11/07/2013
City Council Agenda
Location: Council Chambers - City Hall
Date: 11/7/2013- 6:00 PM
Welcome. We are glad to have you join us. If you wish to speak, please wait to be recognized, then state your
name and address. Persons speaking before the City Council shall be limited to three (3) minutes unless
otherwise noted under Public Hearings. For other than Citizens to be heard regarding items not on the Agenda, a
spokesperson for a group may speak for three (3) minutes plus an additional minute for each person in the
audience that waives their right to speak, up to a maximum of ten (10) minutes. Prior to the item being
presented, please obtain the needed form to designate a spokesperson from the City Clerk (right-hand side of
dais). Up to thirty minutes of public comment will be allowed for an agenda item. No person shall speak more
than once on the same subject unless granted permission by the City Council. The City of Clearwater strongly
supports and fully complies with the Americans with Disabilities Act (ADA). Please advise us at least 48 hours
prior to the meeting if you require special accommodations at 727-562-4090. Assisted Listening Devices are
available. Kindly refrain from using beepers, cellular telephones and other distracting devices during the
meeting.
1. Call to Order
2. Invocation
3. Pledge of Allegiance
4. Presentations
4.1Yearly Introduction Nagano Teacher Mr. Shinji Tsukada - Felicia Leonard, Administrative Support
Manager
Attachments
4.2Suncoast Jazz Classic Weekend Proclamation - Joan Dragon, Director of the Suncoast Jazz Classic, Inc.
Attachments
4.3Pancreatic Cancer Awareness Month Proclamation - Jennifer Rorech, Pancreatic Cancer Action Network
Tampa Bay Advocacy Coordinator
Attachments
4.4Clearwater Night at Ruth Eckerd Hall - Michael Pastreich, Florida Orchestra, President
Attachments
5. Approval of Minutes
5.1Approve the minutes of the October 16, 2013 City Council Meeting as submitted in written summation by
the City Clerk.
Attachments
6. Citizens to be Heard re Items Not on the Agenda
Public Hearings - Not before 6:00 PM
7. Administrative Public Hearings
- Presentation of issues by City staff
- Statement of case by applicant or representative (5 min.)
- Council questions
- Comments in support or opposition (3 min. per speaker or 10 min
maximum as spokesperson for others that have waived their time)
- Council questions
- Final rebuttal by applicant or representative (5 min.)
- Council disposition
7.1Continue Development Agreement between Mainstream Partners VIII, LTD (the property owner) and the
City of Clearwater, providing for the allocation of 100 units from the Hotel Density Reserve to the
December 5, 2013 council meeting. (HDA2013-08004)
Attachments
7.2Approve the Development Agreement between Ted and Maria Lenart, Trustees of Lenart Family Trust
UTD December 20, 1991 (the property owner) and the City of Clearwater, providing for the allocation of
up to 69 units from the Hotel Density Reserve under Beach by Design with a change to the wording of
Section 6.1.3.2 of the Development Agreement from five years from approval of the Development
Agreement to one year for obtaining a site plan approval; adopt Resolution 13-31, and authorize the
appropriate officials to execute same. (HDA2013-08007)
Attachments
7.3Adopt Ordinance 8481-13 on second reading, amending the Community Development Code Division 24,
Public Art and Design Program, providing that private development projects are encouraged to
incorporate public art into each new development or renovation project, or in lieu thereof, donate money
into the City’s public art fund.
Attachments
7.4Adopt Ordinance 8410-13 on third reading, amending the future land use plan element of the
Comprehensive Plan to designate the land use for certain real property whose post office address is 2200
and 2251 Montclair Road, together with all of the right of way of Montclair Road, CR 584, lying in the
East ½ of the NE ¼ of Section 01, Township 29 South, Range 15 East, together with all of the right of
way of Montclair Road, CR 584, and Sunset Point Road, CR 576, lying in the NW ¼ of Section 06,
Township 29 South, Range 16 East, upon annexation into the City of Clearwater, as Residential Medium
(RM), Preservation (P), and Water/Drainage Feature, (Water).
Attachments
8. Quasi-judicial Public Hearings
-Staff states and summarizes reasons for recommendation (2 minutes)
- Applicant presents case, including its testimony and exhibits. Witness
may be cross-examined (15 minutes)
- Staff presents further evidence. May be cross-examined (10 minutes)
- Public comment (3 minutes per speaker or 10 minutes maximum as
spokesperson for others that have waived their time)
- Applicant may call witnesses in rebuttal (5 minutes)
- Conclusion by applicant (3 minutes)
- Decision
8.1Adopt Ordinance 8411-13 on third reading, amending the Zoning Atlas of the city by zoning certain real
property whose post office address is 2200 and 2251 Montclair Road, together with all of the right of way
of Montclair Road, CR 584, lying in the East ½ of the NE ¼ of Section 01, Township 29 South, Range 15
East, together with all of the right of way of Montclair Road, CR 584, and Sunset Point Road, CR 576,
lying in the NW ¼ of Section 06, Township 29 South, Range 16 East, upon annexation into the City of
Clearwater, as Medium High Density Residential (MHDR) and Preservation (P).
Attachments
City Manager Reports
9. Consent Agenda
9.1Approve an increase to Purchase Order 508627 with Florida Gas Contractors, Inc, in the amount of
$550,000, for the installation of natural gas mains and service lines, and authorize the appropriate officials
to execute same. (consent)
Attachments
9.2Authorize the renewal of contracts with Assurant and Humana for voluntary employee and retiree dental
insurance, from January 1, 2014 through December 31, 2014, and authorize the appropriate officials to
execute same. (consent)
Attachments
9.3Approve a proposal by Construction Manager at Risk, Keystone Excavators, Inc., of Oldsmar, Florida in
the amount of $250,000 for the construction of an 8-foot wide crushed shell trail and parking facilities at
Lake Chautauqua Equestrian and Nature Preserve and authorize the appropriate officials to execute same.
(consent)
Attachments
9.4Approve an agreement between the City of Clearwater and the School Board of Pinellas County, Florida
providing for the continuation of the School Resource Officer program at Clearwater High School,
Countryside High School and Oak Grove Middle School for a one-year period commencing July 1, 2013
through June 30, 2014 and authorize the appropriate officials to execute same. (consent)
Attachments
9.5Award a contract (purchase order) to Perkin Elmer Health Sciences Inc. of Shelton, CT, in the amount of
$138,199.00, in response to the City of Clearwater Public Utilities Laboratory’s request for purchase of a
NexION 300X ICP-MS System and authorize the appropriate officials to execute same. (consent)
Attachments
9.6Award a construction contract to Rowland, Inc of Pinellas Park, Florida, for Smallwood Circle Drainage
Improvements Project (11-0057-EN) and Edgewood Avenue Sanitary Sewer Improvements (10-0027-UT)
in the amount of $2,345,142.97, which is the lowest responsible bid received in accordance with plans and
specifications; approve Engineer of Record (EOR) Supplemental Work Orders to Cumbey and Fair in the
amount of $56,688.81 and King Engineering in the amount of $52,152 for limited Construction
Engineering Services (CES) and authorize the appropriate officials to execute same. (consent)
Attachments
10. Other Items on City Manager Reports
10.1Approve a senior exemption for long-term resident, low-income seniors under the criteria of Amendment
11 approved by the voters in November 2012 and pass Ordinance 8522-13 on first reading.
Attachments
10.2Establish enactment authority for economic development ad valorem tax exemption of real and tangible
personal property taxes for certain new businesses and expansions of certain existing businesses in
accordance with Florida Statute 196.1995 and pass Ordinance 8436-13 on first reading.
Attachments
10.3Support Shephard’s Beach Resort and Quality Beach Resort to start the permit process to restore and
stabilize the beaches behind their properties.
Attachments
10.4No Item
Attachments
10.5Appoint one member to the Neighborhood and Affordable Housing Advisory Board with term to expire
November 30, 2017 and reappoint Ms. Linda Kemp for another term to expire November 30, 2017.
Attachments
10.6 Amend Section 30.020 of the Clearwater Code of Ordinances to establish procedures for hearings before a
local hearing officer for red light camera violations, and pass Ordinance 8479-13 on first reading.
Attachments
Miscellaneous Reports and Items
11. City Manager Verbal Reports
11.1City Manager Verbal Reports
Attachments
12. Closing Comments by Mayor
13. Adjourn
City Council Agenda
Council Chambers - City Hall
Meeting Date:11/7/2013
SUBJECT / RECOMMENDATION:
Yearly Introduction Nagano Teacher Mr. Shinji Tsukada - Felicia Leonard, Administrative Support Manager
SUMMARY:
Review Approval:
Cover Memo
Item # 1
City Council Agenda
Council Chambers - City Hall
Meeting Date:11/7/2013
SUBJECT / RECOMMENDATION:
Suncoast Jazz Classic Weekend Proclamation - Joan Dragon, Director of the Suncoast Jazz Classic, Inc.
SUMMARY:
Review Approval:
Cover Memo
Item # 2
City Council Agenda
Council Chambers - City Hall
Meeting Date:11/7/2013
SUBJECT / RECOMMENDATION:
Pancreatic Cancer Awareness Month Proclamation - Jennifer Rorech, Pancreatic Cancer Action Network Tampa Bay Advocacy
Coordinator
SUMMARY:
Review Approval:
Cover Memo
Item # 3
City Council Agenda
Council Chambers - City Hall
Meeting Date:11/7/2013
SUBJECT / RECOMMENDATION:
Clearwater Night at Ruth Eckerd Hall - Michael Pastreich, Florida Orchestra, President
SUMMARY:
Review Approval:
Cover Memo
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Attachment number 1 \nPage 9 of 16
Item # 4
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Item # 4
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Attachment number 1 \nPage 11 of 16
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Attachment number 1 \nPage 12 of 16
Item # 4
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Item # 4
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wwwwaaaabbbbbbbbeeeeyyyy@@@@fffflllloooorrrriiiiddddaaaaoooorrrrcccchhhheeeessssttttrrrraaaa....oooorrrrggggAttachment number 1 \nPage 15 of 16
Item # 4
Attachment number 1 \nPage 16 of 16
Item # 4
City Council Agenda
Council Chambers - City Hall
Meeting Date:11/7/2013
SUBJECT / RECOMMENDATION:
Approve the minutes of the October 16, 2013 City Council Meeting as submitted in written summation by the City Clerk.
SUMMARY:
Review Approval:
Cover Memo
Item # 5
Council 2013-10-16 1
CITY COUNCIL MEETING MINUTES
CITY OF CLEARWATER
October 16, 2013
Present: Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember
Doreen Hock-DiPolito, Councilmember Bill Jonson, Councilmember Jay
E. Polglaze
Also Present: William B. Horne II - City Manager, Jill S. Silverboard - Assistant City
Manager, Rod Irwin - Assistant City Manager, Pamela K. Akin - City
Attorney, Rosemarie Call - City Clerk, Nicole Sprague - Official Records
and Legislative Services Coordinator
To provide continuity for research, items are in agenda order although not
necessarily discussed in that order.
Unapproved
1.
Call to Order – Mayor George N. Cretekos
The meeting was called to order at 6:00 p.m. at City Hall.
2.
Invocation – Pastor Bill Lasasso from Pathways Community Church
3.
Pledge of Allegiance – Councilmember Doreen Hock-DiPolito
4. Presentations 4.1
Service Awards
One service award was presented to a city employee. The October 2013 Employee of
the Month Award was presented to Adam Jacques, Clearwater Police Department.
4.2
Dolphin Tale 2 Presentation
Bob Engelman, Executive Producer, thanked the City for their continued support.
Production for the sequel is underway.
Mayor George N. Cretekos presented Mr. Engelman with a Key to the City.
4.3
National Arts and Humanities Month Proclamation, October 2013 - Roberta Klar,
President, Clearwater Arts Alliance
Draft
Attachment number 1 \nPage 1 of 30
Item # 5
Council 2013-10-16 2
4.4
Friends of Libraries Week Proclamation, October 20-26, 2013 - Rosalie Murray,
President of Friends of the Library
4.5
2013 City United Way Proclamation, October 16 through November 15, 2013 -
City Campaign Coordinator, Marty Moran
5. Approval of Minutes 5.1
Approve the minutes of the October 3, 2013 City Council Meeting as submitted
in written summation by the City Clerk.
Councilmember Bill Jonson moved to approve the minutes of the October 3, 2013 City
Council Meeting as submitted in written summation by the City Clerk. The motion was
duly seconded and carried unanimously.
6.
Citizens to be Heard re Items Not on the Agenda – None.
Public Hearings - Not before 6:00 PM
7. Administrative Public Hearings 7.1
Approve the Future Land Use Map Amendment from Residential Urban (RU),
Preservation (P) and Water/Drainage Feature (Water) (Pinellas County) to
Residential Medium (RM), Preservation (P) and Water/Drainage Feature
(Water), for property located at 2200 and 2251 Montclair Road (consisting of a
portion of the Southwest of the Northwest of Section 6, Township 29 South,
Range 16 East) together with the abutting rights-of-way, less North Belcher
Road, and right-of-way to the west of the Montclair Road right-of-way; and pass
Ordinance 8410-13 on second reading.(LUP2013-04002)
This future land use map amendment involves two parcels comprising
approximately 23.75 acres in area located on the west side of North Belcher Road
between Sunset Point Road and Montclair Road. This property was annexed into
the city on August 14, 2013 (ANX2013-04007), along with the abutting Sunset
Point Road and Montclair Road rights-of-way, as well as additional Montclair
Road right-of-way to the west of the property. The western parcel (11.23 acres),
addressed as 2200 Montclair Road, is owned by David B. and Sharon Webb and
contains a single family home and one building associated with the wholesale
plant nursery. The eastern parcel (12.52 acres), addressed as 2251 Montclair
Road, is owned by Webb’s Nursery, Inc., and is currently used as a wholesale
plant nursery with two buildings and planting areas. Both parcels contain
preservation land and portions of Beckett Lake, totaling approximately 7.9 acres.
This future land use plan amendment and the companion rezoning (REZ2013-
04002) was passed on first reading by City Council on July 18, 2013. Ordinance
Draft
Attachment number 1 \nPage 2 of 30
Item # 5
Council 2013-10-16 3
8410-13 was amended on first reading to remove the Belcher Road right-of-way
(less North Belcher Road) because after the public hearing notice ran in the
newspaper it was determined the property could not be annexed into the city. In
order to ensure that the ordinance is clear regarding which rights-of-way are being
annexed, a motion to amend is proposed to include a more accurate legal
description of the right-of-way. Additionally, staff is requesting that Council
approve a revised Exhibit B (Future Land Use Map) which reflects the boundaries
of the land to be designated Preservation (P) based on the approved jurisdictional
wetland survey provided for the eastern parcel (part of the proposed motion to
amend on second reading).
In accordance with the Countywide Plan Rules, as well as Chapter 163, Florida
Statutes, the amendment was transmitted to both the Pinellas Planning Council
and the Board of County Commissioners acting as the Countywide Planning
Authority, as well as the Florida Department of Economic Opportunity for review
and approval. The Pinellas Planning Council recommended approval of the
amendment at their hearing on September 11, 2013, and the amendment will be
considered by the Board of County Commissioners acting as the Countywide
Planning Authority (CPA) at its public hearing on October 8, 2013. The Planning
and Development Department will report the CPA’s final determination at the
October 14, 2013 City Council work session. The Florida Department of Economic
Opportunity identified no comment related to important state resources and
facilities; similarly, the Department of Environmental Protection, the Southwest
Florida Water Management District, and the Tampa Bay Regional Planning
Council raised no objections.
The Planning and Development Department has determined that the proposed
future land use map amendment is consistent with the Community Development
Code as specified below:
• The proposed amendments are consistent with the Comprehensive Plan,
the Countywide Plan Rules, and the Community Development Code.
• The proposed amendments are compatible with the surrounding property
and character of the neighborhood.
• Sufficient public facilities are available to serve the property.
• The proposed amendments will not have an adverse impact on the natural
environment.
• The proposed amendments will not have an adverse impact on the use of
property in the immediate area.
• The available uses in the Residential Urban (RU) District are compatible
with the surrounding area.
The Community Development Board reviewed the land use plan amendment at its
public hearing on June 18, 2013 and unanimously recommended approval.
Draft
Attachment number 1 \nPage 3 of 30
Item # 5
Council 2013-10-16 4
Councilmember Doreen Hock-DiPolito moved to approve the Future Land Use Map
Amendment from Residential Urban (RU), Preservation (P) and Water/Drainage
Feature (Water) (Pinellas County) to Residential Medium (RM), Preservation (P) and
Water/Drainage Feature (Water), for property located at 2200 and 2251 Montclair Road
(consisting of a portion of the Southwest of the Northwest of Section 6, Township 29
South, Range 16 East) together with the abutting rights-of-way, less North Belcher
Road, and right-of-way to the west of the Montclair Road right-of-way. The motion was
duly seconded and carried unanimously.
Ordinance 8410-13 was presented and read by title only.
Councilmember Jay Polglaze moved to amend line 7 of the title to read,“…TOGETHER
WITH ALL OF THE RIGHT OF WAY OF MONTCLAIR ROAD, C.R. 584, LYING IN THE
EAST ½ OF THE NE ¼ OF SECTION 01, TOWNSHIP 29 SOUTH, RANGE 15 EAST,
TOGETHER WITH ALL OF THE RIGHT OF WAY OF MONTCLAIR ROAD, C.R. 584,
AND SUNSET POINT ROAD, C.R. 576, LYING IN THE NW ¼ OF SECTION 06,
TOWNSHIP 29 SOUTH, RANGE 16 EAST
TOGETHER WITH THE ABUTTING
RIGHTS OF WAY, LESS NORTH BELCHER ROAD, AND RIGHT OF WAY TO THE
WEST OF THE MONTCLAIR ROAD RIGHT OF WAY…” The motion was duly
seconded and carried unanimously.
Vice Mayor Paul Gibson moved to amend Exhibit B of the Ordinance to exclude the
right-of-way of Belcher Road and to represent the correct Preservation (P) boundary on
the property affected by this ordinance. The motion was duly seconded and carried
unanimously.
Councilmember Bill Jonson moved to pass Ordinance 8410-13 on second reading, as
amended. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember
Doreen Hock-DiPolito, Councilmember Bill Jonson, Councilmember Jay E.
Polglaze
"Nays": None
7.2
Approve a Development Agreement between Enchantment, LLC and the City of
Clearwater, providing for the allocation of 92 overnight accommodation units
from the Hotel Density Reserve under Beach by Design; adopt Resolution 13-27,
and authorize the appropriate officials to execute same. (HDA2013-08001) Draft
Attachment number 1 \nPage 4 of 30
Item # 5
Council 2013-10-16 5
The 1.377-acre subject property is located at the southwest corner of Parkway
Drive and South Gulfview Boulevard, which is within the Clearwater Pass District
of Beach by Design. The property has two zoning designations, which are Tourist
(T) District and Open Space/Recreation (OS/R) District. The land area zoned T
District is 1.347 acres (58,671 square feet) and the land area zoned OS/R District
is 0.03 acres (1,317 square feet). The site is currently developed with a six-story,
110-room hotel known as the Wyndham Garden of Clearwater Beach. The
existing building is located toward the rear of the site, oriented east/west and with
parking on the north and west sides of the building.
On September 20, 2005, the Community Development Board (CDB) approved
FLD2005-06057/TDR2005-07023 for the Termination of Status of Nonconformity
for density to retain the existing 110 overnight accommodation units where the
base density allows 67 units. The owners propose to utilize the existing 110-
rooms obtained through the Termination of Status of Nonconformity for density
while requesting an additional 92 hotel rooms from the Hotel Density Reserve
through Beach by Design.
The current proposal is to demolish the existing building and redevelop the site
with a 202-unit overnight accommodation use (150 rooms per acre for the land
zoned T District, including the allocation of 92 rooms from the Hotel Density
Reserve). The building will be 150 feet (from Base Flood Elevation) to flat roof (14
stories) with the parking located within the first six levels. The proposed
architectural style is contemporary coastal architecture, which is consistent with
and complements the tropical vernacular envisioned in Beach by Design.
Consistency with the Community Development Code:
Minimum Lot Area/Width: The subject property has a lot area of 59,988 square
feet (1.377 acres; 1.347 acres zoned T District and 0.03 acres zoned OS/R
District). The lot width of the subject property is 240.64 feet. These are consistent
with the applicable sections of the Community Development Code.
Minimum Setbacks: The conceptual site plan depicts a front (north) setback of 15
feet, a side (west) setback of 15.2 feet, a side (east) setback of 15 feet (east), and
a rear (south) setback of 20 feet. The proposed setbacks may be approved as
part of a Level Two (FLD) application, subject to meeting the applicable flexibility
criteria of the Community Development Code.
Maximum Height: Pursuant to the Clearwater Pass District Character District
standards of Beach by Design and that the owners are requesting 92 hotel rooms
from the Hotel Density Reserve, the maximum height of the hotel can be up to
150 feet provided that there is no more than four buildings above 100 feet in
height within 800 feet of the proposed building. The applicant has demonstrated
Draft
Attachment number 1 \nPage 5 of 30
Item # 5
Council 2013-10-16 6
that there are only three buildings 800 feet westward of the building’s east facade
that exceed 100 feet in height and that there are no buildings to the east of the
building that exceed 100 feet in height. The buildings to the west of the subject
building (proposed 150 feet in height from BFE) include the Continental Tower
(105 feet in height from BFE) and the proposed Hampton Inn Building (134 feet in
height from BFE). The height of the proposed building is consistent with the
guidelines of Beach by Design.
Minimum Off-Street Parking: The 202-room overnight accommodation use
requires a minimum of 242 off-street parking spaces. There will be 244 parking
spaces provided within the parking garage located on the first six levels of the
building.
This is consistent with the applicable sections of the Community Development
Code.
Landscaping: While a formal landscape plan is not required to be submitted for
review at this time, the conceptual landscape areas depicted on the site plan
show that a 15 foot wide perimeter landscape area will be provided along the
north property line; a 15.10 foot wide perimeter landscape area will be provided
along the west property line; a 15 foot wide perimeter landscape area will be
provided along the east property line; and that a 20 foot wide perimeter landscape
area will be provided along the south property line. The proposal should meet the
required five-foot wide foundation landscape requirement. Since no perimeter
landscape buffers are required in the T District, the proposed landscape areas
exceed what is required. It is noted, however, that flexibility may be
requested/necessary as part of a Comprehensive Landscape Program which
would be reviewed at time of formal site plan approval.
Consistency with Beach by Design:
Design Guidelines: A review of the provided architectural elevations and massing
study was conducted and the proposed building does appear to be generally
consistent with the applicable Design Guidelines established in Beach by Design.
It is noted, however, that a more formal review of these guidelines will need to be
conducted as part of the final site plan approval process.
Hotel Density Reserve: The project has been reviewed for compliance with those
criteria established within Beach by Design concerning the allocation of hotel
rooms from the Reserve. The project appears to be generally consistent with
those criteria, including that the development comply with the Metropolitan
Planning Organization’s (MPO) countywide approach to the application of traffic
concurrency management for transportation facilities. The submitted Traffic
Draft
Attachment number 1 \nPage 6 of 30
Item # 5
Council 2013-10-16 7
Impact Study concludes that traffic operations at nearby intersections and on
adjacent roadways would continue at acceptable levels of service.
Standards for Development Agreements:
The proposal is in compliance with the standards for development agreements, is
consistent with the Comprehensive Plan and furthers the vision of beach
redevelopment set forth in Beach by Design. The proposed Development
Agreement will be in effect for a period not to exceed ten years, meets the criteria
for the allocation of rooms from the Hotel Density Reserve under Beach by Design
and includes the following main provisions:
• Provides for the allocation of 92 units from the Hotel Density Reserve;
• Requires the developer to obtain building permits and certificates of
occupancy in accordance with Community Development Code (CDC)
Section 4-407;
• Requires the return of any hotel unit obtained from the Hotel Density
Reserve that is not constructed;
• No full kitchens. No unit shall have a complete kitchen facility as that term
is used in the definition of dwelling unit in the Community Development
Code;
• Requires a legally enforceable mandatory evacuation/closure covenant that
the hotel will be closed as soon as practicable after a hurricane watch that
includes Clearwater Beach is posted by the National Hurricane Center;
• That no unit in the project shall be used as a primary or permanent
residence. At least 150 units (75 percent) shall be required to be submitted
to a rental program or reservation system requiring those hotel units to be
available to overnight hotel guests on a transient basis at all times.
Developer will use reasonable efforts to encourage owners of ownership
units to voluntarily submit their unit to a rental program or reservation
system requiring it to be available to overnight hotel guests on a transient
basis when the unit is not occupied by the owner; and
• Provides language that will allow 52 units (25 percent) to be used as
ownership units.
Staff recommends that prior to a decision on the agreement that clarity be
provided as to what percentage of units may be used for ownership units. Staff
recommends that Council clarify if one of the following proposed criteria be used:
• That a percentage of the 67-units permitted by the base density (50 units
per acre) may be used as ownership units; or Draft
Attachment number 1 \nPage 7 of 30
Item # 5
Council 2013-10-16 8
• That a percentage of the 67-units permitted by the base density (50 units
per acre) and the 43-units accorded through the Termination of Status of
Nonconformity for density may be used as ownership units; or
• That a percentage of the total number of proposed units (202), the 67-units
permitted by the base density (50 units per acre) plus the 43-units
accorded through the Termination of Status of Nonconformity for density
plus the 92 units obtained from the Hotel Density Reserve, may be used as
ownership units.
Furthermore, at the direction of the City Council, that language be added to the
development agreement that limits amplified music. The Developer agrees that
there shall be no outdoor amplified music at the Project after 11:00 p.m. on
Sunday through Thursday, or after 12:00 midnight on Friday and Saturday.
Changes to Development Agreements:
Pursuant to Section 4-606.I., CDC, a Development Agreement may be amended
by mutual consent of the parties, provided the notice and public hearing
requirements of Section 4-206 are followed. Revisions to conceptual site plans
and/or architectural elevations attached as exhibits to the Development
Agreement shall be governed by the provisions of Section 4-406, CDC. Minor
revisions to such plans may be approved by the Community Development
Coordinator. Other revisions not specified as minor shall require an amendment
to this Development Agreement.
In response to questions, the City Attorney said a modification has been applied to the
development agreement regarding the reservation system applying to all units.
Applicant representative Ed Hooper reviewed the request. The tower separation criteria
would not stop the neighboring property to develop three towers at 150 feet. The
proposed architectural style is contemporary coastal architecture, which is consistent
with and compliments the tropical vernacular envisioned in Beach by Design. Staff is
recommending approval.
In response to a question, Mr. Hooper said the project proposes a 15 ft. setback from
the property line on the east.
Three individuals spoke in support and four individuals spoke in opposition.
Mr. Hooper said the proposed project is a limited service hotel, with no retail presence.
The agreement restricts the amount of accessory use space allowed.
Councilmember Jay Polglaze moved to approve a Development Agreement between
Enchantment, LLC and the City of Clearwater, providing for the allocation of 92
Draft
Attachment number 1 \nPage 8 of 30
Item # 5
Council 2013-10-16 9
overnight accommodation units from the Hotel Density Reserve under Beach by Design.
The motion was duly seconded.
In response to questions, the City Attorney said the Community Development Board will
review the quality of the design. Planning and Development Assistant Director Gina
Clayton said Beach by Design requires modulation, of certain depth and width, for every
100 ft. of uninterrupted wall area. Staff has reviewed the conceptual plans and the
massing study that were submitted as part of the application. The massing study
includes some massing views. The City Attorney said the Bay Esplanade agreement
included language allowing fractional units.
Discussion ensued with concerns expressed regarding hotel density units used as
ownership units.
The City Attorney said the proposal is for overnight accommodations that can only have
up to one-month occupancy. Ownership units cannot be required to be part of the hotel
pool. Staff is recommending Council to address the policy issue related to transient
occupancy by the public by requiring a number of the units to be available for transient
occupancy by the public. The proposal before Council states 75% of all units shall be
available in that fashion.
The Council recessed from 8:04 p.m. to 8:10 p.m.
In response to a question, Ms. Clayton said the proposal provides for limited mid price
hotel units and greater side yard and rear setbacks than is required by city code.
Staff was directed to amend Beach by Design to require that a certain percentage of the
hotel units be available for rental to the public for overnight accommodations.
Upon the vote being taken, Mayor George Cretekos and Councilmembers Doreen
Hock-DiPolito, Bill Jonson, and Jay Polglaze voted “Aye”; Vice Mayor Paul Gibson
voted “Nay”.
Motion carried.
Resolution 13-27 was presented and read by title only. Councilmember Bill Jonson
moved to adopt Resolution 13-27. The motion was duly seconded and upon roll call,
the vote was:
"Ayes": Mayor George N. Cretekos, Councilmember Doreen Hock-DiPolito,
Councilmember Bill Jonson, Councilmember Jay E. Polglaze
"Nays": Vice Mayor Paul Gibson
Motion carried.
Draft
Attachment number 1 \nPage 9 of 30
Item # 5
Council 2013-10-16 10
7.3
Provide direction on the proposed Development Agreement between
Mainstream Partners VIII, LTD (the property owner) and the City of Clearwater,
providing for the allocation of 100 units from the Hotel Density Reserve under
Beach by Design and confirm a second public hearing in City Council Chambers
before City Council on November 7, 2013 at 6:00 p.m., or as soon thereafter as
may be heard. (HDA2013-08004)
Site Location and Existing Conditions:
The 1.60-acre site (including a 35 foot by 240-foot portion of the South Gulfview
Boulevard right-of-way) is bound by South Gulfview Boulevard (west), Coronado
Drive (east) at the intersection of Coronado Drive and Brightwater Drive. The
subject property is comprised of two parcels with a frontage of approximately 244
feet along South Gulfview Boulevard and 355 feet of frontage along Coronado
Drive. The larger of the two parcels sites is occupied by the Beachview Inn, a 64-
unit overnight accommodation use built in 1982 (according to Pinellas County
Property Appraiser records). The second parcel is occupied by an attached
dwelling unit with five units built in 1954 (also according to Pinellas County
Property Appraiser records). The subject property is zoned Tourist (T) District with
an underlying Future Land Use Plan (FLUP) category of Resort Facilities High
(RFH). The subject property is also located within the Beach Walk district of
Beach by Design.
Access to the portion of the site occupied by the attached dwelling unit is provided
by a narrow driveway along Coronado Drive. The larger parcel is accessed via
pair of two-way driveways along Coronado Drive. Parking is provided along the
east side of the site. The hotel building is located along the west side of the site.
The attached dwelling building is centrally located on its parcel. A pool area is
located at the southwest corner of the larger parcel. The site enjoys direct access
to Beach Walk.
The immediate area is characterized by a variety of uses including overnight
accommodation, retail, outdoor recreation and entertainment, restaurant and
attached dwelling uses with heights ranging from one to 15 stories. The City’s
Beach Walk project has been constructed transforming South Gulfview Boulevard
to the west of this site into a winding beachside promenade with lush landscaping,
artistic touches and clear views to Clearwater's award-winning beach and the
water beyond.
Development Proposal: The owners propose to utilize the otherwise permitted
density of 50 units per acre or 80 units and incorporate an additional 100 units
from the Hotel Density Reserve through Beach by Design resulting in a total of
180 units (113 units per acre).
Draft
Attachment number 1 \nPage 10 of 30
Item # 5
Council 2013-10-16 11
The current proposal is to demolish all structures on the site and redevelop the
site with a 180-unit overnight accommodation use (113 rooms per acre, including
the allocation of 100 rooms from the Hotel Density Reserve). The building will be
146 feet (from Base Flood Elevation) to flat roof with parking on the first three
levels. The proposal includes a tropical modern architecture, which is consistent
with and complements the tropical vernacular envisioned in Beach by Design.
Consistency with the Community Development Code:
Minimum Lot Area and Width: Pursuant to CDC Table 2-802, the minimum
required lot area and width for an Overnight Accommodation use is 20,000 square
feet and between 100 and 150 feet, respectively. The subject property is 69,969
square feet in area and approximately 244 feet wide. The site is consistent with
these Code provisions.
Minimum Setbacks: The conceptual site plan depicts setbacks of zero feet to
building along the front (east and west) along Coronado Drive and South Gulfview
Boulevard, respectively and sides (west, south and north). The proposed setbacks
may be approved as part of a Level Two (FLD) application, subject to meeting the
applicable flexibility criteria of the Community Development Code.
Maximum Height: Section B of the Design Guidelines within Beach by Design
specifically addresses height. The proposal provides for a building 146 feet in
height as measured from BFE where a height of up to 150 feet is permitted as
prescribed by the CDC, where additional density is allocated to the development
either by TDRs, via the Destination Resort Density Pool pursuant to the CRD
designation, or via the Hotel Density Reserve where the subject property is
located between South Gulfview Boulevard and the Gulf of Mexico or on the west
side of Coronado Drive. Density is proposed to be augmented through the use a
100 units from the Hotel Density Reserve and the subject property is located on
the west side of Coronado Drive.
This section also requires that portions of any structures that exceed 100 feet be
spaced at least 100 feet apart. The applicant has shown that no portion of the
building which exceeds 100 feet is closer than 100 from any other portion of any
other building which exceeds 100 feet. This section also includes overall
separation requirements for structures over 100 feet in height as two options: (1)
no more than two structures, which exceed 100 feet within 500 feet; or (2) no
more than four structures, which exceed 100 feet within 800 feet.
The proposal provides for a building that exceeds 100 feet in height. The applicant
has demonstrated that there are no more than two structures, which exceed 100
feet within 500 feet thereby fulfilling the requirements of Option 1, above. In
Draft
Attachment number 1 \nPage 11 of 30
Item # 5
Council 2013-10-16 12
addition, the applicant has demonstrated that there are no more than four
structures, which exceed 100 feet within 800 feet thereby fulfilling the
requirements of Option 2, above.
The height of the proposed building is consistent with the guidelines of Beach by
Design.
Minimum Off-Street Parking: The 180-room overnight accommodation use
requires a minimum of 216 off-street parking spaces. The 216 parking spaces will
be provided within a parking garage located on the first three levels of the
building.
This is consistent with the applicable Sections of the Community Development
Code.
Landscaping: While a formal landscape plan is not required to be submitted for
review at this time, the conceptual landscape areas depicted on the site plan
show that foundation landscaping will be provided along the east and west sides
of the building. In addition, landscape buffers will be provided along portions of the
north and west sides of the site. Since no perimeter landscape buffers are
required in the Tourist (T) District, the proposed landscape areas meet or exceed
what is required. It is noted, however, that flexibility may be requested/necessary
as part of a Comprehensive Landscape Program which would be reviewed at time
of formal site plan approval.
Consistency with Beach by Design:
Design Guidelines: A review of the provided architectural elevations and massing
study was conducted and the proposed building does appear to be generally
consistent with the applicable Design Guidelines established in Beach by Design.
It is noted, however, that a more formal review of these Guidelines will need to be
conducted as part of the final site plan approval process.
Hotel Density Reserve: The project has been reviewed for compliance with those
criteria established within Beach by Design concerning the allocation of hotel
rooms from the Reserve. The project appears to be generally consistent with
those criteria, including that the development comply with the Metropolitan
Planning Organization’s (MPO) countywide approach to the application of traffic
concurrency management for transportation facilities. The submitted Traffic
Impact Study concludes that traffic operations at nearby intersections and on
adjacent roadways would continue at acceptable levels of service.
Standards for Development Agreements: The proposal is in compliance with the
standards for development agreements, is consistent with the Comprehensive
Draft
Attachment number 1 \nPage 12 of 30
Item # 5
Council 2013-10-16 13
Plan and furthers the vision of beach redevelopment set forth in Beach by Design.
The proposed Development Agreement will be in effect for a period not to exceed
ten years, meets the criteria for the allocation of rooms from the Hotel Density
Reserve under Beach by Design and includes the following main provisions:
• Provides for the allocation of 100 units from the Hotel Density Reserve;
• Requires the developer to obtain building permits and certificates of
occupancy in accordance with Community Development Code (CDC)
Section 4-407;
• Requires the return of any hotel unit obtained from the Hotel Density
Reserve that is not constructed;
• For units allocated from the Hotel Density Reserve, prohibits the
conversion of any hotel unit to a residential use and requires the recording
of a covenant restricting use of such hotel units to overnight
accommodation usage; and
• Requires a legally enforceable mandatory evacuation/closure covenant that
the hotel will be closed as soon as practicable after a hurricane watch that
includes Clearwater Beach is posted by the National Hurricane Center.
Changes to Development Agreements:
Pursuant to Section 4-606.I, CDC, a Development Agreement may be amended
by mutual consent of the parties, provided the notice and public hearing
requirements of Section 4-206 are followed. Revisions to conceptual site plans
and/or architectural elevations attached as exhibits to this Development
Agreement shall be governed by the provisions of Section 4-406, CDC. Minor
revisions to such plans may be approved by the Community Development
Coordinator. Other revisions not specified as minor shall require an amendment
to this Development Agreement.
Planner Mark Parry said since the work session, the Applicant has agreed to amend the
agreement as follows: removed all references to fractional units, add language stating
no unit shall be used as a primary residence, add language prohibiting full kitchens, and
add restrictions to amplified music.
In response to questions, Assistant City Attorney Leslie Dougall-Sides said the
agreement includes language requiring all units to be submitted into the rental program
and available for overnight guests on a transient basis at all times. Mr. Parry said no
unit shall be allowed to be used a primary residence.
Applicant representative Don Mastry reviewed the request. The agreement prohibits
the conversion of any of the hotel rooms allocated from the density reserve to be
converted for residential use. All hotel rooms not constructed will be returned to the
density pool. Thirty-two percent of the permitted building envelope will be utilized.
Draft
Attachment number 1 \nPage 13 of 30
Item # 5
Council 2013-10-16 14
In response to a question, Mr. Mastry said the units would be available to the public for
overnight accommodations.
The City Attorney suggested adding language to the agreement that all units will be
available to the public for overnight accommodations since it is not included.
Mr. Mastry expressed a concern regarding the allowance of fractional units to a
previously presented application as his client is being asked to add language to the
contrary.
Assistant City Attorney Leslie Dougall-Sides said the applicant could resubmit a
different project if there is an interest in fractional ownership.
In response to questions, Planning and Development Assistant Director Gina Clayton
said city philosophy has been that the area be constructed in a way that is pedestrian
oriented and activates the space along Beachwalk. Mr. Mastry said the ground floor
proposes to have retail and is pedestrian friendly.
DLW Architects representative Oscar Benavides said a zero setback is being requested
due to the proximity of the parking garage, and provided a video presentation of the
conceptual plan and massing views. The zero setback places the building closer to the
Coronado side, connecting the project to the Beachwalk area.
Ms. Clayton said the applicant has been advised that access to the site be from
Coronado Drive. Engineering Director Mike Quillen said city policy states properties
that have access to S. Gulfview and Coronado are required to access the property via
Coronado Drive. The promenade on S. Gulfview is pedestrian friendly and reason why
vehicular access is not allowed. Ms. Clayton said staff has determined access
corrections would be considered a minor amendment; the applicant has not submitted
the correction yet.
Discussion ensued with concerns expressed regarding zero setbacks. It was suggested
that Council consider amending setback allowances provided in Beach by Design.
Ms. Clayton said Beach by Design states no side or rear setbacks are recommended,
except as may be required to comply with the City’s fire code.
The City Attorney said the conceptual documents provided in the application are not
inconsistent with Beach by Design; the site plan will be reviewed by the Community
Development Board.
One individual expressed concerns with vehicles accessing Gulfview Boulevard.
Draft
Attachment number 1 \nPage 14 of 30
Item # 5
Council 2013-10-16 15
7.4
Provide direction on the proposed Development Agreement between Ted and
Maria Lenart, Trustees of Lenart Family Trust UTD December 20, 1991 (the
property owner) and the City of Clearwater, providing for the allocation of up to
69 units from the Hotel Density Reserve under Beach by Design or a maximum
density of 150 units per acre, whichever is less and confirm a second public
hearing in City Council Chambers before City Council on November 7, 2013 at
6:00 p.m., or as soon thereafter as may be heard. (HDA2013-08007)
Site Location and Existing Conditions:
The 0.69-acre site is located along the south side of South Gulfview Boulevard
approximately 725 feet west of Parkway Drive and 300 feet east of the South
Gulfview Boulevard and Bayway Boulevard intersection. The subject property is
comprised of one parcel with a frontage of approximately 126 feet along South
Gulfview Boulevard and 127 feet of frontage along the water. The site is occupied
by the Gulfview Hotel, a 64-unit overnight accommodation use built in 1972
(according to Pinellas County Property Appraiser records). The subject property is
zoned Tourist (T) District with an underlying Future Land Use Plan (FLUP)
category of Resort Facilities High (RFH). The subject property is also located
within the South Beach/Clearwater Pass District of Beach by Design.
Access to the site is provided by a pair of one-way driveways with ingress
provided at the west side of the site and egress at the east side. Parking is
provided along the north and west sides of the site. The building is located in the
southeast quadrant of the site. A pool area is located along the southeast corner
of the building. The site enjoys direct access to the beach and the Gulf of Mexico
although it is important to note that the beach area is adjacent to but is not part of
the subject site.
The immediate area is characterized by a variety of uses including overnight
accommodation, retail, outdoor recreation and entertainment, restaurant and
attached dwelling uses with heights ranging from one to 15 stories. The properties
directly east and west of this property are developed with overnight
accommodation uses. The City’s Beach Walk project has been constructed
transforming South Gulfview Boulevard to the north of this site into a winding
beachside promenade with lush landscaping, artistic touches and clear views to
Clearwater's award-winning beach and the water beyond.
Development Proposal:
The owners propose to utilize the existing 34 to 64-rooms (34 of which are
requested to be considered as conforming through a Termination of Status of
Nonconformity for density reviewed by the Community Development Board on
October 15, 2013) while requesting up to an additional 69 hotel rooms from the
Draft
Attachment number 1 \nPage 15 of 30
Item # 5
Council 2013-10-16 16
Hotel Density Reserve through Beach by Design resulting in a total of 103 units
(150 units per acre).
Pursuant to the Countywide Future Land Use Plan and CDC Section 2-801.1, the
maximum density for properties with a designation of Resort Facilities High is 50
overnight accommodation units per acre. Based on the 0.69-acre site, a maximum
of 34 overnight accommodation units would normally be permissible under current
regulations. Therefore, the site is/was overdense by 30 units. The aforementioned
Termination of Status of Nonconformity application included a request to permit
the current density of 64 units to remain and be considered as conforming. It must
be reiterated that the review by the Community Development Board (CDB) was
scheduled for, and presumably occurred on, October 15, 2013 (the day prior to
this, the first City Council review of this request) therefore, as of the writing of this
analysis it is unknown if the request to Terminate the Status of Nonconformity with
regard to density was approved. Therefore, the request is for up to 69 units or a
maximum of 150 units per acre, whichever is less.
