03/02/2006
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City Council Agenda
Date: 03/02/2006 6: 00 PM
Location: Council Chambers - City Hall
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 (righthand 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 Introductions and Awards
5 Presentations:
5.1 Got Gov Graduates
5.2 Clearwater Veterans' Appreciation Day
6 Approval of Minutes
6.1 February 16, 2006
6.2 Special Meeting - February 13, 2006
7 Citizens to be Heard re Items Not on the Agenda
Public Hearings - Not before 6:00 PM
8 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
8.1 Approve amendments to Beach by Design: A Preliminary Design for Clearwater Beach
and Design Guidelines (BBD) that revise uses, building heights, stepbacks, setbacks,
landscaping and parking access for the Old Florida District; that eliminate the live/work
product in the Marina Residential District; that increase the maximum density for
overnight accommodations; and that clarify the transfer of development rights
provisions and Pass Ordinance 7546-06 on first reading.
8.2 Continue to March 16,2006 approval of amendments to the Community Development
Code relating to the Neighborhood Conservation Overlay District (NCOD) & Ordinance
No. 7582-06 on first reading.
9 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).
City Council discussion, and may question any witness.
Applicant may call witnesses in rebuttal (5 minutes).
Conclusion by applicant (3 minutes).
Decision.
9.1 Approve the Petition for Annexation, Future Land Use Plan Amendment from the
County Residential Urban (RU) Category to the City Residential Urban (RU) Category
and Zoning Atlas Amendment from the County R-4, Single-Family Residential District to
the City Low Medium Density Residential (LMDR) District for 2066 The Mall (Lot 1,
Block G, Brooklawn Subdivision in Section 3, Township 29 South and Range 15 East);
and Pass Ordinance 7588-06, 7589-06 & 7590-06 on first reading.
9.2 Approve the Future Land Use Plan Amendment from the Residential High (RH)
Category to the Resort Facilities High (RFH) Category and Zoning Atlas Amendment
from the Medium High Density Residential (MHDR) District to the Tourist (T) District in
the Old Florida District as defined in Beach by Design: A Preliminary Design for
Clearwater Beach and Design Guidelines and Pass Ordinance 7547-06 and 7548-06 to
amend the Future Land Use Plan Map and Zoning Atlas on first reading.
(LUZ2005-10013)
10 Second Readings - public hearing
10.1 Adopt Ordinance 7597-06 on second reading, repealing Chapter 30, Article V.
Clearwater Code or Ordinances, relating to tolls on the Clearwater Pass Bridge.
10.2 Adopt Ordinance 7601-06 on second reading, vacting that part of the five-foot drainage
and utility easement lying along the west property line of Lot 1, Block A, Bayside
Subdivision Number 5.
10.3 Adopt Ordinance 7602-06 on second reading, vacating the triangular blanket storm
sewer easement lying west of lot 21 , Sue Barco subdivision, subject to an existing
30-inch storm sewer easement lying along and across said property.
10.4 Adopt Ordinance 7583-06 on second reading, vacating the 15-foot utility easement
located between the easterly right-of-way line of Belcher Rd., and the north property
line of Lot 95, Village on the Green Patio Homes Subdivision.
10.5 Adopt Ordinance 7585-06 on second reading, annexing certain real property whose
post office address is 3012 Grand View Avenue, into the corporate limits of the City,
and redefining the boundary lines of the City to include said addition.
10.6 Adopt Ordinance 7586-06 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 3012 Grand View Avenue, upon annexation
into the City of Clearwater as Residential Low.
10.7 Adopt Ordinance 7587-06 on second reading, amending the Zoning Atlas of the City by
zoning certain real property whose post office address is 3012 Grand View Avenue,
upon annexation into the City of Clearwater, as Low Medium Density Residential
(LMDR).
City Manager Reports
11 Consent Agenda
11.1 Approve settlement of the liability claim of Deana Auld and authorize payment of
$32,844.88. (consent)
11.2 Approve increasing the award by purchase order to Williams Scotsman, Inc. for a
custom modular building at the Clearwater Airpark to $243,000 and authorize the
appropriate officials to execute same. (consent)
11.3 Declare as surplus and authorize trade-in G2323, 2000 New Holland TS11 0 wi Motrim
26' boom and 60" rotary cutter; award a contract to Alamo Direct Govt. Sales for the
purchase of one John Deere 7220 tractor with Alamo Maverick 30' Boom with 60"
rotary cutter for $93,564.08 and authorize the lease purchase of the tractor. (consent)
11.4 Approve a 5-year Management Agreement with Robert E. and Patricia A. Smith,
husband and wife, to oversee 444 acres, more or less, of City-owned agricultural lands
in Sections 19 and 20, Township 27 South, Range 17 East, Hillsborough County,
Florida, in consideration of the undertakings, promises and agreements contained
therein, and authorize appropriate officials to execute same. (consent)
11.5 Accept a perpetual Sidewalk Easement containing 50 square feet, more or less, and a
perpetual Sanitary and Utility Easement containing 1,490 square feet, more or less,
over respective portions of Lots 3, 4 and 21, LONGVIEW SUB., conveyed by Liberty
Bank, a Florida corporation, in receipt of $1.00 and the benefits to be derived
therefrom. (consent)
11.6 Accept a perpetual 10-foot Fire Hydrant and Utility Easement over and across a portion
of the North 240 feet of Lot 1, SUNSET OAKS, conveyed by Luverne M. Loken, as
Trustee of the Luverne M. Loken Trust dated May 12, 1994, in receipt of $1.00 and the
benefits to be derived therefrom. (consent)
11.7 Approve a Contract For Sale of Real Property with Pinellas Habitat For Humanity, Inc.
("Habitat") to sell real property legally described as SPRINGFIELD SUBDIVISION,
Block 2, Lot 5 for the sum of $47,500, and authorize appropriate officials to execute
same, together with related instruments required to effect closing. (consent)
11.8 Ratify and confirm Change Order No.1 to A & L Underground, Inc. of Largo, Florida for
the Stevenson Creek Water Main Replacement Contract (04-0037-UT), increasing the
contract amount by $225,538.50, for a new total of $648,569.90 and approve a time
extension of 18 days. (consent)
11.9 Approve Change Order #3 to MYRTLE AVENUE ROADWAY AND DRAINAGE
IMPROVEMENTS (00-0034-EN) to Westra Construction Co. of Palmetto, Florida for an
increase of $172,862.96 for a new contract total of $13,991 ,284.86. (consent)
11.10 Appoint Charles A. Cashman to the Marine Advisory Board with the term expiring on
March 31, 2010.
12 Other items on City Manager Reports
12.1 Approve submission of an application for federal funding in the amount of $66,807 to
the U.S. Department of Justice/Bureau of Justice Assistance (USDOJ/BJA) under the
Edward Byrne Memorial Justice Assistance Grant (JAG) program
12.2 Approve an Interlocal Agreement with Pinellas County for the establishment and
operation of an Advanced Traffic Management System/lntelligent Transportation
System (A TMS/lTS)and authorize the appropriate officials to execute same.
12.3 Pass Ordinance 7598-06 on first reading, amending Ordinance 7371-05 vacating the
60-foot portion of the right-of-way of First Avenue, bounded on the east by a line 18
feet west of and parallel to the westerly right-of-way line of Coronado Drive and
bounded on the west by the easterly right-of-way line of Gulf View Boulevard as more
particularly described in the ordinance; subject to special conditions; amending the
special conditions.
12.4 Approve a Work Order from the City of Clearwater to Owen Ayres & Associates, Inc.
(EOR) to redesign the Clearwater Beach West Bridge/Spur Connector project for a
lump sum amount of $175,000.00 and authorize the appropriate officials to execute
same.
12.5 Approve the collective bargaining agreement as negotiated between the City of
Clearwater and CWA Local 3179 for Fiscal Years 2005/06,2006/07, and 2007/08.
12.6 Approve a Streetscape Maintenance Memorandum of Agreement with the Florida
Department of Transportation, District Seven, so that aesthetic improvements can be
made to a portion of SR 60 (the east entrance to the Memorial Causeway Bridge and
770 feet west of the Memorial Causeway Bridge) and Adopt Resolution 06-13
authorizing execution of said Streetscape Maintenance Memorandum of Agreement.
12.7 Approve a ten-year agreement from April 1, 2006 - March 31, 2016, between the City
of Clearwater and the Fastpitch Learning Academy, Inc., for the use of certain City
facilities at the Eddie C. Moore Softball Complex (fields 8 and 9) and authorize the
appropriate officials to execute same.
12.8 Adopt Resolution 06-16, authorizing City Manager William Horne, and naming
Emergency Manager William Vola as alternate authority, to execute requests for State
and Federal Disaster preparedness, planning, response, and recovery funds, grants,
and reimbursements.
12.9 Appoint one member to the Community Development Board with the term expiring on
February 28, 2010.
13 City Attorney Reports
13.1 Provide direction regarding settlement proposal from Allen Stowell relating to billboard
located at 2815-2817 Gulf-to-Bay Boulevard.
14 City Manager Verbal Reports
15 Council Discussion Items
15.1 PST A Transfer Station
15.2 PSTA Recommendation on $3m Study Allocation
16 Other Council Action
17 Adjourn
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Interoffice Correspondence Sheet
TO: Mayor and Councilmembers
FROM: Cyndie Goudeau, City Clerk
SUBJECT: Follow up from February 27,2006 Work Session
COPIES: William B. Horne, City Manager
DATE: February 28,2006
AQenda City Council Meeting 03-02-06: Agenda provided.
Pres 5.2 Clearwater Veterans' Appreciation Day: Item added to agenda.
Minutes 6.1 Minutes from City Council Meeting 02-16-06: Item added to agenda and paperwork
provided.
Item 8.1 Approve amendments to Beach by Design, and Pass Ordinance 7546-06 on first
reading. Revised Ordinance will be provided as soon as available.
Item 11.10 Appoint Charles A. Cashman to the Marine Advisory Board with the term expiring on
03-31-2010: Revised memo provided.
Item 12.5 Approve the collective bargaining agreement as negotiated with CWA Local 3179 for
FY's 05/06,06/07 & 07/08. Paperwork provided.
Item 12.7 Approve a 10-yr agreement with Fastpitch Learning Academy, Inc for the use of certain
City facilities at the Eddie C Moore Softball Complex (fields 8 & 9). Agreement
provided to Council Members.
Item 12.9 Appoint one member to the Community Development Board with the term expiring on
02-28-2010. Item added to agenda and paperwork provided.
1 of 1
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Interoffice Correspondence Sheet
To:
Mayor and Councilmembers
From:
Cyndie Goudeau, City Clerk
Bill Horne, City Manager; Garry Brumback, Asst. City Manager; Rod Irwin,
Asst. City Manager; Pam Akin, City Attorney
March 02, 2006
Agenda Packet for 03-02-06
CC:
Date:
RE:
The following changes/additions are provided:
. Revised Meetinq Aqenda for 03-02-06 City Council Meeting. Agenda provided.
· Item 6.2 - Minutes for 02-13-06 Special Meeting. Added to agenda and minutes
provided.
· Item 8.1 - Approve amendments to Beach by Design and Pass Ordinance #7546-06
on 1 st reading. Revised Ordinance #7546-06 provided.
· Item 13.1 - Provide direction regarding settlement proposal from Allen Stowell
relating to Gulf To Bay Blvd billboard. Additional paperwork (7-13-2000 Order
Staying Removal in Allan J. Stowell v. FOOT) provided.
. Item 15.1 - PSTA Transfer Station. Item added to agenda.
· Item 15.2 - PST A Recommendation on $3m Study Allocation. Item added to
agenda.
Memo to Council for 03-02-06 CC Mtg - revisions.doc
City Council
Cover Memorandum
?LD-\
8, l
Tracking Number: 1,938
Actual Date: 03/02/2006
Subject / Recommendation:
Approve amendments to Beach by Design: A Preliminary Design for Clearwater Beach and
Design Guidelines (BBD) that revise uses, building heights, stepbacks, setbacks, landscaping
and parking access for the Old Florida District; that eliminate the live/work product in the Marina
Residential District; that increase the maximum density for overnight accommodations; and that
clarify the transfer of development rights provisions and Pass Ordinance 7546-06 on first
reading.
Summary:
. The Planning Department began a study of the Old Florida District in 2005 as directed by the
City Council in order to address the discrepancy between the area's zoning and land use patterns
and that which was recommended for development in BBD.
. Subsequent to the ideas generated by four public meetings in the Old Florida District and
input from City Council at Work Sessions on August 29, 2005 and January 19, 2006, revisions
were developed relating to uses, building heights, stepbacks, setbacks, landscaping and parking
access for the Old Florida District.
. Due to lack of clarity regarding the definition of a live/work product and the apparent lack of
market for such uses on the Beach, the Planning Department is proposing to eliminate the
live/work product reference in the Marina Residential District.
. In order to assist in the development of new hotels, the Planning Department is proposing to
increase the maximum permitted density for overnight accommodations on Clearwater Beach
from 40 to 50 units per acre.
. The Department is also proposing revisions to the transfer of development rights provisions
(TDR) to allow unlimited use of TDR for hotel development. Furthermore, restrictions are
proposed to limit the transfer of the additional hotel density granted by the proposed
amendments.
The Planning Department determined that the BBD amendments are 1) consistent with and
further the goals, policies and objectives of the Comprehensive Plan; and 2) further the
purposes of the Code and other City ordinances and actions designed to implement the Plan.
Please refer to the attached staff report for the complete staff analysis.
The Community Development Board (CDB) will review the proposed amendment at its regularly
scheduled meeting on February 21, 2006. The Planning Department will report the
recommendations of the CDB at the City Commission meeting.
Originating: Planning
Section Administrative public hearings
Cateqorv: Annexations, Land Use Plan and Zoning
Number of Hard Copies attached: 0
Public Hearing: Yes
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City Council
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Advertised Dates: 02/06/2006
03/06/2006
Financial Information:
Review Approval
Gina Clavton
Leslie DouQall-Sides
02-13-2006 12:04:45
02-17-2006 10:07: 18
02-13-2006 12:11:45
02-16-2006 08:06:27
02-14-2006 09:56:58
02-16-2006 16:45:59
Cvndie Goudeau
Michael Delk
Garrv Brumback
.Bill Horne
'Rs~ 8.L
ORDINANCE NO. 7546-06
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA
MAKING AMENDMENTS TO BEACH BY DESIGN: A
PRELIMINARY DESIGN FOR CLEARWATER BEACH AND
DESIGN GUIDELINES; BY AMENDING SECTION II. FUTURE
LAND USE, SUBSECTION A. THE "OLD FLORIDA" DISTRICT
BY REVISING THE USES, BUILDING HEIGHTS, STEPBACKS,
SETBACKS, LANDSCAPING AND PARKING ACCESS
ALLOWED IN THE DISTRICT; BY AMENDING SECTION II.
FUTURE LAND USE, SUBSECTION C. MARINA RESIDENTIAL
DISTRICT BY DELETING THE REFERENCE TO A L1VE/WORK
PRODUCT; BY AMENDING SECTIONS V.B AND VILA BY
CLARIFYING TRANSFER OF DEVELOPMENT RIGHT
PROVISIONS; BY INCREASING ALLOWABLE RESORT/
OVERNIGHT ACCOMMODATIONS DENSITY FROM 40 TO 50
UNITS PER ACRE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the economic vitality of Clearwater Beach is a major contributor to the
economic health of the City overall; and
WHEREAS, the public infrastructure and private improvements of Clearwater Beach
are a critical part contributing to the economic vitality of the Beach; and
WHEREAS, substantial improvements and upgrades to both the public infrastructure
and private improvements are necessary to improve the tourist appeal and citizen
enjoyment of the Beach; and
WHEREAS, the City of Clearwater has invested significant time and resources in
studying the Old Florida District of Clearwater Beach; and
WHEREAS, Beach by Design, the special area plan governing Clearwater Beach,
contains specific development standards and design guidelines for areas of Clearwater
Beach that need to be improved and/or redeveloped; and
WHEREAS, Beach by Design was not clear with regard to the "preferred uses" and
was not reflective of the existing uses located in the Old Florida District of Clearwater
Beach,and
WHEREAS, Beach by Design limited overnight accommodations greater than the
Comprehensive Plan and the City of Clearwater desires to incentivize new overnight
accommodation development; and
WHEREAS, Transfer of Development Rights (TDR) need further clarification in
Beach by Design; and
Ordinance No. 7546-06 1
WHEREAS, the City of Clearwater has the authority pursuant to Rules Governing
the Administration of the Countywide Future Land Use Plan, as amended, Section
2.3.3.8.4, to adopt and enforce a specific plan for redevelopment in accordance with the
Community Redevelopment District plan category, and said Section requires that a special
area plan therefore be approved by the local government; and
WHEREAS, the proposed amendment to Beach by Design has been submitted to
the Community Development Board acting as the Loca! Planning Authority (LPA) for the
City of Clearwater; and
WHEREAS, the Local Planning Agency (LPA) for the City of Clearwater held a duly
noticed public hearing and found that amendments to Beach by Design are consistent with
the Clearwater Comprehensive Plan; and
WHEREAS, Beach by Design was originally adopted on February 15, 2001 and
subsequently amended on December 13, 2001, now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Beach by Design: A Preliminary Design for Clearwater Beach and
Design Guidelines, Section II. Future Land Use, Subsection A. The "Old Florida"
District, is amended as follows:
A. The "Old Florida" District
The Old Florida District. which is the area between /\c3cia the rear lot lines of property
on the north side of Somerset Street and Rockaway Street. is an area of transition
between resort uses in Central Beach to the low intensity residential neighborhoods to
the north of Acacia Street. Existing uses are generally the same 3S the balance of the
Be3ch. Howe'.'er, the scale and intensity of tho area, v.'ith relatively fe'# exceptions, is
substantially less than comparable areas to the south. The mix of uses primarily
includes residential. recreational. overniqht accommodations and institutional uses.
Given the area's location and historical development patterns. this area should continue
to be a transitional District. To that end. Beach by Desiqn supports the development of
new overniqht accommodations and attached dwellinqs throuqhout the District with
limited retail/commercial and mixed use development frontinq Mandalay Avenue
between Bay Esplanade and Somerset Street. It also supports the continued use and
expansion of the various institutional and public uses found throuqhout the District.
To ensure that the scale and character of development in Old Florida provides the
desired transition between the adiacent tourist and residential areas. enhanced site
desiqn performance is a priority. Beach by Desiqn contemplates qreater setbacks
and/or buildinq stepbacks and enhanced landscapinq for buildinQs exceedinQ 35 feet in
heiqht. The followinq requirements shall apply to development in the Old Florida District
Ordinance No. 7546-06 2
and shall supersede any conflictinq statements in Section VII. Desiqn Guidelines and
the Community Development Code:
1. Maximum Buildinq Heiqhts.
a. Buildinqs located on the north side of Somerset Street shall be permitted
a maximum buildinq heiqht of 35 feet;
b. Buildinqs located on the south side of Somerset Street and within 60 feet
of the southerly riaht-of-way line of Somerset Street shall be permitted a
maximum buildina heiaht of 50 feet; and
c. Property throuahout the remainder of the Old Florida District shall be
permitted a maximum buildina heiaht of 65 feet.
2. Minimum Reauired Setbacks.
a. A 15 foot front setback shall be reauired for all properties throuqhout the
District. except for properties frontina on Mandalay Avenue. which may
have a zero (0) foot front setback for 80% of the property linef.1:ulcf'except
for properties 35 feet and ,below in heiaht: and
b. A ten (10) foot side and rear setback shall be reauired for all properties
throuqhout the District. except for properties frontina on Mandalay
Avenue. which may have a zero (0) foot side setback and a ten (10) foot
rear setback.
3. Reauired Buildinq Stepbacks or Alternative Increased Setbacks for Buildinas
Exceedinq 35 Feet in Heiaht.
a. Buildinq stepback means a horizontal shiftinq of the buildina massinq
towards the center of the buildina.
b. Anv development exceedina 35 feet in heiqht shall be reauired to
incorporate a buildina stepback on at least one side of the buildinq (at a
point of 35 feet) ~ir an increased setback on at least one side of the
buildinq in compliance with the ratios provided in Section A.3.f. Additional
stepbacks and/or setbacks may be reauired to provide additional
separation between buildinqs and/or to enhance view corridors.
c. All properties (except those frontina on Mandalay Avenue) which front on
a riaht-of-way that runs east and west. shall provide a buildina stepback
on the front side of the buildina, or an increased front setback in
compliance with the ratios provided in Section A.3.f. Additional stepbacks
and/or setbacks may be reauired to provide additional separation between
buildinas and/~r to enhance view corridors.
Ordinance No. 7546-06 3
d. All properties (except for properties frontina on Mandalay Avenue) which
front on a riaht-of-wav that runs north and south. shall provide a buildinq
stepback on the side of the buildina or an increased side setback in
compliance with the ratios provided in Section A.3.f. Additional stepbacks
and/or setbacks may be required to provide additional separation between
buildinas and/or to enhance view corridors.
e. Properties frontina on Mandalay Avenue must provide a buildina stepback
on the front side of the buildina or an increased front setback in
compliance with the ratios provided in Section A.3.f. Additional step backs
and/or setbacks may be required to provide additional separation between
buildinas and/or to enhance view corridors.
f. Stepback/Setback Ratios
(1) For properties frontinq on streets that have a riqht-of-way width less
than 46 feet. the stepback/setback/heiaht ratio is one (1) foot for
every two (2) feet in buildina heiaht above 35 feet:
(2) For properties frontina on streets that have a riaht-of-way width
between 46 and 66 feet. the stepback or setback/heiaht ratio is one
(1) foot for every two and one-half (2.5) feet in buildinq heiqht
above 35 feet: and
(3) For properties frontinQ on streets that have a right-of-way width of
areater than 66 feet. the step back or setback/height ratio is one (1)
foot for every three (3) feet in buildina heiaht above 35 feet.
4. Flexibility of Setbacks/Stepbacks for Buildinas in Excess of 35 Feet in Heiaht.
a. Setbacks
(1) Except for properties frontina on Mandalav Avenue. a maximum
reduction of five (5) feet from anv required setback may be
possible if the decreased setback results in an improved site plan.
landscapinq areas in excess of the minimum required and/or
improved desian and appearance: and
(2) To ensure that unimpaired access to mechanical features of a
buildina is maintained. a minimum five (5) foot unobstructed
access must be provided alonq the entire side setback of
properties. except those for those properties frontina on Mandalay
Avenue where a zero (0) foot setback is permissible; and
(3) Setbacks can be decreased at a rate of one (1) foot in required
setback per two (2) feet in additional required stepback, if desired.
Ordinance No. 7546-06 4
b. Stepbacks
(1) A maximum reduction of five (5) feet from any required buildino
stepback may be possible if the decreased buildina stepback
results in an improved site plan. landscapino areas in excess of
the minimum required and/or improved desiqn and appearance.
(2) Buildino stepbacks can be decreased at a rate of two (2) feet in
stepback per one (1) foot in additional required setback. if
desired.
5. Flexibility of Setbacks for Buildinas 35 Feet and Below in Heiaht.
a. A maximum reduction of ten (10) feet from any required front efrisat'
setback and a maximum reduction of five (5) feet from any side setback
may be possible if the decreased setback results in an improved site plan.
landscapino areas in excess of the minimum required and/or improved
desion and appearance; and
b. A maximl.,Jm reduQtion of five (5) feet from: any reauired.. r~ar. setba~i for
builQingsand a. maximum reduction df.ten:( 1 OJ feet from any'r,guitidrear
setback :Jor. . accessory... at-grade structures may. be .:.ooss.Ett,i.if:the
decreased setback results in an improved siteplaij~:land$C8j;)iiii7:t;lreas:;;iA
excess 6f the minimum required and/or improved desian anc.f::aDOearance;
and
c. In all cases. a minimum five (5) foot unobstructed access must be
provided alona the side setback of properties. except for those properties
frontino Mandalay Avenue where a zero (0) foot setback is permissible.
6. Landscape Buffers
a. A ten (10) foot landscape buffer is required ala no the street frontaoe of all
properties. e~cep~ for. that portion. of a Prop~rty fr<?~t,inq ?" ..~~~dalay
Avenue". and:exc~ptifor prop,~::3pf~et andE~elow,jn heightthat:may
be granted fleXibility in ... tlie~:ijjg(Jired:'~etback. . iii whic~ case the entire
setback shall be+landscaoeCl:ana
b. For that portion of a property frontina on Mandalay Avenue. a zero (0) foot
setback may be permissible for 80% of the property frontaae. The
remainina 20% property frontaae is required to have a landscaped area
for a minimum of five (5) feet in depth. The 20% may be located in
several different locations on the property frontaae, rather than placed in
only one location on the property frontaae.
Ordinance No. 7546-06 5
7. ParkinQNehicular Access
Lack of parkinq in the Old Florida District may hinder revitalization efforts. A shared
parkinQ strateqy may be pursued in order to assist in redevelopment efforts.
For those properties frontinq on Mandalay Avenue. off-street parkinq access is
required from a side street or alley and not from Mandalay Avenue.
The mix of usos in the District favors rosidontial more than othor parts of Clearv/ator
Boach and rotail uses are primarilv neiqhborhood servinQ usos. Given the area's
location and existinq conditions. Boach by Desiqn oontomplates the ronoyation and
revitalization of existinq improvomonts with limited now construction 'lIhore renovation is
not practical. NO'1I sinqle family dwellinqs and to'.\'nhouses are tho preferred form of
dovelopment. Densities in tho area should be qenorallv limited to the donsity of existinq
improvomonts and buildinq height should bo lov/ to mid riso in accordance '."lith tho
Community Dovolopment Code. Lack of parkinq in this area may hinder revitalization
of existinq improvemonts particularlv on Bav Espkmado. ^ shared parkinq stratoq'l
should be pursuod in ordor to assist revitalizations efforts.
***********
Section 2. Beach by Design: A Preliminary Design for Clearwater Beach and
Design Guidelines, Section II. Future Land Use, Subsection C. "Marina Residential"
District, is amended as follows:
******
In the event that lot consolidation under one owner does not occur, Beach by
Design contemplates the City working with the District property owners to issue a
request for proposal to redevelop the District in the consolidated manner identified
above. If this approach does not generate the desired consolidation and
redevelopment, Beach by Design calls for the City to initiate a City Marina DRI in
order to facilitate development of a marina based neighborhood subject to property
owner support. If lot consolidation does not occur within the District, the maximum
permitted height of development east of East Shore will be restricted to two (2)
stories above parking and between Poinsettia and East Shore could extend to four
(4) stories above parking. An additional story could be gained in this area if the
property ':.'as developed as a live/work product.
******
Section 3. Beach by Design: A Preliminary Design for Clearwater Beach and
Design Guidelines, Section V. Catalytic Projects, Subsection B. Community
Redevelopment District Designation, is amended as follows:
******
Ordinance No. 7546-06 6
Beach by Design recommends that the Comprehensive Plan of the City of
Clearwater be amended to designate central Clearwater Beach (from the rear lot
lines of property on the north side of Somerset /\c3ci3 Street to the Sand Key
Bridge, excluding Devon Avenue and Bayside Drive) as a Community
Redevelopment District and that this Chapter of Beach by Design be incorporated
into the Comprehensive Plan and submitted for approval to the Pinellas County
Planning Council (PPC) and the Pinellas County Commissioners sitting as the
Countywide Planning Authority. In addition, Beach by Design recommends that the
use of Transfer of Development Riahts {TDRs) under the provisions of the Desian
Guidelines contained in Section VIII of this Plan and the City's land development
regulations be encouraged within the Community Redevelopment District to achieve
the objectives of Beach by Design and the PPC Designation.
Section 4. Beach by Design: A Preliminary Design for Clearwater Beach and
Design Guidelines, Section VII. Design Guidelines, Subsection A. Density, is amended
as follows:
A. Density
Tho gross donsity of residential dovolopmont shall not oxcood 30 d'l.'elling units
per acre, unless 3ddition31 density is transf.errod from other locations on Clo3rwator
Boach. Ordinarily, resort density '.ViII bo limited to 40 units por 3cro. Hmvever,
additional density can bo addod to 0 resort either by tram:f.orrod dovolopmont rights
or if by way of tho provisions of the community rodovelopment district (CRD)
designation. Nonresidontial density is limited by Pinollas County Planning Council
intonsity standards.
The maximum permitted density of residential development shall be 30 dwellina
units per acre. Throuah the use of transfer of development riahts (TDRs) from other
property located within the Clearwater Beach Community Redevelopment District.
the maximum permitted density for residential development may be increased by not
more than 20 percent.
Historically the maximum permitted density for overniaht accommodation uses
has been 40 units per acre. In order to assist in the redevelopment of Clearwater
Beach. the maximum permitted density in Beach by Desian shall be 50 units per
acre.* It also allows this maximum density of 50 units per acre to be exceeded
throuah the use of TDRs from other properties located within the Clearwater Beach
Community Redevelopment District in compliance with the followina provisions:
1. The amount of TDRs used for resorts/overniaht accommodation proiects
shall not be limited provided such proiects can demonstrate compliance with
the provisions of this Plan, the Community Development Code and
concurrency reauirements.
Ordinance No. 7546-06 7
2. Any TORs aained from the additional 10 overniaht accommodation units per
acre authorized by this section of Beach by Desian shall only be used for
overniaht accommodation uses. The conversion of such density to another
use is prohibited.
Beach by Desian also supports the allocation of additional density for resort
development throuah the density pool established in Section V.B. of this Plan. The
maximum permitted floor area ratio for nonresidential development is limited to 1.0
pursuant to the Pinellas County Plannina Council intensity standards.
*When Beach by Desian was oriainally adopted. the allowable density for resorls/overniaht
accommodations was 40 units per acre. That density was increased to 50 units per acre throuah
Ordinance No. 7546-06. References to 40 units per acre are still evident in Section V.B. Community
Redevelopment District Desianation and have not been chanaed because that was the density in
place when the oriainal analysis was conducted.
Section 5. Beach by Design, as amended, contains specific development
standards and design guidelines for areas of Clearwater Beach that are in addition to
and supplement the Community Development Code; and
Section 6. The City Manager or designee shall forward said plan to any agency
required by law or rule to review or approve same; and
Section 7. It is the intention of the City Council that this ordinance and plan and
every provision thereof, shall be considered severable; and the invalidity of any section
or provision of this ordinance shall not affect the validity of any other provision of this
ordinance and plan; and
Section 8. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard
Mayor
Ordinance No. 7546-06 8
Approved as to form:
Attest:
Leslie Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No. 7546-06 9
CDB Meeting Date:
Case Number:
Ord. No.:
Agenda Item:
February 21, 2006
Amendment to Beach bv Design
7546-06
D-l
CITY OF CLEARWATER
PLANNING DEPARTMENT
STAFF REPORT
REQUEST:
Amendment to Beach by Design: A Preliminary Design for
Clearwater Beach and Design Guidelines (Beach by Design)
City of Clearwater Planning Department
INITIATED BY:
BACKGROUND:
Beach by Design, the special area plan governing development on Clearwater Beach,
established eight distinct districts within the Beach area to govern land use. The Old
Florida District is the most northern area governed by the Plan. It is comprised of 39.4
acres of land and is bounded by the Gulf of Mexico on the west, Clearwater Harbor on
the east, Rockaway Street on the south and the rear property line of the properties
fronting the north side of Somerset Street (see Old Florida District Boundaries Map).
Beach by Design describes the Old Florida District as an area of transition between resort
uses to the south to the low intensity residential neighborhoods to the north. The Plan
supports the renovation and limited redevelopment of this area based on existing
conditions and identifies new single family dwellings and townhouses as the preferred
form of development.
In 2004, the Planning Department prepared a review of a portion of the Old Florida
District. The review identified discrepancies between the area's zoning and land use
patterns as well as inconsistencies between the Old Florida District provisions and the
underlying zoning. These inconsistencies make the administration of land development
provisions difficult in the Old Florida District and result in unrealistic or uncertain
property owner and developer expectations. There is also the potential for inconsistency
in the review of development proposals.
The study recommended that the desired character of the entire Old Florida District be
determined and that Beach by Design be revised accordingly. The City Council
concurred with those findings.
As a result, the Planning Department began a study of the Old Florida District in 2005 to
determine the desired character of this District. As a result of the ideas generated by four
public meetings that were held in the District, three options were developed that depicted
the heights and uses that had been most frequently favored. These recommendations
Staff Report - Community Development Board - February 21,2006 - Ord. No. 7546-06 1
were presented at the City Council Work Session on August 29, 2005. Subsequently,
another meeting was held with the City Council on January 19,2006 to further define the
issues. After the Council's direction was received, Planning Department staff developed
amendments to Beach by Design based on these comments.
Also, as a result of the comments, the staff proposed a rezoning and future land use
amendment of all areas within Old Florida zoned Medium High Density Residential
(MHDR) to Tourist (T), and a change in the land use from Residential High (RR) to
Resort Facilities High (RFH). (See LUZ 2005-10013.) Another accompanying case
amends the Community Development Code so that it stipulates that specific design
standards contained in this amendment supercede the Code. (See T A2005-11 004.)
The Planning Department is also proposing three other amendments to Beach by Design.
One relates to the height bonus provision allowed for live/work projects in the Marina
Residential District. Another addresses the use of transfer of development rights, and the
last one increases development potential for overnight accommodation uses.
ANALYSIS:
Old Florida District
The proposed changes will address the Old Florida District by revising the uses, building
heights, stepbacks, setbacks, landscaping and parking access allowed in the District.
These are addressed in the paragraphs below.
The mix of uses in this area known as the Old Florida District primarily includes
residential, overnight accommodations and institutional uses. Given the area's location
and historical development patterns, this area should continue to be a transitional district.
To that end, Beach by Design supports the development of new overnight
accommodations and attached dwellings throughout the District with limited
retail/commercial development fronting Mandalay Avenue between Bay Esplanade and
Somerset Street. It also supports the continued use and expansion of the various
institutional and public uses found throughout the District. Additionally, it proposes a
mixing of those uses where it results in a more viable, attractive and functional property.
(See the Old Florida District Proposed Uses Plan map.)
1. The following height provisions shall apply (see the Old Florida District Building
Heights map):
a. Buildings located on the north side of the Somerset Street shall be permitted a
maximum building height of 35 feet;
b. Buildings located on the south side of Somerset Street and within 60 feet of
the southerly right-of-way line, shall be permitted a maximum building height
of 50 feet; and
Staff Report - Community Development Board - February 21,2006 - Ord. No. 7546-06 2
c. Property throughout the remainder of the Old Florida District shall be
permitted a maximum building height of 65 feet.
In order to better understand the height of buildings constructed or approved for
construction within the last several years in the Old Florida District, a map was
developed depicting the heights of those projects. (See the Project Heights in the Old
Florida District map.) All of the 17 projects, except one, were approved at 65 feet or
below in height. The one exception was approved for 70 feet. Consequently, the height
limit of 65 feet is in conformance with what has occurred in the past.
2. The minimum required setbacks in the Old Florida District shall be:
a. A 15 foot front setback shall be required for property throughout the District,
except for properties fronting on Mandalay Avenue, which may have a zero
(0) foot front building setback for 80 percent of the property line; and
b. A ten (10) foot side and rear setback shall be required for all properties
throughout the district, except for properties fronting on Mandalay Avenue,
which may have a zero (0) foot side building setback and a ten (10) foot rear
setback.
3. The following requirements shall apply to require .building step backs or
alternative increased setbacks for buildings exceeding 35 feet in height. A
building stepback means a horizontal shifting of the building mass toward the
center of the building. The requirements are:
a. A building stepback on at least one side of the building at a point of35 feet in
height is required. This minimum height requirement will not be reduced
unless a provision is made for an increased setback on at least one side of the
building in conformance with the ratios provided in Section 4. Additional
stepbacks and/or setbacks may be necessary to open up view corridors
between buildings.
(1) Properties (except those fronting on Mandalay Avenue) that front on
an east-west street shall provide a building stepback and/or setback on
the front side of the building;
(2) Properties (except those fronting on Mandalay Avenue) that front on a
north-south street shall provide a building stepback and/or setback on
the side of the building; and
(3) Properties fronting on Mandalay Avenue shall provide a building
stepback and/or setback on the front ofthe building.
Staff Report - Community Development Board - February 21,2006 - Ord. No. 7546-06 3
4. The following are the stepback/setback ratios that apply to Section 3 (see the Old
Florida District Right-of-way Widths Map):
a. For properties fronting streets that have a right-of-way width of less than 46
feet, the stepback or setbackJheight ratio is one (1) foot in stepback for every
two (2) feet in additional height above 35 feet;
b. For properties fronting streets that have a right-of-way between 46 and 66
feet, the stepback or setbackJheight ratio is one (1) foot in step back for every
two and one-half (2.5) feet in additional height above 35 feet; and
c. For properties fronting streets that have a right-of-way of greater than 66 feet,
the stepback or setbackJheight ratio is one (1) foot in stepback for every three
(3) feet in additional height above 35 feet.
5. The following addresses the criteria for flexibility of setbacks and/or stepbacks
for buildings in excess of 35 feet in height (see Diagrams 1 through 4 for more
detail of how these options can be applied):
a. Setbacks
(1) Except for properties fronting on Mandalay Avenue, a maximum
reduction of five (5) feet from any required building setback may be
possible if the decreased building setback results in an improved site
plan, landscaping areas in excess of the minimum required and/or
improved design and appearance;
(2) To assure that unimpaired access to mechanical features of a building
is maintained, a minimum five (5) foot unobstructed access must be
provided along the entire side yard of properties, except those fronting
on Mandalay Avenue, where a zero (0) foot setback is permissible; and
(3) Additionally, building setbacks can be decreased at a rate of one (1)
foot in required setback per two (2) feet in additional stepback, if
desired.
b. Stepbacks
(1) A maximum reduction of five (5) feet from any required building
stepback my be possible if the decreased building stepback results in
an improved site plan, landscaping areas in excess of the minimum
required and/or improved design and appearance; and
(2) Building stepbacks can be decreased at a rate of two (2) feet in
stepback per one (1) foot in additional required setback, if desired.
Staff Report - Community Development Board - February 21,2006 - Ord. No. 7546-06 4
6. The following addresses the criteria for flexibility of setbacks and/or stepbacks
for buildings 35 feet and below in height:
a. A maximum reduction often (10) feet from any required front or rear setback
and a maximum reduction of five (5) feet from any side setback may be
possible if the decreased setback results in an improved site plan, landscaping
areas in excess ofthe minimum required and/or improved design and
appearance; and
b. In all cases, a minimum five (5) foot unobstructed access must be provided
along the side yards of properties, except for those fronting Mandalay Avenue
where a zero (0) foot setback is permissible.
7. The following landscape setback standards have been set for the District:
a. A ten-foot landscape buffer is required along the street frontage of all
properties, except for that portion of a property fronting on Mandalay Avenue;
and
b. A zero (0) foot setback may be permissible for 80 percent of the property
frontage for that portion of a property fronting on Mandalay Avenue. The
remaining 20 percent is required to have a minimum landscaped area for a
minimum of five (5) feet in depth. The 20 percent may be located in several
different locations on the property frontage, rather than placed in only one
location on the frontage.
8. The following parking/vehicular access standards have been set for the District:
a. Lack of parking in the Old Florida District may hinder revitalization efforts.
A shared parking strategy may be pursued in order to assist in redevelopment
efforts.
b. If the property fronts on Mandalay Avenue, off-street parking access is
required from a side street or alley, and not from Mandalay Avenue.
Marina Residential District
Beach by Design now stipulates that an additional story can be gained in the District if
the property is developed as a live/work product. This provision was explored in
discussions with the Community Development Board at its July 2005 meeting.
Additionally, there have been strong indications from discussions with developers that
this is not a workable provision for this particular area. Consequently, this provision will
be removed from Beach by Design.
Staff Report - Community Development Board - February 21,2006 - Drd. No. 7546-06 5
~
Density/Transfer of Development Rights (TDRs)
Historically the maximum permitted density for overnight accommodation uses has been
40 units per acre. In order to assist in the redevelopment of Clearwater Beach, the
Planning Department is proposing to increase the maximum permitted density for
overnight accommodations to 50 units per acre.
When Beach by Design was originally adopted, the Community Development Code
specified that density could be exceeded by up to 20 percent through the use of TDR.
The proposed amendment changes that by eliminating the 20 percent limitation for
overnight accommodation projects (the 20 percent limit will still exist for residential
projects.) Additionally the amendment specifies that any TDR gained from the additional
10 overnight accommodations (the difference between 40 - 50 units per acre) shall be
limited to hotel development and cannot be converted to another use.
CRITERIA FOR TEXT AMENDMENTS:
Code Section 4-601 specifies the procedures and criteria for reviewing text amendments.
Any code amendment must comply with the following:
1. The proposed amendment is consistent with and furthers the goals,
policies and objectives of the Comprehensive Plan. Below please find a selected
list of policies from the Clearwater Comprehensive Plan that is furthered by the
proposed amendment to Beach by Design.
1.2 Objective - Population densities (included in the Coastal
Management Element and the Future Land Use Map) in coastal
areas are restricted to the maximum density allowed by the
Countywide Future Land Use Designation of the property, except
for specific areas identified in Beach by Design: A Preliminary
Design for Clearwater Beach and Design Guidelines, and shall be
consistent with the Pinellas County Hurricane Evacuation Plan and
the Regional Hurricane Evacuation Plan and shall be maintained or
decreased.
1.2.1 Objective - Individual requests for development approval and/or
transfer of development rights in the coastal high hazard area shall
specifically consider hurricane evacuation plans and capacities and
shall only be approved if the proposed development will maintain
evacuation times (pre-landfall clearance times) as specified by the
Tampa Bay Regional Planning Council.
2.1.1 Policy - Redevelopment shall be encouraged, where appropriate,
by providing development incentives such as density bonuses for
significant lot consolidation and/or catalytic projects, as well as the
Staff Report - Community Development Board - February 21,2006 - Ord. No. 7546-06 6
,----
use of transfer of developments rights pursuant to approved special
area plans and redevelopment plans.
2.2 Objective - The City of Clearwater shall continue to support
innovative planned development and mixed land use development
techniques in order to promote infill development that is consistent
and compatible with the surrounding environment.
2.2.1 Policy - On a continuing basis, the Community Development Code
and the site plan approval process shall be utilized in promoting
infill development and/or planned developments that are
compatible.
3.0 Goal - A sufficient variety and amount of future land use
categories shall be provided to accommodate public demand and
promote infill development.
5.1.1 Policy - No new development or redevelopment will be permitted
which causes the level of City services (traffic circulation,
recreation and open space, water, sewage treatment, garbage
collection, and drainage) to fall below minimum acceptable levels.
However, development orders may be phased or otherwise
modified consistent with provisions of the concurrency
management system to allow services to be upgraded concurrently
with the impacts of development.
2. The proposed amendments further the purposes of the Community
Development Code and other City ordinances and actions designed to implement
the Plan. The proposed text amendment is consistent with the following purpose
of the Code:
Section 1-103(A) - It is the purpose of this Development Code to
implement the Comprehensive Plan of the city; to promote the health,
safety, general welfare and quality of life in the city; to guide the orderly
growth and development of the city; to establish rules of procedures for
land development approvals; to enhance the character of the city and the
preservation of neighborhoods; and to enhance the quality of life of all
residents and property owners of the city.
SUMMARY AND RECOMMENDATION:
This proposed amendment to Beach by Design: A Preliminary Design for Clearwater
Beach and Design Guidelines is consistent with the Clearwater Comprehensive Plan and
purposes of the Community Development Code for the reasons cited above. The
amendments are as follows:
Staff Report - Community Development Board - February 21,2006 - Ord. No. 7546-06 7
r
1. Amendment to Beach by Design Section II, Subsection A. revising the
uses, building heights, stepbacks, setbacks, landscaping and parking
access allowed in the Old Florida District;
2. Amendment to Section II, Subsection C deleting the reference to a
live/work product in the Marina Residential District; and
3. Amendment to Section V.B and VILA by clarifying transfer of
development rights provisions in Beach by Design; and by increasing
resort density to 50 units per acre.
The Planning Department recommends APPROVAL of Ordinance No. 7546-06 which
makes revisions to Beach by Design: A Preliminary Design for Clearwater Beach and
Design Guidelines.
Prepared by Planning Department Staff:
Sharen J arzen, Planner III
Attachments:
Old Florida District Boundaries Map
Old Florida District Proposed Uses Plan Map
Old Florida District Building Heights Map
Project Heights in the Old Florida District Map
Old Florida District Right-of-way Widths
Setback/Stepback Diagrams 1 - 4
Ordinance No. 7546-06
So' IPlanning DepartmentlC D B\BEACH ISSUESIOLD FLORIDA STUDYlFinal MaterialslBBD Amendment, 2005-061Staff Reports
and Council Agenda Items IBBD Amend. Staff Report.doc
Staff Report - Community Development Board - February 21,2006 - Ord. No. 7546-06 8
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Properties along typical 40' Right-of-Way (i.e. Cambria)
~ Required Front Setback
~ Required Rear and Side Setback
~ Required Stepback to get to
65-foot height
~ Stepback Height Ratio
~ Stepback/Setback Flexibility Ratio
~ Alternative shown for optional 10- foot
Additional Stepback to allow reduction
Of 5 feet in required Setback
~ Alternative shown for optional 10- foot
Additional Stepback to allow reduction
Of 5 feet in required Setback
15 feet
1 0 feet
15 feet
1:2
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Diagram 2
Properties along Somerset Looking West from Mandalay (40' Right-of-Way)
~ Required Front Setback
~ Required Rear and Side Setback
~ Required Stepback to get to
65-foot height
~ Stepback Height Ratio
~ Stepback/Setback Flexibility Ratio
~ Alternative shown for optionallO-foot
Additional Step back to allow reduction
of 5 feet in required Setback
~ Alternative shown for optionall0-foot
Additional Stepback to allow reduction
of 5 feet in required Setback
15 feet
1 0 feet
15 feet
1:2
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Properties along Mandalay ( 100' Right-or-Way)
~ Required Front Setback
~ Required Rear and Side Setback
~ Required Stepback to get to
65-foot height
~ Stepback Height Ratio
~ Stepback/Setback Flexibility Ratio
~ Alternative shown for optional 10- foot
Additional Stepback to allow reduction
of 5 feet in required Setback
~ Alternative shown for optionallO-foot
Additional Stepback to allow reduction
of 5 feet in required Setback
10' Required
Stepback
10' Reduced
Stepback
100
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Diagram 4
Properties along typical 60' Right-or-Way (Poinsetta)
~ Required Front Setback
~ Required Rear and Side Setback
~ Required Stepback to get to
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~ Stepback Height Ratio
~ Step back/Setback Flexibility Ratio
~ Alternative shown for optional 10- foot
Additional Stepback to allow reduction
of 5 feet in required Setback
~ Alternative shown for optionall0-foot
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1 Chalets on White Sands 15 units 56'
2 Somerset Condos 8 units 47'
3 Chateau on White Sands 13 units 62'
4 Ocean Breeze 14 units 50'
5 Bay Esplanade Condos 8 units 47'
6 Baywell Project 2 units 35'
7 Idlewild Condos 14 units 64'
8 La Risa 28 units 70'
9 La Risa II 4 units 52'
10 Nepenthe 12 units 65'
11 Palazzo 13 units 60'
12 Venetian Cove 14 units 59'
13 M3B Development 20 units 58'
14 Ebb Tide 13 units 54'
15 Poinsettia Place 8 units 37'
16 Hess Development 21 units 52'
17 Ambiance on White Sands 15 units 53'
JOHNSvl'ol", POPE, BOKOR, RUPPEL & BURN:::;, LLP
ATTORNEYS AND COUNSELLORS AT LAW
E. D. ARMSTRONG III
BRUCE H. BOKOR
JOHN R BONNER, SR'
GUY M. BURNS
JONATHAN S. COLEMAN
MICHAEL T. CRONIN
ELIZABETH J. DANIELS
BECKY FERRELL-ANTON
COLLEEN M. FLYNN
RINAT HAD AS
MARION HALE
SCOTT C. ILGENFRITZ
FRANK R JAKES
TIMOTHY A. JOHNSON, JR.
SHARON E. KRICK
ROGER A. LARSON
LEANNE LETIZE
ANGELINA E. LIM
MICHAEL G. LITTLE
CHIH-PIN LU'
MICHAEL C. MARKHAM
ZACHARY D. MESSA
A. R. "CHARLIE" NEAL
TROY J. PERDUE
BRETON H. PERMESL Y
F. WALLACE POPE, JR.
ROBERT V. POTTER, JR.
AUDREY B. RAUCHW A Y
DARRYL R. RICHARDS
PETER A. RIVELLINI
DENNIS G. RUPPEL'
CHARLES A. SAMARKOS
PHILIP M. SHASTEEN
JOAN M. VECCHIOLl
STEVEN H. WEINBERGER
JOSEPH J. WEISSMAN
STEVEN A. WILLIAMSON
'OF COUNSEL
PLEASE REPLY TO CLEARW A TER
December 20, 2005
Via Email and U.S. Mail
o ~(C~~\J~ i?
I DEe 22m I: U JI
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PLANNING & DEVELOPMENT
SERVICES
CITY OF CLEARWATER
Mr. Michael Delk
City of Clearwater Planning Director
Municipal Services Building, 2nd Floor
100 S. Myrtle Avenue
Clearwater, FL 33756
Re: Old Florida District Redevelopment
Dear Mr. Delk:
On behalf of property owners in the Old Florida District, we hereby submit a petition
requesting the maximum height of buildings in the Old Florida District be set at 75 feet.
This petition has been signed by over 70% of the property owners in the Old Florida
District (hereinafter, the Old Florida Group). Many members of the Old Florida Group
attended the community meetings regarding the future of the Old Florida District.
Following the Visioning sessions, the Old Florida Group came before the City Council on
this matter and voiced its desire for the Old Florida District to be modified to be consistent
with Height Option #1, that was presented at the community meetings, a copy of which is
attached.
The Old Florida Group believes that Height Option #1, with its maximum building
height of 75 feet, is the appropriate height for the Old Florida District, and requests that
,its petition be placed of record with the City and forwarded to the City Council.
Enc.
cc: Clearwater City Council
CLEARW A TER OFFICE
911 CHESTNUT ST.
POST OFFICE BOX 1368 (ZIP 33757-1368)
CLEARW A TER, FLORIDA 33756-5643
TELEPHONE: (727) 461-1818
TELECOPIER: (727) 441-8617
TAMP A OFFICE
403 EAST MADISON STREET
SUITE 400
POST OFFICE BOX 1100 (ZIP 33601- 1100)
TAMPA, FLORIDA 33602
TELEPHONE:.(813) 225-2500
TELECOPIER: (813) 223-7118
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City Council
,,,~,~,~,~a ~,Q,~~"~J1~~ra!!,~t~,!!!"""_,,,,,,
Tracking Number: 1,963
Actual Date: 03/02/2006
Subiect / Recommendation:
Continue to March 16, 2006 the approval of amendments to the Community Development Code
relating to the Neighborhood Conservation Overlay District (NCOD) & PASS Ordinance No.
7582-06 on first reading,
Oriqinating: Planning
Section Administrative public hearings
Cateqorv: Other
Financial Information:
~ Other
Review Approval
Sue Diana
02-24-2006 16:04: 14
PLD - ~
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City Council
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Tracking Number: 1,909
Actual Date: 03/02/2006
Subject I Recommendation:
Approve the Petition for Annexation, Future Land Use Plan Amendment from the County
Residential Urban (RU) Category to the City Residential Urban (RU) Category and Zoning Atlas
Amendment from the County R-4, Single-Family Residential District to the City Low Medium
Density Residential (LMDR) District for 2066 The Mall (Lot 1, Block G, Brooklawn Subdivision in
Section 3, Township 29 South and Range 15 East); and Pass Ordinance 7588-06, 7589-06 &
7590-06 on first reading.
Summary:
This annexation involves a O.ll-acre property consisting of one parcel, located on the northeast
corner of The Mall Street and Arbelia Street. The property is contiguous with the existing City
boundaries to the east; therefore, the proposed annexation is consistent with Florida Statutes
with regard to voluntary annexation, The applicant is requesting this annexation in order to
receive solid waste service from the City. It is proposed that the property be assigned Future
Land Use Plan designation of Residential Urban (RU) and a zoning category of Low Medium
Density Residential (LMDR).
The Planning Department determined that the proposed annexation is consistent with the
following standards specified in the Community Development Code:
The proposed annexation will not have anadverse impact on public facilities and their level
of service.
The proposed annexation is consistent withthe City's Comprehensive Plan, the Countywide
Plan and the Community Development Code,
The proposed annexation is contiguous toexisting municipal boundaries, represents a logical
extension of the city boundaries and does not create an enclave.
This annexation has been reviewed by the Pinellas Planning Council (PPe) County staff in
accordance with the provisions of Pinellas County Ordinance No. 00-63, Section 7(1-3), and no
objections have been raised.
Please refer to the attached report (ANX2005-10036) for the complete staff analysis.
The Community Development Board reviewed this proposed annexation at its regularly
scheduled meeting on January 17, 2006 and unanimously recommended approval.
Originating: Planning
Section Quasi-judicial publiC hearings
Category: Annexations, Land Use Plan and Zoning
Number of Hard Copies attached: 0
Public Hearing: Yes
Advertised Dates: 01/17/2006
02/16/2006
03/02/2006
J
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City Council
_,.,~"~gen~,!LCover, Me!!!,~,~!,!,du 11'!__.,~,._..,",,,~..
Financial Information:
Review Approval
Michael Delk 02-02-2006 16:40:47
Cvndie Goudeau 02-17-2006 09:09: 18
Pam Akin 02-03-2006 14:58:38
Garrv Brumback 02-16-2006 08:04:04
Leslie Dougall-Sides 02-07-2006 14:21:16
Bill Horne 02-16-2006 16:48:08
ORDINANCE NO. 7588-06
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE
NORTHEAST CORNER OF THE MALL STREET AND ARBELlA
STREET, WHOSE POST OFFICE ADDRESS IS 2066 THE MALL,
INTO THE CORPORATE LIMITS OF THE CITY, AND
REDEFINING THE BOUNDARY LINES OF THE CITY TO
INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the owner of the real property described herein and depicted on the map
attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the
City pursuant to Section 171,044, Florida Statutes, and the City has complied with all applicable
requirements of Florida law in connection with this ordinance; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following-described property is hereby annexed into the City of Clearwater
and the boundary lines of the City are redefined accordingly:
Lot 1, BLOCK G OF BROOKLAWN SUBDIVISION, according to the Plat thereof
as recorded in Plat Book 13, Page 59, of the Public Records of Pinellas County,
Florida
(ANX2005-10036)
Section 2. The provisions of this ordinance are found and determined to be consistent
with the City of Clearwater Comprehensive Plan, The City Council hereby accepts the dedication
of all easements, parks, rights-of-way and other dedications to the public, which have heretofore
been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk
and the Planning Director are directed to include and show the property described herein upon the
official maps and records of the City.
Section 3, This ordinance shall take effect immediately upon adoption. The City Clerk
shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the
Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after
adoption, and shall file a certified copy with the Florida Department of State within 30 days after
adoption,
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No. 7588-06
ORDINANCE NO. 7589-06
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 NORTHEAST CORNER OF THE MALL STREET AND
ARBELlA STREET, WHOSE POST OFFICE ADDRESS IS 2066
THE MALL, UPON ANNEXATION INTO THE CITY OF
CLEARWATER, AS RESIDENTIAL URBAN; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the amendment to the future land use plan element of the comprehensive
plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate,
and is consistent with the City's comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1, The future land use plan element of the comprehensive plan of the City of
Clearwater is amended by designating the land use category for the hereinafter described
property, upon annexation into the City of Clearwater, as follows:
Property
Lot 1, BLOCK G OF BROOKLAWN SUBDIVISION,
according to the Plat thereof as recorded in Plat Book 13,
Page 59, of the Public Records of Pinellas County, Florida
(ANX2005-10036)
Land Use CateQorv
Residential
Urban (RU)
Section 2, The City Council does hereby certify that this ordinance is consistent with
the City's comprehensive plan.
Section 3. This ordinance shall take effect immediately upon adoption, contingent upon
and subject to the adoption of Ordinance No. 7588-06,
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Cynthia E. Goudeau
City Clerk
Leslie K. Dougall-Sides
Assistant City Attorney
Ordinance No, 7589-06
ORDINANCE NO. 7590-06
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE ZONING ATLAS OF THE CITY BY ZONING
CERTAIN REAL PROPERTY LOCATED ON THE NORTHEAST
CORNER OF THE MALL STREET AND ARBELlA STREET,
WHOSE POST OFFICE ADDRESS IS 2066 THE MALL, UPON
ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW
MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the assignment of a zoning district classification as set forth in this ordinance
is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive
plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following described property located in Pinellas County, Florida, is hereby
zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is
amended, as follows:
Property
Lot 1, BLOCK G OF BROOKLAWN SUBDIVISION,
according to the Plat thereof as recorded in Plat Book 13,
Page 59, of the Public Records of Pinellas County, Florida
(ANX2005-10036)
Zonina District
Low Medium Density
Residential
(LMDR)
Section 2. The City Engineer is directed to revise the zoning atlas of the City in
accordance with the foregoing amendment.
Section 3. This ordinance shall take effect immediately upon adoption, contingent upon
and subject to the adoption of Ordinance No, 7588-06.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V, Hibbard
Mayor
Approved as to form:
Attest:
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No, 7590-06
~: PU)-J.
