09/03/2013
WORK SESSION AGENDA
Council Chambers - City Hall
9/3/2013 - 3:00 PM
1. Presentations
1.1 NACWA 2012 Peak Performance Awards
Attachments
2. Economic Development and Housing
2.1 Approve State Housing Initiatives Partnership (SHIP Program) annual reports for fiscal years 2010-2011,
2011-2012 and 2012-2013.
Attachments
3. Financial Services
3.1 Declare list of vehicles and equipment surplus to the needs of the City; authorize disposal through sale to
the highest bidder at the Tampa Machinery Auction, Tampa, Florida; and authorize the appropriate
officials to execute same. (consent)
Attachments
4. Human Resources
4.1 Authorize purchase orders for payment of premiums under the City’s 1% Life Insurance program for the
continuation of individual life insurance plans with New York Life Insurance in the amount of $450,000
for the period from September 1, 2013 to September 30, 2016 and with Principal Life Insurance in the
amount of $200,000 for the period from October 1, 2013, to September 30, 2016. (consent)
Attachments
4.2 Approve the settlement agreement between John Kleinfelter, et al. and the City of Clearwater in the
amount of $155,000. (consent)
Attachments
5. Parks and Recreation
5.1 Approve Lease Agreement between the City of Clearwater and Florida Sports Foundation, Inc. (FSF),
from November 1, 2013 to October 31, 2018, for the lease of City-owned office space located at the
Long Center, 1501 N. Belcher Road; and authorize the appropriate officials to execute same. (consent)
Attachments
5.2 Approve a proposal by Construction Manager at Risk Keystone Excavators, Inc., of Oldsmar, Florida in
the amount of $350,000 for the construction of a 10-foot wide recreation trail encircling Lake Belleview,
which is in Ed Wright and Ross Norton Parks, and authorize the appropriate officials to execute same.
(consent)
Attachments
5.3 Review and approve the proposed sculpture collection for Sculpture360: Season VI – Art in the
Cleveland Street District. (consent)
Attachments
6. Police
6.1 Approve acceptance of Department of Justice, Bureau of Justice Assistance (DOJ/BJA) Edward Byrne
Memorial Justice Assistance Grant in the amount of $56,631 and additional 2.7 Full Time Equivalent
Position (FTE) and authorize the appropriate officials to execute same. (consent)
Attachments
7. Public Utilities
7.1 Award a contract (purchase order) to General Chemical, of Parsippany, NJ for the purchase of Liquid
Aluminum Sulfate in the amount of $370,320.23 during the contract period October 1, 2013 through
September 30, 2016, being the lowest, most responsive bid for BID 23-13, and authorize the appropriate
officials to execute same. (consent)
Attachments
7.2 Award a contract (Purchase Order) to Allied Universal Corp of Miami, from October 1, 2013 through
September 30, 2014, with two one-year renewal options, for a total of $380,000 for the first contract
period, for Liquid Sodium Hypochlorite, and authorize the appropriate officials to execute same.
(consent)
Attachments
8. Engineering
8.1 Award a construction contract to Layne Inliner, LLC, of Sanford, Fl, in the amount of $338,833.00 for
the Hillcrest Pipe Lining Project (13-0022-EN) and authorize the appropriate officials to execute same.
(consent)
Attachments
8.2 Approve additional funding to the United States Army Corp of Engineers (USACE) in the amount of
$870,000 for the Stevenson Creek Estuary Restoration Project. (consent)
Attachments
9. Official Records and Legislative Services
9.1 Appoint one member to the Clearwater Housing Authority Board with term to expire September 30, 2017
and reappoint Jan Moss for a term to expire September 30, 2017.
Attachments
9.2 Reappoint Councilmember Doreen Hock-DiPolito to serve as the City's representative on the Pinellas
County Metropolitan Planning Organization with term to expire on September 12, 2017. (consent)
Attachments
9.3 Appoint a councilmember to the Tampa Bay Regional Planning Council (TBRPC) to replace
Councilmember Doreen Hock-DiPolito.
Attachments
10. Legal
10.1 Authorize the City Attorney to hire Jeffrey Hinds, Esq. of Smolker, Bartlett, Schlosser, Loeb and Hinds,
P.A. to represent the City in the case of David and Aileen Bair v. City of Clearwater for the initial
amount of $40,000.00 and authorize the appropriate officials to execute same. (consent)
Attachments
10.2 Authorize the City Attorney to hire Alan Zimmet, Esq. of Bryant Miller Olive to represent the city in the
matter of Petersen and Spatuzzi v. City, and authorize the appropriate officials to execute a Legal
Services Agreement. (consent)
Attachments
10.3 Adopt Ordinance 8424-13 on second reading, annexing certain real property whose post office address is
3030 Union Street into the corporate limits of the city and redefining the boundary lines of the city to
include said addition.
Attachments
10.4 Adopt Ordinance 8425-13 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 3030 Union Street, upon annexation into the City of Clearwater, as Residential Suburban (RS)
and water/drainage feature.
Attachments
10.5 Adopt Ordinance 8426-13 on second reading, amending the Zoning Atlas of the city by zoning certain
real property whose post office address is 3030 Union Street, upon annexation into the City of
Clearwater, as Low Density Residential (LDR).
Attachments
10.6 Adopt Ordinance 8427-13 on second reading, annexing certain real property whose post office address is
3030 Union Street [smaller parcel] into the corporate limits of the city and redefining the boundary lines
of the city to include said addition.
Attachments
10.7 Adopt Ordinance 8428-13 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 3030 Union Street [smaller parcel], upon annexation into the City of Clearwater, as Residential
Suburban (RS).
Attachments
10.8 Adopt Ordinance 8429-13 on second reading, amending the Zoning Atlas of the city by zoning certain
real property whose post office address is 3030 Union Street [smaller parcel], upon annexation into the
City of Clearwater, as Low Density Residential (LDR).
Attachments
10.9 Adopt Ordinance 8434-13 on second reading, amending the Zoning Atlas of the city by rezoning certain
real property whose post office address is 1515 South Highland Avenue from Office (O) to Medium
Density Residential (MDR).
Attachments
10.10 Adopt Ordinance 8438-13 on second reading, making amendments to Beach By Design: A Preliminary
Design for Clearwater Beach and Design Guidelines by amending Section II, Future Land Use,
Subsection C. The “Marina District,” to reference the standards to which the public boardwalk must
comply; and by adopting the Marina District Boardwalk Design Guidelines and Specifications.
Attachments
11. City Manager Verbal Reports
11.1 Follow-up from August 14 Council Meeting
Attachments
12. Council Discussion Items
12.1 Reschedule Work Session and Council Meetings - Councilmember Bill Jonson
Attachments
13. Closing Comments by Mayor
14. Adjourn
15. Presentation(s) for Council Meeting
15.1 CareFest Proclamation - Oasis Centro Cristiano, Pastor Joe Lugo
Attachments
15.2 Florida Works Day Proclamation - recipient Assistant City Manager Jill Silverboard, Florida Local
Government Coalition (FLGC) Steering Committee member.
Attachments
15.3 FFEA SunSational Awards - Brian Craig, Events and Athletics Coordinator
Attachments
Work Session
Council Chambers - City Hall
Meeting Date:9/3/2013
SUBJECT / RECOMMENDATION:
NACWA 2012 Peak Performance Awards
SUMMARY:
NACWA 2012 Peak Performance Gold Award - to The City of Clearwater’s East Water Reclamation Facility – Receiving on
behalf of Public Utilities is Loren Pratt (Wastewater Treatment Plant Chief Operator)
NACWA 2012 Peak Performance Gold Award – to The City of Clearwater’s Northeast Water Reclamation Facility – Receiving
on behalf of Public Utilities is Jeff Borden (Wastewater Treatment Plant Chief Operator)
NACWA 2012 Peak Performance Silver Award – to The City of Clearwater’s Marshall Street Water Reclamation Facility –
Receiving on behalf of Public Utilities is Jack Sadowski (Wastewater Treatment Plant Chief Operator)
Review Approval:
Cover Memo
Item # 1
Work Session
Council Chambers - City Hall
Meeting Date:9/3/2013
SUBJECT / RECOMMENDATION:
Approve State Housing Initiatives Partnership (SHIP Program) annual reports for fiscal years 2010-2011, 2011-2012 and 2012-2013.
SUMMARY:
The Florida Legislature enacted the Williams E. Sadowski Affordable Housing Act in 1992. This act created a
dedicated revenue source for the state and local housing trust funds. This dedicated revenue source funds
state and local housing programs and assisted local governments in meeting the housing needs of its
population. The Sadowski Act created the State Housing Initiatives Partnership (SHIP) Program. Given
the state’s budget shortfalls, funding for the SHIP Program has been drastically reduced.
The City received zero dollars for FY 2010-2011, $96,986 for FY 2011-2012 $96,983 and $42,274 for
FY 2012-2013. For these same fiscal years, the City received program income of $102,004.09 for FY
2010-2011, $201,727.57 for FY 2011-2012 and $129,794.44 for FY 2012-2013. The department mainly
uses these SHIP funds and SHIP program income to match federal programs to be able to continue
existing housing programs.
All local governments receiving SHIP funds must submit to Florida Housing Finance Corporation their
annual reports by September 15 of every year. The annual reports provide details of expended funds,
encumbered funds and a proposal of any unused funds. The reports also provide information on the
strategies funded, the number of households served, income category, age, family size, race and data
regarding any special needs populations such as homeless persons, persons with disabilities and the
elderly. The report is submitted electronically to the State.
Through the SHIP Program, Economic Development and Housing has provided funding for the
following housing activities: Down payment and closing costs assistance, the rehabilitation of owner
occupied single-family dwelling, and the acquisition and rehabilitation of two multi-family dwellings.
During the program years covered by these reports, the City has assisted 24 households and has funds
encumbered to assist at least another 12 households, and is projecting assistance for 8 more
households.
SHIP funding is important to the City of Clearwater’s economy, as evidenced by activity in FY 2010-
2011 where the City spent $88,058 in SHIP dollars to leverage over a million dollars in private funds.
Review Approval:1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager ED 5) City Manager 6) Clerk
Cover Memo
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Item # 2
Work Session
Council Chambers - City Hall
Meeting Date:9/3/2013
SUBJECT / RECOMMENDATION:
Declare list of vehicles and equipment surplus to the needs of the City; authorize disposal through sale to the highest bidder at the
Tampa Machinery Auction, Tampa, Florida; and authorize the appropriate officials to execute same. (consent)
SUMMARY:
All vehicles and equipment have been replaced as necessary, or are no longer required.
Tampa Machinery Auction is the Tampa Bay Purchasing Cooperative Auctioneer of Record. Tampa Machinery
Auction holds a live auction monthly and accepts internet bids at the time of the live auction.
Type:Other
Current Year Budget?:No Budget Adjustment:None
Budget Adjustment Comments:
Current Year Cost:Annual Operating Cost:
Not to Exceed:Total Cost:
For Fiscal Year: to
Appropriation Code Amount Appropriation Comment
0566-00000-364413-000-
0000
TBD Sale Proceeds
Bid Required?:No Bid Number:
Other Bid / Contract:Bid Exceptions:None
Review Approval:1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk
Cover Memo
Item # 3
Fleet Surplus for Next Auction September 2013REASON FORASSET #YEARDESCRIPTIONSERIAL NUMBERMILEAGE SURPLUS / DISPOSALREPLACEMENT1G0322 1988 PAVEMARK APOLLO 2 P171517 XXXXAGE/CONDITION/REPLACEDXXXXX2G1192 1991 DAYTON AIR COMP. 061390L867132 XXXXAGE/CONDITION/REPLACEDXXXXX3G1474 1995 FORD CROWN VIC 2FALP71W6SX152265 63239MIAGE/CONDITION/REPLACEDG39794G19001998FORD F800 FORK TRUCK1FDWF80C0WVA2512085940MIAGE/CONDITION/REPLACEDG3912BAD TURBO5G21321999GMC SONOMA1GTCS14X4X852479899734MIAGE/CONDITION/REPLACEDG39606G22032000TARGET CEMENT SAW226695NONEAGE/CONDITION/REPLACEDG22707G2282 2003 CHEVY SONOMA 1GTCS19W4YK256999 71821MIAGE/CONDITION/REPLACEDG38848G23422001 GMC SONOMA TRUCK1GTCS14WO1K12144985338MIAGE/CONDITION/REPLACEDG39629G24732003MILLER TLBLZR WELDR2N93651011HRAGE/CONDITION/REPLACEDG398510G24752002CHEVROLET 3500 UT3GBKC34G22M11516368472MIAGE/CONDITION/REPLACEDG388711G2500 2002 JD 5420 TRACTOR LV5420S242615 10,534.00 AGE/CONDITION/REPLACED G395112G25082002FORD CROWN VIC2FAFP71W82X13458797,943.00AGE/CONDITION/REPLACEDG300513G251820022002 FORD CROWNVIC 2FAFP71W52X134577100244MIAGE/CONDITION/REPLACEDG394914G26842003FORD CROWN VIC 2FAHP71W73X18919989541MIAGE/CONDITION/REPLACEDG387915G26892003FORD F450 TRUCK1FDXF46S63EC35308106120MIAGE/CONDITION/REPLACEDG397216G26972003CHEVROLET 2500VAN1GCGG25V531181802106110MIAGE/CONDITION/REPLACEDG396117G27342003 FORD CROWN VIC 2FAFP71W53X11921089402MIAGE/CONDITION/REPLACEDG394118G28562004FORD CROWN VIC 2FAFP71W94X139154101323MIAGE/CONDITION/REPLACEDG393118G28562004FORD CROWN VIC 2FAFP71W94X139154101323MIAGE/CONDITION/REPLACEDG393119G29312004CHEVY ASTRO VAN1GCDM19X64B119497107856MIAGE/CONDITION/REPLACEDG395820G29672005CHEVY EXPRESS VAN1GCGG25V251188662109298MIAGE/CONDITION/REPLACEDG388821G30052005 FORD CROWN VIC 2FAFP71W15X143992113735MIAGE/CONDITION/REPLACEDG394422G30202005 CHEVY COLORADO 1GCDT196258225230106268MIAGE/CONDITION/REPLACEDG392123G33072007FORD RANGER1FTYR14U37PA72615130800MIAGE/CONDITION/REPLACEDG392024G34812008CHEVY TRAILBLAZER IGNDT13S98224558955123MIAGE/CONDITION/REPLACEDG393425G34822008CHEVY TRAILBLAZER 1GNDT13S58224821551789MIAGE/CONDITION/REPLACEDG393526G34832008CHEVY TBLAZER 4X4 IGNDT13SX8224786758455MIAGE/CONDITION/REPLACEDG301027G34842008CHEVY TRBLAZER4X4IGNDT13S68224482263338MIAGE/CONDITION/REPLACEDG393728PALLET ASSORTED OBSOLETE SMALL ENGINE PARTS 2930Attachment number 1 \nPage 1 of 1
Item # 3
Work Session
Council Chambers - City Hall
Meeting Date:9/3/2013
SUBJECT / RECOMMENDATION:
Authorize purchase orders for payment of premiums under the City’s 1% Life Insurance program for the continuation of individual life
insurance plans with New York Life Insurance in the amount of $450,000 for the period from September 1, 2013 to September 30, 2016
and with Principal Life Insurance in the amount of $200,000 for the period from October 1, 2013, to September 30, 2016. (consent)
SUMMARY:
The City maintains a life insurance benefit for employees, referred to as the 1% Life Insurance Program, under which the
City matches employee contributions for individual life insurance premiums in an amount not to exceed 1% of the
employee’s annual salary. New enrollment is no longer permitted for this benefit, but a number of employees who were
grandfathered are expected to continue to participate. Of the five present 1% Life Insurance participating vendors, only New
York Life Insurance and Principal Life Insurance currently maintain employee enrollment in numbers great enough that the
total dollar amounts for employee and City contributions to premiums require City Council approval authorizing a purchase
order for payment. These purchase orders are expected to cover anticipated billing for fiscal years 2014, 2015, and
2016. Funds for City contributions to the program are provided for each year in the City budget.
These purchase order requests are considered to be for a continuation of services that are excepted from
the bid process as contracts for insurance. [Sec. 2.564(1)(j)]
Review Approval:1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk
Cover Memo
Item # 4
Work Session
Council Chambers - City Hall
Meeting Date:9/3/2013
SUBJECT / RECOMMENDATION:
Approve the settlement agreement between John Kleinfelter, et al. and the City of Clearwater in the amount of $155,000. (consent)
SUMMARY:
A lawsuit was filed by IAFF Local 1158 Union President John Klinefelter as lead plaintiff on behalf of a number of
Clearwater Fire Rescue employees. The lawsuit alleged that hourly Clearwater Fire and Rescue Department
employees were being paid incorrectly when working Holidays.
