POINT OF REFERENCE; THENCE S82'35'34'W ALONG SAID NORTHERLY RIGHT-OF-WAY LINE
FOR A DISTANCE OF 828.46 FEET TO A POINT OF CURVATURE; THENCE ALONG SAID CURVE TO THE RIGHT HAVING A RADIUS OF
5525.83 FEET, AN ARC LENGTH OF 151.37 FEET, A CENTRAL ANGLE OF 01'34'10", A CHORD BEARING OF S83'22'38'W AND A CHORD
DISTANCE OF 151.36 FEET TO THE POINT OF BEGINNING OF THIS DESCRIPTION;
THENCE DEPARTING SAID NORTHERLY RIGHT-OF-WAY LINE N05'50'16'W FOR A DISTANCE OF 50.00 FEET TO A NON-TANGENT CURVE;
THENCE ALONG SAID CURVE TO THE LEFT HAVING A RADIUS OF 5475.83 FEET, AN ARC LENGTH OF 150.00 FEET, A CENTRAL ANGLE
OF 01'34'10", A CHORD BEARING OF N83-22-38-E AND A CHORD DISTANCE OF 150.00 FEET TO A POINT OF TANGENCY; THENCE
N82'35'34'E FOR A DISTANCE OF 75.89 FEET; THENCE N18'25'35'E FOR A DISTANCE OF 17.60 FEET; THENCE N66'10'36"W FOR A
DISTANCE OF 11.75 FEET; THENCE N07'24'44'E FOR A DISTANCE OF 36.90 FEET; THENCE N27'46'29'E FOR A DISTANCE OF 34.57
FEET; THENCE N22'06'03'E FOR A DISTANCE OF 26.14 FEET; THENCE S85'27'49'E FOR A DISTANCE OF 21.03 FEET; THENCE
NOO'22'32"W FOR A DISTANCE OF 47.05 FEET; THENCE N76'03'09'W FOR A DISTANCE OF 10.17 FEET; THENCE N09'14'50'W FORA
DISTANCE OF 49.43 FEET; THENCE N21'51'04'W FOR A DISTANCE OF 49.13 FEET; THENCE N61'45'36'W FOR A DISTANCE OF 15.55
FEET; THENCE N39'48'21'W FOR A DISTANCE OF 36.76 FEET; THENCE N03'51'29'E FOR A DISTANCE OF 38.04 FEET; THENCE
N01'01'26'W FOR A DISTANCE OF 39.77 FEET; THENCE N39'14'16'W FOR A DISTANCE OF 22.62 FEET; THENCE N02'01'50'E FOR A
DISTANCE OF 6.68 FEET; THENCE N48'07'04'E FOR A DISTANCE OF 21.83 FEET; THENCE N23'43'08'W FOR A DISTANCE OF 23.22 FEET;
THENCE N60'13'20'E FOR A DISTANCE OF 17.15 FEET; THENCE N06'42'31'E FOR A DISTANCE OF 10.05 FEET; THENCE N41'29'06'W FOR
A DISTANCE OF 13.11 FEET; THENCE N45'22'31'E FOR A DISTANCE OF 25.74 FEET; THENCE N63'18'48'E FOR A DISTANCE OF 23.82
FEET; THENCE N53'55'07'E FOR A DISTANCE OF 49.94 FEET; THENCE N00'16'34'W FOR A DISTANCE OF 56.85 FEET; THENCE
N89'43'26'E FOR A DISTANCE OF 180.68 FEET; THENCE. N00'16'34'W FOR A DISTANCE OF 107.99 FEET; THENCE N89'43'26'E FOR A
DISTANCE OF 17.99 FEET; THENCE NOO'56'49'W FOR A DISTANCE OF 68.66 FEET; THENCE N14'00'29'W FOR A DISTANCE OF 71.74
FEET; THENCE N14'13'49'W FOR A DISTANCE OF 31.35 FEET; THENCE N25'04'24'W FOR A DISTANCE OF 148.53 FEET TO A POINT OF
CURVATURE; THENCE ALONG SAID CURVE TO THE RIGHT HAVING A RADIUS OF 25.00 FEET, AN ARC LENGTH OF 39.24 FEET, A
CENTRAL ANGLE OF 89'56'13", A CHORD BEARING OF N19'53'43'E AND A CHORD DISTANCE OF 35.34 FEET TO A POINT OF TANGENCY;
THENCE N64'51'49'E FOR A DISTANCE OF 47.65 FEET; THENCE N55'02'03'E FOR A DISTANCE OF 61.06 FEET; THENCE N61'14'38'E FOR
A DISTANCE OF 52.20 FEET; THENCE N63'49'38'E FOR A DISTANCE OF 37.84 FEET; THENCE N70'22'20'E FOR A DISTANCE OF 92.52
FEET; THENCE N68'51'27'E FOR A DISTANCE OF 104.70 FEET TO A POINT OF CURVATURE; THENCE ALONG SAID CURVE TO THE RIGHT
HAVING A RADIUS OF 25.00 FEET, AN ARC LENGTH OF 37.46 FEET, A CENTRAL ANGLE OF 85'51'05", A CHORD BEARING OF
S681SOVE AND A CHORD DISTANCE OF 34.05 FEET TO POINT OF TANGENCY; THENCE S25'17'28'E FOR A DISTANCE OF 63.57 FEET;
THENCE N36'18'39'E FOR A DISTANCE OF 40.81 FEET; THENCE N29'55'15'E FOR A DISTANCE OF 19.77 FEET; THENCE N66'58'31'E FOR
A DISTANCE OF 18.51 FEET; THENCE S85'43'35'E FOR A DISTANCE OF 27.81 FEET; THENCE N71'55'13'E FOR A DISTANCE OF 24.66
FEET; THENCE N52'06'00'E FOR A DISTANCE OF 30.63 FEET; THENCE S89'49'20'E FOR A DISTANCE OF 204.74 FEET; THENCE
N62'13'50'E FOR A DISTANCE OF 9.09 FEET; THENCE N21'46'43'E FOR A DISTANCE OF 26.32 FEET; THENCE N34'38'33'W FOR A
DISTANCE OF 28.03 FEET; THENCE N40'45'36'W FOR A DISTANCE OF 36.60 FEET; THENCE S85'40'57'W FOR A DISTANCE OF 47.45
FEET; THENCE N42'47'16'W FOR A DISTANCE OF 17.54 FEET; THENCE N21'20'23'E FOR A DISTANCE OF 11.80 FEET; THENCE
N89'08'03'E FOR A DISTANCE OF 23,76 FEET; THENCE N47'26'36'E FOR A DISTANCE OF 9.50 FEET; THENCE N06'22'13"E FOR A
DISTANCE OF 27.47 FEET; THENCE N78'25'27'E FOR A DISTANCE OF 22.62 FEET; THENCE N46'51'13'E FOR A DISTANCE OF 14.18 FEET;
THENCE S49'55'47'E FOR A DISTANCE OF 20.43 FEET; THENCE S23'46'33'E FOR A DISTANCE OF 25.83 FEET; THENCE N71'05'46'E FOR
A DISTANCE OF 56.43 FEET; THENCE S38'52'30'E FOR A DISTANCE OF 9.36 FEET; THENCE S67'05'16'E FOR A DISTANCE OF 24.28
FEET; THENCE N33'07'17'E FOR A DISTANCE OF 24.29 FEET; THENCE S69'05'02'E FOR A DISTANCE OF 28.70 FEET; THENCE
S24'08'40'E FOR A DISTANCE OF 30.96 FEET; THENCE S20'16'44'E FOR A DISTANCE OF 8.64 FEET; THENCE S87'50'35'W FOR A
DISTANCE OF 11.51 FEET; THENCE S26'48'43'W FOR A DISTANCE OF 19.46 FEET; THENCE S23'25'49'W FOR A DISTANCE OF 19.13 FEET;
THENCE S11'23'43'E FOR A DISTANCE OF 24.18 FEET; THENCE N49'11'46'E FOR A DISTANCE OF 17.83 FEET; THENCE N82'59'36'E FOR
A DISTANCE OF 34.97 FEET TO THE EAST LINE OF SAID SECTION 16, TOWNSHIP 29 SOUTH, RANGE 16 EAST; THENCE N00'00'00'E
ALONG SAID SECTION LINE FOR A DISTANCE OF 1042.60 FEET TO THE NORTH LINE OF SAID SECTION 16; THENCE DEPARTING SAID
EAST LINE ALONG SAID NORTH LINE N89'32'51'W FOR A DISTANCE OF 2136.42 FEET TO A NON-TANGENT CURVE; THENCE ALONG SAID
CURVE TO THE RIGHT HAVING A RADIUS OF 418.31 FEET, AN ARC LENGTH OF 208.37 FEET, A CENTRAL ANGLE OF 28'32'27", A CHORD
BEARING OF S38'25'25'W AND A CHORD DISTANCE OF 206.22 FEET TO A POINT OF TANGENCY; THENCE S52'41'38'W FOR A DISTANCE
OF 97.82 FEET; THENCE NB9'32'51'W FOR A DISTANCE OF 81.65 FEET; TO THE EASTERLY RIGHT-OF-WAY LINE OF BAYSHORE
BOULEVARD (A VARIABLE WIDTH RIGHT-OF-WAY); THENCE ALONG SAID RIGHT-OF-WAY LINE S5242'01'W FOR A DISTANCE OF 73.01
FEET TO A POINT OF CURVATURE; THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 268.31 FEET, AN ARC LENGTH OF
243.90 FEET, A CENTRAL ANGLE OF 52'04'59", A CHORD BEARING OF S26'39'08'W AND A CHORD DISTANCE OF 235.59 FEET TO A
POINT OF TANGENCY; THENCE SOO'37'03'W FOR A DISTANCE OF 1378.55 FEET TO THE NORTHERLY LINE OF LANDS KNOWN AS THE
EASTER TRACT, PER OFFICIAL RECORDS BOOK 16135, PAGE 2664 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; THENCE
DEPARTING SAID EASTERLY RIGHT-OF-WAY LINE S89'22'57'E ALONG SAID NORTHERLY LINE FOR A DISTANCE OF 344.66 FEET; THENCE
CONTINUE ALONG THE BOUNDARY OF SAID EASTER TRACT S52'12'03'E FOR A DISTANCE OF 572.80 FEET; THENCE S00'46'40'E FOR A
DISTANCE OF 191.08 FEET TO THE NORTHERLY RIGHT-OF-WAY LINE OF THE AFOREMENTIONED STATE ROAD 60 AND A NON-TANGENT
CURVE; THENCE DEPARTING SAID EASTER TRACT BOUNDARY LINE, ALONG SAID RIGHT-OF-WAY LINE AND SAID CURVE TO THE LEFT
HAVING A RADIUS OF 5525.83 FEET, AN ARC LENGTH OF 488.01 FEET, A CENTRAL ANGLE OF 05'03'36", A CHORD BEARING OF
N86'41'32'E AND A CHORD DISTANCE OF 487.85 FEET TO THE AFOREMENTIONED POINT OF BEGINNING OF THIS DESCRIPTION.
THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 102.50 ACRES, MORE OR LESS.
I HEREBY CERTIFY THAT THIS SKETCH MEETS MINIMUM
TECHNICAL STANDARDS AS SET FORTH BY THE FLORIDA A All
BOARD OF PROFESSIONAL LAND SURVEYORS PER CHAPTER KENNETH J. KUHAR
5J-17.050 THRU 17.052, FLORIDA ADMINISTRATIVE CODE. FLORIDA PROFESSIONAL SURVEYOR/MAPPER #6105
WADE TRIM SKETCH & DESCRIPTION
CIVIL ENGINEERING & LAND SURVEYING SINCE 1976 DATE: OCTOBER 5, 2010
1410 _PGA Blvd., Suite 148, Daytona Beach, FL 32117 MIT AREA
LB #2232 #7565 Phone: 386-274-1600 Fax: 386-274-1602 102.50.DWG SHEET 3 OF 3 KJK
!lull] 1+ I
Attachment number 2
Page 13 of 19
Revised Exhibit B
[Revised Master Plan]
Item # 7
Attachment number 2
Page 14 of 19
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Nm CI.EARWATER CHRISTIAN COLLEGE PRIVATE SCHOOL INC. L „ sw? M a°"
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Attachment number 2
Page 15 of 19
Revised Exhibit "C"
Mitigation Plan
Developer agrees to mitigate the impact of the development that may occur in
..pursuant to this Agreement, state and federal
permitting agency requirements. Developer shall:
1. Upgrade entire site's stormwater facilities within the Master Plan Area. These
upgrades will include but are not limited to:
Providing water quality treatment for several parts of the campus that
discharge untreated stormwater directly into the surrounding mangroves
and Tampa Bay;
• Improve the effectiveness of the existing wet treatment pond adjacent to
Cathcart Hall by eliminating its ability to commingle stormwater runoff
with daily tidal inflows/discharges; and
Eliminate frequent nuisance flooding within some of the parking area,
classroom and administration buildings.
2. Make application to Southwest Florida Water Management District (SWFWMD)
and U.S. Army Corps of Engineers (USACOE) for approval of the Mitigation Bank
within 60 days of final approval by the City of this- . The
proposed Mitigation Bank will result in an approved wetland mitigation area in the
Tampa Bay area water basin. The credits will be derived not from the creation of new
mangrove area where none currently exists, but restoration of existing mangrove habitat
that, depending on location, is moderately to severely-impacted by sedimentation,
mosquito ditch dredging and spoiling, and loss of adequate daily tidal flow from Tampa
Bay and Coopers Bayou. The restoration effort will focus on improving flows through
the mangrove by upgrading the culverts under Damascus Road, removing sediment and
muck, and sculpting the sides and bottoms of select mosquito ditches, creating a
branching system of tidal creeks that improves ambient water quality and ecological
habitat. Secondary effects of the branching creek system will occur through improved
daily tidal exchange in Coopers Bayou, partially restoring the natural tidal exchange
characteristics that existed before the construction of the Courtney Campbell Causeway;
and improving the flow characteristics within the mangrove by demucking, widening and
creating a branching tidal creek system within the mangroves. The Mitigation Bank shall
be approved in accordance with Fla. Stat. 373.4136 et. seq., as amended; and Rule 62-
342, F.A.C. The City shall rely on SWFWMD and USACOE to finalize the appropriate
mitigation strategies necessary to achieve the maximum mitigation within the Mitigation
Area. An appropriate number of credits would be used to compensate for wetlands
impacts associated with the Developer site improvements.
3. Place a conservation easement over the Mitigation Area, in conjunction with city,
state and federal permitting. In the event the state and federal agencies approve the
Mitigation Bank, upon exhaustion of all mitigation credits created by the Mitigation
Item # 7
Attachment number 2
Page 16 of 19
Bank, Developer shall actively seek to transfer the Mitigation Area to the City, or, i the
event the City does not wish to take ownership of the Mitigation Area, to another
government or conservation organization, in fee simple, for the purpose of expanding the
Coopers Point Nature Park recreation area (subject to approval of the USACOE and
SF).
4. In the event the state and federal agencies do not approve the Mitigation Bank, or,
in the event approves the Mitigation Bank but does not rate the proposed restoration
adequately high, limiting the number of credits available for purchase to the extent that
the Mitigation Bank is not financially viable, Developer agrees to proceed with individual
mitigation projects, as permitted by the State. Such activities may include:
a) Upgrading the existing culverts under Damascus Road to improve daily tidal
flows through the existing mangrove;
b) Removing muck from select mosquito ditches within the existing mangrove to
improve tidal flow and/or ecological habitat;
c) Removing sediment and muck along an alignment of select mosquito ditches to
simulate a branching system that improves tidal flow and ecological habitat.
Secondary effects of a branching tidal creek system will improve daily tidal
exchange in Coopers Bayou and partially restore its natural hydrologic
characteristics.
2 Item # 7
Attachment number 2
Page 17 of 19
Revised Exhibit D
[Future Land Use and Zoning Maps]
Amendment to Development Agreement Item # 7
Page 3
ADOPTED
Attachment number 2
Page 18 of 19
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Attachment number 3
Page 1 of 11
This instrument was prepared by
and return to:
Katherine E. Cole, Esquire
Johnson, Pope, Bokor,
Ruppel & Burns, LLP
P. O. Box 1368
Clearwater, FL 33757-1368
FIRST AMENDMENT TO DEVELOPMENT AGREEMENT
THIS FIRST AMENDMENT TO DEVELOPMENT AGREEMENT
("Amendment") is entered into among CLEARWATER CHRISTIAN COLLEGE
PRIVATE SCHOOL, INC., a Florida non-profit corporation, its successors and assigns
(collectively the "Developer"), whose address is 3400 Gulf-to-Bay Boulevard,
Clearwater, Florida 33759, and THE CITY OF CLEARWATER, FLORIDA, a
municipality of the State of Florida acting through its City Council, the governing body
thereof (the "City"), whose address is 112 South Osceola Avenue, Clearwater, Florida
33756.
WITNES SETH:
WHEREAS, the City and Developer entered into a Development Agreement,
dated August 12, 2010, recorded in O.R. Book 17005, Page 630, Public Records of
Pinellas County, Florida ("Agreement") concerning 131.05 acres of property more
particularly described therein (the "Property");
WHEREAS, Section 5.1 of the Agreement provides that the Agreement shall not
be effective until final approval and effectiveness of certain zoning designations and
future land use map designations for the Property;
WHEREAS, Section 6.1.4 of the Agreement provides for the establishment of a
Conservation Easement;
WHEREAS, Section 6.1.3.1 of the Agreement provides that the Property must be
developed in substantial conformance with a Master Plan;
WHEREAS, during the approval process, the proposed area of the land use plan
and zoning changes was modified, which resulted in changes to the Mitigation Area, the
Master Plan Area, the Master Plan and the proposed conservation easement area;
WHEREAS, the parties have agreed to certain revisions to the Agreement to
incorporate these changes;
Item # 7
Attachment number 3
Page 2 of 11
WHEREAS, the City has conducted such hearings as are required by and in
accordance with Chapter 163.3220 et s_.. Fla Stat. and applicable law;
WHEREAS, the City has determined that as of the Effective Date of this
Amendment the proposed development is consistent with the City's Comprehensive Plan
and Land Development Regulations;
WHEREAS, at a duly called public meeting on October 21, 2010, the City
Council approved this Amendment, and authorized and directed its execution by the
appropriate officials of the City; and
WHEREAS, Developer has approved this Amendment and has duly authorized
the undersigned individual to execute this Amendment on Developer's behalf,
NOW, THEREFORE, in consideration of the mutual promises and covenants
contained herein, the parties hereby agree as follows:
Section 1. Recitals. The above recitals are true and correct and are a part of
this Agreement.
Section 2. Capitalized Terms. Capitalized terms used herein that are not
defined shall have the same meanings given to such terms in the Agreement.
Section 3. Amendment to Agreement. The Agreement is amended as
follows:
3.1 All references in the Agreement to the Mitigation Area shall refer to 102.5 acres.
3.2 Notwithstanding any references in the Agreement to the contrary, the Developer
has requested a future land use map amendment resulting in a change of approximately
12.99 acres m.o.l. of the Property.
3.3 Exhibit A to the Agreement, Legal Description of Master Plan Area and
Mitigation Area, is hereby deleted and replaced with the "Revised Exhibit A" attached to
this Amendment.
3.4 Exhibit B to the Agreement, the Master Plan, is hereby deleted and replaced with
the "Revised Exhibit B" attached to this Amendment.
3.5 Exhibit C to the Agreement, Mitigation Narrative, is hereby deleted and replaced
with the "Revised Exhibit C" attached to this Amendment.
3.6 Exhibit D to the Agreement, the Project Future Land Use and Zoning Maps, is
hereby deleted and replaced with "Revised Exhibit D" attached to this Amendment.
3.7 Section 4.2 of the Agreement is hereby amended to read:
2 Item # 7
Attachment number 3
Page 3 of 11
The Project shall include 667 parking spaces, as shown on the Master Plan
attached where 386 are existing today.
3.8 Section 4.3 of the Agreement is hereby amended to read:
The proposed floor area ratio on the Master Plan Area shall not exceed .169
nonresidential area and the proposed density shall not exceed 750 dormitory beds,
including use of the multiplier of 3 beds per unit ("Residential Equivalent Use")
and the transfer of development rights described in Section 6.1.3.9 of this
Agreement. The proposed height of the Master Plan buildings, as defined in the
Code, is a maximum of 50 feet. There is no proposed development on the
Mitigation Plan Area.
3.9 Section 6.1.3.5 of the Agreement is hereby amended to read:
The residential density shall be limited to 750 beds, including the use of the
Institutional density of 12.5 dwelling units per acre, the Residential Equivalent
Use of 3 beds per dwelling unit pursuant to the Pinellas Planning Council
Countywide Rules and the transfer of development rights described in Section
6.1.3.9 of this Agreement.
3.10 The following Section 6.1.3.9 is hereby added to the Agreement:
6.1.3.9 Developer and City desire to transfer development rights comprised of
residential dwelling units and nonresidential density currently allocated to
portions of the Mitigation Area (Sender Site), which are to be used in connection
with the development of the Master Plan Area (Receiver Site) in accordance with
Division 14, Article 4 of the Clearwater Community Development Code. The
Developer shall submit and the City shall process an application seeking approval
of such transfer of development rights as required by Code ("TDR Application").
In the event of any Code amendment occurring prior to submittal and final
approval of the TDR Application, City agrees that the TDR Application, Master
Plan and this Agreement shall not be impacted by such Code amendment.
3.11 Section 6.1.3.6 of the Agreement is hereby amended to read:
6.1.3.6 The Developer shall implement a hurricane evacuation plan
approved by the City of Clearwater and included in the Developer's published
Safety Manual. All students, faculty and staff shall receive a copy of such plan at
the beginning of each school semester. Developer agrees to close and vacate all
persons (except for emergency personnel required to secure and protect the
facilities) from the Property as soon as practicable after the issuance of a
hurricane watch by the National Hurricane Center which includes the Property.
All dormitory construction shall meet Florida Building Code standards for
3 Item # 7
Attachment number 3
Page 4 of 11
construction in a Coastal High Hazard area and shall not compromise the flooding
on the adjacent property.
3.12 Section 5.2 of the Agreement is hereby amended to read:
5.2 Within fourteen (14) days after the City approves the execution of this
Agreement, the City shall record the Agreement with the Clerk of the Circuit
Court for Pinellas County. The Developer shall pay the cost of such recording.
The City shall submit to the Department of Community Affairs a copy of the
recorded Agreement within fourteen (14) days after the Agreement is recorded.
In the event that the contingencies described in Section 5.1.2, Section 5.1.3, and
Section 5.1.4 above, are not satisfied within twelve (12) months from the date
hereof, the City and Developer agree to execute and deliver a termination of this
Agreement, recordable form, which shall be recorded in the Public Records of
Pinellas County, Florida at the expense of the Developer. Notwithstanding the
foregoing, Developer may request two extensions of time, via the Community
Development Coordinator, for the completion of these contingencies for no more
than twelve additional months each. All time periods set forth in this Section 5
shall be automatically extended for a period of time equal to that required to
pursue any administrative challenge to or litigation regarding any approval by a
local, state or federal permitting agency, including any appellate proceedings
arising therefrom.
Section 4. Ratification. Except as modified herein, the terms and conditions
of the Agreement remain in full force and effect and are ratified by the parties.
Section 5. Effective Date. As provided in §163.3239, Florida Statutes (2010),
this Amendment will become effective after being recorded in the Public Records of
Pinellas County, Florida, and 30 days after having been received by the state land
planning agency.
4 Item # 7
Attachment number 3
Page 5 of 11
IN WITNESS WHEREOF, the parties hereto have set their hands and their
respective seals affixed as of this day of , 2010.
Countersigned:
Frank V. Hibbard
Mayor
Approved as to form:
Leslie K. Dougall-Sides
Assistant City Attorney
STATE OF FLORIDA )
COUNTY OF PINELLAS )
CITY OF CLEARWATER, FLORIDA
By:
William B. Horne II
City Manager
Attest:
Cynthia E. Goudeau
City Clerk
The foregoing instrument was acknowledged before me this day of
, 2010, by FRANK V. HIBBARD, Mayor of the City of Clearwater, who
is personally known to me.
STATE OF FLORIDA )
COUNTY OF PINELLAS )
Print/Type Name:
Notary Public
The foregoing instrument was acknowledged before me this day of
, 2010, by WILLIAM B. HORNE II, City Manager of the City of
Clearwater, who is personally known to me.
Print/Type Name:
Notary Public
5
Item # 7
Attachment number 3
Page 6 of 11
Witnesses: CLEARWATER CHRISTIAN COLLEGE
PRIVATE SCHOOL, INC., a Florida
non profit corporation
By:
Signature
Print name
Signature
Richard Stratton
President
Print name
STATE OF FLORIDA )
COUNTY OF PINELLAS )
The foregoing instrument was acknowledged before me this day of
2010, by Richard Stratton, as President of CLEARWATER
CHRISTIAN COLLEGE PRIVATE SCHOOL, INC., a Florida non profit corporation, on
behalf of the corporation. He ? is personally known to me or ? produced
as identification.
NOTARY PUBLIC
Printed Name:
#539448 v1 - CCC/1st Amend to Dev Agt
Commission No.
My Commission expires:
6 Item # 7
Attachment number 3
Page 7 of 11
Revised Exhibit A
[Legal Descriptions of Master Plan Area and Mitigation Area]
Item # 7
Attachment number 3
Page 8 of 11
Revised Exhibit B
[Revised Master Plan]
Item # 7
Attachment number 3
Page 9 of 11
Revised Exhibit "C"
Mitigation Plan
Developer agrees to mitigate the impact of the development that may occur in existing
wetland areas pursuant to this Agreement, state and federal permitting agency
requirements. Developer shall:
1. Upgrade entire site's stormwater facilities within the Master Plan Area. These
upgrades will include but are not limited to:
• Providing water quality treatment for several parts of the campus that
discharge untreated stormwater directly into the surrounding mangroves
and Tampa Bay;
• Improve the effectiveness of the existing wet treatment pond adjacent to
Cathcart Hall by eliminating its ability to commingle stormwater runoff
with daily tidal inflows/discharges; and
• Eliminate frequent nuisance flooding within some of the parking area,
classroom and administration buildings.
2. Make application to Southwest Florida Water Management District (SWFWMD)
and U.S. Army Corps of Engineers (USACOE) for approval of the Mitigation Bank
within 60 days of final approval by the City of this Amendment. The proposed
Mitigation Bank will result in an approved wetland mitigation area in the Tampa Bay
area water basin. The credits will be derived not from the creation of new mangrove area
where none currently exists, but restoration of existing mangrove habitat that, depending
on location, is moderately to severely-impacted by sedimentation, mosquito ditch
dredging and spoiling, and loss of adequate daily tidal flow from Tampa Bay and
Coopers Bayou. The restoration effort will focus on improving flows through the
mangrove by upgrading the culverts under Damascus Road, removing sediment and
muck, and sculpting the sides and bottoms of select mosquito ditches, creating a
branching system of tidal creeks that improves ambient water quality and ecological
habitat. Secondary effects of the branching creek system will occur through improved
daily tidal exchange in Coopers Bayou, partially restoring the natural tidal exchange
characteristics that existed before the construction of the Courtney Campbell Causeway;
and improving the flow characteristics within the mangrove by demucking, widening and
creating a branching tidal creek system within the mangroves. The Mitigation Bank shall
be approved in accordance with Fla. Stat. 373.4136 et. seq., as amended; and Rule 62-
342, F.A.C. The City shall rely on SWFWMD and USACOE to finalize the appropriate
mitigation strategies necessary to achieve the maximum mitigation within the Mitigation
Area. An appropriate number of credits would be used to compensate for wetlands
impacts associated with the Developer site improvements.
3. Place a conservation easement over the Mitigation Area, in conjunction with city,
state and federal permitting. In the event the state and federal agencies approve the
Mitigation Bank, upon exhaustion of all mitigation credits created by the Mitigation
Bank, Developer shall actively seek to transfer the Mitigation Area to the City, or, in the
Item # 7
Attachment number 3
Page 10 of 11
event the City does not wish to take ownership of the Mitigation Area, to another
government or conservation organization, in fee simple, for the purpose of expanding the
Coopers Point Nature Park recreation area (subject to approval of the USACOE and
SWFWMD).
4. In the event the state and federal agencies do not approve the Mitigation Bank, or,
in the event approves the Mitigation Bank but does not rate the proposed restoration
adequately high, limiting the number of credits available for purchase to the extent that
the Mitigation Bank is not financially viable, Developer agrees to proceed with individual
mitigation projects, as permitted by the State. Such activities may include:
a) Upgrading the existing culverts under Damascus Road to improve daily tidal
flows through the existing mangrove;
b) Removing muck from select mosquito ditches within the existing mangrove to
improve tidal flow and/or ecological habitat;
c) Removing sediment and muck along an alignment of select mosquito ditches to
simulate a branching system that improves tidal flow and ecological habitat.
Secondary effects of a branching tidal creek system will improve daily tidal
exchange in Coopers Bayou and partially restore its natural hydrologic
characteristics.
2 Item # 7
Attachment number 3
Page 11 of 11
Revised Exhibit D
[Future Land Use and Zoning Maps]
Amendment to Development Agreement Item # 7
Page 3
ADOPTED
Attachment number 4
Page 1 of 1
RESOLUTION NO. 10-23
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA APPROVING A FIRST AMENDMENT TO
DEVELOPMENT AGREEMENT BETWEEN THE CITY OF
CLEARWATER AND CLEARWATER CHRISTIAN PRIVATE
SCHOOL, INC., A FLORIDA NON-PROFIT
CORPORATION; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Clearwater, by adoption of Resolution No. 10-18 on
August 5, 2010, previously approved a development agreement with Clearwater
Christian Private School, Inc., a Florida non-profit corporation; and
WHEREAS, it is desirable to amend said Development Agreement in order to
reflect changes occasioned by the Alternative Compromise Recommendation approved
by the Pinellas Planning Council in Case CW 10-18 on September 15, 2010; now,
therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section1. The First Amendment to Development Agreement between the City of
Clearwater and Clearwater Christian Private School, Inc., a Florida non-profit
Corporation, a copy of which is attached as Exhibit "A," is hereby approved.
Section 2. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this day of
Approved as to form:
Leslie K. Dougall-Sides
City Attorney
2010.
Frank V. Hibbard
Mayor
Attest:
Rosemarie Call
City Clerk
Resolution Nteff4lg
Attachment number 5
Page 1 of 1
RESOLUTION NO. 10-23
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA APPROVING A FIRST AMENDMENT TO
DEVELOPMENT AGREEMENT BETWEEN THE CITY OF
CLEARWATER AND CLEARWATER CHRISTIAN PRIVATE
SCHOOL, INC., A FLORIDA NON-PROFIT
CORPORATION; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Clearwater, by adoption of Resolution No. 10-18 on
August 5, 2010, previously approved a development agreement with Clearwater
Christian Private School, Inc., a Florida non-profit corporation; and
WHEREAS, it is desirable to amend said Development Agreement in order to
reflect changes occasioned by the Alternative Compromise Recommendation approved
by the Pinellas Planning Council in Case CW 10-18 on September 15, 2010; now,
therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section1. The First Amendment to Development Agreement between the City of
Clearwater and Clearwater Christian Private School, Inc., a Florida non-profit
Corporation, a copy of which is attached as Exhibit "A," is hereby approved.
Section 2. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this day of
Approved as to form:
Leslie K. Dougall-Sides
City Attorney
2010.
Frank V. Hibbard
Mayor
Attest:
Rosemarie Call
City Clerk
Resolution Nteff4lg
Attachment number 6
Page 1 of 4
CDB Meeting Date: October 19, 2010
Case Number: DVA2010-06001 (Related to LUZ2010-06002)
Agenda Item: E3 (Related to E2)
Owners/Applicant: Clearwater Christian College Private School, Inc.
Representative: Katherine E. Cole, Esquire, Johnson, Pope, Bokor, RuPpel & Burns, LLP
Addresses: 3400 Gulf-to-Bav Boulevard
CITY OF CLEARWATER
PLANNING DEPARTMENT
STAFF REPORT
GENERAL INFORMATION:
REQUEST: Review of, and recommendation to City Council, for an amended
Development Agreement between Clearwater Christian College
Private School, Inc. (property owner) and the City of Clearwater
previously approved by City Council on August 5, 2010 to revise the
master plan boundaries consistent with the Pinellas Planning
Council's Alternative Compromise Recommendation accepted by
City Council on October 5, 2010.
CURRENT/PROPOSED Current: Institutional (I), Commercial (C), Open
ZONING DISTRICTS: Space/Recreation (OS/R), Low Density Residential
(LDR) and Preservation (P) Districts
Proposed: Institutional (I), Open Space/Recreation (OS/R), and
Preservation (P)
CURRENT/PROPOSED Current: Institutional (I), Commercial General (CG),
FUTURE LAND USE MAP Preservation (P), Recreation/Open Space (R/OS),
CATEGORIES: Residential Low (RL), and Water/Drainage Feature
Proposed: Institutional (I), Preservation (P), Recreation/Open
Space (R/OS), and Water/Drainage Feature
PROPERTY USE: Current: Educational Facilities
Proposed: Educational Facilities up to 170,000 square feet of
nonresidential floor area (0.169 Floor Area Ratio) and
up to 750 Dormitory Beds/Residents (12.5 dwelling
units per acre) at a maximum height of 50 feet
EXISTING North: Preservation (P) and Open Space/Recreation (OS/R)
SURROUNDING ZONING Districts
AND USES: Open Space and Wetlands
South: Preservation (P) and Open Space/Recreation (OS/R)
Districts
Tourist Information, Causeway and Tampa Bay
East: Preservation (P) and Open Space/Recreation (OS/R)
Open Space and Tampa Bay
West: Low Medium Density Residential (LMDR), Medium
Density Residential (MDR), Mobile Home Park (MHP),
and Commercial (C)
Residential uses, Governmental use, and Vacant
Community Development Board - October 19, 2010
DVA2010-06001 - Page 1 of 4 Item # 7
Attachment number 6
Page 2 of 4
ANALYSIS:
Site Location and Existing Conditions:
The 131.05-acre site is located on the north side of Gulf-to-Bay Boulevard east of Bayshore Boulevard.
The subject property is developed with the Clearwater Christian College. The subject property has
approximately 1,440 feet of frontage along Gulf-to-Bay Boulevard adjacent to Florida Department of
Transportation (FDOT) right-of-way and approximately 1,670 feet of frontage along Bayshore Boulevard.
Properties to the north and east of the subject property are zoned Preservation (P) and Open
Space/Recreation (OS/R) districts and are primarily wetlands and open space comprising Coopers Bayou
and Tampa Bay. Properties to the south are zoned Open Space/Recreation (OS/R) and Preservation (P)
districts. This land includes the Clearwater Visitors Center, the Courtney Campbell Causeway (Gulf-to-
Bay Boulevard) and associated FDOT right-of-way. Across Gulf-to-Bay Boulevard is Tampa Bay. The
adjacent property to the southwest is zoned Commercial (C) District. One lot is developed with a FDOT
office, and the others are vacant. Properties to the west across Bayshore Boulevard are zoned Low
Medium Density Residential (LMDR), Medium Density Residential (MDR), and Mobile Home Park
(MHP) Districts and are developed with attached and detached dwellings.
Development Proposal:
There is a companion application to amend the Future Land Use Map categories for the subject properties
from Institutional (1), Commercial General (CG), Preservation (P), Recreation/Open Space (R/OS),
Residential Low (RL), and Water/Drainage Feature categories to Institutional (1), Preservation (P),
Recreation/Open Space (R/OS), and Water/Drainage Feature categories, and to rezone this area from
Institutional (1), Commercial (C), Open Space/Recreation (OS/R), Low Density Residential (LDR) and
Preservation (P) districts to Institutional (1), Open Space/Recreation (OS/R), and Preservation (P) districts
(LUZ2010-06002). This Future Land Use Map amendment would expand the portion of the property
designated Institutional (I) and appropriately designate areas within the College property where the future
land use designation and zoning are inconsistent with the surrounding areas or the actual use of the
property.
The amended development proposal divides the subject site into two areas, a Master Plan Area (28.55
acres) and a Mitigation Area (102.5 acres). The Master Plan Area consists of the proposed Institutional
(1), Preservation (P) and Recreation/Open Space (R/OS) land use designations. Development would be
concentrated within the proposed Institutional (I) area and shall be in substantial conformance with the
proposed Master Plan. The Master Plan depicts proposed locations for reconfigured parking as well as
expansion of the college's residential dormitories and administrative space. The Mitigation Area would
be designated Preservation (P), Water/Drainage Feature, and Recreation/Open Space (R/OS) on the
Future Land Use Map. There would be no development potential within the Mitigation Area because of a
conservation easement, to be granted in perpetuity, and the transfer of development rights from these
Preservation (P) lands to the proposed Institutional (1) area.
Development Agreement:
The reason for the amended Development Agreement is proposed modifications to the companion
application to amend the Future Land Use Map categories and Zoning Atlas designations as the result of
an alternative compromise recommendation from the Pinellas Planning Council, which reduces the scope
of the proposed amendments. As a result of this change in circumstances, revisions to the Development
Agreement were necessary.
Community Development Board - October 19, 2010
DVA2010-06001 - Page 2 of 4 Item # 7
Attachment number 6
Page 3 of 4
The proposed Development Agreement amends the Development Agreement between Clearwater
Christian College Private School, Inc. and the City of Clearwater previously approved by City Council on
August 5, 2010 to revise the master plan boundaries consistent with the Pinellas Planning Council's
Alternative Compromise Recommendation accepted by City Council on October 5, 2010, and includes
the following main provisions:
? Replaces Exhibit A (Legal Description of the Master Plan Area and Mitigation Area), Exhibit B
(Master Plan), and Exhibit D (Project Future Land Use and Zoning Maps), to reflect contracted
boundaries for the proposed Institutional (I) area, consistent with the companion Future Land Use
Map amendment and rezoning (LUZ2010-06002). The revised Master Plan Area would be
reduced from 32.06 acres (originally proposed) to 28.55 acres of land, and the revised Mitigation
Area would increase from 98.99 acres (originally proposed) to 102.5 acres of land. Section 4.2 is
revised reducing the number of parking spaces shown on the Master Plan.
? Revises Exhibit C, Mitigation Narrative, to clarify where impacts would occur because of
development. Language is also amended in order to adjust the time frame in which the
Mitigation Bank application must be submitted such that it would follow the approval of the
amended Development Agreement. Additional language is removed from a list of possible
mitigation activities allowable, to ensure that provisions elsewhere in the Mitigation Plan
requiring upgrades to the entire site's stormwater facilities within the Master Plan Area are
absolutely required.
? Adds a new Section 6.1.3.9, recognizing that a transfer of development rights will occur, in
accordance to provisions in the Code. Revises Sections 4.3 and 6.1.3.5 to incorporate references
to the new Section 6.1.3.9 and revises the maximum FAR from 0.149 to 0.169 to reflect the
contracted boundaries for the proposed Institutional (I) area as a result of the alternative
compromise recommendation from the Pinellas Planning Council.
? Revises Section 6.1.3.6 to remove reference to the Tampa Bay Regional Planning Council, and to
add language requiring evacuation of all persons except emergency personnel after the issuance
of a hurricane watch by the National Hurricane Center.
? Revises Section 5.2 to allow for two extensions of time of up to 12 months each, if requested by
the Developer, for the completion of the final approval of the amended Future Land Use Map, the
amendment of the Zoning Atlas to reflect the desired designations, and the final approval by the
appropriate local, state and federal permitting agencies of the proposed jurisdictional line as
shown on the revised Master Plan.
The Community Development Board (CDB) has been provided with the most recent Development
Agreement. The CDB is required to review the proposed Development Agreement and make a
recommendation to the City Council.
SUMMARY AND RECOMMENDATION:
The Development Review Committee (DRC) reviewed the original application and supporting materials
at its meeting of July 1, 2010, and deemed the development proposal to be sufficient to move forward to
the Community Development Board (CDB).
Findings of Fact: The Planning and Development Department, having reviewed all evidence submitted by
the applicant and requirements of the Community Development Code, finds that there is substantial
competent evidence to support the following findings of fact and conclusions of law:
1. That the 131.05-acre site is located on the north side of Gulf-to-Bay Boulevard east of Bayshore
Boulevard;
2. That there is a companion application to amend the Future Land Use Map categories for the subject
properties from Institutional (I), Commercial General (CG), Preservation (P), Recreation/Open Space
(R/OS), Residential Low (RL), and Water/Drainage Feature categories to Institutional (I),
Community Development Board - October 19, 2010
DVA2010-06001 - Page 3 of 4 Item # 7
Attachment number 6
Page 4 of 4
Preservation (P), Recreation/Open Space (R/OS), and Water/Drainage Feature categories, and to
rezone this area from Institutional (I), Commercial (C), Open Space/Recreation (OS/R), Low Density
Residential (LDR) and Preservation (P) districts to Institutional (I), Open Space/Recreation (OS/R),
and Preservation (P) districts (LUZ2010-06002);
3. That the CDB originally approved this project on August 3, 2010, under Case DVA2010-06001;
4. That this companion application has been modified from the original application, consistent with the
alternative compromise recommendation from the Pinellas Planning Council, reducing the scope of
the proposed amendments;
5. That the proposal is to amend the Master Plan and Mitigation Plan for the Clearwater Christian
College, consistent with the companion application; and
6. That the proposal allows for the use of transfer of development rights to be used in connection with
the development of the Master Plan Area.
Conclusions of Law:
1. That the Development Agreement implements and formalizes the requirements for the related site
plan proposal (FLD2010-06001);
2. That the Development Agreement complies with the standards and criteria of Section 4-606 of the
Community Development Code; and
3. That the Development Agreement is consistent with the Visions, Goals, Objectives and Policies of the
Comprehensive Plan.
Based upon the above, the Planning Department recommends the APPROVAL, and recommendation to
the City Council, of an amended Development Agreement between Clearwater Christian College Private
School, Inc. (property owner) and the City of Clearwater previously approved by City Council on August
5, 2010 for the property at 3400 Gulf-to-Bay Boulevard.
Prepared by Planning Department Staff:
Lauren K. Matzke, AICP, Planner III
ATTACHMENTS:
? Development Agreement with Exhibits (strikethrough)
? Development Agreement as amended
? Staff Resume
? Location Map
? Aerial Map
? Current Future Land Use Map
? Proposed Future Land Use Map (Original)
? Proposed Future Land Use Map (Alternative Compromise)
? Current Zoning Map
? Proposed Zoning Map (Original)
? Proposed Zoning Map (Alternative Compromise)
? Existing Surrounding Uses Map
S: (Planning DepartmentlC D B?Development Agreements (DVA) IDVA2010-06001 - Gulf to Bay 3400 (I + P) 2010.07 -Approved - LKMllst
Amendment October 20101 Gulf to Bay 3400 DVA Updated Staff Report for 101910 CDB. docx
Community Development Board - October 19, 2010
DVA2010-06001 - Page 4 of 4 Item # 7
?- Meeting Date: 10/21/20 10
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Approve the applicant's request to vacate the north - south alleyway lying within Block 1, E.P. Merritt's Addition (aka 606
Seminole Street and 607 Nicholson Street) and approve Ordinance 8225-10 on first reading, (VAC2010-06 Jimmie, First M
Corporation and Jehudah LTD Partnership),
SUMMARY:
The applicant is seeking vacation of the subject alleyway to limit access into the properties adjacent to the alleyway. Police reports
describe petty theft, grand theft and criminal mischief taking place on the adjacent property. If the alleyway is vacated, the
applicant will fence off the alleyway to eliminate rear access to the involved properties.
Verizon, Bright House, Knology and Progress Energy have no objections to the vacation request.
The alleyway is unimproved and contains no City owned utilities.
The Engineering Department has no objections to the vacation request.
Review Approval: 1) City Manager 2) Clerk
Cover Memo
Item # 8
Attachment number 1
Page 1 of 1
ORDINANCE NO. 8225-10
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, VACATING THE ENTIRE ALLEY LYING WITHIN
BLOCK 1 OF E.P. MERRITT'S ADDITION, PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Howard R. Jimmy and First M Corporation Defined Pension Plan and
Yehudah Ltd. Partnership, owners of real property adjoining the alley described herein,
have requested that the City vacate the alley depicted in Exhibit A attached hereto; and
WHEREAS, the City Council finds that said alley is not necessary for municipal
use and it is deemed to be to the best interest of the City and the general public that the
same be vacated; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The following:
The entire alley lying within Block 1 of E.P. Merritt's Addition as recorded in
Plat Book 7, Page 6 of the Official Records of Hillsborough County of which
Pinellas County was formerly a part
is hereby vacated, closed and released, and the City of Clearwater releases all of its right,
title and interest thereto.
Section 2. The City Clerk shall record this ordinance in the public records of
Pinellas County, Florida, following adoption.
Section 3. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard
Mayor
Approved as to form: Attest:
Camilo A. Soto Rosemarie Call
Assistant City Attorney City Clerk
$
Ordinance No. 2 m 10
Attachment number 2
Page 1 of 1
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Clearwater Ord #: 8225-10 Vac #: 2010-06
Name: Jimmie - Minkoff Legend ROW to be Vacated
a I Bldg Footprint N
U Parcel Boundary W E
Vacate the alleyway lying in Block 1, E.P. Merritts Addition. Outside CLWTR City limits
Prepared by:
Engineering Department
Geographic Technology Division
16
-Clearwater Service Area Ite
m # 8 S
100S . Myr[le Ave, Clearwater, FL 33756
Ph: (727)562-4750, Fax: (727)5264755
www.MyCIearwatencom
Map Gen By: CRM
Reviewed By: SD
Date: 9/28/2010
Grid #: 277B
S-T-R: 09-29S-15E
Scale: N.T.S.
Attachment number 3
Page 1 of 1
Ord #: 8225-10 Vac #: 2010-06 Legend ROW to be Vacated
a N
0 Clearwater Name: Jimmie - Minkoff Bldg Footprint
Parcel Boundary W E
U Vacate the alleyway lying in Block 1, E.P. Merritts Addition. Outside CLWTR City limits
Prepared by: Plat book Hills 7, Page 6
~
Engineering Department rCearwater Service Area Ite m # 8 s
Geographic Technology Division
100S . Myr[le Ave, Clearwater, FL 33756
Ph: (727)562-4750, Fax: (727)5264755 Map Gen By: CRM Reviewed By: SD Date: 9/28/2010 Grid #: 277B S-T-R: 09-29S-15E Scale: N.T.S.
www. My C I ea rwater. co m
?- Meeting Date: 10/21/20 10
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Approve changes to the gas utility rates to become effective for all gas bills and services rendered on or after January 1, 2011 and
pass Ordinance 8153-10 on first reading.
SUMMARY:
Black and Veatch has completed a Cost of Service and Rate Study for the Clearwater Gas System (CGS). This study is an update
of their earlier study issued in October 2008.
The study includes a projection of CGS' financial position for the period 2010-2014 and a cost of service analysis to evaluate the
cost responsibility for each of the various classes of customers served.
Based on the results of the study, CGS' existing rates are adequate to meet its operating needs over the forecast period. Therefore,
no changes are proposed for gas base rates at this time.
Ordinance 8153-10 includes the following key changes to the gas sections of the Code of Ordinances:
Wording has been revised throughout to clarify responsibilities and reflect current operating procedures.
Service labor billing has been revised from an hourly rate with a 1-hour minimum to a trip charge plus per quarter hour rate.
A provision for Contract Service Charge Rates has been added for customers who regularly use CGS Service and Repair and will
contractually subscribe for such use.
The commercial use per customer factor contained in the Usage and Inflation Adjustment (UTA) mechanism is recalculated to
include all commercial customers.
Same day residential turn-on charges have been reduced to reflect actual costs.
The current gas rates and service charges of the Clearwater Gas System have been effective since January 1, 2009.
Type: Other
Current Year Budget?: None Budget Adjustment: None
Budget Adjustment Comments:
Current Year Cost: 0 Annual Operating Cost: 0
Not to Exceed: Total Cost: 0
For Fiscal Year: to
Review Approval: 1) Legal 2) Clerk 3) Assistant City Manager ED 4) Clerk 5) City Manager 6) Clerk Cover Memo
Item # 9
Attachment number 1
Page 1 of 67
s ?J'r d
r
r -Tl-
CLEARWATER GAS SYSTEM
Cost of Service and Rate Study
September 2010
BLACK V TC
Building a ltem # ttercncc`.
Attachment number 1
Page 2 of 67
LACK & VEACH
ul? dint' a world of difference'
September 30, 2010
Mr. Chuck Warrington
Managing Director
City of Clearwater
P.O. Box 4748
Clearwater, FL 33758-4748
Dear Mr. Warrington:
We are enclosing our report on the "Cost of Service and Rate Study" for the Clearwater Gas System (CGS).
This report is an update of our earlier report to you issued in October 2008. Our report presents the results of
our updated study, including a projection of CGS' financial position for the period 2010-2014 and a cost of
service analysis to evaluate the cost responsibility for each of the various classes of customers served.
Based on the results of our study, CGS' existing rates are adequate to meet its operating needs over the
forecast period; over that time cumulative cash flow remains positive. Therefore, we recommend only minor
changes to existing rates as follows:
Increase the Pasco County residential fuel surcharge to recoup associated direct supply and transportation
related cost increases.
Expand the use Commercial Rate customer factor contained in the Usage and Inflation Adjustment (UTA)
mechanism to include contract customers in order to reflect their migration to standard commercial tariffs.
Therefore, the five year historical average use per Commercial Rate customer is recomputed to be 6,307.
We appreciate the opportunity to have worked with you and your staff. If you have any questions, or would
like to discuss this further, please do not hesitate to contact us.
Managing Director
1 Based on customer data for fiscal years 02/03 through 06/07 to be consistent with the historical period previously used
to establish the use per Commercial Rate customer factor in the UTA.
Black & Veatch Corporation • 11401 Lamar Avenue • Overland Park, KS 66211 USA • Telephone: 9131.451]2#09
Attachment number 1
Page 3 of 67
CONTENTS
TABLE OF CLEARWATER GAS SYSTEM
COST OF SERVICE AND RATE STUDY
SECTION 1.0 EXECUTIVE SUMMARY .................................................................................. 1-1
Background .......................................................................................................................... .. 1-1
Study Objectives .................................................................................................................. .. 1-1
Scope .................................................................................................................................. ..1-1
Growth of CGS .................................................................................................................... ..1-2
Revenues and Revenue Requirements under Existing Rates ............................................... .. 1-3
Class Cost of Service ........................................................................................................... .. 1-6
Suggested Rate Adjustments ................................................................................................ .. 1-6
SECTION 2.0 REVENUES AND REVENUE REQUIREMENTS .......................................... .. 2-8
Projection of Number of Natural Gas Customers, Throughput, and Sales Revenues ......... .. 2-8
Revenue and Revenue Requirements ................................................................................... 2-12
Revenues .............................................................................................................................. 2-12
Revenue Requirements ........................................................................................................ 2-15
Operating Expenses ....................................................................................................... 2-15
Transfers to the City ....................................................................................................... 2-16
Depreciation ................................................................................................................... 2-16
Debt Service ................................................................................................................... 2-16
Plant Extensions and Replacements ............................................................................... 2-16
Net Cash Flow ................................................................................................................ 2-17
Proposed Rate Adjustment ................................................................................................... 2-17
SECTION 3.0 COST OF SERVICE .......................................................................................... .. 3-1
Cost of Service ..................................................................................................................... .. 3-1
Customer Classifications ..................................................................................................... .. 3-2
Basis for Allocation ............................................................................................................. .. 3-2
Cost Functions ............................................................................................................... .. 3-3
Allocation Factors and Allocation of Cost of Service ................................................... .. 3-4
Summary of Costs of Service and Comparison with Revenues .......................................... .. 3-9
SECTION 4.0 RECOMMENDED RATE ADJUSTMENTS ................................................... .. 4-1
Recommended Rate Adjustments ........................................................................................ .. 4-1
DISCLAIMER
APPENDIX A RECOMMENDED ORDINANCE
Black & Veatch TOC-1 Item
Attachment number 1
Page 4 of 67
SECTION EXECUTIVE SUMMARY
CLEARWATER GAS SYSTEM
COST OF SERVICE AND RATE STUDY
SECTION 1.0 EXECUTIVE SUMMARY
Background
The City of Clearwater, Florida, (the City) owns and operates Clearwater Gas System (CGS), which
is the natural gas and propane system serving approximately 19,600 customers in a service area
located in Pinellas and Pasco Counties. Service is provided to residences, businesses, industry, and
institutions.