CDB Meeting Date:
Case Number:
Owner/Applicant:
Location:
Agenda Item:
January 17. 2006
ANX2005-10036
Michael & Valerie Wilhite
2066 The Mall
F3
CITY OF CLEARWATER
PLANNING DEPARTMENT
STAFF REPORT
BACKGROUND INFORMATION
REQUEST:
(a) Annexation of O.ll-acres of property to the City of
Clearwater;
(b) Future Land Use Plan amendment from Residential
Urban (RU) Category (County) to Residential Urban
(RU) Category (City of Clearwater); and
(c) Rezoning from R-4, Single-Family Residential District
(County) to Low Medium Density Residential (LMDR)
District (City of Clearwater).
SITE INFORMATION
PROPERTY SIZE:
5,000 square feet or 0.11 acres
(50 feet wide by 100 feet deep)
PROPERTY USE:
Current Use:
Proposed Use:
Single-family dwelling
Single-family dwelling
PLAN CATEGORY:
Current Category:
Proposed Category:
Residential Urban (RU) (County)
Residential Urban (RU) (City)
ZONING DISTRICT:
Current District:
Proposed District:
R-4, Single-Family Residential (County)
Low Medium Density Residential (LMDR) (City)
Staff Report - Community Development Board -January 17, 2006 - Case ANX2005-10036 Page 1
SURROUNDING USES:
North: Single-family residence
South: Single-family residence
East: Single-family residence
West: Single-family residence
ANALYSIS
This annexation involves a 0.11-acre property consisting of one parcel, located on the northeast
comer of The Mall Street and Arbelia Street. The property is contiguous with the existing City
boundaries to the east; therefore, the proposed annexation is consistent with Florida Statutes with
regard to voluntary annexation. The applicant is requesting this annexation in order to receive
solid waste service from the City. It is proposed that the property be assigned Future Land Use
Plan designation of Residential Urban (RU) and a zoning category of Low Medium Density
Residential (LMDR),
I. IMPACT ON CITY SERVICES:
Recommended Findings of Fact
Water and Sewer
The applicant receives water service from the City of Clearwater. Sanitary sewer service is not
currently available to serve this property.
Solid Waste
Collection of solid waste will be provided by the City of Clearwater. The City has an interlocal
agreement with Pinellas County to provide for the disposal of solid waste at the County's
Resource Recovery Plant and capacity is available to serve the property.
Police
The property is located within Police District II and service will be administered through the
district headquarters located at 645 Pierce Street. There are currently 65 patrol officers and nine
patrol sergeants assigned to this district. Community policing service will be provided through
the City's zone system and officers in the field. The Police Department has stated that it will be
able to serve this property and the proposed annexation will not adversely affect police service
and response time.
Fire and Emergency Medical Services
Fire and emergency medical services will be provided to this property by Station #51 located at
1720 Overbrook Avenue. The Fire Department will be able to serve this property. The proposed
annexation will not adversely affect fire and EMS service and response time.
Staff Report - Community Development Board - January 17, 2006 - Case ANX2005-I0036 Page 2
Recommended Conclusions Of Law
The City has adequate capacity to serve this property with solid waste, police, fire and EMS
service. The proposed annexation will not have an adverse effect on public facilities and their
levels of service,
II. CONSISTENCY WITH CITY'S COMPREHENSIVE PLAN: [Section 4-604.F.2]
Recommended Findings of Fact
The Pinellas County Comprehensive Plan and the Countywide Future Land Use Plan map
designate the site as Residential Urban (RD). It is the purpose of the RU category to depict those
areas of the County that are now developed, or appropriate to be developed, in an urban low
density residential manner; and to recognize such areas as primarily well-suited for residential
uses that are consistent with the urban qualities and natural resource characteristics of such areas,
Residential is the primary use in this plan category up to a maximum of seven point five (7.5)
dwelling units per acre. Secondary uses include Residential Equivalent; Institutional;
Transportation/Utility; Public Educational Facility; Ancillary Non-Residential and
Recreation/Open Space.
The proposed annexation is consistent with and promotes the following objective of the City of
Clearwater Comprehensive Plan:
2.4 Objective - Compact urban development within the urban service area shall be promoted
through application of the Clearwater Community Development Code.
Recommended Conclusions of Law
The property proposed for annexation is located within an enclave within the City's urban service
area and will be located in the RU category. The proposed annexation is consistent the City's
Comprehensive Plan,
III. CONSISTENCY OF DEVELOPMENT WITH COMMUNITY DEVELOPMENT
CODE AND CITY REGULATIONS: [Sections 2-1001.1. & 4-604.F.5.]
Recommended Findings of Fact
The site is currently zoned R-4, Single Family Residential District in Pinellas County. The
applicant proposes to rezone the property to the Low Medium Density Residential (LMDR)
District. Under the current LMDR zoning district provisions, a minimum lot width of 50 feet
and a minimum lot area of 5,000 square feet are required, The subject site is 50 feet wide and
5,000 square feet in lot area
Staff Report - Community Development Board - January 17, 2006 - Case ANX2005-10036 Page 3
Recommended Conclusions of Law
The subject property meets the City's mInImum LMDR dimensional requirements and IS
therefore consistent with the Community Development Code.
IV. CONSISTENCY WITH THE COUNTYWIDE PLAN:
Recommended Findings of Fact
There is no change requested in the Countywide Future Land Use Plan designation for the site,
which will remain Residential Urban (RU) with a maximum density of 7.5 dwelling units per
acre,
Recommended Conclusions of Law
No change is proposed for the Future Land Use Plan designation of the property proposed for
annexation and the use and density of the property is consistent with the current designation,
V. CONSISTENCY WITH PINEL LAS COUNTY:
Recommended Findings of Fact
Pursuant to Pinellas County Ordinance No. 00-63, the Pinellas Planning Council and County
staffs have reviewed this annexation and determined it complies with the ordinance criteria.
Florida Statutes require that a proposed annexation be both contiguous with the existing
municipal boundaries and compact in its concentration (Florida Statutes Chapter 171), This site
is contiguous with the existing City boundaries to the east, and represents a logical extension of
the existing boundaries. The compactness standard of Florida law requires that the annexation
does not create an enclave or a serpentine pattern of municipal boundaries. The annexation of
this property is consistent with this standard and no new enclave will be created. In summary,
the annexation of this property is consistent with Florida law.
Recommended Conclusions of Law
The annexation of this property is consistent with this standard and no new enclave will be
created, In summary, the annexation of this property is consistent with Florida law.
VI. CODE ENFORCEMENT ANALYSIS:
There are no current code enforcement violations or any code enforcement history on this site.
Staff Report - Community Development Board - January 17, 2006 - Case ANX2005-10036 Page 4
SUMMARY AND RECOMMENDATIONS
The proposed annexation can be served by City of Clearwater services, including solid waste,
police, fire and emergency medical services without any adverse effect on the service level. The
proposed annexation is consistent with both the City's Comprehensive Plan and is consistent
with Pinellas County Ordinance No. 00-63 regarding voluntary annexation.
Based on the above analysis, the Planning Department recommends the following actions on the
request:
(a) Recommend APPROVAL of the annexation ofO.II-acres to the City of Clearwater;
(b) Recommend APPROV AL of the Residential Urban (RU) Future Land Use Plan
classification; and
(c) Recommend APPROVAL of the Low Medium Density Residential (LMDR) zoning
classification pursuant to the City's Community Development Code.
Prepared by Planning Department Staff:
Cky Ready, Planner II
Attachments:
Application
Location Map
Aerial Photograph
Proposed Annexation
Future Land Use Map
Zoning Map
Surrounding Uses Map
Site Photographs
S:\Planning Department\C D BlAnnexationslANX - 2005IANX2005-10036 2066 The Mall Wilhite1ANX2005-11036
StalL Report. doc
Staff Report - Community Development Board - January 17, 2006 - Case ANX2005-1 0036 Page 5
2X2 Map
Owner Michael Wilhite Case: ANX2005-10036
Site: 2066 The Mall Property 0,11
Size (Acres):
Land Use Zoning
PIN: 03-29-15-12060-007-0010
From: RU (County) R-4 (County)
To: RU (City) LMDR (City) A tlas Page: 251B
Aerial Photograph
Owner Michael Wilhite Case: ANX2005-10036
Site: 2066 The Mall Property 0,11
Size (Acres):
Land Use Zoning
PIN: 03-29-15-12060-007-0010
From: RU (County) R-4 (County)
To: RU (City) LMDR (City) A tlas Page: 251B
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Case:
ANX2005-10036
Site: 2066 The Mall
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Site: 2066 The Mall Property 0,11
Size (Acres):
Land Use Zoning
PIN: 03-29-15-12060-007-0010
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Case:
ANX2005-10036
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PIN: 03-29-15-12060-007-0010
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ANX2005-10036
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PIN: 03-29-15-12060-007-0010
From:
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1. 2066 The Mall - view of the house
3. facing south from 2066 The Mall
5. facing west from 2066 The Mall
2. 2066 The Mall
4. facing north from 2066 The Mall
6. 2066 The Mall
ANX2005-10036
Michael Wilhite
2066 The Mall
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City Council
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Tracking Number: 1,830
Actual Date: 03/02/2006
Subject I Recommendation:
Approve the Future Land Use Plan Amendment from the Residential High (RH) Category to the
Resort Facilities High (RFH) Category and Zoning Atlas Amendment from the Medium High
Density Residential (MHDR) District to the Tourist (T) District in the Old Florida District as
defined in Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines
and Pass Ordinance 7547-06 and 7548-06 to amend the Future Land Use Plan Map and Zoning
Atlas on first reading, (LUZ2005-10013)
Summary:
The subject site is comprised of 43 parcels of land totaling 7.94 acres in area located on
Clearwater Beach generally between Mandalay Avenue and the Gulf of Mexico between Kendall
Street and the north side of Somerset Street. The applicant is requesting to amend the Future
Land Use Plan Map designation of this site from the Residential High (RH) Category to the Resort
Facilities High (RFH) Category and Zoning Atlas Amendment from the Medium High Density
Residential (MHDR) District to the Tourist (T) District that will allow attached dwellings,
overnight accommodations and limited commercial uses in this area.
The Planning Department determined that the proposed future land use plan amendment and
rezoning applications are consistent with the following standards specified in the Community
Development Code:
The proposed land use plan amendmentand rezoning application are consistent with
the Comprehensive Plan.
The proposed use is compatible.-vith the surrounding area.
Sufficient public facilities are availableto serve the property.
The applications will not have anadverse impact on the natural environment.
Please refer to the attached land use plan amendment and rezoning (LUZ2005-10013) report for
the complete staff analysis,
In accordance with the Countywide Plan Rules, the land use plan amendment is subject to the
approval of the Pinellas Planning Council and the Board of County Commissioners acting as the
Countywide Planning Authority. Review and approval by the Florida Department of Community
Affairs is not required. The Community Development Board reviewed these applications at its
public hearing on December 20, 2005 and unanimously recommended approval of the
application.
Originating: Planning
Section Quasi-judicial public hearings
Category: Annexations, Land Use Plan and Zoning
Number of Hard Copies attached: 0
Public Hearing: Yes
Advertised Dates: 12/04/2005
01/01/2006
01/15/2006
~"'tIn'ater
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Financial Information:
Review Approval
Michael Delk
Cvndie Goudeau
Steven Brown
Garrv Brumback
Leslie Dougall-Sides
Bill Horne
City Council
Ag~!ld a CC!~!!.!,=~~,!:11C!!a nd,ll!!!
12-23-2005 08:44:23
02-15-2006 10:56:58
12-23-2005 11:34:13
01-12-2006 14:13:19
12-28-2005 09:55:47
01-13-2006 09:59:37
ORDINANCE NO. 7547-06
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE FUTURE LAND USE PLAN
ELEMENT OF THE COMPREHENSIVE PLAN OF THE
CITY, TO CHANGE THE LAND USE DESIGNATION FOR
CERTAIN REAL PROPERTY GENERALLY LOCATED ON
CLEARWATER BEACH BETWEEN MANDALAY AVENUE
AND THE GULF OF MEXICO BETWEEN KENDALL AND
THE NORTH SIDE OF SOMERSET STREET EAST OF
MANDALAY AVENUE IN THE OLD FLORIDA DISTRICT AS
DESIGNATED BY BEACH BY DESIGN, THE SPECIAL
AREA PLAN GOVERNING CLEARWATER BEACH FROM
RESIDENTIAL HIGH TO RESORT FACILITIES HIGH;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the amendment to the future land use plan element of the
comprehensive plan of the City as set forth in this ordinance is found to be reasonable,
proper and appropriate, and is consistent with the City's comprehensive plan; now,
therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The future land use plan element of the comprehensive plan of the City
of Clearwater is amended by designating the land use category for the hereinafter
described property as follows:
Property
See attached Exhibit A legal
description
(LUZ2005-10013)
Future Land Use Plan CateQorv
From: Residential High
To: Resort Facilities High
Future Land Use Plan Map
See attached Exhibit B
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
Ordinance No. 7547-06
consistency with the Future Land Use Plan Element of the City's comprehensive plan as
amended by this ordinance.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V, Hibbard
Mayor
Approved as to form:
Attest:
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
2
Ordinance No, 7547-06
J
EXHIBIT A
Begin at NW corner of Lot 2, Block 1, of Clearwater Beach Subdivision, as recorded in
plat book 11, page 5, of the public records of Pinellas County Florida; thence South
along the East line of Beach Drive, to the SW corner of the North % of Lot 2, Block 6;
thence East along the South line of the North % of said Lot 2 and its Easterly extension,
to the NE corner of Lot 13, said Block 6; thence South to the centerline of Avalon Street;
thence West along the centerline of Avalon Street to the Northerly extension of the West
line of Lot 5, Block 7; thence South to the SW corner of said Lot 5; thence East to the
SE corner of Lot 7, said Block 7; thence North to the intersection of the Northerly
extension of the West line of Lot 8, Block 2 of said Clearwater Beach Subdivision and
the centerline of Somerset Street; thence East along said centerline to the centerline of
Mandalay Avenue; thence South along said centerline to the centerline of Somerset
Street; thence East along said centerline to the Southerly extension of the East line of
Block 76 Mandalay Subdivision Unit 5 Replat, Plat Book 20 Page 48 of said public
records; thence North to the NE corner of said Block 76; thence East to the Point of
Beginning.
3
Ordinance No, 7547-06
In
~'. ~LD- ~
ORDINANCE NO. 7548-06
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY
BY REZONING CERTAIN REAL PROPERTY GENERALLY
LOCATED ON CLEARWATER BEACH BEnNEEN
MANDALAY AVENUE AND THE GULF OF MEXICO
BEnNEEN KENDALL STREET AND THE NORTH SIDE OF
SOMERSET STREET EAST OF MANDALAY AVENUE IN
THE OLD FLORIDA DISTRICT AS DESIGNATED BY
BEACH BY DESIGN, THE SPECIAL AREA PLAN
GOVERNING CLEARWATER BEACH FROM MEDIUM
HIGH DENSITY RESIDENTIAL TO TOURIST; 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
See attached Exhibit A legal
description
(LUZ2005-10013)
Zonina District
From: Medium High Density Residential
To: Tourist
Zonina Map
See attached Exhibit B
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 7547-06 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 9163.3189, Florida Statutes.
PASSED ON FIRST READING
Ordinance No, 7548-05
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
Leslie Dougall-Sides
Assistant City Attorney
Frank V. Hibbard
Mayor
Attest:
Cynthia E. Goudeau
City Clerk
2
Ordinance No, 7548-06
EXHIBIT A
Begin at NW corner of Lot 2, Block 1, of Clearwater Beach Subdivision, as recorded in
plat book 11, page 5, of the public records of Pinellas County Florida; thence South
along the East line of Beach Drive, to the SW corner of the North % of Lot 2, Block 6;
thence East along the South line of the North % of said Lot 2 and its Easterly extension,
to the NE corner of Lot 13, said Block 6; thence South to the centerline of Avalon
Street; thence West along the centerline of Avalon Street to the Northerly extension of
the West line of Lot 5, Block 7; thence South to the SW corner of said Lot 5; thence
East to the SE corner of Lot 7, said Block 7; thence North to the intersection of the
Northerly extension of the West line of Lot 8, Block 2 of said Clearwater Beach
Subdivision and the centerline of Somerset Street; thence East along said centerline to
the centerline of Mandalay Avenue; thence South along said centerline to the centerline
of Somerset Street; thence East along said centerline to the Southerly extension of the
East line of Block 76 Mandalay Subdivision Unit 5 Replat, Plat Book 20 Page 48 of said
public records; thence North to the NE corner of said Block 76; thence East to the Point
of Beginning,
3
Ordinance No, 7548-06
i--U
EXHIBIT B
Add Map of the Proposed Zoning Amendment Area
of the Old Florida District
4
Ordinance No, 7548-06
I
CDB Date:
Case Number:
Owner/Applicant:
Representative:
Address:
Agenda Item:
December 20. 2005
LUZ2005-10013
City of Clearwater
Planning Department
Old Florida District
D-3
CITY OF CLEARWATER
PLANNING DEPARTMENT
STAFF REPORT
BACKGROUND INFORMATION
REQUEST:
(a) Future Land Use Plan amendment from the Residential
High (RH) Classification to the Resort Facilities High
(RFH) Classification; and
(b) Rezoning from the Medium High Density Residential
(MHDR) District to the Tourist (T) District.
SITE INFORMATION
PROPERTY SIZE:
7.94 acres
PROPERTY USE:
Current Use:
Proposed Use:
Single Family Residential, Multi-Family Residential &
Overnight Accommodations
Multi-Family Residential & Overnight Accommodations
PLAN CATEGORY:
Current Category:
Proposed Category:
Residential High (RH) Classification
Resort Facilities High (RFH) Classification
ZONING DISTRICT:
Current District:
Proposed District:
Medium High Density Residential (MHDR) District
Tourist (T) District
EXISTING
SURROUNDING USES:
North: Single Family Residential
South: Residential, Retail & Overnight Accommodations
East: Residential, Retail & Overnight Accommodations
West: Gulf of Mexico
Revised Staff Report - City Council- March 2, 2006 - Case LUZ2005-09012
Page 1
ANALYSIS:
The Planning Department undertook a study of the Old Florida District on Clearwater Beach to
clarify the vision of the District and to eliminate any discrepancies between Beach by Design, the
special area plan governing Clearwater Beach and the underlying land use and zoning. As a
result of the ideas generated by four public meetings, as well as policy direction provided by City
Council on August 29, 2005, the Planning Department has developed amendments to Beach by
Design.
Currently the Plan specifies that the "preferred form of development" include townhomes and
single-family dwellings mid-rise in height. The proposed amendments specify that new
development be in the form of attached dwellings and overnight accommodations throughout the
District, as well as commercial uses along Mandalay Avenue. Additionally, the amendments
provide for a maximum building height of 65 feet in areas located 60 feet south of Somerset
Street.
At present, the Old Florida District has future land use plan (FLUP) designations of Resort
Facilities High and High Density Residential and zoning categories of Tourist and Medium High
Density Residential. In order to implement the proposed revisions to Beach by Design, it is
necessary to amend the residentially designated area of the District (see Future Land Use Plan
Map).
This Future Land Use Plan (FLUP) amendment and rezoning application involves 43 parcels of
land, approximately 7.94 acres in area generally located on Clearwater Beach between Mandalay
Avenue and the Gulf of Mexico between Kendall Street and the north side of Somerset Street. A
mix of single-family residential, multi-family residential and overnight accommodation uses
currently occupies the area. The site has a FLUP designation of Residential High (RH) and is
zoned as a Medium High Density Residential (MHDR) District. These designations allow
residential uses up to 30 units per acre and up to 50 feet in height. In order to allow the
additional use of overnight accommodations and development up to 65 feet in height, as
proposed in the amendments to Beach by Design, the Planning Department is requesting to
amend the FLUP designation of the site to the Resort Facilities High (RFH) classification and to
rezone it to the Tourist District. The Planning Department is also requesting that Beach by
Design be amended to increase the allowable density of overnight accommodations from 40 units
per acre to 50 units per acre. (See companion amendment to Beach by Design special area plan.
In accordance with the Countywide Plan Rules, the land use plan amendment is subject to
approval by the Pinellas Planning Council and Board of County Commissioners acting as the
Countywide Planning Authority.
I. CONSISTENCY WITH CITY'S COMPREHENSIVE PLAN [Section 4-603.F.l]
Recommended Findings of Fact:
Applicable Goals, Objectives and Policies from the Clearwater Comprehensive Plan in support
of the proposed land use plan amendment are as indicated below:
Revised Staff Report - City Council- March 2, 2006 - Case LUZ2005-1 00 13
Page 2
2.1.2 Policy - Renewal of the beach tourist district shall be encouraged through the
establishment of distinct districts within Clearwater Beach, the establishment of a limited
density pool of additional hotel rooms to be used in specified geographic areas of
Clearwater Beach, enhancement of public rights-of-way, the vacation of public rights-of-
way when appropriate, transportation improvements, inter-beach and intra-beach transit,
transfer of development rights and the use of design guidelines, pursuant to Beach by
Design: A Preliminary Design for Clearwater Beach and Design Guidelines,
2.2 Objective - The City of Clearwater shall continue to support innovative planned
development and mixed land use development techniques in order to promote infill
development that is consistent and compatible with the surrounding environment.
2.2.1 Policy - On a continuing basis, the Community Development Code and the site plan
approval process shall be utilized in promoting infill development and/or planned
developments that are compatible,
3.0 Goal - A sufficient variety and amount of future land use categories shall be provided to
accommodate public demand and promote infill development.
5.1.1 Policy - No new development or redevelopment will be permitted which causes the level
of City services (traffic circulation, recreation and open space, water, sewage treatment,
garbage collection, and drainage) to fall below minimum acceptable levels. However,
development orders may be phased or otherwise modified consistent with provisions of
the concurrency management system to allow services to be upgraded concurrently with
the impacts of development.
Recommended Conclusions of Law:
The proposed plan amendment is not in conflict with any Clearwater Comprehensive Plan Goals,
Objectives or Policies, and is consistent with the Clearwater Comprehensive Plan.
II. CONSISTENCY WITH COUNTYWIDE PLAN
Recommended Findings of Fact:
The purpose of the proposed Resort Facilities High (RFH) category, as specified in Section
2.3.3.4.6 of the Countywide Rules, is to designate areas in the County that are now developed, or
appropriate to be developed, in high density residential and resort, tourist facility use; and to
recognize such areas as well-suited for the combination of residential and transient
accommodation use consistent with their location, surrounding uses, transportation facilities and
natural resource characteristics of such areas, The Resort Facilities High (RFH) category is
generally appropriate to locations where unique recreational assets warrant the combination of
permanent and temporary accommodations in close proximity to and served by the arterial and
major thoroughfare network, as well as by mass transit. New development at this density will be
discouraged in coastal high hazard areas and evacuation level "A" areas.
Revised Staff Report - City Council- March 2,2006 - Case LUZ2005-10013
Page 3
This area of Old Florida is located along the Gulf of Mexico and is accessed by Mandalay
Avenue, which is the major north-south arterial on North Clearwater Beach. The area is also
served by mass transit by the Pinellas Suncoast Transit Authority. Additionally, this area is
currently developed with a variety of residential and overnight accommodation uses and is
adjacent to RFH designated land to the immediate east and south. Based on historical
development patterns and current uses, this area has functioned as a tourist area.
The current underlying future land use plan designation of Residential High allows residential
development at 30 units per acre, which is consistent with the density allowed by the RFH land
use category. The RFH designation would also allow overnight accommodation uses at a density
of 40 units per acre, It should be noted however, that the emerging pattern of redevelopment has
been residential in character throughout the entire Old Florida District. It should also be noted
that the Planning Department, in a companion agenda item amending Beach by Design, is
requesting to increase the allowable density of overnight accommodations from 40 units per acre
to 50 units per acre.
The Pinellas Planning Council (PPC) and Countywide Planning Authority (CPA) have policies
that specifically address Countywide Future Land Use Plan amendments in the Coastal High
Hazard Area (CHHA). The policy specifies that such amendments should generally be denied.
However, approval may be granted upon a balancing of the following criteria, as determined
applicable and significant to the amendment.
A, Distinction between direct storm damage and damage to evacuation routes. The subject
site is susceptible to storm damage due to the site's location on both the Intracoastal
Waterway and the Gulf of Mexico in an AE flood zone, with the very western edge being
located in a VE flood zone. The evacuation route is in close proximity to the Memorial
Causeway Bridge via Mandalay Avenue. This evacuation route is adequate to serve the
existing and proposed land use category.
B. Access to Emergency Shelter Space and Evacuation Routes. Currently there is a shortage
of emergency shelters countywide, However, as there is no change in the allowable
residential density between the current zoning and future land use and the proposed
zoning and future land use, there should be no increase in the residential density.
Emergency shelter planning provides for a percentage of residents that will utilize family,
friend or hotel accommodations during evacuation situations and not emergency shelter
space. As there is no increase in the allowable residential density, it will not have a
negative impact on shelter space or evacuation routes.
C. Utilization of Existing and Planning Infrastructure. This criterion is not applicable since
the use of the site for the proposed residential purposes will not require the expenditure of
public funds for the construction of new, unplanned infrastructure.
D. Utilization of Existing Disturbed Areas, This criterion is not applicable since the site is
currently developed and not a natural area.
Revised Staff Report - City Council- March 2,2006 - Case LUZ2005-10013
Page 4
E. Maintenance of Scenic Qualities and Improvement of Public Access to Water. The
subject site currently provides public access to the Gulf of Mexico at the end of the east-
west streets that terminate at the Gulf. This will not change if the proposed amendment is
adopted.
F. Water Dependent Use. The site is currently occupied by residential and tourist areas, and
not a water dependent use,
G. Integral Part of Comprehensive Planning Process, The requested amendment has been
initiated by the City of Clearwater as an integral part of its comprehensive planning
process consistent with the City of Clearwater Comprehensive Plan.
H. Part of Community Redevelopment Plan. The subject site is part ofthe Clearwater Beach
Community Redevelopment District (CRD), The special area plan known as Beach by
Design governs development in this area. The proposed land use plan amendment will
implement revisions being processed concurrently to Beach by Design to allow overnight
accommodations in this part ofthe CRD.
I. Overall Reduction of Density or Intensity. The proposed amendment to the Resort
Facilities High (RFH) category would allow a maximum permitted residential density of
30 dwelling units per acre, which is the same density as permitted by the current
Residential High (RH) category. The proposed RFH category would also allow overnight
accommodations at 40 units per acre; however, it should be noted that a companion
agenda item includes an amendment to Beach by Design, which would increase this
density to 50 units per acre. While the RFH category also allows commercial uses, the
companion amendment to Beach by Design will preclude them from locating in this area.
The allowable residential density under the existing and proposed land use categories
could result in a maximum of238 dwelling units if the entire 7.94 acres is developed with
residential uses, Based on redevelopment trends occurring in this area of Clearwater
Beach, as well as throughout Pinellas County, it is likely that the pattern of residential
redevelopment will continue, Even if a portion ofthis area is redeveloped with overnight
accommodations, no net increase in density in the Coastal High Hazard Area will occur
because the Countywide Rules consider 50 hotel units per acre equivalent to 30
residential units per acre.
J. Clustering of Uses. The entire site is located within the Coastal High Hazard Area,
therefore clustering uses of a portion of the site outside the CHHA is not possible.
Recommended Conclusions of Law:
The proposed plan amendment is consistent with the purpose and locational characteristics ofthe
Countywide Plan.
Revised Staff Report - City Council- March 2, 2006 - Case LUZ2005-1 00 13
Page 5
III. COMPATIBILITY WITH SURROUNDING PROPERTY/CHARACTER OF THE
CITY & NEIGHBORHOOD [Sections 4-602.F.2 & 4-603.F.3]
Recommended Findings of Fact:
A variety of uses characterize the area to the east and south of the site. They include a mix of
retail, residential and overnight accommodations. The area to the north is occupied by single
family residences, while the area to the west is the Gulf of Mexico.
The proposed Future Land Use Plan (FLUP) designation and rezoning are in character with the
overall FLUP designation in the area and are compatible with the surrounding uses. The
proposed Resort Facilities High (RFH) classification is consistent with the proposed use of the
area for multi-family dwelling units and overnight accommodations. Through a concurrent
amendment to Beach by Design: A Preliminary Design for Clearwater Beach and Design
Guidelines (BBD), no retail or commercial will be allowed in the area proposed to be rezoned.
The change in the zoning from Medium High Density Residential (MHDR) to Tourist (T) is
more compatible with the proposed height of certain portions of the district being permitted to 65
feet.
Recommended Conclusions of Law:
The proposed plan and zoning atlas amendments are compatible with surrounding properties and
the character of the City and neighborhood.
IV. SUFFICIENCY OF PUBLIC FACILITIES
Recommended Findings of Fact:
As stated earlier, the overall subject site is approximately 7,94 acres in area and is presently
occupied by single family and multi-family residential, as well as overnight accommodations.
The applicant is requesting to amend the FLUP designation of the site to the Resort Facilities
High (RFH) and to rezone it to the Tourist (T) District. The current FLUP Residential High
(RR) category permits a primary use of only residential. However, the Resort Facilities High
(RFH) category permits the development of both residential and transient accommodations, as
well as tourist facilities and offices.
Roadwavs
The accepted methodology for reviewing the transportation impacts of proposed plan
amendments is based on the Pinellas Planning Council's (PPC's) traffic generation guidelines.
The PPC's traffic generation rates have been calculated for the subject site based on the existing
and proposed FLUP categories and are included in the next table that examines the maximum
potential traffic of the future land use plan amendment from the Residential High (RR) to the
Resort Facilities High (RFH) classification.
Based on the 2005 Pinellas County Metropolitan Planning Organization (MPO) Level of Service
Report, the segment of Mandalay Avenue in the Level of Service (LOS) Report that is most
affected by traffic in the Old Florida District is the one that runs from Royal Way south to Pier 60
that has a LOS ofe.
Revised Staff Report - City Council- March 2, 2006 - Case LUZ2005-1 00 13
Page 6
Maximum Dail Added Potential Tri s
Maximum PM Peak Hour Added Potential Tri S3
Volume of Mandalay A venue from El Dorado Circle
to Pier 60 13,939 15,392 16,400 1,008
LOS of Mandalay Avenue from Royal Way to Pier
60 C C C C
N/A = Not A licable LOS = Level of Service
I = Based on PPC calculations oftri s er acre er da for the Residential Suburban Future Land Use Cate 0 .
2 = Based on PPC calculations oftri s er acre er da for the Residential Low Medium Future Land Use Cate 0
3 = Based on MPO K-factor of 0.095
Source: "The Coun ide Plan Rules", as amended throu h Au ust 8, 2005 b the Pinellas Plannin Council.
Traffic from the subject site will be distributed to Mandalay Avenue. The site is currently
accessed from the north and south along the beach corridor via that roadway. The proposed
FLUP category of Resort Facilities High (RFH) could generate an increase in PM peak hour
traffic on this segment of Mandalay Avenue by a total of 96 trips. Based on the volume/capacity
ratio that takes into account the signalization and number of lanes, it will not result in the
degradation of the existing LOS to the surrounding road network according to the City of
Clearwater Engineering Department Additionally, the concurrent Beach by Design amendment
will preclude commercial or office uses from developing in this area.
Specific uses that are permitted in the current and proposed zoning districts have also been
analyzed for the level of vehicle trips that could be generated based on the Institute of
Transportation Engineer's Trip Generation report. Please note that detached dwellings will not
be permitted in the proposed zoning and future land use plan, but overnight accommodations will
be. Below is this comparison in the change of land use that will be permitted.
High-Rise Residential N/A N/A
Condominium/Townhouse
Pro
High-Rise Residential 996 0 91 0
Condominium/Townhouse
Hotel 3,243 2,247 242 151
The City of Clearwater Engineering Department has concluded that the transportation impacts
associated with this land use plan amendment will not result in the degradation of the existing
Revised Staff Report - City Council- March 2, 2006 - Case LUZ2005-10013
Page 7
LOS to the surrounding road network. The LOS in that section of Mandalay Avenue will not be
degraded if the site is used for overnight accommodations.
Mass Transit
The Citywide LOS for mass transit will not be affected by the proposed plan amendment. The
total miles of fixed route service will not change; the subject site is located along an existing
transit route named the Suncoast Beach Trolley with service along Mandalay Avenue from
approximately 6:30 AM to 9:20 PM and virtually all headways are less than or equal to one hour.
Service is provided by the Pinellas Suncoast Transit Authority (PST A) and the Trolley connects
at various points to five different bus routes along the beach area, as well as has access to the
Park Street Terminal in downtown Clearwater.
Water
The current and proposed FLUP categories could use up to 59,550 gallons per day. The
proposed land use will not negatively affect the City's current LOS for water.
Wastewater
The current and proposed FLUP categories could produce up to 47,640 gallons per day. The
proposed land use amendment will not negatively affect the City's current LOS for wastewater.
Solid Waste
The current and proposed FLUP categories would result in the production of 604 tons of solid
waste per year. The proposed land use and plan amendment will not negatively affect the City's
current LOS for solid waste disposal.
Recreation and Open Space
The proposed future land use plan and zoning designations could permit the development of up
to 238 units. However, payment of an Open Space, Recreation Land and Recreation Facility
impact fee will not be required at this time; impact fees will be required as the sites are
redeveloped with new uses that result in an increase in units. The amount and timing of this fee is
dependent on the number of developed units and will be addressed and paid during the site plan
reVIew process,
Recommended Conclusions of Law:
It has been determined that the traffic generated by this plan amendment will not result in the
degradation of the existing LOS to the surrounding road network.
It has also been determined that the amendment and rezoning will not negatively affect the City's
current level of service for mass transit, water, wastewater, solid waste, or recreation and open
space. Based on the findings above, the proposed FLUP and rezoning does not require nor affect
the provision of public services in a negative manner.
Revised Staff Report - City Council- March 2, 2006 - Case LUZ2005-1 00 13
Page 8
V. IMPACT ON NATURAL ENVIRONMENT [Section 4-603.F.5.]
Recommended Findings of Fact:
As properties are redeveloped, site plan approval will be required. At that time, the stormwater
management system will be required to meet all City and Southwest Florida Water Management
District (SWFWMD) stormwater management criteria.
Recommended Conclusions of Law:
Water quantity and quality will be controlled in compliance with the Clearwater Comprehensive
Plan. The entire area is located in either Flood Zone of AE or VB, but is entirely developed.
Consequently, as the area is redeveloped, the natural environment will not be affected adversely.
VI. LOCATION OF DISTRICT BOUNDARIES [Section 4-602 .F.6.]
Recommended Findings of Fact:
The location of the proposed Tourist (T) District boundaries are logical based on the historical
use of this property and the majority of the remainder of the Old Florida District which is zoned
as T. This rezoning will consolidate this site into the appropriate zoning district. It will blend
into the existing zoning and uses of the Old Florida District.
Recommended Conclusions of Law:
The district boundaries are appropriately drawn in regard to location and classifications of streets
and ownership lines.
VII. CONSISTENCY OF DEVELOPMENT WITH COMMUNITY DEVELOPMENT
CODE AND CITY REGULATIONS [Sections 2-701.1 & 4-602.F.1. and .2.]
Recommended Findings of Fact:
The existing future land use plan category and zoning district permits 30 dwelling units per acre.
The proposed Resort Facilities High (RFO) land use category and Tourist (T) district also permits
30 dwelling units per acre, but also allows 40 units per acre for overnight accommodations.
Recommended Conclusions of Law:
The proposed use of this property as multi-family residential and overnight accommodations is
consistent with the uses allowed within the Tourist (T) zoning district.
Approval of this land use plan amendment and zoning district designation does not
guarantee the right to develop on the subject property. Transportation concurrency must
be met, and the property owner will have to comply with all laws and ordinances in effect
at the time development permits are requested.
SUMMARY AND RECOMMENDATIONS
An amendment of the FLUP from the Residential High (RR) category to the Resort Facilities
High (RFH) category and a rezoning from the Medium High Density Residential (MHDR) to the
Revised Staff Report - City Council- March 2, 2006 - Case LUZ2005-1 00 13
Page 9
r
Tourist (T) District for the subject site is requested. This 7.94 acre site is compatible with the
proposed use of the property for multi-family attached dwellings and overnight accommodations,
and the proposed future land use plan amendment and rezoning is compatible with the existing
neighborhood. The remainder of the Old Florida District consists of multi-family residential
dwellings, overnight accommodations, retail and public uses.
The Planning Department recommends the following actions on the request based on the
recommended findings of fact and recommended conclusions of law:
a) Recommend APPROVAL of the Future Land Use Plan amendment from the Residential
High (RH) Classification to the Resort Facilities High (RFH) Classification; and
b) Recommend APPROVAL of the rezoning from the Medium High Density Residential
(MHDR) District to the Tourist (T) District.
Prepared by Planning Department staff:
Sharen J arzen, Planner ill
Attachments:
Application
Location Map
Aerial Photograph of Site and Vicinity
Land Use Plan Map
Zoning Map
Existing Surrounding Uses
Site Photographs
s: IPlanning DepartmentlC D BILand Use AmendmentsILUZ 2005\LUZ2005-l 0013 Old Florida District, City of ClearwaterlLUZ2005-1 0013
Staff Report. doc
Revised Staff Report - City Council- March 2, 2006 - Case LUZ2005-1 00 13
Page 10
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City Council
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Tracking Number: 1,918
Actual Date: 03/02/2006
Subject / Recommendation:
Adopt Ordinance 7597-06 on second reading, repealing Chapter 30, Article V. Clearwater Code
or Ordinances, relating to tolls on the Clearwater Pass Bridge.
Originating: City Attorney
Section Second Readings - publiC hearing
Category: Second Reading
Public Hearing: Yes
Advertised Dates: 02/18/2006
Financial Information:
Review Approval
Pam Akin
02-06-2006 10:31 :02
Cvndie Goudeau
02-15-2006 09:33:37
tA-\
\0, \
ORDINANCE NO. 7597-06
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
RELATING TO THE TRAFFIC AND MOTOR VEHICLES;
REPEALING CHAPTER 30, ARTICLE V. CLEARWATER CODE
OF ORDINANCES, RELATING TO TOLLS ON THE
CLEARWATER PASS BRIDGE; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, there are no tolls collected on the Clearwater Pass Bridge; now,
therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Chapter 30, Article V" Clearwater Code of Ordinances, is hereby
amended as follows:
Article V., Reserved. Cloarwator P-ass Bridgo
Sec. 30.161. Toll schedule.
The rates adopted for the use of Clearwater Pass Bridge are as proscribed
in appendix ^ to this Code.
Sec. 30.162. Failuro to pay toll; exceptions.
(1) It shall be unla'Nful for the operator of any motor vehicle, truck, bus, or taxicab to
operate such vehicle through the toll booth located on Clearwater Pass Avenue at tho
Clearwater Pass Bridge '/.'ithout first paying the posted toll for each motor vehicle, truck,
bus, or taxicab except as provided for in this section.
(2) The follmving persons shall be exempt from the payment of the toll:
(a) Any person operating an automobile or other vehicle belonging to the military
department of the state used for transperting military personnel, stores and property,
when properly identified, while on official military business;
(b) Any handicapped person v.'ho has a valid driver's license, who operates a vehicle
specially equipped for use by the handicapped, and who is certified by a physician
licensed under F.S. ch, 458 or 459, or by comparable licensing in another state or by
the Adjudication Office of the Veterans I\dministmtion as being severely physically
disabled and having permanent upper limb mobility or dexterity impairments 'I.'hich
substantially impair the person's ability to deposit coins in toll baskets.
Sec. 30.163. Exemption application and records.
Ordinance No, 7597-06
The finance diroctor is authorizod to develop a Clearwater Pass Bridge exemption
application to bo completod by all affected bridge users, oxcluding pedostrians, as
spocified in soction 30,161. Tho exemption provided in soction 30.161 shall not be
eff-octi'Je until such application is completed and approved by the f.inanco director. Such
application shall specify the reasonable identification procedure to be utilized by
Clearwater Pass Bridgo personnel in granting toll exempt use of Clearv/ator Pass
Bridge and rGcording exempt user reports to the appropriate user class and benefiting
agency. Such roports shall be maintained by bridge personnel and submitted
periodically to tho finance director.
Sec. 30.164. Token system.
(1) The finance director shall bo responsible for obtaining and selling tokens. The city
manager shall determine the placos within tho city 'NhorG such tokons V/ill bo sold and
shall establish regulations relating to the sale and distribution of the tokens.
(2) The city shall have no obligation to repurchase any of the tokens sold in the manner
pro'Jided in this section.
(3) The token systom provided for in section 30.161 shall be limited to two axle
vehicles, including motorcycles, mopeds, and public agency buses, but excluding
private buses and vehicles towing trailers.
Section 2. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Cynthia E. Goudeau
City Clerk
Pamela K. Akin
City Attorney
2
Ordinance No. 7597 -06
~.., -,'- ..'.... 'stNter,
u~
City Council
_=,_~~~a co'!~.~"M.!.~~..~!.!!.~!I~I!!".._="...,.
CA-~
IO.d
Tracking Number: 1,919
Actual Date: 03/02/2006
Subject / Recommendation:
Adopt Ordinance 7601-06 on second reading, vacting that part of the five-foot drainage and
utility easement lying along the west property line of Lot 1, Block A, Bayside Subdivision
Number 5,
Originating: City Attorney
Section Second Readings - public hearing
Category: Second Reading
Public Hearinq: Yes
Advertised Dates: 02/18/2006
Financial Information:
Review Approval
Pam Akin
02-06-2006 10:32:00
Cvndie Goudeau
02-15-2006 09:34:46
ORDINANCE NO. 7601-06
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, VACATING THAT PART OF THE FIVE-FOOT
DRAINAGE AND UTILITY EASEMENT LYING ALONG THE
WEST PROPERTY LINE OF LOT 1, BLOCK A, BAYSIDE
SUBDIVISION NUMBER 5; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, City of Clearwater, owner of real property located in the City of
Clearwater, has requested that the City vacate the drainage and utility easement depicted
in Exhibit A attached hereto; and
WHEREAS, the City Council finds that said easement is not necessary for
municipal use and it is deemed to be in the best interest of the City and the general public
that the same be vacated; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The following:
That part of the 5-foot drainage and utility easement lying along the west property
line of Lot 1, Block "A", Bayside Subdivision Number 5, as recorded in Plat Book
38, Page 38 of the Public Records of Pinellas County, Florida that lies within and
north of the drainage and utility easement recorded in Official Record Book 14732,
Pages 1885-1889 of the Public Records of Pinellas County, Florida, said
easement described as:
From the Southwest corner of Lot 1, Block A, of Bayside Subdivision Number 5, as
recorded in Plat Book 38, Page 38 of the Public Records of Pinellas County,
Florida: thence N 120 34' 30" E, along the west line of said Lot 1, 69.60 feet, to the
POINT OF BEGINNING; thence continue N 12034' 30" E, along said west line
23.21 feet; thence N 330 32' 54" E, 28.30 feet; thence N 600 26' 41" E, 95,09 feet;
to a point on the north line of said Lot 1, thence S 540 25' 30" E, along said north
line, 16.53 feet; thence S 600 26' 41" W, 98.46 feet; thence S 330 32' 54" W, 40.80
feet; thence S 830 40' 46" W, 8.62 feet to the POINT OF BEGINNING.
is hereby vacated, and the City of Clearwater releases all of its rights in the servitude as
described above to the owner of the servient estate thereto.
Section 2. The City Clerk shall record this ordinance in the public records of
Pinellas County, Florida, following adoption.
Section 3. This ordinance shall take effect immediately upon adoption.
Ordinance No. 7601-06
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
Bryan D. Ruff
Assistant City Attorney
Frank V. Hibbard
Mayor
Attest:
Cynthia E. Goudeau
City Clerk
Ordinance No, 7601-06
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City Council
_@,~gend~t.,~.~ver Memorandum
10,3
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Tracking Number: 1,920
Actual Date: 03/02/2006
Subject I Recommendation:
Adopt Ordinance 7602-06 on second reading, vacating the triangular blanket storm sewer
easement lying west of lot 21, Sue Barco subdivision, subject to an existing 30-inch storm sewer
easement lying along and across said property.
Originating: City Attorney
Section Second Readings - public hearing
Cateoory: Second Reading
Public Hearino: Yes
Advertised Dates: 02/18/2006
Financial Information:
Review Approval
Pam Akin
02-06-2006 10:36:56
Cvndie Goudeau
02-15-2006 09:35:45
ORDINANCE NO. 7602-06
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, VACATING THE TRIANGULAR BLANKET
STORM SEWER EASEMENT LYING WEST OF LOT 21,
SUE BARCO SUBDIVISION, SUBJECT TO AN EXISTING
30-INCH STORM SEWER EASEMENT ALONG AND
ACROSS SAID PROPERTY; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, Clearwater Bay Marina, LLC, owner of real property located in the
City of Clearwater, has requested that the City vacate the storm sewer easement
depicted in Exhibit A attached hereto; and
WHEREAS, the City Council finds that said easement is not necessary for
municipal use and it is deemed to be in the best interest of the City and the general public
that the same be vacated; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The following:
the storm sewer easement described as follows:
Begin at the Northeast corner of Lot 22, in Sue Barco's Subdivision as
recorded in Plat Book 1, Page 26 of the Public records of Pinellas County,
Florida; run thence southerly along the East boundary of said Lot 22 a
distance of 30.0 feet; thence N 890 24' 59" W, 136.63 feet; thence N 7]0 00'
39" W, 75.04 feet for the POINT OF BEGINNING; thence continue N 770
00' 39" W, 497.63 feet; thence S 620 39' 09" E, 356.26 feet; thence N 720
54' 13" E, 176.24 feet to the POINT OF BEGINNING, together with all
riparian rights and submerged lands thereto pertaining.
Subject to an existing 3D-inch storm sewer easement along and across said
property for the purpose of repairing, replacing or maintaining said storm
sewer.
is hereby vacated, except that this vacation shall be null and void if the owner of the
property does not dedicate a replacement stormwater easement which shall be located
10 feet on either side of the 30-inch stormwater line within six (6) months of the date of
this ordinance. Upon satisfaction of this condition, the City of Clearwater releases all of
its rights in the servitude as described above to the owner of the servient estate thereto.
Section 2. The City Clerk shall record this ordinance in the public records of
Pinellas County, Florida, following adoption.
Ordinance No, 7602-06
Section 3. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Cynthia E. Goudeau
City Clerk
Bryan D. Ruff
Assistant City Attorney
Ordinance No, 7602-06
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City Council
,,~_~g=~ndaJ;:',~,!er Memorandum
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Tracking Number: 1,921
Actual Date: 03/02/2006
Subject / Recommendation:
Adopt Ordinance 7583-06 on second reading, vacating the is-foot utility easement located
between the easterly right-of-way line of Belcher Rd., and the north property line of Lot 95,
Village on the Green Patio Homes Subdivision.
Originating: City Attorney
Section Second Readings - public hearing
Category: Second Reading
Public Hearinq: Yes
Advertised Dates: 02/18/2006
Financial Information:
Review Approval
Pam Akin
02-06-2006 10: 37: 50
Cvndie Goudeau
02-15-2006 09:36:54
ORDINANCE NO. 7583-06
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, VACATING THE 15-FOOT UTILITY EASEMENT
LOCATED BETWEEN THE EASTERLY RIGHT-OF-WAY
LINE OF BELCHER ROAD, (COUNTY ROAD 501), AND
THE NORTH PROPERTY LINE OF LOT 95, VILLAGE ON
THE GREEN PATIO HOMES SUBDIVISION; PROVIDING
AN EFFECTIVE DATE.
WHEREAS, Executive Corporation of Clearwater, Inc., owner of real property
located in the City of Clearwater, has requested that the City vacate the utility easement
depicted in Exhibit A attached hereto; and
WHEREAS, the City Council finds that said easement is not necessary for
municipal use and it is deemed to be in the best interest of the City and the general public
that the same be vacated; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The following:
15-foot utility easement described as follows:
Commence at the Northwest corner of the Southwest ~ of Section 30,
Township 28 South, Range 16 East, Pinellas County, Florida; thence SOOo
19' 55" E, along the West line of Said Southwest ~ of Section 30 (being the
basis of bearings for this legal description), for 444.65 feet; thence leaving
said West line of the Southwest ~ of Section 30, S130 28' 10" E, for 233.25
feet to the POINT OF BEGINNING of a parcel lying 7.5 feet on either side
of the following described centerline, same being the point of intersection
with the centerline of that certain easement as described in Official Records
Book 4223, page 1502 of the Public Records of Pinellas County, Florida;
thence the following six (6) courses along said centerline of that certain
easement as described in Official Records Book 4223, Page 1502; (1)
thence N690 24' 30" E, for 251.75 feet: (2) thence N890 02' 37" E, for
170,60 feet; (3) thence S56012' 38" E, for 43.69 feet to the centerline of
Well Number 64, said Well 64 being bounded by a 10-foot square with
sides lying in a cardinal direction; (4) thence S880 08' 02" E, for 491.15 feet;
(5) thence S430 56' 22" E, for 23.84 feet to the POINT OF TERMINUS, said
POINT OF TERMINUS lying S5r 39' 31" E, 1191.76 feet from said
Northwest corner of the Southwest ~ of Section 30.
is hereby vacated, except that this vacation shall be null and void if the owner of the
property does not dedicate a replacement easement within six (6) months of the date of
Ordinance No. 7583-06
this ordinance. Upon satisfaction of this condition, the City of Clearwater releases all of
its rights in the servitude as described above to the owner of the servient estate thereto.
Section 2. The City Clerk shall record this ordinance in the public records of
Pinellas County, Florida, following adoption.
Section 3. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Bryan D. Ruff
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No. 7583-06
City Council
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Tracking Number: 1,929
Actual Date: 03/02/2006
Subject / Recommendation:
Adopt Ordinance 7585-06 on second reading, annexing certain real property whose post office
address is 3012 Grand View Avenue, into the corporate limits of the City, and redefining the
boundary lines of the City to include said addition,
Originating: City Attorney
Section Second Readings - public hearing
Category: Second Reading
Public Hearinq: Yes
Advertis.ed Dates: 02/18/2006
Financial Information:
Review Approval
Pam Akin
02-07-2006 14: 15:39
Cvndie Goudeau
02-15-2006 09:39:03
<:..A-S
10.5
--~~' ---
ORDINANCE NO. 7585-06
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, ANNEXING CERTAIN REAL PROPERTY
LOCATED ON THE NORTH SIDE OF GRAND VIEW
AVENUE APPROXIMATELY 188 FEET WEST OF MOSS
AVENUE, WHOSE POST OFFICE ADDRESS IS 3012 GRAND
VIEW AVENUE, INTO THE CORPORATE LIMITS OF THE
CITY, AND REDEFINING THE BOUNDARY LINES OF THE
CITY TO INCLUDE SAID ADDITION; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the owner of the real property described herein and depicted on the map
attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the
City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable
requirements of Florida law in connection with this ordinance; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1, The following-described property is hereby annexed into the City of Clearwater
and the boundary lines of the City are redefined accordingly:
Lot 10, and the East 10.00 feet of Lot 11, Block G of KAPOK TERRACE
SUBDIVISION, according to the Plat thereof as recorded in Plat Book 36, Pages
14 and 1S, of the Public Records of Pinellas County, Florida
(ANX200S-1003S)
Section 2, The provisions of this ordinance are found and determined to be consistent
with the City of Clearwater Comprehensive Plan, The City Council hereby accepts the dedication
of all easements, parks, rights-of-way and other dedications to the public, which have heretofore
been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk
and the Planning Director are directed to include and show the property described herein upon the
official maps and records of the City,
Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk
shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the
Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after
adoption, and shall file a certified copy with the Florida Department of State within 30 days after
adoption,
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No, 7585-06
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Proposed Annexation Map
Owner John & Gwynneth Kelley Case: ANX2005-10035
Site: 3012 Grand View A venue 0.26
Land Use Zoning
PIN: 09-29-16-45126-007-0100
From: RL (County) R-3 (County)
To: RL (City) LMDR (City) Atlas Page: 283A
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City Council
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Tracking Number: 1,930
Actual Date: 03/02/2006
Subject / Recommendation:
Adopt Ordinance 7586-06 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 3012 Grand View Avenue, upon annexation into the City of Clearwater as
Residential Low.
Originating: City Attorney
Section Second Readings - publiC hearing
Category: Second Reading
Public Hearing: Yes
Advertised Dates: 02/18/2006
Financial Information:
Review Approval
Pam Akin
02-07-2006
14:16:11
Cvndie Goudeau
02-15-2006
09:40:02
ORDINANCE NO. 7586-06
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE
COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND
USE FOR CERTAIN REAL PROPERTY LOCATED ON THE NORTH
SIDE OF GRAND VIEW AVENUE APPROXIMATELY 188 FEET WEST
OF MOSS AVENUE, WHOSE POST OFFICE ADDRESS IS 3012 GRAND
VIEW AVENUE, UPON ANNEXATION INTO THE CITY OF
CLEARWATER AS RESIDENTIAL LOW; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the
City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with
the City's comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1, The future land use plan element of the comprehensive plan of the City of Clearwater
is amended by designating the land use category for the hereinafter described property, upon annexation
into the City of Clearwater, as follows:
Property Land Use CateQorv
Lot 10, and the East 10,00 feet of Lot 11, Block G of Residential Low
KAPOK TERRACE SUBDIVISION, according to the Plat
thereof as recorded in Plat Book 36, Pages 14 and 15,
of the Public Records of Pinellas County, Florida
(ANX2005-10035)
Section 2, The City Council does hereby certify that this ordinance is consistent with the City's
comprehensive plan.
Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and
subject to the adoption of Ordinance No, 7585-06,
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
Frank V. Hibbard
Mayor
Attest:
Leslie K, Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No, 7586-06
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Future Land Use Map
Owner John & Gwynneth Kelley
Case:
Property
Size (Acres):
ANX2005- 10035
Site: 3012 Grand View Avenue
From:
To:
L____
Land Use
0,26
Zoning
PIN: 09-29-16-45126-007-0100
RL (County)
RL (City)
R-3 (County)
LMDR (City)
Atlas Page:
283A
~~
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City Council
_~.~B,endC!~,,~over Memor_f!lndu m ""'"',""
Tracking Number: 1,931
Actual Date: 03/02/2006
Subject / Recommendation:
Adopt Ordinance 7587-06 on second reading, amending the Zoning Atlas of the City by zoning
certain real property whose post office address is 3012 Grand View Avenue, upon annexation
into the City of Clearwater, as Low Medium Density Residential (LMDR).
Originating: City Attorney
Section Second Readings - publiC hearing
Category: Second Reading
Public Hearinq: Yes
Advertised Dates: 02/18/2006
Financial Information:
Review Approval
Pam Akin
02-07-2006 14: 16:49
Cvndie Goudeau
02-15-2006 09:40:58
CR-~
10.7
ORDINANCE NO. 7587-06
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE ZONING ATLAS OF THE CITY BY ZONING
CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE
OF GRAND VIEW AVENUE APPROXIMATELY 188 FEET WEST
OF MOSS AVENUE, WHOSE POST OFFICE ADDRESS IS 3012
GRAND VIEW AVENUE, UPON ANNEXATION INTO THE CITY
OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL
(LMDR); PROVIDING AN EFFECTIVE DATE.
WHEREAS, the assignment of a zoning district classification as set forth in this ordinance
is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive
plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following described property located in Pinellas County, Florida, is hereby
zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is
amended, as follows:
Property
Lot 10, and the East 10,00 feet of Lot 11, Block G of
KAPOK TERRACE SUBDIVISION, according to the Plat
thereof as recorded in Plat Book 36, Pages 14 and 15,
of the Public Records of Pinellas County, Florida
(ANX2005-10035)
ZoninQ District
Low Medium Density
Residential
(LMDR)
Section 2. The City Engineer is directed to revise the zoning atlas of the City in
accordance with the foregoing amendment.
Section 3. This ordinance shall take effect immediately upon adoption, contingent upon
and subject to the adoption of Ordinance No, 7585-06,
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V, Hibbard
Mayor
Approved as to form:
Attest:
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No, 7587-06
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Owner John & Gwynneth Kelley Case: ANX2005-10035
Site: 3012 Grand View Avenue Property 0.26
Size (Acres):
Land Use Zoning
PIN: 09-29-16-45126-007-0100
From: RL (County) R-3 (County)
To: RL (City) LMDR (City) Atlas Page: 283A
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City Council
Il. I
Tracking Number: 1,873
Actual Date: 03/02/2006
Subject / Recommendation:
Approve settlement of the liability claim of Deana Auld and authorize payment of $32,844,88.
,
Summary:
On August 12, 2005, Corey Auld, 9 year old son of Deana Auld dropped from a piece of
recreational equipment known as a zip line. When Corey Auld landed on the ground he lost his
balance and fell and sustained a right arm fracture requiring two surgical repairs. At the time of
the fall Corey Auld was in an after school program at Countryside Recreation Center.
Deana Auld incurred $32,844.88 in medical bills for treatment of Corey Auld's injury.
The City's limit of liability as provided by Section 768.28, Florida Statutes is $100,000. Deana
Auld has agreed to accept $32,844.88 for full and complete settlement of her claim. The City's
Risk Management Division and City's Claims Committee recommend this settlement.
Funding for the payment of this settlement is available in the budget for claims expense in the
Central Insurance Fund.
Originating: Finance
Section Consent Agenda
Category: Agreements/Contracts - with cost
Public Hearing: No
Financial Information:
~ Other
Bid Required? No
Bid Exceptions:
Other
Other Contract?
Self Insurance Fund
In Current Year Budget?