The Collective bargaining agreement provides for payment of holiday pay. The Union raised a concern that the hours
constituting Holiday pay for employees actually working on the designated City Holidays were being excluded from
the regular rate of pay and used as an offset to the employees’ FLSA overtime pay.
The long-standing city practice was to take advantage of a provision in the Fair Labor Standards Act (29 U.S.C. §207)
that allows hours for Holiday pay to be excluded from the employee’s regular rate of pay in the determination of
compensation toward the calculation of overtime. At no time prior to the Union raising the concern had the Union filed
a grievance or brought the issue to the attention of the City’s Human Resources staff. The City contacted the
Department of Labor in an effort to resolve the issue but the lawsuit was filed before any resolution could be reached.
Because the Code of Federal Regulations does indicate that the Holiday hours may not be used to offset overtime and
in consideration of the complexity and lengthy nature of litigation in Wage and Hour suits, it was felt that
settlement was the most prudent course of action.
The settlement agreement provides for $111,600 in backpay and liquidated damages and $44,400 for plaintiff attorney
fees. The agreement for settle all outstanding claims and will result in dismissal of the suit.
The funding for this agreement will be provided with a 3rd quarter budget transfer of $155,000 from General Fund
retained earnings to the Fire Department operating budget.
Appropriation Code Amount Appropriation Comment
0-010-01210-534000-522-000 155,000 General Fund Retained Earnings
Review
Approval:
1) Office of Management and Budget 2) Human Resources 3) Office of Management and
Budget 4) Legal 5) Clerk 6) Assistant City Manager 7) City Manager 8) Clerk
Cover Memo
Item # 5
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF FLORIDA
TAMPA, FLORIDA
JOHN KLINEFELTER, et al. )
)
) CIVIL ACTION NO: 8:12-cv-01394-JSM-AEP
Plaintiffs, )
)
v. )
)
CITY OF CLEARWATER, FLORIDA )
)
Defendant. )
)
SETTLEMENT AGREEMENT
This Settlement Agreement ("Agreement") is entered into by John Klinefelter, et.
al. (collectively referred to herein as "Plaintiffs"), and the City of Clearwater, including its
current and former council members, department directors, supervisors, officers,
attorneys, employees, successors in interest, predecessors, representatives, agents,
insurers, and assigns (all in their representative and individual capacities) (collectively
referred to herein as the "Defendant").
WHEREAS, Plaintiffs brought or joined in this action claiming violations of the
Fair Labor Standards Act, 29 U.S. C. §201, et. seq. ("FLSA");
WHEREAS, the Defendant denies all of the allegations made by Plaintiffs; and,
WHEREAS, the parties prefer to avoid the uncertainty and expense of further
litigation and believe that their interests will be best served by the settlement and
Attachment number 1 \nPage 1 of 6
Item # 5
2
dismissal of this action, with prejudice, and have concluded that the terms of this
Agreement are fair, reasonable and adequate.
NOW, THEREFORE, in consideration of their mutual promises and other good
and valuable consideration, receipt of which is hereby acknowledged, the parties,
intending to be legally bound, agree as follows:
1. Dismissal of Action with Prejudice. In exchange for the consideration set
forth in paragraph 2 of this Agreement, Plaintiffs agree to dismiss this action with
prejudice. Plaintiffs will authorize their attorneys to execute on their behalf the Joint
Motion for Approval of Settlement Agreement and to Dismiss Action With Prejudice
("Joint Motion") that is attached to this Agreement as Exhibit 1. Upon approval by the
U.S. District Court, the Joint Motion will thereby dismiss this case with prejudice with
each party bearing its own costs and fees, except as delineated in this Agreement. The
Joint Motion will be filed within three (3) business days after approval of this Agreement
by all Plaintiffs and the Defendant.
2. Consideration.
a. The Defendant agrees to pay Plaintiffs a total amount of One
Hundred Eleven Thousand Six Hundred Dollars ($111,600.00) in back overtime wages
and liquidated damages. The total amount of back overtime wages and liquidated
damages due to each individual Plaintiff is attached to this Agreement as Exhibit 2.
b. The Defendant will make appropriate tax and retirement withholdings
and deductions from the back overtime wages. The Defendant shall be solely liable,
however, for any required employer retirement contributions. No advance withholdings
shall be made from the liquidated damages portion of the settlement amounts.
Attachment number 1 \nPage 2 of 6
Item # 5
3
c. All amounts owed pursuant to paragraph 2(a), less the appropriate
withholdings as defined in paragraph 2(b), shall be paid by check made payable to each
individual Plaintiff, and sent to Plaintiffs' attorney Douglas L. Steele, Woodley &
McGillivary, 1101 Vermont Ave. NW, Washington, D.C. 20005. The amount of back
wages paid to each individual Plaintiff will be reported to Plaintiffs by the Defendant on
Internal Revenue Service ("IRS") Form W-2.
d. The Defendant agrees to pay Woodley & McGillivary the sum of
Forty-Three Thousand Found Hundred Dollars ($43,400.00). This amount represents
reimbursement for the attorneys' fees and costs incurred by the Plaintiffs. This amount
shall be reported to Woodley & McGillivary on IRS Form 1099. This amount shall be
paid by check made payable to Woodley & McGillivary, and sent to Plaintiffs' attorney
Douglas L. Steele, Woodley & McGillivary, 1101 Vermont Ave. NW, Washington, D.C.
20005.
e. The Defendant agrees to forward the payments set forth in
paragraphs 2.a. and 2.b. of this Agreement to Woodley & McGillivary within twenty (20)
days from the date of approval of this Agreement by the U.S. District Court.
f. The Defendant agrees to cease the practice of offsetting
contractual automatic holiday pay against overtime entitlement earned during that FLSA
work period.
g. Plaintiffs accept the rights, benefits, and protections provided
herein as consideration in full and complete satisfaction and release of the claims
asserted by them in this action brought under the FLSA. Plaintiffs agree and
acknowledge that the payments they are accepting in exchange for dismissal of this
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Item # 5
4
action, the release of claims, and the other promises made herein constitutes
consideration to which they are not already entitled.
3. Release and Waiver of Claims. Plaintiffs hereby release, acquit, and
forever discharge the Defendant from all claims based on the facts set forth in the
above-referenced action. Plaintiffs agree and acknowledge that with respect to the
claims they are waiving, they are waiving not only their right to recover money or other
relief in any action that they might institute but also that they are waiving their right to
recover money or other relief in any action that might be brought on their behalf by any
other person or entity including, but not limited to, the State of Florida, the United States
Department of Labor (“DOL”), or any other (U.S. or foreign) federal, state, or local
agency or department.
4. No Assignment of Claims. Plaintiffs represent that they have not
heretofore assigned or transferred, or purported to have assigned or transferred, to any
entity or person any dispute released by them herein.
5. No Admission of Liability Or Wrongdoing. It is understood and agreed that
this Agreement is entered into and offered by way of compromise of disputed claims
and that this Agreement and any payments made pursuant to this Agreement are not to
be construed as an admission of liability or wrongdoing by the Defendant.
6. Effective Date. This Agreement will become effective and enforceable
once it is approved by the U.S. District Court.
7. Governing Law and Interpretation. This Agreement shall be governed by
and construed in accordance with the laws of the State of Florida, and where applicable,
federal laws. The language of this Agreement shall be construed as whole, according
Attachment number 1 \nPage 4 of 6
Item # 5
5
to its fair meaning, and not strictly construed for or against either party. The United
States District Court for the Middle District of Florida shall retain jurisdiction to enforce
the terms of this Agreement.
8. Entire Agreement. This Agreement and its attachments set forth the entire
agreement between the parties and supersede any and all prior agreements or
understandings between the parties.
9. Amendment. This Agreement may not be amended except by a written
agreement signed by the parties or signed by their respective administrators, trustees,
personal representatives, or successors.
10. Headings. Section headings are used in this Agreement for ease of
reference only and shall not affect the meaning of any provision of this Agreement.
11. Completeness of Agreement. This document constitutes a complete
integration of the agreement between the parties and supersedes any and all prior oral
or written representations, understandings or agreements among or between them.
12. Authority of Counsel. Plaintiffs’ attorney of record represents that he is
authorized to enter into this Agreement on behalf of plaintiffs. Defendant’s attorney of
record represents that he is authorized to enter into this Agreement on behalf of the
Defendant.
Attachment number 1 \nPage 5 of 6
Item # 5
6
AGREED TO:
Douglas L. Steele Thomas M. Gonzalez
T. Reid Coploff THOMPSON SIZEMORE GONZALEZ &
WOODLEY & McGILLIVARY HEARING, P.A.
1101 Vermont Avenue, N.W. 201 North Franklin Street
Suite 1000 Suite 1600
Washington, D.C. 20005 Tampa, FL 33602-5246
(202) 833-8855 Phone (813) 273-0050 (telephone)
(202) 452-1090 Fax (813) 273-0072 (facsimile)
dls@wmlaborlaw.com tgonzalez@tsghlaw.com
trc@wmlaborlaw.com
Counsel for Defendant
Matthew J. Mierzwa, Jr.
Florida Bar No. 0699860
Mark W. Floyd
Florida Bar No. 0650471
MIERZWA & ASSOCIATES, P.A.
3900 Woodlake Boulevard, Suite 212
Lake Worth, FL 33463
(561) 966-1200 Phone
(561) 966-1231 Fax
mmierzwa@mierzwalaw.com
mfloyd@mierzwalaw.com
Counsel for Plaintiffs
Attachment number 1 \nPage 6 of 6
Item # 5
Wage/Hour Lawsuit Settlement
This white paper has been prepared as background for discussions regarding the wage and hour
lawsuit settlement agreement re: Klinefelter, et al. v. City of Clearwater
Background:
· In May 2012, IAFF Local 1158 Union President John Klinefelter raised a compensation concern
with the City’s Human Resources Department alleging that hourly Clearwater Fire and Rescue
Department employees were being paid incorrectly when working Holidays.
· The collective bargaining agreement between the City and IAFF Local 1158 states that Holiday
pay for Holidays other than Christmas, Thanksgiving, and New Year’s Day is paid at 10% of the
average weekly scheduled hours (10.6 hours). Pay for the three “premium” holidays described
above is paid at 15% of the average weekly scheduled hours (15.9 hours). All bargaining unit
employees receive the Holiday pay for each Holiday, regardless of whether or not they actually
work on the Holiday.
· The Union raised a concern that the hours constituting Holiday pay for employees actually
working on the designated City Holidays were being excluded from the regular rate of pay and
used as an offset to the employees’ FLSA overtime pay.
· The long standing practice in the Clearwater Fire and Rescue Department was to take advantage
of a provision in the Fair Labor Standards Act (29 U.S.C. §207) that allows hours for Holiday pay,
when it is paid as a premium at no less than one-and-one-half times the regular rate of pay, to
be excluded from the employee’s regular rate of pay in the determination of compensation
toward the calculation of overtime. At no time prior to the Union raising the concern in this
instance had the Union filed a grievance or brought the issue to the attention of the City’s
Human Resources staff.
· When the issue was raised with Human Resources, the City attempted to contact the
Department of Labor in order to clarify the issue. Human Resources staff advised Lieutenant
Klinefelter to also contact the DOL in an effort to expedite obtaining a response. Prior to
receiving a response and/or guidance from DOL, Lieutenant Klinefelter filed suit as the lead
plaintiff in a class action against the City. The City was not made aware this action was pending
prior to being served with the suit.
· The suit filed by Klinefelter, et al., indicated that the City improperly used the premium
payments for Holiday hours under 29 U.S.C. §207 to offset overtime, and cited a provision in the
U.S. Code of Federal Regulations (29 C.F.R. §778.219) that such hours, when they are paid
whether or not the employee works on the Holiday, may not be considered as payment for
hours worked on the holiday and thereby used to offset overtime.
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Item # 5
Discussion:
· The City retained the law firm of Thompson, Sizemore, Gonzalez, and Hearing to represent the
City in the case. The City’s position was that the treatment of Holiday pay with respect to the
calculation of overtime was consistent with and in accordance with both the collective
bargaining agreement and past practice between the City and the Union. As such, the City did
not willfully violate the relevant DOL regulations.
· However, because the Code of Federal Regulations provision cited by the Union does indicate
that the Holiday hours may not be used to offset overtime when the Holiday pay is granted
whether or not the employee works the Holiday, and in consideration of the complexity and
lengthy nature of litigation in Wage and Hour suits, it was felt that settlement is the most
prudent course of action.
· The settlement agreement provides for $111,600 in back pay and liquidated damages and
$43,400 for plaintiff’s attorney’s fees. This settlement will satisfy all outstanding claims and will
result in dismissal of the suit.
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Item # 5
Work Session
Council Chambers - City Hall
Meeting Date:9/3/2013
SUBJECT / RECOMMENDATION:
Approve Lease Agreement between the City of Clearwater and Florida Sports Foundation, Inc. (FSF), from November 1, 2013 to
October 31, 2018, for the lease of City-owned office space located at the Long Center, 1501 N. Belcher Road; and authorize the
appropriate officials to execute same. (consent)
SUMMARY:
The Parks and Recreation Department has worked closely with FSF for several years in our mutual desire to promote sports in the State
of Florida and specifically in the City of Clearwater.
FSF is a State of Florida organization whose mission is to promote and develop opportunities for professional, amateur and recreation
sports and physical opportunities in the State of Florida, which in turn produces economic development and impact for the State and
municipalities.
FSF desires to have an operating office in the Midwest portion of the State of Florida and the offices at the Long Center will fulfill that
purpose.
Staff is in full support of this lease and looks forward to FSF choosing Clearwater to be its home base in Midwest Florida. Their
presence in the City and specifically at the Long Center will help to create even more sporting opportunities for the community and for
economic growth.
Under this lease, FSF will have access to approximately 620 sq. ft. of unused office space currently on the second floor of the Long
Center.
Notable terms and conditions of the lease are listed below:
FSF will pay base rent of $15,000 per year for the use of the space, payable in monthly installments of $1,250 per month.
Rent shall include utilities, internet service, four phone lines with service, fax and copier access.
Use of the premises will be used solely for the corporate mission of FSF.
The initial lease term is for five years with an option to extend the lease for two additional five-year periods. The additional five-year
option may be approved by the Parks and Recreation Director.
Insurance requirements have been established by the City’s Risk Management Department.