CGS is one of seven utility enterprise operations (natural gas and propane, water, sewer, reclaimed
water, solid waste, recycling, stormwater) owned and operated by the City. The elected City Council
sets policy guidelines and charges the City Manager with the direction of all departments. CGS is
administered by a Managing Director who reports to the Assistant City Manager, Economic
Development & Enterprise Operations.
Study Objectives
The overall purpose of this engagement is multi-faceted. Specifically, findings, conclusions, and
recommendations together with supporting documentation are provided relative to the following
initiatives undertaken during the course of our analyses:
1. Evaluate the adequacy of existing cost recovery mechanisms, specifically user rates to meet the
operational and capital requirements of CGS on a prospective basis.
2. Verify that the current rates are being applied correctly.
3. Forecast revenues and revenue requirements for a five-year period to determine the overall
adequacy of existing rates to support CGS' operating and capital needs and prudently maintain
cash reserves to meet CGS contingencies.
4. Prepare a class cost of service analysis to identify the cost associated with serving each class of
service.
5. Recommend revised rates sufficient to meet CGS' total revenue requirements that reflect cost of
service considerations and practical rate implementation constraints, as required.
Scope
This report presents the results of a comprehensive study including a projection of the financial
position of CGS for the period 2010 through 2014, a class cost of service analysis to evaluate the
cost responsibility for each of the various classes of customers served, and the development of
recommended rate charges to recover the costs of providing service from respective classes of
customers. CGS operates on a fiscal year ending September 30. References in this report to a
specific year reflect the fiscal year ending on September 30 of that year unless otherwise noted.
The projections of revenue requirements for CGS are based on the analysis of historical costs
incurred in providing service and reflect current and anticipated future operating conditions and cost
Black & Veatch 1-1 Item
Attachment number 1
Page 5 of 67
SECTION SUMMARY
CLEARWATER GAS SYSTEM
COST OF SERVICE AND RATE STUDY
levels. Anticipated future operating conditions and cost levels recognize the amount and degree of
service, system expansion, renewals and replacements, inflationary effects, and other factors.
The class cost of service analysis includes the functional classification of test year costs and the
subsequent allocation of functional costs to various classes of customers on the basis of the relative
cost responsibility of each class. Allocated cost of service is then compared with test year revenues
under recommended rates to determine the rate of return on allocated net plant investment for each
of the customer classes.
CGS passes through and recovers from customers its natural gas costs via a purchased gas cost rider.
Therefore our report focuses on the margin, or the non-gas cost, portion of CGS' gas rate. CGS has
in-place several riders that include a Weather Normalization Adjustment (WNA), an Energy
Conservation Adjustment (ECA) and a Regulatory Imposition Adjustment (RIA). The "A is a
mechanism in its tariff to recover fluctuations in consumption due to colder or warmer than normal
weather. The "A adjustment is applied to all customer classes. Our sales projections are weather
normalized. Through a WNA, CGS adjusts for fluctuations in consumption due to colder or warmer
than normal weather.
Growth of CGS
The number of natural gas customers served by CGS has increased by about 60 customers, or
approximately 0.4 percent, from 17,329 in 2008 to 17,389 in 2009. The increase in customers is
largely attributable to the addition of small commercial customers and small contract customers. For
the period 2005-2009, throughput (sales) has averaged about 21,338,018 therms. Based upon recent
history, we project that number of customers and throughput will increase slightly during the
projected period. Our projection of numbers of customers and throughput are conservative based on
our discussion with management regarding marketing efforts and existing local and statewide
economic conditions. We project number of customers and weather normalized throughput to
increase slightly by 2014 to 18,188 and 21,146,839 therms, respectively. We have projected that use
per customer during the projection period will remain constant at the levels experienced over the
recent historical period because any declines in use per customer will be reflected in the Usage and
Inflation Adjustment (UTA). However, use per customer (primarily Residential) has generally been
declining consistent with the trends experienced throughout the country as the efficiency of natural
gas equipment and homes has improved. Residential Single-Family use per customer has declined
from approximately 270 therms per year in FY 1996 to 204 therms per year in FY 2009. Some of the
recent decline has been due to warmer than normal weather; however, the majority of this decline
has been due to conservation and/or improved efficiency.
Black & Veatch 1-2 Item
Attachment number 1
Page 6 of 67
SECTION SUMMARY
CLEARWATER GAS SYSTEM
COST OF SERVICE AND RATE STUDY
Revenues and Revenue Requirements C Existing Rates
We use the cash basis of determining revenue requirements for municipal utilities as a guide in
recommending overall rate adjustments. The cash basis is an accepted industry norm for municipal
utility rate and bond financing studies. Table 1-1 summarizes historical and projected revenues and
revenue requirements under existing rates. We also present net cash flow for the projected period.
Black & Veatch 1-3 Item
Attachment number 1
Page 7 of 67
SECTION SUMMARY
CLEARWATER GAS SYSTEM
COST OF SERVICE AND RATE STUDY
Table 1-1
Clearwater Gas System
Historical and Projected Revenues & Revenue Requirements
Under Existing Rates with Inflation Adjustment'
Line
No. Description
1 Operating Revenue
2 Gas Sales
3 Fuel Revenue -Pasco
4 Fuel Revenue - Pinellas
5 Customer Fuel Surcharge - Pasco
6 Fuel Related Dividend Collection
7 Total Fuel Revenue
8 Non-Fuel Sales Revenue - Pasco
9 Non-Fuel Sales Revenue - Pinellas
10 Weather Normalization Adjustment Revenue
11 Energy Conservation Adjustment Revenue
12 ECA Related Dividend Collection
13 Regulatory Imposition Adjustment Revenue
14 Total Gas Margin
15 Total Gas Sales Revenue
16 Other Revenue
17 LP Sale Revenue Credit (1)
18 Service Charges to Customers
19 Total Other Revenue
20 Total Operating Revenue
21 Revenue Requirements
22 Gas Purchased
23 Operating & Maintenance /A&G
24 Project Expenses
25 RIA/ECA Recovery
26 Taxes
27 Total Operating Expenses
28 Operating Income
29 Depreciation Expense
30 Net Operating Income before Transfer
31 Non Operating Revenues (Expenses)
32 Earnings on Investments Revenue
33 Earnings on Investments of Bond Revenue
34 Interest Expense and Fiscal Charges
35 Amortization of Bond Discount and Issue Costs
36 Gain (Loss) on Exchange of Assets
37 Other Non Operating Revenue
38 Total Non Operating Revenues
39 Net Income before Transfer
40 Transfers In (Out) (2)
41 Net Income
42 Long Term Debt Principal Payments
43 Revenue Bonds
44 Series 2004
45 Series 2005
46 Series 2007
47 Total Revenue Bonds Principal Payments
48 Plant Extension and Replacements
49 Net Cash Flow
50 Net Income
51 Principal Payments
52 Plant Extension and Replacements
53 Depreciation Expense
54 Amortization of Bond Discount and Issue Costs
55 Net Cash Flow
56 Cumulative Cash Flow
Historical Projected
FY 04/05 FY 05/06 FY 06/07 FY 07/08 FY 08/09 FY 09/10 FY 10/11 FY 11/12 FY 12/13 FY 13/14
$ $ $ $ $ $ $ $ $ $
2.30 8,668 2,951,745 2,610,647 2,959,559 2,654,622
17,688,669 21,782,985 17,909,266 19,938,287 14,107,268
1.462.030
19.997.337 24.734.730 20.519.913 22.897.845 18.223.920
1,189,206 1,308,355 1,420,595 1,446,045 1,693,405
9,052,402 9,003,073 8,856,198 8,618,183 8,883,379
109,389 (68) 162,032 261,676 (12,
1,112,957 1,405,454 1,667,358 1,316,074 831,265
65,030
99.585 120.742 51.545 (0) 7.678
11.563.539 11.837.556 12.157.729 11.641.978 11.480.745
31,560,876 36,572,286 32,677,642 34,539,823 29,704,665
(64,254) 15,777 34,629 101,922 167,949
4.572.138 5.104.597 4.664.381 4.091.194 3.638.170
4,507,884 5,120,374 4,699,010 4,193,117 3,806,119
36,068,760 41,692,660 37,376,651 38,732,940 33,510,784
18,946,990 21,935,185 18,279,645 21,021,990 16,469,049
6,960,144 7,362,792 7,468,982 7,648,591 6,065,282
1,372,454 1,342,491 1,275,703 1,244,760 1,164,571
2.174.044 2.321.270 2.175.143 2.136.971 2.072.695
29,453,633 32,961,737 29,199,472 32,052,313 25,771,598
6,615,127 8,730,923 8,177,179 6,680,627 7,739,185
(11508448) (11570743) (116511893) (11742867) (1797396
5,106,679 7,160,179 6,525,286 4,937,760 5,941,790
2,806,647 2,822,367 2,847,165 2,871,963 2,896,761
14,889,371 14,768,559 14,877,780 14,990,228 15,102,841
18,060 18,060 18,240 18,420 18,600
2.221.866 1.219.977 1.219.977 1.219.977 1.219.977
19.935.944 18.828.963 18.963.162 19.100.589 19.238.180
1,697,534 1,750,756 1,811,458 1,874,555 1,940,137
8.593.455 8.807.511 9.103.968 9.414.207 9.736.719
2,285,925 2,275,068 2,291,820 2,308,976 2,326,152
137,838 54,264 54,264 54,264 54,264
207.811 206.824 208.347 209.907 211.468
12.922.563 13.094.423 13.469.857 13.861.909 14.268.740
32,858,507 31,923,387 32,433,019 32,962,498 33,506,920
168,000 168,000 168,000 168,000 168,000
3.447.000 3.450.000 3.450.000 3.450.000 3.450.000
3,615,000 3,618,000 3,618,000 3,618,000 3,618,000
36,473,507 35,541,387 36,051,019 36,580,498 37,124,920
17, 714, 078 17, 608, 986 17, 74 3,185 17, 880, 611 18, 018, 202
6,792,280 6,996,200 7,206,000 7,422,200 7,644,800
330,000 300,000 400,000 400,000 400,000
2,493,736 2,481,892 2,500,167 2,518,883 2,537,621
1.906.000 1.906.000 1.906.000 1.906.000 1.906.000
29.236.094 29.293.078 29.755.353 30.127.694 30.506.623
7,237,413 6,248,309 6,295,667 6,452,803 6,618,297
(1947 696) (2,019,696) (2,088,696) (2,159,196) (2,229,696)
5,289,718 4,228,613 4,206,971 4,293,608 4,388,601
327.672 611.995 850.084 595.279 913.55711 755.000 755.000 755.000 755.000 755.000
(1,211,001) (1,189,812) (1,605,262) (939,825) (877,110 (802,450) (753,051) (724,301) (695,551) (665,691)
(201,328) (200,908) (41,402) (29,017) (28,499 (29,017) (29,017) (29,017) (29,017) (29,017)
- - (3,961) - - - - - - -
270.490 274.772 246.190 743.310 4.726.688 214.980 214.980 214.980 214.980 214.980
(814,166) (503,954) (554,351) 369,746 4,734,636 138,513 187,912 216,662 245,412 275,272
4,292,512 6,656,226 5,970,936 5,307,506 10.676.426 5,428,231 4,416,525 4,423,633 4,539,019 4,663,873
(1,459,800) (1,411,684) (1,859,423) (1,709,759) (2,037,293 (4,318,260) (1,700,000) (1,700,000) (1,700,000) (1,700,000)
2,832,712 5,244,542 4,111,513 3,597,747 8,639,133 1,109,971 2,716,525 2,723,633 2,839,019 2,963,873
770.000
1,455,000
13,610,671
180,000 185,000 185,000 205,000 315,000
225.000 240.000 240.000 250.000 205.000
370.000 370.000 370.000 370.000 370.000
775.000 795.000 795.000 825.000 890.000
5,010,000 2,400,000 2,300,000 2,350,000 2,350,000
8,639,133 11 109 ,971 2,716.525 2,723,633 2,839,019 2,963,873
(770,000) (775,000) (795,000) (795,000) (825,000) (890,000)
(1,455,000) (5,010,000) (2,400,000) (2,300,000) (2,350,000) (2,350,000)
1,797,396 1,947,696 2,019,696 2,088,696 2,159,196 2,229,696
28.499 29.017 29.017 29.017 29.017 29.017
8,240,028 (2,698,317) 1,570,237 1,746,346 1,852,232 1,982,585
21.850.699 19.152.382 20.722.619 22.468.965 24.321.197 26.303.783
57 Margin on Sales 13,235,615 15,144,429 14,314.401 14,689,834 15,081,886 15,488,717
58 Net Cash Flow as%of Margin 62.26% -17.82% 10.907 11.89% 12.28% 12.80%
(1) LP revenue less cost of propane less propane O&M
(2) The FY 06/07 transfer includes dividend paid to the General Fund of $2.6 million net of a one time payment from the City of $744,208
1 Revenues for residential and commercial rate schedules, operating and maintenance expenses and administrative and
general expense are adjusted annually by a projected inflation rate of 3 percent per annum beginning in FY 10/11.
Black & Veatch 1-4 Item
Attachment number 1
Page 8 of 67
CGS derives its revenues from gas and propane sales, interest on reserve funds, and other
miscellaneous receipts. CGS' operating revenues, including sales of propane, have increased by
about 3 percent per year from $29.0 million in 2003 to $33.5 million in 2009. The principal reason
for the increases in historical revenues is the pass through to customers of increases in the cost of
purchased gas. CGS passes through and recovers from customers the cost of purchased gas. We
project operating revenues under existing rates to increase slightly to $37.1 million during the
projection period. This change in level is primarily due to a combination of inflation adjusted
revenue increases and small increases in customer load.
Revenue requirements of CGS include operating expenses, debt service on existing and future
bonds, transfers to the City, and system improvements financed from current revenues. We project
approximately $14.4 million of capital expenditures to be financed through revenues during the
2010-2014 period.
In the table below we summarize projected cash financed capital improvements for the natural gas
system. These projections were supplied by CGS.
V 1. ' ? E .?'?
S Qn Ui e B'
L t
N';;
W W W mx
W mx
W mx
W
Gas Meter Change 100
000 - - - - 100
000
Pinellas - Out , ,
Line Relocating Pinellas 100
000 200
000 100
000 50
000 50
000 500
000
- Capitalized , , , , , ,
Pinellas New Mains & 3
000
000 1
500
000 1
500
000 1
500
000 1
500
000 9
000
000
Service Lines ,
, ,
, ,
, ,
, ,
, ,
,
Pasco New Mains &
Service Lines 1,500,000 250,000 250,000 250,000 250,000 2,500,000
Pasco Gas Meter
Change - Out 210,000 50,000 50,000 50,000 50,000 410,000
Line Relocation Pasco - - - - 100
000 100
000 200
000
Capitalized , , ,
Building Renovation - 100
000 - - - - 100
000
Capitalized , ,
Future IMS software and
hardware
Gas Mains Program - - - - - _
funded by Dividend
Expanded Energy
Conservation - 200,000 200,000 200,000 200,000 800,000
NGV - 200,000 200,000 200,000 200,000 800,000
Total New Capital 5,010,000 2,400,000 2,300,000 2,350,000 2,350,000 14,410,000
Black & Veatch 1-5 Item # 9
Attachment number 1
Page 9 of 67
Class Cost of Service
To compare allocated costs of service and revenues under present rates, a test year is chosen that is
considered to be typical of system operations. The test year for our cost of service analyses for CGS
is 2010.
For analysis purposes, the test year costs of service are expressed in terms of operating expenses,
depreciation, transfers, and funds available for capital improvements and/or reserve requirements.
We allocate test year costs of service to the various customer classes of CGS on the basis of the units
of service rendered. We then compare allocated costs of service with revenues under existing rates to
determine the return on allocated net plant for each customer class. The results of the cost of service
study should be viewed in the context of the relative return being earned by CGS from these
customer classes.
Our results indicate that under existing rates, with the exception of the single family residential rate
class, all of the rates of return are positive and the rate of return for each class is above the overall
rate of return.
Suggested Rate Adjustments
Based on the results shown in Table 1-1, CGS' existing rates are adequate to meet its operating
needs over the forecast period; over that time cumulative cash flow remains positive. Therefore, we
recommend only minor changes to existing rates as follows:
I. Recompute the commercial use per customer factor contained in the Usage and Inflation
Adjustment (UTA) mechanism to include all commercial customers, in order to reflect the
migration of former contract customers to standard commercial tariffs.
2. Regularly monitor the rates charged by competitors for propane. Our projections are based on
service to propane customers essentially breaking even. Charges for propane service should be
increased to the extent possible when competitive factors are considered and to encourage the
load levels that CGS desires.
3. Regularly monitor service charge rates and consider adopting a new pricing structure that
establishes a per trip charge plus quarter hourly rates for time on-site.
Beyond the timeline captured in our study, it is suggested that CGS review anticipated cash flow and
rates levels to confirm that adequate funding is maintained for its ongoing operating and capital
investment needs.
Table 1-3 compares typical bills under CGS' recommended rates with Progress Energy and
Withlacoochee River Electric Cooperative (WREC) for a residential customer. As shown in Table I-
3, CGS holds a competitive advantage to both Progress Energy and WREC for hot water, space
heating and cooking.
Black & Veatch 1-6 Item # 9
Attachment number 1
Page 10 of 67
Table 1-3
Clearwater Gas System
Comparison of Residential Bills with Recommended Rates
to Progress Energy and Withlacoochee River Electric Cooperative
Difference from CGS
Progress
Energy WREC CGS Progress Energy WREC
$/kWh $/kWh $/therm
Total Rate 0.13588 0.10063 1.48
Estimated Energy Consumption kWh kWh Therms
Heating (2) 2250 2250 150
Hot Water 5000 5000 170
Cooking 2000 2000 45
Annual Cost
Heating $ 305.73 $ 226.42 $ 222.00 $ (83.73) -27.4% $ (4.42) -2.0%
Hot Water $ 679.40 $ 503.15 $ 251.60 $ (427.80) -63.0% $ (251.55) -50.0%
Cooking $ 271.76 $ 201.26 $ 66.60 $ (205.16) -75.5% $ (134.66) -66.9%
Total $ 1,256.89 $ 930.83 $ 540.20 $ (716.69) -57.0% $ (390.63) -42.0%
Rates as of 1 st Qtr 2010
(2) Electric Assumes 200 percent efficient air to air heat pump and gas assumes 90 percent efficient furnace
Note. 1 MMBtu equals 293 kWh at 100 percent efficiency.
Progres Energy rates are for 1,000 kWh and above.
Progres Energy rates source: http://progress-energy.com/custservice/flares/communicate/ResRates.pdf
Black & Veatch 1-7 Item # 9
Attachment number 1
Page 11 of 67
SECTION REVENUES REQUIREMENTS
AND REVENUE CLEARWATER GAS SYSTEM
COST OF SERVICE AND RATE STUDY
SECTION 2.0 REVENUES AND REVENUE REQUIREMENTS
CGS provides service to residential, commercial, and industrial customers in Pinellas and Pasco
Counties.
Projection of Number of Natural Gas Customers, Throughput, and Sales Revenues
Table 2-1 summarizes historical and projected average number of customers, throughput, and
revenues under existing rates for each natural gas rate schedule. The number of customers served by
CGS has increased by about 60 customers, or approximately 0.4 percent, from 17,329 in 2008 to
17,389 in 2009. The increase in customers is largely attributable to the addition of small customers
and small contracts. For the period 2005-2009, throughput (sales) has averaged about 21,338,018
therms. Based upon recent history, we project that number of customers and throughput will increase
slightly during the projected period. Our projection of numbers of customers and throughput are
conservative based on our discussion with management regarding marketing efforts and potential
large load additions. We reflect actual number of customers billed and throughput through December
2009. We project number of customers and weather normalized throughput to increase slightly by
2014 to 18,188 and 21,146,839 therms, respectively.
Throughout the projection period, we assume that use per customer (therms per customer) is
constant at the level experienced by CGS over the recent historical period. However, as shown in
Figure 2-1, Residential use per customer has experienced a consistent and significant decline over
the 1995-2005 period with a leveling off over the last five years. While the numbers in Figure 2-1
are not weather normalized with the exception of the figure shown for FY 2010, the historical
decline exhibited is too large to be explained by weather since heating degree-days in Clearwater are
relatively low. Residential Single-Family use per customer has declined from 270 therms per year
FY 1996 to approximately 205 therms per year in FY 2009.
It should be noted that weather conditions during FY 2008 were significantly warmer than normal
and in FY 2009 about normal as measured by heating degree-days. FY 2008 was approximately 35
percent warmer than normal and FY 2009 was approximately 3 percent colder than normal. The
weather normalized use per Residential Single-Family customer reflected in the projected period is
204 therms per year. The weather normalized use per Standard Commercial Rate2 customer used in
the project is 4,939 therms per year. The historical decline experienced in Clearwater is consistent
with trends we have seen throughout the country as older less efficient equipment (water heaters and
furnaces, primarily) are being replaced with more efficient equipment. This decline appears to be
primarily contained to the Residential customer classes.
2 CGS rate schedules NSFC, NMFC, NLFC, NSGS, NMGS and NLGS.
Black & Veatch 2-8 Item # 9
Attachment number 1
Page 12 of 67
SECTION REVENUES REVENUE AND REQUIREMENTS
CLEARWATER GAS SYSTEM
COST OF SERVICE AND RATE STUDY
Figure 2-1
Clearwater Gas System
Residential Single-Family Use per Customer
290
270
250
E 230
a?
210
190
170
150
FY 95/96 FY 02/03 FY 03/04 FY 04/05 FY 05/06 FY 06/07 FY 07/08 FY 08/09 FY 09/10
Annual Use per Residential Single-Family Customer
The class throughput forecasts are based on the product of the number of customers and the use per
customer forecasts. For customer classes whose usage is weather dependent (residential and
commercial), the use per customer forecasts are based on regression analyses of use per customer
versus heating degree-days and time to take into account changes in usage characteristics over time.
Normal (weather normalized) use per customer is then forecast using the regression coefficients and
normal heating degree-days. We base our forecast on annual heating degree-days of 495 which is the
average experienced in Clearwater over the last 10 years. For customer classes whose usage is not
weather dependent (interruptible and industrial), the primary consideration is the historical trend in
use per customer.
We project operating revenues under existing rates to increase slightly to $37.1 million during the
projection period, which is consistent with our underlying assumption with regards to number of
customers and inflation adjustment. Under existing rates, we assume the cost of gas to be $0.88 per
therm except for contract and interruptible customers.
Black & Veatch 2-9 Item # 9
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Attachment number 1
Page 15 of 67
SECTION REVENUES REQUIREMENTS
AND REVENUE CLEARWATER GAS SYSTEM
COST OF SERVICE AND RATE STUDY
Adequacy of the existing rates is tested by comparing revenues under existing rates with revenue
requirements. To help test the reasonableness of individual rate schedules, revenue requirements are
allocated to cost functions and to customer classes. The resulting allocated cost can be used as a
measure of the reasonableness of recommended rate levels.
Revenue and Revenue Requirements
Revenues of CGS consist of operating and non-operating revenues. Revenue requirements of CGS
consist of operating expenses, debt service requirements, and financing of capital improvements.
Revenues in excess of revenue requirements represent net revenues available to CGS to make
contributions to the general operating fund of the City and to provide a reserve for CGS
contingencies.
An analysis of future revenue requirements of CGS is presented in Table 2-2. The use of a future
period is used to determine the adequacy of existing natural gas rates to meet the operating expenses,
transfers, depreciation expense, and non-operating expenses. Also, the adequacy of net cash is tested
to determine whether sufficient cash is generated to fund capital improvements internally. We show
historical data from the years 2005 through 2009 and we project future revenue requirements for the
four-year period 2010 through 2014. Historical information is based on financial statements and
information provided to us by CGS. Projections for the forecast period reflect current inflationary
trends and short and long-range capital improvement program for CGS, as provided by CGS staff.
Revenues
CGS' operating revenues are shown in Table 2-23, Lines 1 through 20. Operating revenues are
directly affected by the level of rate charges and gas costs, which are passed through directly to
CGS' customers. Operating revenues consist principally of revenues from the distribution of gas
utility service to CGS customers. On a monthly basis, CGS changes rates to reflect increases and
decreases in the cost of gas that CGS purchases for its sales service customers. In the study, it was
assumed that existing rates will be adjusted by 3 percent annually to account for inflation, as allowed
by the existing Usage and Inflation Adjustment (UTA) mechanism. As discussed in the Operating
Expenses section of the report, O&M and A&G costs were also adjusted by 3 percent annually. The
volumes used for Table 2-2 already reflect normal weather and no additional decline in use per
3 Note that projected Total Gas Sales Revenue shown on line 15 of Table 2-2 reconciles to the Total Revenue column on
Table 2-1 by excluding the following Table 2-2 items:
a. Line 6, Fuel Related Dividend Collection
b. Line 11, Energy Conservation Adjustment Revenue
c. Line 12, ECA Related Dividend Collection
d. Line 13, Environmental Imposition Adjustment Revenue
Black & Veatch 2-12 Item # 9
Attachment number 1
Page 16 of 67
SECTION REVENUES
AND REVENUE REQUIREMENTS
CLEARWATER GAS SYSTEM
COST OF SERVICE AND RATE STUDY
customer. To the extent that weather is abnormal and Residential usage actually declines in the
projected period, the proposed UTA should adjust rates to collect the shortfall.
Other revenues, shown on Lines 16 through 19, include revenues associated with LP sales revenue
credit, gas service charges, appliance sales, franchise fees, gross receipts tax collection, installation
charges, inspection fees, and late payment fees. We project other revenues to remain flat at
$3.6 million during the forecast period.
Black & Veatch 2-13 Item # 9
Attachment number 1
Page 17 of 67
SECTION REVENUES
AND REVENUE REQUIREMENTS
CLEARWATER GAS SYSTEM
COST OF SERVICE AND RATE STUDY
Table 2-2
Clearwater Gas System
Historical and Projected Revenues & Revenue Requirements
Under Existing Rates with Inflation Adjustment4
Line
No. Description
1 Operating Revenue
2 Gas Sales
3 Fuel Revenue - Pasco
4 Fuel Revenue - Pinellas
5 Customer Fuel Surcharge - Pasco
6 Fuel Related Dividend Collection
7 Total Fuel Revenue
8 Non-Fuel Sales Revenue - Pasco
9 Non-Fuel Sales Revenue - Pinellas
10 Weather Normalization Adjustment Revenue
11 Energy Conservation Adjustment Revenue
12 ECA Related Dividend Collection
13 Regulatory Imposition Adjustment Revenue
14 Total Gas Margin
15 Total Gas Sales Revenue
16 Other Revenue
17 LP Sale Revenue Credit (1)
18 Service Charges to Customers
19 Total Other Revenue
20 Total Operating Revenue
21 Revenue Reauirements
22 Gas Purchased
23 Operating & Maintenance /A&G
24 Project Expenses
25 RIA/ECA Recovery
26 Taxes
27 Total Operating Expenses
28 Operating Income
29 Depreciation Expense
30 Net Operating Income before Transfer
31 Non Operating Revenues (Expenses)
32 Earnings on Investments Revenue
33 Earnings on Investments of Bond Revenue
34 Interest Expense and Fiscal Charges
35 Amortization of Bond Discount and Issue Costs
36 Gain (Loss) on Exchange of Assets
37 Other Non Operating Revenue
38 Total Non Operating Revenues
39 Net Income before Transfer
40 Transfers In (Out) (2)
41 Net Income
42 Long Term Debt Principal Payments
43 Revenue Bonds
44 Series 2004
45 Series 2005
46 Series 2007
47 Total Revenue Bonds Principal Payments
48 Plant Extension and Replacements
49 Net Cash Flow
50 Net Income
51 Principal Payments
52 Plant Extension and Replacements
53 Depreciation Expense
54 Amortization of Bond Discount and Issue Costs
55 Net Cash Flow
56 Cumulative Cash Flow
Historical
FY 04/05 FY 05/06 FY 06/07 FY 07/08 FY OE
2.30 8,668 2,951,745 2,610,647 2,959,559 2,654,622
17,688,669 21,782,985 17,909,266 19,938,287 14,107,268
1.462.030
19,997,337 24,734,730 20,519,913 22,897,845 18,223,920
1,189,206 1,308,355 1,420,595 1,446,045 1,693,405
9,052,402 9,003,073 8,856,198 8,618,183 8,883,379
109,389 (68) 162,032 261,676 (12
1,112,957 1,405,454 1,667,358 1,316,074 831,265
65.030
99.585 120.742 51.545 (0) 7.678
11.563.539 11.837.556 12.157.729 11.641.978 11.480.745
31,560,876 36,572,286 32,677,642 34,539,823 29,704.665
(64,254) 15,777 34,629 101,922 167,949
4.572.138 5.104.597 4.664.381 4.091.194 3.638.170
4,507,884 5,120,374 4,699,010 4,193,117 3,806,119
36,068,760 41,692,660 37,376,651 38,732,940 33,510,784
18,946,990 21,935,185 18,279,645 21,021,990 16,469,049
6.960.144 7.362.792 7.468.982 7.648.591 6.065.282
1,372,454 1,342,491 1,275,703 1,244,760 1,164,571
2.174.044 2.321.270 2.175.143 2.136.971 2.072.695
29,453,633 32,961,737 29,199,472 32,052,313 25,771,598
6,615,127 8,730,923 8,177,179 6,680,627 7,739,185
1,455,000
(1,508,448) (1,570,743) (1,651,893) (1,742,867) (1,797,3964(1,947,696) (2,019,696) (2,088,696) (2,159,196) (2,229,696)
5,106,679 7,160,179 6,525,286 4,937,760 5,941,790 11 5,289,718 4,228,613 4,206,971 4,293,608 4,388,601
327.672 611.995 850.084 595.279 913.55711 755.000 755.000 755.000 755.000 755.000
(1,211,001) (1,189,812) (1,605,262) (939,825) (877,110 (802,450) (753,051) (724,301) (695,551) (665,691)
(201,328) (200,908) (41,402) (29,017) (28,499 (29,017) (29,017) (29,017) (29,017) (29,017)
- - (3,961) - - - - - - -
270.490 274.772 246.190 743.310 4.726.688 214.980 214.980 214.980 214.980 214.980
(814,166) (503,954) (554,351) 369,746 4,734,636 11 138,513 187,912 216,662 245,412 275,272
4,292,512 6,656,226 5,970,936 5,307,506 10.676.426 5,428,231 4,416,525 4,423,633 4,539,019 4,663,873
(1,459,800) (1,411,684) (1,859,423) (1,709,759) (2,037,293 (4,318,260) (1,700,000) (1,700,000) (1,700,000) (1,700,000)
2,832,712 5,244,542 4,111,513 3,597,747 8,639,133 1,109,971 2,716,525 2,723,633 2,839,019 2,963,873
770.000
13,610,671
79/10 FY 10/11 FY 11/12 FY 12/13 FY 13/14
2,806,647 2,822,367 2,847,165 2,871,963 2,896,761
14,889,371 14,768,559 14,877,780 14,990,228 15,102,841
18,060 18,060 18,240 18,420 18,600
2.221.866 1.219.977 1.219.977 1.219.977 1.219.977
19.935.944 18.828.963 18.963.162 19.100.589 19.238.180
1,697,534 1,750,756 1,811,458 1,874,555 1,940,137
8,593,455 8,807,511 9,103,968 9,414,207 9,736,719
2,285.925 2,275,068 2,291,820 2,308,976 2,326,152
137,838 54,264 54,264 54,264 54,264
207.811 206.824 208.347 209.907 211.468
12.922.563 13.094.423 13.469.857 13.861.909 14.268.740
32,858,507 31,923,387 32,433,019 32,962,498 33,506,920
168,000 168,000 168,000 168,000 168,000
3.447.000 3.450.000 3.450.000 3.450.000 3.450.000
3,615,000 3,618,000 3,618,000 3,618,000 3,618,000
36,473,507 35,541,387 36,051,019 36,580,498 37,124,920
17, 714, 078 17, 608, 986 17, 74 3,185 17, 880, 611 18, 018, 202
6,792,280 6,996,200 7,206,000 7,422,200 7,644,800
330.000 300.000 400.000 400.000 400.000
2.493.736 2.481.892 2.500.167 2.518.883 2.537.621
1.906.000 1.906.000 1.906.000 1.906.000 1.906.000
29.236.094 29.293.078 29.755.353 30.127.694 30.506.623
7,237,413 6,248,309 6,295,667 6,452,803 6,618,297
180.000 185,000 185,000 205,000 315,000
225,000 240,000 240,000 250,000 205,000
370.000 370.000 370.000 370.000 370.000
775,000 795,000 795,000 825,000 890,000
5,010,000 2,400,000 2,300,000 2,350,000 2,350,000
8.639,133 1,109,971 2,716,525 2,723,633 2,839,019 2,963,873
(770,000) (775,000) (795,000) (795,000) (825,000) (890,000)
(1,455,000) (5,010,000) (2,400,000) (2,300,000) (2,350,000) (2,350,000)
1,797,396 1,947,696 2,019,696 2,088,696 2,159,196 2,229,696
28.499 29.017 29.017 29.017 29.017 29.017
8,240,028 (2,698,317) 1,570,237 1,746,346 1,852,232 1,982,585
21.850.699 19.152.382 20.722.619 22.468.965 24.321.197 26.303.783
57 Margin on Sales 13,235,615 11 15,144,429 14,314,401 14,689,834 15,081,886 15,488,717
58 Net Cash Flow as%of Margin 62.26%11 -17.82% 10.97% 11.89% 12.28% 12.80%
(1) LP revenue less cost of propane less propane O&M
(2) The FY 06/07 transfer includes dividend paid to the General Fund of $2.6 million net of a one time payment from the City of $744,208
4 Revenues for residential and commercial rate schedules, operating and maintenance expenses and administrative and
general expense are adjusted annually by a projected inflation rate of 3 percent per annum beginning in FY 10/11.
Black & Veatch 2-14 Item # 9
Attachment number 1
Page 18 of 67
SECTION REVENUES
AND REVENUE REQUIREMENTS
CLEARWATER GAS SYSTEM
COST OF SERVICE AND RATE STUDY
Revenue Requirements
Operating Expenses
Operating expenses include purchased gas expense, operation and maintenance expense,
administrative and general expense, and other expenses. Projections of future operating expense are
based on analyses of historical trends in operating data, with consideration of both current and
anticipated future operating conditions and inflationary impacts.
Total operating expenses (Table 2-2, Line 27) have declined somewhat over the past six years from
$29 million in 2005 to $26 million in 2009. The largest O&M expense is the cost of purchased gas.
Purchased gas expense decreased from $19 million in 2005 to $16 million in 2009 (Line 22). CGS
passes along changes in natural gas costs to its retail customers on a monthly basis through a
purchased gas adjustment (PGA).
Operation and maintenance (O&M) and administrative and general (A&G) expense are shown in
aggregate on Line 23 of Table 2-2. These expenses include salaries and employee benefits, materials
and supplies, repairs and maintenance, contractual services, and office and utility expenses. O&M
and A&G expenses have increased about 3 percent per year during the historical period. We project
O&M and A&G expenses to increase about 3 percent annually, growing from $6.0 million in 2009
to $7.6 million by 2014. Much of this increase is attributable to the continued increases in salaries
and benefits. Project expenses on Line 24, approximately equal to 14 percent of forecasted capital
improvements, are treated in the same fashion as operation and maintenance and A&G expenses.
RIA/ECA recovery shown in Line 25, are expenses that are recovered through the RIA and ECA
riders in CGS' tariff. The ECA is the Energy Conservation Adjustment is intended to recover costs
associated with energy conservation programs. The RIA is the Environmental Imposition
Adjustment and is intended to recover the cost of environmental programs imposed on CGS by
federal, state, or local regulatory agencies. The taxes shown on Line 26 primarily consist of franchise
and gross receipts taxes.
Non-operating revenues/expenses include interest income, interest expenses and fiscal charges,
amortization of bond discount and issue costs and other non-operating revenues. These revenues and
expenses are shown on Table 2-2, Lines 31 through 38. Interest earnings, amortization of debt
issuance costs and other operating revenues are forecast to remain flat during the forecast period.
Interest expenses are forecasted to decline through the period consistent with CGS paying down debt
during the period.
Black & Veatch 2-15 Item # 9
Attachment number 1
Page 19 of 67
SECTION REVENUES
AND REVENUE REQUIREMENTS
CLEARWATER GAS SYSTEM
COST OF SERVICE AND RATE STUDY
Transfers to the City
CGS' payment to the City has ranged from $1.4 million to $2.0 million during the historical period
(Line 40). Based on our discussion with CGS management, we have forecast CGS' annual payment
to the City to equal the greater of one-half of the previous year's net income, or a minimum of $1.7
million during the forecast period. If the transfer should exceed this amount, a base rate increase may
be necessary to provide adequate cash flow for CGS. Such an increase could negatively impact CGS
competitiveness.
Depreciation
Depreciation is also classified as an operating expense and hence a revenue requirement. This
concept follows generally accepted accounting practices. Since depreciation represents a non-cash
item, it does not create a cash requirement. Depreciation is the method by which the cost of capital
investment is charged to operations over the life of the property. We forecast the annual depreciation
expense (Line 29) for CGS to increase from $1.8 million in 2009 to $2.2 million in 2014. The
increase in depreciation expense is based on the assumption that CGS will invest in its system the
capital amounts shown on Line 48 of Table 2-2.
Debt Service
Debt service includes interest and principal payments on revenue bonds issued by CGS. CGS
currently has three outstanding bond series. The first is related to the issuance of bonds in 2004 to be
paid off in fiscal year 2026. The second is related to the issuance of bonds in 2005 to be paid off in
fiscal year 2027. The third is related to the issuance of bonds in 2007 to be paid off in fiscal year
2017.
The principal payments associated with these debts issues are shown on Lines 44 through 46 on
Table 2-2. Principal payments are projected to be approximately $820,000 annually during the
forecast period. The interest payments and amortization of debt issuance costs are shown on Line 34
and 35.
Plant Extensions and Replacements
Plant extensions and replacements include normal annual additions and replacements and the portion
of major capital improvements financed from current revenues. Normal additions consist primarily
of additions to distribution and general plant facilities. Plant extensions and replacements for CGS
for the 2010 through 2014 period are shown on Line 48 of Table 2-2.
Using the capital improvement plan provided by CGS, we project capital expenditures to be fairly
steady at approximately $2.4 million, with the exception of 2010. This annual amount will be
financed through revenues during the 2010-2014 period. We summarize projected capital
improvements for CGS in the table below. The steady state nature of the capital expenditures during
the forecast period reflects the muted expectations regarding the economic recovery. As discussed
Black & Veatch 2-16 Item # 9
Attachment number 1
Page 20 of 67
SECTION REVENUES
AND REVENUE REQUIREMENTS
CLEARWATER GAS SYSTEM
COST OF SERVICE AND RATE STUDY
more fully below, CGS is generating sufficient cash flow to fund these levels of capital
improvements from internal sources without issuing debt.
Illllllllllllllllll?'?1°?"? lllllllllllllllll?'
Gas Meter Change Pinellas 100
000 -
- Out ,
Line Relocating Pinellas - 100
000 200
000
Capitalized , ,
Pinellas New Mains & 3
000
000 1
500
000
Service Lines ,
, ,
,
Pasco New Mains & Service 1
500
000 250
000
Lines ,
, ,
Pasco Gas Meter Change - 210
000 50
000
Out , ,
Line Relocation Pasco -
Capitalized
Building Renovation - 100
000 -
Capitalized ,
Future IMS software and
hardware
Gas Mains Program funded - -
by Dividend
Expanded Energy - 200
000
Conservation ,
NGV - 200,000
Total New Capital 5,010,000 2,400,000
100,000 50,000 50,000
1,500,000 1,500,000 1,500,000
250,000 250,000 250,000
50,000 50,000 50,000
- 100,000 100,000
100,000
500,000
9,000,000
2,500,000
410,000
200,000
100,000
200,000 200,000 200,000 800,000
200,000 200,000 200,000 800,000
2,300,000 2,350,000 2,350,000 14,410,000
CGS does not plan to issue any debt to support the capital improvements shown above during the
20010-2014 forecast period.
Net Cash Flow
As shown on Line 55 of Table 2-2, we project CGS' cumulative cash flow will remain positive
through the forecast period. This is in part due to the conservative estimates of capital expenditures
anticipated with the muted economic recovery. Based on this analysis, CGS' existing rates are
adequate to meet its capital expenditures over the forecast period.
Proposed Rate Adjustment
Based on our projections, we do not recommend an overall increase in base rates during the forecast
period. Our projections are contingent upon CGS maintaining load levels (customers and
throughput) at the levels projected and that costs (including payments to the City) do not increase
Black & Veatch 2-17 Item # 9
Attachment number 1
Page 21 of 67
SECTION REVENUES REQUIREMENTS
AND REVENUE CLEARWATER GAS SYSTEM
COST OF SERVICE AND RATE STUDY
significantly above the levels projected. Also in the last section of this report, we present a few
minor tariff modifications that CGS might consider implementing.
Black & Veatch 2-18 Item # 9
Attachment number 1
Page 22 of 67
SECTION SERVICE
CLEARWATER GAS SYSTEM
COST OF SERVICE AND RATE STUDY
SECTION 3.0 COST OF SERVICE
Service
Cost of Allocation of cost of service to customer classes provides a measure of the responsibility of each
customer class for the total cost of utility service provided by CGS. Comparison of these costs with
rate revenues under existing rates provides a guide for the development of fair and equitable rates.
The allocation of cost of service is based upon conditions estimated for a test year that reflects
typical operations of the natural gas system. The cost of service to be recovered from natural gas
sales is set to equal to 2010 test year sales operating revenues (under existing rate levels, excluding
fuel and ECA related dividend collections) of $34,113,8035.
In order to allocate costs of service to customer classifications, test year revenue requirements are
separated between operating expense, depreciation expense, transfers, and funds available for capital
improvements and/or reserve requirements. The costs related to these elements for the test year are
as follows:
2010 Test Year Cost of Service
1perating Expense 29,236,05
epreciation Expense 1,947,65
ra nsfers(') 11,700,01]
ap Imp/Reserve Requirements 1,230,01
Total Cost of Service 34,113,8C
Normalized to reflect the expected ongoing operating income transfers to the City of
Clearwater
Operating expenses include operation and maintenance, purchased gas, administrative and general,
and bad debt.
Depreciation expense is the allocation of an asset's cost over the useful life of the asset.
Transfers are the amount of operating income that is transferred to the City of Clearwater.
The balance of annual revenues after operating expenses, transfers, and depreciation expense
allowances are funds available for capital improvements and/or reserve requirements. This balance
plus depreciation is the total amount of cash flow available.
5 Table 2-2, FY 09/10, Line 20 minus Line 6 minus Line 12.
Black & Veatch 3-1 Item # 9
Attachment number 1
Page 23 of 67
SECTION SERVICE
CLEARWATER GAS SYSTEM
COST OF SERVICE AND RATE STUDY
Customer Classifications
For purposes of class cost of service, current customer classifications are used. The table below
summarizes number of customers, throughput, and revenues under present rates for the test year.
Customers, Energy Sales, and Revenues
Clearwater Gas System
2010 Test Year
I `
?
u?uv0huwVJfuUuJVuuatiuouSuoVAwuVuh?EVVVVVVVVVV?????????? ????????????????VV???fi???ti?9o?uIN??V?JII?oa6i`Ii??
uBJVVVVVII??WVVd?I???VVV6?6t?9d?V?BU???dV?"J??Py?tl?J?,?dvJ?JI,?JIIIIVVVVWVVVVIV? ?uO?u?ulnlVUV?VVVVVV?VVVV??
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therms $
Residential
Single-Family 1-3 U 15,260 3,108,361 6,074,650
Single-Res M-Family 56 79,555 124,995
Medium Res M-Family 4 150,096 206,051
Large Res M-Family 2 114,185 157,571
Subtotal 15,322 3,452,197 6,563,267
Commercial
Small Commercial (1) 1,716 6,177,328 8,793,139
Medium Commercial (2) 117 2,507,999 3,266,399
Large Commercial (3) 4 387,696 477,550
Subtotal 1,837 9,073,023 12,537,088
Total (4) 17,159 12,525,220 19,100,355
(') Small Commercial includes rates NSFC and NSGS
(2) Medium Commercial includes r ates NMFC and NMGS
(3) Large Commercial includes rates NLFC and NLGS
(4) Total excludes vehicle, standby, street lighting, air conditio ning, contracts and in terruptible service
because revenues from these rates are credited to cost of service.
Basis for Allocation
Costs are allocated to customer classes in proportion to the class responsibility for the functional use
of the natural gas system. Functional factors used in this study include demand requirements, volume
of gas (throughput), and number of customers.
A portion of natural gas distribution mains and distribution regulators are examples of capacity
related facilities. The investment in these facilities and the expenses associated with their operations
are mainly determined by customer peak demands. Costs related to throughput are those that tend to
vary with the quantity of natural gas delivered. The commodity cost of purchased gas is a typical
Black & Veatch 3-2 Item # 9
Attachment number 1
Page 24 of 67
SECTION SERVICE
CLEARWATER GAS SYSTEM
COST OF SERVICE AND RATE STUDY
example of a throughput related cost that applies to non-transportation customers. Customer related
costs are expenses associated with items such as service lines, meters, house regulators, customer
billing, and accounting and tend to vary with the number of customers served.
Cost Functions
The functional classification of cost of service is based upon an analysis of the use of major plant
elements. The major plant elements for a natural gas utility include mains, services, meters and
regulators, and general plant. We classify the major plant elements to functions and then use this
allocation as our basis to allocate operating and maintenance and administrative and general
expenses to functions.
Table 3-1 shows the functional classification of rate base and expenses. We classify costs into six
major functions: distribution - capacity, distribution - commodity, distribution - customer, meters
and regulators, services, and customer accounting.
With regard to CGS' investment in mains, we classify 40 percent of the fixed costs as capacity or
demand related, 10 percent as commodity or throughput related, and 50 percent as customer related.
These percentages are based on our experience with detailed studies we have done for other natural
gas distribution utilities.
We classify costs associated with the services as services related costs. We classify costs associated
with meters and regulators as meters and regulators related costs. We assign 60 and 40 percent,
respectively, of O&M expenses (excluding customer accounting and administrative and general) to
mains & services and meters as shown on Lines 11 and 12 of Table 3-1. This assignment is based on
our experience with the relative relationship of these expenses for other natural gas utilities. We
classify customer accounting expenses as customer accounts related costs.
Table 3-2 shows the allocation of test year operating expense, depreciation expense, transfers, and
funds available for capital improvements and/or reserve requirements to functional classifications.
Page 1 of Table 3-2 summarizes the allocators developed in Table 3-1. On Page 2, we then apply the
functional allocators to the costs of service. We also show other revenues as a credit to cost of
service. The total cost of service on Line 13 excludes the cost of gas associated with revenues that
are credited to cost of service as well as RIA/ECA revenues which are not included in the revenues
that are compared to cost of service because these revenues are collected through a separate tariff
rate. Revenues credited to cost of service include $3.5 million of service charges to customers and
$2.4 million in net revenues to classes credited to cost of service. The net revenues from classes
credited to cost of service primarily include net revenues from propane sales, contract natural gas
sales and interruptible sales. The prices for service to these customers are generally based on market
conditions rather than allocated cost of service.
Black & Veatch 3-3 Item # 9
Attachment number 1
Page 25 of 67
SECTION SERVICE
CLEARWATER GAS SYSTEM
COST OF SERVICE AND RATE STUDY
Allocation Factors and Allocation of Cost of Service
Table 3-3 shows the development of the allocation factors used to allocate commodity, capacity,
services, meters and regulators, and customer accounting related costs to customer classes. The class
responsibility for commodity (variable) costs is proportional to the amount of gas throughput and is
distributed to customer classes on that basis (Lines 1-3). Capacity related costs (Lines 4-7) are
allocated to customer classes on the basis of estimated maximum demand. Test year maximum
demands are derived from estimated load factors for each customer class using the results of
statistics developed in the determination of weather normalized throughput.
The allocation of distribution customer related costs are shown on Lines 8-12 of Table 3-3.
Distribution customer related costs are not the same as the customer related function. Within the
distribution primary account are the services, meters, and regulators used to serve individual
customers. Costs associated with these items are considered customer related. There is also a
customer component of distribution mains, which recognizes the implication of the distance between
individual customers (customer density) on the cost of distribution mains. The weighting factors that
we show on Line 10 recognize the relative difference in cost to serve the various customer classes
compared to the residential classes. We apply weighting factors that are typical of our experience
with detailed studies we have completed for other gas distribution utilities.
Services and meter costs are related to the maintenance and capital charges associated with services
and meters. The cost of service responsibility for customer costs is allocated to the customer
classifications on the basis of annual bills for the test year. For equitable cost allocation, the number
of bills are weighted to recognize cost differences due primarily to load size and type of service
rendered. We show the development of weighting factors for services and meters/regulators on Line
15 and Line 20, respectively.
Customer accounting costs are related to collection and accounting of bills rendered to CGS
customers. We show the development of weighting factors for customer accounting on Line 25.
Revenues under existing rates (Line 30) are used as the basis to allocate 50 percent of transfers. The
remaining 50 percent is allocated to classes based on plant in service.
Allocation of cost of service to customer classes and the resultant rate of return by customer class are
shown in Table 3-4. This allocation is made by distributing costs assigned to cost functions in Table
3-2, Page 2 to customer classes using the class allocation factors developed in Table 3-3.
Black & Veatch 3-4 Item # 9
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Attachment number 1
Page 30 of 67
SECTION SERVICE
CLEARWATER GAS SYSTEM
COST OF SERVICE AND RATE STUDY
Summaly of Costs of Service and Comparison with Revenues
Table 3-4 contains a comparison of allocated cost of service with test year revenues under existing
rates to determine the return on allocated net plant investment for each of the customer classes. The
rate of return shown in this table is shown strictly to provide a means to measure the relative
contribution of each class to cost of service. The absolute percentage is not critical for a non-profit
municipal system. What is useful is the relative percentages by class. Under existing rates, with the
exception of the single family residential rate class, all of the rates of return are positive and the rate
of return for each class is above the overall rate of return.
Black & Veatch 3-9 Item # 9
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Attachment number 1
Page 32 of 67
SECTION ADJUSTMENTS
CLEARWATER GAS SYSTEM
COST OF SERVICE AND RATE STUDY
SECTION 4.0 RECOMMENDED RATE ADJUSTMENTS
Recommended Rate Adjustments
Based on the results shown in Table 2-1, CGS' existing rates are adequate to meet its operating
needs over the forecast period as during that time cumulative cash flow remains positive. Therefore,
we recommend only minor changes to existing rates as follows:
1. Recompute the commercial use per customer factor contained in the Usage and Inflation
Adjustment (UTA) mechanism to include all commercial customers, in order to reflect the
migration of former contract customers to standard commercial tariffs.