Yes
Budget Adjustment:
No
Current Year Cost:
$32,844,88
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For Fiscal Year:
10/01/2005 to 09/30/2006
Total Cost:
$32,844.88
Not to Exceed:
$32,844,88
Appropriation Code(s)
590-07000-545900-519-000
Amount
$32,844,88
Comments
Self Insurance Fund
Review Approval
Pam Akin
01-18-2006 10:50:40
02-06-2006 08:33: 16
01-18-2006 10:58:54
02-03-2006 13:26:51
01-19-2006 09: 13: 19
02-03-2006 17:58:56
Maraie Simmons
Cvndie Goudeau
Tina Wilson
Garrv Brumback
Bill Horne
f'C\ Q.. - \
City Council
~m.m",*,~~.!:Ida ~~yer Memora~"~,~,~!L_,.**_",,*~,,,,*,_..*,.__
11.J
Tracking Number: 1,910
Actual Date: 03/02/2006
Subiect / Recommendation:
Approve increasing the award by purchase order to Williams Scotsman, Inc. for a custom modular
building at the Clearwater Airpark to $243,000 and authorize the appropriate officials to execute
same.
Summarv:
The City had contracted with Williams Scotsman Inc., through GSA Contract Number
GS-07F-0257M, to supply the fixed base operator building, which included the delivery, set up,
skirting, steps, ramp and general contracting per scope at a cost of $203,040. The City Council
awarded the contract on 8/15/05. Changes 1 and 2 were previously approved by the City
Manager. The first change order increased the purchase order by $12,713 to cover upgrading the
windows making them shatter resistant. The second change order covered additional cost for
extra site prep including removal of sidewalks, cut & balance for future roof covered parking, and
cut & remove dirt for rear decks ($1,565), and additional cost for 11 ft. extension of the 12 ft.
wide rear deck to the south with additional 11ft. of handrail ($3,075). The combined total of the
second change order is $4,640. The third change order will be $9,880 for additional deck work to
cover the entire rear of the building.
The difference between the total increased award of $243,000, and the original contract including
change orders ($230,273) is $12,727. This will be reserved for contingency items.
There are sufficient funds in the $253,500 JPA with the FDOT to cover the total project cost
provided at an 80/20 split, $202,800 FDOT/$50,700 City. There will be $10,500 remaining in the
JPA.
The original (contract sum) was ................ $203,040
Change order #1 for upgrading windows .......... 12,713
Change order #2 for site prep & deck extension... 4,640
Change order #3 additional for entire rear deck ... 9,880
Total......................................... $230,273
Reserved for contingencies ..................... 12,727
Grand Total................................... $243,000
Originatino: Marine and Aviation
Section: Consent Agenda
Cateoorv: Agreements/Contracts - with cost
Public Hearing: No
Financial Information:
Type: Purchase
Bid Required? No
Bid Exceptions:
Other
ter
City Council
",,,,,*_.~g~n~.!!....~o~~.rMM~mora,n_~.~.!!!,*,,_,,,____.
Other Contract?
Already awarded to Williams Scotsman, Inc. - adding change order funding covered in JPA
In Current Year Budaet?
Yes
Budget Adiustment:
No
Current Year Cost:
$243,000.00
For Fiscal Year:
03/02/2006 to 04/30/2006
Total Cost:
$243,000.00
Not to Exceed:
$243,000.00
Review Approval
Bill Morris
Bryan Ruff
01-27-2006 16:21:59
02-22-2006 12: 16: 11
02-23-2006 08:51:54
01- 30- 2006 14:33:44
02-23-2006 09:04:29
02-23-2006 21 :23:01
01-30-2006 15:38:43
02-23-2006 08:52:50
02-24-2006 09:03:09
Georae McKibben
Rod Irwin
Tina Wilson
Cvndie Goudeau
Bill Horne
Rod Irwin
Sue Diana
r
City Council
Cover Memorandum
Sw-\
\ \ ' 3
Tracking Number: 1,922
Actual Date: 03/02/2006
Subject / Recommendation:
Declare as surplus and authorize trade-in G2323, 2000 New Holland TSll0 w/ Motrim 26' boom
and 60" rotary cutter; award a contract to Alamo Direct Govt, Sales for the purchase of one John
Deere 7220 tractor with Alamo Maverick 30' Boom with 60" rotary cutter for $93,564,08 and
authorize the lease purchase of the tractor.
Summary:
G2372, New Holland slope mower, has major structual failures in both booms due to metal
fatigue and repair costs are considerably higher than the value of the unit.
Fleet will move the boom assembly from G2323 to G2372 and trade G2323, the oldest tractor
for the new mower.
Mid year budget amendments will recognize an increase of $93,564.08 to capital project
316-94234, Motorized Equipment Lease Purchase, in order to provide funding for the purchase.
In addition, increases in operating codes in the amount of $10,390 to
566-06612-571300-582-0000 and $1,870 to 566-06612-572300-519-0000 will be necessary to
provide for the debt payments on the lease for the remainder of the year, which will be offset by
a like increase in revenue from Public Services. Public Services has the operating savings in
their budget to offset the related charges from Fleet.
Originating: Solid Waste/General Services
Section Consent Agenda
Category: Basic Purchasing item for another department
User Department: Public Services
Number of Hard Copies attached: none
Public Hearing: No
Financial Information:
~ Debt - Lease
Bid Required? No
Bid Exceptions:
Other Government Bid
Other Contract?
Florida State Contract # 7-765-900-P, Commodity Code # 765-650-200
In Current Year Budget?
Yes
r
~"',.~.......- <t\tet
u~
City Council
Cover Memorandum
Budget Adjustment:
Yes
Budaet Adiustment Comments:
See budget amendment information in Summary section,
Current Year Cost:
$93,564.08
Total Cost:
$93,564.08
Appropriation Code(s)
566-06612-572300-519-000
566-06612-571300-582-000
316-94234
Amount
$1,870.00
$10,390.00
$93,564.08
Comments
Fleet Interest
Fleet Principal
Motorized Equipment Lease Purchase
Review Approval
Rick Carnlev
Georqe McKibben
02-16-2006 17:00:54
02-20-2006 09:32:36
02-22-2006 12: 19:42
02-15-2006 14:31:37
02-17-2006 13:21:17
02-22-2006 18:11:24
02-17-2006 16:06:29
02-23-2006 08:47:59
Tina Wilson
Rod Irwin
Garv Johnson
Rav Boler
Bill Horne
Cyndie Goudeau
~.~
u~ "~..~.",,_~,~,,~~a ~,~~,~w!:~~!!!~!!:!,,~~"um _w~."""__~"~
City Council
D0~- \
11.L4
Tracking Number: 1,896
Actual Date: 03/02/2006
Subject / Recommendation:
Approve a 5-year Management Agreement with Robert E. and Patricia A, Smith, husband and
wife, to oversee 444 acres, more or less, of City-owned agricultural lands in Sections 19 and 20,
Township 27 South, Range 17 East, Hillsborough County, Florida, in consideration of the
undertakings, promises and agreements contained therein, and authorize appropriate officials to
execute same. .
Summary:
In 1981 the Clearwater City Manager entered into a Letter of Agreement with E. Palomino Dairy,
Inc. ("Palomino"), the officers of which were Robert E. and Patricia A. Smith of Odessa, Florida,
to manage approximately 65 acres of undeveloped lands at the City's Northeast Wastewater
Treatment Facility. Palomino maintained the City's spray field irrigation system and kept the
acreage fertile in exchange for being able to harvest the grass crop from the lands.
In October 1983 the City acquired its first property that would eventually total 900 acres of
agricultural lands in Hillsborough County. The City Manager then entered into a second
agreement with Palomino to manage the Hillsborough lands in exchange for Palomino being able
to harvest a winter oats crop for cattle feed.
Over the years the City and Palomino entered into a series of Letters of Agreement that reflected
fluctuating acreage in City ownership, and fluctuating rights and responsibilities of the parties,
The broad basis of all the agreements was that Palomino would provide oversight and security,
and maintain the lands as fertile agricultural greenbelt in exchange for being able to utilize the
property to graze and grow beef cattle.
The Smiths eventually dissolved E, Palomino Dairy as an active corporation. The subject
agreement updates and reflects the current management relationship between the City and the
Smiths individually, and the respective obligations and benefits for each party.
The Smiths will continue to have the right to graze beef cattle and plant and harvest crops in
exchange for continuing to provide agricultural management and property security.
A copy of the Management Agreement is available for review in the Office of Official Records and
Legislative Services.
Originating: Engineering
Section Consent Agenda
Category: Agreements/Contracts - without cost
Number of Hard Copies attached: 1
Public Hearing: No
Financial Information:
Review Approval
~~
u~
Michael Ouillen
Garrv Brumback
Laura Lioowski
Bill Horne
Cyndie Goudeau
City Council
_,,~=~~~ CO~.~IJ~,,~!'1orandum
02-01-2006 15:34:07
02-15-2006 10:09: 13
02-09-2006 11:58:45
02-16-2006 16:51:44
02-17-2006 08:41 :21
FYI AGENDA ITEM.#1896... LOCATOR MAP
CITY OWNED PROPERlY - HILLSBOROUGH COUNTY
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n.4
MANAGEMENT AGREEMENT
THIS MANAGEMENT AGREEMENT (hereafter, I'Agre.ement") made and entered
into this daYQf , ' ,2006,by and between the
CITY OF CLEARWATER, FLORIDA.. a municipal corporation, P.O. 4748,
Clearwater, FI. 33758-4746 C'City"),and ROBERTE.and PATRICtA A. SMITH,
husband and wife. 12220 Qarden Lake Qircle, Odessa, F1.3$556 ("Manage!"');
WIT N E SSE T H:
WHEREAS, the City owns 444 acres, more or less, being portions of
Secti9n~19andgO, Township g7 South, Range 17 East, HiIlsboIough County,
Florida ("property"); and,
WHEREAS,. the Manager, dlb/(i E. PalominO Dairy, Inc., .underagreement
with lheGity, has overseen and managed the City property since 1982; and,
WHEREAS,the current agreement between the parties will terminate on
March 28,'2006; ancl.
WHEREAS, the parties desire to enter into a new agreement to
commenCe On March2S. 2006 and extend through March 28,2011; and,
WHEREAS,ths. Parties acknowledge that various provisions of the current
agreement are no longer applicable now or in the future, including but not limited
to the dissolution of E. Palomino Dairy. Inc. as a legal entity; and now desire to
amend said agreement to better establish currentconditiQns regarding the
property, and the future responsibilities of each of the parties as same may relate
thereto; and,
WHEREAS, the City lands have previously been utilized for disperSal and
dI~posal of treated sewage sludge, and that use. of the prop~rty has been
discontinued; and,
WHEREAS, as of the date hereof, the only planned City use of the
property Is for deposit and dispersal of approximately 100,000 cubic yards of
collected submerged lands sediment over approximately 25 acre~l,)f the property
commencing In 2006; a.nd I
WHEREAS, the Managel'shaU have the privilege of utilizing the remainder
of the property for the purpose of grazing beef cattle, planting and harvesting of
hay and other grass crop;
NOW, THEREFORE, the p~rtiesinconsiqeration of the undertakings,
promises and agreements. herein contained. agree. and covenant with each other
as follows:
U:\My Doc\Jments\SMITH MGMTAGREE 1205,doc
1. TEAM: This Agreement shaH. run fora' period of five (5) years
commencing .on.. March 29, 2006 and continue throug~ March 28,
2011. unless sooner terminated by either Party as provided
hereafter.
2. RENT: In . Consideration of Manager fulfilling its obligations
hereunder, the City acknowledges reqeipt of $1.00 and the benefits
to be deriVed therefrom as sufficient rent forthe ferm hereof.
a. RESERVED: The City specifically. reser\le$unto it$8lf the right and
privilege of deposit and dispersal of submerged lands sediments as
above described, together.with unimpeded ingress and e~re$s. to
thedispersaUocation, together with all other rights of ownership not
exptesslyconveyed to Manager under provisions of this
Agreement.
4. LAND USE: The Manager.shaHhi:\ve the privilege of grazing beef
oattle over all portions of theprQperty suitable forgrazingthat.are
not utilized for the aforementioned City purposes, so long as the
number and size of the herddoe-s not l,,mreasonably overburden the
property.
5. OPERATION . AND MAINTENANCE: The parties agree that
Manager shall have the privilege of fencinQandcross ferming the
property as . desirable. for grazing cattle,. together with the privilege
of planting and harvesting ofgrass crop so long as Managerutllizes
best management practices in agricultural land management.
6. MANAGER COVENANTS: In consideration of Manager utilizing
the property ~s above describa(t, Manager further cQvena.ntsa.nd
agree.as follow.s:
a. Manager shaH, at Manager's expanse, maintain both perimeter
and interior cross fencing in reasonable and secure condition.
b, Managetshall at all times providereasonabJe supervision of the
property to insure against fire, trespass, and any other activity
that may be. detrimental to maintaining the agricultural character
and security of the property.
c, Upon reasonable notice by City, Manager will conduct tours of
the property for City representatives and its invitees.
7. INSURANCE: During the term of this Agreement Manager shall
obta.in and maintain a poIicy,orpplicieti!, of insuranc~ as follows:
U:\Mv Documents\SMITH MGMTAGREE 1205.doc
a. General. UabiHty Insurance that shall provide coverage on .an
"Occurrence" basis. The policy shall provide coverage for
death, Qodily injury, personal injury and property damage that
could arise . directly or Indirectly framthe performance and
operation of this Agreement. The minimum limits of coverage
shall b~>$300,2OOPer OcqurrenceOombined Single Limit fQr
Bodily Injury Liability ,and Property Damage. The City shall be
included and identified as an Additional .,lnsured . under the
policy, orpo.licies. and on the Certiflcate(s) of Insurance.
b. Theinsuranqe .c9veragesand conditions .affortjedbY. these
policies ~hall not be suspended, voided, cancelled or modified
except after thirty (30) days prior written notice by certified mail,
return receipt requested, has bgengiven to the Clty's Risk
Management Office.
c. All .insurance policies required within this provisionshaU providl9
full coverage from the first doHarofexposure unless stipulated.
No deductibles Will be aQcepted.other an as stipulated herein.
d. CElrtificates of .Insurance meeting thespecificrequlred inSUTctnCe
provisionsspecUied herein shall be forwarded to the City's Risk
ManaQement Office. ,and. approved prior to AQreement
commencement. After review, the Certificate(s) will bafHes as
part of the officiaJ Agreement file.
8. TERMINATION:
a. Eith~r party may termhiate thif5 AgreerTlent?1tany time
where good cause exists upon providing ninety (90) days Notice to
the other party. .
b. In the event the City determines ata duly constituted City
Council meeting that the subject lands are needed for any other
purpose consistent with the City charterl and serveS Manager with
sixty (eO) days Notice of such intended use.
9. NOTICE: Notice to the City.of ClealWater Whenever re.quired unger
the terms of this Agreement shall be as follows:
U:\My Documams\SMITH MGMT AGREE 120S.doc
1-
CITY:
CIty Manager
City ofCI~arwater
P.O. Box4748
Clearwater, FL 33758~4748
CONTRACTOR:
Mr. and Mrs. Robert Smith
12220 Garden Lake Circle
Odessa, Florida 33556
Copy: City Attorney
City of CIE~arwater
P.O. Box4r48
Clearwater, FI, 3?758~474f3
10. LAW: The laws of Florida $haUgovem .therights pf the parties
under this Agreement.
11. ENTIRE AGREEMENT:TI1E;t provisIons contained herein shall
constitute the entire agreement between the parties.
IN WITNE:SS WHEREOF, the parties have caused their signatures and
seals to beaftixedthe day and yearfirstc;tbovewritten.
~
WITNESS. '.. . a,ture
$~t>~~
Print Witness name
U:\My Documents\SMITH MGMTAGREE 1205.doc
MANAGER
U<%
Robert E,Smith
--:
'"
~,R~
Patricia A. 3rTiii('
City signatories
HE: Mamlgement Agreement
Robert E.& Patricia A. Smith
Countersigned:
Frank V. Hibbard
Mayor
Appro\l~d as to form:
Laura Upowsld
Assistant CiW Attorney
U:\My DocumenlS\SMITH MGMT AGREE 1205,dOC
.
CITY OF CLEARWATER
By:
WiIliamS. Horne. II
City Manager
Attest:
Cynthia E. Goudeau
City Clerk
I
~~
u~
City Council
_="''''~~,,~ CQ~,~,~,J:!~moran~"~M!!!""'__.'"'=
~~-d
)1.5
Tracking Number: 1,897
Actual Date: 03/02/2006
Subject / Recommendation:
Accept a perpetual Sidewalk Easement containing 50 square feet, more or less, and a perpetual
Sanitary and Utility Easement containing 1,490 square feet, more or less, over respective
portions of Lots 3, 4 and 21, LONGVIEW SUB., conveyed by Liberty Bank, a Florida corporation,
in receipt of $1.00 and the benefits to be derived therefrom.
Summary:
Liberty Bank ("Grantor") recently completed construction of its new two story banking center at
1617 Gulf to Bay Boulevard.
Site plan approval and issuance of a final certificate of occupancy required, among other
matters, that the Grantor convey a 10-foot wide sanitary easement to allow the City to maintain
a sanitary line that was relocated to facilitate construction.
The small corner clip for a sidewalk connection was also required to accommodate future
maintenance and replacement.
Copies of documentation conveying each easement is available for review in the Office of
Officials Records and Legislative Services.
Originatinq: Engineering
Section Consent Agenda
Category: Agreements/Contracts - without cost
Number of Hard Copies attached: 1
Public Hearing: No
Financial Information:
Review Approval
Michael Ouillen
Laura Lipowski
02-01-2006 15:35:07
02-17-2006 08:40:33
02-09-2006 11:32:32
02-15-2006 09:58:36
02-09-2006 11:34: 10
02-16-2006 16:52:22
Cvndie Goudeau
Laura Lioowski
Garrv Brumback
Bill Horne
Retum to:
Earl Barratt
Engineering Department
City of Clearwatet
P. O. Box: 4748
Clearw~ter, Fl. 34618-4748
RS: Parcel No. 14.29~15-52938.000.0030
SIDEWALK EASEMENT
FORAND INCONSIDERATION of the sum of One Dollar ($1.0Q) in hand paid to it, the
receipt of whIch is hereby acknowledged, andthehenefits to be derived therefrom,
LIBERTY BANK, a Florida corporation
1617 Gulf to Bay Boulevard, Clearwater, FI,33755
("Grantor'), does hereby. grant and .conyey to the CITY OF CLEARWATER, FLORIDA, a
Florida MunicipaICorponition{"Grantee"), an easement over, undel' and across the following
described land . lying and being situate in the County of Pinellas, State of Florida, to wit:
A portion 0' Lot 4 of the Plat entitJed"LONGVIEW" as recorded In Plat Book 11, Page 38
of the Public Records of PlneUas County, Florida, being mote particularly described and
depicted in EXHIBIT "A" appended hereto and a part hereof, Containing. 50 square feet,
more or less.
This easement is granted for installation and maintenance ola public sidewalk.
The CITY OF CLEARWATERj FLORIDA, shaH hav~ the right to enter upon the abQve-
described premiE)esal'ldto construct, install and maintain thereon such sidewalk and to inspect
and alter same from time to time. Grantee shall always, in the exercise of rights conveyed
herbr,fully restore the easement premises and any lmpadted portiol'lof(3rantor's. abutting
property to equa.IQr better condition as such qonditions may exist prior to the exercise of.said
rights by Grantee..
Grantor hereby warrants and covenants with Grantee that it is thedawful owner of the
fee. simple title to the herein describedeasetnent premises. that Grantor has full right and . lawful
authority to grant and Qonveythis easement to Grantee, and that~ranteeshall have quiet and
p.eacliful possesai<::>n, use and enjoyrnentofthis easement
It is expressly understood that Grantor reserves unto itself all rights of ownership of the
easement premises not inconsistent with the ea.sement rights granted herein,.;,..,..
ill
~fflf~nWI?
Jtf 2 If 2OC~
This easemanfj$ binding upon the Grantor. the Grl3ntee, theit$uccessQrs a.nd a$slgns.
The rights granted herein shall bEl.perpetualand irrevocable and shall run with the land. except
by the written mutuaLagreementot both parties. or by abandonment of the easement premises
by Grantee.
IN WITNESS Wl-tEREQF, the. undersigned grantor has caused these presents tp be
duly e~ecutedthi~ z~ day of 'JAAV'-J ,2006,
LIBERTY BANK, a Fl(jrida corporation
IT.~ . . ss si~atu.re/.
(jJf1i.... ;4~Z.e.,.'"_
Print Witness Name
~;~
Print Witness Name
By:
J.AI
Chi Financial Officer and
Executive Vice President
STATE OF FLORIDA
: ss
COUNTY OF PINELLAS
Thefor~goinginstrument.w~.sacknoWledgedbefore me.thlseJl3 . day of :JA.uu,qe~,
2006 by J. Alan Grandoff as Chief Financial OffIcer .and Executive Vice Presiden~ of L.I... .rty
Bank, a Florida corporation,WhoexecuteQ the. foregoin~instrurnenton behalfQfsaid
corporation, and who acknowle<lged the. execution thereqf to be his free act and deed for the
uses a p. ases the" xpress .
)I
,Ii'"
My Gommls~lon Expires;
Type/Print Name
..q).f~ GAIL VOANZEL
."'.... MY COMMISSION .DpjS6~
~..\\.~ EXPIIl.ES:Dec.3(l.20()9
l<I01l>>Hl~ 1'klrlR~~'"
~ Personally Kl10wn
r ] Produced Identification
Type of Identification Produced
tHIS JSNOT A SURVEY
EXHIBIT "An
lEGAL DE$CRIPTION=
A porUel" elf Lot 4 Hille Plot entltred"L.QNGVlEW" 011 recorded in PlatBok
ll,poge.38 offb. PllbHClRecord, of Piulla. County, Ftorlelo, being more
por f Iculo r I 'I du!:r i bed os t (I II oW's:
BEGIN af fhe Northeallt ~orn.r of Lot 4 olthoplotenlllltld "LONGViEW" as
rOQordod In Plot BoolIll, pose 38 of the Publ Ie Record, of Plnellas County.
flt,lrlda: thenc. $00002'07"'1\', lllonll the. Ead line of.lold Lot 4. 0 dl.tanu
of !C).ODtnf; fhenceluvln,g laid EOGt IIn.. N44024'.SY"W, jJdhJaue of
14,28 fedtofh. .North llu of saId Lot 4; fh.nee $8E1"~a'OO"E. along uld
North line, a dl.faneeof 10.00 feet to lhe POINT OF BEGINNING.
GUlf TO BAY BI \ft (P) POINT OF BEGINNING
.... YLI NE CORNER OF lOT 4 (P)
L3/
7 <
N.UNE OF /.i'
LOT + (p)
SUBJECT AREA -
50 SQFT
(0.001 AC :!:)
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:: 1liE GEOWElRYPER-TAlNINC.TO THtSDesCitfPTlON AND sKElCH ARE SVBJE'CTTO ,~A'C:QJRATE"'aD aOOHDAAY .suaVEY.
Q mERE COULD Be: REStRIC1lONS AFFecnNt; ms CESaIIPTlQN AND..$l<(tCH. IN THt F'\lauc ~CQROS Of' 'MS cOuNTY.
~
:s;! LEGAL DfSClllPl10N AND SKETCH "A~ I1EE){PREPAAED_ncOUl1HE BENEFIT Of II TIlU: PClI.lCY.
~ ElEARI"'GSAAE SASS) ON ililt ~ST UNE or. um oJ AHO:tl.MAP OR PlAtamn.m "!...OHG\o1EW"' ASR~CCROED IN PLAT IilOOI< H,
t'D PAQ!; 38 Of'nt~ PUSUCRECOROSOF",lNaJ,.A.SCOUHTY. ~ BElNOSOOW07"W ASSH~ON THE "9OUrfOAR"I'i TOP~lc.
co ANI) lREESURvEY", PftltPMI!J) ElYBURCAW It A$$OClATES,fHc.. ...IQli "'0;$4977. PIITtDCl8/06/2Q94.
,::.
j 111U: LEGAL OESCRIPTIONANOSJ<ETCH FOR: CALADESI CONSTRUCTION co.
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LOT 4 (P) P IL.
1,80
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PB 11, PG 381. .. !
E: UNE OF
LOT'" (P)
GRAPHIC SCALE
( IN FEET )
o 30
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FORESIGHT SURVEYORS, ING.
aYl)~Q<JltAPmC'LAND&;CONSTRl,lCTION Sl1RVEYlNG
14S61.15mt STllEETNOR'lli..Cl.EAltW;. mt.. Pl.OIUO;. J)lt.O
PH, {?Z7J .U9-7ll!6 P.AX(U11~)~..Q81I& UlNa.,m6
SCAlE
,"= .30'
FilE NAME
1 ,~a4l..Sl.dwg
SHEET
, Of 1
Return to:
Earl Barret!
Engineering Administration
City of Clearwater
p, O. Box 4748
Olearwater,F1.33758-4748
Parcel NQ.14~29-15..52938.;ooo'()030
II
SANITARY AND UTILITY EASEMENT
II
FOR AND IN CONSIDER.ATION Of th~ sum of OneDoU~r ($1,00) qaShin hand paid to It, the receipt of
which is hereby acknowledged, .and the benefits to b~derived therefrom,
UBERTY BANK, a Florida corporation
1617 Gt.l1fto Bay Boulevard, Clearwater, Fl. 33755
does hereby grant and convey to the CITY OF CLEARWATER, FLORIDA, an easement over. under and
across the following descnbed land, lying and being situate in the Coqnty qf Pinelfas,Stateof FJoridCl, to.wit
A 10-fool wide portion of Lots 3, 4 and 21. of the Platentitled "LONGVJEWn as
recorded In Plat Book 11, Page 38 of the Public Records ofPineUasCounty,Florida,
being morepatticularly described . and depIQtedlnE)(HIBITUA"appendecf hetetoand
apart hereof, and containing 1,490 square feet, 0.0348cre5, more or less.
This easement Is granted for installation and maintenance of sanitary sewer facUities,
ThE/ CITY OF CLEARWATER, FLORIDA, shall have the right to enter upon the above.-described
premiSes and to construct, install and mainta.in thereon any sanitary sewer faciUtiesand to inspect and alter
such sanitary sewer facilities from time to time. Grantee shall always,in the exercise of rightsconveyecl hereby,
fully restore the easement premises and any impacted portion of GrClntor's abutting property to equal or better
condit/on as such conditions may exist prior to the exercise of said rights by Grantee.
Grantorh&reby warrants and covenants with Grantee that Grantor is the lawfutownerof the fee simple
title to the. herein · described.. easement premise$, that. Grantor .i1as. full right and laWfUl authority.. to grant and
convey this easement to. Grantee, and that G.rantee shall have quiet and peaceful possession, use and
enjoymE/nt.ot thigsasement.
It Is expressty understood and agreed that Grantor res~rv~saH rights of ownet'$hip of the easernentpremises
1':10t Inconsistent with theeasemel'lt rights granted herein,
This easement Is binding .upon the Grantor, the Grantee,their successors ~nd.assign$. .. Th.e rights
granted herein shall. be perpetual and irre'locabfeandshall. run. With the land, except by the written mutual
agreement of both partis$, or by abam::lonmentof the ecasernentpremisesby Grantee,
u~\E8.sernef1ts\LlBERTY BANK SANEAS OlOS,doc
I
IN WITNESS WHEREOF. the Gtantor has caused the pres~nts to beexeoutedthisl.} day of
.JA.~""~9 . 2006,
By: ua~:~ri~~~I~~
Chief Financial Officer and
Executive Vice President
Nf;SS si n~re.
(:sAIl..> flAJ.'kel
Wiwe~.... 'pr.'.'h.j..ed......S.i.~!.U. :e~........
~~, ... ........."
Witness' Printed Signature
STATE. OF FLORIDA
:ss
COUNTY OF PJNELLAS
The foregoing . instrument was acknowledged before me this ~.~dayof . ... ~1l1,Ja.( 'if . . .'
2006 by J. Alan Grandoff ElsGhi~f FinanciElI Officer and Ex~tive.Vlqe Pres/dent of Uberty Ban, a.F1orida
corporation, whom,being duly authorize<! by saldoorpora1ion, did execute the foregoing instrument on behalf of
said CQrpora n, and who a knowledged the execution thereof to be his freeacl and deed for the uses and
purpos t e1n xpre
My Commission Expires:
Type/Print Name
GAlJ.. v GANZEL
MY COMMISSION # D~
EXfIR,::S: Dtc:..lO,:mw
Flatrl\lNu.....~_
bi-PersonaUy Known
[ ] Produced Identification
Type of Ictentiflqatlon . Produced
U:\ElliSements\LISERTY flANK SAN EAS 01 OS;d(,')C
nus IS NOT ASUR~
EXHIBIT uAu
P.age 1 .012
LEGAL OESCRlf>TION:
E
"Cl
~
~
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...
......
A 10 foot vide portion of Loti 3, 40ndel 0.' the PldenHfled "1..0NGVla-
as reoarded In P fet Book II. po,138 of th_ Pub II c Racor daof Pinel I Q&
County, Florlda.blil'lllmore portlcul.orly delleObed o. follo.fit
Co.t.1ENCEat the NottlleaU corner of Lof4 clf fh. plat Int/tl.d -LONGVIEW.
a.recorded ll,,,,lat eOt:l~. II .palll 3e.d the PubllcJ~ecord. UPlnellaa
(:ounfY,f'lorldc; thenJ:. SOO.02'07.W, alonathe Eu.t 11".~atL.ot 4 and Lot
21 of nid "LONGV1EW., r.apeetl"lly,a dhtonuoI 131,.31 f..ttll 0 palllt
ollth. Eoat 11111 of uldt.at 2l,uml also being tile POINT OF BEGINNING:
Humclcont1nueSOO"02'07.W alo.n9 th.lant nn. of .ald Lot 21, a dhtance
af 10.011..., tUnce Invlng the Eoal Hnlo'. lold Lat .2.1, N8B.OOt2~.W, 0
dl.tonc. (If 83.16 feet: thence N04113I'29-W. adhtonceof 7.30f.-t:thenCll
/1188027' IO.W, Q d 'If ClJll:IO t sa, 52 fnt to II po lilt on the Wut line of IG I d
Lcd 21 ith.nce /IIOO"OZ'OS"E, olong fhe Welt linn of Lot 21altd Lot 30t
uld -LONGVle:w" , (.,poctlnly, odlllihnuof 10.00 f..t to a point. en tho
W~.t .lIntt of .aI4lllt.~; thonce 11laylngli:tfdW.l!t Ilnll.SeS.2.1'JO"E. 0
dhflll'lco of 67.7$ f..t; thunS04.31'2~.E.odhhne. of 7.37 feet; thenee
S88"00 '26"1:: , 0 cOltane. of 73.89 feet to tlte POINT OF BEGINNING,
Containing 1,490 square f..f, 0..034 nrn, mol'. Dr Iou.
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1HrGEOWE1R,.PERTAJN'!N(;.TCf ll'llS Pf;!lCRIPlION i\NOSl<ETCHAAESUEUCT TO ~"'CCUR"'lEF1eLl)eOllNPAR'I' $l.1~~.
lKD'<< Q()ULD BE ~cnQHS. AfFEC1lNG1HIS .otsallPl1ON A.UPSl<OQi .~ lTlEPUIlUO ftEOORDS Of lHlS >COUNTY.
LtCAI. I:lt$C:RlP'TlONAN'O SI<tTOH HAVE BE;EH PlW'ARED WI1HOUT THE afHEFlT OF" A 1ll\.t.f\CJUC".
BtARlHGS ~ B,\$S) Qf.l lMEtA$T UHf: .CWLQl'S. 4 i\NO 21. . NAP ~ PlATEN1l11.ED *'t.Oli~ .AS Rl:00R0ED .I!oJF>l.Arl:loolt 1 t.
PAGE 38 .<Fmt l"USUCfttC;OADSor ~. OOUIi/T'I',F'l.;QRIO", eElNGSOl)"l)O'01"W ,&.SSHOWNON lHE. ~BCXJNOAAY.TOPQGlW>HIC.
AND tREE SUR\I€'l"'. PRS'AREP BY~C"'N. i,SSOCl.AlEs, .a.,.C;. JOB NO.S.t977. OATED os/06/2G04;
11Tl.(; LEGAL. DESCRJPnON AND SKETCH FOR: CAlADESI CONSTRUCTION co.
FORESIGHT SURVEYORS, INC.
HYIlROGWHJ(:.iLAND& CONSTR1)CTIQNSURVEi1NG
14S61.p $mlST1!m),'OllTR. CUAAWA11:R, nOl!IDA 337M
PIJ. (Un ~9-71'H. FAX (7211 S39-t18811 La NIt.: S776
'TERRY 0.
PROF!SSIONAL SU
N\lUSER
JOB NUMBER
, 15!H-OOO
SCAlE
1" .. JO'
FILE NAME
1 t5B4tS2.dwg
SHEET
1 OF 2
UNE
L1
L2
l3
L4
EXHIBIT II AU
Page 2 012
GRAPHIC SeALE
( IN FEET )
o 30
1 I
GULF TO BAY BLVD (P)
,- -
1 inch = 30 feet
--I --21i\
POINT OF COMMENCEMENT
NE CORNER OF" LOT 4 (P)
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PB 11.PG 38
~LOT UNE
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; iHE GtOt.lE'lR'YP~TAlNltfG 10 1HIS ~'I1QNANO sKETCH ARE SUBJECT TO AN AC;CUflA TE F'IfU) BOVNOAA'y SURVE:Y,
~ ~ COUI.O 8E RmFlICllON$: Af'fECllHG THIS OESCRIPllOl\l,\ND ~ IN lHEPUllUC RECORDS OF lHISC!)UNTY.
-c l.EGAl,. DGCRlPlI0t4 AND .SK!tCH HAVE' SttlII PREP'~ W11HOUTlH( eEJ.'tflT Of" " mLE F'OUCY.
3C
t:lltAIUHClS ARE:.!lASED ON. 1HE UST UNE.OT UlTS4ANOtl. wAf' OR. PLAt OflllUD ~LQN~ ASRECCiRDED. IN PLAT IlOOI( 11.
('(/ PAGE 31Lot'l11E PUElUO~DS .Qi'" PlNB.lAS couNT"l',FUlRiDA.. BElHtl ~OrwA$StiOWN .CJN lHE -BOUHOARY,TOPQG.R,t.pH1C,
CD NolO .TRE..SUR\!Et', ~AAEOBr etJRC....'" ~~AltS, tHe.. JOa NO..S-49n. DAlEn 01/1)$/2004.
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SQ. . FT ... SQUARE fEET
(p) ... PLAT BOOK 11. PA0E38 DATA
FORES/GHTSURVEYOBS, INC.
HYI>RQOR.-\pmC,.LANtJ &: CQNS'l1nJC110NSURVEYiNG
t4$l>l-8Sflil stll,1!l:1 N9R'lll. ct.EAllW1\TElt, fWIl.ll:M meo
PH. (7271 99-71 96.. FAX CUll S39-088S UlNll~ 5n.
nlE NAME
1 1 584LS~.dw9
SHErr
:1 or 2
AFFIDl\VIT OF NO 1I1S~S
STATE OF FLORIDA
COUNTY OF PJNELLAS
: ss
BEFORE ME, the undersigned authority. personaIlyappaared J. Alan ~randoff as Chief
Financial Officer and Executive Vice President of Liberty Bank, a FlorIda corporation, whom, beIng
first duly sworn,.. does depose and say:
1. Thatsaid corporation is owner of legal. and equitabl~title to the following descriQad property
in Pin.ellasCounty, Flotfda. to wit:
LONGVIEW SUBDIVISION. Lots 3,. 4, 19, 20 and 21, as .recorded in Plat.
Book 11, Page 38 of the Public Records of Pinellas County, Florida
2. That said property is now in the possession of the record owner.
3. Thatth~re has been no labor performed or materials furnished on said property for which
there are unpaid bills or labor or materials. against said property, except lhose which shall be paid
during the normal qourse of bllsiness, and No others. .
4. That there .are no lIens or encumbrances of any nature affecting the title of the property
hereinabove.described,except. easements and. restrictions. of record and: No others.
5. That it is hereby warranted that no notice has been received for any pUblic hearing
regardingassessrnents forimprovements by any government and it is herebywarrantedthal there
are no unpaid a$sessmentsag~inst thet;lbove property forimprovernantstheretbby any
government, whetheror not said assessments appear of record.
Q. That there are no Qufstanding sewerservicec:hargasor assessments payable to any
government.
7.Thatthe reptassntationsembraced herein are for the purpose of inducing CITY OF
CLEARWATER. its agents, successors and assigns to rely thereon.
U:\Easemenls\LlBERTY BANK SAN EAS alOS,doc
Pagl3' 2 ~ Affidvait 6fNo Lien~
Grantor: Liberty Bank
Grantetil: Oity of Clearwater
Signed, saatadand delivered
inj~~
W1?NES;S .sjgn~ture
(j~ I t- {Jtl1Jz.-e L
WITNESS' printed $ig ature
.
By: J, Al<!1!~
Chief Financial Officer.and
Executive Vice President
WITNESS' printedsignatu e
Sworn to and s bscribed before me thisJ'3 . day of .::Jii,)Jdjt2 i
[~Personatly Known
[ ] Producecllclehtification
Type of Identification Produced:
My Commission ..Expires:
~T~ GAlL V PANza
~Vz MYCOMMIS$ION#D~
'ttln'l.~ E.XI'IRE.'>: [lc,c. JO. 2n?,J
(401l3BCI1$,) FIo!ldIIfotooyS4n4oa_
,2006.
U :\Easements\UaERTYBANKSAN. EAS 0105;doc
~~
u~
City Council
Ag,~.!!da C~.~!..~_,~.~mora!!.~,!:!~~'"'__m"."._..,
~-~
11. b
Tracking Number: 1,899
Actual Date: 03/02/2006
Subject / Recommendation:
Accept a perpetual 10-foot Fire Hydrant and Utility Easement over and across a portion of the
North 240 feet of Lot 1, SUNSET OAKS, conveyed by Luverne M. Loken, as Trustee of the
Luverne M. Loken Trust dated May 12, 1994, in receipt of $1.00 and the benefits to be derived
therefrom.
Summary:
Mr. Loken recently constructed a new 9200 square foot, seven-suite Hercules Office Park at
1938 North Hercules Avenue,
Preliminary to issuing a Certificate of Occupancy for the project, the City required conveyance of
a 10-foot easement to maintain and replace a 6-inch water line within the eastern boundary of
the subject property, and the appurtenant fire hydrant that branches into the property.
The subject easement complies with conditions established in the site plan approval process for
building permit BCP2004-05508.
A copy of the easement documentation is available for review in the Office of Official Records
and Legislative Services.
Orioinating: Engineering
Section Consent Agenda
Category: Agreements/Contracts - without cost
Number of Hard Copies attached: 1
Financial Information:
Review Approval
Michael Ouillen
02-01-2006 15:36: 13
Garrv Brumback
02-15-2006 10:11:25
Laura Lioowski
02-09-2006 13:26:48
Bill Horne
02-16-2006 16:50:07
Cyndie Goudeau
02-17-2006 08:57:09
Return to:
Earl Barfett
Enginel;lring Department
City ot Clearwatl;tf
P. O. Box 4748
Clearwater, FI. 34618~47 48
RE: Parcel No. 01.29-16.88046.000.0010
FIRE HVDRANTc\UTILlTV EASEMENT
FOR AND IN CONSIDERATION of the sum of One Dollar ($1.00) in hand paid, th~ receipt of
which is hereby aCAAowledged, and the benefits to be derived therefrom,
I..UVERNE M. LOKEN, AS TRUSTEE ofthe Luveme M_ loken Tl'ustdated May 12, 1.994
2 Seaside. lane, #403., Clearwater, Fl. 331'56-1989
("Granlor"), does hereby grant and convey to the CITY OF CLEARWA.TER, FLORIDA, a Florida
Municipal Corporation ("Grantee"), non.exclusive >easement over, under. and .across the following
desoribed land. lying and befngsituate in the County of Pinel/as, Statepf Florida, tp wit:
A portion of (he North 240 feet of Lot 1, SUNSET OAKS as recorded in Plat Book 89,Page
1, Public Records of f'lnelJas County, Florida, b$ing n'lore .particularly described and
depicted in EXHIBIT "A" appended hereto and a part hereof.
The CITY OF CLEARWATER, FLORIDA, · shall have the right to enter upon the herein
described premises to construet,lnstaliand mc.dntaln and reconstruct as n$Cess~ry .a firehYclrant,
appurtenant water .Iine. . and all related .utJlltief,i (the. "fi;lciUties"). Grantee. shall have full authority to
inspect and alter all facilities .from time totlme.withinsaid easement premises. In thetime~to.tlme
exercise of rights granted herein Grantee shall in every instance restore all physical Impacts to the
easement premises to equal or better condition as existed prior to theexercis8 of such rights.
(3rantor warrants and covenants with Grantee that it isihe owner of feesfmple title to the herein
described easementpremises, and that Grantor has full right and lawful authority to grant and convey
this easement to Grantes,and that Grantee shall have. quiet and peaceful possession. use and
enjoyment of this easement.
It is expressly unQersto()dlhat Grantor reserves unto itself all rights of ownership of the
easement premises.notinconsistent.with the.easernent rights.granted herein.
This easement is binding upon the Gran1or,.theGrant~e,their successors and assigns. The
rights granted hereinshsll b.El. perpetual and irrevocable and shall run with. the land. except by the
written mutual agreement of both Patties, or by abandonment of the.easement premises by Grantee.
lL\'Easc:mclI~\l.OKEN TRUST FIRf. HYDR'\I'fT &: I1TlL EA's.tJIIK,.dnc
IN WITNESS WHER.. EO~he unde(l;llgned grantor hasicausedthesepresents to be duly
executed this ..2.3 day of . AlUIf'Y,2006.
~d
LuvemeM. Loken, Trustee
STATE OF FLORIDA
: ss
COUNTY OF PINELLAS
The foregoing instrument wasa~knowledged beforemethis...kL day of \1AUl/lJ-'t: ... '
2Q06 by Luvern~ M. Loken,.8s Trusleeof the Luveme M. LOken Trust dat8tl May 1?, 19 ~, whom,
b~ing duly authorized, eXecuted thefofegoing Instrument on behalf of said Trust,and who
acknowledged theexec:ution thereof to be his free act and deed for the uses and purposestbereln
:i'
Not~ublic-lteof
.~,rG .
TypelPrint Name
My Commission Expires: I/;J!d~
[ ~sonallY.Known
[ 1 Produced Identification
Type of Identification PrOduced
l\ ~ DENtSlD,MILIS
t;~A\ N.. <!laI)lPublle,. Sls.I.Q/~
/Ca . Mycomnu~Jan.23,2CIO&
No. 01) 062219
U '\E:lie.rUClll!l\LOKEN TIHJST fiR E HYOR ANT &: !.J1'IL J!AS.OIO(qlo<
EXHIBIT "API DESCRIPTIVE SKETCH ONLY I NOT A SURVEY
REPLAT OF WILLOW RIDGE
NORtHEAST CORNER OF !
lOT I OF SUNSET OAI(S~
POINT or REFERENCE
------T---------N-aiOB"27. W \ 280.000---------1
I I
j (muly ~ '1 i
'I lllE fAST 11).0' .OF LPT1.SUNSETON<S, AS ~COADED IN ~oll
SCALE'lI"- 40' fltAT8QOK $, PAGE 1, (Jf THE PUElLJC RECORDSOF' PlN;u..AS ....
I COUN'rf. .FLORIlJl\ t.ESS AND EXCE:PTTHESOUTH 180.0'nlEREOF. N,
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UTIL1lY EASEMENT '2 I . ~f w f
A 10'U11LJn'E'ASENENT, lYING 5' EmiE:RS.IOE.Of THE I It ~ I
fOU.OWIHG .OESCRlBED CENlEIU4E. ANO.AlSO .5' ElEYONO 11,_
THtTERMINIOFSAlD CENl'ERUNE. AND 8EJHGDESCRIBED I ..>>--I..Pg....o.
N$ FDl.l.OWS: . z
FROM ll-IENORTHE'AST C~ Of LOTt. SUNSE:r OAKS. 1 I
I-SlEORDEDIHP~T 9001(89. PAGE 1. OF THE PUl:U: I . en!.
RECORDS OFf"VtCEl.I.ASCDUHIY.Fl.ORlDA, AS.'" POINT OF I
Ra:EREN~THENCE SQl1'l7'5S" E.Al.QNG nlE E'ASTERl.y -. '0.,.....-..-
BOlJNDAR'fDFSAlD lQT1.AOlSTANQE Of 112.0' 10 THE II !:
POINT OF' BEGl~ THENCE N8VOS'27" W. A OlSTANCE
OF. $S.7S.:1lf9lCE S ....3...'16.. W, A DIsr.-HCE OF 20.;,T
1'0 THE TERMINUS"
I \ I I
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I ___________~~_ J IJ
r- S 89'06'27" E\280:00..-------- -r
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EVANS LAND SURVDlNG, INC.
50'
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11
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SO.
1460ea TREES STREET UNIT 9
DUNEDIN, FL 34698 (727)734-3821
1't'PE
DATE INV, NO,
I HEREBY ~TlF'f THAT 'THESl<ttCHREPRESENTEO HEleN
MEETS THE MINIMUM MOUIRC:MEl'fTSOF CHAPJ'tRS. S1-G17-6
OF lHE F1.DRJDA ADMIN1S'J"RA,TIVE CODE
DESCRIPTIVE SKETCH
01-09-06 2006-007
l"IO-b
JOHN C. BINDER
FL REG. N 2937 FL ~EG. NO. 4888
( INVAliD Wlrnour atB()SSEO SEAl-)
DRAWN EJY: w: CAD. FIle SUNSET OAKS
,
AFFIDAVlT OF NO LIENS
STATE OF FLORIDA
: ss
COUNTY OF PINELLAS
BEFORE ME, the undersigned authority. personally appeared Luveme M.
Loken. as Trustee of the LuverneM. Loken Trust dated May 12, 1994. whom, beIng first
duly sworn,. does depose and say:
1. That said Trust is the ownerof legal and equitable title to the following described
property in Plnellas County, Florida, to wit:
The NOrth 240 feet of Lot 1. SUNSET OAKS, as recorded in Plat BookB9,
Page 01, of the Public Records of PinellasCounty, Florida
2. That said property is nowin the possession of the record owner.
3. That there has been no labor performed or materials furnished on said property for
which there are unpaid bllls for labor or materials against said property, other than those
that will be aid during the normal course of business, except: (if none, enter "NONE")
t::>
4. That other than easements and restrictions of record, there are no liens or
encumbranoes of any natureaffeoting the title of the property hereinabove described,
except: (If none, enter "NONEn)
~19~
5. That it is hereby warranted that no notice has been received for any public hearing
regarding assessments for improvements by anygovemment, and it is hereby
warranted that there are no unpaid assessments against the above described property
for irnprovements thereto by any government. whether or not said assessments appear
of record,
6. That there are no outstanding sewer service charges or assessments payable to
any government.
Page 2 - Affidavit of No Liens
V\F.ascmcnlS\LOKEN 1'RlISf FIR!! HYDRAN'r &. m'IL F.AS,OlO~iililc
luverne M. .Loken Trust
HE: SUNSET OAKS. portion of Lot 1
~n:an..dOUbsc.~ed~~. ore nmethlsc7~aYof~
I1JL~~~~
I. .. ..
Notary Public. State of Florida My Commission Expires
doo(o
.
Printrrype Name
~>;;;;'"~'" GFHALOINEB1.ANKEt'lSHIP
f~.' A~' I,lV COl,lM1SSION . OD294!Soi
~:"\..') a;'iflH FQ~y25.200s
,,,1..1 ".'. -" ".'.- p.'J.."~,,. \.!~1 'j,lltwfi:.if~ft
\',._~J,,"':,,~,,'__~~'"~' -. '-~:::~~;~~,.. -,.. - .+
l1:\Eu$eUlcnts\.LOKI:;N TRLIST FIRE HYDRANT &. 0111. F..i\S,OI 06 doc
FYI AGENDA ITEM #1899 .. LOCATOR MAP
HERC.ULES AVENUE OFFICE PARK - 1.938N. HERCULES AVe
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Tracking Number: 1,913
Actual Date: 03/02/2006
Subject / Recommendation:
Approve a Contract For Sale of Real Property with Pinellas Habitat For Humanity, Inc. ("Habitat")
to sell real property legally described as SPRINGFIELD SUBDIVISION, Block 2, Lot 5 for the sum
of $47,500, and authorize appropriate officials to execute same, together with related
instruments required to effect closing.
Summary:
On November 16, 2005, Council declared the subject vacant lot surplus for the purpose of
offering it for sale by advertising for bid, requiring a minimum bid of $40,000. The successful
bidder was further required to construct affordable housing for a qualifying buyer with household
income under 80% of area median income.
On November 21, 2005, Invitation For Bid 01-06 was issued, At bid opening on December 7,
2005, four bids were tendered that exceeded the minimum bid amount, the highest being
$56,400. That bidder was disqualified when it was determined he proposed to construct a home
for himself, but his household income exceeded the 80% of area median criteria.
Habitat submitted the next highest bid at $47,500 and has committed to construct affordable
housing for a prospective buyer qualifying at only 50% of area median income.
Habitat's obligation to close is conditioned upon the City accepting a mortgage of $47,500
without interest for a term not to exceed six months, When the new home sale closes the City
also commits to provide down payment funding to the qualifying buyer, a portion or all of which
will be used to satisfy Habitat's mortgage obligation to the City.
The City acquired title to the subject lot by Certificate of Title dated April 28, 1999, issued by
the Clerk of Court in settlement of a foreclosure judgment in favor of the City for non-payment
of lot clearing, assessment and demolition liens, unpaid interest, attorneys fees and court costs
that totaled $15,545,32. The City paid an additional $1,945,53 in delinquent property taxes.
Net sale proceeds from this sale will accrue in the General Fund Surplus Land Sale Account
010-00000-364220-000-204, A copy of the purchase contract is available for review in the
Office of Official Records and Legislative Services.
Originating: Engineering
Section Consent Agenda
Category: Agreements/Contracts - without cost
Number of Hard Copies attached: 1
Public Hearing: No
Financial Information:
Review Approval
Michael Ouillen
02-01-2006
15:29:57
~"'~ater
u~
Garrv Brumback
Laura Lioowski
Bill Horne
Cyndie Goudeau
City Council
~ C~ver M~morandum
02-15-2006
02-09-2006
02-16-2006
02-17-2006
10: 16:39
13:55:56
16:49: 13
09:01 :09
---I
FYI AGENDA ITEM #1913. LOCATOR MAP
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Re.: t~C:n-<<-\
fl.7
CONTRACT FOR SALE OF REAL PROPERTY
BV
THE em OF CLEARWATER, FLORIDA
PARTIES: The CITY OF CLEARWATER, FLORIDA, a Municipal Corporation of the State 01 Florida (herein -Seller" or -0"1').
P. O. Box 4748. Clearwater, Florida .33758-4748. AlTENTION: City Manager, Phone: (727) 562.~1, and PINELLAS
HABITAT FOR HUMANITY, INC" .. Florida not tor pro"t corporation (herein "Buyer'). of 3071 118 Avenue North, SL
Petersburg, FI. 33716. Phone: (727) 536-4755, (collecllvely 'Partie$"), hereby agree thaI the Seller shall sell and Buyer shall
buy the following reat prQperly ("Real Property") and personal property ("Personalty") (collectively 'Property") upon the
following terms and conditiOns.
THE "EFFECTIVE DATE" OF THIS CONTRACT IS THE DATE OF EXECUTION BY DULY
AUTHORIZED CITY OFFICIAlS. TIME IS OF THE ESSENCE IN THIS.CONTRACT..
TIme. periods of 5 days or less .shall be computed wI1hout Including Saturday, SUnday, or
natlol'lallegal holidays and allY time period ending on a Saturday, Sunday or national legal
holiday shall be extended until 5:00 P.M. of the next business day.
1. lEGAl DE$r.i:JIPTION SPRINGRELO SUBDIVISION, Block 2, Lot 5, as recorded In Plat
Book 4, Page 23, Publico Recx>rds of Plnella. County, Florida,
STREET ADDRESS (CitylStateJZlp): 1028 North Missouri Avenue, Clearwater, FI,33755
2. FULL PLlRr.l'lASE PFlIC':~ .................................m.................... ............... "........................ ......$ 47,500.00
3. ~ANNr;R OF PA'IMENT
a. Purcha$e Money Mortg;;gA (see Paragraph 5) ...............................................................$ 47,500.00
b. Estimated additional amount (closing expenses - seli) Paragrap/l12) Buyerto pay at closing
in U.S. funds, cash, Certified or c.ashie~s check, subject to adjustments and prorations.. ...... ....$ 1,200.00
4. TIM!=: FOR ACCEPTANCE
Following executionollhis contract by Buyer, the price, terms and conditions as contained herein shall rWlaln unchanged
and b(l held unCOI'Iditionally open for a period of 45 days following delMlIY in duplicate original to Earl Barrett. Real Estate
Services Manager of the City of Clearwater for acceptance and approval, or rejection by action of the Clearwater City Council
(.Counci'.). If this agreement is accepted and approved by the Council, it will be executed by duly authorized City offiQlals and
delivered to Buyer within 15 days thereafter. If the Council upon Initial presentation rejects this contract, this contract shall be
null.and void in all respects and Buyer shall be so informed in writing within 5 days of su<:h actiC)/).
5. FINANCING
At time of closing Buyer shall execute a Note and Mortgage in favor of Seller in the amount of $47,500 for a term at up t9,
but not to exceed, six (6) months, payable without Inter&st in the following manner: Buyer shall construct and sell a single.-
family residence and cause said residence to be OCCupied by a quaufying household at or belQw 50% of Area Median Income
(AMI) within six. (6) months folloWing date of. closing. At time of closing the new residence, City will provide dOwn payment
funding to the qualifylns household. Proceeds of the down payment fundingshaPbe applied to fully payor reduce Buyer's
Note and Mortgage obligations to Seller. Any remaining unpaid balance due under the Note and Mortgage, after the providing
of dOwn payment assistance to Qualifying household. shaH. be repaid to the City at time of salelloan closing of home to
Qualifying l1Clusehold. Buyer sl1all pay all costs associated With securing the financing as herein descnbed. including but not
6mited to application and appraisal fees, loan origination fee and discount points, title insurance, state documentary stamp
lees and loan closing expenses.
6.~
Seller shall convey marketable f~'e to the Property by Special Warranty Deed, subject only to maners contained in
Paragraph 7 and those olherwise accepted by Buyer. Otherwise title IIhal! be free olllens, easements and encumbrances of
record or known to Seller, but subject to property laxes for the year of closing, If any; covenants, restriCtions and public utility
easements of record; ?lnd no others; provided thare exists at closing no violation of the foregoing and none of them prevents
Buyer's intended use of the Property for infill residential development COI'Isistent with City of Clearwater Medium Density
Residential (MDR) loning requirements. and in compliance with requirements of InVItation For Bid 01-06.
7. TITLE EVIDENCI;
Buyer may, at Buyer expense and w~hin 10 days prior to closing date obtain a title insurance commitment issued by a
Florida licensed title insurer agreeln910 liens, encumbrances, exceptions or qualilicati9rno set forth in this Contract, and those
Which shall bEl discharged by Seller at or betore closing. Saffer shall convey marketable 1itle SUbjecl only to liens,
enc~mbrances, exceptions or qualifications set forth In this Contract. Marketable title shad be determined 8CC()rding to
apj)hcable rrtle Standa~s a~pted b~The Florida Bar and in accordance with law, Buyer shall have 5 days from receiving
eVidence of title to examine n. II title IS found defective, Buyer shall, within 3 days thereafter, notify Seller in wr~ing specifying
defect(s). If the defect(s) render title unmarketable, Seller wltl have 120 days from receipt of notice Witt'lin which to remove the
1
defect(s), failing which Buyer shall have the option Qf e~her accepting the title as it then Is or withdrawing from this Contract.
Seller will, if title is found unmarketable, make diligent effort to correct defect(s) in title within the time provided therefore,
including the bringing of necessary suits.
8. CERTAIN RtGHT~ R~~ERVFIJ
As required by Section 270.11, Florida Statutes, the Seller reserves unto itself and its successors an undivided three-fourths
(314) interest in. and title in and to an undivided three-fourths (314) interest in, all the phoSphate, minerals, and metals thatara
or may be ln, on or under the real property described herein, and an undividedone.hall (1/2) interest in all the petroleum that
is or may be in, on, or under said property with the privilege to mine and develop the same. lithe real property being oonveyed
hereunder is Ie!l~ than '0 contigu(\us acres Is pl'P.sAntly developed and/or there exists futlJM development pla(ls and there is
little likelihood of the presence of ai'IY of the minerals or pelrnleum contemplatlld Ily Section 270 11 Florida StaMpS In all
such instanr.eg the City expressly releases the ahov" described rights Bllyer petition for such release is evidenced Ily
execution of this contract
9. SURVEY
Buyer, at Buyer's expense, within time allowed to deliver evidence of title and to examine same. may nave Real Property
surveyed and certUied to the Buyer, Seller and closing ag$nt by a registered Florida land surveyor. If survey shows any
encroachment on Real Property, or that improvements located on Real Property encroach on setback lines, easements, lands
of others, or violate any restrictions, contracl covenants or applicable govemmental regulation, the same shall constitute a tille
defect.
10. CI nSIN(; PI ACE AND DATE
Buyer shall designale closing agent and this transaction shall be closed in the offices of the designated closing agent in
Pinellas County, Florida, on or befQre 30 days following the Effective Date. unless extended by other provisions of this
contract. If either party is unable to comply with any provision of this contract within the time allowed, and be prepared to close
or:; Stlt forth lIlJove, after making all reasonable and diligent efforts to comply, then upon giving written notice to the other party,
time of closing may be extended up to 45 days without effect upon any other term, covenant or condition contained in .this
contract.