FSF will have use of common shared areas of the Long Center office Suite. City will provide maintenance of all major capital
components of the leased premises as well as custodial maintenance of the areas leased by FSF.
Review Approval:1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk
Cover Memo
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Work Session
Council Chambers - City Hall
Meeting Date:9/3/2013
SUBJECT / RECOMMENDATION:
Approve a proposal by Construction Manager at Risk Keystone Excavators, Inc., of Oldsmar, Florida in the amount of $350,000 for the
construction of a 10-foot wide recreation trail encircling Lake Belleview, which is in Ed Wright and Ross Norton Parks, and authorize
the appropriate officials to execute same. (consent)
SUMMARY:
On April 5, 2012, the Council approved a grant agreement between the City of Clearwater and the Florida Department of Environmental
Protection Office of Greenways and Trails (OGT) for a Recreational Trails Program (RTP) grant in the amount of $200,000 for the
construction of the Lake Belleview Trail.
This contract will provide for the construction of a 10-foot wide asphalt trail for a length of approximately 5,262 linear feet encircling
Lake Belleview in Ed Wright and Ross Norton parks. The trail will be constructed in a manner to accommodate both cyclists and
pedestrians; unlighted and open from sunrise to sunset. The construction duration for the project is 120 days, commencing in October.
On June 6, 2013, the Council approved Construction Manager at Risk Services (CMR) for continuing contracts with several
construction contractors including Keystone Excavators, Inc.
Keystone Excavators was selected under the RFQ (Request for Qualifications) process based on qualifications, experience on similar
projects, staff experience and availability, and knowledge of city standards. Keystone has been the selected low bidder on many past
city projects of similar scope and the city was pleased with their performance.
Future maintenance of the trail will be provided through the adopt-a-park program volunteers and existing park maintenance staff.
There will be neither additional staff requirements nor additional operating impacts for this project.
Sufficient funds are available in Capital Improvement Program project 315-93272, Recreation Trails for this contract.
Type:Capital expenditure
Current Year Budget?:Yes Budget Adjustment:No
Budget Adjustment Comments:
Current Year Cost:$350,000 Annual Operating Cost:-0-
Not to Exceed:$350,000 Total Cost:$350,000
For Fiscal Year:2013 to 2014
Appropriation Code Amount Appropriation Comment
315-93272 $350,000
Bid Required?:No Bid Number:
Other Bid / Contract:Bid Exceptions:Other
Review
Approval:
1) Engineering 2) Financial Services 3) Office of Management and Budget 4) Legal 5) Clerk 6) Assistant City
Manager 7) City Manager 8) Clerk
Cover Memo
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Work Session
Council Chambers - City Hall
Meeting Date:9/3/2013
SUBJECT / RECOMMENDATION:
Review and approve the proposed sculpture collection for Sculpture360: Season VI – Art in the Cleveland Street District. (consent)
SUMMARY:
Sculpture360 – Art in the Cleveland Street District is a temporary exhibition of outdoor public artwork intended to bring high-
quality, iconic, and vibrant artwork to downtown Clearwater. This agenda item is presented in accordance with actions taken
during the April 15, 2009 City Council meeting in which the Council requested that all installations of artwork of public property
be subject to Council review.
The following collection of sculptures is recommended in full for temporary exhibition as part of the Public Art and Design
Program’s Sculpture360: Art in the Cleveland Street District: Season VI. The sculptures were chosen by a Selection Panel,
appointed by the Public Art and Design Board (PADB) in accordance with the Public Art and Design Program Guidelines. The
PADB subsequently reviewed and approved this collection. The sculptures are slated for installation starting the week of
October 24 and will remain on exhibition through October 1, 2014.
The Selection Panel consisted of individuals representing specified interests and expertise were as follows:
Alex Plisko (Chair), vice-chair of the Public Art and Design Board
Anne Fogarty-France, Economic Development representative
Felicia Leonard, Parks and Recreation representative
Gus and Lina Ocamposilva, professional sculptors
An open Call to Artists as outlined in the Public Art and Design Guidelines was issued detailing the scope of the project. The Call
to Artists resulted in approximately 53 responses of qualified artists with various works proposed for temporary loan. The
Selection Panel selected three finalists (Nicole Beck, Dimitar Lukanov, and Merle Randolph) and two alternates (John Clement
and Hanna Jubran).
The PADB has approved an allocation of $9,000.00 from the Public Art and Design Program Discretionary Fund for the purpose
of funding the project budget for Sculpture360: Season VI. Funds will be utilized for artist honoraria and equipment, materials,
and personnel necessary for installing and removing the sculpture under the terms of the exhibition.
Type:Capital expenditure
Current Year Budget?:Yes Budget Adjustment:None
Budget Adjustment Comments:
Current Year Cost:$9,000 Annual Operating Cost:-0-
Not to Exceed:$9,000 Total Cost:$9,000
For Fiscal Year:2013 to 2014
Appropriation Code Amount Appropriation Comment
325-93608 $9,000
Review Approval:1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk
Cover Memo
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Work Session
Council Chambers - City Hall
Meeting Date:9/3/2013
SUBJECT / RECOMMENDATION:
Approve acceptance of Department of Justice, Bureau of Justice Assistance (DOJ/BJA) Edward Byrne Memorial Justice Assistance
Grant in the amount of $56,631 and additional 2.7 Full Time Equivalent Position (FTE) and authorize the appropriate officials to
execute same. (consent)
SUMMARY:
On July 18, 2013, Clearwater Police Department (CPD) was granted approval by the City Council to submit a grant
application in the amount of $56,631 under the federal Justice Assistance Grant (JAG) program to continue its
successful Report Review Team Program. The Program was originally launched in 2011 with JAG funding. That grant
has been officially awarded and CPD now seeks approval to accept it.
The Report Review Team Program was created as a means to increase supervisor efficiency within the police
department. The RRT Program removes the burden of report review from first line supervisors. Implementation of the
RRT Program has resulted in efficiencies for our field supervisors by allowing them to focus on evaluation and
supervision of field personnel, employee coaching, community problem solving, and reaching other department goals.
The smaller review team has also allowed for greater accountability and consistency in the final work product.
The current RRT Program consists of a total of four part-time, non-sworn employees and operates under the
supervisory umbrella of the Crime Analysis Unit. The team reviews, approves, and disseminates all police reports
generated within the Patrol Division and by Police Service Technicians to ensure that the reports meet the minimum
standards set forth by the department. Additionally, the team is responsible for the tracking of reports to ensure a
timely review and to provide feedback to patrol supervisors if corrective action is necessary.
The 2013 JAG grant will fund the salary and benefits of 1.4 full-time equivalent (FTE) report reviewer positions. This
is based on a total of 2701.99 hours at an hourly rate of $19.4697 for total salary of $52,607. Social Security at 7.65%
on that amount will be $4,024 for a grand total of $56,631 to be charged to the JAG grant.
An additional 2,499 hours will be worked by the Team for a cost of $48,655 in salary and $3,722 for Social Security,
for a total of $52,377 and representing another 1.3 FTE’s. The $52,377 will be funded by Investigative Cost Recovery
project.
The total cost of the program will be $109,008 with $56,631 for 1.4 FTEs being funded with the Justice Assistance
(DOJ/BJA) Edward Byrne Memorial Justice Assistance Grant and the remaining $52,377 for 1.3 FTEs funded from the
Investigative Cost Recovery funding. Total FTE’s for the project are 2.7.
There is no mandatory match for this grant. The $52,377 from the Investigative Cost Recovery fund will be reflected in
the grant budget as a voluntary match.
There is no retention requirement associated with this grant and the additional positions will be eliminated when grant
funding expires.
There will be no direct adverse impact to the Police Department annual operating budget nor is there a required
match. Because the RRT Program is so successful, it is proposed that subsequent years continue to be funded through
the same grant or the Investigative Cost Recovery project.
Special project number 181-99245, 2013 Report Review Team Program, will be established to account for the grant
expenditures. In addition, Special Project 181-99329, 2013 RRT-Invest Cost Recovery, will be used to fund the
Cover Memo
Item # 9
Investigative Cost Recovery portion of the grant.
Type:Other
Current Year Budget?:None Budget Adjustment:None
Budget Adjustment Comments:
Current Year Cost:$ 56,631.00 Annual Operating Cost:
Not to Exceed:Total Cost:$109,008.00
For Fiscal Year:2013 to 2014
Appropriation Code Amount Appropriation Comment
181-99329 $52,377.00 Charged to 2013 RRT- Invest Cost Recovery
Review Approval:1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk
Cover Memo
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Work Session
Council Chambers - City Hall
Meeting Date:9/3/2013
SUBJECT / RECOMMENDATION:
Award a construction contract to Layne Inliner, LLC, of Sanford, Fl, in the amount of $338,833.00 for the Hillcrest Pipe Lining Project
(13-0022-EN) and authorize the appropriate officials to execute same. (consent)
SUMMARY:
The City of Clearwater Engineering Department has determined that it will be necessary to rehabilitate approximately
860 linear feet of existing 54-inch stormwater pipeline between St. Thomas Drive and Belleview Boulevard. This
existing pipe has significant deterioration and is near the end of its life cycle.
The goal is to maintain the integrity of the stormwater system and minimize disruptions to our citizens and vehicular
traffic by using a Resin Impregnated Cured in Place Pipe slip lining method.
The rehabilitation of this pipe will maintain the current level of service for rainfall events and provide many more useful
years to this storm system.
Although Layne Inliner's was the only bid received on this project, they have been low bidder and successfully
completed other pipe lining projects for the City, including the 2010 Annual Pipe Lining contract which included 18,000
feet of pipe lining. Staff has compared the unit prices to similar projects in the area and the prices are reasonable.
Sufficient funding is available in Capital Improvement Program project 0315-96124, Storm Pipe System
Improvements.
Type:Capital expenditure
Current Year Budget?:Yes Budget Adjustment:No
Budget Adjustment Comments:
See summary
Current Year Cost:$338,833.00 Annual Operating Cost:
Not to Exceed:$338,833.00 Total Cost:$338,833.00
For Fiscal Year:2012 to 2013
Appropriation Code Amount Appropriation Comment
0315-96124-563700-539-
000-0000
$338,833.00 See summary
Bid Required?:Yes Bid Number:13-0022-EN
Other Bid / Contract:Bid Exceptions:None
Review
Approval:
1) Engineering 2) Financial Services 3) Office of Management and Budget 4) Legal 5) Clerk 6) Assistant City
Manager 7) City Manager 8) Clerk
Cover Memo
Item # 10
BID ITEMS UNIT QTY UNIT PRICE AMOUNT
BASE BID
1 Mobilization EA 1 2,000.00$ 2,000.00$
2 Maintenance of Traffic LS 1 1,200.00$ 1,200.00$
3 Sediment and Erosion Control LS 1 130.00$ 130.00$
4 Portable Project Sign EA 1 350.00$ 350.00$
5 Pre-Installation Video Inspection LS 1 600.00$ 600.00$
6 Light Cleaning 54" Pipe, LF 860 2.50$ 2,150.00$
7
Furnish and Install 54" RICIPP Lining (27mm
Nominal Thickness)LF 860 350.00$ 301,000.00$
8 Post- Installation Video Inspection LS 1 600.00$ 600.00$
308,030.00$
30,803.00$
338,833.00$
ALTERNATE BID ITEMS
HILLCREST PIPE LINING PROJECT 13-0022-EN
BID OPENING: AUGUST 8, 2013 AWARD DATE: SEPTEMBER 5, 2013
LAYNE INLINER, LLC
2531 JEWETT LANE
SANFORD, FLORIDA
SUB TOTAL
10% CONTINGENCY
TOTAL BASE BID
ALTERNATE BID ITEMS
9 Medium Cleaning 54" Pipe LF 860 4.00$ 3,440.00$
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²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com
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Document Path: V:\GIS\Engineering\Location Maps\Hillcrest Pipe Lining 2013\Hillcrest_Pipe_Lining_2013.mxd
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Work Session
Council Chambers - City Hall
Meeting Date:9/3/2013
SUBJECT / RECOMMENDATION:
Approve additional funding to the United States Army Corp of Engineers (USACE) in the amount of $870,000 for the Stevenson Creek
Estuary Restoration Project. (consent)
SUMMARY:
The City entered into a Project Partnership Agreement (PPA) with the USACE in August of 2008 and to date has
provided a total of $3,263,399.68 in funding.
The City received a request for an additional $870,000 in August of 2013 bringing the total City share to
$4,133,399.68.
This funding request is $534,000 for USACE staff contract administration, $260,000 for hauling additional material to
the disposal site and $76,000 for contingency.
Sufficient budget is available in Capital Improvement Program project 0315-96129, Stevenson Creek Estuary
Restoration.
Type:Capital expenditure
Current Year Budget?:Yes Budget Adjustment:No
Budget Adjustment Comments:
See summary
Current Year Cost:$870,000 Annual Operating Cost:
Not to Exceed:$870,000 Total Cost:$870,000
For Fiscal Year:2012 to 2013
Appropriation Code Amount Appropriation Comment
0315-96129-563700-539-
000-0000
$870,000 See summary
Bid Required?:No Bid Number:
Other Bid / Contract:Bid Exceptions:None
Review
Approval:
1) Engineering 2) Financial Services 3) Office of Management and Budget 4) Legal 5) Clerk 6) Assistant City
Manager 7) City Manager 8) Clerk
Cover Memo
Item # 11
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Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com
RestorationProject
JB TM 1"=600 '260A 03-29s-15e08/14/201 3Map Gen By:Reviewed By:S-T-R:Grid #:Date:Scale :
Stevenson Creek Estuary AquaticEcosystem Restoration Project
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Document Path: V:\GIS\Engineering\Location Maps\Stevenson Creek Restoration Project.mxd
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Item # 11
Work Session
Council Chambers - City Hall
Meeting Date:9/3/2013
SUBJECT / RECOMMENDATION:
Award a contract (purchase order) to General Chemical, of Parsippany, NJ for the purchase of Liquid Aluminum Sulfate in the amount
of $370,320.23 during the contract period October 1, 2013 through September 30, 2016, being the lowest, most responsive bid for BID
23-13, and authorize the appropriate officials to execute same. (consent)
SUMMARY:
Liquid Aluminum Sulfate is used in the Northeast, East, and Marshall Street Water Reclamation Facilities (WRF) to
maintain regulatory compliance with the City’s Florida Department of Environmental Protection (FDEP) operating permits.
The bid was advertised on June 28, 2013, and five bids were received on Thursday, July 18, 2013. The lowest responsible
bidder is General Chemical with a bid price of $179.00 per dry ton for the first year with a total estimated bid amount of
$370,320.23 for the three-year period. The contract is renewable up to two additional years for a mutually-agreeable
annually adjusted price in accordance with the Producer Price Index Series WPU0613020T Hydrochloric and Sulfuric Acid
and WPU0630209 Aluminum Compounds.
This item is a request for the approval of a three-year contract, assuming a 5% increase over the contract period dependent
upon PPI increases, not to exceed $370,320.23. The recommended contract will replace our current BPO BR506806 with
General Chemical that expires September 30, 2013, for Liquid Aluminum Sulfate (Alum) at $214.72/ dry ton. The new bid
represents approximately a 17% reduction in cost for the first year.
Sufficient budget is available in the Water and Sewer Utility Fund operating cost center 0421-01351-551000-535-000-0000,
WPC Operations, to fund Fiscal Year 2013/2014 in the amount of $117,468.74 and is planned in the budget request to be
brought forward for Fiscal Year 2014/2015 in the amount of $123,342.19, and is planned in the budget request to be
brought forward for Fiscal Year 2015/2016 in the amount of $129,509.30.
