11/28/2011WORK SESSION AGENDA Council Chambers -City Hall 11/28/2011 -9:00 AM 1. Presentations 1.1 Service Awards Attachments 2. Economic Development and Housing 2.1 Approve a commitment of grant
funds to Vestcor Fund XL, Ltd. (Vestcor) in the amount of $100,000 in HOME Investment Partnership Program (with non-federal funds as a match) to build up to 120 affordable rental housing
units for the elderly to be used as the local contribution that is required for applicants to participate in the State of Florida’s Low Income Housing Tax Credit Program (LIHTC); authorize
$100,000 from General Fund Reserves to be set aside as a commitment to allow the second ranked developer, SP Chestnut Trail LP, to apply to the LIHTC program to build 50 units of affordable
rental housing units for the elderly; and authorize the appropriate officials to execute same. (consent) Attachments 2.2 Approve a loan modification to Homeless Emergency Project, Inc.
to change the existing terms and increase the loan amount by $725,000 to a total loan amount of $1,097,340 to build 32 affordable rental housing units for veterans at 1250 Palmetto Street,
Clearwater, and authorize the appropriate officials to execute same. (consent) Attachments 3. Financial Services 3.1 Approve legal services agreements between Banker, Lopez, Gassler,
P.A. and the City of Clearwater, and Pallo, Marks, Hernandez, Gechijian and DeMay, P.A. and the City of Clearwater for legal services relating to Workers’ Compensation claims; authorize
payments to said firms in the amount not to exceed $285,000 for the period of January 1, 2012 through December 21, 2015; and authorize the appropriate officials to execute same. (consent)
Attachments 4. Human Resources 4.1 Authorize a three-year contract between the City and Montgomery Retirement Plan Advisors for the provision of advisor/consultant services to the City
457 Deferred Compensation Plans and the City 401a Money Purchase Pension plan at a cost of $32,000 per year and authorize the appropriate officials to execute same. (consent) Attachments
5. Parks and Recreation 5.1 Approve the Fourth Amendment to Sports Facility Use Agreement between the City of Clearwater (City) and Phillies Florida LLC (Phillies); a Project Agreement
between the City and Phillies to make certain improvements at Carpenter Complex and Bright House Field (Project) in accordance to the Carpenter Complex Use Agreement and the Bright House
Field Use Agreement; approve funding the project for $2,900,000 from un-appropriated retained earnings; and authorize the appropriate officials to execute same. (consent) Attachments
6. Solid Waste/General Support Services
6.1 Award a Contract (Purchase Order) for $162,000.00 to Tampa Truck Center of Tampa, FL for one Freightliner CNG Chassis; remove, install and refurbish the existing Propane Tank in
accordance with Sec. 2.564(1)(d), Code of Ordinances -Other governmental bid; authorize lease purchase of $128,090.00 under the City's Master Lease Purchase Agreement and authorize the
appropriate officials to execute same. (consent) Attachments 6.2 Award a Contract (Purchase Order) for $369,154.00 to Kenworth of Central Florida of Orlando, FL for two Kenworth T800/T440
CNG Trucks with Palfinger M100L72 Grapple Loader and 28 yd. Trash Body 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 6.3 Award a contract (Purchase Order) for $507,342.00 to Container
Systems and Equipment Co. Inc. of Daytona Beach, FL for two Crane Carrier CNG Low Entry Cab Chassis with 25 Cubic Yard Loadmaster Excel Rear Loader Body, 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 7. Public Utilities 7.1 Award a contract renewal (blanket purchase order) to Pinellas County Solid Waste in the amount of $180,000 for the disposal of solid waste at the
Pinellas County waste to energy plant/landfill for the period January 1, 2012 through December 31, 2012, 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 8. Engineering 8.1 Award a Contract (purchase order) to R.E.
Purcell Construction of Largo, Florida for the 2011 Street Resurfacing Project (11-0024-EN) in the amount of $1,386,029.62, which is the lowest responsible bid received in accordance
with the plans and specification and authorize the appropriate officials to execute same. (consent) Attachments 8.2 Ratify and confirm emergency repair in the amount of $206,551.50,
completed by Keystone Excavators, for the concrete stormwater conveyance channel just south of Sharkey Road. (consent) Attachments 9. Planning 9.1 Provide direction on amendments to
the Community Development Code regarding artificial turf (TA2011-09001). (WSO) Attachments 10. Official Records and Legislative Services 10.1 Appoint one member to the Library Board
with term to expire February 28, 2015. Attachments 10.2 Reappoint Linda S. Damsky to the Sister Cities Advisory Board with term to expire December 31, 2015. (consent) Attachments 10.3
Appoint a councilmember to fill the remainder of John Doran's term on the Pinellas Planning Council expiring December 31, 2012 and to a new two-year term on the Pinellas Planning Council
with term to expire December 31, 2014.
Attachments 11. Legal 11.1 Adopt Ordinance 8283-11 on second reading, amending the Zoning Atlas of the city by rezoning certain real property whose post office address is 1911 North
Old Coachman Road from Low Medium Density Residential (LMDR) to Commercial (C). Attachments 11.2 Adopt Ordinance 8296-11 on second reading, submitting to the city electors proposed amendments
to the City Charter amending Section 7.02, General Provisions, to require the Council to appoint a Charter Review Advisory Committee every six years. Attachments 11.3 Ordinance 8297-11
on second reading, extending the number of consecutive terms the Mayor and Councilmembers can serve from two to three. Attachments 11.4 Adopt Ordinance 8298-11 on second reading, amending
Section 2.01(c)3. of the City Charter to require publication of a notice of the availability of the annual city audit. Attachments 11.5 Adopt Ordinance 8300-11 on second reading, vacating
that certain dedicated 15-foot wide alley in Block 1 of the Wallace Addition to Clearwater, Florida, as shown on the map or plat thereof, as recorded in Plat Book 3, Page 6, of the public
records of Hillsborough County, Florida, of which Pinellas County was formerly a part, less the North 30 feet thereof for street purposes. (VAC2011-03) Attachments 11.6 Adopt Ordinance
8301-11 on second reading, vacating all of the Right-of-Way abutting the South lot line of Lot 12, Block 1,and the North lot line of Lot 12, Block 2, both properties described in the
plat “Moase and Harrison” located in Hillsborough Plat Book 2, Page 85, of the public records of Pinellas County, Florida. (VAC2011-04) Attachments 12. City Manager Verbal Reports 12.1
City Manager Verbal Reports Attachments 13. Council Discussion Items 13.1 Request to move January 9, 2012 Work Session to 9am -Councilmember Jonson Attachments 13.2 Reschedule June 4,
2012 Work Session Meeting -Councilmember Jonson Attachments 13.3 Traffic timing on Gulf-to-Bay Blvd. -Councilmember Gibson Attachments 14. Closing Comments by Mayor 15. Adjourn 16. Presentation(s)
for Council Meeting 16.1 Annual Utilities We Care Fund Appeal -Jim Geary, Customer Svc. (verbal) Attachments
Work Session Council Chambers -City Hall Meeting Date:11/28/2011 SUBJECT /RECOMMENDATION: Service Awards SUMMARY: 5 Years of Service Lloyd Simmons Parks & Recreation 10 Years of Service
Jarred Stiff Police Joel Morley Police John Bennett Police Timothy Downes Police Steve Salagaras Fire Kris Familiari Fire Mark Viola Fire Corey Lenczden Police Lisa Brown Gas Billie
Kirkpatrick Parks & Recreation James Phelps Police 15 Years of Service Brian Sweeney Library 20 Years of Service Chrisann Gerakios Police Juan Torres Police Richard Crean Police William
Connell Police George Koder Police 25 Years of Service Kathleen LaTerza Parks & Recreaton Terrance LaBelle Public Utilities 30 Years of Service Antonio Tambone Public Utilities 35 Years
of Service Georgette Summarell Police Review Approval: 1) Human Resources Cover Memo Item # 1
Work Session Council Chambers -City Hall Meeting Date:11/28/2011 SUBJECT /RECOMMENDATION: Approve a commitment of grant funds to Vestcor Fund XL, Ltd. (Vestcor) in the amount of $100,000
in HOME Investment Partnership Program (with non-federal funds as a match) to build up to 120 affordable rental housing units for the elderly to be used as the local contribution that
is required for applicants to participate in the State of Florida’s Low Income Housing Tax Credit Program (LIHTC); authorize $100,000 from General Fund Reserves to be set aside as a
commitment to allow the second ranked developer, SP Chestnut Trail LP, to apply to the LIHTC program to build 50 units of affordable rental housing units for the elderly; and authorize
the appropriate officials to execute same. (consent) SUMMARY: On October 27, 2011, the City’s Economic Development and Housing Department released a Request for Proposals (RFP) for projects
needing a local contribution of funds in order to apply for the Fiscal Year 2011 State of Florida Low Income Housing Tax Credit Program (LIHTC). The City received four proposals on November
16, 2011: Vestcor Fund XL, Ltd., SP Chestnut Trail LP, Carlisle Group II, Ltd. and Clearwater Prospect Lake Reserve, LLC. The selection committee, made up of Economic Development and
Housing and Planning and Development staff, met and ranked the applications through its stated ranking process. Applications can be reviewed at the Economic Development and Housing Department.
The committee ranked the Developers in the following order: 1) Vestcor Fund XL, Ltd., (up to 120 units-elderly; Woodlawn Ave. near MLK Ave.) 2) SP Chestnut Trail LP, (50 units-elderly;
Chestnut St. and East Ave.) 3) Carlisle Group II, Ltd., (97 units-elderly; Laura St. and MLK Ave.) 4) Clearwater Prospect Lake Reserve, LLC (69 units-family; MLK Ave. and Pierce St.)
The top recommended project (Vestcor) is called Vista Grand at Woodlawn and consists of up to 120 one and two-bedroom units located in one building, targeted for elderly residents. Some
of the amenities include a library, computer lab, crafts and community rooms, fitness center, movie theater, swimming pool, hair salon and laundry facility. The estimated total development
cost is $16,727,181. The subject site is located on Woodlawn Avenue just south of Ross Norton Park, west of Martin Luther King Jr. Avenue and east of Ft. Harrison Avenue in the Lake
Belleview neighborhood. The site consists of approximately 8 acres. The second-ranked project (SP Chestnut Trail) is called Chestnut Trail Apartments and consists of 50 units of one
and two-bedroom apartments targeted to the elderly. The proposed site is located on 0.72 acres at the southwest corner of Chestnut Street and East Street in the Downtown Core. Some of
the amenities include covered parking, community room, computer work stations, and shuffle board court. The estimated total development cost is $12,334,500. Staff is recommending a commitment
to Vestcor as the top-ranked project using $100,000 grant from HOME/matching funds. However, given that the LIHTC program has limits on how many units of housing can be funded per County
through each tax credit cycle, it is highly unlikely that more than one project will receive an allocation of tax credits. For this reason, staff is recommending that the City support
two projects to increase the likelihood that a project in Clearwater would be funded. If Council chooses to support the two-project rationale, staff recommends a commitment of General
Fund Reserves to support the SP Chestnut Trail application. In this scenario, if Vestcor (the top ranked project) does not receive an allocation of tax credits and SP Chestnut Trail
does, the HOME funding that was committed to Vestcor would be transferred to the Chestnut Trail project and the commitment for General Fund reserves would be released. Staff does not
recommend commitments to the third and fourth-ranked projects. Both of these projects scored lower in comparison to the top two ranked projects on the advertised ranking criteria. In
addition, from a policy perspective, given the proximity of the two proposed projects to the Cleveland Street District, a mixed-income project (both market rate and affordable units)
is preferred in both locations to provide a market and support the retail/restaurant recruitment efforts in the downtown core (see Function of Town Lake Residential District from the
Clearwater Downtown Redevelopment Plan). Staff would not recommend any incentives to build LIHTCtype projects at these locations. As background, the Housing Credit Program is governed
by the U.S. Department of Treasury under Section 252 of the Tax Reform Act of 1986 and Section 42 of the Internal Revenue Code, as amended. The program was established to provide for-profit
and non-profit Cover Memo Item # 2
organizations with a dollar-for-dollar reduction in federal tax liability in exchange for the acquisition and substantial rehabilitation, substantial rehabilitation, or new construction
of low and very low-income rental housing units (60% of the Area Median Income and below). In this application cycle, the minimum value of contributions required from a government agency
for a Housing Credit Program application to receive the maximum points is $100,000. It is the city’s understanding that in order to meet this requirement, the local government needs
to make a commitment to each project they are supporting. The application period for the LIHTC Program opened on October 26, 2011 and closes on December 6, 2011. The scores will be issued
on March 28, 2011 with the final board approval set for June 8, 2012. Any project funded by the City of Clearwater will need to sign a Declaration of Restrictive Covenants that ensures
affordability of the units for a 30-year period. Appropriation Code Amount Appropriation Comment 683-00000-128165-000-000 75,000 Commitment 684-00000-128165-000-000 25,000 Review Approval:
1) Assistant City Manager 2) Clerk Cover Memo Item # 2
Item # 2
Item # 2
Item # 2
Item # 2
Work Session Council Chambers -City Hall Meeting Date:11/28/2011 SUBJECT /RECOMMENDATION: Approve a loan modification to Homeless Emergency Project, Inc. to change the existing terms
and increase the loan amount by $725,000 to a total loan amount of $1,097,340 to build 32 affordable rental housing units for veterans at 1250 Palmetto Street, Clearwater, and authorize
the appropriate officials to execute same. (consent) SUMMARY: Homeless Emergency Project, Inc. (HEP) has been planning apartment units and a clubhouse to provide permanent supportive
housing to homeless veterans with special needs. An application was submitted to the City of Clearwater to acquire vacant real property located at 1250 Palmetto Street, Clearwater, Florida
(owned by the Pinellas County Board of Public Instruction). The City gave HEP a loan in the amount of $372,340 to acquire the property (agreed sales price of the land from the School
Board--a February 10, 2010 appraisal list the value of the land at $558,000.) The subject property is near rectangular in shape with approximately 109 feet of Palmetto Street frontage,
120 feet of Engman Street frontage and 1,095 feet of Holt Avenue frontage. The surveyed dimensions calculate to a total size of 2.9 acres. Phase one will include the construction of
a two-story 16,248 square foot residential building containing thirty two (32) one-bedroom apartments. It will also include the construction of a 2,336 square foot Clubhouse/Community
Center, and all required parking spaces. Funds from the City will only be used for the construction of the housing units. The new apartment units and the Clubhouse/Community Center will
be used to provide permanent supportive housing to homeless veterans with special needs. It will house both male and female veterans including the sub-populations of disabled veterans,
veterans with mental illness, chronically mentally ill veterans, veterans with PTSD (Post Traumatic Stress Disorder) diagnosis, veterans with substance abuse problems and veterans with
dual diagnosis. These housing units will serve an identified need in the community (Veteran's Administration Bay Pines in a 2008 study indicated a need for over 500 permanent housing
units). The residents of this facility will be provided with comprehensive case management and counseling services, needed health, mental health and dental services, as well as job training
and job placement assistance and a full array of services needed to move residents into a condition of selfsufficiency. It is estimated that the project will begin construction in January
2012 and be completed by January 2013. The total budgeted project cost is $3,497,144 with Pinellas County contributing $1,800,000, the City of Clearwater at $1,097,340 (including the
prior loan of $372,340) and HEP contributing $599,804. To ensure the project cash flows, it is recommended that both Pinellas County and the City forgive an equal share of the loan ($299,250)
at the end of the 30-year affordability period. The original loan in the amount of $372,340 included a two-year deferment with no payment due and no interest. It also included a three-year
interest only payment and a balloon for full payment due at the end of the fifth year with the city’s option of forgiveness. The proposed loan modification by the City to HEP will place
all loans under a single mortgage and restructure the terms of the loan to become a $1,097,340 total loan with a $299,250 loan forgiveness at the end of the 30-year affordability period.
The balance of the loan will be a three-year deferred payment loan with a three percent (3%) per annum interest rate amortized over 30 years. Cover Memo Item # 3
Appropriation Code Amount Appropriation Comment 683-00000-128165-000-000 $543,750 193-00000-128165-000-000 $181,250 Review Approval: 1) City Manager 2) Clerk Cover Memo Item # 3
Page 1 of 5 This Instrument prepared by and returned to: Terry Malcolm-Smith, Housing Coordinator CITY OF CLEARWATER Economic Development & Housing Post Office Box 4748 Clearwater, Florida
33758 MORTGAGE MODIFICATION AGREEMENT WHEREAS, The CITY OF CLEARWATER, Florida, a municipal corporation, is the holder and owner of a certain mortgage(s) given by, HOMELESS EMERGENCY
PROJECT, INC., a not-for-profit Florida Corporation, referred to hereinafter as MORTGAGOR, in O. R. Book 17034, Pages 2326 through 2337 dated 31st of August 2010 and recorded 20th of
September, 2010; of the Public Records of Pinellas County, Florida, other-wise referred to as Loan No. CFI-336 encumbering the following described property situated, lying and being
in Pinellas County, Florida, to wit: Exhibit “A” attached Parcel ID#: 19-29-15-00000-130-0500 19-29-15-00000-130-0400 Commonly known as: 1250 Palmetto Street, Clearwater, Florida 33755
WHEREAS, said mortgage in the original principal balance amount of THREE HUNDRED SEVENTYTWO THOUSAND THREE HUNDRED & FORTY and no/100 Dollars ($372,340.00) and; WHEREAS, said loan now
has an existing balance of THREE HUNDRED SEVENTY-TWO THOUSAND THREE HUNDRED & FORTY and no/100 Dollars ($372,340.00) and; WHEREAS, it has been agreed by and between the parties hereto,
to modify said mortgage and it is intended hereby to evidence in writing said modification, NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein and
in consideration of the sum of $1.00 and other valuable consideration accruing to each of the parties hereto, the parties hereby agree as follows: Said loan shall be hereby be modified
to the principal amount of ONE MILLION NINTY-SEVEN THOUSAND THREE HUNDRED FORTY and no/100 Dollars ($1,097,340.00). 1. Recitals. The foregoing recitals are true and correct and are incorporated
in and form a part of this Agreement. 2. The above-referenced mortgage in the original principal amount of THREE HUNDRED & SEVENTYTWO THOUSAND THREE HUNDRED & FORTY and no/100 Dollars
($372,340.00), which said mortgage and note securing mortgage is hereby being increased by SEVEN HUNDRED TWENTY-FIVE THOUSAND and no/100 Dollars ($725,000.00) (“Increased Loan Amount”),
thereby leaving a principal outstanding balance of ONE MILLION NINETY-SEVEN THOUSAND THREE HUNDRED FORTY and no/100 Dollars ($1,097,340.00), which shall become payable in accordance
with a certain promissory note, bond or other obligation hereinafter called “Note”, bearing even date herewith, and all other indebtedness which the Mortgagor is obligated to pay to
the Mortgagee pursuant to the provisions of the Note and this Mortgage, the Mortgagor hereby grants conveys and mortgages to the Mortgagee the above referenced property. Attachment number
1 Page 1 of 5 Item # 3
Page2 of 5 3. The above-referenced mortgage in the original principal amount of THREE HUNDRED & SEVENTYTWO THOUSAND THREE HUNDRED & FORTY and no/100 Dollars ($372,340.00), which shall
become payable in accordance with a certain note bond or other obligation is hereinafter called “Note”, bearing even date herewith, and all other indebtedness which the Mortgagor is
obligated to pay to the Mortgagee pursuant to the provisions of the Note and this Mortgage shall be revised or amended to reference a TWO HUNDRED NINETY-NINE THOUSAND TWO HUNDRED FIFTY
and no/100 Dollars ($299,250.00) loan forgiveness of the principal balance (“Forgiven Principal Balance”) THIRTY (30) years from the date this note is repaid in full, provided the Mortgagee
has utilized the Property of provide affordable rental housing in compliance with that certain Declaration of Restrictive Covenants on the property, previously recorded in O. R. Book
________, Pages ______ through _______ dated _______________ and recorded _________________ of the Public Records of Pinellas County, Florida and Lender’s conditions. Interest will neither
be paid nor accrued on the Forgiven Principal balance. The remaining balance of the original loan amount, SEVENTY-THREE THOUSAND NINETY and no/100 Dollars ($73,090.00), plus the increase
loan amount of SEVEN HUNDRED TWENTY FIVE THOUSAND and no/100 Dollars ($725,000.00) combined to a total an amount of SEVEN HUNDRED NINETY-EIGHT THOUSAND NINETY and no/100 Dollars ($798,090.00)
will bear a three-year deferment from the date of this modification (“Deferment Period”). Following the Deferment Period, payments on the modified loan amount of SEVEN HUNDRED NINETY-EIGHT
THOUSAND NINETY and no/100 Dollars ($798,090.00) will incur interest thereon at Three Percent (3.00%) per annum for the remaining period of the Thirty Year (30) term. Payments on this
Note are due and payable on the First (1st) day of each Month in 324 consecutive monthly installments, principal and interest, commencing with a payment of __$3,382.24__ on _January
1, 2015___, in lawful money of the United States, at the Principal office of the City of Clearwater, 112 South Oceola Avenue, Clearwater, Florida 33756 and continuing until December
1, 2042 (“Due Date”), when all sums due in accordance with the Note and Mortgage shall be due and payable in full. 4. Lender hereby acknowledges that certain mortgage between Pinellas
County, by and through the Pinellas County Board of Commissioners, in care of the Community Development Department, and Mortgagor, recorded at O.R. Book ___________, Page _________ of
the public records of Pinellas County as having priority to the Increased Loan Amount. THE TERMS, conditions, and provisions of the said mortgage, except as expressly altered hereby,
shall remain in full force and effect. AGREED to and accepted this day of , A.D., 2011 Witnesses: ______________________________________ _____________________________________ Print name
Mortgagor: Homeless Emergency Project, Inc. ______________________________________ ______________________________________ Print name Mortgagor: STATE OF FLORIDA ] COUNTY OF PINELLAS
] The foregoing instrument was acknowledged before me this day of , 2011 by Barbara Green, President/CEO Homeless Emergency Project, Inc., who is personally known to me or who has produced
a driver’s license as identification. Attachment number 1 Page 2 of 5 Item # 3
Page3 of 5 Notary Public Print/type Name: MORTGAGE MODIFICATION AGREEMENT between HOMELESS EMERGENCY PROJECT,INC. and the CITY OF CLEARWATER IN WITNESS WHEREOF, the City of Clearwater,
in its corporate capacity, has caused this MORTGAGE MODIFICATION AGREEMENT to be executed on this day of , 2011 by WILLIAM B. HORNE II, as City Manager of the City of Clearwater and
the seal of the City to be here affixed. Approved as to form: CITY OF CLEARWATER, FLORIDA By: Laura Mahony WILLIAM B. HORNE II Assistant City Attorney City Manager Attest: Rosemarie
Call City Clerk STATE OF FLORIDA ] COUNTY OF PINELLAS ] BEFORE ME, the undersigned, personally appeared WILLIAM B. HORNE II, City Manager, City of Clearwater, Florida, who executed the
foregoing instrument and acknowledged the execution thereof to be his free act and deed for the use and purposes herein set forth, and who is personally known me. WITNESS my hand and
official seal this day of , 2011 Notary Public Print/type name: Attachment number 1 Page 3 of 5 Item # 3
Page4 of 5 MORTGAGE MODIFICATION AGREEMENT between HOMELESS EMERGENCY PROJECT, INC. and the CITY OF CLEARWATER EXHIBIT “A” Parcel I: That part of the SW 1/4 of the NE 1/4 of Section
10, Township 29 south, range 15 East, Pinellas County, Florida, described as follows: Beginning at the SW corner of Lot 6, Block H, Fair Burn Addition, as recorded in Plat Book 9, Page
97, Public Records of Pinellas County, Florida, as a Point of Beginning; run North 150 feet along the West boundary of said Block H; thence West to intersection with East boundary of
Holt Street; thence South 150 feet along said East boundary of Holt Street to North boundary of Palmetto Street; thence East along North boundary of Palmetto Street to the Point of Beginning.