11. Cl nSIN(; DOCUMENTS
Seller shall fumish deed, bill of sale. mechanic's lien affidavit, assignments at teases. tenant and mortgage estoppel letters,
Note, Mortgage and other Instruments of security, and any corrective instruments as applicable to this transaction. suyer shall
fumish closing statement.
12. ClOSING EXPENSES
Owner and mortgagee title insurance fees and expenses. stale documentary stamps required on the mortgage and deed,
recordation of the mortgage and deed, and all other expenses of closing shall be paid by the Buyer; except that Seller shall
pay the costs of recording any corrective Instruments.
13. PRORATIQNS; CREDITS
If there should exist any taxes, assessments. rent and other revenue specific to the Property, all of such expen$8s and
revenue shall be prorated through the day before closing. If the amount of taxes and assessments for the current year cannot
be ascertained. rates for the previolJS year shall be lJSed with due allowance being made for improvements and exemptions.
Any depo$its held by Seller in trust for third parties in occupancy of the Property shall be credited to Buyer at time of closing.
Assessments for any improvElments that are substantially complete at time of closing shall be paid in full by Seller.
14_ PROPI;RTV CONDITION
Seller shall deliver the Property to Buyer al time of closing in its present "as is' condition, ordinary wear and tear excepted,
and shall maintain the landscaping and. grounds in a comparable condition. Seller makes no warranties other than as
disclosed herein and marketability of title. Buyer's covenant to purchase the Property "as is" is more specificallY represented
in either subparagraph a. or b. as marked [Xl.
a. [ J As Is; Buyer has inspected the Property or waives any right 10 inspect and accepts the Property in its present "as is"
condition.
b. [Xl As Is With Right of Inspection: Buyer may, at Buyer expense and within 25 days from Effective Oal9
rlnspectionPeriod"}, conduct inspectlons, tests. environmental and any other investigations of the Property Suyer
deems necessary to determine suitability for Buyer's Intended use. Seller shall grant reasonable access to the
Property to Buyer, its agents, contractors and assigns for the purposes of conducting the inspections provided,
however. that all such persons enter the Property and conduct the inspections and investigations al their own risk.
Seller, WlI!. upon reasonable nOlice, provide utDities services as may be required for Buyer's inspections and
invest/gatlo,ns. Buyer shall. not engage in any activity that could result in a mechanics lien being filed against the
Pro~~ WIthout Seller's pnor wntten consent Buyer may terminate this contract by written notice to Seller priOr to
expl~tiOn of the inspeCtion Period if the inspections and/or investigations reveal conditiOns that are reasonably
unsatlsfacto~ to Buyer, unless Seller elects to repair of otherwise remedy such conadions to Suyar satisfaction. If
thIS transaction ~oes n.ot close: BUY.Elf agrees, al Buyer expense. to repair all damages to \he Property
resulting from the inspections and InvestigatiOns and relum the Property to its present condition,
?
15. ~FI L ER HI=I D H49MI E~!=;
Buyer agrees to indemnify and hold harmless the Seller without limitatiOn from any losses, damages. costs, including
attorney's fees, claims Qf injury to or death of any person(s), any damage to property of Buyer, or the Proper1y, and from and
against any and every liability to any person arising from Buyer conduct of inspections, investigations and any other work
performed pursuant to Paragraphs 9 and 14 above.
16. PRO~EEM OF ~AI E' CLOSING PRnCFDURf::.
The deed shall be recorded upon clearance of funds. Proceeds of sale :shall beheld in escrow by Seller's attQmey or by
such other mutually acceptable escrow agent for a period of not longer than 5 days from and after closing, during which time
evidence of title shall be continued at Buyer's expense to show title in Buyer, without any encumbrances or change which
would render Seller's mte unmarketable from theclate of the last title evidence. If Seller's tkle is rendered unmarketable
through no tau~ of the Buyer, Buyer shall, within the 5-day periOd, notify the Seller in writing of the defect and Seller shall have
30 days from the date of receipt of such notification to cure the defect. If Seller fails to timely cure the defect, all funds paid by
or on behalf of the Buyer shall, upon written demand made by Buyer and within 5 c1a}'S after demand, be returned to BlJY$I'
and simultaneously with such repayment, Buyer shall retum Personalty and vacate Real Property and reconvey it to Seller by
special warranty deed. If Buyer fails to make timely ~mand for refund. Buyer shall take title "as is", waiving all rights agaiO$t
Seller as to any Intervening defect except as may be available to Buyer by virtue 01 warranties contained in the deed. The
escrow and closing procedure reqlJired by this provision may be waived if title agent insures adverse matters pursuant to
Section 627.7841. F.S. (1987). as amended.
17, DEFAlJL T
If Buyer fails to perform this contract within the time specified (including payment of all deposlt(s)). the deposit(s} paicl by
Buyer may be retained by or for the account of Seller as agreed upon liquidated damages, consideration for the executiOn of
this contract and in full settlement of any claims; whereupon, Buyer and Seller shall be relieved of .all obligations under this
contract; or Seller, at Seller option, may proceed in equity to enforce Seller's rights uncler this contract. If, for any reason other
than failure of Seller to make Seller's litle marketable after diligente1fort, Seller fails, neglects or refuses to perform this
contract. the Buyer may seek specific performance or elect to receive the return of Buyer deposit(s) without thereby waiving
any action for damages resulting from Seller's breach.
18. RADON (U~ NOTIFICATION
RADON GAS: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building
in sufficient quanti1\es, may present health risks to persons who are exposed to it over time. Levels of
radon that exceed federal and state guidelines have been found in buildings in Florida. Additional
information regarding radon and raclon testing may be obtained from j'Qur county public health unit.
19. CONTRACT NOT RECORDARLE; PERSONS ROUND
Neither this contract nor any notice of it shall be recorded in any public recordS. This contract shall bind and inure to the
benefit of the parties and their SUCC9SS()rs in interest. Whenever the context permits, singular shall include plural and one
gender shall include all.
20. NDIJC.E
All notices prollided for herein shall be deemed to have been duly given if and when deposited in the United States Mail,
ptQperty stamped and addressed to the respective party to be notified. including the parties to this contact, the parties
attorneys, escrow agent. Inspectors, contractors and all others WhO will In any way act at the behest of the parties to salisfyall
terms and condltioos of this contract.
21. ASSIGNARIUTYj PERSONS BOUND
. T.his. contract is not assignable. The terms "Buyer", .Seller., and "Broke.r" (if any) may be singular or plural. This Contract
IS binding upon Buyer. Seller, and their succeSSQrs, heirs and personal representatives.
22. ATTORNEY FEES; C"..QSTS
In any Itigation arising out Of this contract, the prevailing party shall be entitled to recover reasonable attorneys fees and
costs.
23. NO BROKER
Seller and Buyer represent and agree they have deatt with no Broker or finder in connection with the transactions
contemplated hereby. Seller~d Buyer further agree to indemnify the other from any damage. liability or expenseelther may
suffer as ~ result of any claim Qf a Broker orlinder with whom it is determined thaI the other party has dealt with in
contraventi?n of this agreement; except, however. that total City obligations under this provision shall be subject to the limits
and restrictions of the Flonda sovereign immunity statute, F.S. 768.28.
3
24. TYPEWRITTEN OR HANDWRITTEN PROVISIONS
Typewritten or handwritten provisions shaD control all printed provisions of contract in conflict with them.
25. EFFECT OF PARTIAL INVALIDITY
The invalidity of any provision of this contract will not and shall not be deemed to effect the validity of any other provision. In
the event that any provision of this contract is held to be invalid, the parties agree that the remaining provisions shall be
deemed to be in full force and effect as ~ they had been executed by both parties subsequent to the expungement of the
invalid provision.
26. GOVERNING LAW
It is agreed by and between the parties hereto that this contract shall be governed by, construed, and enforced in
accordance with the laws of the State of Florida.
27. r.OPNTFRPART~' FA(,_~IMII F COPY
This contract may be executed in two.or more counterparts, each of whiCh shall be deemed an original and aU of which
together shall constitute one instrument. A facsimile copy of this contract, including any addendum. attachments and any
written modifications hereof, and any initialS or slgnalure thereon shall be deemed an original.
28. SPECIAl CLAUSES
I J Not applicable,.QB I ] M Addendum containing special clauses that constitute agreements and covenants between
the parties is attached to and an integral part of this contract and without further acknowledgment is confirmed and accepted
by the parties. When any special clause in the Addendum is in conflict wlthany provision contained elsewhere in this contract,
then the special clause shall govem.
29. MFRGFR BV O!;EQ
All covenants, warranties, and representations contained herein shall merge with the deed at tima of closing. Upon
delivery of deed by the City. and acceptance thereof by Buyer, the Buyer shall hold the City torever harmless thereafter.
30. !;,NTIRE AGRFFMENT
Upon execution by Seller and f3uyer, this contract shall conStitute the entire agreement between the parties, shall
supersede any and all prior and conlemporaneous written and oral promises, representatloosor condilion in respect thereto.
All priOr negotiations, agreemenl$. memoranda and writings Shall be merged herein. Any changes to be made in thiS
agreement shall only be vald when expressed in writing. acknowledged by the parties and incorporated herein or .attached
hereto.
THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT. IF NOT FUllY UNDERSTOOD.
SEEK THE ADVICE OF AN APPROPRIATE PROFESSIONAl FOR LEGAl, TAX, ENVIRONMENTAl
AND OTHER SPECiAliZED ADVICE PRIOR TO SIGNING.
Date: I -;;J h
.200~
Buyer: PINELLAS HABITAT FOR HUMANITY, INC.
By:
.~e~~
Barbara Inman, Executive Director
.......-..................................--....-....-..--........'00'....-.........-...-........-.....--.,,~.._....................................._......................._,........_....._..___..........._........................_..__....................................__........._.._........
APPROVED AND ACCEPTED THIS _ day of
.2006.
Count&rsigned:
Seller:
CITY OF CLEARWATER, FLORIDA
By:
William B. Horne, II, City Manager
Frank V. Hibbard, Mayor
Approved as 10 form:
ATTEST:
Laura Lipowski, Assistanl City Attorney
Cynthia E. Goudeau, City Clerk
4
City Council
Cover Memorandum
P3 - l
11.8
Tracking Number: 1,915
Actual Date: 03/02/2006
Subject / Recommendation:
Ratify and confirm Change Order No, 1 to A & L Underground, Inc, of Largo, Florida for the
Stevenson Creek Water Main Replacement Contract (04-0037-UT), increasing the contract
amount by $225,538.50, for a new total of $648,569.90 and approve a time extension of 18
days.
Summary:
The Council previously awarded a contract to A & L Underground, Inc. on July 21, 2005 in the
amount of $423,031.40, This Change Order #1 was approved by the City Manager's Office on
February 8, 2006.
The work began February 8, 2006 and completion is anticipated by February 28, 2006. A&L's
quote for this work was $100,000 less than a quote submitted by another Company that is
currently under contract with the City. In addition, A&L could start work immediately the other
Company could not.
The existing 40-year-old, 16" Cast Iron sanitary sewer force main at the intersection of Baymont
& Mandalay developed a longitudinal crack in November '05 and a leak occurred. A repair clamp
was installed as a temporary repair. Subsequently, the crack expanded causing a leak and
requiring an additional repair. Significant construction including pile driving in the area is likely
causing the breaks. Continued crack expansion and leakage is anticipated unless the main is
replaced.
This pipeline conveys all wastewater flows from the North beach to the mainland, which includes
flows from the northern tip of Clearwater Beach to the Roundabout,
A complete failure of this pipeline will result in a costly sewer overflow.
Because of the severity of this situation, the pipeline must be permanently repaired as soon as
possible,
To permanently repair the pipeline it must be replaced from the Northwest corner of Mandalay
Av. and Baymont St. to the East end of Baymont St. (approx. 650').
Due to the extensive underground utilities in the area, this pipeline will be installed by open cut
crossing Mandalay Av. then along the North side of Baymont St.
After the construction, the area will be restored to the pre construction condition.
Resolution 04-36 was passed on December 16, 2004, establishing the City's intent to reimburse
certain project costs incurred with future tax-exempt financing.
The projects identified with 2006 revenue bonds as a funding source were included in the project
list associated with Resolution 04-36.
Originating: Public Services
Section Consent Agenda
Category: Agreements/Contracts - with cost
~.~
u.~ ~,,~*~g,~nda ~.~ver M~I!1~a~I!!,**@._~",""
City Council
Public Hearing: No
Financial Information:
Type: Capital Expenditure
Bid Required? No
Bid Exceptions:
Other
Other Contract?
Change Order
Appropriation Code(s)
0343-96665-563800-535-000
0378-96665-563800-535-000
Amount
$3A75.50
$222,063.00
Comments
Review Approval
Garrv Brumback
02-17-2006 15:40:58
Cvndie Goudeau
02-23-2006 08:44:56
Tina Wilson
02-01-2006 14:04:24
Bill Horne
02-22-2006 18: 14: 19
Bryan Ruff
02-01-2006 14:34:06
DATE:
January 30, 2006
CHANGE ORDER #1
PROJECT: Stevenson Creek Water Main Replacement PROJECT NUMBER:
Contract
04-0037-UT
PO REFERENCE NO.:
ST 101264
CONTRACTOR: A & L Underground, Inc,
13233 - 117th Street
Largo, Florida 33778
DATE OF CONTRACT: August 18, 2005
CODES: 0343-96742-563800-533-000-0000
0378-96742-563800-533-000~00
0343-96665-563800-535-000-0000 ($ 3,475.50)
0378-96665-563800-535-000-0000 ($222,063,00)
SCUPE UF CHANGE:
THIS CHANGE URDER ACCEPTS REVISIONS TU THE CUNTRACT
See attached sheets for additionalitems. Approve a time extension of 18 calendar days.
ST ATEMENT OF CONTRACT AMOUNT
ORIGINAL CONTRACT AMOUNT $423,031.40
CHANGE ORDER #1 $225.538.50
NEW CONTRACT AMOUNT $648,569.90
ACCEPTED BY:
A & L Underground, Inc.
BY:
Kurt Gowdy
(SEAL)
Frank Hibbard
Mayor
Date:
Witnesses:
Bryan D. Ruff
Assistant City Attorney
ATTEST:
Recommended By: City of Clearwater
Cynthia E. Goudeau,
City Clerk
Date:
Gary A. Johnson, CGC
Public Services Director
CITY OF CLEARWATER, in
PINELLAS COUNTY, FLORIDA
William B. Horne, II
City Manager
Michael D. Quillen, P.E.
City Engineer
Page 2 of2
Change Order #1
Stevenson Creek Water Main Replacement Contract (04-0037-UT)
ITEM
DESCRIPTION
Force Main at Bavmont and Mandalav
Additional Items:
29 Wellpointing; remove &
restore asphalt; remove &
restore brick pavers; remove &
restore concrete sidewalk; all
materials, labor and
equipment; all tie-in locations;
traffic control
30 10% Contingency
QUANTITY
1
1
UNIT COST
LS
$205,035.00
TOTAL COST
$205,035.00
$20,503.50
$225,538,50
LS
$20,503.50
Total
P~-2;)
City Council
t 1. q
_.'m~~nda fover:_M!!!!~r!_I1~!t~!t_..._.m_'m'.m'.._mm'__ ,
Tracking Number: 1,912
Actual Date: 03/02/2006
Subject I Recommendation:
Approve Change Order #3 to MYRTLE AVENUE ROADWAY AND DRAINAGE IMPROVEMENTS
(00-0034-EN) to Westra Construction Co. of Palmetto, Florida for an increase of $172,862.96 for a
new contract total of $13,991,284.86,
Summary:
The Council previously awarded a contract to Westra Construction Corp. for the Myrtle Avenue
Roadway and Drainage Improvements project on January 15, 2004 for $14,211,521.78.
Change Order #1 was approved by the Council at the April 21, 2005 Council meeting for an
additional $53,373.24 for a new contract total of $14,264,895,02.
Adm. CO #2 was approved by the City Manager on October 18, 2005 decreasing the contract
amount by ($446,473.12) for a new contract total of $13,818,421.90.
Westra Construction is currently constructing an improved roadway and drainage system along
Myrtle Avenue, Jones Street, and Pierce Street. This work also includes new water mains, gas
mains, sanitary sewer piping, reclaimed water piping, IT/ITS conduits, and jack & Bore operations
beneath the CSX railroad crossings.
This change order provides for the following:
This change order pays for the balance of the entitlement fees left over after the contingency
amount was exhausted.
A first quarter amendment will transfer $170,336.49 of 99 Bond Proceeds (384102) from the 375
Bond Construction fund balance to Capital Improvement Program (CIP) project 0375-96142,
Myrtle Ave Drainage Improvements to provide funding for the increase in Stormwater Utility
items.
Sufficient funding is available in CIP project 0315-96741, System R&R for the Water Utility items,
A copy of the change order is available for review in the Official Records and Legislative Services
office.
Originating: Public Services
Section: Consent Agenda
Cateaory: Agreements/Contracts - with cost
Public Hearing: No
Financial Information:
~ Capital Expenditure
Bid Reauired? No
City Council
_~".,,, A~!1da ~,9ver ~em_or~,,~~,u~
Bid Exceotions:
Other
Other Contract?
Change Order
Budget Adjustment:
Yes
Budaet Adjustment Comments:
See summary section.
Approoriation Code(s)
0375-96142-563700-539-000
0315-96741-563800-533-000
0343-96665-563800-535-000
Review Approval
Garv Johnson
Sue Diana
Tina Wilson
Garrv Brumback
Bryan Ruff
Bill Horne
Amount
$170,336.49
$2,784.86
$-258.39
Comments
02-21-2006 15:39:44
02-24-2006 09:04:48
02-23-2006 08:37: 14
02-23-2006 15:38:34
02-23-2006 13:38:42
02-23-2006 21:22:02
Change Order No.3
Page 1 of 5
DATE:
Tanuary 27, 2006
PROJECT NUMBER: 00-OO34-EN
PROJECT: Myrtle Ave. Roadway & Drainage Improvements
PO REFERENCE NO.: 699 37949-1
CONTRACTOR:
Westra Construction Corporation
P.O. Box 1149
Palmetto, FL 34220-1149
DATE OF CONTRACT: February 23, 2004
CODES:
0375-96142-563700-539-000.0000 (M)
0377-96142-563700-539-000-0000 (A)
0357-96142-563700-539-000-0000 (8)
0315-96741-563800-533-000-0000 (C)
0315-96739-563800-533-000-0000 (0)
0343-96665-563800-535-000-0000 (E)
0315-92265-563700-541-000-0000 (F)
0315.92339-563700-541-000-0000 (G)
0315-94 729-563800-519-000-0000 (H)
0315-96377-563800-532-000-0000 (I)
0315-92266-563700-541-000-0000 (K)
0378-96665-563800-535-000-0000 (L)
SCOPE OF CHANGE: THIS CHANGE ORDER ACCEPTS REVISIONS TO THE CONTRACT
See attached for decrease/increase items.
STATEMENT OF CONTRACT AMOUNT
ORIGINAL CONTRACT AMOUNT $
Administrative Change Order #1 $
Administrative Change Order #2 $
Administrative Change Order #3 $
NEW CONTRACT AMOUNT $
ACCEPTED BY:
14,211,521.78
53,373.24
(446,473.12)
172,862.96
13,991,284.86
Westra Construction Corporation
BY: (SEAL)
Michael Beukema, Vice-President
Date:
Frank Hibbard, Mayor
Witnesses:
Bryan Ruff, AssistantCity Attorney
ATTEST:
Cynthia E. Goudeau,
City Clerk
Date:
CITY OF CLEARWATER, in
PINELLAS COUNTY, FLORIDA
Recommended By: City of Clearwater
William B. Horne, II
City Manager
Gary A. Johnson, CGC
Public Services Director
Michael D. Quillen, P.E.
City Engineer
Page 2 of 5
Change Order #3 - Myrtle Avenue Roadway & Drainage Improvements (OO-OO34-EN)
ITEM DESCRIPTION QUANTITY UNIT UNIT COST EXTENDED COST
CODE "M" 0375-96142-563700-539-000-0000
Decrease 'Stormwater' Category Item~
46 ROOT PRUNING -3145 LF $ 6.00 $ (18,870.00)
96 CONFLICT MANHOLE, FDOT -1 EA $ 4,900.00 $ (4,900.00)
TYPE J-7 (ALT B) (6'-0"X8'-0") (<10')
111 MANHOLE, FDOT TYPE J-8 (ALT -1 EA $ 5,200.00 $ (5,200.00)
B) (6'-0"X6'O") (>10') (CONT)
121 PIPE CULVERT, ROUND, 41.00 LF $ 75.000 $ (3,075.000)
CONCRETE, 36-INCH
124 PIPE CULVERT, CONCRETE, -18 LF $ 105.00 $ (1,890.00)
ROUND, 48" ID
125 PIPE CULVERT, CONCRETE, 47 LF $ 136.00 $ (6,392.00)
ROUND, 54" ID
126 PIPE CULVERT, CONCRETE, -51 LF $ 240.00 $ (12,240.00)
ROUND, 60" ID
127 PIPE CULVERT, STEEL, ROUND, -11 LF $ 345.000 $ (3,795.00)
66-INCH
135 CULVERT, CONCRETE BOX, -16 LF $ 490.00 $ (7,840.00)
5'X7'
195 EXC BELOW NORMAL GRADE & -100 CY $ 31.00 $ (3,100.00)
CRUSHED STONE REPL - CONT
Total 'Stormwater' Item Decreases $ (67,302.00)
Increase 'Stormwater' Category Items
244a ENTITLEMENT 1 LS $ 95,905.00 $ 95,905.00
Total'Stormwater'ltem Increase $ 95,905.00
Add New Line Items
245 STORMW A TER RELATED 1 LS $ 10,969.49 $ 10,969.49
ENVIRONMENTAL ISSUE
(EWI 122)
246 MUTLIPLE PHASING AT CSX RR 1 LS $ 20,086.64 $ 20,086.64
CROSSING (EWI147)
249 ADDITIONAL PAVED 5 EA $ 2,968.04 $ 14,840.20
CROSSOVERS (EWI 162)
250 STORM SEWER CLEANOUT AT 1 LS $ 1,221.02 $ 1,221.02
PIERCE ST. (EWI163)
251 REMOVE STORM SEWER, ITEM # 506 LF $ 15.50 $ 7,843.00
7 OVERRUN (EWI 165)
252 DRIVEWAYS BEYOND RIGHT 256.4 SY $ 35.00 $ 8,974.00
OF WAY, ITEM # 23 OVERRUN
(EWI 166)
253 PIPE CULVERT, 12-INCH DIP, 18 LF $ 112.00 $ 2,016.00
ITEM # 117 OVERRUN (EWI 167)
254 PIPE CULVERT, 24-INCH RCP, 42 LF $ 58.00 $ 2,436.00
ITEM # 119 OVERRUN (EWI 168)
255 PIPE CULVERT, 42-INCH RCP, 65 LF $ 95.00 $ 6,175.00
ITEM # 122 OVERRUN (EWI 169)
256 ROCK EXCA V A TION, ITEM # 194 631.8 CY $ 20.00 $ 12,636.00
OVERRUN (EWI 170)
259 STORM MODIFICATIONS AT 1 LS $ 7,630.04 $ 7,630.04
LAURA ST. (EWI178)
Page 3 of 5
Change Order #3 - Myrtle Avenue Roadway & Drainage Improvements (OO-OO34-EN)
ITEM DESCRIPTION QUANTITY UNIT UNIT COST EXTENDED COST
260 ADDITIONAL COSTS AT PIERCE 1 LS $ 5,690.49 $ 5,690.49
ST. DUE TO PROGRESS ENERGY
CONFLICTS (EWI179)
261 PRIVATE PROPERTY 1 LS $ 7,228.33 $ 7,228.33
IRRIGATION REPAIRS (EWI180)
263 REMOVE STORM SEWER, ITEM # 618 LF $ 15.50 $ 9,579.00
7 OVERRUN (EWI 184)
264 DRIVEWAYS BEYOND RIGHT 110.2 SY $ 35.00 $ 3,857.00
OF WAY, ITEM # 23 OVERRUN
(EWI 185)
265 ROOT PRUNING, ITEM # 46 186 LF $ 6.00 $ 1,116.00
OVERRUN (EWI 186)
266 INLET, TYPE F, ITEM # 77 1 EA $ 2,700.00 $ 2,700.00
OVERRUN (EWI 187)
267 PIPE CULVERT, 12-INCH DIP, 11 LF $ 112.00 $ 1,232.00
ITEM # 117 OVERRUN (EWI 188)
268 PIPE CULVERT, 24-INCH RCP, 11 LF $ 58.00 $ 638.00
ITEM # 119 OVERRUN (EWI 189)
269 CONCRETE COLLAR, ITEM # 137 3 EA $ 1,700.00 $ 5,100.00
OVERRUN (EWI 190)
270 UNSUITABLE MATERIAL, ITEM 59.7 CY $ 36.00 $ 2,149.20
# 196 OVERRUN (EWI 191)
273 TYPE 'F' CURB, ITEM # 200 51 LF $ 15.50 $ 790.50
OVERRUN (EWI 196)
274 CONCRETE FLUME, ITEM # 217 1 EA $ 375.00 $ 375.00
OVERRUN (EWI 197)
276 ADDITIONAL IS-INCH RCP AT 1 LS $ 1,809.09 $ 1,809.09
STRUCT. 5-119 (EWI 199)
277 ADDITIONAL IS-INCH 1 LS $ 1,241.22 $ 1,241.22
CONNECTION AT STRUCT.
5-27 (EWI 200)
278 MODIFICATION TO STRUCT. 1 LS $ 1,878.53 $ 1,878.53
5-87 AND 5-88 (EWI 201)
279 REMOVAL OF ABANDONED 1 LS $ 1,521.74 $ 1,521.74
STORM AT LAURA ST. (EWI202)
Total 'Stormwater' Added Items Increase $ 141,733.49
Net increase/decrease Item Code "M" $ 170,336.49
CODE "C" 0315-96741-563800-533-000-0000
Decrease 'Waler' Category Items
161 14-INCHWATER MAIN - DIP -70 LF $80.00 $ (5,600.00)
(INCL FITTINGS & APPURTEN
171 6-INCH X 6-INCH TAPPING -1 EA $2,650.00 $ (2,650.00)
SLEEVE AND VALVE
172 8-INCH X 8-INCH TAPPING -1 EA $3,300.00 $ (3,300.00)
SLEEVE AND VALVE
173 14-INCH X 8-INCH TAPPING -0.6908 EA $3,500.00 $ (2,417.80)
SLEEVE AND VALVE
174 16-INCH X 12-INCH TAPPING -1 EA $5,000.00 $ (5,000.00)
SLEEVE AND VALVE
Total 'Water' Item Decreases $ (18,967.80)
Increase 'Water' Category Items
244c ENTITLEMENT 1 LS $ 13,952.50 $ 13,952.50
Total 'Water' Item Increase $ 13,952.50
Page 4 of 5
Change Order #3 - Myrtle Avenue Roadway & Drainage Improvements (DO-DD34-EN)
ITEM DESCRIPTION QUANTITY UNIT UNIT COST EXTENDED COST
Add New Line Items
248 ADDED 6-INCH GATE VALVE 1 EA $ 1,047.41 $ 1,047.41
AT TURNER ST., ITEM # 165
OVERRUN (EWI160)
257 10-INCH WATER MAIN, DIP, 4 LF $ 81.00 $ 324.00
ITEM # 159 OVERRUN (EWI 173)
271 ADDED 4-INCH GATE VALVE 1 LS $ 964.72 $ 964.72
AT HART STREET, ITEM # 164
OVERRUN (EWI 192)
262 ADDED 6-INCH WATER MAIN 1 LS $ 4,682.03 $ 4,682.03
CONNECTIONS (EWI 181)
275 BACTERIOLOGICAL TESTING, 11- 1 LS $ 782.00 $ 782.00
25-2005 -12-25-2006, (EWI198)
Total 'Water' Added Items Increase $ 7,800.16
Net increasefdecrease Item Code "C" $ 2,784.86
CODE "0" 0315-96739-563800-533-000-0000
Decrease 'Reclaimed' Category Item
198c RECLAIMED CONTINGENCY 1 LS $ (977.50)
Total 'Reclaimed' Contingency Fund Decrease $ (977.50)
Increase 'Reclaimed' Category Item
244c ENTITLEMENT (Reclaimed) 1 LS $ 977.50 $ 977.50
Total Addition of New Line Item # 244c $ 977.50
Net increasefdecrease Item Code "D" $
CODE "E" 0343-96665-563800-535-000-0000
Decrease 'Sewer' Category Items
149 MANHOLE, SANITARY SEWER, -2 EA $3,400.00 $ (6,800.00)
4' DIAMETER
153 SANITARY SEWER LATERAL -11 LOCA $ 1,750.00 $ (19,250.00)
REPLACEMENT, CONNECT TO
EXISTING
154 SANITARY SEWER LATERAL -10 LOCA $ 1,550.00 $ (15,500.00)
REPLACEMENT, CONNECT TO
NEW
Total 'Sewer' Item Decreases $ (41,550.00)
Increase 'Sewer' Category Items
244d ENTITLEMENT 1 LS $ 8,517.50 $ 8,517.50
Total 'Sewer' Item Increase $ 8,517.50
Add New Line Items
247 SANITARY SEWER CONFLICT 1 LS $ 29,841.51 $ 29,841.51
AT PIERCE ST. (EWI150)
258 SANITARY SEWER 1 LS $ 2,092.60 $ 2,092.60
ABANDONMENT AT TURNER
ST. (EWII77)
272 8-INCH SANITARY SEWER, C900, 12 LF $ 70.00 $ 840.00
ITEM # 141 OVERRUN (EWI 193)
Total 'Sewer' Added Items Increase $ 32,774.11
Net increasefdecrease Item Code "E" $ (258.39)
Page 5 of 5
Change Order #3 - Myrtle Avenue Roadway & Drainage Improvements (OO-OOM-EN)
DESCRIPTION
QUANTITY
UNIT UNIT COST
EXTENDED COST
ITEM
CODE "G" 0315-92339-563700-541-000-0000
Decrease 'Sidewalks' Category Contingency Item
198f SIDEWALKS CONTINGENCY
1 LS $ (3,177.50) $
Total 'Sidewalks' Item Decrease $
(3,177.50)
(3,177.50)
Increase 'Sidewalk' Category Item
244f ENTITLEMENT (Sidewalks)
1 LS $ 3,177.50 $
Total 'Sidewalk Item Increase $
Net increase/decrease Item Code "G" $
3,177.50
3,177.50
CODE "I" 0315-96377-563800-532-000-0000
Decrease 'Gas' Category Hems
198i GAS CONTINGENCY
1
LS $ (2,470.00) $
Total 'Gas' Hem Decrease $
(2,470.00)
(2,470.00)
Increase 'Gas' Category Item
244i ENTITLEMENT (Gas)
1 LS $ 2,470.00 $
Total 'Gas' Item Increase $
Net increase/decrease Item Code "I" $
2,470.00
2,470.00
Total IncreasefDecrease Change Order No.3 $
172,862.96
~.~
u~ ="'m~,genc!,!! CO,,!~,~_~emor!!~'~~~m!!!'_,"'M_"""".'
City Council
OR LS - 1 Lf\cw)
fl. \0
Tracking Number: 1,911
Actual Date: 03/02/2006
Subject I Recommendation:
Appoint Charles A. Cashman to the Marine Advisory Board with the term expiring on March 31,
2010. ·
Summary:
BOARD: Marine Advisory Board
TERM: 4 years
APPOINTED BY: City Council
FINANCIAL DISCLOSURE: Not Required
RESIDENCY REQUIREMENT: City of Clearwater
SPECIAL QUALIFICATIONS: None
MEMBERS: 7
CHAIRPERSON: Paul Kelley
MEETING DATES: 2nd Wed" 8 am
PLACE: Marina
APPTS. NEEDED: 1
DATE APPTS TO BE MADE: March 2, 2006
THE FOLLOWING ADVISORY BOARD MEMBER(S) HAVE TERMS WHICH EXPIRE AND NOW
REQUIRE EITHER REAPPOINTMENT FOR A NEW TERM OR REPLACEMENT BY A NEW APPOINTEE.
1. Nicholas Matsis - 801 Harbor Island, 33767 - Original Appointment 09/03/1998
Sr, Vice Pres.fPrudential Financial
(Resigned)
THE FOLLOWING NAMES ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE
VACANCIES:
1. Tom Calhoun - 2421 Old Coach Trail, 33765 - Realtor
(Currently serving on the Airpark Advisory Board)
2. Charles A, Cashman - 103 Marina Del Rey Ct., 33767 - VP-Sales/GM
3. Bob Clark - 320 Island Way #603, 33767 - Self-Employed/Clearwater Printing Inc.
4, Eric Spaulding - 1116 Sedeeva St" 33755 - Self-Employed - Business
5, Bill Stephan - 1540 Walnut St" 33755 - Retired/Education Administration
6. Tim Trager - 3314 Hunt Club Dr" 33761 - Risk Mgr. - Accounting Mgr.
Zip codes of current members on board:
1 at 33755
1 at 33761
4 at 33767
Originating: Official Rec and Legislative Svc
~~
u~
City Council
,~~_~~~a C~yer ~mor~~~,~,~I'!!,"~_"",.,,_,~~,~
Section Consent Agenda
Category: Other
Number of Hard Copies attached: 0
Public Hearing: No
Financial Information:
~ Other
Review Approval
Cvndie Goudeau
02-27-2006 15:48: 13
Name:
RECEIVED
JAN 2 9 200\
CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS. ~EC
. . UFFJClAl n; ORDS AND
___.'-- /Vmust.,~Clearwater resident) LEGISLATIVE SRVCS DEPT
/ dM vd44~N
Home Address: ./
~;2 f/ c:L1 ,/" It/I' &~C f;i,,, /
(!//~t7~ ZiD ~1)6~-
Telephone: 72) '//.;2 ~/.?.3-
How long a resident of Clearwater?
Occupation: ~ ..ea I It,,,-
Field of Education:
C;~r1I- /
~
~Gl ZiD ~.l /6?
yJ.,) , I./~/
>e~; ::~ (t r-' '/ r
If retired, former oa:upation: ~ j _ ~.:- r ... ';I~/,,- .J.-r'r wC.h
Community Activities: ~~ r/,.. ~ 'rf y.-vM.l<:5 ~ J~~ -;::~UJ
'le;v1J. $0 .(~t/;ld/"t')
Ot er Interests:
Boa Service (current and past):
r ~ t/'l- Rl./ JI/ r/.' -1i...J .2 m 1.
Board Preference:
O"""'1<'~'~ 1111"./ t4./r ~"'~
~~K4~IfvJR?6()~
fJ....i:;. ( .,J-I2Cc
I!., P]>!df //.4% /kA(t1'(J ..2,r.z) :l.
~~
Date:
/~-2~.:L~ Y
Additional Comments:
Sign~
See attached list for boards that require Financial Disclosure at time of appointment.
Please return this application & board questionnaire for each board listed to:
City Clerk's Department, P. O. Box 4748, Clearwater, FL 33758-4748 or drop off at City Hall, 2nd
Floor, 112 S. Osceola Avenue
07/09/2004 12:17 17277129173
TOM CALHOUN
PAGE 02
BOARD QUESTIONNAIRE
1, What is your understanding of the board's duties and responsibilities?
;:;;) yt--f.~/~W a.1I Juf/Y/ivc/ Ci'f..,I;; ifrp~ ~ /t<d~
NI.h?IYJ,p~.I;;;';f (JN 5t>~ ~M?~ />~V~J' ~~.r/
~ Sk~~~-r~ 1i...s;;4 ~~~ Y/OW~~
Jf1~rHVISt.( $) / f/~ 1~4C.f /7ty;{,*~~-
2. Have you ever observ&d a board meeting either in person or on C-View, the City's
lV station?
AI'r.l. ..:: /'&,1""" /'~ac/ jia~ /4'/~'?..r Ih ~Y'
3. What background and/or qualifications do you have that you feel would qualify you
to serve on this Board?
dt/~ S-O-r/cL'/ (Jill 2. ch:,,4r- c;!thH"/~;/.eI~S' /.{'4p'~.~
;( ~;: t!i-.; 1{t::;;j;:7!;:;:;:~
(' hh'~ liU.. I'Ji).:"", &..7 ~J. Mv..,
R~ t1kl-- d ~ .<;:,,'2J ~~ 4~ 2iJrS. 6.1/4
S., 'J / '(It (/
~ (q/,:;1/ j).b .
4, Why do you want to serve on this Board?
C ~~,..v' 0 //c.L;- i., 01' ~~ Md "/~ /I~.> a'l.tr ~~ Cd.we
(/
k".,~ of II.-v: r;"~~""-r ~,'''b' ~ "s;...,~
J.dL ~ d-<, 6.p-a~L /) I"~&t..
I
~.
I
07/09/2004 12;17 17277129173 TOM CALHOUN
, Name: . 7kn-, CZl~ 2 CL'~"/
Board Name; !/IlII<.Ig #///5011 k~ ZJ
PAGE 03
~, O~L~- \
CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS
(must be Clearwater resident)
Name: Charles A Cashman
Home Address:
1462 Excalibur Dr.
Clearwater. FL
Zio33764
Office Address:
18025 US19N
Clearwater. FL 33764
Telephone: 536-9480 x114
Telephone: 524-2862
How long a resident of Clearwater? 20 years
Occupation: VP- Salesl GM
Field of Education:
2 YRS SPJC
2 YRS U of F
Employer: Marinemax-Gulfwind
Other Work Experience:
8 yrs in construction management
If retired, former occupation:
Community Activities:
Other Interests: Boatina. Scuba diving, Fishing
Board Service (current and past):
Wife is on the Parks and Ree board
Board Preference:
Marine Advisorv Board
Additional Comments:
Signed: Charles A Cashman (by email)
Date: 6/29/2000
See attached list for boards that require Financial Disclosure at time of appointment.
Please return this application & board questionnaire for each board listed to:
City Clerk's Department, P. O. Box 4748, Clearwater, FL 33758-4748 or drop off at City Hall, 2nd
Floor, 112 S. Osceola Avenue
RECEIVED
i' J ~I " j~
" I~ '" 2001;
CITY CLERK DEPARTMENT
BOARD QUESTIONNAIRE
1. What is vour understandina of the board's duties and resconsibilities?
I understand that the Boards duties will involve issues dealing with the local marine
community specifically areas of potential development and conservation
responsibilities. I feel very well suited for this as I am in the marine business and I
have a strong background in marine biology.
2. Have vou ever observed a board meetina either in cerson or on C-View. the
Citv's TV station?
Yes, I have had two family members on different boards, so I am familiar with the
board meetings
3. What backaround and/or aualifications do you have that yOU feel would Qualifv
vou to serve on this Board?
I have 8 years invested in the Marine business, specifically as a boat retailer. I have
dealt with numerous dock issues, environmental issues and have state-wide
experience with just about every marina in Florida. I have a vested interest in
preserving one of our most precious assets along with the business sense to realize
that it is a big part of what draws people to our area.
4. Whv do you want to serve on this Board?
I want to ensure that the decision makers on the board have a voice that is " pro
marine business" and at the same time" pro environment" which I think is rare to
find that type of person, and I am that type of person. I am sensible. reasonably
intelligent, and dedicated to giving of my time to help the community
Name: Charles A Cashman
Board Name: Marine Advisorv Board
RECEIVED
." U .fI.! JO J(
.l:, ! .'
crrv CLERK DEPARTMENT
'"
CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS
(must be Clearwater resident)
Name: &5 C.LAtl..1L
Home Address:
3Zo \St..NJ.i) W...... 4t- Lb~
eLZA~l.l.\A.niL ZiD ~7L..)
Telephone: Lf(..1- SS)D
How long a resident of Clearwater? yq "tGJ.fl.S
. Occupation: ~"L-t- 6~L~e~
Field of Education:
<g.,A. ~"'ss Coo"... --usP 41.<t
Office Address:
100 t. (;.(h;>/6 s;-,
c.l.~a
Telephone: ~"', b4,01)
ZiD ~3 7$("
Employer: r: ;'A.Q.ILJ41lM.. pp..".rnJi~ ,,JC.
Other Work Experience:
~4;A. CJolAcm:.t... ~ OWJ2'.L.
.
fa.,M.- C!.t.4.L.a/l. ll..t ~,~ .~i'u2 tAG.-l.
If retired, former occupation:
Community Activities: (?~p,",I. l.1~t OF ~&.IS;- C~"'l', ~ l ~~,1I"J T"~-S:
~P,('l ~ M'/.1'~'i~'I!~} ~68L 0=- ~ ~\\ ~ 1)1~~, ~ C'i'f (!D"'llItSSlClilJ.L.t2
Other Interests:
Board Service (current and past): Board Preference:
--
~6...\S.1 ~ ~D\J~'f ~D R\M.I w9- fl\i)1],Sd-'f ~~.
Additional Comments:
Signed:
~~
Date: '0 \....../oS"
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.
RECEIVED
OCT 1 4 2005
OFFICIAL ReCOROSAND
lEGISLATIVE SRVCS DEPT
BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and responsibilities?
~"'~ ~,~.cl. ~ ('t'") \~~'- \'t> ~E Cr\'t CO'JJo1C.,\.. 6;j
\S~u;.s '~\fOl..u\rUS- fos M. V~(l.\~~ fl\M.,,,,,~ ....ri~,tP(Z.~
2. Have you ever observed a board meeting either in person or on C-View, the City's
TV station?
'1-GS -, '" '~e;,..~
3. What background and/or qualifications do you have that you feel would qualify you
to serve on this Board?
Wuu"'~ ~,.a.Cr ~LMc5.~ quflL.1 ~ 1cA\)Q...1S ~F W,rl&- A-
't-\~ 10:1..... ~,J.- ~S \.t..W.L... ~ ~\lJ..l(r ~A1) ..f"n>VCfoM.'1
~~~o,.l~8\J.,n -hid Tha C-rN.s ~......a- ~~~~ U .t-..J.
~c.1S-? Of.FICI~ ,
4. Why do you want to serve on this Board?
'1i) ~5Su/L8- Tl\Jo:I ou.t..- C-O"'f ~ j)~ .1b ~
"tWL lM.Aa.t"".. \ to:\~ ep. l>uL P---S,1)3I4'l;.
Name: . 'Bo~ Ct...u..lL
Board Name: ~INil. A"bV,Sb"'f
I
,-,9-05;":05AM;O++lclal Reco~ds
;95624086
# 2/ 3
,..
RECEIVED
Name: ~J(,~ (PA'1tt '-'bnJt;..
Home Adc:Jress:
l'l..b 5 eT:>eev * ~,.
~tlvJ~t Zic ~7J..-s-'
TelePhone:-172..'1) Iflo -61.00
How long a resident of Clearwater? I. $" i ~
-'- -..-Dccupation:. S6W !:.~.'/fJ) (fi 'fI~ J
-
Field of Education:
&t6, ,JGs5
CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOAFQI 04 2005
(must be Clearwater resident)
OFFICIAL RECORDS AND
LEGISlATIVE ~~vC"s DiPT
Office Address:
U' ~~evVJti K"Vb (SLAP 5'2. )
-
~yJ~ ZO 337'7
TelePhone:_0~ . L#f('-7 ~tt,
( I 0 Y ~J ~J ~&<.St-'()
Employer:t~lf(etl.. Mlrf4tJe etJr;)~
Other Work Experience:
If retired, fonner occupation:
Community Activities:
Other Interests:
Board Service (current and past):
PcJr~.JlJ e ItJ>VJ~ () Il Y
Board Preference:
Iv\. PtyJ..,J,.J e. 1rb " . SDf' 'I
Additional Comments:
Signed:
9~ ----.
Date: ~~, J..()()J
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.
,-,g-05;11:05AM;O~~lclal Records
;95624086
# 3/ <I
__ J ..
BOARD QUES110NNAlRE
1. What is your understanding of the board's duties and responslbUities?
--(0 d..'Sa.t5S /SSII\.c.& p.wIa..~~1 no, +> M~ N.-- - vd"/-~4,
A.c.AiJ, h'c"s ,I b~5/;'eSSG5 ~ eviv'ISG ,-J.-h~ w'lf c~1
~. fJ/~/11.j bop...yj~ ~ >~ ,~5Co\.C.S
2. Have you ever observed a board meeting either in person or on C-VI8W, the City's
TV station?
y"S '
3, What background and/or qualifications do you haw that you feel would qualify you
to serve on this Board?
~~1 M~ t ::t h~_::/~ ~
A' - l(u.-(~tt:h~ ./~. ij btA.s/n; ~ ~
~ up ~ d~a:Jq '~pa1 fw.vr~
f1try ov(,y tfc 'Irs.
4. Why do you want to serve on this Board?
/k ~ d~w~ N~Ve.) -:C ,/AM. J~~!cI ~
~IV;"1 '-Vlp,d 1m- tJ..JA ttvh J,hu: rM-J d->>
~ ~~ tJf ~~
........ - "- - ~---
--------.:--..:..- .~, ._---
Name: f31<,c--)) . 5?triAvbIN~
Board Name: MA."I./,Je. A1>V"So~y
'~f
CITY OF CLEARWATER - APPLICATION FOR ADVISORY BeimmVED
(must be Clearwater resident)
MAY 1 9 2005
Name: Tim Tracer
Home Address:
3314 Hunt Club Dr
Clearwater. FL ZiD 33761
Telephone: 789-4178
How long a resident of Clearwater? 28 Years
Occupation: Risk Managerl Accounting Mgr._
Field of Education:
Accountina
Commercial Pilot license. Instrument rated &
Multi Encine rated
If retired, former occupation:
Community Activities: Previously Cub Scout den leader
OFFICIAL RECORDS AND
Office Address: LEGISLATIVE 3RVCS DEPT
18167 US 19 N. #300
Clearwater, FL
Telephone: 531-1700
ZiD 33764
Employer: MarineMax, Inc.
Other Work Experience:
Certified Flight Instructor
. #~ -...1 __
Other Interests: Boating with family
Board Service (current and past):
Board Preference:
Marine Development Board
Additional Co
Signed:
~9~':-
Date:
See attached list for be) fls 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.
BOARD QUESnONNAlRE
1. What is your understanding of the board's duties and responsibilities?
Researching and advising the City Commissioners of recommendations to develop
the a;s marine resources for the benefit of the community.
2. Have you ever observed a board meeting either in person or on C-Vlew, the
City's TV station?
Yes, I have watched many City Council meetings on the television.
3. What background and/or qualifications do you have that you feel would qualify
you to serve on this Board?
I work as a Risk Manager in the marine industry and have a good working knowledge of
many different aspects affecting the boating environment. I have lived on Clearwater
Beach for 12 years before moving to Countryside and throughout these years I have
been a boater and I am currently a boater using OUf public ramps, waterways and lakes.
4. ""hy do you want to serve on this Board?
I have been boating most of my life and growing up as a child some of my best
memories are fishing, skiing, swimming and boating with my family. Now that I have my
own family I enjoy sharing that time with my wife and sons on the water and I want to
make sure that they and the rest of our residents have the same opportunities and
access to the water that makes Clearwater such a special place to live and vacation in,
I have read in the papers and watched some of the City Council meeting and most
importantly used many of the facilities that this board would be working on and I think my
perspective and expertise would be an asset. Access to the water has been
increasingly difficult and I see many recent developments that concem me and I would
like to know that a family boater has some input or at least a consideration in future
development of
Name:
Board Name: JI1a. v~ #tfZ
CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS
(must be Clearwater resident)
Name: '7];11 5try;Adh
Home Address:
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Cle~t'wdt'~<t"' F/ ZiD..?3J,,,,
Telephone:Z< 7- 'i 7' I~ 3 & t 7 ..,,- 0-' " A '/9 'I
How long a resident of Clearwater? .fl?#,~'L.
Occupation:1Jttt;~f!.J .
Field of Education:
EJkc~t~~.. NWJ;h;~trilf"Dh
Office Address:
AlA
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Telephone:
EmPloyer:...6(4
Other Work Experience:
If retired, former occupation: ~';JI'..{- ........1:
Community Activities:
Gh4;~ :J-{- Jt. .~t-Br.J "''I'
C-tll /,>~ fl
Other Interests:. .
Board Service (current and past): Board Preference:
~n',,'i:.) ,LxeG, A:f:/'lJrL ~r;nt'
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7.5711. Gtv C{jJt'fIYt:_~'C;O" /9$/
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Additional Comments:.7 Jl/dJ]t to ~ke Odrr /11 j7r1Jvid,:. ~ h'JdJ-U ::JA/ /Jett~I'-.'
" "
ser'li'c. ~ -h~- t)A... i/1:S;r,'nf' hlJ;jTer.ti ~^" cre.~te md.-/! liiriChlS'(;O wSt:'1:he
, ,
ti0Cer f~ciI.l:
signed:'Uf ~
Date: ~~...~ ,:14 :2 Q " w.
{/'
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, Qr drop off your application at City Half, 2nd Floor,112
S. Osceola Avenue,
. RECEIVED
r;:J 0 6 2005
OFFICIAL RECORDS AND
LEGISLATIVE SRVCS DEPT
BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and responsibilities?
~ ~ ~ ~ ~ GAl.:... ~~
7k .~-<pA J 4~ ~ ~ :We ~ c( ('J~I~
~ 4~~7 ~~;'7/~ 1h~,. .
2. Have you ever observed a board meeting either in person or on C-View, the City's
TV station?
r' j -,;.e k" (^A'A';'ot= " JZ /7lA~J. tU""'~r
~(lit~. 7a) . -
3. What background and/or qualifications do you have that you feel would qualify you
to serve on this Board?
j ~ J.J /i.A.A:1I~ ~ ,/4r. '7f/ .Jr- r~~
:~t;:'~~i?Z:;~~;J~
~o/ 7 ~r~ ~ ~~~ ~~J!;r~~~._
. 4. Why do you want to serve on this Board?
J~ .k ~ ~ ~ ~_~ :lJj,Jkz
A>>?~ ci a1AA ~+ U a-J'~ ~ uf- dtA~ J~~-r:
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Name:
Board Name:
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City Council
Cover Memorandum
P})-- \
Id. t
Tracking Number: 1,943
Actual Date: 03/02/2006
Subject / Recommendation:
Approve submission of an application for federal funding in the amount of $66,807 to the U.S.
Department of Justice/Bureau of Justice Assistance (USDOJ/BJA) under the Edward Byrne
Memorial Justice Assistance Grant (JAG) program
Summary:
1. The Police Department would like to submit an application for federal grant funding in the
amount of $66,807 for continuation of its award-winning program, Operacion Apoyo Hispano
(Operation Hispanic Outreach), There is no cash match or additional personnel associated with
this grant.
2. The application proposes that the City continue its very successful partnership and
contractual relationship with the YWCA of Tampa Bay for services necessary for operation of
Operacion Apoyo Hispano, which consists of advocacy, interpretation, translation of documents,
and crime prevention/education activities. These contractual expenses will be incurred during
the one-year period of October 1, 2007 - September 30, 2008,
3. USDOJ/BJA requires that all JAG grant applications be reviewed and approved by the City
Council before USDOJ/BJA will consider approval of grant funding.
Oriqinating: Police
Section Consent Agenda
Category: Agreements/Contracts - without cost
Number of Hard Copies attached: 0
Public Hearing: No
Financial Information:
Review Approval
Sid Klein 02-17-2006 15:52:08
Garrv Brumback 02-22-2006 10:25: 16
Rob Surette 02-21-2006 09:52: 17
Bill Horne 02-22-2006 18: 12:05
Cyndie Goudeau 02-23-2006 08:46:53
I-
I
,
BUDGET NARRATIVE:
E. Supplies ($2.000)
A new computer will be purchased for use by the advocacy staff at the Hispanic Outreach
Center. Additionally, a printer/copier/scanner/fax machine will be purchased to provide
for those needs. Upgrades to Microsoft Office Suite including Publisher and the Adobe
Acrobat Software package will also be purchased. The purchase of these supplies will
allow the HOC to keep up with current computer technology and assist in preparation of
the various publications that it prepares for the Hispanic community.
G, Consultants/Contracts ($64.807)
The City of Clearwater will contract with the YWCA of Tampa Bay (sole source) for
services necessary for operation of Opera cion Apoyo Hispano (Operation Hispanic
Outreach), which consists of advocacy, interpretation, translation of documents, and
crime prevention/education activities. All programs will be administered and housed in a
City-owned building to be leased by the YWCA for $1 per year in the heart of the
Hispanic community. These contractual expenses will be expended over a one-year
period and will include the following:
Partial Salaries for 2 Bilingual Advocacy staff ($34,835):
50% of the salaries for 2 full-time bilingual Advocacy staff (Coordinator of Hispanic
Services and Advocate) employed by the YWCA @ $34,835 per year for a I-year period.
These individuals will provide counseling, referrals, conduct educational sessions, and
interpretation as needed to Clearwater's Hispanic community. The Advocacy staffwill
work closely with the Clearwater Police Department to provide crime prevention
information and to assist with Hispanic crime victims.
Partial Benefits for 2 Bilingual Advocacy Staff ($6,270):
This cost represents 50% of the benefits for the 2 above-referenced Advocates for a 1-
year period and includes costs for FICA, Health Insurance, Life Insurance, Workman's
Comp, Retirement.
Interpreter Call-outs ($7,500):
These costs are associated with the "call-out" of contractual civilian interpreters
employed by the YWCA who will respond to the scene as needed to assist Clearwater
Police when they encounter Spanish-speaking persons. The majority of incidents that
require interpreters to assist the police are: traffic matters, violent crime (homicide),
personal violence (assault, battery), burglary, scheduled appointments to conduct
investigations, reverse prostitution stings, or to assist at public events. This cost
represents the flat fee per call-out of$50.
Hourly Fee for Interpreters ($6,613):
This cost represents the additional $11.50 per hour fee that is paid to Interpreters for
hours worked on call-outs, scheduled appointments, court hearings, community
assignments, or police ride-alongs. This fee is in addition to the flat fee listed above.
Costs based on 575 hours x $11.50.
Training ($2,070):
This cost represents the expense of conducting training for new and existing Interpreters.
In order to ensure that all Interpreters are familiar with protocols associated with
Operation Apoyo Hispano and the Clearwater Police Department, there is a standard
training curriculum that all new Interpreters must complete, as well as refresher training
for Interpreters already on board. Costs based on 180 hours oftraining x $11.50.
Translation of Written Materials ($1,200):
This cost represents the expense oftranslating documents to Spanish by YWCA
Interpreters for the Clearwater Police Department (i.e. crime prevention materials,
newsletters, brochures, etc.) Costs based on 40 pages x $30 per page.
Operational Expenses ($6,319):
This represents the miscellaneous costs that are associated with the operation ofthe
Hispanic Outreach Center where all program activities are housed and includes cost for
utilities, maintenance, janitorial service, pest control, operating supplies and expenses,
local travel/training, telephone, security monitoring, copy machine rental and supplies,
and other small equipment rental, purchase and repair, i.e. calculator, other operating
costs, liability insurance, audit. (Training for the staffwill be authorized to maintain their
"Victim Services Practitioner Designations" issued by Florida's Office of the Attorney
General)
Budget Detail Worksheet
A. Personnel- List each position by title and name of employee, if available. Show the annual salary
rate and the percentage of time to be devoted to the project. Compensation paid for employees
engaged in grant activities must be consistent with that paid for similar work within the applicant
organization.
Name/Position
Salary Compensation
Cost
TOTAL -0-
B, Fringe Benefits ~ Fringe benefits should be based on actual known costs or an established
formula. Fringe benefits are for the personnel listed in budget category (a) and only for the
percentage of time devoted to the project.
Name/Position
Benefits Computation
Cost
TOTAL -0-
C, Travel- Itemize travel expenses of project personnel by purpose (e.g., staff to training, field
interviews, advisory group meeting, etc.). Show the basis of computation (e.g., six people to 3-day
training at $X airfare, $X lodging, $X subsistence). In training projects, travel and meals for trainees
should be listed separately. Show the number of trainees and the unit costs involved. Identify the
location of travel, ifknown. Indicate source of Travel Policies applied, Applicant or Federal Travel
Regulations.
Purpose of Travel
Destination
Item
Computation
Cost
TOTAL -0-
D. Equipment - List non-expendable items that are to be purchased. Nonexpendable equipment is
tangible property having a useful life of more than two years and an acquisition cost of$5,000 or
more per unit. (Note: Organization's own capitalization policy may be used for items costing less
than $5,000). Expendable items should be included either in the "Supplies" category or in the
"Other" category. Applicants should analyze the cost benefits of purchasing items versus leasing
equipment, especially high-cost items and those subject to rapid technical advances. Rented or leased
equipment costs should be listed in the "Contractual" category. Explain how the equipment is
necessary for the success ofthe project. Attach a narrative describing the procurement method to be
used.
Item Computation Cost
TOTAL -0-
E. Supplies - List items by type (office supplies, postage, training materials, copying paper, and
expendable items costing less than $5,000, such as books, hand-held tape recorders), and show
the basis for computation. (Note: Organization's own capitalization policy may be used for items
costing less than $5,000). Generally, supplies include any materials that are expendable or
consumed during the course of the project.
F.
Supply Items Computation
Computer and monitor for use
by HOC Staff
Cost
$1,100
Printer/ copier/scanner/fax
400
Upgrades on Microsoft Office
Suite, including Publisher
250
Adobe Acrobat Software
Package
250
TOTAL $2,000
F. Construction - As a rule, construction costs are not allowable. In some cases, minor repairs or
renovations may be allowable. Consult with the program office before budgeting funds in this
category.
Purpose
Description of Work
Cost
TOTAL -0-
G. Consultants/Contracts -Indicate whether applicant's formal, written Procurement Policy or the
Federal Acquisition Regulations are followed.