The current proposal is to demolish the existing building and redevelop the site
with a 103-unit overnight accommodation use (150 rooms per acre, including the
allocation of 39 rooms from the Hotel Density Reserve). The building will be 97
feet (from Base Flood Elevation) to flat roof (10 stories) with an additional 16 feet
for mechanical equipment and architectural details with the parking on the first six
levels. The proposal includes a tropical modern architecture, which is consistent
with and complements the tropical vernacular envisioned in Beach by Design.
Consistency with the Community Development Code:
Pursuant to CDC Table 2-802, the minimum required lot area and width for an
Overnight Accommodation use is 20,000 square feet and between 100 and 150
feet, respectively. The subject property is 29,888 square feet in area and 126 feet
wide. The site is consistent with these Code provisions.
Minimum Lot Area and Width:
The conceptual site plan depicts a side (west) setback of 10 feet to building and
covered patio, side (east) setbacks of 13 and 10 feet to building and patio,
respectively, a front (north) setback of 10 feet to building and a rear (south)
setback of 51 feet to building, five feet to patio and 12 feet to pool. The proposed
setbacks may be approved as part of a Level Two Flexible Development
application, subject to meeting the applicable flexibility criteria of the Community
Development Code (CDC).
Minimum Setbacks : Draft
Attachment number 1 \nPage 16 of 30
Item # 5
Council 2013-10-16 17
Pursuant to the Clearwater Pass District Character District standards of Beach by
Design and that the owners are requesting 39 hotel rooms from the Hotel Density
Reserve, the maximum height of the hotel can be up to 150 feet provided that
there is no more than four buildings above 100 feet in height within 800 feet of the
proposed building. The applicant has proposed a building 97 feet (from Base
Flood Elevation) to flat roof (10 stories) with an additional 16 feet for mechanical
equipment and architectural details. Buildings less than 100 feet in height may be
located without limitation although any height above 50 feet must be requested
through a Level Two Flexible Development application, subject to meeting the
applicable flexibility criteria of the CDC. The height of the proposed building is
generally consistent with the guidelines of Beach by Design.
Maximum Height:
The 103-room overnight accommodation use requires a minimum of 124 off-street
parking spaces. The conceptual site plan includes 126 parking spaces will be
provided within a parking garage located on the first six levels of the building. The
number of parking spaces is consistent with the CDC.
Minimum Off-Street Parking:
While a formal landscape plan is not required to be submitted for review at this
time, the conceptual landscape areas depicted on the site plan show that
foundation landscaping between three and 12 feet in width will be provided along
the north side of the building. In addition, 10-foot wide landscape buffers will be
provided along the east and west sides of the site. Since no perimeter landscape
buffers are required in the Tourist (T) District, the proposed landscape areas
exceed what is required. It is noted, however, that flexibility may be
requested/necessary as part of a Comprehensive Landscape Program which
would be reviewed at time of formal site plan approval.
Landscaping:
Consistency with Beach by Design:
Design Guidelines: A review of the provided architectural elevations and massing
study was conducted and the proposed building does appear to be generally
consistent with the applicable Design Guidelines established in Beach by
Design. It is noted, however, that a more formal review of these Guidelines will
need to be conducted as part of the final site plan approval process.
Hotel Density Reserve: The project has been reviewed for compliance with those
criteria established within Beach by Design concerning the allocation of hotel
rooms from the Reserve. The project appears to be generally consistent with
Draft
Attachment number 1 \nPage 17 of 30
Item # 5
Council 2013-10-16 18
those criteria, including that the development comply with the Metropolitan
Planning Organization’s (MPO) Countywide approach to the application of traffic
concurrency management for transportation facilities. The submitted Traffic
Impact Study concludes that traffic operations at nearby intersections and on
adjacent roadways would continue at acceptable levels of service.
Standards for Development Agreements:
The proposal is in compliance with the standards for development agreements, is
consistent with the Comprehensive Plan and furthers the vision of beach
redevelopment set forth in Beach by Design. The proposed Development
Agreement will be in effect for a period not to exceed ten years, meets the criteria
for the allocation of rooms from the Hotel Density Reserve under Beach by Design
and includes the following main provisions:
• Provides for the allocation of up to 69 units from the Hotel Density Reserve
or a maximum density of 150 units per acre, whichever is less;
• Requires the developer to obtain building permits and certificates of
occupancy in accordance with (CDC) Section 4-407;
• Requires the return of any hotel unit obtained from the Hotel Density
Reserve that is not constructed;
• For units allocated from the Hotel Density Reserve, prohibits the
conversion of any hotel unit to a residential use and requires the recording
of a covenant restricting use of such hotel units to overnight
accommodation usage; and
• Requires a legally enforceable mandatory evacuation/closure covenant that
the hotel will be closed as soon as practicable after a hurricane watch that
includes Clearwater Beach is posted by the National Hurricane Center.
Changes to Development Agreements:
Pursuant to Section 4-606.I., CDC, a Development Agreement may be amended
by mutual consent of the parties, provided the notice and public hearing
requirements of Section 4-206 are followed. Revisions to conceptual site plans
and/or architectural elevations attached as exhibits to the Development
Agreement shall be governed by the provisions of Section 4-406, CDC. Minor
revisions to such plans may be approved by the Community Development
Coordinator. Other revisions not specified as minor shall require an amendment
to this Development Agreement.
Draft
Attachment number 1 \nPage 18 of 30
Item # 5
Council 2013-10-16 19
Planner Mark Parry said the application for Termination of Status of Nonconformity of
thirty overnight accommodation units was reviewed and approved by the Community
Development Board.
Applicant representative Katie Cole reviewed the request. The applicant is willing to
include changes suggested by staff. The applicant wishes to protect existing rights and
secure density and entitlements for a mid-sized and mid-priced hotel.
One individual spoke in support.
It was requested that the applicant provide copies of the drawings presented during the
council one-on-ones.
In response to a question, Ms. Cole said including Shephard’s and the proposed
Hampton Inn in the Massing Study was cost and time prohibitive.
7.5
Amend the Community Development Code, Division 24, Public Art and Design
Program Sections 3-2401: Public Art and Design Program; 3-2405: Public Art
and Design Allocations for Private Construction Projects and Developments; and
3-2406: Ownership and Maintenance, and pass Ordinance 8481-13 on first
reading. (TA2013-08007)
An amendment to the Community Development Code that will transition, from
mandatory to voluntary, participation in the Public Art Program for private
development projects that equal or exceed an Aggregate Job Value of $5 million
dollars ($5,000,000).
There is a history of private development projects voluntarily investing in public
artwork that predates the City Council’s adoption of the Public Art and Design
Program. Staff is comfortable that voluntary participation in public art will
continue. Therefore, staff is recommending that the Community Development
Code be amended to make the private developer participation in the Public Art
Program voluntary. Development projects that wish to forgo the installation of
public artwork, yet still wish to contribute to the City’s cultural capital, will be
encouraged to donate to the City’s Public Art Fund, which is used to enhance
existing City Capital Improvement Project (CIP) allocations for public artwork and
to support Special Initiative projects that are not funded through CIP allocations.
The City’s appropriation of CIP funds for public art will continue with no
amendments or modifications. The City will continue to assist developers with the
identification and commission of public artists for public art installations.
Draft
Attachment number 1 \nPage 19 of 30
Item # 5
Council 2013-10-16 20
The Community Development Board unanimously approved the proposed
amendments to the Community Development Code at its September 17, 2013
meeting.
Public Art and Design Program Guidelines will be amended by the Public Art and
Design Board at its December 11, 2013 board meeting.
Councilmember Jay Polglaze moved to amend the Community Development Code,
Division 24, Public Art and Design Program Sections 3-2401: Public Art and Design
Program; 3-2405: Public Art and Design Allocations for Private Construction Projects
and Developments; and 3-2406: Ownership and Maintenance. The motion was duly
seconded and carried unanimously.
Ordinance 8481-13 was presented and read by title only. Councilmember Doreen
Hock-DiPolito moved to pass Ordinance 8481-13 on first reading. The motion was duly
seconded and upon roll call, the vote was:
"Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember
Doreen Hock-DiPolito, Councilmember Bill Jonson, Councilmember Jay E.
Polglaze
"Nays": None
8. Quasi-judicial Public Hearings 8.1
Approve the Zoning Atlas Amendment from RPD-7.5, Residential Planned
Development (7.5 UPA Max Density) category (Pinellas County) to Medium High
Density Residential (MHDR) and Preservation (P) (City of Clearwater) for
property located at 2200 and 2251 Montclair Road (consisting of a portion of the
Southwest of the Northwest of Section 6, Township 29 South, Range 16 East)
together with the abutting rights-of-way, less North Belcher Road, and right-of-
way to the west of the Montclair Road right-of-way; and pass Ordinance 8411-13
on second reading.(REZ2013-04002)
This Zoning Atlas amendment involves two parcels comprising approximately
23.75 acres in area located on the west side of North Belcher Road between
Sunset Point Road and Montclair Road. This property was annexed into the city
on August 14, 2013 (ANX2013-04007), along with the abutting Sunset Point Road
and Montclair Road rights-of-way, as well as additional Montclair Road right-of-
way to the west of the property. The western parcel (11.23 acres), addressed as
2200 Montclair Road, is owned by David B. and Sharon Webb and contains a
Draft
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Item # 5
Council 2013-10-16 21
single family home and one building associated with the wholesale plant nursery.
The eastern parcel (12.52 acres), addressed as 2251 Montclair Road, is owned
by Webb’s Nursery, Inc., and is currently used as a wholesale plant nursery with
two buildings and planting areas. Both parcels contain preservation land and
portions of Beckett Lake, totaling approximately 7.9 acres.
This rezoning and companion future land use amendment (LUP2013-04002) was
passed on first reading by City Council on July 18, 2013. Ordinance 8411-13 was
amended on first reading to remove the Belcher Road right-of-way (less North
Belcher Road) because after the public hearing notice ran in the newspaper it was
determined the property could not be annexed into the city. In order to ensure that
the ordinance is clear regarding which rights-of-way are being annexed, a motion
to amend is proposed to include a more accurate legal description of the right-of-
way. Additionally, staff is requesting that Council approve a revised Exhibit B
(Zoning Map) which reflects the boundaries of the land to be designated
Preservation (P) based on the approved jurisdictional wetland survey provided for
the eastern parcel (part of the proposed motion to amend on second reading).
The Planning and Development Department has determined that the proposed
future land use map amendment is consistent with the Community Development
Code as specified below:
• The proposed amendment is consistent with the Comprehensive Plan and
the Community Development Code;
• The proposed amendment is compatible with the surrounding property and
character of the neighborhood;
• The available uses in the Medium High Density Residential (MHDR) District
and Preservation (P) District are compatible with the surrounding area;
• The proposed amendment will not adversely burden public facilities,
including the traffic-carrying capacities of streets, in an unreasonably or
disproportionate manner; and
• The proposed Medium Density Residential (MDR) District and Preservation
(P) District boundaries are appropriately drawn in regard to location and
classifications of streets, ownership lines, existing improvements and the
natural environment.
The Community Development Board reviewed the application at its public hearing
on June 18, 2013 and unanimously recommended approval of the Zoning Atlas
amendment.
Vice Mayor Paul Gibson moved to approve the Zoning Atlas Amendment from RPD-7.5,
Residential Planned Development (7.5 UPA Max Density) category (Pinellas County) to
Medium High Density Residential (MHDR) and Preservation (P) (City of Clearwater) for
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Item # 5
Council 2013-10-16 22
property located at 2200 and 2251 Montclair Road (consisting of a portion of the
Southwest of the Northwest of Section 6, Township 29 South, Range 16 East) together
with the abutting rights-of-way, less North Belcher Road, and right-of-way to the west of
the Montclair Road right-of-way. The motion was duly seconded and carried
unanimously.
Ordinance 8411-13 was presented and read by title only.
Councilmember Bill Jonson moved to amend line 6 of the title to read, “…TOGETHER
WITH ALL OF THE RIGHT OF WAY OF MONTCLAIR ROAD, C.R. 584, LYING IN THE
EAST ½ OF THE NE ¼ OF SECTION 01, TOWNSHIP 29 SOUTH, RANGE 15 EAST,
TOGETHER WITH ALL OF THE RIGHT OF WAY OF MONTCLAIR ROAD, C.R. 584,
AND SUNSET POINT ROAD, C.R. 576, LYING IN THE NW ¼ OF SECTION 06,
TOWNSHIP 29 SOUTH, RANGE 16 EAST
RIGHTS OF WAY, LESS NORTH BELCHER ROAD, AND RIGHT OF WAY TO THE
TOGETHER WITH THE ABUTTING
WEST OF THE MONTCLAIR ROAD RIGHT OF WAY…” The motion was duly
seconded and carried unanimously.
Councilmember Doreen Hock-DiPolito moved to amend Exhibit B of the Ordinance to
exclude the right-of-way of Belcher Road and to represent the correct Preservation (P)
boundary on the property affected by this ordinance. The motion was duly seconded
and carried unanimously.
Councilmember Jay Polglaze moved to pass Ordinance 8411-13 on second reading, as
amended. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember
Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember
Jay E. Polglaze
"Nays": None
9. Second Readings - Public Hearing 9.1
Adopt Ordinance 8469-13 on second reading, annexing certain real property
whose post office address is 2021 North Betty Lane into the corporate limits of
the city and redefining the boundary lines of the city to include said addition.
Ordinance 8469-13 was presented and read by title only. Vice Mayor Paul Gibson
moved to adopt Ordinance 8469-13 on second and final reading. The motion was duly
seconded and upon roll call, the vote was:
"Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember
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Item # 5
Council 2013-10-16 23
Doreen Hock-DiPolito, Councilmember Bill Jonson, Councilmember Jay E.
Polglaze
"Nays": None
9.2
Adopt Ordinance 8470-13 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 2021 North Betty Lane, upon
annexation into the City of Clearwater, as Residential Urban (RU).
Ordinance 8470-13 was presented and read by title only. Councilmember Bill Jonson
moved to adopt Ordinance 8470-13 on second and final reading. The motion was duly
seconded and upon roll call, the vote was:
"Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember
Doreen Hock-DiPolito, Councilmember Bill Jonson, Councilmember Jay E.
Polglaze
"Nays": None
9.3
Adopt Ordinance 8471-13 on second reading, amending the Zoning Atlas of the
city by zoning certain real property whose post office address is 2021 North
Betty Lane, upon annexation into the City of Clearwater, as Low Medium Density
Residential (LMDR).
Ordinance 8471-13 was presented and read by title only. Councilmember Doreen
Hock-DiPolito moved to adopt Ordinance 8471-13 on second and final reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember
Doreen Hock-DiPolito, Councilmember Bill Jonson, Councilmember Jay E.
Polglaze
"Nays": None
9.4
Adopt Ordinance 8478-13 on second reading, amending the Community
Development Code to require new members of the Community Development
Board, the Municipal Code Enforcement Board and the Building/Flood Board of
Adjustment and Appeals to be registered voters.
Ordinance 8478-13 was presented and read by title only. Councilmember Jay Polglaze
moved to adopt Ordinance 8478-13 on second and final reading. The motion was duly
seconded and upon roll call, the vote was:
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Item # 5
Council 2013-10-16 24
"Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember
Doreen Hock-DiPolito, Councilmember Bill Jonson, Councilmember Jay E.
Polglaze
"Nays": None
9.5
Adopt Ordinance 8480-13 on second reading, rescinding Ordinance 4663-88
and vacating the northerly fifteen (15) feet of an existing sanitary sewer
easement recorded in Official Records Book 3893, Page 138 of the Public
Records of Pinellas County.
Ordinance 8480-13 was presented and read by title only. Vice Mayor Paul Gibson
moved to adopt Ordinance 8480-13 on second and final reading. The motion was duly
seconded and upon roll call, the vote was:
"Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember
Doreen Hock-DiPolito, Councilmember Bill Jonson, Councilmember Jay E.
Polglaze
"Nays": None
10.
Consent Agenda – Approved as submitted.
10.1
Recertify Largo Area Housing Development Organization, Inc. and certify Homes
for Independence, Inc. as City of Clearwater Community Housing Development
Organizations and authorize the appropriate officials to execute same. (consent)
10.2
Approve a Community Housing Development Organization Agreement with
Pinellas County Habitat for Humanity Community Housing Development
Organization, Inc. to acquire and develop affordable housing units in the amount
of $120,351; recertify the agency as a City of Clearwater Community Housing
Development Organization, and authorize the appropriate officials to execute
same. (consent)
10.3
Award a contract (purchase order) to Pierce Manufacturing Inc. of Appleton, WI,
in the amount of $503,752.00, for the purchase of 1 new Pierce Heavy Duty
Velocity Pumper in accordance with Sec. 2.564 (1)(d), Code of Ordinances,
Other governmental bid, and authorize the appropriate officials to execute same.
(consent)
10.4 Authorize the funding of City medical insurance and authorize the City to
negotiate and finalize a contract between the City and Cigna Healthcare for
administrative services under a partial self-insured funding arrangement for the
Draft
Attachment number 1 \nPage 24 of 30
Item # 5
Council 2013-10-16 25
period of January 1, 2014 to December 31, 2014 at a total cost not to exceed
$15.8 million, to be funded through city budgeted funds, payroll deduction of
employee premiums, and reserves from the City’s Central Insurance Fund.
(consent)
10.5
Approve a one-year Agreement with Coordinated Child Care and the City of
Clearwater, commencing October 1, 2013 through September 30, 2014, for
funding of youth programs, at a rate of $17.16 per child, per day and authorize
the appropriate officials to execute same. (consent)
10.6
Approve a one-year renewal of Blanket Purchase Order BR 506827 with Grosz
Construction Co., Inc. of Tampa, FL, in the amount of $200,000 for the purchase
of labor, materials and equipment to perform various concrete projects including
sidewalks, slabs, and curbs for a variety of parks and recreation maintenance
and construction projects. (consent)
10.7
Approve Agreement between the School Board of Pinellas County and the City
of Clearwater through August 23, 2014 for the City to utilize Pinellas County
School buses at a cost of $1.25 per mile plus $26.50 per hour, for a total
estimated cost of $50,000 and authorize the appropriate officials to execute
same. (consent)
10.8
Accept the proposal from Construction Manager at Risk Keystone Excavators,
Inc., of Oldsmar, Florida for the construction of approximately 1570 feet of
gabions in Stevenson’s Creek for the guaranteed maximum price of
$1,491,820.00, and authorize the appropriate officials to execute same.
(consent)
10.9
Approve a purchase order (contract) to Pinellas County Solid Waste in the
amount of $250,000.00 for the disposal of solid waste at the Pinellas County
waste to energy plant/landfill for the period November 1, 2013 through October
31, 2014 as provided in the City's Code of Ordinances, Section 2.564(1)(d),
Services provided by Other Governmental Entities, and authorize the appropriate
officials to execute same. (consent)
10.10
Approve 2014 Council Meeting Schedule
Councilmember Doreen Hock-DiPolito moved to approve the Consent Agenda as
submitted and authorize the appropriate officials to execute same. The motion was duly
seconded and carried unanimously.
The Council recessed from 10:01 p.m. to 10:07 p.m.
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Item # 5
Council 2013-10-16 26
City Manager Reports
11. Other Items on City Manager Reports 11.1
Approve a request from the North American Vehicle Rescue Association
(NAVRA) to add a new City Co-Sponsored event entitled World Rescue
Challenge (WRC) to be held from October 28, 2013 through November 3, 2013
at Coachman Park and the Harborview Center parking lot; waive fees, at an
estimated cost of $33,328.04 ($8,155 of existing budgeted in-kind contributions
and $25,173.04 of unbudgeted in-kind contributions); and transfer $25,173.04
from retained earnings at first quarter to the appropriate departments outlined in
this agenda item. (consent)
According to City Council Policy, Item M, Special Event Fees, there shall be an
annual review of City sponsored/co-sponsored events during the budget process.
An agenda item approving co-sponsorship and level of support for these events
is brought before the City Council at the beginning of the budget process each
fiscal year. In the event additional money is requested beyond what is included
in the approved budget, City Council approval will be needed. NAVRA sponsors
and conducts events that will bring 31 rescue teams (6 - 8 members per team)
and 15 two-person trauma teams from 20 countries to compete and challenge
their skills in freeing trapped victims in mock vehicle accidents.
NAVRA (Special Event Permit 14-011) has requested that the City co-sponsor
this event and provide in-kind costs totaling $33,328.04. Approximately $8,155 of
in-kind services come from waiver of fees and other services already budgeted
for and available for this event. In addition, $25,173.04 is needed to support the
following departments since these funds were not included in the Fiscal Year
2013/14 operating budget.
Fire Department: $4,140.00
Parking: No anticipated fees
Parks and Recreation: $19,252.80
Police Department: $370.64
Risk Management: No anticipated fees
Special Events: $1,409.60
Funding for this event will be provided by a first quarter budget amendment
allocating General Fund reserves in the amount of $25,173.04. The balance in
General Fund reserves is approximately $18 million, or 15.7% of the 2013/14
General Fund operating budget.
In response to questions, Event Organizer Dan Zing said the request for city support
was provided to staff in May 2012. Mr. Zing provided copies of the estimated budget
that identified items needing city support. The PODS storage containers were provided
Draft
Attachment number 1 \nPage 26 of 30
Item # 5
Council 2013-10-16 27
by other municipalities. The estimated local economic impact is $2 million. Mr. Zing
said he was not aware that the City did not have some of the equipment identified in the
proposed budget and would need to rent the equipment.
Councilmember Bill Jonson moved to approve a request from the North American
Vehicle Rescue Association (NAVRA) to add a new City Co-Sponsored event entitled
World Rescue Challenge (WRC) to be held from October 28, 2013 through November
3, 2013 at Coachman Park and the Harborview Center parking lot; waive fees, at an
estimated cost of $33,328.04 ($8,155 of existing budgeted in-kind contributions and
$25,173.04 of unbudgeted in-kind contributions); and transfer $25,173.04 from retained
earnings at first quarter to the appropriate departments outlined in this agenda item.
The motion was duly seconded and carried unanimously.
11.2
Approve a grant of $75,000 in General Fund Reserves to be set aside as a
commitment as the local government contribution that is required for applicants
to participate in the State of Florida’s Low Income Housing Tax Credit Program
(LIHTC) to Garden Trail Apartments 2013 LLC (Garden Trail), a proposed 76-
unit new affordable family rental housing development to be developed by
Southport Development, Inc.; and authorize the appropriate officials to execute
same. (consent)
On August 28, 2013, the City’s Economic Development and Housing Department
released a Request for Applications (RFA) for projects seeking a local
government contribution to apply for the Fiscal Year 2013-14 State of Florida
Low Income Housing Tax Credit Program (LIHTC). The City received five
proposals on September 19, 2013. Four applications were delivered timely and
one application was delivered after the 4:30pm published deadline.
The selection committee, made up of Economic Development and Housing and
Planning and Development staff, met and ranked the applications through its
published ranking process. The ranking criteria and total score spreadsheet is
attached.
The committee ranked the projects in the following order:
1) Garden Trail Apartments, by Southport Development, 76 units-family
(Garden Ave. and Eldridge St.)
2) Prospect Park Apartments, by Atlantic Housing Partners, 95 units-family
(Laura St. and MLK Ave.)
Draft
Attachment number 1 \nPage 27 of 30
Item # 5
Council 2013-10-16 28
3) Heritage at Cleveland, by NuRock Development Partners, 75 units-elderly
(Cleveland and Madison)
4) Vista City View, by NuRock Development Partners, 60 units-family (Myrtle
and Pierce)
***Prospect Lake Reserve, by Sunshine Development Group, 64 units-family
(MLK Ave. and Pierce St.); Application was disqualified due to not meeting
published deadline.
The top recommended project is Garden Trail Apartments and consists of 76
one, two and three-bedroom units located in five buildings that will serve the
family demographic. Some of the amenities in the project include a swimming
pool, clubhouse, grill area and playground. Resident programs will include after-
school programs for children, employment assistance counseling, and literacy
training. The subject site is located at the northeast and southeast corners of
Garden Avenue and Eldridge Street in the North Greenwood Neighborhood
Revitalization Strategy Area. The proposed development team is Southport
Development, Inc. (Developer), Vaughn Bay Construction, Inc. (Contractor), and
Architectonics Studio (Architect) who has successfully worked together on the
development of more than 10 affordable housing communities over the past 5
years. The estimated total development cost is $11.5 million.
Staff is recommending a funding commitment to Garden Trail as the top-ranked
project using $75,000 from General Fund Reserves and/other Housing Division
funds if available at the time of project award. According to LIHTC program rules,
only one project per Large County will be funded for development through this
tax credit cycle.
Staff does not recommend commitments to the second, third, fourth-ranked and
disqualified projects. While the second-ranked project proposed a mixed-income
and mixed-use project, the breakout of 80% affordable and 20% market rate
does not meet the goal of the CRA to increase family incomes in this area. In
addition, a higher density project that encompassed the entire site is desired. As
proposed, the project only covers approximately half of the site.
The third and fourth-ranked project, and the disqualified project, all proposed only
low-income housing on their sites with no mixed-income components. These
projects did not meet the overarching policy perspective, that a mixed-income
project (both market rate and affordable units) is preferred in the Downtown
Core, Town Lake Business, and Town Lake Residential Character Districts to
Draft
Attachment number 1 \nPage 28 of 30
Item # 5
Council 2013-10-16 29
create a strong market to support the retail/restaurant, technology workforce, and
event recruitment efforts in the Cleveland Street District (Clearwater Downtown
Redevelopment Plan). Staff would not recommend any incentives to build LIHTC-
type projects at these locations.
The application period for the LIHTC Program for Large Counties
(Duval/Hillsborough/Orange/Pinellas) opened on September 19 with applications
due October 30, 2013. The final board approval is scheduled for December 13,
2013. If no City of Clearwater projects are funded, the commitment for General
Fund Reserves would be released.
As background, the Low Income Housing Tax Credit Program is governed by the
U.S. Department of Treasury under Section 252 of the Tax Reform Act of 1986
and Section 42 of the Internal Revenue Code, as amended. The program was
established to provide for-profit and non-profit organizations with a dollar-for-
dollar reduction in federal tax liability in exchange for the acquisition and
substantial rehabilitation or new construction of low and very low-income rental
housing units (60% of the Area Median Income and below with a set aside for
40% of AMI and below). In this application cycle, the minimum value of
contributions required from a government agency for a Tax Credit Program
application to receive the maximum points is $75,000. It is the City’s
understanding that in order to meet this requirement, the local government needs
to make a commitment to each project they are supporting.
The balance in General Fund reserves is approximately $18 million, or 15.7% of
the 2013/14 General Fund operating budget.
Two individuals supported including the submissions for Heritage at Cleveland and
Vista City View. One individual supported the staff’s recommendation.
Councilmember Doreen Hock-DiPolito moved to approve a grant of $75,000 in General
Fund Reserves to be set aside as a commitment as the local government contribution
that is required for applicants to participate in the State of Florida’s Low Income Housing
Tax Credit Program (LIHTC) to Garden Trail Apartments 2013 LLC (Garden Trail), a
proposed 76-unit new affordable family rental housing development to be developed by
Southport Development, Inc.; and authorize the appropriate officials to execute same.
The motion was duly seconded.
In response to a suggestion, Assistant City Manager Rod Irwin said staff did not
recommend submitting an application for Prospect Park Apartments because it did not
fully utilize the site and had concerns with the proposed business model. Mr. Irwin said
$14 million in tax credit is needed to build Prospect Park Apartments.
Draft
Attachment number 1 \nPage 29 of 30
Item # 5
Council 2013-10-16 30
Upon the vote being taken, Vice Mayor Gibson and Councilmembers Doreen Hock-
DiPolito and Bill Jonson voted “Aye”; Mayor George Cretekos and Councilmember Jay
Polglaze voted “Nay”.
Motion carried.
Miscellaneous Reports and Items
12. City Manager Verbal Reports – None.
13.
Other Council Action 13.1
City Attorney Evaluation
AND
13.2
City Manager Evaluation
Councilmembers gave positive evaluations of the City Attorney and City Manager.
14.
Closing Comments by Mayor
Mayor George N. Cretekos reviewed all recent and upcoming events.
15.
Adjourn
The meeting adjourned at 11:18 p.m.
Mayor
City of Clearwater
Attest
City Clerk Draft
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Report Number
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Address
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Crash Date Street Name
1/4/2012 8:00
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7/3/2012 10:51
GULF TO BAY BLVD
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GULF TO BAY BOULEVARD
GULF TO BAY BLVD
SR 60 (GULF TO BAY BLVD)
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GULF TO BAY BLVD
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Intersecting Street Name
BELCHER RD
BELCHER ROAD
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BELCHER RD
S BELCHER RD
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S BELCHER RD
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5 BELCHER RD
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Gulf To Bay Blvd & S Belcher Rd
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7/7/2012 11:53
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8/18/2012 13:50
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12/7/2012 12:37
12/13/2012 16:30
12/15/2012 10:17
12/21/2012 13:08
12/30/2012 7:17
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GULF TO BAY BLVD
GULF TO BAY B LVD
GULF TO BAY BLVD
GULF TO BAY BLVD
SR 60 (GULF TO BAY BLVD)
GULF -TO -BAY BLVD
GULF TO BAY BLVD
GULF TO BAY BLVD
GULF TO BAY BLVD.
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GULF TO BAY BLVD.
GULF TO BAY BLVD
GULF TO BAY BLVD
GULF TO BAY BLVD
GULF TO BAY BLVD.
SR 60 (GULF TO BAY BLVD)
GULF TO BAY BLVD
GULF TO BAY BOULEVARD
GULF TO BAY BLVD
GULF TO BAY BLVD
GULF TO BAY BLVD
GULF TO BAY BLVD
GULF TO BAY BOULEVARD
GULF TO BAY BLVD
GULF TO BAY BLVD
SR 60 (GULF TO BAY BLVD)
GULF TO BAY BLVD
GULF TO BAY BLVD.
GULF TO BAY BLVD
GULF TO BAY BLVD
GULF TO BAY BLVD
GULF TO BAY BLVD
SOUTH BELCHER RD
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S. BELCHER RD.
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CW13 -2273
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Gulf To Bay Blvd & S Belcher Rd
S Belcher Rd & Gulf To Bay Blvd
S Belcher Rd & Gulf To Bay Blvd
Gulf To Bay Blvd & S Belcher Rd
Gulf To Bay Blvd & S Belcher Rd
Gulf To Bay Blvd & S Belcher Rd
Gulf To Bay Blvd & S Belcher Rd
Gulf To Bay Blvd & S Belcher Rd
S Belcher Rd & Gulf To Bay Blvd
Gulf To Bay Blvd & S Belcher Rd
Gulf To Bay Blvd & S Belcher Rd
S Belcher Rd & Gulf To Bay Blvd
Gulf To Bay Blvd & S Belcher Rd
S Belcher Rd & Gulf To Bay Blvd
Gulf To Bay Blvd & S Belcher Rd
S Belcher Rd & Gulf To Bay Blvd
S Belcher Rd & Gulf To Bay Blvd
Gulf To Bay Blvd & S Belcher Rd
Gulf To Bay Blvd & S Belcher Rd
Gulf To Bay Blvd & S Belcher Rd
S Belcher Rd & Gulf To Bay Blvd
Gulf To Bay Blvd & S Belcher Rd
S Belcher Rd & Gulf To Bay Blvd
Gulf To Bay Blvd & S Belcher Rd
Gulf To Bay Blvd & S Belcher Rd
Gulf To Bay Blvd & S Belcher Rd
S Belcher Rd & Gulf To Bay Blvd
Gulf To Bay Blvd & S Belcher Rd
Gulf To Bay Blvd & S Belcher Rd
S Belcher Rd & Gulf To Bay Blvd
S Belcher Rd & Gulf To Bay Blvd
1/5/201319:20
1/7/2013 9:13
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1/7/2013 19:16
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3/5/2013 13:02
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3/5/2013 18:56
3/6/2013 16:30
3/7/2013 17:50
3/9/2013 15:30
3/13/2013 12:38
3/15/2013 14:15
3/20/2013 18:45
3/22/2013 15:27
3/26/2013 18:40
3/30/2013 11:42
GULF TO BAY BLVD
S BELCHER RD
BELCHER ROAD
GULF TO BAY BOULEVARD
GULF TO BAY BLVD
GULF TO BAY BLVD
SR 60 (GULF TO BAY BLVD)
GULF TO BAY BOULEVARD
S. BELCHER RD
SR 60 (GULF TO BAY BLVD)
SR 60 (GULF TO BAY BLVD)
S. BELCHER RD.
SR 60 (GULF TO BAY BLVD)
GULF TO BAY BLVD.
S. BELCHER RD
GULF TO BAY BLVD
SOUTH BELCHER ROAD
SOUTH BELCHER ROAD
GULF TO BAY BLVD
GULF TO BAY BLVD
GULF TO BAY
SOUTH BELCHER ROAD
GULF TO BAY BLVD
S BELCHER RD
GULF TO BAY BLVD
GULF TO BAY BLVD
GULF TO BAY BLVD
BELCHER RD
SR 60 (GULF TO BAY BLVD)
GULF TO BAY BLVD
GULF TO BAY BOULEVARD
GULF TO BAY BLVD
S BELCHER ROAD
S BELCHER RD
BELCHER ROAD
GULF TO BAY BLVD
GULF TO BAY BOULEVARD
BELCHER ROAD
BELCHER RD
BELCHER RD
BELCHER RD
BELCHER ROAD
GULF TO BAY BLVD
BELCHER RD
BELCHER RD
GULF TO BAY BOULEVARD
BELCHER RD
BELCHER RD.
GULF TO BAY BLVD
SOUTH BELCHER RD
GULF TO BAY BOULEAVRD
GULF TO BAY BOULEVARD
BELCHER ROAD
SOUTH BELCHER RD
BELCHER RD
GULF TO BAY BOULEVARD
SOUTH BELCHER RD
GULF TO BAY
S BELCHER RD
S BELCHER RD
S BELCHER RD
GULF TO BAY BLVD
BELCHER RD
BELCHER ROAD
S. BELCHER RD.
S BELCHER RD
GULF TO BAY
GULF TO BAY BLVD
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Gulf To Bay Blvd & S Belcher Rd
Gulf To Bay Blvd & S Belcher Rd
S Belcher Rd & Gulf To Bay Blvd
S Belcher Rd & Gulf To Bay Blvd
S Belcher Rd & Gulf To Bay Blvd
S Belcher Rd & Gulf To Bay Blvd
Gulf To Bay Blvd & S Belcher Rd
S Belcher Rd & Gulf To Bay Blvd
Gulf To Bay Blvd & S Belcher Rd
S Belcher Rd & Gulf To Bay Blvd
Gulf To Bay Blvd & S Belcher Rd
Gulf To Bay Blvd & S Belcher Rd
S Belcher Rd & Gulf To Bay Blvd
S Belcher Rd & Gulf To Bay Blvd
Gulf To Bay Blvd & S Belcher Rd
Gulf To Bay Blvd & S Belcher Rd
Gulf To Bay Blvd & S Belcher Rd
S Belcher Rd & Gulf To Bay Blvd
Gulf To Bay Blvd & S Belcher Rd
S Belcher Rd & Gulf To Bay Blvd
Gulf To Bay Blvd & S Belcher Rd
Gulf To Bay Blvd & S Belcher Rd
Gulf To Bay Blvd & S Belcher Rd
S Belcher Rd & Gulf To Bay Blvd
Gulf To Bay Blvd & S Belcher Rd
S Belcher Rd & Gulf To Bay Blvd
Gulf To Bay Blvd & S Belcher Rd
S Belcher Rd & Gulf To Bay Blvd
Gulf To Bay Blvd & S Belcher Rd
S Belcher Rd & Gulf To Bay Blvd
S Belcher Rd & Gulf To Bay Blvd
S Belcher Rd & Gulf To Bay Blvd
S Belcher Rd & Gulf To Bay Blvd
Gulf To Bay Blvd & S Belcher Rd
4/2/2013 19:16
4/18/2013 18:04
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4/27/2013 13:47
4/28/2013 15:37
4/30/2013 16:21
5/3/2013 6:51
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6/23/2013 11:17
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7/16/2013 8:47
7/16/2013 11:56
7/22/2013 10:01
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7/26/2013 18:19
8/1/2013 12:25
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8/16/2013 14:34
GULF TO BAY BLVD
GULF TO BAY BLVD
BELCHER ROAD
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SOUTH BELCHER RD
GULF TO BAY BLVD
BELCHER RD
GULF TO BAY BLVD
S. BELCHER RD
GULF TO BAY BLVD
GULF TO BAY BLVD
BELCHER RD
BELCHER RD
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S.R. 60 (GULF TO BAY BLVD.
S.R. 60 (GULF TO BAY BLVD
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S BELCHER RD
GULF TO BAY BLVD
GULF TO BAY BLVD
GULF TO BAY BLVD
S BELCHER RD
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S BELCHER RD
SR 60 (GULF TO BAY BLVD)
S BELCHER RD
SR 60 (GULF TO BAY BLVD)
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S BELCHER ROAD
BELCHER RD
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GULF TO BAY BLVD
S BELCHER RD
BELCHER RD
GULF TO BAY BLVD
GULF TO BAY BLVD
GULF TO BAY BLVD
GULF TO BAY BLVD
BELCHER ROAD
GULF TO BAY
BELCHER RD
GULF TO BAY BLVD
N. BELCHER RD
S BELCHER RD
GULF TO BAY BLVD
GULF TO BAY BLVD
BELCHER RD
SOUTH BELCHER ROAD
SOUTH BELCHER ROAD
GULF TO BAY BLVD
S BELCHER RD
GULF TO BAY BLVD
SOUTH BELCHER RD
BELCHER RD
S BELCHER RD
GULF TO BAY BLVD
S BELCHER RD
GULF TO BAY BLVD
BELCHER RD
GULF TO BAY BLVD
BELCHER RD
GULF TO BAY BLVD
GULF TO BAY BLVD
SR 60 (GULF TO BAY BLVD)
GULF TO BAY BLVD
BELCHER RD
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Gulf To Bay Blvd & 5 Belcher Rd
Gulf To Bay Blvd & S Belcher Rd
Gulf To Bay Blvd & S Belcher Rd
S Belcher Rd & Gulf To Bay Blvd
S Belcher Rd & Gulf To Bay Blvd
S Belcher Rd & Gulf To Bay Blvd
Gulf To Bay Blvd & S Belcher Rd
Gulf To Bay Blvd & 5 Belcher Rd
Gulf To Bay Blvd & S Belcher Rd
Gulf To Bay Blvd & S Belcher Rd
Gulf To Bay Blvd & 5 Belcher Rd
S Belcher Rd & Gulf To Bay Blvd
S Belcher Rd & Gulf To Bay Blvd
Gulf To Bay Blvd & S Belcher Rd
Gulf To Bay Blvd & 5 Belcher Rd
Gulf To Bay Blvd & S Belcher Rd
Gulf To Bay Blvd & 5 Belcher Rd
Gulf To Bay Blvd & S Belcher Rd
5 Belcher Rd & Gulf To Bay Blvd
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8/19/2013 18:26
9/1/2013 15:40
9/2/2013 9:04
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9/22/2013 23:20
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10/12/2013 21:14
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10/19/2013 13:27
10/26/2013 19:35
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GULF TO BAY BLVD.
GULF TO BAY (STATE RD 60)
GULF TO BAY BLVD
BELCHER RD
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GULF TO BAY BLVD
GULF TO BAY BLVD
GULF TO BAY BLVD
GULF TO BAY BLVD
GULF TO BAY BLVD
S BELCHER RD
S BELCHER RD
GULF TO BAY BLVD
GULF TO BAY BLVD
GULF TO BAY BLVD
GULF TO BAY BLVD
SR 60 (GULF TO BAY BLVD)
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BELCHER RD.
BELCHER RD
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BELCHER RD
BELCHER ROAD
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City Council Agenda
Council Chambers - City Hall
Meeting Date:11/7/2013
SUBJECT / RECOMMENDATION:
Continue Development Agreement between Mainstream Partners VIII, LTD (the property owner) and the City of Clearwater,
providing for the allocation of 100 units from the Hotel Density Reserve to the December 5, 2013 council meeting. (HDA2013-
08004)
SUMMARY:
The applicant is requesting the continuance in order to prepare changes to the Conceptual Site Plan as directed by Council at
the October 16, 2013 meeting.
Review Approval:
Cover Memo
Item # 6
City Council Agenda
Council Chambers - City Hall
Meeting Date:11/7/2013
SUBJECT / RECOMMENDATION:
Approve the Development Agreement between Ted and Maria Lenart, Trustees of Lenart Family Trust UTD December 20, 1991
(the property owner) and the City of Clearwater, providing for the allocation of up to 69 units from the Hotel Density Reserve
under Beach by Design with a change to the wording of Section 6.1.3.2 of the Development Agreement from five years from
approval of the Development Agreement to one year for obtaining a site plan approval; adopt Resolution 13-31, and authorize the
appropriate officials to execute same. (HDA2013-08007)
SUMMARY:
Development Proposal:
The owners propose to utilize the existing 64-rooms (30 of which are considered as conforming through an approved Termination
of Status of Nonconformity for density (FLD2013-08025) reviewed by the Community Development Board on October 15, 2013)
while requesting up to an additional 69 hotel rooms from the Hotel Density Reserve through Beach by Design resulting in a total of
103 units (150 units per acre). It should be reiterated that the maximum density permitted by Beach by Design is 150 units per acre
or, for this site, 103 units.
Consistency with the Community Development Code:
No changes have been made to the Conceptual Site Plan presented at the October 16, 2013 Council meeting. The Conceptual Site
Plan continues to appear to be consistent with the CDC with regard to:
Minimum Lot Area and Width:
Minimum Setbacks:
Maximum Height:
Minimum Off-Street Parking:
Landscaping:
Consistency with Beach by Design:
No changes have been made to the Conceptual Site Plan presented at the October 16, 2013 Council meeting. The Conceptual Site
Plan continues to appear to be consistent with the Beach by Design with regard to:
Design Guidelines
Hotel Density Reserve
Standards for Development Agreements:
Staff has requested minor to be made to the Development Agreement since the October 16, 2013 Council meeting as follows:
Cover Memo
Item # 7
1.Clarify in Sections 6.2.3 and 6.1.5 what occurs in the event of compliance with conditions of the Termination of
Nonconformity. This language should reflect that 30 of the 69 request units from the Reserve will be returned to the
Reserve thereby maintaining the maximum permitted density of 150 units per acre or a total of 103 units.