Type:Operating Expenditure
Current Year Budget?:Yes Budget Adjustment:No
Budget Adjustment Comments:
Current Year Cost:$117,468.74 Annual Operating Cost:
Not to Exceed:Total Cost:$370,320.23
For Fiscal Year:FY13 to FY16
Appropriation Code Amount Appropriation Comment
0421-01351-551000-535-
000-0000
$117,468.74 FY13/14
0421-01351-551000-535-
000-0000
$123,342.19 FY14/15
Cover Memo
Item # 12
0421-01351-551000-535-
000-0000
$129,509.30 FY15/16
Bid Required?:Yes Bid Number:23-13
Other Bid / Contract:Bid Exceptions:None
Review
Approval:
1) Office of Management and Budget 2) Legal 3) Clerk 4) Purchasing 5) Clerk 6) Assistant City Manager 7) City
Manager 8) Clerk
Cover Memo
Item # 12
CITY OF CLEARWATERBID 23-13 - LIQUID ALUMINUM SULFATEBID OPENED: 7/18/2013 - 11:00 AMBID TABULATIONGENERAL CHEMICAL GEO SPECIALITY CHEMICALS C & S CHEMICALS THATCHER CHEMICAL PARSIPPANY, NJLITTLE ROCK, ARMARIETTA, GEORGIASALT LAKE CITY, UT ITEMDESCRIPTIONQUANTITYUNIT PRICETOTAL PRICE UNIT PRICETOTAL PRICEUNIT PRICETOTAL PRICEUNIT PRICETOTAL PRICE 1 LIQUID ALUMINUM SULFATE 800 179.00$ 143,200.00$ 442.21$ 353,768.00$ 188.94$ 151,152.00$ 181.68$ 145,344.00$ DRY TONS DELIVERY TIME:1-2 DAYS ARO 2-3 DAYS ARO 2-3 DAYS ARO 2-3 DAYS AROPAYMENT TERMS:NET 30 NET 30 DAYS NET 30 NET 30 DAYS HARCROSS CHEMICALSTAMPA, FLORIDA ITEMDESCRIPTIONQUANTITYUNIT PRICETOTAL PRICE 1 LIQUID ALUMINUM SULFATE 800 418.94$ 335,152.00$ DRY TONS DELIVERY TIME:3-7 DAYS AROPAYMENT TERMS:NET 30 SUMMARY OF BID 23-13:BIDS SOLICITED 6BIDS RECEIVED 5 ADVERTISED: TAMPA BAY TIMES 7/5/2013NO BID RESPONSE 0NO BID 0 myclearwater.com 6/28/2013 - 7/18/2013
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Work Session
Council Chambers - City Hall
Meeting Date:9/3/2013
SUBJECT / RECOMMENDATION:
Award a contract (Purchase Order) to Allied Universal Corp of Miami, from October 1, 2013 through September 30, 2014, with two
one-year renewal options, for a total of $380,000 for the first contract period, for Liquid Sodium Hypochlorite, and authorize the
appropriate officials to execute same. (consent)
SUMMARY:
Liquid Sodium Hypochlorite (bleach) is used as a disinfectant at the City of Clearwater’s three Potable Water Treatment
Plants, three Water Reclamation Facilities, and three Reclaimed water pump stations.
On September 22, 2010, City Council approved the award of Sodium Hypochlorite to Odyssey Manufacturing (Agenda Item
9.20). This award was for a one-year contract with two annual renewal options. The last one-year renewal, blanket
purchase orders BR506807 and BR506783, is expiring September 30, 2013.
This request is to replace blanket purchase orders BR506807 and BR506783 (Bid 22-13) for a one-year period, starting
October 1, 2013 through September 30, 2014.
Per new regulations from the Department of Environmental Protection (DEP), specifically the Ground Water Rule (GWR),
the City is required to treat all in coming raw groundwater.
The most responsible bidder in response to RFP 22-13 is Allied Universal with a price of $0.478 per gallon, which is a
reduction in price of $0.207 per gallon (prior contract price was $0.685 per gallon), with a total estimated bid amount of $
380,000 for the first year. If the parties agree to renew, the new price for the second period shall be the base price
multiplied by the cumulative change in the Bureau of Labor Statistics Producer Price Index (PPI) for the period October 1,
2014 through September 30, 2015. If the parties agree to renew for the third period, the new price shall be the price in the
first renew period multiplied by the cumulative change in the (PPI) for the period October 1, 2015 through September 30,
2016.
Sufficient budget is available in the Water and Sewer Utility Fund operating cost center 0421-01351-551000-535-000-0000,
WET Operations, to fund Fiscal Year 13/14 in the amount of $259,000.00 and is planned in the budget request to be
brought forward for Fiscal Year 14/15 in the amount of $271,000.00, and is planned in the budget request to be brought
forward for Fiscal Year 15/16 in the amount of $284,600.00 and in the Water and Sewer Utility Fund operating cost center
0421-02053-551000-533-000-0000, Water Plant Operations, to fund Fiscal Year 13/14 in the amount of $121,000.00 and is
planned in the budget request to be brought forward for Fiscal Year 14/15 in the amount of $126,500.00, and is planned in
the budget request to be brought forward for Fiscal Year 15/16 in the amount of $132,800.00.
Type:Operating Expenditure
Current Year Budget?:Yes Budget Adjustment:None
Budget Adjustment Comments:
Current Year Cost:$380,000.00 Annual Operating Cost:
Not to Exceed:Total Cost:$1,194,900.00
For Fiscal Year:2013 to 2016
Cover Memo
Item # 13
Appropriation Code Amount Appropriation Comment
0421-01351-551000-535-
000-0000
$259,000.00 FY13/14
0421-02053-551000-533-
000-0000
$121,000.00 FY13/14
0421-01351-551000-535-
000-0000
$555,600.00 FY 14/15 & 15/16
0421-02053-551000-533-
000-0000
$259,300.00 FY 14/15 & 15/16
Bid Required?:Yes Bid Number:RFP 22-13
Other Bid / Contract:Bid Exceptions:None
Review
Approval:
1) Financial Services 2) Office of Management and Budget 3) Legal 4) Clerk 5) Purchasing 6) Clerk 7) Assistant City
Manager 8) City Manager 9) Clerk
Cover Memo
Item # 13
CITY OF CLEARWATER
BID 22-13 - LIQUID SODIUM HYPOCHLORITE
BID OPENED: 7/12/2013 - 11:00 AM
BID TABULATION
ALLIED UNIVERSAL CORP.
MIAMI, FLORIDA
ITEM DESCRIPTION QUANTITY PRICE/GALLON
1 LIQUID SODIUM HYPOCHLORITE 1 LOT 0.478$
DELIVERY TIME: 1-2 WORK DAYS
PAYMENT TERMS: NET 30 DAYS
SUMMARY OF BID 22-13:
BIDS SOLICITED 4
BIDS RECEIVED 1
NO BID RESPONSE 2
NO BID 1
ADVERTISED: TAMPA BAY TIMES 6/28/2013
myclearwater.com 6/21/2013 - 7/12/2013
Attachment number 1 \nPage 1 of 1
Item # 13
Work Session
Council Chambers - City Hall
Meeting Date:9/3/2013
SUBJECT / RECOMMENDATION:
Appoint one member to the Clearwater Housing Authority Board with term to expire September 30, 2017 and reappoint Jan Moss for a term to
expire September 30, 2017.
SUMMARY:
APPOINTMENT WORKSHEET
BOARD: Clearwater Housing Authority
TERM: 4 years
APPOINTED BY:Mayor, Approved by City Council
FINANCIAL DISCLOSURE: Required
RESIDENCY REQUIREMENT: City of Clearwater
SPECIAL QUALIFICATIONS: One member must
be a Public Housing Resident (effective 10/1/84)
MEMBERS: 5
CHAIRPERSON: Deborah Woodard
MEETING DATES: 4th Friday, 9:00 a.m. (Every other month)
PLACE: TheVincent Building, 908 Cleveland Street, Clearwater, FL 33755
APPTS. NEEDED: 2
THE FOLLOWING ADVISORY BOARD MEMBER HAS A TERM WHICH EXPIRES AND NOW REQUIRES
REPLACEMENT BY A NEW APPOINTEE:
Robert Aude – 1719 Brentwood Dr., 33756 – Original Appointment 12/5/91
Interest in Reappointment: No (5th term expires 9/30/13)
THE NAMES BELOW ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE VACANCY. CHA IS
RECOMMENDING MR. JEFFERY SMITH BE APPOINTED TO FILL THE VACANT SEAT.
1. Trevor Leigh Davison – 2724 Via Murano #629, 33764 – Property Management
2. John B. Johnson – 3237 San Pedro St., 33759 – Business/Ins.
3. Jeffery W. Smith – 2925 Eagle Estates Circle S., 33761 – Principal/Remodeling Constr./Arch. Business
THE FOLLOWING ADVISORY BOARD MEMBER ALSO HAS A TERM WHICH EXPIRES AND NOW REQUIRES
REAPPOINTMENT FOR A NEW TERM. MS. MOSS IS FINISHING HER 1ST TERM AND IS WILLING TO BE
REAPPOINTED.
Jan Moss – 1102 S. Missouri Ave., Apt. 311, 33756 – Original Appointment 9/3/09
(1 absence in the past year)
Interest in Reappointment: Yes (1st term expires 9/30/13)
Zip codes current members on board:
1 at 33756
1 at 33759
1 at 33761
1 at 33764
1 at 33767
Review Approval:1) Clerk 2) City Manager 3) Clerk
Cover Memo
Item # 14
Name:
CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS
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Home Address:
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h- Zip 33-1 (.Y-
Telephone: 1 S-4 - (c(,; L S
Cell Phone: 9 SA{ - (O G S s CS
Office Address:
Zip
Telephone:
E -mail Address: +rt-•‘or \ c 1 c+ v socc E 3 ts4ACA «M
How long a resident of Clearwater? 4 le vcS
Occupation: Qfok-x-A Nekoo.5 &r rV Employer:
Field of Education:
If retired, former occupation:
ci+fr)T Et-PP.)
Community Activities: atat vva*t / "
J
Other Interests:
Board Service (current and past):
Additional Comments:
Other Work Experience:
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Board Preference:
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Signed: Date:
See attached list for boards that require financial disclosure at time of appointment. Please return
this application and board questionnaire to the Official Records & Legislative Services Department, P.
O. Box 4748, Clearwater, FL 33758 -4748, or drop off your application at City Hall, 2nd Floor, 112 S.
Osceola Avenue.
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 # 14
BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and responsibilities?
er s. ax.cl e- fit, (Nnco(Nol..e ctekuiwaTer
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2. Have you ever observed a board meeting either in person or on C -View, the City's TV station?
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3. What background and /or qualifications do you have that you feel would qualify you to serve on
this Board?
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tiwot,1/4.if 1)M1Afirk5 Y`I.on ,e tiF Co'N` M.O.
4. Why do you want to serve on this Board?
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Board Name: Ci.ts rNo•A C( J' AlS r J
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Attachment number 1 \nPage 2 of 2
Item # 14
CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS
RECENED
Name: it/ / 7-7;%//
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JAR 0 6 2612
Home Address: Office Address:
3a 3 7 . A./7 PAvio ' oFFicit r.
LIECVAIVE
k6 Zip 337 51 Zip
Telephone: o?G.G { Telephone:
Cell Phone: k/ E-mail Address:
How long a resident of Clearwater?
Occupation: ,r ?( -! f (BA,'S7 d Employer:2 its
Field of Education: Other Work Experience:
If retired, former occupation:,"P AzH4l`S . c l s• g
Community Activities: .s /OtR et T/)f./c A N -- em/ 4,,
Other Interests: 6="",.. .
Board Service (current and past): Board Preference:
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Additional Comments:et-7y rriq k Y.5%-; '! 6 A/
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Signature: 0 i Date: it9 A.—//
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 2 \nPage 1 of 2
Item # 14
BOARD QUESTIONNAIRE
is your understanding of the board's duties and responsibilities?1. What s yo g p
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2. Have you ever observed a board meeting either in person or on C-View, the City's TV station?
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3. What background and/or qualifications do you have that you feel would qualify you to serve on
this Board?
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r
4. Why do you want to serve on this Board?
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Name: 41/.;...
Board Na
Attachment number 2 \nPage 2 of 2
Item # 14
Name:
Home Address
2925 Eagle Estates Circle S
CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS
must be Clearwater resident)
Jeffery W. Smith
Clearwater FL
Telephone: 727-796-0732
Cell Phone: 727-639-3788
Zip 33761
How long a resident of Clearwater?
Occupation: Principal
Field of Education:
Golden High School
Office Address:
748 Broadway, Suite 202
Dunedin FL
Telephone: 727-785-4441
Zip 34698
E-mail Address:Jsmith(&audesmith.com
35 years
Employer: Aude-Smith Architecture, Inc AIA
Other Work Experience:
10 years of new home and remodelind construction
30 years in the Architectural business
If retired, former occupation:
Community Activities: None at this time
Other Interests:
Board Service (current and past): Board Preference:
Clearwater Housing Authority Board
Additional Comments: With my experience in new and used housing for 30 years and my exposure to
the construction industry, I think I can be an asset to the Board.
Signature: Date:
See attached list for boards that require financial disclosure at time of appointment. Please return this
application and board questionnaire to the Official Records & Legislative Services Department, P. 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 PP.CR
Declaration of Domicile filed with the city clerk affirming residency within city limits
C771C'IALREC0
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Attachment number 3 \nPage 1 of 2
Item # 14
BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and responsibilities?
Public housing, affordable housing, and Section 8. Attend Board meetings and study policies,
procedures, and sub-committees.
2. Have you ever observed a board meeting either in person or on C-View, the City's TV station?
No
3. What background and/or qualifications do you have that you feel would qualify you to serve on
this Board?
As an owner or partner in two architectural firms and a construction company, 1 bring a number of
qualifications in design, function, budget, master planning, and livability to my background.
4. Why do you want to serve on this Board?
Through my experience in Architecture and Construction, I can be a help to the community. I am
looking for an opportunity to better serve our community.
Name: Jeffery W. Smith
Board Name: Clearwater Housing Authority Board
Attachment number 3 \nPage 2 of 2
Item # 14
CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS
must be Clearwater resident)
Name: Jan Moss
Home Address: Office Address:
1102 S. Missouri Ave. Apt. 311 (same)
Clearwater, Florida Zip 33756 Zip
Telephone: 727 -439 -2715 Telephone:
Cell Phone: 727 - 439 -2715 E -mail Address:
JUL 2 9 2613
How long a resident of Clearwater? 12 years ,
Occupation: Freelance Writer Employer: Self
Field of Education: Other Work Experience:
B.A. in Journalism St. Petersburg College, writing instructor, staff_
If retired, former occupation:
Community Activities:
Other Interests:
Board Service (current and past): Board Preference:
2009 - 2013 Clearwater Housing Authority
Additional Comments:
DateLE4_ 1 /S
i
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 4 \nPage 1 of 2
Item # 14
BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and responsibilities? To help set policy and
achieve the vision of the Clearwater Housing Authority with integrity, loyalty, knowledge,
and respect for members of the board, staff, residents, and community.
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 the board of the Clearwater Housing Authority for a term of almost four years
and 1 am familiar with the processes and procedures of the board. 1 continue to be fully
committed to achieving the board's vision to offer affordable, safe, and dignified housing to
the residents of Clearwater.