Consultant Fees: For each consultant enter the name, ifknown; service to be provided; hourly or
daily fee (8-hour day); and estimated time on the project. Consultant fees in excess of $250 per day
require additional justification an prior approval for OJP.
Name of Consultant Service Provided Computation Cost
Subtotal $-0-
Consultant Expenses: List all expenses to be paid from the grant to the individual consultants in
addition to their fees (e.g., travel, meals, lodging, etc.).
Item Location Computation Cost
Subtotal $-0-
Contracts: Provide a description of the product or service to be procured by contract and an estimate
of the cost. Applicants are encouraged to promote free and open competition in awarding contracts.
A separate justification must be provided for sole source contracts in excess of $1 00,000.
Item
Cost
Contract with YWCA of Tampa Bay (sole source) for the following services:
operation of Hispanic Outreach Program consisting of advocacy, interpretation,
translation of documents, and crime prevention/education activities. All
programs will be administered and housed in a City-owned building to be leased
by the YWCA for $1 per year in the heart of the Hispanic community.
Contractual expenses will be spread out over the I-year period of October 1,
2007 - September, 30, 2008 and will include the following:
. Salary for 50% of 2 full-time bilingual Advocacy employees employed by
the YWCA @ $34,835 per year x 1 year
. Benefits for 50% of 2 full-time Advocacy employees (FICA, Health
Insurance, Life Insurance, Workman's Comp, Retirement) @ $6,270 per
year x 1 year
. Response to Interpreter call-outs @ 150 call-outs per year x $50 per call-out
x 1 year
. Additional $11.50 per hour for Interpreters for hours worked on call-outs,
scheduled appointments, court hearings, community assignments, or police
ride-alongs @ 575 hours per year x 1 year
. Training for new and existing Interpreters @ 180 hours per year x $11.50
per hour x 1 year
. Translation of documents by Interpreters @ 40 pages x $30 per page x 1
year
. Miscellaneous costs associated with operation of Hispanic Outreach
Program and building maintenance @ $6,019 x 1 year, including utilities,
maintenance, janitorial service, pest control, operating supplies and
expenses, local travel/training, telephone, security monitoring, copy
machine rental and supplies, and other small equipment rental, purchase and
repair, i.e. calculator, other operating costs, liability insurance, audit.
(Training for the staff will be authorized to maintain their "Victim Services
Practitioner Designations" issued by Florida's Office ofthe Attorney
General)
$34,835
6,270
7,500
6,613
2,070
1,200
6,319
Subtotal $64.807
TOTAL $64.807
H. Other Costs - List items (e.g., rent, reproduction, telephone, janitorial or security services, and
investigative or confidential funds) by major type and the basis ofthe computation. For example,
provide the square footage and the cost per square foot for rent, and provide a monthly rental cost and
how many months to rent.
Description
Computation
Cost
TOTAL ~
I. Indirect Costs - Indirect costs are allowed only if the applicant has a Federally approved indirect
cost rate. A copy of the rate approval (a fully executed, negotiated agreement) must be attached. If
the applicant does not have an approved rate, one can be requested by contacting the applicant's
cognizant Federal agency, which will review all documentation and approve a rate for the applicant
organization, or ifthe applicant's accounting system permits, costs maybe allocated in the direct cost
categories.
Description
Computation
Cost
TOTAL -0-
J. Budget Summary - When you have completed the budget worksheet, transfer the totals for each
category to the spaces below. Compute the total direct costs and the total project costs. Indicate the
amount of Federal funds requested and the amount of non-Federal funds that will support the project.
Budget Category Amount
A. Personnel $-0-
B. Fringe Benefits $-0-
C. Travel $-0-
D. Equipment $-0-
E. Supplies $2,000
F. Construction $-0-
G. Consultants/Contracts $64,807
H. Other $-0-
Total Direct Costs $66,807
L Indirect Costs $-0-
TOTAL PROJECT COSTS $66,807
Federal Request
$66,807
Non-Federal Request
PROGRAM NARRATIVE
The Clearwater Police Department is seeking continued arant fundinQ for Operaci6n Apoyo Hispano, an
Interpreter and Victim Advocacy program developed in partnership with the YWCA of Tampa Bay. The
program has been grant funded for more than five years, first with Weed and Seed funding, then with
Edward Byrne Memorial Grant Funds from the State of Florida, then last year with Justice Assistance
Grant funding. This grant application seeks funding of the program for the period of October 1, 2007 -
September 30, 2008. The activities fall under two purpose areas set forth bv the JAG proaram: law
enforcement and prevention and education proarams.
A. PROBLEM DESCRIPTION
The Spanish-English language barrier facing the City of Clearwater Police Department continues to
present a serious challenge.
The Hispanic community in Clearwater is the fastest growing population in the City. The 2000 U.S.
Census figures show that the Hispanic population in Clearwater was 9%, up from 3% in 1990. Local
experts, however, state that when undocumented people are included, the Hispanic population in the City
is closer to 18 % of the total population, or 20,000 people.
Thousands of the Spanish speaking residents of the City of Clearwater have little or no ability to
communicate effectively in English. Without a reliable method of providing interpretation, for both officers
and residents, the ability of the Clearwater Police Department to deliver effective policing and crime
prevention services is compromised. Without effective bilingual victim advocacy services, residents'
access to protection under the law is threatened.
The National Institute of Justice (NIJ) reports that immigrants report crimes less frequently than other
victims. It was reported that an estimated 42% of Latino immigrants were likely to underreport crime. In
the NIJ survey, nearly 25% of the respondents believed that domestic violence was the least reported
crime, with sexual assault and gang violence close behind. It was noted that in some cultures, reporting a
rape or robbery to the police was a "great shame" on the family. The survey results also indicated that
language is not the only barrier faced by immigrants to this country. Hardships such as cultural
differences in conceptions of justice and lack of knowledge of the criminal justice system were also
ranked fairly high. Other problems noted included residences without telephones, multiple families living
in one apartment or house, and a general mistrust of authorities.
These results reflect the experience in the City of Clearwater in recent years: isolation of the Hispanic
community; vulnerability to victimization; fear and mistrust of the police and other agencies of
government; lack of information regarding their rights and entitlements, especially those available to
undocumented immigrants; and a general apprehension that they would not be understood even if they
tried to access police services.
B. PROBLEM SIGNIFICANCE
Despite aggressive recruiting efforts for Spanish-speaking police officers and civilian staff, the Clearwater
Police Department has only 6 bilingual officers out of a total of 252 officers, and 2 bilingual Police Service
Technicians. Police officers need interpreters to complete traffic stops and investigate criminal activity.
Meaningful crime prevention education activities are impossible without interpreter services.
With respect to crime reporting by victims, there are insufficient resources within the Clearwater Police
Department to accept reports in Spanish. The Victim Advocate does not speak Spanish, and is therefore
not able to respond to residents who require assistance.
In 2000, the Clearwater Police Department determined that the problem was growing rapidly, and could
not be managed without external assistance. This realization led to the partnership with the YWCA of
Tampa Bay.
C. PROJECT DESCRIPTION
Operacion Apoyo Hispano is a successful program that has grown steadily since its creation in 2000.
Since that time, the YWCA has employed two bilingual victim advocates, who provide two program
components:
. advocacy services for more than 300 people per year, on a broad range of client-based issues
. interpreter services, on a call-out basis, which, in FY 2004-05, responded to 225 assignments. The
YWCA contracts with approximately 12 trained interpreters who are available 24 hours per day.
Service Elements
Interpreter services: Since September 2000, the Clearwater Police Department has partnered
with the YWCA of Tampa Bay to provide interpreter service for officers who encounter Spanish
speaking people in the course of their duties. Since February 1, 2001, interpreter services have
been used 847 times, with 225 of those in 2004-05. The credibility of the interpreter program with
officers on patrol has increased steadily over the past five years. The leading interpreter activities
are traffic matters, violent crime, personal violence (Assault/Battery/Burglary), and scheduled
appointments to conduct investigations, reverse prostitution stings, or assist at public events. The
police department also uses ride-along interpreters on the weekend to provide fast response to
incidents. Officers continue to report a positive and professional response from YWCA
interpreters.
Advocacy services: The need for advocacy and referral continues to grow. In 2004-05,
advocates dealt with 81 complex cases. The leading issues were: personal injury (Battery/
Burglary), domestic violence, child support, and procedural problems (Landlord-Tenant/Insurance
claims, Immigration, and legal matters). The advocacy cases highlight two issues for immigrants,
which together make them very vulnerable to victimization:
a) they do not know what their legal rights and entitlements are, and
b) they do not know how to access the services and resources that can help them.
Information/Crime Prevention series: In 2004-05, the YWCA ran 21 educational sessions and 3
Legal Clinics. Among the topics covered were Domestic Violence, Child Abuse, LandlordfTenant
Issues, Immigration, Florida Drivers License Information, How to Prepare for a Hurricane,
Parenting Skills, How to Report a Missing Person, and more. The Hispanic Outreach Center,
which opened in November 2002, significantly increased the activity of the Advocacy program,
largely due to the increased visibility and new partners in delivering the programs. Program
partners include the Consejo Mexicano, St. Petersburg College, Turley Family Health Center,
North Greenwood Family Health Resource Center, Pinellas County Health Department, and
Pinellas County Schools, Gulf Coast Legal Services, and the Clearwater Bar Association, who all
offer services in the Outreach Center.
There remains a significant need for crime prevention information offered in conjunction with
Police Department Officers. Prostitution, domestic violence, and fraudulent lending are some
areas where people need more information in order to avoid becoming offenders as well as
victims.
Translation: A continuing unmet need is for legally oriented pamphlets, brochures, newsletters,
and video programs to be available in Spanish and distributed broadly in the Hispanic community.
The YWCA will, with proper advice from legal experts, continue to produce materials on crime and
victim issues, and make them easily available.
D. GOALS
The goals of the program for FY 2007/08 are:
a) to make it possible for the Clearwater Police Department to communicate effectively with
unilingual Spanish speaking people;
b) to assist Spanish speaking people to access the services and protections available to them;
c) to offer education and information on Community Policing issues and laws and regulations
affecting daily life in the United States; and
d) to translate materials, and make Spanish language materials available in Spanish, which are
informative about residents' rights and entitlements, and their obligations under the law.
Annual Objectives for FY 2007/08:
Interpreter Services
. Provide interpreters for 150 call-outs to police scenes
. Deliver refresher training sessions for interpreters, in collaboration with the Clearwater
Police Department, as needed during the year
. Accompany Traffic officers on ride-alongs approximately 52 times during the year
. Provide cultural training and Spanish classes for Police Department personnel
Victim Advocacy and Outreach
. Provide victim advocacy and support services for 75 victims of crime
. Host two Information Series in Spanish on topics of interest, ego Immigration, Family
Law, Public Education System, Landlord-Tenant Law
. Host six Clinics on immigration and traffic related issues
. Provide crisis intervention, information and referral for 175 persons.
Crime Prevention Education and Outreach
. With the Hispanic Outreach Liaison Officer of the Clearwater Police Department
(assigned to the project on a full-time basis), deliver crime prevention education
classes in Spanish on topics such as: auto theft, child abuse, domestic violence,
bicycle safety, home security, gangs, drug awareness, DUI, and Neighborhood Watch.
. With CPD, host six Clinics on traffic related issues such as insurance, driver
licenses, and insurance
. With the Police Department's "Project Sentinel" bring bilingual Homeland Security
workshops to Hispanic residents.
Referrals from the Clearwater Police Department
. Provide crisis intervention, counseling, and advocacy services for 90% of those calls
determined by Clearwater Police Department to be appropriate referrals for Victim
Advocacy services.
Document Translation
. To provide translation for the Clearwater Police Department of videos, brochures,
newsletters, and other material, utilizing the Advocacy Assistant and Interpreters.
E. ADMINISTRATION AND LOCATION
The Clearwater Police Department will be the implementing agency for this grant and will contract with the
YWCA of Tampa Bay to provide program services. The location for this program will be at the YWCA/City
of Clearwater Hispanic Outreach Center, 612 Franklin St., Clearwater, FL 33756, created in collaboration
with the City of Clearwater Police Department.
The YWCA is a not-for-profit affiliate of the YWCA of the USA, serving girls, women, and families in
Pinellas County since 1919. The YWCA has the expertise and relationship with the Hispanic community
to operate a program providing interpretation, victim advocacy, and crime prevention services to Spanish
speaking people in Clearwater.
City Council
w",_~g!!nd!,..,.,.~oV~!,.,~,!!!I_~!!_nd urn,
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'd.do
Tracking Number: 1,940
Actual Date: 03/02/2006
Subiect / Recommendation:
Approve an Interlocal Agreement with Pinellas County for the establishment and operation of an
Advanced Traffic Management System/Intelligent Transportation System (ATMS/ITS)and
authorize the appropriate officials to execute same. (consent)
Summary:
This Interlocal Agreement establishes the working relationship between the City of Clearwater and
Pinellas County in all matters relating to the Countywide ATMS/ITS systems. The following items
in the agreement are of special interest:
1. Establishes that city statutory authority over county roads in the city limits will be turned over
to the county once ATMS/ITS devices are deployed,
2. Mandates that the county contract with the city for city forces to do the maintenance on all the
traffic signal hardware.
3. Establishes that the county will pay the city the same rate for maintenance that the county
receives for maintenance of other cities signals.
4. Establishes a supervisory work group comprised of the Public Works Administrators of
Clearwater and the County with a FOOT representative to oversee the overall operation of the
system and to maintain the standards of operation and maintenance.
5. Establishes that the county will be responsible for the maintenance costs of all the ATMS/ITS
devices on the corridors including the power bill for the signals,
6. Establishes that a city employee will be provided at city expense in the Primary Control Center
to represent the city in issues relating to the operation of the system,
7. A copy is on file in the Official Records and Legislative Services office for review.
Originating: Engineering
Section: Consent Agenda
Cateaorv: Agreements/Contracts - without cost
Number of Hard Copies attached: 1
Public Hearing: No
Financial Information:
Review Approval
Michael Ouillen 02-17-2006 09: 18:01
Cvndie Goudeau 02-23-2006 08:49: 18
Sue Diana 02-24-2006 09:06:48
Brvan Ruff 02-21-2006 11:50:16
Garrv Brumback 02-23-2006 15:34:09
ater
Tina Wilson
Bill Horne
City Council
~_;";~~g.!!nda~ove!="M~n:-ora nd um;'.";_M'~
02-23-2006 08:02:30
02-23-2006 21 :20:05
COUNTYWIDE ATMS / ITS TRAFFIC SIGNAL
INTERLOCAL AGREEMENT
.....".
Agreement Between Pinellas County and
The City of Clearwater
Date February 14,2006
~..~-~
Id. d
--I
Interlocal Agreement - Clearwater
2/14/06
Page 2
COUNTYWIDE ATMS / ITS TRAFFIC SIGNAL
INTERLOCAL AGREEMENT
THIS AGREEMENT, made and entered into on the _ day of ,2006, by and
between Pinellas County, a political subdivision of the State of Florida, hereinafter referred to as
the COUNTY, and the City of Clearwater, a municipal corporation, hereinafter referred to as the
CITY,
WITNESSTH, That:
WHEREAS, this Agreement is made and entered between parties pursuant to Section
163.01, Florida Statutes, the "Florida Interlocal Cooperation Act of 1969", and
WHEREAS, the COUNTY and CITY desire to foster an atmosphere of cooperation,
which will afford advantages to the citizens and businesses within the municipal boundaries and
in the unincorporated area, and
WHEREAS, it is beneficial to all citizens throughout the County that the governments
cooperate to address community needs in matters affecting health, safety, welfare, economic
conditions and countywide mobility, and
WHEREAS, the COUNTY and CITY have determined that it is of mutual benefit to
centralize traffic signal operations on specified arterial roads and other major thoroughfares,
across municipal boundaries, establishing an Advanced Traffic Management System (ATMS),
for the most efficient operations of those facilities on a countywide basis, and
WHEREAS, the COUNTY and CITY have determined that it is of mutual benefit to
centralize Intelligent Transportation Systems (ITS) on specified arterial roads and other major
thoroughfares across municipal boundaries, for the safest and most efficient operation of those
facilities on a countywide basis, and
WHEREAS, the CITY presently has traffic control authority to carry out the matters
authorized by Section 316.006(2), Florida Statutes on ATMS / ITS corridors within the city
limits; and
WHEREAS, Section 125.01(p), Florida Statutes, authorizes counties to enter into
agreements with other governmental agencies within or outside the boundaries of the county for
joint performance, or performance by one unit in behalf of the other, of any of either agencies
authorized functions.
WHEREAS, the Pinellas County Charter, Section 2.04(q), provides that County
government has all powers necessary to transfer the functions and powers of any other
Interlocal Agreement - Clearwater
2/14/06
Page 3
governmental agency upon approval by the governing body of that agency and the Board of
County Commissioners, and
WHEREAS, Section 335.0415, Florida Statutes, authorizes that public roads may be
transferred between jurisdictions only by mutual agreement of the affected governmental
agencIes.
WHEREAS, the COUNTY and CITY have determined that it is beneficial to transfer the
responsibility for operation and maintenance all traffic control devices on any roadway to the
COUNTY once ATMS / ITS equipment is installed, as per the implementation plan, and
WHEREAS, the COUNTY has agreed to assume the current funding obligation for the
operations transferred hereunder, pursuant to the terms of this Agreement, and
WHEREAS, the COUNTY and CITY have determined that it is of mutual benefit to
contract or transfer traffic signal maintenance between the CITY and the COUNTY for certain
ATMS and non-ATMS traffic signals, and
WHEREAS, the COUNTY will establish, administer, manage, operate and maintain the
Pinellas Countywide Primary Control Center, also known as the Pinellas County Regional
Transportation Management Center, hereinafter referred to as the PCC, to provide for the ATMS
and ITS.
NOW THEREFORE, the parties, in consideration of mutual promises herein contained, and for
other goods and valuable consideration, receipt of which is hereby acknowledged by all parties,
hereby agree as follows:
SECTION 1
GENERAL
It is mutually agreed that in exchange for relinquishing and transferring traffic control
jurisdiction and related devices described herein on the ATMS / ITS corridors, to the
COUNTY, the CITY shall be relieved of the expense associated with such traffic control,
and in turn the COUNTY shall, after receiving such traffic control responsibilities,
assume the costs and expenses of same. From this basic agreement the following
sections are developed.
Interlocal Agreement - Clearwater
2/14/06
Page 4
SECTION 2
ATMS I ITS NETWORK
2.1. For purposes ofthis Agreement the ATMS I ITS system network and implementation
phasing is identified as Exhibit "A2". Exhibit "A2" is incorporated in the Metropolitan
Planning Organization (MPO) Long Range Transportation Plan (LRTP). Any
modifications to the map adopted by the MPO will automatically supersede the attached
plan without need to amend this Agreement.
2.2. The CITY agrees to transfer to the COUNTY traffic control responsibilities on A TMS I
ITS corridors at the beginning of the construction phase for ATMS corridor
implementation projects within the CITY limits. This transfer will be effective upon
"notice to proceed" for the construction contract. The COUNTY will perform all project
coordination, construction inspection; system related activities and traffic control
determinations. The COUNTY and CITY will develop a mutually agreed upon partnering
plan for construction related activities.
2.3. For purposes ofthis agreement transfer oftraffic control responsibilities on ATMS I ITS
corridors shall be limited to those enumerated below. State roads remain the jurisdiction of
the FDOT, however coordination of traffic control determinations with the FDOT will be
by the COUNTY, with input from the CITY.
2.3.1. Conduct required traffic engineering studies to determine appropriate traffic control
devices.
2.3.2. Install and maintain traffic signals where warranted.
2.3.3. Establish traffic signal timing for all traffic signals.
2.3.4. Establish timing plan settings for all traffic signals.
2.3.5. Modification to signal timing and phasing.
2.3.6. Establish speed limits.
2.3.7. Prohibit or restrict left, right and V-turns.
2.3.8. Designate crosswalks; establish school zones and safety zones for safe pedestrian
movement.
2.3.9. Establish and mark traffic lanes, bike lanes and other striping required to regulate,
guide or warn traffic.
2.4. It is specifically understood and agreed that all rights and powers as may be vested in the
CITY pursuant to Chapter 316 of the Florida Statutes or any other law or ordinance or
charter provision of CITY and not specifically transferred to COUNTY herein shall be
retained by CITY, It is further understood and agreed that CITY is not transferring any of
its traffic enforcement functions, right or duties by the execution of this Agreement, and
CITY shall fully retain such traffic enforcement functions, rights and duties together with
all rights of enforcement of CITY traffic ordinances or state traffic statutes.
lnterlocal Agreement - Clearwater
2/14/06
Page 5
SECTION 3
FUNDING
3.1. The COUNTY will fund, administer, staff, operate and maintain the PCC to accomplish
the directives set forth in this Agreement.
3.2. The COUNTY will be responsible for all funding, as becomes available, for
implementation, operation and maintenance ofthe ATMS / ITS features on the ATMS /
ITS corridors.
3.3. Following transfer of ATMS / ITS corridors, the COUNTY will assume all capital cost for
signal upgrades or new signal construction. If the signal is included as part of a separate
road improvement, land development or other transportation proj ect, funding will be from
the project source of funds.
3.4. Following transfer of ATMS / ITS corridors to the COUNTY, the COUNTY will assume
all operation and maintenance costs related to all traffic control devices and ATMS / ITS
devices.
3.5. Following transfer of ATMS / ITS corridors the COUNTY agrees to be responsible for and
pay utility bills for traffic control devices and ITS devices only. Utility bills for streetlights
or other features are excluded from COUNTY responsibility.
3.6. Following transfer of ATMS / ITS corridors the COUNTY shall contract with the CITY
for city forces to maintain all the traffic signals on the A TMS / ITS corridors, within the
city limits of Clearwater. Some ATMS / ITS and non-ATMS / ITS signals may also be
contracted to the CITY or transferred to the COUNTY, as mutually agreed upon, for
purposes of economy, location or staffing availability. The contract rate will be directly
tied to the standard flat rate maintenance charges utilized by the COUNTY for their signal
maintenance contracts. All maintenance contracts shall utilize standardized Level of
Service criteria. See Exhibit "AI"
3.7. The CITY shall continue to maintain all traffic signals, vehicle detection systems and
communications network on all roadways that have not been transferred to the COUNTY.
All costs associated with these responsibilities will be the CITY'S expense.
3.8. The CITY will continue to fund, administer, operate and maintain the CITY'S Traffic
Operations Center (TOC) and existing MTCS-PC signal system. All costs associated with
these maintenance responsibilities will be the CITY'S expense.
3.9. Upon execution ofthis Agreement the COUNTY will fund future modifications required
to utilize the TOC as the secondary control center and backup location to the PCC. Any
design, building modifications, equipment, software or communications infrastructure
funds budgeted prior to execution of this Agreement will continue to be funded through
existing sources.
3.10. The COUNTY will continue to fund, administer operate and maintain the existing MTCS-
PC signal system in all areas of the County except the City's of Clearwater and St.
.--
Interlocal Agreement - Clearwater
2/14/06
Page 6
Petersburg. All costs associated with these responsibilities will be the COUNTY'S
expense.
3.11. There shall be no reimbursement or replacement for funds expended or budgeted for the
A TMS / ITS implementation prior to execution of this agreement.
SECTION 4
PINELLAS COUNTY RESPONSIBILITIES
4.1. The COUNTY will exercise the necessary power, privilege and authority to accomplish
countywide regional transportation management by operation of traffic signals and related
intelligent transportation systems on the A TMS / ITS system.
4.2. The COUNTY will manage, operate and maintain the PCC through the County Public
Works Department under the County Administrator, The functional management structure
is defined in Exhibit "AI".
4.3. The COUNTY will provide all engineering and operational studies, signal system timing
and make all traffic control determinations for A TMS / ITS corridors once they are
transferred to the COUNTY.
4.4. The COUNTY will be the sole local government to negotiate public / private partnership
agreements as related to the A TMS / ITS system. This includes companies that may
provide infrastructure systems, components, or emerging technology in return for
proprietary data that can be utilized for payor premium services. This does not include
agreements made by the CITY relative to equipment and services owned by the CITY.
4.5. The COUNTY Public Works Director will participate as an active member ofthe PCC
Advisory Committee as outlined in Exhibit "AI". The COUNTY Public Works Director
will chair the PCC Advisory Committee.
4.6. The COUNTY shall adhere to all standards set forth in the "Standard Operating Guidelines
and Functional Management Structure for ATMS / ITS System", Exhibit "AI". The
COUNTY agrees that the PCC Advisory Committee shall review, comment and approve
all modifications to this document.
4.7. The COUNTY shall provide a CITY REPRESENT A TIVE to be a liaison to the CITY for
coordination of local issues. Should an existing CITY employee initially fill the position,
the COUNTY would provide funding to the CITY for reimbursement of employee salary
burdens through a separate inter-local agreement. Job duties are described in Exhibit
"AI ".
4.8. The COUNTY shall be the Primary Project Manager for design of all ATMS / ITS corridor
projects and in prioritizing implementation ofthese systems. All projects will be built to
specifications established by the COUNTY or FDOT.
Interlocal Agreement - Clearwater
2/14/06
Page 7
4.9. Following transfer of an ATMS / ITS corridor any new traffic signals installed on
transferred roadway within the city limits of Clearwater shall be paid for by the COUNTY,
excluding state roads. Mast arm type signals will be utilized, including the CITY'S choice
of color, unless circumstance or design limitations would preclude this type of installation.
Other esthetic or decorative items will be handled through a separate Joint Project
Agreement (JP A). Upon completion the maintenance will be contracted to the CITY as per
section 3.6 and 5.3.
4.10. The COUNTY will provide and own the fiber-optic communication lines that constitute
the countywide A TMS / ITS communication network trunk line. This excludes any CITY
owned fiber-optic lines.
4.11. The COUNTY will involve the CITY in design, project meetings and plan reviews for all
ATMS construction projects within the CITY limits.
4.12. The COUNTY will maintain close coordination with CITY fire and police agencies
relative to operation and maintenance of traffic signals and preemption devices within the
city limits. The CITY REPRESENT A TNE will be the primary contact for these agencies.
SECTION 5
CITY OF CLEARWATER RESPONSIBILITIES
5.1. The CITY Public Works Administrator will participate as an active member of the PCC
Advisory Committee as outlined in Exhibit "AI".
5.2. The CITY shall adhere to all standards set forth in the "Standard Operating Guidelines and
Functional Management Structure for ATMS / ITS System", Exhibit "AI". The CITY
agrees that the PCC Advisory Committee shall review, comment and approve all
modifications to this document.
5.3. The CITY may, at their own expense, house CITY staff members at the PCC. Operation
and Maintenance Costs will be established through a separate agreement. In lieu of annual
payment, the local contributions already made to the overall A TMS / ITS implementation
will be deemed satisfactory compensation to offset annual payment until such costs exceed
the CITY'S initial $3.8 million contribution.
5.4. The CITY agrees to provide maintenance for mutually agreed upon ATMS and non-ATMS
traffic signals, as outlined in Section 3.6 of this agreement.
5.5. The CITY agrees to utilize the CITY'S TOC, located in the Municipal Services Building,
as a secondary control center and the backup location for the A TMS / ITS computer
network, unless or until other mutually agreed upon provisions for back up are established.
5.6. The CITY may participate in ATMS / ITS corridor projects within or near the city limits
including plans review, project meetings and construction coordination.
Interlocal Agreement. Clearwater
2/14/06
Page 8
5.7. The CITY shall continue to operate and maintain the existing MTCS-PC signal system.
This includes hardware and software maintenance, staffing at appropriate locations and
signal timing plan development.
5.8. Following transfer of a ATMS / ITS corridor the CITY grants to the COUNTY permission
and permit to use any CITY public rights-of-way or easement needed for maintenance of
traffic signals, A TMS, ITS or communications facilities on those corridors.
5.9. Nothing in this agreement affects existing CITY duties or responsibilities for funding,
traffic control or other CITY jurisdiction on any and all non-ATMS / ITS corridors.
SECTION 6
SPECIAL PROVISIONS
6.1. Upon execution of this Agreement, the existing Pinellas County Traffic Control Center,
located on US 19, will operate as the PCC and be so designated.
6.2. The PCC staff and the CITY will coordinate efforts for all CITY special events. Each
event will be studied to determine whether the impact of the event is better handled by the
local TOC, PCC, or a combination of both. To the extent possible, events where there will
be PCC involvement the CITY REPRESENTATIVE will coordinate and operate event
related activities at the PCC.
6.3. The PCC will provide control access to the CITY for local ITS activities including parking
information, special event management and other situations where utilizing A TMS / ITS
devices provide benefit to the citizens of the CITY and the COUNTY. The PCC may, if
circumstances dictate a higher level of need, supercede CITY control to utilize ATMS /
ITS equipment for appropriate response. Such instances would include detection of an
incident, emergency response, or other emergency level situation.
SECTION 7
MISCELLANEOUS PROVISIONS
7.1. Any amendment to or modifications of this Agreement or any alteration, extension,
supplement or change of the time or scope of the work shall be in writing and signed by
both parties.
7.2. This Agreement shall be governed and construed in accordance with the laws of the State
of Florida.
Interlocal Agreement - Clearwater
2/14/06
Page 9
7.3. Nothing herein shall be construed to create any third party beneficiary rights in any person
not a party to this Agreement, nor to increase the liability of the COUNTY to third parties
under any theory.
7.4. If any word, clause, sentence or paragraph of the Agreement is held invalid, the invalidity
shall not affect other provisions of the Agreement which can be given effect without the
invalid provision, and therefore the separate provisions of this Agreement are severable.
7.5. This document embodies the whole Agreement of the parties. There are no promises,
terms, conditions or allegations other than those contained herein and this document shall
supersede all previous communications, representations and/or agreements, whether
written or verbal, between the parties hereto.
7.6. This Agreement shall be binding upon the parties, their successors, assigns and legal
representatives.
7.7. The parties will offer each other full cooperation in the transition phase as well as
throughout the term of this Agreement.
SECTION 8
FISCAL FUNDING CLAUSE
In the event that sufficient budgeted funds are not available for a new fiscal period, the
COUNTY shall notify the CITY by January 1 st of the fiscal year prior to such an
occurrence and the Agreement shall terminate on the last day ofthe then fiscal year
period without penalty or expense to the COUNTY.
Interlocal Agreement - Clearwater
2/14/06
Page 10
SECTION 9
EFFECTIVE DATE AND TERMINATION
This Agreement shall take effect upon the County identifying funds for purposes of this
agreement followed by execution by the parties and filing with the Clerk of the Circuit
Court for Pinellas County, Florida. This Agreement shall be effective for a period of ten
(10) years from the date of execution. This agreement may be renewed subject to
execution of a written renewal agreement between the COUNTY and CITY. Each
renewal period may not exceed (10) years. There is no limit to the number of renewals
unless so specified in a subsequent renewal agreement. This Agreement shall be
terminated upon mutual consent of the parties or by either party, upon formal written
notice received prior to January I st of any calendar year with termination becoming
effective October I st of the same calendar year.
Interlocal Agreement - Clearwater
2/14/06
Page 11
IN WITNESS WHEREOF, the parties hereto have caused these present to be executed by
their duly authorized officers, and their official seals hereto affixed, the day and year first
above written.
ATTEST:
Ken Burke:
PINELLAS COUNTY, FLORIDA,
by and through its
Board of County Commissioners
By:
By:
Deputy Clerk
Chairman
Countersigned:
CITY OF CLEARWATER, FLORIDA,
By:
By:
Mayor-Commissioner
City Manager
ATTEST:
By:
City Clerk
APPROVED AS TO FORM
APPROVED AS TO FORM
OFFICE OF THE COUNTY ATTORNEY
OFFICE OF CITY ATTORNEY
In
Pinellas County Regional Transportation
Management Center
Standard Operating Procedure Manual and
Functional Management Structure
for ATMS / ITS System
Exhibit "At"
PCC - Standard
Operating Procedure Manual
2/14/06
Table of Contents
I. Introduction..................................................................................................3
II. Functional Management Structure.. ............... ..............................................3
A. PCC Advisory Committee........ .................. ......... .......... ..................3
B. PCC Manager................ .... .................... ...... .................................. ...4
C. ATMS / ITS Transportation Specialist ............................................4
D. City Representative.............,........... .................................................5
E. Office Assistant............... ........... ......................................................5
III. Operation and Management Guidelines......... ............................... ...............5
IV, Maintenance Standards and Guidelines .................. ................... ......... .........7
A. ITS Devices.... ............. ........ ...... ...... ...... ...... .... ..... ..... ....... .............. ..8
B. Traffic Signal Maintenance................... ...........................................8
C. Traffic Signal Maintenance - Levels of Service..............................8
Figure and Tables
Figure 1 - Functional Management Structure Chart................................................6
Page 2
PCC - Standard
Operating Procedure Manual
2/14/06
Page 3
I. Introduction:
The Pinellas Countywide Primary Control Center (PCC), also known as the Pinellas
County Regional Transportation Management Center was created to manage and operate
the Countywide Advanced Traffic Management System (ATMS) and the related
Intelligent Transportation Systems (ITS). The system is comprised of major arterials and
thoroughfares within Pinellas County that cross jurisdiction boundaries impacting
countywide regional travel.
The goals and objectives of the PCC are to utilize the ATMS / ITS systems to provide the
most efficient use of the countywide roadway network through corridor management and
related ITS services. The PCC is responsible for implementing traffic control strategies
along major corridors so they operate seamlessly across jurisdictional boundaries. This
includes utilizing ITS devices to provide comprehensive data necessary for incident
detection and traveler information.
II. Functional Management Structure:
Pinellas County will manage, operate and maintain the PCC through the County Public
Works Department under the County Administrator. The following describes the
functional management structure of the system (See Figure 2). Although not specifically
discussed the Metropolitan Planning Organization's ITS Committee will play an
interactive role with the PCC in development of the Pinellas County Regional ITS Plan.
The management structure for the PCC staffis shown for initial completion of ATMS
Phase 1. Additional positions will be required as the system size and tasks increase.
Under the full build scenario approximately 8 total positions will be required. Pinellas
County will employ all personnel.
The following defines the different positions involved in operation and management of
the PCc.
A. PCC Advisory Committee:
The initial representation on the committee will be the Director of Public Works for
Pinellas County, the Public Works Administrator for the City of Clearwater and a
representative of the FDOT. The COUNTY Director of Public Works will be the
chairman of the committee. Additional representatives may be added as determined by
the committee members. The Advisory Committee will be a review / policy Committee
to the PCC. The functions of the Advisory Committee are as follows:
1. Appoints the PCC Manager.
2. Reviews and recommends approval of operating guidelines, protocols and overall
countywide traffic management strategies.
3. Responsible for review, comment and adoption of changes to the PCC - Standard
Operating Procedures Manual.
PCC - Standard
Operating Procedure Manual
2/14/06
Page 4
4. Reviews work program submittals and project funding requests. Verities
consistency with overall priorities of the ATMS / ITS implementation.
5. Shall be responsible for resolving any disputes or disagreements concerning
standard operating guidelines and administrative issues.
6. The committee will determine the make up, level and representation of the PCC
Advisory Committee.
7. Recommends which traffic signals the COUNTY will contract or transfer for
maintenance responsibilities.
The Advisory Committee will meet on a regular basis, as determined by the Advisory
Committee, to conduct its business.
The following positions are required for staffing the PCC for the initial completion of
A TMS Phase 1.
PCC Manager: (1)
PCC Traffic Management Operators (2)
City Representative (1)
Clerical Assistant (1)
A brief job description for these staff positions is as follows:
B. PCC Manager: (1)
1. Responsible for attaining the goals and objectives of the PCC including corridor
management and ITS services.
2. Responsible for overseeing the day-to-day operations of the PCC.
3. Supervision of all PCC staff.
4. Shall perform hiring and evaluations ofPCC staffmembers.
5. Responsible for developing Standard Operating Guidelines for the PCC.
6. Develops and oversees PCC yearly budget.
7. Develops and manages A TMS / ITS implementation work program.
8. Responsible for proper management of contracts for expansion and enhancement
of the system.
9. Provides coordination between government agencies, emergency services, media,
information service providers and other transportation management centers on
A TMS and ITS services.
10. Coordinate with the ITS Committee to ensure consistency of the ATMS and ITS
services with the Pinellas County ITS Plan.
C. ATMS / ITS Transportation Specialist (2) - City Representative will occupy an
equivalent position.
1. Operate the ATMS / ITS system on a daily basis.
2. Receive and handle complaints.
3. Coordinate with municipalities on signal operations concerns.
4. Coordinate with municipalities on special events.
5. Make adjustment to system for optimum efficiency and performance.
PCC - Standard
Operating Procedure Manual
2/14/06
Page 5
6. Determine appropriate actions when incidents are detected.
7. Coordinate and participate in incident management with emergency services
dispatch.
8. Contact and dispatch maintenance personnel to equipment failures.
D. City Representative:
1. The primary duty of a City representative is to be a City's liaison to the PCC.
This would include, but not limited to, primary contact point for City questions,
comments and concerns related to traffic signals and ITS devices within the
municipal boundaries, local representation to a City for coordination meetings on
special events, traffic signal operations, ITS operations, and interaction between
the City Traffic Operations Center and the PCC.
2. The City representative will be a staff member of the PCC and work under the
supervision of the PCC Manager to obtain the overall goals of the ATMS / ITS
System. This includes working on any part of the ATMS / ITS system as needed
to accomplish countywide operation of traffic signals and intelligent
transportation system devices, disregarding municipal boundaries.
3. Other duties as described under the ATMS / ITS Transportation Specialist.
E. Clerical Assistant (1)
1. Perform clerical duties for PCC staff.
2. Perform purchasing and time keeping for PCC.
III. Operation and Management Guidelines:
The PCC is defined as the location where management and operation of the Countywide
Regional ATMS / ITS system will occur. The objective of the PCC is to provide
countywide corridor management and related ITS services for consistency and
accountability. This location will provide for these objectives based on the following
guidelines. From time to time this document will be updated to reflect new guidelines,
operational strategies and ITS services. The PCC will be responsible for:
1. Network monitoring for processing and disseminating real-time traffic data, such
as traffic volumes, speeds, and video images.
2. Implementing traffic control strategies along major corridors operating seamlessly
across jurisdictional boundaries and providing the most efficient operation.
3. Implementing incident management strategies to facilitate quicker incident
response and minimize impact on transportation network due to road and lane
closures.
4. Provide coordination with other agencies that may also be implementing ITS
strategies and devices that may impact the operation of the regional transportation
PCC - Standard
Operating Procedure Manual
2/14/06
Page 6
FUNCTIONAL MANAGEMENT STRUCTURE
For
PINEL LAS COUNTY REGIONAL TRANSPORTATION
MANAGEMENT CENTER (PCC)
Pinellas County
Board of County
Commissioners
Ir
Pinellas County
County
Administrator
,Ir
Pinellas County
Public Works
PCC Advisory
Committee - Public
Works Directors
..............................................................................................................................
: ' Pinellas County Regional :
. ,
. Transportation Management Center :
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PCC Manager
Office Specialist ~
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ATMS
Transportation
Specialist
ATMS
Transportation
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City Representative
Additional ATMS I
ITS Staff (as
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Figure 1
PCC - Standard
Operating Procedure Manual
2/14/06
Page 7
network. These agencies may include transit, emergency service dispatch and the
FDOT.
5. The PCC will monitor response activities and provide coordination for planned
events that impact countywide regional travel.
6. Collecting and disseminating traveler information through Dynamic Message
Signs, web sites, etc. In addition, the PCC will serve as a central point of contact
for the media, information service providers, and other regional traffic
management centers.
7. Archiving and storing traffic information.
8. The PCC will work with other local jurisdictions on questions, comments and
concerns related to traffic signals and ITS devices within their jurisdiction. The
PCC staffwill provide representation to the local jurisdictions for coordination
meetings on special events, traffic signal operation and design, Intelligent
Transportation System operations, and interaction between locally controlled
intersections and the ATMS.
9. The PCC will be responsible for ATMS / ITS services as may be developed and
added to the system.
10. The PCC will be the lead agency to prioritize and manage a work program to
expand and enhance the A TMS and related ITS system. Staff will coordinate
local municipalities, the Florida Department of Transportation and the Pinellas
County Metropolitan Planning Organization to evaluate other work programs
where ATMS or ITS related components may be incorporated to aid in expansion
of the ATMS.
11. The PCC Staff will be the primary project manager for all current and future
design, construction or implementation projects for the ATMS / ITS system,
disregarding where funding is obtained.
12. The PCC will be the lead agency in developing public / private partnerships for
the beneficial expansion, utilization or enhancement of services provided to the
public. This may include, but not limited to, companies that may provide
infrastructure systems, components, or emerging technology in return for
proprietary data that can be utilized for payor premium services.
IV. Maintenance Standards and Guidelines:
The PCC will be responsible for maintaining all aspects of the ATMS / ITS network.
The maintenance function will be divided into several areas to best accommodate the
overall network. The following is a basic outline of those functions and what entity will
perform the maintenance functions. Where specific standards are available they are listed
herein.
PCC - Standard
Operating Procedure Manual
2/14/06
Page 8
A. ITS Devices:
Pinellas County will be responsible for maintaining all ITS devices once they have
been installed. ITS devices include all devices attached to the A TMS / ITS system,
excluding traffic signals. They may include CCTV cameras, Dynamic Message Signs
(DMS), trail blazer signs and system communications cable.
B. Traffic Signal Maintenance:
Following transfer of ATMS / ITS corridors Pinellas County will be responsible for
maintaining all traffic signals on those roads. The County will execute this function
is several possible ways. They include:
1. The County may contract traffic signal maintenance to any city that has an
existing traffic signal shop and desires to provide these services. They shall be
maintained by the same service and maintenance standards as defined in this
exhibit. The contract rate will be established and authorized through a separate
contract. The PCC Advisory Committee will determine which signals should be
contracted to the City for maintenance.
2. The County will maintain traffic signals on transferred A TMS / ITS corridors in
municipalities that have no established traffic signal shop and will eliminate the
flat rate maintenance cost currently being paid by those cities.
3. Contracts maybe let by the County for certain aspects of traffic signal
maintenance that may be beneficial to the operation of the A TMS / ITS network.
(i.e. a loop maintenance contract). The maintaining entity may opt out of these
contracts if they can perform the function at the same level as defined within the
contract scope and requirements.
C. Traffic Signal Maintenance - Levels of Service Standards:
The following is a list of existing levels of service standards for maintenance of
traffic signals that are part of the A TMS / ITS network.
1. All signals must be maintained as per FDOT maintenance guidelines.
2. All signals will have preventative ground maintenance performed at a minimum
of twice a year. This includes checks of all signal equipment including loops,
controller settings, cabinet wiring and grounding.
3. All signals will have preventative aerial maintenance performed, at a minimum,
of once a year. This includes checks on all overhead wiring, signal head and pole
and mast arm connection inspections.
4. All signal malfunctions received during regular work hours will be dispatched
immediately after receiving call.
5. All signal malfunctions will have a one- hour response time after hours by the
standby personnel.
6. All inductance loop repairs will be done within 48 hours of notification.
7. In the event of a reported power outage a technician will be dispatched
immediately during normal working hours and one-hour response time after hours
by standby personal to confirm the outage.
PCC - Standard
Operating Procedure Manual
2/14/06
Page 9
8. All conflict monitors will be checked on the bench and certified semi-annually
with a documented maintenance form.
ATMS / ITS System Network
Exhibit" A2"
A TMS / ITS Corridor Map
2/14/06
Page 2
Exhibit "A2"
ATMS / ITS System Network
Phase 1
Phase 2
Phase 3
State Freeway
Management System
NOTE: Refer to rrs Program Proposals
for details about Installations
~gCeiflects All. 19 transfer to Myrtle Ave.
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City Council
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Tracking Number: 1,928
Actual Date: 03/02/2006
Subiect / Recommendation:
Pass Ordinance 7598-06 on first reading, amending Ordinance 7371-05 vacating the 60-foot
portion of the right-of-way of First Avenue, bounded on the east by a line 18 feet west of and
parallel to the westerly right-of-way line of Coronado Drive and bounded on the west by the
easterly right-of-way line of Gulf View Boulevard as more particularly described in the
ordinance; subject to special conditions; amending the special conditions,
Summary:
In Ordinance 7371-05 the City Council granted the vacation, requested by K and P Clearwater
Estate, LLC, of a portion of the First Avenue right-of-way, subject to special conditions that have
not been met,
Ordinance 7598-06 provides an amendment that changes the date of commencement of vertical
construction of the project described in the Development Agreement between the City of
Clearwater and K and P Clearwater Estate, LLC, from three (3) years from the date of adoption
of Ordinance 7371-05 to March 3, 2008.
The amended conditions include an additional condition which requires payment by the
Developer of the cost of construction of the Relocated First Street or the posting of security
suffcient to guarantee construction of the Relocated First Street as provided in the Development
agreement,
Originating: Engineering
Section Other items on City Manager Reports
Category: Vacation of Easements and Rights of Way
Number of Hard Copies attached: 3
Public Hearing: No
Financial Information:
Review Approval
Glen Bahnick
Bryan Ruff
02-07-2006 15:41:28
02-17-2006 08:39:35
02-07-2006 16:10:52
02-15-2006 09:56:50
02-08-2006 09: 13:54
02-16-2006 16:53:05
Cvndie Goudeau
Michael Ouillen
Garrv Brumback
Bill Horne
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ORDINANCE NO, 7371-05
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, VACATING, A PORTION OF THE 60-FOOT
RIGHT-OF-WAY OF FIRST AVENUE, (A.K.A. FIRST
STREET PER FIELD), SUBJECT TO SPECIAL
CONDITIONS; PROVIDING AN EFFECTIVE DATE.
WHEREAS, Kiran C. Patel owner of real property located in the City of Clearwater,
has requested that the City vacate the right-of-way depicted in Exhibit A attached hereto;
and
WHEREAS, the City Council finds that said right-of-way is not necessary for
municipal use and it is deemed to be in the best interest of the City and the general public
that the same be vacated; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The following:
Vacate a portion of the 60-foot right-of-way of First Avenue, (A.K.A. First Street per
field), the plat of L1oyd-White-Skinner Subdivision as recorded in Plat Book 13,
Page 12 of the public records of Pinellas County, Florida), more particularly
described as: From the southwest corner of Lot 55, L1oyd-White-Skinner
Subdivision, as recorded in Plat Book 13, Page 12 of the Official Records of
Pinellas County, Florida, run thence N05032'30"E along the easterly right of way
line of Gulf View Boulevard as shown on said plat a distance of 335.00 feet to the
Point of Beginning, said point also being the northwest corner of Lot 48 of said
Lloyd white skinner subdivision, thence N05032'30"E 60.00 feet to the southwest
corner of Lot 44, L1oyd-White-Skinner Subdivision; thence S84027'30"E along the
northerly right of way line of First Avenue, L1oyd-White-Skinner Subdivision a
distance of 192.00 feet; thence S05032'30"W along a line 18 feet west of and
parallel with the westerly right of way line of Coronado Avenue as shown on the
plat of L1oyd-White-Skinner Subdivision a distance of 60.00 feet to the southerly
right of way line of said First Avenue; thence N84027'30"W along said southerly
right of way line a distance of 192.00 feet to the Point of Beginning, subject to the
following conditions:
1) The project described within the Development agreement between the
City of Clearwater and K and P Clearwater Estate, LLC shall commence
vertical construction within three (3) years of the effective date of this
ordinance.
2) All public and private utilities shall be relocated by K and P Clearwater
Estate, LLC at its own expense and to the approval and acceptance of
Ordinance No. 7371-05
the utility owners with all out of service utilities removed prior to the
completion of the project,
3) This vacation shall become effective only after the dedication of
relocated First Street to the City.
4) This vacation ordinance shall be rendered null and void if any of the preceding
conditions are not met.
Section 2. The City Clerk shall record this ordinance in the public records of
Pinellas County, Florida, following adoption.
Section 3. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Bryan D. Ruff
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
2
Ordinance No. 7371-05
ORDINANCE NO, 7598-06
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING ORDINANCE NO. 7371-05, WHICH
VACATED A PORTION OF THE 60-FOOT RIGHT-OF-WAY
OF FIRST AVENUE, (AK.A FIRST STREET PER FIELD),
SUBJECT TO SPECIAL CONDITIONS TO AMEND THE
SPECIAL CONDITIONS; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, in Ordinance No. 7371-05, the City of Clearwater vacated the right-of-
way depicted in Exhibit A attached hereto, subject to certain conditions; and
WHEREAS, pursuant to the request of K and P Clearwater Estate, LLC, the
"Developer", the City Council finds that it is deemed to be in the best interest of the City
and the general public to amend the conditions of the vacation; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. That Section 1 of Ordinance No. 7371-05 is hereby amended to read
as follows:
The following:
Vacate a portion of the 60-foot right-of-way of First Avenue, (AK.A First Street per
field), the plat of L1oyd-White-Skinner Subdivision as recorded in Plat Book 13,
Page 12 of the public records of Pinellas County, Florida), more particularly
described as: From the southwest corner of Lot 55, L1oyd-White-Skinner
Subdivision, as recorded in Plat Book 13, Page 12 of the Official Records of
Pinellas County, Florida, run thence N05032'30"E along the easterly right of way
line of Gulf View Boulevard as shown on said plat a distance of 335.00 feet to the
Point of Beginning, said point also being the northwest corner of Lot 48 of said
Lloyd white skinner subdivision, thence N05032'30"E 60.00 feet to the southwest
corner of Lot 44, L1oyd-White-Skinner Subdivision; thence S84027'30"E along the
northerly right of way line of First Avenue, L1oyd-White-Skinner Subdivision a
distance of 192.00 feet; thence S05032'30"W along a line 18 feet west of and
parallel with the westerly right of way line of Coronado Avenue as shown on the
plat of L1oyd-White-Skinner Subdivision a distance of 60.00 feet to the southerly
right of way line of said First Avenue; thence N84027'30"W along said southerly
right of way line a distance of 192.00 feet to the Point of Beginning, subject to the
following conditions:
1) The project described within the Development Agreement between the
City of Clearwater and K and P Clearwater Estate, LLC adopted by
Resolution 04-39 and as thereafter amended,(the "Development
Ordinance No. 7598.06
Agreement") shall commence vertical construction by no later than
March 3, 2008 .
2) All public and private utilities shall be relocated by the Developer at its
own expense and to the approval and acceptance of the utility owners
with all out of service utilities removed prior to the completion of the
project,
3) This vacation shall become effective only after the Developer grants the
60-foot right -of -way for Relocated First Street to the City as provided in
the Development Agreement.
4) Payment by the Developer of the cost of construction of the Relocated
First Street or the posting of security sufficient to guarantee construction
of the Relocated First Street as provided in the Development
Agreement.
5) This vacation ordinance shall be rendered null and void if any of the preceding
conditions are not met.
Section 2. The City Clerk shall record this ordinance in the public records of
Pinellas County, Florida, following adoption.
Section 3. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Bryan D. Ruff
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
2
Ordinance No. 7598-05
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FIRST ST.
1
2
City of Clearwater, Florida
Public Works Administration/Engineering
DWG. NO
K and P Clearwater Estate, LLC VAC 2004-02
Sheet
20f2
Vacate Part Of First Street S::J:'s":,~~g
Ordinance
7371-05
Date
11/18/04
Drawn By
S.K.
Checked By
S.D.
GRID #
276A
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City Council
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1 ;>.Z1
Tracking Number: 1,923
Actual Date: 03/02/2006
Subject / Recommendation:
Approve a Work Order from the City of Clearwater to Owen Ayres & Associates, Inc, (EOR) to
redesign the Clearwater Beach West Bridge/Spur Connector project for a lump sum amount of
$175,000.00 and authorize the appropriate officials to execute same. (consent)
Summary:
On September 19, 2005, the City of Clearwaterreceived the lowest competitive bid from PCl
Civil Construction of Tampa Florida, in the amount of $5,287,269.35 to construct a cable stayed
pedestrian bridge over Mandalay Channel.
The low bid exceeded the total federal andlocal funding in the amount of $3,880,000 for
bridge construction and CEL In order to preserve the federal funding of $3,371,009 FDOT
agreed to the City's commitment to redesign the initial cable stayed pedestrian bridge.
The redesigned bridge will be amulti-span pre-cast pre-stressed concrete structure, and
shall provide a navigational clearance equal to the existing SR 60 roadway bridge. The
controlling vertical navigational clearance will be maintained at one of the spans near the middle
of the existing channel,
The Consultant will prepare the final redesigneddocuments and construction plans for the
new multi-span concrete structure. Elements of work shall include technical specifications and
special provisions, proposal with phased cost estimates, bridge structural analysis, approach
trails construction plans, hydraulic and scour analysis for a multiple span structure, reviewed
geotechnical analysis with updated report, monitoring of materials and construction costs
throughout the whole design process, permits' modification, and all other work necessary and
incidental to the completion of the project.
The anticipated completion date for thetechnical specifications and final construction plans
shall be within 180 calendar days (6 months) from the Notice to Proceed.
A midyear amendment will transfer $175,000 ofTransportation Impact Fees (381610) from
Capital Improvement program (CIP) project 0315-92551, City-Wide Intersection Improvements
to CIP project 0315-92340, Clearwater Beach West Bridge Connector.
A copy of the Work Order is availablefor review in the Official Records and legislative
Services Offices,
Originating: Engineering
Section Consent Agenda
Category: Agreements/Contracts - with cost
Number of Hard Copies attached: 1
Public Hearing: No
Financial Information:
~.~
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City Council
Type: Other
Budget Adjustment:
Yes
Budget Adjustment Comments:
See "Summary" section.
Appropriation Code(s)
0315-92340-561200-541-000
Amount
$175,000.00
Comments
Review Approval
Glen Bahnick
Bill Horne
02-08-2006 15:51:24
02-17-2006 08:42:19
02-09-2006 08:35:40
02-15-2006 10:10:19
02-09-2006 11:05:17
02-16-2006 16:50:49
Cvndie Goudeau
Michael Quillen
Garrv Brumback
Tina Wilson
AYRES ASSOCIATES WORK ORDER FORM
City Project Number 99-0081-EN
Date: January 17,2006
1. PROJECT TITLE:
Clearwater Beach Spur Connector Pedestrian Bridge
(99-0081-EN)
2. SCOPE OF SERVICES: This work order is for the design and preparation of
construction documents for a conventional 15-ft clear width multi-use recreational trail
over Mandalay Channel in the City of Clearwater. The proposed trail will be designed to
tie into the existing multi-use trail on either side of Mandalay Channel. The bridge will be
multi-span precast prestressed concrete structure and shall provide a navigational
clearance similar to the adjacent SR 60 roadway bridge. Due to site constraints, the
controlling vertical navigational clearance will be maintained at one of the spans near the
middle of the channel.
The following design phase services are anticipated as part of the scope of services:
. Structural analysis, bridge design and construction plans for the new bridge
. Approach trail design and construction plans
. Re-visit hydraulic and scour analysis for a multiple span structure and submit an
update Bridge Hydraulics Report
. Re-visit geotechnical analysis for the new foundation type and submit an updated
Geotechnical Report using the existing soil borings.
. Prepare technical specifications and special provisions.
. Obtain proactive and independent constructability and bidability reviews.
. Submit plans for FDOT and City reviews and approvals at 30% and 100% stage.
. Prepare detailed construction cost estimates at 30%, 60%, 90% and 100% stages of
design.
. Be proactive in monitoring materials and construction costs throughout the design
process to minimize variances between the Engineers Estimate and Construction
Bids.
. Prepare permit modifications
. Respond to RFIs during bidding phase
. Assist the City with LAP compliance and checklists.
. Review bids for compliance with contract terms and conditions
. Attend project meetings with the City.
. Perform the necessary project management, coordination and administration
functions
The following services are excluded from the scope of services:
. Lighting Plans
. Landscape Plans
. Field surveying
. Services during construction
3. PROJECT GOALS: Project goals are to provide a functional design for a pedestrian
bridge across Mandalay Channel that can be constructed within the City's budgetary and
schedule constraints.
4, METHOD OF PAYMENT: For the professional services included in the scope of
services above, Ayres Associates will be compensated a lump sum amount of $175,000.00.
5. SCHEDULE: Time is of essence and the Final Construction Plans and Specifications
shall be completed within 180 calendar days (six months) from the Notice to Proceed.
6. KEY STAFF ASSIGNMENT: Ayres Project Manager will be Dan Kelly, P.E., and
Structural Engineer of Record will be Hisham Sunna, Ph.D., P.E. These two engineers
will be assisted by other Ayres Associates professional and administrative staff, as
appropriate.
7. CORRESPONDENCEIREPORTING PROCEDURES: All correspondence to
the City will be addressed to the City's Project Manager, Mr. Chris Focsan.
8, INVOICINGIFUNDING PROCEDURES: Invoices shall be submitted monthly to
the City of Clearwater, Attention: Marty Pages, Administrative Analyst, Public Works
Administration, P.O. Box 4748, Clearwater, Florida 33758-4748, for work performed.
City invoicing code # 0315-92340-561200-541-000-0000
9. ENGINEERING CERTIFICATION: Ayres Associates shall maintain its
Certificate of Authorization to do business in the State of Florida current throughout the
duration ofthis Work Order and shall sign and seal all documents prepared by Ayres
Associates in accordance with Florida Statutes and rules.
10. SPECIAL CONSIDERATIONS: Provide proactive support and coordination with
FDOT during the design process to obtain plan approvals and compliance with the LAP
requirements.
PREPARED BY:
APPROVED BY:
Nizar K. J etha , P ,E,
Senior Vice President
Ayres Associates Inc
Michael D, Quillen, P,E.