2. Regularly monitor the rates charged by competitors for propane. Our projections are based on
service to propane customers essentially breaking even. Charges for propane service should be
increased to the extent possible when competitive factors are considered and to encourage the
load levels that CGS desires.
3. Regularly monitor service charge rates and consider adopting a new pricing structure that
establishes a per trip charge plus quarter hourly rates for time on-site.
Table 4-1 presents a comparison of CGS' rates to a group a benchmark regional utilities and Table
4-2 presents CGS' existing rates schedules.
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Page 34 of 67
Table 4-2
Clearwater Gas System
Existing Natural Gas Rates
Existing
Distribution Customer Pasco
Charge Charge Surcharge
$/Therm $/bill/month $/bill/month
GAS
RESIDENTIAL SERVICE
SINGLE-FAMILY 1-3 U (NRS) 0.48 10.00 8.00
SMALL RES M-FAM (NSFD) 0.48 25.00 15.00
MEDIUM RES M-FAM (NMFD) 0.48 40.00 30.00
LARGE RES.M-FAM (NLFD) 0.48 95.00 65.00
COMMERCIAL & INDUSTRIAL SERVICE - MULTI-FAMILY
SMALL COM. M-FAM (NSFC) 0.46 25.00 15.00
MEDIUM COM.M-FAM (NMFC) 0.40 40.00 30.00
LARGE COM.M-FAM (NLFC) 0.34 95.00 65.00
GENERAL COMMERCIAL & INDUSTRIAL SERVICE
SMALL COMMERCIAL (NSGS) 0.46 25.00 15.00
MEDIUM COMMERCIAL (NMGS) 0.40 40.00 30.00
LARGE COMMERCIAL (NLGS) 0.34 95.00 65.00
OTHER COMMERCIAL & INDUSTRIAL SERVICES
VEHICLE (NGV) Contract Rate
STANDBY (NSS) 0.46 50.00 25.00
LIGHTS (SL. no maint) 0.20 20.00 10.00
LIGHTS (SL. WITH maint) 0.35 20.00 10.00
AIR-CONDITIONING SERVICE
RESIDENTIAL (NRAC) 0.20 10.00 8.00
SMALL (NGAC) 0.15 25.00 15.00
LARGE (NLAC) 0.10 40.00 30.00
CONTRACTS (Typical Basis)
SMALL CONTRACTS 0.41 25.00 15.00
MEDIUM CONTRACTS 0.41 40.00 30.00
LARGE CONTRACTS 0.41 95.00 65.00
INTERRUPTIBLE SERVICE (Typical Basis)
STANDARD (IS) 0.28 250.00 150.00
Black & Veatch 4-3 Item # 9
Attachment number 1
Page 35 of 67
DISCLAIMER
CLEARWATER GAS SYSTEM
COST OF SERVICE AND RATE STUDY
This report is intended solely for review by City of Clearwater/Clearwater Gas System (hereinafter
"Client"). Black & Veatch Corporation ("Black & Veatch") does not intend that any third party have
access to, rely on, or utilize, any of the information enclosed herein. Reliance on the information
herein by any such third party would be unreasonable and is strictly prohibited. Black & Veatch
owes no duty of care to any third party and none is created by this report.
This report was prepared for Client by Black & Veatch and is based on information not within the
control of Black & Veatch. Black & Veatch has assumed that the information both verbal and
written, provided by others is complete and correct; however, Black & Veatch does not guarantee
the accuracy of the information, data, or opinions contained herein.
Use of this report, or any information contained therein, by a third party shall constitute a waiver and
release of Black & Veatch from and against all claims and liability, including, but not limited to,
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Black & Veatch shall have no liability to a third party for any losses or damages arising from or in
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Black & Veatch Item # 9
Attachment number 1
Page 36 of 67
di:,,
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Recommended ¦
Ordinance No. 8153-1kem # 9
Attachment number 1
Page 37 of 67
ORDINANCE NO. 8153-10
AN ORDINANCE OF THE CITY OF
CLEARWATER, FLORIDA, RELATING TO
UTILITIES; AMENDING THE CODE OF
ORDINANCES, APPENDIX A, SCHEDULE OF
FEES, RATES AND CHARGES, SECTION XXVI,
CLEARWATER GAS SYSTEM FEES, RATES
AND CHARGES, TO REVISE RATES FOR
CLEARWATER GAS SYSTEM CUSTOMERS;
AMENDING THE CODE OF ORDINANCES,
SECTION 32, ARTICLE VIII. GAS; PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the current gas rates and service charges of the
Clearwater Gas System have been effective since January 1, 2009; and
WHEREAS, it is determined to be fair and reasonable to adopt the
recommendations of the Clearwater Gas System to establish gas rates and
service charges based on the cost to serve the various classes of customers;
now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. That Appendix A - Schedule of Fees, Rates and Charges
of the Code of Ordinances of the City of Clearwater is hereby amended as
follows:
XXVI. CLEARWATER GAS SYSTEM FEES, RATES AND CHARGES:
Rate schedules, fees and charges (§ 32.068):
(1) Natural gas service rates. The following monthly rates shall apply to all
customers who are provided the availability of natural gas service by the
Clearwater Gas System (CGS), based on their applicable class of service:
1 Ordinance No. 8153-1kem # 9
Attachment number 1
Page 38 of 67
(a) Residential natural gas service (rate RS): Firm natural gas service
for domestic uses in all residences of three units or fewer.
Monthly customer charge .... $10.00
Non-fuel energy charge, per therm .... $0.48
Minimum monthly bill .... $10.00
(b) Small multi-family residential service (rate SMF): Firm natural gas
service for all domestic applications within the living units of
multi-family buildings of four units or more and the total annual
consumption at the premise is 0--17,999 therms.
Monthly customer charge .... $25.00
Non-fuel energy charge, per therm .... $0.48
Minimum monthly bill .... $25.00
(c) Medium multi-family residential service (rate MMF): Firm natural gas
service for all domestic applications within the living units of
multi-family buildings of four units or more and the total annual
consumption at the premise is 18,000--99,999 therms.
Monthly customer charge .... $40.00
Non-fuel energy charge, per therm .... $0.48
Minimum monthly bill .... $40.00
(d) Large multi-family residential service (rate LMF): Firm natural gas
service for all domestic applications within the living units of
multi-family buildings of four or more and the total annual
consumption at the premise is 100,000 or more.
Monthly customer charge .... $95.00
Non-fuel energy charge, per therm .... $0.48
Minimum monthly bill .... $95.00
(e) Small natural gas general service (rate SGS): Firm natural gas
service for all commercial, industrial, and other applications
where no other rate is applicable and the customer's annual
consumption at the premise is 0--17,999 therms.
2 Ordinance No. 8153-1kem # 9
Attachment number 1
Page 39 of 67
Monthly customer charge .... $25.00
Non-fuel energy charge, per therm .... $0.46
Minimum monthly bill .... $25.00
(f) Medium natural gas general service (rate MGS): Firm natural gas
service for all commercial, industrial, and other applications
where no other rate is applicable and the customer's annual
consumption at the premise is 18,000--99,999 therms.
Monthly customer charge .... $40.00
Non-fuel energy charge, per therm .... $0.40
Minimum monthly bill .... $40.00
(g) Large natural gas general service (rate LGS): Firm natural gas
service for all commercial, industrial, and other applications
where no other rate is applicable and the customer's annual
consumption at the premise is 100,000 therms or more.
Monthly customer charge .... $95.00
Non-fuel energy charge, per therm .... $0.34
Minimum monthly bill .... $95.00
(h) Interruptible natural gas service (rate IS): Interruptible natural gas
service available under a standard agreement for typically
industrial applications where the customer's annual
consumption at the premise is 100,000 therms or more; the
customer agrees contractually to purchase a minimum of 250
therms/day (excluding curtailment days); and where the
customer has either installed alternative fuel capability and/or
contractually agrees to curtail service at the request of the
Clearwater Gas System, subject to penalties for failure to
comply.
Monthly customer charge .... $250.00
Non-fuel energy charge, per therm .... $0.280
Minimum monthly bill .... $250.00
Plus the non-fuel therm rate for the minimum number of
contract therms per day
3 Ordinance No. 8153-1kem # 9
Attachment number 1
Page 40 of 67
Note: All customers being served under Contract Rates as of
December 31, 2008, will be allowed to remain on their existing
contracts until their next expiration date, at which time that contract
will automatically be discontinued and the customer will be moved to
the applicable standard rate unless a new contract is executed.
(i) Contract natural gas service (rate CNS): Contract natural gas
service for special applications and conditions approved by the City
Manager or designee. This rate is typically applicable where
competitive fuel sources are confirmed to be available to the
customer and special rates with special conditions are required to
obtain/retain the customer. This rate may be used to construct a
special standby rate where the customer requires capability to
serve, but normally uses an alternative energy source. Such service
must fall within the normal construction feasibility formula to insure a
profitable payback to the City.
Monthly customer charge.... The same as the normally applicable
service class
Non-fuel energy charge.... Per therm as established by contract
Minimum monthly bill.... Monthly customer charge plus the non-
fuel therm rate for a contract level of
monthly consumption
Note: All customers being served under Contract Rates as of
December 31, 2008, will be allowed to remain on their existing
contracts until their next expiration date, at which time that contract
will automatically be discontinued and the customer will be moved to
the applicable standard rate unless a new contract is executed.
Q) Residential natural gas air conditioning service (rate RAC): Firm
natural gas service for domestic gas air conditioning in all
residences of three (3) units or fewer where the gas air conditioning
load is separately metered. Note: This rate is closed for new
customer applications and is only applicable for residential
customers on RAC service as of December 31, 2008. New
residential air conditioning applications on or after January 1, 2009,
will be handled as added services on the standard RS rate
application.
4 Ordinance No. 8153-1kem # 9
Attachment number 1
Page 41 of 67
Monthly customer charge.... $ 10.00 only if this is not already being
billed on another metered account at the
premise on a firm rate schedule
Non-fuel energy charge, per therm.... $0.20
Minimum monthly bill.... $ 10.00 at the premise on a firm rate
schedule
(k) General natural gas air conditioning service (rate GAC): Firm natural
gas air conditioning service for all commercial, industrial, and other
non-residential applications where the installed gas air conditioning
capacity is 0--149 tons and the gas air conditioning load is separately
metered.
Monthly customer charge.... $ 25.00 only if this is not already being
billed on another metered account at the
premise on a firm rate schedule
Non-fuel energy charge, per therm.... $ 0.15
Minimum monthly bill.... $ 25.00 at the premise on a firm rate
schedule
(1) Large natural gas air conditioning service (rate LAC): Firm natural
gas air conditioning service for all commercial, industrial, and other
non-residential applications where the installed gas air conditioning
capacity is 150 tons or more and the gas air conditioning load is
separately metered.
Ordinance No. 8153-1kem # 9
Attachment number 1
Page 42 of 67
Monthly customer charge.... $ 40.00 only if this is not already being
billed on another metered account at the
premise on a firm rate schedule
Non-fuel energy charge, per therm.... $ 0.10
Minimum monthly bill.... $ 40.00 at the premise on a firm rate
schedule
(m) Natural gas street lighting service (rate SL): Natural gas service for
lighting of public areas and ways. Service may be either metered or
estimated at the sole discretion of the gas system. The customer
may elect to either:
• subscribe for normal street lighting maintenance and relighting
labor service, or
• call Clearwater Gas System for repair service and pay normal
hourly labor charges (see other miscellaneous gas charges), or
• maintain their own lights.
Repair equipment and/or parts supplied by Clearwater Gas System
will be billed as required. When the gas system provides poles,
fixtures, piping, and/or installation labor beyond the service
connection point, facilities contract charges may be assessed
including any right-of-way permitting and utilization charges.
Monthly customer charge .... $20.00
Non-fuel energy charge, per therm .... $0.20
Normal maintenance and relighting labor service charge, per therm .
... $0.15 additional
Plus any required equipment/parts
Minimum monthly bill .... $20.00
Plus any applicable facilities contract charges
(n) Contract natural gas transportation service (rate CTS): Service for
transportation of someone else's natural gas through the Clearwater
Gas System for supply to another gas system or an individual
6 Ordinance No. 8153-1kem # 9
Attachment number 1
Page 43 of 67
customer. This is a contract natural gas service and must be
approved by the City Manager or designee. Provision of this service
must fall within the normal construction feasibility formula to insure a
profitable payback to the City.
Monthly customer charge.... As established by contract (typically the
same as the normally applicable service
class)
Non-fuel energy charge.... Per therm as established by contract
(typically the same as the normally
applicable service rate plus charges for
balancing services and any additional
services desired by the customer)
Minimum monthly bill.... Monthly customer charge plus the non-
fuel therm rate for a contracted level of
minimum monthly flow as well as any
facilities contract charges for special
facilities and metering required to provide
this transportation service
(o) Natural gas vehicle service (rate NGV): Natural gas service for fleet
vehicle fueling and for Compressed Natural Gas (CNG) Fueling
Stations operated by Clearwater Gas System. This is a contract rate
approved by the City Manager. Provision of this service must fall
within the normal construction feasibility formula to insure a profitable
payback to the City. NGV fleet services will be separately metered
and must service exclusively fleet fueling facilities. CNG Fueling
Station rates will be metered through dispensing apparatus and
billed at rates similarly approved by the City Manager, except that
contracts may be established for certain customer fleets based on
volumes.
Note: This rate is not applicable for residential or small general
service rate applications (fewer than 18,000 therms of annual use for
the customer's fleet vehicles). Such non-fleet applications will be
billed under the customer's normal rate applicable to the premise,
but a separate meter may be requested by the customer to allow
Ordinance No. 8153-1 Ottem # 9
Attachment number 1
Page 44 of 67
measurement for federal or state excise tax credit purposes. Where
an additional meter is requested, CGS may charge for its initial
installation and any future additional maintenance required but will
not add an additional monthly customer charge to the premise.
Note: The total energy charges for this service including all
adjustments, facilities charges, taxes, etc. may be expressed
as a rate "per gallon equivalent of gasoline or diesel."
(p) Natural gas emergency generator or other standby service (rate
NSS): Natural gas service to a metered account, separately
established for back-up service, where no substantial gas service is
used for year round purposes. Note: This rate is not applicable for
Residential single-family applications. Such residential emergency
generator applications are handled under the RS rate application.
Monthly customer charge .... $50.00
Non-fuel energy charge, per therm .... $0.46
Minimum monthly bill .... $50.00
Plus any facilities contract charges for the facilities and
metering required to serve this account
(2) Propane (LP) gas service rates.
The following rates shall apply to all customers who are provided the
availability of propane (LP) gas service by the Clearwater Gas
System, based on their applicable class of service. Clearwater Gas
requires all residential customer accounts have year round, whole
house water heating as a minimum criteria for qualifying for service.
(a) Residential Bulk Propane Gas Service (Rate BRLP): Bulk delivered
LP service for "year round" domestic uses (such as water heating,
cooking, heating, clothes drying, and lighting) in all residences of
three (3) units or fewer.
Ordinance No. 8153-1Otem # 9
Attachment number 1
Page 45 of 67
Usage Class Annual
Units/Gallons Non-fuel
Energy Charge
per Gallon Non-refundable Annual
Customer Charge
1 0-60 $1.80 $210.00
2 60.1--120 $1.60 $180.00
3 120.1--300 $1.00 $90.00
4 >300 $0.90 $75.00
(b) Residential "Will Call" Propane Gas Service (Rate WRLP: Bulk
delivered LP Service for all customers with exclusively "leisure living"
domestic uses (such as pool/spa heating, fireplaces, and grills) plus
customers with "year round" appliances who request "will call" status
in all residences of three (3) units or fewer.
A "Will Call" customer is responsible for monitoring tank fuel level,
assessing when they will need a fill, and requesting propane
delivery.
No trip charge for delivery if customer can wait for a normally
scheduled four (4)-business day delivery. Trip charges for early
delivery are located in (3)(h). Note that the four (4) business days
start on the next business day after the customer's request, i.e. if the
customer calls with a "Will Call" fill request on Monday, then we will
fill no later than the following Friday.
Usage Class Annual Non-fuel Energy Non-refundable
Units/Gallons Charge per Gallon Annual
Customer
Charge
1 0-120 $1.60 $150.00
2 >120 $0.90 $75.00
Ordinance No. 8153-1Otem # 9
Attachment number 1
Page 46 of 67
(c) Residential Loop System Propane Gas Service (Rate LRLP):
Metered delivery LP service for all domestic uses within a loop
delivery system (Propane Distribution system serving multiple
customers.)
Monthly Customer Charge .... $10.00
Non-Fuel Energy Charge
Per gallon ......... $0.90
Minimum Monthly Bill ......$10.00
(d) Commercial Propane Gas Service (Rate BCLP): Bulk delivered LP
service for commercial, industrial, and other applications where no
other rate is applicable.
Usage Class Annual Non-fuel Non-
Units/Gallons Energy Charge refundable
per Gallon Annual
Customer
Charge
1 0--2500 $0.25 $90.00
2 >2500 $0.20 $90.00
(e) Residential Metered Propane Gas Service (Rate MRLP): Metered
delivered LP service for all domestic uses in all residences of three
(3) or fewer.
Monthly customer charge .... $10.00
Non-fuel energy charge:
Per gallon .... $1.90
Minimum monthly bill .... $10.00
(f) Multi-family Metered Propane Gas Service (Rate MMLP): Metered
delivered LP service for all domestic applications within the living
units of multi-family buildings of four (4) units or more.
10 Ordinance No. 8153-1 Otem # 9
Attachment number 1
Page 47 of 67
Monthly customer charge .... $25.00
Non-fuel energy charge:
Per gallon .... $1.90
Minimum monthly bill .... $25.00
(g) General Metered Propane Gas Service (Rate MGLP): Metered
delivered LP service for all commercial, industrial, and other
applications where no other rate is applicable and the annual
consumption at the premise is 0--2,500 gallons.
Monthly customer charge .... $25.00
Non-fuel energy charge:
Per gallon .... $0.30
Minimum monthly bill .... $25.00
(h) Large Metered Propane Gas Service (Rate MLLP): Metered
delivered LP service for all commercial, industrial, and other
applications where no other rate is applicable and the annual
consumption at the premise is more than 2,500 gallons.
Monthly customer charge .... $40.00
Non-fuel energy charge:
Per gallon .... $0.25
Minimum monthly bill .... $40.00
(i) Contract Propane Gas Service (Rate CLP): Contract metered or bulk
delivered LP gas service for special applications and conditions
approved by the city manager or designee. This rate is typically
applicable where competitive fuel sources are confirmed to be
available to the customer and a special rate with special conditions is
required to obtain/retain the customer. Such service must fall within
the normal construction feasibility formula to insure a profitable
payback to the city.
11 Ordinance No. 8153-1 Otem # 9
Attachment number 1
Page 48 of 67
Monthly customer charge. The same as the normally applicable
service class
Non-fuel margin rate. Per gallon as established by contract
Minimum monthly bill. Monthly customer charge plus the non-fuel
usage rate for contracted level of monthly consumption.
Note: All customers being served under Contract Rates as of
December 31, 2008, will be allowed to remain on their existing
contracts until their next expiration date, at which time that contract
will automatically be discontinued and the customer will be moved to
the applicable standard rate unless a new contract is executed.
Q) Propane (LP) Gas Vehicle Service (Rate LPV): Propane gas service
for fleet vehicle fueling. This is a contract rate approved by the City
Manager or designee. Provision of this service must fall within the
normal construction feasibility formula to insure a profitable payback
to the city. Note: This rate is not applicable for residential or small
general service rate applications (fewer than 20,000 gallons of
annual use for the customer's fleet vehicles). LPV services will be
on a separate account servicing exclusively fleet fueling facilities.
Monthly customer charge. $40.00 for general service applications
only if a customer charge is not already being billed on another
metered account at the premise on a firm rate schedule.
Non-fuel energy charge. Per gallon as established by contract, which
includes any applicable customer-specific or public, fill station
facilities charges required to provide this service.
Minimum monthly bill. Monthly customer charge plus any applicable
monthly facilities contract charges for special facilities, metering or
fleet conversion costs required to provide this service.
Note: The total energy charges for this service including all
adjustments, facilities charges, taxes, etc., may be expressed as a
rate "per gallon equivalent of gasoline."
(k) Propane Metered Gas Emergency Generator or Other Standby
Service (Rate LPSM): LP gas service to an account separately
established for back-up service, where no other substantial gas
service is used for year round purposes. Note: This rate is closed for
new residential customer applications and is only applicable for
residential customers on LPSM service as of December 31, 2008.
12 Ordinance No. 8153-1kem # 9
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Monthly customer charge .... $50.00
Non-fuel energy charge:
Per gallon .... $1.00
Minimum monthly bill .... $50.00
Initial metered usage charge. A one-time charge for the number of
gallons required to initially fill the LP tank (size as requested by the
customer).
(1) Propane Bulk-Delivered Gas Emergency Generator or Other
Standby Service (Rate LPSB): LP gas service to an account
separately established for back-up service, where no other
substantial gas service is used for year round purposes. Note: This
rate is closed for new residential customer applications and is only
applicable for residential customers on LPSB service as of
December 31, 2008.
Annual customer charge .... $420.00
Non-fuel energy charge:
Per gallon .... $1.00
Initial delivery charge. A one-time charge for the number of gallons
required to initially fill the LP tank (size as requested by the
customer) plus the initial annual customer charge.
(m) Effect of Energy Conservation Measures on Usage Classes in (a)
and (b) above: Should the customer install a more energy efficient
appliance or appliances while a customer of CGS and this causes
their usage to drop, such that their Usage Class would change
thereby increasing the Annual Customer Charge and/or the Non-Fuel
Energy Rate, then the estimated effect of the more efficient
appliance on annual usage may be added to the actual annual usage
to determine the customer's applicable Usage Class. This is
intended to ensure that the customer is not adversely impacted for
such energy efficient installation.
(3) Other gas charges. The following charges and fees may also be applied to
customers of the Clearwater Gas System served under an applicable
natural gas or propane (LP) gas service rate:
13 Ordinance No. 8153-1kem # 9
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(a) Facilities contract charge (rider FCC): A rider applicable to any of the
above rates to cover installation of facilities beyond those
typically provided to other customers of the class or beyond
the costs incorporated into the applicable gas rate.
On-going FCC charges.... A monthly flat or per unit consumed
charge calculated to cover the on-going
estimated maintenance costs associated
with the special or additional facilities.
These charges will be contractual and
subject to annual revisions upward based
on the CPI index or based on a revised
cost calculation at the discretion of the
City Manager or designee.
Time-limited FCC charges.... A monthly flat or per unit consumed
charge calculated to cover the costs
associated with additional facilities as
requested by the customer, excess main
and service construction costs which do
not meet the construction feasibility
formula, or appliance/equipment sales
costs. Such charges may include other
applicable costs associated with
furnishing the requested facilities,
including financing costs. Where such
FCC charges result from the additional
costs incurred by Clearwater Gas System
at the request of the developer to achieve
feasibility, such FCC charges are binding
upon the future customers/occupants of
such applicable accounts for the period
necessary to meet the feasibility
calculation for the project.
Public fill station facilities charge.... A natural gas per therm or propane (LP)
per gallon charge calculated to recover
the common facilities costs to provide
such service. This will be calculated and
may be updated from time-to-time by the
gas system and approved by the City
Manager or designee.
14 Ordinance No. 8153-1kem # 9
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Page 51 of 67
(b) Purchased gas adjustment (rider PGA): A rider applicable to all
natural gas therm rates and propane (LP) gallon rates to
recover the cost of the Clearwater Gas System purchased gas
supply, including losses and use by gas system
facilities/equipment and other applicable expenses. The
currently calculated PGA rates for all rate schedules, unless
specifically broken out by contract, are:
Natural gas firm standard rate schedule PGA, per therm.. $0.87
Natural gas interruptible and contract (non-standard) rate schedule
PGA, per therm .... $0.79
Propane (LP) gas rate schedule PGA:
Per gallon .... $1.87
The above PGA rates are based on the weighted average cost of
gas (WACOG) as currently approved for October 2010. These PGA
rates will normally be adjusted annually in October and may be
adjusted upward or downward from time-to-time with the approval of
the City Manager or designee based on actual and projected supply
costs and projected consumption levels in order to recover the total
cost of the gas system's supply plus all costs attributable to the
acquisition of system supply gas and other applicable expenses. The
over or under recovery of these PGA costs will be computed monthly
and an adjustment in the PGA rate will be made at the discretion of
the City Manager or designee. The differential between the Natural
Gas firm standard rate schedules PGA and the Natural Gas
Interruptible and contract (non-standard) rate schedules PGA will be
established and approved by the City Manager or designee for each
annual period based on the available records for the most recent 12
months. This differential will typically be computed by dividing the
transmission pipeline "reservation charges" component of the
WACOG by the therms sold to all of the natural gas firm rate
schedules. The gas system may also segment specific gas
purchases for specific targeted customer(s) based on contract.
Additionally, a fixed monthly amount may be added to the customer
charge of applicable classes of natural gas service rates to recover
the estimated impact of the added costs associated with gas
purchased through a third-party transporter (including generally east
of the Suncoast Parkway in Pasco County). These added monthly
customer charges shall be credited to the overall PGA recovery
account and will be initially set at:
15 Ordinance No. 8153-1kem # 9
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Residential ............................................... $ 8.00 per month
Small General Service & Multi-Family ............ $ 15.00 per month
Medium General Service & Multi-Family ........ $ 30.00 per month
Large General Service & Multi-Family ............ $ 65.00 per month
Interruptible Service ................................... $150.00 per month
Contract Rates --- Apply the same as the normal class of customer
using the above schedules based on usage level
Similarly, a differential between LP Gas standard rates and contract
LP rates may be computed to exclude a portion of the other costs
attributed to LP PGA other than physical gas. This differential will be
calculated by the Gas System Managing Director annually based on
historical costs and will be approved by the City Manager or
designee. The gas system may also segment specific LP gas
purchases for specific targeted customer(s) based on contract.
These added monthly customer charges may be adjusted upward or
downward from time-to-time with the approval of the City Manager or
designee based on actual and projected added PGA costs.
(c) Energy conservation adjustment (rider ECA): A rider applicable to all
firm standard (non-contract) natural gas therm rates and non-
contract propane (LP) gallon rates to recover the cost of energy
conservation programs undertaken by the Clearwater Gas System
as approved by the Gas System Managing Director. The ECA will
not be applied to interruptible natural gas or other non-standard
contract rates, except for that portion of ECA, which is collected as a
part of the PGA, which may be up to one-half of the annual average
ECA billing rate. The currently calculated ECA rates are:
Natural Gas Rate Schedule ECA, per therm .... $0.10
Propane (LP) Gas Rate Schedule ECA:
Per gallon .... $0.10
The above ECA rates are as currently approved for October 2010.
These ECA rates will normally be reviewed annually in October and
may be adjusted upward or downward from time-to-time with the
approval of the City Manager or designee based on actual and
projected energy conservation program costs and projected
consumption levels in order to recover the total cost of applicable
gas system programs, including energy conservation incentive
payments as well as the applicable labor and other costs attributable
to such energy conservation programs and other applicable
expenses. The over or under recovery of these ECA costs will be
16 Ordinance No. 8153-1kem # 9
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computed and an adjustment in the ECA rate will be made at the
discretion of the City Manager or designee.
(d) Regulatory imposition adjustment (rider RIA): A rider applicable to all
firm standard (non-contract) natural gas therm rates and non-
contract propane (LP) gallon rates to recover the cost of
environmental, operator qualification, distribution integrity,
inspection, survey, and other regulatory imposed program
requirements imposed on the Clearwater Gas System by federal,
state or local regulatory agencies. The RIA will not be applied to
interruptible natural gas or other non-standard contract rates. The
currently calculated RIA rates are:
Natural Gas Rate Schedule RIA, per therm .... $0.00
Propane (LP) gas rate schedule RIA:
Per gallon .... $0.00
The above RIA rates are as currently approved for October 2010.
Note that this RIA rider incorporates the former Environmental
Imposition Adjustment (EIA), which covers the environmental
project costs as well as the labor and other costs attributable to
such environmental projects. This RIA also includes Other
Regulatory Adjustment (ORA) charges, such as operator
qualification, distribution integrity, required inspections, survey and
other regulatory imposed program requirements and regulatory fees
imposed on the Clearwater Gas System by federal, state or local
regulatory agencies. These RIA rates (EIA + ORA) will normally be
reviewed annually in October and may be adjusted upward or
downward from time to time to reflect the over or under recovery of
these RIA costs at the discretion of the City Manager or designee.
(e) Usage and Inflation adjustment (rider UTA): A rider applicable to all
standard non-contract natural gas therm rates and standard non-
contract propane (LP) gallon rates to recover loss of planned base
non-fuel revenues to the Clearwater Gas System due to changes in
use per customer from the test year values as set in the 2008 Gas
Rate Study (see below) as well as the change in inflation as
measured by the Consumer Price Index for U. S. City average of all
urban consumers (CPI-U). The currently calculated UTA rates are:
Natural gas rate schedule UTA, per therm .... $0.00 for Residential
and .... $0.00 for Commercial
17 Ordinance No. 8153-1kem # 9
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Propane (LP) gas rate schedule UTA, per gallon ....$0.00 for
Residential and ....................... $0.00 for
Commercial
The above UTA rates are as currently approved for October 2010.
The UTA rates may be implemented at the sole discretion of the City
Manager or designee based on variations from the most recent
established Gas Rate Study values:
CPI-U as prepared by the U. S. Department of Labor, Bureau of
Labor Statistics (basis September 2009)
Residential Use per customer based on annual therms/natural gas
single-family customer. Note that this factor may be
applied to all residential standard (non-contract) rate
classes for natural gas as well as propane.
Commercial Use per customer based on annual therms/natural gas
standard and contract general service customers
excluding Interruptible customers. Note that this factor
may be applied to all general service standard (non-
contract) rate classes for natural gas as well as
propane.
(f) Franchise and other city/county fees recovery clause (rate FFR): A
charge levied by the Clearwater Gas System on every purchase of
gas within a municipality or county area to recover the costs
assessed by governmental entities in accordance with the franchise
agreement in force between the City of Clearwater and that other
governmental entity and including any other otherwise unrecoverable
fees, special taxes, payments in lieu of taxes, or other impositions by
any governmental entity (including the City of Clearwater) on the
services of the Clearwater Gas System sold within such municipality
or county area. The fees collected within each governmental
jurisdiction shall be used exclusively to pay the franchise fees and
other governmental fees, taxes, and other impositions levied on
services within that governmental jurisdiction. Within the City of
Clearwater where a franchise agreement is not in force, the City of
Clearwater will levy a six percent payment in lieu of taxes on all
gross firm natural gas sales (excluding interruptible) and the
Clearwater Gas System will bill this in the same manner as if it were
a franchise fee.
(g) Tax clause (TAX - Various): All taxes due the appropriate
governmental entities (such as but not limited to State of Florida
gross receipts tax, State of Florida sales tax, county sales tax,
18 Ordinance No. 8153-1kem # 9
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Page 55 of 67
municipal utility tax, and others which may be legally levied from time
to time on the purchase of gas) will be billed to the customer
receiving such service and rendered to the governmental entity in
accordance with the applicable statute, ordinance, or other legally
enforceable rule.
(h) Other miscellaneous gas charges: The following charges are
applicable whenever applicable gas services are rendered the
customer:
Meter turn-on residential, scheduled next business day or beyond
(per account for new customers, seasonal reconnects, and after
nonpayment disconnect including turn-on of pilot lights) ... $50.00
Meter turn-on residential, same day as requested by customer by
12:00 Noon (per account for new customers, seasonal reconnects,
and after non-payment disconnect including turn-on of pilot lights) . .
.$75.00
Meter turn-on commercial/industrial scheduled next business day or
beyond (per account for new customers, seasonal reconnects, and
after nonpayment disconnect including turn-on of pilot lights) ...
$95.00 for up to 4 appliances.
Added appliances, per each, add ... $10.00
Meter turn-on commercial/industrial, same day as requested by
customer by 12:00 Noon and with the approval of the local fire
marshal as required (per account for new customers, seasonal
reconnects, and after nonpayments disconnect including turn-on of
pilot lights) ... $190.00 for up to 4 appliances.
Added appliances, per each, add ... $20.00
Meter read for residential account change (no meter turn-on required
but may include turn-on of gas pilot lights) .... $40.00
Meter read for commercial/industrial account change (no meter turn-
on required but may include turn on of gas pilot lights) ... $80.00
Replace broken stop or locks on meters .... Time and materials
Meter or LP Tank Connection or Re-connection to customer-owned
piping system ... Time and materials
Relocate gas meter .... Time and materials
19 Ordinance No. 8153-1kem # 9
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Install bumper posts or other necessary protection for meters, LP
tanks, or other gas equipment .... Time and materials
Turn-on or Turn-off Residential gas pilot lights only on next business
day or beyond as requested by the customer (per account) . .
..$50.00
Turn-on or Turn-off Residential gas pilot lights only on same day if
requested by the customer by 12:00 Noon ... $75.00
Turn-on or Turn-off Commercial gas pilot lights only on next business
day or beyond as requested by the customer (per account) . .
..$95.00
Turn-on or Turn-off Commercial gas pilot lights only on same day
service if requested by the customer by 12:00 Noon ...
$190.00
Standard "Time and Materials" for Service and Repair, Installation,
or other work performed by CGS personnel plus materials:
1 person crew ... Trip Charge of $50.00 plus time on-
site/quarter hour or portion thereof ... $25.00
2 person crew ... Trip Charge of $75.00 plus time on-
site/quarter hour or portion thereof ... $40.00
The above Rates are based on work within the CGS "normal"
Natural Gas Service Territory. Where customers
request work to be done outside of the normal CGS
Service Territory ... Added time will be assessed for
the travel to and from the Territory border to the
Customer's Site.
The time and trip charges associated with providing all quotes and
developing plans will be added to the cost of the billed job.
These "Time Charge Rates" as well as the other fixed
miscellaneous charge rates in this section may be reviewed and
adjusted from time-to-time with the approval of the City Manager or
designee. Additionally, the Gas System Managing Director may
approve "Contract Service Charge Rates" for customers who
regularly use CGS' Service & Repair and will contractually
subscribe for such use.
20 Ordinance No. 8153-1 Otem # 9
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Overtime surcharge for all work including installation, service and
repair, and maintenance as requested by the customer for after
operational hours (including same day requests received after 12:00
Noon), weekends, and holidays .... Double normal Trip and time
charges
Overtime surcharge for call-out turn-ons or lighting of pilots as
requested by the customer for after operational hours (including
same day requests received after 12:00 Noon), weekends, and
holidays.... Double same day charge
Special meter reading at customer request including billing inquiries
where reading is determined to be accurate (per account)... $45.00
Gas meter test at customer request- if results are within limits (per
meter) .... $150.00
Reset residential gas meter after same customer requests removal
(per meter) ... $150.00
Unauthorized meter bypass or hookup .... Time and materials plus
ten percent of the average monthly bill for each day since last
reading deemed to be accurate
Emergency response for non-Clearwater Gas System consumers or
other utilities .... Time and materials
Propane Fuel recovery and ownership of L.P. gas from tank ....
Time and materials. The LP fuel in the tank is non-refundable. If the
customer provides an approved for service, listed LP gas container,
then we will transfer as much LP gas as practical. Full abandonment
and/or removal of buried LP tank is at CGS' sole discretion. If the
underground tank is removed, then any required landscaping or site
restoration is the responsibility of the customer. If the tank is
abandoned on-site, CGS will make it safe by removing the gas and
filling it with water (water provided by the customer) and the tank
ownership then becomes the customer. Tanks will be considered
out of service and fuel abandoned by the customer if container is on
site more than 12 months without a contract for service or paying
entity for the annual customer charge. In such case, CGS will, at its
sole discretion, either remove or abandon the tank.
Other services not normally provided including work on customer
property beyond the meter outlet or the outlet of the second stage LP
regulator, such as for gas leak surveys, Cathodic protection
corrosion control, customer-owned gas line locating; any related
21 Ordinance No. 8153-1kem # 9
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repairs to the customer facilities or master-metered gas distribution
systems as required by regulation as well as any work required to
correct deficiencies or any work required to move facilities.... Time
and materials
Collector fee, See Appendix A - Public Works Utility Tariffs, Section
(4)(a)3
Dishonored check service fee, See Code of Ordinances, Section
2.528
Missed appointment (CGI) - Customer not present at time as
arranged or equipment not accessible. Applicable miscellaneous
gas charges (overtime surcharges may apply).
Residential "Will Call" and special request delivery Propane Gas
Service trip charges for early delivery:
$50.00 trip charge if the customer requests delivery for the
next business day or requests a scheduled delivery for fewer
than 4 business days,
$75.00 trip charge for same business day delivery for
requests received by 12:00 Noon, or
$150.00 trip charge for same day delivery service requests
after 12:00 Noon and before operational hours end at 3:30
pm, or
$250.00 trip charge for all "call out" fills received after 3:30 pm
on normal operational days, or on holidays, or on weekends.
Trip charges will be applied even if LP tank is inaccessible or
customer is not present when required, (CGI).
A minimum fill charge of $100.00 for bulk, "Will Call" or metered
delivery customers that request a delivery, in fewer than 4 business
days. "Will Call" or special request delivery charges will also apply.
Leak investigation (make safe only) ..... ........... No charge
If turn-on of pilots the applicable charges apply
Additional repairs ............................Time & Materials
22 Ordinance No. 8153-1kem # 9
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Special seasonal gas turn-on.... The City Manager or designee is
authorized to reduce or eliminate the
normal gas turn-on charge to attempt to
levelize the workload at the beginning of
the heating season.
Pipeline Damage Claims
Any person or company who actively engages in excavating, boring,
tunneling, horizontal directional drilling, backfilling, digging, removal
of above ground structures by mechanical means and other earth
moving operations, within the Clearwater Gas System service
territory, shall be required to notify the one call notification system 48
hours excluding weekends and holidays before digging commences
(References Florida Statutes §556 and OSHA 1926.651).
If a person or company causes damage to an above or underground
pipeline facilities owned by Clearwater Gas System and through
negligence or accident or otherwise has been deemed liable for the
damages, then that entity shall be responsible for all costs
associated with the damage. This will include the cost of gas lost
(billed at the purchased gas adjustment rate), time and materials to
repair the damage, all labor cost associated with turning off and on
gas accounts that were affected as a result of the damage, and any
third party claims plus administrative costs. The party or parties
responsible shall remit payment for all claims directly to Clearwater
Gas System upon receipt of invoice or notification of the City of
Clearwater Risk Management Department.
(4) Gas contract and rate application policies: The following represent
policies of the City of Clearwater as applied by the Clearwater Gas
System:
(a) Uniformity of rate and service application: To the extent that the
customer requests a review of his/her rate account, all rates, charges
and contract provisions are intended to be consistently and uniformly
applied to all customers of the same type with the same usage
characteristics, fuel options, and equipment capabilities. Any
customer who feels that they have been treated unjustly and is
unable to resolve the dispute with Clearwater Gas System personnel
and management has full access to the normal City of Clearwater
utilities dispute resolution process as defined in the City Code of
Ordinances, Chapter 32, Section 32.004.
23 Ordinance No. 8153-1kem # 9
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(b) Contract rate level determination: It is the policy of Clearwater Gas
System to offer a customer or potential customer who currently uses
or has access to an alternate energy source and has the capability to
use this alternate energy source, or is otherwise deemed to be a
threat to discontinue gas usage, a rate level adequate to acquire or
preserve the gas load, provided that such a rate application will
provide a reasonable profit margin to the Clearwater Gas System
and the extension of any capital investment to serve such a
customer falls within the normal gas system construction feasibility
formula. Where the capability to use such alternative energy source
will require an initial additional capital outlay by the customer, the
contract rate may be based on a net present value calculation over
the expected life of the facility.
(c) Rate schedule reductions or minor changes: The City Manager is
authorized to reduce the billing charge(s) for any rate schedule(s) or
to make minor rate schedule modifications in keeping with achieving
the "cost of service based rates" as recommended in the most recent
rate study done for the Clearwater Gas System.
(d) Main and service extension construction feasibility. Whenever a
prospective customer requests a new gas service, the Clearwater
Gas System will extend service to the prospective customer under
the following conditions:
Design considerations. The extension of gas service to the
perspective customer can be reasonably accomplished within
good engineering design, access can be secured though
easements or right-of-way, and the service will not jeopardize
the quality of gas service to existing customers.
2. Main line extension construction feasibility. The maximum
capital investment which will be made by the Clearwater Gas
System to extend main lines and services to serve a new
customer(s) shall be seven times the estimated annual gas
revenue to be derived from the facilities less the cost of gas
and the cost of monthly meter reading, customer accounting
and billing. The formula shall be:
Non-Fuel Energy Rate x Estimated Annual Therms/Gallons =
Estimated Annual Gas Non-Fuel Revenues x 7 Years =
Maximum Investment for Construction Feasibility
24 Ordinance No. 8153-1 Otem # 9
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Note: The Monthly Customer Charge is not included in the
above calculation because it is assumed to cover the cost of
meter reading, customer accounting and billing.
3. Service line extensions. The Clearwater Gas System will
install gas service lines off of the main line at no charge to the
customer under the following circumstances:
A year round customer has installed "year round" gas
equipment (such as water heating, cooking, heating, clothes
drying, and lighting) with an estimated minimum annual
consumption of two therms per foot of service line required
(Note that "Leisure Living" appliance (such as pool/spa
heating, fireplaces, and grills) usage will only be counted at 1/2
of estimated usage and only if combined with a water heater),
or
The cost of such service line extension meets the Maximum
investment for Construction Feasibility (as defined "d." above),
excluding "Leisure Living" appliances unless a water heater is
installed for daily use.
Customers who do not meet the criteria for service extensions
as set forth above will either be charged the estimated
construction cost per foot for the excess footage or pay a
contribution in aid of construction (CIAC) to cover the
deficiency amount from the above construction feasibility
formula or enter into a facilities charge contract sufficient to
cover this deficiency within a period of seven years.
4. Customer contribution required. If the capital construction costs
to extend the main exceed the maximum investment for
construction feasibility, the developer/customer(s) will be
required to either provide a non-reimbursable CIAC to cover
the excess investment amount or satisfy this deficiency by
entering into a facilities charge contract sufficient to cover this
deficiency within a period of seven years. Such facilities
contract charges may be reduced or potentially discontinued
entirely to the extent that other customer(s) are added beyond
the initial customer(s), the facilities covered by the facilities
contract charges are used to serve these additional
customer(s), and to the extent that there are calculated excess
dollars above the additional customer(s) maximum investment
for construction feasibility minus the capital construction costs
for the mains to serve these additional customer(s).
25 Ordinance No. 8153-1 Otem # 9
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5. Conversion of equipment to natural gas. The Clearwater Gas
System will provide the "labor only" to convert the customer's
existing appliance orifice(s) (if convertible) to accept natural
gas at no labor cost to the customer, provided that the
customer's gas use is year round. The customer will be
responsible for the cost of all other related conversion parts
such as controls, gas valves, gas safety devices, additional
piping, appliance venting, provisions for combustion or make-
up air, or to correct any code deficiency, or to provide any
required engineering evaluation for unlisted or unlabeled
appliances plus the cost of gas inspections and related
permits. A commercial or industrial customer must enter into
an agreement to exclusively use the natural gas service of the
Clearwater Gas System for a period to allow for recovery of
Clearwater Gas costs; and this amount, when added to the
other cost to serve amounts, still renders the project feasible.
6. Relocation of gas service facilities. When alterations or
additions to structures or improvements on any premise,
roadway right-of-way or public easement, which requires the
Clearwater Gas System to relocate metering, LP tank, service
line, or main line, or when such relocation is requested by the
customer, or others, for whatever reason, the customer or
others, will be required to reimburse the Clearwater Gas
System for all or any part of the costs incurred to accomplish
such relocation of gas system facilities to remain code
compliant and resolve their potential structure conflict.
7. Gas service will be delivered to the customer for each premise
at one (1) point of delivery designated by Clearwater Gas
System (see City Code of Ordinances, Chapter 32, Section
32.336). CGS highly discourages the installation of multiple
meters on the same premise or the use of multiple fuels
(natural gas, propane, fuel oil) on such premise. If such
installations are justified due to extraordinary circumstances
(such as life safety), these must be approved by the
Clearwater Gas System Managing Director, and then the
multiple meters or fuel sources must be well marked in a
permanent fashion. For life safety control purposes,
Clearwater Gas will not permit a fuel source (propane or fuel
oil) supplied by another company to co-exist on the same
premise or commercial occupancy with a Clearwater Gas
natural gas service.
26 Ordinance No. 8153-1kem # 9
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Section 2. That Chapter 32, Article VIII of the Code of Ordinances of
the City of Clearwater is hereby amended as follows:
Article VIII. GAS
Sec. 32.330. Unified system.
All municipal utility properties of the city supplying gas service in and to the
city and citizens and inhabitants and users thereof shall be controlled,
operated and maintained as provided in section 32.001. See appendix A to
this Code, for gas system deposits, fees, service charges and rate
schedules.
Sec. 32.331. Gas code.
The installation of gas pipes, fixtures, appliances and other equipment and
appurtenances shall be installed in accordance with the gas code of the
city, as adopted in section 47.051, Development Code of the City of
Clearwater. The installation of the customer's gas piping system, fixtures,
appliances, and other equipment and appurtenances shall be installed in
accordance with the latest edition of the Florida Building Code "Fuel Gas"
and the latest edition of NFPA 58 LP Gas Code, or subsequent
replacement codes.
Sec. 32.332. Application for service.
An application for gas service shall be filed with the gas division, whether or
not a building permit is required. If a building permit is required, a separate
application for a building permit shall be filed with the building division. The
applicant shall pay gas system deposits, fees or connection charges at the
time the application is filed with the gas division.
Sec. 32.333. Permit.
See city gas code, as adopted by section 47.051, Development Code of the
City of Clearwater, for provisions regarding gas permits pursuant to this
article. All installation work of the consumer's piping system and
appurtenances shall require applicable permits and successful inspections
by the applicable jurisdictional authority.
Sec. 32.334. Tapping and connection.
Tapping of all gas mains and service connections shall be done by the gas
division or an authorized contractor for the city. Title to all service
connections from the main to the meters and meter installations is vested in
27 Ordinance No. 8153-1kem # 9
Attachment number 1
Page 64 of 67
the city, and the same shall at all times be the sole property of the city and
shall not be trespassed upon or interfered with in any respect. Such city
property shall be maintained by the gas division and may be removed or
changed by it at any time. Only licensed gas or plumbing contractors shall
make the final connection between CGS gas meter or LP gas service lines
and the customer's gas piping and only after proper permits have been
issued by the appropriate jurisdictional authorities, and have attained a
successful final gas inspection. Only CGS employees are permitted to turn
on gas and initiate service.
Sec. 32.335. Maintenance of meters and service lines.
The gas division shall have the right to meter any and all gas service lines.
The gas division alone shall have the right to stipulate the size, type, make
and location of meters, type of meter setting, and the gas delivery pressure.
All meters shall be maintained by the City. The customer shall be held
responsible for damage to a meter or service line when such damage
results from the negligence of the customer. When such damage occurs,
the city will furnish and set another meter and repair the damaged meter or
make other necessary repairs, and the cost of such repairs, including
replacement parts, labor and transportation charges, shall be paid by the
customer.
Sec. 32.336. Meters and LP Tank--Locations and delivery pressure.
Gas service will be delivered to the customer for each premise at one 1
point of service. The location of the meter or tank will be designated by the
applicable gas system representative and will typically be within ten (10)
feet of the nearest corner of the premise to the gas main and in a location
that is expected to be maintained by the customer as accessible, i.e. not
expected to be enclosed by fencing or hedges.
Each gas meter and service regulator and propane (LP) tank shall be
installed in a location readily accessible for reading, inspection, repairs,
testing and changing of the meter/tank and operation of the gas shutoff
valve, and shall be protected from corrosion and other damage. The
customer is responsible for maintaining bushes, vegetation, sprinklers, etc.
clear from the meter/tank to allow access and good operational
performance. Sprinklers and their flow must be maintained clear of the
meter/tank to avoid premature corrosion. Upon discovery of a deficiency
and notification to the customer, remedial actions must be made including
potentially requiring the relocation of the gas facilities to ensure life safety
and to maintain required clearances. If this work is done by CGS
personnel, then normal Time and Material charges will apply.
The standard delivery pressure of natural gas at the point of delivery to the
consumer (the meter) is seven (7) inches water column (approximately 1/4
pounds per square inch) and for propane (LP) from the tank is eleven (11)
28 Ordinance No. 8153-1kem # 9
Attachment number 1
Page 65 of 67
inches water column (approximately 3/8 pounds per square inch). An
optional delivery pressure above the standard must be requested by the
customer or the customer's contractor in advance and may be approved at
the sole discretion of CGS. There are advantages to each pressure and not
all may be operationally available at any given location.
Sec. 32.337. Status of gas quantity recorded.
The quantity of gas recorded by the meter shall be conclusive, except when
the meter is found to be registering inaccurately or has ceased to register.
In such cases, the quantity may be determined by the average registration
of the meter in a corresponding past period or by the average registration of
the new meter, whichever method is, in the opinion of the city,
representative of the conditions existing during the period in question.
Sec. 32.338. Testing.
The gas division reserves the right to remove or test any meter at any time
and to substitute another meter in its place. In case of a disputed account
involving the question of accuracy of the meter, the meter will be tested by
the city upon written request of the customer; provided, however, that the
meter in question has not been tested by the city within the previous two
years. The customer agrees to accept the results of the test made by the
city. If the meter tested is found to have an error in registration in excess of
three percent as based on the arithmetical average of one-fourth load and
full load of the meter, there will be no charge for the testing; but should the
test show error in registration less than three percent there shall be a
charge for testing the meter. The billing for the testing will be charged to the
customer's account.
Sec. 32.339. Tampering with.
No person other than an agent of the city shall remove, inspect or alter the
gas meter or any other part of the gas system located on the premises. The
customer shall notify the city of any damage to or any failure of the meter or
service line.
Sec. 32.340. Authority to turn on gas.
(1) Generally. It shall be unlawful for any person other than a CGS
employee or a specifically designated agent of the City to turn on, or
in any way alter or damage, any gas meter which has been turned
off by the City. The customer serviced by the meter shall be held
responsible for any actions.
(2) Unauthorized connections. A fee shall be charged for the removal of
any device which has been installed in lieu of or in addition to a gas
meter, except where the pipe or device has been authorized in
writing by the City.
29 Ordinance No. 8153-1kem # 9
Attachment number 1
Page 66 of 67
(3) Open meter bypass servicing. A fee, over and above the bill
established from the meter reading, shall be charged for the service
of turning off the meter bypass valve, when such opening was not
previously authorized in writing by the City.
(4) Broken stop locks. A replacement fee shall be charged for the
replacement of meter stop locks which have been broken or
removed.
Sec. 32.341. Responsibility for gas in service lines.
The City is responsible for the gas contained within the service lines. The
term "service line" means a distribution line that transports gas from a
common source of supply to a customer meter outlet or the outlet of the
second stage LP gas regulator connection to a customer's house piping, or
the connection to a customer's piping if there is no customer meter. A
customer meter is the meter that measures the transfer of gas from CGS,
the gas supplier, to a consumer. The customer is responsible for all
maintenance, line locating, and repair of their customer-owned piping
system, which is beyond the gas meter outlet or beyond the outlet of the
second stage LP gas regulator.
Section 3. Should any section, paragraph, sentence or word of this
ordinance be declared for any reason 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 4. All ordinances or parts of ordinances in conflict herewith
are to the extent of such conflict hereby repealed.
