04/18/2013
City Council Agenda
Location: Council Chambers - City Hall
Date: 4/18/2013- 6:00 PM
Welcome. We are glad to have you join us. If you wish to speak, please wait to be recognized, then state your
name and address. Persons speaking before the City Council shall be limited to three (3) minutes unless
otherwise noted under Public Hearings. For other than Citizens to be heard regarding items not on the Agenda, a
spokesperson for a group may speak for three (3) minutes plus an additional minute for each person in the
audience that waives their right to speak, up to a maximum of ten (10) minutes. Prior to the item being
presented, please obtain the needed form to designate a spokesperson from the City Clerk (right-hand side of
dais). Up to thirty minutes of public comment will be allowed for an agenda item. No person shall speak more
than once on the same subject unless granted permission by the City Council. The City of Clearwater strongly
supports and fully complies with the Americans with Disabilities Act (ADA). Please advise us at least 48 hours
prior to the meeting if you require special accommodations at 727-562-4090. Assisted Listening Devices are
available. Kindly refrain from using beepers, cellular telephones and other distracting devices during the
meeting.
1. Call to Order
2. Invocation
3. Pledge of Allegiance
4. Presentations
4.1Service Awards
Attachments
4.2Child Abuse Prevention Month Proclamation - Mike Carroll, SunCoast Regional Director of the
Department of Children and Families.
Attachments
4.3Clearwater Fire and Rescue Local 1158 Appreciation Month Proclamation - Lt. Patrick Conrey with
Clearwater Fire and Rescue
Attachments
4.4National Crime Victims Week Proclamation - Yolanda Cowart, Founder of the Springtime Club
Attachments
4.5Arbor Day Proclamation - Chuck Porthouse, Parks and Rec.
Attachments
4.6Pinellas County Economic Development Presentation - Mike Meidel, Dir. Pinellas County Economic
Development
Attachments
5. Approval of Minutes
5.1Approve the minutes of the April 4, 2013 City Council Meeting as submitted in written summation by the
City Clerk.
Attachments
6. Citizens to be Heard re Items Not on the Agenda
Public Hearings - Not before 6:00 PM
7. Administrative Public Hearings
- Presentation of issues by City staff
- Statement of case by applicant or representative (5 min.)
- Council questions
- Comments in support or opposition (3 min. per speaker or 10 min
maximum as spokesperson for others that have waived their time)
- Council questions
- Final rebuttal by applicant or representative (5 min.)
- Council disposition
7.1Approve the annexation, initial Future Land Use Map designations of Residential Low (RL), Preservation
(P) and Drainage Feature Overlay and initial Zoning Atlas designations of Low Medium Density
Residential (LMDR) and Preservation (P) districts for 1861 and 1880 Diane Drive; 1744 Evans Drive;
1716 and 1733 Grove Drive; 1765 Lucas Drive; 1806 Marilyn Drive; 1848 and 1851 Skyland Drive; 2720
and 2724 Morningside Drive; and 2724 and 2728 Woodring Drive (all parcels are located in Section 05,
Township 29 South, Range 16 East); and pass Ordinances 8392-13, 8393-13 and 8394-13 on first reading.
(ATA2013-01001)
Attachments
7.2Approve the Annexation, Initial Land Use Plan Designation of Residential Low (RL) and Initial Zoning
Atlas Designation of Low Medium Density Residential (LMDR) District for 1825 Carlton Drive (Lot 4,
Block C, Carlton Terrace in Section 5, Township 29 South, Range 16 East); and pass Ordinances 8389-
13, 8390-13 and 8391-13 on first reading. (ANX2013-01002)
Attachments
8. Second Readings - Public Hearing
8.1Adopt Ordinance 8383-13 on second reading, vacating that certain 40-foot platted right-of-way abutting
and lying east of Lots 4, 5, 6, 14, 15, 16, 17 and 18, dedicated and described in the Plat titled “Elysium –
Phase 1” as recorded in Plat Book 93, Pages 41-46, public records of Pinellas County, Florida, subject to
conditions.
Attachments
City Manager Reports
9. Consent Agenda
9.1Approve request from 1409 Alpine Road, LLC to sell 4 condominium units at $117,000, write-off
remainder of HOME loan balance estimated at $401,131.54, and authorize the appropriate officials to
execute same. (consent)
Attachments
9.2Approve renewal of the City’s Statutory Death Benefits Policy with The Hartford Financial Services
Group, providing accidental death and disability coverages for all full-time Law Enforcement Officers,
Firefighters, and applicable Administrators, for the two-year period retroactive to October 1, 2012 and
continuing through September 30, 2014, at a cost of $21,818, pre-paid for the two-year period. (consent)
Attachments
9.3Accept a Modification of Deed granted by U.S. Home Corporation, former owners of real property
currently owned by the City for use as the Countryside Recreation Center. (consent)
Attachments
9.4Award a contract (purchase order) to Landscape Structures Inc. of Delano, MN for the construction and
installation of a one of a kind Sand Castle Playground and Welcome sign at Pier 60 Park for $438,881 and
approve the transfer of $100,000 from unappropriated retained earnings to CIP 315-93624 Pier 60 Park
Repair and Improvement at mid-year, to construct a military flag plaza to be located in Pier 60 Park.
(consent)
Attachments
9.5Approve co-sponsorship and waiver of requested City fees and service charges for Fiscal Year 2013/14
special events, including five annual City events and fourteen City co-sponsored events, at an estimated
General Fund cost of $382,685 ($24,300 cash contributions and $358,385 in-kind contributions) and
Enterprise Fund cost and fee waiver of $86,410, for the purposes of Fiscal Year 2013/14 departmental
budget submittals. (consent)
Attachments
9.6Award a Contract (Purchase Order) for $253,497.00 to RingPower of Riverview, FL for one Caterpillar
M322 Hydraulic Excavator, Wheeled Type, in accordance with Sec. 2.564(1)(d), Code of Ordinances -
Other Governmental bid; authorize lease purchase under the City's Master Lease Purchase Agreement and
authorize the appropriate officials to execute same. (consent)
Attachments
9.7Award a Contract (Purchase Order) for $303,520.10 to Rush Truck Center of Tampa, FL for one Peterbilt
Model 320 chassis with E-Z Pack CFL 35 Cubic Yard 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
9.8Approve a $252,000.00 Blanket Purchase Order, from May 1, 2013 through April 30, 2014, to Water
Specialists Technologies LLC, of Sanford, FL for the purchase of copper precipitant TR-50, and authorize
the appropriate officials to execute same. (consent)
Attachments
9.9Approve a Blanket Purchase Order to T. Wayne Hill Trucking, Inc., of Bartow, FL in the amount of
$1,636,000.08 for biosolids services for a one-year period with two optional annual extensions, and
authorize the appropriate officials to execute same. (consent)
Attachments
9.10Approve Change Order 2 to Layne Inliner, LLC in the amount of $420,000.00 for sanitary sewer line
cleaning and inspection at various locations throughout the City of Clearwater for a new contract total of
$1,620,000.00; and authorize the appropriate officials to execute same. (consent)
Attachments
9.11Approve Parking Consultant of Record contracts with Kimley-Horn and Associates; TimHaahs; and
Walker Parking Consultants for a period of three years, commencing April 22, 2013, and authorize the
appropriate officials to execute same. (consent)
Attachments
9.12Award a contract to Steve’s Excavating and Paving Inc. of Clearwater, Florida, for Tropic Hills
Stormwater Outfall Project Phase III (11-0040-EN), in the amount of $1,449,371.28, which is the lowest
responsible bid received in accordance with the plans and specifications and authorize the appropriate
officials to execute same. (consent)
Attachments
9.13Appoint Carolyn Byrd and Karen Cunningham to the Public Art and Design Board with terms to expire
April 30, 2017 and appoint Neale A. Stralow to the Public Art and Design Board to fill the remainder of
an unexpired term to expire February 28, 2014.
Attachments
9.14Approve the 2013 Federal Legislative Package.
Attachments
10. Other Items on City Manager Reports
10.1 Authorize the execution of Supplemental Joint Participation Agreement (JPA) Number 1 between the City
of Clearwater and the State of Florida Department of Transportation (FDOT); approve transferring
$6,215.16 from Airpark Retained Earnings to cover the City 20% match for Airpark improvements, and
adopt Resolution 13-07.
Attachments
Miscellaneous Reports and Items
11. City Manager Verbal Reports
11.1City Manager Verbal Reports
Attachments
12. Closing Comments by Mayor
13. Adjourn
City Council Agenda
Council Chambers - City Hall
Meeting Date:4/18/2013
SUBJECT / RECOMMENDATION:
Service Awards
SUMMARY:
5 Years of Service
John Pittman Solid Waste
Michael Hasty Police
Margaret Hasty Police
10 Years of Service
Felicia Leonard Parks and Recreation
Louis Beem Solid Waste
Kelly Hollinger Finance
Michael Olsa Public Utilities
15 Years of Service
Georgia Calder Parks and Recreation
20 Years of Service
James Charon Public Utilities
Ramon Cosme Police
Ethridge Hall Police
Joyce Kirchoffer Library
25 Years of Service
Larry Roberts Engineering/Stormwater
William New Public Utilities
Review Approval:
Cover Memo
Item # 1
City Council Agenda
Council Chambers - City Hall
Meeting Date:4/18/2013
SUBJECT / RECOMMENDATION:
Child Abuse Prevention Month Proclamation - Mike Carroll, SunCoast Regional Director of the Department of Children and
Families.
SUMMARY:
Review Approval:
Cover Memo
Item # 2
City Council Agenda
Council Chambers - City Hall
Meeting Date:4/18/2013
SUBJECT / RECOMMENDATION:
Clearwater Fire and Rescue Local 1158 Appreciation Month Proclamation - Lt. Patrick Conrey with Clearwater Fire and Rescue
SUMMARY:
Review Approval:
Cover Memo
Item # 3
City Council Agenda
Council Chambers - City Hall
Meeting Date:4/18/2013
SUBJECT / RECOMMENDATION:
National Crime Victims Week Proclamation - Yolanda Cowart, Founder of the Springtime Club
SUMMARY:
Review Approval:
Cover Memo
Item # 4
City Council Agenda
Council Chambers - City Hall
Meeting Date:4/18/2013
SUBJECT / RECOMMENDATION:
Arbor Day Proclamation - Chuck Porthouse, Parks and Rec.
SUMMARY:
Review Approval:
Cover Memo
Item # 5
City Council Agenda
Council Chambers - City Hall
Meeting Date:4/18/2013
SUBJECT / RECOMMENDATION:
Pinellas County Economic Development Presentation - Mike Meidel, Dir. Pinellas County Economic Development
SUMMARY:
Review Approval:
Cover Memo
Item # 6
City Council Agenda
Council Chambers - City Hall
Meeting Date:4/18/2013
SUBJECT / RECOMMENDATION:
Approve the minutes of the April 4, 2013 City Council Meeting as submitted in written summation by the City Clerk.
SUMMARY:
Review Approval:
Cover Memo
Item # 7
Council 2013-04-04 1
CITY COUNCIL MEETING MINUTES
CITY OF CLEARWATER
April 4, 2013
Present: Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember
Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember
Jay E. Polglaze.
Also Present: Jill S. Silverboard - Assistant City Manager, Rod Irwin - Assistant City
Manager, Pamela K. Akin - City Attorney, Rosemarie Call - City Clerk,
and Nicole Sprague - Official Records and Legislative Services
Coordinator.
To provide continuity for research, items are in agenda order although not
necessarily discussed in that order.
Unapproved
1.
Call to Order – Mayor George N. Cretekos
The meeting was called to order at 6:00 p.m. at City Hall.
2.
Invocation- Pastor Pat Glenn from Clearwater First Nazarene Church
3.
Pledge of Allegiance – Vice Mayor Paul Gibson
4. Presentations - Given.
4.1
Military Family and Community Covenant Day Proclamation, April 17, 2013 - Bob
Swick, Chairman of the Tampa Bay Veterans Alliance.
4.2
Civitan Month Proclamation, April 2013 - Earle Lusk, President of the Clearwater
Civitan Club
4.3
Clearwater Recognition Day for National Service Proclamation, April 9, 2013 -
Karen Maldonado
4.4
National Library Week Proclamation, April 14-17, 2013 - Barbara Pickell.
4.5
PSTA Planning Update - Brad Miller, CEO - Pinellas Suncoast Transit Authority
(PSTA)
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Attachment number 1 \nPage 1 of 12
Item # 7
Council 2013-04-04 2
Mr. Miller provided a PowerPoint presentation regarding recent initiatives for improving
transportation in Pinellas County and reviewed the Green Light Pinellas outreach
program and the transit tax referendum for November 2014.
5. Approval of Minutes 5.1
Approve the minutes of the March 6, 2013 and the March 21, 2013 City Council
Meetings as submitted in written summation by the City Clerk.
Councilmember Bill Jonson moved to approve the minutes of the March 6, 2013 City
Council Meeting as submitted in written summation by the City Clerk. The motion was
duly seconded and carried unanimously.
Councilmember Doreen Hock-DiPolito moved to approve the minutes of the March 21,
2013 City Council Meeting as submitted in written summation by the City Clerk. The
motion was duly seconded and carried unanimously.
6.
Citizens to be Heard re Items Not on the Agenda
Albert Brylewski
, Rustlewood Condos Representative, expressed concerns with
construction noise and garbage on their property from Countryside Mall and lack of
barrier separating the residential community from the mall.
Public Hearings - Not before 6:00 PM
7. Administrative Public Hearings 7.1
Approve the request from eight owners of real property within the City of
Clearwater to vacate a portion of unimproved right-of-way of Landmark Drive;
and pass Ordinance 8383-13 on first reading. (VAC2013-02)
Eight residents of Elysium subdivision have collectively submitted a request to
vacate an unimproved portion of Landmark Drive right-of-way. The combined
property owned by the eight applicants abuts the entire west boundary of the
right-of-way proposed for vacation. The subject portion of Landmark Drive is a 40-
foot right-of-way approximately 1,300 feet long with its southern terminus at Union
Street. The right-of-way was created by a dedication in the Elysium plat in 1986.
At this time, the City has no plans to construct this roadway.
In addition, the property abutting the east boundary of the right-of-way is a 19.86-
acre parcel that the City has unsuccessfully attempted to purchase. The most
recent discussions occurred in September 2012, at which time a third party
entered into a contract with the owner for the purchase of the property. The
property is currently under contract. The property abutting the east boundary of
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Attachment number 1 \nPage 2 of 12
Item # 7
Council 2013-04-04 3
the right-of way is located within unincorporated Pinellas County and is currently
being considered for development. The development could include improvement
of the right-of-way proposed for vacation. The developer has consulted with City
staff as the proposal may include City annexation of a completed subdivision. The
development is in the early planning stages and has not been submitted to City
staff for formal review. One of the applicants of the vacation request is a city
employee. The City, Progress Energy, Bright House and Knology each own and
maintain facilities in the right-of-way. The City will retain an easement over the
vacated area for use by the City, Bright House and Knology. All eight landowners
abutting the west boundary of the right-of-way will be required to convey
distribution easements to Progress Energy.
The Engineering Department conducted an interdepartmental review of the
vacation request. All City service and utility providers, potentially affected by the
vacation, have no objection to the request.
In response to questions, Planning and Development Director Michael Delk said the
developer just applied for the development review process; staff has not completed the
review process. The City Attorney said the vacation request was submitted by the
neighborhood not the developer. The neighborhood has requested the City remove the
right-of-way over the 40 ft. strip of property, the City would retain easements for utilities;
the property would no longer be a public right-of-way or developable by the City for a
roadway.
In response to a suggestion, the City Attorney said if Council approves Item 7.1 and the
neighborhood and developer negotiate a compromise, Council would amend the
vacating ordinance and hold a new first and second reading. Should Council decide not
to vacate on second reading, Council may vote in opposition.
Seven individuals spoke in support, one individual spoke in opposition, and one
individual supported continuing the item.
Councilmember Doreen Hock-DiPolito moved to approve the request from eight owners
of real property within the City of Clearwater to vacate a portion of unimproved right-of-
way of Landmark Drive. The motion was duly seconded and carried unanimously.
Ordinance 8383-13 was presented and read by title only. Vice Mayor Paul Gibson
moved to pass Ordinance 8383-13 on first reading. The motion was duly seconded and
upon roll call, the vote was:
"Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember
Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember
Jay E. Polglaze.
Draft
Attachment number 1 \nPage 3 of 12
Item # 7
Council 2013-04-04 4
"Nays": None.
8. Second Readings - Public Hearing
8.1
Adopt Ordinance 8376-13 on second reading, annexing certain real property
whose post office address is 1705 Evans Drive, into the corporate limits of the
city and redefining the boundary lines of the city to include said addition.
Ordinance 8376-13 was presented and read by title only. Councilmember Bill Jonson
moved to adopt Ordinance 8376-13 on second and final reading. The motion was duly
seconded and upon roll call, the vote was:
"Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember
Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember
Jay E. Polglaze.
"Nays": None.
8.2
Adopt Ordinance 8377-13 on second reading, amending the future land use plan
element of the Comprehensive Plan of the city to designate the land use for
certain real property whose post office address is 1705 Evans Drive, upon
annexation into the City of Clearwater, as Residential Low (RL).
Ordinance 8377-13 was presented and read by title only. Councilmember Doreen
Hock-DiPolito moved to adopt Ordinance 8377-13 on second and final reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember
Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember
Jay E. Polglaze.
"Nays": None.
8.3
Adopt Ordinance 8378-13 on second reading, amending the Zoning Atlas of the
city by zoning certain real property whose post office address is 1705 Evans
Drive, upon annexation into the City of Clearwater, as Low Medium Density
Residential (LMDR).
Ordinance 8378-13 was presented and read by title only. Councilmember Jay E.
Polglaze moved to adopt Ordinance 8378-13 on second and final reading. The motion
was duly seconded and upon roll call, the vote was:
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Attachment number 1 \nPage 4 of 12
Item # 7
Council 2013-04-04 5
"Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember
Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember
Jay E. Polglaze.
"Nays": None.
8.4
Adopt Ordinance 8379-13 on second reading, annexing certain real property
whose post office address is 1200 Aloha Lane, together with the abutting right-
of-way of Douglas Avenue, into the corporate limits of the city and redefining the
boundary lines of the city to include said addition.
Ordinance 8379-13 was presented and read by title only. Vice Mayor Paul Gibson
moved to adopt Ordinance 8379-13 on second and final reading. The motion was duly
seconded and upon roll call, the vote was:
"Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember
Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember
Jay E. Polglaze.
"Nays": None.
8.5
Adopt Ordinance 8380-13 on second reading, amending the future land use plan
element of the Comprehensive Plan of the city to designate the land use for
certain real property whose post office address is 1200 Aloha Lane, together
with the abutting right-of-way of Douglas Avenue, upon annexation into the City
of Clearwater, as Residential Urban (RU).
Ordinance 8380-13 was presented and read by title only. Councilmember Bill Jonson
moved to adopt Ordinance 8380-13 on second and final reading. The motion was duly
seconded and upon roll call, the vote was:
"Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember
Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember
Jay E. Polglaze.
"Nays": None.
8.6
Adopt Ordinance 8381-13 on second reading, amending the Zoning Atlas of the
city by zoning certain real property whose post office address is 1200 Aloha
Lane, together with the abutting right-of-way of Douglas Avenue, upon
annexation into the City of Clearwater, as Low Medium Density Residential
(LMDR).
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Attachment number 1 \nPage 5 of 12
Item # 7
Council 2013-04-04 6
Ordinance 8381-13 was presented and read by title only. Councilmember Doreen
Hock-DiPolito moved to adopt Ordinance 8381-13 on second and final reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember
Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember
Jay E. Polglaze.
"Nays": None.
8.7
Adopt Ordinance 8374-13 on second reading, annexing certain real property
located on part of Sunset Point Road right-of-way and Hercules Avenue right-of-
way whose post office address is 1990 Sunset Point Road, into the corporate
limits of the city and redefining the boundary lines of the city to include said
addition.
Ordinance 8374-13 was presented and read by title only. Councilmember Jay E.
Polglaze moved to adopt Ordinance 8374-13 on second and final reading. The motion
was duly seconded and upon roll call, the vote was:
"Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember
Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember
Jay E. Polglaze.
"Nays": None.
8.8
Adopt Ordinance 8384-13 on second reading, amending the future land use
element of the Comprehensive Plan of the city to designate the land use for
certain real property located on part of Sunset Point Road right-of-way and
Hercules Avenue right-of- way whose post office address is 1990 Sunset Point
Road, upon annexation into the City of Clearwater as Commercial General (CG).
Ordinance 8384-13 was presented and read by title only. Vice Mayor Paul Gibson
moved to adopt Ordinance 8384-13 on second and final reading. The motion was duly
seconded and upon roll call, the vote was:
"Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember
Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember
Jay E. Polglaze.
"Nays": None.
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Attachment number 1 \nPage 6 of 12
Item # 7
Council 2013-04-04 7
8.9
Adopt Ordinance 8385-13 on second reading, amending the Zoning Atlas of the
city by zoning certain real property located on part of Sunset Point Road right-of-
way and Hercules Avenue right-of- way whose post office address is 1990
Sunset Point Road, upon annexation into the City of Clearwater, as Commercial
(C).
Ordinance 8385-13 was presented and read by title only. Councilmember Bill Jonson
moved to adopt Ordinance 8385-13 on second and final reading. The motion was duly
seconded and upon roll call, the vote was:
"Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember
Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember
Jay E. Polglaze.
"Nays": None.
8.10
Adopt Ordinance 8387-13 on second reading, amending the Operating Budget
for the Fiscal Year ending September 30, 2013 to reflect increases and
decreases in revenues and expenditures for the General Fund, Special
Development Fund, Special Program Fund, Water and Sewer Fund, Stormwater
Fund, Solid Waste Fund, Recycling Fund, Gas Fund, Marine Fund, Airpark Fund,
Clearwater Harbor Marina Fund, Parking Fund, Harborview Fund, General
Services Fund, Garage Fund, Administrative Services Fund, and Central
Insurance Fund.
Ordinance 8387-13 was presented and read by title only. Councilmember Doreen
Hock-DiPolito moved to adopt Ordinance 8387-13 on second and final reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember
Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember
Jay E. Polglaze.
"Nays": None.
8.11
Adopt Ordinance 8388-13 on second reading, amending the Capital
Improvement Budget for the Fiscal Year ending September 30, 2013, to reflect a
net increase of $10,149,548.
Ordinance 8388-13 was presented and read by title only. Councilmember Jay E.
Polglaze moved to adopt Ordinance 8388-13 on second and final reading. The motion
was duly seconded and upon roll call, the vote was:
"Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember
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Attachment number 1 \nPage 7 of 12
Item # 7
Council 2013-04-04 8
Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember
Jay E. Polglaze.
"Nays": None.
9.
Consent Agenda - Approved as submitted.
9.1
Award a contract (purchase order) to General Utilities Pipe and Supply in the
amount of $449,000 for gas steel pipe and fittings from April 1, 2013 through
March 31, 2014, and authorize the appropriate officials to execute same.
(consent)
9.2
Award a contract (purchase order) to General Utilities Pipe and Supply in the
amount of $417,000 for gas polyethylene pipe and fittings from April 1, 2013
through March 31, 2014, and authorize the appropriate officials to execute same.
(consent)
9.3
Award a contract (purchase order) to Elster American Meter in the amount of
$453,000 for gas meters and regulators from April 1, 2013 through March 31,
2014, and authorize the appropriate officials to execute same. (consent)
9.4
Approve a purchase order to Bright House Networks, Saint Petersburg, FL for
$311,544 for internet and network services to various city facilities for a 3-year
term with an extended end date of June 1, 2016, and authorize the appropriate
officials to execute same. (consent)
9.5
Award a contract (purchase order) to Precision Contracting Services, Inc.,
Jupiter, Florida for installation of fiber optic cable and conduit in an amount not to
exceed $159,000 in accordance with the best response to RFP 09-13 for Fiber
Optic Cable Installation, Conduit Boring and Fiber Maintenance Services and
authorize the appropriate officials to execute same. (consent)
9.6
Award a Contract (Purchase Order) for $159,760.00 to Broyhill Inc. of Dakota
City, Nebraska for one Load and Pack Refuse Collection Vehicle, in accordance
with Sec. 2.564(1)(b), Code of Ordinances - Sole Source; authorize lease
purchase under the City's Master Lease Purchase Agreement and authorize the
appropriate officials to execute same. (consent)
9.7 Award a Contract (Purchase Order) for $198,980.00 to Kenworth of Central
Florida of Orlando, FL for one Kenworth T800/T440 CNG - with Palfinger
Grapple 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.
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Attachment number 1 \nPage 8 of 12
Item # 7
Council 2013-04-04 9
(consent)
9.8
Award a Contract (Purchase Order) for $367,047.00 to Rush Truck Center of
Tampa, FL for two Peterbilt Model 384 Transfer Tractors, 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)
9.9
Approve Engineer of Record design Work Order to Kisinger Campo and
Associates of Tampa, Florida in the amount of $346,126 to prepare replacement
plans for four bridges in Island Estates (13-0004-EN) and authorize the
appropriate officials to execute same. (consent)
9.10
Award Construction Contract to TLC Diversified, Incorporated of Palmetto,
Florida for Lift Station 2 and 2A Rehabilitation (08-0050-UT) in the amount of
$337,645.00, which is the lowest responsible bid received in accordance with
plans and specifications, and authorize the appropriate officials to execute same.
(consent)
9.11
Award construction contract to TLC Diversified, Incorporated of Palmetto, Florida
for Lift Station 32 Rehabilitation (11-0062-UT) in the amount of $158,400.00,
which is the lowest responsible bid received in accordance with plans and
specifications, and authorize the appropriate officials to execute same. (consent)
9.12
Accept an Ingress/Egress Easement conveyed to the City of Clearwater by the
owners of real property within Lot 4, Renaissance Oaks First Addition, for use by
City service and utility providers. (consent)
9.13
Reappoint Thomas D. Black and Richard Porraro with terms to expire April 4,
2017; reappoint Edward O'Brien, Jr. with term to expire April 30, 2017; and
appoint William Bruce Brock to the Airpark Advisory Board with term to expire
April 30, 2017.
9.14
Reappoint Paul J. Kelley, Paul E. Lightfoot, and Eric D. Spaulding and appoint
Jane Davison Bongo to the Marine Advisory Board with terms to expire March
31, 2017.
9.15
Appoint Councilmembers as representatives to serve on various regional and
miscellaneous boards.
9.16 Amend Council Policy 18B to allow that Proclamations be issued to individuals,
companies, for profit organizations, profit making agencies, political
organizations or religious organizations for significant anniversary events.
Draft
Attachment number 1 \nPage 9 of 12
Item # 7
Council 2013-04-04 10
9.17
Authorize additional funding in the amount of $50,000 to Jeffrey Hinds of
Smolker, Bartlett, Schlosser, Loeb and; Hinds, P.A. for legal representation in
the cases of Divaco v City, Rudman V City, and Szlechta v. City. (consent)
9.18
Request for authority to institute a civil action on behalf of the City against K and
B Site Work, LLC, to recover $969.52 for damages to City property. (consent)
9.19
Request for authority to institute a civil action on behalf of the City against
Asphalt Engineering, Inc., to recover $4,314.01 for damages to City property.
(consent)
9.20
Request for authority to institute a civil action on behalf of the City against Space
Center, Inc., to recover $751.52 for damages to City property. (consent)
9.21
Request for authority to institute a civil action on behalf of the City against R.E.
Beckner Construction, Inc., to recover $1,429.54 for damages to City property.
(consent)
Councilmember Jay Polglaze moved to approve the Consent Agenda as submitted and
authorize the appropriate officials to execute same. The motion was duly seconded and
carried unanimously.
City Manager Reports
10. Other Items on City Manager Reports
10.1
Provide guidance on Crest Lake Park Redevelopment.
Current background on Crest Lake Park Level 1 maintenance, 52 services per
year, due to having a dog park. Funding in Neighborhood Park Renovations
CIP (Penny III) Fiscal Year 2017 - $650,000 Fiscal Year 2018 - $850,000
Annual operating maintenance cost $86,000. Contract maintenance for existing
restrooms $35,000, opening, closing and cleaning.
In response to questions, Parks and Recreation Director Kevin Dunbar said Marymont
Park is located off Airport Road, across from the Landings Golf Course. The facility’s
athletic field is leased to the Clearwater Bombers; the organization has restroom access
during their athletic activities. Mr. Dunbar said the neighborhood park element at
Marymont Park does not have restroom facilities. The Youth League maintains the
restroom facilities at Countryside Community Park and Sid Lickton. The City maintains
the restrooms facilities at Eddie Moore Complex because the City operates the athletic
programs.
Draft
Attachment number 1 \nPage 10 of 12
Item # 7
Council 2013-04-04 11
It was stated that the Crest Lake area has an active neighborhood association and
should have access to the existing restroom facilities during a special event.
Vice Mayor Paul Gibson moved to demolish the restrooms at Crest Lake Park. The
motion was duly seconded.
One individual spoke in support and ten individuals spoke in opposition. Three
individuals supported opening the restrooms temporarily and one individual supported
renovating the park.
The Council recessed from 8:15 p.m. to 8:23 p.m.
In response to questions, Police Chief Anthony Holloway said complaints regarding
loitering and suspicious activities decreased when the restroom facilities were closed. If
the restrooms were reopened, officers would be reassigned to the Crest Lake Park area
to ensure sufficient patrol resources. Chief Holloway said one officer and one
neighborhood officer currently patrol the entire Crest Lake area. Crime in the area is
decreasing.
Discussion ensued with concerns expressed regarding funding renovations to convert
the existing facility into a regional park. Support was expressed for opening the
restroom facilities for special events.
Upon the vote being taken, Mayor George Cretekos, Vice Mayor Paul Gibson and
Councilmember Doreen Hock-DiPolito voted “Aye”; Councilmembers Bill Jonson and
Jay Polglaze voted “Nay”.
Motion carried.
Councilmember Doreen Hock-DiPolito moved to authorize the use of General Fund
Reserves to demolish the Crest Lake Park restrooms for an amount not to exceed
$9,000. The motion was duly seconded. Mayor George Cretekos, Vice Mayor Paul
Gibson, and Councilmembers Doreen Hock-DiPolito and Bill Jonson voted “Aye”;
Councilmember Jay Polglaze voted “Nay”.
Motion carried.
In response to a question, Ms. Silverboard said $1.5 million in Penny for Pinellas funds
has been budgeted for Crest Lake Park improvements, which includes landscaping,
walkways, trails, and a fishing dock. Planned improvements do not include restroom
facilities or pavilions.
Draft
Attachment number 1 \nPage 11 of 12
Item # 7
Council 2013-04-04 12
Staff was directed to provide Council with recommended design elements and park
amenities for a renovated Crest Lake Park and estimated costs for each component.
10.2
Appointment of Vice Mayor
Councilmember Doreen Hock-DiPolito moved to appoint Councilmember Paul Gibson
as Vice Mayor. The motion was duly seconded.
Councilmember Bill Jonson expressed an interest to serve as Vice Mayor. He stated
that the role of vice mayor has traditionally rotated annually among councilmembers.
Upon the vote being taken, Mayor George Cretekos, Vice Mayor Paul Gibson, and
Councilmembers Doreen Hock-DiPolito and Jay Polglaze voted “Aye”; Councilmember
Bill Jonson voted “Nay”.
Motion carried.
Miscellaneous Reports and Items
11.
City Manager Verbal Reports – None.
12.
Closing Comments by Mayor
Mayor George N. Cretekos reviewed recent and upcoming events.
13.
Adjourn
The meeting adjourned at 9:10 p.m.
Mayor
City of Clearwater
Attest
City Clerk Draft
Attachment number 1 \nPage 12 of 12
Item # 7
City Council Agenda
Council Chambers - City Hall
Meeting Date:4/18/2013
SUBJECT / RECOMMENDATION:
Approve the annexation, initial Future Land Use Map designations of Residential Low (RL), Preservation (P) and Drainage
Feature Overlay and initial Zoning Atlas designations of Low Medium Density Residential (LMDR) and Preservation (P) districts
for 1861 and 1880 Diane Drive; 1744 Evans Drive; 1716 and 1733 Grove Drive; 1765 Lucas Drive; 1806 Marilyn Drive; 1848 and
1851 Skyland Drive; 2720 and 2724 Morningside Drive; and 2724 and 2728 Woodring Drive (all parcels are located in Section 05,
Township 29 South, Range 16 East); and pass Ordinances 8392-13, 8393-13 and 8394-13 on first reading. (ATA2013-01001)
SUMMARY:
The City of Clearwater Planning and Development Department identified an area within the Clearwater Planning Area with a large
concentration of properties with Agreements to Annex (ATAs) that are eligible for annexation. These properties are located east of
U.S. Highway 19, north of State Road 590 and south of Sunset Point Road. Subdivisions in this area include Virginia Grove
Terrace and Carlton Terrace. The Department identified a total of 189 properties in this area that could be annexed through a
phased approach over the next several years, and to date 146 properties have been annexed.
This application, which has been identified as Phase E of the overall annexation project, includes 13 of the 189 properties. Current
or previous owners of these properties entered into ATAs between 1983 and 2011 to obtain sanitary sewer service. The Planning
and Development Department is initiating this project to bring the properties into the City’s jurisdiction in compliance with the
terms and conditions set forth in the agreements. The Phase E properties are occupied by 13 detached dwellings on 2.57 acres of
land. It is proposed that approximately 1.64 acres ofright-of-way throughout this area on Woodring Drive, Grove Drive, Lucas
Drive, Marilyn Drive, Skyland Drive, and Terrace Drive right-of-way not currently within the city limits also be annexed (please
refer to the attached annexation map for the specific locations). It is proposed that the 13 properties be assigned a future land use
map designation of Residential Low (RL). A major drainage ditch traverses one of these properties (1744 Evans Drive) for which
the Preservation (P) and Drainage Feature Overlay designations are proposed consistent with the ditch boundaries. It is proposed
that all parcels be assigned the zoning designation of Low Medium Density Residential (LMDR) District. In addition, it is
proposed the property with the drainage ditch also be assigned the Preservation (P) zoning category.
The Planning and Development Department has determined that the proposed annexation is consistent with the provisions of
Community Development Code Section 4-604.E as follows:
· The properties currently receive sanitary sewer service from the City and water service from Pinellas County.
Collection of solid waste will be provided by the City. The properties are located within Police District III and
service will be administered through the district headquarters located at 2851 N. McMullen Booth Road. Fire
and emergency medical services will be provided to these properties by Station 48 located at 1700 Belcher
Road. The City has adequate capacity to serve the properties with solid waste, police, fire and EMS
service. Water service will continue to be provided by Pinellas County. The proposed annexations will not
have an adverse effect on public facility levels of service; and
· The proposed annexation is consistent with and promotes the following objectives and policy of the
Clearwater Comprehensive Plan:
Policy A.7.1.3: Invoke agreements to annex where properties located within enclaves meet the contiguity requirements of
Florida Statutes Chapter 171.
Objective A.6.4: Due to the built-out character of the City of Clearwater, compact urban development within the urban service
area shall be promoted through application of the Clearwater Community Development Code.
Objective A.7.2: Diversify and expand the City’s tax base through the annexation of a variety of land uses located within the
Clearwater Planning Area.
· The proposed Residential Low (RL), Preservation (P) and Drainage Feature Overlay Future Land Use Map
categories are consistent with the current Countywide Plan designation of the properties. The Residential Low
(RL) designation primarily permits residential uses at a density of 5.0 units per acre. The Preservation (P) and
Drainage Feature Overlay categories proposed to be applied to one property (1744 Evans Drive) recognize the
Cover Memo
Item # 8
watershed and drainage feature on the property. The proposed zoning districts to be assigned to the properties are
the Low Medium Density Residential (LMDR) District and Preservation (P) District. The uses of the subject
properties are consistent with the uses allowed in the Low Medium Density Residential (LMDR) District. All
of the properties meet the minimum dimensional requirements of the Low Medium Density Residential
(LMDR) District; therefore, the proposed annexation is consistent with the Countywide Plan, Clearwater
Comprehensive Plan, and Clearwater Community Development Code; and
· The properties proposed for annexation are contiguous to existing City boundaries along at least one property boundary;
therefore, the annexations are consistent with Florida Statutes Chapter 171.044.
Review Approval:
Cover Memo
Item # 8
LOCATION MAP
Owner MULTIPLE OWNERS Case: ATA2013-01001
Site: DIANE AREA PHASE E: Multiple lots south of Sunset Point
Road, east of US 19 and north of SR 590 (see next page)
Property Size (Acres):
Rights-of-way (Acres):
2.57 acres
1.64 acres
Land Use Zoning
PIN: Parcels—see next
page From:
To:
RL, P (County) R-3 (County)
RL, P / Drainage Feature LMDR, P (City)
Overlay (City) Atlas Page: 264A
TERRACE
DR
D R
CIR
WOODRING
SOUTH
DR
HARBOR
DR
OWEN
OWEN
DR
SKYLAND
LUCAS
EVANS
DR DR
MARILYN
DR
DR
AUD
RE
Y
CARLTON
Co
a
c
h
m
a
n
DR
CARDINAL
Pl
a
z
a
AUDREY
DR
CA
RD
INAL
DR
MORNINGSIDE
N TERRACE
DR
D R
CR-576
SPR
DIANE
GROVE
DR
THOMAS
DR
DR
DIANE
ANTHONY
DRDR
ST CROIX
EL TRINIDAD
ST JOHN
S
T
E
TER
D
Winwood Dr
C
SA
ST CR
DR
SR-590
SUNSET POINT RD
[
PROJECT
SITE
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Attachment number 1 \nPage 1 of 11
Item # 8
AERIAL PHOTOGRAPH
Owner MULTIPLE OWNERS Case: ATA2013-01001
Site: DIANE AREA PHASE E: Multiple lots south of Sunset Point
Road, east of US 19 and north of SR 590 (see next page)
Property Size (Acres):
Rights-of-way (Acres):
2.57 acres
1.64 acres
Land Use Zoning
PIN: Parcels—see next
page From:
To:
RL, P (County) R-3 (County)
RL, P / Drainage Feature LMDR, P (City)
Overlay (City) Atlas Page: 264A
1716
1733
1765
1744
27242720
1806
1848
1851
18 61
1880
2
7
2
8
2
7
2
4
SR 590 SR 590
EVANS DR
EVANS DR
OW
EN DR
OW
EN DR
LUCAS DR
LUCAS DR
MORNINGSID E D R MO RNIN GSIDE DR
SOUTH DR SOUTH DR
DIANE DR
DIANE DR
GROVE DR
GROVE DR
WOODRING DR WOODRING DR
AUDREY DR
AUDREY DR
ST. CROIX DR
ST. CROIX DR THOMAS DR
THOMAS DR
TERRACE DR TERRACE DR
EL TRINDAD
DR E
EL TRINDAD DR E
SKYLAND DR
SKYLAND DR
MARILYN DR
MA
RILYN DR
ST.
A
NT
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D
R
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T. A
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TH
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R
CARDINAL DR
CARDINAL DR DIAN E TER DIANE T ER
N T ERRACE DR N TERRACE DR
WINWOOD DR
WINWOOD DR
AUDREY DR
AUDREY DR
OWEN DR
OWEN DR
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Attachment number 1 \nPage 2 of 11
Item # 8
PROPOSED ANNEXATION MAP
Owner MULTIPLE OWNERS Case: ATA2013-01001
Site: DIANE AREA PHASE E: Multiple lots south of Sunset Point
Road, east of US 19 and north of SR 590 (see next page)
Property Size (Acres):
Rights-of-way (Acres):
2.57 acres
1.64 acres
Land Use Zoning
PIN: Parcels—see next
page From:
To:
RL, P (County) R-3 (County)
RL, P / Drainage Feature LMDR, P (City)
Overlay (City) Atlas Page: 264A
60
6
0
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1
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1716
1733
1765
1744
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1848
1851
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1880
2
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SR 590
EVANS DR
OW
EN DR
LUCAS DR
SOUTH DR
MO RNIN GSIDE DR
DIANE DR
GROVE DR
WOODRING DR
AUDREY DR
ST. CROIX DR
THOMAS DR
TERRACE DR
EL TRINDAD
DR E
SKYLAND DR
MARILYN DR
CARDINAL DR DIANE TER
N TERRACE DR
AUDREY DR
OWEN DR
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Attachment number 1 \nPage 3 of 11
Item # 8
FUTURE LAND USE MAP
Owner MULTIPLE OWNERS Case: ATA2013-01001
Site: DIANE AREA PHASE E: Multiple lots south of Sunset Point
Road, east of US 19 and north of SR 590 (see next page)
Property Size (Acres):
Rights-of-way (Acres):
2.57 acres
1.64 acres
Land Use Zoning
PIN: Parcels—see next
page From:
To:
RL, P (County) R-3 (County)
RL, P / Drainage Feature LMDR, P (City)
Overlay (City) Atlas Page: 264A
P*
1716
1733
1765
1744
27242720
1806
1848
1851
18 61
1880
2
7
2
8
2
7
2
4
IRL
RL
RLRLRL RLRLRL
RL RU
RL
RU
RL
RL
RL RL RL
RU
RL
RL
RL
RM
RL
RL
RM
P
RL
P
RU
RU
RL
RURLRLRU
RU
RU
RL
RU
RU
RU
RL
SR 590
EVAN
S D
R OW
EN DR
LUCAS DR
SOUTH DR
MO RNIN GSIDE DR
DIANE DR
GROVE DR
WOODRING DR
AUDREY DR
ST. CROIX DR
THOMAS DR
TERRACE DR
EL TRINDAD
DR E
SKYLAND DR
MARILYN DR
DIANE TER
N TERRACE DR
WINWOOD DR
AUDREY DR
OWEN DR
-N
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t
o
S
c
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* - Parcel 1744
Evans Dr. has “P”
(Preservation) and
Drainage Feature
Overlay
classifications in the
rear of the property.