City Engineer
City of Clearwater
Date
Date
~b
City Council
,,,_,,~!-Ia ~<9ve~_ Me<!"oral!,~,~,,!!L<~<,.__,,__
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ld.5
Tracking Number: 1,960
Actual Date: 03/02/2006
Subject I Recommendation:
Approve the collective bargaining agreement as negotiated between the City of Clearwater and
CWA Local 3179 for Fiscal Years 2005/06, 2006/07, and 2007/08.
Summary:
The most recent collective bargaining agreement between the City of Clearwater and CWA Local
3179 expired on September 30, 2005. City management staff and representatives of CWA Local
3179 met beginning in July of 2005 to negotiate a new contract, The parties reached a tentative
agreement on January 30, 2006. The Union submitted the proposed agreement to its
membership who ratified the agreement by a vote of 418 to 105 on February 23, 2006. The total
cost of wage increases associated with the implementation of this agreement is anticipated to be
approximately $4.8 million over three years
This is a three-year agreement containing the following major provisions:
Wages & Compensation:
Provide a 4% merit pay increase to employees notat their pay range maximum in year one.
Provide a pro-rated merit increase based on 4% to employees not at their range maximum and
provide a one-time, seniority-based pay adjustment of between $250 and $850 based on years
of service effective October 1, 2006, Provide a merit increase equal to 5% of the midpoint of
the employees' respective pay range effective October 1, 2007. Adjust pay range minimums
and maximums upward by 3% effective October 1, 2005, 3% effective October 1, 2006, and 3%
effective October 1, 2007, providing employees at their range maximum with a 3% base salary
increase and the remainder of each raise as a lump sum bonus,
Increase Standby Pay incrementally over the life ofthe agreement from $10 to $25 per
night, $50 to $70 per weekend, and $30 to $40 during holidays.
Increase solid waste driver pay from$10 to $15 in year three.
Insurance and Wellness:
Maintain the current Benefits Committee healthinsurance recommendation process and
guarantee continuation of at least one plan providing 100% coverage for employee-only health
insurance for duration of agreement.
Provide free access to City recreationalfacilities for all bargaining unit members effectively
immediately.
Cease City's participation in the "1 %" LifeInsurance program and increase City-paid group
term life insurance for all bargaining unit members from $2,500 to one-and-one-half times
annual salary up to a maximum of $50,000 effective September 30, 2008.
Leaves of Absence:
Maintain all current leaveaccruals and caps.
Clarify procedures related toleaves of absence.
Originating: Human Resources
Section Other items on City Manager Reports
Category: Agreements/Contracts - with cost
Public Hearing: No
~~
(l~
City Council
_,,_~~nd~,,"~ov!,!:,~,!morandum
Financial Information:
Type: Operating Expenditure
Bid Required? No
Bid Exceptions:
Impractical to Bid
In Current Year Budget?
Yes
Budget Adjustment:
No
Review Approval
Garrv Brumback
02-27-2006 15:33:25
Cvndie Goudeau
02-28-2006 08:39:42
Tina Wilson
02-27-2006 08:05:42
Bill Horne
02-27-2006 19:52:23
Leslie DouQall-Sides
02-27-2006 14: 14:08
ater
City Council
,.....,....,.~_,,~.g,~!!!!,~.....~,~~e!:~M,~,!n9r~,,!!d~!!L_."
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Tracking Number: 1,881
Actual Date: 03/02/2006
Subject / Recommendation:
Approve a Streetscape Maintenance Memorandum of Agreement with the Florida Department of
Transportation, District Seven, so that aesthetic improvements can be made to a portion of SR
60 (the east entrance to the Memorial Causeway Bridge and 770 feet west of the Memorial
Causeway Bridge) and Adopt Resolution 06-13 authorizing execution of said Streetscape
Maintenance Memorandum of Agreement.
Summary:
The City of Clearwater desires to improve and beautify the medians and right-of-way for S.R, 60
(the east entrance to the Memorial Causeway Bridge and 770 feet west of the Memorial
Causeway Bridge).
The State of Florida Department of Transportation, District Seven, has allocated funds for
landscape improvements in conjunction with the construction of the Memorial Causeway Bridge.
FDOT has established a budget of $712,000 which has previously been approved by the City for
these landscape improvements.
Upon installation of the landscape improvements, the City has agreed to maintain the same at
its sole expense and in a reasonable manner.
The revilization and landscape enhancements of SR 60 (Memorial Causeway and Memorial
Causeway Bridge) will leave a positive impression on visitors and residents alike.
The Department of Transportation requires a Streetscape Maintenance Memorandum of
Agreement to allow landscaping within their right-of-way.
In the event the City terminates this agreement, in accordance with Section 11, the FDOT
reserves the right to maintain, remove or restore the project, either with its own forces or
through private contractors, and charge the City for such maintenance, removal or restoration.
Due to this being a standard agreement with FDOT, FDOT was not inclined to make changes as
recommended by the City legal staff to document that the City nor FDOT is waiving sovereign
immunity as provided in FS 768.28 and to allow the City to have rights along with FDOT to
resolve claims rather than allowing FDOT to settle claims on their own,
A copy of the Agreement is available for review in the Official Records and Legislative Services
Department.
Originating: Parks and Recreation
Section Other items on City Manager Reports
Category: Agreements/Contracts - without cost
Number of Hard Copies attached: 1
Public Hearing: No
~.~
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City Council
Financial Information:
In Current Year Budget?
No
Budget Adjustment:
No
Review Approval
Kevin Dunbar
Bill Horne
02-13-2006 16:48:04
02-23-2006 08:46:01
02-14-2006 08:38:53
02-17-2006 15:39:50
02-16-2006 10:00:26
02-22-2006 18: 13:36
Cvndie Goudeau
Laura Lioowski
Garrv Brumback
Tina Wilson
RESOLUTION NO. 06-13
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA, AUTHORIZING THE CITY MANAGER TO
EXECUTE A STREETSCAPE MAINTENANCE
MEMORANDUM OF AGREEMENT WITH THE FLORIDA
DEPARTMENT OF TRANSPORTATION (FDOT),
PROVIDING AN EFFECTIVE DATE.
WHEREAS, State Road 60 (Memorial Causeway) serves as the major
thoroughfare to Clearwater Beach for residents and tourists daily; and
WHEREAS, FDOT owns State Road 60 right-of-way consisting of road
improvements, medians and grassed areas abutting thereon located between the east
entrance to the Memorial Causeway Bridge and 770 feet west of the Memorial
Causeway Bridge; and
WHEREAS, the City of Clearwater has maintained this portion of State Road 60
for over 30 years; and
WHEREAS, the City of Clearwater desires to further improve and beautify this
right-of-way; and
WHEREAS, the City Council desires to authorize the City Manager to execute a
Streetscape Maintenance Memorandum of Agreement in order to meet the City's long-
range goal of beautifying and maintaining the Memorial Causeway, now, therefore
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The Mayor and City Manager are hereby authorized to enter into a
Streetscape Maintenance Memorandum of Agreement with the Florida Department of
Transportation.
Section 2. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this
day of
,2006.
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Laura Lipowski
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Resolution No. 06-13
l<E '. PR-~
l;;l.b
MOA 01-03
STREETSCAPE MAINTENANCE MEMORANDUM OF AGREEMENT
THIS AGREEMENT, made and entered into as ofthe day of , 2006 , by and
between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, a component agency
of the State of Florida, hereinafter called the "Department" and City of Clearwater , a political
subdivision ofthe State of Florida, existing under the Laws of Florida, hereinafter called the "Local
Government" .
WITNESSETH
WHEREAS, the Department owns State Road -.2L right-of-way consisting of road
improvements and grassed areas abutting thereon located on Court Street west of Oak Avenue and
along the Memorial Causeway in the City of Clearwater in Pinellas County, Florida (the
"Project Highway"); and
WHEREAS, the Department has responsibility for operation and maintenance of the State
Highway System; and
WHEREAS, the Local Government is desirous of beautifying the Project Highway which
would improve and enhance its aesthetic quality; and
WHEREAS, the Department is authorized to contract with local governmental entities for the
performance of its duties where it can be documented that such entities can perform the duties more
cost effectively; and
WHEREAS, the parties hereto recognize the need for entering into an agreement designating
and setting forth the responsibilities of each party in maintaining the landscaping; and
WHEREAS, the Local Government by Resolution No. 06-13, a copy of which is attached
hereto as Exhibit "A", has authorized its officers to execute this agreement on its behalf.
NOW THEREFORE, for and in consideration of the mutual benefits that flow each to the
other, the parties covenant and agree as follows:
1. The Local Government shall install landscape, hardscape, fence gate, and relocation of shared
use trail and parking lot on those areas ofthe Project Highway as specified in the S.R. 60 Memorial
Causeway Landscape Plan and S.R. 60 Memorial Causeway Civil Site Plan prepared by W ade- Trim,
Inc. and Foundation Plans for Doughboy Sailor & Solider Statues, Flag Pole, Old & New Bridge
Dedication Plaques, Blue Star Sign and Spanish/American War Monument prepared by Fred S.
Cardwell attached hereto as Exhibit "B", all of which are hereby incorporated herein and made a part
hereof by this reference and all of the work in connection therewith being hereinafter referred to as
the "Project". As detailed construction plans are developed, they will be submitted for review and
approval by the Department and incorporated in this MOA as an amendment thereto. In no event
shall the Local Government change or deviate from the Project plans and specifications without prior
written approval of the Department.
All installations and construction performed pursuant to this Agreement shall be performed in
accordance with all applicable laws, rules, procedures and guidelines of the Department. Prior to
beginning any construction or installation, the Local Government shall verify with the Department
what the applicable requirements are. In the event that any installations are at any time determined
by the Department to not be in conformance with the applicable requirements, or are determined to
be interfering with the safe and efficient operation of any transportation facility, or are, otherwise,
determined to present a danger to public health, safety, or welfare, said installation shall be
immediately brought into departmental compliance at the sole cost and expense of the Local
Government. In the event that the Local Government fails to immediately remove such installations,
or in the event that an emergency exists, the Department, at its option, may proceed with removal of
such installations and charge the cost thereof to the Local Government.
2. The Local Government at all times shall maintain the Project in a reasonable manner and
with due care in accordance with Department guidelines and standards. Specifically, the Local
Government agrees to carry out the following maintenance responsibilities:
( a) routine maintenance as required to provide safe surface for pedestrians and motorists,
(b) repair or replacement of broken components,
The Local Government agrees to repair, remove or replace at its own expense all or part of
the Project that falls below Project standards caused by the Local Government's failure to maintain
the same in accordance with the provisions of this paragraph. In the event any part or parts of the
Project, including plants, have to be removed and replaced for whatever reason, they shall be
replaced by parts of the same grade, size and specification as provided in the original plans for the
Project.
3. Pursuant to Florida Statutes 129.07 for Counties, and 166.241 for Cities, the Local
Government's financial obligations under this agreement are subj ect to annual appropriation by the
Local Government. However, the Local Government does covenant to budget and appropriate from
legally available funds, after essential Local Government services have been budgeted and
appropriated, sufficient funds to satisfy its financial obligations under this agreement.
4. Construction and Maintenance of the Project shall be subject to periodic inspections by the
Department. In the event that any of the aforementioned responsibilities are not carried out or are
otherwise determined by the Department to not be in conformance with the applicable Project
-2-
standards, the Department, in addition to its right of termination under Paragraph 10, may at its
option perform any necessary maintenance without need of any prior notice and charge the cost
thereof to the Local Government.
5. The Department's Local Maintenance Office shall be notified forty-eight (48) hours in
advance of commencing any construction or maintenance activities. The Local Maintenance
Engineer with responsibility for the roadway within this Proj ect is Brian A. Bennett, P .E. located
at 5211 Ulmerton Road. Clearwater, FL 33760 , telephone number (727) 570-5101 .
6. The Local Government stipulates that they have submitted copies of the landscaping plans to
all utilities with facilities within the project limits for their review and comment. Any conflicts
and/or concerns raised by the utilities are to have been resolved by the Local Government prior to the
execution of this agreement. Letters to this effect from each utility are to be submitted
by the Local Government to the Department. Prior to commencing any field activities on this
project, the Local Government is to notify all the utilities oftheirwork schedule so that any affected
utilities can be field located and marked to avoid damage during construction.
7. The Local Government will comply with all Departmental Maintenance of Traffic
Regulations. All vehicles, equipment and personnel shall maintain a minimum of 15 feet clearance
from the edge of pavement. If the permittee desires to work closer to the edge of pavement that 15
feet or close a traffic lane, a Maintenance of Traffic plan must be submitted to the Local
Maintenance Engineer for approval prior to beginning construction and/or maintenance activities.
The permittee shall have Maintenance of Traffic certified personnel set up or supervise the set up and
operation of such Maintenance of Traffic devices at the project site.
8. The Department will require the Local Government to cease operations and remove all
personnel and equipment from the Department's right-of-way if any actions on the part ofthe Local
Government or representatives of the Local Government violate the conditions or intent of this
agreement as determined by the Department.
9. It is understood between the parties hereto that any or all of the Project may be removed,
relocated or adjusted at any time in the future as determined to be necessary by the Department in
order that the adjacent state road be widened, altered or otherwise changed to meet with the future
criteria or planning of the Department. The Local Government shall be given notice regarding such
removal, relocation or adjustment and shall be allowed sixty (60) calendar days to remove all or part
ofthe Proj ect at its own cost. After the sixty (60) calendar day removal period, the Department may
remove, relocate or adjust the Project as it deems best. Wherever the Local Government is entitled
to remove vegetation pursuant to this paragraph, the Local Government shall restore the surface of
the affected portion ofthe project premises to the same safe condition as it was before installation of
such vegetation. The restoration expected shall consists of grading and filling holes and indentations
-3-
caused by the aforesaid removal, as well as any seeding or sodding necessary to provide a grassed
area.
10. This Agreement may be terminated under anyone of the following conditions:
(a) By the Department, ifthe City fails to perform its maintenance responsibilities under
this Agreement, following fifteen working days written notice.
(b) By the City following sixty calendar day's written notice.
(c) By the Department following sixty calendar day's _ notice.
11. In the event this Agreement is terminated in accordance with 10(a) or 10(b) above, the
Department may, at its option, proceed as follows:
(a) Maintain the Project or a part thereof with Department forces or private contractors
and charge the City for the reasonable costs of such work; or
(b) Remove or restore the Project or a part thereof with Department forces or private
contractors and charge the City for the reasonable costs of such work.
In the event this Agreement is terminated in accordance with 1 O( c) above, the Department
may remove, relocate or adjust the Project, as it deems best.
12. To the extent provided by law, the City shall indemnify, defend, and hold harmless the
Department and all of its officers, agents and employees from any claim, loss, damages, cost, charge,
or expense arising out of any act, error, omission, or negligent act by the City, its agents, or
employees, during the performance ofthe Agreement, except that neither the City, its agents, or its
employees will be liable under this paragraph for any claim, loss, damage, cost, charge or expense
arising out of any act, error, omission, or negligent act by the Department or any of its officers,
agents, or employees during the performance of the Agreement.
When either party receives notice of a claim for damages that may have been caused by the
other party in the performance of services required under this Agreement, that party will immediately
forward the claim to the other party. Each party will evaluate the claim, and report its findings to
each other within fourteen (14) working days and jointly discuss options in defending the claim. A
party's failure to promptly notify the other of a claim will not act as a waiver of any right herein.
13. The Department's District Secretary shall decide all questions, difficulties, and disputes of
any nature whatsoever that may arise under or by reason of this Agreement, the prosecution, or
fulfillment of the service hereunder and the character, quality, amount, and value thereof; and his
decision upon all claims, questions, and disputes shall be final and conclusive upon the parties
hereto.
-4-
14. This Agreement embodies the entire agreement and understanding between the parties hereto
and there are no other agreements or understandings, oral or written, with reference to the subject
matter hereof that are not merged herein and superseded hereby.
15. This Agreement may not be assigned or transferred by the Local Government, in whole or in
part without consent of the Department.
16. This Agreement shall be governed by and construed in accordance with the laws ofthe State
of Florida.
17. All notices, demands, requests or other instruments shall be given by depositing the same in
the U.S. Mail, postage prepaid, registered or certified with return receipt requested, or by telex or
telegram:
(a) If to the Department, address to 11201 North Malcolm McKinley Drive, Tampa,
Florida 33612, or at such other address as the Department may from time to designate
by written notice to the Local Government; and
(b) Ifto the Local Government address to Michael D. Ouillen, P.E., City Engineer, City
of Clearwater, 100 S. Myrtle Avenue, Clearwater, FL 33758-4748 (phone 727-562-
4750) or at such other address as the Local Government from time designates by
written notice to the Department.
All time limits provided hereunder shall run from the date of receipt of all such notices,
demands requests and other instruments.
-5-
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
the day and year first above written.
City of Clearwater
a political subdivision of
the State of Florida
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
By:
By:
Name:
Its:
Donald Skelton, P .E.
District Secretary, District Seven
As to form:
Office of the General Counsel, District 7
Countersigned:
CITY OF CLEARWATER, FLORIDA
By:
Frank V. Hibbard
Mayor
William B. Horne
City Manager
Approved as to form:
Attest:
Laura Lipowski
Assistant Attorney
Cynthia E. Goudeau
City Clerk
-6-
ter
City Council
,"_,,,,~~!!~,!~~~I_~e_l!I~an~_u!,, ''''
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(d.7
Tracking Number: 1,914
Actual Date: 03/02/2006
Subiect / Recommendation:
Approve a ten-year agreement from April 1, 2006 - March 31, 2016, between the City of
Clearwater and the Fastpitch Learning Academy, Inc., for the use of certain City facilities at the
Eddie C. Moore Softball Complex (fields 8 and 9) and authorize the appropriate officials to execute
same. (consent)
Summarv:
On January 15, 2004 the City Council approved a similar agreement with Fastpitch Learning
Academy, Inc. (FPLA). However, due to increased construction costs the City was not able to
construct the two batting tunnels as outlined in the agreement. Therefore, the parties have
agreed to a mutual termination of the agreement and a new agreement is being proposed with
the same principals.
Under this agreement, FPLA will provide the following services:
a. Camps, clinics, lessons and rehabilitation training for fastpitch softball.
b. Make available to approved City co-sponsored groups training equipment, which belongs to
FPLA.
Under this agreement, the City will provide the following:
a. Lawn, landscape and ballfield maintenance for all areas within the complex.
b. Exclusive use of one batting tunnel and office space within the existing building as well as
scheduled use of one or both fields.
c. Maintenance for all major capital components of the building, to include air conditioners, roof,
plumbing, electrical, etc.
d. Construct a second batting tunnel on the east side of the complex by April 30,2007.
As part of this agreement, the City will receive 5% of all revenues collected from the programs
offered, as well as a $100,000 capital contribution. This will increase to 10% of all revenues upon
the completion of the east batting tunnel scheduled for completion by April 30, 2007.
If for some reason the City fails to have the east batting tunnel available to FPLA by April 30,
2007, FPLA shall have an option of terminating the agreement in its entirety with a full refund of
the capital contribution, or continue to operate under the terms of the agreement, with continued
use of the west batting tunnel, at which time the City shall reimburse FPLA $50,000, half of the
initial capital contribution.
No other in-kind services, supplies, labor, equipment, or funding, whether on loan or for
consumption, will be granted to the agency.
A capital improv
ement project 315-93252, E.C. Moore - East Batting Tunnel, will be established at mid-year to
fund the second batting tunnel in the amount of $225,000. The project will be funded from Penny
infrastructure dollars previously set aside to fund the Parks and Recreation Infrastructure Facility.
A copy of the agreement is available for review in the Official Records and Legislative Services
Department.
Originatino: Parks and Recreation
Section: Consent Agenda
City Council
__w~~_Q.~~a COY~!_,M_~m,QI~w~,~u nt,,,.,~_,w,,,~___,~,w..,.,_w,,w,,__., '"
Cateaorv: Agreements/Contracts - without cost
Number of Hard Copies attached: 0
Public Hearing: No
Financial Information:
Review Approval
Kevin Dunbar 02-09-2006 11:44:39
Cvndie Goudeau 02-23-2006 08:50:42
Sue Diana 02-24-2006 09:05:54
Laura Lioowski 02-10-2006 09:48:22
Garrv Brumback 02-23-2006 15:36:59
Tina Wilson 02-23-2006 08:03: 16
Bill Horne 02-23-2006 21:20:55
~'. p~- \
Id.l
AMENDED AND RESTATED AGREEMENT
This Partnership and Operational Support Agreement is made and entered into between the City of
Clearwater, whose address is: Attn: Parks and Recreation Director, P. O. Box 4748, Clearwater, FL,
33758-4748, hereinafter referred to as the "City", and Fastpitch Learning Academy, Inc., a Florida
Corporation, whose address is: Attn: David Hazzard, P.O. Box 6107, Palm Harbor, FL, 34684,
hereinafter referred to as the "Agency" (individually referred to herein as "Party" or collectively as
the "Parties").
WHEREAS, the Parties hereto entered into that certain Partnership and Operational Support
Agreement dated February 1, 2004, which is hereby amended and restated in total by the terms and
conditions provided for hereunder, and all obligations of the Parties thereunder shall be relieved;
and
WHEREAS, it has been determined to be highly desirable to provide softball training activities to
participants in the greater Clearwater area; and
WHEREAS, the City desires to provide recreation programs and athletic activities as a means to
help young people, adults and families; and
WHEREAS, the City has recently constructed a softball playing and training facility at Eddie C.
Moore 8 & 9 Complex and desires to offer training programs at the Complex; and
WHEREAS, the Agency desires to partner with the City in providing training programs; and
WHEREAS, the City owns Eddie C. Moore 8 & 9 Complex, hereinafter referred to as the
Complex, located at 2780 Drew Street, Clearwater, FL, 33759; and
NOW, THERFORE, the parties agree as follows:
The foregoing recitals are true and correct and are incorporated in and form a part of this
Agreement.
ARTICLE I. TERM
The term of this agreement shall be for a period of ten (10) years commencing on the 13th day of
March, 2006 ("Commencement Date") and continuing through the 12th day of March, 2016
("Termination Date") unless earlier terminated under the terms of this agreement.
ARTICLE II. RESPONSIBILITIES OF THE AGENCY
1) Services to be Provided: One of the Agency's goals shall be to provide quality training
programs and to increase the number of programs and services provided at the Complex.
a) Programs: Exclusive operator to conduct camps, lessons, training, recreational and
motivational programs at the Complex for the benefit of Clearwater area participants.
Some of the core programs to be provided are as follows:
i) Summer softball camps
----------]
ii) Holiday softball camps
iii) Softball clinics
iv) Private softball lessons
v) Semi-private softball lessons
vi) Group softball lessons
vii) Rehabilitation training
viii) College and recreational softball tournaments
b) Assistance to the City: Provide Agency personnel and volunteers to assist the City in
maintaining and monitoring the grounds and facilities used by the Agency as to maintain
the grounds to the standard existing at the inception of this Agreement and avoid waste
therein.
c) Supervision of Recreation Grounds: Provide Agency personnel and volunteers to
operate and supervise all Agency activities, programs and camps at the Complex.
d) Modifications: Any modifications or improvements to the facility must be approved in
advance by the Parks and Recreation Director and shall become the property of the City
in their entirety.
e) Background Checks: All Agency employees must have background checks and those
records maintained by the Agency.
f) Youth Sports Standards: The Agency agrees to promote the National Alliance of
Youth Sports Standards.
2) Use of Eddie C. Moore 8 & 9 Complex:
a) Use of Batting Tunnel, Fields and Office Space. Until such time as the East Batting
Tunnel is completed and available for use, the agency will have exclusive use of the West
Batting Tunnel and the office at all times. The Agency may also request use of the bullpens
and fields 8 & 9 upon approval by the City. Upon completion of the East Batting Tunnel,
the Agency will no longer have exclusive use of the West Batting Tunnel, and shall request
and receive approval from the City before using the West Batting Tunnel. The Agency
understands that the East Batting Tunnel will not be completed at the inception of this
Agreement, the tentative date for completion being April 30, 2007 (the "Target Date"). If
the East Batting Tunnel is not completed by the Target Date, the parties agree that the
Capital Contribution and fees to be paid by the Agency hereunder shall be paid in
accordance with Section 4 of Article II ofthis Agreement.
b) No Illegal Use. The Agency promises and agrees that they will make or allow no unlawful,
improper or offensive use of the premises. Further, the Agency understands and agrees that
this provision specifically prohibits, among other acts, the sale, consumption or use of
alcoholic beverages or controlled substances anywhere in, on or around the Complex and
those adjacent areas used by the Agency.
c) Rules for Use. Rules and regulations governing the use of the Complex for the programs as
outlined in Section 1 a of Article II may be established by the Agency, providing they are not
in conflict or inconsistent with the ordinances, policies or operating rules of the City or of
this Agreement. Such rules and regulations developed by this Agency may provide for and
allow reasonable user fees.
d) Inspection by City. The Agency understands and agrees that the Complex premises may be
entered and inspected at any time by the City's officers, agents and employees, as long as the
City provides twenty-four (24) hour notice and such inspections do not unreasonably
interfere with the Agency's operation or events.
e) General Adherence to City Ordinances. Notwithstanding any limitations implied by the
provisions above, the Agency promises to observe all City ordinances.
f) Signage. The Agency may place an identification sign in the Complex, at the Agency's
expense, according to City codes with approval from the City.
g) Co-Sponsored Groups. Use by Co-sponsored groups shall be scheduled by the City, in its
sole discretion. A Co-sponsored group is defined as a fast pitch softball program with a
current approved Co-sponsored Agreement with the City.
h) City Related Use. The City reserves the right to utilize the facility for City use and
tournaments.
i) Equipment. Training equipment (i.e. pitching machines, batting tees, etc.) provided by the
Agency may be made available to the Co-sponsored groups with prior approval of the
Agency and the City. Co-sponsored groups will be responsible for any damage and
repair/replacement of equipment. In no case will they be permitted to use any unauthorized
equipment.
3) Maintenance of the Premises by the Agency:
a) Custodial Maintenance. The Agency shall assist the City in maintaining the areas used by
the Agency in a clean and orderly condition up to the standards of other City athletic
facilities.
b) Repair of Damage. The Agency understands and agrees that it is responsible for and will
cause to be repaired, at the Agency's expense, damage to the premises other than normal
wear and tear or vandalism.
4) Payment of Fees and Taxes: The Agency shall obtain all required licenses at its own expense
and shall pay all required taxes necessary to the Agency's operation at the Complex. The
Agency will pay the City five percent (5%) of all gross revenues generated at the Complex and
provide a one-time capital contribution of One Hundred Thousand Dollars ($100,000.00) at the
inception of this Agreement (the "Capital Contribution"). Upon completion of the East Batting
Tunnel, the above referenced five percent (5%) gross revenue payment will increase to ten
percent (10%). If for some reason the City fails to have the east batting tunnel available to
Agency by April 30, 2007 ("Target Date"), Agency shall have the option of terminating the
agreement in its entirety with a full refund of the capital contribution, or continue to operate
under the terms of the agreement, with continued use of the west batting tunnel, at which time
the City shall reimburse Agency Fifty Thousand Dollars ($50,000), half of the initial capital
contribution.
5) Scheduled Reports of Agency Activities:
a) The Agency shall furnish the City Parks and Recreation Department with an audited annual
report of activities conducted under the provisions of this agreement within sixty (60) days
of the end of the Agency's fiscal year. Each report is to identify the number of clients
served, the type of activities, programs offered and costs of such services.
b) The Agency agrees to submit progress reports and other information in such format and at
such times as may be prescribed by the City, and to cooperate in site visits and other on-site
monitoring (including, but not limited to, access to sites, staff, fiscal and client records, and
logs and the provision of related information).
6) Creation, Use, and Maintenance of Financial Records:
a) Creation of Records: Agency shall create and maintain financial and accounting records,
books, documents, policies, practices, procedures and any information necessary to reflect
fully the financial activities of the Agency. Such records shall be available and accessible at
all times for inspection, review, or audit by authorized City representatives.
b) Use of Records: Agency shall produce such reports and analyses that may be required by
the City to document the proper and prudent stewardship and use of the facilities.
c) Maintenance of Records: All records created hereby are to be retained and maintained for
a period of not less than five (5) years and shall be disclosed in accordance with Florida
Publics Record law, Chapter 119 of the Florida Statutes.
7) Non-discrimination: Notwithstanding any other provisions of this Agreement during the term
of this Agreement, the Agency for itself, agents and representatives, as part of the consideration
for this Agreement, does covenant and agree that:
a) Nondiscrimination: Agency agrees that no person shall, on the grounds of race, sex,
handicap, national origin, religion, marital status or political belief, be excluded from
participation in, denied the benefit(s) of, or be otherwise discriminated against as an
employee, volunteer, or client of the provider, except that programs may designate services
for specific client groups as defined in the application. Agency agrees to maintain reasonable
access to handicapped persons.
b) Inclusion in Subcontracts: The Agency agrees to include the requirement to adhere to Title
VI and Title VII ofthe Civil Rights Act of 1964 in all approved sub-contracts.
c) Breach of Nondiscrimination Covenants: In the event of conclusive evidence of a breach
of any of the above non-discrimination covenants, the City shall have the right to terminate
this Agreement.
8) Publicizing of City Support: Agency agrees to utilize every reasonable opportunity to
publicize the support received from the City. Agency further agrees to supply City, up to three
copies of any publication developed in connection with implementation of programs addressed
by this Agreement. Such publications will state that the program is supported by the City.
9) Liability and Indemnification: The Agency shall act as an independent contractor and agrees
to assume all risks of providing the program activities and services herein agreed and all liability
therefore, and shall defend, indemnify, and hold harmless the City, its officers, agents, and
employees from and against any and all claims of loss, liability, and damages of whatever
nature, to persons and property, including, without limiting the generality of the foregoing, death
of any person and loss of the use of any property, except claims arising from the negligence or
willful misconduct of the City or City's agents or employees. This includes, but is not limited to
matters arising out of or claimed to have been caused by or in any manner related to the
Agency's activities or those of any approved or unapproved invitee, contractor, subcontractor, or
other person approved, authorized, or permitted by the Agency in or about its premises whether
or not based on negligence.
10) Insurance. The Agency shall procure at its expense and maintain during the term of this
Agreement insurance as shown below:
a) A Comprehensive General Liability policy covering claims for injuries to persons or damage
to property, which may arise from or in connection with use of the facility premises by the
Agency including all activities occurring thereon.
b) A Business Automobile Liability Policy covering claims for injuries to persons or damage to
property that arises from or in connection with use of a motor vehicle owned by the Agency.
c) Insurance procured in accordance with sections 10 (a) and (b) shall have minimum coverage
limits of$l,OOO,OOO.
d) The Agency shall carry sufficient property insurance to cover all of its personal property. In
no case shall the City be responsible for any loss of property of the Agency or occupants of
the facility as a result of the Agency's use hereunder.
e) Worker's Compensation coverage shall apply for all employees in an amount at least equal
to the statutory limits of coverage according to applicable State and Federal laws. In
addition, the policy shall include employer's liability coverage with a limit of $500,000 per
occurrence.
f) Except for Worker's Compensation coverage, each insurance policy issued as a requirement
of this Agreement shall name the City of Clearwater as an additional named insured. The
coverage shall contain no special limitations on the scope of protection afforded to the City,
its officials, employees, agents or volunteers.
g) The Agency shall furnish the City with Certificate(s) of Insurance with all endorsements
affecting coverage required by this section. These forms shall be received and approved by
the City's Risk Manager before execution of this Agreement by authorized City officials.
11) Assignability. This Agreement is not assignable.
ARTICLE III. RESPONSIBILITIES OF THE CITY
1. Grant of Funds. Other than as provided for herein, it is not intended that the City make any
monetary contribution or other contribution to the Agency or the operations ofthe programs.
2. Grant of In-Kind Services:
a) The City agrees to provide lawn, landscape, custodial and ballfield maintenance for
all areas in the park and around the building. Additional ballfield maintenance above
the normal level typically provided by the City must be requested in advance and
approved by the City. Such approval shall not be unreasonably withheld.
b) The City will provide maintenance for all major capital components of the building
including, but not limited to: air conditioners, roof, painting, plumbing and electrical.
c) The City will not provide any other additional in kind services, supplies, labor or
equipment whether on loan or for consumption to the Agency.
ARTICLE IV. DISCLAIMER OF WARRANTIES
This Agreement constitutes the entire Agreement of the parties on the subject hereof and may not be
changed, modified, or discharged except by written Amendment duly executed by both parties. No
representations or warranties by either party shall be binding unless expressed herein or in a duly
executed Amendment hereof.
ARTICLE V. TERMINATION
1. For Cause: Failure to adhere to any of the provisions of this agreement as determined by
the City shall constitute a breach hereunder and constitute cause for termination. Upon such
breach, the agreement may by terminated with Thirty (30) days written notice without any
further obligation by City.
2. For Municipal Purpose: This Agreement shall be subject to termination by City in the
event the City determines that the premises are required for other municipal purposes. In
such event, City shall provide Agency with Ninety (90) days written notice of such intended
use, following which this Agreement shall terminate in every respect, and both parties shall
be relieved of any further obligations hereunder. Upon said termination the pro-rata amount
ofthe capital contribution shall be paid by the City.
ARTICLE VI. NOTICE
Any notice required or permitted to be given by the provisions of this Agreement shall be
conclusively deemed to have been received by a party hereto on the date it is hand-delivered to such
party at the address indicated below (or at such other address as such party shall specify to the other
party in writing), or if sent by registered or certified mail (postage prepaid), on the fifth (5th)
business day after the day on which such notice is mailed and properly addressed.
1. If to City, addressed to Parks and Recreation Director, P.O. Box 4748, Clearwater, FL,
33758.
2. Ifto Agency, addressed to David Hazzard, P.O. Box 6107, Palm Harbor, FL, 34684.
ARTICLE VII. EFFECTIVE DATE
The effective date of this Agreement shall be as of the
day of
,2006.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals this _day of
,20_.
Countersigned:
CITY OF CLEARWATER, FLORIDA
By:
Frank V. Hibbard
Mayor
William B. Horne II
City Manager
Approved as to form:
Attest:
Laura Lipowski
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
F ASTPITCH LEARNING ACADEMY, INe.
By:
Alanna Hazzard
President
~.~
c>~ Anenda Cover Memorandum
__",."""iiil!,,,,__,,,,,,,,,,,_ , . . ..=",',""",',"'''''=''''''',''
City Council
(An--\
!d.8
Tracking Number: 1,934
Actual Date: 03/02/2006
Subject / Recommendation:
Adopt Resolution 06-16, authorizing City Manager William Horne, and naming Emergency
Manager William Vola as alternate authority, to execute requests for State and Federal Disaster
preparedness, planning, response, and recovery funds, grants, and reimbursements.
Summary:
State and federal emergency management and homeland security agencies require that disaster
relief or grant applications be executed with prior City Council authority.
In the past, Staff initially brought each of these before council individually. In 2004, Staff
batched together all of the hurricane reimbursement applications into a single resolution. More
recently, the rate of hurricanes and other disaster events have increased dramatically.
Additionally, the City Staff has been increasing the frequency and number of State and federal
disaster planning and preparedness grant application submittals, each of which also requires
authorized signature.
Since the City Council authorization of each of these applications is largely ministerial in nature,
Staff would like the Council's consideration to authorize the City Manager and Emergency
Manager to execute these applications for disaster and homeland security funds.
The Resolution will authorize the City Manager, with the Emergency Manager as authorized
alternate, to execute disaster reimbursement and planning or preparedness grant applications
on their signature.
Originating: City Manager
Section Other items on City Manager Reports
Category: Other
Public Hearing: No
Financial Information:
~ Other
Bid Required? No
Bid Exceptions:
Other
Other Contract?
N/A
In Current Year Budget?
No
~~
o~
Budget Adjustment:
No
Current Year Cost:
$0.00
Annual Operating Cost:
$0.00
Total Cost:
$0.00
Not to Exceed:
$0.00
Review Approval
Garrv Brumback
Bill Horne
Rob Surette
Cyndie Goudeau
City Council
~1",~nda C.!;!.~er Memorand,,~~m
02-16-2006 08:08:02
02-16-2006 16:46:43
02-15-2006 12:57: 11
02-17-2006 10:05:53
RESOLUTION NO. 06-16
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA, AUTHORIZING THE CITY MANAGER AS
PRIMARY AGENT, AND AUTHORIZING' THE
EMERGENCY MANAGER AS THE ALTERNATE AGENT,
TO EXECUTE REQUESTS FOR PUBLIC ASSISTANCE
GRANTS OR OTHER FUNDS IN PREPARATION FOR OR
CONSEQUENT FROM ANY DISASTER EVENT, MADE
AVAILABLE TO MUNICIPALITIES FROM THE STATE OF
FLORIDA, FROM THE FEDERAL EMERGENCY
MANAGEMENT AGENCY, OR FROM THE UNITED
STATES DEPARTMENT OF HOMELAND SECURITY;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Clearwater is vulnerable to and at risk for damages from
hurricanes and other disaster events, both natural and-made; and
WHEREAS, a FEMA-State Agreement exists between the State of Florida and
the Department of Homeland Security and the Federal Emergency Management
Agency governing the use of disaster preparedness, mitigation, or reimbursement
funds, requiring the State to share the costs eligible for federal financial assistance, and
the state has undertaken to share those costs, as appropriated, with its Subgrantees,
the Political Subdivisions of the State, pursuant to a Grant Application or Disaster Relief
Funding Agreement; and
WHEREAS, the State of Florida, the Department of Homeland Security, and the
Federal Emergency Management Agency all require that the
municipalities/Subgrantees execute formal agreements with them, a provision of which
requires the City Council to designate a Primary Agent and an Alternate Agent to
execute requests for advance funding, reimbursements, certifications, applications, and
other necessary documentation on its behalf; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER,
FLORI DA:
Section 1. The City Manager is hereby designated as the primary agent and
the Emergency Manager is hereby designated as the alternate agent to execute any
Request for Advance Funding or Reimbursement for Public Assistance Funds, Grant
Applications, or other similar documents made available to municipalities in preparation
to or consequent from the damages and losses sustained as a result of disaster events,
of natural or man-made origin.
Section 2. This resolution shall take effect immediately upon adoption.
Resolution No. 06-16
1____
PASSED AND ADOPTED this
Approved as to form:
Rob Surette
Assistant City Attorney
day of
,2006.
Frank V. Hibbard
Mayor
Attest:
Cynthia E. Goudeau
City Clerk
2
Resolution No. 06-16
~-atet
u~
City Council
__'_'''m~~~a ~~~er M_!...!!!,~,r!,!!.dum
Tracking Number: 1,964
Actual Date: 03/02/2006
Subject / Recommendation:
Appoint one member to the Community Development Board with the term expiring on February
28, 2010.
Summary:
See Attached list of applicants for the Community Development Board.
Originating: Official Rec and Legislative Svc
Section Other items on City Manager Reports
Category: Other
Number of Hard Copies attached: 0
Public Hearing: No
Financial Information:
~ Other
Review Approval
Cvndie Goudeau
02-28-2006
08:43:38
ld.q
BOARD: Community Development Board
TERM: 4 years
APPOINTED BY: City Council
FINANCIAL DISCLOSURE: Yes
RESIDENCY REQUIREMENT: City of Clearwater
SPECIAL QUALIFICATIONS: board shall include members qualified and
experienced in the fields of architecture, planning, landscape architecture,
engineering, construction, planning & land use law and real estate
MEMBERS: 7 & 1 alternate
CHAIRPERSON: David Gildersleeve
MEETING DATES: 3rd Tues., 1 :00 p.m.
PLACE: Council Chambers
APPTS. NEEDED: 1
THE FOLLOWING ADVISORY BOARD MEMBER(S) HAVE TERMS WHICH
EXPIRE AND NOW REQUIRE EITHER REAPPOINTMENT FOR A NEW TERM
OR REPLACEMENT BY A NEW APPOINTEE.
1. Alex Plisko - 706 Oak Ave., 33756 - Original Appointment 2/18/1999
Ending 2nd Term
THE FOLLOWING NAMES ARE BEING SUBMITTED FOR CONSIDERATION
TO FILL THE ABOVE VACANCIES:
1. Daniel Dennehy - 1815 N. Ft. Harrison Ave., 33755 - Real Estate
Development
(Currently serving on this board as Alternate - Term Expires 04/30/06)
2. Richard Adelson - 2670 Red Oak Ct., 33761 - Architect
3. Jordan Behar - 2657 Augusta Dr. S., 33761 - Architecture, pursuing licensure
4. Norma R. Carlough - 1756 Ashton Abbey Rd, 33755 - Retired/Business Mgt.
(Yes to alternate seat)
5. Robert P. Fernandez - 301 N. Hillcrest Drive, 33755 - Retired Vice President
Operations
(Yes to alternate seat)
6. Rita Garvey - 1550 Ridgewood St., 33755 - Former Mayor
(Yes to alternate seat)
7. Aaron D. Greenberg -142 Bayside Drive, Clearwater Beach, FL 33767-
Zoning Attorney & Developer
(Yes to alternate seat)
8. Douglas L. Hilkert - 1515 Midnight Pass Way, 33765 - Attorney
(No to alternate seat) - No Board Questionnaire Included with Application
9. William L. Johnson - 479 East Shore Dr., #1,33767 - Real Estate
(Yes to alternate seat)
10. William P. Kirbas - 34 Bohenia Cir., N., 33767 - past member Parks &
Recreation Board/Financial Advisor
(Yes to alternate seat)
11. Bob Luna - 774 Snug Island, Island Estates, 33767 - Bus. Adm. &
Management
(Yes to alternate seat)
12. William J. McCann, PE - 1563 Turner St., 33756 - Professional Engineer &
Planner
(Yes to alternate seat)
13. Gerald L. Schauer - 2958 Somersworth Drive, 33761 - Semi-Retired/Banking
(Yes to alternate seat)
14. Christine Travis - 1216 Bermuda St., 33755 - Landscaping/Bachelor in
Political Science
(Yes to alternate seat)
15. Shawn Yang - 1466 Rosetree Ct., 33764 - Real Estate Agent
Zip codes of current members:
4 at 33755
3 at 33759
1 at 33767
Name:
RECEIVED
DEe 02 2003
CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS
(must be Clearwater resident) OFFICIAL RECORDS AND
" lEGISLATIVE SRVCS OEPT
0~N\a. \-.Je~~\
Home Address:
\~1-<;"" E O~ G'",-_)ff"re<L
C-W;~f\w^ta
Telephone: 1.1'0. 4400
How long a resident of Clearwater? 4 ~L<;
Occupation: No-r~ O'NNe~
Field of Education:
E:>S It-.> t\~'1~(,IUl\-e - NV'vJ YOlk.
\ NSlI\\Ke- (k I6'"W~Oc..~
\t1) <{J - \OJ 9J-e,
tJ,U \A:
Zip ~~ lSS'
Office Address:
~I"I E
Zip
Telephone: 44:\. ,1-~s-
Employer: 'Sc-\....~
Other Work Experience:
~ ~1~ ~ f--'\A~~t>M~
Ar--O l)..~~flPM~
If retired, former occupation:
Community Activities: 04A\f\...M.,~ ~ 'kxb Cu.~~..,ct\- ~I~) M~bJL ~ L,.c,\ON'R.-
Ck\~""'b~ o~ Cr""",,M~ ,~()\Jl'-lO~ $ U~~ 4 (L PlDG,IVlrl'A
Other Interests: t-x-J!\M) H~h..~ (J~ Y'e ~~I\c... ~rl.Rvvr; ~ Tl.fe-- ~o, ~t\1\..r-1.A
Board Service (current and past): Board Preference:
'LaJ~ CuA.:rr~_ ~OJ\) C.OMMrv\7\') - C D n
WA\\\"~~
Additional Comments:
" ~
sgn~ ~~
"
Date:
11. \J 0"')
See attached list for boards that require Financial Disclosure at time of appointment. Please return
this application and board questionnaire to: Official Records & Legislative Services, P. O. Box 4748,
Clearwater, FL 33758-4748 or drop off at City Hall, 2nd Floor, 112 S. Osceola Avenue.
BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and responsibilities?
'\l-le CD~ IS Q.eC:;p(l~lbu1 l=oL WV\~ ~ f\fPQ.ovro-
cJt:. ~UJ '20N\~'1 AM) tAr-...() the I?SUes \(.Nq '5\~ o...oCO"^' Ml}N()<)
Al..c ~ ltrt I r-.) COM PU/-i,..,.)c:..JJ vurru C\. )Q...'Ar~ \Z.G(iV\..^'-(\()N"=>
2. Have you ever observed a board meeting either in person or on C-View, the
City's TV station?
Ve:;
I .
3. What background and/or qualifications do you have that you feel would qualify
you to serve on this Board?
\ Ox c..e\ Vt;{J A ~ ~fLte II'--) AJ\...Uu. q-t;~l' IIL..C A:N() H/NIj
~Q..l....~ F'OL YFiM~ Jo,<, ^c...> ""'n...w~ ~ '5~ ~~tV~ ~~ \ A~
MAt\. )~c,\iiL ~ IevG\.-upcQ... \ A.M A.\. ~ A LAND P.+....o
.
~'0SJ "->~<:::> o~--Q.... I~ IUf:; C."1'T Ot: Cl.... eA~,.....) P\"i,,"-lL .
4. Why do you want to serve on this Board?
\ \bF."L'P.V~ -ru,f'.:l" Cl-e'A;(\'N~ \<:, ON A f?K7\Jt t~
c;llo\.NlU ~ IM~()..d\J\sV\~. 0\:= ll-eAL.., ~11'<\~ \ )^'v~~ A,..JO
\ L...>OV'v~ L,..\\.Lt \D lA~~ l:Z~~",? ~ P\!U CL-l'JAlL
Ar-..t\ Cot...:b\"Sl~ ~h\.\ -tt.46 G,ofo......,<:' ot= oulL CO~M\llV~1
Nam~ ANI~""L. ~e.--t-J"L>~
Board Name: C. 'D \J:)
CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS
(must be Clearwater resident)
Name: ,el(;~fZ..D AJ'eu;I1?J
Home Address:
~'10 ~e.P GN~ c.T
~1...6f1Utl'(ieJ.- FL ZiD mil
Telephone: 7Z7 - 7q~ - 6101. "
How long a resident of Clearwater? Z 7 r~
Occupation:~u.w rTeet
Field of Education:
_~~ AU.I' eN/;.
Office Address:
SAJtt 6
Zip
Telephone:
Employer:).~~5DN" f ~ "/10 t-
Other Work Experience:
If retired, former occupation:
Community Activities:
Other Interests:
Board Service (current and past): Board Preference:
..M"",'t;.Jf'A~ Co1:l6 etJF'~ 'fp c"JMWlIJIJ 11 0E1IELoP~~ 8:M)w
Additional Comments:
Signed: ~ ~
Date: ~/z.~ JP",
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 337584748, or drop off your application at City Hall, 2nd Floor, 112 S.
Osceola Avenue.
RECEIVED
~.-l 27 2005
-OFFICIAL RECORDS AND
LEGISLATIVE SRVCS DEPT
BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and responsibilities?
.l4ll'PLV .44A1TY6 rt..~)/' or, -ptA""'1tJ~ i ~~IIf6I1T. Gqp~/AI!ft$
PUJUL. w:..1I'ts.'.. ~~II(."G PI!~JCJi UII'~ .1I"'JJIr~ H~,P.JC-
~
A ""Ll~"t1.DN . ~Ct# ~u'n# f,~ ~ ~ rJ.Al.1 ~~ y JeI&Z4NI/IIIt(S
2. Have you ever observed a board meeting either in person or on C-View, the
.. City's TV station?
tf~ ..
3. What background and/or qualifications do you have that you feel would
qualify you to serve on this Board?
!5 G y,,1
of. ,(~tt ,"diV""" ~eTl,*
4. .Why do you want to serve on this Board?
10- I16LP fJIIAf'.15 ~ ~...rt1"'N't'1f Z t-t1N II'l-
I
Name:
. Board Name:
CITY OF CLEARWATER - APPLICATION FOR ADVISORY BcR(QEIVED
(must be Clearwater resident) P::J 22 2005
Name: :S-~r~V"\ ~L~tl.. r
Home Address:
~:=;w~~~~!:?r. ~33?L(
Telephone: "7:;'7' ,~~ ~ 000 ~~ Telephone: ? )., 7,. 'i 0 ~ ,. ~ '19/
How long areside~l of clearwater??-,^' : ~~"'P'A k ) [..In, [oe "l 'i j ~<N"S 'J "
. Occupation:AJ,. J~,~'P-"5cJ;:' 'ilP ---S (to. Employer]) (i...., y~.:r (,., LIlt. ~ *'
Field of Education: . J . Other Work Experience:
..t\(r1,J-el:.k(,,- I ~~'~Ij'" ~~ry> E~~t\~ 2002-
o."ol.LlIIa..,,:J?\,,-nl\'.:J 1".-: - ~i - -~~~lm-~
. --V .~ . ~ . s krc.,^\ ~ c ~ \ ~ q L. \ q 't ~
If retired, former occupation: ~ I . A ... .
Community Activ~ies: t\ 0<,\ ..QUl~"'" ~Ss~< /," \ ~ (' "~. s ~ S(,,: i,J. ~MJ S..nI;"~ -
~~UI ,~~cpC.Li1' Yov~~U~~(p <jO~/t!.-~
Other Interests: . .
Office Address:
omcw.~.At'!UJ
lEGBA1JVE SRVCS OEPf
;C~~,.~~~:1--- ?~
~
. Zip .~J?~/
Board Service (current and past):
Board Prefe~ce:
loMMU(\; })Wr../OPM!nJ- hi)Qrc(
Additional Comments:
Signed:~
Date:
2- ~ oc.
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.
BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and responsibilities?
(;t~~~~\~ ~~;:Q~:~~n;~~~:~~t~
\"~~,, 1t,\1t.S, ~,~ \=\~~t5 ~-{<.i:f 't, ~{'\I<.\O~ fLU\(lJ's
o...",J. ~ \)~\~c \-\fU'\('.:jS. .
2. Have you ever observed a board meeting either in person or on C-View, the
City's TV station?
y~ c." '^ ~"I'~H"\ c;L./'\ J. G"'- t c..te. u lS,' 0 ""
.. .;." ..... p --
0\"'- t....4 ~O' cU J- ~
4. Why do you want to serve on this Board?
· ~~'> \~ ~t l'.2!l!~'''W'~ ~L\......~ ~brl\ ll.~cI. ~u<-
.. ~ ~I! { A,)((\{J...)", {oJ.~<-.....~ ~ ......"'~ . l wo.1"L \L .\.,
'ot. ~ ,?OS\.-"~ s;:',,. <<.. \1\, ~?:J \\-... ~)j 0...,'J.- j{O.,:)S .
Name: ~o,.\. It" ~~.(. "- P--. ( .
Board Name: C ON\. '" v!>' j "S)u..laplV\ t....... \. ])0.... to{
If retired, former occupation:
Community Activities: [ .
CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS
dmust be Clearwater resident) RECEIVED
K. C~ (_0 L~ C' 1+ AUD 2 tfh
. /'\/" 2 2uu4
11 _ Office Address:
f1l5 BE.. y fD OFFICIAl. RECORDS AND
liG'SLAT~'! SRVl;S DEPT
CL(:Itt>LUlt-Tf J< zio-33/~~/ Zio
Telephone: <r <../ c3 \ 3 b 3 0 Telephone:
How long a resid,t of Clearwater? .3 '3 Y R .r
Occupation: i:.. k:. ( I /!. f-.b
Field of Education:
BUs! AJE S~ file r
Name: fJ of-m t4
Home Address:/) __
17 c;G /~HTOIV
Board Service (current and past):
[t9b
Board Preference:
Qb.f3
I N TiLts T!:-b I AJ fltf>c ~/ (~c; kjJ( (j)/5 '
@ffA-j. C f IvG f A..-G 0 ftJo t2 7VA/ / ry
Date: l{, ~ I. () Y
See attached list for boards that require Financial Disclosure at time of appointment. Please return
this application and board questionnaire to: Official Records & Legislative Services, P. O. Box 4748,
Clearwater, FL 33758-4748 or drop off at City Hall, 2nd Floor, 112 S. Osceola Avenue.
BOARD QUESTIONNAIRE
2. ; Have you ever observed a board meeting either in person or on C-View, the
Ch~tatiOn?
. ~ ~-f-~ .hV/llfu, ~ ~~.
~QGJlO CoB /1vJQ...(~'" Or--- Q -UI.eW,
( ,
3. What background and/or qualifications do you have that you feel would qualify
you to serve on this Board?
I ~
~ ~c j ~. '1~) ~ k /a .~'C~ 10
~ C~~ ~ ~ ~j \~)~ f~ f "11Ulrl')
Lom..l J slu-& ~~ ~ \;::~ s~\.u~, F-(k~tc>-", '~~'-SL~
'3 3 ~ S ~ ~f b, W :: G'NJ,,^-\L~ ~\" ~ ~'<-k:\\ -\"
~~k r'~ J~.
4.. Why do you want to servo on this Boa,~? Q i'
~.. ~~ ~ ~ lHl~L~r
.
1. What is your understanding of the board's duties and res nsibilities?
~ . U}~j ,-Iv " .~~(ltM\.\LJ-
W~ ~. Ci~ L() ~Q. tJ~\lLl.R-~L~ ~
. I -tv ~ ~ 5:' ~~t\'-c
ch1c .
Name: ~ OJ?m {} P eM.. UmG 1+
Board Name: Q D 8
,.!
RECEIVED
CITY OF CLEARWATER - APPLICATION FOR ADVISOR)OD~
(must be Clearwater resident)
OFFiI;f,I\.L f<ECO;~DS AND
I.EGi:',:LATNE SRVCS DEP't
Name: Robert P. Fernandez
. Home Address:
301 N. Hillcrest Drive
Clearwater. FL Zip 33755
Telephone: (27) 461-7674
How long a resident of Clearwater? _21 yrs.
Occupation: Retired
Field of Education:
Hillh School. and courses at Niallara Commun.
College and Bryant & Stratton Business
Colleae
Office Address:
Zip
Telephone:
Employer:
Other Work Experience:
Consultant in establishinll community
markets in the state. Worked with
develooers in establishinll sites for retail
locations while employed with a maior
corooration before retirement.
If retired, former occupation: Vice President Ooerations. Convenient Food Mart stores
Community Activities: Volunteer Friends of the Library book store: General Manaszer of
Downtown Clearwater Farmer's Market
. Clearwater Main Street Joint Venture active member. RelZularlyattend
state quarterly meetings.
Other Interest:
Board Service (current and past):
Downtown Development Board current
City Desil?D Review Committee oast
Enterprize Zone board current
Jollev Trolley Board Member current
DirectorFl. Assoc. of Community Farmer's
Markets
Board Preference:
Community Development Board
Additional Comments: Active oarticioant and event planner in Clearwater community
Si~~-4" Date: #(';t ~ .t2f-
See attached list for the boards that require Financial Disclosure at time of appointment. Please
return this application & board questionnaire for each board listed to: City Clerk's Department,
P.O. Box 4748, Clearwater, FL 33758-4748 or drop off at City Hall, 2nd Floor, 112 S. Osceola
Avenue
~.
BOARD QUESTIONAlRE
1. What is your understanding of the board's duties and responsibilities?
Familiarity with development and zoning requests as well as land use plan changes and rezoning,
Also serves as a member of local planninrz agency.
2. Have you ever observed a board meeting either in person or on C- View, the City's TV station?
Yes - C- View and in oorson.
3. ,What back-ground and/or qualifications do you have that you feel would qualify you to serve on
this Board?
Knowledge of city and Clearwater's Visions and Values with experience as an executive and
decision-making ability..
4. Why do you want to serve on this Board?
I feel I have the advantage of insight in all city government operations relatim! to imoortant city
develooment matters. Since I am retired I have the time and dedication and interzrity to serve on this
board. I would not gain personally as I am not involved in anv major real estate. consultant or
development opportunities. Am very interested in taking part in the planned development to lead
Clearwater into the future and would review each issue before the board with due diligence..
Name: Robert P. Fernandez
Board Name: Community Development Board
y' .,
J:,
.."
Name:
CITY OF CLEARWATER - APPLICATION FOR ADVISORy'~~QFIVED
(must be Clearwater resident) JUN 20 2001
t r11f GIlL/) E,'i
OITY CLERK DEPARtMENT
Home Address: Office Address:
t~ ~ D fu Gf tUrJo/J Sf.
tJLW ~. zi0337SS- Zio
Telephone: 7;) 7 - t/~~ - I f/!{icfS- Telephone:
How long a resident of Clearwater? . .} I~
occupation:---U /()~ Employer: .
JJIt-S . . ~~
r~
If retired, former occup
Community Activities:
~!,
.......
Other Interests:
Board Service (current and past):
L I U.~.l~Y f5lJfl..f\
Board Preference: ~.~
e~-=t;~ .
Additional Comments:
Signed:
Date:J - JCJ - () I
See attached list for boards that require Financial Disclosure at time of appointment.
Please return this application & board questionnaire for each board listed to:
City Clerk's Department, P. O. Box 4748, Clearwater, FL 33758-4748 or drop off at City Hall, 2nd
Floor, 112 S. Osceola Avenue
V/~/D'J.~ r<.u.p OYLJ~
~
BOARD QUESTIONNAIRE
r
r
2. Have you ever observed a board meeting either in person or on C-View, the
City's TV station?
-If..LJ - m t - VI~--UJ
3. What background and/or qualifications do you have that you feel would qualify
you to serve on this Board? ...
P~WP~h\-~~
4. Why do you want to serve on this ~
j~-~A ~.
d~~T
'r~
^,--. -
Name:
Board Name:
ttJ6
l
RECEIVED
AUG 23 2004
O:!./C/AL RECORDS AND
CITY OF CLEARWATER - APPLICATION FOR ADVISORY-;~MfM3SRvCS DEPT
(must be Clearwater resident)
Name: Aaron D. Greenberg, Esq.