2.Recite density in Section 4.1.
3.In Section 6.1.6, replace “overnight hotel guests” with “members of the public as overnight hotel guests”.
4.Remove the reference to the timeframe which allows up to five years for obtaining development approval in Section 6.1.3.2
and replace with one year and add language that the site plan must be approved and construction started within the
timeframes as set forth in the CDC.
5.Attach Conceptual Plan as Exhibit “B” and title that Exhibit accordingly.
6.Change “Site Plan” to “Conceptual Site Plan” in Section 6.1.3.1 and anywhere else where the intent is to refer to the
Conceptual Site Plan.
7.Add provisions regarding the provision of a bond as follows: “Developer agrees to provide a cashier’s check, a payment
and performance bond, or letter of credit in the amount of 115% of the estimated costs of the public facilities and services to
be deposited with the City to secure construction of any new public facilities and services required to be constructed by this
Agreement. Such construction shall be completed prior to issuance of a Certificate of Occupancy for the Project.”
The applicant did not incorporate the requested change with regard to item four, above, and is reflected in Staff’s recommendation.
The proposal is in compliance with the standards for development agreements, is consistent with the Comprehensive Plan and
furthers the vision of beach redevelopment set forth in Beach by Design. The proposed Development Agreement will be in effect
for a period not to exceed ten years, meets the criteria for the allocation of rooms from the Hotel Density Reserve under Beach by
Design and includes the following main provisions:
Provides for the allocation of up to 69 units from the Hotel Density Reserve or a maximum density of 150 units per acre,
whichever is less;
Requires the developer to obtain building permits and certificates of occupancy in accordance with (CDC) Section 4-407;
Requires the return of any hotel unit obtained from the Hotel Density Reserve that is not constructed;
For units allocated from the Hotel Density Reserve, prohibits the conversion of any hotel unit to a residential use and requires
the recording of a covenant restricting use of such hotel units to overnight accommodation usage; and
Requires a legally enforceable mandatory evacuation/closure covenant that the hotel will be closed as soon as practicable after
a hurricane watch that includes Clearwater Beach is posted by the National Hurricane Center.
Changes to Development Agreements:
Pursuant to Section 4-606.I., CDC, a Development Agreement may be amended by mutual consent of the parties, provided the
notice and public hearing requirements of Section 4-206 are followed. Revisions to conceptual site plans and/or architectural
elevations attached as exhibits to this Development Agreement shall be governed by the provisions of Section 4-406, CDC. Minor
revisions to such plans may be approved by the Community Development Coordinator. Other revisions not specified as minor
shall require an amendment to this Development Agreement.
The Planning and Development Department is recommending APPROVAL of this Development Agreement for
the allocation of up to 69 units from the Hotel Density Reserve under Beach by Design with a change to the
wording of Section 6.1.3.2 from five years from approval of the Development Agreement to one year for obtaining
of site plan approval.
Review Approval:
Cover Memo
Item # 7
DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT ("AGREEMENT") is dated the _______
day of _______________, 2013, and entered into between Ted Lenart and Maria
Lenart, Trustees of the Lenart Family Trust, utd December 20, 1991 (“Developer"),
its successors and assigns, and the CITY OF CLEARWATER, FLORIDA, a political
subdivision of the State of Florida acting through its City Council, the governing body
thereof ("City").
RECITALS:
WHEREAS, one of the major elements of the City's revitalization effort is a
preliminary plan for the revitalization of Clearwater Beach entitled Beach by Design; and
WHEREAS, Sections 163.3220 - 163.3243, Florida Statutes, which set forth the
Florida Local Government Development Agreement Act ("Act"), authorize the City to
enter into binding development agreements with persons having a legal or equitable
interest in real property located within the corporate limits of the City; and
WHEREAS, under Section 163.3223 of the Act, the City has adopted Section 4-
606 of the City of Clearwater Community Development Code ("Code"), establishing
procedures and requirements to consider and enter into development agreements; and
WHEREAS, Beach by Design proposed additional hotel units to equalize
development opportunities on the beach and ensure Clearwater Beach remains a quality,
family resort community by further providing for a limited pool of additional hotel units
("Hotel Density Reserve") to be made available for such mid-sized hotel projects; and
WHEREAS, the Developer owns approximately 0.69 acres of real property
("Property") in the corporate limits of the City, more particularly described on Exhibit "A"
attached hereto and incorporated herein; and
WHEREAS, the Developer desires to develop the Property to add overnight
accommodation units, minimal meeting space for guest use, pool/tiki bar, lobby and
parking with parking spaces, generally conforming to the architectural elevation
dimensions shown in composite Exhibit "B” (collectively, the improvements are the
“Project”); and
WHEREAS, upon completion the planned resort will contain 103 units, which
includes a maximum of sixty nine (69) units from the available Hotel Density Reserve
(“Reserve Units”); and
WHEREAS, the City has conducted such hearings as are required by and in
accordance with Chapter 163.3220 Fla. Stat. (2012) and any other applicable law; and
Attachment number 1 \nPage 1 of 21
Item # 7
2
WHEREAS, the City has determined that, as of the Effective Date of this
Agreement, the proposed project is consistent with the City's Comprehensive Plan and
Land Development Regulations; and
WHEREAS, the City has conducted public hearings as required by §§ 4-206 and
4-606 of the Community Development Code; and
WHEREAS, at a duly called public meeting on ______________________, 2013,
the City Council approved this Agreement and authorized and directed its execution by
the appropriate officials of the City; and
WHEREAS, approval of this Agreement is in the interests of the City in
furtherance of the City's goals of enhancing the viability of the resort community and in
furtherance of the objectives of Beach by Design; and
WHEREAS, Developer has approved this Agreement and has duly authorized
certain individuals to execute this Agreement on Developer's behalf.
STATEMENT OF AGREEMENT
In consideration of and in reliance upon the premises, the mutual covenants
contained herein, and other good and valuable consideration, the receipt and sufficiency
of which are hereby acknowledged, the parties hereto intending to be legally bound and in
accordance with the Act, agree as follows:
SECTION 1. Recitals. The above recitals are true and correct and are a part of
this Agreement.
SECTION 2. Incorporation of the Act. This Agreement is entered into in
compliance with and under the authority of the Code and the Act, the terms of which as of
the date of this Agreement are incorporated herein by this reference and made a part of
this Agreement. Words used in this Agreement without definition that are defined in the
Act shall have the same meaning in this Agreement as in the Act.
SECTION 3. Property Subject to this Agreement. The Property described in
Exhibit "A" is subject to this Agreement ("Property").
3.1 The Property currently has a land use designation of Resort Facilities High
(RFH) and is zoned Tourist (T).
3.2. The Property is owned in fee simple or under contract to be owned in fee
simple by the Developer.
3.3 The Property is generally located at 625 S. Gulfview Blvd., Clearwater, FL
33767 as more further described in Exhibit “A”.
Attachment number 1 \nPage 2 of 21
Item # 7
3
SECTION 4. Scope of Project.
4.1 The Project shall consist of no more than 103 overnight accommodation
units and 150 units per acre. Of the 103 overnight accommodation units, no more than 69
of those units shall be from the Hotel Density Reserve.
4.2 The Project shall include a minimum of 126 parking spaces, as defined in
the Community Development Code.
4.3 The design of the Project, as represented in Exhibit “B”, is consistent with
Beach by Design, except as otherwise shown on Exhibit “B”.
4.4 The height shall not exceed one hundred (100) feet from Base Flood
Elevation, as defined in the Code.
SECTION 5. Effective Date/Duration of this Agreement.
5.1 This Agreement shall not be effective until this Agreement is properly
recorded in the public records of Pinellas County, Florida, and thirty (30) days have
elapsed after having been received by the Department of Economic Opportunity pursuant
to Florida Statutes Section 163.3239 and Clearwater Community Development Code
Section 4606G. 2.
5.2 Within fourteen (14) days after the City approves the execution of this
Agreement, the City shall record the Agreement with the Clerk of the Circuit Court for
Pinellas County. The Developer shall pay the cost of such recording. The City shall
submit to the Department of Economic Opportunity a copy of the recorded Agreement
within fourteen (14) days after the Agreement is recorded.
5.3 This Agreement shall continue in effect until terminated, as defined herein,
but for a period not to exceed ten (10) years.
SECTION 6. Obligations under this Agreement.
6.1 Obligations of the Developer:
6.1.1 The obligations under this Agreement shall be binding upon and the
benefits of this Agreement shall inure to the Developer, its successors in interests or
assigns.
6.1.2 At the time of development of the Property, the Developer will
submit such applications and documentation as are required by law and shall comply with
the City's Code applicable at the time of building permit review.
6.1.3 The following restrictions shall apply to development of the
Property:
Attachment number 1 \nPage 3 of 21
Item # 7
4
6.1.3.1 To retain the grant of Reserve Units provided for herein,
the Property and improvements located thereon shall be developed in
substantial conformance with the Site Plan attached as Exhibit "B". Any
modifications determined by the Planning Director as either inconsistent
with attached Exhibit “B” or constituting a substantial deviation from
attached Exhibit “B” shall require an amendment to this Agreement in
accordance with the procedures of the Act and the Code, as necessary and
applicable. Any and all such approved and adopted amendments shall be
recorded in the public records of Pinellas County, Florida.
6.1.3.2 The Developer shall obtain appropriate site plan approvals
pursuant to a Level One or Level Two development application, within
five (5) years from the effective date of this Agreement ("Commencement
Date") in accordance with the provisions of the Code. Nothing herein shall
restrict Developer from seeking an extension of this Agreement, and the
Commencement Date, pursuant to the Code or state law.
6.1.3.3 The Developer shall execute, prior to commencement of
construction, a mandatory evacuation/closure covenant, substantially in the
form of Exhibit "C", that the accommodation use will closed as soon as
practicable after a hurricane watch that includes Clearwater Beach is
posted by the National Hurricane Center.
6.1.4 Covenant of Unified Use. Prior to the issuance of the first building
permit for the Project, the Developer hereby agrees to execute the
covenant of unified use and development for the Project Site
providing that the Project Site shall be developed and used as a
single project, the form of which covenant is attached as Exhibit
"D"; provided however, that nothing shall preclude the Developer
from selling all or a portion of the Developer's Property in the event
that Developer determines not to construct the Project. It is
understood and agreed that, in the event that the Developer enters
into the anticipated covenant of unified use and development, and
the Developer elects not to construct the Project and notifies the
City of its election in writing, and, alternatively, as of the date of
expiration, termination or revocation any rights of Developer to
incorporate the Hotel Density Reserve Units into the Project, the
City shall execute and deliver to the Developer a termination of
such covenant of unified use and development suitable for
recording in the Public Records of Pinellas County, Florida.
6.1.5 Return of Units to Reserve Pool. Any Reserve Units granted to
Developer not timely constructed in conjunction with the Project
shall be returned to the Hotel Density Reserve and be unavailable to
Developer for use on this Project. On October 15, 2013, the
Community Development Board conditionally terminated the non-
Attachment number 1 \nPage 4 of 21
Item # 7
5
conforming status of the Property pursuant to Case No. FLD2013-
08025. In the event the conditions associated with the Termination
of Non-conforming Status are met prior to October 15, 2014,
thereby vesting the density approved in FLD2013-08025.
Developer hereby agrees to return thirty (30) Hotel Density
Reserve Units which is the equivalent of the number of existing
units determined to be conforming by FLD2013-08025.
6.1.6 Transient Use. Occupancy in the overnight accommodation units
from the Hotel Density Reserve is limited to a term of less than one
(1) month or thirty (30) consecutive days, whichever is less. No
hotel unit in a hotel receiving units from the Hotel Density Reserve
shall be used as a primary or permanent residence and each hotel
unit shall be available to transient hotel guests. All hotel units shall
be required to be submitted to a rental program requiring all hotel
units to be available for members of the public as overnight hotel
guests on a transient basis at all times.
6.1.7 Inspection of Records. Developer shall make available for
inspection to the City its books and records pertaining to each Hotel
Density Reserve unit upon reasonable notice to confirm compliance
with these regulations as allowed by general law.
6.1.8 Limitation on Amplified Music. Developer agrees that there shall
be no outdoor amplified music at the Project after 11:00 p.m. on
Sunday through Thursday, or after 12:00 midnight on Friday and
Saturday.
6.1.9 Public Facilities. Developer agrees to provide a cashier’s check, a
payment and performance bond, or a letter of credit in the amount
of 115% of the estimated costs of the public facilities and services,
if any, to be deposited with the City to secure construction of any
new public facilities and services required to be constructed by this
Agreement. Developer and City agree that there are no public
facilities contemplated by this Agreement.
6.2 Obligations of the City.
6.2.1 The City shall promptly process site and construction plan
applications for the Property that are consistent with the Comprehensive Plan and
the Concept Plan and that meet the requirements of the Code.
6.2.2 The final effectiveness of the re-designations referenced in Section
6.2.1 is subject to:
6.2.2.1 The provisions of Chapters 163 and 166, Florida Statutes, as
they may govern such amendments; and
Attachment number 1 \nPage 5 of 21
Item # 7
6
6.2.2.2 The expiration of any appeal periods or, if an appeal is filed,
at the conclusion of such appeal.
6.2.3 The Project shall receive Sixty-Nine (69) units from the Hotel
Density Reserve as defined in Beach by Design. Pursuant to section 6.1.5, in the
event the Developer meets the conditions for the Termination of Nonconforming
Status therefore vesting the existing density, the Developer shall return thirty (30)
Hotel Density Reserve Units to the City. In no way shall this be construed as to
permit density greater than 150 units per acre on the Property.
SECTION 7. Public Facilities to Service Development. The following public
facilities are presently available to the Property from the sources indicated below.
Development of the Property will be governed by the concurrency ordinance provisions
applicable at the time of development approval. With respect to transportation and other
public infrastructure and services subject to concurrency requirements, all applicable
concurrency provisions for the proposed development have been met, including the
Metropolitan Planning Organization concurrency management.
7.1 Potable water is available from the City. The Developer shall be
responsible for all necessary main extensions and applicable connection fees.
7.2 Sewer service is currently provided by the Cit y. The Developer shall be
responsible for all necessary main extensions and applicable connection fees.
7.3 Fire protection from the City.
7.4 Drainage facilities for the Property will be provided by the Developer at
the Developer's sole expense.
7.5 All improvements associated with the public facilities identified in
Subsections 7.1 through 7.4 shall be completed prior to the issuance of any certificate of
occupancy.
SECTION 8. Required Local Government Permits. The required local
government development permits for development of the Property include, without
limitation, the following:
8.1 Site plan approval(s) and associated utility licenses, access, and right-of-
way utilization permits;
8.2 Construction plan approval(s);
8.3 Building permit(s); and
8.4 Certificate(s) of occupancy.
Attachment number 1 \nPage 6 of 21
Item # 7
7
SECTION 9. Consistency. The City finds that development of the Property is
consistent with the terms this Agreement is consistent with the City Comprehensive Plan
and the Code.
SECTION 10. Termination.
10.1 If the Developer's obligations set forth in this Agreement are not followed
in a timely manner, as reasonably determined by the City Manager, after notice to the
Developer and an opportunity to be heard, existing permits shall be administratively
suspended and issuance of new permits suspended until the Developer has fulfilled its
obligations. Failure to timely fulfill its obligations may serve as a basis for termination of
this Agreement by the City, at the discretion of the City and after notice to the Developer
and an opportunity for the Developer to be heard.
SECTION 11. Other Terms and Conditions.
11.1 Except in the case of termination, until ten (10) years after the date of this
Agreement, the Property shall not be subject to down-zoning, unit density reduction, or
intensity reduction, unless the City has held a public hearing and determined:
11.1.1 That substantial changes have occurred in pertinent conditions
existing at the time of approval of this Agreement; or
11.1.2 This Agreement is based on substantially inaccurate information
provided by the Developer; or
11.1.3 That the change is essential to the public health, safety, or welfare.
SECTION 12. Compliance with Law. The failure of this Agreement to address
any particular permit, condition, term or restriction shall not relieve the Developer from
the necessity of complying with the law governing such permitting requirements,
conditions, terms or restrictions.
SECTION 13. Notices. Notices and communications required or desired to be
given under this Agreement shall be given to the parties by hand delivery, by nationally
recognized overnight courier service such as Federal Express, or by certified mail, return
receipt requested, addressed as follows (copies as provided below shall be required for
proper notice to be given):
If to the Developer: Ted and Maria Lenart, Trustees of the Lenart
Family Trust, u/t/d/ December 20, 1991
8556 W. Winnemac, Noridge
Chicago, IL 60656
Attachment number 1 \nPage 7 of 21
Item # 7
8
With Copy to: Katherine E. Cole, Esq.
Hill Ward Henderson
311 Park Place, Suite 240
Clearwater, FL 33759
If to City: City of Clearwater, City Attorney
ATTN: Pamela Akin, Esq.
112 South Osceola Avenue
Clearwater, FL 33756
Properly addressed, postage prepaid, notices or communications shall be deemed
delivered and received on the day of hand delivery, the next business day after deposit
with an overnight courier service for next day delivery, or on the third 3rd day following
deposit in the United States mail, certified mail, return receipt requested. The parties may
change the addresses set forth above (including the addition of a mortgagee to receive
copies of all notices), by notice in accordance with this Section.
SECTION 14. Assignments.
14.1 By the Developer:
14.1.1 Prior to the Commencement Date, the Developer may sell, convey,
assign or otherwise dispose of any or all of its right, title, interest and obligations
in and to the Project, or any part thereof, only with the prior written notice to the
City, provided that such party (hereinafter referred to as the "assignee"), to the
extent of the sale, conveyance, assignment or other disposition by the Developer to
the assignee, shall be bound by the terms of this Agreement the same as the
Developer for such part of the Project as is subject to such sale, conveyance,
assignment or other disposition.
14.1.2 If the assignee of the Developer's right, title, interest and
obligations in and to the Project, or any part thereof assumes all of the Developer's
obligations hereunder for the Project, or that part subject to such sale, conveyance,
assignment or other disposition, then the Developer shall be released from all such
obligations hereunder which have been so assumed by the assignee, and the City
agrees to execute an instrument evidencing such release, which shall be in
recordable form.
14.1.3 An assignment of the Project, or any part thereof, by the Developer
to any corporation, limited partnership, limited liability company, general
partnership, or joint venture, in which the Developer (or an entity under common
control with Developer) has either the controlling interest or through a joint
venture or other arrangement shares equal management rights and maintains such
controlling interest or equal management rights shall not be deemed an assignment
or transfer subject to any restriction on or approvals of assignments or transfers
imposed by this Agreement, provided, however, that notice of such assignment
shall be given by the Developer to the City not less than thirty (30) days prior to
Attachment number 1 \nPage 8 of 21
Item # 7
9
such assignment being effective and the assignee shall be bound by the terms of
this Agreement to the same extent as would the Developer in the absence of such
assignment.
14.1.4 No assignee, purchaser, sublessee or acquirer of all or any part of
the Developer's rights and obligations with respect to any one Parcel shall in any
way be obligated or responsible for any of the Developer's obligations with respect
to any other Parcel by virtue of this Agreement unless and until such assignee,
purchaser, sublessee or acquire has expressly assumed the Developer's such other
obligations.
14.1.5 Notwithstanding any other provision of this paragraph, the sale of
individual Interval Ownership Units in the ordinary course of business shall not be
subject to the requirements of this paragraph.
14.2 Successors and Assigns. The terms herein contained shall bind and inure to
the benefit of the City, and its successors and assigns, and the Developer and, as
applicable to the parties comprising Developer, their personal representatives, trustees,
heirs, successors and assigns, except as may otherwise be specifically provided herein.
SECTION 15. Minor Non-Compliance. The Developer will not be deemed to
have failed to comply with the terms of this Agreement in the event such noncompliance,
in the judgment of the City Manager, reasonably exercised, is of a minor or
inconsequential nature.
SECTION 16. Covenant of Cooperation. The parties shall cooperate with and
deal with each other in good faith and assist each other in the performance of the
provisions of this Agreement and in achieving the completion of development of the
Property.
SECTION 17. Approvals. Whenever an approval or consent is required under or
contemplated by this Agreement such approval or consent shall not be unreasonably
withheld, delayed or conditioned. All such approvals and consents shall be requested and
granted in writing.
SECTION 18. Completion of Agreement. Upon the completion of performance
of this Agreement or its revocation or termination, a statement evidencing such
completion, revocation or termination shall be signed by the parties hereto and recorded in
the official records of the City.
SECTION 19. Entire Agreement. This Agreement (including any and all
Exhibits attached hereto all of which are a part of this Agreement to the same extent as if
such Exhibits were set forth in full in the body of this Agreement), constitutes the entire
agreement between the parties hereto pertaining to the subject matter hereof.
SECTION 20. Construction. The titles, captions and section numbers in this
Agreement are inserted for convenient reference only and do not define or limit the scope
Attachment number 1 \nPage 9 of 21
Item # 7
10
or intent and should not be used in the interpretation of any section, subsection or
provision of this Agreement. Whenever the context requires or permits, the singular shall
include the plural, and plural shall include the singular and any reference in this
Agreement to the Developer includes the Developer's successors or assigns. This
Agreement was the production of negotiations between representatives for the City and
the Developer and the language of the Agreement should be given its plain and ordinary
meaning and should not be strictly construed against any party hereto based upon
draftsmanship. If any term or provision of this Agreement is susceptible to more than one
interpretation, one or more of which render it valid and enforceable, and one or more of
which would render it invalid or unenforceable, such term or provision shall be construed
in a manner that would render it valid and enforceable.
SECTION 21. Partial Invalidity. If any term or provision of this Agreement or
the application thereof to any person or circumstance is declared invalid or unenforceable,
the remainder of this Agreement, including any valid portion of the invalid term or
provision and the application of such invalid term or provision to circumstances other than
those as to which it is held invalid or unenforceable, shall not be affected thereby and
shall with the remainder of this Agreement continue unmodified and in full force and
effect. Notwithstanding the foregoing, if such responsibilities of any party hereto, to the
extent that the purpose of this Agreement or the benefits sought to be received hereunder
are frustrated, such party shall have the right to terminate this Agreement upon fifteen
(15) days written notice to the other parties.
SECTION 22. Code Amendments. Subsequently adopted ordinances and codes
of the City which is of general application not governing the development of land shall be
applicable to the Property, and such modifications are specifically anticipated in this
Agreement.
SECTION 23. Governing Law. This Agreement shall be governed by, and
construed in accordance with the laws of the State of Florida without regard to the conflict
of laws principles of such state.
SECTION 24. Counterparts. This Agreement may be executed in counterparts,
all of which together shall continue one and the same instrument.
SECTION 25. Amendment. This Agreement may be amended by mutual
written consent of the City, the Developer, and the Association so long as the amendment
meets the requirements of the Act, applicable City ordinances, and Florida law.
[Signature Pages to Follow]
Attachment number 1 \nPage 10 of 21
Item # 7
11
[Signature Page for Hotel Density Reserve Development Agreement]
IN WITNESS WHEREOF, the parties have hereto executed this Agreement the
date and year first above written.
In the Presence of: Lenart Family Trust, u/t/d December 20,
1991
______________________________ __________________________________
Print Name_____________________ Maria Lenart, co-Trustee
______________________________
Print Name_____________________
______________________________ ______________________________________
Print Name_____________________ Maria Lenart, Successor Trustee to Ted
Lenart
______________________________
Print Name_____________________
As to “Developer”
CITY OF CLEARWATER, FLORIDA
By:
William B. Horne II,
City Manager
Attest:
__________________________________
Rosemarie Call, City Clerk
Countersigned:
__________________________________
George N. Cretekos, Mayor
Approved as to Form:
__________________________________
Leslie K. Dougall-Sides
Assistant City Attorney
Attachment number 1 \nPage 11 of 21
Item # 7
12
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing instrument was acknowledged before me this _____ day of
_______________, 2013, by GEORGE N. CRETEKOS, as Mayor of the City of
Clearwater, Florida, who is [ ] personally known to me or has [ ] produced
_________________________________ as identification.
__________________________________
Notary Public
Print Name:_________________________
My Commission Expires:
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing instrument was acknowledged before me this ______ day of
____________________, 2013, by WILLIAM B. HORNE, II, as City Manager of the
City of Clearwater, Florida, who is [ ] personally known to me or who has [ ]
produced _____________________________ as identification.
__________________________________
Notary Public
Print Name:_________________________
My Commission Expires:
Attachment number 1 \nPage 12 of 21
Item # 7
13
EXHIBIT “A”
Legal Description
Lots 6 and 7, Block C, BAYSIDE SUBDIVISION NO. 5, according to the plat thereof, as
recorded in Plat Book 38, Page 38, of the Public Records of Pinellas County, Florida.
Attachment number 1 \nPage 13 of 21
Item # 7
14
EXHIBIT “B”
Conceptual Site Plan
Attachment number 1 \nPage 14 of 21
Item # 7
15
EXHIBIT “C”
COVENANT REGARDING HURRICANE EVACUATION
And DEVELOPMENT, USE AND OPERATION
DECLARATION OF COVENANTS AND RESTRICTIONS
THIS DECLARATION OF COVENANTS AND RESTRICTIONS ("Declaration") is
made as of the _____ day of _________________, 2013, by Ted Lenart and Maria Lenart,
Trustees of the Lenart Family Trust utd December 20, 1991 ("Developer").
Developer is the owner of fee simple title to the real property described in Schedule 1
attached hereto and made a part hereof (hereinafter, the ("Real Property"). The City of
Clearwater, Florida (the "City"), has amended it's Comprehensive Plan to designate Clearwater
Beach as a Community Redevelopment District pursuant to the Pinellas County Planning
Council Rules in order to implement the provisions of Beach by Design, a plan for the
revitalization of Clearwater Beach.
The designation of Clearwater Beach as a Community Redevelopment District (the
"Designation") provides for the allocation of Hotel Density Reserve Units as an incentive for the
development of mid-size quality hotels. Pursuant to the Designation, the allocation of Hotel
Density Reserve Units is subject to compliance with a series of performance standards, including
a requirement that resorts containing a hotel developed with Hotel Density Reserve Units shall
be closed and all Guests evacuated from such resorts as soon as practicable after the National
Hurricane Center posts a hurricane watch that includes Clearwater Beach. The purpose of such
evacuation is to ensure that such a Resort Hotel is evacuated in advance of the period of time
when a hurricane evacuation would be expected in advance of the approach of hurricane force
winds.
The City has granted, by City Council Resolution __________, passed and approved on
____________, 2013, Developer's application for Hotel Density Reserve Units pursuant to the
Designation, subject to Developer's compliance with the requirements of the Designation.
Developer desires for itself, and its successors and assigns, as owner, to establish certain rights,
duties, obligations and responsibilities with respect to the use and operation of the Real Property
in accordance with the terms and conditions of the allocation of the Hotel Density Reserve Units
to the City and the Designation, which rights, duties, obligations and responsibilities shall be
binding on any and all successors and assigns and will run with the title to the Real Property.
THEREFORE, in consideration of the covenants and restrictions herein set forth and to
be observed and performed, and in further consideration of the allocation of Hotel Density
Reserve Units to Developer, and other good and valuable consideration, the sufficiency of which
is hereby acknowledged, Developer hereby declares, covenants and agrees as follows:
1. Benefit and Enforcement. These covenants and restrictions are made for the
benefit of Developer and its successors and assigns and shall be enforceable by them and also for
Attachment number 1 \nPage 15 of 21
Item # 7
16
the benefit of the residents of the City and shall be enforceable on behalf of said residents by the
City Council of the City.
2. Covenant of Development, Use and Operation. Developer hereby covenants and
agrees to the development, use and operation of the Real Property in accordance with the
provisions of this Declaration.
2.1 Use. The use of the resort on the Real Property is restricted as follows:
2.1.1 A minimum of sixty-nine units, which is the number of hotel units allocated
to Developer, shall be used solely for transient occupancy of one month or thirty
(30) consecutive days or less, must be licensed as a public lodging establishment
and classified as a hotel, and must be operated by a single licensed operator of the
hotel. No such hotel unit shall be used as a primary or permanent residence.
2.1.2 All other units shall be licensed as a public lodging establishment. No unit
shall be used as a primary or permanent residence.
2.1.3 As used herein, the terms "transient occupancy," "public lodging
establishment," "hotel," "time share," and "operator" shall have the meaning given
to such terms in Chapter 509, Part I, Florida Statutes (2012).
2.2 Closure of Improvements and Evacuation. The Hotel developed on the Real
Property shall be closed as soon as practicable upon the issuance of a hurricane watch by the
National Hurricane Center, which hurricane watch includes Clearwater Beach, and all Hotel
guests, visitors and employees other than emergency and security personnel required to protect
the resort, shall be evacuated from the Hotel as soon as practicable following the issuance of said
hurricane watch. In the event that the National Hurricane Center shall modify the, terminology
employed to warn of the approach of hurricane force winds, the closure and evacuation
provisions of this Declaration shall be governed by the level of warning employed by the
National Hurricane Center which precedes the issuance of a forecast of probable landfall in order
to ensure that the guests, visitors and employees will be evacuated in advance of the issuance of
a forecast of probable landfall.
3 Effective Date. This Declaration shall become effective upon issuance of all
building permits required to build the project ("Project") and Developer's commencement of
construction of the Project, as evidence by a Notice of Commencement for the Project. This
Declaration shall expire and terminate automatically if and when the allocation of Reserve Units
to the Developer expires or is terminated.
4 Governing Law. This Declaration shall be construed in accordance with and
governed by the laws of the State of Florida.
5 Recording. This Declaration shall be recorded in the chain of title of the Real
Property with the Clerk of the Courts of Pinellas County, Florida.
Attachment number 1 \nPage 16 of 21
Item # 7
17
6 Attorneys' Fees. Developer shall reimburse the City for any expenses, including
reasonable attorneys' fees, which are incurred by the City in the event that the City determines
that it is necessary and appropriate to seek judicial enforcement of this Declaration and the City
obtains relief, whether by agreement of the parties or through order of a court of competent
jurisdiction.
7 Severability. If any provision, or part thereof, of this Declaration or the
application of this Declaration to any person or circumstance will be or is declared to any extent
to e invalid or unenforceable, the remainder of this Declaration, or the application of such
provision or portion thereof to any person or circumstance, shall not be affected thereby, and
each and every other provision of this Declaration shall be valid and enforceable to the fullest
extent permitted by law.
In the Presence of: Lenart Family Trust, u/t/d December 20, 1991
______________________________ __________________________________
Print Name_____________________ Maria Lenart, co-Trustee
______________________________
Print Name_____________________
______________________________ ______________________________________
Print Name_____________________ Maria Lenart, Successor Trustee to Ted Lenart
______________________________
Print Name_____________________
As to “Developer”
CITY OF CLEARWATER, FLORIDA
By:
William B. Horne II,
City Manager
Attest:
__________________________________
Rosemarie Call, City Clerk
Countersigned:
__________________________________
George N. Cretekos, Mayor
Attachment number 1 \nPage 17 of 21
Item # 7
18
Approved as to Form:
__________________________________
Leslie K. Dougall-Sides
Assistant City Attorney
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing instrument was acknowledged before me this _____ day of
_______________, 2013, by GEORGE N. CRETEKOS, as Mayor of the City of Clearwater,
Florida, who is [ ] personally known to me or has [ ] produced
_________________________________ as identification.
__________________________________
Notary Public
Print Name:_________________________
My Commission Expires:
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing instrument was acknowledged before me this ______ day of
____________________, 2013, by WILLIAM B. HORNE, II, as City Manager of the City of
Clearwater, Florida, who is [ ] personally known to me or who has [ ] produced
_____________________________ as identification.
__________________________________
Notary Public
Print Name:_________________________
My Commission Expires:
Attachment number 1 \nPage 18 of 21
Item # 7
19
EXHIBIT “D”
COVENANT OF UNIFIED USE
PLEASE RETURN RECORDED DOCUMENT TO:
__________________________________________
__________________________________________
_________________________________________
COVENANT OF UNIFIED USE
THIS COVENANT OF UNIFIED USE (the "Agreement") is executed this _____ day of
_____________, 2013, by Ted Lenart and Maria Lenart, Trustees of the Lenart Family
Trust, utd December 20, 1991 (“Developer").
WITNESSETH:
WHEREAS, Developer is the owner of the real property legally described on Schedule
"A" attached hereto and incorporated herein by reference (the "Real Property"); and
WHEREAS, Developer and the City of Clearwater, Florida (the "City") are parties to that
certain Development Agreement dated ___________, 2013 (the "Development Agreement"),
pursuant to which the City has agreed that Developer may develop and construct upon the Real
Property a hotel project as described in the Development Agreement (the "Project"); and
WHEREAS, Developer intends to develop and operate the Real Property for a unified
use, as more particularly described in this Agreement.
NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10.00) and other
good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
Developer does hereby agree that, effective as of the date on which Developer receives all
permits required to construct the Project and Developer commences construction thereof, as
evidenced by a Notice of Commencement for the Project, the Real Property shall be developed
and operated as a hotel interval ownership project, as described in the Development Agreement.
The restrictions set forth in the preceding sentence shall expire automatically when and if
Developer's allocation of additional hotel units (as defined in the Development Agreement)
expires or is terminated. Nothing in this Agreement shall require Developer to develop the
Project or restrict Developer's ability to sell, assign, transfer or otherwise convey its right in and
to the Real Property or any portion or portions thereof to unrelated third-parties. Developer
agrees that the City shall have the right to enforce the terms and conditions of this Agreement.
Notwithstanding the foregoing, all Hotel Units may be operated by a single hotel
operator.
Attachment number 1 \nPage 19 of 21
Item # 7
20
In the Presence of: Lenart Family Trust, u/t/d December 20, 1991
______________________________ __________________________________
Print Name_____________________ Maria Lenart, co-Trustee
______________________________
Print Name_____________________
______________________________ ______________________________________
Print Name_____________________ Maria Lenart, Successor Trustee to Ted Lenart
______________________________
Print Name_____________________
As to “Developer”
CITY OF CLEARWATER, FLORIDA
By:
William B. Horne II,
City Manager
Attest:
__________________________________
Rosemarie Call, City Clerk
Countersigned:
__________________________________
George N. Cretekos, Mayor
Approved as to Form:
__________________________________
Leslie K. Dougall-Sides
Assistant City Attorney
Attachment number 1 \nPage 20 of 21
Item # 7
21
4660336v3
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing instrument was acknowledged before me this _____ day of
______________, 2013, by GEORGE N. CRETEKOS, as Mayor of the City of Clearwater,
Florida, who is [ ] personally known to me or has [ ] produced
_________________________________ as identification.
__________________________________
Notary Public
Print Name:_________________________
My Commission Expires:
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing instrument was acknowledged before me this ______ day of
____________________, 2013, by WILLIAM B. HORNE, II, as City Manager of the City of
Clearwater, Florida, who is [ ] personally known to me or who has [ ] produced
_____________________________ as identification.
__________________________________
Notary Public
Print Name:_________________________
My Commission Expires:
Attachment number 1 \nPage 21 of 21
Item # 7
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Attachment number 2 \nPage 2 of 6
Item # 7
Attachment number 2 \nPage 3 of 6
Item # 7
Attachment number 2 \nPage 4 of 6
Item # 7
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City Council Agenda
Council Chambers - City Hall
Meeting Date:11/7/2013
SUBJECT / RECOMMENDATION:
Adopt Ordinance 8481-13 on second reading, amending the Community Development Code Division 24, Public Art and Design
Program, providing that private development projects are encouraged to incorporate public art into each new development or
renovation project, or in lieu thereof, donate money into the City’s public art fund.
SUMMARY:
Review Approval:
Cover Memo
Item # 8
Ordinance No. 8481-13 1
ORDINANCE NO. 8481-13
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE COMMUNITY DEVELOPMENT CODE,
DIVISION 24, PUBLIC ART AND DESIGN PROGRAM, SECTION
3-2401, PUBLIC ART AND DESIGN PROGRAM, AND SECTION
3-2405, PUBLIC ART AND DESIGN ALLOCATIONS FOR
PRIVATE CONSTRUCTION PROJECTS AND DEVELOPMENTS;
PROVIDING THAT PRIVATE DEVELOPMENT PROJECTS ARE
ENCOURAGED TO INCORPORATE PUBLIC ART INTO EACH
NEW DEVELOPMENT OR RENOVATION PROJECT FOR
WHICH A BUILDING PERMIT IS ACQUIRED, OR IN LIEU
THEREOF, DONATE MONIES INTO THE CITY’S PUBLIC ART
FUND ON EQUAL FOOTING WITH THE CITY’S
CONTRIBUTIONS AS PROVIDED FOR IN SECTION 3-2404;
AMENDING SECTION 3-2406, OWNERSHIP AND
MAINTENANCE, DELETING CERTAIN REQUIREMENTS FOR
OWNERSHIP AND MAINTENANCE OF WORKS OF ART
INCORPORATED INTO PRIVATE CONSTRUCTION
PROJECTS; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City recognizes that a superior and diverse aesthetic character of
the City’s built environment is vital to the quality of the life of its citizens, the economic
success of its businesses, an attraction for visitors and a benefit to tourism; and that a
public art and design program contributes to the aesthetic enhancement of the
community; and
WHEREAS, to that end, City of Clearwater Ordinance No. 7489-05, adopted
October 6, 2005, established a Public Art and Design program and authorized the
allocation of certain funds in the construction and renovation of eligible City building
projects; and
WHEREAS, in the spirit of promoting public art in addition to the City’s
contributions, the City encourages private developers/owners of properties within the
City to invest time, effort and money into incorporating works of art into the development
of their sites, recognizing that the art will not only become an integral, lasting component
of the cityscape, but will be of intrinsic value to their developments; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF CLEARWATER, FLORIDA:
Section 1. Division 24, Community Development Code, Section 3-2401 is hereby
amended to read as follows:
Section 3-2401. Public Art and Design Program.
The City of Clearwater recognizes that providing for public art and enhancing the
appearance of buildings and spaces provides benefits to the community by expanding
the historical, cultural, and creative knowledge of citizens. In keeping with its concern for
the arts and quality of its environment, not less than of one percent of the total
construction budget of each eligible city capital project shall be allocated as the city
public art contribution for the incorporation of public works of art. Further, eligible private
Attachment number 1 \nPage 1 of 3
Item # 8
Ordinance No. 8481-13 2
development projects shall also are encouraged to allocate not less than one percent of
the aggregate job value for on-site public art to enhance the visual appeal of the project
and city. An in-lieu-of contribution to the city’s public art and design program, as
provided for herein, will also satisfy this requirementis encouraged as an alternative to
the incorporation of art.
* * *
Section 3-2405. Public art and design allocations for private construction projects and
developments.
1. All projects and developments, as listed below, which are submitted for building
permits are encouraged to must allocate not less than one percent of the aggregate job
value up to the sum of $200,000.00 per project for the provision of public art.
a. New construction of, or renovation projects related to commercial, industrial, mixed-
use projects and developments, and residential projects and developments, any of which
equal or exceed an Aggregate Job Value of $5 million dollars ($5,000,000). If
renovations affect multiple structures on a project site, which may be permitted
separately, the Aggregate Job Value is based on the construction valuation of all permits
for the site.
2. When a project is subject to the requirement of choosing to incorporate works
of public art or provide for a public art allocation, the developer shall have has two
options:
a. The developer may contract with a professional artist to create a permanent
public artwork as part of the development project. It is encouraged that Artworks
must be located in publicly accessible locations. If desired, support will be
available from both city staff and the public art and design board to assist in the
selection of an artist. Before contracting with the artist, the property owner will
submit for approval by the public art and design board the artist qualifications, the
artist’s proposal, a statement of how the project satisfies the parameters of the
public art and design program, and a budget reflecting that the allocation of funds
required by the program has been met. Such Some options for the artwork may
include amenities such as streetscapes, paving treatments, architecturally
integrated water features as well as mosaics, murals, or sculpture, etc. The
artwork must be completed or commissioned before a certificate of occupancy
will be issued.
b. In lieu of an on-site project, a developer may contribute .75 percent of the
aggregate job value to the city’s public art and design program. This in lieu fee
must be paid prior to the issuance of building permit.
3. Excluded from this requirement shall be:
a. Projects with an aggregate job value under $5,000,000.00.
b. Residential developments of new construction for affordable housing.
c. Eligible projects pending approval for a building permit that have submitted a
complete application prior to October 1, 2006 provided that:
1. The application is approved within six months of the date of
application.
2. Construction begins within six months of the issuance of such
approval and is diligently pursued to completion.
Attachment number 1 \nPage 2 of 3
Item # 8
Ordinance No. 8481-13 3
Section 3-2406. Ownership and Maintenance.
1. Ownership of all works of art acquired on behalf of the city shall be vested in the
city, which shall retain title to each work of art.
2. All contracts for artwork that will be acquired or accepted for ownership by the
city must be reviewed and approved by the city’s legal department.
3. Ownership of all works of art incorporated into private construction projects shall
be vested in the property owner who shall retain title to each work of art. If the
property is sold, the seller may either include restrictions in the deed that require
maintenance of the artwork and prevent its removal from the property, transfer
ownership of the artwork to the City of Clearwater to be maintained as a public
artwork, or remove the artwork and make a contribution to the public art and
design fund in an amount equal to .7 percent of the initial Aggregate Job Value. If
the title is passed to a subsequent owner and, as a result, a deed restriction
exists as to the artwork, the subsequent owner shall maintain the artwork in
accordance with applicable law or other established guidelines. The artwork
cannot be altered, modified, relocated or removed other than as provided herein
without the prior approval of the public art and design board.
4. Property owners will be required to maintain the work of art in good condition in
the approved location, as required by law or other applicable guidelines including
but not limited to normal code enforcement rules, to ensure that proper
maintenance is provided.
5. The owner may request that the artwork be removed from the site due to
hardship with the approval of the public art and design board. In addition, in the
event there is a condition that occurs outside the reasonable control of the owner
such as an Act of God, then this provision may be implemented with the approval
of the board.