Attachment number 1 \nPage 4 of 11
Item # 8
ZONING MAP
Owner MULTIPLE OWNERS Case: ATA2013-01001
Site: DIANE AREA PHASE E: Multiple lots south of Sunset Point
Road, east of US 19 and north of SR 590 (see next page)
Property Size (Acres):
Rights-of-way (Acres):
2.57 acres
1.64 acres
Land Use Zoning
PIN: Parcels—see next
page From:
To:
RL, P (County) R-3 (County)
RL, P / Drainage Feature LMDR, P (City)
Overlay (City) Atlas Page: 264A
P*
1716
1733
1765
1744
27242720
1806
1848
1851
18 61
1880
2
7
2
8
2
7
2
4
SR 590
EVANS DR
OW
EN DR
LUCAS DR
SOUTH DR
MO RNIN GSIDE DR
DIANE DR
GROVE DR
WOODRING DR
AUDREY DR
ST. CROIX DR THOMAS DR
TERRACE DR
EL TRINDAD DR E
SKYLAND DR
MARILYN DR
S
T.
A
N
THONY D
R
CARDINAL DR DIANE TER
N TERRACE DR
WINWOOD DR
AUDREY DR
OWEN DR
LMDR
O
LMDR
P
P
MDR
-N
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t
t
o
S
c
a
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-N
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* - Parcel 1744
Evans Dr. has
Zoning “P”
(Preservation)
in the rear of
the properties
*Parcel at 1744 Evans
Dr. will have “P”
(Preservation) zoning in
the rear of the property
to reflect corresponding
Future Land Use
designation.
Attachment number 1 \nPage 5 of 11
Item # 8
EXISTING SURROUNDING USES MAP
Owner MULTIPLE OWNERS Case: ATA2013-01001
Site: DIANE AREA PHASE E: Multiple lots south of Sunset Point
Road, east of US 19 and north of SR 590 (see next page)
Property Size (Acres):
Rights-of-way (Acres):
2.57 acres
1.64 acres
Land Use Zoning
PIN: Parcels—see next
page From:
To:
RL, P (County) R-3 (County)
RL, P / Drainage Feature LMDR, P (City)
Overlay (City) Atlas Page: 264A
60
6
0
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60
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71424
94392
94374
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94338
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21092
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EVANS DR
OW
EN DR
LUCAS DR
SOUTH DR
MO RNIN GSIDE DR
DIANE DR
GROVE DR
WOODRING DR
AUDREY DR
ST. CROIX DR
THOMAS DR
TERRACE DR
EL TRINDAD
DR E
SKYLAND DR
MARILYN DR
CARDINAL DR DIANE TER
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AUDREY DR
OWEN DR
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Single Family Residential
Single Family Residential
Attachment number 1 \nPage 6 of 11
Item # 8
LEGAL DESCRIPTIONS
ATA2013‐01001 (Diane Area ATAs, Phase E)
--------------------------------------------------------------------------------------------------------------------------------------------
Parcel ID Legal Description Address
05-29-16-13554-010-0010 Lot 1, Block J 1861 Diane Drive
05-29-16-13554-006-0100 Lot 10, Block F 1880 Diane Drive
05-29-16-13554-007-0100 Lot 10, Block G 1806 Marilyn Drive
05-29-16-13554-008-0080 Lot 8, Block H 2720 Morningside Drive
05-29-16-13554-008-0090 Lot 9, Block H 2724 Morningside Drive
05-29-16-13554-008-0170 Lot 17, Block H 1848 Skyland Drive
05-29-16-13554-009-0010 Lot 1, Block I 1851 Skyland Drive
05-29-16-13554-006-0150 Lot 15, Block F 2724 Woodring Drive
05-29-16-13554-006-0140 Lot 14, Block F 2728 Woodring Drive
together with:
All Right of Way of Woodring Drive abutting Lot 15, Block F thru Lot 1, Block J, and all Right of Way of
Skyland Dr. abutting Lot 1, Block I, and Lot 9, Block H, and all Right of Way of Marilyn Dr. abutting Lot 8,
Block H
all the above in Carlton Terrace First Addition subdivision, as recorded in Plat Book 43 on Page 39, of the
Public Records of Pinellas County, Florida.
--------------------------------------------------------------------------------------------------------------------------------------------
Parcel ID Legal Description Address
05-29-16-94338-004-0050 Lot 5, Block 4 1716 Grove Dr.
05-29-16-94338-002-0220 Lot 22, Block 2 1733 Grove Dr.
together with:
All Right of Way of Grove Drive abutting Lot 5, Block 4
all the above in Virginia Grove Terrace First Addition subdivision, as recorded in Plat Book 37 on Page 62, of
the Public Records of Pinellas County, Florida.
--------------------------------------------------------------------------------------------------------------------------------------------
Parcel ID Legal Description Address
05-29-16-94374-005-0160 Lot 16, Block 5 1765 Lucas Dr.
together with:
All Right of Way of Lucas Drive and Terrace Drive abutting Lot 16, Block 5
all the above in Virginia Grove Terrace Third Addition subdivision, as recorded in Plat Book 37 on Page 74, of
the Public Records of Pinellas County, Florida.
--------------------------------------------------------------------------------------------------------------------------------------------
Parcel ID Legal Description Address
05-29-16-94392-007-0120 Lot 12, Block 7 1744 Evans Dr.
all the above in Virginia Grove Terrace Fourth Addition subdivision, as recorded in Plat Book 37 on Page 75, of
the Public Records of Pinellas County, Florida.
--------------------------------------------------------------------------------------------------------------------------------------------
Attachment number 1 \nPage 7 of 11
Item # 8
1861 Diane Drive1880 Diane Drive
1806 Marilyn Drive2720 Morningside Drive
2724 Morningside Drive1848 SkylandDrivegy
ATA2013-01001
“Diane” Area –Phase E (13 lots)
Generally located south of Sunset Point Road, east of US 19, and north of State Road 590
Page 1 of 4
Attachment number 1 \nPage 8 of 11
Item # 8
1851 SkylandDrive2724 WoodringDrive
2728 WoodringDrive1716 Grove Drive
1733 Grove Drive1765 Lucas DriveATA2013-01001
“Diane” Area –Phase E (13 lots)
Generally located south of Sunset Point Road, east of US 19, and north of State Road 590
Page 2 of 4
Attachment number 1 \nPage 9 of 11
Item # 8
1744 Evans DriveLooking westerly along WoodringDrive
Looking easterly along WoodringDriveLooking northerly along Marilyn Drive
Looking southerly along SkylandDriveLooking northerly along SkylandDrive
ATA2013-01001
“Diane” Area –Phase E (13 lots)
Generally located south of Sunset Point Road, east of US 19, and north of State Road 590
Page 3 of 4
Attachment number 1 \nPage 10 of 11
Item # 8
Looking southerly along Evans DriveLooking southerly along Lucas Drive
Looking easterly along Terrace DriveLooking northerly along Grove Drive
ATA2013-01001
“Diane” Area –Phase E (13 lots)
Generally located south of Sunset Point Road, east of US 19, and north of State Road 590
Page 4 of 4
Attachment number 1 \nPage 11 of 11
Item # 8
Ordinance No. 8392-13
ORDINANCE NO. 8392-13
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, ANNEXING CERTAIN REAL PROPERTY
LOCATED GENERALLY EAST OF US HIGHWAY 19,
NORTH OF SR 590, AND SOUTH OF SUNSET POINT
ROAD, CONSISTING OF A PORTION OF SECTION 5,
TOWNSHIP 29 SOUTH, RANGE 16 EAST, WHOSE POST
OFFICE ADDRESSES ARE 1861 AND 1880 DIANE DRIVE,
1806 MARILYN DRIVE, 2720 AND 2724 MORNINGSIDE
DRIVE, 1848 AND 1851 SKYLAND DRIVE, 2724 AND 2728
WOODRING DRIVE, 1716 AND 1733 GROVE DRIVE, 1765
LUCAS DRIVE AND 1744 EVANS DRIVE TOGETHER WITH
ALL RIGHT OF WAY OF WOODRING DRIVE ABUTTING
LOT 15, BLOCK F THRU LOT 1, BLOCK J, AND ALL RIGHT
OF WAY OF SKYLAND DRIVE ABUTTING LOT 1, BLOCK I,
AND LOT 9, BLOCK H, AND ALL RIGHT OF WAY OF
MARILYN DRIVE ABUTTING LOT 8, BLOCK H IN
CARLTON TERRACE FIRST ADDITION SUBDIVISION; ALL
RIGHT OF WAY OF GROVE DRIVE ABUTTING LOT 5,
BLOCK 4, IN VIRGINIA GROVE TERRACE FIRST
ADDITION SUBDIVISION; ALL RIGHT OF WAY OF LUCAS
DRIVE AND TERRACE DRIVE ABUTTING LOT 16, BLOCK
5, IN VIRGINIA GROVE TERRACE THIRD ADDITION
SUBDIVISION INTO THE CORPORATE LIMITS OF THE
CITY, AND REDEFINING THE BOUNDARY LINES OF THE
CITY TO INCLUDE SAID ADDITION; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the owner of the real property described herein and depicted on the
map attached hereto as Exhibit B has petitioned the City of Clearwater to annex the
property into the City pursuant to Section 171.044, Florida Statutes, and the City has
complied with all applicable requirements of Florida law in connection with this ordinance;
now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The following-described property is hereby annexed into the City of
Clearwater and the boundary lines of the City are redefined accordingly:
See attached legal descriptions, Exhibit A. (ATA2013-01001)
The map attached as Exhibit B is hereby incorporated by reference.
Attachment number 2 \nPage 1 of 4
Item # 8
Ordinance No. 8392-13
Section 2. The provisions of this ordinance are found and determined to be
consistent with the City of Clearwater Comprehensive Plan. The City Council hereby
accepts the dedication of all easements, parks, rights-of-way and other dedications to the
public, which have heretofore been made by plat, deed or user within the annexed
property. The City Engineer, the City Clerk and the Planning and Development Director
are directed to include and show the property described herein upon the official maps and
records of the City.
Section 3. This ordinance shall take effect immediately upon adoption. The City
Clerk shall file certified copies of this ordinance, including the map attached hereto, with
the Clerk of the Circuit Court and with the County Administrator of Pinellas County,
Florida, within 7 days after adoption, and shall file a certified copy with the Florida
Department of State within 30 days after adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
________________________________
George N. Cretekos
Mayor
Approved as to form: Attest:
___________________________ ____________________________________
Leslie K. Dougall-Sides Rosemarie Call
Assistant City Attorney City Clerk
Attachment number 2 \nPage 2 of 4
Item # 8
Attachment number 2 \nPage 3 of 4
Item # 8
Attachment number 2 \nPage 4 of 4
Item # 8
Ordinance No. 8393-13
ORDINANCE NO. 8393-13
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE
COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE
LAND USE FOR CERTAIN REAL PROPERTY LOCATED
GENERALLY EAST OF US HIGHWAY 19, NORTH OF SR 590,
AND SOUTH OF SUNSET POINT ROAD, CONSISTING OF A
PORTION OF SECTION 5, TOWNSHIP 29 SOUTH, RANGE 16
EAST, WHOSE POST OFFICE ADDRESSES ARE 1861 AND
1880 DIANE DRIVE, 1806 MARILYN DRIVE, 2720 AND 2724
MORNINGSIDE DRIVE, 1848 AND 1851 SKYLAND DRIVE, 2724
AND 2728 WOODRING DRIVE, 1716 AND 1733 GROVE DRIVE,
1765 LUCAS DRIVE AND 1744 EVANS DRIVE TOGETHER
WITH ALL RIGHT OF WAY OF WOODRING DRIVE ABUTTING
LOT 15, BLOCK F THRU LOT 1, BLOCK J, AND ALL RIGHT OF
WAY OF SKYLAND DRIVE ABUTTING LOT 1, BLOCK I, AND
LOT 9, BLOCK H, AND ALL RIGHT OF WAY OF MARILYN
DRIVE ABUTTING LOT 8, BLOCK H IN CARLTON TERRACE
FIRST ADDITION SUBDIVISION; ALL RIGHT OF WAY OF
GROVE DRIVE ABUTTING LOT 5, BLOCK 4, IN VIRGINIA
GROVE TERRACE FIRST ADDITION SUBDIVISION; ALL RIGHT
OF WAY OF LUCAS DRIVE AND TERRACE DRIVE ABUTTING
LOT 16, BLOCK 5, IN VIRGINIA GROVE TERRACE THIRD
ADDITION SUBDIVISION, UPON ANNEXATION INTO THE CITY
OF CLEARWATER, AS RESIDENTIAL LOW (RL),
PRESERVATION (P), AND DRAINAGE FEATURE OVERLAY;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the amendment to the future land use plan element of the comprehensive plan
of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is
consistent with the City's comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The future land use plan element of the comprehensive plan of the City of
Clearwater is amended by designating the land use category for the hereinafter described property,
upon annexation into the City of Clearwater, as follows:
Property Land Use Category
See attached legal descriptions, Exhibit A Residential Low (RL)
(ATA2013- 01001) Preservation (P)
Drainage Feature Overlay
The map attached as Exhibit B is hereby incorporated by reference.
Section 2. The City Council does hereby certify that this ordinance is consistent with
the City’s comprehensive plan.
Attachment number 3 \nPage 1 of 4
Item # 8
Ordinance No. 8393-13
Section 3. This ordinance shall take effect immediately upon adoption, contingent upon
and subject to the adoption of Ordinance No. 8392-13.
PASSED ON FIRST READING _____________________
PASSED ON SECOND AND FINAL _____________________
READING AND ADOPTED
__________________________
George N. Cretekos
Mayor
Approved as to form: Attest:
__________________________ __________________________
Leslie K. Dougall-Sides Rosemarie Call
Assistant City Attorney City Clerk
Attachment number 3 \nPage 2 of 4
Item # 8
Attachment number 3 \nPage 3 of 4
Item # 8
Attachment number 3 \nPage 4 of 4
Item # 8
Ordinance No. 8394-13
ORDINANCE NO. 8394-13
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY
BY ZONING CERTAIN REAL PROPERTY LOCATED
GENERALLY EAST OF US HIGHWAY 19, NORTH OF SR
590, AND SOUTH OF SUNSET POINT ROAD,
CONSISTING OF A PORTION OF SECTION 5, TOWNSHIP
29 SOUTH, RANGE 16 EAST, WHOSE POST OFFICE
ADDRESSES ARE 1861 AND 1880 DIANE DRIVE, 1806
MARILYN DRIVE, 2720 AND 2724 MORNINGSIDE DRIVE,
1848 AND 1851 SKYLAND DRIVE, 2724 AND 2728
WOODRING DRIVE, 1716 AND 1733 GROVE DRIVE, 1765
LUCAS DRIVE AND 1744 EVANS DRIVE TOGETHER WITH
ALL RIGHT OF WAY OF WOODRING DRIVE ABUTTING
LOT 15, BLOCK F THRU LOT 1, BLOCK J, AND ALL RIGHT
OF WAY OF SKYLAND DRIVE ABUTTING LOT 1, BLOCK I,
AND LOT 9, BLOCK H, AND ALL RIGHT OF WAY OF
MARILYN DRIVE ABUTTING LOT 8, BLOCK H IN
CARLTON TERRACE FIRST ADDITION SUBDIVISION; ALL
RIGHT OF WAY OF GROVE DRIVE ABUTTING LOT 5,
BLOCK 4, IN VIRGINIA GROVE TERRACE FIRST
ADDITION SUBDIVISION; ALL RIGHT OF WAY OF LUCAS
DRIVE AND TERRACE DRIVE ABUTTING LOT 16, BLOCK
5, IN VIRGINIA GROVE TERRACE THIRD ADDITION
SUBDIVISION; UPON ANNEXATION INTO THE CITY OF
CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL
(LMDR) AND PRESERVATION (P); PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the assignment of a zoning district classification as set forth in this
ordinance is found to be reasonable, proper and appropriate, and is consistent with the
City's comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The following described property located in Pinellas County, Florida, is
hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning
atlas of the City is amended, as follows:
Property Zoning District
See attached legal descriptions, Low Medium Density
Exhibit A Residential (LMDR)
(ATA2013-01001) Preservation (P)
The map attached as Exhibit B is hereby incorporated by reference.
Attachment number 4 \nPage 1 of 4
Item # 8
Ordinance No. 8394-13
Section 2. The City Engineer is directed to revise the zoning atlas of the City in
accordance with the foregoing amendment.
Section 3. This ordinance shall take effect immediately upon adoption, contingent
upon and subject to the adoption of Ordinance No. 8392-13.
PASSED ON FIRST READING ___________________________
PASSED ON SECOND AND FINAL ___________________________
READING AND ADOPTED
_______________________________
George N. Cretekos
Mayor
Approved as to form: Attest:
__________________________ ______________________________
Leslie K. Dougall-Sides Rosemarie Call
Assistant City Attorney City Clerk
Attachment number 4 \nPage 2 of 4
Item # 8
Attachment number 4 \nPage 3 of 4
Item # 8
Attachment number 4 \nPage 4 of 4
Item # 8
City Council Agenda
Council Chambers - City Hall
Meeting Date:4/18/2013
SUBJECT / RECOMMENDATION:
Approve the Annexation, Initial Land Use Plan Designation of Residential Low (RL) and Initial Zoning Atlas Designation of Low
Medium Density Residential (LMDR) District for 1825 Carlton Drive (Lot 4, Block C, Carlton Terrace in Section 5, Township 29
South, Range 16 East); and pass Ordinances 8389-13, 8390-13 and 8391-13 on first reading. (ANX2013-01002)
SUMMARY:
This voluntary annexation petition involves a 0.176-acre property consisting of one parcel of land occupied by a
single-family dwelling. It is located on the east side of Carlton Drive, approximately 233 feet south of Woodring
Drive. The applicant is requesting this annexation in order to receive sanitary sewer and solid waste service from
the City. The property is located within an enclave and is contiguous to existing City boundaries to the west. It is
proposed that the property be assigned a Future Land Use Plan designation of Residential Low (RL) and a zoning
category of Low Medium Density Residential (LMDR).
The Planning and Development Department determined that the proposed annexation is consistent with the provisions of
Community Development Code Section 4-604.E as follows:
The property currently receives water service from the City. The closest sanitary sewer line is located in the adjacent Carlton Drive
right-of-way. The applicant has paid the City's sewer impact and assessment fees and is aware of the additional costs to extend
City sewer service to this property. Collection of solid waste will be provided by the City of Clearwater. The property is located
within Police District III and service will be administered through the district headquarters located at 2851 N. McMullen Booth
Road. Fire and emergency medical services will be provided to this property by Station 48 located at 1700 N. Belcher Road. The
City has adequate capacity to serve this property with sanitary sewer, solid waste, police, fire and EMS service. The proposed
annexation will not have an adverse effect on public facilities and their levels of service; and
The proposed annexation is consistent with and promotes the following objective of the Clearwater Comprehensive Plan:
Objective A.6.4 Due to the built-out character of the City of Clearwater, compact urban development within the urban
service area shall be promoted through application of the Clearwater Community Development Code.
Objective A.7.2 Diversify and expand the City’s tax base through the annexation of a variety of land uses located within
the Clearwater Planning Area.
Policy A.7.2.3 Continue to process voluntary annexations for single-family residential properties upon request.
The proposed RL Future Land Use Plan category is consistent with the current Countywide Plan designation of this
property. This designation primarily permits residential uses at a density of 5 units per acre. The proposed zoning district to
be assigned to the property is the Low Medium Density Residential (LMDR) District. The use of the subject property is
consistent with the uses allowed in the District and the property exceeds the District’s minimum dimensional requirements.
The proposed annexation is therefore consistent with the Countywide Plan and the City’s Comprehensive Plan and
Community Development Code; and
The property proposed for annexation is contiguous to existing City boundaries to the west; therefore, the
annexation is consistent with Florida Statutes Chapter 171.044.
Review Approval:
Cover Memo
Item # 9
S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Carlton Drive 1825 ANX2013-01002 - Granata\Maps\ANX2013-
01002 Location Map.doc
SKYLINE
LAWSON
TERRACE
E
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DR
D R
CIR
WOODRING
SOUTH
DR
HARBOR
DR
OWEN
OWEN
DR
SKYLAND
LUCAS
EVANS
DR DR
MARILYN
DR
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AUDREY
CARLTON
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Pl
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AUDREY
DR
CARDINAL
DR
MORNINGSIDE
N TERRACE
DR
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C
DIANE
GROVE
DR
THOMAS
DR
DR
DIANE
TER
Winwood Dr
DR
DR
HAAS AVE
ROBINWOOD
SR-590
SUNSET POINT RD
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LOCATION MAP
Owner: Granata, Joseph and Kelly Case: ANX2013-01002
Site: 1825 Carlton Drive Property
Size (Acres): 0.176 acres
Land Use Zoning
PIN: 05-29-16-13536-003-0040
From :
To:
RL R-3
RL LMDR Atlas Page: 264A
Attachment number 1 \nPage 1 of 7
Item # 9
S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Carlton Drive 1825 ANX2013-01002 - Granata\Maps\ANX2013-
01002 Aerial Photograph.doc
US 19
US 19
SOUTH DR SOUTH DR
CARLTON DR
CARLTON DR
AUDREY D
R
AUDREY DR
CARDINAL DR
CARDINAL DR
WOODRING DR WOODRING DR
MORNIN GSID E D R MO RNINGSIDE DR
AUDREY DR
AUDREY D
R
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AERIAL PHOTOGRAPH
Owner: Granata, Joseph and Kelly Case: ANX2013-01002
Site: 1825 Carlton Drive Property
Size (Acres): 0.176 acres
Land Use Zoning
PIN: 05-29-16-13536-003-0040
From :
To:
RL R-3
RL LMDR Atlas Page: 264A
Attachment number 1 \nPage 2 of 7
Item # 9
S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Carlton Drive 1825 ANX2013-01002 - Granata\Maps\ANX2013-
01002 Proposed Annexation Map.doc
SEE PLAT FOR DIMENSIONS*
100
66
60
60
60
60
50
50 50
50
13536 B
C D E
A
78910
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15 161718192021 22 23
123 4 5 6 7 8
910111213141516
1
2
3
4
5
6
7
8 9
10
11
12
13
14
15
16 1
2
3
4
5
6
7
8 9
10
11
12
13
14
15
16 1
2
3
4
5
6
7
8
17 1 23456
32/01
1.04
3.28
32/02
32/03
2.88
33/01
32/021
100
100
151.15
146.65
100
153.68
41/01
)
1
A C
A C(C)
A C(C)
US 19
SOUTH DR
CARLTON DR
AUDREY DR
CARDINAL DR
WOODRING DR
MO RNINGSIDE DR
239
238
236
26
3
7
26
7
1
26
4
3
26
4
9
26
5
4
26
6
5
26
5
9
26
7
7
26
2
5
1818
1836
1807
1813
1819
1831
1837
1807
1815
1821
1825
1831
1837
1800
1812
1830
1836
26
6
5
2672
1813
1819
1825
1831
2674
2670
2664
2658
2652
2675
2641
2665
2671
2653
2647
1836
1860
2612
2618
2624
2634
2636
2642
2648
2654
2660
2666
2672
1837
2675
1866
1854
1848
1842
1830
1812
1806
1804 1800
1806
1865
2635
2645
2650
1801
1824
1818
1800
2631
1843
23837
23611
237
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1830
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2659
2684
2646
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2634
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PROPOSED ANNEXATION MAP
Owner: Granata, Joseph and Kelly Case: ANX2013-01002
Site: 1825 Carlton Drive Property
Size (Acres): 0.176 acres
Land Use Zoning
PIN: 05-29-16-13536-003-0040
From :
To:
RL R-3
RL LMDR Atlas Page: 264A
Attachment number 1 \nPage 3 of 7
Item # 9
S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Carlton Drive 1825 ANX2013-01002 - Granata\Maps\ANX2013-
01002 Future Land Use Map.doc
R/O/R
RL RL RL
RL
RL
RM
CG
RL
CL
RU
R/O/R
CL
US 19
SOUTH DR
CARLTON DR
AUDREY D
R
CARDINAL DR
WOODRING DR
MO RNINGSIDE DR
AUDREY DR
239
238
236
26
3
7
26
7
1
26
4
3
26
4
9
26
5
4
26
6
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FUTURE LAND USE MAP
Owner: Granata, Joseph and Kelly Case: ANX2013-01002
Site: 1825 Carlton Drive Property
Size (Acres): 0.176 acres
Land Use Zoning
PIN: 05-29-16-13536-003-0040
From :
To:
RL R-3
RL LMDR Atlas Page: 264A
RL
Attachment number 1 \nPage 4 of 7
Item # 9
S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Carlton Drive 1825 ANX2013-01002 - Granata\Maps\ANX2013-
01002 Zoning Map.doc
US 19
SOUTH DR
CARLTON DR
AUDREY D
R
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WOODRING DR
MO RNINGSIDE DR
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MDR
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ZONING MAP
Owner: Granata, Joseph and Kelly Case: ANX2013-01002
Site: 1825 Carlton Drive Property
Size (Acres): 0.176 acres
Land Use Zoning
PIN: 05-29-16-13536-003-0040
From :
To:
RL R-3
RL LMDR Atlas Page: 264A
LMDR
Attachment number 1 \nPage 5 of 7
Item # 9
S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Carlton Drive 1825 ANX2013-01002 - Granata\Maps\ANX2013-
01002 Existing Surrounding Uses Map.doc
SEE PLAT FOR DIMENSIONS*
100
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1
A C
A C(C)
A C(C)
US 19
SOUTH DR
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CARDINAL DR
WOODRING DR
MO RNINGSIDE DR
239
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EXISTING SURROUNDING USES MAP
Owner: Granata, Joseph and Kelly Case: ANX2013-01002
Site: 1825 Carlton Drive Property
Size (Acres): 0.176 acres
Land Use Zoning
PIN: 05-29-16-13536-003-0040
From :
To:
RL R-3
RL LMDR Atlas Page: 264A
Single Family Homes
Single Family Homes
Multi Family Homes Truck
Rental
Vacant
Commercial
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Single Family Homes
Attachment number 1 \nPage 6 of 7
Item # 9
ANX2013-01002
Granata, Joseph and Kelly
1825 Carlton Drive
View looking east at the subject property, 1825 Carlton Drive
North of the subject property
Across the street, to the west of the subject
property
South of the subject property
View looking northerly along Carlton Drive View looking southerly along Carlton Drive
Attachment number 1 \nPage 7 of 7
Item # 9
Ordinance No. 8389 -13
ORDINANCE NO. 8389-13
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, ANNEXING CERTAIN REAL PROPERTY
LOCATED ON THE EAST SIDE OF CARLTON DRIVE
APPROXIMATELY 233 FEET SOUTH OF WOODRING
DRIVE, CONSISTING OF LOT 4, BLOCK C, CARLTON
TERRACE, WHOSE POST OFFICE ADDRESS IS 1825
CARLTON DRIVE, INTO THE CORPORATE LIMITS OF
THE CITY, AND REDEFINING THE BOUNDARY LINES OF
THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the owner of the real property described herein and depicted on the
map attached hereto as Exhibit A has petitioned the City of Clearwater to annex the
property into the City pursuant to Section 171.044, Florida Statutes, and the City has
complied with all applicable requirements of Florida law in connection with this ordinance;
now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The following-described property is hereby annexed into the City of
Clearwater and the boundary lines of the City are redefined accordingly:
Lot 4, Block C, Carlton Terrace, according to the plat thereof, as
recorded in Plat Book 41, Page 16, of the Public Records of Pinellas
County, Florida.
(ANX2013-01002)
The map attached as Exhibit A is hereby incorporated by reference.
Section 2. The provisions of this ordinance are found and determined to be
consistent with the City of Clearwater Comprehensive Plan. The City Council hereby
accepts the dedication of all easements, parks, rights-of-way and other dedications to the
public, which have heretofore been made by plat, deed or user within the annexed
property. The City Engineer, the City Clerk and the Planning and Development Director
are directed to include and show the property described herein upon the official maps and
records of the City.
Section 3. This ordinance shall take effect immediately upon adoption. The City
Clerk shall file certified copies of this ordinance, including the map attached hereto, with
the Clerk of the Circuit Court and with the County Administrator of Pinellas County,
Florida, within 7 days after adoption, and shall file a certified copy with the Florida
Department of State within 30 days after adoption.
Attachment number 2 \nPage 1 of 3
Item # 9
Ordinance No. 8389 -13
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
________________________________
George N. Cretekos
Mayor
Approved as to form: Attest:
___________________________ ____________________________________
Leslie K. Dougall-Sides Rosemarie Call
Assistant City Attorney City Clerk
Attachment number 2 \nPage 2 of 3
Item # 9
Attachment number 2 \nPage 3 of 3
Item # 9
Ordinance No. 8390-13
ORDINANCE NO. 8390-13
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE
COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE
LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE
EAST SIDE OF CARLTON DRIVE APPROXIMATELY 233 FEET
SOUTH OF WOODRING DRIVE, CONSISTING OF LOT 4,
BLOCK C, CARLTON TERRACE, WHOSE POST OFFICE
ADDRESS IS 1825 CARLTON DRIVE, UPON ANNEXATION
INTO THE CITY OF CLEARWATER, AS RESIDENTIAL LOW (RL);
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the amendment to the future land use plan element of the comprehensive plan
of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is
consistent with the City's comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The future land use plan element of the comprehensive plan of the City of
Clearwater is amended by designating the land use category for the hereinafter described property,
upon annexation into the City of Clearwater, as follows:
Property Land Use Category
Lot 4, Block C, Carlton Terrace according to the Residential Low (RL)
plat thereof, as recorded in Plat Book 41, Page 16,
of the Public Records of Pinellas County, Florida.
(ANX2013-01002)
The map attached as Exhibit A is hereby incorporated by reference.
Section 2. The City Council does hereby certify that this ordinance is consistent with
the City’s comprehensive plan.
Section 3. This ordinance shall take effect immediately upon adoption, contingent upon
and subject to the adoption of Ordinance No. 8389-13.
PASSED ON FIRST READING _____________________
PASSED ON SECOND AND FINAL _____________________
READING AND ADOPTED
__________________________
George N. Cretekos
Mayor
Approved as to form: Attest:
__________________________ __________________________
Leslie K. Dougall-Sides Rosemarie Call
Assistant City Attorney City Clerk
Attachment number 3 \nPage 1 of 2
Item # 9
Attachment number 3 \nPage 2 of 2
Item # 9
Ordinance No. 8391-13
ORDINANCE NO. 8391-13
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY
BY ZONING CERTAIN REAL PROPERTY LOCATED ON
THE EAST SIDE OF CARLTON DRIVE APPROXIMATELY
233 FEET SOUTH OF WOODRING DRIVE, CONSISTING
OF LOT 4, BLOCK C, CARLTON TERRACE, WHOSE POST
OFFICE ADDRESS IS 1825 CARLTON DRIVE, UPON
ANNEXATION INTO THE CITY OF CLEARWATER, AS
LOW MEDIUM DENSITY RESIDENTIAL (LMDR);
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the assignment of a zoning district classification as set forth in this
ordinance is found to be reasonable, proper and appropriate, and is consistent with the
City's comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The following described property located in Pinellas County, Florida, is
hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning
atlas of the City is amended, as follows:
Property Zoning District
Lot 4, Block C, Carlton Terrace, according Low Medium Density
to the plat thereof, as recorded in Plat Book Residential (LMDR)
41, Page 16, of the Public Records of Pinellas
County, Florida.
(ANX2013-01002)
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, contingent
upon and subject to the adoption of Ordinance No. 8389-13.
PASSED ON FIRST READING ___________________________
PASSED ON SECOND AND FINAL ___________________________
READING AND ADOPTED
_______________________________
George N. Cretekos
Mayor
Attachment number 4 \nPage 1 of 3
Item # 9
Ordinance No. 8391-13
Approved as to form: Attest:
__________________________ ______________________________
Leslie K. Dougall-Sides Rosemarie Call
Assistant City Attorney City Clerk
Attachment number 4 \nPage 2 of 3
Item # 9
Attachment number 4 \nPage 3 of 3
Item # 9
City Council Agenda
Council Chambers - City Hall
Meeting Date:4/18/2013
SUBJECT / RECOMMENDATION:
Adopt Ordinance 8383-13 on second reading, vacating that certain 40-foot platted right-of-way abutting and lying east of Lots 4, 5,
6, 14, 15, 16, 17 and 18, dedicated and described in the Plat titled “Elysium – Phase 1” as recorded in Plat Book 93, Pages 41-46,
public records of Pinellas County, Florida, subject to conditions.
SUMMARY:
Review Approval:
Cover Memo
Item # 10
Ordinance No. 8383-13
ORDINANCE NO. 8383-13
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, VACATING THAT CERTAIN 40-FOOT PLATTED
RIGHT-OF-WAY, ABUTTING AND LYING EAST OF LOTS 4,
5, 6, 14, 15, 16, 17 AND 18, DEDICATED AND DESCRIBED
IN THE PLAT TITLED “ELYSIUM – PHASE 1” AS
RECORDED IN PLAT BOOK 93, PAGES 41-46, PUBLIC
RECORDS OF PINELLAS COUNTY, FLORIDA, SUBJECT
TO CONDITIONS; PROVIDING AN EFFECTIVE DATE.
WHEREAS, Rhonda B. Harms; Karsten Jacoby; Thomas G. and Karen L. Hackett;
Phyllis D. Perron; Kerry B. Meyer; Laura D. Irion; Kevin E. Dunbar; and Mark A. and
Deeann Kerrutt owners of real property located in the City of Clearwater (the “City”), have
collectively requested that the City vacate the right-of-way depicted in Exhibit “A” attached
hereto and by this reference made a part hereof; and
WHEREAS, the City Council finds that said right-of-way is not necessary for
municipal use and it is deemed to be in the best interest of the City and the general public
that the same be vacated; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The following:
That certain 40-foot platted right-of-way, abutting and lying East of Lots 4, 5, 6, 14, 15, 16,
17 and 18, dedicated and described in the plat titled “Elysium – Phase 1” as recorded in
Plat Book 93, Pages 41-46, of the public records of Pinellas County, Florida, being more
particularly described in Exhibit “A,” attached hereto and incorporated by reference
hereof, is hereby vacated, closed and released, and the City releases all of its right, title
and interest thereto, contingent upon the following conditions:
1. The City hereby retains a drainage and utility easement over the described
property for the installation and maintenance of any and all utilities thereon
by the City of Clearwater, Bright House and/or Knology consistent with any
vested rights of occupation in existence on the Effective Date of this
ordinance, including any rights vested under any valid franchise agreement
between each private utility and the City; and
2. All property owners abutting the west boundary of the right-of-way vacated
hereby shall individually grant Progress Energy distribution easements, the
location and terms of which are acceptable to Progress Energy.
Collectively, Progress Energy’s easement rights shall encompass the
property described herein. This vacation ordinance shall be null and void if
this condition is not met within forty-five (45) calendar days from the
adoption of this ordinance.
Attachment number 1 \nPage 1 of 2
Item # 10
Ordinance No. 8383-13
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 _________________________
_______________________________
George N. Cretokos
Mayor
Approved as to form: Attest:
______________________________ _______________________________
Camilo A. Soto Rosemarie Call
Assistant City Attorney City Clerk
Attachment number 1 \nPage 2 of 2
Item # 10
ELYSIUM - PHASE 1
Plat Book 93, Page 45
ELYSIUM - PHASE 1
Plat Book 93, Page 45
Legal Description
A Right-of-Way vacation described as follows:
The 40' platted right-of-way, abutting and lying East of Lots 4, 5, 6,
14, 15, 16, 17 and 18, dedicated and described in the plat titled
"Elysium - Phase 1" as recorded in Plat Book 93, Pages 41-46,
Pinellas County Public Records, Florida.
Attachment number 2 \nPage 1 of 1
Item # 10
City Council Agenda
Council Chambers - City Hall
Meeting Date:4/18/2013
SUBJECT / RECOMMENDATION:
Approve request from 1409 Alpine Road, LLC to sell 4 condominium units at $117,000, write-off remainder of HOME loan balance
estimated at $401,131.54, and authorize the appropriate officials to execute same. (consent)
SUMMARY:
On May 19, 2006, the City of Clearwater provided a loan to 1409 Alpine Rd., LLC (Alpine) to purchase and renovate four
condominium housing units located at 1409 Alpine Road, Clearwater (units 1, 2, 5 and 6). There are a total of 16 units in
the condominium complex. The HOME Program funded a loan in the amount of $440,000 which was provided through
1409 Alpine Rd., LLC to purchase, renovate and resell to 4 eligible low to moderate-income families. A breakdown of the
original loan shows that $360,000 was used for acquisition; $14,075.92 was used for settlement costs and $65,924.08 for
renovation costs.
On September 26, 2006, the City modified the original loan to 1409 Alpine Rd., LLC to approve their request for an
additional $40,000 for renovation costs. The City also granted another request from Alpine for an additional $11,216 to
pay for taxes and other costs. All total, the City provided Alpine $491,216 to purchase and renovate four condominium
units for an average cost of $122,804 per unit. An appraisal of a comparable unit (1409 Alpine Rd. Unit 10) at that time
showed a sales approach value of $155,000. The loans were deferred for six months with no payment or interest
required. After the six-month deferment period, the loan was due and payable for the full amount.
After renovations, the units were offered for sale at $154,000. The sales price was later lowered to $129,900 due to a
downturn in the housing market. Due to lack of interest from homebuyers and the HOME Program mandate that requires
the units to meet occupancy guidelines, it was determined that the project should be altered from a homebuyer project to
a rental project and worked with Alpine to try to stabilize the project. In July 2008, Alpine informed the City that two of the
units were going to be rented for $800 each per month through the Clearwater Housing Authority Section 8 Program. The
remaining two units were later rented for the same amount.
Due to problems with maintaining high occupancy levels, Alpine verbally requested the City’s approval to sell the four
condominium units on October 25, 2012. Prior to approval, the City requested an appraisal of the units and complete
financials on all activity from the date of loan approval.
It was later noted that Alpine had moved forward with listing all 4 units with an asking price of $180,000. The listing price
was later lowered to $140,000 and then to $135,000. The highest bid received was $110,000 in which Alpine countered
at $120,000 and the buyer agreed. However, due to some repairs, the buyer requested that Alpine pay half of a $6,000
repairs, which results in a net sales price of $117,000.
An April 24, 2012 appraisal listed the comparable sales price at $25,000 per unit. The value listed through the income
approach was listed at $35,400 per unit.
A review of Alpine’s annual financial statements from 2007 through 2012 shows that revenues were approximately
$25,000 a year with expenses slightly exceeding revenues in some years. In summary, there were insufficient funds for
debt service of the city's loan. From the time of loan origination to present, the City has not received any payments on the
loan, initiated foreclosure or modified the loan.
The HUD-1 Settlement Statement lists a contract sales price of $117,000. Through the sales proceeds, Alpine is
requesting that $89,896.46 be provided to the City, $26,830.75 be provided for settlement costs and reimbursements to
the managing member of the LLC: Tampa Bay Community Development Corporation (TBCDC). From a total City
investment of $491,216 over six years, the City will net only $89,896.46.
The property has a land use restrictive covenant that mandates that the property be sold to a homebuyer whose income
is less than 80% of area median income. The restrictive agreement will need to be modified to include tenants whose
income is less than 80% of area median income. The affordability period on the restrictive covenant runs to Fiscal Year
2021.