Parcel II: That part of the Southwest Quarter (SW 1/4) of the Northeast Quarter (NE 1/4) of Section 10, Township 29 South, Range 15 East, lying East of the East right of way line of
Holt Avenue, and South of the South right of way line of Engman Street, LESS AND EXCEPT the two parcels described as follows: (a) The East Four Hundred and Ninety-five (495) feet of
said tract. (b) That part beginning at a point in the West boundary of said East Four hundred Ninety-five (495) feet, which is Nine Hundred and Thirty-one and Eighty-nine hundredths
(931.89) feet North, along said West boundary, from the South boundary of said Northeast Quarter (NE 1/4); and from this Point of Beginning, run thence North along said West boundary
Two Hundred Eight (208) feet; thence North Eighty-nine degrees Twenty-five minutes and Thirty-five seconds West (N 89° 25'35" W), Three Hundred and Eighty and Ninety-two hundredths (380.92)
feet; thence South Zero degrees, Thirty-four minutes and Twenty-five seconds West (S 01° 34' 25" W) Two Hundred and Eight (208) feet; thence South Eighty-nine degrees, Twenty-five minutes
and Thirty-five seconds East (S 89°25'35" E), Three Hundred and Eighty-two and Thirty-nine Hundredths (382.39) feet, to the Point of Beginning. Parcel III: Beginning at the Southwest
corner of the Northeast Quarter (NE 1/4) of Section 10, Township 29 South, Range 15 East and proceed thence Easterly along the Quarter Section Line whose bearing is North 89 deg. 23'
59" West a distance of approximately 834.36 feet to a point; proceed thence Northerly along a line North 0 deg. 10' 05" East a distance of approximately 931.89 feet to a point, said
point being the Point of Beginning; proceed thence Northerly along a line North 0 deg. 10' 05" East a distance of approximately 208 feet to a point; proceed thence Westerly along a line
North 89 deg. 25' 35" West a distance of approximately 380.92 feet; proceed thence Southerly along a line South 0 deg. 34' 25" West a distance of approximately 208 feet to a point; proceed
thence easterly along a line South 89 deg. 23' 35" East,. a distance of approximately 382.39 feet to Point of Beginning, excluding Holt Avenue right-of-way, and LESS AND EXCEPT that
part thereof lying West of the West right of way line of Holt Avenue. LESS AND EXCEPT FROM SAID Parcels II and III that part, if any, of the land as conveyed to the City of Clearwater
for right of way by Warranty Deed recorded in Official Records Book 2410, Page 349, Public Records of Pinellas County, Florida. Attachment number 1 Page 4 of 5 Item # 3
Page5 of 5 MORTGAGE MODIFICATION AGREEMENT between HOMELESS EMERGENCY PROJECT, INC. and the CITY OF CLEARWATER Attachment number 1 Page 5 of 5 Item # 3
1 CITY OF CLEARWATER PROMISSORY NOTE $1,097,340.00 Clearwater, Florida December 8, 2011 Property Address: 1250 Palmetto Street Clearwater, FL 33755 (the "Property”) Parcel I. D. 10/29/15/00000/130/04
00 and 10/29/15/00000/130/0500 1. BORROWER'S PROMISE TO PAY For value received, Homeless Emergency Project Inc., a not-for-profit, Florida corporation (the “Borrower”) promises to pay
the sum of One Million Ninety-Seven Thousand Three Hundred Forty Dollars ($1,097,340.00) in U.S. dollars (this amount is called "Principal") to the order of the Lender. The Lender is
the City of Clearwater, a municipal corporation organized and existing under the laws of the State of Florida and located at 112 S. Osceola Avenue, Clearwater, Florida 33756. The Lender
or anyone who takes this Note by transfer and who is entitled to receive the value as evidenced by this Note (“Security Instrument”) is called the "Note Holder". 2. INTEREST The interest
rate on this Security Instrument will be 3.00% per annum. Should the Homeless Emergency Project, Inc., a not-for-profit Florida corporation transfer, assign, sell, mortgage, refinance
or fail to meet the obligations established by the Note, Mortgage, Letter of Commitment, Declaration of Restrictive Covenants, or any applicable restrictions or laws, or in any manner
disposes of all or a portion of the property which is subject to this Note and the Mortgage, other than the direct sale units to qualified owner-occupants as contemplated for affordable
housing, then the principal and interest, if any, hereunder shall immediately become due and payable, and such outstanding principal shall begin to bear interest immediately at the rate
of seven percent (7%) per annum from the date of such sale, transfer, assignment, mortgage, refinance or other conveyance, until paid in full. 3. PAYMENTS (A) TIME AND PLACE OF PAYMENTS
The loan will bear a TWO HUNDRED NINETY-NINE THOUSAND TWO HUNDRED FIFTY and no/100 Dollars ($299,250.00) loan forgiveness of principal balance (“Forgiven Principal Balance”) THIRTY (30)
years from the date this note is repaid in full, provided the Mortgagee has utilized the Property to provide affordable rental housing in compliance with the Declaration of Restrictive
Covenants on the property, and Lender’s conditions. Interest will neither be paid nor accrued on the Forgiven Principal Balance. The remaining balance of the original loan amount, SEVENTY-THREE
THOUSAND NINETY and no/100 Dollars ($73,090.00) plus the Increased Loan Amount of SEVEN HUNDRED TWENTY FIVE THOUSAND and no/100 Dollars ($725,000.00) combined to a total amount of SEVEN
HUNDRED NINETY-EIGHT THOUSAND NINETY and no/100 Dollars ($798,090.00) will bear a three-year deferment from the date of this modification. Payments on the loan amount of SEVEN HUNDRED
NINETY-EIGHT THOUSAND & NINETY and no/100 Dollars ($798,090.00), after the deferment period will incur interest thereon at Three Percent (3.00%) per annum for a period of Twenty-Seven
(27) years. Payments on this Note are due and payable on the First (1st) day of every Month in 324 consecutive monthly installments, principal and interest, commencing on January 1,
2015 and ending on December 1, 2042 (“Due Date”) in lawful money of the United States. The Borrower will make monthly payments to the City of Clearwater at 112 S. Osceola Avenue, Clearwater,
Florida Attachment number 2 Page 1 of 4 Item # 3
2 33756, or at a different place if required by the Note Holder. The Note Holder shall have the optional right to declare the amount of the total balance hereof to be due and forthwith
payable in advance of the Due Date upon the occurrence of any Event of Default or failure to perform in accordance with any of the terms and conditions set forth in the Security Instrument.
Upon exercise of this option by the Note Holder, the entire unpaid principal shall bear interest at the rate of seven percent (7%) per annum. Forbearance to exercise this option with
respect to any failure or breach of the undersigned shall not constitute a waiver of the right as to any continuing failure or breach or any subsequent failure or breach. (B) AMOUNT
OF MONTHLY PAYMENTS Monthly payments will be in the amount of __$3.382.24___________________ in (U.S. Dollars). 4. BORROWER'S RIGHT TO PREPAY The undersigned has the right to prepay
the balance due on this Note according to the amount owed as listed below. A payment of principal only is known as a "prepayment". When a prepayment is made, the undersigned must notify
the Note Holder, in writing, that they are doing so. Full prepayment or partial prepayments may be made without paying any prepayment charge. The Note Holder will use all prepayments
to reduce the amount of principal that is owed under this Note. If a partial prepayment is made, there will be no change in the Due Date, unless the Note Holder agrees, in writing, to
this change. Should the borrower sell, refinance, or otherwise transfer title of the property or fail to meet the required obligations the full amount of the Note will be due to the
Note Holder. 5. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected in
connection with this loan exceed the permitted limit, then any sum already collected which exceeded permitted limits shall be credited as a payment of principal, unless the undersigned
shall notify the Note Holder, in writing, that the undersigned elects to have such excess sum returned to it forthwith. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) LATE CHARGE FOR OVERDUE
PAYMENTS If the Note Holder has not received the full amount of any monthly payments by the end of fifteen calendar days after the date it is due, the Undersigned will pay a late charge
to the Note Holder. The amount of the charge will be the lesser of $ 25.00 or five percent (5%) of my overdue payment of principal and interest. The Undersigned will pay this late charge
promptly but only once for each late payment. (B) DEFAULT Except as otherwise provided in Section 3 above or in the provisions set forth in mortgage, if the full amount is not paid by
the Due Date, the Borrower will be in default. (C) NOTICE OF DEFAULT If the Borrower is in default, the Note Holder may send a written notice which advises that the full principal amount,
including any interest that may accrue (as defined in Sections 2 and 3 above), is due and payable by a certain date. That date must be at least 30 days after the date on which the notice
is delivered or mailed. (D) NO WAIVER BY NOTE HOLDER The remedies of the Note Holder, as provided herein, or in the Security Instrument shall be cumulative and concurrent and may be
pursued regularly, successively or together, at the sole discretion of the Note Holder, and may be exercised as often as occasion therefore shall arise. No act of omission or commission
of the Note Holder, including specifically any failure to exercise any right, remedy or recourse, shall be deemed to be a waiver or release of the same, such waiver or release to be
effected only through a written document executed by the Note Holder, and then only to the extent Attachment number 2 Page 2 of 4 Item # 3
3 specifically recited therein. A waiver or release with reference to any one event shall not be construed as continuing as a waiver or release of any subsequent right, remedy or recourse
as to a subsequent event. Even if, at a time when the undersigned is in default, the Note Holder does not require immediate payment in full, as described above, the Note Holder will
still have the right to do so if a default occurs at a later time. (E) PAYMENT OF NOTE HOLDER'S COSTS AND EXPENSES In the event the Note is collected by law or through an attorney at
law, or under advice there from, the Note Holder will have the right to be paid back for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable
law. Those expenses include, for example, reasonable attorney's fees, which are defined to include, without limitation, all fees incurred in all matters of collection and enforcement,
construction and interpretations, before, during and after trial, proceedings and appeals, as well as appearances in reorganization or similar proceedings, and the cost of paraprofessional
personnel working under supervision of an attorney. 7. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given under this Note will be given
by delivering it or by mailing it by first class mail to the Borrower at the Property address Noted above. Any notice that must be given to the Note Holder under this Note will be given
by delivering it or by mailing it by first class mail to the Note Holder, at the address stated in Section 1 or at a different address if you are given a notice of that different address.
8. WAIVERS All persons now or at any time liable, whether primarily or secondarily, for the payment of the indebtedness hereby evidenced, for themselves, their heirs, legal representatives,
successors and assigns respectively, hereby (a) expressly waive the rights of presentment, demand for payment, notice of dishonor, protest, notice of nonpayment or protest, and diligence
in collection. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor" means the right to require the Note Holder to give Notice
to other persons that amounts due have not been paid. (b) consent that the time of all payments or any part thereof may be extended, rearranged, renewed or postponed by the Note Holder
hereof and further consent that the collateral security or any part thereof may be released, exchanged, added to or substituted for by the Holder hereof, without in anyway modifying,
altering, releasing, affecting or limiting their respective liability or the lien of any security instrument; (c) agreed that the Note Holder, in order to enforce payment of this Note,
shall not be required first to institute any suit or to exhaust any of its remedies against the undersigned or any other person or party to become liable hereunder. This Note and the
instruments securing it have been executed and delivered in, and their terms and provisions are to be governed and construed by the laws of the State of Florida. 9. UNIFORM SECURED NOTE
This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, ("Mortgage Instrument"), dated
the same date as this Note, protects the Note Holder from possible losses which might result if the undersigned does not keep the promises which are made in this Note. The Mortgage Instrument
described how and under what conditions the undersigned may be required to make immediate payment in full of all amounts owed under this Note. The Note Holder may, at its option, require
immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by the Note Holder if exercise is prohibited by federal law as
of the date of this Instrument. If the Note Holder exercises this option, the Note Holder shall give the Borrower written notice of acceleration. The notice shall provide a period of
not less than 30 days from the date the notice is delivered or mailed within which the Borrower must pay all sums secured by this Security Instrument. If the Borrower fails to pay these
sums prior to expiration of this period, the Note Holder may invoke any remedies permitted by this Security Instrument without further notice or demand on the Borrower. Attachment number
2 Page 3 of 4 Item # 3
4 10. COPY RECEIVED Borrower hereby acknowledges receipt of a copy of this instrument. Notice to Borrower Do not sign this Note if it contains blank spaces. All spaces should be completed
before you sign. The Borrower has executed this Note on the day and year first above mentioned. HOMELESS EMERGENCY PROJECT, INC. BY: _____________________________________________________
BARBARA GREEN, PRESIDENT/CEO Attachment number 2 Page 4 of 4 Item # 3
Work Session Council Chambers -City Hall Meeting Date:11/28/2011 SUBJECT /RECOMMENDATION: Approve legal services agreements between Banker, Lopez, Gassler, P.A. and the City of Clearwater,
and Pallo, Marks, Hernandez, Gechijian and DeMay, P.A. and the City of Clearwater for legal services relating to Workers’ Compensation claims; authorize payments to said firms in the
amount not to exceed $285,000 for the period of January 1, 2012 through December 21, 2015; and authorize the appropriate officials to execute same. (consent) SUMMARY: The City of Clearwater
self-insures its Workers’ Compensation exposures and Risk Management administers the claims. Only a small percentage of claims result in litigation. Risk Management uses two attorneys
in response to the City’s Workers’ Compensation claims. Type: Operating Expenditure Current Year Budget?: Yes Budget Adjustment: None Budget Adjustment Comments: Current Year Cost: Annual
Operating Cost: Not to Exceed: $285,000 Total Cost: $285,000 For Fiscal Year: 1/1/2012 to 12/31/2015 Appropriation Code Amount Appropriation Comment 590-07000-545800-519-000. $285,000
Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk Cover Memo Item # 4
Item # 4
Item # 4
Item # 4
Attachment number 2 Page 1 of 4 Item # 4
Attachment number 2 Page 2 of 4 Item # 4
Attachment number 2 Page 3 of 4 Item # 4
Attachment number 2 Page 4 of 4 Item # 4
Work Session Council Chambers -City Hall Meeting Date:11/28/2011 SUBJECT /RECOMMENDATION: Authorize a three-year contract between the City and Montgomery Retirement Plan Advisors for
the provision of advisor/consultant services to the City 457 Deferred Compensation Plans and the City 401a Money Purchase Pension plan at a cost of $32,000 per year and authorize the
appropriate officials to execute same. (consent) SUMMARY: In September 2011, Council authorized the City to enter into negotiations with Montgomery Retirement Plan Advisors to serve
as advisor/consultant to the City’s 457 and 401a defined contribution retirement plans. The City has reached an agreement in principal with Montgomery for a three-year agreement at a
cost of $32,000 per year, payable in quarterly installments. The agreement provides for Montgomery to assist the City in establishing a Plan Investment Committee and Charter and in drafting
an Investment Policy Statement, as well as providing fiduciary consulting services and resources including monitoring the performance of investment plan managers, benchmarking fees and
cost reduction initiatives, assisting with fund selection, preparing performance reports and investment recommendations, attending Plan Committee and annual comprehensive Fiduciary Plan
Review meetings, and offering participant education guidance. The cost of the agreement for the balance of Fiscal Year 2011-2012 would be funded from Central Insurance Fund reserves
and future year costs are to be budgeted in the Central Insurance Fund. Type: Other Current Year Budget?: None Budget Adjustment: No Budget Adjustment Comments: Current Year Cost: $32,000
Annual Operating Cost: $32,000 Not to Exceed: $32,000 Total Cost: For Fiscal Year: 2012 to 2013 Appropriation Code Amount Appropriation Comment 0-590-07000-530300-519-0000 $32,000 Review
Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk Cover Memo Item # 5
Financial Telesis Inc Investment Advisory Agreement -1 -Initials _______ INVESTMENT ADVISORY AGREEMENT THIS INVESTMENT ADVISORY AGREEMENT is made on the Effective Date identified below
by and between Financial Telesis Inc. (“Advisor”), represented by W. Michael Montgomery, AIF, CLU, CFS, TGPC, an investment advisor representative, and the entity shown on Appendix A
attached hereto (“Client”), with reference to the following: Client sponsors and maintains a Defined Contribution retirement plan (" 401(a) Plan"), pursuant to section 401(a) of the
Internal Revenue Code of 1986, as amended, and a Deferred Compensation Plan (“457(b) Plan”), pursuant to IRC Section 457(b), which are not subject to the Employee Retirement Income Security
Act of 1974 (“ERISA”). Client has the power and authority to designate and direct investment alternatives under the terms of the Plan and to enter into contractual arrangements with
third parties to assist in the discharge of these and related duties. The type of Plan is specified on Appendix A. Advisor is a registered investment advisor under the Investment Advisers
Act of 1940, as amended (the “Act”), and will render advisory services under this Agreement through its employees and employees of Financial Telesis Inc. who are registered as advisory
representatives of Advisor (“registered employees”), including investment advisory services to defined benefit plans, defined contribution plans, or both. In connection with and in discharge
of its duties with respect to the Plan, Client desires to engage the services of Advisor for the purposes specifically set forth below. NOW, THEREFORE, in consideration of the following
mutual promises and covenants, Client and Advisor agree as follows: 1. Advisory Services Advisor shall provide the services selected by Client on Appendix A. Such services are described
below. a. Preparation of Investment Policy Statement. The Advisor will prepare or revise an investment policy statement (“IPS”) for the Plan based upon consultation with the Client to
ascertain the Client’s investment objectives, policies, and constraints and will assist Client in developing a policy and IPS that is consistent with accepted fiduciary practices. The
Advisor provides no assurances that the Client will achieve the investment objectives in the IPS. b. Review of Fiduciary Practices. Advisor will conduct a review of current investment
fiduciary practices based upon consultation with Client and review of materials provided by Client, and will prepare a written report for Client. c. Plan Design Consultation. Advisor
will assist Client with the design of plan provisions pursuant to Client objectives. Advisor does not provide legal advice and recommends that Client also engage the services of a qualified
retirement plan attorney for the purpose of plan design and document creation. d. Assistance with Plan Investment Committee Charter. Advisor will advise and assist with the creation
or revision of a charter for the Plan Investment Committee and/or Board. e. Fiduciary Due Diligence Notebook. Advisor will create a notebook to assist with the organization of various
fiduciary practices and materials. f. Fiduciary File Cabinet. Advisor will create a secured online account for archiving and retrieval of various plan related documents. g. Fee Benchmarking
and Cost Reduction Initiatives. Advisor will prepare a Total Cost Analysis report at least annually to compare investment and service fees to industry benchmarks for services of similar
quality, and from time to time, to alternative providers. Advisor will also recommend various contract, fund and/or process initiatives to manage fees levels. h. Quarterly Performance
Monitoring of Investment Manager(s). Advisor will perform quarterly monitoring of investment manager(s) or investments in accordance with the IPS guidelines to ensure compliance. The
investment manager(s) or investments will be evaluated according to the established guidelines as outlined in the IPS and investment portfolio characteristics, performance of duties,
and investment process and philosophy. Though recognizing that these plans are not subject to ERISA, the advisor will monitor the appropriateness and continued suitability of each of
the investments with a view to the “broad range” requirement described in ERISA Section 404(c). Attachment number 1 Page 1 of 8 Item # 5
Financial Telesis Inc Investment Advisory Agreement -2 -Initials _______ i. Performance Reports and Investment Recommendations. The Advisor will prepare reports evaluating the performance
of Plan investment manager(s) or investments, as the case may be, as well as comparing the performance thereof to benchmarks set forth in the IPS. The information used to generate the
reports will be derived from statements provided by the Client. The Advisor will recommend, for selection by the Client, specific funds to be held by the plan or, in the case of a participant-directe
d defined contribution plan, offered as investment options under the Plan consistent with the policies outlined in the IPS. The advisor will recommend, for selection by the Client, investment
replacements if an existing investment is no longer suitable as an investment option, and appropriate action to substitute alternative investments. j. Attendance at Plan Committee and
other meetings. Advisor personnel will attend up to four regularly scheduled quarterly Plan Committee meetings per year, as well as other meetings as reasonably requested by Client.
k. Fiduciary Plan Review. Advisor will conduct a review of Plan design, operational and administrative issues, as well as a compliance review and assessment of regulatory and fiduciary
issues, no less than annually. l. Fiduciary Education Services to Plan Committee. Advisor will provide educational materials to the members of the Plan Committee covering guidance with
respect to fiduciary duties. m. Fiduciary Consulting Services. Advisor will serve as a fiduciary consulting/advisory resource for Client and Plan Committee. (Advisor does not offer legal
or tax advice). n. Strategic Guidance. Advisor will offer advice, research and assistance on various plan issues to Client and Plan Committee. (Advisor does not offer legal or tax advice)
o. Participant Education Guidance. Advisor will assist Client with the design and implementation of an employee education campaign. p. Vendor Coordination Assistance. Advisor will assist
with plan vendor coordination/vendor relations assistance. q. Accessibility of Consultants. Advisor will provide live accessibility to consulting personnel. r. Initial Vendor Search.
Advisor will manage the preparation, distribution and evaluation of RFP’s, finalist interviews, and conversion support for a vendor search initiated during the first eighteen months
of this Agreement. Future RFP and conversion services may incur an additional consulting fee. This report will review and compare each vendor’s capabilities with the following, among
other factors: i. Corporate background and expertise with non-profit employers ii. Conversion services iii. Recordkeeping iv. Administration v. Participant communications vi. Technology
services vii. Website services and functionality viii. Timing standards ix. Plan compliance x. Benefit processing xi. Investment management services xii. Hard and soft dollar administrative,
investment management, asset and other fees charged by each vendor xiii. Liquidity and discontinuance features Attachment number 1 Page 2 of 8 Item # 5
Financial Telesis Inc Investment Advisory Agreement -3 -Initials _______ The information used to generate the reports may be derived in whole or in part from statements provided by the
Client and/or the Plan service provider. The Advisor may recommend, for selection by the Client, specific funds to be offered as investment options under the Plan. It is understood and
agreed that the Advisor does not assume responsibility for the accuracy of the information furnished by the Client, Plan service provider, or any other person, firm, or corporation.
Information which forms the basis of the recommendations about the investments will be derived from sources which the Advisor believes to be reliable but whose accuracy is not and cannot
be guaranteed by the Advisor. s. Fund Selection Assistance. Advisor will assist with the evaluation and selection of the initial fund menu subsequent to any change in retirement plan
provider(s). t. Advice and Participation in Finalist Presentations. Advisor will assist with the preparation for any finalist presentations pursuant to Section 1.m. of this Agreement
(Initial Vendor Search) by suggesting potential format and evaluation criteria. Advisor will actively participate in the meetings as an advisor to Client, and will help organize and
interpret vendor responses. u. Implementation Assistance. Upon selection of the Plan provider(s) pursuant to Section 1.r. of this Agreement (Initial Vendor Search), Advisor will review
contract materials and advise Client regarding beneficial contract features. Advisor will attend an initial implementation meeting and assist with creation of an implementation plan.
Establishment of investment fiduciary processes and ongoing investment advisory services are not included in this agreement but are available and can be addressed in a separate Investment
Advisory Agreement at the discretion of Client. v. Additional Services. Services as agreed upon by Advisor and Client and outlined in Appendix A. 2. Term The term of this Agreement shall
commence on the Effective Date and shall continue unless and until terminated by either party on not less than 60 days written notice to the other party. If the effective date of termination
of this Agreement occurs during the quarter in which the notice of termination is given and is other than the last day of a calendar quarter for which the Advisor has received payment,
Advisor shall be entitled to retain its entire fee for such quarter; provided that if the termination date extends beyond the last day of the quarter in which the notice is given and
into a new calendar quarter for which Advisor has not been previously paid, the Client shall pay to Advisor a pro rata portion of its quarterly fee for such additional period. Any such
additional fee shall be paid concurrently with the notice of termination if given by Client and within 5 business days following the notice of termination by Advisor. 3. Compensation
Advisor shall be paid for services by the party and in the manner selected in Appendix A, in equal quarterly installments, payable in advance on the first business day of each quarter
during the term of the Agreement. If the fee structure is based upon a percentage of the account assets, subsequent quarterly fees will be calculated based upon the ending market value
of the Plan assets. By signing this Agreement and checking the “Investment Provider” box on Appendix A, Client authorizes the investment provider to pay such compensation directly to
Advisor. 4. Representations, Warranties and Disclosures of Client a) The Client acknowledges that (i) it has selected the investments to be held by or offered under the Plan, (ii) Advisor
is acting in an advisory capacity only and has no discretion over the investments held by or offered under the Plan, (iii) Client has been advised by Advisor that investments fluctuate
in value and the value of the investments when sold may be greater or lesser than the original cost, and Client acknowledges and agrees that Advisor does not warrant or guarantee any
level of performance by any of the investments or that any investment will be profitable over time and that the Plan and its participants are assuming the market risk involved in the
investment of Plan assets, and (iv) past investment performance does not necessarily guarantee any level of future investment performance. The Client further acknowledges that delivery
of the reports described above depends upon timely delivery of the necessary statements to Advisor, and Advisor is not responsible for verifying the accuracy of the statements provided
by the Client. b) Notwithstanding any other provision of this Agreement, if capital stock of the employer sponsoring the Plan (“Stock”) is held by or offered as an investment option
under the Plan, Advisor shall have no responsibility with respect thereto. c) Client has the power and authority to enter into and perform this Agreement, and there are no authorizations,
permits, certifications, licenses, filings, registrations, approvals or consents that must be obtained by it from any third party, including any governmental authority, in connection
with this Agreement. Attachment number 1 Page 3 of 8 Item # 5
Financial Telesis Inc Investment Advisory Agreement -4 -Initials _______ d) This Agreement has been duly authorized and executed and constitutes the legal, valid and binding Agreement
of Client, enforceable in accordance with its terms. e) All information provided or to be provided to Advisor hereunder to enable Advisor to perform the services selected in Appendix
A is and shall be true, correct and complete in all material respects. Client acknowledges that Advisor is entitled to rely upon all information provided by Client to Advisor whether
financial or otherwise. Client agrees to promptly notify Advisor in writing of any material change in the financial and other information provided to Advisor and to promptly provide
any such additional information as may be requested by Advisor. f) Client acknowledges that Advisor shall not, and cannot, provide legal or tax advice to the Client or the Plan. Client
agrees to seek the advice of its legal advisor, as to matters that might arise relating to the operations and administration of the Plan. g) Receipt of Disclosure Statement: Client acknowledges
receipt of Part II of Form ADV of Advisor prior to or contemporaneously with execution of this agreement and understands that this agreement may be terminated without penalty within
five (5) business days after entering this agreement. Advisor will, upon written request of Client, deliver to Client on an annual basis, the current Part II of Advisor’s Form ADV. 5.