Section 2. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING _________________________
PASSED ON SECOND AND FINAL
READING AND ADOPTED
AS AMENDED _________________________
___________________________
George N. Cretekos
Mayor
Approved as to form: Attest:
_________________________ __________________________
Laura Lipowski Mahony Rosemarie Call
Assistant City Attorney City Clerk
Attachment number 1 \nPage 3 of 3
Item # 8
City Council Agenda
Council Chambers - City Hall
Meeting Date:11/7/2013
SUBJECT / RECOMMENDATION:
Adopt Ordinance 8410-13 on third reading, amending the future land use plan element of the Comprehensive Plan to designate the
land use for certain real property whose post office address is 2200 and 2251 Montclair Road, together with all of the right of way
of Montclair Road, CR 584, lying in the East ½ of the NE ¼ of Section 01, Township 29 South, Range 15 East, together with all of
the right of way of Montclair Road, CR 584, and Sunset Point Road, CR 576, lying in the NW ¼ of Section 06, Township 29
South, Range 16 East, upon annexation into the City of Clearwater, as Residential Medium (RM), Preservation (P), and
Water/Drainage Feature, (Water).
SUMMARY:
Review Approval:
Cover Memo
Item # 9
Ordinance No. 8410-13
ORDINANCE NO. 8410-13
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
SOUTHWEST CORNER OF MONTCLAIR ROAD AND NORTH
BELCHER ROAD, CONSISTING OF A PORTION OF THE SOUTHW EST
¼ OF THE NORTHWEST ¼ OF SECTION 6, TOWNSHIP 29 SOUTH,
RANGE 16 EAST, WHOSE POST OFFICE ADDRESS IS 2200 & 2251
MONTCLAIR ROAD, TOGETHER WITH ALL OF THE RIGHT OF WAY
OF MONTCLAIR ROAD, C.R. 584, LYING IN THE EAST ½ OF THE NE
¼ OF SECTION 01, TOWNSHIP 29 SOUTH, RANGE 15 EAST,
TOGETHER WITH ALL OF THE RIGHT OF WAY OF MONTCLAIR
ROAD, C.R. 584, AND SUNSET POINT ROAD, C.R. 576, LYING IN THE
NW ¼ OF SECTION 06, TOWNSHIP 29 SOUTH, RANGE 16 EAST,
UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS
RESIDENTIAL MEDIUM (RM), PRESERVATION (P), AND
WATER/DRAINAGE FEATURE (WATER); PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the amendment to the future land use plan element of the comprehensive
plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate,
and is consistent with the City’s comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The future land use plan element of the comprehensive plan of the City of
Clearwater is amended by designating the land use category for the hereinafter described
property as follows:
Property Land Use Category
See Exhibit A for legal description Residential Medium (RM)
Preservation (P) and
Water/Drainage
Feature (Water)
(LUP2013-04002)
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, subject to the
approval of the land use designation by the Pinellas County Board of County Commissioners,
and subject to a determination by the State of Florida, as appropriate, of compliance with the
applicable requirements of the Local Government Comprehensive Planning and Land
Development Regulation Act, pursuant to § 163.3189, Florida Statutes. The Community
Development Coordinator is authorized to transmit to the Pinellas County Planning Council an
application to amend the Countywide Plan in order to achieve consistency with the Future Land
Use Plan Element of the City’s Comprehensive Plan as amended by this ordinance.
Attachment number 1 \nPage 1 of 2
Item # 9
Ordinance No. 8410-13
PASSED ON FIRST READING _____________________
AS AMENDED
PASSED ON SECOND READING _____________________
AS AMENDED
PASSED ON THIRD 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 # 9
Attachment number 2 \nPage 1 of 4
Item # 9
Attachment number 2 \nPage 2 of 4
Item # 9
Attachment number 2 \nPage 3 of 4
Item # 9
All of the right-of-way of Montclair Rd., C.R. 584, lying in the East ½ of NE ¼ of
Section 01, Township 29 South, Range 15 East, together with all of the right-of-way
of Montclair Rd., C.R. 584, and Sunset Point Rd., C.R. 576, lying in the NW ¼ of
Section 06, Township 29 South, Range 16 East.
Attachment number 2 \nPage 4 of 4
Item # 9
Exhibit B
RM
WATER
P
RM
P
P
RM20
5
0
1950
1962
1930
1940
1910
19201923
1911
1931
19392076
2072
1 9 8 3
1977
1971
1965
2085
2091
21882194
2193
2175
2187
2181
2165
2141
1924
1906
1936
2125
2113
2101
1978
1984
1966
1968
2111
2123
2117
1816
1822
1840
1834
1828
1846
1852
1858
1864
1870
1876
1852
1816
1828
1834
1840
1822
1864
1870
1876
1858
1851
1840
1815
1821
1827
1839
1833
1816
1822
1828
1834
1858
1864
1870
1876
2254
2230
2224
2242
2248
2236
1845
1851
1863
1869
1875
1 8 8 1
1887
1899
1893
2101
1831
2101
2170
1822
1834
2095
2086
2082
2081
2087
20202019 20222021
2209
1851
1831 1831
2146
1831
2140
1961
2277
188
0
1831
1907
1844
1831
18312146
2279
1925
2124
2124
1967
2140
1901
1955
2182
2089
1969
2120
1979
1951
1831
1844
2090
2102
2134
2074
1919
2185
1943
2160
1875
1831
2116
1913
1963
1831
1831
2130
2267
1949
2134
2052
1 9 8 5
2300
IL
RM
RU
RU
RM
CG
P
R/O/R
RLM
R/OG
P
RM
BELC H E R R D
SUNSET POINT RD
U T O P I A N D R
OL
D
C
O
A
C
H
M
A
N
R
D
ALBRIGHT DR
ST
ET
SO
N DR
SUNNYDALE BLVD
ELMHURST DR
GLENVILLE DR
BE
CK
E
TT
LAKE
DR
SUN TREE DR
LA
N
S
I
N
G
D
R
PEPPERMILL DR
PERTH ST
2086
2 1 5 2
1912
1918
1900
19301932
2131
2107
2119
1960
1972
1990
2122
211
6
2104
211
0
2128
2251
2251
2155
2200
1846 1846
1852
1857
200
18311831
192
191
191
192
195
193
194
20952095
2080
2084
2088
2079
2083
2085
2231
1821
1827
1839
1815
1833
1845
1857
1815
1827
1821
1863
1857
1851
1869
1863
1857
1869
1845
1839
1827
1815
1821
2 1 6 4
19
1839
1831
19
2 1 5 8
19
19
19
1931
1833
1831
1845
2 1 7 0
1831
2285
1833
1831
2 1 7 6
2265
1831
1975
186
1831
2275
19
1831
1875
2118
19
2 147
2273
1869
1875
1863
1981
19
2263
19
1831
1831
1831
1831
2144
2112
1875
1831
2271
2142
1973
MONTCLAIR RD
N
A
S
H
D
R
CITRUS CT
H
A
R
T
F
O
R
D
W
A
Y
SHANGRILA DR
EAST CT
SUN TREE CIR
CAMELOT DR ARBOR
ET GROVE LN
L A K E V I E W D R
AM E R I C U
-N
o
t
t
o
S
c
a
l
e
-
-N
o
t
a
S
u
r
v
e
y
-
FUTURE LAND USE MAP
Owners: David B. and Sharon Webb
Webb’s Nursery, Inc. Case: LUP2013-04002
REZ2013-04002
Site: 2200 Montclair Road
2251 Montclair Road
Property Size:
R.O.W. :
23.75 (Acres)
3.09 (Acres)
Land Use Zoning
PIN: 06-29-16-00000-230-0100
06-29-16-00000-230-0200 From :
To:
RU, P, Water RPD-7.5
RM, P, Water MHDR, P Atlas Page: 254A
Attachment number 3 \nPage 1 of 1
Item # 9
City Council Agenda
Council Chambers - City Hall
Meeting Date:11/7/2013
SUBJECT / RECOMMENDATION:
Adopt Ordinance 8411-13 on third reading, amending the Zoning Atlas of the city by zoning certain real property whose post
office address is 2200 and 2251 Montclair Road, together with all of the right of way of Montclair Road, CR 584, lying in the East
½ of the NE ¼ of Section 01, Township 29 South, Range 15 East, together with all of the right of way of Montclair Road, CR 584,
and Sunset Point Road, CR 576, lying in the NW ¼ of Section 06, Township 29 South, Range 16 East, upon annexation into the
City of Clearwater, as Medium High Density Residential (MHDR) and Preservation (P).
SUMMARY:
Review Approval:
Cover Memo
Item # 10
Ordinance No. 8411-13
ORDINANCE NO. 8411-13
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN
REAL PROPERTY LOCATED ON THE SOUTHWEST CORNER OF
MONTCLAIR ROAD AND NORTH BELCHER ROAD, CONSISTING OF A
PORTION OF THE SOUTHWEST ¼ OF THE NORTHWEST ¼ OF
SECTION 6, TOWNSHIP 29 SOUTH, RANGE 16 EAST, WHOSE POST
OFFICE ADDRESS IS 2200 & 2251 MONTCLAIR ROAD, TOGETHER
WITH ALL OF THE RIGHT OF WAY OF MONTCLAIR ROAD, C.R. 584,
LYING IN THE EAST ½ OF THE NE ¼ OF SECTION 01, TOWNSHIP 29
SOUTH, RANGE 15 EAST, TOGETHER WITH ALL OF THE RIGHT OF
WAY OF MONTCLAIR ROAD, C.R. 584, AND SUNSET POINT ROAD,
C.R. 576, LYING IN THE NW ¼ OF SECTION 06, TOWNSHIP 29
SOUTH, RANGE 16 EAST, UPON ANNEXATION INTO THE CITY OF
CLEARWATER, AS MEDIUM HIGH DENSITY RESIDENTIAL (MHDR)
AND PRESERVATION (P); 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 for legal description Medium High Density
Residential (MHDR) and
Preservation (P)
(REZ2013-04002)
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
the approval of the land use designation set forth in Ordinance 8410-13 by the Pinellas
County Board of County Commissioners, and subject to a determination by the State of
Florida, as appropriate, of compliance with the applicable requirements of the Local
Government Comprehensive Planning and Land Development Regulation Act, pursuant
to §163.3189, Florida Statutes.
PASSED ON FIRST READING _____________________________
AS AMENDED
Attachment number 1 \nPage 1 of 2
Item # 10
Ordinance No. 8411-13
PASSED ON SECOND READING _____________________________
AS AMENDED
PASSED ON THIRD 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 # 10
Attachment number 2 \nPage 1 of 4
Item # 10
Attachment number 2 \nPage 2 of 4
Item # 10
Attachment number 2 \nPage 3 of 4
Item # 10
All of the right-of-way of Montclair Rd., C.R. 584, lying in the East ½ of NE ¼ of
Section 01, Township 29 South, Range 15 East, together with all of the right-of-way
of Montclair Rd., C.R. 584, and Sunset Point Rd., C.R. 576, lying in the NW ¼ of
Section 06, Township 29 South, Range 16 East.
Attachment number 2 \nPage 4 of 4
Item # 10
Exhibit B
MHDR
P
MHDR
MHDR
20
5
0
1950
1962
1930
1940
1910
19201923
1911
1931
19392076
2072
1 9 8 3
1977
1971
1965
2086 2091
21882194
2193
2175
2187
2181
2165
2141
1924
1906
1936
2125
211
3
2101
1978
1984
1966
1968
2111
2123
2117
1816
1822
1840
1834
1828
1846
1852
1858
1864
1870
1876
1852
1816
1828
1834
1840
1822
1864
1870
1876
1858
1851
1840
1815
1821
1827
1839
1833
1816
1822
1828
1834
1858
1864
1870
1876
2254
2230
2224
2242
2248
2236
1845
1851
1863
1869
1875
1 8 8 1
1887
1899
1893
2101
1831
2101
2170 1822
1834
2095
2080
2086
2081
2087
20202019 20222021
2209
1851
1831 1831
2146
1831
2140
1961
2277
18
80
1831
1907
1844
1831
18312146
2279
1925
2124
2124
1967
2140
1901
1955
2182
2089
1969
2120
1979
1951
1831
1844
2090
2102
2134
2074
1919
2185
1943
2160
18
75
1831
2116
1913
1963
1831
1831
2130
2267
1949
2134
2052
1 9 8 5
2300
BELC H ER R D
SUNSET POINT RD
UT O P I A N D R
OL
D
C
O
A
C
H
M
A
N
R
D
ALBRIGHT DR
SUNNYDALE BLVD
ST
ET
SO
N DR
ELMHURST DR
GLENVILLE DR
BE
CKE
TT
LAK
E DR
SUN TREE DR
LA
N
S
I
N
G
D
R
PEPPERMILL DR
PERTH ST
C
P
O
MDR
IRT
C
C
MDR
I
O
LMDR
LMDR
LMDR
2085
2 1 5 2
1912
1918
1900
19301932
2131
2107
211
9
1960
1972
1990
2122
2116
2104
2110
2128
2251
2251
2155
2200
1846 1846
1852
1857
20
18311831
19
19
19
19
19
19
19
20952095
2078
2084
2088
2082
2079
2077
2083
2085
2231
1821
1827
1839
1815
1833
1845
1857
1815
1827
1821
1863
1857
1851
1869
1863
1857
1869
1845
1839
1827
1815
1821
2 1 6 4
19
1839
1831
1
2 1 5 8
19
1
1
1931
1833
1831
1845
2 1 7 0
1831
2285
1833
1831
2 1 7 6
2265
1831
1975
18
1831
2275
1
1831
1875
211
8
1
2147
2273
1869
1875
1863
1981
1
2263
19
1831
1831
1831
1831
2144
2112
1875
1831
2271
2142
1973
MONTCLAIR RD
NA
S
H
D
R
CITRUS CT
H
A
R
T
F
O
R
D
W
A
Y
EAST CT
SHANG
RILA DR
SUN TREE CIR
CAMELOT DR A R B O R
ET GROVE LN
L A K E V I E W D
AM E R I C U
OS/R
LMD
LMD
LMD
LMD
-N
o
t
t
o
S
c
a
l
e
-
-N
o
t
a
S
u
r
v
e
y
-
ZONING MAP
Owners: David B. and Sharon Webb
Webb’s Nursery, Inc. Case: LUP2013-04002
REZ2013-04002
Site: 2200 Montclair Road
2251 Montclair Road
Property Size:
R.O.W. :
23.75 (Acres)
3.09 (Acres)
Land Use Zoning
PIN: 06-29-16-00000-230-0100
06-29-16-00000-230-0200 From :
To:
RU, P, Water RPD-7.5
RM, P, Water MHDR, P Atlas Page: 254A
Attachment number 3 \nPage 1 of 1
Item # 10
City Council Agenda
Council Chambers - City Hall
Meeting Date:11/7/2013
SUBJECT / RECOMMENDATION:
Approve an increase to Purchase Order 508627 with Florida Gas Contractors, Inc, in the amount of $550,000, for the installation of
natural gas mains and service lines, and authorize the appropriate officials to execute same. (consent)
SUMMARY:
Florida Gas Contractors, Inc. (FGC) located in Dade City, FL is Clearwater Gas System’s (CGS) primary contractor for the
installation of Gas Mains and Service Lines to meet residential, commercial and industrial customer requirements in support of gas
sales and operations. FGC has performed satisfactory work since the purchase order was renewed on February 1, 2013 and is
scheduled to expire on January 31, 2014. The purpose for the increase is due to a large increase in gas main/service line extensions to
serve new residential and commercial customers. The original purchase order (PO) amount was for $939,050. A 10% increase to the
PO, in the amount of $93,905, was approved by the City Manger in October; therefore, both increases will amend the PO total to
$1,582,955.
Funds are available in Code 315-96378 Pasco New Mains and Service Lines and Code 315-96377 Pinellas New Mains and Service
Lines, in the Clearwater Gas System budget to support these requirements.
Type:Capital expenditure
Current Year Budget?:Yes Budget Adjustment:None
Budget Adjustment Comments:
Current Year Cost:550,000 Annual Operating Cost:1,582,955
Not to Exceed:Total Cost:1,582,955
For Fiscal Year:10/1/2013 to 9/30/2014
Appropriation Code Amount Appropriation Comment
315-96377 450,000 Pinellas County New Mains & Service Lines
315-96378 100,000 Pasco County New Mains & Service Lines
Review Approval:
Cover Memo
Item # 11
City Council Agenda
Council Chambers - City Hall
Meeting Date:11/7/2013
SUBJECT / RECOMMENDATION:
Authorize the renewal of contracts with Assurant and Humana for voluntary employee and retiree dental insurance, from January
1, 2014 through December 31, 2014, and authorize the appropriate officials to execute same. (consent)
SUMMARY:
The contracts with each of the City’s two current dental insurance providers, Assurant and Humana, expire on December 31,
2013. Both Assurant and Humana have presented renewal offers for a one year contract with no changes to the schedule of benefits
and no increase in premiums for any of the four dental plan options currently in effect. The City’s Benefits Committee has
recommended retaining Assurant and Humana as the City’s dental providers under the proposed one-year arrangement, and City
staff concurs with the recommendation. There is no cost to the City associated with this request as the premiums are paid entirely
by enrolled employees and retirees through payroll deduction for this voluntary benefit.
Review Approval:
Cover Memo
Item # 12
CITY OF CLEARWATER
ATTN: ALLEN DEL PRETE
CITY OF CLEARWATER HR DEPT
100 SOUTH MYRTLE AVENUE
CLEARWATER, FL 33756
Thursday, October 17, 2013
RE: Policy #0000D071
Dear Benefits Administrator:
Thank you for making Assurant Employee Benefits an integral part of your overall benefits program.
We hope that you have been pleased with your dental benefit plan. 1/1/2014 is the renewal date for
your dental benefits with Assurant Employee Benefits.
As you may be aware, inflation experienced in the dental industry and other factors necessitate
periodic reviews of rates. Our goal at Assurant Employee Benefits is to hold these rates at levels that
are reasonable and adequate to fund your level of benefits while providing the best possible service.
The renewal rating for your group has been completed and your new rates effective 1/1/2014 are:
Current Plan: Secure FL Renewal Plan: Secure FL
Employee $8.49 Employee $8.49
Employee + One $14.37 Employee + One $14.37
Employee + Family $22.66 Employee + Family $22.66
Assurant Employee Benefits appreciates your business and is committed to providing you with quality
and affordable dental coverage. Please contact us if you need to request enrollment materials or for
questions regarding the renewal process at (800) 654.7808.
Sincerely,
Assurant Employee Benefits
Tampa Sales Office
tampa.team@assurant.com
P: (800) 654.7808
F: (813) 289.8315
Products marketed by Assurant Employee Benefits are administered by Union Security Insurance Company and underwritten or provided by
one or more of the following: Union Security Insurance Company, DentiCare of Alabama, Inc., UDC Dental California, Inc., UDC Ohio, Inc.,
Union Security DentalCare of Georgia, Inc., Union Security DentalCare of New Jersey, Inc., United Dental Care of Arizona, Inc., United
Dental Care of Colorado, Inc., United Dental Care of Michigan, Inc., United Dental Care of Missouri, Inc., United Dental Care of New
Mexico, Inc., United Dental Care of Texas, Inc., United Dental Care of Utah, Inc. In New York, insurance products are underwritten by Union
Security Life Insurance Company of New York, which is licensed in New York and has its principal place of business in Syracuse, New
York.
Attachment number 1 \nPage 1 of 1
Item # 12
Public, Hospital and Labor Union Sectors
Karole Mingarelli, Account Executive-Public Sector
4030 W. Boy Scout Blvd, Ste. 1000 | Tampa, FL 33607 | 813.287.6136 |fax 813.465.7526
October 22, 2013
City of Clearwater
Human Resources
Mr. Allen DelPrete, Manager
100 South Myrtle Ave; First Floor
Clearwater, Florida 33756
Dear Mr. DelPrete:
As a valued client of Humana Specialty Benefits, we would like to thank you for allowing Humana the opportunity
to provide the dental and vision benefits portion of the benefits package for City of Clearwater. Our goal is to
ensure that your employees and team members experience the highest quality service and benefits.
Humana is pleased to provide City of Clearwater with a 1 (one) year rate pass for your dental renewal; effective
1/01/2014. This renewal includes continuation of the dental current benefits. Confirmation of the dental renewal
rates and rate guarantees are as follows:
Dental Benefit Period: 1/01/2014, Rates Guaranteed through 12/31/2014
Dental Plan-CS-150 Current Monthly Premiums Dental Plan–PPO Current Monthly Premiums
Employee $17.52 Employee $39.30
Employee + One $32.62 Employee + One $79.66
Employee + Family $42.46 Employee + Family $117.44
Dental Plan-Advantage-AVF1 Current Monthly Premiums
Employee $26.40
Employee + One $49.18
Employee + Family $64.02
Lastly, as part of our renewal process, please complete the acknowledgement below and return/fax a copy to me as
soon as possible. This will complete our documentation of the renewal process. Should you have any questions
regarding the renewal rates or benefits, please feel free to contact me at 813-287-6136 or 813-503-3963.
Sincerely,
Karole Mingarelli
Account Executive
Renewal Acknowledgement: We hereby acknowledge that we have received and reviewed the renewal listed
within this notification and agree with the terms of the renewal.
_________________________________________ _________________
Signed Dated
Print Name___________________________________________
Attachment number 2 \nPage 1 of 1
Item # 12
City Council Agenda
Council Chambers - City Hall
Meeting Date:11/7/2013
SUBJECT / RECOMMENDATION:
Approve a proposal by Construction Manager at Risk, Keystone Excavators, Inc., of Oldsmar, Florida in the amount of $250,000 for
the construction of an 8-foot wide crushed shell trail and parking facilities at Lake Chautauqua Equestrian and Nature Preserve and
authorize the appropriate officials to execute same. (consent)
SUMMARY:
On February 17, 2011, 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 Chautauqua Equestrian and Nature Preserve Trail.
This contract will provide for the construction of an 8-foot wide crushed shell trail for a length of approximately 7,760 linear feet
winding through a portion of the 60 plus acre-park known as Lake Chautauqua Park as well as a necessary parking facility for
vehicles with horse trailers. Other site work including stormwater improvements and installation of water to the site will be handled
under this contract as well.
The trail will be constructed in a manner to accommodate riders on horses as well as pedestrians wanting to take a nature walk in the
park; unlighted and open from sunrise to sunset.
The construction duration for the project is 90 days, commencing in November 2013.
The City will provide the shell as well as providing other park amenities i.e. water fountain, water troughs, shade shelter, picnic
tables, park benches, signage, etc.
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 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:$250,000 Annual Operating Cost:-0-
Not to Exceed:$250,000 Total Cost:$250,000
For Fiscal Year:2013 to 2014
Appropriation Code Amount Appropriation Comment
315-93272 $250,000
Cover Memo
Item # 13
Bid Required?:No Bid Number:
Other Bid / Contract:Bid Exceptions:None
Review Approval:
Cover Memo
Item # 13
CONTRACT
Construction Manager @ Risk Services for Continuing Contracts
This CONTRACT made and entered into this 1(141‘ day of , 2013 by and
between the City of Clearwater, Florida, a municipal corporation, hereinafter designated as the "City" or
Owner", and Keystone Excavators, Inc. , of the City of Oldsmar , County of Pinellas and
State of Florida, hereinafter designated as the "Construction Manager ". The contracting entities shall
collectively be known as the "Parties."
WITNESSETH:
WHEREAS, the Clearwater City Council has approved using the Construction Manager at Risk approach
on appropriate projects as determined by the City's Engineering Department; and
WHEREAS, the City desires that the Construction Manager perform the management of the necessary
construction, design, and preconstruction services (collectively referred to as the Services) on an as-
needed basis subject to the terms and conditions set forth in this agreement and any agreement
incorporated into this agreement by reference.
NOW, THEREFORE, IT IS AGREED BY THE PARTIES:
ARTICLE 1: SCOPE OF WORK AND CONTRACT DOCUMENTS
1.1 The Construction Manager and its successors, assigns, executors or administrators, in consideration
of the sums of money, as herein after set forth to be paid by the City to the Construction Manager,
shall and will at its own cost and expense perform all labor, furnish all materials, tools and
equipment for all individual projects assigned as a result of this contract.
1.2 For each individual project assigned, in accordance with such proposal and technical supplemental
specifications and such other special provisions and drawings, if any, which will be submitted by the
City, together with any advertisement, instructions to bidders, general conditions, proposal and bond,
which may be hereto attached, and any drawings, if any, which may be herein referred to, are hereby
made a part of this contract, and all of said work to be performed and completed by the contractor
and its successors and assigns shall be fully completed in a good and workmanlike manner to the
satisfaction of the City.
1.3 Unless otherwise specified in this contract, all work shall be completed in accordance with Section III
and Section IV of the City of Clearwater Contract Specifications (the Specifications). For the
purposes of this contract, the term Contractor in Section III shall include the Construction Manager.
The Specifications, as may be supplemented and changed, along with this Contract constitute the
Contract Documents." In the event there is any conflict between this Contract and the Specifications,
this Contract shall take precedence except that the GMP PROPOSAL dated TBD is expressly
incorporated and made part of this Agreement. Further, the GMP Proposal shall be determinative
and control in the event of any conflict, discrepancy, absence of information and / or term or condition
to the contrary.
Page 1 of 10
Attachment number 1 \nPage 1 of 11
Item # 13
ARTICLE 2: CONSTRUCTION MANAGER'S DUTIES AND STATUS
2.1 The Construction Manager recognizes the relationship of trust and confidence established between it
and the City by this Agreement, and agrees with the City to furnish its best skill and judgment and the
overall supervision of its executives; to furnish efficient business administration and superintendence;
and to use every effort to keep upon the project site at all times an adequate supply of workforce and
materials to secure its execution and completion in the most expeditious and economical manner.
2.2 The Construction Manager represents that it has made a thorough examination of the premises and
is thoroughly familiar with the conditions under which it is to work.
2.3 The Construction Manager agrees to perform and complete the Services in accordance with laws,
rules, and regulations of all governmental authorities and departments thereof.
2.4 The Construction Manager agrees to cooperate with the City, Architect - Engineer, or any other Design
Professional in all respects, including, but not limited to, providing necessary preconstruction
services, such as evaluation of methods, availability and costs of the various components of the
Services while under design consideration; supervising the Services and the progress thereof; the
coordination of the Services and suggesting changes in the Services; and supplying information as to
costs and availability of materials and methods of construction in order, amongst other things, to
reduce costs wherever the same may be practicably consistent with the quality of the Services
presented in the Contract Documents.
2.5 The Construction Manager agrees to the following:
a) In connection with the performance of work under this Contract, the Construction Manager
agrees not to discriminate against any employee or applicant for employment because of
race, sex, religion, color, or national origin. The aforesaid provision shall include, but not be
limited to, the following employment:
upgrading
demotion or transfer
recruitment or recruitment advertising
lay -off or termination
rates of pay or other forms of compensation; and
selection for training, including apprenticeship
b) The Construction Manager agrees to post hereafter in conspicuous places, available for
employees or applicants for employment, notices to be provided by the contracting officer
setting forth the provisions of the non - discrimination clause.
C) The Construction Manager further agrees to insert the foregoing provisions in all contracts
hereunder, including contracts or agreements with labor unions and /or worker's
representatives, except sub - contractors for standard commercial supplies or raw materials.
ARTICLE 3: SCOPE OF THE SERVICES
3.1The services that the Construction Manager shall provide include, but are not limited to those
described in the following sections.
Page 2 of 10
Attachment number 1 \nPage 2 of 11
Item # 13
3.2 Reporting - Written reports shall be provided with the monthly pay requests as follows:
a) Monthly Executive Summary which provides an overview of current
decisions, future developments and expected achievements, and any
including code violations found by any permitting agency.
b) A Monthly Construction Progress Report that includes a cost narrative, a
and that summarizes the work of the various subcontractors. This
information from the weekly job site meetings as applicable such as:
general conditions
long lead supplies
current deliveries
safety and labor relations programs permits
construction problems and recommendations; and
plans for the succeeding month
issues and pending
problems or delays,
scheduling narrative
report shall include
3.3 Scheduling
a) Upon award of this Contract, the Construction Manager shall submit a master project
schedule covering the planning and design approvals, construction and Owner occupancy of
the Project. This schedule will serve as the framework for the subsequent development of all
detailed schedules. The master project schedule shall be produced and updated monthly
throughout the project.
b) Within thirty (30) days after the date of the Owner's issuance of a Notice to Proceed, the
Construction Manager shall prepare and submit to the Owner two copies of a Critical Path
Method (CPM) construction schedule graphically depicting the activities contemplated to
occur as a necessary incident to performance of the work required to complete the project,
showing the sequence in which the Construction Manager proposes for each such activity to
occur and duration (dates of commencement and completion, respectively) of each activity.
c) Following development and submittal of the construction schedule the Construction Manager
shall, at the end of each calendar month during the project, or at such earlier intervals as
circumstances may require, update and /or revise the construction schedule to show the
actual progress of the work performed and the occurrences of all events which have affected
the progress of performance of work already performed or will affect the progress of the
performance of the work yet to be performed in contrast with the planned progress of
performance of such work, as depicted on the original construction schedule and all updates
and /or revisions thereto as reflected in the updated and /or revised construction schedule last
submitted prior to submittal of each such monthly update and revision. Each such update
and /or revision to the construction schedule shall be submitted to the Owner in duplicate.
d) The Construction Manager shall provide current scheduling information and provide direction
and coordination regarding milestones, beginning and finishing dates, responsibilities for
performance and the relationships of the Construction Manager's work to the work of his
subcontractors and suppliers to enable them to perform their respective tasks so that the
development of construction progresses in a smooth and efficient manner in conformance
with the overall project schedule. The schedule shall include all phases of the construction
work, material supplies, long lease procurement, approval of shop drawings, change orders in
progress, schedules for change orders, and performance testing requirements. The
Construction Manager shall advise the Owner, its representatives and the Architect - Engineer
of their required participation in any meeting or inspection giving each at least one week
Page 3 of 10
Attachment number 1 \nPage 3 of 11
Item # 13
notice unless such notice is made impossible by conditions beyond his control. The
Construction Manager shall hold job -site meetings at least once each month with the
Construction Team and at least once each week with the subcontractors and the Architect -
Engineer's Field Representative, or more frequently as required by work progress, to review
progress, discuss problems and their solutions and coordinate future work with all
subcontractors.
e) Twice per month corresponding as closely as possible with progress review meetings, a "two
week" look ahead report shall be prepared and submitted to Owner and Architect / Engineer.
3.4 Design Review and Recommendations
a) The Construction Manager shall familiarize himself thoroughly with the evolving architectural,
civil, mechanical, plumbing, electrical and structural plans and specifications and shall follow
the development of design through Contract Documents. The Construction Manager shall
make recommendations with respect to the selection of systems and materials, and cost
reducing alternatives including assistance to the Architect- Engineer and Owner in
evaluating alternative comparisons versus long term cost effect. The evaluation shall speak
to the benefits of the speed of erection and early completion of the project. The
Construction Manager shall furnish pertinent information as to the availability of materials
and labor that will be required. The Construction Manager shall submit to the Owner and
Architect - Engineer such comments as may be appropriate conceming construction,
feasibility, and practicality. The Construction Manager shall bring to the Owner and the
Architect- Engineer's attention any apparent defects in the design, drawing and
specifications, or other documents. The Construction Manager shall prepare an estimate of
the construction cost at appropriate milestones during the design and shall evaluate such
estimate with the project budget. The Construction Manager shall recommend cost saving
alternatives, as appropriate, at each design milestone. At each design milestone the Owner,
Architect Engineer and Construction Manager shall conduct a value engineering review.
b) After receiving the Construction Documents for each phase of the project, the Construction
Manager shall perform a specific review thereof. Promptly after completion of the review,
the Construction Manager shall submit to the Owner, with a duplicate to the Architect -
Engineer, a written report covering suggestions or recommendations previously submitted,
additional suggestions or recommendations as the Construction Manager may deem
appropriate, and all actions taken by the Architect - Engineer with respect to same, any
comments he may deem to be appropriate with respect to separating the work into separate
contracts and /or alternative materials.
c) At completion of the Construction Manager's review of the plans and specifications, except
only as to specific matters as may be identified by appropriate comments pursuant to this
section, the Construction Manager shall warrant, without assuming any architectural or
engineering responsibility, that the plans and specifications are consistent, practical,
feasible and constructible. The Construction Manager shall warrant that the work described
in the plans and specifications for the various bidding packages is constructible within the
scheduled construction time.
d) The Construction Manager shall review the design for the purpose of identifying long lead
procurement items (i.e. machinery, equipment, materials and supplies). When each item is
identified, the Construction Manager shall notify the subcontractors, the Owner, and the
Architect - Engineer of the required procurement and schedule. Such information shall be
included in the bid documents and made a part of all affected sub - contracts. As soon as
the Architect- Engineer has completed drawings and technical specifications and the
Page 4 of 10
Attachment number 1 \nPage 4 of 11
Item # 13
Construction Manager has obtained permitting approval, the Construction Manager shall
prepare invitations for bids. The Construction Manager shall keep informed of the progress
of the respective subcontractors or suppliers, manufacturing or fabricating such items and
advise Project Director, Owner and Architect - Engineer of any problems or prospective delay
in delivery.
3.5 Staffing - Key personnel assigned to City projects by the Construction Manager shall not be
removed from the project until alternate personnel acceptable to the City are approved in writing by
the City.
3.6 Soliciting Bids
a) Without assuming responsibilities of the Architect- Engineer, and unless waived in writing by
the Owner, the Construction Manager shall prepare invitations for bids, or requests for
proposal when applicable, for all procurements of long lead items, materials and services, and
for Subcontractor contracts. Such invitations for bids shall be prepared in accordance with the
following guidelines:
i) Contracts totaling $1,000 but not exceeding $10,000 may be entered into by the
Construction Manager with the firm which is qualified and submits the lowest verbal
quotation. The Construction Manager shall obtain a minimum of two (2) verbal
quotations. These quotations shall be entered on a bid tabulation sheet and a copy of
such tabulation sent to the Owner, Architect - Engineer and to each firm. The
successful quotation shall be confirmed by written contract or purchase order to the
low bid firm defining the scope and quality of work to be provided.
ii) Contracts totaling $10,000 but not exceeding $200,000 may be entered into by the
Construction Manager with the firm who is qualified and submits the lowest responsive
proposal. The Construction Manager shall request at least three (3) firms to submit
sealed written proposals based on written drawings and /or specifications. The written
proposals shall all be opened publicly at the location, date and time named by the
Construction Manager in his request for proposal. A tabulation of the results shall be
furnished to the Owner, Architect - Engineer and to each firm.
iii) Contracts totaling $200,000 but not exceeding $500,000 may be entered into by the
Construction Manager with the firm who is pre - qualified and submits the lowest
responsive proposal. The Construction Manager shall advertise these projects at least
once with the last advertisement appearing at least 21 calendar days prior to the
established bid opening date. These proposals shall be based on approved plans and
specifications. Bids shall be received and opened publicly at the location, date and
time established in the bid advertisement.
iv) Contracts totaling $500,000 or greater shall be treated the same as described under iii
above except that the advertisement shall be run for at least 30 days prior to the
established bid opening and at least 5 days prior to any scheduled pre -bid conference.
v) Individual purchases of materials or rentals or leases of equipment of up to $999.99
each may be made without bids or quotes when reasonably necessary to expedite
work on the project; however, the Construction Manager shall not divide or separate a
procurement in order to avoid the requirements set forth above.
vi) Site utilities may be acquired at market rates from the entity(ies) providing such in the
franchise area.
Page 5 of 10
Attachment number 1 \nPage 5 of 11
Item # 13
b) For each separate construction contract exceeding $35,000, the Construction Manager shall,
unless waived by Owner, conduct a pre -bid conference with prospective bidders, the
Architect - Engineer and the Owner. In the event questions are raised which require an
interpretation of the bidding documents or otherwise indicate a need for clarification or
correction of the invitation, the Construction Manager shall transmit these to the Architect -
Engineer and upon receiving clarification or correction in writing shall prepare an addendum
to the bidding document, and issue same to all of the prospective bidders.
3.7 Quality Control - The Construction Manager shall develop and maintain a program, acceptable to
the Owner and Architect - Engineer that assures quality control of the construction. The Construction
Manager shall supervise the work of all subcontractors providing instruction to each when their work
does not conform to the requirements of the plans and specifications and shall continue to assert
influence and control over each subcontractor to ensure that corrections are made in a timely manner
so as to not affect the efficient progress of the work. Should disagreement occur between the
Construction Manager, the Owner or the Architect - Engineer over acceptability of work and
conformance with the requirements of the specifications and plans, the Owner shall be the final judge
of performance and acceptability.
3.8 Subcontractor Interfacing - The Construction Manager shall be the single point of interface with all
subcontractors for any work done under this Contract. The Construction Manager shall negotiate all
change orders, field orders and request for proposals, with all affected subcontractors and shall
review the costs of those proposals and advise the Owner and Architect - engineer of their validity and
reasonableness, acting in the Owner's best interest prior to requesting approval of each change
order from the Owner. Before any work is begun on any change order, a written authorization from
the Owner must be issued. When health and safety are threatened, however, the Construction
Manager shall act immediately to remove such threat to health and safety. The Construction
Manager shall also carefully review all shop drawings and then forward the same to the Architect -
Engineer for review and actions. The Architect- Engineer will transmit them back to the Construction
Manager who will then issue the shop drawings to the affected subcontractor for fabrication or
revision. The Construction Manager shall maintain a record to promote expeditious handling. The
Construction Manager shall request the Architect - Engineer to make interpretations of the drawings or
specifications requested of him by the subcontractors and shall maintain a record to promote timely
response. The Construction Manager shall advise the Owner and Architect - Engineer when timely
response is not occurring on any of the above. The Construction Manager shall collect, review and
submit to the Owner, all project closeout documentation including operation, maintenance and
training manuals.
ARTICLE 4: MAXIMUM PROJECT COST AND FEES FOR SERVICES
4.1 Guaranteed Maximum Price for Construction
a) When the Construction Documents are sufficiently complete to establish the scope of work for the
project or any portion thereof, the Construction Manager will establish and submit in writing to the
Owner for his approval a Guaranteed Maximum Price (GMP) guaranteeing the maximum price to
the Owner, for the construction cost of the project or designated part thereof. Such Guaranteed
Maximum Price will be subject to modification for changes in the project as provided in article
4.1(e) below. Actual price paid for the work by the Owner, however, shall be the actual cost of all
work subcontracts, supply contracts, direct labor costs, direct supervision costs and direct job
costs, plus the Construction Manager's fees or the GMP, whichever is Tess when the work is
complete. Invoicing shall occur monthly for completed work with 5% retainage withheld until final
completion and acceptance of all work covered in the contract documents in accordance to the
City's General Conditions.
Page 6 of 10
Attachment number 1 \nPage 6 of 11
Item # 13
b) At the time of submission of a Guaranteed Maximum Price, the Construction Manager will verify
the time schedule for activities and work which were adopted and used to determine the
Construction Manager's cost of work. In addition to the cost of work, a GMP will include an
agreed upon sum as the construction contingency which is included for the purpose of defraying
the expenses due to unforeseen circumstances relating to construction. The Construction
Manager will be required to furnish documentation evidencing expenditures charged to the
contingency prior to the release of funds by the Owner. If bids are received below the applicable
line items in the GMP, the surplus will be added to the contingency.
c) If bids are received above the applicable line item in the GMP, the deficiency will be taken from
the contingency; however, such occurrence shall not be cause to increase the GMP.
d) If bids are not received for a portion of the work at or below the applicable line item amount in the
GMP, the Construction Manager reserves the right to perform that portion of the work as
acknowledged by the Owner or negotiate for its performance for the specified line item lump sum
amount or less.
e) The increase or decrease in the Guaranteed Maximum Price resulting from a change in the
Project shall be determined in one or more of the following ways:
i. By mutual acceptance of a lump sum properly itemized and supported by sufficient
substantiating data to permit evaluation by the Architect Engineer and owner;
ii. By unit prices stated in the Agreement or subsequently agreed upon;
iii. If none of the methods is agreed upon, the Construction Manager, provided it has
received a signed written order by the Owner, shall promptly proceed with the work
involved. The cost of such work shall then be determined on the basis of the
reasonable expenditures and savings of those performing the work attributed to
the change. In the event a Change Order is issued under these conditions,
however, the Architect - Engineer will establish an estimated cost of the work and
the Construction Manager shall not perform any work whose cost exceeds that
estimate without prior written approval by the Owner. In such case, the
Construction Manager shall keep and present, in such form as the Owner may
prescribe, an itemized accounting together with appropriate supporting data of the
increase in the Cost of the Project. The amount of decrease in the Guaranteed
Maximum Price to be allowed by the Construction Manager to the Owner for any
deletion or change which results in a net decrease in cost will be the amount of the
actual net decrease;
iv. The Architect - Engineer will have authority to order minor changes in the Project
not involving an adjustment in the Guaranteed Maximum Price or an extension of
the Construction Completion Date and not inconsistent with the intent of the
Drawings and Specifications. Such changes shall be effected by written order.
Documentation of changes shall be determined by the Architect - Engineer..
Changes shall be approved by the Architect - Engineer
Page 7 of 10
Attachment number 1 \nPage 7 of 11
Item # 13
4.2 Construction Manager's Fee - In consideration of the performance of the contract, the Owner
agrees to pay the Construction Manager as compensation for his services, fees as set forth below:
4.3 Preconstruction Phase Fee - shall be based on design costs if applicable, constructability review,
value engineering and fee determination of Guaranteed Maximum Price. The fee for this phase in the
amount of $ waived by the City /Owner shall be paid at the negotiated price upon receipt of the
Guaranteed Maximum Price.
a) Construction Phase Fee - Prior to commencement of the Construction Phase, the Owner will
direct the Construction Manager in writing to proceed into the Construction Phase. The
Construction Manager's compensation for work or service performed during the Construction
Phase shall be a fee of TBD . The Construction Phase Fee shall be invoiced and paid in TBD
months. Payments will be remitted monthly at the cost of TBD each and one final monthly
payment of TBD . The first monthly payment shall become due thirty days following the
issuance of the first Construction Authorization and the final monthly payment shall be paid only
when construction of the project is completed and occupancy of the project accepted by the
Owner. If construction is authorized only for a part of the project, the fee paid shall be
proportionate to the amount of work authorized by the Owner.
ARTICLE 5: TERMINATION AND TIME OF THE ESSENCE
5.1 If the Construction Manager is adjudged bankrupt or makes a general assignment for the benefit of
creditors, or if a receiver is appointed on account of its insolvency, or if refuses or fails, except in
cases for which an extension of time is provided, to supply enough properly skilled workmen or
proper materials for the Services, or otherwise be guilty of a substantial violation of any provision of
this Agreement as determined by the certificate of the Architect, the Owner may, without prejudice
and reserving any other right or remedy the Owner may have, after giving the Construction Manager
seven (7) days' written notice, terminate the employment of the Construction Manager and take
possession of the premises and all materials, tools, and appliances thereon and finish the Project in
whatever manner the Owner may deem expedient.