Through a memo received on March 26, 2013, Alpine is requesting that the City approve the sale of the 4 units and write-
Cover Memo
Item # 11
off the remaining balance of the loan estimated at $401,131.54. Per City policy, this write-off amount needs City Council
approval.
As this loan is in default, the City Council has two options to proceed per City policies and HUD regulations:
1) Approve request to sell the 4 units and write-off the HOME loan balance; or
2) Accept Deed in Lieu of Foreclosure for 1409 Alpine Road Units 1, 2, 5, and 6.
Should Council approve the sale and write-off request, it will establish a precedent for writing off loans in which the value
of the property is less than the loan value. Given the downturn in the housing market over the last five years, there are
other city loans in this position where the owners may either request a write-off of their negative equity or a short sale.
While this option creates exposure for the City’s housing programs, it is the most expeditious route to cut the City’s losses
on a homeownership turned rental project that was not successful and is not likely to be successful in the future.
Should the Council accept the Deed in Lieu of Foreclosure, the City would prepare the necessary documents to transfer
ownership, provide settlement costs and reimburse TBCDC for their approved investment in the property. Upon transfer,
the City would secure the vacant units and evaluate options for improvements. The City would then declare the property
surplus, per City Code, and sell the property to the highest responsible bidder. While this option creates the potential for a
higher payout, it creates additional financial burdens and risk given the necessary staff time, upfront funding to prepare
the property for sale, and uncertainty in the real estate market.
After careful review of the options, Staff recommends allowing the sale and write-off of the HOME loan.
Type:Other
Current Year Budget?:None Budget Adjustment:None
Budget Adjustment Comments:
Current Year Cost:Annual Operating Cost:
Not to Exceed:Total Cost:
For Fiscal Year: to
Review Approval:
Cover Memo
Item # 11
TAMPA BAY CDC
MEMORANDUM
TO: City of Clearwater
FROM: GREGORY E. SCHWARTZ, Tampa Bay Community Development Corporation
L. DUKE TIEMAN, Bruce Taylor Realty
RE: 1409 Alpine LLC – Sale of 4 Units
DATE: MARCH 26, 2013
_____________________________________________________________________________
This memorandum serves as a request for the City of Clearwater to approve the sale of 4 units
located at 1409 Alpine Road in Clearwater.
In May 2006, the City of Clearwater requested that Tampa Bay Community Development
Corporation work with them to purchase, renovate and sell four units located at the above-
referenced property. The building (consisting of four units) was purchased in July 2007, using
HOME funds, for a purchase price of $360,000.00 (or $90,000 per unit). It should be noted that
at the time of purchase, the real estate market was extremely active and real estate was selling for
some of its highest prices. It should also be noted that there was a competitive complex located
within one-half mile of this project (Fountain Square), which was selling comparable units for
$98,000 at that time.
The Alpine Association charged a monthly Fee of $251.00 and this was to cover the following
expenses: water, trash, landscaping, maintenance of the exterior of buildings and pest control six
times per year. Unfortunately, the Association did not have sufficient funds to cover these
services, so it ended up that the only services being covered by the monthly fee was water and
trash.
When the units were listed for sale, Duke Tieman was instructed to list them at $135,000 (even
though the real estate market had declined and even though our research showed that Fountain
Square units were then selling for $88,000). We were unable to sell any of the units, so it was
agreed that they be rented for $850/month (and we worked with the Clearwater Housing
Authority to provide assistance through the Section 8 Program).
Attachment number 1 \nPage 1 of 3
Item # 11
City of Clearwater
Sale of Alpine Property
March 26, 2013
Page 2
After the building was purchased, there were several additional expenses incurred by us,
including the following:
a) REPAIR OF THE ROOF OVER THE ENTRYWAY TO THE BUILDING. The
Seller had agreed to repair this, but he did not do it. Because the roof had rotted so badly,
it posed a safety hazard, so we had to repair it ourselves, at our own expense.
b) WATER AND TRASH COLLECTION FOR ALL BUILDINGS. Shortly after the
units were rented out, the City of Clearwater turned off the water in all buildings, due to
non-payment by the Association. For two months, we paid for the water and trash
collection for all buildings (since they were all tied into one water system).
c) NUMEROUS AIR CONDITIONING REPAIRS. These were due to the lawn not
being mowed by the Association causing weeds and high grass to get into the A/C units.
d) REMEDIATION OF MOLD INSIDE UNITS. We made several attempts to remedy
this problem, but it kept returning. We called in a Professional to assist us with the issue
and they discovered that the structural status of the building was changing and cracks on
the outside of the building were getting larger and longer. These structural issues caused
the windows to become loose and moisture was getting into the units. All windows had
to be re-sealed.
e) PLUMBING ISSUES. Moisture from the upstairs laundry room was getting into the
downstairs units and it was discovered that there was leaking plumbing inside the walls
that needed to be repaired.
f) LEGAL COSTS. As tenants have continued to turn over in this complex, we have had
some that have caused problems and had to be evicted. One eviction took 5 months and
we had excessive legal fees.
While incurring these above-referenced maintenance/legal issues, we also found that we had to
reduce the rent (to stay competitive with other complexes in the immediate area). It was reduced
from $850.00 to $800.00. After that, we found that we had difficulty renting the upstairs units.
Because of its proximity to Kings Highway School, Sandy Lane and Dunedin Middle School,
this location was desirable to many of the families being served under the Section 8 Program.
However, because many families had small children, they did not want to be on the second floor
for safety reasons. It was recommended that the rent on the upstairs units be reduced to $750.00.
Because we were working with the Housing Authority/Section 8 Program, we knew that they
would not allow rent to be different in the same building, so the rent on all units was reduced to
$750.00.
Attachment number 1 \nPage 2 of 3
Item # 11
City of Clearwater
Sale of Alpine Property
March 26, 2013
Page 3
The property was placed on the market again and it was listed for a price of $140,000. There
were seven potential Buyers, but in the end, two were very interested in the property. The
highest bid we received was $110,000 and we countered at $120,000. The Buyer agreed to that
price subject to an inspection. The inspection was done and the Structural Engineer estimated
the cost of repairs to be $6,000.00. The Buyer initially requested that we incur that cost, which
we refused, and then he agreed to split the cost with us.
We respectfully request you approve this transaction, and please consider the following factors
when making your decision:
a) THIS OFFER IS A CASH OFFER AND READY TO CLOSE IMMEDIATELY.
The Seller has already wired the funds for closing to the Title Company (McFarland,
Gould, et. al).
b) BUYER IS PAYING A PRICE PER UNIT WHICH IS COMPARABLE TO
OTHER UNITS IN CLOSE PROXIMITY. At the price of $120,000, the Buyer is
paying $30,000 per unit. It should be noted that Fountain Square (which is located within
one-half mile) is currently selling their townhouses for $37,000 and their condominium
units for $28,000. Their units are 2 bedrooms, 2 bathrooms, and the Alpine units are 2-
bedrooms, 1 bathroom.
c) BUYER IS ACCEPTING THE HIGH ASSOCIATION FEES EVEN THOUGH IT
DOES NOT PROVIDE MANY SERVICES/AMENITIES. As noted earlier, the
monthly fees for the Alpine units are $251.00, and this only covers the cost of water and
trash collection. The Fountain Square residents pay $290.00 months, and while this is
$49 more per month, the fee offers considerably better amenities including a pool,
clubhouse, well-maintained landscaping/lawn service and monthly planned activities.
d) HIGHER CRIME RATES ON ALPINE ROAD. The Clearwater Police Department
has provided us with information on the increase in crime in the area surrounding the
complex. In the last 3 months they have received 235 calls from that area. They have
responded to 2 drug-related calls, 3 criminal mischief calls, 4 shots fired, 12 vehicle
burglaries, 13 stolen vehicles found in that area/complex, 15 breaking and entering theft
calls, 57 investigations of suspicious persons, 5 weapons violations, 13 assault and
battery calls and 19 burglary calls.
If you have any questions or need additional information, please feel free to contact us. Thank
you, in advance, for your positive consideration in this matter.
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Item # 11
City Council Agenda
Council Chambers - City Hall
Meeting Date:4/18/2013
SUBJECT / RECOMMENDATION:
Approve renewal of the City’s Statutory Death Benefits Policy with The Hartford Financial Services Group, providing accidental
death and disability coverages for all full-time Law Enforcement Officers, Firefighters, and applicable Administrators, for the two-
year period retroactive to October 1, 2012 and continuing through September 30, 2014, at a cost of $21,818, pre-paid for the two-year
period. (consent)
SUMMARY:
The City’s policy with The Hartford to provide statutorily required accidental death and disability benefits to sworn Police and Fire
personnel expired on September 30, 2012. The City’s Agent of Record, the Gehring Group, obtained a renewal quote from The
Hartford for a two-year premium rate of $21,818 on a pre-paid basis, an increase of 6.8% from the prior two-year renewal with
Hartford. Two other providers were contacted; AIG declined to submit a quote and Chubb provided a quote that was not
competitive. This policy is effective retroactively for the two-year period from October 1, 2012 through September 30, 2014, provides
for a discounted rate guaranteed for two years, with no annual renewal application requirement and the ability to cancel the policy at
any time with no penalty. Funds are available from a pre-paid account in the City’s Central Insurance Fund.
Appropriation Code Amount Appropriation Comment
0590-00000-155130-000-000-0000 $21,818 2 years pre-paid premium
Review Approval:
Cover Memo
Item # 12
HARTFORD LIFE AND ACCIDENT INSURANCE COMPANY
Hartford Plaza
Hartford, Connecticut
(A stock insurance company)
Will pay benefits according to
the conditions of this
policy.
Policyholder Name: City of Clearwater
Policyholder Address: P O Box 4748
Clearwater, FL 33758-4748
Policy Number: ETB-105344*
Place of Delivery: Clearwater, FL
Policy Effective Date: October 1, 2012
Policy Expiration Date: October 1, 2014
TABLE OF CONTENTS
Schedule
Participating Firms (if any)
Contract Provisions
Definitions
Determination of Individual Coverage
Exclusions
Hazards
Benefits
Claims
Riders (if any)
*This policy replaces the prior policy bearing the above number as of the
effective date of this policy.
Signed for the Company
Terence Shields, Secretary Ronald R. Gendreau, President
Form 7679 A2
Attachment number 1 \nPage 1 of 25
Item # 12
SCHEDULE
ELIGIBLE PERSONS
Class Description
1 All Full-time Law Enforcement Officers of the Policyholder.
2 All Full-time Firefighters of the Policyholder.
Form 7679 B6
BENEFIT DESCRIPTION:
AD means Accidental Death Benefit
Loss Period: 365 days (not applicable to residents of Pennsylvania)
ADD means Accidental Death and Dismemberment Benefit
Loss Period: 365 days
For residents of Pennsylvania, the 365 days loss period is not applicable for loss of life only.
ATD means Accident Total Disability Benefit.
Maximum Payment Period: 104 weeks
REHAB means Rehabilitation Benefit.
Loss Period: 365 days
SBLT means Seat Belt Benefit.
ED means Education Benefit.
SPOED means Spouse Education Benefit.
DCARE means Day Care Benefit.
HAZARDS, BENEFITS, AND AMOUNTS
Class Hazard Benefit Amount
1 C-31 VL118 AD $192,455.70 Unlawful & Intentional Death
ATD $100
DCARE $5,000
ED $5,000
SBLT 5% of Principal Sum to a Maximum of $25,000.
SPOED $5,000
C-62 ADD $65,000 in the Line of Duty
DCARE $5,000
ED $5,000
REHAB 5% of Principal Sum to a Maximum of $25,000.
SBLT 5% of Principal Sum to a Maximum of $25,000.
SPOED $5,000
C-64 AD $65,000 Fresh Pursuit
DCARE $5,000
ED $5,000
SBLT 5% of Principal Sum to a Maximum of $25,000.
SPOED $5,000
Attachment number 1 \nPage 2 of 25
Item # 12
2 C-31 VL118 AD $192,455.70 Unlawful & Intentional death
ATD $100
DCARE $5,000
ED $5,000
SBLT 5% of Principal Sum to a Maximum of $25,000.
SPOED $5,000
C-62 ADD $65,000 in the Line of Duty
DCARE $5,000
ED $5,000
REHAB 5% of Principal Sum to a Maximum of $25,000.
SBLT 5% of Principal Sum to a Maximum of $25,000.
SPOED $5,000
C-64 AD $65,000 Fresh Pursuit
DCARE $5,000
ED $5,000
SBLT 5% of Principal Sum to a Maximum of $25,000.
SPOED $5,000
• The ATD Benefit amount is subject to 80% of salary.
Form 7679 B7
Attachment number 1 \nPage 3 of 25
Item # 12
POLICY PREMIUMS:
Premium Not Subject To Audit: $21,818
Premium Subject To Audit: $0
Total Premium For Policy Period: $21,818
Total Premium Payable on Effective Date
Form 7679 B8
Attachment number 1 \nPage 4 of 25
Item # 12
POLICY MODIFICATIONS: This policy as issued is amended as follows:
1) The definition of injury under this policy is amended to include the following:
a) Any occupational condition or impairment of health of a fireman or any law enforcement officer or
correctional officer caused by tuberculosis, heart disease, or hypertension resulting in death shall be
presumed to be accidental, suffered in the line of duty, and to be a covered injury. To be entitled to this
presumption, the definitions and requirements of Section 112.18 must be met.
b) Any firefighter, paramedic, emergency medical technician, law enforcement officer, or correctional officer
who suffers an occupational condition or impairment of health that is caused by hepatitis, meningococcal
meningitis, or tuberculosis, that requires medical treatment, and that results in death shall be presumed to
have been accidental and to be a covered injury. To be entitled to this presumption, the definitions and
requirements of Sections 112.181 must be met.
c) Any covered firefighter, paramedic, emergency medical technician, law enforcement officer, or correctional
officer who suffers an occupational condition or impairment of health that is caused by exposure to a toxic
substance, adverse results or complications from a smallpox vaccination, or a mental or nervous Injury, that
requires medical treatment, and that results in death shall be presumed to have been accidental and to be
a covered Injury. To be entitled to this presumption, the definitions and requirements of Section 112.1815
must be met.
2) This policy provides accidental death coverage for police officers and firefighters which is no less restrictive
than benefits specified by Florida statutes 112.19, paragraphs 2) a, b, c, f, and j and 112.191, paragraphs 2) a, b, c
and i.
This policy provides a Day Care Benefit if:
a) We pay a death claim for the unlawful and intentional death of the Insured Person;
b) the Insured Person had a Dependent Child under age 11 at the time of death; and
c) proof of enrollment in a Day Care Program is provided as described below.
Payment will be made to the person who has legal physical custody of the dependent child and who has primary
responsibility for the dependent child's expenses. Payment will be made in accordance with the Claims provision of
the Policy.
Proof of enrollment for each child in a Day Care Program may be in the form of, but will not be limited to, the
following:
a) a copy of the child's approval enrollment application in a Day Care Program; or
b) canceled check(s) evidencing payment to a Day Care facility or Day Care provider; or
c) a letter from the Day Care facility or Day Care provider stating that the child is attending within 365 days of
the date of the Insured's death.
Proof of enrollment must be sent to us prior to the last day of the 12th month on or next following the date of the
Insured's death.
Attachment number 1 \nPage 5 of 25
Item # 12
One Day Care Benefit payment will be made each year, for a maximum of 2 Day Care Benefit payments, for each
Dependent Child.
The Day Care Benefit is the lesser amount of:
a) $5,000.00; or
b) the actual cost charged per year by the Day Care Program.
Day Care Program means a program of child care which:
a) is operated in a private home, school or other facility; and
b) provides, and makes a charge for, the care of children; and
c) is licensed as a Day Care center or is operated by a licensed Day Care provider, if such licensing is
required by the state or jurisdiction in which it is located; or
d) if licensing is not required, provides child care on a daily basis for 12 months a year.
Child or Children means the Insured's unmarried child, stepchild, legally adopted child, child in the process of
adoption or foster child who is less than age 11 and primarily dependent on the Insured for support and
maintenance.
This policy provides a Spouse Education Benefit to the Spouse if We pay a death claim for the Insured Person's
unlawful and intentional death.
The Insured Person's Spouse, to qualify for this Education Benefit, must enroll in an Occupational Training program
within one year of the date of the Insured Person's death for the purpose of obtaining an independent source of
income.
The Education Benefit is an amount equal to the lesser of:
a) $5,000.00; or
b) the Expense Incurred for Occupational Training.
The expense must be incurred within 3 years of the date of the Insured Person's death.
We will pay the Education Benefit due immediately after we receive proof that the Insured Person's Spouse has
enrolled in an Occupational Training program.
Occupational Training means any educational, professional, or trade training program which prepares the Insured
Person's Spouse for an occupation for which he or she otherwise would not have been qualified.
Expense Incurred means:
a) the actual tuition charged, exclusive of room and board; and
b) the actual cost of the materials needed;
or the Occupational Training program.
Spouse means the Insured Person's wife or husband who was not legally separated or divorced from the Insured
Person when he or she died.
Form 7679 B10 (FL)2
Attachment number 1 \nPage 6 of 25
Item # 12
CONTRACT PROVISIONS
Entire Contract: The entire contract between the Policyholder and us consists of this policy, and any papers made
a part of this policy at issue.
Changes: No agent has authority to change or waive any part of this policy. To be valid, any change or waiver
must be in writing, approved by one of our officers and made a part of this policy.
Time Periods: All periods begin and end at 12:01 A.M., Standard Time at the place where this policy is delivered.
Certificates: If required by the laws of the state where this policy is delivered, we will give certificates to:
a) the Policyholder; or
b) any other person according to a mutual agreement among the other person, the Policyholder and us;
for delivery to Insured Persons. The certificates will state the features of this policy which are important to Insured
Persons.
Data Furnished by Policyholder: The Policyholder:
a) with our approval, may keep the records which affect this policy;
b) will give us information from those records, when and in the manner we ask.
These records will be open for our inspection at any reasonable time.
Not in Lieu of Worker's Compensation: This policy does not satisfy any requirement for worker's compensation
insurance.
Conformity with State Statutes: On the Policy Effective Date, any part of the policy which is in conflict with a statute
of the state in which the policy is:
a) delivered; or
b) issued for delivery;
is hereby amended to agree with the statute's minimum requirements.
Cancellation: This policy may be cancelled at any time by written notice mailed or delivered by us to the
Policyholder or by the Policyholder to us. If we cancel, we will mail or deliver the notice to the Policyholder at its
last address shown in our records.
If we cancel, it becomes effective on the later of:
a) the date stated in the notice; or
b) the 31st day after we mail or deliver the notice.
If the Policyholder cancels, it becomes effective on the later of:
a) the date we receive the notice; or
b) the date stated in the notice.
In either event:
a) we will promptly return any unearned premium paid; or
b) the Policyholder will promptly pay any earned premium which has not been paid.
Any earned or unearned premium will be determined on a pro rata basis.
Cancellation will not affect any claim for loss due to an accident which occurs before the effective date of the
cancellation.
Form 7679 D1
Attachment number 1 \nPage 7 of 25
Item # 12
CONTRACT PROVISIONS (Continued)
Policy Period: This Policy becomes effective on the Policy Effective Date and continues in force to the end of the
period for which premium was paid unless cancelled at an earlier date. This Policy terminates on the earlier of:
a) the Policy Expiration Date unless continued in force in accordance with the Renewal Provision; or
b) the last day of the period for which premium has been paid subject to the Grace Period.
The Policy Effective Date and Policy Expiration Date are shown:
a) on page 1 for the original Policy Period; and
b) in a Renewal Rider for any Renewal Policy Period.
Renewal: We will send the Policyholder a notice of policy renewal. The Policy will be renewed if the Policyholder
signs and returns the notice prior to the current Expiration Date. If the Policyholder does not receive the notice, the
policy may be renewed if we receive a written request from the Policyholder and a deposit renewal premium of
$350 on or before the current Expiration Date. Once we have received the deposit renewal premium, we will
request information from the Policyholder necessary to calculate the actual renewal premium and either return any
excess premium or bill the Policyholder for the remaining unpaid renewal premium.
However, in no event will this policy be renewed if:
a) we have refused to renew this policy on or before the current Expiration Date;
b) this policy has been cancelled on or before the current Expiration Date; and
c) the Policyholder does not give us, in advance of the current Expiration Date, the information we request.
Premium Due Dates: Each Premium is due in advance of the date the Schedule states that it is payable. If the
Schedule shows an amount for Premium Subject To Audit, the earned premium will be calculated for each date on
which the Policyholder is required to furnish data for determining Units of Exposure. If the earned Premium:
a) is greater than the premium paid, the additional premium is payable on the date we notify the Policyholder
of the amount;
b) is less than the premium paid, we will promptly return the unearned portion of the premium paid.
Grace Period: A Grace Period of 31 days is allowed for payment of each premium due after the initial premium,
unless this policy is cancelled on or before the due date. If the Policyholder has returned the notice of renewal prior
to the Policy Expiration Date, a Grace Period of 31 days from the Policy Expiration Date is allowed for payment of
the renewal premium. This policy will continue in force during the Grace Period. The Policyholder is liable to us for
the payment of Premium accruing for the period this policy continues in force.
Payment: Premiums are to be paid to us by the Policyholder. However, they may be paid to us by any other
person according to a mutual agreement among the other person, the Policyholder and us.
Change of Premiums: We have the right to change the rate at which Premiums will be calculated for each Policy
Period.
Form 7679 D2 (Rev.-1)
Attachment number 1 \nPage 8 of 25
Item # 12
DEFINITIONS
Each term listed, when used in this policy, has the following meaning:
We, us, or our means the insurance company named on page 1.
You, Your, or Insured Person means an Eligible Person while he or she is covered under this policy.
Injury means, and an Insured Person is covered for, bodily injury resulting directly and independently of all other
causes from accident which occurs:
a) while he or she is covered under; and
b) in the manner specified in;
a Hazard applicable to his or her class.
Loss resulting from:
a) sickness or disease, except a pus-forming infection which occurs through an accidental wound; or
b) medical or surgical treatment of a sickness or disease.
is not considered as resulting from injury.
Business Trip means a bona fide trip:
a) while on assignment or at the direction of the Policyholder for the purpose of furthering the business of the
Policyholder;
b) which begins when a person leaves his or her residence or place of regular employment, whichever last
occurs, for the purpose of beginning the trip;
c) which ends when he or she returns to his or her residence or place of regular employment, whichever first
occurs; and
d) excluding travel to and from work, bona fide leaves of absence and vacations.
Trip means a trip which:
a) begins when a person leaves his or her residence or place of regular employment, whichever last occurs,
for the purpose of beginning the trip; and
b) ends when he or she returns to his or her residence or place of regular employment, whichever first occurs.
Passenger means a person who is not:
a) the operator or driver; or
b) the pilot, student pilot, or a crewmember;
of a conveyance at the time of accident.
Common Carrier means a conveyance operated by a concern, other than the Policyholder, organized and licensed
for the transportation of passengers for hire and operated by an employee of that concern.
Form 7679 E1
Attachment number 1 \nPage 9 of 25
Item # 12
DEFINITIONS
Civil Aircraft means a civil or public aircraft which:
a) has an Airworthiness Certificate;
b) is piloted by a person who has:
1) a current pilot certificate with the appropriate aircraft category rating for that aircraft; and
2) a current medical certificate which is appropriate for the operation of that aircraft; and
c) is not operated by the militia, or armed forces of any state, national government or international authority.
Scheduled Aircraft means a Civil Aircraft operated by a scheduled airline which:
a) is licensed by the FAA for the transportation of passengers for hire; and
b) publishes its flight schedules and fares for regular passenger service.
Military Transport Aircraft means a transport aircraft operated by:
a) the United States Air Mobility Command (AMC); or
b) a national military air transport service of any country.
Policyholder Aircraft means an aircraft which is owned, leased, or operated by or on behalf of the Policyholder.
Airworthiness Certificate means a valid and current “Standard Airworthiness Certificate” issued by the FAA.
FAA means:
a) the Federal Aviation Administration of the United States; or
b) the similar aviation authority for the country of the aircraft’s registry, if the country is recognized by the
United States.
Extra-Hazardous Aviation Activity means an aircraft while it is being used for one or more of the following activities:
Acrobatics or Stunt Flying Aerial Photography or Banner Towing
Racing or any Endurance Test Any Test or Experiment
Crop Dusting or Seeding Firefighting
Spraying Any flight which requires:
Exploration a) a special permit; or
Pipe or Power Line Inspection b) waiver;
Any Form of Hunting from the FAA, even though granted.
Bird or Fowl Herding
Form 7679 E2
Attachment number 1 \nPage 10 of 25
Item # 12
DETERMINATION OF INDIVIDUAL COVERAGE
Effective Date: Each Eligible Person becomes an Insured Person on the later of:
a) the Policy Effective Date; or
b) the date he or she enters a Class of Eligible Persons.
Termination: Coverage of each Insured Person terminates on the earlier of:
a) the date this policy terminates; or
b) the date he or she does not qualify in any Class of Eligible Person.
Termination will not affect any claim for loss due to an accident which occurs before the effective date of the
termination.
The Policyholder's failure to report that a person ceased to qualify in a Class of Eligible Persons will not continue
coverage in that Class beyond the date he or she ceased to qualify.
Hazards and Benefits Determined By Class: Each Insured Person is covered under the Hazard and for the
Benefits applicable to the Class in which he or she qualifies:
a) beginning on the date he or she enters the Class; and
b) ending on the date he or she leaves the Class.
If an Insured Person qualifies in more than one Class on the date of accident, he or she will be considered to
qualify in the one Class with the largest Benefit Amount.
Form 7679 F1
Attachment number 1 \nPage 11 of 25
Item # 12
EXCLUSIONS AND AGGREGATE LIMITATION
Exclusions: This policy does not cover any loss resulting from:
1) intentionally self-inflicted Injury, suicide or attempted suicide whether sane or insane, (in Missouri, while
sane);
2) war or act of war, whether declared or undeclared;
3) Injury sustained while in the armed forces of any country or international authority;
Aggregate Limitation: Not Applicable
Form 7679 G1
Attachment number 1 \nPage 12 of 25
Item # 12
HAZARD C-31 V.L. 118
Unlawful and Intentional Death
While on the Business of the Policyholder
Coverage: This Hazard covers death resulting from the unlawful and intentional killing of the Insured Person which
occurs anywhere in the world;
a) in the performance of actual duties; and
b) while on the business of the Policyholder.
The term “while on the business of the Policyholder” as used herein means while on assignment by or at the
direction of the Policyholder whether on or off the premises of the Policyholder, for the purpose of furthering the
business of the Policyholder.
Refer to the Policy Modifications, Definitions and Exclusions sections for modifications, limitations and exclusions
affecting this coverage.
Form 7679 H-31 V.L. 118
Attachment number 1 \nPage 13 of 25
Item # 12
HAZARD C-62
24-Hour Coverage
While on the Business of the Policyholder
Coverage: This Hazard covers Injury resulting from:
a) an accident; and
b) an accident while the Insured Person is a passenger (but not as a pilot, operator or member of the crew)
on, boarding or alighting from a Civil Aircraft or Military Transport Aircraft; or
c) being struck by an aircraft;
which occurs anywhere in the world while On the Business of the Policyholder.
On the Business of the Policyholder means business while on assignment by or at the direction of the Policyholder
whether on or off the premises of the Policyholder for the purpose of furthering the business of the Policyholder.
Refer to the Policy Modifications, Definitions and Exclusions sections for modifications, limitations and exclusions
affecting this coverage.
Form 7679 H-62
HAZARD C-64
Fresh Pursuit Coverage for
Police Officers and Firefighters
While on the Business of the Policyholder
Coverage: This Hazard covers Injury resulting from:
a) for law enforcement, correctional, or correctional probation officers results in Accidental Death that occurs:
1) as a result of the officer's response to fresh pursuit;
2) as a result of the officer's response to what is reasonably believed to be an emergency;
3) at the scene of a traffic accident to which the officer has responded; or
4) while the officer is enforcing what is reasonably believed to be a traffic law
or ordinance.
b) for firefighters, results in Accidental Death as a result of the firefighter's response to what is reasonably
believed to be an emergency involving the protection of life or property.
Fresh Pursuit means the pursuit of a person who has committed or is reasonably suspected of having committed a
felony, misdemeanor, traffic infraction or violation of a county or municipal ordinance. Fresh Pursuit shall not
necessarily imply instant pursuit, but pursuit without reasonable delay.
Refer to the Policy Modifications, Definitions and Exclusions sections for modifications, limitations and exclusions
affecting this coverage.
Form 7679 H-64
Attachment number 1 \nPage 14 of 25
Item # 12
ACCIDENTAL DEATH AND DISMEMBERMENT BENEFIT
If an Insured Person's injury results in any of the following losses within the Loss Period after the date of accident,
we will pay the sum shown opposite the loss.
We will not pay more than the Principal Sum for all losses due to the same accident.
The amount of the Principal Sum and the Loss Period are determined in the Schedule.
For Loss of:
Life....................................................................................................The Principal Sum
Both Hands or Both Feet or Sight of Both Eyes...............................The Principal Sum
One Hand and One Foot..................................................................The Principal Sum
Speech and Hearing.........................................................................The Principal Sum
Either Hand or Foot and Sight of One Eye.......................................The Principal Sum
Movement of Both Upper and Lower Limbs (Quadriplegia).............The Principal Sum
Movement of Both Lower Limbs (Paraplegia).........Three Quarters The Principal Sum
Movement of Both Upper and Lower Limbs
of One Side of the Body (Hemiplegia)........................One Half The Principal Sum
Either Hand or Foot...........................................................One Half The Principal Sum
Sight of One Eye...............................................................One Half The Principal Sum
Speech or Hearing............................................................One Half The Principal Sum
Thumb and Index Finger of Either Hand.....................One Quarter The Principal Sum
Loss means with regard to:
a) hands and feet, actual severance through or above wrist or ankle joints;
b) sight, speech or hearing, entire and irrecoverable loss thereof;
c) thumb and index finger, actual severance through or above the metacarpophalangeal joints.
d) movement of limbs, complete and irreversible paralysis of such limbs.
EXPOSURE
Exposure to the elements will be presumed to be injury if:
a) it results from the forced landing, stranding, sinking or wrecking of a conveyance in which an Insured
Person was an occupant at the time of the accident; and
b) this policy would have covered injury resulting from the accident.
DISAPPEARANCE
An Insured Person will be presumed to have suffered loss of life if:
a) his or her body has not been found within one year after the disappearance of a conveyance in which he or
she was an occupant at the time of its disappearance;
b) the disappearance of the conveyance was due to its accidental forced landing, stranding, sinking or
wrecking; and
c) this policy would have covered injury resulting from the accident.
Form 7679 J3
Attachment number 1 \nPage 15 of 25
Item # 12
SEAT BELT BENEFIT
Coverage: This Benefit covers Injury resulting from Accident which occurs while the Insured Person is:
a) a passenger riding in; or
b) the licensed operator of;
a duly registered Automobile, and while wearing a Seat Belt at the time of the Accident as verified on the police
report of the Accident.
Accident, as used in this Benefit, means the unintentional collision of an Automobile during which the Insured
Person is wearing a Seat Belt.
Automobile means a four-wheeled, private passenger car, station wagon, van or jeep-type vehicle which is not
being used as a Common Carrier.
Seat Belt means a belt, lap restraint or shoulder restraint installed by the manufacturer of the Automobile.
Exclusions: This Benefit does not cover Injury resulting from Accident which:
a) occurs while the Insured Person is under the influence of any intoxicant, excitant, hallucinogen, or any
narcotic or other drug, or similar substance as verified on the police accident report and is operating the
Automobile; or
b) is not a payable Loss under the Accidental Death and Dismemberment Benefit or the Accidental Death
Benefit.
For residents of Minnesota, the above Exclusions are deleted and are replaced by the following:
Exclusions: This Benefit does not cover Injury to an Insured Person who is the operator of an Automobile if such
Injury results from Accident which:
a) was sustained or contracted in consequence of the Insured Person’s being under the influence of any
narcotic unless administered by a physician; or
b) was the result of the Insured Person’s operating the Automobile while under the influence of alcohol as
evidenced by a blood alcohol level in excess of the jurisdiction’s legal intoxication limit; or
c) occurs while the Insured Person is voluntarily taking drugs which federal law prohibits dispensing without a
prescription, including sedatives, barbiturates, amphetamines, or hallucinogens, unless the drug is taken as
prescribed or administered by a licensed physician.
The Seat Belt Benefit Amount is shown in the Schedule. Refer to the Policy Modifications, Definitions and
Exclusions sections for further modifications, limitations and exclusions affecting this coverage.
Form 7679 H-45
Attachment number 1 \nPage 16 of 25
Item # 12
ACCIDENTAL DEATH BENEFIT
If an Insured Person’s injury results in loss of life within the Loss Period after the date of the accident, we will pay
the Principal Sum.
The Principal Sum and the Loss Period are shown in the Schedule.
DISAPPEARANCE
An Insured Person will be presumed to have suffered loss of life if:
a) his or her body has not been found within one year after the disappearance of a conveyance in which he or
she was an occupant at the time of its disappearance;
b) the disappearance of the conveyance was due to its accidental forced landing, stranding, sinking or
wrecking; and
c) this policy would have covered injury resulting from the accident.
Form 7679 L1
ACCIDENT TOTAL DISABILITY BENEFIT
We will pay the Weekly Benefit for each week of an Insured Person's Total Disability. Payment will not exceed the
Maximum Payment Period.
Total Disability must:
a) result from injury;
b) begin within 30 days after the accident; and
c) require the regular care of a legally qualified physician.
For Total Disability of less than one week, one seventh of the Weekly Benefit will be paid per day.
The Weekly Benefit and Maximum Payment Period are shown in the Schedule.
Total Disability: means the Insured Person's inability to perform the duties of his/her occupation for one year and
thereafter unable to perform the substantial duties of any occupation for which he of she is suited by education,
training and experience.
Termination of this policy will not affect any benefits payable under this benefit for any accident that occurred while
the Insured Person was covered under this Policy.
Form 7679 M3
Attachment number 1 \nPage 17 of 25
Item # 12
REHABILITATION BENEFIT
If an Insured Person's injury results in any loss payable under this policy, other than loss of life, within the Loss
Period after the date of accident, we will pay a benefit equal to the lesser of:
a) the Expense Incurred for Rehabilitative Training;
b) a Percentage of the Insured Person’s Principal Sum; or
c) the Maximum Amount;
for Rehabilitative Training.
The expense must be incurred within 2 years of the date of accident.
The Loss Period, the Percentage of Principal Sum and the Maximum Amount are shown in the Schedule.
Rehabilitative Training means any training which:
a) is required due to the Insured Person’s injury;
b) prepares the Insured Person for an occupation in which he or she would not have engaged except for the
injury.
Expense Incurred means the actual cost:
a) of the training; and
b) of the materials needed for the training.
Form 7679 R1
Attachment number 1 \nPage 18 of 25
Item # 12
EDUCATION BENEFIT
If a Principal Sum is payable under the Accidental Death and Dismemberment Benefit because of the Insured
Person's death, We will pay an Education Benefit to each Student as follows:
A Student is a person for whom we receive proof that he or she:
a) is your Dependent on the date of your death; and
b) is a full-time post-high school Student in a school for higher learning on the date of the Insured Person's death;
or
c) became a full-time post-high school Student in a school for higher learning within 365 days after the Insured
Person's death and was a Student in the 12th grade on the date of the Insured Person's death.
He or she is not considered to be a Student after the first to occur of:
a) our payment of the 4th Education Benefit to or on behalf of that person; or
b) the end of the 12th consecutive month during which We have not received proof that he or she is a Student.
The Education Benefit is an amount equal to the lesser of:
a) the Maximum Amount; or
b) the amount determined by applying the Percent to the amount of the Insured Person's Principal Sum.
We will not pay more than one Educational Benefit to any one Student during any one school year.
The Education Benefit is payable to each Dependent Child:
a) on the date; and
b) for whom;
We receive proof that he or she is a Student.
If he or she is a minor, We will pay the benefit to the Student's legal representative.
If:
a) a Principal Sum is payable because of the Insured Person's death; and
b) no Dependent Child qualifies as a Student;
we will pay the Minimum Amount due in accordance with the claim provision for payment of benefits for loss of life.
The Insured Person's amount of the Principal Sum is determined in the Schedule.
The Maximum Amount, Percent of Principal Sum, and Minimum Amount are shown in the Schedule.
Form 7679 T1 (FL)
Attachment number 1 \nPage 19 of 25
Item # 12
CLAIMS
Notice of Claim: The person who has the right to claim benefits (the claimant or beneficiary, or his or her
representative) must give us written notice of a claim within 30 days after a covered loss begins. If notice cannot
be given within that time, it must be given as soon as reasonably possible.
The notice should include the Insured Person's name and the policy number. Send it to our office in Hartford,
Connecticut, or give it to our agent.
Claim Forms: When we receive the notice of claim, we will send forms to the claimant for giving us proof of loss.
The forms will be sent within 15 days after we receive the notice of claim.
If the forms are not received, the claimant will satisfy the proof of loss requirement if a written notice of the
occurrence, character and nature of the loss is sent to us.
Proof of Loss: Proof of loss must be sent to us in writing within 90 days after:
a) the end of a period of our liability for periodic payment claims; or
b) the date of the loss for all other claims.
If the claimant is not able to send it within that time, it may be sent as soon as reasonably possible without affecting
the claim. The additional time allowed cannot exceed one year from the date proof of loss is due, unless the
claimant is legally incapacitated.
Time of Claim Payment: We will pay any daily, weekly or monthly benefit due:
a) on a monthly basis, after we receive the proof of loss, while the loss and our liability continue; or
b) immediately after we receive the proof of loss following the end of our liability.
We will pay any other benefit due immediately, but not more than 60 days, after we receive the proof of loss.
Payment of Claims: We will pay any benefit due for loss of the Insured Person's life:
a) according to the beneficiary designation in effect at the time of his or her death; otherwise;
b) to the surviving child or children and spouse in equal shares; otherwise
c) to the parents or parent.
If there is no survivor in these classes, payment will be made to the Insured Person's estate.
All other benefits due and not assigned will be paid to the Insured Person, if living. Otherwise, the benefits will be
paid according to the preceding paragraph.
Form 7679 Z2 FL Statute
Attachment number 1 \nPage 20 of 25
Item # 12
If a benefit due is payable to:
a) the Insured Person's estate; or
b) the Insured Person or a beneficiary who is either a minor or not competent to give a valid release for the
payment;
we may pay up to $1,000 ($3,000 for residents of Florida) of the benefit due to some other person.
The other person will be someone related to the Insured Person or the beneficiary by blood or marriage who we
believe is entitled to the payment. We will be relieved of further responsibility to the extent of any payment made in
good faith.
Physical Examinations and Autopsy: While a claim is pending we have the right at our expense:
a) to have the Insured Person who has a loss examined by a physician when and as often as is reasonably
necessary; and
b) in case of death to make an autopsy, where it is not forbidden by law.
Legal Actions: You cannot take legal action against us:
a) before 60 days following the date proof of loss is sent to us;
b) after 3 years (6 years for residents of South Carolina) following the date proof of loss is due (for Florida
residents, after the expiration of the applicable statute of limitations following the date proof of loss is due).
Naming a Beneficiary: The Insured Person may name a beneficiary or change a revocably named beneficiary by
giving your written request to the Policyholder. His or her request takes effect on the date you execute it,
regardless of whether he or she is living when the Policyholder receives it. We will be relieved of further
responsibility to the extent of any payment we made in good faith before the Policyholder received his or her
request.
Assignment: We will recognize any assignment the Insured Person makes under this policy, provided:
a) it is duly executed; and
b) a copy is on file with us.
We and the Policyholder assume no responsibility for the validity or effect of an assignment.
Form 7679 Z3
Attachment number 1 \nPage 21 of 25
Item # 12
SCHEDULE
RIDER #1
This rider forms a part of Policy Number ETB-105344 issued to City of Clearwater and all certificates given in
connection with the Policy.
EFFECTIVE DATE
This rider becomes effective on the later of:
1) October 1, 2010; or
2) the effective date of the policy or certificate to which this rider is attached.
Family Medical Benefit
If a covered individual suffers a catastrophic injury or loss of life in the line of duty that is payable under this policy,
and such loss is a result of:
1) an act of violence committed by another person while the insured is engaged in the performance of
your duties;
2) an assault under riot conditions; or
3) the insured’s response to fresh pursuit, the insured’s response to what is reasonably believed to be an
emergency, or an unlawful act perpetrated by another;
this rider provides an annual reimbursement for the Insured Person’s dependents' health insurance premium for the
specified duration and up to the specified annual maximum.