Representations, Warranties and Disclosures of Advisor a) Advisor is registered under the Act and shall maintain such registration through the term of this Agreement. All personnel assigned
by Advisor to render services hereunder, shall be appropriately licensed as required by law. Advisor shall not delegate any functions described above that are covered by the Act, to
non-licensed employees. b) Advisor has the power and authority to enter into and perform this Agreement, and there are no authorizations, permits, certifications, licenses, filings,
registrations, approvals or consents which must be obtained by it from any third party, including any governmental authority, in connection with this Agreement. c) This Agreement has
been duly authorized and executed and constitutes the legal, valid and binding Agreement of Advisor, enforceable in accordance with its terms. 6. Limits on Liability a) Client agrees
that the only responsibilities of Advisor hereunder are to render the services selected on Appendix A. Neither Advisor nor any “person associated with” Advisor, as such term is defined
in Section 202(a)(17) of the Act, shall have the authority to take custody or possession of any assets of the Plan. b) Subject to the provisions below, Advisor will not be subject to
any claim arising under the Plan associated with any act or failure to act of Client, any other fiduciary of the Plan or any Plan Participant, or any failure of Client to comply with
any of its obligations relating to the Plan. In the absence of gross negligence or intentional misconduct on its part, Advisor shall not be liable for any action taken, suffered or omitted
by it or for any error in judgment made by it in the performance of its non-fiduciary duties hereunder. c) Each party hereto agrees to indemnify and hold the other harmless, to the extent
allowed under Section 768.28, F.S., from all claims, loss, damage and expense, including attorney fees and costs and attorney fees and costs on appeal, arising from the negligent acts
or omissions of the indemnifying party’s officers, employees, contractors and agents related to its performance under this Agreement. Such indemnification shall include reasonable attorney’s
fees and costs for all proceedings at the trial and appellate level. This provision does not constitute a waiver of any party’s sovereign immunity under Section 768.28, F.S. or extend
any party’s liability beyond the limits established in Section 768.28, F.S. Attachment number 1 Page 4 of 8 Item # 5
Financial Telesis Inc Investment Advisory Agreement -5 -Initials _______ 7. Fiduciary Status Advisor acknowledges that certain services that it may perform under this Agreement constitute
the provision of investment advice to the Plan for compensation and, as a consequence, is a “fiduciary” as such term is defined under Section 3(21)(A) of the Employee Retirement Income
Security Act of 1974, as amended (“ERISA”). The parties acknowledge and agree that Advisor: a) Has no responsibility to and will not (i) exercise any discretionary authority or discretionary
control respecting management of the Plan, (ii) exercise any authority or control respecting management or disposition of assets of the Plan, or (iii) have any discretionary authority
or discretionary responsibility in the administration of the Plan or interpretation of the Plan documents , and b) Is not an “investment manager” as defined in Section 3(38) of ERISA
and does not have the power to manage, acquire or dispose of any plan assets. In performing its duties hereunder, Advisor will act in a manner consistent with the requirements of a fiduciary
under ERISA charged with performing with the duties specified in Section 2 of Appendix A. Accordingly, Client acknowledges that the sole standard of care imposed on Advisor and its agents
hereunder is to act with the care, skill, prudence and diligence under the circumstances then prevailing that a prudent investor acting in a like capacity would use. 8. Non-Exclusive
Services; Relationship of Parties Client understands that Advisor and its affiliates perform, among other things, brokerage and investment advisory services for other clients. Client
recognizes that Advisor or any of its affiliates may give advice and take action in the performance of its duties for such other clients (including those who may have similar retirement
plan arrangements as Client) which may differ from advice given, or in the timing and nature of action taken, with respect to Client. Nothing in this Agreement shall be deemed to impose
on Advisor, or any of its affiliates, any obligation to advise Client with respect to the Plan, including the Services provided by Advisor under this Agreement, or any of its affiliates,
in the same manner as it may advise any of its other clients. Client also acknowledges that Advisor and its affiliates may, by reason of its other activities as described above, from
time to time acquire confidential information. Client acknowledges and agrees that Advisor is unable to divulge to the Client or any other party, or to act upon, any such confidential
information with respect to its performance of this Agreement. 9. Expenses Advisor shall be entitled to reimbursement of any reasonable and necessary expenses incurred by it pursuant
to additional services not specified in section 1 of this Agreement which are performed at the request of Client. In the event of any litigation involving the Plan, Client shall reimburse
Advisor for all costs of providing records and preparing custom reports beyond those included in section 1 of this Agreement. Advisor shall also be entitled to reimbursement for preparing
and providing testimony in such litigation, including the reasonable compensation of its employees in performing such functions, whether or not Advisor is a party to such action. Any
such expenses must be approved in advance by Client. 10. General Provisions Entire Agreement. This Agreement constitutes the entire agreement between Client and Advisor with respect
to the matters set forth herein, and each party acknowledges and agrees that no representations, warranties, inducements, promises or agreements other than those set forth herein have
been made by any party to the other. Amendments. No modifications, amendments or attempted waiver of any provisions of this Agreement shall be valid unless in writing and signed by both
parties hereto. Governing Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, except to the extent federal law preempts
state law. Any legal action or proceeding relating to this Agreement shall be instituted in a state court in Pinellas County, Florida, or a federal court in Hillsborough County, Florida,
and each party hereby submits to the personal jurisdiction of such courts and waives any defense related to venue or forum non conveniens. Nonassignability; Binding Effect. Neither party
to this Agreement may assign or delegate any rights or obligations hereunder without first obtaining the written consent of the other, but this Agreement shall be binding upon and inure
to the benefit of the parties and their permitted successors and assigns. Survival. The provisions in sections 6, 8 and 9 shall survive the termination of this Agreement. Attachment
number 1 Page 5 of 8 Item # 5
Financial Telesis Inc Investment Advisory Agreement -6 -Initials _______ Notice. All notices required by this Agreement shall be in writing and delivered by U.S. Mail, overnight express
delivery, facsimile or email and shall be effective on the date of delivery if personally delivered or delivered by email or on the date of posting if mailed. Notices shall be delivered
to the following addresses: If to Client: Address as indicated in Appendix A If to Advisor: Financial Telesis Inc. Attn.: W. Michael Montgomery Montgomery Retirement Plan Advisors, Inc.
14502 N. Dale Mabry Highway, Suite 328 Tampa, FL 33618 813-909-9305 Advice of Counsel. Each party represents and warrants that in executing this Agreement it has had the opportunity
to obtain independent accounting, financial, investment, legal, tax and other appropriate advice; that the terms of the Agreement have been carefully read by such party and its consequences
explained to such party by his or their independent advisors, and that such party fully understands the terms and consequences of this Agreement. Each party further represents and warrants
that, in executing this Agreement, it has not relied on any inducements, promises or representations made by the other party (except those expressly set forth herein) or the accountants,
attorneys or other agents representing or serving the other party. Each party represents and warrants that its execution of this Agreement is free and voluntary. Amendment and Waiver.
No provision of this Agreement or any of the documents referred to herein may be amended, modified, supplemented, changed, waived, discharged or terminated, except by a writing signed
by or on behalf of each party hereto. Interpretation. This Agreement shall be construed in accordance with its fair meaning as if prepared by all parties hereto, and shall not be interpreted
against either party on the basis that it was prepared by one party or the other. The captions, headings, and subheadings used in this Agreement are for convenience only and do not in
any way affect, limit, amplify or modify the terms and provisions thereof. Words used herein in the masculine gender shall include the neuter and feminine gender, words used herein in
the neuter gender shall include the masculine and feminine, words used herein in the singular shall include the plural, and words used in the plural shall include the singular, wherever
the context so reasonably requires. Arbitration. In the event of a dispute arising from or relating to this agreement or a breach thereof, the parties agree to try in good faith to resolve
the dispute through direct discussions, the parties to endeavor first to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation
Procedures, the New York Stock Exchange, Inc., or Financial Industry Regulatory Authority (FINRA), as agreed to by the parties before resorting to arbitration. If they are unable to
resolve the dispute through mediation, within sixty (60) days from the date notice is first given by one party to the other as to the existence of such a dispute, the parties agree to
submit to resolution by arbitration before a panel of independent arbitrators administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules,
the New York Stock Exchange, Inc., or Financial Industry Regulatory Authority (FINRA), as agreed to by the parties. Such arbitration shall be binding and final, and the judgment on the
award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitrators will have no authority to award punitive or other damages not measured by the
prevailing party's actual damages, except as may be required by statute. The Parties have caused this Agreement to be signed by their duly authorized representatives as of __________________
(the “Effective Date”). City of Clearwater Financial Telesis Inc. _________________________ ____________________________ Plan Administrator Signature FTI Investment Advisor _________________________
____________________________ Title FTI Registered Principal I have received from Financial Telesis Inc. the Form ADV Part II /Schedule F. Attachment number 1 Page 6 of 8 Item # 5
Financial Telesis Inc Investment Advisory Agreement -7 -Initials _______ 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 Rosemarie Call Assistant
City Attorney City Clerk Attachment number 1 Page 7 of 8 Item # 5
APPENDIX A Client Name /Address: City of Clearwater 100 South Myrtle Avenue Clearwater, FL 33756 Authorized Signatory: __________________________________________ _____________________________________
_____ Plan Names: City of Clearwater 401(a) Money Purchase Pension Plan City of Clearwater ICMA 457 Governmental Plan and Trust City of Clearwater Nationwide 457 Governmental Plan and
Trust Plan Tax IDs: __________________________________________ __________________________________________ Services: Designation as ERISA 3(21)(a) Plan Fiduciary Preparation of Investment
Policy Statement (“IPS”) Plan design consultation Assistance with Plan Investment Committee Charter Creation of Fiduciary Due Diligence Notebook Creation and use of Fiduciary File CabinetTM
online archive Fee benchmarking and cost reduction initiatives Quarterly performance monitoring of investment managers Performance reports and investment recommendations Attendance at
Plan Committee and other meetings. Annual, comprehensive Fiduciary Plan Review Fiduciary education services to Plan Committee Fiduciary consulting services and resources Strategic guidance
Participant education guidance Vendor coordination assistance Accessibility of consultants Initial vendor search Fund selection assistance Advice and participation in finalist presentations
Implementation assistance Additional services: Plan Type: Defined Contribution Plans Compensation: $32,000 per year, payable quarterly in advance ($8,000 per quarter) Bill To: Client
or investment provider, at Client discretion Attachment number 1 Page 8 of 8 Item # 5
Work Session Council Chambers -City Hall Meeting Date:11/28/2011 SUBJECT /RECOMMENDATION: Approve the Fourth Amendment to Sports Facility Use Agreement between the City of Clearwater
(City) and Phillies Florida LLC (Phillies); a Project Agreement between the City and Phillies to make certain improvements at Carpenter Complex and Bright House Field (Project) in accordance
to the Carpenter Complex Use Agreement and the Bright House Field Use Agreement; approve funding the project for $2,900,000 from un-appropriated retained earnings; and authorize the
appropriate officials to execute same. (consent) SUMMARY: The four field Carpenter Complex was originally developed in partnership with the Philadelphia Phillies over 45 years ago to
be the main spring training facility for the Phillies. Since that time, Bright House Field was constructed and other major league improvements were made to the clubhouse and ballfields
at Carpenter. Staff for both the Phillies and City has identified several existing facilities, or lack thereof, that need to be replaced or constructed to meet the standards needed for
a professional sports franchise. Major elements of this project will include the following: Carpenter Complex: 1. Construction of a new 20,710 square foot training building that will
include six batting tunnels; 4,831 square foot weight training and cardio room; training room; storage space; office space; locker space; restroom facilities; laundry/janitor room and
staging/video room. (site plan of new building attached) 2. Renovation of the existing 3,420 square foot building north of the clubhouse to house two additional indoor batting tunnels
3. Construction of a covered walkway connecting the Southeast side of the clubhouse to the new training building. 4. Relocation of existing amenities (fencing, warning tracks, sidewalks
etc.) to gain access to the new weight training/cardio building. 5. Removal of existing open air hitting cages on the north side of the entrance driveway and replace with new sod and
landscaping. Bright House Field: 1. Construction of one or two batting tunnels under the stadium to be accessed from the home dugout by installation of a walkway and new door. The City
will fund the project up to a maximum of $2,900,000. Architects and engineering fees are to be included as part of the project. Funding for the project will come from un-appropriated
retained earnings and will be transferred into the project at first quarter. The Phillies will manage the project and be responsible for any project cost overrun above the City’s $2,900,000
contribution. In addition as part of the Fourth Amendment, the Phillies will pay the City additional use fees from Spring Training games occurring from 2012 through 2023 equal to ($.60)
times the number of paid admissions to each Phillies Major League Spring Training home game played at Bright House Field against another Major Cover Memo Item # 6
League team. Past attendance records indicate that the City will be reimbursed between $72,623 and $77,792 per year. The project construction commences May 2012 to be ready for spring
2013. There will be no increase in City operating budgets and staffing levels because the Phillies will handle all maintenance of these new facilities. A first quarter budget amendment
will establish project 315-93628, Carpenter Complex/Bright House Field Improvements in the amount of $2.9 million from General Fund un-appropriated retained earnings. With the approval
of this agenda item, General Fund reserves will be approximately $15.1 million, representing 13.8% of the current adopted budget, with reserves of 5.8 million over the current reserve
policy. Type: Capital expenditure Current Year Budget?: No Budget Adjustment: Yes Budget Adjustment Comments: New project. Current Year Cost: $2,900,000 Annual Operating Cost: Not to
Exceed: $2,900,000 Total Cost: $2,900,000 For Fiscal Year: 2011 to 2012 Appropriation Code Amount Appropriation Comment unappropriated retained earnings $2,900,000 Review Approval: 1)
Office of Management and Budget 2) Parks and Recreation 3) Office of Management and Budget 4) Legal 5) Clerk 6) Assistant City Manager 7) City Manager 8) Clerk Cover Memo Item # 6
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Work Session Council Chambers -City Hall Meeting Date:11/28/2011 SUBJECT /RECOMMENDATION: Award a Contract (Purchase Order) for $162,000.00 to Tampa Truck Center of Tampa, FL for one
Freightliner CNG Chassis; remove, install and refurbish the existing Propane Tank in accordance with Sec. 2.564(1)(d), Code of Ordinances -Other governmental bid; authorize lease purchase
of $128,090.00 under the City's Master Lease Purchase Agreement and authorize the appropriate officials to execute same. (consent) SUMMARY: The Freightliner Chassis and removal and retrofit
of the Propane Tank will be purchased through the Florida Sheriff's Association and Florida Association of Counties Contract 11-19-0907, Specification 070-700-312 and quote dated November
1, 2011. The Chassis will replace G2344, 2001 International with 118,000 miles. The cost of the Chassis and Upgrades is $128,090.00. Krutsinger of Tampa, FL will perform the removal
and installation of the body, upgrade the Propane unit to current standards for $34,000. The cost to upgrade the chassis to CNG is $29,091. The payback for the upgrade cost based on
2,521 gallons at $1.22 difference in cost is 9.4 years. This truck will have a life of 12 years. The Chassis is included in the Garage CIP Replacement Fund and the budget amount is $78,000.
The remainder of the Chassis difference between budget and actual plus CNG Conversion will be paid from savings in the Garage Replacement CIP. The cost of the removal, upgrade and installation
of the Propane Tank will be paid from an operational fund. Type: Purchase Current Year Budget?: Yes Budget Adjustment: None Budget Adjustment Comments: Current Year Cost: $60,642.00
Annual Operating Cost: $10,258.80 Not to Exceed: Total Cost: $70,900.72 For Fiscal Year: 2011 to 2012 Appropriation Code Amount Appropriation Comment 0316-94234-564100-519-0000 $128,090.00
L/P CIP 0423-02077-530100-532-0000 $34,000.00 Operational Fund Bid Required?: No Bid Number: Other Bid /Contract: Florida Sheriff's Contract #11-19-0907 Bid Exceptions: None Review Approval:
1) City Manager 2) Clerk Cover Memo Item # 7
Work Session Council Chambers -City Hall Meeting Date:11/28/2011 SUBJECT /RECOMMENDATION: Award a Contract (Purchase Order) for $369,154.00 to Kenworth of Central Florida of Orlando,
FL for two Kenworth T800/T440 CNG Trucks with Palfinger M100L72 Grapple Loader and 28 yd. Trash Body 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 Jaws trucks will be purchased
through the Florida Sheriff's Association and Florida Association of Counties Contract 11-19-0907, Specification 50 and the quote dated November 10, 2011. The trucks will replace G2888
with 89,676 miles and G2891 with 86,378 miles. Both trucks are included in the Fiscal Year 2011/2012 Garage CIP Replacement Fund. The budget for these trucks is $360,000. The cost of
the CNG upgrade increased since the budget amount was received from various vendors during the budget cycle. Savings in the CIP can be used to cover the additional cost. The cost to
upgrade the chassis to CNG is $30,546.00. The annual savings based on $1.00 difference between diesel fuel and CNG is $4,692. The payback is 6.5 years. This truck will have an expected
life of 10 to 12 years. Type: Purchase Current Year Budget?: Yes Budget Adjustment: None Budget Adjustment Comments: Current Year Cost: $76,784.03 Annual Operating Cost: $67,258.00 Not
to Exceed: Total Cost: $144,042.03 For Fiscal Year: 2010 to 2011 Appropriation Code Amount Appropriation Comment 0316-94234-564100-519-0000 $369,154.00 L/P CIP Bid Required?: No Bid
Number: Other Bid /Contract: Florida Sheriff's Association bid #11-19-0907 Bid Exceptions: None Review Approval: 1) Financial Services 2) Office of Management and Budget 3) Solid Waste/General
Support Services 4) Financial Services 5) Office of Management and Budget 6) Legal 7) Clerk 8) Assistant City Manager 9) City Manager 10) Clerk Cover Memo Item # 8
Work Session Council Chambers -City Hall Meeting Date:11/28/2011 SUBJECT /RECOMMENDATION: Award a contract (Purchase Order) for $507,342.00 to Container Systems and Equipment Co. Inc.
of Daytona Beach, FL for two Crane Carrier CNG Low Entry Cab Chassis with 25 Cubic Yard Loadmaster Excel Rear Loader Body, 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 two rear loaders
will be purchased through the Florida Sheriff's Contract 11-19-0907, specification 050 and quote dated October 26, 2011. These trucks will replace G2556 with 91,719 miles and G2557 with
88,498 miles. Both trucks are included in the Fiscal Year 2011/2012 Garage CIP Replacement Fund at a total estimated cost of $240,000 per truck. The cost of the CNG upgrade is $28,808.00
per truck. The cost of the upgrade will be recovered in fuel savings based on current difference in price of $1.00 and annual gallons used is 4080 in 7 years. This truck has an expected
life of 10 to 12 years. The Garage CIP has enough savings to cover the additional cost of the trucks and Solid Waste has operating funds available to cover the additional debt. Type:
Purchase Current Year Budget?: Yes Budget Adjustment: None Budget Adjustment Comments: Current Year Cost: $105,527.00 Annual Operating Cost: $27,440.00 Not to Exceed: Total Cost: $132,967.00
For Fiscal Year: 2010 to 2011 Appropriation Code Amount Appropriation Comment 0316-94234-564100-519-0000 $507,342.00 L/P CIP Review Approval: 1) Financial Services 2) Office of Management
and Budget 3) Legal 4) Clerk 5) Assistant City Manager 6) City Manager 7) Clerk Cover Memo Item # 9
Work Session Council Chambers -City Hall Meeting Date:11/28/2011 SUBJECT /RECOMMENDATION: Award a Contract (purchase order) to R.E. Purcell Construction of Largo, Florida for the 2011
Street Resurfacing Project (11-0024-EN) in the amount of $1,386,029.62, which is the lowest responsible bid received in accordance with the plans and specification and authorize the
appropriate officials to execute same. (consent) SUMMARY: The City of Clearwater annual street resurfacing program is designed to prevent the deterioration of roadway wearing surfaces,
provide a protective coating and maintain the integrity of the road substructure throughout the city street system. The streets scheduled for resurfacing in this contract are from citizens'
requests, Public Services, Engineering and our consultant; and have all been determined to warrant their inclusion by virtue of an inspection and prioritization process performed by
the Engineering staff. They include streets on north beach and south beach, plus the roundabout; Cleveland Street from Highland to Belcher; Landmark Drive from State Road 580 to Curlew
Road; and various smaller streets. The contract period is 120 days. Sufficient funding and budget are available in Capital Improvement Program project 0315-92273, Streets and Sidewalks.