5.2 It is mutually agreed between the parties hereby that time is of the essence of this contract, and in
the event that the Substantial Completion Date is not achieved within the time stipulated herein, it is
then further agreed that the City may deduct from such sums or compensation as may be due to the
Construction Manager, the sum of $1,000.00 per day for each day that the work to be performed by
the Construction Manager remains incomplete beyond the time limit specified herein, which sum of
1,000.00 per day shall only and solely represent damages which the City has sustained by reason
of the failure of the Construction Manager to complete the work within the time stipulated, it being
further agreed that the sum is not to be construed as a penalty but is only to be construed as
liquidated damages for failure of the Construction Manager to complete and perform all work within
the time period as specified in this contract.
ARTICLE 6: INDEMNIFICATION
6.1The Construction Manager and his or its successors and assigns does hereby agree to assume the
defense of any legal action which may be brought against the City as a result of the Construction
Manager's activities arising out of this contract and furthermore, in consideration of the terms,
stipulations and conditions as contained herein, agrees to hold the city free and harmless from any
and all claims for damages, costs of suits, judgments or decrees resulting from any claims made
under this contract against the city or the contractor or the contractor's sub - contractors, agents,
Page 8 of 10
Attachment number 1 \nPage 8 of 11
Item # 13
servants or employees resulting from activities by the aforementioned contractor, sub - contractor,
agent servants or employees.
6.2 Nothing contained herein shall be construed as a waiver of any immunity from or limitation of liability
the City (Owner) may be entitled to under the doctrine of sovereign immunity or section 768.28,
Florida Statutes.
ARTICLE 7: TITLE TO THE PROJECT
7.1 The title of all work, completed portions of the Project and in the course of construction, and of all
materials on account of which payment has been made shall be in the Owner.
ARTICLE 8: ASSIGNMENT
8.1 This Agreement shall be binding upon and inure to the benefit of the Parties hereto and their
respective successors and assigns, except that this Agreement may not be assigned by either party
without the prior written consent of the other party. Any assignment made without such prior written
consent shall not vest rights in the assignee.
ARTICLE 9: ADDITIONAL PROVISIONS
9.1 This Agreement shall be governed by and construed in accordance with the laws of the State of
Florida, and the venue for any dispute under this Agreement shall be an appropriate court of
competent jurisdiction in Pinellas County, Florida.
9.2 Any notice required to be given by the terms and provisions of this Agreement or by any law or
governmental regulation, either by the Owner or Construction Manager, shall be in writing unless
otherwise required by such law or regulation and shall be deemed to have been served and given
when deposited in either Registered or Certified Mail in United States Branch Post Office, addressed
to the party hereto to whom directed, at the address specified in the Specifications,.
9.3 The language in this Agreement shall be construed according to its customary meaning within the
Florida building industry. Whenever used, the singular shall include the plural, the plural the singular,
and the use of any gender shall be applicable to all genders.
9.4 If any provision of the Contract Documents is invalid or unenforceable as against any person or party,
the remainder of the Contract Documents and the applicability of such provision to other persons or
parties shall not be affected thereby.
9.5 Nothing contained in this Agreement shall be construed to mean that the Construction Manager and
Owner are joint venturers or partners.
Page 9 of 10
Attachment number 1 \nPage 9 of 11
Item # 13
IN WITNESS WHEREOF, the parties to the agreement have hereunto set their hands and seals andhaveexecutedthisAgreement, in duplicate, the day and Year first above written.
CITY OF CLEARWATER
IN PINELLAS COUNTY, FLORIDA
By _ W GQ . 6. 4144.,,u2,---at-
William B. Home II City Manager
Countersigned:
By: I t'or1e 1 CrtAt kf
George Cretekos, Mayor- Councilmember
ontracto
Corporatio
In•'
ust indicate whether
Partnership, company
I)
The person signing shall, in his own handwriting
sign the Principal's name, his own name and his
title; where the person is signing for a Corporation
he must, by Affidavit, show his authority to bind the
Corporation).
Page 10 of 10
fey
Attest:
Camilo Soto, Assistant City Attorney
Attachment number 1 \nPage 10 of 11
Item # 13
KEYSTONE EXCAVATORS, INC.
CUCO 56698
FPSCV 72520700011996
AFFIDAVIT
STATE OF FLORIDA
COUNTY OF PINELLAS
371 Scarlet Blvd.
Oldsmar, FL 34677
Phone 813- 854 -2342 Fax 813- 854 -2993
Mary Kay Bradley being duly sworn, deposes and says that he /she is Secretary of Keystone
Excavators, Inc. a corperation organized and existing under and by virtue of the laws of the
State of Florida, and having it's principle office at 371 Scarlet Boulevard, Oldsmar, Florida in
the county of Pinellas.
Affiant further says he /she is familiar with the records, minutes, books and by -laws of
Keystone Excavators, Inc.
Affiant further says that Robert C. Fornwalt is President of the corperation, is duly authorized
to sign all documents for
Bid #YQ 31116' for said corperation by virtue of Provision of by laws.
Sworn before The this , Ll0 day of 201Y
0,1*(14 A.
Type/ Print/ Stamp name of Notary
Title or Rank, And Serial No.., If any
Attachment number 1 \nPage 11 of 11
Item # 13
Attachment number 2 \nPage 1 of 6
Item # 13
Attachment number 2 \nPage 2 of 6
Item # 13
Attachment number 2 \nPage 3 of 6
Item # 13
Attachment number 2 \nPage 4 of 6
Item # 13
Attachment number 2 \nPage 5 of 6
Item # 13
Attachment number 2 \nPage 6 of 6
Item # 13
City Council Agenda
Council Chambers - City Hall
Meeting Date:11/7/2013
SUBJECT / RECOMMENDATION:
Approve an agreement between the City of Clearwater and the School Board of Pinellas County, Florida providing for the continuation
of the School Resource Officer program at Clearwater High School, Countryside High School and Oak Grove Middle School for a one-
year period commencing July 1, 2013 through June 30, 2014 and authorize the appropriate officials to execute same. (consent)
SUMMARY:
Under the terms of the one-year agreement between the School Board of Pinellas County and the City of
Clearwater, the City will provide law enforcement and related services to Clearwater High School,
Countryside High School and Oak Grove Middle School during the regular school year. The assigned
officers (1 per school) will provide instruction in law education, will serve as resource persons, conduct
investigations, provide security and maintain the peace, make arrests and provide support services as
necessary.
The annual cost of salaries and benefits of three officers over the one-year period will be $310,064.21. Total
annual reimbursement from the School Board will be $51,462.07 for each officer, for a total reimbursement
of $154,386.21, reflecting a 5% increase in reimbursement to the City for SRO services during the
2013/2014 contract period.
A first quarter budget amendment will transfer the difference of $155,678 from the Special Law Enforcement
Trust Fund (SLEF), special project 181-99331 to special project 181-99264, School Resource Officers.
Sufficient funding will be available in special project 181-99264, School Resource Officers, for total funding
of $310,064.21
The cost incurred by the Police Department is offset by the benefit of the program to the community and the
Police Department. The Police Department has maintained a good working relationship with the School
Board. School Resource Officers have been assigned to Clearwater High School since January 1, 1985 and
Countryside High School since January 1, 1986 and Oak Grove Middle School since August 27, 2007.
Type:Other
Current Year Budget?:Yes Budget Adjustment:Yes
Budget Adjustment Comments:
Current Year Cost:$155,678.00 Annual Operating Cost:
Not to Exceed:Total Cost:$310,064.21
For Fiscal Year:2013 to 2014
Appropriation Code Amount Appropriation Comment
181-99264 $155,678.00 First quarter amendment will reflect 2013/2014 funding
Review Approval:
Cover Memo
Item # 14
Attachment number 1 \nPage 1 of 10
Item # 14
Attachment number 1 \nPage 2 of 10
Item # 14
Attachment number 1 \nPage 3 of 10
Item # 14
Attachment number 1 \nPage 4 of 10
Item # 14
Attachment number 1 \nPage 5 of 10
Item # 14
Attachment number 1 \nPage 6 of 10
Item # 14
Attachment number 1 \nPage 7 of 10
Item # 14
Attachment number 1 \nPage 8 of 10
Item # 14
Attachment number 1 \nPage 9 of 10
Item # 14
Attachment number 1 \nPage 10 of 10
Item # 14
City Council Agenda
Council Chambers - City Hall
Meeting Date:11/7/2013
SUBJECT / RECOMMENDATION:
Award a contract (purchase order) to Perkin Elmer Health Sciences Inc. of Shelton, CT, in the amount of $138,199.00, in response to
the City of Clearwater Public Utilities Laboratory’s request for purchase of a NexION 300X ICP-MS System and authorize the
appropriate officials to execute same. (consent)
SUMMARY:
The City of Clearwater Public Utilities Laboratory is located adjacent to the Marshall Street Advanced Wastewater
Treatment facility on Harbor Drive in Clearwater. The laboratory is responsible for a large number of analyses, in a wide
variety of applications, for compliance purposes with permit constraints, local, state and federal regulations applicable to
the City’s ownership and operation of a Public Drinking Water system, Wastewater treatment plants and reclaimed water.
To increase the level of accuracy and efficiency, as well as comply with the regulatory requirement of lower detection
limits, this new ICP-MS System instrument will be an updated replacement for the current, aging instrument, and will
allow consolidation of methods of analysis, which in turn will provide savings on certification costs.
The contract includes training, support and a factory warranty.
Sufficient budget and funding is available in the Utility R and R revenue in 0327-96645, Laboratory Upgrade and R and
R, in the amount of $138,199.00.
Type:Capital expenditure
Current Year Budget?:Yes Budget Adjustment:None
Budget Adjustment Comments:
Current Year Cost:$138,199.00 Annual Operating Cost:
Not to Exceed:Total Cost:$138,199.00
For Fiscal Year:2013 to 2014
Appropriation Code Amount Appropriation Comment
0327-96645-564000-535-000-
0000
$138,199.00 FY2014
Bid Required?:No Bid Number:
Other Bid / Contract:Bid Exceptions:Sole Source
Review Approval:Cover Memo
Item # 15
ITEMMATERIALDESCRIPTIONQTY/EAUNITPRICETOTAL
1N8140002FINALASSY-NEXION-300XICP-MS1182,300.00182,300.00
MaterialDiscount 65,628.00-
NexION300XICP-MSSystem.ThePerkinElmerNexION300Xisafully
computercontrolled,benchtopICPMassSpectrometerconsistingofthe
NexIONspectrometerandNexIONapplicationsoftwarewhichrunsunder
theWindows7®operatingsystem.Itincludesaninstallationkitwith
installationsolutions,gaslines,coolinglines,flexibleventtubing,
wastecontainer,andsampleintroduction,torchandinterfacespares
kits.
Someofthefeaturesincludeancyclonicsampleintroductionsystemwith
aMEINHARD#concentricnebulizer;abuilt-in40MHzfree-running
InductivelyCoupledPlasmasourcewithpatentedPlasmaLok#interfaceto
controlionenergies;Newcassettetorchmountthatprovidesonehanded
removalandreplacement;aquadruple-stagevacuumsystemutilizinga
tripleinletturbomolecularpump;atripleconeinterfacetocollimate
theionbeam;aiondeflectorthatreducesneutralsandpolyatomics;a
patentedUniversalReactionCell#withbothKineticEnergy
Discriminationthatusescollisionstoreducepolyatomicinterferences
andReactionCellTechnologywithscanningquadrupoletochemically
resolvepolyatomicinterferencesfromanalytespeciesintypical
matrices;abinarygoldmetalizedceramicquadrupoleproducing
hyperbolicfieldsforexcellentabundancesensitivityandon-the-fly
variableresolution;2.5MHzthermallystabilizedquadrupolepower
supplyforoutstandingmassstability;andSimulScan#iondetection
circuitryforautomaticextendeddynamicrangeinasinglescan;an
integrated3-channelperistalticpump;Computer-controlledsingle-
channelgaspneumatics(withoutgetter)arestandard.
To:DR.MARIADELACANTERA
CITYOFCLEARWATER
PUBLICUTILITIES
1605HARBORDRIVE
CLEARWATERFL33755
TELEPHONENO.(727)462-6664
FAXNO.
YOURREFERENCE
Quotation
PAGE1of4
QUOTENO.:
QUOTEVALIDTO:
QUOTEDATE:
PAY.TERMS:
FREIGHTTERMS:
ULTIMATEDEST.:
SENDPURCHASEORDERSTO:
PerkinElmerHealthSciences,Inc.
710BridgeportAve.
Shelton,CT06484-4794
Phone:1-800-762-4000SALESREPRESENTATIVE:RAYMONDTHOMPSON
Fax:(203)944-4914PREPAREDBY:FlorVazquez
Email:USInstrumentOrders@perkinelmer.com
ACCEPTANCEOFTHISQUOTATIONISLIMITEDTOTHEATTACHEDTERMSANDCONDITIONS
TERMSSUBJECTTOCREDITAPPROVAL
PerkinElmerHealthSciencesInc.
710BridgeportAvenue
Shelton,CT06484-4794
20608258
11/29/2013
10/01/2013
DueUponReceipt
FOBFactory-FreightQuoted
UNITEDSTATESOFAMERICA
Phone:1-800-762-4000
Fax:(203)944-4914
Attachment number 1 \nPage 1 of 4
Item # 15
ITEMMATERIALDESCRIPTIONQTY/EAUNITPRICETOTAL
2N8140503Kit-solutionNexionnon-cell1532.00532.00
Mat'lDiscExculsiv 532.00-
3N0772046CHILLER-1HP230V/60HZTPQUIET^14,290.004,290.00
1HPWhispercool#Chiller
CoolingCapacity@20C:2650wattson50Hz;2900wattson60Hz
PumpFlow:3.5gpm/13.2lpm
PumpPressure(adjustable):90psimaximum/6.9barmaximum(presetat
55psi)
Microprocessor-basedtemperaturecontroller
Large,easytoreaddigitaltemperaturedisplay(°Cor°F)
CoolCommand#modulatedrefrigerationsystemforenhancedtemperature
stabilityandextendedcompressorlife
Chillerisdesignedforindoorinstallationinambienttemperatures
between5°and30°C(41°and86°F);relativehumidityshouldnotexceed
80%(non-condensing)
Soundmeasurement@1meteraway:65dBA(fullload)/62dBA(noload)
ElectricalRequirements:50Hz:240V/1PH/12.2Amps
ElectricalRequirements:60Hz:208-230V/1PH/12.2Amps
Dimensions:27.6”Lx14.5”Wx22.6”H/70.2cmLx36.8cmWx57.5cmH
ShippingWeight:99lbs/90kgs
Manufacturer’sWarranty:2yearsparts&labor
4WE016558CHEMCHILLERCOOLANT133.0033.00
509406409PC-LENOVOM82(WIN7-64BIT)TOWERUSA1999.00999.00
609406020MONITOR-24INCHLCD(NON-ATO)1449.00449.00
7N8141230NexIONBenchwithVacuumPumpDolly13,084.003,084.00
809421085PRINTERLASERBROTHERHL-5340D120V^1473.00473.00
909421130CABLE-USB2480MBPSA/BPLUG10FT136.0036.00
10N0200193ICPMS-NEXIONTRAINING13,150.003,150.00
NewInstTrainDisc 3,150.00-
11N2020006S10AutosamplerforICP18,900.008,900.00
To:DR.MARIADELACANTERA
CITYOFCLEARWATER
Quotation
PAGE2of4
QUOTENO.:20608258
QUOTEVALIDTO:11/29/2013
QUOTEDATE:10/01/2013
PerkinElmerHealthSciencesInc.
710BridgeportAvenue
Shelton,CT06484-4794
Phone:1-800-762-4000
Fax:(203)944-4914
Attachment number 1 \nPage 2 of 4
Item # 15
ITEMMATERIALDESCRIPTIONQTY/EAUNITPRICETOTAL
12N2020045S10AutosamplerDustCover11,063.001,063.00
13REGDELMASRegularDelivery12,200.002,200.00
14MASN8140002POS2ExtWarranty+2PM-NexION300XICP-MS121,308.00
OPTIONALITEM
POINTOFSALEPRICINGUNITPRICEQUOTEDISMONTHLY.TOTALFOR1YEAR:
$15,696.00
15MASPOLYCHILLPOS2ExtWarranty+2PM-PolyScienceChiller1299.00
OPTIONALITEM
POINTOFSALEPRICINGUNITPRICEQUOTEDISMONTHLY.TOTALFOR1YEAR:
$1,188.00
16ICPAUTSMPLRPOS2ExtendedWarranty+2PM-ICPAutosampler12165.00
OPTIONALITEM
POINTOFSALEPRICINGUNITPRICEQUOTEDISMONTHLY.TOTALFOR1YEAR:
$1,980.00
TotalNetPriceinUSD:138,199.00
Optionalitemsnotincludedintotal
CustomizedFinancingSolutions areavailable-Weoffercompetitiverateswithawiderange
ofstructurestoassistinacquiringyourPerkinElmertechnology-SpeaktoyourSalesEngineer
usat1-800-559-2755ext.69608
Didyouknowthatyoucanorderselectedproductsonlineatwww.perkinelmer.com/shop?
MATERIALDISCOUNTSHOWSAPROMOTIONALDISCOUNT.PROMOMAS031101
EXPIRESON12/27/2013
PleasewhensubmittingyourorderincludeourQuotationorReferencenumber.
*
Theamountdisplayeddoesnotincludetaxcharges.
Thesechargeswillbeaddedtotheinvoiceifapplicable.
*
Includesinstallationandoneyearwarranty(parts,laborandtravel).
*
Termssubjecttocreditapproval.
To:DR.MARIADELACANTERA
CITYOFCLEARWATER
Quotation
PAGE3of4
QUOTENO.:20608258
QUOTEVALIDTO:11/29/2013
QUOTEDATE:10/01/2013
PerkinElmerHealthSciencesInc.
710BridgeportAvenue
Shelton,CT06484-4794
Phone:1-800-762-4000
Fax:(203)944-4914
Attachment number 1 \nPage 3 of 4
Item # 15
ITEMMATERIALDESCRIPTIONQTY/EAUNITPRICETOTAL
Pleasenotethatspecialdeliveryrequirements
(ie:lift-gate,insidedelivery,unpack,holiday,oroffhoursdelivery)mayincuranadditional
charge.
AnysuchspecialdeliveryrequestsmustbenotedonthePOwhenorderisplaced
_____________________________________________________
RAYMONDTHOMPSON
To:DR.MARIADELACANTERA
CITYOFCLEARWATER
Quotation
PAGE4of4
QUOTENO.:20608258
QUOTEVALIDTO:11/29/2013
QUOTEDATE:10/01/2013
PerkinElmerHealthSciencesInc.
710BridgeportAvenue
Shelton,CT06484-4794
Phone:1-800-762-4000
Fax:(203)944-4914
Attachment number 1 \nPage 4 of 4
Item # 15
Attachment number 2 \nPage 1 of 3
Item # 15
Attachment number 2 \nPage 2 of 3
Item # 15
Attachment number 2 \nPage 3 of 3
Item # 15
City Council Agenda
Council Chambers - City Hall
Meeting Date:11/7/2013
SUBJECT / RECOMMENDATION:
Award a construction contract to Rowland, Inc of Pinellas Park, Florida, for Smallwood Circle Drainage Improvements Project (11-
0057-EN) and Edgewood Avenue Sanitary Sewer Improvements (10-0027-UT) in the amount of $2,345,142.97, which is the lowest
responsible bid received in accordance with plans and specifications; approve Engineer of Record (EOR) Supplemental Work Orders
to Cumbey and Fair in the amount of $56,688.81 and King Engineering in the amount of $52,152 for limited Construction
Engineering Services (CES) and authorize the appropriate officials to execute same. (consent)
SUMMARY:
Smallwood Circle Drainage Improvements
· The upstream limit of the project is by Wood Drive near Rose Wood Street and the downstream limit
of the project is the intersection of Elmwood Avenue and North Highland Avenue.
· Construction of this project includes 48 drainage structures, 3,450 linear feet of larger pipes, and a
baffle box to improve water quality.
· The existing system begins with 12-inch diameter polyvinyl chloride pipe and increases to 24-inch
corrugated metal pipe that is nearing the end of its useful lifespan.
· The proposed system will be all reinforced concrete pipe, beginning with a 14-inch by 23-inch
elliptical and increasing to 36-inch pipe.
· The Southwest Florida Water Management District (SWFWMD) is cooperatively funding fifty percent
(50%) of the project up to a maximum amount of $875,000.
Edgewood Avenue Sanitary Sewer Improvements
· The sanitary sewer system in the Glenwood Estates neighborhood consists of 8-inch through 12-
inch clay pipe. A number of the sewer runs between manholes were constructed at slopes less than
those currently considered industry standard. In particular, the sewer behind the lots on Edgewood
Avenue has relatively “flat” and, in some cases, negative slope. Over the years, this has resulted in
increased maintenance efforts on the City’s behalf and possibly sewer backups.
· The Sanitary Sewer Improvements project will correct these deficiencies and bring the new pipe
runs up to current industry standards.
Cumbey and Fair has provided design, stormwater modeling, permitting, and bid services for Smallwood Circle
Drainage Improvements through previous work orders. Through this Supplemental Work Order, they shall provide
limited CES.
King Engineering has provided sanitary sewer investigation, design, permitting, and bid services for Edgewood
Avenue Sanitary Sewer Improvements through previous work orders. Through this Supplemental Work Order, they
shall provide limited CES.
Stormwater Maintenance Department shall operate and maintain the Smallwood Circle Drainage Improvements and
Public Utilities shall operate and maintain the Edgewood Avenue Sanitary Sewer Improvements.
A first quarter budget amendment will transfer $1,347,718.98 from Capital Improvement Program project 0315-
96124, Storm Pipe System Improvements to 0315-96178, Smallwood Circle.
Sufficient funding is available in the amount of $1,106,264.80 in 0327-96665, Sanitary Sewer R and R for total funding in
the amount of $2,453,983.78.
Type:Capital expenditure
Cover Memo
Item # 16
Current Year Budget?:No Budget Adjustment:Yes
Budget Adjustment Comments:
See summary
Current Year Cost:$2,453,983.78 Annual Operating Cost:
Not to Exceed:$2,453,983.78 Total Cost:$2,453,983.78
For Fiscal Year:2013 to 2014
Appropriation Code Amount Appropriation Comment
0315-96178-563700-539-
000-0000
$1,293,350.47 See summary
0327-96665-563800-535-
000-0000
$1,051,792.50 See summary
0315-96178-563700-539-
000-0000
$ 54,368.51See summary
0327-96665-561300-535-
000-0000
$ 2,320.30 See summary
0327-96665-561300-535-
000-0000
$ 52,152.00 See summary
Bid Required?:Yes Bid Number:11-0057-EN
Other Bid / Contract:10-0027-UT Bid Exceptions:None
Review Approval:
Cover Memo
Item # 16
BID ITEM
#ITEM DESCRIPTION UNIT QTY UNIT PRICE
EXTENDED
PRICE UNIT PRICE
EXTENDED
PRICE UNIT PRICE
EXTENDED
PRICE UNIT PRICE
EXTENDED
PRICE UNIT PRICE
EXTENDED
PRICE UNIT PRICE
EXTENDED
PRICE UNIT PRICE
EXTENDED
PRICE UNIT PRICE
EXTENDED
PRICE
SMALLWOOD CIRCLE DRAINAGE
1 Mobilization 5% Maximum of Smallwood Circle LS 1 $ 87,350.00 87,350.00$ $ 75,000.00 75,000.00$ $ 80,000.00 80,000.00$ $ 75,000.00 75,000.00$ $ 95,000.00 95,000.00$ $ 85,000.00 85,000.00$ $ 55,225.00 55,225.00$ $ 65,600.00 65,600.00$
2 Maintenance of Traffic 3% Maximum of Smallwood Circle LS 1 $ 52,410.00 52,410.00$ $ 45,000.00 45,000.00$ $ 45,000.00 45,000.00$ $ 45,000.00 45,000.00$ $ 55,000.00 55,000.00$ $ 51,000.00 51,000.00$ $ 12,775.00 12,775.00$ $ 28,480.00 28,480.00$
3 Clearing & Grubbing LS 1 $ 570,000.00 570,000.00$ $ 260,000.00 260,000.00$ $ 215,000.00 215,000.00$ $ 95,000.00 95,000.00$ $ 40,000.00 40,000.00$ $ 80,000.00 80,000.00$ $ 60,425.00 60,425.00$ $ 190,825.00 190,825.00$
4 Excavation, Removal, and Replacement of Unsuitable Material CY 4500 $ 41.00 184,500.00$ $ 28.00 126,000.00$ $ 35.00 157,500.00$ $ 20.00 90,000.00$ $ 20.00 90,000.00$ $ 35.00 157,500.00$ $ 17.50 78,750.00$ $ 18.50 83,250.00$
5 Construct 36" RCP LF 886 $ 154.00 136,444.00$ $ 130.00 115,180.00$ $ 150.00 132,900.00$ $ 135.00 119,610.00$ $ 121.50 107,649.00$ $ 180.00 159,480.00$ $ 147.00 130,242.00$ $ 140.00 124,040.00$
6 30" RCP LF 756 $ 85.00 64,260.00$ $ 115.00 86,940.00$ $ 125.00 94,500.00$ $ 133.00 100,548.00$ $ 155.43 117,505.08$ $ 165.00 124,740.00$ $ 125.00 94,500.00$ $ 81.00 61,236.00$
7 24" x 38" ERCP LF 149 $ 136.00 20,264.00$ $ 120.00 17,880.00$ $ 160.00 23,840.00$ $ 135.00 20,115.00$ $ 133.65 19,913.85$ $ 181.00 26,969.00$ $ 126.00 18,774.00$ $ 97.00 14,453.00$
8 24" RCP (including removal of existing pipe)LF 208 $ 75.00 15,600.00$ $ 70.00 14,560.00$ $ 125.00 26,000.00$ $ 105.00 21,840.00$ $ 78.98 16,427.84$ $ 105.00 21,840.00$ $ 122.00 25,376.00$ $ 70.00 14,560.00$
9 20" HDPE (including removal of existing 12" pipe)LF 90 $ 127.00 11,430.00$ $ 130.00 11,700.00$ $ 120.00 10,800.00$ $ 180.00 16,200.00$ $ 140.16 12,614.40$ $ 150.00 13,500.00$ $ 185.00 16,650.00$ $ 70.00 6,300.00$
10 14" x 23" ERCP (including removal of existing pipe)LF 198 $ 75.00 14,850.00$ $ 56.00 11,088.00$ $ 80.00 15,840.00$ $ 100.00 19,800.00$ $ 60.75 12,028.50$ $ 90.00 17,820.00$ $ 106.00 20,988.00$ $ 82.00 16,236.00$
11 18" RCP (including removal of existing pipe)LF 893 $ 58.00 51,794.00$ $ 52.00 46,436.00$ $ 80.00 71,440.00$ $ 100.00 89,300.00$ $ 115.43 103,078.99$ $ 77.11 68,859.23$ $ 98.00 87,514.00$ $ 68.00 60,724.00$
12 15" RCP (including removal of existing pipe)LF 439 $ 67.00 29,413.00$ $ 40.00 17,560.00$ $ 100.00 43,900.00$ $ 90.00 39,510.00$ $ 91.13 40,006.07$ $ 72.85 31,981.15$ $ 85.00 37,315.00$ $ 65.00 28,535.00$
13 Modify Existing Structures (ES-33, ES-42, ES-59)EA 3 $ 7,280.00 21,840.00$ $ 500.00 1,500.00$ $ 1,300.00 3,900.00$ $ 2,500.00 7,500.00$ $ 2,430.00 7,290.00$ $ 3,100.00 9,300.00$ $ 975.00 2,925.00$ $ 1,840.00 5,520.00$
14 Modify Existing Structures (ES-27)EA 1 $ 7,450.00 7,450.00$ $ 1,700.00 1,700.00$ $ 1,300.00 1,300.00$ $ 3,500.00 3,500.00$ $ 2,430.00 2,430.00$ $ 3,800.00 3,800.00$ $ 4,900.00 4,900.00$ $ 3,680.00 3,680.00$
15
Construct Type A Curb Inlet, Less than 10' (S-06, S-12, S-
15, S-20, S-31, S-37, S-40, S-42, S-43, S-44, S-46)EA 11 $ 4,430.00 48,730.00$ $ 4,500.00 49,500.00$ $ 5,300.00 58,300.00$ $ 8,000.00 88,000.00$ $ 3,827.25 42,099.75$ $ 5,178.00 56,958.00$ $ 4,050.00 44,550.00$ $ 3,375.00 37,125.00$
16 Construct Type 9 Curb Inlet, Less than 10' (S-38, S-39)EA 2 $ 4,270.00 8,540.00$ $ 3,000.00 6,000.00$ $ 5,300.00 10,600.00$ $ 6,500.00 13,000.00$ $ 4,070.25 8,140.50$ $ 5,475.00 10,950.00$ $ 2,125.00 4,250.00$ $ 3,850.00 7,700.00$
17
Construct Type 10 Curb Inlet, Less than 10' (S-32, S-33, S-
34, S-35, S-36)EA 5 $ 3,490.00 17,450.00$ $ 3,300.00 16,500.00$ $ 5,500.00 27,500.00$ $ 6,500.00 32,500.00$ $ 4,252.50 21,262.50$ $ 5,600.00 28,000.00$ $ 1,525.00 7,625.00$ $ 4,595.00 22,975.00$
18
Standard 4' Diameter Manhole, Less than 10' (S-13, S-14, S-
16, S-17, S-18, S-28, S-29, S-30, S-41)EA 9 $ 3,740.00 33,660.00$ $ 2,600.00 23,400.00$ $ 2,600.00 23,400.00$ $ 3,200.00 28,800.00$ $ 4,252.50 38,272.50$ $ 4,080.00 36,720.00$ $ 4,125.00 37,125.00$ $ 3,595.00 32,355.00$
19
Standard 5' Diameter Manhole, Less than 10' (S-04, S-08, S-
09, S-45)EA 4 $ 4,430.00 17,720.00$ $ 4,000.00 16,000.00$ $ 3,200.00 12,800.00$ $ 3,800.00 15,200.00$ $ 6,075.00 24,300.00$ $ 5,520.00 22,080.00$ $ 4,650.00 18,600.00$ $ 3,750.00 15,000.00$
20 Standard 5' Diameter Manhole, Greater than 10' (S-01, S-02) EA 2 $ 14,000.00 28,000.00$ $ 4,900.00 9,800.00$ $ 6,100.00 12,200.00$ $ 5,500.00 11,000.00$ $ 6,682.50 13,365.00$ $ 8,400.00 16,800.00$ $ 6,925.00 13,850.00$ $ 9,050.00 18,100.00$
21 Standard 6' Diameter Manhole, Greater than 10' (S-03)EA 1 $ 17,200.00 17,200.00$ $ 5,600.00 5,600.00$ $ 6,500.00 6,500.00$ $ 6,000.00 6,000.00$ $ 9,720.00 9,720.00$ $ 11,340.00 11,340.00$ $ 7,525.00 7,525.00$ $ 10,565.00 10,565.00$
22 Type C DBI (S-22, S-23, S-24, S-25, S-27)EA 5 $ 2,640.00 13,200.00$ $ 2,200.00 11,000.00$ $ 1,900.00 9,500.00$ $ 3,000.00 15,000.00$ $ 3,037.50 15,187.50$ $ 2,800.00 14,000.00$ $ 1,625.00 8,125.00$ $ 2,370.00 11,850.00$
23 Type D DBI with Flume (S-26)EA 1 $ 3,370.00 3,370.00$ $ 4,300.00 4,300.00$ $ 4,000.00 4,000.00$ $ 5,500.00 5,500.00$ $ 3,037.50 3,037.50$ $ 4,790.00 4,790.00$ $ 2,900.00 2,900.00$ $ 4,505.00 4,505.00$
24 Type H DBI-Modified (S-07)EA 1 $ 6,940.00 6,940.00$ $ 7,000.00 7,000.00$ $ 4,600.00 4,600.00$ $ 5,000.00 5,000.00$ $ 6,075.00 6,075.00$ $ 10,177.00 10,177.00$ $ 5,000.00 5,000.00$ $ 4,840.00 4,840.00$
25 Type J-8 MH, < 10' (S-11, S-19)EA 2 $ 4,430.00 8,860.00$ $ 4,300.00 8,600.00$ $ 5,900.00 11,800.00$ $ 5,500.00 11,000.00$ $ 4,860.00 9,720.00$ $ 7,120.00 14,240.00$ $ 6,575.00 13,150.00$ $ 4,225.00 8,450.00$
26 Environmental Nutrient Separating Baffle Box (S-05)EA 1 $ 126,000.00 126,000.00$ $ 70,000.00 70,000.00$ $ 90,000.00 90,000.00$ $ 100,000.00 100,000.00$ $ 200,000.00 200,000.00$ $ 135,000.00 135,000.00$ $ 73,850.00 73,850.00$ $ 107,250.00 107,250.00$
27 No. 57 Crushed Stone Bedding Material CY 305 $ 59.00 17,995.00$ $ 100.00 30,500.00$ $ 80.00 24,400.00$ $ 45.00 13,725.00$ $ 20.00 6,100.00$ $ 60.00 18,300.00$ $ 30.00 9,150.00$ $ 34.00 10,370.00$
28
Plugging & Abandon In-Place 12", 18", & 24" Storm Pipe
including Grouting Structures as shown on plans
CY 210
$ 145.00 30,450.00$ $ 200.00 42,000.00$ $ 205.00 43,050.00$ $ 240.00 50,400.00$ $ 10.00 2,100.00$ $ 350.00 73,500.00$ $ 145.00 30,450.00$ $ 195.00 40,950.00$
29 8" Underdrain, including 2 cleanouts LF 205 $ 48.00 9,840.00$ $ 45.00 9,225.00$ $ 40.00 8,200.00$ $ 50.00 10,250.00$ $ 5.15 1,055.75$ $ 32.00 6,560.00$ $ 37.00 7,585.00$ $ 46.00 9,430.00$
30
Erosion & Sedimentation Protection (Silt Fence, Floating
Turbidity Barrier, Inlet Protection)LS 1 $ 6,510.00 6,510.00$ $ 10,000.00 10,000.00$ $ 50,000.00 50,000.00$ $ 12,000.00 12,000.00$ $ 60,000.00 60,000.00$ $ 8,500.00 8,500.00$ $ 17,925.00 17,925.00$ $ 9,200.00 9,200.00$
31 Tree Barricade LS 1 $ 2,760.00 2,760.00$ $ 4,000.00 4,000.00$ $ 20,000.00 20,000.00$ $ 2,500.00 2,500.00$ $ 2,000.00 2,000.00$ $ 10,000.00 10,000.00$ $ 2,800.00 2,800.00$ $ 5,760.00 5,760.00$
32 Tree Removal EA 1 $ 1,660.00 1,660.00$ $ 1,000.00 1,000.00$ $ 900.00 900.00$ $ 1,000.00 1,000.00$ $ 250.00 250.00$ $ 3,400.00 3,400.00$ $ 1,000.00 1,000.00$ $ 3,185.00 3,185.00$
33 Palm Tree Removal EA 4 $ 829.00 3,316.00$ $ 175.00 700.00$ $ 600.00 2,400.00$ $ 900.00 3,600.00$ $ 250.00 1,000.00$ $ 800.00 3,200.00$ $ 700.00 2,800.00$ $ 1,000.00 4,000.00$
34 Root Pruning per plan LS 1 $ 5,520.00 5,520.00$ $ 5,000.00 5,000.00$ $ 1,000.00 1,000.00$ $ 2,500.00 2,500.00$ $ 25,000.00 25,000.00$ $ 15,000.00 15,000.00$ $ 5,600.00 5,600.00$ $ 3,585.00 3,585.00$
35 Sodding - Grassing SF 20750 $ 0.70 14,525.00$ $ 4.00 83,000.00$ $ 1.00 20,750.00$ $ 2.00 41,500.00$ $ 2.00 41,500.00$ $ 0.85 17,637.50$ $ 0.47 9,752.50$ $ 0.80 16,600.00$
36 4" Concrete Sidewalk SF 925 $ 5.00 4,625.00$ $ 35.00 32,375.00$ $ 7.00 6,475.00$ $ 4.50 4,162.50$ $ 3.50 3,237.50$ $ 5.00 4,625.00$ $ 5.10 4,717.50$ $ 3.75 3,468.75$
37 Remove and Relocate Mailboxes (In-Kind)EA 27 $ 108.00 2,916.00$ $ 125.00 3,375.00$ $ 200.00 5,400.00$ $ 150.00 4,050.00$ $ 50.00 1,350.00$ $ 200.00 5,400.00$ $ 110.00 2,970.00$ $ 60.00 1,620.00$
38 Project Signs EA 2 $ 939.00 1,878.00$ $ 1,500.00 3,000.00$ $ 1,500.00 3,000.00$ $ 750.00 1,500.00$ $ 500.00 1,000.00$ $ 1,000.00 2,000.00$ $ 730.00 1,460.00$ $ 1,380.00 2,760.00$
39 8" Roadway Base LBR 100 (Storm)SY 3165 $ 46.00 145,590.00$ $ 22.50 71,212.50$ $ 13.00 41,145.00$ $ 46.00 145,590.00$ $ 36.45 115,364.25$ $ 16.00 50,640.00$ $ 13.60 43,044.00$ $ 19.65 62,192.25$
40 8" Roadway Base LBR 100 (Sanitary)SY 1750 $ 55.00 96,250.00$ $ 22.50 39,375.00$ $ 16.00 28,000.00$ $ 46.00 80,500.00$ $ 36.45 63,787.50$ $ 16.00 28,000.00$ $ 13.60 23,800.00$ $ 23.40 40,950.00$
41 1 1/2" Asphaltic Concrete Structural Course Type S-1 SY 8250 $ 9.00 74,250.00$ $ 14.00 115,500.00$ $ 9.00 74,250.00$ $ 7.30 60,225.00$ $ 15.86 130,845.00$ $ 15.00 123,750.00$ $ 8.45 69,712.50$ $ 9.30 76,725.00$
42 2" Asphaltic Concrete Structural Course Type S-1 SY 1100 $ 23.00 25,300.00$ $ 14.00 15,400.00$ $ 14.00 15,400.00$ $ 23.00 25,300.00$ $ 42.53 46,783.00$ $ 35.00 38,500.00$ $ 20.35 22,385.00$ $ 13.50 14,850.00$
43 1 1/2" Milling SY 8250 $ 3.00 24,750.00$ $ 4.50 37,125.00$ $ 5.00 41,250.00$ $ 2.45 20,212.50$ $ 4.56 37,620.00$ $ 5.00 41,250.00$ $ 1.40 11,550.00$ $ 3.20 26,400.00$
44 Reconstruct Type 1 Concrete Curb LF 547 $ 30.00 16,410.00$ $ 26.00 14,222.00$ $ 30.00 16,410.00$ $ 41.00 22,427.00$ $ 15.00 8,205.00$ $ 21.00 11,487.00$ $ 19.95 10,912.65$ $ 27.00 14,769.00$
45 4" Reclaimed Watermain (includes 21 LF pipe, dewatering)LS 1 $ 1,270.00 1,270.00$ $ 1,900.00 1,900.00$ $ 4,000.00 4,000.00$ $ 3,000.00 3,000.00$ $ 15,000.00 15,000.00$ $ 7,800.00 7,800.00$ $ 3,125.00 3,125.00$ $ 3,550.00 3,550.00$
46 Highland Ave Temporary and Permanent Pavement Markings LS 1 $ 9,460.00 9,460.00$ $ 5,000.00 5,000.00$ $ 10,000.00 10,000.00$ $ 10,000.00 10,000.00$ $ 5,000.00 5,000.00$ $ 3,000.00 3,000.00$ $ 9,600.00 9,600.00$ $ 1,540.00 1,540.00$
47 Speed Hump EA 1 $ 2,210.00 2,210.00$ $ 1,800.00 1,800.00$ $ 3,000.00 3,000.00$ $ 5,000.00 5,000.00$ $ 2,500.00 2,500.00$ $ 3,100.00 3,100.00$ $ 2,525.00 2,525.00$ $ 4,480.00 4,480.00$
Smallwood Circle Subtotal 2,094,760.00$ 1,583,953.50$ 1,612,150.00$ 1,593,365.00$ 1,679,821.98$ 1,688,493.88$ 1,175,773.15$ 1,340,539.00$
48 Smallwood Circle 10% Contingency LS 1 $ 209,476.00 209,476.00$ 158,395.35$ 161,215.00$ $ 159,336.50 159,336.50$ $ 167,982.20 167,982.20$ 168,849.39$ $ 117,577.32 117,577.32$ $ 134,053.90 134,053.90$
Smallwood Circle Total 2,304,236.00$ 1,742,348.85$ 1,773,365.00$ 1,752,701.50$ 1,847,804.18$ 1,857,343.27$ 1,293,350.47$ 1,474,592.90$
ROWLAND, INC.
6855 102ND AVENUE NORTH
PINELLAS PARK, FL 33782
STEVE'S EXCAVATING &
PAVING, INC.
1741 N. KEENE ROAD
CLEARWATER, FL 33755
GIBBS & REGISTER, INC.
232 S. DILLARD ST.
WINTER GARDENS, FL 34787
METRO EQUIPMENT
9415 SW 72ND STREET
SUITE 131
MIAMI, FL 33173
KAMMINGA & ROODVOETS,
INC.
5219 CONE ROAD
TAMPA, FL 33610
AJAX PAVING, INC.
510 GENE GREEN ROAD
NOKOMIS, FL 34275
DAVID NELSON
CONSTRUCTION CO.
3483 ALTERNATE 19
PALM HARBOR, FL 34683
MTM CONTRACTORS, INC.
6550 53RD STREET NORTH
PINELLAS PARK, FL 33781
SMALLWOOD CIRCLE DRAINAGE IMPROVEMENTS 11-0057-EN (PROJECT A) & PROJECT B: EDGEWOOD AVENUE SANITARY SEWER IMPROVEMENTS 10-0027-UT (PROJECT B)
BID OPENING -THURSDAY, OCTOBER 3, 2013 AT 1:30 P.M. AWARD - THURSDAY, NOVEMBER 7, 2013
Attachment number 1 \nPage 1 of 2
Item # 16
BID ITEM
#ITEM DESCRIPTION UNIT QTY UNIT PRICE
EXTENDED
PRICE UNIT PRICE
EXTENDED
PRICE UNIT PRICE
EXTENDED
PRICE UNIT PRICE
EXTENDED
PRICE UNIT PRICE
EXTENDED
PRICE UNIT PRICE
EXTENDED
PRICE UNIT PRICE
EXTENDED
PRICE UNIT PRICE
EXTENDED
PRICE
ROWLAND, INC.