Section 5. This ordinance shall become effective upon adoption and
shall be applicable to all gas bills and services rendered on or after January
1, 2011.
30 Ordinance No. 8153-1 Otem # 9
Attachment number 1
Page 67 of 67
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:
Rosemarie Call
City Clerk
31 Ordinance No. 8153-1kem # 9
Attachment number 2
Page 1 of 32
ORDINANCE NO. 8153-10
AN ORDINANCE OF THE CITY OF
CLEARWATER, FLORIDA, RELATING TO
UTILITIES; AMENDING THE CODE OF
ORDINANCES, APPENDIX A, SCHEDULE OF
FEES, RATES AND CHARGES, SECTION XXVI,
CLEARWATER GAS SYSTEM FEES, RATES
AND CHARGES, TO REVISE RATES FOR
CLEARWATER GAS SYSTEM CUSTOMERS;
AMENDING THE CODE OF ORDINANCES,
SECTION 32, ARTICLE VIII. GAS; PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the current gas rates and service charges of the
Clearwater Gas System have been effective since January 1, 2009; and
WHEREAS, it is determined to be fair and reasonable to adopt the
recommendations of the Clearwater Gas System to establish gas rates and
service charges based on the cost to serve the various classes of customers;
now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. That Appendix A - Schedule of Fees, Rates and Charges
of the Code of Ordinances of the City of Clearwater is hereby amended as
follows:
XXVI. CLEARWATER GAS SYSTEM FEES, RATES AND CHARGES:
Rate schedules, fees and charges (§ 32.068):
(1) Natural gas service rates. The following monthly rates shall apply to
all customers who are provided the availability of natural gas service
by the Clearwater Gas System C S , based on their applicable
class of service:
1 Ordinance No. 8153-1kem # 9
Attachment number 2
Page 2 of 32
(a) Residential natural gas service (rate RS): Firm natural gas service
for domestic uses in all residences of three units or fewer.
Monthly customer charge .... $10.00
Non-fuel energy charge, per therm .... $0.48
Minimum monthly bill .... $10.00
(b) Small multi-family residential service (rate SMF): Firm natural gas
service for all domestic applications within the living units of
multi-family buildings of four units or more and the total annual
consumption at the premise is 0--17,999 therms.
Monthly customer charge .... $25.00
Non-fuel energy charge, per therm .... $0.48
Minimum monthly bill .... $25.00
(c) Medium multi-family residential service (rate MMF): Firm natural gas
service for all domestic applications within the living units of
multi-family buildings of four units or more and the total annual
consumption at the premise is 18,000--99,999 therms.
Monthly customer charge .... $40.00
Non-fuel energy charge, per therm .... $0.48
Minimum monthly bill .... $40.00
(d) Large multi-family residential service (rate LMF): Firm natural gas
service for all domestic applications within the living units of
multi-family buildings of four or more and the total annual
consumption at the premise is 100,000 or more.
Monthly customer charge .... $95.00
Non-fuel energy charge, per therm .... $0.48
Minimum monthly bill .... $95.00
(e) Small natural gas general service (rate SGS): Firm natural gas
service for all commercial, industrial, and other applications
2 Ordinance No. 8153-1kem # 9
Attachment number 2
Page 3 of 32
where no other rate is applicable and the customer's annual
consumption at the premise is 0--17,999 therms.
Monthly customer charge .... $25.00
Non-fuel energy charge, per therm .... $0.46
Minimum monthly bill .... $25.00
(f) Medium natural gas general service (rate MGS): Firm natural gas
service for all commercial, industrial, and other applications
where no other rate is applicable and the customer's annual
consumption at the premise is 18,000--99,999 therms.
Monthly customer charge .... $40.00
Non-fuel energy charge, per therm .... $0.40
Minimum monthly bill .... $40.00
(g) Large natural gas general service (rate LGS): Firm natural gas
service for all commercial, industrial, and other applications
where no other rate is applicable and the customer's annual
consumption at the premise is 100,000 therms or more.
Monthly customer charge .... $95.00
Non-fuel energy charge, per therm .... $0.34
Minimum monthly bill .... $95.00
(h) Interruptible natural gas service (rate IS): Interruptible natural gas
service available under a standard agreement for typically
industrial applications where the customer's annual
consumption at the premise is 100,000 therms or more; the
customer agrees contractually to purchase a minimum of 250
therms/day (excluding curtailment days); and where the
customer has either installed alternative fuel capability and/or
contractually agrees to curtail service at the request of the
Clearwater Gas System, subject to penalties for failure to
comply.
Monthly customer charge .... $250.00
Non-fuel energy charge, per therm .... $0.280
Minimum monthly bill .... $250.00
3 Ordinance No. 8153-1kem # 9
Attachment number 2
Page 4 of 32
Plus the non-fuel therm rate for the minimum number of
contract therms per day
Note: All customers being served under Contract Rates as of
December 31, 2008, will be allowed to remain on their existing
contracts until their next expiration date, at which time that contract
will automatically be discontinued and the customer will be moved to
the applicable standard rate unless a new contract is executed.
(i) Contract natural gas service (rate CNS): Contract natural gas
service for special applications and conditions approved by the City
Manager or designee. This rate is typically applicable where
competitive fuel sources are confirmed to be available to the
customer and special rates with special conditions are required to
obtain/retain the customer. This rate may be used to construct a
special standby rate where the customer requires capability to
serve, but normally uses an alternative energy source. Such service
must fall within the normal construction feasibility formula to insure a
profitable payback to the City.
Monthly customer charge.... The same as the normally applicable
service class
Non-fuel energy charge.... Per therm as established by contract
Minimum monthly bill.... Monthly customer charge plus the non-
fuel therm rate for a contract level of
monthly consumption
Note: All customers being served under Contract Rates as of
December 31, 2008, will be allowed to remain on their existing
contracts until their next expiration date, at which time that contract
will automatically be discontinued and the customer will be moved to
the applicable standard rate unless a new contract is executed.
Q) Residential natural gas air conditioning service (rate RAC): Firm
natural gas service for domestic gas air conditioning in all
residences of three (3) units or fewer where the gas air conditioning
load is separately metered. Note: This rate is closed for new
customer applications and is only applicable for residential
4 Ordinance No. 8153-1kem # 9
Attachment number 2
Page 5 of 32
customers on RAC service as of December 31, 2008. New
residential air conditioning applications on or after January 1, 2009,
will be handled as added services on the standard RS rate
application.
Monthly customer charge.... $ 10.00 only if this is not already being
billed on another metered account at the
premise on a firm rate schedule
Non-fuel energy charge, per therm.... $0.20
Minimum monthly bill.... $ 10.00 at the premise on a firm rate
schedule
(k) General natural gas air conditioning service (rate GAC): Firm natural
gas air conditioning service for all commercial, industrial, and other
non-residential applications where the installed gas air conditioning
capacity is 0--149 tons and the gas air conditioning load is separately
metered.
Monthly customer charge.... $ 25.00 only if this is not already being
billed on another metered account at the
premise on a firm rate schedule
Non-fuel energy charge, per therm.... $ 0.15
Minimum monthly bill.... $ 25.00 at the premise on a firm rate
schedule
(1) Large natural gas air conditioning service (rate LAC): Firm natural
gas air conditioning service for all commercial, industrial, and other
non-residential applications where the installed gas air conditioning
capacity is 150 tons or more and the gas air conditioning load is
separately metered.
Ordinance No. 8153-1kem # 9
Attachment number 2
Page 6 of 32
Monthly customer charge.... $ 40.00 only if this is not already being
billed on another metered account at the
premise on a firm rate schedule
Non-fuel energy charge, per therm.... $ 0.10
Minimum monthly bill.... $ 40.00 at the premise on a firm rate
schedule
(m) Natural gas street lighting service (rate SL): Natural gas service for
lighting of public areas and ways. Service may be either metered or
estimated at the sole discretion of the gas system. The customer
may elect to either:
subscribe for normal street lighting maintenance and relighting
labor service, or
call Clearwater Gas System for repair service and pay normal
hourly labor charges (see other miscellaneous gas charges), or
maintain their own lights.
Repair equipment and/or parts supplied by Clearwater Gas System
will be billed as required. When the gas system provides poles,
fixtures, piping, and/or installation labor beyond the service
connection point, facilities contract charges may be assessed
including any right-of-way permitting and utilization charges.
Monthly customer charge .... $20.00
Non-fuel energy charge, per therm .... $0.20
Normal maintenance and relighting labor service charge, per therm .
... $0.15 additional
Plus any required equipment/parts
Minimum monthly bill .... $20.00
Plus any applicable facilities contract charges
Ordinance No. 8153-1kem # 9
Attachment number 2
Page 7 of 32
(n) Contract natural gas transportation service (rate CTS): Service for
transportation of someone else's natural gas through the Clearwater
Gas System for supply to another gas system or an individual
customer. This is a contract natural gas service and must be
approved by the City Manager or designee. Provision of this service
must fall within the normal construction feasibility formula to insure a
profitable payback to the City.
Monthly customer charge.... As established by contract (typically the
same as the normally applicable service
class)
Non-fuel energy charge.... Per therm as established by contract
(typically the same as the normally
applicable service rate plus charges for
balancing services and any additional
services desired by the customer)
Minimum monthly bill.... Monthly customer charge plus the non-
fuel therm rate for a contracted level of
minimum monthly flow as well as any
facilities contract charges for special
facilities and metering required to provide
this transportation service
Ordinance No. 8153-1 Ottem # 9
Attachment number 2
Page 8 of 32
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customer charge to the premise. NG--®r cr r, ti mill ho C???r?+?le,
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Note: The total energy charges for this service including all
adjustments, facilities charges, taxes, etc. may be expressed
as a rate "per gallon equivalent of gasoline or diesel."
(p) Natural gas emergency generator or other standby service (rate
NSS): Natural gas service to a metered account, separately
established for back-up service, where no substantial gas service is
used for year round purposes. Note: This rate is not applicable for
Ordinance No. 8153-1Otem # 9
Attachment number 2
Page 9 of 32
Residential single-family applications. Such residential emergency
generator applications are handled under the RS rate application.
Monthly customer charge .... $50.00
Non-fuel energy charge, per therm .... $0.46
Minimum monthly bill .... $50.00
Plus any facilities contract charges for the facilities and
metering required to serve this account
(2) Propane (LP) gas service rates.
The following rates shall apply to all customers who are provided the
availability of propane (LP) gas service by the Clearwater Gas
System, based on their applicable class of service. Clearwater Gas
requires all residential customer accounts have year round, whole
house water heating as a minimum criteria for qualifying for service.
(a) Residential Bulk Propane Gas Service (Rate BRLP): Bulk delivered
LP service for "year round" domestic uses (such as water heating,
cooking, heating, clothes drying, and lighting) in all residences of
three (3) units or fewer.
Usage Class Annual
Units/Gallons Non-fuel
Energy Charge
per Gallon Non-refundable Annual
Customer Charge
1 0-60 $1.80 $210.00
2 60.1--120 $1.60 $180.00
3 120.1--300 $1.00 $90.00
4 >300 $0.90 $75.00
Ordinance No. 8153-1Otem # 9
Attachment number 2
Page 10 of 32
(b) Residential "Will Call" Propane Gas Service (Rate WRLP: Bulk
delivered LP Service for all customers with exclusively "leisure living"
domestic uses (such as pool/spa heating, fireplaces, and grills) plus
customers with "year round" appliances who request "will call" status
in all residences of three (3) units or fewer.
A "Will Call" customer is responsible for monitoring tank fuel level,
assessing when they will need a fill, and requesting propane
delivery.
No trip charge for delivery if customer can wait for a normally
scheduled four (4)-business day delivery. Trip charges for early
delivery are located in (3)(h). Note that the four (4) business days
start on the next business day after the customer's request, i.e. if the
customer calls with a "Will Call" fill request on Monday, then we will
fill no later than the following Friday.
Usage Class Annual Non-fuel Energy Non-refundable
Units/Gallons Charge per Gallon Annual
Customer
Charge
1 0-120 $1.60 $150.00
2 >120 $0.90 $75.00
(c) Residential Loop System Propane Gas Service (Rate LRLP):
Metered delivery LP service for all domestic uses within a loop
delivery system (Propane Distribution system serving multiple
customers.)
Monthly Customer Charge ............. $10.00
Non-Fuel Energy Charge
Per gallon ......... $0.90
Minimum Monthly Bill ......$10.00
(d) Commercial Propane Gas Service (Rate BCLP): Bulk delivered LP
service for commercial, industrial, and other applications where no
other rate is applicable.
10 Ordinance No. 8153-1 Otem # 9
Attachment number 2
Page 11 of 32
Usage Class Annual Non-fuel Non-
Units/Gallons Energy Charge refundable
per Gallon Annual
Customer
Charge
1 0--2500 $0.25 $90.00
2 >2500 $0.20 $90.00
(e) Residential Metered Propane Gas Service (Rate MRLP): Metered
delivered LP service for all domestic uses in all residences of three
(3) or fewer.
Monthly customer charge .... $10.00
Non-fuel energy charge:
Per gallon .... $1.90
Minimum monthly bill .... $10.00
(f) Multi-family Metered Propane Gas Service (Rate MMLP): Metered
delivered LP service for all domestic applications within the living
units of multi-family buildings of four (4) units or more.
Monthly customer charge .... $25.00
Non-fuel energy charge:
Per gallon .... $1.90
Minimum monthly bill .... $25.00
(g) General Metered Propane Gas Service (Rate MGLP): Metered
delivered LP service for all commercial, industrial, and other
applications where no other rate is applicable and the annual
consumption at the premise is 0--2,500 gallons.
Monthly customer charge .... $25.00
11 Ordinance No. 8153-1kem # 9
Attachment number 2
Page 12 of 32
Non-fuel energy charge:
Per gallon .... $0.30
Minimum monthly bill .... $25.00
(h) Large Metered Propane Gas Service (Rate MLLP): Metered
delivered LP service for all commercial, industrial, and other
applications where no other rate is applicable and the annual
consumption at the premise is more than 2,500 gallons.
Monthly customer charge .... $40.00
Non-fuel energy charge:
Per gallon .... $0.25
Minimum monthly bill .... $40.00
(i) Contract Propane Gas Service (Rate CLP): Contract metered or bulk
delivered LP gas service for special applications and conditions
approved by the city manager or designee. This rate is typically
applicable where competitive fuel sources are confirmed to be
available to the customer and a special rate with special conditions
ar-eis required to obtain/retain the customer. Such service must fall
within the normal construction feasibility formula to insure a profitable
payback to the city.
Monthly customer charge. The same as the normally applicable
service class
Non-fuel margin rate. Per gallon as established by contract
Minimum monthly bill. Monthly customer charge plus the non-fuel
usage rate for contracted level of monthly consumption.
Note: All customers being served under Contract Rates as of
December 31, 2008, will be allowed to remain on their existing
contracts until their next expiration date, at which time that contract
will automatically be discontinued and the customer will be moved to
the applicable standard rate unless a new contract is executed.
12 Ordinance No. 8153-1 Otem # 9
Attachment number 2
Page 13 of 32
Monthly customer charge. $40.00 for general service applications
only if a customer charge is not already being billed on another
metered account at the premise on a firm rate schedule.
Non-fuel energy charge. Per gallon as established by contract, which
includes any applicable customer-specific or public, fill station
facilities charges required to provide this service.
Minimum monthly bill. Monthly customer charge plus any applicable
monthly facilities contract charges for special facilities, metering or
fleet conversion costs required to provide this service.
Note: The total energy charges for this service including all
adjustments, facilities charges, taxes, etc., may be expressed as a
rate "per gallon equivalent of gasoline."
(k) Propane Metered Gas Emergency Generator or Other Standby
Service (Rate LPSM): LP gas service to an account separately
established for back-up service, where no other substantial gas
service is used for year round purposes. Note: This rate is closed for
new residential customer applications and is only applicable for
residential customers on LPSM service as of December 31, 2008.
Monthly customer charge .... $50.00
Non-fuel energy charge:
Per gallon .... $1.00
Minimum monthly bill .... $50.00
Initial metered usage charge. A one-time charge for the number of
gallons required to initially fill the LP tank (size as requested by the
customer).
13 Ordinance No. 8153-1kem # 9
Attachment number 2
Page 14 of 32
(1) Propane Bulk-Delivered Gas Emergency Generator or Other
Standby Service (Rate LPSB): LP gas service to an account
separately established for back-up service, where no other
substantial gas service is used for year round purposes. Note: This
rate is closed for new residential customer applications and is only
applicable for residential customers on LPSB service as of
December 31, 2008.
Annual customer charge .... $420.00
Non-fuel energy charge:
Per gallon .... $1.00
Initial delivery charge. A one-time charge for the number of gallons
required to initially fill the LP tank (size as requested by the
customer) plus the initial annual customer charge.
m1 Effect of nerov Conservation Measures on Usaae Classes in la
(3) Other gas charges. The following charges and fees may also be applied to
customers of the Clearwater Gas System served under an applicable
natural gas or propane (LP) gas service rate:
(a) Facilities contract charge (rider FCC): A rider applicable to any of the
above rates to cover installation of facilities beyond those
typically provided to other customers of the class or beyond
the costs incorporated into the applicable gas rate.
14 Ordinance No. 8153-1kem # 9
Attachment number 2
Page 15 of 32
On-going FCC charges.... A monthly flat or per unit consumed
charge calculated to cover the on-going
estimated maintenance costs associated
with the special or additional facilities.
These charges will be contractual and
subject to annual revisions upward based
on the CPI index or based on a revised
cost calculation at the discretion of the
City Manager or designee.
Time-limited FCC charges.... A monthly flat or per unit consumed
charge calculated to cover the costs
associated with additional facilities as
requested by the customer, excess main
and service construction costs which do
not meet the construction feasibility
formula, or appliance/equipment sales
costs. Such charges may include other
applicable costs associated with
furnishing the requested facilities,
including financing costs. Where such
FCC charges result from the additional
costs incurred by Clearwater Gas System
at the request of the developer to achieve
feasibility, such FCC charges are binding
upon the future customers/occupants of
such applicable accounts for the period
necessary to meet the feasibility
calculation for the project.
Public fill station facilities charge.... A natural gas per therm or propane (LP)
per gallon charge calculated to recover
the common facilities costs to provide
such service. This will be calculated and
may be updated from time-to-time by the
gas system and approved by the City
Manager or designee.
(b) Purchased gas adjustment (rider PGA): A rider applicable to all
natural gas therm rates and propane (LP) gallon rates to
15 Ordinance No. 8153-1kem # 9
Attachment number 2
Page 16 of 32
recover the cost of the Clearwater Gas System purchased gas
supply, including losses and use by gas system
facilities/equipment and other applicable expenses. The
currently calculated PGA rates for all rate schedules, unless
specifically broken out by contract, are:
Natural gas firm standard rate schedule PGA, per therm.. $4-.27-0.87
Natural gas interruptible and contract (non-standard) rate schedule
PGA, per therm ....$ 0.79
Propane (LP) gas rate schedule PGA:
Per gallon ....$ 1.87
The above PGA rates are based on the weighted average cost of
gas (WACOG) as currently approved for October 24992010. These
PGA rates will normally be adjusted annually in October and may be
adjusted upward or downward from time-to-time with the approval of
the City Manager or designee based on actual and projected supply
costs and projected consumption levels in order to recover the total
cost of the gas system's supply plus all costs attributable to the
acquisition of system supply gas and other applicable expenses. The
over or under recovery of these PGA costs will be computed monthly
and an adjustment in the PGA rate will be made at the discretion of
the City Manager or designee. The differential between the Natural
Gas firm &ta4d d standard rate SG"°` u4 schedules PGA
and the Natural Gas Interruptible and Q44act contract ( non-
c -a standard) rate S^' e4 1'^ schedules PGA will be
established and approved by the ' Cit anager or
designee for each annual period based on the available
records for the most recent 12 months. This differential will typically
be computed by dividing the transmission pipeline "reservation
charges" component of the WACOG by the therms sold to all of the
natural gas firm rate schedules. The gas system may also segment
specific gas purchases for specific targeted customer(s) based on
contract. Additionally, a fixed monthly amount may be added to the
customer charge of applicable classes of natural gas service rates to
recover the estimated impact of the added costs associated with gas
purchased through a third-party transporter (including generally east
of the Suncoast Parkway in Pasco County). These added monthly
customer charges shall be credited to the overall PGA recovery
account and will be initially set at:
Residential ............................................... $ X8.00 per month
Small General Service & Multi-Family ............ $ 15.00 per month
16 Ordinance No. 8153-1kem # 9
Attachment number 2
Page 17 of 32
Medium General Service & Multi-Family ........ $ 30.00 per month
Large General Service & Multi-Family ............ $ 65.00 per month
Interruptible Service ................................... $150.00 per month
Contract Rates --- Apply the same as the normal class of customer
using the above schedules based on usage level
Similarlv. a differential between L as standard rates and contract
These added monthly customer charges may be adjusted upward or
downward from time-to-time with the approval of the City Manager or
designee based on actual and projected added PGA costs.
(c) Energy conservation adjustment (rider ECA): A rider applicable to all
firm standard (non-contract) natural gas therm rates and non-
contract propane (LP) gallon rates to recover the cost of energy
conservation programs undertaken by the Clearwater Gas System
as approved by the Gas System Managing Director. The ECA will
not be applied to interruptible natural gas or other non-standard
contract rates, except for that portion of ECA, which is collected as a
part of the PGA, which may be up to one-half of the annual average
ECA billing rate. The currently calculated ECA rates are:
Natural Gas Rate Schedule ECA, per therm .... $0440-10
Propane (LP) Gas Rate Schedule ECA:
Per gallon .... 0.10
The above ECA rates are as currently approved for October
2010. These ECA rates will normally be reviewed annually in
October and may be adjusted upward or downward from time-to-time
with the approval of the City Manager or designee based on actual
and projected energy conservation program costs and projected
consumption levels in order to recover the total cost of applicable
gas system programs as appFeyed by Gity MaRagGF Gil-168 "A-'-"
4,4495, including energy conservation incentive payments as well
as the applicable labor and other costs attributable to such energy
conservation programs and other applicable expenses. The over or
under recovery of these ECA costs will be computed and an
17 Ordinance No. 8153-1kem # 9
Attachment number 2
Page 18 of 32
adjustment in the ECA rate will be made at the discretion of the City
Manager or designee.
(d) Regulatory imposition adjustment (rider RIA): A rider applicable to all
firm standard (non-contract) natural gas therm rates and non-
contract propane (LP) gallon rates to recover the cost of
environmental, operator qualification, distribution integrity,
inspection, a'`'d#k "'^-' survey, and other regulatory
imposed program requirements imposed on the Clearwater Gas
System by federal, state or local regulatory agencies. The RIA will
not be applied to interruptible natural gas or other non-standard
contract rates. The currently calculated RIA rates are:
Natural Gas Rate Schedule RIA, per therm .... $0.00
Propane (LP) gas rate schedule RIA:
Per gallon .... $0.00
(e) Usage and Inflation adjustment (rider UTA): A rider applicable to all
standard non-contract natural gas therm rates and standard non-
contract propane (LP) gallon rates to recover loss of planned base
non-fuel revenues to the Clearwater Gas System due to changes in
18 Ordinance No. 8153-1kem # 9
Attachment number 2
Page 19 of 32
use per customer from the test year values as set in the 2008 Gas
Rate Study (see below) as well as the change in inflation as
measured by the Consumer Price Index for U. S. City average of all
urban consumers (CPI-U). The currently calculated UTA rates are:
Natural gas rate schedule UTA, per therm .... $0.00 for Residential
and .... $0.00 for Commercial
Propane (LP) gas rate schedule UTA, per gallon ....$0.00 for
Residential and ....................... $0.00 for
Commercial
CPI-U as prepared by the U. S. Department of Labor, Bureau of
Labor Statistics (basis july 2099 September 2009)
Residential Use per customer based on annual therms/natural gas
single-family customer. Note that this factor may be
applied to all residential standard (non-contract) rate
classes for natural gas as well as propane.
Commercial Use per customer based on annual therms/natural gas
standard and contract4 general service customers
excluding Interruptible customers. Note that this factor
may be applied to all general service standard (non-
contract) rate classes for natural gas as well as
propane.
(f) Franchise and other city/county fees recovery clause (rate FFR): A
charge levied by the Clearwater Gas System on every purchase of
gas within a municipality or county area to recover the costs
assessed by governmental entities in accordance with the franchise
agreement in force between the City of Clearwater and that other
governmental entity and including any other otherwise unrecoverable
fees, special taxes, payments in lieu of taxes, or other impositions by
any governmental entity (including the City of Clearwater) on the
services of the Clearwater Gas System sold within such municipality
or county area. The fees collected within each governmental
jurisdiction shall be used exclusively to pay the franchise fees and
other governmental fees, taxes, and other impositions levied on
19 Ordinance No. 8153-1kem # 9
Attachment number 2
Page 20 of 32
services within that governmental jurisdiction. Within the City of
Clearwater where a franchise agreement is not in force, the City of
Clearwater will levy a six percent payment in lieu of taxes on all
gross firm natural gas sales (excluding interruptible) and the
Clearwater Gas System will bill this in the same manner as if it were
a franchise fee.
(g) Tax clause (TAX - Various): All taxes due the appropriate
governmental entities (such as but not limited to State of Florida
gross receipts tax, State of Florida sales tax, county sales tax,
municipal utility tax, and others which may be legally levied from time
to time on the purchase of gas) will be billed to the customer
receiving such service and rendered to the governmental entity in
accordance with the applicable statute, ordinance, or other legally
enforceable rule.
(h) Other miscellaneous gas charges: The following charges are
applicable whenever applicable gas services are rendered the
customer:
Meter turn-on residential, scheduled next business day or beyond
(per account for new customers, seasonal reconnects, and after
nonpayment disconnect including turn-on of pilot lights) ... $50.00
Meter turn-on residential, same day as requested by customer bb
12:00 Noon (per account for new customers, seasonal reconnects,
and after non-payment disconnect including turn-on of pilot lights) . .
. $ 75.00
Meter turn-on commercial/industrial scheduled next business day or
beyond (per account for new customers, seasonal reconnects, and
after nonpayment disconnect including turn-on of pilot lights) ...
$95.00 for up to 4 appliances.
Added appliances, per each, add ... $10.00
Meter turn-on commercial/industrial, same day as requested by
customer by 12:00 Noon and with the approval of the local fire
marshal as required (per account for new customers, seasonal
reconnects, and after nonpayments disconnect including turn-on of
pilot lights) ... $190.00 for up to 4 appliances.
Added appliances -add, per each, add ... $20.00
Meter read for residential account change (no meter turn-on required
but may include turn-on of gas pilot lights) ... $40.00
20 Ordinance No. 8153-1kem # 9
Attachment number 2
Page 21 of 32
Meter read for commercial/industrial account change (no meter turn-
on required but may include turn on of gas pilot lights)_... $80.00
Replace broken stop or locks on meters .... Time and materials
Meter or L Tank Connection or Re-connection to customer-owned
piping system ... Time and materials
Relocate gas meter .... Time and materials
Install bumper posts or other necessary protection for meters, LP
tanks, or other gas equipment .... Time and materials
Turn-on or Turn-off Residential ,gas pilot lights only on next business
day or beyond as requested by the customer (per account) . .
..$50.00
Turn-on or Turn-off Residential gas pilot lights only on same day if
reauested by the customer by 12:00 Noon ... $75.00
Turn-on or Turn-off Commercial gas pilot lights only on next business
day or beyond as requested by the customer (per account) . .
.. $ 95.00
Turn-on or Turn-off Commercial gas pilot lights only on same day
service if requested by the customer by 12:00 Noon ...
190.00
Standard "Time and Mate rials"Ghar°° at for Service and Repair,
Installation, or other work performed by CGS personnel
'°no hn,'r n w plus materials:
1 person crew ... Trip Charge of $50.00 plus time on-
site/ uarter hour or portion thereof ... $Q-525.00
2 person crew ... Trip Charge of $75.00 plus time on-
site/ uarter hour or portion thereof ... 40.00
The above Rates are based on work within the CGS "normal"
Natural as Service Territory. Where customers
request work to be done outside of the normal CGS
Service Territorv ... Added time will be assessed for
the travel to and from the Territory border to the
Customer's Site.
21 Ordinance No. 8153-1 Otem # 9
Attachment number 2
Page 22 of 32
The time and trip charges associated with providing all quotes and
developing plans will be added to the cost of the billed job.
Overtime surcharge for all work including installation, service and
repair, and maintenance kas requested by the customer for after
operational hours (including same day requests received
after 12:00 oon}, weekends, and holidays4 .... Double normal ri
and time charges
Overtime surcharge for call-out turn-ons or lighting of pilots has
requested by the customer for after operational hours (including
same day requests received after 12:00 Noon
} weekends,
and holidays4.... Double same day charge
Special meter reading at customer request including billing inquiries
where reading is determined to be accurate (per account)... $45.00
Gas meter test at customer request- if results are within limits (per
meter) .... $150.00
Reset residential gas meter after same customer requests removal
(per meter) ... $150.00
Unauthorized meter bypass or hookup .... Time and materials plus
ten percent of the average monthly bill for each day since last
reading deemed to be accurate
Emergency response for non-Clearwater Gas System consumers or
other utilities .... Time and materials
gas as practical. Full abandonment and/or removal of buried LP tank
is at?_CGS' sole discretion . If the underground tank is
removed, then any required landscaping or site restoration i
22 Ordinance No. 8153-1kem # 9
Attachment number 2
Page 23 of 32
the responsibility of the customer. If the tank is abandoned on-site
CGS will make it safe by removing the gas and filling it with water
(water provided by the customer) and the tank ownership then
becomes the customer. Tanks will be considered out of service and
fuel abandoned by the customer if container is on site more than 1
months without a contract for service or paying entity for the annual
customer charge. In such case. CGS will. at its sole discretion.
either remove or abandon the tank.
Collector fee, See Appendix A - Public Works Utility Tariffs, Section
(4)(a)3
Dishonored check service fee, See Code of Ordinances, Section
2.528
Missed appointment (CGI) - Customer not present at time as
arranged or equipment not accessible. Applicable miscellaneous
gas charges (overtime surcharges may apply).
Residential "Will Call" and special request delivery Propane Gas
Service trip charges for early delivery:
$50.00 trip charge if the customer requests delivery for
the next business day delivery or fGr-ELqqests a
scheduled delivery ef-for fewer than 4 business days,
$40975.00 trip charge for same business day deliveryfor
requests received by 12:00 Noon, or
$269150.00 trip charge for same day delivery service eutsi4e
nor ?I "e'C n?C? "n, Irsreguests after 12:00 Noon and before
operational hours end at 3:30 pm, or
$250.00 trip charge for all "call out" fills received after 3:30 pm
on normal operational days, or on holidays, or on weekends.
23 Ordinance No. 8153-1kem # 9
Attachment number 2
Page 24 of 32
Trip charges will be applied even if LP tank is inaccessible or
customer is not present when required, (CGI).
A minimum fill charge of $100.00 for bulk, "Will Call" or metered
delivery customers that request a delivery, in fewer than 4 business
days. "Will Call" or special request delivery charges will also apply.
Leak investigation (make safe only) ..... ........... No charge
If turn-on of pilots the applicable charges apply
Additional repairs ............................Time & Materials
Special seasonal gas turn-on.... The City Manager or designee is
authorized to reduce or eliminate the
normal gas turn-on charge to attempt to
levelize the workload at the beginning of
the heating season.
Pipeline Damage Claims
Any person or company who actively engages in excavating, boring,
tunneling, horizontal directional drilling, backfilling, digging, removal
of above ground structures by mechanical means and other earth
moving operations, within the Clearwater Gas System service
territory, shall be required to notify the one call notification system 48
hours excluding weekends and holidays before digging commences
(References Florida Statutes §556 and OSHA 1926.651).
If a person or company causes damage to an above or under-ground
pipeline facilities owned by Clearwater Gas System and through
negligence or accident or otherwise has been deemed liable for the
damages, then that entity shall be responsible for all costs
associated with the damage. This will include the cost of gas lost
(billed at the purchased gas adjustment rate), time and materials to
repair the damage, all labor cost associated with turning off and on
gas accounts that were affected as a result of the damage, and any
24 Ordinance No. 8153-1kem # 9
Attachment number 2
Page 25 of 32
third party claims plus administrative costs. The party or parties
responsible shall remit payment for all claims directly to Clearwater
Gas System upon receipt of invoice or notification of the City of
Clearwater Risk Management Department.
(4) Gas contract and rate application policies: The following represent
policies of the City of Clearwater as applied by the Clearwater Gas
System:
(a) Uniformity of rate and service application: To the extent that the
customer requests a review of his/her rate account, all rates, charges
and contract provisions are intended to be consistently and uniformly
applied to all customers of the same type with the same usage
characteristics, fuel options, and equipment capabilities. Any
customer who feels that they have been treated unjustly and is
unable to resolve the dispute with Clearwater Gas System personnel
and management has full access to the normal City of Clearwater
utilities dispute resolution process as defined in the City Code of
Ordinances, Chapter 32, Section 32.004.
(b) Contract rate level determination: It is the policy of Clearwater Gas
System to offer a customer or potential customer who currently uses
or has access to an alternate energy source and has the capability to
use this alternate energy source, or is otherwise deemed to be a
threat to discontinue gas usage, a rate level adequate to acquire or
preserve the gas load, provided that such a rate application will
provide a reasonable profit margin to the Clearwater Gas System
and the extension of any capital investment to serve such a
customer falls within the normal gas system construction feasibility
formula. Where the capability to use such alternative energy source
will require an initial additional capital outlay by the customer, the
contract rate may be based on a net present value calculation over
the expected life of the facility.
(c) Rate schedule reductions or minor changes: The City Manager is
authorized to reduce the billing charge(s) for any rate schedule(s) or
to make minor rate schedule modifications in keeping with
achieving the "cost of service based rates" as recommended in the
most recent rate study done for the Clearwater Gas System.
(d) Main and service extension construction feasibility: Whenever a
prospective customer requests a new gas service, the Clearwater
Gas System will extend service to the prospective customer under
the following conditions:
25 Ordinance No. 8153-1kem # 9
Attachment number 2
Page 26 of 32
Design considerations. The extension of gas service to the
perspective customer can be reasonably accomplished within
good engineering design, access can be secured though
easements or right-of-way, and the service will not jeopardize
the quality of gas service to existing customers.
2. Main line extension construction feasibility. The maximum
capital investment which will be made by the Clearwater Gas
System to extend main lines and services to serve a new
customer(s) shall be seven times the estimated annual gas
revenue to be derived from the facilities less the cost of gas
and the cost of monthly meter reading, customer accounting
and billing. The formula shall be:
Non-Fuel Energy Rate x Estimated Annual Therms/Gallons =
Estimated Annual Gas Non-Fuel Revenues x 7 Years =
Maximum Investment for Construction Feasibility
Note: The Monthly Customer Charge is not included in the
above calculation because it is assumed to cover the cost of
meter reading, customer accounting and billing.
3. Service line extensions. The Clearwater Gas System will
install gas service lines off of the main line at no charge to the
customer under the following circumstances:
A year round customer has installed "year round" gas
equipment (such as water heating, cooking, heating, clothes
drying, and lighting) with an estimated minimum annual
consumption of two therms per foot of service line required
(Note that "Leisure Living" appliance (such as pool/spa
heating, fireplaces, and grills) usage will only be counted at 1/2
of estimated usage and only if combined with a water heater),
or
The cost of such service line extension meets the Maximum
investment for Construction Feasibility (as defined "d." above),
excluding "Leisure Living" appliances unless a water heater is
installed for daily use.
Customers who do not meet the criteria for service extensions
as set forth above will either be charged the estimated
construction cost per foot for the excess footage or pay a
contribution in aid of construction (CIAC) to cover the
deficiency amount from the above construction feasibility
26 Ordinance No. 8153-1 Otem # 9
Attachment number 2
Page 27 of 32
formula or enter into a facilities charge contract sufficient to
cover this deficiency within a period of seven years.
4. Customer contribution required. If the capital construction costs
to extend the main exceed the maximum investment for
construction feasibility, the developer/customer(s) will be
required to either provide a non-reimbursable CIAC to cover
the excess investment amount or satisfy this deficiency by
entering into a facilities charge contract sufficient to cover this
deficiency within a period of seven years. Such facilities
contract charges may be reduced or potentially discontinued
entirely to the extent that other customer(s) are added beyond
the initial customer(s), the facilities covered by the facilities
contract charges are used to serve these additional
customer(s), and to the extent that there are calculated excess
dollars above the additional customer(s) maximum investment
for construction feasibility minus the capital construction costs
for the mains to serve these additional customer(s).
5. Conversion of equipment to natural gas. The Clearwater Gas
System will provide the "labor only" to convert the customer's
existing appliance orifice(s) (if convertible) to accept natural
gas at no labor cost to the customer, provided that the
customer's gas use is year round. The customer will be
responsible for the cost of all other related conversion parts
such as controls, gas valves, gas safety devices, additional
piping, appliance venting, provisions for combustion or make-
up air, or to correct any code deficiency, or to provide any
required engineering evaluation for unlisted or unlabeled
appliances plus the cost of gas inspections and related
ermits. A commercial or industrial customer must enter into
an agreement to exclusively use the natural gas service of the
Clearwater Gas System for a period to allow for recovery of
Clearwater Gas costs; and this amount, when added to the
other cost to serve amounts, still renders the project feasible.
6. Relocation of gas service facilities. When alterations or
additions to structures or improvements on any premise,
roadway right-of-way or public easement, which requires the
Clearwater Gas System to relocate metering, L tank, service
line, or main line, or when such relocation is requested by the
customer, or others, for whatever reason, the customer or
others, will be required to reimburse the Clearwater Gas
System for all or any part of the costs incurred to accomplish
27 Ordinance No. 8153-1kem # 9
Attachment number 2
Page 28 of 32
such relocation of gas system facilities to remain code
compliant and resolve their potential structure conflict.
7. Gas service will be delivered to the customer for each premise
Section 2. That Chapter 32, Article VIII of the Code of Ordinances of
the City of Clearwater is hereby amended as follows:
Article VIII. GAS
Sec. 32.330. Unified system.
All municipal utility properties of the city supplying gas service in and to the
city and citizens and inhabitants and users thereof shall be controlled,
operated and maintained as provided in section 32.001. See appendix A to
this Code, for gas system deposits, fees, service charges and rate
schedules.
28 Ordinance No. 8153-1kem # 9
Attachment number 2
Page 29 of 32
Sec. 32.332. Application for service.
An application for gas service shall be filed with the gas division, whether or
not a building permit is required. If a building permit is required, a separate
application for a building permit shall be filed with the building division. The
applicant shall pay gas system deposits, fees or connection charges at the
time the application is filed with the gas division.
Sec. 32.335. Maintenance of meters and service lines.
The gas division shall have the right to meter any and all gas service lines.
The gas division alone shall have the right to stipulate the size, type, make
and location of meters1 type of meter setting, and the gas delivery
pressure. All meters shall be maintained by the G4yCity. The customer shall
be held responsible for damage to a meter or service line when such
damage results from the negligence of the customer. When such damage
occurs, the city will furnish and set another meter and repair the damaged
meter or make other necessary repairs, and the cost of such repairs,
including replacement parts, labor and transportation charges, shall be paid
by the customer.
Sec. 32.336. Meters and L Tank--Locations and delivery pressure.
Gas service will be delivered to the customer for each premise at one
(1}
point of service. The location of the meter or tank will be designated by the
applicable gas system representative and will typically be within ten (10)
feet of the nearest corner of the premise to the gas main and in a location
29 Ordinance No. 8153-1 Otem # 9
Attachment number 2
Page 30 of 32
that is expected to be maintained by the customer as accessible, i.e. not
expected to be enclosed by fencing or hedges.
all may be operationally available at any given location.
Sec. 32.337. Status of gas quantity recorded.
The quantity of gas recorded by the meter shall be conclusive, except when
the meter is found to be registering inaccurately or has ceased to register.
In such cases, the quantity may be determined by the average registration
of the meter in a corresponding past period or by the average registration of
the new meter, whichever method is, in the opinion of the city,
representative of the conditions existing during the period in question.
Sec. 32.338. Testing.
The gas division reserves the right to remove or test any meter at any time
and to substitute another meter in its place. In case of a disputed account
involving the question of accuracy of the meter, the meter will be tested by
the city upon written request of the customer; provided, however, that the
meter in question has not been tested by the city within the previous two
years. The customer agrees to accept the results of the test made by the
city. If the meter tested is found to have an error in registration in excess of
three percent as based on the arithmetical average of one-fourth load and
full load of the meter, there will be no charge for the testing; but should the
test show error in registration less than three percent there shall be a
30 Ordinance No. 8153-1kem # 9
Attachment number 2
Page 31 of 32
charge for testing the meter. The billing for the testing will be charged to the
customer's account.
Sec. 32.339. Tampering with.
No person other than an agent of the city shall remove, inspect or alter the
gas meter or any other part of the gas system located on the premises. The
customer shall notify the city of any damage to or any failure of the meter or
service line.
Sec. 32.340. Authority to turn on gas.
(1) Generally. It shall be unlawful for any person other than a CGS
employee or a specifically teda-R agent of the ' Git to turn on, or
in any way alter or damage, any gas meter which has been turned off by
the G4yCity. The customer serviced by the meter shall be held responsible
for any actions.
(2) Unauthorized connections. A fee shall be charged for the removal of
any device which has been installed in lieu of or in addition to a gas meter,
except where the pipe or device has been authorized in writing by the
Gity-Cilty.
(3) Open meter bypass servicing. A fee, over and above the bill
established from the meter reading, shall be charged for the service of
turning off the meter bypass valve, when such opening was not previously
authorized in writing by the GityCity.
(4) Broken stop locks. A replacement fee shall be charged for the
replacement of meter stop locks which have been broken or removed.
Section 3. Should any section, paragraph, sentence or word of this
ordinance be declared for any reason 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.
31 Ordinance No. 8153-1Otem # 9
Attachment number 2
Page 32 of 32
Section 4. All ordinances or parts of ordinances in conflict herewith
are to the extent of such conflict hereby repealed.
Section 5. This ordinance shall become effective upon adoption and
shall be applicable to all gas bills and services rendered on or after January
1, 2011.
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:
Rosemarie Call
City Clerk
32 Ordinance No. 8153-1kem # 9
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?- Meeting Date: 10/21/20 10
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Amend provisions of Chapter 29, Article 11, Business Tax Receipts, Clearwater Code of Ordinances, to exclude the profession of
attorneys from any provisions in this Article that regulate attorney conduct or the practice of law and pass Ordinance 8212-10 on
first reading.
SUMMARY:
The regulation of the conduct of attorneys and the practice of law is solely within the purview of the Florida Supreme Court
according to the Florida Constitution, Article V, Section 15.
County Court of Pinellas County has found that certain provisions of Chapter 29, Article 11, dealing with Business Tax Receipts
(BTR's) in the Clearwater Code of Ordinances go beyond revenue-generating purposes and stray into the regulation of attorney
conduct and thereby held that these provisions were unconstitutional.
This ordinance modifies relevant sections of the City's BTR ordinance to exclude attorneys from provisions that the
aforementioned judge's order found to be regulatory upon attorney conduct or the practice of law.
Review Approval: 1) City Manager 2) Clerk
Cover Memo
Item # 10
Attachment number 1
Page 1 of 4
ORDINANCE NO. 8212-10
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING PROVISIONS OF CHAPTER 29, ARTICLE II,
BUSINESS TAX RECEIPTS, CLEARWATER CODE OF
ORDINANCES, TO EXCLUDE THE PROFESSION OF
ATTORNEYS FROM ANY PROVISIONS IN THIS ARTICLE THAT
REGULATE ATTORNEY CONDUCT OR THE PRACTICE OF
LAW; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the regulation of the conduct of attorneys and the practice of law is
solely within the purview of the Florida Supreme Court according to the Florida
Constitution, Article V, Section 15; and
WHEREAS, County Court of Pinellas County has found that certain provisions of
Chapter 29, Article II, dealing with Business Tax Receipts (BTR's) in the Clearwater
Code of Ordinances go beyond revenue-generating purposes and stray into the
regulation of attorney conduct and thereby held that these provisions were
unconstitutional; and
WHEREAS, this modifies relevant sections of the City's BTR ordinance to
exclude attorneys from provisions that the aforementioned judge's order found to be
regulatory upon attorney conduct or the practice of law, now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. That Chapter 29, Article II Business Tax Receipts, Section 29.26 be
amended by adding the underlined language as follows:
Sec. 29.26. Enforcement and inspection--Generally.
(1) The following persons are authorized to conduct inspections in the manner
prescribed in this section:
(a) The city manager shall make all investigations reasonably necessary
for the enforcement of this code.
(b) The city manager shall have the authority to order the inspection of
taxpayers, their businesses records, by any city staff having duties to
perform with reference to such licensees or businesses.
(c) All police officers shall be empowered to enforce compliance with the
provisions of this article.
Item # 10
Attachment number 1
Page 2 of 4
(2) All persons authorized in this section to inspect business tax receipts,
businesses or records the authority to enter, with or without search warrant as
the law may require, at all reasonable times, the following premises:
(a) Those for which a business tax receipt is required;
(b) Those for which a business tax receipt was issued and which, at the
time of inspection, are operating under such business tax receipt;
(c) Those for which a business tax receipt has been revoked or
suspended.
(3) The enforcement and inspection procedures, as detailed herein, shall not
apply to attorneys.
Section 2. That Chapter 29, Article II Business Tax Receipts, Section 29.27 be
amended by adding the underlined language as follows:
Sec. 29.27. Police background check.
For the general health, safety and welfare of the citizens of Clearwater, some
business types require a police background check on the owners or operators of
the business. Most of these businesses are identified in the fee schedule of
Appendix A of this Code. From time to time, the director of the department and
the police chief may identify other businesses which will require a police
background check, but are not so noted in the fee schedule of Appendix A of this
Code. Any business owner, operator who is required to obtain a police
background check may furnish a state criminal background check if it was
completed by a state regulatory agency within six months of the application for a
business tax receipt and the background check can be verified as being
completed by that agency. If the applicant elects to provide the alternative
background check, it shall be the responsibility of the applicant to provide the
proof of passing such background check. The city may require a city background
check on a case-by-case basis if there are questions about the validity or
accuracy of a background check provided by the applicant.
(2) No police background check shall be required for attorneys.
Section 3. That Chapter 29, Article II Business Tax Receipts, Section 29.40 be
amended by adding the underlined language as follows:
Sec. 29.40. Penalties.
(1) All business taxes imposed by this article shall be due and payable on
September 30 of each year and shall expire on September 30 of the succeeding
year. Those business tax receipts not renewed by September 30 shall be
2 Ordinance No. 8212-10
Item # 10
Attachment number 1
Page 3 of 4
considered delinquent and shall be subject to an administrative fee and
delinquency penalty as per Appendix A. It is the duty of an inspector or a law
enforcement officer to cause such person or persons or officers and directors of
any corporation to be brought before the Municipal Code Enforcement Board or
the county court utilizing processes as set forth in Article 7 of the Community
Development Code and Florida State Statutes, as amended from time to time.
(2) Each business tax receipt required by this chapter shall be obtained prior to
the commencement of business or the practice of a profession and if not, shall be
subject to an administrative fee and penalty as per Appendix A, in addition to the
civil penalties of section 1.12. The administrative fee and penalty as detailed in
Appendix A along with the civil penalty set forth in section 1. 12, for the delinquent
payment of business taxes, shall be exhaustive and to the exclusion of any and
all other penalties and sanctions.
Section 4. That Chapter 29, Article II Business Tax Receipts, Section 29.44 be
amended by adding the underlined language as follows:
Sec. 29.44. Appeals.
Any applicant or taxpayer who has been denied the issuance or transfer of a
business tax receipt pursuant to section 29.31, 29.38 or 29.41(5) shall have the
right of appeal to the city manager. Within ten calendar days from the date the
city notifies the applicant or taxpayer of the city's decision to deny the issuance or
transfer of a business tax receipt, the applicant or taxpayer shall file with the city
clerk a written statement fully setting forth the grounds for such appeal. Upon the
filing of such written statement, the city clerk shall notify the city manager, who
shall schedule and conduct a hearing before the city manager within 30 days
after the filing of the written statement. The applicant or taxpayer shall be given
written notice of the hearing by certified mail return receipt requested and shall
have an opportunity to present evidence on his or her behalf, to cross examine
witnesses, and to be represented by counsel. The city shall have the burden of
proof by a preponderance of the evidence, and the city manager's decision shall
be based solely on the evidence presented at the hearing. Within ten calendar
days of the hearing, the city manager shall file with the city clerk's office and shall
serve on the applicant or taxpayer a written decision containing findings of fact
and conclusions of the legal basis for the decision. The decision of the city
manager shall be final and conclusive, subject to judicial review by common law
certiorari in the circuit court for Pinellas County. The applicant or taxpayer may
abate the enforcement of the denial by filing a petition for a writ of certiorari and
obtaining a temporary injunction or temporary restraining order.
(2) An applicant providing proof of active attorney licensure from the Florida Bar
will not be denied the issuance or transfer of a business tax receipt.
3 Ordinance No. 8212-10
Item # 10
Attachment number 1
Page 4 of 4
Section 5. That Chapter 29, Article II Business Tax Receipts, Section 29.46 be
amended by adding the underlined language as follows:
Sec. 29.46. Regulatory licenses.
Provisions of a regulatory nature contained in this article are placed in this article
as a matter of convenience only. Although a separate regulatory license certificate may
not be issued, such provisions are imposed as conditions of an additional regulatory
license imposed under the city's police power to regulate businesses, occupations,
professions, trades or callings in order to protect the public health, morals, safety and
welfare pursuant to F.S. § 166.221; however, no provisions contained in this article shall
serve to regulate attorney conduct or the practice of law.
Section 6. That Appendix A, XXVIII. Business Tax, be amended by deleting the
stricken language as follows:
084.000 PROFESSIONAL (per licensee and per location)
084.010 Accountant (See note D if CPA) 127.50
084.020 Architect (See note D) 127.50
084.030 Attorneys 127.50
Section 7. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard
Mayor
Approved as to form: Attest:
Camilo A. Soto Rosemarie Call
Assistant City Attorney City Clerk
4 Ordinance No. 8212-10
Item # 10
?- Meeting Date: 10/21/20 10
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Adopt Ordinance 8193-10 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to
change the land use designation for certain real property whose post office address is 110 McMullen Booth Road, from Residential
Urban (RU) to Institutional (I).
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 11
Attachment number 1
Page 1 of 2
ORDINANCE NO. 8193 -10
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE
COMPREHENSIVE PLAN OF THE CITY, TO CHANGE THE
LAND USE DESIGNATION FOR CERTAIN REAL PROPERTY
LOCATED AT THE NORTHEAST CORNER OF VIRGINIA
AVENUE AND MEADOW LARK LANE APPROXIMATELY 335
FEET EAST OF BAYVIEW AVENUE, SOUTH OF 110 NORTH
MCMULLEN BOOTH ROAD (FIRST BAPTIST CHURCH OF
CLEARWATER, INC. A/K/A CALVARY BAPTIST CHURCH),
CONSISTING OF A PORTION OF SECTION 16, TOWNSHIP 29
SOUTH, RANGE 16 EAST, INCLUDING A PORTION OF LAND
LYING NORTH OF LOTS 1 THROUGH 6 BLOCK 1, AND LOTS 1
THROUGH 6 BLOCK 2, BAYVIEW CITY SUBDIVISION, WHOSE
POST OFFICE ADDRESS IS 110 MCMULLEN BOOTH ROAD,
FROM RESIDENTIAL URBAN (RU) TO INSTITUTIONAL (1);
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the amendment to the future land use plan element of the comprehensive
plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate,
and is consistent with the City's comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The future land use plan element of the comprehensive plan of the City of
Clearwater is amended by designating the land use category for the hereinafter described
property as follows:
Property
See Exhibit "A"
(LUZ2010-05001)
Land Use Category
From: Residential Urban (RU)
To: Institutional (1)
Section 2. The City Council does hereby certify that this ordinance is consistent with
the City's comprehensive plan.