4. Why do you want to serve on this Board?
It is the most rewarding work 1 have ever done. As the resident commissioner and a graduate
of the CHA Self- sufficiency Program, I have experience the process from the perspective of
the residents we serve and can bring my experience to the table.
Name: Jan Moss
Board Name: Clearwater Housing Authority
Attachment number 4 \nPage 2 of 2
Item # 14
Work Session
Council Chambers - City Hall
Meeting Date:9/3/2013
SUBJECT / RECOMMENDATION:
Reappoint Councilmember Doreen Hock-DiPolito to serve as the City's representative on the Pinellas County Metropolitan Planning
Organization with term to expire on September 12, 2017. (consent)
SUMMARY:
Review Approval:1) Clerk
Cover Memo
Item # 15
Work Session
Council Chambers - City Hall
Meeting Date:9/3/2013
SUBJECT / RECOMMENDATION:
Appoint a councilmember to the Tampa Bay Regional Planning Council (TBRPC) to replace Councilmember Doreen Hock-DiPolito.
SUMMARY:
Review Approval:1) Clerk
Cover Memo
Item # 16
Work Session
Council Chambers - City Hall
Meeting Date:9/3/2013
SUBJECT / RECOMMENDATION:
Authorize the City Attorney to hire Jeffrey Hinds, Esq. of Smolker, Bartlett, Schlosser, Loeb and Hinds, P.A. to represent the City in the case of
David and Aileen Bair v. City of Clearwater for the initial amount of $40,000.00 and authorize the appropriate officials to execute same.
(consent)
SUMMARY:
On or about April 2001, the Plaintiffs submitted a building application to Planning and Development to remodel their property
in Island Estates. Because the property is below the 100-year flood elevation and is located in a "V" flood zone, the
Community Development Code requires any "substantial improvements" to existing structures to comply with the flood
damage-resistance provisions, including that the structure be elevated. "Substantial Improvement is defined as the
"reconstruction, rehabilitation, addition or other improvement of a structure during a one-year period, the cost of which equals
or exceeds 50 percent of the market value of the structure before the start of the construction of the improvement.
The Building Official required the Plaintiffs to submit a non-substantial improvement application and related materials
demonstrating that the work was not a substantial improvement. The City initially issued a building permit in July 2011 and
Plaintiffs began work in August of that year. The City then placed a Stop Work Order on the property because Building
determined that in fact the work constituted a substantial improvement. The Plaintiffs appealed this determination to the
Building/Flood Board of Adjustment and Appeals; the Board ruled in favor of the City. The Plaintiffs did not further appeal
the Board’s decision to Circuit Court, but instead began the process, which resulted in the filing of this lawsuit.
The Plaintiffs’ suit has two counts, one under the Bert J. Harris, Jr. Private Property Rights Protection Act and a second for
Equitable Estoppel. The Plaintiffs claim that they have lost market value on their property due to their partial demolition of
the structure in alleged reliance on the issuance of the permit and due to their alleged inability to complete the renovations.
The City has pleaded a number of defenses to the action.
The City Attorney is seeking authorization to assign defense of this case to Jeffrey Hinds, Esq. of Smolker, Bartlett, Schlosser,
Loeb & Hinds, P.A. The initial budget is estimated at $40,000, which is available in the City Attorney's Office Professional
Services Budget.
Type:Operating Expenditure
Current Year Budget?:Yes Budget Adjustment:No
Budget Adjustment Comments:
Current Year Cost:$40,000 Annual Operating Cost:
Not to Exceed:Total Cost:
For Fiscal Year:10012012 to 09302013
Appropriation Code Amount Appropriation Comment
010-09600-530100-514-000-
0000
40,000
Review Approval:1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk
Cover Memo
Item # 17
LEGAL SERVICES AGREEMENT
THIS AGREEMENT is made on the ____ day of __________, 2009, by and
between the CITY OF CLEARWATER, FLORIDA, P.O. Box 4748, Clearwater,
Florida, 33758-4748 (the "City") and Jeffrey Hinds, Esq., Smolker, Bartlett,
Schlosser, Loeb & Hinds, 500 E. Kennedy Blvd., Suite 200, Tampa, FL 33602
(“Counsel”).
W I T N E S S E T H:
WHEREAS, the City wishes to retain a firm to serve as Counsel in the
following matter:
David Bair and Aileen Bair v. City of Clearwater, Case No. 13-
002750-CI, Uniform Case No. 522013CA002750XXCICI
NOW, THEREFORE, in consideration of the promises and mutual
covenants herein contained, the parties hereto do hereby agree as follows:
SECTION 1. AUTHORIZATION TO PROCEED AS COUNSEL. Counsel is
hereby authorized to provide services as described in this Agreement and for the
professional fees described in this Agreement.
SECTION 2. SCOPE OF SERVICES. Counsel hereby agrees to provide its
professional services for the following matter: Representation of the City of
Clearwater in David Bair and Aileen Bair v. City of Clearwater.
SECTION 3. PROFESSIONAL FEES FOR SERVICES. The City and
Counsel agree to a rate of $250.00 per hour for attorney services and a rate of
$90.00 per hour for paralegal services for Smolker, Bartlett, Schlosser, Loeb &
Hinds.
SECTION 4. TERM. This Agreement will be effective commencing
September 6, 2013.
SECTION 5. COMPENSABLE EXPENSES. Reimbursement of expenses
shall be made by the City to the firm for reasonable out-of-pocket expenses as
determined by the City Attorney without markup, including but not limited to long
distance calls and facsimiles, copying or reproducing documents, postage, court
costs, parking costs and travel incurred by Counsel in performance of the duties
Attachment number 1 \nPage 1 of 3
Item # 17
[LT13-1430-038/132085/1]
2
hereunder. Travel and per diem costs as well as auto travel expenses shall not
exceed that which is available to City of Clearwater employees.
SECTION 6. INDEMNIFICATION AND INSURANCE. Counsel agrees to
protect, defend, indemnify and hold the City and its officers, employees and agents
free and harmless from and against any and all losses, penalties, damages,
settlements, costs, charges, professional fees or other expenses or liabilities of
every kind and character arising out of or due to any negligent act or omission of
Counsel or its employees in connection with or arising directly or indirectly out of
this Agreement and/or the performance hereof. Without limiting its liability under
this Agreement, Counsel shall procure and maintain during the life of this
Agreement professional liability insurance in the amount of $1,000,000. This
provision shall survive the termination of this Agreement.
SECTION 7. CONFLICT OF INTEREST. It is understood by the City and
Counsel that Counsel is not aware of any clients of the firm that currently present
any conflict between the interests of the City and other clients of Counsel. If any
potential conflict of interest arises during the time Counsel is representing the City,
Counsel will promptly inform the City. The City is under no obligation to agree to
permit the conflict representation.
SECTION 8. CONSTRUCTION AND AMENDMENTS. This Agreement
shall be governed by and construed in accordance with the laws of the State of
Florida. This Agreement may be amended only by a writing duly entered into by
the City and Counsel.
SECTION 9. COURT REPORTER SERVICES. D & D Reporting Services
is the City Attorney’s Office’s preferred vendor for all court reporter services,
including the use of court reporter services by the City’s outside counsel. Counsel
agrees to use D & D Reporting Services whenever possible.
SECTION 10. CANCELLATION OF AGREEMENT. The City or Counsel
may cancel or terminate this Agreement upon ten days advance written notice to
Counsel. In the event of cancellation, Counsel shall immediately cease work
hereunder and shall be reimbursed for eligible and documented reimbursable
expenses incurred prior to the date of cancellation. Further, it is understood and
agreed between the City and Counsel that Jeffrey L. Hinds, Esquire, will be the lead
attorney assigned by the firm to provide the services contained herein. The City in
its absolute discretion may immediately terminate this Agreement upon written
notice to the firm if the services of this attorney are unavailable to the City.
SECTION 11. ATTORNEYS FEES. In the event that either party seeks to
enforce this Agreement through attorneys at law, then the parties agree that each
Attachment number 1 \nPage 2 of 3
Item # 17
[LT13-1430-038/132085/1]
3
party shall bear its own costs and that jurisdiction for such an action shall be in a
court of competent jurisdiction in Pinellas County, Florida.
IN WITNESS WHEREOF, the City and Counsel have executed this
Agreement as of the date first written above.
Countersigned: CITY OF CLEARWATER,
FLORIDA
___________________________ By:________________________
George N. Cretekos William B. Horne II
Mayor City Manager
Approved as to form: Attest:
___________________________ __________________________
Pamela K. Akin Rosemarie Call
City Attorney City Clerk
SMOLKER, BARTLETT,
SCHLOSSER, LOEB & HINDS
__________________________
By: Jeffrey L. Hinds, Esquire
Attachment number 1 \nPage 3 of 3
Item # 17
Work Session
Council Chambers - City Hall
Meeting Date:9/3/2013
SUBJECT / RECOMMENDATION:
Authorize the City Attorney to hire Alan Zimmet, Esq. of Bryant Miller Olive to represent the city in the matter of Petersen and
Spatuzzi v. City, and authorize the appropriate officials to execute a Legal Services Agreement. (consent)
SUMMARY:
The City has been sued by Peterson (a resident of Waters Edge) and Spatuzzi (a resident of Pierce 100).
Their complaint seeks declaratory and injunctive relief in the form of a ruling (1) that the ballot question that seeks to authorize a long
term lease of the “bluff” where city hall is presently located to the Clearwater Marine Aquarium is misleading and fails to comport to
statutory requirements, (2) that the memorandum of understanding between the City and CMA constitutes an unlawful pledge of credit
by a municipality to a private entity, and (3) that the proposed aquarium does not serve a valid municipal purpose, and that, therefore,
the City cannot place the referendum question on the ballot in the upcoming general election.
The City Attorney seeks authorization to assign defense of this case to Alan Zimmet, Esq., of Bryant, Miller, Olive.
The initial budget is estimated at $40,000.00, which is available in the City Attorney's Professional Services Budget.
Type:Operating Expenditure
Current Year Budget?:Yes Budget Adjustment:No
Budget Adjustment Comments:
Current Year Cost:$40,000 Annual Operating Cost:
Not to Exceed:Total Cost:
For Fiscal Year:10012012 to 09302013
Appropriation Code Amount Appropriation Comment
010-09600-530100-514-
000-0000
$40,000
Review Approval:1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk
Cover Memo
Item # 18
LEGAL SERVICES AGREEMENT
THIS AGREEMENT is made on the ____ day of __________, 2013, by and
between the CITY OF CLEARWATER, FLORIDA, P.O. Box 4748, Clearwater, Florida
33758-4748 (the "City") and ALAN ZIMMET, ESQ., Bryant Miller Olive, One Tampa City
Center, 201 N. Franklin St., Suite 2700, Tampa, FL 33602 ("Counsel").
W I T N E S S E T H:
WHEREAS, the City wishes to retain Counsel to provide Attorney Services in the
matter of Thomas Petersen and Inge Spatuzzi v. City of Clearwater and Deborah Clark.
NOW, THEREFORE, in consideration of the promises and mutual covenants
herein contained, the parties hereto do hereby agree as follows:
SECTION 1. AUTHORIZATION TO PROCEED AS COUNSEL. Counsel is hereby
authorized to provide attorney services as described in and for the professional fees
described in this Agreement.
SECTION 2. SCOPE OF SERVICES. Counsel hereby agrees to provide attorney
services as follows: Representation of the City of Clearwater in the matter of Thomas
Petersen and Inge Spatuzzi v. City of Clearwater and Deborah Clark, Case No. 13-
008224-CI.
SECTION 3. TERM. This Agreement will be effective September 6, 2013 and will
continue until terminated in accordance with Section 9 herein.
SECTION 4. PROFESSIONAL FEES FOR SERVICES. The City and Counsel
agree to a rate of $250.00 per hour for attorney services.
SECTION 5. COMPENSABLE EXPENSES. Reimbursement of expenses shall
be made by the City to Counsel for reasonable out-of-pocket expenses as determined by
the City without markup, including but not limited to long distance calls and facsimiles,
postage, court costs, parking costs and travel incurred by Counsel in performance of the
duties hereunder. Travel and per diem costs as well as auto travel expenses shall not
exceed that which is available to City of Clearwater employees. The City will reimburse
Counsel for photocopies at the statutory rate of $0.15 per single-sided page and $0.20 per
double-sided page.
SECTION 6. INDEMNIFICATION AND INSURANCE. Counsel agrees to protect,
defend, indemnify and hold the City and its officers, employees and agents free and
harmless from and against any and all losses, penalties, damages, settlements, costs,
charges, professional fees or other expenses or liabilities of every kind and character
arising out of or due to any negligent act or omission of Counsel, its employees, agents
Attachment number 1 \nPage 1 of 3
Item # 18
[LT13-9100-035/132083/1]
2
and subcontractors in connection with or arising directly or indirectly out of this Agreement
and/or the performance hereof. Without limiting its liability under this Agreement, Counsel
shall procure and maintain during the life of this Agreement professional liability insurance
in an amount of $2,000,000. This provision shall survive the termination of this
Agreement.
SECTION 7. CONFLICT OF INTEREST. It is understood by the City and Counsel
that Counsel is not aware of any clients of the firm that currently present any conflict
between the interests of the City and other clients of Counsel. If any potential conflict of
interest arises during the time Counsel is representing the City, Counsel will promptly
inform the City. The City is under no obligation to agree to permit the conflict
representation.
SECTION 8. CONSTRUCTION AND AMENDMENTS. This Agreement shall be
governed by and construed in accordance with the laws of the State of Florida. This
Agreement may be amended only by a writing duly entered into by the City and Counsel.
SECTION 9. CANCELLATION OF AGREEMENT. The City may cancel or
terminate this Agreement upon ten days advance written notice to Counsel. In the event
of cancellation, Counsel shall immediately cease work hereunder and shall be reimbursed
for eligible and documented reimbursable expenses incurred prior to the date of
cancellation.
IN WITNESS WHEREOF, the City and Counsel have executed this Agreement as
of the date first written above.
THE CITY OF CLEARWATER
By: _____________________________
George N. Cretekos
Mayor
Approved as to form: Attest:
______________________________ ___________________________________
Pamela K. Akin Rosemarie Call
City Attorney City Clerk
Attachment number 1 \nPage 2 of 3
Item # 18
[LT13-9100-035/132083/1]
3
Attest: ALAN ZIMMET, ESQ.
BRYANT MILLER OLIVE
______________________________ ___________________________________
Attachment number 1 \nPage 3 of 3
Item # 18
Work Session
Council Chambers - City Hall
Meeting Date:9/3/2013
SUBJECT / RECOMMENDATION:
Adopt Ordinance 8424-13 on second reading, annexing certain real property whose post office address is 3030 Union Street into the
corporate limits of the city and redefining the boundary lines of the city to include said addition.