Type: Capital expenditure Current Year Budget?: Yes Budget Adjustment: No Budget Adjustment Comments: See summary Current Year Cost: $1,386,029.62 Annual Operating Cost: Not to Exceed:
$1,386,029.62 Total Cost: $1,386,029.62 For Fiscal Year: 2011 to 2012 Appropriation Code Amount Appropriation Comment 0315-92273-563700-541-000-0000 $1,386,029.62 See summary Bid Required?:
Yes Bid Number: 11-0024-EN Other Bid /Contract: Bid Exceptions: None Review Approval: 1) Engineering 2) Financial Services 3) Office of Management and Budget 4) Legal 5) Clerk 6) Assistant
City Manager 7) City Manager 8) Clerk Cover Memo Item # 10
BID ITEMS QTY UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT BASE BID 1 FULL WIDTH MILLING ( UP TO
2” ) 130,418 SY $ 1 .30 $ 169,543.40 $ 1.73 $ 2 25,623.14 $ 1.55 $ 202,147.90 $ 1.27 $ 165,630.86 $ 2.00 $ 260,836.00 $ 1.36 $ 177,368.48 $ 1 .25 $ 163,022.50 2 FULL WIDTH MILLING (
2” TO 4” ) 10,413 SY $ 2 .09 $ 21,763.17 $ 3.68 $ 3 8,319.84 $ 2.80 $ 29,156.40 $ 2.47 $ 25,720.11 $ 3.35 $ 34,883.55 $ 2.25 $ 23,429.25 $ 2 .20 $ 22,908.60 3 SP 12.5 ASPHALT CONCRETE
RESURFACING 6,190 TN $ 9 2.50 $ 572,575.00 $ 89.80 $ 5 55,862.00 $ 89.30 $ 552,767.00 $ 76.06 $ 470,811.40 $ 90.80 $ 562,052.00 $ 97.72 $ 604,886.80 $ 9 2.00 $ 569,480.00 4 ASPHALT CONCRETE
RESURFACING 1-1/2” TYPE S-I 3,420 TN $ 8 4.75 $ 289,845.00 $ 86.25 $ 2 94,975.00 $ 87.50 $ 299,250.00 $ 76.65 $ 262,143.00 $ 88.85 $ 303,867.00 $ 93.22 $ 318,812.40 $ 9 2.00 $ 314,640.00
5 ASPHALT CONCRETE RESURFACING 1” TYPE S-III 2,988 TN $ 9 2.25 $ 275,643.00 $ 86.20 $ 2 57,565.60 $ 91.50 $ 273,402.00 $ 79.12 $ 236,410.56 $ 96.60 $ 288,640.80 $ 97.64 $ 291,748.32
$ 9 8.00 $ 292,824.00 6 MANHOLE RISER INSTALLATION 35 EA $ 1 52.50 $ 5,337.50 $ 137.00 $ 4 ,795.00 $ 175.00 $ 6,125.00 $ 131.00 $ 4,585.00 $ 200.00 $ 7,000.00 $ 104.04 $ 3,641.40 $ 1
32.00 $ 4,620.00 7 PAVEMENT MARKING – CROSSWALKS ( LANE ) 56 EA $ 1 6.00 $ 896.00 $ 17.50 $ 9 80.00 $ 16.00 $ 896.00 $ 19.00 $ 1,064.00 $ 61.60 $ 3,449.60 $ 16.00 $ 896.00 $ 1 6.00 $
896.00 8 PAVEMENT MARKING – STOP BARS (LANE) 82 EA $ 1 6.00 $ 1,312.00 $ 17.50 $ 1 ,435.00 $ 16.00 $ 1,312.00 $ 11.00 $ 902.00 $ 24.75 $ 2,029.50 $ 16.00 $ 1,312.00 $ 1 6.00 $ 1,312.00
9 PAVEMENT MARKING – SCHOOL CROSSING 10 EA $ 3 5.00 $ 350.00 $ 38.30 $ 3 83.00 $ 35.00 $ 350.00 $ 37.00 $ 370.00 $ 123.20 $ 1,232.00 $ 35.00 $ 350.00 $ 3 5.00 $ 350.00 10 PAVEMENT MARKING
– TURN, STRAIGHT,COMBO ARROWS, “SOUTH BEACH”, “NORTH BEACH” OR “ONLY” 75 EA $ 2 2.00 $ 1,650.00 $ 24.00 $ 1 ,800.00 $ 22.00 $ 1,650.00 $ 37.00 $ 2,775.00 $ 86.35 $ 6,476.25 $ 22.00 $
1,650.00 $ 2 2.00 $ 1,650.00 11 PAVEMENT MARKING – DASHED (WHITE, YELLOW OR DOUBLE YELLOW) 28,100 LF $ 0 .22 $ 6,182.00 $ 0.24 $ 6 ,744.00 $ 0.22 $ 6,182.00 $ 0.22 $ 6,182.00 $ 0.27
$ 7,587.00 $ 0.22 $ 6,182.00 $ 0 .25 $ 7,025.00 12 PAVEMENT MARKING – SOLID WHITE 10,700 LF $ 0 .14 $ 1,498.00 $ 0.15 $ 1 ,605.00 $ 0.14 $ 1,498.00 $ 0.27 $ 2,889.00 $ 0.33 $ 3,531.00
$ 0.14 $ 1,498.00 $ 0 .15 $ 1,605.00 13 PAVEMENT MARKING – DOUBLE YELLOW 26,800 LF $ 0 .28 $ 7,504.00 $ 0.31 $ 8 ,308.00 $ 0.28 $ 7,504.00 $ 0.53 $ 14,204.00 $ 0.62 $ 16,616.00 $ 0.28
$ 7,504.00 $ 0 .30 $ 8,040.00 14 PAVEMENT MARKING – SINGLE YELLOW 19,500 LF $ 0 .15 $ 2,925.00 $ 0.15 $ 2 ,925.00 $ 0.14 $ 2,730.00 $ 0.27 $ 5,265.00 $ 0.33 $ 6,435.00 $ 0.14 $ 2,730.00
$ 0 .15 $ 2,925.00 15 PAVEMENT MARKING – SOLID HALF DASHED YELLOW 100 LF $ 0 .20 $ 20.00 $ 0.22 $ 2 2.00 $ 0.20 $ 20.00 $ 0.42 $ 42.00 $ 0.27 $ 27.00 $ 0.20 $ 20.00 $ 0 .20 $ 20.00 16
PREPARATION, INSTALLATION AND MAINTENANCE OF PROJECT SIGNS 1 LS $ 1 ,500.00 $ 1,500.00 $ 2,200.00 $ 2 ,200.00 $ 1,000.00 $ 1,000.00 $ 753.00 $ 753.00 $ 5,000.00 $ 5,000.00 $ 5,779.91
$ 5,779.91 $ 5 ,000.00 $ 5,000.00 17 TEMPORARY PAVEMENT MARKING – DASHED (WHITE, YELLOW OR DOUBLE YELLOW) 28,100 LF $ 0 .22 $ 6,182.00 $ 0.24 $ 6 ,744.00 $ 0.22 $ 6,182.00 $ 0.22 $ 6,182.00
$ 0.27 $ 7,587.00 $ 0.22 $ 6,182.00 $ 0 .25 $ 7,025.00 18 TEMPORARY PAVEMENT MARKING – SOLID WHITE 10,700 LF $ 0 .14 $ 1,498.00 $ 0.15 $ 1 ,605.00 $ 0.14 $ 1,498.00 $ 0.27 $ 2,889.00
$ 0.33 $ 3,531.00 $ 0.14 $ 1,498.00 $ 0 .15 $ 1,605.00 19 TEMPORARY PAVEMENT MARKING – DOUBLE YELLOW 26,800 LF $ 0 .28 $ 7,504.00 $ 0.31 $ 8 ,308.00 $ 0.28 $ 7,504.00 $ 0.53 $ 14,204.00
$ 0.62 $ 16,616.00 $ 0.28 $ 7,504.00 $ 0 .30 $ 8,040.00 GATOR GRADING & PAVING OLDCASTLE SOUTHERN GROUP (APAC S/E) R. E. PURCELL CONSTRUCTION 2011 STREET RESURFACING PROJECT 11-0024-EN
THURSDAY, OCTOBER 13, 2011 AWARD -THURSDAY, DECEMBER 1, 2011 THE LANE CONSTRUCTION SUNSHINE PIPE CORP. CORP. TAMPA PAVEMENT AJAX PAVING INDUSTRIES CONSTRUCTORS Attachment number 1 Page
1 of 2 Item # 10
BID ITEMS QTY UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT GATOR GRADING & PAVING OLDCASTLE SOUTHERN
GROUP (APAC S/E) R. E. PURCELL CONSTRUCTION 2011 STREET RESURFACING PROJECT 11-0024-EN THURSDAY, OCTOBER 13, 2011 AWARD -THURSDAY, DECEMBER 1, 2011 THE LANE CONSTRUCTION SUNSHINE PIPE
CORP. CORP. TAMPA PAVEMENT AJAX PAVING INDUSTRIES CONSTRUCTORS 20 TEMPORARY PAVEMENT MARKING – SINGLE YELLOW 19,500 LF $ 0 .14 $ 2,730.00 $ 0.15 $ 2 ,925.00 $ 0.14 $ 2,730.00 $ 0.27
$ 5,265.00 $ 0.33 $ 6,435.00 $ 0.14 $ 2,730.00 $ 0 .15 $ 2,925.00 21 REMOVE AND REPLACE VALLEY GUTTER CURB 300 LF $ 3 5.00 $ 10,500.00 $ 11.00 $ 3 ,300.00 $ 55.00 $ 16,500.00 $ 24.80
$ 7,440.00 $ 50.00 $ 15,000.00 $ 25.00 $ 7,500.00 $ 1 05.00 $ 31,500.00 22 REMOVE AND REPLACE 10" BASE WITH CRUSED CONCRETE ( COUNTRYSIDE BOULEVARD ) 600 SY $ 3 1.00 $ 18,600.00 $ 61.75
$ 3 7,050.00 $ 32.75 $ 19,650.00 $ 40.50 $ 24,300.00 $ 50.00 $ 30,000.00 $ 28.92 $ 17,352.00 $ 4 0.00 $ 24,000.00 SUBTOTAL (ITEMS 1-34) $ 1,405,558.07 $ 1 ,463,474.58 $ 1,440,054.30
$ 1,260,026.93 $ 1,588,831.70 $ 1,490,574.56 $ 1,471,413.10 23 10% CONTINGENCY 1 LS $ 1 40,555.80 $ 140,555.80 $ 146,347.46 $ 1 46,347.46 $ 144,005.43 $ 144,005.43 $126,002.69 $ 126,002.69
$ 158,883.17 $ 149,057.46 $ 147,141.31 BASE BID TOTAL CONSTRUCTION COST(ITEMS 1-35) $ 1,546,113.87 $ 1 ,609,822.04 $ 1,584,059.73 $ 1,386,029.62 $ 1,747,714.87 $ 1,639,632.02 $ 1,618,554.41
ALTERNATE 1 24 CONTRACTOR RETAINS PROJECT MILLINGS (DEDUCT) 9,307 TN $ (4.00) $ (37,228.00) $ --0.5 $ (4,653.50) $ (0.01) $ (93.07) -0.01 $ (93.07) 0 $ -$ (0.50) $ (4,653.50) Total Base
Bid and Alternate #1 $ 1,508,885.87 $ 1 ,609,822.04 $ 1,579,406.23 $ 1,385,936.55 $ 1,747,621.80 $ 1 ,639,632.02 $ 1,613,900.91 Attachment number 1 Page 2 of 2 Item # 10
PDFConvert.15734.1.Contract_for_signature.doc Page i 9/27/2010 SECTION V CONTRACT DOCUMENTS Table of Contents: CONTRACT BOND ..........................................................................
........................................... 1 CONTRACT .................................................................................................................................
3 CONTRACTOR'S AFFIDAVIT FOR FINAL PAYMENT ..................................................... 6 PROPOSAL BOND ......................................................................................
................................ 7 AFFIDAVIT ................................................................................................................................. 8 NON-COLLUSION
AFFIDAVIT ............................................................................................... 9 PROPOSAL ..................................................................................
.............................................. 10 CITY OF CLEARWATER ADDENDUM SHEET ................................................................. 13 BIDDER’S PROPOSAL ............................
................................................................................. 14 Attachment number 2 Page 1 of 15 Item # 10
PDFConvert.15734.1.Contract_for_signature.doc Page 1 of 14 9/27/2010 BOND NUMBER: ____________________ CONTRACT BOND STATE OF FLORIDA COUNTY OF PINELLAS KNOW ALL MEN BY THESE PRESENTS:
That we R. E. PURCELL CONSTRUCTION CO., INC. as Contractor and HARTFORD FIRE INSURANCE COMPANY (Surety) whose home address is ONE HARTFORD PLAZA, HARTFORD, CT. 06155_.HEREINAFTER CALLED
THE "Surety", are held and firmly bound into the City of Clearwater, Florida (hereinafter called the "Owner") in the penal sum of ONE MILLION THREE HUNDRED EIGHTY SIX THOUSAND TWENTY
NINE DOLLARS AND SIXTY-TWO CENTS ($1,386,029.62) for the payment of which we bind ourselves, our heirs, executors, administrators, successors, and assigns for the faithful performance
of a certain written contract, dated the day of , 20___, entered into between the Contractor and the City of Clearwater for: 2011 STREET RESURFACING PROJECT 11-0024-EN a copy of which
said contract is incorporated herein by reference and is made a part hereof as if fully copied herein. NOW THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that if the Contractor
shall in all respects comply with the terms and conditions of said contract, including the one-year guarantee of material and labor, and his obligations thereunder, including the contract
documents (which include the Advertisement for Bids, Form of Proposal, Form of Contract, Form of Surety Bond, Instructions to Bidders, General Conditions and Technical Specifications)
and the Plans and Specifications therein referred to and made a part thereof, and such alterations as may be made in said Plans and Specifications as therein provided for, and shall
indemnify and save harmless the said Owner against and from all costs, expenses, damages, injury or conduct, want of care or skill, negligence or default, including patent infringements
on the part of the said Contractor agents or employees, in the execution or performance of said contract, including errors in the plans furnished by the Contractor, and further, if such
"Contractor" or "Contractors" shall promptly make payments to all persons supplying him, them or it, labor, material, and supplies used directly or indirectly by said Contractor, Contractors,
Sub-Contractor, or Sub-Contractors, in the prosecution of the work provided for in said Contract, this obligation shall be void, otherwise, the Contractor and Surety jointly and severally
agree to pay to the Owner any difference between the sum to which the said Contractor would be entitled on the completion of the Contract, and that which the Owner may be obliged to
pay for the completion of said work by contract or otherwise, & any damages, direct or indirect, or consequential, which said Owner may sustain on account of such work, or on account
of the failure of the said Contractor to properly and in all things, keep and execute all the provisions of said contract. Attachment number 2 Page 2 of 15 Item # 10
PDFConvert.15734.1.Contract_for_signature.doc Page 2 of 14 9/27/2010 CONTRACT BOND (2) And the said Contractor and Surety hereby further bind themselves, their successors, executors,
administrators, and assigns, jointly and severally, that they will amply and fully protect the said Owner against, and will pay any and all amounts, damages, costs and judgments which
may be recovered against or which the Owner may be called upon to pay to any person or corporation by reason of any damages arising from the performance of said work, or of the repair
or maintenance thereof, or the manner of doing the same or the neglect of the said Contractor or his agents or servants or the improper performance of the said work by the Contractor
or his agents or servants, or the infringements of any patent rights by reason of the use of any material furnished or work done; as aforesaid, or otherwise. And the said Contractor
and Surety hereby further bind themselves, their successors, heirs, executors, administrators, and assigns, jointly and severally, to repay the owner any sum which the Owner may be compelled
to pay because of any lien for labor material furnished for the work, embraced by said Contract. And the said Surety, for the value received, hereby stipulates and agrees that no change,
extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its
obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications.
IN TESTIMONY WHEREOF, witness the hands and seals of the parties hereto this day of , 20___. R. E. PURCELL CONSTRUCTION CO., INC. CONTRACTOR By: ATTEST: ___________________________________
SURETY WITNESS: By: ATTORNEY-IN-FACT ___________________________________ COUNTERSIGNED: Attachment number 2 Page 3 of 15 Item # 10
PDFConvert.15734.1.Contract_for_signature.doc Page 3 of 14 9/27/2010 CONTRACT This CONTRACT made and entered into this ____ day of ____________, 20___ by and between the City of Clearwater,
Florida, a municipal corporation, hereinafter designated as the "City", and R. E. PURCELL CONSTRUCTION CO., INC., of the City of LARGO County of PINELLAS and State of Florida, hereinafter
designated as the "Contractor". WITNESSETH: That the parties to this contract each in consideration of the undertakings, promises and agreements on the part of the other herein contained,
do hereby undertake, promise and agree as follows: The Contractor, and his or its successors, assigns, executors or administrators, in consideration of the sums of money as herein after
set forth to be paid by the City and to the Contractor, shall and will at their own cost and expense perform all labor, furnish all materials, tools and equipment for the following:
2011 STREET RESURFACING PROJECT 11-0024-EN IN THE AMOUNT OF ONE MILLION THREE HUNDRED EIGHTY SIX THOUSAND TWENTY NINE DOLLARS AND SIXTY-TWO CENTS ($1,386,029.62) In accordance with such
proposal and technical supplemental specifications and such other special provisions and drawings, if any, which will be submitted by the City, together with any advertisement, instructions
to bidders, general conditions, proposal and bond, which may be hereto attached, and any drawings if any, which may be herein referred to, are hereby made a part of this contract, and
all of said work to be performed and completed by the contractor and its successors and assigns shall be fully completed in a good and workmanlike manner to the satisfaction of the City.
If the Contractor should fail to comply with any of the terms, conditions, provisions or stipulations as contained herein within the time specified for completion of the work to be performed
by the Contractor, then the City, may at its option, avail itself of any or all remedies provided on its behalf and shall have the right to proceed to complete such work as Contractor
is obligated to perform in accordance with the provisions as contained herein. THE CONTRACTOR AND HIS OR ITS SUCCESSORS AND ASSIGNS DOES HEREBY AGREE TO ASSUME THE DEFENSE OF ANY LEGAL
ACTION WHICH MAY BE BROUGHT AGAINST THE CITY AS A RESULT OF THE CONTRACTOR'S ACTIVITIES ARISING OUT OF THIS CONTRACT AND FURTHERMORE, IN CONSIDERATION OF THE TERMS, STIPULATIONS AND
CONDITIONS AS CONTAINED HEREIN, AGREES TO HOLD THE CITY FREE AND HARMLESS FROM ANY AND ALL CLAIMS FOR DAMAGES, COSTS OF SUITS, JUDGMENTS OR DECREES RESULTING FROM ANY CLAIMS MADE UNDER
THIS CONTRACT AGAINST THE CITY OR THE CONTRACTOR OR THE CONTRACTOR'S SUB-CONTRACTORS, AGENTS, SERVANTS OR EMPLOYEES RESULTING FROM ACTIVITIES BY THE AFOREMENTIONED CONTRACTOR, SUB-CONTRACTOR,
AGENT SERVANTS OR EMPLOYEES. Attachment number 2 Page 4 of 15 Item # 10
PDFConvert.15734.1.Contract_for_signature.doc Page 4 of 14 9/27/2010 CONTRACT (2) In addition to the foregoing provisions, the Contractor agrees to conform to the following requirements:
In connection with the performance of work under this contract, the Contractor agrees not to discriminate against any employee or applicant for employment because of race, sex, religion,
color, or national origin. The aforesaid provision shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising;
lay-off or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post hereafter in conspicuous places,
available for employees or applicants for employment, notices to be provided by the contracting officer setting forth the provisions of the non-discrimination clause. The Contractor
further agrees to insert the foregoing provisions in all contracts hereunder, including contracts or agreements with labor unions and/or worker's representatives, except sub-contractors
for standard commercial supplies or raw materials. It is mutually agreed between the parties hereto that time is of the essence of this contract, and in the event that the work to be
performed by the Contractor is not completed within the time stipulated herein, it is then further agreed that the City may deduct from such sums or compensation as may be due to the
Contractor the sum of $1,000.00 per day for each day that the work to be performed by the Contractor remains incomplete beyond the time limit specified herein, which sum of $1,000.00
per day shall only and solely represent damages which the City has sustained by reason of the failure of the Contractor to complete the work within the time stipulated, it being further
agreed that this sum is not to be construed as a penalty but is only to be construed as liquidated damages for failure of the Contractor to complete and perform all work within the time
period as specified in this contract. It is further mutually agreed between the City and the Contractor that if, any time after the execution of this contract and the surety bond which
is attached hereto for the faithful performance of the terms and conditions as contained herein by the Contractor, that the City shall at any time deem the surety or sureties upon such
performance bond to be unsatisfactory or if, for any reason, the said bond ceases to be adequate in amount to cover the performance of the work the Contractor shall, at his or its own
expense, within ten (10) days after receipt of written notice from the City to do so, furnish an additional bond or bonds in such term and amounts and with such surety or sureties as
shall be satisfactory to the City. If such an event occurs, no further payment shall be made to the Contractor under the terms and provisions of this contract until such new or additional
security bond guaranteeing the faithful performance of the work under the terms hereof shall be completed and furnished to the City in a form satisfactory to it. Attachment number 2
Page 5 of 15 Item # 10
PDFConvert.15734.1.Contract_for_signature.doc Page 5 of 14 9/27/2010 CONTRACT (3) IN WITNESS WHEREOF, the parties to the agreement have hereunto set their hands and seals and have executed
this Agreement, in duplicate, the day and year first above written. CITY OF CLEARWATER IN PINELLAS COUNTY, FLORIDA By:_______________________________ (Seal) William B. Horne, II City
Manager Attest: Countersigned: ________________________ Rosemarie Call City Clerk By:_______________________________ Approved as to form: Frank Hibbard, Mayor-Councilmember _______________________
Camilo Soto Assistant City Attorney (Contractor must indicate whether Corporation, Partnership, Company or Individual.) _______________________ _______________________ (Contractor) By:
(SEAL) (The person signing shall, in his own handwriting, sign the Principal's name, his own name, and his title; where the person is signing for a Corporation, he must, by Affidavit,
show his authority to bind the Corporation). Attachment number 2 Page 6 of 15 Item # 10
PDFConvert.15734.1.Contract_for_signature.doc Page 6 of 14 9/27/2010 CONTRACTOR'S AFFIDAVIT FOR FINAL PAYMENT (CORPORATION FORM) STATE OF FLORIDA COUNTY OF PINELLAS On this day personally
appeared before me, the undersigned authority, duly authorized to administer oaths and take acknowledgments, , who after being duly sworn, deposes and says: That he is the (TITLE) of
, a Florida Corporation, with its principal place of business located at (herein, the "Contractor"). That the Contractor was the general contractor under a contract executed on the day
of , 20___ with the CITY OF CLEARWATER, FLORIDA, a municipal corporation, as Owner, and that the Contractor was to perform the construction of: 2011 STREET RESURFACING PROJECT 11-0024-EN
That said work has now been completed and the Contractor has paid and discharged all subcontractors, laborers and material men in connection with said work and there are no liens outstanding
of any nature nor any debts or obligations that might become a lien or encumbrance in connection with said work against the described property. That he is making this affidavit pursuant
to the requirements of Chapter 713, Florida Statutes, and upon consideration of the payment of (Final Full Amount of Contract) in full satisfaction and discharge of said contract. That
the Owner is hereby released from any claim which might arise out of said Contract. The word "liens" as used in this affidavit shall mean any and all arising under the operation of the
Florida Mechanic's Lien Law as set forth in Chapter 713, Florida Statutes. Sworn and subscribed to before me __________________________ AFFIANT This day of , 20 . BY:_______________________
__________________________________ NOTARY PUBLIC _________________________ My Commission Expires: PRESIDENT Attachment number 2 Page 7 of 15 Item # 10
PDFConvert.15734.1.Contract_for_signature.doc Page 7 of 14 9/27/2010 PROPOSAL BOND (Not to be filled out if a certified check is submitted) KNOWN ALL MEN BY THESE PRESENTS: That we,
the undersigned, ______________________________________ as Principal, and _____________________________ ______________________________ as Surety, who’s address is , are held and firmly
bound unto the City of Clearwater, Florida, in the sum of ____________ _______________________________ Dollars ($ ) (being a minimum of 10% of Contractor's total bid amount) for the
payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns. The condition of the above
obligation is such that if the attached Proposal of ____________________ _____________________________ as Principal, and ____________________________________ as Surety, for work specified
as: 2011 STREET RESURFACING PROJECT 11-0024-EN all as stipulated in said Proposal, by doing all work incidental thereto, in accordance with the plans and specifications provided herefor,
all within Pinellas County, is accepted and the contract awarded to the above named bidder, and the said bidder shall within ten days after notice of said award enter into a contract,
in writing, and furnish the required Performance Bond with surety or sureties to be approved by the City Manager, this obligation shall be void, otherwise the same shall be in full force
and virtue by law and the full amount of this Proposal Bond will be paid to the City as stipulated or liquidated damages. Signed this ______ day of ____________________, 20____. (Principal
must indicate whether __________________________ corporation, partnership, company or individual) __________________________ Principal The person signing shall, in his own handwriting,
sign the Principal's By:________________________ name, his own name and his title; Title the person signing for a corporation must, by affidavit, show his authority __________________________
to bind the corporation. __________________________ Surety Attachment number 2 Page 8 of 15 Item # 10
PDFConvert.15734.1.Contract_for_signature.doc Page 8 of 14 9/27/2010 AFFIDAVIT (To be filled in and executed if the bidder is a corporation) STATE OF FLORIDA ) COUNTY OF _________________)
______________________________________ being duly sworn, deposes and says that he/she is Secretary of _______________________________________________________________________ a corporation
organized and existing under and by virtue of the laws of the State of Florida, and having its principal office at: __________________________________________________________________________________
Street & Number City County State Affiant further says that he is familiar with the records, minute books and by-laws of ______________________________________________________________________________
____ . (Name of Corporation) Affiant further says that _____________________________ is _______________________________ (Officer's Name) (Title) of the corporation, is duly authorized
to sign the Proposal for _________________________________ for said corporation by virtue of ________________________________________________________ (state whether a provision of by
laws or a Resolution of the Board of ____________________________________ Directors. If by Resolution give date of adoption). ________________________________ Affiant Sworn to before
me this ______ day of ______________________, 20____. ________________________________ Notary Public ________________________________ Type/print/stamp name of Notary ________________________________
Title or rank, and Serial No., if any Attachment number 2 Page 9 of 15 Item # 10
PDFConvert.15734.1.Contract_for_signature.doc Page 9 of 14 9/27/2010 NON-COLLUSION AFFIDAVIT STATE OF FLORIDA ) COUNTY OF _______________) _________________________________________ being,
first duly sworn, deposes and says that he is _________________________________ of _____________________________________________, the party making the foregoing Proposal or Bid; that
such Bid is genuine and not collusive or sham: that said bidder is not financially interested in or otherwise affiliated in a business way with any other bidder on the same contract;
that said bidder has not colluded, conspired, connived, or agreed, directly or indirectly, with any bidders or person, to put in a sham bid or that such other person shall refrain from
bidding, and has not in any manner, directly or indirectly, sought by agreement or collusion, or communication or conference, with any person, to fix the bid price or affiant or any
other bidder, or to fix any overhead, profit or cost element of said bid price, or that of any other bidder, or to secure any advantage against the City of Clearwater, Florida, or any
person or persons interested in the proposed contract; and that all statements contained in said proposal or bid are true; and further, that such bidder has not directly or indirectly
submitted this bid, or the contents thereof, or divulged information or data relative thereto to any association or to any member or agent thereof. __________________________ Affiant
Sworn to and subscribed before me this _____ day of _______________________, 20____. __________________________ Notary Public Attachment number 2 Page 10 of 15 Item # 10
PDFConvert.15734.1.Contract_for_signature.doc Page 10 of 14 9/27/2010 PROPOSAL (1) TO THE CITY OF CLEARWATER, FLORIDA, for 2011 STREET RESURFACING PROJECT 11-0024-EN and doing such other
work incidental thereto, all in accordance with the contract documents, marked 2011 STREET RESURFACING PROJECT 11-0024-EN Every bidder must take notice of the fact that even though his
proposal be accepted and the documents signed by the bidder to whom an award is made and by those officials authorized to do so on behalf of the City of Clearwater, Florida, that no
such award or signing shall be considered a binding contract without a certificate from the Finance Director that funds are available to cover the cost of the work to be done, or without
the approval of the City Attorney as to the form and legality of the contract and all the pertinent documents relating thereto having been approved by said City Attorney; and such bidder
is hereby charged with this notice. The signer of the Proposal, as bidder, also declares that the only person, persons, company or parties interested in this Proposal, are named in this
Proposal, that he has carefully examined the Advertisement, Instructions to Bidders, Contract Specifications, Plans, Supplemental Specifications, General Conditions, Special Provisions,
and Contract Bond, that he or his representative has made such investigation as is necessary to determine the character and extent of the work and he proposes and agrees that if the
Proposal be accepted, he will contract with the City of Clearwater, Florida, in the form of contract; hereto annexed, to provide the necessary labor, materials, machinery, equipment,
tools or apparatus, do all the work required to complete the contract within the time mentioned in the General Conditions and according to the requirements of the City of Clearwater,
Florida, as herein and hereinafter set forth, and furnish the required surety bonds for the following prices to wit: Attachment number 2 Page 11 of 15 Item # 10
PDFConvert.15734.1.Contract_for_signature.doc Page 11 of 14 9/27/2010 PROPOSAL (2) If the foregoing Proposal shall be accepted by the City of Clearwater, Florida, and the undersigned
shall fail to execute a satisfactory contract as stated in the Advertisement herein attached, then the City may, at its option determine that the undersigned has abandoned the contract,
and thereupon this Proposal shall be null and void, and the certified check or bond accompanying this Proposal, shall be forfeited to become the property of the City of Clearwater, Florida,
and the full amount of said check shall be retained by the City, or if the Proposal Bond be given, the full amount of such bond shall be paid to the City as stipulated or liquidated
damages; otherwise, the bond or certified check accompanying this Proposal, or the amount of said check, shall be returned to the undersigned as specified herein. Attached hereto is
a bond or certified check on ____________________________________________ ______________________________________ Bank, for the sum of __________________________ ______________________________________
________________________ ($ ) (being a minimum of 10% of Contractor's total bid amount). The full names and residences of all persons and parties interested in the foregoing bid are
as follows: (If corporation, give the names and addresses of the President and Secretary. If firm or partnership, the names and addresses of the members or partners. The Bidder shall
list not only his name but also the name of any person with whom bidder has any type of agreement whereby such person's improvements, enrichment, employment or possible benefit, whether
sub-contractor, materialman, agent, supplier, or employer is contingent upon the award of the contract to the bidder). NAMES: ADDRESSES: ______________________________________________________________
____________________ __________________________________________________________________________________ __________________________________________________________________________________
__________________________________________________________________________________ Signature of Bidder: ____________________________ (The bidder must indicate whether Corporation, Partnership,
Company or Individual). Attachment number 2 Page 12 of 15 Item # 10
PDFConvert.15734.1.Contract_for_signature.doc Page 12 of 14 9/27/2010 PROPOSAL (3) The person signing shall, in his own handwriting, sign the Principal's name, his own name and his title.