Notwithstanding the Payment of Claims Provision, payment under this benefit is made to the Policyholder for the
benefit of the Insured Person’s dependents.
Catastrophic injury means a permanent impairment constituted by:
a. Spinal cord injury involving severe paralysis of an arm, a leg, or the trunk;
b. Amputation of an arm, a hand, a foot, or a leg involving the effective loss of use of that appendage;
c. Severe brain or closed-head injury as evidenced by:
1. Severe sensory or motor disturbances;
2. Severe communication disturbances;
3. Severe complex integrated disturbances of cerebral function;
4. Severe episodic neurological disorders; or
5. Other severe brain and closed-head injury conditions at least as severe in nature as any
condition provided in subparagraphs 1.-4.;
d. Second-degree or third-degree burns of 25 percent or more of the total body surface or third-
degree burns of 5 percent or more to the face and hands;
e. Total or industrial blindness; or
f. Any other injury that would otherwise qualify under this chapter of a nature and severity that would
qualify an employee to receive disability income benefits under Title II or supplemental security
income benefits under Title XVI of the federal Social Security Act as the Social Security Act existed
on July 1, 1992, without regard to any time limitations provided under that act.
Attachment number 1 \nPage 22 of 25
Item # 12
Dependent means:
1. The Insured Person’s spouse or domestic partner who is not legally separated or divorced from the
Insured individual on the date of the accident; and
2. The Insured Person’s dependent child until the end of the calendar year in which he or she reaches the
age of 25, and
a. at the time of the Insured Person’s death, the child was dependent upon him or her for support; and
b. the surviving child continues to be dependent for support, or the surviving child is a full-time or part-
time student and is dependent for support.
We must receive Proof of Loss, in accordance with the provisions of the Policy within 12 months of the Insured
Person’s death.
The benefit amount will be the lesser of:
a. $5,000; or
b. the annual actual cost of the dependents’ health insurance premium;
each year, for a maximum of 5 years.
Proof of payment of health insurance premium must be submitted annually.
If, within that 5-year period, the Insured Person’s:
1) spouse dies or remarries; or
2) dependent child is no longer dependent for support, dies or reaches the end of the calendar year in
which he or she reaches the age of 25,
the benefit will not longer be payable for that person’s portion of the health insurance premium, and the benefit
amount shall be re-determined. The re-determined amount will be based on the health insurance premiums of the
dependents eligible for this benefit at the time of re-determination.
In all other respects, the policy and certificates remain the same.
Signed for Hartford Life and Accident Insurance Company.
Ricardo A. Anzaldua, Secretary John C. Walters, President
Form PA-9408
Attachment number 1 \nPage 23 of 25
Item # 12
Privacy Policy and Practices of The Hartford Financial Services Group, Inc. and its Affiliates
(herein called “we, our, and us”)
This Privacy Policy applies to our United States Operations
We value your trust. We are committed to the responsible:
a) management;
b) use; and
c) protection;
of Personal Information.
This notice describes how we collect, disclose, and protect
Personal Information.
We collect Personal Information to:
a) service your Transactions with us; and
b) support our business functions.
We may obtain Personal Information from:
a) You;
b) your Transactions with us; and
c) third parties such as a consumer-reporting agency.
Based on the type of product or service You apply for or
get from us, Personal Information such as:
a) your name;
b) your address;
c) your income;
d) your payment; or
e) your credit history;
may be gathered from sources such as applications,
Transactions, and consumer reports.
To serve You and service our business, we may share
certain Personal Information. We will share Personal
Information, only as allowed by law, with affiliates such as:
a) our insurance companies;
b) our employee agents;
c) our brokerage firms; and
d) our administrators.
As allowed by law, we may share Personal Financial
Information with our affiliates to:
a) market our products; or
b) market our services;
to You without providing You with an option to prevent
these disclosures.
We may also share Personal Information, only as allowed
by law, with unaffiliated third parties including:
a) independent agents;
b) brokerage firms;
c) insurance companies;
d) administrators; and
e) service providers;
who help us serve You and service our business.
When allowed by law, we may share certain Personal
Financial Information with other unaffiliated third parties
who assist us by performing services or functions such as:
a) taking surveys;
b) marketing our products or services; or
c) offering financial products or services under a joint
agreement between us and one or more financial
institutions.
We will not sell or share your Personal Financial
Information with anyone for purposes unrelated to our
business functions without offering You the opportunity to:
a) “opt-out;” or
b) “opt-in;”
as required by law.
We only disclose Personal Health Information with:
a) your proper written authorization; or
b) as otherwise allowed or required by law.
Our employees have access to Personal Information in
the course of doing their jobs, such as:
a) underwriting policies;
b) paying claims;
c) developing new products; or
d) advising customers of our products and services.
We use manual and electronic security procedures to
maintain:
a) the confidentiality; and
b) the integrity of;
Personal Information that we have. We use these
procedures to guard against unauthorized access.
Attachment number 1 \nPage 24 of 25
Item # 12
HPP Revised September 2012
Some techniques we use to protect Personal Information
include:
a) secured files;
b) user authentication;
c) encryption;
d) firewall technology; and
e) the use of detection software.
We are responsible for and must:
a) identify information to be protected;
b) provide an adequate level of protection for that data;
c) grant access to protected data only to those people
who must use it in the performance of their job-related
duties.
Employees who violate our Privacy Policy will be subject to
discipline, which may include ending their employment with
us.
At the start of our business relationship, we will give You a
copy of our current Privacy Policy.
We will also give You a copy of our current Privacy Policy
once a year if You maintain a continuing business
relationship with us.
We will continue to follow our Privacy Policy regarding
Personal Information even when a business relationship
no longer exists between us.
As used in this Privacy Notice:
Application means your request for our product or service.
Personal Financial Information means financial
information such as:
a) credit history;
b) income;
c) financial benefits; or
d) policy or claim information.
Personal Health Information means health information
such as:
a) your medical records; or
b) information about your illness, disability or injury.
Personal Information means information that identifies
You personally and is not otherwise available to the public.
It includes:
a) Personal Financial Information; and
b) Personal Health Information.
Transaction means your business dealings with us, such
as:
a) your Application;
b) your request for us to pay a claim; and
c) your request for us to take an action on your account.
You means an individual who has given us Personal
Information in conjunction with:
a) asking about;
b) applying for; or
c) obtaining;
a financial product or service from us if the product or
service is used mainly for personal, family, or household
purposes.
This Privacy Policy is being provided on behalf of the following affiliates of The Hartford Financial Services Group, Inc.:
American Maturity Life Insurance Company; First State Insurance Company; Hartford Accident and Indemnity Company; Hartford Administrative
Services Company; Hartford Casualty Insurance Company; Hartford Equity Sales Company, Inc.; Hartford Fire Insurance Company; Hartford Fire
General Agency, Inc.; Hartford HLS Series Fund II, Inc.; Hartford Insurance Company of Illinois; Hartford Insurance Company of the Midwest;
Hartford Insurance Company of the Southeast; Hartford International Life Reassurance Corporation; Hartford Investment Advisory Company, LLC;
Hartford Investment Financial Services, LLC; Hartford Investment Management Company; Hartford Life and Accident Insurance Company;
Hartford Life and Annuity Insurance Company; Hartford Life Insurance Company; Hartford Lloyd’s Insurance Company; Hartford Mezzanine
Investors I, LLC; Hartford Retirement Services, LLC ; Hartford Securities Distribution Company, Inc.; Hartford Series Fund, Inc; Hartford Specialty
Insurance Services of Texas, LLC; Hartford Underwriters Insurance Company; Hartford-Comprehensive Employee Benefit Service Company; HL
Investment Advisors, LLC; M-CAP Insurance Agency, LLC; New England Insurance Company; New England Reinsurance Corporation; Nutmeg
Insurance Agency, Inc.; Nutmeg Insurance Company; Pacific Insurance Company, Limited; Hartford Life Distributors, LLC; Property and Casualty
Insurance Company of Hartford; Sentinel Insurance Company, Ltd.; The Hartford Alternative Strategies Fund ; The Hartford Mutual Funds II, Inc.;
The Hartford Mutual Funds, Inc.; Trumbull Insurance Company.; Twin City Fire Insurance Company.
Questions about this Privacy Policy may be directed to the following address: The Hartford, GB Compliance Department, 200 Hopmeadow St.,
Simsbury, CT 06089
Attachment number 1 \nPage 25 of 25
Item # 12
City Council Agenda
Council Chambers - City Hall
Meeting Date:4/18/2013
SUBJECT / RECOMMENDATION:
Accept a Modification of Deed granted by U.S. Home Corporation, former owners of real property currently owned by the City for
use as the Countryside Recreation Center. (consent)
SUMMARY:
The subject property was donated to the City by U.S Home Corporation in 1978. The deed used to convey the property has
restrictions requiring the property to be maintained and used only for the purpose of a public park and recreation area.
In addition to these allowable uses, the Modification of Deed will allow the property to be used for the construction and use of a
public library.
Acceptance of this Modification of Deed by U.S. Home Corporation does not require the City to construct a public library but
allows for the construction and operation of a public library.
Staff recommends acceptance of the Modification of Deed.
Review Approval:
Cover Memo
Item # 13
Attachment number 1 \nPage 1 of 2
Item # 13
Attachment number 1 \nPage 2 of 2
Item # 13
Attachment number 2 \nPage 1 of 2
Item # 13
Attachment number 2 \nPage 2 of 2
Item # 13
City Council Agenda
Council Chambers - City Hall
Meeting Date:4/18/2013
SUBJECT / RECOMMENDATION:
Award a contract (purchase order) to Landscape Structures Inc. of Delano, MN for the construction and installation of a one of a kind
Sand Castle Playground and Welcome sign at Pier 60 Park for $438,881 and approve the transfer of $100,000 from unappropriated
retained earnings to CIP 315-93624 Pier 60 Park Repair and Improvement at mid-year, to construct a military flag plaza to be located
in Pier 60 Park. (consent)
SUMMARY:
In Fiscal Year 2010/11, the City Council approved a new Capital Improvement Project for $510,000 to fund repairs and
improvements to Pier 60 Park.
The scope of the project included the repair of existing seating wall, site furniture, ground renovation, walkways, irrigation repairs,
special event layout improvements in order to make the park consistent with the major improvement made in the Beach Walk project
as well as the addition of a new concept in play structures that will become a focal spot on the beach.
The purchase of the sandcastle playground and entry sign will become that focal point for all persons visiting Clearwater Beach and
become a prime photo opportunity for all visitors to the beach and Pier 60 Park. In time staff believes it will be a prime quality
tourist attraction and a destination place for visitors and residents.
The playground is unique in that the main structures are constructed from concrete and is designed to withstand the harsh beach
weather with little to no maintenance. It is colorful and full of unique play areas that allow children to explore the wonders of a life-
size sand castle, including a main central tower and a portion of the sand castle being washed away with the tide.
Staff is recommending the purchase from Landscape Structures Inc. as a sole source item as all playground manufactures design and
make equipment that while similar is unique to their product line and not competitive. The City has traditionally purchased
equipment from various vendors in order to take advantage of special pricing and quality designs.
If approved, it will take approximately 4 months for construction and delivery with installation scheduled for September of this
year.
Additional funding is being requested in this project to construct a military flag plaza in Pier 60 Park at the end of State Road 60 and
the roundabout to honor all of the branches of the military. While the plaza has not been fully designed, it will incorporate the same
type of coquina style material used for the doughboy statues at the beginning of the Memorial Causeway Bridge. If approved, funds
will be transferred at mid-year from unappropriated retained earnings.
Type:Capital expenditure
Current Year Budget?:Yes Budget Adjustment:Yes
Budget Adjustment Comments:
Requesting $100,000 for Military Flag Plaza at Pier 60 Park.
Current Year Cost:$538,881 Annual Operating Cost:-0-
Not to Exceed:$538,881 Total Cost:$538,881
For Fiscal Year:2012 to 2013
Appropriation Code Amount Appropriation Comment
Cover Memo
Item # 14
315-93624 $438,881 Cost of Playground
315-93624 $100,000 Flag Plaza
Bid Required?:No Bid Number:
Other Bid / Contract:Bid Exceptions:Sole
Source
Review Approval:
Cover Memo
Item # 14
Attachment number 1 \nPage 1 of 4
Item # 14
Attachment number 1 \nPage 2 of 4
Item # 14
Attachment number 1 \nPage 3 of 4
Item # 14
Attachment number 1 \nPage 4 of 4
Item # 14
Attachment number 2 \nPage 1 of 1
Item # 14
Attachment number 3 \nPage 1 of 1
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Item # 14
CLEARWATER CITY COUNCIL
Meeting Date: i S' t3
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As stated in Council Rules, "Representatives of a group may speak for three minutes plus an
additional minute for each person in the audience that waives their right to speak, up to a
maximum of ten minutes."
We the undersigned designate - .. (p/ease print)
as our spokesperson and waive our right to speak.
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S:\FORMS\Public Comments at Council Meeting.doc
9700-0034
March 18, 2008
i
City Council Agenda
Council Chambers - City Hall
Meeting Date:4/18/2013
SUBJECT / RECOMMENDATION:
Approve co-sponsorship and waiver of requested City fees and service charges for Fiscal Year 2013/14 special events, including five
annual City events and fourteen City co-sponsored events, at an estimated General Fund cost of $382,685 ($24,300 cash contributions
and $358,385 in-kind contributions) and Enterprise Fund cost and fee waiver of $86,410, for the purposes of Fiscal Year 2013/14
departmental budget submittals. (consent)
SUMMARY:
According to City Council Policy 4M, Special Event Fees, there shall be an annual review of City sponsored/co-sponsored events
during the budget process. An agenda item approving co-sponsorship and level of support for these events will be brought before the
City Council at the beginning of the budget process each fiscal year.
In the event additional money is requested beyond what is included in the approved budget, City Council approval will be needed.
Staff recommended level of cash and in-kind contributions to be included in the various departmental budgets for Fiscal Year
2013/14 for City sponsored and co-sponsored special events, which includes 34 additional special events requiring some type of in-
kind support from the Parks and Recreation Special Events Division during Fiscal Year 2013/14.
It should be noted, that this represents an increase of $18,520 in General Fund support from Fiscal Year 2012/13 and a total decrease
in Enterprise fund support of $17,780. The increase in General Fund is due primarily to:
· Overall 3% increase in salaries
· Fire service increasing staffing levels to meet National Best Practice Standards
· Police support of Tri Rock increase based upon operating the event for one year
The decrease in enterprise funds is for adjustments made for the Tri Rock event with reductions in lost parking revenue and a
reduction of sanitation costs for Tri Rock event. The overall Tri Rock level of support remains the same.
Cash Requests of $24,300 is the same as Fiscal Year 2012: Clearwater Veterans Alliance ($5,000), Clearwater Jazz Holiday
($14,550), and the Martin Luther King, Jr. Day March and Rally ($4,750).
For Council's consideration, the following four events are requesting City support and co-sponsorship for Fiscal Year 2013/14.
1. Light It Up Clearwater - The Clearwater Beach Chamber has requested $10,000 in cash support for fireworks to support
events on Clearwater Beach. (Increase $10,000 cash, 500 in attendance)
2. Christmas Boat Parade - This event has been held in Clearwater for many years and continues to grow. In order to
accommodate more people viewing the event from Coachman Park, staff is requesting $825 in additional in kind support for
portalets, security, police and marketing. (Increase $825 operating budgets, 3,000 in attendance)
3. Clearwater Beach Restaurant Week – The Clearwater Beach Chamber of Commerce is requesting $2550 in total in kind
services including police security, parking services, dumpsters, barricades and barricade trailer, in-kind marketing support and
tent inspection. Funds raised to benefit local non-profits like Clearwater Marine Aquarium. (Increase $2,550 operating
budgets, 3,000 in attendance)
4. Run/Walk for Willa - This event is a fundraising event for the Willa Carson Health and Wellness Center. Last year's event
had less than 50 participants. In-kind service of $3,100 representing police security, sound tech and equipment, chairs, tables,
staging and in-kind marketing support is being requested ($3,100 operating budgets, 350 anticipated attendance).
Cover Memo
Item # 15
At the April 15 2013 work session, there was council consensus to not fund requests for Light it Up Clearwater and
Run/Walk for Willa. Staff was directed to fund the Christmas Boat Parade and limit funding for the Clearwater Beach
Restaurant Week to parking waiver fees.
Type:Operating Expenditure
Current Year Budget?:No Budget Adjustment:No
Budget Adjustment Comments:
Current Year Cost:$469,095 Annual Operating Cost:-0-
Not to Exceed:$469,095 Total Cost:$469,095
For Fiscal Year:2013 to 2014
Appropriation Code Amount Appropriation Comment
Various $382,685 Various General Fund Costs
Various $86,410 Various Enterprise Fund Costs
Bid Required?:No Bid Number:
Other Bid / Contract:Bid Exceptions:None
Review Approval:
Cover Memo
Item # 15
Attachment number 1 \nPage 1 of 1
Item # 15
Attachment number 2 \nPage 1 of 1
Item # 15
Attachment number 3 \nPage 1 of 1
Item # 15
City Council Agenda
Council Chambers - City Hall
Meeting Date:4/18/2013
SUBJECT / RECOMMENDATION:
Award a Contract (Purchase Order) for $253,497.00 to RingPower of Riverview, FL for one Caterpillar M322 Hydraulic Excavator,
Wheeled Type, 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 Excavator will be purchased through the Florida Sheriff's Association Contract 12-10-0905, Specification 20
and quote dated March 18, 2013.
The Excavator will replace G2615 (2002 Gradall Excavator with 2286 hours and 1306 hours). The Excavator is
included in the Fiscal Year 2012/2013 Garage CIP Replacement Fund. The Excavator is assigned to Stormwater in
Engineering.
Type:Purchase
Current Year Budget?:Yes Budget Adjustment:None
Budget Adjustment Comments:
Current Year Cost:$52,727.38 Annual Operating Cost:$5,857.59
Not to Exceed:Total Cost:$58,806.38
For Fiscal Year:2013 to 2014
Appropriation Code Amount Appropriation Comment
0316-94241-564100-519-
0000
$253,497.00L/P CIP
Bid Required?:Yes Bid Number:
Other Bid / Contract:
Florida
Sheriff's
Association
Contract #12-
10-0905
Bid Exceptions:None
Review Approval:
Cover Memo
Item # 16
City Council Agenda
Council Chambers - City Hall
Meeting Date:4/18/2013
SUBJECT / RECOMMENDATION:
Award a Contract (Purchase Order) for $303,520.10 to Rush Truck Center of Tampa, FL for one Peterbilt Model 320 chassis with E-
Z Pack CFL 35 Cubic Yard 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 Front Loader will be purchased through the Florida Sheriff's Association Contract 12-10-0905, Specification 12
and quote dated February 15, 2013.
This truck will replace G2773 (2002 Peterbilt front loader with 68,339 miles). The front loader is included in the
Fiscal Year 2012/2013 Garage Replacement Fund. The front loader is assigned to Solid Waste.
The front loader will be CNG powered and the cost to upgrade is $34,545.00. The payback term is 6.9 years.
Type:Purchase
Current Year Budget?:Yes Budget Adjustment:None
Budget Adjustment Comments:
Current Year Cost:$63,132.18 Annual Operating Cost:$28,998.99
Not to Exceed:Total Cost:$92,131.17
For Fiscal Year:2013 to 2014
Appropriation Code Amount Appropriation Comment
0316-94241-564100-519-
0000
$303,520.10 L/P CIP
Bid Required?:Yes Bid Number:
Other Bid / Contract:
Florida
Sheriff's
Association
Contract #12-
10-0905
Bid Exceptions:None
Review Approval:
Cover Memo
Item # 17
City Council Agenda
Council Chambers - City Hall
Meeting Date:4/18/2013
SUBJECT / RECOMMENDATION:
Approve a $252,000.00 Blanket Purchase Order, from May 1, 2013 through April 30, 2014, to Water Specialists Technologies LLC,
of Sanford, FL for the purchase of copper precipitant TR-50, and authorize the appropriate officials to execute same. (consent)
SUMMARY:
The City of Clearwater owns and operates three Water Reclamation Facilities (WRF) and must comply with regulatory
requirements as set forth in the operating permits issued through the Florida Department of Environmental Protection
(FDEP). TR-50 is a copper precipitant that is used to maintain permit compliance for copper removal limitations in effluent
discharged into receiving surface waters. The FDEP permitted effluent limit is 3.7 parts per billion.
TR-50 is a proprietary, sole source product. It was selected for use in 2006 after an extensive engineering study was
undertaken to find the product best capable of allowing the City’s facilities to meet FDEP permit requirements while not
causing any toxicity, creating any chemical interaction side effects, and being the most cost-effective.Sole source
purchase of this chemical meets all requirements of Section 2.564 (1)(b) of the Code of Ordinances.
Water Specialists Technologies (WST) is the sole source and manufacturer of TR-50. They hold patent number
4,943,377 for Thio-Red, a method for removing dissolved heavy metals from waste oils, industrial wastewaters, or any
polar solvent. Thio-Red is the primary ingredient in TR-50, and Water Specialists Technologies is the sole manufacturer
of this product. WST does not currently have any other TR-50 distributors within the state of Florida.
WST has held Clearwater’s discounted price ($0.55/lb.) for TR-50 at or below their distributors’ pricing for many years.
The attached letter reflects pricing, our arrangement for the return of used totes (an offer that is not extended to any of
their other customers), and WST’s continued regard of Clearwater as a preferred customer.
This product has met all expectations and has performed very well. It has not exhibited any toxicity and has not created
any chemical interaction related ill-effects. The plants have met the permit-required FDEP copper limitation ever since the
chemical began being used.
Sufficient budget is available in the Water and Sewer Utility Fund operating cost center 0421-01351-551000-535-000-
0000, WPC Operations, to fund $105,000.00 of the current year cost and is planned in the budget request to be brought
forward for Fiscal Year 13/14 in the amount of $147,000.00.
Type:Operating Expenditure
Current Year Budget?:Yes Budget Adjustment:None
Budget Adjustment Comments:
Current Year Cost:$105,000.00 Annual Operating Cost:
Not to Exceed:Total Cost:$252,000.00
For Fiscal Year:FY12 to FY13
Appropriation Code Amount Appropriation Comment
0421-01351-551000-535-000-
0000
$105,000.00 FY12/13
0421-01351-551000-535-000-$147,000.00 FY13/14
Cover Memo
Item # 18
0000
Bid Required?:No Bid Number:
Other Bid / Contract:Bid Exceptions:Sole Source
Review Approval:
Cover Memo
Item # 18
DATE: April 1, 2013
TO: City of Clearwater
ATTN: Dave Porter, WET Manager
SUBJ: TR-50
Water Specialists Technologies is the sole source and manufacturer of TR-50, the City
of Clearwater’s long-standing waste water treatment chemistry. We hold patent number
4,943,377 for Thio-Red, a method for removing dissolved heavy metals from waste oils,
industrial wastewaters, or any polar solvent. Thio-Red is the primary ingredient in TR-
50, and Water Specialists Technologies is the sole manufacturer of this product.
We do not currently have any other TR-50 distributor within the state of Florida. The
shipping costs provided to Water Specialists Technologies by our LTL carriers are in
turn reflected in Clearwater’s lower in-state freight charges.
Your sales representative (and Water Specialists Technologies’ owner), Dean
Schmelter, has held Clearwater’s discounted price for this chemistry at or below our
distributors’ pricing for many years. It reflects both our arrangment for the return of your
used totes (an offer that is not extended to any of our other customers), and our
continued regard of Clearwater as a preferred customer.
Current pricing of TR-50 in 2580 pound 275 gallon totes remains at $0.55/lb.
Please call if you have any questions, or if there is anything else you need to set up a
blanket purchase order with us again this year. We look forward to continuing to serve
you in the future, and appreciate your business.
Pam McKenzie
Business Manager
1515 Kastner Place, Sanford, FL 32771 * 407-321-7910 * fax: 407-321-3098
Attachment number 1 \nPage 1 of 1
Item # 18
City Council Agenda
Council Chambers - City Hall
Meeting Date:4/18/2013
SUBJECT / RECOMMENDATION:
Approve a Blanket Purchase Order to T. Wayne Hill Trucking, Inc., of Bartow, FL in the amount of $1,636,000.08 for biosolids
services for a one-year period with two optional annual extensions, and authorize the appropriate officials to execute same. (consent)
SUMMARY:
The City of Clearwater’s Water Reclamation Facilities (WRF) produces a residual product (biosolids) that requires hauling
and disposal. The City’s current contract for the hauling and disposal of these biosolids expires April 30, 2013.
In response to the Request for Proposal 14-13 (RFP), three responses were received March 18, 2013. T. Wayne Hill
Trucking, Inc. represented the lowest responsive bidder for Base Bid Services at $24.46/wet ton for stabilized biosolids
cake removal and disposal and $0.03/gallon for unstabilized liquid sludge transport.
The contractor is required to provide two basic services: (1) to remove and dispose of stabilized (Class B) dewatered
biosolids; and (2) to transport unstabilized liquid domestic wastewater residuals from the City’s East WRF to the
Northeast WRF for treatment and dewatering. In addition, alternate services as outlined in the RFP, and for which unit
prices were provided in the contractor’s bid, may be provided at the City’s direction should specific emergency conditions
develop at one or more of our facilities.
The contractor accepts full responsibility and liability for the hauling and disposal of residuals from the points of loading
from the source facility, in accordance with Chapter 62-640, F.A.C., and shall be responsible to comply with existing
Florida Department of Environmental Protection (FDEP), and the United States Environmental Protection Agency
(USEPA) residuals treatment and disposal regulations, all other applicable federal, state and local regulations, and any
changes made to these regulations during the contract period.
Sufficient budget is available in the Water and Sewer Utility Fund operating cost center 0421-01351-530300-535-000-
0000, WPC Operations, to fund $228,591.79 of the remainder of the current year cost of this contract and is planned in
the budget request to be brought forward for Fiscal Year 13/14 in the amount of $545,333.36, for Fiscal Year 14/15 in the
amount of $545,333.36, and for Fiscal Year 15/16 in the amount of $316,741.57.
Type:Operating Expenditure
Current Year Budget?:Yes Budget Adjustment:None
Budget Adjustment Comments:
Current Year Cost:$228,591.79 Annual Operating Cost:$545,333.36
Not to Exceed:Total Cost:$1,636,000.08
For Fiscal Year:2013 to 2016
Appropriation Code Amount Appropriation Comment
421-01351-530300-535-000-
0000
$228,591.79 FY12/13
421-01351-530300-535-000-
0000
$545,333.36 FY13/14
421-01351-530300-535-000-
0000
$545,333.36FY14/15
Cover Memo
Item # 19
421-01351-530300-535-000-
0000
$316,741.57 FY15/16
Bid Required?:Yes Bid Number:RFP 14-13
Other Bid / Contract:Bid Exceptions:None
Review Approval:
Cover Memo
Item # 19
REQUEST FOR PROPOSAL RFP 14-13
Proposers:
HH H&H LIQUID SLUDGE DISPOSAL, INC.AMS APPLACHIAN MATERIAL SERVICE, INC.
6990 US HIGHWAY 27 P.O. BOX 97
BRANFORD, FL 32008 TERRA CEIA, FL 34250-0097
STEVE HACHT or RICK HACHT JON WIMPY
800.653.0386 941.776.8706
TWH T. WAYNE HILL TRUCKING, INC.
595 W. SUMMERLIN STREET
BARTOW, FL 33830
DOUGLAS W. HILL
863.519.6677
Proposal Prices:TWHHHAMS
Cost Basis
Base Bid - Stabilized Cake To LA $/Wet Ton 24.46$ 36.48$ 39.73$
Base Bid - Unstab. Liq. East to NE $/Gallon 0.0300$ 0.0350$ 0.0439$
Alt - Class B Cake Incorporated $/Wet Ton 54.00$ N/A 47.73$
FOR THE CITY OF CLEARWATER
BIOSOLIDS SERVICES
Alt - Unstab. Cake to RMF $/Wet Ton 54.00$ 47.67$ 61.89$
(Class B stabilized not meeting vector)$/Wet Ton 36.48$
Alt - Unstab. Cake to LF $/Wet Ton 54.00$ 52.10$ 61.89$
Alt - Unstab. Liqd. Marsh. To NE $/Gallon 0.0400$ N/A 0.0439$
Alt - Unstab. Liqd. East to Marsh.$/Gallon 0.0400$ N/A 0.0439$
Weekly 156 Weeks
TWH Base Bid Items Total: 9,532.60$ 1,487,085.60$
HH Base Bid Items Total:13,583.80$ 2,119,072.80$
AMS Base Bid Items Total:15,169.80$ 2,366,488.80$
ADVERTISED: TAMPA BAY TIMES 2/16/2013
myclearwater.com 2/14/2013 - 3/18/2013
Attachment number 1 \nPage 1 of 1
Item # 19
City Council Agenda
Council Chambers - City Hall
Meeting Date:4/18/2013
SUBJECT / RECOMMENDATION:
Approve Change Order 2 to Layne Inliner, LLC in the amount of $420,000.00 for sanitary sewer line cleaning and inspection at various
locations throughout the City of Clearwater for a new contract total of $1,620,000.00; and authorize the appropriate officials to execute same.
(consent)
SUMMARY:
The City has initiated a comprehensive maintenance program to clean, inspect, rehabilitate and repair existing sanitary sewer
pipelines and manholes throughout the City of Clearwater. A key element of the maintenance program is preventative cleaning
and inspecting with closed circuit television to identify deficiencies in the underground infrastructure. This type of work is
performed by a combination of both City and contract crews in order to meet program goals. The program objective is to
maintain the integrity of the sanitary sewer system and minimize disruptions in service to our citizens.
April 15, 2010, the Clearwater City Council awarded a contract to Reynolds Inliner, LLC for the Sanitary Sewer and Televising
Inspection per Bid 09-0047-UT in the amount of $800,000 with two one-year extensions, when agreed by both parties.
August 16, 2012, City Council approved Change Order 1 to Reynolds Inliner, LLC, who has changed their name to Layne
Inliner, LLC, in the amount of $400,000 to provide continued services to the City with the same terms and conditions of the
contract.
The goal of this agenda item is to extend the contract one more year and add $420,000 to the current contract for the same
pricing, terms and conditions.
The City Utilities staff will coordinate with in-house crew progress and direct the contractor, on an ongoing basis, to those areas
as prescribed in the preventative maintenance schedule to meet program goals.
Sufficient revenue is available in Utility Renewal and Replacement project 0327-96665, Sanitary Sewer R and R to fund this
change order.
Type:Capital expenditure
Current Year Budget?:Yes Budget Adjustment:No
Budget Adjustment Comments:
See Summary
Current Year Cost:$420,000 Annual Operating Cost:
Not to Exceed:$420,000 Total Cost:$420,000
For Fiscal Year:2012 to 2013
Appropriation Code Amount Appropriation Comment
0327-96665-563800-535-000-
0000
$420,000See Summary
Bid Required?:No Bid Number:09-0047-
UT
Other Bid / Contract:Bid Exceptions:None
Review Approval:
Cover Memo
Item # 20
CHANGE ORDER 2 DATE: 3/20/2013
CONTRACTOR:
Layne Liner, LLC
14413 62nd Street North
Clearwater, FL
SCOPE OF CHANGE: THIS CHANGE ORDER ACCEPTS REVISIONS TO THE CONTRACT
STATEMENT OF CONTRACT AMOUNT ACCEPTED BY:
Layne Inliner, LLC
ORIGINAL CONTRACT AMOUNT $800,000.00
CO 1 - City Council - 8/16/2012 $400,000.00
$420,000.00 By: (SEAL)
NEW CONTRACT AMOUNT 1,620,000.00$ Mark Harris, Vice President
APPROVED AS TO FORM: Date:
Witnesses:
Camilo Soto, Assistant City Attorney
George N Cretekos, Mayor
ATTEST:
Recommended By:
Rosemarie Call, City Clerk City of Clearwater
Date:
CITY OF CLEARWATER, in Lan-Anh Nguyen, PE, Project Manager
PINELLAS COUNTY, FLORIDA
William B. Horne, II City Manager Michael D Quillen, PE, City Engineer
PROJECT: 2009-2010 Sanitary Sewer and Manhole Rehabilitation - Sanitary
Sewer Cleaning and Televising Inspection
0327-96665-563800-535-000-0000 B
PROJECT NUMBER: 09-0047-UT
This change order is to extend the contract for another year and increase the funding with all unit prices, terms and conditions
remaining the same-see attached for details. as they have changed names.
PO REFERENCE NO.: ST106417
DATE OF CONTRACT: May 18, 2010
CODE: 0376-96665-563800-535-000-0000 A
COUNCIL AWARD: April 15, 2010
CO 2 - City Council - 4/16/2013
Attachment number 1 \nPage 1 of 2
Item # 20
RE: Change Order 2 - 2009-10 Sanitary Sewer and Manhole Rehabilitation Sanitary Sewer Cleaning and Televising Inspection
ITEM DESCRIPTION UNIT QTY UNIT COST TOTAL COST
Code B: 0327-96665-563800-535-000-0000
Increases:
1. Sewer Line Cleaning
a. Mobilization LS 20 $0.01 $0.20
b. Heavy Cleaning (per lf)
8"-10" Diameter LF 50,000 $0.01 $500.00
12"-15" Diameter LF 3,000 $0.01 $30.00
16"-24" Diameter LF 4,000 $0.01 $40.00
30"-36" Diameter LF 2,000 $10.00 $20,000.00
c. Root Removal
8"-10" Diameter LF 1,000 $0.01 $10.00
12"-15" Diameter LF 1,000 $0.01 $10.00
16"-24" Diameter LF 1,000 $0.01 $10.00
30"-36" Diameter LF 560 $0.01 $5.60
d. Easement Access Additional
8"-10" Diameter LF #######$0.01 $2,000.00
12"-15" Diameter LF 15,000 $0.01 $150.00
16"-24" Diameter LF 15,000 $0.01 $150.00
30"-36" Diameter LF 1,500 $0.01 $15.00
e. Turberculation Cleantion
8"-10" Diameter LF 5,000 $0.01 $50.00
12"-15" Diameter LF 5,000 $0.01 $50.00
16"-24" Diameter LF 5,000 $0.01 $50.00
30"-36" Diameter LF 5,000 $0.01 $50.00
$0.00
f. Manhole Clean/Jet-Vac EA 400 $10.00 $4,000.00
2. CCTV Pipe Inspection with PACP/CUES Granite XP compatibility
a. Mobilization include Traffic Control LS 20 $0.01 $0.20
b. CCTV pipe inspection
8"-10" Diameter LF #######$1.40 $140,000.00
12"-15" Diameter LF 30,000 $2.00 $60,000.00
16"-24" Diameter LF 45,000 $3.50 $157,500.00
30"-36" Diameter LF 4,100 $6.50 $26,650.00
c. Manhole Inspection EA 500 $10.00 $5,000.00
d. Smoke Testing LF 3,529 $1.00 $3,529.00
e. Additional Set-Up LS 200 $1.00 $200.00
Total Increases:$420,000.00
Page 2 of 2 continued:
Attachment number 1 \nPage 2 of 2
Item # 20
City Council Agenda
Council Chambers - City Hall
Meeting Date:4/18/2013
SUBJECT / RECOMMENDATION:
Approve Parking Consultant of Record contracts with Kimley-Horn and Associates; TimHaahs; and Walker Parking Consultants for a
period of three years, commencing April 22, 2013, and authorize the appropriate officials to execute same. (consent)
SUMMARY:
On February 4, 2013, Requests for Qualifications (RFQ 13-13) were solicited from parking consulting firms to serve
as Parking Consultants of Record for the City for a three-year period.
Three firms responded. All three of these firms have previously served as parking consultants for the City and have
performed quality work; consequently, staff is recommending entering into contracts with all three firms. Entering
into contracts with these firms will enable the City to continue to utilize well-qualified firms to complete a large
variety of parking related tasks over the next three years.
Bid Required?:No Bid Number:
Other Bid / Contract:Bid Exceptions:None
Review Approval:
Cover Memo
Item # 21
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Item # 21
AGREEMENT
FOR
PROFESSIONAL SERVICES
This AGREEMENT is made and entered into on the ______ day of _________________, 2013
by and between the City of Clearwater, Florida (CITY) and
_________________________________, (CONSULTANT).
WITNESSETH:
WHEREAS the CITY desires to engage the CONSULTANT to perform certain professional
services pertinent to such work in accordance with this Agreement; and
WHEREAS the CONSULTANT desires to provide such professional services in accordance
with this Agreement; and
WHEREAS the CITY selected the CONSULTANT in accordance with the competitive selection
process described in Section 287.055 of the Florida Statutes, and based on information and
representations given by the CONSULTANT in a proposal dated March 15, 2013:
NOW, THEREFORE, in consideration of the premises and the mutual benefits which will accrue
to the parties hereto in carrying out the terms of this Agreement, it is mutually understood and
agreed as follows:
1.0 GENERAL SCOPE OF THIS AGREEMENT
The relationship of the CONSULTANT to the CITY will be that of a professional
consultant, and the CONSULTANT will provide the professional and technical services
required under this Agreement in accordance with acceptable engineering practices and
ethical standards.
2.0 PROFESSIONAL TECHNICAL SERVICES
Attachment number 2 \nPage 1 of 15
Item # 21
2.1 It shall be the responsibility of the CONSULTANT to work with and for the
CITY to perform an array of services for the City as it relates to creating additional
parking garages and related parking facilities/operations. Representative assignment
areas are expected to include, but not be limited to, planning, studies or design services as
listed below:
1. Supply/Demand Study
2. Financial Feasibility Study
3. Parking Garage Operational Review (including access and revenue control equipment)
4. Parking Garage Functional Review
5. Parking Garage Site Analysis
6. Design and Construction Management
2.2 The CONSULTANT’S services under this Agreement will be provided under Work
Orders, Generally, each Work Order will include the services for a single project or
assignment, and it will contain a mutually agreed-upon detailed scope of work, fee, and
schedule of performance in accordance with applicable fiscal and budgetary constraints.
Total compensation for all services shall not exceed $100,000 per Work Order unless
specifically authorized by the City Council.
2.3 The CONSULTANT shall maintain an adequate and competent staff of professionally
qualified personnel available to the CITY for the purpose of rendering the required
engineering and/or architect services hereunder, and shall diligently execute the work
to meet the completion time established in Work Order.
2.4 The CITY reserves the right to enter into contracts with other consulting firms for similar
services. The CONSULTANT will, when directed to do so by the CITY, coordinate and
work with other consulting firms retained by the CITY.
3.0 PERIOD OF SERVICE
3.1 The CONSULTANT shall begin work promptly after receipt of a fully executed copy of
each Work Order, in accordance with Paragraph 2.2, above. Receipt of a fully executed
Work Order shall constitute written notice to proceed.
3.2 If the CONSULTANT’S services called for under any Work Order are delayed for
reasons beyond the CONSULTANT’S control, the time of performance shall be adjusted
as appropriate.
3.3 It is the intent of the parties hereto that this Agreement continue in force until three (3)
years from the date of initiation, April 18, 2013, subject to the provisions for termination
Attachment number 2 \nPage 2 of 15
Item # 21
contained herein. Assignments that are in progress at the Contract termination date
will be completed by the CONSULTANT unless specifically terminated by the CITY.
4.0 INSURANCE REQUIREMENTS
See Exhibit “B” attached.
5.0 PROFESSIONAL SERVICES/CONSULTANT’S COMPETITIVE
NEGOTIATION ACT (CCNA) - Florida Statue 287.055
Professional Services provided under this Agreement are within the scope of the practice
of architecture, landscape architecture, professional engineering, or registered land
surveying, as defined by the laws of the State of Florida. Provisions of F.S. 287.055
apply.
6.0 GENERAL CONSIDERATIONS
6.1 All documents including field books, drawings, specifications, calculations, geotechnical
investigation reports, etc., used in the preparation of the work shall be supplied by the
CONSULTANT and shall become the property of the CITY. The CITY acknowledges
that such documents are not intended or represented to be suitable for use by the CITY or
others for purposes other than those for which the documents are prepared. Any reuse of
these documents without written verification or adaptation by the CONSULTANT for the
specific purpose intended will be at the CITY’s sole risk without liability or legal
exposure to the CONSULTANT.