6855 102ND AVENUE NORTH
PINELLAS PARK, FL 33782
STEVE'S EXCAVATING &
PAVING, INC.
1741 N. KEENE ROAD
CLEARWATER, FL 33755
GIBBS & REGISTER, INC.
232 S. DILLARD ST.
WINTER GARDENS, FL 34787
METRO EQUIPMENT
9415 SW 72ND STREET
SUITE 131
MIAMI, FL 33173
KAMMINGA & ROODVOETS,
INC.
5219 CONE ROAD
TAMPA, FL 33610
AJAX PAVING, INC.
510 GENE GREEN ROAD
NOKOMIS, FL 34275
DAVID NELSON
CONSTRUCTION CO.
3483 ALTERNATE 19
PALM HARBOR, FL 34683
MTM CONTRACTORS, INC.
6550 53RD STREET NORTH
PINELLAS PARK, FL 33781
SMALLWOOD CIRCLE DRAINAGE IMPROVEMENTS 11-0057-EN (PROJECT A) & PROJECT B: EDGEWOOD AVENUE SANITARY SEWER IMPROVEMENTS 10-0027-UT (PROJECT B)
BID OPENING -THURSDAY, OCTOBER 3, 2013 AT 1:30 P.M. AWARD - THURSDAY, NOVEMBER 7, 2013
EDGEWOOD AVENUE SANITARY SEWER
101 Mobilization 5% Maximum of Edgewood Ave Sanitary
Sewer
LS 1
$ 51,460.00 51,460.00$ $ 49,000.00 49,000.00$ $ 70,000.00 70,000.00$ $ 71,000.00 71,000.00$ $ 85,000.00 85,000.00$ $ 69,000.00 69,000.00$ $ 44,225.00 44,225.00$ $ 53,000.00 53,000.00$
102 Maintenance of Traffic 3% Maximum of Edgewood Ave
Sanitary Sewer
LS 1
$ 30,874.00 30,874.00$ $ 29,000.00 29,000.00$ $ 40,000.00 40,000.00$ $ 40,000.00 40,000.00$ $ 50,000.00 50,000.00$ $ 41,000.00 41,000.00$ $ 21,800.00 21,800.00$ $ 9,250.00 9,250.00$
103 Furnish and Install 8" PVC SDR-35 Gravity Sewer Pipe LF 30 $ 48.00 1,440.00$ $ 80.00 2,400.00$ $ 160.00 4,800.00$ $ 135.00 4,050.00$ $ 50.00 1,500.00$ $ 93.00 2,790.00$ $ 160.50 4,815.00$ $ 85.00 2,550.00$
104 Furnish and Install 10" PVC SDR-26 Gravity Sewer Pipe LF 20 $ 65.00 1,300.00$ $ 105.00 2,100.00$ $ 235.00 4,700.00$ $ 155.00 3,100.00$ $ 151.88 3,037.60$ $ 106.75 2,135.00$ $ 93.25 1,865.00$ $ 87.00 1,740.00$
105 Furnish and Install 10" PVC SDR-35 Gravity Sewer Pipe LF 1210 $ 65.00 78,650.00$ $ 55.00 66,550.00$ $ 95.00 114,950.00$ $ 170.00 205,700.00$ $ 145.80 176,418.00$ $ 97.00 117,370.00$ $ 90.00 108,900.00$ $ 80.00 96,800.00$
106 Furnish and Install 12" PVC SDR-26 Gravity Sewer Pipe LF 1430 $ 97.00 138,710.00$ $ 125.00 178,750.00$ $ 165.00 235,950.00$ $ 270.00 386,100.00$ $ 176.18 251,937.40$ $ 103.00 147,290.00$ $ 121.25 173,387.50$ $ 84.00 120,120.00$
107 Furnish and Install 12" PVC SDR-35 Gravity Sewer Pipe LF 650 $ 98.00 63,700.00$ $ 60.00 39,000.00$ $ 110.00 71,500.00$ $ 185.00 120,250.00$ $ 170.10 110,565.00$ $ 107.00 69,550.00$ $ 121.75 79,137.50$ $ 81.00 52,650.00$
108 Furnish and Install 15" PVC SDR-35 Gravity Sewer Pipe LF 270 $ 79.00 21,330.00$ $ 80.00 21,600.00$ $ 120.00 32,400.00$ $ 340.00 91,800.00$ $ 273.38 73,812.60$ $ 112.25 30,307.50$ $ 173.00 46,710.00$ $ 255.00 68,850.00$
109 Furnish and Install 8" DIP Gravity Sewer Pipe LF 30 $ 89.00 2,670.00$ $ 115.00 3,450.00$ $ 195.00 5,850.00$ $ 160.00 4,800.00$ $ 212.63 6,378.90$ $ 99.00 2,970.00$ $ 231.50 6,945.00$ $ 180.00 5,400.00$
110 Furnish and Install 12" DIP Gravity Sewer Pipe LF 20 $ 150.00 3,000.00$ $ 180.00 3,600.00$ $ 205.00 4,100.00$ $ 290.00 5,800.00$ $ 243.00 4,860.00$ $ 128.00 2,560.00$ $ 259.50 5,190.00$ $ 280.00 5,600.00$
111 Furnish and Install 6" C-900 PVC Force Main LS 1 $ 2,850.00 2,850.00$ $ 3,500.00 3,500.00$ $ 10,000.00 10,000.00$ $ 5,000.00 5,000.00$ $ 12,150.00 12,150.00$ $ 2,500.00 2,500.00$ $ 8,600.00 8,600.00$ $ 2,680.00 2,680.00$
112 Furnish and Install Precast Sanitary Manhole 4’-8’ Depth EA 7 $ 4,300.00 30,100.00$ $ 4,900.00 34,300.00$ $ 6,000.00 42,000.00$ $ 6,000.00 42,000.00$ $ 4,252.50 29,767.50$ $ 5,800.00 40,600.00$ $ 5,050.00 35,350.00$ $ 7,340.00 51,380.00$
113 Furnish and Install Precast Sanitary Manhole 8’-12’ Depth EA 8 $ 6,500.00 52,000.00$ $ 5,950.00 47,600.00$ $ 10,000.00 80,000.00$ $ 7,000.00 56,000.00$ $ 6,075.00 48,600.00$ $ 7,900.00 63,200.00$ $ 6,875.00 55,000.00$ $ 10,285.00 82,280.00$
114 Furnish and Install Precast Sanitary Manhole 12’ and greater EA 7 $ 11,000.00 77,000.00$ $ 7,000.00 49,000.00$ $ 12,500.00 87,500.00$ $ 9,000.00 63,000.00$ $ 12,150.00 85,050.00$ $ 14,360.00 100,520.00$ $ 8,575.00 60,025.00$ $ 14,180.00 99,260.00$
115 Connection to Existing Sanitary Manhole or Storm Structure EA 8 $ 421.00 3,368.00$ $ 8,500.00 68,000.00$ $ 1,800.00 14,400.00$ $ 3,500.00 28,000.00$ $ 500.00 4,000.00$ $ 2,800.00 22,400.00$ $ 920.00 7,360.00$ $ 2,800.00 22,400.00$
116 Furnish and Install Sewer Street Lateral EA 21 $ 250.00 5,250.00$ $ 1,600.00 33,600.00$ $ 5,000.00 105,000.00$ $ 1,200.00 25,200.00$ $ 2,000.00 42,000.00$ $ 2,500.00 52,500.00$ $ 1,825.00 38,325.00$ $ 1,825.00 38,325.00$
117 Furnish and Install Flowable Fill CYD 16 $ 131.00 2,096.00$ $ 300.00 4,800.00$ $ 250.00 4,000.00$ $ 220.00 3,520.00$ $ 50.00 800.00$ $ 350.00 5,600.00$ $ 180.00 2,880.00$ $ 200.00 3,200.00$
118 Remove and Replace Unsuitable Material w/ Select Fill CYD 5110 $ 47.00 240,170.00$ $ 28.00 143,080.00$ $ 35.00 178,850.00$ $ 20.00 102,200.00$ $ 20.00 102,200.00$ $ 40.00 204,400.00$ $ 17.50 89,425.00$ $ 18.50 94,535.00$
119 Import of Crushed Stone CYD 80 $ 56.00 4,480.00$ $ 100.00 8,000.00$ $ 75.00 6,000.00$ $ 45.00 3,600.00$ $ 18.00 1,440.00$ $ 60.00 4,800.00$ $ 44.00 3,520.00$ $ 32.00 2,560.00$
120 Mill and Resurface Asphalt SY 3900 $ 26.00 101,400.00$ $ 18.50 72,150.00$ $ 19.00 74,100.00$ $ 9.74 37,986.00$ $ 20.41 79,599.00$ $ 36.00 140,400.00$ $ 11.90 46,410.00$ $ 3.10 12,090.00$
121 Concrete Curb, Gutter, Sidewalk and Driveway CYD 50 $ 687.00 34,350.00$ $ 300.00 15,000.00$ $ 550.00 27,500.00$ $ 500.00 25,000.00$ $ 270.00 13,500.00$ $ 450.00 22,500.00$ $ 460.00 23,000.00$ $ 400.00 20,000.00$
122 Root Pruning LF 1700 $ 19.00 32,300.00$ $ 8.00 13,600.00$ $ 2.00 3,400.00$ $ 5.00 8,500.00$ $ 4.00 6,800.00$ $ 45.00 76,500.00$ $ 10.00 17,000.00$ $ 11.00 18,700.00$
123 Tree Removal EA 58 $ 829.00 48,082.00$ $ 450.00 26,100.00$ $ 350.00 20,300.00$ $ 1,000.00 58,000.00$ $ 250.00 14,500.00$ $ 1,500.00 87,000.00$ $ 710.00 41,180.00$ $ 800.00 46,400.00$
124 Replace Damaged Water Main Service Laterals EA 10 $ 520.00 5,200.00$ $ 600.00 6,000.00$ $ 700.00 7,000.00$ $ 300.00 3,000.00$ $ 1,000.00 10,000.00$ $ 500.00 5,000.00$ $ 300.00 3,000.00$ $ 1,140.00 11,400.00$
125
Existing Sanitary Sewer Structure/Piping Demolition and
Abandonment
LS 1
$ 150,000.00 150,000.00$ $ 95,000.00 95,000.00$ $ 100,000.00 100,000.00$ $ 50,000.00 50,000.00$ $ 100,000.00 100,000.00$ $ 30,000.00 30,000.00$ $ 22,900.00 22,900.00$ $ 171,482.26 171,482.26$
126
Existing Storm Sewer Piping/Structure Demolition and
Abandonment
LS 1
$ 10,000.00 10,000.00$ $ 5,000.00 5,000.00$ $ 100,000.00 100,000.00$ $ 5,000.00 5,000.00$ $ 250,000.00 250,000.00$ $ 15,000.00 15,000.00$ $ 3,440.00 3,440.00$ $ 49,440.00 49,440.00$
127 Furnish and Install 12” by 18” ERCP Storm Sewer Pipe LF 35 $ 58.00 2,030.00$ $ 50.00 1,750.00$ $ 70.00 2,450.00$ $ 200.00 7,000.00$ $ 250.00 8,750.00$ $ 85.00 2,975.00$ $ 81.00 2,835.00$ $ 90.00 3,150.00$
128 Furnish and Install Precast Storm Sewer Structures/Inlets EA 1 $ 3,890.00 3,890.00$ $ 5,000.00 5,000.00$ $ 3,000.00 3,000.00$ $ 5,000.00 5,000.00$ $ 4,500.00 4,500.00$ $ 5,760.00 5,760.00$ $ 2,950.00 2,950.00$ $ 6,600.00 6,600.00$
Edgewood Subtotal 1,197,700.00$ 1,026,930.00$ 1,449,750.00$ 1,460,606.00$ 1,577,166.00$ 1,366,627.50$ 956,175.00$ 1,151,842.26$
129 Edgewood 10% Contingency LS 1 $ 119,770.00 119,770.00$ 102,693.00$ 144,975.00$ $ 146,060.60 146,060.60$ 157,716.60$ 136,662.75$ $ 95,617.50 95,617.50$ $ 115,184.22 115,184.22$
Total Edgewood 1,317,470.00$ 1,129,623.00$ 1,594,725.00$ 1,606,666.60$ 1,734,882.60$ 1,503,290.25$ 1,051,792.50$ 1,267,026.48$
Subtotal
(Smallwood Subtotal + Edgewood Subtotal)3,292,460.00$ 2,610,883.50$ 3,061,900.00$ 3,053,971.00$ 3,256,987.98$ 3,055,121.38$ 2,131,948.15$ 2,492,381.26$
Total Contingency
(Smallwood Contingency + Edgewood Contingency)329,246.00$ 261,088.35$ 306,190.00$ 305,397.10$ 325,698.80$ 305,512.14$ 213,194.82$ 249,238.12$
Total Contract
(Smallwood Total + Edgewood Total)3,621,706.00$ 2,871,971.85$ 3,368,090.00$ 3,359,368.10$ 3,582,686.78$ 3,360,633.52$ 2,345,142.97$ 2,741,619.38$
Grand Total 3,621,706.00$ 2,871,971.85$ 3,368,090.00$ 3,359,368.10$ 3,582,686.78$ 3,360,633.52$ 2,345,142.97$ 2,741,619.38$
Cells that are highlighted in light grey denote mathematical corrections to bidder's proposal.
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SUPPLEMENTAL
for the CITY OF CLEARWATER
Date:
Project Number:
City Project Number:
1. PROJECT TITLE:
Edgewood Avenue Sanitary Sewer System Improvements
Construction
2. SCOPE OF SERVICES:
In December 2012 the City authorized King Engineering Associates, Inc. (King) to provide design
and permitting for the construction of a new sanitary sewer trunk line
Estates development in order to alle
existing sewer system. The new gravity sewer line is to be constructed under the same contract
as the Smallwood Drainage Improvements Project.
Under this Work Order, the City authorizes King to p
construction for the sanitary sewer
Task 1: Construction Management Services
King will provide construction management during an assumed
contract period, which includes:
1.1 Attendance at the preconstruction meeting by King’s Project Manager
Engineer. It is assumed that
others and that King will review and provide comments on the draft minu
1.2 Logging, distributing, reviewing and responding to the Contractor’s
submittals including construction progress schedules and approximately
Drawings and other miscellaneous submittals. Of these submit
to 10 will require a second review. The contract requires that the Contractor reimburse
the Engineer for each 3rd and more review.
submit his Shop Drawings electronically.
provided in Attachment C.
1.3 Reviewing the Contractor’s initial schedule and monthly schedule updates.
1 of 8
SUPPLEMENTAL WORK ORDER INITIATION FORM
for the CITY OF CLEARWATER
October 8, 2013
mber: 2110-204-001
City Project Number: 10-0027-UT
Sanitary Sewer System Improvements Engineering Services During
SCOPE OF SERVICES:
the City authorized King Engineering Associates, Inc. (King) to provide design
construction of a new sanitary sewer trunk line through the Glenwood
Estates development in order to alleviate issues associated with flat or negative slopes in the
existing sewer system. The new gravity sewer line is to be constructed under the same contract
as the Smallwood Drainage Improvements Project.
Under this Work Order, the City authorizes King to provide engineering services
the sanitary sewer portion of the construction contract.
Task 1: Construction Management Services
King will provide construction management during an assumed eleven (11) month construction
period, which includes:
Attendance at the preconstruction meeting by King’s Project Manager
It is assumed that the meeting agenda and minutes will be prepared by
others and that King will review and provide comments on the draft minu
Logging, distributing, reviewing and responding to the Contractor’s
submittals including construction progress schedules and approximately
Drawings and other miscellaneous submittals. Of these submittals, it is assumed that up
0 will require a second review. The contract requires that the Contractor reimburse
the Engineer for each 3rd and more review. It is assumed that the Contractor will
submit his Shop Drawings electronically. A preliminary list of anticipated submitta
provided in Attachment C.
Reviewing the Contractor’s initial schedule and monthly schedule updates.
FORM
Engineering Services During
the City authorized King Engineering Associates, Inc. (King) to provide design
through the Glenwood
viate issues associated with flat or negative slopes in the
existing sewer system. The new gravity sewer line is to be constructed under the same contract
engineering services during
) month construction
Attendance at the preconstruction meeting by King’s Project Manager and Project
minutes will be prepared by
others and that King will review and provide comments on the draft minutes.
Logging, distributing, reviewing and responding to the Contractor’s sanitary sewer
submittals including construction progress schedules and approximately 25 Shop
tals, it is assumed that up
0 will require a second review. The contract requires that the Contractor reimburse
It is assumed that the Contractor will
A preliminary list of anticipated submittals is
Reviewing the Contractor’s initial schedule and monthly schedule updates.
Attachment number 3 \nPage 1 of 8
Item # 16
2 of 8
1.4 Attendance at up to 10 construction progress meetings and site visits by King’s Project
Engineer. King’s Project Manager will attend 5 of those meetings. It is assumed that the
meeting agenda and minutes will be prepared by others and that King will review and
provide comments on the draft minutes.
1.5 Five (5) additional periodic site visits by King’s Project Engineer to observe the progress
of the work or to assist with conflict resolution. This effort will be coordinated with the
City Project Manager.
1.6 Responding to the Contractor’s Requests for Information (RFIs). For the purposes of this
Work Order, a total of 20 RFIs is assumed. Logging and processing of the RFIs will be by
others.
1.7 Assisting the City with developing Requests for Proposal (RFPs) to the Contractor for
additional work, reviewing and negotiating pricing and issuing Work Change Directives
(WCDs) or Change Orders to authorize the Contractor to proceed with additional work.
This includes development of supplemental sketches. For the purposes of this Work
Order, a total of 5 RFPs and WCDs or Change Orders is assumed.
1.8 Reviewing and logging the gravity sewer compaction and materials test reports.
1.9 The sewer system will be placed into service in sections. Based on its layout and the,
the system can be broken into 3 sections. For each section, King will:
· Attend a walkthrough;
· Develop a partial punchlist;
· Review the Contractor’s survey As-Builts and televising records;
· Review the City Inspector’s mandrel and exfiltration test reports.
· Prepare Record Drawings based on redlines and survey As-Builts provided by the
Contractor;
· Prepare and submit wastewater certification packages to the FDEP.
1.10 Attend a walkthrough and develop and submit a certification package for the Pinellas
County Right-of-Way Use permit.
1.11 Providing assistance with final closeout including:
· Attending a final walkthrough for the sewer system and confirming that all punchlist
items have been completed;
· Providing the City with signed and sealed Record Drawings for the sewer system;
· Providing the City with Record Drawings in PDF and AutoCAD formats;
1.12 Providing general Program Management including:
· On a routine basis, reviewing project status and ongoing issues, prioritizing efforts
and scheduling and assigning personnel and other necessary resources. Includes
miscellaneous conference calls, emails and discussions necessary to coordinate, plan
and manage the efforts of the Engineer’s staff.
· Maintaining routine contact and discussing construction progress and project
developments with the City’s inspector;
· Miscellaneous phone calls and emails and coordination with the City’s Project
Manager and other City staff, including assisting the City’s Project Manager with
Attachment number 3 \nPage 2 of 8
Item # 16
3 of 8
miscellaneous minor project related questions and general consultation with
respect to the Contractor’s contractual obligations;
· Miscellaneous phone calls and emails with the Contractor’s staff required to
respond to minor questions not requiring formal RFIs;
· Reviewing the City Inspector’s Daily Reports;
· Document control including maintaining files of correspondence, meeting minutes,
Contract Documents, Change Orders, Field Orders, RFIs, Work Change Directives,
Addenda, additional Drawings issued subsequent to the execution of the Contract,
progress reports, Shop Drawing and Sample submittals, regulatory correspondence
and other Project-related documents.
1.13 Additional Services
· Prepare for and attend a public meeting.
· Provide additional coordination and attend additional meetings with the
stormwater design consultant and the City to coordinate specifications and bidding.
· Conform the sewer Bid Documents to include changes made by Addendum.
Task 2: Contingencies
2.1 Additional Services
King will provide additional services on an “as-needed basis”, such as additional field
observation services due to the Contractor working extended hours, at the request of
the City, after development of a scope and fee and issuance of written authorization by
the City’s project representative and Owner Department.
3. PROJECT GOALS:
Project deliverables will include the following:
· Responses to Contractor RFI’s in PDF format via email.
· Shop Drawing Review comments.
· One copy of each submitted certification package.
· Three (3) 24”x36” signed/seal final Record Drawings.
· Two (2) 11”x17” signed/seal final Record Drawings.
· Record Drawings in AutoCAD and PDF formats on CDROM.
4. BUDGET:
See Attachment “B”. This price includes all labor and expenses anticipated to be incurred by
King Engineering for the completion of these tasks in accordance with Professional Services
Method “B” – Lump Sum not to exceed Fifty Two Thousand One Hundred Fifty Two Dollars
($52,152).
Attachment number 3 \nPage 3 of 8
Item # 16
4 of 8
Neither permits nor application fees are anticipated for the project.
5. SCHEDULE:
Tasks 1 through 3 will be completed in accordance with the Contractor’s construction schedule over
the course of 330 day construction contract duration.
6. STAFF ASSIGNMENT (ENGINEER):
Principal: Christopher F. Kuzler, P.E.
Project Engineer: Phillip Walker, E.I.
7. CORRESPONDENCE/REPORTING PROCEDURES:
ENGINEER’s project correspondence shall be directed to Christopher F. Kuzler, P.E. All City project
correspondence shall be directed to Kelly O’Brien, P.E., with copies to others as may be
appropriate.
8. INVOICING/FUNDING PROCEDURES:
Invoices shall be submitted monthly to the City of Clearwater Engineering, Attn: Veronica Josef,
Senior Staff Assistant, PO Box 4748, Clearwater, Florida 33758-4748, for work performed.
Contingency services will be billed as incurred after written authorization provided by the City to
proceed with those services.
City Invoicing Code: 0327-96665-561300-535-000-0000
9. INVOICING PROCEEDURES
At a minimum, in addition to the invoice amount(s) the following information shall be provided on
all invoices submitted on the Work Order:
A. Purchase Order Number and Contract Amount.
B. The time period (begin and end date) covered by the invoice.
C. A short narrative summary of activities completed in the time period
D. Contract billing method – Lump Sum or Cost Times Multiplier
E. If Lump Sum, the percent completion, amount due, previous amount earned and total earned
to date for all tasks (direct costs, if any, shall be included in lump sum amount).
F. If Cost Times Multiplier, hours, hourly rates, names of individuals being billed, amount due,
previous amount earned, total earned to date for each task and other direct costs (receipts will
be required for any single item with a cost of $50 or greater or cumulative monthly expenses
greater than $100).
G. If the Work Order is funded by multiple funding codes, an itemization of tasks and invoice
amounts by funding code.
Attachment number 3 \nPage 4 of 8
Item # 16
5 of 8
10. SPECIAL CONSIDERATIONS:
· The City will provide a full-time inspector. The inspector will email King copies of daily
reports on a weekly basis as a minimum.
· Pay application review and approval will be handled by others.
· Issues related to the Smallwood Drainage Improvements Project will be handled by others.
PREPARED BY: APPROVED BY:
___________________________ ________________________
Christopher F. Kuzler, P.E. Michael D. Quillen, P.E.
Sr. Vice President City Engineer
King Engineering Associates, Inc. City of Clearwater
___________________________ ________________________
Date Date
Attachment number 3 \nPage 5 of 8
Item # 16
Attachment “A”
6 of 8
CITY OF CLEARWATER
ENGINEERING DEPARTMENT
WORK ORDER INITIATION FORM
CITY DELIVERABLES
1. FORMAT
The design plans shall be compiled utilizing the following methods:
1. City of Clearwater CAD standards.
2. Datum: Horizontal and Vertical datum shall be referenced to North American Vertical
Datum of 1988 (vertical) and North American Datum of 1983/90 (horizontal). The unit of
measurement shall be the United States Foot. Any deviation from this datum will not be
accepted unless reviewed by City of Clearwater Engineering/Geographic Technology
Division.
2. DELIVERABLES
The design plans shall be produced on bond material, 24" x 36" at a scale of 1" = 20’ unless
approved otherwise. Upon completion the consultant shall deliver all drawing files in digital
format with all project data in Autodesk Civil 3D file format. If not available Land Desktop files
are still acceptable, however the City or Clearwater is currently phasing out Land Desktop.
NOTE: If approved deviation from Clearwater CAD standards are used the Consultant shall
include all necessary information to aid in manipulating the drawings including either PCP, CTB
file or pen schedule for plotting. The drawing file shall include only authorized fonts, shapes, line
types or other attributes contained in the standard AutoDesk, Inc. release. All block references
and references contained within the drawing file shall be included. Please address any
questions regarding format to Mr. Tom Mahony, at (727) 562 4762 or email address
Tom.Mahony@myClearwater.com.
All electronic files (CAD and Specification files) must be delivered upon completion of project or
with 100% plan submittal to City of Clearwater.
Attachment number 3 \nPage 6 of 8
Item # 16
Attachment “B”
Edgewood Avenue
Improvements Engineering Services During
WORK ORDER
PROJECT BUDGET
Task Description
1.0 Construction Management Services
1.1 Pre-construction Meeting
1.2 Submittals
1.3 Construction Schedules
1.4 Progress Meetings
1.5 Periodic Site Visits
1.6 Request for Information (RFI)
1.7 RFP/WCD/Change Orders
1.9 Test Reports
1.10 FDEP Certifications for Sanitary Sewer
1.11 Other Certifications
1.12 Closeout Assistance
1.13 Program Management
1.14 Additional Services
2.0 Contingency Services
7 of 8
Edgewood Avenue Sanitary Sewer System
Improvements Engineering Services During
Construction
WORK ORDER INITIATION FORM
PROJECT BUDGET
Description Subconsultant
Services Labor
Construction Management Services
construction Meeting $921
$8,679
Construction Schedules $2,063
$7,899
$1,520
Request for Information (RFI) $2,036
RFP/WCD/Change Orders $2,845
$1,348
FDEP Certifications for Sanitary Sewer $7,271
$545
$978
Program Management $8,582
$2,965
Total $47,113
Grand Total:
Sanitary Sewer System
Improvements Engineering Services During
FORM
Total
$921
$8,679
$2,063
$7,899
$1,520
$2,036
$2,845
$1,348
$7,271
$545
$978
$8,582
$2,965
$47,652
$4,500
$52,152
Attachment number 3 \nPage 7 of 8
Item # 16
Attachment “C”
8 of 8
Preliminary List of Submittals
1 List of Emergency Contacts, Hurricane Plan, etc.
2 Construction Phasing Plan
3 Schedule of Values
4 Preconstruction Video
5 Bypass Pumping Plan
6 Maintenance of Traffic (City)
7 Maintenance of Traffic (Pinellas County)
8 Dewatering
9 Sheeting and Shoring
10 Concrete
11 Grout
12 Pinellas County Pavement Base
13 Pinellas County Pavement Asphalt
14 Gravity Sewer Pipe, Fittings and Appurtenances
15 Manholes and Appurtenances
16 Force Main Pipe and Fittings
17 Manhole Internal Drop
18 Water Service Pipe and Appurtenances
Attachment number 3 \nPage 8 of 8
Item # 16
WO Initiation Form.docx 1 of 6 form revised: 7/22/2013
Cumbey & Fair, Inc.
SUPPLEMENTAL WORK ORDER INITIATION FORM
for the CITY OF CLEARWATER
Date: October 14, 2013
Project Number: 046X
City Project Number: 11-0057-EN
1. PROJECT TITLE:
Smallwood Circle Drainage Improvements
2. SCOPE OF SERVICES:
On November 7, 2011, the City entered into a Cooperative Funding Agreement with the
Southwest Florida Water Management District. This project is to perform the Implementation
of Best Management Practices (BMPs) element of the District's Watershed Management
Program (WMP) within the City of Clearwater watershed. Implementation of BMPs includes the
following tasks: design, development of construction documents, construction permitting, land
acquisition, bidding and Contractor selection, construction of the BMPs and construction
engineering and inspection. Cooperative funding budgets were designated for Design,
Construction Inspection, and Construction. The Design task was provided in the original
Smallwood Circle Drainage Improvements scope of services. This Scope of Services pertains
solely to the Construction Inspection tasks.
I. CONSTRUCTION PHASE
Task 1.1- Pre-Construction Meeting
Conduct pre-construction conference with the selected Contractor and City staff to review
project requirements, coordination, and scheduling. Meeting notes will be prepared and
distributed to all attendees and other stakeholders within five business days after the meeting.
Task 1.2 – Submittal Review
Review Contractor submittals including shop drawings and product substitutions for compliance
with the Contract Documents. Reviewed submittals will be distributed to the Contractor and the
City within five business days. A submittal log will be maintained.
Attachment number 4 \nPage 1 of 6
Item # 16
WO Initiation Form.docx 2 of 6 form revised: 7/22/2013
Task 1.3 – Monthly Progress Meetings
Administer monthly progress meetings with the Contractor and the City to review the drainage
project status including work progress, schedule, submittals, change orders, and RFIs. Minutes
of the meeting will be prepared and distributed via e-mail to all attendees and other
stakeholders within five business days.
Task 1.4 – Construction Progress Reviews (for Record Drawing Verification)
Provide observation of the storm drain for a period equivalent to an average of 3 hours per
week over the construction period to review the work relating to the design requirements,
resolve questions or hold field meetings with the Contractor or Utilities, to review the
Contractor’s “As-Built” redlines for the verification of the Record Drawings.
Task 1.5 – Request for Information
Respond to Contractor’s Request for Information (RFI) pertaining to the drainage project.
Maintain a RFI receipt/response log.
Task 1.6 – Change Request Review
Review change requests submitted by the Contractor and make recommendations to the City.
Maintain a log to track change orders and costs.
Task 1.7 – Material Test and Daily Inspection Report Review
Review and log results of material testing and daily inspection reports prepared by the City for
compliance with the Contract Documents. Copies of the testing results will be forwarded to the
City.
Task 1.8 – Substantial and Final Completion
Attend substantial and final walk-through and prepare punch lists for the Contractor to
complete and/or correct items that are required by the Contract Documents.
Task 1.9 – Record Drawings
Review and provide comment on final As-Built Drawings supplied by Contractor and prepare
final Record Drawings. The Contractor shall submit “As-Built” plans signed and sealed by a
surveyor registered in the State of Florida.
Task 1.10 – Certifications
Prepare and submit construction completion certificates to SWFWMD and Army Corps of
Engineers.
Attachment number 4 \nPage 2 of 6
Item # 16
WO Initiation Form.docx 3 of 6 form revised: 7/22/2013
Task 1.11 – Task Allowance
The Task allowance will be used only for unforeseen circumstance as approved by the City of
Clearwater.
Review of pay requests are not included in this scope of services at the request of the City.
3. PROJECT GOALS:
Provide the City with post design engineering services. Deliverables to include 10 copies of
Record Drawings, Completion Certification to SWFWMD and prepare the Self-Certification for
the Nationwide Permit. Each construction phase submittal will include a PDF format of the
deliverable. Plans will be prepared using AutoCad 2008. Meet all Engineer of Record
requirements as stated in the Cooperative Funding Agreement with SWFWMD, Agreement No.
12C0000012, executed 11/7/2011.
4. BUDGET:
This price includes all labor and expenses anticipated to be incurred by Cumbey & Fair, Inc. for
the completion of these tasks in accordance with Professional Services Method “B” – Lump Sum
– Percentage of Completion by Task, for a fee not to exceed fifty-six thousand, six hundred
eighty-eight Dollars and eighty-one cents ($56,688.81).
No permit application fees are anticipated with this phase.
5. SCHEDULE:
Construction is anticipated to commence on or about January 6, 2014 and conclude on or about
December 2, 2014 (330 calendar days).
STAFF ASSIGNMENT (Consultant):
P. J. Shah, P.E. - Principal Officer/Senior VP
Timothy E. Bourne, P.E. - VP/Officer-In-Charge
David M. Pelham, P.E. - Project Manager
Pat McCormack, PLS – Senior Project Surveyor
Mark Quinn, PLS - Sr. Project Surveyor
Kenneth Kokemohr, P.E. - Engineer
Donald Couch - Designer/Construction Observer
David (Chip) Price – Designer
Patrick Beliveau - Construction Observer
Attachment number 4 \nPage 3 of 6
Item # 16
WO Initiation Form.docx 4 of 6 form revised: 7/22/2013
6. CORRESPONDENCE/REPORTING PROCEDURES:
ENGINEER’s project correspondence shall be directed to:
P.J. Shah, P.E.
All City project correspondence shall be directed to:
Jennifer Shannon, P.E. with copies to others as may be appropriate.
7. INVOICING/FUNDING PROCEDURES:
For work performed, invoices shall be submitted monthly to the City of Clearwater, Engineering
Department, Attn.: Veronica Josef, Senior Staff Assistant, PO Box 4748, Clearwater, Florida
33758-4748. Contingency services will be billed as incurred only after written authorization
provided by the City to proceed with those services.
City Invoicing Code: 0315-96178-561200-539-000-0000 Smallwood $54,368.51
0327-96665-561300-535-000-0000 Edgewood $ 2,320.30
8. INVOICING PROCEEDURES
At a minimum, in addition to the invoice amount(s) the following information shall be provided
on all invoices submitted on the Work Order:
A. Purchase Order Number and Contract Amount.
B. The time period (begin and end date) covered by the invoice.
C. A short narrative summary of activities completed in the time period
D. Contract billing method – Lump Sum or Cost Times Multiplier
E. If Lump Sum, the percent completion, amount due, previous amount earned and total
earned to date for all tasks (direct costs, if any, shall be included in lump sum amount).
F. If Cost Times Multiplier, hours, hourly rates, names of individuals being billed, amount due,
previous amount earned, total earned to date for each task and other direct costs (receipts
will be required for any single item with a cost of $50 or greater or cumulative monthly
expenses greater than $100).
G. If the Work Order is funded by multiple funding codes, an itemization of tasks and invoice
amounts by funding code.
9. SPECIAL CONSIDERATIONS:
The consultant named above is required to comply with Section 119.0701, Florida Statutes
(2013) where applicable.
PREPARED BY: APPROVED BY:
________________________ ________________________
P.J. Shah, P.E. Michael D. Quillen, PE
President City Engineer
Cumbey & Fair, Inc. City of Clearwater
___________________ ___________________
Date Date
Attachment number 4 \nPage 4 of 6
Item # 16
Attachment “A”
WO Initiation Form.docx 5 of 6 form revised: 7/22/2013
CITY OF CLEARWATER
ENGINEERING DEPARTMENT
WORK ORDER INITIATION FORM
CITY DELIVERABLES
1. FORMAT
The design plans shall be compiled utilizing the following methods:
1. City of Clearwater CAD standards.
2. Datum: Horizontal and Vertical datum shall be referenced to North American Vertical
Datum of 1988 (vertical) and North American Datum of 1983/90 (horizontal). The unit of
measurement shall be the United States Foot. Any deviation from this datum will not be
accepted unless reviewed by City of Clearwater Engineering/Geographic Technology
Division.
2. DELIVERABLES
The design plans shall be produced on bond material, 24" x 36" at a scale of 1" = 20’ unless
approved otherwise. Upon completion the consultant shall deliver all drawing files in digital
format with all project data in Autodesk Civil 3D file format. If not available Land Desktop files
are still acceptable, however the City or Clearwater is currently phasing out Land Desktop.
NOTE: If approved deviation from Clearwater CAD standards are used the Consultant shall
include all necessary information to aid in manipulating the drawings including either PCP, CTB
file or pen schedule for plotting. The drawing file shall include only authorized fonts, shapes, line
types or other attributes contained in the standard release of Autodesk, Inc. software. All block
references and references contained within the drawing file shall be included. Please address
any questions regarding format to Mr. Tom Mahony, at (727) 562 4762 or email address
Tom.Mahony@myClearwater.com.
All electronic files (CAD and Specification files) must be delivered upon completion of project or
with 100% plan submittal to City of Clearwater.
Attachment number 4 \nPage 5 of 6
Item # 16
Attachment “B”
WO Initiation Form.docx 6 of 6 form revised: 7/22/2013
SMALLWOOD CIRCLE DRAINAGE
IMPROVEMENTS
Cumbey & Fair, Inc.
WORK ORDER INITIATION FORM
PROJECT BUDGET
Task Description Subconsultant
Services Labor Total
1 Construction Phase
1.1 Pre-Construction Meeting $1,284.00
1.2 Submittal Reviews $3,510.00
1.3 Monthly Progress Meetings $11,784.00
1.4 Construction Progress Review $18,318.21
1.5 RFIs $2,580.00
1.6 Change Requests $1,548.00
1.7
Test and Inspection Report
Reviews $4,561.07
1.8 Substantial & Final Completion $3,264.00
1.9 Record Drawings $3,588.00
1.10 Certifications $1,098.00
1.11 Task allowance (10%) $5,153.53
$56,688.81
Subtotal, Labor and Subcontractors $56,688.81
Permit Review Fess $0
Other Direct Costs (prints, photocopies, postage, etc)
(Not applicable to lumps um Work Orders) $0
Grand Total $56,688.81
Attachment number 4 \nPage 6 of 6
Item # 16
PALMETTO ST
N HIGHLAND AVE
LONG ST
LAURA ST
CASLER AVE
RICHARDS AVE
CLARK ST
LEVERN ST
ORANGEVIEW AVE
BAKER AVE
HOBART AVE
ADMIRAL WOODSON LN
HILLCREST DR
PINEBROOK DR
N LAKE DR
WEBB DR
N HIBISCUS ST
HILLTOP AVE
S HIBISCUS ST
N CREST AVE
N KEYSTONE DR
HIBISCUS ST
N HILLCREST AVE
ORANGEWOOD AVE
MACRAE AVE
KARLYN
DR
MARIVA AVE
CASLER CT
MAPLE ST
GROVE ST
N GLENWOOD AVE
WALNUT ST
BONAIR ST
ELMWOOD ST
RIDGEWOOD ST
RIDGEWOOD ST
WOOD DR
FOREST RD
CRESTVIEW ST
EDGEWOOD AVE
PALM TERRACE DR
N SAN REMO AVE
S MALLWOOD C IR
ROSEMERE RD
ROSEMERE RD
MARIVA AVE
PINEWOOD ST
OAKWOOD ST
R O S E W O O D S T
R I C H A R D S C T
LOCATION MAP
²Prepared by:Engineering Departm entGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com MBK XX N.T.S.n/a n/a10/14/2013Map Gen By:Reviewed By:S-T-R:Grid #:Date:Scale:
Docum ent Path: V:\GIS\Engineering\Location Maps\SmallwoodEdgewood\SmallwoodEdgewood.mxd
Smallwood Cir Drainage ImprovementEdgewood Ave Sanitary Sewer Improvement
Attachment number 5 \nPage 1 of 1
Item # 16
City Council Agenda
Council Chambers - City Hall
Meeting Date:11/7/2013
SUBJECT / RECOMMENDATION:
Approve a senior exemption for long-term resident, low-income seniors under the criteria of Amendment 11 approved by the
voters in November 2012 and pass Ordinance 8522-13 on first reading.
SUMMARY:
In addition to the homestead exemption for residential homeowners, the City of Clearwater currently provides an
additional $25,000 senior exemption for qualifying senior residential homeowners. From the 2012 tax roll, the
value of property receiving this exemption is $32,056,116 and the budget impact of lost revenue from this
exemption is approximately $165,000.
Amendment 11, which was approved by the voters in November 2012, gives the City the option to adopt a senior
exemption for long-term resident, low-income seniors. The new exemption exempts 100% of the assessed value
of a senior's homesteaded property if the just value is less than $250,000; the owner is 65; the property has been
the owner's permanent residence for at least 25 years; and the owner's household income is less than the limit
established for the current low-income senior exemption (currently $27,590).
This additional senior exemption of $250,000 must be authorized by a super majority (a majority plus one) vote of
the City Council.
The deadline to establish the Amendment 11 senior exemption is December 1, 2013 for 2014.
Review Approval:
Cover Memo
Item # 17
Ordinance No. 8522-13
ORDINANCE NO. 8522-13
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING CLEARWATER CODE OF
ORDINANCES CHAPTER 29, ARTICLE V, SECTION 29.91
TO CORRECT THE AUTHORIZING STATUTE
REFERENCE; AMENDING CHAPTER 29, ARTICLE V,
SECTION 29.93 TO INCLUDE AN ADDITIONAL
HOMESTEAD EXEMPTION FOR QUALIFIED PERSONS 65
AND OLDER; PROVIDING TERMS AND CONDITIONS OF
ENTITLEMENT; PROVIDING FOR SEVERABILITY; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, on November 6, 2012 Amendment 11 to the State Constitution was
passed, and the implementing statutory legislation under Florida Statutes 196.075(2)
(2013) provided an additional senior exemption, and
WHEREAS, the household income currently provided for by law is $27,550 as
adjusted annually; and
WHEREAS, the City Council desires to implement the additional homestead
exemption for qualifying senior citizens in accordance with 196.075 of the Florida State
Statutes; now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA;
Section 1. That Section 29.91, Clearwater Code of Ordinances, is amended to read as
follows:
Sec. 29.91. Authority.
This section is adopted pursuant to the specific authority of Section 6(d), Article
VII, of the Florida Constitution, and Section 196.075, Florida Statutes.
Section 2. That Section 29.93, Clearwater Code of Ordinances, is amended as follows:
* * * * *
Sec. 29.93 Additional homestead exemption; eligibility; application.
(a) Any person 65 years of age or older who has the legal or equitable title to
real estate located within the city and who maintains thereon his or her
permanent residence, which residence qualifies for and receives
homestead exemption pursuant to F.S. § 196.031, and whose household
Attachment number 1 \nPage 1 of 3
Item # 17
Ordinance No. 8522-13
income does not exceed $20,000.00 or such amount as is adjusted
pursuant to section 29.94 herein, may apply for an additional homestead
as provided below:
(1) Twenty five thousand dollars for any person who has the legal or
equitable title to real estate and maintains thereon the permanent
residence of the owner, who has attained age 65, and whose
household income does not exceed $20,000; or
(2) The amount of the assessed value of the property for any person who
has the legal or equitable title to real estate with a just value less than
$250,000 and has maintained thereon the permanent residence of the
owner for at least 25 years, who has attained age 65, and whose
household income does not exceed the income limitation as provided in
paragraph (1) above.