SUMMARY:
Review Approval:
Cover Memo
Item # 19
Ordinance No. 8424 -13
ORDINANCE NO. 8424-13
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, ANNEXING CERTAIN REAL PROPERTY
LOCATED ON THE NORTH SIDE OF UNION STREET
APPROXIMATELY 640 FEET WEST OF MCMULLEN
BOOTH DRIVE, CONSISTING OF A PORTION OF THE
WEST ½ OF THE SOUTHWEST ¼ OF THE SOUTHWEST
¼ OF SECTION 33, TOWNSHIP 28 SOUTH, RANGE 16
EAST, WHOSE POST OFFICE ADDRESS IS 3030 UNION
STREET, INTO THE CORPORATE LIMITS OF THE CITY,
AND REDEFINING THE BOUNDARY LINES OF THE CITY
TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the owner of the real property described herein and depicted on the
map attached hereto as Exhibit 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 Exhibit A (ANX2013-04008)
The map attached as Exhibit B 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.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Attachment number 1 \nPage 1 of 2
Item # 19
Ordinance No. 8424 -13
________________________________
George N. Cretekos
Mayor
Approved as to form: Attest:
___________________________ _____________________________
Leslie K. Dougall-Sides Rosemarie Call
Assistant City Attorney City Clerk
Attachment number 1 \nPage 2 of 2
Item # 19
EXHIBIT A
LEGAL DESCRIPTION
A PORTION OF THE WEST ½ OF THE SOUTHWEST ¼ OF THE SOUTHWEST ¼ OF SECTION 33, TOWNSHIP
28 SOUTH, RANGE 16 EAST, PINELLAS COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF THE SOUTHWEST ¼ OF THE SOUTHWEST ¼ OF SAID
SECTION 33; THENCE ALONG THE WEST BOUNDARY LINE OF SAID SOUTHWEST ¼, NORTH 00°19’40”
WEST, A DISTANCE OF 33.00 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF UNION STREET AS
IT NOW EXISTS FOR A POINT OF BEGINNING; THENCE CONTINUE ALONG SAID WEST BOUNDARY LINE,
NORTH 00°19’40” WEST, A DISTANCE OF 1,142.45 FEET; THENCE NORTH 89°56’26” EAST, A DISTANCE OF
667.27 TO THE EAST BOUNDARY LINE OF THE WEST ½ OF THE SOUTHWEST ¼ OF THE SOUTHWEST ¼ OF
SAID SECTION 33; THENCE ALONG SAID EAST BOUNDARY LINE, SOUTH 00°17’48” EAST, A DISTANCE OF
1,143.88 FEET TO SAID NORTH RIGHT-OF-WAY LINE; THENCE ALONG SAID NORTH RIGHT-OF-WAY LINE,
SOUTH 89°56’09” WEST, A DISTANCE OF 666.66 FEET TO THE POINT OF BEGINNING.
THE ABOVE DESCRIBED PARCEL CONTAINS 17.50 ACRES MORE OR LESS.
(CLOSES 0.006’ J.M.M.)
Attachment number 2 \nPage 1 of 1
Item # 19
Attachment number 3 \nPage 1 of 1
Item # 19
Work Session
Council Chambers - City Hall
Meeting Date:9/3/2013
SUBJECT / RECOMMENDATION:
Adopt Ordinance 8425-13 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 3030 Union Street, upon annexation into the City of
Clearwater, as Residential Suburban (RS) and water/drainage feature.
SUMMARY:
Review Approval:
Cover Memo
Item # 20
Ordinance No. 8425-13
ORDINANCE NO. 8425-13
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
NORTH SIDE OF UNION STREET APPROXIMATELY 640 FEET
WEST OF MCMULLEN BOOTH DRIVE, CONSISTING OF A
PORTION OF THE WEST ½ OF THE SOUTHWEST ¼ OF THE
SOUTHWEST ¼ OF SECTION 33, TOWNSHIP 28 SOUTH,
RANGE 16 EAST, WHOSE POST OFFICE ADDRESS IS 3030
UNION STREET, UPON ANNEXATION INTO THE CITY OF
CLEARWATER, AS RESIDENTIAL SUBURBAN (RS) AND
WATER/ DRAINAGE FEATURE; 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 Exhibit A Residential Suburban (RS) and
Water/Drainage
(ANX2013-04008) Feature
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.
Section 3. This ordinance shall take effect immediately upon adoption, contingent upon
and subject to the adoption of Ordinance No. 8424-13.
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 1 \nPage 1 of 1
Item # 20
EXHIBIT A
LEGAL DESCRIPTION
A PORTION OF THE WEST ½ OF THE SOUTHWEST ¼ OF THE SOUTHWEST ¼ OF SECTION 33, TOWNSHIP
28 SOUTH, RANGE 16 EAST, PINELLAS COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF THE SOUTHWEST ¼ OF THE SOUTHWEST ¼ OF SAID
SECTION 33; THENCE ALONG THE WEST BOUNDARY LINE OF SAID SOUTHWEST ¼, NORTH 00°19’40”
WEST, A DISTANCE OF 33.00 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF UNION STREET AS
IT NOW EXISTS FOR A POINT OF BEGINNING; THENCE CONTINUE ALONG SAID WEST BOUNDARY LINE,
NORTH 00°19’40” WEST, A DISTANCE OF 1,142.45 FEET; THENCE NORTH 89°56’26” EAST, A DISTANCE OF
667.27 TO THE EAST BOUNDARY LINE OF THE WEST ½ OF THE SOUTHWEST ¼ OF THE SOUTHWEST ¼ OF
SAID SECTION 33; THENCE ALONG SAID EAST BOUNDARY LINE, SOUTH 00°17’48” EAST, A DISTANCE OF
1,143.88 FEET TO SAID NORTH RIGHT-OF-WAY LINE; THENCE ALONG SAID NORTH RIGHT-OF-WAY LINE,
SOUTH 89°56’09” WEST, A DISTANCE OF 666.66 FEET TO THE POINT OF BEGINNING.
THE ABOVE DESCRIBED PARCEL CONTAINS 17.50 ACRES MORE OR LESS.
(CLOSES 0.006’ J.M.M.)
Attachment number 2 \nPage 1 of 1
Item # 20
Ordinance No. 8425-13
ORDINANCE NO. 8425-13
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
NORTH SIDE OF UNION STREET APPROXIMATELY 640 FEET
WEST OF MCMULLEN BOOTH DRIVE, CONSISTING OF A
PORTION OF THE WEST ½ OF THE SOUTHWEST ¼ OF THE
SOUTHWEST ¼ OF SECTION 33, TOWNSHIP 28 SOUTH,
RANGE 16 EAST, WHOSE POST OFFICE ADDRESS IS 3030
UNION STREET, UPON ANNEXATION INTO THE CITY OF
CLEARWATER, AS RESIDENTIAL SUBURBAN (RS) AND
WATER/ DRAINAGE FEATURE; 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 Exhibit A Residential Suburban (RS) and
Water/Drainage
(ANX2013-04008) Feature
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.
Section 3. This ordinance shall take effect immediately upon adoption, contingent upon
and subject to the adoption of Ordinance No. 8424-13.
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 1
Item # 20
Work Session
Council Chambers - City Hall
Meeting Date:9/3/2013
SUBJECT / RECOMMENDATION:
Adopt Ordinance 8426-13 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office
address is 3030 Union Street, upon annexation into the City of Clearwater, as Low Density Residential (LDR).
SUMMARY:
Review Approval:
Cover Memo
Item # 21
Ordinance No. 8426-13
ORDINANCE NO. 8426-13
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY
BY ZONING CERTAIN REAL PROPERTY LOCATED ON
THE NORTH SIDE OF UNION STREET APPROXIMATELY
640 FEET WEST OF MCMULLEN BOOTH DRIVE,
CONSISTING OF A PORTION OF THE WEST ½ OF THE
SOUTHWEST ¼ OF THE SOUTHWEST ¼ OF SECTION
33, TOWNSHIP 28 SOUTH, RANGE 16 EAST, WHOSE
POST OFFICE ADDRESS IS 3030 UNION STREET, UPON
ANNEXATION INTO THE CITY OF CLEARWATER, AS
LOW DENSITY RESIDENTIAL (LDR); PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the assignment of a zoning district classification as set forth in this
ordinance is found to be reasonable, proper and appropriate, and is consistent with the
City's comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The following described property located in Pinellas County, Florida, is
hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning
atlas of the City is amended, as follows:
Property Zoning District
See Exhibit A for legal description Low Density
Residential (LDR)
(ANX2013-04008)
The map attached as Exhibit B 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. 8424-13
PASSED ON FIRST READING ___________________________
PASSED ON SECOND AND FINAL ___________________________
READING AND ADOPTED
Attachment number 1 \nPage 1 of 2
Item # 21
Ordinance No. 8426-13
_______________________________
George N. Cretekos
Mayor
Approved as to form: Attest:
__________________________ ______________________________
Leslie K. Dougall-Sides Rosemarie Call
Assistant City Attorney City Clerk
Attachment number 1 \nPage 2 of 2
Item # 21
EXHIBIT A
LEGAL DESCRIPTION
A PORTION OF THE WEST ½ OF THE SOUTHWEST ¼ OF THE SOUTHWEST ¼ OF SECTION 33, TOWNSHIP
28 SOUTH, RANGE 16 EAST, PINELLAS COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF THE SOUTHWEST ¼ OF THE SOUTHWEST ¼ OF SAID
SECTION 33; THENCE ALONG THE WEST BOUNDARY LINE OF SAID SOUTHWEST ¼, NORTH 00°19’40”
WEST, A DISTANCE OF 33.00 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF UNION STREET AS
IT NOW EXISTS FOR A POINT OF BEGINNING; THENCE CONTINUE ALONG SAID WEST BOUNDARY LINE,
NORTH 00°19’40” WEST, A DISTANCE OF 1,142.45 FEET; THENCE NORTH 89°56’26” EAST, A DISTANCE OF
667.27 TO THE EAST BOUNDARY LINE OF THE WEST ½ OF THE SOUTHWEST ¼ OF THE SOUTHWEST ¼ OF
SAID SECTION 33; THENCE ALONG SAID EAST BOUNDARY LINE, SOUTH 00°17’48” EAST, A DISTANCE OF
1,143.88 FEET TO SAID NORTH RIGHT-OF-WAY LINE; THENCE ALONG SAID NORTH RIGHT-OF-WAY LINE,
SOUTH 89°56’09” WEST, A DISTANCE OF 666.66 FEET TO THE POINT OF BEGINNING.
THE ABOVE DESCRIBED PARCEL CONTAINS 17.50 ACRES MORE OR LESS.
(CLOSES 0.006’ J.M.M.)
Attachment number 2 \nPage 1 of 1
Item # 21
Attachment number 3 \nPage 1 of 1
Item # 21
Work Session
Council Chambers - City Hall
Meeting Date:9/3/2013
SUBJECT / RECOMMENDATION:
Adopt Ordinance 8427-13 on second reading, annexing certain real property whose post office address is 3030 Union Street [smaller
parcel] into the corporate limits of the city and redefining the boundary lines of the city to include said addition.
SUMMARY:
Review Approval:
Cover Memo
Item # 22
Ordinance No. 8427-13
ORDINANCE NO. 8427-13
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, ANNEXING CERTAIN REAL PROPERTY
LOCATED ON THE NORTH SIDE OF UNION STREET
APPROXIMATELY 640 FEET WEST OF MCMULLEN
BOOTH DRIVE, CONSISTING OF A PORTION OF THE
WEST ½ OF THE SOUTHWEST ¼ OF THE SOUTHWEST
¼ OF SECTION 33, TOWNSHIP 28 SOUTH, RANGE 16
EAST, WHOSE POST OFFICE ADDRESS IS 3030 UNION
STREET [SMALLER PARCEL], 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 Exhibit A for legal description
(ANX2013-05011)
The map attached as Exhibit B 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.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Attachment number 1 \nPage 1 of 2
Item # 22
Ordinance No. 8427-13
________________________________
George N. Cretekos
Mayor
Approved as to form: Attest:
___________________________ _____________________________
Leslie K. Dougall-Sides Rosemarie Call
Assistant City Attorney City Clerk
Attachment number 1 \nPage 2 of 2
Item # 22
EXHIBIT A
A PORTION OF THE WEST ½ OF THE SOUTHWEST ¼ OF THE SOUTHWEST ¼ OF SECTION 33, TOWNSHIP
28 SOUTH, RANGE 16 EAST, PINELLAS COUNTY, FLORIDA BEING MORE PARTICULALRLY DESCRIBED AS
FOLLWS:
COMMENCE AT THE SOUTHWEST CORNER OF THE SOUTHWEST ¼ OF THE SOUTHWEST ¼ OF SAID
SECTION 33; THENCE ALONG THE WEST BOUNDARY LINE OF SAID SOUTHWEST ¼, NORTH 00°19’40”
WEST, A DISTANCE OF 1,175.45 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE ALONG SAID
WEST BOUNDARY LINE, NORTH 00°19’40” WEST, A DISTANCE OF 117.00 FEET; THENCE NORTH
89°56’26” EAST, A DISTANCE OF 667.33 TO THE EAST BOUNDARY LINE OF THE WEST ½ OF THE
SOUTHWEST ¼ OF THE SOUTHWEST ¼ OF SAID SECTION 33; THENCE ALONG SAID EAST BOUNDARY LINE,
SOUTH 00°17’48” EAST, A DISTANCE OF 117.00 FEET; THENCE SOUTH 89°56’26” WEST, A DISTANCE OF
667.27 FEET TO THE POINT OF BEGINNING.
THE ABOVE DESCRIBED PARCEL CONTAINS 1.79 ACRES MORE OR LESS.
Attachment number 2 \nPage 1 of 1
Item # 22
Attachment number 3 \nPage 1 of 1
Item # 22
Work Session
Council Chambers - City Hall
Meeting Date:9/3/2013
SUBJECT / RECOMMENDATION:
Adopt Ordinance 8428-13 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 3030 Union Street [smaller parcel], upon annexation into the
City of Clearwater, as Residential Suburban (RS).
SUMMARY:
Review Approval:
Cover Memo
Item # 23
Ordinance No. 8428-13
ORDINANCE NO. 8428 -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
NORTH SIDE OF UNION STREET APPROXIMATELY 640 FEET
WEST OF MCMULLEN BOOTH DRIVE, CONSISTING OF A
PORTION OF THE WEST ½ OF THE SOUTHWEST ¼ OF THE
SOUTHWEST ¼ OF SECTION 33, TOWNSHIP 28 SOUTH,
RANGE 16 EAST, WHOSE POST OFFICE ADDRESS IS 3030
UNION STREET [SMALLER PARCEL], UPON ANNEXATION
INTO THE CITY OF CLEARWATER, AS RESIDENTIAL
SUBURBAN (RS); 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 Exhibit A for legal description Residential Suburban (RS)
(ANX2013-05011)
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.
Section 3. This ordinance shall take effect immediately upon adoption, contingent upon
and subject to the adoption of Ordinance No. 8427-13.
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 1 \nPage 1 of 1
Item # 23
EXHIBIT A
A PORTION OF THE WEST ½ OF THE SOUTHWEST ¼ OF THE SOUTHWEST ¼ OF SECTION 33, TOWNSHIP
28 SOUTH, RANGE 16 EAST, PINELLAS COUNTY, FLORIDA BEING MORE PARTICULALRLY DESCRIBED AS
FOLLWS:
COMMENCE AT THE SOUTHWEST CORNER OF THE SOUTHWEST ¼ OF THE SOUTHWEST ¼ OF SAID
SECTION 33; THENCE ALONG THE WEST BOUNDARY LINE OF SAID SOUTHWEST ¼, NORTH 00°19’40”
WEST, A DISTANCE OF 1,175.45 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE ALONG SAID
WEST BOUNDARY LINE, NORTH 00°19’40” WEST, A DISTANCE OF 117.00 FEET; THENCE NORTH
89°56’26” EAST, A DISTANCE OF 667.33 TO THE EAST BOUNDARY LINE OF THE WEST ½ OF THE
SOUTHWEST ¼ OF THE SOUTHWEST ¼ OF SAID SECTION 33; THENCE ALONG SAID EAST BOUNDARY LINE,
SOUTH 00°17’48” EAST, A DISTANCE OF 117.00 FEET; THENCE SOUTH 89°56’26” WEST, A DISTANCE OF
667.27 FEET TO THE POINT OF BEGINNING.
THE ABOVE DESCRIBED PARCEL CONTAINS 1.79 ACRES MORE OR LESS.