6.2 The CONSULTANT shall prepare preliminary construction cost estimates with each
design submittal to verify the proposed design is within the City project budgets. The
CONSULTANT shall prepare a final estimate of probable construction costs, following
CITY approval of the bid documents and other prebid activities. The CITY hereby
acknowledges that estimates of probable construction costs cannot be guaranteed, and
such estimates are not to be construed as a promise that designed facilities will not
exceed a cost limitation. Should the lowest, responsive and acceptable bid price received
by the CITY within three (3) months from the date of the CITY’s approval of the bid
documents exceed the CONSULTANT’S final cost estimate by more than ten percent
(10%), the CONSULTANT shall perform a detailed evaluation of the low bid. The
evaluation will review the bid prices on a line item basis, identifying areas of
disagreement and providing a rationale for the difference.
6.3 The CONSULTANT will provide expert witnesses, if required, to testify in connection
with any suit at law. A supplemental agreement will be negotiated between the CITY
and the CONSULTANT describing the services desired and providing a basis for
compensation to the CONSULTANT.
Attachment number 2 \nPage 3 of 15
Item # 21
6.4 Upon the CONSULTANT’S written request, the CITY will furnish or cause to be
furnished such reports, studies, instruments, documents, and other information as the
CONSULTANT and CITY mutually deem necessary.
6.5 The CITY and the CONSULTANT each bind themselves and their successors, legal
representatives and assigns to the other party to this Agreement and to the partners,
successors, legal representatives and assigns of each other party, in respect to all
covenants of this Agreement; and, neither the CITY nor the CONSULTANT will assign
or transfer its interest in this Agreement without written consent of the other.
6.6 The CONSULTANT shall indemnify and hold harmless the CITY, and its officers and
employees, from liabilities, damages, losses, and costs, including, but not limited to,
reasonable attorneys’ fees, to the extent caused by the negligence, recklessness, or
intentionally wrongful conduct of the CONSULTANT and other persons employed or
utilized by the CONSULTANT in the performance of this Agreement and any Work
Orders issued under this Agreement.
6.7 The CONSULTANT agrees not to engage the services of any person or persons in the
employ of the CITY to an allied capacity, on either a full or part-time basis, on the date of
the signing of this Agreement, or during its term.
6.8 Key personnel assigned to CITY projects by the CONSULTANT shall not be removed
from the projects until alternate personnel acceptable to the CITY are approved in writing
by the CITY. Key personnel are identified as: Project Manager and technical experts.
6.9 The CONSULTANT shall attach a brief status report on the project(s) with each request
for payment.
6.10 Unless otherwise required by law or judicial order, the Engineer and or Architect agrees
that it shall make no statements, press releases or other public communication
concerning the Agreement or its subject matter or otherwise disclose or permit to be
disclosed any of the data, technical processes, business affairs or other information
obtained or furnished in the conduct of work under this Agreement without first
notifying the City and securing its consent in writing. The Engineer and or Architect also
agrees that it shall not publish, copyright or patent any of the site specific data or reports
furnished for or resulting from work under this Agreement. This does not include
materials previously or concurrently developed by the Engineer and or Architect for “In
House” use. Only data and reports generated by the Engineer and or Architect under this
Agreement shall be the property of the City.
6.11 Pursuant to Florida Statute 287-132-133, effective July 1, 1989, the City of Clearwater,
as a public entity, may not accept any proposal from, award any contract to, or transact
any business in excess of the threshold amount provided in Section 287.017, F.S., for
Category Two (currently $35,000) with any person or affiliate on the convicted vendor
list for a period of 36 months from the date that person or affiliate was placed on the
convicted vendor list unless that person of affiliate has been removed from the list
Attachment number 2 \nPage 4 of 15
Item # 21
pursuant to Section 287.133 (3)(f), F.S.
7.0 COMPENSATION
7.1 The CONSULTANT shall be compensated for all services rendered under this
Agreement in accordance with the provisions of each Work Order, upon presentation of
CONSULTANT’S invoice. An hourly rate schedule and typical methods of
compensation are attached hereto as Exhibit “C”.
7.2 Except as may be addressed in the initiating Work Order, the compensation for services
shall be invoiced by the CONSULTANT and paid by the CITY once each month. Such
invoices shall be due and payable upon receipt.
7.3 The CONSULTANT agrees to allow full and open inspection of payroll records and
expenditures in connection with hourly rate and cost plus fixed fee work assignments
upon request of the CITY.
8.0 PROHIBITION AGAINST CONTINGENT FEES
The CONSULTANT warrants that it has not employed or retained any company or
person, other than a bona fide employee working solely for the CONSULTANT to solicit
or secure this Agreement and that it has not paid or agreed to pay any persons, company,
corporation, individual or firm, other than a bona fide employee working for the
CONSULTANT any fee, commission, percentage, gift, or any other consideration,
contingent upon or resulting from the award or making of this Agreement.
9.0 TERMINATION
This Agreement may be terminated by either party with seven (7) days prior written
notice, in the event of substantial failure to perform in accordance with the terms hereof
by the other party through no fault of the terminating party. If this Agreement is
terminated, the CONSULTANT shall be paid in accordance with the provisions of
outstanding Work Orders for all work performed up to the date of termination.
10.0 SUSPENSION, CANCELLATION OR ABANDONMENT
If the project described in any Work Order is suspended, canceled, or abandoned by the
CITY, without affecting any other Work Order or this Agreement, the CONSULTANT
shall be given five (5) days prior written notice of such action and shall be compensated
for professional services provided up to the date of suspension, cancellation or
abandonment.
Attachment number 2 \nPage 5 of 15
Item # 21
This Agreement shall be administered and interpreted under the laws of the State of
Florida.
11.0 TERMINATION OF CONVENIENCE
Either the CITY or the CONSULTANT may terminate the Agreement at any time by
giving written notice to the other of such termination and specifying the effective date of
such termination at least thirty (30) days before said termination date. If the Agreement
is terminated by the CITY as provided herein, the CONSULTANT will be paid for
services rendered through the date of termination.
Attachment number 2 \nPage 6 of 15
Item # 21
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the
date and year first above written.
______________________________
By: ______________________________
WITNESS:
By: ______________________________
Countersigned: CITY OF CLEARWATER
___________________________ By: ______________________________
George N. Cretekos William B. Horne, II
Mayor-Commissioner City Manager
Approved as to form and ATTEST:
correctness:
___________________________ By: ______________________________
Camilo Soto Rosemarie Call
Assistant City Attorney City Clerk
Attachment number 2 \nPage 7 of 15
Item # 21
EXHIBIT “B”
RISK MANAGEMENT / INSURANCE REQUIREMENTS
FOR
AGREEMENTS AND CONTRACTS
STATEMENT OF PURPOSE: The City of Clearwater enters into agreements and contracts
for services and/or products with other parties.
Agreements and contracts shall contain Risk Management/Insurance terms to protect the City’s
interest and to minimize its potential liabilities. Whenever applicable, the following terms shall
be included in agreements and contracts.
CITY DEFINED: The term “City” (whenever it may appear in this Exhibit) is defined to mean
the City of Clearwater itself, its Council, the Community Redevelopment Agency of the City of
Clearwater, a Florida governmental agency created pursuant to Part III, Chapter 163, Florida
Statute, its duly appointed officers, or other public bodies, officers, employees, volunteers,
representatives and agents.
OTHER PARTY DEFINED: The term “Other Party” (whenever it may appear in this Exhibit)
is defined to mean the other person or entity which is a party to an agreement or contract with the
City, any subsidiaries or affiliates, officers, employees, volunteers, representatives, agents,
contractors, and subcontractors.
HOLD HARMLESS DEFINED: The term “Hold Harmless” (whenever it may appear in this
Exhibit) is defined to mean the City shall be held harmless against all claims for bodily injury,
personal injury, sickness, disease, death or damage to property or loss of use resulting there
from, or arising out of, the agreement or contract unless such claims are a result of the City’s sole
negligence.
PAYMENT ON BEHALF OF CITY DEFINED: The term “Payment on Behalf of City”
(whenever it may appear in this Exhibit) is defined to mean the Other Party agrees to pay on
behalf of the City, and to pay the cost of the City’s legal defense, as may be selected by the City,
for claims or suits arising from the fault of the Other Party or other persons employed or utilized
by the Other Party in performance of the contract. Such payment on behalf of the City shall be
in addition to any and all other legal remedies available to the City and shall not be considered to
be the City’s exclusive remedy.
INSURANCE: The Other Party shall, at its own cost and expense, acquire and maintain (and
cause contractors and subcontractors, if utilized, to acquire and maintain) during the term with
the City, sufficient insurance to adequately protect the respective interest of the parties.
Specifically the Other Party must carry the following minimum types and amounts of insurance
Attachment number 2 \nPage 8 of 15
Item # 21
on an occurrence basis or in the case of coverage that cannot be obtained on an occurrence basis,
then coverage can be obtained on a claims-made basis with a minimum three (3) year tail
following the termination or expiration of the Agreement. These insurance requirements shall
not limit the liability of the Other Party. The City does not represent that these types or amounts
of insurance to be sufficient or adequate to protect the Other Party’s interests or liabilities, but
are merely minimums:
1. COMMERCIAL GENERAL LIABILITY: $1,000,000 per occurrence, including
but not limited to, bodily injury, personal injury, property damage, premises-
operations, products/completed operations, contractual liability, independent
contractors, and liability assumed under an insured contract. If Commercial General
Liability Insurance or other form with a general aggregate limit is used, either the
general aggregate limit shall apply separately to this project/location or the general
aggregate limit shall be twice the required occurrence limit.
2. AUTOMOBILE LIABILITY: $1,000,000 per accident combined single limit, for
bodily injury and property damage for any owned, non-owned, hired, or borrowed
automobile.
3. WORKERS’ COMPENSATION: Other Party will obtain and maintain during the
life of this contract, Workers’ Compensation insurance in accordance with the laws of
the State of Florida, for all of Other Party’s employees employed at the site of the
project. Coverage should include Voluntary Compensation and U.S. Longshoremen’s
and Harbor Worker’s Act coverage where applicable.
4. EMPLOYER’S LIABILITY: $100,000 each employee, each accident, and
$100,000 each employee/$500,000 policy limit for disease, and which meets all state
and federal laws. Coverage must be applicable to employees, contractors, and
subcontractors, if any.
5. WATERCRAFT/AIRCRAFT LIABILITY: If the Other Party’s provision of
services involves utilization of watercraft or aircraft, watercraft and/or aircraft
liability coverage must be provided to include bodily injury and property damage
arising out of ownership, maintenance or use of any watercraft or aircraft, including
owned, non-owned and hired.
6. PRODUCTS/COMPLETED OPERATIONS COVERAGE: The Other Party is
required to continue to purchase products contract or agreement, for minimum of
three (3) years beyond the City’s acceptance of renovation or construction projects.
ACCEPTABILITY OF INSURERS: Insurance must be placed with insurers with a current
A.M. Best’s rating of no less than A-VII.
Attachment number 2 \nPage 9 of 15
Item # 21
DEDUCTIBLES AND SELF-INSURED RETENTIONS: Any deductibles or self-insured
retentions must be declared to and approved by the City. The City may require the Other Party
to provide proof of ability to pay losses and related investigations, claim administration, and
defense expenses within the retention.
ADDITIONAL INSURED: The City is to be specifically included as an additional insured on
all liability coverage described above except for the Workers’ Compensation and Professional
Liability coverage’s.
OTHER INSURANCE PROVISIONS: The General Liability and Automobile Liability
policies are to contain, or be endorsed to contain, the following provisions:
1. PRIMARY INSURANCE COVERAGE: For any claims related to this Agreement,
the Other Party’s insurance coverage shall be primary insurance as respects the City,
its officers, officials, employees, and volunteers. Any insurance or self-insurance
maintained by the City, its officers, officials, employees, or volunteers shall be excess
of the Other Party’s insurance and shall not contribute to it.
2. RIGHT OF RECOVERY: Except for Workers’ Compensation, the Other Party
waives its right of recovery against the City, to the extent permitted by its insurance
policies.
3. SEVERABILITY OF INTEREST/CROSS LIABILITY PROVISION: The Other
Party shall request that its insurers’ policies include or be endorsed to include a
Severability of Interest/Cross Liability provision so the City will be treated as if a
separate policy were in existence without increasing the policy limits.
4. HOLD HARMLESS/INDEMNIFICATION: The Other Party shall indemnify, and
hold harmless the City and its officers, employees, from liabilities, damages, losses,
and costs, including but not limited to reasonable attorneys’ fees, to the extent caused
by the negligence, recklessness, or intentionally wrongful conduct of the Other Party
and other persons employed or utilized by the Other Party in the performance of this
Agreement and any Work Orders issued under this Agreement. Other Party
acknowledges that it is solely responsible for complying with the terms of the
Agreement or a purchase order or contract arising out of the Agreement (Revised
7/9/12).
5. NOTICE OF CANCELLATION OR RESTRICTION: Each insurance policy
required by this clause shall be endorsed to state that coverage shall not be canceled
by either party, except after thirty (30) days prior written notice sent via certified
mail, return receipt requested, has been given to the City. It is the Other Party’s
responsibility to ensure the notice requirement is met.
Attachment number 2 \nPage 10 of 15
Item # 21
CERTIFICATE OF INSURANCE/CERTIFIED COPIES OF POLICIES: The Other Party,
if selected, will provide the City with a Certificate or Certificates of Insurance showing the
existence of coverage as required by the Agreement. In addition, the Other Party will provide to
the City, if asked in writing, certified copies of all policies of insurance. The Other Party will
maintain the required coverage with a current Certificate or Certificates of Insurance throughout
the term of the Agreement with the City. New certificates and new certified copies of policies
shall be provided to the City whenever any policy is renewed, revised, or obtained from other
insurers.
The address where such certificates and certified policies shall be sent or delivered is as follows:
City of Clearwater
Attention: City Clerk
P.O. Box 4748
Clearwater, FL 33758-4748
CONSIDERATION FOR HOLD HARMLESS/PAYMENT ON BEHALF: The Other Party
agrees to accept, and acknowledges as an adequate amount of remuneration, the consideration of
$100.00 for agreeing to the Hold Harmless, Payment on Behalf of the City, Insurance and
Certificates of Insurance provisions in the Agreement.
SUBCONTRACTORS: Other Party shall require and verify all subcontractors, if used,
maintain insurance, including Workers’ Compensation insurance, subject to all of the
requirements stated herein prior to beginning work.
LOSS CONTROL/SAFETY: Precaution shall be exercised at all times by the Other Party for
the protection of all persons, including employees, and property. The Other Party shall be
expected to comply with all applicable laws, regulations, or ordinances related to safety and
health, and shall make special efforts where appropriate to detect hazardous conditions, and shall
take prompt action where loss control/safety measures should reasonably be expected.
The City may order work to be stopped if conditions exist that present immediate danger to
persons or property. The Other Party acknowledges that such stoppage will not shift
responsibility for any damages from the Other Party to the City.
ADDITIONAL INSURANCE FOR REPAIR OR SERVICE OR OTHER CONTRACTS:
If checked below, the City requires the following additional provisions or types of insurance for
repair or service or other contracts to afford added protection against loss which could affect the
work being performed:
_____ INSTALLATION FLOATER INSURANCE: Installation Floater insurance is to be
provided to cover damage or destruction to equipment being installed or otherwise being
handled or stored by the Other Party. The amount of coverage should be adequate to
provide full replacement value of the equipment being installed, otherwise being handled
or stored on or off premises. All risks coverage is preferred.
_____ MOTOR TRUCK CARGO INSURANCE: If the Installation Floater insurance does
not provide transportation coverage, separate Motor Truck Cargo or Transportation
Attachment number 2 \nPage 11 of 15
Item # 21
insurance is to be provided for materials or equipment transported in the Other Party’s
vehicles from place of receipt to building sites or other storage sites. All risks covered
are preferred.
_____ CONTRACTOR’S EQUIPMENT INSURANCE: Contractor’s Equipment insurance
is to be purchased to cover loss of equipment and machinery utilized in the performance
of work by the Other Party. All risks coverage is preferred.
_____ FIDELITY/DISHONESTY INSURANCE-COVERAGE FOR EMPLOYER:
Fidelity/dishonesty insurance is to be purchased to cover dishonest acts of the Other
Party’s employees, including but not limited to theft of vehicles, materials, supplies,
equipment, tools, etc.; especially property necessary to work performed.
_____ FIDELITY/DISHONESTY INSURANCE-COVERAGE FOR CITY:
Fidelity/Dishonesty/Liability insurance is to be purchased or extended to cover dishonest
acts of the Other Party’s employees resulting in loss to the City.
ADDITIONAL INSURANCE FOR RENOVATION OR CONSTRUCTION
CONTRACTS: If checked below, the City requires the following types of insurance for
renovation or construction contracts. This is in addition to the required coverage’s previously
cited and the Additional Insurance for Repair or Service or Other Contracts.
_____ COMMERCIAL GENERAL LIABILITY PROJECT AGGREGATE: Because the
Commercial General Liability form of coverage includes an annual aggregate limitation
on the amount of insurance provided, a separate project aggregate limit is required by the
City for this contract or agreement.
_____ OWNERS PROTECTIVE LIABILITY: For renovation or construction contracts the
Other Party shall provide for the City an Owners Protective Liability insurance policy
(preferably through the Other Party’s insurer) in the name of the City.
_____ BUILDER’S RISK: Builder’s Risk Insurance is to be purchased to cover all risks of
loss in the complete and full value of the project with no coinsurance penalty provisions.
This insurance shall insure the interests of the City, the Other Party, and all
subcontractors in the work and shall insure against special form causes of loss (all risk
perils), including collapse during construction, for replacement cost (including fees and
charges of engineers, architects, attorneys and other professionals). The Other Party shall
obtain and maintain similar property insurance on equipment, materials, supplies and
other property and portions of the work stored on or off site or in transit. Builder’s Risk
Insurance shall be endorsed to permit occupancy until such time as the facilities are
completed and accepted by the City and written notice of the fact has been issued by the
City.
PROFESSIONAL LIABILITY, MALPRACTICE AND/OR ERRORS OR OMISSIONS:
If checked below the City requires the following terms and types of insurance for professional,
malpractice, and errors or omissions liability.
Attachment number 2 \nPage 12 of 15
Item # 21
__X__ HOLD HARMLESS: The following replaces the previous Hold Harmless wording:
The Other Party shall indemnify and hold harmless the City, and it’s officers, employees,
from liabilities, damages, losses, and costs, including, but not limited to, reasonable
attorneys’ fees, to the extent caused by the negligence, recklessness, or intentionally
wrongful conduct of the Other Party and other persons employed or utilized by the Other
Party in the performance of this Agreement and any Work Orders issued under this
Agreement. The intent of this includes all claims for financial loss with respect to the
provision of, or failure to, provide professional or other services resulting in professional
malpractice, or errors, or omissions liability arising out of the negligent performance of
this agreement or contract, unless such claims are a result of the City’s own negligence.
(Revised 7/9/12).
__X__ PROFESSIONAL LIABILITY/MALPRACTICE/ERRORS OR OMISSIONS
INSURANCE: The Other Party shall purchase and maintain professional liability or
malpractice or errors or omissions insurance appropriate for the type of business engaged
in by the Other Party with minimum limits of $1,000,000 per occurrence.
If a claims made form of coverage is provided, the retroactive date of coverage shall be
no later than the inception date of claims made coverage, unless prior policy was
extended indefinitely to cover prior acts.
Coverage shall be extended beyond the policy year either by a supplemental extended
reporting period (ERP) of as great a duration as available, and with no less coverage and
with reinstated aggregate limits, or by requiring that nay new policy provide a retroactive
date no later than the inception date of claims made coverage.
WRITTEN AGREEMENT/CONTRACT: Any party providing services or products to the
City will be expected to enter into a written agreement, contract or purchase order with the City
that incorporates, either in writing or by reference, all of the pertinent provisions relating to
insurance and insurance requirements as contained herein. A failure to do so may, at the sole
discretion of the City, disqualify any Party from performing services or selling products to the
City provided, however, the City reserves the right to waive any such requirements.
Attachment number 2 \nPage 13 of 15
Item # 21
EXHIBIT “C”
PROVISION OF PAYMENT
BASIS FOR PAYMENT
The owner shall pay CONSULTANT and CONSULTANT agrees to accept as full compensation
for its services (as established by Work Order) compensation as computed by one of the
following methods:
Method “A” – Costs Times Multiplier Basis –
Compensation in the form of actual costs times a multiplier as determined by the following
formula:
Actual raw Salary Cost (Hourly Rate) x Multiplier + Subconsultant Cost + Other Direct Costs.
Multiplier ________ includes fringe benefit rate, overhead, operating margin and profit and is
subject to annual review.
Subconsultant Costs are actual costs incurred times a factor of 1.00. Actual costs shall be based on
billing rates for required labor classifications.
Other Direct Costs are actual costs incurred for travel outside of Tampa Bay area, printing, copying,
long distance telephone calls, etc., times a factor of 1.00.
Method “B” – Lump Sum –
Compensation in the form of “lump sum” for all work associated with a Work Order or task and
shall be determined by mutual agreement between the CONSULTANT and the City. The lump sum
amount shall be negotiated based upon the Work Order scope of services and approved by both the
City and the CONSULTANT.
Hourly Rates -
The estimated hourly rates below represent 2013 costs and categories. Periodic changes are
anticipated and modification can be made annually upon City and CONSULTANT review.
(Note: All rates are hourly salary)
CITY OF CLEARWATER CONSULTANT OF RECORD
Attachment number 2 \nPage 14 of 15
Item # 21
RFQ 13-13 2013 DIRECT HOURLY RATES
Job Classification
Minimum
Rate
($ / hour)
Typical
Maximum
Senior Vice President
Vice President/Officer-in-Charge
Senior Project Manager/Group Manager
Project Manager/Associate Principal
Construction Manager
Construction Engineer
Senior Engineer/Scientist
Engineer/Scientist (III-IV)
Engineer/Scientist (I-III)
Planner
Landscape Architect
Field Technician
Senior Designer
Drafter/CADD Operator
Operations Specialist
Fiscal/Accounting
Administrative/Clerical
MULTIPLIER: .
Attachment number 2 \nPage 15 of 15
Item # 21
City Council Agenda
Council Chambers - City Hall
Meeting Date:4/18/2013
SUBJECT / RECOMMENDATION:
Award a contract to Steve’s Excavating and Paving Inc. of Clearwater, Florida, for Tropic Hills Stormwater Outfall Project Phase III
(11-0040-EN), in the amount of $1,449,371.28, which is the lowest responsible bid received in accordance with the plans and
specifications and authorize the appropriate officials to execute same. (consent)
SUMMARY:
The Tropic Hills neighborhood experienced severe flooding in June 1997 and February 2006. The existing outfall is undersized and
during heavy rainfall, water backs up in the neighborhood, flooding streets and houses. Tropic Hills Drainage Improvements Project
consists of 3 phases. Phase I is complete and FDOT is working on Phase II with the US 19 Project.
This project is the last Phase, which consists of the following tasks:
Replacing approximately 900 LF of undersized pipe with a new 10 ft. by 4 ft. box culvert; Installing a 10 ft. -diameter stormwater
treatment structure; Installing 130 LF of 30 in. PVC drainage pipe within the Tropic Hills neighborhood; and Replacing 325 LF of
existing old 8 in. VCP sanitary pipe with the new PVC pipe.
Construction of this Phase will improve water quality by minimizing sediment transport into the bay.
The completion of this last Phase will provide significant improvements to the stormwater conveyance system for the Tropic Hills
neighborhood and reduce potential flooding.
The Project is anticipated to be completed within 180 calendar days.
The Project will be cooperatively funded by the Southwest Florida Water Management District (SWFWMD) at 50% of the design
and construction cost or up to $1,250,000, and 50% by the Stormwater Utility Fund.
Sufficient funding is available in the amounts of $1,394,090.78 from 0315-96179, Tropic Hills Phase III, $42,339 from 0327-96634,
Sanitary Utility Relocation and $12,941.50 from 0327-96742, Line Relocation - Capital, for total funding in the amount of
$1,449,371.28.
Type:Capital expenditure
Current Year Budget?:Yes Budget Adjustment:No
Budget Adjustment Comments:
See summary
Current Year Cost:$1,449,371.28 Annual Operating Cost:
Not to Exceed:$1,449,371.28 Total Cost:$1,449,371.28
For Fiscal Year:2012 to 2013
Appropriation Code Amount Appropriation Comment
0315-96179-563700-539-
000-0000
$1,394,090.78 See summary
0327-96634-563800-535-
000-0000
$ 42,339.00See summary
Cover Memo
Item # 22
0327-96742-563800-533-
000-0000
$ 12,941.50 See summary
Bid Required?:Yes Bid Number:11-0040-EN
Other Bid / Contract:Bid Exceptions:None
Review Approval:
Cover Memo
Item # 22
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Item # 22
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Item # 22
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Attachment number 1 \nPage 3 of 3
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Item # 22
CHINABERRY
Old T a m p a B a y
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AVE
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Phase IPhase II
Phase III
TROPIC HILLS PHASE III
Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com
PROJECTSITE
MBK PV
N.T.S.310A 20-29s-16e
3/27/2013Drawn By:Reviewed By:
S - T - RGrid #
Date:
Scale:
Tropic HillsPhase III
Path: V:\GIS\Engineering\Location Maps\Tropic Hills PHASE III.mxd
Attachment number 3 \nPage 1 of 1
Item # 22
City Council Agenda
Council Chambers - City Hall
Meeting Date:4/18/2013
SUBJECT / RECOMMENDATION:
Appoint Carolyn Byrd and Karen Cunningham to the Public Art and Design Board with terms to expire April 30, 2017 and appoint
Neale A. Stralow to the Public Art and Design Board to fill the remainder of an unexpired term to expire February 28, 2014.
SUMMARY:
APPOINTMENT WORKSHEET
BOARD: Public Art and Design Board
TERM: 4 years
APPOINTED BY: City Council
FINANCIAL DISCLOSURE: Not Required
RESIDENCY REQUIREMENT: City of Clearwater resident except for the Clearwater Arts Alliance, Inc., formerly, Clearwater Arts
Foundation, and the Pinellas County Arts Council representatives
MEMBERS: 7
Liaison: Parks and Recreation
CHAIRPERSON: Howard Warshauer
MEETING DATE: Quarterly - March, June, Sep., Dec.
TIME/PLACE: Long Center
APPOINTMENTS NEEDED: 3
THE FOLLOWING BOARD MEMBER(S) HAVE TERMS WHICH EXPIRE AND NOW REQUIRE EITHER REAPPOINTMENT FOR A NEW
TERM OR REPLACEMENT BY A NEW APPOINTEE:
1. Robert J. Entel – 521 Mandalay Ave., #902, 33767 - Physician
Original Appointment: 2/18/10
(Resigning due to work conflicts) – (serving 1st term to expire 2/28/14)
(Citizen)
2. John P. Timberlake – 2891 Sweetgum Way S., 33761 – Dir. Florida Operations
Office: Phillies Florida LLC, 601 Old Coachman Rd. N., 33765
Original Appointment: 4/6/06
Interest in reappointment: No, moving out of Clearwater - (Ending 2nd term to expire 3/31/13)
(Citizen)
3. Howard Warshauer – 808 Allen Dr., 33764 – Consultant
Original Appointment: 4/6/06
(2 Absences in the last year)
Interest in reappointment: Yes (Ending 2nd term to expire 3/31/13)
(Citizen)
THE FOLLOWING NAMES ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE VACANCIES:
1. Carolyn Byrd - 2636 Brewton Ct., 33761 – Retired College Professor
2. Karen Cunningham - 2392 Stag Run Blvd., 33765 – Retired/MPO Planner
3. Bruce Dennis - 1851 Glenville, 33765 – Housing Mgt./BS Business Adm.
4. Phyllis Franklin - 1861 Venetian Pt. Dr., 33755 - Realtor
5. Laurie Meggesin - 1600 Walnut St., 33755 – Former Atty/Non profit Mgt and Consulting
6. Michael Potts -1155 Jackson Rd., 33755 – General Contractor/Inspector
(Currently serving on NAHAB)
7. Eric Seiler - 2513 Dogwood Ct., 33761 – Construction Mgr.
8. Neale A. Stralow - 2257 Bascom Way, 33764 – Urban Planner/Landscape Architect
Cover Memo
Item # 23
Zip codes of current members:
1 – 33713
1 – 33755
1 – 33759
1 – 34683
Current Categories:
1 Architect; 1 Artist; 1 Pinellas County Arts Council; 1 Clearwater Arts Alliance, Inc.
Review Approval:
Cover Memo
Item # 23
CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS
must be Clearwater resident)
Name: Carolyn Byrd
Home Address:Office Address:
2636 Brewton Ct
Clearwater Zip 33761 Zip
Telephone: Telephone:
Cell Phone: 786-1156 E-mail Address: tecebe @att.net
How long a resident of Clearwater? 42 Years
Occupation Retired College Professor Employer:
Field of Education:Other WorkExperience: Seminole HS 3yrs
B.S. Comprehensive Business Education, NC A&T UNIV Dunedin HS, 4yrs
M.S. Human Resources Management, NOVA UNIV St. Petersburg College 28 Yrs
If retired, former occupation: Division of Business Technologies, Clearwater Campus
Community Activities: US Coast Guard Auxiliary - Clearwater Flotilla Sand Key
Ruth Eckerd Hall Usher/volunteer, City of Clearwater Parks and RecreationNolunteer
Other Interests: Disney Sports EnthusiastNolunteer
Board Service (current and past): Board Preference:
Current: Eckerd college 011ie Advisory Board Public Art and Design Board
Past: Head Start of Pinellas County
Additional Comments:
Signature: 641,14,,,, Date:March 24, 2013
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
Declaration of Domicile filed with the city clerk affirming residency within city limits
Attachment number 1 \nPage 1 of 2
Item # 23
BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and responsibilities? This seven-
member board is tasked with developing guidelines, procedures and policies to administer
Clearwater's Public Art & Design Program and present recommendations for public art
purchases, commissions, and donations to the City Council.
2. Have you ever observed a board meeting either in person or on C-View, the City's TV
station?
Yes, I have viewed City Council and board meetings and attended several
3. What background and/or qualifications do you have that you feel would qualify you to
serve on this Board?
As you can see I have been a long time resident of Clearwater. I met my husband, Terry Byrd, here,
had my two sons, Vincent & Chris here, worked and retired here. I have always had an interest and
appreciation for the arts. I have taken many painting and photography classes here in Clearwater.
The beauty of the city has been the subject of many of my paintings and photographs. My travels
across the country and abroad always include tours of the city's architect and art museums. From
the Schomberg Center in NY, Art Institute of Chicago, the Spoleto Festival in Charleston, to the
Palace of Versailles and the Louvre in Paris, lust to name a few art fill places of the world I have had
the pleasure of visiting. I feel my love for the city I live in and the many years of not only loving and
appreciating the world of art but also learning and participating by creating art, qualifies me to serve
on Clearwater's Public Art and Design Advisory Board.
4. Why do you want to serve on this Board?
Because of my love for the city and it's beautification, by participating in keeping Clearwater the
beautiful city that it is by serving on the Public Art and Design Advisory Board, would allow me an
opportunity to share with the city how art has enlighten and been so benefitual to my life.
Name: Board Name: Carol Byrd
Attachment number 1 \nPage 2 of 2
Item # 23
CITY OF CLEARWATER -APPLICATION FOR ADVISORY BOARDS
Name: Karen Cunningham
Home Address: Office Address:
2392 Stag Run Blvd
Clearwater, FL Zip 33765 Zip
Telephone: 727-724-8809 Telephone:
Cell Phone: 727-418-9803 E-mail Address: webfloateragmail.com
How long a resident of Clearwater? 32 years (18 within City limits)
Occupation: retired Employer:
Field of Education: Other Work Experience:
Undergraduate: Degrees in Education and in Interior Planner for Pinellas County MPO; teacher (middle
Design, and a Masters Degree in school and adult education); commercial interior
Communication (emphasis on public education designer/space planner,
issues)
If retired, former occupation: Recently retired after 11 years as a Program Planner for the Metropolitan
Planning Organization (Planning Dept of Pinellas County Government). I was also assigned regional planning
responsibilities.
Community Activities: Presently, I lead the Progress Energy Trail study committee of my Coachman Ridge
Neighborhood Homeowners Association, which is an Overlay District of the City of Clearwater. I also
volunteer as a writing teacher and a group leader at the Aging Well Center at Clearwater's Long Center.
Other Interests: Painting, drawing, writing. I participate as a student in various painting cases at the Dunedin
Art Center and other facilities. I am recently retired, and I travel to Europe and to various ens ited
States. I am currently restoring an Arts and Crafts bungalow in Brevard, North Carolina. L'1 ` La
MAR 1 1 2013
Board Service (current and past): Board Preference:
OFFICIAL RECOitba A,:<:1;
At various times I served on Boards (Example League Public Arts and Design AdvisliirMatE givcs BE E
of Women Voters). However, my position as a
planner restricted that participation in recent years
Additional Comments: In interior de - n courses, I studied history of art and architecture. As a
planner, I learned to val - the •rinciple of economic development and livable communities.
1 ./ ISignatures -41 1 Date: March 9, 2013
Attachment number 2 \nPage 1 of 2
Item # 23
BOARD QUESTIONNAIRE
l. What is your understanding of the board's duties and responsibilities?
Develop guidelines, procedures and policies to administer Clearwater's Public Art & Design program, and work
with other members to present recommendations for public art purchases, commissions, and donations to the
City.
2. Have you ever observed a board meeting either in person or on C-View, the City's TV station?
Yes. I was a planner for the Metropolitan Planning Organization (MPO)/Pinellas County Government. As
such, I frequently observed board meetings of the MPO, and of the affiliated government agencies, including
the City Council of Clearwater. I am also a member of the Coachman Ridge Homeowners Association, which
gave me an interest in Clearwater's Board meetings.
3. What background and/or qualifications do you have that you feel would qualify you to serve on
this Board?
As a retired person, age 66, I have a varied professional background, including the fields of education, art and
design and planning. My undergraduate degree was in teaching. I had 10 years experience, serving middle
school to adult education levels. I then returned and got a degree in Interior Design from the Fashion Institute
of Technology in New York, one of the most prestigious design schools in the nation. I studied interior design
which included study of the history of architecture. I practiced commercial design and passed the NCIDQ
qualifying exam, becoming a professional member of American Society of Interior Designers (A.S.I.D). The
exam at that time had a heavy emphasis on designing for people with disabilities. I taught Interior Design at
Pinellas Technical Education Center.
After practicing interior design, I realized I wanted to return to academic studies and I completed my Masters
Degree. This resulted in a new career in community development, and eventually in a position as a planner. I
was promoted to the position of Program Planner, and during that time I took many training programs in
planning, community development, environmental justice, etc. I continued my interest in art and design by
taking many classes at the Dunedin Arts Center (pottery, painting, felting, etc.)
4. Why do you want to serve on this Board?
My interest is in balancing art and design, with the need for economic development and livable communities.
I believe my diverse background - namely my interest and education in art, architecture history and design —
will be useful in this voluntary position. But my experience in identifying public needs and wants and
responsibility for contributing to their implementation; and my realism concerning the financial limitations of
governments will be equally valuable.
Name:Karen Cunningham
Board Name: Public Art and Design Advisory
Attachment number 2 \nPage 2 of 2
Item # 23
M
s
CITY OF CLEARWATER -APPLICATION FOR ADVISORY BOARDS
J
must be Clearwater resident)
Name: ,45-Ro ,e-
Home Address: , Offic Address:
61 4-6 P1''' - dso 7'2
i.42_ Zip '33:761r yd °, ,0 Zip -337
Telephone: 4217 6c3, 1-0( Telephone:7 ' ?
Cell Phone: E-mail Address: RG/C',11/53c) ,- 1;-*
How long a resident of`Clearwater? /77/41
Occupation: / itf y itl77 Employer: <.1,r
Field of Education: Other Work Experience:
If retired, former occupation:
Community Activities:‹ll Vol- M Z-vl 11-P z ere97 J4. e(57-
VoLuivrtErt
Other Interests:
Board Service (current and past): Board Preference:
i/J kw 1b O N f -P a av1 fdiv7 7 7(Al, J- /41 - 7W7
g -p ' —fit 1t9, A iff -Cr s 4 22/.`' ‘v Cef t)1 GEC-
voi Ad itional Go mends: -" oz/5" trkIffair 611/.1`, - .+ a P
7b jM17L 164y rblAiy,1
77
Signature: Date: j1-°9
See attached list for boards that require financial disclosure at time of appointment. Please return this
application and board questionnaire to the Official Records & Legislative Services Department, P. O. Box 4748,
Clearwater, FL 33758-4748, or drop off your application at City Hall, 2nd Floor, 112 S. Osceola Avenue.
r
Note: For boards requiring Clearwater residency, this application must be accompanied by a copy of
one of the following: r, ,
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 l*t*S 6 0 En
4/03 - PL, e,..,,e 1-it.
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LEGISLATIVE s rocs DEFt
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Attachment number 3 \nPage 1 of 2
Item # 23
BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and responsibilities?
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2. Have you ever observed a board meeting either in person or on C-View, the City's TV station?
imA-)9/ vi4Es,
3. What background and/or qualifications do you have that you feel would qualify you to serve ongqYY
this Board?
y/6744) vr- y
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4. Why do you want to serve on this Board?
Name: &CT >e)I
Board Name:
Attachment number 3 \nPage 2 of 2
Item # 23
011-Aug-15 03: 36 PM City of Clearwater O.K. L. S . '/G'/ 6G4UdEl G/b
CITY OF CLEARWATER-APPLICATION FOR ADVISORY BOARDS
Name: k . l i s _ RAkitc_t/ A)
Home Addres * 0114 Address:
lg 6l
s C zip 37sS-
Zi• J
TeeTelephone: d("1
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Cell Phone:
t- t — 7 0 2-9 E-mail Address: 1>kl.9 L RC- 14--(12, C1.,1'z
How long a resid
L-(t of Clearwater? 6t3
Occupation: 1 -`e Nl K Employer: ¶ A J L4A Reit 4(1
Field of Education: Other Work Experience: j
doA-0- VS ' ecS C u +i47A 1' ,
If retired, former occupation:
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Community Activities: {,W I ,O- 71--(2-34 2 a ce
Other Interests:_ RT I TT 4_ 11t L c f- .O ,
Board Service (curr and t): Board Preference:
Bg0C-60,0 v (0 S A-P 4- +- .be. (.1 0
Additional Comments: , -\c-` 'E/)s(-11 .-L Q 6, r/
Signe•. iP Date: 4I
See attac ed 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 boar s rd ai iT.rIna 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--Deciara on ofIFIrrri cile-flfe-d with'the city clerk affirming residency within-cit p-_ ---- -
AUG ?_ 22011
lCIAL ra.ECORL. AN
LEGISLATI'1' C,k Cn DEP'^.
00ij dno.19 uTT)Iusad Z1I'9 9tt LZL XVd Et:8T NUS TTOZ/TZ/80
Attachment number 4 \nPage 1 of 2
Item # 23
011-Aug-15 03 : 37 PM City of Clearwater U. K.L. S. '/L'f be4Uf3b i/b
BOARD QUESTIONNAIRE
1. What is your and anding of the board's duties and responsibilities?
0 a (A) ( ( 6te e 91A-- CIA-61'6Ai--2
2. Have you ever observed a board meeting either in person or on C-View, the City's TV st-tion?
t a 4" A i bee,e) Gt ! F
OCI---CI &iJ4/L lam/ ..1f II A s .r%
3. What background and/or qualifications do you have that you feel woula qualify you serve on
this Board?
i k 4uQ-- C c,vc kj& c4019,R a s
occ _coce&v,cti .ce_ ce7A-
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6eit_) gif /
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4. Why o you want to serve Qn this Board?
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gam.
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Name:
Board Name:-ame: , , l`-S t
ZOOCJ dnodD uTTtiuUJd Zi69 9Ii LZL XV3 Et:ST AIRS ITOZ/TZ/80
Attachment number 4 \nPage 2 of 2
Item # 23
CITY OF CLEARWATER-APPLICATION FOR ADVISORY BOARDS
must be Clearwater resident)
Name: Laurie Meggesin
Home Address: Office Address:
1600 Walnut Street
Clearwater, FL Zip 33755 Zip
Telephone: Telephone:
Cell Phone: 727-488-8877 E-mail Address:
How long a resident of Clearwater? Seven years
Occupation: Former attorney; currently studying nonprofit management and doing consulting work
Field of Education: Other Work Experience:
J.D. University of Texas School of Law
Nonprofit Management, University of Shareholder, Baron & Budd, P.C.;
South Florida School of Public Affairs (student) Partner, Rosenthal Pennington LLP
B.A., Creative Writing, Columbia College Other experience includes public participation
consulting, marketing consulting, nonprofit
program management,
English as a Second Language teacher
in Bogota, Colombia and Dallas,Texas)
If retired, former occupation:
Community Activities: Overall Advisory Committee, IFAS/Pinellas County Extension Service; Master
Volunteer, Sustainable Floridians Program; Development Committee, Community Tampa Bay
Other Interests: Fluent Spanish Speaker; community development; environmental sustainability
Board Service (current and past): Board Preference:
Previous): Member, board of directors, Public Art and Design Advisory Board
Womens Advocacy Project and Dallas SER-
Jobs for Progress. Past Board President,Texas Law RECEIVED
Fellowships
FL
Additional Comments:14
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uOSS
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ap '
Z.'xn'Wr
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Signat a r •i -) Date:`r—Q ) . I
Attachment number 5 \nPage 1 of 4
Item # 23
1
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
Declaration of Domicile filed with the city clerk affirming residency within city limits
Attachment number 5 \nPage 2 of 4
Item # 23
BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and responsibilities?