(b) A taxpayer claiming the additional homestead exemption shall annually
submit to the Property Appraiser the following:
(1) Not later than March 1, a sworn statement of household income on a
form prescribed by the Department of Revenue; and
(2) Not later than June 1, copies of any federal income tax returns for
the prior year, any wage and earnings statements (W -2 forms), and
any other documents that may be required by the Department of
Revenue or the Property Appraiser, for all members of the
household. The taxpayer's statement shall attest to the accuracy of
such copies.
The Property Appraiser may not grant the exemption without the required
documentation.
(c) The additional homestead exemption, if granted, shall be applicable to all
ad valorem taxes levied by the City.
(d) If title to the property is held jointly with right of survivorship, the person
residing on the property and otherwise qualifying for additional homestead
exemption may receive the entire amount of the additional homestead
exemption provided herein.
(e) The additional homestead exemption shall be available to qualified persons
beginning with the 2014 tax year, and annually thereafter to the extent
permitted by law. The city council reserves the right to amend and to repeal
this Article. The household income limitation shall be subject to adjustment
as provided in Section 29.94.
* * * * *
Attachment number 1 \nPage 2 of 3
Item # 17
Ordinance No. 8522-13
Section 3. The City Clerk, shall prior to December 1, 2013, provide a copy of this
Ordinance to the Pinellas County Property Appraiser; and, in the event this Section of the
Code of Ordinances is subsequently repealed or amended, notification of such repeal or
amendment shall be provided to the Pinellas County Property Appraiser no later than
December 1st of the year prior to the year in which the homestead exemption provided
herein expires or is modified.
Section 4. In the event that any portion of this Ordinance is, for any reason, held or
declared to be unconstitutional, inoperative, or void, such holding shall not affect the
remaining portions of this Ordinance. Further, in the event this Ordinance or any
provision hereof shall be held to be inapplicable to any person, property, or circumstance,
such holding shall not affect its applicability to any other persons, property, or
circumstance.
Section 5. That all ordinances or parts thereof that are in conflict with this
Ordinance be and the same are hereby repealed.
Section 6. That this ordinance shall become effective immediately upon final
passage and adoption.
PASSED ON FIRST READING _____________________
PASSED ON SECOND AND FINAL _____________________
READING AND ADOPTED
________________________________
George N. Cretekos
Mayor
Approved as to form: Attest:
______________________________ ________________________________
Pamela K. Akin Rosemarie Call
City Attorney City Clerk
Attachment number 1 \nPage 3 of 3
Item # 17
City Council Agenda
Council Chambers - City Hall
Meeting Date:11/7/2013
SUBJECT / RECOMMENDATION:
Establish enactment authority for economic development ad valorem tax exemption of real and tangible personal property taxes for
certain new businesses and expansions of certain existing businesses in accordance with Florida Statute 196.1995 and pass Ordinance
8436-13 on first reading.
SUMMARY:
This Ordinance provides authority to the City of Clearwater to provide real and personal tangible property tax
exemptions for qualifying new businesses relocating to the City and to existing businesses seeking to expand. In
order to foster economic growth and increase employment, the ordinance includes qualifying criteria and economic
development guidelines to be used in the evaluation of completed applications.
On November 6, 2012, in accordance with F.S. 196.1995, the City of Clearwater put forth to voters the following
ballot question: “Shall the City Council of the City of Clearwater be authorized to grant, pursuant to s.3 Art. VII of the
State Constitution, ad valorem tax exemptions to new businesses and expansions of existing businesses that are
expected to create new, full-time jobs in the City of Clearwater?” Voters approved the referendum with 56.4% of the
vote.
Program Goals
The Economic Development Ad Valorem Tax Exemption Program is intended to attract new private investment and
to encourage capital investment and job growth in the City of Clearwater. The program is a tool for the City to regain
a competitive edge in business attraction and expansion not only in the Tampa Bay region, but also in the State of
Florida and beyond.
Qualifying Criteria
In accordance with the voter-approved referendum, the Economic Development Ad Valorem Tax Exemption
Program includes the following criteria for staff evaluation and Council consideration:
1. 75% annual maximum ad valorem exemption
2. 10-year maximum exemption period
3. $100,000 minimum capital investment (excludes land)
4. Job creation requirement, as required by state law:
a. Manufacturing (10 jobs)
b. Qualified Target Industries (10 jobs)
c. Business with Sales (25 jobs)
i. A business or organization, the sales factor of which is less than 0.50for each year
the exemption is claimed..
d. Office—not in target industries (50 jobs)
5. Average wage requirement:
a. The average wage for new jobs created in the City of Clearwater must be greater than the
average wage for Pinellas County as published by Enterprise Florida, Inc., in the year in
which the applicant files the completed application.
Cover Memo
Item # 18
Approval Process
Each qualifying application for tax exemption must be approved by City Council via ordinance. The process by
which the application is accepted, evaluated and approved includes:
1. Staff review
2. Pinellas County Property Appraiser’s report
3. Recommendation of exemption by staff
4. Business Maintenance and Continued Performance Agreement executed by Applicant
5. Agreement and Ordinance sent to Council for consideration (2 readings)
6. Council may approve as presented, deny, approve with amended conditions
a. Should the Ordinance and Agreement be amended, a new Agreement incorporating the
approval changes is sent to the applicant for signature.
Limitations
The exemption applies only to improvements to real property and to tangible personal property. Therefore, current
tax revenues are never impacted and exemption for property taxes on land is prohibited by F.S. 196.1995.
All businesses approved for Economic Development Ad Valorem Tax Exemption must execute a Business
Maintenance & Continued Performance Agreement. A provision of the agreement includes submittal of Annual
Report. Council may revoke the exemption if the applicant fails to meet Agreement expectations and/or program
requirements.
Documents
At second reading of this ordinance, staff will bring forward Resolution 13-32 adopting substantially in form the
following:
1. Economic Development Ad Valorem Tax Exemption Application (Exhibit A)
2. DR-418 Economic Development Ad Valorem Property Tax Exemption (Exhibit A Attachment)
3. Business Maintenance & Continued Performance Agreement (Exhibit B)
4. Economic Development Ad Valorem Tax Exemption Annual Report (Exhibit C)
Type:Other
Current Year Budget?:None Budget Adjustment:None
Budget Adjustment Comments:
Current Year Cost:Annual Operating Cost:
Not to Exceed:Total Cost:
For Fiscal Year: to
Review Approval:Cover Memo
Item # 18
Ordinance No. 8436-13
ORDINANCE NO. 8436-13
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
ESTABLISHING AN EXEMPTION FROM CERTAIN AD VALOREM
TAXATION FOR CERTAIN NEW BUSINESSES AND
EXPANSIONS OF EXISTING BUSINESSES; TO BE CODIFIED AS
ARTICLE VII OF CHAPTER 29 OF THE CODE OF
ORDINANCES OF THE CITY OF CLEARWATER; PROVIDING
FOR ENACTMENT AUTHORITY; PROVIDING FINDINGS OF
FACT; PROVIDING FOR DEFINITIONS OF TERMS; PROVIDING
FOR ESTABLISHMENT OF ECONOMIC DEVELOPMENT AD
VALOREM TAX EXEMPTION; PROVIDING FOR AN
APPLICATION FOR EXEMPTION; PROVIDING FOR THE CITY
COUNCIL’S CONSIDERATION OF SUCH APPLICATION;
PROVIDING FOR NO APPLICATION FEES; PROVIDING FOR
CONTINUING PERFORMANCE; PROVIDING FOR CITY
COUNCIL REVOCATION OF EXEMPTION; PROVIDING FOR
SEVERABILITY; PROVIDING FOR A SUNSET DATE AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Clearwater believes that local governments should
support economic growth by providing an incentive for employment opportunities
that will lead to the improvement of the quality of life of the residents of the City of
Clearwater (the “City”), and the positive expansion of the economy; and
WHEREAS, to this end, the City Council desires to offer ad valorem tax
exemptions to new qualifying businesses relocating to the City and to expansions
of qualifying businesses already situated in the City; and
WHEREAS, the granting of ad valorem tax exemptions to such businesses
will provide the City with an additional economic development incentive which will
enhance the ability of the City to be competitive when trying to encourage new
business development in the City and retain local businesses with planned
expansions; and
Attachment number 1 \nPage 1 of 12
Item # 18
2 Ordinance No. 8346-13
WHEREAS, many of the surrounding Florida counties and cities including
but not limited to the City of St. Petersburg, the City of Tampa, Hillsborough
County, the City of Sarasota and Sarasota County have already implemented ad
valorem tax exemption programs potentially putting the City of Clearwater at a
competitive disadvantage in the recruitment of new businesses and the retention
of existing and expanding businesses; and
WHEREAS, such exemptions are authorized pursuant to Article VII,
Section 3, of the Constitution of the State of Florida and Section 196.1995,
Florida Statutes, upon the successful passage of a referendum; and
WHEREAS, the electors of the City have authorized the granting of ad
valorem tax exemptions by the successful passage of a referendum held on
November 6, 2012; and
WHEREAS, it is a recognized function of local government to promote
economic development within its jurisdiction by providing financial incentives that
will encourage new businesses to relocate within its jurisdiction and existing
businesses to expand, thereby creating employment opportunities that will
benefit the entire community; and
WHEREAS, the economic recession from 2008 to 2012 has resulted in a
high unemployment rate in the City, impacting the quality of life for the citizens of
the City and the sustainability of local businesses; and
WHEREAS, in order to ensure that applications for Economic
Development Ad Valorem Tax Exemptions are considered in a non-arbitrary and
Attachment number 1 \nPage 2 of 12
Item # 18
3 Ordinance No. 8346-13
non-discriminatory manner, it is necessary to establish guidelines that further the
City's economic development policy to assist the Administration in making its
determinations; and
WHEREAS, the City determines that the granting of Economic
Development Ad Valorem Tax Exemptions to new businesses locating in the City
and to existing businesses expanding in the City as provided in this Ordinance
will promote and strengthen the local economy which will enhance the health,
safety and welfare of the citizens of the City, which action is in the best interest of
the City and serves a public purpose; now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
SECTION 1. The Code of Ordinances of the City of Clearwater is hereby amended
by creating a new Chapter 29, Article VII, known as the "City of Clearwater Economic
Development Ad Valorem Tax Exemption Ordinance." to read as follows:
ARTICLE VII. – CITY OF CLEARWATER ECONOMIC DEVELOPMENT AD
VALOREM TAX EXEMPTION
Sec. 29.200. Enactment Authority.
Article VII, Section 3, of the Constitution of the State of Florida and Section
196.1995, Florida Statutes, empower the City to grant Economic Development
Ad Valorem Tax Exemptions to New Businesses and Expansions of Existing
Businesses after the electors of the City, voting on the question in a
referendum, authorized such exemptions. In a referendum held on November 6,
2012, the electors of the City of Clearwater authorized the City to grant Economic
Development Ad Valorem Tax Exemptions.
Attachment number 1 \nPage 3 of 12
Item # 18
4 Ordinance No. 8346-13
Sec. 29.201. Findings of Fact.
(a) It is a recognized function of local government to promote economic
development within its jurisdiction by providing financial incentives that will
encourage new businesses to relocate within its jurisdiction and existing
businesses to expand creating employment opportunities that will benefit
the entire community.
(b) The current economic climate has resulted in a high unemployment rate in
the City of Clearwater, impacting the quality of life for the City’s citizens
and the sustainability of local businesses.
(c) The City Council of the City of Clearwater (the “Council”) desires to offer
Economic Development Ad Valorem Tax Exemptions to new businesses
relocating to the City of Clearwater and to businesses already situated in
the City of Clearwater that are expanding in order to foster economic
growth and increased employment.
(d) In order to ensure that applications for an Economic Development Ad
Valorem Tax Exemption are considered in a non-arbitrary and non-
discriminatory manner, it is necessary to establish guidelines that further
the Council’s economic development policy strategic plan to assist the
Council in making its determinations.
(e) Applications for an Economic Development Ad Valorem Tax Exemption
shall be considered by the Council in its legislative capacity on a case-by-
case basis, after considering the Property Appraiser’s report and the
review criteria.
(f) No precedent shall be implied or inferred by the granting of an exemption to a
new or expanding business.
(g) On June 20, 2012, the Council adopted Ordinance No. 8338-12 calling for a
special referendum seeking authorization to grant Economic Development Ad
Valorem Tax Exemptions to qualifying businesses. The referendum passed on
November 6, 2012.
Sec. 29.202. Definitions of Terms.
The following words, phrases, and terms shall have the same meanings
attributed to them in current Florida Statutes and the Florida Administrative Code, except
where indicated otherwise:
(a) Applicant – Any person, firm, partnership, or corporation who files an
application with the City seeking an Economic Development Ad Valorem Tax
Attachment number 1 \nPage 4 of 12
Item # 18
5 Ordinance No. 8346-13
Exemption.
(b) Business – Any for-profit activity engaged in by any person, firm, partnership,
corporation, or other business organization or entity.
(c) City – The City of Clearwater, Florida.
(d) Council – The City Council of the City of Clearwater, Florida.
(e) Department – Economic Development Department of the City of
Clearwater.
(f) Economic Development Ad Valorem Tax Exemption – Ad valorem tax
exemption granted by the Council in its discretion to a qualifying New
Business and/or an Expansion of an Existing Business for up to 75 % of the
City ad valorem tax levied on the qualifying property of said Business for a
period up to ten (10) years; provided, however, the exemption shall not apply
to taxes levied for the payment of bonds or taxes authorized by a vote of the
electors pursuant to Section 9 and Section 12, Article VII of the State
Constitution.
(g) Expansion of an Existing Business – As set forth in the chart in
§29.205(b).
(h) Improvements – Physical changes made to raw land, and structures
placed on or under the land surface.
(i) Metropolitan Statistical Area (MSA) – Refers to a geographical region
with a relatively high population density at its core and close economic
ties throughout the area. Such areas are not legally incorporated. For
purposes of this Ordinance, the MSA means the Tampa – St.
Petersburg – Clearwater, FL MSA.
(j) New Business – As set forth in the chart in §29.205(b).
(k) Qualifying Average Annual Wage - The average wage of all new jobs created
must be greater than the average annual wage for Pinellas County as
published yearly by Enterprise Florida, Inc. in the year in which the ED AVTE
is granted.
(l) Sales Factor – The sales factor is a fraction, the numerator of which is the
total sales of the taxpayer in the MSA during the taxable year or period and the
denominator of which is the total sales of the taxpayer everywhere during the
taxable year or period.
Sec. 29.203. Establishment of Economic Development Ad Valorem Tax
Attachment number 1 \nPage 5 of 12
Item # 18
6 Ordinance No. 8346-13
Exemption.
(a) There is herein established an Economic Development Ad Valorem Tax
Exemption (hereinafter the "Exemption") for ad valorem taxes levied by the City.
The Exemption is a local option tax incentive for a qualifying New Business or
Expansion to an Existing Business which may be granted or refused at the
sole discretion of the Council.
(b) The Exemption shall not accrue to Improvements to real property made by or
for the use of a qualifying New Business or Expansion to an Existing
Business when such Improvements have been included on the tax rolls
prior to the effective date of the ordinance specifically granting a
Business an Exemption.
(c) At the discretion of the Council, the Exemption may be granted for up to
seventy five (75%) percent of the assessed value of all Improvements to
real property made by or for the use of a qualifying New Business and
of all tangible personal property of such New Business, or up to seventy five
(75%) percent of the assessed value of all added Improvements to real
property made to facilitate the qualifying Expansion of an Existing Business
and of the net increase in all tangible personal property acquired to
facilitate such Expansion of an Existing Business, provided that the
Improvements to real property are made or the tangible personal property
is added or increased on or after the day the Ordinance granting the
Exemption is adopted. Property acquired to replace existing property shall
not be considered to facilitate a business expansion.
(d) No Exemption shall be granted for the land upon which a New
Business or Expansion of an Existing Business is to be located.
(e) Any Exemption granted for a New Business or Expansion of an Existing
Business is non-transferable between businesses; provided, however, if
the only change to the Business is one of ownership and all other
provisions of the original Application remain in effect, the Exemption may
be transferred, subject to compliance with §29.207.
(f) Taxes Applicable. The Exemption shall apply only to taxes levied by the
City. The exemption shall not apply to taxes levied by the County, school
district, or water management district, or to taxes levied for the payment
of bonds or taxes authorized by a vote of the electors pursuant to Section
9(b) or 12, Article VII of the Florida Constitution or any other taxes levied
by any other entity.
Sec. 29.204. Application for Exemption.
(a) Application - Any eligible person, firm, partnership or corporation which
Attachment number 1 \nPage 6 of 12
Item # 18
7 Ordinance No. 8346-13
desires an Economic Development Ad Valorem Tax Exemption shall file with
the City a written application. The Application must be filed no later than
March 1 of the year the exemption is desired to take effect
(b) Review - Upon submittal of the Application, the City Manager or his designee
shall review same and, within ten (10) days of submission, notify the
Applicant of any facial deficiencies. Complete Applications shall be
scheduled for a public hearing before the Council no later than 45 days
following receipt of a complete Application. The 45-day period shall include
the Property Appraiser’s review pursuant to §29.205(a). Applicant will be
notified of the date and time of the public hearing.
(c) Agreement — A Business will be required to enter into an agreement
with the City stating that the Business will satisfy the Business
Maintenance and Continued Performance Conditions set forth in the
Application.
Sec. 29.205. Council Consideration of Applications.
(a) Property Appraiser Review - Before the Council takes action on an
Application, a copy of the Application, once deemed complete, shall be
delivered to the Property Appraiser for review. Within fifteen (15) days of
receipt of the complete Application, the Property Appraiser shall provide a
report to the Council, which shall include the following:
(1) The total revenue available to the City for the current fiscal year from ad
valorem tax sources, or an estimate of such revenue if the actual total
available revenue cannot be determined;
(2) The amount of revenue lost to the City for the current fiscal year by
virtue of exemptions previously granted, or an estimate of such revenue if
the actual revenue lost cannot be determined;
(3) An estimate of the amount of revenue which would be lost to the City for
the current fiscal year if the exemption applied for was granted had the
property for which the exemption is requested otherwise been subject to
taxation; and
(4) A determination as to whether the property for which an exemption is
requested is to be incorporated into a New Business or the Expansion of
an Existing Business, or into neither, which determination the Property
Appraiser shall also affix to the face of the application. Upon request, the
Department will provide the Property Appraiser such information as it
may have available to assist in making this determination.
(b) Eligibility Criteria – New business or the expansion of an existing business, as
set forth below per F.S. 196.1995:
Attachment number 1 \nPage 7 of 12
Item # 18
8 Ordinance No. 8346-13
New Business
Manufacturing
A business or organization establishing 10 or more new jobs to employ 10 or
more full-time employees in this City, which manufactures, processes,
compounds, fabricates, or produces for sale items of tangible personal property at
a fixed location and which comprises an industrial or manufacturing plant.
Targeted Industry
A business or organization establishing 10 or more new jobs to employ 10 or
more full-time employees in this City, which is a target industry business as
defined in F.S. 288.106(2)(q).
Business with Sales
A business or organization establishing 25 or more new jobs to employ 25 or more
full-time employees in this City, the sales factor of which, as defined by
F.S. 220.15(5), for the facility with respect to which it requests an economic
development ad valorem tax exemption is less than 0.50 for each year the
exemption is claimed.
Office
An office space in this City owned and used by a business or organization newly
domiciled in this state; provided such office space houses 50 or more full-time
employees of such business or organization; provided that such business or
organization office first begins operation on a site clearly separate from any other
commercial or industrial operation owned by the same business or organization.
Annexed Property
A business or organization that is situated on property annexed into the City and
that, at the time of the annexation, is receiving an economic development ad
valorem tax exemption from the county under F.S. 196.1995
Expansion of an Existing Business
Manufacturing
A business or organization establishing 10 or more new jobs to employ 10 or
more full-time employees in this City, which manufactures, processes,
compounds, fabricates, or produces for sale items of tangible personal
property at a fixed location and which comprises an industrial or
manufacturing plant.
Targeted Industry
A business or organization establishing 10 or more new jobs to employ 10 or
more full-time employees in this City, which is a target industry business as
defined in F.S. 288.106(2)(q).
Business with Sales
A business or organization establishing 25 or more new jobs to employ 25 or
more full-time employees in this City, the sales factor of which, as defined by
Attachment number 1 \nPage 8 of 12
Item # 18
9 Ordinance No. 8346-13
F.S. 220.15(5), for the facility with respect to which it requests an economic
development ad valorem tax exemption is less than 0.50 for each year the
exemption is claimed; provided that such business increases operations on a
site located within the City co-located with a commercial or industrial
operation owned by the same business or organization under common
control with the same business or organization, resulting in a net increase in
employment of not less than 10 percent or an increase in productive output
or sales of not less than 10 percent.
Office
An office space in this City owned and used by a business or organization
newly domiciled in this City; provided such office space houses 50 or more
full-time employees of such business or organization; provided that such
business or organization office first begins operation on a site clearly
separate from any other commercial or industrial operation owned by the
same business or organization.
Annexed Property
A business or organization that is situated on property annexed into the City
and that, at the time of the annexation, is receiving an economic
development ad valorem tax exemption from the county under
F.S. 196.1995.
(c) Economic Development Policy Guidelines – In making its determination as to
whether to grant the Exemption, and, if granted, the duration and percentage of the
Exemption, the Council shall consider the following factors:
(1) Number of current and projected employees of the Business located in
the City
(2) Average Wage of Employees of the Business located in the City.
Applicants must pay no less than the Qualifying Average Annual Wage.
(3) Amount of Capital Investment. Applicants must invest no less than
$100,000.
(4) Innovative Business
(5) Environmental Impact
(6) Commitment to Local Procurement
(7) Net positive contribution to the local economy
(8) Sales factor
In addition to the above factors, the Council may consider any such other activity or
factor that promotes the sustainability of Economic Development within the City.
(d) Ordinance – After consideration of the Application and the Property Appraiser’s
review, the Economic Development Policy Guidelines, and such other information it
deems relevant, the Council may choose to adopt an ordinance granting the
Exemption to the Applicant for up to 75 percent of the assessed value of the
qualifying property for up to 10 years. If granted, the ordinance shall include the
following information:
Attachment number 1 \nPage 9 of 12
Item # 18
10 Ordinance No. 8346-13
(1) The name and address of the New Business or the Expansion of an
Existing Business;
(2) The name of the owner(s) of the New Business or the Expansion of an
Existing Business;
(3) The total amount of revenue available to the City from ad valorem tax
sources for the current fiscal year, the total amount of the revenue lost to
the City for the current fiscal year by virtue of exemptions currently in
effect, and the estimated amount of revenue attributable to the Exemption
granted to the new or expanding business;
(4) The expiration date of the Exemption, which is (10) ten years or less
(depending upon the duration of the Exemption granted) from the date the
Council enacts the Ordinance granting the Exemption; and
(5) A finding that the business meets the definition of a New Business
or an Expansion of an Existing Business as set forth in §29.205(b)
herein.
Sec. 29.206. Application Fee.
No fees shall be charged for processing the Exemption Application or any
Exemption Ordinance adopted by the Council.
Sec. 29.207. Continuing Performance
(a) Change in ownership
(1) The Business granted the Exemption shall be required to inform
the Council in writing within ten (10) days as to any changes in
ownership of the Business granted an Exemption.
(2) Failure of the Business granted an Exemption to notify the City in
writing of any such changes in ownership is cause f or revocation
of the Ordinance granting the Exemption, at the Council’s
discretion.
(b) Annual Filings
The Applicant shall be required to submit an Annual Renewal Statement and an
Annual Report to the Economic Development and Housing Department on or
before March 1st of each year for which the Exemption was granted. The
Applicant shall also timely comply with all filings required pursuant to Section
196.011, Florida Statutes.
Attachment number 1 \nPage 10 of 12
Item # 18
11 Ordinance No. 8346-13
(1) The Annual Report shall certify that information provided in the original
Application has not changed.
(2) The Annual Report shall provide a report on the status of the Business,
evidencing satisfaction of the Business Maintenance and Continued
Performance conditions set forth in the Application.
Sec. 29.208. Council Revocation.
Should any Business granted an Exemption pursuant to this Ordinance fail to file
the Annual Renewal Statement and/or Annual Report with the Council on or before
March 1st of each year the Exemption has been granted as required in Sec.
29.207 of this Ordinance, fail to continue to meet the definition of a New
Business or an Expansion of an Existing Business as set forth herein, fail to timely
file a written report of change of ownership and/or fail to file a new Application upon
any other change in the information provided in the original Application , and/or fail to
fulfill any other representation made to the Council during the Application process,
including the creation and maintenance of the total number of new jobs
identified by a business in the Application, the Council, may, upon 30 days written
notice to the respective Business, adopt an ordinance revoking the ad valorem tax
exemption or take such other action with respect to the Exemption it deems
appropriate.
(a) Notification – Upon Revocation, the Council shall immediately notify the
Property Appraiser.
(b) Recover Taxes – If it is determined that for any year within the
Exemption period the owner was not entitled to receive such Exemption,
the owner of the property shall be subject to the taxes exempted as a
result of such failure plus annual interest at the maximum rate allowed by
law.
(c) Reapply – Nothing herein shall prohibit a business from reapplying for an ad
valorem tax exemption pursuant to State law.
Sec. 29.209. Severability.
If any provision of this article or the application thereof to any person or
circumstance is held invalid, the invalidity shall not affect other provisions or
applications of the act which can be given effect without the invalid provision or
applications. To this end, the provisions of this article are declared severable.
Sec. 29.210. Sunset Date.
Pursuant to Section 196.1995, Florida Statutes, this Ordinance shall
expire on November 6, 2022, ten (10) years after the date such authority to grant
Attachment number 1 \nPage 11 of 12
Item # 18
12 Ordinance No. 8346-13
Economic Development Ad Valorem Tax Exemptions was approved by the electors
of the City voting on the question in a referendum. No business shall be allowed
to begin receiving such Exemption after that date; however, the expiration shall
not affect the operation of any Exemption for which a business has qualified
under this Ordinance prior to November 6, 2022.
Section 2. This Ordinance shall become effective immediately upon adoption.
PASSED ON FIRST READING ____________________________
PASSED ON SECOND AND FINAL ____________________________
READING AND ADOPTED
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
Attachment number 1 \nPage 12 of 12
Item # 18
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Attachment number 2 \nPage 1 of 1
Item # 18
City Council Agenda
Council Chambers - City Hall
Meeting Date:11/7/2013
SUBJECT / RECOMMENDATION:
Support Shephard’s Beach Resort and Quality Beach Resort to start the permit process to restore and stabilize the beaches behind
their properties.
SUMMARY:
Olsen Associates Coastal Engineering will present the plans for shorefront improvements along the beaches behind
Shephard’s Beach Resort and Quality Beach Resort in Clearwater Pass.
The purpose of the projects is to increase the stability of the existing sand beach and re-establish a stable sand beach
along the inlet’s shorefront.
There is no cost to the City and requires no city assistance other than City Council support so projects can proceed
through the state and federal permit process. The Marine Advisory Board and Planning and Engineering departments
have been made aware of the projects.
Review Approval:
Cover Memo
Item # 19
28 August 2013
Mr. Paul Andrews
General Manager
Shephard’s Beach Resort
619 South Gulfview Blvd.
Clearwater Beach, FL 33767
paul@shephards.com
(727) 442-5107
Re: Proposed beach improvements at Shephard’s Beach Resort, Clearwater Pass
619 South Gulfview Blvd., Clearwater Beach, FL 33767
Dear Mr. Andrews:
The attached drawings (6 sheets plus cover) depict a proposed plan of beach and
shorefront improvements along the Shephard’s Beach Resort, on the north bank of Clearwater
Pass, for consideration by the Marine Advisory Committee and City of Clearwater.
The purpose of the project is to re-establish a stable sand beach along approximately 350
feet of the inlet’s shorefront, principally comprising the Shephard’s Beach Resort property. The
existing site is shown in Figure 1. It is bound by a seawall on the landward edge and by two
rock groins on each side (each about 115 feet in length), and it features a 50’ x 60’ pile-
supported wooden deck. There is a sand beach along the eastern third or half of the site, with no
beach or other useful recreational area along the western half of the site.
The proposed activity consists of the following principal elements illustrated in Figure 2:
a) construction of a 35-ft long (approx.) rock spur at the seaward end of each of the two existing
rock groins,
b) construction of a rock T-head groin between the two existing groins, waterward of the existing
beach deck,
c) addition of beach-compatible sand fill from an upland source to create/nourish the beach, and
d) “clean-up” of the two existing groins to remove and re-consolidate the scattered rock, and to
restore the landward end of the western groin.
In the drawing (Figure 2), the post-project beach fill contours are shown by the heavy
black lines. The mean low water shoreline is approximately represented by the -1.5’ contour
(MLW = -1.3’). The mean high water shoreline is approximately represented by the +1.0’
contour (MHW = + 0.65’), half-way between the 0’ and +2’ contours. The plan would restore
the sand beach along the entire shorefront between the existing rock groins, and it would
likewise provide access upon the sand beach along this shorefront – including in front of the
wood deck and across the rock groin T-head which would be buried by sand in front of the deck.
Attachment number 1 \nPage 1 of 13
Item # 19
Mr. Paul Andrews
28 August 2013 Page - 2 - of 13
olsen associates, inc.
Figure 1: Existing conditions – Shephard’s Beach Resort.
Figure 2: Proposed plan of improvements.
Attachment number 1 \nPage 2 of 13
Item # 19
Mr. Paul Andrews
28 August 2013 Page - 3 - of 13
olsen associates, inc.
The proposed T-head groin in the middle is necessary to stabilize the placed sand fill and
to restore/maintain a sand beach along the western half of the shoreline. Presently, there is little
or no sand beach along the western 200 feet of the shorefront (i.e., along and west of the deck),
and this precludes useful public access and recreational beach along most of the shorefront. The
landward stem of the proposed T-head groin is low in elevation and would be buried in sand –
thus resulting in a continuous sand beach along the entire shorefront, along the existing seawall
and the deck at low and high tides.
Access from the sea (Clearwater Pass) to the sand beach is made by each of the two 105-
ft wide openings between beach embayments. In the proposed plan, the rock groins support the
sand beach and its slope on the landward side of the structures; but the seabed elevations are not
otherwise altered on the seaward side of the structures. That is, the seabed elevation in the
baymouth opening between the rock groins would remain at or about the existing level of -2’ to
-2.5’ (i.e., at about the Spring Low Tide water level during new or full moon). As such, all of the
project’s footprint is located within about 120- to 140-feet width from the seawall, within the
extents of the existing rock groins. The plan does not widen the beach or rock structures further
into Clearwater Pass.
The predicted geometry and performance of the sand beach created through the rock T-
head groin and gap-widths has been established through several dozen analogous projects
constructed in similar – and higher-energy – conditions since the early 1990’s. Over the past
twenty years, we have designed similar projects that have been constructed throughout the
southeastern United States, Caribbean, Hawaii, Indian Ocean and elsewhere (in addition to
similar projects by others); and all have performed successfully per expectations and predictions.
An example project of equivalent scale, constructed at the Sandals resort in Nassau, Bahamas in
early 2009 is illustrated below. The Sandals property had no beach along half of its shorefront,
until the beach was restored and stabilized by a proper T-head groin, 2 spurs and sand fill.
Figure 3: Example of beach restored & stabilized by rock T-head groin and two spur groins; Sandals Royal
Bahamian, Nassau, Bahamas. (Left: pre-project condition; Right: 18 months post-construction, low tide.)
spur groin
T-head groin
Attachment number 1 \nPage 3 of 13
Item # 19
Mr. Paul Andrews
28 August 2013 Page - 4 - of 13
olsen associates, inc.
It is anticipated that the project would be constructed from the upland. Construction
access from the road (South Gulfview Blvd) to the beach would be via an existing road-path at
the east edge of the Shephard’s Beach Resort (SBR) property. The sand fill would be from
upland sources, of approved
beach-quality and consistent
with that of the existing beach
sand. No dredging is proposed.
Boulders would be imported
from upland quarries.
Dislocated rock along the
existing two groins would be re-
used to re-construct and ‘tidy’
the groins. Turbidity curtains
would be employed during
construction if/as required.
Figure 4: Location of construction access.
Comparison with previously proposed project. The proposed plan differs fairly
significantly from that previously presented by Tackney & Associates, Inc. in 2006. The two
plans are compared in Figure 5, following page.
The previous plan proposed 4 breakwater structures along the SBR shorefront, closely
spaced with intervening gaps of 45 feet each. In contrast, the present plan uses half as much
structure and creates gaps of 105 feet each.
Additionally, the previous plan widened the beach so as to push the mean high water line
nearly as far seaward as the rock structures; that is, it pushed the intertidal beach toward and
into the inlet. The present plan widens the beach by about half as much; that is, it
establishes the intertidal beach at about the same location along the entire property as it
presently exists in the eastern cell -- and the location of the lower-low tide shoreline (about
-2’) remains the same as in existing conditions. Nonetheless, there is still significant benefit
from the present plan: it increases the dry recreational beach area by a factor of about 2.3,
from 0.20 acres in the existing condition to 0.48 acres in the post-project condition.
The presently proposed plan features 4 times more water area than the previous plan. The
previous plan, as drawn, exhibited about 4,500 square feet of water between the mean high
water line and the breakwaters’ centerline. The proposed plan presents about 17,550 square
feet of water between the MHWL and the groin heads’ centerline.
The previous plan engaged six hotel/resort properties (the South Beach Association). The
present proposal is limited to Shephard’s Beach Resort; noting however, that a parallel but
separate proposal is being presented for adjacent shoreline by the Quality Beach Resort, as
further described below.
Attachment number 1 \nPage 4 of 13
Item # 19
Mr. Paul Andrews
28 August 2013 Page - 5 - of 13
olsen associates, inc.
Figure 5: Comparison of previously proposed plan by Tackney & Associates Inc (c. 2006) and presently
proposed plan by Olsen Associates, Inc (2013). Yellow indicates the design area of beach berm above
+4.5’ NAVD, and blue indicates the design area of water below mean high tide (+0.65’ NAVD) in the
with-project conditions. The previous design exhibited 45-ft wide gaps between breakwaters. The
present design exhibits 105-ft wide gaps between groin heads.
Attachment number 1 \nPage 5 of 13
Item # 19
Mr. Paul Andrews
28 August 2013 Page - 6 - of 13
olsen associates, inc.
Permit application was made for the previously proposed plan in June 2006, but permit
acquisition was ultimately discontinued after August 2007, and no permits for the prior project
were issued to our knowledge1.
Prior Conditions and Improvements. A sand beach -- similar in scale to the proposed
improvements -- previously existed at this site, as indicated by Google Earth images from 1995
through 2002 shown in Figure 6 below.
Figure 6: Recent historical shoreline conditions. Upper left – January 1995; Upper right – December 1998;
Above Left – May 2002; Above Right – March 2013.
1 Initial application was made to FDEP in approximately June 2006, File #0266352-001-JC (Pinellas Co.). A
response to an RAI from FDEP dated 7 July 2006 was submitted by Tackney on or about 16 March 2007.
Application was additionally made to Pinellas County (requesting a permit from the Pinellas County Water and
navigation Control Authority) in June 2006. Concerns regarding the project were summarized in a letter from
Nicole Elko, Pinellas County, dated 14 August 2007. Further action thereafter is not indicated in the file, to my
knowledge.
Existing ‐ 2013
Attachment number 1 \nPage 6 of 13
Item # 19
Mr. Paul Andrews
28 August 2013 Page - 7 - of 13
olsen associates, inc.
It is our understanding that at least two previous beach projects were undertaken along
the project shoreline. In 1984, the City of Clearwater conducted a 100,000 cubic yard (approx.)
beach fill placement from dredge material obtained from inlet maintenance, after which the sand
fill was observed to migrate rapidly toward the east. In 1986, upland property owners
constructed five rock groins. These were observed to reduce but not eliminate the beach erosion.
Thereafter, occasional or annual placements of small volumes of truck-haul sand have been
undertaken by individual upland property owners in attempts to surcharge the beach, after which
the sand is eroded and apparently migrates mostly eastward toward the spit beyond the bridge.
As such, the proposed project is intended to restore a previously existing shoreline, not to
infill wetlands to create uplands for purposes of further development. The project design is
limited to the footprint of the existing groins which have exhibited some, but limited, success in
stabilizing the shoreline – by which the proposed structures and beach fill would augment the
function of the existing groins so as to better maintain the nourishment sand placed therein.
Existing Conditions and Project Impacts. No significant adverse environmental impacts
are anticipated to occur from project construction. There is no indication of existing or recent
seagrass beds or other sensitive environmental resources within or proximate to the project area.
There is no upland vegetation (sea oats, etc.) that will be impacted by the project. A seabed biota
survey conducted in December 2005 indicated no presence of seagrass or sensitive resources.
An updated seabed biota survey would be conducted for the proposed work if/as required for
permitting. Turbidity monitoring and control measures will be implemented as required. To our
knowledge, there is no recent history of marine turtle nesting activity along this shoreline that
would be disrupted by the construction. Future turtle nesting activity would be facilitated by the
sand beach improvements, though such activity is unlikely given this urban beach setting.
The existing, minor beach is very heavily utilized for recreation by resort guests and the
public, gaining access principally through the resort and by boat. Typical and current conditions
are illustrated in Figures 7 and 8. Only about one-third to one-half of the shorefront can be
functionally utilized for recreation and access. Alongshore access waterward of the seawall is
not feasible (at least during mid- to
high-tide) because of the lack of beach
along the western half of the
shorefront. From Figure 7, at right, it is
evident that boaters typically moor at
or just seaward of the ends of the
existing groins.
Figure 7: Typical beach use conditions
along the western end of SBR (foreground)
and Quality Beach Resort (background).
Attachment number 1 \nPage 7 of 13
Item # 19
Mr. Paul Andrews
28 August 2013 Page - 8 - of 13
olsen associates, inc.
Mid-high tide: Left - shoreline west of Shephards Beach Resort (SBR); Right – west shoreline along SBR.
Low-tide: Left – western half of SBR toward deck; Right – west shoreline along SBR.
Mid-high tide: Left – eastern half of shoreline along SBR toward deck; Right – east shoreline along SBR.
Mid-high tide:
Right – shoreline east of SBR.
Figure 8: Site photographs -- July 2, 2013.
Attachment number 1 \nPage 8 of 13
Item # 19
Mr. Paul Andrews
28 August 2013 Page - 9 - of 13
olsen associates, inc.
To the extent that boaters anchor their vessels immediately seaward of the existing groin
heads, the proposed project would not interfere with the boat anchorage nor “push” the boats
further waterward into the Pass. That is, the proposed project does not alter the seabed
elevations along or waterward of the existing groin heads. Per Figure 2, the seabed elevations
remain at between -2.0’ and -2.5’ NAVD (i.e., equivalent to a very low tide shoreline) along the
line that defines the seaward ends of the groins. The changes to the beach occur landward of the
groin heads. Thus, boating practices along and waterward of the groin heads are not affected.
Both the project design and experience indicates that the sand would not typically “spill out” of
the cells and shoal the nearshore seabed (which could push the boat anchorage further into the
Pass), because the openings between the structures restrict the location and slopes of the beach.
The project’s proposed structures (groin heads) will decrease the open water frontage by
140 feet; however, the project will also increase the useful and accessible shore frontage from
about 150 feet length (east of the deck) to the entire shore frontage of about 335 feet between
groins. That is, the existing beach shorefront that is currently accessible from the water is about
150 feet in length. The project will develop a beach shorefront that is directly accessible from
the water (i.e., measured as the open water between the structures) of about 195 feet, more or
less. More simply stated, people accessing the existing shoreline from boats would normally
wade to the sand beach east of the deck comprising about 150 feet in length (since there is no dry
beach along or west of the deck). In the post-project condition, people accessing the shoreline
from boats would wade to a sand beach through either of the two beach cell openings – totaling
195 feet in open length – both east and west of the deck. Thus, the useful length of shorefront
accessible to persons from boats (in terms of a wading beach upon which to land, depart, and
recreate) is increased by the project from about 150 ft to 195 ft relative to existing conditions.
In this project design, the boats and their passengers are not forced to anchor further
offshore, nor to wade into deeper water, nor to swim further across the Pass in swifter currents in
order to access the beach. And, the useful shorefront that is accessible to boaters (or, more
precisely, those persons wading to/from the boats) is increased by about 30% through the
restoration of a sand beach along the western half of the eroded shorefront. All of these boating-
access issues are valid concerns that the project design has sought to address, particularly relative
to the prior project proposal in 2006.
The project design likewise sought to rationally address the need for increased beach
recreational use area. The existing beach use capacity at a “compressed” urban measure of 50 to
100 square feet per person (which is only one-quarter to one-half of the normal State standard of
200 ft2/user) is less than about 90 to 180 persons at typical mid/high tide. The proposed project
would increase the beach use capacity to between 200 and 400 persons, more or less, by the
same measure. Thus the project represents a significant, but not unreasonable, improvement in
recreational beach capacity along this very popular and currently “over-stressed” shorefront.
Attachment number 1 \nPage 9 of 13
Item # 19
Mr. Paul Andrews
28 August 2013 Page - 10 - of 13
olsen associates, inc.
No significant adverse impacts are predicted to sand movement and adjacent shorelines.
Sediment transport along the shorefront is principally influenced by the existing rock groins
which quasi-compartmentalize the shoreline’s beaches. The proposed project does not increase
the length (and coincident effect) of these groins, and it is located within the seaward ‘footprint’
of these groins. The project pre-fills, or saturates, the beach with nourishment sand to its design
capacity, so that it does not draw sand from the adjacent beaches or ambient alongshore sediment
transport. Relative to the existing conditions surveyed in May 2013, project construction would
entail the placement of about 2300 cubic yards of beach nourishment sand. The purpose of the
spur groins and central T-head groin is to retain the placed sand in a quasi-stable geometry
within the beach cells. Experience has otherwise indicated that sand placed within the single cell
between the two existing rock groins erodes rapidly and is apparently transported mostly
eastward where it ultimately deposits in a large sand spit at the head of the Pass (see Figure 9).
Sediment transport to this shoreline is otherwise limited by the north jetty at the Pass entrance.
Figure 9:
Clearwater Pass, March
14, 2013 (Google Earth
image).