Section 3. This ordinance shall take effect immediately upon adoption, subject to the
approval of the land use designation by the Pinellas County Board of County Commissioners,
and subject to a determination by the State of Florida, as appropriate, of compliance with the
applicable requirements of the Local Government Comprehensive Planning and Land
Development Regulation Act, pursuant to § 163.3189, Florida Statutes. The Community
Development Coordinator is authorized to transmit to the Pinellas County Planning Council an
application to amend the Countywide Plan in order to achieve consistency with the Future Land
Use Plan Element of the City's Comprehensive Plan as amended by this ordinance.
PASSED ON FIRST READING
Item # 11
Ordinance No.8193 -10
Attachment number 1
Page 2 of 2
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard
Mayor
Approved as to form: Attest:
Leslie K. Dougall-Sides Rosemarie Call
Assistant City Attorney City Clerk
Item # 11
Ordinance No.8193 -10
?- Meeting Date: 10/21/20 10
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Adopt Ordinance No. 8194-10 on second reading, amending the Zoning Atlas of the city by rezoning certain real property whose
post office address is 110 McMullen Booth Road, from Low Medium Density Residential (LMDR) to Institutional (I).
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 12
Attachment number 1
Page 1 of 2
ORDINANCE NO. 8194-10
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY
BY REZONING CERTAIN REAL PROPERTY LOCATED AT
THE NORTHEAST CORNER OF VIRGINIA AVENUE AND
MEADOW LARK LANE APPROXIMATELY 335 FEET EAST
OF BAYVIEW AVENUE, SOUTH OF 110 NORTH
MCMULLEN BOOTH ROAD (FIRST BAPTIST CHURCH OF
CLEARWATER, INC A/K/A CALVARY BAPTIST CHURCH),
CONSISTING OF A PORTION OF SECTION 16,
TOWNSHIP 29 SOUTH, RANGE 16 EAST, INCLUDING A
PORTION OF LAND LYING NORTH OF LOTS 1
THROUGH 6 BLOCK 1, AND LOTS 1 THROUGH 6 BLOCK
2, BAYVIEW CITY SUBDIVISION, WHOSE POST OFFICE
ADDRESS IS 110 MCMULLEN BOOTH ROAD, FROM LOW
MEDIUM DENSITY RESIDENTIAL (LMDR) TO
INSTITUTIONAL (I); 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
See Exhibit "A"
(LUZ2010-05001)
Zoning District
From: Low Medium
Density Residential
(LMDR)
To: Institutional (1)
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.
Item # 12
Ordinance No. 8194-10
Attachment number 1
Page 2 of 2
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
Frank V. Hibbard
Mayor
Attest:
Leslie K. Dougall-Sides Rosemarie Call
Assistant City Attorney City Clerk
Item # 12
Ordinance No. 8194-10
?- Meeting Date: 10/21/20 10
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Approve amendments to the Clearwater Comprehensive Plan adding Future Land Use Map categories for transit oriented
development and adding an objective and policies pertaining to the new categories, and adopt Ordinance 8201-10 on second
reading as amended.
SUMMARY:
Ordinance 8201-10 was passed on first reading on August 5, 2010 and transmitted to the Florida Department of Community
Affairs (DCA) as required for Comprehensive Plan text amendments.
The Department of Community Affairs issued Comments and Recommendations for this amendment on the following items:
Development Standards Recommendation
Include maximum density standards and the proportion desired land uses within the Transit Oriented Development (TOD) land use
categories.
Plan Policv Guidance Recommendations
Include a provision ensuring the City will propose an amendment to the Comprehensive Plan to show station locations on the
Future Land Use Map once the station locations have been identified.
Include a policy that states should a station location occur in the coastal high hazard area (Coastal Storm Area in the
Comprehensive Plan), no increase in density allowed under the current Future Land Use Map shall occur on those properties.
The Department of Community Affairs recommendations have been addressed in the motion to amend on second reading.
Review Approval: 1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk
Cover Memo
Item # 13
Attachment number 1
Page 1 of 3
ORDINANCE NO. 8201-10
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, MAKING
AMENDMENTS TO THE COMPREHENSIVE PLAN OF THE CITY BY
AMENDING THE FUTURE LAND USE ELEMENT BY ADDING PLAN
CLASSIFICATION CATEGORIES FOR TRANSIT ORIENTED
DEVELOPMENT AND ADDING AN OBJECTIVE AND POLICIES
PERTAINING TO THE NEW CATEGORIES; PROVIDING FOR
SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE;
WHEREAS the Local Government Comprehensive Planning and Land
Development Regulation Act of Florida empowers and requires the City Council of the
City of Clearwater to plan for the future development and growth of the City, and to
adopt and periodically amend the Comprehensive Plan, including elements and
portions thereof; and
WHEREAS, the City Council approved Ordinance Number 8088-09, which
amended the Comprehensive Plan of the City on November 17, 2009; and
WHEREAS, the City Council approved Ordinance Number 8134-10, which
amended the Comprehensive Plan of the City on May 20, 2010; and
WHEREAS, the Tampa Bay Area Regional Transportation Authority (TBARTA)
adopted a Regional Transportation Master Plan for the Tampa Bay Area in May 2009;
and
WHEREAS, the Regional Transportation Master Plan identifies future rail service
for portions of the City of Clearwater; and
WHEREAS, the Pinellas County Metropolitan Planning Organization adopted in
December 2009 a new Long Range Transportation Plan that incorporates a
comprehensive system of transit service with rail service to be developed in phases;
and
WHEREAS, TBARTA, the Pinellas County Metropolitan Planning Organization
(MPO), the Pinellas Suncoast Transit Authority, and the Florida Department of
Transportation signed a Memorandum of Understanding (MOU) in 2010 to jointly
undertake a Federal Transit Agency Alternatives Analysis to identify corridors in
Pinellas County for the first phase of a future rail or fixed guideway transit system; and
WHEREAS, the signatories to the MOU have identified the general transit
planning area in Pinellas County that will be the focus of the Alternatives Analysis; and
WHEREAS, transit station locations will be determined as part of the Alternatives
Analysis; and
WHEREAS, those jurisdictions that will be traversed by the future rail or fixed
guideway transit system must ensure that their local comprehensive plans contain
Ordinance No.lWM4013
Attachment number 1
Page 2 of 3
policies that integrate transit with supportive land use policies, such as enabling transit
oriented development around transit stations; and
WHEREAS, TBARTA has developed transit oriented development guiding
principles for incorporation into local comprehensive plans; and
WHEREAS, the Future Land Use Element of the Comprehensive Plan is being
amended to include new policies to support appropriate land use planning and
development in proximity to rail or fixed guideway transit stations once they are
identified through the Alternatives Analysis; and
WHEREAS, amendments to the Comprehensive Plan have been prepared in
accordance with the applicable requirements of law, after conducting appropriate
planning analysis and public participation through public hearings, opportunity for
written comments, open discussion and the consideration of public and official
comments; and
WHEREAS, the Community Development Board, serving as the designated
Local Planning Agency for the City, has held a public hearing on the proposed
amendments and has recommended adoption of the proposed Comprehensive Plan
amendments; and
WHEREAS, the proposed amendments have been transmitted to the Florida
Department of Community Affairs for review and comments, and the objections,
recommendations and comments received from the Florida Department of Community
Affairs have been considered by the City Council, together with all comments from local
regional agencies and other persons, in preparing the final draft of the amendments;
and
WHEREAS, the City Council finds it necessary, desirable and proper to adopt
the amendments to the objectives and policies of the Comprehensive Plan in order to
reflect changing conditions; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Amendments 1 - 2 to the Clearwater Comprehensive Plan
attached hereto as Exhibit "A" are hereby adopted.
Section 2. This ordinance shall become effective when the Department of
Community Affairs (DCA) issues a final order determining the adopted amendment to
be in compliance, or the Administration Commission issues a final order determining
the adopted amendments to be in compliance, in accordance with Section 163.187 or
163.3189, F.S., as amended.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
2 Ordinance No. 8201-10
Item # 13
Attachment number 1
Page 3 of 3
Frank Hibbard
Mayor-Councilmember
Approved as to form: Attest:
Leslie Dougall-Sides Rosemarie Call
Assistant City Attorney City Clerk
Ordinance No. 8201-10
Item # 13
Attachment number 2
Page 1 of 11
EXHIBIT A
ATTACHMENT TO ORDINANCE 8201-10
AMENDMENT 1 - FUTURE LAND USE ELEMENT GOALS, OBJECTIVES AND POLICIES
Amend following Policy A.2.2.1 of Goal A.2 of the Plan on pages A-6-A-9 as follows:
Exhibit A Ordinance Nd.tMI# 013
Attachment number 2
Page 2 of 11
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Item # 13
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Page 7 of 11
AMENDMENT 2 - FUTURE LAND USE ELEMENT GOALS, OBJECTIVES AND POLICIES
Add following Objective and Policies to Goal A. 6 of the Plan on page A-21 as follows:
A.6.10 Obiective - Create energy-efficient transit oriented development where residents,
visitors and tourists can travel to a variety of places without using a personal
vehicle, provide direction for transit-supportive development and redevelopment
in transit stations areas that makes it convenient for people to walk and use
transit, and incorporate the land use and economic development criteria outlined
in the Federal Transit Administration New Starts Planning and Development
Process.
Policies
A.6.10.1 Plan for transit oriented development around transit stations that are Dart of
a rail or fixed guideway system as established in the Pinellas County
Metropolitan Planning Organization Long Range Transportation Plan.
Transit station locations and typologies will be determined at the
conclusion of the Pinellas Alternatives Analysis through a multi-agency
joint planning process.
A.6.10.2 When the location of fixed-guideway transit stations and station typologies
have been determined through the process described in A.6.10.1, an
amendment to the Future Land Use Map will be processed by the City to
delineate the transit station area and apply the appropriate Transit Oriented
Development category pursuant Policy A.2.2.1 and adopt transit station
area plans after consideration of input from a community involvement
process. A station area will e_ n?erally comprise the area within a '/2 mile
radius (easy walking distance) of the transit station.
A.6.10.3 If a transit station area encompasses more than one jurisdiction, the city
will coordinate with the other affected jurisdiction(s) in determining the
station area boundary and developing the transit station area plan.
A.6.10.4 Each transit station area Dlan must include existiniz conditions
neighborhood context, station area types, redevelopment vision, concept
plan, market research and development projections, land use
recommendations, zoning requirements, building design standards, site
development standards, street cross sections, streetscape development
standards, pedestrian and bicycle access plans, public infrastructure
improvements, wayfinding plan, public realm and open space plan, parking
plan and implementation plan.
A.6.10.5 Where a transit station area coincides with the area governed by
Clearwater Downtown Redevelopment Plan (Downtown Plan), the
development of the Transit Station Area Plan will be closely coordinated
with and, potentially, integrated into the Downtown Plan to ensure
consistency in approach and implementation strategies. Amendments to the
Downtown Plan may be required to ensure that the specific target
Exhibit A Ordinance Nd.tM1# 013
Attachment number 2
Page 8 of 11
intensities related to the transit station typologies will be accommodated.
A.6.10.6 An abbrobriate ratio of residential and non-residential land uses in the
transit station area is critical to achieving a desirable jobs to housing
balance. The following land use targets shall guide future development
within transit station areas:
a. Transit Station Area Ty pe I: 20% Residential, 80% Nonresidential
b. Transit Station Area Ty pe II: 50% Residential, 50% Nonresidential
c. Transit Station Area Ty pe III: 80% Residential, 20% Nonresidential
d. Transit Station Area Ty pe IV: 60% Residential, 40% Nonresidential
A.6.10.7 Where a transit station area coincides with the Coastal Storm Area
population densities are restricted to the maximum density allowed by the
Future Land Use Map, except for specific areas identified in Beach by
Design: A Preliminary Design for Clearwater Beach and Design
Guidelines, in which case densities identified in Beach by Design shall
Rovern. All densities in the coastal storm area and shall be consistent with
the Pinellas County Comprehensive Emergency Management Plan and the
Regional Hurricane Evacuation Study.
A.6.10.8 Optimize the potential of transit oriented development to support transit
investments and create livable and sustainable urban communities by
adhering to the following guiding principles in the planning, design, and
development of transit station area plans:
a. Community & Economic Development
(1) Recognize that each station area around a rail or fixed uideway
transit station is different and that each station area is located
within its own unique context and serves a defined purpose in the
context of the transit corridor and the regional transit system.
(2) Conduct a location-based market analysis for development
projections to identify land use mix and density/intensity of uses to
make more viable.
(3) Ensure the land uses along transit routes and station locations are
appropriate for the transit type.
(4) Establish a method for preparing transit station area plans that
engages multiple stakeholders including government agencies,
development interests and the public.
(5) Promote the implementation of transit station area plans through
regulatory and financial incentives, public-private partnerships,
joint/shared facilities, environmental remediation and property
aggregation.
(6) Consider the Clearwater Economic Development Strategic Plan
Exhibit A Ordinance Nd.tMI# 013
Attachment number 2
Page 9 of 11
goals when planning for transit station areas.
b. Land Use
(1) Mix complementary, compact and well-integrated land uses within
station areas and the area of influence up to one mile around
stations.
(2) Promote a range of higher-density and intensity uses in station
areas, including residential, office, service-oriented retail and civic
uses that support transit ridership and takes advantage of the major
public investment in transit.
(3) Provide greater flexibility for mixing uses and higher
density/intensity that is easier to implement than traditional
requirements and are able to respond to changing conditions.
(4) Provide a mixture of housing types affordable to households with a
range of incomes within station areas.
(5) Provide uses that serve the daily needs of residents, commuters
and visitors (e.gygrocery, laundry, banking, fitness centers, and
parks).
(6) Ensure appropriate transition in densities, intensities and building
heights, concentrating the highest densities closest to the transit
station and transitioning to lower densities at the edges of the
station area, especially when adjacent to lower-density
development (e.g. single-family neighborhoods).
(7) Require active uses that attract/generate pedestrian activity such as
retail and office on the ground floor of buildings, including
parking garages.
(8) Identify station area types that address transit technology,
community character, density/intensity and mix of land uses,
housing mix, and building heights.
(9) Discourage loss of industrial lands due to station area
development.
c. Mobility
(1) Make the pedestrian the focus of the transit oriented development
strategy without excluding vehicular traffic.
(2) Provide an extensive pedestrian system that minimizes obstacles,
provides connectivity with shorter walking distances, and provides
protection from the elements where appropriate.
(3) Create continuous, direct, safe, and convenient transit and
Exhibit A Ordinance Nd.tMI# 013
Attachment number 2
Page 10 of 11
pedestrian linkages, including walkways between principal
entrances of buildings and adjacent lots.
(4) Design the pedestrian network for the anticipated pedestrian level
of service. Provide wide sidewalks and unencumbered walkways
on key pedestrian corridors.
(5) Design streets to be multimodal "complete streets," with an
emphasis on pedestrian and bicycle safety, access and circulation.
Incorporate traffic calming and context sensitive street design, as
appropriate.
(6) Design an interconnected street network based upon a block
system, with blocks at the appropriate maximum length for the
station type.
(7) Provide pedestrian and bicycle networks to connect dead-end
streets, pass through long blocks, and create public pathway
station areas.
(8) Accommodate local and regional multimodal connections for all
des of vehicular transport, including, where applicable, trains,
buses, bicycles, cars, watercraft, aircraft and taxicabs.
d. Parking
(1) Require a coordinated approach to vehicular parking for all
developments within one mile of station locations.
(2) Develop area-wide parking strategies through a coordinated
approach to vehicular parking for all development within the
station area.
(3) Implement parking strategies, including shared and centralized
parking, and reduce parking requirements over time with the
option of implementing parking maximums as station area
development becomes increasingly integrated with transit service.
(4) Require transit station area plans or large-scale site plans to
include a parking plan that reduces the number of spaces as the
transit system evolves and station area development becomes
increasingly integrated with transit service.
(5) Discourage large surface parking lots within '/4 mile of transit
stations.
(6) Require structured parking within transit station areas, when and
where appropriate.
(7) Provide bicycle parking and encourage other bicycle amenities,
such as bicycle rental, and cyclist comfort stations.
10
Exhibit A Ordinance Nd.tMI#01 3
Attachment number 2
Page 11 of 11
(8) Provide park and ride facilities where appropriate.
e. Urban Design
(1) Use urban design to create sense of place, enhance community
identity_ and make attractive, safe and convenient environments
within station areas.
(2) Adopt building design guidelines based on street types such as
pedestrian priority streets where building fronts, doors, windows,
and elements that protect the pedestrian from rain and sun are
emphasized and secondary streets where buildings rears and
service areas may be tolerated.
(3) Require building frontage to be oriented to public streets or open
space with minimal setbacks.
(4) Require building entrances to be located to minimize the walking
distance between the transit station and the building entrance.
(5) Prohibit motor vehicle surface parking between building fronts and
public rights-of-way_
(6) Require clearly delineated pedestrian pathways through surface
parking lots to the transit station.
(7) Require parking structures to include active uses along the ground
floor street frontage.
(8) Incorporate sustainable technologies in station design and
operations, such as in lighting, signage, audio/visual, cooling,
waste management, landscape, and stormwater systems.
(9) Develop graphic wayfinding systems to facilitate visitor and
tourist navigation of station areas.
(10) Make safety, with the emphasis on pedestrian, bicycle and
Americans with Disabilities Act access, a key focus of the transit
oriented development strategy.
(11) Require open spaces to be engaging, high quality public
spaces that function as organizing features for buildings and
gathering places in station areas.
11
Exhibit A Ordinance Nd.tMI# 013
Attachment number 3
Page 1 of 3
MOTION TO AMEND ORDINANCE NO. 8201-10 ON SECOND READING
On pages 3 and 5, amend Amendment 1 of Exhibit A Attachment to Ordinance 8201-
10 as follows:
Amend following Policy A.2.2.1 of Goal A.2 of *the Plan on pages A-6-A-9 as described in the
attachment hereto:
Pamela K. Akin
City Attorney
October 21, 2010
Exhibit A Ordinance Nd.tMI# 013
Attachment number 3
Page 2 of 3
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Item # 13
Attachment number 3
Page 3 of 3
On pages 7-8, amend Amendment 2 of Exhibit A Attachment to Ordinance 8201-10 as follows:
Add following Objective and Policies to Goal A. 6 of the Plan on page A-21 as follows:
Policies
A.6.10.2 When the location of fixed-guideway transit stations and station typologies
have been determined through the process described in A.6.10.1,
dated an amendment to the Future Land Use Map will be processed by
the City to delineate the transit station area and apply the appropriate
Transit Oriented Development category _pursuant Policy A.2.2.1 and adopt
transit station area plans after consideration of input from a community
involvement process. A station area will generally comprise the area within
a '/2 mile radius (easy walking distance) of the transit station.
A.6.10.6 An appropriate ratio of residential and non-residential land uses in the
transit station area is critical to achieving a desirable jobs to housing
balance. The following land use targets shall guide future development
within transit station areas:
a. Transit Station Area Ty pe I: 20% Residential, 80% Nonresidential
b. Transit Station Area Ty pe II: 50% Residential, 50% Nonresidential
c. Transit Station Area Ty pe III: 80% Residential, 20% Nonresidential
d. Transit Station Area Ty pe IV: 60% Residential, 40% Nonresidential
A.6.10.7 Where a transit station area coincides with the Coastal Storm
population densities are restricted to the maximum density allowed by the
Future Land Use Map, except for specific areas identified in Beach by
Design: A Preliminary Design for Clearwater Beach and Design
Guidelines, in which case densities identified in Beach by Design shall
Rovern. All densities in the coastal storm area and shall be consistent with
the Pinellas County Comprehensive Emergency Management Plan and the
Regional Hurricane Evacuation Study,
A.6.10.68 Optimize the potential of transit oriented development to support transit
investments and create livable and sustainable urban communities by
adhering to the following guiding principles in the planning, design, and
development of transit station area plans:
Motion to Amend Ordinance No. 8201-10 On SecondkRM 0 3
?- Meeting Date: 10/21/20 10
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Adopt Ordinance 8197-10 on third reading, amending the future land use plan element of the Comprehensive Plan of the city to
change the land use designation for certain real property, consisting of a portion of a 131.05 acre site whose post office address is
3400 Gulf-to-Bay Boulevard from Institutional (I), Commercial General (CG), Preservation (P), Water/Drainage Feature,
Recreation/Open Space (R/OS), and Residential Low (RL) to Institutional (I), Preservation (P), Recreation/Open Space (R/OS),
and Water/Drainage Feature.
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 14
Attachment number 1
Page 1 of 2
ORDINANCE NO. 8197-10
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE
COMPREHENSIVE PLAN OF THE CITY, TO CHANGE THE
LAND USE DESIGNATION FOR CERTAIN REAL PROPERTY
LOCATED ON THE NORTH SIDE OF GULF-TO-BAY
BOULEVARD APPROXIMATELY 900 FEET EAST OF SOUTH
BAYSHORE BOULEVARD, CONSISTING OF A PORTION OF A
131.05 ACRE SITE, WHOSE POST OFFICE ADDRESS IS 3400
GULF-TO-BAY BOULEVARD, FROM INSTITUTIONAL (1),
COMMERCIAL GENERAL (CG), PRESERVATION (P),
WATER/DRAINAGE FEATURE, RECREATION/OPEN SPACE
(R/OS), AND RESIDENTIAL LOW (RL) TO INSTITUTIONAL (1),
PRESERVATION (P), RECREATION/OPEN SPACE (R/OS), AND
WATER/DRAINAGE FEATURE; PROVIDING AN EFFECTIVE
DATE [AMENDED MAPS].
WHEREAS, the amendment to the future land use plan element of the comprehensive
plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate,
and is consistent with the City's comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The future land use plan element of the comprehensive plan of the City of
Clearwater is amended by designating the land use category for the hereinafter described
property as follows:
Property
Land Use Category
See "Exhibit A" Attached From: Institutional (1), Commercial General
(CG), Preservation (P), Water/Drainage Feature,
Recreation/Open Space (R/OS),
And Residential Low (RL)
To: Institutional (1), Preservation (P),
Recreation/Open Space (R/OS),
and Water/Drainage Feature
(LUZ2010-06002 )
Section 2. The City Council does hereby certify that this ordinance is consistent with
the City's comprehensive plan.
Section 3. This ordinance shall take effect immediately upon adoption, subject to the
approval of the land use designation by the Pinellas County Board of County Commissioners,
and subject to a determination by the State of Florida, as appropriate, of compliance with the
applicable requirements of the Local Government Comprehensive Planning and Land
Development Regulation Act, pursuant to § 163.3189, Florida Statutes. The Community
Development Coordinator is authorized to transmit to the Pinellas County Planning Council an
application to amend the Countywide Plan in order to achieve consistency with the Future Land
Use Plan Element of the City's Comprehensive Plan as amended by this ordinance.
Item # 14
Ordinance No. 8197-10
Attachment number 1
Page 2 of 2
PASSED ON FIRST READING
PASSED ON SECOND READING
PASSED ON THIRD AND FINAL READING
AND ADOPTED
Approved as to form:
Frank V. Hibbard
Mayor
Attest:
Leslie K. Dougall-Sides Rosemarie Call
Assistant City Attorney City Clerk
Item # 14
Ordinance No. 8197-10
?- Meeting Date: 10/21/20 10
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Adopt Ordinance 8198-10 on third reading, amending the Zoning Atlas of the city by rezoning certain property consisting of a
portion of a 131.05 site whose property address is 3400 Gulf-to-Bay Boulevard from Institutional (I), Commercial (C), Reservation
(P), Low Density Residential (LDR), and Open Space/Recreation (OS/R) to Institutional (I), Preservation (P), and Open
Space/Recreation (OS/R).
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 15
Attachment number 1
Page 1 of 2
ORDINANCE NO. 8198-10
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE ZONING ATLAS OF THE CITY BY REZONING
CERTAIN PROPERTY LOCATED ON THE NORTH SIDE OF
GULF-TO-BAY BOULEVARD APPROXIMATELY 900 FEET EAST
OF SOUTH BAYSHORE BOULEVARD, CONSISTING OF A
PORTION OF A 131.05 ACRE SITE, WHOSE POST OFFICE
ADDRESS IS 3400 GULF-TO-BAY BOULEVARD, FROM
INSTITUTIONAL (1), COMMERCIAL (C), PRESERVATION (P),
LOW DENSITY RESIDENTIAL (LDR), AND OPEN
SPACE/RECREATION (OS/R), TO INSTITUTIONAL (1),
PRESERVATION (P), AND OPEN SPACE/RECREATION (OS/R);
PROVIDING AN EFFECTIVE DATE [AMENDED MAPS].
WHEREAS, the amendment to the zoning atlas of the City as set forth in this ordinance is
found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive
Plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following described property in Clearwater, Florida, is hereby rezoned, and
the zoning atlas of the City is amended as follows:
Property
Zoning District
See "Exhibit A" Attached From: Institutional (1), Commercial
(C), Preservation (P), Low Density
Residential (LDR), and
Open Space/Recreation (OS/R)
(LUZ2010-06002)
To: Institutional (1), Preservation
(P), and Open Space/Recreation
(OS/R)
Section 2. The City Engineer is directed to revise the zoning atlas of the City in
accordance with the foregoing amendment.
Section 3. This ordinance shall take effect immediately upon adoption, subject to the
approval of the land use designation set forth in Ordinance 8197-10 by the Pinellas County Board
of County Commissioners, and subject to a determination by the State of Florida, as appropriate,
of compliance with the applicable requirements of the Local Government Comprehensive
Planning and Land Development Regulation Act, pursuant to §163.3189, Florida Statutes.
Item # 15
Ordinance No.8198 -10
Attachment number 1
Page 2 of 2
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
Frank V. Hibbard
Mayor
Attest:
Leslie K. Dougall-Sides Rosemarie Call
Assistant City Attorney City Clerk
Item # 15
Ordinance No.8198 -10
?- Meeting Date: 10/21/20 10
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Approve a Professional Services Contract between the City of Clearwater and Imagine Global Consulting to provide tourism-
marketing services for the City of Clearwater, in the amount of $164,000 per fiscal year, and authorize appropriate officials to
execute same. (consent)
SUMMARY:
In the wake of changing market trends in tourism and a nationwide economic downturn, the Economic Development and Housing
Department assessed current market trends in tourism in order to determine how best the city can utilize its limited resources to
capture more visitors and strengthen awareness of the city's offerings as a premiere destination.
On July 16, 2010, the City released Request for Proposals 21-10, with the goal of selecting an experienced marketing and public
relations partner in directing future marketing, advertising, and public relations efforts (including social media) in an aggressive
and comprehensive manner to capture more visitors and strengthen the awareness of the city's attributes and offerings as a
vacation destination.
Twenty proposals were received on August 16, 2010. The Selection Committee was made up of the following: Brian Kramer,
General Manager Hyatt Clearwater Beach Resort and Spa; Gary Hallas, Tsunami Marketing; Ramona Hurley, RIH Consulting;
Joelle Castelli, Director of Public Communications, and Geri Campos Lopez, Director of Economic Development and Housing.
The Selection Committee met on August 30, 2010 to review and rank the proposals. Proposals were evaluated and ranked based on
experience, proven performance/similar work, ability to leverage dollar and relationships, creativity, and proposed plan for costs.
The top five firms were asked to present their proposals to the Selection Committee:
Absolute Thinking, Orlando, FL
C.C. Communications, Safety Harbor, FL
Clearwater Regional Chamber of Commerce, Clearwater, FL
FKQ Marketing and Advertising, Clearwater, FL
Imagine Global Consulting, New York, NY
After oral presentations were made on September 8 and 9, 2010, Imagine Global Consulting became the top-ranked firm.
Staff is recommending Imagine Global Consulting for the following reasons:
- Comprehensive approach to the scope of work with clear objectives, strategies and tactics
- Relationships with New York and other international media, including the German media (one of our key international feeder
markets)
- Creative ideas/concepts for public relations campaigns
- One full-time person dedicated to this account
- Excellent references from Pinellas CVB, State of North Carolina, and State of Texas
- Understanding of current travel trends (Instant Access, Value Driven, Late Bookings, Personalized Experiences, Social
Networks)
The Scope of Work will include developing a detailed action and activity-marketing plan aimed at increasing the brand awareness
for the City of Clearwater. IGC will promote Clearwater according to its unique selling points and defined niche markets.
They will also assist the City with the creative direction for an updated tourism website. As part of their monthly reports, IGC will
provide document progress made on performance goals and measures.
Cover Memo
The contract is for $160,000 inclusive of all advertising, marketing, and administration. In addition, $4,000 is for direct
reimbursable expenses. Item # 16
Type: Purchase
Current Year Budget?: Yes Budget Adjustment:
Budget Adjustment Comments:
Current Year Cost: $164,000 Annual Operating Cost:
Not to Exceed: Total Cost:
For Fiscal Year: 10 to 11
Appropriation Code Amount Appropriation Comment
0010-09216-530300-552-000- $164,000 Contractual Services
0000
Review Approval: 1) Clerk
None
$164,000
Cover Memo
Item # 16
Attachment number 1
Page 1 of 10
PROFESSIONAL SERVICES CONTRACT
THIS CONTRACT, entered into this day of October, 2010, by and
between the CITY OF CLEARWATER, a Florida municipal corporation, hereinafter
referred to as "City," P.O. Box 4748, Clearwater, Florida 33758 and Imagine Global
Consulting, an S corporation, hereinafter referred to as "IGC," 262 W. 38th Street, Suite
1401, New York, NY 10018.
WHEREAS, the City requested professional services through Request for
Proposals #21-10 seeking assistance from an experienced marketing and public
relations firm to direct marketing, advertising, and public relations activities to capture
more visitors and strengthen awareness of the City of Clearwater's attributes and
offerings as a vacation destination; and
WHEREAS, IGC agrees, pursuant to the Scope of Work as contained in Exhibit
"A" attached hereto, to conduct tourism marketing, advertising, and public relations
activities;
NOW THEREFORE, in consideration of the promises stated herein, the City and
IGC mutually agree as follows:
1. SCOPE OF PROJECT.
IGC agrees to provide professional services under the terms and conditions
described in attached Exhibit "A."
2. TIME OF PERFORMANCE.
The term of this Agreement shall be for a period of two (2) years ("Initial Term")
commencing on October 22nd, 2010 ("Commencement Date") and continuing through
October 21 st, 2012 ("Termination Date") unless earlier terminated under the terms of
this agreement. This Agreement may be extended for one (1) year under the same
terms and conditions by the mutual written agreement of both parties. In consideration
of City entering into this Agreement with IGC, IGC covenants with City that IGC shall
unequivocably, timely and without reservation, comply with the terms and conditions
Page 1 of 10
Item # 16
Attachment number 1
Page 2 of 10
and meet service level requirements as set out in EXHIBIT "A". IGC's failure to timely
comply with any of the obligations hereunder during the term of this Agreement shall be
deemed a material default resulting in termination of this Agreement.
3. COMPENSATION.
The City will pay IGC a sum of $160,000 per year inclusive of all advertising,
marketing and administration of the Scope of Work. The City will also reimburse up to
$4,000 all reasonable and necessary direct expenses. The City may, from time to time,
require changes in the scope of work of IGC to be performed hereunder. Such changes,
including any increase or decrease in the amount of IGC's compensation and changes
in the terms of this Contract which are mutually agreed upon by and between City and
IGC shall be effective when incorporated in written amendment to this Contract.
4. METHOD OF PAYMENT
IGC's invoices shall be submitted to the City for approval for payment on a
monthly basis, according to "Exhibit B". The City agrees to pay after approval under the
terms of the Florida Prompt Payment Act F.S. 218.70. The City's performance and
obligation to pay under this Contract is contingent upon an annual appropriation of the
City's budget.
5. NOTICES AND CHANGES OF ADDRESS
Any notice required or permitted to be given by the provisions of this Contract
shall be conclusively deemed to have been received by a party hereto on the date it is
hand delivered to such party at the address indicated below (or at such other address
as such party shall specify to the other party in writing), or if sent by registered or
certified mail (postage prepaid) on the fifth (5th) business day after the day on which
such notice is mailed and properly addressed.
Page 2 of 10
Item # 16
Attachment number 1
Page 3 of 10
Imagine Global Consulting
Name
Title
Address
Telephone #
Facsimile #
6. TERMINATION OF CONTRACT.
City of Clearwater
Geraldine Campos Lopez
Economic Development &
Housing Director
P.O. Box 4748
Clearwater, Florida 33758
(727) 562-4220
Telephone #
(727) 562-4075
Facsimile #
The City at its sole discretion may terminate this Contract by giving IGC a ten
(10) day written notice of its election to do so and by specifying the effective date of
such termination. IGC shall be paid for its services through the effective date of such
termination. Further, if IGC shall fail to fulfill any of its obligations hereunder, this
Contract shall be in default, the City may terminate the Contract, and IGC shall be paid
only for work completed.
7. INDEMNIFICATION AND INSURANCE.
IGC, at its own expense, shall procure and maintain the following insurance:
A. Commercial General Liability Insurance on an "occurrence" basis in an
amount not less than $1,000,000 combined single-limit Bodily Injury
Liability and Property Damage Liability, with media exclusions removed.
The City of Clearwater shall be an additional insured on this policy.
Page 3 of 10
Item # 16
Attachment number 1
Page 4 of 10
B. Automobile Liability Insurance in the amount of at least $1,000,000,
providing Bodily Injury Liability and Property Damage Liability; and
C. Workers' Compensation Insurance applicable to its employees for
statutory coverage limits, and Employers' Liability with a $500,000 limit,
which meets all applicable state and federal laws.
The parties recognize that IGC is an independent contractor. IGC agrees to
indemnify and hold harmless the City of, from, and against all liability and expense,
including reasonable attorney's fees, in connection with any and all claims whatsoever
for personal injuries or property damage caused by the negligent or deliberate act or
omission of IGC, its agents, officers, subcontractors, employees, and independent
contractors.
8. PROPRIETARY MATERIALS.
Upon termination of this Contract, IGC shall transfer, assign and make available
to City or its representatives all property and materials in IGC's possession belonging to
or paid for by the City.
9. INTERESTS OF PARTIES.
IGC covenants that its officers, employees and shareholders have no interest
and shall not acquire any interest, direct or indirect, which would conflict in any manner
or degree with the performance and/or provision of services required under the terms
and conditions of this Contract.
10. CONFORMANCE WITH LAWS.
IGC agrees to comply with all applicable federal, state and local laws during the
life of this Contract.
11. ATTORNEY FEES.
In the event that either party seeks to enforce this Contract through attorneys at
law, then the parties agree that each party shall bear its own attorney fees and costs.
Page 4 of 10
Item # 16
Attachment number 1
Page 5 of 10
12. GOVERNING LAW AND VENUE.
The laws of the State of Florida shall govern this Contract, and any action
brought by either party shall lie in Pinellas County, Florida.
Page 5 of 10
Item # 16
Attachment number 1
Page 6 of 10
IN WITNESS WHEREOF, the parties hereto have executed this Contract as of
the date set forth above.
Countersigned:
Frank V. Hibbard
Mayor
Approved as to form:
CITY OF CLEARWATER, FLORIDA
By:
William B. Horne II
City Manager
Attest:
Pam Akin Rosemarie Call
City Attorney City Clerk
Attest:
Print Name:
Page 6 of 10
Imagine Global Consulting
By:
Print Name:
Title:
Item # 16
Attachment number 1
Page 7 of 10
Exhibit A
Scope of Work
The Agency will place destination advertising in the Visit St.
Petersburg/Clearwater Area (Convention and Visitors Bureau) and, if
possible, Visit Florida Visitor Guides. Additional advertising will be placed on
the Visit St. Petersburg/Clearwater Area website
www.visitstpeteclearwater.com. Other advertising could include print,
television, and social media advertising.
The Agency will be responsible for updating content on the city's tourism
website currently at www.visitclearwaterflorida.com. IGC will also work in
coordination with the selected firm responsible for the re-design of the tourism
website and provide input for creative direction and assist the City with
developing new website editorial and content.
The Agency will:
o Promote the destination according to unique selling points and within
defined niche markets; IGC will develop a detailed action and activity plan
aimed at achieving the goals and objectives as set by the City of
Clearwater.
o Conduct tourism crisis communications if needed; IGC will provide the City
of Clearwater with on-going crisis management services to assist the team
in effectively identifying, assessing, addressing and diffusing anticipated
and unexpected crisis situations related to tourism.
o Further develop brand awareness for Clearwater among consumer and
travel trade media; IGC will develop and distribute press releases to the
U.S. media on a regular basis. IGC will update and maintain the City of
Clearwater press kit, including images, story ideas, fact sheets, recent
press releases etc.
o Develop and maintain client specific media, consumer and trade
databases. IGC proposes the development of a "travel deals" newsletter to
be distributed to the media, trade and consumers - a minimum of four
`special travel deals' per month.
o Build destination appeal of Clearwater and extend the reach of the
Clearwater brand via an integrated marketing program; IGC will
investigate a number of consumer marketing campaigns surrounding
specific themes throughout the year to increase brand awareness and
Page 7 of 10
Item # 16
Attachment number 1
Page 8 of 10
visitor numbers in the City of Clearwater. These campaign ideas will be
presented to the City for consideration.
o Increase online activities and exposure.
o Increase social media activities and presence; IGC will target social
networking platforms such as Facebook, Twitter, travel blogs and PR
marketplaces like HARO (Help a Reporter Out), an online media resource
that provides media leads. IGC will identify digital media activities that will
position the City of Clearwater as an innovator in online travel and lifestyle
communications. Develop social media promotion concepts with tourism
partners (hotels, airlines, etc) to promote special deals and packages.
o Take advantage of synergies between all departments of the City of
Clearwater by combining public relations, consumer marketing and sales
efforts, by using a calendar of events and campaigns planned by the City
of Clearwater. Assist event partners such as Clearwater Superboat
National Championship Festival, Clearwater Jazz Holiday, Foster Grant
Ironman World Championship 70.3, Outback Bowl Beach Day, etc with
public relations and marketing activities to increase national coverage.
o Support in-house marketing and public relations activities.
o Act as a first contact for media and as a clearinghouse for information;
IGC will provide a news bureau service not only to the City of Clearwater
but also to industry partners, to increase media coverage on every
possible aspect of the destination. This service will provide IGC the
opportunity to have as many news angles as possible to promote the City
of Clearwater.
o Monitor and counteract negative perceptions related to tourism crises
communication that may exist.
o Design and implement media events to leverage publicity for the City of
Clearwater. This may take the form of media luncheons and cocktail
events. IGC will conduct New York City based media and sales missions
during which no more than two designated Clearwater staff will meet
personally with top media and trade representatives in the market.
o Develop and manage at least one themed group press trip as well as six
highly customized tours for individual representatives of top tier media
outlets. Press trips, group and individual, are designed to highlight the
unique appeal of the City of Clearwater. IGC proposes supporting all
journalists already visiting the state by issuing press passes which
provides access to, or discounts at participating properties, restaurants,
etc.
Page 8 of 10
Item # 16
Attachment number 1
Page 9 of 10
o Conduct media calls. The personal touch of media and sales calls ensures
a close relationship with key media, travel agents and tour operators, an
essential PR and marketing tool.
The Agency will provide the City monthly reports on activities to include
updates on newly released travel trends and statistics as well as travel media
and social media trends.
The Agency will report on Performance Goals and Measures as part of the
Agency's monthly reporting requirements. IGC will track and report on
quantifiable statistics related to key objectives and detail a return on
investment on all initiatives. IGC will report on measures such as visitor
trends, number of website hits, number of email blasts, results of social media
campaigns and contests, amount of and number of destination advertising
placed, editorial placement, number of travel writers contacted and hosted,
results of event related marketing efforts, and number of stories produced.
Page 9 of 10
Item # 16
Attachment number 1
Page 10 of 10
Exhibit B
Payment Schedule
In consideration of the obligations undertaken by IGC, the City of Clearwater shall
pay IGC the sum of US $10,800 (ten thousand eight hundred US Dollars) per month
for the 24-month period from October 22, 2010 to October 21, 2012, to be invoiced
on a monthly basis.
IGC shall invoice the City of Clearwater on the first day of every month, to be due by
the 15th of the month.
Additional expenses incurred on behalf of the City of Clearwater shall all be at the
cost of the City and will not to exceed $30,400 per fiscal year. Such costs are only to
be incurred by IGC with prior written approval by the City of Clearwater.
These costs, which were previously approved by the City of Clearwater, shall be
paid along with the monthly payment and the agency shall send the description of
the costs incurred with at least 5 (five) days of advance of the date of the payment.
In addition to the flat-fee retainer, the City will reimburse IGC up to $4,000 per fiscal
year for approved reimbursable direct expenses (i.e. travel).
Page 10 of 10
Item # 16
?- Meeting Date: 10/21/20 10
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Award a contract (purchase order) to Pierce Manufacturing Inc. of Appleton, WI in the amount of $913,620 for the purchase of
two (2) new Pierce Heavy Duty Velocity Pumpers, in accordance with Sec. 2.564 - (1)(b)and(e), Code of Ordinances, - Other
governmental bid; authorize lease purchase in the amount of $864,221.06 under the city's Master Lease Purchase Agreement;
declare vehicle G2947 surplus to city needs; settle auto physical damage claim 10000201-0001 in the amount of $49,398.94;
amend the Fire Engines capital project budget to allow an additional purchase and authorize appropriate officials to execute same.
(consent)
SUMMARY:
Clearwater Fire and Rescue purchased five (5) front line fire engines in 1999 and established a capital improvement project to fund
the replacement of one of these units each year starting in Fiscal Year 2010. One unit was replaced in Fiscal Year 2010 under this
plan.
The second of these units, Engine 51 based at the Northwest Station, is ready for replacement. Funds in the amount of $470,000
are budgeted in capital project 316-91218, Fire Engine Replacement, for the purchase of this engine. Related debt payments are
budgeted in the department's 2010/2011 operating budget. The current unit will be surplused and retired due to its age and
condition.
At the present time, the Department desires to purchase an additional front-line engine to replace a reserve engine that was recently
damaged beyond repair. Reserve Engine 1 was purchased in 2004 for $211,726.10 for the reserve fleet. During a call in July, the
unit was damaged and due to the age of the unit and the damage sustained, it was determined to be a total loss. An amount of
$49,398.34 will be paid from the Central Insurance Fund as full and final settlement of the city's auto physical damage claim
10000201-0001. This unit will be declared surplus and is eligible as a trade-in to realize a discount on a new purchase. The
Department desires purchasing a heavy-duty front line unit to replace Engine 49, purchased in 1999, and will move the current
Engine 49 to the reserve fleet to maintain three required reserve units.
The full price for two units is $943,620.00, or $471,810 per unit. The manufacturer has offered a discount of $5,000 if identical
units are ordered at the same time and a $25,000 trade-in allowance on the totaled unit. These items reduce the purchase price to
the $913,620.00 requested above.
The current CIP project 316-91218, Fire Engine Replacement, has $470,000 of Lease Purchase funding available. The Department
proposes a First Quarter Budget Amendment to increase the CIP project by $443,620.00 to complete this purchase. The
amendment would include $394,221.06 of Lease Purchase funding and $49,398.94 of Insurance Claim Receipt revenue. By
scheduling delivery of the two engines after mid-year there will be sufficient debt funding available in the department's operating
budget to make one debt payment on each engine in Fiscal Year 2011. Annual debt costs of approximately $186,780 will be
budgeted in the department's fiscal year 2011/2012 and future budgets as necessary.
The County will reimburse the City for a portion of the purchase, approximately 12%, as the vehicle will support fire operations in
the unincorporated areas of the Clearwater Fire District.
The Department has determined the Pierce Heavy Duty Velocity Pumpers built by Pierce Manufacturing meets the operational
needs of the Department.
Estimated annual operating costs in the department's annual operating budget include fuel and routine garage charges for operating
the new vehicles. Garage charges on the new vehicles are expected to be less than on the replaced vehicles. Cover Memo
This purchase is a piggyback of Lake County Contract 08-0803.
Item # 17
The Pierce pumper is the City of Clearwater Fire and Rescue Department standard for the purpose of training and maintenance.
Custom components have been added to meet the needs of the fire district and surrounding municipalities.
Warranty: Limited 1 year warranty for 12 months free of defects in material and workmanship; 3 year warranty on the
Impel/Velocity custom chassis; lifetime on chassis frame crossmembers, Imp/Vel; 5 year on EVS transmission; 5 years on
command zone components, Chassis, Vel/Impel/Qtm/AXT; lifetime on UPF and water tank; 5 years on waterous (pump); 10 year
on S/S plumbing and standard paint; 10 yrs or 100,000 on vehicle cab and body; and 5 year or 100,000 mile warranty on engine
provided by Cummins.
Maintenance: Ten-8 Fire Equipment, Inc., a full service apparatus repair facility, will perform all of the warranty work. Our City's
General Services Division will perform routine maintenance and testing. Annual pump testing will be performed by our Logistics
Bureau in accordance with NFPA standards. Any additional repairs can be contracted through Ten-8 at an additional cost per their
service fee schedule.
A heavy-duty Velocity pumper apparatus provides exceptional pumping water capability, enhanced storage capability, lower
vehicle profile and will significantly up-grade the abilities of the unit it replaces.
The proposal for fire apparatus conforms to all Federal Department of Transportation (DOT) rules and regulations in effect at the
time of bid, and with all National Fire Protection Association (NFPA) Guidelines for Automotive Fire Apparatus as published at
the time of bid, except as modified by customer specifications. Pierce Manufacturing operates a Quality Management System
under the requirements of ISO 9001. The apparatus will meet the current NFPA 1901 recommendations and will maintain design
and operational features consistent with the department's needs.
Type: Purchase
Current Year Budget?: No
Budget Adjustment Comments:
Current Year Cost:
Not to Exceed:
For Fiscal Year:
864,221.00
913,620.00
10/01/2011 to 09/30/2012
Budget Adjustment: Yes
Annual Operating Cost: 236,780.00
Total Cost: 913,620.00
Appropriation Code Amount
0-316-91218-564000-522- 913,620.00
000
Bid Required?: No
Appropriation Comment
$864,221.06 LP Funds; $49,398.00 Insurance Funds
Bid Number:
Other
Other Bid / Contract: Bid Exceptions: Government
Bid
Review 1) Office of Management and Budget 2) Legal 3) Clerk 4) Financial Services 5) Clerk 6) Assistant City
Approval: Manager 7) Clerk 8) City Manager 9) Clerk
Cover Memo
Item # 17
Attachment number 1
Page 1 of 1
City Council Agenda
Council Chambers - City Hall
Meeting Date: 10/21/20 10
SUBJECT / RECOMMENDATION:
Amend City Council Policy 31, Enterprise Fund Transfer Payment, to increase the Gas System Dividend. (consent)
SUMMARY:
Staff recommends amending Policy 31, Enterprise Fund Transfer Payment as follows:
The Gas System Dividend will be a minimum of $ 4,000,000 1,700,000 plus a PILOT (Payment in Lieu of Taxes) fee of at least
$508,720. Such PILOT fee will be paid by the Gas System Franchise Fees to offset such PILOT payment. When the Gas System
Net Income less Bond Interest Earnings exceeds $-2:9 3.4 million for any fiscal year, the Gas Dividend payment for the next fiscal
year will be one half of that amount.
Type: Operating Expenditure
Current Year Budget?: Yes Budget Adjustment: None
Budget Adjustment Comm ents:
Current Year Cost: $1,700,000.00 Annual Operating Cost: $1,700,000.00
Not to Exceed: $1,700,000.00 Total Cost: $1,700,000.00
For Fiscal Year: 2010 to 2011
Appropriation Code Amount Appropriation Comment
0423-02064-590200-581- $274,510
000-0000
0423-02065-590200-581- $55,680
000-0000
0423-02077-590200-581- $69,090
000-0000
0423-02078-590200-581- $1,300,720
000-0000
Review Approval: 1) Legal 2) Clerk 3) Assistant City Manager ED 4) Clerk 5) City Manager 6) Clerk
Cover Memo
Item # 18
Attachment number 1
Page 1 of 1
Excerpt from City Council Policy, Budget section, showing proposed revisions to
the Enterprise Fund Transfer Payment provision as submitted by Clearwater Gas
System:
City Council Policy
Budget and Finance
1. Enterprise Fund Transfer Payment. It is a policy of the City Council that
the specific enterprise operations designated by the City Council shall
annually transfer to the General Fund an amount determined appropriate
to be considered reimbursement in lieu of taxes. The current rate is 5.5%
of prior year gross revenues.
April 1989 policy adopted by council members established this rate
at 4.5% of prior-year gross revenues. This proportionate rate was
adopted to accommodate growth, and replaced prior years' policy
of a prescribed dollar contribution. Other than the exceptions noted
below, the rate of 4.5% remained in effect until the City Council
adopted the amended rate of 5.5% in September 2005.
Upon adoption of the Gas Strategic Plan in fiscal year 1995196, the
Council agreed to replace the Gas Support contribution with a
franchise fee from natural gas customer accounts payable to the
General Fund. This, in combination with the Gas dividend, offered
the General Fund the same level of support as fiscal year 1995196.
The Gas System Dividend will be a minimum of $4,000,00 9 $1, 700, 000 plus a
PILOT (Payment in Lieu of Taxes) fee of at least $508,720. Such
PILOT fee will be paid by the Gas Franchise Fees to offset such
PILOT payment. When the Gas System Net Income less Bond
Interest Earnings exceeds &2-0 $3.4 million for any fiscal year, the Gas
Dividend payment for the next fiscal year will be one half of that
amount.
In September 2000, with the adoption of the 2001102 Annual
Operating Budget, the City Council expanded this policy, which had
previously been imposed only on the utility enterprises, to include
an annual payment in lieu of taxes from the Marine and Airpark
Fund. At the current time, the Parking Fund has not been imposed
such a payment.
Page 3
Item # 18
?- Meeting Date: 10/21/20 10
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Authorize a purchase order for payment of premiums under the City's 1% Life Insurance program for the continuation of group
life insurance plans with New York Life Insurance in the amount of $360,000 for the 36-month period from November 1, 2010, to
October 31, 2013, in accordance with Sec. 2.564(1)0), Code of Ordinances, Exceptions to bid and quotation procedure. (consent)
SUMMARY:
The City maintains a group life insurance benefit for employees, referred to as the 1% Life Insurance Program, under which the
City matches employee contributions for individual life insurance premiums in an amount not to exceed 1% of the employee's
annual salary. Of the present 1% Life Insurance participating vendors, only New York Life Insurance currently maintains
employee enrollment in numbers great enough that the total dollar amounts for employee and City contributions to premiums
require City Council approval authorizing a purchase order for payment. This purchase order will provide for funds to cover fiscal
years 2010, 2011, and 2012.
Type: Other
Current Year Budget?: None Budget Adjustment: None
Budget Adjustment Comments:
Current Year Cost: Annual Operating Cost:
Not to Exceed: $360,000 Total Cost:
For Fiscal Year: 2010 to 2012
Appropriation Code Amount Appropriation Comment
0-699-00000-218-315-000- $360,000
0000
Review 1) Financial Services 2) Office of Management and Budget 3) Legal 4) Clerk 5) Assistant City Manager 6) Clerk 7) City
Approval: Manager 8) Clerk
Cover Memo
Item # 19
Attachment number 1
Page 1 of 1
Pull
tl
P:I :ys?r
G?z:.iticr r,_ .