The duties of the board are to assist with the development of guidelines, procedures and policies with
respect to the City's Public Art and Design Program
2. Have you ever observed a board meeting either in person or on C-View, the City's TV station?
City Council meetings
only
3. What background and/or qualifications do you have that you feel would qualify you to serve on
this Board?
I enjoy collecting local art and as a result, have some knowledge of the local arts community. My
document drafting skills from years of legal practice could help with the wordsmithing of policies and
guidelines. I enjoy working collaboratively with diverse stakeholders to achieve common goals and
have done so successfully in a variety of projects and settings.
4. Why do you want to serve on this Board?
I would like to lend my skills to make a positive contribution to our City.
Attachment number 5 \nPage 3 of 4
Item # 23
Name: I Q_„ ,r-n 9 S1 n.
Board Name- b L* G 0,7÷ AV s c,c' 0-3J r c
Attachment number 5 \nPage 4 of 4
Item # 23
Page 1 of 2
CITY OF CLEARWATER -APPLICATION FOR ADVISORY BOARDS
must be Clearwater resident)
Name:
Home Address: Office Address:
iL5744.__2 _L-)4c4i.\
Zip i'l-- --,, ni...1...4,-,A),trctv, liff___. zip 7 5 _
Telephone: -7-2- 7 -2'7 4-0 qs-7 Telephone: -71:-? - 1.....-c--k - .(-_-)
Cell Phone: -7-72-7-.1,..:"/2-4-0 tE:),--t.,-7 E-mail Address: VA sK/_.C.-.11.1,4'F.„67-1-.Cool\
How long a resident of Clearwater? 'LS '12,All
k rcmOccupation: .:y- it.,‘ ,,,, Employer: m:1,„"-, ,.' 4, .,_, .2. _ Ili '\''
Field of Education: Other Work Experience:
A__ 1,0.--s%.1 ter/v--51.. .:' CA1,..giviNi.w 4--i.\\c =1- b.),
4 GA tic\N\r,,,V,M,...— -ts 2,\* 1._..pv L-,-,. .--1-e_„ ..›.)7.- %kJ-M/1A PA ,
If retired, former occupation:
Community Activities: Cm. Lit-,:%-tixtt, (iv/OA Psz._;3'A)-2, 14A i 1.1.Ah 7 fi' col,e,CA-S7 A tiv4,101.1-?r),Pi)t)
c> -
Other Interests: Avt11, 7,/4t-t v--;..)/ 1,\...n t_A_. Cr"-Ii-4-\1 0 i RA./o\JrztlooLY-m ./C-2))...f71"/40e..TYC'a_\
Board Service(current and past):Board Preference:
b
Additional Comments: '
e ::$,
At..-t.... ct per14,11..-.)44t.L.c._..i .,.1,1 t-,-0/Ai T c:c-1, )4: ivkyr%
thyr CA,i N1\ k- ., Z.N .n\•1,
Signature: sth\t Date:
1
i
See attached list for boaOps 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
RECEIVED
MAR 1 2 2013
OFFICIAL RECORDS AND
LEGISLATIVE SRVCS DEPT
Attachment number 6 \nPage 1 of 2
Item # 23
Page 2 of 2
BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and responsibilities?
Covoi-vm`tdr-ci Ci 14,11.1A "rr'fr-VV51 i
IAc ) Crt 0AYN--kfk -
UV,(.. \.7t.,0111-it.S64%sti- Atqa
iskAireces.
2. Have you ever observed a board meeting either in person or on C-View, the City's TV station?
I"t,15
3. What background and/or qualifications do you have that you feel would qualify you to serve on
this Board?
Lcr-i 4U\)itcl 'F'.>15tN
JAL, C---7-LXLVIT"
4. Why do you want to serve on this Board?
Gm)
4_1\ , AN ITVIAAAs1
7
AD k-)"OtAA\AA\J‘1,11t,
Name: \t AiVta b*VVS
Board Name7;\21AL)))ski\.'
Attachment number 6 \nPage 2 of 2
Item # 23
CITY OF CLEARWATER -APPLICATION FOR ADVISORY BOARDS
Name:
67,
0e- SI /L62
Home Address:Office Address:
a 125-/3 b okir4Jdot CT. 3830 S8 TIf 5rr eT M 'Tk
LcEHRw4re< ) tL Zip .3Y26 / 6_642 id 4rEk L Zip 337 c
Telephone: 7..x'7 77B5 Telephone: 77?7 5 5- &9o?
Cell Phone: 7,?7- 63,5- 0062 E-mail Address: Se.'+ Ie.c-e(c) Pe te-bt-own& ,is
Cow
How long a resident of Clearwater? I ycivs
Occupation: eon/5r40C'Tro,.i /11130167e- Employer: P-To< l?Ra,i)A) Coki571Z1)c..TiOA)
Field of Education: Other Work Experience:
14 EC NAnl l eAc_ en/elr Ale"-- ,, eONSrR x 1-, iU M f}NAe7EK Fck OTtiek
1075 fl`Nd Q bLSiii. C//4-7/At k
If retired, former occupation: 1-00 4A1 A Au AZ.it)& kAc 'kE
Community Activities: A:Mei-27 OF' / 9itir /97<c/tAleL r- 14),(LAN4
ei/v/fc H
Other Interests: ecue- SPz zrs e4/Nis , eecyr 1k(L. RiDz,v4) , Ai Fars/
Board Service (current and past): Board Preference:
RFCRVED
Additional Comments: MAR 18 2013
O F1CiAL ECORDS AN
LA FiVES ACS DE '
Signature: 7-i
Date: 3' 1 /3
L
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 7 \nPage 1 of 2
Item # 23
BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and responsibilities?
H6.S 7Z 9 s Pieoce .+;ES ,7„;;g JsrE
ogu c- leigls 12,2064w" ) 14-0 S" t 9s A gvsQqa /yJr
r a eve AN ,4Aoll?a' t /i.OLE" /tie e ,re 76 "0.50 Pafivi
fir ffeo6.W'1
2. Have you ever observed a board meeting either in person or on C-View, the City's TV station?
A 6) vi=P I/74 /oed gerae,>'c, Avp 4V
Pt---WA/.44c7 4w I AA-77Pa ?aged, r oAk) P/cerbv6s
3. What background and/or qualifications do you have that you feel would qualify you to serve on
this Board?
RS AN 6vhr sie 4AP, f- e,vs e t' cu73u rvA/PE D
C.D0IS7xu` ro 1 ?4. 1edc ? S )9PO Ti u I t /"57-41-4.L47io.,) OF `Pv8u,_ 1441
ffA44r 4 Ury/Q 6 5,0 L c_ S c"T mar (®v6A
ee en/eu/gtee____ (R)3c_i 44Ts ra.vi t"-i.
4. Why do you want to serve on this Board?
Y UJ'h AND Xi/nay 1441x£ 4 y o F Soepacri.0 4 4Rt/S7-s
N fuggy 6 /fikl D W 01)1.4) A t At 1`i9 C,e_r THE/.e P4S5/0 c,1
7-1:/ 'Y / c i s c) o me ) i w4/cfl T/tr (zWew ee Pveo
Name: Cx/4_ 5 ez-
Board Name: Pogue- 41.:r 14D 7
Attachment number 7 \nPage 2 of 2
Item # 23
I
CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS
Name: Mr. Neale A.Stralow
Home Address: Office Address:
2257 Bascom Way 2205 N.20th Street
Clearwater,Florida Zip 33764 Tampa,Florida Zip 33605
Telephone: 727.669.5554 Telephone: 813.223.9500,ext 355
Cell Phone:813.220.3237 E-mail Address: neale.stralow @stantec.com
How long a resident of Clearwater? In Pinellas County since 1988,Clearwater Area since 1992,and within City limits since 1998.
Occupation: Urban Planner/Landscape Architect Employer: Stantec Consulting Services,Inc.
Field of Education:Other Work Experience:
Bachelors of Landscape Architecture-University of Illinois Florida Registered Landscape Architect-LA0001639
American Institute of Certified Planners-#114358
If retired, former occupation: 12 Years Professional Experience with Hillsborough County Planning
Community Activities: Clearwater High School CAICC Advisory Board;Clearwater Chargers Soccer Club Travel Rec Coach(6 seasons);
Clearwater Little League former Board Member and Coach
Other Interests: Photography,Cultural Arts,Golf
Board Service (current and past): Board Preference:
Hillsborough County MPO's Livable Roadways,ASLA Alternate Public Art&Design Advisory Board
Hillsborough County Historic Preservation,Staff Representative
FDOT Tampa Interstate Design Guidelines,HC Representative
Additional Comments:
C"-------4C; ;;ISigned: Date: March 20,2013
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 reguiring 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 RECE ED
Declaration of Domicile filed with the city clerk affirming residency within city limits
MAR 2 0 2013
OFFICIAL RECORDS ANC)
LEGISLATIVE SRVCS DEFT
Attachment number 8 \nPage 1 of 2
Item # 23
BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and responsibilities?
My understanding of the Public Art&Design Advisory Board is to develop guidelines,procedures and policies that help to administer
the City's public art program and through cooperative discussion support and recommend public art to the City Council.
2. Have you ever observed a board meeting either in person or on C-View, the City's TV station?
I have observed and participated within many public board meetings and hearings,however none in relationship to this board.
3. What background and/or qualifications do you have that you feel would qualify you to serve on
this Board?
I believe that the combination of my 26 years of professional experience as a Registered Landscape Architect and Urban Planner including
12 years in senior planning positions with a local government,and remainder as a private consultant in national A/E/P firms provides me
a solid understanding of the implicit needs of this board. Public art and design installations touches the very core of personal preference.
Supporting cultural expression is critically important in any civilization. To ensure continued public support it is important to establish and
implement defensible recommendations. I have served boards,designed projects including public art,and written and enforced regulations.
4. Why do you want to serve on this Board?
I am keenly aware that community organizations and appointed boards have been affected by the economic recession. As a resident with
two children I have often served organizations associated with their interests. Appointment to this board may fulfill my personal need to
support public realm improvement in our community. I believe that insights gleaned from my 26 years of professional development will
help in the planning,design,and implementation of public realm enhancement in the City.
Name: Neale A.Stralow, RLA,AICP
Board Name: Public Art&Design Advisory Board
Attachment number 8 \nPage 2 of 2
Item # 23
CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS
must be Clearwater resident)
Name:Howard Warshauer
Home Address: Office Address:
808 Allen dr
Clearwater, FL Zip 33764 Zip
Telephone: 727 442 7411 Telephone:
Cell Phone: 727 776 7932 E-mail Address:
How long a resident of Clearwater? 9 years
Occupation: Farmers Market Manager Employer: Intercultural Advocacy Institute
Field of Education: Other Work Experience:
Mathematics Teacher Finance, City Commissioner, Business
Consultant
If retired, former occupation:
Community Activities: Clearwater Downtown Partnership, Volunteer, 4th Friday
Other Interests:
Board Service (current and past): Board Preference:
Public Art and Design Board Public Art and Design Board
Charter Review Board - twice
Additional Comments:
Signature: HOWARD WARSHAUER Date:January 27, 2013
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 EC '
Valid current Florida Drivers' License issued to an address within city limits
Declaration of Domicile filed with the city clerk affirming residency within city limit ' 2 8 2813
OFFICIAL RECORDS
LEGISLATIVE SRVCS DEFT'
Attachment number 9 \nPage 1 of 3
Item # 23
BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and responsibilities?
We decide upon public space art projects that are funded by a set aside percentage of new
construction project budgets. We also oversee distribution of funds that are set aside by projects that
decide to give cash instead of creating public art.
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 served on this board since its inception.
4. Why do you want to serve on this Board?
It allows me to give back to the city in which I live.
Name: Howard Warshauer
Board Name: Clearwater Art and Design Board
Attachment number 9 \nPage 2 of 3
Item # 23
LaCosse, Judith
To: Howard Warshauer
Subject:RE: Public Art and Design Board
From: Howard Warshauer jmailto:captainhw@gmail.coml
Sent: Sunday, January 27, 2013 3:51 PM
To: LaCosse, Judith
Subject: Re: Public Art and Design Board
I have attached the document you requested.
Howard Warshauer
On Thu, Jan 24, 2013 at 10:08 AM, <Judith.LaCosse @myclearwater.com> wrote:
Mr. Warshauer,
You're currently finishing your 2nd term on the above board that will be expiring on March 3151 this year.
If you wish to be considered for another term, we need a more current application along with a questionnaire for our files.
Please complete & sign the attached forms and return to my attention when you get a chance.
An appointment agenda item will be going to the first council meeting in March.
Thank You.
Judith LaCosse
Staff Assistant
Official Records and
Legislative Services Dept.
727-562-4093
1
Attachment number 9 \nPage 3 of 3
Item # 23
City Council Agenda
Council Chambers - City Hall
Meeting Date:4/18/2013
SUBJECT / RECOMMENDATION:
Approve the 2013 Federal Legislative Package.
SUMMARY:
Review Approval:
Cover Memo
Item # 24
City of Clearwater
2013 Federal Legislative
City of Clearwater, Florida
Federal Legislative Agenda
Attachment number 1 \nPage 1 of 27
Item # 24
Prepar
Mayor George Cretekos
Councilmember Doreen Hock-
Questions regarding the information
Greg Burns
(202) 737-8162
Copyright 201
Prepared by Van Scoyoc Associates for
Clearwater City Council
George Cretekos Vice Mayor Paul Gibson
-DiPolito Councilmember Bill Jonson
Councilmember Jay Polglaze
Bill Horne, City Manager
Questions regarding the information in this book may be directed
Rosemarie Call
(727) 562-4092
March 2013
Copyright 2013 Van Scoyoc Associates Inc.
Gibson
uncilmember Bill Jonson
in this book may be directed to:
Attachment number 1 \nPage 2 of 27
Item # 24
Water Resources
1) Stevenson Creek Estuary Restoration Project
2) Clearwater Inlet Maintenance Dredging; Harbor Maintenance Trust Fund
Transportation
3) Transportation Authorization
4) Alternative Fuel Tax Incentives
Public Safety
5) Public Safety Programs
6) The Corporation for National and Community Service
Grant Program
7) Prescription Drug Abuse
Local Government Finance
8) Tax-Exempt Bonds
9) Sales-Tax Legislation
10) Transient Occupancy Taxes
Economic Development & Social Services
11) Economic Development Administration
12) Department of Housing and Urban Development
13) Supportive Housing for the Elderly
Housing and Urban Development’s
14) Homeless Assistance – Continuum
Energy & Environment
15) Offshore Energy Exploration
16) Environmental Protection Agency
17) Land and Water Conservation Fund
General Government Issues
18) Public Pension Reform
19) National Flood Insurance Program
Stevenson Creek Estuary Restoration Project
Inlet Maintenance Dredging; Harbor Maintenance Trust Fund
Transportation Authorization
Alternative Fuel Tax Incentives
National and Community Service – AmeriCorps’ State and National
Local Government Finance
Transient Occupancy Taxes
Economic Development & Social Services
Administration
Department of Housing and Urban Development Formula Programs
Supportive Housing for the Elderly and for Persons with Disabilities - Department of
Housing and Urban Development’s Section 202 and 811 Programs
Continuum of Care Program
Offshore Energy Exploration
Environmental Protection Agency’s Brownfields Program
Land and Water Conservation Fund
General Government Issues
National Flood Insurance Program
Inlet Maintenance Dredging; Harbor Maintenance Trust Fund
AmeriCorps’ State and National
Department of
Attachment number 1 \nPage 3 of 27
Item # 24
201
Stevenson Creek Estuary Restoration Project
Support continued Corps participation in the Ste
the City of Clearwater. Support continued Federal participation
Continuing Authorities Programs, particularly Section 20
Section 206 project from $5 million to at least $10 million.
Clearwater Inlet Maintenance Dredging; Harbor Maintenance Trust Fund
Support adequate annual funding for the Corps of Engineers Operations & Maintenance account,
including additional funding for dredging not identified in the
funding specifically provided for “Small, Remote, or Subsistence Navigation” dredging activities.
Support legislation which would require the expenditure of funds for O&M activities equal to the level of
receipts plus interest credited to the HMTF for tha
Alternative Fuels Tax Incentives
Support the extension of a $0.50 per gallon equivalent tax incentive for natural gas when used as a motor
fuel.
Transportation Authorization
Monitor proposed changes to Federal highway and transit programs.
transportation revenue streams. Support
Clearwater priorities via this legislation or other means.
Public Safety Funding
Support adequate annual funding for a wi
grants, e.g., Community Oriented Policing Services, Byrne Justice Assistance Grants, Emergency
Management Performance Grants, Assistance to Firefighters Grants, and Staffing for Adequate Fire and
Emergency Response Grants. Support
The Corporation for National and Community Service
Program
Support continued annual funding for grant programs within the
Community Service, particularly for the AmeriCorps State and National grant program.
Prescription Drug Abuse
Support the Safe Prescribing Act and other
abuse.
Tax-Exempt Bonds
Oppose legislation that would threaten the tax exe
cap on tax-exempt municipal bonds.
Sales-Tax Legislation
Support legislation that requires companies making catalog and internet sal
associated taxes to local authorities.
City of Clearwater
2013 Federal Legislative Agenda
Stevenson Creek Estuary Restoration Project
continued Corps participation in the Stevenson Creek Aquatic Ecosystem Restoration
continued Federal participation in, and funding of, Corps of Engineers’
Continuing Authorities Programs, particularly Section 206. Support an increased authorization level for a
million to at least $10 million.
Inlet Maintenance Dredging; Harbor Maintenance Trust Fund
adequate annual funding for the Corps of Engineers Operations & Maintenance account,
including additional funding for dredging not identified in the President’s budget. Support
funding specifically provided for “Small, Remote, or Subsistence Navigation” dredging activities.
which would require the expenditure of funds for O&M activities equal to the level of
receipts plus interest credited to the HMTF for that fiscal year.
the extension of a $0.50 per gallon equivalent tax incentive for natural gas when used as a motor
proposed changes to Federal highway and transit programs. Monitor efforts to enhance Federal
Support any and all opportunities to secure funding for
priorities via this legislation or other means.
funding for a wide variety of Departments of Justice and Homeland Security
grants, e.g., Community Oriented Policing Services, Byrne Justice Assistance Grants, Emergency
Management Performance Grants, Assistance to Firefighters Grants, and Staffing for Adequate Fire and
Support the City of Clearwater’s applications for these funds
The Corporation for National and Community Service – AmeriCorps’ State and National Grant
funding for grant programs within the Corporation for National and
, particularly for the AmeriCorps State and National grant program.
he Safe Prescribing Act and other legislation or initiatives that aim to reduce prescription drug
threaten the tax exemption on state and local bonds, including a 28 percent
exempt municipal bonds.
legislation that requires companies making catalog and internet sales to collect and remit the
.
Restoration Project in
in, and funding of, Corps of Engineers’
an increased authorization level for a
adequate annual funding for the Corps of Engineers Operations & Maintenance account,
Support additional
funding specifically provided for “Small, Remote, or Subsistence Navigation” dredging activities.
which would require the expenditure of funds for O&M activities equal to the level of
the extension of a $0.50 per gallon equivalent tax incentive for natural gas when used as a motor
efforts to enhance Federal
any and all opportunities to secure funding for City of
of Justice and Homeland Security
grants, e.g., Community Oriented Policing Services, Byrne Justice Assistance Grants, Emergency
Management Performance Grants, Assistance to Firefighters Grants, and Staffing for Adequate Fire and
Clearwater’s applications for these funds.
State and National Grant
oration for National and
, particularly for the AmeriCorps State and National grant program.
reduce prescription drug
mption on state and local bonds, including a 28 percent
es to collect and remit the
Attachment number 1 \nPage 4 of 27
Item # 24
Transient Occupancy Taxes
Oppose legislation that would exempt Internet travel brokers from paying taxes on the full room rate paid
by the consumer, thereby costing Pinellas
Economic Development Administration
Support continued funding of the Econ
grant applications through the program.
Department of Housing and Urban
Support adequate funding for future fiscal years
the HOME Investment Partnerships p
support those that are least fortunate.
Supportive Housing for the Elderly and for Persons with Disabilities
Urban Development’s Section 202 and 811 Programs
Support continued adequate annual Federal funding of the Department o
Development’s Supportive Housing for the Elderly Program
Persons with Disabilities Program (Section 811).
Homeless Assistance – Continuum of Care Program
Support continued adequate annual fundi
Homeless Assistance Grants, particularly for the Continuum of Care Program.
Offshore Energy Exploration
Monitor the potential expansion of offshore energy exploration in Florida’s Federal waters.
Environmental Protection Agency’s Brownfields Program
Support adequate annual funding for the Environmental Protection Agency
including at least $90 million for the Section 104(k) competitive grant program.
reauthorize the Environmental Protection Agency’s brownfields program.
Land and Water Conservation Fund
Support a $900 million annual appropriation from the Land and Water Conservation Fund, including at
least $100 million for the state grant program.
Public Pension Reform
Monitor federal legislative proposals related to public pensions, e.g., the Public Employee Pension
Transparency Act, which could significantly impact the
National Flood Insurance Program
Monitor FEMA’s implementation of the reauthorization of the National Flood Insurance Program.
Monitor changes to flood insurance rates for homeowners and businesses in the City of Clearwater.
legislation that would exempt Internet travel brokers from paying taxes on the full room rate paid
Pinellas County the opportunity to collect significant tourist revenue
Economic Development Administration
continued funding of the Economic Development Administration. Support City of Clearwater
through the program.
using and Urban Development Formula Programs
for future fiscal years for both the Community Development Block Grants and
the HOME Investment Partnerships programs because of their critical role in the City’s
support those that are least fortunate.
Supportive Housing for the Elderly and for Persons with Disabilities - Department of Housing and
Urban Development’s Section 202 and 811 Programs
d adequate annual Federal funding of the Department of Housing and Urban
Supportive Housing for the Elderly Program (Section 202), and Supportive Housing for
Persons with Disabilities Program (Section 811).
Continuum of Care Program
continued adequate annual funding for Department of Housing and Urban Development
Homeless Assistance Grants, particularly for the Continuum of Care Program.
the potential expansion of offshore energy exploration in Florida’s Federal waters.
Environmental Protection Agency’s Brownfields Program
funding for the Environmental Protection Agency’s brownfields program,
including at least $90 million for the Section 104(k) competitive grant program. Support
authorize the Environmental Protection Agency’s brownfields program.
Land and Water Conservation Fund
a $900 million annual appropriation from the Land and Water Conservation Fund, including at
least $100 million for the state grant program.
federal legislative proposals related to public pensions, e.g., the Public Employee Pension
Transparency Act, which could significantly impact the Clearwater Employees Pension Fund
National Flood Insurance Program
MA’s implementation of the reauthorization of the National Flood Insurance Program.
changes to flood insurance rates for homeowners and businesses in the City of Clearwater.
legislation that would exempt Internet travel brokers from paying taxes on the full room rate paid
significant tourist revenue.
City of Clearwater
Community Development Block Grants and
overall efforts to
Department of Housing and
f Housing and Urban
(Section 202), and Supportive Housing for
ng for Department of Housing and Urban Development
the potential expansion of offshore energy exploration in Florida’s Federal waters.
rownfields program,
Support legislation to
a $900 million annual appropriation from the Land and Water Conservation Fund, including at
federal legislative proposals related to public pensions, e.g., the Public Employee Pension
Clearwater Employees Pension Fund.
MA’s implementation of the reauthorization of the National Flood Insurance Program.
changes to flood insurance rates for homeowners and businesses in the City of Clearwater.
Attachment number 1 \nPage 5 of 27
Item # 24
FEDERAL ISSUE: Stevenson Creek Estuary
BACKGROUND; HOW IT MAY AFFECT
U.S. Army Corps of Engineers with standing authorization, known as the Continuing Authorities
Programs (CAP), to respond to a variety of water resource probl
congressional authorization or funding for each project. In theory, this decreases the amount of time
required to budget, develop, and approve potential projects for construction.
The CAP Section 206 program authoriz
restoration and protection projects in partnership with non
dictates that the maximum Federal cost for planning, design, and construction of any one project
million. Each project must be economically justified, environmentally sound, and technically feasible.
The City and the Corps of Engineers have been engaged on
Creek Estuary Restoration, since 1999.
dredge and remove polluted material from Stevenson Cre
feeds into Clearwater Harbor.
The construction phase of the project began in August of 2009, but
performance issues with the first and second firms
material. These issues resulted in the
increased project costs to the point that
$5,000,000 cost limit. The City has contributed
100 percent of project overruns, an additional $571,091,
40 percent. To date, the project is only 20 percent complete.
At the end of the 112th Congress, and again, in the 113
Chairwoman of the Senate Committee on
Resources Development Act (WRDA
$5 million to $10 million. Senate Democratic and Republican leadership have indicated that bringing
WRDA to the floor is a priority. The
Committee, Rep. Bill Shuster (R-PA)
to address during the 113th Congress.
RECOMMENDED POSITION: Support
Restoration Project in the City of Clearwater.
Corps of Engineers’ Continuing Authorities Programs, particularly Section 20
authorization of the Water Resources Development Act, with
million to at least $10 million for Section 206 projects
NOTES:
Page 1
Stevenson Creek Estuary Restoration Project
BACKGROUND; HOW IT MAY AFFECT THE CITY OF CLEARWATER: Congress provides the
U.S. Army Corps of Engineers with standing authorization, known as the Continuing Authorities
Programs (CAP), to respond to a variety of water resource problems without the need to seek specific
congressional authorization or funding for each project. In theory, this decreases the amount of time
required to budget, develop, and approve potential projects for construction.
program authorizes the Corps of Engineers to engage in aquatic ecosystem
in partnership with non-Federal government agencies. Current law
dictates that the maximum Federal cost for planning, design, and construction of any one project
Each project must be economically justified, environmentally sound, and technically feasible.
The City and the Corps of Engineers have been engaged on a Section 206 CAP project, the Stevenson
since 1999. This objective of the Stevenson Creek Estuary Project is
and remove polluted material from Stevenson Creek to improve the health of the
The construction phase of the project began in August of 2009, but has encountered major delays due to
issues with the first and second firms selected to dredge the creek and remove the polluted
. These issues resulted in the termination of these previously awarded contracts
costs to the point that the Corps’ Federal expenditures have reached their authorized
The City has contributed a $2,692,308 cost share to the project, and
100 percent of project overruns, an additional $571,091, thereby increasing the City’s overall
To date, the project is only 20 percent complete.
, and again, in the 113th Congress, Senator Barbara Boxer (D
Chairwoman of the Senate Committee on Environment and Public Works (EPW), released
WRDA) that proposes raising the per project CAP Section 206 limit
Senate Democratic and Republican leadership have indicated that bringing
The new Chairman of the House Transportation and Infrastructure
PA), has also indicated that WRDA is a priority the committee intends
Congress.
Support continued Corps participation in the Stevenson Creek
in the City of Clearwater. Support continued Federal participation in, and funding of
Corps of Engineers’ Continuing Authorities Programs, particularly Section 206. Support
authorization of the Water Resources Development Act, with an increased authorization l
for Section 206 projects.
: Congress provides the
U.S. Army Corps of Engineers with standing authorization, known as the Continuing Authorities
ems without the need to seek specific
congressional authorization or funding for each project. In theory, this decreases the amount of time
engage in aquatic ecosystem
Federal government agencies. Current law
dictates that the maximum Federal cost for planning, design, and construction of any one project is $5
Each project must be economically justified, environmentally sound, and technically feasible.
a Section 206 CAP project, the Stevenson
Estuary Project is to
ek to improve the health of the waterway which
encountered major delays due to
to dredge the creek and remove the polluted
contracts and have
expenditures have reached their authorized
t, and has provided
overall cost share to
Senator Barbara Boxer (D-CA), the
released a Water
Section 206 limit from
Senate Democratic and Republican leadership have indicated that bringing
hairman of the House Transportation and Infrastructure
ommittee intends
enson Creek Estuary
continued Federal participation in, and funding of,
Support a new
an increased authorization limit from $5
Attachment number 1 \nPage 6 of 27
Item # 24
FEDERAL ISSUE: Clearwater Inlet Maintenance Dredging
BACKGROUND; HOW IT MAY AFFECT
channel, the Army Corps of Engineers are supposed to be 100 percent responsible for the cost of
maintenance dredging of Clearwater Pass. The Clearwater pass requires maintenance dredging about
every 5 years due to shoaling, which
fishermen, charter boats, and other recreational vessels
constraints, this only occurs about eve
Clearwater Pass was last dredged and fully paid fo
2012, but the City of Clearwater paid the entire
Corps may have funding available to complete the dredging
City for about a third of the cost of that dred
The dredging project has a double benefit, as the sand that is removed is then used to renourish North
Clearwater Beach.
To fund dredging projects that are not generally budgeted for b
competition for funds from the Army Corps of Engineers, Congress has adjusted their funding strategy in
the age of no-earmarks to add additional funding for what Congress terms “Additional Funding for
Ongoing Work.” Among these amounts, Congress in Fiscal Year
additional funding to the Corps for “Small, Remote, or Subsistence Navigation” operations &
maintenance (O&M) activity. This will likely be the funding from which the
compete in the future to maintain the channel.
or Subsistence Navigation” will be limited to $28.5 million.
On another front, in an effort to alleviate the annual shortage of
the United States, some have advocated that disbursements from the Harbor Maintenance Trust Fund
(HMTF) be increased dramatically. The Harbor Maintenance Tax, which funds the HMTF, is levied on
importers and domestic shippers using coastal or Great Lakes ports and is assessed at a rate of $1.25 per
$1,000 in cargo value. When O&M funding is provided for a Corps dredging project, it comes from the
HMTF.
At the end of 2012, the HMTF has a balance of more than $
over $100 million alone in recent fiscal years. However, because the HMTF is not a separate, or “off
budget,” account within the Federal budget, the “surplus” in the HMTF has in effect already been spent
elsewhere on other general government activities.
Expenditures by Congress out of the HMTF to pay for routine O&M expenses have remained relatively
stagnant for decades. In essence, Congress has decided to provide less funding for Corps O&M activities
than would be provided if there were a legislative mandate to spend all funding provided annually via the
HMTF. Over the past 15 years, HMTF expenditures by Congress have consistently been less than the
collections and interest into the HMTF. The difference between what
fluctuated, from a low of roughly $50 million in Fiscal Year 2002 to a high of roughly $500 million in
Fiscal Year 2009.
Page 2
Inlet Maintenance Dredging; Harbor Maintenance Trust Fund
BACKGROUND; HOW IT MAY AFFECT THE CITY OF CLEARWATER: As a Federal navigation
channel, the Army Corps of Engineers are supposed to be 100 percent responsible for the cost of
Clearwater Pass. The Clearwater pass requires maintenance dredging about
, which cuts off an important navigation channel for local commercial
and other recreational vessels. However, due to City and Corps budget
constraints, this only occurs about every 10 years.
dredged and fully paid for by the Corps in 2001. The Pass was again dredged i
paid the entire $750,000 cost of the project, as it was uncertain
may have funding available to complete the dredging. Eventually, the Corps did reimbur
for about a third of the cost of that dredging operation.
The dredging project has a double benefit, as the sand that is removed is then used to renourish North
To fund dredging projects that are not generally budgeted for by the Administration due to the difficult
competition for funds from the Army Corps of Engineers, Congress has adjusted their funding strategy in
earmarks to add additional funding for what Congress terms “Additional Funding for
” Among these amounts, Congress in Fiscal Year (FY) 2012 provided $30 million in
additional funding to the Corps for “Small, Remote, or Subsistence Navigation” operations &
maintenance (O&M) activity. This will likely be the funding from which the Clearwater Pass
compete in the future to maintain the channel. After sequestration, FY 2013 funding for “Small, Remote,
or Subsistence Navigation” will be limited to $28.5 million.
On another front, in an effort to alleviate the annual shortage of funding for O&M activities throughout
the United States, some have advocated that disbursements from the Harbor Maintenance Trust Fund
(HMTF) be increased dramatically. The Harbor Maintenance Tax, which funds the HMTF, is levied on
shippers using coastal or Great Lakes ports and is assessed at a rate of $1.25 per
$1,000 in cargo value. When O&M funding is provided for a Corps dredging project, it comes from the
a balance of more than $7 billion. Interest on collections has been
over $100 million alone in recent fiscal years. However, because the HMTF is not a separate, or “off
budget,” account within the Federal budget, the “surplus” in the HMTF has in effect already been spent
ther general government activities.
Expenditures by Congress out of the HMTF to pay for routine O&M expenses have remained relatively
stagnant for decades. In essence, Congress has decided to provide less funding for Corps O&M activities
ovided if there were a legislative mandate to spend all funding provided annually via the
HMTF. Over the past 15 years, HMTF expenditures by Congress have consistently been less than the
collections and interest into the HMTF. The difference between what is collected and what is spent has
fluctuated, from a low of roughly $50 million in Fiscal Year 2002 to a high of roughly $500 million in
; Harbor Maintenance Trust Fund
Federal navigation
channel, the Army Corps of Engineers are supposed to be 100 percent responsible for the cost of
Clearwater Pass. The Clearwater pass requires maintenance dredging about
ff an important navigation channel for local commercial
. However, due to City and Corps budget
was again dredged in
uncertain when the
, the Corps did reimburse the
The dredging project has a double benefit, as the sand that is removed is then used to renourish North
y the Administration due to the difficult
competition for funds from the Army Corps of Engineers, Congress has adjusted their funding strategy in
earmarks to add additional funding for what Congress terms “Additional Funding for
2012 provided $30 million in
additional funding to the Corps for “Small, Remote, or Subsistence Navigation” operations &
Clearwater Pass must
After sequestration, FY 2013 funding for “Small, Remote,
funding for O&M activities throughout
the United States, some have advocated that disbursements from the Harbor Maintenance Trust Fund
(HMTF) be increased dramatically. The Harbor Maintenance Tax, which funds the HMTF, is levied on
shippers using coastal or Great Lakes ports and is assessed at a rate of $1.25 per
$1,000 in cargo value. When O&M funding is provided for a Corps dredging project, it comes from the
n. Interest on collections has been
over $100 million alone in recent fiscal years. However, because the HMTF is not a separate, or “off-
budget,” account within the Federal budget, the “surplus” in the HMTF has in effect already been spent
Expenditures by Congress out of the HMTF to pay for routine O&M expenses have remained relatively
stagnant for decades. In essence, Congress has decided to provide less funding for Corps O&M activities
ovided if there were a legislative mandate to spend all funding provided annually via the
HMTF. Over the past 15 years, HMTF expenditures by Congress have consistently been less than the
is collected and what is spent has
fluctuated, from a low of roughly $50 million in Fiscal Year 2002 to a high of roughly $500 million in
Attachment number 1 \nPage 7 of 27
Item # 24
To rectify this situation, some in Congress have called for increasing disbursements from the t
In the 112th Congress, legislation was
expenditure of funds for O&M activities equal to the level of receipts plus interest credited to the HMTF
for that fiscal year. This type of legis
Development Act.
In the 113th Congress, this legislation has been reintroduced in the House of Representatives and the
Senate. The House bill currently has 92 cosponsors,
Nelson and Rubio have once again signed on as cosponsors with 32 of his colleagues.
RECOMMENDED POSITION: Support
& Maintenance account, including additional fund
Administration budget. Support additional funding specifically provided for “Small, Remote, or
Subsistence Navigation” dredging activities.
the expenditure of funds for O&M activities equal to the level of receipts plus interest credited to the
HMTF for that fiscal year.
NOTES:
Page 3
To rectify this situation, some in Congress have called for increasing disbursements from the t
was introduced in the House and Senate that would require the
expenditure of funds for O&M activities equal to the level of receipts plus interest credited to the HMTF
for that fiscal year. This type of legislation is ideally suited for inclusion in a Water Resources
Congress, this legislation has been reintroduced in the House of Representatives and the
Senate. The House bill currently has 92 cosponsors, including 8 from Florida. In the Senate, Senators
Nelson and Rubio have once again signed on as cosponsors with 32 of his colleagues.
Support adequate annual funding for the Corps of Engineers Operations
& Maintenance account, including additional funding for dredging not identified in the annual
additional funding specifically provided for “Small, Remote, or
Subsistence Navigation” dredging activities. Support H.R. 335 and S. 218, both of which would require
ture of funds for O&M activities equal to the level of receipts plus interest credited to the
To rectify this situation, some in Congress have called for increasing disbursements from the trust fund.
would require the
expenditure of funds for O&M activities equal to the level of receipts plus interest credited to the HMTF
lation is ideally suited for inclusion in a Water Resources
Congress, this legislation has been reintroduced in the House of Representatives and the
In the Senate, Senators
adequate annual funding for the Corps of Engineers Operations
ing for dredging not identified in the annual
additional funding specifically provided for “Small, Remote, or
, both of which would require
ture of funds for O&M activities equal to the level of receipts plus interest credited to the
Attachment number 1 \nPage 8 of 27
Item # 24
FEDERAL ISSUE: Transportation Authorization
BACKGROUND; HOW IT MAY AFFECT
short-term authorizations, Congress passed and the President signed the
the 21st Century Act (MAP-21) on July 6, 2012. MAP
at roughly the levels of the previous authorization ($48 billion) through September 30, 2014, which
means that Congress will need to begin to craft the follow
of the 113th Congress.
MAP-21 eliminated, consolidated, or changed
transportation grant programs into formula programs, and left much discretion to state Departments of
Transportation on how to allocate funding
One of those changes was the removal of de
to School, Recreational Trails, and the Transportation Enhancements program. The legislation instead
created a new program called Transportation Alternatives (TA). Under this consolidated progra
funding for these activities will be reduced by approximately $300 million annually from current levels of
funding. Fifty percent of Florida’s estimated $
within the state based on population, a
200,000 will be given project selection authority ov
City of Clearwater will go through the
In developing MAP-21, Congress did not address the need for a long
nation’s transportation infrastructure. Fuel taxes, which currently provide most of the money for surface
transportation, do not provide a solid long
growth, even if Congress were to authorize a modest increase
sources of income for an expanded program, or alternately, to settle for a smaller
very different than the one currently in place. Less Federal funding via a future transportation
reauthorization bill would mean significantly less funding available to
and ultimately the City of Clearwater
programs.
RECOMMENDED POSITION: Monitor
Monitor efforts to enhance Federal transportation revenue streams.
secure funding for the City of Clearwater’s
NOTES:
Page 4
: Transportation Authorization
BACKGROUND; HOW IT MAY AFFECT THE CITY OF CLEARWATER: After several years of
term authorizations, Congress passed and the President signed the Moving Ahead for Progress in
n July 6, 2012. MAP-21 funds Federal surface transportation programs
revious authorization ($48 billion) through September 30, 2014, which
means that Congress will need to begin to craft the follow-on legislation to MAP-21 well before the end
, or changed many programs, transformed nearly all discretionary
transportation grant programs into formula programs, and left much discretion to state Departments of
Transportation on how to allocate funding among the remaining programs.
the removal of dedicated funding for several programs, including Safe Routes
to School, Recreational Trails, and the Transportation Enhancements program. The legislation instead
created a new program called Transportation Alternatives (TA). Under this consolidated progra
funding for these activities will be reduced by approximately $300 million annually from current levels of
funding. Fifty percent of Florida’s estimated $49 million TA allocation for FY 2013 will be sub
within the state based on population, and census-designated urbanized areas with populations above
200,000 will be given project selection authority over its portion of these funds. Funding
the Pinellas County Metropolitan Planning Organizati
21, Congress did not address the need for a long-term, sustainable plan to finance our
nation’s transportation infrastructure. Fuel taxes, which currently provide most of the money for surface
a solid long-term foundation for generally desired transportation funding
authorize a modest increase. The choice then becomes finding new
sources of income for an expanded program, or alternately, to settle for a smaller program that might look
very different than the one currently in place. Less Federal funding via a future transportation
reauthorization bill would mean significantly less funding available to FDOT, the Pinellas County MPO,
Clearwater, to support both surface transportation and transit projects and
Monitor proposed changes to Federal highway and transit programs.
efforts to enhance Federal transportation revenue streams. Support any and all opportunities to
the City of Clearwater’s priorities via this legislation or other means.