Home Address:
142 Bayside Drive
Clearwater Beach, FL
ZiD 33767
Office Address:
142 Bayside Drive
Clearwater Beach, FL ZiD 33767
Telephone: (727) 686-1558
Telephone: (727) 445-9003
How long a resident of Clearwater? 2~ years
Occupation: Zoning attorney & developer
Field of Education:
Harvard Law School- J.D. (1997)
Columbia University - B.A. (1994),
urban studies major
If retired, former occupation:
Community Activities:
Employer: InterCoastal Habitats LLC
Other Work Experience:
(See attached resume.)
Other Interests: Architecture, history, boating
Board Service (current and past): Board Preference:
None Community Development Board
Additional Comments: Reference: Rosemary Ginty, Esq., Vice President for Government
and Community Relations, New York Botanical Garden (718-817-8962).
Signed: a-. ~ . Date: y/J.3/o4-
f I
See attached list for boards that require financial disclosure at time of appointment. Please return
this application and board questionnaire to the Official Records & Legislative Services Department,
P. O. Box 4748, Clearwater. FL 33758-4748. or drop off your application at City Hall, 2nd Floor, 112
S. Osceola Avenue.
AARON D. GREENBERG, ESQ.
142 Bayside Drive
Clearwater, FL 33767
(727) 445-9003 · Fax (727) 461-4780
Email: aarongreenberg@msn.com
PROFESSIONAL EXPERIENCE
InterCoastal Habitats LLC - Clearwater, FL (2002-present)
Founder and Managing Member
. Currently managing development of 6-stOlY, I8-unit luxury waterfront condominium project in
Dunedin, FL.
· Responsible for all zoning approvals; overseeing all legal work, budgeting and marketing
efforts; producing all sales materials; negotiating financing and all contracts.
Wachtel & Masyr, LLP - New York, NY (1997-2002)
Associate, Land Use and Zoning practice group
· Represented clients on residential, commercial and retail projects in New York City with
particular experience in managing complex multi-agency development approvals for mixed-use
urban projects.
· Performed zoning analysis, development feasibility studies, architectural plan review, and
community relations.
· Wrote zoning opinion letters and certifications, environmental assessment statements,
development agreements, restrictive declarations, contracts, and press releases. Prepared and
reviewed environmental impact statements.
· Coordinated lobbying and planning efforts with daily interaction between clients, architects,
engineers, environmental consultants, traffic consultants, numerous city and state administrative
agencies, Offices of the Borough Presidents, City Council, and local Community Boards.
. Clients included The Related Companies, The Home Depot, Target, Forest City Ratner, Costco,
Blumenfeld Development Group, Edison Parking, ZeckendorfRealty, Gotham Development,
Hines, and various educational and non-profit institutions.
Altman Kritzer & Levick, PC - Atlanta, GA (1995)
Summer Associate, Real Estate practice group
. Performed contract and lease review and legal research. Wrote chapter of book, Key Shopping
Center Legal Issues (International Council of Shopping Centers, 1995).
Greenberg Farrow Architecture - Atlanta, GA (1990-1994)
Summer intern
· Model-making, logo design, presentations, computer aided design and drafting with working
ability in AutoCad and Adobe Photoshop.
EDUCATION
Harvard Law School, J.D., 1997 (magna cum laude).
Columbia University, B.A., 1994 (summa cum laude), major in Urban Studies.
BAR MEMBERSHIP
Admitted to the Bar in Florida and New York.
References available upon request.
BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and responsibilities?
. The CDS decides discretionary land use approvals in accordance with the criteria
of the Community Development Code. The Board also hears appeals from
Planning Department decisions and makes recommendations to the City Council
on zoning and land use plan amendments.
2. Have you ever observed a board meeting either in person or on C-View, the
City's TV station?
I watch Clearwater CDS hearings regularly, and I have testified numerous times as
an applicant before zoning boards in other municipalities.
3. What background and/or qualifications do you have that you feel would qualify
you to serve on this Board?
I have extensive familiarity with the issues of land use regulation due to my
experience as both a zoning attorney and a real estate developer. I believe I can
decide cases with the fairness and insight of a practitioner who appreciates the
economic, architectural and regulatory factors that influence development.
4. Why do you want to serve on this Board?
I want to assist the Board in improving Clearwater's neighborhoods by nurturing
economic growth in a deliberate, responsible and intelligent manner that will
safeguard the character of the community. I believe we can hold developers to a
higher standard while simultaneously creating a hospitable growth environment.
Name: Aaron D. Greenberg, Esq.
Board Name: Community Development Board
No Board Questionnaire included with the Application
CllY OF CLEARWATER. APPLICATION FOR ADVlSORV BOARDS
(mult be Clearwater resident)
Name: Doualas L. Hilkert
Home Address: Offlce Address:
2227 Habersham Drive
Clearwater, L'L
2557 Nurserv Road. Suite A
liD 33764
~learvat.er. F!.
Zip ~~764
Telephone: (777 \ 1i2~_14~O
How long a resident of Clearwater?
Occupation: Attorney
Field of Education:
Telephone: (727) 507.9559
4~ years (25 plus in pinellas County)
Employer: t)ougllls t lIilkvrt It 1
Other Work Experience:
B.A. Southern.Nazaren. University
J.D. St.@t~~n Univ.r.itv Col1.u. of Law
If retired, fonner occupation:
Community Activities: Chairman Planning and Zoning: Board; Vice-Chairman
~~~r~Ar ~~V~~~ ~^mm.+'+'..
Other Interests:
. Board Service (current and past):
p & z
Board Preference:
CDB
Charter Re"ie"
Additional Comments:
S~ned: :J&I
Date:
February 15, 1999
See attached lisUar boards that require Financial Disclosure at time of appointment
Please return this application & board questionnaire for each board fisted to:
City Clerk's Department. P. O. Box 4748, Clearwater, FL 33758-4748 or drop off at City Hall, 2nd
Floor, 112 S. Osceola Avenue
1/1'1/01- \I~';\-h'~d
llllt;l()~- II
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CITY OF CLEARWATER - APPLICATION FOR ADVISORY BO~EIVED
(must be Clearwater resident) MAY 2 8 200~
Name:William L. Johnson
Home Address:
479 East Shore Dr. #1
Clearwater
Office Address:
OFFICIAl RECORDS AND
lEGISLATIVE SRVCS DEPT
Zio33767
801 West Bay Dr. #406
Largo, FI.
Telephone:641-3444
Zio33770
Employer: self
Other Work Experience:
First Federal S&L of Tarpon Springs,
1970-1980, left as Exec. V-P, Rutenberg Corp._
1980-1991, Exec. V-P, in charge of real estate_
self-employed in real estate brokeraoe and commercial development since then.
Community Activities: Planning and zoning board, city of Clw, and Community Dey, Board
Telephone:44 7 -0861
How long a resident of Clearwater?20 years
Occupation: real estate
Field of Education:
Univ. of S. FI. BA. Business 1973
Other Interests:running, exercise
Board Service (current and past):
P&Z. Community Dev. Board
Board Preference:
CDB
Additional Comments:
Signed:
Date: p~1
See attached list for ards 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 ~venue.
BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and responsibilities? _
_Since I was a member of this board previously I fully understand the duties and
responsibilities of the CDS board._
2. Have you ever observed a board meeting either in person or on C-View, the
City's TV station?
_To many times to count_
3. What background and/or qualifications do you have that you feel would qualify
you to serve on this Board?
_Since I am in the commercial real estate and development field, I deal with
engineers, attorneys and planners, tenants and other developers on a daily basis. I
also deal with other city governments, county government throughout the state. J
have lived out on the beach for the past 20 years, financed many homes in
Countryside while at the bank and developed many homes and office building and
the northwood plaza area while at Rutenberg. Recently helped in the redevelopment
of LaBelle Plaza, Publix, at highland and Belleair.
4. Why do you want to serve on this Board?
First and foremost to give back something, my time, to the community and help
forge the city into the place I want to live the remainder of my lifetime. I also enjoy
the interaction with the other board members and the sometimes tough decisions
we are asked to make. I also like to know what is going on in the city and the CDB
board is next to being on the commission and I don't think the public could take
two Bill Johnson's on the board. Even though some people said that they did vote
for me this last election, Bill Jonson., they didn't notice the name difference.
Name:_BiII Johnson (William)_
Board Name:_Community Development Board_
.~
CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS
(must be Clearwater resident)
Name:
Home Address:
WTT.T.T~M P F'TR'IU~
Office Address:
100
34 Bohenia Circle North
Clearwater, Florida
Zip 33767
Telephone: .446-4870
How long a resident of Clearwater?
Occupation: Financial Advisor
Field of Education:
Telephone:
1 R YP;'l1"!': I
Employer: Ame~ Express V\~-t; r~d
Other Work Experience:
Associate degree, engineering
B,S. degree, physics & mathematics
M,B.A. deqree, finance & marketinq
Maqnetics enaineer
Pl",nt M",n"''Jpr
General Manaaer
If retired, former occupation: n/a Business owner
Community Activities: Director, Jolley Trollp-y. nirpC"tor s:. vp rlp",rw;:ltpr
Beach Association
Other Interests:
Woodworkina and mechanics
Board Service (current and past):
Board Preference:
Parks & Recreation
Community Development Board
Parks & Recreation Board
Additional Comments:
Signed:
(J)~
Date:
April 13, 1999
See attached list for boards that require Financial Disclosure at time of appointment.
Please return this application & board questionnaire for each board listed to:
City Clerk's Department, P. O. Box 4748, Clearwater, FL 33758-4748 or drop off at City Hall, 2nd
Floor, 112 S. Osceola Avenue
RRCEIVED
APR 1 ~ 1999
CITY CLE~K DEPT.
BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and responsibilities?
The board assists the Parks & Rac. staff in evaluating
current facilities and activities and recommending
improvements and capital expansion for parks and
recreation facilities to the city Commission.
2. Have you ever observed a board meeting either in person or on C-View, the
City's TV station?
A number of times including a four year term as a member
of the Parks and Recreation Advisory Board.
3. What background and/or qualifications do you have that you feel would qualify
you to serve on this Board?
My prior experience on this boaro provides me wit~ a
thorough appreciation of the board's purpose and
responsibility. I have a keen interest, in athletics
and recreation ~y way of my ~articipation. I have a
sound background in finance that could help in prior-
itizing evaluatec projects.
4. Why do you want to serve on this Board?
I'd like to continue working toward the objectives set
durinamv previous term in makinq the parks and Recreation
Department the finest in the state of Florida and its
facilit~es and ~rograms second to none that we would be
proud of.
Name:
William P. Kirbas
Board Name:
ParIes
~1 Y4' n
, R ~ (~ E\ 1 " JC.\ <,,-
and.R~treatlon
j\\,R 16 1999
CITV GLS';'\K DEPT,
-.
(
I
.
BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and responsibilities?
The board is a comprehensive administrative board that has
assumed reponsibilty of prior multiple board activities
involving zoning and land use, development code adjust-
ments, design review and planning. It is this board's
obligation to conduct public hearings relating to petitions
brought before the board by residents and interested parties.
2. Have you ever observed a board meeting either in person or on C-View, the
City's TV station?
Many times as well as serving on the Parks and Recreation
Advisory Board for four years.
3. What background and/or qualifications do you have that you feel would qualify
you to serve on this Board?
I have the academi~c background and work experience
to qualify me in rendering fair and sound judgment
regarding matters of development brought before the board.
. I have engineering and financial training that would assist
me in comprehending and evaluating matters under discussion.
4. Why do you want to serve on this Board?
I have been a resident of Clearwater for over 18 years.
I've addressed the city commission and various boards
relating to codes, planning and zoning. I'm more than
familiar with the affairs of the City, past and present.
I'm interested in enhancing tha quality of life for our
Name: William P. Kirbas
residents and I would offer my advice to achieve it.
Commlln i 8 ~C~JmX~ D
APR 16 1999
Board Name:
CITV CLEiiK OEPT
---I
Jan 05 05 12:22p
Bob Luna
727-443-3685
p.2
. ....,!~i::~"it;~~tt~f:,
, ;....
:' :~i;:- :7i,":t~f~:t~~:,~~~f~r~*~~~r
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: ;: . :~:~;~.~~~~~ '(..:r~;~~.
:, '-':H',,~,:-,(~';:,~',:-}\';\)~~:CITY OF CLEARWATER - APPLICATION FORrAi;lVISORY BOARDS
. .' 0,:; '-:,;;,\ :' ;::,.: . (must be Clearwater resident)." .: .. '
-', ,," ; .,,'
0;..: ~ '.... ," .
_ _N~/!I~:':1306 ) v~A
-.... . -.. ..... .. ..'-. '... ".- .-- -.-"...
Home Address:
77 <f -s,uU6- /~A~O I /':>(./!MJt:S.7A-TEJ
CL-f/ttlIurt7Cr B?/Jc.H fL.ZiD ~~?G?
.
Telephone: '.7~?- YY/-~~y'
How long a resident of Clearwater? '3 CJ't-II-P.i .
Occupation: (!fi~/ti;<-1lf- I- fj)Pli"OIlH.-..r ~ Employer: j#G /... VA/A (!IR<D!t~/'SA-T/o^
. Field of Education: ,<~ Other'Work Experience:
Bt/5 A-/~ If- t:"J1-JA-,4..I6 \'\>~',~). (/P/l #ON1~/Uj,~ rfJ-.oA;- ~ oP(fJ
. /-.t.JN~ ::Ptr",f(: ES11'f7e: /VffME-"" (L ()
~ /. vpA /h"i?pop1"' ~~s.rlc./f"'#-~ LLc
If retired, former occupation: ~ f/"fJ;I /J-,z r G.II-//F-{l;ci- f CoiJ.
Community Activities: -(}jlpiVl3E-r t)~""~IWIE--("l.~,4(1IW4-TFr) fiMjj;l-'!.I.lt-IJotZ .
. "
g/l1ll~ 1~/l";It7I~"""c.. J SHIlI~/7J /f1~I1/f< R!/lCIfIC.lJffF;.. 7~pA
Other Interests: ;::t?~~t-Ikti:frr;:-j) 11 ~dlJ.s
Board Service (current and past):
(;vl/)/: ])d6- "cOV-"",,,1)A7'dt- FPIl 711~ (3CIJ.:j
. ~/"rl~1'- kY'._.
/I5S'I?f~(,1/l1/~: 7)Ci-1f80v I -AWlSofCl &ff(i'J /{} .
':(J/l THE pEw )lollk ST/fTt M..t~fl(.5' un.1-'r.~,/
Additional Comments: r~..t( ~ ~~-C.{. ~.
~)..'.
~-_..
Office Address:
SAUG"
ZiD
Telephone: ~/11-1 ~
Board Preference:
~7)~~ ~
fj..(
t!Yl. I~-'j ~j
Jan 05 05 12:22p
Bob Luna
727-443-3685
p.3
,,:,\~y~;~\~;'~~);:;~;'~~~~H~it;!j:::;:.:: .:
'" .: '~~:':. :,:~:. ~:~'~':;:)'~~~~~i:::~ :: ~:~;' < :~.'t.:f;':':~~~':~~I~'
. ~ ':. ~'.:'.~.:.':".: ':.:. ':::.
:, . ., ~'. .: ....: '.
.. :':,1':: ":' '.
- "..<'::'::; :./~-II- ~ J4 ~
._ .. __._.......,__.~.. _. .~__._. _. __ 4~.__.....;. .:_........___..:_..;._.... .."'~.. -..:.""~~._...._.~:. _-,....._.. . ...-:.:-~~-_.._--_............ .~_~. .,....~ oJ. -_0"- ._"_. ........_-.... ..
2. Have. you ever observed a board meeting either in person or on C-View, the City's
TV station?
~.S .~~{5
3. What background and/or qualifications do you have that you feel would qualify you
to seNe on this Board?
~ I~~~ p..~ 1.Ac. ~ -~ ~
-.-/~~ e't ~I/U.~ t1.~~Q~ ,A/~ G4-.
-;/~ ~ ~~.J ~4f-.~~
4. Why do you want to serve on this Board?
~~~~ --(-~~
t ~ ~ ~, ---U- ~MZuJ-h.~ ~. ~~~
~ J4 ~ ./?I~ ~ A .~ 0/ i#a. a:l;,
~~~~~~~~
,
02/07/2005 09:52
7274413E14E1
MCCANN ENGll'EER
PAGE E13
CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOA~~~EIVED
(must be Clearwater resident) FEB 0 7 2005
Name: William J. McCann, P.E.
Home Address: Office Address:
1563 Turner Street 1627 So. Mvrtle Avenue
Clearwater. FL ZiD 33756 Clearwater, FL
Telephone: 727-443-7660 Telephone: 727-643-7660
How long a resident of Clearwater? 12 Years - Since October 1993
Occupation: Professional En!:lineer Employer: McCann Enqineerina
Field of Education: Other Work Experience:
B.E. in Civil Enaineerina City Planner. Structural Engineer.
Masters in City & Reaional PlanninQ Civil Enaineer. Plans Examiner
OI=FICIAL RCC61tOS N-4U ,
LEGISLATIVE SRVCS DEPT
ZiD 33756
If retired I former occupation:
Community Activities:
Other'lnterests:
Board Service (current and past):
Desiqn Review Board
Board Preference:
Municipal Code Enforcement Board
Community Develooment Board
Additional Comments:
Signed~~-
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.
Date:
~/7/0~
02/07/2005 09:52 7274413040
MCCANN ENGII'EER
PAGE 02
BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and responsibilities?
-rP CkA.J O<K:7 fle~"flll,.)~ ~AJ B')IrRI! ei;VI eJ7 ,t) r
Fle1!f . t:)CGvJt'Ar/o~/fl'- i/~I!:AJS~ 13~/~O/J.JCI
.' , , . .
:?pAlW~. .:5/~,A./.$ A~l:J 12&r"4r~O
./
{trry e poe:-r
2. Have you ever observed a board meeting either in person or on C-View, the City's
TV station?
Y~5
3. What background and/or qualifications do you have that you feel would Qualify you
to serve on this Soard?
;r. /III? tit l/~AI:s'''r.J ~"""SIDMA-'- /;;..Jt:/!J~
,
ApC W~~KeO A~ A ?L,4J.J$ E;t4MIM t:R.
PDJe.. 5" ~4.eS" . -::r /~P"" TIfG JjVIL.DltoJ,c ~ 0&".$
ApI) -r~~' 3~/AJ,~ UDE""S t:. VSe rllir
7?;O)I..OJJC C!.TJD~ ltv~Y :()A'I
4. Why do you want to serve on ~his Board?
-:J W AJoJ -r Jb :1)0 :So /VI t5
FiJI<. rHB I2rry. ~
,.
me- CPoers. Sf) :r CAIJ
)6AJ /)..J Ie 1J ~ /..fo /kr..P 7/l-g"
fh, l uAJ 7e:1f!1<. lU {) li!.k.
ft:A)/)LJ /YlAAI'I OF
,
A/JjJL Y jV1 '1
Crr'1 .
Name: Ld/f'IiM :J. ;V1 CCIi~~ f: 6".
Board Name: M V fJ.G,....<- ~ 0 h G,v Fo teGE"MtrlV r &A-teO
Oct 15 04 01:49p
Jerr~ Schauer
727 784 6015
p. 1
RECEIVED
OCT 1 5 2004
OFF1C;;P.l RECOI<DS AND
L ~G;:)L~TiVE SRVCS DFPr
City of Clearwater - Application for Advisory Boards
(must be a Clearwater resident)
Name: Gerald (Jerry) L. Schauer
Home A<ldr~:
2958 Somersworth Drive
Clearwater, Florida 33761-1939
Office Address:
Same
Telephone 727.784.6015
Telephone: 727.560.2535
How long a resident of Clearwater Since 199] ( 13 years)
Occupation: Semi-Retired
Employer: Part Time.
Coastal Environmental
Concepts, Inc.
Field of Education
B.A Degree in Education
B.S. Degree A~counting & Economics
Other Work Experience
CLT - Software
Bank of America - Banking
25 yrs
Secondary Education 4 yrs.
If retired, former occupation - Banking - retired from Bank of America
Community Activities: Served 011 PineUas County School Board Budget Review
Committee - A volunteer with American Red Cross
Other Interests:
Board Service (aurent-and past):
Board of Adjustments (City of Coral Springs)
. Board Preference:
Community Development
Board (CDB)
Additional Comments: I have extensive eJq)erience in interpreting policies and
proce4w-es as dir.ected bybusiness.manuals and management. I also have excellent
negotiation skills.
Signed:
Date IO~Ym y
Oct 15 04 01:50p
Jerr~ Schauer
727 784 6015
p.2
Board Questionnaire
I. What is yoor understanding oft.heboard's duties and responsibilities?
The board members must have a working knowledge of the City's planning and
development codes. .They must be able.to review petitions to determine if the ~uests
are within established guidelines and make recommendations to the City Commission
based on a solid review and knowledge of the facts.
2. Have you ever observed a board meeting either in person or on C- View, the City's
TV Station?
I have viewed some City -Commission .meet.jng on. TV, but no Advi5ery Board
Meetings
3, What .ba.ckgrOWKland Jor qualifications.do you have that you f.eel wooldqualify
you to serve on this board?
I have extensive husiness~ iDv.oMng .deal.ing .in.both the .public,.aad private
sector with individuals as well as small to large business interests. This experience
require(tme.toJlPClllte.aOO enforce stated policies and pwcedura WJli1e11Uhe same
time meeting the needs of those that I served. I have extensive negotiation skills.
I ba.~.served.on the Board of Adjustments for the City .ofCoraJ Springs as-it.s.Board
Chainnan. I also served on the City Council for City of Warsaw, Warsaw, Kentucky
as an elected official.
4. Why do you want to serve on this Board?
I am in a.position to assist the City .in.achievmg its .objectiws. I ~so believe that
development, that matches the community requirements, is very important to meeting
the needs.ofthe citizeDs.of.c1ear.w~.
I also enjoy public service. I read an article in local paper that the board has a vacancy
and I feel my experience as welt as background can be an asset.
Name:
Gerald L. Schauer
Board Name: CDB . .
._ III ..
l
REC:EIVED
CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS NOY 10 2004
(must be Clearwater resident)
, :;-::;C;:.:'\i.. ~~'i'::~\)r~l:;~~ ;\j~~;
. - I ,.\nVf .;~~~Vt ::_ ~ (~EP}
Name:
Home Address:
-ffF1 Q d C, I
' (lJ L ,cjl"". m Ij (~ .:;j
" ! l r"l' . ~').~ ."'r
L Lt(1(lA16~V i- Zip. ,~ {~_J
Telephone: 77.1 -4!J L -hDtO.~
How long a resident of Clearwater? S I r1CL
Occupation:_l ~nds(D-p\~
Field of Education:
.,.-,. 0 ~ l" t' <:"
j::cd:~d(){' IY-\ (.Q.p'.hcc,. ...)Ci tV"i:L
Office Address: . '.
12,10 &vmudc.. st
'-
(\ \ ' F' I ~J')" ....
ut'A.{u..cl-iv" \ Zip ~~ ~
Telephone: -"l')~-~'L-bt;oS
04-P=J
Employer:
Other Work Experience:
If retired, fanner occupation:
f)-r7\ ,0. d n t r, .
Community Activities:~' n v\ h(y')<~ tt)\""" 1..)\ }Y:lAd .I\"'\
f~ ; d('11A S( \ "'(in\-
~
. ,,' .. . .
Other Interests: .' 1nI3" J rf{d:ll(\S
Board Service Xand past): . Board Preference:
r-, ,11' \. [ . & I
YJlGUtl ,\CcA;1"l1y\ 'Cn-,('l'"ll ,. . ~ .
^'.oLCJn ' '
I, . _
nt-t.f' JC,V\AXot.t,(
d
Additional Comments:
Signed: ~JtA~ :iDlr:''X)
Date:
II!J/OY
See attached list for boards that require financial disclosure at time of appointment. Please retum this
application and board questionnaire to the Official Records & Legislative Services Department. P. 0,
Box 4748, Clearwater, FL 337584748, or drop off your application at City Hall, 2nd Floor, 112 S.
Osceola Avenue.
..
1
BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and responsibilities?
Str~ ~c;,,~ ~~'J ~v=
. 0\- ~_ -- . _ L,(hW ~: ~iwS. ( 6> rs.
~i'\U laa:l i..l)l pun (\1\G.n~ rt~~ Q"\ l.vell U9-.
~1()pl((\Llr,;t-' {(~'r(.\+'S.
" ,
..
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?
.-., . n I ~l 'f' .
.='tadvJ.wS d'3rt, iV', ~. S;:;fnC1.,.- /vl+l...... Ili'l
.fK1J.pl,"(). 5 ',' ~ i' n Sb k a. i~d I 1>:"<.7 J ( ~l r( rY' ('"Yll.r+ 0 If'\, d
Jkb,~ Phhll;'":\.
4.. Why do you want to serve on this Board?
r W(J\,tJld I ikJ() ht ()1(1r'"<. j(,vC lu:a:l In t~
rtdJ.lXlopvyunt o~ DLLr C~~ltinl J jl't~rW isSIJ"f<;'
~: (7(~ ~';:J ~(i,fA.) owl -C "In(, L:J lot
}, Arf( L." of +'",_ -ko.i"V'i ·
/'1\ . I. -,
Name: C h r, )11 r\1 , v(A.Vl~
Board Name: ~omm"n,4,pt ':-(\JfYJW"t ?m-..-d
CITY OF CLEARWATER-APPLICATION FOR ADVISORY BOARDS
(must be Clearwater resident) RECEIVED
Name: Shawn Yang
Home Address:
1466 Rosetree Ct.
Clearwater,FL 33764
. Home Telephone: (727) 539-0559
How long a resident of Oearwater?
Occupation: Real Estate Agent
Field of Education:
'Real EstateSalespersonticeDse _.
Bachelor Degree in Computer and
Information Systems
If retired, former occupation:
Office Address:
1545 S. Belcher Rd.
Clearwater, FL 33764
p:~ 24 2005
<>FFlClAl. RECOROS AND
LEGISLATIVE SRVCS OEPT
Office Telephone: (727) 644-2899
3 years
Employer: Charles Rutenberg Realty, Inc,
. OJlt~r W Qd~ .Experl~llce,;__ .
Real Estate Agent
Senior Business Analyst
Systems Engineer
N/A
Community Activities: President of Florida Hmong Community, Inc.
Other Interests: Event planning and community service.
Board Service (current and past):
Florida Hmong Community, Inc.
Clearwater, FL. 2003-2004
Yang Wang Meng Association, Inc.
Minneapolis/St. Paul, MN. 1994-96
Lao Family Community, Inc.
Minneapolis/St. Paul, MN. 1992-94
Board Preference:
Community Development Board
Additional Comments: I am a resident of Clearwater and I want to help the city to plan,
improve and develop a safe and clean community for our residents and visitors to enjoy,
Signed:
2fz-.39
Date: ,;< - .J)/- 06
BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and responsibilities?
Board members handle and vote on matters related to planning & development. Conduct
public hearings and decide upon certain development requests that are not within the
discretion of city staff. Conduct design review. Evaluates historic applications. Reviews
requests for land use plan changes and rezonings. Serves as Local Planning Agency to
review & advise Council regarding the City's Comprehensive Plan.
2. Have you ever observed a board meeting either in person or on C-View, the
" City's TV station?
Yes, I observed the board meeting of February 21, 2006. I observed the meeting structure;
. Jistene~to-meetin8-agenda.and discllssion.andreadthe..preYious..meetings.minut.e...."
3. What background and/or qualifications do you have that you feel would
qualify you to serve on this Board?
I have a Bachelor Degree in Computer & Infonnation Systems. I am a resident of
Clearwater and a fulltime Real Estate Agent. I believe I know Clearwater well and I have
experience in land use, planning and zoning. I am currently the President of Florida Hmong
Community, Inc. in Clearwater. I work well with people. I am very involved in the Hmong
community and other communities in general to promote membership and goodwill and to
exchange ideas between the Hmong and other communities.
4. Why do you want to serve on this Board?
I want to be involved with the development and growth of the City of Clearwater and assist
our community in attracting new investment in keeping pace with our surrounding
communities while maintaining a quality standard of living.
In addition, I want to be able to assist existing companies, recruit new business and increase
opportunities for the City in capitalizing on economic development opportunities.
-.. .-"--'" -. ~.- .--
..... "-' "..'. --.----. '-".-- _..,.,-. -- -- . ---- - -....-.- ~-- ,-
Name: Shawn Yang
Board Name: Community Development Board
I
, ~j
,.
-"l/f FLORIDA
-.04 HMONG
COMMUNITY, tNt~
"NON.l'IlOFlT OIGANi~ATll;iN
~~<Ml~~
13575 58111 Street N. Suite 159 - Oearwater, FL 33760 - (727) 644-2899
RECEIVED
February 22nd, 2006
r~'1 2 II 2005
To Whom It May Concern:
:.JI-t:/<;iAL. l-<i:~ORuS AND
lEGISlATIVE SRVCS DEPl
Re: Advisory Board for Community Board Development
Dear-SirlMadam:
I am interested in an Advisory Board member for the Community Development Board. I
am a resident of Clearwater and I have experience in Real Estate. I want to be involved
with the development and growth of the City of Clearwater and assist our community in
attracting new investment in keeping pace with our surrounding communities while
maintaining a quality of standard living.
In addition, I want to be able to assist existing companies and recruit new business and
increase opportunities for the City in capitalizing on economic development
opportunities. I am a community leader for the Florida Hmong Community, Inc. and I
enjoy helping people in the community and eager to network with other communities in
general.
I want to thank you in advance for your consideration.
Sincerely,
Shawn Yang
CA-~
~~
u.~ _,~,.,......,~..~~~ CO,~~,~,..~,~,!!t~.r!.~,~....~,...!!L_.,,,,.,,,_,,,~,..,.",~.
City Council
/3. 1
Tracking Number: 1,942
Actual Date: 03/02/2006
Subject / Recommendation:
Provide direction regarding settlement proposal from Allen Stowell relating to billboard located at
2815-2817 Gulf-to-Bay Boulevard.
Summary:
The City has received a settlement proposal from property owner Allen Stowell regarding a
billboard on the property located at 2815-1817 Gulf-to-Bay Boulevard. The proposal asks that
the City allow the billboard to remain on the property for a period of ten years, subject to the
same terms and conditions given to National/Lamar in the agreement recently reached with
them. The billboard is the subject of a Municipal Code Enforcement Board Order finding it in
violation of City Codes, which Order was appealed to Circuit Court. Details regarding the
billboard's status as well as a history of the billboard site and the letter proposing settlement are
attached.
Originating: City Attorney
Section City Attorney Reports
Category: Agreements/Contracts - without cost
Number of Hard Copies attached: 0
Public Hearing: No
Financial Information:
Review Approval
Leslie Douaall-Sides
02-17-2006
13:27:47
Pam Akin
02-17-2006
13:42:26
Cvndie Goudeau
02-17-2006
15: 18:23
~ Oearwater
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City Attorney's Office
Interoffice Correspondence Sheet
TO: Cynthia E. Goudeau, City Clerk
FROM: Leslie K. Dougall-Sides, Assistant City Attorney)(~.J2-
SUBJECT: Agenda Item for Discussion:
Settlement Proposal from Allen Stowell Regarding
Billboard Located at 2815-2817 Gulf-to-Bay Boulevard
COPY: Pamela K. Akin, City Attorney
William B. Horne, II, City Manager
Garrison C. Brumback, Assistant City Manager
Jeffery P. Kronschnabl, Development & Neighborhood Services Director
DATE: February 16, 2006
Following approval of the National/Lamar settlement agreement, the City has
received, through Allen Stowell's attorney, a settlement proposal regarding a billboard
on the property located at 2815-2817 Gulf-to-Bay property. This billboard was found in
violation by the Municipal Code Enforcement Board, and fines were stayed pending the
outcome of the National/Lamar litigation. Mr. Stowell appealed the Board's decision;
his appellate case in Circuit Court was consolidated with other billboard appeals and
was recently dismissed by the Court for failure to file a Status Report. Mr. Stowell
contends that he did file such a Report, and has asked for rehearing of the dismissal.
This particular billboard is also the subject of an FDOT Order requiring removal for
failure to have a State permit. FDOT has deferred action pending the resolution of the
National/Lamar litigation, but its Order will shortly be "reactivated" because of the recent
settlement in that litigation.
Mr. Stowell's settlement proposal asks that the City allow the billboard to remain
on the property for a period of ten years, subject to the same terms and conditions
given to National/Lamar, including ability to retain or relocate the billboard on the
property in the event of redevelopment. A copy of the proposal letter and a historical
summary prepared by the Community Response Team are attached.
The City Attorney's Office is requesting that this item be placed on the March 2,
2006 City Council aQenda for discussion.
~ Ruden
~~IMcClo5ky
RECEIVED
200 EAST BROWARD BOULEVARD
SUITE 1500
FORT LAUDERDALE, FLORIDA 33301
FEf3 0 fJ 2006
CiTY ATTORNEY
POST OFFICE BOX 1 900
FORT LAUDERDALE, FLORIDA 33302
(954) 527-2466
FAX: (954) 333-4066
GLENN .SMITH@RUDEN.COM
February 2,2006
VIA FACSIMILE
William D. Brinton, Esq.
Rogers, Towers, Bailey,
Jones & Gay
1301 Riverplace Boulevard
Jacksonville, Florida 32207
Re: Allan Stowell ys. City of Clearwater
Dear Bill:
Mr. Stowell offers to settle the disputes regarding his existing billboard along the
following lines:
1. The billboard will be removed ten (10) years from the date of the approval of the
Settlement Agreement by the Clearwater City Cornmission.
2. The remaining terms of the settlement will follow along the lines of the Viacom
Agreement.
In considering this proposal, Mr. Stowell asks that the City consider the following:
1. Mr. Stowell is 64 years old.
2. The income from the Billboard comprises about 60% of his income and he was
counting on this income for his retirement.
3. He is helping to support an ill mother and son, which he will be unable to
continue without the Billboard's income.
One of the obvious benefits to both the City and Mr. Stowell is to avoid the aggravation
and expense of protracted litigation. As you know, there is a pending appeal of the Code
FTL: 165 7233: 1
RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A.
CARACAS' FT. IAUDERDALE . MIAMI' NAPLES' ORlANDO' PORT ST. LUCIE' SARASOTA' ST. PETERSBURG' TALLAHASSEE' TAMPA' WEST PALM BEACH
Page 2
Enforcement Board decision, which appeal was stayed until a final decision in the National case.
The Judge in the appeal is anxious to have, the appeal go forward or to be resolved and is
demanding action. Therefore, I request a response from the City in ten (10) days or less, so that
the City and Mr. Stowell can hopefully avoid the expense of the appeal. Of course, I recognize
that, if a settlement is reached, it is contingent upon approval by the City Commission.
If you have any questions concerning the above, please do not hesitate to contact the
undersigned.
Sincerely,
~
Glenn N. Smith
GNS:lad
CC: Leslie Dougall-Sides, Esq.
Mr. Allan Stowell
FTL:1657233:1
RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A.
CARACAS. FT. LAUDERDALE. MIAMI. NAPLES' ORLANDO' PORT ST. LUCIE . SARASOTA' ST. PETERSBURG' TALLAHASSEE' TAMPA' WEST PALM BEACH
2815-2817 Gulf To Bay Blvd.
Billboard History
. October 1, 1975- City of Clearwater Sign permit # 4525-B was obtained by
National Advertising Company for one billboard measuring 400 square feet per
side with a height of 40 feet and 15 feet setback from the public Right-of- Way.
. November 18, 1981- Allan Stowell was issued a letter from the City of
Clearwater's Building Director Roy Ayres stating his request to enlarge his
billboard to 672 square feet in area was denied.
. June 6, 1984- 3M National Advertising Company was issued a sign permit
# SN- 84060117 (face change) for one 400 square foot sign.
· In 1985, the City of Clearwater adopted new sign regulations to improve the city's
appearance and economic base.
· A seven-year amortization period was granted to property and business owners to
recoup investments on their existing signs.
. In 1991, one year before enforcement started, business and or property owners
that had sign violations were sent letters and told they had until October 13, 1992
to bring their signs into compliance.
· Billboards were granted additional compliance time until January 19, 1996.
· August 30, 1994- Mr. Stowell was issued a Notice from the City of Clearwater
informing him of the Sign Amortization program and giving a compliance date of
January 19, 1996.
· April 28, 2000- A Notice of Violation issued to Mr. Stowell for his billboard with
a second compliance date of June 5, 2000 since compliance was not met by
January 19, 1996.
· September 28,2000- Billboard was surveyed by City of Clearwater's Engineering
Department Bob Hallett and Ron Rice showing the billboard measures 711 sq.ft.
in sign face area on one side and 667 square feet in area on the other side.
· November 8, 2000- Municipal Code Enforcement Board hearing was held. The
sign was found to be in violation of the codes, but held off on penalty until other
billboard companies had time to appeal cases in court.
~'.\~-,\.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Haydon Bums
Building 605 Suwannee Street Tallahassee, Florida
ALLAN J, STOWELL, Petitioner,
VS.
DOAH CASE NO.: 97-1417T DOT CASE NO.: 97-0031
DEPARTMENT OF TRANSPORTATION, Respondent.
ORDER STAYING THE REMOVAL OF OUTDOOR ADVERTISING SIGN This
proceeding was initiated by a request for a formal administrative hearing filed by ALAN J.
STOWELL (hereinafter STOWELL), on February 14, 1997. The request was filed in
response to a Notice of Denied Application issued by the DEPARTMENT OF
TRANSPORTATION (hereinafter DEPARTMENT), stating that the DEPARTMENT
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intended to deny its application for a permit for a two-sided outdoor advertising sign located
on State Road 60 in Clearwater, Florida. Subsequent to the issuance of a Final Order in this
matter, and subsequent to the issuance of an opinion by the District Court of Appeal, but
prior to the removal of the subject sign, STOWELL orally requested that the
DEPARTMENT stay the removal of the subject sign.
The sign at issue in this matter was the subject of litigation before the Division of
Administrative Hearings (hereinafter DOAH) on December 4, 1997, in Clearwater, Florida.
Upon conclusion of the hearing, a transcript was prepared and filed. Both parties filed
Page 1 of6
Proposed Findings of Fact and Proposed Conclusions of Law. On February 2, 1998, the
Admmistrative Law Judge issued his Recommended Order. Exceptions to the Recommended
Order were filed by STOWELL. The issue to be resolved in the proceeding as stated by the
Administrative Law Judge was "whether the permit for sign installation previously issued by
the Department of Transportation is still valid to authorize Petitioner's sign located on State
Road 60 in Pinellas County. "
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On May 6, 1998, a Final Order was issued which denied the permit applications filed by
STOWELL. The matter was appealed to the First District Court of Appeal and the Court
affirmed the DEPARTMENT'S actions. Stowell v. Dep't of TransI2. (DOAH Case Number
97-1417T),743 So. 2d 513 (Fla. 1st DCA 1999). BACKGROUND
The factual background which ultimately led to the proceedings between the
DEPARTMENT and STOWELL began with action by the federal government which caused
State Road 60, in Pinellas County, to become a jurisdictional roadway for purposes of the
DEPARTMENT'S obligation to regulate outdoor advertising. Subsequent to that action, the
DEPARTMENT informed all sign owners adjacent to the subject roadway that their signs
now required a State Outdoor Advertising Permit, and were advised to apply for said
permits.
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STOWELL submitted outdoor advertising permit applications to the DEPARTMENT for
one (1) billboard structure (two (2) permits). The DEPARTMENT subsequently denied the
applications because STOWELL could not provide the requisite approval of the
appropriate local government as required by Section 479.07(3)(b), Florida Statutes.
STOWELL requested an administrative hearing on the matter. At the administrative hearing
Page 2 of 6
two issues were raised. For purposes of STOWELL'S motion, the first issue is relevant:
whether the proposed sign locations are permittable, pursuant to Chapter 479, Florida
Statutes. At the administrative proceeding, it was determined that:
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1. The sign which is the subject of this proceeding is within the DEPARTMENT'S
jurisdiction with respect to the regulation of outdoor advertising.
2. The subject sign is located at 2815-2817 State Road 60 (Gulf-ta-Bay Boulevard), 3.
Applications were required to comply with Section 479.07(3)(b), Florida Statutes (1997),
which requires every permit application to be accompanied by, among other things, a
statement from the appropriate local governmental official indicating that the sign complies
with all local governmental requirements.
4. At the time STOWELL'S application was filed with the DEPARTMENT, the City of
Clearwater, the appropriate local government, had provided the DEPARTMENT with
information which stated that the subject signs were not in compliance with all local
government regulations.
5. At the time ofthe DEPARTMENT'S review afSTOWELL'S applications) the subject
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location was not permittable.
Because STOWELL'S sign was not permittable due to a lack of local government
certification, STOWELL'S permits were denied and the propriety of those actions was
upheld by the Administrative Law Judge after the formal hearing. The DEPARTMENT'S
Final
Order adopting the recommendation of the Administrative Law Judge that STOWELL'S
application for permits and for reinstatement be denied was entered on May 6, 1998. The
District Court of Appeal's per curiam affirmance of the DEPARTMENT'S Final Order was
Page 3 of 6
entered on August 6, 1999.
Because the bases for the lack of local government approval are at issue in a circuit court
case between National Advertising Company (hereinafter National) and the City of
Clearwater, the DEPARTMENT has considered the argument that removal of the subject
signs at this time is premature, As such, due to Pinellas County Circuit Court Case No. 00-
3844-Cl-ll, National Advertising Company, a Florida Corporation vs. City of Clearwater, a
Florida Municipal COfPoration,_the DEPARTMENT shall stay the removal of STOWELL'S
sign subject to the pendency of the litigation between National and the City of Clearwater.
The status reports which National is required to file, pursuant to an order issued by the
DEPARTMENT on July 6, 2000, shall satisfy the requirement that STOWELL keep the
DEPARTMENT informed as to the status of the litigation. In the event that National's status
reports are no longer adequate, or if the DEPARTMENT determines that the stay should not
remain in effect, the DEPARTMENT will notify STOWELL of its intended action.
STOWELL shall remove the subject sign within ten (10) days of the date of the
DEPARTMENT'S notice or the DEPARTMENT will remove the sign and the costs and fees,
including reasonable attorney's fees and other reasonable costs associated with any litigation
regarding the removal ofthe sign, shall be assessed against STOWELL.
In the event STOWELL concludes that he cannot abide by the conditions of this Order,
STOWELL may advise the DEPARTMENT in writing within ten (10) days of the date
hereof that he is withdrawing his request for stay and the DEPARTMENT will enter an order
vacating the stay herein granted. Failure of STOWELL to advise the DEPARTMENT of the
withdrawal of his request shall result in this order being
Page 4 of6
full force and effect until further
order of the DEPARTMENT.
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Based upon the foregoing, it is hereby
ORDERED that the oral motion of Petitioner, ALLAN J. STOWELL, to stay-removal of the
outdoor advertising sign addressed in the foregoing proceeding, is hereby granted subject to
the conditions herein imposed. It is further
ORDERED that if the conditions of the herein imposed stay are not met by Petitioner,
,
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ALLAN J. STOWELL, or if the Respondent, DEPARTMENT OF TRANSPORTATION,
otherwise determines that the stay should be vacated, the DEPARTMENT shall so notify
STOWELL and said sign shall be removed by STOWELL within ten (10) days of the date of
the DEPARTMENT'S notice.
ORDERED that should Petitioner, ALLAN J. STOWELL, fail to remove the subject sign
within ten (10) days of the notice, the sign and all associated debris will be removed by the
DEPARTMENT or its contractor and all costs of the sign's removal and clearing of debris
are hereby assessed against Petitioner, ALLAN J. STOWELL. DONE AND ORDERED this
131 day of July, 2000.
is further
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THO 1\S F. B
Secretary
AS F. B)AR Y, JR., P.E. Secretary
Department of Transportation Haydon Burns Building
605 Suwannee Street Tallahassee, Florida 32399
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Page 5 of6
NOTICE OF RIGHT TO APPEAL
TInS ORDER CONSTITUTES FINAL AGENCY ACTION AND MAY BE APPEALED
PURSUANT TO SECTION 120.68, FLORIDA STATUTES, AND RULES 9.110 AND
9.190, FLORIDA RULES OF APPELLATE PROCEDURE, BY FILING A NOTICE OF
APPEAL CONFORMING TO TIlE REQUIREMENfS OF RULE 9.11O(d), FLORIDA
RULED OF APPELLATE PROCEDURE, BOTH WITH TIlE APPROPRIATE DISlRICT
COURT OF APPEAL, ACCOMPANIED BY THE APPROPRIA1E FILING FEE, AND
WITH TIlE DEPARTMENT'S CLERK OF AGENCY PROCEEDINGS, HAYDON
BURNS BUILDING, 605 SUWANNEE SlREET, M. S. 58, TALLAHASSEE, FLORIDA
32399-0458, WITIllN TIllR1Y (30) DAYS OF RENDmON OF THIS ORDER.
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Copies Furnished to:
Kelly A. Bennett, Esquire Assistant General Counsel Department of Transportation Haydon
Burns Building, M.S. 58 605 Suwannee Street Tallahassee, Florida 32399-0458
Susan Rosetti
Outdoor Advertising, District VII Department of Transportation 11201 North McKinley
Drive Tampa, Florida 33612
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Juanice Hagan
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Assistant State Right of Way Manager, Operations Department of Transportation, M. S. 22
605 Suwannee Street
Tallahassee, Florida 32399-0422
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Allen J. Stowed 2873 Thornton Road Clearwater, Florida 34619
Page 6 of6
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FLORIDA JEB BUSH
GOVERNOR
DEPART:MENT OF TRANSPORTATION
605 Suwannee Street, Tallahassee, FLorida 32399-0450
THOMAS F. BARRY, JR. SECRETARY
MEMORANDUM:
DATE: June 12, 2000
TO: Cris Speer, Assistant Secretary for Finance and Administration Ken Morefield,
Assistant Secretary for Transportation Policy
FROM:
Tom Barry, Sec
COPIES:
:r
tary
SUBJECT: DELEGATION OF AUTHORITY
Executive Committee, Personnel, Legal
You are delegated signature and approval authority anytime during my absence from
the office. This delefJation will remain in effect until rescinded 4X me. In the event all of
you are out of the office, signature authority is delegated to Ysela Llort, Marion Hart
and Freddie Simmons, respectively,
Signature should be made in your name "for the Secretary of Transportation."
All documents requiring signature and/or approval under this delegation should be
forwarded to my office for proper coordinationllogging prior to signing. In addition,
please ensure my office receives a "reading file" copy of aR correspondence (letters and
memos) you sign for me.
TB:mb
Manni, Diane
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From:
Sent:
To:
Cc:
Subject:
Kronschnabl, Jeff
Thursday, March 02, 20064:56 PM
Wilson, Denise; Manni, Diane
Brumback, Garry; Horne, William
FW: REMOVED BILLBOARDS 03-02-06
FYI - as requested - we got removal dates on most - see attached
-----Original Message-----
From: Fox, MaryJo
Sent: Thursday, March 02, 20064:53 PM
To: Kronschnabl, Jeff
Subject: REMOVED BILLBOARDS 03-02-06
~
REMOVED
.BOARDS March 200
eL {Yv\:.\ ()~).. C' '0. CCr
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REMOVED BILLBOARDS
1) 2198 NE COACHMAN RD. I ELLER Removed 09-08-99
2) 1219 COURT ST. Removed 10-26-95
3) 1769 DREW ST.
4) 2071 DREW ST. Removed 03-18-99
5) 2288 DREW ST. Removed 02-19-96
6) 606 N FT. HARRISON AVE. I Patrick Media sold to Eller Media
Removed 09-22-99
7) 1625 N FT. HARRISON AVE./Patrick Media sold to Eller Media
Removed 03-18-99
8) 1300 S FT. HARRISON AVE. Removed 01-22-96
9) 1556 S FT. HARRISON AVE. Removed 09-11-98
10)1200 FRANKLIN ST. I Patrick Media sold to Eller Media
Removed 12-16-97
11)1390 GULF TO BAY BLVD. Removed 04-20-00
12) 1880 N HERCULES AVE. I ELLER Removed 09-08-99
13) 513 S MISSOURI AVE. 13M National removed in 1995 Removed 10-12-95
14) 1377 S MISSOURI AVE.! Patrick Media sold to Eller Media
Removed 09-22-99
15) 2320 SUNSET POINT I ELLER Removed 09-22-99
16)1628-1630 GULF TO BAY BLVD.
17) 1637 GULF TO BAY BLVD. Removed 01-20-98
18) 1736 GULF TO BAY BLVD.
19) 2046 GULF TO BAY BLVD. I ELLER Removed 05-22-00
20) 2061 GULF TO BAY BLVD.
21) 2275 GULF TO BAY BLVD. I ELLER Removed 04-24-00
22) 2456 GULF TO BAY BLVD. I ELLER Removed 05-10-00
23) 2525 GULF TO BAY BLVD. I ELLER Removed 04-24-00
24) 2960 GULF TO BAY BLVD.
25) 3158 GULF TO BAY BLVD. I ELLER Removed 05-26-00
26) 1555 GULF TO BAY BLVD. I National Advertising Removed 12-18-96
27) 1800 GULF TO BAY BLVD. I National Advertising Removed 12-18-96
28) 1817-1823 GULF TO BAY BLVD.
29) 1867-1875 GULF TO BAY BLVD. 13M Removed 05-19-97
30) 1880 GULF TO BAY BLVD. I National Advertising Removed 12-18-96
31) 2433 GULF TO BAY BLVD. Removed 05-14-96
32) 1751 GULF TO BAY BLVD.(INFINITY OUTDOOR, INC.)Removed 11-06-02
33) 2516 GULF TO BAY BLVD.(INFINITY OUTDOOR, INC.)Removed 10-08-03
34) 2760 GULF TO BAY BLVD.(INFINITY OUTDOOR, INC.)Removed 10-20-03
Cc.. m-\S\ G'~'-0~-~
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TO: Jeff Kronschnabl,
Development & Neighborhood Services Director,
Community Response Team
FROM: Mary Jo Fox, Sign Inspector
COPIES: File
SUBJECT: Sign Amortization Inspection/Enforcement Status Report
DATE:
August16,2005
The following is a progress report of work performed on the sign
amortization program up to the date of August 16, 2005.
All totals are derived from locations that have had a file "built" and
"worked" by an inspector. Locations that have been inspected, but not
"worked" will be included in future reports.
# OF PROPERTIES INSPECTED 2,753
# OF BUSINESSES INSPECTED 4,823
# OF SIGNS INSPECTED 13,905
# OF "ACTIVATED" CASES AS A RESULT 1,362
# OF "ACTIVATED" (NOW COMPLIED) 1,356
# OF "ACTIVATED" (STILL PENDING) 6
# OF M.C.E.B. CASES SCHEDULED 30
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Phillips, Sue
From:
Sent:
To:
Cc:
Subject:
Kronschnab~ Jeff
Tuesday, February 28, 200610:03 AM
WIlson, Denise; Phillips, Sue
Dougall-Sides, Leslie; Fox, Maryfo; Hall, Bob
Sto-well Billboard
FYI - As requested, I went over in detail with Leslie Dougall-Sides the summary concerning Alan Stowell's billboard for
Thursday Nights meeting. Ms. Dougall Sides said she would get with our outside counsel Bill Brinton to make sure we
cover the following key points.
Unlawful - (No matter what the history) as of date certain by City Code - 1996. In other words, all the documents, he said,
she said arguments are a mute point as the sign is and has been in violation for years. Mr. Stowell was given the courtesy
of an extension by the City pending our settlement of the other billboard actions/cases.
Unlawful - Not permitted by the State of Florida - currently in violation with a removal order letter forthcoming. The City
would be moving against the State to protect Mr. Stowell.
If we enter into agreement with Mr. Stowell it would lack enforceability as this would not be a court settlement but a civil
agreement that should one party not comply - then a lawsuit would be forthcoming. Those lawsuits could take years and
be costly as well. Attorney Brinton is representing other cities on similar lawsuits and can discuss the difficulty of this type
of action.
Jeff
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Diane Nelson - Pinellas County Tax Collector
cc. 1Y'r\<;(. C~ -(:.Q-(Cr
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HOME PAGE I TAXCOLLECTOR WEB SITE I ONLINE PAYMENT HELP I CONTACT TAX COLLECTOI
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NOTICE OF AD VALOREM TAXES & NON-AD VALOREM ASSESSMENTS
AD VALOREM TAXES PINELLAS COUNTY TAX COLLECTOR
2005 TANGIBLE TAX/NOTICE RECEIPT FOR PINELLAS COUNTY PP 578133-1
PAY IN U.S. FUNDS TO DIANE NELSON TAXCOLLECTORe P,O. BOX 10832 e CLEARWATE FL 33757-8832 e 727 562-3262
GROSS TAX AMT I DATE PAID RECEIPT NO REGISTER I VAUDATED AMT
$261.08 I 11/23/05 001694 34 I $250.64
TAXING AUTHORITY MILLAGE RATE TAXES LEVIED
Account No
126032 COUNlY-AGGREGATE 6.1410 $73.08
Assessed Value SCHOOL-STATE LAW 5.1910 $61.77
11 900
SCHOOL-LOCAL BD. 3.1990 $38.07
CITY 5.7530 $68.46
2873 THORNTON RD SW FLA WTR MGMT. .4220 $5.02
CLEARWATER, FL 33759-4049
PINEUAS ANCLOTE .4000 $4.76
Property Location PIN.CO.PLN.CNCL. .0218 $0.26
2855 GULF TO BAY BLVD JUV. WELFARE BD. .8117 $9.66
17/29/16/03006/000/0200
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3/2/2006
Property Appraiser General Information: 17/29/16/03006/000/0200
Page 1 of 1
Building Data for this Map of this
parcel parcel
- -
Parcel Number 17/29/16/03006/000/0200
Data Current as of February 28, 2006 [11 :26 am Thursday March 2]
Nonresidential Property Owner, Address, and Sales
BASKIN'S REPLA T RESUB PT OF LOT 2 DESC FROM NE COR OF LOT 1 TH E 60FT & S 190FT FOR POB
TH E 135.2FT
* * Click here for full legal **
Current Exemptions
Homestead: No Use: 0% Ownership: 0% Tax Exempt: 0%
Government: No Institutional: No Agricultural: $0 Historic: $0
Parcel Information
2005 Value Book/Page: 00000/0000 Land Use: Homes for the Aged (74)
Comparable Sales value based on historical Census Tract: 254.05 Evacuation Zone: C
sales from 2003-2004: Mailin: Address Property Address
$0
MORTON PLANT LIFE SVC
Just/Market Value: $12,331,100 History c/o BA YVIEW GARDENS
Assessed Value/Save our Homes Cap: ATIN: JUDY CUNNINGHAM 2861 GULF TO BAY BLVD
$12,331,100 2855 GULF TO BAY BLVD
CLEARWATERFL 33759-4087
Taxable Value: $4,082,000 I Plat Year Plat BooklPage(s) I
Waming: A significant taxable value
increase may occur when sold. Click here 1948 024/042
for details and info. regarding the posting Sale Date BooklPage Price QLIl VII
of exemptions. 9/1993 8399/388 $85,000 U I
2005 Tax Information Land Information
Tax District: CW --
Seawall: Frontage: None View:
Millage: 23.2372
Special Tax: $.00 Land Use Land Size Unit Value Units Method
Homes for the
Taxes: $94,854.25 Aged 125,000.00 31.57 A
Taxes without Save-Our- Homes $94,854.25 Rivers and
cap: Lakes,
Taxes without any exemptions: $286,540.24 Submerged 1,000.00 8.67 A
Lands
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http://www.pcpao.orglgeneral.php?pn=162917030060000200
3/2/2006
Diane Nelson ~ Pinellas County Tax Collector
Page 1 of 1
Pinellas County Website
HOME PAGE I TAXCOLLECTOR WEB SITE I ONLINE PAYMENT HELP I CONTACT TAX COLLECTOI
Diane NelsotLCFc
MMW.taKmltettt'lmt
Cl)lllllilflNedfO~~~_ .
--'-~1Il
New Search I Return To Search Results I Print 81
NOTICE OF AD VALOREM TAXES & NON-AD VALOREM ASSESSMENTS
AD VALOREM TAXES PINELLAS COUNTY TAX COLLECTOR
2005 REAL ESTATE TAX/NOTICE RECEIPT FOR PINELLAS COUNTY RE 245901-4
PAY IN U.S. FUNDS TO DIANE NELSON TAXCOLLECTOR . P.O. BOX 10832 . CLEARWATE FL 33757-8832. 727 562-3262
GROSS TAX ANT DATE PAID RECEIPT NO REGISTER I VALIDATED AMT
$39,521.83 11/23/05 001695 34 $37,940.96
Mise Code
TAXING AUTHORITY
COUNTY-AGGREGATE
SCHOOL-STATE LAW
SCHooL-LOc:AL BD.
OTY
SW FLA WTR MGMT.
PINELLAS ANCLOTE
PIN.CO.PLN.CNCL.
JUV. WELFARE BO.
SUNCST. TR.AUTH.
Assessed Value
1 725 800
STOWELL, ALLAN J
2873 THORNTON RD
CLEARWATER, FL 33759-4049
Legal Description
BROWN'S BAYVIEW, WM.