Where the person signing for a corporation is other than the President or Vice-President, he must, by affidavit, show his authority, to bind the corporation. Principal: ______________________________
_________________________________________ By: ___________________________________ Title: _______________________________ Business Address of Bidder: __________________________________________________
_____ City and State: __________________________________________ Zip Code _______________ Dated at __________________________, this _______ day of __________________, A.D., 20___. Attachment
number 2 Page 13 of 15 Item # 10
PDFConvert.15734.1.Contract_for_signature.doc Page 13 of 14 9/27/2010 CITY OF CLEARWATER ADDENDUM SHEET PROJECT: 2011 STREET RESURFACING PROJECT 11-0024-EN Acknowledgment is hereby made
of the following addenda received since issuance of Plans and Specifications. Addendum No. _____ Date: _____________ Addendum No. _____ Date: _____________ Addendum No. _____ Date: _____________
Addendum No. _____ Date: _____________ Addendum No. _____ Date: _____________ Addendum No. _____ Date: _____________ Addendum No. _____ Date: _____________ Addendum No. _____ Date: _____________
Addendum No. _____ Date: _____________ Addendum No. _____ Date: _____________ Addendum No. _____ Date: _____________ __________________________________ (Name of Bidder) ______________________________
____ (Signature of Officer) __________________________________ (Title of Officer) __________________________________ (Date) Attachment number 2 Page 14 of 15 Item # 10
PDFConvert.15734.1.Contract_for_signature.doc Page 14 of 14 9/27/2010 BIDDER’S PROPOSAL PROJECT: 2011 STREET RESURFACING PROJECT 11-0024-EN ___________________________________________________________
______________________ CONTRACTOR:__________________________________________________________________ BIDDER'S GRAND TOTAL $_______________________________________________ (Numbers) BIDDER'S
GRAND TOTAL ________________________________________________________ __________________________________________________________________________________ _______________________________________________
____________________________ (Words) THE BIDDER'S GRAND TOTAL ABOVE IS HIS TOTAL BID BASED ON HIS UNIT PRICES AND LUMP SUM PRICES AND THE ESTIMATED QUANTITIES REQUIRED FOR EACH SECTION.
THIS FIGURE IS FOR INFORMATION ONLY AT THE TIME OF OPENING BIDS. THE CITY WILL MAKE THE TABULATION FROM THE UNIT PRICES AND LUMP SUM PRICE BID. IF THERE IS AN ERROR IN THE TOTAL BY THE
BIDDER, IT SHALL BE CHANGED AS ONLY THE UNIT PRICES AND LUMP SUM PRICE SHALL GOVERN. Insert Bid Tab Table Here Attachment number 2 Page 15 of 15 Item # 10
Work Session Council Chambers -City Hall Meeting Date:11/28/2011 SUBJECT /RECOMMENDATION: Ratify and confirm emergency repair in the amount of $206,551.50, completed by Keystone Excavators,
for the concrete stormwater conveyance channel just south of Sharkey Road. (consent) SUMMARY: On October 10, 2011, it was discovered that stormwater runoff had undercut a reinforced
concrete channel resulting in collapse of the channel bottom. The channel failure and subsequent erosion exposed an 8-inch diameter sanitary sewer line and an 8-inch diameter potable
water line. Additional erosion could have resulted in failure of either of these two pipelines. As this presented an emergency, Keystone Excavators, who has successfully completed similar
work for the City, was contacted and engineering staff and Keystone devised a plan to repair the channel and protect the utility lines. This work was completed on November 7, 2011. Sufficient
funding is available in Capital Improvement Program project 0315-96124, Storm Pipe System Improvements. Type: Capital expenditure Current Year Budget?: Yes Budget Adjustment: No Budget
Adjustment Comments: See summary Current Year Cost: $206,551.50 Annual Operating Cost: Not to Exceed: $206,551.50 Total Cost: $206,551.50 For Fiscal Year: 2011 to 2012 Appropriation
Code Amount Appropriation Comment 0315-96124-563700-539-000-0000 $206,551.50 See summary Review Approval: 1) Engineering 2) Financial Services 3) Office of Management and Budget 4) Legal
5) Clerk 6) Assistant City Manager 7) City Manager 8) Clerk Cover Memo Item # 11
Attachment number 1 Page 1 of 1 Item # 11
Attachment number 2 Page 1 of 1 Item # 11
Attachment number 3 Page 1 of 1 Item # 11
Work Session Council Chambers -City Hall Meeting Date:11/28/2011 SUBJECT /RECOMMENDATION: Award a contract renewal (blanket purchase order) to Pinellas County Solid Waste in the amount
of $180,000 for the disposal of solid waste at the Pinellas County waste to energy plant/landfill for the period January 1, 2012 through December 31, 2012, 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/landfill in the county. The NPDES permit that the Stormwater Division operates under requires the disposal of all debris generated from
the street sweepers, vaccon operation and ditch/catch basin cleaning to a landfill disposal site. Pinellas County has kept their rate at $37.50 per ton for over 13 years. Sufficient
budget is available in the Stormwater Utility Fund operating cost center 0419-02090-543500-539-000-0000 to fund the current year cost of this contract. Type: Operating Expenditure Current
Year Budget?: Yes Budget Adjustment: None Budget Adjustment Comments: Current Year Cost: $180,000.00 Annual Operating Cost: $180,000.00 Not to Exceed: $180,000.00 Total Cost: $180,000.00
For Fiscal Year: 2012 to 2013 Appropriation Code Amount Appropriation Comment 0419-02090-543500-539-000-0000 180,000.00 Dump Fees Bid Required?: No Bid Number: Other Bid /Contract: Bid
Exceptions: Other Review Approval: 1) Financial Services 2) Office of Management and Budget 3) Legal 4) Clerk 5) Assistant City Manager 6) City Manager 7) Clerk Cover Memo Item # 12
Work Session Council Chambers -City Hall Meeting Date:11/28/2011 SUBJECT /RECOMMENDATION: Provide direction on amendments to the Community Development Code regarding artificial turf
(TA2011-09001). (WSO) SUMMARY: The city’s Community Development Code Section 3-1502, Property Maintenance Requirements for Yards and Landscape Areas, currently requires that the portion
of lots not covered by a building or structure be “landscaped with grass or other appropriate ground cover” and that “all landscape materials … be maintained in a healthy live condition.”
At the July 21, 2011 City Council Meeting, Council directed the Planning and Development Department Staff to examine the use of synthetic grass or artificial turf in place of landscaping
consisting of natural plant material and to create standards for the installation and maintenance of artificial turf. Council also directed staff to meet with the Environmental Advisory
Board (EAB) and the Clearwater Neighborhoods Coalition (CNC) for their feedback. Staff met with the EAB on September 21, 2011 to discuss completed research on the environmental aspects
of artificial turf and an evaluation of existing codes in Florida and across the United States. Staff met with the EAB a second time on October 12, 2011, at which time a draft ordinance
was reviewed. The EAB recommended adoption of the proposed ordinance as presented at the meeting with three changes: 1) permitting process and requirements for artificial turf should
be similar to those for other impervious surface; 2) artificial turf should be prohibited on Sand Key, Clearwater Beach, and Island Estates; 3) crumb rubber infill for artificial turf
should only be permitted on playgrounds and athletic fields. Staff addressed items one and three in the proposed ordinance, but did not incorporate a prohibition of artificial turf on
Sand Key, Clearwater Beach, and Island Estates, because staff believes that the ordinance should apply citywide and no one neighborhood should be exempt. This information was presented
to the CNC at its November 7, 2011 meeting, and the CNC voted to support the ordinance as presented at the meeting. The ordinance contains the following key provisions: l Differentiates
between natural turf and artificial turf, and provides definitions of each. l Establishes a new subsection for Artificial Turf (Section 3-1203) which includes the following: -Requires
a permit be approved in advance of any installation, to be reviewed by city staff. l Creates minimum standards within Section 3-1203 including: ¡ Green lifelike blades with a minimum
pile height and density for all installations other than those used in recreational facilities, which would have to comply with different but appropriate standards; ¡ Prohibition of
rubber infill material except for within recreational installations. Further prohibits the use of rubber infill at all, even in recreational uses, on Sand Key, Clearwater Beach, and
Island Estates; ¡ Prohibition of indoor/outdoor carpeting like that which is generically referred to as “astro turf.” l Establishes installation and maintenance requirements within Section
3-1203 including: ¡ Artificial turf would be considered impervious by the city. The amount of artificial turf allowed would be limited by the established Impervious Surface Ratio (ISR)
for a zoning district; ¡ Seams must be nailed and glued, and nothing can be directly attached to a seawall; ¡ Artificial turf must be installed to provide proper drainage so no pooling
or flooding would occur, and may not be installed in permanent drainage features such as ponds; ¡ The city’s arborist would have the ability to limit installations in areas where it
could affect the health of a tree, and any installations would be reviewed to prevent damage to tree roots. l Amends the Property Maintenance Requirements Section 3-1502 as follows:
¡ Modifies Section 3-1502.H.3 to allow artificial turf, but maintains requirement that all other shrubs and trees still be “live”; Cover Memo Item # 13
¡ Establishes maintenance requirements to ensure installed artificial turf remains green, free of dirt, stains, odors, weeds, debris, tears, holes, impressions. l Amends Appendix A Schedule
of Fees, Rates and Charges to establish a permit fee for artificial turf. It is requested that City Council provide direction to staff regarding Ordinance 8302-12. Review Approval: 1)
Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk Cover Memo Item # 13
Ordinance No. 8302-12 ORDINANCE NO. 8302-12 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA MAKING AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE ARTICLE 3, DEVELOPMENT STANDARDS, SECTIONS
3-1201, 3-1202, 3-1203, AND 3-1205 TO ESTABLISH MINIMUM STANDARDS FOR ARTIFICIAL TURF USED IN LANDSCAPED AREAS AND RENUMBERING SECTIONS ACCORDINGLY; BY AMENDING ARTICLE 3, DEVELOPMENT
STANDARDS, SECTION 3-1502.H., TO PROVIDE MAINTENANCE REQUIREMENTS FOR ARTIFICIAL TURF; AMENDING ARTICLE 8, DEFINITIONS AND RULES OF CONSTRUCTION, SECTION 8-102, DEFINITIONS, BY PROVIDING
A DEFINITION FOR ARTIFICIAL TURF, BY REVISING THE DEFINITION FOR IMPERVIOUS TO INCLUDE ARTIFICIAL TURF, BY REVISING THE DEFINITION FOR LANDSCAPING, AND BY PROVIDING A DEFINITION FOR
NATURAL TURF; AMENDING APPENDIX A, SECTION VIII, LAND DEVELOPMENT, TO ADD A PERMIT FEE FOR ARTIFICIAL TURF; CERTIFYING CONSISTENCY WITH THE CITY’S COMPREHENSIVE PLAN AND PROPER ADVERTISEMENT;
PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater adopted a new Community Development Code on January 21, 1999 which was effective on March
8, 1999, and WHEREAS, the City of Clearwater desires for the Community Development Code to function effectively and equitably throughout the City, and WHEREAS, due to concerns for excess
water consumption, the use of artificial turf has become more commonplace, WHEREAS, the City of Clearwater desires to ensure that artificial turf meets minimum material, installation
and maintenance standards, WHEREAS, the City of Clearwater has determined where the Community Development Code needs clarification and revision, now therefore, BE IT ORDAINED BY THE
CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Article 3, Development Standards, Division 12, Landscaping/Tree Protection, of the Community Development code is hereby amended
as follows: DIVISION 12. LANDSCAPING/TREE PROTECTION/ARTIFICIAL TURF Section 3-1201. Purpose. It is the purpose of this division to establish minimum landscaping/tree protection standards
in order to promote the preservation of existing tree canopies, to promote the expansion of that canopy and to promote the enhancement of the quality of existing and future development
in the city. This section also establishes parameters for the use of artificial turf in landscaped areas. Attachment number 1 Page 1 of 7 Item # 13
Ordinance No. 8302-12 Section 3-1202. -General landscaping standards. * * * * * * * * * * B. Plant material specifications. Except as provided in subsection (6) below, plant materials
which are utilized to satisfy the landscaping required by this development code shall comply with the following minimum standards: 1. Minimum plant material standards: PLANT SIZE (at
installation) QUALITY OTHER REQUIREMENTS Shade Tree 10' height 2.5" caliper Florida Grade #1 a. Use of live oak (City tree) is encouraged, however species diversity is preferred over
monoculture. b. Must be planted a minimum of five feet from any impervious area. c. At least ten percent of the total number of trees shall be of a species which exhibits conspicuous
flowering. Accent Tree 8' height 2" caliper Florida Grade #1 2 accent trees = 1 shade tree; unless overhead lines are unavoidable; no more than 25% of required trees may be accent trees.
Palm Tree 10' clear trunk Florida Grade #1 Can be used to satisfy 75% of tree requirements on Beach, Sand Key & Island Estates, 25% elsewhere in the City. Staggered clusters of 3 palm
trees = 1 shade tree, except for specimen palm trees such as: phoenix canariensis (canary island date palm), phoenix dactylifera (edible date palm) and phoenix reclinata (senegal date
palm), which count as shade trees on a 1:1 ratio. Shrubs A.) 18—24" in height when used in a perimeter buffer -planted every 36", (measured from the center of the shrub) providing a
100% continuous hedge which will be 36", high and 80% opaque 12 months from the time a certificate of occupancy is received (excluding drives and visibility triangles where applicable)
B.) 14—24" in height when used for interior -planted every 30"— 36", respectively (measured from Florida Grade #1 Attachment number 1 Page 2 of 7 Item # 13
Ordinance No. 8302-12 * * * * * * * * * * Section 3-1203. – Artificial Turf. A. The use of artificial turf is permitted subject to obtaining a Level One approval in accordance with the
provisions of Article 4, Division 3, and meeting and maintaining compliance with the provisions of this subsection. Where a provision contained in Article 2 allows or requires landscaping
or landscape material, artificial turf may be substituted for such landscaping or landscape material provided that it meets all requirements of Articles 3 and 4. B. Minimum material
standards. All artificial turf shall comply with the following minimum standards: 1. Artificial turf shall consist of green lifelike individual blades of grass that emulate natural turf
in look and color and shall have a minimum pile height of 1.5 inches and shall have a minimum tufted weight of 56 ounces per square yard. 2. Where artificial turf is utilized for institutional
recreational uses (e.g., playgrounds, athletic fields), the artificial turf product installed shall be designed for the intended use and meet the appropriate standards. 3. The use of
rubber infill material shall be prohibited except where artificial turf is utilized for institutional recreational uses (e.g., playgrounds, athletic fields) located only on the mainland
(non-barrier-island) areas of the city. 4. All artificial turf shall have a minimum eight year manufacturer’s warranty that protects against color fading and a decrease in pile height.
5. Artificial turf shall be lead free. 6. All materials submitted for approval must be accompanied by test documentation which declares that the artificial turf yarn and backing materials
are disposable under normal conditions, at any US landfill station (Total Content Leach Protocol (TCLP) test). 7. The use of indoor or outdoor plastic or nylon carpeting as a replacement
of synthetic turf or natural turf shall be prohibited. C. Installation and maintenance. 1. Artificial turf shall be treated as impervious. The quantity of artificial turf to be incorporated
into the landscaping of a project shall be limited by the impervious surface ratio (ISR) for the subject property within the applicable zoning district. the center of the shrub) with
a 3 gallon minimum Ground Cover 1 gallon minimum -planted a maximum of 24" O.C. Florida Grade #1 Encouraged in lieu of natural turf to reduce irrigation needs. Natural Turf N/A Drought
tolerant varieties Natural tTurf areas should be consolidated and limited to areas of pedestrian traffic, recreation and erosion control. Attachment number 1 Page 3 of 7 Item # 13
Ordinance No. 8302-12 2. All seams shall be nailed and glued, not sewn, and edges shall be trimmed to fit against all regular and irregular edges to resemble a natural look. 3. If artificial
turf is planned to be installed immediately adjacent to a seawall, the artificial turf shall be pinned or staked behind the seawall. No artificial turf or installation mechanism shall
be attached directly to or placed on a seawall or seawall cap. 4. Proper drainage shall be provided for all artificial turf installations to prevent excess runoff or pooling of water.
5. Artificial turf shall be visually level with the grain pointing in a single direction. 6. An appropriate solid barrier device (e.g., concrete mow strip, bender board) is required
to separate artificial turf from soil and live vegetation. 7. If artificial turf is to be installed in the city right-of-way, a separate right-of-way permit must be obtained prior to
commencing work. If maintenance is required on the city right-of-way, or utility easement, it shall be the responsibility of the property owner to remove, replace and repair, at the
owner’s expense, any artificial turf that has been placed in the right-of-way or utility easement. 8. In no case shall artificial turf be installed within permanent drainage features
(e.g., ponds, swales). 9. Precautions for installation around existing trees shall be monitored and may be restricted to ensure tree roots are not damaged with the installation of the
base material and that the overall health of the tree will not be compromised. Section 3-12043. – Scenic Corridors. * * * * * * * * * * Section 3-12054. -Installation and maintenance.
A. All required landscaping shall be installed in accordance with an approved landscape plan, including all specified conditions to a particular development approval, and inspected prior
to the issuance of a certificate of occupancy or certificate of completion. In the event there are any changes to the approved landscape plan, such changes must be reviewed and approved
and noted on the plan prior to notification for the final inspection for a certificate of occupancy. B. All landscaped areas must be covered with shrubs, ground cover, natural turf,
three inches of organic mulch, artificial turf (where permissible), or other suitable material which permits percolation. Where mulch is used, it must be protected from washing out of
the planting bed. Inorganic mulch, such as gravel or rock, should only be used where washouts occur. Plastic sheets shall not be installed under mulches. Artificial turf shall be installed
according to the standards in Section 3-1203. * * * * * * * * * * Attachment number 1 Page 4 of 7 Item # 13
Ordinance No. 8302-12 Section 2. Article 3, Development Standards, Division 15, Property Maintenance Standards, of the Community Development code is hereby amended as follows: Section
3-1502. -Property maintenance requirements. * * * * * * * * * * H. Yards, and landscape areas, and artificial turf areas. 1. All required landscaping materials shall be maintained in
accordance with the provisions of Article 3, Division 12. 2. Any portion of a lot not covered by a building or structure or otherwise devoted to parking, a service drive or a walkway
shall be landscaped with grass or other appropriate ground cover and shall be maintained in a neat and orderly manner. 3. All Llandscape materials, including natural turf, shrubs, and
trees, excluding artificial turf, whether required or optional, shall be maintained in a healthy live condition so as to present a neat and attractive appearance and so as to discourage
the accumulation of trash or debris and/or infestation by pests. 4. Artificial turf shall be maintained by the property owner in a green fadeless condition and shall be maintained free
of dirt, sand, stains, odors, weeds, debris, tears, holes, and impressions. Artificial turf must be replaced if it falls into disrepair with fading or holes or loose areas. Repaired
artificial turf areas shall be performed with like for like materials from the same manufacturer and done in a manner that results in a repair that blends in with the existing artificial
turf. In the event that a like material cannot be obtained, then the most similar material which still meets installation standards may be used; however evidence that supports the unavailability
of a like material from the same manufacturer must be provided. 54. No yard, landscape area or, growth of landscape material, or artificial turf area shall encroach upon the public right-of-way
so as to hinder safe and convenient vehicular or pedestrian movement in the public right-of-way. 65. No yard shall be used for dumping or accumulation of any garbage, rubbish, dead animals,
trash, waste vegetable or animal matter of any kind or construction debris. * * * * * * * * * * Section 3. Article 8, Definitions and Rules of Construction, Section 8-102, Definitions,
of the Community Development code is hereby amended as follows: Section 8-102. – Definitions. * * * * * * * * * * Artificial turf means an artificial product manufactured from synthetic
materials that effectively simulate the appearance of live/natural turf, grass, sod, or lawn. * * * * * * * * * * Attachment number 1 Page 5 of 7 Item # 13
Ordinance No. 8302-12 Impervious means surface which has been compacted or covered with a layer of material so that it is highly resistant to infiltration by water, including surfaces
such as artificial turf, compacted sand, limerock, shell or clay, as well as most conventionally surfaced streets, roofs, sidewalks, parking lots and other similar structures. * * *
* * * * * * * Landscaping means grasses, natural turf, ground covers, vines, shrubs, trees and inanimate durable material such as organic mulches and artificial turf. * * * * * * * *
* * Natural turf means a piece of grass-covered soil held together by the roots of the live grass. * * * * * * * * * * Section 4. Appendix A, VIII Land Development, (1) Level One, Community
Development Code, is hereby amended to add subsection (m), to read as follows: (m) Artificial turf permit…………………………………………………………………..…75.00. Section 5. Amendments to the Community Development
Code of the City of Clearwater (as originally adopted by Ordinance No. 6348-99 and subsequently amended) are hereby adopted to read as set forth in this Ordinance. Section 6. The City
of Clearwater does hereby certify that the amendments contained herein, as well as the provisions of this Ordinance, are consistent with and in conformance with the City’s Comprehensive
Plan. Section 7. Should any part or provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the Ordinance
as a whole, or any part thereof other than the part declared to be invalid. Section 8. Notice of the proposed enactment of this Ordinance has been properly advertised in a newspaper
of general circulation in accordance with applicable law. Section 9. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING ____________________________
PASSED ON SECOND AND FINAL ____________________________ READING AND ADOPTED ____________________________ Frank V. Hibbard Mayor Attachment number 1 Page 6 of 7 Item # 13
Ordinance No. 8302-12 Approved as to form: Attest: ____________________________ ____________________________ Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk
Attachment number 1 Page 7 of 7 Item # 13
Work Session Council Chambers -City Hall Meeting Date:11/28/2011 SUBJECT /RECOMMENDATION: Appoint one member to the Library Board with term to expire February 28, 2015. SUMMARY: APPOINTMENT
WORKSHEET BOARD: Library Board TERM: 4 years APPOINTED BY: City Council FINANCIAL DISCLOSURE: Not Required STAFF LIAISON: Library Director RESIDENCY REQUIREMENT: City of Clearwater SPECIAL
QUALIFICATIONS: None MEMBERS: 7 CHAIRPERSON: Jan Regulski MEETING DATES: Quarterly PLACE: Main Library APPTS. NEEDED: 1 THE FOLLOWING ADVISORY BOARD MEMBER HAS A TERM WHICH EXPIRES ON
THIS BOARD AND NOW REQUIRES REPLACEMENT BY A NEW APPOINTEE: 1. Jan Regulski – 1045 Chinaberry Rd., 33764 – Original Appointment 4/03/03 (Serving 2nd term which expires 12/31/11) THE
FOLLOWING NAME(S) ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE VACANCY: 1. Barbara Blakely – 31 Island Way #104, 33767 – BS/Ed – Masters/Early Childhood Ed 2. Paul F. Brown
– 904 Druid Rd., 33756 – Supervisor/Agency for Healthcare Adm. 3. Elizabeth W. Folk – 1979 Beckett Lake Dr., 33763 – Business Analyst 4. Paul S. Zimmermann – 1474 Excaliber Dr., 33764
-Minister Zip codes of current members on board: 2 at 33756 1 at 33761 2 at 33764 2 at 33767 Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager
5) City Manager 6) Clerk Cover Memo Item # 14
CITY OF CLEARWATER -APPLICATION FOR ADVISORY BO DS t i Name: o NOV 1 6 2011 Home Add ess: 4. ice Address: 3 I J/kauti, `o DAL RECOWN A Cie-seuLda-vt3 vzip 33761 Zip Telephone: 7a 7 —4+R
-2'453 Telephone: Cell Phone: 7,27 -Co43 -( 3 31 E-mail Address: barb b I cckly yahoneconi r7 n How long a resident of Clearwater? ; 11 o-ZJ /7" Occupation: Employer: 7ri-a-Field of
Education: Other Work Experience: 1 a,d w & WtddIi, nL If retired, former occ ation 1/0 ' -, __ If. A +/i_i . ,4". ° 4. ' i -, 11 Community Activities:tnIt rotiWt_i 4 6-n>j1 kit 4eE
21k , S, 6 ozn.. J&cud a t.e,a) l d x r_' 3 cPe. c1 -P Ot er Interests:-SLa ALA( I2 tt c Board Service (current and pal: u Board Preferen : r filia.,241iAt..,.. L76 4 Al I Additional
Comments: I /Signed: IL.t _ ! A /. /; , /Date: I 1 I I 10 See attached list for boards that require i . ncial disclosure at time of appointment. Please return this application and board
questionnaire to the Official Records & Legislative Services Department, P. O. Box 4748, Clearwater, FL 33758-4748, or drop off your application at City Hall, 2nd Floor, 112 S. Osceola
Avenue. Note: For boards requiring Clearwater residency, this application must be accompanied by a copy of one of the following: Current voter registration within city limits Valid current
Florida Drivers' License issued to an address within city limits Declaration of Domicile filed with the city clerk affirming residency within city limits Attachment number 1 Page 1 of
2 Item # 14
BOARD QUESTIONNAIRE 1. What is your understanding of the board' s duties and responsibilities? ee &LLeJ i r 6 .• 1•4/4 ii, a ' 1 I1 O 11L -, _ ___ • //i 2. Have you ever observed a board
meeting either in person or on C-View, the City's TV station? 4 e' 4 0-ji:I _iL A . /i AaA !!.:,... 4___/. PAWL L ....,. ' e, 1 I 3. What background and/or qualifications do you have
that you feel would qualify you to serve on this Board? LA A .. MAA_'. I. L. .. L ' I 4 . I _/t A L. 4 1 I .1 dr, l• mar, 1 1 _,,A1 „ A 10, Li ..c o 41 A.d. Ai AdAti -1...i.1.% 1 Al.