After several years of
Moving Ahead for Progress in
21 funds Federal surface transportation programs
revious authorization ($48 billion) through September 30, 2014, which
21 well before the end
transformed nearly all discretionary
transportation grant programs into formula programs, and left much discretion to state Departments of
dicated funding for several programs, including Safe Routes
to School, Recreational Trails, and the Transportation Enhancements program. The legislation instead
created a new program called Transportation Alternatives (TA). Under this consolidated program,
funding for these activities will be reduced by approximately $300 million annually from current levels of
TA allocation for FY 2013 will be sub-allocated
designated urbanized areas with populations above
unding available to the
Planning Organization (MPO).
term, sustainable plan to finance our
nation’s transportation infrastructure. Fuel taxes, which currently provide most of the money for surface
term foundation for generally desired transportation funding
. The choice then becomes finding new
program that might look
very different than the one currently in place. Less Federal funding via a future transportation
the Pinellas County MPO,
, to support both surface transportation and transit projects and
proposed changes to Federal highway and transit programs.
y and all opportunities to
priorities via this legislation or other means.
Attachment number 1 \nPage 9 of 27
Item # 24
FEDERAL ISSUE: Alternative Fuel Tax Incentives
BACKGROUND; HOW IT MAY AFFECT
authorization bill known as SAFETEA
vehicle fuel. The $0.50 per gallon equivalent incentive is provided to businesses, individuals, and tax
exempt entities that sell the fuel and essentially becomes a rebate. The $0.50 incentive originally expired
at the end of Fiscal Year 2009, but has since been extended three times to the end of calendar year 2013,
most recently as part of the American Taxpayer Relief Act of 2012
In the fall of 2011, the City of Clearwater opened
Bay area, and takes advantage of this tax incentive
provided to the City is estimated to be $75,000
years.
There remains an underlying feeling among some in Congress that the free
fuels, etc. we use to power the nation and that the Federal government should not in essence pick winners
and losers via tax policy. An example of this is was legislation introduced in the 112
Pompeo (R-KS) that would have terminated all energy incentives.
In another example, Rep. John Sullivan (
Americans Solutions Act in 2011. Senator Robert Menendez (
the Senate. The Sullivan-Menendez
natural gas, including extending the natural gas fuel tax incentive. During the 112
retained bipartisan support in the House with over 180 cosponsors
very unusual step to remove their names as co
RECOMMENDED POSITION: Support
natural gas when used as a motor fuel.
NOTES:
Page 5
Alternative Fuel Tax Incentives
BACKGROUND; HOW IT MAY AFFECT THE CITY OF CLEARWATER: An older
authorization bill known as SAFETEA-LU provided a tax incentive for natural gas when used as a motor
per gallon equivalent incentive is provided to businesses, individuals, and tax
and essentially becomes a rebate. The $0.50 incentive originally expired
at the end of Fiscal Year 2009, but has since been extended three times to the end of calendar year 2013,
American Taxpayer Relief Act of 2012, albeit partially retroactively.
Clearwater opened the first public natural gas filling station in the Tampa
takes advantage of this tax incentive with every gallon of gas sold. For 2012, t
estimated to be $75,000 and is expected to grow significantly over the
There remains an underlying feeling among some in Congress that the free-market should determine what
the nation and that the Federal government should not in essence pick winners
and losers via tax policy. An example of this is was legislation introduced in the 112th Congress by Rep.
KS) that would have terminated all energy incentives.
, Rep. John Sullivan (R-OK) introduced the New Alternative Transportation to Give
Senator Robert Menendez (D-NJ) introduced companion legislation in
Menendez bill would have amended a variety of laws to promote
, including extending the natural gas fuel tax incentive. During the 112th Congress, t
bipartisan support in the House with over 180 cosponsors, but 18 members of the House took the
unusual step to remove their names as co-sponsors of the legislation.
Support the extension of a $0.50 per gallon equivalent tax incentive for
natural gas when used as a motor fuel.
: An older Transportation
LU provided a tax incentive for natural gas when used as a motor
per gallon equivalent incentive is provided to businesses, individuals, and tax-
and essentially becomes a rebate. The $0.50 incentive originally expired
at the end of Fiscal Year 2009, but has since been extended three times to the end of calendar year 2013,
rtially retroactively.
filling station in the Tampa
For 2012, the rebate
over the next several
market should determine what
the nation and that the Federal government should not in essence pick winners
Congress by Rep.
OK) introduced the New Alternative Transportation to Give
NJ) introduced companion legislation in
promote greater use of
Congress, the bill
, but 18 members of the House took the
the extension of a $0.50 per gallon equivalent tax incentive for
Attachment number 1 \nPage 10 of 27
Item # 24
FEDERAL ISSUE: Public Safety Programs
BACKGROUND; HOW IT MAY AFFECT
many Department of Justice (DOJ) and Department of Homeland Security (DHS) programs are provided
as block grants with each state receiving a certain
That funding is then passed through to local jurisdictions to help support police, fire, emergency
management, and homeland security functions of government. In other instances, funding from federal
programs is made available to local governments via competitive grant solicitations. Specifically,
program funds can be used to hire police officers through Community Oriented Policing Services (COPS)
or firefighters through Staffing For Adequate Fire & Emerg
equipment through the Justice Assistance Grant (JAG) or Assistance to Firefighters Grant (AFG).
The City of Clearwater benefits from annual allocations from several of these
other programs offer competitive grant opportunities from which the City has
Most federal public safety programs saw a decrease in funding from Fiscal Year (FY) 2011 to FY 2012
However, in FY 2013, some actually received a slight increase
· For FY 2012, COPS hiring grants were funded at $166 million
increase to $176.7 million, even after sequestration
· For FY 2012, the JAG program
to $372.8 million after sequestration
· For FY 2012, the AFG program
$320.15 in FY 2013 after sequestration.
· For FY 2012, the SAFER grant program
$320.5 million in FY 2013 after sequestration
RECOMMENDED POSITION: Support
Justice and Department of Homeland Security grants
Justice Assistance Grants, Emergency Management Performance Grants, Assistance to Firefighters
Grants, and Staffing for Adequate Fire and Emergency Response Grants
Clearwater’s future applications for these funds
NOTES:
Page 6
Public Safety Programs
BACKGROUND; HOW IT MAY AFFECT THE CITY OF CLEARWATER: Federal grant funding for
many Department of Justice (DOJ) and Department of Homeland Security (DHS) programs are provided
as block grants with each state receiving a certain amount of funding, generally linked to population.
That funding is then passed through to local jurisdictions to help support police, fire, emergency
management, and homeland security functions of government. In other instances, funding from federal
rams is made available to local governments via competitive grant solicitations. Specifically,
program funds can be used to hire police officers through Community Oriented Policing Services (COPS)
or firefighters through Staffing For Adequate Fire & Emergency Response Grants (SAFER), purchase
equipment through the Justice Assistance Grant (JAG) or Assistance to Firefighters Grant (AFG).
The City of Clearwater benefits from annual allocations from several of these Federal programs, while
er competitive grant opportunities from which the City has traditionally
Most federal public safety programs saw a decrease in funding from Fiscal Year (FY) 2011 to FY 2012
However, in FY 2013, some actually received a slight increase.
FY 2012, COPS hiring grants were funded at $166 million, and in FY 2013 experience
, even after sequestration.
program was funded at $352 million, and in FY 2013 also had an increase
after sequestration.
the AFG program was funded at $337.5 million, but experienced a decrease to
after sequestration.
grant program was funded at $337.5 million, but also saw a decrease to
after sequestration.
Support adequate annual funding for a wide variety of Department of
Justice and Department of Homeland Security grants (e.g., Community Oriented Policing Services, Byrne
Grants, Emergency Management Performance Grants, Assistance to Firefighters
Grants, and Staffing for Adequate Fire and Emergency Response Grants). Support the City of
applications for these funds.
Federal grant funding for
many Department of Justice (DOJ) and Department of Homeland Security (DHS) programs are provided
amount of funding, generally linked to population.
That funding is then passed through to local jurisdictions to help support police, fire, emergency
management, and homeland security functions of government. In other instances, funding from federal
rams is made available to local governments via competitive grant solicitations. Specifically,
program funds can be used to hire police officers through Community Oriented Policing Services (COPS)
ency Response Grants (SAFER), purchase
equipment through the Justice Assistance Grant (JAG) or Assistance to Firefighters Grant (AFG).
programs, while
traditionally sought funds.
Most federal public safety programs saw a decrease in funding from Fiscal Year (FY) 2011 to FY 2012.
FY 2013 experienced an
FY 2013 also had an increase
, but experienced a decrease to
, but also saw a decrease to
a wide variety of Department of
e.g., Community Oriented Policing Services, Byrne
Grants, Emergency Management Performance Grants, Assistance to Firefighters
the City of
Attachment number 1 \nPage 11 of 27
Item # 24
FEDERAL ISSUE: The Corporation for
National Grant Program
BACKGROUND; HOW IT MAY AFFECT
signed the National and Community Service Trust Act
for National and Community Service
programs under the umbrella of one central organization.
network of national service programs
the United States to meet critical needs in education, public safety, health, and the environment.
the success of the program, and underscoring its bipartisan support,
Strengthen AmeriCorps Program Act, which
members in all categories.
For the past 18 years, the City of Clearwater’s Police Department has received Federal funding from
AmeriCorps’ State and National grant program through Florida’s State Service Commission, Volunteer
Florida. The Clearwater Police Department’s program offers a two
college students, which provides them the opportuni
These students are offered shadowing oppo
participating in day-to-day activities in the police department. After the two years, if the stu
proven themselves, they have the opportunity to be hired on as police officers. Since the inception of this
program, the Clearwater Police Department has hired permanently 20 police officers and promoted 4 to
supervisor positions.
The aforementioned bipartisan support for CNCS programs, including the AmeriCorps’ State and
National grant program, has waned in Congress during the past
and 2013, the House of Representatives approved their versi
and Education Appropriations bill, which included a 74 percent funding reduction
overall, and eliminated all AmeriCorps grant programs. Ultimately, in FY 2012, the CNCS was funded at
$1.048 billion, with the AmeriCorps’ State and National grant program receiving $344.3 million. It has
been determined that the CNCS will see an overall reduction in funding for FY 2013 of approximately
$53 million from its FY 2012 level.
RECOMMENDED POSITION: Su
Corporation for National and Community Service
grant program.
NOTES:
Page 7
Corporation for National and Community Service – AmeriCorps’ State and
BACKGROUND; HOW IT MAY AFFECT THE CITY OF CLEARWATER: President Bill Clinton
signed the National and Community Service Trust Act in 1993. This initiative established the Corporation
for National and Community Service (CNCS) and brought the full range of domestic community service
programs under the umbrella of one central organization. This legislation also created AmeriCorps,
rograms that provide intensive community service opportunities
to meet critical needs in education, public safety, health, and the environment.
the success of the program, and underscoring its bipartisan support, President George W.
Strengthen AmeriCorps Program Act, which authorized nearly double the number of AmeriCorps
For the past 18 years, the City of Clearwater’s Police Department has received Federal funding from
AmeriCorps’ State and National grant program through Florida’s State Service Commission, Volunteer
Florida. The Clearwater Police Department’s program offers a two-year public safety program to local
, which provides them the opportunity to work directly with law enforcement officials.
These students are offered shadowing opportunities such as going on ride-alongs with police officers, and
day activities in the police department. After the two years, if the stu
proven themselves, they have the opportunity to be hired on as police officers. Since the inception of this
program, the Clearwater Police Department has hired permanently 20 police officers and promoted 4 to
The aforementioned bipartisan support for CNCS programs, including the AmeriCorps’ State and
National grant program, has waned in Congress during the past few years. In both Fiscal Year (FY) 2012
and 2013, the House of Representatives approved their version of the Labor, Health and Human Services,
bill, which included a 74 percent funding reduction for CNCS programs
AmeriCorps grant programs. Ultimately, in FY 2012, the CNCS was funded at
lion, with the AmeriCorps’ State and National grant program receiving $344.3 million. It has
been determined that the CNCS will see an overall reduction in funding for FY 2013 of approximately
$53 million from its FY 2012 level.
Support continued annual funding for grant programs within the
Corporation for National and Community Service, particularly for the AmeriCorps State and National
AmeriCorps’ State and
President Bill Clinton
tablished the Corporation
and brought the full range of domestic community service
This legislation also created AmeriCorps, a
community service opportunities throughout
to meet critical needs in education, public safety, health, and the environment. Due to
George W. Bush signed the
nearly double the number of AmeriCorps
For the past 18 years, the City of Clearwater’s Police Department has received Federal funding from the
AmeriCorps’ State and National grant program through Florida’s State Service Commission, Volunteer
year public safety program to local
ty to work directly with law enforcement officials.
alongs with police officers, and
day activities in the police department. After the two years, if the students have
proven themselves, they have the opportunity to be hired on as police officers. Since the inception of this
program, the Clearwater Police Department has hired permanently 20 police officers and promoted 4 to
The aforementioned bipartisan support for CNCS programs, including the AmeriCorps’ State and
years. In both Fiscal Year (FY) 2012
Health and Human Services,
CNCS programs
AmeriCorps grant programs. Ultimately, in FY 2012, the CNCS was funded at
lion, with the AmeriCorps’ State and National grant program receiving $344.3 million. It has
been determined that the CNCS will see an overall reduction in funding for FY 2013 of approximately
funding for grant programs within the
, particularly for the AmeriCorps State and National
Attachment number 1 \nPage 12 of 27
Item # 24
FEDERAL ISSUE: Prescription Drug Abuse
BACKGROUND; HOW IT MAY AFFECT
prescription drugs in the United States has resulted in reactions
Administration, Congress, and the s
reduction efforts due to complications
sold. In 2011, the Administration released the Prescription Drug Abuse Prevention Plan, which proposes
to increase enforcement, improve education, monitoring, and ensure the proper disposal of medication
While Florida and other states have enacted their own legislation
reduce prescription drug abuse on a national level
In 2010, the Florida Medical Examiner's Commission
showed Pinellas and Pasco Counties lead
Florida Prescription Drug Monitoring
whenever they prescribe and dispense
pain medication such as Xanax, Vicodin, OxyContin, etc.
already been prescribed or dispensed to an individual is not mandated
According to Chief Holloway, prescription drug abuse remains
The Drug Enforcement Agency classifies drugs based on t
are classified as schedule II, III, and IV drugs)
drugs (Vicodin, Norco, Lortab) have a
misclassified as Schedule III drugs.
providers that these painkillers are less dangerous or less powerful than their Schedule II counterparts.
In an effort to combat this problem,
in the House, and Senators Joe Manchin (D
“The Safe Prescribing Act of 2013.”
improve prescription standards for hydrocodone combination drugs
period, as Schedule II drugs. This would make
passed, the bill would also require the Government Accou
this legislation on legitimate patient access to these drugs.
The Safe Prescribing Act of 2013 has 4 additional cosponsors in the Senate and 40 in the House,
including several Florida delegation members from
prevention, health care and law enforcement organizations, including
Prescription Drug Abuse and the Fraternal Order of Police.
RECOMMENDED POSITION: Support
that aim to reduce prescription drug abuse.
NOTES:
Page 8
Prescription Drug Abuse
BACKGROUND; HOW IT MAY AFFECT THE CITY OF CLEARWATER: The growing abuse of
prescription drugs in the United States has resulted in reactions from both Federal and state officials. The
the state of Florida are supporting widespread prescription drug abuse
efforts due to complications that arise when prescription drugs are moved across borders to be
In 2011, the Administration released the Prescription Drug Abuse Prevention Plan, which proposes
rcement, improve education, monitoring, and ensure the proper disposal of medication
ve enacted their own legislation, Congress continues to discuss how to
on a national level.
the Florida Medical Examiner's Commission released a report on prescription drug abuse that
Counties leading the state in prescription drug overdose related
onitoring Program requires doctors and pharmacists to enter
whenever they prescribe and dispense controlled substance drugs. This has curbed access
such as Xanax, Vicodin, OxyContin, etc.. But, checking to see if one of these drugs has
already been prescribed or dispensed to an individual is not mandated, leaving an obvious loophole
According to Chief Holloway, prescription drug abuse remains a problem in the City of Clearwater.
The Drug Enforcement Agency classifies drugs based on their abuse potential and addictive nature
are classified as schedule II, III, and IV drugs). Research has shown that Hydrocodone combination
drugs (Vicodin, Norco, Lortab) have a high potential for addiction and abuse, indicating
This misclassification sends the wrong message to patients and
providers that these painkillers are less dangerous or less powerful than their Schedule II counterparts.
, Congressmen Vern Buchanan (R-FL) and Edward Markey (D
Joe Manchin (D-WV) and Mark Kirk (R-IL) in the Senate, ha
” This legislation would amend the Control Substances Act (CSA
improve prescription standards for hydrocodone combination drugs by reclassifying them
, as Schedule II drugs. This would make them much harder to prescribe and thus acquire
he bill would also require the Government Accounting Office to issue a report on the impact of
this legislation on legitimate patient access to these drugs.
has 4 additional cosponsors in the Senate and 40 in the House,
including several Florida delegation members from both parties. It is also supported by
prevention, health care and law enforcement organizations, including the National Coalition Against
and the Fraternal Order of Police.
Support the Safe Prescribing Act and other legislation
reduce prescription drug abuse.
The growing abuse of
from both Federal and state officials. The
prescription drug abuse
that arise when prescription drugs are moved across borders to be
In 2011, the Administration released the Prescription Drug Abuse Prevention Plan, which proposes
rcement, improve education, monitoring, and ensure the proper disposal of medication.
to discuss how to
released a report on prescription drug abuse that
prescription drug overdose related deaths. The
to enter into a database
access to addictive
checking to see if one of these drugs has
, leaving an obvious loophole.
ty of Clearwater.
heir abuse potential and addictive nature (these
Hydrocodone combination
, indicating they are currently
This misclassification sends the wrong message to patients and
providers that these painkillers are less dangerous or less powerful than their Schedule II counterparts.
and Edward Markey (D-MA),
have introduced
the Control Substances Act (CSA) to
reclassifying them, for a 3 year
much harder to prescribe and thus acquire. If
on the impact of
has 4 additional cosponsors in the Senate and 40 in the House,
supported by 17 drug
the National Coalition Against
legislation and initiatives
Attachment number 1 \nPage 13 of 27
Item # 24
FEDERAL ISSUE: Tax-Exempt Bonds
BACKGROUND; HOW IT MAY AFFECT
bonds have been tax-exempt for almost 100
which target the tax exemption of tax
or reduce Federal spending. With local governments facing severe budget difficulties
limit the tax exemption would put more pressure on local finances by reducing demand for tax
bonds and increase borrowing costs for state and local governments, ultimately leading to higher taxes or
reduced services. Specifically:
· The Administration has proposed as part of a jobs and deficit reduction plan to limit the benefit of
itemized deductions and certain exclusions to 28 percent for higher income taxpayers.
· The Administration’s plan also includes a new debt reduction
exclusion for tax-exempt bond interest income below 28 percent. The new trigger could limit the
tax savings from tax-exempt bonds every year, increasing the risk and the cost of all tax
bonds.
· The Administration’s National Commission on Fiscal Responsibility and Reform, also called
Simpson-Bowles, recommended a tax reform plan which would end the tax exemption for newly
issued state and local bonds.
· The Bipartisan Policy Center has proposed a tax reform plan, al
which would end the tax exemption for all new private
· Senators Ron Wyden (D-OR)
Simplification Act which would replace tax
· Senator Tom Coburn (R-OK)
which authorizes tribes to issue tax
· The Congressional Budget Office has released a report on r
a proposal to replace the tax exemption of municipal bonds with a direct subsidy for issuers.
Estimates have been provided that the difference in the rate of earnings that local governments would
need to offer prospective buyers of their taxable bonds would depend on the market, but may be roughly
1.35 percent more for those offerings. On $10 million borrowed, this would likely cost $1,660,000 over a
20 year term, a cost that would be borne by local taxpayers.
RECOMMENDED POSITION: Oppose
local bonds, including a 28 percent cap on tax
NOTES:
Page 9
Exempt Bonds
BACKGROUND; HOW IT MAY AFFECT THE CITY OF CLEARWATER: Although municipal
exempt for almost 100 years, a number of Federal proposals continue to be discussed
which target the tax exemption of tax-exempt bonds, particularly as part of the debate to end the sequester
or reduce Federal spending. With local governments facing severe budget difficulties, any proposal to
limit the tax exemption would put more pressure on local finances by reducing demand for tax
bonds and increase borrowing costs for state and local governments, ultimately leading to higher taxes or
The Administration has proposed as part of a jobs and deficit reduction plan to limit the benefit of
itemized deductions and certain exclusions to 28 percent for higher income taxpayers.
The Administration’s plan also includes a new debt reduction trigger which could further limit the
exempt bond interest income below 28 percent. The new trigger could limit the
exempt bonds every year, increasing the risk and the cost of all tax
n’s National Commission on Fiscal Responsibility and Reform, also called
Bowles, recommended a tax reform plan which would end the tax exemption for newly
issued state and local bonds.
The Bipartisan Policy Center has proposed a tax reform plan, also known as Domenici
which would end the tax exemption for all new private-purpose bonds.
OR) and Dan Coats (R-IN) introduced the Bipartisan Tax Fairness and
Simplification Act which would replace tax-exempt bonds with taxable bonds and a tax credit.
OK) has proposed a tax reform plan which would repeal the program
which authorizes tribes to issue tax-exempt bonds for economic development purposes.
The Congressional Budget Office has released a report on revenue-raising options which includes
a proposal to replace the tax exemption of municipal bonds with a direct subsidy for issuers.
the difference in the rate of earnings that local governments would
tive buyers of their taxable bonds would depend on the market, but may be roughly
1.35 percent more for those offerings. On $10 million borrowed, this would likely cost $1,660,000 over a
20 year term, a cost that would be borne by local taxpayers.
Oppose legislation that would threaten the tax exemption on state and
local bonds, including a 28 percent cap on tax-exempt municipal bonds.
Although municipal
years, a number of Federal proposals continue to be discussed
exempt bonds, particularly as part of the debate to end the sequester
, any proposal to
limit the tax exemption would put more pressure on local finances by reducing demand for tax-exempt
bonds and increase borrowing costs for state and local governments, ultimately leading to higher taxes or
The Administration has proposed as part of a jobs and deficit reduction plan to limit the benefit of
itemized deductions and certain exclusions to 28 percent for higher income taxpayers.
trigger which could further limit the
exempt bond interest income below 28 percent. The new trigger could limit the
exempt bonds every year, increasing the risk and the cost of all tax-exempt
n’s National Commission on Fiscal Responsibility and Reform, also called
Bowles, recommended a tax reform plan which would end the tax exemption for newly-
so known as Domenici-Rivlin,
introduced the Bipartisan Tax Fairness and
bonds and a tax credit.
has proposed a tax reform plan which would repeal the program
exempt bonds for economic development purposes.
raising options which includes
a proposal to replace the tax exemption of municipal bonds with a direct subsidy for issuers.
the difference in the rate of earnings that local governments would
tive buyers of their taxable bonds would depend on the market, but may be roughly
1.35 percent more for those offerings. On $10 million borrowed, this would likely cost $1,660,000 over a
threaten the tax exemption on state and
Attachment number 1 \nPage 14 of 27
Item # 24
FEDERAL ISSUE: Sales-Tax Legislation
BACKGROUND; HOW IT MAY AFFECT
only required to collect sales tax in states where they have brick
to consumers to report to state tax departments any sales taxes they owe for online purchases. Often,
consumers do not report those purchases when completing their tax returns. As a result, local retailers are
at a competitive disadvantage because they must collect sales taxes while out
many large online and catalog retailers,
local sales taxes. Consumers are left with the confusing yet legal responsibility to report the sales taxes
owed on online purchases on their tax returns.
The current sales tax system is perceived as being unfair to brick
residents, including local stores as well as national chains like Best Buy or Home Depot. It is also a drain
on local government revenues. In 2012, uncollected sales tax is estima
billion nationwide.
To correct this inequity, legislation
as having the best chance of becoming law. The bipartisan legislation
and for the first time had the backing of some major online retailers such as Amazon.com. In the House,
similar, bipartisan legislation also gained traction with 5
both pieces of legislation exempted
from the requirement to collect the tax.
Local, state, and national business groups, such as the Florida Chamber of Commerce, Associated
Industries of Florida, Florida TaxWatch, Flori
favor of these types of bills.
This bill has been reintroduced in the
support with 22 cosponsors in the Senate and
Crenshaw, Deutch, Ross, and Diaz-Balart. Legislation of this type
spending reduction or tax reform measure in the 113
RECOMMENDED POSITION: Support
sales to collect and remit the associated taxes.
NOTES:
Page 10
Tax Legislation
BACKGROUND; HOW IT MAY AFFECT THE CITY OF CLEARWATER: Currently, retailers are
only required to collect sales tax in states where they have brick-and-mortar stores. The burden then falls
to consumers to report to state tax departments any sales taxes they owe for online purchases. Often,
nsumers do not report those purchases when completing their tax returns. As a result, local retailers are
at a competitive disadvantage because they must collect sales taxes while out-of-state retailers, including
many large online and catalog retailers, in effect give their customers a discount by collecting no state or
local sales taxes. Consumers are left with the confusing yet legal responsibility to report the sales taxes
owed on online purchases on their tax returns.
perceived as being unfair to brick-and-mortar retailers that employ local
residents, including local stores as well as national chains like Best Buy or Home Depot. It is also a drain
on local government revenues. In 2012, uncollected sales tax is estimated to cost local governments $23
was introduced in the Senate during the 112th Congress and
as having the best chance of becoming law. The bipartisan legislation was cosponsored by 19 Se
the backing of some major online retailers such as Amazon.com. In the House,
also gained traction with 56 cosponsors. To protect small, online retailers,
sellers who make less than $500,000 in total remote sales to qualify
from the requirement to collect the tax.
Local, state, and national business groups, such as the Florida Chamber of Commerce, Associated
Industries of Florida, Florida TaxWatch, Florida Retail Federation, and Amazon.com have spoken out in
been reintroduced in the House and Senate in the 113th Congress, and already has significant
cosponsors in the Senate and 42 cosponsors in the House, including Florida Reps.
Balart. Legislation of this type could be also wrapped up into a future
spending reduction or tax reform measure in the 113th Congress.
Support legislation that requires companies making catalog and internet
sales to collect and remit the associated taxes.
Currently, retailers are
mortar stores. The burden then falls
to consumers to report to state tax departments any sales taxes they owe for online purchases. Often,
nsumers do not report those purchases when completing their tax returns. As a result, local retailers are
state retailers, including
in effect give their customers a discount by collecting no state or
local sales taxes. Consumers are left with the confusing yet legal responsibility to report the sales taxes
mortar retailers that employ local
residents, including local stores as well as national chains like Best Buy or Home Depot. It is also a drain
ted to cost local governments $23
Congress and was seen
cosponsored by 19 Senators,
the backing of some major online retailers such as Amazon.com. In the House,
cosponsors. To protect small, online retailers,
remote sales to qualify
Local, state, and national business groups, such as the Florida Chamber of Commerce, Associated
da Retail Federation, and Amazon.com have spoken out in
Congress, and already has significant
the House, including Florida Reps.
wrapped up into a future
equires companies making catalog and internet
Attachment number 1 \nPage 15 of 27
Item # 24
FEDERAL ISSUE: Transient Occupancy Taxes
BACKGROUND; HOW IT MAY AFFECT
attempts were made by senior Senators to insert language into various pieces of legislation that would
have exempted online travel brokers (Expedia, Travelocity, etc.) from remitting the full bed tax rate
collected from consumers to the appropri
were to pay $60 for a room in the City of Clearwater
would be able to, under the proposal, only remit $6 dollars to the local government in
10 percent bed tax for illustrative purposes).
In late 2009, 17 Florida counties, including Pinellas,
companies alleging that the companies
development tax ordinances. During 2012, there were several Florida State Circuit Court cases that ruled
in favor of the online travel brokers. Two cited that Florida law is not clear on the issue, while a Circuit
Court Judge ruled more directly in July that the
discounted rates they paid for the rooms.
In Fiscal Year 2012, Pinellas County collected
is used to support the tourism industry in our region.
Aquarium have suggested using a portion of the transient occupancy tax that currently goes toward
paying the debt on Tropicana Field for the proposed Clearwater Marine Aquarium, once it sunsets in
2016. This “stadium tax” alone generates nearly $5.5 million per year in revenue. Given the importance
of this project to the City of Clearwater,
revenue source and the need to ensure it is not constrained by detrimental legislation.
RECOMMENDED POSITION: Oppose
taxes on the full room rate paid by the consumer, thereby costing
collect the appropriate Transient Occupancy Taxes from visitors to the region.
NOTES:
Page 11
Transient Occupancy Taxes
BACKGROUND; HOW IT MAY AFFECT THE CITY OF CLEARWATER: In the 111
attempts were made by senior Senators to insert language into various pieces of legislation that would
have exempted online travel brokers (Expedia, Travelocity, etc.) from remitting the full bed tax rate
collected from consumers to the appropriate local government. For instance, if an online travel broker
the City of Clearwater and then sell that room to a consumer for $100, they
would be able to, under the proposal, only remit $6 dollars to the local government instead of $10 (using a
10 percent bed tax for illustrative purposes).
, including Pinellas, filed an action against a number of online travel
the companies have failed to collect and/or pay taxes under the
During 2012, there were several Florida State Circuit Court cases that ruled
. Two cited that Florida law is not clear on the issue, while a Circuit
led more directly in July that the online travel broker only owes local tourist taxes on the
discounted rates they paid for the rooms.
County collected a record $27.1 million in transient occupancy taxes, which
is used to support the tourism industry in our region. Recently, officials with the Clearwater Marine
Aquarium have suggested using a portion of the transient occupancy tax that currently goes toward
Tropicana Field for the proposed Clearwater Marine Aquarium, once it sunsets in
2016. This “stadium tax” alone generates nearly $5.5 million per year in revenue. Given the importance
arwater, and this level of funding, underscores the significance
revenue source and the need to ensure it is not constrained by detrimental legislation.
Oppose legislation that would exempt online travel brokers from paying
y the consumer, thereby costing Pinellas County the opportunity to
collect the appropriate Transient Occupancy Taxes from visitors to the region.
In the 111th Congress,
attempts were made by senior Senators to insert language into various pieces of legislation that would
have exempted online travel brokers (Expedia, Travelocity, etc.) from remitting the full bed tax rate
an online travel broker
and then sell that room to a consumer for $100, they
stead of $10 (using a
an action against a number of online travel
er the respective tourist
During 2012, there were several Florida State Circuit Court cases that ruled
. Two cited that Florida law is not clear on the issue, while a Circuit
local tourist taxes on the
in transient occupancy taxes, which
the Clearwater Marine
Aquarium have suggested using a portion of the transient occupancy tax that currently goes toward
Tropicana Field for the proposed Clearwater Marine Aquarium, once it sunsets in
2016. This “stadium tax” alone generates nearly $5.5 million per year in revenue. Given the importance
significance of this
travel brokers from paying
County the opportunity to
Attachment number 1 \nPage 16 of 27
Item # 24
FEDERAL ISSUE: Economic Development Administration
BACKGROUND; HOW IT MAY AFFECT
Development Administration (EDA) is primarily a granting agency that funds economic development
projects throughout the country. Successful projects usually leverage roughly 200 new jobs and $24
million in private investment for every $1 million of EDA investment.
The City of Clearwater has identifie
with the highest growth potential. The City recently entered into an agreement
Innovation Center to create and implement a “Virtual Incubator Program
and learning opportunities to help foster
offer all of the benefits of the traditional “bricks and mortar” incuba
Should this prove to be a successful endeavor,
location space and partially transition th
The President’s Deficit Commission, as well as more recent Congressional proposals, has proposed the
elimination of EDA, as its mission is seen as duplicative by some. In June 2012
the “Economic Development Revitalization Act,” which would have reauthorized the Economic
Development Administration (EDA) through 2015. EDA’s authorization expired in September 2008, but
funding via the appropriations process has kept it functioning without an authori
reauthorizing EDA, the Senate legislation would increase the authorized funding for the program from
$300 to $500 million annually. Despite the failure to pass the legislation, the EDA will continue to
operate through the annual appropriations process if provided sufficient funding by Congress.
In Fiscal Year (FY) 2011, Congress provi
$257 million in funding. For FY 2013, Congress ultimately provided $221 million for the ED
includes $184 million for Economic Development Assistance Programs
RECOMMENDED POSITION: Support
Administration. Support City of Clearwater
NOTES:
Page 12
omic Development Administration
HOW IT MAY AFFECT THE CITY OF CLEARWATER: The Economic
Development Administration (EDA) is primarily a granting agency that funds economic development
ojects throughout the country. Successful projects usually leverage roughly 200 new jobs and $24
ion in private investment for every $1 million of EDA investment.
identified information technology and software as one of its
. The City recently entered into an agreement with the Tampa Bay
Innovation Center to create and implement a “Virtual Incubator Program,” which will offer mentoring
and learning opportunities to help foster and grow this promising industry in Clearwater. It
aditional “bricks and mortar” incubator, but without a physical location.
Should this prove to be a successful endeavor, it may be possible to work with the EDA to
transition the City’s program to a more traditional business
The President’s Deficit Commission, as well as more recent Congressional proposals, has proposed the
elimination of EDA, as its mission is seen as duplicative by some. In June 2012, the Senate failed to pass
Development Revitalization Act,” which would have reauthorized the Economic
Development Administration (EDA) through 2015. EDA’s authorization expired in September 2008, but
funding via the appropriations process has kept it functioning without an authorization. In addition to
reauthorizing EDA, the Senate legislation would increase the authorized funding for the program from
$300 to $500 million annually. Despite the failure to pass the legislation, the EDA will continue to
propriations process if provided sufficient funding by Congress.
In Fiscal Year (FY) 2011, Congress provided $283 million for the EDA, and in FY 2012
$257 million in funding. For FY 2013, Congress ultimately provided $221 million for the ED
includes $184 million for Economic Development Assistance Programs.
Support continued funding of the Economic Development
City of Clearwater grant applications through the program.
The Economic
Development Administration (EDA) is primarily a granting agency that funds economic development
ojects throughout the country. Successful projects usually leverage roughly 200 new jobs and $24
industry clusters
with the Tampa Bay
” which will offer mentoring
and grow this promising industry in Clearwater. It is expected to
tor, but without a physical location.
work with the EDA to fund co-
business incubator model.
The President’s Deficit Commission, as well as more recent Congressional proposals, has proposed the
the Senate failed to pass
Development Revitalization Act,” which would have reauthorized the Economic
Development Administration (EDA) through 2015. EDA’s authorization expired in September 2008, but
zation. In addition to
reauthorizing EDA, the Senate legislation would increase the authorized funding for the program from
$300 to $500 million annually. Despite the failure to pass the legislation, the EDA will continue to
propriations process if provided sufficient funding by Congress.
n FY 2012 they provided
$257 million in funding. For FY 2013, Congress ultimately provided $221 million for the EDA, which
omic Development
Attachment number 1 \nPage 17 of 27
Item # 24
FEDERAL ISSUE: Department of Housing and Urban Development
BACKGROUND; HOW IT MAY AFFECT
receives direct allocations of funding from two Department of Housing and Urban Development (
formula programs: the HOME Investment Partnership
Grants (CDBG).
HOME funds are designed to create affordable housing for low
annually as formula grants to participating jurisd
establishes HOME Investment Trust Funds for each grantee, providing a line of credit that the jurisdiction
may draw upon as needed. The program allows local governments to use HOME funds for grants, direct
loans, loan guarantees or other forms of credit enhancement, or rental assistance or security deposits.
CDBG is a flexible grant program that provides communities with Federal funding to address a wide
range of unique community development needs. The CDBG
formula basis to units of local government and
In Fiscal Year (FY) 2012, HOME was reduced by 38 percent, from $1.6 billion in
in 2012. In FY 2011, the City of Clearwater
City received a significant 40 percent reduction to
Similarly, CDBG funding was cut by nearly 12 percent, from $3.3 billion in
FY 2012. In FY 2011, the City of Clearwater
received a 14 percent reduction to $719,955
each community as well as changes to the type of data they use
For FY 2013, the CDBG formula program will
FY 2012 due to the fact that it includes $300 million in funding that was removed from the CDBG
program to be put toward emergency supplemental bill for Superstorm Sandy recovery. The
program will see a cut of $50 million
RECOMMENDED POSITION: Support
the Community Development Block Grants and the HOME Investment Partnerships p
their critical role in the City’s overall
NOTES:
Page 13
Department of Housing and Urban Development Formula Programs
BACKGROUND; HOW IT MAY AFFECT THE CITY OF CLEARWATER: The City of Clearwater
direct allocations of funding from two Department of Housing and Urban Development (
formula programs: the HOME Investment Partnerships (HOME) and Community Development Block
HOME funds are designed to create affordable housing for low-income households and are awarded
annually as formula grants to participating jurisdictions, including the City of Clearwater
establishes HOME Investment Trust Funds for each grantee, providing a line of credit that the jurisdiction
may draw upon as needed. The program allows local governments to use HOME funds for grants, direct
oans, loan guarantees or other forms of credit enhancement, or rental assistance or security deposits.
program that provides communities with Federal funding to address a wide
range of unique community development needs. The CDBG program provides annual grants on a
formula basis to units of local government and states, including the City of Clearwater.
2012, HOME was reduced by 38 percent, from $1.6 billion in FY 2011 to $1 billion
City of Clearwater received $500,323 in HOME funding, while in
a significant 40 percent reduction to $301,560.
Similarly, CDBG funding was cut by nearly 12 percent, from $3.3 billion in FY 2011 to $2.948 billion in
the City of Clearwater received a total of $838,241, while in FY
$719,955. HUD explains that this is due to changing demographics in
each community as well as changes to the type of data they use to make their funding decisions.
formula program will be funded at $3.1 billion. This is a small increase from
FY 2012 due to the fact that it includes $300 million in funding that was removed from the CDBG
program to be put toward emergency supplemental bill for Superstorm Sandy recovery. The
lion from FY 2012 to $950 million for FY 2013.
Support at continued adequate funding for future fiscal years
Community Development Block Grants and the HOME Investment Partnerships program
overall efforts to support those that are least fortunate.
Formula Programs
The City of Clearwater
direct allocations of funding from two Department of Housing and Urban Development (HUD)
(HOME) and Community Development Block
income households and are awarded
the City of Clearwater. HUD
establishes HOME Investment Trust Funds for each grantee, providing a line of credit that the jurisdiction
may draw upon as needed. The program allows local governments to use HOME funds for grants, direct
oans, loan guarantees or other forms of credit enhancement, or rental assistance or security deposits.
program that provides communities with Federal funding to address a wide
program provides annual grants on a
2011 to $1 billion
, while in FY 2012, the
2011 to $2.948 billion in
FY 2012, the City
HUD explains that this is due to changing demographics in
to make their funding decisions.
. This is a small increase from
FY 2012 due to the fact that it includes $300 million in funding that was removed from the CDBG
program to be put toward emergency supplemental bill for Superstorm Sandy recovery. The HOME
for future fiscal years for both
rograms because of
Attachment number 1 \nPage 18 of 27
Item # 24
FEDERAL ISSUE: Supportive Housing for the Elderly
Housing and Urban Development’s
BACKGROUND; HOW IT MAY AFFECT
Development (HUD) Section 202 program helps expand the supply of affordable housing with supportive
services for the elderly by providing interes
finance the development of housing. The capital advance does not have to be repaid as long as the project
serves very low-income elderly persons for 40 years.
The Section 202 program also provides
HUD-approved operating cost for the project and the tenants' contribution towards rent. Project rental
assistance contracts are approved initially for 3 years and are renewable based on
The HUD Section 811 program is authorized to provide funding to develop and subsidize rental housing
with an availability of supportive services for very low
Section 811 program provided interest
developers of affordable housing for persons with disabilities
program. However, in Fiscal Year 2012, Congress
moved toward providing funding for
entered into partnerships with state health and human services and Medicaid agencies
to multifamily housing complexes that provide a range of services for the disabled.
In Pinellas County, the non-profit Boley Centers, Inc. receives
distribute to several housing complexes throughout the County, including
Apartments in Clearwater, which provides housing for disabled veterans.