Given the spatially limited nature of the proposed structures and the previous prototype
experience with the structure/beach design, and the practical limitations of coastal engineering
modeling at this site, detailed modeling of the project is considered neither warranted nor
fruitful. That is, the small-scale nature of the structures, the shallow shorefront depths, and the
complex tidal current- and wave-dominated nature of the sediment transport along this site do
not lend themselves to necessarily accurate physical or computer modeling of the coastal
processes associated with the shorefront or proposed project. Instead, the physical performance
of the project can be more readily and accurately predicted through empirical and practical
engineering experience. In brief, through these means, no significant changes to existing
shoreline behavior are rationally discerned, in terms of beach creation or erosion adjacent to the
Attachment number 1 \nPage 10 of 13
Item # 19
Mr. Paul Andrews
28 August 2013 Page - 11 - of 13
olsen associates, inc.
project. If sand was continued to be added to the shoreline without the project structures, it is
evident from experience that the sand would erode fairly rapidly and ultimately contribute to the
shoal formation at the head of the Pass, amply evident in Figures 6 and 9, above.
Corollary Projects. The proposed project was developed for, and is presented by.
Shephard’s Beach Resort, independent of any other actions. During the course of this project’s
initial design, Quality Beach Resort2 elected to consider an analogous project for shoreline
improvements along the beach cell immediately east of SBR. For completeness, the concept
developed for that property is illustrated along with the SBR project proposal in Figure 10.
Figure 10: Proposed project concepts along both Shephard’s Beach Resort and Quality Beach Resort.
While these two projects (SBR and QBR) are similar and adjacent, consideration of either
for purposes of permitting and/or ultimate design & construction, is presented and made
separately. Should both be permitted and developed to the construction stage, it is probable that
both would be developed & constructed more or less concurrently; however, at present, the
progress and/or ultimate disposition of either project does not affect the other. That is, for
example, construction of one project is not contingent upon the other, et cetera.
2 655 South Gulfview Blvd., Clearwater Beach, FL 33767
Attachment number 1 \nPage 11 of 13
Item # 19
Mr. Paul Andrews
28 August 2013 Page - 12 - of 13
olsen associates, inc.
Public Beach Access. We did not conduct a detailed study of upland public beach access
for this project area, as it is beyond this engineering design assignment. From documents
provided by Brian Johns of Pinellas County, there is a permanent and nonexclusive easement
along a 50-ft width seaward of the existing seawall, granted to the City of Clearwater for the
“right to use, for the purpose of recreation and public use in general”, dated 23 March 1984. The
easement also allows the City a perpetual and nonexclusive right to deposit beach quality fill
material seaward of the seawall. Similar easements are granted along the adjacent properties,
including the Quality Beach Resort to the east. The location of this 50-ft easement width is
illustrated in Figure 10, prior page, by the dashed black line.
It is also our understanding that there are two upland public access corridors located east
and west of the SBR property. These are illustrated in Figure 11, below, relative to the proposed
beach improvements along SBR and QBR. (The proposed improvements are depicted by the
blue and black lines on the shorefront.) The functionality of these two access corridors may be
limited by parking and/or gates, and/or by lack of dry beach along the shorefront; however, we
did not investigate that as part of this study. Public access to the project shorefront clearly exists
through boating and the hotel resort and its popular entertainment attractions, but the degree of
useful alongshore access from the adjacent upland corridors was not assessed herein.
Figure 11: Locations of two upland public access corridors in the project vicinity, to our knowledge.
Attachment number 1 \nPage 12 of 13
Item # 19
Mr. Paul Andrews
28 August 2013 Page - 13 - of 13
olsen associates, inc.
Closing. This report and the attached drawings describe proposed beach improvements
along Shephard’s Beach Resort for your consideration and that of the Marine Advisory Board
and City. For the project to advance, it is our understanding that consideration of the project
concept – and at least approval in principle – must be made by the Marine Advisory Board and
the Commissioners of the City of Clearwater Beach, for which meetings and workshops are to be
held by these entities among September 11, 16, and 19. Pursuant to a favorable consideration
and/or attendant recommendations, a formal application for project approval & permits would be
made to the Pinellas County Water and Navigation Control Authority, and concurrently to the
Florida Dept. of Environmental Protection and the U. S. Army Corps of Engineers.
By way of this report, I have attempted to explain the need, objective, impacts and
function of the proposed project, and the manner in which it differs from the previously proposed
project for shorefront improvements along the property. At your authorization, I and/or my
officemate Bill Hobensack (co-engineer for this assignment) will be available to present the
project proposal at the September 11 meeting of the Marine Advisory Board, and to address
questions at that time if so directed.
Meantime, please do not hesitate to contact me at kbodge@olsen-associates.com or 904-
387-6114 if you have any questions regarding this report. Thank you.
Sincerely,
Kevin Bodge, Ph.D., P.E.
Senior Vice President & Principal Engineer, II
Att: Schematic Drawings for Beach Improvements at SBR (Issue 1.2, 31 July 2013), 6 sheets + cover.
Compilation schematic drawings for beach improvements at SBR and QBR, 3 sheets.
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Attachment number 2 \nPage 23 of 23
Item # 19
Attachment number 3 \nPage 1 of 1
Item # 19
Attachment number 4 \nPage 1 of 1
Item # 19
Attachment number 5 \nPage 1 of 1
Item # 19
Attachment number 6 \nPage 1 of 1
Item # 19
Attachment number 7 \nPage 1 of 1
Item # 19
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Attachment number 8 \nPage 1 of 22
Item # 19
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Item # 19
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Item # 19
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Item # 19
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Item # 19
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Attachment number 8 \nPage 6 of 22
Item # 19
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Attachment number 8 \nPage 7 of 22
Item # 19
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Attachment number 8 \nPage 8 of 22
Item # 19
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Attachment number 8 \nPage 9 of 22
Item # 19
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Attachment number 8 \nPage 10 of 22
Item # 19
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Attachment number 8 \nPage 11 of 22
Item # 19
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Item # 19
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Item # 19
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Item # 19
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Item # 19
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Attachment number 8 \nPage 16 of 22
Item # 19
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Item # 19
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Attachment number 8 \nPage 18 of 22
Item # 19
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Item # 19
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Item # 19
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Item # 19
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Attachment number 8 \nPage 22 of 22
Item # 19
CLEARWATER CITY COMMISSION
Meeting Date: I 1-1 ( 3
Item # t O"
As stated in Commission Rules, "Representatives of a group may speak for three minutes
plus an additional minute for each person in the audience that waives their right to speak, up
to a maximum of ten minutes."
We the undersigned designate
as our spokesperson and waive our right to speak.
Signature
Signature
Print Name
A SS / ( (please print)
Print Name
Signature Print Name
Signature Print Name
Signature Print Name
Signature Print Name
Signature Print Name
CH3 \CLERK\FORMS \Public Comments at Corn Mtg.doc Jan 9, 2002
9700 -0034
City Council Agenda
Council Chambers - City Hall
Meeting Date:11/7/2013
SUBJECT / RECOMMENDATION:
No Item
SUMMARY:
Review Approval:
Cover Memo
Item # 20
City Council Agenda
Council Chambers - City Hall
Meeting Date:11/7/2013
SUBJECT / RECOMMENDATION:
Appoint one member to the Neighborhood and Affordable Housing Advisory Board with term to expire November 30, 2017 and
reappoint Ms. Linda Kemp for another term to expire November 30, 2017.
SUMMARY:
APPOINTMENT WORKSHEET
BOARD: Neighborhood and Affordable Housing Advisory Board (NAHAB)
TERM: 4 years
APPOINTED BY: City Council
FINANCIAL DISCLOSURE: Not Required
RESIDENCY REQUIREMENT: N/A (See Special Qualifications)
MEMBERS: 7
CHAIRPERSON: Peggy Cutkomp
MEETING DATE: 2nd Tues. most months
PLACE: Chambers
APPTS. NEEDED: 2
STAFF LIAISON: Michael Holmes
SPECIAL QUALIFICATIONS: Board to have 1 member in each: Real Estate Professional in Connection with Affordable Housing;
Clearwater Resident; Residential Home Building Industry; Advocate for Low Income Housing; Not For-Profit Provider of Affordable
Housing; Banking/Mortgage Industry; Employer’s Representative.
THE FOLLOWING ADVISORY BOARD MEMBER’S TERM EXPIRED AND NOW REQUIRES REPLACEMENT BY A NEW
APPOINTEE:
1. Laurel Braswell – 1609 Myrtle Ave. N., 33755
Original appointment 7/12/01 – (2nd term expired 5/31/13)
(Clearwater Resident)
THE NAMES BELOW ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE VACANCY. STAFF IS
RECOMMENDING MS. CARMEN SANTIAGO BE APPOINTED TO FILL THE VACANT SEAT AS THE CLEARWATER
RESIDENT MEMBER.
1. Vicki Adelson – 2670 Red Oak Court, 33761 - Consultant
2. Jeffrey McKinney – 1844 Venetian Pt. Dr., 33755 – Self-employed-CMT, Inc./MBA
3. Carmen Santiago – 821 Jeffords St., #3, 33756 – Youth Developer/Political Science
4. Barbara Sorey – 1100 Druid Rd. E., Apt. 812, 33756 – Research Interviewer/Business Adm.
5. Debra Swisher – 618 Wells Court 402, 33756 – Retired Teacher/RE Broker
6. Linda S. Varonich – 1482 Premier Village Way, 33764 – Public Health Sanitarian
ALSO, THE FOLLOWING ADVISORY BOARD MEMBER’S TERM EXPIRED AND NOW REQUIRES REAPPOINTMENT FOR A
NEW TERM FOR THE BANKING/MORTGAGE INDUSTRY QUALIFICATION:
1. Linda Kemp – 4225 38th Ave. S., Unit 63-G, St. Petersburg, FL 33711
Original appointment 5/7/09 – (1st term expired 5/31/13)
Interest in Reappointment: Yes
(2 absences in the past year)
(Banking/Mortgage Industry)
Zip codes of current members:
Cover Memo
Item # 21
1 – 33755
1 – 33765
1 – 33767
Current Categories:
1 Advocate for Low Income Housing
1 Real Estate Professional in Connection/Affordable Housing
1 Residential Home Building Industry
Categories Pending Appointment:
Clearwater Resident
Employer’s Rep - (no qualified nominees)
Not For-Profit Provider/Affordable Housing – (no qualified nominees)
Review Approval:
Cover Memo
Item # 21
CITY OF CLEAR WATER -APPLICATION FOR ADVISORY BOARDS
must be Clearwater resident)
Name: Vicki Adelson
Home Address: 2670 Red Oak Court Office Address: 2670 Red Oak Court
Clearwater, Florida 33761 Clearwater, Florida 33761
Telephone: 727-785-5706 Telephone: 727-785-5706
Cell Phone: 727-458-9379 E-mail Address: vadelsonl@gmailcorn
How long a resident of Clearwater? 32 years
Occupation: Consultant Employer: Vicki S. Adelson Consulting
Field of Education: Other Work Experience:
Master of Arts Degree in Public Administration Administrator of Program Services,
Department of Family &Aging Services,
Hillsborough County Government
If retired, former occupation:
Community Activities: Vice President, Programs, JGSTB
Other Interests: Genealogy
Board Service (current and past): Board Preference:
None Neighborhood and Affordable Housing Board
Additional Comments: See attached resume, which highlights my skills and interests.
Signature: 44/*-- 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
Declaration of Domicile filed with the city clerk affirming residency within city limits
RFCENED
cci
2013
CORDS AND
FaSifralVE Svcs DEFT
Attachment number 1 \nPage 1 of 6
Item # 21
BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and responsibilities?
Review and make recommendations to city manager and city council regarding city programs
directed at improving the physical environment and lifestyle of low to moderate income people
assisted by various publicly funded housing and community development programs;; carry out duties
of an advisory committee for various federal, state, and county housing and community development
program funding that the city receives; sit separately as the Affordable Housing Committee for the
city; other powers and duties as provide by the law.
2. Have you ever observed a board meeting either in person or on C-View, the City's TV
station?
As Administrator of Program Services for the Hillsborough County Department of Family& Aging
Services, I provided staff support to the Hillsborough County Health Care Advisory Board for eight
years. In addition, throughout my career, I staffed and chaired numerous other government and non-
profit work groups and committees.
3. What background and/or qualifications do you have that you feel would qualify you to
serve on this Board?
My entire career dating back to 1970's (see attached resume) has been spent working to improve
social and housing conditions for low and moderate income people. I have many years of experience
in assessing, developing, monitoring, and evaluation federal, state, and local human service
programs. I have written millions of dollars of federal grants that have provided needed housing and
social services for residents of Pinellas and Hillsborough counties. I represented Hillsborough County
on numerous committees relating to the provision of services for low and moderate income residents
of that county, including the Homeless Coalition and the Children's Board.
4. Why do you want to serve on this Board?
I am transitioning out of the work force and would like to use the skills I have acquired in my
professional career to help my own community.
Name: Vicki Adelson
Board Name: Neighborhood and Affordable Housing Board
Attachment number 1 \nPage 2 of 6
Item # 21
VICKI SHARON ADELSON
2670 Red Oak Court
Clearwater, Florida 33761
727-785-5706 (Land)
727-458-9379 (Mobile)
vadelsonl @gmail.com
Summary
Ms Adelson is a private consultant with Adelson & Associates Inc., a Clearwater-based consulting firm
which she founded in 1990.As president and owner of this firm,Ms Adelson writes grants,develops stiategic
planning documents, evaluates programs,conducts studies of various social conditions,and produces reports
relating to health and social service issues. Since 2002, she has had contracts with Walter R. McDonald &
Associates and ICF International for site visitation, data collection, and report-writing reference to those
organizations' contracts with DHHS to evaluate children's mental health "system of care" projects. During
that period of time,Ms Adelson visited 28 sites funded to implement system of care projects for children with
serious mental health needs. As a member of OJJDP's National Training and Technical Assistance Center
consultant pool for the past eight years, Ms Adelson reviewed numerous juvenile and criminal justice grant
applications and provided consultation services reference to reducing school truancy in the City of Boston
and Hillsborough County, Florida. From 2003 until June 2011, Ms Adelson was an administrator with the
Hillsborough County Department of Family & Aging Services, where she was responsible for developing
community partnerships,writing grants, and leveraging department resources. In 2012, grants written by Ms
Adelson brought over$2 million to local non-profit agencies.
Professional Experience
1991—Present
Owner/President/Consultant
Adelson&AssociatesNicki S.Adelson Consulting
Clearwater,Florida 34621
Provide professional and technical services to government organizations and non-profit agencies in the
following areas: services, programs, and systems (child welfare,juvenile and criminal justice, education,
child care, substance abuse, mental health); special populations (juvenile offenders, emotionally disturbed
children, runaway youth, the homeless, persons with AIDS); and other related issues (health care and
educational reform,collaboration,and service integration.
2003—June 2011
Administrator of Program Services
Department of Family&Aging Services
County of Hillsborough
Tampa,Florida
Primary responsibility for strategic planning, community partnerships, and grant development in this
department of County government, which administers a $75 million indigent health care program,
children's services, an office of veterans' affairs, aging services, transportation and a variety of social
services funded with federal, state, and local funds.
1
Attachment number 1 \nPage 3 of 6
Item # 21
1988- 1990
Director of Administrative Services
Family Resources,Inc.
Pinellas Park,Florida 33781
Supervised Administrative Services Unit in this non-profit organization with 90 employees and an annual
budget of$3 million. Responsible for grant development, contract administration, and program evaluation.
Worked closely with the Executive Director with respect to the fiscal management of the agency.
1986- 1987
Manager of Professional and Industrial Services,CompCare Lifestyle Center
Tampa,Florida 33519
Marketed inpatient and outpatient treatment for chemical dependency to the professional and industrial
community. Conducted market research. Produced and distributed promotional literature. Coordinated
educational seminars. Prepared proposals. Developed and provided training and orientation for employees
of client companies.
1982 - 1985
Assistant Director
Alternative Human Services,Inc.
St.Petersburg,Florida 33733
Supervised Administrative Services Unit in this not-for-profit youth services agency that operates two
shelters for runaway and homeless youth, a transitional living program for homeless adolescents, and a
countywide information/referral/crisis counseling hotline.Responsible for planning and development,grants
and contracts,and program evaluation. Supervised marketing and personnel staff.
1978- 1981
Criminal Justice Grants and Planning Specialist
Criminal Justice Programs,County of Oakland
Pontiac,Michigan 48053
Developed Annual Criminal Justice Plan for the Oakland County Criminal Justice Planning Council.
Administered up to $2.4 million in federal grants each year. Worked with law enforcement,
criminal/juvenile justice personnel, and elected officials to coordinate policies that affected local crime
control efforts. Represented County Executive and Office of Criminal Justice on various committees; i.e.,
Juvenile Diversion Committee, Michigan Crime Commission, Michigan Advisory Committee on Juvenile
Justice. Coordinated activities of committee appointed Board of Commissioners to reduce overcrowded
conditions at the county jail.Conducted special studies.Analyzed pending legislation.
1977- 1978
Juvenile/Criminal Justice Planner
Southeast Michigan Council of Governments
Detroit,Michigan 48226
Developed juvenile justice section of the Annual Countywide Comprehensive Criminal Justice Plan for the
Southeast Michigan Criminal Justice Planning Council. Administered $650,000 in federal grants each year
for a 5-county region. Assisted applicants with the preparation of grants. Reviewed grant applications and
developed funding recommendations. Acted as liaison to State regarding funding decisions. Represented
SEMCOG on various committees. Conducted special studies.
2
Attachment number 1 \nPage 4 of 6
Item # 21
1974- 1976
Juvenile Justice Planner
Toledo-Lucas County Criminal Justice Regional Planning Unit
Toledo,Ohio 43624
Developed juvenile justice section of the Annual County-wide Comprehensive Criminal Justice Plan for the
Toledo-Lucas County Regional Criminal Justice Planning Council.Administered$300,000 in federal grants
each year. Assisted applicants prepare grants. Represented Regional Planning Unit on various committees.
Negotiated agreements with juvenile court judges for alternative methods of handling status offenders.
Coordinated citizen's task force appointed to develop recommendations regarding needed uvenile justice
system reforms. Worked with five school districts to develop countywide policy and procedures for
handling school truancy.
Education
Master of Arts Degree in Public Administration
Central Michigan University
Troy,Michigan
Bachelor of Arts Degree in Secondary Education
Wayne State University
Detroit,Michigan
Special training courses in planning, grants, and evaluation sponsored by the Law Enforcement Assistance
Administration, U.S. Department of Justice at the Criminal Justice Training Center, University of
Wisconsin-Milwaukee. Training courses in children's system of care sponsored by ORC MACRO for
consultants.Facilitation training from Professional Resources Group Inc on"story-boarding."
Publications
A Collaborative Model for Assessing and Improving Local Juvenile Justice Systems
Community Support for Youthful Offenders
Cross-System Analysis of"Lockouts"
Placement Option and Alternatives for Female Juvenile Offenders
Cross-System Analysis of School Truancy in Hillsborough County
Analysis of Child-On-Child Sexual Abuse in Hillsborough
Briefing Paper:Funding Sources for Juvenile Sex Offender Services
Service Integration: A Call to Collaborators
Briefing Paper:Defining Family Support Programs
Women and Substance Abuse in Hillsborough County,Florida
Issue Paper:Disproportionate Representation of Minority Students in Special Education Classes.
Briefing Paper: Services for Deaf and Hard-of-Hearing Children
Taking Control: A"How To"Guide for Indigent Health Care.
In-Home Services in Hillsborough County
Post-Adoption Services in Hillsborough County
Proposal to Establish a Child-Focused,Family-Centered System of Care for SED Students
Developing a Seamless Service System for Children and Families:A Facilitation Guide for Shared
Service Networks
Development of School-Linked Services:A Historical Perspective
Analysis of Child Care in Hillsborough
3
Attachment number 1 \nPage 5 of 6
Item # 21
USF-Area Weed and Seed Evaluation
City of Tampa Weed and Seed Evaluation
Child and Family Services Plan for Hillsborough and Manatee Counties
District 6 Alcohol,Drug Abuse and Mental Health Plan for 1993 - 1999
District 6 Alternate Care Plan
Child and Family Services Plan for District 6
Final Report of the Hillsborough County Needs Assessment Partnership(Edit Only)
Alternate Care Plan Update
Child and Family Services Plan Update
Hillsborough County Health Care Plan Study Committee Reports 2005 and 2010
Final Report Hillsborough County Living Wage Rask Force
2011 Juvenile Justice System Map and Prevention/Diversion Services in Hillsborough County
Grant Experience
By Type
Substance Abuse Prevention, Treatment, and Recovery; Mental Health; Child Welfare; Children's System
of Care, Service Integration, and Cross System Programming; Community/School-Based and In-Home
Services; Flexible Wraparound Services; Disease Management; Chronic Diseases Health Disparities;
Employment, Supported Employment, and Vocational Training; Juvenile Justice; Jail Overcrowding,
Diversion, and Rehabilitation Programs; Domestic and Family Violence; Drug Courts(Adult and Juvenile);
School Truancy, After-School Programs; Homelessness; Case/Care Management and Interagency Teams;
Emergency Shelter, Transitional Housing, Permanent Housing, Housing Vouchers; Group Homes and
Independent Living Programs; Information & Referral; Food and Emergency Shelter; Youth Service
Bureaus and School Liaison Officers; Law Enforcement Capacity-Building; Youth Legal Education;
Alternatives to Secure Detention.
By Population of Focus
Homeless Persons; Severe and Persistent Mentally Ill Persons; Persons with Mental Health and Substance
Abuse Issues; Runaway, Homeless, Street, and Unaccompanied Youth; Children/Families In Need of
Services including School Truants; Juvenile Justice,Child Welfare, and Cross Over Youth.Children/Youth
with Severe Emotional Disturbances and Their Families; Delinquents and Dependents, Adult and Child
Victims of Abuse and Violence; Alternative Education Students, Veterans, Female Offenders, Youthful
Offenders,People with HIV/AIDS;Juvenile Sex Offenders.
By Funder
US Department of Education; US Department of Labor; US Department of Health & Human Services
SAMHSA,ACY,CDC,HRSA,AoA);US Department of Justice(OJJDP,BJA,OVW);US Department of
Housing & Urban Development; US Department of Transportation — Metropolitan Planning Office;
Children's Board of Hillsborough County; Pinellas County Juvenile Welfare Board; Pinellas County
Government, Community Development Block Grants; Hillsborough County Government, Community
Development Block Grants; Robert Wood Johnson Foundation; Blue Foundation; Allegheny Foundation:
Florida Substance Abuse and Mental Health Corporation; Florida Department of Juvenile Justice; Florida
Department of Corrections;United Way of Tampa Bay.
4
Attachment number 1 \nPage 6 of 6
Item # 21
05/31/2012 16:33 FAX Lj 001
0 L 455 r 7 ?7- 56.2 • LIDS b
CITY OF CLEARWATER -APPLICATION FOR ADVISORY BOARDS
Name: J` A E
Home Address: Office Address:
Legg veppriolA) tr D( s/4
Zip 37„5 Zit)
Telephone:2,7 7- 692 - D a-f 7 S _Telephone:
Cell Phone: S4'7 E-mail Address: F I- PW. f JA)
06
6-P PA C Cvr t
How long a resident of Clearwater? 212 [
Occupation:5EL &V'1AOf •43 Employer: 6.„MI , 1JJ
Field of Education: Other Work Experience:
AA 1 0 orKe t l l D.yi25
Se-1 tt L r et ,,X&ID Herwr i-t try
If retired, former/occcupation
Community Activities: 'G e c
M •
y ,via c )
Other Interests: ! r
Board Service (current and past): Board Preference:
etc z'c P , 6-6--ae Y
is) -1814•60 rte!lf X71 or2fJ a3L -
Additional Comments:
t
Signed: r'L_. Date: 3I/e7D I a7
o mow
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 ••-rds r- •uirin% Cie, er reside,h this a• •Iicati• i st be •m•anied • = o• of
one of the foil,ino:
Current voter registration within city limits
Valid current Florida Drivers' License issued to an address within city limits CEIVED
Declaration of Domicile filed with the city clerk affirming residency within city I
JUN 01 2012
OFFICIAL RECORDS AND
LEGISLATIVE SRVCS DEPT
Attachment number 2 \nPage 1 of 2
Item # 21
05/31/2012 16:33 FAX X1002
BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and responsibilities?
AS5ic7 1n) T14'C- D C- , Yu/ i
Oc- S°t 7rre&IC PL..ws 7/ r/1
41/1 r rv-4ttra, &
Ty 62p9 pro frxr3,4_, 0,26/A
2. Have you ever observed a board meeting either in person or on C-View, the City's TV station?
r_ t- ye=a 601.)5-6 p CL 0/.1)4 9-6K .6 16 1I.6a(l111 A55
3. What background and/or qualifications do you have that you feel would qualify you to serve on
this Board?
I n5 ,k/6 6115 ,er, vc: 14; )07,d_5rteRS k& C I-0 405 AJ(S
A rte . r rr)te.5S Dhlotrre 113 CL-4.412
LP 7iAr7 ) g v i 06 6.64e6 c
4. Why do you want to serve on this Board?
LJB L A 1 u + JC 'Ta 7 C , r
P ifL S x, 11/1 . ,
Name: 7-6 Fi / G n1 f' )'>"
Board Name: iU 7r Kill?15 CbA1 r DE( E rb C}/'
AM1 61)6161) cf. A FFDK.t ze g i-tdSfif) AD 1
Attachment number 2 \nPage 2 of 2
Item # 21
Vc# r.
CITY OF CLEARWATER -APPLICATION FOR ADVISORY BOARDS
Name: CbYY1Qfl Q5)
me Ad ress Office Address:
4vrc S 5f 43 N
diett(Watr Q Zip 33 1A I\ Zip N
Telephone: 190" WQ ' Gc Telephone: N I-
Cell Phone:190 a' fo2r24 E-mail Address: OSUUCTOMO.
How long a re ident of Clearwater? E-9 h4 s w
Occupation: vvQk Employer: 42/AUFAFI Y rf
Field of Education: Other Work Experience:
eo( ctJ SQlarj__ OSCNICh S l ,vJ t41
CaSh Qf, Cus rnscr- S QvI , Om r
If retired, former occupation: IN/JO-
Community Activities:\jO(U 46( cbAS WI eiC'QO D, h a pi*.
JO r • •(UM.n -ilv QOUCQ Qs f O u s cn j.
Other Interests: ' WO' \°y ,Yl\'1tPd (O ScO4k Verge vi-14A Q
Board Service (current and past): Board Preference:
N I p.. a
Additional Comments: / .GU /2) &arec 4 an OPPa IQ 192‘a
d r d m '2 fir l ti ' C._• ' fir 2' 4
ja i, /Cv t%' 0 i d r i 0 ci cm
irr-
e th-.
Sign. •r- Date: q I 1c
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 RECEIVED
Declaration of Domicile filed with the city clerk affirming residency within city limits
1 7 2012shr
OFFICIAL RECORDS AND
LEGISLATIVE SRVCS DEPT
Attachment number 3 \nPage 1 of 2
Item # 21
BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and responsibilities?
Goa and Kewsibtet q l 1oard ate Jo le
LniAny,I Otrta > riwja AzIkr.i(L9 d&(CW 9 I1
Orit
a/0 40 tiqutaz oerittaw ard
14\Q c ' S /76
2. Have you ever observed a board meeting either in person or on C-View, the City's TV station?
d! I AS I .1!104). Pia d
0 .10 ‘,
09,44ILLe I if j.f (mad neigt/Owleo munA
3. What background and/or qualifications do you have that you feel would qualify you to serve on
this Board?
SIP/ at49 ite agnai- baw uxtr
LU i ,. / Sk o
lkdtai/zeo iittyeerrifiao citiaeam
asiai ;i2 - bp thiccd al t 1rnk hit' 11 Vim. A-)90(14)
A • ' C - raj Aserv• a, d c 1oi--2i t ,r) rt d
I07 .ter gr r f S hr clod
4. Why do you want to serve on this Board?
J9006
a,/n'n Vet3 crtuf,egad Sairofj cn th Wedihizerci Af%r
tigt2ths OciviSag extra/ bccita pozxa21 0 Ocwe w
ftiJSCwC . and cd Lix Xn w Pm) MO
Peroin (tin /2 cr ferCiabie G ?D anSft ilds
Name: larix ( 01/! 11
Board Name:l V J 69r it r te
haviA03 v 06orcl
Attachment number 3 \nPage 2 of 2
Item # 21
Name:
CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS
must be Clearwater resident)
Home Address:
an surd -k iZ
C k6A /c' 7E4 T L Zip 33 7
Telephone: W9-34/37/
Cell Phone: 4141E
How long a residertX Clearwater?
Occupation:
lL rEitztic%f
Fi of Education:
Li 5. , ASsbinIkri s %A i? O r)
oil 'L.FjiJ $o, ,E CD LIF
If retired, former occupation:
Community Activities: C u /(text `TIC ,WEk t) f S k14-1. E &14 l
e /2w.9% ,
5EE (77-ilE4 - ,,1) epok T V 1 %,z-ES
Other Interests:
Board Service (current and past): Board Preference:
114.66 ,9U 6-- 4 Pi Sty
C 2
Office Address:
Zip
Telephone:
E -mail Address:
2 D
Employer: /U 1 EL ;E/61
Other Work Experience:
60,011g4 / it i oie
BL. Al .t fees..4 `,112.1v6- .5-157f k's
10 .-L €. /Et. (/ oN 7- X/zit)
Addit ional Comments:2 AUSE - /'m 1f13ESG T OF l0 3E-ZA1f It)
2Z74 C r 462 ?4 1>-'144.Nf Ss -151 lifr t3o2/kc /R- (77:-Xl)f,efelAES .
Signatu Dais
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 f
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
r RECOkb.i AN.
LEGISLATIVE S ;VCS '
Attachment number 4 \nPage 1 of 2
Item # 21
BOARD QUESTIONNAIRE
1. What i your understanding of the board's duties and responsibilities?
a's/
3 / t 4) )2 t 0 I - Pj1;k { °2 IfC Lt t T p% Cl i ci, -'-' / C C ( /
ni r a 401Q//,( .Sz k 6)_4,1) f 1?10 oiciz le /19 edilte
f1— Qy NG/ C C4 17 Z o04i2S ILO C M4e6ter
2. Have you ever observed a board meeting either in person or on C -View, the City's TV station?
3. What background and/or qualifications do you have that you feel would qualify you to serve on
this Board?
Z1/1--,MA)-1- 6 F -ZA4-1C6E E.- 410
4. Why do you want to serve on this Board?
Nam
Board Name:
1-7 (/.A,7Zo)
Attachment number 4 \nPage 2 of 2
Item # 21
11 t
CITY OF CLEARWATER -APPLICATION FOR ADVISORY B IVE
Name: JD A (4k(L7 OCT 0 4 2012
Home Ad ress: Office Address: OFFICIAL RECORDS AND
tiii
1 6 7 LEGISLATIVE SRVCS DEPT
gioArLii—c-r
1 `'
7
Zip 7 q(--e Zip
Telephone: Telephone:
Cell Phone: I 2-sb q 7 1 z E-mail Address:
How long a resident of Cle ater?
11'
Z
Occupation: Q 1I1 I Employer:
Fie d of Education: Other Work Experience:
A, (6 k-
If retire' .rmer occupation: TIM / -0.---r—
Community Activities: t ` ii , a 44 I LAW 14 - WA 4
1 .i [, i 1_ .A .2. di PC' A) 4 . 1, Ll_/__ tr- 1, . `%r
tOtherInteress: ,& , l/i ffliM r M'.
i/LA ' ;v44
Board Service (current and past): B•Trd Preference:
91/t16 b/ '1 /, /1
Ali It ' ,.l
kt /2 W ~ C.' L-
Additional Comments:
f'\ , cik , 1 c 47: (A ( (A-ci y '.
7
Signature: Al _ Alb /FI /
OfII Date:
W
Z" 1/
See attached list for boards that require financial disclosure at time of appointment. Please return this
application and board questionnaire to the Official Records & Legislative Services Department, P. O. Box 4748,
Clearwater, FL 33758-4748, or drop off your application at City Hall, 2nd Floor, 112 S. Osceola Avenue.
Note: For boards requiring Clearwater residency, this application must be accompanied by a copy of
one of the following:
Current voter registration within city limits
Valid current Florida Drivers' License issued to an address within city limits
Declaration of Domicile filed with the city clerk affirming residency within city limits
Attachment number 5 \nPage 1 of 2
Item # 21
BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties a respo ibili ies?
r 6 2 rcifi . Dii.\,,,, q---.6t,
vy
2. Have you ever observed a board meeting either in person or on C-View, the City's TV station?
qth "
3. What background and/or qualifications do you have that you feel would qualify you to serve on
this Board?
eii-k4_ kr() Qi v5)04frit) (41`61-
VV`
4. Why do you want to serve on his-Board r
0AL, 'FCA/L-41
C
p, :y-- , _
cvv,4t,
i5 J f,
0Name:
Board Name: 6\c:,ii
O'-
fi /
1/4 ,(
97e
Attachment number 5 \nPage 2 of 2
Item # 21
CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS
Name: Ltd a 5. Va ro n 1 GI()
Home Address: Office Address: /VAPemrerVlla - e_ lea
G (ear ate r zip-3 Zip
Telephone: 7g7- 5-35--721 Telephone:
Cell Phone: 7aT ' `f'033" 7V c1 ) E -mail Address:
I Cx a 6CiA r ECO:e i 6 ^.` ...
How long a resident of Clearwater? - d C.`= Amp F--{
RV;
yer's
rece n}- Occupation: (r C. H e (i-1 Sah j f -r(ate\ El oyer: Florida. Deft j r cu )+urp
U .J
Field of Education: Other Work Experience:
b11Vt(-OnwI y1— S`f"ikfr`es) 1g -r. i.ne((as Cc urth1 DIec* c- :
rah level: env; ror w,e' -a.( (A voter i.S. ba(fvfimackirQm v
If retired, former occupation: fi€. 1 +(,, I h S ec r
Community Activities: 74,S•TTeavni.eade,r- - Fa,'1-G, 44ct,vel fe- —Stn9r b- e1ia, --
ar # () - .1 - .+ re Clubs . loo
Other Interests: Ell cti'd - l prd (- ctleiry','v h1 — G-ceilingit`G
Board Service (current and past): 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 6 \nPage 1 of 2
Item # 21
BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and responsibilities? `
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2. Have you ever observed a board meeting either in person or on C -View, the City's TV station?
3. What background and /or qualifications do you have that you feel would qualify you to serve on
this Board?
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4. Why do you want to serve on this Board?
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Name: Lise. d 5. Var (GA,
Board Name: re, me/i/NfaQ J 4u;sery
Attachment number 6 \nPage 2 of 2
Item # 21
CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS
Name: gAAQ://1(1" V44/12.
Home
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Adddress:
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Office.
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el Phone: E-mail Address:
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How long a resident of Clearwater?
etc
Occupation: Employer: (LLfahL-
Field of ucation: Other Work Experience: Gt/y--/7-AA/LeuGaJ
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if retired, former occupation:
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Community Activities:
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Other Interests:
Bp.rd Service current and past):
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Board Preference:
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Additional Comments:
signature: Date:6 - /O13
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
0 Valid current Florida Drivers' License issued to an address within city limits
1 Declaration of Domicile filed with the city clerk affirming residency within city limits
Attachment number 7 \nPage 1 of 2
Item # 21
BOARD QUESTIONNAIRE
1 . What is your understanding of the board's duties and responsibilities?
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l I ASI , • LL..., _,,_2 I i..
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2. Have you ever observed a board meeting either in person or on C-View, the City's TV station?
2.)
What background and/or qualifications do you have that you feel would qualify you to serve on
his Board?
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Why do you want to serve on this Board?
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Name: Vtit,e14 422_4/)/k/,..
Board Name:
Attachment number 7 \nPage 2 of 2
Item # 21
City Council Agenda
Council Chambers - City Hall
Meeting Date:11/7/2013
SUBJECT / RECOMMENDATION:
Amend Section 30.020 of the Clearwater Code of Ordinances to establish procedures for hearings before a local hearing officer for
red light camera violations, and pass Ordinance 8479-13 on first reading.
SUMMARY:
Amendments to Section 316.0083, Florida Statutes, provide the registered owner of the motor vehicle or the person
in physical control of the motor vehicle at the time the motor vehicle failed to stop at a red light being monitored by a
traffic infraction detector with the option of requesting a hearing before a local hearing officer to contest a notice of
violation issued pursuant to Section 316.0083, Florida Statutes.
Section 316.0083 requires the municipality issuing the notice of violation to designate a local hearing officer as
defined in Section 316.003(91), Florida Statutes, for the purpose of conducting a hearing pursuant to Section
316.0083. Section 316.0083 also establishes procedures for hearings before a local hearing officer and authorizes the
hearing officer at the conclusion of the hearing to require the violator to pay municipal costs not to exceed $250 in
addition to the current $158 penalty if the notice of violation is upheld.
Type:Operating Expenditure
Current Year Budget?:Yes Budget Adjustment:None
Budget Adjustment Comments:
Current Year Cost:Annual Operating Cost:
Not to Exceed:$5000 Total Cost:
For Fiscal Year:10012013 to 09302013
Appropriation Code Amount Appropriation Comment
010-01139-530100-521-000-
0000
$5000
Review Approval:
Cover Memo
Item # 22
Ordinance No. 8479-13
ORDINANCE NO. 8479-13
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
RELATING TO RED-LIGHT-CAMERA ENFORCEMENT;
AMENDING SECTION 30.020, CLEARWATER CODE OF
ORDINANCES, TO ESTABLISH PROCEDURES FOR
HEARINGS BEFORE A LOCAL HEARING OFFICER;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, amendments to Section 316.0083, Florida Statutes, contained in
House Bill 7125, provide the registered owner of the motor vehicle or the person in
physical control of the motor vehicle at the time the motor vehicle failed to stop at a red
light being monitored by a “traffic infraction detector” with the option of requesting a
hearing before a “local hearing officer” to contest a notice of violation issued pursuant to
Section 316.0083, Florida Statutes; and
WHEREAS, Section 316.0083, Florida Statutes, requires the municipality issuing
the notice of violation to designate a “local hearing officer” as defined in Section
316.003(91), Florida Statutes, for the purpose of conducting a hearing pursuant to
Section 316.0083; and
WHEREAS, Section 316.0083, Florida Statutes, establishes procedures for
hearings before a local hearing officer; and
WHEREAS, Section 316.0083(5)(e), Florida Statutes, authorizes the local
hearing officer at the conclusion of the hearing to require the violator to pay municipal
costs not to exceed $250 in addition to the current $158 penalty if the notice of violation
is upheld; now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Section 30.020, Clearwater Code of Ordinances, is hereby amended as
follows:
Sec. 30.020. Red light camera enforcement ordinance; hearings before a local
hearing officer.
(1) Intent. The purpose of this ordinance is to protect the health, safety, and welfare
of the citizens of the City of Clearwater, by specifically authorizing and implementing the
use of traffic infraction detectors, as prescribed by Laws of Florida, Chapter 2010-80,
within the city's jurisdictional limits.
(2) Use of traffic infraction detectors. The City of Clearwater hereby exercises its
option under Laws of Florida, Chapter 2010-80 (Sections 316.008(7) and 316.0083,
Attachment number 1 \nPage 1 of 3
Item # 22
Ordinance No. 8479-13 2
Florida Statutes (2010)) to use traffic infraction detectors within its jurisdiction and to
authorize a traffic infraction enforcement officer under Section 316.640, Florida Statutes
(2010) to issue a traffic citation for a violation of Section 316.074(1) or Section
316.075(1)(c)1., Florida Statutes (2010).
(3) Implementation of general law. The City Manager is authorized to take all steps
necessary to implement the provisions and requirements of Laws of Florida, 2010-80,
within this jurisdiction in coordination with the Clearwater Police Department. The
Clearwater Police Department shall be enabled by this ordinance to oversee the Red
Light Camera Enforcement Program on behalf of the City. This ordinance shall further
enable the City of Clearwater to enter into agreements with vendors authorized to carry
out services consistent with implementation and enforcement of the provisions of Laws
of Florida 2010-80.
(4) Use of a local hearing officer. A local hearing officer appointed by the city council
shall preside over hearings requested by a person issued a notice of violation pursuant
to Section 316.0083(1)(a), Florida Statutes. The local hearing officer shall be an
attorney at law admitted to the practice of law in the state and a member in good
standing with the Florida Bar Association. The following procedures shall apply to
hearings before a local hearing officer:
(a) Any person who elects to request a hearing before a local hearing
officer pursuant to Section 316.0083(1)(b), Florida Statutes, herein referred to as
the "petitioner," shall be scheduled for a hearing by the city clerk to appear
before the local hearing officer with notice to be sent to the petitioner by first-
class mail.
(b) The traffic infraction enforcement officer shall provide a replica of the
traffic notice of violation data to the city clerk within 14 days from the date the city
clerk receives the petitioner’s request for a hearing.
(c) Upon receipt of the notice of the hearing scheduled before the local
hearing officer, the petitioner may reschedule the hearing once by submitting a
written request to reschedule to the city clerk, at least 5 calendar days before the
day of the originally scheduled hearing.
(d) The petitioner may cancel his or her appearance before the local
hearing officer by paying the penalty assessed under Section 316.0083, Florida
Statues, plus $50 in administrative costs, before the start of the hearing.
(e) All testimony at the hearing shall be under oath and shall be recorded.
The local hearing officer shall take testimony from a traffic infraction enforcement
officer and the petitioner, and may take testimony from others. The local hearing
officer shall review the photographic or electronic images or the streaming video
made available under Section 316.0083, Florida Statutes. Formal rules of
Attachment number 1 \nPage 2 of 3
Item # 22
Ordinance No. 8479-13 3
evidence do not apply, but due process shall be observed and govern the
proceedings.
(f) At the conclusion of the hearing, the local hearing officer shall
determine whether a violation under Section 316.0083(1)(a), Florida Statutes,
has occurred; in which case, the hearing officer shall uphold or dismiss the
violation. The local hearing officer shall issue a final administrative order
including the determination and, if the notice of violation is upheld, require the
petitioner to pay the penalty assessed pursuant to Section 316.0083, Florida
Statutes, and may also require the petitioner to pay city costs, not to exceed
$250. The final administrative order shall be mailed to the petitioner by first-class
mail.
(g) An aggrieved party may appeal a final administrative order consistent
with the process provided under Section 162.11, Florida Statutes.
Section 2. 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:
__________________________ ____________________________
Robert J. Surette Rosemarie Call
Assistant City Attorney City Clerk
Attachment number 1 \nPage 3 of 3
Item # 22
City Council Agenda
Council Chambers - City Hall
Meeting Date:11/7/2013
SUBJECT / RECOMMENDATION:
City Manager Verbal Reports
SUMMARY:
Review Approval:
Cover Memo
Item # 23