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+ .t-zed L,i. -
i
Item # 19
Meeting Date: 10/21/20 10
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Approve renewal of the City's Statutory Death Benefits Policy with The Hartford Financial Services Group providing accidental
death and disability coverages for all full-time Law Enforcement Officers, Firefighters, and applicable Administrators for the two-
year period from October 1, 2010 through September 30, 2012, at a pre-paid cost of $20,423. (consent)
SUMMARY:
The City's current policy with The Hartford to provide statutorily required accidental death and disability benefits to sworn Police
and Fire personnel expired on September 30, 2010. The City's Agent of Record, the Gehring Group, obtained quotes from The
Hartford and two other providers, Chubb and Chartis, for a renewal of the policy. The Hartford submitted the lowest quote and
offered a two-year premium rate of $20,423 on a pre-paid basis, which would result in a 30% savings from the City's current
annual premium rate for this insurance. Due to state regulations, insurance carriers cannot offer rate guarantees in excess of 24
months for AD and D cases.
This policy, effective for the two-year period from October 1, 2010 through September 30, 2012, provides for a statutorily
required increase in benefits at a discounted rate guaranteed for two years, with no annual renewal application requirement and the
ability to cancel the policy at any time with no penalty.
Type:
Other
Current Year Budget?: None
Budget Adjustment Comments:
Current Year Cost:
Not to Exceed:
For Fiscal Year: 2011 to 2012
Appropriation Code Amount
0590-00000-155130-000-000- $20,423
0000
Budget Adjustment: None
Annual Operating Cost:
Total Cost: $20,423
Appropriation Comment
Pre-paid
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 # 20
Grc?cip Pene'[its 'froir The 1-lartkird
PO Box 4-N.8
Clearwater, FL 3375,8-4748
ISSUed: `ref- eryiber 'i 5, 2010
lllroposa? Valid for 60 days
Expurtise tiviti ull eClual_
Benefits withalf burdpn '
Item # 20
Attachment number 1
Attachment number 1
Page 2 of 1f,;,"
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Walcoine w Vlartford
Our Company
The Hartford is one the largest life and disability insurance groups i the U.S. Its
investment portfolio is of the highest quality, and its financial returns continue earn
strong stable ratings i the Indust 2 Ion with a reputation for rock solid financial
stability, this carrier has become known for its innovation i developing products for
today's insurance climate.
A.M. Best sly Ft h A-
"Excellent" "Strong"
Standard & I?'oor's A M?oody's A3
"Strona" "Good"
1 The Hartford@ is The Hartford Financial Services Group, Inc. and its subsidiaries, including issuing
companies Hartford Life Insurance Company and Hartford Life and Accident Insurance Company. Policies
sold in New York are underwritten by Hartford Life Insurance Company. Home Office of both companies is
Simsbury, CT. All benefits are subject to the terms and conditions of the policy. Policies underwritten by the
issuing companies listed above detail exclusions, limitations, reduction of benefits and terms under which the
policies may be continued in force or discontinued. This brochure/presentation explains the general purpose
of the insurance described, but in no way changes or affects the policy as actually issued. In the event of a
discrepancy between this brochure and the policy, the terms of the policy apply. Complete details are in the
Certificate of Insurance issued to each insured individual and the Master Policy as issued to the policyholder.
Benefits are subject to state availability.
2 A.M. Best, last affirmed 3/24/10; Fitch, last affirmed 3/24/10; Standard & Poor's, last affirmed 3/24/10;
Moody's, last affirmed 3/24/10.
Statutory Insurance Proposal for City of Clearwater.
Page 2 of 17 Item # 20
Attachment number 1
Page 3of 1f,,-K
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EEgNe Ir :
® Class 1: All Full-time Law Enforcement Officers and Administrators of the Policyholder.
® Class 2: All Full-time Firefighters and Administrators of the Policyholder.
L,."iycut of Benefits:
HWli,; ardl Benefit Arn0)U: )t
Class 1 C-62 ADD $ 65,000
C-64 AD $ 65,000
C-31 VL 118 AD $ 190,000
Class 2 C-62 ADD $ 65,000
C-64 AD $ 65,000
C-31 VL 118 AD $ 190.000
Hazard Descriptions:
® C-62 In the Line of Duty Coverage
® C-64 Fresh Pursuit Coverage
® C-31 VL 118 Unlawful and Intentional Death Coverage
Benefits:
Additional ® Accident Total Disability - $100.00 weekly benefit
® Day Care - $5,000.00
® Education - $5,000.00
® Family Medical Premium Benefit - $5,000 per year, Maximum of 5 years
(Single case filing for this benefit will be completed upon receipt to bind coverage)
® Funeral Expense - $1,000.00
® Rehabilitation - 5% to a Max of $25,000
® Seatbelt - 5% to a Max of $25,000
® Spouse Education - $5,000.00
® Beneficiary Assist - Multiple Services
® Worldwide Travel Assistance - Multiple Services
® Medical Evacuation - Up to a combined max of $1,000,000
® Repatriation - Up to a combined max of $1,000,000
® Dismemberment Loss/Paralysis
Statutory Insurance Proposal for City of Clearwater.
Page 3 of 17
Item # 20
Attachment number 1
Page 4of 1f,,-K
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oii;cy Mo6ficat;onG:
The definition of injury under this plan is amended to include the following:
® Any occupational condition or impairment of health of a fireman or any law enforcement officer
or correctional officer caused by tuberculosis, heart disease, or hypertension resulting in death
shall be presumed to be accidental, suffered in the line of duty and to be a covered Injury. To
be entitled to this presumption, the definitions and requirements of Section 112.18 must be
met.
® Any firefighter, paramedic, emergency medical technician, law enforcement officer, or
correctional officer who suffers an occupational condition or impairment of health that is caused
by hepatitis, meningococcal meningitis, or tuberculosis, that requires medical treatment, and
that results in death shall be presumed to have been accidental and to be a covered Injury. To
be entitled to this presumption, the definitions and requirements of Section 112.181 must be
met.
® Any covered firefighter, paramedic, emergency medical technician, law enforcement officer, or
correctional officer who suffers an occupational condition or impairment of health that is caused
by exposure to a toxic substance, adverse results or complications from a smallpox
vaccination, or a mental or nervous Injury, that requires medical treatment, and that results in
death shall be presumed to have been accidental and to be a covered Injury. To be entitled to
this presumption, the definitions and requirements of Section 112.815 must be met.
This plan provides accidental death coverage for police officers and firefighters which is no less
restrictive than benefits specified by Florida statutes 112.19, paragraphs 2) a, b, c, f, and j and
112.191, paragraphs 2) a, b, c and i.
Exclusions:
This plan does not cover any loss resulting from:
1. Intentionally self-inflicted injury, suicide or attempted suicide, whether sane or insane (in
Missouri, while sane);
. War or act of war, whether declared or undeclared;
. Injury sustained while in the armed forces of any country or international authority.
Notes:
The sum of $1,000 for funeral and burial expenses required by Statute 112.19 2(f) is covered
under our policy as our coverage is no less restrictive than benefits specified by Florida
statutes 112.19, paragraphs 2) a, b, c, f, and j and 112.191, paragraphs 2) a, b, c and i.
If coverage is bound, the Family Medical Premium Benefit will need to be filed as a single case
filing with the State of Florida. This process typically takes 3-4 weeks upon complete
information being presented to the State. If the state does not approve this benefit for any
reason, we will increase the ADD amount for Hazard C-62 (in the line of duty) by $25,000 to
compensate until the benefit is filed and approved by the State of Florida.
Statutory Insurance Proposal for City of Clearwater.
Page 4 of 17
Item # 20
Attachment number 1
Page 5of 1f,,-K
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Prernium T rm Prerniurn
2 Year Rate Guarantee Paid $10,779
In Annual Installments of:
2 Years Prepaid Premium: $20,423
If you would like to see this regulation by the state, we would be more than happy to provide it.
Assumptions
"Assumption" means something taken for granted or accepted without proof; a supposition; a valid
assumption.
® The following are the assumptions FL. Hartford standard filed contract language applies
unless approved in advance by Underwriting. State filings or specially drafted contract
language is not assumed in the quoted rates.
® The Hartford reserves the right to re-price:
- if the sold plan design differs from the proposed/quoted plan design
- for changes in State or Federal Insurance regulations
- if a material misstatement of the information provided in the RFP, bid specifications, claim
experience, or plan of benefits is discovered post-sale
® Assumes claims incurred prior to the effective date of the contract will be the liability of the
prior carrier.
All Assumptions must be verified/confirmed prior to binding coverage. The quote will not be binding
until all missing information is received, reviewed, and approved in writing by The Hartford.
It is our company policy not to accept any "last look" opportunity that is not also provided to other
carriers. If you decide to provide other carriers with the opportunity to make a best and final offer
we would also appreciate the opportunity to do so.
Statutory Insurance Proposal for City of Clearwater.
Page 5 of 17 Item # 20
Attachment number 1
Page 6of 1f,,-K
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A
Accidental Death & Dismemberment Benefits
What Losses r Covered?
If an Insured Person's injury results in any of the following losses within the Loss Period of 365
days after the date of accident, this personal accident plan will pay the sum shown opposite the
loss. We will not pay more than the Principal Sum for all losses due to the same accident.
For (Loss of
Life
Both Hands or Both Feet or Sight of Both
One Hand and One Foot
Speech and Hearina
The Principal Sum
The Principal Sum
The Principal Sum
The Principal Sum
Either Hand or Foot and Sight of One Eye
Movement of Both Upper and Lower Limbs
(Quadriplegia)
Movement of Both
Lower Limbs (Paraplegia)
Movement of Both Upper and Lower Limbs of
One Side of the Bodv (Hemir)leaia)
Either Hand or Foot
Siaht of One E
Speech or Hearing
Thumb and Index Finger of Either Hand
The Principal Sum
The Principal Sum
Three-Quarters of The Principal Sum
One-Half of The Principal Sum
One-Half of The Principal Sum
One-Half of The Principal Sum
One Half of The Principal Sum
One-Quarter of The Principal Sum
Loss as with regards to hands and feet, actual severance through or above the wrist or ankle
joints; sight, speech, or hearing, entire and irrecoverable loss thereof; with regard to thumb and
index finger, actual severance through or above metacarpophalangeal joints, movement of limbs,
complete and irreversible paralysis. Injury means a bodily injury resulting directly and
independently of all other causes from an accident. Loss resulting from sickness or disease, or
medical or surgical treatment of a sickness or disease is not covered. The accident must occur
while an insured is covered under the policy. We will not pay more than the Principal Sum for all
losses due to the same accident.
Exposure Disappearance
We will pay for a loss if an Insured is exposed to the elements because of a covered accident due
to forced landing, stranding, sinking or wrecking of a conveyance in which the insured was an
occupant at the time of the accident. We will presume an insured suffered a loss of life if his or her
body has not been found within one year after a covered accident involving the disappearance of a
conveyance in which the insured was an occupant at the time due to accidental forced landing,
stranding, sinking or wrecking.
Statutory Insurance Proposal for City of Clearwater.
Page 6 of 17 Item # 20
Attachment number 1
Page 7 of 1f,;,"
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111cs"Iness txave)", flu? ent
Accidentai Daath n
If an Insured Person's injury results in loss of life, we will pay the Principal Sum shown in the
Layout of Benefits.
Disappearance
An Insured Person will be presumed to have suffered loss of life if
a) his or her body has not been found within one year after the disappearance of a conveyance in
which he or she was an occupant at the time of its disappearance;
) the disappearance of the conveyance was due to its accidental forced landing, stranding,
sinking or wrecking; and
c) this policy would have covered injury resulting from the accident.
Statutory Insurance Proposal for City of Clearwater.
Page 7 of 17 Item # 20
Attachment number 1
Page 8of 1f,,-K
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Hazards
-6 (I the Line of Duty Coverage While On The Business of The Policyholder):
This Hazard covers Injury resulting from:
a) an accident; and
) an accident while the Insured Person is on, boarding or alighting from a Civil Aircraft
or MAC Aircraft; or
c) being struck by an aircraft;
which occurs anywhere in the world while On the Business of the Policyholder.
On the Business of the Policyholder means business while on assignment by or at the
direction of the Policyholder whether on or off the premises of the Policyholder for the
purpose of furthering the business of the Policyholder.
-6 (Fresh Pursuit Coverage for lice Officers and Firefighters While The
Business of the Policyholder): This Hazard covers Injury which:
a) for law enforcement, correctional, or correctional probation officers results in Accidental
Death that occurs:
1. as a result of the officer's response to fresh pursuit;
. as a result of the officer's response to what is reasonably believed to be an
emergency;
. at the scene of a traffic accident to which the officer has responded; or
. while the officer is enforcing what is reasonably believed to be a traffic law or
ordinance.
) for firefighters, results in Accidental Death as a result of the firefighter's response to
what is reasonably believed to be an emergency involving the protection of life or
property.
Fresh Pursuit means the pursuit of a person who has committed or is reasonably
suspected of having committed a felony, misdemeanor, traffic infraction or violation of a
county or municipal ordinance. Fresh Pursuit shall not necessarily imply instant pursuit,
but pursuit without reasonable delay.
-1 L 118 (Unlawful and Intentional ea While The Business Of The
Policyholder): This Hazard covers death resulting from the unlawful and intentional killing
of the Insured Person which occurs anywhere in the world:
a) in the performance of actual duties; and
) while on the business of the Policyholder.
The term "while on the business of the Policyholder" as used herein means while on
assignment by or at the direction of the Policyholder whether on or off the premises of the
Policyholder, for the purpose of furthering the business of the Policyholder.
Statutory Insurance Proposal for City of Clearwater.
Page 8 of 17 Item # 20
Attachment number 1
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j%6,difonal ® Accident Total Disability Benefit: We will pay the Weekly Benefit (80% of salary) for
each week of an Insured Person's Total Disability. Payment will not exceed the Maximum
Payment Period (104 weeks).
Total Disability must result from an injury, and begin within 30 days after the accident
which requires the regular care of a legally qualified physician. For Total Disability of less
than one week, one-seventh of the Weekly Benefit will be paid per day.
Total Disability means the complete and continuous inability of the Insured Person to
perform all the duties of his or her regular occupation.
® a Care Benefit: A Day Care Benefit is paid if:
a) We pay a death claim for the unlawful and intentional death of the Insured Person;
) the Insured Person had a Dependent Child under age 11 at the time of death; and
c) proof of enrollment in a Day Care Program is provided as described below.
Payment will be made to the person who has legal physical custody of the dependent child
and who has primary responsibility for the dependent child's expenses. Payment will be
made in accordance with the Claims provision of the Policy.
Proof of enrollment for each child in a Day Care Program may be in the form of, but will not
be limited to, the following: (a) a copy of the child's approved enrollment application in a
Day Care Program; or (b) canceled check(s) evidencing payment to a Day Care facility or
Day Care Provider; or (c) a letter from the Day Care facility or Day Care provider stating
that the child is attending a Day Care Program or has been enrolled in a Day Care
Program and will be attending within 365 days of the date of the Insured's death.
Proof of enrollment must be sent to us prior to the last day of the 12th month on or next
following the date of the Insured's death.
One Day Care Benefit payment will be made each year, for a maximum of 2 Day Care
Benefit payments, for each Dependent Child.
The Day Care Benefit is the lesser amount of: (a) $5,000.00; or (b) the actual cost charged
per year by the Day Care Program.
Day Care Program means a program of child care which: (a) is operated in a private
home, school or other facility; and (b) provides, and makes a charge for, the care of
children; and (c) is licensed as a Day Care center or is operated by a licensed Day Care
provider, if such licensing is required by the state or jurisdiction in which it is located; or (d)
if licensing is not required, provides child care on a daily basis for 12 months a year.
Child or Children means the Insured's unmarried child, stepchild, legally adopted child,
child in the process of adoption or foster child who is less than age 11 and primarily
dependent on the Insured for support and maintenance.
Statutory Insurance Proposal for City of Clearwater.
Page 9 of 17 Item # 20
Attachment number 1
Page 10 of =T. -
Ao-
Education Benefit: If a Principal Sum is payable under the Accidental Death and
Dismemberment Benefit because of the Insured Person's death due to an unlawful and
intentional act, We will pay an Education Benefit to each Student as follows:
A Student is a person for whom we receive proof that he or she:
a) is the Insured Person's Dependent on the date of his or her death; and
) is a full-time post-high school Student in a school for higher learning on the date of the
Insured Person's death; or
c) became a full-time post-high school Student in a school for higher learning within 365
days after the Insured Person's death and was a Student in the 12th grade on the date
of the Insured Person's death.
He or she is not considered to be a Student after the first to occur of:
a) our payment of the 4th Education Benefit to or on behalf of that person; or
) the end of the 12th consecutive month during which We have not received proof that
he or she is a Student.
The Education Benefit is an amount equal to the lesser of:
a) $5,000.00 per year; or
) the actual annual tuition, exclusive of room and board, charged by the institution of
higher learning per school year.
We will not pay more than one Education Benefit to any one Student during any one school
year.
The Education Benefit is payable to each Dependent:
a) on the date; and
) for whom;
we receive proof that he or she is a Student.
Child or Children means the Eligible Person's unmarried child, stepchild, legally adopted
child, child in the process of adoption or foster child:
a) who is less than age 19 and primarily dependent on the Eligible Person for support and
maintenance; or
) who is at least age 19 but less than age 25 who:
1. regularly attends an institution of learning; and
. is primarily dependent on the Eligible Person for support and maintenance.
Statutory Insurance Proposal for City of Clearwater.
Page 10 of 17 Item # 20
Attachment number 1
Page 11 of,T. -,
Ao-
Family Medical Premium Benefit (subject state approval): If a covered individual
suffers a catastrophic injury or loss of life in the line of duty that is payable under this policy,
and such loss is a result of:
1) an act of violence committed by another person while the insured is engaged in the
performance of your duties;
2) an assault under riot conditions; or
3) the insured's response to fresh pursuit, the insured's response to what is reasonably
believed to be an emergency, or an unlawful act perpetrated by another;
this benefit provides an annual reimbursement for the dependents' health insurance
premium for the specified duration and up to the specified annual maximum.
Dependent means:
1) the spouse or domestic partner who is not legally separated or divorced from the covered
individual on the date of the accident; and
2) a dependent child until the end of the calendar year in which he or she reaches the age of
25, and
a) at the time of loss, the child was dependent upon the covered individual for support; and
b) the child continues to be dependent for support, or the child is a full-time or part-time
student and is dependent for support.
We must receive Proof of Loss, in accordance with the provisions of the Policy within 12
months of the covered individual's catastrophic injury/death.
The benefit amount will be the lesser of $5,000 or the annual actual cost of the
dependents' health insurance premium each year, for a maximum of 5 years.
Proof of payment of health insurance premium must be submitted annually.
If, within that 5-year period:
1) the spouse dies or remarries; or
2) the dependent child is no longer dependent for support, dies or reaches the end of the
calendar year in which he or she reaches the age of 25,
the benefit will not longer be payable for that person's portion of the health insurance
premium, and the benefit amount shall be re-determined.
® Rehabilitation Benefit: If an Insured Person's injury results in any loss payable under this
policy, other than loss of life, within the Loss Period 365 days after the date of accident, we
will pay a benefit equal to the lesser of the Expense Incurred for Rehabilitative Training; a
Percentage of the Insured Person's Principal Sum (5%); or the Maximum Amount
($25,000) for Rehabilitative Training. The expense must be incurred within 2 years of the
date of accident.
Rehabilitative Training means any training which is required due to the Insured Person's
injury and prepares the Insured Person for an occupation in which he or she would not
have engaged except for the injury.
Expense Incurred means the actual cost of the training and materials needed for the
training.
Statutory Insurance Proposal for City of Clearwater.
Page 11 of 17 Item # 20
Attachment number 1
Page 12 of,T. -,
y?x
111cs"Iness txave)", flu? ent
® eat el Benefit: If an employee sustains an Injury that results in a Loss payable under
the AD&D Benefit, this benefit provides an additional Seat Belt benefit. The Injury must
occur while the injured person was a passenger riding in; or the licensed operator of a
properly registered Motor Vehicle and was wearing a Seat Belt at the time of the Accident
as verified on the police accident report - Pays 5% of the Principal Sum up to a maximum
of $25,000.
This benefit does not cover losses if the covered person is under the influence of any
intoxicant, excitant, hallucinogen or any narcotic or other drug, or similar substances as
verified in the police accident report, and is operating the automobile.
® Spouse Education Benefit: A Spouse Education Benefit is paid to the Spouse if we pay a
death claim for the Insured Person's unlawful and intentional death.
The Insured Person's Spouse, to qualify for this Education Benefit, must enroll in an
Occupational Training program within one year of the date of the Insured Person's death
for the purpose of obtaining an independent source of income.
The Education Benefit is an amount equal to the lesser of: (a) $5,000.00; or (b) the
Expense Incurred for Occupational Training.
The expense must be incurred within 3 years of the date of the Insured Person's death.
We will pay the Education Benefit due immediately after we receive proof that the Insured
Person's Spouse has enrolled in an Occupational Training program.
Occupational Training means any educational, professional, or trade training program
which prepares the Insured Person's Spouse for an occupation for which he or she
otherwise would not have been qualified. Expense Incurred means: (a) the actual tuition
charged, exclusive of room and board; and (b) the actual cost of the materials needed; or
the Occupational Training program.
Spouse means the Insured Person's wife or husband who was not legally separated or
divorced from the Insured Person when he or she died.
Statutory Insurance Proposal for City of Clearwater.
Page 12 of 17 Item # 20
Attachment number 1
Page 13 of,T. -,
Ao-
AddiCona; SaMces
Identity Protection
Identity theft is one of the fastest growing crimes in the United States today and has been the top
consumer complaint received by the FTC for the seventh year in a row.' To protect our
policyholders the Hartford has added Identity Protection Support, provided by Trilegiant
Corporation4, to all Business Travel Accident policies at no additional charge. All eligible
employees are covered 24/7 - even while at home!
Recovering your identity can be overwhelming as well as costly, but the Hartford's Identity
Protection Support Service will provide the necessary assistance to cover all of the groundwork.
Our Identity Protection Support Service offers an array of identity fraud services to help victims
restore their identity.
Benefits Icl :
® A toll-free number for professional fraud support 24 hours a day.
® Access to a certified personal caseworker who follows the case until it is resolved.
® Overnight delivery of a personalized fraud resolution kit with instructions and resources for
identity theft victims.
® Access to emergency cash, travel planning, and message relay services.
Trilegiant will assist is
Contacting the three major credit reporting agencies to put a fraud alert on your credit files.
1. Notifying any companies where you maintain accounts that are affected by fraud.
2. Filing disputes regarding any inaccurate information in your credit report with the
appropriate credit reporting agencies.
3. Alerting the United States Postal Service should you suspect someone has filed a change
of address for you or has used the mail system to commit theft.
4. Contacting your local bank if you believe your checks have been stolen or forged.
5. Alerting the Social Security Administration if you suspect that someone has fraudulently
used your Social Security number.
6. Contacting the Securities and Exchange Commission if you have reason to believe your
investments were tampered with.
7. Notifying the Internal Revenue Service if you suspect the identity theft is somehow
connected to a tax violation.
This is a general description of the program. A more detailed explanation of the Identity Theft
Support Service, including exclusions and limitations, is available through your Hartford sales
contact.
3 Consumer Fraud and Identity Theft Complaint Data January - December 2006, Federal Trade Commission,
February 2007
4 is an affinity marketer of membership, insurance, package enhancement, and loyalty programs and services
since 1973.
Statutory Insurance Proposal for City of Clearwater.
Page 13 of 17 Item # 20
Attachment number 1
Page 14 of,T. -,
Ao-
Beneficiary Assist
After a loss, employees or their families may need help in dealing with complex personal issues.
For example, those who have lost a working spouse can find themselves suddenly forced to
assume new responsibilities and make difficult financial decisions.
To provide the support people need at a time of loss - in addition to a check - The Hartford offers
Beneficiary Assist, a service that combines grief, financial and legal counseling. Beneficiary Assist
is included with all group life and accident plans. Services are available to:
® Beneficiaries of an insured person who dies;
® Insured person who qualifies for benefits from a group accident policy because of accidental
injury.
Beneficiary Assist services are provided by ComPsychs, the largest provider of employee
assistance programs, managed behavioral health, work/life, and crisis intervention services.
ComPsych's clinical, legal, financial, and work/life experts are available 24 hours a day, 365 days a
year.
® All counselors hold a master's or PhD degree in counseling and are licensed in the states in
which they practice.
® Attorneys are licensed in their respective states.
Financial consultants are certified through the Institute of Certified Financial Planners.
5 Founded in 1984, ComPsych is the world's largest provider of global employee assistance programs (EAPs)
and is the pioneer and leading provider of fully integrated EAP, behavioral health, wellness, work-life, crisis
intervention services and outsourced HR solutions under the GuidanceResources brand.
Statutory Insurance Proposal for City of Clearwater.
Page 14 of 17 Item # 20
Attachment number 1
Page 15 of,T. - W
Ao-
Worldwide Travel Assistance
When you're traveling, emergencies can occur. Help is now only a phone call away with Europ
Assistance USA6 - a 24 hour toll free emergency service that can help you access emergency
assistance while you're traveling 100 miles or more from your primary home for 90 days or less. In
addition to emergency services, you have access to a wide range of pre-trip informational services.
This service is available absolutely free as part of The Hartford's Group Travel Plan.
What I r Assistance?
Europ Assistance is there when a crisis strikes. Multilingual service professionals stand ready to
assist travelers before and during travel to over 200 countries worldwide.
Worldwide Assistance Services, Inc. is part of the Europ Assistance Group which:
Q Has over 125 million covered members worldwide;
Q Completes over 8,000 emergency medical transports worldwide each year;
Q Handles over 36 million telephone calls each year (one call per second);
Q Handles over 6 million cases in one year (1 case every 5 seconds);
Q Employs over 400 medical professionals
hat Services r Offered?
Under Europ Assistance Services, you can receive three kinds of services - Emergency Medical
Assistance, Emergency Personal Services, and Pre-Trip Information.
Emergency Medical Assistance
® Medical Referrals - Refers you to Physicians, dentists, and medical facilities worldwide.
® Medical Monitoring - During the course of a medical emergency, professional case
managers, including physicians and nurses, will monitor your level of care and determine if
further intervention, medical transportation or possibly repatriation is needed.
® Medical Evacuation - Transportation to the closest medical facility that can provide an
appropriate level of care will be arranged and paid for if medically necessary.
® Repatriation - Transportation home for further medical treatment will be arranged and paid for
if medically necessary.
® Traveling Companion Assistance - If traveling companion's previously made travel
arrangements are lost due to your hospitalization, new arrangements will be arranged and
funded.
® Dependent Children Assistance - If, due to your hospitalization, your dependent children are
left unattended, travel arrangements will be made and funded for their return home with a
qualified escort if necessary.
® Visit by a Family Member or Friend - If you are traveling alone and are hospitalized for at
least 7 consecutive days or are in critical condition, travel arrangements will be made and
funded for a family member or friend to visit.
® Emergency Medical Payments - Advances funds to cover on-site medical expenses, upon
satisfactory guarantee of reimbursement.
6 Founded in 1963, Europ Assistance USA stands ready 24/7 to help its customers by providing rapid,
appropriate assistance to people in distress.
Statutory Insurance Proposal for City of Clearwater.
Page 15 of 17 Item # 20
Attachment number 1
Page 16 of,T. -,
Ao-
• Return of Mortal Remains - The proper return of remains for burial will be arranged and paid
for in the event of death while traveling.
® Replacement of Medication and Eyeglasses - Your prescription or eyeglasses will be
replaced if lost, stolen, or used up, subject to local law, whenever possible. Payment for the
prescription medication, eyeglasses or any shipping expense is your responsibility.
Emergency Personal Services:
® Sending and Receiving Emergency Messages - Emergency messages can be relayed to
and from friends, relatives and business associates toll-free 24 hours a day, 7 days a week
through the Worldwide Assistance Customer Service Center.
® Emergency Travel Arrangements - Makes new travel arrangements or changes airline, hotel
and care rental reservations.
® Emergency Cash - Advances fund upon satisfactory guarantee of reimbursement.
® Locating Lost or Stolen Items - Assists in locating and replacing lost or stolen luggage,
documents and personal possessions.
® Legal Assistance - Assists in locating an attorney. Payment of attorney fees is your
responsibility.
® Bail Advancement - Advances funds for bail, where permitted by law, upon satisfactory
guarantee of reimbursement.
® Interpretation/Translation - Provides telephone translation or locates interpreter for all major
languages.
Pre-Trip Information:
® VISA, Passport, Inoculation and Immunization Requirements
® Cultural Information
® Temperature and Weather Conditions
® Embassy and Consular Referrals
- Foreign Exchange Rates
- Travel Advisories
- International "Hot Spots"
Limitations
Europ Assistance USA services are eligible for payment or reimbursement by Europ Assistance
only if Europ Assistance was contracted at the time of their service and arranged and/or pre-
approved the service.
Europ Assistance does not provide services or pay for expenses caused by or resulting from
certain situations, including suicide or attempted suicide, mental or emotional disorders unless
hospitalized, war, participation in any military maneuver or training exercise, piloting an aircraft,
commission of or the attempt to commit a criminal act, traveling to obtain medical services or
treatment, being under the influence of drugs or intoxicants unless prescribed by a physician,
pregnancy or childbirth (except for complications of pregnancy), injury or illness that can be treated
locally and does not prevent the continuing of the trip, participation as a professional in athletics,
and assistance not shown as covered.
Europ Assistance USA is not affiliated with The Hartford. Neither Europ Assistance USA, nor The
Hartford are liable for negligence or other acts of omission by any recommended medical
professionals, medical facilities, or legal counsel.
Statutory Insurance Proposal for City of Clearwater.
Page 16 of 17 Item # 20
Attachment number 1
Page 17 of,T. - W
Ao-
Binding 1. Binding Information
•
® Please indicate which Premium option you desire:
a. 2 Year Annual Installment Plan
b. 2 Year Pre-Paid Plan
Effective Date of Coverage: October 1, 2010
Digitally signed by Kurt N Gehring
Kurt N G e h r i n g DN: a=side N Gehring, o=Gehring Group,
Authorization l Signatures ou=President CEO,
email=kurt@gehringgroup.com, c=US
® Producer: Date: 2010.09.2311:19:52-04'00'
Date: September 23, 2010
Please send Agreement attention, Tiffany Lynch via:
• Email: Tiffany.Lynch@hartfordIife.com
• Fax: (860) 380-3382
*Please note that our Statutory accounts are agency billed. This means that once a month, your
office will receive a statement from The Hartford billing department notifying you of the amount due
on all of your open accounts with us.
Policyholder's Contact Information
Printed Name: Allen Del Prete
hone umber: (727) 562-4876
Email Address: allen.delprete@myclearwater.com
Statutory Insurance Proposal for City of Clearwater.
Page 17 of 17
Item # 20
?- Meeting Date: 10/21/20 10
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Approve the Agreement between the City and Connecticut General Life Insurance Company (CIGNA) authorizing the City's
participation in the Federal Early Retiree Reimbursement Program to be effective as of June 1, 2010 and authorize the appropriate
officials to execute same. (consent)
SUMMARY:
Under the Federal Affordable Care Act, a new program called the Early Retiree Reinsurance Program has been established to
provide financial relief to employers, including local governments, in order to help retirees and their families continue to have
quality, affordable health coverage. Applicants who are approved to participate in the program receive reinsurance payments for
health benefit claims for retirees age 55 and older who are not yet eligible for Medicare, and their spouses, surviving spouses, and
dependents. The amount of reimbursement to the employer is 80 percent of the medical claim costs between $15,000 and $90,000
for the health benefits of a covered individual. Claims dating back to June 1, 2010 can be submitted as of September
2010. Approved applicants can use these funds to provide premium relief and other health care cost relief to their retirees and
workers and their families, to offset increases in their own health care premiums or costs, or a combination of these purposes.
The City has been approved for participation in the program. CIGNA has calculated an estimated valuation of the City's potential
reimbursements to be between $181,000 and $302,000 for the 2010 plan year, and between $311,400 and $519,000 for plan year
2011. Reimbursement proceeds may be used by the City to reduce health benefits premiums or costs, reduce health benefit
premium contributions, copayments, deductibles, coinsurance or out-of-pocket costs for plan participants, or any combination of
these. The City may not use any ERRP reimbursements as general revenue. Under this Agreement, CIGNA shall provide the City
with services related to the program, to include monthly reporting of applicable claim data in the Health and Human Services
Department required format, at a cost to the City of $7,500 per year.
Review Approval: 1) Assistant City Manager 2) City Manager 3) Clerk
Cover Memo
Item # 21
Attachment number 1
Page 1 of 8
EARLY RETIREE REIMBURSMENT PROGRAM AGREEMENT
This Early Retiree Reimbursement Program Agreement (hereinafter
"Agreement") is by and between Connecticut General Life Insurance
Company ("Connecticut General") and City of Clearwater ("Sponsor"),
and is effective as of June 1, 2010 ("Effective Date").
WHEREAS, Connecticut General administers or insures claims for
Health Benefits (defined herein) to Early Retirees (defined herein)
in accordance with the terms of Sponsor's Employment-Based Plan
(defined herein) (the "Plan");
WHEREAS, Connecticut General and Sponsor have entered into an
administrative services only agreement ("ASO Agreement") or
insurance contract ("Insurance Policy") with respect to the Plan;
and
WHEREAS, Sponsor and Connecticut General desire that Connecticut
General perform certain services described herein on Sponsor's
behalf to facilitate Sponsor's receipt of reimbursements under the
Early Retiree Insurance Program (the "Program"), which was
established by Section 1102 of the Patient Protection and Affordable
Care Act (the "Act") and administered by the U.S. Department of
Health and Human Services ("HHS").
NOW, THEREFORE, in consideration of the mutual promises and
covenants contained herein, it is hereby agreed as follows:
1. Definitions. The following terms shall have the definitions set
forth in 45 CFR §149.2: Certified; Chronic and High-Cost Condition;
Early Retiree; Employment-Based Plan; Health Benefits; Plan
Participant.
2. Term. This Agreement is effective as of the Effective Date and
shall continue in effect for so long as the parties' ASO Agreement
or Insurance Policy, as the case may be, remains in effect unless
this Agreement is terminated earlier as set forth in Section 3
below.
3. Termination. This Agreement will terminate upon the earlier of
any of the following events:
a) the date the Plan terminates;
b) the date on which federal funds are no longer available to
enable the Program to provide reimbursements;
c) at any time, on thirty (30) days' prior written notice by one
party to the other; or
d) any other date mutually agreeable to the Sponsor and
Connecticut General.
Iterh # 21
Attachment number 1
Page 2 of 8
The parties' respective rights and obligations
termination of this Agreement, except for those
survive termination as set forth herein.
will terminate upon
which expressly
4. Services. Connecticut General will provide the services
described in Exhibit A to this Agreement in return for the
compensation set forth in Exhibit A and other good and valuable
consideration.
5. Sponsor's Representations and Warranties. Sponsor represents
and warrants all of the following:
a) Sponsor has a written agreement with Connecticut General
regarding disclosure of information, data, documents, and
records, to HHS.
b) Sponsor acknowledges that any information it submits to HHS to
participate in the Program and request reimbursement from the
Program will be for the purpose of obtaining Federal funds.
c) Sponsor will use all reimbursements it receives under the
Program to reduce premium contributions, co-payments,
deductibles or other out-of-pocket costs for Plan Participants
(defined herein) and/or to reduce Health Benefit or Health
Benefit premium costs for Sponsor.
d) Any and all information that Sponsor provides Connecticut
General for Connecticut General to submit to HHS on Sponsor's
behalf, or on which Connecticut General bases a submission to
HHS on Sponsor's behalf, is and shall be true, accurate and
complete.
e) In connection with Sponsor's participation in the Program,
Sponsor is and will remain (and will ensure that the Plan is
and will remain) in compliance with all applicable obligations
under Section 1102 of the Act, the regulations thereto (45 CFR
§149.1, et seq.), and all applicable guidance and sub-
regulatory guidance promulgated by HHS in connection with the
administration of the Program.
6. Limitation of Liability; Indemnification.
a) Connecticut General's total aggregate liability to Sponsor for
any and all losses, damages (including any disapproval by HHS
in whole or in part of any request for reimbursement to
Sponsor under the Program or Sponsor's application to
participate in the Program), and expenses (including
attorneys' fees and costs) from any claim, however alleged or
arising, in connection with any service performed by
Connecticut General hereunder shall not exceed the total
compensation paid by Sponsor to Connecticut General under this
Agreement as of the date of the performance of such service.
b) Neither party hereto shall be liable to the other party, or to
any entity controlled by or under common with the other party,
for any consequential, indirect, or punitive damages,
including loss of future revenue, income or profits, either in
IteM # 21
Attachment number 1
Page 3 of 8
contract or tort, relating to the party's breach or alleged
breach hereof, whether or not the possibility of such damages
has been disclosed to the other party in advance or could have
been reasonably foreseen by the other party.
c) Sponsor will indemnify and hold harmless Connecticut General,
its directors, officers, agents and employees, and each of
Connecticut General's subsidiaries and affiliates, and their
respective directors, officers, agents and employees
(collectively, "Indemnitees") for any and all claims any of
the Indemnitees may incur arising out or of in connection with
any breach of Sponsor's obligations, representations or
warranties under this Agreement, or any act or omission by
Sponsor or by a third party on Sponsor's behalf arising out of
or in connection with Sponsor's participation in the Program.
Any such indemnification by Sponsor shall only be to the
extent permitted under Chapter 768, Florida Statutes, and
shall not constitute a waiver of any statutory or
constitutional sovereign immunity protection.
7. Entire Agreement, Modification of Agreement. This Agreement
constitutes the entire contract between the parties relative to the
subject matter hereof and no modification or amendment hereto shall
be valid unless in writing and signed by an officer of each of the
parties.
8. Laws Governing Contract. Except as otherwise stated, this
Agreement shall be governed by and construed in accordance with the
laws of the State of Connecticut to the extent they are not
preempted by Employee Retirement Income Security Act (ERISA) or the
Patient Protection and Affordable Care Act and regulations,
guidance, and sub-regulatory guidance promulgated thereto.
9. Resolution of Disputes; Arbitration.
(a) It is understood and agreed that any dispute, controversy
or question arising under this Agreement shall be referred for
decision by arbitration in Hartford, Connecticut by an
arbitrator selected by the parties. The proceeding shall be
governed by the Rules of the American Arbitration Association
then in effect or such rules last in effect (in the event such
Association is no longer in existence). If the parties are
unable to agree upon such an arbitrator within thirty (30)
days after either party has given the other party written
notice of its desire to submit the dispute, controversy or
question for decision, then either party may apply to the
American Arbitration Association for the appointment of an
arbitrator or, if such Association is not then in existence or
does not desire to act in the matter, each party shall appoint
an arbitrator of its choice. The appointed arbitrators will
select a third arbitrator to hear the parties and settle the
dispute, controversy or question. The compensation and
expenses of the arbitrator(s) and any administrative fees or
IteM # 21
Attachment number 1
Page 4 of 8
costs associated with the arbitration proceeding shall be
borne equally by the parties.
(b) Arbitration shall be the exclusive remedy for the
settlement of disputes arising under the Agreement. The
decision of the arbitrator(s) shall be final, conclusive and
binding, and no action at law or in equity may be instituted
by either party other than to enforce the award of the
arbitrator(s) or to assert a sovereign immunity claim, limited
or otherwise.
(c) This provision shall survive the termination of the
Agreement.
10. Third Party Beneficiaries. The Agreement is for the benefit of
Sponsor and Connecticut General and not for any other person. It
shall not create any legal relationship between Connecticut General
and any retiree, dependent or any other party claiming any right,
whether legal or equitable, under the terms of the Agreement or of
the Plan.
11. Waivers. No course of dealing or failure of either party to
strictly enforce any term, right or condition of this Agreement
shall be construed as a general waiver or relinquishment of such
term, right or condition. Waiver by either party of any default
shall not be deemed a waiver of any other default.
12. Headings. Article, section, or paragraph headings contained in
the Agreement are for reference purposes only and shall not affect
the meaning or interpretation of the Agreement.
13. Severability. If any provision or any part of a provision of
the Agreement is held invalid or unenforceable, such invalidity or
unenforceability shall not invalidate or render unenforceable any
other portion of the Agreement.
14. Survival. The following sections shall survive the termination
of this Agreement: Sections 1, 6, 7, 8, 9, 10, 12, 13, and 17.
15. Force Majeure. Connecticut General shall not be liable for any
failure to meet any of the obligations or provide any of the
services and/or benefits specified or required under the Agreement
where such failure to perform is due to any contingency beyond the
reasonable control of Connecticut General, its employees, officers,
or directors. Such contingencies include, but are not limited to,
acts or omissions of any person or entity not employed or reasonably
controlled by Connecticut General, its employees, officers, or
directors, acts of God, fires, wars, accidents, labor disputes or
shortages, and governmental laws, ordinances, rules or regulations,
whether valid or invalid.
16. Agreement Controlling. The parties understand and agree that
this Agreement will be the controlling document between the parties
regarding the subject matter hereof.
IteM # 21
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Page 5 of 8
17. Notices. Written notice required by the Agreement shall be
addressed as follows:
(a) To Connecticut General:
Attn: Kristi Davin
Title: Client Service Director
CIGNA HealthCare, Routing: B4SRS
900 Cottage Grove Road
Hartford, CT 06152
(b) To Sponsor:
Attn: Allen Del Prete
Title: Human Resources Manager
PO Box 4748
Clearwater, FL 33758-4748
18. Assignment. No assignment of rights or interests hereunder
shall be binding unless approved in writing by an officer of each of
the parties hereto, except that either party may transfer all of its
rights and interests hereunder to a subsidiary or an affiliate under
common control with such party.
IteM # 21
Attachment number 1
Page 6 of 8
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to
be executed in duplicate and signed by their respective officers
duly authorized to do so.
CONNECTICUT GENERAL LIFE INSURANCE COMPANY
By (Signed):
Name (Printed or typed):
Its:
Duly Authorized
Date:
CITY OF CLEARWATER, FLORIDA
By
William B. Horne II
Citv Manaaer
Approved as to form: Attest:
Leslie K. Dougall-Sides
Assistant Citv Attornev
Rosemarie Call
City Clerk
Iterh # 21
Attachment number 1
Page 7 of 8
EXHIBIT A
SERVICES AND COMPENSATION
Connecticut General will provide the following services to Sponsor:
1. One-on-one consultation on Sponsor's:
a) Application to participate in the Program;
b) Submission of reimbursement requests; and
c) Ongoing participation in the Program.
2. Invitations to Program information sessions presented or arranged
by Connecticut General, and distribution of Program-related
materials.
3. Delivery of reminders of upcoming Program events and deadlines.
4. Evaluation and assistance regarding documentation of Sponsor's
satisfaction of Program requirements for the establishment of
procedures and programs with respect to cost savings on chronic
and high-cost conditions.
5. Estimation of the amount of reinsurance to be received by Sponsor
under the Program, which is required to be included in Sponsor's
Program application.
6. Personalized strategy session to review available options for
appropriate use by Sponsor of the reimbursement amounts.
7. Documentation of Connecticut General's fraud, waste and abuse
policies and procedures applicable to the Plan, and helping
Sponsor gather such documentation and related data in the event
of an audit or other request by HHS or office of the Inspector
General to substantiate such policies and procedures and their
effectiveness.
8. Retention of records in Connecticut General's possession related
to Sponsor's participation in the Program for at least six years
after expiration of the then-applicable Plan year.
9. Helping Sponsor respond to requests by HHS or Office of the
Inspector General for records in Connecticut General's possession
with respect to information contained in Sponsor's application
for Program participation or claims in support of a request for
reimbursement submitted by Sponsor under the Program.
10. Monthly reporting of claim data on the Plan's Early Retirees
either:
a) To HHS in the HHS-required format; or
b) To Sponsor in the HHS-required format or Connecticut
General's standard paid-claims file format.
Compensation:
The compensation payable to Connecticut General for the services
described on this Exhibit A shall be $7,500 annually, subject to the
following: (i) Connecticut General shall bill $3,500 within 60 days
following the submission of application by Sponsor to HHS and $334
monthly with the delivery of each monthly report for a total of 12
monthly reports, (ii), Sponsor shall pay the invoice in accordance
Item # 21
Attachment number 1
Page 8 of 8
with the Florida Prompt Payment Act, F.S. Secs. 255.0705-255.078,
(ii) Sponsor shall make no payment for any services provided under
the Agreement until Connecticut General delivers to Sponsor all
information and documents needed to complete the application to
participate in the Program, (iii) no compensation shall be due to
Connecticut General pursuant to this Agreement for any period after
the earlier of the dates set forth in Section 3 of this Agreement
and (iv) Connecticut General shall not provide monthly report or
bill for monthly reporting amount after HHS has stopped accepting
claim data for reinsurance purposes.
Iterh # 21
?- Meeting Date: 10/21/20 10
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Ratify and confirm the City Manager's approval to increase level of support for the Super Boat Offshore Boat Race from $28,280
to $28,573 to cover the loss of $293 in parking revenue. (consent)
SUMMARY:
On April 15, 2010, the City Council approved an agenda item for co-sponsorship and level of support for events to be held in
Fiscal Year 2010/2011 including the Super Boat Offshore Boat Race (SBOBR).
The Council approved supporting the SBOBR for $28,280. Sponsors discovered just recently that they needed some additional city
parking spaces on Papaya Street for race day to facilitate ESPN Radio covering the event live. The additional loss revenue will be
$293.
In order to make sure that the event, which was held October 2 - 3, 2010, went smoothly the City Manager approved increasing
support to SBOBR by $293 from $28,280 to $28,573.
Staff is recommending that Council ratify and confirm the City Manager's decision.
Review 1) Financial Services 2) Office of Management and Budget 3) Clerk 4) Assistant City Manager 5) Clerk 6) City
Approval: Manager 7) Clerk
Cover Memo
Item # 22
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Meeting Date: 10/21/20 10
Approve a Contract for Purchase of Real Property with Davna Investments, Ltd., d/b/a Davna Investment Limited Corporation, an
Ontario corporation, to purchase a 1.83 acre parcel of land addressed at 650 Old Coachman Road, Clearwater, lying and being
situated in the Southeast L/4 of Section 7, Township 29 South, Range 15 East, as particularly described therein, for the sum of
$320,000 plus estimated transaction expenses not to exceed $10,000; establish capital improvement project entitled Old Coachman
Road Park (315-93132) to be funded from Recreation Land Impact fees ($168,599), Open Space Impact fees ($72,465) and
unappropriated retained earnings of the General Fund ($88,936); and authorize the appropriate officials to execute same, together
with all instruments required to effect closing. (consent)
SUMMARY:
The use of Brighthouse Networks Field and the Carpenter Complex continues to grow and staff, as well as the Philadelphia
Phillies, believes there is a potential to expand facilities for future use. The only direction expansion can occur is to the West.
Staff is recommending the purchase of 1.83 acres of land located due west of Brighthouse Networks Field, which may be used for
additional grass parking for Spring Training games as well as temporary housing for coaches coming to Clearwater.
The purchase price was established by complete appraisal dated August 10, 2010 performed by state certified appraiser Robert E.
Riggins, MAI.
Contingent upon Council approval, the contract will become effective upon execution (Effective Date). The City is to deposit
$10,000 within 10 business days following the Effective Date. The deposit will be held in escrow pending closing, and is
refundable during the 45-day Inspection Period should the City terminate the Contract, as a result of its due diligence
investigations. Closing is to occur within 60 days following the Effective Date, unless terminated pursuant to other contract
provisions.
Recommended funding to come from available Recreation Land and Open Space Impact fees as well as $88,936 from
unappropriated retained earnings of the General Fund.
An amended Agreement between the Phillies and the City will be forthcoming regarding the use and maintenance of the property
to include the team's contribution as well as the team assuming all costs related to the ongoing maintenance of the site as well as
any facilities on the site.
Type: Capital expenditure
Current Year Budget?: No Budget Adjustment: Yes
Budget Adjustment Comments:
Create new CIP from existing recreation impact fees and unappropriated retained earnings.
Current Year Cost: $330,000 Annual Operating Cost: -0-
Not to Exceed: $330,000 Total Cost: $330,000
For Fiscal Year: 2010 to 2011
Appropriation Code Amount Appropriation Comment Item # 23
343-961 168,599 Recreation Land Impact Fees
343-962 72,465 Open Space Impact Fees
315-93132 88,936 Unappropriated retained earnings/General Fund
Bid Required?: No Bid Number:
Other Bid / Contract: Bid Exceptions: None
Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) Clerk 6) City Manager 7) Clerk
Cover Memo
Item # 23
Attachment number 1
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r e ? 4
Item # 23
Attachment number 1
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9 1 () f.
Item # 23
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Meeting Date: 10/21/20 10
Approve an Agreement between the School Board of Pinellas County and the City of Clearwater for the City to utilize Pinellas
County School buses at a cost of $1.25 per mile plus $26.50 per hour, for a total estimated cost of $40,000, for contract period
ending August 23, 2011 and authorize the appropriate officials to execute same. (consent)
SUMMARY:
The Parks and Recreation Department organizes field trips requiring bus transportation for participants.
The Pinellas County School System (PCSS) allows municipalities to utilize their fleet of buses and drivers for $1.25 per mile plus
$26.50 per hour for driver with a four-hour booking minimum.
During the summer of 2011, the department will organize approximately 150 field trips that could utilize school bus transportation.
Comparing a sampling cost of school buses for these trips against the use of private bus lines indicates school buses are a less
costly mode of transportation, in most cases.
During the past year we utilized the school buses for our field trips at a cost of $33,000, with the per mile and per hour charge
proposed in this Agreement.
Approval of this Agreement will provide staff with a larger number of options when determining the most cost effective source of
transportation for participants.
The attached Agreement is similar to Agreements between the Pinellas County School Board and other Pinellas County
municipalities that utilize school bus transportation.
The Recreation Programming Division's Operating Budget contains sufficient funds to cover the costs associated with this
Agreement.
Type:
Operating Expenditure
Current Year Budget?: Yes
Budget Adjustment Comments:
Budget Adjustment: No
Appropriation Comment: Being coded as a blanket P.O. to 1805 - actual costs will come from a variety of operational codes in Recreation
Division.
Current Year Cost: $40,000 Annual Operating Cost: $40,000
Not to Exceed: $40,000 Total Cost: $40,000
For Fiscal Year: 2010 to 2011
Appropriation Code Amount Appropriation Comment
1805 $40,000 See comments in Budget Adjustment Comments Cover Memo
Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) Clerk 6)1f60)Va2gVer 7) Clerk
Attachment number 1
Page 1 of 1
VEHICLE USE AGREEMENT
THIS AGREEMENT, entered into this day of , 2010 by and between THE SCHOOL
BOARD OF PINELLAS COUNTY, FLORIDA, hereinafter referred to as the "School Board," and the
a municipal corporation, hereinafter referred to as "User". The parties agree as follows:
1. The School Board will provide shuttle bus transportation to User for the contract period ending August 23, 2011,
for the purpose of transporting school-age children, with chaperones, who participate in User's sponsored programs.
User shall make all requests for specific uses during the contract period to the School Board's Transportation
Department, who will determine whether buses are available pursuant to paragraph 3. below.
2. Transportation is for the sole purpose of transporting school-age children, with chaperones, who participate in User's
sponsored programs to and from locations in Pinellas and adjacent counties.