Attachment number 2 \nPage 1 of 1
Item # 23
Attachment number 3 \nPage 1 of 1
Item # 23
Work Session
Council Chambers - City Hall
Meeting Date:9/3/2013
SUBJECT / RECOMMENDATION:
Adopt Ordinance 8429-13 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office
address is 3030 Union Street [smaller parcel], upon annexation into the City of Clearwater, as Low Density Residential (LDR).
SUMMARY:
Review Approval:
Cover Memo
Item # 24
Ordinance No. 8429-13
ORDINANCE NO. 8429-13
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY
BY ZONING CERTAIN REAL PROPERTY LOCATED ON
THE NORTH SIDE OF UNION STREET APPROXIMATELY
640 FEET WEST OF MCMULLEN BOOTH DRIVE,
CONSISTING OF A PORTION OF THE WEST ½ OF THE
SOUTHWEST ¼ OF THE SOUTHWEST ¼ OF SECTION
33, TOWNSHIP 28 SOUTH, RANGE 16 EAST, WHOSE
POST OFFICE ADDRESS IS 3030 UNION STREET
[SMALLER PARCEL], UPON ANNEXATION INTO THE CITY
OF CLEARWATER, AS LOW DENSITY RESIDENTIAL
(LDR); PROVIDING AN EFFECTIVE DATE.
WHEREAS, the assignment of a zoning district classification as set forth in this
ordinance is found to be reasonable, proper and appropriate, and is consistent with the
City's comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The following described property located in Pinellas County, Florida, is
hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning
atlas of the City is amended, as follows:
Property Zoning District
See Exhibit A for legal description Low Density
Residential (LDR)
(ANX2013-05011)
The map attached as Exhibit B 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. 8427-13
PASSED ON FIRST READING ___________________________
PASSED ON SECOND AND FINAL ___________________________
READING AND ADOPTED
Attachment number 1 \nPage 1 of 2
Item # 24
Ordinance No. 8429-13
_______________________________
George N. Cretekos
Mayor
Approved as to form: Attest:
__________________________ ______________________________
Leslie K. Dougall-Sides Rosemarie Call
Assistant City Attorney City Clerk
Attachment number 1 \nPage 2 of 2
Item # 24
EXHIBIT A
A PORTION OF THE WEST ½ OF THE SOUTHWEST ¼ OF THE SOUTHWEST ¼ OF SECTION 33, TOWNSHIP
28 SOUTH, RANGE 16 EAST, PINELLAS COUNTY, FLORIDA BEING MORE PARTICULALRLY DESCRIBED AS
FOLLWS:
COMMENCE AT THE SOUTHWEST CORNER OF THE SOUTHWEST ¼ OF THE SOUTHWEST ¼ OF SAID
SECTION 33; THENCE ALONG THE WEST BOUNDARY LINE OF SAID SOUTHWEST ¼, NORTH 00°19’40”
WEST, A DISTANCE OF 1,175.45 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE ALONG SAID
WEST BOUNDARY LINE, NORTH 00°19’40” WEST, A DISTANCE OF 117.00 FEET; THENCE NORTH
89°56’26” EAST, A DISTANCE OF 667.33 TO THE EAST BOUNDARY LINE OF THE WEST ½ OF THE
SOUTHWEST ¼ OF THE SOUTHWEST ¼ OF SAID SECTION 33; THENCE ALONG SAID EAST BOUNDARY LINE,
SOUTH 00°17’48” EAST, A DISTANCE OF 117.00 FEET; THENCE SOUTH 89°56’26” WEST, A DISTANCE OF
667.27 FEET TO THE POINT OF BEGINNING.
THE ABOVE DESCRIBED PARCEL CONTAINS 1.79 ACRES MORE OR LESS.
Attachment number 2 \nPage 1 of 1
Item # 24
Attachment number 3 \nPage 1 of 1
Item # 24
Work Session
Council Chambers - City Hall
Meeting Date:9/3/2013
SUBJECT / RECOMMENDATION:
Adopt Ordinance 8434-13 on second reading, amending the Zoning Atlas of the city by rezoning certain real property whose post office
address is 1515 South Highland Avenue from Office (O) to Medium Density Residential (MDR).
SUMMARY:
Review Approval:
Cover Memo
Item # 25
Ordinance No. 8434-13
ORDINANCE NO. 8434-13
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE ZONING ATLAS OF THE CITY BY REZONING
CERTAIN PROPERTY LOCATED ON THE SOUTHEAST
CORNER OF NURSERY ROAD AND SOUTH HIGHLAND
AVENUE, CONSISTING OF A PORTION OF THE SOUTHWEST
¼ OF SECTION 23, TOWNSHIP 29 SOUTH, RANGE 15 EAST,
WHOSE POST OFFICE ADDRESS IS 1515 SOUTH HIGHLAND
AVENUE; FROM OFFICE (O) TO MEDIUM DENSITY
RESIDENTIAL (MDR); PROVIDING AN EFFECTIVE DATE.
WHEREAS, the amendment to the zoning atlas of the City as set forth in this ordinance is
found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive
Plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following described property in Clearwater, Florida, is hereby rezoned, and
the zoning atlas of the City is amended as follows:
Property Zoning District
See Exhibit “A” From: Office (O)
(REZ2013-05003) To: Medium Density
Residential (MDR)
The map attached as Exhibit B is hereby incorporated by reference.
Section 2. The City Engineer is directed to revise the zoning atlas of the City in
accordance with the foregoing amendment.
Section 3. This ordinance shall take effect immediately upon adoption, subject to a
determination by the State of Florida, as appropriate, of compliance with the applicable
requirements of the Local Government Comprehensive Planning and Land Development
Regulation Act, pursuant to § 163.3189, Florida Statutes.
PASSED ON FIRST READING _____________________________
PASSED ON SECOND AND FINAL _____________________________
READING AND ADOPTED
___________________________________
George N. Cretekos
Mayor
Approved as to form: Attest:
______________________________ ___________________________________
Leslie K. Dougall-Sides Rosemarie Call
Assistant City Attorney City Clerk
Attachment number 1 \nPage 1 of 1
Item # 25
EXHIBIT A
A parcel of land in the SW 1/4 of Section 23, Township 29 South, Range 15 East, Pinellas County, Florida,
being more particularly described as follows:
Commence at the Northeast corner of the SE ¼ of the SW ¼ of said Section 23, and go North 89°07’57”
West, 800.38 feet, along the North boundary of the SE ¼ of the SW ¼ of said Section 23, also being the
centerline of Nursery Road, to the Point of Beginning; thence South 00°21’70” East, 360.44 feet; thence
South 89°40’43” West, 263.09 feet; thence South 00°19’17” East, 211.81 feet; thence South 89°40’43”
West, 245.00 feet to a point on the East right-of-way line of Highland Avenue; thence North 00°19’17”
West, 582.79 feet along said East right-of-way line to a point on the North boundary of the SE ¼ of the
SW ¼ of said Section 23, also being the centerline of Nursery Road; thence South 89°07’57” East, 507.95
feet along said North boundary (the centerline of Nursery Road) to the Point of Beginning. LESS: Right of
Way for Nursery Road.
Together with Reciprocal Easement, Restrictions, and Operation Agreement recorded in Official Records
Book 8324, Page 831, as amended by instrument recorded in Official Records Book 8428, Page 2327, of
the Public Records of Pinellas County, Florida.
Attachment number 2 \nPage 1 of 1
Item # 25
Attachment number 3 \nPage 1 of 1
Item # 25
Work Session
Council Chambers - City Hall
Meeting Date:9/3/2013
SUBJECT / RECOMMENDATION:
Adopt Ordinance 8438-13 on second reading, making amendments to Beach By Design: A Preliminary Design for Clearwater Beach
and Design Guidelines by amending Section II, Future Land Use, Subsection C. The “Marina District,” to reference the standards to
which the public boardwalk must comply; and by adopting the Marina District Boardwalk Design Guidelines and Specifications.
SUMMARY:
Review Approval:
Cover Memo
Item # 26
1 Ordinance No. 8438-13
ORDINANCE NO. 8438-13
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA MAKING AMENDMENTS TO BEACH BY
DESIGN: A PRELIMINARY DESIGN FOR CLEARWATER
BEACH AND DESIGN GUIDELINES; BY AMENDING
SECTION II. FUTURE LAND USE, SUBSECTION C. THE
“MARINA DISTRICT,” TO REFERENCE THE STANDARDS
TO WHICH THE PUBLIC BOARDWALK MUST COMPLY;
BY ADOPTING THE MARINA DISTRICT BOARDWALK
DESIGN GUIDELINES AND SPECIFICATIONS IN EXHIBIT
A; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Clearwater Beach is a major contributor to the economic health of
the City overall and the City desires to support the tourism industry; and
WHEREAS, the Marina District is the northern gateway to Clearwater Beach and
has a high profile location along Clearwater Harbor and visibility from Causeway
Boulevard; and
WHEREAS, it is the desire of the City to attract people to the district and create a
pleasant pedestrian environment; and
WHEREAS, there is a need to define the guidelines and specifications for the
construction of the public boardwalk in the Marina District; and
WHEREAS, the design specifications are delineated in a separate document
entitled “Marina District Boardwalk Design Guidelines and Specifications”; and
WHEREAS, the proposed amendments to Beach by Design have been
submitted to the Community Development Board acting as the Local Planning Authority
(LPA) for the City of Clearwater; and
WHEREAS, the Local Planning Agency (LPA) for the City of Clearwater held a
duly noticed public hearing and found that amendments to Beach by Design are
consistent with the Clearwater Comprehensive Plan and the Clearwater Community
Development Code; and
WHEREAS, Beach By Design was originally adopted on February 15, 2001, and
subsequently amended, now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Attachment number 1 \nPage 1 of 2
Item # 26
2 Ordinance No. 8438-13
Section 1. Beach by Design: A Preliminary Design for Clearwater Beach and
Design Guidelines, Section II, Subsection C. Height Incentives and Required Public
Amenities, is amended as follows:
Development located on Clearwater Harbor utilizing a height bonus as outlined in the
table below must provide to the City of Clearwater a 15 foot wide boardwalk constructed
within a 20-foot public access easement adjacent to the seawall, either over the water
or on the land as determined by the City. Any non-waterfront parcel using the height
bonus shall contribute financially to the Papaya and Baymont Street streetscape or the
public boardwalk, in a manner determined by the City. The public boardwalk shall be
built according to the adopted Marina District Boardwalk Design Guidelines and
Specifications.
Section 2. ” Marina District Boardwalk Design Guidelines and Specifications”
attached hereto as Exhibit “A” are hereby adopted.
Section 3. The City Manager or designee shall forward said plan to any
agency required by law or rule to review or approve same.
Section 4. Should any part or provision of this Ordinance be declared by a
court of competent jurisdiction to be invalid, the same shall not affect the validity of the
Ordinance as a whole, or any part thereof other than the part declared to be invalid; and
Section 5. This ordinance shall take effect immediately upon 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 1 \nPage 2 of 2
Item # 26
Clearwater Marina District Boardwalk Design Guidelines and Specifications
July 2013
City of Clearwater | Planning & Development Department | Municipal Services Building, 1st Floor 100 S. Myrtle Ave. Clearwater, FL 33756
Property owners required to construct the new public boardwalk as a result of
the development approval process are responsible for constructing a continu-
ous portion of public boardwalk along the length of their property as indicated
herein. Property owners adjacent to public entrances to the public boardwalk
must also address, integrate and transition to the public entrances. Public
boardwalk and transitions requiring environmental engineering for permitting
will be the responsibility of the property owner. Environmental engineering re-
quired for the public plazas will be the City’s responsibility.
Private property transitions including any and all stairs, ramps, railings, or con-
tinuation of decking from or transitioning to the public boardwalk or public
entrances shall be accessible. All work shall be consistent with these guide-
lines and must be consistent in fit and finish, complementary to the new pub-
lic boardwalk and its entrances. All phases of design documents shall be sub-
mitted to the City of Clearwater for review, comment and approval by the
City’s Parks & Recreation Department.
The City of Clearwater - Parks and Recreation Department shall be responsible
for maintaining the constructed public boardwalk up to the private property
owners adjacent property upon acceptance the boardwalk is constructed to
the satisfaction of the Parks & Recreation Department and after the one year
warranty construction period is completed and walk though acceptance by
the City of Clearwater – Parks and Recreation Department.
LEGEND
PUBLIC ENTRANCE
TO BOARDWALK
PUBLIC PLAZA
BOARDWALK
SIDEWALK
NORTH LIMIT
Figure 1 - Scope of Boardwalk & Sidewalk Guidelines
General Information:
The Clearwater Marina District Board-
walk Design Guidelines and Specifi-
cations, adopted by Ordinance No.
8438-13, should be considered a
supplemental document to the City
of Clearwater’s special area plan
Beach by Design: A Preliminary De-
sign for Clearwater Beach and De-
sign Guidelines. It shall guide con-
struction of the public boardwalk
along Clearwater Harbor from Bay-
mont Street south to the southern
boundary of the District terminating at
a public plaza adjacent to the public
parking lot north of Memorial Cause-
way.
This document provides specific re-
quirements regarding the design
and construction of the public board-
walk on private property, as well as
the public entrances to be con-
structed by the City of Clearwater at
Papaya and Baymont Streets and the
public plaza to be constructed by the
City of Clearwater adjacent to the
public parking lot north of Memorial
Causeway.
Where feasible the boardwalk should
be constructed completely over the
water rather than on uplands. Excep-
tions may be granted on properties
adjacent to the public entrances at
Papaya and Baymont Streets or when
a hardship prevents construction over
the water.
Public entrances and sidewalks
should incorporate all required street-
scaping standards identified within
the Beach by Design document. The
sidewalk along East Shore Drive and
the sidewalk from the public plaza to
the east/west sidewalk at Memorial
Causeway should be provided as
indicated herein.
The boardwalk and sidewalk shall be
compliant with all governing codes
and regulations including compliance
with the Florida American with Disabili-
ties Act Accessibility Guidelines.
0 100 300 600
Attachment number 2 \nPage 1 of 9
Item # 26
Clearwater Marina District Boardwalk Design Guidelines and Specifications
July 2013
City of Clearwater | Planning & Development Department | Municipal Services Building, 1st Floor 100 S. Myrtle Ave. Clearwater, FL 33756
Page 2
Figure 2 - East Shore Drive Sidewalk Section Diagram
PROPERTY LINE LOCATION VARIES
BOARDWALK 15’ WIDE MIN. LOCATED ENTIRELY OVER
WATER EITHER UP TO SEAWALL CAP OR AWAY FROM SEAWALL CAP SEE FIG-URES 6 & 7 FOR ADDITIONAL DETAILS
Figure 3 - Boardwalk Section Diagram
PROPERTY LINE SETBACK
PALM SPACED 30’ MAXIMUM ON CENTER. 10’ CLEAR TRUNK REQ.