//4 . /41 A1IL_:,. . 44 i L.‘.. 4 i.<1J 1 d 4.\ Why do you want to serve on this Board? I its. -, , •a # Ot. G 4 A .PPIWSP i t. _i _/, 4 I Name: ki ' /r : , r 4 Board Name: 1_1' ; _-.
i /, I ' I Attachment number 1 Page 2 of 2 Item # 14
1 CITY OF CLEARWATER -APPLICATION FOR ADVISORY BOA'REISCEVED Name: Paul F Brown OCT 1 1 2011 Home Address: Office Address: l.. i, .I CiAL ii.F.CuRos ANC) 904 Druid Rd 525 Mirror Lake
Dr. N LEG51ATIVi:: 7, DEPT Clearwater, FL Zip 33756 St. Petersburg, FL Zip 33701 Telephone: 727-330-6055 Telephone: 727-552-1964 Cell Phone: 727-599-5208 E-mail Address: 1i How long
a resident of Clearwater? 3 years Occupation: Supervisor Employer: Agency for Healthcare Admin Field of Education: Other Work Experience: Library and Information Science M. A. If retired,
former occupation: Community Activities: Other Interests: Board Service ( current and past): Board Preference: L i5g.4/9/ge4/2Z Additional Comments: Signed: Paul F. Brow kal lir/Date:
10/12/2011 /12/678 See attached list for boards that require financial disclosure at time of appointment. Please return this application and board questionnaire to the Official Records
& Legislative Services Department, P. 0, Box 4748, Clearwater, FL 33758-4748, or drop off your application at City Hall, 2nd Floor, 112 S. Osceola Avenue. Note: For boards requiring
Clearwater residency, this application must be accompanied by a copy of one of the following: Current voter registration within city limits Valid current Florida Drivers' License issued
to an address within city limits Declaration of Domicile filed with the city clerk affirming residency within city limits Attachment number 2 Page 1 of 2 Item # 14
BOARD QUESTIONNAIRE 1. What is your understanding of the board' s duties and responsibilities? The board serves the community in an advisory capacity. 2. Have you ever observed a board
meeting either in person or on C-View, the City's TV station? Yes 3. What background and/or qualifications do you have that you feel would qualify you to serve on this Board? I have
a Master's Degree in Library and Information Science and have studied library management and administration policies extensively. I have also advised private companies on special collection
and subscription management practices. I have a strong understanding of community need and the civic responsibility a vibrant library represents to the public it serves. 4. Why do you
want to serve on this Board? I want to share my talent and experience to the community I live in for the benefit of the public good. 4 15" 1/gyy 1\ 41 Name: Board Name: ti 6P4P/$ 812PD
Attachment number 2 Page 2 of 2 Item # 14
CITY OF CLEARWATER -APPLICATION FOR ADVISORY BOARDS Name: ELIzA8ETh W. Four Home Address: Office Address: gig gELLE-Tr-EKE FounrrciN PKwy Ctt 1P lAn=1? rt_ Zip 311t. 3 5T. Pcreuburq
, FL Zip 33-1-Iu Telephone: 1r1 -4t< -6405 Telephone: Z' i ot Cell Phone: 2 -4-t o 3L E-mail Address: e-Fr, Lk. @cor i How long a resident of Clearwater? 021 ' yeArS Occupation: Cloves
Aidaut s7-Employer: FttivILI in) TeIwrlt+t 4 TN U . Field of Education: Other Work Experience: A. I1s!-ory Act,otkn-l-tn, y If retired, former occupation: Community Activities: volun--r
, ± ) 4-sst ski d but ticl --t I -I — Loaf-d--w,1.. I3 o ovtds Other Interests: Avid K.e, d+4 Q -M,tcstc_ip Board Service ( current and past): Board Preference: LtIor-A-rti f and Additional
Comments: Signed: lLt h, u,G-dik J4", 4-6-LL Date: /5 NoU ao See attached list for boards that require financial disclosure at time of appointment. Please return this application and
board questionnaire to the Official Records & Legislative Services Department, P. O. Box 4748, Clearwater, FL 33758-4748, or drop off your application at City Hall, 2nd Floor, 112 S.
Osceola Avenue. Note: For boards requiring Clearwater residency, this application must be accompanied by a copy of one of the following: Current voter registration within city limits
Valid current Florida Drivers' License issued to an address within city limits A "' er_e;1 f°, ; Declaration of Domicile filed with the city clerk affirming residency within city limits
NOV N' 2O1 O BCLAL RECORDS ANL LEGISLATIVE S ' v'CS DEPT Attachment number 3 Page 1 of 2 Item # 14
1. What is your understanding of the board' s duties and responsibilities? I believe the advisory board provides both guidance and leadership relating to the policy and procedures within
the Clearwater Library system. Board members also act as a liaison between the Library System and the Clearwater City Council. 2. Have you ever observed a board meeting either in person
or on C-View, the City' s TV station? As a resident of Clearwater for 21 years, I have had attended numerous City Council meetings. I participated in the Citizen Academy in 2009, which
provided the opportunity to gain insight into city operations and departments. ( or whatever else it might have provided insight on) I volunteered and worked on the 2010 Census initiative
and was recently given the opportunity to attend one of the Pinellas Alternatives Analysis Systems Forums. I am very much interested in the future of mass transit in our city not only
for the benefits being connected to our surrounding cities but our neighboring counties as well. 3. What background and/or qualifications do you have that you feel would qualify you
to serve on the Board? I am a civic-minded, hard-working individual who enjoys getting involved and making a difference. I have a project management background with exceptional organizational,
analytical, and relationship building skills and have proven success working with all types of personalities and cultures. 4. Why do you want to serve on this Board? I welcome the opportunity
to take on additional challenges and responsibilities. The Board offers the opportunity to influence the future of not only the library system, but the City of Clearwater. I am a strategic
thinker and visionary with the ability to outline and implement new ideas. Attachment number 3 Page 2 of 2 Item # 14
CITY OF CLEARWATER-APPLICATION FOR ADVISORY BOARDS must be Clearwater resident) Name:Vrc. -7' 2/-140frl.. fiwifiri Home Address: Office Address: 71> i v-,eeit-& wed-rzk-Zip 33767(t Zip
357s•-Telephone: /— 77_ —Biz-9197 Telephone: /--7 -7--z—b'000 How long a resident of Clearwater? Occupation:/fi,'i 7-fri_ Employer: 125 h a ,/4u.az;sr Field of Education: Other Work
Experience: t3., r,, —, 01.41-77440 f,-1-, , ea-44nb,r44.vr 1641cx, uff: i At m !ti'e.Zue-A 6'it' .1f,U i/1/1,mIliA//1" 6R-1ke r) If retired, former occupation: Commun Activities: Vil
ge2 4-k4= .egi1,I4 i4 M06r2fi `9r#,/Other Interests:/4/f13, rre kJi' m a--drNev--e6f',/CO0/40'(c/1-not5 Board Service (current and past): Board Preference: 3igiv-ter 8o;0-4f0 Additional
Comments:/i~ Alsda‘_in Z' Gfr/Fc-'+ v/, 1'r,,' /,r/evute-Si, Date: See attac -ist for boards that require financial disclosure at time of appointment. Please return this application
and board questionnaire to the Official Records & Legislative Services Department, P. O. Box 4748, Clearwater, FL 33758-4748, or drop off your application at City Hall, 2nd Floor, 112
S. Osceola Avenue. OCT 1 1 2011 0,.ACIAL RECORDS AND LEGISLATIVE SRVCS DEPT Attachment number 4 Page 1 of 2 Item # 14
BOARD QUESTIONNAIRE 1 . What is your understanding of the board' s duties and responsibilities? 14' iimo ST/3/xQ/y6 Av%teary 403. 4as-tl 's ob172.‘ 5' S _5 off. ' T is j5 7D die, dew
. z er144f 7r/p6 6tf' 6 /" u2,, ' /-Diii* /' I.rj'i 'I-/I/-43,2'0;170 1 5i'5 -Fte-e4T-T" Owl ,66' 2. Have you ever observed a board meeting either,in person or on C-View, the City' s
TV station? 44 , /GI ST' /low,* BD, 1A'm,72/v/rs, 3. What background and/or qualifications do you have that you feel would qualify you to serve on this Board? S-4,u ! tie,/1a141-14,2-If
/rlf 1904/Cy' IIQ 4 'e#,r',a vf* i..a„ iYabb -Nlo; 5' NC• 4fi/' et/w/t-e. 4. Why do you want to serve on this Board? ir/7/6 e44.66ff 7//1t 5 , G ,‘///,* ae_wyr 494//4//7 ..77,#045',
kGi t1/, C/A-04-_Sbr/E/uy 17cob11e-, 6 r/11 5G r? moo/0% iv27--A'//i' hee. Aaq ,Sf6'1 73tedoe5e A4 /TS 1PC i9iYC TO Otte Offirlifiviref Name:-W S• Z/#17F9g014,/7/+./Board Name: //, %?
itr ILvi3o,a4,' 6,i Attachment number 4 Page 2 of 2 Item # 14
Work Session Council Chambers -City Hall Meeting Date:11/28/2011 SUBJECT /RECOMMENDATION: Reappoint Linda S. Damsky to the Sister Cities Advisory Board with term to expire December 31,
2015. (consent) SUMMARY: APPOINTMENT WORKSHEET BOARD: Sister Cities Advisory Board TERM: 4 years APPOINTED BY: Sister Cities Advisory Board FINANCIAL DISCLOSURE: Not Required RESIDENCY
REQUIREMENT: One member of the City Council MEMBERS: 6 VICE-CHAIRPERSON: Margo Walbolt MEETING DATES: Quarterly PLACE: TBD APPOINTMENTS NEEDED: 1 SPECIAL QUALIFICATIONS: Representatives
of Clearwater Sister Cities, Inc., the local business community, the School Board’s World Language Coordinator or designee, and the Clearwater Arts Foundation shall not be required to
reside within the City of Clearwater. THE FOLLOWING ADVISORY BOARD MEMBER HAS A TERM WHICH EXPIRES ON THIS BOARD AND NOW REQUIRES REAPPOINTMENT: 1. Linda S. Damsky – 212 Grove Circle
North, Dunedin, FL 34698 Original Appointment 01/15/04 (2 absences in the pat year) (Serving 2nd term which expires 12/31/11) Interest in Reappointment: Yes (World Language Coordinator)
No other applications on file. Zip codes of current members: 1 -34683 1 -34698 3 -33764 Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager
5) City Manager 6) Clerk Cover Memo Item # 15
CITY OF CLEARWATER -APPLICATION FOR ADVISORY BOARDS Name: Linda Damsky Home Address: Office Address: 212 Grove Circle North, Dunedin 34698 301 4th St. SW, Largo 33779-2942 Telephone:727-542-7336
Telephone: 727-588-6414 Cell Phone: E-mail Address:damskyl(a pcsb. orq How long a resident of Clearwater? N/A Occupation: Educator Employer: Pinellas County School System Field of Education:
Other Work Experience: TESL If retired, former occupation: Community Activities: Other Interests: Board Service ( current and past): Board Preference: Sister City Board Member Additional
Comments: igned: I A -Date: /0J J) See attached list for boards that r-: .' -_ finaI• ial disclosure at time of appointment. Please return this application and board questionnaire to
the Official Records & Legislative Services Department, P. O. Box 4748, Clearwater, FL 33758-4748, or drop off your application at City Hall, 2nd Floor, 112 S. Osceola Avenue. NOV 0
? 2011 RECORDS AND EFGR; g mr: DEPT Attachment number 1 Page 1 of 2 Item # 15
BOARD QUESTIONNAIRE 1. What is your understanding of the board' s duties and responsibilities? Facilitate dialog and make recommendations regarding the Clearwater Nagano Exchange Programs.
2. Have you ever observed a board meeting either in person or on C-View, the City' s TV station?Yes 3. What background and/or qualifications do you have that you feel would qualify you
to serve on this Board? Former Exchange Teacher 1986 District Liason for Program Trainer and Coordinator of Exchange Program Asian Studies Undergraduate Major/Asian Bilingual Education
Graduate Major 4. Why do you want to serve on this Board? Liason between School District and City of Clearwater. Name: Linda Damsky Board Name: Clearwater Nagano Sister City Attachment
number 1 Page 2 of 2 Item # 15
Work Session Council Chambers -City Hall Meeting Date:11/28/2011 SUBJECT /RECOMMENDATION: Appoint a councilmember to fill the remainder of John Doran's term on the Pinellas Planning
Council expiring December 31, 2012 and to a new two-year term on the Pinellas Planning Council with term to expire December 31, 2014. SUMMARY: Review Approval: 1) Clerk 2) Assistant
City Manager 3) City Manager 4) Clerk Cover Memo Item # 16
Work Session Council Chambers -City Hall Meeting Date:11/28/2011 SUBJECT /RECOMMENDATION: Adopt Ordinance 8283-11 on second reading, amending the Zoning Atlas of the city by rezoning
certain real property whose post office address is 1911 North Old Coachman Road from Low Medium Density Residential (LMDR) to Commercial (C). SUMMARY: Review Approval: Cover Memo Item
# 17
Ordinance No. 8283-11 ORDINANCE NO. 8283-11 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY REZONING CERTAIN PROPERTY LOCATED ON THE EAST SIDE
OF NORTH OLD COACHMAN ROAD APPROXIMATELY 180 FEET NORTH OF SUNSET POINT ROAD, CONSISTING OF THE SOUTH ½ OF LOT 15, BLOCK A, SUNSET POINT ESTATES, WHOSE POST OFFICE ADDRESS IS 1911 NORTH
OLD COACHMAN ROAD; FROM LOW MEDIUM DENSITY RESIDENTIAL (LMDR) TO COMMERCIAL (C) PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the zoning atlas of the City as set forth in this
ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER,
FLORIDA: Section 1. The following described property in Clearwater, Florida, is hereby rezoned, and the zoning atlas of the City is amended as follows: Property Zoning District The South
½ of Lot 15, Block A, From: Low Medium Density Sunset Point Estates, according to plat Residential (LMDR) Thereof recorded in Plat Book 39, Page 67 Of the Public Records of Pinellas
County, Florida To: Commercial (C) (REZ2011-07005) The map attached as Exhibit A is hereby incorporated by reference. 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 a determination by the State of Florida, as
appropriate, of compliance with the applicable requirements of the Local Government Comprehensive Planning and Land Development Regulation Act, pursuant to §163.3189, Florida Statutes.
PASSED ON FIRST READING _____________________________ PASSED ON SECOND AND FINAL _____________________________ READING AND ADOPTED ___________________________________ Frank V. Hibbard
Mayor Approved as to form: Attest: ______________________________ ___________________________________ Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Attachment
number 1 Page 1 of 1 Item # 17
Work Session Council Chambers -City Hall Meeting Date:11/28/2011 SUBJECT /RECOMMENDATION: Adopt Ordinance 8296-11 on second reading, submitting to the city electors proposed amendments
to the City Charter amending Section 7.02, General Provisions, to require the Council to appoint a Charter Review Advisory Committee every six years. SUMMARY: Review Approval: Cover
Memo Item # 18
Ordinance No. 8296-11 ORDINANCE NO. 8296-11 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, SUBMITTING TO THE CITY ELECTORS PROPOSED AMENDMENTS TO THE CITY CHARTER AMENDING SECTION
7.02, GENERAL PROVISIONS; TO REQUIRE THE COUNCIL TO APPOINT A CHARTER REVIEW ADVISORY COMMITTEE EVERY SIX YEARS; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF CLEARWATER, FLORIDA: Section 1. It is hereby proposed that Section 7.02 of the City Charter be amended as follows: Section 7.02. Charter review advisory committee. The council
shall appoint a charter review advisory committee in January 1994 2011, and at least every six five years thereafter provided the appointments are made in January of a year preceding
a city election. The charter review advisory committee shall be composed of not less than ten members. It shall review the existing charter and make recommendations to the commission
for revisions thereto. Section 2. A referendum election is hereby called and will be held on January 31, 2012, at the general city election for the consideration of the voters of the
City of Clearwater for the proposed charter amendments. The question to appear on the referendum ballot reflecting the proposed amendment to the charter at the regular municipal election
scheduled for January 31, 2012, shall be as follows: APPOINTMENT OF CHARTER REVIEW ADVISORY COMMITTEE Shall Section 7.02 of the City Charter be amended as provided in Ordinance No. 8296-11
to require the appointment of a Charter Review Advisory Committee every six years instead of every five years? YES ________ NO ________ Section 3. The City Clerk is directed to notify
the Pinellas County Supervisor of Elections that the referendum item provided above shall be considered at the election to be held on January 31, 2012. Section 4. This ordinance shall
take effect immediately upon adoption. The amendments to the City Charter provided for herein shall take effect only upon approval of a majority of the City electors voting at the referendum
election on these issues and upon the filing of the Amended Charter with the Secretary of State. Attachment number 1 Page 1 of 2 Item # 18
Ordinance 2 No. 8296-11 PASSED ON FIRST READING _____________________ PASSED ON SECOND AND FINAL _____________________ READING AND ADOPTED ___________________________ Frank V. Hibbard
Mayor Approved as to form: Attest: __________________________ ____________________________ Pamela K. Akin Rosemarie Call City Attorney City Clerk Attachment number 1 Page 2 of 2 Item
# 18
Work Session Council Chambers -City Hall Meeting Date:11/28/2011 SUBJECT /RECOMMENDATION: Ordinance 8297-11 on second reading, extending the number of consecutive terms the Mayor and
Councilmembers can serve from two to three. SUMMARY: Review Approval: Cover Memo Item # 19
Ordinance No. 8297-11 ORDINANCE NO. 8297-11 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, EXTENDING THE NUMBER OF CONSECUTIVE TERMS THE MAYOR AND COUNCILMEMBERS CAN SERVE FROM TWO
TO THREE; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. It is hereby proposed that Section 2.03 of the City Charter be
amended as follows: Section 2.03. -Election and terms. Commencing with the terms beginning in 2008, all council members, including the mayor, shall be elected for terms of four years.
Terms shall overlap, with two council members and the mayor elected one year, and the additional two council members elected two years later. Effective with the election of January 31,
2012, no No person who has, or but for resignation or forfeiture of office would have, served as a council member for two three consecutive full terms shall serve as a council member
other than mayor for the succeeding four-year term. No person who has, but for resignation or forfeiture of office would have, served as mayor for two three consecutive full terms, shall
serve as mayor or council member for the succeeding four-year term. Term limits shall be effective for each respective seat on the date of the next election for that seat after 1994.