3. The bus or buses will be operated by an employee of the School Board, who is licensed to drive a school bus, and
shall be assigned by the Director of Transportation or designee. Buses may be used under this agreement only if they
are available at the times requested, and such use shall not interfere with or impair regular school transportation. The
School Board's Transportation Department shall be the final authority as to the availability of buses.
4. (A) User shall pay to the School Board, for the use of said school bus service that begins weekdays before 4:00
p.m., a sum per bus of the current rate per hour to include 15 minutes before and 15 minutes after the use, plus the
surcharge rate per mile. There shall be a minimum charge of two hours. User shall pay the current rate of $26.50
per hour plus the current surcharge rate of $1.25 per mile per bus for the contract period. hl addition, minimum fees
and/or cancellation fees may apply. All fees are available by either contacting the School Board's Transportation
Department or visiting their website at
(B) If requests extend to service that begins weekdays after 4:00 p.m., weekends and any non-school day,
User shall pay a sum per bus of the current rate per hour to include 30 minutes before and 30 minutes after
the use, plus the surcharge rate per mile. There shall be a minimum charge of four hours. User shall pay
the current rate of $26.50 per hour plus the current surcharge rate of $1.25 per mile per bus for the contract period.
hl addition, minimum fees and/or cancellation fees may apply. All fees are available by either contacting the
School Board's Transportation Department or visiting their website at
(C) "Weekend" is defined as a Saturdays and Sundays. "Weekend" shall also include Fridays during the time that
the School Board is on its summer calendar schedule. "Weekday" is defined as all days not meeting the definition
of "Weekend". "Non-school day" is defined as a weekday when students are not scheduled to attend classes.
5. This agreement is made pursuant to section 1006.261, Florida Statutes, and the parties agree that they will comply
with the provisions therewith. The User will provide certificate of required liability insurance to the School Board
prior to the time of any transportation under this Agreement, showing the School Board of Pinellas County, Florida
as an additional insured, or provide a letter of self-insurance, as applicable.
IN WITNESS WHEREOF, the parties have executed this agreement at Largo, Pinellas County, Florida, the date first
above written.
THE SCHOOL BOARD OF
PINELLAS COUNTY, FLORIDA
By:
Chairman
Attest:
Superintendent
Approved as to form:
Office of General Counsel
Organization
Organization Name
Print Name and Title
Signature
Bus Use Agreement - Non-profit Municipal Corporation Item # 24
?- Meeting Date: 10/21/20 10
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Approve a donation to the Clearwater Homeless Intervention Project, Inc. (CHIP) for funding of its 2010-2011 operation in the
amount of $100,000
SUMMARY:
The Clearwater Homeless Intervention Project Shelter opened in April 1998, and since that date has provided a safe
overnight facility for homeless persons and essential support services to help individuals and families begin to improve their lives.
In CHIP's continuum of care, there are currently three programs offered: Outreach and Assessment through the Day Center
component; Emergency Housing in the Shelter Services; and Transitional Housing at the Parkbrooke Apartment Complex.
In previous years, the City of Clearwater has donated $100,000 to CHIP. The Police Department requests that the City
continue their contribution to CHIP, which will be applied toward needed operational funding essential to the CHIP shelter's
successful operation. The City Council approved adding $100,000 to the police budget, for this purpose during the fiscal year
2010- 2011 budget preparation meetings.
Funding for this donation in the amount of $100,000 is available in special program project 181-99274, Homeless Shelter.
Type: Other
Current Year Budget?: Yes
Budget Adjustment Comments:
Current Year Cost: $100,000.00
Not to Exceed:
For Fiscal Year: 2010 to 2011
Budget Adjustment: None
Annual Operating Cost: $100,000.00
Total Cost: $100,00.00
Appropriation Code Amount Appropriation Comment
181-99274 $100,000.00
Review Approval: 1) Financial Services 2) Office of Management and Budget 3) Legal 4) Clerk
Cover Memo
Item # 25
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Meeting Date: 10/21/20 10
Approve a License Agreement between the Tampa Division of the Federal Bureau of Investigation (FBI) and the City of
Clearwater concerning the use of the Clearwater Police Department District III Training Facility (Premises), located at 2851
McMullen Booth Road, Clearwater, Florida, for a 5-year period and authorize the appropriate officials to execute same. (consent)
SUMMARY:
The FBI has requested use of the Police Department's District III Training Facility, including available parking, to conduct
firearms qualifications and tactical training during such days and dates as is mutually agreeable with the understanding that the
Police Department will have priority use of the Premises for its own training purposes.
The FBI agrees to indemnify and to hold harmless the City of Clearwater from any and all liability, including attorney's fees,
resulting from injury to persons or property arising from the FBI's use of the Premises in an amount not to exceed $3 million. If
damages exceed $3 million, the FBI will request additional appropriations from the U.S. Congress to make the City of Clearwater
whole.
The FBI and the Police Department will assign points of contact (POCs) for this agreement. The POCs will address and resolve all
issues related to the License Agreement. The parties agree to coordinate safety issues, jurisdictional matters, and other issues
through their designated POC.
All activities of the Parties under this agreement will be carried out in accordance with the terms and conditions of this agreement
to become effective upon signatures of all parties, and will remain in effect for five (5) years.
Type: Other
Current Year Budget?: None Budget Adjustment: None
Budget Adjustment Comments:
Current Year Cost: Annual Operating Cost:
Not to Exceed: Total Cost: -0-
For Fiscal Year: to
Review Approval: 1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk
Cover Memo
Item # 26
Attachment number 1
Page 1 of 5
For Official Use Only
LICENSE AGREEMENT
FOR USE OF THE
CLEARWATER POLICE DEPARTMENT'S
DISTRICT III TRAINING FACILITY
Parties
This License Agreement (Agreement) is joined by the following entities (collectively, the
Parties): the Tampa Division of the Federal Bureau of Investigation (FBI) and the City of
Clearwater, a political subdivision of the State of Florida. In this Agreement, the City of
Clearwater is referred to as the Licensor.
2. Purpose
This Agreement defines the scope of responsibilities of the Parties concerning the use
of the Clearwater Police Department District III Training Facility (Premises), which is located at
2851 North McMullen Booth Road, Clearwater, Florida.
3. Authority
The FBI is entering into this Agreement under 28 U.S.C. § 533 and 28 C.F.R. § 0.85.
4. Grant of License
Licensors hereby grant to the FBI a license to occupy and use, subject to all the terms
and conditions stated or referenced herein, the Premises, including available parking areas.
Licensors agree that there are no costs/fees associated with the use of the Premises by the
FBI.
5. Coordinators
The FBI and the Licensors will assign points of contact (POCs) for this Agreement. The
POCs will address and resolve all issues related to this Agreement. The Parties agree to
coordinate safety issues, jurisdictional matters, and other issues through their designated POC.
For Official Use Only
This document is the property of the FBI and is loaned to your agency.
Neither it nor its contents may be released without authorization by FBI Headquarters.
Item # 26
Attachment number 1
Page 2 of 5
For Official Use Only
6. Terms and Conditions For Use
A. All activities of the Parties under this Agreement will be carried out in accordance
with the terms and conditions of this Agreement.
B. The Licensors shall, at all times, have priority use of the Premises for its own
needs to train its personnel;
C. The Premises may be occupied and used by the FBI as a firearms training
facility to conduct firearms and tactical training during such days and dates as are mutually
agreeable to the Licensors, with the understanding that the FBI shall be given preference in
scheduling and use for training on the Premises in concert with the Chief of Police of the
Clearwater Police Department's scheduling for itself and other licensees;
D. The FBI shall have preference for the use of the Premises over other licensees
for the purpose of training FBI employees and/or appointees, provided however, the FBI shall
submit its firearms training schedule to the Chief of Police of the Clearwater Police Department
no later than December 31 st of each license year, or otherwise as agreed to by the Parties;
E. The FBI agrees to maintain the Premises in a clean and usable condition and will
be responsible for all necessary cleanup of the Premises after each use by the FBI; and
F. The FBI agrees to abide by any and all administrative, operational, and safety
rules and regulations established jointly by the Licensors, or either of them separately, at all
times during the use of the Premises. Any breach of any rule or regulation established by the
Licensors will be resolved in accordance with section 10.
7. Funding, Fees, and Other Consideration
The Licensors agree to accept the empty ammunition brass of the FBI fired during each
training day in lieu of charging a fee to use the Premises. Any used and discarded cardboard
backings by the Licensors can be provided to the FBI for their use at the range.
2
For Official Use Only
This document is the property of the FBI and is loaned to your agency.
Neither it nor its contents may be released without authorization by FBI Headquarters.
Item # 26
Attachment number 1
Page 3 of 5
For Official Use Only
8. Utilities
The Licensors agree to pay for those utilities that may be situated upon the Premises at
the time that the Premises is used pursuant to this Agreement, which are reasonably consumed
by the FBI during the FBI's use of the Premises.
9. Liability
A. Unless specifically addressed by the terms of this Agreement, each Party shall
be responsible for any claims for damages to any persons and/or property, arising from its own
conduct, and retain immunity and all defenses available to them pursuant to applicable state
and federal law. The FBI further agrees to indemnify and hold harmless the Licensors from any
and all liability, including attorney's fees, resulting from injury to persons or property arising
from the FBI's use of the Premises in an amount not to exceed three million dollars
($3,000,000.00). Should damages to the Licensors exceed three million dollars, the FBI will
request additional appropriations from the U.S. Congress to make Licensors whole.
B. Each Party acknowledges that its liability, if any, for the negligent or wrongful
acts or omissions committed by its employees and/or members is governed by applicable state
and/or federal law (for the FBI, the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b), 2671-2680;
for the City of Clearwater and/or the Clearwater Police Department, the Florida Sovereign
Immunity Act, Florida Statutes § 768.28, as revised). Nothing herein should be construed as
supplanting any applicable statute, rule, or regulation. Should an FBI employee and/or
appointee be injured in the performance of his/her duties, he/she is entitled to file a worker's
compensation with the United States Department of Labor.
C. Nothing in this section prevents any party from conducting an independent
administrative review of the incident giving rise to the claim; however, final disposition of the
claim will be handled as provided herein. The Licensors agree to notify the FBI of any
administrative claim arising out of an activity conducted pursuant to this Agreement. The
Parties further agree to cooperate fully with one another in the event of an official investigation
arising from alleged negligence acts or misconduct related to the use of the training facility.
D. Notwithstanding any limitation imposed by law, public policy or this Agreement to
indemnify and hold harmless the Licensors, the FBI agrees, at all times, to repair or replace any
damaged real or personal property of the Licensors when said damage occurs while the
For Official Use Only
This document is the property of the FBI and is loaned to your agency.
Neither it nor its contents may be released without authorization by FBI Headquarters.
Item # 26
Attachment number 1
Page 4 of 5
For Official Use Only
Premises is under the control and use of the FBI. The Licensors shall not be responsible for
any loss of any property or equipment, for any reason or under any circumstances, belonging to
the FBI.
10. Dispute Resolution
Disagreements between the Parties arising from this Agreement will be resolved only by
consultation between the Parties and will not be referred to a local, state, or federal court.
Issues or problems arising under the Agreement that cannot be resolved by POCs may be
raised by any Party, through appropriate channels, to an FBI Contracting Officer for resolution.
11. Amendments and Duration
A. Unless otherwise provided, this Agreement may be amended or modified by the
mutual written consent of the Parties' authorized representatives.
B. This Agreement will become effective upon signatures of all Parties, and will
remain in effect for five (5) years. This Agreement may be extended by mutual written consent
of the Parties' authorized representatives.
C. This Agreement may be terminated at any time upon the mutual written consent
of the Parties. In the event the Parties consent to terminate this Agreement, the Parties will
consult prior to the date of termination to ensure termination on the most economical and
equitable terms. Any Party may terminate this Agreement with thirty (30) days written
notification to the other Parties. Such notice will be the subject of immediate consultation by the
Parties to decide upon the appropriate course of action. In the event of such termination, the
following rules apply:
The terminating Party will continue participation, financial or otherwise, up to the
effective date of termination.
All information and rights received under the provisions of this Agreement prior
to the termination will be retained by the Parties, subject to the provisions of this
Agreement.
4
For Official Use Only
This document is the property of the FBI and is loaned to your agency.
Neither it nor its contents may be released without authorization by FBI Headquarters.
Item # 26
Attachment number 1
Page 5 of 5
For Official Use Only
D. This Agreement represents the complete understanding of the Parties with
respect to the FBI's use of the Premises. This Agreement supercedes all written and oral
proposals and other communications between the Parties. Nothing in this Agreement is
intended to create, nor does it create, an enforceable legal right or private right of action.
SIGNATORIES
For the City of Clearwater:
City Manager
Clearwater City Council Commission
For the Federal Bureau of Investigation:
Contracting Officer
FBI Headquarters, Washington, DC
Date:
Date:
Steven E. Ibison
Special Agent in Charge
Date:
5
For Official Use Only
This document is the property of the FBI and is loaned to your agency.
Neither it nor its contents may be released without authorization by FBI Headquarters.
Item # 26
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Meeting Date: 10/21/20 10
Approve acceptance of a Department of Justice, Bureau of Justice Assistance (DOJBJA) grant in the amount of $146,150 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 an additional Law Enforcement Task Forces and
Services for Human Trafficking Victims Grant from the U.S. Department of Justice. On June 2, 2010, the Resource Management
Committee approved the submission of the Police Department's grant application.
On September 13, 2010, the Clearwater Police Department (CPD) received notification that it had been awarded DOJ/BJA funds in
the amount of $146,150 for the continued operation of its very successful Clearwater Area Task Force on Human Trafficking
(CATFHT).
Clearwater's task force has been successful, resulting in 17 human trafficking victims receiving services; 52 arrests; and 21
convictions. Clearwater's task force has been designated by the Department of Justice as a national training site for other task
forces.
The grant will be used to continue paying the salary and benefits of the grant-funded Human Trafficking Detective position. Other
grant expenditures will include: overtime for investigators; a GPS tracker; GPS software; aircards; cell phone service; laptop
computer; printing and publication of brochures and flyers; office supplies; a projector and projection screens for public
presentations; tabletop display for conferences and community events; portable DVD player and case for public presentations; and
task force website maintenance.
Special Project 181-99256 will be established at l't Quarter to account for the grant expenditures.
There is a 25% in-kind match required for this grant. CPD is providing the in-kind match with the $48,717 in salary for the
sergeant/supervisor of the Intelligence Unit and the Lieutenant who oversees the task force.
There are no retention requirements associated with this grant.
Type:
Other
Current Year Budget?: Yes
Budget Adjustment Comments:
Budget Adjustment: None
Current Year Cost: $194,867.00 Annual Operating Cost:
Not to Exceed: Total Cost: $194,867.00
For Fiscal Year: 2010 to 2011
Cover-Memo
Appropriation Code Amount Appropriation Comment Item # 27
181-99256 $194,867.00
Review 1) Office of Management and Budget 2) Legal 3) Clerk 4) Financial Services 5) Clerk 6) Assistant City
Approval: Manager 7) Clerk 8) City Manager 9) Clerk
Cover Memo
Item # 27
Attachment number 1
Page 1 of 7
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Item # 27
Attachment number 1
Page 2 of 7
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Item # 27
Attachment number 1
Page 3 of 7
1??gro,trtlx a '?;l.sh;_r
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[atrtif :;I'Justicc A ssistanev SHEET PAGE ', 01, 4
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Item # 27
Attachment number 1
Page 4 of 7
s I o-'f Ianls AWARD CONTINUATION
Bur:L,:ia of Justin, AsAstance 'MIFF f' PAC €` '1 (1I 4
Grant
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Item # 27
Attachment number 1
Page 5 of 7
Dupm-(tinent of Justice
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Meniorxistdmn To. Official Grant File
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Subject. C"atr ,1 Exclusion for- City ofC'lc ii v, ?0,,r
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Item # 27
Attachment number 1
Page 6 of 7
ill i !I' , 1"11;_11c GRANT MANAGER'S MEaM()1'EAN"C)IJlM, PT. I:
1 1 •1 1„
PROJECT SUMMARY
aU O Jt1} L;111::r
Grant
i,l' I I ? l A1B1 F?__
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Item # 27
Attachment number 1
Page 7 of 7
II it i''I'II 1?l I., 1 11i:. 1 1[
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1
Item # 27
?- Meeting Date: 10/21/20 10
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Award a contract (Purchase Order) to Angelo's Recycled Materials of Largo, FL in the amount of $430,000 for the disposal of
solid waste at their site for the period October 22, 2010 through October 21, 2011 as provided in the city's Code of Ordinances,
Section 2.561 and authorize the appropriate officials to execute the same. (consent)
SUMMARY:
The Solid Waste Department collects bulk trash and construction and demolition debris from both commercial and residential
customers. This trash and debris (which excludes anything that could putrefy or produce leachate that poses a health or
environmental threat) is transported by city collection vehicles to the contractor's state-permitted disposal facility.
During the summer of 2009, the Purchasing Department advertised a request for bids for trash and debris disposal
services. Angelo's Recycled Materials was awarded a contract by purchase order for Fiscal Year 2009/2010.
Angelo's Recycled Materials has provided the city with a letter stating that pricing will remain at the current level for the twelve-
month period of October 1, 2010 through September 30, 2011. This is the first renewal of an annual contract with the same terms
and conditions of the original contract.
Type: Operating Expenditure
Current Year Budget?: Yes
Budget Adjustment Comments:
Current Year Cost:
Not to Exceed:
For Fiscal Year:
Appropriation Code
0-424-02082-543500-534-
000
0-424-02089-543500-534-
000
Amount
$172,000.00
$258,000.00
Budget Adjustment:
Annual Operating Cost:
Total Cost:
Appropriation Comment
Dump Fee Account
Dump Fee Account
Bid Required?: Yes
Other Bid / Contract:
Review Approval: 1) City Manager 2) Clerk
$390,738.37
08/2010 to 10/2011
Bid Number:
Bid Exceptions:
None
$390,738.37
1st Renewal
of BID 25-
09
None
Cover Memo
Item # 28
Attachment number 1
Page 1 of 1
?. "
Item # 28
?- Meeting Date: 10/21/20 10
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Award a contract (Purchase Order) to Pinellas County Solid Waste for an operating expenditure of $4,000,000 for the disposal of
solid waste at the Pinellas County waste-to-energy plant/landfill for the period October 1, 2010 through October 31, 2011 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 the same. (consent)
SUMMARY:
Pinellas County operates the only waste-to-energy plant and landfill in the county.
Type: Operating Expenditure
Current Year Budget?: Yes
Budget Adjustment Comments:
Current Year Cost: $3,642,373.18
Not to Exceed:
For Fiscal Year: 10/2010 to 10/2011
Budget Adjustment: None
Annual Operating Cost:
Total Cost: $3,642,373.18
Appropriation Code
0-424-02082-543500-534-
000
0-424-02083-543500-534-
000
0-424-02089-543500-534-
000
Bid Required?:
Other Bid / Contract:
Amount Appropriation Comment
$1,760,000.00 Dump Fee Account
$1,640,000.00 Dump Fee Account
$600,000.00 Dump Fee Account
No Bid Number:
Bid Exceptions: Sole Source
Review Approval: 1) Financial Services 2) Office of Management and Budget 3) Legal 4) Clerk
Cover Memo
Item # 29
?- Meeting Date: 10/21/20 10
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Award a contract (Purchase Order) to Mother's Organics, Inc. of Seffner, FL in the amount of $160,500 for the hauling of yard
waste from the city's solid waste facility to the contractor's processing facility for the period October 22, 2010 through October 21,
2011, as provided in the city's Code of Ordinances, Section 2.561, and authorize the appropriate officials to execute the same.
(consent)
SUMMARY:
The City of Clearwater's Solid Waste Department collects yard waste from residential customers. This yard waste is transported to
the city's state-permitted yard waste transfer facility located at the city's solid waste complex. Yard waste contains grass clippings,
leaves, tree trimmings, logs, stumps, and other vegetative material, including small amounts of rocks and soil.
Mother's Organics, Inc. has been providing the city with this hauling service since June 2010. They have given the city a letter
stating that pricing will remain at the current level for the twelve-month period of October 1, 2010 through September 30,
2011. This is the first renewal of an annual contract with the same terms and conditions of the original contract.
Type: Operating Expenditure
Current Year Budget?: Yes Budget Adjustment: None
Budget Adjustment Comments:
Current Year Cost: $146,200 est. Annual Operating Cost:
Not to Exceed: Total Cost: $146,200
est.
For Fiscal Year: 10/2009 to 09/2011
Appropriation Code Amount Appropriation Comment
0-424-02082-543500-534- $160,500.00 Dump Fee Account
000
First
Bid Required?: Yes Bid Number: renewal
of BID
01-10
Other Bid / Contract: Bid Exceptions: None
Review Approval: 1) Assistant City Manager 2) City Manager 3) Clerk
Cover Memo
Item # 30
Attachment number 1
Page 1 of 1
fn-,4
Item # 30
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Meeting Date: 10/21/20 10
Award a contract (Purchase Order) for $239,354.00 to Kenworth of Central Florida of Orlando, FL for one Kenworth T800 with
Palfinger Grapple Loader and American Roll-Off, in accordance with Sec. 2.564(1)(d), Code of Ordinances - Other governmental
bid, authorize lease purchase under the city's Master Lease Purchase Agreement and authorize the appropriate officials to execute
same. (consent)
SUMMARY:
The Kenworth Grapple Loader and Roll-Off will be purchased through the Florida Sheriffs Association and Florida Association of
Counties Contract 10-18-0907, quote dated September 23, 2010 and specification 49.
The Kenworth Grapple Loader will replace G2221, a 1999 Mack front loader, included in the Garage CIP Replacement List for
Budget Year 2010/2011. During the budget process, the Department determined that the front loader was not needed but the yard
waste program started earlier this year has been so successful that another Jaws truck was needed.
The Solid Waste Department has been dumping the yard waste collected from the citizens of Clearwater at a site in Largo for
$37.00 per ton. Currently we bring the yard waste to our yard and dump it on the ground, then use a Jaws truck to load the material
into large trailers provided by a contractor who then hauls the material to their site in Hillsborough County at a cost of $26.75 per
ton. The material is then recycled at that location. This collection method has saved the Department approximately $62,000 during
the first eight months of this year.
The current Jaws truck's boom is not strong enough to continue this loading process for an extended period so we decided to look
at various alternatives. The boom that we found for this new truck is built strong enough to withstand the daily pressures of this
loading and will have an extended life. This boom can be used on the truck to collect yard waste within the city and debris in the
aftermath of a storm. The truck will have a roll-off frame so we can use the truck in our roll-off business when needed giving us
additional flexibility.
Type:
Purchase
Current Year Budget?: Yes
Budget Adjustment Comments:
Budget Adjustment:
None
Current Year Cost: 16,586.00 Annual Operating Cost: $49,786.00
Not to Exceed: Total Cost: 66,372.00
For Fiscal Year: 2009 to 2010
Appropriation Code Amount Appropriation Comment
0316-94234-564100-519-000 $239,354.00 L/P CIP
Cover Memo
Bid Required?: No Bid Number: Item # 31
Other Bid / Contract: FL Sheriffs Bid Exceptions: None
Association
10-18-0907
Review Approval: 1) Clerk 2) Assistant City Manager 3) City Manager 4) Clerk
Cover Memo
Item # 31
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Meeting Date: 10/21/20 10
Ratify and confirm a 10-foot Drainage and Utility Easement over, under, across and through the South 10 feet of Lots 8 and 10,
Block B-2, MARYLAND SUBDIVISION, as more particularly described therein, conveyed by Peter G. Nichols granted in
consideration of receipt of $15,000 and the benefits to be derived there from. (consent)
SUMMARY:
Engineering staff is finalizing plans for its 614 South Missouri Avenue Storm Pipe Replacement Project (Project 09-0048-EN).
The project will consist of removing and replacing a 54-inch storm pipe and an 8-inch sanitary sewer traversing the subject parcel.
The existing easement is too narrow to replace the existing pipe and the City has been negotiating with the property owner to
obtain a suitable easement for almost two years.
The subject easement will provide the City a 20-foot drainage and utilities corridor over, under, across and through Grantor's
property to accommodate not only the stormwater but also gas and water lines that exist outside of documented easement.
The subject 10-foot easement lies contiguous on the north to an existing 10-foot utility easement over the easterly 106.4 feet of the
subject lands conveyed to the City in 1961 as recorded in O. R. Book 1270, Page 380, Pinellas County public records; and a 20-
foot utilities easement granted in 1968 as recorded in O. R. Book 2759, Page 106, Pinellas County public records, extending
west from the 1961 easement.
Conditional upon the grant of the subject easement, staff will submit an application for Council to vacate the southerly 10 feet of
the 1968 easement as that portion is not utilized or required.
Type: Other
Current Year Budget?: None
Budget Adjustment Comments:
Current Year Cost:
Not to Exceed:
For Fiscal Year:
Review Approval: 1) City Manager 2) Clerk
to
Budget Adjustment:
Annual Operating Cost:
Total Cost:
None
Cover Memo
Item # 32
Attachment number 1
Page 1 of 5
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Page 1 of 1
NICHOLS EASEMENTS - VISUAL SUMMARY
7
Meeting Date: 10/21/20 10
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Continue to November 4, 2010 the approval of the engineering and architectural design services work order to Architect of Record,
HDR Engineering, Inc., in the amount of $651,004.00 for Fire Station 45 Renovation Project (09-0036-FI) and authorize the
appropriate officials to execute same. (consent)
SUMMARY:
Fire Station 45 was built in 1974 and no longer meets the challenges of a contemporary fire station, including space needs, code
requirements, security concerns and sustainability. The City's intent is to construct a sustainable facility with centralized, more
efficient operations. The facility will be a focal point of the Downtown Core displaying the Fire Department's history and foster to
the community the importance of green building practices.
HDR was hired for the preliminary design/programming phase, completed in January 2010. The evaluation showed that building a
new structure was more cost effective than reusing the existing structure. Implementing sustainable mechanical, electrical and
plumbing systems increased construction cost by only 3 1/2 %.
The station renovation will include demolition of the existing fire station and the Fire Prevention building on the corner of Franklin
and Garden. The extensive renovation project will result in a category 5, 3-story, 30,000-square foot facility with a similar
footprint as the existing fire station. The station will include on the first floor, vehicle bays, training and public space; second floor
living quarters; and third floor Administration and Fire Prevention office space, with a conference area that will serve as an
Emergency Operations Center. The City's goal is to have the new station achieve a Silver rating through the Leadership in Energy
and Environmental Design (LEED) certification.
The design and permitting phase is anticipated to be complete by September 2011, with the construction phase scheduled for
completion by December 31, 2012.
The estimated construction cost is $6,054,000, with a total project cost of $7,057,520, including furnishings, LEED Certification,
Commissioning, and A/E fees. The City will be reimbursed for a portion of this cost by the County since the station will also serve
residents in unincorporated areas of the Clearwater Fire District.
The Fire Department shall be responsible for the day-to-day facility operations, and the Building Maintenance Department will be
responsible for the facility maintenance.
Annual operating costs for the station are anticipated to be approximately $88,700. The power and utility costs will be about 25%
or $12,225 less than current energy costs for the existing station and Administration Building.
Sufficient budget and revenue is available in Capital Improvement Program project 0315-91253, Main Station (Fire).
Type:
Capital expenditure
Current Year Budget?: Yes
Budget Adjustment Comments:
See summary
Current Year Cost: $651,004.00
Not to Exceed: $651,004.00
Budget Adjustment: No
Cover Memo
Annual Operating Cost: $88,700.00 Item # 33
Total Cost: $651,004.00
For Fiscal Year: 2010 to 2011
Appropriation Code Amount Appropriation Comment
0315-91253-561100-522-000- $651,004.00 see summary
0000
Review Approval: 1) Clerk 2) Assistant City Manager 3) City Manager 4) Clerk
Cover Memo
Item # 33
Attachment number 1
Page 1 of 11
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or the CITY OF CLEARWATER
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Item # 33
Attachment number 1
Page 2 of 11
Item # 33
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Item # 33
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Item # 33
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Item # 33
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Item # 33
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Item # 33
Meeting Date: 10/21/20 10
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Authorize the contract between the City and CIGNA HealthCare for medical insurance under a fully insured, Shared Returns
Minimum Premium funding arrangement for the contract period of January 1, 2011 to December 31, 2011, at a total cost not to
exceed $13.6 million dependent on the funding strategy as determined by the City Council, and that $400,000 be appropriated from
the unrestricted reserves in the Central Insurance Fund to fund the additional cost of healthcare above what was budgeted.
SUMMARY:
The contract with the City's current medical insurance provider, CIGNA HealthCare, expires on December 31, 2010. CIGNA
presented a renewal offer that was not acceptable to the City. The City Benefits Committee, made up of representatives of all of
the City's employee groups and retirees, recommended that the City's Agent of Record, the Gehring Group, negotiate with the
major carriers to achieve a more favorable proposal. Quotes were submitted in response by CIGNA, United Healthcare, and
Aetna.
After evaluating all proposals, the City Benefits Committee, by a unanimous vote of 15 to 0, elected to recommend to City Council
that CIGNA be retained as the medical insurance provider for 2011, and that the CIGNA Alternate Plan 2 proposal be adopted.
This proposal would result in increases in office visit and generic prescription copays under the current OAPIN "Base" plan, the
elimination of the current OAPIN "Copay" plan, and the maintenance of the existing schedule of benefits for the current POS plan,
at an overall cost increase of 5%. Staff concurs with this recommendation.
Based on this recommendation, the CY11 cost for this scenario would be $13.6 million ($10.3 million city share, $2.5 million
employee share, and $800,000 retiree/cobra share).
For fiscal year 2011, the City has budgeted approximately $9.9 million for 1,591 full time positions for the City's share of medical
insurance coverage (including EAP and mental health/substance abuse). The City's estimated share of actual expenses for FY
2011 would also be $10.3 million. The $400,000 difference between the $9.9 million that was budgeted and the estimated city
share cost of $10.3 million would need to be funded from reserves in the Central Insurance Fund.
The Central Insurance Fund has approximately $28.2 million in reserves as of 9/30/10. Of that amount, approximately $16.3
million is in excess of required commitments in accordance with current policy. In addition, the FYI 1 budget adds approximately
$1 million to reserves (primarily from expected interest earning on excess reserves). The use of $400,000 of reserves will be
processed as a quarterly budget amendment.
The above numbers assume that all positions are filled at all times and that employees select the tier of coverage (employee only,
employee + 1, and employee + family) similar to the current year. City share of costs related to the CIGNA contract for coverage
for FY 2012 will be budgeted as part of the fiscal year 2012 budget.
This recommendation also includes maintaining the current funding strategy for City contributions to health care premiums to
represent 100% of the OAPIN Base plan cost for Employee Only, 75% of the OAPIN Base plan cost for Employee plus One, and
68% of the OAPIN Base plan cost for Employee plus Family, to be applied to the respective tiers in the POS plan.
Appropriation Code
590-07000-545600-519-000
Review Approval: 1) Clerk
Amount Appropriation Comment
Cover Memo
Item # 34
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SUBJECT / RECOMMENDATION:
City Manager Verbal Reports
SUMMARY:
Meeting Date: 10/21/20 10
Review Approval: 1) Clerk
Cover Memo
Item # 35
City Council Agenda
Council Chambers - City Hall
Meeting Date: 10/21/20 10
SUBJECT / RECOMMENDATION:
Support the recommendations of the Joint Land Use and Transportation Committee and adopt Resolution 10-28.
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 36
Attachment number 1
Page 1 of 4
RESOLUTION OF THE JOINT LAND USE AND
TRANSPORTATION COMMITTEE SETTING FORTH ITS
CONCLUSIONS AND RECOMMENDATIONS, INCLUDING
AMENDMENT TO THE PINELLAS PLANNING COUNCIL'S
SPECIAL ACT
WHEREAS, Pinellas County is approaching a built-out condition, and planned
redevelopment of the built environment is critical to maintaining and improving the
countywide economy and quality of life; and
WHEREAS, given the land constraints within the county, it is recognized that
countywide traffic issues cannot be solved by road building alone, but must be
addressed through a multimodal transportation system; and
WHEREAS, with the Florida Legislature's creation of the Tampa Bay Area
Regional Transportation Authority ("TBARTA") in 2007, the provision of enhanced public
transit within the County has become a high transportation planning priority; and
WHEREAS, land use patterns are a critical factor in determining whether
multimodal transportation, particularly transit, is functional and effective; and
WHEREAS, transportation and land use planning do not exist independently, but
have a relationship in which each influences the other; and
WHEREAS, the Pinellas County Metropolitan Planning Organization ("MPO") has
developed a livable communities planning program that is intended to integrate land-use
and transportation and which contains recommended transit oriented development
policies and land development code language for local governments to utilize; and
WHEREAS, federal regulations require metropolitan planning organizations to
consider alternative land use scenarios and local growth management and economic
development patterns in developing future rail and premium transit corridors its long
range plans,
WHEREAS, both the Updated Countywide Plan for Pinellas County and Pinellas
by Design: An Economic Development and Redevelopment Plan for the Pinellas
Community contain planning strategies that call for increased coordination of the land
use and transportation planning activities of the PPC and MPO; and
WHEREAS, the Joint Land Use and Transportation Committee ("Joint
Committee"), consisting of three (3) representatives from the Pinellas Planning Council
("PPC"), three (3) representatives from the Board of County Commissioners ("BCC"),
and three (3) representatives from the Metropolitan Planning Organization ("MPO") was
convened in April of 2010 to study the potential for integrating of transportation and
future land use planning at the countywide level; and
Item # 36
Attachment number 1
Page 2 of 4
WHEREAS, the Joint Committee has deliberated for several months, reaching its
conclusions in a consensus driven manner.
NOW, THEREFORE, be it resolved by the Joint Land use and Transportation
Committee:
The Joint Committee concludes and recommends as follows:
1. The MPO and PPC functions should be more closely aligned on
transportation and land use issues in order to create a more streamlined and integrated
process, which should identify and eliminate any redundancies, disconnects, or
inefficiencies in the current system;
2. This integrated process should include a new Countywide Future Land
Use Plan, which establishes a broad, forward-looking land use planning framework,
which incorporates and guides multimodal transportation planning, and allows sufficient
flexibility to accommodate the redevelopment needs of Pinellas County;
3. The most effective way to achieve these goals would be to unify the
membership of the boards of the MPO and the PPC into a single consolidated board
that would be empowered to carry out the functions of both the MPO and PPC;
4. The new consolidated board should continue to consist of elected officials
and ensure adequate representation for the smaller municipalities within Pinellas
County, recognizing that the Pinellas Suncoast Transportation Authority (PSTA) will also
have a seat on the new consolidated board;
5. The new consolidated board should be supported by an independent
executive director, with staff chosen by that independent executive director, but with
priority given to current employees of the PPC and MPO;
6. The establishment of the
reapportionment of the MPO membership,
Section 339.175, Florida Statutes; and
new consolidated board will require
which must be done in conformance with
7. The establishment of the new consolidated board will require amendment
of the PPC's Special Act.
The Joint Committee encourages the local governments within Pinellas County to
support its conclusions and recommendations and further, encourages the Pinellas
County Legislative Delegation to support the legislation necessary to accomplish the
recommendations of the Joint Committee, as set forth herein.
This Resolution offered and adopted at the Oct. 4, 2010 meeting of the Joint
Committee as hereinafter set forth:
Item # 36
Attachment number 1
Page 3 of 4
Commissioner Harris offered the foregoing Resolution which was
seconded by Councilmember Doran and the vote was:
AYES: Arbutine, Danner, Doran, Eggers, Harris, Knight, Morroni, Ronecker and
Seel.
NAYS: None.
ABSENT AND NOT VOTING: Gerard
H:\USERSWTYKB37\WPDOCS\PPC\Joint Committee Resolution 100410 (2).doc
Item # 36
Attachment number 1
Page 4 of 4
APPROVED AS TO FOR14,1
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Item # 36
Attachment number 2
Page 1 of 2
RESOLUTION OF THE CITY OF IN SUPPORT OF
THE RECOMMENDATIONS OF THE JOINT LAND USE AND
TRANSPORTATION COMMITTEE, INCLUDING AMENDMENT
TO THE PINELLAS PLANNING COUNCIL'S SPECIAL ACT
WHEREAS, a Joint Land Use and Transportation Committee ("Joint
Committee"), consisting of three (3) representatives from the Pinellas Planning Council
("PPC"), three (3) representatives from the Board of County Commissioners ("BCC"),
and three (3) representatives from the Metropolitan Planning Organization ("MPO") was
convened in April of 2010 to study the potential for integrating of transportation and
future land use planning at the countywide level; and
WHEREAS, the Joint Committee deliberated for several months, reaching its
conclusions in a consensus driven manner; and
WHEREAS, the Joint Committee has recommended that the MPO and PPC
functions be more closely aligned on transportation and land use issues to create a
more streamlined and integrated process, which should identify and eliminate any
redundancies, disconnects, or inefficiencies in the current system; and
WHEREAS, the Joint Committee recommended that this integrated process
include a new Countywide Future Land Use Plan, which establishes a broad, forward-
looking land use planning framework, incorporates and guides multimodal transportation
planning, and allows sufficient flexibility to accommodate the redevelopment needs of
Pinellas County; and
WHEREAS, the Joint Committee determined that the most effective way to
achieve these goals would be to unify the membership of the boards of the MPO and
the PPC into a single consolidated board that would be empowered to carry out the
functions of both the MPO and PPC; and
WHEREAS, the establishment of
reapportionment of the MPO membership,
Section 339.175, Florida Statutes; and
the new consolidated board will require
which must be done in conformance with
WHEREAS, the establishment of the new consolidated board will require
amendment of the PPC's Special Act.
NOW THEREFORE, be it resolved by the City Council of the City of
The City hereby declares its support for the recommendations of the Joint
Committee, including:
1. The boards of the MPO and the PPC should be consolidated and
empowered to carry out the functions of both the MPO and the PPC;
Item # 36
Attachment number 2
Page 2 of 2
2. The new consolidated board should consist of elected officials and ensure
representation for all municipalities;
3. The countywide plan should be reconstituted into a forward-looking plan
that is policy driven and broad based;
4. The new consolidated board will be supported by a consolidated,
independent staff;
5. The Special Act that created the PPC should be amended to provide the
necessary framework to accomplish these recommendations; and
6. The Reapportionment Plan be prepared and approved consistent with
these amendments to the Special Act and these recommendations.
The City encourages the Pinellas County Legislative Delegation to support the
legislation necessary to accomplish the recommendations of the Joint Committee, as
set forth herein.
This Resolution offered and adopted at the
as hereinafter set forth:
Councilmember
which was seconded by Councilmember
AYES:
NAYS:
ABSENT AND NOT VOTING:
meeting of the City of
offered the foregoing Resolution
and the vote was:
H:\USERSWTYKB11\WPdocs\JWC\RES0LUTI0NS\Model Resolution for Local gouts to pass.doc
Item # 36
Attachment number 3
Page 1 of 2
TO: Members of the Joint Land Use/Transportation Committee
FROM Karen Williams Seel, Commission Chair
SUBJECT: Joint Land Use/Transportation Committee
Conclusions and Recommendations
DATE: October 10, 2010
Thank you for your participation in what I believe has been an extremely productive dialogue
regarding the future of transportation and land use planning in Pinellas County. As our
discussions over the past six months have demonstrated, transportation and land use planning do
not exist independently, but have a relationship in which each influences the other. Given this
natural relationship and the transit initiatives that are underway in Pinellas County, this dialog
could not have come at a better time. Although the last six months have produced meaningful
debates and a workable plan for our future here in Pinellas County, our work has only just begun.
Attached you will find several documents in follow up to the Committee's October 4, 2010
meeting. Specifically, you will find:
1. The Resolution that was passed by the Joint Committee setting forth its
conclusions and recommendations.
2. A model resolution for the county's local governments to consider passing in
support of the Committee's recommendations, including revisions to the PPC's
Special Act, which will be necessary to effectuate many of the recommendations.
3. A model resolution supporting the MPO's reapportionment plan, which is
necessary to add two members to the MPO to provide for greater representation of
the county's local government.
4. A draft of the PPC's Special Act in both strike and underline and the clean
version.
It is my sincere hope that each of the municipalities within Pinellas County will adopt the model
resolution requesting the Pinellas County Legislative Delegation adopt the PPC's amended
Special Act. As the Committee has met over these past six months, it has reached its conclusions
in a very consensus-oriented manner and I believe it to be essential to the continued success of
this initiative that the local governments within Pinellas County approach the Legislative
Delegation in the same consensus-driven manner. As such, I am requesting that each of the
cities adopt the model resolution, or a variation thereof. Please return executed resolutions by
November 10, 2010 so that we may pass them along to the Legislative Delegation, which meets
on November 22, 2010. If you believe it would be helpful to your local government's
consideration of this resolution, I will be happy to personally appear at a council meeting and
present the Committee's conclusions and recommendations.
Item # 36
Attachment number 3
Page 2 of 2
I also encourage you to pass along the PPC's draft revised Special Act to the appropriate staff
within your local government. Any comments your staff may have can be directed to Jewel
White Cole with the Pinellas County Attorney's Office. Jewel can be reached at email at
icole agpinellascounty.or or at 464-3354.
Again, thank you for your interest in the future of Pinellas County.
H:\USERS\ATYKB 11\WPdocs\JWC\PPC\October memo from Commissioner Seetdoc
Item # 36
Attachment number 4
Page 1 of 2
RESOLUTION NO.
A RESOLUTION OF THE (insert name of local government or PSTA)
APPROVING A MEMBERSHIP REAPPORTIONMENT PLAN FOR THE
PINELLAS COUNTY METROPOLITAN PLANNING ORGANIZATION,
AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the Pinellas County Metropolitan Planning Organization (MPO) was
created and established by an Interlocal Agreement in August 1977 to perform
transportation functions identified in Federal Laws Title 23 U.S.C. and 49 U.S.C.; and
WHEREAS, the State Legislature enacted Florida Statutes 334.215 to define the
Metropolitan Planning Organizations under State law; and
WHEREAS, the referenced Interlocal Agreement was last amended in 2004
pursuant to the provisions of Chapter 339.175(2)(b); and
WHEREAS, Florida Statutes 339.175(3) provides that the voting membership of
the MPO shall consist of not fewer than 5 or more than 19 apportioned members, the
exact number to be determined on an equitable geographic-population ratio basis by the
Governor, based on agreement among the affected units of general purpose local
government as required by federal rules and regulations; and
WHEREAS, the Pinellas County MPO is currently comprised of 11 members one
each from the cities of Clearwater, Largo, Pinellas Park and Dunedin, two from the city
of St. Petersburg, a rotated seat shared by the cities of Oldsmar, Safety Harbor and
Tarpon Springs, three County Commissioners and one from the Pinellas Suncoast
Transit Authority; and
WHEREAS, the Pinellas County MPO desires to reapportion the board
membership to provide representation for all local governments in the County; and
WHEREAS, the Pinellas County MPO has approved a Membership
Reapportionment Plan which provides for the addition of two members, one
representing the cities of Belleair, Belleair Bluffs, Gulfport, Kenneth City, Seminole and
South Pasadena and another representing the cities of Belleair Beach, Belleair Shore,
Indian Rocks Beach, Indian Shores, Madeira Beach, North Redington Beach, Redington
Beach, Redington Shores, St. Pete Beach and Treasure Island, bringing the total voting
membership to 13.
that:
NOW THEREFORE, be it resolved by the (name of local government or PSTA)
1. The (local government or PSTA) hereby approves the MPO Membership
Reapportionment Plan and agrees to be a member in conformance with the Plan and
Statutory requirements.
Item # 36
Attachment number 4
Page 2 of 2
2. This Resolution shall become effective immediately upon passage and
adoption.
The Joint Committee encourages the local governments within Pinellas County to
support its conclusions and recommendations and further, encourages the Pinellas
County Legislative Delegation to support the legislation necessary to accomplish the
recommendations of the Joint Committee, as set forth herein.
This Resolution offered and adopted at the
Committee as hereinafter set forth:
Commissioner
was seconded by Councilmember
AYES:
NAYS:
ABSENT AND NOT VOTING:
meeting of the Joint
offered the foregoing Resolution which
and the vote was:
Item # 36
Attachment number 5
Page 1 of 11
A SPECIAL ACT
ESTABLISHING THE PINELLAS PLANNING COUNCIL
AND
COUNTYWIDE PLANNING AUTHORITY
FOR
PINELLAS COUNTY, FLORIDA
This document consolidates Chapter 73-594, Laws of Florida, as amended by Chapters 74-
584, 74-586, 76-473, 88-464, and 90-396, Laws of Florida. See also Chapter 88-458, Laws
of Florida, amending Article II, Home Rule Charter for Pinellas County. This is an unofficial
compilation of these statutory provisions and is intended only to conveniently locate the
cumulative amended provisions in one, easily discernible document.
The individual statutory provisions should be referenced and cited for any official citation.
Item # 36
Attachment number 5
Page 2 of 11
SECTION 1. COUNTY PLANNING COUNCIL CREATED.-there is hereby created a
countywide planning and coordinating council to be known as the "Pinellas Planning
Council", hereinafter referred to as the "council".
SECTION 2. PURPOSE OF COUNCIL; LEGISLATIVE INTENT;
(1) The legislature recognizes the social and economic interdependence of the people
residing within Pinellas County and the common interest they share in its future
development. The legislature also recognizes that individual plans and decisions heretofore
made by local governments within the county have affected the welfare of the entire county
as well as neighboring jurisdictions and, therefore, the legislature intends that the purpose of
this act is to provide a means for:
(a) The formulation and execution by the council of the objectives and policies
necessary for the orderly growth, development and environmental protection of
Pinellas County as a whole, with a focus on those issues deemed to have an impact
countywide.
(b) The coordination by the council of all planning and development in Pinellas
County with regional planning objectives in the Tampa Bay area as developed by the
Tampa Bay Regional Planning Council, the Tampa Bay Area Regional
Transportation Authority ("TBARTA"), the Pinellas Suncoast Transit Authority
("PSTA"), the Pinellas County Metropolitan Planning Organization ("MPO") , and the
Florida Department of Community Affairs.
(2) The legislature further recognizes that the future of Pinellas County, its permanent
residents and the millions of tourists who annually visit the county is dependent upon the
way the natural and man-made resources of land, air and water are guided into use and re-
use through transportation systems, urban development and redevelopment, and all other
comprehensive planning activities.
(3) The legislature further intends the purpose of this act is to provide a means for the
coordination by the council of the transportation planning functions undertaken by the MPO
with the council's land use planning functions in a manner that more fully integrates these
two functions in a complementary manner, as well as the integration of the membership of
the boards of the council and MPO, such that a single, combined board shall perform the
functions of both the council and the MPO.
SECTION 3. DEFINITIONS.-
As used in this act, the term:
(a) "Local government" means Pinellas County or any municipality within the
county.
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(b) "Countywide plan" means materials in such descriptive form, written or
graphic, as may be appropriate to the prescription of principles, guidelines, and
standards for the orderly and balanced future economic, social, physical,
environmental, and fiscal development of Pinellas County. The countywide plan shall
include those elements enumerated in subsection (7) of Section 6 of this act.
(c) "Countywide planning authority" means the board of county commissioners,
acting in its capacity as the countywide planning authority through the exercise of its
power under Section 2.04(s) of the Pinellas County Charter.
(d) "Countywide plan map" means a future land use map which designates
proposed general distribution, location, and extent of the uses of land.
(e) "Countywide rules" means those rules, standards, policies, and objectives that
will implement the countywide future land use plan, as provided for in Subsection (8)
of Section 6 of this act. The countywide rules may also be referred to herein as the
rules.
(f) "Land development regulation" means an ordinance enacted by a local
government for the regulation of any aspect of development and includes any local
government zoning, rezoning, subdivision, or building construction regulation or any
other regulation controlling the development of land.
SECTION 4. MEMBERSHIP OF COUNCIL; TERMS OF OFFICE;
VACANCIES, ETC.-
The council shall be composed of the voting membership of the Pinellas County
Metropolitan Planning Organization.
SECTION 5. OFFICERS; MEETINGS; RECORDS; QUORUM;
EXPENSES--
(1) The council shall elect one of its members as chairman, one of its members as vice
chairman, one of its members as treasurer and one of its members as secretary, each of
whom shall serve for the year or until a successor is elected. No person elected chairman
shall serve more than two consecutive years in that capacity.
(2) The council may meet at least once each month, at such place and at such other
times, in special session, as the council, by a majority vote, shall determine, and at any other
time at the call of the chairman. The council shall adopt operating procedures for the
transaction of business and keep a record of its transactions, resolutions, findings,
determinations, recommendations and orders, which record shall be a public record.
(3) At all meetings of the council, a quorum shall consist of a simple majority of the full
membership. No official business of the council may be transacted unless a quorum is
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present. No vacancy in the council shall impair the right of a quorum of the council to
exercise all the rights and perform all the duties of the council. Except as otherwise provided
in this act, all actions of the council shall be a majority vote of those members present.
(4) Members of the council shall be entitled to receive from the council their traveling and
other necessary expenses incurred in connection with the business of the council, as
provided by law, but they shall draw no salaries or other compensation.
SECTION 6. POWER AND DUTIES.--In the performance of its duties and in the
execution of its functions under this act, the council has and shall exercise the following
powers and duties:
(1) To maintain a permanent office at the place or places within Pinellas County as it
may designate. Additional sub-offices may be maintained at such place or places within
Pinellas County as it may designate.
(2) To employ and to compensate such personnel, consultants, and technical and
professional assistants as it may deem necessary.
(3) To make and enter into contracts and agreements.
(4) To hold public hearings and sponsor public forums.
(5) To sue and to be sued in its own name.
(6) To accept and expend funds and grants from and accept and use services from:
(a) The federal government or any agency thereof;
(b) The state government or any agency thereof;
(c) The county government or any agency thereof, including the district school
board;
(d) The several municipalities in Pinellas County or agencies thereof;
(e) The Tampa Bay Regional Planning Council; and
(f) Civic groups, non-profit agencies, etc.
(7) To develop for countywide planning authority approval a countywide plan which shall
include:
(a) A countywide plan map, as defined herein;
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(b) A countywide future land use element, which is supportive of a countywide
managed growth perspective;
(c) A countywide transportation element, which is supportive of mass transit and
other transportation facilities and that recognizes the responsibilities of the
metropolitan planning organization as defined by law and joint agreement;
(d) A countywide intergovernmental coordination element, which is supportive of
enhanced integration of local government land use and transportation planning; and
(e) Any other elements determined by the council or countywide planning
authority to be necessary to establish effective countywide planning.
(8) To develop rules, standards, and criteria that will implement the countywide plan
map. The rules, standards and criteria shall establish parameters that will be used to
determine whether or not local governments' comprehensive plans and land development
regulations are consistent with the countywide plan map and rules. Each land use category
shall, at a minimum, be defined in terms of the types of uses included and specific standards
for the density or intensity of use.
(9) To coordinate countywide growth management issues and procedures consistent
with this act.
(10) To review each element of the countywide plan with the local governments, in order
to assure coordination with local goals and policies and to identify specific countywide
growth management problem areas and to determine progress towards solutions to
identified problems.
(11) When processing amendments to the countywide plan map, to consider the
elements of the countywide plan and the countywide rules.
(12) To conduct a strategic planning session with the countywide planning authority on an
annual basis, or at such other intervals as the council and countywide planning authority
shall agree upon.
SECTION 7. COUNTYWIDE STAFF--
(1) Pursuant to subsection (2) of section 6 of this act the council shall appoint an
independent executive director, who shall serve at the pleasure of the council. The
executive director may employ such other staff as may be needed and shall have the sole
authority to manage the activities of the planning staff. Nothing herein shall prevent the
executive director and the planning staff from being classified or exempt employees of the
Pinellas County Unified Personnel System.