22’ DUKE ENERGY SANIBEL LIGHT FIXTURE
EAST SHORE DRIVE RIGHT OF WAY
18’ SETBACK FROM
FACE OF SEAWALL
5’ LANDSCAPE BUFFER
5’ SIDEWALK EASEMENT
5’ RIGHT OF WAY, CLEAR FROM BACK OF CURB
PROPERTY LINE LOCATION VARIES
CONTINUE RAILING AT BOARDWALK ENDS. TO BE REMOVED BY FUTURE BOARDWALK DEVELOPERS IN
ORDER TO CONTINUE BOARDWALK
18’ SETBACK FROM FACE OF SEAWALL
Figure 4 - Boardwalk Section Diagram with ends
Sidewalk Requirements: (East Shore Drive)
As shown in Figure 1 & 2 and as stated within the Beach by
Design guidelines, a 10 foot wide (clear and starting from
the street curb) pedestrian sidewalk along East Shore Drive
shall be provided. An easement shall be required as neces-
sary to provide this distance. The following sidewalk im-
provements shall be provided, including street lighting, trash
receptacles, landscaping & hardscaping material. All im-
provements shall not interrupt pedestrian movement along
the sidewalk.
Sidewalk finish material: coquina shell topping surface
Provide gray concrete sidewalk with broadcast coquina
shell topping
Lighting: Duke Energy’s 22’ Sanibel Light Fixture
Duke Energy’s High Pressure Sodium 100 watt, 9500 lu-
mens Sanibel Light Fixture, mounted 22 feet high and
spaced maximum 60 feet on center.
Trash receptacles: Bright Ideas Shop, FP6095-P—Jumbo
Waste Series
Provide trash receptacles along the sidewalk spaced 75’
on center and within the 5 foot sidewalk easement.
Landscaping:
Provide palm trees spaced at a maximum of 30’ on
center with 10’ of “clear trunk” base minimum. Accept-
able palm trees include Butia Capaitata (Pindo Palm) or
Butiagrus nabonnandii (Mule Palm)
Boat Dock Transitions: (to & from public boardwalk)
Any and all private or public boat docks, transitioning
to or from the public boardwalk shall be compliant
with all governing codes and regulations including
compliance with the Florida American with Disabilities
Act Accessibility Guidelines, the Pinellas County Water
& Navigation Code, including Section 166-325 Board-
walk and Observation Platforms on Commercial &
Multi-Use properties & Section166-332 Minimum Con-
struction Specification for all dock construction.
Attachment number 2 \nPage 2 of 9
Item # 26
Clearwater Marina District Boardwalk Design Guidelines and Specifications
July 2013
City of Clearwater | Planning & Development Department | Municipal Services Building, 1st Floor 100 S. Myrtle Ave. Clearwater, FL 33756
Page 3
Public Entrance Requirements: (At Papaya & Baymont Streets, drop off areas shall be provided)
There will be three public pedestrian oriented park plaza accesses to the boardwalk. Two located east of East Shore
Drive at Papaya Street and Baymont Streets. These street ends shall be converted from streets to public entry pedestrian
plazas to the boardwalk with vehicular drop off areas. At the southern end of the boardwalk a public pedestrian access
plaza shall be created east of the public parking lot and this plaza will connect to the sidewalk running east / west
along the Memorial Causeway Boulevard. Other improvements shall include sidewalk pathways leading to the board-
walk entrances, lighting, seating areas, trash receptacles, bicycle racks, water fountains, collapsible bollards, and land-
scaping & hardscaping. All improvements shall not interrupt pedestrian pathways.
Sidewalk finish material: coquina shell topping surface
Provide gray concrete sidewalk with broadcast coquina shell topping
Lighting: Duke Energy’s 22’ Sanibel Light Fixture
Provide lighting suitable for pedestrian pathways and seating areas.
Benches:
Provide benches at seating areas.
Trash receptacles: Bright Ideas Shop, FP6095-P—Jumbo Waste Series
Provide trash receptacles spaced equally and within 75’ of each other
Bicycle Racks: Bikeparking.com WCR02-SF Welle Circular surface mount. Color: Match existing bicycle racks.
Provide bicycle racks secured in accordance with manufacturer’s specifications. All bicycle rack materials including
fasteners shall be stainless steel 316 grade. Bike racks are not to be provided along East Shore Drive.
Water fountains: Manufacturer, Most Dependable Fountains, Mostdependablefountains.com, 10135 SMSS Chrome
Provide water fountains in accordance with manufacturer’s requirements. Fountain materials, including fasteners
shall be stainless steel 316 grade. Provide 3’ diameter dry well 2’ deep adjacent to fixture for water fountain drain-
age.
Bollards:
Provide powder coated, stainless steel 316 grade collapsible bollards at vehicular drop off areas to limit vehicular
access to pedestrian areas. Provide powder coating color sample to City of Clearwater for approval.
Landscaping:
Provide plant material at each public entry to the public boardwalk. All plant material shall meet Florida Grade #1
or better. Planting shall be performed in accordance with the Florida Nurserymen’s and Grower’s Landscape Asso-
ciation approved practices.
Acceptable landscape material:
a. Tree / Palms
i. 10’ Butia Capitata (Pindo Palm)
ii. 10’ Butiagrus nabonnandii (Mule Palm)
Iii 10’ Ligustrum japonicum
b. Shrub types
i. Muhlenbergia lindheimeril 3 gallon containers 18”-24” height planted 3’ on center
ii. Podacarpus macrophylla 3 gallon containers 18”-24” height planted 3’ on center
iii. llex species 3 gallon containers 18”-24” height planted 3’ on center
iiii. Grass species 3 gallon containers 18”-24” height planted 3’ on center
Attachment number 2 \nPage 3 of 9
Item # 26
Clearwater Marina District Boardwalk Design Guidelines and Specifications
July 2013
City of Clearwater | Planning & Development Department | Municipal Services Building, 1st Floor 100 S. Myrtle Ave. Clearwater, FL 33756
Page 4
Landscaping: (Continued)
c. Ground cover species
I. Trachelosperum asiaticum variegated – Variegated Asian Jasmine 1 gallon containers 10"-12” spread
planted 1' on center
II. Trachelosperum asiaticum green – Green Asian Jasmine 1 gallon containers 10"-12” spread planted 1' on
center
III. Arachis glabrata - Perennial Peanut 1 gallon containers 10"-12” spread planted 1' on center
Boardwalk Material Requirements:
This section contains the requirements related to boardwalk materials, including pile bents (wood pilings & piles caps),
wood piles, pile caps, wood stringers, composite decking, railings, lighting, and fasteners. Boardwalk must accommo-
date a 2000 lb vehicular live load. Furthermore requirements herein are meant to be consistent with Pinellas County
Water & Navigation Code, including Section 166-325 Boardwalk and Observation Platforms on Commercial & Multi-Use
properties & Section166-332 Minimum Construction Specification for all dock construction. Where discrepancies occur
the more restrictive requirements shall govern.
Boardwalk Timber Piles:
Provide Southern Yellow Pine piles in accordance with ASTM D 25. Piles shall be round timber that are unused, clean
peeled, and in one piece from butt to tip. Piles shall be pressure treated according to AWPA C3 and AWPA C18
standards for marine service conditions. Structural member sizes shall be determined by the applicant and/or appli-
cant’s representative, piles shall not be less than 8 inches in diameter and piles shall be penetrated not less than 8’
below mud line. Piles should be terminated below finished decking material not to exceed 10 feet above mean
high water levels.
Pile Wrapping:
All piles shall be wrapped with .060 mil/LF High Density Polyethylene pile wrapping material. Pile wrapping shall ex-
tend continuously from mud line to 2’ above mean high water line.
Pile Bents: (Pile and Pile cap)
Pile bents spacing should be determined by the applicant and/or applicant’s representative, not exceed 12’ on-
center. All pile bents shall have at a minimum 2” x 8” pile caps, bearing stringers to support deck joists. All intersec-
tions shall be bolted.
Pile Caps:
Pile caps shall be at a minimum 2” x 8” pressure treated lumber. All intersections shall be bolted.
Stringers:
Outside stringer systems shall be doubled 2” x 8” pressure treated lumber or greater. Provide 5/8” diameter stainless
steel bolts or greater to attach stringers to pilings. Intermediate stringers shall be single 2” x 8” pressure treated lum-
ber or greater spaced not less than 16” O.C. to accommodate light vehicular traffic. Not to exceed a live load of
2000 lbs. All structural member sizing, spacing and fastening requirements must be determined by the applicant
and/or applicant’s representative.
All Timber/Lumber:
Shall be pressure treated and rated for ground contact. All wood members, including pressure treated wood mem-
bers and all concealed wood members cladded with Trex Transcend composite decking material, shall be finished
at all surfaces with Sikkens Cetol Waterborne SRD Translucent Wood Finish in accordance with manufacturer’s re-
quirements. Pressure treated lumber must be fully cured (6 weeks) prior to receiving Sikkens treatment.
Fasteners:
All metal fasteners, including but not limited to, bolts, screws, and nails, etc. shall be stainless steel 316 grade. Only
316 grade stainless steel will be accepted. All bolts shall extend no further than 3 or 4 threads beyond nut fastener.
Decking: Trex Transcend 2” x 6” composite decking material. Deck Color 1: Gravel Path; Deck Color 2: Rope Swing
Install in accordance with manufacturer’s requirements. Decking should be cut to length and shall not extend to
outside stringer not to exceed more than 2” beyond. See sections and drawing diagrams contained within this
document.
Attachment number 2 \nPage 4 of 9
Item # 26
Clearwater Marina District Boardwalk Design Guidelines and Specifications
July 2013
City of Clearwater | Planning & Development Department | Municipal Services Building, 1st Floor 100 S. Myrtle Ave. Clearwater, FL 33756
Page 5
Boardwalk Material Requirements: (Continued)
Railing: Trex Transcend 2” x 6” composite decking material. Deck Color 1: Gravel Path; Deck Color 2: Rope Swing
Provide railings configured in accordance with sections, elevations, and details contained within this document. Only pro-
vide railings where required by applicable codes. Top rails shall not be less than 42” above finished walkway surface.
Benches: Trex Transcend 2” x 6” composite decking material. Deck Color 1: Gravel Path
Provide benches at public boardwalk configured in accordance with sections and details contained within this document.
Provide benches spaced every 40’-0” along the length of boardwalk walkway.
Lighting: Post mounted Stonelight, LED light fixtures. Color: Requires approval by City of Clearwater Parks & Recreation De-
partment. At Boardwalk walkways provide LED light fixtures integrally mounted to railing posts and as indicated at railing
elevation and section drawings. Provide LED light fixtures spaced every 12’ on center along both sides of boardwalk. Pro-
vide infrastructure as required.
Trash Receptacles: Bright Ideas Shop, FP6095-P - Jumbo Waste Series. Color: Match existing receptacles.
At Boardwalk walkways provide trash receptacles spaced every 120' on center along boardwalk adjacent to benches and
as dimensioned. Provide trash receptacles where indicated, see diagram contained within. All trash receptacles to re-
ceive a 316 stainless steel plate provided by the City of Clearwater - Parks & Recreation Department and shall be screwed
onto the top cap of trash receptacles to prevent cigarette burns.
Butia Capitata Pindo Palm
Butiagrus nabonnandii Mule Palm
Mostdependablefountains.com, 10135
SMSS Chrome, for use at entry nodes
Ligustrum japonicum
Bright Ideas Shop, Trash Receptacle FP6095-P, for use at
sidewalks, entry nodes, & at boardwalk
Bikeparking.com, WCR02-SF bicycle racks, for use at
entry nodes
Stonelight LED light fixture
Attachment number 2 \nPage 5 of 9
Item # 26
Clearwater Marina District Boardwalk Design Guidelines and Specifications July 2013 City of Clearwater | Planning & Development Department | Municipal Services Building, 1st Floor 100 S. Myrtle Ave. Clearwater, FL 33756 Figure 6 Typical Boardwalk Section at 1/2” = 1’-0” Scale Detail indicates when boardwalk engages seawall providing continuous walkway Page 6 Attachment number 2 \nPage 6 of 9
Item # 26
Clearwater Marina District Boardwalk Design Guidelines and Specifications July 2013 City of Clearwater | Planning & Development Department | Municipal Services Building, 1st Floor 100 S. Myrtle Ave. Clearwater, FL 33756 Figure 7 Typical Boardwalk Section at 1/2” = 1’-0” Scale Detail indicates when boardwalk is separated from seawall requiring railing at each side Page 7 Attachment number 2 \nPage 7 of 9
Item # 26
Clearwater Marina District Boardwalk Design Guidelines and Specifications July 2013 City of Clearwater | Planning & Development Department | Municipal Services Building, 1st Floor 100 S. Myrtle Ave. Clearwater, FL 33756 Figure 8 Typical Boardwalk Railing Elevation at 1/2” = 1’-0” Scale Page 8 Attachment number 2 \nPage 8 of 9
Item # 26
Clearwater Marina District Boardwalk Design Guidelines and Specifications July 2013 City of Clearwater | Planning & Development Department | Municipal Services Building, 1st Floor 100 S. Myrtle Ave. Clearwater, FL 33756 Figure 9 Typical Boardwalk Bench Detail at 1” = 1’-0” Scale Bench Section Detail Bench Section Detail Bench Plan Detail Page 9 Attachment number 2 \nPage 9 of 9
Item # 26
Work Session
Council Chambers - City Hall
Meeting Date:9/3/2013
SUBJECT / RECOMMENDATION:
Follow-up from August 14 Council Meeting
SUMMARY:
During Citizens to be Heard Regarding Items not on the Agenda, concerns were raised regarding the lights and bus stop on the
Memorial Causeway Bridge. Staff has determined the following:
* The lights on the side of the Sand Key Bridge that look like a necklace at night are purely decorative and do not have anything to do
with the roadway lights on the bridge. There are no lights of a comparable nature on the Memorial Causeway Bridge, as the state
generally does not do that to their bridges. There is no way to retrofit the Memorial Causeway Bridge for light installation due to the
design without spending a very large sum of money (probably in the six figures) due to the nature of the bridge structure with its
curvilinear piers.
* There is no dedicated PSTA bus lane and traffic is blocked traveling west. PSTA did not want dedicated lanes or pullouts.
Review Approval:1) Assistant City Manager 2) Clerk
Cover Memo
Item # 27
Work Session
Council Chambers - City Hall
Meeting Date:9/3/2013
SUBJECT / RECOMMENDATION:
Reschedule Work Session and Council Meetings - Councilmember Bill Jonson
SUMMARY:
Requesting consideration to reschedule council meetings as follows:
1.Move the November 21 council meeting to Wednesday, November 20. Councilmember Jonson was elected to the Florida League
of Cities Board of Directors, which is scheduled to meet on November 21.
2. Hold a council meeting only the week of October 14. The ACPT is scheduled to meet on October 14, which conflicts with the
scheduled work session at 1:00 pm. Suggestion being made is not to reschedule the work session and only have the council
meeting on Wednesday, October 16.
Review Approval:1) Clerk 2) City Manager 3) Clerk
Cover Memo
Item # 28
Work Session
Council Chambers - City Hall
Meeting Date:9/3/2013
SUBJECT / RECOMMENDATION:
CareFest Proclamation - Oasis Centro Cristiano, Pastor Joe Lugo
SUMMARY:
Review Approval:
Cover Memo
Item # 29
Work Session
Council Chambers - City Hall
Meeting Date:9/3/2013
SUBJECT / RECOMMENDATION:
Florida Works Day Proclamation - recipient Assistant City Manager Jill Silverboard, Florida Local Government Coalition (FLGC)
Steering Committee member.
SUMMARY:
Review Approval:
Cover Memo
Item # 30
Work Session
Council Chambers - City Hall
Meeting Date:9/3/2013
SUBJECT / RECOMMENDATION:
FFEA SunSational Awards - Brian Craig, Events and Athletics Coordinator
SUMMARY:
Review Approval:
Cover Memo
Item # 31