In Fiscal Year (FY) 2012, the HUD Section 202 program received $374.6 million, and the Section 811
program received $165 million. For FY 2013, b
their FY 2012 levels due to sequestration
additional reductions in future years, particularly as the House
spending.
RECOMMENDED POSITION: Support
of Housing and Urban Development’s
Supportive Housing for Persons with Disabilities Program (S
NOTES:
Page 14
: Supportive Housing for the Elderly and for Persons with Disabilities
t’s Section 202 and 811 Programs
BACKGROUND; HOW IT MAY AFFECT THE CITY OF CLEARWATER: The Housing and Urban
Section 202 program helps expand the supply of affordable housing with supportive
services for the elderly by providing interest-free capital advances to private, nonprofit sponsors to
finance the development of housing. The capital advance does not have to be repaid as long as the project
income elderly persons for 40 years.
The Section 202 program also provides project rental assistance funds to cover the difference between the
approved operating cost for the project and the tenants' contribution towards rent. Project rental
assistance contracts are approved initially for 3 years and are renewable based on the availability of funds.
The HUD Section 811 program is authorized to provide funding to develop and subsidize rental housing
with an availability of supportive services for very low-income adults with disabilities. Traditionally, the
interest-free capital advances and operating subsidies to nonprofit
developers of affordable housing for persons with disabilities, in a similar manner to the Section 202
program. However, in Fiscal Year 2012, Congress chose not to fund these activities, and instead have
for rental assistance. These funds go to state housing agencies
entered into partnerships with state health and human services and Medicaid agencies, and are distributed
that provide a range of services for the disabled.
profit Boley Centers, Inc. receives HUD Section 202 and 811
distribute to several housing complexes throughout the County, including the Jerry Howe Transitional
, which provides housing for disabled veterans.
Fiscal Year (FY) 2012, the HUD Section 202 program received $374.6 million, and the Section 811
For FY 2013, both of these programs will see about a 5
sequestration, to $355.87 and $156.75 respectively. These programs
additional reductions in future years, particularly as the House of Representatives seeks to reduce Federal
Support continued adequate annual Federal funding of the Department
of Housing and Urban Development’s Supportive Housing for the Elderly Program (Section 202), and
Supportive Housing for Persons with Disabilities Program (Section 811).
and for Persons with Disabilities - Department of
: The Housing and Urban
Section 202 program helps expand the supply of affordable housing with supportive
free capital advances to private, nonprofit sponsors to
finance the development of housing. The capital advance does not have to be repaid as long as the project
project rental assistance funds to cover the difference between the
approved operating cost for the project and the tenants' contribution towards rent. Project rental
the availability of funds.
The HUD Section 811 program is authorized to provide funding to develop and subsidize rental housing
Traditionally, the
free capital advances and operating subsidies to nonprofit
, in a similar manner to the Section 202
ctivities, and instead have
to state housing agencies that have
, and are distributed
HUD Section 202 and 811 funding to
Howe Transitional
Fiscal Year (FY) 2012, the HUD Section 202 program received $374.6 million, and the Section 811
5 percent cut from
. These programs may face
ks to reduce Federal
annual Federal funding of the Department
(Section 202), and
Attachment number 1 \nPage 19 of 27
Item # 24
FEDERAL ISSUE: Homeless Assistance
BACKGROUND; HOW IT MAY AFFECT
the McKinney-Vento Homeless Assistance Act
population in the United States. It originally created several
and Urban Development (HUD) that focused on combating the root causes of homelessness.
McKinney-Vento Act has been amended many times, most recently in
signed the Homeless Emergency Assistance and Rapid Transition to Housing (HEARTH) Act
updated and expanded the definition of homelessness and
McKinney-Vento. Under the HEARTH Act,
programs, the Supportive Housing Program
Occupancy (SRO) program, were grouped under
The CoC program provides competitive grant
communities seeking funds to develop
problem of homelessness through a coordinated community
building a system to address them.
not caused merely by a lack of shelter, but involves a variety of underlying, unmet needs
economic, and social.
Under the CoC program, the SHP provide
state to a more stable living situation. The
homeless achieve residential stability, and increase their independence through progr
their skill and/or income levels.
The S+C program provides rental assistance that, when combined with social services, provides
supportive housing for homeless people with disabilities and their families. The program allows for a
variety of housing choices such as group homes or individual units, coupled with a range of supportive
services.
The SRO was created to expand suitable residential opport
accomplished through compensating
improvements made to kitchen and bathroom facilities in eligible SRO
assistance for the residents that occupy those units
Under the HEARTH Act, HUD also
program, which include the following: housing search
repair; provision of security or utility deposits; rental assistance
with moving costs; and/or other activities that help homeless
or would benefit individuals who have moved into permanent
HUD requirement is that established
renewal projects, which are most likely to receive funding, and Tier II renewal projects, wh
dependent on the resources still available and the strength of the CoC’s applicati
Leadership Board (HLB) is the CoC for
The CoC competitive grants are funded in the Homeless Assistance Grants account
Year (FY) 2012, the whole account received $1.901 billion
Tier I renewal projects, from which several HLB CoC projects were funded. This included
Page 15
Homeless Assistance Competitive Grants – Continuum of Care Program
BACKGROUND; HOW IT MAY AFFECT THE CITY OF CLEARWATER: In 1987, Congress passed
Vento Homeless Assistance Act in response to the issue of an increasing homelessness
population in the United States. It originally created several programs within the Department of Housing
and Urban Development (HUD) that focused on combating the root causes of homelessness.
has been amended many times, most recently in 2009, when President Obama
signed the Homeless Emergency Assistance and Rapid Transition to Housing (HEARTH) Act
updated and expanded the definition of homelessness and made changes to existing programs
Under the HEARTH Act, three previously separate HUD homeless assistance
Supportive Housing Program (SHP), Shelter Plus Care program (S+C), and Single Room
grouped under the single umbrella Continuum of Care
competitive grant funding to local governments and non-profits
to develop a Continuum of Care system designed to address the critical
problem of homelessness through a coordinated community-based process of identifying needs and
The approach is predicated on the understanding that homelessness
not caused merely by a lack of shelter, but involves a variety of underlying, unmet needs
provides assistance to help the homeless transition from their current
state to a more stable living situation. The goals of the program are to provide assistance that helps the
achieve residential stability, and increase their independence through programs that
program provides rental assistance that, when combined with social services, provides
supportive housing for homeless people with disabilities and their families. The program allows for a
of housing choices such as group homes or individual units, coupled with a range of supportive
SRO was created to expand suitable residential opportunities for homeless individuals. This has been
compensating owners of eligible SRO residences, for a period of 10 years, for
to kitchen and bathroom facilities in eligible SRO residences, and providing
the residents that occupy those units.
also added 12 new eligible activities for funding under the single
the following: housing search mediation or outreach to property owners; credit
repair; provision of security or utility deposits; rental assistance for a final month at a locat
with moving costs; and/or other activities that help homeless individuals move immediately into housing
or would benefit individuals who have moved into permanent housing in the last 6 months.
quirement is that established CoC’s rank their projects for funding into two categories: Tier I
renewal projects, which are most likely to receive funding, and Tier II renewal projects, wh
dependent on the resources still available and the strength of the CoC’s application. The Homeless
is the CoC for Pinellas County.
The CoC competitive grants are funded in the Homeless Assistance Grants account for HUD and i
the whole account received $1.901 billion. Approximately $1.5 billion went to
, from which several HLB CoC projects were funded. This included
Continuum of Care Program
In 1987, Congress passed
in response to the issue of an increasing homelessness
n the Department of Housing
and Urban Development (HUD) that focused on combating the root causes of homelessness. The
President Obama
signed the Homeless Emergency Assistance and Rapid Transition to Housing (HEARTH) Act, which
programs under
assistance
and Single Room
Continuum of Care (CoC) program.
profits, and requires
a Continuum of Care system designed to address the critical
based process of identifying needs and
on the understanding that homelessness is
not caused merely by a lack of shelter, but involves a variety of underlying, unmet needs - physical,
assistance to help the homeless transition from their current
goals of the program are to provide assistance that helps the
ams that increase
program provides rental assistance that, when combined with social services, provides
supportive housing for homeless people with disabilities and their families. The program allows for a
of housing choices such as group homes or individual units, coupled with a range of supportive
unities for homeless individuals. This has been
eligible SRO residences, for a period of 10 years, for
providing rental
the single CoC
mediation or outreach to property owners; credit
for a final month at a location; assistance
individuals move immediately into housing
housing in the last 6 months. Another new
CoC’s rank their projects for funding into two categories: Tier I
renewal projects, which are most likely to receive funding, and Tier II renewal projects, whose funding is
on. The Homeless
for HUD and in Fiscal
pproximately $1.5 billion went to CoC
, from which several HLB CoC projects were funded. This included $166,740 to
Attachment number 1 \nPage 20 of 27
Item # 24
renew two CoC projects in the City: Baty Villas, which provides permanent supportive housing with 16
single-family units, and Carlton Home,
including veterans. FY 2012 Tier II
but the Haven of RCS (Religious Community Services),
domestic violence and their families
For FY 2013, the amount for to the Homeless Assistance
due to an anomaly, or an exception,
RECOMMENDED POSITION: Support
and Urban Development Homeless Assistance Grants, particularly for the Continuum of Care Program.
NOTES:
Page 16
: Baty Villas, which provides permanent supportive housing with 16
and Carlton Home, which provides long-term group living for 8 single adults,
Tier II projects had not been announced as of the completion of this agenda,
but the Haven of RCS (Religious Community Services), which offers transitional housing to
domestic violence and their families, could also ultimately receive funding.
to the Homeless Assistance Grant account was increased to $
due to an anomaly, or an exception, in the Continuing Resolution.
Support continued adequate annual funding for Department of Housing
and Urban Development Homeless Assistance Grants, particularly for the Continuum of Care Program.
: Baty Villas, which provides permanent supportive housing with 16
ngle adults,
projects had not been announced as of the completion of this agenda,
transitional housing to victims of
to $1.931 billion
annual funding for Department of Housing
and Urban Development Homeless Assistance Grants, particularly for the Continuum of Care Program.
Attachment number 1 \nPage 21 of 27
Item # 24
FEDERAL ISSUE: Offshore Energy Exploration
BACKGROUND; HOW IT MAY AFFECT
drilling currently occurs in both the western and central Gulf of Mexico. However, nearly the entire
eastern Gulf is protected from drilling unti
(GOMESA).
In the 112th Congress, the House of Representatives voted to dramatically expand offshore oil drilling in
an effort to lower gas prices and increase domestic revenue.
of legislation that would reverse all current oil moratoriums
oil projects that were rejected after the Deepwater Horizon spill
Continental Shelf that is currently unavailable to lease available for drilling, including the eastern Gulf o
Mexico and the Atlantic Coast. Similar legislation was introduced in the Senate, but it failed to receive
the necessary votes to be considered.
In November of 2011, the Administration proposed its Outer Continental Shelf (OCS) Oil and Gas
Leasing Program for 2012-2017. Within the program, the Administration proposes to lease two new
areas in the eastern Gulf of Mexico (among other areas of the Gulf and near Alaska). T
proposed for lease in the eastern Gulf are south of the coast of Florida and are as far west as you can get
without being in the central Gulf. There are already active leases near the two new areas. These are the
only parts of the eastern Gulf that are not protected by GOMESA.
In response to the plan, 180 members of Congress from both political parties sent a letter to the
Administration asking that they open up more areas of the OCS to drilling, including additional areas in
the eastern Gulf. Four members of the Florida House delegation signed the letter. If this policy was
accepted, it could open the door for an expansion of drilling
RECOMMENDED POSITION: Monitor
Florida’s Federal waters.
NOTES:
Page 17
: Offshore Energy Exploration
BACKGROUND; HOW IT MAY AFFECT THE CITY OF CLEARWATER: Active offshore
drilling currently occurs in both the western and central Gulf of Mexico. However, nearly the entire
eastern Gulf is protected from drilling until 2022 by the Gulf of Mexico Energy Security Act of 2006
Congress, the House of Representatives voted to dramatically expand offshore oil drilling in
an effort to lower gas prices and increase domestic revenue. Specifically, the House passed three pieces
rse all current oil moratoriums, require the Department of Interior to revisit
ter the Deepwater Horizon spill, and make acreage of the Outer
s currently unavailable to lease available for drilling, including the eastern Gulf o
. Similar legislation was introduced in the Senate, but it failed to receive
the necessary votes to be considered.
e Administration proposed its Outer Continental Shelf (OCS) Oil and Gas
2017. Within the program, the Administration proposes to lease two new
areas in the eastern Gulf of Mexico (among other areas of the Gulf and near Alaska). T
proposed for lease in the eastern Gulf are south of the coast of Florida and are as far west as you can get
without being in the central Gulf. There are already active leases near the two new areas. These are the
lf that are not protected by GOMESA.
In response to the plan, 180 members of Congress from both political parties sent a letter to the
Administration asking that they open up more areas of the OCS to drilling, including additional areas in
f. Four members of the Florida House delegation signed the letter. If this policy was
accepted, it could open the door for an expansion of drilling in the eastern Gulf.
Monitor the potential expansion of offshore energy exploration in
offshore energy
drilling currently occurs in both the western and central Gulf of Mexico. However, nearly the entire
co Energy Security Act of 2006
Congress, the House of Representatives voted to dramatically expand offshore oil drilling in
House passed three pieces
, require the Department of Interior to revisit
, and make acreage of the Outer
s currently unavailable to lease available for drilling, including the eastern Gulf of
. Similar legislation was introduced in the Senate, but it failed to receive
e Administration proposed its Outer Continental Shelf (OCS) Oil and Gas
2017. Within the program, the Administration proposes to lease two new
areas in the eastern Gulf of Mexico (among other areas of the Gulf and near Alaska). The two areas
proposed for lease in the eastern Gulf are south of the coast of Florida and are as far west as you can get
without being in the central Gulf. There are already active leases near the two new areas. These are the
In response to the plan, 180 members of Congress from both political parties sent a letter to the
Administration asking that they open up more areas of the OCS to drilling, including additional areas in
f. Four members of the Florida House delegation signed the letter. If this policy was
exploration in
Attachment number 1 \nPage 22 of 27
Item # 24
FEDERAL ISSUE: Environmental Protection Agency
BACKGROUND; HOW IT MAY AFFECT
Protection Agency (EPA) administers a cleanup program to provide financial assistance to state, local,
and tribal governmental entities for certain types of
“brownfields.” Sites eligible for this assistance tend to be where the known or suspected presence of
contamination may present an impediment to economic development, but where the risks generally are
not high enough for the site to be addressed under the Superfund program or other rela
authorities. The brownfields program focuses on providing Federal financial assistance for “orphan” sites
at which the potential need for cleanup remains unaddressed. EPA’s brownfields program awards two
different categories of grants: one com
eligible for the former of the two.
Clearwater’s Brownfields Area (CBA) covers 1,842 acres and includes
over 7,000 properties. Over 125 of these sites hav
from less than one acre to over 40 acres. The CBA economic development potential has greatly decreased
over the past 30 years. Private disinvestment combined with environmental decline has left an indel
mark on the area, characterized by business and job loss
abandoned lands tainted by former gas stations, dry cleaning facilities, print shops, and other similar uses.
As a result of crime, distress, and econ
Justice Operation Weed & Seed site
Historically Underutilized Business Zone (HUBZone) by the U.S. Small Business Administration
The City of Clearwater has implemented one of the most successful
having completed over 100 assessment projects,
environmental issues that need to be addressed
contaminated sites in the CBA that may require env
funding for these and previously assessed
In Fiscal Year (FY) 2012, Congress provided the EPA with $144.1 million for their brownfields grant
programs. Of that amount, a little more than $94 million was available via the Section 104(k) competitive
grant program. In the two fiscal years prior to FY 2012, fun
overall and the competitive grant programs.
In FY 2013, the Congress funded the program at FY 2012 level
was reduced by 5 percent to $133.86 million
to the Section 104(k) competitive grant program.
Within the competitive grant program, the EPA offers assessment, cleanup, and revolving loan fund
grants. An eligible entity may apply for up to $200,000 per site. In
a need to obtain additional cleanup funding for various sites.
$200,000 of Federal funding per project
To facilitate site remediation and reuse, the funding maximum should be
resources to remediate orphan brownfield sites.
In the 113th Congress, Senators Frank Lautenberg (NJ), James Inhofe
Mike Crapo (ID) introduced the Brownfields Utilization, Investment, and Local Development (BUILD)
Act of 2013 to reauthorize the brownfields program through 2015. The bill would maintain the current
Page 18
Environmental Protection Agency’s Brownfields Program
BACKGROUND; HOW IT MAY AFFECT THE CITY OF CLEARWATER: The Environmental
Protection Agency (EPA) administers a cleanup program to provide financial assistance to state, local,
and tribal governmental entities for certain types of contaminated industrial sites, referred to as
or this assistance tend to be where the known or suspected presence of
contamination may present an impediment to economic development, but where the risks generally are
not high enough for the site to be addressed under the Superfund program or other related cleanup
authorities. The brownfields program focuses on providing Federal financial assistance for “orphan” sites
at which the potential need for cleanup remains unaddressed. EPA’s brownfields program awards two
different categories of grants: one competitive and one formula-based. The City of Clearwater is only
Clearwater’s Brownfields Area (CBA) covers 1,842 acres and includes over 250 regulatory listed sites in
Over 125 of these sites have reported contamination. These sites range in size
from less than one acre to over 40 acres. The CBA economic development potential has greatly decreased
Private disinvestment combined with environmental decline has left an indel
mark on the area, characterized by business and job loss, impacting the CBA by leaving a legacy of
abandoned lands tainted by former gas stations, dry cleaning facilities, print shops, and other similar uses.
As a result of crime, distress, and economic deterioration, the CBA was designated a U.S. Department of
Justice Operation Weed & Seed site in 1996, and a portion of the area has also been designated
Historically Underutilized Business Zone (HUBZone) by the U.S. Small Business Administration
implemented one of the most successful brownfields programs in the country,
having completed over 100 assessment projects, but continues to have significant health, welfare, and
to be addressed. Clearwater has identified more than 125 additional
that may require environmental assessment. The City will need Federal
these and previously assessed sites to complete reuse planning and cleanup.
ar (FY) 2012, Congress provided the EPA with $144.1 million for their brownfields grant
programs. Of that amount, a little more than $94 million was available via the Section 104(k) competitive
grant program. In the two fiscal years prior to FY 2012, funding was relatively similar for both the
overall and the competitive grant programs.
funded the program at FY 2012 levels, but due to sequestration
to $133.86 million for the overall program, with just over $89 million
to the Section 104(k) competitive grant program.
Within the competitive grant program, the EPA offers assessment, cleanup, and revolving loan fund
grants. An eligible entity may apply for up to $200,000 per site. In the near future, Clearwater
nup funding for various sites. Unfortunately, the current
of Federal funding per project is extremely restrictive, as many site cleanups exceed $1
site remediation and reuse, the funding maximum should be increased to allow
orphan brownfield sites.
Congress, Senators Frank Lautenberg (NJ), James Inhofe (OK), Tom Udall (NM), and
Crapo (ID) introduced the Brownfields Utilization, Investment, and Local Development (BUILD)
Act of 2013 to reauthorize the brownfields program through 2015. The bill would maintain the current
: The Environmental
Protection Agency (EPA) administers a cleanup program to provide financial assistance to state, local,
sites, referred to as
or this assistance tend to be where the known or suspected presence of
contamination may present an impediment to economic development, but where the risks generally are
ted cleanup
authorities. The brownfields program focuses on providing Federal financial assistance for “orphan” sites
at which the potential need for cleanup remains unaddressed. EPA’s brownfields program awards two
based. The City of Clearwater is only
regulatory listed sites in
These sites range in size
from less than one acre to over 40 acres. The CBA economic development potential has greatly decreased
Private disinvestment combined with environmental decline has left an indelible
impacting the CBA by leaving a legacy of
abandoned lands tainted by former gas stations, dry cleaning facilities, print shops, and other similar uses.
U.S. Department of
has also been designated an
Historically Underutilized Business Zone (HUBZone) by the U.S. Small Business Administration.
rownfields programs in the country,
to have significant health, welfare, and
more than 125 additional
assessment. The City will need Federal
ar (FY) 2012, Congress provided the EPA with $144.1 million for their brownfields grant
programs. Of that amount, a little more than $94 million was available via the Section 104(k) competitive
ding was relatively similar for both the
, but due to sequestration, each program
just over $89 million allocated
Within the competitive grant program, the EPA offers assessment, cleanup, and revolving loan fund
Clearwater may have
Unfortunately, the current limitation of
, as many site cleanups exceed $1 million.
increased to allow for necessary
OK), Tom Udall (NM), and
Crapo (ID) introduced the Brownfields Utilization, Investment, and Local Development (BUILD)
Act of 2013 to reauthorize the brownfields program through 2015. The bill would maintain the current
Attachment number 1 \nPage 23 of 27
Item # 24
authorization level of $250 million per year, and provide
This would be accomplished through several changes, including increasing the previously mentioned
$200,000 funding limit per project to $500,000, while providing the EPA the discretion to raise the limit
to $650,000 if necessary, and providing for the creation of multipurpose grants, allowing local
governments to obtain up to $950,000 to do site inventory, assessments, planning, or
more brownfields sites.
RECOMMENDED POSITION: Support
Protection Agency’s brownfields program, including at least $90 million for the Section 104(k)
competitive grant program. Support
brownfields program.
NOTES:
Page 19
authorization level of $250 million per year, and provide greater flexibility and fix issues in current law.
This would be accomplished through several changes, including increasing the previously mentioned
$200,000 funding limit per project to $500,000, while providing the EPA the discretion to raise the limit
and providing for the creation of multipurpose grants, allowing local
governments to obtain up to $950,000 to do site inventory, assessments, planning, or cleanup
Support continued adequate annual funding for the Environmental
rownfields program, including at least $90 million for the Section 104(k)
Support legislation to reauthorize the Environmental Protection Agency’s
greater flexibility and fix issues in current law.
This would be accomplished through several changes, including increasing the previously mentioned
$200,000 funding limit per project to $500,000, while providing the EPA the discretion to raise the limit
and providing for the creation of multipurpose grants, allowing local
cleanup for one or
Environmental
rownfields program, including at least $90 million for the Section 104(k)
legislation to reauthorize the Environmental Protection Agency’s
Attachment number 1 \nPage 24 of 27
Item # 24
FEDERAL ISSUE: Land and Water Conservation Fund
BACKGROUND; HOW IT MAY AFFECT
Conservation Fund (LWCF) Act of 1965 was enacted to help preserve, develop, and assure
outdoor recreation facilities for our nation. The law created the Land and Water Conservation Fund in the
U.S. Treasury as a funding source to implement outdoor recreation goals.
The LWCF has been the principal source of monies for land acquisi
Federal agencies—the National Park Service, Bureau of Land Management, Fish and Wildlife Service,
and Forest Service. The LWCF also funds a matching grant program via the National Park Service to
assist states (and local governments as sub
outdoor recreational facilities. A portion of the appropriation is divided equally among the states, with
the remainder apportioned based on need, as determined by the Secreta
award their grant money through a competitive selection process based on statewide recreation plans and
establish their own priorities and criteria. Finally, beginning in Fiscal Year (FY) 1998, LWCF has been
used to fund other federal programs with related purposes.
The LWCF is authorized at $900 million annually. While the fund accrues revenues and collections from
multiple sources, nearly all of the revenues are derived from oil and gas leasing in the Outer Continental
Shelf. Congress determines the level of appropriations each year, and yearly appropriations have
fluctuated widely since the origin of the program.
Of the total revenues that have accrued throughout the history of the program ($33.5 billion), less than
half have been appropriated ($15.8 billion). FY 2001 marked the highest funding ever, with
appropriations exceeding the authorized level by reaching nearly $1 billion. In FY 2002, Congress
provided the most LWCF funding of the past twenty years for the sta
However, this has trended downward over the past decade. For FY 2011, the appropriation was $300.5
million. Within the FY 2011 appropriation, $177 was provided for land acquisition, $40 million for the
state grant program, and $84 million for other programs. In FY 2012, Congress provided $45 million for
the state grant program. Florida received nearly
Clearwater. Congress funded the state grants program
about 5 percent due to sequestration to
likely be reduced by about 5 percent
RECOMMENDED POSITION: Support
Conservation Fund, including at least $100 million for the state grant program.
NOTES:
Page 20
Land and Water Conservation Fund
BACKGROUND; HOW IT MAY AFFECT THE CITY OF CLEARWATER: The Land and Water
Conservation Fund (LWCF) Act of 1965 was enacted to help preserve, develop, and assure
outdoor recreation facilities for our nation. The law created the Land and Water Conservation Fund in the
U.S. Treasury as a funding source to implement outdoor recreation goals.
The LWCF has been the principal source of monies for land acquisition for outdoor recreation by four
the National Park Service, Bureau of Land Management, Fish and Wildlife Service,
and Forest Service. The LWCF also funds a matching grant program via the National Park Service to
l governments as sub-recipients) in acquiring recreational lands and developing
outdoor recreational facilities. A portion of the appropriation is divided equally among the states, with
the remainder apportioned based on need, as determined by the Secretary of the Interior. The states
award their grant money through a competitive selection process based on statewide recreation plans and
establish their own priorities and criteria. Finally, beginning in Fiscal Year (FY) 1998, LWCF has been
her federal programs with related purposes.
The LWCF is authorized at $900 million annually. While the fund accrues revenues and collections from
multiple sources, nearly all of the revenues are derived from oil and gas leasing in the Outer Continental
helf. Congress determines the level of appropriations each year, and yearly appropriations have
fluctuated widely since the origin of the program.
Of the total revenues that have accrued throughout the history of the program ($33.5 billion), less than
lf have been appropriated ($15.8 billion). FY 2001 marked the highest funding ever, with
appropriations exceeding the authorized level by reaching nearly $1 billion. In FY 2002, Congress
provided the most LWCF funding of the past twenty years for the state grant program: $144 million.
However, this has trended downward over the past decade. For FY 2011, the appropriation was $300.5
million. Within the FY 2011 appropriation, $177 was provided for land acquisition, $40 million for the
, and $84 million for other programs. In FY 2012, Congress provided $45 million for
received nearly $2 million to provide to applicants like the City of
the state grants program for FY 2013 at FY 2012 levels with a reduction of
sequestration to about $42.75 million, so the amount Florida will receive will
percent as well.
Support a $900 million annual appropriation from the Land and Water
Conservation Fund, including at least $100 million for the state grant program.
: The Land and Water
Conservation Fund (LWCF) Act of 1965 was enacted to help preserve, develop, and assure access to
outdoor recreation facilities for our nation. The law created the Land and Water Conservation Fund in the
tion for outdoor recreation by four
the National Park Service, Bureau of Land Management, Fish and Wildlife Service,
and Forest Service. The LWCF also funds a matching grant program via the National Park Service to
recipients) in acquiring recreational lands and developing
outdoor recreational facilities. A portion of the appropriation is divided equally among the states, with
ry of the Interior. The states
award their grant money through a competitive selection process based on statewide recreation plans and
establish their own priorities and criteria. Finally, beginning in Fiscal Year (FY) 1998, LWCF has been
The LWCF is authorized at $900 million annually. While the fund accrues revenues and collections from
multiple sources, nearly all of the revenues are derived from oil and gas leasing in the Outer Continental
helf. Congress determines the level of appropriations each year, and yearly appropriations have
Of the total revenues that have accrued throughout the history of the program ($33.5 billion), less than
lf have been appropriated ($15.8 billion). FY 2001 marked the highest funding ever, with
appropriations exceeding the authorized level by reaching nearly $1 billion. In FY 2002, Congress
te grant program: $144 million.
However, this has trended downward over the past decade. For FY 2011, the appropriation was $300.5
million. Within the FY 2011 appropriation, $177 was provided for land acquisition, $40 million for the
, and $84 million for other programs. In FY 2012, Congress provided $45 million for
to provide to applicants like the City of
with a reduction of
, so the amount Florida will receive will
rom the Land and Water
Attachment number 1 \nPage 25 of 27
Item # 24
FEDERAL ISSUE: Public Pension Reform
BACKGROUND; HOW IT MAY AFFECT
Public Employee Pension Transparency Act
public pensions are significantly underfunded and are aiming to ensure what, in their opinion, will be
more realistic asset projections compared with expected liabilities.
Specifically, the legislation would require additional reporting of assets and liabilities and more
significantly, require that assets in a public plan such as the
projected to grow at the rate of Treasury securities in
stock market indices, thereby greatly increasing plan liabilities. This might require projected growth rates
of less than 1 percent annually instead of growth rates of 7.75 percent, which is what the F
Retirement System used between 2009 and 2011. The legislation would also disallow any future federal
bailout of public pension plans, and
disclosure requirements of the bill by removing t
the legislation would likely make local government participation in
would also aim to make them more secure.
In 2012, Sen. Orrin Hatch (UT), the Ranking Member
saying that public pension debt “threatens America” and that “defined benefit pension plans are
inappropriate for state and local governments.” He concluded his report by stating his intention to
introduce a legislative solution in the future.
Rep. Nunes has begun to seek cosponsors for this legislation in the 113
it will also be reintroduced in the Senate.
RECOMMENDED POSITION: Monitor
Public Employee Pension Transparency Act
Pension Fund.
NOTES:
Page 21
: Public Pension Reform
BACKGROUND; HOW IT MAY AFFECT THE CITY OF CLEARWATER: The sponsors of the
Transparency Act (Rep. Nunes of CA and Sen. Burr of NC), have stated that
public pensions are significantly underfunded and are aiming to ensure what, in their opinion, will be
more realistic asset projections compared with expected liabilities.
pecifically, the legislation would require additional reporting of assets and liabilities and more
significantly, require that assets in a public plan such as the Clearwater Employees Pension Fund
projected to grow at the rate of Treasury securities instead of more optimistic projections tied to historic
stock market indices, thereby greatly increasing plan liabilities. This might require projected growth rates
of less than 1 percent annually instead of growth rates of 7.75 percent, which is what the F
Retirement System used between 2009 and 2011. The legislation would also disallow any future federal
, and would penalize local governments that do not comply with the
disclosure requirements of the bill by removing the tax-exemption on their bonding authority.
local government participation in pension plans more
would also aim to make them more secure.
. Orrin Hatch (UT), the Ranking Member of the Senate Finance Committee, released a report
saying that public pension debt “threatens America” and that “defined benefit pension plans are
inappropriate for state and local governments.” He concluded his report by stating his intention to
e a legislative solution in the future.
Rep. Nunes has begun to seek cosponsors for this legislation in the 113th Congress, and it is expected that
it will also be reintroduced in the Senate.
Monitor federal legislative proposals related to public pensions
Public Employee Pension Transparency Act) which could significantly impact the Clearwater Employees
The sponsors of the
, have stated that
public pensions are significantly underfunded and are aiming to ensure what, in their opinion, will be
pecifically, the legislation would require additional reporting of assets and liabilities and more
Clearwater Employees Pension Fund are
stead of more optimistic projections tied to historic
stock market indices, thereby greatly increasing plan liabilities. This might require projected growth rates
of less than 1 percent annually instead of growth rates of 7.75 percent, which is what the Florida
Retirement System used between 2009 and 2011. The legislation would also disallow any future federal
comply with the
exemption on their bonding authority. Ultimately,
expensive, yet it
of the Senate Finance Committee, released a report
saying that public pension debt “threatens America” and that “defined benefit pension plans are
inappropriate for state and local governments.” He concluded his report by stating his intention to
Congress, and it is expected that
elated to public pensions (e.g., the
Clearwater Employees
Attachment number 1 \nPage 26 of 27
Item # 24
FEDERAL ISSUE: National Flood Insurance Program
BACKGROUND; HOW IT MAY AFFECT
passed, and the President signed a 5
that attempts to restore the program to firmer financial footing by making
program that are likely to impact the C
In 1968, Congress established the NFIP to address the nation’s flood exposure and challenges inherent in
financing and managing flood risks in the private sector. Private
that the flood peril was uninsurable and, therefore, could not be underwritten in the private insurance
market. A three-prong floodplain management and insurance program was created to (1) identify areas
across the nation most at risk of flooding; (2) minimize the economic impact of flooding events through
floodplain management ordinances; and (3) provide flood insurance to individuals and businesses.
Until 2005, the NFIP was self-supporting as policy premiums and
payments. Today, the program is in roughly $25 billion in debt due to a number of large storms, the most
recent being Sandy.
The biggest threats to the solvency of the NFIP are generally thought to be inadequate pricing of
risks, repetitive loss properties, and the lack of enforcement of mandatory flood insurance purchase
requirements. The 2012 reauthorization takes steps to address the first two of these items.
· Requires the following pre-
true risk of flooding):
o non-primary residences
o severe repetitive loss properties
o any properties where flood losses have exceeded the property value
o any business property
o any property that has sustained substant
value) or substantial improvement
o resold property
· Allows FEMA to increase premiums by
percent cap on annual increases
These changes, along with others, are likely to make flood insurance significantly more expensive for
many residents of Clearwater who live in established flood plains. The Federal Emergency Management
Agency (FEMA) is in the midst of implementing
work with FEMA and Congress to better understand th
FEMA implements the legislation.
RECOMMENDED POSITION: Monitor
Flood Insurance Program. Monitor
the City of Clearwater.
Page 22
National Flood Insurance Program
BACKGROUND; HOW IT MAY AFFECT THE CITY OF CLEARWATER: In mid-2012, Congress
passed, and the President signed a 5-year reauthorization of the National Flood Insurance Program (NFIP)
that attempts to restore the program to firmer financial footing by making a number of changes to the
program that are likely to impact the City’s residents.
In 1968, Congress established the NFIP to address the nation’s flood exposure and challenges inherent in
financing and managing flood risks in the private sector. Private insurance companies at the time claimed
that the flood peril was uninsurable and, therefore, could not be underwritten in the private insurance
prong floodplain management and insurance program was created to (1) identify areas
nation most at risk of flooding; (2) minimize the economic impact of flooding events through
floodplain management ordinances; and (3) provide flood insurance to individuals and businesses.
supporting as policy premiums and fees covered expenses and claim
payments. Today, the program is in roughly $25 billion in debt due to a number of large storms, the most
The biggest threats to the solvency of the NFIP are generally thought to be inadequate pricing of
risks, repetitive loss properties, and the lack of enforcement of mandatory flood insurance purchase
requirements. The 2012 reauthorization takes steps to address the first two of these items.
-FIRM properties to pay actuarial insurance rates (rates that reflect the
primary residences
severe repetitive loss properties
any properties where flood losses have exceeded the property value
any business property
any property that has sustained substantial damage (more than 50 percent of fair market
or substantial improvement (more than 30 percent of fair market value)
Allows FEMA to increase premiums by 20 percent per year, an increase from the current 10
reases
These changes, along with others, are likely to make flood insurance significantly more expensive for
who live in established flood plains. The Federal Emergency Management
Agency (FEMA) is in the midst of implementing the reauthorization legislation. The Ci
work with FEMA and Congress to better understand the future cost of flood insurance to City residents
Monitor FEMA’s implementation of the reauthorization of the National
Monitor changes to flood insurance rates for homeowners and businesses in
2012, Congress
year reauthorization of the National Flood Insurance Program (NFIP)
a number of changes to the
In 1968, Congress established the NFIP to address the nation’s flood exposure and challenges inherent in
insurance companies at the time claimed
that the flood peril was uninsurable and, therefore, could not be underwritten in the private insurance
prong floodplain management and insurance program was created to (1) identify areas
nation most at risk of flooding; (2) minimize the economic impact of flooding events through
floodplain management ordinances; and (3) provide flood insurance to individuals and businesses.
fees covered expenses and claim
payments. Today, the program is in roughly $25 billion in debt due to a number of large storms, the most
The biggest threats to the solvency of the NFIP are generally thought to be inadequate pricing of flood
risks, repetitive loss properties, and the lack of enforcement of mandatory flood insurance purchase
requirements. The 2012 reauthorization takes steps to address the first two of these items.
rates (rates that reflect the
(more than 50 percent of fair market
(more than 30 percent of fair market value)
percent per year, an increase from the current 10
These changes, along with others, are likely to make flood insurance significantly more expensive for
who live in established flood plains. The Federal Emergency Management
ity may need to
to City residents as
FEMA’s implementation of the reauthorization of the National
changes to flood insurance rates for homeowners and businesses in
Attachment number 1 \nPage 27 of 27
Item # 24
City Council Agenda
Council Chambers - City Hall
Meeting Date:4/18/2013
SUBJECT / RECOMMENDATION:
Authorize the execution of Supplemental Joint Participation Agreement (JPA) Number 1 between the City of Clearwater and the State
of Florida Department of Transportation (FDOT); approve transferring $6,215.16 from Airpark Retained Earnings to cover the City
20% match for Airpark improvements, and adopt Resolution 13-07.
SUMMARY:
On April 2, 2009, the City Council approved a contract with FDOT to provide $166,799.00 in funding at 100% to install new security
fencing, cameras, digital recorders, card readers, and signage at the Clearwater Airpark.
There is $24,860.66 left in the agreement and FDOT has agreed to allow the funds to be used for remaining Airpark improvements, if
the City provides $6,215.16 as a 20% match. This will bring the agreement total up to $173,014.16.
FDOT will provide $24,860.66 (80%) reimbursable funding and the City will pay $6,215.16 (20%) of project costs from Airpark
retained earnings.
Upon execution of the JPA, a mid-year amendment will transfer $6,215.16 of Airpark Fund reserves to capital project 315-94858,
Airpark Security Improvements to fund the City’s share.
Type:Capital expenditure
Current Year Budget?:Yes Budget Adjustment:Yes
Budget Adjustment Comments:
Mid-year amendment to transfer $6,215.16 of Airpark Fund reserves to capital project 315-94858, Airpark Security Improvements.
Current Year Cost:$6,215.16 Annual Operating Cost:
Not to Exceed:$6,215.16 Total Cost:$6,215.16
For Fiscal Year:2012 to 2013
Appropriation Code Amount Appropriation Comment
315-94858 $6,215.16
Review Approval:
Cover Memo
Item # 25
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Item # 25
Resolution No. 13-07
RESOLUTION NO. 13-07
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA AUTHORIZING THE EXECUTION OF
SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT
(JPA) NUMBER 1 BETWEEN THE CITY OF CLEARWATER
AND THE STATE OF FLORIDA, DEPARTMENT OF
TRANSPORTATION, AMENDING CONTRACT APF54 TO
USE REMAINING $24,860.66 FUNDS AS FDOT’S 80%
CONTRIBUTION, AND INCREASE THE CITY’S 20%
CONTRIBUTION AN ADDITIONAL $6,215.16 FOR
IMPROVEMENTS AT THE CLEARWATER AIRPARK NOT
ORIGINALLY CONTEMPLATED IN CONTRACT APF54;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, on April 2, 2009, the City of Clearwater (City) authorized the
execution of a Joint Participation Agreement (JPA) APF54 between the City and
Florida’s Department of Transportation (FDOT) for a project to install new security
fencing, cameras, digital recorders, card readers, and signage at the Clearwater
Airpark; and
WHEREAS, the (FDOT) has agreed to amend JPA APF54, a copy of which is
attached hereto as Exhibit “A,” via Supplemental Joint Participation Agreement Number
1 to use the remaining $24,860.66 funds in the agreement for Airpark improvements not
originally in JPA APF54 as part of FDOT’s 80% contribution to Clearwater Airpark
improvements and increase the City’s 20% contribution to the project an additional
$6,215.16; and
WHEREAS, adoption of Resolution 13-07 would authorize the appropriate
officials to execute Supplemental Joint Participation Agreement Number 1, which is
attached hereto as Exhibit “B;” now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The City Council hereby accepts and approves the Supplemental Joint
Participation Agreement Number 1 between the City and the State of Florida
Department of Transportation, Financial Project No.: 415770-1-94-01, Contract No.:
APF54 at the Clearwater Airpark.
Section 2. The City Clerk shall record this resolution in the public records of
Pinellas County, Florida, following adoption.
Section 3. This resolution shall take effect immediately upon adoption.
Attachment number 2 \nPage 1 of 2
Item # 25
Resolution No. 13-07 [A04-01371 /122271/1] 2
PASSED AND ADOPTED this _______ day of _____________, 2013.
____________________________
George N. Cretekos
Mayor
Approved as to form: Attest:
__________________________ _____________________________
Camilo A. Soto Rosemarie Call
Assistant City Attorney City Clerk
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City Council Agenda
Council Chambers - City Hall
Meeting Date:4/18/2013
SUBJECT / RECOMMENDATION:
City Manager Verbal Reports
SUMMARY:
Review Approval:
Cover Memo
Item # 26