Newly elected council members shall take office the next business day following certification of city election returns. Section 2. A referendum election is hereby called and will be
held on January 31, 2012, at the general city election for the consideration of the voters of the City of Clearwater for the proposed charter amendments. The question to appear on the
referendum ballot reflecting the proposed amendment to the charter at the regular municipal election scheduled for January 31, 2012, shall be as follows: EXTENDING TERM LIMITS Shall
Section 2.03 of the City Charter be amended as provided in Ordinance No. 8297-11 to extend term limits for the Mayor and City Councilmembers from two terms to three terms effective with
the election of January 31, 2012? YES ________ NO ________ Attachment number 1 Page 1 of 2 Item # 19
Ordinance 2 No. 8297-11 Section 3. The City Clerk is directed to notify the Pinellas County Supervisor of Elections that the referendum item provided above shall be considered at the
election to be held on January 31, 2012. Section 4. This ordinance shall take effect immediately upon adoption. The amendments to the City Charter provided for herein shall take effect
only upon approval of a majority of the City electors voting at the referendum election on these issues and upon the filing of the Amended Charter with the Secretary of State. PASSED
ON FIRST READING _____________________ PASSED ON SECOND AND FINAL _____________________ READING AND ADOPTED ___________________________ Frank V. Hibbard Mayor Approved as to form: Attest:
__________________________ ____________________________ Pamela K. Akin Rosemarie Call City Attorney City Clerk Attachment number 1 Page 2 of 2 Item # 19
Work Session Council Chambers -City Hall Meeting Date:11/28/2011 SUBJECT /RECOMMENDATION: Adopt Ordinance 8298-11 on second reading, amending Section 2.01(c)3. of the City Charter to
require publication of a notice of the availability of the annual city audit. SUMMARY: Review Approval: Cover Memo Item # 20
Ordinance No. 8298-11 ORDINANCE NO. 8298-11 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING SECTION 2.01(c)3. OF THE CITY CHARTER TO REQUIRE PUBLICATION OF A NOTICE OF THE
AVAILABILITY OF THE ANNUAL CITY AUDIT; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. It is hereby proposed that Section
2.01(c)3. of the City Charter be amended as follows: Section 2.01. -Council; composition; powers. * * * * * (c) Duties. It shall be the duty of the council to discharge the obligations
and responsibilities imposed upon the council by state law, city ordinance and this charter. As a part of the discharge of its duty, the council shall: * * * * * 3. Provide for an annual
or more frequent independent audit of all city accounts by a firm of certified public accountants, and provide for publication of a notice of availability of each audit. No firm shall
be employed for more than five consecutive years. All audits shall be in accordance with law. * * * * * Section 2. A referendum election is hereby called and will be held on January
31, 2012, at the general city election for the consideration of the voters of the City of Clearwater for the proposed charter amendments. The question to appear on the referendum ballot
reflecting the proposed amendment to the charter at the regular municipal election scheduled for January 31, 2012, shall be as follows: PUBLICATION OF NOTICE OF AVAILABILITY OF CITY
AUDIT Shall Section 2.01(c)3. of the City Charter be amended as provided in Ordinance No. 8298-11 to require the publication of a notice of availability of the annual city audit? YES
________ NO ________ Attachment number 1 Page 1 of 2 Item # 20
Ordinance 2 No. 8298-11 Section 3. The City Clerk is directed to notify the Pinellas County Supervisor of Elections that the referendum item provided above shall be considered at the
election to be held on January 31, 2012. Section 4. This ordinance shall take effect immediately upon adoption. The amendments to the City Charter provided for herein shall take effect
only upon approval of a majority of the City electors voting at the referendum election on these issues and upon the filing of the Amended Charter with the Secretary of State. PASSED
ON FIRST READING _____________________ PASSED ON SECOND AND FINAL _____________________ READING AND ADOPTED ___________________________ Frank V. Hibbard Mayor Approved as to form: Attest:
__________________________ ____________________________ Pamela K. Akin Rosemarie Call City Attorney City Clerk Attachment number 1 Page 2 of 2 Item # 20
Work Session Council Chambers -City Hall Meeting Date:11/28/2011 SUBJECT /RECOMMENDATION: Adopt Ordinance 8300-11 on second reading, vacating that certain dedicated 15-foot wide alley
in Block 1 of the Wallace Addition to Clearwater, Florida, as shown on the map or plat thereof, as recorded in Plat Book 3, Page 6, of the public records of Hillsborough County, Florida,
of which Pinellas County was formerly a part, less the North 30 feet thereof for street purposes. (VAC2011-03) SUMMARY: Review Approval: Cover Memo Item # 21
Ordinance No.8300 -11 ORDINANCE NO. 8300-11 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING THAT CERTAIN DEDICATED 15-FOOT WIDE ALLEY IN BLOCK 1 OF THE WALLACE ADDITION TO
CLEARWATER, FLA., AS SHOWN ON THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 3, PAGE 6, OF THE PUBLIC RECORDS OF HILLSBOROUGH COUNTY, FLORIDA, OF WHICH PINELLAS COUNTY WAS FORMERLY
A PART, LESS THE NORTH 30 FEET THEREOF FOR STREET PURPOSES, SUBJECT TO SPECIAL CONDITIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, FSH7, LLC, owner (the Owner) of real property located
in the City of Clearwater, Fla. (the City), has 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 street purposes, and it is deemed to be to the best interest of the City and the general public that the same be vacated, subject to special conditions; now,
therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following: That a certain dedicated 15-foot wide alley lying in Block 1 of the Wallace
Addition to Clearwater, Fla., as shown on the map or plat thereof, as recorded in Plat Book 3, Page 6, of the Public Records of Hillsborough County, Florida, of which Pinellas County
was formerly a part, less the north 30 feet thereof for street purposes shall hereby be vacated, closed and released, and the City releases all of its right, title and interest thereto,
contingent upon the following conditions: 1. The Owner grants the City a blanket utility easement over the described property for the installation and maintenance of any and all City
utilities thereon; 2. The Owner grants easements for the maintenance of private utilities owned and maintained individually by Verizon and Bright House located within the described property;
and 3. The site plan for the vacated property submitted under Flexible Development Application Number 2011-10036 is fully approved. 4. This vacation ordinance shall be null and void
if any of the preceding conditions are not met within 45 calendar days of approval of the site plan as required in condition 3 hereof. Section 2. The City Clerk shall record this ordinance
in the public records of Pinellas County, Florida, following adoption. Attachment number 1 Page 1 of 2 Item # 21
Ordinance No.8300 -11 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 Attachment number 1 Page 2 of 2 Item # 21
Work Session Council Chambers -City Hall Meeting Date:11/28/2011 SUBJECT /RECOMMENDATION: Adopt Ordinance 8301-11 on second reading, vacating all of the Right-of-Way abutting the South
lot line of Lot 12, Block 1,and the North lot line of Lot 12, Block 2, both properties described in the plat “Moase and Harrison” located in Hillsborough Plat Book 2, Page 85, of the
public records of Pinellas County, Florida. (VAC2011-04) SUMMARY: Review Approval: Cover Memo Item # 22
Ordinance No. 8301-11 ORDINANCE NO. 8301-11 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING, ALL OF THE RIGHT-OF-WAY ABUTTING THE SOUTH LOT LINE OF LOT 12, BLOCK 1 AND THE
NORTH LOT LINE OF LOT 12, BLOCK 2, BOTH PROPERTIES DESCRIBED IN THE PLAT “MOASE AND HARRISON” LOCATED IN HILLSBOROUGH PLAT BOOK 2 PAGE 85 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FL;
PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater, Fla. (the City) owner of real property located in the City finds it necessary to vacate the right-of-way depicted in Exhibit
A attached hereto; and WHEREAS, the City Council finds that said right-of-way is not necessary for its use as a public roadway, and it is deemed to be in the best interest of the City
and the general public that the same be vacated; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following: All of the Right-of-Way
abutting the South lot line of Lot 12, Block 1 and the North lot line of Lot 12, Block 2, both properties described in the plat "Moase and Harrison" located in Hillsborough Plat Book
2, Page 85 of the Public Records of Pinellas County, FL. is hereby vacated, closed and released, and the City of Clearwater releases its right, title and interest thereto only to the
extent this property is used as a public right-of-way; however, the City reserves its fee simple interest for any and all other purposes. Additionally, all City and private utilities
may be relocated by the City, at its own expense, and to the approval and acceptance of the private utility owners. 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 _________________________ Attachment number 1 Page 1 of 2 Item # 22
Ordinance No. 8301-11 _______________________________ Frank V. Hibbard Mayor Approved as to form: Attest: ______________________________ _______________________________ Camilo A. Soto
Rosemarie Call Assistant City Attorney City Clerk Attachment number 1 Page 2 of 2 Item # 22
Work Session Council Chambers -City Hall Meeting Date:11/28/2011 SUBJECT /RECOMMENDATION: City Manager Verbal Reports SUMMARY: Review Approval: Cover Memo Item # 23
Work Session Council Chambers -City Hall Meeting Date:11/28/2011 SUBJECT /RECOMMENDATION: Request to move January 9, 2012 Work Session to 9am -Councilmember Jonson SUMMARY: Review Approval:
Cover Memo Item # 24
Work Session Council Chambers -City Hall Meeting Date:11/28/2011 SUBJECT /RECOMMENDATION: Reschedule June 4, 2012 Work Session Meeting -Councilmember Jonson SUMMARY: Review Approval:
1) Clerk Cover Memo Item # 25
Work Session Council Chambers -City Hall Meeting Date:11/28/2011 SUBJECT /RECOMMENDATION: Traffic timing on Gulf-to-Bay Blvd. -Councilmember Gibson SUMMARY: Review Approval: Cover Memo
Item # 26
Item # 26
Island Way Oak Ft. Harrison Myrtle Martin Luther King Missouri Hillcrest Coachman US 19 Damascus TOD: 6am-9:30am RHODES: 9:30am-2:30pm TOD: 2:30pm-7pm RHODES: 7pm-6am Future Signal Timings
on S.R. 60 Legend: TOD-Time of Day RHODES-Adaptive Software Item # 26
Work Session Council Chambers -City Hall Meeting Date:11/28/2011 SUBJECT /RECOMMENDATION: Annual Utilities We Care Fund Appeal -Jim Geary, Customer Svc. (verbal) SUMMARY: Review Approval:
Cover Memo Item # 27
11/28/2011
Meeting Date:
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Approve a loan modification to Homeless Emergency Project, Inc. to change the existing terms and increase the loan amount by
$725,000 to a total loan amount of $1,097,340 to build 32 affordable rental housing units for veterans at 1250 Palmetto Street,
Clearwater, and authorize the appropriate officials to execute same. (consent)
SUMMARY:
Homeless Emergency Project, Inc. (HEP) has been planning apartment units and a clubhouse to provide
permanent supportive housing to homeless veterans with special needs. An application was submitted to
the City of Clearwater to acquire vacant real property located at 1250 Palmetto Street, Clearwater, Florida
(owned by the Pinellas County Board of Public Instruction). The City gave HEP a loan in the amount
of $372,340 to acquire the property (agreed sales price of the land from the School Board--a February 10,
2010 appraisal list the value of the land at $558,000.)
The subject property is near rectangular in shape with approximately 109 feet of Palmetto Street frontage,
120 feet of Engman Street frontage and 1,095 feet of Holt Avenue frontage. The surveyed dimensions
calculate to a total size of 2.9 acres. Phase one will include the construction of a two-story 16,248 square
foot residential building containing thirty two (32) one-bedroom apartments. It will also include the
construction of a 2,336 square foot Clubhouse/Community Center, and all required parking spaces. Funds
from the City will only be used for the construction of the housing units.
The new apartment units and the Clubhouse/Community Center will be used to provide permanent
supportive housing to homeless veterans with special needs. It will house both male and female veterans
including the sub-populations of disabled veterans, veterans with mental illness, chronically mentally ill
veterans, veterans with PTSD (Post Traumatic Stress Disorder) diagnosis, veterans with substance abuse
problems and veterans with dual diagnosis. These housing units will serve an identified need in the
community (Veteran's Administration Bay Pines in a 2008 study indicated a need for over 500 permanent
housing units). The residents of this facility will be provided with comprehensive case management and
counseling services, needed health, mental health and dental services, as well as job training and job
placement assistance and a full array of services needed to move residents into a condition of self-
sufficiency.
It is estimated that the project will begin construction in January 2012 and be completed by January 2013.
The total budgeted project cost is $3,497,144 with Pinellas County contributing $1,800,000, the City of
Clearwater at $1,097,340 (including the prior loan of $372,340) and HEP contributing $599,804. To ensure
the project cash flows, it is recommended that both Pinellas County and the City forgive an equal share of
the loan ($299,250) at the end of the 30-year affordability period.
The original loan in the amount of $372,340 included a two-year deferment with no payment due and no
interest. It also included a three-year interest only payment and a balloon for full payment due at the end of
the fifth year with the citys option of forgiveness.
Cover Memo
The proposed loan modification by the City to HEP will place all loans under a single mortgage and
restructure the terms of the loan to become a $1,097,340 total loan with a $299,250 loan forgiveness at the
Item # 3
end of the 30-year affordability period. The balance of the loan will be a three-year deferred payment loan
with a three percent (3%) per annum interest rate amortized over 30 years.
Appropriation CodeAmountAppropriation Comment
683-00000-128165-000-000 $543,750
193-00000-128165-000-000 $181,250
1) City Manager 2) Clerk
Review Approval:
Cover Memo
Item # 3
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11/28/2011
Meeting Date:
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Approve legal services agreements between Banker, Lopez, Gassler, P.A. and the City of Clearwater, and Pallo, Marks, Hernandez,
Gechijian and DeMay, P.A. and the City of Clearwater for legal services relating to Workers Compensation claims; authorize payments
to said firms in the amount not to exceed $285,000 for the period of January 1, 2012 through December 21, 2015; and authorize the
appropriate officials to execute same. (consent)
SUMMARY:
The City of Clearwater self-insures its Workers Compensation exposures and Risk Management administers the claims. Only a small
percentage of claims result in litigation. Risk Management uses two attorneys in response to the Citys Workers Compensation claims.
Operating Expenditure
Type:
YesNone
Current Year Budget?:Budget Adjustment:
Budget Adjustment Comments:
Current Year Cost:Annual Operating Cost:
$285,000$285,000
Not to Exceed:Total Cost:
1/1/2012 to
For Fiscal Year:
12/31/2015
Appropriation CodeAmountAppropriation Comment
590-07000-545800-519-000. $285,000
1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk
Review Approval:
Cover Memo
Item # 4
Item # 4
Item # 4
Item # 4
Attachment number 2
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Item # 4
11/28/2011
Meeting Date:
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Authorize a three-year contract between the City and Montgomery Retirement Plan Advisors for the provision of advisor/consultant
services to the City 457 Deferred Compensation Plans and the City 401a Money Purchase Pension plan at a cost of $32,000 per year and
authorize the appropriate officials to execute same. (consent)
SUMMARY:
In September 2011, Council authorized the City to enter into negotiations with Montgomery Retirement Plan Advisors to serve as
advisor/consultant to the Citys 457 and 401a defined contribution retirement plans. The City has reached an agreement in principal
with Montgomery for a three-year agreement at a cost of $32,000 per year, payable in quarterly installments. The agreement provides
for Montgomery to assist the City in establishing a Plan Investment Committee and Charter and in drafting an Investment Policy
Statement, as well as providing fiduciary consulting services and resources including monitoring the performance of investment plan
managers, benchmarking fees and cost reduction initiatives, assisting with fund selection, preparing performance reports and investment
recommendations, attending Plan Committee and annual comprehensive Fiduciary Plan Review meetings, and offering participant
education guidance. The cost of the agreement for the balance of Fiscal Year 2011-2012 would be funded from Central Insurance Fund
reserves and future year costs are to be budgeted in the Central Insurance Fund.
Other
Type:
NoneNo
Current Year Budget?:Budget Adjustment:
Budget Adjustment Comments:
$32,000$32,000
Current Year Cost:Annual Operating Cost:
$32,000
Not to Exceed:Total Cost:
2012 to 2013
For Fiscal Year:
Appropriation CodeAmountAppropriation Comment
0-590-07000-530300-519-$32,000
0000
1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk
Review Approval:
Cover Memo
Item # 5
Attachment number 1
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Item # 5
11/28/2011
Meeting Date:
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Approve the Fourth Amendment to Sports Facility Use Agreement between the City of Clearwater (City) and Phillies Florida LLC
(Phillies); a Project Agreement between the City and Phillies to make certain improvements at Carpenter Complex and Bright House
Field (Project) in accordance to the Carpenter Complex Use Agreement and the Bright House Field Use Agreement; approve funding
the project for $2,900,000 from un-appropriated retained earnings; and authorize the appropriate officials to execute same. (consent)
SUMMARY:
The four field Carpenter Complex was originally developed in partnership with the Philadelphia Phillies over
45 years ago to be the main spring training facility for the Phillies. Since that time, Bright House Field was
constructed and other major league improvements were made to the clubhouse and ballfields at
Carpenter.
Staff for both the Phillies and City has identified several existing facilities, or lack thereof, that need to be
replaced or constructed to meet the standards needed for a professional sports franchise.
Major elements of this project will include the following:
Carpenter Complex:
1. Construction of a new 20,710 square foot training building that will include six batting tunnels; 4,831
square foot weight training and cardio room; training room; storage space; office space; locker space;
restroom facilities; laundry/janitor room and staging/video room. (site plan of new building attached)
2. Renovation of the existing 3,420 square foot building north of the clubhouse to house two additional
indoor batting tunnels
3. Construction of a covered walkway connecting the Southeast side of the clubhouse to the new training
building.
4. Relocation of existing amenities (fencing, warning tracks, sidewalks etc.) to gain access to the new
weight training/cardio building.
5. Removal of existing open air hitting cages on the north side of the entrance driveway and replace with
new sod and landscaping.
Bright House Field:
1. Construction of one or two batting tunnels under the stadium to be accessed from the home dugout by
installation of a walkway and new door.
The City will fund the project up to a maximum of $2,900,000. Architects and engineering fees are to be
included as part of the project. Funding for the project will come from un-appropriated retained earnings
and will be transferred into the project at first quarter.
The Phillies will manage the project and be responsible for any project cost overrun above the Citys
$2,900,000 contribution.
Cover Memo
Item # 6
In addition as part of the Fourth Amendment, the Phillies will pay the City additional use fees from Spring
Training games occurring from 2012 through 2023 equal to ($.60) times the number of paid admissions to
each Phillies Major League Spring Training home game played at Bright House Field against another Major
League team. Past attendance records indicate that the City will be reimbursed between $72,623 and
$77,792 per year.
The project construction commences May 2012 to be ready for spring 2013.
There will be no increase in City operating budgets and staffing levels because the Phillies will handle all
maintenance of these new facilities.
A first quarter budget amendment will establish project 315-93628, Carpenter Complex/Bright House Field
Improvements in the amount of $2.9 million from General Fund un-appropriated retained earnings. With the
approval of this agenda item, General Fund reserves will be approximately $15.1 million, representing
13.8% of the current adopted budget, with reserves of 5.8 million over the current reserve policy.
Capital expenditure
Type:
NoYes
Current Year Budget?:Budget Adjustment:
Budget Adjustment Comments:
New project.
$2,900,000
Current Year Cost:Annual Operating Cost:
$2,900,000$2,900,000
Not to Exceed:Total Cost:
2011 to 2012
For Fiscal Year:
Appropriation CodeAmountAppropriation Comment
unappropriated retained $2,900,000
earnings
1) Office of Management and Budget 2) Parks and Recreation 3) Office of Management and
Review
Budget 4) Legal 5) Clerk 6) Assistant City Manager 7) City Manager 8) Clerk
Approval:
Cover Memo
Item # 6
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11/28/2011
Meeting Date:
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Award a Contract (Purchase Order) for $162,000.00 to Tampa Truck Center of Tampa, FL for one Freightliner CNG Chassis; remove, install and
refurbish the existing Propane Tank in accordance with Sec. 2.564(1)(d), Code of Ordinances - Other governmental bid; authorize lease purchase of
$128,090.00 under the City's Master Lease Purchase Agreement and authorize the appropriate officials to execute same. (consent)
SUMMARY:
The Freightliner Chassis and removal and retrofit of the Propane Tank will be purchased through the Florida Sheriff's Association
and Florida Association of Counties Contract 11-19-0907, Specification 070-700-312 and quote dated November 1, 2011.
The Chassis will replace G2344, 2001 International with 118,000 miles.
The cost of the Chassis and Upgrades is $128,090.00. Krutsinger of Tampa, FL will perform the removal and installation of the
body, upgrade the Propane unit to current standards for $34,000.
The cost to upgrade the chassis to CNG is $29,091. The payback for the upgrade cost based on 2,521 gallons at $1.22 difference in
cost is 9.4 years. This truck will have a life of 12 years.
The Chassis is included in the Garage CIP Replacement Fund and the budget amount is $78,000. The remainder of the Chassis
difference between budget and actual plus CNG Conversion will be paid from savings in the Garage Replacement CIP. The cost
of the removal, upgrade and installation of the Propane Tank will be paid from an operational fund.
Purchase
Type:
YesNone
Current Year Budget?:Budget Adjustment:
Budget Adjustment Comments:
$60,642.00$10,258.80
Current Year Cost:Annual Operating Cost:
$70,900.72
Not to Exceed:Total Cost:
2011 to 2012
For Fiscal Year:
Appropriation CodeAmountAppropriation Comment
0316-94234-564100-519-0000 $128,090.00L/P CIP
0423-02077-530100-532-0000 $34,000.00Operational Fund
No
Bid Required?:Bid Number:
Florida Sheriff's
Contract #11-None
Other Bid / Contract:Bid Exceptions:
19-0907
1) City Manager 2) Clerk
Review Approval:
Cover Memo
Item # 7
11/28/2011
Meeting Date:
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Award a Contract (Purchase Order) for $369,154.00 to Kenworth of Central Florida of Orlando, FL for two Kenworth T800/T440 CNG
Trucks with Palfinger M100L72 Grapple Loader and 28 yd. Trash Body 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 Jaws trucks will be purchased through the Florida Sheriff's Association and Florida Association of Counties
Contract 11-19-0907, Specification 50 and the quote dated November 10, 2011.
The trucks will replace G2888 with 89,676 miles and G2891 with 86,378 miles. Both trucks are included in the Fiscal
Year 2011/2012 Garage CIP Replacement Fund. The budget for these trucks is $360,000. The cost of the CNG
upgrade increased since the budget amount was received from various vendors during the budget cycle. Savings in the
CIP can be used to cover the additional cost.
The cost to upgrade the chassis to CNG is $30,546.00. The annual savings based on $1.00 difference between diesel
fuel and CNG is $4,692. The payback is 6.5 years. This truck will have an expected life of 10 to 12 years.
Purchase
Type:
YesNone
Current Year Budget?:Budget Adjustment:
Budget Adjustment Comments:
$76,784.03$67,258.00
Current Year Cost:Annual Operating Cost:
$144,042.03
Not to Exceed:Total Cost:
2010 to 2011
For Fiscal Year:
Appropriation CodeAmountAppropriation Comment
0316-94234-564100-519-$369,154.00L/P CIP
0000
No
Bid Required?:Bid Number:
Florida
Sheriff's
Association None
Other Bid / Contract:Bid Exceptions:
bid #11-19-
0907
Cover Memo
1) Financial Services 2) Office of Management and Budget 3) Solid Waste/General Support Services 4) Financial
Review
Item # 8
Services 5) Office of Management and Budget 6) Legal 7) Clerk 8) Assistant City Manager 9) City Manager 10) Clerk
Approval:
11/28/2011
Meeting Date:
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Award a contract (Purchase Order) for $507,342.00 to Container Systems and Equipment Co. Inc. of Daytona Beach, FL for two Crane
Carrier CNG Low Entry Cab Chassis with 25 Cubic Yard Loadmaster Excel Rear Loader Body, 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 two rear loaders will be purchased through the Florida Sheriff's Contract 11-19-0907, specification 050 and quote
dated October 26, 2011.
These trucks will replace G2556 with 91,719 miles and G2557 with 88,498 miles. Both trucks are included in the
Fiscal Year 2011/2012 Garage CIP Replacement Fund at a total estimated cost of $240,000 per truck.
The cost of the CNG upgrade is $28,808.00 per truck. The cost of the upgrade will be recovered in fuel savings based
on current difference in price of $1.00 and annual gallons used is 4080 in 7 years. This truck has an expected life of
10 to 12 years.
The Garage CIP has enough savings to cover the additional cost of the trucks and Solid Waste has operating funds
available to cover the additional debt.
Purchase
Type:
YesNone
Current Year Budget?:Budget Adjustment:
Budget Adjustment Comments:
$105,527.00$27,440.00
Current Year Cost:Annual Operating Cost:
$132,967.00
Not to Exceed:Total Cost:
2010 to 2011
For Fiscal Year:
Appropriation CodeAmountAppropriation Comment
0316-94234-564100-519-$507,342.00L/P CIP
0000
1) Financial Services 2) Office of Management and Budget 3) Legal 4) Clerk 5) Assistant City Manager 6) City
Review
Manager 7) Clerk
Approval:
Cover Memo
Item # 9
11/28/2011
Meeting Date:
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Award a Contract (purchase order) to R.E. Purcell Construction of Largo, Florida for the 2011 Street Resurfacing Project (11-0024-EN)
in the amount of $1,386,029.62, which is the lowest responsible bid received in accordance with the plans and specification and
authorize the appropriate officials to execute same. (consent)
SUMMARY:
The City of Clearwater annual street resurfacing program is designed to prevent the deterioration of roadway wearing
surfaces, provide a protective coating and maintain the integrity of the road substructure throughout the city street
system.
The streets scheduled for resurfacing in this contract are from citizens' requests, Public Services, Engineering and our
consultant; and have all been determined to warrant their inclusion by virtue of an inspection and prioritization process
performed by the Engineering staff.
They include streets on north beach and south beach, plus the roundabout; Cleveland Street from Highland to
Belcher; Landmark Drive from State Road 580 to Curlew Road; and various smaller streets.
The contract period is 120 days.
Sufficient funding and budget are available in Capital Improvement Program project 0315-92273, Streets and
Sidewalks.
Capital expenditure
Type:
YesNo
Current Year Budget?:Budget Adjustment:
Budget Adjustment Comments:
See summary
$1,386,029.62
Current Year Cost:Annual Operating Cost:
$1,386,029.62 $1,386,029.62
Not to Exceed:Total Cost:
2011 to 2012
For Fiscal Year:
Appropriation CodeAmountAppropriation Comment
0315-92273-563700-541-$1,386,029.62 See summary
000-0000
Yes11-0024-EN
Bid Required?:Bid Number:Cover Memo
None
Other Bid / Contract:Bid Exceptions:
Item # 10
1) Engineering 2) Financial Services 3) Office of Management and Budget 4) Legal 5) Clerk 6) Assistant City
Review
Manager 7) City Manager 8) Clerk
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Item # 10
11/28/2011
Meeting Date:
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Ratify and confirm emergency repair in the amount of $206,551.50, completed by Keystone Excavators, for the concrete stormwater
conveyance channel just south of Sharkey Road. (consent)
SUMMARY:
On October 10, 2011, it was discovered that stormwater runoff had undercut a reinforced concrete channel resulting in collapse of the
channel bottom.
The channel failure and subsequent erosion exposed an 8-inch diameter sanitary sewer line and an 8-inch diameter potable water line.
Additional erosion could have resulted in failure of either of these two pipelines.
As this presented an emergency, Keystone Excavators, who has successfully completed similar work for the City, was contacted and
engineering staff and Keystone devised a plan to repair the channel and protect the utility lines.
This work was completed on November 7, 2011.
Sufficient funding is available in Capital Improvement Program project 0315-96124, Storm Pipe System Improvements.