LOTS 10, 11, 12 & LAND TO
WATER, PRIVATE THORNTON RD
1/2 VAC ROGERS ST AND BAY
MILLAGE
RATE
6.8010
5.1910
3.1990
5.7530
.4220
.4000
.0218
.8117
.6377
TAXES LEVlED
$11,567.14
$8,828.85
$5,440.86
$9,784.70
$717.74
$680.32
$37.08
$1,380.54
$1,084.60
CODvright @1999-200S VisualGov Solutions, LLC. All rights reserved. I Prlvacv Policy I Terms of Use
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3/2/2006
Property Appraiser General Information: 17/29/16/12312/000/0100
Page 1 of1
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Parcel Number 17/29/16/12312/000/0100
Data Current as of February 28,2006 [11:36 am Thursday March 2]
Residential Property Owner, Address, and Sales
BROWNS BAYVIEW, WM. LOTS 10,11,12 & LAND TO WATER, PRIVATE THORNTON RD 1/2 VAC
ROGERS ST AND BAY
** Click here for full legal **
Current Exemptions
Homestead: Yes Use: 25% Ownership: 100% Tax Exempt: 0%
Government: No Institutional: No Agricultural: $0 Historic: $0
2005 Value Parcel Information
Comparable Sales value based on historical BookJPage:05130/0288 Land Use: Vacant Residential/Condo (08)
sales from 2003-2004: Census Tract: 254,05 Evacuation Zone: C
$0 Property Address
Just/Market Value: $1,967,000 History Mailing Address
STOWELL, ALLAN J
Save-Our-Homes Cap 2873 THORNTON RD 2901 TIIORNTON RD
Assessed Value/Save our Homes Cap: CLEARWATER FL 33759-4049
$1,725,800 I Plat Year Plat BooklPage(s) I
Taxable Value: $1,700,800 1887 OHlI 013
Warning: A significant taxable value Sale Date Book/Page Price 001 YLI
increase may occur when sold. Click ~
for details and info. regarding the posting 1/1981 5130/288 $30,000 U V
of exemptions. Land Information
2005 Tax Information Seawall: No Frontage: Tampa Bay View:
Tax District: CW Land Use Land Size Unit Value Units Method
Millage: 23.2372 Multi-Family
Special Tax: $.00 - Less than 5 5.00 457,463.00 S
Taxes: $39,521.83 units
Taxes without Save-Our-Homes $45 126.64
cap: '
Taxes without any exemptions: $45,707.57
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page
http://www.pcpao.orglgeneral.php?pn=162917123120000100
3/2/2006
Pinellas County Property Appraiser Information: 17 29 16 12312 000 0100
17 I 29 / 16 / 12312 I 000 / 0100
Page 2of8
OZ-Mar-Z006 J ir>1 Sr>1ith, CFA Pinell~ County Property Appraiser 11:46:11
Ownership Inforlllation Residential P rope rty Address. Use. and Sal.es
STO.....ELL. ALLAN J OSK: 05138 OPI3: OU8
Z813 THORNTON RD
CLEAR.....ATER fL 33759-4049
EVAC: C EUAC
COMparable sale!l value as Prop Addr: ZSOI THORNTON RD
of Jan 1, 2005, based on Census Tract: Z 54. 05
sales froM 2003 - 2004:
, Sale Date OR Book/paee Price (Qual/Un") Vac/IMP
Plat InforMation 1 11, 981 5.130/ Z88 30.000 (U) U
1887: Book OHl Pgs 013- 0 /0 01 0 0 ( )
0008: Book Pgs - 0 /0 8/ 8 0 ( )
0000: Book Pgs - 0 /0 0/ 0 0 ( )
2005 Value EXEMP nONS
Just/Market: 1,967,008 HOMestead: YES Ownership "l 1. 000
SAUE-OUR-HOHES CAP Govt ExeM: NO Use ~: . Z50
Assessed/Cap: 1. 7Z5. 800 Institutional ExeM: NO Tax Exempt ~: .000
Historic ExeM: 0
Taxable: 1. 100, 000 Agricul tural: 0
2004 Tax InforMation
District: C..... Seawall: Frontage: Talllpa Bay
CJ.earlllater View:
05 Millage: n. 2372 Land Size Unit Land Land Land
Fron t x Depth Price Units Meth
05 Taxes: 39. 5Z1. 83
1) 0 x 0 5.00 457.463.0 5
Special Tax .00 2) 0 x 0 .DO .00
3) 0 x 0 .00 .00
Without the Save-Our-HOMeS 4) 0 x 0 .00 .00
cap, 2006 taxes will be : 5) 0 x 0 .00 .80
45,1Z6.64 6) 0 x 0 .00 .00
Without any exeMption!l,
2005 taxes will be :
45.707.57
Short Legal BROWN'S BAYUIE...... WH. LOTS 10, 11. lZ a LAND TO
Description WAT ER, PRIUATE THORNTON RD llZ UAC ROGERS ST AND BAY
Building Information
Property and Land Use Code descriptions
. Building 1
http://pao.co.pinellas.fl.us/htbinlcgi-scr3?o=l&a=1 &b=1&r=&s=1&u=0&p=17+29+ 16+ 12312+000+0 100... 312/2006
Pinellas County Property Appraiser Information: 17 29 16 12312 000 0 I 00
. Building 2
. Building 3
. BuildingA
. Building 5
. Building 6
Page 3 of8
Building #1
17 / 29 / 16 / 12312 / 000 / 0100 :01
02-Har-2006 Ji~ S~ith. CFA Pinell~ County Property Appraiser 11:46:11
Re~idential Card 01 of 6 Prop Use: 222 Land Use: 88 Living Units: 1
I~p Type: Single fa~ilg Prop Address: 2901 THORNTON RD
Structural Elements
Foundation
Floor SysteM
Exterior' Wall
Roof Frall1e
Roof Cover
Piers
Yood
Frane/Het.al
Gab1.e-Hip
Co~posite Shlng1.e
Qual! ty
Vear Built
Effective Age
Heating
Cooling
Fixtures
Other Depreciation
Functional Depreciation
Econono~ic Depreciation
Ave rage
1.952
40
None
None
3
o
o
o
# Stories 1.0
Floor FiniSh Crpt/Unyl/S,tWd/Terr
Interior FiniSh Drywal1./Plaster
Sub Areas
Description Factor Area Description Factor Area
1) Base iArea 1.00 160 7) .01 0
2) Carpo rt .25 448 8) .01 0
3) Open Porch .15 84 9) .00 0
4) .08 0 10) .00 0
5) .00 8 11) .00 I
6) .00 0 12) .00 0
Residential Extra Features
Description Oi~ensions Price Units Value ReO Year
1) fIREP LAC E SHALL 800.00 1 800 800 1.952
2) PiAT:IO/DECK 9X14 18.00 126 1. 260 500 1.952
3) .08 0 0 0 0
4) .00 0 0 0 0
5) .00 0 0 0 I
6) .00 0 0 0 0
TOTAL RECORD VALUE: 1.300
Building #2
http://pao.co.pinellas.fl.us/htbinlcgi-scr3?0=1&a=1&b= l&r=&s= l&u=O&p= 17+29+ 16+ 12312+000+0100... 3/2/2006
Pinellas County Property Appraiser Information: 172916123120000100
Page 4 of8
17 / 29 / 16 / 12312 / 000 / 0100 :02
0!-Har-208' JiM SMith, CFA Pinellas County Property Appraiser 11:46:12
Residential Card 02 of 6 Prop Use: 222 Land Use: 08 Living Units: 1
IMp Type: Single Family Prop Address: 2873 THORNTON RD
Structural
Elements
Foundation
Floor SysteM
Exterior Wall
Roo f FraJ'le
Roof Cover
Continuous Wall
Slab on Grade
ConcBk Stucco/Reclad
Gable-Hip
Cone Tile/Rvg Htl
Quality
Year Suil t
Effective Age
Heating
Cooling
Fixtures
Other Depreciation
Functional Depreciation
Econonomic Depreciation
Ayerage
1. 966
30
Central Duct
COOling (Central)
6
o
8
o
# Stories 1.0
Floor FiniSh Crpt/Unyl/S~tUd/Terr
Interior Finish Dry_all/Plaster
Su.b
Areas
Description Factor Area oescription Factor Area
1) Base Area 1.00 1, 165 7) .00 0
2) Enclosed Po rch .60 144 8) .00 0
3) Garage .35 624 9) .011 0
4) .00 0 10) .00 0
5) .00 0 11) .011 0
6) .80 8 12) .00 8
Residential Extra Features
Description DlfYlensions Price Un its Value ReO Year
1) CARPORT 392SF !t.00 3!tZ 3.538 2.510 1.995
2) .00 0 0 0 0
3) .00 0 0 0 0
4) .00 8 0 0 0
5) .00 0 0 0 0
6) .00 0 0 0 8
TOTAL RECORD VALUE: 2.510
Building #3
http://pao.co.pinellas.fl.uslhtbin/cgi-scr3?0=1&a=1&b=1&r=&s= 1 &u=O&p= 17+29+ 16+ 12312+000+0 100... 3/2/2006
Pinellas County Property Appraiser Information: 17 29 16 12312 000 0100
Page 5 of8
17 / 29 / 16 / 12312 / 000 / 0100 :03
OZ-Har-ZOOfi JiM SMith, CFA Pinellas County Property Apprai~er 11:4fi:IZ
Residential Card 03 of 6 Prop Use: ZZZ Land Use: OB Living Units: I
IMp Type: Sing~e fami~y Prop Addre~~: Z901 THORNTON RD
Structural
Elements
Foundation
Floor SysteM
Exterior .Wall
Roof FraJYJe
Roof Cover
Continuous Wal~
Wood
FraJlle/Siding
Oabl.e-Hip
Co~posite 5hing~e
Quali ty
Year Built
Effective Age
Hea t ing
Coo ling
Fixtures
Other Depreciation
Functional Depreciation
EcononoMic Depreciation
Average
1.953
45
Central Duct
Coo~ing (Central)
3
o
o
o
# Stories 1.0
Floor Finish Crpt/Uny~/S'tWd/Terr
Interior FiniSh Dryua~~/Plaster
Sub
Areas
De~criptinn Factor Area Description Factor Area
1} Base Area 1.00 682 7} .00 0
2) Base Sem finished .80 550 B) .80 0
3) .00 0 9) .00. 0
4) .00 0 10) .00 0
5) .00 0 11) .00 0
6) .00 0 12) .00 0
Residential Extra Features
Description Dil"len~ions Price Units Value Reo Year
1) . 00 8 0 0 0
2) . 00 0 0 0 0
3) . 00 0 0 0 0
4) . 00 0 0 0 0
6) . 011 0 0 0 0
6) . 00 . 0 0 0
TOTAL RECORD VALUE: 0
Building #4
http://pao.co.pinellas.fl.us/htbinlcgi-scr3?o=1&a=1&b==1&r=&s=l&u=O&p=17+29+ 16+ 12312+000+0100... 3/2/2006
Pinellas County Property Appraiser Information: 17 29 16 12312 000 0100
17 / 29 / 16 / 12312 / 000 / 0100 :04
Page 60f8
02-Har-2006 JiM SMith, CFA Pinellas County Property Appraiser 11:46:12
Residential Card 04 of 6 Prop Use: 222 Land Use: 08 Living Units: 1
IMP Type: Single Family Prop Address: 2901 THORNTON RD
Structural
Elements
Foundation
Floor SysteM
Exterior Wall
Roof Frafile
Roof Cover
Continuous Wall
SI.,ab on Grade
Fraflle/Siding
Gable-Hip
Composite Shingle
Quality
Year Built
Effective Age
Heating
Coolini
Fixtures
Other Depreciation
Functional Depreciation
EcononoMic Depreciation
Ave rage
I. 951
25
Central. Duct
Cool.ing (Central)
3
o
o
o
# Stories 1.0
Floor Finish Crpt/Unyl/Sft~/TBrr
Interior Finish Drywall./Pl.aster
Sub
Areas
Description Factor Area Description Factor Area
1) Base Area I. 00 696 7) .00 0
2) Base SeMi FiniShed .80 240 8) .00 0
3) Screen Porch .25 84 9) .00 0
4) Uti1ity . Z5 50 10) .00 0
6) .00 0 11) .00 0
6) .00 0 12) .00 0
Res~dential Extra Features
De!lcription DifYlensions Price Units Value ReO Year
1) .00 0 0 0 0
2) .00 0 0 0 0
3) .00 0 0 0 0
4) .00 0 0 0 0
5) .00 0 0 0 0
6) .08 0 0 0 0
TOTAL RECORD VA LU E : 0
Building #5
http://pao.co.pinellas.fl.us/htbin/cgi-scr3 ?o=l&a=l &b=l&r=&s=l&u=O&p= 17+29+ 16+ 12312+000+0100... 3/2/2006
Pinel1as County Property Appraiser Information: 172916123120000100
Page 7 of8
17 / 29 / 16 / 12312 / 000 / 0100 :05
OZ-Mar-Z006 JiM SMith, CFA Pinellas County Property Appraiser 11:46:13
Residential Card 05 of 6 Prop Use: ZZZ Land Use: 08 living Units: 1
IMp Type: Single FaMily Prop Addre~~: %101 THORNTON RD
Structural
Elements
Foundation
Floor Systel'l
Exterior Wall
Roof FraJ'fle
Roof Cover
Piers
Wood
FraJ1le/Slding
Gable-Hip
Co~posite Shingle
Quality
Year Built
Effective Age
Heating
Cooling
Fixturee
Other Depreciation
Functional Depreciation
Econonol'lic Depreciation
Average
i,!I41
40
Central Duct
Cooling (Central)
3
o
o
o
# stories 1.0
Floor Finish Crpt'Un~I/SftWd/Terr
Interior Finish Dry~all/Plaster
Su.b
Areas
Description Factor Area Description F ac tor Area
1) Base Area L 00 956 n .00 0
2) Carpo rt .15 lU 8) .00 0
3) .00 0 9) .00 0
4) .00 0 10) .00 0
5) .00 0 11) .00 0
6) .00 0 12) .00 0
Resident~al Extra Features
Deecription DiMensions Price Units Value ReO Year
1) .00 0 0 0 0
2) .00 0 0 0 0
3) .00 0 0 0 0
4) .00 0 0 0 0
5) .00 0 0 0 0
6) .01 0 0 . 0
TOTAL RECORD VALUE: 0
Building #6
http://pao.co.pinellas.fl.us/htbin/cgi-scr3 ?0=1 &a= 1&b= 1 &r=&s=l &u=O&p= 17+29+ 16+ 12312+000+0100... 3/2/2006
Pinellas County Property Appraiser Information: 172916 123120000100
Page 80f8
17 / 29 / 16 / 12312 / 000 / 0100 :06
OZ-Har-Z006 JiM SMith, CFA Pinella~ County Property Appraiser 11:46:14
Re~idential Card 06 of 6 Prop Uee: ZZ2 Land Use: 08 Living Unite: 1
IMP Type: Single Fanil~ Prop Address: 2901 THORNTON RD
Structural
Elements
Foundation
Floor SysteM
Exterior Wall
Roof FraMe
Roof Cover
Continuous Vall
Slab on Ii rade
FraJlte/Siding
6able-Hip
Conposition Roll
Quali ty
Year Built
Effective Age
Heatini
Coo ling
Fixtures
Other Depreciation
Functional Depreciation
EcononoMic Depreciation
Average
1.947
40
Central Duct
COOling (Central)
3
o
o
o
# Stories 1.0
Floor Finish Crpt/Vn~l/S~tWd/Terr
Interior Finish Drywal1/Pla~ter
Sub
Areas
Description Factor Area Deecription Factor Area
1) Base Area 1.00 609 7) .00 0
2) Utili ty .25 609 8) .08 0
3) Carport .15 110 9) .00 0
4) .00 0 10) .00 0
5) .00 0 11) .08 8
6) .80 0 12) .00 8
Residential Extra Features
Description DiMensions Price Units Value ReO Year
1) PATIO/DECK IOXI0 20.01 100 2.001 1.420 1. 995
2) .00 0 0 0 0
3) .00 0 0 0 0
4) .00 0 1 0 0
5) .00 0 0 0 0
6) .00 0 0 0 0
TO TA L RECORD VALUE: 1.420
Pinellas County Property Appraiser
Parcel Information
Back to Search Page
An explanation of this screen
http://pao.co.pinellas.fl.us/htbinlcgi-scr3?0=1&a=1 &b=l &r=&s=l&u=O&p= 17+29+ 16+ 12312+000+0 100... 3/2/2006
Diane Nelson - Pinellas County Tax Collector
Page 1 of 1
Pinellas County Website
HOME PAGE I TAXCOLLECTOR WEB SITE I ONUNE PAYMENT HELP I CONTACT TAX COLLECTOr
Diane Nelsoltuc
'. I
M/WW.trD'collettt'tJm
,~toOOlen<~.~",
New Search I Return To Search Results I Print Bi
NOTICE OF AO VALOREM TAXES & NON-AD VALOREM ASSESSMENTS
AD VALOREM T~ES PINELLAS COUNTY TAX COLLECTOR
2005 REAL ESTATE TAX/NOTICE RECEIPT FOR PINELLAS COUNTY RE 245891-7
PAY. IN U.S. FUNDS TO DIANE NELSON TAXCOLLECTOR . P.O. BOX 10832 . CLEARWATE FL 33757M8832. 727 562-3262
GROSS TAX ANT DATE PAID RECEIPT NO REGISTER VALIDATED ANT
$16,033.67 01/25/06 181058 55 $15,713.00
Mise Code
TAXING AUTHORITY MILLAGE RATE
COUNTY-AGGREGATE 6.8010
SCHOOL-STATE LAW 5.1910
SCHOOL-LOCAL BO. 3.1990
CITY 5.7530
SW FLA WTR MGMT. .4220
PINELLAS ANCLOTE .4000
PIN.CO.PLN.CNCL. .0218
JUV. WELFARE BO. .8117
SUNCST. TR.AUTH. .6377
Assessed Value
690 000
STOWELL, ALLAN J
2873 THORNTON RD
CLEARWATER, FL 33759-4049
Legal Description
BAY HEIGHTS SUB
N 164FT OF LOTS 1,2 & 3
AND LOTS 14, 15, 16 AND
VAC ALLEY BETWEEN
TAXES LEVIED
$4,692.70
$3,581. 79
$2,207.31
$3,969.57
$291.18
$276.00
$15.04
$560.07
$440.01
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3/2/2006
Building Data for this
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Question/Comment about this
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Property Appraiser General Information: 17/29/16/03546/000/0010
Parcel Number 17/29/16/03546/000/0010
,
Data Current as of February 28,2006 [11:36 am Thursday March 2]
Nonresidential Property Owner, Address, and Sales
BAY HEIGHTS SUB N 164FT OF LOTS 1,2 & 3 AND LOTS 14, 15, 16 AND V AC ALLEY BETWEEN
Current Exemptions
Homestead: No Use: 0% Ownership: 0% Tax Exempt: 0%
Government: No Institutional: No Agricultural: $0 Historic: $0
2005 Value Parcel Information
Comparable Sales value based on historical BookJPage:OOOOO/OOOO Land Use: Restaurants (21)
sales from 2003-2004: Census Tract: 254.05 Evacuation Zone: NON-BV AC
$0
Just/Market Value: $690,000 History Mailing Address Property Address
STOWELL, ALLAN J
Assessed ValuelSave our Homes Cap: 2873 THORNTON RD 2871 GULF TO BAY BLVD
$690,000 CLEARWATERFL 33759-4049
Taxable Value: $690,000 I Plat Year Plat BooklPage(s) I
Warning: A significant taxable value 1926 011/ 115
increase may occur when sold. Click ~
for details and info. regarding the posting Sale Date BookJPage Price QLlI VII
of exemptions. No Recent Sales
2005 Tax Information Land Information
Tax District: CW Seawall: Frontage: None View:
Millage: 23.2372 Land Use Land Size Unit Value Units Method
Special Tax: $.00 Restaurants 150 x 274 10.00 41,100.00 S
Taxes: $16,033.67 Vacant 450 12,600.00 S
Taxes without Save-Our-Homes $16 033.67 Commercial
cap: '
Taxes without any exemptions: $16,033.67
Building Data for this
parcel
M~ of this
parcel
Back to Query
Results
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Search Infonnation
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http://www.pcpao.org/general.php?pn= 1629170354600000 1 0
3/2/2006
PinelIas County Property Appraiser Information: 17 29 16 03546 000 0010
Page 2 of3
17 / 29 / 16 / 03546 I 000 / 0010
OZ-Har-Z006 JiM Smith, CFA Pinellas County Property Appraiser 11:45:44
Ownership Inforl"lation I Non-R811iidentia.l P rope rty Add ress. Use. and Sa.les
STOWElL. ALLAN J OBK; 00000 OPG: 0000
2873 THORNTON RD
CLEARWATER FL 33759-4049
EVAC: Non-EUAC
Comparable sales value as Prop Addr: U1i GULF TO BAY BLUD
of Jan i- 2005, based on Census Tract: 254.85
sales from 2003- 2004:
8 Sale Date OR BoOk/Page Price (Qual/UnQ) Vac/IMp
Plat Information 8 /0 01 8 0 ( )
1926: Book 011 Pgs 115- 8 10 01 0 0 ( )
0000: Book Pgs - 0 10 01 0 0 ( )
0000: Book Pgs - 0 10 0/ 0 0 ( )
2005 Value EXEMPTIONS
Jus t 1 Marke t : 690.800 HOMestead: NO Ownership t .000
Govt Exem: NO Use 1.: .000
Assessed/Cap: 690.000 Institutional ExeM: NO Tax ExePlpt 1.: .000
Historic ExeM: 0
Taxable: 690.008 Agricultural: 0
2004 Tax Information
,
District: CW Seawall: Frontage:
C1eal"1llater View:
05 Millage: 23.2372 Land Size Unit Land Land Land
Front x Depth Price Units Math
05 Taxes: 16.833.67
1) 150 x 214 10.00 41.100.00 S
Special Tax .80 Z) 0 x 0 4.50 iZ. 600.80 S
3) 0 x 0 .00 .10
Without the Save-Our-Homes 4) 0 x 8 .00 .00
cap, 2005 taxes will be : 6) 0 x 0 .00 .08
16.833.61 6) 0 x 0 .00 .00
Without any exeMptions,
2005 taxes will be :
U. 033. 61
Short Legal BAY HEIIJHTS SUB N 164FT OF LOTS 1.2 3: 3
Description AND LOTS 14. 15. 16 AND VAC ALLEY BETWEEN
Building Information
Property and Land Use Code descriptions
http://pao.co.pinellas.fl. us/htbinlcgi-scr3 ?o= 1 &a= 1 &b= 1 &r=&s= 1 &u=O&p= 17+29+ 16+03546+000+00 10... 3/2/2006
Pinellas County Property Appraiser Information: 17 29 16 03546 000 0010
Page 3 of3
17 I 29 I 16 I 03546 / 000 / 0010 :01
02-Har-2006 JiM SMith, CFA Pinellas County Property Appraiser 11:45:44
COMMercial Card 01 of 1 IMprOVeMent Type: Rest/Lounge/Driye-in
Property Address: 2811 GULF TO BAY BLVD Prop Use: 325 Land Use: 21
Structural Elements
Foundation
Floor SysteM
Exterior Wall
Height Factor
Party Wall
Structural FraMe
Roof FraMe
Roof Cover
Cabinet & Mill
Floor Finish
Interior Finish
Total Units
Continuous Footing
Slab on Grade
Cone Block/Stucco
o
None
None
Bar Joist/Rigid FraM
Built Up/Hetal/6gps
Average
Carpet COMbination
Panel/Plastr/Dry.all
o
.
Heating & Air Heatlngacooling Pckg
Fixtures 10
Bath Tile
Electric
Shape Factor
Quali ty
Year Buil t
Effective Age
Other Depreciation
Function Depreciation
EconOMic Depreciation
Floor + Hal'"
Ave rage
Rectangle
Average
"'all
1.Ul
15
o
o
o
Sub Areas
Description Factor Area Description Factor Area
1) Base A rea 1.00 5.448 7) .00 0
2) Canopy .25 1 . 44 6 8) .00 0
3) .00 0 9) .00 0
4) .00 0 10) .80 0
5) .00 0 11) .00 0
6) .00 0 12) .00 I
Commercial Extra Features
Description OiMen~ions Price Units Value ReD Year
1) ASPHALT 15000 1. 15 15.000 26.250 26.250 999
2) .00 0 0 0 0
3) .00 0 0 0 0
4) .00 0 0 0 0
5) .00 0 0 . 0
6) .00 0 0 0 0
TOTAL RECORD VALUE: 26.250
Pinellas County Property Appraiser
Parcel Information
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Diane Nelson - Pinellas County Tax Collector
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HOME PAGE I TAXCOLLECTOR WEB SITE I ONUNE PAYMENT HELP I CONTACT TAX COLLECTOI
Diane Nelsoft,CFC
WIt'W.ta.ml~
C4~toCJtiml.cbdvett~
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NOTICE OF AD VALOREM TAXES & NON-AD VALOREM ASSESSMENTS
AD VALOREM TAXES PINELLAS COUNTY TAX COLLECTOR
2005 REAL ESTATE TAX/NOTICE RECEIPT FOR PINELLAS COUNTY RE 245889-1
PAY IN U.S. FUNDS TO DIANE NELSON TAXCOLLECTOR . P.O. BOX 10832 . CLEARWATE FL 33757.8832. 727 562-3262
GROSS TAX AMT DATE PAID I RECEIPT NO REGISTER VALIDATED AMT
$2,853.53 11/23/05 001696 34 $2,739.39
M isc Code
TAXING AUTHORITY
COUNTY-AGGREGATE
SCHOOL-STATE LAW
SCHOOL-LOCAL BO.
CITY
SW fLA WTR MGMT.
PINELLAS ANCLOTE
PIN.CO.PLN.CNCL.
JUV. WElfARE BD.
SUNCST, TR.AUTH.
Assessed Value
122 800
Parcel #
STOWELL PROPERTIES
2873 THORNTON RD
CLEARWATER, FL 33759-4049
Legal Description
BASKIN'S REPLAT RESUB
E 274.22FT OF W 1206.22FT
OF N 150FT OF LOT 2
MILLAGE RATE TAXES LEVIED
6.8010 $835.16
5.1910 $637.45
3.1990 $392.84
5.7530 $706.47
.4220 $51.82
.4000 $49.12
.0218 $2.68
.8117 $99.68
.6377 $78.31
v.c m CODvriaht @1999-2005 VlsualGov Solutions, LLC. All rights reserved. r Prlvacv Pollcv I Terms of Use
http://www.visualgov.com/pinellascounty/RTaxBill.aspx?ItemNumbe.r=245889
3/2/2006
Property Appraiser General Information: 17/29/16/03006/000/0204
- -
Parcel Number 17/29/16/03006/000/0204
Data Current as of February 28,2006 [11:35 am Thursday March 2]
Vacant Property Owner, Address, and Sales
BASKIN'S REPLAT RESUB E 274.22FT OF W 1206.22FT OFN 150FT OF LOT 2
Current Exemptions
Homestead: No Use: 0% Ownership: 0% Tax Exempt: 0%
Government: No Institutional: No Agricultural: $0 Historic: $0
Parcel Information
BooklPage: 11039/1381 Land Use: Vacant Commercial (10)
2005 Value Census Tract: 254,05 Evacuation Zone: D
Comparable Sales value based on historical Mailing Address Property Address
sales from 2003-2004:
$0 STOWELL PROPERTIES
2873 TIIORNTON RD
Just/Market Value: $122,800 History CLEARWATERFL 33759-4049
Assessed Value/Save our Homes Cap: I Plat Year Plat BooklPage(s) I
$122,800 1948 0241 042
Taxable Value: $122,800
Warning: A significant taxable value Sale Date Book/Page Price QIU YlI
increase may occur when sold. Click ~ 9/2000 11039/1381 $156,200 U V
for details and info. regarding the posting 1977 4552 1 1976 $3,000 Q I
of exemptions. 1977 4552/1976 $3,000 U V
2005 Tax Information 1972 38121586 $35,300 Q I
Tax District: CW Land Information
Millage: 23.2372 Seawall: Frontage: None View:
Special Tax: $,00 Land Use Land Size Unit Value Units Method
Taxes: $2,853.53 Vacant
Taxes without Save-Our-Homes $2 853.53 Commercial 5.50 26,201.00 S
cap: · Sewage
Taxes without any exemptions: $2,853.53 Disposal, 1,000.00 .34 A
WaSte Lands,
Swamp
Extra Features for this Map oftrus
parcel parcel
Extra Features for this Map of this
parcel ~
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http://www.pcpao.org/general.php?pn=1629l7030060000204
3/2/2006
Pinellas County Property Appraiser Information: 1729 16030060000204
Page 2 of3
17 I 29 / 16 / 03006 / 000 / 0204
OZ-Har-2006 Jil'l Sl'lith, CFA Pinellas County Property Appraiser 11: 44: 43
Ownership InforMation Uacant Property Use and Sales
STOWELL PROPERTIES OSK: 11039 OPG: 1381
2813 THORNTON RD
CLEARWATER fL 33159-4049
EVAC: 0 EUAe
COl'lparable sales value as Prop Addr: 0
of .Jan 1, 2006, based on Census Trac t: 254.05
sales frol'l 2003 - 2004:
0 Sale Date OR Book/Page Price (Qual/UnQ) Vael II'lp
Plat InforMation 9 12.000 11,039/1.381 156.200 (U) U
1948: Book 024 Pg~ 042- 0 /1.977 4.552/1, 976 3.000 (Q) I
0000: Book Pgs - 0 /1.977 4.552/1, 976 3.000 (U) u
0000: Book Pgs - 0 /1,912 3.812/ 586 35.300 (Q) I
2005 Value EXEMP nONS
Just IMarke t ; 122.800 HOl'lestead: NO Ownership 1 .000
Govt Exel'l: NO Use 1: .000
Assessed/Cap: 122.800 In~titutional Exel'l: NO Tax ExeMpt t: .000
Historic EX61'l: 0
Taxable: 122.800 Ag r icu 1 tural : 0
2004 Tax Inforl'lation
.
District: CW Seawall: Frontage:
C1earwater View:
05 Millage: 23.2H2 Land Size Unit Land Land Land _
Fron t x Depth Price Units Meth
05 Taxes: 2.853.53
1) 0 x 0 5.50 2fi. 201. 00 S
Special Tax .00 2) 0 x 0 L 000.00 .34 A
3) 0 x 0 .80 .00
Without the Save-Our-Hol'lea 4) 0 x 0 .00 .00
cap, 2005 taxes will be : 5) 0 x 0 .00 .00
2.853.53 6) 0 x 0 .00 .00
Without any exeMptions,
2005 taxes will be :
2.853.53
Short Legal BASKIN'S REPLAT RESUB E 214. 22FT OF W 1206.ZZFT
Description OF N 150FT Of LOT 2
Building Information
Property and Land Use Code descriptions
http://pao.co.pinellas.fl.uslhtbin/cgi-scr3?0=]&a=]&b==1&r=&s= 1 &u=O&p= 17+29+ 16+03006+000+0204... 3/2/2006
Pinellas County Property Appraiser Information: 172916030060000204
Page 3 of3
17 / 29 I 16 I 03006 I 000 / 0204
02-Har-2006 JiM SMith, CFA Pinella5 COunty Property Appraiser
Vacant Parcel Property Use: 000 Land Use: 10
11 :44:43
Vacant Extra Features
Dl!~cription Oifllensions Price unit~ Value ReO Year
1) .00 , 0 lJ 0
2) .00 U 0 0 0
3) .00 0 0 0 0
4) .00 0 0 0 0
5) . DO 0 0 0 0
6) .00 0 0 0 0
TOTAL RECDRD VALUE: 0
Pinellas County Property Appraiser
Parcel Information
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ALLAN J. STOWELL
2873 Thornton Road
Clearwater, Florida 33759
(727) 799-3500
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William D. Brinton
1301 River:place Boulev-atd . Suite 1500
Jrlsooville, Florida 3Z2IJ1
904 . 398.3911 Main
904.3% . 0663 Fax
W'.WI.rtlaw.com
ATTORNEYS AT lAW
904 . 346 . 5537
WBrinton@rtJaw.com
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,
February 26,2006
Leslie K. Dougall-Sides
Assistant City Attorney
City of Clearwater
P.O. Box 4748
Clearwater, FL 33758-5103
Re: In re Stowell Matter
Dear Ms. Dougall-Sides:
Per our discussion and based upon the documentation developed during litigation in
several other matters over the past few years, I have prepared a recap of the amortization issues
and relevant chronology pertaining to the matter involving Mr. Stowell. Some of the information
was taken from the findings of fact in another matter involving Mr. Stowell and the Florida
Department of Transportation.
In that proceeding, the administrative law judge expressly concluded that the City of
Clearwater acted properly ten years ago when FDOT denied state permits for Mr. Stowell's
billboard in 1997. Mr. Stowell appealed the ultimate Final Order entered in 1998 in that case.
The Florida Second District Court of Appeals ,affmned the Final Order in 1999. The Final Order
required Mr. Stowell to remove the subject billboard on Gulf-to-Bay Boulevard. There was a
stay entered by the FDOT in 2000 on an oral motion by Mr. Stowell, and according to the stay
order Mr. Stowell agreed to be bound by its conditions. With the National matter no longer
pending, I expect that the FDOT will now give notice to Mr. Stowell and he will be required to
comply with the FDOT's directives as he had agreed to do some six years ago as a "condition" to
that stay. If not, I expect that the FDOT will act in accordance with the Final Order that was
upheld on appeal and for which there is no further appeal.
I am attaching the aforesaid recap with a very detailed timeline. I believe it to be
accurate in all respects and it may prove a helpful resource.
~~
William D. Brinton
Attachment
In re Matter of Stowell Billboard
1. Amortization as Applied to Signs. The issues involved in the matter of Mr.
Stowell involve the City's use of the land use principal of amortization as applied to signs. A
visual depiction of the results achieved through amortization was noted in photo comparisons
along Gulf-to.Bay Boulevard, between 1988 and 2002, which was part of the evidentiary record
in the Granite State litigation against the City of Clearwater during 2001-2004.
2. Legal Principles Behind Amortization as a Land Use Tool. A principal land use
tool involved in the regulation of billboards is "amortization." Amortization allows a time
period (sometimes referred to as a grace period) for a billboard/sign owner to recoup its
investment in a nonconforming sign structure before the same has to be removed or otherwise
brought into conformity with existing law (such as being downsized). In one of the country's
leading billboard decisions, a federal appellate court observed that amortization allows for a
"middle ground" between summary tennination of a non-confonning use and indefInite
continuance of such a use. Maior Media of the Southeast, Inc. v. City of Raleigh, 792 F.2d 1269,
-. ...
1273 (4th Cir. 1986), cert. denied, 479 U.S. 1102,941. Ed. 2d 185, 107 S. Ct. 1334 (1987). In
Florida, a reasonable amortization period has been held to be "a reasonable substitute" to "lump
sum compensation." Lamar Advertising Associates of East Florida. Limited v. City of Davtona
Beach, 450 So.2d 1145, 1150, n. 7 (Fla. 5th DCA 1984).
3. The Highwav BeautifIcation Act of 1965. The federal Highway Beautification
Act of 1965 (the "HBA" or the "Lady Bird Act") plays a role inasmuch as Gulf.to-Bay Blvd. (G.
T-B Blvd.) (S.R. 60) was a federal-aid primary highway from May 22, 1974 to July I, 1976.
Then, nineteen years later on November 28, 1995, a segment ofG-T-B Blvd. again became part
of the national highway system (federal-aid primary highway). In order to meet the "effective
control" provisions of the HBA, a state has to "pay" just compensation to the owner of a
billboard for any required removal of the structure, hut this does not apply to what is known as
downsizing (altering the height and/or size of a billboard structure) unless it amounts to a
4. Mr. Stowell's 1972 Purchase of Real Property on G-T-B Blvd. In 1972, Mr.
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"taking" under state law. However, the courts have held that a four-year statute of limitations
begins on the date of passage of an ordinance if the provisions therein amount to a "taking."
Stowell purchased the real property on which the subject billboard was later erected in 1982 (see
below). At the time of his purchase, Foster & Kleiser ("F&K") reportedly owned a billboard
5. Variance Obtained From Former Height and Size Limitations in Effect in 1981.
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situated on Mr. Stowell's real property. Subsequently, Mr. Stowell obtained F&K's agreement
on August 3, 1981 to remove the F&K billboard from the property so that Mr. Stowell could
erect his own billboard on the property.
In the early 1980's, where allowed, offsite signs (billboards) were subject to a 40-foot height
limitation and a 400-square foot size limitation. In late 1981, Mr. Stowell obtained a variance to
erect a billboard larger than 400-sqaure feet.
6. Stowell Billboard Constructed in 1982. Mr. Stowell's billboard structure was
constructed/erected in 1982. According to evidence adduced in a proceeding before a state
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administrative hearing office, Mr. Stowell borrowed $35,000 to erect the billboard structure.
7. May 14, 1985 Deliberations bv the Clearwater P&Z Board as to New LDC. In
the spring of 1985, the Clearwater Planning and Zoning Board ("P&Z Board') considered a
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proposed Land Development Code ("LDC"), including new sign regulations. On May 14, 1985
at the P&Z Board meeting there was a great deal of discussion over a proposed 5-vear
amortization schedule for signs that would become nonconforming under the new LDC.
-2-
8. May 23, 1985 City Commission Meeting. On May 23, 1985, the City
Commission held the first pubic hearing on the proposed LDC. Representatives of billboard
companies appeared and spoke against the proposed five-year amortization period. The minutes
reflect that the Commission approved changing the five-year amortization period to a seven-year
Discussion ensued regarding the possibility of lengthening the
amortization time, grandfathering in existing signs, and the need to develop a new
sign code. Also discussed was the need for a variance procedure to the
amortization schedule should it be established.
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amortization period:
Commissioner Garvey moved to approve Chapter 134 - Sign regulations
changing the amortization period from five years to seven years, to provide a
variance procedure for the amortization schedule. to look at the size of wall signs
if no pole signs are used, and to invite written input before drafting of the
ordinance. The motion was duly seconded. Upon a vote being taken,
Commissioners Garvey, Berfield, Regulski, and the Mayor voted "Aye".
Commissioner Winner voted ''Nay''. Motion carried.
(Emphasis added.)
9. Mav 28.1985 City Commission Meeting. On May 28, 1985, the Clearwater City
Commission held a second pubic hearing on the proposed LDC. The minutes do not reflect any -.
10. June 19, 1985 Recommendations by the PinelIas County Planning Commission.
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specific discussion as to the proposed sign regulations.
On June 19, 1985, the Pinellas County Planning Council met and approved the proposed LDC
for the City of Clearwater, which included the revised seven year amortization schedule.
11. August 13, 1985 City Commission Meeting. On August 13, 1985, the Clearwater
City Commission held the first of the two noticed public hearings on the proposed LDC as set
forth in proposed Ordinance 4053-85, including the proposed sign regulations and the
amortization provisions contained therein. One of the billboard companies' representatives
advised the City Commission that G-T-B Blvd. (SR-60) was a federal-aid primary ("FAP")
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highway, and that cash compensation would be required in connection with any required removal
of the billboards along G-T-B Blvd. This information was incorrect. G.T-B Blvd. was not a
FAP highway and was not subject to the provisions of Chapter 479, Florida Statutes. The
minutes reflect that the proposed ordinance was amended to remove 0- T - B Blvd. from the
Discussion ensued regarding the difference between billboards and other
signs and whether or not to include those billboards along Federal highways in the
amortization of nonconforming signs. Concerns were expressed regarding the
cost of compensating the owners for those particular signs.
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ordinance's amortization provisions. The minutes state as follows:
Commissioner Regulski moved to amend Sec. 134.015(c) to have the last
sentence read: "This requirement for compliance shall not include signs which
under the tenus of the Federal Highway Beautification Act and Sec. 479.24 of the
Florida Statutes requires just compensation to the property owner or signs located
on Gulf-to-Bay Boulevard east of Highland Avenue and on Federal Highway U.S.
19." Motion was duly seconded and carried unanimously.
(Emphasis added.)
12. August 29, 1985 City Commission Meeting. On Thursday, August 29, 1985, the
Clearwater City Commission held the second noticed meeting re the proposed LDC. Once again,
billboard company representatives spoke against including the billboards along G-T-B Blvd,
within the seven-year amortization schedule. One of the speakers on August 29, 1985 was Mr.
Stowell, who reportedly stated: "I feel that it is unfair and un-American when a man who has
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worked hard, grown up in a community and you take his business away from him. This
ordinance will do that when the amortization period is up." Commissioner Garvey moved to
amend Section 134.015(c) to include two separate exceptions for nonconforming signs to comply
with the new code. The first exception applied to "1) Any nonconforming sign located on an
interstate or federal aid primary highway (i.e., u.s. Highway 19 and State Road 580 east of U.S.
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Highway 19). The second exception was "2) Any nonconforming sign located on Gulf-to-Bay
Boulevard east of Highland Avenue (etc.)." This second exception would later be modified
following a citizens' initiative in 1988 and the passage of Ordinance No. 4753-88 (the "1989
Initiative Ordinance") on January 19, 1989 (see below). This exception was similar to the one
approved by the commission at its meeting on August 13, 1985. Commissioner Garvey's
13. Final Adoption of Ordinance No. 4035-85 (the "1985 LDC"). At the conclusion
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proposed amendment passed (3-2).
of the meeting on August 29, 1985, Ordinance No. 4035-85 was adopted, and became effective
45-days later on October 13, 1985.
14. September 23, 1988 Commencement of Citizens' Initiative vis a vis Billboards on
G-T-B Blvd. On September 23, 1988, the City Commission's exemption of G-T-B Blvd. from
the amortization provisions was the focus of a citizens' initiative commenced under the
Clearwater City Charter. The proposed initiative ordinance removed the special protection for
billboards along "Gulf-to-Bay east of Highland Avenue." The proposed initiative ordinance
required the billboards to either come into conformity with the City Code or be removed within
seven years from enactment of the ordinance.
15.
January 5, 1989 City Commission Meeting. On January 5, 1988, the Clearwater
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City Commission met and considered Ordinance No. 4753-88.
16. January 19. 1989 Adoption of Ordinance No. 4753-88 ("1989 Initiative
Ordinance"). On January 19, 1989, Ordinance No. 4753-88 (the "1989 Initiative
Ordinance") passed unanimously. Mr. Stowell's billboard then became nonconforming as
a result of the passage of this ordinance [seventeen years ago]. The billboard structure
either had to come into conformity or be removed within seven years from that date.
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17. January 19, 1989 Commencement Date for Statute of Limitations on a Takings
Claim (if anv). The statute of limitations in Florida for a takings claim resulting from the
passage of the 1989 Initiative Ordinance was four years. A takings claim, if any, had to be
18. September 17, 1992 Adoption of Ordinance No. 5257-92. On September 17,
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fIled on or before January 19,1993 [thirteen years ago].
1992, the City Commission adopted Ordinance No. 5257-92, which made various amendments
to Chapter 134 (Sign Regulations) of the Code of Ordinances. The ordinance provided a
definition for "freestanding sign" and continued the restrictions on height, size, etc. on
freestanding signs, such as Mr. Stowell's billboard. Freestanding signs were previously
identified as pole signs in Section 134.012.A.1 of the 1985 Code. For General Commercial
Districts, the height limitation remained at 20 feet, and the size limitation remained 64
square feet. Mr. Stowell's billboard (nonconforming since January 19, 1989) was not
rendered conforming by Ordinance No. 5257-92. Ordinance No. 5257-92 also amended
Section 134,015 (Nonconforming signs) to add a new subsection (g) as follows:
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(g) Any sign which is in violation of Ordinance 4035 or Ordinance 4753-
88 and which is not rendered conforming bv Ordinance 5257-92 shall be
considered to be in continued violation of this chapter as if Ordinance 5257-92
had not been adopted. In such cases, the adoption of Ordinance 5257-92 shall not
interfere with any pending proceedings before the municipal code enforcement
board or the COlUlty court or require the issuance of a new citation or notice to
appear, nor shall the adoption of Ordinance 5257-92 permit the amortization
period for any such si2l1 to beein anew.
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(Emphasis added.)
19. January 20, 1993 Expiration of Statute of Limitations and Bar of Takings Claims.
On January 20, 1993, the four-year statute oflimitations expired as to any takings claim that may
have resulted from the passage of Ordinance 4753-88, See National Advertising Co. v. City of
Raleigh, 947 F.2d 1158 (4th Cir. 1991), cert. denied, 504 U.S. 931, 112 S.Ct. 1997, 118 L.Ed.2d
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593 (1992); Lamar Adver. Of Mobile v. City of Lakeland, 980 F.Supp. 1455, 1462 (M.D.Fla.
1997) (Plaintiffs' cause of action accrued when Defendants took final action changing the status
of Plaintiffs' property by passing a new zoning ordinance. As such, since Plaintiffs' taking claim
accrued and became ripe at the time the 1990 Ordinance was enacted, Plaintiffs' action is barred
20. February 4. 1993 Adoption of 1993 Recodified Code. The Municipal Code
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by the statute of limitations).
Corporation then published Clearwater's Code of Ordinances in a recodified format with Code
sections extensively renumbered, and the r~codified code was adopted by Ordinance No. 5334-
21. 1994 Notices to Billboard Owners. In 1994, the City provided notices to
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93 on February 4, 1993 (the "1993 Recodified Code"). The Sign Regulations (that previously
appeared in Chapter 134 of the 1985 LDC) were located in Chapter 44 of the 1993 Recodified
Code.
billboard owners and property owners of billboard structures located along G-T-B Blvd. in
connection with the January 19, 1996 deadline for coming into conformance with the code. The
notices included the following:
City Code Section 44.55(3)(b) requires that all billboards on Gulf to Bay
Boulevard, east of Highland Avenue, be brought into conformance with code by
January 19, 1996. The City requests your cooperation and display of community
spirit by taking timely corrective action. Failure to correct your sign violation(s)
before January 19, 1996 will result in a Notice of Violation. Such action may
then result in legal action by the Municipal Code Enforcement Board.
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22. Recoupment of Investment. By November 28, 1995, based upon all available
information, it was clear that billboard owners had fully recouped several times over their
investments in the billboard structures located along G-T-B Blvd during the period that began
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running on January 19, 1989. According to the internal records of one company, it was
recouping an amount in excess of its original investment every one to two years.
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23. November 28, 1995 Designation Act. On November 28, 1995, S.R. 60 (G-T-B
Blvd.) east of u.s. 19 became part of the National Highway System. As a consequence, that
section of roadway was classified as a federal-aid primary (FAP) highway. As of that date, more
than 6-years and 10-months (i.e., 98%) of the 7-year amortization period had elapsed, and only
24. Mr. Stowell's Recoupment ofInvestment Prior to Passage of the Designation Act.
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52 days remained before the deadline for National's three billboards located along S.R, 60 east
of U.S. 19 to become conforming (downsized) orbe removed.
Based upon comparable records of other billboard owners, it is apparent that Mr. Stowell
recouped his full investment in the subject nonconforming billboard several times during the first
25. Mr. Stowell's Failure to Obtain State Permits. Prior to January 19, 1996 (the
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six years of the seven-year amortization period that had commenced on January 19, 1989.
deadline for compliance with Section 44.55(3)(b) of the 1993 Recodified Code, Mr. Stowell had
failed to obtain required state permits from the Florida Department of Transportation for the
subject billboard located on S.R. 60 east ofU-19.
26. January 20, 1996 Mr. Stowell's Billboard Become "Unlawful." On January 20,
1996, Mr. Stowell's billboard became unlawful under the Clearwater Code of Ordinances by
reason of its failure to come into compliance with the Code. Mr. Stowell had seven years to do
so.
27. September 17, 1996 Final Judgment Against Eller Media Com?anv. On
September 17, 1996, Judge Jaines R. Case entered a fmal judgment in favor of the City and
against Eller Media Company ("Eller Media") tJk/a Patrick Media Company in Patrick Media
Group, Inc. v. City of Clearwater, Case No. 93-174-CI (21), in the Circuit Court in and for
Pinellas County.
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28. October 29.1996 Position re IlIegal/UnlawfuI Status of Billboards alon!! G-T-
B Bvd. By letter dated October 29, 1996, the City advised the Florida Department of
Transportation that once the seven-year amortization period contained in the City sign
29. December 31. 1996 Stowell Application for Reinstatement of Permits. On
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regulations expired, any remaining nonconforming signs along G-T-B Blvd. became illegal
uses. The City further advised the. FDOT that the City sign regulations were not
preempted by state legislation and the illegality of the signs resulted from a constitutionally
reserved right of the citizens and from a proper exercise of the City's police power.
January 21, 1997, the FDOT denied applications that Allan Stowell had fIled reinstatement of
permits for the subject billboard structure on G-T-B Blvd., east ofUS-19.
30. Januarv 21. 1997 FDOT Denial of Stowell Application for Reinstatement of
Permits for a Billboard Structure Located on G-T-B Blvd. On January 21, 1997, the
FDOT denied applications that Allan Stowell had filed reinstatement of permits for the
subject billboard structure on G-T-B Blvd., east ofUS-19.
31. . February 14. 1997 Stowell Request for DOAH Hearing. On February 14, 1997,
Mr. Stowell requested a formal hearing to challenge the denial of the state permits, and on March.
19, 1997 the matter was referred to the Division of Administrative Hearings ("DOAH") for a
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formal hearing. The matter was initially set for a final hearing on September 11, 1997, and was
then continued and rescheduled for a [mal hearing on December 4, 1997.
32. December 4. 1997 DOAH Hearing in Stowell Case. On December 4, 1997, a
formal DOAH hearing was held in Clearwater, Florida. A Recommended Order was entered on
February 2, 1998 (see below), and a Final Order was entered on May 6, 1998 (see below).
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33. February 2. 1998 Recommended Order in the Stowell Case. On February 2,
1998, Administrative Law Judge Arnold H; Pollock entered a Recommended Order in the
Stowell case that made the following finding of fact with respect to the City and the 1989
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Initiative Ordinance:
15. . . . in 1989 it [the City] enacted an ordinance, No. 4753-88, which relates to
signs located on SR 60 and which requires those signs on that road which are non-
conforming.to be brought into conformance or removed within seven years. This
provides affected sign owners an opportunity to either bring the sign into
conformity with the requirements or amortize the cost of the sign over seven
years.
and the following conclusions ofIaw:
28. . . . Thereafter, in 1989 the City adopted Ordinance No. 4753-88 by the terms
of which the billboard in issue, which had been lawfully erected, became a legal
non-conforming structure. The City. however. did not require immediate removal
of the structure but. instead. allowed the owner seven years. until January 19.
1996. to amortize the cost of the structure. As of that latter date. notwithstanding
the prior-granted variance. the structure was either to be made conforming or
removed. Petitioner did neither, even though he was advised to do so by letter
from the City in August 1994.
32; ; . . He has failed to bring the legal non-conforming sign into conformance
within the time specified bv the City in its 1989 ordinance. For that reason the
City. properly, cannot l!rant its permission or acauiescence in the continued
existence of the sil!n in its present confil!uration. Without City approval, by
statute the Department cannot now issue permits for this sign as requested.
Further, there appears to be no legitimate basis for compensating Petitioner for the
removal of signs caused by his own failure to comply with the terms of the City's
1989 ordinance.
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(Emphasis added.) City of Clearwater could not have properly acted in any other manner
than it did under state law. The administrative law judge's conclusion was part of the
Final Order (see below) and was affirmed on appeal (see below).
34. May 6. 1998 Final Order Entered in Stowell Case. On May 6, 1998, the FDOT
entered a Final Order in Mr. Stowell's case, and rejected Mr. Stowell's exceptions to the above-
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quoted [mdings of fact and conclusions of law. The Final Order also recited the following
Background:
. . . In 1981, STOWELL received a variance from the City of Clearwater
(hereinafter the City) to allow for construction of the over-sized sign. During the
existence of the sign, the DEPARTMENT lost and regained jurisdiction over
State Road 60. When the City amended its ordinances, the sign became non-
conforming due to its size and STOWELL was advised by the City of its seven
year amortization period in which the sign would have to be brought into
compliance with the City's ordinance. STOWELL'S amortization period expired
on January 19, 1996.
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(Emphasis added.) Mr. Stowell then unsuccessfully appealed the FDOT's decision to the Florida
First District Court of Appeal.
35. January 21. 1999 Adoption Date for the 1999 New Code. On January 21, 1999,
by passage of Ordinance 6348-99, the City adopted a new community development code (the
"1999 New Code"). The 1999 New Code, at Section 1-106, contained Transitional RuIes
providing as follows:
B. , Existinf! unlawful uses and structures. A structure or use not lawfully existing
at the time of the adoption of this Development Code is lawful only if it conforms
with all of the requirements of this Development Code.
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G. Previous amortization schedules. In the event any use or structure has been
subject to an amortization provision under a previously adopted City Code the use
or structure shall continue to be subject to those provisions.
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Mr. Stowell's billboard structure was not lawfully existing at the time of the adoption of the
1999 New Code [this Development Code] in view of the passage of the previous amortization
schedules under the previously adopted City Code among other reasons. And Mr. Stowell's
billboard structure did not become lawful under the 1999 New Code inasmuch as he did not
conform with all of the requirements of the 1999 New Code [the Development Code]. Mr.
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Stowell was still challenging the finding in the Final Order that the City of Clearwater had acted
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properly in not granting permission or acquiescing in the continued existence of the sign in its
present configuration. Mr. Stowell eventually lost his appeal in the state appellate court (see
below).
36. March 7. 1999 Effective Date of 1999 New Code. On March 7, 1999 (45 days
after adoption), the 1999 New Code became effective. On that date, Mr. Stowell's billboard
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structure and its use was not lawful inasmuch as (1) the structure and use was not lawfully
existing on the adoption date (i.e., January 21, 1999), and (2) the structure and use did not
conform with all of the requirements of the 1999 New Code.
37. July 1. 1999 City Prepares Notice of Violation and Amortization Letters. On July
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1, 1999, notices of violations and amortization letters were prepared in connection with all or
nearly all of the subject billboards and properties.
38. September 19. 1999 Affirmance of StoweU Case. On September 19, 1999, the
Florida First District Court of Appeal affirmed the FDOT Final Order in Stowell v.
Department of Transportation, 743 So.2d 513 (Fla. 1st DCA Sept. 19, 1999).
39. July 13. 2000 Stay of Final Order Requiring Removal of Stowell Billboard on
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Oral Request. On July 13, 2000, the FDOT entered a stay of its Final Order (entered May 6,
1998, as affirmed on September 19, 1999) that had previously ordered Mr. Stowell to remove the
subject billboard. The stay was to be in effect only during the pendency of a new lawsuit
commenced in state court on May 30, 2000 by National Advertising Company against the City.
of Clearwater.
40. MCEB Hearin~s involving National Advertising Company on September 27.
2000 and Lamar Whiteco Outdoor Corp. on October 25. 2000. During September and October
2000, there were MCEB Hearings involving citations against both National Advertising
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Company and Lamar Whiteco Outdoor Corp. Orders were eventually entered in favor of the
City in all eight cases, and were subsequently appealed to the state circuit court. Thereafter,
National Advertising Company acquired the billboard owned by Lamar Whiteco Outdoor Corp.
41. October 24. 2000 Appeal by National Advertising Company of the first seven
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MCEB Orders. On October 24, 2000, National served and filed seven separate appeals of the
first seven MCEB's Orders. The lead appeal was Infinity Outdoor v. City of Clearwater, Case
No. 00-7393 CI (88B), in the Circuit Court, Sixth Judicial Circuit, in and for Pinellas County,
Florida. By Order dated December 5, 2000, all seven appeals were consolidated with Case No.
00-7393 CI (88B), and the matter was "abated until final resolution of the Litigation, Case No.
99-3844 CI (11)." Subsequent appeals of the other two MCEB Orders were consolidated with
Case No. 00-7393-CI (88B).
42. February 28. 2001 MCEB Case Jnvolvin!! Stowell Properties. LLC. On
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February 28, 2001, the MCEB heard testimony as to the City's citation against Stowell
Properties, LLC.
43. March 9. 2001 MCED Order A2ainst Stowell Properties. LLC. On March 9,
2001, the MCEB found that the subject billboard was not lawful under the current Code
and that Stowell Properties, LLC was in violation by not remedying the cited violations.
The MCEB ordered that Stowell Properties, LLC correct the violations within 60 days after the
circuit court's fmal judgment in National Advertising Co. v. City of Clearwater, Case #99-3844-
CI-l1.
In its findings offact as to each one of the seven subject billboards, the MCEB held:
[1]t is evident. . Sec. 44.55(3)(b) of the previous land development code required
sign compliance or removal by 1/19/96. The billboard/sign still exists as a
nonconforming sign. The transitional rules of the current land development
regulations Secs. 1-106.B and 106.G require that signs/billboards not lawfully
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existing at the time of this development code be brought into compliance with this
code. The billboard/sign fails to be lawful under the current code.
(Emphasis added.)
44. March 23.2001 Appeal MCEB March 9.2000 Order. On March 23, 2001, an
45. February 14. 2006 Entry of Stipulated Pinal Judgment. On February 14,2006, a
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appeal was served in connection with the March 9, 2001 MCEB Order.
Stipulated Final Judgment was entered in the case of National Advertising Co. v. City of
Clearwater, Case #99-3844-CI-l1. This case is no longer pending.
46. FDOT Enforcement of Final Order (Affirmed on Appeal in 1999) Providine
For Removal of Stowell Billboard. It can be expected that the Florida Department of
Transportation will now go forward with the enforcement of its 1998 removal order. Upon
delivery of FDOT's notice, Mr. Stowell will have 10 days to comply. If he does not comply,
FDOT or its contractor will remove the billboard structure and the costs will be assessed to
Mr. Stowell. The July 13, 2000 Stay Order indicated that Mr. Stowell had agreed to its
conditions, which have effectively given him an additional six years for keeping the
billboard structure in place.
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