(2) Directors of individual local government planning departments, or their designee,
shall become members of a Planners Advisory Committee. Said committee may, at the
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direction of the council, perform a professional planning review of the council planning staff
recommendations of plans that are to be acted upon by the council. The planners advisory
committee may also include a representative from the planning departments maintained by
the school board, the PSTA and other agencies as the council may determine appropriate.
In addition to the Planners Advisory Committee, the council may appoint such other
committees as it deems necessary, which may be comprised or either elected or non-
elected officials. The committees provided for herein may perform such other duties as
assigned by the council but may not be involved in the administration or executive functions
of the council.
(3) The staff, as recognized herein, shall prepare all plans or other documents that the
council may direct under the provisions of this act and shall assist any committee and the
executive director in day-to-day activities. Said staff shall be governed by such operating
procedures as may from time to time be set forth by the council.
SECTION 8. BUDGET, FISCAL YEAR, APPROPRIATIONS,
CONTRIBUTIONS, ETC.; ANNUAL AUDITS AND
REPORTS.--
(1) The executive director of the council shall annually prepare the budget of the council.
Said budget shall be kept within the limit of funds annually available to the council, and each
item in the budget shall be fully explained. The council shall approve and adopt the annual
millage rate and budget, and all deliberations on the millage rate and budget by the council
shall be done at meetings open to the public. The fiscal year of the council shall be the same
as the board of county commissioners of Pinellas County. Notwithstanding the above, the
board of county commissioners of Pinellas County shall have the right to review the millage
rate and budget, raising or reducing either as it deems necessary. In its review of the millage
rate and budget, the board of county commissioners shall ensure that the council is funded,
at a minimum, at a level that supports the council powers and duties set forth in Section 6.
(2) The tax collector of Pinellas County shall remit directly to the council from the total
taxes collected from the millage certified by the board of county commissioners of Pinellas
County for county purposes, an amount equal to the annual budget but not to exceed one-
sixth (1/6) of a mill on each dollar of the assessed valuation of taxable property made
annually by the property appraiser of Pinellas County. The funds collected pursuant to this
subsection shall only be expended for council purposes.
(3) The council shall cause an independent audit to be performed, to be paid for by the
council. The council shall also prepare an annual report on its activities as a whole.
SECTION 9. COUNTYWIDE PLANNING AUTHORITY OF THE BOARD OF COUNTY
COMMISSIONERS.-- The countywide planning authority of the Pinellas County Board of
County Commissioners is limited to the authority provided for in the county charter and as
provided herein.
SECTION 10. COUNTYWIDE PLAN--
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(1) ADOPTION, REPEAL OR REPLACEMENT.--
(a) The recommendation to adopt, repeal, or replace the countywide plan or
rules, or the adoption of operating procedures as provided in this act shall be by an
affirmative vote of the majority of the entire council. Any recommendation to amend
the countywide plan or rules or any operating procedures shall be by an affirmative
vote of a majority of the members present and constituting a quorum.
(b) The countywide planning authority shall adopt, repeal, or replace the
countywide plan or rules, as recommended by the council, by a majority vote of the
entire board. A majority of the members present and constituting a quorum of the
countywide planning authority is required to make any amendment to the
countywide plan or rules, as recommended for adoption by the council.
(c) Upon adoption by the countywide planning authority, the countywide plan and
rules will have the full force and effect of law countywide. All local governments'
comprehensive plans and land development regulations shall be consistent with the
countywide plan. The countywide planning authority shall have the authority to
enforce the countywide plan.
(2) CONSISTENCY REVIEW.-
(a) As of the effective date of this act, it is hereby acknowledged that the council
has recently reviewed each local government's plan for consistency with the
countywide plan map and rules and determined each such plan to be consistent with
the countywide plan mapand rules, or has outlined the actions necessary to establish
such consistency. After a new countywide plan and rules that conform to the intent
of this act are adopted, it is specifically intended that the local governments' individual
plans be made to conform to the new countywide plan map and rules in concert with
the schedule for the amendments based upon the Evaluation and Appraisal Report
(EAR), as required for local plans under Ch. 163, Fla. Stat., so long as such EAR-
based amendments occur no sooner than two years after the revised countywide
plan and rules are adopted.
(b) Local governments' future land use plans shall be considered to be consistent
with the countywide future land use plan and rules if the local governments' future
land use categories provide for: maximum densities and intensities that are equal to
or lesser than the maximum densities and intensities provided by the corresponding
countywide future land use plan categories; minimum densities and intensities that
are equal to or greater than the minimum densities and intensities provided by the
corresponding countywide future land use plan categories, if applicable; and the
same permitted uses, or a subset thereof, as enumerated in the corresponding
countywide future land use plan categories. Whether the local government's future
land use categories are compatible with the countywide future land use plan shall
also be considered in determining consistency. The term "compatible" means that
7
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the uses allowed by the local government's plan are not in conflict with the
countywide plan. If a local government's future land use plan has been determined to
be consistent with the countywide future land use plan, the local plan shall regulate
development for the subject property as to the use of the property. However, a local
future land use plan or subject property is not exempt from such other standards,
rules, or procedures of the countywide plan as are applicable.
(3) COUNTYWIDE PLAN MAP AMENDMENTS.--
(a) Amendments to the adopted countywide future land use plan relating to a land
use designation for a particular parcel of property may be initiated by the local
government that has jurisdiction over the subject property. Amendments to any
standard, policy, or objective of the countywide plan or rules may be initiated by the
council or any local government.
(b) Amendments to the countywide plan map may be initiated by the council
only under those circumstances set forth in this subsection. In order to
implement a new countywide plan that conforms to the intent of this act, the
council may initiate an amendment to the countywide plan map in order to place
any new plan map categories designated under a new countywide plan on
particular parcels of property, as applicable. Additionally, the council may initiate
amendments to the countywide plan map in order to effectuate significant
countywide planning initiatives that impact more than one jurisdiction, and are
future oriented and policy-driven.
(c) The council shall have sixty days after the day an application is filed with the
council to act on that amendment and forward the recommendation to the
countywide planning authority. Action by the council may include recommendation for
approval, denial, continuation, or an alternative compromise amendment, any of
which shall constitute action by the council within the stipulated sixty-day period.
Provision for the council to make a recommendation for an alternative compromise
amendment shall be as approved and set forth in the rules.
(d) All amendments initiated by a local government or the council shall be
transmitted to the countywide planning authority with a recommendation by the
council. A majority plus one of the entire countywide planning authority is required to
take any action on the proposed amendment which is contrary to the council's
recommendation. A recommendation shall be received by the countywide planning
authority prior to its taking action on an amendment.
(e) After a public hearing is held, if the countywide planning authority votes to
deny the amendment, any substantially affected person, the council, or the local
government that initiated the plan amendment may seek a hearing pursuant to
chapter 120, Florida Statutes. Any substantially affected person may participate in
the hearing. At the conclusion of the hearing, the hearing officer's recommended
order shall be forwarded to and considered by the countywide planning authority in a
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final hearing. The basis for the countywide planning authority's final decision
approving or denying the proposed amendment is limited to the findings of fact of the
hearing officer. This paragraph shall only apply to any amendments to the
countywide plan map.
(f) The council may contract with the Department of Administration to provide the
hearing officers required by this act. The council shall be responsible for
compensating the Department of Administration for costs incurred by the department
in the hearing process. Except as provided in paragraph (d), the council and the
countywide planning authority are not subject to chapter 120, Florida Statutes.
(g) An administrative hearing under paragraph (d) is limited to a review of the
facts pertaining to the subject property, the countywide future land use plan, and
those rules, standards, policies, and procedures applicable thereto. An administrative
hearing is not the appropriate forum for a constitutional challenge.
(h) Decisions by the countywide planning authority, acting in its capacity under
this act, are legislative in nature. Decisions made by the countywide planning
authority subsequent to a final order pursuant to a hearing under paragraph (d) may
be challenged by writ of certiorari in a court of competent jurisdiction.
SECTION 11. PUBLIC HEARING AND NOTICE REQUIREMENTS.
(1) PUBLIC HEARING BEFORE THE COUNCIL. The council shall hold at least one
public hearing to consider recommending adoption or amendment of the countywide plan or
rules. More than one public hearing may be required at the discretion of the council. The
location of public hearings shall be determined by the council.
(2) PUBLIC HEARING BEFORE THE COUNTYWIDE PLANNING AUTHORITY. An
ordinance adopted by the countywide planning authority which adopts or amends the
provisions of the countywide plan or rules shall be enacted or amended pursuant to the
following procedure:
(a) For an amendment to the adopted countywide plan map relating to property
involving less than one percent of the county, the countywide planning agency shall
hold a public hearing on the proposed ordinance.
(b) For an adoption of or amendment to the elements of the countywide plan, the
countywide rules, or an amendment to the adopted countywide plan map relating to a
land use designation for property involving more than or equal to one percent of the
county, or for an adoption of or any amendment to the countywide plan map initiated
by the council, the countywide planning authority shall hold two advertised public
hearings on the proposed ordinance. At least one of the hearings shall be held after
5 p.m. on a weekday and the second hearing shall be held approximately two weeks
after the first hearing.
9
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(3) FORM OF NOTICE
(a) At least two weeks prior to any public hearing required herein, notice of the
time and place of such public hearing shall be given by publication in a newspaper of
general circulation in the county. Nothing in this section shall prevent the required
advertisement from serving as notice for both the council and countywide planning
agency public hearings. However, where a second public hearing is required before
the countywide planning authority, a second advertisement shall be published in a
newspaper of general circulation at least five days prior to the second public hearing.
(b). The required advertisement may not be less than two columns wide by ten
inches long in a standard size or a tabloid size newspaper. The advertisement may
not be placed in that portion of the newspaper where legal notices and classified
advertisements appear. The advertisement must be published in a newspaper of
general paid circulation in the county and of general interest and readership in the
community pursuant to chapter 50, Florida Statutes, not one of limited subject
matter. The advertisement shall be in substantially the following form:
NOTICE OF ... (adoption or amendment) ... OF
COUNTYWIDE PLAN OR RULES
The Pinellas Planning Council and the Board of County
Commissioners, acting as the Countywide Planning Authority,
propose(s) to adopt or change a regulation affecting the use of
land for the area shown in the map in this advertisement.
A public hearing on the regulation affecting the use of land
will be held on ... (date and time) ... at ... (meeting place) ...
The advertisement shall also contain a geographic location map which clearly
indicates the area covered by the proposed ordinance or resolution. The map shall
include major street names as a means of identification of the area.
(c) For amendments to the countywide plan map that were not initiated at the
local level by the owner of the property that is the subject of the amendment, the
council shall mail a notice to the real property owner at the address set forth in the
latest ad valorem tax records. Such notice shall, at a minimum, include the time and
place of any required hearings before the council and the countywide planning
authority.
(d) In addition to publishing the advertisements set out in this paragraph, the
countywide planning authority may mail a notice to each person owning real property
within the area covered by the ordinance. Such notice must clearly explain the
10
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Attachment number 5
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proposed ordinance and shall notify the person of the time, place, and location of any
public hearing(s) on the proposed ordinance.
SECTION 12. CONTRACTUAL SERVICES.--The council and local governments shall
have the authority to contract with one another, with the Tampa Bay Regional Planning
Council, or with the Department of Community Affairs for the furnishing of such services and
assistance as may be necessary or proper under (the furnishing of such services and
assistance as may be necessary or proper under) the provisions of this act. The council may
make available any plan, code, or regulation to any other county federal agency, planning
agency, or municipality upon such terms as may be mutually agreed upon.
SECTION 13. SEVERABILITY.--It is declared to be the intent of the legislature that, if
any section, subsection, sentence, clause or provision of this act is held invalid by any court
of competent jurisdiction, the remainder of the act shall not be affected.
SECTION 14. CHAPTER 163, PART II, FLORIDA STATUTES.--Nothing in Chapter 73-
594, as amended, shall be construed to allow any municipality or county to adopt a local
government comprehensive plan required by Chapter 163, Part II, Florida Statutes or any
amendment to such plan, that does not comply with Chapter 163, Part II, or any applicable
rule or regulation adopted by the Department of Community Affairs to implement Chapter
163, Part II. In addition, nothing in Chapter 73-594, as amended, shall be construed to allow
any development order, as defined in s. 163.3164, to be issued by the county or any
municipality in the county that is not consistent with the plans adopted pursuant to Chapter
163, Part II, and any applicable rule or regulation adopted by the Florida Department of
Community Affairs to implement Chapter 163, Part II.
SECTION 15. EFFECTIVE DATE.--
Item # 36
Attachment number 6
Page 1 of 17
A SPECIAL ACT
ESTABLISHING THE PINELLAS PLANNING COUNCIL
AND
COUNTYWIDE PLANNING AUTHORITY
FOR
PINELLAS COUNTY, FLORIDA
This document consolidates Chapter 73-594, Laws of Florida, as amended by Chapters 74-
584, 74-586, 76-473, 88-464, and 90-396, Laws of Florida. See also Chapter 88-458, Laws
of Florida, amending Article II, Home Rule Charter for Pinellas County. This is an unofficial
compilation of these statutory provisions and is intended only to conveniently locate the
cumulative amended provisions in one, easily discernible document.
The individual statutory provisions should be referenced and cited for any official citation.
Item # 36
Attachment number 6
Page 2 of 17
SECTION 1. COUNTY PLANNING COUNCIL CREATED.-there is hereby created a
countywide planning and coordinating council to be known as the "Pinellas SeeatPlanning
Council", hereinafter referred to as the "council".
SECTION 2. PURPOSE OF COUNCIL; LEGISLATIVE INTENT;
(1) The legislature recognizes the social and economic interdependence of the people
residing within Pinellas County and the common interest they share in its future
development. The legislature also recognizes that individual plans and decisions heretofore
made by local governments within the county have affected the welfare of the entire county
as well as neighboring jurisdictions and, therefore, the legislature intends that the purpose of
this act is to provide a means for:
(a) The formulation and execution by the council of the objectives and policies
necessary for the orderly growth, development and environmental protection of
Pinellas County as a whole with a focus on those issues deemed to have an impact
countywide.
(b) The coordination by the council of all planning and development in Pinellas
County with regional planning objectives in the Tampa Bay area as developed by the
Tampa Bay Regional Planning Council, the Tampa Bay Area Regional
Transportation Authority ("TBARTA"), the Pinellas Suncoast Transit Authority
("PSTA") the Pinellas County Metropolitan Planning Organization ("MPO") , and the
Florida Department of Community Affairs.
(2) The legislature further recognizes that the future of Pinellas County, its permanent
residents and the millions of tourists who annually visit the county is dependent upon the
way the natural and man-made resources of land, air and water are guided into use and re-
water Fereume
use through systems,
maRagement-,transportation systems, ,
urban development and redevelopment, and all other comprehensive planning activities.
(3) The legislature further intends the purpose of this act is to provide a means for the
coordination by the council of the transportation planning functions undertaken by the MPO
with the council's land use planning functions in a manner that more fully integrates these
two functions in a complementary manner, as well as the integration of the membership of
the boards of the council and MPO, such that a single, combined board shall perform the
functions of both the council and the MPO.
SECTION 3. DEFINITIONS.-
2 Item # 36
Attachment number 6
Page 3 of 17
As used in this act, the term:
(a) "Local government" means thePinellas County-se or any municipality
within the county.
(b) "Countywide GGMprehoncio plan" means materials in such descriptive form,
written or graphic, as may be appropriate to the prescription of principles, guidelines,
and standards for the orderly and balanced future economic, social, physical,
environmental, and fiscal development of Pinellas County. The countywide
semprehensive-plan shall include a GOUn, ry-oide fut? art re land use plan and those
add+tienal elements enumerated in subsection (7) of Section 6 of this act.
(c) "Countywide planning authority" means the board of county commissioners,
acting in its capacity as the countywide planning authority through the exercise of its
power under Section 2.04(s) of the Pinellas County Charter.
(ed) "Countywide future land use plan map" means a future land use map
which designates proposed f„te-general
distribution, location, and extent of the uses of land for re-cuQantmal uses,-wmRerGia
land.
e) "Countvwide rules" means those rules, standards, policies, and obiectives that
will implement the countywide future land use plan, as provided for in Subsection (8)
of Section 6 of this act. The countywide rules may also be referred to herein as the
rules.
(4fl "Land development regulation" means an ordinance enacted by a local
government for the regulation of any aspect of development and includes any local
government zoning, rezoning, subdivision, or building construction regulation or any
other regulation controlling the development of land.
SECTION -4. MEMBERSHIP OF COUNCIL; TERMS OF OFFICE;
VACANCIES, ETC.-
O -The council shall be composed of the voting membership of the Pinellas County
Metropolitan Planning Organization.
follows:
Item # 36
Attachment number 6
Page 4 of 17
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Item # 36
Attachment number 6
Page 5 of 17
SECTION 45. OFFICERS; MEETINGS; RECORDS; QUORUM;
EXPENSES-
(1) The council shall elect one of its members as chairman, one of its members as vice
chairman, one of its members as treasurer and one of its members as secretary, each of
whom shall serve for the year or until a successor is elected. No person elected chairman
shall serve more than two consecutive years in that capacity.
(2) The council may meet at least once each month, at such place and at such other
times, in special session, as the council, by a majority vote, shall determine, and at any other
time at the call of the chairman. The council shall adopt operating procedures for the
transaction of business and keep a record of its transactions, resolutions, findings,
determinations, recommendations and orders, which record shall be a public record.
(3) At all meetings of the council, a quorum shall consist o. eight members a simple
maiority of the full membership. No official business of the council may be transacted unless
a quorum is present. No vacancy in the council shall impair the right of a quorum of the
council to exercise all the rights and perform all the duties of the council. Except as
otherwise provided in this act, all actions of the council shall be a majority vote of those
members present.
5
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Attachment number 6
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(4) Members of the council shall be entitled to receive from the council their traveling and
other necessary expenses incurred in connection with the business of the council, as
provided by law, but they shall draw no salaries or other compensation.
SECTION 56. POWER AND DUTIES.--In the performance of its duties and in the
execution of its functions under this act, the council has and shall exercise the following
powers and duties:
(1) To maintain a permanent office at the place or places within Pinellas County as it
may designate. Additional sub-offices may be maintained at such place or places within
Pinellas County as it may designate.
(2) To employ and to compensate such personnel, consultants, and technical and
professional assistants as it may deem necessary.
(3) To make and enter into contracts and agreements.
(4) To hold public hearings and sponsor public forums.
(5) To sue and to be sued in its own name.
(6) To accept and expend funds and grants from and accept and use services from:
(a) The federal government or any agency thereof;
(b) The state government or any agency thereof;
(c) The county government or any agency thereof, including the district school
board;
(d) The several municipalities in Pinellas County or agencies thereof;
(e) The Tampa Bay Regional Planning Council; and
(f) Civic groups, non-profit agencies, etc.
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Attachment number 6
Page 7 of 17
(97) To develop for countywide planning authority approval ot?e -e;°,-®;, a
countywide GompFehencieea plan which shall include:
(a) A countywide plan map, as defined herein;
(ab) ; A countywide future land use
element, which is supportive of a countywide managed growth perspective;
(bc) A countywide transportation element, which is supportive of
that amass transit and other transportation facilities and that recognizes the
responsibilities of the metropolitan planning organization as defined by law and joint
agreement;
(d) ,
A countywide intergovernmental
coordination element, which is supportive of enhanced integration of local
government land use and transportation planning; and
(e) ; Any other elements determined by the council
or countywide planning authority to be necessary to establish effective countywide
planning.
(e) A nn, ,n41 id- ne°+ne?onea$inn ®lomon}•
(g) A nn„niywide. nnac$al °management alum®n$•
?9
nd
(h) A rr)„nh Widen intergovernmental nnnrrJin+a$inn elements a
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Item # 36
Attachment number 6
Page 8 of 17
(8) To develop rules, standards, and criteria that will implement the countywide plan
map. The rules, standards and criteria shall establish parameters that will be used to
determine whether or not local governments' comprehensive plans and land development
regulations are consistent with the countywide plan map and rules. Each land use category
shall, at a minimum, be defined in terms of the types of uses included and specific standards
for the density or intensity of use. At a minim, rn the rule nr standard shall inn6 de intensity
and traf^ generation rateC
(9) To coordinate countywide growth management issues and procedures consistent
with this act.
(10) To review each element of the countywide w ehenplan with the local
government basis, in order to assure coordination with local goals and policies
and to identify specific countywide growth management problem areas and to determine
progress towards solutions to identified problems.
(11) When processing amendments to the countywide wm Fehe-plan map, to
consider the ,
GOntained in that nlaR; and the rather elements of the countywide nnmprehencive plan and
the countywide rules.
(12) To conduct a strategic planning session with the board of --G?
countywide planning authority on an annual basis, or at such other intervals
as the council and countywide planning authority shall agree
SECTION 67. COUNTYWIDE PLANNING DEPARTIVIGnrrSTAFF--
(1)
Pursuant to
subsection (2) of section 6 of this act, the council shall appoint an independent executive
director, who shall serve at the pleasure of the council. The executive director may employ
such other staff as may be needed fer the n',aniling-d partme,Rt. T-"T ^? ?t?a;reGtOF and
shall have the sole authority to manage the activities of the planning staff. Nothing herein
Item # 36
Attachment number 6
Page 9 of 17
shall prevent the executive director and the planning staff from being classified or exempt
employees of the Pinellas County Unified Personnel System.
(2) Directors of individual local government planning departments, or their designee,
shall aatemat+eally-become members of athe Planners Advisory Committee. Said committee
may, at the direction of the council, perform a professional planning review of the council
planning staff recommendations of plans that are to be acted upon by the council. The
The planners
advisory committee may also include a representative from the planning departments
maintained by the IeGal gGve rnents the school board, the PSTA and other agencies as the
council may determine appropriate. planning, goveMment shall either establish a professional plaRRing depaFtMeRt, FetaiR
professional seFV*Ge6. In addition to the Planners Advisory Committee, the council may
appoint such other committees as it deems necessary, which may be comprised or either
elected or nonelected officials. The committees provided for herein may perform such other
duties as assigned by the council but may not be involved in the administration or executive
functions of the council.
(3) The planning departmen+staff, as recognized herein, shall prepare all plans or other
documents that the council may direct under the provisions of this act and shall assist any
committee and the executive director in day-today activities. Said depa#rAent.staff shall be
governed by such operating procedures as may from time to time be set forth by the council.
SECTION 7-8. BUDGET, FISCAL YEAR, APPROPRIATIONS,
CONTRIBUTIONS, ETC.; ANNUAL AUDITS AND
REPORTS.--
(1) The executive director of the council shall annually prepare the budget of the council.
Said budget shall be kept within the limit of funds annually available to the council, and each
item in the budget shall be fully explained. The council shall approve and adopt the annual
millage rate and budget, and all deliberations on the millage rate and budget by the council
shall be done at meetings open to the public. EaGh organi"fieR nnntrib Linn to the
The fiscal year of the
council shall be the same as the board of county commissioners of Pinellas County.
Notwithstanding the above, the board of county commissioners of Pinellas County shall
have the right to review the millage rate and budget, raising or reducing +teither as it deems
necessary. In its review of the millage rate and budget, the board of county commissioners
shall ensure that the council is funded. at a minimum, at a level that supports the council
owers and duties set forth in Section 6.
Item # 36
Attachment number 6
Page 10 of 17
the GO-1-1-61, PrO-Vid
(43)1 In 4h® ®i®r,++hn a„rli$sr rr®n®r"I goes not audit eanh t®arTthe council afd of
d shall cause an independent audit to be performed,
G9URty GO .6 4 R_ as to be paid for by the council. The council shall also prepare an annual pre report on its
activities as a whole.
SECTION 8. PUBLIG HEARINGS; NOTIGE.
(1) At least one PLIbliG heaF'RG Gh-11 b- Fe-quir-ed prier to the adoption 9F amendment-of
The att I;- hearings shall h® r et._FmiRed by th® nne,nr•il
Other
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SECTION 98 ADOPT ION OF P LAN&
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SECTION 994-99. COUNTYWIDE PLANNING AUTHORITY OF THE BOARD OF
COUNTY COMMISSIONERS.— The countywide planning authority of the Pinellas County
Board of County Commissioners is limited to the authority provided for in the coun charter
and as provided herein.
10
Item # 36
Attachment number 6
Page 11 of 17
nYA\/I. -.4 h®Y®IY1
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A PTlll A BY THE STATE FLO
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SECTION 109. -COUNTYWIDE PLAN--
(1) ADOPTION, REPEAL OR REPLACEMENT.-
a) The recommendation to adopt. repeal. or replace the coun ide plan or
rules, or the adoption of operating procedures as provided in this act shall be by an
affirmative vote of the majority of the entire council. Any recommendation to amend
the coun ide plan or rules or any operating procedures shall be by an affirmative
vote of a majority of the members present and constituting a quorum.
(2) CONSISTENCY VIE.-
11 Item # 36
Attachment number 6
Page 12 of 17
(a) As of the effective date of this act, it is hereby acknowledged that the council
has recently reviewed each local government's plan for consistency with the
countywide plan map and rules and determined each such plan to be consistent with
the countywide plan- mapand rules, or has outlined the actions necessary to
establish such consistency. After a new countywide plan and rules that conform to
the intent of this act are adopted, it is specifically intended that the local governments'
individual plans be made to conform to the new countywide plan map and rules in
concert with the schedule for the amendments based upon the Evaluation and
Appraisal Report (EAR), as required for local plans under Ch. 163, Fla. Stat., so lonq
as such EAR-based amendments occur no sooner than two years after the revised
countywide plan and rules are adopted.
(bds) Local governments' future land use plans shall be considered to be consistent
with the countywide future land use plan and rules if the local governments' future
land use designations aFe categories provide for: maximum densities and intensities
that are equal to or lesser than the maximum densities and intensities provided by
the corresponding countywide future land use plan categories; minimum densities
and intensities that are equal to or greater than the minimum densities and
intensities provided by the corresponding countywide future land use plan categories,
if applicable: and the same permitted uses, or a subset thereof, as enumerated in the
corresponding countywide future land use plan categories. eq g°' pEless intense use
^r at agg: ? ',,weF den°ifi??Whether the local government's future land use
desigaatiens-categories are compatible with the countywide future land use plan shall
also be considered in determining consistency. The term "compatible" means that
the uses allowed by the local government's plan are not in conflict with the
countywide plan. If a local government's future land use plan has been determined to
be consistent with the countywide future land use iprovides for a less intense land
, the local plan shall regulate development for the subject
property as to the'°cc inteA% or !ewer density use of the property. However, a local
future land use plan or subject property is not exempt from such other standards,
rules, or procedures of the countywide GOMpr°h°ncni° plan as are applicable.
1 (43) COUNTYWIDE PLAN MAP AMENDMENTS.--
(a) Amendments to the adopted countywide future land use plan relating to a land
use designation for a particular parcel of property may be initiated ^n'?,,,y b?"?
seURsil-eFthe a-local government that has jurisdiction over the subject property.
Amendments to ate- standard, policy, or objective of the countywide fife land
use plan or the elemeRt6 eRurneFated OR implementing rules subseGtiOR (8) of SeGtien
5 Of this Est-may be initiated by the council or any local government.
12
Item # 36
Attachment number 6
Page 13 of 17
(b) Amendments to the countywide f t Fe land u 4 plan map
may be initiated by the council
only under those circumstances set forth in this subsection. In order to
implement a new countywide plan that conforms to the intent of this act, the
council may initiate an amendment to the countywide plan map in order to place
any new plan map categories designated under a new countywide plan on
particular parcels of property, as applicable. Additionally, the council may initiate
amendments to the countywide plan map in order to effectuate n aior significant
countywide planning initiatives that impact more than one jurisdiction, and are
future oriented and policy-driven.
(cb) The council shall have sixty days after the day an application is filed with the
council to act on that amendment and forward the recommendation to the
countywide planning authority. Action by the council may
include recommendation for approval, denial, continuation, or an alternative
compromise amendment, any of which shall constitute action by the council within
the stipulated sixty-day period. Provision for the council to make a recommendation
for an alternative compromise amendment shall be as approved and set forth in the
rules plan.
the administration 9f the GGuntywide futuFe land use (ds) All amendments initiated by a local government or the council shall be
transmitted to the countywide planning authority with a recommendation by the
council. A majority plus one of the entire countywide planning authority is required to
take any action on the proposed amendment which is contrary to the council's
recommendation. A recommendation shall be received by the countywide planning
authority prior to its taking action on an amendment.
120, F lorida Statutes. AR Y substa ntially a#eG ted peFSGR may paFtiGipate iR the
r
s ed ameRdment is l imited to the fiRd'R
S of faGt of t he heaFiR
Ofter
p
opo g g
.
(ed)
13 Item # 36
Attachment number 6
Page 14 of 17
After a public hearing is held, if the beard-ef
GOURty GO countywide planning authority votes -to
deny the amendment, any substantially affected person, the council, or the beafd-ef
local government that initiated the plan amendment may seek
a hearing pursuant to chapter 120, Florida Statutes. Any substantially affected
person may participate in the hearing. At the conclusion of the hearing, the hearing
officer's recommended order shall be forwarded to and considered by the beard-ef
GGWRty countywide planning authority in a final hearing. The basis for
the board Of GOURty countywide planning authority's final decision
approving or denying the proposed amendment is limited to the findings of fact of the
hearing officer. This paragraph d^a?tshall only apply to any amendments to the
countywide plan man ade to the elements ens n;eFated in 6 bseGtien (8) of 6eGtion 5
o# this ast.
(fe) The council may contract with the Department of Administration to provide the
hearing officers required by this act. The council shall be responsible for
compensating the Department of Administration for costs incurred by the department
in the hearing process. Except as provided in paragraphs (G) and (d), the council and
the countywide planning authority are not subject to
chapter 120, Florida Statutes.
(g#) An administrative hearing under paragraph-(GyGr-paragraph (d) is limited to a
review of the facts pertaining to the subject property, the countywide future land use
plan, and those rules, standards, policies, and procedures applicable thereto. An
administrative hearing is not the appropriate forum for a constitutional challenge.
(hg) Decisions by the countywide planning
authori , acting in its capacity under this act, are legislative in nature. Decisions
made by the countywide planning authority
subsequent to a final order pursuant to a hearing under paragraph r-paragraph
(d) may be challenged by writ of certiorari in a court of competent jurisdiction.
SECTION 110. PUBLIC HEARING AND NOTICE REQUIREMENTS.
(1) PUBLIC HEARING BEFORE THE COUNCIL. The council shall hold at least one
public hearing to consider recommending adoption or amendment of the countywide plan or
rules. More than one public hearing may be required at the discretion of the council. The
location of public hearings shall be determined by the council.
(2) PUBLIC HEARING BEFORE THE COUNTYWIDE PLANNING AUTHORITY. An
ordinance adopted by the countywide planning authority which adopts or amends the
provisions of the countywide plan or rules shall be enacted or amended pursuant to the
following procedure:
(6) PUBLIC HEARING MFG RE THEM GOUNGIL. An eFdonanGe adopted by the bea
14
Item # 36
Attachment number 6
Page 15 of 17
(a) For an amendment to the adopted countywide plan map relating to property
involving less than one percent of the county, the countywide planning agency shall
hold a public hearing on the proposed ordinance.
(ab) For an adoption of or amendment to the elements of pnl.ans, rues standards,
the countywide plan 1 the countywide
rules, or an amendment to the adopted countywide future land use plan map relating
to a land use designation for a paFtiGUIar par-Gel of property involving more than 5 or
equal to one percent of the county, or for an adoption of or any amendment to the
countywide plan map initiated by the council, the countywide planning authority shall
hold two advertised public hearings on the proposed ordinance. At least one of the
hearings shall be held after 5 p.m. on a weekday and the second hearing shall be
held approximately two weeks after the first hearing.
1 The board "f n"U Rty nrmmissinners shall hold fide advertised p blip
heaFiRgS on the pmpesed erdinanGe. At least ene of the heaFiRgs shall be held afteF 5 p.m.
en a weekday, aRd the fiFst shall pFoximately 7 days afteF the day that the fiFs
, _....-,
fifst?
(3) FORM OF NOTICE
a) At least two weeks prior to anv public hearing required herein, notice of the
time and place of such public hearing shall be given by publication in a newspaper of
general circulation in the county. Nothing in this section shall prevent the required
advertisement from serving as notice for both the council and countywide planning
agency public hearings. However, where a second public hearing is required before
the countywide planning authority, a second advertisement shall be published in a
newspaper of general circulation at least five days prior to the second public hearing.
-2&. The required advertisement may not be less than one two
columns wide by ten inches long in a standard size or a tabloid size newspaper
the h eadline in the smaller than 19 peon t
„??„advert-iseraer?t ma?et-be-i+a-gypa .The
advertisement may not be placed in that portion of the newspaper where legal
notices and classified advertisements appear. The advertisement must be published
in a newspaper of general paid circulation in the county and of general interest and
readership in the community pursuant to chapter 50, Florida Statutes, not one of
limited subject matter. The advertisement shall be in substantially the following form:
NOTICE OF ... (adoption or amendment) ... OF PLANS, RULES,
STANDARDS, POLICIES, OR OBjECTIVES OF THE
COUNTYWIDE GOMPREHE SIVE PLAN OR RULES
15
Item # 36
Attachment number 6
Page 16 of 17
The Pinellas Planning Council and the Board of County
Commissioners, acting as the Countywide Planning Authority,
proposefsl to adopt or change a regulation affecting the use of
land for the area shown in the map in this advertisement.
A public hearing on the regulation affecting the use of land
will be held on ... (date and time) ... at ... (meeting place) ...
The advertisement shall also contain a geographic location map which clearly
indicates the area covered by the proposed ordinance or resolution. The map shall
include major street names as a means of identification of the area.
(c) For amendments to the countywide plan map that were not initiated at the
local level by the owner of the property that is the subject of the amendment, the
council shall mail a notice to the real property owner at the address set forth in the
latest ad valorem tax records. Such notice shall at a minimum include the time and
place of any required hearings before the council and the countywide planning
authori .
dsl_3.In Lieu-afaddition to publishing the advertisements set out in this paragraph,
the board Of GGunty GGMFnffi6GiGReFs countywide planning authority may mail a notice
to each person owning real property within the area covered by the ordinance. Such
notice must clearly explain the proposed ordinance and shall notify the person of the
time, place, and location of iaMpublic hearingisl on the proposed ordinance.
whose land is affeGted by the Ghange on laRd use desigRation enaGted by the
FeG9Fd6. The RGtiGe must state the 6-ubstaRGe of the proposed erdffiRaRGe OF Fesel
as it affeGts that propeFty owner and shall set a time and plaGe for one or FneFe publi
prier to the date set fbF the publiG hearing, and a GOPY 9f SUGh netire shall be I(ept
SECTION 4412. CONTRACTUAL SERVICES.-The council and local governments
shall have the authority to contract with one another, with the Tampa Bay Regional Planning
Council, or with the Department of Community Affairs for the furnishing of such services and
assistance as may be necessary or proper under (the furnishing of such services and
assistance as may be necessary or proper under) the provisions of this act. The council may
make available any plan, code, or regulation to any other county federal agency, planning
agency, or municipality upon such terms as may be mutually agreed upon.
16
Item # 36
Attachment number 6
Page 17 of 17
SECTION 4.213. SEVERABILITY.-It is declared to be the intent of the legislature that, if
any section, subsection, sentence, clause or provision of this act is held invalid by any court
of competent jurisdiction, the remainder of the act shall not be affected.
SECTION 4,314. CHAPTER 163, PART II. FLORIDA STATUTES.--Nothing in Chapter 73-
594, as amended, shall be construed to allow any municipality or county to adopt a local
government comprehensive plan required by Chapter 163, Part II, Florida Statutes or any
amendment to such plan, that does not comply with Chapter 163, Part II, or any applicable
rule or regulation adopted by the Department of Community Affairs to implement Chapter
163, Part II. In addition, nothing in Chapter 73-594, as amended, shall be construed to allow
any development order, as defined in s. 163.3164, to be issued by the county or any
municipality in the county that is not consistent with the plans adopted pursuant to Chapter
163, Part II, and any applicable rule or regulation adopted by the Florida Department of
Community Affairs to implement Chapter 163, Part II.
SECTION 4415. EFFECTIVE DATE.-_ This Art, adepted by GhapteF 73 , is as
amended through and iRGluding the _?mendknents on Chapter 90 396, Laws of ,
eff?;Ye june 1, 1990
17 Item # 36
Attachment number 7
Page 1 of 2
RESOLUTION 10-28
A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, IN
SUPPORT OF THE RECOMMENDATIONS OF THE JOINT LAND
USE AND TRANSPORTATION COMMITTEE, INCLUDING
AMENDMENT TO THE PINELLAS PLANNING COUNCIL'S
SPECIAL ACT; PROVIDING AN EFFECTIVE DATE.
WHEREAS, a Joint Land Use and Transportation Committee ("Joint
Committee"), consisting of three (3) representatives from the Pinellas Planning Council
("PPC"), three (3) representatives from the Board of County Commissioners ("BCC"),
and three (3) representatives from the Metropolitan Planning Organization ("MPO") was
convened in April of 2010 to study the potential for integrating of transportation and
future land use planning at the countywide level; and
WHEREAS, the Joint Committee deliberated for several months, reaching its
conclusions in a consensus driven manner; and
WHEREAS, the Joint Committee has recommended that the MPO and PPC
functions be more closely aligned on transportation and land use issues to create a
more streamlined and integrated process, which should identify and eliminate any
redundancies, disconnects, or inefficiencies in the current system; and
WHEREAS, the Joint Committee recommended that this integrated process
include a new Countywide Future Land Use Plan, which establishes a broad, forward-
looking land use planning framework, incorporates and guides multimodal transportation
planning, and allows sufficient flexibility to accommodate the redevelopment needs of
Pinellas County; and
WHEREAS, the Joint Committee determined that the most effective way to
achieve these goals would be to unify the membership of the boards of the MPO and
the PPC into a single consolidated board that would be empowered to carry out the
functions of both the MPO and PPC; and
WHEREAS, the establishment of
reapportionment of the MPO membership,
Section 339.175, Florida Statutes; and
the new consolidated board will require
which must be done in conformance with
WHEREAS, the establishment of the new consolidated board will require
amendment of the PPC's Special Act.
NOW THEREFORE, be it resolved by the City Council of the City of Clearwater,
Florida:
ResolutitterYp41ffi6
Attachment number 7
Page 2 of 2
Section 1. The City hereby declares its support for the recommendations of
the Joint Committee, including:
1. The boards of the MPO and the PPC should be consolidated and
empowered to carry out the functions of both the MPO and the PPC;
2. The new consolidated board should consist of elected officials and ensure
representation for all municipalities;
3. The countywide plan should be reconstituted into a forward-looking plan
that is policy driven and broad based;
4. The new consolidated board will be supported by a consolidated,
independent staff;
5. The Special Act that created the PPC should be amended to provide the
necessary framework to accomplish these recommendations; and
6. The Reapportionment Plan be prepared and approved consistent with
these amendments to the Special Act and these recommendations.
Section 2. The City encourages the Pinellas County Legislative Delegation to
support the legislation necessary to accomplish the recommendations of the Joint
Committee, as set forth herein.
Section 3. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this day of , 2010.
Frank V. Hibbard
Mayor
Approved as to form: Attest:
Pamela K. Akin
City Attorney
Rosemarie Call
City Clerk
2
ResolutitterYp41ffi6
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Undesignated Fund Balance in the Central Insurance Fund - Councilmember Jonson
SUMMARY:
The current Council Policy regarding Central Insurance Fund reserves is as follows:
S. Central Insurance Reserve Policy.
Meeting Date: 10/21/20 10
It is a policy of the City Council to maintain a Central Insurance Fund reserve to guard against unforeseen or uninsured costs or
increases in property, workers' compensation, health or liability insurance. The target minimum balance for this reserve is equal to
75% of the actuarially calculated self-insurance reserve liability. If reserves are drawn down below the above target minimum
balance, the City will develop a plan to replenish the reserves, generally within five (5) years.
Note: Policy S was revised and approved by Council September 20, 2007.
As of September 30, 2009, this target minimum balance would be approximately $6 million dollars.
The current balance of the Central Insurance Fund reserves is estimated to be approximately $28.2 million as of September 30,
2010 (prior to closing the books). After deducting the Council policy minimum reserve of $6 million, and the 8.5% of 2011
budget of $1.5 million (we have used the general fund reserve policy for internal service funds as well), and $4.4 million of loans
to other funds, there is approximately $16.3 million in excess reserves at the current time.
Staff believes that prior to reducing available reserves in the Central Insurance Fund, or designating reserves for specific purposes,
Council should revisit the reserve policy due to the following factors:
1. We currently insure our property for significantly less than our Total Insured Value. The City has $580 million in assets,
including approximately $48 million in fleet assets. Until 2006, the City insured for its Total Insured Value which, at that time,
was $409 million. Since 2006, coverage has been less than its Total Insured Value. Currently, the City has only $35 million of
coverage on property. A more detailed description of the City's insurance programs and associated risks is available for review.
2. We live in an area that is subject to significant weather events, which would put a drain on operating budgets due to the
overtime required to recover from such weather events or other emergencies.
3. Health insurance costs are continuing to rise, which could make self-insuring employee health insurance a fiscally responsible
thing to do in the near future. If the City were to self-insure employee health insurance, reserves would need to be established for
the health insurance.
4. The City frequently has projects that it would like to start, prior to appropriate funds being available. In addition, some projects
that will result in future operating savings need a funding source. The ability to use or loan funds from the Central Insurance Fund
has provided flexibility to the Council.
Accounting rules governing reserves do not allow formal designations of reserves on the face of our financial statement for
proprietary funds (like the Central Insurance Fund). Council can designate reserves as part of their policy, but it cannot be
reported on the face of the financial statements.
Review 1) Financial Services 2) Office of Management and Budget 3) Clerk 4) Assistant City Manager 5) Clerk 6) City
Approval: Manager 7) Clerk
Cover Memo
Item # 37
Attachment number 1
Page 1 of 3
Summary of Limits of Insurance
Central Insurance Fund Reserve Discussion
Auto Liability and Commercial General Liability Insurance. The City's program is an
excess program. The City maintains a self-insured retention of $500K on each occurrence
submitted to the City. FS 768.28 applies to Florida torts and a cap of $100K per claim/$200K
aggregate would apply. There is no such cap for Federal claims, including civil rights claims.
The policy limits are $7M to a calendar year limit of $14M.
The City's reserves would be used to pay claims lower than the $500K self-insured retention and
higher than the insurance limits.
As of 9/28/10, the City had 172 open liability claims. It spent $703K during fiscal year 2010 in
response to liability claims and has reserved an additional $769K to for the open claims currently
on file.
The City's claims history has been excellent, and no liability claims to date have passed the
$500K self-insured retention. The legislature appears to remain quite conservative and approves
only a handful of claims bill claims each year. However, the City operates in many diverse
functions and high risk activities, and the City has significant exposure for claims and
subsequent potential claims bills.
The October 1, 2011, increase in the sovereign immunity cap will not only increase the cap but
also lead to higher settlements below the cap. Currently, many claims come in with an initial
demand of $100K (the current cap). Claims often settle between $15K and $50K. After
October 1, 2011, the initial demand is anticipated to be $200K (the new cap).
Coverage is quite broad, but there are some exposures where there is no coverage.
Workers' Compensation Insurance. The City's workers' compensation program is part of the
liability program stated above. The City maintains a self-insured retention of $500K, and there
is only the statutory limit on workers' compensation claims. As long as the City is required to
pay on the claim, coverage will be provided.
The City's reserves will be used to pay claims lower than the $500K self-insured retention.
The City's claims history has been excellent, and only a handful of claims have payments greater
than $500K. Five workers' compensation claims have surpassed that amount to date. All five
claims are still open and continuing to incur costs. An additional four claims are expected to
exceed $500,000 during the course of the claim. Police and Fire presumption claims are the
types of claims that can very easily exceed the City's self-insured retention.
Therefore, the vast majority of our claims are paid out at amounts much lower than $500,000.
The City has had less than 200 workers' compensation claims for four of the last five years. It
has paid $13M to date (912712010) for workers' compensation claims. Risk has reserved an
additional $7.8M for the 454 open workers' compensation claims (912712010). Additionally,
Item # 37
Attachment number 1
Page 2 of 3
Risk Management estimates that no more than $400,000 shall be set aside for claims paid each
year by our former third party administrator for a handful of run-off claims. It is doubtful that
the $400,000 would be paid in a given year, but this amount provides for potential settlements of
the 20 or so claims still handled by the third party administrator.
Actuarial reports are prepared based, in part, on these individual reserves prepared by Risk
Management.
Specialty Coverage. The City procures crime, storage tank liability, specific flood, EMS,
Marina Operators Liability, and fire boat policies, all have varying deductibles, renewal periods
and limits.
Property Insurance. The City has $580M in assets, including approximately $48M in Fleet
Assets. Until 2006, the City insured for its Total Insured Value which, at that time, was $409M.
Since 2006, coverage has been less than its Total Insured Value. Currently, the City has $35M
of property limits.
As actuaries predict future losses based on prior losses, they cannot put a number of the amount
needed to reserve in the event of catastrophic events. They determine loss patterns based on
exposures (# of automobiles, worker payroll, etc.) and "assume historical loss development
patterns and insurance industry loss development patterns are predictive of future patterns. [We]
have not anticipated any extraordinary changes in the legal, social or economic environment that
might affect the ultimate cost of claims." (AMI Risk Consultants 9/30/09 Self-Insurance
Program Actuarial Review).
Modeling agencies also have difficulty incoming up with adequate numbers. For "100 year
storms" the City's most recent modeling showed costs of $16M with one company and $37M
with another company, both using the same detailed Statement of Property values. A "250 year
storm" showed costs of $42M and $67M respectively.
It is staff's opinion that property loss is the biggest threat to our insurance reserves.
In recent years, our SIR has improved, from a $500K SIR for all but Named Storms, to $300K
SIR for all but Named Storms, and $100K SIR for all but Named Storms effective April 1, 2010.
There is still a 5% or $500K SIR (whichever is greater) for Named Storms. In the event of a
Named Storm, the $35M Limit of Coverage will most likely be insufficient to pay the cost of all
damage.
Limitations to Property Insurance
• There is no property coverage for most City-owned storage tanks (contents and clean-up
coverage available on some tanks, but not for cost of tanks),
• Most of our vehicles are covered at actual cash value, not replacement value.
• The majority of our vehicles are lease purchased and the City is responsible for repaying
the bank the outstanding balance of the amount owed on the vehicle.
• Underground property, including all piping, is not covered.
Item # 37
Attachment number 1
Page 3 of 3
• Mold/Fungus is excluded.
• There is no coverage for damages caused by computer data issues, software and,
programming losses
• There is no coverage for street signs or damage to infrastructure. (However, this year
coverage for the `aboveground' portions of many of our lift stations was added to the
program.)
• The program has limited coverage for `extra expense'. Overtime costs and equipment
costs would be a large expense if we had a large weather event or other disaster.
• There is no terrorism coverage
• There is no coverage for land values, soil, plants, trees; shrubs and cost of excavations,
filling, backfilling and grading.
Item # 37
Meeting Date: 10/21/20 10
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Approve a one-time grant to the Clearwater Marine Aquarium in the amount of $750,000 to be applied to the purchase of property
adjacent to the aquarium and authorize modification of the restrictive covenant governing a portion of the property located at 249
Windward Passage to allow CMA to mortgage the portion of property subject to the City reverter, in an amount not to exceed
$1,500,000.
SUMMARY:
The City has received a request from the Clearwater Marine Aquarium (CMA) for a one-time grant in the amount of $750,000 to
be applied to the purchase of certain real property located adjacent to the CMA properties at 249 Windward Passage. The
requested grant will be applied as a match to a $750,000 grant from the Jacobson Foundation towards the property purchase. The
initial use of the property proposed for purchase is for surface parking.
In addition to the requested cash grant, the CMA is requesting the City modify the restrictive covenant governing the property
originally deeded by the City to increase the mortgage lien amount from the existing $600,000 limit to $1.5 million. In addition to
the requested modification, staff recommends modifying the language of the covenant to clarify its application.
If Council is supportive of the subject requests, staff recommends the cash grant be funded from General Fund Reserves with the
appropriate budget amendment to follow at 1st Quarter.
Type:
Operating Expenditure
Current Year Budget?: No
Budget Adjustment Comments:
Budget Adjustment: Yes
Cash grant would be funded from General Fund Reserves with the appropriate budget amendment to follow at 1st quarter.
Current Year Cost:
Not to Exceed:
For Fiscal Year:
Appropriation Code
010-07000
Review Approval: 1) Legal 2) Clerk
$750,000 Annual Operating Cost:
Total Cost:
to
$750,000
Amount Appropriation Comment
$750,000
Cover Memo
Item # 38
Attachment number 1
Page 1 of 2
A .
Clearwater Tdarine n 249 Aklin wa C aterg 1 E 7
727.4411790 - F '5.1139
Florida non-profit 50a(c)(3) organizatio__ E
,lee,
,..
October 12, 2010
Mr. William Horne
City Manager
City of Clearwater
112 S. Osceola Ave
Clearwater, FL 33767
Dear Mr. Horne:
As you are aware, the Clearwater Marine Aquarium has made significant progress in
many areas since 2006. We have strengthened our financial position from near
insolvency to achieving revenues estimated in 2010 to be over $4.7 million and a net
surplus of $507 thousand. Our Charity Navigator rating is a four star, higher than
Florida Aquarium, Lowry Park Zoo and the Dali Museum and reflects our strengthened
financial position compared to our peers. Our attendance has increased over the past 4
years an average rate of 30% per year. And, in the past several years, we have
invested over $3 million in capital improvements to our facility.
Last year, we were awarded a $1 million dollar matching grant from the Jacobson
Foundation, $250 thousand for capital projects to improve animal care and $750
thousand to purchase the adjacent property next door to expand our mission.
With the filming of the movie, "Dolphin Tale", we are anticipating upon its release an
impact that will exceed the current capacity of our facility to provide an appropriate and
pleasant guest experience. Additionally, as the crowds come, we will have an
inadequate parking situation if we do not make plans accordingly.
It is with this successful record of performance that we are making a request to the City
of Clearwater to provide CMA with a one-time grant of $750,000 in cash that we will use
to match the Jacobson Foundation's challenge. Upon receipt of this grant, CMA will
employ these funds to purchase the adjacent property directly to the East for use as an
additional surface parking lot.
Additionally, when the City deeded CMA the existing facility, there was a restriction in
the document limiting the amount of debt that could be secured by the property to $600
thousand. Considering the document was written 14 years ago, we would request that
this restriction be modified to increase that limit to $1.5 million, to approximate today's
www.SeeWinter.com Item # 38
Attachment number 1
Page 2 of 2
dollars. By allowing this modification, CMA will be able to obtain a loan partially
secured by the property to make further improvements to expand the capacity of our
existing facility.
The City of Clearwater has been a good partner of CMA in the past and we hope City
officials will see the benefit of investing in CMA's future. This investment should provide
the City with a significant return in the form of increased bed taxes and the flow of
tourism dollars within our community for years to come.
We thank you for your consideration and look forward to your continued support.
Respectfully,
Frank L. Dame
Executive Vice President
Copy: Mayor Frank V. Hibbard
Item # 38
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
City Manager Evaluation
SUMMARY:
Meeting Date: 10/21/20 10
Review Approval: 1) Clerk
Cover Memo
Item # 39
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
City Attorney Evaluation
SUMMARY:
Meeting Date: 10/21/20 10
Review Approval: 1) Clerk
Cover Memo
Item # 40