Capital expenditure
Type:
YesNo
Current Year Budget?:Budget Adjustment:
Budget Adjustment Comments:
See summary
$206,551.50
Current Year Cost:Annual Operating Cost:
$206,551.50 $206,551.50
Not to Exceed:Total Cost:
2011 to 2012
For Fiscal Year:
Appropriation CodeAmountAppropriation Comment
0315-96124-563700-539-$206,551.50 See summary
000-0000
1) Engineering 2) Financial Services 3) Office of Management and Budget 4) Legal 5) Clerk 6) Assistant City
Review
Manager 7) City Manager 8) Clerk
Approval:
Cover Memo
Item # 11
Attachment number 3
Page 1 of 1
Item # 11
11/28/2011
Meeting Date:
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Award a contract renewal (blanket purchase order) to Pinellas County Solid Waste in the amount of $180,000 for the disposal of solid
waste at the Pinellas County waste to energy plant/landfill for the period January 1, 2012 through December 31, 2012, as provided in
the Citys 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/landfill in the county. The NPDES permit that the Stormwater
Division operates under requires the disposal of all debris generated from the street sweepers, vaccon operation and
ditch/catch basin cleaning to a landfill disposal site. Pinellas County has kept their rate at $37.50 per ton for over 13
years.
Sufficient budget is available in the Stormwater Utility Fund operating cost center 0419-02090-543500-539-000-0000
to fund the current year cost of this contract.
Operating Expenditure
Type:
YesNone
Current Year Budget?:Budget Adjustment:
Budget Adjustment Comments:
$180,000.00$180,000.00
Current Year Cost:Annual Operating Cost:
$180,000.00$180,000.00
Not to Exceed:Total Cost:
2012 to 2013
For Fiscal Year:
Appropriation CodeAmountAppropriation Comment
0419-02090-543500-539-180,000.00Dump Fees
000-0000
No
Bid Required?:Bid Number:
Other
Other Bid / Contract:Bid Exceptions:
1) Financial Services 2) Office of Management and Budget 3) Legal 4) Clerk 5) Assistant City Manager 6) City
Review
Manager 7) Clerk
Approval:
Cover Memo
Item # 12
Meeting Date:
11/28/2011
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Provide direction on amendments to the Community Development Code regarding artificial turf (TA2011-09001). (WSO)
SUMMARY:
The citys Community Development Code Section 3-1502, Property Maintenance Requirements for Yards and Landscape Areas,
currently requires that the portion of lots not covered by a building or structure be landscaped with grass or other appropriate ground
cover and that all landscape materials be maintained in a healthy live condition.
At the July 21, 2011 City Council Meeting, Council directed the Planning and Development Department Staff to examine the use of
synthetic grass or artificial turf in place of landscaping consisting of natural plant material and to create standards for the installation
and maintenance of artificial turf. Council also directed staff to meet with the Environmental Advisory Board (EAB) and the Clearwater
Neighborhoods Coalition (CNC) for their feedback.
Staff met with the EAB on September 21, 2011 to discuss completed research on the environmental aspects of artificial turf and an
evaluation of existing codes in Florida and across the United States. Staff met with the EAB a second time on October 12, 2011, at
which time a draft ordinance was reviewed. The EAB recommended adoption of the proposed ordinance as presented at the meeting
with three changes: 1) permitting process and requirements for artificial turf should be similar to those for other impervious surface; 2)
artificial turf should be prohibited on Sand Key, Clearwater Beach, and Island Estates; 3) crumb rubber infill for artificial turf should
only be permitted on playgrounds and athletic fields.
Staff addressed items one and three in the proposed ordinance, but did not incorporate a prohibition of artificial turf on Sand Key,
Clearwater Beach, and Island Estates, because staff believes that the ordinance should apply citywide and no one neighborhood should
be exempt. This information was presented to the CNC at its November 7, 2011 meeting, and the CNC voted to support the ordinance
as presented at the meeting.
The ordinance contains the following key provisions:
Differentiates between natural turf and artificial turf, and provides definitions of each.
Establishes a new subsection for Artificial Turf (Section 3-1203) which includes the following:
-Requires a permit be approved in advance of any installation, to be reviewed by city staff.
Creates minimum standards within Section 3-1203 including:
Green lifelike blades with a minimum pile height and density for all installations other than those used in recreational
facilities, which would have to comply with different but appropriate standards;
Prohibition of rubber infill material except for within recreational installations. Further prohibits the use of rubber infill at
all, even in recreational uses, on Sand Key, Clearwater Beach, and Island Estates;
Prohibition of indoor/outdoor carpeting like that which is generically referred to as astro turf.
Establishes installation and maintenance requirements within Section 3-1203 including:
Artificial turf would be considered impervious by the city. The amount of artificial turf allowed would be limited by the
established Impervious Surface Ratio (ISR) for a zoning district;
Seams must be nailed and glued, and nothing can be directly attached to a seawall;
Artificial turf must be installed to provide proper drainage so no pooling or flooding would occur, and may not be
installed in permanent drainage features such as ponds;
The citys arborist would have the ability to limit installations in areas where it could affect the health of a tree, and any
Cover Memo
installations would be reviewed to prevent damage to tree roots.
Item # 13
Amends the Property Maintenance Requirements Section 3-1502 as follows:
Modifies Section 3-1502.H.3 to allow artificial turf, but maintains requirement that all other shrubs and trees still be
live;
Establishes maintenance requirements to ensure installed artificial turf remains green, free of dirt, stains,
odors, weeds, debris, tears, holes, impressions.
Amends Appendix A Schedule of Fees, Rates and Charges to establish a permit fee for artificial turf.
It is requested that City Council provide direction to staff
regarding Ordinance 8302-12.
Review Approval:1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk
Cover Memo
Item # 13
Attachment number 1
Page 1 of 7
ORDINANCE NO. 8302-12
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA MAKING
AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE
ARTICLE 3, DEVELOPMENT STANDARDS, SECTIONS 3-1201, 3-1202,
3-1203, AND 3-1205 TO ESTABLISH MINIMUM STANDARDS FOR
ARTIFICIAL TURF USED IN LANDSCAPED AREAS AND
RENUMBERING SECTIONS ACCORDINGLY; BY AMENDING
ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-1502.H., TO
PROVIDE MAINTENANCE REQUIREMENTS FOR ARTIFICIAL TURF;
AMENDING ARTICLE 8, DEFINITIONS AND RULES OF
CONSTRUCTION, SECTION 8-102, DEFINITIONS, BY PROVIDING A
DEFINITION FOR ARTIFICIAL TURF, BY REVISING THE DEFINITION
FOR IMPERVIOUS TO INCLUDE ARTIFICIAL TURF, BY REVISING
THE DEFINITION FOR LANDSCAPING, AND BY PROVIDING A
DEFINITION FOR NATURAL TURF; AMENDING APPENDIX A,
SECTION VIII, LAND DEVELOPMENT, TO ADD A PERMIT FEE FOR
ARTIFICIAL TURF; CERTIFYING CONSISTENCY WITH THE CITYS
COMPREHENSIVE PLAN AND PROPER ADVERTISEMENT;
PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City of Clearwater adopted a new Community Development Code on
January 21, 1999 which was effective on March 8, 1999, and
WHEREAS, the City of Clearwater desires for the Community Develoment Code to
function effectively and equitably throughout the City, and
WHEREAS, due to concerns for excess water consumption, the use oficial turf has
become more commonplace,
WHEREAS, the City of Clearwater desires to ensure that artificial turf meets minimum
material, installation and maintenance standards,
WHEREAS, the City of Clearwater has determined where the Community Development
Code needs clarification and revision, now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER,
FLORIDA:
Section 1. Article 3, Development Standards, Division 12, Landscaping/Tree
Protection, of the Community Development code is hereby amended as follows:
DIVISION 12. LANDSCAPING/TREE PROTECTION/ARTIFICIAL TURF
Section 3-1201. Purpose.
It is the purpose of this division to establish minimum landscaping/tree protection standards in
order to promote the preservation of existing tree canopies, to promote the expansion of that
canopy and to promote the enhancement of the quality of existing and future development in the
city. This section also establishes parameters for the use of arficial turf in landscaped areas.
Item # 13
Ordinance No. 8302-12
Attachment number 1
Page 2 of 7
Section 3-1202. - General landscaping standards.
* * * * * * * * * *
B. Plant material specifications. Except as provided in subsection (6) below, plant materials
which are utilized to satisfy the landscaping required by this development code shall
comply with the following minimum standards:
1. Minimum plant material standards:
PLANTSIZE (at installation)QUALITYOTHER REQUIREMENTS
Shade 10' height Florida a. Use of live oak (City tree) is
Tree2.5" caliperGrade #1encouraged, however species diversity
is preferred over monoculture.
b. Must be planted a minimum of five
feet from any impervious area.
c. At least ten percent of the total
number of trees shall be of a species
which exhibits conspicuous flowering.
Accent 8' height Florida 2 accent trees = 1 shade tree; unless
Tree2" caliperGrade #1overhead lines are unavoidable; no
more than 25% of required trees may be
accent trees.
Palm 10' clear trunkFlorida Can be used to satisfy 75% of tree
TreeGrade #1requirements on Beach, Sand Key &
Island Estates, 25% elsewhere in the
City. Staggered clusters of 3 palm trees
= 1 shade tree, except for specimen
palm trees such as: phoenix canariensis
(canary island date palm), phoenix
dactylifera (edible date palm) and
phoenix reclinata (senegal date palm),
which count as shade trees on a 1:1
ratio.
ShrubsA.) 1824" in height when used Florida
in a perimeter buffer - planted Grade #1
every 36", (measured from the
center of the shrub) providing a
100% continuous hedge which will
be 36", high and 80% opaque 12
months from the time a certificate
of occupancy is received
(excluding drives and visibility
triangles where applicable)
B.) 1424" in height when used
for interior - planted every 30"
36", respectively (measured from
Item # 13
Ordinance No. 8302-12
Attachment number 1
Page 3 of 7
the center of the shrub)
with a 3 gallon minimum
Ground 1 gallon minimum - planted a Florida Encouraged in lieu of natural turf to
Covermaximum of 24" O.C.Grade #1reduce irrigation needs.
Natural N/ADrought Natural tTurf areas should be
Turftolerant consolidated and limited to areas of
varietiespedestrian traffic, recreation and erosion
control.
* * * * * * * * * *
Section 3-1203. Artificial Turf.
A. The use of artificial turf is permitted subject to obtaining a Level One approval in
accordance with the provisions of Article 4, Division 3, and meeting and maintaining
compliance with the provisions of this subsection. Where a provision contained in Article
2 allows or requires landscaping or landscape material, artificial turf may be substituted
for such landscaping or landscape material provided that it meets all requirements of
Articles 3 and 4.
B. Minimum material standards. All artificial turf shall comply with the following minimum
standards:
1. Artificial turf shall consist of green lifelike individual blades of grass that emulate
natural turf in look and color and shall have a minimum pile height of 1.5 inches
and shall have a minimum tufted weight of 56 ounces per square yard.
2. Where artificial turf is utilized for institutional recreational uses (e.g., playgrounds,
athletic fields), the artificial turf product installed shall be designed for the
intended use and meet the appropriate standards.
3. The use of rubber infill material shall be prohibited except where artificial turf is
utilized for institutional recreational uses (e.g., playgrounds, athletic fields)
located only on the mainland (non-barrier-island) areas of the city.
4. All artificial turf shall have a minimum eight year manufacturers warranty that
protects against color fading and a decrease in pile height.
5. Artificial turf shall be lead free.
6. All materials submitted for approval must be accompanied by t documentation
which declares that the artificial turf yarn and backing materials are disposable
under normal conditions, at any US landfill station (Total Content Leach Protocol
(TCLP) test).
7. The use of indoor or outdoor plastic or nylon carpeting as a replacement of
synthetic turf or natural turf shall be prohibited.
C. Installation and maintenance.
1. Artificial turf shall be treated as impervious. The quantity of artificial turf to be
incorporated into the landscaping of a project shall be limited by the impervious
surface ratio (ISR) for the subject property within the applicable zoning district.
Item # 13
Ordinance No. 8302-12
Attachment number 1
Page 4 of 7
2. All seams shall be nailed and glued, not sewn, and edges shall be trimmed to fit
against all regular and irregular edges to resemble a natural look.
3. If artificial turf is planned to be installed immediately adjacent to a seawall, the
artificial turf shall be pinned or staked behind the seawall. No artificial turf or
installation mechanism shall be attached directly to or placed on a seawall or
seawall cap.
4. Proper drainage shall be provided for all artificial turf installations to prevent
excess runoff or pooling of water.
5. Artificial turf shall be visually level with the grain pointing in a single direction.
6. An appropriate solid barrier device (e.g., concrete mow stripbender board) is
required to separate artificial turf from soil and live vegetation.
7. If artificial turf is to be installed in the city right-of-way, a separate right-of-way
permit must be obtained prior to commencing work. If maintenanceis required on
the city right-of-way, or utility easement, it shall be the responsibility of the
property owner to remove, replace and repair, at the owners expnse, any
artificial turf that has been placed in the right-of-way or utility easement.
8. In no case shall artificial turf be installed within permanent drainage features
(e.g., ponds, swales).
9. Precautions for installation around existing trees shall be monitored and may be
restricted to ensure tree roots are not damaged with the installation of the base
material and that the overall health of the tree will not be compromised.
Section 3-12043. Scenic Corridors.
* * * * * * * * * *
Section 3-12054. - Installation and maintenance.
A. All required landscaping shall be installed in accordance with an approved landscape
plan, including all specified conditions to a particular development approval, and
inspected prior to the issuance of a certificate of occupancy orcertificate of completion.
In the event there are any changes to the approved landscape plan, such changes must
be reviewed and approved and noted on the plan prior to notification for the final
inspection for a certificate of occupancy.
B. All landscaped areas must be covered with shrubs, ground coveatural turf, three
inches of organic mulch, artificial turf (where permissible), or other suitable material
which permits percolation. Where mulch is used, it must be protected from washing out
of the planting bed. Inorganic mulch, such as gravel or rock, should only be used where
washouts occur. Plastic sheets shall not be installed under mulcs. Artificial turf shall
be installed according to the standards in Section 3-1203.
* * * * * * * * * *
Item # 13
Ordinance No. 8302-12
Attachment number 1
Page 5 of 7
Section 2. Article 3, Development Standards, Division 15, Property Maintence
Standards, of the Community Development code is hereby amended as follows:
Section 3-1502. - Property maintenance requirements.
* * * * * * * * * *
H. Yards, and landscape areas, and artificial turf areas.
1. All required landscaping materials shall be maintained in accordance with the
provisions of Article 3, Division 12.
2. Any portion of a lot not covered by a building or structure or otherwise devoted to
parking, a service drive or a walkway shall be landscaped with gss or other
appropriate ground cover and shall be maintained in a neat and orderly manner.
3. All Llandscape materials, including natural turf, shrubs, and trees, excluding
artificial turf, whether required or optional, shall be maintained in a healthy live
condition so as to present a neat and attractive appearance and so as to
discourage the accumulation of trash or debris and/or infestation by pests.
4. Artificial turf shall be maintained by the property owner in a green fadeless
condition and shall be maintained free of dirt, sand, stains, odors, weeds, debris,
tears, holes, and impressions. Artificial turf must be replaced it falls into
disrepair with fading or holes or loose areas. Repaired artificial turf areas shall
be performed with like for like materials from the same manufactr and done in
a manner that results in a repair that blends in with the existing artificial turf. In
the event that a like material cannot be obtained, then the most similar material
which still meets installation standards may be used; however evidence that
supports the unavailability of a like material from the same manufacturer must be
provided.
54. No yard, landscape area or, growth of landscape material, or artificial turf area
shall encroach upon the public right-of-way so as to hinder safe and convenient
vehicular or pedestrian movement in the public right-of-way.
65. No yard shall be used for dumping or accumulation of any garbage, rubbish,
dead animals, trash, waste vegetable or animal matter of any kind or construction
debris.
* * * * * * * * * *
Section 3. Article 8, Definitions and Rules of Construction, Section 8-102,
Definitions, of the Community Development code is hereby amended as follows:
Section 8-102. Definitions.
* * * * * * * * * *
Artificial turf means an artificial product manufactured from synthetic materiahat effectively
simulate the appearance of live/natural turf, grass, sod, or lawn.
* * * * * * * * * *
Item # 13
Ordinance No. 8302-12
Attachment number 1
Page 6 of 7
Impervious means surface which has been compacted or covered with a layer oterial so
that it is highly resistant to infiltration by water, including surfaces such as artificial turf,
compacted sand, limerock, shell or clay, as well as most conventionally surfaced streets, roofs,
sidewalks, parking lots and other similar structures.
* * * * * * * * * *
Landscaping means grasses, natural turf, ground covers, vines, shrubs, trees and inanimate
durable material such as organic mulches and artificial turf.
* * * * * * * * * *
Natural turf means a piece of grass-covered soil held together by the roots o the live grass.
* * * * * * * * * *
Section 4. Appendix A, VIII Land Development, (1) Level One, Community
Development Code, is hereby amended to add subsection (m), to read as follows:
(m) Artificial turf permit .. 75.00.
Section 5. Amendments to the Community Development Code of the City of
Clearwater (as originally adopted by Ordinance No. 6348-99 and subsequently amended) are
hereby adopted to read as set forth in this Ordinance.
Section 6. The City of Clearwater does hereby certify that the amendments
contained herein, as well as the provisions of this Ordinance, are consistent with and in
conformance with the Citys Comprehensive Plan.
Section 7. Should any part or provision of this Ordinance be declared by a court of
competent jurisdiction to be invalid, the same shall not affect the validity of the Ordinance as a
whole, or any part thereof other than the part declared to be invalid.
Section 8. Notice of the proposed enactment of this Ordinance has been properly
advertised in a newspaper of general circulation in accordance with applicable law.
Section 9. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING ____________________________
PASSED ON SECOND AND FINAL ____________________________
READING AND ADOPTED
____________________________
Frank V. Hibbard
Mayor
Item # 13
Ordinance No. 8302-12
Attachment number 1
Page 7 of 7
Approved as to form: Attest:
____________________________ ____________________________
Leslie K. Dougall-Sides Rosemarie Call
Assistant City Attorney City Clerk
Item # 13
Ordinance No. 8302-12
Meeting Date:
11/28/2011
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Appoint one member to the Library Board with term to expire February 28, 2015.
SUMMARY:
APPOINTMENT WORKSHEET
BOARD: Library Board
TERM: 4 years
APPOINTED BY: City Council
FINANCIAL DISCLOSURE: Not Required
STAFF LIAISON: Library Director
RESIDENCY REQUIREMENT: City of Clearwater
SPECIAL QUALIFICATIONS: None
MEMBERS: 7
CHAIRPERSON: Jan Regulski
MEETING DATES: Quarterly
PLACE: Main Library
APPTS. NEEDED: 1
THE FOLLOWING ADVISORY BOARD MEMBER HAS A TERM WHICH EXPIRES ON THIS BOARD AND NOW
REQUIRES REPLACEMENT BY A NEW APPOINTEE:
1. Jan Regulski 1045 Chinaberry Rd., 33764 Original Appointment 4/03/03
nd
(Serving 2 term which expires 12/31/11)
THE FOLLOWING NAME(S) ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE VACANCY:
1. Barbara Blakely 31 Island Way #104, 33767 BS/Ed Masters/Early Childhood Ed
2. Paul F. Brown 904 Druid Rd., 33756 Supervisor/Agency for Healthcare Adm.
3. Elizabeth W. Folk 1979 Beckett Lake Dr., 33763 Business Analyst
4. Paul S. Zimmermann 1474 Excaliber Dr., 33764 - Minister
Zip codes of current members on board:
2 at 33756
1 at 33761
2 at 33764
2 at 33767
Review Approval:1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk
Cover Memo
Item # 14
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Item # 14
Meeting Date:
11/28/2011
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Reappoint Linda S. Damsky to the Sister Cities Advisory Board with term to expire December 31, 2015. (consent)
SUMMARY:
APPOINTMENT WORKSHEET
BOARD: Sister Cities Advisory Board
TERM: 4 years
APPOINTED BY: Sister Cities Advisory Board
FINANCIAL DISCLOSURE: Not Required
RESIDENCY REQUIREMENT: One member of the City Council
MEMBERS: 6
VICE-CHAIRPERSON: Margo Walbolt
MEETING DATES: Quarterly
PLACE: TBD
APPOINTMENTS NEEDED: 1
SPECIAL QUALIFICATIONS: Representatives of Clearwater Sister Cities, Inc., the local business community, the
School Boards World Language Coordinator or designee, and the Clearwater Arts Foundation shall not be required to
reside within the City of Clearwater.
THE FOLLOWING ADVISORY BOARD MEMBER HAS A TERM WHICH EXPIRES ON THIS BOARD AND NOW
REQUIRES REAPPOINTMENT:
1. Linda S. Damsky 212 Grove Circle North, Dunedin, FL 34698
Original Appointment 01/15/04
(2 absences in the pat year)
nd
(Serving 2 term which expires 12/31/11)
Interest in Reappointment: Yes
(World Language Coordinator)
No other applications on file.
Zip codes of current members:
1 - 34683
1 - 34698
3 - 33764
Review Approval:1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk
Cover Memo
Item # 15
Attachment number 1
Page 1 of 2
Item # 15
Attachment number 1
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Item # 15
Meeting Date:
11/28/2011
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Appoint a councilmember to fill the remainder of John Doran's term on the Pinellas Planning Council expiring December 31, 2012 and
to a new two-year term on the Pinellas Planning Council with term to expire December 31, 2014.
SUMMARY:
Review Approval:1) Clerk 2) Assistant City Manager 3) City Manager 4) Clerk
Cover Memo
Item # 16
Meeting Date:
11/28/2011
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Adopt Ordinance 8283-11 on second reading, amending the Zoning Atlas of the city by rezoning certain real property whose post office
address is 1911 North Old Coachman Road from Low Medium Density Residential (LMDR) to Commercial (C).
SUMMARY:
Review Approval:
Cover Memo
Item # 17
Attachment number 1
Page 1 of 1
Item # 17
Meeting Date:
11/28/2011
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Adopt Ordinance 8296-11 on second reading, submitting to the city electors proposed amendments to the City Charter amending
Section 7.02, General Provisions, to require the Council to appoint a Charter Review Advisory Committee every six years.
SUMMARY:
Review Approval:
Cover Memo
Item # 18
Attachment number 1
Page 1 of 2
Item # 18
Attachment number 1
Page 2 of 2
Item # 18
Meeting Date:
11/28/2011
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Ordinance 8297-11 on second reading, extending the number of consecutive terms the Mayor and Councilmembers can serve from two
to three.
SUMMARY:
Review Approval:
Cover Memo
Item # 19
Attachment number 1
Page 1 of 2
Item # 19
Attachment number 1
Page 2 of 2
Item # 19
Meeting Date:
11/28/2011
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Adopt Ordinance 8298-11 on second reading, amending Section 2.01(c)3. of the City Charter to require publication of a notice of the
availability of the annual city audit.
SUMMARY:
Review Approval:
Cover Memo
Item # 20
Attachment number 1
Page 1 of 2
Item # 20
Attachment number 1
Page 2 of 2
Item # 20
Meeting Date:
11/28/2011
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Adopt Ordinance 8300-11 on second reading, vacating that certain dedicated 15-foot wide alley in Block 1 of the Wallace Addition to
Clearwater, Florida, as shown on the map or plat thereof, as recorded in Plat Book 3, Page 6, of the public records of Hillsborough
County, Florida, of which Pinellas County was formerly a part, less the North 30 feet thereof for street purposes. (VAC2011-03)
SUMMARY:
Review Approval:
Cover Memo
Item # 21
Attachment number 1
Page 1 of 2
Item # 21
Attachment number 1
Page 2 of 2
Item # 21
Meeting Date:
11/28/2011
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Adopt Ordinance 8301-11 on second reading, vacating all of the Right-of-Way abutting the South lot line of Lot 12, Block 1,and the
North lot line of Lot 12, Block 2, both properties described in the plat Moase and Harrison located in Hillsborough Plat Book 2, Page
85, of the public records of Pinellas County, Florida. (VAC2011-04)
SUMMARY:
Review Approval:
Cover Memo
Item # 22
Attachment number 1
Page 1 of 2
Item # 22
Attachment number 1
Page 2 of 2
Item # 22
Meeting Date:
11/28/2011
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
City Manager Verbal Reports
SUMMARY:
Review Approval:
Cover Memo
Item # 23
Meeting Date:
11/28/2011
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Request to move January 9, 2012 Work Session to 9am - Councilmember Jonson
SUMMARY:
Review Approval:
Cover Memo
Item # 24
Meeting Date:
11/28/2011
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Reschedule June 4, 2012 Work Session Meeting - Councilmember Jonson
SUMMARY:
Review Approval:1) Clerk
Cover Memo
Item # 25
Meeting Date:
11/28/2011
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Traffic timing on Gulf-to-Bay Blvd. - Councilmember Gibson
SUMMARY:
Review Approval:
Cover Memo
Item # 26
Damascus
US 19
Coachman
Hillcrest
Missouri
Martin Luther King
Myrtle
Ft. Harrison
Oak
Island Way
Meeting Date:
11/28/2011
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Annual Utilities We Care Fund Appeal - Jim Geary, Customer Svc. (verbal)
SUMMARY:
Review Approval:
Cover Memo
Item # 27